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City Council - 08/01/1995
AGENDA CITY COUNCllJSTAFF WORKSHOP TUESDAY,AUGUST1,1~5 COUNCILMEMBERS: CITY COUNCIL STAFF: I. CALL TO ORDER 6:15 PM, CITY CENTER Heritage Room 8080 MitcheD Road Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross ThonlllDSOn, Jr., and Nancy Tyra- Lukens City Manager Carl JuDie, ~t City Manager Chris Enger, ~t to the City Manager Craig Dawson, Director of Human Resources and Community Services NataUe Swaggert, Director of Parks, Recreation & Facilities Bob Lambert, Police Chief Jim Clark, Director of Public Works Gene Dietz, City Engineer AI Gray, Director of ~ and MIS Steve SineD, Director of Finance John Frane, Director of Inspections Kevin Schmieg, and Planner Don Uram ll. CONTINUED DISCUSSION ON BUDGET PROJECTIONS m. OTHER BUSINF.SS IV. ADJOURNMENT (7:15 PM) ,) . .~ 1 I·:· :~ -~l· z_~ , Ci~ ; , I : ( ~-~r----~\ !:O -.9-o ~-z: o :5 a. \l\- i ' I . -/J-- UJ z :1 a: " • -UJ o o· o UJ \ I ~ E )CATED TREES. 1'151 tltJG PIER (FUTURE) l,;[UI<E TRAIL 8 FISHING '!, i~. 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FES J INV. 881.00 .... _ .-...-.l.i·L,_O:1I.U~ \" \ \ '- ~~~! ~ ~(tii'v i:=88 f);' -\ .. ~ l)l!~~ [/1/ ~~J~., I ~'. 3-,o',-...!1 ('. 6\llJ • •• I e.,~ ,~~a' ~I ! ':f lOS3NNIri 3181V'l:!d N303 tl31l3HS )l8V'd tl3"'ll~ I I 1 I. 0 ,. , ._-, -' 1-!~ I .I ~ -__ -_-I ___ _ ___ I ___ _ ----'i. _ -,--c II! '" , -I I 1':':\ __ ' i I '~---l-: j I 1 I ; 91 9i 1 ~ ! i~ i! • ': ,: 1\ ______ 1 ___ _ ___ I ___ ,1\, ej----,· -"--1-:+ ii i-1-i T -€ ii i: Ii' " -~_l_IIJ~~::_~~~_~I:=_::=_=~~_~~~_,::~_::=_~I~=_~~=_~,_~_I~I~I, e ,I I _ .. ,I , I I: I: \: 1 I i -I I -I I I I 1 I I ~! I I I II I II 1 I l~ i I I ' . ! : ii, I II II I II \1 ! I I I 1 , , 1 -:~ --.-<~:, I t /_~ " 1/ ,I v /-, ~! ... -----:~'-" ----/-------' --~-- -pP' ,~ ~-fr: I ~;--/-/--+I ----'--r-+-...,...-I---~~I -'-'~ (:"'~ ,,' : I ~ _ I I ---- I i, // ,,~~ -ia>~tJlI-l'6~ _ IL __ -~i'-w~'~. ) f (~ ,._., .. -_.(--. _.-. -- -- --,-------,--- - ---,---- :~. '" "f----.. I f----- -/0- ... ~ , lL\ ., t ~ ~ z « ....J => CL a: := 0 0 -' ....J c; LL \ .' \ . . -", !~ ~ i ~: \111 II; I J , I II \ .1 J 1-4: ---t--"--1 i i,...' ---t----"1'1 I i I : I +. ---t----U '. --:-: . t-.. __ . ,~ .. . ,~~:-: -------+----,1 .... -. "'--'-r--- r----- \ \. .R: ---T' r--r1 , i -I l . " .. -. " "::".11.: .~ ..... ' -. , . ,; .. ' " . . .... ~. ~. -, . i ... f " .: .... :. .. ", .. -r ..... :.t '-.' , . ·1 ! . :. .. i I l -/7 ~ - ~, \-r",~ ,\ \ \\\ -... ". \\ "\'\ " ...I~ "'"" .. -' .~\ :~ ,', ~, / ~>'-. '\ ~ " " AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUSTl,I~5 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROu..CAu.. 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Patricia Pidcock, Ronald Case, R~ ThonllUlSOn, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, ABstant City Manager Chris Enger, Dired:or of Parks, Recreation & Natural Resources Bob Lambert, Dired:or of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder I. APPROVAL OF AGENDA AND 01'HER ITEMS OF BUSlNFSS n. OPEN PODIUM m.MINUTES A. CITY COUNCIL MEETING HEI,n TUESDAY, JULY 11, 1~5 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 18, 1~5 C. COUNCIUSTAFF WORKSHOP HElD WEDNESDAY, JULY 19, 1~5 IV. CONSENT CALENDAR A. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR CITY CENTER UGHTJNG IMPROVEMENTS, I.C. 95-5390 B. WAI,NUT RIDGE 2nd Reading of an Ordinance for PUD District Review on 33.39 acres and Zoning District Change from Rural to RI-13.5 on 13.21 acres and Approval of a Developer's Agreement for Walnut Ridge by Residential Development, Inc. located at Riverview Road and Homeward Hills Road. (Ordinance for PUD District Review and Zoning District Change) City Council Agenda Tuesday, August 1, 1995 Page Two C. BEARPA TH CLUBHOUSE 2nd Reading of an Ordinance for Planned Unit Development District Review on 10.2 acres and Zoning District Amendment in the Rural Zoning District on 10.2 acres; Adoption of a Resolution for Site Plan Review on 10.2 acres and Approval of a Developer's Agreement for Bearpath Clubhouse by Bearpath Limited Partnership located at 18100 Bearpath Trail. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) D. GOLDEN TRIANGLE BUSINESS CENTER 2nd Reading of an Ordinance for PUD District Review on 26.81 acres and Zoning District Change from Rural to 1-2 Park on 26.81 acres, Adoption of a Resolution for Site Plan Review and Approval of a Developer's Agreement for Golden Triangle Business Center by CSM Investors located at 76th Street West. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) E. MAll, HANDliNG SERVICES. INC. Adopt a Resolution for Site Plan Review on 9.66 acres by CS & M Company located at 7550 Corporate Way. (Resolution for Site Plan Review) F. AGREEMENTS FOR THE 1995 COMMUNITY DEVEWPMENT BWCK GRANT (eDBG) PROGRAM (Resolution) G. RFliiOLUDON APPROVING FINAL PLAT OF BMRPATH 5TH ADDIDON H. RESOLUTION APPROVING WT I,INE REARRANGEMENT AS A SIMPLE SUBDIVISION WITHIN LAKE EDENYIEW TOWNDOMES Oocated west of FrnnJo Road and north of Eden 'take} I. ~OLUTION APPROVING FINAL PLAT OF GOLDEN TRIANGLE BUSINESS CENTER Oocated at the southwest guadrant of WeB 76th Street and Washineton Ayenue} J. APPROVE supPLEMENTAL AGREEMENT NO.3 FOR DELL ROAD OR 5 to Twili&ht Tram K. RFSOLUTION FOR SALE OF R.A.L.F. PARCEL (Outlot B. Red Rock Shores) to MnOOT for TH 212. I.C. 51-348 L. PROCLAMATION FOR WELCOME WAGON WEEK City Council Agenda Tuesday, August 1, 1995 Page Three V. PUBLIC HEARINGSlMEETINGS A. FVDDRUCKERS. INC. & RIO BRAVO CANTINA by Fuddruckers, Inc. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres, PUD Concept Review on 4.02 acres, Pun District Review on 4.02 acres, Zoning District Change from Rural to C- Reg-Ser on 4.02 acres, Site Plan Review on 4.02 acres and Preliminary Plat of 8.53 acres into 2 lots, one outlot and road right-of-way. Location: U.S. Highway #169 and Technology Drive. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD DRrid Review and Zoning District Change and Resolution for Preliminary Plat) VI. PAYMENT OF CLAIMS VB. ORDINANCES AND RESOLUTIONS vm. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST FROM RESIDENTS OF THE EDENYALE SUBDIVISION FOR COUNCIL TO OVERTURN DECISION ON FOREST BILL ROAD EXTENSION IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITfEF$ A. SENIOR ISSVFS TASK FORCE -Presentation of First Quarterly Report x. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. 1994 Financial Reports C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Starinl Arts Center PrQposaI (Continued from July 11, 1995) City Council Agenda Tuesday, August 1, 1995 Page Four 2. Hockey Association of Eden Prairie tIlAEP) Proposal for Indoor Rink/Shelter Buildinr D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVEI.oPMENT L REPORTOFDIRECTOROFnmUCWO~ 1. Midwest AsphaH (Continued from July 11, 1995) F. REPORT OF CITY ATfORNEY xu. OTHER BUSINESS xm. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 11, 1995 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorf"mnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added item XI. A. 1. B.F.I. Community Clean-Up. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. n. OPEN PODIUM m. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY. JUNE 20. 1995 MOTION: Case moved, seconded by Thorfinnson, to approve the minutes of the June 20, 1995, Council meeting as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVAL OF RECOMMENDATION TO RELOCATE ARCHERY RANGE C. AUTHORIZE MARKET CENTER STREET LIGHTING SERVICE WITH NORTHERN STATES POWER COMPANY CITY COUNCIL MINUTES July 11, 1995 Page 2 D. RESOLUTION 95-125 APPROVING FINAL PLAT FOR BELL OAKS EIGHTH ADDITION WCATED AT THE NORTHWEST CORNER OF RIVERVIEW ROAD AND GANTRY ROAD E. APPROVE REMOVAL OF W AC/SAC CHARGES FOR RESURRECTION LIFE CHURCH AT 16397 GWRY LANE F. RESOLUTION 95-126 AUTHORIZING THE CITY'S PARTICIPATION IN 1995 MINNESOTA CITIES PARTICIPATION PROGRAM (MCPp) G. RESOLUTION 95-127 CORRECTING LEGAL DESCRIPTION CONTAINED IN RESOLUTION NO. 94-189. ADOPTED NOVEMBER 15. 1994. THAT VACATED A PORTION OF TECHNOLOGY DRIVE IN SECTION 16 H. AUTHORIZE CITY ENGINEER TO PREPARE AN upDATE OF THE CITY'S TRANSPORTATION PLAN Regarding item B, Pidcock said she thought there should be a study group or at least an opportunity for citizen input before a decision is made to relocate the archery range. Lambert said there is no organized archery group in town, and the current location is not safe. He said they did look at each of the City park sites to locate alternative locations and the proposed location appears to be the safest one. Case suggested that the range should be relocated for now, but the issue of whether to provide an archery range in the City would be a good topic for a future Council agenda. Pidcock asked why the charges for SAC are being removed in item E. Dietz said the original use of the property was as the Legion Club, so the computation of units was considerably higher than if it had been computed for a church. As a result the amount of special assessments that have been paid so far is more than what would have been paid for church property. For item H, Pidcock asked that Southwest Metro be included in meetings to prepare the City transportation plan. Dietz agreed. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve items A-H on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGSIMEETINGS A. ANDERSON LAKES COMMERCIAL CENTER 3RD ADDmON by 169 Anderson Lakes Corporation. Request for PUD Concept Amendment on 17.0 acres, PUD District Review on 12.4 acres and Preliminary Plat on 12.4 acres into 3 outlots and road right-of-way. Location: Anderson Lakes Parkway and Aztec Drive. (Ordinance 25-95-PUD-12-95 for PUD District Review, Resolution 95-128 for PUD Concept Amendment and Resolution 95-129 for Preliminary Plat) CITY COUNCIL MINUTES July 11, 1995 Page 3 Enger said this is a housekeeping item to allow all of Aztec Drive to become City property. The Planning Commission reviewed the item at their June 12, 1995, meeting and recommended approval on a unanimous vote. The Parks, Recreation & Natural Resources 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 1st Reading of Ordinance 25-95-PUD-12-95 for PUD District Review; to adopt Resolution 95-128 for PUD Concept Amendment; to adopt Resolution 95-129 approving the Preliminary Plat; and to direct Staff to prepare a supplement to the Development Agreement for this property incorporating Commission and Staff recommendations. Motion carried unanimously. B. MAIL HANDLING SERVICES. INC. by CS&M Company. Request for Site Plan Review on 9.66 acres and Preliminary Plat on 9.66 acres into 1 lot for construction of a 61,000 square foot addition. Location: 7550 Corporate Way. (Resolution 95- 130 for Preliminary Plat) Enger said the Board of Appeals will review the variance required for the project at their meeting on Thursday evening. Franzen said the Planning Commission reviewed the project at their June 12, 1995, meeting and recommended approval on a unanimous vote. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 95-130 approving the Preliminary Plat. 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, Thonmnson, Tyra-Lukens and Harris voting "aye. II vn. ORDINANCES AND RESOLUTIONS Vill. PETITIONS. REOVESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS A. PLANNING COMMISSION -Appointment of a member to the Planning Commission to nn an unexpired term through 2/28/96 CITY COUNCIL MINUTES July 11, 1995 Page 4 Thorfinnson nominated Doug Sandstad. Pidcock nominated Sherry Bentley. MOTION: Case moved, seconded by Thorfinnson, to close the nominations. Motion carried unanimously. VOTE #1 ON THE APPOINTMENT: Case, Thorfinnson Tyra-Lukens voted for Sandstad. Pidcock and Harris voted for Bentley. Dawson said he believed the ordinance requires a unanimous vote for anyone who has served two full terms on a commission. He noted that this term is for the seven months remaining on the appointment. Harris asked City Attorney Pauly to research the ordinance. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to table the decision while the City Attorney researched the ordinance. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. B.F.I. Community Clean-Up Tyra-Lukens said the B.P.I. community drop-off day on June 10th was extremely successful, and she extended thanks on behalf of the Council to the current and former members of the Waste Management Commission who planned and directed the event. X. APPOINTMENTS A. PLANNING COMMISSION -Appointment of a member to the Planning Commission'to fill an unexpired term through 2/28/96 MOTION: Thorfinnson moved, seconded by Case, to bring back this item for a vote. Motion carried unanimously. Pauly said the Code states that the appointment of anyone who has served more than two consecutive terms on a commission requires a unanimous vote of the Council. VOTE #2 ON THE APPOINTMENT: Case, Harris, Thorfinnson and Tyra- Lukens voted for Sandstad. Pidcock voted for Bentley. Thorfinnson said he thought it was critical to appoint someone who has experience with current development plans and ordinances, and he thought Sandstad would provide that experience. Case said he agreed, but he would like to see Bentley considered next time. CITY COUNCIL MINUTES July 11, 1995 PageS Pidcock said she thought Bentley was also very experienced and would be an equally good appointee. VOTE #3 ON TIlE APPOINTMENT: Case, Harris, Thorfinnson and Tyra- Lukens voted for Sandstad. Pidcock voted for Bentley. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to reopen the nominations. Motion carried unanimously. Harris nominated Chuck Ruebling. Pidcock questioned whether he has agreed to serve. Pidcock nominated Sydney Pauly. Ms Pauly said she would not be able to serve. MOTION: Pidcock moved, seconded by Tyra-Lukens, to continue the appointment to the next Council meeting. Motion carried unanimously. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Staring Arts Center Proposal Lambert asked that the Council continue with another item as the architect for the proposal had not yet arrived. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVEWPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt. Preliminary Review of Development & Land Alteration llilm (Continued from June 20, 1995) Enger said Staff has been concentrating on obtaining resolution of this item. Staff met with Mr. Johnson and his attorney this afternoon; however, the Midwest representatives did not elect to attend tonight's meeting because they felt it would be more comfortable to attend when there has been a detailed agreement ready to sign. Enger said they have a resolution in concept as of this afternoon, and they need to put together the details of the land alteration permit to bring to the City Council at the first meeting in August. He said they have obtained a limitation of the crushing operation in the permit process. CITY COUNCIL MINUTF.S July 11, 1995 Page 6 Enger reviewed some of the details of the conceptual resolution, noting that the proposed permit would extend for almost three years. He said Midwest will be putting a considerable amount of money into the landscape berming, and they would like to have the possibility of extended hours on the crushing operation. Repeated noise and use violations would constitute a permit violation; however, no violations would provide a prima facie rationale for continuing the permit. Pidcock asked whether there would be a later start time for the Saturday operations. Enger said the asphalt plant itself will have the same hours; however, they will prohibit the crushing operation during the summer months. Roger Sandvick, 14280 Stratford Rd., said he thought the proposed agreement on the hours of operation will be a nightmare of record keeping; however, he did believe the proposal is coming to a place where we can live with it. He said he would like a definition of substantial violation and a definition of what is an emergency operation. He asked that the proposal be sent to him so that he can review it and take it to the neighbors. 2. Report on Fundine Alternatives for Undereround Utility Relocations Dietz reviewed the three alternatives available to fund the cost of converting some overhead utility lines to underground locations, noting that the figures presented are preliminary and would have to be refined. Dietz said the franchise fee would be an ongoing line item on the NSP bill, and NSP does not favor that alternative. The unit charge is a fee that would be put on the monthly bill as a flat rate per meter and would serve to even out some costs to the commercial/industrial consumers. The street lighting utility could be structured to pay for the undergrounding projects at approximately $4.00 per quarter or structured to generate enough income to eliminate the cost of street lighting at approximately $12.50 per quarter. Case said he had requested this report, and, while he realized we need to make some determination in the next few months, he would like additional time to study the issue and to get more information on the street lighting part. He said he did not want the underground portion of the issue lost while we study the funding of street lighting. Dietz said this could be talked about during the budget proposal process. The consensus was to add this to the budget workshop session. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Starine Arts Center Proposal Lambert reviewed the history of the project, including the RFP issued for a proposal to operate a private art center. One proposal was received from CITY COUNCIL MINUTES July 11, 1995 Page 7 a group that was supported by the Eden Prairie Foundation. In January 1995 City staff recommended that Council authorize staff to obtain plans and specifications to renovate the Boyce house in Staring Lake Park to provide an Art Center or a public meeting facility. Lambert reviewed the cost summary of the project. He said the Arts Commission reviewed the proposal and recommended approval on a 3-2 vote. The Parks Commission also reviewed the proposal and voted 3-1 to not recommend approval of the proposal. Brian Klutz, architect for the project, reviewed the site plan and building specifications. Tyra-Lukens asked if the costs for removing the deck and filling the pool were included. Klutz said those items are basic ADA and code requirements. Thorfinnson asked if the lower level would be accessible. Klutz said it would be used only for storage and mechanical functions, not for program use. Pidcock asked if the tile in the bathrooms would be removed. Klutz said they will maintain as much tile as possible while replacing fixtures and conforming with ADA requirements. Pidcock asked when the City took title to the property and if we received a security deposit from the renters of the property. Lambert said we took title in June of 1990, and we did not require a security deposit when we negotiated an agreement with the former owner to remain in the property for five years. He said we stipulated that the property should remain in the same condition as when we took over the ownership. Pidcock asked if we will recover any of the costs of renovating from the tenants. Lambert said they had a caretaker on the property, and we told him we were not happy with the condition. The light fixtures should be returned, and we can have the original carpet put back. Pidcock suggested that we get a security deposit in the future when we rent out City property. Anne Florenzano, 9770 Lakeland Plaza, reviewed four points about the proposal: the fact that there is no money when there is money that will be used for another project if it is not used for this one; we must support the arts or not; the full business plan they have prepared for the project showing future revenues and expenditures; the site chosen is one of the most important considerations in order to offer a home for the arts and draw top quality artists to teach, work and display at the center. She said they have hired an experienced director for the center. The project will provide an opportunity for people in the community to bequeath some of their wealth. CITY COUNCIL MINUTES July 11, 1995 Page 8 Mary Sue Krueger, 18321 Tristram Way, said she is president of the Twin Cities Watercolor Society. She said there will be a new dimension to the arts in Eden Prairie when the center is available. Dick Brown, 7685 Heritage Drive, said he is a member of the Parks Commission and is opposed to the project. He said we will spend about $195,000 of City funds to bring an old building up to code. He wanted to conduct a survey among Eden Prairie residents to determine whether the public wants such a facility. If the survey indicates there is a desire for such a facility, then we should float a bond issue for it rather than take the funds from cash park fees. Harris said the idea of an arts center surfaced three years ago at a town meeting that was held by the Foundation where residents were asked what amenities would be of value to the community. A current telephone survey will also address the issue. Kate Halverson, 10280 County Rd. 18, said the concept today is a culmination of what was started at the town meeting. She said they conducted group sessions throughout the community after the Center for the Arts was organized in January of 1993. Kurt Pederson, 14526 Village Woods Drive, said he thought an Arts Center is appropriate but he thought it should be done right and we should not take money that would otherwise be spent to renovate parks and playgrounds. Beth Beutell, 9890 Lee Drive, said the success of the Staring Lake concert series shows that the art center will be a success. Gwen Leapaldt, 10402 Huntington Drive, said she has been in all kinds of arts centers and this one should certainly provide a good center. Tyra-Lukens questioned the fee for membership, the class costs, and the percent of the budget derived from earned income. Florenzano said the class cost will be based on the experience of the instructor and will be comparable to the $12.00 per class fee charged in Edina. Pat Beckman, Art Center Director, said the goal IS to have 50 % of the budget derived from earned income. Case said he does not think the $200,000 is significant enough to present as a referendum, and we could preserve the concept by spending $200,000 on this facility just as we spend money on athletic programs. CITY COUNCIL MINUTES July 11, 1995 Page 9 Thorfinnson had the following concerns: use of ADA funds which will mean delaying ADA projects on the five-year plan; the fact that this has not been reviewed by the ADA Fund Review Committee; remodeling this building when there are existing City facilities that are underutilized; use of cash park fees at this time for this proposal; the City should not be in the arts business; the downstairs is not accessible; the building will become a long- term maintenance proposition for the City; the strong "no" vote by the Parks Commission; locating the cultural corridor of the City in Staring Park when there may be value in having it nearer the downtown area; and approving this issue before we start the budget process. Tyra-Lukens said she was concerned that we will have $200,000 invested in a building that we have no use for if the Arts Center fails. She was not sure whether this is an art center to serve artists or to serve the community, and she thought there was an issue of competition with Community Ed and the School District. She said it is also difficult to get donations for operating expenses, and $68,000 is projected to come from donations in the first year with none of it to go to capital expenses. She said this may not be the time, place or way to bring arts into the community, and she would like to postpone this item until after the results of the City survey are obtained and after the budget process. Pidcock said she thought we, as a community, need a soul and we need an arts center. She thought now is the right time and, while she does not subscribe to the idea that governments should be involved in running such facilities, we can give it a start. She thought the Boyce property is a good place, and it is okay to start out with just the upper level accessible. There are very dedicated and committed people who are working on the project and who will work to raise money. Harris said she sees this as an opportunity to bring balance to the community; however, she would like to see further commitment and funding for maintenance or for some of the non-recurring costs. She was concerned about renovating this when other facilities in the City are not being utilized fully and thought we might look at one of those facilities for the project. She also preferred to defer this for a couple of weeks in order to look at the budget. Lambert said staff could look into other facilities such as the police building or the senior center if the Council would like them to; however, there is an issue of timing for this project because of the Foundation funding. MOTION: Case moved, seconded by Thorfinnson, to table the discussion of the Staring Arts Center proposal to August 1. Motion carried unanimously. CITY COUNCIL MINUTES July 11, 1995 Page 10 Councilmembers suggested that, while the Staring Arts group is organizing the fund raising, staff could explore alternative sites that might be used on an interim basis before making a commitment to fully rehabilitate the Boyce property. Staff should also look into getting a lower price for the renovation process, perhaps by contacting VoTech about donating services for renovating the facility. Mayor Harris thanked all those who have worked on the project. F. REPORT OF CITY ATTORNEY xu. ornER BUSINESS XID. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10: 15 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , JULY 18, 1995 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross 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. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI. A. Police Cars. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Agenda as published and amended. Motion carried unanimously. ll. OPEN PODIUM ill. MINUTES IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PURGATORY CREEK RECREATION AREA ENTRY REVISED SCHEMA TIC PLAN DESIGN SERVICES c. REAFFIRMATION OF THE EDEN PRAIRIE COMMUNITY MANIFESTO D. PAFKO 2ND ADDITION 2nd Reading of Ordinance 24-95 for Rezoning from RI-22 to RI-13.5 on 4.19 acres and Approval of a Developer's Agreement for Pafko 2nd Addition by Roger and Addie Halverson located at Kurtz Lane and northwest of Twin Cities and Western Railroad. (Ordinance 24-95 for Rezoning from RI-22 to RI-13.5) CITY COUNCIL MINUTES July 18, 1995 Page 2 E. APPROVE RESOLUTION 95-131 AumORIZING CONVEYANCE OF TAX FORFEITED LAND. WT 4. BWCK 1. EDEN PRAIRIE ACRES MOTION: Pidcock moved, seconded by Tyra-Lukens to approve items A-E on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. FOREST HILLS 8TH ADDITION by Taurus Properties. Request for rezoning from Rl-22 to Rl-13.5 on 9.1 acres and Preliminary Plat of 9.1 acres into 19 lots. Location: West of Baker Road south of Theresa Place. (An Ordinance for Rezoning from R1-22 to R1-13.5 and Resolution 95-132 for Preliminary Plat) Duane Dietrich, representing Taurus Properties, reviewed the project He said they have revised the project several times after meeting with the neighborhood and the Planning Commission. He said he would agree with the extension of Forest Hills Road if that is what the City wants; however, he was not in favor of including the pathway through the project. Case said he thought the pathway through the project was important to provide a connection in the system to Forest Hills Elementary School. Dietrich said he did not think pathways are a good idea because they tend to become poorly maintained and are not used a lot. Enger said the Planning Commission reviewed this on three occasions and recommended approval at the July 10, 1995, meeting on a unanimous vote, subject to the recommendations of the Staff Report of July 7, 1995, and with the recommendation that there be a sidewalk connection between this project and the Theresa Place cul-de-sac. He said the Board of Appeals will review the variances required for street frontage and lot size. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project at their July 17th meeting and recommended approval on a 5-0 vote, per the recommendations of the Staff Report of July 7, 1995, and the July 17th Parks and Natural Resources Staff Report. Dietz said a neighborhood meeting was held prior to tonight's Council meeting to review the traffic report prepared by Benshoof & Associates addressing the effect on traffic patterns if Forest Hills Road is connected out to Baker Road. Gray reviewed the results of tonight's meeting with the neighbors regarding the traffic report. He said the connection out to Baker Road would produce a redistribution of traffic and would provide a better balance of traffic in the area. Pidcock asked how the extension of Forest Hills Road would impact the project. Gray said there would have to be a slight shift of the lots on the west side of the CITY COUNCIL MINUTES July 18, 1995 Page 3 project since the set-back requirement would occur on one home on that side of the project. He said the developer would have to dedicate half of the right of way for the road. Case expressed concern about the perception of cut through traffic if Forest Hills Road is extended and asked if having no right tum during rush hours at Candace would eliminate the cut-through traffic. Gray said no right tum at that intersection would also affect the neighbors in this project, and he would recommend that a study be conducted after the project is completed in order to identify if there is a problem with cut-through traffic. Tyra-Lukens questioned the slope of the road connection out to Baker Road and if the slope would occur on the tum. Gray said the elevation is quite high, but the road could be built to stay within the 8 % standard for street grade. He said the steepest part of the road occurs before the tum. Gray said that Staff would like to develop a storm sewer supplement to the south which would bring the elevation of the pond lower and decrease the frequency of ponding back up to the north. He said the undeveloped property to the south would benefit from this supplement. He said Staff would like to analyze this option which would be done as a City project and bring back a recommendation at the time the developer's agreement is presented. Thorfinnson questioned whether Staff is proposing to run Forest Hills Road straight out to Baker Road and if there are drainage problems on the lots to the north of this project. . Gray said they are proposing a more circuitous route that would deter some of the cut-through traffic. He said there is some concern among the neighbors to the north about the storm drainage. Tyra-Lukens expressed concern about the impact on the residents in this neighborhood if the area to the south is developed at 6.5 or 9.5 residential. Dietz said that would have to be dealt with at the time because we don't know what the proposal will be. Gray said the property to the south will have two ways out of the development. Dietz said the extension of Forest Hills Road would solve the problem of how to provide City services to two lots on the east end of Forest Hills Road. Larry Steinblock, 13710 Theresa Place, said he did not think the new development will have a bearing on traffic on Kingston and Golf View. He said he thought everything was worked out, and now the road extension is being proposed. He thought the project should come back for additional neighborhood review. John Mallo, 14000 Forest Hills Road, said, after three meetings with the Planning Commission, we now have a different plan. He had assumed the Council would be reviewing the plan approved by the Planning Commission. Noting the petition CITY COUNCIL MINUTES July 18, 1995 Page 4 from the neighborhood requesting Forest Hills Road to remain a cul-de-sac, he said their main complaint is with the traffic speed on Golf View and Kingston. Mike Zimmer, 3923 Kingston Drive, said he is concerned that the lot sizes in the development should be looked at in relationship to the entire neighborhood. He expressed concern about the traffic and the impact the road extension would have. Wendy Meyers, 14327 Golf View Drive, expressed concern about the current traffic in the neighborhood, noting that much of it travels in excess of 30 mph and there are no sidewalks on Golf View. She said the Police Dept. has told them it is difficult to patrol, and the City has turned down their requests for stop signs. She said the safety issues should be addressed and then reviewed suggestions for traffic safety in the area. Joann Meyer, 13695 Theresa Place, would like to see the number of lots further reduced, asked about the costs for connection and where the sewer and water will connect from Theresa Place for the new project, and asked for further information regarding the pond issue. Gray reviewed the location of the connection and said there will be no cost for the connection for the Theresa Place residents since there is no benefit to them. He said the change in the pond will increase the volume of storage available. Robert Gjersvik, 7102 Baker Road, said he owns the two lots on the east end of Forest Hills Road, and he would like to see the sewer put in at the same time the road extension is built so it doesn't have to be tom up later. Tracy Kieber. 6995 Marianne Drive, expressed concern about the traffic in the area of Baker and Valley View, and how the grading for this development will affect trees on her lot. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing. Motion carried unanimously. Tyra-Lukens asked if the traffic study gives a sense of the traffic flow on the side streets. Gray said the side streets will see a decrease in traffic volumes; however, the proposal will not change people's driving habits or speeds. He said we may need to change and adjust portions of Baker Road to help the traffic flow. Pidcock said there has been a history of problems with Kingston Drive and Golf View over the years. She was concerned that the developer has worked through the process and worked with the neighborhood and now we have produced the traffic study and are asking him to wait with his development. Gray said we do not intend to greatly delay the project, and it should be back on schedule with the developer's agreement if the Council makes a decision based on the information available tonight. CITY COUNCIL MINUTES July 18, 1995 Page 5 Harris said her prejudice is to put a road through since any development to the south of this project would require an additional outlet, the extension has been a part of the long-range planning and conceptual framework for City development, and we need to take opportunities to move traffic more easily whenever possible. She suggested that Staff review the traffic issue in the neighborhood in light of safety and the heavy traffic volumes. Case said he sympathizes with the people on Forest Hills Road; however, he feels there are some larger issues of safety that we need to address, so he would support with some discomfort the connection of Forest Hills Road. He said he supports the sidewalk connection and would like to see the safety issue prioritized and the no right tum issue studied. Pidcock said she agreed that extending Forest Hills Road out to Baker Road is the wisest thing to do considering the overall safety of the community. She would like to see the sidewalk put through from this development to Theresa Place. Thorfinnson said one of the first issues he was confronted with on the Council was the Bennett Place project where an alternative roadway was needed but there was none available. He thought this is an opportunity to prevent another Bennett Place situation and to alleviate the traffic conditions in this neighborhood. He was concerned about the problems on Kingston Drive and Golf View Drive, and he supported the idea of conducting a traffic study. MOTION: Tyra-Lukens moved, seconded by Case, to approve the 1st Reading of an Ordinance for rezoning from Rl-22 to Rl-13.5; to adopt Resolution 95-132 approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, to include the connection with Forest Hills Road, the sidewalk to Theresa Place, and conducting a study of traffic patterns on Golf View Drive and Kingston Drive in order to alleviate traffic problems there. Motion carried unanimously. B. PRESERYE VILLAGE CENTER by Semper Development. Request for Zoning District Amendment in the Community Commercial Zoning District on 9.46 acres, Site Plan Review on 9.46 acres and Preliminary Plat of 9.46 into one lot and road right-of-way. Location: Anderson Lakes Parkway and C.S.A.H. 18. (An Ordinance for Zoning District Amendment in the Community Commercial Zoning District and Resolution 95-133 for Preliminary Plat of 9.46 acres) John Kohler, architect for the project, reviewed the project design, noting that, because the Center will lose some parking spaces as a result of the upgrade to County Road 18, the building size has been decreased. Pidcock questioned whether the current tenants will continue in the redesigned project and if they will be able to continue business while the renovation is occurring. Craig Christenson, representing proponent, said they have met with all tenants and are working on proposals for them which will include details regarding continuing business. CITY COUNCIL MINUTES July 18, 1995 Page 6 Case expressed concern that the neighborhood hardware store will be gone and asked if proponent can seek a particular type of tenant. Christenson said they might be able to do that. Tyra-Lukens said she has a petition signed by 14 members of the Basswood Road area requesting that a hardware store stay within the development. Pidcock asked what plans there are for upgrading the berm to Clark Circle as part of the project. Kohler said they will take care of erosion in the area and repair the fence. Enger said the Planning Commission reviewed the project at their June 26th meeting and recommended approval on a unanimous vote, subject to the recommendations of the June 23rd Staff Report. The Parks Commission did not review the project. Gail Lunzer, 9702 Clark Circle, said she would prefer that they provide a continuity of color on the upper area of the new bulding rather than the variety of colors described by the architect. John Lunzer, 9702 Clark Circle, expressed concern about changing the entrances to the Center in such a way as to make it even more difficult for residents to get out of Garrison Way onto Anderson Lakes Parkway. He asked if the drive- through pharmacy traffic will exit out the back way to Anderson Lakes Parkway. Kohler said the drive-through traffic will be one way through to the front of the Center. Harris asked about progress on the upgrade to Anderson Lakes Parkway from County Road 18 to Garrison Way. Dietz said the project is let and they are doing some of the utility work now. The overall project should be completed by the end of next year. MOTION: Pidcock moved, seconded by Thorfinnson to close the Public Hearing; to approve 1st Reading of an Ordinance for Zoning District Amendment; to adopt Resolution 95-133 approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. HARTFORD PLACE -OFFICE DEPOT by Ryan Construction Company of :Minnesota, Inc .. Request for Planned Unit Development Concept Amendment on 4.43 acres, PUD District Review on 4.43 acres and Site Plan Review on 4.43 acres. Location: Lot 2, Block 1, Prairie Lakes Business Park. (Resolution 95- 134 for PUD Concept Amendment and an Ordinance for PUD District Review) Janine Crone, representing RLK, was available for questions. CITY COUNCIL MINUTES July 18, 1995 Page 7 Enger said the Planning Commission recommended approval of the project at the June 26, 1995, meeting on a 6-0 vote. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Review; to adopt Resolution 95-134 for PUD Concept Amendment; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. SVPERV ALU EA W REVIEW by SuperValu. Review of EA W. (Resolution 95- 135) There were no comments from the audience. Enger said the Planning Commission reviewed this item at the July 10, 1995, meeting and voted unanimously for a finding of no significant impact on the SuperValu Corporate Headquarters EA W and that an Environmental Impact Statement is not necessary. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; and to adopt Resolution 95-135 for Finding of No Significant Impact for the SuperValu EAW. Motion carried unanimously. E. VACATION 95-05: V ACA TION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF WINDFIELD 5TH ADDITION (Resolution 95-136) Jullie said this is a housekeeping item. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Pidcock to close the Public Hearing; and to adopt Resolution 95-136 to vacate the easements. Motion carried unanimously. F. VACATION 95-06: VACATION OF RIGHT-OF-WAY FOR PART OF VALLEY OAK DRIVE (Resolution 95-137) Jullie said this is a housekeeping item. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public Hearing; and to adopt Resolution 95-137 vacating a portion of the right-of-way for Valley Oak Drive. Motion carried unanimously. CITY COUNCIL MINUTES July 18, 1995 Page 8 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, Thonmnson, Tyra-Lukens and Harris voting "aye." IV. CONSENT CALENDAR (Reconsideration) MOTION: Pidcock moved, seconded by Thorfinnson, to reconsider the Consent Calendar in order to discuss item B. Motion carried unanimously. Pidcock said she recalled that we had paid for an entrance to the Purgatory Creek Recreation Area. She asked how much we paid for it, and if it could be done more inexpensively than is proposed. Enger said the previous entrance plan was done internally by staff. Barb Cross has additional responsibility for facility management, so she cannot take on design projects. He said Mr. Lambert is looking into alternatives for lower maintenance use of the park and possible private use of the park that would be more of a partnership with the private sector. He noted that $6900 is a good value for the price. Pidcock asked if it could be done in coordination with SouthWest Metro and questioned what Lasher & Associates is doing. Enger said they were asked to offer a proposal; however, they have declined because of a potential conflict of interest. MOTION: Case moved, seconded by Tyra-Lukens, to approve items A - E of the Consent Calendar. Motion carried unanimously. VU. ORDINANCES AND RESOLUTIONS VllI. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS A. PLANNING COMMISSION -Appointment of a member to the Planning Commission to rill an unexpired term through 2/28/96 (Continued from July 11, 1995) Thorfinnson nominated Doug Sandstad. MOTION: Case moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Doug Sandstad to fill an unexpired term through 2/28/96 on the Planning Commission. Motion carried unanimously. B. ARTS COMMISSION - 2 appointments to the Arts Commission to fill unexpired terms through February 28, 1997 CITY COUNCIL MINUTES July 18, 1995 Page 9 Tyra-Lukens nominated David Steppart. Pidcock nominated Patricia Vignoni and Kathleen Tillotson. Case nominated Rachel Hutter. MOTION: Case moved, seconded by Thorfinnson, to close the nominations. VOTE ON TIlE NOMINATIONS: Harris, Pidcock, Thorfinnson and Tyra- Lukens voted for David Steppart. Case, Thorfinnson and Tyra-Lukens voted for Rachel Hutter. Harris and Pidcock voted for Patricia Vignoni. Case voted for Kathleen Tillotson. David Steppart and Rachel Hutter were appointed to fill the unexpired terms through February 28, 1997, on the Arts Commission. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Police Cars Pidcock said she has received complaints about the checkout required for police cars that occurs between 10:00 and 11:00 p.m. Jullie said staff has also received complaints and he thought we had dealt with it. He said staff will check into it and report back at the next meeting. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITy AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. APJ)rove Eneineerine Aereement for Water Treatment Plant Expansion Project. I.C. 94-5350 Dietz said staff is recommending approval of Amendment No.1 to the Engineering Agreement with Black & Veatch for the final design services for the Water Treatment Plant Expansion. He said this represents a reasonable fee for the work that is contemplated. MOTION: Pidcock moved, seconded by Case, to authorize the Mayor and City Manager to execute the engineering agreement with Black & Veatch. Motion carried unanimously. Dietz invited Councilmembers to attend the neighborhood meeting scheduled for tomorrow afternoon at 3:00 p.m. to discuss the Glenshire outlot. We have the delineation back from the DNR and the Watershed District. CITY COUNCIL MINUTES July 18, 1995 Page 10 F. REPORT OF CITY ATTORNEY xu. OTHER BUSINESS xm. ADJOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:00 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WEDNESDAY, JULY 19, 1995 COUNCIL/STAFF WORKSHOP COUNCILMEMBERS: CITY COUNCIL STAFF: I. CALL TO ORDER 6:00 p.m. CITY CENTER Heritage Room 8080 Mitchell Road Mayor Jean Harris, Councilmembers Ron Case, Nancy Tyra-Lukens, Patricia Pidcock, and Ross Thorfinnson, Jr. City Manager Carl Jullie, Assistant City Manager Chris Enger, Assistant to the City Manager Craig Dawson, Director of Human Resources and Community Services Natalie Swaggert, Director of Parks, Recreation and Facilities Bob Lambert, Police Chief Jim Clark, Director of Public Works Gene Dietz, Director of Assessing and MIS Steve Sinell, Director of Finance John Frane, Director of Inspections Kevin Schmieg, and Planner Don Uram The meeting began at 6:35 p.m. The Council and staff had had dinner in the Garden Room beginning at 5:30 p.m. ll. WORKSHOP Mayor Harris described the purpose of the workshop and noted that the City wanted to attain a balanced budget for 1996 and establish a policy for future budget decisions. City Manager Carl Jullie stated the workshop was being held to present the budget forecast to the Council, and then to open up a discussion of the ramifications that may occur when the model budget is applied utilizing various scenarios. He commented that staff and the Council agreed there was a problem with current budgeting practices, and it was felt that the City needed to develop a practice of utilizing current funds to balance the budget. He suggested that a "freeze" be placed on on operations expenses in 1996. He reviewed the general fund budget for 1995 and discussed the allocations for the various services the City provides under the auspices of the Police, Fire, Parks and Recreation, Public Works and General Government departments. He noted that these services are supported by the property tax revenues. Assistant City Manager Chris Enger reviewed the proposed model in detail, stating that its purpose was to create a sound fiscal plan for the City which could be implemented immediately and used over the long term to create a balanced budget which did not rely on one-time revenues. He stated there have been changes in the way the City gathers resources and provides services. He reviewed past budgeting practices, the present budget composition and the proposed budgeting model. He discussed the amount of debt the City will pay over the next ten-year period. CITY COUNCIL MINUTES July 19, 1995 Page 2 Enger discussed the operating budget at present and what has transpired over the past five- year period. He described the amount of growth in the community and the need to provide services to accommodate that growth. He commented that the demand for services grew faster than recurring the revenue sources, and that the City had incurred debt while providing these services for its residents. Enger noted the budget model components were: 1. Market value and new construction growth. 2. Market value and tax capacity projections. 3. Fiscal Disparity calculations. 4. Tax impact on median residential homestead properties. 5. Tax levies based on projected tax capacities and tax rates. 6. Ten-year budget projection. Enger discussed the assumptions upon which the model was based for each component of the model. He noted there was $1.6 million in one-time revenue in 1995. He stated that the rate of spending must be lowered to equal the amount of revenue to achieve a balanced budget. He noted the following suggestions as possible means of achieving this goal: 1. Spend one-time revenues against Capital Improvements. 2. Implement a hiring freeze, but not freeze salaries or benefits for present employees. 3. Decide whether to continue to provide the existing high level of services to residents. 4. Examine operational spending costs. 5. Possibly implement more/higher "user fees" to be paid by those residents that use the programs or facilities. 6. Consider a tax increase and whether the rate of inflation was a reasonable guide to increase taxes. Presently the tax rate in the model does not change with the rate of inflation. 7. Increase the tax level at a higher rate early to enable the City to recover some lost ground. Discussion ensued regarding which things were built into the model and which ones were not included. Enger noted that some items which had not been taken into account when developing the model were 1) a recession, 2) a legislative property tax freeze, and 3) a change in fiscal disparities. He felt that a contingency plan was needed in case some of these things occur. He commented that staff did not foresee a major change in the political and financial climate within the next year. It was noted that historically spending growth levels have been about 7%, but this would drop off as the City became fully developed. The items which have the greatest impact on the budget would be a cut in spending and increasing property taxes. Possible means of accurately determining expenses versus revenues were discussed. Staff discussed revenue sources and some alternatives to generating revenue other than through property taxes. Additional City engineering fees for review of new developments was suggested. CITY COUNCIL MINUTES July 19, 1995 Page 3 Possible reduction or elimination of services was discussed. Staff noted that Eden Prairie residents expect a high level of services from their City, and those services have been provided in the past. Discussion ensued regarding which services the public might be willing to do without. It was felt that possibly the community survey would give some insight into how residents perceive the City and the provision of services. Director of Parks, Recreation and Facilities Bob Lambert noted that as an example of high service levels, Eden Prairie is the only City that drags and chalks its ballfields daily, and in other cities the teams go out and drag and chalk the fields themselves. Discussion ensued regarding the facilities which were provided by the City, and these included the Senior Center renovation, an adaptive recreation program, Miller Park, the Bluff Preserve. These were all developed using City funds, and there are more requests for facilities which will be presented in the future. Some of those include a third rink requested by the Hockey Association, buildings at Miller Park by the Softball Association, and existing playgrounds don't meet new safety guidelines will need to be upgraded. Enger commented that another meeting would be needed to develop options in each category, including the dollars involved, and a second meeting would be needed to discuss the options. It was felt that citizen involvement was needed to gain recommendations and credibility. It was suggested that each department propose areas of possible reduction, and include the percent of the population that these services/facilities served. Enger noted that staff recommended a freeze of the 1995 levels of operations spending for one year. It also recommended that the City stop relying on one-time revenues after 1996, and after that time have one-time revenues applied towards the Capital Improvement Program. After the presentation, Council and staff discussed possible solutions. Councilmembers were in agreement with the recommendations that had been proposed, but felt that more information was needed in order to develop more specific recommendations. A consensus was reached by the Council that more informati~n was desired in written form to better understand the proposals and the alternatives available. Staff was directed to develop various models based on differing tax increases, service level reductions, and fee increases, and to provide these at the next workshop for City Council review. It was noted that core services should be identified and rated according to the cost and numbers of people that benefit from these services. Enger stated that levels of service can be rated A-F and definitions of each level would be provided. It was noted that a preliminary 1996 Budget would be adopted by mid-September and a preliminary budget would be presented for Council review by late August. Staff believed that the Council should freeze the 1995 levels of spending except for salaries and benefits for present employees. This would give them time to create scenarios and develop a strategy that they can agree on and adjust as needed. Director of Public Works Gene Dietz described how developers are subsidized by the City of Eden Prairie, where some cities charge developers 5 % for the cost of constructing streets. It was felt that the citizens should be informed what services are provided by the City and funded with tax money, to increase awareness and appreciation throughout the community. CITY COUNCIL MINUTES July 19, 1995 Page 4 Mayor Harris stated she felt that a strategic direction should be developed and a broad philosophy created regarding the City position on such issues as user fees, tax increases and levels of service provided for residents. She requested staff to provide written options which could be projected possibly 4-5 years into the future. ill. ADJOURNMENT The workshop concluded at 8:30 p.m. DATE: 08/01195 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: ,I/. II SECTION: DEPARTMENT: ITEM DESCRIPTION: I.C. 95-5390 Engineering Division Approve Plans and Specifications for City Center Site Lighting Improvements Rodney W. Rue Recommended Action: Approve resolution approving plans and specifications and ordering advertisement for bids for City Center Site Lighting Improvements. Overview: After finalizing the plans with the Community Development and Facilities staff, quotes were obtained for the site lighting improvements. The quotes we received were higher than allowed by State Statute. Therefore, the bid process is necessary to complete the site lighting improvements. Financial Issues: The lowest quote we received was $27,985.00 which did not include final restoration. With the bidding process (bonding requirements, etc.) and the inclusion of final restoration, the estimated bid amount will likely be higher than the quoted amount. We recommend approval of plans and specifications for City Center Site Lighting Improvements and ordering advertisement for bids. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer through Toltz, King, Duvall, Anderson and Associates, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 95-5390 City Center Site Lighting Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for one week, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., August 15, 1995, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, August 15, 1995, at the Eden Prairie City Hall, Eden Prairie. ADOPTED by the Eden Prairie City Council on August 1, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-1-95 SECTION: 2ND READING ITEM NO. zre DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger WALNUT RIDGE Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Change from Rural to Rl-13.5 on 13.21 acres and PUD District Review on 33.39 acres; • Approval of a Developer's Agreement At the last City Council meeting, residents asked for one level homes so their view would not be blocked. The builder considered their request, but decided not to commit to one level homes along Riverview Road. The developer has committed to removing one unit along Riverview Road. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Change from Rural to Rl-13.5 2. Developer's Agreement 3. Correspondence rsr:8 -' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-95-PUD-I0-95 WALNUT RIDGE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development RI-13.5 Zoning District 23-95-PUD-1O-95 (hereinafter "PUD- 1O-95-RI-13.5 "). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 1, 1995, entered into between Residential Development, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-1O-95-RI-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1O-95-RI-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1O-95-RI-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1O-95-RI-13.5 are justified by the design of the development described therein. D. PUD-1O-95-RI-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. ]J[13-~ Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-1O-95-RI-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 9th day of May, 1995, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 1st day of August, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on -------------------------------- TYI3-3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-9S-PUD-I0-9S WALNUT RIDGE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Riverview Road and Homeward Hills Road from Rural to Rl-13.5 on 13.21 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Walnut Ridge LEGAL DESCRIPTION The East 667.3 Feet Of Government Lot4, And The East 667.3 Feet Of The Southeast 1/4 Of The Northeast 1/4, All In Section 36. TOYinsh i p U6. Range 22, Hennep in County, Minnesota. DEVELOPER'S AGREEMENT WALNUT RIDGE THIS AGREEMENT, made and entered into as of August 1, 1995, by Residential Developer's Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for PUD Concept Review and PUD District Review on 33.39 acres, Rezoning from Rural to R1-13.5 on 13.21 acres, and Preliminary Plat of 33.39 acres into 19 lots and 2 outlots, all on 33.39 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. __ _ and Resolution No. 95-92, Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on May 9, 1995, revised and dated May 3, 1995, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. Upon approval by the City Engineer, Developer agrees to implement the approved street and utility plans prior to building permit issuance. 4. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to release of the final plat, Developer shall incorporate the following requirements into covenants and restrictions on the property and submit them for review and approval by the City Planner and shall record the approved covenants and restrictions in the Hennepin County Record's/Recorder's Office. Prior to building permit iss~ance, applicant shall submit a Certificate of Survey with the following information to the Building Department and receive written approval. A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Grading of each lot upon which a home or other structure is to be built shall be in accordance with the grading plan approved by the City Engineer. G. No construction or grading within the conservancy easement. H. No steepening of the natural slopes and walk-out levels meet natural grade. No more than a 20 foot wide construction area on the lower ground elevation behind the walkout level. I. Engineered design for footing, foundation, and retaining walls. J. For Lots , houses must be designed to take storm water runoff towards the storm sewer system on the property as depicted on Exhibit B as part of the Developer's Agreement between Residential Developers, Inc. K. A plan with two 2' -21h' deciduous trees similar to burr, red, or white oak. 5. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation Easement for review and approval by the Director of Parks, Recreation and Facilities, as shown on Exhibit B. Said Conservation Easement shall begin at a distance of 35 feet from the back of each house on the property. Upon approval by the Director of Parks, Recreation and Facilities, Developer shall deliver and record the Conservation Easement in the Hennepin County Recorder's/Registrars Office and shall provide evidence to the City of the recording of Conservation Easement prior to the release of the first building permit. 7J£B-7 6. FINAL GRADING AND EROSION CONTROL PLAN: FINAL GRADING PLAN: Developer acknowledges that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's approval of a fmal grading plan for the Property. The final grading plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading plan. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineers approval of an Erosion Control Plan for the Property. Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Upon approval by the City Engineer, Developer agrees to implement the approved Final Grading and Erosion Control Plan in accordance with the terms and conditions of Exhibit D attached hereto. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the property, Developer shall submit to the City Forester and receive the City Forester's approval of a plan depicting the construction grading limits on the property. Prior to the issuance of the land alteration permit, Developer shall place a construction fence at the limits of the proposed grading as shown on Exhibit B. Developer shall notify the City and Watershed District 48 hours in advance of grading so that the construction limit fence may be field inspected. Upon approval by the City Forester, Developer agrees to implement the approved grading limit plan in accordance with the terms and conditions of Exhibit C attached hereto. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150 % of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. PARK DEDICATION: Developer agrees that prior to the release of the final plat, that a 75 foot wide outlot parallel to the Minnesota River as depicted on Exhibit B attached hereto shall be conveyed to the City for park purposes. The Developer further agrees that the outlot shall be dedicated to the City free and clear of any liens, mortgages, or encumbrances, and in accordance with the terms and conditions of Exhibit C, attached hereto. 10. PRIVATE DRIVEWAY: Developer agrees that, prior to release by the City of the fInal plat for the Property, a reciprocal, shared driveway easement and maintenance agreement shall be submitted for review and approval by the City Engineer. Upon approval by the City Engineer, Developer shall record said agreement in the Hennepin County Recorder's -Registrar's office and provide to the City proof of recording prior to the fIrst building permit issuance. 11. PRIV ATE UTILITIES: Prior to the issuance of an occupancy permit, Developer shall submit to the City Engineer and receive the City Engineer's approval of an agreement for the construction and maintenance of existing private utilities on the property. 12. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the RI-13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates a waiver from the minimum street frontage requirement for Lot 2, Block 1 and a waiver for Lots not fronting on a public street for Lots 1 -8, Block 2 as part of PUD ___ _ 13. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building OffIcial, and obtain the Chief Building OffIcial's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Upon approval by the Chief Building OffIcial, Developer agrees to implement said retaining walls, as approved by the Chief Building Offlcial, concurrent with the grading, street, and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 14. TREE LOSS -TREE REPLACEMENT: There are at least 12,477 inches of signifIcant trees on the property. Tree loss is calculated at 2,476 inches. Tree replacement required is 689 inches. Prior to grading permit issuance, Developer shall submit to the City Forester and receive the City Forester's approval of a tree replacement plan based on the following conditions: A. Pine trees that remain on the tree farm portion of the property shall be thinned to a 10' x 10' spacing. B. Smaller pines around the perimeter of the property shall be transplanted using a tree spade. C. 2 -2.5 inch diameter deciduous trees shall be planted concurrent with home construction on each of the lots. Trees shall be similar to white, burr and red oaks. This plan would be for a total of 110 diameter inches of trees. Developer shall submit a tree plan for 110 inches for review and approval by the City Forester prior to the release of the final plat. 15. TRAIL CONSTRUCTION AND EASEMENT ACCESS TO NURP POND: Developer agrees to construct a 10 foot wide bituminous trail within a drainage utility easement as shown on Exhibit B, attached hereto. Prior to construction of the trail, developer shall submit detailed plans for review and approval by the City Engineer. Upon approval by the City Engineer, Developer agrees to construct or cause to be constructed said trail concurrent with street and utility construction on the property. W'B-/O OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN RESIDENTIAL DEVELOPMENT, INC. AND THE CITY OF EDEN PRAIRIE WALNUT RIDGE THIS AGREEMENT, made and entered into as of Au..iU'2+ I , 1912, by and between Edward and Lois Schlampp, husband and wi referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. _-_, changing the zoning of the Property owned by Owner from the Rural District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of A~",.,+-, , 19 tt$;' by and between Residential Development, Inc., a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Residential Development, Inc., or owner, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District, after the appropriate public hearings. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. If Residential Development, Inc. fails to acquire title to the Property from the owner, then the owner may elect to assume Residential Development Inc.' s rights and obligations under the Developer's Agreement. 3. If Owner transfers such Property, to someone other than Residential Development, Inc., Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. 7J['8~11 TO: THROUGH: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Bob Lambert, Director of Parks, Recreation and F1a2t:es John Gertz, Historical Interpretation Specialist Q.a July 26, 1995 V ~ HPC Review and Recommendation on Walnut Ridge Development Burial Site Treatment Plan Monday, July 24, 1995, the HPC met with Rick Murray of Residential Developers, Inc. to review the Burial Site Treatment Plan for the Eck Burial Site. The treatment plan was prepared by the Institute for Minnesota Archaeology for review by the Office of the State Archaeologist and Minnesota Indian Affairs Council. Upon review of the Burial Site Treatment Plan by the HPC, a motion was passed recommending that the treatment plan be accepted by the City Council and that the plan is in compliance with the State Statute 307. Staff would like to point out that the treatment plan contains treatment options. Option 2: Exhumation and Reinterrment of Human Remains likely will be selected. This option includes establishing a cemetery on the landowner's property. If a conservation easement is utilized to protect the cemetery site, staff recommends consulting with the City Attorney, State Archaeologist, and Minnesota Indian Affairs Council to prepare any special use conditions. JG:mdd cc: Mike Franzen, Senior Planner Sherry Butcher-Younghans, HPC Chairperson Rich Murray, Residential Developers, Inc. WRidge.memo SUBIJt<8AN CLER I CAL SVCS TEL: 612-920-0W86 SHAKOPEE MDEWAKANTON SIOUX COMMUNITY Feb~uary 23, 1995 23.30 Sioux Trail NW. Prior Lake, Minnc:;oLa 55372 Tribcll Offic.:~ (612) 445 8900 FAX: (612) 445-8906 TO WHOM IT MAY CONCERN: OFFICERS STANI.EY R. CROOKS Ch"nr'''''''''' KF.NNETH ANOI:;HSON VIce CIw,;rr""""m DARLENE MATI"A s.,,:n:wry/T~ .... ~r This is in regards to the lifting of a concrete slab which is believed to be covering a'grave or Paleo Indian Buria1 Mounds. This is located on the property of Ed Schlampp, description as follows; (Unplotted 35-116-22, 31.26 Acres, 667-3+10 feet of Gout, Lot #4. As the Spiritual Leader for the Shakopee Mdewakanton Sioux Dakota Community Band in Prior Lake, I will witness the lifting of the above mentioned concrete slab. If Human remains should be found, I will authorize the remains be removed to an agreed upon site donated to the Tribe by Ed Schlampp and maintained by the owners of said property. This is traditionally appropriate for a Sacred Burial Ground. Respectfully Submitted, ~~~ Rev. Gary Cavender Shakopee Mdewakanton Sioux Dakota Tribe ;.\ ........ -... ~ ..... -... -.. ... -' ........... -.......... _ . . . '-.. -.................. -..... ... ...... ..~ , ....... ............. \fy'ALN\Ji 266 .... • I , " l I J I I : I June 2, 1995 Mr. Mark Dudzik Office of the State Archaeologist Fort Snelling History Center St. Paul, MN 55111 Dear Mr. Dudzik, On behalf of Residential Developers, Inc. I enclose a proposed treatment plan for activity proposed at 21HE2, the Eck Bmial Site, for your review and comment. Please call with any questions. Sincerely, ~ Kim Breakey Project Manager cc: Rick Murray, Residential Developers, Inc. . Jim Jones, Cultural Resources Specialist, Minnesota Indian Affairs Council .~:>()() University :he. Sr:. Suite 2()2. !'v1inneap<)lis. MN 5541..+ A SITE TREATMENT PLAN FOR 21HE2, THE ECK BURIAL SITE, EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA by Kim C. Breakey and Oark A. Dobbs IMA Consulting, Inc. 3300 University Avenue Southeast, Suite 202 iYlinneapolis, i\tlinnesota 55414 Voice: 612/623-0299 Fa."c 612/-623-0177 .----.---. -- Consulting, Inc. May 31, 1995 This document was prepared for Residential Development, Inc. for submission to the Office of the State Archaeologist, and the Minnesota Indian Affairs Council. 7Y B-/6 [MA Consultin~. [nco INTRODUCTION The Eck Burial Site (21HE2) is located on the property of Mr. Ed Schlampp in Section 35 Township 116 North Range 22 West, 667 - 3 + 10. Gov't Lot 4, City of Eden Prnirie. Hennepin County, Minnesota. Mr. Schlampp and his developer Residential Development, Inc. (RDI) wish to construct a residential housing development in the area of 21HE2. RDI's archaeological consultants, Th1A Consulting, Inc. (IMAC) are assisting with the compliance of Minnesota Chapter 307.08. This document presents a plan for the treatment of 21HE2 in accordance with correspondence between RDI and the Office of the State Archaeologist and Reverend Gary Cavender of the Shakopee Mdewakanton Sioux Dakota Community Band (all attached). The plan is pending review and approval of the Office of the State Archaeologist (OSA) and the Minnesota Indian Affairs Council (MIAC). The site was excavated by Lloyd A. Wilford of the University of Minnesota in 1950 (Wilford 1964). The owners, Mr. and Mrs. Les Eck, reported that "some preliminary excavation on a lower terrace. near an older house, had disclosed human bones." Two complete and one nearly complete skeleton as well as some additional bones were excavated. Two of the individuals were children, the third an adult male, and all were flexed primary burials. Skull and jaw fragments of other children were excavated as well as clam shells. a stone projectile point, two perforated dog (or wolf) teeth. Wilford. in his report documenting the excavation, indicates "the ends of some bones were found belonging to a skeleton that was under the house and was not uncovered" (1964: 1-2). All that is left of the house observed by Wilford is a concrete slab. As noted above, there is evidence that there were human remains beneath the slab in 1950. These mayor may not be still be in place. Therefore a key element in the treatment of this site is an evaluation to detennine if any human remains are present. All investigations proposed herein will be conducted by archaeologists meeting or exceeding the Secretary of the Interior's Guideline for Archaeology and Historic Preservation. All methods will coniOlTIl witlllhose commonly accepted by OSA and MIAC. RDI has arranged with Reverend Gary Cavender Spiritual Leader of the Shakopee Mdewakanton Sioux Dakota Community Band, to provide spiritual guidance and to officiate at the proposed proceedings if human remains are discovered (Cavender to To Whom It May Concern February 23, 1995). SITE TREATMENT PLAN This treatment plan includes two steps. The first is evaiuation of the site and second is the treatment of the site. Three options are presented for treatment of the site depending on the results of the evaluation. Evaluation The concrete slab will be removed mechanically no later than July 1, 1995. Removal of the slab will be monitored by representatives of OSA.lv1IAC. Rev. Cavender, !MAC, and RDI. The soil underneath the slab will be carefully examined to determine if human remains are present Options 1,2, or 3, as appropriate, will be implemented after consultation with ~SA. MIAC, and Rev. Cavender at that time. The criteria defined for exhumation versus preservation is the degree of disturbance of the remainder of the site, number of individuals represented. and condition of the remains. Based on these three factors, OSA, MIAC, and Rev. Cavender will mutually determine which of the following three options will be implemented. Site Treatmentfor the Burial Area at 21HE2 1 IMA Consulting. Inc. Option 1: No Human Remains Present If no human remains are observed, sediments under the slab will be removed by hand by IMAC archaeologists to ascertain the presence or absence of any disturbed soils or features consistent with other known burials. If none are found. a report documenting the investigation will be submitted to OSA and MIAC for their review. Development will continue following acceptance of the report. The area under the slab may be monitored by an archaeologist during construction. Option 2: Exhumation and Reinterrment of Human Remains If a limited number of human remains are observed (the number to be determined by OSA, .MIAC, and Rev. Cavender during exposure of any remains), a prayer will be offered by Rev. Cavender and, in consultation with OSA and MIAC, the remains will be secured in a method speCified by OSA and MIAC. Senior !MAC staff will conduct the excavation. The human remains themselves will be documented and removed by osteologists from Hamline University's Anthropology Department. Analysis of the remains will be conducted by Hamline University osteologists and a report prepared. Following a review of the report by OSA and MIAC, the remains will be reinterred in an area designated by the landowner in consultation with Rev. Cavender. The area will be consecrated as a cemetery large enough to contain the human remains recovered during this procedure and the human remains excavated in 1950 at 2IBE2, platted and recorded in accordance with Minnesota Chapter 307.01, and the remains reinterred during a ceremony conducted by Rev. Cavender and assistants. The cemetery will be included in the development plat with an appropriate buffer and cemetery maintenance procedures to be negotiated with OSA, MIAC, and Rev. Cavender. Option 3: Preservation in Place If a large number of human remains are observed (the number to be determined by OSA, MIAC, and Rev. Cavender during exposure of any remains), the human remains will be left in place and preserved. A prayer will be offered by Rev. Cavender and the remains immediately documented and covered during a ceremony conducted by Rev. Cavender. The area will be consecrated. platted and recorded as a cemetery in accordance with Minnesota Chapter 307.01 and be included in the development plat with an appropriate buffer and cemetery maintenance procedures to be negotiated with OSA, MIAC, and Rev. Cavender. A report documenting the proceedings will be prepared and submitted to OSA and MIAC for comment. Other Considerations Human remains, and associated artifacts or grave goods, excavated by Wilford in 1950 are reportedly housed at University of Minnesota. REFERENCES CITED Wilford, L.A. 1964 The Eck Mound and Burial Area (21HE2). Minnesota Archaeological Newsletter No.6, Department of Anthropology, University of Minnesota -MinneapOlis. Site treatment plan approved. Office of the State Archaeologist Date ____ _ Mirmeosta Indian Affairs Council Date ____ _ Site Treatment for the Burial Area at 21 HE2 2 01/08/1994 02:04 6126230177 I ItvlA CONSUL 6126230177 PAGE 02 1995 UCENSE TO CONDUCT ARCHAEOLOGICAL INVES11GA nONS ON STATE OR. STATE SUBDMSION LANDS (per MINNESOTA STATUTES 138.36) This license, number. 95-011 in effect through: 01.31.96 i5 issued to : CarkA Dobbs IMA Consulting, Inc. 3300 University Avenue SE, Suite 202 Minneapolis, Minnesota 55414 Work shall be conducted aa:ording to the Terms and Conditions established by the State Archaeologist and the Director of the Historic:al Society as specified in the Field Archaeology Act. MN sr 138.36. This proj6Cl u specijicD.lly licensed to include the acavaJion and analysis 01 reponed American Inditln remllin:s ASSocillleJ with Jhe Eck BwUJ nte (21-HE-0002J. and to ,aciJiIale their eventual reburial per guidelines established by the Office of the StQk Archaeologist and the Minnesota Indian Affmn CounciL FOR: evaluation for the presence of human remains, and the subsequent excavation, analysis and reburial of any remains identified during the course of licensed excavations at the Eck Burial site (21.HE. 0002) RE: on behalf of ResidentialDevelopment. Inc., per site treatment plan developed by IMA in consultation with and per approval of the Office of the Stale Archaeologist and the Minnesota Indian Affairs Council (copy attached; see also appended application materials) SPECIAL CONDmONS; A FULL COpy OF APPLICATION MATERIALS MUsr BE ATrACHED TO lHE LICENSE. Copies of all photodocumentation, field notes and maps, records of analyses and any and all other project- related materials are to be provided to the OSA upon completion of these investigations. Formal excavation to be by nlltural strata or no greater than 5 centimeter arbitrary increments in soils which contain or might reasonably be expected to contain archaeological materials; if greater than 5 em increments, must document rationale in MethodsIField Procedures section of resulting report. Draft and final report copies are to be reviewed and approved by the OSA prior to distribution. All cultural materials recovered shall be curated at an institu tion that m.eets federal curation standards or per guidelines developed by the OSA. MIAC and Ha.m.I.ine University osteologists. All artifacts subject to deterioration shall receive proper field and laboratory conservation. ~is license shall be included as an Appendilt in any report(s) resulting from the :above fieldwork. The above license number must be cited on the report cover and any and Illl correspondence fe ating to the project. FaiJunJ to confonn 10 the Terms and Conditions of this li~ense is sufficient for rev()(ffl<rJOfI funher licerue3. STATE ARCHAEOLOGIST ~ Date MINNESOTA mSTORICAL SOCIETY Date me licm~(r is to provide g copy o(this license to tire;,. partnt organization and to tire ogrncy on whose behalrrhis mtarch IS umhrrtliun. Tr{3-J9 June 12, 1995 Rick Murray RDI, Inc. 15 Choctaw Circle Chanhassen, MN 55317 RE: Site 21-HE-0002 (Eck Burial) I Site Treatment Plan Dear Rick, Per discussion, I am writing to advise you of my position regarding development of the above property following a review of a proposed site treatment plan submitted to this office by lMA Consulting Inc. on behalf of RDI (copy attached). Please note that the substance of this plan was reviewed in detail with Mr. Jim Jones of the Minnesota Indian Affairs Council (MIAC) on Wednesday, June 7, 1995. Mr. Jones and I agree that the treatment plan developed by IMA meets the concerns and needs of both this office and those of MIAC. Note, however, that prior to the initiation and implementation of this plan, IMA will need to obtain a license to conduct archaeological investigations through this office per MN Stat. 138, and has been so advised. Please do not hesitate to contact me if you require any additional information or clarification. Mark J. Dudzik State Archaeologist \ cc: J. Jones (MIAC) K. Breakey (IMA) Fort Snelling History Center, St. Paul, MN 55111 Tel: (612) 726-1171; FAX: (612) 725-2429 rsLB -20 ---~~~~~~~~--~~-------;-----JjUU[L--:2'L.~4-;'~:;:,,-11""2L~;:S;)~L l~iJ. uU 1 I.V,,-STATE ARCHAlOLOGISl lu: July 24, 1995 Rick Murray RDI. Inc. 15 Choctaw Circle Chanhas.~en, MN 55317 RE: Site ll·lIE-OOOl (~k Burial) I Site TreatmeDt PlaD Dear Riek, I have today received and reviewed Slanley Crooks' (Chairman. Shakopee Mdewakanton Dakota) correspondence of 07.14.95. It is clear from Mr. Crooks' correspondence that the SMD community is supportive of identifying. excavating and reinterring other. as yet unidcntified burials associated with the Bek burial site. Again, I continue to be supportive of this effort unless large numbers of additional individuals are encountered; I bclieve that we are !!l in agreemcnt on this is.40ue. Please note that 1 will bc out of the office Friday, July 28 though Monday. August 7. Plnese arrange to coordinate further plans with Mr. lim Jones of MN Indian Affairs and with Mr. Bruce Koenen (}f OSA during my abscnce (Mr. Koenen j~ to be on-site during all excavation related activities). C(lDtact me promptly if you need additional illformation or clarification. Sincerely, fr-IL-J:. Mark J. Dudzik State Archaeologist ~ K. Breakey (IMA) J. Jones (MIAC) B. Koenen (OSA) B. O'Connell (H U) Fort SncUingIIistory Center,St. Pau~ MN 5511] Tel: (612) 726·1171; I-AX: (612) 725-2427 nr8-Z/ .~ " . j:U9PM 5MSC :::'i'l:::>l.. Hu, LOOU " , .' Shakopee Mdewakanton Sioux Community 23:,0 SIOUX TRAIL NW • PRIOR LAKE, MINNF.SOTA 55.172 1RII:3AL OFFICE: 612-1\45-8900 • FAX,612-445-6900 Mr. Mark Dudzik State Archeologist Ft. Snelling History St. Paul, Minnesota July 14, 1995 Center 55111 RE: Remains Located on Ed Schlammp Property Dear Mr. Dudzik; r, j; I.. OFFICERS Stanley A. Crooks Chairperson Kenneth Anderson VICE' ChalfpC(SOII Darlene MCNeal Sflcrelaly/Treasurer This letter concerns remains located on a site in Eden Prairie, Minnesota. My understanding of the facts is that: 1) the remains were originally discovered several decades ago; 2) some remains were removed at that time; 3) recent discoveries include partial remains of three persons; 4) the current owner desires to develop the property; and 5) the current owner will dedicate land for a cemetery. The primary concern of the Community is respect for the persons buried at the location. Considerations include retaining the original burial site, potential trespass and future disturbance. Given the development plans for the location the trespass and disturbance consideration outweigh the desire to retain the original burial site. It is my opinion that unless the original site can be protected from trespass and disturbance it may well be better to re-locate the remaining persons and return those removed to that location. If Mr. Schlammp will dedicate a properly sited cemetery parcel it may reduce the potential for future problems. The cemetery location should afford privacy and trespass protection. It should also be transferred by deed to a party that will have the authority to prevent future disturbance. ·~I. 21. 1995 3:09PM Mark Dudzik Schlammp Burial Site Page 2 SMSC SMSC .. .l.. '"', I... Thank you for your involvement with this situation and for requesting the Community's advice. It is unfortunate that such disturbances have taken place over the years. If relocating the burial site will prevent future actions it will be a positive change. If you need any further advice or response please contact the Community. hl~ff~ Stanley R. 9fOOkS Chairman Shakopee Mdewakanton Dakota Community CC: Jim Jones, Minnesota Indian Affairs Council EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-1-95 SECTION: 2ND READING ITEM NO. z:rcc." DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEARPATH CLUBHOUSE Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD District Review on 10.2 acres and Zoning District Amendment in the Rural Zoning District on 10.2 acres; • Adoption of a Resolution for Site Plan Review on 10.2 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Amendment 2. Site Plan Review 3. Developer's Agreement zsz: c.. -I BEARPATH CLUBHOUSE SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO DEVELOPER'S AGREEMENT, made and entered into as of August 1, 1995, by BEARPATH DEVELOPMENT CORPORATION, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the parties desire to supplement the Developer's Agreement between Bearpath Development Corporation and the City of Eden Prairie dated July 20, 1993, (hereinafter the "Bearpath Developer's Agreement") for the Clubhouse Property legally described in Exhibit A, attached hereto and made a part hereof, which is a part of the Property described in the Bearpath Developer's Agreement; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 9-95-PUD- 11-95 and Resolution # , Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of the Clubhouse Property as follows: 1. "Developer" shall develop the Clubhouse Property in conformance with the materials dated March 2, 1995, reviewed and approved by the City Council on March 7, 1995, attached hereto as Exhibit B, subject to such changes and modifications as provided herein, and subject to, and in accordance with, the provisions of paragraph 9 hereof. 2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City Planner, and receive the City Planner's approval of a plan depicting exterior materials and colors to be used on the buildings on the Clubhouse Property. Upon approval by the City Planner, Developer agrees to implement, the approved exterior material plan concurrent with building construction on the Clubhouse Property. 4. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineers approval of an Erosion Control Plan for the Clubhouse Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy set forth in Exhibit D, attached hereto and made a part hereof. 5. GRADING IN THE WOODED AREAS ON THE CLUBHOUSE PROPERTY: Prior to grading within any of the wooded areas on the Clubhouse Property, Developer shall submit to the City Planner and receive the City Planner's approval of a plan depicting the construction grading limits on the Clubhouse Property. Prior to the issuance of the land alteration permit, Developer shall place a tree protection fence at the limits of the proposed grading as shown on Exhibit B. Developer shall notify the City and Watershed District 48 hours in advance of grading so that the construction limit fence may be field inspected. 6. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City's approval of a final landscape plan for the Clubhouse Property which shall reflect all of the landscaping and plant materials ("landscape improvements"). Said landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150 % of the cost of the landscape improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to City, and obtained City's approval of a plan for screening of mechanical equipment on the Clubhouse Property in the manner as depicted in Exhibit B, attached hereto. Said mechanical equipment includes the gas meters, electrical conduit, and water meters in addition to standard heating, ventilating, and air conditioning units. Security to guarantee construction of said screening shall be included with that provided for the landscape improvements on the Clubhouse Property, per City Code requirements. If, after completion of construction of said mechanical equipment screening, it is determined by City, in its sole discretion that the screening as constructed does not meet the Code requirements to screen said equipment from public streets and differing, adjacent land uses, then City shall notify Developer and Developer shall take corrective action to modify the mechanical equipment screening in order to meet Code requirements. Developer acknowledges that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 8. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the Rural Zoning District through the Planned Unit Development District Review for the Clubhouse Property and incorporates said waivers as part of PUD-1/-95'" zrC-3 A. Waiver from the maximum sign square footage of 32 square feet to 39.17 square feet. Waiver from the maximum number of signs allowed per project from one to two. 9. Except as otherwise provided herein all of the terms of, and obligations described in, the "Bearpath Developers Agreement" shall continue in full force and effect. ------------------------------------- BEARPATH CLUBHOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-95-PUD-11-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Rural Zoning District 9-95-PUD-1l-95 (hereinafter "PUD-1l-95-Rural "). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 1, 1995, entered into between Bearpath Limited Partnership, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-11-95-Rural, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-II-95-Rural is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1l-95-Rural is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-II-95-Rural are justified by the design of the development described therein. D. PUD-II-95-Rural is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rural District and shall be included hereafter in the Planned Unit Development 11-95-Rural, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of March, 1995, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 1st day of August, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _______________ _ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-95-PUD-11-95 BEARPATH CLUBHOUSE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows the amending of land located at 18100 Bearpath Trail within the Rural Zoning District on 10.2 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsI John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) TIre,-7 EXHIBIT A BEARPATH CLUBHOUSE PARCEL Project No. 2650 July 19, 1995 Lot I, Block 14, BEARPATH ADDITION, according to the recorded plat thereof, Hennepin County, MilU1esota. AND That part of Outlot V, BEARPATH ADDITION, according to the recorded plat thereof, Herulepin County, Milmesota described as fo11O\\/s: Begiruling at the northeast corner of Lot 1, Block 14, said BEARPATH ADDITION; thence South 19 degrees 01 minutes 16 seconds West, assmned bearing along the easterly line of said Lot 1 a distance of 198.20 feet to the southeast comer of said Lot 1; thence North 89 degrees 21 minutes 02 se- conds West, along the southerly line of said Lot 1 a distance of92.00 feet to the southwest corner of said Lot 1; thence South 58 degrees 24 minutes 18 seconds East 107.00 feet; thence South 12 degrees 49 minutes 35 seconds West 86.20 feet; thence South 77 degrees 10 minutes 25 seconds East 70.18 feet; thence South 44 degrees 39 minutes 58 seconds West 486 .19 feet~ . thence South 1 degree 05 minutes 34 seconds West 135.55 feet; thence South 67 degrees 36 minutes 52 seconds East 421.13 feet; thence North'21 degrees 19 minutes 53 seconds East 252~01 feet; thence North 82 degrees 09 minutes 28 seconds East 340.79 feet; thence North 15 degrees 40 minutes 14 seconds West 599.08 feet to the southerly line of Outlot CC, said BEARPATH AD- DITION; thence northwesterly 185.50 feet, along the southerly line of said Outlot CC, being a non-tangential curve, concave to the northeast, having a radius of305.00 feet, a central angle of34 degrees 50 minutes 51 seconds and a chord which bears North 71 degrees 25 minutes 51 seconds West; thence northwesterly 140.84 feet, continuing along the southerly line of said Outlot CC, being a reverse curve, concave to the southwest, having a radius of 554.41 feet and a central angle of 14 degrees 33 minutes 17 seconds to the point of beginning. BEARPATH CLUBHOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BEARPATH CLUBHOUSE BY BEARPATH LIMITED PARTNERSHIP WHEREAS, Bearpath Limited Partnership has applied for Site Plan approval of Bearpath Clubhouse on 10.2 acres for construction of a two -level 35,000 sq. ft. clubhouse facility located at 18100 Bearpath Trail within the Rural Zoning District; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 13, 1995, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 7, 1995, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Bearpath Limited Partnership for the construction of a two -level 35,000 sq. ft. clubhouse facility, based on plans dated February 10, 1995, between Bearpath Limited Partnership, and the City of Eden Prairie. ADOPTED by the City Council on August 1, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk TZ ~-9 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-1-95 SECTION: 2ND READING ITEM NO. reD DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger GOLDEN TRIANGLE BUSINESS CENTER Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD District Review on 26.81 acres and Zoning District Change from Rural to 1-2 Park on 26.81 acres; • Adoption of a Resolution for Site Plan Review on 26.81 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Change from Rural to 1-2 Park 2. Site Plan Review 3. Developer's Agreement TJt:D-1 GOLDEN TRIANGLE BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-95-PUD-8-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development 1-2 Zoning District 16-95-PUD-8-95 (hereinafter "PUD-8-95-I- 2 Park"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 1, 1995, entered into between CSM Investors, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-8-95-I-2 Park, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-95-I-2 Park is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-95-I-2 Park is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-8-95-I-2 Park are justified by the design of the development described therein. D. PUD-8-95-I-2 Park is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-8-95-I-2 Park and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of April, 1995, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 1st day of August, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _______________ _ --r- Golden Triangle Business Center Exhibit "A" _______________ ~ .... .IIZM.~~_~ ••• LEGAL DESCRIPTION All that part of the Southeast one-quarter (1/4) of the Southeast one-quarter (1/4) of Section 12, Township 116 North, Range 22, West of the 5th Principal Meridian, described as follows: Beginning at a point in the South line of said Southeast one-quarter (1/4) of the Southwest one-quarter (1/4) 400 feet West of the southeast corner thereof; thence West along said South line to the Southeast corner of said Southeast one-quarter (1/4) of the Southeast one- quarter (1/4); thence North along the West line of said Southeast one-quarter (1/4) of the Southeast one-quarter (1/4) to the Northwest corner thereof; thence East along the North said line of said Southeast one-quarter. (1/4) of the Southeast one-quarter (1/4) to a point 400 feet West of the Northeast corner thereof; thence South in a straight line to the point of beginning, except that ,part thereof described as follows: Beginning at the northwest corner of said Southeast Quarter of the Southeast Quarter; thence South 89 degrees 52 minutes 57 seconds East, assumed basis for bearings, 939.41 feet along the north line of said Southeast Quarter of the Southeast Quarter, to the west line of the east 400.00 feet of said Southeast Quarter of the Southeast Quarter; thence on a bearing of South, 35.00 feet along said west line; thence North 89 degrees 52 minutes 57 seconds West 700.26 feet; thence northwesterly 242.62 feet along a tangential curve, concave to the north, radius 835.00 feet, central angle 16 degrees 38 minutes 52 seconds, to the point of beginning. 7IiJ-t/ GOLDEN TRIANGLE BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-95-PUD-8-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPI'IONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 76th Street West from Rural to 1-2 Park on 26.81 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsI John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the _______ _ (A full copy of the text of this Ordinance is available from City Clerk.) GOLDEN TRIANGLE BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR GOLDEN TRIANGLE BUSINESS CENTER BY CSM INVESTORS, INC. WHEREAS, CSM Investors, Inc. has applied for Site Plan approval of Golden Triangle Business Center on 26.81 acres for construction of 2 -one story industrial buildings totaling 153,300 square feet located at 76th Street West to be zoned 1-2 Park by an Ordinance adopted by the City Council on April 18, 1995; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 10, 1995, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its April 18, 1995, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Golden Triangle Business Center for the construction of 2 -one story industrial buildings, based on plans dated April 7, 1995, between Golden Triangle Business Center, and the City of Eden Prairie. ADOPTED by the City Council on August 1, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT GOLDEN TRIANGLE BUSINESS CENTER THIS AGREEMENT, made and entered into as of A ~ us t I , 1915 by CSM Investor's Inc., Minnesota Corporation, hereinafter referred to as "Develope," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 26.81 acres, Planned Unit Development District Review on 26.81 acres, Zoning District Change from Rural to 1-2 Park on 26.81 acres, Preliminary Plat of 26.81 acres into one lot, and Site Plan Review on 26.81 acres for construction of 2-one story industrial buildings totaling 153,300 square feet, all on 26.81 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. and Resolution No. 95-70, Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on April 18, 1995, and dated April 7, 1995, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. Upon approval by the City Engineer, Developer agrees to implement the approved street and utility plans prior to building permit issuance. 4. CONSERV A TION EASEMENT FOR PROPOSED LANDSCAPING: Prior to the release of the final plat, the Developer shall submit to the City Forester, and receive the City Forester's approval of a conservation easement for the protection of proposed plantings along the south side of the loading areas as depicted on Exhibit B attached hereto. This easement shall allow the developer to enter upon the easement for the purposes of constructing berms and planting 1J['D-7 landscaping consistent with the approved grading and landscaping plan as depicted on Exhibit B. Thereafter, the grading or berm shall not be altered nor shall any plantings be removed except with the prior written consent of the City. There shall be no trash, waste, or other offensive material, soil, or landfill placed within the easement area nor shall there be any change in the general topography of the easement area landscape, including, but not limited to, excavation, dredging, movement or removal of soil without the prior written consent of the City. Upon approval by the City Forester, Developer shall record the approved said easement document in the Hennepin County Record's/Registrar's Office. Evidence of fIling of said easement shall be submitted to the City prior to the release of the first building permit. 5. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation Easement for review and approval by the Director of Parks, Recreation and Facilities, as shown on Exhibit B. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer shall deliver and record the Conservation Easement in the Hennepin County Recorder's/Registrars Office and shall provide evidence of the recording of Conservation Easement prior to the release of the first building permit. 6. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City Planner, and receive the City Planner's approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Upon approval by the City Planner, Developer agrees to implement the approved exterior materials plan concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. FINAL GRADING AND EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineers approval of an Erosion Control Plan for the Property. Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City'S Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's approval of a plan for irrigation of the landscaped areas on the Property. Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan concurrent with building construction, in accordance with the terms and conditions of Exhibit C, attached hereto. 9. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. -Developer shall furnish to the City Planner and receive the City Planner's approval of an acceptable landscape security equal to 150 % of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 10. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to City, and obtained City's approval of a plan for screening of mechanical equipment on the Property in the manner as depicted in Exhibit B, attached hereto. Said mechanical equipment includes the standard heating, ventilating, and air conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, per City Code requirements. If, after completion of construction of said mechanical equipment screening, it is determined by City, that the constructed screening does not meet the Code requirements to screen said equipment from public streets and differing, adjacent land uses, then City shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to meet Code requirements. Developer acknowledges that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 11. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the 1-2 Park Industrial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD-___ -'- A. Waiver from the front yard setback requirement to parking from 50 to 35 feet in the 1-2 Park Zoning District. 12. REMOV AL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and to obtain the Chief Building Official's approval of, plans for demolition and/or removal of existing structures, septic systems, and wells on the Property. Prior to such demolition or removal, Developer shall provide to the City a certified check in the amount of $1,000.00 to guarantee the restoration of the Property to grade. City agrees to return said certified check to Developer after the demolition or removal is completed and after it is verified by City that the structures, well, and/or septic system have been property demolished or removed and that the Property has been restored to grade. l3. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Developer agrees that the retaining walls shall be a masonry construction. Upon approval by the Chief Building Official, Developer agrees to construct, the approved retaining walls, as approved by the Chief Building Official, concurrent with the grading, street, and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 14. SIDEWALK CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation, and Facilities, and obtain the Director's approval of detailed plans for a five-foot wide concrete sidewalk to be located on the southside of West 76th Street. Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalks and trails, concurrent with street construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 15. TREE LOSS -TREE REPLACEMENT: There are 1132 diameter inches of significant trees on the property. Tree loss is calculated at 736 inches. Tree replacement required is 636 inches. Prior to the release of the final plat, Developer shall submit to the City Forester and receive the City Forester's approval of a tree replacement plan for 636 inches. Said plan shall include replacement trees of a 3 inch diameter minimum size for a shade tree and a seven foot minimum height for conifer trees. Upon approval by the City Forester, Developer agrees to implement the approved tree replacement plan for 636 caliper inches concurrent with building construction on the property. n:: D -10 Golden Triangle Business Center OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN CSM INVESTOR'S INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of August 1, 1995, by and between Elizabeth Ann McCartney, an individual, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. _-_, changing the zoning of the Property owned by Owner from the Rural District to the 1-2 Park District, as more fully described in that certain Developer's Agreement entered into as of August 1, 1995, by and between CSM Corporation, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If CSM Corporation, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-1-95 SECTION: 2ND READING ITEM NO. ~E DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger MAIL HANDLING SERVICES, INC. Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Adoption of a Resolution for Site Plan Review on 9.66 acres Supporting Report: 1. Site Plan Review MAIL HANDLING SERVICES, INC. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MAIL HANDLING SERVICES, INC. BY CS & M Company WHEREAS, CS & M Company has applied for Site Plan approval within the 1-2 Zoning District for Mail Handling Services, Inc. on 9.66 acres for construction of 61,000 sq. ft. warehouse addition located at 7550 Corporate Way; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 12, 1995, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its July 11, 1995, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Mail Handling Services, Inc. for the construction of a warehouse addition, based on plans dated July 7, 1995, between Mail Handling Services, Inc., and the City of Eden Prairie. ADOPTED by the City Council on August 1, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk ]j[. £-~ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-1-95 SECTION: CONSENT CALENDAR ITEM NO. lJI: F DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger AGREEMENTS FOR THE 1995 COMMUNITY David Lindahl DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Request to Council: • Approve Resolution authorizing the Mayor and City Manager to execute Subrecipient and Third Party Agreements between the City and Hennepin County for the 1995 Community Development Block Grant Program (CDBG). Background: See the attached memo. Supporting Reports: 1. Memorandum 2. Resolution rsr ':"-1 MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: David Lindahl, HRA Manager DATE: July 20, 1995 SUBJECT: EXECUTE AGREEMENTS FOR THE 1995 COMMUNITY DEVEWPMENT BWCK GRANT (CDBG) PROGRAM. Recommended Action: Approve Resolution authorizing the Mayor and City Manager to execute Subrecipient and Third Party Agreements between the City and Hennepin County for the 1995 Community Development Block Grant Program (CDBG). Back&round: Hennepin County, as the entitlement agency for the Urban County CDBG Program, receives CDBG funds directly from HUD and is referred to as the CDBG Grant Recipient. The County distributes these funds to the City of Eden Prairie and 42 other cities throughout the County who participate in· the Program. Participating cities are referred to as Grant Subrecipients. Other agencies receiving CDBG funds from cities are referred to as Third Party Recipients. Each year the City is required to execute sub recipient and third party agreements with Hennepin County for each CDBG activity approved for funding. These agreements specify the requirements for implementing each activity. Each year these agreements must be executed for each activity approved for funding by the City. The City Council approved the following activities for the 1995 CDBG Program, which runs from July 1, 1995 through December 31, 1996. 1. Housing Rehabilitation Loan Program 2. Affordable Housing Land Acquisition 3. Child Care Subsidy (GMDCA) 4. Household and Outside Maintenance for Elderly (HOME) 5. CASH Homeline 7. Transportation Service TOTAL rrr F-7... $80,000 $79,607 $24,000 $10,340 $ 3,000 $ 1.311 $193,258 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR & CITY MANAGER TO EXECUTE SUBRECIPIENT AND THIRD PARTY AGREEMENTS FOR 1995 (Year XXI) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) WHEREAS, the City of Eden Prairie has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1995 (Year XXI) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U. S. Department of Housing and Urban Development, the City is a subrecipient, and Greater Minneapolis Daycare Association and Senior Community Services are third party recipients that receive a share of the grant; and WHEREAS, program regulations require that a Subrecipient Agreement and Third Party Agreements be executed by the City and third parties which set forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED that the City Council of the City of Eden Prairie hereby authorizes and directs the Mayor and the City Manager to execute the Subrecipient Agreements between the City and Hennepin County, and execute Third Party Agreements between the City and third parties on behalf of the City. ADOPTED this 1st day of August, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, Clerk NF-3 DATE: 08/01195 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV.G SECTION: Consent Calendar , DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bearpath Fifth Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Bearpath Fifth Addition subject to the following conditions: • Receipt of conservation easements over the lots abutting Purgatory Creek • Receipt of engineering fee in the amount of $1,120 • Receipt of documentation of agreements for shared driveway and sanitary sewer service for Lots 7 and 8, Block 1 • . Revision of plat to include drainage and utility easements over ponding areas within Block 3 Background: Bearpath Partnership is requesting Council approval of the next phase of the Bearpath pun, consisting of 28 single family lots lying west of Riley Creek. City Council approved the preliminary plat October 4, 1994. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed at the November 1, 1994 City Council meeting. As stipulated in the Developer's Agreement, the developer is required to provide the City with conservation easements within 50 feet of the ordinary high water mark of Riley Creek on lots abutting Riley Creek. In this plat that consists of Lot 1 Block 1, Lot 1 Block 3. JJ:ssa cc: John Vogelbacher, Sienna Corporation James R. Hill, Inc. Jut./ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARP ATH FIFTH ADDITION WHEREAS, the plat of Bearpath Fifth 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 Bearpath Fifth Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated 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 August 1, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk IV. C. 2 I ~ Cl ~S ~ , \,.J C:l C> :.~ I t" 0 o- to r: :..t :) (f-() .( :...,J fli .' ; () .. "" t" "-.r.v· ............... "-. .' .. "-............ -... ~'~~~y \ I ) , ( , j \'" , , , , "- , , , , .. S r:! B ---- DATE: 08/01195 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV.H SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Property Line Rearrangement within Lots 3 and 4, Block 1, Lake Jeffrey Johnson Edenview Townhomes Recommended Action: Staff recommends that City Council adopt the resolution approving a lot line rearrangement of the common property line between Lots 3 and 4, Block 1, Lake Edenview Townhomes. Background: Orrin Thompson Homes is requesting a two-foot shift in a common lot line to better accommodate their architectural style of the townhouse units and also meet the building set backs from property lines. This proposal is not a final plat but is a minor subdivision as defined within Section 12.6 of City Code which states "in the case of a subdivision of small size and minor importance situated in a locality where conditions are well defined, the Council may exempt the subdivider from complying with the requirements stipulated in this Chapter." I tI. /1 .. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING A SUBDIVISION OF LOTS 3 AND 4, BLOCK 1 LAKE EDENVIEW TOWNHOMES WHEREAS, the plat Lake Edenview Townhomes was approved by the City Council January 17, 1995, 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, developer of the plat seeks to subdivide an existing lot within said plat to accommodate building style. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. City Council hereby approves the subdivision of Lot 3, Block 1, Lake Edenview Townhomes in a manner so as to provide for the sale of the easterly two feet of said Lot 3 to the owner of the adjacent Lot 4, Block 1, Lake Edenview Townhomes. B. Said subdivision is approved within Section 12.6 Subd. 2 of the City Code under Minor Subdivisions. ADOPTED by the Eden Prairie City Council on August 1, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk N \ "-'I SCA LE: 1 INCH = 30 FEET LAKE EDENVIEl.J TOHNHOUES 11I·}I·3 • DATE: 08/01195 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV.I SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Golden Triangle Business Center Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Golden Triangle Business Center subject to the following conditions: • Receipt of conservation easements over the proposed landscaped areas and also for the protection of existing trees • Receipt of plans and specifications for the construction of a sanitary sewer force main along West 76th Street to Washington Avenue and City Engineer's approval of same • Satisfaction of bonding requirements for public utilities • Receipt of engineering fee in the amount of $2,681 • The requirements of the Developer's Agreement Background: This proposal consists of platting one lot for the construction of two office warehouse buildings by CSM Corporation, two outlots and right-of-way dedication for street purposes along with a sixth street. The plat is located at the southwest quadrant of West 76th Street and Washington Avenue. The preliminary plat was approved at the City Council meeting held April 18, 1995. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement is scheduled for the August 1, 1995 City Council meeting. JJ:ssa cc: Joan Kuschke, CSM, Corporation / V,! / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF GOLDEN TRIANGLE BUSINESS CENTER WHEREAS, the plat of Golden Triangle Business Center 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 Golden Triangle Business Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 27, 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 August 1, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk Iv.:r, Z ...... ~ . '" . ~ S .: • • ~8~ ;;= ~.~ ;r~ b. GOLDEN TRIANGLE BUSINESS CENTER ... -, n .. I, ••. ,. J. ~ .Ctl."' .. ." • DI:~'ts 1,,-1I00I,,-,,., ... "IOtt;..,..~ .. I'cue 1 ' 'j I f .. SI ..... ftC' ...... "",. S 01·21' 12" W, 1255.03 I,. " ~~o!~------.:: :.:-::~::~=-.---":": -~:..J I -;.J.--~A~. : . It-, I Ill' , I w' , ~: I~ I III , .... ,~ , I , N' "=, ~, "', , , "" . , g, ;;'~ ;,IW,J ... , .... ~ ~r ~ ~:b Ir, ... ~, - Ill' -' ... iD ... z BLOCK 1 LOT 1 ~ ~ ;it j .. , -"-'-.00-•.. --··~ .. oo OUTLOT A ,. .... .ca: l.!o(~"· (t.(" a:.~ 01 a..'lO' • mig: f~ ." f :.,." .. ~II E, ~~-+ .foIItQ ....... srD 0. A$SMD DA'UIl ~ """"'Ul til_co .. • COlI." :! ... tI. we 12 ••• ' .. al .......... J Ji1~ .,. .. , --1- y--, . ,; ~ OUTLOT B '18; 1 __ 1 lOcO , r.~ ;.,!! ~~;:IN .0 0 0> ~ Co ,.., -,.., ~ CD _--liZ ,-, .,.+ '" ... f .' •• .,., ,." f" .' _ ". I .. ~'-'( \ __ ' ..... _ -J '. 'X , • ••• ..' ; f~.. . "'L 'J-'''' ••• ". f .... ' :~ m ... ,..". ;,:;;",.~ I __ ~_, I ,. N 00·06' 43" W 1306.38 C.R. DOC. NO. _AU._OV1Hl!Sll __ OM_ ..... _~ ...... ., ............... ,..,..., ........ c....,fII ............... ...... .... n.. ... ., ......... o-w., ........... o-w", ..... 12.T ...... .. .... D ...... ., ... a.. ..... ., ........... o.an...", ............ o-w. .... --.. _ .... ...,.,.. ............ OOLDI!N TRIAHOLIIUSINI!SS CF.:HrEIt .. .. ....., ....................... JIIIMic ................... _ .. ...... ...., .................... .... .. __ .......... CSMa.-.. ........... ~ ............ ,.... ... ...... ., ............. __ ..... '" .9_- OM_~ :!,'--:!'"---- ITA1I!C1'IIDOIEIO'I'A aJIJHTT DF ___ _ .... ....... ---.................. ~., ,.. ., 1M .. .., ... .,CSM ..................... ~_ ..... ., ... --......-..,--ea-. to • I ......,..., drill I ..................... ...,.,., tIauiIMI ......... 00l.DI!II 'I'1UANCl.I! BUSINI!SS CI!N1'E~ .......... II • .-eel ,.,........... til .... .....,. .... .. ....... ......, .............. ICIII .......... c1 .......... __ ...... .... CUI'f""' ......................... ,.......~ ... kIGII...--..... ........... .... ........ ........, ...... ......., ............ .... Waller J. c..pw" l.-I s.nc,ar Mi-... ...... No.I_ STATI c:w MDINESO'I'A COUNTYDFHENNUIH ,...~....,.....c." __ -........ .......... __ ..... ___ _ .,~., w" J, Gnp,. ...... s..,.r. ---,,-.-... ~-------- EDENI'ItAIaIe........aorA 11IiI. .... "00LDEN1"RIANGUi M.ISINESSCEH1'ER _.,....... ......... .., .... a.,c....a. ~~, Prairie.;. ~.~-=..::.-......... re!:.......--:: .=0.-.;,.=::;:-::;: .. =.=-.-:: .. T,.....,....UId ... c....,.~&p.ccr"-__ recciwcd..,dllcC..,. ... _~JCt .... puiod ..................... ., ... __ ... ,.c_ , ........... ..,~ ....... SeaiM .... s.w. 1. OTY COUrICIl. 01 ED!H PRAIRIE. MINNESOTA ., - TAX PAYD. _VICES DIVISION -"-.-., -. ....,...., .. _,.,.... .. ,,_ ........ ,... ........................... .... ......... _-..,.. "--.....IlC>'Co-.._"-_ ., -SUllVEYIEIIOH._"-. _ .................. s.-.lIJIU6S(".", .............. ."..,.. .. --*'" ______ It_ ...."."""""-"--.,,------a>UNIY __ c.-,._ 11IndIr...,'" Ilk ...... ,..., GOlDEN TRINfOU! IIIUSINBS CEH1'1tIIl_ ........ ........ -..,., " _____ '''''-M. •. 0.. .... "-_ ., - ~MERILA .. &ASSOCIATES H ... • ........ :/t ... " ........... l DATE: 08/01195 EDEN PRAffiIE CITY COUNCIL AGENDA ITEM NO: I J/. J SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Supplemental Agreement No. 3 for Dell Road Rodney W. Rue (TH5 to Twilight Trail) Recommended Action: Motion to approve Supplemental Agreement No. 3 for Dell Road (TH5 to Twilight Trail). Overview: This supplemental agreement involves the payment for special backfill required for the railroad bridge abutments for which an appropriate bid item was not included in the proposed form. Financial Issues: This supplemental agreement results in an increase of$3,575 to the construction contract. We recommend approval of Supplemental Agreement No.3 in the amount of $3,575 to Lunda Construction Company. 1/1. J.t J 1 Nro~:02134-03 (5/88) rATE OF'MINNcSOTA DEPARTMENT OF TRANSPORTATION 52-126 Supp. 10 Contracl No. ____ _ SUPPLEMENTAL AGREEMENT No. _3_ Sheel __ 1_ of _2_ AIIlrader: Federal ProjeCI: Slale Project No.: Lunda Construction Company SAP 181-108 .• 03 a+ '-deIress: Location: PO Box 669 Dell Road -TH 5 to Twilight Trail Eden Prairie, Minnesota Black River Falls, WI 54615 Accounl 1.0. DeptJOIv. C.CO.1 c.co.s TYPE OF MO ( A41 ( Dated ____ Number ___ _ Entered by ________ _ TRANSACTION: A44 ( ) M5 ( ) M6 ( ) Dated ___ _ Number _ ___ Entered by _______ _ his contract is amended as follows: '. WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: This contract provides for, among other things, the construction of a railroad bridge; and The bridge construction includes the fabrication of two concrete abutments; and The concrete abutments must be backfilled according to the plans and specifications; and The specification references a Pay Item 0401.602 -Special Backfill; and This Pay Item was not included in the plans or bid documents. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The Contractor shall backfill the abutments according to Minnesota Department of Transportation Specification 2451. 2. The backfill material shall comply with Minnesota Department of Transportation Spec. 3149.2B, Select Granular Borrow, modified so that no more than 10% passes the NO. 200 sieve. APPROVED: APPROVED: Original Contract Commissioner of Commisisoner of Administration Finance By By Dated Dated Jriginal to State Auditor -Copy to Agency I--______ ~ Dated IO-10-'1J...~.::::::.c~~c:.::.....:::L..~~::::: Approved as to form -and execution Assistant Anorney General IV.J, t Dated /!)-ZtJ-'lJ--=A~~ILb..~~t::::==-- · :02134-03 (5188) /~F MINNE~OTA DEPARTMENT OF TRANSPORTATION 52-126 Supp. to Contract No. ____ _ SUPPLEMENTAL AGREEMENT No. _3_ Sheel~Of-L ~1nIc:lor: Federal Project State Projec:t No.: . Lunda Construction Company SAP 181-108~O~ ~ea: Location: PO Box 669 Dell Road -TH 5 to Twilight Trail Black River Falls, WI 54615 Eden Prairie, Minnesota j ~o. No'1 F.Y. I Account 1.0. OeptJOiv. I Sequence No. I su: I Ob~ I Vendor I T~ I~ ;Jrchase Tenns I Asset No. C.CO.1 I C.CO.2 J C.CO.3 I C.CO.4 I c..CO.S DOONEr TYPE OF MO ( ) A41 ( ) Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) M6 ( ) Dated Number Entered by is contract is amended as follows: 3. The portion of the backfill which is outside a~:l slope up from the top of the footing shall be granular material, Minnesota Department of Transportation Specification 3149.2A, which shall be placed and compacted according to Minnesota Department of Transportation Specification 2105. INCREASE ITEM NO. 0401.602 2105.521 APPROVED: Commissioner of Administration By _____ _ Dated ____ _ ESTIMATE OF COST ITEM Special Backfill (CV) Granular Borrow (CV) UNIT CY CY ApPROVED: Original Contract QUANTITY 50 (P) 400 PRICE $27.50 $ 5.50 TOTAL INCREASE = AMOUNT $1,375.00 $2,200.00 $3,575.00 Commisisoner of Finance I--_______ ~ Dated If) no-'rl.. "L.;:::":::::~f-=--;....L..::::""--=-~ 8y _____ _ Dated"-___ _ Approved as to form and execution As$istant AttDmfl'/ General Dated __ _ Apency Head iginal to State Auditor -Copy to Agency jv.J. :3 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar DEP~TMENT: Engineering Divisi Eugene A. Dietz ITEM DESCRIPTION: Sale of R.A.L.F. Parcel for TH 212 Outlot B, Red Rock Shores Addition ~==========~~~======== Requested Action: DATE: 08/01195 ITEM NO: I V' It, Authorize sale of Outlot B, Red Rock Shores Addition to MnDOT for TH 212 construction and authorize Mayor and City Manager to execute "Offer to Sell and Memorandum of Conditions" and Quit Claim Deed. Background: Over the past seven years, the City of Eden Prairie has acquired several properties through the Right-of-Way Acquisition Loan Fund (R.A.L.F.) as administered by the Metropolitan Council. The purpose of this fund has been to acquire hardship parcels and those parcels that were . proposed for development. This particular property was purchased from William Gilk and represents the last of the parcels acquired through the R.A.L.F. process. Financial Implications: The purchase price of this parcel was $134,746.37 and represents the exact amount of out-of- pocket expenses that the City incurred for the acquisition. Upon receipt of the funds, we will reimburse this amount to the Metropolitan Council to satisfy the outstanding loan. III, /~.I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. SALE OF LAND TO MN/DOT FOR TH212 (OUTLOT B, RED ROCK SHORES ADDmON) WHEREAS, the City of Eden Prairie cooperated in the official mapping process to designate the final corridor for Trunk Highway 212 through Eden Prairie; . . WHEREAS, the official mapping process enables cities to acquire land in the corridor to protect it from development with use of State funds administered through the Metropolitan Council (Right-of-Way Acquisition Loan Fund); WHEREAS, the City of Eden Prairie purchased Outlot B, Red Rock Shores Addition, generally located at the southeast corner of CSAH 4 and Red Oak Drive with said Right-of-Way Acquisition Loan Fund proceeds; and WHEREAS, the State of Minnesota now desires to purchase this property from the City of Eden Prairie for an amount of $134,746.37, which represents the expenditure that the City made to acquire said property. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Mayor and City Clerk are authorized to execute an "Offer to Sell and Memorandum of Conditions" and a Quit Claim Deed to convey to the State of Minnesota Outlot B, Red Rock Shores Addition, which is Parcel 4, County of Hennepin for S.P. 2762 (212=260) 902. ADOPTED by the Eden Prairie City Council on August 1, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk III, It::., z, PROCLAMATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA WELCOME WAGON® WEEK IN EDEN PRAIRIE AUGUST 7, 1995 WHEREAS, since the beginning of their program in 1928, WELCOME W AGON® Representatives have rendered valuable service to communities throughout the United States; and WHEREAS, they have brought friendly greetings and neighborly assistance to many families and individuals in our community and, in so doing, have encouraged community activity and pride; and WHEREAS, WELCOME W AGON~ Representatives continue to contribute significantly to the growth of our local business community, and to our many civic and community organizations; and WHEREAS, WELCOME WAGON(I extends its service of hospitality to new U.S. citizens, engaged women, growing families, college students and movers --promoting good will and helpfulness to all our residents, both those of long-standing and those new to our community; and WHEREAS, this meaningful and constructive service warrants the wholehearted cooperation of all citizens in support of WELCOME W AGON® in our community, NOW, THEREFORE, I, Jean L. Harris, as Mayor and on behalf of the Eden Prairie City Council, do hereby proclaim the week of August 7, 1995 as ·WELCOME WAGON ® WEEK in Eden Prairie, and congratulate the members of this fine organization for the outstanding service they render toward building civic responsibility and spirit. PROCLAIMED THIS 1ST DAY OF AUGUST, 1995. Jean L. Harris, Mayor SEAL EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-1-95 SECTION: PUBLIC HEARINGS ITEM NO. v. A. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger FUDDRUCKERS, INC. & RIO BRAVO CANTINA Don Uram Requested Council Action: The Staff recommends that the Council take the following action: • 1 st Reading of an Ordinance for PUD District Review and Zoning District Change from Rural to C- Reg-Ser on 4.02 acres; • Adopt a Resolution for Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres; • Adopt a Resolution for PUD Concept Review on 4.02 acres; • Adopt a Resolution for Preliminary Plat on 9.1 acres into 19 lots. Background: This site is part of the original Lake Idlewild PUD reviewed and approved in 1979. The PUD depicted two office buildings on this site containing 29,200 square feet and 27,200 square feet with parking for 280 cars. Building and parking areas were within 30 feet of Lake Idlewild. The Lake Idlewild PUD was approved before the City adopting the Shore land Ordinance in 1982. The current proposal as a Fuddrucker's and a Rio Bravo Cantina are restaurant uses that the City has targeted for development in the Marketcenter area. The placement of the buildings on the site (next to lake Idlewild with outdoor dining) and the overall site plan uses the lake to its fullest advantage. Since the approval of the original PUD in 1979, development along Lake Idlewild has become more difficult due to new regulations. Both state and local regulations govern the type, size, placement of development next to wetlands. Because of these regulations, sites that were once buildable are no longer buildable without variances. In these situations, flexibility is necessary to allow for reasonable development. As with all projects along Lake Idlewild, the strict enforcement of the ordinances would prohibit development on this site. Previously, variances have been granted to allow for "reasonable" development. Staffhas worked with the proponent and the DNR to develop a site plan that allows for "reasonable" development while trying to reduce the impacts on Lake Idlewild. Stafffeeis that the variances requested are reasonable (in fact, better than the approved PUD) and supports them. v: A. -I The Planning Commission continued this project at their July 10 to allow the staff and the proponent time to meet with the DNR and make plan revisions per the July 7 Staff Report. A meeting was held on-site with the DNR on July 12. All DNR issues were clarified and the plans revised accordingly. Representatives from the DNR also understood the need for variances to allow this site to develop. All of the changes recommended in the Staff Report were made except for a reduction in the NURP pond size. This change was not made because a preliminary analysis indicated that the decrease in the level of pretreatment was greater than the benefit received from a reduction in the amount of grading. The Planning Commission recommended approval of the project at their July 24 meeting. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Comprehensive Guide Plan Change 3. Resolution for PUD Concept Review 4. Resolution for Preliminary Plat 5. Staff Reports dated July 21, 1995 and July 7, 1995 6. Planning Commission Approved Minutes of July 10, 1995 7. Correspondence V.A.-2, FUDDRUCKERS, INC. & RIO BRAVO CANTINA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING mE PLANNED UNIT DEVEWPMENT CONCEPT OF FUDDRUCKERS, INC. & RIO BRAVO CANTINA FOR FUDDRUCKERS, INC. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Fuddruckers, Inc. & Rio Bravo Cantina PUD Concept by Fuddruckers, Inc. and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on August 1, 1995; NOW, mEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Fuddruckers, Inc. & Rio Bravo Cantina, 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 July 27, 1995. 3. That the PUD Concept meets the recommendations of the Planning Commission dated July 24, 1995. ADOPTED by the City Council of the City of Eden Prairie this 1st day of August, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk \/'A.-3 07/26/1995 13:51 6124753159 lEGAL DESCRIP]]QN Exhibit A LANDFORM ENGmEERING PAGE 02 That part of the Nonhwest Quarter of the Northeast Quarter. Section 14, Township 116, Range 22, described as follows; Commencing at the Northwest comer of the Northeast Quarter of said Section 14; thence on an '-assumed bearing of South 01 degree 00 minutes 24 seconds West along the West line of said Northeast Quarter a distance of 135.23 feet to the actual point of beginning; thence South 89 degrees 13 minutes 49 seconds East a distance of 294.90 feet~ thence Easterly along a tangential curve to the right, having a radius of641.20 feet and a central angle of21 degrees 49 minutes 12 seconds a distance of244.19 feet; thence South 64 degrees 03 minutes 49 seconds East, along a line not tangent to said curve, to the South line of the North 193.50 feet of said Northwest Quarter of the Northeast Quarter~ thence Westerly along said South line to the West line of said Northeast Quarter; thence North 01 degree 00 minutes 24 seconds East along said West line to the point of beginning, included within the following described parcel of real estate: That part of the Northwest Quarter of the Northeast Quarter of Sec don 14, Township 116, Range 22, HeMepin County, Minnesota, lying Southerly of Line "A" and its Westerly extension, Westerly of Line "B" and its Southerly extension, and Northerly orLine "e" and its Easterly extension. Lines "A", "B" and "C" are described as follows: Line "A": Commencing at the Northwest comer of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West, be!ring assumed, along the West line of said Northwest Quarter ofthe Northeast Quarter, a distance of 135.23 feet to point of beginning orLine "A" to be describe.d; thence South 89 degrees 13 minutes 49 seconds East, a distance ofl26.00 feet and there terminating. Line "Bit: Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest Quarter of the Northeast Quarter a distance of 13S.23 feet; thence South 89 degrees 13 minutes 49 seconds East, a distance of 126.00 feet to the point of beginning of Line "B" to be described~ thence South 01 degree 00 minutes 24 seconds West, parallel with said West line, a distance of 14S.00 feet and there terminating. Line "C II ; Commencing at the Northwest comer of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest Quarter of the Northeast Quarter, a distance of319.23 feet to the point of beginning of Line IIC" to be described; thence North 69 degrees 18 minutes 01 seconds East, a distance of 106.55 feet; thence South 89 degrees 13 minutes 49 seconds East, a distance of21.00 feet and there terminating. V. A \ -l\ 07/26/1995 13:51 6124753159 LANDFORM ENGINEERING PAGE 03 That part of the Northwest Quarter of the Northeast Quarter, Section 14, Township 116, Range 22, described as follows: Commencing at the Northwest comer of the Northeast Quarter of said Section 14; thence on an assumed bearing of South 01 degree 00 minutes 24 seconds West along the West line of said Northeast Quarter a distance of 135.23 feet to the actual point of beginning; thence South 89 degrees 13 minutes 49 seconds East a "-' distance of294.90 feet~ thence Easterly along a tangential curve to the right, having a radius of641.20 feet and a central angle of21 degrees 49 minutes 12 seconds a distance of244.19 feet; thence South 64 degrees 03 minutes 49 seconds East, along a line not tangent to said curve, to the South line of the North 193.50 feet of said Northwest Quarter of the Northeast Quarter; thence Westerly along said South line to the West line of said Northeast Quarter; thence North 01 degree 00 minutes 24 seconds East along said West line to the point of beginning, except that part of Parcel 1 included within the tollowing described parcel of real estate: ,-. That part of the Northwest Quarter of the Northeast Quarter of Section 14, Township 116, Range 22, HeMepin County, MiMesota, lying Southerly of Line "A" and its Westerly extension, Westerly of Line "B" and its Southerly extension, and Northerly of Line "c" and its Easterly extension. Lines" A", "B" and tIC" are described as follows: Line "A": Commencing at the Northwest comer of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West, bearing assumed. along the West line of said Northwest Quarter of the Northeast Quarter, a distance of 135.23 feet to point of beginning of Line "A" to be de8Cribed~ thence South 89 degrees 13 minutes 49 seconds East, a distance of 126.00 feet and there terminating.4 Line "B": Commencing at the Northwest comer of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West, bearing assumed. along the West line of said Northwest Quarter of the Northeast Quarter a distance of 135.23 feet; thence South 89 degrees 13 minutes 49 seconds East, a distance of 126.00 feet to the point of beginning of Line "B" to be described; thence South 01 degree 00 minutes 24 seconds West, parallel with said West line, a distance of ]45.00 feet and there tenninating. Line "e": Commencing at the Northwest comer of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest Quarter of the Northeast Quarter, a distance of319.23 feet to the point ofbegiMing of Line tIC" to be described; thence North 69 degrees 18 minutes 01 seconds East, a distance of 1 06.55 feet~ thence South 89 degrees 13 minutes 49 seconds East, a distance of27.00 feet and there tenninating. \l.A.-=> -- 07/25/1995 13:51 5124753159 LANDFORM ENGINEERING PAGE 04 That part of the South 370 feet of the North 563.5 feet of that part of the West Half of the Nonheast Quarter of Section 14, Township 116 North, Range 22 West of the 5th Principal Meridian, County of HeMe pin. lying Westerly of the centerline oru.s. Highway No. 169 (formerly State Highway No.5), lying Westerly of Line "A It and its Southerly extension and Nonherly orLine lOB'! and its Easterly extension; Lines It A" and "B" are described as follows: Line "A": Commencing at the Northwest comer of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest Quarter of the Northeast Quarter a distance of 135.23 feet; thence South 89 degrees 13 minutes 49 seconds East, a distance of 126.00 feet to the point of beginning of Line "A" to be described; thence South 01 degree 00 minutes 24 seconds West parallel with said West line, 8 distance of 145.00 feet and there terminating. Line "B": Commencing at the Northwest comer of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest Quarter of the Northeast Quarter a distance of319.23 feet to the point of beginning of Line "B" to be described; thence North 69 degrees 18 minutes 01 second East a distance of 106.55 feet; thence South 89 degrees 13 minutes 49 seconds East a distance of 27.00 feet and there tenninating. '. The South 370 feet of the North 563.5 feet of the part of the West Half ofthe Northeast Quarter of Section 14, Township 116 North, Range 22 West of the 5th Principal Meridian lying Westerly of the centerline oru.s. Highway No. 169 (formerly State Highway No.5) except that part thereof embraced within the plat of ANDERSON IDLEWll.D ADDITION and except that part t~ereoflying Westerly of Line "A" and its Southerly extension and Northerly orLine "B" and its Easterly extension; Lines "A" and liB" are described as follows: Line "A"; Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West, bearing assumed, along the West line of said Northwest Quarter of the Northeast Quarter, a distance of 135.23 feet; thence South 89 degrees 13 minutes 49 seconds East, a distance of 126,00 feet to the point of beginning of Line "A" to be described; thence South 01 degree 00 minutes 24 seconds West parallel with said West line a distance of 1 145.00 feet and there terminating. Line liB": Commencing at the Northwest comer of said Northwest Quarter of the Northeast Quarter; thence South 01 degree 00 minutes 24 seconds West. bearing assumed, along the West line of said Northwest Quarter of the Northeast Quarter a distance of319.23 feet to the point of beginning orLine "B" to be described; thence North 69 degrees 18 minutes 01 seconds East a distance of 106.55 feet; thence South 89 degrees 13 minutes 49 seconds East a distance of27.oo feet and there tenninating. That part of the Northwest Quarter of the Northeast Quarter of Section 14, Township 116, Range 22 lying East of the Easterly line of Registered Land Survey No. 895, South of the Easterly extension of the North line of said Survey, west of the Westerly line of ANDERSON IDLEWILD ADDITION and North of the Following described line: Commencing at the Northeast Comer of Registered Land Survey No. 89S; thence on an assumed bearing of South 05 degrees 09 minutes 26 seconds East along the East of said Survey a distance of 298.00 feet to the -point of beginning ofthe line to be described; thence North 69 degrees 08 minutes 35 seconds East a distance of 126.49 feet to the Wester]y line of ANDERSON IDLEWll..O ADDITION and said line there terminating. v.A.-~ FUDDRUCKERS, INC. & RIO BRAVO CANTINA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Fuddruckers, Inc. and Rio Bravo Cantina by Fuddruckers, Inc., for construction of a 4,900 square foot Fuddruckers and a 7,000 square foot Rio Bravo Cantina on approximately 4.02 acres, requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 4.02 acres from Office to Regional Commrecial all located at U.S. Highway #169 and Technology Drive. ADOPTED by the City Council of the City of Eden Prairie this 1st day of August, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk V.A.-7 FUDDRUCKERS, INC. & RIO BRAVO CANTINA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING mE PRELIMINARY PLAT OF FUDDRUCKERS, INC. & RIO BRAVO CANTINA FOR FUDDRUCKERS, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Fuddruckers, Inc. & Rio Bravo Cantina for Fuddruckers, Inc. dated July 27, 1995, consisting of 8.53 acres, a copy of which is on fIle at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of August, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 'c: ( P \Q,.''''''~'') Co_Mo', S~ '.0 t"'oo. Jc.a.\j \0, ,qq5* C. FUDDRUCKER'S. INC. & RIQ BRAVO CANTINA by Fuddrucker's Inc. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres, PUD Concept Review on 4.02 acres, PUD District Review on 4.02 acres, Zoning District Change from Rural to C-Reg-Ser on 4.02 acres, Site Plan Review on 4.02 acres and Preliminary Plat of 8.53 acres into 2 lots, one outlot and road right-of-way. Location: U.S. Highway #169 and Technology Drive. Uram stated that the DNR sent a letter regarding their reaction to the project. However, it was received too late to address their concerns. There is a meeting scheduled on Wednesday, July 12, 1995, at 10:00 A.M. and Uram expects to be able to resolve all issues at that time. Uram asked Steve Johnston to make a brief presentation on the project. Steve discussed the building positions, grading, and parking. Clinton asked how the proposed Fuddruckers would compare in size to the Bloomington store and the one on Wayzata Blvd. Craig Oberlander stated that the proposed store would be approximately 4900 square feet, or half the size of the Bloomington store. It will have basically the same format as the other stores. It will be a family atmosphere with a beer and wine license. Ismail asked if the Cantina would serve different food than Fuddruckers. Oberlander replied that Rio Bravo Cantina serves Mexican food. He also stated that there is no flrm commitment as yet for Rio Bravo Cantina to be on the site with Fuddruckers. Wissner asked if the housing on the other side would eventually be commercial. Uram stated that it will develop at some point in the future. Foote asked if the entrance from Technology Drive will be done in the first phase of the development. Also, are there any plans in the near future to improve Technology Drive? Uram stated that there are no plans to do anything with Technology Drive right now. Ultimately it will be widened and improved, but there is no timing for that right now. The Staff asked for detailed plans as to how the site could develop if Rio Bravo came in. The developer provided those plans. However, if a different business comes in at a later date, it will go back through the Planning Commission. Uram pointed out that the current proposal is better than the formally approved PUD in all respects. The Staff report contains some issues that they feel can be resolved. These include: 1. Reducing the size of the NURP pond. 2. Relocating the proposed City trail. 3. Increasing the slopes form 3 to 1 to 2/2.5 to 1. 4. Decreasing the parking setback from 17.5 feet to 10 feet. This project is on a severely tight time line. Development of this site is dependent upon getting 'cheap' flU to raise the elevation for building and parking areas. The proponent has a source that is also under a strict time line who will bring the flll to the site. If this project is delayed, this flll material will not be available. Because of this, the proponent has asked that the project not be delayed. Staff suggests that the Commission consider continuing this for two weeks, but publish early for the August 1 Council meeting. MOTION; Wissner moved, Foote seconded, to continue the public hearing to the July 24, 1995 Planning Commission Meeting, with directions to the Staff to publish for the August 1, 1995 City Council Meeting. Motion carried 5-0-0. V.A.-q ( STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: ( Planning Commission Donald R. Uram, Economic Development Manager July 21, 1995 Fuddrucker's and Rio Bravo Cantina Fuddrucker's, Inc. Paul Anderson Technology Drive and U.S. 169 1. Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres. 2. pun Concept Review on 4.02 acres. 3. PUD District Review with waivers on 4.02 acres. 4. Preliminary plat of 8.53 acres into two lots, one outlot and road right-of-way. 5. Zoning District Change from Rural to Commercial Regional Service on 4.02 acres. 6. Site Plan Review on 4.02 acres. v.A. -10 79 TH ST. ROAD .. ~~,l,·r.i\ .. '.' . ..-.-.:-~: ~::. :.-:.:. i ": V, A. - , l ... '··".I'"!"'::'·~ ! ..... !:., ~ : ..... ( c BACKGROUND This is a continued item from the July 10 Planning Commission meeting. The project was continued . to allow the proponent and Staff time to meet with the DNR and make plan revisions per the July 7 Staff Report. - PLAN REVISIONS The following is a summary of the recommended plan revisions and the proponents response: 1. Modify the grading plan to minimize the amount of land alteration next to Lake Idlewild to save the existing vegetation. This may require the use of additional retaining walls and/or 2 to 1 slopes. The grading plan has been revised to reflect the new site plan. Revisions to the site plan has allowed the grading to be "pulled back" from the lakeshore to a width of between 20 and 40 feet. This area will not be disturbed except for some selective tree removal. 2. Analyze the feasibility of reducing the pond size. Any size reduction would have to balanced against the level of pretreatment. Clarify the DNR's position on NURP pond depth and revise accordingly. The proponent and Staff met with the DNR on-site and have clarified all issues related to their letter of July 5. The DNR concurs with Staff's recommendations on plan revisions and understands the need for variances. A preliminary analysis has been done to detennine the impact on the pretreatment of stonn water by reducing the size of the pond. This analysis has shown that the drop in the level of pretreatment exceeds the benefit received with the decrease in the amount of grading. Because of this, Staff recommends that the NURP pond remain as currently designed. 3. Relocate the trail along Lake Idlewild next to the base of the retaining wall per the attached drawing. The trail has been relocated next to the base of the retaining wall. This has helped to reduce the amount of grading next to Lake Idlewild and has saved some of the trees. This trail will become City owned and will require an easement from the property owner. In addition to a trail easement, a conservation easement shall also be placed over this area to protect the shore land. The NURP pond will remain under private ownership. 2 V.A.-I~ ( ( 4. Analyze the feasibility of reducing the parking setback to 10 feet. Plans have been revised to reduce the front yard parking setback to 10 feet along both street frontages. This change allows for Fuddrucker's to move from a shoreland setback of65 feet to 70 feet. It also eliminates one of the two areas of encroachment where the parking areas do not meet the minimum setback of 50 feet from the OHWM. The area next to Fuddrucker's where the parking was approximately 45 feet from the OHWM is now approximately 55 feet and no longer requires a variance. The area next to Rio Bravo Cantina where the parking lot driveway was 30 feet from the OHWM has been changed to approximately 37 feet. This change has helped to reduce the amount of land alteration and tree loss next to Lake Idlewild. 5. Modify the landscaping plan to provide additional screening between Lake Idlewild and the proposed building and parking areas. This landscaping should consist of lowland vegetation common to the area. By reducing the amount of grading next to Lake Idlewild, relocating the trail and maintaining the natural vegetation, additional landscaping doesn't seem necessary. Minor revisions to the landscape plan are still necessary including the relocation of all landscaping out of the right-of-way and increasing the height of evergreens from 4 to 6 feet. An irrigation system is necessary to help ensure that the landscaping survives. 6. Other Plan Revisions. Access to this site will be from Technology Drive at an existing shared access with American Baptist Homes and a new access farther to the east. The previous plans also indicated the continuation of existing parking lot and driveway that currently serves the Dairy Queen. Although making the connections between these parking lots would provide all of the buildings with improved access and circulation, the owner of the Dairy Queen building is not in favor of connecting (see attached letter). Plans have been revised to eliminate this connection. The proponent has indicated that they will continue to try to reach an agreement to connect. With the elimination of the driveway connection, Phase I construction (Fuddrucker's) will have only one access. STAFF RECOMMENDATION Recommend approval of the request for Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres, PUD Concept Review on 4.02 acres, PUD District Review with waivers on 4.02 acres, Zoning District Change from Rural to Commercial Regional Service on 4.02 acres, Preliminary plat of 8.53 acres into two lots, one outlot and road right-of-way and Site Plan Review on 4.02 acres based on revised plans dated July 20, 1995, subject to the recommendations of the Staff Report dated July 21, 1995, and subject to the following conditions: 3 \/.A.-J3 ( ( 1. Prior to City Council review, proponent shall: A. Modify the landscaping plan to remove all landscaping from the right-of-way and show all plantings within the 10 foot setback. The minimum height for evergreens should be raised from 4 feet to 6 feet per City code. Convert the size of the Basswood trees from height to caliper inch. The minimum size allowed is 2.5". An irrigation system is necessary to help ensure that the landscaping survives. B. Submit a comprehensive sign package (both building and monument) for the project detailing sizes, colors and letter styles. Lower the wall sign on Fuddrucker's below the roof line. C. Provide samples and colors of exterior materials, awnings and mechanical equipment screening for review. 2. Prior to final plat approval, proponent shall: A. Submit detailed storm water runoff, erosion control and utility plans for review and approval by the City Engineer. B. Submit detailed storm water runoff and erosion control plans for review and approval by the Watershed District. 3. Prior to grading permit issuance, proponent shall: A. Provide the City with a detailed soils report, assessing the existing soils for stability and developing an implementation plan for construction and restoration of the slopes. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Stake the grading limits with an erosion control fence. D. Submit retaining wall details for all retaining wall with specific design consideration given to the walls around the outdoor dining areas. 4. Concurrent with building permit issuance, proponent shall pay the appropriate cash park fee. 5. Any significant changes to the Rio Bravo Cantina site plan will be required to go through the Site Plan Review process. 4 v.A.-I'-f , ' , (, ( 6. Apply for and receive variances from the Board of Appeals and Adjustments for the following: A. Minimum Lot Size -10 acres. Proposed lots are 1.63 acres and 2.44 acres. B. Minimum Setback from Ordinary High Water Mark -200 feet. Proposed setbacks are 50 feet and 70 feet. C. Minimum Setback to Parking -50 feet. Proposed setback is approximately 37 feet. D. Impervious Surface -Maximum 30% of Total Lot Area. Proposed impervious surface is 55% and 60%. 7. Prior to release of the Final Plat, proponent shall submit standard conservation easement documents for that portion of the site starting at the base of the retaining walls to Lake Idlewild. 5 V. A, -15"" C." STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Donald R. Uram, Economic Development Manager July 7, 1995 Fuddrucker's and Rio Bravo Cantina Fuddrucker's, Inc. Paul Anderson Technology Drive and U.S. 169 1. Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres. 2. PUD Concept Review on 4.02 acres. 3. PUD District Review with waivers on 4.02 acres. 4. Preliminary plat of 8.53 acres into two lots, one outlot and road right-of-way. 5. Zoning District Change from Rural to Commercial Regional Service on 4.02 acres. 6. Site Plan Review on 4.02 acres. 1 V.A. -l~ ( ( EXECUTIVE SUMMARY Since the approval of the original PUD in 1979, development along Lake Idlewild has become more difficult due to new regulations. Both state and local regulations govern the type, size, placement of development next to wetlands. Because of these regulations, many sites that were once developable are no longer developable without variances from these regulations. In these situations, flexibility is necessary to allow for reasonable development. As with all projects along Lake Idlewild, the strict enforcement of the ordinances would prohibit development on this site. Previously, variances have been granted to allow for "reasonable" development. Staffhas worked with the proponent to develop a site plan that allows for "reasonable" development while trying to reduce the impacts on Lake Idlewild. Although the plan has been developed using the Staffs preliminary suggestions, further changes may be necessary: In summary, these include: 1. Reducing the size of the NURP pond. 2. Relocating the proposed City trail. 3. Increasing the slopes from 3 to 1 to 2/2.5 to 1. 4. Decreasing the parking setback from 17.5 feet to 10 feet. The report addresses these suggestions in detail. BACKGROUND This site is part of the original Lake Idlewild PUD that was reviewed and approved in 1979. The PUD depicted two office buildings on this site. These buildings contained 29,200 square feet and 27,200 square feet with parking for 280 cars (see Attached). Building and parking areas were located within 30 feet of Lake Idlewild as specified in the PUD documents. The Lake Idlewild PUD was approved before the City adopting the Shore land Ordinance in 1982. The current proposal as a Fuddrucker's and a Rio Bravo Cantina are restaurant uses that have been targeted by the City for development in the Marketcenter area. The placement of the buildings on the site (next to lake Idlewild with outdoor dining) and the overall site plan uses the lake to its fullest advantage. Fuddrucker's is expected to be constructed this year while Rio Bravo Cantina is shown in "concept" only as part of the PUD. The purpose of this was to show how the entire site could be developed. GUIDE PLAN The property is guided for Office land uses and currently zoned Rural. The adjacent parcel to the west is also guided Office and developed as the American Baptist Homes. The Eden Prairie Convenience Center (Dairy Queen), guided Regional Commercial and zoned C-Reg-Ser is located to the south. The Guide Plan was changed from Office to Regional Commercial in 1986 to allow for this development. 2 V.A..-I? ( ( Fuddrucker's is requesting a Guide Plan change from Office to Regional Commercial to allow for the construction of a 4,900 square foot Fuddrucker's. A 7,000 square foot Rio Bravo Cantina is also shown on the plan. The proposed restaurant uses are appropriate for the Regional Commercial Guide Plan Designation and the C-Reg-Ser zoning district. Reasons for changing the Guide Plan include: 1. Regional Commercial is appropriate in the Marketcenter area. 2. Consistency with the existing Regional Commercial designation to the south. 3. Reduction in building square footage from 56,400 to 11,900. 4. Better transition to Lake Idlewild. 5. Pretreatment of storm water PRELIMINARY PLAT/SITE PLAN 1. The preliminary plat depicts the subdivision of an 8.53 acre tract ofland into two lots, one outlot and road right-of-way. Lot 1 is the proposed location of Fuddrucker's while Lot 2 is the future location of a restaurant such as Rio Bravo Cantina. Outlot A, containing 2.84 is part of Lake Idlewild and will be dedicated to the City. The remaining 1.62 acres will be dedicated as road right-of-way. Both lots meet the minimum requirements of the C-Reg-Ser zoning district. Although the City is rezoning the entire property, the timing of construction for the second restaurant has not been determined. If the plans change significantly prior to construction, the end-user will be required to go through the Site Plan review process that requires hearings before the Planning Commission and City Council. 2. Fuddrucker's is proposing a 4,900 square foot restaurant on a 1.63 acre site at a Base Area Ratio (B.A.R.) of 6.9%. City Code allows a maximum B.A.R. of 20%. Fuddrucker's will have 164 indoor seats and 28 outdoor seats. The amount of parking required based on 1 space per 3 seats is 64 spaces. The site plan indicates 78 parking spaces. Rio Bravo Cantina is proposed to be a 7,000 square foot restaurant on a 2.44 acre site at a B.A.R. of 6.58%. Rio Bravo Cantina has 260 indoor seats and 38 outdoor seats. A total of 100 parking spaces are required. The site plan indicates 138 parking spaces. Overall, a total of 216 parking spaces are provided equaling a parking ratio of one space per every 2.27 seats. Cross parking agreements will be developed for each lot to handle overflow parking. 3 -----------------------~--- ( ( 3. To construct the number of parking spaces needed and reduce the impact on Lake Idlewild, the developer is requesting a waiver to allow for a 17.5 foot setback to Technology Drive and u.s. 169. City Code requires a 35 foot setback. Staff supports this waiver for the following reasons: 1. Substantial right-of-way for Technology Drive and U.S. 169 provides for a perceived setback from the street to the parking lots of 80 feet and 110 feet respectively. Because of the large right-of-way, reducing the parking setback to 10 feet may be reasonable. This will help to reduce grading next Lake Idlewild. 2. Requiring a 35 foot setback to parking would reduce the building setback to Lake Idlewild by 17.5 feet to a minimum of 32.5 feet. 3. In the C-Reg-Ser zoning district, City code allows parking within 17.5 feet on one frontage if the lot is bordered by two streets. This lot is bordered by Technology Drive and U.S. 169 and is allowed to have a 17.5 foot setback along one frontage. Because they are subdividing the property, Lot 2 has only one frontage. 4. Building pads meet the minimum setback requirements for the C-Regional Service Zoning District. Outdoor dining areas for both restaurants have been placed to take advantage of Lake Idlewild. 5. Access to this site will be from Technology Drive at an existing shared access with American Baptist Homes and a new access farther to the east. The plans also indicate the continuation of existing parking lot and driveway that currently serves the Dairy Queen. Connecting these parking lots will provide all of the buildings with improved access and circulation. Existing and proposed access into the site is consistent with the approved PUD (see attached). GRADING Elevations on this site range from a high point of898 at the intersection Technology Drive and U.S. 169 to a low point at Lake Idlewild of 853.5 which is the Ordinary High Water Mark (OHWM). All of the grading required for this proposal is for building pad and parking lot construction. Portions of this site were previously graded and there are no "designated" significant trees on the property although there is a substantial amount of vegetation along the lake shore. This vegetation will be removed by the proposed grading plan. The developer should revise the plan to reduce the impact on the lakeshore vegetation. This may require additional retaining wall heights, revising the site plan and/or relocating the trail. 4 ( ( There are several retaining walls that must be constructed to develop the site. A series of two-tier retaining walls will be constructed along the south property line ranging in height from six to eight feet. These walls are necessary to construct building pads, the parking lots and the extension of the trail system around Lake Idlewild. All retaining walls will be constructed out of modular block. The DNR requires a minimum shore impact area of 100 feet from the Ordinary High Water Mark (OHWM). This is an area where the topography and vegetation should be retained in its natural state. City code also prohibits clear-cutting except as required for building and parking areas provided that "sufficient cover" is left to screen cars and buildings from the water. Because of the depth of the site, prohibiting grading within 100 feet of the OHWM would make the property undevelopable. Staff recommends that the use of higher retaining walls be explored to try to reduce the amount of grading. Also, 2/2.5 to 1 slopes should be considered. SHORELAND ORDINANCE Lake Idlewild is designated as a Recreational Development Water on the Comprehensive Guide Plan. City Code requirements for Recreational Development Water are: 1. Minimum Lot Size -10 acres. 2. Minimum Width at Building Line -200 feet. 3. Minimum Width at Ordinary High Water Mark -200 feet. 4. Minimum Setback from Ordinary High Water Mark -200 feet. 5. Minimum Setback to Parking -50 feet. 6. Impervious Surface -Maximum 30% of Total Lot Area. Due to the site configuration and the location of Technology Drive and U.S. 169, this project cannot meet the requirements of Items 1, 4, 5 and 6 and still be developed. These issues will addressed in order. 1. Currently, the entire site contains 8.53 acres of which 2.8 acres are within Lake Idlewild. The lots proposed are 1.63 acres and 2.44 acres in size with the remaining 1.66 acres dedicated as right-of-way. The minimum lot size in the C-Reg-Ser zoning district is 10,000 square feet. Adjacent lots that have been previously approved include American Baptist Homes at 1.15 acres and the Dairy Queen at 2.29 acres. The proposed lot sizes are consistent with lots already approved. 4. At the widest point, these lots measure 220 feet (Lot 1) and 295 feet (Lot 2) deep. With a required building setback of 200 feet, these lots are undevelopable. The original Lake Idlewild PUD specified 30 foot structure setbacks. Recognizing this, Staff feels it is reasonable to use the setback to other buildings in the area as a guide for the placement for any new buildings. The American Baptist Homes building is setback approximately 75 feet while the Dairy Queen is setback approximately 45 feet. The Pannekoeken Huis, a project that was approved in 1988 but not built was proposed to be setback 35 feet. Rio Bravo 5 V.A.-2.0 ( c Cantina is setback a minimum of 50 feet and Fuddrucker's a minimum of 65 feet. These setbacks are consistent with previous approvals. 5. There are two areas of encroachment where the parking areas do not meet the minimum setback of 50 feet from the OHWM. The ftrst area is next to Fuddrucker's where the parking is approximately 45 feet from the OHWM. This encroachment extends for approximately 55 feet. The other area is next to Rio Bravo Cantina where the parking lot driveway is 30 feet from the OHWM. This encroachment extends for approximately 185 feet. Due to the width of the site, parking is necessary in these locations. Although both areas have been landscaped, additional landscaping should be planted to minimize the impact on the lake. 6. Based on lot sizes of 1.66 (Fuddrucker's) acres and 2.44 acres (Rio Bravo Cantina), a 30% maximum impervious surface area is calculated as 21,693 square feet and 31,886 square feet respectively. The proposed development has a 55% impervious surface for Fuddrucker's and 60% impervious surface for Rio Bravo Cantina. With a building size of 4,900 square for Fuddrucker's, the remaining impervious surface square footage allows for only 60 parking spaces. The site plan indicates 78 parking spaces. For Rio Bravo Cantina at 7,900 square feet, the Code would only allow 88 parking spaces. The site plan indicates 138 parking spaces. Both restaurants are being built at B.A.R.'s less than 7% while the Code allows up to 20%. To limit development based on impervious surface would make the property undevelopable. For comparison, the Pannekoeken Huis received a variance for a 58% impervious surface. UTILITIES Water and sanitary sewer services are available to this site. There is an existing 12-inch water line within Technology Drive and a lO-inch sanitary sewer line along the north property line. These services will be extended to the south to service the property. Storm water runoff is proposed to be collected in a catch basin system within the project and discharged into a proposed NURP pond located next to Lake Idlewild. This pond has been designed to treat runoff from the entire project site. According to the DNR, the settling basin of the pond is below the OHWM of Lake Idlewild and recommends revisions. The proponent has indicated that this has not been a design concern in the past. Prior to revising the pond, this issue needs to be clarified by the DNR. In an attempt to reduce the amount of land alteration next to Lake Idlewild, staff and the proponent would like the flexibility of reducing the pond size. Reducing the pond size would have to be balanced against the level of pretreatment. 6 V.A. -2 \ ( ( ARCHITECTURE Fuddrucker's is designed as a rectangular-shaped building and is approximately 90 feet wide and 60 feet deep. The building is 23.5 feet in height. Primary building materials include face brick and glass. Mechanical equipment will be screened by a parapet wall. The outdoor dining area is located at the southwest comer of the building and designed to take advantage of views over Lake Idlewild. The Rio Bravo Cantina is also designed as a rectangular-shaped building and is approximately 130 feet wide and 60 feet deep. This building is 20 feet in height. Primary building materials include face brick and glass with variety of other materials as accents to add the "cantina" look to the building. Other materials should not be more than 25% of the total. Rio Bravo also has an outdoor dining area with views towards Lake Idlewild. A mechanical equipment screening has not been submitted. Code requires that all mechanical equipment be screened with materials compatible with the building. Both restaurants are using similar design elements like those used on the Dairy Queen and on American Baptist Homes to the cohesiveness of the project. These include: 1. Building materials and colors. Both restaurants have agreed to match the buildings in the area. 2. Awnings over the windows and door areas. 3. Lighting consistent with that used in the area on both the building and in the parking lots. 4. Outdoor seating. 5. Coordinated landscaping. LANDSCAPING The landscape plan provides 192 caliper inches of significant plant material, 82.5 caliper inches of ornamental trees and 273 shrubs. The amount of landscaping planted on the site meets the City ordinance for building square footage and parking lot screening. Irrigation is required to help ensure that the plant materials survive. All landscaping must be removed from the right-of-way and planted within the 17.5 foot setback. The minimum height for evergreens should be raised from 4 feet to 6 feet per City code. An important part of the overall PUD for Lake Idlewild is the relationship of the buildings and parking areas to the edge of the lake. It is especially important that the type of landscaping is compatible with the existing lowland vegetation and that the mass of the retaining walls are downplayed. In addition, the outdoor dining areas are a very important focal point for this site and deserves special attention. The amount of landscaping should be increased to replace what is being taken out as part of the grading plan. Heavy natural plantings is required as mitigation for the shore land variances. 7 V, p.., -2.2.. ( ( LIGHTING Site lighting on the project will be combination of shoebox fixtures measuring 30 feet in height and decorative lights on the restaurants. The shoebox fixtures should be coordinated with those used in the Dairy Queen parking lot. SIGNING Detailed sign information has not been submitted for review. Information regarding building and monument sign size and location, color and letter style must be submitted for review and approval by the City Council. Currently, the Fuddrucker's sign extends beyond the roofline and is considered a rooftop sign. This sign should be lowered below the roof line to meet code. PEDESTRIAN SYSTEMS With the construction of the Dairy Queen, a bituminous trail was built along the shore of Lake Idlewild. Ultimately, this trail was to be continued around Like Idlewild. This project will construct the trail up to American Baptist Homes where it will need to be continued out to Technology Drive. Future plans for this trail include the continuation west to Prairie Center Drive and a loop around Lake Idlewild. A trail connection has been made from Fuddrucker's. An additional trail connection should be made from Rio Bravo Cantina. To reduce the amount of grading next to Lake Idlewild and possibly save some of the trees, Staff recommends that the trail be relocated next to the base of the retaining wall (see attached). This trail will become City owned and will require an easement from the property owner as shown on the Preliminary Plat. In addition to being a trail easement, a conservation easement shall also be placed over this area to protect the shoreland. STAFF RECOMMENDATION I. If the Planning Commission believes that the PUD Amendment is better than the approved PUD and that the Site Plan as proposed with the following modifications is acceptable, then one option would be to recommend approval of the request for Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres, PUD Concept Review on 4.02 acres, PUD District Review with waivers on 4.02 acres, Zoning District Change from Rural to Commercial Regional Service on 4.02 acres, Preliminary plat of 8.53 acres into two lots, one outlot and road right-of-way and Site Plan Review on 4.02 acres based on revised plans dated June 27, 1995, subject to the recommendations of the Staff Report dated July 7, 1995, and subject to the following conditions: 8 V.A. -2.3 ( c 1. . Prior to City Council review, proponent shall: A. Modify the landscaping plan to provide additional screening between Lake Idlewild and the proposed building and parking areas. This landscaping should consist of lowland vegetation common to the area. B. Modify the grading plan to minimize the amount of land alteration next to Lake Idlewild to save the existing vegetation. This may require the use of additional retaining walls and/or 2.5 to I slopes. C. Submit a comprehensive sign package (both building and monument) for the project detailing sizes, colors and letter styles. Lower the wall sign on Fuddrucker's below the roof line. D. Provide samples and colors of exterior materials, awnings and mechanical equipment screening for review. E. Relocate the trail along Lake Idlewild next to the base of the retaining wall per the attached drawing. F. Analyze the feasibility of reducing the pond size. Any size reduction would have to balanced against the level of pretreatment. Clarify the DNR's position on NURP pond depth and revise accordingly. G. Analyze the feasibility of reducing the parking setback to 10 feet. 2. Prior to final plat approval, proponent shall: A. Submit detailed storm water runoff, erosion control and utility plans for review and approval by the City Engineer. B. Submit detailed storm water runoff and erosion control plans for review and approval by the Watershed District. 3. Prior to grading permit issuance, proponent shall: A. Provide the City with a detailed soils report, assessing the existing soils for stability and developing an implementation plan for construction and restoration of the slopes. B. Notify the City and Watershed District at least 48 hours in advance of grading. 9 V.A.-2~ ( c C. Stake the grading limits with an erosion control fence. D. Submit retaining wall details for all retaining wall with specific design consideration given to the walls around the outdoor dining areas. 4. Concurrent with building permit issuance, proponent shall pay the appropriate cash park fee. 5. Any significant changes to the Rio Bravo Cantina site plan will be required to go through the Site Plan Review process. 6. Apply for and receive variances from the Board of Appeals and Adjustments for the following: A. Minimum Lot Size -10 acres. Proposed lots are 1.63 acres and 2.44 acres. B. Minimum Setback from Ordinary High Water Mark -200 feet. Proposed setbacks are 50 feet and 65 feet. C. Minimum Setback to Parking -50 feet. Proposed setbacks are 45 feet and 30 feet. D. Impervious Surface -Maximum 30% of Total Lot Area. Proposed impervious surface is 55% and 60%. 7. Prior to release of the Final Plat, proponent shall submit standard conservation easement documents for that portion of the site shown on the Preliminary Plat as an easement for trail and ponding. II. If the Planning Commission believes that the PUD amendment is better than the approved PUD, but feels that plan revisions are necessary before final approval, then one option would be to recommend that the project be continued for two weeks to allow time for plan revisions as listed above. 10 V, A, -2.5: l c. ~ 'n'lv"f. \f2,cr /?!'I.. ! ( ,----=====t:1 ~~. _._._.-.. --.. I .,. LAKE IDLEWILD PUD '--. ---. ./ -. IIoo'i COif. NEll. SEC 14 TECHNOLOGY DRIVE LAKE IDLEWILD WATER ELEV. AS or ~-25-95 '" B54.J DNR INVENTORY NO. 27-74P NOHW ELEVAnON -853.5 (DNR) 'N. UNl NEil" SEC. 14 EXISTING SHOREUN[ ----::... ~ z o ~ ~ ~ j .f ~ r ~ + ~ r ~ ) '\ Z ( ( ~rMT~Ti>©'jf&' ~IRDEPARTMENT OF NATURAL RESOURCES PHONE NO. METRO WATERS, 1200 Warner Rd., st. Paul, MN 5510~ILENO. 772-7910 July 20, 1995 Mr. Don Uram City of Eden Prairie 8080 Mitchell Road Eden prairie, Minnesota 55344 RE: Fuddruckers and Rio Bravo cantina, Lake Idlewild (27-74P), City of Eden Prairie, Hennepin County Dear Mr. Uram: We met July 12, 1995 with steve Johnston (Landform Engineering Company) and Mary Krause (Eden Prairie Engineering Department) to discuss and visit the site of the above-referenced project. Summarized below are the major issues we discussed. 1. We acknowledge that a very small portion of the site would meet the city's minimum setback of 200', and agree that a setback variance of some degree will be required in order to allow a reasonable use of the site. However, the setbacks and buffer areas next to the lake need to be maximized, while allowing for reasonable use. 2 • Some of the options we discussed to increase setbacks and buffer potential included: a shorter setback at the property line nearest the road right-of-way, shortening some of the areas in the parking lot (while maintaining standard maneuvering requirements), and moving the proposed city trail f~rther upland. The intant of moving the trail would be to find a location that minimizes grading in the shore impact zone, and to allow for a wider area that would be left in a natural vegetative condition. 3. Appropriate drainage and conservation easements would be placed on the area between (and including) the trail and the lake for the usual floodplain/stormwater management concerns and to help ensure that the natural vegetation buffer is not altered without appropriate approvals. 4. An ordinary high water (OHW) elevation of 856.0' (NGVD, 1929) should be used for this site. Although a full survey and investigation for an OHW determination was not completed, the 856' elevation is consistent with historical water levels, the outlet elevation and the slopes/vegetation observed on-site. V.A., -2..g AN EQUAL OPPORTUNITY EMPLOYER ( Mr. Don Uram City of Eden Prairie July 20, 1995 Page (2) ( 5. Based on a closer review of the proposed grading plan, it does not appear that the proposed settling basin will extend below the OHW of 856'. Therefore, item 2 of Joe Richter's June 21, 1995. comment letter no longer appears to be an issue. However, the city should verify in the final grading plan that the grading does not extend below the OHW. 6. Since the outlet from the settling basin is proposed to inlet Lake Idlewild below the OHW of 856', a DNR Protected waters Permit is required. steve Johnston will see that a permit application is submitted in the near future so that the timing of the permit application process does not hinder the overall timeline for the project. Thank you for the opportunity to discuss this project in more detail and visit the site. Please contact me at 772-7910 should you have questions regarding these comments. Sincerely, Ceil strauss Area Hydrologist CS/KL c: steve Johnston, Landform Engineering Co. Mary Krause, City of Eden Prairie, Engineering u.s. Army Corps of Engineers, Joe Yanta Bob Obermeyer, Riley-Purgatory-Bluff Creek Watershed District V. A, -ZCJ !!!!!!!!!!!!!!!!!!!!!----t( --( Welsh Companies Comprehensive Real Estate Services 8200 Normandale Boulevard, Suite 200 Minneapolis, Minnesota 55437 612.897.7700 Fax 897.7704 July 14, 1995 Mr. Don Dram clo City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Eden Prairie Convenience Center Dear Don: As discussed in our recent telephone conversation, I am a partner in the partnership that owns the above property. When we acquired the property from the lender who had foreclosed on it, we examined title, easements, and related information and were satisfied with what we were acquiring. We did not see any obligation or easements or rights of others to require us to link our parking lot with the property adjacent and to the north. We do not have any objection to hooking up our pedestrian path with the adjacent property but our partnership does not want to provide access to the adjacent property for vehicles through our parking lot. We see no benefit to doing so and in fact a number of detrimental issues immediately come to mind, to include excess wear and tear on our parking lot, possibly parking encroachments which would hinder our tenancies, and potential traffic congestion. Thank you for considering our opinion. Sincerely, @.h:.CPM Executive Vice President (612) 897-7777 EPD/kk F:IEXEC.KAKlPDIL771IURAM7.J4 V.A.. -30 ("Iinnesota Department of TransP"lation Metropolitan Division July 14, 1995 Planning Department City of Eden Prairie 7600 Executive Drive Eden Prairie MN 55344 Dear Sirs: SUBJECT: Idlewild Addition Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 Preliminary Plat Review P/95-060 Southwest quadrant of TH 212 and Technology Drive Eden Prairie, Hennepin County CS 2744 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Idlewild Addition preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. We fmd the plat acceptable for further development with consideration of the following comments. • The eastern boundary of the plat does not coincide with the western right of way limits of TH 169/212. Enclosed are copies of the half-section map and Mn/DOT's right of way map for this area. Please contact Elliott Ruhland of our Right of Way Section at 582-1279 to resolve this inconsistency. • A MnlDOT drainage permit will be required for Idlewild Addition. Runoff from the proposed Idlewild Addition will likely impact a Mn/DOT drainage easement which passes through and receives some drainage from the Lake Idlewild office development. Application for permit must include drainage computations and drainage area maps showing both existing and proposed conditions, as well as pipe sizing computations. Questions regarding Mn/DOT's drainage concerns may be directed to Marv Hondl of our Hydraulics Section at 797-3040. Questions regarding the permit process may be directed to Bill Warden of our Permits Section at 582- 1443. • Any use of or work within Mn/DOT right of way --including landscaping --will require an approved Mn/DOT permit. The permit necessary depends on the nature of the proposed work. Questions may be directed to Bill Warden, as noted above. V.A.-31 An Equal Opportunity Employer Eden Prairie Planning July 14, 1995 page two ( If you have any questions regarding this review, please contact me at 582-1386. Ruth Anri Sobnosky Principal Transportation Planner cc: Pete Tulkki, Hennepin County Surveys Technician RS:em V.A. -32., MEMORANDUM TO: Parks, Recreation and Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities ~ FROM: Stuart A. Fox, Manager of Parks and Natural Resources DATE: July 13, 1995 SUBJECT: Supplemental Staff Report to the July 7, 1995 Community Development Staff Report for Fuddrucker's Inc. and Rio Bravo Cantina BACKGROUND: This site is located along the northerly boundary of Lake Idlewild and is part of a PUD that was reviewed and approved in 1979. The original PUD included office buildings on the site with parking for approximately 280 vehicles. The Lake Idlewild PUD was subject to approval prior to the City adopting the Shoreline Ordinance in 1982. The total site size is 8.53 acres and the plan is for review of 4.02 acres. ISSUES: Natural Resource/Tree Preservation This parcel of land has no significant trees as defined by current City ordinance. Since the original PUD, only minor fill has been done on the site and as a result groups of "tree mass" have grown up naturally along the shoreline of Lake Idlewild, as well as in some of the natural depressions on the site. The staff has recommended to the developer that wherever possible these tree masses should be incorporated into the site plan. The grading for the building and parking lots will impact some of these vegetation masses. Where natural vegetation cannot be used the developer will be using a large amount of landscaping material to satisfy the Landscape Screening Ordinance. The landscaping plan incorporates a mixture of ornamental trees, medium size shade trees, wetland tolerant trees and coniferous material to screen parking areas. Wetland Impact and Storm Water Treatment Lake Idlewild is considered a recreational development water as per the City Comprehensive Guide Plan. The City Code has specific requirements for development on these bodies of water, which include: 1. A minimum lot size of 10 acres. 2. Minimum width at building line 200 feet. V.A.-33 3. Minimum width at ordinary high water mark 200 feet. 4. Minimum setback from ordinary high water mark 200 feet. 5. Minimum setback to parking of 50 feet. 6. Impervious surface-maximum of 30 % of the total lot area. As detailed in the Community Development Staff Report, this project does not meet several of the items; mainly, items one, four, five, and six. These issues will be addressed by the Planning Commission at their July 24, 1995 meeting. The park commissioners may want to review the Community Development Staff Report in detail on items listed on pages five and six of that report and make comments related to the staff recommendation on page ten, number six A-D. A NURP pond is being proposed to handle storm water runoff from the site and this would be placed adjacent to Lake Idlewild. Formal design of the NURP pond is being looked at by both the City Engineering Department and the Minnesota Department of Natural Resources. There is some concern over the elevation of the NURP pond being at or slightly below the ordinary high water mark for Lake Idlewild and formal revision of this will take place prior to review by the Planning Commission and City Council. TRAIL CONNECTIONS: The project includes extension of an existing bituminous trail that was built in conjunction with the Dairy Queen building to the south of this proposed project. The trail will connect by a stairway adjacent to one of the restaurants, and proceed westerly and exit at the most western edge of the property. There are two issues to take a look at in regards to the sidewalk construction. They are as follows: 1. The DNR has made a recommendation that based on the revisions of the NURP pond that the trail mayor may not be advisable between the NURP pond and Lake Idlewild. 2. The DNR would like to see more separation of the trail from the water edge to protect more shoreline. The staff would recommend concept approval of this trail with the final location based upon the DNR recommendations that will be forwarded to the Planning Commission and City Council. RECOMMENDATIONS: This project was reviewed by the Planning Commission sat their July 10, 1995 meeting and received a two week continuance based on a number of minor items. The staff would recommend that the Parks, Recreation and Natural Resources Commission only forward a recommendation regarding the trail and shoreline issues to the Planning Commission and those recommendations would then be forwarded to the Council at their August 1, 1995 meeting. SAF:mdd Fud.memo/Stuart V. A.-3'-1 UNAPPROVED MINUTES -JULY 17, 1995 that he might consider a suggestion. In terms of the storm treatment, the NURP pond located on outlot A, it's scheduled for dedication to the City for City property. There was concern raised by a couple of neighbors that the flood elevation of outlot A, with the NURP pond, would infringe on the two or three neighborhood lots immediately north of there. However, that has been checked by the engineering department and they feel that there would be no change in the drainage pattern due to that NURP pond. The three lots that currently experience water in their backyards, they can expect no more water with or without the NURP pond. Trails and sidewalks were proposed at the neighborhood meetings as well as the Planning Commission meeting. It was suggested that sidewalks be considered between lots 6 and 7 of block 1. Because of past experience with sidewalk connections between lots, Staff was opposed to sidewalks. Brown expressed concern about the large group of ftrs and pines located down the middle of lots 2 and 3. Dietrich indicated that if they can, they will move them and replant them in the entry way. They will save as many as they possibly can. Brown asked for a comparison between the cost of actually planting new nursery stock versus moving trees and replanting them. Fox indicated that trees that they move on site would not be counted towards the replacement. That would be above and beyond nursery stock replacement. Generally, trees cost about $250.00 to $300.00 to move a 12 foot tree. Brown was concerned about the pond gathering a lot of water and not increasing the overflow, per the engineer. Fox replied that he is not an expert and accepts the engineer's recommendation. Dietrich indicated that they are going to have a control device in there to take the water at certain levels and let it out. All they are going to do is make the pond bigger and give it more capacity. Brown asked what the price range of the homes will be. Dietrich replied that including the lot, the downside would be $205,000 to $210,000, and the upside of $280,000 to $290,000. MOTION: Koenig moved to approve the Forest Hills 8th Addition via the Staff Report of July 13, 1995. Brown seconded the motion and it passed 5-0-0. B. Fuddrucker's and Rio Bravo Cantina Idlewild Addition Staff referred the Commission to a memo dated July 13, 1995, from Stuart A. Fox, Manager of Parks and Natural Resources; and a Staff Report dated July 7, 1995, from Donald R. Uram, Economic 10 V.A.-3S- UNAPPROVED MINUTES -JULY 17, 1995 Development Manager. Fox noted that this project is a tight lot commercial subdivision of Fuddrucker's and Rio Bravo Cantina development on Lake Idlewild, which is now called Anderson Idlewild View. This subdivision is on a total of 8.5 acres. The developer is looking for a change in the original PUD which was approved. This was prior to the Shoreline Ordinance of 1982. There are a lot of willows and cottonwoods in mass along the shoreline, but none of them are in excess of 12 inches in diameter. The parking lot has to be screened and they are trying to incorporate a lot of the native vegetation on the site. Referring to the 6 items under storm water treatment in the Staff Report, 4 of the items do not meet the Shoreland Ordinance. This was continued at the July 24th Planning Commission meeting, and is scheduled to go back for final review. Don Uram did not feel these items were any major obstacles. Darrin Lazan, developer, reviewed his development proposal with the Commission using visual aids. Lambert noted that the reason they are considering this is because a planned unit development was submitted on this entire site before they had the shoreland ordinance that they have today. The City did approve this kind of concept development around this site. The property owner has paid taxes on this for many years with this in mind. In the meantime, the state changed the laws and the City has to conform to those laws. It's a matter of what's fair to the property owner. Koenig expressed concern about the amount of parking spaces. Lambert replied that they require this amount of parking spaces if there is a restaurant. They have to make sure they have enough to accommodate the people. Brown expressed concern about the whole area being paved and the impact to Lake Idlewild. He was also concerned about Rio Bravo Cantina having 50 % more parking spaces than the Commission recommends. Lazan indicated that Rio Bravo Cantina has a 7000 square foot establishment, and the typical minimum of parking spaces is 150 to meet the requirements of their facility. Koenig expressed concern about the impervious surface and some of the other shoreland ordinance issues. She was concerned that it's a very small area with lots of concrete. Hilgeman indicated that she understands the whole PUD issue and does 11 V.~. -3b UNAPPROVED MINUTES -JULY 17, ±995 not see how the Commission can not approve this. She does not feel it's a nice plan, and she does not like the amount of coverage. Fox noted that the Stafr s recommendation is to approve this project, but there are a number of contingencies listed in the Staff Report. Brown commented that he does not appreciate all of the variances that have to bend for, but they have no choice but to approve it. MOTION: Hilgeman moved to approve the development per the staff recommendations of the Staff Report dated July 17, 1995, and the Supplemental Staff Report dated July 13, 1995. Motion carried 4-1-0 with one opposition by Koenig. VI. OLD BUSINESS A. Prioritizine Projects and Review of Updated Five Year CIP VII. NEW BUSINESS A. Recommendation to Consider Indoor RinklPark Shelter Project Staff referred the Commission to a memo dated July 10, 1995, from Bob Lambert, Director of Parks, Recreation and Facilities. Lambert indicated that Pete Rose and Walt Paulson from the Hockey Association are requesting a third artificial rink in Eden Prairie. They suggested that the City construct a park shelter that would be used as an indoor ice rink in the wintertime, and a park shelter in the wintertime. He told them to hire an architect to do a preliminary design to determine what the building would be like and what it would cost. Staff indicated that Miller Park and Riley Lake Park were the only two park sites that had any potential to accommodate a building of that size. Staff's recommendation is that their concept was unique and a good idea, but it would be very difficult for the City Council to find funding unless a revenue bond would cover the cost for construction and operating costs. The plan is for a metal roof building with canvas sides. It would not be a heated facility, and could probably sell ice time for $80.00 an hour. The amount of ice time available from mid October to mid March is about 1000 hours, so they would make about $80,000. Operation costs would be about $60,000, so that leaves about $20,000 to payoff the construction. It is only a matter of time before the City of Eden Prairie is going to have a third rink. The two rinks right now are already booked to the 12 V.A..-37 ( ( ~~T~Ti>©'jj'~ ~~DEPARTMENT OF NATURAL RESOURCES PHONE NO. METRO WATERS -1200 WARNER ROAD, ST. PAUL, MN 551~iENo. 772-7910 June 21, 1995 Mr. Scott Kipp City of Eden Prairie Planning Department 7600 Executive Drive Eden Prairie, MN 55379 RE: Fuddruckers and Rio Bravo Cantina, Lake Idle~Tild (27- 74P), City of Eden Prairie, Hennepin County Dear Mr Kipp: We have reviewed the site plans (received June 13, 1995) for the 2bove-referenced project (NE1/4 Section 14, T116N, R21W). While l~e have several concerns about this project, we are particularly concerned about inconsistencies between the proposal and the City's f.horeland standards. In particular we want you to note: 1. Lake Idlewild (27-74P), a Public Water is on the proposed si te.· Any activity below the ordinary high water (OHW) elevation, which alters the course, current or cross~section of Public Waters, is under the jurisdiction of the DNR and may require a DNR permit. There is no official OHW for Lake Idlewild, and we believe that the elevation which is shown as the OHW of Lake Idlewild on the plat is inaccurate. Rthe Riley-Purgatory-Bluff Creek Wateshed District has recorded water levels for Lake Idlewild since 1971. Between 1971 and 1994, the lowest recorded water level in the lake was 853.1' the highest water level was 860.78', and the average of the recordings was 856'. Please contact me, or Area Hydrologist Ceil Strauss, at this office to officially determine, if necessary, the OHW of Lake Idlewild. 2. It appears that most of the stormwater is routed through settling basins, which is good. We would object to having the stormwater routed directly to Lake Idelwild. However, the plans indicate that the settling basin will extend to the 853 contour. It appears that the proposed basin will be below the OHW of Lake Idlewild and require a DNR permit. We recommend that the basin be redesigned so that it doesn't encroach on Lake Idlewild. V.A.-~<O AN EQUAL OPPORTUNITY EMPLOYER ~1r. Scott Kipp June 28, 1995 Page 2 ( ( 3. There should be some type of easement, covenant or deed restriction for the properties adjacent to the wetland areas. This would help to ensure that property owners are aware that the DNR, the U.S. Army Corps of Engineers and the Riley- Purgatory-Bluff Creek Watershed District have jurisdiction over the areas and that the wetlands cannot be altered without appropriate permits. 4. There is no FEMA designated floodplain on the project site. However, Lake Idlewild will have a lOO-year flood elevation. All the work that is done for this project must comply with applicable floodplain regulations of both the city and the Riley-Purgatory-Bluff Creek Watershed District. 5. Lake Idelwild has a shoreland classification of Natural Environment. The shoreland district extends 1000 feet from the OHW. The development must be consistent with City's shoreland management regulations. In particular: a. Steep slopes occur on the proj ect site. Topographic alterations should be minimized in this area. b. The vegetation and topography should be retained in a natural state in the shore/bluff impact zones. The minimum shore impact zone is an area wi thin 100' of the OHW. c. Less than 25% of the area of the lot should be covered with impervious surface. We did not planimeter the area, but it appears that much more of the area is impervious, than the 30% the Cities ordinanace currently allows. This overdevelopment appears to be due to the platting of the bed of Lake Idlewild as part of the lot. The land area that is below the OHW of Public Waters and Wetlands should never be used in density or impervious surface calculations. d. The structures proposed for this project should not be allowed to approach any closer to Lake Idlewild than the structures on the adjoining lots. V.A.-39 Mr. Scott Kipp June 28, 1995 Page 3 ( ( e. It appears that a variance must be obtained for the proposed setback and percentage of impervious surface on the lot. The City of Eden Prairie should submit a copy of each of the variance requests to this office for review at least ten days in advance of a scheduled hearing on the variances. 6. The following comments are general and apply to all proposed developments: a. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. The City should regularly inspect the erosion control measures used at the project site during the course of constructiom. b. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permi t. It typically takes approximately 60 days to process the permit application. c. The comments in this letter address DNR -Division of Waters jurisdictional matters and concerns. These comments should not be construed as DNR support or lack thereof for a particular project. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, ~;j,~ 1"Toe Richter Hydrologist cc: Riley-Purgatory-Bluff Creek WSD, Robert Obermeyer USCOE, Joe Yanta Eden Prairie Shore land File V.A.-yO ----------------------------------~ ~~~---~-~-- DATE: I ~~ CITY COUNCIL AGENDA .. ;·i!ii~ AUGUST 1, 1995 SECTION: - DEPARTh1ENT: I.TE..)1 DESClUPTION: ITEM: NO. FINANCE VEPT PAYMENT OF CLAIMS VI I I CHECKS NUMBER 32871 THRU 33341 I I ! i , . I I I I Action/Direction: AUGUST 1, 1995 VI 32871 PETTY CASH EXPENSES-FINANCE DEPT/ENGINEERING DEPT/ 74.34 FLEET SERVICES/4TH OF-JULY CELEBRATION/ ADAPTIVE RECREATION PROGRAM/WATER DEPT. 32872 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION & EXCISE TAX-2251.50 STREET DEPT/WATER DEPT. 32873 MINNESOTA TWINS TICKETS-TEEN WORK PROGRAM. 80.00 32874 MCI TELECOMMUNICATIONS SERVICE. 245.64 32875 MINNESOTA STATE TREASURER JUNE 95 BUILDING SURCHARGES. 6895.62 32876 NORTHERN STATES POWER CO SERVICE. 8849.52 32877 U S WEST COMMUNICATIONS SERVICE. 2533.99 32878 LYNNE BURKE REFUND-SKATING LESSONS. 11.00 32879 BONNIE CARPENTER REFUND-AFTERNOON PLAYGROUND PROGRAM. 21.48 32880 SHEA COONEY REFUND-SKATING LESSONS. 26.00 32881 LAURA CORNER REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00 32882 ASHLEY FLYNN REFUND-GOLF LESSONS. 29.00 32883 JULIE FOSTER REFUND-BASEBALL LEAGUE FEE. 24.00 32884 JANET HENRIKSEN REFUND-SKATING LESSONS. 18.66 32885 KAMARA JOHNSON REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00 32886 SUSAN JONES REFUND-SOCCER FUN CAMP. 38.00 32887 STACEY KERNS REFUND-WATERCOLOR CAMP. 10.00 32888 JANE LOTZER REFUND-YOUTH TENNIS LESSONS. 24.00 32889 JODY MEYER REFUND-AFTERNOON PLAYGROUND PROGRAM. 21.00 32890 CHERYL MILLER REFUND-DANCE LESSONS. 16.00 32891 MARIBETH SHERLOCK REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00 32892 RENEE STEWART REFUND-SWIMMING LESSONS. 24.00 32893 GAIL THOMAS REFUND-SWIMMING LESSONS. 24.00 32894 KATIE TRENT REFUND-SKATING LESSONS. 14.32 32895 MARIBETH SHERLOCK REFUND-TENNIS LESSONS. 24.00 32896 VALLEYFAIR FAMILY AMUSEMENT PARK TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 672.95 FEES PAID. 32897 BELLBOY CORPORATION BEER. 31.00 32898 DAY DISTRIBUTING COMPANY BEER. 7472.50 32899 EAST SIDE BEVERAGE CO BEER. 14640.05 32900 GRIGGS COOPER & CO INC BEER. 24.04 32901 MARK VII DISTRIBUTING COMPANY BEER. 6643.68 32902 MIDWEST COCA COLA BOTTLING CO MIX. 447.10 32903 PEPSI-COLA COMPANY MIX. 379.55 32904 THORPE DISTRIBUTING COMPANY BEER. 19056.75 32905 PETTY CASH ADDITIONAL CHANGE FUND FOR HOCKEY 300.00 TOURNAMENT-COMMUNITY CENTER. 32906 CANADA LIFE ASSURANCE CO JULY 95 DISABILITY INSURANCE PREMIUM. 2168.22 32907 CARVER COUNTY COURTHOUSE PAYROLL 07-07-95. 49.37 32908 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 07-07-95. 276.93 32909 FEDERAL RESERVE BANK PAYROLL 07-07-95 SAVINGS BONDS. 350.00 32910 GREAT-WEST LIFE & ANNUITY PAYROLL 07-07-95. 8886.50 32911 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 07-07-95. 240.46 32912 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 07-07-95. 275.08 32913 leMA RETIREMENT TRUST-457 PAYROLL 07-07-95. 3669.26 32914 INTL UNION OF OPERATING ENGINEERS JULY 95 UNION DUES. 1335.00 32915 MN DEPT OF REVENUE PAYROLL 07-07-95. 227.42 8850993 AUGUST 1, 1995 1. AUGUST 1, 1995 VI 32916 MINNESOTA DEPT OF REVENUE PAYROLL 07-07-95. 94.09 32917 MINNESOTA MUTUAL LIFE PAYROLL 07-07-95. 1251.50 32918 MN STATE RETIREMENT SYSTEM PAYROLL 07-07-95. 247.00 32919 MN TEAMSTERS CREDIT UNION PAYROLL 07-07-95. 25.00 32920 EXECUTIVE DIRECTOR-PERA AUGUST 95 LIFE INSURANCE PREMIUM. 225.00 32921 EXECUTIVE DIRECTOR-PERA PAYROLL 07-07-95. 42380.19 32922 EXECUTIVE DIRECTOR-PERA PAYROLL 07-07-95. 32.50 32923 PRUDeNTIAL INSURANCE CO JULY 95 LIFE INSURANCE PREMIUM. 2964.83 32924 UNITED WAY PAYROLL 07-07-95. 157.75 32925 U S WEST CELLULAR INC SERVICE. 908.98 32926 KEVIN DIDDELL REFUND-SPORTS CAMP. 68.00 32927 PAUL DWORAK REFUND-AFTERNOON ADVENTURE PROGRAM. 42.00 32928 JANELLE HEIKKILA REFUND-DANCE LESSONS. 21.00 32929 SHELLEY JOHNSON REFUND-DRAMA CAMP. 40.00 32930 BECKY LARSON REFUND-SOCCER CAMP. 38.00 32931 NAOMI MANKE REFUND-OLD LOG-BEAU JEST EVENT-ADULT 26.00 PROGRAMS. 32932 AMY NYLANDER REFUND-DANCE LESSONS. 16.00 32933 KIM QUINLAN REFUND-ACTIVITY CAMP. 68.00 32934 JEAN WIKLUND REFUND-ACTIVITY CAMP. 80.00 32935 CONCEPT MICRO IMAGING MICROFILMING SERVICE-ADMINISTRATION DEPT. 678.04 32936 ECOLAB PEST ELIMINATION DIV JUNE 95 PEST CONTROL SERVICE-FACILITIES 186.40 DEPT. 32937 POWERTEX SPORTSWEAR INC T-SHIRTS-4TH OF JULY CELEBRATION. 151.38 32938 PRAIRIE ELECTRIC COMPANY INC FURNISHED & INSTALLED FEED FOR WATER FLOW 368.79 VALVE & SELECTOR SWITCH-WATER DEPT. 32939 APPLE RIVER TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 48.00 FEES PAID. 32940 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/POLICE DEPT. 624.80 32941 JOSE CARRERA ENTERTAINMENT-STARING LK CONCERT SERIES-700.00 ARTS COPMISSION. 32942 MARY BETH HESS ENTERTAINMENT-STARING LK CONCERT SERIES-375.00 ARTS COMMISSION. 32943 MINNESOTA SHAKEPEARE COMPANY ENTERTAINMENT-STARING LK CONCERT SERIES-500.00 ARTS COMMISSION. 32944 EMMETT STARK ENTERTAINMENT-STARING LK CONCERT SERIES-40.00 ARTS COMMISSION. 32945 MINNESOTA TURF & GROUNDS FOUNDATI CONFERENCE-PARK MAINTENANCE. 54.00 32946 MN PARK SUPERVISORS ASSN CONFERENCE-PARK MAINTENANCE. 65.00 32947 MN DEPT OF REVENUE APPLICATION FEE FOR CERTIFIED MN ASSESSOR-15.00 ASSESSING DEPT. 32948 MPELRA CONFERENCE-HUMAN RESOURCES DEPT. 90.00 32949 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT/ANIMAL CONTROL DEPT. 437.85 32950 SHASHR AGRjjh)AL REFUND-SWIMMING LESSONS. 24.00 32951 CAROLYN BARNESON REFUND-SWIMMING LESSONS. 21.00 32952 DAVID J CASSIN IV REFUND-SWIMMING LESSONS. 24.00 32953 CAROL JOHNSON REFUND-BEACH SWIMMING LESSONS. 24.00 32954 JAN MARS REFUND-SWIMMING LESSONS. 21.00 32955 TOM MCDONOUGH REFUND-ADVANCED RACQUETBALL LESSONS. 18.00 32956 MARGARET OBRIEN REFUND-EMERGENCY WATER SAFETY LESSONS. 26.00 5317810 AUGUST 1, 1995 2. AUGUST 1, 1995 VI 32957 TIM PELTIER REFUND-ADULT CANOE TRIP-OUTDOOR CENTER 65.00 PROGRAM. 32958 ERIC SIT REFUND-SAILING LESSONS. 18.00 32959 LAURIE SWABEY-KEITH REFUND-BEACH SWIMMING LESSONS. 23.00 32960 SUPERIOR FORD INC FORD 4X4-STREET DEPT/FORD 4X4~ATER DEPT. 33900.00 32961 U S POSTMASTER POSTAGE-UTILITY BILLING. 897.40 32962 CHEATER SLICK ENTERTAINMENT-STARING LK CONCERT SERIES-500.00 ARTS COMMISSION. 32963 GOVT FINANCE OFFICERS ASSN PUBLICATIONS-FINANCE DEPT. 46.00 32964 MN RECREATION & PARK ASSN CONFERENCE-ADAPTIVE RECREATION DEPT. 30.00 32965 ARMOR SECURITY INC LOCKSET & INSTALLATION FOR EMPLOYEE 491.29 BREAKROOM-COMMUNITY CENTER. 32966 NORTHERN STATES POWER ADDITIONAL STREET LIGHTS ON DELL RD FROM 2680.00 82ND ST TO ERIN BAY. 32967 U S WEST COMMUNICATIONS SERVICE. 313.94 32968 HENNEPIN COUNTY TREASURER FIRST HALF 1995 PROPERTY TAX-RICE MARSH 27.48 PARK/RILEY LAKE PARK. 32969 MCES AQUATICS MTKA LIFEGUARD OLYMPICS ENTRANCE FEE-POOL 15.00 OPERATIONS-COMMUNITY CENTER. 32970 PAMELA BANDY REFUND-ACTIVITY CAMP. 136.00 32971 JANET BLAKE REFUND-TEAM TENNIS TRAINING. 36.00 32972 KIM BLOMBERG REFUND-MUNCHKIN TENNIS LESSONS. 6.00 32973 MARY BOYCE REFUND-SOCCER FUN CAMP. 38.00 32974 NANCY CAUDILL REFUND-SWIMMING LESSONS. 21.00 32975 ELLEN CLERC REFUND-ADULT GOLF LESSONS. 48.00 32976 DAVE COPPLE REFUND-SWIMMING LESSONS. 42.00 32977 JANE EDWARDSON REFUND-SWIMMING LESSONS. 24.00 32978 BETSY ERICKSON REFUND-YOUTH TENNIS LESSONS. 24.00 32979 GWEN ERSBO REFUND-GYMNASTICS LESSONS. 26.00 32980 C FOSSEY REFUND-SR TEAM TENNIS LESSONS. 17.00 32981 KAREN GOON REFUND-INTRODUCTION TO JAZZ LESSONS. 21.00 32982 HELEN GUNTHER REFUND-ACTIVITY CAMP. 68.00 32983 GARY GUSTAFSON REFUND-VALLEYFAIR TRIP-SPECIAL TRIPS & 26.00 EVENTS PROGRAM. 32984 NANCY HEBRINK REFUND-INTRODUCTION TO DANCELINE LESSONS. 21.00 32985 MAUREEN HENDERSON REFUND-BASIC WATER SAFETY LESSONS. 23.00 32986 DEE HOKANSON REFUND-VALLEYFAIR TRIPS-SPECIAL TRIPS & 26.00 EVENTS PROGRAM. 32987 ROXANNE JOHNSON REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00 32988 TERRY KOLLER REFUND-SKATING LESSONS. 26.00 32989 JENNIFER KOWALSKI REFUND-ADULT GOLF LESSONS. 16.00 32990 MARTHA LAKE REFUND-PRESCHOOL PLAYGROUND PROGRAM. 108.00 32991 SHARON MATHEI REFUND-INTRODUCTION TO JAZZ LESSONS. 21.00 32992 NANCY PATTON REFUND-INTRODUCTION TO DANCELINE LESSONS. 21.00 32993 LAURIE PEPPER REFUND-ANIMALS/ANIMALS/ANIMALS-SPECIAL 4.00 TRIPS & EVENTS PROGRAM. 32994 ANN PFISTER REFUND-INTRODUCTION TO JAZZ LESSONS. 21.00 32995 MARY REMAKEL REFUND-YOUTH TENNIS LESSONS. 72.00 32996 MARY ROSE REFUND-AFTERNOON ADVENTURE PROGRAM. 13.00 32997 JILL SAXTON REFUND-BEAVER MOUNTAIN WATER SLIDE-25.00 SPECIAL TRIPS & EVENTS PROGRAM. 3997311 AUGUST 1, 1995 3. AUGUST 1, 1995 VI 32998 PATRICIA SCHATZ REFUND-INTRODUCTION TO JAZZ LESSONS. 42.00 32999 CELESTE SCOLARO REFUND-AFTERNOON ADVENTURE PROGRAM. 42.00 33000 DEBRA SLINKARD REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00 33001 GRACE STEWART REFUND-DANCE LESSONS. 16.00 33002 POLLY STORLIE REFUND-ADULT GOLF LESSONS. 13.00 33003 CAROL STUBBINGS REFUND-PRESCHOOL PLAYGROUND PROGRAM/ 43.00 PRESCHOOL TRIP-SPECIAL TRIPS & EVENTS PROGRAM. 33004 SUZANNE SVIHRA REFUND-IN-LINE SKATING LESSONS. 12.00 33005 JOANN SYVERSON REFUND-TUBING ON APPLE RIVER-SPECIAL 36.00 TRIPS & EVENTS PROGRAM. 33006 LORI WALKER REFUND-YOUTH BASEBALL LESSONS. 18.00 33007 JANET WARING REFUND-WATERCOLOR CAMP. 45.00 33008 ELIZABETH WOOD REFUND-VAttEYFAIR TRIP-SPECIAL TRIPS & 23.00 EVENTS PROGRAM. 33009 SUE ZALESKAS REFUND-BASEBALL LESSONS. 36.00 33010 CAROL ZIESKE REFUND-BASIC WATER SAFETY LESSONS. 23.00 33011 CIRCUS PIZZA TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 167.74 FEES PAID. 33012 BEAVER MOUNTAIN WATER PARK TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 280.00 FEES PAID. 33013 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 136.00 33014 NORTHERN STATES POWER CO SERVICE. 58171.75 33015 SUSAN BRUST REFUND-SKATING LESSONS. 13.80 33016 BETH DEAM REFUND-SWIMMING LESSONS. 24.00 33017 MARCUS IMES REFUND-SWIMMING LESSONS. 24.00 33018 JAMES & LORRAINE IMSDAHL REFUND-DEFENSIVE DRIVING LESSONS. 14.00 33019 JOHN VEIRE REFUND-SWIMMING LESSONS. 48.00 33020 PETTY CASH REIMBURSEMENT OF CHANGE FUND FOR ROUND 25.00 LAKE MARINA. 33021 FIREHOUSE VIDEO SAFETY VIDEO-FIRE PREVENTION SUPPLIES-18.90 FIRE DEPT. 33022 HENNEPIN COUNTY TREASURER STATE DEED TAX FOR SALE OF PROPERTY TO 59.50 WALLACE HILGREN. 33023 JIM RICHARDSON PICTURE FRAMING WITH BRASS PLATES-CITY 95.00 COUNCIL. 33024 MCI TELECOMMUNICATIONS SERVICE. 3008.75 33025 JULIE BRIDGES REFUND-YOUTH TENNIS LESSONS. 24.00 33026 SUSIE CHRISTIE REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00 33027 JOHN POTTEBAUM REFUND-SOCCER CAMP. 38.00 33028 BETH RICHTER REFUND-PRESCHOOL PLAYGROUND PROGRAM. 36.00 33029 STEPHANIE AGNEW SERVICE-TEEN WORK PROGRAM. 6.00 33030 KATIE AHMANN SERVICE-TEEN WORK PROGRAM. 18.00 33031 ALISHA BEYER SERVICE-TEEN WORK PROGRAM. 26.00 33032 CHARLES CHERRY SERVICE-TEEN WORK PROGRAM. 16.80 33033 ERIN CHRISTENSON SERVICE-TEEN WORK PROGRAM. 18.00 33034 BOBBY CIATTI SERVICE-TEEN WORK PROGRAM. 96.90 33035 DAREN CODY SERVICE-TEEN WORK PROGRAM. 28.20 33036 KATIE CONNERS SERVICE-TEEN WORK PROGRAM. 23.40 33037 TOM CRAMPTON SERVICE-TEEN WORK PROGRAM. 4.20 6284294 AUGUST 1, 1995 4. AUGUST 1, 1995 VI 33038 RACHEL DEVILLE SERVICE-TEEN WORK PROGRAM. 81.90 33039 MARIE DIBONA SERVICE-TEEN WORK PROGRAM. 24.30 33040 KATY DIXON SERVICE-TEEN WORK PROGRAM. 6.00 33041 CHRISTINA ERICKSON SERVICE-TEEN WORK PROGRAM. 26.10 33042 T J ESBENSEN SERVICE-TEEN WORK PROGRAM. 19.20 33043 DUSTIN GAYNOR SERVICE-TEEN WORK PROGRAM. 33.15 33044 COLIN HARER SERVICE-TEEN WORK PROGRAM. 16.20 33045 MAREN HARLCNJ SERVICE-TEEN WORK PROGRAM. 15.90 33046 RYAN HARTSTEIN SERVICE-TEEN WORK PROGRAM. 7.80 33047 AMY HOBLIT SERVICE-TEEN WORK PROGRAM. 6.50 33048 KIRSTEN JOHNSON SERVICE-TEEN WORK PROGRAM. 53.40 33049 CHAD KARLSON SERVICE-TEEN WORK PROGRAM. 13.20 33050 KATIE KELLEY SERVICE-TEEN WORK PROGRAM. 11.70 33051 KRISTEN KELLY SERVICE-TEEN WORK PROGRAM. 33.00 33052 ERICA KUCHERA SERVICE-TEEN WORK PROGRAM. 13.80 33053 DAN LENNON SERVICE-TEEN WORK PROGRAM. 18.00 33054 SEAN LENNON SERVICE-TEEN WORK PROGRAM. 4.80 33055 JAKE LINDBLOM SERVICE-TEEN WORK PROGRAM. 32.40 33056 ANGIE MACOONALD SERVICE-TEEN WORK PROGRAM. 13.80 33057 KENDRA MARTENSON SERVICE-TEEN WORK PROGRAM. 31.80 33058 SARAH MCCANN SERVICE-TEEN WORK PROGRAM. 8.40 33059 MOLLY MCCOY SERVICE-TEEN WORK PROGRAM. 11.10 33060 BJORN MCGI LLAN SERVICE-TEEN WORK PROGRAM. 24.05 33061 CASSIE MCMILLAN SERVICE-TEEN WORK PROGRAM. 16.80 33062 HEATHER MILLER SERVICE-TEEN WORK PROGRAM. 28.80 33063 PHILLIP MITCHELL SERVICE-TEEN WORK PROGRAM. 70.50 33064 BEN NEUMAN SERVICE-TEEN WORK PROGRAM. 34.50 33065 ASHA RAMLER SERVICE-TEEN WORK PROGRAM. 3.60 33066 LAURA ROFSHUS SERVICE-TEEN WORK PROGRAM. 79.20 33067 SARAH RING SERVICE-TEEN WORK PROGRAM. 31.20 33068 MICHAEL SEVERSON SERVICE-TEEN WORK PROGRAM. 22.10 33069 ALEXIS STARK SERVICE-TEEN WORK PROGRAM. 21.00 33070 BJORN SVENDSEN SERVICE-TEEN WORK PROGRAM. 28.80 33071 ERIC TAGGATZ SERVICE-TEEN WORK PROGRAM. 69.30 33072 JOHN TAGGATZ SERVICE-TEEN WORK PROGRAM. 15.60 33073 JOHN TRUEX SERVICE-TEEN WORK PROGRAM. 46.20 33074 JODI WALLEBECK SERVICE-TEEN WORK PROGRAM. 4.80 33075 COREY YEAROUS SERVICE-TEEN WORK PROGRAM. 31.20 33076 A TO Z RENTAL CENTER CANOPY RENTAL-POLICE DEPT/CORE DRILLING 160.31 MACHINE & BIT RENTAL-PARK MAINTENANCE. 33077 A U S COMMUNICATIONS INC PROGRAMMED POOL PHONE-COMMUNITY CENTER. 54.00 33078 ACCOUNTEMPS SERVICE-FINANCE DEPT. 707.00 33079 AFFIRMED MEDICAL SERVICES INC FIRST AID SUPPLIES-CITY HALL. 121.34 33080 AIR PCNJER EQUIPMENT CORP COMPRESSOR REPAIR-FLEET SERVICES. 222.65 33081 AMERICAN INFANT CARE PRODUCTS LINER COVERS-FACILITIES DEPT. 30.00 33082 AMERICAN MARKING CORP CAN HOLDERS-WATER DEPT. 11.92 33083 AMERICAN PAGING OF MINNESOTA PAGER SERVICE-FACILITIES DEPT. 207.68 33084 AMERICAN PHOTO COpy COPIER REPLACEMENT PART-CITY HALL. 287.23 33085 AMERICAN RED CROSS LIFEGUARD TRAINING COURSE FEE/RESCUE 472.75 MANIKIN RENTALS/MANIKIN FACES-POOL LESSONS. 328498 AUGUST 1, 1995 5. AUGUST " 1995 VI 33086 EARL F ANDERSEN & ASSOC INC STREET SIGNS PLATES/TRAFFIC CONTROL SIGNS/ 3651.24 BRACKETS & POSTS-STREET DEPT/RILEY LK PARK IMPROVEMENTS. 33087 AQUA ENGINEERING INC CONTROLLER FUSES/FITTINGS/BUSHINGS/ 48.26 COUPLINGS/TEES-PARK MAINTENANCE. 33088 ARMOR SECURITY INC INSTALLED LOCKSET/CYLINDER REPAIR-400.38 COMMUNITY CENTER. 33089 ASPEN EQUIPMENT COMPANY REPLACED STARTER-FLEET SERVICES. 310.11 33090 AT&T TELEPHONE REPAIR~ATER DEPT. 31.63 33091 AT&T WIRELESS SERVICES JULY 95 PAGER SERVICE-COMMUNITY CENTER. 10.65 33092 AVR INC CEMENT-DRAINAGE CONTROL PROGRAM. 304.91 33093 B & STOOLS T-HANDLE/BITS~ATER DEPT/FLEET SERVICES. 31. 74 33094 BECKER ARENA PRODUCTS INC ICE PAINT-COMMUNITY CENTER. 11.66 33095 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 1161.86 33096 BENIEK LAWN SERVICE LAWN MOWING SERVICE-PARK MAINTENANCE. 628.35 33097 BIFFS INC WASTE DISPOSAL-ADA PROGRAM/PARK 931.90 MAINTENANCE. 33098 BLACK & VEATCH SERVICE~ATER TREATMENT PLANT EXPANSION. 1415.89 33099 BLAYLOCK PLUMBING CO RELIEF VALVE REPAIR KIT & INSTALLATION-755.62 MILLER PARK. 33100 BLOOMINGTON LOCK & SAFE CO LOCK REPAIRS/KEYS-FACILITIES DEPT. 230.84 33101 BOY SCOUT TROOP 597 COMPLIMENTARY CONCESSION COUPONS-4TH OF 27.50 JULY CELEBRATION. 33102 BRAUN INTERTEC CORPORATION SERVICE-PAVEMENT MANAGEMENT PROGRAM/ 4042.91 STREET DESIGN ANALYSIS-STREET MAINTENANCE. 33103 BROA1Y.JJAY AWARDS DESK FOLDERS-SUMMER SAFETY CAMP. 365.83 33104 MAXINE BRUECK MILEAGE/CONFERENCE EXPENSES-FINANCE DEPT. 121.80 33105 THOMAS BUCHNER 2ND QTR 95 QUALITY IMPROVEMENT ASSISTANCE-3000.00 CITY HALL. 33106 C & H DISTRIBUTORS INC STANDS~ATER DEPT. 192.10 33107 CAPITOL COMMUNICATIONS INSTALLED RADIOS WITH ANTENNAS/REPLACED 2985.01 RADIO CRYSTALS/CLEANED & ALIGNED PAGERS/ AUGUST 95 MAINTENANCE AGREEMENT/REPLACED BELT CLIP & VOLUME CONTROL PROTECTOR- POLICE DEPT. 33108 DANIEL CARLSON SCHOOL-POLICE DEPT. 1121.89 33109 CARLSON TRACTOR & EQUIPMENT CO KNIFE PKG/PINS/LINKS-FLEET SERVICES. 402.37 33110 JIM CHRISTY SERVICE-SOFTBALL OFFICIAL/FEES PAID. 157.50 33111 BILL CLARK OIL CO INC OIL-WATER DEPT. 218.75 33112 CLEAN SWEEP INC MAIN BROOMS/SIDE BROOMS-PARK MAINTENANCE. 629.67 33113 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-REMODELING OF STARING ART CENTER. 2288.24 33114 C02 SERVICES CARBON DIOXIDE/TANK RENTAL-COMMUNITY 70.87 CENTER. 33115 THE COLOR CENTERS PAINT~ATER DEPT. 132.87 33116 COMMERCIAL WINDOW COVERINGS MINI BLIND & INSTALLATION-POLICE DEPT. 90.82 33117 JOHN D CONLEY SUBSCRIPTION/TRAINING VIDEOS-POLICE DEPT. 77.40 33118 CONNEY SAFETY PRODUCTS PAPER TOWELS~ATER DEPT. 542.89 33119 CONRAD MECHANICAL CONTRACTORS INC SERVICE-RINK ARENA DEHUMIDIFICATION. 8325.00 33120 CONSOLIDATED PLASTICS CO INC PAIL LID REMOVER/PAILS-WATER DEPT. 229.44 33121 CONSTRUCTION MATERIALS INC KNEEPADS/FINISHING BROOMS/HANDLES-STREET 139.93 MAINTENANCE. 3508783 AUGUST " 1995 6. AUGUST 1, 1995 VI 33122 CONTINENTAL SAFETY EQUIP INC RAIN PANTS & JACKETS~ATER DEPT. 142.82 33123 COpy CHECK COPIER REPAIR-OUTDOOR CENTER. 156.50 33124 JEFFREY CORDES MILEAGE-FORESTRY DEPT. 211 .68 33125 CORPORATE AUTO RENTALS INC VAN RENTAL-SUMMER SKILL DEVELOPMENT 50.68 PROGRAM. 33126 CROWN MARKING INC DESK SIGN INSERTS-CITY HALL/STAMP REPAIR-54.66 FINANCE DEPT. 33127 CRYSTEEL DIST INC DUMP TRUCK BOX & HYRAULICS-STORM DRAINAGE 19170.13 PROGRAM. 33128 CUB FOODS EXPENSES-FIRE DEPT. 89.50 33129 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES~ATER DEPT. 315.00 33130 CUSTOM HEADSETS INC HEADSETS-POLICE DEPT. 253.55 33131 CUTLER MAGNER COMPANY QUICKLIME~ATER DEPT. 18461.33 33132 DALCO CLEANING SUPPLIES~ATER DEPT. 476.54 33133 DANKO EMERGENCY EQUIPMENT CO ADAPTORS/NOZZLES-SOWER DEPT/REFLECTIVE 358.90 TRIM-FIRE DEPT. 33134 DATAFILE FILE FOLDERS-BLDG INSPECTIONS DEPT. 116.85 33135 DECOR-TEC INC PAINT/PAINTING SERVICE-CITY HALL. 1100.00 33136 HILLARY C DEPARDE SERVICE-SPECIAL CAMPS INSTRUCTOR/FEES 360.00 PAID. 33137 DAN DESAULNIERS SERVICE-SOFTBALL OFFICIAL/FEES PAID. 350.00 33138 GARY DIETHELM GRAVE PREPARATION-PLEASANT HILLS CEMETERY. 375.00 33139 DIRECT SAFETY CO LAMP~ATER DEPT. 54.95 33140 DKH EXC INC DEMOLITION & REMOVAL OF HOUSE-8560 FRANLO 5300.00 ROAD. 33141 LARRY A OOIG CONFERENCE EXPENSES-FIRE DEPT. 48.34 33142 DONS SOD SERVICE SOD-RILEY LAKE PARK IMPROVEMENTS. 98.40 33143 DYNA SYSTEMS NUTS/BOLTS & SCROWS/ROLLER BEARINGS/ 1161.41 RETAINING RINGS/AEROSOL~ATER DEPT. 33144 EASTMAN KODAK COMPANY COPIER MAINTENANCE AGREEMENT-CITY HALL. 437.15 33145 ECOLAB PEST ELIMINATION DIV JULY 95 PEST CONTROL-FACILITIES DEPT. 186.40 33146 EDEN PRAIRIE APPLIANCE REFRIGERATOR-COMMUNITY CENTER. 372.75 33147 EDEN PRAIRIE SCHOOL DIST 272 GYM RENTAL-OPEN GYM PROGRAM/2ND QTR 95 4865.50 HUMAN RIGHTS & SVCS COMMISSION GRANT REQUEST-$2500-COMMUNITY SERVICES DEPT. 33148 CITY OF EDINA JUNE 95 WATER TESTS~ATER DEPT. 295.00 33149 EGGHEAD SOFTWARE COMPUTER SOFTWARE-FINANCE DEPT. 362.08 33150 EKLUNDS TREE & BRUSH DISPOSAL JUNE 95 BRUSH DISPOSAL SERVICE-FORESTRY 450.00 DEPT. 33151 EUGEN R ELLEFSON SERVICE-SOFTBALL OFFICIAL/FEES PAID. 175.00 33152 ELVIN SAFETY SUPPLY INC OVERSHOES/RAIN JACKETS-BLDG INSPECTIONS 365.74 DEPT/COMBUSTABLE GAS/METHANE SENSORS- SEWER DEPT. 33153 EPISCOPAL COMMUNITY SERVICES INC 2ND QTR 95 ACTIVITY FOR HOPE PROJECT 59.33 SERVICE-COMMUNITY SERVICES DEPT. 33154 FBS INVESTMENT SERVICES OPER MAINTENANCE FEES-FINANCE DEPT. 68.00 33155 FEDEX POSTAGE-CITY HALL. 86.00 33156 FEED RITE CONTROLS INC CHEMICALS~ATER DEPT. 4970.64 33157 FINLEY BROS ENTERPRISES ALUMINUM/VINYL & FENCE TIES-PARK 255.00 MAINTENANCE. 6165483 AUGUST 1, 1995 7. AUGUST 1, 1995 VI 33158 FISHER ENTERPRISE BLACK DIRT-PARK MAINTENANCE/RILEY LAKE 82.01 PARK IMPROVEMENTS. 33159 FLOYD SECURITY SMOKE DETECTOR WIRE REPLACED-CUMMINS 120.91 GRILL HOMESTEAD. 33160 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT. 76.80 33161 FORKLIFT & EQUIPMENT SERVICES INC BATTERY REPLACED-WATER DEPT. 943.59 33162 FOX MCCUE & MURPHY AUDIT & ACCOUNTING SERVICES THROUGH JUNE 15927.02 95-FINANCE DEPT/ANNUAL FINANCIAL REPORT SERVICE-FINANCE DEPT. 33163 R E FRITZ INC GATORADE-FIRE DEPT. 551.07 33164 G & K DIRECT PURCHASE JACKETS-COMMUNITY CENTER MAINTENANCE. 434.42 33165 GANNETT PRODUCTION SERVICES CASSETTE DUBBING-POOL OPERATIONS. 37.50 33166 GARTNER REFRIGERATION & MFG INC CONDENSER FAN REPAIR/COMPRESSOR REPAIR-711.20 COMMUNITY CENTER. 33167 GE CAPITAL AUGUST 95 COPIER LEASE AGREEMENT-SENIOR 134.75 CENTER. 33168 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-UTILITIES DIVISION. 772.21 33169 GLASS SERVICE COMPANY TEMPERED GLASS INSTALLED-FACILITIES DEPT. 163.11 33170 GN NETCOM TELEPHONE REPAIR-CITY HALL. 35.25 33171 GOODYEAR COMMERCIAL TIRE & SVC TIRES/TUBES/TIRE REPAIR/VALVES-FLEET 782.13 SERVICES. 33172 JOAN GOSEN MILEAGE-OUTDOOR CENTER PROGRAM. 45.00 33173 W W GRAINGER INC EMERGENCY LIGHT-CITY HALL. 53.41 33174 GROVE NURSERY CENTER SHREDDED BARK MULCH-NESBITT PARK/MILLER 665.28 PARK. 33175 GTE DIRECTORIES ADVERTISING-LIQUOR STORES. 48.10 33176 GUNNAR ELECTRIC CO INC INSTALLED METER & CIRCUIT PANELS TO RUN 1650.00 IRRIGATION EQUIPMENT/INSTALLED OUTLET FOR IRRIGATION CLOCK-RILEY LAKE PARK IMPROVEMENTS. 33177 HACH COMPANY LAB SUPPLIES-WATER DEPT. 58.50 33178 HARMON GLASS COMPANY SAFETY GLASS SHEETS/STREET LIGHT LENSES & 596.22 INSTALLATION-PARK MAINTENANCE/FLEET SERVICES/MILLER PARK. 33179 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION. 43.96 33180 HENNEPIN COUNTY TREASURER PROPERTY OWNER MAILING LABELS-COMMUNITY 337.50 DEVELOPMENT DEPT. 33181 HENNEPIN COUNTY TREASURER TRAFFIC SIGNAL MAINTENANCE/RIGHT OF WAY 72271.15 EXPENDITURES FOR CSAH 4. 33182 HISTORIC PRESERVATION FORUM SUBSCRIPTION-HERITAGE PRESERVATION 75.00 COMMISSION. 33183 HODGES BADGE COMPANY INC AWARD BADGES-SOCIAL EVENTS PROGRAM/SPORTS 415.49 & SPORTS CAMP PROGRAMS. 33184 HOIGAARDS CUSTOM CANVAS INC UMBRELLA REPAIR-ROUND LAKE CONCESSIONS. 40.00 33185 HONEYWELL INC JULY 95 INDUSTRIAL MAINTENANCE AGREEMENT/ 2322.97 CHARTS-WATER DEPT. 33186 HONEYWELL PROTECTION SERVICES 3RD QTR 95 SECURITY MAINTENANCE AGREEMENT-220.46 SENIOR CENTER. 33187 HORIZON GRAPHICS INC LINOTYPE IMAGINING SERVICE FOR DIVERSE 374.98 CITY LOGO ARTWORK-COMMUNITY SERVICES DEPT. 9998999 AUGUST 1, 1995 8. AUGUST 1, 1995 VI 33188 HOSP SUPPLY/SCIENTIFC PROD LAB SUPPLIES~ATER TREATMENT PLANT. 169.28 33189 RACHEL HUTTER COSTUME & SET EXPENSES FOR GUYS & DOLLS-652.98 ARTS COIIJ.fISSION. 33190 INFRATECH TELEVISING SERVICES-SEWER DEPT/VALVE BOX 691.26 SAVERS~ATER DEPT. 33191 INTOXIMETERS INC LIGHT DISPLAY/CARRYING CASE-POLICE DEPT. 358.93 33192 TERRANCE JEFFERY MILEAGE-FORESTRY DEPT. 99.96 33193 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 272.00 33194 CRAIG JERDE SERVICE-OUTDOOR CENTER ATTENDANT/SOFTBALL 350.00 OFFICIAL/HOMEWARD HILLS SHELTER/ROUND LK SHELTER & STARING LK SHELTER ATTENDANT/ FEES PAID. 33195 E F JOHNSON CO MODULAR CABLES-POLICE DEPT. 255.13 33196 KEN JOHNSON SERVICE-CANOE INSTRUCTOR-OUTDOOR CENTER 200.00 PROGRAM. 33197 KANDIYOHI BOTTLED WATER CO WATER COOLER RENTAL-LIQUOR STORE III. 13.58 33198 J J KELLER & ASSOC INC OSHA REGULATIONS/FALL PROTECTION TRAINING 752.82 MATERIAL/RECORDKEEPING TRAINING MATERIAL/ CONFINED SPACE TRAINING MATERIAL- UTILITIES DIVISION. 33199 LINDA KLOECKNER ADVERTISING-4TH OF JULY CELEBRATION. 185.00 33200 KOCH SULFUR PRODUCTS CHEMICALS~ATER TREATMENT PLANT. 1423.58 33201 MICHAEL KROPP TICKETS-LILLI PUTT-/SUPPLIES-TEEN WORK 228.72 PROGRAM. 33202 LA LECHE LEAGUE COMPLIMENTARY CONCESSION COUPONS-4TH OF 20.00 JULY CELEBRATION. 33203 LAB SAFETY SUPPLY LATEX GLOVES~ATER TREATMENT PLANT. 120.19 33204 MIKE LADEN CONFERENCE EXPENSES/MILEAGE-FIRE DEPT. 360.10 33205 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1569.69 33206 LAKE RESTORATION INC SERVICE-SUBMERGED WEED CONTROL-RILEY LAKE 1790.00 PARK. 33207 AAA LAMBERTS LANDSCAPE PRODUCTS I SOD/BLACK DIRT-STREET MAINTENANCE/ 189.28 DRAINAGE CONTROL PROGRAM. 33208 LANG PAULY & GREGERSON LTD JUNE 95 LEGAL SERVICE-$151-FLYING CLOUD 12099.45 AIRPORT EXPANSION/JUNE 95 PROSECUTION SERVICE-$9820-POLICE DEPT/JUNE 95 LEGAL SERVICE-$400-TEMAN LAND/MUSICLAND GROUP INC/JUNE 95 LEGAL SERVICE-$1727-CENTRUM INC-TEMAN LAND & COMSTOCK & DAVIS INC. 33209 J H LARSON ELECTRICAL CO FLUORESCENT LIGHT BULBS-FACILITIES DEPT. 217.13 33210 LEAGUE OF MINNESOTA CITIES SUBSCRIPTION-FINANCE DEPT. 30.00 33211 LEES LAWN CARE MOWING SERVICE-PRAIRIE CENTER DR-STREET 266.25 MAINTENANCE. 33212 BILL LEMPESIS MILEAGE-LIQUOR STORE II. 152.88 33213 LEUTHNER WELL INC SERVICE-CAPPING & SEALING WELL AT 8560 450.00 FRANLO ROAD. 33214 CRAIG LUEHRS MILEAGE-FORESTRY DEPT. 81.76 33215 JOHN LUNN MILEAGE-LIQUOR STORE II. 65.52 33216 LYONS SAFETY CLEANING SUPPLIES~ATER DEPT. 21. 74 33217 MAACO AUTO PAINTING & BODYWORKS C REPAIR & PAINT VEHICLES-FLEET SERVICES. 877 .00 2396423 AUGUST 1, 1995 9. AUGUST " 1995 VI 33218 LISA MASCARENAS SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 119.00 33219 MAXI-PRINT INC FLYERS-ANIMAL CONTROL DEPT/LETTERHEAD/ 1197.06 CRIMEWATCH NEWLETTER/FORMS-POLICE DEPT. 33220 MCGLYNN BAKERIES INC EXPENSES-CITY HALL/SENIOR CENTER/POOL 64.45 LESSONS/WATER DEPT. 33221 MENARDS HINGES/WEED PREVENTER/COUPLER KITS/ 646.80 FITTINGS/STAINING BRUSH & PAD/TACK CLOTH/ BAG-O-RAGS/STAPLES/SPRAY HOSE/SWEEPING COMPOND/RUST REMOVER/BRASS VALVES/ CONSTRUCTION LUMBER/TREATED TIMBERS/ COVING/SANDPAPER/WOOD SCREEN DOOR/FINDER DRIVER/BALLAST/FAN/STANDARD BOARD-PARK MAINTENANCE/FACILITIES DEPT/FLEET SERVICES. 33222 METRO LEGAL SERVICES INC ABSTRACT TRACT SEARCH-HOUSING 40.00 REHABILITATION PROGRAM. 33223 METRO RESOURCES UNLIMITED GROUNDSWORK SERVICE-PARK MAINTENANCE. 224.00 33224 METRO SALES INC COPIER MAINTENANCE AGREEMENTS-CITY HALL. 4854.11 33225 METROPOLITAN COUNCIL WASTEWATER S AUGUST 95 SEWER SERVICE. 163987.00 33226 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-COMMUNITY CENTER. 8.48 33227 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-POLICE DEPT/CITY HALL. • 489.29 33228 MIDWEST COCA-COLA BTLG CO CONCESSION STAND SUPPLIES-COMMUNITY 1554.52 CENTER. 33229 MIDWEST MACHINERY INC SULLAIR COMPRESSOR-FLEET SERVICES. 9276.15 33230 MINNCOMM PAGING JULY 95 PAGER SERVICE-BLDG INSPECTIONS 117.90 DEPT/UTILITIES DIVISION. 33231 MIDWEST ASPHALT CORP SAND/GRAVEL/CRACKFILL/ASPHALT DUMPING-2588.96 STREET MAINTENANCE/STORM DRAINAGE DEPT. 33232 MINNEAPOLIS SPRING & BODY LOAD LEVELOR AIR KIT-FLEET SERVICES. 527.44 33233 MINNESOTA BUSINESS FORMS BUSINESS CARDS-CITY HALL. 107.29 33234 MINNESOTA CITY/COUNTY MGMT ASSN DUES-ADMINISTRATION DEPT. 85.00 33235 MN CONWAY FIRE & SAFETY RECHARGING FIRE EXTINQUISHERS/O-RINGS-736.50 SAFETY DEPT. 33236 MN DEPT OF NATURAL RESOURCES FIREARMS SAFETY INSTRUCTOR FEES-OUTDOOR 25.00 CENTER PROGRAM. 33237 MN ICE ARENA MANAGERS ASSN DUES-COMMUNITY CENTER. 75.00 33238 MINUTEMAN PRESS COLORED PAPER-POOL LESSONS. 15.98 33239 MOORE MEDICAL CORP SAFETY GLOVES/FIRST AID SUPPLIES-FIRE 476.93 DEPT. 33240 MTI DISTRIBUTING CO BALL JOINTS/NUTS/FRICTION WHEELS/COVERS-273.15 FLEET SERVICES/PARK MAINTENANCE. 33241 MUNICILITE CO STROBE SYSTEMS-FLEET SERVICES. 506.49 33242 NATIONAL FIRE PROTECTION ASSN FIRE PREVENTION BROCHURES-FIRE DEPT. 751.40 33243 NATL RECREATION & PARK ASSN DUES-ADAPTIVE RECREATION DEPT. 155.00 33244 W E NEAL SLATE CO DISPLAY CASES & BULLETIN BOARDS-COMMUNITY 1980.00 CENTER. 33245 BETH NILSSON SERVICE-SKATING DIRECTOR/FEES PAID. 1035.86 33246 OPM INFORMATION SYSTEMS TYPEWRITER REPAIRS-BLDG INSPECTIONS DEPT/ 130.00 FINANCE DEPT. 33247 P & H WAREHOUSE SALES INC IRRIGATION SYSTEM REPAIR-FRANLO PARK. 204.75 19225351 AUGUST " 1995 10. r AUGUST 1, 1995 VI 33248 PARROTT CONTRACTING INC HYDRANT VALVE REPAIR~ATER DEPT. 1812.00 33249 LYNN PEAVEY COMPANY BAGS-POLICE DEPT. 22.00 33250 J C PENNEY UNIfORMS-POLICE DEPT. 63.55 33251 PEPSI-COLA COMPANY CONCESSION STAND SUPPLIES-ROUND LAKE 231.00 CONCESSIONS. 33252 PICHA GREENHOUSE fLOWERS fOR CITY PARKS-PARK MAINTENANCE. 1980.63 33253 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORES. 236.00 33254 PLYMOUTH SUPPLY COMPANY PADLOCKS-PARK MAINTENANCE. 205.75 33255 POWERTEX SPORTSWEAR INC T-SHIRTS-POOL SPECIAL EVENTS PROGRAM/POLO 706.27 SHIRTS-fORESTRY DEPT. 33256 PRAIRIE CHURCH REfUND-STARING LK AMPHITHEATER RENTAL 100.00 DAMAGE DEPOSIT. 33257 PRAIRIE ELECTRIC COMPANY INC ADDITIONAL CIRCUITS INSTALLED/INSTALLED 357.74 BATTERY BACKUP fOR EMERGENCY LIGHT-CITY HALL/REPAIRED POOL PUMP MOTOR-COMMUNITY CENTER. 33258 PRAIRIE LAWN & GARDEN CAP/THROTTLE CONTROL & CABLE/OIL/HEDGE 302.52 TRIMMER/WEED WHIP STRING/PAINT-fLEET SERVICES/fACILITIES DEPT/PARK MAINTENANCE/ STREET MAINTENANCE. 33259 PRECISION BUSINESS SYSTEMS INC DIGITAL VOICE TRANSCRIBER STATION POWER/ 53.25 ADAPTER-POLICE DEPT. 33260 PRECISION TURf & CHEMICAL SOIL SAMPLE TESTING-PARK MAINTENANCE. 79.88 33261 PRINTERS SERVICE INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER. 43.50 33262 QUALITY fLOW SYSTEMS INC HEATER OVERLOAD BLOCK INSTALLED/LIfT 391.72 STATION REPAIRS-UTILITIES DIVISION. 33263 QUALITY WASTE CONTROL INC JULY 95 WASTE CONTROL SERVICE-fACILITIES 1077.61 DEPT/LIQUOR STORE II. 33264 R & R SPECIALTIES INC BRACKET-COMMUNITY CENTER. 38.45 33265 RAINBOW fOODS EXPENSES-OUTDOOR CENTER PROGRAMS/POOL 107.89 SPECIAL EVENTS PROGRAM. 33266 RESCUE ONE INC SCHOOL-fIRE DEPT. 1550.00 33267 SCOTT REIN SERVICE-SOfTBALL OffICIAL/fEES PAID. 1321.25 33268 RICOH CORPORATION COPIER MAINTENANCE AGREEMENT-CITY HALL. 626.87 33269 RIGID HITCH INC TRAILER PARTS-fLEET SERVICES. 444.91 33270 RINK SYSTEMS INC HINGE PINS/LATCHES/fASTENERS/GLASS CLIPS-352.84 COMMUNITY CENTER. 33271 ROLLINS OIL CO UNLEADED fUEL-fLEET SERVICES. 6418.75 33272 SA-AG INC SAND-MILLER PARK IMPROVEMENTS. 285.85 33273 SAfE AIR SYSTEMS INC ASBESTOS TESTING & ANALYSIS/INSULATION 559.00 REPAIR-WATER TREATMENT PLANT. 33274 ST CROIX RECREATION CO INC REPAIR PARTS fOR PLAYSTRUCTURE-ROUND LAKE 552.25 PARK. 33275 ST PAUL BOOK & STATIONERY CO OffICE SUPPLIES-CITY HALL/POLICE DEPT/ 288.81 fIRE DEPT/ANIMAL CONTROL DEPT/AfTERNOON PLAYGROUND PROGRAM/4TH Of JULY CELEBRATION/ARTS COMMISSION/POOL LESSONS. 33276 SANCO INC CLEANING SUUPLIES/CARPET CLEANER REPAIR-480.89 fACILITIES DEPT. 33277 KEVIN SCHMIEG OffICE SUPPLIES-BLDG INSPECTIONS DEPT. 19.95 2071113 AUGUST " 1995 11 • r AUGUST " 1995 VI 33278 SETON NAME PLATE COMPANY PLASTIC SEALS-POLICE DEPT. 34.90 33279 KERRY SETTEN-HOFFSTROM SERVICE-SAFETY CAMP INSTRUCTOR/FEES PAID. 264.00 33280 THE SHERWIN-WILLIAMS CO OIL STAIN~ATER DEPT. 6.91 33281 ALAN SHILEPSKY CONSULTING INC COMPUTER PROGRAM CONSULTATION SERVICE-105.00 FLEET SERVICES. 33282 SIGN SOLUTIONS INC CUSTOM SIGNAGE DIRECTORY STRIPS-COMMUNITY 96.96 CENTER. 33283 SIGNATURE CONCEPTS INC UNIFORMS-POLICE DEPT. 97.18 33284 SIGNUM GRAPHIC SYSTEMS INC REFLECTIVE DECAL TAPE-FACILITIES DEPT. 83.07 33285 SIMUNITION AMMUNITION-POLICE DEPT. 110.00 33286 SIR SPEEDY PRINTING CENTER PRINTING FORMS-ASSESSING DEPT. 84.84 33287 THE SKETCH PAD PRINTING CAFR BOOKS/COLLATED WITH TABS & 181.05 BINDINGS-FINANCE DEPT. 33288 SKYWAY TENT RENTAL INC STAGE RENTAL/STAGE TENT COVER RENTAL/TENT 1663.53 SIDEWALLS RENTAL/SKIRTING RENTAL/BANQUET TABLES RENTAL-4TH OF JULY CELEBRATION. 33289 PETER N SMITH SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 119.00 33290 W GORDON SMITH CO GAS/OIL/GREASE. 86.07 33291 SNAP-ON TOOLS CORPORATION EXTENSION TEST LEADS/SAW KIT-FLEET 198.09 SERVICES/STORM DRAINAGE DEPT. 33292 SNYDER DRUG OFFICE SUPPLIES/UNIFORMS-POLICE DEPT/FILM 121.89 PROCESSING-POOL OPERATIONS/COMMUNITY CENTER. 33293 SOUTHDALE YMCA 2ND QTR 95 DETACHED WORK PROGRAM-6250.00 COMMUNITY SERVICES DEPT. 33294 SOUTHWEST CONTRACTORS SUPPLY CAULKING GUN REPAIR/SAFETY GLASSES-STORM 21.28 DRAINAGE DEPT. 33295 SOUTHWEST SUBURBAN CABLE COMMISSI CITIES SHARE OF COSTS FOR TRANSFER OF 1000.00 OWNERSHIP BETWEEN TIME WARNER INC & HOUSTON INDUSTRIES. 33296 STRGAR ROSCOE FAUSCH INC SERVICE-PRESERVE BLVD & ANDERSON LKS PKWY. 2890.68 33297 STAR TRIBUNE EARLY SUNDAY PAPERS FOR RESALE-LIQUOR 18.98 STORE III. 33298 STAR TRIBUNE SUBSCRIPTION-FIRE DEPT. 96.20 33299 THE STATE CHEMICAL MFG CO CLEANING SUPPLIES~ATER TREATMENT PLANT. 346.45 33300 STATE OF MINNESOTA AIR TANK LICENSES/BOILER LICENSES~ATER 60.00 TREATMENT PLANT/OLD POLICE BLDG. 33301 STREICHERS PROFESSIONAL POLICE EQ UNIFORMS/BALLISTIC VEST/MOUTHPIECES-631.46 POLICE DEPT/FILTERS-FLEET SERVICES. 33302 SAVOIE SUPPLY CO INC MOTOR/DISPOSABLE BAGS/FILTERS~ATER DEPT. 105.70 33303 SWEDLUND SEPTIC SERVICE WASTE DISPOSAL SERVICE-OUTDOOR CENTER. 95.00 33304 SYSTECH SERVICES 911 SYSTEM REPAIRS-POLICE DEPT. 853.35 33305 TANK RE-NU OF MN GAS TANK-FLEET SERVICES. 125.48 33306 TARGET STORES FILM-POLICE DEPT/GIFT CERTIFICATES-SAFETY 263.00 INCENTIVE PROGRAM. 33307 STAN TEKEILA EXPENSES-OUTDOOR CENTER PROGRAM/CANOE 141.62 TRIP INSTRUCTOR-OUTDOOR CENTER PROGRAM. 33308 TELLUS CONSULTANTS INC SERVICE-HISTORIC PRESERVATION HANDBOOK. 5000.00 33309 THIRTY-THREE MINUTE PHOTO INC FILM/FILM PROCESSING-POLICE DEPT/ANIMAL 801.49 CONTROL DEPT/ASSESSING DEPT/FIRE DEPT/ SAFETY DEPT/COMMUNITY DEVELOPMENT DEPT/ PARK MAINTENANCE/OUTDOOR CENTER/ RECREATION ADMINISTRATION/SENIOR CENTER/ ADAPTIVE RECREATION DEPT/SENIOR AWARENESS WEEK. 2195318 MIr::IICT 1 100t:; 1? AUGUST 1, 1995 VI 33310 THOMPSON PUBLISHING GROUP ENVIRONMENTAL COMPLIANCE TOOL KIT-300.50 UTILITIES DIVISION. 33311 JEANE THORNE INC SERVICE-SENIOR CENTER. 363.30 33312 TIE SYSTEMS INC-MN PHONE EXTENSIONS RELOCATED-CITY HALL. 84.00 33313 TIERNEY BROTHERS INC OVERHEAD PROJECTOR REPAIR/BULB-COMMUNITY 149.48 CENTER. 33314 TOLL GAS & WELDING SUPPLY HELIUM-4TH OF JULY CELEBRATION. 306.46 33315 JIM TORNOE SUPPLIES-GOLF PROGRAM. 296.26 33316 TRAUT WELLS WASH WATER RECOVERY BASIN DISCHARGE LINE 6470.00 KENT AQUAPROBE METER-WATER DEPT. 33317 TRIARCO ARTS & CRAFTS INC CRAFT SUPPLIES-SPORTS/SPORTS CAMP PROGRAM. 37.06 33318 TRI-STATE PUMP & CONTROL INC SEALING FLANGE LUG/DIAPHRAGMS/BOLTS-SBWER 182.12 DEPT. 33319 LISA TURRETTA SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 187.00 33320 TWIN CITY TIRE FRONT END ALIGNMENT-FLEET SERVICES. 33.95 33321 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT. 219.15 33322 UNLIMITED SUPPLIES INC CARRIAGE BOLTS/LOCK WASHERS & NUTS-PARK 97.21 MAINTENANCE. 33323 OON URAM EXPENSES-COMMUNITY DEVELOPMENT DEPT. 29.30 33324 VESSCO INC YOKE VALVES/CONNECTION KITS/WEIGHBELT-3554.42 WATER DEPT. 33325 TRIA VIKESLAND MEETING EXPENSES-ADAPTIVE RECREATION DEPT. 17.64 33326 RICH OOHRMANN REIMBURSEMENT OF OUTDOOR CENTER RENTAL 69.00 FEE. 33327 VOL FIREMENS BENEFIT ASSN OF MN LIFE INSURANCE PREMIUM-FIRE DEPT. 272.00 33328 WAL-MART STORE 1855 POLAROID FILM-POLICE DEPT. 634.85 33329 WALTERS SWIM SUPPLIES INC 2 POOL SPLASH & SLAM BASKETBALL UNITS/ 1180.75 VOLLEYBALL CONVERSION KIT-POOL OPERATIONS. 33330 WATER SPECIALTY OF MN-INC LEAF SKIMMER/TELEPOLES/CHEMICALS/TEST 856.56 TABLETS-COMMUNITY CENTER. 33331 WATERPRO 1 IN 1000 GAL METERS/COPPERHORNS/5/8X3/4 31265.35 1000 GAL METERS/SWIVELS/TOUCH PAD UPGRADES/REPAIR CLAMPS/PRESSURE REGULATORS/PVC PIPE GASKETS/ADAPTERS/ PLUGS/MASONRY SAWBLADES/COUPLINGS/CEMENT/ POLY-LIFT LINE/SPLICE CONNECTORS/SLEEVES/ RODS/PVC PIPE-UTILITIES DIVISION. 33332 WBCS PRINTING FORMS-HERITAGE PRESERVATION 58.00 COMMISSION. 33333 WEATHER WATCH INC SERVICE-SNOW & ICE CONTROL-STREET DEPT. 195.00 33334 SANDRA F WERTS MILEAGE-SENIOR CENTER. 37.41 33335 WEST SUBURBAN MEDIATION CENTER 2ND QTR 95 SERVICE-COMMUNITY SERVICES 625.00 DEPT. 33336 JOEL WESTACOTT SOUND & VIDEO SERVICE-ARTS COMMISSION/ 1113.00 COMMUNITY SERVICES DEPT/EQUIPMENT RENTAL- 4TH OF JULY CELEBRATION/ARTS COMMISSION. 33337 THE WORK CONNECTION SERVICE-PARK MAINTENANCE. 3886.31 33338 YALE INC TIME DELAY TIMMER/CARBON DIOXIDE TANKS/ 1442.95 ACETYLENE TANK/OXYGEN TANK/FREON RECOVERY UNIT/VALVES/CHEMICAL STORAGE AREA CLIMATE CHANGER REPAIR/COMPRESSOR REPAIR-WATER DEP. 5396403 AUGUST 1, 1995 13. AUGUST 1, 1995 33339 ZACKS INC 33340 ZEE MEDICAL SERVICE 33341 ZIEGLER INC 11000 NORWEST BANK 11000 FIRST TRUST NATIONAL BANK 22000 MN DEPT OF REVENUE 22000 MN DEPT OF REVENUE 55000 MN DEPT OF REVENUE 32384 VOID OUT CHECK 32621 VOID OUT CHECK 32646 VOID OUT CHECK 32682 VOID OUT CHECK 32788 VOID OUT CHECK 32827 VOID OUT CHECK 81413430 AUGUST 1, 1995 VI RAZOR BLADES/RATCHET BINDERS/TIES/RUBBER GLOVES/REEL/EXTENSION PLUG-FLEET SERVICES. FIRST AID SUPPLIES-FLEET SERVICES/PARK MAINTENANCE/POOL OPERATIONS/COMMUNITY CENTER. GENERATOR REPAIR-CIVIL DEFENSE DEPT. BOND PAYMENTS. BOND PAYMENTS. PAYROLL 06-23-95. PAYROLL 07-07-95. JUNE SPECIAL FUEL TAX. 14. 476.15 157.58 130.55 119437.50 657120.95 18940.90 19117.88 232.40 655.56- 23.40- 493.89- 186.32- 33.44- 87.00- $1571502.09 To the members of the City Council: I've always believed in democracies, I've believed in being one who works with government and that what is good for the majority is usually best. The City Council meeting on July 18 brought that to an end. For over two decades Forest Hill Road has been a dead-end street. The last three months there has been discussion on whether it should go through to meet Baker Road. The residents, the developer, the city Planning Commission and the City of Eden Prairie staff have been trying to come up with a workable plan that would be agreeable to the majority. We thought we had reached an agreement until the City Council abruptly overturned recommendations from the city Planning Commission, the Park Board, the residents and the developer. This, based on the "feelings" of one person who hadn't even attended earlier meetings. We have been deceived. We were led to believe if we worked with the city to arrive at an agreement that all could live with, that it would be approved. The plan that had been approved unanimously by the Planning Commission would not have involved extending the street. But instead of accepting or rejecting, the City Council approved a completely different plan. Why should citizens participate if their input is ignored? Why have Planning Commissions, Park Boards etc. if their work is ignored? It seems every election we are promised honesty and responsiveness. Have you such short memories? What is the justification for this rash decision? July 26, 1995 Dear Mayor and Council members, We are extremely disappointed in your vote to extend Forest Hill and ask that you reverse your decision. Below are some of the items that should be reconsidered; 1.Eden Prairie supposedly loves its children. Our children are our concern. There are currently 18 children on this block, of that number 4 are under 6 years old. Traffic has always been a minimal concern for our children. Despite the best efforts of parents in a more trafficked area, children are often inattentive, disregarding potential dangers. How will Eden Prairie insure the safety of this vulnerable population? 2. The traffic study engineering alluded to was never presented to any residents. We'd like copies to ascertain if the conclusions are valid. Why was this done in the eleventh hour without it being disseminated to residents? Where has engineering been in the past three months? 3. The traffic study, only available after the meeting, had a major error. The study anticipated 15 single family dwellings in the new development. The new development has 19 single family dwellings, and an additional 20 homes to the south that will be developed in the near future. Why does the city engineering do traffic studies that are so short sighted? Why not consider full impact? 4. Engineering feels there is a need for an additional outlet from this area, "that occasionally a minority must suffer for the benefit of the majority". This is in fact not the case. There are 49 households directly affected (20 lots on Forest Hill Road, plus an additional 19 in the addition) while there are only 40 households if one adds all homes on Golfview, Kingston Drive and Holly Road. Of course, relatively few homes face these streets because they were designed as thoroughfares. How can you justify taking traffic off low population streets to increase it on high density streets? 5. Staff's responsibility is gathering information that represents both sides of an issue, not only information they believe will best represent their viewpoint. When talking to Mr. Gray on Wednesday, he stated that the traffic on Holly had not changed since 1974. He also said that Forest Hill was never metered although he had stated so in the City Council meeting. Staff should be less biased in their presentations! 6. Property values will be reduced by a potential $20,000-$40,000 because the street will no longer be a cul-du-sac. Is Eden Prairie going to lower our taxes since our property values will be less? In addition, the new development will be more attractive and carry a higher price due to less traffic in their area. 7. In order to meet grade at the bottom of the hill, lots on the end of the street will have to be severely changed; changing access to garages and possibly provoking expensive sewer changes. Will the Treanors, who have a level driveway, be compensated for their new grade? 8. By opening a route from Baker Road to Forest Hill Road the city has set- up a short cut to Valley View Road. How will the city prevent this from becoming a short-cut for non-residents? 9. Five residents on the north side of Forest Hill Road already have very steep driveways, which are very dangerous in winter. With the increased traffic, the accident potential is greatly increased. Does the city want that responsibility? 10. The City Council has repeatedly stated your concerns about emergency vehicles having access. After talking with George Bentley, I believe there is a solution agreeable to both the residents of Forest Hill and City Council. The solution is a bike path between Forest Hill and the new development that would also double as an emergency route. To prevent use by through traffic, arborvitaes would be planted on both sides of the bike path. In case of an emergency, they would be run over. 11. For over twenty-four years Forest Hills has been a cul-de-sac without any problems. This is a long established neighborhood and people purchased here because of the cul-du-sac. Since Edenvale is completely developed except for the area under consideration the current traffic should be stable and the current exit pattern adequate. 12. The residents of Edenvale, which includes Golfview, Green View, Sundial Court, Vale Court, Wedgeway Court, and Forest Hill have overwhelmingly rejected the plan connecting Forest Hill to the new development. The petition will be available at the City Council meeting. 13. The traffic problem on Kingston Drive will not be reduced if Forest Hill is connected. I have talked to many residents in the area and do not believe that their driving patterns will be changed. The net result will be two problems areas instead of one. 14. This week a family with three children, under the age of six, moved into our neighborhood. The ad that was used to sell the home stated that the house was on a cul-du-sac. Mrs. Pidcock said that the city has always placed signs at the end the street notifying people that the street is planned to go through. We've never seen it. Regardless of the outcome of Forest Hill, this sign should be place at every street the city plans to extend. 15. The vote on July 18 was based on a principle that streets planned to go through, must follow the plan. If the City Council makes their decisions assuming that one shoe fits all, then what is the need for a Council? The city manager could simply follow those principles. Many people say that government does not work. City government is the smallest government and presumably the most responsive. If city government can't make a decision based on the facts of each case, then maybe government does not work! 16. Eden Prairie has always given residents the impression that if the residents work with the city that the City Council would take that advice. How will the City Council get our trust back? Obviously, this is a summary of the concerns and there is much more discussion that can be made. We ask that you re-open the discussion and change your vote to cul-de-sac Forest Hill Road. Forest Hill Residents DATE: CITY COUNCIL AGENDA August 1, 1995 SECTION: Reports of Advisory Committees DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Senior Issues Task Force First Quarterly Report of IX. A Admin. --c. Dawson the Senior Issues Task Force Requested Action: The Senior Issues Task Force will present its first quarterly report to the City Council. City Council should provide comments on the Task Force's work and give any additional direction it believes to be necessary. Back&round: In its instruction to the Senior Issues Task Force, the City Council requested quarterly reports of the Task Force's progress. The activities and initial impressions of the Task Force are highlighted in a succinct three-page report (attached). It is obvious that much work remains to be done, but the parameters of the Task Force's work and the amount of study yet required are becoming apparent. Scope of Study: The Task Force has decided its focus should be strategic: What will be the needs of seniors in the year 2020, and how can the community position itself to respond to the likely needs of the variety of senior populations? Any immediate and near-term senior issues should be dealt with secondarily. Key Strategic Issue: One key question has become apparent which will drive much of the future activity of this community: To what extent does the Eden Prairie community want to accommodate a senior population? Co-chair Bette Anderson will present the report to the City Council. Several members of the Task Force are also expected to be attending the Council meeting. Supporting Information * Memorandum from the SITF: First Quarterly Report (August 1, 1995) SENIOR ISSUES TASK FORCE Eden Prairie, Minnesota TO: Mayor and City Council FROM: Senior Issues Task Force DATE: August 1, 1995 SUBJECT: First Quarterly Report of the Task Force In its charge to the Senior Issues Task Force (SITF), the City Council listed an expectation that the SITF would provide the Council with quarterly reports. This report is the first of these communications. It will highlight the progress made thus far, and indicate some of the initial policy directions that the SITF will be exploring. 1. Commission membership: Serving on the Task Force are co-chairs Bette Anderson and Ron Case, Melissa Beckmann, Dick Brown, Barbara Buehl, Marvin Cofer, Bill Jackson, Pat Nash, and Sandy Werts. Staff assistance is provided by Craig Dawson, assistant to the city manager, and Esther TenEyck, recording secretary. The Council had originally appointed Jim Biwer to the SITF, but he resigned due to schedule conflicts. Melissa Beckmann, who serves on the Human Rights and Diversity Commission and who also has a background in gerontology, replaced him on the SITF. 2. Refinement of the Focus of Study: Task Force members decided early that their focus would be strategic: what would be the needs of seniors in the year 2020, and how could the community position itself to respond to the likely needs of the variety of senior populations? Any immediate and near-term senior issues would be dealt with secondarily. Task Force members are excited about the opportunity to be involved in developing a long-range planning strategy. 3. SITF Work Thus Far: Aside from gaining agreement on the refmed focus for the group's final product, most of the SITF's activity has been in gathering information from a number of resource speakers. Persons who have addressed the SITF thus far include: * * * * Jeanne Massey, Director, South Hennepin Regional Planning Agency (SHeRPA) Merle Gamm, Executive Director of Business Services, Eden Prairie Independent School District No. 272 Kate Houston, Planner, Metropolitan Area Agency on Aging Mike Franzen, City Planner, City of Eden Prairie These speakers have helped to identify demographic trends, expectations about future development of the community, and the changing approaches of other governments and institutions toward the needs of seniors. Senior Issues Task Force First Quarterly Report August 1, 1995 Page Two 4. Preliminary Impressions: The SITF is and will be digesting the information gained during its first seven meetings. Several themes have become apparent during the SITF's discussions thus far: a.) Seniors are not a homogeneous bloc. Clearly, there are three basic stages of the senior population: an active, vibrant senior; the elderly who have started to slow down and need some assistance; and the frail elderly. People progress through these stages, and there is no set ages at which these stages occur (indeed, some people may be frail before they become seniors). b.) The senior population will be growing, both in absolute numbers and as a percentage of the population. This will be true in Eden Prairie, but some additional study of our demographics will need to be done to estimate what our numbers will likely be. c.) If we were to project today what patterns of senior residence we would likely see in Eden Prairie, it would be a blend of the experiences of Richfield and Edina. Richfield, which developed over a relatively short period of time, and whose housing and population matured within a brief period, has a housing stock that permits many seniors to continue living in the same residence. In Edina, alternative housing such as apartments has been provided to permit a large senior population to remain in Edina by moving from larger homes within the community. d.) The expectations of seniors in how they approach life, what activities they wish to pursue, and how they are involved in the community are likely to be different in 2020 than they are today. e.) The needs of senior populations have not been a factor in much, if any, of the planning of Eden Prairie thus far. f.) Housing options will be important to accommodate the needs of older residents if the community wishes to retain its senior population. g.) Governmental and institutional approaches to senior issues have focused on health and medical needs of this segment of the popUlation. A greater sensitivity to hearing and addressing the broader concerns such as information, social service needs, and involvement opportunities will allow seniors to enjoy more satisfactory lives within this community. Senior Issues Task Force First Quarterly Report August 1, 1995 Page Three h.) Clearly, changes are ahead in the roles of government agencies, institutions, and non- profit organizations in addressing senior issues. The system in the Twin Cities is large, decentralized, and rife with overlap and duplication (the Area Agency on Aging counted over 1,000 organizations involved in delivering senior services when compiling its Generations Project report in 1994.) Providers involved in the system are well-intentioned, but do not participate as part of an overall strategy, making access to appropriate services difficult and unnecessarily complex and uncoordinated. 5. Preliminary Strate~ic Issues: One major strategic issue has arisen which drives several related issues. To what extent does the Eden Prairie community want to accommodate a senior population? Related issues become: * * * Does the community want to be proactive in welcoming a large senior population, or does it want the private market to determine how large of a senior population will choose/continue to live in Eden Prairie? How should the City better integrate its housing, transportation, emergency services, zoning and land use policies to align with the likely needs of older populations? Access to social services and medical services? What social infrastructure can the community/City encourage to be developed to meet the expectations/needs of senior residents? 6. Upcomin~ Work: The Task Force expects to delve into these issues further. Tasks on the immediate horizon include estimating the likely sizes of senior populations in 2020, and assignment of SITF members to teams in order to develop some internal expertise on various topics. The SITP will also plan to meet with focus/discussion groups in order to gain some qualitative data on the expectations of seniors and those who will be seniors at different points in the future. 7. Publicity: The SITF's activities have been featured in both of the local newspapers. Letters were also sent to organizations likely to be interested in the work of the SITF. Several visitors from these organizations have attended SITF meetings. Continuing publicity of our activities is planned. DATE: CITY COUNCIL AGENDA August 1, 1995 SECTION: Reports of Officers/City Manager DEPARTMENT: ITEM D~CRIPTION: ITEM NO. Admin--Carl Jullie 1994 Financial Reports Finance--John Frane XI. B. 1 Requested Action: It is recommended that the City Council accept the 1994 Financial Reports. Back&round: Minnesota Statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. This accounting report was forwarded to the State by the deadline. Preparation of the report is largely the work of the Finance Department. The report is prepared with review by the independent auditing firm of Fox, McCue & Company. A representative of the auditing firm will make a presentation of the significant findings from compilation of the financial report. In general, the City's financial conditions and practices are sound. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8/1195 SECTION: Director of Parks, Recreation and Facilities ITEM NO. XI. Cl DEPARTMENT: Parks, ITEM DESCRIPTION: Arts Center Options Recreation and Facilities Robert A. Lambert~ At the July 11 Council meeting there was an extensive discussion on the options available to the City for providing a "home for the arts"in Eden Prairie. The Council may wish to further evaluate some of the options that were mentioned at that meeting. During the last two years, throughout the discussion and evaluation of needs in Eden Prairie, citizens repeated the necessity for any private arts group to develop a partnership with the City and with the School District in order to address all of the needs in the area of the arts. The School District will be giving citizens an opportunity to vote on a high school expansion this fall. One of the questions on that referendum will be to provide a significant expansion in the facilities serving the performing arts. If that facility is approved, the community could have access to a great facility for community theatre, musical performances, etc. The Arts Commission will remain an integral part of the partnership that provides arts to the community. It will be important for the Arts Board to work with the School District and with the City in order to provide a full range of opportunities for Eden Prairie residents in the area of the arts. The Staring Arts Board has indicated their focus will be on visual arts. Many questions were raised at the July 11 meeting regarding spaces available in other City facilities at this time, as well as potential for future expansion, or providing "first class facilities" at a larger scale. ARTS CENTER OPTIONS: Police Building The unoccupied former police building was suggested as a possible alternate site for a Center for the Arts. This building costs the City $250,000 a year in debt service and is being held pending a Council decision on whether or not this will be a future fire station or sold for private use. This would be an extremely expensive building to be dedicated for the arts, as it would take some major renovation in order to make this facility an efficient building for providing programs in the arts. Senior Center The City recently completed renovation of the upper level of the Senior Center to provide the seniors with the opportunity to expand programs and services at that facility. Although, the seniors occasionally use each of the spaces in that building, there is a great deal of unused time in each of the spaces, especially in the evenings and weekends. This facility does have the potential to provide an interim use for arts programs until senior programs and services would eventually push those programs out of this space. The first priority for use in this facility should remain serving senior programs and services. 1 City Center The City Center also provides potential for some programs in the arts such as gallery space, facilities to accommodate guest artist speakers, and other "one time" events. It would not be a good space for ongoing programs as there is no storage area for materials and it is relatively difficult to schedule any of the Heritage Rooms for long term use due to the high demand for use of those rooms by the public. Staff does anticipate that with the growth ofthe C.H. Robinson Company, eventually they will terminate their lease and have to move to a larger space. If, and when, that happens there is a great deal of potential for an excellent Arts Center in a portion of that space. This may be ten years or more in the future. Southwest Metro Transit Hub Southwest Metro has a 23 acre site and will have parking for approximately 900 cars. There is potential on this site for a future Arts Center by designating one of the wings on the transit hub building as an Arts Center. The Southwest Metro staff are in the very early stages of planning the building that will serve as the Transit Hub. Diane Huberts has expressed a strong interest in working with the City to determine how an Art Center could be incorporated into the Transit Hub. This location may have some real benefits with the plans for utilizing the transit facility for art fairs, farmers market, and other large gatherings on weekends. This facility is also in the T.I.F. District and the City might be able to utilize that as a funding source. Boyce House in Staring Lake Park The Boyce house provides an opportunity for a community Arts Center that would be on a scale similar to the arts centers provided in Bloomington, Edina, and other communities in the region. This facility would be adequate for providing visual arts at the community level for a number of years depending on the growth of the program. This building has very limited potential for public recreational use other than a Center for the Arts due to its design and construction. The estimated cost for renovation of both levels is $354,000, plus the cost of a future elevation and any additional site work such as parking facilities and connecting to City sewer service. It is rather easy to see that this site will eventually cost in excess of $500,000. The major question on this site is whether or not the City should invest that amount of money on trying to renovate a house into an Art Center, or should the City start with a new building designed as an Art Center. The Director of Building and Inspections has several concerns with renovating this building. Eden Prairie Center: In recent discussions with the regional manager for Homart Shopping Center it is apparent that the company is interested in developing a community focus at their shopping center. They are also working to obtain additional major tenants. Representatives of Homart are interested in discussion regarding the potential of developing community facilities such as an Art Center at the mall. It might be good for the Eden Prairie Center to have a Community Arts Center located there to encourage citizens to think of that facility as a focal point of the community. An Arts Center in that location would also have a great deal of exposure to thousands of people each year, and would have the potential of providing an exceptional facility serving visual arts. The Eden Prairie Center is located within the tax increment finance district and T.I.F. funds may be available for financing an Art Center in this location. 2 OTHER CONSIDERATIONS: The City is facing serious operating budget concerns over the next ten years. Staff have been asked to evaluate which existing services could be reduced or eliminated. If the Council is going to support developing any additional facilities providing new services for which the City could have any fmancial obligations, the revenue sources that cover operational costs should be evaluated very carefully to ensure they are controllable and predictable. RECOMMENDATION: Staff would recommend the City Council consider approving the Arts Center concept at this time; however, the City's budget for improving the Boyce house (if that is the site) will require $40,000 from the Foundation in order to complete the ftrst phase of this project. Staff would recommend delaying the actual construction of the project until the Foundation can provide the $40,000 necessary to complete the project, and in the interim allowing the Staring Arts Board to use a portion of the Senior Center as a base for operations until their $40,000 matching funds are raised. This action would give the Staring Arts Board the ability to say that they do have City support and would give them a base of operations to provide programs and services in the area of visual arts during the fund raising process. Staff would further recommend additional investigation of the feasibility of developing a Center for the Arts at the Transit Hub and the Eden Prairie Center, two sites with tremendous potential for providing services and programs for the arts in Eden Prairie. Staff believe that it is critical for the Arts Board to work extremely close with the Senior Board regarding use of the Senior Center. It will take some coordination to ensure the arts programs and services offered at that facility would not infringe on the seniors' use of the Center, but would enhance the program and services available to the seniors. BL:mdd Options/Bob2 3 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8/1/95 SECTION: Consent Calendar ITEM NO. XI.t;;. DEPARTMENT: Parks, ITEM DESCRIPTION: Parks, Recreation and Natural Resources Recreation and Facilities Commission Recommendation Regarding Hockey Association Proposal for Robert A. Lambert (W-Indoor Rink/Shelter Building BACKGROUND: The Parks, Recreation and Natural Resources Commission reviewed the proposal from the Hockey Association that the City consider constructing an Indoor Rink/Park Shelter Building in either Miller Park or Riley Lake Park at their July 17 meeting. Commission Members commended the Hockey Association for initiating discussions attempting an innovative means to meet continuing demands for indoor ice. Several of the Commission members indicated that they were very uncomfortable supporting the construction of such a large facility at any of the sites proposed. The Commission also indicated that while skaters are one of the few recreational groups that pay a significant fee for the use of facilities, this proposal would still require a significant subsidy after operational costs are met. The second rink at the Community Center has only been in operation thirty months and there are many other special interest groups that have significant needs at this time. The Commission concurred with the staff suggestion that the most practical location for a third rink is probably attached to the existing Community Center where the staff and equipment are already on-site. RECOMMENDATION: The Commission recommended that the City ensure that the School District expansion program does not eliminate the option of adding a third rink in that location, and suggested the City strongly consider adding additional outdoor hockey rinks in the near future. The existing Five-year Capital Improvement Program (CIP) depicts adding a hockey rink and skating rink at Miller Park in 1996, and a hockey rink and skating rink at the Crestwood Neighborhood Park south of County Road 1 in 1998, or as soon as water and sewer services are extended to that location. Considering the initial discussions with staff regarding the CIP and the overall ten-year forecast for the general fund, the Commission dtd-not believe the City could consider a third rink for several more years. proprinklBob2 1 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8/1/95 SECTION: ITEM NO. DEPARTMENT: Parks, ITEM DESCRIPTION: Hockey Association Proposal for Indoor Recreation and Facilities Rink/Park Shelter Building Robert A. Lambert BACKGROUND: Early this year, Pete Rose and Walt Paulson from the Hockey Association, asked to meet with me to discuss the possibility of constructing a third artificial rink in Eden Prairie. They wondered about the possibility of a multi use structure in Miller Park. The facility would be used for indoor ice from mid- October to mid-March and as a park shelter the rest of the year. The initial thoughts were for a portable rink system in a relatively spartan building. Staff indicated that the City has relatively high standards for any buildings constructed in the City, including City parks. I suggested they consider hiring an architect to develop some concept plans and to allow the architect to work with City staff regarding two or three sites within the City park system that may work to accommodate that type of building. In February, staff met with Pete, Walt and Del Erickson to discuss the concept and to provide Dell with a site plan for Miller Park to evaluate several potential building sites. By early March we narrowed the possible sites down to two locations in Miller Park and a third location in Riley Lake Park. Del developed schematic site plans for each of those locations along with cost estimates for the concept building. A metal framed building would cost approximately $900,000; whereas, a wood framed building would cost approximately $1.2 million dollars. In a meeting in April with Walt Paulson and Del Erickson, staff discussed the City capital improvement plan that projected approximately $200,000 to $250,000 dedicated toward a park shelter at Miller Park and about the same amount of money dedicated toward a park shelter at Riley Lake Park. Staff indicated that if a design could be chosen that would meet the demands of a park shelter and could also be used as a skating rink in the winter months, staff would support dedicating that amount of money toward the building. Staff further discussed the amount of revenue that could be generated from selling ice time for five months of the year. Walt estimated that the City could charge as much as $80 per hour for ice time in a sheltered but unheated facility. If that is the case, staff believe the revenues from the sale of prime time ice only during that five month period would be enough to payoff revenue bonds of $700,000; however, staff indicated that any proposal for a third rink should generate sufficient revenue to cover operation and construction costs. COST ANALYSIS: Attached to this memorandum is a memorandum from Dave Black, Community Center Operations Supervisor, with a brief analysis of an operating budget based on 1,000 hours of ice time sold at $80/hour (the Hockey Association has committed to purchasing 1,000 hours of ice time from this -J. - facility). The estimated annual expenses for operating this facility would be $60,000. The net proceeds toward paying off the construction costs would be $20,000/year, which would pay for less than $250,000 of the construction costs, if the facility was constructed using revenue bonds. A summary of the cost estimates from Del Erickson is also attached. If the City committed $250,000 of cash park fees toward this project, the City would have to sell $800,000 of revenue bonds to fund the balance of the construction of this building and the initial capital outlay for providing equipment, etc. The total amount of revenue it would take to fund the operational cost and payoff the construction costs would be approximately $75,000 a year to payoff the $800,000 of revenue bonds and $60,000 a year to payoff the operating budget for a total of $135,000. At $80/per hour, the City would have to sell 1,687 hours of ice time. Staff believe that a conservative estimate of the amount of prime ice time that could be sold in a five month period in an unheated building for $80/hour is approximately 1,000 hours. SITE PLAN EVALUATION: Staff evaluated three locations for this park shelter. The first location was in Miller Park immediately west of the baseball field and north of the future 212 right-of-way. This site is located between two ponds and is extremely tight for a facility of this size. A parking lot accommodating 28 cars could be developed; therefore, the majority of the users would have to walk from the parking lot serving the baseball field or the parking lot further west serving the picnic are. Both of those parking facilities are located over 800 feet from this facility, which may seem like a long walk on cold winter days. The second site in Miller Park was in the wooded area in the location of the park shelter that will serve the entire park. Staff believe that this is an extremely large facility to try to fit into that space and would not recommend that location. The third location was Riley Lake Park. This site is also relatively tight for this large facility, but the building could be fit on to the pad that is proposed for a future park shelter. Some of the pros for considering this site are as follows: 1. A site pad is already prepared that would accommodate the building. 2. The facility in this location provides a large indoor recreation facility in the southern half of the community. 3. The building could be used by the recreation program for a base for summer camps. (Riley Lake Park with a swimming beach, lake, ballfields, tennis courts, volleyball courts, and trails could accommodate many of the existing summer camp programs with the addition of a large shelter facility.) 4. The park shelter of this design could accommodate indoor basketball, volleyball, pitching machines, in-line skating, concerts, dances, garage sales, special events, card shows, art festivals, flower shows, and rentals for large groups. -.3- 5. This type of park shelter would provide some income (not all the income required) and would provide a facility that would help meet the demand for indoor skating facilities. Some of the concerns relating to this facility are as follows: 1. This is an extremely large metal building that is difficult to fit into any of the existing park sites because a building of that size was never planned in the initial park development site plan. 2. The parking requirements for this facility would be a problem at Miller Park due to the location and would probably be adequate in Riley Lake Park for winter use, but would more than likely be inadequate for the summer use when large groups are using the facility at the same time large numbers of residents want to use the swimming beach and other recreation facilities at the Riley Lake Park. (There is only 200 car parking at Riley Lake). BUILDING DESIGN REVIEW: The Building Inspections Department has given a brief review of the schematic plan and have indicated that the skating complex would be a "A-4 Occupancy" and would not be required to be sprinkled; however, construction of the building would need to be of a type 2-N, meaning the building would be totally non combustible, eliminating the use of canvas on the enclosed sides unless it is fire resident. The staff also had questions regarding the roof system (they recommended it be insulated to minimize condensation). Staff also had questions or comments regarding the ventilation system, regarding concern for minimizing condensation and excess humidity when the sides are closed. Other concerns that would have to be addressed during final design relate to soil composition and the problem with frost heave of the structure, protecting the foundation without heating of the structure, use of a separate foundation for heated portions of the structure, etc. None of the comments from the Building Inspections Department present any design problems that cannot be solved. The largest design question may be the question of a metal building of this size and scale located in this park. The structure is essentially a metal roof that will have some block wall exterior; however, the majority of the building will be open during most of the year. If this project is considered feasible by the Parks, Recreation and Natural Resources Commission, the Planning Commission will have to review the project proposal. NEED: Representatives from the Hockey Association will be in attendance to discuss the need for additional ice time with the Parks, Recreation and Natural Resources Commission and the City Council. The Hockey Association, the Figure Skating Club, and the high school basically utilize all of the ice available at the two indoor rinks at the Community Center at this time. The School District presently has approximately 2,100 students in the high school and project an ultimate number of slightly over 3,000 students when Eden Prairie is fully developed. The State High School League recently authorized girls hockey as an interscholastic sport, and Eden Prairie High School will field a team next year. It -tf- is safe to say that the City of Eden Prairie could easily sell all of the prime time ice available in a third rink from October through March and demand for a third rink will continue as our population grows. Bloomington presently has three indoor rinks and the cities of Edina and Minnetonka are both discussing plans for construction of third rinks in those communities. Other communities are building new rinks. Innver Grove Heights will be opening a double rink complex in the near future and Eagan is planning the development of their fIrst rink at this time. Last week, I met with an individual who was discussing the feasibility of a private developer constructing a two and one half rink complex in the west metro area as a privately owned complex. Several communities have offered that developer free land if they would develop the complex in their community. All these facts lead one to believe that the demand for indoor ice will continue to rise and the City should plan for a location for a third rink sometime in the future. Whether or not Miller Park or Riley Lake Park is an appropriate location is up to the Parks, Recreation and Natural Resources Commission and the City Council to decide. CONSIDERATIONS: After reviewing the ten year budget projections for the City over the last few weeks, staff is extremely reluctant to recommend the development of any new recreation facilities that will not cover the operating costs and construction costs at this time. Staff does believe that there is a need for a third rink and there will be a greater need as the City continues to grow. Staff also commend the Hockey Association for proposing a multi use facility that could be used year round and by a wide variety of citizens. Staff requests input from the Parks, Recreation and Natural Resources Commission regarding this type of structure, a recommendation for the site, and a recommendation on whether or not a third ice rink should have to pay its operating costs and construction costs in order to be feasible. The most practical location for a third rink may be attached to the existing building. The staff and equipment are already on site and there would be sufficient parking if the high school expansion is approved. The existing expansion plan for the Community Center depicts a double gymnasium and a future outdoor water park. It is unlikely that those facilities could be accommodated along with a third rink on that site without the additional parking facilities proposed by the high school expansion plan. The third rink would most likely need to be expanded on property presently owned by the School District; however, staff would anticipate being able to negotiate redefined boundaries with the School District on that site to accommodate a Community Center expansion. Staff would also recommend City Council and School District encouragement of the State to require separate seasons for girls hockey and boys hockey (similar to girls and boys swimming, and girls and boys tennis) to make the maximum use of the limited number of ice arenas throughout the State of Minnesota. There is no practical reason to assume that hockey must be played during the winter when all of the interscholastic games and practices are on indoor ice. BL:mdd -HAProp.memo/Bob2 -5- Date: May 5, 1995 To: Bob Lambert From: Del Erickson Project: Commission No~ 9505.1 Re: Riley Park Skating Shelter Cost Analysis -Final Scheme ("Bam" Scheme) Concept E-3 Div. l' General Conditions 2 Site (building only) 3 Concrete 4 Masonry 5 Steel 6 Wood Carpentry 7 Weather (included sky & awning) 8 Doors and Windows 9 Finishes (no skate tile) 10 -Specialties -(reduce toilets) 13 -Rink System 15 -Mechanical (no rad -red toilets) 16 -Electrical (no site) Construction Cost Total Park Building Share Net Hockey Association -IQ- ~ [)El~~O E~ICKSON ARCHITECTS 7415 WAYZATA BOULEVARD MINNEAPOLIS MN 55426 612 -544-8370 $ 74,000 38,500 127,000 37,500 192,500 20,000 71,000 19,500 19,500 15,500 210,000 48,000 52,000 $925,000 225,000 $700,000 Riley Park Skating Cost Analysis -Alternative Schemes Concept E.I -Total Estimate (Uses Modified Scheme D) 1,296,000.00 -148,500.00 -11,000.00 -16,200.00 -4,000.00 -15,000.00 -19,300.00 ( 214,000.00) Concept E.2 -Total Estimate (Uses Modified Scheme C) 1,076,000.00 -62,500.00 -29,000.00 -9,500.00 -16,000.00 -15,000.00 ( 132,000.00) 9505.1 5-5-95 $1,100,000.00 3/20/95 Estimate All Steel Construction Site Work -Outside Building Skate Tile (runners) Wood Stain Rad. Heat General Conditions Net: $1,082,000.00 $950,000.00 3/20/95 Estimate All Steel (no sp. wet roof) Omit Site Work Outside Building Omit 12 Doors Omit Skate Tile (Runners) Omit Rad. Heat Net: $944,000.00 Miller Park Skating Cost Analysis -Alternative Schemes Concept C -Total Estimate Building Only General Construction Mechanical and Electrical Construction 5 Month Hockey Association Share Ih Building Cost Ice-Related Cost 7 Month Public 1/2 Building Cost Concept D -Total Estimate Building Only Wood/Steel Premo . 5 Month Hockey Association Share 9505 4-3-95 $751,500.00 640,500.00 111,000.00 $375,750.00 324,500.00 $375,750.00 $971,500.00 ( 178,500.00) V2 Building Cost -Wood Premium $485,750.00 -$178,500.00 = $370,250.00 . -Ice-Related Costs = $324,500.00 7 Month Public Share V2 Building Cost & Wood Premium $485,750.00 + $178,500.00 $1,076,000.00 $ 700,000.00 $ 376,000.00 $1,296,000.00 $ 632,000.00 $ 664,000.00 Estimated Ice Season Pro-Forma Operating Costs (Ice Season Only) Utilities Supplies Contract Services, Building Maintenance Maintenance Equipment Insurance (building & liability) Salaries Full Time (6 Month) $30,000.00 + $10,000.00 +-2 Part Time (weekends) 11/2 x 32 = 48 x $13.00 x 20 Total Expenses (City Verify) Ice Only $ 20,000.00 5,000.00 10,000.00 5,000.00 7,500.00 20,000.00 12,500.00 ($80,000.00) Income -Ice Rental $120,000.00 October 15 -March 15 (21 weeks, 22 weekends) Hockey Prime Time -970 hours x $100.00 = $ 97,000.00 4 day, 20 hours x 21 weeks = 420 hours 13 Saturday + 12 Sunday, 25 hours x 22 weekends = 550 hours H.S.-Sen. None Prime (maintained) 462 x $50.00 = $ 23,000.00 2 weekl4 day, 22 hours x 21 weeks = 462 Public Free (non-maintained) 25 hours x 21 weeks = 525 Net Income For Bond (Ice) = $ 40,000.00 -tJf- ---------------------------- Building Uses/Seasons Ice Time Breakdown Weekday N.P. 2:30 to 4:45 pm - 2 hours N.P. 5:00 to 6:00 pm - 1 hour Prime 6: 15 to 11 :00 pm-4 hours N.P. 11: 15 to 12: 15 pm - 1 hour No Maintenance Free 9:00 am to 2:00 pm - 5 hours Weekend Hockey Saturday -7:15 am to 11:15 pm -13 hours Hockey Sunday -7: 15 am to 10:00 pm -12 hours NonPR Saturday -11:15 to 12:15 pm - 1 hours Sunday -10:15 to 11:15 pm - 1 hour Non-Skating Revenue ..• -Picnic Shelter, 12 weekends = 24 uses • Roller Blade Skating = 30 weeks • Basketball = 4 courts x 20 weeks • Tennis = 1 court -Spring/Pall • Batting Cages = 5 to 8 cages -Spring • Plea Markets • Jamborees -Scouts • Dances/Concerts • Competitions/Tournaments -/i)- I MEMORANDUM . TO: Parks, Recreation & Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation & Facilities FROM: Dave Black, Operations Supervisor DATE: July 12, 1995 SUBJECT: Report on Indoor Ice Schedule for 1995 -96 Season RECOMMENDATION Staff recommends the acceptance of the 1995 -96 ice use schedule allocation for EPHS, HAEP and EPFSC use time October 30 1995 through March 31, 1996 based on the attached Ice Use Comparison Report. BACKGROUND When the second ice sheet was added to the Community Center the HAEP (Hockey Association of Eden Prairie) and EPFSC (Eden Prairie Figure Skating Club) have been able to fill most of their ice rental needs with ice rented from the Community Center. Beginning with the 1995 -96 season, Eden Prairie High School is offering Girl's Hockey as a Varsity and Jr.Varsity sports program and using ice time similar to the Boy's Hockey program. The Girl's Hockey program will begin on October 30,1995 and run until February 15, 1996. The Boy's Hockey program will begin November 13, 1995 and run until March 10, 1996. In light of the each Eden Prairie High School team's schedule, their will be changes in the times when HAEP and EPFSC can begin using the ice on week days and some Saturdays. ANALYSIS Staff have reviewed last seasons' schedule with both HAEP and EPFSC and concluded that the normal distribution of ice time hours for each group was workable for the number of participants each organization had at the present time. The schedule for the past season is listed on the attached Ice Use Comparison report. When reviewing the impact of having two High School programs with similar seasons, staff indicated there are 22 weekdays where EPHS (Eden Prairie High School) is using the ice simultaneously until 5:45 pm on week days. -/8- ICE USE COMPARISON REPORT COMMUNITY CENTER DAILY ICE ARENA USE FOR DAYS WHEN BOTH EPHS TEAMS PRACTICE WEDNESDAYS OTHER WEEK DAYS 1994-95 SCHEDULE PROPOSED 1995-96 SCHEDULE PROPOSED 1995-96 SCHEDULE Main Olympic Main Olympic Main Olympic 2:00 pm 2:15 pm 2:30 pm 2:45 pm 3:00 pm EPHS EPHS EPHS EPHS EPHS 3:15 pm EPHS EPFSC EPHS EPHS EPHS EPHS 3:30 pm EPHS EPFSC EPHS EPHS EPHS EPHS 3:45 pm EPHS EPFSC EPHS EPHS EPHS EPHS 4:00 pm 4:15 pm EPHS EPFSC EPHS EPHS EPHS EPHS 4:30 pm EPHS EPFSC EPHS EPHS EPHS EPHS 4:45 pm EPHS EPFSC EPHS EPHS EPHS EPHS 5:00 pm EPHS EPFSC EPHS EPHS EPHS EPHS 5:15 pm EPHS EPFSC EPHS EPHS EPHS EPHS 5:30 pm EPHS EPFSC EPHS EPHS EPHS EPHS 5:45 pm 6:00 pm HAEP EPFSC HAEP EPFSC HAEP EPFSC 6:15 pm HAEP EPFSC HAEP EPFSC HAEP EPFSC 6:30 pm HAEP EPFSC HAEP EPFSC HAEP EPFSC 6:45 pm HAEP EPFSC HAEP EPFSC HAEP EPFSC 7:00 pm EPFSC EPFSC EPFSC 7:15 pm HAEP EPFSC HAEP EPFSC HAEP EPFSC 7:30 pm HAEP HAEP HAEP EPFSC 7:45 pm HAEP HAEP HAEP HAEP HAEP EPFSC 8:00 pm HAEP HAEP HAEP HAEP HAEP 8:15 pm HAEP HAEP HAEP 8:30 pm HAEP HAEP HAEP HAEP HAEP HAEP 8:45 pm HAEP HAEP HAEP HAEP 9:00 pm HAEP HAEP HAEP HAEP HAEP HAEP 9:15 pm HAEP HAEP HAEP HAEP HAEP 9:30 pm HAEP HAEP HAEP 9:45 pm RENTAL HAEP RENTAL HAEP RENTAL HAEP 10:00 pm RENTAL RENTAL RENTAL HAEP 10:15 pm RENTAL RENTAL RENTAL RENTAL RENTAL HAEP 10:30 pm RENTAL RENTAL RENTAL RENTAL RENTAL 10:45 pm RENTAL RENTAL RENTAL 11:00 pm RENTAL RENTAL RENTAL RENTAL 11:15 pm RENTAL RENTAL 11:30 pm RENTAL RENTAL 11:45 pm RENTAL FOR SATURDAYS THE SCHEDULE WILL BE AS 1994-95. HAEP WILL NOT RUN TOURNAMENTS OTHER THAN THANKSGIVING AND NEW YEAR'S WEEKENDS. -d).O - MEMORANDUM . TO: Parks, Recreation & Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation & Facilities FROM: Dave Black, Operations Supervisor DATE: July 12, 1995 SUBJECT: Report on Indoor Ice Schedule for 1995 -96 Season RECOMMENDATION Staff recommends the acceptance of the 1995 -96 ice use schedule allocation for EPHS, HAEP and EPFSC use time October 30 1995 through March 31, 1996 based on the attached Ice Use Comparison Report. BACKGROUND When the second ice sheet was added to the Community Center the HAEP (Hockey Association of Eden Prairie) and EPFSC (Eden Prairie Figure Skating Club) have been able to fill most of their ice rental needs with ice rented from the Community Center. Beginning with the 1995 -96 season, Eden Prairie High School is offering Girl's Hockey as a Varsity and Jr.Varsity sports program and using ice time similar to the Boy's Hockey program. The Girl's Hockey program will begin on October 30,1995 and run until February 15, 1996. The Boy's Hockey program will begin November 13, 1995 and run until March 10, 1996. In light of the each Eden Prairie High School team's schedule, their will be changes in the times when HAEP and EPFSC can begin using the ice on week days and some Saturdays. ANALYSIS Staff have reviewed last seasons' schedule with both HAEP and EPFSC and concluded that the normal distribution of ice time hours for each group was workable for the number of participants each organization had at the present time. The schedule for the past season is listed on the attached Ice Use Comparison report. When reviewing the impact of having two High School programs with similar seasons, staff indicated there are 22 weekdays where EPHS (Eden Prairie High School) is using the ice simultaneously until 5 :45 pm on week days. -/8- This means that in order for each group to be able to use the ice in a fair manner, the schedule needs revision for these particular days. Both HAEP and EPFSC were agreeable to altering their schedules and utilizing some morning and non-school days ice time in order to . meet the current needs of their programs. Please refer to Ice Use Comparison Report. CLOSING COMMENTS: It should be noted that EPHS is sharing Girl's Varsity and Jr. Varsity teams with Chaska High School and that each team will have 114 of the participants from Chaska. Chaska Community Center is also providing 1/4 of the practice and game ice time schedule for the Girl's programs for the 1995 -96 season. Within two years they will have their own program and the demand for ice at our facility will be on a daily basis. It should also be noted that HAEP and EPFSC are anticipating growth within their programs and may need to turn away people within one to two years if more ice time is not found. ATTACHMENT: Ice Use Comparison Report cc: Pete Rose, President HAEP Jan Daly, President EPFSC Steve Schultz, Student Activities EPHS Laurie Helling, Manager of Recreation Services -19- . ., Bob Lambelt City of Eden Prairie Bob Kershaw 1403 0 Forest Hill Road .Eden Prairie MN. 55346 937-8535 Dear Bob: Several years ago I told you that Eden Prairie had more kids skating in Eden Prairie than all ofBloOf!lingtotl combined. Attached is a chart from District 6 that gives the totals. . ~ W11en Y0tl add BAA, Jefferson, and Kennedy together they do not equal 801 players that Eden Prairi'p had in the program last year. 7Sf ~.~,- I hQpe this information is useful to the Parks Depaliment. .' Sincerely: Bob Kershaw ~~/ ~ ' .....• ,.::: ..• 1f·_·~:f·,·.'.,·.·,·.: .. ·, ,~': . ; .: .. ~ .i..;.'.' :' ,<~,,,,".-- '~~:,;< ' , 19!~4-95 REGISTRATION as of 02-07-95 Paid IFnl~Jrotlll $ Paid to $ Paid to ~J. Tea!iTiS1$ Paid r.--tPraym; PlaiYei"S1i;)lliyers COad, USA Hooke MAHA ,Apple IIalle)' I 2.8 1 560.00," I 3731 ~l 4291 01 8,206.00/ 1.865.001 BAA 9 180.00 1351 01 135 231. 3,476.001 675.00 Bumsville 45 900.00 639 881 7271 1141 16,566.001 3,195.00 Chaska 171 340.00 2401 451 285 341 5,896.001 1,200.00 Eden Prailie 521 1040.00 6901 1111 601 961 16,787.00\ 3,450.00 Edina 481 960.001 I 6761 38 1 714[ 911 16,874.001 3 ,380.001 Jefferson 231 460.00 3801 161 396 751 10,010.001 1,000.00 990.00 I I Kennedy ~ I 14 280.00 198 29 227 5,280,00 ··Minnetonka 41 82.0.00 579 103 682 42 86 14,630.0012.900.00 Richfield 17 340.00 224 361 260 41 5,830.00\ 1,120.00 TOTALS 2941 5,880.00 41341 5221 4aS61 6021 103,555.ooj 20,675.00 ,.. • (j I 1'0: !!: Ii' ij 1..', 1',_ r:: + , :4 !;,; r;: C IJ t C· .,. t ::':-: c- I'· fo' C I, f I' L" T K