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HomeMy WebLinkAboutCity Council - 08/15/1995 AGENDA CITY COUNCIL/STAFF WORKSHOP TUESDAY, AUGUST 15, 1995 6:00 PM, CITY CENTER Heritage Room 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl Julie, Assistant City Manager Chris Enger, Assistant to the City Manager Craig Dawson, Director of Assessing and MIS Steve Sinell, and Council Recorder I. CALL. TO ORDER II. CITY ORGANIZATIONAL STRUCTURE III. PROPERTY EVALUATION PROCESS IV. OTHER BUSINESS IV. ADJOURNMENT (7:15 PM) AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 15, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS H. OPEN PODTLTM III. MINITTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, AUGUST 1, 1995 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 1, 1995 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FOREST HILLS STII ADDITION 2nd Reading of an Ordinance for Rezoning from R1-22 to R1-13.5 on 9.1 acres and Approval of Developer's Agreement for Forest Hills 8th Addition by Taurus Properties (located west of Baker Road and south of Theresa Place) (Ordinance for Rezoning from R1-22 to R1-13.5) C. GRANT OF ACCESS AND UTILITY EASEMENT TO WALLACE HI! GRE.N City Council Agenda Tuesday, August 15, 1995 Page Two D. R.A.L.F. APPLICATION AUTHORIZATION FOR BEARPATH REMNANT (Resolution) E. APPROVE CHANGE ORDER NO. 1 FOR ANDERSON LAKES PARKWAY AND PRESERVE BOULEVARD INTERSECTION IMPROVEMENTS, I.C. 94-5349 F. APPROVE CHANGE ORDER NO. I FOR GOLDEN RIDGE DRIVE/CITY WEST PARKWAY IMPROVEMENTS, LC. 94-5360 G. APPROVE CHANGE ORDER NO. 2 FOR CITY WEST PARKWAY/GOLDEN RIDGE DRIVE IMPROVEMENTS, LC. 94-5368 H. RESOI TTTION APPROVING FINAL PLAT FOR WALNUT RIDGE (LOCATED SOUTH OF THE INTERSECTION OF HOMEWARD HILLS ROAD AM)RIVERVIEW ROAD) I. APPROVE LICENSE AGREEMENT FOR TRANSPORTATION PLAN SOFTWARE J. STORM SEWER EASEMENT FROM ATHERTON TOWNITOMFS TO THE CITY OF EDEN PRAIRIE. K. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR ATHERTON TOWNHOMFS AND OLYMPIC HILLS DRAINAGE IMPROVEMENTS, T.C. 93-5332 AND T.C. 95-5391 V. PUBLIC HEARINGS/MEETINGS A. KINDF.RCARE by Kindercare. Request for Zoning District Amendment in the Neighborhood Commercial Zoning District and Site Plan Review on 2.75 acres. Location: Hwy. 169 and Anderson Lakes Parkway (Ordinance for Zoning District Amendment) B. REFUNDING OF $7,300,000 BONDS FOR OLYMPIC RIDGE HOUSING PROJECT C. VACATION 95-07- DRAINAGE AND ITTILTTY EASEMENTS IN PART OF HARTFORD PLACE 2ND ADDITION (OTTTLOTS A & B) (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS City Council Agenda Tuesday, August 15, 1995 Page Three VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM STEPHF.N AND KIMRERLY MOSI TO REVIEW THE BOARD OF ADTIT_4TM NTS ANT1 APPEALS DENIAL OF VARIANCE 1/95-23 B. PRESENTATION RY MnDOT REGARDING PROPOSED INTERIM IMPROVEMENTS TO THE I-494/TH 169 INTERCHANGE C. REQUEST FOR PITRI,IC IMPROVEMENTS FOR SITTTON PLACE BY RU1LTWELI. CONSTRUCTION IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION- Appointment of Flying Cloud Business Representative to fill vacant term to 2/28/96 B. NINE MILE CREEK WATERSHED DISTRICT - Request from Aileen Kulak to recommend her reappointment as a Manager to the Nine Mile Creek Watershed District to the Hennepin County Board of Commissioners XI. REPORTS OF OFFICERS A. REPORTS OF COUNCHMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTORI)F COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Award Contract for City Center Site Lighting Improvements, I.C. 95-5390 (Resolution) F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT AGENDA CITY COUNCIL/STAFF WORKSHOP TUESDAY, AUGUST 15, 1995 6:00 PM, CITY CENTER Heritage Room 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson,Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl Jullie, Assistant City Manager Chris Enger, Assistant to the City Manager Craig Dawson, Director of Assessing and MIS Steve Sinell, and Council Recorder I. CALL TO ORDER II. CITY ORGANTZATIONAI, STRUCTURE III. PROPERTY EVALUATION PROCESS IV. OTHER BUSINESS IV. ADJOURNMENT (7:15 PM) AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 15, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MTNTITFS A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, AUGUST 1, 1995 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 1, 1995 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FOREST HII L&STH ADDITION 2nd Reading of an Ordinance for Rezoning from R1-22 to R1-13.5 on 9.1 acres and Approval of Developer's Agreement for Forest Hills 8th Addition by Taurus Properties (located west of Baker Road and south of Theresa Place) (Ordinance for Rezoning from R1-22 to R1-13.5) C. GRANT OF ACCESS AND UTILITY EASEMENT TO WALLACE HILGREN City Council Agenda Tuesday, August 15, 1995 Page Two D. R.A.L_F. APPLICATION AUTHORIZATION FOR }WARPATH REMNANT (Resolution) E. APPROVE CHANGE ORDER NO. 1 FOR ANDERSON LAKES PARKWAY ANT) PRESERVE BOULEVARD INTERSECTION IMPROVEMENTS, I.C. 94-5349 F. APPROVE CHANGE ORDER NO. 1 FOR GOLDEN RIDGE DRIVE/CITY WEST PARKWAY IMPROVEMENTS, LC_ 94-5360 G. APPROVE CHANGE ORDER NO. 2 FOR CITY WEST PARKWAY/GOLDEN RIDGE DRIVE IMPROVEMENTS, LC. 94-536R H. RESOLUTION APPROVING FINAL PLAT FOR WALNUT RIDGE (LOCATED SOUTH OF THE INTERSECTION OF HOMEWARD HILLS ROAD AND RIVERVIEW ROAD) I. APPROVE LICENSE AGREEMENT FOR TRANSPORTATION PLAN SOFTWARE J. STORM SEWER EASEMENT FROM ATHERTON TOWNHOMES TO THE CITY OF EDEN PRAIRIE K. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR ATHERTON TOWNHOMFS AND OLYMPIC HILLS DRAINAGE IMPROVEMENTS, I.C. 93-5332 AN ) I.C. 95-5391 V. PUBLIC HEARINGS/MEETINGS A. KINDERCARE by Kindercare. Request for Zoning District Amendment in the Neighborhood Commercial Zoning District and Site Plan Review on 2.75 acres. Location: Hwy. 169 and Anderson Lakes Parkway (Ordinance for Zoning District Amendment) B. REFUNDING OF$7,300,000 BONDS FOR OLYMPIC RIDGE HOUSING PROJECT C. VACATION 95-072 DRAINAGE AND UTILITY EASEMENTS IN PART OF HARTFORD PLACE 2ND ADDITION (OUTLOTS A & R) (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOL.ITTIONS City Council Agenda Tuesday, August 15, 1995 Page Three VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM STEPHEN AND KIMBERLY NIOSI TO REVIEW THE BOARD OF ADJUSTMENTS AND APPEALS DENIAL OF VARIANCE #95-23 B. PRESENTATION BY MnDOT REGARDING PROPOSED INTERIM IMPROVEMENTS TO THE I-494/TH 169 INTERCHANGE C. REQUEST FOR PUBLIC IMPROVEMENTS FOR SUTTON PLACE BY BTIILTWET.L. CONSTRUCTION IX. REPORTS OF ADVISORY BOARDS., COMMISSIONS & COMMITTEES X. APPOINTMENTS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION- Appointment of Flying Cloud Business Representative to fill vacant term to 2/28/96 B. NINE MILE CREEK WATERSHED DISTRICT - Request from Aileen Kulak to recommend her reappointment as a Manager to the Nine Mile Creek Watershed District to the Hennepin County Board of Commissioners XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Award Contract for City Center Site Lighting Improvements, T.C. 95-5390 (Resolution) F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XHI. ADJOURNMENT Tien) i UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 1, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson,on, Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: 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 PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. Councilmember Pidcock arrived at 7:40 p.m. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added XI.A.1, National Night Out. Harris added XI.A.2, Evaluation of City Manager. Jullie added Items XI.D.1, Flying Cloud Airport Mediation Process Update and XI.E.2, Modification of Hidden Ponds Water Tank Maintenance Project. MOTION: Tyra-Lukens moved, seconded by Case, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JULY 11. 1995 MOTION: Tyra-Lukens moved, seconded by Case, to approve the Minutes of the City Council Meeting held Tuesday, July 11, 1995, as submitted. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, JULY 18. 1995 MOTION: Thorfinnson moved, seconded by Case, to approve the Minutes of the City Council Meeting held Tuesday, July 18, 1995, as submitted. Motion carried unanimously. CITY COUNCIL MINUTES August 1, 1995 Page 2 C. COUNCIL/STAFF WORKSHOP HELD WEDNESDAY. JULY 19. 1995 MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Minutes of the City Council/Staff Workshop held Wednesday, July 19, 1995, as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. RESOLUTION NO. 95-138 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR CITY CENTER LIGHTING IMPROVEMENTS. I.C. 95-5390 B. WALNUT RIDGE 2nd Reading of Ordinance No. 95-138 for PUD District Review on 33.39 acres and Zoning District Change from Rural to R1-13.5 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 No. 23-95-PUD-10-95 for PUD District Review and Zoning District Change) C. BEARPATH CLUBHOUSE 2nd Reading of Ordinance No. 9-95-PUD-11-95 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 Resolution No. 95-139 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 No. 9-95-PUD-11-95 for PUD District Review and Zoning District Amendment and Resolution No. 95-139 for Site Plan Review) D. GOLDEN TRIANGLE BUSINESS CENTER 2nd Reading of Ordinance No. 16-95-PUD-8-95 for PUD District Review on 26.81 acres and Zoning District Change from Rural to I-2 Park on 26.81 acres, Adoption of Resolution No. 95-140 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 No. 16-95-PUD-8-95 for PUD District Review and Zoning District Change and Resolution No. 95-140 for Site Plan Review) E. MAIL HANDLING SERVICES, INC. Adopt Resolution No. 95-141 for Site Plan Review on 9.66 acres by CS & M Company located at 7550 Corporate Way. (Resolution No. 95-141 for Site Plan Review) F. AGREEMENTS FOR THE 1995 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (Resolution No. 95-142) G. RESOLUTION NO. 95-143 APPROVING FINAL PLAT OF BEARPATH 5TH ADDITION CITY COUNCIL MINUTES August 1, 1995 Page 3 II. RESOLUTION NO. 95-144 APPROVING LOT LINE REARRANGEMENT AS A SIMPLE SUBDIVISION WITHIN LAKE EDENVIEW TOWNHOMES(located west of Franlo Road and north of Eden Lake) I. RESOLUTION NO. 95-145 APPROVING FINAL PLAT OF GOLDEN TRIANGLE BUSINESS CENTER (located at the southwest quadrant of West 76th Street and Washington Avenue) J. APPROVE SUPPLEMENTAL AGREEMENT NO. 3 FOR DELL ROAD (TH 5 to Twilight Trail) K. RESOLUTION NO. 95-146 FOR SALE OF R.A.L.F. PARCEL (Outlot B, Red Rock Shores) to MnDOT for TH 212, I.C. 51-348 L. PROCLAMATION FOR WELCOME WAGON WEEK Motion: Tyra-Lukens moved, seconded by Thorfinnson, to approve Items A- L on the Consent Calendar as published. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. FUDDRUCKERSJNC. & 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, 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. (Resolution No. 95-147 for Comprehensive Guide Plan Change, Resolution No. 95-148 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution No. 95-149 for Preliminary Plat) Mr. Darren Lazan, representing the developers, requested the Council to approve the project and grant them the signage they requested and also grant them an early grading permit. Enger stated that the Planning Commission recommended that the Plan for Rio Bravo Cantina and Fuddruckers, Inc. be approved subject to the stipulations listed in the July 21, 1995 staff report. He noted that variances had previously been granted on this property which would allow for reasonable development to occur. He noted that the variances requested by this applicant were less than those originally granted for the property. He stated that staff recommended the Council grant the applicant an early grading permit. CITY COUNCIL MINUTES August 1, 1995 Page 4 Lambert stated that the Parks Commission had reviewed the project and recommended approval subject to the stipulations listed in the staff report. Tyra-Lukens inquired how the project fit in with the overall plan for the City shopping center area to the south. Enger responded that this could be connected. Tyra-Lukens inquired about the signage plans and if plans were available. Enger replied that the applicants had requested what was classified as a "rooftop" sign, which was not allowed in the City of Eden Prairie. Staff recommended that the City Council approve the project as requested without the sign and the developer can process the request for signage later. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. MOTION: Pidcock moved, seconded by Thorfinnson as follows: 1) Close the Public Hearing; 2) Adopt Resolution No. 95-147 approving Comprehensive Guide Plan Change; 3) Adopt Resolution No. 95-148 for PUD Concept Review; 4) Approve 1st Reading of an Ordinance for PUD District Review and Zoning District Change; 5) Adopt Resolution No. 95-149 approving the Preliminary Plat; and 6) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations Motion carried unanimously. MOTION: Pidcock moved, seconded by Tyra-Lukens, to grant the developer an early grading permit subject to the developer proceeding at his own risk. Motion carried unanimously. CITY COUNCIL MINUTES August 1, 1995 Page 5 VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Tyra-Lukens to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Thorfinnson, Tyra-Lukens, Pidcock, and Harris voting "aye". VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM RESIDENTS OF THE EDENVALE SUBDIVISION FOR COUNCIL TO OVERTURN DECISION ON FOREST HILL ROAD EXTENSION Jullie noted that this item was placed on the agenda at the request of the residents of the Edenvale Subdivision, who intended to submit a petition in support of their request not to extend Forest Hill Road. Steve Steele, 13985 Forest Hill Road, stated that many of the neighbors were present at the meeting in support of the request for the Council to allow Forest Hill Road to be a cul-de-sac. Marcia Kershaw, 14030 Forest Hill Road, stated that there are 17 homes on Forest Hill Road, with nineteen children living there between the ages of two and eighteen. She stated that five children are under the age of six. Many children play in the street, as there has been very little traffic on Forest Hill Road, and it has been safe. However, there are a number of steep driveways in the neighborhood, and in winter the cars slide down into the street so more traffic on Forest Hill Road would be a danger to everyone. If the roadway is connected, it will create another steep driveway at the end of Forest Hill Road. She requested the Council to keep Forest Hill Road as a cul-de-sac. Steve Steele described the traffic volume and believed the City should seek to provide another outlet for the Forest Hills area instead of making the connection. After talking to the residents in the area, he believed that the driving patterns of the residents would not change significantly, regarding the routes they presently take. He noted that Kingston would be open in the same way as it is today, and would be used by the residents in the Edenvale area but that would create some traffic hazards and safety issues are more of a concern. CITY COUNCIL MINUTES August 1, 1995 Page 6 Mike Coash, 13980 Forest Hills Road, stated that the dead end had existed for the past 24 years and there have not been problems because the area is developed. He noted that the road serves the development but with the connection it will bring their neighborhood into connection with other homes and traffic. He was also concerned about the impact the connection could have on decreasing the property values in the neighborhood He noted that many children play in the street and if the road is connected it will be impossible for that to continue. He stated that many people in the neighborhood had purchased homes because it was a quiet neighborhood on a cul-de-sac, and homes had been marketed that way by realtors. He requested the Council to reconsider their decision. John Mallo, 14000 Forest Hill Road, thanked City Staff for their help and assistance in the process. He submitted a petition to the City Council requesting that Forest Hill Road remain as a cul-de-sac because the residents of this neighborhood believe the connection would only add traffic and the new development should exit directly onto Baker Road. He commented that they had attempted to contact as many residents in the area as was possible, and in areas directly connected to Edenvale or in close proximity to Forest Hills. They obtained approximately 98% support from those residents. He stated he believed that the gain to the community was not in proportion to the problems the connection would cause the residents. With no further presentation coming from the petitioners, Harris turned the discussion to the Council. Case believed that the residents needed to understand that the Forest Hills 8th Addition roadway connection could not be made until the City obtained the right-of-way to make that connection. He noted that many of the roadways in the city need to be connected to avoid a gridlock situation and provide for improved traffic patterns in the City. He believed neighborhoods needed to be involved in the process of development from beginning to completion, and should not always expect the outcome of City decisions to go their way. He believed a list of criteria should be developed for demonstrating the need for roadways to be connected throughout the City. Tyra-Lukens commended the neighbors for their presentation. She particularly liked their idea to clarify which roadways were intended to be connected, and noted that the connection was proposed to enhance emergency vehicle access, and not just provide for neighborhood traffic. She noted she was also concerned about how property was advertised as being on a cul-de-sac when in fact it was not intended to remain that way. Her major concern was the safety CITY COUNCIL MINUTES August 1, 1995 Page 7 issues which had been raised by the residents. She believed the road could be left as a dead-end for the present, but the City should reserve the right to connect the road if it was deemed necessary in the future. Pidcock commented that she was very concerned about the safety issues involved with the steep driveways, and noted she had requested that signs be placed on streets which were intended to become through streets in the future, although that had not been done. She believed this situation was somewhat unique because it has been a dead-end for over 25 years, and she thought it could remain as a dead-end without adversely impacting the City. Thorfinnson stated he supported the motion as the roadway could be put through at some point in the future. He strongly advocated evaluating other proposed through-streets within the City and determining which were to be connected. He supported putting signs up to inform residents that those streets were proposed to be connected to other roadways in the future. He requested staff to provide Council with that information as soon as possible. MOTION: Case moved, seconded by Tyra-Lukens, that the City will obtain the right-of-way and will work with the residents and property owners to the south to develop a plan so that when the property to the south is developed the Council can determine at that time, whether the roadway connection is to be made. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES A. SENIOR ISSUES TASK FORCE - Presentation of First Quarterly Report Jullie introduced Bette Anderson, Chair of the Senior Issues Task Force. Ms. Anderson introduced Dick Brown, Melissa Beckman, and Marvin Cofer, who were also present. Marvin Cofer stated they have an active group; they are enjoying the job and the proactive role the City is taking in anticipation of its changing demographics. They have a civic and personal interest in the group. Ms. Anderson presented the report. The Task Force studied the demographics for the community and the senior population has remained at about three percent and has kept up with the population growth, per the 1990 Census. She noted that this figure will only increase as time passes, and the population continues to age. The Task Force believed that lower-priced housing in Eden Prairie will be a part of encouraging people to move in. Seniors are not a homogenous group now, and will probably never be. She noted there appears to be great variety and range in the types of people who fall into this category. CITY COUNCIL MINUTES August 1, 1995 Page 8 Some of the issues which concern seniors in Eden Prairie are housing options, health and medical issues, transportation, and quality of life. She commented the group has identified a strategic issue--whether the community wished to be attracting a senior population. She believed that with data from the community survey and focus groups, the Task Force could deal with issues that were believed to be the most important. Harris commented she was most impressed by the work the Senior Issues Task Force has done. She was aware that the senior population has grown in Eden Prairie, and will continue to grow because residents want to continue to live here. She believed the City should take these options and issues under consideration. Case concurred with Harris, and commended Bette Anderson and the Task Force on the excellent job they have done. Pidcock concurred and echoed the commendation. X. APPOINTMENTS Harris commented she wished to appoint Councilmembers Tyra-Lukens and Thorfinnson to research salaries of other city managers with comparable job responsibilities and develop criteria for performance evaluations. She clarified that this task was only for the purpose of gathering information. She wanted them to review the design and come up with a new evaluation criteria by September 1, 1995. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Tyra-Lukens requested staff consider the date of National Night Out when preparing the schedule for Council meetings next year so that Councilmembers did not have a conflict and were able to fully support National Night Out within the City. Pidcock presented Mayor Harris a picture of Mayor Harris and Minneapolis Mayor Sharon Sayles Belton taken together at the Southwest Metro Job Fair. B. REPORT OF CITY MANAGER 1. 1994 Financial Reports Jullie introduced a representative of Fox, McCue & Company, who conducted the audit report for 1994. Mr. Bill McCue reviewed the report and highlighted general fund allocation and general fund CITY COUNCIL MINUTES August 1, 1995 Page 9 expenditures for 1994. MOTION: Thorfinnson moved, seconded by Pidcock, to accept the 1994 Financial Report and to commend staff for its excellence. Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. Staring Arts Center Proposal (Continued from July 11, 1995) Jullie stated that staff and the Staring Arts Board toured the Senior Center to explore the feasibility of using that facility as an art center. After discussion, it was apparent that both groups were reluctant to co- use this facility, and the Arts Board members were particularly concerned about losing visibility, which they believed was critical to attract supporters and funding. After touring the vacant Police Building site on Mitchell Road, staff proposed that perhaps the Staring Arts Board would be able to utilize this building for an interim (possibly two years) period until a suitable buyer can be found. The Staring Arts Board was most enthusiastic about this proposal. Staff explained that the Boyce house had many structural problems and it would be extremely expensive to refurbish and bring up to Code standards. Staff recommended that the Boyce Building be demolished as it is a drain on City funds and resources. Pidcock inquired if the Hennepin Technical College had been contacted about doing the work to remodel the Boyce house. Jullie responded that the house was in such bad shape and staff believed it had existed beyond its useful life. Harris commented that in a time when the City was trying to conserve resources the recommendation of staff was a viable option and should be considered by the City Council. It will take time to market the Police Building effectively, and she believed it was a suitable location for the Staring Arts Board for a two-year period. Case commented that he was concerned about what might happen to the Arts Board should the building be sold and they were forced to move suddenly, and he believed that the City should assist them in finding an alternative space to locate in the event this should happen. CITY COUNCIL MINUTES August 1, 1995 Page 10 Tyra-Lukens inquired about the cost for the modifications to the Police Building, and Jullie responded that they would be minimal. The Arts Board will pay a commensurate share of the utilities, as the radio tower is still located at that building. Pidcock requested that staff approach Hennepin Technical College to do the remodeling needed, and determine if it could do the work less expensively. Kate Halvorson, 10210 County Road 18, stated that the Arts Board has raised $6,000 from private donations when matched by the Foundation, and it will have approximately $12,000 to work with. Pidcock inquired if some of these funds could be used to offset the cost of renovation, and Halvorson responded that they will be used for whatever is needed to establish the Arts Board. Harris noted that some of the money would be needed for operating costs for the first few years. MOTION: Thorfinnson moved, seconded by Pidcock, that staff be directed to prepare a two-year lease for the Staring Arts Board to use the vacant Police Building on Mitchell Road, and include a provision that in the event the facility is sold, work with the Arts Board to find them space at another location. Motion carried unanimously. MOTION: Thorfinnson moved, Tyra-Lukens seconded, that staff be directed to pursue demolition of the Boyce house, and abandonment of other facilities on the property. Pidcock requested that staff present information regarding this proposal; such options as including selling the house and having it removed from the property. Tyra-Lukens commented that this structure was costing the City money and she believed it should be demolished as soon as possible to avoid liability on the part of the City. Case was concerned about the safety issues involved, and also supported demolition of the property as soon as possible. Harris inquired about how possible it would be to sell the house, given its present state, and concurred with Tyra-Lukens and Case that to have the house vacant and the pool with water in it was a potential liability for the City and needed to be dealt with as soon as possible. Pidcock stated she opposed demolition of the house without first attempting to find a buyer. Thorfinnson, Tyra-Lukens, Case, and Harris voted "aye". Pidcock voted "no". Motion carried. CITY COUNCIL MINUTES August 1, 1995 Page 11 Jullie commented that it would take staff a couple of weeks to find a contractor to demolish the building. Staff would also make inquiries to determine if it was possible to sell the house in its present condition. 2. Hockey Association of Eden Prairie (HAEP) Proposal for Indoor Rink/Shelter Building Director of Parks and Recreation Bob Lambert stated that the Hockey Association of Eden Prairie had requested that the City consider construction on an indoor rink/park shelter building at either Miller Park or Riley Lake Park. The Parks, Recreation and Natural Resources Commission did not believe such a facility was warranted at this time. Upon consideration of the available information, the Commission determined that in the long term, a third rink would be best located at the Community Center. The Commission thought that other outdoor rinks should be developed throughout the community. Staff recommended the addition of an outdoor rink at Miller Park. Bob Kershaw, a member of the Hockey Association of Eden Prairie, stated there was a desperate need for outdoor rinks. He noted that parking at the Community Center was at a premium, and Lambert commented that if the addition is constructed on the Senior High School the parking will also be expanded and accessible to the Community Center. Pidcock commented that the City could not continue to support the wish lists of select groups, and must be careful about spending money. Tyra-Lukens commented that girls hockey has now been added to boys hockey and the State High School League Association would be timing both tournaments to showcase the sport at the end of winter. Lambert commented that there are only a few facilities capable of hosting such events, and the State Association should consider spreading out the events to maximize the efficiency and use of these facilities. Case inquired about long-term plans, and Lambert responded that the 5- Year Parks Capital Improvements Plan does not include a third rink. MOTION: Pidcock moved, seconded by Thorfinnson to accept the staff recommendation to construct an outdoor rink at Miller Park. Motion carried unanimously. CITY COUNCIL MINUTES August 1, 1995 Page 12 D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT 1. Flying Cloud Airport Mediation Process Update Enger stated that the Metropolitan Council deferred action on the Plan. It wanted to obtain additional information from a mediated forum between the City and the MAC. On August 21, 1995, the Metropolitan Airports Commission will consider the full report on all the issues raised and identified by Eden Prairie and the MAC. There is a section that gives conclusions regarding how to handle these concerns. The Metropolitan Council has not scheduled its consideration of the matter. E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Midwest Asphalt (Continued from July 11, 1995) Enger reviewed the staff report and stated that of the four options which staff had proposed, the owner had rejected all but option 2, which would permit a 2:1 slope on the berm, require it to be landscaped with grass and vegetation, and prohibit crushing on Saturdays in May and September. Discussion ensued regarding whether a landscape bond would be submitted, and Enger affirmed that one would be provided for the approved landscape plan. Mr. Sandvick commented that this project had dragged out long enough, and he would like to see this resolved. MOTION: Pidcock moved, seconded by Thorfinnson, to direct staff to pursue Option #2 with the developer. Motion carried unanimously. 2. Modification of Hidden Ponds Water Tank Maintenance Project Director of Public Works Gene Dietz reviewed the work which has taken place to date, and noted that they have found the paint on the exterior of the tank contains chromium which is classified as a hazardous material. This condition was not known at the time the contract was awarded, and requiring completion of the work could result in litigation by the contractor. Staff recommended that the agreement be modified to complete the interior tank painting portion of the project and to re-negotiate the remainder of the project at a later date. CITY COUNCIL MINUTES August 1, 1995 Page 13 MOTION: Thorfinnson moved, seconded by Pidcock to approve modification of the contract and re-negotiate the remainder of the project at a later date. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:10 p.m. I-kin 103 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 1, 1995 6:15 p.m. CITY CENTER COUNCIL/STAFF WORKSHOP Room: Heritage IV, 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Councilmembers Ron Case, Nancy Tyra-Lukens, and Ross Thorfinnson, Jr. CITY COUNCIL STAFF: 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, Fire Chief Spencer Conrad, Maxine Brueck, Financial Operations Manager, and Planner Don Uram. I. CALL TO ORDER The meeting began at 6:40 p.m. The Council and staff had dinner in the Garden Room beginning at 5:30 p.m. II. WORKSHOP City Manager Carl Jullie stated that staff had developed strategies and prepared scenarios as directed by the Council at the last workshop. He distributed worksheets which showed areas of service provided by the City and indicated the level of expenditures for them. Assistant City Manger Chris Enger reviewed the charts which illustrated possible scenarios which would bring revenues into line with spending. He described the budget model tools staff had utilized to create a workable budget model. He described possible operational spending cuts and noted that these could have a dramatic impact on how fast the expense and revenue lines on the graph would come together. He noted that large development fee receipts would drop in future years because the growth of the City will taper off. City Council Minutes Page 2 August 1, 1995 Enger reviewed the three budget scenarios presented which could be implemented over a ten-year period. He noted that an initial operational spending freeze was proposed, with a gradual spending reduction after that--dramatic decreases for a growing community to consider. Property tax rates were varied throughout the three scenarios. In the first scenario staff suggested that ongoing revenue sources be analyzed which may provide additional revenues instead of relying so heavily on property taxes. He noted that the water utility may be a source of additional revenues. Staff believed the scenarios could give the Council enough tools to develop a working model budget plan that could be implemented. Enger noted the street lighting utility's possible reductions in the city's special assessment debt contributions and the water utility profits were all possible sources of revenue that should be considered by the Council. Mayor Harris inquired if any of these three revenue sources were reflected in the projections shown by staff, and Enger responded negatively. Tyra-Lukens commented that a 5% tax increase sounded large, and inquired what it would translate into in dollar amounts. Director of Assessing and MIS Steve Sinell responded that the properties which were close to the median value within the City would have a property tax increase of 5%. He described the tiered tax system and explained that the greater the market value of the house was the less the impact of the tax increase would be. He noted that staff had tried to take into account possible contingencies, but it was difficult to predict what any Legislature might do. There was no provision for any cushion in the event the tax laws were changed or a recession occurred. He believed that the City should have some cushion built into the budget model to enable it to survive a financial crisis which could be brought on by external factors. Enger stated that contingencies need to be planned for to prevent financial deficits arising which would require the use of other funds to balance the budget. Enger stated that staff recommended scenarios #1 and #3 as viable plans. Tyra-Lukens commented that Scenario #3 had a larger tax increase initially and she believed that the taxes should be collected sooner rather than later. Mayor Harris commented she also preferred Scenario #3 as she felt the sooner the tax revenues were collected the sooner the City would be able to look at a more balanced budget and could possible consider other courses of action. The Council did not know what the Legislature would do in this session, or future sessions, and she believed it was important to put the funds in the City's hands as soon as possible. Case agreed with Mayor Harris because Scenario #3 projected revenues which were more in line with what the actual costs were projected to be. City Council Minutes Page 3 August 1, 1995 Mayor Harris commented that it was important to talk about taxes in terms of dollars rather than in percentages, because percentages always seem higher than the actual amount when translated into actual tax dollars. Sinell noted that Scenario #3 reflects the spending pattern of the City, and when the year 2000 arrives, the development growth of the City will have reached a plateau. Case discussed the level of service issues and expressed concern that residents should be informed of any proposed changes. Enger briefly discussed the level of service worksheets provided by each department in the City and listed subsidy requirements, if any. Director of Public Works Gene Dietz commented that there will be some items for which it will be difficult not to expand services in the future, with such safety issues as trail maintenance and playground maintenance. He was concerned about freezing levels of service, and believed some type of fund needed to be established to provide for flexibility to address these issues. Mayor Harris stated that criteria will need to be developed to establish flexibility and allow such things to be considered on a case-by-case basis. Thorfinnson commented he believed some factors were not being taken into account and needed to be included in the development of the budget model. Enger commented that staff believed that utilizing Scenarios #1 and #3, the discrepancy between expenditures and revenues would be closed when additional revenue sources which staff had identified were implemented. Discussion ensued regarding the use of one-time revenues. Mayor Harris directed staff to develop Scenario #3, and include additional revenue sources in more detail and illustrate the impact of this proposed model. She believed that $400,000 of planned one-time revenues could be pulled out to show what could be done if the Legislature freezes property taxes, or there is a shortfall in State funds, or aid to cities is cut again. III. ADJOURNMENT The meeting concluded at 7:21 p.m. DATE: CITY COUNCIL AGENDA August 15,•1995 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Admin--Craig Dawson Amendment to Joint Powers Agreement for Fire—Spencer Conrad Western Area Fire Training Association III. M (WAFTA) Requested Action: It is recommended that the Council approve the Amendment to the Western Area FireTraining Association Joint Powers Agreement , and authorize the Mayor and City Manager to execute the agreement. Background: WAFTA was formed in 1974 by the Cities of Chanhassen, Chaska, Eden Prairie, Excelsior, Long Lake, Maple Plain, Mayer, Mound, St. Bonifacius, Victoria, and Watertown. The Association acquired a former Nike missile site in St. Bonifacius and used it as a joint fire training facility. Association members quit using the site for training purposes over the past few years, and the WAFTA Board has decided it is in the best interests of the member cities that the site be sold. The site will require some environmental remediation, and a consultant evaluation suggests that a $20,000-30,000 clean-up effort will be needed. WAFTA is looking into the possibility of a Petrofund grant from the Minnesota Pollution Control Agency. The decision-making structure in the current joint powers agreement is somewhat cumbersome as it relates to the timely disposition of the property. The proposed amendment would establish a four-member executive committee which would have the power to "effectuate the remediation. if necessary. and the sale of the W.A.F.T.A. site." The current agreement would require the full board, which has two representatives of each member city, to make these decisions. A copy of the proposed Amendment to the Joint Powers Agreement is available for review in the City Manager's Office. Financial Implications: There are no immediate financial implications from approving this amendment. Eventual costs for remediation and revenues from sale of the site will be assigned based upon a formula. Future Training Facilities: The City is pursuing a joint public safety training facility concept with the cities of Bloomington, Edina, Richfield, and the Metropolitan Airports Commission (and other cities which may wish to join). It would include fire training facilities at the site selected. A proposal for this facility is being developed and should be ready for consideration by the city councils and MAC board late this year or early in 1996. DATE: atip CITY COUNCIL AGENDA mdC:rt Win° SECTION:. CONSENT CALENDAR 8-15-95. DEPARTMENT: ITEM DESCRIPTION: ITEM NO_ Finance - Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A • THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MULTI-FAMILY & COMM. ) PLUMBING American Liberty Construction, Inc. Doran Enterprises BTO Development Corporation Don Berg Construction Co. Hage & Company, Inc. HEATING & VENTILATING K M Building Company of Mpls. Synergy Construction, Inc. Kalmes Mechanical , Inc. Tomco Company, Inc. • Action/Direction: e �t 8-15-95 page 1 _ r. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-15-95 SECTION: 2ND READING ITEM NO. Z Q DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger FOREST HILLS 8TH ADDITION Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Rezoning from R1-22 to R1-13.5 on 9.1 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Developer's Agreement .a 6 - / FOREST HILLS 8TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 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 R1-22 District and be placed in the R 1-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 15, 1995, entered into between Taurus Properties, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of July, 1995, finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of August, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on Iv a - z FOREST HILLS 8TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 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 West of Baker Road south of Theresa Place from R1-22 to R1-13.5 on 9.1 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) D- 8 - 3 Forest Hills 8th Addition Legal Description Exhibit A Lots 1, 2, 3, and 4, Auditor's Subdivision NO. 225, City of Eden Prairie, Hennepin County, Minnesota, and Reserving Easements of Record. DEVELOPER'S AGREEMENT FOREST HILLS 8TH ADDITION THIS AGREEMENT, made and entered into as of A,�9K s t /SS , 1971, by Taurus Properties, 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 Rezoning from R1-22 to R1-13.5 on 9.1 acres and Preliminary Plat of 9.1 acres into 19 lots and one outlot and road right-of-way, 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--/3- , 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 7-/8'•9S revised and dated 7-/3- 95- , and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer, and the following: a. Revised storm sewer and drainage plan which includes a storm water pumping station at the pond outlet at the northeast corner of the property and a gravity outlet stubed to the south line of the proposed subdivision. b. A revised right-of-way plan which includes right-of-way dedication for the future extension of Forest Hills Road, east to the intersection of proposed Jennifer Lane. Additionally, Developer agrees to revise the grading development plan to reflect a future extension of Forest Hills Road. c. A revised sanitary sewer plan which extends to the south property line and deepen said line to reflect minimum grade. Upon approval by the City Engineer, Developer agrees to implement the approved street and utility plans prior to building permit issuance. 4. FINAL GRADING AND EROSION CONTROL PLAN: A. 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 final grading and drainage plan for the Property. The final grading and drainage 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 and drainage plan. Developer agrees to implement the final grading and drainage plan as approved by the City Engineer. B. 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. 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 labeled Exhibit D, attached hereto and made a part hereof. Developer shall implement the Erosion Control Plan approved by the City Engineer and notify the City and Watershed District 48 hours in advance of grading so that the erosion control may be field inspected. 5. FINAL ORDER NO. 95-27: Developer has obtained approval from the Board of Appeals and Adjustments for variances from City Code requirements within the R1-13.5 District for lot size less than 13,500 sq. ft. for Lots 10, 12, 14, Block/for construction on the Property as depicted in Exhibit B, attached hereto. Said approval has been granted through Final Order #95-27, attached hereto, and made a part hereof. Developer agrees to comply with all requirements of said Final Order No. 95-27. Developer agrees to file Final Order #95-27 of the Board of Adjustments and Appeals on the Property at Hennepin County Recorder's/Registrar's Office prior to the building permit issuance. Prior to the release of any building permit on the property, Developer agrees to provide proof of filing to the City. 6. 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. Said plan shall also identify the quantity, type, size and location of existing conifers to be transplanted. Transplanted conifer trees shall be located along the rear lot lines of Lots 4, 5, 6, Block One and along Outlot A on the north side of Candice Lane. 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. 7. REMOVAL/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. 8. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the Property. Said sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located on a 20 foot wide trail easement between Lots 6 and 7, Block One, depicted in Exhibit B, attached hereto. B. A five-foot wide concrete sidewalk along the south side of Forest Hills Road extension and along the west and north side of Candice Lane to Baker Road. Prior to the release of the final plat, Developer shall provide a 20 foot wide trail easement for review and approval by the Director of Parks, Recreation and Natural Resources. Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalk, concurrent with street construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. TREE LOSS REPLACEMENT: There are 201 inches of significant trees on the property. Tree loss is calculated at 74 inches. Tree replacement required is 36 inches. Prior to the release of the final plat and grading permit issuance, Developer shall submit to the City Forester and receive the City Forester's approval of a tree replacement plan for 36 inches. Said plan shall include replacement trees of a 2.5 inch diameter minimum size for a shade tree and a 6 foot minimum height for conifer trees. The majority to be located along the rear lot lines of Lots 7, 8, and 9, with remaining trees to be located on other lots. Developer agrees to implement or cause to be implemented the tree replacement plan for 36 caliper inches concurrent with building construction. DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: w C SECTION: Consent C endar DEPARTMENT: ITEM DESCRIPTION: Public Works Grant of Access and Utility Easement to Wallace Hilgren Eugene A. Die • Requested Action: Approve motion authorizing access and utility easement over a portion of Lot 2, Block 1, Eden Industrial Addition, lying south of Technology Drive; and authorize Mayor and Manager to execute the document. Background: As part of the MnDOT project to construct Technology Drive between Wallace Road and Mitchell Road, the access to the Hilgren property (Kleer-Flo) was modified. Additionally, the new alignment of Technology Drive severed a portion of the City property acquired for the purpose of relocating the Parks and Public Works Maintenance Facility. MnDOT owes the City of Eden Prairie the value of the severed property and the right-of-way taking for this project, but MnDOT and the City have generally agreed that a trade of some equivalent valued land in the future would be more desirable. Consequently, the City of Eden Prairie still retains title to the land lying south of Technology Drive over which the new driveways to the Hilgren property have been constructed. Although there is no particular practical problem with the arrangement as it exists, Mr. Hilgren is in the process of refinancing his property and the issue of his right to ingress and egress over the city property has been raised, which in fact is a technical problem. The resolution of this issue is through the granting of an easement to Mr. Hilgren, which will be permanent and run with the land. Financial Implications: This easement is proposed to be granted at no cost to Mr. Hilgren and merely documents the access that has always been planned as part of the Technology Drive project. Mr. Hilgren will be responsible for maintenance of his driveways within the easement area. There is no expected City cost, other than staff time, to conclude this process. /P.C . / • , •N � .M r 8/9/95 EASEMENT AGREEMENT This Agreement is made as of August _, 1995 between the City of Eden Prairie, Minnesota, a municipal corporation under the laws of Minnesota (the "City"), and Wallace L. Hilgren and Judith C. Hilgren, husband and wife, individuals residing in the State of Minnesota ("the Hilgrens"). RECITALS A. The City is the owner of the real property located in the City of Eden Prairie, Hennepin County, Minnesota legally described on Exhibit A hereto (the "City Property"). B. The Hilgrens are the owners of the real property located in the City of Eden Prairie, Hennepin County, Minnesota legally described on Exhibit B hereto (the "Hilgren Property"). C. The City and the Hilgrens have agreed that the City shall grant to the Hilgrens an easement over those portions of the City Property legally described on Exhibit C hereto (the "Easement Areas") for ingress, egress and utilities as set forth herein. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City and the Hilgrens agree as follows: 1. Grant of Easement. The City hereby grants unto the Hilgrens for the benefit of the Hilgren Property a perpetual non-exclusive easement over the Easement Areas for(a)ingress and egress by pedestrians and vehicles, and (b) utility services. 2. Maintenance. The Hilgrens at their expense shall maintain the Easement Areas and shall keep the same in good condition and repair, including removal of snow and maintenance of the pavement. 3. Enforcement. The City or the Hilgrens shall have the right to resort to legal action to enforce the provisions of this Agreement, which shall include any right available at law or in equity, including injunctive relief. 4. Amendment. This Agreement may be amended only by an instrument executed by all of the owners of the City Property and the Hilgren Property and by their respective first mortgagees. If either the City Property or the Hilgren Property is sold by contract for deed, the vendors and vendees shall all be considered owners. Junior mortgagees, other lienholders and tenants are not necessary parties to any amendment to this Agreement. 5. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall run with the land. This Agreement benefits and burdens the City Property and the Hilgren Property. • 6. Counterparts. This Agreement may be executed in counterparts which when taken together shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF EDEN PRAIRIE By Its 1 , And by Its Wallace L. Hilgren Judith C. Hilgren STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 1995, by and , the and ,respectively,of the City of Eden Prairie, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. • Notary Public 2 STATE OF MINNESOTA ) ) ss. •COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 1995, by Wallace L. Hilgren and Judith C. Hilgren, husband and wife. Notary Public • This instrument was drafted by: Leonard, Street and Deinard (DWK) 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 3 I' CONSENT OF STATE OF MINNESOTA The State of Minnesota has filed a Notice of Lis Pendens in the Matter of the Condemnation of Certain Lands for Trunk Highway Purposes, dated January 9, 1995, recorded in the office of the County Recorder of Hennepin County, Minnesota on February 2, 1995 as document number 6394863 (the "Lis Pendens"). The State of Minnesota consents to the foregoing Easement Agreement, agrees to be bound by it, and agrees that such Easement Agreement shall not be affected by the condemnation proceeding referred to in the Lis Pendens. STATE OF MINNESOTA By [printed name] Its Commissioner of Transportation STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of August, 1995, by , the Commissioner of Transportation of the State of Minnesota, on behalf of the State of Minnesota. Notary Public 4 • • EXHIBIT A (City Property) • Lot 2, Block 1, Eaton Industrial Addition, Hennepin County, Minnesota. A - 1 r • • EXHIBIT B (Hilgren Property) • Parcel 1: Lot 1, Block 1, Hoyt Roberts Second Addition. Parcel 2: The Southeasterly 19 feet of that part of vacated Technology Drive dedicated in the plat of Eaton Industrial Addition as measured radially to the Southeasterly line of said vacated Technology Drive, which lies between two lines radial to said Southeasterly line from two points distant 43.00 feet and 355.00 feet Northeasterly as measured along said Southeasterly line, from the Southwest corner of said addition, according to the plat as filed in the Office of the Registrar of Titles, Hennepin County, Minnesota. B - 1 • . EXHIBIT C (Easement Areas) A 40.00 foot wide easement over Lot 2, Block 1, and the adjacent vacated Technology Drive, EATON INDUSTRIAL ADDITION, Hennepin County, Minnesota; the centerline of said easement is drawn from a point on the South line of said Lot 2, distant 27.00 feet Northeasterly of the Southwest corner thereof; to a point lying 42.00 feet East of, as measured at right angles from a point on the West line of said Lot 2, distant 225.00 feet North of the Southwest corner of said Lot 2 and there terminating. ALSO A 30.00 foot wide easement over Lot 2, Block 1, EATON INDUSTRIAL ADDITION, and the adjacent vacated Technology Drive, Hennepin County, Minnesota; the centerline of said easement description is as follows: Beginning at a point on the South line of said Lot 2, distant 372.00 feet Northeasterly of the Southwest corner of said Lot 2, thence Northerly, parallel with the West line of said Lot 2, a distance of 50.00 feet and there terminating. • • C - 1 1 I 7-EC- /-11\in-------/ - .,- -�I _. _ ... _ _ �Y DRIVE -• 4 Ili l 1 m I m 1 I I X 41 1 • I 5829.58 1 _ _ _ PROPOSED N7$o I- - - - PROPOSED WI S 32" .- r- I ACCESS 1 I I EASEMENT A��o �O;0�� s 1 16 ACCESS �r03 EASEMENT L;'J%6-/ - EXIST WELL BLDG 4VF TFa '0 �' 8i I 02 , I �- I • 1 1i 1 L\NE ` •` �� " i I $8 W pR°p�R° 702101100....._<- �MN� Ca 1 0 1 I R�5p3' 19 NE ,,r 1'Jy — \ # x 1� 1 p�0\�88 2 . y;'-' \\ 1 I ` I `�3 \-- - SA 1 C.-4 W i 1 I �j, ''`� - LL glill i- -�\--I „ .� S , I I I I I I I I 1 1 Q 21 -T ,_- vR8 , , , t I I I 1 o- -, i N '.0 . y SEO �' HYD 1 1 1 1 1 1 1 1 1 11 1 1 1 I I II I �p Zn •....•.. ... ..... 1: ' 4 I fir\ p 0 91 ........... .. ': \ \ I... °RNE :1 .. ` EXISY 1 _ ___� 160.00 i 0A \ \ 5b 40.4�.0 rn s fil b`a PROPOSED W ✓�\" cY7C! WALK ty 234 DO l� I \ _ .. .. .-.- .iK:.. ...r.f .. -..._ .. :tiCK. .. ...+»id.•: .-s- - .'-'etil^v .v v...--. -. �fK....rb:.h=.T:... DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Public Works R.A.L.F. Application Authorization Eugene A. Dietz Bearpath Remnant Requested Action: Adopt the attached resolution authorizing City staff to begin the process of acquisition of the remnant parcel of land owned by the Sienna Corporation (Bearpath) that lies in the officially mapped corridor of TH 212 through the Metropolitan Council Right-of-Way Acquisition Loan Fund (R.A.L.F.) process. Background: The City of Eden Prairie adopted an official map in 1987 that identifies the TH 212 corridor. One of the primary objectives for adopting this map was the ability to utilize the R.A.L.F. process as administered by the Metropolitan Council to acquire both hardship homesteaded parcels and those parcels that were proposed for development. Acquisition has not commenced on all of the parcels in the corridor and the Bearpath parcel has never been authorized for acquisition using this loan fund. Sienna Corporation has requested that process begin. Financial Implications: The rules relating to the R.A.L.F. process allow for an interest free loan in an amount to cover the acquisition cost and all out of pocket expenses, i.e., appraisals, attorney fees, etc. Staff time is not reimbursable, but we provide this service to enable our residents/property owners a way to resolve outstanding right-of-way acquisition issues for TH 212. /V D . I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. ADVANCE ACQUISITION SIENNA PROPERTY (TOWNSHIP 116, RANGE 22) WHEREAS, the City of Eden Prairie has adopted an official map for the proposed construction of Trunk Highway 212; WHEREAS, Certain unplatted land owned by the Sienna Corporation (Bearpath) is within the proposed TH 212 corridor; WHEREAS, said parcel of land contains 68 acres and generally lies westerly of the proposed interchange of Dell Road with TH 212; WHEREAS, the owners have demonstrated an intent to develop the property; and WHEREAS, the Metropolitan Council administrates a funding mechanism (Right-of-Way Acquisition Loan Fund) to avert imminent conversion of developable property. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Director of Public Works be directed to submit an application to the Metropolitan Council for the purpose of acquiring the parcel in accordance with the Advance Acquisition and Loan procedures. FURTHERMORE, the Metropolitan Council is hereby requested to approve the use of Right-of- Way acquisition Loan Funds for use in acquisition of said property. ADOPTED by the Eden Prairie City Council on August 15, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk / U. D. 2 DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: /j/.Ara. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Change Order No. 1 for Anderson Lakes Parkway and Preserve Rodney W. Rue Boulevard Intersection Improvements (I.C. 94-5349) Recommended Action: Motion to approve Change Order No. 1 for Anderson Lakes Parkway and Preserve Boulevard Intersection Improvements. Overview: This Change Order includes additional excavation and backfill necessary to construct the street widening due to unsuitable soils encountered during construction. In addition, a deeper catchbasin structure was necessary due to a large pipe and shallower structure than indicated on the plans. This Change Order also includes some deductions for a larger quantity of geotextile fabric and paving the final lift of bituminous this year rather than next year. Financial Issues: This Change Order will result in a net increase of$9,936.16 to the construction contract. This Change Order, as well as the entire project, will be funded using State-Aid funds. We hereby recommend approval of Change Order No. 1 for Improvement Contract No. 94-5349 in the amount of$9,936.16 to Hardrives, Inc. U. E. / July 28, 1995 SRF No. 0942014 CHANGE ORDER NO. 1 City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 PROJECT: Anderson Lakes Parkway and Preserve Boulevard City of Eden Prairie City Improvement Contract No. 94-5349 State Aid Project Nos. 181-102-03, 181-107-07 CONTRACTOR: HARDRIVES, INC. 9724 - 10th Avenue South Plymouth, Minnesota 55441 WHEREAS: Unexpected unsuitable material was encountered at the bottom of the subgrade, north of Anderson Lakes Parkway and east of Preserve Boulevard. Additional subgrade excavation, geotextile fabric, and select granular borrow backfill were required to construct the proposed street widening. Because the quantity of geotextile fabric increased, the contract unit price was reduced to $2.00 per square yard. WHEREAS: The existing storm sewer pipe that crosses Anderson Lakes Parkway at approximately Station 43+50 was a larger diameter pipe and at a lower elevation than shown on the as-built plans. Additional catch basin structure depth is required to meet plan grades. The additional excavation to construct this catch basin also requires the reconstruction of approximately 125 feet of existing trail. /1/4. 2 Change Order No. 1 -2- July 28, 1995 WHEREAS: The Type 41 wearing course proposed to be placed in 1996 shall be placed in 1995 to eliminate uneven pavement elevations throughout the winter. The Type 41 wearing course contract unit price shall be reduced to $34.40. THEREFORE: In accordance with the terms of the contract and as discussed herein, you are hereby authorized and instructed to perform the work as itemized below. * * DECREASE* * Estimated Item No. Item Description Unit Unit Price Quantity_ Amount 0105.609 Geotextile Fabric,Type V Sq Yd $6.00 100 $ 600.00 2340.508 Type 41 Wearing Course Ton $35.00 210 $ 7.350.00 Mixture TOTAL DECREASE $ 7,950.00 • * * INCREASE* * Estimated Item No. Item Description Unit Unit Price Quantity Amount 2105.507 Subgrade Excavation Cu Yd $ 10.00 225 $ 2,250.00 2105.522 Select Granular Borrow Cu Yd $ 9.00 300 $ 2,700.00 (LV) 2105.609 Geotextile Fabric Type V Sq Yd $ 2.00 1,000 $ 2,000.00 2340.508 Type 41 Wearing Course Ton $ 34.40 210 $ 7,224.00 Mixture 0506.601 Raise Catch Basin 106 Lump Sum $ 1.112.16 1 $ 1,112.16 2521.511 2.5" Bituminous Walk Sq Ft $ 2.00 1,300 $ 2600.00 TOTAL INCREASE $ 17,886.16 NET INCREASE IN CONTRACT AMOUNT $ 9,936.16 CONTRACT SUMMARY Original Contract Amount $ 189,573.50 Change Order No. 1 $ 9,936.16 Revised Contract Amount $ 199.509.66 /1'. 6- 3 Change Order No. 1 -3 - July 28, 1995 ISSUED BY: • STRGAR-ROSCOE-FAUSCH, INC. DATE ACCEPTED: l-a//1/ (tV 444g/I HAR RIVE , INC. ii DATE VV (ZP APPROVED: Alan D. Gray, P.E., City Engineer DATE CITY OF EDEN PRAIRIE APPROVED: MN/DOT OFFICE OF STATE AID DATE METRO DIVISION / v- E: y DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: ///, SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Change Order No. 1 for Golden Ridge Drive Improvements Rodney W. Rue (I.C. 94-5360) Recommended Action: Motion to approve Change Order No. 1 for Golden Ridge Drive/City West Parkway Improvements. Overview: This Change Order includes additional work necessary for the installation of storm sewer at the Galarneau/Shady Oak Business Center site. Financial Issues: This Change Order will result in an increase of $24,284.75 to the construction contract. This Change Order will be funded by the Storm Water Utility Fund. We hereby recommend approval of Change Order No. 1 for Improvement Contract No. 94-5360 in the amount of$24,284.75 to Midwest Asphalt Corporation. July 24, 1995 CHANGE ORDER NO. 1 Project: Golden Ridge Drive Eden Prairie, Minnesota City Improvement Contract No. 94-5360 RCM Project NO. 10281.02 To: Midwest Asphalt Corporation You are hereby directed to make the changes noted below in the subject contract. NATURE OF CHANGE TO CONTRACT 1. Add Items 1-6; for installation of 18" RCP storm sewer at the Galameau/Shady Oak Business Center site. ADJUSTMENTS TO CONTRACT QUANTITIES AND COSTS ADD the following quantities and costs to the contract. Unit Item Description Unit Quantity Price Amount 1. 18" Class V RCP LF 313 $40.50 $12,676.50 2. 18" RC Apron w/ Trash guard EA 1 $853.00 $853.00 3. Rip rap CY 3 $80.00 $240.00 4. Standard MH 0-8' EA 3 $1,580.00 $4,740.00 5. Extra Depth Manhole LF 9 $122.25 $1,100.25 6. Connect to Existing 24" EA 1 $4,675.00 $4,675.00 TOTAL ADD $24,284.75 CONTRACT AMOUNT $347,354.35 INCREASE RESULTING FROM THIS CHANGE ORDER $24,284.75 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $371,639.10 THE ABOVE CHANGES ARE APPROVED: RCM ASSO IATES. INC. CITY OF EDEN PRAIRIE By � By Date Date THE ABOVE CHANGES ARE ACCEPTED: MIDWEST ASPHALT CORPORATION By Za%, Date g— /— /1 / 2 DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: /v. n• SECTION: Consent Calendar l' DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Change Order No. 2 for City West Parkway Improvements Rodney W. Rue (LC. 94-5368) Recommended Action: Motion to approve Change Order No. 2 for City West Parkway/Golden Ridge Drive improvements. Overview: This Change Order includes the installation of drain tile to improve the stability of the roadway. Financial Issues: This Change Order will result in an increase of $11,498.20 to the construction contract. This Change Order will be funded by special assessments and the road fund. We hereby recommend approval of Change Order No. 2 for Improvement Contract No. 94-5368 in the amount of $11,498.20 to Midwest Asphalt Corporation. /44. / August 2, 1995 CHANGE ORDER NO.2 Project: City West Parkway Eden Prairie, Minnesota City Improvement Contract No. 94-5368 RCM Project No. 10268.02 To: Midwest Asphalt Corporation You are hereby directed to make the changes noted below in the subject contract. NATURE OF CHANGE TO CONTRACT 1. Add Items 1-3 to Part A-City Portion of City West Parkway for installation of drain tile behind curb for stabilization of subgrade. Unit Item Description Unit Quantity Price Amount . 1 4" Tile w/sock & pea rock LF 303 $13.00 $3,939.00 2 1 1/2" clear rock TN 47.97 $9.50 $ 455.72 3 Connect to catch basin EA 1 $450.00 $ 450.00 TOTAL $4,844.72 2. Add Items 1-4 to Part B-Developer Portion of City West Parkway for installation of drain tile behind curb for stabilization of subgrade. Unit Item Description Unit Quantity Price Amount 1 4" Tile w/sock & pea rock LF 370 $13.00 $4,810.00 2 1 1/2" clear rock TN 100.45 $9.50 $ 954.28 3 Connect to catch basin EA 1 $450.00 $ 450.00 4 Geotextile fabric SY 244 $1.80 $ 439.20 TOTAL $6,653.48 TOTAL ADD $11,498.20 Contract amount to date (includes C.O. No. 1) $371,639.10 Increase resulting from this Change Order $ 11,498.20 Total contract value including this Change Order $383,137.30 THE ABOVE CHANGES ARE APPROVED: RCM ASSOCIATES, INC. CITY OF EDEN PRAIRIE By /f! "' _ By Date )--- 91 Date THE ABOVE CHANGES ARE ACCEPTED: MIDWEST ASPHALT CORPORATION By &a,tcs- Date 8- a '? S /v. ^• .2l - G4 DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: !y h< SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Walnut Ridge Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Walnut Ridge subject to the following conditions: • Revision of street name from Walnut Ridge Trail to Landing Road to reflect the through road condition with the property to the west • Receipt of conservation easements for tree protection • Receipt of covenants and restrictions detailing the requirements for custom lot grading and building restrictions • Receipt of easements for shared driveways • Receipt of engineering fee in the amount of $760 • Receipt of street lighting fee in the amount of $4,725 • Receipt of street sign fee in the amount of $374 • Satisfaction of bonding requirements for the installation of all public streets and utilities • City Engineer's approval of plans for municipal utilities and streets Background: This project is the development of the Schlampp property located on the south side of Riverview Road into 19 single family lots, two outlots and right-of-way dedication for street purposes. The preliminary plat was approved by the City Council May 9, 1995. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement was completed August 1, 1995. JJ:ssa cc: Ed Schlampp Rick Murray, Residential Development, Inc. Hedlund Engineering CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF WALNUT RIDGE WHEREAS, the plat of Walnut Ridge 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 Walnut Ridge is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 10, 1995. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 15, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk lU-�. 2 • WALNUT RIDGE R.T. DOC. NO. C.R. DOC. NO. BELL OAKS \ ESTATE SEl_l. OAKS ESTATE 3RD ADD:i I O 4TH \ ADO ITION - 10 line of Go.1.lot 4 -' SMen'21.E IGE'.11 -. GM 11: SMOG 1 ar. r li �X. i" / P. z / W I 2 ": I CC 1 N. e * Q Z OUTLOT B S . \ \) J 141 il /I CC i I a: I 11i,le A.e0 1.rn ' s ro.WI - NGlrlul' •(I1B56H .. �`\ DETAIL • HEIGHTS I �/ \ �� AIM IT ION 1 N. 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ItI1 . hI!B I <C ' DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: !v.r SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division License Agreement for Transportation Plan Software Alan D. Gray Recommended Action: Approve the license agreement with the Urban Analysis Group, Inc. for use of transportation software purchased by MnDOT. Overview: As a condition of the MUSA Line expansion to be approved by Metropolitan Council, the City has agreed to update the Transportation Chapter of the City's Guide Plan. This requires an analysis of the City's proposed street system which will be performed by Benshoof & Associates, utilizing software purchased by MnDOT from the Urban Analysis Group, Inc. The software is available to the City at no cost. The City is required to enter into the same license agreement as MnDOT with the Urban Analysis Group, Inc. Financial Issues: There is no cost to the City to use the software purchased by MnDOT. /U.1. / LICENSE AGREEMENT This Agreement (hereinafter "Agreement") is made this day of , 1995, between The Urban Analysis Group, Inc. , a California corporation having a place of business at 50 Oak Court, Suite 110, Danville, California 94526 (hereinafter "UAG") and the ro CITY OF EDEN PRAIRIE, having a place of business at 8080 Mitchell Road, Eden Prairie, Minnesota, 55344-4485 (hereinafter "Licensee") . 1. License. 1. 1 As owner of certain software and documentation packages, UAG has the right to combine selected components and operating system versions of such software and documentation into a comprehensive system, and license the system. 1.2 UAG grants and Licensee accepts upon the terms and conditions hereinafter set forth a non-transferrable, non-exclusive and perpetual license to use the system until this Agreement is terminated as set forth below. The specifications for operating system versions, software components and site restrictions that are the subject of this license are attached hereto as Exhibit A and incorporated herein (hereinafter referred to as "System") . The System will perform according to that portion of the user documentation that specifically applies to the System as defined in Exhibit A. The Price and Payment Schedule for the System is attached hereto as Exhibit B and incorporated herein. Training and installation support, if required, may be agreed upon between the parties and will be billed to Licensee at UAG's then-current billing rates. Page 1 2. Use of System. 2 . 1 The license granted under this Agreement authorizes Licensee to use the System in machine readable form on all processing units identified in Exhibit A, owned by Licensee (except as provided in Exhibit A) , and their peripheral units (hereinafter together referred to as "Computer") . For purposes of this Agreement, "use" is defined as including copying any portion of the System instructions or data from storage units or media into the Computer for processing. However, if the designated Computer is inoperative because of malfunction, the license granted under this Agreement for such Computer shall be temporarily extended to authorize Licensee to use the System on any other Computer, but only until the designated Computer is returned to operation. 2 . 2 This license Agreement may not be assigned, sublicensed, or otherwise transferred by Licensee without prior written consent from UAG, which consent may be granted or denied in the sole discretion of UAG. 2 . 3 Licensee agrees not to sell, access and/or use the System as a service bureau or to make the System available for use by any company or person other than Licensee. 3. Copies or Modifications of the System. 3 . 1 The System may be copied, in whole or in part, in printed or machine readable form, only for use by the Licensee on the designated Computer, for archive or emergency restart purposes, to replace a worn copy, or to understand the contents of such machine readable material. No right to print or copy the System, in whole or in part, is granted hereby except as expressly provided herein. The original Page 2 • and any copies of the System, in whole or in part, which are made by Licensee shall be the property of UAG. 3 . 2 Licensee shall keep any such copies and the original only at licensed locations specified in Exhibit A or at a location designated in writing by Licensee to UAG for the purpose of off-site emergency storage, except that Licensee may transport or transmit a copy or the original of the System to another location for backup use when required by Computer malfunction, provided the copy or original is destroyed or returned to a licensed location as soon as the malfunction is corrected. Licensee may change designated off-site emergency storage location upon ten (10) days written notice to UAG. 3 . 3 If Licensee modifies the System for its own use or merges it into other program material to form an updated work, such merged or updated work shall be used only on the designated Computer and shall remain the property of UAG and subject to the terms of this Agreement. UAG agrees, however, that while this Agreement is in effect, UAG will not market Licensee's modifications without Licensee's written consent, unless such modifications were developed by UAG independently. UAG WILL NEITHER BE RESPONSIBLE FOR NOR WARRANT, INDEMNIFY AGAINST, OR HOLD HARMLESS FOR ANY MODIFICATIONS WHICH ARE MADE TO THE SYSTEM AT THE REQUEST OF LICENSEE (WHETHER MADE BY UAG, LICENSEE, OR A THIRD PARTY) OR THE IMPACT OF SUCH MODIFICATIONS ON THE ORIGINAL SYSTEM; PROVIDED HOWEVER, THAT CHANGES MADE BY UAG, WHETHER OR NOT AT THE REQUEST OF LICENSEE, SHALL BE COVERED BY UAG'S WARRANTY AGAINST THE COPYRIGHT INFRINGEMENT CLAIMS OF OTHERS. During the warranty period, Licensee agrees to give UAG a list of all modifications to the original System which Licensee has made. If Licensee requests UAG to do any warranty work, Page 3 Licensee shall provide UAG with a current list of all such modifications as of that time. 3 .4 Any additions or modifications to the System which Licensee obtains from UAG now or at any time in the future shall be subject to Sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, and 12 of this Agreement. 4. Protection and Security. 4. 1 Title to the System, and all rights therein, including all rights in patents and copyrights which are or would be applicable thereto, shall remain vested in UAG, and System is understood to be a trade secret of UAG. Licensee acknowledges that UAG has a proprietary interest in the System and will hold it in confidence and agrees that the System is made available to Licensee on a non- exclusive and non-transferrable basis. Licensee's employees, agents, or independent contractors are hereby authorized to use the System on designated Computer, with Licensee's database; provided however, except as provided herein, Licensee agrees that it will not sell, disclose, or otherwise make the System available to others, and further, that it will neither knowingly nor negligently allow its employees, agents, or independent contractors to sell, disclose, or otherwise make the System available to others. If Licensee becomes aware of any such sale, disclosure or any other unauthorized availability of the System, Licensee shall immediately notify UAG by telephone and in writing. 4 . 2 Licensee further agrees to take all reasonable steps to ensure that the System is not disclosed or duplicated in whole or in part for the use of others except as provided herein, including, but not limited to: (1) providing physical security for copies of the System; and (2) Page 4 //b. f. 5� taking all steps Licensee takes to protect information, data, or other tangible and intangible property of its own that it regards as proprietary or confidential. Licensee will keep all confidential, proprietory, private, trade secret, etc. data pursuant to the Minnesota Data Practices Act (Minnesota Statutes, 1988, ch. 13) . To the extent that UAG has access to the private, nonpublic or confidential data of Licensee, UAG shall use its best efforts not tp divulge such information to any other person, unless compelled to do so by judicial or administrative process. 4 . 3 If, for source code licenses, it becomes necessary for Licensee to employ third party programmers and/or service personnel in order to ensure the continued usefulness of the System, Licensee may disclose or otherwise make the System software and/or documentation available to said third party programmers and/or service personnel, provided, however, that before doing so Licensee must obtain from such third party a signed copy of the Confidentiality Agreement attached hereto as Exhibit C. A copy of said Agreement shall be sent to UAG within ten (10) days after it is signed by the third party. 4 . 4 The parties hereto recognize that UAG earns money by licensing the System to licensees, and that if a potential licensee obtains a copy of the System from any other source, UAG will be deprived of that sale and of the revenue therefrom. Therefore, if Licensee makes or knowingly or negligently allows any unauthorized use of the System, including, but not limited to, unauthorized disclosure to third parties, UAG shall have all rights provided by law and/or equity and under this Agreement, including, but not limited to, the right to recover from Licensee the amount of any lost revenue and other benefits which UAG would have received if the recipient Page 5 and any subsequent recipients of the benefits of such unauthorized use had licensed the System from UAG, as well as an amount sufficient to compensate UAG for any damage to UAG's business reputation resulting from such unauthorized use. 4 .5 Licensee judicially admits for all purposes that damages for any violation or threatened violation of Section 4 are inadequate and that any violation or threatened violation of Section 4 shall constitute an irreparable injury to UAG and agrees that, in addition to all other rights provided by law to which UAG shall hereby be entitled, UAG shall have the right to have an injunction issued against Licensee to prevent Licensee from any violations or further violations of Section 4 . 5. Payment. The Licensee's right to the license of the System under this Agreement becomes effective only after full payment has been made by Licensee or made on behalf of Licensee by a third party, and Licensee has executed this Agreement. Licensee will make payments 30 days after the payment is due. No advance payments will be made before performance except as permitted by Section 16A. 065 (1988) of the Minnesota Statutes. According to Section 16A.124, subd. 5 of the Minnesota Statutes, Licensee will pay no more than 1.5% per month or 18% per annum interest on any late payment. 6. Limitation on Liability. 6 . 1 UAG LIABILITY HEREUNDER FOR DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SYSTEM. UAG WILL NOT BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL DAMAGES, EVEN IF UAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY Page 6 .f- • OTHER PARTY ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE SYSTEM, EXCEPT AS PROVIDED UNDER SECTIONS 6.2 AND 9 HEREOF. NOTWITHSTANDING ANYTHING SET FORTH ABOVE, UAG WILL NOT HAVE ANY LIABILITY FOR ANY MODIFICATIONS WHICH ARE MADE TO THE SYSTEM AT THE REQUEST OF LICENSEE (WHETHER MADE BY UAG, LICENSEE, OR A THIRD PARTY) OR THE IMPACT OF SUCH MODIFICATIONS ON THE ORIGINAL SYSTEM. 6.2 No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except that an action for non-payment may be brought within one (1) year after the date of last payment. 7. Warranty. 7 . 1 Subject to the provisions of Section 3.3, UAG warrants that the functions contained in the System will conform to that portion of the user documentation provided by UAG that specifically applies to the System as defined in Exhibit A, and that any programming error which prevents the System from so conforming, and for which correction is requested within ninety (90) days after the date on which the magnetic medium carrying the System is provided to Licensee will be corrected, provided that (1) the System is kept up to current standards by Licensee's application of all appropriate fixes in a timely fashion, (2) the hardware on which the System is being run is functioning properly, and (3) that Licensee is operating the System according to instructions given by UAG. 7 . 2 THE FOREGOING STATES THE EXCLUSIVE WARRANTIES OF UAG WITH RESPECT TO ALL ASPECTS OF THIS AGREEMENT, EXCEPT COPYRIGHT AND PATENT INFRINGEMENT, AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT Page 7 U- r, $' LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. Termination of License. 8. 1 UAG may terminate this license if: A. Licensee, or a third party designated by Licensee as responsible for making payments on Licensee's behalf, fails to make payments hereunder when due and continues to fail to make payments within thirty (30) days after UAG has made a demand in writing that such payments be made; or B. Licensee violates Sections 2, 3, 4 or 5 hereof; or C. Licensee has dissolved, liquidated, or permanently terminated its operations. 8 . 2 Upon such termination, Licensee shall return to UAG all copies of the System including, but not limited to, all modified copies and all documentation of any sort given to Licensee by UAG and all copies thereof. 9. Patent and Copyright. UAG owns all rights to the System and UAG will defend, at its expense, any action brought against the Licensee to the extent that it is based on a claim that the System, used within the scope of the license hereunder, infringes a copyright in the United States or a United States patent. UAG will pay any costs and damages finally awarded against the Licensee in such action which are attributable to such claim, provided that the Licensee notifies UAG promptly, in writing, of the claim and permits UAG to conduct the defense of such claim on behalf of Licensee and to agree to any settlement of such claim. If the Page 8 use of the System furnished hereunder is enjoined as a result of such suit, UAG, at its option and at no expense of the Licensee, shall either (1) obtain for Licensee the right to use the System; (2) shall substitute an equivalent System reasonably acceptable to Licensee and extend this indemnity thereto; or (3) modify the System so that it becomes non- infringing. Should the foregoing alternatives be deemed by both parties to this Agreement to be not reasonably available or satisfactory, Licensee may, at its option, return the System to UAG for a full refund of all sums paid under this Agreement. 10. Attorneys Fees. In the event that litigation results from any dispute arising between the parties hereto with regard to any of the provisions of this Agreement or the performance of the terms and conditions hereof by either of the parties hereto, the prevailing party in any such action or arbitration, including any action under Section 4.5, shall recover all of its costs, including reasonable attorneys' fees. 11. Licensee's Remedies Exclusive. Licensee's sole remedies are those specified in this Agreement. 12. Miscellaneous. 12 . 1 Exclusive Agreement. This Agreement is the exclusive agreement between the parties with respect to its subject matter and as of its date supersedes all prior agreements, negotiations, representations, and proposals, written or oral, related to its subject matter. Its terms cannot be modified, supplemented, or rescinded except by an agreement in writing signed by both parties. Page 9 Neither party shall be bound by or liable to the other party for any representation, promise, or inducement made by any of such party's agents or employees which is not embodied in this Agreement. In the event of any discrepancy or inconsistency between this Agreement and any other form used by either party in connection herewith, the terms of this Agreement shall govern. 12 .2 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby. 12 .3 Waiver. No waiver of any breach of this Agreement shall constitute a waiver of any breach, whether of the same or any other covenant, term, or condition. The subsequent performance of any of the terms, covenants or conditions of this Agreement shall not constitute a waiver of any preceding breach, regardless of the other party's knowledge of the preceding breach at the time of subsequent performance, nor shall any delay or omission of either party's exercise of any right arising from any such default affect or impair the parties' rights as to the same or future default. 12 .4 Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. 12 .5 Binding on Heirs and Assians. This Agreement shall inure to the benefit of and be binding upon the heirs, successors, and assigns of each of the parties hereto. 12 . 6 Notices. All notices to be given pursuant to this Agreement must be given in writing, personally or by mail, return receipt requested, and addressed to UAG or Licensee at their respective addresses on Page 1 of this Page 10 t v, [ iI Agreement, or such other address of which the other party has been previously notified in writing. All such notices shall become effective on the date of mailing. 12 .7 State Audit. The books, records, documents and accounting practices and procedures of UAG relevant to this Agreement shall be subject to examination by Licensee, the Minnesota Department of Administration, and either the Minnesota Legislative Auditor or State Auditor as appropriate. 12 .8 Taxpayer Identification. UAG's Federal Tax Identification Number is 68-0120330. UAG does not have a Minnesota Tax Identification Number. UAG's Federal Tax Identification Number may be used in the enforcement of federal tax laws. This number will be available to federal and state tax authorities and state personnel involved in the payment of state obligations. 12 . 9 Insurance. In accordance with Section 16B.85 (1988) of the Minnesota Statutes, Licensee is self-insured for property damage. Licensee's liability is governed by Section 3 .736 of the Minnesota Statutes and other applicable law. 12 .10 Indemnification. Licensee will not indemnify UAG for any claim brought against it by any third parties. 12 .11 Taxes. Licensee will only pay user taxes. Licensee will pay no taxes based on UAG's income. 12 . 12 Assignment of Acreement. If the Agreement permits assignment and if UAG assigns the Agreement, Licensee must be notified in writing of the assignee's name. 12 . 13 Security Deposit. Licensee will pay no security deposit. Page 11 12.14 Additional Licensing. Additional licensing of the non- source components of the system agreements between other Minnesota public agencies and UAg may be made following the execution of this license agreement. Those additional public agencies shall receive from the State of Minnesota, Department of Transportation, without charge, copies of the software and documentation for the above system components only after UAG has authorized the State of Minnesota, Deaprtment of Transportation, in writing, to distribute such copies to those public agencies. UAG and Licensee acknowledge that each has read and understood this Agreement and consents to be bound by its terms. THE URBAN ANALYSIS GROUP, INC. By: + Title: President Date: ? Sal tg95 LICENSEE By: Title: Date: Page 12 4 EXHIBIT A SYSTEM SPECIFICATIONS The System comprises the following software components, operating system versions and site restrictions: System Components TRANPLAN: All non-source code components for which the Minnesota Department of Transportation is licensed, as defined on the attached TRANPLAN Purchase Option Directory, and related documentation. NIS: All non-source code components for which the Minnesota Department of Transportation is licensed. TPMENU: All non-source code components for which the Minnesota Department of Transportation is licensed, excluding the SETMEN.EXE software component which permits menu customization and the TPMENU System Designer's Guide. Operating System Versions P g TRANPLAN: All operating system versions for which the Minnesota Department of Transportation is licensed. NIS: All operating system versions for which the Minnesota Department of Transportation is licensed. TPMENU: All operating system versions for which the Minnesota Department of Transportation is licensed. Licensed Processing Units and Site Restrictions TRANPLAN: This Agreement permits installation and use of non-source code on all processing units owned by Licensee, at all licensee sites. NIS: This Agreement permits installation and use of non-source code on all processing units owned by Licensee, at all licensed sites. TPMENU: This Agreement permits installation and use of non-source code on all processing units owned by Licensee, at all licensed sites. • TRANPLAN PURCHASE OPTION DIRECTORY Purchase Options Highway Transit Highway Transit Planning Planning Plotting Plotting DISTRIBUTION/MODAL CHOICE MODELS 1 Gravity Model X 2 Calibrate Gravity Model X 3 Fratar Model X 4 Modal Choice X 5 Calibrate Modal Choice X NETWORKS 1 Build Highway Network X 2 Macro Highway Network Update X 3 Build Cost User Network X 4 Build Transit Network X 5 Extract Subarea Network X PATHS 1 Highway Selected Summation X 2 Build Transit Paths X 3 Transit Selected Summation X 4 Build Intrazonal Impedances X X LOADING 1 Load Highway Network X 2 Load Highway Selected Links X 3 Load Transit Network X 4 Load Transit Station to Station X 5 Build Selected Link Trip Tables X 6 Analyze Multiple Selected Links X 7 Stochastic Highway Load X 8 Extract Subarea Trip Table X 9 Equilibrium Highway Load X MATRIX UTILITIES 1 Matrix Update X 2 Matrix Manipulate X 3 Matrix Compress X 4 Matrix Transpose X 5 Matrix Expand X 6 Build Fare Matrix X 7 Build Trip Table X IU, ilr EXHIBIT B PRICE AND PAYMENT SCHEDULE The license fee for the System has been paid for, by the State of Minnesota Department of Transportation as part of the Statewide License. DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV.J SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: 9f Engineering Division Enter into an Easement Agreement between the City of Eden Prairie and Jim Richardson Atherton Homes Association Recommended Action: Approve motion authorizing the entering into an easement agreement with Atherton Homes Association over Lot 30, Block 1, Atherton 3rd Addition, and authorize Mayor and City Manager to execute the document. Background: In order to alleviate drainage problems, provide a dry ponding area and improve storm water flow, the City proposes to install a storm sewer along Chestnut Drive. Financial Issues: Construction costs will be funded by the Storm Water Utility Fund. /1'• J. / EASEMENT AGREEMENT This Agreement is made and entered into this, day of � _ , 1995, by and between Atherton Homes Association, a Minnesota n n- ofit corporation (the "Grantor") and The City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota (the "Grantee"). WHEREAS, Grantor is the owner of certain real property located in the County of Hennepin, State of Minnesota, and legally described as follows (the "Burdened Property"): Lot 30, Block 1, Atherton 3rd Addition WHEREAS, as a condition of constructing a drainage area and pond, storm sewer system, and related improvements upon the Burdened Property, Grantee has required that it be granted an easement over, under and across the Burdened Property, and WHEREAS, Grantor desires to grant to Grantee, and Grantee desires to take from Grantor, the easement described in this Agreement, and WHEREAS, in further consideration of the grant of the easement, the parties have agreed to undertake certain obligations with respect to the maintenance and care of the Easement Area and Improvements as described herein. NOW THEREFORE, in consideration of the foregoing,the covenants and agreements contained herein, and for other valuable consideration the receipt of which is hereby acknowledged, the parties agree as follows: 1. Grants of Easement. Grantor hereby grants and conveys to Grantee, a permanent, exclusive easement for drainage and storm sewer purposes (the "Easement"), over, under and across the following described portion of the Burdened Property (the "Easement Area"): Commencing at the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 15, Township 116, Range 22; thence on an assumed bearing of North 89 degrees 46 minutes 33 seconds East, along the South line of said Northwest Quarter of the Southwest Quarter of Section 15, a distance of 466.63 feet; thence North 0 degrees 13 minutes 27 seconds West, a distance of 44.00 feet to the Southwest corner of said plat; thence South 89 degrees 46 minutes 33 seconds West, a distance of 32.00 feet along the South line of said Atherton 3rd Addition plat to the actual point of beginning of said permanent easement; thence North 0 degrees 13 minutes 27 seconds West, a distance of 71.00 feet; thence South 89 degrees 46 minutes 33 seconds West, a distance of 54.00 feet; thence North 0 degrees 13 minutes 27 seconds West, a distance of 52.50 feet; thence 6831 1:DBE:MARYB 1 /1/ J. 2 North 64 degrees 46 minutes 33 seconds East, a distance of 52.00 feet; thence South 45 degrees 57 minutes 53 seconds East, a distance of 167.12 feet; thence South 84 degrees 43 minutes 48 seconds East, a distance of 138.50 feet to a point on the Southeast line of said plat; thence South 44 degrees 17 minutes 13 seconds West, along said Southeast line, a distance of 21.84 feet to the Southeast corner of said plat; thence South 89 degrees 46 minutes 33 seconds West, along the South line of said plat, a distance of 235.37 feet, to the actual point of beginning and there terminating. The easement shall be appurtenant to the Burdened Property, and shall be binding upon and inure to the benefit of the parties hereto, and the respective owners and occupants of the Burdened Property, and their successors and assigns, and all other persons having or hereafter acquiring any interest in the Burdened Property. Said easement shall be used exclusively for the purposes specified herein, and for no other purposes, unless set forth in an amendment to this Agreement. 2. Maintenance. The parties' obligations to maintain and care for the Easement Area and all improvements located therein are as follows: A. Grantor shall, at its expense, maintain the grass and other ground cover on the Easement Area, following planting by the Grantee. B. Grantee shall, at its expense, maintain and repair all storm sewer improvements, equipment and related improvements constructed by it in the Easement Area, now or in the future, and all grading improvements affecting the functions of the drainage area and storm sewer system. 3. Construction, Repair and Restoration of Easement Areas. The construction, maintenance, repair or replacement work undertaken by Grantee or its agents on the Burdened Property in connection with the drainage and storm sewer improvements shall be done, at its expense, in a good and workmanlike fashion, and in accordance with sound engineering and construction standards. Following any work, the Easement Area, and any other parts of the Burdened Property affected by the work shall be restored by Grantee, at its expense, with seeding and sodding in accordance with its City Standard Specifications Book. 4. Improvements Restricted. Grantor shall not construct or permit any improvements on the Easement Area which will impair the ability of Grantee to use and maintain the Easement Area, unless Grantee has consented to such improvements in writing. 5. No Assumption of Liability. Grantee does not guaranty that its construction of the drainage area and storm sewer will cure any water or flooding problems 6831 1:DBE:MARYB 2 /v. J 3 experienced by Grantor or its members, and Grantee shall not be liable for any future damage ar loss arising our of such flooding. 6. Construction and Binding Effect. This Agreement shall be construed in accordance with the laws of the State of Minnesota, and shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered on the day set forth above. The City of Eden Prairie Atherton omes Association By: By: C� Title: Title: A C.A_ /\SL STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 3Gt( c: , 1996 , by , the of The City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 6831 1:DBE:MARYB 3 / U- J.tl DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV.K SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Plans and Specifications for Atherton Townhomes and Olympic Alan D. Gray Hills Drainage Improvements Recommended Action: Approve plans and specifications for storm drainage improvements for the Atherton Townhomes and Olympic Hills area. Overview: Investigations by the Engineering Division, based on requests from property owners, have disclosed several townhomes in the Atherton neighborhood and a single family home adjacent to Olympic Hills Golf Course that are subject to flooding during a 100-year rainfall event. Correction of these deficiencies, when feasible, is a high priority for the Storm Water Utility Fund. Studies have indicated that these deficiencies may be corrected at reasonable cost if easements were provided by the adjoining property owners. Both projects will involve the construction of short segments of storm sewer and the creation of holding ponds to retain storm water away from existing structures. The Atherton project will involve the excavation of a holding pond and will require the export of fill material from the site. The Olympic Hills project will utilize the excess material from the Atherton project to construct a dike on the rough areas of Olympic Hills Golf Course to protect an adjacent residential structure. Primary Issues: In both project areas adjacent residential structures are subject to flooding during the 100-year rainfall event. The value and salability of these structures may be affected by the existing drainage conditions which presents a hardship for their owners. These problems are created by runoff from multiple properties and cannot be solved by the effected property owners individually. It is appropriate to utilize Storm Water Utility Funds in these circumstances to bring the affected properties up to a level of protection established as a standard throughout the City. Financial Issues: The Atherton project is estimated to cost $35,000 and the Olympic Hills project is estimated to cost $40,000. Storm Water Utility Funds are sufficient to cover the cost of both projects. /1/.k./ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 95-5332 & 95-5391 Atherton Townhomes and Olympic Hills Drainage 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., September 14, 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, September 19, 1995, at the Eden Prairie City Hall, Eden Prairie. ADOPTED by the Eden Prairie City Council on August 15, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk /v- k- Z EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-15-95 SECTION: PUBLIC HEARINGS ITEM NO. V, A • DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger KINDERCARE Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Amendment on 2.75 acres. Background: The Planning Commission first reviewed this project at the June 26, 1995 meeting. The Planning Commission directed the developer to revise the development plan to relocate the outdoor play area to the center portion of the property and place the building and parking area adjacent to Highway 169 and Anderson Lakes Parkway. The Developer returned to the Planning Commission on July 28, 1995 and presented a revised Concept Plan consistent with the Commission's previous direction. The Planning Commission continued the item until August 14th, in order to review the final plans for grading, drainage, storm sewer, landscaping, tree replacement, architecture and signs. The staff will advise the City Council as to the Planning Commission's final conclusion at Tuesday night's Council meeting. The Community Development staff believes the Planning Commission will approve the project at the August 14, 1995 meeting, since the plans had been revised consistent with the Planning Commission's recommendations. 1. The building architecture has been revised to meet the 75% face brick and glass requirement. The roof shingles have been revised to match the cedar shake shingles on the existing office building. 2. A revised landscape plan has been submitted which meets City code requirements. 3. A revised tree replacement plan has been provided which meets City code requirements. 4. The site plan shows the extension of sidewalk to the east property line. 5. The site plan shows a sidewalk connection from the walk on Anderson Lakes Parkway to the Kindercare building. 6. The plan shows mechanical equipment inside the roof of the building and will not be visible. Supporting Reports: 1. Staff Report dated July 21, 1995 2. Staff Report dated June 23, 1995 3. Planning Commission Approved Minutes of June 26, 1995 4. Planning Commission Unapproved Minutes of July 24, 1995 V. A . - I EdeA Gio,'.;e. Ph% ,., 4.3 Com.,iss.o.A., jai VI, /995" B. KINDERCARE by Kindercare. Request for Zoning District Amendment in the Neighborhood Commercial Zoning District and Site Plan Review on 2.75 acres. Location: Highway 169 and Anderson Lakes Parkway. This is a continued item from the June 26, 1995 meeting. The Planning Commission directed the developer to revise the development plan to relocate the outdoor play area in the center of the site and place the building and parking areas adjacent to Highway 169 and Anderson Lakes Parkway. Franzen introduced John Dietrich, consultant, from RLK Associates who reviewed several site plans that have been considered and introduced the current proposed plan. The new plan indicates that the play areas are to be located to the north and east of the building. There will be a 35 foot setback from Highway 169 with a berm at a 3:1 slope. The developer will plant three rows of 12 foot trees on the south and west sides of the site. The NURP pond will remain the same. Clinton asked about the provisions for signage. Dietrich explained that there would be a pylon sign at the corner, 20 feet off the property line at the south and west. Also, a ground level monument sign at the entrance. Wissner questioned whether Kindercare uses climate control at all times, or do they occasionally open the windows. She was concerned about the noise level due to traffic on Highway 169 and how that might interfere with the children's learning. John Finlimore from Kindercare explained that generally they use climate control. However, on nice days they may choose to open the windows. He did not anticipate that highway noise would be a problem due to the planned berm and the fact that the rooms for the older children face away from the street. Schlampp asked where the run off will go once it leaves the NURP pond. His concern is that it will increase flooding potential for properties to the north. Franzen stated that Kindercare had met the City sign code, and a further analysis will be done to address the questions of drainage. These will include: 1. Where will the runoff go? 2. What is the size of the drainage area? 3. How high will the pond rise? 4. What year storm event will be used? The staff recommends that the project be continued to the August 14th meeting based on the six conditions listed in the July 21st Staff Report and the additional questions on drainage. MOTION 1: Wissner moved, seconded by Foote, to continue the public hearing until August 14, 1995 and direct City staff to publish for the August 15, 1995 City Council meeting. kpproJedZ Pc. NA;n�}es June_ 2(, 1 9as B. KINDERCARE by Kindercare. Request for Zoning District Amendment in the Neighborhood Commercial Zoning District and Site Plan Review on 2.75 acres. Location: Hwy. 169 and Anderson Lakes Parkway. John Dietrich, consultant, RLK Associates, reviewed his project with the Planning Commission. He understands that Staff is recommending an alternative site plan. They have looked at that and considered what else they could do to have a safe site. They feel the site plan functions to the highest level that Kindercare puts on each and every one of their sites. By centralizing the access and having multiple accesses exiting out of the parking lot, it's going to have a good traffic flow through the site. The are proposing a berm as a result of the safety issues arising from Highway 169. They will put in the correct amount of landscaping and replacement for caliber inches. Kindercare has the experience committed to developing quality care, qualities including safety and the welfare of the children. Schlampp asked how high is the berm on the west side of the lot. Dietrich replied that there's a berm that comes up about 3 feet above the roadway, and then it will be dropping back down into the site. Schlampp asked if there's a berm on the south side of the lot. Dietrich replied that it is not a berm. It's more of a flat sidewalk and it moves down at a 3:1 slope. Schlampp was concerned about the safety of the children and suggested moving the parking lot to the front and the playground to the rear. He said the City is recommending that also, and that it's logical. Ismail inquired about the age of the children that will be at the Kindercare. Greg Eswine replied that the ages will range from 6 weeks old up to 12 years old, 180 children maximum. Ismail asked what was different about the other alternatives for the building location. He mentioned that other plans have not been shown to the Commission. Dietrich replied that they have looked at alternatives for the building location. When the building was in the center, you have dead end parking. In terms of centering locating it, the need to have the play areas for the way the Kindercare has structured their facility. This was the best solution for how they set up their operation in terms of the different levels of play, and the access point to the building. V, A . - 3 Wissner expressed concern about the safety of the children being so close to 169. Foote shared the same concerns as Wissner and Schlampp did. He also would not want children to hear the noise of a crash, if it did happen. He would like to see the play area placed around the back. Greg Eswine stated that there are over 1200 Kindercares around the country. Day care is now viewed as commercial instead of residential. Franzen reviewed the Staff Report with the Commission. He noted that the main question is whether or not the Commission is comfortable with the plan as proposed, or should they explore different plans with a different location for the building, the playground area and the parking. Mike Hodges. residing at 12575 Creek Court. expressed concern about the tree replacement. Franzen replied that the City has an ordinance on tree preservation. A significant tree is based upon the species and diameter of the tree. For example, an oak or maple tree, greater than 12 inches in diameter, would be replaced as a percentage of those trees that are removed. The developer can not touch any trees in the wetland area. All the trees that are coming out are higher up on the property. Mike Hodges expressed concern about the holding pond that he see from his house. He can see it very clearly when there are no trees. He was also concerned about what type of fencing would go around the play area. Schlampp asked where the wetland drains. Franzen replied he thought it flows easterly over towards a wetland area on the south side of Anderson Lakes Parkway. Dietrich noted that all of the play areas will have a 4 foot green chain link fence surrounding the entire site. Ismail indicated that he would like the developer to go back and work on a convincing argument about why this specific design is really the best. He would also like the Staff to take care of the concern of Mr. Hodge's about drainage. Wissner commented that she is very uncomfortable with the plan and is not sure about this site for a day care center as a landuse. She asked the developer to come back and prove that this site will work for a daycare. Clinton indicated that he would like a more convincing argument that this site will work for a day care center. He was concerned about the noise that small children must endure. VA. - Kardell commented that the primary concern with the site plan is safety. She did not hear from Mr. Dietrich why this plan was preferred, especially since Staff expressed concern from the beginning about the safety and noise issue. She was also concerned about the parking since it is not clear if there is a shared parking agreement with the office building. She would like to see that issue addressed. She would like to see the Staff work with Kindercare on a better site plan, if possible. If not, she thought this Commission is not convinced about a day care on this site. She noted that a 3 foot berm and 4 foot chain link fence is not going to stop semi-trailer trucks at that intersection. Franzen indicated that he would get the resident's phone number and get someone from the Engineering Department to call him directly. MOTION 1: Clinton moved, seconded by Schlampp, to continue the public hearing to the July 24, 1995 meeting. Motion carried 6-0-0. V. A . - S STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: July 21, 1995 SUBJECT: Highway 169 and Anderson Lakes Parkway Kindercare APPLICANT: Kindercare FEE OWNER: Parkway Office Partnership LOCATION: Anderson Lakes Parkway and 169 REQUEST: 1. Zoning District Amendment within the existing Neighborhood Commercial Zoning District on 2.74 acres. 2. Site Plan Review on 2.74 acres for the construction of a 10,000 sq. ft. daycare center. 1 Staff Report Kindercare - 169 July 21, 1995 BACKGROUND This is a continued item from the June 26, 1995 meeting. The Planning Commission directed the developer to revise the development plan to relocate the outdoor play area in the center of the site and place the building and parking areas adjacent to Highway 169 and Anderson Lakes Parkway. REVISE DEVELOPMENT PLAN The revised concept plan shows the building and parking areas adjacent to the Anderson Lakes Parkway and 169 intersection with the play area in the interior. Kindercare would like direction from the Planning Commission on the Concept Plan before proceeding forward with the preparation of the remaining required detailed plans including grading, drainage, storm sewer, landscaping, tree replacement, architecture, and signs. If the concept is endorsed by the Planning Commission, Kindercare would like to be scheduled for the August 14th Planning Commission meeting and for the August 15th City Council meeting. STAFF RECOMMENDATION The staff believes that the revised Concept Plan addresses the concerns of City staff and the Planning Commission. The staff would recommend that the project be continued to the August 14th meeting, based on the following conditions: 1. Building architecture to meet 75% face brick and glass. Roof shingles to match the existing office building which is cedar shake. 2. A landscaping plan meeting City code requirements. 3. A tree replacement plan meeting the City code requirements. 4. Extending the sidewalk to the east property line. 5. Provide a sidewalk connection from the walk on Anderson Lakes Parkway to the Kindercare building. 6. A plan with screened mechanical equipment units. 2 V, A, - g STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 23, 1995 SUBJECT: Highway 169 and Anderson Lakes Parkway Kindercare APPLICANT: Kindercare FEE OWNER: Parkway Office Partnership LOCATION: Anderson Lakes Parkway and 169 REQUEST: 1. Zoning District Amendment within the existing Neighborhood Commercial Zoning District on 2.74 acres. 2. Site Plan Review on 2.74 acres for the construction of a 10,000 sq. ft. daycare center. 1 Staff Report Kindercare - 169 June 23, 1995 BACKGROUND In 1979 the City approved a Comprehensive Guide Plan change for this site from Medium Density Residential to Neighborhood Commercial. This site is zoned Neighborhood Commercial, based on a site plan for a 13,000 sq. ft. retail building with convenience gas. ALTERNATIVE SITE PLAN A daycare center is a permitted use in a Neighborhood Commercial District, but is subject to site plan approval. The staff does not believe that the proposed plan is the best site plan for the property, since location of the outdoor play area, immediately adjacent to Highway 169 and Anderson Lakes Parkway, is a potential safety problem. Highway 169 is a State Highway with 30,000 cars per day. Anderson Lakes Parkway is a collector road, with approximately 10,000 vehicles per day. This intersection has been the site of numerous accidents. City code allows the Planning Commission and City Council to impose conditions which are reasonably related to the health, safety, and welfare of the residents of the City. Staff has previously suggested that the parking and building be located adjacent to the intersection and the outdoor play area be protected in the interior of the site. (See letter dated May 22, 1995 to Eric Schneider.) SITE PLAN - COMPLIANCE WITH CITY CODE REQUIREMENTS The site is being developed at a base area ratio of .09. The City code allows up to a .20 base area ratio in the Neighborhood Commercial Zoning District. The building meets the required front yard setback of 35 feet from both street frontages. The amount of parking required is based on a ratio of 6 spaces per 1,000 sq. ft. of gross floor area, or 63 parking spaces. The existing office building to the east requires 40 parking spaces. Only 30 parking spaces exist on the office site. Between both sites, a total of 103 parking spaces are required. These spaces may be actual or proof of parking. There are 86 actual parking spaces. The remaining 17 parking spaces may be proof of parking. Should Kindercare convert to another use in the future, the outdoor play area can be converted to parking. The 1985 approval for the office and retail was based upon a concept of shared parking since the office building site could only accommodate 30 parking spaces. Therefore, a minimum of 10 parking spaces on the Kindercare site must be designated for shared parking. GRADING There is an existing delineated wetland on the property. No fill is proposed in the wetland area. 2 V. A. — I O Staff Report Kindercare - 169 June 23, 1995 There are 288 inches of significant trees (cottonwoods) on the property that would be lost due to construction. Although the tree inventory indicates a total of 1105 inches of trees, these are primarily poplar and boxelder which cannot be used in the calculation of tree loss. Tree replacement, therefore, is 288 inches. Approximately half the diameter inches removed are due to the construction of the required pretreatment pond. There is a significant amount of tree mass in the wetland area which buffers the residential areas to the north. Retaining walls and steep slopes are proposed along the north edge of the property. Retaining walls are necessary to provide enough room for the construction of the pretreatment pond. The grading plan must be revised to depict high points at the top of the retaining walls to direct water toward the sides. Water draining directly over the top can contribute to the collapse of retaining walls during heavy rainfalls. BUILDING ARCHITECTURE City code requires that the building be 75% face brick and glass, and architecturally compatible with other buildings in the area. The proposed building is approximately 50% brick and glass. In order to be architecturally compatible with the adjoining office building, building materials, including walls and roof should match. The building architecture should be revised to meet the brick, glass and architectural compatibility requirements of City code. The plans do not show the location of mechanical equipment. Mechanical equipment is required to be screened from public roads and adjacent differing land uses. If the mechanical units are to be located outside, they must be located behind a brick enclosure. LANDSCAPING The amount of landscaping required is based upon a caliper inch requirement according to building square footage and tree replacement. The caliper inch requirement is 33 inches and the tree replacement requirement is 220 inches, for a total of 253 inches. The current landscape plan depicts a total of 140 inches. A revised landscaping plan must be submitted for 113 inches. There is room on site to provide the required additional landscaping. SIDEWALK The existing bituminous walk along Anderson Lakes Parkway must be extended from the existing driveway easterly toward the east property line of the office building. 3 V. A , - I I Staff Report Kindercare - 169 June 23, 1995 TRASH The trash enclosure must be constructed out of face brick. LIGHTING Since this site is near a residential area, the maximum height should be 20 feet. The light fixture must be a shoebox design so that light is directed down on the parking lot surface. SIGNS City code will allow one 20' high 80 sq. ft. pylon sign and one 36 sq. ft. 6 ft. high monument sign. These signs must be located a minimum of 20' back from City right-of-way. The signs meet City requirements. STAFF RECOMMENDATION The Community Development staff present the Planning Commission with the following alternatives: I. If the Planning Commission is comfortable with the Site Plan as proposed, then one option would be to recommend approval of the Zoning District Amendment and Site Plan based on plans dated June 23, 1995 and subject to the recommendations and the Staff Report and subject to the following conditions: 1. Prior to City Council review, the proponent shall submit for review and approval: A. A revised landscaping plan with 113 additional caliper inches. B. Revised building elevations meeting the 75% face brick and glass requirement. C. Revised building elevations to show architectural compatibility with the existing office building. D. Submit samples of exterior materials and colors similar to the office building. 4 VA - 1Z. Staff Report Kindercare - 169 June 23, 1995 2. Prior to building permit issuance, the proponent shall: A. Pay the appropriate cash park fee. B. Submit plans for review and approval by the Fire Marshal. C. Submit samples of exterior building materials. D. Submit a final landscape plan and security for review. II. If the Planning Commission is comfortable with the daycare center as the landuse but is uncomfortable with the site plan as proposed, then one option would be to recommend a continuance and direct the proponent to revise the Site Plan as follows: A. Relocate the building and/or parking area to the southwest corner of the property. B. Move the outdoor playground area to the interior of the property. C. Revise exterior building elevations to meet City code requirements for materials and architectural compatibility. D. Submit a revised landscaping plan with 181 additional caliper inches. The staff recommends Alternative II. 5 VIA . - 13 DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V.B SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Finance Dept. Request for a Refinancing of Multi-family Housing Bonds for Olympic John D. Frane Ridge Apartments - $7,300,000 Requested Action: Adopt a resolution authorizing the refunding. Background: This project was called Eden Point Apartments when it was approved by the Council in 1985. The bonds are not general obligations of the City. $5,894,000 of the bonds are F.H.A. insured. $1,406,000 will be privately placed. AUG 10 '95 17:03 FAEGRE & BENSON r.c RESOLUTION NO. AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, THE EXECUTION OF RELATED DOCUMENTS AND THE PERFORMANCE OF RELATED ACTIONS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. 1.01 CumentjAutharity. Pursuant to Minnesota Statutes, Chapters 462A and 462C (the "Act"), the City is authorized to issue revenue bonds to refund the City's Multifamily Housing Development Revenue Bonds (Olympic Ridge Project) (the "Prior Bonds") the proceeds from the sale of which financed the acquiring, constructing and equipping of a 143- unit multifamily rental housing facility located on Homeward Hills Road at the intersection of County Road No. 1 in the City (the "Project"), which constitutes a "multifamily housing development" within the meaning of the Act. The City has adopted a housing plan and, with respect to the Project, a program, adopted on November 19, 1985 as required by the Act. 1.02 loosed Financing, The Project is presently be owned by R. Neslund Co., a Minnesota corporation (the "Prior Company"), which is the successor to the original owner of the Project. The Prior Company has requested the City to issue and sell its Multifamily Housing Revenue Refunding Bonds, Series 1995A (GNMA Collateralized Mortgage Loan -- Olympic Ridge Project) in the approximate aggregate principal amount of $5,894,000 (the "Series A Bonds"), its Multifamily Housing Revenue Refunding Bonds, Series 1995B (Olympic Ridge Project) in the approximate aggregate principal amount of $520,000 (the "Series B Bonds"), and its Multifamily Housing Revenue Refunding Bond, Series 1995C (Olympic Ridge Project) in the approximate aggregate principal amount of $886,000 (the "Series C Bond" and collectively with the Series A Bonds and the Series B Bonds, the "Bonds"). The Series A Bonds and the Series B Bonds are proposed to be issued pursuant to a Trust Indenture (the "Series A and B Indenture") between the City and First Trust National Association(the "Trustee")and the Series C Bond is proposed to be issued pursuant to a Trust Indenture(the"Series C Indenture")between the City and the Trustee. Prior to the issuance of the Bonds, the Prior Comppany will transfer all of its interest in and to the Project to Olympic Ridge Limited Partnership, a Minnesota limited partnership (a partnership with the Prior Company as its general partner, referred to herein as the "Borrower"). Sale proceeds of the Series A Bonds and the Series B Bonds are proposed to be loaned to the Borrower pursuant to a Loan Agreement and a Subordinate Loan Agreement, respectively (collectively referred to as the "Series A and B Loan Agreements"), in order to AUG 10 '95 17:04 FAEGRE & BENSON P.3 refund, together with other funds, the Prior Bonds. Sale proceeds of the Series C Bond are proposed to be loaned to Richard and Macbeth Neslund (each a shareholder (or related to a shareholder)of the Prior Company, referred to herein as the"Shareholders")pursuant to a Loan Agreement between the City and the Shareholders (the "Series C Loan Agreement") for the purpose of refunding the Prior Bonds. The Series A and B Loan Agreements will provide for payments from the Borrower sufficient to pay timely when due all principal of and interest on the Series A Bonds and the Series B Bonds, respectively. The Series C Loan Agreement will provide for payments from the Shareholders sufficient to pay timely when due all principal of and interest on the Series C Bond. Proceeds of the Bonds will be deposited with the Trustee under an Escrow Agreement between the Issuer, the Trustee and the Borrower (the "Escrow Agreement")to be applied for the refunding of the Prior Bonds on December 1, 1995. The Series A Bonds are proposed to be secured primarily by a fully-modified pass- through security, guaranteed by the Government National Mortgage Association. The Series B Bonds are proposed to be secured on a subordinate basis to the Series A Bonds by an assignment to the Trustee of all rights of the City in the Series B Loan Agreement(with certain exceptions) and by a second mortgage lien on and security interest in the Project granted pursuant to a Subordinated Multifamily Mortgage and Security Agreement from the Borrower to the Trustee (the "Series B Mortgage"). The Series C Bond is proposed to be secured by an assignment to the Trustee of all rights of the City in the Series C Loan Agreement(with certain exceptions). The Prior Company has entered a certain Regulatory Agreement and a certain Declaration of Restrictive Covenants with respect to renting a portion of the Project to qualifying low and moderate-income persons. In connection with the issuance of the Bonds, the Borrower proposes to amend each of the above documents pursuant to an Amendment to Regulatory Agreement between the City, the Trustee and the Borrower (the "Amendment to Regulatory Agreement") and a Second Amendment to Declaration of Restrictive Covenants between the City,the Trustee and the Borrower(the "Amendment to Declaration of Restrictive Covenants"). Miller & Schroeder Financial, Inc. (the "Underwriter") proposes to act as the underwriter to purchase all Bonds at the prices and upon the terms set forth in a Bond Purchase Agreement between the City, the Underwriter and one or more other parties (the "Bond Purchase Agreement"). The Series A Bonds will be offered pursuant to a Preliminary Official Statement (the "Series A POS")and are proposed to be sold pursuant to a final Official Statement,the Series B Bonds will be offered pursuant to a Preliminary Official Statement (the "Series B POS") and are proposed to be sold pursuant to a final Official Statement and the Series C Bonds will be offered pursuant to a Preliminary Private Placement Memorandum ("Series C Preliminary PPM") and are proposed to be sold pursuant to a final Private Placement Memorandum. The 2 RUG 10 '95 17:05 FREGRE & BENSON P.4 Series A POS, Series B POS and Series C Preliminary PPM are collectively referred to herein as the"Preliminary Offering Documents". 1.03 Dggumentaign. Forms of the following have been prepared and submitted to this Council and are hereby directed to be filed: (a) the Series A and B Indenture; (b) the Series C Indenture; (c) the Series A and B Loan Agreements; (d) the Series C Loan Agreement; (e) a form of each of the Bonds; (t) the Amendment to Regulatory Agreement; (g) the Amendment to Declaration of Restrictive Covenants; (h) the Escrow Agreement; (i) the Bond Placement Agreement; and (j) the Series C Mortgage. Section 2. Findings and.Approval of Documents. Based on the foregoing, the City Council hereby determines that issuance of the Bonds furthers the purposes of the Act and approval of the Bonds and the transactions herein contemplated are in the public interest of the City. The forms of each document listed in Section 1.03 are hereby approved. Section 3. OfferingDagianewa. The City Council has been presented with a form of each of the Preliminary Offering Documents and consents to the use of the Preliminary Offering Documents in substantially the forms presented. The City also approves the use of such documents in their final form as completed to reflect the terms of the Bonds herein approved. The City has not reviewed or participated in the preparation of the Preliminary Offering Documents, has made no independent investigation with respect to the information contained therein and assumes no responsibility for the accuracy or completeness of such information or such documents as finalized or amended. Section 4. The Bonds;Terms,Sale and Execution. 3 AUG 10 '95 17:05 FAEGRE & BENSON P.5 4.01 Authorization . The City Council hereby authorizes the issuance of the Bonds bearing the interest rate or rates as negotiated between the Borrower and the Underwriter (provided the aggregate principal amount and the rate or rates shall not exceed$5,900,000 and 9 %per annum on the Series A Bonds, $550,000 and 12 % per annum on the Series B Bonds, and $900,000 and 12 % per annum on the Series C Bond) and the sale thereof to the Underwriter at the price and upon the terms contained in the Bond Purchase Agreement. Notwithstanding the foregoing, the sale of the Series B Bonds and Series C Bonds shall be made on a private placement basis. 4.02 Tom. All terms of the Bonds, including their interest rates, series, dates, maturity, place and medium of payment,principal amounts,registration privileges, redemption terms, manner of execution, form and other terms, covenants and conditions shall be as provided in the final Series A and B Indenture and the Series C Indenture (subject to the restrictions provided in this Resolution), as appropriate, which are hereby incorporated in their entirety herein and shall constitute a part of this Resolution. 4.03 Execution. The Mayor and City Clerk are hereby authorized and directed to execute the Bonds and the other documents referred to above, to the extent the City is a party thereto and the signatures of such persons are called for, and to deliver them to the Trustee, together with the other documents, certificates, consents or instruments required of the City in the Series A and B Indenture or the Series C Indenture or as may be appropriate to effect the transactions herein contemplated, but only upon satisfaction of the conditions precedent to issuance of the Bonds set forth in the applicable Indenture and satisfaction (or waiver) of the conditions precedent to the Underwriter's obligation to purchase the Bonds as set forth in the Bond Purchase Agreement. Copies of all foregoing documents, certificates, consents or instruments shall be delivered, filed and recorded as provided therein. 4.04 11tIndifications,Absence of Officers. The approval hereby given to the execution and delivery of the various items referred to in Section 4.03, including the Bonds, includes an approval of such modifications thereto, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Faegre & Benson Professional Limited Liability Partnership as Bond Counsel and Lang, Pauly & Gregerson, Ltd., prior to the execution and delivery of the same. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence or disability of any officer or employee of the City, any of the documents authorized by this Resolution to be executed by such person may be executed by any other person who is otherwise permitted by law to execute such documents on behalf of the City. Section 5. . The Mayor, City Clerk and other officers of the City are authorized and directed to furnish to the Underwriter and Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds,and such other affidavits 4 AUG 10 '95 17:06 FAEGRE & BENSON P.6 and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officers' custody or control or as otherwise known to them; and all such certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Section b. Limitations of the Cjty's Qhligations. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation, and shall not be payable from nor charged upon any funds other than the revenues pledged to the payment thereof, and no holder of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the premium, if any, or interest thereon, or to enforce payment thereof against any property of the City, other than those rights and interests of the City pledged therefor under the Indenture. The agreement of the City to perform the covenants and other provisions contained in this Resolution or the Bonds, the Series A and B Loan Agreement, the Series C Loan Agreement, the Series A and B Indenture, the Series C Indenture,the Bond Purchase Agreement or the Bond Placement Agreement shall be subject at all times to the availability of revenues furnished by or on behalf of the Borrower sufficient to pay all costs of such performance or the enforcement thereof and the City shall not be subject to any personal or pecuniary liability thereon. Section 7. Effective Dux. This Resolution shall become effective as of the date and time of its adoption. Adopted: August_, 1995. Approved: Mayor Attest: City Clerk 5 DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: V e SECTION: Public Hearing ' DEPARTMENT: ITEM DESCRIPTION: Engineering Division VAC 95-07: Vacation of Drainage and Utility Easements within Outlots A David Olson and B, Hartford Place 2nd Addition (Published 07/27/95) Recommended Action: Adopt the resolution vacating the drainage and utility easements within Outlots A and B, Hartford Place 2nd Addition. Overview: The owner of the referenced Outlots has requested Vacation of drainage and utility easements to enable replatting of the property and the dedication of new easements representing newly installed or relocated utility improvements. Primary Issues: Vacation drawings. v. //. 0. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN PART OF HARTFORD PLACE 2ND ADDITION (VAC 95-07) WHEREAS, the City of Eden Prairie has certain drainage and utility easements described therein as follows: All drainage and utility easements as platted over Outlots A and B, Hartford Place 2nd Addition recorded in the Office of the Registrar of Titles, Hennepin County, Minnesota. WHEREAS, a public hearing was held on August 15, 1995 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on August 15, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk • HARTFORD PLACE 2ND ADDITION R.T.DM.NO.. - r : rc ,1w t ., ��b • % .. .. .. cy.NnDY'1J! [ ao,rs'E w4�2:fiw / s2e 5rE , - Iseu <y' \ .ram 1,•,tor, mart I't J[ • • e e0.0U •..,.' 3el'. ry J;$�f 1 4 Y ♦ ♦ s yo a :� ••/ \yam 1 1,^. •.16 ,t 5A5'O5'15E R� -'•'--'Li•\i ` ,U",1,• 1 r.•' 2.e1 _ N e,�. SeY'S1'2C w] 1-5 01 W-,6• W([eYe.N:[MO 014.01 r/SENENI V.0 1 Aj J �"6R�63 ISr19].N Seb 11]! MO ACROSS NL Or EW is.bLKW!)4.„,..,6ry1 2 41 R.500.00 IN.]SN6 U0 i, lit r N �,� ♦ v� n NbY]e'15•E . 6 . Z/ moo '* -♦.•• [t0 9 "005e ♦•. ICI : .�, . 16 Z 1b 50015 1 12r t I w2Y 03 1. o1N. f,. 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' t ‘S•\, • -• •.. • . •.. . . \ :.•••....V43••13•51224-8,3.21...., . ,4.. _ , \ ,,..,,-- ,.....,. . , q.s • • '• 34704.48, - ) \ VI"''''''' );"1 \ ..t-,,,,2d!.!; • ..!.. , . • • ' . ....). ' 6.,1;11,8•?; 40.11'‘s".•illthS '. '11,..1. . ill"' 42.•''' ci'-..•4-' \ AL 7/.AND . •, \ . ' 1.."•-.:,,-; 7. ‘--.,,, ,, -.. ili ' 384,01,• \ , . , • •••• -1-1`:.!;)''' c-•,,,_:- ,...,, ', . cr:',;‘, .• .:. * --?, ,,. ..: .0 \ . , 4,..,.• b. • OUTLOT A ...". '2 s- •• - 94:.'" . ,,,, ,...• A) , \ , . (...j 'i- • • '',, " - CrZtrI"'Zi rt:'0.171.0, •..,,, • • • • •• 'ij•rf'\ eic‘'. .,' • , - . .. 1 _,...luo,,,..„\ -•64 <',' ',. , \ ''..4‘ ••••-. '-... • •,.. • I n ' \ .-., v..., si 1 ' \ ••.:. . / ;'"•• .„ „„ ,„ , ,.., ,, /' '- -,„, `,. -,,,,,„ „ , ' . _._„r \ • ' ,' •ei. ./ `.. . .,., . . .s.„ '. ' ...,, -...,_, • 4• ,":',..7',' ; 1;',''',','-'..'-';r, ,,/.,..;../..,./. l' 'I e• \,..' ,c„,, ,• ,-- ,. ,.. ,,, . ,,,.,-,-,,.. , -, •- .-• • 1.10013 . '•4- •• ••• •'• - r .....a.. • •„. . 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FINANCE DEPT PAYMENT OF CLAIMS VI CHECKS NUMBER 33342 THRU 33804 Action/Direction: AUGUST 15, 1995 VI 33342 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 07-21-95. 700.00 33343 NORWEST BANKS MINNESOTA N A PAYROLL 07-21-95. 98378.67 33344 BELLBOY CORPORATION LIQUOR. 2838.48 33345 EAGLE WINE CO LIQUOR & WINE. 2502.80 33346 GRIGGS COOPER & CO INC LIQUOR. 48524.30 33347 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE. 50248. 14 33348 PAUSTIS & SONS CO WINE. 2632.88 33349 PHILLIPS WINE & SPIRITS LIQUOR & WINE. 33913.75 33350 PRIOR WINE CO LIQUOR & WINE. 9244.47 33351 QUALITY WINE & SPIRITS CO LIQUOR & WINE. 19840.45 33352 THE WINE COMPANY WINE. 392.74 33353 WORLD CLASS WINES INC WINE. 135.00 33354 CITY OF RICHFIELD 1850. 18.50 33355 DULUTH RADTSSON CONFERENCE LODGING-HUMAN RESOURCES DEPT 130.50 33356 NATALIE SWAGGERT 25.00 33357 ANCHOR PAPER COMPANY COLORED COPY PAPER-RECREATION 54.6, ADMINISTRATION DEPT. 33358 SUPPLEES 7 HI ENTER INC AUGUST 95 RENT-LIQUOR STORE II. 5032.64 33359 UNITED PROPERTIES AUGUST 85 RENT-LIQUOR STORE III. 6515.89 33360 MINNESOTA UC FUND SECOND QUARTER 95 UNEMPLOYMENT 977.28 COMPENSATION. 33361 OLD LOG THEATER TICKETS-ADULT PROGRAMS/FEES PAID. 222.00 33362 PRAIRIE VILLAGE LTD PARNERSHIP ADDITIONAL FIRST HALF 1995 TAX SETTLEMENT. 7620.37 33363 MINNESOTA CLE SCHOOL-POLICE DEPT. 195.00 33364 NORTH MEMORIAL MEDICAL CENTER SCHOOL-POLICE DEPT. 178.00 33365 AMERICAN RED CROSS LIFEGUARD INSTRUCTOR RETRAINING-AQUATIC & 135.00 FITNESS PROGRAM. 33366 BOMA INTERNATIONAL CONFERENCE-FACILITIES DEPT. 725.00 33367 NATL RECREATION & PARK ASSN ENTRAPMENT PROBES & PROTRUSION GAUGES 276.35 KITS/INSPECTING PLAYGROUNDS FOR HAZARDS VIDEO TAPE-PARK MAINTENANCE. 33368 RICHARD BEYER HORSESHOE LEAGUE PRIZES-ORGANIZED 150.00 ATHLETICS PROGRAM. 33369 U S WEST COMMUNICATIONS SERVICE. 5374.05 33370 DANIEL MCHALE ENTERTAINMENT-STARING LK CONCERT SERIES- 300.00 ARTS COMMISSION. 33371 CYRIL L PAUL ENTERTAINMENT-STARING LK CONCERT SERIES- 675.00 ARTS COMMISSION. 33372 MARY BETH CARLSON ENTERTAINMENT-STARING LK CONCERT SERIES- 400.00 ARTS COMMISSION. 33373 JEFFREY Z WOLD ENTERTAINMENT-STARING LK CONCERT SERIES- 500.00 ARTS COMMISSION. 33374 LEROY LARSON ENTERTAINMENT-STARING LK CONCERT SERIES- 400.00 ARTS COMMISSION. 33375 THE IDLEWILDS ENTERTAINMENT-STARING LK CONCERT SERIES- 450.00 ARTS COMMISSION. 33376 STANLEY J BANN ENTERTAINMENT-STARING LK CONCERT SERIES- 100.00 ARTS COMMISSION. 33377 LEE MIXASHAWN ROZIE ENTERTAINMENT-STARING LK CONCERT SERIES- 500.00 ARTS COMMISSION. 30030707 AUGUST 15, 1995 1 . AUGUST 15, 1995 VI 33378 RHINESTONE ROCKETTES ENTERTAINMENT-STARING LK CONCERT SERIES- 125.00 ARTS COMMISSION. 33379 SHASHI AGRAWAL REFUND-SWIMMING LESSONS. 24.00 33380 KIM BARDWELL REFUND-BRYANT LAKE DAY CAMP/SPORTS CAMP/ 228.40 ACTIVITY CAMP & BEFORE & AFTER CARE/ARTS CAMP. 33381 JOHN BEARD REFUND-SOCCER CAMP. 70.00 33382 HELEN BROOKE REFUND-SWIMMING LESSONS. 24.00 33383 JEAN BROST REFUND-YOUTH TENNIS LESSONS. 42.00 33384 TERRY CALLAHAN REFUND-SPORTS CAMP/BEFORE & AFTER CARE. 12.00 33385 JOANN CHRISTOPHERSON REFUND-ADULT TENNIS LESSONS. 26.00 33386 CAROL COWAN REFUND-SWIMMING LESSONS. 24.00 33387 MEGAN DODDS REFUND-SOCCER CAMP. 35.00 33388 LOREN FAIBISCH REFUND-BOUNDARY WATERS CANOE TRIP. 125.00 33389 CYNTHIA FISHER REFUND-JUNIOR GOLF LESSONS. 32.00 33390 MARY FROEHLE REFUND-JUNIOR GOLF LESSONS. 62.00 33391 BRYAN HARSTAD REFUND-SAILING LESSONS. 18.00 33392 DENNIS HAYES REFUND-SWIMMING LESSONS. 21 .00 33393 JESSICA HENDERSON REFUND-ADULT TENNIS LESSONS. 26.00 33394 BENNETT JOHNSON REFUND-SWIMMING LESSONS. 24.00 33395 DEBRA JOHNSON REFUND-SKATING LESSONS. 40.00 33396 KAMARA JOHNSON REFUND-PRESCHOOL PLAYGROUND PROGRAM. 33.00 33397 SHELLEY JOHNSON REFUND-GOLF LESSONS. 65.00 33398 KIM LARISH REFUND-ACTIVITY CAMP. 80.00 33399 DENNI LESTER REFUND-SWIMMING LESSONS. 18.00 33400 RAMONA MARTIN REFUND-SWIMMING LESSONS. 48.00 33401 BARBARA MCGLENNEN REFUND-GOLF LESSONS. 65.00 33402 TANPREET MEHTA REFUND-SWIMMING LESSONS. 3.00 33403 KATHY MURNANE REFUND-SWIMMING LESSONS. 24.00 33404 LOU ANN NARLOCH REFUND-ACTIVITY CAMP. 68.00 33405 KATHY NELSON REFUND-SAILING LESSONS. 25.00 33406 SANDY PAYNE REFUND-TAE KWON DO LESSONS. 13.00 33407 DIXIE QUINN REFUND-PRESCHOOL PLAYGROUND PROGRAM. 66.00 33408 LAURA SCHULTE REFUND-IN-LINE SKATING LESSONS. 30.00 33409 MICHAEL SCHULTE REFUND-IN-LINE SKATING LESSONS. 30.00 33410 HERBERT SCHULTZ REFUND-IN-LINE SKATING LESSONS. 15.00 33411 MICHELLE SHAEFFER REFUND-SWIMMING LESSONS. 21 .00 33412 CHRIS SEIDEL REFUND-ADULT TENNIS LESSONS. 5.20 33413 JAGRUTI SHAH REFUND-SWIMMING LESSONS. 42.00 33414 GERI STEIDER REFUND-SKATING LESSONS. 20.00 33415 JANET WARING REFUND-SKATING LESSONS. 26.00 33416 VICKI WHITELEY REFUND-PRESCHOOL PLAYGROUND PROGRAM. 33.00 33417 JANINE WITTIG REFUND-SWIMMING LESSONS. 21 .00 33418 WALLA WRIGHT REFUND-GOLF LESSONS. 65.00 33419 MN DEPT OF PUBLIC SAFETY BICYCLE REGISTRATION FEES. 261 .00 33420 CARVER COUNTY COURTHOUSE PAYROLL 07-21-95. 49.37 33421 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 07-21-95. 276.93 33422 CARVER COUNTY COURTHOUSE PAYROLL 07-21-95. 90.00 33423 FEDERAL RESERVE BANK PAYROLL 07-21-95 SAVINGS BONDS. 400.00 33424 GREAT-WEST LIFE & ANNUITY PAYROLL 07-21-95. 8886.50 1173840 AUGUST 15, 1995 2. AUGUST 15, 1995 VI 33425 HEALTHPARTNERS AUGUST 95 HEALTH INSURANCE PREMIUM. 27183.55 33426 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 07-21-95. 275.08 33427 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 07-21-95. 240.46 33428 ICMA RETIREMENT TRUST-457 PAYROLL 07-21-95. 3669.26 33429 MEDICA CHOICE AUGUST 95 HEALTH INSURANCE PREMIUM. 50858. 15 33430 MN DEPT OF REVENUE PAYROLL 07-21-95. 227.42 33431 MINNESOTA MUTUAL LIFE PAYROLL 07-21-95. 1251.50 33432 MN STATE RETIREMENT SYSTEM PAYROLL 07-21-95. 247.00 33433 MN TEAMSTERS CREDIT UNION PAYROLL 07-21-95. 25.00 33434 EXECUTIVE DIRECTOR-PERA PAYROLL 07-21-95. 42350.26 33435 EXECUTIVE DIRECTOR-PERA PAYROLL 07-21-95. 110.00 33436 UNITED WAY PAYROLL 07-21-95. 157.75 33437 S M HENTGES & SONS INC SERVICE-RILEY LAKE PARK IMPROVEMENTS. 75492.68 33438 LAB SAFETY SUPPLY FLOOR CAUTION SIGNS-FACILITIES DEPT. 84.04 33439 SIGN SOURCE DIRECTIONAL SIGNAGE-MILLER PARK 5822.94 , IMPROVEMENTS. 33440 TRIARCO ARTS & CRAFTS INC CRAFT SUPPLIES-ARTS CAMP. 18.55 33441 SUPERIOR SIGNS CO DIVERSE CITY SIGNAGE-COMMUNITY SERVICES 1250.00 DEPT. 33442 ROBERT MCLAIN PRINT OF GRAFFITI BRIDGE-CITY HALL. 14.65 33443 JASON-NORTHCO L P #1 AUGUST 95 RENT-LIQUOR STORE I. 5292.00 33444 MN ORCHESTRAL ASSN DEPOSIT FOR NUTCRACKER FANTASY TICKETS- 109.00 ART & MUSIC PROGRAM. 33445 JANET BAILEY REFUND-SWIMMING LESSONS. 21.00 33446 JACKIE ENGMARK REFUND-SWIMMING LESSONS. 24.00 33447 VIET NGUYEN REFUND-SWIMMING LESSONS. 3.00 33448 JENNIFER ROQUETTE REFUND-SWIMMING LESSONS. 18.00 33449 KRISTINE SMITH REFUND-SWIMMING LESSONS. 21 .00 33450 MINNEGASCO SERVICE. 3008.75 33451 ARMA MEETING EXPENSES-ADMINISTRATION DEPT. 20.00 33452 BALLOON MAN INC BALLOONS-HUMAN RESOURCES DEPT. 154.69 33453 VALLEYFAIR TICKETS-TEEN WORK PROGRAM/FEES PAID. 391 .25 33454 WES DUNSMORE CONFERENCE EXPENSES-PARK MAINTENANCE. 408.00 33455 DECISION RESOURCES LTD SERVICE-CITY RESIDENTS SURVEY-PORTION OF 7800.00 $300 TO BE REIMBURSED BY SCHOOL DISTRICT. 33456 JOHN D CONLEY SUBSCRIPTION-POLICE DEPT. 12.00 33457 BRAUN INTERTEC CORPORATION SERVICE-IMPLEMENTATION OF PAVEMENT MGMT 4042.92 PROGRAM WITH SOFTWARE & PAVEMENT RATING SERVICES-ENGINEERING DEPT/NDT & DESIGN ANALYSIS OF CITY STREETS-STREET MAINTENANCE. 33458 DELEGARD TOOL CO RECHARGEABLE LIGHTS/TAPE/ROLOC DISCS/GAS 933.35 TRANSFER KIT/VACUUM BAGS/TOURCHES/GLASS LENSES/GLASS BEADS-FLEET SERVICES. 33459 GENUINE PARTS COMPANY FREON/FILTERS/FLASHERS/POWER STEERING 2961 .52 FLUID/BATTERIES/BEARINGS/CABLES/DISC PADS/ BRAKE SETS/ROTORS/COOLANT/MIRRORS/HOSE ENDS/WIRE/O-RINGS/BULBS/SEALS/SWITCHES/ RELAYS/PROPANE/V-BELTS/FUSEHOLDERS/ HARNESSES/GASKETS/SHELF/SHOCKS/SPLASH GUARDS/GROMMETS/POWER OUTLET/MUFFLERS/ TAILPIPES/SPARK PLUGS/SEAT COVER/CALIPERS/ PUMP/NOZZLE/TIRE VALVES/FASTENERS/AIR FRESHENER/BOLT CUTTER/SEAL GUN/HAMMER/ SCRAPER-FLEET SERVICES/FIRE DEPT/CITY 23449877 HALL/UTILITIES DIVISION. AUGUST 15, 1995 3. AUGUST 15, 1995 VI 33460 KRAEMERS HOME CENTER FITTINGS/REDUCERS/WASHERS/NOZZLES/PLYWOOD/ 402.01 NAILS/THRESHOLDS/CHAIN/CLIPS/LAUNDRY SOAP/ FUEL/CUTTING BOARD/DOOR STOPS/SPRAY PAINT/ TAPE/VOLLEYBALL NETS/TENT STAKES/FRISBEES/ HARDWARE/BATTERIES/LIGHT BULBS/SANDPAPER/ PIPES/WIRE/CAULKING/NUTS & WASHERS/STRAPS/ SEALANTCORDS/CLEANER/BAGS/SHOVEL/TIRE/ SCREWS/PIPE/ELOWS/SAW BLADES/COUPLINGS- FIRE DEPT/STREET MAINTENANCE/FLEET SERVICES/OUTDOOR CENTER/FACILITIES DEPT/ ORGANIZED ATHLETICS DEPT/UTILITIES DIVISION. 33461 MERLINS ACE HARDWARE HANDLES/FASTENERS/UTILITY KNIVES/INSECT 242.65 SPRAY/MASKING TAPE/SPRAY PAINT/GLUE/ WASHERS/CAULKING GUN/WASTE ARM/FAUCET/ ROLLERS/DRILL BITS/PAINT BRUSHES/ROPE/ PADLOCK/BATTERY/RIVETS/PUTTY KNIFE-PARK MAINTENANCE/COMMUNITY CENTER. 33462 UNITED PROPERTIES REFUND-OVERPAYMENT UTILITY BILLING. 4323.48 33463 AMERICAN PLANNING ASSN PUBLICATIONS-COMMUNITY DEVELOPMENT DEPT. 77.90 33464 R M SAMPSON REFUND-UNUSED PORTION OF DEVELOPERS 505.04 AGREEMENT DEPOSIT. 33465 THE IDEA BANK FIRE PREVENTION VIDEO-FIRE DEPT. 200.00 33466 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL. 681 .38 33467 BELLBOY CORPORATION BEER. 14.20 33468 DAY DISTRIBUTING COMPANY BEER. 9228.00 33469 EAST SIDE BEVERAGE CO BEER. 30759.60 33470 LEHMANN FARMS MIX. 43. 15 33471 MARK VII DISTRIBUTING COMPANY BEER. 13411 .85 33472 MIDWEST COCA COLA BOTTLING CO MIX. 913.90 33473 PEPSI-COLA COMPANY MIX. 191 .65 33474 QUALITY WINE & SPIRITS CO BEER. 35.90 33475 THE WINE COMPANY BEER. 39.20 33476 THORPE DISTRIBUTING COMPANY BEER. 22256. 10 33477 GERRY FORD REFUND-SWIMMING LESSONS. 21 .00 33478 KAREN GUBA REFUND-SPORTS CAMP. 65.00 33479 JODI GUNNUFSON REFUND-SWIMMING LESSONS. 15.00 33480 JUDY JACKSON REFUND-TEAM TENNIS TRAINING. 18.00 33481 PEGGY MITCHELL REFUND-GOLF LESSONS. 32.00 33482 JEANETTE PARR REFUND-SWIMMING LESSONS. 69.00 33483 SHERYL PETERSON REFUND-SPORTS CAMP. 65.00 33484 GRACIA SUTERMEISTER REFUND-ROCKCLIMBING TRIPS-OUTDOOR CENTER 42.00 PROGRAM. 33485 KATHY WALTER REFUND-GOLF LESSONS. 32.00 33486 SHERYL PETERSON REFUND-DRAMA CAMP. 37.00 33487 NORTHERN STATES POWER UNDERGROUND SERVICE INSTALLATION FOR 312.00 STREET LIGHT AT 16330 HILLCREST COURT. 33488 MINNESOTA DEPT OF PUBLIC SAFETY CONFERENCE-POLICE DEPT. 100.00 33489 RADISSON HOTEL CONFERENCE LODGING-POLICE DEPT. 351 .00 33490 NORTHERN STATES POWER COMPANY SERVICE. 54271 .76 13875677 AUGUST 15, 1995 4. AUGUST 15, 1995 VI 33491 U S WEST COMMUNICATIONS SERVICE. 2618.25 33492 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 08-04-95. 900.00 33493 NORWEST BANKS MINNESOTA N A PAYROLL 08-04-95. 97874.31 33494 JIM RICHARDSON REMATTING & RECORING DAMAGED KOUBA 65.00 CUMMINS GRILL HOMESTEAD PRINT-CITY CENTER. 33495 CITY OF EDINA REIMBURSEMENT-UTILITY BILLING. 620.29 33496 AARP 55 ALIVE MATURE DRIVING . 96.00 33497 HENNEPIN COUNTY TREASURER JULY 95 WASTE DISPOSAL-PARK MAINTENANCE. 118.83 33498 HENNEPIN COUNTY TREASURER JULY 95 SOLID WASTE MANAGEMENT FEE-PARK 186.41 MAINTENANCE. 33499 ICMA PUBLICATION-ADMINISTRATION DEPT. 43.50 33500 STEPHANIE AGNEW SERVICE-TEEN WORK PROGRAM. 21 .00 33501 KATIE AHMANN SERVICE-TEEN WORK PROGRAM. 30.00 33502 KATIE BARTH SERVICE-TEEN WORK PROGRAM. 39.60 33503 ALISHA BEYER SERVICE-TEEN WORK PROGRAM. 26.00 33504 CHRIS BOYCE SERVICE-TEEN WORK PROGRAM. 33.90 33505 CHARLES CHERRY SERVICE-TEEN WORK PROGRAM. 9.00 33506 ERIN CHRISTENSON SERVICE-TEEN WORK PROGRAM. 9.60 33507 BOBBY CIATTI SERVICE-TEEN WORK PROGRAM. 49.20 33508 TOM CRAMPTON SERVICE-TEEN WORK PROGRAM. 33.60 33509 RACHEL DEVILLE SERVICE-TEEN WORK PROGRAM. 96.60 33510 MARIE DIBONA SERVICE-TEEN WORK PROGRAM. 68.40 33511 JILL DINNEEN SERVICE-TEEN WORK PROGRAM. 3.90 33512 KATY DIXON SERVICE-TEEN WORK PROGRAM. 49.50 33513 CHRISTINA ERIKSON SERVICE-TEEN WORK PROGRAM. 19.20 33514 DUSTIN GAYNOR SERVICE-TEEN WORK PROGRAM. 10.40 33515 MELISSA HAGGENMILLER SERVICE-TEEN WORK PROGRAM. 26.00 33516 COLIN HARER SERVICE-TEEN WORK PROGRAM. 51 .60 33517 MAREN HARLOW SERVICE-TEEN WORK PROGRAM. 10.80 33518 RYAN HARTSTEIN SERVICE-TEEN WORK PROGRAM. 34.50 33519 AMY HOBLIT SERVICE-TEEN WORK PROGRAM. 26.00 33520 KIRSTEN JOHNSON SERVICE-TEEN WORK PROGRAM. 27.60 33521 CHAD KARLSON SERVICE-TEEN WORK PROGRAM. 14.40 33522 KATIE KELLEY SERVICE-TEEN WORK PROGRAM. 11 .70 33523 ERICA KUCHERA SERVICE-TEEN WORK PROGRAM. 31 .50 33524 JENNEY LAVIGNE SERVICE-TEEN WORK PROGRAM. 99.00 33525 SEAN LENNON SERVICE-TEEN WORK PROGRAM, 7.20 33526 JAKE LINDHOLM SERVICE-TEEN WORK PROGRAM. 14.40 33527 ANGIE MACDONALD SERVICE-TEEN WORK PROGRAM. 33.00 33528 KENDRA MARTENSON SERVICE-TEEN WORK PROGRAM. 14.40 33529 SARAH MCCANN SERVICE-TEEN WORK PROGRAM. 16.80 33530 MOLLY MCCOY SERVICE-TEEN WORK PROGRAM. 28.80 33531 BJORN MCGILLAN SERVICE-TEEN WORK PROGRAM. 51 .35 33532 CASSIE MCMILLAN SERVICE-TEEN WORK PROGRAM. 7.20. 33533 STEVE MEENDERING SERVICE-TEEN WORK PROGRAM. 21 .00 33534 HEATHER MILLER SERVICE-TEEN WORK PROGRAM. 48.90 33535 PHILLIP MITCHELL SERVICE-TEEN WORK PROGRAM. 37.50 33536 BEN NEUMANN SERVICE-TEEN WORK PROGRAM. 90.00 33537 ASHA RAMLER SERVICE-TEEN WORK PROGRAM. 34.80 33538 LAURA ROFSHUS SERVICE-TEEN WORK PROGRAM. 33.60 10379454 AUGUST 15, 1995 5. AUGUST 15, 1995 VI 33539 MICHAEL SEVERSON SERVICE-TEEN WORK PROGRAM. 26.00 33540 ALEXIS STARK SERVICE-TEEN WORK PROGRAM. 9.60 33541 'ERIC TAGGATZ SERVICE-TEEN WORK PROGRAM. 92. 10 33542 JOHN TAGGATZ SERVICE-TEEN WORK PROGRAM. 44.85 33543 JODI WALLEBECK SERVICE-TEEN WORK PROGRAM. 28.80 33544 KRISTINA WING SERVICE-TEEN WORK PROGRAM. 3.60 33545 COREY YEAROUS SERVICE-TEEN WORK PROGRAM. 63.70 33546 RYAN ZENT SERVICE-TEEN WORK PROGRAM. 24.00 33547 ASHPHALT SURFACE TECHNOLOGIES COR SERVICE-1995 BITUMINOUS SEALCOATING- 122173.28 STREET MAINTENANCE. 33548 CONRAD MECHANICAL CONTRACTORS INC SERVICE-RINK ARENA DEHUMIDIFICATION- 54495.00 COMMUNITY CENTER. 33549 LAKELAND LANDSCAPE INC SERVICE-EDEN PRAIRIE MARKETCENTER 38609. 10 IMPROVEMENTS. 33550 MIDWEST ASPHALT CORPORATION SERVICE-CITY WEST PKWY EXTENSION/GOLDEN 61994.79 RIDGE DR IMPROVEMENTS. 33551 NODLAND CONSTRUCTION CO SERVICE-KIMBERLY LANE SANITARY SEWER 5880.50 RECONSTRUCTION. 33552 A TO Z RENTAL CENTER CHOP SAW/BLADES RENTAL-STREET MAINTENANCE. 241 .91 33553 ABS SERVICE INC REFUND-UNUSED PORTION OF HYDRANT METER 290. 11 DEPOSIT. 33554 ACCOUNTEMPS SERVICE-FINANCE DEPT. 1470.00 33555 AEC ENGINEERING SERVICE-FIELD INSPECTION OF HYDROPILLAR 10509.22 DURING RECONSTRUCTION. 33556 AFFIRMED MEDICAL SERVICES INC FIRST AID SUPPLIES-CITY HALL. 61 .93 33557 ALL AMERICAN AQUATICS SWIM SUITS-ROUND LAKE MARINA. 167.00 33558 AMERICAN LINEN SUPPLY CO MATS & BAR TOWELS-LIQUOR STORES. 181 .00 33559 AMERICAN PAGING OF MINNESOTA 3RD QTR 95 PAGER SERVICE-UTILITIES 1946.92 DIVISION/POLICE DEPT/SAFETY DEPT/ ASSESSING DEPT/FIRE DEPT/FACILITIES DEPT/ STREET MAINTENANCE. 33560 AMERICAN REMODELING REFUND-OVERPAYMENT BUILDING PERMIT. 66.50 33561 AMERICAN WATER WORKS ASSOC COMPUTER SOFTWARE-WATER DEPT. 355.00 33562 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL. 2627.37 33563 ANCHOR PRINTING COMPANY PRINTING-STARING LK NEWSLETTER-ARTS 256.67 COMMISSON/SWIMMING CERTIFICATES-POOL LESSONS. 33564 EARL F ANDERSEN & ASSOC INC SWING LEGS/POLYPLATE/SAFETY INSPECTION 743.34 KIT-PARK MAINTENANCE/VISA-LINE PAVEMENT TAPE-STREET MAINTENANCE. 33565 KEN ANDERSEN TRUCKING SERVICE-DISPOSAL OF WILDLIFE-ANIMAL 190.08 CONTROL DEPT. 33566 THOMAS E OR LEI L ANDERSON REFUND-OVERPAYMENT FOR POLICE SECURITY. 17.00 33567 AQUA ENGINEERING INC PIPE/COUPLINGS/GEAR CLAMPS-STREET 13.99 MAINTENANCE. 33568 AQUATIC HARVESTERS INC WEED HARVESTING SERVICE-ROUND LAKE BEACH. 1200.00 33569 ASPEN EQUIPMENT CO ROLLER OIL LEAK REPAIR-FLEET SERVICES. 491 .45 33570 AT&T GLOBAL INFORMATION SOLUTIONS CASH REGISTER MAINTENANCE AGREEMENT- 503.00 COMMUNITY CENTER. 33571 AUDIO VISUAL WHOLESALERS 4 TV MOUNTS & INSTALLATION-CITY CENTER. 1085.75 30586356 AUGUST 15, 1995 6. AUGUST 15, 1995 VI 33572 AVR INC CEMENT-STORM DRAINAGE PROGRAM. 3087.64 33573 B & S INDUSTRIES INC BARRICADE TAPE-POLICE DEPT. 65.68 33574 B & S TOOLS SOCKET SET-FLEET SERVICES. 9.32 33575 JOANNA BACHMANN SERVICE-MUSIC LIBRARIAN-ARTS & MUSIC 50.00 PROGRAM. 33576 BACONS ELECTRIC CO EMERGENCY LIGHTS-WATER DEPT. 170. 15 33577 BECKER ARENA PRODUCTS INC RINK FLOOR PAINTING-COMMUNITY CENTER. 718.40 33578 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 660.50 33579 BIFFS INC JULY 95 WASTE DISPOSAL-ADA PROGRAM/PARK 5817.10 MAINTENANCE. 33580 DAVID BLACK MILEAGE-COMMUNITY CENTER ADMINISTRATION. 29.40 33581 CITY OF BLOOMINGTON JUNE 95 KENNEL COSTS-ANIMAL CONTROL DEPT/ 404.00 BOMB SQUAD SERVICES-POLICE DEPT. 33582 LEE M BRANDT SERVICE-SOFTBALL OFFICIAL/FEES PAID. 175.00 33583 BRAUN INTERTEC CORPORATION SERVICE-NDT & DESIGN ANALYSIS OF CITY 5910.79 STREETS/PAVEMENT MGMT PROGRAM IMPLEMENTATION WITH SOFTWARE & PAVEMENT RATING. 33584 BRO-TEX INC TURKISH & PAPER TOWELS-FACILITIES DEPT/ 414.95 FLEET SERVICES. 33585 BRW INC SERVICE-DELL ROAD CONSTRUCTION. 449.68 33586 NATHAN BUCK SERVICE-SOFTBALL & VOLLEYBALL OFFICIAL/ 807.50 FEES PAID. 33587 C & H DISTRIBUTORS INC SLINGS-WATER DEPT. 104.25 33588 PETE CALLAHAN SERVICE-ARTS CAMP INSTRUCTOR/FEES PAID. 60.00 33589 CAPITOL COMMUNICATIONS BATTERIES-POLICE DEPT. 129.93 33590 CENTRAIRE INC COMPRESSOR REPAIR-FIRE STATION/HVAC 1535.00 SYSTEMS INSPECTION & REPAIRS-FACILITIES DEPT. 33591 CHOICE PUBLICATIONS ADVERTISING-COMMUNITY CENTER. 590.00 33592 M ERIC CHRISTOPHER SERVICE-ARTS CAMP INSTRUCTOR/FEES PAID. 120.00 33593 JIM CHRISTY SERVICE-SOFTBALL OFFICIAL/FEES PAID. 70.00 33594 CLEAN SWEEP INC CITY STREET SWEEPING-STORM DRAINAGE DEPT. 2093.00 33595 CONNEY SAFETY PRODUCTS TOWELETTES/BANDANAS/EYEGLASS STRAPS/ 265.83 SCISSORS/SAFETY GLASSES-SAFETY DEPT. 33596 CONSOLIDATED PLASTICS CO INC FIRE PREVENTION SUPPLIES-FIRE DEPT. 238.31 33597 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT. 385.47 33598 CORNERSTONE ADVOCACY SERVICE 2ND QTR 95 SERVICE FOR BATTERED WOMEN- 2000.00 COMMUNITY SERVICES DEPT. 33599 CORPORATE AUTO RENTALS INC VAN RENTAL-OUTDOOR CENTER PROGRAM/SUMMER 301 .37 SKILL DEVELOPMENT PROGRAM/ACCESSIBILITY PROGRAM. 33600 CRESCENT ELECTRIC SUPPLY CO ANCHOR BOLTS/TEMPLATES/CONDUIT/CEMENT/ 84.57 DUCT SEALANT/BUTT SPLICE KIT-TRAFFIC SIGNALS-STREET DEPT. 33601 CS & M COMPANY REFUND-UNUSED PORTION OF DEVELOPERS 491 .38 AGREEMENT DEPOSIT. 33602 CUB FOODS MEETING EXPENSES-HUMAN RESOURCES DPET. 92.66 33603 CUB FOODS EXPENSES-FIRE DEPT. 176.74 33604 CUMMINS DIESEL SALES INC SLEEVES/INJECTOR-FLEET SERVICES. 562.21 2807083 AUGUST 15, 1995 7. AUGUST 15, 1995 VI 33605 CUSTOM CAMERA & ELECTRONICS SVC I CAMERA REPAIR-POLICE DEPT. 46.75 33606 CUSTOM HEADSETS INC HEADSETS REPAIRED-POLICE DEPT. 119.25 33607 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT. 6833.60 33608 DALCO CLEANING SUPPLIES-WATER DEPT. 257.72 33609 DECORATIVE DESIGNS JULY/AUGUST LIVE PLANT MAINTENANCE 731 .70 SERVICE-CITY CENTER. 33610 DEM CON LANDFILL INC JULY 95 WASTE DISPOSAL-STREET MAINTENANCE/ 90.00 PARK MAINTENANCE. 33611 DORADUS CORPORATION 3RD QTR 95 SIREN MAINTENANCE AGREEMENT- 1122.00 CIVIL DEFENSE DEPT. 33612 EDEN PRAIRIE CHAMBER OF COMMERCE MEETING EXPENSES-CITY COUNCIL/CITY STAFF. 47.00 33613 EDEN PRAIRIE FORD DIFFERENTIAL/TRACK ASSEMBLIES/HEAD LIGHT 56.71 SWITCH/MIRROR SLEEVE/SWITCH-FLEET SERVICES. 33614 EDEN PRAIRIE SCHOOL DIST 272 ROOM RENTAL-ART & MUSIC PROGRAM/GYM 165.75 RENTAL-FIRE DEPT. 33615 EDEN PRAIRIE TEEN WORK PROGRAM REIMBURSEMENT OF COMPLIMENTARY CONCESSION 18.00 COUPONS-4TH OF JULY CELEBRATION. 33616 SANDRA M EHRICH MILEAGE-ADAPTIVE RECREATION PROGRAM. 50.40 33617 ELVIN SAFETY SUPPLY INC OXYGEN SENSORS-SEWER DEPT. 270.51 33618 ERICSSON INC VHF MOBILE RADIO-POLICE DEPT. 913. 10 33619 ESS BROTHERS & SONS INC MANHOLE ADJUSTING RINGS-SEWER DEPT/BIKE 6965. 10 PROOF GRATES-STORM DRAINAGE DEPT. 33620 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 48.28 33621 FEED RITE CONTROLS INC SODIUM PHOSPHATE/CHLORINE-WATER TREATMENT 5434.38 PLANT. 33622 FERRELLGAS PROPANE-COMMUNITY CENTER. 191 . 18 33623 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT. 54.34 33624 FORESTRY SUPPLIERS INC BOWSAW/BLADES/WATCH/FIRST AID BOOK/ 531 .99 FIBERGLASS TAPE/PRUNING SHEARS/PAINT- FORESTRY DEPT. 33625 G & K DIRECT PURCHASE UNIFORMS-PARK MAINTENANCE. 218.73 33626 G & K SERVICES UNIFORMS/TOWELS/DRY MOPS/MOP HEADS-STREET 856.70 MAINTENANCE/FLEET SERVICES/PARK MAINTENANCE/UTILITIES DIVISION. 33627 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-UTILITIES DIVISION/FIRE 280.92 DEPT. 33628 GINA MARIAS INC EXPENSES-FIRE DEPT. 12.05 33629 GLENWOOD INGLEWOOD SPRING WATER-LIQUOR STORE II. 12.25 33630 THE GLIDDEN COMPANY PAINT/MINERAL SPIRITS-PARK MAINTENANCE. 60.66 33631 GOLD ASSOCIATES INC SERVICE-PERSONNEL POLICY MANUAL UPDATE- 1675. 10 FIRE DEPT. 33632 GOODYEAR COMMERCIAL TIRE & SVC TIRE REPAIR-FLEET SERVICES. 177.86 33633 W W GRAINGER INC LUMBERJACK SAFETY UNITS-SAFETY DEPT/ 363.74 CUTTING FLUID/GATE VALVE-FLEET SERVICES. 33634 GRAYBAR ELECTRIC CO INC CABLE/PVC CONDUIT-TRAFFIC SIGNALS-STREET 159.64 DEPT. 33635 GREAT NORTHERN EQUIPMENT DIST OIL ALERT UNIT/BELT/V-BELT-PARK 52.69 MAINTENANCE. 33636 GUNNAR ELECTRIC CO INC BASE REPAIR/STREET LIGHT POLE 723. 11 INSTALLATION-STREET DEPT/CONCESSION STAND SECURITY LIGHT REPAIR-PARK MAINTENANCE. 2854121 AUGUST 15, 1995 8. AUGUST 15, 1995 VI 33637 GYPSUM ASSOCIATION MANUALS-BUILDING INSPECTIONS DEPT. 48.75 33638 HAMILTON HALLMARK REIMBURSEMENT OF STARING LK AMPHITHEATER 100.00 RENTAL DAMAGE DEPOSIT. 33639 HANSEN THORP PELLINEN OLSON INC SERVICE-MEDCOM BLVD IMPROVEMENTS/ 1048.41 COLUMBINE & MEDCOM EXTENSIONS. 33640 HANUS BUS COMPANY BUS SERVICE TO TAYLORS FALLS-TEEN WORK 261 .80 PROGRAM. 33641 LAVERN HEASER REIMBURSEMENT-STARING LAKE PAVILION 25.00 RENTAL. 33642 GAYLE HELGESON SERVICE-INTERNSHIP-ADAPTIVE RECREATION 200.00 DEPT. 33643 HENNEPIN COUNTY SHERIFF JUNE 95 BOOKING FEE-POLICE DEPT. 411 .02 33644 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT. 122.00 33645 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 217.50 DEVELOPMENT. 33646 HENNEPIN COUNTY TREASURER JUNE 95 BOARD OF PRISONERS-POLICE DEPT. 3591 .25 33647 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENTS-STREET 461 .26 MAINTENANCE/FIRE DEPT/TONER-WATER DEPT. 33648 HIRSHFIELDS PAINT MFG FIELD MARKING PAINT-PARK MAINTENANCE. 388.73 33649 HEATHER HOLM MILEAGE/INTERNSHIP SERVICE-ADAPTIVE 209.80 RECREATION DEPT. 33650 HORIZON GRAPHICS INC ARTWORK-TASTE OF PRAIRIE/HUMAN RIGHTS & 501 .84 DIVERSITY ARTWORK-COMMUNITY SERVICES DEPT. 33651 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS-WATER DEPT. 37.36 33652 INLAND TRUCK PARTS CO LAWN MOWER CROSS KIT/YOKE-FLEET SERVICES. 80.54 33653 IRISH INC VEHICLE FIRST AID KITS-FLEET SERVICES. 255.28 33654 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 221 .00 33655 CRAIG JERDE SERVICE-ATTENDANT-OUTDOOR CENTER/SOFTBALL 85.00 OFFICIAL/FEES PAID. 33656 E F JOHNSON CO RELOCATION OF 911 OF 911 COMMUNICATIONS 19478.85 CENTER & FUNCTIONS-PSAP CONSOLE EQUIPMENT- CITY CENTER/DESKTOP STATION POWER SUPPLY- POLICE DEPT. 33657 ELYCE KASTIGAR MILEAGE-ROUND LAKE BEACH. 83.72 33658 J J KELLER & ASSOCIATES INC ELECTRICAL STANDARD TRAINING KIT-WATER 143.07 DEPT. 33659 LAKE COUNTRY DOOR DOOR CABLE HINGES REPAIRED-FACILITIES 258.35 DEPT/CAR WASH BAY CHAIN ROLLER REPLACED- FLEET SERVICES. 33660 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1555.48 33661 LAKELAND FORD TRUCK SALES INC TUBE ASSEMBLY-FLEET SERVICES. 12.61 33662 AAA LAMBERTS LANDSCAPE PRODUCTS I BLACK DIRT-STORM DRAINAGE DEPT. 126.50 33663 CYNTHIA LANENBERG MILEAGE-FIRE DEPT. 63.84 33664 LANO EQUIPMENT INC LOADER REPAIR/GAS CYLINDERS/BRACKETS/PINS/ 1227. 18 BALL STUDS//HYDRAULICS REPAIRED/PLANER WITH SKID LOADER RENTAL/O-RINGS/COVER/ SEALS/SCREWS/GRINDER LEAK REPAIRED/ ASPHALT COLD PLANER TEETH/BRACE-FLEET SERVICE/STREET MAINTENANCE. 33665 ALLEN R LARSON SCHOOL-POLICE DEPT. 459.79 3167593 AUGUST 15, 1995 9. AUGUST 15, 1995 VI 33666 L MCI T LIABILITY INSURANCE. 58482.75 33667 LEES LAWN CARE SERVICE-BOULEVARD MOWING-STREET 266.25 MAINTENANCE. 33668 SUZANNE LUNSER CONFERENCE EXPENSES-ASSESSING DEPT. 90.70 33669 BRUNSWICK FAMILY FUN WORLD TICKETS-SPORTS CAMP PROGRAM/FEES PAID. 174.30 33670 LUNDGREN BROS REFUND-BUILDING PERMIT. 4044.50 33671 MAACO AUTO PAINTING & BODYWORKS C REPAIR & PAINT VEHICLE-FLEET SERVICES. 309.50 33672 MACQUEEN EQUIPMENT INC DIRT SHOE RUNNERS-FLEET SERVICES. 57.54 33673 ROD MACRAE MILEAGE-OUTDOOR CENTER PROGRAM. 95.20 33674 J MARCEL ENTERPRISES SHORTS-POLICE DEPT. 83.45 33675 TIM MARPE SERVICE-ASSISTANT COMMUNITY BAND DIRECTOR- 50.00 ARTS & MUSIC PROGRAM. 33676 JODY MASTER PHOTOGRAPIC SERVICE-ARTS CAMP. 60.00 33677 MASYS CORPORATION HARDWARE & SOFTWARE MAINTENANCE AGREEMENT- 1429.70 POLICE DEPT. 33678 MATRX MEDICAL INC FIRST AID RESCUE SUPPLIES-FIRE DEPT. 371 .80 33679 MAXI-PRINT INC FILM/FILM PROCESSING-POLICE DEPT/ANIMAL 378.94 CONTROL DEPT. 33680 JANENE MCBRIDE CONFERENCE EXPENSES/MILEAGE-ASSESSING 13.29 DEPT. 33681 MCNEILUS STEEL INC STEEL PLATE/TUBING-FLEET SERVICES. 381 .60 33682 MEDICINE LAKE TOURS TOUR TICKETS-ADULT PROGRAMS/FEES PAID. 740.00 33683 MEMINDEX GRAPHICS KIT/LABELING SYSTEM-WATER DEPT. 189.63 33684 MENARDS BROOM/TARP HOOKS/ADAPTORS/BAG-O-RAGS/ 856.49 BRUSHES/STAINING PADS/STAPLES/SPRAY HOSE/ WEEDER & GRASS WHIP/PLYWOOD/ANT & ROACH KILLER/HAMMERS/TAPE/HINGES/BATTERIES/ SUCTION CUPS/FLUORESCENT BULBS/TREATED TIMBERS-WATER DEPT/POLICE DEPT/STREET MAINTENANCE/FACILITIES DEPT/FLEET SERVICES/PARK MAINTENANCE. 33685 METRO ATHLETIC SUPPLY PITCHING RUBBERS/BASES/BASE STAKE PLUGS- 744.04 PARK MAINTENANCE. 33686 METRO LEGAL SERVICES INC TRACT SEARCHES-HOUSING REHABILITATION 160.00 PROGRAM. 33687 METRO RESOURCES UNLIMITED SERVICE-PARK MAINTENANCE. 242.00 33688 MID-AMERICA POWER DRIVES LEVEL SENSOR-FLEET SERVICES. 73. 12 33689 MIDAS BRAKE & MUFFLER TAIL PIPES/CLAMPS-FLEET SERVICES. 56.72 33690 MIDWEST ASPHALT CORP SAND/GRAVEL/CRACKFILL-STREET MAINTENANCE. 898.04 33691 MIDWEST ASPHALT CORPORATION MILLING OF STREETS FOR OVERLAYS/EQUIPMENT 23501 .25 RENTAL FOR MILLING OF STREETS-STREET MAINTENANCE. 33692 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT. 683.55 33693 MIDWEST MACHINERY INC SWITCH-FLEET SERVICES. 23.02 33694 MIDWEST RHINO LININGS INC TRUCK BED LININGS/TAILGATE PROTECTORS- 1023.86 FLEET SERVICES. 33695 BRIDGET MILLER TISSUE PAPER-HUMAN RESOURCES DEPT. 13.64 33696 MINNEAPOLIS CRISIS NURSERY FIRST HALF 1995 SERVICE-COMMUNITY 1500.00 SERVICES DEPT. 33697 MINNESOTA BLUEPRINT PHOTOGRAPHIC REDUCTION OF MAPS- 843.56 ENGINEERING DEPT. 9783844 AUGUST 15, 1995 10. AUGUST 15, 1995 VI 33698 MINNESOTA BUSINESS FORMS BUSINESS CARDS-CITY HALL. 49.04 33699 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHER RECHARGING/O-RINGS/ 287.49 RIVETS-SAFETY DEPT/FLEET SERVICES. 33700 MN FOUNDATION FOR BETTER HEARING INTERPRETER SERVICE FOR 4TH OF JULY 150.00 CELEBRATION-INTERGRATED PROGRAM. 33701 MINNESOTA SAFETY COUNCIL DEFENSIVE DRIVING INSTRUCTOR-SENIOR 263.06 PROGRAMS. 33702 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADS-COMMUNITY CENTER/ASSESSING 340.25 DEPT. 33703 MINNESOTA TROPHIES PLAQUES-POLICE DEPT. 173.07 33704 MINNESOTA WANNER CO SPRAY TIP-PARK MAINTENANCE. 72.21 33705 KEVIN MOREHOUSE SERVICE-ATTENDANT-OUTDOOR CENTER/SENIOR 400.00 CENTER/STARING LK SHELTER/FEES PAID. 33706 MTI DISTRIBUTING CO ROD ENDS/SPACERS/TENSIONER/BELTS/IDLER 343.80 PULLEY-FLEET SERVICES/PARK MAINTENANCE. 33707 WM MUELLER & SONS INC OVERLAY-STREET MAINTENANCE/SAND/GRAVEL- 135446.33 PARK MAINTENANCE. 33708 MUNICILITE CO STROBE LIGHT SYSTEM-FLEET SERVICES. 302.68 33709 NATL FIRE PROTECTION ASSN DUES-FIRE DEPT. - 380.00 33710 NATL RECREATION & PARK ASSN DUES-AQUATIC & FITNESS PROGRAM. 160.00 33711 NEBCO EVANS DISTRIB CONCESSION STAND SUPPLIES-ROUND LAKE 989.56 CONCESSIONS. 33712 WILLIAM T NEWELL SERVICE-SOFTBALL OFFICIAL/FEES PAID. 765.75 33713 NORSTAN COMMUNICATIONS INC WALL MOUNT CLIPS-STREET MAINTENANCE. 6. 19 33714 NORTH STAR ICE SUPPLIES-LIQUOR STORES. 2208.60 33715 NORTHSTAR AUTO AUCTION REPAIR & PAINT VEHICLES-FLEET SERVICES. 1340.89 33716 NORTHWESTERN POWER EQUIP CO INC SHAFT/IMPELLER/BEARINGS/GASKETS/COUPLINGS/ 219. 15 NUT & WASHERS/O-RINGS-SEWER DEPT. 33717 PARAGON CABLE MPLS SERVICE-FIRE STATION. 24.46 33718 PARK AUTO UPHOLSTERY SEAT REPAIR-FLEET SERVICES. 55.00 33719 EMILY L PARR SERVICE-ARTS CAMP INSTRUCTOR/FEES PAID. 240.00 33720 PARROTT CONTRACTING INC STORM SEWER REPAIR/LIFT STATION REPAIR-. 4951 .00 33721 PARVEST INC REFUND-UNUSED PORTION OF DEVELOPERS 407.82 DEPOSIT AGREEMENT. 33722 PERSONNEL DECISIONS INC POSITION PROFILES/QUESTIONAIRES PROCESSED- 95.00 HUMAN RESOURCES DEPT. 33723 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION. 14.00 33724 DEREK J PETERSON STOP WATCHES-FIRE DEPT. 27.67 33725 PINK COMPANIES TABLES-COMMUNITY CENTER. 181 .78 33726 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORES. 296.80 33727 POKORNY COMPANY TRIP COVER-FACILITIES DEPT. 12.93 33728 POWERTEX SPORTSWEAR INC POLO SHIRTS/T-SHIRTS-AFTERNOON PLAYGROUND 1882.42 PROGRAM/POLICE DEPT/ROUND LAKE BEACH/ SPORTS CAMP/POOL LESSONS. 33729 PRAIRIE ELECTRIC COMPANY INC CIRCUIT BREAKER REPAIR-WATER DEPT. 80.93 33730 PRAIRIE OFFSET PRINTING PRINTING FORMS-STREET MAINTENANCE. 321 .74 33731 PRO-TECH ARMORED PRODUCTS INC DEFENDER SHIELD-POLICE FORFEITURE-DRUGS. 814.00 33732 QUALITY FLOW SYSTEMS INC TRANSDUCER CONTROLLER/ELECTRICAL FITTINGS- 5574.91 WATER DEPT. 33733 QUALITY WASTE CONTROL INC JULY 95 WASTE DISPOSAL SERVICE-WATER DEPT. 594.93 15947346 AUGUST 15, 1995 11 . AUGUST 15, 1995 VI 33734 RADIO SHACK BATTERIES-POLICE DEPT. 11 . 15 33735 RIGID HITCH INC TRAILER CABLE/HOOK-FLEET SERVICES. 86.20 33736 RITZ CAMERA FILM PROCESSING-HUMAN RESOURCES DEPT. 15.72 33737 ROADRUNNER TRANSPORTATION INC DELIVERY SERVICE-FLEET SERVICES. 13.40 33738 ALAN J ROLEK ENTERTAINMENT-STARING LK CONCERT SERIES- 300.00 ARTS COMMISSION. 33739 ROBERT ROLFZEN SERVICE-FIRE & RESCUE CALLS. 154.00 33740 ROLLINS OIL CO UNLEADED FUEL-FLEET SERVICES. 6296. 18 33741 ROGERS SERVICE STARTER-FLEET SERVICES. 50.53 33742 ROOT-O-MATIC SEWER SERVICE LIFE STATION OVERFLOW REPAIR-SEWER DEPT. 55.00 33743 RUFFRIDGE JOHNSON EQUIPMENT CO DEGREASER/REAR SPRAY BAR-FLEET SERVICES. 35.93 33744 GENZ RYAN REFUND-MECHANICAL & PLUMBING PERMITS. 236.85 33745 RYANS RUBBER STAMPS SIGNATURE STAMP-POLICE DEPT. 18.48 33746 ST JOSEPHS EQUIPMENT INC MOWER FOOT GUARD-FLEET SERVICES. 135.01 33747 SALLY DISTRIBUTORS INC TOYS & GAMES-AFTERNOON PLAYGROUND PROGRAM/ 359.92 PRESCHOOL PLAYGROUND PROGRAM/SOCIAL PROGRAMS. 33748 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT. 218.59 33749 JACK SCHEPERS CHAIR/MILEAGE-LIQUOR STORE III. 250.74 33750 KATHLEEN SCHWANKL SCHOOL-FINANCE DEPT. 271 .20 33751 PAM SCHWEITZER SERVICE-FAMILY CAMPING INSTRUCTOR/FEES 75.00 PAID. 33752 CINDY SEGAL UNIFORMS-POLICE DEPT. 42.00 33753 SENIOR COMMUNITY SERVICES 2ND QTR 95 SENIOR OUTREACH SERVICES- 3250.00 COMMUNITY SERVICES DEPT. 33754 SIGNUM GRAPHIC SYSTEMS INC VINYL-PARK MAINTENANCE. 210.87 33755 ERIC SIT SERVICE-TAE KWON DO INSTRUCTOR/FEES PAID. 310.80 33756 SKYWAY TENT RENTAL INC DANCE FLOOR RENTAL-ARTS COMMISSION. 287.55 33757 PETER N SMITH SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 204.00 33758 SMITH & WESSONS SLIDE STOP/RELEASE LEVER-POLICE DEPT. 25.72 33759 SNAP-ON TOOLS CORPORATION SCREWDRIVERS-FLEET SERVICES. 19.94 33760 SNYDER DRUG SHOE POLISH/TISSUE. 35.63 33761 SNYDER DRUG MASKING TAPE/BATTERIES/FILM PROCESSING- 63.72 ARTS CAMP/RILEY LK BEACH/COMMUNITY CENTER. 33762 SOUTH TOWN REFRIGERATION INC COOLER CONDENSER FAN MOTOR REPAIR-LIQUOR 417.84 STORE I. 33763 SOUTHWEST CONTRACTORS SUPPLY PAINT/HOLE SAW-WATER DEPT/STORM DRAINAGE 122. 11 DEPT. 33764 SW CORRIDOR TRANSPORTATION COALIT DUES-CITY COUNCIL. 3750.00 33765 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-ASSESSING DEPT/COMMUNITY 140.00 CENTER. 33766 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL/ADVERTISING- 2633.40 4TH OF JULY CELEBRATION/ARTS COMMISSION. 33767 STAR TRIBUNE EARLY SUNDAY PAPERS FOR RESALE-LIQUOR 20.44 STORE III. 33768 EMMETT STARK SERVICE-COMMUNITY BAND DIRECTOR-ARTS & 990.00 MUSIC PROGRAM. 33769 BRIAN STEWART GRAPHIC DESIGN OF HUMAN RIGHTS & 516.25 DIVERSITY COMMISSION LOGO-COMMUNITY SERVICES DEPT. 2162417 AUGUST 15, 1995 12. AUGUST 15, 1995 VI 33770 STREICHERS PROFESSIONAL POLICE EQ AMMUNITION/GRENADES/IRRITANTS/PROJECTILES- 454.23 POLICE DEPT/GUN LOCK ELECTRONIC DELAY TIMERS/DOME COVERS/FILTERS-FLEET SERVICES. 33771 STRGAR ROSCOE FAUSCH INC SERVICE-DELL ROAD SOUTH/SCENIC HEIGHTS RD/ 2829.24 DELL RD TH 212 TO 82ND ST. 33772 SUBURBAN CHEVROLET RESERVOIR/TURN SIGNAL REPAIR PART/CAM- 20.62 FLEET SERVICES. 33773 SUBURBAN RATE AUTHORITY FIRST HALF 1995 DUES-CITY COUNCIL. 1600.00 33774 SWEDLUND SEPTIC SERVICE WASTE DISPOSAL SERVICE-OUTDOOR CENTER. 95.00 33775 TARGET STORES BATTERIES-POLICE DEPT. 56. 15 33776 TEENS ALONE 2ND QUARTER 95 SERVICE-COMMUNITY SERVICES 2000.00 DEPT. 33777 TENNANT TIRE & WHEEL ASSEMBLY-FLEET SERVICES. 570.84 33778 LEAANN THIELMAN SERVICE-ATTENDANT-OUTDOOR CENTER/FEES 62.50 PAID. 33779 MARC THIELMAN TELEPHONE REIMBURSEMENT-FACILITIES DEPT. 25.85 33780 VOID OUT CHECK 0.00 33781 TKDA & ASSOC INC SERVICE-ENTRANCE ROAD MODIFICATIONS-CITY 3161.01 CENTER. 33782 TOWN & COUNTRY DODGE FUEL PUMP MODULE-FLEET SERVICES. 225.78 33783 TURF SUPPLY COMPANY CHEMICALS-PARK MAINTENANCE. 599.74 33784 TURNQUIST INC PAPER TOWELS-FACILITIES DEPT. 1213.99 33785 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-FLEET SERVICES/WATER 188.33 DEPT. 33786 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT. 116.09 33787 UNITED PROPERTIES REFUND-ROOM RENTAL-WATER DEPT. 54.00 33788 UNLIMITED SUPPLIES INC NUTS/BOLTS & WASHERS/DRILL BITS-FLEET 689.78 SERVICES. 33789 USAQUATICS FILTERS/INJECTOR/BLEACH PUMP-COMMUNITY 642. 10 CENTER. 33790 VALLEY PAVING REFUND-UNUSED PORTION OF HYDRANT METER 468.66 DEPOSIT. 33791 VESSCO INC IDLER PULLEYS/SPRINGS/PULLEY ARMS-WATER 246.85 DEPT. 33792 TRIA D VIKESLAND MILEAGE-ADAPTIVE RECREATION DEPT. 83.83 33793 WARNING LITES OF MN REFLECTIVE CONES-STREET DEPT. 120.66 33794 WASTE MANAGEMENT-SAVAGE JUNE 95 WASTE DISPOSAL-PARK MAINTENANCE. 6.00 33795 WATERPRO MEASURING CHAMBERS/TOP & ROD EXTENSION/ 2506.40 PRESSURE VALVE/METER/REGISTER UPGRADE/ HYDRANT HOSE GATE VALVE-WATER DEPT. 33796 WAYTEK INC CABLE TIES-PARK MAINTENANCE. 90.85 33797 JOEL WESTACOTT SERVICE-SOUND ENGINEERING/VIDEO-STARING 878. 13 LK AMPHITHEATRE/PLANNING COMMISSION/CITY COUNCIL/ARTS COMMISSION. 33798 WEST WELD WHEELS/GLOVES/LENSES/GLASSES-FLEET 189.64 SERVICES. 33799 JOEL P WESTERBERG SERVICE-SOFTBALL OFFICIAL/FEES PAID. 370.25 33800 WESTWOOD PROFESSIONAL SVCS INC SERVICE-HIGH SCHOOL TRAFFIC STUDY/PRAIRIE 2673.50 CENTER DR SIGNALS. 33801 THE WORK CONNECTION SERVICE-PARK MAINTENANCE. 5312.86 2755288 AUGUST 15, 1995 13. AUGUST 15, 1995 VI 33802 WOODDALE 3LDRS REFUND-UNUSED PORTION OF HYDRANT METER 291 .84 DEPOSIT. 33803 YALE INC AIR COMPRESSOR OIL LEAK REPAIR-WATER DEPT. 91 .88 33804 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-POOL OPERATIONS/ 326. 11 COMMUNITY CENTER/STREET MAINTENANCE/PARK MAINTENANCE. 31956 VOID OUT CHECK 505.04- 32786 VOID OUT CHECK 280.00- 33102 VOID OUT CHECK 4042.91- 33117 VOID OUT CHECK 77.40- -419552 $1485540.51 AUGUST 15, 1995 14. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-15-95 SECTION: PETITIONS, REQUESTS & COMMUNICATIONS ITEM NO. �1E-, DEPARTMENT: ITEM DESCRIPTION: Request from Niosi to Review Community Development the Board of Adjustments & Appeals Denial of Variance Chris Enger #95-23. Jean Johnson Request to Council: Niosi's are requesting the Council to set a date to hear their appeal on the Board of Adjustments and Appeals denial of their Rural lot size and sideyard setback variances. Background: The Board heard the variance on July 13, 1995. Issues discussed were: steepness of Eden Prairie Road, safety of the road, proposed driveway and degree of lot size variance. Supporting Reports: 1. Applicant's information 2. Staff Report dated 7-I,-9$ 3. BOA Minutes of 7-13-95 4. Letter dated 7-13-95 T\ R. Y A N ENGINEERING 7SOUTH SHORE DRIVE July 18, 1995 �CHANH SS N, MN 55317 (612)975-0864 Ms. Jean Johnson Community Development Department City of Eden Prairie - City Center 8080 Mitchell Road Eden Prairie,MN 55344-2230 Re: PID #29-116-22-43-006 Property at the NE corner of Eden Prairie Rd. &Hwy 169 Eden Prairie, MN Project No. 95200 Dear Ms. Johnson: On behalf of Stephen and Kimberly Niosi, 15609 Calmut Avenue,Prior Lake, MN, we are formally appealing to the City Council, review of the Board of Adjustments and Appeals decision to deny approval for construction of a single family home at the above referenced property at their July 13, 1995 meeting. As I discussed with you in your office today, we will be working with the Engineering Department to resolve their concerns. If you have any questions or further information is required, please do not hesitate to call. Sincerely, RYAN NGINEERING 7 Perry . Ry .E. President cc: Mr. Steve Niosi July 25, 1995 Ms. Jean Johnson Community Development Department City of Eden Prairie- City Center 8080 Mitchell Road Eden Prairie,MN 55344-2230 Re: PID#29-116-22-43-006 Property at the NE corner of Eden Prairie Rd. &Hwy 169 Eden Prairie, MN Dear Ms. Johnson: We are formally appealing to the City Council, review of the Board of Adjustments and Appeals decision to deny approval for construction of a single family home at the above referenced property at their July 13, 1995 meeting. We would also like to point out that we have sold our current home and are in dire need to begin construction. Further, we would like to remind you of a conversation we had with you in May of 1984 when we were purchasing this property. At the time, you had explained to us that the lot would require a variance to be developed without sewer and water. However, you also assured us that we would have sewer and water serving this lot within 10 years and then it could be developed without this lot size variance. As we both know, this water and sewer service to our property has not happened and we are told that it may be another 3-5 years. This will not be acceptable with our current needs to build on the property. Please let us know at your earliest convenience, the soonest we may appear before the City Council for this appeal. Sincerely, Stephen&Kimberly Ni i cc: Mr. Perry Ryan, Ryan Engineering, Inc. • vial Pk -3 STEPHEN & KIMBERLY NIOSI LOT Eden Prairie, Minnesota PID # 29-116-22-43-0006 Proposed by: STEPHEN & KIMBERLY NIOSI June 8, 1995 • REQUEST Stephen&Kimberly Niosi are requesting approval from the Board of Adjustments& Appeals to develop their 1.23 Acre Lot for a single family home. ADJACENT PROPERTIES The property is bordered on the west and north by Eden Prairie Road and on the south by Highway No. 212 & 169. The eastern border is a 1.25 acre vacant lot. SITE CONDITIONS Topography is gently sloping with the north and east side of the property at a high elevation of 820.0 and the south side of the property at the right of way of Highway No. 212 & 169 at an approximate elevation of 772.0. Soils are considered suitable for the type of development proposed and for the dra.infield proposed. The site is currently vacant land. There are several Oak trees on the site. The proposed driveway layout and site grading is designed to minimize the loss of these trees. The double 12"Oak tree shown as removed on the Tree Inventory and Replacement plan was necessary due to maintaining a 12% slope on the driveway and maintaining site distances onto Eden Prairie Road. RYAN ENGINEERING,INC. NIOSI LOT PAGE 1 OF 2 Eden Prairie,MN ViTi At - `-I PROPOSAL The Owner is proposing to develop 1 single family residential lot on the 1.23 acre parcel. The area is currently zoned for minimum 10 acre parcels, or a minimum of 5 acre parcel based upon the pre-existing condition. The proposed home location is designed to minimize grading on the parcel and also work in conjunction with the proposed driveway location. The driveway has been designed to maintain a maximum centerline slope of 12% and meet perpendicular with Eden Prairie Road. The speed limit of Eden Prairie Road at this access point is 15 MPH and is on a gentle curve in the road. Sight lines are shown on the Grading &Erosion Control Plan which illustrate that the sight distance requirements are being met. Landscaping is proposed on both sides of the proposed driveway, around the proposed home, and near the well location. The proposed landscaping meets all requirements of tree replacement. The parcel currently lies outside the MUSA boundary within the City of Eden Prairie. It is proposed that the property will be served by sewer and water through a private well and septic system. We have shown two drainfield locations on the plan. It is proposed to gain approval of the development of this site contingent on acceptable percolation tests at these sites. The Owner is requesting a variance in lot size requirement to develop this property. OWNER/DEVELOPER Mr. Stephen&Kimberly Niosi 15609 Calmut Avenue Prior Lake, MN 55372 ENGINEER/PLANNER Ryan Engineering, Inc. 7648 South Shore Drive Chanhassen,MN 55317 975-0864 RYAN ENGINEERING,INC. NIOSI LOT PAGE 2 OF 2 Eden Prairie,MN VITT' , Pc — 1 BOARD OF ADJUSTMENTS & APPEALS City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 949-8490 STAFF REPORT VARIANCE #95-23 MEETING DATE: July 13, 1995 APPLICANT: Stephen and Kimberly Niosi LOCATION: Northeast corner of U.S. 169/212 and Eden Prairie Road REQUEST: Approval to construct a single family house on 1.2 acres having a side setback of 40 feet one side and 140 feet total for both sides. (Code requires Rural lots existing as of July 6. 1982 to be a minimum size of 5 acres for a single family dwelling and the minimum side setbacks are 50 feet one side no less than 150 feet total for both sides.) ZONING DISTRICT: Rural AREA CHARACTER: Rural parcels ranging in size from one acre to 20+ acres; some lots have dwellings, some are vacant. The area is outside the Metropolitan Urban Service Area (MUSA), but utilities may be available in 5± years. The purpose of lot size minimums in the Rural District is to prevent premature urban development of land outside the sewer/water service area, allow agricultural pursuits, and provide adequate space for each dwelling and facilities for housing animals. vlii' A - ( 1 I MISCELLANEOUS: This property was previously before the Board in 1983. Background information on Variance #83-34 is attached. This property is north of U.S. 169/212 on the river bluffs facing the Minnesota River Valley National Wildlife Refuge. If the variance is approved, the development will be scheduled for sloped ground review before the Parks, Planning Commission and City Council as required by City Code. Maps available to the City do not depict recorded burial mounds on this site. Staff will do further research to access the site's historical significance. Eden Prairie Road and U.S. 169/212 abut the property. Access to U.S. 169/212 would be difficult because of the steep slopes. Access to Eden Prairie Road is dangerous due to steepness and curves in the road which limits visibility. The driveway location proposed was reviewed by the City Engineering Department and their memo is attached. The drainfield locations were reviewed by the City Building Department. OPTIONS: 1. Rezone the parcel to a Ri District after sewer and water are available and build according to the Residential District standards. Until that time the property has Rural uses. 2. Acquire additional land to minimize the degree of variance or achieve the 10 acre minimum. (This can be done only by purchasing land to the east which is controlled by 2 landowners.) 3. Construct a smaller dwelling so the side setback variances are eliminated. ACTION: The Board may wish to choose from one of the following actions: 1. Approve Variance Request #95-23. Conditional upon sloped ground review and approval, proper perk tests prior to a permit issuance. and Engineering Department approval on the driveway construction. 2. Approve Variance Request #95-23 with modifications. 3. Continue Variance Request #95-23 if additional information is needed. 4. Deny Variance Request #95-23. 3ARBVEANIREPORT3 323 7 - MEMORANDUM - TO: Board of Adjustments and Appeals THROUGH: Jean Johnson, Community Development FROM: Jeff Johnson, Senior Engineering Technician DATE: June 29, 1995 SUBJECT: Steven and Kimberly Niosi Variance Request This memo is written to apprise the Board of Appeals of engineering concerns regarding a potential driveway at the northeast corner of Eden Prairie Road and Highway 169. Upon site visits and preliminary survey information, it was determined that sight distances at the proposed driveway location on Eden Prairie Road are very poor, less than 100 feet in each direction. Contributing factors to this poor sight distance are the steep grades on Eden Prairie Road averaging 14%, a sharp horizontal curve within this driveway area, and a steep hillside with heavy vegetation adjacent to the roadway. It is staff's opinion that any driveway opening on this property would be a serious safety consideration both for the future residents of the property and the motorists. JJ:ssa Dsk:JJ.Niosi CITY OF EDEN PRAIRIE i` i l t A. i Engineering Division, Department of Public Works ........... .......... ... .. .. . ,. ... ..... :. .......:...::.:•..:.:„•.:•.:::. , ...... ... ••'"':••••• ••-••-•-• ... ... .. .••• • -•• • l'r414%1P1 ••• • ••••... ... .. ..... ... ..... • - 4 gift Asilvvili 4g, % .. ...... .. ... ..... ................ •••••• ••• .• ..,‘# .2- •• •• •• ... ........ .. ... ... . ..... .. . . ... ...... ••• ••. •. ........... ... .. . ••• •...•,i:ii:i:::::• iii • ,0 • , c z I H 0 I CI) H — . ( . DARIN ---, . 7 ., .. .c ha) 0 tiliji r P arei EDEN -"' I 0 . T . i ••;*. 11--- it— , 1 : - ,. ,...-.. . .:I 1 . :. . El; — : - - 1 ---lib I g .. m 1 .,........ -4 a .... . 3. co RD. 4 A . • .. . . s .: . -' • '...... . 1........... . . .. .. ••::...... . . , .. ................ . . .. ... :::::........ . ... . .. ......- ' ' - —' .... .. . . .. . :.....' .... .. .. .. . . . I :::.........t.:7.7.:;"?..1.1../!..::.;:.. ..:::::: ::.:;.........:.': ,......:..........::::: a - ...........:: :. .: . .... .....: . . . . . .. ... .. . . ... . . . . . . .... . . . .::::::::::;:,./.*:.:::::-.:...............:. :. ........: , 7.... . r......„:. ........ .. ...: .. _ z .::.......:" . " , m n r-. c . . . . ... .........•.. i \ — rig : Icail - 9 , ... ._ . . : ...„ _ ..-- .. ... .--.•:.:.• .. .. •t/ a ..........v.." . .. ........... ............ Minutes Board of Adjustments & Appeals July 13, 1995 makes up their mind, and that could be 10 years from now. MOTION: Dye moved that the Board approve variance request #95-22, the hardship being their unusual high need for parking and inadequate parking for the outdoor seats of the facility. The conditions are: employee parking should occur on the leased lot, a soft sidewalk with lights be built on the side of the BUCA building from the back of their building to the Westwood parking lot, and signage be put on the private driveway noting no parking. Lynch seconded the motion and it passed 3-1-0 with opposition by Dunham. F. Request #95-23 by Steohen and Kimberly Niosi for Northeast corner of U.S. 169/212 and Eden Prairie Road for approval to construct a single family house on 1.2 acres having a side setback of 40 feet one side and 140 feet total for both sides. (Code requires Rural lots existing as of July 6, 1982 to be a minimum size of 5 acres for a sinale family dwelling and the minimum side setbacks are 50 feet one side no less than 150 feet total for both sides.) Perry Ryan, Ryan Engineering, reviewed the variance request with the Board. The request is to develop a single family home on 1.2 acres with the variance granted. He discussed the issues noted in the Staff Report. There are a few 1 plus acre parcels in the surrounding area, and one with a home. To go to the 5 acre minimum would require purchasing the single one acre parcel to the east. Regarding the site distance from the driveway, with the proposed grading and proposed driveway, he believes the site distance is 150 feet in each direction. The road is a 15 mile an hour road, and 150 feet is the standard for that. They have accommodated the grading issues and have resolved those grading issues with the latest plans. The driveway access at one time was at about 17%, and it's now at 12% which is the maximum by the City ordinance. It would be a great economic hardship for one family to have to purchase an additional parcel in order to build their home. Johnson noted that if the Board does recommend the variance, it would then be forwarded on to the Planning Commission and City Council because it does need a steep slope review. Staff believes the driveway proposed is dangerous, referring to the City Engineering memo of June 29, 1995. 12 Minutes Board of Adjustments & Appeals July 13, 1995 Weeks expressed concern about the dangers of the steep slope off of Eden Prairie Road on to Highway 169. Johnson noted that it's an over 20% slope. Dye was concerned about the variance being denied in 1983. Ryan indicated that the reason it was actually pulled from going through the variance process at that time is that they did not have complete plans. Johnson noted that the variance was withdrawn, not denied. Johnson commented that they have had residents come in and look at the plans, but have not received any letters todate. Lynchissue with the road. She is havinga expressed concern about the safety hard time approving this unless someone from the City was convinced that there weren't any safety issues. Weeks also was concerned about the safety issues. He feels that there is a blind corner there. There is a setback issue, a safety issue, and an acreage issue that he is uncomfortable with. Weeks opened the public hearing. Karen Edstrom. residing,at 10133 Eden Prairie Road. noted that she and her husband live in the house referred to as just to the northeast of this parcel, plus they own the parcel that goes down to Highway 169 just to the east of the parcel that's in question. They are opposed to granting any kind of variance or changes in the City Code to allow this building on this parcel because it's totally unsuitable to the kind of building that's proposed. She handed out a letter to the Board stating their opposition to the variance, and she summarized her objections, as stated in the letter, to the Board. She also showed photographs taken depicting the bluffs and the steepness of the grade. She expressed concern about the safety regarding the steep slope. Hibbert Hill. residing at 10131 Eden Prairie Road. noted that they live back further on the bluffs, northeast of the proposed site. They expressed concern about the safety issues regarding the steep slope and driveway, and about constantly pulling cars in and out of the ditch every time it rains or snows because of accidents. He does not let his children go out and wait for the bus alone because of the traffic that goes up and down the hill so quickly. He was 13 yTTT A - I 1 Minutes Board of Adjustments & Appeals July 13, 1995 concerned about having a referendum to buy the land, and then a 1/4 mile down the road they are going to have a high density development. He does not think that is the intent of the City. He expressed concern about people parking in his driveway to look at the property in question. He was also concerned about the safety of children when the construction phase is taking place, because there is no place for trucks to park on the road or lot. He feels that the whole concept of this building is ridiculous. Loren Wuttke. noted that he owns the property directly to the west of the subject property. He is in favor of granting the variance with the provision that this house be connected as soon as the City obtains sewer and water for the area. Hill commented that all of the lots with homes in that area are grandfathered in. They were all built before the law went into effect. Weeks noted that he has a problem granting this request. The site appears too small for the house, and the driveway is unsafe. If the site were larger, a house and driveway could be sited better. Ryan was in disagreement with the photos shown by the resident. From his best judgement, this is a buildable site. He believes they have met all of the City ordinances with respect to the driveway grade. They are not looking for a variance on the side setback, they could withdraw that part. They are only looking for a variance because of the lot size. This is a remnant parcel. Weeks asked what the proposed value of the house on this property is. Ryan replied that the proposed value of the structure will be $200,000 to $300,000. There are a couple of builders in mind and the price has not been determined yet. He also apologized to the resident for people parking in his driveway. MOTION: Dye moved that based on information submitted, the Board deny variance request #95-23 because it does not meet the requirements of 5 acres. Dunham seconded the motion and it passed unanimously. 14 10133 Eden Prairie Road Eden Prairie, MN 55347 July 13, 1995 City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 Attention: Mayor and City Council Board of Appeals and Adjustments City Manager City Attorney Ladies and Gentlemen: I am writing with reference to a pending request for a variance as submitted by Stephen and Kimberly Niosi with respect to a 1.2 acre parcel located at the intersection of Eden Prairie Road and Highway 169/212 in Eden Prairie. The application is scheduled to come before the Board of Appeals and Adjustments on Thursday, July 13, 1995. I oppose the variance requested and will oppose any petition for rezoning that the applicant may submit. Since I am likely to be unable to attend the hearing, I am writing this letter to set forth my position in the matter. First, as many of you know, I have strenuously opposed the granting of variances and rezonings with respect to parcels of less than 5 acres in the rural zone of the City. Similarly, I have been concerned about the necessity to maintain the effectiveness and enforceability of the City's ordinances and provisions of the City Code relating to zoning by avoiding actions which would call into question the standards set forth in the City's ordinances or Code or the City's application of those standards. There is no question that the zoning provisions of the Eden Prairie City Code apply to the property in question and that under the Code the parcel is zoned as a "rural" property. The purposes of the zoning provisions of the City Code are stated as follows (emphasis added): SECTION 11.01. OBJECTIVES. This Chapter is adopted to protect and to promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare, and specifically to achieve the following objectives: VITT- - 13 City of Eden Prairie July 13, 1995 Page 2 (1) to assist in the implementation of the City Comprehensive Guide Plan as amended; (2) to foster a harmonious, convenient workable relationship among land uses; (3) to promote the stability of existing land uses that conform with the Guide Plan and to protect them from inharmonious influences and harmful intrusions; (4) to insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole; (5) to prevent excessive population densities and over-crowding of the land with structures; (6) to promote a safe, effective traffic circulation system; (7) to foster the provision of adequate off-street parking and off-street truck- loading facilities; • (8) to facilitate the appropriate location of community facilities and institutions; (9) to provide human and physical resources of sufficient quantity and quality to sustain needed public services and facilities; (10) to protect and enhance real property values; and, (11) to safeguard and enhance the appearance of the City, including natural amenities of hills, woods, lakes, and ponds. With respect to parcels in the rural zone, the Code establishes particular purposes and uses as follows (emphasis added): SEC. 11.10. R - RURAL DISTRICT. Subd. 1. Purposes. The purposes of the R-Rural District are to: (1) Prevent premature urban development of certain lands which eventually will be appropriate for urban uses, until the installation of drainage works, streets, utilities, and community facilities and the ability to objectively determine and project appropriate land use patterns makes orderly development possible; City of Eden Prairie July 13, 1995 Page 3 (2) Permit the conduct of certain agricultural pursuits on land in the City; (3) Ensure adequate light, air, and privacy for each dwelling unit, and to provide adequate separation between dwellings and facilities for housing animals. Subd. 2. Permitted Uses. A. Agriculture, accessory and related uses. B. Public facilities and services. C. Single family detached dwellings and accessory structures on parcels of not less than 10 acres. D. Single family detached dwellings and accessory structures on parcels of five or more acres, as of July 6, 1982. E. Commercial stables. F. Golf courses. It is also pertinent to note the general purposes for which municipal planning. including zoning ordinances, are authorized. Minnesota Statutes Section 462.351 provides as follows (emphasis added): 462.351. Municipal planning and development; statement of policy. The legislature finds that municipalities are faced with mounting problems in providing means of guiding future development of land so as to insure a safer, more pleasant and more economical environment for residential, commercial, industrial and public activities, to preserve agricultural and other open lands, and to promote the public health, safety, and general welfare. Municipalities can prepare for anticipated changes and by such preparations bring about significant savings in both private and public expenditures. Municipal planning, by providing public guides to future municipal action, enables other public and private agencies to plan their activities in harmony with the municipality's plans. Municipal planning will assist in developing lands more wisely to serve citizens more effectively, will make the provision of public services less costly, and will achieve a more secure tax base. It is the purpose of sections 462.351 to 462.364 to provide municipalities, in a single body of law, with the necessary powers and a uniform procedure for adequately conducting and implementing municipal planning. City of Eden Prairie •0 July 13, 1995 Page 4 The grant of a variance or rezoning with respect to the parcel in question would contravene the basic provisions and purposes of the zoning provisions of the City Code in several respects. The principal objections are set forth below. I. INAPPLICABILITY OF THE VARIANCE PROCEDURE The parcel in question is 1.2 acres in size. The applicant requests a variance which would permit the construction of a residential dwelling on the parcel. Under the City Code a variance is not a proper procedure to permit the construction of a dwelling on a parcel of such size in the rural zone. This is because the size limitation, whether 5 acres or 10 acres, as the case may be, is contained in the permitted use description in the provisions of Section 11.10 of the Code, which use is not subject to change by the variance procedure. The definition of "variance" in Section 11.02(52) of the Code is as follows (emphasis added): 52. "Variance" - A modification or variation of the provisions of this Chapter as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance. Moreover, Section 11.76 of the Code relating to the jurisdiction of the Board of Appeals and Adjustments states as follows (emphasis added): SEC. 11.76. VARIANCES. Subd. 1. Purposes and Authorization. Variance from the literal provisions of this Chapter may be granted in instances where the strict enforcement of those provisions would cause undue hardship because of circumstances unique to the individual property under consideration, and such variances may be granted only when it is determined that such action will be in keeping with the spirit and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined by statute when in harmony with this Chapter. The Council may notpermit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. The Council may permit as a variance the temporary use of a VITfi P - 1( City of en Prairie July 13, 1995 Page 5 one family dwelling as a two family dwelling. The Council may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties. Section 2.11 of the City Code relating to the organization and duties of the Board of Adjustments and Appeals contains yet a third statement of this limitation on the power of the Board. The general statutoryauthority for a Board of Appeals and Adjustments to make determinations with respect to variances is provided in Minnesota Statutes Section 462.354, Subd. 2, and Minnesota Statutes Section 462.357, Subd. 6, as follows (emphasis added): Subd. 2. Board of adjustments and appeals. The governing body of any municipality adopting or having in effect a zoning ordinance or an official map shall provide by ordinance for a board of appeals and adjustments. The board shall have the powers set forth in section 462.357, subdivision 6 and section 462.359, subdivision 4. Except as otherwise provided by charter, the governing body may provide alternatively that there be a separate board of appeals and adjustments or that the governing body or the planning commission or a committee of the planning commission serve as the board of appeals and adjustments, and it may provide an appropriate name for the board. The board may be given such other duties as the governing body may direct. In any municipality where the council does not serve as the board, the governing body may, except as otherwise provided by charter, provide that the decisions of the board on matters within its jurisdiction are final subject to judicial review or are final subject to appeal to the council and the right of later judicial review or are advisory to the council .... In any municipality in which the planning agency does not act as the board of adjustments and appeals, the board shall make no decision on an appeal or petition until the planning agency, if there is one, or a representative authorized by it has had reasonable opportunity, not to exceed 60 days, to review and report to the board of adjustments and appeals upon the appeal or petition. * * * Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: Pk. - 17 City of Eden Prairie July 13, 1995 Page 6 (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance .... The board of appeals and adjustments or the governing body, as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located .... The board or governing body, as the case may be, may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Thus, our initial objection to this proceeding is based upon the fact that the requested variance would constitute a variance in the use regulations for the rural district. The foregoing provisions clearly state that the power to grant variances does not extend to use regulations, and it is quite clear that the power of the Board does not extend to permit a variance with respect to the request made in this instance. The appropriate procedure which the applicant would be required to pursue in order to construct a dwelling on the parcel in question is an application for rezoning rather than the variance procedure. As I have stated earlier, I would oppose a petition for rezoning of the parcel to any residential zoning classification as well. There are several reasons why no change, either by way of variance or zoning, should be permitted. These reasons are set forth in the remaining sections of this letter. II. APPLICANT HAS NO LEGAL RIGHT TO A VARIANCE OR REZONING The owners of the property have no grandfather or other rights which would override the zoning provisions of the City Code. The present owners acquired the parcel sometime in 1984 or later. Ordinance No. 135 which sets forth the 5 acre minimum requirement for parcels in the rural zone was adopted in November, 1969. It is settled law that a purchaser is deemed to City of Eden Prairie July 13, 1995 Page 7 have knowledge of applicable zoning ordinances in effect at the time that he acquires the property. The fact that a purchaser may not have known of the ordinance, or misunderstood its applicability, or was misled with respect thereto, has no bearing on the applicability of the ordinance or the rights of the municipality or the adjacent owners to enforce the ordinance. State v. Modern Box Makers, Inc., 217 Minn. 41, 13 N.W.2d 731 (1944); State ex rel. Howard v. Village of Roseville, 244 Minn. 343, 70 N.W.2d 404 (1955). The history of the parcel in question also demonstrates the lack of any equitable or grandfather rights in the purchaser. The parcel was originally attached to the 1.3 acre parcel immediately to the east and was beneficially owned by one individual. Prior to the division of the property and transfer of the easterly parcel in 1964, the overall property was large enough on which to construct a single family residence in a rural district under the zoning ordinance then in effect which required a minimum of 2.5 acres for residential construction in the rural zone. The parcel in question has been sold at least three times since the division of the property and at least twice since the 5 acre minimum was adopted by the City. (The easterly parcel, of which my wife and I are the present owners, remains vacant land.) Neither the division of the parcels in 1964 nor the subsequent separate sales of the parcel in question could create any special rights in the purchaser under the zoning ordinances in effect at the times in question. Olsen v. City of Hopkins, 288 Minn. 25, 178 N.W.2d 719 (1970). Rather, the fact that a parcel was in common ownership with abutting property at the time of the adoption of a restrictive zoning ordinance affirmatively defeats any claim of right or hardship with respect to such parcel. Dedering v. Johnson, 307 Minn. 327, 239 N.W.2d 913 (1976). See also Vetter v. Zoning Board of Appeal of Attleboro, 116 N.E.2d 277 (Sup. Jud. Ct. Mass. 1953); Raia v. Board of Appeals of North Reading, 347 N.E.2d 694 (App. Ct. Mass. 1976). Even if the purchaser misunderstood or was misled with respect to the applicability of Ordinance No. 135 or the City Code or the availability of a building permit, no estoppel or equitable arguments will overcome the fundamental rights of the City and adjacent owners to enforce the provisions and purposes of the Ordinance and City Code. Kiges v. City of St. Paul, 240 Minn. 522, 62 N.W.2d 363 (1953); Arcadia Development Corp. v. City of Bloomington, 267 Minn. 221, 125 N.W.2d 846 (1964); Jasaka Company v. City of St. Paul, 309 N.W.2d 40 (1981). Furthermore, even if the owner had expended significant funds on the property, or paid more than the property was worth in view of the zoning provisions in effect on the date of purchase, no relief for the owner is warranted under the law. State ex rel. Howard v. Village of Roseville, supra; Newcomb v. Teske, 225, 30 N.W.2d 354 (1948); McCavic v. DeLuca, 233 Minn. 372, 46 N.W.2d 873 (1951). See also Kiges v. City of St. Paul, supra; Raia v. Board of Appeals of North Reading, supra. VrrrPr - l9 City of Eden Prairie July 13, 1995 Page 8 III. POLICY CONSIDERATIONS The City must also, of course, consider the impact on it and its residents of permitting growth contrary to the City Code in rural areas. Such growth would (1) be inconsistent with the City's Comprehensive Guide Plan, (2) contravene the policies of the Metropolitan Council which discourage development in areas not served by water and sewer facilities, and (3) make more likely pollution problems as a consequence of the proximity of private septic facilities to wells in the porous soil that is typical of the area. These are some of the relevant considerations of health, safety, order, convenience and general welfare which form the basis of the purposes of the Rural District designation in the City Code and which form the basis for the enforcement thereof and the denial of non-conforming uses on property covered thereby. The application must be judged in terms of the specific criteria set forth in the enabling legislation and City Code in order for any variance to be proper. It is our position that under these criteria, the grant of the variance would be grossly improper. Minnesota Statutes Section 462.357, Subd. 6, which sets forth the powers of the Board of Appeals and Adjustments, specifically provides that variances may be granted only where the strict enforcement of the literal provisions of the ordinance "would cause undue hardship because of circumstances unique to the individual pronerty under consideration" and "only when it is demonstrated that such action will be in keening with the spirit and intent of the ordinance." It is appropriate here to refer you again to the purposes of the zoning provisions of our City Code, contained in Section 11.01 of the Code, to the particular purposes and uses permitted for parcels in the rural zone, contained in Section 11.10 of the Code, and to the general purposes for which principal planning is authorized, contained in Minnesota Statutes Section 462.351. Each of these provisions are set forth on pages 1-3 of this letter. Your attention is particularly directed to the underlined portions of those provisions. In effect, there are three principal criteria required to be met under the Code and state statute in order to grant a variance. The burden is on the applicant to establish the satisfaction of each of these conditions. We do not believe the applicant can sustain his position with respect to any of these criteria. The criteria, and pertinent considerations related to each of them, are as follows: 1. Strict interpretation or enforcement would result in an undue hardship, and the cost of compliance cannot be the sole reason to grant a variance. This test needs to be measured in terms of the intent of the ordinance. Here, refusing the variance would effectuate the very purposes of the ordinance as set forth in Sections 11.01 and 11.10 of the City Code. Any hardship created to the applicant would be consistent with, VIIk: A - ZO • City of Eden Prairie July 13, 1995 Page 9 rather than inconsistent with, the intents and purposes of the Code and the City's Comprehensive Guide Plan. Whatever hardship the applicant may incur is self-created. The 5 acre minimum size requirement of the ordinance was in effect at the time the applicant purchased the property. It is well settled that ignorance of an ordinance or its provisions does not create any special right to relief from those provisions. In fact, the grant of a variance in this case would very likely create a windfall through the significant appreciation of the value of the property. To allow a variance in such a case would completely reverse and debase the variance standards of the Code. 2. There are circumstances unique to the individual property which create a practical difficulty or unnecessary physical hardship. There are no unique circumstances which apply to the property in question. The property is not of an unusual configuration as in many variance requests, and the nature of the terrain is not the circumstance which motivates the request. The fact that the parcel falls far short of the basic minimum requirements of the Code is neither the type of unique circumstance contem- plated by the ordinance nor is it unique to this property. The hardship, if any, in this case is a legal impediment under the Code, not a practical difficulty or physical hardship. There are several other parcels even in the immediate area which would no doubt apply for similar variances if this one is granted. There is nothing different about this parcel which distinguishes it from all other surrounding undeveloped land, all of which is being held subject to the same restrictions in the Code that apply to this parcel. Enforcement of the Code would not deprive the applicants of the use of their land in any arbitrary manner. Other developed parcels in the area, at the time they were developed, complied with the 5 acre standard of Ordinance No. 135 or with the standards imposed by the ordinances in effect at the time those properties were developed. In fact, the grant of a variance in this case would constitute a special privilege because all other owners had to comply with the minimum size requirements under Ordinance No. 135 or prior ordinances. In many cases, this necessitated the acquisition of sufficient acreage to enable the construction of a home.. It would also constitute a special privilege vis-a-vis holders of large tracts of undeveloped land in the area who could reasonably argue that based upon the grant of a variance to the applicant, they should be entitled to divide their properties into parcels of less than 5 acres as well. City of Eden Prairie July 13, 1995 Page 10 3. Any variance granted must be in keeping with the spirit and intent of the provisions of the Code and consistent with the objectives of the zoning chapter in the Code. In this case, the spirit and intent of the zoning provisions of the City Code are set forth in the objectives of the zoning provisions in Section 11.01 and Section 11.10 of the City Code quoted above. The proposed variance would do violence to those purposes in the following manner: a. It, and similar requests for variances which have been made in the past and would certainly arise again in the future, would disrupt the orderly development of the City by increasing growth in an area not suited for present development under the Comprehensive Guide Plan. b. It would be inconsistent with and destabilize existing land uses in the area. c. It would be premature in view of the lack of water, sewer and improved road services. d. The location of a private driveway access on the steep curve of Eden Prairie Road would make even more dangerous that already very accident-prone roadway. This would be particularly true in the winter when the hill where the driveway would be located is rendered exceedingly dangerous by the presence of compacted snow and ice. No sight line distance is enough in such conditions. The driveway configured on the applicants' site plan, with a grade that appears to exceed greatly the stated 12% average grade where it meets Eden Prairie Road, would create a major hazard to both users of the driveway and traffic on the road. e. It would have a negative impact on existing real property values by an adverse impact on residences in the vicinity. First, septic facilities established by the applicants and by potential similar applicants could have a harmful effect on the well water currently used by all of the residents of the area. Secondly, development of this and similar acreage could have a generally adverse effect on groundwater, wells and springs in the porous soil of the area. f. It would represent an intrusion into a naturally rural, wooded and grassland bluff area. The parcel is part of sensitive bluff lands which the City has identified to be of natural and environmental significance. The slope of the site and nature of the soils on the parcel make it unsuitable for any form of construction. The positioning of a residence on the site and the provision of driveway access would require major alteration to the terrain, further exacerbating the fragility of the slope and soils, particularly in areas downslope from structures VTIT - zz City of Eden Prairie July 13, 1995 Page 11 and impervious surfaces. Existing residences in the area are, for the most part, set back from the actual bluff slope and constructed on far more stable soils. g. It would generate premature urban development prior to the installation of adequate water, sewer, drainage, streets, utilities and other facilities and be inconsistent with the orderly development of the community. h. This type of development would make necessary on a much more immediate time schedule water and sewer facilities and improved roads, the availability of which is not presently assured. i. It, and similar requests, would hasten the demise of agricultural pursuits in the southwestern area of Eden Prairie. It is also pertinent in this connection to consider the impact of the policies of the Metropolitan Council on this matter. ' The tract in question is outside the metropolitan urban service area. It remains uncertain whether urban sewage facilities will be extended to this parcel. The Metropolitan Council has made clear that it expects municipalities to cooperate in discouraging unwarranted development of areas outside the urban service area. The acts of the legislature establishing and empowering the Metropolitan Council should be taken into account by the City in any determination which would have a negative impact on the policies of the Metropolitan Council. The City must also be aware that in the event a petition for variance or rezoning is allowed in this instance, doubt could be cast upon the City's willingness to enforce the zoning provisions of the Code with respect to other parcels in the rural zone which do not comply with the City Code. I understand that there may be as many as 10 to 15 such parcels in the City, including several in the immediate neighborhood of the parcel in question and in the sensitive bluff area of the southerly portion of the City. While it is our position that no failure on the part of the City to enforce the provisions of the Code should have any impact on the enforceability of the Code in other instances, it would certainly not be wise policy to invite attack by failing to give effect to the Code. IV. REMEDIES FOR ADJACENT LANDOWNERS The grant of a variance and issuance of a building permit by the City under these circumstances would be void and could be contested by adjacent landowners. As stated in Lowry v. City of Mankato, 231 Minn. 108, 42 N.W.2d 553 (1950): A building permit issued in violation of a zoning ordinance by an official lacking power to alter or vary the ordinance is void, and a zoning regulation may be enforced notwithstanding the fact that the permittee may have commenced VDT A - 23 City of Eden Prairie July 13, 1995 Page 12 building operations .... The reason given for the rule by the authorities is that both the granting of a permit and the varying of a zoning restriction involves the exercise of governmental power, which cannot be exercised by an officer upon whom it has not been conferred or set at naught by the action of a property owner proceeding in defiance thereof .... A private property owner injured by the violation, as here, is entitled to injunctive relief. As stated in State ex rel. Howard, supra.: The principles governing the situation are well established. Generally, it is held that, where a permit has been issued by an authorized officer under a mistake of fact and contrary to zoning ordinances, it confers no privilege on the person to whom it is issued and even though the latter may have taken some action thereunder with the incurment of expenses, it may, nevertheless, be revoked." V. POSITION OF THE CITY In view of the foregoing discussion, we believe that the position the City of Eden Prairie should take in this matter is one which upholds the validity of the City Code and does not place a burden of enforcement of the City Code on residents of the City. The burden to contest the position of the City should be placed on the person who disputes the validity of the City Code, not on those who seek to enforce it. The position which the City of Eden Prairie should adopt in this matter is based on the facts that (1) there is no language in the zoning provisions of the City Code which entitle the applicant to secure a variance or building permit since the parcel does not comply with the minimum required by the Code, and (2) nothing in the Code provides for or suggests the existence of any grandfather rights which would apply to purchasers of a parcel of less than 5 acres in size subsequent to the effectiveness of Ordinance No. 135. As stated above, there are no grandfather or other equitable rights recognized in the law which would apply in these circumstances. Moreover, it is our position that no prior action or statement by the City staff which may have been inconsistent with the Ordinance overrides the applicability of the Code or the right of the City or its residents to enforce it. If the City, through some fear of litigation or otherwise, fails to enforce the Code, the consequences would be both unfortunate and incongruous. First, it would require residents opposing a variance or building permit to sue the City to enforce their rights. Second, as you may be aware, an injunction action normally requires the posting of a bond which could be both sizable and expensive, a burden which should not be placed on residents seeking to enforce the City Code. Finally, it would leave the position of the City in the action ambiguous at best. What would the City do? Remain passive in the action because it had no firm view of the law rm A -2,-I City of Eden Prairie July 13, 1995 Page 13 on the matter? It would seem incongruous for the City to take action and then not defend that action in court. But, it would be equally incongruous for the City to take an active role in seeking to defeat the applicability of its own Code when the requirements of the Code are clear. These incredible results would be due to a failure on the part of the City to determine its course of action solely on the basis of well supported legal considerations. Allow me to summarize our views in this matter. First, the variance procedure is inappropriate under the law for the request being made. A request for rezoning is the only applicable procedure under the City Code and state law. Second, it is our position that the zoning provisions of the City Code ought to be enforced by the City in terms of the plain words and policies contained therein. Third, the grant of a variance or rezoning in this case would do violence to the policies of health, safety and welfare underlying the zoning provisions of the City Code and would be improper under the provisions of Minnesota law relating to variances. Fourth, the practical effects on the City and on nearby residents of a grant of a variance or rezoning would be harmful. Fifth, as set forth above, under the law no prior inconsistent activity on the part of the staff of the City can have any bearing on the applicability of the Code. Sixth, if the applicants for the permit intend to assert some constitutional or other equitable right which they allege should make the Code inapplicable, they should be required to establish that right through a mandamus action commenced by themselves. Seventh, perhaps most important, the City should not put Eden Prairie residents in the position of having to enforce the provisions of the City Code. Enforcement of the City Code is the business of the City administration, and it should not abdicate that responsibility or burden to its residents. Finally, we believe it is the responsibility of the City to make a conclusion with respect to this matter on the basis of the law applicable, not based on determinations of what its past practices may have been, not in terms of assertions by the applicant not supported in the law, not due to "trade-offs" with the applicant, and not in terms of tactical or expense considerations with respect to any litigation which may ensue. If you have any questions regarding this letter or our position in the matter, please feel free to contact me. Thank you for your consideration of our views on this matter. Very truly yours, can R. Edstrom cc: Dr. and Mrs. Ralph R. Nielson Mr. and Mrs. Jack Provo Mr. and Mrs. Richard Knight Mr. James Van Winkle Mr. and Mrs. Hibbert Hill, Jr. DRE:88812:h1 a - zs MODERN AERO INC. FLYING CLOUD AIRPORT • 14801 PIONEER TRAIL • EDEN PRAIRIE, MINNESOTA 55347 • (612)941-2595 The Honorable Jean Harris; Mayor of Eden Prarie and Eden Prairie City Council Eden Prairie City Center 8080 Mitchell Road Eden Prairie, Mn 55347 Dear Mayor Harris and City Council Members, Please accept this letter, as my formal resignation as a member of the Flying Cloud Advisory Commision. I have been one of the Airport Business representatives on the commission for over ten years. I feel that my time on this commission as of late, could better be spent as a pro-active advocate of Flying Cloud Airport. The issue of Airport Expansion has become such a political one, that I can no longer feel good about my time spent as a commissioner. The Flying Cloud Business Association has met last month, and has accepted my resignation as their representative on the advisory commission. As my successor, they have unanamously elected Mr. Alan C. Nitchman, Vice President and General Manager of Elliot Aviation. I hope that the City Council will appoint Mr. Nitchman to the commission as I think he will do an excellent job for the community. I hope to visit with you soon regarding the airport, and our needs here as Business Owners and Taxpayers in your city. Sincerely, t; Timothy P. henfelter President MODERN AERO, INC. X. A- - 5129448614 ELLIOTT AVIATION 827 P02 AUG 04 '95 12:51 RESUME ALAN C. NITCHMAN 9249 Morning Star Place Parker, CO 80134 303/398-5600 303/841-5716 SCOPE OF EOM Mr. Nitchman has expertise in the following general aviation areas: fixed based operations, fuels, fueling and fuel farm operations, deicing, ground handling, charter operations and properties and facilities management. Helicopter operations,marketing and customer support at the manufacturer's level. Part 141 flight training, Part 147 aircraft power and plant schools, and accreditation procedures for the National Association of Trade and Technical Schools. As Director of Line Operations for a major Fixed Base Operation, Mr. Nitchman has extensive experience in major airline fueling, deicing and ground handling support. EDUCATION University of Colorado, Executive M.B.A. Slippery Rock University- Bachelor of Science Degree { United States Marine Corp Officers' Candidate School United States Naval light School Commercial Pilot - Airplane Single Engine Land; Helicopter, Instrument WORK HISTORY AMR Combs-Denver, Inc. - March 1988 - Present Director, Line Operations Direct and manage general aviation, airline and cargo aviation services,fuel facilities management,fleet maintenance,properties and catering services for AMR Combs-Denver facilities. Designed and negotiated maintenance and operations throughout agreement with United Airlines for the management of a 90,000 barrel/month above ground storage facility. Fueling services in excess of 20 million gallons per month. Established airline charter division to serve non-scheduled airline charter service. X, A . - 3 6129448614 ELLIOTT AVIPTION 827 P03 AUG 04 '95 12:52 Directed deicing services for major airline cargo operations and general aviation. Responsible for coordinating review of EPA requirements for fuel farms and construction of new above ground facility for environmental compliance. Responsible for design and implementation of system and contract with tie-in to all tenants for compliance with FAR 107. The Aviation Collection, Inc. - 1986 - 1988 Vice President and General Manager Managed and directed line service, avionics, and maintenance department. Burnside-Ott Aviation Training Center, Inc. - 1984 - 1986 Vice President and General Manager (1985-1986) Managed and directed Flight and Aircraft and Power Plant School serving twelve hundred aviation students and supporting a fleet of twenty-five aircraft with maintenance, avionics and parts support. Directed and obtained approval for accreditation of the training center by the National Association of Trade and Technical Schools. Directed and obtained approval by the F.A.A. for the opening of an approved Part 147 Airframe and PowerplantSchool pp rp in Pensacola, Florida. Vice President of Sales and Service (1984-1985) The Enstrom Helicopter Corporation - 1978 - 1984 Vice President of Sales and Service - 1979 - 1984 Sales Support Responsible for development of sales and service distribution network on a global basis. Developed and executed marketing and convention activities on a global basis. Directed and negotiated sales programs for fleet helicopter purchases on a global basis. - 2 - 6129448614 ELLIOTT AVIATION! 827 PO4 AUG 04 '95 12:52 Service Support Directed reorganization of service support. Established first Enstrom Helicopter Corporation Sales and Service Policy and Technical Manual. Member of the Accident Investigation Review Committee and Products Integrity Board. Domestic Sales Manager (1978-1979) Coordinated with appropriate departments for the configuration and delivery of all domestic helicopters. Developed marketing materials and established media activities. Pfizer, Inc., Roerig Division Sales Representative - 1970 - 1978 Sales representative assigned to hospitals in the State of New Jersey. United States Marine Corp., Naval Aviator, Captain - 1966 - 1970 Five year service. Thirteen months Viet Nam combat helicopter pilot. Flew 960 missions primarily medical evacuation, troop insert and extracts, cargo-internal and external, and personnel transportation. Received Distinguished Flying Cross, forty-eight Air Medals and Presidential Unit Citation. Squadron pilot/training officer. Responsible for pilot training, promotion, discipline, administration, personal affairs and career guidance for squadron. Aircraft flight experience with, Instrument, Commercial License/pilot in command and aircraft commander ratings in the T-34, T-28, TH- 13M, UH-34(S-58), CH-46(107), Enstrom F-28C, 280C, F 28F, 280F with 1700 flight hours. PERSONAL DATA Born March 21, 1943, 6' 185 lbs., married, three children. Participate in tennis, golf, racquet ball, skiing and other sports. Chairman of AMR Combs Denver International Airport Task Force. Member of Denver International Airport Fueling and Deicing Committee. Member of Denver International Airport Alternate Fuels Committee. - 3 - 6129449614 ELLIOTT AVIATION 827 P@5 AUG 04 '95 12:52 Member of United Parker Methodist Church, Staff Parish Relationships Committee. Certificate of Appreciation for Dedicated Service to Miami-Dade Community College. Certificate of Completion for the In Search of Excellence Seminar. A CareerTrack's Continuing Education Seminar. Deacon in the Old Cutler Presbyterian Church, Miami, Florida. • • • xi a . - DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: VIILC SECTION: Petitions & Requests DEPARTMENT: ITEM DESCRIPTION: Engineering Division Petition for Storm Sewer and Street Improvements by Builtwell Construction Alan D. Gray Recommended Action: Deny the petitions of Nancy K. Nicklay for the estate of Harry A. Rogers for the construction of approximately 160 feet of public street and 600 feet of storm sewer. Overview: Two separate petitions for public infrastructure to support the residential development known as the Sutton Addition, located southerly of Pioneer Park and westerly of CSAH 4 have been presented to the City for consideration. The first petition is for the construction of approximately 160 linear feet of residential street extending from CSAH 4 westerly to the subdivision entrance as shown on the development plan. Staff concerns regarding this petitioned project have been previously outlined in a letter to Builtwell Construction dated August 4, 1995 and are summarized below: 1. This short segment of public street will be relatively inefficient to construct as a public improvement project. The developer will pay a significantly higher cost when considering both the cost for a temporary street segment connecting across the right-of- way area to Pioneer Park and the cost for the public street segment constructed as a City project. 2. It will be more inconvenient to both the users of the city park and the residents of the new subdivision when the City is required to remove the temporary street connection to construct the permanent public street. 3. The proposed temporary street construction will not be conducive to the development of a construction access to the site. This will likely result in significant construction traffic using the parking facility of the park. 4. An analysis of benefit from this segment of public street construction, in accordance with State Statutes Chapter 429, will not likely result in the assignment of benefit to other properties in addition to Sutton Addition. Other properties are not likely to be shown to increase in value as a result of this segment of public street construction. The second petition presented by the estate of Harry A. Rogers for Builtwell Construction, the developers of the Sutton Addition, is for a segment of storm sewer across Pioneer Park. This segment of storm sewer would convey storm water from the Sutton Addition, and in the future may convey storm water from the Marshall property south of the proposed Sutton Addition and a small portion of CSAH 1. Based on the use of plastic pipe materials, this 600 foot segment of storm sewer will likely cost less than $20,000 if constructed as part of the subdivision viii e. i improvements. Constructed as a petitioned project total cost may exceed $30,000. This increase in cost is due to the administrative cost associated with the preparation of a feasibility study and public hearing process together with the cost associated with mobilizing a contractor under a City project for construction across the park. While in the future this storm sewer may convey storm water from other properties, an analysis of benefit may not demonstrate an increase in value to sustain assessments to other properties. Staff recommends denial of the petition for the following reasons: 1. Project is of such a small scale that any benefit to the developer, by virtue of assignment of cost to other properties, will be offset by an increase in overall cost to process this project through the petition process. 2. There is a financial risk to the City to proceed as a public improvement project in that assessments to the Sutton property and others may not be sustained. 3. If constructed as part of the subdivision improvements by the developer of the Sutton Addition, the costs appear to be reasonable and do not represent a significant impact to the overall development budget. Primary Issues: Builtwell Construction, the developer of the Sutton Addition, has clearly indicated in numerous discussions with City staff their desire to have the City, Hennepin County and the owner of the property directly south of the proposed Sutton Addition share in the cost of the short segment of public street and the storm sewer across Pioneer Park. The purpose of the petitions is to offset a portion of the infrastructure cost to others. Total infrastructure cost for sanitary sewer, watermain, storm sewer and street construction, including the petitioned portions, has been estimated by J.R. Hill & Associates at $146,103, or $9,131 per residential unit. The estimated cost of the petitioned portion of the project are less than $40,000. The most cost effective way to implement these petitioned improvements is to construct them as part of the overall project to be built by the developer. The petitioned project will significantly add to the total cost and will result in inconvenience to users of Pioneer Park and residents of the proposed Sutton Addition. The City's concurrence in the use of the park access to CSAH 4, by the residents of the subdivision, has effectively reduced the infrastructure cost to the developer by $50,000. The savings comes from eliminating the need to construct turn lanes and bypass lanes at the connection of the subdivision street to CSAH 4. This savings to the development cost of the subdivision more than offsets any portion of the petitioned improvement costs that may be assigned to other properties. Financial Issues: The petition presented by the Harry Rogers estate, on behalf of Builtwell Construction, are standard petitions that do not obligate the developer for any portion of cost to construct the petitioned facilities. The Council should consider the possibility that all or a portion of the cost for these petitioned facilities may not be covered by sustainable assessments. • • CITY OF EDEN PRAIRIE, MINNES OTA P�ITTION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvement(s): (General Location) Sanitary Sewer That part of the SE Quarter (SE i) of Watermain Section 20, Township 116, Range 22 Storm Sewer West of a line easterly of County Road No 4 X Street Paving and northerly of County Road No 1 (s(seere attached) Street Address of Other Legal Description of Signatures of Petitioners Property to be Served (Must Be Propell► Owners) 9100 Eden Prairie Road Estate of Harry A. Rogers PID 20-116-22-41-0001 Nancy Nicklay, P.R. Vii-&C)10-7 (For City Use) Date Received Project No. Council Consideration CITY OF ED1324 PRAIRIE, MINNESOTA PE 1T1"iON FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvement(s): (General Location) Sanitary Sewer That part of the SE Quarter (SE k) of Watermain Section 20, Township 116, Range 22 Storm Sewer West of a line easterly of County Road No 4 X Street Paving and northerly of County Road No 1 (s(seere attached) Street Address of Other Legal Description of Signatures of Petitioners Property to be Served (Must Be Property Owners) 9100 Eden Prairie Road Estate of Harry A. Rogers PID 20-116-22-41-0001 Nancy Nicklay, P.R. K C/Z-&CY6 (For City Use) Date Received Project No. Council Consideration EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-15-95 SECTION: APPOINTMENTS ITEM NO. X. P . DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger Appointment of New flying Cloud Advisory Scott Kipp Commission t e, ber Request to Council: Flying Cloud Airport Advisory Commissioner Tim Ashenfelter resigned from the Commission at their August 2, 1995 meeting. Mr. Ashenfelter was one of two Flying Cloud Airport Business Association representatives to the Commission. His letter of resignation is attached. The Flying Cloud Airport Advisory Commission and the Airport Business Association have unanimously endorsed Mr. Alan Nitchman as his replacement. Mr. Nitchman is the Vice President and General Manager of Elliot Aviation. The Advisory Commission believes that Mr. Nitchman will be an excellent Airport Business Association representative on the Commission, and recommends that the City Council appoint him. Supporting Reports: 1. Letter from Mr. Timothy Ashenfelter 2. Resume from Mr. Alan C. Nitchman X. A. - 1 3[6. .• • t Nine Mile Creek Watershed District • • ` Engineering Advisor: Legal Advisor: Barr Engineering Co. Popham,Haik,Schnobrich&Kaufman 8300 Norman Center Drive 3300 Piper Jaffray Tower . 4 , Suite 300 222 South Ninth Street • Minneapolis,MN 55437 Minneapolis,MN 55402 a• Ph.832-2600 Ph.333-4800 August 4, 1995 Eden Prairie City Council 8080 Mitchell Road. Eden Prairie, MN. 55344-2230 Attn: Joyce Provo Dear Ms. Provo I have been priviledged to serve as a Manager of the Nine Mile Creek Watershed District when major cooperative Mnicipal/District projects have been completed. Mount Normandale Lake, Bredesen/Mud Lake and Lower Valley are examples of projects initiated by City Councils and completed by the Watershed District. Last year the District worked with the City of Hopkins to authorized and complete a flood plain project in less that one year from the time the petition was reviewed. I am very proud of the working relationship which the Managers have developed with each of the municipalities of the District, and I am seeking reappointment as a Manager. I am aware of the a policy that the Hennepin County Board of Commissioners has adopted on watershed manager appointments and, while it does not foreclose my reappointment, it indicates the need to seek the support of the cities. My tenure as Chairman of the Nine Mile Creek Watershed District was based on working with the municipalities and I do request your support of my reappointment as a Manager of the Nine Mile Creek Watershed District. Presently the Watershed is working on the Smetana Lake project and we will be evaluating a project for Bush/Anderson Lakes. Have served on the board for 17 years. I feel that I have served all the municipalities equally and would like to see these projects through to completion. I would also like to see us with a completed and approved 509 plan. Sincerely, eit.)..tte....4.04.) Aileen Kulak Board of Managers Aileen Kulak-Bloomington Helen McClelland-Edina Larry Madden-Bloomington LuAnn Tolliver-Minnetonka Edward Schuck-Eden Prairie DATE: 08/15/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: XI.E.1 SECTION: Director of Public Works DEPARTMENT: ITEM DESCRIPTION: (I.C. 95-5390) Public Works Award Contract for City Center Site Lighting Improvements Eugene A. Dietz Requested Action: Motion to approve resolution awarding contract for City Center Site Lighting Improvements to Ridgedale Electric, Inc., in the amount of $27,600.00. Overview: This project involves relocating some of the decorative lights near the City Center entrance, as well as some additional lights near Well House No. 12. Xl . 1, I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 95-5390 - City Center Site Lighting Improvements bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to RIDGEDALE ELECTRIC, INC. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Ridgedale Electric, Inc., in the name of the City of Eden Prairie in the amount of $27,600.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on August 15, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk ZO'd 1ti101 TliDA tOLTZ.IONO.DUVALL.ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFPRAY PLAZA 444 CEDAR STREET SAINT PAUL,MINNESOTA BS1014140 PHONE:6120292.4400 FAXx12292-0Oe3 August 15, 1995 Honorable Mayor and City Council Eden Prairie,Minnesota Re: City Center Site Lighting Improvements Improvement Contract No. 95-5390 Eden Prairie,Minnesota Commission No. 10898 Dear Mayor and City Council: Bids were received for the above referenced project on August 15, 1995 with the following results: Ridgedale Electric,Inc. $27,600.00 Bacon's Electric Company 29,590.00 Prairie Electric Company,Inc. 32,375.00 Gunnar Electric Company, Inc. 36,100.00 Olympic Electric Company,Inc. 44,750.00 It is recommended that City Improvement Contract No. 94-5390 for the construction of City Center Site Lighting Improvements be awarded to the low bidder,Ridgedale Electric,Inc. in the amount of$27,600.00. Sinc rely, -177//6x- David L. Moore, P.E. DLM/mha • 3 0,70'd 230n 767 719 S56Z-St-90b