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Home My WebLink AboutCity Council - 09/19/1995 AGENDA CITY COUNCIL/STAFF WORKSHOP TUESDAY, SEPTEMBER 19, 1995 6:15 PM, CITY CENTER Heritage Room 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfhinson,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 Human Resources and Community Services Natalie Swaggert, Director of Parks, Recreation &Facilities Bob Lambert, Police Chief Jim Clark, Director of Public Works Gene Dietz, City Engineer Al Gray, Director of Assessing and MIS Steve Sinell, Director of Finance John Frane, Director of Inspections Kevin Schmieg, and Finance Operations Manager Maxine Brueck CALL TO ORDER II. PURCHASING POLICIES/SELECTION OF CONSULTANTS III. OTHER BUSINESS IV. ADJOURNMENT (7:15 PM) AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 19, 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. MINUTES A. COUNCIL/STAFF WORKSHOP HELD THURSDAY, AUGUST 31. 1995 B. COUNCIL/STAFF WORKSHOP HELD TUESDAY. SEPTEMBER 5. 1995 C. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 5, 1995 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AMERICAN LUTHERAN CHURCH 2ND ADDITION 2nd Reading of an Ordinance for Zoning District Change from Public/R1-22 to R1-13.5 and Approval of Developer's Agreement for American Lutheran Church 2nd Addition by Hustad Land Company. Location: SW Corner of Bennett Place and Pioneer Trail (Ordinance for Zoning District Change) City Council Agenda Tuesday, September 19, 1995 Page Two C. KINDERCARE by Kindercare Learning Centers, Inc. 2nd Reading of an Ordinance for Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.75 acres; Adoption of a Resolution Approving Site Plan Review on 2.75 acres and Approval of a Developer's Agreement for Kindercare located at Hwy. 169 and Anderson Lakes Parkway. (Ordinance for Zoning District Amendment and Resolution for Site Plan) D. REGENCY PARC TOWNHOUSES by Regency Parc Limited Partnership. 2nd Reading of an Ordinance for PUD District Review on 7.27 acres and Zoning District Change from I-2 Industrial to RM-2.5 on 7.27 acres; Approval of a Resolution for Site Plan Review on 7.27 acres and Approval of a Developer's Agreement for Regency Parc Townhouses located at City West Parkway. (Ordinance for PUD District Review and Zoning District Change from 1-2 Industrial to RM 2.5 and Resolution for Site Plan) E. RESOLUTION APPROVING FINAL PLAT OF REGENCY PARC TOWNHOMES (located north of City West Parkway and east of Shady Oak Road) F. ANDERSON LAKES COMMERCIAL CENTER 3RD ADDITION Acceptance of formal withdrawal of Anderson Lakes Commercial Center 3rd Addition by 169 Anderson Lakes Corporation. G. AWARD BIDS FOR RILEY LAKE PARK LANDSCAPING II. J. R. CUMMINS FARM HOUSE RESTORATION PROJECTS I. RESOLUTION APPROVING FINAL PLAT OF AMERICAN LUTHERAN CHURCH 2ND ADDITION (located at the southeast quadrant of Pioneer Trail and Bennett Place) J. RESOLUTION APPROVING FINAL PLAT OF HAWTHORNE OF EDEN PRAIRIE 5TH ADDITION (located north of proposed TH 212 and east of Dell Road) K. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE FOR OCTOBER 17, 1995 City Council Agenda Tuesday, September 19, 1995 Page Three L. APPROVAL OF RESOLUTION OF FINDINGS UPHOLDING DENIAL OF NIOSI VARIANCE REQUEST BY BOARD OF ADJUSTMENTS & APPEALS V. PUBLIC HEARINGS/MEETINGS A. ABRA AUTO BODY by Abra Auto Body. Request for Comprehensive Guide Plan Change from Industrial to Community Commercial on 1.1 acre, Rezoning from I-2 to Community Commercial on 1.1 acre, Site Plan Review on 1.1 acre, Preliminary Plat of 2.36 acres into two lots and road right-of- way. Location: Northeast corner of Hwy. 169 and Aztec Drive. (Resolution for Comprehensive Guide Plan Change, Ordinance for Rezoning from 1-2 to Community Commercial, and Resolution for Preliminary Plat) B. AMOCO CAR WASH by New Image Construction&Development. Request for Zoning District Amendment within the C-Hwy Zoning District on 0.9 acres, and Site Plan Review on 0.9 acres. Location: 8100 Flying Cloud Drive. (Ordinance for Zoning District Amendment) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. Tax Forfeiture Status Report - Outlot A. Glenshire Addition B. Grading Permit for Cherie Pronertv located at the Northwest Quadrant of TH 169 and Fountain Place C. Grading Permits for the Proposed Transit Hub located west of Prairie Center Drive and south of existing Technology Drive, I.C. 95-5374 IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. City Manager Evaluation City Council Agenda Tuesday, September 19, 1995 Page Four B. REPORT OF CITY MANAGER 1. Changes to the By-Laws of the Eden Prairie Fire Relief . 1 iation 2. Progress Report on South Metro Public Safety Training Center 3. Policy for Investment of City Funds 4. Restoration of Planned Expenses in 1995 Budget C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIH. ADJOURNMENT OM ER UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL THURSDAY, AUGUST 31, 1995 6:00 p.m. CITY CENTER COUNCIL/STAFF WORKSHOP Council Chambers, 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Councilmembers Ron Case,Nancy Tyra-Lukens, Patricia Pidcock, 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 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, and Planner Don Uram. 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. BUDGET REVIEW City Manager Carl Julie stated that staff had prepared the proposed 1996 budget for City Council review and comment per Council direction given at previous budget workshops. In discussing a summary of the proposed budget, he reviewed the previous discussions from which the present budget was evolved. He stated the Council had wanted to eliminate the use of one-time revenues and staff had worked to achieve that. Staff endeavored to hold operations spending to the 1995 levels and no new staff positions or programs or services were proposed. Prior commitments to new or enhanced programs were maintained, such as the Oak Point pool, Marketcenter streetlighting, and accelerated full-funding for the Fire Relief Association. The budget assumed the local match for the Metropolitan Livable Communities Act would not come from the General Fund. Modest salary adjustments were provided for staff which would keep pace with inflation. There was no contingency funding provided for extraordinary or special requests, and that would need to be addressed separately. Total spending, including debt service, would be $22.5 million in 1996, versus $22.1 million in 1995, which is an increase of 1.8%. Mayor Harris inquired if the MLCA funding was deferred because there was an assumption that the City will have to fund it in 1997. Enger responded that staff is looking at funding from tax increment financing or other sources for this year. Pidcock asked about the salary increases and what the percentage of adjustment was. Jullie responded that it was approximately 3 to 4%, and included such items as merit increases. Council Staff/Workshop Minutes August 31, 1995 Page 2 Jullie reviewed the revenue highlights, and stated that the tax levy was consistent with City Council direction. The taxes for the average-priced homestead will go to $557 in 1996, which includes a $32 increase for City services. As tax base is growing and the City is holding down expenditures, the disparity filled by one-time revenue is being corrected. Proposed revenues for 1996 are predicted on some significant assumptions, including the adoption of the fee schedule in the 1994 Uniform Building Code, the extension of the MUSA line, an increase in Engineering fees, and diminished profits from Liquor Enterprise because of the County Road 18 construction. He noted that the use of one-time revenues from $1.6 million in 1995 to $330,000 in 1996 was decreasing and staff anticipated that no one-time revenues would be utilized in 1997. Tyra-Lukens inquired what would happen if the MUSA line was not extended, and Jullie responded that the City would have to utilize some of the financial reserves to make up the difference. He noted that it could also happen that other fees were not collected as projected. Additional fees could be implemented for recreation programs, street lighting, etc. Staff is working with the Metropolitan Council to try to have the MUSA line extended. Pidcock commented that other cities had extended MUSA lines in their communities and she inquired about how long that took. Enger responded that Maple Grove was involved in that process about 1.5 years and Cottage Grove was 2.5 years in the process. Eden Prairie has been in this process for 13 months. Met Council is requesting that the City have a new transportation plan done, which is a very lengthy process. He noted that as Met Council has attempted to tie the MUSA line extension process to the Flying Cloud Airport Expansion, it could take even a longer time to resolve. He noted that this could have a large impact on the fees the City collects for new construction in the future. Jullie stated that departmental expenditures were reviewed and the City was maintaining the present levels into 1996. He noted that the tax levy accounted for an average valuation change of 5.8% on homesteaded properties in the City. He reviewed the tax capacities, tax levies and tax rates projected for 1996. Jullie discussed the increase in revenues because of the adoption of the 1994 UBC fee schedule. The tenant/rental income of$610,000 was built up over several years and it was used this year so those funds will not be there for next year. The City was also planning to sell a piece of property, but it will generate less revenue because of access problems. In comparison to budget workshop projections, there were areas where the tax receipts would be somewhat lower than anticipated. The Council would consider a resolution adopting the preliminary budget and setting the tax levy on September 5, and the final budget will be adopted in December. The tax levy cannot be changed after September 15th. Mayor Harris inquired about contingencies, and how staff anticipated those would be funded. Jullie responded that the City needs to develop plans and mentioned some approaches. Presently the contingency funds come from the General Fund reserve and other ways of funding these items should be identified. Mayor Harris inquired about the School District referendum and the Hennepin County budget and what percentage increases those might have on residential property taxes. Discussion ensued regarding Council Staff/Workshop Minutes August 31, 1995 Page 3 the stability of property values in Eden Prairie, a feature which makes it a desirable place to live. Mayor Harris commented that property values in Minneapolis and St. Paul are not stable, which makes tax receipts go down. Mayor Harris complimented staff on presenting Council with a good, lean, budget that controlled spending. Thorfinnson commented that the City had been using one-time revenues to buy down the tax rate and the City can no longer afford to do that. Case commented that although taxes may be at a plateau level in five to six years, funding the level of services will require small increases after that to offset expenses. Discussion ensued regarding how best to present this information to the residents. Jullie stated that highlights of the proposed budget would be included in the Community Newsletter. Tyra-Lukens commented she had received feedback from residents who felt that the City had been adequately developed, and were opposed to further development. She inquired if new development paid for itself. Jullie responded that staff had looked at the fees generated by new development and typically those do cover the costs of the development. Case asked if staff could obtain figures regarding the amount of benefit the City derived from a $200,000 home that was already built, occupied, and homesteaded. Jullie responded that those homes contribute tax dollars to pay for the improvements and contribute to the tax base of the City. Discussion ensued regarding the budget being predicated on the premise of growth and the desire for the community to develop. Jullie noted that there was a basic infrastructure already in place, and the City depended on further development to share in paying for that. Enger stated staff would put together some figures illustrating how growth will impact the City and if that growth decreases it will significantly impact the budget and the plans for the City. Thorfinnson asked if the City was implementing a developer fee to cover the costs of staff time. Enger responded affirmatively, and noted that this was being accomplished with the adoption of the fee schedule in the 1994 Uniform Building Code. Mayor Harris asked if this would encourage a developer to construct further out, and Jullie responded negatively, noting that development was increasing in Chanhassen and Chaska at a rapid rate. Enger stated that Chaska had issued three times the building permits that Eden Prairie had. Tyra-Lukens inquired what City services were contracted for and if they could be compiled. Director of Public Works Dietz responded that the City presently contracts for street sweeping, sealcoating, and partial asphalt overlays. Such items as patching, crack sealing, etc., are not contracted. They use $460,000 of the Street Budget for contracted services. Jullie noted that some of the technology acquisitions need to be completed as they are falling behind in the system. Jullie stated that the Logis computer service was contracted also. Mayor Harris inquired if there were areas needing replacement or repairs of equipment, and Jullie responded that there was no funding set aside for this. Tyra-Lukens inquired when the Council would deal with the recreation fee policy issue. Director of Parks, Recreation and Facilities Lambert responded that the Parks Council Staff/Workshop Minutes August 31, 1995 Page 4 Commission would be addressing this in September and hoped to have information to present to the Council in October. He noted that the Commission would need to determine what items should be subsidized and which should not be. The Commission and staff will have to work through it and determine whether the proposed fees are equitable. He noted that this change had not been included in the 1996 Proposed Budget. A petition had been submitted for a section of trail along County Road 4 which was not in the proposed budget at this time. He was looking into alternative funding for this trail segment at this time. Mayor Harris noted that since no action was required by the Council at this time, the budget will be discussed again on September 5. III. ADJOURNMENT The meeting was adjourned at 7:45 p.m. Prepared by: Barbara B. Anderson Council Recorder CCWS831.MND m 71r fJ UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 5, 1995 7:30 PM,CITY CENTER COUNCIL/STAFF WORKSHOP Heritage Room IV 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Assistant to the City Manager Craig Dawson, Director of Public Works Gene Dietz, City Engineer Al Gray, and Council Recorder Jan Nelson I. CALL TO ORDER The meeting began at 6:20 p.m. The Council and staff had had dinner in the Garden Room beginning at 5:30 p.m. H. DISCUSSION ON SPECIAL ASSESSMENT PROCESS AND PRACTICES Dietz and Gray reviewed the theory of special assessments and the underlying premise that each project is unique and must meet the test of Chapter 429 of the State Statutes whereby the amount of the assessment must not exceed the increased valuation to the property (benefit). Dietz distributed copies of the Special Assessment Policy booklet dated July, 1989. Gray reviewed the assessment process in the City, noting that the process can be started by a valid petition from 35% of the abutting property owners or by order of the Council. Councilmembers discussed the following: • Raising the$15,000 ceiling for assessment of homesteaded property • The appeal process for property owners • Funding sources if the property's share of the improvement costs is over$15,000 • Deferments and exclusions • Assessment of City-owned property • Assessment process for trunk system improvements • Funding of trunk system improvements once there are no more development projects The Council asked for more information on the current amount of General Fund burden required to cover deferring of special assessments. CITY COUNCIL 1VMEETING 2 September 5, 1995 M. OTHER BUSINESS None. IV. ADJOURNMENT The workshop concluded at 7:25 p.m. Z*m TLC UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 5, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson,Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Julie, 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 Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added item IV. H. HARTFORD PLACE - 1995 AMENDMENT. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. II. OPEN PODIUM III. MINUTES A. COUNCIL/STAFF WORKSHOP HELD TUESDAY, AUGUST 15. 1995 MOTION: Pidcock moved, seconded by Thorfinnson, to approve as published the Minutes of the City Council/Staff Workshop held Tuesday, August 15, 1995. Motion carried unanimously. B. CITY COUNCIL HELD TUESDAY. AUGUST 15. 1995 Tyra-Lukens noted that item B. 1. on page 9 should read "Jullie said Pidcock will not be able to attend ...". MOTION: Case moved, seconded by Pidcock, to approve as published and amended the Minutes of the City Council Meeting held Tuesday, August 15, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BOYCE HOUSE REMOVAL C. RESOLUTION 95-156 SUPPORTING TH 5 IMPROVEMENTS IN CHANHASSEN D. RESOLUTION 95-157 APPROVING FINAL PLAT OF ANDERSON'S IDLEVIEW (located at the Southwest Quadrant of Technology Drive and TH 169) E. RESOLUTION 95-158 AWARDING CONTRACT FOR LIME RESIDUALS REMOVAL. I.C. 95-5389 F. PRESERVE VILLAGE CENTER 2nd Reading of Ordinance 30-95 for Zoning District Amendment in the Community Commercial Zoning District on 9.46 acres, Adoption of Resolution 95-159 for Site Plan Review on 9.46 acres and Approval of a Developer's Agreement for Preserve Village Center by Semper Development located at Anderson Lakes Parkway and C.S.A.H. 18. (Ordinance 30-95 for Zoning District Amendment and Resolution 95-159 for Site Plan Review) G. FUDDRUCKERS, INC.& RIO BRAVO CANTINA 2nd Reading of Ordinance 28-95-PUD-14-95 for PUD District Review on 4.02 acre and Zoning District Change from Rural to C-Reg-Ser on 4.02 acres, Adoption of Resolution 95-160 for Site Plan Review on 4.02 acres and Approval of a Developer's Agreement for Fuddruckers, Inc. & Rio Bravo Cantina by Fuddruckers, Inc. located at U.S. Highway #169 and Technology Drive. (Ordinance 28-95-PUD-14-95 for PUD District Review and Zoning District Change and Resolution 95-160 for Site Plan Review) H. HARTFORD PLACE-1995 AMENDMENT 2nd Reading of Ordinance 26-95- PUD-13-95 for PUD District Review on 4.43 acres, Adoption of Resolution 95- 161 for Site Plan Review on 4.43 acres, and Approval of a Supplement to the Developer's Agreement. (Ordinance 26-95-PUD-13-95 for PUD DistrictReview and Resolution 95-161 for Site Plan Review) Case asked about the timing of item B. Lambert said it will be removed in the next 30 days. Regarding item B, Pidcock said she was sad to see that we wasted $5,000 in architect fees. Pidcock asked if Staff has started a policy to obtain a security deposit for any future rental of City property. Jullie said we will do that for any future rentals. MOTION: Pidcock moved, seconded by Thorfinnson, to approve Items A-H on the Consent Calendar. Motion carried unanimously. CITY COUNCIL MINUTES September 5, 1995 Page 3 V. PUBLIC HEARINGS/MEETING A. LAUKKA-TARVIS DEVELOPMENT by Laukka-Jarvis, Inc. Request for Comprehensive Guide Plan Change to amend the MUSA line, Planned Unit Development Concept Review on 42.2 acres, Planned Unit Development District Review on 15.2 acres, Rezoning from Rural to R1-9.5 on 15.2 acres, Preliminary Plat of 43.2 acres into 48 lots. Location: South of Riverview Road and east of Riverview Drive. (Resolution 95-162 for Comprehensive Guide Plan Change, Resolution 95-163 for PUD Concept Review, Resolution 95-164 for Preliminary Plat and an Ordinance for PUD District Review and Rezoning from Rural to R1-9.5) Peter Jarvis, representing Laukka-Jarvis Development, reviewed the project. He noted there will be 48 lots and 2/3 of the property will be donated to the City. He said a traffic study was done in response to neighborhood concerns, and it determined that there will be minimum impact on the traffic from this type of development. Enger said the Planning Commission reviewed the project at their July 26th and August 14th meetings, and voted approval on a unanimous vote at the August 14th meeting, subject to the recommendations in Alternative I of the Staff Report of August 11, 1995. Lambert said the Parks Commission reviewed the project on August 7, 1995, and voted approval on a 4-1 vote, subject to the recommendations of the Staff Report. He said the Commission approved the park dedication in lieu of cash park fees with the intention to sell part of the dedicated land to the U.S. Fish & Wildlife Service at a later date in order to recoup some cash park fees. They recommended that a sidewalk be placed on only one side of the loop street and that a trail be placed along Riverview Road, with the City to place a temporary trail connection along the end of Mooer Lane to provide neighborhood access to Homeward Hills Park. Pidcock asked what the temporary trail will cost the City. Lambert replied it will be less than $5,000 for the 300 feet of asphalt trail that will be installed. Case asked if the mound management plan comes into effect whether there are artifacts found or not. Pauly said the statute only applies to burial sites. Tyra-Lukens asked about the issue of land donation versus an outlot for the neighborhood. Lambert said this site was one of seven identified as most valuable in Eden Prairie, and we would not want to risk the possibility that the neighborhood association could effect a sale of the property as an outlot. Tyra-Lukens asked if Concord and Riverview are standard streets. Gray said the traffic projected for the streets is well within their capacity. CITY COUNCIL MINUTES September 5, 1995 Page 4 Robert Gertinger, 10326 Concord Drive, said he did not think they are really donating the land since it is not developable. He was concerned about the five- foot setbacks on the property lines, the variances required on property sizes, and jeopardizing safety by increasing traffic on Concord Drive. Rich Crosby, 10366 Concord Drive, was concerned about the increased density since there would be only 20-25 houses in the project if it was developed as the rest of the neighborhood is. Greg Huhler, 12300 Riverview Road, expressed concern about vehicles driven down the bluff area to the west of the project. He asked who will be responsible for monitoring the trailway if it is built. He was also concerned about density and noted that there will be seven homes across the street from his home. Pidcock asked if the property to the west is owned by B.F.I. and what we have done to prevent vehicle traffic in that area. Enger said the property on the top of the bluff is owned by B.F.I. but the property off Riverview Road is private. Dietz said we put some barriers and a gate system at the end of Riverview Road; however, there continues to be four-wheel drive and motorcycle traffic from the top of the bluff. He said we have discussed putting in fencing; however, that is very expensive. Sharon Clements, 10299 Concord Drive, expressed concern about the increased traffic on Concord because it is not wide enough to provide parking on both sides of the street and two lanes of traffic. Case asked if we could propose a road for construction in order to force traffic to that route. Dietz said it would be possible but would involve enforcement. Wolfgang Schroeder, 10584 Covington Circle, was concerned about the safety of property owners because of the former landfill being within a few blocks of the project. Pidcock noted that the City spent a large sum of money to close the landfill and it has been and will be continually monitored. Schroeder said he thought there should be a limit to the proximity of homes to the sandy area of the bluffs because of the erosion problem. Rick Baker, 11280 Riverview Road, was concerned about the density and the traffic. He asked if the bike trail proposed for the south side of Riverview will be extended to County Road 18, and if the intersection of Homeward Hills and Riverview Road will be a controlled intersection. Lambert said the bike trail is in the long term trails plan but will not happen until Riverview Road is upgraded, at which time it will be extended out to County Road 18. Dietz said they have not studied the intersection but Homeward Hills will probably tie into Riverview Road. Baker said he thought there should be a three-way stop sign at that intersection. CITY COUNCIL MINUTES September 5, 1995 Page 5 Randy Hoyt, 10339 Concord Drive, was concerned about safety at the bus stops, especially with icy conditions on Concord at Homeward Hills Road. He was opposed to the density increase. Laurel Bluml, 10540 West Riverview Drive, was concerned that the traffic study did not include anything other than counts. She said the traffic issue concerns counts and the speed of traffic. She was also concerned about the tree replacement including the floodplain and the bluffs slope, not knowing what part of the property is buildable, the higher density next to the existing R13.5 neighborhoods, and the waivers required for the higher density. She said she talked to U.S.F.W.S. and nothing has been approved. They are doubtful that it will be. She was concerned about the loss of cash park fees, the loss of property tax revenue from the dedicated land, and the possible uses for the preservation area and the refuge property. Joe Franzen, 10376 Englewood Drive, was concerned that there is one landowner who wants rezoning and many who don't. He had a problem with the traffic study statistics. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing. Motion carried unanimously. Tyra-Lukens asked Staff to explain how the density was determined and asked if the proximity to the power lines and the steepness of the slope was considered. Enger said that, while there would be a problem developing on the slope, there is no ordinance that prohibits development there. He said that the assumption for the project is that development on the steep bluff slope would be less desirable than clustering the homes up on the flat area of the property. He said the easements for the floodplain and the power lines cannot be developed. Pidcock noted that the Council has had various discussions on the desirability of keeping the bluffs as free of development as possible. Thorfinnson asked what the amount of cash park fees would have been. Lambert said it would be in the neighborhood of$1,000 per unit. Thorfinnson then asked why it is more desirable to keep the homes off the face of the bluff in this project than it was for Walnut Ridge. Enger said we didn't have the opportunity to keep the units off the bluff face at Walnut Ridge because we had to deal with the proposal as it was brought to us. Tyra-Lukens asked about development on the property to the west. Enger said that property is mostly slope; however, the flat spot at the top has platted lots from 15 years ago. He said he did not know what the development plans are for the property. CITY COUNCIL MINUTES September 5, 1995 Page 6 Case expressed concern about the large number of homes proposed for this project; however, he thought that if we do not approve the project, we will have another plan that will have homes built down the bluff. Tyra-Lukens said she did not think the traffic issue is the main one as the traffic will not be any worse than other streets in Eden Prairie. She liked the plan off the bluffs and the additional option for housing that the project provides She was concerned about the level of density at the end of the street because it is inconsistent with the character of the bluff. Thorfinnson was concerned about the loss of cash park fees. He did not think traffic is the main issue since there are areas that are much busier than this. He thought the density transfer issue is a trade-off that needs to be made. MOTION: Pidcock moved,seconded by Thorfinnson,to adopt Resolution 95-162 for Comprehensive Guide Plan change; to adopt Resolution 95-163 for PUD Concept Review; to adopt Resolution 95-164 approving the Preliminary Plat; to approve 1st Reading of an Ordinance for PUD District Review and Rezoning; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and with the additional conditions that construction traffic access be provided and satisfactory erosion control be provided. Motion carried 4-1 with Tyra-Lukens opposed. Pidcock asked Staff to see if a three-way stop sign at Riverview Road and Homeward Hills Road would be appropriate. B. PROPOSED ISSUANCE OF$6,000,000 OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ANAGRAM INTERNATIONAL PROTECT (Resolution 95-165) Jullie said Anagram International has requested issuance of$6 million of Industrial Development Revenue Bonds to purchase manufacturing equipment for its facility on Anagram Drive. The proposal is consistent with State of Minnesota criteria. Such bonds are not General Obligations of the City, but would be repaid by Anagram. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing and to adopt Resolution 95-165 giving preliminary authorization for the issuance of $6 million of IDRBs for Anagram International. Motion carried unanimously. CITY COUNCIL MINUTES September 5, 1995 Page 7 VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Pidcock, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson. Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. Resolution Adopting 1996 Proposed Tax Levy & Accepting 1996 Proposed Budget Jullie said that, pursuant to the Council's budget meeting on August 31, a Resolution has been prepared which certifies the proposed 1996 net property tax levy, sets the dates for the Truth In Taxation public hearings, and accepts the proposed 1996 Budget. The Council must adopt a Resolution establishing the maximum 1996 property tax levy by September 15, 1995. MOTION: Pidcock moved, seconded by Case, to adopt Resolution 95-166 certifying the proposed 1996 property tax levy, setting the dates for Truth In Taxation hearings, and accepting the proposed 1996 Budget. Motion carried unanimously. VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. Request from Stephen & Kimberly Niosi to approve Variance 95-23 denied by Board of Adjustments and Appeals Jullie said the Niosi's have requested that the Council review the decision by the Board of Adjustments & Appeals to deny variances which would be needed to construct a house on their property at Eden Prairie Road and Flying Cloud Drive. He said the Niosi's have prepared a revised plan for the driveway since the project was reviewed the Board of Appeals; however, the lot is 1.23 acres and a five-acre minimum is required for single-family dwellings in this area. Perry Ryan, representing the Niosi's, reviewed the process they went through with the Board of Appeals and described the revisions they have made to the position and grading of the driveway since their appeal. Dietz said Staff has not had time to completely review the revisions to the grading plans; however, it does appear technically possible to get the sight distances desired. He said they would want space for a turnaround since they would not want cars backing out onto the road. Stephen Niosi said they have owned the property for eleven years and were told by the City that it would be a buildable property. He said they are willing to dedicate a portion of property or grant an easement to the City. CITY COUNCIL MINUTES September 5, 1995 Page 8 Dean Edstrom, 10133 Eden Prairie Road, said he owns the lot to the east. Referring to his letter of July 13th to the City, he reviewed his opposition to granting the variance on the Niosi property. The zoning on the property is rural and the minimum for building on such property is five acres. He was concerned about setting precedence if the variance is granted, about the bluffs and the composition of the soil in the area that poses problems for grading and excavation for the house, and the fact that Eden Prairie Road is a dangerous road no matter what the sight lines are for the driveway. Tyra-Lukens asked when the City Code went to the five-acre minimum. Pauly replied that it was November of 1969. Tyra-Lukens noted that means the code was in place when the property was purchased by the Niosi's. Case said he was concerned about the issue of precedence if a variance this extreme is granted. He asked when we anticipate the MUSA line to be extended to this point. Enger said we do anticipate that it will be extended to this point; however, it could be another five to ten years. He said Staff tried to find similar situations in the City and could find none that were even remotely similar to this one. Pidcock said that, while she sympathizes with the Niosi's situation, she had a problem dealing with the fact that the property was purchased as 1.2 acres when the zoning required a five-acre parcel to build on. Karen Niosi said they were told by the City that that is why we have variances. Harris said it is a difficult situation and she is concerned about the sight lines, the turnaround and the absence of sufficient space for parking. Thorfinnson said he was concerned that the MUSA line might never get down to this area. Tyra-Lukens said she is concerned about precedence and she didn't want the message to get out that people can buy substandard parcels and then come to the Council for a variance. MOTION: Pidcock moved, seconded by Thorfinnson, to affirm the decision by the Board of Adjustments & Appeals and to direct Staff to prepare findings and return them to the City Council. Motion carried unanimously. B. Request from The Trails Association Robert Kern, representing the Trails Association, reviewed their request that the City take over ownership of the trail through their association or that they be given permission to eliminate the trail. He said their development started out as 250 units and the City was intended to get a certain portion of the trail through the development. CITY COUNCIL MINUTES September 5, 1995 Page 9 Lambert said the intent of the developer was to build the trail in pieces and then to dedicate it to the City; however, only the first phase was built and the trail was not dedicated. He would like to have the Parks Commission evaluate this and determine what the costs would be to the City to take over the trail, to improve it and to connect it to another trail. Pauly said the City does not have any authority to spend funds on a private property, so it would be necessary to acquire a property interest. Harris said she has a long-standing interest in linking the City by trails and parks so she would like to have the Commission check into the issue and return with recommendations. Case said he was concerned that, if we do this for the Trails, the Preserve will come and asks us to take over their trails, which would be a much bigger issue. Lambert said we have had several discussions with people in the Preserve Association about that possibility. He noted that Edenvale gave up on their trails. Kern said they are concerned about the liability issue because of uninvited use and traffic through their property. MOTION: Pidcock moved, seconded by Case, to direct the Parks, Recreation & Natural Resources Commission to review the request by The Trails Association. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. Human Rights & Diversity Commission - Diversity Training for Board/Commission Members 7ullie said the Human Rights & Diversity Commission wishes to provide board/commission members and persons serving on City advisory groups with diversity training. All current members would have the 2-part training this Fall; thereafter, newly-appointed members would have diversity training included in their orientation activities. MOTION: Pidcock moved, seconded by Tyra-Lukens, to provide all current and future board/commission members with the opportunity to attend diversity training workshops. Motion carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MINUTES September 5, 1995 Page 10 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 Atherton Townhomes Drainage and Olympic Hills Golf Course Drainage,I.C. Nos. 93-5332 and 95-5391 (Resolution 95- in Dietz reviewed the results of the bids received for this project. He said Staff recommends awarding the bid to F. F. Jedlicki, Inc. He said the costs will be funded by the storm water utility fund. MOTION: Pidcock moved, seconded by Tyra-Lukens to adopt Resolution No. 95-167 awarding the contracts for I.C. Nos. 93-5332 and 95-5391 as recommended by the staff. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:55 p.m. eipCITY COUNCIL AGENDA DATE: 9-19-95 =arm SECTION:. CONSENT CALENDAR 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. ) HEATING &VENTILATING Construction 70, Inc. Reiland Heating & Air Conditioning Ohman Corporation SCAVENGER PLUMBING McKinley Sewer Service & Supply, Inc. Cedar Plumbing - Valley-Rich Company, Inc. UTILITY INSTALLER Valley-Rich Company, Inc. • Action/Direction:. • • R 9-19-95 page 1 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-19-9 5 SECTION: 2ND READING ITEM NO. 8 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger AMERICAN LUTHERAN CHURCH 2ND ADDITION Donald R. Uram Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Change from Public/R1-22 to R1-13.5 on 5.49 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Developer's Agreement AMERICAN LUTHERAN CHURCH 2ND 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 Public/R1-22 District and be placed in the R1-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Public/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 September 19, 1995, entered into between Hustad Land Company, 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 21 st day of March, 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 19th day of September, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on AMERICAN LUTHERAN CHURCH 2ND 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 at SW Corner of Bennett Place and Pioneer Trail from Public/R1-22 to R1-13.5 on 5.49 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.) Exhibit A Legal Description Outlot A, American Lutheran Church Addition and Lot 4, Block 1 Eden Prairie Acres DEVELOPER'S AGREEMENT AMERICAN LUTHERAN CHURCH 2ND ADDITION THIS AGREEMENT,made and entered into as of , 1995, by Hustad Land Company, 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 Request for Comprehensive Guide Plan Change from Church to Low Density Residential on 5.49 acres, Rezoning from Public and R1-22 to R1-13.5 on 5.49 acres, and Preliminary Plat of 7.79 acres into 13 lots and 3 outlots situated in Hennepin County, State of Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof,and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. and Resolution No. , Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on March 21, 1995,and dated March 17, 1995, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms,covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. 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. Developer shall revise the grading and utility plans to reflect the extension of the storm sewer along the westerly border of the property to the south lot line of Lot 3 with a catch basin installed to intercept additional storm water runoff. 4. GRADING IN THE WOODED AREAS ON SITE: Prior to the issuance of the land alteration permit and prior to grading within any of the wooded areas on the property, Developer shall submit to the Community and Economic Development Department and receive the City Planner's approval of a plan depicting the construction grading limits on the property. 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. 5. LANDSCAPE PLAN/TREE REPLACEMENT: There are 203 inches of significant trees on the property. Tree loss is calculated at 125 inches. Tree replacement required is 102 inches.Developer agrees to construct,or implement,said landscape improvements as depicted on Exhibit B attached hereto, concurrent with the construction of the first building on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. Developer further agrees that when constructing the NURP pond, all reasonable efforts will be made to save or relocate as many trees as possible to help screen the pond from the adjacent residences. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150% of the cost of said improvements as required by City code. 6. OUTLOT C: Prior to the release of the final plat, the Developer shall provide documentation that Outlot C will be deeded to the owner of Lot 4, Bennett Place Addition. Prior to any the release of any building permit for Lot 4, Bennett Place Addition, the owner of Lot 4 shall provide documentation that Outlot C has been combined with Lot 4. 7. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat, the Developer shall provide an executed Special Assessment Agreement to cover the cost of special assessments currently levied against Property ID: 25-116-22-23-0005 totaling $62,978.99 to be re-assigned to the residential properties within the plat. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-19-95 SECTION: 2ND READING ITEM NO. C DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger KINDERCARE Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.75 acres; • Approve a Resolution for Site Plan Review on 2.75 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Ordinance for Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement Lv' c — I DEVELOPER'S AGREEMENT KINDERCARE THIS AGREEMENT, made and entered into as of September 19, 1995, by Kindercare Learning Centers, Inc., a Delaware Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Amendment within the existing Neighborhood Commercial Zoning District and Site Plan Review for the construction of a 10,000 sq. ft. daycare center, all on 2.74 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. and Resolution No. , Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on August 15, 1995, revised and dated August 7, 1995, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for sanitary sewer, water, interim irrigation systems and storm sewer. Upon approval by the City Engineer, Developer agrees to implement the approved street and utility plans prior to building permit issuance. 4. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation Easement as depicted in Exhibit E for review and approval by the Director of Parks, Recreation and Natural Resources. The location for this easement is shown on the approved plans (Exhibit B). Upon approval by the Director of Parks, Recreation and Natural Resources, Developer shall deliver and record the Conservation Easement in the Hennepin County Recorder's/Registrars Office and shall provide evidence of the recording of Conservation Easement prior to the release of the first building permit. 111 C, - 2. 5. CROSS PARKING AND MAINTENANCE AGREEMENT: Prior to the release of the final plat, Developer shall submit to the City Engineer and receive the City Engineer's approval of cross-parking and maintenance agreement for the Property. Developer shall record said cross-access parking and maintenance agreement in the Hennepin County Recorder's/Registrar's Office and submit evidence of recording to the City prior to the issuance of a building permit. 6. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City Planner, and receive the City Planner's approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Upon approval by the City, Developer agrees to implement the approved exterior materials plan concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. FINAL GRADING AND EROSION CONTROL PLAN: 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. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's approval of a plan for irrigation of the landscaped areas on the Property. Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan concurrent with home construction in accordance with the terms and conditions of Exhibit C, attached hereto. 9. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 10. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to City, and obtained City's approval of a plan for screening of mechanical equipment on the Property in the manner as depicted in Exhibit B, attached hereto. Said mechanical equipment includes the gas meters, electrical conduit, and water meters in addition to standard heating, ventilating, and air conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, per City Code requirements. � C - 3 If, after completion of construction of said mechanical equipment screening, it is determined by City, in its sole discretion, that the constructed screening does not meet the Code requirements to screen said equipment from public streets and differing, adjacent land uses, then City shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to meet Code requirements. Developer acknowledges that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 11. 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 an eight-foot wide bituminous trail to be located on the north side of Anderson Lakes Parkway as depicted in Exhibit B, attached hereto. Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalks and trails, concurrent with street construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. C ' KINDERCARE OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN KINDERCARE, INC. AND '1'iE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 19_, by and between K i n d e r C a r e Learning Centers , Inc . , aD e l a w a r ecorporation, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. -_, amending the zoning of the Property owned by Owner within the Neighborhood Commercial Zoning District, as more fully described in that certain Developer's Agreement entered into as of , 19 , by and between Kindercare, Inc., aD e 1 aw a tGorporation, and City, Owner agrees with City as follows: 1. If Kindercare, Inc., fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the amending of the Property to the Neighborhood Commercial Zoning District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. C ` s KINDERCARE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING 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 zoning of the land be amended within the Neighborhood Commercial Zoning District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the Neighborhood Commercial Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. 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 developed in accordance with plans dated August 11, 1995. 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 15th day of August, 1995, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 19th day of September, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on • KINDERCARE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows the land to be amended within the Neighborhood Commercial Zoning District on 2.75 acres located at Hwy. 169 and Anderson Lakes Parkway; 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.) TT C- - 7 Legal Description Kindercare Exhibit A Lot 2, Block 1, PARKWAY OFFICE CENTER, according to the plat thereof on file or of record in the offie of the Registrar of Titles in and for said County. C- - g KINDERCARE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR KINDERCARE BY KINDERCARE LEARNING CENTERS, INC. WHEREAS, Kindercare Learning Centers, Inc. has applied for Site Plan approval of Kindercare on 2.75 acres for construction of a 10,000 sq. ft. daycare center located at Hwy. 169 and Anderson Lakes Parkway; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 14, 1995, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its August 15, 1995, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Kindercare Learning Centers, Inc. for the construction of a daycare center, based on plans dated August 11, 1995, between Kindercare, and the City of Eden Prairie. ADOPTED by the City Council on September 19, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-19-95 SECTION: 2ND READING ITEM NO. Zr D DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger REGENCY PARC TOWNHOUSES Michael Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt 2nd Reading of an Ordinance for PUD District Review on 7.27 acres and Zoning District Change from I-2 Industrial to RM-2.5 on 7.27 acres; • Approve a Resolution for Site Plan Review on 7.27 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Site Plan Review 3. Developer's Agreement 0 - DEVELOPER'S AGREEMENT REGENCY PARC TOWNHOUSES THIS AGREEMENT, made and entered into as of September 19, 1995, by Regency Townhouses Limited Partnership, 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 Comprehensive Guide Plan Change from Industrial to High Density Residential on 7.27 acres,Planned Unit Development Concept Review on 7.27 acres, Planned Unit Development District Review on 7.27 acres, Zoning District Change from I-2 Park to RM-2.5 on 7.27 acres, Site Plan Review on 7.27 acres, and Preliminary Plat on 7.27 acres into one lot for construction of 86 townhouse units, all on 7.27 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. 31-95-PUD-15-95 and Resolution No. 95-124, 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 June 20, 1995, revised and dated , 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. Upon approval by the City Engineer, Developer agrees to implement the approved street and utility plans prior to building permit issuance. 4. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City Planner, and receive the City Planner's approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. .11L O -- Z Upon approval by the City, Developer agrees to implement the approved exterior materials plan concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 5. 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 plan. Developer agrees to implement the final grading and drainage plan as approved by the City Engineer. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineers approval of an Erosion Control Plan for the Property. Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer shall implement the Erosion Control Plan as 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. 6. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's approval of a plan for irrigation of the landscaped areas on the Property. Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan concurrent with home construction and with the terms and conditions of Exhibit C, attached hereto. 7. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 8. All approvals, including Comprehensive Guide Plan Change from Industrial to High Density Residential on 7.27 acres, PUD District Review on 7.27 acres, PUD Concept Review on 7.27 acres, Zoning District Amendment in the I-2 Park Zoning District on 7.27 acres, Site Plan Review on 7.27 acres and Preliminary Plat of 7.26 acres into 87 lots and the terms and conditions of this agreement shall terminate if Northwestern National Life Insurance Company W-- -3 does not convey the property described in Exhibit A to Regency Townhomes Limited Partnership or its assignee on or before December 31, 1995. 1 kr 3 - M REGENCY PARC TOWNHOUSES OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN REGENCY TOWNHOUSES LIMITED PARTNERSHIP AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of September 19, 1995, by and between Northwestern National Life Insurance Company, a Minnesota corporation, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. 31-95-PUD-15-95, changing the zoning of the Property owned by Owner from the I-2 Park District to the RM-2.5 District, as more fully described in that certain Developer's Agreement entered into as of September 19, 1995, by and between Regency Townhouses Limited Partnership, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Regency Townhouses Limited Partnership, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the I-2 Park District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. D _ � . REGENCY PARC TOWNHOUSES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 31-95-PUD-15-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the I-2 Industrial District and be placed in the Planned Unit Development RM-2.5 District 31-95-PUD-15-95 (hereinafter "PUD- 15-95-RM-2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 19, 1995, entered into between Regency Parc Limited Partnership, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-15-95-RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-15-95-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-95-RM-2.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-15-95-RM-2.5 are justified by the design of the development described therein. D. PUD-15-95-RM-2.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the I-2 Industrial District and shall be included hereafter in the Planned Unit Development PUD-15-95-RM-2.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of June, 1995, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 19th day of September, 1995. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on . -� V p _ 7 REGENCY PARC TOWNHOUSES 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 at City West Parkway from I-2 Industrial to RM-2.5 on 7.27 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.) -TLD - g Regency Parc Townhouses Exhibit A Legal Description: Lot 2, Block 1, City West Acres, According to the plat thereof, and situate in Hennepin County, Minnesota. REGENCY PARC TOWNHOUSES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR REGENCY PARC TOWNHOUSES BY REGENCY PARC LIMITED PARTNERSHIP WHEREAS, Regency Parc Limited Partnership has applied for Site Plan approval of Regency Parc Townhouses on 7.27 acres for construction of a 86 townhouse units located at City West Parkway; and, WHEREAS,the Planning Commission reviewed said application at a public hearing at its June 12, 1995, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its June 20, 1995, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Regency Parc Townhouses for the construction of 86 townhouse units, based on plans dated June 9, 1995, between Regency Parc Townhouses, and the City of Eden Prairie. ADOPTED by the City Council on September 19, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk •1v - )O • DATE: 09/19/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: / SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Regency Townhomes Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Regency Townhome subject to the following conditions: • Satisfaction of bonding requirements for the construction of all public utilities • The requirements as set forth in the Developer's Agreement Background: The Regency Townhomes plat, located along City West Parkway east of Shady Oak Road, consists of 86 townhouse lots, one outlot and easement dedication for public utilities. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement is scheduled for City Council meeting September 19, 1995. JJ:ssa cc: Jack Brandt, Regency Parc Townhomes Ltd Partnership /Y. £. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF REGENCY TOWNHOMES WHEREAS, the plat of Regency Townhomes 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 Regency Townhomes is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 14, 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 September 19, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk /v. �- 2 m W W co N Li- O N 0 ��J- W Cn :.)• N.;' r) - • JS• ;' Ci:�) S.-2' - • `r • �N. N. ,•„ss � .�1„ / •C.,• st it / ♦�. ,..,�, `(1p �� r. .C, ..7' / ,:,........:71,V",, :4114ts • .op •, 4"/ t Ato 'tf 'i ; ' 40titie;' 's , \ ,....,........ 6.1 O �� / 111,... 1�hig4 'ems+. h� ♦�, ♦ 1 I / 4 �.r.� _%' ;s 'yam ' 4` ; gay 1 �1 •. ;, ,�+'"S $ram. / -.pig V. T ' �* ac: °4+".''�' 4:1 ;', ..wy♦ • :.+, ;;j \ r- i/ e� •�' •+a s`S`, •, ♦s �'t',,� t ace, \J t� Of C....) %. 10114\ :1014 % •)10,101,7.,4 10 ,' 4,....a „,,s. t i 0 ♦••;' 4 rjr,. ,,.'er.r s c.`. 0 , 1 14 _ N --�c�■ram o �3blA _" i $ >1> ccce - a3pt g 1pzi OrrQ J1J , i Y. E• 3 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-19-95 SECTION: CONSENT CALENDAR ITEM NO. Zr DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger ANDERSON LAKES COMMERCIAL CENTER 3RD Scott Kipp ADDITION Requested Council Action: The Proponent requests that the Council take the following action: • Approval of a formal withdrawal of Anderson Lakes Commercial Center 3rd Addition by 169 Anderson Lakes Corporation for PUD Concept Amendment on 17 acres, PUD District Review on 12.4 acres and Preliminary Plat of 12.4 acres into 3 outlots and road right-of-way. Background: This item was recommended for approval by the Planning Commission on June 12, 1995 and approved at a first reading of the City Council on July 11, 1995. Since that time, the proponents have decided to withdraw the request and reapply at a later date with a revised preliminary platting request only. This requested action is due to one of the property owners not wanting to participate in the platting of the property. Supporting Reports: 1. Letter August 9, 1995 Honorable Mayor and City Council of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Anderson Lakes Commercial Center 3rd Addition 169 Anderson Lakes Corporation hereby respectfully requests the withdrawal of the request for PUD Concept Amendment, PUD District Review and Preliminary Plat. 169 Anderson Lakes is by a new application making a request for Preliminary plat of 11.3 acres. Sincerely, 169 Anderson Lakes Corporation q9�� by its EDEN PRAIRIE CITY COUNCIL AGENDA DATE: Sept. 19/95 SECTION: Consent Calendar ITEM NO.Jr, DEPARTMENT: Parks, ITEM DESCRIPTION: Riley Lake Landscape Improvements Recreation and Facilit' Stuart A. Foxy Last year, Riley Lake Park was graded and seeded and this fall the staff sent our proposal forms to landscape contractors for bids to complete the landscaping. There were three bidders on the plans and specifications as prepared by the City Forester. A summary of the quotes is as follows: • Fairs Nursery $29,670.00 • MN Valley Landscape, Inc. $34,880.00 • Arteka/Natural Green Corp. $33,199.99 RECOMMENDATION: The staff would recommend the City Council award the landscape improvement project to Fairs Nursery for $29,670. The payment for this improvement will come out of the balance remaining from the referendum monies for Riley Lake Park. SAF:mdd Riley.bid/Stuart 1 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: Sept. 5/95 SECTION: Consent Calendar ITEM NO. IV. f DEPARTMENT: Parks, ITEM DESCRIPTION: J. R. Cummins Farmhouse Restoration Projects Recreation a4 i ties John Gertz/ BACKGROUND: In 1994 several important improvements were undertaken to restore the J. R. Cummins farmhouse. Most important was the completion of foundation stabilization, a major step made possible with a $5,000 Emergency Statewide Capital Grant-in-Aid from the Minnesota Historical Society (MHS). The foundation repair was completed in the fall of 1994 and subsequent restoration projects for 1995 are now ready to be completed. The following work projects were reviewed and approved by Charles Nelson, MHS Historical Architect, for compliance with the Secretary of the Interior's Standards for Historic Preservation Projects. This was necessary because the J. R. Cummins farmhouse is listed on the National Register of Historic Places. The approved restoration plans were prepared for the City in December 1995 by the architectural firm MacDonald and Mack Partnership of Minneapolis. They specialize in architectural restoration. The City's Historic Sites Committee and Heritage Preservation Commission (HPC) have carefully selected the current projects based on need to repair or replace dilapidated features, and to begin the next phase in restoring the exterior of the house as recommended by the architect. Bids for the restoration projects were reviewed by the HPC and the following projects recommended for completion in 1995: South Porch $11,787.00 The existing porch is in very dilapidated condition and is not the original porch. East Porch $4,682.00 Original porch demolished. Second porch removed in the 1980's to prepare for current porch restoration. This porch is necessary to protect the east door, which has now been exposed to the elements for nearly ten years. Cellar Door $840.00 In 1994 the extremely dilapidated masonry cellar walls were reconstructed as part of the MHS grant. It is now necessary to complete this project with the reconstruction of a wooden bulkhead door. 1 Milk House $2,837.00 This associated building is proposed for repair so that it may become a useful building for storage and events. The current condition makes it unattractive and completely useless. There is a great need for storage at the site. Total Projects $20,146.00 Not Recommended for 1995: North Porch $3,320.00 This porch will be needed but is not a current priority. West Porch $4,405.00 This porch is currently stable. Only rehabilitation will be needed along with new wooden shingles. Gutters $3,520.00 Gutters are important. They are not currently being recommended because of the need to bring under control the rodent problem. Squirrels have damaged eaves and until the pest problem is resolved and damage repaired, the gutters should not be installed. REQUEST: City staff request that the City Council authorize the completion of these projects as recommended by the Heritage Preservation Commission. Funding for these undertakings is available from the following sources: Balance Heritage Preservation 823-4383 Building Improvements $10,000 This line item was approved for the 1995 budget specifically to complete projects at the J. R. Cummins farmhouse. Fund 89 - Cummins-Grill Prints $10,205 Cummins-Grill print sales revenue is earmarked for the restoration and preservation of the Cummins- Grill house. Sept19.memo 2 ❑• 1 a MA o ❑rU� -5 �f] _ Qla J J BUILDERS (474-4193) 6065 EUREKA ROAD,SHOREWOOD,MN 55331 8/28/95 CUMMINS/GRILL PROPOSAL It is our pleasure in submitting to you our proposal for the restoration of the Cummins/Grill Homestead, located at 13600 Pioneer Trail, Eden Prairie, MN . The basis for this bid are from the plans given to me on 8-3- 95 and conversations with John Gerts at the Site. SEPARATE PRICING South Porch $ 11 ,787.00 Tear out existing porch, Replace as per Plan, does not include deck material and labor East Porch $ 4,682.00 Build porch as per Plan, does not include deck material and labor North Porch $ 3,320.00 Build porch as per Plan, deck/footings in place West Porch $4,405.00 Tear out /Rplace posts, roof, portion of slab Cellar Door $840.00 Build as per Plan Gutters, 4 Down Spouts/Repairs $3,520.00 As per Plan Milk House Repairs $2,837.00 Tear out/Replace roof and roof deck/rafters as needed, repair windows, install door supplied by owners NOT INCLUDED IN SEPARATE PRICING Electrical Fixtures, Finish Grading and Landscaping TERMS 20%at signing of this proposal, Percentage of completion on 3rd day after each Council Meeting. INSURANCE: LIABILITY& P1 $500,000 ea / $1,000,000 agg BI $500,000 agg Worker's c mpensation as required by law. DATE ACCEPTED DATE 19//25/1 yyb 18:45 b.1.124.i4ubi/ tfUYtK rHl.ri I,ur'i I 1IN ri-vac r�i U PROPOSAL FROM: —Rid 136144 ilik. + /Aid . 33403 1 um,. to Al.g,, PACE NO. 1 .OF PAGES DATE , �Iy/}�� 55O) I , \____r)--.2"5# PROPOSAL SUBMITTED TO: ee alai iue.pi Piwt e_1,444,wii,putt. A ADDRESS L34Do ?La4 2'/ CITY/ TE/ZIP PHONE i0We hereby submit specifications and estimates for: 1/4 A. i1 e- . 7. AD. A04 AttilitAe aftJ . 1. ka 44tL AJ 4 Leo$ 1.eA.AN5 2.0 satilti5 J 1 xg e� i, 15 ;�+' 1 , a PQ ,� �' ` telvIlAkallm 3. fu A 3 wi s,06-weaS ntilkara m wb Nc►tea debit AO 441tti ae vviette.44,ev4•4 . 9. ii:pmfrjs AM,L,t) Apirl oteni +turret ei.m/ MAW/ . �� p 5. yowl .nn.e,a Co 34" �'1l,tt1� ijk watt . e. 1 (} We hereby sum of furnish labor and materials-complete in accordance with the above specifications, for the su of `1�o 4AP t 4aM t OkaAL _ dollars 0 '7 / , ) with payment to be made as follows. ' a7 a All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from aixlve specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. This proposal subject to acceptance within_ IQ days and is void thereafter at the option of the und d Authorized Signature_ 4to I P AC:c'rPTANCI_ Of MOPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. ACCEPTED: Signature Date signature 1P E-Z CONTRACTORS FORMS FORM NO,EZ 120 . _1 --- bUYLK r-Lt1 LUIN I 11V1, r-uL uL Id//25/1985 18:45 812484853 ., PROPOSAL FROM: ♦ 1 PAGE NO. Z _ OF 4 PAGES DATE ♦ _ — . ♦ _1 PROPOSAL SUBMITTED TO: r • ,Io13r`w 4E ADDRESS CITY/STATE/ZIP CPHONE oWe hesubmit specifications and estimates for: metar i P INtAiNg. 0—AAP/Id Autitatt itfig a 401 AI 441/ leJ16.4e4111, w p Z. ANAL Z 16 A'vUla.wa' pea 1. c. J4„..)." pa." t 'H i"r,.` ti +Ao e . I r reby�� Ira= furnish labor and materials-complete in accordance with the above specifications,for the sum of, _dollars is A3Ra ) with payment to be made as follows. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents,or delays beyond our control. This proposal subject to acceptance within /G _days and is void thereafter at the option of the undersign Authorized Signature. � lo+ D' hAS, ♦ / ACCEP IANCF OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. ACCEPTED: Signature` Date Signature l`e-Z CONTRACTORS FORMS FORM NO F7 on ._.5 b//'L5/1 ib:4ti bL,4.i4♦7b.i/ ISUYLK rAK,11 WNW 1I' , rHUG Ol • PROPOSAL FROM; _,�+► . —,.,..�. .. r -...-, *--h PAGE NO. ,3 _- .OF PAGES DATE PROPOSAL SUBMITTED TO: _ / •N JOB NAME 1 ADDRESS J CITY/STATE/Z1p PHONE 1 i ommE• onnemir ',ow ~ I We hereby submit f••ecifications and estimates for: z CIA L, LOA 44essi oa 4Ld , " lau 3. . 1e a�► -Pool — &ca, 2xaroPawk;syx— � v 4. -7, aivi P410.11/1"5 .M Q4,� Jl dl1 e A , 2S/c L. — x yx 6 .b�dJ�t QM) 0fA /1 141 1- C�4/4 4p, /t/ t1 1 Ai jell 4. c 41046 4, £-xs I,..1) L. Q?GAO eilzmitil to ate osuo 44 r b 7. N i..) vcinjt l -,vv•zota, oat $, hAblitiot valtr4M& ciAam,415biped) Wfe ereby propose1 to rash labor and materiata-complete in accordance with the above specifications,for the sum of P'l1�1�Xvul�i�.� dollars 1_141760 ) with payment to he made as follows. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. This proposal subject to acceptance within !b days and is void thereafter at the option of the undersigned. �j Authorized Signature_ }tl� Odd ACCI PiANC1 OF PI:CWOSAI. The ahn„a nruroc ....o..1r1.....1....- ......:.• - • PROPOSAL FROM: _ ._ �T r , . rt-1 JM. - . _ �...+.- .-. - .Via- ii-- -N 11 PAGE NO. 14 OF 6 _RAGES DATE • Y. .1 _ J PROPOSAL SUBMITTED TO: rJOB NAME ~ ADDRESS 1 CITY/STATE/ZIP ♦ ♦ - PHONE A. J We re - ,by sub 't specifications and estimates for. fP : I I. i�Attu) 1, . z i io d [ J '"1 xT 4'!• � . `'`9 z ' ► .) , in , 1 MCC C " " AAA d ,) 3. fa,mt 00.4.4) "eae 74/0 ^4444- u. . ,,zi Gay in/LQ. .,~ lit A 9 • 6.. Av va a fo 4'a.•w pb. S. We he ., 'rot • to furnish labor and materials -complete in accordance with the above specifications, for the gum of 1� _ tfAt �. N dollars ($ p� QJ. )with payment to be made*"Orlk w All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents,or delays beyond our control. This proposal subject to acceptant within `a days and is void thereafter at the option of the undersigned.ndAuthorized Signature l"/L a...r/� !4 tEtAi SETEMEEMIMMIll The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. ACCEPTED: Signature _.._.. . . . _ _ [late Signature r E-Z CONTMCTmR9 FORMS FORM NO El t20 _. 7 _- b//1b/1 iJt 18:48 b124.34bbi/ bUYUK I-'HLh LUNS i 1NU rHut rat PROPOSAL FMB r � PAGE NO. OF 4 PAGES 'DATE I PROPOSAL SUBMITTED TO: JOB NAME ADDRESS CITY/STATE/ZIP 'PHONE 1 J We hereby submit specifications and estimates for W gal pittel _ n ut t 110414.1 -Multi' .2A4S. awl1,4, I hoot 011) a4-leija4A14.4.04,., s. - .I.A 4#66;veib 41,t1 watt AmS cosien4,41 _ _ _ We hereby propose to furnish labor and materials-complete in accordance with the above specifications, for the sum of A1�L 1/1 f dollars ($1300 ) with payment to be made as follows. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will berme an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. This proposal subject to acceptance within 't Q days and is void thereafter at the option of t�he�und ignedAuthorized Signature Y 1 tl=�1a/� / '1111L ACCEr 1ANCE OF PROF-bOSAl The above prices,specifications and conditions are hereby accepted. You are authorized to do the work ass specified. Payments will be made as outlined above. ACCEPTED: Signature torte .-- Signature �— • ki//25/1'J b 18:48 b1 L4J4bbJ/ bUYtK I 11..41 PROPOSAL FROM: • PAGE NO. OF .PAGES DATE PROPOSAL SUBMITTED TO: 6013 NAME ADDRESS CITWSTATE/ZIP 'PHONE MOND rWe hereby submit specifications and estimates for: 13aThiAl 1)0011 i. ,A &tat m O It04eufv, th 4)4 +�y Ceyt ` ramJA . We,f sere propose to furnish labor and materials-complete in accordance with the above spedfications,for the sum6.4)1. o[� dollars ($ 235. )with payment to he made as follows. All material is guaranteed to he as specified.All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. This proposal subject to acceptance within _ )6 days and is void thereafter at the option of the undersigned. J>ttZ Authorized Signature % te.L 1. ()': ACCEPTANCE OF i'l:OPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above ACCEPTED: Signature Date Signature_ - r 1 IYVI'P srrr.n..r/Y)YV runt•111 c7•ten DATE: 09/19/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: /1 6 1 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of American Lutheran Church 2nd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of American Lutheran Church 2nd Addition subject to the following conditions: • Receipt of engineering fee in the amount of $520 • Receipt of street lighting fee in the amount of $2,086 • Receipt of street sign fee in the amount of $350 • Satisfaction of bonding requirements for the installation of public streets and utilities • The requirements as set forth in the Developer's Agreement Background: Hustad Development Company is requesting City Council approval of the final plat of American Lutheran Church 2nd Addition. Located at the southeast corner of Bennett Place and Pioneer Trail, the plat consists of 13 single family lots, two outlots and right-of-way dedication for street purposes. Outlot A will be conveyed to the City as a storm water treatment pond. Outlot B will be conveyed to the church to the east for a possible future parking lot expansion. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement is scheduled for execution at the September 19, 1995 City Council meeting. JJ:ssa cc: Beth Simonstad, Hustad Development Company iv.1. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF AMERICAN LUTHERAN CHURCH 2ND ADDITION WHEREAS, the plat of American Lutheran Church 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for American Lutheran Church 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 14, 1995, 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 September 19, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk iv. r. 2 AMER I CAN LUTHERAN CHURCH 2ND ADDITION R•T. DOC. NO. C.R. DOC. NO. Ix- 1 I i HILLS 1. FIFTH ' 'i TIQ7! i S'Iy RIM line or N.C.S A.N. L No. I,Met 6 per Doc.Ib. _____ 973e64-- —--• —� 5By10'S5.1139.5a n h \ -- /6.5 'PIONEER TRAIL^ "540•�31•M l7.on m n,dt• \\ 13.5+ •- IM.ed - SB3•e0'S5'1 II739 r \\ „eJ.l M Not Toone.... a5.,e s2.2d N,• \ , W by \ b I D.oci---- %Id; \ �� 3 \ '' LP.;e. djt'/J''''.:-^1 5,I \\� 8 a SF d''S j f \ • :[ t.ti� OUTLOT A tP / I 7 '.•....\ \ Ra \,/ ,^ \\ /. = t; S/�� as \ \\ ��;, 4�/ / 72 m \ .`� -,� / o- ,. 6/ /cM o/ice\ 7•`' .L„Z b r•Ip. <� s� i$ .._ R t4= �/�bt�.ot 9 �: -.. ..,k,.-` \\ / ��.�..�7^ ---J z ,f .tM • L•tJs,~ �ti0 4 ,4o� ,740... q,r \� .."^`^,.' - m I `4,- \,. •Zi;50o4%\\sue `^ °/,„,0 \ .4 . r�;;GAIDn. I � swsili1•N A7' `�nb' ' .4.(f'\ 15 / N ''',: �1)11i Ir r....., I I e•1Y61 03`'it" < 40.aD '� NyF 1d \ •. 5aI \ `'r / \ -----� 6.5 _ ,.. 9 1 6 5601 \ I s \ ^' , \ IL.5 '.'I I 13 31.'. �o I �q I io i \ '^ S SS. \ r' •i'`r,..,L--- 529.02'2r4 ♦-.. .r IR 3Po 3p •2rs < t0 \\ - •JS'$'ir \ 1N1'12 M n \ t.� -E uu /xzoM "1i'� \ iC I NMB'11'10 4 136.11 t00 1r1 )l.� ;� eN+ 1,• \ r 95 \m1 ..1Y 2b l' �\f Ilya: N97'20'II'[--ABB.IB CC L mem 26'30' 1 159.55 1i''iu f- _ : BLOCK aitsw•—:: \ - ':;1.31.32 A° y -----1 UJ t_ [/ l Our' 177.45O �``/• I.M.70 t t ^7 Nair u2r1 •O et 16 4 e•I t, i _Do 60 0 60 120 f 00 W - Im m•I - r 164.71 / >n m -- I ser 17'7PUTrY. RI • '. -I A. L p ,�o~ f2 ;Igo SCALE IN FEET -' I for 151.33 0 Q m l,n ml R .1. e 'I,/ "'-I m Z' 1-a MBa•1r Pet Poe O I e I >yl •Denotes Iron Monument ''. m L Mr I7'21•M J IPC. el . �'. b I .^ 13 I Bearings shown are assumed. Cte a Y lol 146.2e I s le- --_P' I I ml a I:Q z I� ry^I I"' L161.M 2 "o, 1.- W'ar N ----_, I. •I eTS n': r: 0 11SF. fir eLlennl on B1 the N IP -'I y URAINAUF AND U7 IL 11Y EASEMENTS Ilne ee enelo Block 1. 1 1.31.32 tiljte) $ AR[SNOMN THUS. :57i':I "" e1Ne110.ATT 40311I0N-..tot_ 5Br 17'24011/.BD� -so - _-'"e•ria32• . ( ----- R•e2.e.W r -----7 N unB of lot l ,a.eo - 1 1 ~5 r- I Lo a00 =1 c r- I 1 5-+1 G: "1 IV I - = I-. BP ir WI 1 1 et Cr3 I 4 BBbStN �iasa OUTLOT C \1, .L 15.0 YJSo.ao 220.9 --T inlnplalinesnlesotner- eo L 199.01 ...-'' WIG snoMn and 10 feat in width :C Y- S.N.tor.o,Outlet A r: --Ner 0'2/•E 419.95--- ,3 and 0Bl otherwlning se sh or may linos - J.I.N.Not nova /.00 " un1Ue otherwise snONn on the plat. BLOSSOM 0 AM.; l- n1,L„, ,lily I E LJ I SSuM _ I BL—C „IJM R i DGE .. I I Vi ti7 . r'i i7:, r ,r. , I :.I t , wa Ll r 1 I L i :is'.liir L: x W Planning Engineering Surveying DATE: 09/19/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: /y, SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Hawthorne of Eden Prairie 5th Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Hawthorne of Eden Prairie 5th Addition subject to the following conditions: • Receipt of engineering fee in the amount of $760 • Receipt of street lighting fee in the amount of $2,299 • Receipt of street sign fee in the amount of$350 • The requirements of the Developer's Agreement • Satisfaction of bonding requirements for the installation of all public streets and utilities Overview: City Council approved the preliminary plat June 1, 1993. The Developer's Agreement and Second Reading of the Zoning Ordinance was completed July 20, 1993. Centex Real Estate Corporation is requesting Council approval of an additional phase of Centex Deerfield PUD, consisting of 19 single family lots and right-of-way dedication for street purposes. JJ:ssa cc: Ryan Gideon, Centex Corporation Dwight Jelle, Westwood Professional Services, Inc. • v. J, l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HAWTHORNE OF EDEN PRAIRIE 5TH ADDITION WHEREAS, the plat of Hawthorne of Eden Prairie 5th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Hawthorne of Eden Prairie 5th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 14, 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 September 19, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk IU- J, 2 vb C,N[G N,.. .., .. 0 _ ( r war , -� \ \ \\ I 1 \ 2 tJ \ \ H ' �. ; % \ e" 1 1 \\\\ 7; ',( 44, ..'• \\/ il lillivi .i_ .,xEN - �JI. '� O ---- ;I.. • 1 •' i O Oale b er? ;`• .R.. 1•.. ./.�� .!E' 1 ass.--- r•.. 1 yq^! Yf• I b `.'; I ' g" 1 I; uIXofv' n h ____3_ --__� I O 1 I) 141 I 1, al b ,, celTikci r----.7.m.-w..--_71 -:.a-----y-:_ i\c\ _ to:., Q` d r _ \ J 1 w u• ,;� ,• 1.Z I \ r,r h 1 1 r •.eo.,x.w3- c I 1 1 °Ie q r rv..rv, ...;1 lY3 :1. 1 ., 1 e M p nr "J , r a. �M1 > i5 _ _ _ •_. I /�� W.1 N o15 _ a'' -� .m W 1, olg 1 ru,e.Ill=• -' 1,1 ^S 1nip II m 3 o.�r+�• Hpg90 n T `• `U` all 11p �;\a \^� r`,\� • e�B I, \ M ~ II1 Q i \' 10. 12"E o L- - q9° \o t0,,,2 .W N12a02'26 .,' \ ' • • . j I. j I ..... / EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-19-95 SECTION: CONSENT CALENDAR ITEM NO. IV.K DEPARTMENT: ITEM DESCRIPTION: Public Works A 1995 ASSESSMENT ROLES/PUBLIC HEARING Eugene A. Diet Requested Action: Adopt Resolution declaring costs to be assessed, ordering preparation of 1995 assessment rolls and setting a public hearing date for October 17, 1995. Background: This Resolution is the second to last step in the special assessment process prescribed by Minnesota Statute 429. Final costs of the improvement projects are known and the staff will send written notice to affected property owners, which will specify the amount to be assessed, the date of hearing and their rights and process to object to the amount. The final step in the process will be to hold the hearing, review information from staff and property owners and levy an amount for collection with property taxes. Financial Considerations: Exhibit A to the Resolution indicates the total cost of improvements, the amount to be assessed and the amount of City funds for each improvement contract(I.C.). The specific source of funds for each project will be reviewed in detail at the public hearing. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 1995 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project cost, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The cost of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in the office of the Deputy Clerk for public inspection. 3. A hearing shall be held on the 17th day of October, 1995 in the Eden Prairie City Hall, 8080 Mitchell Road, at 7:30 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. He shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 19, 1995. Jean L. Harris, Mayor ATTEST SEAL John D. Frane, Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-19-95 SECTION: PUBLIC HEARINGS ITEM NO. V. A DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger ABRA AUTO BODY Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Rezoning from I-2 to Community Commercial on 1.1 acre; • Adopt a Resolution for Preliminary Plat of 2.36 acres into 2 lots, and road right-of-way; • Adopt a Resolution for Comprehensive Guide Plan Change from Industrial to Community Commercial on 1.1 acre. Background: The Planning Commission unanimously recommended approval of the request at their August 28, 1995 meeting according to the Staff Report dated August 25, 1995. The plans have been revised to incorporate screening of the parking lot along the north property line as recommended in the report. A neighborhood meeting was held on August 17, 1995. Two residents attended the meeting and indicated that they were supportive of the proposal. The proponents are still working with the adjoining property owner to obtain utility easements so sanitary sewer can serve the site. This will need to be resolved prior to approval of the Developer's Agreement. Supporting Reports: 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for Preliminary Plat 3. Minutes dated August 28, 1995 4. Staff Report dated August 25, 1995 5. Correspondence v, A ABRA AUTO BODY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF ABRA AUTO BODY FOR ABRA AUTO BODY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Abra Auto Body for Abra Auto Body dated September 13, 1995, consisting of 2.36 acres into 2 lots and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 19th day of September, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk V. A . - 2- ABRA AUTO BODY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Abra Auto Body by Abra Auto Body for construction of an 8,760 sq. ft. building, requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 1.1 acre from Industrial to Community Commercial all located at the Northeast corner of Hwy. 169 and Aztec Drive. ADOPTED by the City Council of the City of Eden Prairie this 19th day of September, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk V. A . - 3 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION August 28, 1995 IV. PUBLIC HEARINGS A. ABRA AUTO BODY by Abra Auto Body. Request for Comprehensive Guide Plan Change from Industrial to Community Commercial on 1.1 acre, Rezoning from 1-2 to Community Commercial on 1.1 acre, Site Plan review on 1.1 acre, Preliminary Plat of 2.36 acres into two lots and road right-of-way. Location: Northeast corner of Hwy. 169 and Aztec Drive. Alan Stowe, developer, reviewed his development proposal with the Planning Commission. The proposal is to build a new Abra Auto Body across the street from where they currently lease space from Modem Tire Company. The building will be approximately 8,760 square feet, which is typical of an Abra Auto Body facility. It will be an all brick building. 1 V. A. - y • The property is approximately 1.1 acres. It is the westerly parcel of a two lot platting request. The construction of Aztec Drive disected the underlying parcel into two lots. Kardell was concerned about the trash receptacles. She wanted to know if it was sufficient enough and would be completely enclosed. Stowe showed her on the map the location of the dumpsters, and noted that they will be completely enclosed with a roof. It will be large enough to handle three separate dumpsters. Kipp reviewed the Staff Report with the Planning Commission. He noted that the main issue is whether or not to change the Guide Plan to Community Commercial. After reviewing the site and the surrounding land use, Staff feels that Community Commercial is the appropriate use for the site. The site is adjacent to Highway 169. As a Community Commercial use, the area will have a better architectural design, and the site will provide for a more desirable land use in the future should Abra Auto Body sell the site in the future. Community Commercial land use is more appropriate than Industrial adjacent to residential. It will allow the application of the higher building material standards, including 75% facebrick and glass. The Staff Report's recommendation is to add landscape screening on the north side of the building to block the view of the parking. Staff recommends approval of this proposal. Ismail was concerned about what their previous site would be used for. Kipp indicated that Abra Auto Body has been leasing from the Modern Tire facility, and Modern Tire will remain there. Wissner indicated that she supports the project. Kipp noted that a neighborhood meeting was held on the property, and two residents did attend and felt that a commercial land use would be more appropriate. MOTION 1: Wissner moved, seconded by Foote to close the public hearing. Motion carried 6-0-0. MOTION 2: Wissner moved, seconded by Foote to recommend to the City Council approval of the request of Abra Auto Body for Comprehensive Guide Plan Change from Industrial to Community Commercial on 1.1 acres, Rezoning from I-2 to Community Commercial on 1.1 acres, Site Plan Review on 1.1 acres, and Preliminary Plat of 2.36 acres into two lots and road right-of-way based on plans dated August 1, 1995, and subject to the recommendations of the Staff Report dated August 25, 1995. Motion carried 6-0-0. 2 V. A , - s STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Planner THROUGH: Michael D. Franzen, City Planner DATE: August 25, 1995 SUBJECT: Abra Auto Body APPLICANT: Barclay, Ltd. Development and Construction, Inc. LOCATION: Northeast corner of Highway 169 and Aztec Drive REQUEST: 1. Comprehensive Guide Plan Change from Industrial to Community Commercial on 1.1 acres. 2. Zoning District Change from I-2 to C-Com on 1.1 acres. 3. Site Plan Review on 1.1 acres. 4. Preliminary Plat of 2.36 acres into 2 lots and road right of way. V. A . - ' / l / - VICINITY MAP V jo' v P .:.::i::..:::-.'-:.::::.M2:::::::i:::::1::Ii.Miiii:.taiiii:iii:.::.:?;;M:.:i::::::::Waiiiim.:::::::f...:ig:i..:g.:i.,e RM - r c r.i:lF' G -• B 25 P U R �' r C ■ • � L - :'? i•;;:j{?yf•:',, .i >;,� vL}:v. • ti D0 x. k r Al --- -r `'> `f>:':>'v' • ` r < ^: RM-2.5 : ♦ ` ,;.., ,,7 e .I....11 ROAD _ ..,Pro. art., LIN R1. 1111 pal f(iv\ • 7 i.: •• I 1 AlliniPinin Ja lir eidr. • qi, 711f1W011t oitiNtlp fietP ; a 1St IVIratajati 1." T.6: r -, 4 . al 111 4,1k1.\,(:..`_% .,'3•15144. 3-,.. ri.crk.A*,41-# ,g.,..4. •,4....- . ...T.a.5 .... • e•• . itsj.-44PrMill li, 'TES 1#ti- Vialliirr:4""9.. � 'Earl . A �+ 0. 'ri :,,,,, :' ••: ROAD - ip t ,•• '.. 4'' ` soils' �,41 TA RM. ill.: _ girl Y ��%' PW!A11 .. •'. • 'd , ,filigin I,� II 1 1aii®!�, _ - •J �� DARN l BOA' .�� • b$ .'� -- SITE 'K r' at • irp ,3 i;, ty ,;,gfi a • i,r : �; r . :.,, 4. ,t ,fir' ^':lf ...;{ ** ,• s;::*: R 1-1: ';' ' •S�t { sii _ iribN111111.E Nl it fi$. ` 'io`; w, %. ' i:. . ig p„,0:-.iisremo.?;v:.:--.4 ....:?..i?eo• 9 iiii i . ... .,.::,...,..,,,,....; ,_ . " ,i Tit la is f "-^ iY'd'2.•%•. :t 'xx L , Mimi V. � "-* ;xf:':V ti r y 4K$.:ee a.. ii_• ..• •••• r-%1 1 r-• . :,::. - i u .mot ::..... - .... g i ..:�-. .... i ..` ...: V. A . - 7 Staff Report Abra Auto Body August 25, 1995 BACKGROUND The Comprehensive Guide Plan depicts this site for Industrial land use. The property is zoned I-2 and was the site for the Energy Systems building which was demolished in the mid 1980's. Surrounding land uses consist of Modern Tire to the south zoned I-2, the Anderson Lakes Commercial Center to the north guided for Neighborhood Commercial uses, low density residential guided land use to the east, and the Douglas property to the west, across Highway 169 guided for office and multifamily residential uses. Aztec Drive is constructed through the property and connects with Highway 169. COMPREHENSIVE GUIDE PLAN CHANGE The property is currently guided Industrial. The request is to change the Guide Plan to Community Commercial for the Abra Auto Body site. Abra Auto Body is a destination use and draws customers from the entire community. It is an auto related use that can be located in commercial or industrial guided areas since it is service, rather than sales. Abra Auto Body is currently located in the Modern Tire building which is guided and zoned Industrial. A Community Commercial land use is better than Industrial for the following reasons: 1. Community Commercial land use is a more appropriate use along a busy highway where uses will be highly visible. 2. Community Commercial land use will provide for more desirable land uses in the future should Abra Auto Body sell the property. 3. Community Commercial land use is a more appropriate than Industrial adjacent to residential developments. 4. Community Commercial land use will allow the application of the higher building material standards, including 75% facebrick and glass. The other lot indicated in the platting request will remain an Industrial land use at this time until site specific plans are submitted for a rezoning request. It is anticipated that this other lot will be a commercial land use, either as a single site or combined with the other commercially guided property to the north. 2 V. A. - 8 Staff Report Abra Auto Body August 25, 1995 SITE PLAN/PRELIMINARY PLAT The 8,760 sq. ft. building will be constructed on a 1.1 acre site yielding a Base Area Ratio/Floor Area Ratio of 18%. Code would allow up to a 20% coverage. City Code requires that auto service uses provide at least 10 parkings stalls together with one additional parking stall for every service bay in the building. This would equal a total of 15 parking stalls. Based on Abra Auto Body's parking demand for their metro area locations, a total of 36 spaces is necessary. The site plan depicts a total of 46 parking stalls provided. The City must also consider the long term use of the property for general retail use under 10,000 sq. ft. where a parking requirement of 8 spaces per 1,000 sq. ft. applies. The site is not physically capable of supporting this amount of parking. However, the amount of parking available on site, in conjunction with the commercial market, will dictate the types of uses that work with the amount of parking. The preliminary plat indicates the subdivision of the 2.36 acre parcel into 2 lots and road right of way. The minimum lot size in the C-Corn zoning district is 5 acres. The minimum lot dimensions in this zoning district are 300 feet by 300 feet. The proposed lot sizes are 1.1 acres and 0.94 acres, with lot dimensions of approximately 258 feet by 250 feet, and 215 feet by 200 feet, respectively. Variances from the Board of Appeals and Adjustments will be necessary. The variances may have merit since the existing location of Aztec Drive creates the lot size and dimension hardship. If the property were developed under the current I-2 zoning district, variances for lot size and dimension would still be necessary. GRADING AND DRAINAGE This site is relatively flat and lies at an elevation six feet lower than Highway 169. There is one significant 12 inch ash tree on site which will be removed as part of the development. The landscaping plan incorporates the replacement of this caliper inch loss. Grading will only take place on the Abra Auto Body site at this time and will include construction of a small berm along Highway 169. Drainage is directed to an existing pond to the north. An existing sump manhole will be used to remove sediments prior to discharge into the pond. Water from this pond flows southeasterly to a wetland adjacent to Homeward Hills Road. When the property to the east develops, NURP ponds will be built to treat run-off from the Abra site and surrounding watershed. The Engineering Division has reviewed the drainage plan and recommends that a cash contribution be made to the storm water utility fund toward this future ponding. 3 Staff Report Abra Auto Body August 25, 1995 UTILITIES City sewer and water is available to the site. Water service will come from a line along Highway 169. Sanitary sewer is proposed to connect to a stub located along the east property line of the Anderson Lakes Commercial Center. This off-site connection will require easements from the commercial center owner and the property owner to the east. This easement process is currently underway. An alternate sanitary sewer connection is available from a line located to the north in Aztec Drive. As part of the extension of the sewer to this site, the proponent shall provide a T connection stub on the line within the Aztec Drive right of way. This stub will allow for the availability of sanitary sewer for the Modern Tire site when necessary. ARCHITECTURE The building uses a number of overhead service doors on three sides of the structure, with the majority of the doors located along the south elevation. Building materials for the property consist of 82% facebrick and glass, and 18% metal facia meeting the material standards requirement of the code. All proposed rooftop mechanical equipment will be screened with the use of metal panel screens. LIGHTING Lighting will consist of both pole and wall mounted fixtures. All lighting shall be required to use downcast cut-off type fixtures. LANDSCAPING The landscaping requirements include a caliper inch requirement, tree replacement requirement, and screening of the overhead service doors. These requirements have been met. Overhead doors are part of a loading area which need to be screened. The standard used on these auto related uses is to block 75% of the view. The best solution is a berm, but since the site is at a lower elevation from the roadway, the berm cannot be constructed high enough. Evergreen tree groupings have been proposed to block the significant views to the overhead doors. This solution is acceptable to Staff. Parking areas are screened except along the north property line. There is a strip of property adjacent to this lot line owned by MnDOT that will not be developed which will leave the parking visible from Highway 169. Therefore, the landscaping plan needs to be revised to add additional plant material to meet the screening requirement. • v. A. - �a Staff Report Abra Auto Body August 25, 1995 All landscaped areas are proposed to be irrigated. RECOMMENDATIONS The Community Development Staff presents the following alternative courses of action for Commission consideration. If the Planning Commission believes that a Guide Plan Change to Community Commercial has been substantiated and is the best use of the property, then one option would be to recommend approval of the Guide Plan Change from Industrial to Community Commecial on 1.1 acres, Zoning District Change from I-2 to C-Corn on 1.1 acres with variances to be reviewed by the Board of Appeals, Site Plan Review on 1.1 acres, and Preliminary Plat of 2.36 acres into 2 lots and road right of way based on plans dated August 1, 1995, this Staff Report, and the following: 1. Prior to City Council review, the proponent shall revise the landscape plan to screen the parking along the north property line. 2. Prior to 2nd Reading by the City Council, the proponent shall receive variances from the Board of Appeals for C-Corn district lot size and dimension requirements. 3. Prior to Final Plat approval, the proponent shall: A. Submit detailed storm water run-off, utility, and erosion control plans for review and approval by the City Engineer, including the addition of a sanitary sewer T connection stub for a future connection of the property to the south. B. Submit detailed storm water run-off and erosion control plans for review and approval by the Watershed District. C. Provide evidence of acquired utility easements for the extension of sanitary sewer to the property. 4. Concurrent with the release of the Final Plat, the proponent shall file with Hennepin County, the easements required for the extension of the sanitary sewer to the property and provide proof of filing to the City. 5 U. A . - 11 Staff Report Abra Auto Body August 25, 1995 5. Prior to building permit issuance, the proponent shall: A. Submit building material samples and colors for review and approval by the City. B. Provide a landscape surety equivalent to 150% of the cost of the landscaping improvements indicated on the approved plan. C. Submit building plans for review and approval by the Fire Marshall. D. Make a cash contribution in lieu of a NURP pond based on 2% of the land value plus $1,000.00 per acre of impervious surface. E. Submit detailed signage and lighting plans for review and approval by the City. II. If the Planning Commission does not beleive that compelling reasons exist for the Guide Plan Change to Community Commercial, then the appropriate action would be to recommend denial. The Staff would recommend alternative I. • vA , - iz City of Eden Prairie City Offices ecJen 8080 Mitchell Road • Eden Prairie, MN 55344-2230 prairie Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390 August 7, 1995 SUBJECT: NEIGHBORHOOD MEETING PROPOSED ABRA AUTO BODY DEVELOPMENT Thursday, August 17, 1995, 7:30 p.m. City Council Chambers, Eden Prairie City Center 8080 Mitchell Road, Eden Prairie Dear Resident: Mr. Allan Stowe will be holding a neighborhood meeting at the Eden Prairie City Hall to discuss his proposal for an Abra Auto Body business to be located on Aztec Drive, adjacent to Highway 169. The purpose of this meeting is to gather any neighborhood input regarding the proposal so it can be properly addressed at a future Planning Commission meeting yet unscheduled. If you have any questions regarding this project, or would like to see a copy of the proposed plans in advance of the meeting, you may contact me at your convenience at 949-8489. Sincerely, , ✓ Gt?( (1. y ' Scott A. Kipp ` Planner D:Ueuer\abra Is UQ - )3 t.4.1 Recycled Paper Barclay, Ltd. 130 Park Avenue South,Suite 101 P.O.Box 1243 St.Cloud,Minnesota 56302 (612)259-0523 (612)259-0536 August 1, 1995 Dear Resident, I am writing to make you aware of a neighborhood meeting concerning the following proposal: We are proposing to develop a new facility for Abra Auto Body and Glass Refinishers (ABRA) on vacant land at the northeast intersection of U.S. Highway #169-212 and Aztec Drive (see enclosed map) in Eden Prairie, Minnesota_ Abra is currently located in a facility just across Aztec Drive from this site_ Abra is a provider of high quality auto body repair, refinishing and light collision work as well as auto glass repairs and replacement and has been part of the Eden Prairie business community for the past five years. The facility we are proposing would be a one-story, masonry structure with an attractive exterior of face brick and glass and a pre-finished metal mansard_ The site would be extensively landscaped to provide screening of the building. We are seeking a land use change from industrial to community commercial, We invite your comments at this meeting and thank you for your consideration of our request_ Yours truly, Allan V. Stowe C.E.O. Development • Construction • Commercial Real Estate • Property Management Metropolitan Council Working for the Region, Planning for the Future September 6, 1995 Michael Franzen, Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 RE: City of Eden Prairie Abra Auto Body Comprehensive Plan Amendment Metropolitan Council District 4 Metropolitan Council Referral File No. 16010-9 Dear Mr. Franzen: The Metropolitan Council staff has reviewed the city's plan amendment received by the Council on August 31, 1995. The amendment proposes to change the land use to Community Commercial. We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. This concludes the Council's review. Sincerely, Chuck Ballen ' , irector Office of Local Assistance CB:cs cc: Julius C. Smith, Metropolitan Council District 4 Ruth Ann Sobnosky, Mn/DOT Lynda Voge, Metropolitan Council Staff Carl Schenk, Metropolitan Council Staff V. A , - f5 230 East Fifth Street St.Paul,Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-19-95 SECTION: PUBLIC HEARINGS ITEM NO. V.B. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger AMOCO CAR WASH Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Amendment within the C-Hwy Zoning District on 0.9 acres Background: The Planning Commission unanimously recommended approved the request at their August 28, 1995 meeting according to the Staff Report dated August 25, 1995. The plans meet all City codes, but have been revised to confirm that the actual location of an existing storm sewer line is not within the proposed building expansion area. At the Planning Commission meeting, a neighboring property owner raised a concern that the Amoco employees were parking on his property and he did not want this to occur during the week. He said it would be O.K. on weekends. The owner of Amoco said he would correct this situation, and that he has had written permission from the owners of the Eden Prairie State Bank to use their parking lot. Even though the amount of parking on site meets City code, the Planning Commission asked staff to review the ability to provide additional parking stalls if needed in the future. Staff's analysis concludes that up to 10 additional on-site stalls could be built on site. Supporting Reports: 1. Minutes dated August 28, 1995 2. Staff Report dated August 25, 1995 3. Correspondence V.B.-1 Approves /'?, 7e5 �'oa+s+,ssoit. Aug(Asr 2Z, /995— C. AMOCO CAR WASH by New Image Construction & Development. Request for Zoning District Amendment within the C-Hwy Zoning District on 0.9 acres, and Site Plan Review on 0.9 acres. Location: 8100 Flying Cloud Drive. Joe Kiesling, representing New Image Construction & Development, reviewed his development proposal with the Planning Commission. The proposal is to put a new car wash addition on the south side of the existing building and convert the existing car wash bay into a third service bay. There is an issue regarding the storm sewer that runs underneath their addition. They don't believe that it actually runs right where it's showing and believe it is farther to the south. They will verify the pipe location prior to the City Council meeting. The building addition will conform to the existing architecture and materials. Any existing or proposed rooftop mechanism equipment will be physically screened. Ismail was concerned if it is self-washing or mechanized. Kiesling replied that they are getting away from mechanized units and going with high pressure brushes and chemicals. They are "environmental friendly". 9 Sandstad was concerned about loosing the pine trees on the south side of the building due to a possible sewer line relocation. Kiesling replied that they should not be losing any plantings right now. If they need to move the sewer line, they will machine move the trees back once the work is completed. Kipp commented that the concern Staff has with the project is the verification of the sewer line location, and they want to verify that prior to the City Council meeting. Staff does recommend approval. Wissner was concerned about how many cars go through the car washing a day. Mark Cappella, owner, replied that it's seasonal. Once the new equipment is installed, it will speed up the process. During peak time, it's approximately 125 washes a day. Norris Nelson, residing at 11995 Singletree Lane, president of the Northwestern Technical Institute, noted that the school is adjacent to Amoco. His main concern is parking. Amoco does not have adequate parking. They want to be a good neighbor to Amoco. They have notified Amoco many times not to use their parking lot during the week. There is no school on Fridays or the weekends, and Amoco is free to use their parking lot then. However, they may not use it from Monday through Thursday. Kardell was concerned about whether the 13 required parking spaces includes the employee parking. Kipp replied that it does. Kardell asked if adding a service bay would effect the parking requirements. Kipp replied that code requires 10 spaces plus one space for every service bay, and that's 13 spaces in total. The addition of this bay could increase the turnover of spaces available. According to code, it meets the parking requirements. Staff is willing to work with them to see if they need more parking on site. Franzen commented that it's not uncommon for retail uses to have a greater parking demand. Most businesses, regardless of what business it is, the amount of parking on the property is critical for the business in order to survive. Cappella commented that he received one letter from Mr. Nelson which he in turn sent a letter to all of his managers and staff people about the parking situation. He will follow up with this again to his managers. He noted that he spoke with the bank across the street about having six or eight parking spaces in the bank lot for his people for security and safety, to be able to get to their cars in full view of the other employees. They granted him verbal permission to do so. They have obtained additional insurance for that and have been doing it for two years or better. 10 V. 6, - 3 Wissner asked if there was a certain turn around time for the parking lot. Cappella replied that cars brought in the morning are picked up by 5:00. Those that come in the afternoon are picked up at 10:00. At 11:00 at night, the lot only has five or six cars unless it's in the dead of winter where there are emergencies. Schlampp suggested that Mr. Cappella get a letter from the bank stating this information about the additional parking, and that it will show the gentleman from the school that Amoco is trying to take care of any parking problems. Cappella indicated that he would. Kardell suggested that Staff take a look at this letter, and take a look at busy days when traffic is the worst before it goes to the City Council. MOTION 1: Schlampp moved, seconded by Foote to close the public hearing. Motion carried 6-0-0. MOTION 2: Schlampp moved, seconded by Foote to recommend to the City Council approval of the request of New Image Construction & Development for Zoning District Amendment within the C-Hwy Zoning District on 0.9 acres based on plans dated August 18, 1995, and subject to the recommendations of the Staff Report dated August 25, 1995, including the letter from the bank and the traffic review. Motion carried 6-0-0. MOTION 3: Schlampp moved, seconded by Foote to recommend to the City Council approval of the request of New Image Construction & Development for Site Plan review on 0.9 acres based on plans dated August 18, 1995, and subject to the recommendations of the Staff Report dated August 25, 1995. Motion carried 6-0-0. STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Planner THROUGH: Michael D. Franzen, City Planner DATE: August 25, 1995 SUBJECT: Amoco Car Wash Addition APPLICANT: New Image Construction and Development LOCATION: 8100 Flying Cloud Drive REQUEST: 1. Zoning District Amendment within the C-Hwy Zoning District on 0.9 acres. 2. Site Plan Review on 0.9 acres. - _ I 1 1,0 MI I.EONA ROAD( R --....:.,..!s . 1 c iThcD Y,•Z• f ' c•% MARKET CENTER =.:' t�l�` ';a; r\C�3 .-�/ /.i 6:i - Z - .-.'1 49 f-,:1"1...:4.7;.y,-.*1 -.,1 _ 7 .• 1�:: v � TR ' � jr,6 ------- zt' } c FLAGSHIP S\ G CgHE- E �: ADDITION III 41‘ SIT , S F._ iqir • ?RAI R i F.--. 1f• 'y�• 4 C.il':j.. -r-.S• ' E R ADC. \ CPNTI=F: o f '90C /N 4411 ,7 )) FOB i` 0 c UNDS . Staff Report Amoco Car Wash Addition August 25, 1995 BACKGROUND The Comprehensive Guide Plan depicts this site and surrounding sites for Regional Commercial use. The property was zoned C-Hwy for the Amoco station and constructed in 1977. SITE PLAN The proposal is for a 1,114 sq. ft. car wash addition and to remodel the existing car wash bay into a third vehicle service bay. With the addition, the base area ratio will be 8%. City code would allow up to 30% coverage in the C-Hwy Zoning District. The car wash addition is located 12 feet from the rear lot line. Code would permit a 10 foot setback in the C-Hwy Zoning District. The existing parking will not be affected by the addition. A total of 13 parking stalls are required for this service station according to code. Thirteen spaces currently exist along the west side of the property. DRAINAGE AND UTILITIES Drainage will not be affected by the building addition, however, the addition is proposed over an existing City owned storm sewer line. This will require the relocation of the storm sewer, including associated easements. Any relocation of the storm sewer line will also require vacation of the existing easement. ARCHITECTURE • The design for the addition will meet building material requirements for the Commercial District and will match the existing structure, including the use of face brick and continuation of the metal mansard roof. A trash enclosure will be constructed with matching facebrick. Rooftop mechanical equipment for the existing building and addition will be physically screened by the mansard roof, or if necessary, by individual metal screens meeting code requirements. 2 V, 6. - Staff Report Amoco Car Wash Addition August 25, 1995 LANDSCAPING The site contains a heavy amount of evergreen planting along the west, south and east sides of the property exceeding the total building caliper inch requirements and screening requirements of the City code. Therefore, no additional landscaping will be required for the addition. The relocation of the storm sewer line may impact a number of existing evergreen plantings along the south lot line. As part of any relocation, all affected landscaping will need to be replaced along the south property to maintain the current level of screening. RECOMMENDATIONS Staff would recommend approval of the Zoning District Amendment within the C-Hwy Zoning District on 0.9 acres, Site Plan Review on 0.9 acres, based on plans dated August 18, 1995, this Staff Report and the following: 1. Prior to City Council review, the proponent shall revise the utility plan which relocates the storm sewer line out from under the proposed addition, and provides the associated easement. 2. Prior to Building Permit issuance, the proponent shall: A. Provide detailed plans to the City Engineer for the relocation of the storm sewer line, including the associated easement documents. In addition, the existing storm sewer easement will need to be vacated. B. Provide detailed plans showing the screening of any existing and proposed rooftop mechanical units with the mansard roof or with individual rooftop screening meeting code requirements. C. 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Mark NamtVedt Norsemen 03.1 Co. Fden Prairie , MN 55344 • • • bear Mr . Nemttedt , I am writing to verify the owners of the First State Bank Buildings ( 11300 Singletree Lane) willingness to allow you to use up to six (6) parking stalls to be used exclusively for your employee parking. This would bu a tenancy at will and therefore, terminable by either party at any time. Further , our understanding is that you' ll name the building owners and managing agents as additional • insured and insure your associated liabilities (workman ' s comp. , ) iability insurance, etc. ) . We enjoy working with you as a corporate neighbor, and according , are pleased to offer you tl -1 gesture. Respect? r, yours., / , Wayr(- ice, aneging Agent • • Property Management Inc. Real Estate Group!no. v. B. 9 ej5 DATE: CITY COUNCIL AGENDA CCIL'11 SEPTEMBER 19, 1995 prairies SECTION: DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE DEPT. PAYMENT OF CLAIMS VI CHECKS NUMBER 34271 THRU 34888 • Action/Direction: SEPTEMBER 19, 1995 VI 34271 KATZ ANALYTICAL SERVICES INC CHEMICAL ANAYLSIS OF FIRE-BLDG 425.00 INSPECTIONS. 34272 HARRY ORTLOFF SERVICE-SOFTBALL OFFICIAL/FEES PAID. 280.00 34273 BENIEK LAWN SERVICE SERVICE-PARK MAINTENANCE. 628.35 34274 EDEN PRAIRIEI SENIORS NAMETAG BUTTONS-TASTE OF PRAIRIE PROGRAM. 6.30 34275 CITY OF EDINA JULY 95 WATER TESTS-WATER DEPT. 325.00 34276 CRAIG D LUEHRS MILEAGE-FORESTRY DEPT. 114.52 34277 SNELL MECHANICAL INC AIR CONDITIONING CONDENSER FAN MOTER 392.50 REPLACED-COMMUNITY CENTER. 34278 VOID OUT CHECK _ 0.00 34279 JOYCE CONLEY CONFERENCE ADVANCE-POLICE DEPT. 50.00 34280 FRANKLIN QUEST SUPPLIES PARK PLANNING. 74.86 34281 JIM LINDREN TRAINING-POLICE DEPT. 150.00 34282 BARB MEYER REIMBURSEMENT FOR TENNIS PROGRAM. 134. 10 34283 MINNESOTA DEPT OF PUBLIC SAFETY BIKE REGISTRATION FEES. 189.00 34284 THE RESOURSE CENTER TRAINING SUPPLIES-FIRE DEPT. 143.75 34285 LYNN STOCK TRAINING-POLICE DEPT. 450.00 34286 STUMPS SUPPLIES-OKTOBERFEST. 53.61 34287 NANCY BIRRELL REFUND-SKATING LESSONS. 50.00 34288 THOMAS BROOKS REFUND-SWIMMING LESSONS. 15.00 34289 SUSAN BROWN REFUND-FAMILY RESIDENT MEMBERSHIP. 158.20 34290 BECKY EARL REFUND-TENNIS LESSONS. 21.00 34291 SANDY EWEL REFUND-SKATING LESSONS. 20.00 34292 MOLLY FERNANDEZ REFUND-SWIMMING LESSONS. 15.00 34293 ANN HALL REFUND-DEFENSIVE DRIVING CLASS. 7.00 34294 CHRIS HANSON REFUND-SWIMMING LESSONS. 21 .00 34295 CHERYL JOHNSON REFUND-SWIMMING LESSONS. 24.00 34296 CORY MILLER REFUND-ACTIVITY CAMP SLEEPOVER. 18.00 34297 TAN PREET MEHTA REFUND-SWIMMING LESSONS. 21 .00 34298 PAT MONSON REFUND-BRYANT LAKE DAY CAMP. 71 .00 34299 RAYMOND PRESTON REFUND-SWIMMING LESSONS. 3.00 34300 ALISON QUACKENBUSH REFUND-SWIMMING LESSONS. 3.00 34301 JILL RODNING REFUND-SWIMMING LESSONS. 36.00 34302 MARGIE THOMA REFUND-SWIMMING LESSONS. 42.00 34303 CINDY WANG REFUND-SWIMMING LESSONS. 21 .00 34304 CHOICE PUBLICATIONS ADVERTISING-COMMUNITY DEVELOPMENT. 830.77 34305 CANADA LIFE ASSURANCE CO DISABILITY INSURANCE PREMIUM FOR AUGUST/ 2169.94 PAYROLL 8-18-95. 34306 CARVER COUNTY COURTHOUSE PAYROLL 8-18-95. 49.37 34307 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 8-18-95. 276.93 34308 CARVER COUNTY COURTHOUSE PAYROLL 8-18-95. 90.00 34309 FEDERAL RESERVE BANK SAVINGS BONDS-PAYROLL 8-18-95. 400.00 34310 GREAT-WEST LIFE & ANNUITY PAYROLL 8-18-95. 8986.50 34311 HEALTHPARTNERS HEALTH INSURANCE PREMIUM FOR THE MONTH OF 27183.55 SEPTEMBER-PAYROLL 8-18-95. 34312 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 8-18-95. 240.46 34313 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 8-18-95. 275.08 34314 ICMA RETIREMENT TRUST-457 PAYROLL 8-18-95. 3659.26 34315 MEDICA CHOICE HEALTH INSURANCE PREMIUM FOR THE MONTH OF 50067.95 SEPTEMBER PAYROLL 8-18-95. 9819300 SEPTEMBER 19, 1995 1 . SEPTEMBER 19, 1995 VI 34316 MINNESOTA DEPT OF REVENUE PAYROLL 8-18-95. 227.42 34317 MINNESOTA MUTUAL LIFE PAYROLL 8-18-95. 1251 .50 34318 MN STATE RETIREMENT SYSTEM PAYROLL 8-18-95. 247.00 34319 MN TEAMSTERS CREDIT UNION PAYROLL 8-18-95. 25.00 34320 PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 8-18-95. 41961 .70 34321 EXECUTIVE DIRECTOR PAYROLL 8-18-95. 55.00 34322 PRUDENTIAL INSURANCE CO LIFE INSURANCE PREMIUM FOR THE MONTH OF 2970.93 AUGUST PAYROLL 8-18-95. 34323 UNITED WAY PAYROLL 8-18-95. 157.75 34324 ANCHOR PRINTING COMPANY PRINTING-TASTE ON THE PRAIRIE FLYER/ 1171.51 ADAPTIVE AQUATICS CERTIFICATES. 34325 BACONS ELECTRIC CO FILTER PIPE/FANS-WATER DEPT. 168.75 34326 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 13.90 34327 MINNCOMM PAGING AUG 95 PAGER SERVICE-BLDG INSPECTION DEPT/ 44.46 UTILITIES. 34328 CRESCENT ELECTRIC SUPPLY COMPANY FUSES/FUSEHOLDERS/OFFICE SUPPLIES-TRAFFIC 88.99 SIGNAL MAINTENANCE/STREET LIGHT MAINTENANCE. 34329 SANDRA WERTS MILEAGE-SENIOR CENTER/VAN TRIP EXPENSES- 46.67 SENIOR CENTER. 34330 MERLINS ACE HARDWARE BULBS/CORDS/BLADES/FASTENERS/CLAMPS/LUBE 215.93 SILICONE/OIL GEAR/TAPE/BRACES/RAZOR BLADES/FAUCET BARREL/PAINTBRUSH/SWR CURTAIN/WALLPLATE/BATTERY/WOOD GLUE/PLBG SUPPLIES-PARK MAINTENANCE-COMMUNITY CENTER-FLEET SERVICES. 34331 MINNESOTA VALLEY ELECTRIC COOPERA SERVICE. 504.81 34332 GLORIA BOTT REFUND-SWIMMING LESSONS. 6.00 34333 BETH CLYSDALE SUPPLIES-BRYANT LAKE DAY CAMP. 29.89 34334 CINDY CHRZANOWSKI REFUND-SKATING LESSONS. 80.00 34335 LINDA FRANKENSTEIN FACE PAINTER-CITY EMPLOYEE PICNIC. 60.00 34336 MARY HART REFUND-DREAMCATCHER CLASS. 5.00 34337 LILA KLEHR HAYRIDE-CITY EMPLOYEE PICNIC. 225.00 34338 ADELE KRANTZ REFUND-SR CITIZEN STATE FAIR. 4.50 34339 MINNESOTA STATE FAIR TICKETS REIMBURSED BY CITY EMPLOYEES. 600.00 34340 BETH NILSSON SUMMER SKATING LESSONS-3RD PART. 1053.08 34341 LISA PETIKA REFUND-SWIMMING LESSONS. 18.00 34342 VALLEYFAIR TICKETS SOLD. 501.30 34343 JOEL WESTACOTT DISC JOCKEY-CITY EMPLOYEE PICNIC. 125.00 34344 SISINNI FOOD SERVICE MEETING EXPENSE-CITY HALL. 236.64 34345 JIM ZAIC REIMBURSEMENT-UNIFORMS. 81.88 34346 MINNESOTA PRIMA SCHOOL-SAFETY DEPT. 25.00 34347 NORWEST BANKS MINNESOTA N A FEDERAL SOCIAL SECURITY AND MEDICARE 96920.84 WITHHOLDING PAYMENT PAYROLL 9-1-95. 34348 WEST SUBURBAN CREDIT UNION PAYROLL 9-1-95. 900.00 34349 DREW ALLENSWORTH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34350 ANAGRAM INTL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34351 AMERICABLE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34352 GREG ANDERSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34353 LYNN ANDERSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 15052345 SEPTEMBER 19, 1995 2. SEPTEMBER 19, 1995 VI 34354 ROBERT ANDERSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34355 JAY ANNALA REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34356 LINDA ARP REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34357 THE ATHLETIC FITTERS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34358 AUGUSTINE MEDICAL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34359 SUE BAILEY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34360 RODGER BADENHOP REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34361 JOANNE BAER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34362 MIKE BLAIR REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34363 TOM BARTL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34364 TIM BEDUHN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34365 LARRY BENNER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34366 TONI BERTSCH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34367 RANDY BIERBAUM REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34368 SHARI BLAIR REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34369 KEVIN BLAKE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34370 DEBBY BLATT REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34371 MARK BOOMGAARDEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34372 MARY BOYCE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34373 STEPHAN M BRAMHAM REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34374 CARRIE BROWN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34375 CURTIS BROWN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34376 DAVE BRUCKS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34377 SHERRY BRUNING REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34378 MARK BUCHSTABER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34379 DAVID CARL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34380 WENDY CARLSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 50.00 34381 ROAD HOME CHURCH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34382 ALLEN CUTSHAW REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34383 RANDI DALLMAN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34384 RANDY DALLMAN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34385 BRIAN DANIELSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34386 DOMINIC DEVAAN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34387 MATT DETERDING REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34388 BRAD DIEKMAN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34389 JOHN DRISCOLL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34390 DOUG DUPEY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34391 EDEN PRAIRIE PRESBYTERIAN CHURCH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34392 ERIC ENGWALL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34393 GORDON EVENSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34394 MRS FELDMANS DESSERTS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34395 ROBIN FISH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34396 PAUL FLORIN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34397 ROB FRANCIS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34398 SCOTT FRANSEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34399 MATT GAUSMAN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34400 MAARIE GAYTHER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34401 GE CAPITAL FLEET SERVICES REFUND-SOFTBALL CONDUCT FORFEIT FEE/ 75.00 REFUND-SOFTBALL CONDUCT FORFEIT FEE. 34402 GE CAPITAL FLEET SERVICES HR DEPT REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 455000 SEPTEMBER 19, 1995 3. SEPTEMBER 19, 1995 VI 34403 CHRIS GOETTL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34404 JAON GRAHAM REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34405 DANIEL GROEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34406 JASON GRUND REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34407 TODD HALLETT REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34408 BRENDA HANSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34409 TONY HANSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34410 TONY HANSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34411 KEN HAUUONQUIST REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34412 STEVE HEALY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34413 HEROLD MARKETING ASSOC REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34414 BILL HOAG REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34415 JOHN HOANSTAD REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34416 PAUL HOFFER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34417 MARK HOGUE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34418 SAM HUDSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34419 DON HUNTER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34420 SCOTT HUTCHIND REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34421 DAUG JOHNSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 50.00 34422 ROB JOHNSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34423 SCOTT JOHNSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34424 RANDY KELLY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34425 JODI KELLY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34426 NANCY KELLY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34427 KATY KEOHEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 25.00 34428 KEVEN KILORAN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34429 THOMAS KNAVER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34430 JAMES KOEPPL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34431 CHRIS KOHLBECK REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34432 TONY KRICK REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34433 JAMES KRUCHTEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34434 VOID OUT CHECK 0.00 34435 VOID OUT CHECK 0.00 34436 VOID OUT CHECK . 0.00 34437 PAM LAVALLE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34438 DAVE LARSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34439 LAZERMASTER CORP REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34440 LAZERMASTER CORP REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34441 DAVE LEKANDER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34442 WILLIAM LEWIS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 50.00 34443 MICHAEL LIEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34444 TODD LINAMEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34445 LOCAL MOTION MOVING REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34446 LEE LOEHRS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34447 WILLIAM LORNTSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34448 PAUL LUNDQUIST REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34449 DAVE LYONS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 50.00 34450 THE MAINTENANCE TEAM REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34451 BOB MADVIG REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34452 STEVE VALEVICH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 415000 SEPTEMBER 19, 1995 4. SEPTEMBER 19, 1995 VI 34453 JAY MARTIU REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34454 TOM MASCALENAS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34455 MARK MCGRUDER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34456 BILL MCMONIGAL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34457 RON MICHAELS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34458 DAVID MIBINO REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34459 DAVID MILANO REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34460 CHRIS MILLARD REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34461 MIKE MILLER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34462 FINLEY MONTGOMERY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34463 CRAIG MULLEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 1000.00 34464 PRAIRIE DAWGS OR MICHAEL MULQUEEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34465 JOEL MURPHY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34466 MARK MYERS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34467 STEPHEN MYERS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34468 JOHN NELSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34469 CHRIS NEWBERG REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34470 BRENT 0 BERT REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34471 RANDY 0 BRIAN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34472 GREG OLSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34473 GREG OLSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34474 HEATHER OLSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34475 PAT OLSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34476 RITA PAPPAS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34477 JODI PETERS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34478 ERIC PETERSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34479 STEVE PETERSON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 50.00 34480 STEVE PETERSON HAGEN SYSTEMS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34481 PHYSICAL ELECTRONICE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34482 PAUL PIEL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34483 MIKE MIRNER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34484 MIKE POMERLEAU REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34485 POP FUND DAN SMID REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34486 MIKE POWER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34487 MIKE POWER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34488 PETE POWERS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34489 MICHAEL RANDS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34490 DAVID REACH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34491 JASEN REYNOLDS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34492 MICHAEL RIGGLE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34493 KEN ROGRETT REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34494 MATT ROSHEIM REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34495 SCOTT RUNQUIST REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34496 ST ANDREW LUTHERN CHURCH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34497 DARRYL SANFORD REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34498 TOM SANDSTROM REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34499 MIKE SANDNESS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34500 TODD SCHANSBERG REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34501 TOM SCHRUPP REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34502 ERIC SCHUMAN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 567500 SEPTEMBER 19, 1995 5. SEPTEMBER 19, 1995 VI 34503 BRYAN SEE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34504 DAN DEELER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34505 DOUG SEEMAN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34506 LYNN SEXTON REFUND-SOFTBALL CONDUCT FORFEIT FEE. 50.00 34507 KEVIN SHIFFER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34508 WILLIAM SMALL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34509 JOHN SMITH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34510 MITCHELL SMITH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34511 CURT SOLIE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34512 SOUTHWEST LAWN MAINTENANCE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 0.00 34513 MIKE SPECA REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34514 LARRY SPOONER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34515 AMY STANGLER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34516 BRAD STARR REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34517 BRAD STARR REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34518 KIM STENDER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34519 KIM STENDER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34520 KRIS STEVEN ATTN HUMAN RESOURCE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34521 LAREE STREMPKE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34522 JIM STRONER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 50.00 34523 TOM SUTERA REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34524 DAVID TOOR REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34525 LIZ TRACY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34526 DEAN TROM REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34527 RICHARD ULALLNER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34528 DUANE ULRICH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34529 GREG VANDERVORSTE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34530 SCOTT WAGNER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34531 BRUCE WEBSTER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34532 RICH WESTENBERG REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34533 TOM WHALEN REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34534 JUSTIN WHILEY REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34535 JEFF WILLIAMS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34536 MARIE WINDHORST REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34537 SHAWN WINTERS REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34538 NEAL WUNDERLICH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34539 MICHAEL WYATT REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34540 WYATT PREFERRED CHOICE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34541 WOODALE CHURCH REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34542 MAKE YAGER REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34543 ERIC YOUNG REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34544 CRAIG ZEMKE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34545 CRAIG ZEMKE REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34546 WAYNE ZILL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 100.00 34547 RON ZUEHL REFUND-SOFTBALL CONDUCT FORFEIT FEE. 75.00 34548 EDEN PRAIRIE FIRE RELIEF ASSOC 95 STATE AID FOR FIRE PENSION. 139315.00 34549 ATOM BUSINESS OFFICE TRAINING-POLICE DEPT. 30.00 34550 BELLBOY CORPORATION SUPPLIES-LIQUOR STORE. 1041 .61 34551 BEST BUY CO CAMERA/POLICE DEPT. 63.89 34552 HENNEPIN COUNTY TREASURER HENNEPIN COUNTY SOLID WASTE MANAGEMENT 164.26 FEE FOR AUGUST 1995. 14463976 SEPTEMBER 19, 1995 6. SEPTEMBER 19, 1995 VI 34553 METROPOLITAN COUNCIL WASTEWATER S OCTOBER 1995 SEWER SERVICE. 163987.00 34554 PLYMOUTH POLICE DEPARTMENT TRAINING-POLICE DEPT. 30.00 34555 US POSTMASTER POSTAGE FOR COMMUNITY NEWSLETTER. 2825.66 34556 BELLBOY CORPORATION SUPPLIES-LIQUOR STORE. 131 .30 34557 EDEN PRAIRIE SENIOR CENTER EMPLOYEE RECOGNITION BUTTONS. 119.00 34558 GENUINE PARTS COMPANY CABLES/OTC TOOL/BRAKE FLUID/FUSES/ 4740.93 FITTINGS/WIRES/OIL/ARM ALL/V-BELT/AIR PUMP/BLADES/FUEL FILTERS/AIR FILTERS/HDWR KIT/CORES/BATTERYS/MUFFLERS/PIPES/CLAMPS/ BALL JOINT/OIL SEAL/U JOINT/OIL FILTERS/ ROTOR/AIR PUMP/SPARK PLUGS/PAN GASKET/ GASSHOCK/VOLT REG. 34559 ETHEL HOFFHINES REFUND-STATE FAIR TEIP. 7.50 34560 EXECUTIVE DIRECTOR PAYROLL 8-18-95. 55.00 34561 MEDICINE LAKE TOURS REFUND-APOSTLE ISLANDS TRIP. 235.00 34562 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION & EXCISE TAX- 5985.84 STREET DEPT/FLEET SERVICES/PARK DEPT/ UTILITIES DEPT. 34563 MSSA 1995 FALL OPERATING SEMINAR. 90.00 34564 MSSA CONFERENCES-STREET DEPT. 50.00 34565 STATE FIRE CHIEF CONFERENCE STATE FIRE CHIEF CONFERENCE. 315.00 34566 SUPERIOR FORD INC FOUR FORD F350 PICKUPS-STREET DEPT/PARKS 70900.00 DEPT/WATER DEPT. 34567 U S WEST COMMUNICATIONS SERVICE. 2587.71 34568 CARVER COUNTY CHILD SUPPORT ACCT PAYROLL 9-1-95. 90.00 34569 CARVER COUNTY COMMUNITY SOCIAL PAYROLL 9-1-95. 276.93 34570 CARVER COUNTY COURTHOUSE PAYROLL 9-1-95. 49.37 34571 FEDERAL RESERVE BANK PAYROLL 9-1-95. 350.00 34572 GRAET WEST LIFE AND ANNUNITY PAYROLL 9-1-95. 8611.50 34573 HENNEPIN COUNTY SUPPORT AND COLLE PAYROLL 9-1-95. 240.46 34574 HENNEPIN COUNTY SUPPORT AND COLLE PAYROLL 9-1-95. 275.08 34575 ICMA RETIREMENT TRUST 457 PAYROLL 9-1-95. 3659.26 34576 INTL UNION OF OPERATING ENGINEERS UNION DUES-SEPT PAYROLL 9-1-95. 1335.00 34577 MINNESOTA DEPT OF REVENUE PAYROLL 9-1-95. 227.42 34578 MINNESOTA MUTUAL LIFE PAYROLL 9-1-95. 247.00 34579 MN STATE RETIREMENT SYSTEM PAYROLL 9-1-95. 247.00 34580 MN TEAMSTERS CREDIT UNION PAYROLL 9-1-95. 25.00 34581 EXECUTIVE DIRECTOR PAYROLL 9-1-95. 25.00 34582 EXECUTIVE DIRECTOR PAYROLL 9-1-95. 42175.77 34583 UNITED WAY PAYROLL 9-1-95. 157.75 34584 MIDWEST ASPHALT CORP SERVICE-CITY WEST PARKWAY EXTENSION/ 49300.75 GOLDEN RIDGE DRIVE IMPROVEMENTS. 34585 HARDRIVES INC SERVICE-ANDERSON LAKES PKWY/PRESERVE BLVD. 28821 .55 34586 VALLEY PAVING INC SERVICE-DELL ROAD. 9218.09 34587 PRECISION PAVEMENT MARKING SERVICE-1995 STREET STRIPING. 2075.98 34588 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-DEN PRAIRIE MARKET CTR DR. 45089.10 34589 A TO Z RENTAL CENTER CHOP SAW/DIAMOND BLADE/HAMMERS-STREET 256.26 DEPT. . 34590 ABM EQUIPMENT & SUPPLY INC HD CONVERTER KIT-STREET DEPT. 273.97 34591 A ARRONS SERVICE-COMMUNITY CENTER. 441 .50 44552968 SEPTEMBER 19, 1995 7. SEPTEMBER 19, 1995 VI 34592 ACCOUNTEMPS SERVICE-FINANCE DEPT. 542.50 34593 ACOUSTICAL CONCEPTS ACOUSTICAL PANELS-COMMUNITY CENTER. 150.27 34594 ACT ELECTRONICS ROAD TUDE-ENGINEERING DEPT. 227.30 34595 ACTION THRFAnFD PRODUCTS HEXS/LOCKWASHERS-UTILITIES. 126.99 34596 VOID OUT CHECK 0.00 34597 ADT SECURITY SYSTEMS SECURITY MAINTENANCE AGREEMENT-STORAGE 1837.90 BLDG/FIRE STATION 2/FIRE STATION 3. 34598 STEPHANIE AGNEW TEEN WORK PROGRAM. 56.00 34599 KATIE AHMAN TEEN WORK PROGRAM. 39.00 34600 ALLCOM SYSTEMS INC SERVICE-COMMUNITY CENTER. 760. 13 34601 AMERICAN LINEN SUPPLY CO SERVICE-LIQUOR STORE 1/LIQUOR STORE 2/ 171 .87 LIQUOR STORE 3. 34602 AMERICAN PAYROLL ASSOCIATION DUES-FINANCE DEPT. 526. 10 34603 AMERICAN WATER WORKS ASSOC SUBCRIPTION-WATER DEPT. 300.00 34604 AMERI-DATA SUPPLIES-COMMUNITY SERVICES. 326.96 34605 ANCHOR PRINTING COMPANY PRINTING-OCTOBERFEST FLYER/ECHOES 942.53 NEWSLETTER. 34606 EARL F ANDERSON & ASSOC INC SIGNS-PLAY STRUCTURES/EDEN LAKE PARK. 40657.94 34607 KEN ANDERSON TRUCKING SERVICE-DISPOSAL OF WILDLIFE/ANIMAL 145.86 CONTROL DEPT. 34608 ANDERSONS GARDEN SUPPLIES-FIRE DEPT. 53.25 34609 APC SUPPLIES-CITY HALL. 111 .50 34610 AVR INC CEMENT-STORM DRAINAGE DEPT. 3065.63 34611 AQUA ENGINEERING INC SERVICE-FIRE STATION #2. 49.00 34612 ARMA INTERNATIONAL PUBLICATIONS-CITY MANAGER. 274.00 34613 ASPEN EQUIPMENT COMPANY NOZZLE-FLEET SERVICES. 53.57 34614 AUDIO INTELLIGENCE DEVICES INC SERVICE POLICE DEPT. 109.86 34615 A U S COMMUNICATIONS INC SERVICE-COMMUNITY CENTER. 193.87 34616 AUDIO VISUAL WHOLESALERS ZENETH PROJ MOUNT-FIRE DEPT. 1564.49 34617 S H BARTLETT CO INC SUPPLIES-COMMUNITY CENTER. 227.04 34618 BAUER BUILT INC STARTING UNIT/BATTERY/TERMINAL PROTECTOR/ 3618.29 BATTERY CLEANER-FLEET SERVICES. 34619 BELLBOY CORPORATION SUPPLIES-LIQUOR STORE III. 181 .40 34620 BENIEK LAWN SERVICE LAWN MOWING SERVICE-PARK MAINTENANCE. 628.35 34621 BENSHOOF & ASSOCIATES INC SERVICE-FOREST HILLS TRAFFIC ANALYSIS. 1100.00 34622 BRAUN INTERTEC CORPORATION SERVICE-CITY WEST PKWY/GOLDEN RIDGE DR/ 8196.76 PAVEMENT MGNT PROGRAM IMPLEMENT SOFTWARE AND RATING SERVICE/SURFACE CONDITION SURVEY. 34623 ALISHA BEYER TEEN WORK PROGRAM. 39.00 34624 BIFFS INC SEPTEMBER 95 WASTE DISPOSAL-ADA PROGRAM/ 6572. 15 PARK MAINTENANCE. 34625 BLOOMINGTON LOCK & SAFE CO PADDLELOCKS/KEYS/PUSH BUTTON LOCKS-WATER 845.26 DEPT/COMMUNITY CENTER. 34626 BOBS LAWN AND LANDSCAPE MOWING SERVICE-STREET MAINTENANCE. 330.00 34627 CHRIS BOYCE TEEN WORK PROGRAM. 5.40 34628 PAUL BROWM SERVICE-VOLLYBALL OFFICIAL/FEES PAID. 255.00 34629 BRW INC SERVICE-DELL ROAD CONSTRUCTION. 2622.33 34630 NATHAN BUCK SERVICE-SOFTBALL VOLLEYBALL FOOTBALL 259.50 OFFICIAL/FEES PAID. 7716700 SEPTEMBER 19, 1995 8. SEPTEMBER 19, 1995 VI 34631 BUMPER TO BUMPER HANDLE CABLE-FLEET SERVICES. 30.70 34632 CAPITOL COMMUNICATIONS SERVICE-BATTERYLATCH/CONNECTOR/ANTENNA 251 .31 PLATE/DECORDER BOARD-POLICE DEPT/FLEET SERVICES. 34633 CALC TYPE EQUIPMENT MAINTENANCE AGREEMENT-FIRE DEPT. 315.00 34634 SAM CAREW-JONES TEEN WORK PROGRAM. 26.33 34635 CEDAR COMPUTER CENTER INC EQUIPMENT REPAIR-FIRE DEPT. 1979. 19 34636 ERIN CHRISTENSON TEEN WORK PROGRAM. 19.20 34637 JIM CHRISTY SERVICE-SOFTBALL OFFICIAL/FEES PAID. 140.00 34638 CITY BUSINESS SUBSCRIPTIONS-CITY HALL. 52.00 34639 CLEAN SWEEP INC STREET SWEEPING-STREET MAINTENANCE DEPT. '5232.50 34640 HYDROVAC/CORE CHARGE. 163.36 34641 CO2 SERVICES CARBON DIOXIDE/TANK RENTAL-COMMUNITY 63.07 CENTER. 34642 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT/PARK 325. 15 MAINTENANCE. 34643 COMMERCIAL ASPHALT CO MAINTENANCE MATERIALS-STREET DEPT/PARK 74316.86 MAINTENANCE. 34644 CONCEPT MICRO IMAGING APERTURE CARDS-ENGINEERING DEPT. 2312.77 34645 CONNEY SAFETY PRODUCTS BANDANA/AFTER BITE/ASTRO GLASSES-SAFETY 707.70 DEPT/HANDWIPES-UNITLITY DEPT. 34646 CONSTRUCTION MATERIALS INC SPRAYER BRASS EXTENSION ROD-FLEET 14. 16 SERVICES. 34647 CORPORATE AUTO RENTALS TRANSPORTATION-PARKS DEPT. 47.93 34648 CORPORATE GRAPHICS OFFICE SUPPLIES-ASSESSING DEPT. 227.65 34649 TOM CRAMPTON SERVICE-TEEN WORK PROGRAM. 25.20 34650 CRESENT ELECTRIC SUPPLY FUSE-STREET DEPT. 4. 10 34651 CSM CORPORATION REFUND-ESCROW FUND 81 MONEY. 363.54 34652 CUB FOODS MEETING EXPENSES-POLICE DEPT. 23.21 34653 CUB FOODS MEETING EXPENSES-FIRE DEPT. 338.69 34654 CUTLER MAGNER COMPANY QUICKLINE-WATER TREATMENT PLANT. 3269. 10 34655 CLEANING SUPPLIES/COMMUNITY CENTER-WATER 682. 14 DEPT. 34656 DAYTIMER OFFICE SUPPLIES-COMMUNITY DEVELOPMENT/ 107.65 SENIOR CENTER. 34657 DAYSTARTER BATTERYS-FLEET SERVICES. 126.72 34658 DECORATIVE DESIGNS SEPTEMBER LIVE PLANT MAINTENANCE SERVICE- 365.85 CITY CENTER. 34659 DELEGARD TOOL CO MOTOR/CORDLESS DRILL-EQUIPMENT 118.46 MAINTENANCE FLEET SERVICES. 34660 HILARY DEPAIDE SERVICE-WATER COLOR CAMP/FEES PAID. 360.00 34661 MARIE DIBONA SERVICE-TEEN WORK PROGRAM. 49.50 34662 KATY DIXON SERVICE-TEEN WORK PROGRAM. 61 .20 34663 DIZARD SAFETY SUPPLIES-RILEY LAKE. 202.40 34664 EDEN PRAIRIE FORD SCREEN/HOSES/DISC PAD/PUMP ASSEMBLY/ 576.00 VALVES/BEARING/SEAL-FLEET SERVICES. 34665 EDEN PRAIRIE CHAMBER OF COMMERCE 1995 ANNUAL CHAMBER MEMBERSHIP INVESTMENT. 530.00 34666 EDEN PRAIRIE SCHOOL DIST 272 TRANSPORTATION-YOUTH RECREATION. 375. 10 34667 SANDRA M EHRICH MILEAGE-ADAPTIVE RECREATION. 48.72 34668 ERGOPRO SUPPLIES-SAFETY DEPT. 83.06 9393552 SEPTEMBER 19, 1995 9. SEPTEMBER 19, 1995 VI 34669 TJ ESBENSON SERVICE-TEEN WORK PROGRAM. 22.80 34670 EDGEWORK BUILDERS REIMBURSEMENT-BUILDING PERMIT. 46.00 34671 FEDEX POSTAGE-POLICE DEPT. 12.50 34672 FERRELLGAS PROPANE-COMMUNITY CENTER. 408.53 34673 STUART FOX VOID OUT CHECK. 0.00 34674 FIBROCOM COMMUNICATIONS-POLICE DEPT. 398.99 34675 KERRY KAY FIECKE SERVICE-ACTIVITY CAMP. 346.88 34676 FISHER ENTERPRISES BLACK DIRT-RILEY PARK IMPROVEMENTS. 826.44 34677 FLOYD SECURITY SECURITY-LIQUOR STORE I/CUMMINS GRILL 440.91 HOMESTEAD. 34678 ARRON FLYNN SERVICE-TEEN WORK PROGRAM. 54.00 34679 FORSTERY SUPPLIERS INC RAZOR/BOWSAW/BLADE/SAW HEAD/POLE/LOPPER/ 435.82 SHEARS/TAPE-FORRESTRY DEPT. 34680 JEFF CORDES MILEAGE-FORESTRY DEPT. 187.04 34681 FRANKENSTEIN CREATIONS SERVICE-TASTE OF THE PRAIRIE. 160.00 34682 LYNDELL FREY MILEAGE-YOUTH RECREATION. 216.72 34683 DUSTIN GAYN08574 MORGAN LN SERVICE-TEEN WORK PROGRAM. 47.78 34684 GENERAL OFFICE PRODUCTS CO CASSETTE/DICTAPHONE/MICROPHONE/PENS-FIRE 92. 19 DEPT/PENS/3 HOLE PUNCH/BUSINESS CARD PUNCH/COFFEE/CANDY-WATER DEPT. 34685 GRAINGER DUCT TAPE/GOGGLES/AEROSOL/ELEC TAPE/ 365.64 CABLES-FIRE DEPT. 34686 G & K SERVICES SHOP TOWELS-PARK MAINTENANCE UNIFORMS- 830.97 WATERDEPT/FLEET SERVICES. 34687 GOODYEAR COMMERCIAL TIRE & SVC TIRES/TUBES-FLEET SERVICES. 3196.54 34688 W W GRAINGER INC AIR FILTER-COMMUNITY CENTER. 90.39 34689 AISLINN GROEN SERVICE-TEEN WORK PROGRAM. 40.80 34690 GETTMAN COMPANY SUPPLIES-LIQUOR STORE I. 130.20 34691 MELISSA HAGGENMILLER SERVICE-TEEN WORK PROGRAM. 15.60 34692 HANSEN THORP PELLINEN OLSON INC SERVICE-MEDCOM BLVD/COLUMBINE/MEDCOM 332.33 EXTENSIONS. 34693 COLIN HARER SERVICE-TEEN WORK PROGRAM. 24.00 34694 MAREN HARLOW SERVICE-TEEN WORK PROGRAM. 40.80 34695 RYAN HARTSTEIN SERVICE-TEEN WORK PROGRAM. 61 .80 34696 HAWK DIRECT SALES LABLESHOP-FORRESTRY DEPT. 558.50 34697 HAYDEN MURPHY EQUIPMENT CO EQUIPMENT RENTAL-STREET DEPT. 798.75 34698 LAURIE HELLING MILEAGE-ADM RECREATION. 42.28 34699 HENNEPIN COUNTY TREASURER REPAIRS-SIGNAL SHOP. 228.93 34700 HENNEPIN COUNTY TREASURER PROPERTY OWNER MAINING LABELS-COMMUNITY 43.75 DEVELOPMENT DEPT. 34701 HENNEPIN COUNTY WASTE DISPOSAL-PARK MAINTENANCE. 20.97 34702 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT. 123.00 34703 HENNEPIN COUNTY SHERIFF JULY 1995 BOOKING FEE-POLICE DEPT. 643.78 34704 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT/STREET DEPT- 123.48 FIRE DEPT. 34705 HIRSHFIELDS PAINT MFG FIELD MARKING PAINT-PARK MAINTENANCE. 777.46 34706 AMY HOBLIT SERICE-TEEN WORK PROGRAM. 58.50 34707 HONEYWELL INC SECURITY MAINTENANCE AGREEMENT-LIQUOR 249.54 STORE II. 34708 ICMA DISTRIBUTION CENTER TRAINING-CITY HALL. 1.50 1249611 SEPTEMBER 19, 1995 10. SEPTEMBER 19, 1995 VI 34709 INLAND TRUCK PARTS CO BEARING-FLEET SERVICES. 39.79 34710 J A HANDY CRAFTS INC SUPPLIES-YOUTH RECREATION/AFTERNOON 43.48 ADVENTURE. 34711 TERRANCE JEFFREY MILEAGE-TREE INSPECTOR FORRESTRY DEPT. 125.44 34712 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 51 .00 34713 CRAIG JERDE SERVICE-ATTENDANT/HOST/SOFTBALL OFFICIAL 295.00 FEES PAID. 34714 ADAM JUSTIC SERVICE-TEEN WORK PROGRAM. 22.20 34715 J J KELLER & ASSOC INC AMERICANS WITH DISABILITIES PUBLICATION- 58.24 SAFETY DEPT. 34716 KRISTEN KELLY SERVICE-TEEN WORK PROGRAM. 42.00 34717 KENNAMETAL INC SNOW PLOW BLADE-FLEET SERVICES. 5362.81 34718 KENNETH COMPANIES SERVICE-CEMETARY OPERATIONS. 600.00 34719 ED KERBER SERVICE-PLOWING OF RICE MARCH LAKE PARK. 400.00 34720 KILLMER ELECTRIC COMPANY INC REPAIR PIPE FEEDING SIREN-STREET 803.98 MAINTENANCE. 34721 SCOTT KIP PARKING FEE-METRO AIRPORT COMMISSION 2.00 MEETING. 34722 LASA KLOCKZIEM SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 306.00 34723 ERICA KUCHERA SERVICE-TEEN WORK PROGRAM. 30.30 34724 LAB SAFETY SUPPLY LATEX GLOVES-UTILITIES/GLOW IN THE DARK 178.68 TAPE-FACILITIES. 34725 LAGERQUIST CORP HYDRO LOAD SAFETY TEST-WATER TREATMENT 260.00 PLANT. 34726 LAKELAND FORD TRUCK SALES INC PLATE/SPEEDO ASSEMBLY-FLEET SERVICES. 180.69 34727 LAKE REGION VENDING SUPPLIES-LIQUOR STORE I/LIQUOR STORE II/ 2305. 10 LIQUOR STORE 111/3437. 34728 LAMETTRYS COLLISION DOOR SHELL/HINGE UPPER/HINGE LOWER/ 840.07 CORROSION PROTECTION/COLOR BLEND-FLEET SERVICES. 34729 CYNTHIA LANENBERG MILEAGE-FIRE DEPT. 77.28 34730 LANO EQUIPMENT INC WEARBAR/SED BOWL/CAP/BELT-FLEET SERVICES 476.02 PIC PULLER/PIC ASPHALT-STREET MAINTENANCE. 34731 FRANK LAVALLE SERVICE-SOFTBALL OFFICIAL/FEES PAID. 437.50 34732 JENNEY LAVIGNE SERVICE-TEEN WORK PROGRAM. 49.50 34733 DAVID LINDAHL MILEAGE-COMMUNITY DEVELOPMENT. 23.80 34734 LIONS TAP MEETING EXPENSES-FIRE DEPT. 280. 12 34735 STEVE LUCAS PHOTOGRAPHY SUPPLIES-CITY HALL. 85.20 34736 LONG LAKE TRACTOR & EQUIPMENT CABLE/TIE ROD ENDS/GASKETS-FLEET SERVICES 1291 .62 EQUIPMENT RENT-UTILITIES. 34737 LUSIAN ELECTRIC REPAIRS-LIQUOR STORE I. 185.86 34738 ANGIE MACDONALD SERVICE-TEEN WORK PROGRAM. 72.00 34739 MACQUEEN EQUIPMENT INC MUFFLER-FLEET SERVICES. 182. 12 34740 KENDRA MARTENSON SERVICE-TEEN WORK PROGRAM. 56.00 34741 LUANN MASCARENAS SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 51 .00 34742 MASYS CORPORATION COMPUTER MAINTENANCE AGREEMENT-POLICE 1429.70 DEPT. 34743 MATTS AUTO SERVICE INC MOVING CARS TO SEAL COAT AND SWEEP-STREET 223.00 MAINTENANCE. 34744 RJ MAURER CONST INC SERVICE-INSTALL CABINET AND COUNTERTOP/ 287.50 COMMUNITY CENTER. 1715500 SEPTEMBER 19, 1995 11 . SEPTEMBER 19, 1995 VI 34745 MAXI-PRINT INC SUPPLIES-POLICE DEPT. 852.64 34746 SARAH MCCANN SERVICE-TEEN WORK PROGRAM. 12.60 34747 MOLLY MCCOY SERVICE-TEEN WORK PROGRAM. 28.80 34748 BJORN MCGILLAN SERVICE-TEEN WORK PROGRAM. 25.35 34749 CASSIE MCMILLEN SERVICE-TEEN WORK PROGRAM. 9.60 34750 MENARDS PLASTIC WOOD/PRIMER/TOILET PAPER ROLLER/ 133.37 FANS-CITY HALL INSECT SPRAY-PARK MAINTENANCE BOARD-STREET MAINTENANCE. 34751 MEDICINE LAKE LINES TRANSPORTATION-SENIORS STATE FAIR TRIP. 170.00 34752 MEDICINE LAKE TOURS TOUR TICKETS-ADULT PROGRAM FEES. 286.00 34753 STEVE MEENDERING SERVICE-TEEN WORK PROGRAM. 91.20 34754 METRO RESOURCES UNLIMITED SERVICE-CONTRACTED LABOR/FORRESTRY DEPT. 160.00 34755 METRO SALES INC MAINTENANCE AGREEMENT PRIPORT-COMMUNITY 258.00 CENTER. 34756 METROPOLITAN COUNCIL REIMBURSEMENT LOAN AGREEMENT L 91 2 RED 134746.37 ROCK SHORES OUTLOT B. 34757 MIDAS BRAKE & MUFFLER EXHAUST PIPES/MUFFLERS/TAIL PIPES/CLAMPS- 140.60 FLEET SERVICES. 34758 MIDWEST ASPHALT CORP ASPHALT/CONCRETESAND/GRAVEL-STREET 3312.98 MAINTENANCE. 34759 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT. 3114.51 34760 MIDWEST MACHINERY INC EQUIPMENT REPAIR-FLEET SERVICES. 56. 10 34761 MIDWEST RINO LININGS BED LINER FOR FORD-FLEET SERVICES. 511 .93 34762 HEATHER MILLER SERVICE-TEEN WORK PROGRAM. 39.00 34763 HERMAN MILLER INC OFFICE/WORKROOM FURNITURE-SENIOR CENTER. 1725.30 34764 MINNESOTA BUSINESS FORMS SUPPLIES-CITY HALL. 1297. 13 34765 MN FOUNDATION FOR BTR HEARING SERVICE-ADAPTIVE RECREATION PROGRAM. 264.00 34766 MINNESOTA SAFETY COUNCIL TRAINING-FIRE DEPT/SENIOR CENTER. 1399.97 34767 MIRCLE RECREATION EQUIPMENT WOOD LOCK/SOCKET SET-PARK MAINTENANCE. 58.39 34768 PHILLIP MITCHELL SERVICE-TEEN WORK PROGRAM. 42.30 34769 MOORE MEDICAL CORP GLOVES-FIRE DEPT. 254.00 34770 MTI DISTRIBUTING CO CASTOR FORK/LOCKNUT-PARK MAINTENANCE. 132.25 34771 WM MUELLER & SONS INC GRAVEL/SAND-PARK MAINTENANCE-STREET 2598. 17 MAINTENANCE-UTILITIES. 34772 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-HUMAN RESOURCES DEPT. 493.83 34773 THE NOISE FREE COMPANY ANTI SQUEAL-FLEET SERVICES. 123.80 34774 NORTH STAR ICE SUPPLIES-LIQUOR STORES. 1848.81 34775 NORTHERN ANVIL/PHILLIPS BIT SET/BRUSHES/CORDS/ 104.04 CABLE TIES/GAUGES/ROPE-UTILITIES. 34776 OFFICETEAM SERVICE-CITY HALL. 910.80 34777 0 KEEFE INC SERVICE CABINET-COMMUNITY CENTER. 980.00 34778 OLYMPIC ELECTRIC CO REPAIRS-CITY HALL. 181 .85 34779 OPM INFORMATION SYSTEMS SERVICE-CITY HALL/FIRE DEPT. 155.00 34780 HARRY ORTLOFF SERVICE SAFTBALL OFFICIAL/FEES PAID. 280.00 34781 OWENS SERVICE-COMMUNITY CENTER. 396.24 34782 PARAGON CABLE MPLS SERVICE. 70.35 34783 PARK NICOLLET MEDICAL CENTER TESTING-FIRE DEPT. 1068.00 34784 PARROTT CONTRACTING INC SERVICE-DITCH CLEANING-UTILITIES. 585.00 34785 PEPSI-COLA COMPANY CONCESSION STAND SUPPLIES-SKATING RINK. 154.85 34786 CONNIE PETERS MILEAGE-COMMUNITY CENTER. 16.24 15908937 SEPTEMBER 19, 1995 12. SEPTEMBER 19, 1995 VI 34787 PINK COMPANIES SUPPLIES-CITY HALL. 446.96 34788 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORES. 113.95 34789 PITNEY BOWES POSTAGE METER RENTAL-CITY HALL. 237.44 34790 PLEHAL BLACKTOPPING INC EQUIPMENT RENTAL-STREET MAINTENANCE. 3510.50 34791 POLITICS IN MINNESOTA DUES-CITY HALL. 40.40 34792 KATHLEEN PORTA MILEAGE-ADMINISTRATIVE SERVICES. 10.64 34793 POSITIVE CONTROL SYSTEMS INFORMER V MULTI MESSAGE CALLER ID-POLICE 2500.00 DEPT. 34794 PR NEWSWIRE BROADCAST NEWSCLIP SERVICE. 34.63 34795 POWERTEX SPORTSWEAR INC YOUTH RECREATION- T SHIRTS/DAY CAMP/ 320.81 SPORTS CAMP. 34796 PRAIRIE CYCLE & SKI BIKE TUBE-POLICE DEPT. 19. 11 34797 PRAIRIE ELECTRIC COMPANY INC REPAIRS-COMMUNITY CENTER. 545.41 34798 PRAIRIE OFFSET PRINTING PRINTING EXPENSE-RESPECTING DIVERSITY AND 317.00 HUMAN RIGHTS PLEDGE SHEETS AND LOGO/ PRINTS FOR BALLOON ART. 34799 PRM STREET STRIPING-STREET MAINTENANCE. 2185.24 34800 QUALITY FLOW SYSYTEMS BEARINGS/SHOP SUPPLIES/SEAL/0 RING KIT/ 1517.90 WASHERS-WATER DEPT. 34801 QUALITY WASTE CONTROL INC WASTE DISPOSAL SERVICE-COMMUNITY CENTER/ 387.64 LIQUOR STORE II. 34802 RAINBOW FOODS EXPENSES-OUTDOOR CENTER. 53.28 34803 ASHA RAMLER SERVICE-TEEN WORK PROGRAM. 90.60 34804 REAL ESTATE JOURNAL SUBCRIPTION-ASSESSING DEPT. 65.00 34805 REAL GEM JEWELRY AND AWARDS AWARDS-CITY COUNCIL. 40.47 34806 RECREONICS INC TWO LIFEGUARD CHAIRS-COMMUNITY CENTER. 2763.04 34807 RICCAR HEATING REFUND-MECHANICAL PERMIT FEE. 96.45 34808 RICHARDS ASPHALT COMPANY PATCHING ASPHALT-STREET MAINTENANCE. 884.38 34809 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-WATER TOWER/SERVICE-GOLDEN RIDGE 20696.58 RD CONSTRUCTION/SUNNYBROOK ROAD DESIGN. 34810 RITZ CAMERA FILM/FILM DEVELOPING-STREET MAINTENANCE/ 113. 13 ENGINEERING DEPT. 34811 LAURA ROFSHUS SERVICE-TEEN WORK PROGRAM. 208.20 34812 ROGERS SERVICE STARTER-FLEET SERVICES. 90.20 34813 ROLLINS OIL CO FUEL-FLEET SERVICES. 6535. 14 34814 ROOT-O-MATIC SEWER SERVICE FLOOR DRAIN REPAIR-TECHNOLOGY DR STORAGE 55.00 BLDG. 34815 RYANS RUBBER STAMPS RUBBER STAMP-ENGINEERING DEPT. 12.50 34816 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-ORGANIZED ATHLETICSDEPT/ 129.91 ADAPTIVE RECREATION DEPT/ELECTIONS DEPT/ 4TH OF JULY CELEBRATION. 34817 SALLY DISTRIBUTORS INC BALLOONS-SPECIAL EVENTS PROGRAM. 70.38 34818 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT. 775.41 34819 SCHERSTAD SYSYEMS VIDEO CASSETTE TAPES-FIRE DEPT. 605.78 34820 SEARS HAMMER-FIRE DEPT. 102.98 34821 SHAKOPEE VALLEY PRINTING COMMUNITY BROCHURES. 20.00 34822 SIGNATURE CONCEPTS INC POLO SHIRTS/RUGBY SHIRTS-POLICE DEPT. 69.47 34823 SIR SPEEDY PRINTING CENTER PRINTING-FALL PROGRAM BROCHURE-OUTDOOR 233.60 CENTER PROGRAMS. 34824 ERIC SIT SERVICE-TAE KWON DO INSTRUCTOR/FEES PAID. 324.80 4622393 SEPTEMBER 19, 1995 13. SEPTEMBER 19, 1995 VI 34825 SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 85.00 34826 FUEL/GREASE/SEMIFLUID-PARK MAINTENANCE- 124.25 STREET MAINTENANCE-FLEET SERVICES. 34827 SNAP-ON TOOLS CORPORATION SOCKET/CLAMP-FLEET SERVICES. 61 .35 34828 SNELL MECHANICAL JULY 1995 BILLING MAINTENANCE CONTRACT 549.00 HVAC EQUIPMENT-COMMUNITY CENTER. 34829 SNYDER DRUG SUPPLIES-POLICE DEPT. 31.38 34830 SNYDER DRUG SUPPLIES-YOUTH RECREATION. 20.74 34831 SOKKIA TWIST ERASOR/SURVEY EQUIPMENT REPAIR- 237.80 ENGINEERING DEPT. 34832 SOUTHAM BUSINESS COMMUNICATIONS LEGAL PUBLICATIONS-LIME SLUDGE REMOVAL/ 332.50 CONSTRUCTION BULLETIN-STREET IMPROVEMENTS. 34833 SOUTHWEST CONTRACTORS SUPPLY HAMMER/PAINT-UTILITIES. 138. 19 34834 BUS SERVICE-ADULT PROGRAM. 197.50 34835 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL. 638.75 34836 STAR TRIBUNE EARLY SUNDAY PAPERS FPR RESALE-LIQUOR 7.30 STORE III. 34837 STAR TRIBUNE POSTAGE-COMMUNITY CENTER PROGRAM 1216.00 BROCHURES. 34838 ALEXIS STARK SERVICE-TEEN WORK PROGRAM. 29.40 34839 STEINKRAUS PLUMBING REFUND-PLUMBING PERMIT. 202.50 34840 STEMPH FOUR WHEEL DRIVE SHIM-FLEET SERVICES. 12.43 34841 STOFFEL SEALS SUPPLIES-FIRE DEPT. 251 .63 34842 STRAP KIT/STRAPS/IRRITANT AEROSOL/ 482.51 PROJECTILE-POLICE DEPT FIREBEAM/STROBE DECKBLASTER-FLEET SERVICES. 34843 STRGAR ROSCOE FAUSCH INC SERVICE-DELL RD SOUTH AND SCENIC HEIGHTS 2523.73 RD. 34844 SUBURBAN CHEVROLET PUMP KIT/WHEEL/STARTER/SEAL ASM/HUB/NUT/ 1335.36 LEVER ASM/BELT/TENSIONER/PARTS LABOR FENDER AND DOOR-FLEET SERVICE/PUMP KIT/ WHEEL/STARTER/SEAL ASM/HUB/NUT/LEVER ASM/ BELT/TENSIONER/PARTS LABOR FENDER AND DOOR-FLEET SERVICE. 34845 SUPERIOR STRIPING PARKING LOT STRIPING-PARK MAINTENANCE. 650.00 34846 BJORN SVENDSEN SERVICE-TEEN WORK PROGRAM. 18.60 34847 SWEDLUND SEPTIC SERVICE WASTE DISPOSAL-OUTDOOR CENTER. 95.00 34848 ERIC SERVICE-TEEN WORK PROGRAM. 39.00 34849 JOHN TAGGERZ SERVICE-TEEN WORK PROGRAM. 9. 10 34850 TARGET STORES SUPPLIES-YOUTH RECREATION/ACTIVITY CAMP/ 202.31 HORSESHOES/AIRPUMP-PARKS DEPT. 34851 LEAANN THEILMAN SERVICE-ATTENDANT/HOST/FEES PAID. 162.50 34852 TIE SYSTEMS INC-MN PHONE EXTENSIONS RELOCATED-CITY HALL. 136.37 34853 TKDA & ASSOC INC SERVICES-ENTRANCE RD TO CITY CENTER. 2278. 11 34854 TOLL GAS & WELDING SUPPLY SUPPLIES-YOUTH RECREATION/AFTERNOON 1.36 PLAYGROUND. 34855 TOWN AND COUNTRY DODGE SEAL/LINKS/CAP ASSY/ROTOR-FLEET SERVICES. 111 .26 34856 TURNQUIST INC SUPPLIES-CITY HALL. 797. 74 34857 TRIARCO ARTS & CRAFTS INC SUPPLIES-YOUTH RECREATION/SPORTS CAMP. 25.77 34858 TWIN CITY OXYGEN CO OXYGEN-FIRE DEPT OXYGEN/ACETYLENE/ 141 .46 NITROGEN-FLEET SERVICES. 1314590 SEPTEMBER 19, 1995 14. SEPTEMBER 19, 1995 VI 34859 TONKA CYCLE AND SKI REPAIR-FITNESS EQUIPMENT/COMMUNIITY 4.95 CENTER. 34860 TRUGREEN-CHEMLAWN-MTKA LAWN SERVICE-FIRE STATION I AND II/SENIOR 306.40 CENTER. 34861 JOHN TRUEX SERVICE-TEEN WORK PROGRAM. 40.80 34862 TWIN CITY VACUME REPAIR VACUUM-CITY HALL. 397.67 34863 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT/FIRE DEPT. 393.65 34864 UNIVERSITY OF MINNESOTA PUBLICATIONS-ADAPTIVE RECREATION. 15.00 34865 UNLIMITED SUPPLIES INC NIPPLES/COUPLINGS/PIPE CAP/PIPE PLUG/ 170.30 NYLON BUTT CONNECTOR-FLEET SERVICES-PARK MAINTENANCE. 34866 TRIA VIKESLAND MILEAGE-ADAPTIVE RECREATION. 65.52 34867 VOSS LIGHTING LIGHTING SUPPLIES-COMMUNITY CENTER/PARK 256.60 MAINTENANCE. 34868 WACONIA FARM SUPPLY UREA/POTASH-PARK MAINTENANCE. 632.00 34869 LISA WAGNER SERVICE-INSTRUCTOR/BEGINNING RACKETBALL. 75.00 34870 JODI WALLEBECK SERVICE-TEEN WORK PROGRAM. 3.60 34871 WARNING LITES OF MN REFLECTIVE VESTS-SAFETY DEPT. 168. 12 34872 WASTE MANAGEMENT-SAVAGE SEPTEMBER 95 WASTE DISPOSAL-LIQUOR STORE 91 .96 I. 34873 WATERPRO ECR REGISTER/SLIP RISER/VB RISERS/FLG DIP- 2056.00 UTILITIES DEPT. 34874 WATER SPECIALTY OF MN INC POOL SUPPLIES-COMMUNITY CENTER. 338. 13 34875 WEATHER WATCH ANNUAL SERVICE-SNOW AND ICE CONTROL. 195.00 34876 WEST WELD VISE/BOLTS/WASHERS-FLEET SERVICES. 419.66 34877 WESTWOOD PROFESSIONAL SVCS INC SERVICE-EDEN PRAIRIE HIGH SCHOOL TRAFFIC 3624.00 STUDY. 34878 WAYERHAEUSER PAPER COMPANY SUPPLIES-CITY HALL. 12.00 34879 WORD PERFECT SUBCRIPTION-FLEET SERVICES. 24.00 34880 THE WORK CONNECTION SERVICE-PARK MAINTENANCE. 1240.96 34881 WORKING FIRE SUBCRIPTION-FIRE DEPT. 468.00 34882 COREY YEAROUS SERVICE-TEEN WORK PROGRAM. 171 .28 34883 VIKING ELECTRIC SUPPLY FUSES-COMMUNITY CENTER. 55.49 34884 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-PARK MAINTENANCE/ 121 .34 STREET MAINTENANCE. 34885 RYAN ZENT SERVICE-TEEN WORK PROGRAM. 48.60 34886 ZEP MANUFACTURING COMPANY PRESERVATIVE/CHOKE CARBURETOR CLEANER- 751 .62 FLEET SERVICES. 34887 ZIEGLER INC BACKHOE RENTAL-STREET DEPT. 645.39 34888 BRAD ZIOLA SERVICE-SOFTBALL OFFICAL/FEES PAID. 175.00 32953 VOID OUT CHECK 24.00- 34060 VOID OUT CHECK 90.70- 33962 VOID OUT CHECK 18.00- 34145 VOID OUT CHECK 114.52- 34223 VOID OUT CHECK 892.50- 34260 VOID OUT CHECK 118.80- 34278 VOID OUT CHECK 874.50- 34434 VOID OUT CHECK 100.00- 1170952 $1284183.24 SEPTEMBER 19, 1995 15. DATE: 09/19/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 7777. /l SECTION: Director of Public Works DEPARTMENT: ITEM DESCRIPTION: Public Works Outlot A, Glenshire Addition Eugene A. Dietz 1 Tax Forfeiture Status Report Requested Action: City Council is being requested to make a choice among what appears to be six alternatives regarding the disposition of Outlot A, Glenshire Addition. Those choices are as follows: 1. Do nothing 2. Legislation allowing Outlot A to be transferred to the City for park purposes 3. Legislation allowing for lot subdivision at north end and park over balance 4. Legislation allowing development of a wetland mitigation site 5. Same as No. 2 above, but neighborhood pay assessments 6. Entertain a neighborhood request, which may vary from all of the above. Background: In April, 1995, Hennepin County notified the public-at-large and area residents of the impending sale of Outlot A, Glenshire, at public auction due to tax forfeiture. The date of the scheduled auction was May 5, 1995. The action by Hennepin County was supported by the City of Eden Prairie in December, 1994. . Subsequently, the Department of Natural Resources (DNR) determined that this parcel of land was subject to provisions of Minnesota Statute 282.018, Subd. 1 -- lands bordering on or adjacent to public waters cannot be sold at auction. As a result, Hennepin County removed the parcel from the auction. During the same time frame, neighborhood residents requested that the City Council take action that would preserve the land in its current state. The City Council directed staff to request specific delineation of the wetland area and develop alternatives. The DNR and the Riley-Purgatory-Creek-Watershed District have delineated their respective jurisdictional areas and the information has been shown on a drawing that will be presented at the City Council meeting on September 19. Facts about the parcel are as follows: • Outlot A contains approximately 10.3 acres • DNR protected waters lying east of Edenvale Boulevard are approximately 3.7 acres (portions of which are on private property) • DNR protected waters on Outlot A are approximately 3.5 acres • Total acreage of non-wetland that is at least 33 feet away from protected waters is' approximately 5 acres • Value of special assessments at time of forfeiture: $81,747.41 Review of Alternatives: The balance of this memorandum reviews the first five alternatives listed above and a brief analysis of the pros and cons. DO NOTHING. This alternative does not bring final resolution to the issue and is probably not valuable to either the neighborhood or the City-at-large. In this case, the State of Minnesota would continue to own the property, there would be no recovery of special assessments and there would be no potential for tax revenue on the property. REOUEST OUTLOT A TRANSFER TO THE CITY FOR PARK PURPOSES. This may well be the first choice of the neighborhood. The City would not recover special assessments, lose any opportunity for future tax revenue, and be responsible for some level of maintenance/ liability (the maintenance would be minimal). LEGISLATION ALLOWING FOR LOT DEVELOPMENT. This appears to be the least favorite alternative for the neighborhood. However, utilizing the northerly 150 feet for development along Woodland Drive will impact less than 10% of the total property, "mirror" the home construction as it exists around two sides of the wetland, offer the possibility of collecting majority (if not all) of the special assessments against the property and allow the City to realize the collection of approximately $40,000 in on-going property taxes (in addition to the $160,000 of potential tax to the school district and county). LEGISLATION ALLOWING WETLAND MITIGATION. This is a new concept that may lend itself well as an alternative for the site. Whenever we construct roadway improvements through wetland areas, we must replace the lost wetland on a 2:1 basis. Since the property contains nearly five acres of non-wetland area, regrading a portion of the site could relatively easily create wetland. Although it would be unlikely to utilize all five acres, perhaps 3.5 or four acres may easily be done. When a project such as Columbine Road is constructed through a wetland, this four acres "bank" would be the mitigation site for the work. Since we would have to acquire property elsewhere, the cost of acquisition can be weighed against the loss of special assessments and potential tax income on this Outlot A parcel. NEIGHBORHOOD PAY ASSESSMENTS. This was an alternative that came up at our meeting with the neighborhood. If 40 properties were to be assessed an equal share of $80,000, the result would be a$2000 assessment against each and with a 20-year assessment period the annual principal payment would be $100. With an 8% simple interest rate, the first-year interest payment would be $160 and decreasing thereafter. Summary: Five alternatives exist for disposition of Outlot A, Glenshire Addition. The neighborhood residents may well propose other options for your consideration at the Council meeting. Except for the "do nothing" alternative, virtually all the alternatives will require special legislation to change the ownership from the State of Minnesota to either the City or a private party for portions of the property. Although special legislation sounds ominous, DNR advises me that approximately seven counties go through this process every year for one to three parcels each. We obtained special legislation in 1995 to acquire ownership of a parcel along the creek in the Bluffs East area. If we are to pursue any option other than Number 1, it will be necessary to make a decision soon enough to allow drafting of legislation for submittal to the short session scheduled for February, 1996. I will be present at the Council meeting to address the alternatives in more detail. cc: Gary Diamond GLENS HIRE-EDENVALE OPEN SPACE Prepared by members of the Glenshire-Edenvale Conservation Group for The Eden Prairie City Council Mayor, Dr. Jean Harris Ron Case Nancy Tyra-Lukens Patricia Pidcock Ross Thorfinnson Jr. and appropriate City Staff and interested citizens The enclosed materials relate to the Tuesday September 19th City Council Meeting and a proposal concerning Land Parcel No. 09-116-22-12-006 (east of Edenvale Boulevard between Woodland and Sunshine Drives) at the Eden Prairie City Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 (call 949-8300 for the agenda schedule) " The most important resource of the developing ring[of suburbs]is that it offers a desirable combination of rural amenities and urban services. Orderly development is imperative if this resource is to be preserved. ... Planning and land use decisions should revolve around the question of how to create quality, sustainable communities which are healthy not only for us, but for future generations." Eden Prairie Guide Plan Update September 1976- August 1977 GLENSHIRE-EDENVALE OPEN SPACE The nearly 10 acres of natural open space(Parcel No. 09-116-22-0066) on the east side of Edenvale Boulevard between Sunshine and Woodland Drives is a widely acknowledged asset in north central Eden Prairie. As you know,it is protected from sale or development by Minnesota State Law. And, as you also know, the Eden Prairie Department of Public Works wants special legislation passed that would permit the open space to be placed on public auction so that the northern portion of it could be opened for residential development. A great number of Glenshire-Edenvale neighborhood residents want the land to remain a protected, natural open space. No one, other than the Director of Public Works,has publicly shown any interest in re-classifying any part of the parcel for residential development. The Glenshire-Edenvale group wants to keep the entire parcel protected as a natural open space and strongly recommends that the City Council not permit any City initiative with the State Legislature or other initiatives with Hennepin County that would compromise the natural integrity of the entire parcel. In addition to the many quality-of-life aspects such a natural area contributes to Eden Prairie,The Glenshire-Edenvale Conservation Group wants the City Council to also consider the following: Citizens already own the open space: The natural open space is currently owned by the people of Eden Prairie as citizens of the State of Minnesota. At a time when the real estate market value of open space in Eden Prairie is high and the public's desire to protect such open space from development is high, it makes good sense to not meddle with the nearly 10 acres in any way except, perhaps, to guarantee its protected status with a conservation easement. Leaving it as is will not require a bonding referendum or tax hike. Developing a portion of it will permanently denigrate the natural integrity of the parcel and be an additional burden for all city taxpayers. (Page 1 of 4) GLENSHIRE-EDENVALE OPEN SPACE (continued): As it stands now, the parcel under consideration is an undeniable bargain, even a gift, at a time when the City has had to put on hold for lack of funds, the purchase of open spaces such as the Klein/Peterson property in southwestern Eden Prairie. The value of open space: The Minnesota County Biological Survey, estimates that less than 2% of the native plant communities found in Hennepin County have survived from pre-pioneer days. North central Eden Prairie is a commendably balanced mix of some of these plant communities and a variety of homes, town houses, condominiums, apartments, offices, warehouses and light industry. The woodlands, marshes, recreational parks and remnant meadows along Edenvale Boulevard, Woodland Drive and other roads are critical to the character of and quality of life in this part of the city as well as to the wider community. As The City of Eden Prairie continues to fill up, these remaining natural open spaces, become even more valued by current residents and more important to save for future generations simply for what they are, natural open spaces. Natural areas that have come into public ownership, like the parcel under consideration, should never be put in harms way for the temporary recovery of small amounts of revenue. City Revenue: Permitting the development of any portion of the area will likely have little affect on the city's future revenues. The City of Mound, for example, in considering tax forfeited parcels as potential conservation areas found that "... the indirect costs related to property taxes should not be a major factor in decisions because of their minimal effect on municipal revenues." City of Mound: Nature Conservation Areas Plan, 8/10/93. And according to property tax tables for Sunshine Drive, a$180,000 house on a typically sized lot on the north part of the open space that the Department of Public Works would open up for development, would yield only about $900 a year in revenue to the City of Eden Prairie. That's not much money. And, recent tax revenue studies in Lake Elmo, Independence and Farmington by the Land Stewardship Project suggests that residential development will cost more to service than it will return in taxes when schools, law enforcement, safety and other costs are factored in. With residential development, taxes go up. It is suggested that the city persue revenue (Page 2 of 4) GLENSHIRE-EDENVALE OPEN SPACE from the more generous sources of commercial and industrial development. (continued): No tree or plant replacement costs will likely to ever be absorbed by the city if the entire tract is kept natural; the parcel is an evolving, self-sustaining, natural area. More over, Bob Lambert, Director of Parks and Recreation, City of Eden Prairie, says that the annual cost for maintaining such an area would be minimal. Minor expenses might result from removing diseased trees, noxious weeds and illegally dumped refuse. If an illegal dumper is found, he/she would be fined or assessed for the costs of the clean up. As is the custom in many Eden Prairie neighborhoods, volunteer school and community groups can be expected to organize seasonal litter pick-ups. Long Term Home Values & Tax Base: Keeping the entire open space natural will keep the value of homes higher over the long run. The 1991 American Housing Survey (U.S. Bureau of the Census) found that location within 300 feet of open water increases the value of a "standard" home (1,900 square feet, 3 bedrooms, 2 bathrooms, 3 other rooms, a basement and a garage) by 27.8%. An informal survey of several real estate agencies indicates that homes located in neighborhoods with open space command higher prices. A report recently completed by the Hennepin County Parks and Public Works Commission found "overwhelming historical evidence" that natural areas, served by, say, recreational trails, enhance the long term tax base of existing neighborhoods, especially those that are in maturing cities and suburbs. The implication for Eden Prarie's future is clear. Glenshire is already compensating the City for the special assessments claimed on the north part of the open space: The City of Eden Prairie is collecting more in property taxes from Sunshine Drive alone than it was projecting back in 1988, when the special assessments that are attempted to be recovered were applied (See tables). Glenshire was approved for homes averaging about $150,000 in value on modestly sized lots. The lot sizes have remained the same, but the homes actually built in Glenshire have a higher, average value of $175,678. The City is therefore collecting more taxes from Glenshire than it had planned to collect when the special assessments were originally determined. In just 9 years, from 1995 through 2004, Sunshine Drive home owners will have paid $87,894 in property tax dollars to the City of Eden Prairie, exceeding by nearly $6,000, the $82,000 maximum in special assessments sought by the Public Works Department from some hypothetical developer of the northern part of the protected natural area. (Page 3 of 4) GLENSHIRE-EDENVALE OPEN SPACE If the City Council is concerned about the dollar costs of developing the north part of the open space, it should be provided with answers to the following questions: 1. What would the cost to The City be in hours of labor, materials and fees to draw up a bill for the special legislation to release the land for auction and then to lobby the Legislature to support the bill. 2. What would be the costs of an environmental impact study? 3. How much is the Department of Public Works willing to reduce its claim of special assessments to attract any potential owner-developer in the likely event that the property require expensive soil preparations, nurp-ponding and other mod- ifications? In other words, is the goal of recovering $81 thousand dollars realistic? 4. Will the small expansion of the tax base obtained by developing the northern part of the open space generate enough new revenue on its own to pay for the additional public works, safety and school services from all the levels of government needed by the new, additional residents? Again, as a concerned group of citizens from the Glenshire- Edenvale section of Eden Prairie, we urge you, as a member of the City Council,to not permit the City of Eden Prairie to persue initiatives that would alter the status of Parcel No. 09-116-22-12-0066 in any way that would threaten its natural qualities. Thank you in advance for your consideration and support. Jeff Strate 949-8980 15021 Summerhill Drive Eden Prairie, MN 55346 For The Glenshire-Edenvale Conservation Group (Page 4 of 4) w 1995 HOM: STEAD TAXES Paid by Gle shire Residents Taxes on Difference Market $150,000 X 24.09% Address Value Taxes Home Difference to City of EP 7100 Sunshine Drive $165,700 $3,548` $3,119 $429 $103 7103 Sunshine Drive $143,200 $2,934 $3,119 ($185) ($45) 7112 Sunshine Drive $196,100 $4,379 $3,119 $1,260 $303 71XX Sunshine Drive $180,000 $3,939 $3,119 $820 $197 7124 Sunshine Drive $214,800 $4,889 $3,119 $1,770 $426 71XX Sunshine Drive $180,000 $3,939 $3,119 $820 $197 7136 Sunshine Drive $206,100 $4,652 _ $3,119 $1,533 $369 71XX Sunshine Drive , $195,000 $4,348 $3,119 $1,229 $296 7148 Sunshine Drive $200,800 $4,507 $3,119 $1,388 $334 7151 Sunshine Drive $156,400 $3,294 $3,119 $175 $42 7160 Sunshine Drive $184,900 $4,073 $3,119 $954 $230 7163 Sunshine Drive $176,800 $3,851 $3,119 $732 $176 7172 Sunshine Drive $202,100 $4,542 $3,119 $1,423 $343 7175 Sunshine Drive $152,200 $3,179 $3,119 $60 $15 7183 Sunshine Drive $154,000 $3,229 $3,119 $110 $26 7184 Sunshine Drive $182,100 $3,996 $3,119 $877 $211 7191 Sunshine Drive $145,700 $3,002 $3,119 ($117) ($28) 7196 Sunshine Drive $211,500 $4,799 $3,119 $1,680 $405 7199 Sunshine Drive $181,400 $3,977 $3,119 $858 $207 7204 Sunshine Drive $196,200 $4,381 $3,119 $1,262 $304 7207 Sunshine Drive $136,100 $2,740 $3,119 ($379) ($91) 7215 Sunshine Drive $173,700 $3,767 $3,119 $648 $156 7216 Sunshine Drive $209,500 $4,745 $3,119 $1,626 $392 7223 Sunshine Drive $179,100 $3,914 $3,119 $795 $192 7228 Sunshine Drive $209,400 $4,742 $3,119 $1,623 $391 7231 Sunshine Drive $146,100 $3,013 $3,119 ($106) ($26) 7240 Sunshine Drive $168,900 $3,636 _ $3,119 $517 $124 7243 Sunshine Drive $136,900 $2,761 $3,119 ($358) ($86) 7252 Sunshine Drive $189,500 $4,198 $3,119 $1,079 $260 7255 Sunshine Drive $161,200 $3,425 $3,119 $306 $74 7264 Sunshine Drive $195,900 $4,373 $3,119 $1,254 $302 7267 Sunshine Drive $153,300 $3,209 $- 3,119 $90 $22 7276 Sunshine Drive $193,200 $4,299 $3,119 $1,180 $284 7288 Sunshine Drive $189,000 $4,185 $3,119 $1,066 $257 7299 Sunshine Drive $173,100 $3,750- $3,119 $631 $152 7300 Sunshine Drive $185,100 $4,078 $- 3,119 $959 $231 7307 Sunshine Drive $169,300 $3,646 $3,119 $527 $127 7312 Sunshine Drive $174,900 $3,799 $3,119 $680 $164 7315 Sunshine Drive $136,600 $2,753 $3,119 ($366) ($88) 7324 Sunshine Drive $185,500 $4,089' $- 3,119 $970 $234 7301 Moonlight Lane $169,400 $3,649 $3,119 $530 $128 7308 Moonlight Lane $163,700 $3,493 $3,119 $374 $90 7313 Moonlight Lane $156,200 $3,289 $- 3,119 $170 $41 7320 Moonlight Lane $160,900 $3,417 $3,119 $298 $72 7325 Moonlight Lane $164,000 $3,502 $- 3,119 $383 $92 $171,930 : $140,355 $31,575' $7,607 Avg. Glenshire home= $175,678 $3,821 $3,119 $702 TAXES PAID BY GLENSHIRE RESIDENT in Excess of Those Paid by $150,000 Ho es Taxes on _ 45 Homes_ Difference Total Excess Glenshire Valued at _ X 24.09% Taxes Paid Year Taxes $150,000 Difference to City of EP 1995-2006 1995 $171,930 $140,355 a $31,575 $7,606 $7,606 1996 $178,409 $145,898 $32,511 $7,832 $15,438 1997 $185,082 $151,595 $33,487 $8,067 $23,505 1998 $191,955 $157,464 $34,491 $8,309 $31,814 1999 $199,034 $163,508 $35,526 $8,558 $40,372 +000 $206,325 $169,734 $36,591 $8,815 $49,187 +001 $216,836 $176,147 $40,689 $9,802 $58,989 +002 $221,571 $182,752_ $38,819 $9,351 $68,341 +003 $229,539 $189,555 $39,984 $9,632 $77,973 +004 $237,746 $196,562 $41,184 $9,921 $87,894 +005 $246,199 $203,779- $42,420 $10,219 $98,113 +006 $254,905 $211,213 $43,692 $10,525 $108,638 $108,638 Using 3% increase in market va,ue/year OLENSHIRE-EDENVALE OPEN SPACE Eden Prairie News 5/4/95 f .dam y • y •�2a �sFa •'a i�, w a :�Y'a A.y � 'r Y . ,"; � F Y � ,. ? a,z Fz`A si ,.,,s'g' : ,' � a' ' ' , :' 'I ' " a, . y s n kr _ fix. ";�-� \ . - w, "d, � •'�h.x ad;h fit* d "'� y r 7'•„ ha 3 a�F"i ) �c ad y X `� l ¢AV <': ' . N r k $." b � Sad, .11 a . a3 �' ebb ..� .��;" � ' '` d, � 3 JEFF STRATE of the West Metro Chapter of the Minnesota Land Trust(center)discusses a neighborhood wetland area with Glenshire Addition residents(from left)Noella Shea, Kathy Diamond,Steve Shea,Gary Diamond and Mike Enright. They are among neighbors attempting to block the public sale and development of land near their homes.(Photo by Mark A.Weber) Neighbors, cit at odds over vacant land By Mark A.Weber potential. Development would allow the What the county and city apparently A vacant,9-acre parcel of Eden Prai- city—and its taxpayers.— to recoup at didn't know is that state Department of rie property admired by its neighbors was least a part of that outstanding bill. Natural Resources(DNR)maps show the hastily removed from Hennepin Coun At issue is an 8.7-acre remnant at the property,which has a sizable pond on it, ty's auction block last,week.But nearby corner of Edenvale Boulevard and Wood- to be a protected water—and thus ineli- residents fear that's only the first step in land Drive, in the Glenshire Addition of gible for the public auction. It took con- s battle over the land's future. north central Eden Prairie. Hennepin cerned Sunshine Drive residents to make The city of Eden Prairie,owed near County took ownership of the vacant par- that discovery,and once they did the coun- ty$82,000 in special assessments before cel last year after taxes went unpaid and, ry hurriedly pulled the property off its auc- the property was forfeited to the county with the city's blessing,placed it on a list lion list. ibecause of unpaid taxes, has vowed to of county parcels that will be auctioned to VACANT LAND tb page 15 further study the parcel's development the public this Fri y.,,.,rr„: GLENSHIRE-EDENVALE OPEN SPACE Eden Prairie News 5/4/95 Thursday, May 4, 1995. Vacant land Continued from front Now,however,Eden Prairie city over the site to protect it in perpe- officials have asked the DNR and tuity. the Riley-Purgatory-Bluff Creek "We don't want to give it to the Watershed District to examine that city knowing what their intentions parcel first-hand to see if a portion are,"stated one of those neighbors, is far enough from the pond to be Kathy Diamond,who said residents developed. have hired a land-use attorney "We will try to get that wetland through the West Metro Chapter of area delineated,and find out what's the Minnesota Land Trust. out there," said Public Works Di- "We're going to continue to pur- rector Gene Dietz."There still could sue options,"she added. be some land on the fringe that's not Neighbors say the property not DNR-regulated." only acts as a buffer between their Dietz said development of the homes and busy Edenvale Boule- pond's northern end into three or yard, but is also a magnet for wa- four single-family home lots is seen terfowl and other wildlife. Jeff by city officials as a way to recoup Strate,a land trust member who is some of the$81,747 in special as- moving into the neighborhood this sessments owed Eden Prairie — summer,says the benefit extends to without damaging the wetland pond a wider area. that neighbors want protected.Even "It's really much more valuable if the land were sold and a develop- to a neighborhood greater than Sun- ment plan were devised,he added, shine Drive," Strate said. "Some no construction could commence people don't realize the visual im- without a public hearing before the pact and wonder of things like these. city council. Everyone in this part of Eden Prai- Though the laws are unclear, rie benefits from having that there." Jeffrey Hanson, a program opera- With DNR officials expected to tions manager with the DNR's Bu- examine the outlot as early as Tues- reau of Real Estate Management, day,residents say they're disturbed Said it appears that splitting the to see the city pursuing the devel- property so that part could be de- opment course. veloped would be difficult—and "They're spending money to might require special legislation. make a determination because they But neighbors—some of whom want to get those lots and sell them," have lived in the neighborhood said Gary Diamond. since 1989—say they oppose any "It would be better to channel development,and will ask the coun- their resources into something else." ty to place a conservation easement GLENSHIRE-EDENVALE OPEN SPACE Eden Prairie News, 8/?/95 City: Part of vacant land neighbors want left untouched can be developed ■Eden Prairie officials say the city council it's important to pre- a portion is developable. state legislation would be serve it as is, and not go forward to What the city has learned is that needed to divide and sell the state Legislature," he said. "We several acres are,indeed,developable need to approach council members if soil corrections are made,accord- property at Woodland and we're going to do that." ing to city Public Works Director Drive and Edenvale Boule- Residents have already rescued Gene Dietz. He has suggested that yard in north-central EP. the 10-acre parcel once. four residential lots could be built at After taxes went unpaid and the the Woodland Drive-Edenvale Bou- By Mark A.Weber property was forfeited by its former levard intersection and still preserve As Eden Prairie city officials ex- owner, it was placed it on a list of the pond that neighbors say is a buff petted,studies show that part of a 10- parcels to be auctioned to the public er from development and a magnet for acre Glenshire Addition parcel con- at a Hennepin County auction last wildlife. May. Those lost special assessments are taining public waters is able to be de- What Hennepin County and the a concern,according to Dietz."With- veloped into residential lots. But city apparently didn't know is that out a doubt," he said, "the primary neighbors say they'll continue to urge state Department of Natural Resourc- driving force at the staff level is,we the city council to leave that vacant es (DNR) maps show the property, have dollars on this thing." property alone. which has a sizable pond on it, is a Dietz said that if the property were They have until at least mid-Sep- protected water—and thus ineligi- sold,the city might attach conditions tember, when the city council is ex- ble for the public auction.It took con- to the sale that would save as many petted to debate whether to seek spe cerned Glenshire Addition residents trees as possible on the site. cial state legislation allowing the to make that discovery,and once they The city official said another op- property—now in the slate's hands did the county hurriedly pulled the tion would be for neighbors to pur- -to be partially developed. property off its auction list. chase the 10-acre parcel and pay for The sale and development of the Also, because of the public wa- it over a 20-year period. uplands portion,near the intersection of Edenvale Boulevard and Woodland ters on the property, the DNR's Bu- But Diamond says the pond and reau of Real Estate Management has open space benefit the many who Drive, would allow the city — and taxpayers—to recoup at least a part said splitting the parcel so that part drive by it, not just adjacent neigh- of the nearly $82,000 in special as- can be developed would require spe- bors. sessments owed the city by a prior cial legislation. "My wife and I don't live on the landowner. Since May,the city has asked the pond side.But whenever I drive by,I DNR and the Riley-Purgatory-Bluff get the benefit of seeing that woodsy But neighbor Gary Diamond says Creek Watershed District to carefully spot,"he said."We view this as some- the property is more valuable as un- measure the public waters and wet- thing for the entire community." developed open space. land portions of the site to find out if "We definitely want to convince GLENSHIRE-EDENVALE OPEN SPACE Eden Prairie News, 8/?/95 E f's green space Acre by acre,Eden Prairie's green space is disappearing,all in the name To the editor: of increased city revenues.They call I am writing to express my con- it maximizing utility—I call it short- cern over the future development of sightedness.Didn't the people speak Eden Prairie.Admittedly,this concern last year, overwhelmingly voting to was stirred because the city is trying raise taxes to maintain green space? to develop the wetland behind my Perhaps they realized the long-term neighborhood. In any event, Eden benefit of preserving green space. I Prairie's development philosophy has can only assume voters would simi- very real financial and aesthetic im- larly support those who work to main- plications for all of us;perhaps these tarn green space throughout Eden thoughts will provoke others to pon- Prairie. der the potential long-term effects of In the continued search for more a short-sighted attitude. sources of revenue,I fear our leaders Any-Realtor will tell you that are not considering how our city will proximity-to"green space"is a pri- look in 10 years.What will we see? Will we have difficulty selling our mary reason people decide to live in homes because the trees and ponds a certain locale. This strategic non- that were such a selling point for us development makes a city a more at- are no longer there? What will our tractive place to live,results in high- children see?Will they see a city that er home prices and higher per-capita squeezed a house or convenience tax revenues,and gives animals a ref- store on every last piece of land, or uge from the gradual destruction of will they see a city that took steps to their environment. preserve the natural identity it enjoys Today,I question the city's intent today? to retain its green space—the same Council members and city staff, green space for which many of us paid the decisions you make today will a premium. Does the city intend to greatly affect how Eden Prairie will retain these natural areas,or is it sim- look in 10 years and thereafter. You ply developing all available land in a have a tremendous opportunity to random,but thorough,manner? make a difference.Please think care- I fear the latter.An example:Since fully about the legacy you leave, for last spring, the Glenshire neighbor- we will all have to live with it. hood has had to retain an attorney to Michael Enright enforce a statute forbidding the auc- Glenshire-Edenvale tion of a DNR-designated wetland Conservation Group behind our homes.The city still wants Eden Prairie to develop the land,and must success- fully pass a bill through the state Leg- • islature to do so. The city will then try to subdivide a portion of the par- cel which does not technically meet the definition of a wetland,but which is home to deer,pheasants and many small animals.Why?The city wants to put a row of homes there. There are other examples of dis- regard for green space. Neighbors near Dell Road and Highway 5 were shocked to learn that a forest will be destroyed if the city allows a strip mall to develop.Canadian geese near Flag- ship Athletic Club will be stunned to learn that their wetland home will soon be a bus stop, and that they'll have to fly somewhere in Carver County to nest. GLENSHIRE-EDENVALE OPEN SPACE Eden Prairie News, 9/7/95 Glenshire wildlife To the editor: , add more houses along Edenvale I'm a student at Oak Point who is or Woodland will seriously dam- concerned about cutting down the age the scenic character of this woods on the corner of Edenvale Bou- levard part of our city. This particular and Woodland Drive. wooded wetland is already in our As a student waitingwoods on atthe Eden Praire public possession and does not stop I enjoy the beautifula a need to be purchased. waste daily basis. One time I was lucky Sun-Current tax payers'dollars on a Tocity ine enough to watch a family of deer, 9/6/95 tiative to get the state to revoke i- while anotherd timeo a pheasant. the protected status of this com- fortMy friend, brother and I have a in the woods.At sunset when the munity-valued natural area so sun goes down over the trees,it's our Preserve EP lands that a parcel of its unstable soils favorite time because it's so pretty. might be developed seems My family and I moved from and quality of hie wrong. Bloomington to Eden Prairie 10 years - Edenvale-Glenshire and a ago because we like all the trees and I urge the Eden Prairie City number of other neighborhoods wildlife. Council to support Edenvale- have reached what suburban A new baby fawn was born this Glenshire residents in their ef- growth experts describe as"mar- summer and if the city would build fort to protect the scenic integri- ginal disutility"(Newsweek,May on that corner,the fawn and his fam- ty and quality of life in their 15, 1995), which means that ily would have nowhere to go; nei- neighborhood and the long-term they've reached that point when ther would the pheasant,birds or oth- value of their homes by not per- each new housing project that er wildlife. mitting members of the city staff goes in subtracts more from our So ask yourself: If the city coun- to lobby the state Legislature to quality of life than it could pos- cil is reading this, is building a few allow development on natural sibly contribute to our city's houses really worth wrecking the glo- open space that is protected by economy. rious view and animals that live on state law. A volunteer group of citizens the corner of Edenvale Boulevard and The open space lies on the is working to save the natural Woodland Drive? east side of Edenvale Boulevard area. Ryan Rablin between Sunshine and Wood- Please call Sherry Rablin at Eden Prairie land drives. Edenvale is a gor- 934-6193, Boyd Wasson at 934- geous,wooded thoroughfare that 7070 or Jeff Strate at 949-8980 serves a variety of neighbor- for more information. hoods, including my own, in Jeff Strate north central Eden Prairie. To Eden Prairie • GLENSHIRE-EDENVALE OPEN SPACE Eden Prairie News, 8/?/95 Stringent regulation can pay off EP's visual appeal is something to brag about I've been making periodic visits of development proposals at a single to the suburban Chicago area for 20 city council meeting,chose to years now,and am almost always scrutinize each plan for lasting stuck with this impression:Folks in < ' quality and visual appeal.To them Eden Prairie are a lucky lot. —and to the many citizens who My Sunday return from a four- goaded them to act—we owe day hiatus in those faraway'burbs A gratitude for landscape and tree- only reinforces the notion that a mix s preservation regulations that help of good fortune and good planning mask new construction,and makes this a great place to work, ordinances that push buildings away live and raise a family.Better, from city streets and put a measure certainly,than the Chicago area and of restraint-on commercial signage. perhaps even preferable to a good I contrast this with the south- many suburban areas elsewhere in Mark Weber western metropolitan area of the United States. Chicago where,at least partly due to Oh,sure,there'll be some Don't Quote Me the density of population and the expatriate from suburban Chicago to absence of inspiring terrain,you call me on this.Eden Prairie is,after basis of my claims—I have none will find a tidal wave of develop- all,a place where almost everyone —and point to a pocket or two of ment.Much of it is only a few feet is from somewhere else.He or she suburban Chicago that rivals and from the streets and highways,and will demand to know the factual even outshine EP's livability. rarely is it even marginally screened To which I say:Hey,give me a from view by trees and other break.We're talking impressions landscaping.You see brick and here. concrete,and lots of it. Certainly,Eden Prairie has been Parts of these suburban areas Eden Prairie blessed with enough rolling hills, may contain large and natural forest lakes and streams to make the preserves;good thing,since much ILL—__-- N ew creation of a beautiful community of the rest of the community S much easier.Enough has been particularly its commercial and preserved to keep it so. industrial sectors—is an affront to (In retrospect,could more have the senses. uSPS 005-527 been done?Absolutely.I am It's important to make this Published weekly on Thursdays at convinced the flattening of north- comparison at a time when regula- 7901 Flying Cloud Drive eastern EP,once known as"Little tion and government seems increas- Suite#t 5o Switzerland,"to allow gargantuan ingly under attack as a waste of time Eden Prairie,Minnesota 55344 warehouse buildings is a community and money."What does government Phone:829-0265 disgrace.Still,unusual is the EP actually do for us?"is the latest and Grapevine Line:438-7468 vantage point where one can most common lament,one that is Incorporated Nov.8,1974 observe a veritable sea of houses, entirely appropriate to ask but factories,signs or blight.) should be done without exaggera- Subscription rates Add to that the foresight of tion. Voluntary$20 per year in community leaders in the 1960s To that I say:Some things, Eden Prairie who mapped out potential land uses certainly,and perhaps on a local $33 per year out of 55344, for virtually all of EP's 36 square level none more important than 55346 and 55347 zip. miles.They created a 1968"Guide creating vistas that will be interest- Partial year subscriptions billed Plan"that calls for a mix of hous- ing,appealing and sensitive to at$3 per month ing,offices,commercial establish- nature long after EP's golden age of Store copies:75¢/issue ments,parks and open space rather development and"newness"has than simply following the vagaries passed. Staff of developers'wants and wishes. Editor&Publisher: Mark Weber Throw in the horse sense (Mark A.Weber is editor and News Editor: Nancy Huddleston displayed much of the past decade publisher of the Eden Prairie Reporter: Tom Fenton and a half by city leaders— News.His column is one of several Advertising Mgr.: Alan Breuer particularly those in the 1980s who, opinion pieces and commentaries Advertising Rep.: Peter Holzer faced with millions of dollars worth appearing in this newspaper.) &Mary Kay Peterson DATE: 09/19/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: gz2 a SECTION: Petitions & Requests DEPARTMENT: ITEM DESCRIPTION: Engineering Division Grading Permit for Cherne Property Jeffrey Johnson Recommended Action: Staff recommends City Council approval of Mr. Lloyd Cherne's request for a grading permit for the property located at the southwest quadrant of Highway 169 and Fountain Place, subject to the following provisions: • Elimination.of the proposed rock construction entrance along Fountain Place • Approval of a permit through the Watershed District • Site restoration consisting of disk-anchored seed and mulch upon completion of grading Background: Mr. Cherne is requesting City Council approval of a grading permit to allow the placement of fill to enhance the salability of his property located at Columbine Road and Fountain Place. 41 / J r /. T ` • ` , y• W f / \ /i/ /' _ / , \ O t / /• `/ �/C .\ / • M\ • pf �[ mY . : -A;....___...., -I.,:-.„ ;-... -.,., ,.i r/ 4, 66 • F \\\ \ i " 864 \ \ i • \ \\`- \.V \ • 1 • 662 \ . \ yr \ \ '!Y - o��,:: ..,ell i--- �' o \ 1 =W \ OJ ' < \ __. _ ..-- \ I r' o \ \ F \ \0 2 DATE: 09/19/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO:= . GI SECTION: Petitions & Requests DEPARTMENT: ITEM DESCRIPTION: Engineering Division Early Grading Request for the Future Transit Hub Site Jeffrey Johnson I.C. 95-5374 Recommended Action: Staff recommends that the City Council approve Southwest Metro's request for early grading permit to commence soil surcharging of the future Transit Hub, located between existing Technology Drive and the proposed realignment of Technology Drive. Background: Southwest Metro is requesting City Council approval to allow placement of surcharge materials to allow for soil settlement and consolidation beneath the proposed building and parking lot areas of the proposed Transit site. Please refer to the attached memo and the proposed plans for further detail. MEMORANDUM TO: Scott Kipp,Planner City of Eden Prairie FROM: Kate Garwood,Policy &Administration Coordinator Diane Harberts,Executive Direct Southwest Metro Transit ' DATE: September 6, 1995 SUBJECT: REQUEST FOR EARLY GRADING PERMIT TO SURCHARGE ON SITE OF FUTURE TRANSIT HUB As the City is aware, Southwest Metro Transit has been working on development of its future home, the transit hub, for some time now. Although the original funding was approved in 1993, there has been a considerable amount of work to be accomplished prior to construction on the site. This work has included federal project approvals, mitigation of wetland,coordination of agreements with MnDOT and the Metropolitan Council, and, last, but not least,design and construction of the building and parking lot areas for the transit hub. Southwest Metro has discovered through exhaustive soils testing that the portion of the site where the transit hub will be located requires a substantial amount of soils correction before any construction can occur. The tests revealed that the soils conditions may be similar to those found by the developer of the Rainbow Foods site at the northeast corner of the interchange of Highway 5 and Prairie Center Drive where deep deposits of peat were found. After that project was constructed,problems continued to occur due to the settling of the soils beneath the building along the east side. Of course, the correction of the problems has proven costly. In order to avoid this problem and correct the soils to the greatest extent possible,our consultants have recommended that, instead of the standard six months of surcharging, we should surcharge the site for at least nine months and make sure that this covers at least one winter season. In this way, we will avail ourselves of the a more conservative approach to soils correction for this difficult site. Because of this, we respectfully request City approval to begirt surcharging the property October 1, 1995, as recommended by our consultants. One additional point--there appears to be"work"taking place on the site at this time. There are actually two things happening. In cooperation with the City Engineering Department, the City has been utilizing the site for depositing excess fill from other projects in the area. In cooperation with MnDOT, and after City approval,Southwest Metro has agreed to allow MnDOT to utilize the transit hub site for staging of the reconstruction project for Technology Drive. Meanwhile, over the months that the surcharging occurs,we plan to continue our work on the site plan.The preliminary building design is in process. When this and other required items are completed and approved by the Southwest Metro Transit Commission, we will again be before the City for review and action on the project. Southwest Metro greatly appreciates the support and cooperation already received on this project from the City Council and from the staff members of the Planning, Parks &Recreation, and Engineering, and Inspections Departments of the City. We look forward to occupying our new home in the near future and are working toward making it an valued asset to the Eden Prairie downtown area. • • �� n,� a a I g // �- I i I . / u- S AqP Z :��J / ! 1 R ! It�p - . _ —� =°---- �_, 1 ' "Arc '•% a `� 1 CIS i' - / . \\ _ -j1�2g rr=___ _ __ '_ .�i'�.V ,y -� �s' � / ........ "� / _ '��'�/ • i Iltl �I� __ 'ems _ _ _ R� I ( / � \ $f i / iY IIII�'.; ,/ V ----------: -..-_-:-:-:- = ----:---.:-: __-_:----- :17.--, : --1 --:".lec:5.---1 _,.. ow:Inc-mum S FALJ+' P _-s} 1 -t I{ 4-I i I_f_I_i °_•ter\ 13:111 \ ' la 1:q Sy.F� �/ / ..a rt. lR J�.Y _-._ -Ci= -4- }}} } } rrr__ _-es -\ �7ti A ti ' e•P``° hi I"*'a' =-==-x=}=___- ---_-\ e - • z Fes--_-_-___-______-__-- _=_�=-_-—-- _ -_--_ •� .K. ,I cif. 1.'I 1` = = _ .3[s8 _ _ _ _ ,r/ Go -� ro %.•%/ _�___�-__ { I_i%vim-} _ -__\ \. > >,/ . Rem 1� #ff� TA co \A\A V . 1kye° /ar' . - H t � `� � I•"'.•1 F- r :r..4) . LEGEND // i 1g 1 LOOTS OF s Poor suRaARGE • ' A_� Rsrt. N) I 1 ACC GRM AREA s FT.SPACING \ YYI, 'Mpt DR.AREA!.o FT.5PAL G `\\--_\ .-== i O.OR.AREA no FT.SPACING ` S.P. 181-010-09 4a 4 DATE: CITY COUNCIL AGENDA September 19, 1995 SECTION: Report of City Manager DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration-- C. Jullie, C. Dawson Approval of Revised By-laws of Eden Prairie Fire XI. B. City Atty--M. Johnson Fighters Relief Association Requested Action: It is recommended that the Council approve the Revised By-laws of the Eden Prairie Fire Fighters Relief Association (EPFRA). This action would allow implementation of the benefit enhancements which were made possible by a special act of the Legislature during the 1995 session. Background: In 1992, the EPFRA approached the City Council with a package of changes which would significantly increase the benefit payments to members of the Association. Such improvements would be a key tool to recruit and maintain a paid on-call/volunteer fire department. These benefits were beyond the maximum benefit levels established in State law. To realize the proposed changes, the Legislature needed to adopt a bill specifically authorizing them. During the 1993 and 1994 sessions, the proposals did not get past the Legislative Committee on Pensions and Retirement. A more modest package was proposed for the 1995 session, and it was subsequently approved by the LCPR, the Legislature, and the Governor. These changes included: * Full partial vesting beginning at 10 years of service * Inclusion of "deferred retiree" status, so that members who retired after 15 years of service would be eligible for any post-retirement benefit improvements These changes can be made after the EPFRA incorporates these provisions into its by-laws (which members did approve at their meeting on Sept. 14, 1995), and the revised by-laws are subsequently approved by the City Council. Financial Considerations: The benefit enhancements would cost an estimated $60,000 more per year than if the current maxima allowed by the State were followed ($430,000 vs. $370,000 in 1996). In budget projections, contributions to the EPFRA were assumed to be $500,000 per year from 1995 through 2002--remaining above the required funding level for the plan. In so doing, the length of time to fully fund the plan could be shortened to 2005-2006 instead of 2008-2010 (depending on fund performance). Supporting Information: * City Attorney's summary of proposed revisions to the EPFRA by-laws * A full copy of the proposed by-laws is available in the City Manager's Office MEMORANDUM FROM: MARK J. JOHNSON DATE: September 8, 1995 RE: REVISIONS TO THE BY-LAWS OF THE EDEN PRAIRIE FIRE FIGHTERS RELIEF ASSOCIATION The Minnesota Legislature,in its most recent session,passed legislation providing special benefits for members of the Eden Prairie Fire Fighters Relief Association. The new legislation requires that the Association and City of Eden Prairie adopt these changes in order for them to become effective. The trustees of the Association asked that we incorporate portions of the special legislation in the Association's by-laws and, in addition,use this opportunity to generally redraft and update the by-laws. We have now completed this redrafting process and are providing you with a draft for your review. We have made numerous changes to the by-laws and significantly altered their format. As a result, it would be difficult and probably unnecessary to highlight all differences between the existing by-laws and the new draft. This Memorandum will not attempt to identify changes which are relatively minor or technical in nature. We will attempt to provide an overview of significant changes. 1. By-laws format. The by-laws currently consist of long paragraphs,most of which refer to a variety of subjects. We have attempted to make the by-laws significantly less confusing and more useful by employing some simple format changes. For example, we have significantly shortened paragraphs and attempted to ensure that each paragraph addresses one mjj\edenpr\firedep\memola 1 straightforward issue. We have then provided a title for each paragraph and subparagraph and included a Table of Contents. 2. Incorporating the special legislation. The by-laws of the Association currently provide that, for purposes of a service pension, a member is 50% vested at the conclusion of ten years of service. This percentage rises gradually until 100% vesting is achieved after 20 years of service. The special legislation provided that the City Council could authorize a partial vesting after five years of service, which would gradually rise to 100% vesting after ten years of service. The Trustees have recommended that this special legislation be partially implemented by providing 100% vesting after ten years of service. The legislation's provision for partial vesting in years five through ten would not be implemented at this time. The second benefit of the special legislation was to provide that retired members,who had not yet reached the eligible age for receiving service pensions but had a minimum of 15 years of service, could receive the benefit of increases in monthly pensions that are passed by the City Council after their retirement. The Trustees have recommended that this benefit be implemented in the revised by-laws and the change has been made. 3. Disability and surviving spouse benefits. These sections have been significantly rewritten to comport with Minnesota Statutes that direct when and how such benefits may be made available. Probably the most substantial change is that disability benefits are now limited to situations where the disability is fire-related, completely disabling and long-term. 4. Years of service that qualms for pension calculation. Probably the most common questions to our office over the years have concerned the calculation of qualifying years of service for purposes of the pension calculation and related questions regarding how this mjj\edenpr\firedep\memola 2 calculation is affected by leaves of absence, interruptions in service, etc. The by-laws have been rewritten to provide a simple formula which complies with state law: In order to qualify for calculating the pension benefit, time served must be served as an "active fire fighter" as that service is defined by the Fire Department's own rules and regulations. We have deleted a number of confusing references to leaves of absence. 5. Applications and decisions regarding benefits. We have revised the sections regarding the procedure for benefit applications and how decisions are made. Some of these changes are dictated by state law and others are provided simply to make clear what criteria are considered and to provide a streamlined approach. 6. Updating by-laws to comport with current practices. In a number of instances the by-laws have been revised to bring them up-to-date with current practices of the Association. For example,certain officer duties are clarified and provision is made for electronic fund transfer of pension benefits. mjj\edenpr\firedep\memola 3 DATE: CITY COUNCIL AGENDA September 19, 1995 SECTION: Report of City Manager DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration-- Progress Report on South Metro Public Safety C. Jullie, C. Dawson Training Center XI. B.2 Requested Action: It is recommended that the Council direct that Eden Prairie be one of the cities included in making applications and requests for capital funds for the South Metro Public Safety Training Center. Background: For over a year, the cities of Bloomington, Eden Prairie, Edina, Richfield, and the Metropolitan Airports Commission have explored the concept of developing a joint public safety (police and fire) training center. Recently, the cities of Hopkins and Minnetonka have expressed an interest in joining this consortium. As explained in the following memorandum, the need for such a facility is becoming critical. Such police training facilities as firing ranges and SWAT courses are closing and/or becoming more remote. Similarly, fire training opportunities are limited as there are fewer buildings abandoned or scheduled to be demolished which can be used for practice. At the same time, mandated training for police and fire personnel is increasing in quantity and complexity. The proposal which has been developed is a very cost-effective way to provide much-needed and much- improved training. It would provide a state-of-the-art live-flame training system for firefighters, one which could also be rented by fire departments outside of the consortium. Financial Implications: The capital cost of the proposed Center is estimated to be $4.8 million. A strategy (identified in the following memorandum) has been developed which would have this cost paid by others--the State, the Federal government, Hennepin County--and by moneys in the MAC's drug forfeiture fund. At this point, it is difficult to place firm figures on what each city's share of the net operations costs would be. A formula would need to be developed, probably within the structure of a joint powers organization. Some greater economies will occur in current outlays for training, and they can be credited toward each city's eventual net cost. Although further analysis of these costs is underway, it appears that the yearly additional net cost per city would be in the $15,000-20,000 range. (For comparison, Eden Prairie's combined police and fire operating budgets proposed for 1996 are in excess of $4.6 million.) Supporting Information: 9/15/95 Memorandum from Training Officers to City Managers MEMORANDUM TO: City Managers of Bloomington, Eden Prairie, Edina, Hopkins, Minnetonka, Richfield Executive Director Metropolitan Airports Commission FROM: Police and Fire Training Officers & Craig Dawson, Assistant to the City Manager, Eden Prairie DATE: September 15, 1995 SUBJECT: Progress Report; Support for Funding Applications and Update on South Metro Public Safety Training Center For the past several months, public safety training officers for Bloomington, Eden Prairie, Edina, Richfield, and the MAC have been developing plans for a police and fire training facility which is conveniently located for these communities. Recently, Hopkins and Minnetonka have expressed an interest in being part of the consortium which would be developing a South Metro Public Safety Training Center. This approach would meet the increasing training needs and requirements of 13 agencies--seven police departments and six fire departments (all except the MAC's). Scheduling models have shown that the police and fire training facilities would have a high rate of utilization by the member cities. Capital Costs: The capital cost for the facility on a site by the Braemar complex in Edina is estimated to be $4.8 million. A working group of the city managers has identified an approach in which these costs could be covered by grants and restricted-use funds: $ 2,000,000 from the State of Minnesota through the Governor's Bonding Bill 1,300,000 from the federal COPS Program (1994 Crime Bill) 1,000,000 from the MAC through Drug Forfeiture Funds 500.000 from Hennepin County to complement the Maple Grove facility $ 4,800,000 The Governor's Bonding Bill is a key component of this plan. In order for the Training Center to be considered as part of the Governor's proposal, an application will need to be submitted in October. It is critical for the governing boards to indicate their endorsement to prepare and submit the application. Similarly. they should also indicate their support to make an application for a federal COPS grant. City Managers re: South Metro Public Safety Training Center September 15, 1995 Page Two Operational Costs: The working group of training officers have identified three approaches to operate and maintain the Center. Both the training officers and city managers prefer the model in which a well-qualified training coordinator would run the facility. Gross operational costs would be in the $250,000 - $275,000/year range, figures which include a $50,000/year outlay for capital maintenance and improvement projects for Center. Estimated revenues for direct costs would be $30,000 to $40,000. Other revenues may come from other agencies who rent the facilities (e.g., the firing range, live-fire training tower,) or whose staff enroll for classes and training. This additional revenue is not critical for the economical operation of the Center, but represents an opportunity to reduce the net cost to the member cities/MAC. Additional Costs and Savings; Training Enhancements: Further study is underway to identify more definitively what economies the participating agencies will see from using the Training Center approach. Some quick math would suggest that each of the 13 public safety agencies would need to pay about $20,000 annually toward the net operations cost of the Center. But these costs would be offset by more economical use of funds already used in conjunction with training. * Overtime: A centrally-located facility would permit training during regular shift assignments, thus reducing the need to pay overtime and "back-fill" schedules so that shifts are properly staffed while others are in training. Records indicate that Eden Prairie and Richfield spent $17,000 and $10,400, respectively, on overtime for training. * Another example is opportunity cost: It is estimated that Eden Prairie, for example, would spend $5,000 annually to travel to and from the Maple Grove firing range. This outlay could be redirected to patrol in the community. * Travel Expenses: Transportation, lodging, and meal expenses typically make up one- half to two-thirds of the cost of attending training opportunities outside the metropolitan area. Much of the training requiring out-of-area travel could be brought to the Center, thus reducing these additional expenses. Alternatively, these budgeted funds could be used to provide the same training to more staff. Most of the economy of the Center would accrue to the police departments. Most of the fire departments among the member cities are volunteer, and training opportunities are limited due to the lack of buildings available for practice and increasingly stringent regulations from the EPA, OSHA, and MPCA. The type of live-fire training system which would be constructed is only affordable if many cities are involved in funding and operating it. The Center would be funded by seven cities representing 13 public safety agencies. Analysis thus far suggests that each city could see additional net costs of$15.000-$20.000/year for much-improved and much-needed public safety training. City Managers re: South Metro Public Safety Training Center September 15, 1995 Page Three Review of the Training Center Proposal: The South Metro Public Safety Training Center is a collaborative effort to provide needed and mandated training for police officers and firefighters. Approximately 800 law enforcement and firefighting positions exist among the seven cities (assume for brevity that the MAC is a city). A cooperative approach to meet the training needs of these personnel will take advantage of economies of scale, leverage resources, and avoid duplication. It will allow the cities to provide up-to-date, often state-of- the-art equipment and facilities needed for public safety personnel more affordably than if they tried to do so separately. The Training Center will address several major needs: * Develop and maintain skills * Lawsuit prevention * Comply with state and federal mandates * Convenient location Firearms practice: There are few outdoor ranges left in the metro area, and they will likely close. The nearest long-weapons training ranges are in Faribault and St. Cloud. Indoor ranges have also been closing due to high remodeling costs to comply with new OSHA requirements, and as firearms technology has exceeded capacities of existing ranges. SWAT: Units currently train at Camp Ripley or Fort Dodge, Iowa. Some of their training could be provided locally if facilities were available. Fire: Fire departments have traditionally used fire towers or abandoned buildings for fire training. The only tower left among these cities is an obsolete one in Bloomington on a site that is being considered for redevelopment. There are few buildings left that are abandoned or to be demolished for redevelopment on which to practice firefighting tactics. Even these buildings come with a price tag--for example, the EPA would require a City to remove asbestos from the building before setting it ablaze. Increasingly stringent OSHA training standards would require more live-fire training than any of the cities can currently provide. The Training Center: The South Metro Public Safety Training Center is envisioned to be a 20,000 square-foot training building and a state-of-the-art, computerized live-flame firefighting training system. The 20,000 square-foot building would include: * Classrooms * Indoor firing range, with a maximum of 10 short-arms lanes and 4 long-arms lanes * Scenario-based training (e.g., computer/interactive simulations for decision-making in the use of force) * Ability to function as a satellite emergency operations center (EOC) or a center for special cases by one or multiple jurisdictions * Canine unit training facilities City Managers re: South Metro Public Safety Training Center September 15, 1995 Page Four The firefighting training system would include: * A fire tower, a commercial structure, and a residential structure, all of which would be connected, and which could also be used for SWAT training * A computer controlled fire/flame system (using propane), which gives programmed and improvised fire situations for firefighter response * Quick clean-up to allow for multiple practice sessions by small units, or to make sure that a whole department gets the same training at about the same time. Summary of Benefits: Better training is affordable: -- It will be less expensive to bring instructors to a central training facility than to send staff to out-of-metro sites for training, seminars, and schools -- The fire training system is affordable only through cooperative financing Standardization of practices among the jurisdictions: -- There will be greater safety for police officers and firefighters on joint jurisdiction responses. Additionally, there would be a larger pool of staff available for major response situations -- Preparation of training materials could be economized -- With common curricula, cities could develop experts on their staffs to become accredited instructors (and thus save the expense of outside trainers) Convenience/24-hour training capability: -- It will reduce the need to pay overtime to attend limited training opportunities -- It will allow training to be available on any shift, thus meeting the needs of staff (and their families) working non-standard shifts -- It will allow brush-ups on skills and training as needed -- It will keep staff nearby if needed to respond to calls in their cities Availability to other jurisdictions: -- Class offerings would be available to other jurisdictions; tuition would be revenue -- Other fire departments would be allowed to rent the fire training system More benefits to the public safety staffs, the cities, and the communities will be realized than the ones listed above. Admittedly, it will be difficult to attach dollar figures to many of them. But few would be realized without this multi-city collaborative initiative. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-19-95 SECTION: CITY MANAGER'S REPORT ITEM NO. XI.B.3 DEPARTMENT: ITEM DESCRIPTION: Community Dev./Finance Don Uram,John Frane INVESTMENT GOALS AND GUIDELINES and Maxine Brueck Requested Council Action: The Staff recommends that the Council adopt the Investment Goals and Guidelines policy as proposed. Background: To more actively manage its investments,provide clearer and more concise information to management and the City Council, safeguard against unsuitable investments and address the City's Auditors concern, an investment policy has been developed. In developing a written investment policy for the City, Staff contacted other municipalities that had written policies adopted by their respective City Councils. Of the ten communities contacted, only Burnsville, Minnetonka and Bloomington had written policies. In addition, Staff attended seminars presented by Norwest Investment Management and Salomon Brothers Asset Management on municipal investment policies. Each firm gave attendees a "generic" investment policy and a copy of the "Components of an Investment Policy Statement." These documents were more detailed than the policies adopted by other cities,probably due to the timing of adoption before the "derivatives"crisis. Using Norwest's and Salomon's guidelines and the other cities' policies, Staff developed the City of Eden Prairie's Investment Goals and Guidelines. Highlights of the Investment Policy include: 1. Objectives - Primarily the preservation and safety of principal. 2. Performance - Achieve the best available rate of return within the guidelines of the Objectives. 3. General Statement- Describes the process for investing City funds. 4. Authorized Securities -Regulated by State Statutes 471.56 and 475.66. 5. Asset Mix Constraints - Describes a"model"portfolio. 6. Reporting Procedures - Reports will be made semi-annually to the City Council. 7. Review and Responsibility - Designates the members of the Investment Committee. 8. Ethics and Conflicts of Interest- Rules for person(s)involved in the investment process. Supporting Reports: 1. Investment Goals and Guidelines CITY OF EDEN PRAIRIE, MINNESOTA INVESTMENT GOALS AND GUIDELINES OBJECTIVES: 1. Preservation and safety of principal. 2. Maintain necessary liquidity. 3. Maximize the rate of return within the stated guidelines. PERFORMANCE: 1. The goal of the investment fund is to provide the best available rate of return while remaining consistent with the objectives of the preservation and safety of principal and the maintenance of liquidity. GENERAL STATEMENT: All cash and investments will be maintained in a single cash and investment pool, accounted for in a separate agency fund. Interest revenue will be allocated to each investing fund consistent with fund ownership. A competitive bid process shall be conducted before Eden Prairie invests any surplus resources. If a specific maturity date is required, either for cash flow purposes or for compliance with maturity guidelines, bids will be requested for instruments which meet the maturity requirement. If no specific maturity is required,a market trend analysis will be conducted to determine which maturities would be the best. Competitive bids will be obtained from firms and local offices located in the Minneapolis/ St. Paul area. Any person/firm submitting a bid must be a qualified bank or licensed to transact business in Minnesota as a broker-dealer/agent according to Minnesota Statutes 80A.04. Minnesota Statutes 475.66, Subd. 6 requires Eden Prairie to provide each broker with information regarding the City's investment restrictions. Prior to conducting any business with or for the City, the broker must acknowledge these investment restrictions and agree to conduct investment transactions in accordance with them. 1 AUTHORIZED SECURTIES: All investments made by the City of Eden Prairie will be in accordance with Minnesota Statutes 471.56 and 475.66. Authorized investments include but are not limited to: U.S. Treasury Obligations Federal Agency Issues Repurchase Agreements(Repo's) Money Market Mutual Funds Mutual Funds investing exclusively in U.S. Treasury Obligations and Federal Agency Issues Commercial Paper Banker's Acceptance ASSET MIX CONSTRAINTS 1. No more than 10% of the portfolio will be invested in any single issuer except the U.S. Government or its agencies. 2. No more than 25% of the portfolio will be invested in obligations of any single Federal Agency. 3. No more than 25%of the portfolio will be invested in any single Mutual Fund. 4. All of the securities purchased must mature or have a demand feature within 5 years, and a modified duration of 7 years or less. 5a. Average maturity shall not exceed 3 years. 5b. The modified lower and upper limit duration of the portfolio will be not less than 3 years and not more than 7 years. REPORTING PROCEDURES 1. All purchases, sales and maturities of investments will be recorded in a timely manner. 2. A report of the City's investments and cash position will be submitted to the City Council semi-annually. This report shall include the maturity date,cost of the security,current value and the rate of return. 2 REVIEW AND RESPONSIBILITY In view of the rapid changes within the capital markets, these guidelines will be reviewed at least semi-annually by the Investment Committee which shall consist of the following members: City Manager Assistant City Manager Finance Director Finance Operations Manager Economic Development Manager ETHICS AND CONFLICTS OF INTEREST Public officials and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program,or which could impair their ability to make impartial investment decisions. Investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business within the City, and they shall further disclose any large personal financial/investment positions that could be related to the performance of Eden Prairie's portfolio. City of Eden Prairie by: its: Dated: , 1995 Acknowledged by: its: Dated: , 1995 3 DATE: CITY COUNCIL AGENDA September 19, 1995 SECTION: Report of City Manager DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Admin--C. Jullie Restoration of Planned Expenses in 1995 Budget and Budget Team XI. q Requested Action: It is recommended that the City Council authorize restoration of the $400,000 "freeze" in expenses in the 1995 Budget. J5ackground: When the Council adopted the 1995 Budget, it did so with the proviso that approximately $400,000 in expenses would be put on hold until it could be determined that these outlays would be prudent and affordable. Information from the 10-year budget projections and/or actual 1995 budget performance was to indicate whether these planned expenses in the General Fund should be restored. The items identified to be withheld were: $ 111,600 Defer computer technology acquisitions (with few exceptions, across-the-board) 125,000 Delay hires of new positions until July 1 85,000 Reduction in sealcoat and asphalt overlay programs 50.000 Reduction (from $90,000) within the Contingency allocation $ 371,600 TOTAL WITHHELD The 10-year budget projections assumed that these expenditures would be made in 1995, and thus were included in the base from which projections were made. The budget projections show that upcoming financial challenges are manageable. * Computer technology acquisitions: In order to meet productivity improvements expectations in 1996 and beyond, we will need to supply these technological tools for City staff. Withholding these purchases for the balance of the year would result in increasing the fund balance, but put us behind in our ability to make needed improvements in implementing our management information systems. Having authorization for planned 1995 computer equipment acquisitions is important to realize the service and productivity improvements implicit in the budget projections. * New hires: With the exception of a much-needed part-time facilities maintenance position, no new hires will have been made through August 1995. Not filling these positions has resulted in dollar savings which will increase the fund balance, but continuing to leave them unfilled makes it difficult to respond to increasing workloads (in police, park maintenance, and facilities) and service expected by customers. The 1996 budget will need to reflect their full-year salaries in any event. Memo re: Restoration of Planned Expenses in 1995 Page Two * Sealcoat/asphalt overlays: It is too late in the season to add work to this year's sealcoat and asphalt overlay efforts. The $85,000 will be returned to the fund balance for year-end 1995. However, the City's efforts in this area will need to be more aggressive in coming years. * Contingency: The effect of reducing the $90,000 amount in the General Fund Contingency program to $40,000 was to shift the resulting $50,000 to the General Fund balance. It would be prudent to restore the historical $90,000 amount in order to have the desired flexibility in administering the 1995 Budget. This restoration would have little practical effect on the City's financial condition. In sum, the City will have realized the following savings: $ 125,000 in delayed hires 85.000 in foregone sealcoats/asphalt overlays $ 210,000 in funds that can be returned to the fund balance and used for other purposes in 1995 or subsequent years. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/19/95 SECTION: CONSENT CALENDAR ITEM NO. L. DEPARTMENT: ITEM DESCRIPTION: Niosi Variance Appeal Findings Community Development Chris Enger Jean Johnson Request to Council: Adopt (approve) the Findings, Conclusions, and Order on the Niosi Variance Request #95-23. Background: Council upheld the Board of Adjustments and Appeals denial of Variance #95-23. Supporting Information: Findings, Conclusions and Order FINDINGS( CONCLUSIONS( AND ORDER RE: Stephen and Kimberly Niosi Request For Variance *95-23 A request for Variance #95-23 was made by Stephen and Kimberly Niosi to approve construction of a single-family dwelling having a side setback of 40 feet on one side and 140 feet total for both sides on an existing 1 .2 acre parcel (the "Niosi parcel" ) in the Rural District notwithstanding the requirements of City Code Chapter 11, Section 11 .10 requiring parcels to be a minimum size of ten (10) acres or five (5) acres as to those existing as of July 6, 1982 and Section 11.03 requiring minimum side setbacks of 50 feet for one side and no less than 150 feet total for both sides. The matter came on for hearing before the Council on September 5, 1995 by appeal of the NiOsiS pursuant to City Code Section 2 .11, Subd. 2 from the decision of the Board of Appeals and Adjustments denying the request on July 13, 1995 . Stephen and Kimberly Niosi appeared at the hearing, together with Perry M. Ryan, Professional Engineer. At the hearing before the Council the Niosis withdrew their request for a variance relating to minimum side yard setbacks . Findings and Conclusions 1 . The Niosi parcel is located at the northeast corner of U.S. Hwy. 169/212 and Eden Prairie Road (formerly Eden Heights Road) . The Niosi parcel is irregular in shape, contains 1.23 acres and is described as follows: That part of the East 1/2 of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116 North, Range 22 West, lying North of the right-of-way of U.S. Highway 169/212 and South and East of the center line of Eden Heights Road, except the East 171 feet thereof. City sewer and water is not available to the site at the present time and it is outside of the Metropolitan Urban Service Area ( "MUSA line" ) . Elevations vary from a maximum of approximately 820 feet on the northeasterly part of the Niosi parcel to 766 feet at the southerly part of the parcel. The variations in elevation occur over a distance of approximately 300 feet and represent an overall grade of approximately 18 percent. Some portions of the parcel have grades over 25 percent. The Niosi parcel is part of and situated on the Minnesota river bluff area, which is of aesthetic and scenic -1- value. The soil consists of a light sugar-type sand material which, if disturbed, easily erodes. 2 . M.S. Section 462 .351 contains a finding by the legislature that municipalities are faced with problems in insuring safe, pleasant, and economical environments and in preserving agricultural and open lands, and, in general, promoting the public health, safety, and general welfare, and that such problems can be mitigated by proper municipal planning to assist in development . 3 . To ameliorate those problems, the City adopted a zoning code, (Chapter 11 of the City Code) . The purposes and objectives of the Zoning Code include, among others: to foster harmonious land uses, to promote stability of existing land uses, to prevent excessive population densities and overcrowding of the land with structures, to promote safe traffic systems, to protect and enhance real property values, and to safeguard and enhance the appearance of the City' s natural amenities, such as hills and woods. The specific purposes of the Rural District in which the parcel is located include the prevention of premature urban development until the installation of drainage works, streets and utilities . 4. The proposed development of the Niosi parcel, including the installation of a private septic and drain-field system, would require between one-half and two-thirds of the total area of the Niosi parcel to be graded or the soil to be disturbed. The grading would also result in lowering the current topography by as much as eleven feet (11' ) . Because of the extensive grading, cutting and disturbance of the light erodible soil on slopes as steep as those existing on the Niosi parcel, the development of the Niosi parcel is highly likely to cause erosion, and the flow and deposition of silt and soil onto public roadways and other lands. 5. The Niosi parcel is situated in the Rural District in which the City, beginning November 6, 1969, required a minimum of five (5) acres for the building of a single-family dwelling. In 1982, the City adopted the current City Code provision which requires not less than ten (10) acres, or not less than five (5) acres as to parcels existing prior to July 6, 1982 for single-family dwellings. 6 . The 1.23 acre Niosi parcel constitutes only approximately 25 percent of a five (5) acre parcel and approximately 12 percent of a ten (10) acre parcel . 7 . Prior to June 11, 1964 the Niosi parcel was part of real property (all of which was contiguous) located in Section 29, Township 116 North, Range 22 West, owned by Mildred K. Graves, which included the Northeast Quarter of the Southwest Quarter, -2- except the East 42 rods of the South 2 rods thereof, and also a strip one rod wide along the north line of the Northwest Quarter of the Southeast Quarter, consisting of approximately 40 acres; the Northwest Quarter of the Southeast Quarter, except the north one rod thereof, consisting of approximately 40 acres; the East Half of the Southwest Quarter of the Southeast Quarter, consisting of approximately 20 acres; and the West three-fourths of the South Half of the Southwest Quarter, except that part described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 29, running thence North 17 1/2 rods on the West line of said quarter section to a point of intersection in the center of a public road known as the Reichard Road, thence in an Easterly and Southeasterly direction along the center line of said road as now located, a distance of 120 rods to a point where the center line of said road intersects with the South line of said quarter section, thence West along the South line of said quarter section to point of beginning, consisting of approximately 50 acres (the "real property" ) . 8. Commencing on June 11, 1964 Ms. Graves began dividing the real property by conveying several parcels . On that date she conveyed pursuant to an earlier Contract For Deed, dated January 31, 1963 and amended November 7, 1963, the East 171 feet of that part of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 29, Township 116, Range 22, lying North of right-of-way of U.S. Highway No. 169/212 and South and East of the center line of Eden Heights Road as now travelled, consisting of 1 .3 acres. 9 . On October 25, 1967 Ms . Graves entered into a Contract For Deed to convey the East Half of the Southwest Quarter of the Southeast Quarter, except that part of the East Half of the Southwest Quarter of the Southeast Quarter lying north of the right-of-way of U.S. Highway No. 169/212 and South and East of the center line of Eden Heights Road. On that date she also conveyed by Warranty Deed to the contract vendee a portion of the parcel which was the subject of the Contract For Deed described as follows_ That part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, described as follows: Beginning at a point in the West line of the East Half of said Southwest Quarter of the Southeast Quarter distant 486 -3- feet South of the Northwest corner thereof, thence Southerly along the West line of said East Half a distance of 162 feet; thence East parallel with the North line of said Southwest Quarter of the Southeast Quarter a distance of 200 .04 feet; thence Southeasterly deflecting to the left 68 degrees 10 minutes 00 seconds, to the center line of Eden Heights Road; thence Easterly and Northerly along said center line to an intersection with a line drawn Easterly from the point of beginning and parallel with the North line of said Southwest Quarter of the Southeast Quarter; thence West along last said parallel line to the point of beginning. 10 . On March 31, 1969 Ms. Graves conveyed the Niosi parcel by Warranty Deed. The Niosis acquired the Niosi parcel in 1984 . 11. On and prior to June 11, 1964 and until November 6, 1969 the Niosi parcel was situated in a zoning district then known as public open development and conservation and reclamation district ( "P-O-Cm ) pursuant to Ordinance No. 8 . Ordinance No. 8 permitted non-farm dwellings to be built on parcels of two acres . Ordinance No. 8 was first adopted by the town of Eden Prairie effective June 12, 1958 and continued in effect when the town became a village and later a statutory city until November 6, 1969 when Ordinance No. 135 became effective. Ordinance 135 placed the parcel in the Rural District and required a minimum area of five acres for a single family dwelling. 12 . The real property of which the Niosi parcel was a part prior to the conveyance on June 11, 1964 was of a sufficient size to permit the building of a dwelling pursuant to Ordinance No. 8. The voluntary division of the parcel by its conveyance and other conveyances and/or contracts prior to November 6, 1969 resulted in the parcel not meeting the minimum area size under Ordinance No_ 8 as it was then in effect. The later adoption of Ordinance No. 135, and subsequently, current City Code Chapter 11, relating to zoning were not the cause or causes of the Niosi parcel becoming substandard in size, that having occurred on March 31, 1969 by conveyance of the Niosi parcel as a separate tract or earlier as a result of the previous sale by Ms. Graves of other land contiguous to the Niosi parcel . 13 . The estimated market value of the Niosi parcel was $5, 900 .00 in 1995 with taxes of $169 .22 . 14. The owners of the Niosi parcel have not shown that denial to them of a right to build a single-family dwelling on the Niosi -4- parcel would deprive them of all reasonable use of their property. On the contrary, the property has been used for recreational purposes. Kimberly Niosi stated that she and her family have used the property for picnics on various occasions. Pursuant to Section 11.10 of the City Code the parcel could be used for agriculture, accessory and related uses . Such uses may include truck and personal gardens, keeping of bees, horses and other agricultural uses. 15 . The variance requested from the minimum parcel size standard of ten (10) acres (five acres for parcels existing on July 6, 1982) to 1.23 acres, the size of the parcel, is too great and is unreasonable. Granting the variance would not be within the spirit and intent of the City Code, Chapter 11. 16. Strict enforcement of City Code Section 11 .10 requiring parcels of not less than ten (10) acres or five or more acres as of July 6, 1982 for a single-family detached dwelling does not cause undue hardship because the plight of the Niosis is due to circumstances created by their predecessor in title_ ORDER Based upon the foregoing Findings and Conclusions, the decision of the Board of Appeals and Adjustments denying variance request #95-23 by Stephen and Kimberly Niosi is affirmed. C:\wp51\rzip\ep\nioei\findings -5-