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Home My WebLink AboutCity Council - 03/22/1994 JOINT CITY COUNCIL. PLANNING COMMISSION. & HUMAN RIGHTS & SERVICES COMMISSION TUESDAY, MARCH 22, 1994 6:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock HUMAN RIGHTS & SERVICES COMMISSION: Linda Senes, Jim Biwer, William Jackson, Dacia Henderson, Peter G. Iversen, Judy Schack, Bette Anderson, Ross Thorfinnson, Jr., Lucy Morrissey, and Peg DuBord PLANNING COMMISSION: Douglas Sandstad, Kenneth Clinton, Mary Jane Wissner, Timothy J. Bauer, Edward Schlampp, Katherine Kardell, Randy Foote, and Lisa-Marie Gualtieri ROLL CALL CALL MEETING TO ORDER I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. ITEMS FOR DISCUSSION A. HOUSING B. PRAIRIE RIDER III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 22, 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson,Jean Harris, H. Martin Jessen, and Patricia Pldcock CITY COUNCIL STAFF: City Manager Carl J. Julie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, and Council Recorder PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MARCH 8. 1994 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 2ND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2, SECTION 2.16. SUBD. 1 RELATING TO ESTABLISHMENT AND COMPOSITION OF HUMAN RIGHTS & SERVICES COMMISSION C. BENT CREEK RESIDENTIAL by Bent Creek Development Corporation. 2nd Reading of an Ordinance for Planned Unit Development District Review with waivers on 58.8 acres for 111 housing units, Rezoning from Rural to RM-6.5 on 102 acres for 20 twinhomes, Rezoning from Rural to R1-13.5 on 34.72 acres for 60 single family homes, Rezoning from Rural to R1-9.5 on 13.13 acres for 31 single family homes and Approval of a Developer's Agreement for Bent Creek Residential. Location: North of Valley View Road and west of Bent Creek Golf Course. (Ordinance for Planned Unit Development District Review and Rezoning from Rural to RM-6.5, Rezoning from Rural to R1-13.5, Rezoning from Rural to R1-9.5) City Council Agenda Tuesday, March 22, 1994 Page Two D. CHANGE ORDER NO. 2 FOR HVAC IMPROVEMENTS AT THE COMMUNITY CENTER SWIMMING POOL E. RESOLUTION APPROVING FINAL PLAT FOR BEARPATH SECOND ADDITION F. RESOLUTION APPROVING FINAL PLAT FOR BEARPATH TOWNHOMES G. RESOLUTION AWARDING CONTRACT FOR 1994 STREET SWEEPING, I.C. 94-5346 H. CONVEYANCE BY QUIT CLAIM DEED THE RIGHT-OF-WAY FOR SCHOOL ROAD TO ISD 272 L RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR DELL ROAD BETWEEN CSAH 1 AND SCENIC HEIGHTS ROAD, I.C. 93-5312 J. ADOPT "NO PARKING" RESOLUTION FOR SEGMENT OF DELL ROAD BETWEEN CSAH 1 AND SCENIC HEIGHTS ROAD, I.C. 93-5312 V. PUBLIC HEARINGS/MEETINGS A. KOHL'S DEPARTMENT STORE by Homart Development. Request for PUD Concept Review on 75 acres, PUD District Review on 75 acres with waivers for exterior building materials, Zoning District Amendment in the C-Regional Service Center Zoning District and Preliminary Plat of 42 acres into 2 lots. Location: East side of Eden Prairie Center. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment in the C- Regional Service Center Zoning District and Resolution for Preliminary Plat) B. HUBER FUNERAL HOME by Miller Construction. Request for Zoning District Amendment in the I-2 Park Zoning District on 1.6 acres and Zoning Code Amendment amending Chapter 11 adding Funeral Homes to the list of permitted uses in the I-2 Park Zoning District. Location: County Road 4 and Cadillac Drive. (Ordinance for Zoning District Amendment in the 1-2 Park Zoning District and Zoning Code Amendment) C. ORDER IMPROVEMENTS AND PREPARE PLANS AND SPECIFICATIONS FOR WEST 82ND STREET, I.C. 93-5341 (Resolution) D. SIGN CODE DISCUSSION (Continued from March 8, 1994) E. TOBACCO REGULATIONS City Council Agenda Tuesday, March 22, 1994 Page Three VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST BY GERTEN FARM MARKET II FOR COUNCIL TO REVIEW BOARD OF ADJUSTMENTS & APPEALS TO DENY VARIANCE IX. REPORTS OF ADVISORY BOARDS, COMIVIISSIONS & COMMITTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Discussion on Rental Fees for City Center Facilities (Continued from March 8, 1994) 2. Set Wednesday, April 20. 1994 as a Joint Meeting with City Councils Parks, Recreation & Natural Resources Commission. Planning Commission and Watershed Districts to Discuss the Wetland Conservation At C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY G. REPORT OF FINANCE DIRECTOR XII. OTHER BUSINESS XIII. ADJOURNMENT MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 8, 1994 7:30 PM CITY CEN Council Chamber - 8080 Mitchell Road COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. Harris was absent. PRESENTATION OF GFOA (GOVERNMENT FINANCE OFFICERS ASSOCIATION) CERTIFICATE Jullie described the Certificate of Achievement for Financial Reporting that the City has been awarded for the second year in a row by the Government Finance Officers Association. Eden Prairie is one of ninety cities, counties, and school districts in Minnesota so recognized. PRESENTATION OF AWARD FOR BRIDGE DESIGN BY THE CONSULTING ENGINEERS COUNCIL Dietz displayed the award for environmental sensitivity in the design of the railroad bridge over Dell Road that was given by the Consulting Engineers Council of Minnesota to the City as owner of the project and BRW as the design engineer I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.1. Marina on the Minnesota River. Tenpas added item XI.A.2., Ordinance or Resolution regarding term limits for City Council members; item XI.A.3., Letter commending Councilmember Anderson on his service. Jullie added item XI.D.2., County/State Aid Application (ISTEA); item XLD.3.,Request from NSP regarding Prairie Island. MOTION: Pidcock moved, seconded by Anderson, to adopt the agenda as presented and amended. Motion carried unanimously. IL OPEN PODIUM City Council Minutes 2 March 8, 1994 There were no presentations made during this portion of the agenda. III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 15, 1994 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the February 15, 1994, Council meeting as submitted. Motion carried unanimously. B. SPECIAL CITY COUNCIL MEETING HELD MONDAY,FEBRUARY 28, 1994 Anderson noted that Item III should have included the fact that the expenses for the dinner were paid by the Council. MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the special City Council meeting of Monday, February 28, 1994, as submitted and amended. Motion carried unanimously. IV.CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION #94-27, APPROVING THE PREMISE PERMIT RENEWAL APPLICATION FOR BINGO FOR THE EDEN PRAIRIE HOCKEY ASSOCIATION C. FLYING CLOUD LANDFILL/MN METHANE by NEO Corporation. 2nd Reading of an Ordinance for Zoning District Amendment in the I-2 District on 14 acres; Adoption of a Resolution Approving Site Plan Review for NEO Corporation and Approval of a Developer's Agreement for Flying Cloud Landfill/MN Methane. Location: Flying Cloud Sanitary Landfill. (Ordinance #6-94, for Zoning District Amendment in the 1-2 District on 14 acres and Resolution#94-28,Site Plan) D. APPROVAL OF MANAGEMENT STUDY FOR COMMUNITY CENTER E. APPROVAL OF STARING LAKE TRAIL LEASE - MN DEPARTMENT OF NATURAL RESOURCES F. 1ST READING OF ORDINANCE #7-94, AMENDING CITY CODE CHAPTER 2, SECTION 2.16, SUBD. 1 RELATING TO ESTABLISHMENT AND COMPOSITION OF HUMAN RIGHTS& SERVICES COMMISSION G. ADOPTION OF RESOLUTION #94-29 AMENDING FEE RESOLUTION TO ADD THE ESTABLISHMENT OF STORM WATER UTILITY RATES H. APPROVAL OF ADA GRIEVANCE PROCEDURE I. RESOLUTION #94-30 ON TAKE-HOME VEHICLES City Council Minutes 3 March 8, 1994 Regarding Item I, Jessen asked what the number involved is. Jullie said he was not sure but there are not more than ten take-home vehicles. The consensus was to leave Item I on the Consent Calendar, but to have Staff report back on the exact number of take-home vehicles. MOTION: Jessen moved, seconded by Pidcock, to approve items A. -I. of the Consent Calendar as presented. Motion carried unanimously. V.PUBLIC HEARINGS/MEETINGS A. SIGN CODE DISCUSSION Staff presented background information and identified issues for the City Council to consider. Those who had expressed an interest in this issue were invited to the meeting. Pidcock asked if letters had been sent to the Minnesota Association of Realtors and to individual realtors in Eden Prairie. Enger said he did not believe so. Doug McNamara, representing Mason Homes and the Builders Association, said they prefer Sign Code Option 4 with some changes and additions. He said that they would want a standard T style of signs. Enger said Staff has a concern with sign sticks where there are underground utilities. MOTION: Pidcock moved, seconded by Jessen, to continue the Public Hearing to allow other groups and individuals to have input. Anderson said he had some major concerns on this issue and asked City Attorney Pauly for clarification of some of the points presented in the review of issues. VOTE ON THE MOTION: Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Jessen, to approve the Payment of Claims as presented. Motion carried on a roll call vote,with Anderson,Jessen, Pidcock,and Tenpas voting "aye." VII. ORDINANCES AND RESOLUTIONS VIILPETITIONS,REQUESTS AND COMMUNICATIONS IX.REPORTS OF ADVISORY BOARDS, COMMISSIONS& COMMITTEES A. PRAIRIE RIDER PROGRAM UPDATE -Basil L.Wissner Basil Wissner reported on the first four months of operation for the Prairie Rider Program and outlined the following three options for the program: operate it as a City program; hire a contractor to run it; terminate the program. City Council Minutes 4 March 8, 1994 The consensus was to discuss this topic in a joint meeting with the Human Rights and Services Commission. Councilmembers commended Wissner for the hard work and dedication he and his associates have given to the program. B. PLANNING COMMISSION HOUSING STUDY GROUP - Summary of Eden Prairie Employee Survey(Katherine Kardell) Katherine Kardell of the Planning Commission presented the report of the Commission's Housing Study Group and summarized the findings and recommendations of the Group report, noting that the recommendations have been approved by four Commissions. Councilmembers expressed concern that there may be a perception of obstacles to housing in Eden Prairie even though such obstacles may not exist. The consensus was to discuss the findings and recommendations of the group at a joint meeting with the Planning Commission and Human Rights & Services Commission and to discuss the Prairie Rider program at the same joint meeting. Councilmembers commended Kardell and the other members of the study group for their efforts in putting the study together. X.APPOINTMENTS A. HUMAN RIGHTS & SERVICES COMMISSION - Appointment of a member to the Human Rights & Services Commission for a term to expire February 28, 1997 MOTION: Pidcock moved, seconded by Jessen, to nominate Peg DuBord to fill the three-year term to expire February 28, 1997 on the Human Rights and Services Commission. MOTION: Pidcock moved, seconded by Jessen, to close nominations and to appoint Peg DuBord to the three-year term expiring February 28, 1997, on the Human Rights and Services Commission. Motion carried unanimously. B. HUMAN SERVICES COMMITTEE - Appointment of 2 members to the Human Services Committee to fill unexpired terms to 11/1/94 MOTION: Jessen moved, seconded by Pidcock, to nominate Munna Yasiri and Dianna Nelson to fill the two unexpired terms on the Human Services Committee. MOTION: Jessen moved, seconded by Pidcock, to close nominations and to appoint Munna Yasiri and Dianna Nelson to the two unexpired terms on the Human Services Committee. Motion carried unanimously. XI.REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Marina on the Minnesota River City Council. Minutes 5 March 8, 1994 Pidcock said she would like to have staff explore the possibilities of developing a marina on the Minnesota River. She said she thought we should get input from the Watershed District and that it would be beneficial to the City to have such a facility. Lambert noted that such a facility would be in violation of what the U.S. Fish & Wildlife Service is doing there with the wildlife refuge. Jessen expressed concern that such a facility would be in conflict with the U.S. Fish& Wildlife Service and that it might well be economically bad for the City. MOTION: Pidcock moved, seconded by Anderson , to direct Staff to review with the Watershed District options available to enhance the Minnesota River Valley area to the benefit of the City. Motion lost 2-2, with Jessen and Tenpas opposed. Jessen suggested that the Council ask the Parks Commission to investigate this matter in conjunction with the governmental bodies involved and to return to the Council with a report on possible enhancements. The other Councilmembers concurred with Jessen's suggestion. 2. Ordinance or Resolution regarding term limits for City Council members Tenpas called attention to the information on this topic. 3. Letter commending Councilmember Anderson on his service Ten Tenpas read a letter from Dennis Doyle commending Councilmember Anderson on his years of service to the City. B. REPORT OF CITY MANAGER I. Execution of Sublease with Eden Prairie School District for City Center Jullie highlighted the major points of the sublease that has been negotiated at a staff level with the School District for its space in the City Center. The School Board will consider this item at its March 21, 1994 meeting. . Councilmembers questioned what the School District will pay for acquisition, remodeling and operating costs. Jullie said that they will repay 100% of their portion of the acquisition and remodeling costs over a 12-year period and that the we share the operating expenses on a pro rata square foot basis. MOTION: Pidcock moved, seconded by Anderson, to authorize execution of the sublease agreement with the School District for its space in the City Center building. Motion carried unanimously. 2. Discussion on Rental Fees for City Center Facilities City Council Minutes 6 March 8, 1994 Jullie reviewed the Staff information regarding the use of meeting and dining facilities by small groups in the City Center put together on request of the Council at its February 28th meeting. Councilmembers were concerned that groups that have used the facilities and the food service should have an opportunity to review the information. The consensus was to continue the discussion to the next meeting to allow other groups to review the information and to determine what requests we have for the facilities. C. REPORT OF DIRECTOR OF PARKS,RECREATION& NATURAL RESOURCES 1. Philip R.Hill Property Acquisition Status Lambert summarized his negotiations with Mr. Hill for the property along Riley Lake, noting that there was still some distance between the price offered by the City and the price desired by Mr. Hill. Lambert said the City would be letting bids in early April on a contract to develop this site as part of the park and asked Council members for direction regarding condemnation of the property. Councilmembers expressed concern that the City appears to be acting as a real estate agent in this case. MOTION: Pidcock moved, seconded by Anderson, to authorize Staff to initiate condemnation proceedings in order to assure ownership of the property prior to construction of the park. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Birch Island Lake Level Cooperative Agreement with Nine Mile Creek Watershed District Dietz discussed the follow-up on a report on the level of Birch Island Lake in late 1992. At that time, there was no conclusive indication about why the lake level had dropped significantly. One possible explanation was a disruption of groundwater flow from the upgrading of the Townline Road/Crosstown Highway extension. The Watershed District proposed that monitoring wells be placed up- and down stream in the groundwater flow by the Crosstown extension. Cost for this project will be about $3,000, with the cost to be shared equally by the Watershed District and the City. MOTION: Jessen moved, seconded by Pidcock, to make necessary arrangements with the Watershed District to place monitoring wells up- and down stream in the groundwater flow by the Crosstown extension for an estimated cost of$3,000, with costs to be shared equally by the City and the Watershed District, and with the request that the Watershed District provide the City Council Minutes 7 March 8, 1994 City with plans and recommendations for the area at the conclusion of the monitoring project. Motion carried unanimously. 2. County/State Aid Application(ISTEA) Dietz reported that, as part of the upgrade of County Road 18, there will be funding for upgrading County Road 1 to a four-lane roadway from Highway 18 to Juniper Lane. He said the County has asked that we give them a letter supporting the application for funding to continue the upgrade of County Road 1 to four lanes all the way to County Road 4. He noted that County Road 1 is an important element in the transportation system in the City. MOTION: Pidcock moved, seconded by Anderson, to send a letter of support for the application to fund the upgrade of County Road 1. Motion carried unanimously. 3. Request from NSP regarding Prairie Island Dietz reviewed a letter from NSP to the City requesting that, as a customer, we offer our support of the Prairie Island nuclear waste proposal. Councilmembers expressed concern about the appropriateness of offering support as a Council and whether this letter could be construed as a threat. F. REPORT OF CITY ATTORNEY G. REPORT OF FINANCE DIRECTOR XII.OTHER BUSINESS XIII.ADJOURNMENT MOTION TO ADJOURN: Jessen moved, seconded by Anderson, to close the meeting. Mayor Tenpas adjourned the meeting at 9:15 p.m. EPEden CITY COUNCIL AGENDA DATE: prairies SECTION: Consent Calendar 3-22-94 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 Oakwood Builders A. Binder & Son Reiling Construcion, Inc. Heating & Cooling Two, Inc. Skarphol Construcion Group, Inc. McQuillan Bros. Sorensen Gross Construction Company N.S. Mechanical , Inc. Southridge Construction Peterson Bros. Sheetmetal Space Construction, Inc. Thrane, Inc. Steiner Development Tech Builders, Inc. SCAVENGER Timberlake Construction Co. , Inc. McKinley Sewer Service & Supply, Inc. Swedlund Septic Service PLUMBING TYPE B FOOD Donahue Mechanical Gadtke Plumbing Marshalls of Eden Prairie, Inc. Janecky Plumbing Company McQuillan Bros. CIGARETTE North Anoka Plumbing RDC Plumbing T. L. C. Cafe Richfield Plumbing Co. Thoen Plumbing, Inc. REFUSE HAULERS GAS FITTER Quality Waste Control A. Binder & Son COMMERCIAL KENNEL LICENSE Bell-Air Heating & Cooling Heating & Cooling Two, Inc. Kingdale Kennels Janecky Plumbing Company McQuillan Bros. TEMPORARY LIQUOR N. & S. Mechanical , Inc. Richfield Plumbing Co. Eden Prairie Lions Club Thrane, Inc. (Schooner Days 6-3, 6-4, 6-5) Eden Prairie Lions Club UTILITY INSTALLER Garden Room 5-5, 5-16, 6-6 Imperial Developers, Inc. TEMPORARY BEER Eden Prairie Lions Club 6-3, 4, 5; 7-4; 8-6; Octoberfest Action/Direction: 3-22-94 page 1 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-22-94 SECTION: 2ND READING ITEM NO. 3:it DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BENT CREEK RESIDENTIAL Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for Planned Unit Development District Review with waivers on 58.8 acres for 111 housing units, Rezoning from Rural to RM-6.5 on 102 acres for 20 twinhomes, Rezoning from Rural to R1-13.5 on 34.72 acres for 60 single family homes and Rezoning from Rural to R1-9.5 on 13.13 acres for 31 single family homes. Supporting Reports: 1. Ordinances 2. Developer's Agreement �Y_ . C - 1 BENT CREEK RESIDENTIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-94-PUD-1-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development RM-6.5, R1-13.5, R1-9.5 Zoning Districts 7-94-PUD-1-94 (hereinafter "PUD-1-94-RM-6.5, R1-13.5, R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 22, 1994, entered into between Bent Creek Residential, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-1-94-RM-6.5, R1-13.5, R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-94-RM-6.5, R1-13.5, R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-94-RM-6.5, R1-13.5, R1-9.5 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-1-94-RM-6.5, R1-13.5, R1-9.5 are justified by the design of the development described therein. D. PUD-1-94-RM-6.5, R1-13.5, R1-9.5 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. IV - C - Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development 1-94-RM-6.5, R1-13.5, R1-9.5, 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 21st day of December, 1993, 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 22nd day of March, 1994. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on 2t. C - 3 Rezoning Legals -Bent Cre.+�.k R1-9.5 Legal Outlot B, Edenvale 8th Addition R1-13.5 Parcel Outlot B and that part of Outlot C, EDENVALE 2ND ADDITION, lying north of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot D, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basis for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of 14.11 feet along a non- tangential curve concave to the west having a radius of 270.50 feet, a central angle of 2 degrees 59 minutes 20 seconds and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non-tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C and said line there terminating. RM 6.5 Parcel That part of Outlot C, EDENVALE 2ND ADDITION, lying south of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot D, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basis for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of 14.11 feet along a non- tangential curve concave to the west having a radius of 270.50 feet, a central angle of 2 degrees 59 minutes 20 seconds and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non-tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C and said line there terminating. TSC'. C. - PUD LEGAL - Crec-1t PLAT LEGAL Outlot B Edenvale 8th Addition That part of Outlot C, EDENVALE 2ND ADDITION, lying south of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot D, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basis for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of 14.11 feet along a non— tangential curve concave to the west having a radius of 270.50 feet, a central angle of 2 degrees 59 minutes 20 seconds and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non—tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C and said line there terminating. Outlot B and that part of Outlot C, EDENVALE 2ND ADDITION, lying north of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot D, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basis for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of 14.11 feet along a non- tangential curve concave to the west having a radius of 270.50 feet, a central angle of 2 degrees 59 minutes 20 seconds and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non—tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C and said line there terminating. Guide Plan Change Legal Outlot B and that part of Outlot C, EDENVALE 2ND ADDITION, lying north of the following described line and its westerly extension: Beginning at the most southerly corner of Outlot 0, EDENVALE 2ND ADDITION; thence South 62 degrees 28 minutes 51 seconds West, basis for bearing is EDENVALE 2ND ADDITION, a distance of 30.00 feet; thence southerly a distance of 14.11 feet along a non— tangential curve concave to the west having a radius of 270.50 feet, a central angle of 2 degrees 59 minutes 20 seconds and a chord bearing of South 26 degrees 01 minutes 29 seconds East; thence westerly a distance of 103.59 feet along a non—tangential curve, concave to the north having a radius of 116.00 feet, a central angle of 51 degrees 09 minutes 57 seconds and a chord bearing of North 86 degrees 41 minutes 11 seconds West; thence North 61 degrees 27 minutes 11 seconds West a distance of 214.20 feet to the west line of said Outlot C and said line there terminating. .J_L . c - 5 BENT CREEK RESIDENTIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-94-PUD-1-94 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 North of Valley View Road and west of Bent Creek Golf Course, from Rural to RM-6.5 on 102 acres, Rural to R1-13.5 on 34.72, Rural to R1- 9.5 on 13.13 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/Douglas B. Tenpas 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.) DEVELOPER'S AGREEMENT BENT CREEK RESIDENTIAL THIS AGREEMENT, made and entered into as of March 22, 1994, by Bent Creek Woods, Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and Edenvale Investors, a Minnesota Partnership, hereinafter referred to as "Owner", 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 Medium Density Residential to Low Density Residential on 34.72 acres, Planned Unit Development Concept Review on 58.8 acres for 111 housing units, Planned Unit Development District Review with waivers on 58.8 acres for 111 housing units, Rezoning from Rural to RM-6.5 on 10.2 acres for 20 twinhomes, Rezoning from Rural to R1-13.5 on 34.72 acres for 61 single family homes, Rezoning from Rural to R1-9.5 on 13.13 acres for 30 single family homes, Preliminary Plat of 58.8 acres into 91 single family lots and 20 twinhome lots, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part legal hereof, and said acreage hereinafter referred to as "the Property:" NOW, THEREFORE, in consideration of the City adopting Ordinance No. , and Resolution No. for the 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 December 21, 1993, and dated October 21, 1993, 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, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. . C - 7 4. TREE LOSS, TREE REPLACEMENT: There is a total of 6,013 caliper inches of significant trees on the Property. Tree loss is calculated at 29% or 1,741 caliper inches. Tree replacement is calculated at 670 inches. The tree replacement plan for 670 caliper inches is included as part of Exhibit B, attached hereto. Prior to the issuance of a land alteration permit to grade on the property, Developer shall submit to the Senior Planner, and receive the Senior Planner's approval of a security equal to 150% of the cost of the tree replacement plan, according to City code. The City shall not require security for Bent Creek Woods, Second Addition, until after final plat approval. 5. WETLAND DELINEATION: Prior to the issuance of a land alteration permit to grade on the property, Developer shall obtain approval from the Riley Purgatory Creek Watershed District for delineation of all wetlands on the Property. 6. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All homes to be built on the property abutting existing wetlands or storm water pretreatment ponds must be a minimum setback of 30 feet from the 100 year flood elevation as shown on Exhibit B, attached hereto. 7. PLANNED UNIT DEVELOPMENT WAIVERS: City hereby grants the following waivers to City code requirements within the R 1-13.5 and R1-9.5 Zoning Districts through the Planned Unit Development District Review for the property and incorporates said waivers as part of PUD A. Street frontage waiver less than 85 feet in the R1-13.5 Zoning District for Lots 6, 10, Block 2; and Lots 48, 49, Block 1. B. Street frontage waiver less than 55 feet in the R1-13.5 District for Lots 28, 29, Block 1. C. Side yard setback waiver in the R1-13.5 Zoning District from 25 feet to 20 feet (combined, but 10 foot minimum) for Lots 21 - 51, Block 1 and Lots 1 - 30, Block 2. D. Lot size waiver less than 13,500 sq. ft. in the R1-13.5 Zoning District for Lots 39, 41, 46, Block 1. E. Front yard setback waiver in the R1-9.5 Zoning District from 30 to 25 feet for Lots 1 - 15, Block 3; and Lots 1 - 15, Block 4. F. Lot depth less than 150 feet in the R1-9.5 Zoning District, abutting the Hennepin County Light Rail Authority Property, for Lots 3 - 11, and 15, Block 4. 8. BUFFER PLANTING PLAN ADJACENT TO HENNEPIN COUNTY LIGHT RAIL AUTHORITY PROPERTY. Concurrent with the construction of homes on Lots 5 - 12, Block 1 as shown on Exhibit B, Developer agrees to implement the tree planting plan as shown on Exhibit B, attached hereto. 9. SIDEWALKS AND TRAIL CONSTRUCTION: Prior to the issuance by the City of any permit for grading or construction on the property, Developer shall submit to the Director of Parks, Recreation and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the property. Said sidewalks and trails shall be constructed in the following locations as depicted on Exhibit B, attached hereto: A. A five-foot wide, five-inch thick concrete sidewalk along the west side of Howard Lane extension. B. An eight foot wide bituminous trail constructed within Outlots B and C. 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. 10. PARK DEDICATION: Developer agrees that prior to the release of the final plat, Outlots B and C, as depicted on Exhibit B, attached hereto, shall be dedicated to the City for park purposes. The Developer further agrees that Outlots shall be dedicated to the City free and clear of any liens, mortgages, or encumbrances, and in accordance with the terms and conditions of Exhibit C, attached hereto. 11. CONSERVANCY EASEMENTS: Conservancy easements has depicted as Exhibit D, attached hereto, are required to be recorded on Lots 4 - 15, Block 3; Lot 15, Block 4; Bent Creek Woods Second Addition and Lots 24, 25, 26, Block 2. Prior to the release of the final plat, Developer shall provide evidence of recording of said Conservancy Easement in the appropriate Hennepin County Records Office. 12. PRETREATMENT PONDS: Prior to approval of final plat on the property, Developer shall submit to the City Engineer plans and design information for all storm water quality facilities to be constructed; and receive City Engineer's approval of said plans. Upon completion of the housing construction, the Developer shall verify the original design volume of the treatment pond to ensure that pond size has not diminished because of sedimentation/erosion and to restore original volume if sedimentation/erosion has occurred. 13. FIRE HYDRANTS SPACING: Prior to release of the final plat, Developer shall submit for review by the City Engineer and the Fire Marshal a revised utility plan with fire hydrant spacing no greater than 300 feet apart along all roads within the project. Upon approval by the City Engineer and the Fire Marshal, Developer agrees to construct or cause to be constructed said fire hydrant plan in accordance with the terms of Exhibit C, attached hereto. .DT .c - 9 14. FINAL LIFT - HOWARD LANE: Developer proposes several street excavations within the existing Howard Lane to provide utility services to the housing units along the west side of Howard Lane. Because of the number and size of proposed excavations, the Developer shall be responsible for providing a bituminous wear course (final lift) over entire length of the existing Howard Lane. 15. DISCLOSURE OF STATEMENT ON HENNEPIN COUNTY LIGHT RAIL AUTHORITY PROPERTY: Prior to release of the final plat, Developer shall submit to the Senior Planner and receive the Senior Planner's approval of declarations and restrictive covenants to be recorded on all lots abutting Hennepin County Light Rail Authority property as depicted on Exhibit B, attached hereto, stating the existence and future use of the Hennepin County Light Rail Authority property for future light rail. Upon approval by the Senior Planner, Developer agrees to record said restrictive covenants in the appropriate Hennepin County Recorder's Office and provide evidence of recording of said document. tz_. c_ - to BENT CREEK RESIDENTIAL OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN EDENVALE INVESTORS AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of March 22, 1994, by and between Edenvale Investors, 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. - , changing the zoning of the Property owned by Owner from the Rural District to the R1-9.5, R1-13.5 and RM-6.5 District, as more fully described in that certain Developer's Agreement entered into as of March 22, 1994, by and between Bent Creek Woods, Inc., a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Bent Creek Woods, Inc., fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. 11. . C - I CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT, made this day of , 1994, by and between , a , hereinafter referred to as"grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor has platted the Property into a subdivision entitled ; and, WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the subdivision as described in Exhibit A, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns an easement in, under, on, and over the conservancy/scenic easement area, hereinafter referred to as "the easement area," and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the easement area: A. The easement area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted upon the easement area and no trees, shrubs, or other vegetation shall be removed from the easement area without the prior written consent of the City. B. No building, road, sign, billboard, utility, or other man-made structure shall be placed in the easement area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the easement area without the prior written consent of the City. D. No change in the general topography of the easement area landscape, including, but not limited, to excavation, dredging, movement, or removal of soil, shall be allowed without the prior written consent of the City. E. The duration of the easement is perpetual. F. With respect to the easement area, Developer represents and warrants as follows: 1) That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the easement area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); 2) That to the best of Developer's knowledge, Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the easement area, any Hazardous Substances; 3) That to the best of Developer's knowledge, no previous owner, operator or • possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the easement area any Hazardous Substances; Developer agrees to indemnify and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the easement area by Developer, its employees, agents, contractors or representatives. 3. Grantor agrees to maintain the easement area subject to the provisions stated herein. 4. This easement shall bind and inure to the benefit of the parties, their successors, and assigns. 5. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the easement area. J. • C✓- i3 I EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3/22/94 Parks, Recreation and Natural Resources Commission ITEM NO. SECTION: Consent Calendar ZV e t. DEPARTMENT: ITEM DESCRIPTION: Request to Approve Change Order No. 2 HVAC PRNR System at Community Center Swimming Pool Robert A. Lambert '1 " Attached to this memo is a letter from Linda Johnson, LWPB Consulting Engineers, explaining the need for Change Order No. 2. The amount of the Change Order is $996.45 to add a refrigeration valve on the hot gas line take-off from the main in the machine room to the new heat recovery exchangers in the pool equipment room. Although, the need for this valve is addressed in the proposal for Change Order No. 1, issued November 15, 1993, the amount of the valve was not included in the Change Order; thus requiring this second change order. The staff made the decision to request the installation of this valve in order to perform the 24 hour pressure test required on new piping without shutting down the refrigeration system. Staff was concerned that if the refrigeration system was shut down for 24 hours and if any problems were found we would lose the ice on both rinks, thus causing many thousands of dollars in lost ice rental plus the fact that we were hosting high school games and the Hockey Association Christmas tournament during that time period. City staff request approval of this change order. BL:mdd change2/bob60 —I pais3/ LUNDQUIST, WILMAR, POTVIN & BENDER, INC. • Consulting Engineers 1935 W.County Rd. B2•Suite 300 St.Paul,MN 55113-2722 "Celebrating 25 Years of Service" 612/633-1223 • FAX 633-1355 March 7, 1994 Mr. Robert Lambert Director of Parks, Recreation and National Resources City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 Re: Eden Prairie Community Center Natatorium Dear Mr. Lambert: Three (3) copies of Change Order #2 are attached for the addition of a refrigeration valve on the hot gas line take-off from the main in the machine room to the new heat recovery exchangers in the pool equipment room. This valve was included in Proposal Request #1 issued November 15, 1993, although not included in Change Order #1. This valve was necessary to perform the 24 hour pressure test required on new piping without shutting down the refrigeration system. Please review and upon your approval, sign and return all three (3) copies to our office for distribution. Sincerely, LUNDQUIST, WILMAR, POTVIN & BENDER, INC. ‘IAIN,616k .._30"4":101P\ Linda Johnson LKJ/djh enclosures — , — Len Lundquist Peter Potvin Gayland Bender John Killeen Merwyn Lamb CHANGE OWNER 0 ORDER ARCHITECT 0 CONTRACTOR ❑ FIELD ❑ AIA DOCUMENT G701 OTHER ❑ Eden Prairie Community Center PROJECT: 16700 Valley View Road CHANGE ORDER NUMBER: #2 (name, address) Eden Prairie, MN 55436 DATE: March 7, 1994 TO CONTRACTOR: Pneumatic Controls ARCHITECT'S PROJECT NO: 93.080.01 (name, address) 14110 23rd Ave. No. CONTRACT DATE: Plymouth, MN 55447 October 11, 1993 CONTRACT FOR: Natatorium HVAC and Plumbing System Revisions The Contract is changed as follows: 1. Install refrigeration isolation valve $996.45 Not valid until signed by the Owner, Architect and Contractor. The original(Contract Sum)( i'fealctli Eyi i e)was $ 78,800.00 Net change by previously authorized Change Orders a 1,950.95 The(Contract Sum) ill'tLtlMIl4 iti4e)prior to this Change Order was $ 80,750.95 The(Contract Sum)4f1/XXIW9 dfc2Et XIMItt)will be(increased) X2t 'dt1 5d)by this Change Order in the amount of $ 996.45 The new(Contract Sum)(fitoinunc )including this Change Order will be 8 81,747.40 The Contract Time will be 6riVRWElZf5(unchanged)by zero (-0— )days. The date of Substantial Completion as of the date of this Change Order therefore is April 1, 1994 NOTE: This summary does not reflect changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. LWPB Engineers Pneumatic Controls City of Eden Prairie IMMU Ir ENGINEER CONTRACTOR OWNER 1935 W. Cty Rd. B2 - #300 14110 23rd Ave. No. 8080 Mitchell Road Address Address Address St. Paul, MN 55113 Plymouth, MN 55447 Eden Prairie, MN 55344-4485 BY BY BY DATE DATE DATE AIACAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA® • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G701-1987 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. _. 3 DATE: March 22, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: LC SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval for Bearpath Second Addition Jeffrey Johnson Recommended Action: Staff recommends City Council adopt the resolution approving the final plat of Bearpath Second Addition with the following provisions and conditions: • Final utility and street plans for Phase II should be approved by the City Engineer prior to release of the final plat. • Satisfaction of bonding requirements for installation of all public utilities. • Prior to release of the final plat the Developer should provide the City with recordable conservation easements over the conservation area within the Riley Creek Corridor. The conservation easements should be recorded at Hennepin County concurrently with recording the final plat. • Receipt of engineering fee of $3,320. • Lot 14, Block 2 and Lot 1, Block 3 are significantly impacted by to the 100-foot shoreland setback from Purgatory Creek, leaving a buildable area within Lot 14 of approximately 45 feet deep at the shallowest point and Lot 1 with a buildable area of approximately 75 feet in width. Given the size of the homes proposed in this project, staff feels there may be a potential problem in siting a large home within either of these two lots. The Developers feel confident that a home can be designed and sited, to fit the constraints of these lots and do not desire to reconfigure them. It is staffs opinion that a variance from the shoreland setback would not be an alternative that the Developers may pursue at a later date, and the Developers have agreed with this. Overview: This proposal is Phase II of the Bearpath PUD consisting of an additional 83 single family lots and an outlot for the continuation of the private street system. The preliminary plat was approved by the City Council May 4, 1993 per Resolution No. 93-94. Second Reading of the Rezoning Ordinance and the approval of the Developer's Agreement were completed July 20, 1993. JJ:ssa cc: John Vogelbacher, Bearpath Development Joel Cooper, James R. Hill Engineering Item No. ar•e, CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH SECOND ADDITION WHEREAS, the plat of Bearpath Second Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bearpath Second Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 17, 1994. 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 March 22, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. .!L.i . DATE: March 22, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM No:477. p SECTION: Consent Calendar P r, DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval for Bearpath Townhomes Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Bearpath Townhomes subject to the following conditions: • The plat should be revised to allow all exterior lot lines a three-foot setback from any structure as required by the Building Code. • Prior to release of the final plat, the utility plan be reviewed and approved by the City Engineer. • Receipt of engineering fee in the amount of $1,160. Overview: The preliminary plat was approved by the City Council November 21, 1993 per Resolution N. 93-219. Rezoning of the property and execution of the Developer's Agreement was done December 21, 1993. JJ:ssa cc: John Vogelbacher, Bearpath Development Joel Cooper, James R. Hill Engineering Item No. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH TOWNHOMES WHEREAS, the plat of Bearpath 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 Bearpath Townhomes is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 17, 1994. 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 March 22, 1944. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. 2 • BEARPATH TOWNHOMES N C.R.DOC Na 49 \A of < a�� „ . Aso : ,. •-aà .. `==:._, Tu MOTET w•L "�"-. J .\ 1 - -, .� �.h' ..s- _ awn• .. i� w.* � a • v E r a . P'S O J,�OS < e s F _ , ..n.n.•i.•1•Y-. -. ..... n �„v.%�r.ru,- Lr - .. - O �, MO •Jim li 1, , ST"'.' 1 Mr.I M 2 ' E". a•3.�_-^.. NOTE ALL V OJTLOT J 6 ORMEYOE MO UTLIT?EISEIONT 1 JAMES R.HILL,INC. SHEET 2 Of 2 SHEETS DATE: March 22, EDEN PRAIRIE CITY COUNCIL AGENDA 1994 SECTION: Consent Calendar ITEM NO://, DEPARTMENT: ITEM DESCRIPTION: Engineering Award Contract for 1994 Street Sweeping Division Mary Krause Recommended Action: Award of I.C. 94-5346, 1994 Street Sweeping to Clean Sweep, Inc., in the amount of$20,282.50. Overview: Sealed bids were received at 10:00 a.m., Thursday, March 10, 1994, for Street Sweeping. Two bids were received and are tabulated as follows: CONTRACTOR BID AMOUNT Allied Blacktop Company $21,700.00 Clean Sweep, Inc. $20,282.50 Financial Issues: The 1994 budget amount for street sweeping is $35,000 and the budget number is 570-50-4435. The bid amount falls within the allocated budget. MK/ssa CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 94-5346 - 1994 City Street Sweeping bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to CLEAN SWEEP, INC. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Clean Sweep. Inc., in the name of the City of Eden Prairie in the amount of $ 20,282.50 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on March 22, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk DATE: March 22, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: uT,/7• SECTION: Director of Public Works DEPARTMENT: ITEM DESCRIPTION: Public Works Conveyance by Quit Claim Deed the Right-of-Way for School Road Eugene A. Dietz to ISD #272 Proposed Action: Staff recommends that the Mayor and City Manager be authorized to execute a Quit Claim Deed in favor of Eden Prairie School District #272 to convey the right-of-way known as School Road lying generally between TH 5 and Central Middle School. The affect of this action will be to allow redevelopment of this neighborhood into athletic facilities for the Central Middle School campus to compensate for land lost to the TH212 project. Overview: MnDOT has acquired all the single family homes in the School Addition neighborhood. Only two houses remain at this time and the one that is currently occupied will be vacated by April. Through a negotiated process between MnDOT and ISD #272, the land area outside of the TH212 Corridor that was formerly occupied by this neighborhood will be transferred to the School District for incorporation into athletic fields for the Middle School campus. The right-of- way for School Road and Eden Court will no longer be needed by the City of Eden Prairie. The attorneys reviewing this matter for the School District and MnDOT "rediscovered" the fact that School Road was conveyed to the City of Eden Prairie by Warranty Deed rather than the customary platting procedure. It has therefore been concluded that a public hearing to vacate the right-of-way as is customarily required when the right-of-way is received by dedication on a plat may be unnecessary. The attached Quit Claim Deed would convey any interest that the City has in the School Road right-of-way to ISD #272. At a future date, it will be necessary to set a public hearing and vacate all the right-of-way segments known as Eden Court (and possibly School Road) in this neighborhood. Financial Considerations: The vacation/quit claim deed process for the right-of-way in the School Addition neighborhood will not result in any financial burden to the City of Eden Prairie. The School District and MnDOT have negotiated an arrangement whereby MnDOT will remove the street pavements in the area and actually remove sanitary sewer and watermain as part of a project that is expected to be performed by fall, 1994. Thereafter, the School District will commence a grading contract to create the athletic field complex for the Middle School. Item No. _//: %7 Form No.31.M—DUI I CLAIM UEEU Atlnu,sol+Unitonn Coons enr log 111e1tke(I IN) Corporation or Partnership . to Corporation or Partnership No delinquent taxes and transfer entered;Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. ,19 • County Auditor by Deputy STATE DEED TAX DUE HEREON: $ 1.65 Date: 19 94 (reserved for recording data) FOR VALUABLE CONSIDERATION, The City of Eden Prairie. f/k/a The Town of Eden Prairie ,a municipal corporation under the laws of Mi nnesnta ,Grantor,hereby conveys and quitclaims to Independent School District No. 777, Eden Prairie —__ ,Grantee, a fnthl is school rnrporat ion under the laws of Minnesota ,real property in Hennepin County,Minnesota,described as follows: See Exhibit A. *Consideration for this transaction is less than $500. *The Seller certifies that the Seller knows of no wells on the described real property. Iif more specs Is needed,continue on beck) together with all hereditaments and appurtenances belonging thereto. Affix I)r'ed'1'ax Stomp Ilnrc BY Douglas B. Tenpas Its Mayor By Carl J. Jullie Its City Manager STATE OF MINNESOTA ' ss. COUNTY OF The foregoing was acknowledged before me this day of ,19_, by and the and of ,a under the laws of ,on behalf of the NOTARIAL.STAMP OR SEAL(OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tr It atetemente for the reel property ducrlbed In thlr Instrument should be rent to(finitude neme and eddrur of armies): Independent School District No. 272 Eden Prairie TIIIS INSTRUMENT WAS DRAFTED BY(NAME ANDADDRESs): 8100 School Road Eden Prairie, MN 55344 Jay T. Squires RATWIK, ROSZAK, BERGSTRCM & MALONEY 300 Peavey Building 730 Second Avenue South Minneapolis, MN 55402 January 11, 1994 R17822D.PP DESCRIPTION FOR THE CITY OF EDEN PRAIRIE TO CONVEY A PORTION OF SCHOOL ROAD TO ISD #272 S.P. 2762 (212=260) 902 That part of Tract A described below: Tract A. That part of the North Half of the Northwest Quarter and the North Half of the Southwest Quarter of the Northwest Quarter, both in Section 16, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: A strip of land 66 feet in width, being at all points 66 feet wide, measured at a right angle and parallel with the following described line, which is the west and northwesterly line of said strip: Commencing at a point in the south line of said North Half of the Southwest Quarter of the Northwest Quarter, distant 683 .5 feet east of the southwest corner thereof; thence north parallel with the west line of said Section 16 for 146.85 feet; thence deflecting to the right at an angle of 42 degrees 07 minutes 00 seconds for 2200 feet and there terminating; excepting therefrom that part thereof lying southwesterly of the following described line: Beginning at the point of intersection of the north line of said Southwest Quarter of the Northwest Quarter with the northwesterly line of the above described strip; thence southeasterly perpendicular to said northwesterly line for 66 feet to the southeasterly line of said strip and there terminating; which lies southwesterly of Line 1 described below: Line 1. Commencing at a point on the east and west quarter line of Section 17, Township 116 North, Range 22 West, distant 334 .92 feet west of the east quarter corner thereof; thence run northeasterly at an angle of 57 degrees 06 minutes 56 seconds from said east and west quarter line (measured from east to north) for 1582. 65 feet; thence deflect to the right at an angle of 56 degrees 11 minutes 54 seconds for 120.34 feet to the point of beginning of Line 1 to be described; thence deflect to the left at an angle of 56 degrees 11 minutes 54 seconds for 250.23 feet; thence deflect to the right on a tangential curve having a radius of 1326.27 feet and a delta angle of 15 degrees 57 minutes 56 seconds for 383 .5 feet to a point of compound curvature; thence deflect to the right on a curve adlibitA R17822D.PP S.P. 2762 (212=260) 902--Cont. (2) January 11, 1994 having a radius of 1809.83 feet and a delta angle of 17 degrees 50 minutes 50 seconds for 563.75 feet; thence on tangent to said curve for 131.76 feet; thence deflect to the right on a tangential curve having a radius of 495 feet and a delta angle of 21 degrees 02 minutes 54 seconds for 181.85 feet to a point of compound curvature; thence deflect to the right on a curve having a radius of 884.93 feet and a delta angle of 15 degrees 05 minutes 55 seconds for 233.2 feet; thence on tangent to said curve for 100 feet and there terminating; containing 1.83 acres, more or less. .......... ................... . DATE: March 22, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Consent Calendar , • ' DEPARTMENT: ITEM DESCRIPTION: Engineering Division Dell Road Improvements between CSAH 1 to 3,980 feet North of CSAH 1 Alan D. Gray Recommended Action: Adopt resolution approving plans and specifications for Dell Road Improvements. Overview: This segment of Dell Road is bounded on the west by Bearpath and on the east by the Dellwood Subdivision by U.S. Homes. This segment of Dell Road will provide access to Bearpath and Dellwood subdivisions with a connection to CSAH 1. Financial Issues: The estimated construction cost is $1,200,000. The project will be funded 100% by State Aid bonds and special assessments to Bearpath and Dellwood subdivisions. The City has special assessment agreements with Bearpath, Inc. and U.S. Homes for the special assessments. Item No. r . 1. : / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer through S.R.F. has prepared plans and specifications for the following improvements to wit: I.C. 93-5312 - Dell Road between CSAH 1 and 3,980 feet North of CSAH 1 and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be received until April 28, 1994, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, May 3, 1994, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 22, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk p ! , z CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION PROHIBITING PARKING ON DELL ROAD CSAH 1 TO 3,980 FEET NORTH OF CSAH 1 WHERAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 93-5312 (MSA 181-113-02) Dell Road (CSAH 1 to 3,980 Feet North of CSAH 1) and has presented said plans and specifications to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that the City agrees to provide the enforcement for the prohibition of on-street parking on those portions of said Project I.C. 93-5312 (MSA 181-113-02) within its corporate limits. ADOPTED by the Eden Prairie City Council on March 22, 1994. • Douglas B. Tenpas, Mayor ATTEST SEAL John D. Frane, City Clerk L1�- J DATE: March 22, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: Isla )4. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bent Creek Woods Jeffrey Johnson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution approving the final plat of Bent Creek Woods subject to the following recommendations: 1. Receipt of street sign fee in the amount of $698 2. Receipt of street lighting fee in the amount of $6,203 3. Receipt of engineering fee in the amount of $1,920 4. Receipt of final construction plans for streets, sidewalks, sanitary sewer, watermain, storm water and drainage improvements for the property and the City Engineer's approval of said plans. Overview: This proposal is Phase 1 of a two-phase project, consisting of 48 residential lots, three outlots and right-of-way dedication for street purposes. City Council approval of the Developer's Agreement and the Second Reading of the rezoning ordinance is scheduled for City Council approval March 22, 1994. JJ:ssa cc: Ron King, BCW Joint Venture Matt Hanson, HTPO Item No. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BENT CREEK WOODS WHEREAS, the plat of Bent Creek Woods 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 Bent Creek Woods is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 22, 1994. 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 March 22, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-22-94 SECTION: PUBLIC HEARINGS ITEM NO. -Z A DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger KOHL'S DEPARTMENT STORE Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of a Resolution for Planned Unit Development Concept Review on 75 acres; • Adopt an Ordinance for Planned Unit Development District Review with waivers for exterior materials on 75 acres. • Grant 1st reading of a Zoning District Amendment in the Commercial Regional Service Zoning District on 75 acres. • Adopt a Resolution for Preliminary Plat for 42 acres into 2 lots. The effect of the City Council action would allow the development of a 90,000 sq. ft. Kohl's Dept. Store. The project was reviewed by the Planning Commission at the March 14, 1994 meeting. The Planning Commission recommended approval of the project as submitted. Overview In 1973 the City approved the overall Eden Prairie Mall Concept Plan which depicted a fourth department store in the proposed Kohl's location. Since the department store was not built within two years of the enactment of the site plan review ordinance, the developer is required to receive site plan approval by the City Council before issuance of a building permit. Primary Issues: ?? Should the City grant an exterior materials waiver for 52% brick on the building. The Eden Prairie Mall is a mixture of brick, concrete and dryvit. This combination of exterior materials was allowed in the Commercial Zoning District under Ordinance#135. In 1982 the City amended the Zoning Code to require the 75% face brick and glass as primary exterior building materials. Since the Center is a mixture of other uses, having at least the two elevations which face Prairie Center Drive out of face brick and the balance out of other materials would give an exterior brick appearance and blend in with the overall scheme of the shopping center. Supporting Reports: 1. Staff Report dated March 11, 1994 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat KOHL'S DEPARTMENT STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF KOHL'S DEPARTMENT STORE FOR HOMART DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Kohl's PUD Concept by Homart Development and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on March 22, 1994; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Kohl's Department Store, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated March 14, 1994. 3. That the PUD Concept meets the recommendations of the Planning Commission dated March 14, 1994. ADOPTED by the City Council of the City of Eden Prairie this 22nd day of March, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk KOHL'S DEPARTMENT STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF KOHL'S DEPARTMENT STORE FOR HOMART DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Kohl's Department Store for Homart Development dated March 14, 1994, consisting of 42 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 22nd day of March, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk . A - 3 STAFF REPORT TO: Planning Commission THROUGH: Chris Enger, Director of Community Development FROM: Michael D. Franzen, Senior Planner DATE: March 11, 1994 SUBJECT: Kohl's Department Store APPLICANT/ FEE OWNER: Homart Development Corporation LOCATION: Eden Prairie Center REQUEST: 1. PUD Concept Review on 75 acres. 2. PUD District Review on 75 acres with waivers for exterior building materials, building and parking setback. 3. Zoning District Amendment in the C-Regional Service Center Zoning District. 4. Site Plan Review for construction of a 90,000 sq. ft. Kohl's Department Store. 5. Preliminary Plat of 42 acres into 2 lots. 1 7r. A , - 4 7 , , , . •- :1 i KIN ''''/. OFFiCE CIR • I- LEONA ROADn., 1 loop . iir ; T;T.....S apoozo ye iv 1 . 1 ITEM E.2 MAR E ET ........ is":1- CEHTER ..1 . ...---------. IgEST ) 1 I • 1' (.\< 1/4 4 4,4.. Mir .. moNTG.cmE E ::EN gri immillo - PARE • • • • • -;a1 • 1,,, E.P i . ..•.•..... . • • . :::::::: :::.i•;:i 0.4.1111-1; er 4 th •:::::•:'•::•. . . . . . . . 11. 410, •::•:•:-:•6111.a' s tip 4 PRAIRHE ES LAK •:•:•:•: ••••• 'et * Kohls -t. 40 7TH CPNTER dio CEEPN:TERA_DA\*4. tiK1.4ttz.z: 0:. , aliplift 4.04 7 :SiNESS ' 1:3 LA KE•3 1" RK ct`,, 4 • 0 - I UNDS . ir ammo ADD )43.4 attics. .-4, 44, rrt M Ei3 A . 1 f et AGE i ' • A, wk. 1 I. _N.13i., 4-• • ki.-- ,e, &., *.. s4u,, 6.--. .., • rd AM. 4112111 saw wts,11444-01-1**4- ..,... s• .--;.d .-- A u, M Ai Ift • tE . i , - fa WI,' ""die• •-. .a. ,...,,- .-.."1 ROAD 4. ail ..:.L.• • - -----.. --- --_---• - -- ,.- - 7:1 . • 0 * - , .0) Ill redE.: . * .. • VW/ . .§," ••• - 41 lit • -' „4'‘ . 040F 1:74. .tIO ; ti • VAIANi Z. •?' : /46- .• Wir .Z.j.e..(.1 A, • V‹ 1 7 gj 011 . 4 ...' • kl• ' 4: • Z4L..ir Bif3CriS.QN.0 . q5' • . I -10 , AA fed i pp It - 11111 t 31 --‘ ,0 diU 4117 4 ci, 4#04tVCO I..- . Ira . zin•s'•• -' Me Aid WrePPA Ne 4 \2....5 o?' to.1 ir-I I••• Z it•:••":* ....it. '44C°.:*::`... *:!.•-. ‘ .. t4.,\ %Ai T.-•••<0.. • •*.% 41P411 1111-4'M - e.-DEN LAKiani. mill"Z11114 ,.• .. .4/1141 • i ?° -4* 1.... I jail , PCiNT ia t n s ,. .....4 011 li . 1+11* 1 K , • 04‘14 4aA I 1/01 1111 - r la ./.YPC41.4'T I' Ao', A c. MANOR W po .. . 1 As • tang 3 - _ • • ..,.. , %A.,. Staff Report Kohl's Department Store March 11, 1994 BACKGROUND This site is currently zoned Regional Commercial. Site plan approval was granted for the construction of a major department store in the proposed Kohl's location in 1975, however, the site plan approval technically expired with the adoption of the site plan ordinance in 1990. The site plan ordinance "grandfathers in" only site plans which were approved within two years prior to the adoption of the ordinance. SITE PLAN The site plan depicts the construction of a 90,000 sq. ft. Kohl's Department Store on 5.79 acres at a base area ratio of .16. The Commercial Regional Zoning District permits up to a .20 base area ratio. The Kohl's store meets the 80 foot front yard setback. The building requires a side setback waiver from 80 to 0 feet and rear yard setback waiver from 60 to 0 feet. All existing buildings are built on a 0 setback, therefore, Kohl's waivers are consistent with the PUD. Parking meets City code at a ratio of 5.5 spaces per 1,000 as part of the overall parking plan for the shopping center. A parking setback waiver from 10 to 0 feet is required. The Mall PUD is built with 0 setback to parking. EXTERIOR MATERIALS The building is proposed to be constructed of glass, metal panel, and rock face block. The City code requires that exterior materials be at least 75% face brick, glass or stone. The building as proposed is approximately 52% brick and glass, 8% dryvit and 40% rock face block. The Eden Prairie Mall is not in compliance with the current ordinance on exterior materials. In 1975 when the project was approved, City code did allow the use of concrete block or concrete panels with an applied decorative surface. In 1990 when the City adopted new exterior material classifications, the use of concrete was limited to 25% of the building's exterior. The City has two options: 1. Require Kohl's to meet City code requirements. 2. Grant a waiver through the Planned Unit Development District Review. Three factors that the Planning Commission may wish to consider as they deliberate the appropriateness of an exterior materials waiver are: 2 Staff Report Kohl's Department Store March 11, 1994 1. The City will be reviewing a proposal in the future for Commercial uses across Prairie Center Drive for which the City will require the buildings to meet exterior materials requirements. 2. The Eden Prairie Shopping Center is a blend of exterior materials which currently does not meet the City code requirements. A reasonable approach to exterior materials would be to require that the wall directly facing Prairie Center Drive be face brick and other walls could be constructed of glass, metal and rock face block. The glass wall is an expansion wall because there is room to add another department anchor. 3. The Kohl's Store is set back several hundred feet from Prairie Center Drive and is not highly visible. GRADING Minimal site grading will occur to accommodate the proposed pad as proposed. There are no existing trees on site which would be lost due to construction for which replacement would be required. STORM WATER RUNOFF All storm water runoff drains towards the south into Neill Lake which is a storm water pond designed for the entire shopping center. UTILITIES Sewer and water service is available on the existing Eden Prairie Shopping Center site. LANDSCAPING City code requires caliper inches of trees based on the building's gross square footage or 281 inches. Within the proposed development area, there is not enough room to meet the caliper inch requirement. The remainder of the caliper inch requirement could be planted within the exterior green areas along Prairie Center Drive. SIGNS The wall signs proposed meet City code. 3 :A, 7 Staff Report Kohl's Department Store March 11, 1994 STAFF RECOMMENDATION The Community Development Staff would recommend that the Planning Commission approve the PUD Concept Amendment, PUD District Review with waiver, Zoning District Amendment in the Commercial Regional District and Site Plan Review based upon plans dated March 11, 1994, subject to the Staff Report recommendations dated March 11, 1994, and subject to the following conditions: 1. Prior to building permit issuance, the proponent shall meet with the Building Official and Fire Marshal to go over fire requirements. 2. PUD waivers are granted as follows: a. From 75% brick to 52% brick. b. Zero lot building setback for rear and side yards. c. Zero lot line parking setback. 4 Homart Corporate Office 55 W.Monroe,Suite 3100 Chicago,Illinois 60603 5060 (312)551-5000 February 11, 1994 Mayor Doug Tenpas and the Eden Prairie City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344-3677 Dear Mayor Tenpas and City Council Members: Homart Development Company is requesting your approval to begin construction of a Kohl's Department Store at Eden Prairie Mall. We are proposing to add a two-level Kohl's store of approximately 90,000 square feet, connected to the mall by approximately 3,500 square feet of net additional mall GLA(Gross Leasable Area). The proposed store will be substantially within the eastern expansion area delineated in the original approved site plan (Exhibit A). I have attached Exhibit B, showing the proposed Kohl's store as it relates to the mall building. I have also enclosed detailed grading, utility, and landscaping plans, as well as exterior elevations of the Kohl's store and the new mall GLA. The proposed site plan represents a slight alteration to the expansion area delineated in the original approved site plan. However, the proposed store will be well within the buildable area permitted in the original site plan. The original site plan allows for a store with a maximum floor area of 130,000 square feet and new mall shops of approximately 52,000 square feet. Kohl's is planning to begin construction of their store on April 15, 1994, with an anticipated opening in the fall of 1994. The addition of Kohl's will substantially help Eden Prairie Mall improve its market share, given the increased competition the mall is facing from Southdale Mall and Mall of America. The proposed Kohl's store will also substantially improve leasing within the mall by creating a strong incentive for cross shopping between Target and Kohl's. Homart appreciates the City Council's help in working through the tight schedule ahead of us, and we look forward to the opening of Kohl's store this fall. Sincerely, % o - William B. Moston Enclosures (2) WBM:lim William 8.Moston Regional Mall Development 312/551-5058 •• - 41-:lHt . ..... -. . ,, ..... -2=Z 1 •-. • • . .- .I T i 1 t-,::::::•.. •::::: ".•?: t • , - •••••• I ;• : !II . t .t. • • • tp,S•f• W.75- .c..,••' . -.-.'•'- - . •, .......... .... ...... .... ,• 1-. I /. --":•-•-r.. .-'-' t ,t% • ; t.\ . ,,.\ --74:77: 1., ; t•CM. JPEi DEVELOPMENT PARC.EL j.(• • -'. I i': •,:'\''\‘'• 4"j.:_ - .5” -1 -•., _______ 1 I , -- .• .....,......... •••• .I" 11:: ... '. :,:...'..--"•' 1 i,1 I ''',;• \,\?N y , . •\ \ \.-• \ 7 :P- . ‘..f.. .,. „, ' ,....... ..... . I I': :,-.I:-....t:.-.•"'.l••':'.._:.•oN . • ,), / ,•-•' 0 per Level - - ; ! ......... ..—. ,.. ,.. , ...„. ,., • , . ,, ; ;. .......... i...... ; e.• HANDICAPPED PARKING / /• . 3 - // /':..2.:. '''..Z..A.'24.1 1•'.' .............. 22.... ' • N• V/. 7 . _.' i / N ti'.;,-I •' "-' ' ;\j 1 I / ''-i. HOMART PARCEC't"' ,,' ,'. a• 1 .."" •"''''''''' ; "... I . / •"' - ••••.• ••••• ; •*" I.., _... ..Z".‘".' . ' . ., •' . / • ' ADCOR/PARCEL' i •°'1'r-I, \ —."-" I • ' ""'"' -"' • " ' 7',/,''' ,1 .-. • ' .' ' .%:.;•-•:`,•;. 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'''.:.".".•:::‘ ' '- s- 4' 1 , MO Met.ACP..I......0 ' , , ,V / • ' L'l N ' '' ‘:, ,;"1: .4..owet Levet, ' i I di• N ' N, MALL • / /iOr .1F i -. ... (') -' -. ..• •Nik ..? °'- ‘' '''. 's . -ti.,•,;...,. `p ",' . ' -.' ' ,:1';', %, '•'.. . '1,1,, ' I • • i• .-e...... ' r.N ) ill' 'N N '' s'tf‘ 4 ' • I - , ,- N / . .,,,: ,s—/,HOMART, PARC: EL',,‘ . i ti \ '' ' "' `....-.•,,, , - x .11; / \„ . .- . .N, • Nmomarre `...,. .... AI ...!„. \'''s LEGEN° i- a: ' ..1 " / • ---. 1. . ' ,,, iy . ., .:„.......... ..,.., ,,,,4.. ..,.. •,..„. ,. ..,- ... ,... ,-....,., . ,.„,.. - .\ \ & / I / I- J '•I,.... ,,‘ Vt.t.‘,. 7' '' ' ' . • 4 4' / "d" .•• EXPAr'iSiele -. t ‘• „'. p•. I ' '• • •• y , ,;:%\-,. 1 i , "N AREA/ i',\Pe' P ',-, • •4 • kopeed.0 Location of il• g . I , ////' • ......t1s ';' ,' ' 4,6: pc s.. -• / sh.ong Cantor kmantolluaon p. i. • . o ..1......1 •••••• // •j`'s 64.Aldr _ \•,. ',, , -- ---- •••• ":• 0 90° PARKING . ...._4,/ , ,. x .N- - - • • . I ./ -.4% N . -, .,.`°,. , -.s !,,/...... ,•‘'.1.,:.,) v.. ,:, N .., ..,. ---.._ .. /, i . / . .,,, , -..\.‘ . „. ( . „,. , . ...,:i:1...1 -- . 7.,:,.../ ,\-.,) .., - - '' N'. N : ... .:. , P/;; A/''''"/ / •\'.• / 011‘ • / % • v/ / ' ,,Y; . ,/,,,,;,,ci "• ... s s'!,.i.'`::y.....,"•Upper Level IV N"47,/ . \ coma// . , ..•:: , . ,,I . / * FUTURE DEVELOPMENT \* / .,.• , ,Y .- :, . - - -. t- .: .if\ • ::;., .14CMART: PARCP , ./-'1c'' / / . ', -.... ' • -• - "`-' - --. 4/ 7- , 7 :( PARCEL l'f.".'As."1 , • *+"1".• ' ' ._-, ., • „ I .0••...-. • N .,,y.. 1.•.:. ), N ••';'". •,..,„ !i /t .• v, '••.'1 > , •:/)-.... ", ,), : 272 ACRES " ' / •- ' -f',.:.°-,••• ,?... _4,,,N7/ •t. 11:, ,:.,... 9 / .-.' ,,...; / ''''''•,•'. ' . '1'7 ••••••-", ,// %. ''' ArruFti'' ' ,"/ / // / ' 1./..:;•• .... s',,'..`11 I. , •,//-- . v ,• ..., „ .,., .. ' / ,'", /4..,..„7-. `•,..: ::''..-- .„-- ... ...„, ,, / ismarjai cc ' / f , • / ,. 1 rl.:-.'- •"- , 1 \ ---------- - I .., •„• ."' ' Ade..01 Fteelly Ccwp. By Ft,;I ., ,,, -•1'.‘' 1' .;:.!. '. ,..,;...f...i"•'i -•••••.:1'_.,- .-:V Soars Roebuck&Co. * N , - , - BY • •• ••'i '"' '''' '"' ... _L. __ . — _ --- - ---- / Homed Developriurd Ca EXHIBIT A LP-1 . _--- . I ,• \ 1 1 / / N / • g'K , / CARSON -------- s, TABGET • , • Nis, PIRIE ' 11\1-1Ifi'Lli:'. SCOTT / '.'" ____---- 7 /-- / -.. , • ...„ (,,, „ t, , Ir ' SI N n r:_r•y N?,::„ .. N. , .• ! . I • •s N. CN:i X,NFt \ \ \ N N ' • . . . N..--....N.NI ., ... , . . , .......... . 1 ii ? : > „ rKOHL'S f,„, ' NAll . ---1,;f. Ne.•_N/_;/_%_= --Ak.• _,.p Ilk 44 6Lekt%t N . • • '74A . ///c---,) ,. ' . •A' 41-> . . < __,........„ z") ‘1.9 71, J ..„,..,,,.: . ..., EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-22-94 SECTION: PUBLIC HEARINGS ITEM NO. W. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger HUBER FUNERAL HOME Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Amending the Industrial Zoning District to permit funeral homes as a permitted use; • Adopt an ordinance for Zoning District Amendment within the I-2 Park Zoning District. The effect on the City Council action allows the development on approximately a 7800 square foot funeral home. The project was reviewed by the Planning Commission on February 28, 1994. The Planning Commission voted 5-2 to approve the project as submitted by the Developer. The Park, Recreation and Natural Resources Commission voted 5-2 to recommend approval of the proposal on March 14. The Heritage Preservation Commission reviewed the proposal on February 28 and supported the project given that the adjacent More property be treated sensitively. Overview This site is currently guided and zoned Industrial. Funeral homes are not a permitted use in the I-2 Park Industrial District. Primary Issues: 1. Should the City consider changing the Comprehensive Guide Plan and Zoning to Commercial which would allow a funeral home by right, or amend the I-2 Park Zoning District standards to allow funeral homes as a permitted use? Staff does not believe that the Comprehensive Guide Plan and the site should be changed to Commercial. A Commercial designation would allow other uses which could generate more traffic than a funeral home. Considering the proximity to residential uses, and the fact that a funeral home is a quiet use in the low traffic generated, makes this a good location for a transitional use. A Staff survey of surrounding communities indicates that funeral homes are permitted in Commercial Districts, but not Industrial Districts. Staff believes that since funeral homes are transitional, they could be located in Public, Office, Commercial or Industrial Districts. Supporting Reports: 1. Staff Report dated 2-25-94 2. Staff Memo 3. Planning Commission Minutes of February 28, 1994 PLANNING COMMISSION 3 February 28, 1994 B. HUBER FUNERAL HOME by Miller Construction. Request for Zoning Code Amendment amending Chapter 11 adding Funeral Homes to the list of permitted uses in the I-2 Park Zoning District, Zoning District Amendment in the I-2 Park Zoning District on 1.6 acres, and Site Plan Review on 1.6 acres for the construction of a funeral home. Location: County Road 4 and Cadillac Drive. Gary Verkinnes, representing Miller Construction, reviewed the request. Sandstad asked if there had been a conscious attempt made to coordinate the project with the More House next door. Norm Cole, the architect for the project, said they had discussions with the Historical/Cultural Commission about the structure. Paul Huber said they have also discussed sharing parking facilities with the Moore House. Clinton asked about the lighting for the project. Cole reviewed the plans for the exterior lighting which include standard light fixtures on 18 foot poles. • Schlampp asked if 54 parking stalls will be sufficient. Huber said they had originally planned to have 69 or 70 stalls, but the buffer recommended by the Historical Commission took up some of the parking space. Huber noted that most funerals are conducted in churches, and that visitations are scheduled over a 3-to-4 hour period, so the parking should be adequate. Kardell asked if any of the parking at the former Legion Hall would be used. Uram said that would involve private negotiations between the two owners. Schlampp then asked if there would be additional parking available along Cadillac Drive and if so, how much. Uram said it is a private road and he did not know if parking is permitted there. Uram said Staff recommends approval of the amendment to the City Code to allow funeral homes as a permitted use in the Industrial Zoning District rather than the alternative of changing the Comprehensive Guide Plan to Commercial for this site. He said Staff also recommends that building materials be reviewed prior to the issuance of PLANNING COMMISSION 4 February 28, 1994 a building permit. Schlampp expressed concern about the stormwater drainage and the small NURP pond for the site. Uram said the amount of runoff from this project will not enlarge the pond that is there and that the Engineering Department recommends a cash contribution instead of a NURP pond. Schlampp asked where the cash contribution would go. Uram said the Engineering Department wants to avoid the expense of maintaining a lot of small NURP ponds, so the cash will go into a special fund to develop larger NURP ponds in other areas of the City. Joe Springer, representing Welsh Companies, owner of the former Legion Club building, said they have a purchase agreement for the building now that would reopen the upstairs as an upscale restaurant. He said that a funeral home on this site is inconsistent with the purchaser's plans for the former Legion Club building. He said the purchaser believes the orientation of the site plan is very unfavorable and that they believe the parking facilities would be inadequate. He said they have not been contacted about sharing Cadillac Drive. Carol Madsen, Welsh Companies, said there is a Developer's Agreement regarding the three parcels on this site, an amendment to which states that the parcels will revert to Industrial Zoning if not developed to I-2. She suggested that proponents be asked to buffer the other two sides of the project in addition to the side facing the Moore House. Uram said he thought the Huber's and Welsh Co. need to get together to discuss some of these issues; however, he said the Commission needs to determine first whether this is an appropriate use in the Industrial Zoning district and then whether it is an appropriate use in this location. Rod Krass, representing the purchaser of the former Legion Club property, said they have been working on this site since October. He reviewed at length the issues that are involved in the Commission's decision on the project, stating that this is a request to amend the zoning code for funeral homes as a permitted use in the Industrial District. He said this is an attempt to deal with a site-specific problem with a text amendment to the zoning and that by dealing with one particular site, the commission will recommend authorizing a use in a particular zone that doesn't belong there. He said that, in effect, it puts a retail use in the Industrial District. He thought it was inappropriate to add a text amendment for this part of the I-2 zone. John Lewman, representing Towle Co., said that Thompson Lumber owns the third property in this area. He said Welsh built the road with the understanding that all three property owners would share in the maintenance, so this project would have to pay the outstanding costs for construction of the road as part of the final agreement. He commented that he thought the use of the property could be much worse and that the z-. 6, - 3 PLANNING COMMISSION 5 February 28, 1994 majority of the windows in the restaurant would face the opposite direction of the project. Clish said she thought the proposed building would enhance that area of the city; however, she did have a concern about the situation in the former Legion Club building with the restaurant and the situation regarding the Hockey Association project in the lower level of the building. She said she would like to continue it to see if the two parties could work something out. Schlampp said he would also like to see the project continued. Madsen said she was concerned that they had no opportunity to talk with the proponents. MOTION: Kardell moved, seconded by Bauer, to close the Public Hearing. Motion carried 6-1-0 with Clish opposed. MOTION: Kardell moved, seconded by Bauer, to recommend to the City Council approval of the Zoning Code Amendment amending Chapter 11 adding Funeral Homes to the list of permitted uses in the I-2 Park Zoning District based on plans dated February 25, 1994, and subject to the recommendations of the Staff Report dated February 25, 1994, with the further recommendation that the parties involved try to resolve some of their differences prior to the project coming before the City Council.. Motion carried 5-2-0 with Clish and Clinton opposed. MOTION: Kardell moved, seconded by Bauer, to recommend to the City Council approval of the request of Miller construction for Zoning district amendment in the I-2 Park Zoning district on 1.6 acres based on plans dated February 25, 1994, and subject to the recommendations of the Staff Report dated February 25, 1994, with the further recommendation that the parties involved try to resolve some of their differences prior to the project coming before the City Council. Motion carried 5-2-0 with Clish and Clinton opposed. MOTION: Kardell moved, seconded by Bauer, to recommend to the City Council approval of the request of Miller Construction for Site Plan Review on 1.6 acres based on plans dated February 25, 1994, and subject to the recommendations of the Staff Report dated February 25, 1994, with the further recommendation that the parties involved try to resolve some of their differences prior to the project coming before the City Council. Motion carried 5-2-0 with Clish and Clinton opposed. • z'. 6.- y MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Coucnil THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources •{ FROM: Barbara Penning Cross, Landscape Architect DATE: March 2, 1994 SUBJECT: Supplementary Staff Report to February 25, 1994 Community Development Staff Report for Huber Funeral Home RECOMMENDATION: • The parks, recreation and natural resources staff recommend approval of the Huber Funeral Home as per this supplementary memo and the Community Development Department staff report dated February 25, 1994. OVERVIEW: • This proposal meets all City Codes and does not require any variances. • The building will be residential in character with brick to match the historic Douglas- More house to the north. • The landscape plan meets the caliper inch requirement by code. The landscape materials • match what currently exists at the historic property, as recommended by the Heritage Preservation Commission. • No significant trees are on the site. • A pedestrian trail is in place along County Road 4. ISSUES: A 50 foot building setback is required by code to buffer the adjacent rural zoning, the historic Douglas-More house,regardless of the use (commercial, office, industrial, etc.). To keep the historic integrity of this house and screen the loading area of the funeral home, staff would recommend keeping the buffer strip 50 feet wide. If the commission wants to allow one row of expanded parking by encroaching into the buffer strip, staff would recommend requiring a retaining wall to maintain the elevation difference between the two uses, and to add an extra row of landscape materials for additional screening. BPC:mdd • Y'. 6. - V. DEVELOPMENT PROPOSALS A. Huber Funeral Home - Cross introduced Mr. Paul Huber, the proponent of the funeral home. Mr. Huber requested a reduction of the 50 foot buffer required between the Douglas-More house and the funeral home. Brown asked if this reduction was requested so that additional parking spaces could be provided. Huber stated that a funeral home can always use additional parking and that they could obtain some more spaces from the buffer reduction. He indicated that any events held at the Douglas-More house could use the Huber parking lot. Cross stated that the site is zoned I-2, and a 50 foot building setback is required by code. A retaining wall and additional landscaping would be needed if the reduction of the buffer were approved. McGinnis, the General Contractor, indicated that additional parking space would help with large visitations. Code requires 52 spaces and they will have 56 in the current plan. A reduced buffer would add 23 spaces. They would landscape the buffer regardless of the depth. It is a lot of land to own and maintenance which they can't use. He asked for a 25 foot reduction in the setback. Hilgeman asked if she would have a conflict of interest since she is on the Historical Society and had asked that Huber be denied a request for a funeral home at this location. Since they are permitted to build, she thinks that a 50 foot buffer isn't too much to ask for given the differences of these two sites and the need to keep the historic value of the house. Kracum asked if the city ever grants sideyard variances. Lambert replied, yes; we need to look at what impact a variance on this site would have on the Douglas-More house. The Commission could consider a reduction in the total buffer, parking could be allowed on the back half and retain the 50 foot buffer on the front half nearest the road. Lambert stated that the setback of natural space is needed to give the historic Douglas-More house a feeling of isolation from parking lots and new development. Kube-Harderwijk stated that she agrees that the funeral home needs additional parking space. There's no place else to park. Bowman asked if utilizing the parking across the street (Miller Park) was an option. Lambert indicated he would not encourage the funeral home to plan on using the parking lots in Miller Park. City activities may be going on when funeral parking is needed. Huber stated that the Planning Commission approved the plan with the 50 foot buffer. Authorization for the buffer reduction was needed from the Parks, Recreation & Natural Resource Commissiod. 3 -Sa MOTION: Hilgeman moved to recommend approval of the project based on Parks, Recreation & Natural Resources supplemental memo and Community Development memo which includes a 50 foot buffer strip. Motion passed 5 - 2. VI. OLD BUSINESS A. Philip Hill Property Acquisition Status - Lambert stated that the purchase of two sites were needed for the Riley Lake Park. The Thomas property is acquired. The Hill property is still needed. Hill property is appraised at $36,000 and Mr. Hill wants $150,000 for his property. Lambert further stated that the appraisal value is low because the lot is unbuildable without water and sewer and there's a road between the lot and lake. Sewer can't be added until a lift station is constructed; and would not be pursued unless the people on the south side of the lake petitioned for it. The cost of water and sewer is estimated to be $15,000. Lambert said Mr. Hill is retired and wants a comparable lot on a lake but he states that he can't find such a lot anywhere in the metro area for under $200,000. Bob checked some real estate sales and contacted realtors. He found a lot on Riley Lake that sold for $110,000 a few weeks ago. He suggested a price of$95,000 to Mr. Hill. $110,000 for a lot, less the $15,000 cost of adding sewer and water to his existing lot. There is another lot for sale on the west side of Riley Lake with an asking price of$119.00. Lambert hasn't heard from Hill. Construction is to start June 1 and can't proceed unless we (City) own the land. Lambert stated that condemnation should be authorized for a "quidk take" of the property so construction can start. He will continue to negotiate. MOTION: Moved by Bowman, seconded by Kracum to offer $95,000 for the Hill property and start the condemnation process. Motion passed unanimously. Following the motion, Hilegman indicated she had a problem with condemning someone's property. Lynch stated that the City has tried to work with Mr. Hill; and Bowman said he thinks $95,000 was a fair offer for Hill to purchase a better lot on the same lake as his lot. VII. NEW BUSINESS A. Wetland Mitigation Proposal - Don Brauer presented his letter/memo and answered Commission questions. He explained how mitigation/wetland banking works and how it was handled in other communities and projects. He indicated that Eden Prairie doesn't have a sizeable piece of land for wetland G3-- 5,b STAFF REPORT TO: Planning Commission THROUGH: Chris Enger, Director of Community Development FROM: Michael D. Franzen, Senior Planner Don Uram, Planner DATE: February 25, 1994 SUBJECT: Huber Funeral Home APPLICANT/ FEE OWNER: Huber Funeral Homes LOCATION: Cadillac Drive and County Road 4 REQUEST: 1. Zoning Code Amendment amending Chapter 11 adding Funeral Homes to the list of permitted uses in the I-2 Park Zoning District. 2. Zoning District Amendment on 1.6 acres. 3. Site Plan Review on 1.6 acres. 1 E: Liiiiiii•i!4 - ..LL LI E1 MIR ill 1i*;l/41l.P,'ai%' i%i:4l1Pr,,3,v,:•:i:,ni:.,•:,.:i1:•,:v.•-:i••r•.:... fli t >` 4dk9"rl w.. l:.:z o WTGATE r� .. 2 ;� 1a11 11 � AVENUE _ . ICi /4►`.. .n - ■r alll ‘11ft ,„ al 3.). 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Funeral homes are not permitted within the Industrial Zoning Districts. Initial discussions with the developer were whether the City would be more receptive to a Comprehensive Guide Plan Change to Commercial or amending the zoning code for funeral homes as a permitted use in the Industrial Districts. A change in the Comprehensive Guide Plan and rezoning to Commercial is not appropriate in this location. If the funeral home built, but went away after a few years, then any use that is permitted in the Commercial Zoning District would also be permitted on this site. A convenience store, bank, or general retail would not be appropriate in this location because of the additional traffic it would add to County Road 4. Although the Cadillac Ranch was rezoned and guided Commercial several years ago, it was based upon the Legion Post occupying the building. At that time the Legion was a Commercial use (grandfathered in) in the Industrial District. When the Legion Post wanted to expand, the City zoned it to the appropriate zoning classification. The Legion site was zoned I-General. Rather than expanding a commercial area which was intended primarily to accommodate the Legion Post, and since funeral homes are transitional uses, it would be better to amend the City Code. The attached memo indicates how other communities permit funeral homes, while none of the communities contacted indicated that funeral homes are permitted in the Industrial Districts, they consider funeral homes as a transitional land use. Since this site is adjacent to residential on the north and west, it is a candidate for a transitional use. The residential character of the building helps blend with other homes in the area. SITE PLAN The site plan depicts the construction of a 7,744 square foot building on 1.6 acres at a base area ratio of 11%. The I-2 Park Zoning District would permit a 30% base area ratio or a 24,346 square foot industrial building. The building meets the required front, rear and side yard setbacks in the Industrial Zoning District. Parking is provided at the required minimum of one space for every three seats in the meeting area. Access is off Cadillac Drive. Cadillac Drive is a private driveway serving other sites. The funeral home must enter into a shared access and maintenance of utilities agreement with the adjoining property owners. 2 Staff Report Huber Funeral Home February 25, 1994 GRADING This site was previously graded as part of the Legion Park subdivision. Minor changes to the existing grading will occur to accommodate the building and parking as proposed. There are no existing significant trees on the property which would be lost due to construction. No tree replacement is required. LANDSCAPING The City code would require that the landscape plan be based upon a caliper inch requirement according to the building's gross square footage, screening of parking areas, and buffering to the Smith-Douglas-More House to the north. The landscape plan meets the caliper inch requirement and screens parking from County Road 4. ARCHITECTURE The proposed one-story building will be constructed of a combination of brick and maintenance- free siding. STORM WATER DRAINAGE Storm water runoff drains towards an existing detention pond in the southwest corner of the Cadillac Ranch site. This pond is not to NURP standards. A NURP pond on this site would be small. The Engineering Department is recommending a cash contribution instead, which will be applied to construction costs of ponds in future 212 right-of-way. Sewer and water service is available on Cadillac Drive. The funeral home must provide the City with a drainage utility easement over the existing utilities before the funeral home can connect up to these services. TRAFFIC If the site was developed for industrial uses accordingto code, a total of 18 trips would be P generated during the peak hour. By comparison, a funeral home on average, would generate 20 trips during the peak hour. Total traffic entering the site would be 80 for an average visitation or funeral, but the trips are generally spread over a four hour period. Since total traffic forecast is comparable to what is possible if the site is developed industrial, no further traffic improvements are suggested for this area. 3 . C3 9 Staff Report Huber Funeral Home February 25, 1994 STAFF RECOMMENDATION The Community Development Staff would recommend approval of the amendment to the City Code to allow funeral homes as a permitted use in the Industrial Zoning District, Zoning District Amendment, and Site Plan Review on 1.6 acres based on plans dated February 25, 1994, subject to the Staff Report recommendations of the February 25, 1994 report and subject to the following conditions: 1. Prior to grading permit issuance, proponent shall: A. Submit detailed grading, storm water and utility and erosion control plans for review by the Watershed District. B. Submit detailed utility, erosion control, and storm water runoff plans for review by the City Engineer. C. Notify the City and Watershed District at least 48 hours in advance of grading. 2. Prior to building permit issuance, proponent shall: A. Submit samples of exterior materials for review. B. Submit detailed plans for review by the Fire Marshal. C. Pay the appropriate cash park fee. 4 Westonka Area Chamber of Commerce 5600 Lynwood Boulevard, Mound, MN 55364 • 472-6780 March 10, 1994 Doug Tenpas, chair Patricia Pidcock Dick Anderson Marty Jessen Jean Harris Dear Council Members: I am writing this letter as Executive Director of the Westonka Area Chamber of Commerce and on behalf of Paul Huber of Huber Funeral Homes. I would like to highly recommend consideration of the proposal by Huber Funeral Homes for the funeral home in Eden Prairie between the More House and the former Cadillac Ranch Restaurant. I have worked closely with Paul Huber and other members of his staff since becoming the executive for the Westonka Area Chamber in November, 1991. Paul is the immediate past president of the Westonka Area Chamber and a current member of the Chambers board of directors. The Hubers as individuals and as business people are very conscious, generous, and considerate participants in their local communities. Few people work as hard as these folks at consensus and cooperation in the business world. The Hubers are conscious and respectful of others rights and will be outstanding members of Eden Prairie's business community. They work very hard at accommodating in every possible way any requests made of them in their business activities. It is my opinion that Eden Prairie will find a great business partnership with these fine people. I want to highly recommend approval of their project at your next council meeting. Sincerely, / 70fe— Marjorie D. Friederichs Executive Director "Working Together" Serving the communities of Minnetonka Beach, Minnetrisba,Mou d Orono(Navarre),Spring Park,and St. Bonifacius. . MEMORANDUM TO: Planning Commission FROM: Michael D. Franzen, Senior Planner Don Uram, Planner DATE: February 25, 1994 SUBJECT: Mortuaries The following is a summary of the appropriate zoning districts and specific lot requirements for mortuaries within six suburban communities. Bloomington Mortuaries are allowed as a "conditional use" in the Limited Business (B1) District, Retail Business (B2) District, and as a "permitted use" in the Central Business (CB) District. The purpose of the Limited Business District is "to provide areas appropriate for office uses and multiple family uses particularly in transitional situations between business or industrial zones and residential districts." In addition to meeting the performance standards of each particular zoning district, the requirements for a conditional use permit are as follows: 1. That the proposed use is not in conflict with the Comprehensive Plan. 2. That the proposed use is not in conflict with an adopted district plan for the area. 3. That the proposed use is not in conflict with the stated intent of the zoning district in which it is to be located. 4. That the proposed use will not unreasonably harm the public health, safety, and welfare; create a nuisance; or create unreasonable congestion injurious to nearby properties. 5. That the proposed use does not interfere with the creation of a beneficial environment within its own property boundaries and on adjoining properties. 6. That the proposed use will not interfere with the provision of a reasonable economic benefit to the community. 7. That the provisions for interrelationship between the proposed development and contiguous and non-contiguous adjacent properties will not adversely affect pedestrian or vehicular movement and will not adversely affect the buffering of service facilities and parking areas. 1 Ir. 6. - 12. Specific lot requirements include: B1 B2 Lot Width 100' 100' Front Setback 35' 65' Side Setbacks 20' 10' Rear Setback 25' 15' Parking is based on 1 space per every 3 seats. Brooklyn Center Funeral and crematory services are allowed as a "permitted use" within the Service/Office District (C1) and the Commerce District (C2). Specific lot requirements include: C1 C Lot Width 150' 100' Front Setback 35' 35' Side Setbacks 10' 10' Rear Setback 40' 40' Parking is based on 1 space per every 3 seats. A special requirement of the C 1 and C2 Districts is that "Wherever a C 1 or C2 development abuts a residential district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 15 feet wide in the C 1 District or 35 feet wide in the C2 District with an opaque fence or wall or a Council approved substitute. The protective strip shall not be used for parking, driveways, offstreet loading or storage and shall be landscaped. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the C 1 or C2 area. A proposed fence or wall shall be no less than four feet in height in the C 1 District or eight feet in height in the C2 District and shall not extend within 10 feet of any street right-of- way." 2 • Z'.13.- )3 Chanhassen Mortuaries are allowed as a "permitted use" in 3 separate zoning districts within the City of Chanhassen. This includes the Business and Highway Services (BH) District, General Business (BG) District, and the Office and Institutional (OI) District. BH BG DI Lot Size 20,000 sq. ft. 20,000 sq. ft. 15,000 sq. ft. Lot Width 100' 100' 75' Lot Depth 150' 150' 150' Front Setback 25' 25' S5' Rear Setback 20' 20' 30' Side Setbacks 10' 10' 15' A rear yard setback of 50 feet is required adjacent residential developments. Eagan The City of Eagan allows mortuaries within the Limited Business (LB) District. The Limited Business District is appropriate in those areas "that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use." Specific lot requirements include a 30 foot front setback and a 10 foot side setback. Maple Grove Mortuaries are a "conditional use" within the Residential Business (RB) District. This district is designed primarily to provide for "the transition in land use from residential to low intensity businesses allowing for the intermixing of such uses." Specific lot requirements within this district include a minimum size of 15,000 square feet, a lot width of 120', front setback of 30', side setback of 15', and a rear setback of 30'. Parking is based upon 20 spaces per chapel or parlor plus one for each funeral vehicle. The "purpose of a conditional use permit is to "provide the City of Maple Grove with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare public health and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence located on the same premises, or on other lands immediately close by. The effect upon traffic into and from the premises or on any adjacent roads and all other further factors as the city shall deem a prerequisite of 3 consideration determining the effect of use on the general welfare of the public health and safety." Plymouth Mortuaries are a "permitted use" in the Office Limited (B 1) District, Shopping Center Business (B2) District, Service Business (B3) District. 1. The B 1 (OFFICE LIMITED DISTRICT) is intended to provide a district which is related to and may reasonably adjoin high density or other residential district for the location and development of administrative office buildings and related office uses which are subject to more restrictive controls. 2. The B-2 (SHOPPING CENTER BUSINESS DISTRICT) is intended to provide a district which may be applied to land in a single ownership or unified and organized arrangement of buildings and service facilities at key locations which are suitable for such use, which are conveniently located to the residential area they are intended to serve. 3. The B-3 (SERVICE BUSINESS DISTRICT) is designed to furnish areas served by other business districts with wide range of services and goods which might otherwise be incompatible with the use permitted in the shopping center business district. Specific lot requirements include: B-1 B-2 B-3 Minimum Lot Size 1 acre 1 acre 1 acre Lot Depth 150' 200' 150' Lot Width 150' 200' 150' Front Setback 50' 50' 50' Side Setbacks 15' 35' 15' Rear Setback 25' 35' 25' • Side Setback (Adjacent Residential) 75' 75' 75' Rear Setback (Adjacent Residential) 75' 75' 75' Parking requirement is 1 space per every 5 seats. 4 aZ. 6, - is Summary Based on the preceding information, mortuaries are allowed as transitional land uses between commercial and residential developments. Typical lot requirements include front yard setbacks ranging from 25 feet to 65 feet, sideyard setbacks from 10 feet to 35 feet, and rearyard setbacks from 15 feet to 40 feet. Special requirements for lots adjacent residential land uses include increased setbacks and special buffer strips. Parking is calculated at 1 space per 3 seats. Eden Prairie's zoning requirements are similar to those of the communities surveyed for this type of land use. Funeral homes and mortuaries can be considered transitional uses. For sites that are planned office, commercial, or industrial and located next to residential, a quiet, residential looking building is appropriate. Since funeral homes-mortuaries are retail, they would be allowed within any commercial district currently. The office and industrial districts do not allow retail uses. While funeral homes-mortuaries might locate in an office area, generally the price of land discourages these uses from locating there. Industrial, sites tend to be lower cost. In recent years, funeral homes have looked at developing on existing industrial sites in Eden Prairie. Staff does not believe that a funeral home would locate in the middle of an industrial park for several reasons. One, visibility and good access is desirable. Second, the size of parcels in the middle of industrial parks are generally larger than what the specific needs for funeral homes are. Those industrial sites that are located off major roads and are adjacent to residential, would be candidate sites for funeral homes. Depending upon the size of the development, a mortuary could be placed in industrial districts adjacent to residential. Factors which should be taken into consideration when reviewing a mortuary in this type of location includes the following: 1. Size of the project - The project should be developed with a lower Base Area Ratio than what is allowed per City Code. 2. Buffering from adjacent land uses- An adequate buffer shall be provided between land uses to screen parking and loading areas. 3. Transportation capacity - A traffic study should be done to determine the impact of the project on the existing street network. Mortuary traffic should not be routed through residential neighborhoods. 4. Architectural style - The building shall be residential in style and be made of materials consistent with City Code. If the Planning Commission does not believe that funeral homes should be located in the Industrial District, then the Comprehensive Guide Plan and zoning district designations which are most appropriate for mortuaries within the City of Eden Prairie are either Community or 5 Regional Commercial. These districts are recommended due to the type of business proposed in regards to specific site criteria such as size and location. Typically, mortuaries have a large service area and thus require a central location with good access and room for ample parking. These attributes are common of the City's commercial districts. 6 MEMORANDUM TO: Michael Franzen, Senior Planner THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: John Gertz, Historical Interpreter DATE: February 16, 1994 SUBJECT: Propsoed Funeral Home Adjacent to Smith-Douglas-More House At the Januarymeetingof the Heritage Preservation Commission, the proposed plan to build a g P P funeral home adjacent Smith-Douglas-More The commission to the Smith Douglas More House was discussed. concluded that development of the proposed site may adversely impact future parking needs for the historic property. Currently, the parking capacity of the More House property is three or four cars. Expanding the existing parking is not a viable option since it would compromise the. historical integrity of the site's remaining landscape. Consequently, the commission is recommending that the proposed funeral home site, or some portion of it, remain to be used as a access area to the Smith-Douglas-More site. In addition to concerns regarding parking and access, the commission will recommend the maintenance of existing natural vegetation at the property line. Ideally, minimal landscaping is desirable. Obtrusive berming, tree planting and obstructions of view would be unwanted. Plans for the future use of the Smith-Douglas-more House are not complete and consequently the exact parking needs are not known. However, it is safe to assume that no on-street parking will ever be available, and as mentioned, expanding existing parking would adversely impact the historical significance of the site. Additional parking space is needed and the commission feels the City should resolve this issue before allowing any development at the site of the proposed funeral home. If you have any questions regarding this matter, I would be pleased to discuss them with you. cc: Laurie Helling funeral/Gertz UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION MONDAY, FEBRUARY 28, 1994 7:15 P.M. CITY CENTER COMMISSION MEMBERS PRESENT: Art Weeks, Chairperson; Sherry Butcher-Younghans, Ron Case, Betty McMahon, COMMISSION MEMBERS ABSENT: Conrad Skonieczny, Bonnie Peterson, Debbie Stark COMMISSION STAFF: John Gertz, Historical Interpreter I. ROLL CALL The meeting was called to order at 7:26 p.m. by Art Weeks. II. APPROVAL OF AGENDA Case requested an addition to the agenda to be discussed under VI D, increasing Gertz's hours to full time. All agreed. III. APPROVAL OF MEETING MINUTES. JANUARY 24. 1994 There was a correction to the minutes by John Gertz suggesting that on Page 2, the 6th paragraph, removal of the words "if you don't dig." MOTION: Weeks moved that the amended minutes be approved, seconded by Butcher-Younghans. All ayes. IV. REPORTS OF STAFF AND COMMISSIONERS • A. Proposed Funeral Home Adjacent to Smith-Douglas-More House The Commission discussed at length the motion that was made to obtain the property presently being planned for the Miller Funeral Home. The concern of the Commission was that this proposed funeral home would take away the historical integrity and impact parking the Smith-Douglas-More House. Gertz reported that he spoke with Bob Lambert and that Mr. Lambert disagreed with this recommendation and would not support it. The cost to the City would be approximately $200,000 to purchase the property. An issue with the proposed funeral home was access to the More House, signage, and vegetation, etc. It was noted that the owners of the funeral home suggested that visitors to the More House could park in their parking lot, be shuttled to the More House and a path could also be constructed to the House. I 1 .b . lea McMahon reported that the Arts Committee approved the Funeral Home on that site and the rationale being that it was probably as desirable a construction as they could expect. Miller Funeral Home personnel had offered to construct the building to blend in with the environment. McMahon stated that the opinion of her former commission was that they and the Heritage Preservation Commissions might lose credibility and she encouraged the Commission to be proactive as opposed to reactive. A discussion ensued as to how they might approach these situations in the future. The Commission discussed the ramifications of pressing the issue and elected to respond to the City by letter. A discussion followed concerning historical sites and the need to also set boundaries to preserve the historical integrity of the site. It was recommended that this be put on the agenda within the near future and to include in it firming up the Mission Statement and working on a 5 year plan. It was decided that this would be a good time to study the situation since new members have joined the Commission. A three to four hour block of time would be ideal. Some of the concerns are the peony gardens, Cummins- Grille House which was one of the first horticultural farms in Eden Prairie. MOTION: Butcher-Younghans moved that a letter explaining the position of the Commission in a positive way, i.e., that this is a new Commission and that the issue has been revisited, that we need to present other options/concerns, and that the primary concern of the Commission is to assure the historical integrity of the More House be preserved. Seconded by McMahon. All ayes. Weeks will write the letter. B. Update on City Council Meeting Re: Individual Arts and Heritage Commissions It was announced that the City Council did approve the split between the former Cultural Commission and the Heritage Preservation Commission. An announcement was made that the Heritage Preservation Commission will be invited to meet with the City Council on July 19. Weeks informed the members that at these meetings the chairperson gives a presentation of what the goals are and also a summary of events that took place the previous year. C. Update on Cultural Resources Survey. Phase III and IV Gertz gave an overview of what will take place in the next phases. A contract has been negotiated with Bear Creek Archeology for Phase III. This will be a survey to include most of the Minnesota River Valley. It will be a pedestrian survey - - a walk over of those sites they have access to. It will also include core sampling and information resulting from this will be submitted on site forms. They will develop another context which will cover landscapes. This will be a citywide survey to look for natural landscapes. Background research will be done to identify different landscapes in the city. They will identify the best examples that represent these landscapes and I 2 71— DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South HENNEPIN Hopkins, Minnesota 55343-8468 PHONE: (612) 930-2500 FAX (612) 930-2513 _r_i_ TDD: (612) 930-2696 February 8, 1994 Micheal Franzen Senior Planner City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Proposed Plat - Huber Funeral Home CSAH 4, northeast quadrant CSAH 4 and Cadillac Drive Section 17, Township 116, Range 22 Hennepin County Plat No. 2118 Review and Recommendations Dear Mr. Franzen: Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: • The proposed plat is within the construction limits of Hennepin County Project No. 9016. Presently, this project is schedule for construction in 1995. The developer should contact Dave Schmidt, PE, project design engineer at 930-2532 for scheduling and project information. As currently proposed, CSAH 4 from future TH 212 to Terrey Pine Drive will be a four lane divided road, with full access provided at the CSAH 4 Cadillac Drive intersection. • The developer should verify and show the current right of way limits along CSAH 4 as dedicated in Legion Park. • All access from the plat to CSAH 4 should be via existing Cadillac Drive. The proposed plat, dated January 25, 1994, shows a proposed new driveway approximately 205 feet north of Cadillac Drive. Under Project No. 9016, CSAH 4 in this area will have a median and Hennepin County will not permit a median cut. Hennepin County may consider a right-in right-out only access at this location. • All proposed construction within County right of way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to access construction, driveway removal , drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. HENNEPIN COUNTY Q, _ l 9 an equal opportunity employer Micheal Franzen February 8, 1994 Page 2 • The developer must restore all areas, within County right of way, disturbed during construction. Please direct any response to Doug Mattson. Sincerely, Thomas D. ohnson, P.E. Transportation Planning Engineer TDJ/DBM , Q, - z© Jan.26 .1994 Eden Prairie City Council Members and Staff- The Eden Prairie Historical Society has become aware of a proposal to develop the piece of land adjoining the city-owned Douglas-More Home on Eden Prairie Road. We are concerned that any building on this property at this time would severely limit the future use of the Douglas-More House as an historical site. Were there to be events held there along the lines of the annual Sunbonnet Days at the Cummins-Grill Home, or tours of the historical homes and sites in Eden Prairie, adequate parking facilities would be needed. We feel it would be extremely advantageous to have access to this site for this purpose. We respectfully request that you consider keeping this site free from development at this time and look toward the possibility of the city purchasing this land as parking and additional space for the optimal use of the Douglas-More Home as an historical site. Respectfully, The Eden Prairie Historical Society Y�, Q.- 2. 1 DATE: March 22, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Order Improvements and Prepare Plans and Specifications Alan D. Gray for West 82nd Street Recommended Action: Adopt resolution directing the preparation of plans and specifications for West 82nd Street Improvements. Overview: The original Feasibility Study for this project was received by Council February 15, 1994. Subsequent to distribution to Council an error was discovered in the cost estimate for street construction on West 82nd Street. The revised estimate for street construction reflects a lower cost than originally reported to Council. The text, tables, and preliminary assessment roll were revised March 2, 1994 and then distributed to the owners of property shown on the assessment roll. A revised copy of the feasibility study is attached to this memo. The proposed assessments were prepared in accordance with the City's assessment policy and the experiences with assessment issues in existing residential neighborhoods over the past several years. The process used to determine the appropriate number of lot units of assessment for those parcels abutting the north right-of-way of West 82nd Street is consistent with the process we used in neighborhoods such as Sunrise Circle and Staring Lane. In determining the appropriate number of lot units we considered the total abutting frontage of each parcel (which varied from approximately 180 to 330 feet) and the location of existing structures on each parcels. The lot units shown on the preliminary assessment roll reflect this analysis for each of the parcels on the north side of West 82nd Street. The lot units attributable to the Centex property on the south side of West 82nd Street are the actual lot units on the final plat for the new residential neighborhood. Primary Issues: Staff has met with each of the property owners abutting the proposed West 82nd Street improvements. In general, property owners along the north side of West 82nd Street would prefer to see either fewer lot units attributable to their properties or the entire cost of West 82nd Street improvements paid by Centex. We anticipate some testimony at the public hearing regarding this issue. Financial Issues: Based on the preliminary assessment roll, $66,285 of project cost would be financed by the City for a period of time. Approximately $17,877 would be deferred for a period of five years for the three existing homes along the north side of West 82nd Street. This represents the cost to provide lateral sanitary sewer and water service to the three existing homes. Approximately $48,408 would be assessed and deferred without interest until the time of future subdivision of the parcels along the north side of West 82nd Street. In the event that no further subdivision of these parcels occurs, this total amount would be a City expense. Item No. i7 C , / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR WEST 82ND STREET IMPROVEMENTS WHEREAS, a resolution of the City Council adopted the 15th day of February, 1994, fixed the 22nd day of March, 1994, as the date for public hearing on the following proposed improvements: I.C. 93-5341 - West 82nd Street Improvements WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of the Council hearing through two weekly publications of the required notice and the hearing was held and property owners heard on the 22nd day of March, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement as above indicated is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement with the assistance of S.R.F. ADOPTED by the Eden Prairie City Council on March 22, 1994 Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE:3/3/94 SECTION: Public Meeting ITEM NO. Ir.D. DEPARTMENT: ITEM DESCRIPTION: Community Development Sign Code - Off-site Steve Durham, through directional signs Chris Enger, Director of Community Development ACTION REQUESTED: City Council to direct City staff on which options to pursue regarding off-site directional signs on private/public property. (Please note issues and sign code options attached to this memorandum.) IDENTIFIED CONCERN: Placement of off-site signage, particularly directional real estate, new development and garage sale signs in public right-of-way. PURPOSE OF SIGN CODE: The sign code's intent is to promote the general welfare, health, safety and order in the placement of signs within City limits. Specifically the sign code provisions permit the opportunity for effective communication devices while upholding the concern for visual amenities of the City and traffic safety. CURRENT SIGN CODE ALLOWS/DOES NOT ALLOW: The code does allow for individual lots/properties to have one six square foot sign placed on them. New subdivisions are permitted one 100 square feet sign per street frontage promoting the subdivision on the property. One garage sale sign of six square foot or less is permitted in residential zoning district provided it is on private property. No private off-site directional sign may be placed in any public right-of-way, boulevard or private property. No sign may be attached to any utility pole. ENFORCEMENT HISTORY: Previous to 1993 City staff enforced the off-site directional sign issue on a complaint basis or if a sign created a public safety hazard. In 1993 City Council directed staff to increase enforcement of that portion of the sign code related to off-site signs. Over 400 signs were removed from public right-of-way in 1993. The increased enforcement of sign removal in public right- of-way continues in 1994 with 38 signs removed since January. In addition to enforcement City staff has taken steps to educate residents and the business community of the sign code regulations through notices to the MLS, Builders Association of Minnesota, through the Community Newsletter, and as calls come into staff. Enforcement and education have lessened use of off-site directional signs, especially by the business community. Signs used for garage sales have not necessarily decreased. Page 2 Sign code - Off-site directional signs Thirty percent of the zoning violation files in 1993 were related to enforcement of all aspects of the current sign code. ISSUES: Attached is a list of issues Council needs to be aware of in discussing the sign ordinance. ATTACHMENTS: Available for review: Letter from Builders Association of Minnesota dated February 10, 1994. Letter from Robert H. Mason Homes dated December 21, 1993. Letter from Great Directions regarding: cost of A-frame & T style signs. Letter from ReDirections dated July 13, 1993. Mailing list of individuals notified for March 22, 1994 City Council meeting. M:\BARB\STEVE\MSIGN2.SD ISSUES 1. The City Attorney advised that any regulation or permit process which applies to commercial signs must also be applied to non-commercial signs; i.e., if an ordinance allows a real estate sign in the public R.O.W., it must also allow campaign signs or public service signs in R.O.W. Current ordinance does not allow campaign signs in public R.O.W. 2. Commercial sign restrictions must be content neutral; i.e., an ordinance cannot favor real estate or garage sale signs above any other type of business sign. An ordinance cannot favor temporary directional signs over advertising signs. 3. Any solution other than permitting any sign anywhere will involve enforcement. 4. Perfect compliance is a practical impossibility. Enforcement alternatives can vary from complaint basis to strict adherence. 5. If signs are permitted within R.O.W., there is a public safety issue/traffic issue which must be taken into account. 6. More complex or higher standard of enforcement than currently utilized will require more resources or reducing levels of service in other areas. 9. Cost to remove signs is approximately $10-$15/sign on a complaint basis. The cost is reduced somewhat with a "sign sweep". BwRBWEVENMUES SIGN CODE OPTIONS on Numbe . >-i. ::: T. . .............. Option Description: No Signs in R.O.N. No Signs in R.O.N. No Signs in R.O.U. No Signs in R.O.N. No Signs in R.O.W. Signs allowed in Signs allowed in or on private or on private or on private land temporary Temporary R.O.W. and on R.O.W. and on property property except for special directional signs directional signs private property private property events, e.g., allowed on private allowed on private with City issuing parade of homes property during property sign permit certain hours . .. . ........... .. ..................... . ........ .. .. .......................... ...... ... .. .... ........ .............. . Influenced Factors Allowable Time for Never Never 1 week prior From 10:00PM Every day at all From 10:00PM Every day at all Sign Placement through 1 week Friday to 6:00PM times Friday to 6:00PM times after ending of Monday Monday OR every special event day at all times Enforcement Regular sign Complaint basis Regular sign Complaint basis Complaint basis Complaint basis Regular sign Standard sweeps on weekdays and regular sign sweeps on weekdays with periodic sign with periodic sign regarding size and sweeps to ensure and weekends sweeps on weekdays during city hours sweeps sweeps number all signs have during city hours approved permits Staff Allocation Community Community Community Community Community Community Community Development staff Development staff Development staff Development Staff Development Staff Development Staff Development Staff additional staff plus help from plus help from plus help from plus help from needed for weekend other departments other departments other departments other departments sweeps Sign Size/Style N.A. N.A. Not to exceed 6 sq Not to exceed 6 sq Not to exceed 6 sq Not to exceed 6 sq Not to exceed 6 ft; sandwich style ft; sandwich style ft; sandwich style ft; sandwich style sq ft; sandwich style Sign Number N.A. N.A. 1 sign per parcel Project: 4 signs Project: 4 signs Project: 4 signs Project: 4 signs per unit up to 12; per open unit up per open unit up per open unit up Open House: 2 to 12; Open House: to 12; Open House: to 12; Open signs per open 2 signs per open 2 signs per open House: 2 signs unit; 1 on a lot unit; 1 on a lot unit; 1 on a lot per open unit; 1 on a lot Sign Location N.A. N.A. 10 feet from 10 feet from 10 feet from Any location is Any location is nearest curbs and nearest curb and nearest curb and allowed allowed on private on private on private property property property Option 2 City currently utilizes. N.A. = Not Applicable. signs not permitted. SIGN CODE MAILING LIST ( Mailed 3-17-94) Burnet Realty Burnet Realty Mark Higgins 7201 West 78th Street 16395 Wagner Way Edina Realty Inc. Eden Prairie, MN 55344 Eden Prairie, MN 55344 11800 Singletree Lane Eden Prairie, MN 55344 Edina Realty Inc-Jan Rome Edina Realty Edina Realty 14167 Highway 7 Marilynn& Larry Everett Marty Siegel Minnetonka, MN 55343 4015 W. 65th Street 7900 Eden Road Edina, MN 55435 Eden Prairie, MN 55344 ERA-MB Hagen Realty Hustad Real Estate Klingelhutz &Geis Realtors 1014 Mainstreet 11000 W. 78th Street 7811 Great Plains Boulevard Hopkins, MN 55343 Eden Prairie, MN 55344 Chanhassen, MN 55317 Re/Max Results John B. Standal Company Mpls Area Assn. of Realtors 11095 Viking Drive 9955 Spring Road 5750 Lincoln Drive Eden Prairie, MN 55344 Eden Prairie, MN 55347 Minneapolis, MN 55436 Great Directions Trumpy Homes Realty State Association of Realtors 340 E. County Road D 19097 Twilight Trail 5750 Lincoln Drive Little Canada, MN 55117 Eden Prairie, MN 55346 Minneapolis, MN 55436 Molly A. Vollmar John Archer Lundgren Bros. Construction Builders Association of MN Builders Association of MN 935 West Wayzata Blvd. 2469 University Avenue 2469 University Avenue Wayzata, MN 55391 St. Paul, MN 55114 St. Paul, MN 55114 Wooddale Builders Gardner Bros. Construction Joe Miller Homes 410 West County Road D 6409 Neddersen Parkway North 8519 - 134th Street West New Brighton, MN 55112 Brooklyn Park, MN 55443 Apple Valley, MN 55124 David Carlson Companies Orrin Thompson Homes William Byrnes P.O. Box 44697 8421 Wayzata Boulevard 9189 LaRivier Court Eden Prairie, MN 55344 Golden Valley, MN 55426 Eden Prairie, MN 55347 McGuire Douglas McNamara Dacia Henderson Centex Homes Mason Homes 8245 Tamarack Trail 5929 Baker Road 14201 Excelsior Boulevard Eden Prairie, MN 55344 #470 Minnetonka, MN 55345 Minnetonka, MN 55345 MLS barb\jean\letters\realtrs.lbl 5750 Lincoln Drive 3/10/94 Edina, MN 55436 ATTACHMENTS: Available for review: Letter from Builders Association of Minnesota dated February 10, 1994. Letter from Robert H. Mason Homes dated December 21, 1993. Letter from Great Directions regarding: cost of A-frame & T style signs. Letter from ReDirections dated July 13, 1993. Mailing list of individuals notified for March 22, 1994 City Council meeting. 161' Ref kf#A6WS 41/Pal slka e 117406411S- mtrBuilders IMlinnesota of 2469 University Avenue • St. Paul, Minnesota 55114 • 612-646-7959 • 800-654-7783 • FAX 612-646-2860 February 10, 1994 o Jean Johnson City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Jean Johnson, Regarding our meeting on January 26, I have talked with several builders and developers working in Eden Prairie concerning your proposed sign ordinance language. We came up with a few changes to the J-2 section of the proposed ordinance (changes and additions are in bold lettering, omitions are italicized) . J-2. Temporary project directional signs for (new construction) residential development projects may be allowed provided: (Does not include open house signs) (a) No more than 5 signs per model or available lot, not to exceed 15 signs per project. (b) O.K. (c) Signs shall not exceed 6 square feet and be T-stake style in design. (d) O.K. (e) O.K. (f) O.K. (g) O.K. The Builders working in your area who responsed and agreed to this ordinance include: Robert Mason Homes Centex Homes Lundgren Bros. Construction Joe Miller Homes Wooddale Builders David Carlson Companies Gardner Bros. Orrin Thompson Homes A list of Builders and Developers working in Eden Prairie who were contacted and either failed to reply or attend the meeting is attached. We hope that this ordinance will prove to be beneficial to both the City of Eden Prairie and our industry. Please call me with any questions you may have. I look forward to hearing from you as to what the next step will be. Thank you for allowing us to work with you, we appreciate being included in the planning process. Sincerely, H van., Molly ►iollmar Director of Municipal Affairs Local Affiliated Builders Associations: Arrowhead Duluth Area • Central Minnesota St.Cloud Area• Headwaters Bemidji Area • Heartland Park Rapids Area • Lakes Area Detroit Lakes Area • Mid-Minnesota Brainerd Area • Northern Minnesota Grand Rapids/Hibbing Area • Ottertail Fergus Falls Area• River Valley Red Wing Area • Rochester• South Central Northfield/Faribault/Owatonna Area•South Eastern MN Winona Area• Suburban Northwest Elk River Area • Twin Cities • Vikingland Alexandria Area • West Central Willmar Area National Affiliate:National Association of Home Builders •Washington,D.C. NOTIFIED BUILDERS/DEVELOPERS WORKING IN EDEN PRAIRIE - The Pemton Company - Klingelhutz Construction - Streeter & Associates, Inc. - Harvey Homes, Inc. - Kot Homes, Inc. - Durst & Gans Construction, Inc. - Rolyn Properties, Inc. - W.F. Bauer Construction Company - Landico, Inc. - Mark Warren Homes, Inc. - Kraemer & Sons Inc. - Westwind Homes, Inc. - Stephen Longman Builders, Inc. - Bruce Bren Homes, Inc. - Unibilt, Inc. - Lecy Construction - Knob Hill Homes - Irwin Construction ROBERT H. MASON _ HOMES Building new ideas is our old tradition. • December 21, 1993 Mr. Carl Jullie, City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dera Mr. Jullie, Thank you for speaking with me Monday concerning the temporary sign placement issue. Since July of this year, the builder group representing this issue in Eden Prairie, has heeded the City's request and put all temporary weekend sign placement on hold. We did this with the understanding that relief would be granted via a temporary policy, reasonably soon, with a permanent ordinance change adopted by early winter. As you know, neither has happened. Our group is very concerned that the sign ordinance redraft take place before early January as January and February are historically the busiest marketing and selling period of our year. We ask that this issue be shown renewed urgency by the Mayor, City Council , and Staff as weekend signage both nationally and locally attracts in excess of 60% of our traffic and subsequently our sales. Carl , your helpin resolvingthis matter is greatly appreciated. If I can be 9 Y Pp of assistance in any planned workshop, please let me know. Sincerely, ROBERT H. MASON HOMES tk(40/-41,0...- Dougl s E. McNamara Vice President DEM:kg 14201 EXCELSIOR BLVD. • MINNETONKA,MN 55345-4997 • 612-935-3486 '; AEALTOR a, j , - — =� — ? 4 WED c: = .i- = ROBERT H _ ri soha . I NC _ P _ I 1 Post-lt'•brand fax transmittal memo 7671 #oof pages To ?ms/" From L ."/�II Co. Co. — — =— Dept. �� Phone# 7 S'"3`4 4� GREAT DIRECTIONS, Inc. Sign Services, Marketing Specialties 340 East County Rood D • Littlo Canada, Ir1lune$Qta 55117 • Rorie (612) 49Q-157$ • Fax (612) 490-5760 Dear Doug; As per our conversation about the cost and benefits of placing temporary directional signs In a "A"frame style frame Instead of on a T style frame, I have put together a few facts for you to take under advisement. The first and foremost concern is the cost of A frame signs. Average price on a A frame sign is around $35.00 to $39.00 Ea, The directional signs can cost as little as $7.00 with a T style frame. Many of the "Open and Model" signs are stolen or vandelized and have to be replaced on a regular basis, This would be very expensive and not an option due to cost. Many Realtors that work with the "used" home market will use the A frame style signs due to the fact they are only up for about three hours at a time and only using one or two signs to market that home. They are also In different locations each time they have an open house, and with a two sided sign they have more flexibility, For a directional program we know where the signs go every week, and have no use for a double sided sign. The needs of the "new" homes and rentals is much different than that of the existing homes. The new homes must have signs to direct the customers to the new building areas. The T style frames are easy and fast to place and pick up. These are also very inexpensive when stolen or damaged, The T frames will only go into the ground about four inches, This has never been a problem as all utilities are much much deeper. Most of the signs are placed by a placement crew that is asked to pick up all debris and old signs that are left out by other reactors and builders. This will help with the problem of signs being left In the ditches and being a problem for the city and county crews, ,� � Sincert3l , Craig Reed 1 Post-lt^'brand fa transmittal memo 76 1 r o Pagan ► ri)CrtAc_y Frvm • J) REDLRECTIONS July 13, 1993 Mr. Douglas Tempas Mayor of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mayor Tempas: As a resident of Eden Prairie, and the sales manager for Redirections, Co., I am extremely concerned about the non-accessory sign ordinance in Eden Prairie. Through this letter, I hope to provide you and the members of the City Council with information that may lead you to revise the existing ordinance. Redirections Company provides marketing support to new home builders in a five state area. One of the programs offered to builders is a professionally placed,weekend directional sign program. Our program involves professionally trained installers who place small signs during weekend hours only to aid new home buyers in locating new developments. Some specific factors and benefits relating to temporary directional signs are: 1) Residential developments are not clustered in specific and readily ascertainable sections of the city. 2) The residential developments advertised by directional signage are frequently located off main roads and along roads that may not be on current maps. 3) Unlike other commercial operations,buyers of residences are frequently non- repetitive customers. Buyers spend frustrating hours driving looking for a particular development.An off-site directional sign assists rather than impedes the flow of traffic and improves public safety. 4) Directional signs increase buyer traffic and allow a builder to sell out a community faster, thus reducing construction traffic. 5) Increased sales means increased property values. 6) Increased sales means revenue in development fees and permits. 7) Increased sales means a greater tax base, thus better schools, park and community support. 8901 Lyndale Ave. South, Suite 100 Bloomington, MN 55420 612-884-7424 Fax 612-884-4524 Mr. Douglas Tempos July 13, 1993 Page 2 8) Increased sales means greater retail and commercial opportunities, thus an increase in revenue to the city. For these reasons and for the sake of a healthy business climate, I hope that the members of the City Council will be willing to revise the existing ordinance and make it more friendly to the businesses that operate in its boundaries. I have enclosed some additional material that may offer helpful suggestions. One example is a sample ordinance from Carmel, Indiana which is a city of comparable size to Eden Prairie. I would be happy to discuss this matter with any interested parties. My business number is (612) 884-7424 and my home number is (612) 934-8875. Thank you for your consideration. I look forward to seeingyou at the next Council meeting. .g Sincerely, G� Randy Louwagie Branch Sales Manager Redirection, Inc. RL/af End. 1 DATE: CITY COUNCIL AGENDA March 22, 1994 SECTION: Public Meeting DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration Tobacco Regulations Craig Dawson V. E. Requested Action: The City Council has scheduled a public discussion about regulating tobacco sales and use, particularly as it affects consumption of tobacco by juveniles. Following public input and Councilmember discussion, the Council should give specific direction about changes in regulations it wishes for staff to develop for Council consideration. Background: Several reports, opinions, and examples have been assembled since Council scheduled this public discussion on February 1. A synopsis of this information follows: 1. Licensing: The City licenses the retail sale of tobacco products. The annual license fee is currently $10. This fee may be increased, but "the amount of the license fee must bear reasonable relationship to the cost of regulating the activity," (communication from City Attorney; January 24, 1994). The City of Edina has developed an enforcement rationale to support its annual $250 license fee. Eden Prairie has issued 33 tobacco sales licenses in 1994. 2. Consumption: a) Tobacco products may neither be purchased nor consumed by persons under 18 years of age. b) According to Minnesota Statute 609.681, smoking prohibitions would apply to persons of all ages (communication from City Attorney; February 24, 1994). 3. Criminal Penalties: a) Juveniles: Juveniles must be seen ingesting or attempting to purchase tobacco products before police can issue a citation. The citation is then forwarded to the Hennepin County Clerk of Court and the Hennepin County Attorney's Office for prosecution. Hennepin County's system is progressive - first offense, a warning letter; second offense, $25 fine; third offense, $50 fine; fourth violation, mandatory court appearance. The process and required documentation for this petty misdemeanor is long, cumbersome, and expensive for law enforcement. (Communication from City Attorney; February 4, 1994). In 1993, Eden Prairie did not issue any citations to juveniles for tobacco violations. 4. Cigarette Vending Machines: Minnesota Statute 325.075 regulates the sale of tobacco by vending machine. In on- or off-sale liquor establishments, the machines must be in the immediate vicinity and plain view of a responsible employee. In other facilities generally open to the public, these machines must be activated by an electronic switch or token provided by the establishment. Local governments are expressly permitted to adopt more restrictive regulations. 5. Other Initiatives in the Metropolitan Area: a) White Bear Lake - Prohibition of Tobacco Vending Machines: The City of White Bear Lake prohibited these machines by an ordinance it adopted in 1989. b) Brooklyn Center - Point-of-Sale Advertising: The City of Brooklyn Center approved the first reading of an ordinance which would regulate the content of advertising of tobacco products where they are sold. Generally, it would permit only "tombstone" advertising: just the brand name of the product - no colors, no logo, no characters (e.g. Joe Camel). The Council tabled the second reading of ordinance indefinitely, citing anticipated expenses to be incurred responding to those who would challenge the legality of the City's action. 6. Media Interest: In February, the WCCO-TV U-Team did a story on the ease with which two 15-year-old girls could purchase tobacco products over-the-counter. They went to about ten establishments and in most cases were able to make the purchase. In my discussion with the reporter, she related that one of these violator establishments was in Eden Prairie. Supporting Information: 1. Memorandum to City Council re: Tobacco Licensing and Enforcement (January 28, 1994) 2. Memorandum re: Enforcement of Illegal Tobacco Sales (January 27, 1994) 3. Memorandum from City Attorney re: Licensing the Sale of Cigarettes (January 24, 1994) 4. Memorandum from City Attorney re: Juvenile Usage of Tobacco [Penalties] (February 4, 1994) 5. Memorandum from City Attorney re: Juvenile Usage of Tobacco [regulating prohibited areas] (February 24, 1994) 6. Minnesota Statute 325E.075, Sale of Tobacco by Vending Machine 7. City of White Bear Lake Ordinance Prohibiting Tobacco Vending Machines 8. Video-tape of WCCO-TV U-Team Report (available at Council Meeting) ljeg Wi.i . Jebruary 1,19914 MEMORANDUM TO: Mayor and City Council PROM: Carl J. Jullie, City Manager DATE: January 28, 1994 SUBJECT: Tobacco Licensing and Enforcement Councilmember Anderson requested that this item be placed on the Council agenda for review and discussion of the City's policies toward licensing and use of tobacco products and enforcement of new State Statutes relating thereto. Policies/issues the Council may wish to consider are: 1) It is a now a gross misdemeanor to sell tobacco products to any person under age 18. Chief Clark reports that flagrant violations are occurring and the Police Department is planning to undertake a new, more aggressive enforcement effort, including education, warnings, and citations. Should license fees be increased substantially (currently $12.00 (I per year) to help offset these costs? (Edina charges $250. 00) . 2) Should we continue to allow sale of tobacco products via vending machines? Approximately one- half of our fifty licenses are for vending machines. Bloomington, Edina, and Richfield do not permit sales from vending machines. 3) We presently prohibit smoking in all City buildings. Should this be extended to all City property, including parks and open space? The enforcement implications would, of course, be extraordinary. Smoking is prohibited on all School District property. Prior to the Council taking any formal action to amend our Ordinances/policies relating to tobacco products, all license holders should be notified and an opportunity for citizen input provided through a Public Hearing process. Setting a Public Hearing date for March 22 would be appropriate. CJJ:jdp Attachments C 2 MEMORANDUM TO: Carl Jullie, City Manager FROM: Jim Clark, Chief of PolicL DATE: January 27, 1994 SUBJECT: Enforcement of Illegal Tobacco Sales This past summer, in response to numerous complaints, we had intended to begin a formal enforcement effort targeting the illegal sales of tobacco products. The effort was to include three phases: • Education, • Warning, and • Enforcement. Unfortunately, case and call loads have delayed the implementation of this program. As you may know, State Statute 609.685 prohibits the sale of tobacco products to a person under the age of 18. Such a sale is considered to be a gross misdemeanor. If a person is under 18 years of age and uses, purchases, or attempts to purchase tobacco products, he/she is guilty of a petty misdemeanor. • Based on complaints and observations, there is a strong indication that there are flagrant violations among our licensed tobacco retailers. JGC:sm 3 LANG, PAULY & GREGERSON, LTD. ATTO AT 4400RNEYS IDS CENTERLAW 80 SOUTH EIGHTH STREET MINNEAPOLIS,MINNESOTA 55402 TELEPHONE: (612) 338-0755 FAX: (612)349-6718 ROBERT L LANG EDEN PRAIRIE OFFICE ROGER A.PAULY SUITE 370 DAVID H.GREGERSON' 250 PRAIRIE CENTER DRIVE RICHARD F.ROSOW EDEN PRAIRIE.MINNESOTA 55344 MARK J.JOHNSON TELEPHONE(612)C29-7355 JOSEPH A.NILAN FAX:(612)829-0713 JOHN W.LANG** SUSAN M.LACH*** REPLY TO MINNEAPOLIS OFFICE JUDITH H.DUTCHER WILLIAM R.MILLER TODD A.SATTLER JENNIFER M.INZ *Also Admitted in Wisconsin **Also a Certified Public Accwmtent "*Also Admitted in Colorado January 24, 1994 Mr. Carl Jullie Eden Prairie City Offices 8080 Mitchell Road Eden Prairie, MN 55344-2230 RE: Licensing of the Sale of Cigarettes Dear Carl: Subsequent to se ll our conversation regarding the amount charged for a license to se 1 cigarettes, our office contacted the City of Edina which charges $250.00 for such a license. As you are aware from Roger Pauly's memorandum to the Council, the license fee must bear reasonable relationship to the cost of regulating the licensed activity. The enclosed report from the City of Edina provides the justification for their imposition of a $250.00 fee. As the report identifies,the Community Health Services Advisory Committee recommended a more aggressive role in enforcing the prohibition on selling tobacco products to minors whereby the City would utilize a minor and a police officer to attempt to purchase tobacco products in an inspection operation. The report discusses the cost of the inspection operation and from those costs arrives at a recommended fee. It is not necessary for Eden Prairie to adopt the same type of approach in order to justify an increased fee. Nevertheless, the amount of the license fee must bear reasonable relationship to the cost of regulating the activity. If you would like to discuss this further, please call. Very truly yours, LANG, P ULY & GERSON, LTD. By RFR/smt Richard F. o w LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW 4400 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 ROBERT I.LANG EDEN PRAIRIE OFFICE ROGER A.PAULY SUITE 370 DAVID H.GREGERSON" 250 PRAIRIE CENTER DRIVE RICHARD F.ROSOW EDEN PRAIRIE.MINNESOTA 55344 MARK J.JOHNSON TELEPHONE:(612)829-7355 JOSEPH A.NILAN FAX:(612)829.0713 JOHN W.LANG" SUSAN M.LACH.".• REPLY TO MINNEAPOLIS OFFICE JUDITH H.DUTCHER. WILLIAM R.MILLER TODD A.SATTLER JENNIFER M.INZ *Also Admitted in Wisconsin **Also a Certified Public Accountant • "Also Admitted in Colorado February 4, 1994 • ANY OPINION OR INFORMATION GIVEN HEREIN IS CONVEYED PURSUANT TO THE ATTORNEY/CLIENT PRIVILEGE AND, AS SUCH. IS NOT PUBLIC DATA AND SHOULD BE PROTECTED FROM FURTHER PUBLICATION AND DISSEMINATION. MEMORANDUM TO: The Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Judith H. Dutcher, City Attorney Richard F. Rosow, City Attorney DATE: February 4, 1994 RE: JUVENILE USAGE OF TOBACCO A member of the Council has requested information regarding current Minnesota law regulating the usage of tobacco by juveniles. Minnesota Statute §609.685, subd. 3 provides that it is a petty misdemeanor for a person under the age of eighteen (18) years to smoke, chew, or otherwise ingest, purchase or attempt to purchase tobacco or tobacco-related devices. In order to charge a juvenile who is observed violating this statute, the Police must issue a citation. The citation is then forwarded to the Hennepin County Clerk of Court and the Hennepin County Attorney's Office for prosecution. I spoke with county attorney Lisa Hahn-Courdes about the way these violations are processed. Ms. Hahn-Courdes informed me that she reviews the citation to verify that the complainant observed the juvenile ingesting or inhaling tobacco. Upon determining that there is probable cause to believe that a violation has occurred, the Clerk of Court reviews the juvenile's prior criminal record. If there are no other violations on the juvenile's record, the Memo to the Mayor and City Council Through Carl J. Jullie February 4, 1994 Page 2 County will send a warning letter stating that if the juvenile receives another ticket for violating §609.685, a fine of up to $100 can be imposed. If a juvenile receives a second ticket for violating the statute, a $25 fine is imposed. A $50 fine is imposed for the third violation, and finally, the fourth violation results in a mandatory court appearance. I contacted the Eden Prairie Police Department and was informed that no citations were issued in 1993 by the Police Department to juveniles violating the tobacco usage statute. The fact that no citations were issued is a reflection of the de minimus sanctions imposed by the courts for the violation. An alternative to active police involvement in the policing of juvenile usage of tobacco is to utilize a citizen's complaint procedure which is currently utilized by the City of St. Louis Park. The City of St. Louis Park has a citizen's arrest form which must be completed by the complaining citizen. The individual making the citizen's arrest must provide specific information including the name of the juvenile and the time, date and place of the violation. A police officer must then review the information provided by the complainant and, if appropriate, issue the juvenile a citation and complete an intake form for the County. If further information is desired, please advise. JHD:tls jhd\jullie.mem 02/24/94 14:09 FAX 612 349 6718 LANG, PAULY & GR Wit)01/002 LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW 4400 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE: (612)338-0755 FAX: (612)349-6718 ROBERT L LANG EDEN PRAIRIE OFFICE AMER A.PAULY MATE 370 DAVJD H.GRHOIDISON• 250 MAD=alfalat DRIVE RICHARD F.ROSOW PDEN PRAms.lmRCESOTA 5S344 MARK L JOHNSON TELEPHONE;(612)Q11-7355 JOSEPH A.N2AN FAX:(f 12)i25.OA] JOHN W.LANG** SUSAN M.LACH^• REPLY TO UDOIBAPOUS OFFICE JUDITH H.DUTCHER MMus 1L MH.LER TODD A.SMILER JENNWER M B(Z 'Alm Addicted is Wuuaii.m "Al.o•Certified PWblo Aeoalplteld •••Alw Adlnittsd i0 Cobodo ANY OPINION OR INFORMATION GIVEN HEREIN IS CONVEYED PURSUANT TO THE ATTORNEY/CLIENT PRIVILEGE AND, AS SUCH,IS NOT PUBLIC DATA AND SHOULD BE PROTECTED FROM FURTHER PUBLICATION AND DISSEMINATION. MEMORANDUM TO: Carl J. Julie, City Manager Craig Dawson FROM: Judith H. Dutcher, City Attorney DATE: February 24, 1994 RE: JUVENILE USAGE OF TOBACCO The City Council has inquired as to whether or not the City can prohibit minors from smoking on public property. Minnesota Statute §609.681 states: "A person is guilty of a misdemeanor if the person intentionally smokes in a building, area, or common carrier in which 'no smoking' notices have been prominently posted, or when requested not to by the operator of the common carrier." The term "area" in this statute is reasonably interpreted to mean an enclosed area such as a restaurant where a specific portion of the establishment has been designated as a `no smoking' area. Therefore, I believe it would be untenable for the City to begin issuing citations for juveniles that smoke outdoors even if we are able to somehow designate a portion of the outdoors as a `no smoking' area. in addition, there is no way to issue citations to juveniles who violate this statute without issuing similar citations to adults. There is no age differentiation inherent in this statute. 02/24/94 14:09 FAX 612 349 6"lift Levu, YAULY a un Memo to Carl J. Jullie February 24, 1994 Page 2 The best way to regulate tobacco usage by minors would be to issue citations under Minnesota Statute §649.685 which makes it a petty misdemeanor for persons under the age of eighteen(18) to smoke or ingest tobacco. Please contact me at my office if additional information is needed or if I can render any further explanation as to any opinion rendered in this memorandum. JIlT3/t1s _Mtjuui:Lmem '` 473 REGULATION OF TRADE PRACTICES 325E.075 "I F 325E.0684 REMEDIES. i If an equipment manufacturer violates sections 325E.068 to 325E.0684,an equip- ment dealer may bring an action against the manufacturer in a court of competent juris- , diction for damages sustained bythe dealer as a consequence of the manufacturer's f' g q I !- violation,together with the actual costs of the action, including reasonable attorney's 3 fees.The dealer also may be granted injunctive relief against unlawful termination,can- ;' l,. cellation, nonrenewal, or substantial change of competitive circumstances. The reme- `�: dies in this section are in addition to any other remedies permitted by law. • History: 1989 c 267 s 5 CIGARETTE VENDING MACHINES } Y;:r" 325E.07 CIGARETTE VENDING MACHINES,NOTICE RELATING TO SALES. Nv ;i R dy. Subdivision 1. In a conspicuous place on each cigarette vending machine in use ' within the state,there shall be posted,and kept in easily legible form and repair,by the a' • , owner, lessee, or person having control thereof, a warning to persons under 18 years j of age which shall be printed in bold type letters each of which shall be at least one-half 1. inch high and which shall read as follows: ' "Any Person Under 18 Years of Age Is Forbidden By Law To Purchase Cigarettes I iF From This Machine." Subd. 2. Any owner, any lessee, and any person having control of any cigarette vending machine which does not bear the warning required by this section shall be guilty of a misdemeanor. i': I History: 1963 c 545 s 1 , 325E.075 SALE OF TOBACCO BY VENDING MACHINE. Subdivision 1.Definition.For purposes of this section,"tobacco"has the meaning given the term in section 609.685. l , ii Subd. 2. Prohibition. Tobacco may be offered for sale or sold in this state by or from a vending machine or appliance or any other medium, device, or object desig- nated or used for vending purposes only at the following locations: �' (1) in an area within a factory,business,office,or other place not open to the gen- ;, eral public or to which persons under 18 years of age are not generally permitted access; (2) in an on-sale alcoholic beverage establishment or an off-sale liquor store, if: (i) the tobacco vending machine is located within the immediate vicinity, plain , view,and control of a responsible employee,so that all tobacco purchases will be read- ily observable by that employee; (ii) the tobacco vending machine is not located in a coatroom,restroom,unmoni- I tored hallway, outer waiting area, or similar unmonitored area; and G i,, (iii) the tobacco vending machine is inaccessible to the public when the establish- r ment is closed; and (3) in other establishments, upon the following conditions: L (i) it must be located within the immediate vicinity, plain view and control of a responsible employee, so that all tobacco purchases will be readily observable by thati' • employee;it must not be located in a coatroom,restroom,unmonitored hallway,outer t waiting area, or similar unmonitored area; and it must be inaccessible to the public when the establishment is closed; and (ii) it must be operable only by activation of an electronic switch operated by an employee of the establishment before each sale,or by insertion of tokens provided by , an employee of the establishment before each sale. a, Subd. 3. Local regulation.The governing body of a local unit of government may ` ; adopt rules or ordinances relating to vending machine sales of tobacco that are more restrictive than the restrictions imposed by this section. ,;`1, ' History: 1990 c 421 s 1 { ; ,i 1i' i ORDINANCE NO. 10-89-793 AN ORDINANCE AMENDING THE CITY OF WHITE BEAR LAKE MUNICIPAL CODE DISALLOWING THE SALE OF CIGARETTES THROUGH VENDING MACHINES AND INCREASING THE FEE FOR SAID LICENSE The Council of the City of White Bear Lake does ordain as follows: SECTION I. That Section 1104.010 CIGARETTES; LICENSE REQUIRED, APPLICATION, ISSUANCE. is hereby repealed and replaced with the following: 1104.010 CIGARETTES; LICENSE REQUIRED, APPLICATION. ISSUANCE. No person shall keep for retail sale, sell at retail or otherwise dispose of any cigarette or any tobacco product or cigarette paper or cigarette wrapper at any place in the City without a license. Application for a license shall be made to the City Clerk on a form supplied by the City. The application shall • state the full name and address of the applicant, the location of the building and part intended to be used by the applicant under the license, the kind of business conducted at such location and such other information as shall be required by the appli ation form. Upon the filing of an application with the City Cl ek, it shall be presented to the City Council for its consideration. If granted by the Council, a license shall be issued by the City Clerk upon payment of the required fee. SECTION II. That Section 1104.020 CIGARETTES; LICENSE FEE is hereby changed to increase the license fee from twelve ($12) dollars per year to twenty two ($22) per year. SECTION III. That Section 1104.060 CIGARETTES; PROHIBITED SALES. is hereby repealed and replaced with the following: i3 1104.060 CIGARETTES; PROHIBITED SALES. No person shall sell or A give away any cigarette or any tobacco product, cigarette paper or cigarette wrapper to any person under the age of eighteen (18) years. No person shall sell or dispense any cigarettes or tobacco product, cigarette paper or cigarette wrapper through the • use of a vending machine. No person shall keep for sale, sell or dispose of any cigarette or tobacco product containing opium, xc-Y> a morphine, jimson weed, belle donna, strychnia, cocaine, marijuana nr any nthPr dPIPt.Prinlla nr nniannnua drug exnent nicotine. • • • t� ORDINANCE NO. 10-89-793 SECTION IV. This Ordinance becomes effective np esr-a a-1--and • gub•1-i-eaLieR, ninety days after the date of its adoption. p Y ri Passed by the City Council of White Bear Lake, Minnesota, this "II 10th day of October , 1989. First Reading September 12, 1989 �:{ 9 RIY • Second Reading October 10, 1989 dl: Je r Br s, May *404.�.rx ct ATTEST: • R. �,ond R. ebe al� City Clerk �r r J . °�' � rx r .y`f+ F i ` EJ DATE: CITY COUNCIL AGENDA 03-22-94 prairie SECTION: DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE DEPT PAYMENT OF CLAIMS VI • CHECKS NUMBER 19458 THRU 19865 Action/Direction: VI MARCH 22,1994 19458 DATAFILE OPEN-SHELF FILING SYSTEM-CITY CENTER/ 7771.65 FINANCE DEPT 19459 NTIS PUBLICATION-AQAUTIC & FITNESS PROGRAM 6.50 19460 RED WING-WINONA TECHNICAL COLLEGE SCHOOL-WATER DEPT 1050.00 19461 MN CHAPTER IAA I CONFERENCE-BUILDING INSPECTIONS DEPT 220.00 19462 LEAGUE OF MN CITIES CONFERENCE-SAFETY DEPT 15.00 19463 MACQUEEN EQUIPMENT INC CONFERENCE-STREET MAINTENANCE 60.00 19464 RADISSON SUITE HOTEL CONFERENCE LODGING-POLICE DEPT 230.81 19465 VILLAGE GREENS OF EDEN PRAIRIE REFUND-CASH DEPOSIT FOR WALKWAY 5903.21 19466 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATIONS 27.00 19467 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 264.00 19468 AT&T SERVICE 46.54 19469 AT&T SERVICE 73.31 19470 CITY OF EDINA DEPOSITED IN ERROR UTILITY PAYMENT FOR 982.22 CITY OF EDINA 19471 NORTHERN STATES POWER CO SERVICE 2199.35 19472 BUSINESS CARD CONFERENCE-CITY COUNCIL/ADMINISTRATION DEP 3138.65 19473 MINNEGASCO SERVICE 32754.93 19474 MINNESOTA DEPT OF HEALTH SCHOOL-WATER DEPT 640.00 19475 EAGLE WINE CO WINE 2894.65 19476 GRIGGS COOPER & CO INC LIQUOR 13184.69 19477 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE 24322.87 19478 ED PHILLIPS & SONS CO LIQUOR & WINE 9441.70 19479 PRIOR WINE CO LIQUOR & WINE 6945.43 19480 VOID OUT CHECK 0.00 19481 WINE MERCHANTS WINE 81.00 19482 WORLD CLASS WINES INC WINE 146.00 19483 ALL AMERICAN BOTTLING CORP MIX 73.40 19484 DAY DISTRIBUTING COMPANY BEER 7636.05 19485 VOID OUT CHECK 0.00 19486 EAST SIDE BEVERAGE CO BEER 6223.65 19487 MARK VII DISTRIBUTING COMPANY BEER 4228.25 19488 MIDWEST COCA COLA BOTTLING CO MIX 557.65 19489 THORPE DISTRIBUTING COMPANY BEER 5852.00 19490 U S POSTMASTER POSTAGE-MARCH/APRIL COMMUNITY NEWSLETTER 2363.56 19491 TOM ACKERMAN REFUND-DEFENSIVE DRIVING CLASS 5.00 19492 SUSAN AUGUSTINE REFUND-SWIMMING LESSONS 24.00 19493 GARY CHRISTENSON REFUND-SWIMMING LESSONS 21.00 19494 JUDY DENUCCI REFUND-SWIMMING LESSONS 24.00 19495 NANCY FOX REFUND-SWIMMING LESSONS 21.00 19496 ROSEMARY GIGUERE REFUND-AQUA AEROBICS CLASS 27.00 19497 PAT GULBRANDSEN REFUND-SWIMMING LESSONS 24.00 19498 MAUREEN HENDERSON REFUND-SWIMMING LESSONS 48.00 19499 ANN JOHNSON REFUND-AQUA AEROBICS CLASS 27.00 19500 LISA KLONNE REFUND-AQUA AEROBICS CLASS 30.00 19501 KATHY KLUGMAN REFUND-AQUA AEROBICS CLASS 21.00 19502 SALLY LASKOVY REFUND-AQUA AEROBICS CLASS 27.00 19503 VAL MALONE REFUND-WINTER CAMP TRIP 25.00 19504 ANN MITCHELL REFUND-SKATING LESSONS 23.00 19505 MARK STEINE REFUND-SWIMMING LESSONS 24.00 19506 M STYPULA REFUND-SWIMMING LESSONS 24.00 19507 JENNIFER WOLFE REFUND-AQUA AEROBICS CLASS 24.00 19508 MARITA MCVEIGH REFUND-MEMBERSHIP FEE 48.28 19509 NORWEST BANKS PAYROLL 3/4/94 75495.08 19510 U S POSTMASTER POSTAGE-VALUATION NOTICES-ASSSESSING DEPT 4383.35 21967978 03-22-94 1. VI MARCH 22,1994 19511 BECKER ARENA PRODUCTS INC AIR FILTERS-COMMUNITY CENTER 15.70 19512 CHETS SHOES SAFETY SHOES-STREET MAINT/PARK MAINT/ 2223.85 EQUIPMENT MAINT/UTILITIES DIVISION 19513 COMPRESS AIR & EQUIPMENT CO REFURBISH FILL PANEL & TUBING-FIRE DEPT 2445.22 19514 HENNEPIN COUNTY FIRE CHIEFS ASSN DUES-FIRE DEPT 10.00 19515 NEBCO EVANS DISTRIB CONCESSION STAND SUPPLIES-COMMUNITY CENTER 219.93 19516 SCOTT OBERLANDER CONFERENCE EXPENSES-FIRE DEPT 272.63 19517 THE PROMOTION GROUP JACKETS/SWEATSHIRTS-SAFETY PREVENTION 372.37 PROGRAM 19518 OPM INFORMATION SYSTEMS TYPEWRITER REPAIR-SENIOR CENTER 85.00 19519 RED WING SHOE STORE SAFETY SHOES-BLDG INSPECTIONS DEPT/STREET 3691.86 MAINT/EQUIPMENT MAINT/UTILITIES DIVISION 19520 SEARS WATER HEATER-STARING LK PK/DRILL PRESS- 472.16 WATER DEPT 19521 VIKING SAFETY PRODUCTS CARBON MONOXIDE DETECTOR TUBES-BUILDING 172.96 INSPECTIONS DEPT 19522 U S POSTMASTER POSTAGE STAMPS/POST CARDS-ADMINISTRATION 60.00 DEPT 19523 MN DEPT OF NATURAL RESOURCES LEASE PAYMENT FOR TRAIL CROSSING AT 100.00 PUBLIC ACCESS-STARING LAKE PARK 19524 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL 114.18 19525 JOAN W THOMAS CLOSING COST/RELOCATION REIMBURSEMENT- 133.50 RILEY LAKE PARK EXPANSION PROJECT 19526 STATE TREASURER CERTIFICATION FEE-SEWER DEPT 15.00 19527 DESTINATION JOBS BOOTH AT JOB FAIR-HUMAN RESOURCES DEPT 150.00 19528 MN CHAPTER IAA I CONFERENCE-POLICE DEPET 110.00 19529 LAW ENFORCEMENT OPPORTUNITIES TABLE AT CAREER FAIR-HUMAN RESOURCES DEPT 500.00 19530 THANE HAWKINS POLAR CHEVROLET CHEVROLET 3/4 TON 4/4 PICKUP-STREET DEFT 15093.00 19531 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATIONS WITH EXCISE TAX 1254.23 19532 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/POLICE DEPT 396.48 19533 NORTHERN STATES POWER COMPANY SERVICE 38531.37 19534 JIM MORROW CONFERENCE ADVANCE-POLICE DEPT 75.00 19535 BRENT DUPONT CONFERENCE ADVANCE-POLICE DEPT 90.00 19536 MARY BETH CARLSON REFUND-SWIMMING LESSONS 12.00 19537 SARAH CHEESMAN REFUND-EXERCISE CLASS 30.00 19538 DELEGARD TOOL CO HANDLES/EXTENSION HANDLES/DRILL SETS/ 1185.59 RAZOR SCRAPERS/PLIERS/WRENCHES/NUTDRIVERS/ VISE GRIPS/SCREWDRIVERS/TOOL BOX/REPLACED CORD & BRUSHES/LEAD SET-EQUIPMENT MAINT/ STREET DEPT 19539 GENUINE PARTS COMPANY SPRAY PAINT/CLEANER/HOSES/COUPLERS/BLOWER 2322.70 MOTORBRACKETS/MUFFLERS/TAILPIPES/SCREWS/ SWITCHES/CALIPERS/FITTINGS/GREASE/V-BELTS/ BULBS/LIGHTING/LENSES/SEALSBEARINGS/ BATTERIES/POWER STEERING PUMP/THERMOSTATS/ CLAMPS/FILTERSBLADES/PCV VALVES/TAPE/ SPLASH GUARDS/ROTORS/BRAKE PARTS/HOOKS/ DISTRIBUTOR CAPS-STREET MAINT/EQUIPMENT MAINT/PARK MAINT/COMMUNITY UTR/WATER DEPT 19540 U S WEST CELLULAR INC SERVICE 155.24 19541 AT&T SERVICE 144.83 19542 OPERATING ENGRS TRAINING PROGRAM CONFERENCE-STREET DEPT 125.00 19543 DAN SOLER CONFERENCE-STREET DEPT 40.00 19544 KRAEMERS HOME CENTER DISTRIBUTOR CAPS/SCREWDRIVERS/PLUGS/TOOL 871.27 BOX/SCREWS/KEYS/EXTENSION CORDS/POWER RULE/TIMERS/COUPLER/TUBING/PAIL/V-BELTS/ 7149107 03-22-94 2. VI PAINT/BRUSHES/THERMOSTATS/BATTERIES/LAMPS/ BULBS/TAPE/WALL HANGERS/HOSES/CAULKING/ GLUE/HINGES/SURGE PROTECTORS/BRACKETS/ HOOKS/LEVEL/CLAMP/WASHERS-FACILITIES DEPT/ STREET MAINT/PARK MAINT/FORESTRY DEPT/ COMMUNITY CENTER/UTILITIES DIVISION 19545 SOUTHWEST TRAILS REIMBURSEMENT FOR SNOWMOBILE TRAILS 1380.11 19546 U S WEST COMMUNICATIONS SERVICE 4443.84 19547 QUALITY WINE & SPIRITS CO LIQUOR & WINE 9441.70 19548 VOID OUT CHECK - 0.00 19549 ED PHILLIPS & SONS CO LIQUOR & WINE 9979.27 19550 RADISSON SUITE HOTEL SCHOOL-POLICE DEPT 42.00 19551 DULUTH TECHNICAL COLLEGE/FIRE TEC SCHOOL-FIRE DEPT 150.00 19552 MN ASSN OF WOMEN POLICE CONFERENCE-POLICE DEPT 100.00 19553 M E M A TREASURER TORNADO SHELTER SIGNS-CIVIL DEFENSE DEPT 100.00 19554 STATE OF MINNESOTA 1993 MOTOR VEHICLE TRAFFIC LAWS-POLICE DEP 767.88 19555 LEAGUE OF MINNESOTA CITIES CONFERENCE-POLICE DEPT 30.00 19556 NO MEMORIAL MEDICAL CENTER CONFERENCE-FIRE DEPT 89.00 19557 RADISSON INN CONFERENCE LODGING-POLICE DEPT 324.50 19558 NEBCO EVANS DISTRIB CONCESSION STAND SUPPLIES-COMMUNITY CENTER 225.82 19559 U S WEST CELLULAR INC SERVICE 546.32 19560 MERLINS ACE HARDWARE SCREWSBATTERIES/NUTS & BOLTS/ROLLER 476.19 COVERS/SANDING BELTS/BRUSHES/TRAY LINERS/ SPRAYER/FUSES/VELCRO/KEYS/CHISEL/PAINT/ CAULKING/GLUE/SCREWDRIVER/NOZZLES-STREET MAINT/PARK MAINT 19561 DAN CARLSON SCHOOL-POLICE DEPT 396.99 19562 SANDRA RUSSEN REFUND-SWIMMING LESSONS/SKATING LESSONS 50.00 19563 LORI SCHMELING REFUND-ICE SKATING SHOW 55.00 19564 MN BOARD OF PEACE OFFICER LICENSE FEE-POLICE DEPT 15.00 19565 CARVER COUNTY COURTHOUSE PAYROLL 03-04-94 49.37 19566 CITIBANK-SOUTH DAKOTA-N A PAYROLL 03-04-94 200.00 19567 FEDERAL RESERVE BANK PAYROLL 03-04-94 SAVINGS BONDS 450.00 19568 GREAT-WEST LIFE & ANNUITY PAYROLL 03-04-94 7056.00 19569 HENNEPIN COUNTY SHERIFFS DEPT PAYROLL 03-04-94 140.21 19570 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 03-04-94 225.69 19571 ICMA RETIREMENT TRUST-457 PAYROLL 03-04-94 3723.90 19572 INTERNAL REVENUE SERVICE PAYROLL 03-04-94 32.00 19573 INTL UNION OF OPERATING ENGRS MARCH 94 UNION DUES 1270.00 19574 MN DEPT OF REVENUE PAYROLL 03-04-94 200.00 19575 MN STATE RETIREMENT SYSTEM PAYROLL 03-04-94 50.00 19576 MN TEAMSTERS CREDIT UNION PAYROLL 03-04-94 25.00 19577 EXECUTIVE DIRECTOR-PERA APRIL 94 LIFE INSURANCE PREMIUM 225.00 19578 EXECUTIVE DIRECTOR-PERA PAYROLL 03-04-94 38042.39 19579 UNITED WAY PAYROLL 03-04-94 1088.15 19580 NORTHERN STATES POWER CO SERVICE 24135.81 19581 EAGLE WINE CO WINE 657.35 19582 GRIGGS COOPER & CO INC LIQUOR 5135.18 19583 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE 9391.19 19584 ED PHILLIPS & SONS CO LIQUOR & WINE 5362.95 19585 PRIOR WINE CO WINE 3450.47 19586 QUALITY WINE & SPIRITS CO LIQUOR & WINE 2447.50 19587 MINNESOTA RECREATION & PARK ASSN TOURNAMENT SANCTION FEE/ADVERTISING- 110.00 SPECIAL TRIPS & EVENTS PROGRAM 13208178 03-22-94 3. VI MARCH 22,1994 19588 MN DEFT OF NATURAL RESOURCES ADVANCED HUNTER EDUCATION FEES-OUTDOOR 60.00 CENTER PROGRAM 19589 BROWN & CRIS INC SERVICE-EDEN HILLS/BLUFFS E 11TH ADDITION 1880.08 19590 RICHARD KNUTSON INC SERVICE-CEDAR RIDGE ESTATES 2ND ADDITION 27435.64 19591 LAYNE MINNESOTA COMPANY SERVICE-WELL #11 & #12 CONSTRUCTION 70412.58 19592 PNEUMATIC CONTROLS INC SERVICE-TEMPERATURE CONTROLS & 9604.40 INSTALLATION-COMMUNITY CENTER 19593 A U S COMMUNICATIONS INC TELEPHONE JACK/BASECORD/HOLE PLATE-CITY 41.85 CENTER PHONE SYSTEM 19594 A TO Z RENTAL CENTER PRESSURE WASHER RENTAL/VACUUM RENTALS/ 159.47 TRAILER RENTAL-LIQUOR STORE I 19595 AAHPERD DUES-ADAPTIVE RECREATION DEPT 85.00 19596 ABM EQUIPMENT & SUPPLY INC SPROCKET/CONNECTOR LINKS-PARK MAINTENANCE 40.38 19597 THE ACHIEVEMENT CENTER STAKES/LATHS-ENGINEERING DEPT 960.89 19598 ACTION THREADED PRODUCTS NUTS & BOLTS-WATER DEPT 17.49 19599 AEC ENGINEERING SERVICE-HYDROPILLAR RECONDITIONING 3100.00 SPECIFICATIONS-WATER DEPT 19600 AFFIRMED MEDICAL SERVICES INC 1ST AID SUPPLIES-CITY HALL 170.66 19601 AIR POWER EQUIPMENT CORP AIR COMPRESSOR REPAIR-FACILITIES DEPT 242.60 19602 AIRSIGNAL INC MARCH 94 PAGER SERVICE-ASSESSING DEPT/ 78.90 FIRE DEPT 19603 AMERICAN LINEN SUPPLY CO UNIFORMS-BLDG INSPECTIONS DEPT 915.82 19604 AMERICAN LINEN SUPPLY CO UNIFORMS-COMMUNITY CTR/TOWELS & MATS- 357.77 LIQUOR STORES 19605 AMERICAN MGMT ASSN DUES-FINANCE DEPT/HUMAN RESOURCES DEPT 320.00 19606 AMERICAN RED CROSS 1ST AID VIDEO-POOL LESSONS 160.50 19607 AMERICAN WATER WORKS ASSOC PUBLICATIONS/VIDEOS-UTILITIES DIVISION 419.45 19608 AMERI-DATA MAINTENANCE AGREEMENT-ENGINEERING DEPT 202.00 19609 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL 831.30 19610 EARL F ANDERSEN & ASSOC INC CAUTION SIGNS/SIGN POSTS/TRAFFIC CONTROL 495.66 SIGNS-STREET DEPT 19611 KEN ANDERSEN TRUCKING SERVICE-DISPOSAL OF WILDLIFE-ANIMAL 106.52 CONTROL DEFT 19612 FRED G ANDERSON INC PAINT,POLICE BUILDING 25.11 19613 ANDERSONS GARDEN EXPENSES-FIRE DEPT 30.63 19614 ANIMAL & BOARDING KENNEL CANINE SUPPLIES-POLICE DEPT 97.19 19615 APPLIANCE OUTLET CENTER REFRIGERATOR/STOVE/2 MICROWAVES/ 1986.58 DISHWASHER-POLICE DEPT 19616 ARMOR SECURITY INC PANIC BARS REPAIRED-POLICE BLDG/FIRE 401.18 STATION/QTRLY MAINTENANCE AGREEMENT- OUTDOOR CTR/LOCK REPAIR-HOMEWARD HILLS PK BLDG 19617 ASTLEFORD INTL INC ELEMENTS/PUMP/GASKET/JOINTS/BEARINGS/ 2126.59 WATER & OIL PUMPS/OVERHAUL SET/INSULATOR/ SUPERCHARGER/SEAL KITS/VALVE PUSH RODS/ TAPPET-EQUIPMENT MAINTENANCE 19618 AT&T VOICE COIL HORN-WATER DEPT 197.44 19619 AUDIO VISUAL WHOLESALERS VIDEO RECORDER WITH TIME/DATE GENERATOR/ 1245.89 VIDEO TAPES-POLICE FORFEITURE-DRUGS 19620 AUTO CENTRAL SUPPLY THINNER/REDUCER-COMMUNITY CENTER 81.89 19621 AVR INC CEMENT-SEWER DEPT 135.12 19622 B & S TOOLS STRAP/WRENCHES/SCREWDRIVER BITS/WIRE 1373.32 TWISTERS/TOOL BOX -$1214-EQUIPMENT MAINT/ NEEDLE NOSE PLIERS/SCREW STARTERS/ CROWSFEET-WATER DEPT 12579990 03-22-94 4. VI 19623 BACONS ELECTRIC CO TIME RELAY REPLACED/PANEL ALARM RELAY 3383.06 REPLACED/FUSES/BATTERIES/LIGHT ALARM CIRCUIT BOARD/HAMMER PUSH BUTTON RUBBER BOOTS/FURNISH & INSTALL NEW SERVICE AT WASHINGTON AVE LIFT STATION-UTILITIES DIVISION 19624 BATTCHER & AERO ELECTRICAL CONST RESERVOIR BEACON LIGHTS & INSTALLATION- 157.00 WATER DEPT 19625 BAUER BUILT INC BATTERIES/FILTERS/WINDSHIELD SOLVENT/HOSE 455.54 CLAMPS/SIGNAL LAMPS/POWER STEERING FLUID/ BRAKE FLUID/WIPER BLADES-EQUIPMENT MAINT 19626 ANNETTE BEACH CONSULTING SERVICE-POLICE DEPT 68.00 19627 BEAR CREEK ARCHEOLOGY INC SERVICE-CULTURAL RESOURCES SURVEY- 3000.00 MINNESOTA RIVER VALLEY 19628 BECKER ARENA PRODUCTS INC POLY LINE INSERT-COMMUNITY CENTER 12.40 19629 BIFFS INC MARCH 94 WASTE DISPOSAL-PARK MAINTENANCE 555.12 19630 DAVID BLACK MILEAGE-COMMUNITY CENTER ADMINISTRATION 60.76 19631 CITY OF BLOOMINGTON JANUARY 94 KENNEL COSTS-ANIMAL CONTROL 745.00 DEPT 19632 THOMAS J BONTE BROOMBALL OFFICIAL/FEES PAID 425.00 19633 GLENN BRAGG REFUND-VARIANCE AGREEMENT DEPOSIT 30.00 19634 BRAUN INTERTEC CORPORATION SERVICE-MILLER PARK 11220.75 19635 PAUL BROWN BASKETBALL OFFICIAL/FEES PAID 1122.00 19636 BUCKINGHAM DISPOSAL INC MARCH 94 WASTE DISPOSAL-LIQUOR STORE I 84.99 19637 BUREAU OF CRIMINAL APPREHENSION SCHOOL-POLICE DEPT 40.00 19638 WES BYRON SOFTBALL OFFICIAL/FEES PAID 68.00 19639 CAPITOL COMMUNICATIONS CUSHIONS/CHIP RESISTORS/TONE REEDS/PAGER 2355.55 REPAIRS/INSTALLED MODS/REPLACED TONE REEDS-POLICE DEPT 19640 CAR CO AUTO PARTS CO VALVE SHIMS/GUIDES-EQUIPMENT MAINTENANCE 116.79 19641 CARLSON COUNSELING & CONSULTATION FEBRUARY 94 EMPLOYEE ASSISTANCE-HUMAN 145.00 RESOURCES DEPT 19642 JIM CARLSON LEASING CO PASSENGER VAN RENTAL-ACCESSIBLITY PROGRAM 49.78 19643 KELLY CARLSON BASKETBALL OFFICIAL/FEES PAID 159.25 19644 CENTRAIRE INC THERMOSTAT REPLACED-FIRE STATION/CAR WASH 1015.47 HEATER REPAIR-PUBLIC WORKS BLDG/REPLACED FLAME SCANNER EYE-EATON BLDG/REPLACED INDUCER MOTOR & WHEEL-LIQUOR STORE I 19645 CHANHASSEN LAWN & SPORTS FLAT FILE/SAW CHAIN/CHOKE ROD/SNOWMOBILE 529.64 HELMET-STREET MAINT/PARK MAINT/FORESTRY DEPT 19646 CITIZENS LEAGUE PUBLIC AFFAIRS DIRECTORY-ADMINISTRATION 20.00 DEPT 19647 CITY SIGNS DECALS-EQUIPMENT MAINTENANCE 60.71 19648 CLARITY AUDIO SYSTEMS INC PAGING SYSTEM-E P CITY CENTER 1185.82 19649 CLUTCH & U-JOINT BURNSVILLE INC TRUCK TRANSMISSION & DRIVE LINE REBUILT- 1880.72 EQUIPMENT MAINTENANCE 19650 CONCEPT MICRO IMAGING MICROFILMING-UTILITY BILLING 846.48 19651 CONVEY SAFETY PRODUCTS SPLASH GUARD GOGGLES-SAFETY DEPT 69.63 19652 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT/STREET 295.65 DEPT 19653 CLIFF CRACAUER CONFERENCE EXPENSES-EQUIPMENT MAINTENANCE 123.86 19654 CROWN PLASTIC INC PLASTIC SHEETING-PARK MAINTENANCE 36.26 19655 CSC CREDIT SERVICES INC CREDIT CHECK SERVICE-POLICE DEPT 10.00 3032823 03-22-94 5. VI MARCH 22,1994 19656 CUB FOODS EXPENSES-FIRE DEPT 179.86 19657 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES-WATER DEPT 178.45 19658 CURTIS INDUSTRIES INC DRILL BITS/WIRE/SCREWS-EQUIPMENT MAINT 437.89 19659 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 9790.69 19660 DALCO CLEANING SUPPLIES-COMMUNITY C;1'R/WATER DEPT 592.84 19661 DANKO EMERGENCY EQUIP CO LETTERS/SIGNS/HANDLES/SCREWS-FIRE DEPT 258.14 19662 DEPT OF LABOR & INDUSTRY-CAIS AIR TANK LICENSES-FIRE STATION 10.00 19663 EUGENE DIETZ FEBRUARY 94 CAR ALLOWANCE-ENGINEERING DEPT 200.00 19664 DISPATCH COMMUNICATIONS OF MN INC CERTIFICATION OF SPEED RADAR TUNING FORKS- 226.80 POLICE DEFT 19665 DPC INDUSTRIES INC FERRIC SULFATE-WATER DEPT 4494.00 19666 DRISKILLS NEWMARKET EXPENSES-WINTER SKILL DEVELOPMENT PROGRAM/ 98.50 SENIOR CENTER/COMMUNITY CENTER 19667 DRISKILLS NEWMARKET EXPENSES-FIRE DEPT 61.86 19668 DRISKILLS NEWMARKET CONCESSION STAND SUPPLIES-COMMUNITY CENTER 271.10 19669 E P APPLIANCE SERVICE WASHER REPAIR-POLICE DEPT 60.95 19670 EDEN PRAIRIE CHAMBER OF COMMERCE FEBRUARY CHAMBER LUNCHEON-CITY STAFF & 137.00 GUESTS 19671 E P PHOTO SLIDES-FIRE DEPT 12.67 19672 EDEN PRAIRIE SCHOOL DIST 272 BUS SERVICE-SPECIAL TRIPS/SKI TRIPS/GYM 647.04 RENTAL-ADAPTIVE RECREATION PROGRAM 19673 EDEN PRAIRIE TIRE & AUTO SVC TIRES/WHEEL BALANCE & ALIGNMENT-EQUIPMENT 157.38 MAINTENANCE 19674 CITY OF EDINA FEBRUARY 94 WATER TESTS-WATER DEPT 230.00 19675 EJM PIPE SERVICES INC SERVICE-THAWING OF FROZEN WATER LINES- 1593.75 WATER DEPT 19676 EKLUNDS TREE & BRUSH DISPOSAL FEBRUARY 94 BRUSH DISPOSALr-FORESTRY DEPT 795.00 19677 ELVIN SAFETY SUPPLY INC GAS DETECTION TUBES/GLOVES/SHIRTS/LAB 1037.71 COATS/DOG REPELLANT/OXYGEN SENSOR- UTILITIES DIVISION 19678 ESS BROTHERS & SONS INC STOOLS-SEWER DEPT 335.48 19679 RON ESS HOCKEY OFFICIAL/FEES PAID 210.00 19680 FACILITY SYSTEMS INC LATERAL FILE-ENGINEERING DEPT/PEDESTALS- 2464.60 POLICE DEPT 19681 FAUVER COMPANY TUBING-WATER DEPT 36.86 19682 FEED RITE CONTROLS INC CHLORINE-WATER DEPT 1442.45 19683 FISH & LABEAU SIGNS 4 SIGNS INSTALLED-CITY CENTER 1550.00 19684 FLOYD SECURITY 2ND QTR 94 SECURITY SYSTEM MAINTENANCE 359.97 AGREEMENT-LIQUOR STORE I 19685 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT 135.84 19686 SUE FORSTER MINUTES-HISTORICAL & CULTURAL COMMISSION 189.76 19687 FUNK HANECY DISTRIBUTORS STEPS REPAIRED-FIRE STATION 75.00 19688 G & K SERVICES UNIFORMS/TOWELS/MATS-FACILITIES DEPT/PARK 1571.58 MAINT/STREET MAINT/EQUIPMENT MAINT/ UTILITIES DIVISION 19689 GLENWOOD INGLEWOOD SPRING WATER-LIQUOR STORE II 5.48 19690 THE GLIDDEN COMPANY PAINT ROLLERS/BRUSHES/SPREADER SCREEN/ 316.42 ROLLER HANDLES-WATER DEPT 19691 GOVT FINANCE OFFICERS ASSN DUES-FINANCE DEPT 100.00 19692 GNERER WELDING INC CABLES-EQUIPMENT MAINTENANCE 75.99 }BR 1BRi c►:• T IalIit c& SVC ak8Eigga, ps§I EERVINI[JTILITIES IV 19R:80 19695 W W GRAINGER INC HEATER/FIXTURES/CEILING FANS/LAMPS/ 766.88 CASTERS-FACILITIES DEPT/WATER DEPT 3193792 03-22-94 6. VI MARCH 22,1994 19696 MICHAEL HAMILTON BROOMBALL OFFICIAL/FEES PAID 68.00 19697 EMILY HARALDSON AFTERSCHOOL CONNECTION PROGRAM INSTRUCTOR/ 315.00 FEES PAID 19698 HARMON GLASS COMPANY WINDSHIELD-EQUIPMENT MAINTENANCE 244.31 19699 HEAVENLY HAM MEETING EXPENSES-POLICE DEPT/FIRE DEPT 55.00 19700 HENNEPIN COUNTY TREASURER DELINQUENT TAXES-TIF DISTRICT 36490.66 19701 HENNEPIN COUNTY TREASURER CITYS SHARE OF PREPARING & MAILING TRUTH 2464.39 IN TAXATION NOTICES 19702 HENNEPIN COUNTY TREASURER FILING FEES-COMMUNITY DEVELOPMENT DEPT 1972.50 19703 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT 162.50 19704 HENNEPIN COUNTY TREASURER JANUARY 94 BOARD OF PRISONERS-POLICE DEPT 1898.64 19705 HENNEPIN COUNTY SHERIFF JANUARY 94 BOOKING FEES-POLICE DEPT 968.18 19706 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENTS-BUILDING 95.30 INSPECTIONS DEPT/STREET DEPT 19707 HOFFERS INC FIELD MARKING PAINT-PARK MAINTENANCE 189.09 19708 HONEYWELL INC 2 CIRCULAR CHART RECORDERS-WATER DEPT 2758.35 19709 HONEYWELL INC MARCH 94 INDUSTRIAL MAINTENANCE AGREEMENT- 1200.00 WATER DEPT 19710 HONEYWELL INC COMPRESSED AIR LINE VALVE-WATER DEPT 139.04 19711 HOPKINS PLUMBING & HEATING CO INC FLANGES/SPOOL-WATER DEPT 290.75 19712 INACOM HARD DRIVE CONTROLLER/CD ROM DRIVE-WATER 902.79 DEPT 19713 INDUSTRIAL LIGHTING SUPPLY INC LAMPS-WATER DEPT 184.37 19714 INLAND TRUCK PARTS CO BUSHINGS/U-JOINT KITS/GOVERNOR/BEARINGS/ 220.75 CLUTCH ASSEMBLY/SEALS-EQUIPMENT MAINT 19715 INTL CONFERENCE OF BLDG OFFICIALS DUES-BLDG INSPECTIONS DEPT 175.00 19716 INTL ASSN PLUMBING & DUES-BUILDING INSPECTIONS DEPT 75.00 19717 INTOXIMETERS INC INTOXIMETERS-POLICE DEPT 399.38 19718 IPMA MINNESOTA DUES-HUMAN RESOURCES DEPT 25.00 19719 J & R RADIATOR CORP CORE INSTALLATION-EQUIPMENT MAINTENANCE 144.45 19720 JAMAR TECHNOLOGIES INC TRAFFIC COUNTING KIT/SOFTWARE/CABLE/POWER 1510.00 SUPPLY-ENGINEERING DEPT 19721 BRENDA JERDE VOLLEYBALL OFFICIAL/FEES PAID 170.00 19722 JOHNSON CONTROLS FILTER-COMMUNITY CENTER 139.15 19723 P M JOHNSONS 40 FOLDING TABLES-HUMAN RESOURCES DEPT 12407.25 19724 JPM STORE FIXTURE & STANDARDS/SHELVES-LIQUOR STORE II 233.24 19725 KENS FRESH MEAT EXPENSES-FIRE DEPT 14.52 19726 LAB SAFETY SUPPLY LATEX GLOVES-WATER DEPT 125.01 19727 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 1346.43 19728 LAKELAND FORD TRUCK SALES INC HANDLE ASSEMBLY/SWITCH/CONTROL SELECTORS/ 7007.51 FAN CLUTCH/TRAILER BRAKE PARTS HOOK-UP/ DIESEL ENGINE-EQUIPMENT MAINTENANCE 19729 ROBERT LAMBERT FEBRUARY 94 CAR ALLOWANCE-ENGINEERING DEPT 200.00 19730 LANG PAULY & GREGERSON LTD FEBRUARY 94 SERVICE-INTERSTATE DIESEL 654.00 LITIGATION 19731 LANIER WORLDWIDE INC VOICE LOGGER REPAIR-POLICE DEPT 189.00 19732 LANO EQUIPMENT INC BOBCAT SKIDLOADER-SEWER DEPT 24579.94 19733 LEAGUE OF MN HUMAN RIGHTS COMMISS DUES-CITY COUNCIL 167.07 19734 LEEF BROS INC COVERALLS/MATS-EQUIPMENT MAINTENANCE 147.64 19735 L LEHMAN & ASSOCIATES INC FEBRUARY 94 SERVICE-FLYING CLOUD LANDFILL 4236.18 19736 LIONS TAP GIFT CERTIFICATES-ORGANIZED ATHLETICS DEPT 250.00 19737 LIQUID CARBONIC LIQUID CARBON DIOXIDE-WATER DEPT 478.04 19738 LOES OIL COMPANY DRUM OF CRUSHED OIL FILTERS-EQUIPMENT MAINT 60.00 19739 LORENZ BUS SERVICE INC BUS SERVICE-ADULT PROGRAMS 172.00 10552543 03-22-94 7. VI MARCH 22,1994 19740 LUND MARTIN CONSTRUCTION REFUND-OVERPAYMENT BUILDING PERMIT 3835.00 19741 LUNDQUIST WILMAR POTVIN & CONSULTING SERVICE-E P NATATORIUM 112.00 19742 LUSIAN ELECTRIC REPLACED BALLASTS-LIQUOR STORE I 99.56 19743 LYMAN LUMBER CO CEDAR TIMBERS-STREET MAINTENANCE 30.40 19744 MACQUEEN EQUIPMENT INC STREET SWEEPING MACHINE BROOMS/CURB SHOES- 2129.62 EQUIPMENT MAINTENANCE 19745 JAMES MANFRED HOCKEY/BROOMBALL OFFICIAL/FEES PAID 936.00 19746 MARTIN-MCALLISTER STRESS TESTS-POLICE DEPT 900.00 19747 MASYS CORPORATION APRIL 94 COMPUTER HARDWARE & SOFTWARE 1429.70 MAINTENANCE AGREEMENT-POLICE DEPT 19748 MAXI-PRINT INC PRINTING FORMS-POLICE DEPT 403.64 19749 MCGLYNN BAKERIES INC EXPENSES-POLICE DEPT/SENIOR CENTER/ 72.00 AQUATIC & FITNESS CENTER/WATER DEPT 19750 MENARDS CABINET HINGES & KNOBS/PLYWOOD/TIMBERS/ 1184.18 TAPE MEASURES/BELTS/SPRINGS/LUMBER/ FIBERBOARD/BALL VALVES/ROUTER BIT/BUTCHER BLOCK/COUPLINGS/CONDUIT/FILTERS/CULVERT PIPE/TUBE CUTTER/STEEL WOOL/SAND/LACQUER THINNER/SHELVES/TWINE-STREET MAINT/FIRE DEPT/EQUIPMENT MAINT/PARK MAINT/COMMUNITY CENTER/UTILITIES DIVISION 19751 METRO CHIEF FIRE OFFICERS ASSN DUES-FIRE DEPT 60.00 19752 METROPOLITAN MECHANICAL BOILER INSPECTION-COMMUNITY CENTER 57.50 19753 METROPOLITAN WASTE CONTROL COMM APRIL 94 SEWER SERVICE 106237.00 19754 MID-AMERICA BUSINESS SYSTEMS TAB POCKETS-ADMINISTRATION DEPT 426.33 19755 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/COMMUNITY CTR/ 2400.57 POLICE DEPT 19756 HERMAN MILLER INC WORK SURFACES/PEDESTALS/DRAWERS/WALL 12960.16 STRIP HANGERS/CONNECTORS-$2158-ENGINEERING DEPT/WORK SURFACES/SHELVES/FLIPPER UNITS/ PENCIL DRAWERS/TACK BOARDS-$10801-POLICE DEPT 19757 MINNCOMM PAGING FEBRUARY 94 PAGER SERVICE-UTILITIES DIV 44.46 19758 MINNEAPOLIS HEALTH DEPT LABORATORY TETSTS-POLICE DEPT 60.40 19759 MN ASSN OF CEMETERY OFFICIALS DUES-PLEASANT HILLS CEMETERY 35.00 19760 MAUMA DUES-HUMAN RESOURCES DEPT 50.00 19761 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES 496.46 19762 MINNESOTA BLUEPRINT PRINTING ZONING MAPS/BASE MAPS-ENGINEERING 335.43 DEPT/COMMUNITY DEVELOPMENT 19763 MINNESOTA BUSINESS FORMS LETTERHEAD-CITY HALL 989.59 19764 MN INSTITUTE OF LEGAL EDUCATION SCHOOL-POLICE DEPT 330.00 19765 MN POLICE & PEACE OFFICERS ASSN DUES-POLICE DEPT 585.00 19766 MINNESOTA POLLUTION CONTROL AGENC LICENSE FEES-WATER DEPT 520.00 19767 MINNESOTA SUPPLY COMPANY FORKLIFT RENTAL-STREET MAINT/REPLACED 1550.00 GARAGE GUSSET & RE-INSTALLED JIB CRANE- WATER DEPT 19768 MINNETONKA PUBLIC SCHOOLS CITYS SHARE MTKA COMMUNITY EDUCATION & 100.00 SERVICES PROGRAM-RECREATION ADMINISTRATION 19769 MOUNTAIN NETWORK SOLUTIONS INC COMPUTER UPGRADE-FIRE DEPT 153.45 19770 WM MUELLER & SONS INC SAND-SNOW & ICE CONTROL-STREET DEPT 1721.90 19771 MUNITECH INC REMOVAL OF COMPOUND WATER METER-WATER 283.05 DEPT 19772 MCNEILUS STEEL INC STEEL PLATE/ANGLES/TUBING-PARK MAINTENANCE 563.40 19773 NATIONAL CAMERA EXCHANGE POLAROID FILM-POLICE DEPT 565.25 19774 NATIONAL CITY BANK TAX REPORTING FEES-FINANCE DEPT 100.32 14175737 03-22-94 8. VI MARCH 22,1994 19775 BETH NILSSON SKATING DIRECTOR/FEES PAID 806.00 19776 MICHAEL D NORMAN & ASSOC INC SCHOOL-SEWER DEPT 975.00 19777 NORTH STAR ICE SUPPLIES-LIQUOR STORES 308.49 19778 NORTHERN HYDRAULICS INC DRAIN & SEWER UNCLOGGER/COUPLERS/CHAIN 169.09 HOIST MANUAL/PLUGS-WATER DEPT 19779 NORTHLAND BUSINESS COMMUNICATIONS REPLACED DICTAPHONE HEADER/BEARINGS- 141.56 ENGINEERING DEPT 19780 OPM INFORMATION SYSTEMS LASER PRINTER & SOFTWARE-$2058-RECREATION 2100.29 ADMINISTRATION/MARGIN ROD-WATER DEPT 19781 ORCHARD KNOLL KENNELS INC GERMAN SHEPARD DOG-POLICE FORFEITURE-DRUGS 3020.00 19782 PAPER WAREHOUSE BALLOONS/TABLECOVERS-SOCIAL PROGRAMS 15.76 19783 PARK NICOLLET MEDICAL CENTER RESPIRATORY QUESTIONAIRE REVIEW-HUMAN 440.00 RESOURCES DEPT 19784 PAYLESS CASHWAYS CARRIAGE BOLTS/LAG SCREWS/STUDS-FIRE DEPT 199.12 19785 C M PERME & ASSOCIATES INC CONSULTING & FACILITATION SERVICES FOR 500.00 MARTIN LUTHER KING JR EVENT-COMMUNITY SERVICES DEPT 19786 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION 13.72 19787 PIP PRINTING PRINTING FORMS-ORGANIZED ATHLETICS DEPT 82.01 19788 PITNEY BOWES INC 2ND QTR POSTAGE BY PHONE METER RENTAL- 144.29 POLICE DEPT 19789 AARON PITTS BASKETBALL OFFICIAL/FEES PAID 340.00 19790 PRAIRIE ELECTRIC COMPANY INC REPLACED BALLAST & CEILING FAN-PUBLIC 891.30 WORKS BLDG/REPLACED FIXTURES-WATER DEPT 19791 PRAIRIE OFFSET PRINTING PRINTING-BALLOTS-ELECTIONS DEPT/ROAD 533.14 RESTRICTION PERMITS-STREET MAINT/FORMS- POLICE DEPT/HISTORICAL INTERPRETATION PROGRAM 19792 THE PEMTOM LAND COMPANY CITYS PORTION RETAINING WALL COSTS-RICE 9000.00 MARSH LAKE TRAIL CONSTRUCTION 19793 PRESERVE REXALL DRUG OFFICE SUPPLIES/NAILS-LIQUOR STORE II 14.38 19794 PUBLIC SECTOR QUALITY REPORT SUBSCRIPTION-ADMINISTRATION DEPT 69.50 19795 PUMP & METERS SERVICE INC REBUILT TRUCK NOZZLE/REPLACED CAM ARM/ 280.44 REPLACED RESET PLUNGER-EQUIPMENT MAINT 19796 QUALITY FLOW SYSTEMS INC CONTROL PANEL FOR LIFT STATION-SEWER DEPT 11732.04 19797 QUALITY WASTE CONTROL INC FEBRUARY 94 WASTE DISPOSAL-FACILITIES 874.69 LIQUOR STORE II/WATER DEPT 19798 QUANTUM & CO CUSTOM EMBROIDERY UNIFORMS-STREET DEPT 3.75 19799 RADIO SHACK CABLE/EXTENSION CORD-EQUIPMENT MAINTENANCE 19.15 19800 ROBERT RACHEL BROOMBALL OFFICIAL/FEES PAID 459.00 19801 RECYCLING ASSN OF MN DUES-ADMINISTRATION DEPT 65.00 19802 REVERE SEALS-WATER DEPT 95.23 19803 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-WATER TOWER/TRUNK WATERMAIN/ 33612.51 ROWLAND RD CONST/RILEY LK PK DESIGN 19804 ROGERS SERVICE ALTERNATOR REPAIRS-EQUIPMENT MAINTENANCE 142.99 19805 ROLLINS OIL CO UNLEADED FUEL-EQUIPMENT MAINTENANCE 6224.18 19806 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 552.80 STREET MAINT/RECREATION ADMINISTRATION/ ADAPTIVE RECREATION 19807 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT/ 752.94 COMMUNITY CENTER 19808 WILLIAM SCARLETT EXPENSES-POLICE DEPT 29.19 19809 KEVIN SCHMIEG FEBRUARY 94 CAR ALLOWANCE-BLDG INSPECTIONS 200.00 DEPT 19810 SIGNATURE CONCEPTS INC COFFEE MUGS WITH LOGO-POLICE DEPT 297.87 7510543 03-22-94 9. VI MARCH 22,1994 19811 SIMPLEX TIME RECORDER CO MOTOR-COMMUNITY CENTER 28.61 19812 PETER N SMITH VOLLEYBALL OFFICIAL/FEES PAID 263.50 19813 W GORDON SMITH CO PROPANE/GAS-EQUIPMENT MAINT/WATER DEPT 101.32 19814 SNAP-ON TOOLS CORPORATION CROWFOOT/BLOW GUN/WRENCHES/CRIMPER TOOR./ 661.77 HAMMER/HOLE SAW/NUTDRIVER SETS/SCREW DRIVER-EQUIPMENT MAINT/WATER DEPT 19815 SNYDER DRUG STORES INC EXPENSES-POLICE DEPT/FILM-SOCIAL PROGRAMS 11.01 19816 SNYDER DRUG STORES INC GLUE-KIDS KORNER PROGRAM/FILM-ORGANIZED 18.86 ATHLETICS PROGRAM 19817 SOUTHWEST CONTRACTORS SUPPLY ROUTER BIT/MARKING PAINT-UTILITIES DIVISION 195.87 19818 MARY F SPILLES VOLLEYBALL OFFICIAL/FEES PAID 425.00 19819 SPIRIT COACHES INC BUS SERVICE/LODGING-ADULT PROGRAMS/FEES 1193.00 PAID 19820 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-STREET MAINT/PARK MAINT/ 1505.06 EQUIPMENT MAINT/UTILITIES DIVISION 19821 STAR TRIBUNE SUBSCRIPTION-POLICE DEPT 78.00 19822 THE STATE CHEMICAL MFG CO GRAPHITE/LUBRICANT-WATER DEPT 1900.00 19823 STERLING GROUP INC REAL ESTATE SERVICE-TEMAN-MARKET CENTER 531.25 19824 RENEE STEWART-HESTER MILEAGE-RECREATION ADMINISTRATION 40.60 19825 STOREFRONT/YOUTH ACTION INC 3RD & 4TH QTR 93 YOUTH COUNSELING & 5516.50 REFERRAL SERVICE-COMMUNITY SERVICES DEPT 19826 STRGAR ROSCOE FAUSCH INC SERVICE-DELL RD/SHORES OF MITCHELL LAKE/ 4839.34 SCENIC HEIGHTS RD/WEST 82ND ST 19827 STRINGER BUSINESS SYSTEMS INC COPIER MAINTENANCE AGREEMENT-CITY HALL 108.90 19828 SUBURBAN RATE AUTHORITY DUES-CITY COUNCIL 1500.00 19829 SULLIVANS UTILITY SERVICES INC SERVICE-THAWED FROZEN WATER LINES-WATER 499.50 DEPT 19830 SWEDLUND SEPTIC SERVICE FEBRUARY 94 WASTE DISPOSAL-OUTDOOR CENTER 340.00 19831 TERRENCE LEE SWEDZINSKI REFUND-DEVELOPERS AGREEMENT DEPOSIT 2490.00 19832 SYSTEMS CONTROL SERVICES INC MOBILE RADIO REPAIR-WATER DEPT 0.00 19833 TAMS-WITMARK MUSIC LIBRARY INC ROYALTY/ORCHESTRATION RENTAL/DEPOSIT- 610.00 HISTORICAL & CULTURAL COMMISSION 19834 TAPE DISTRIBUTORS OF MN VHS TAPES/ALBUMS-POLICE DEPT 0.00 19835 TARGET STORES FILM-POLICE DEPT 680.00 19836 THE TAUNTON PRESS SUBSCRIPTION-PARK PLANNING 26.00 19837 MARC THIELMAN CAR PHONE REIMBURSEMENT-FACILITIES DEPT 12.74 19838 THOMPSON PUBLISHING GROUP FAIR LABOR STANDARDS HANDBOOK-UTILITIES 259.50 DIVISION 19839 TIE SYSTEMS INC-MN PHONE SYSTEM INSTALLATION-CITY CENTER 870.72 19840 JEANE THORNE INC SERVICE-COMMUNITY DEVELOPMENT DEPT 1101.60 19841 TRAFFIC INSTITUTE SCHOOL-POLICE DEPT 350.00 19842 TWIN CITY AREA 1ST QTR DUES-CITY COUNCIL 200.00 19843 TWIN CITY OXYGEN CO OXYGEN-FIRE DEPT/MILLER CART-SEWER DEPT 169.85 19844 TWIN CITY VACUUM SPRINGSBASE COVERS-FACILITIES DEPT 32.24 19845 SUPERINTENDENT OF DOCUMENTS OSHA REGULATIONS/DOCUMENTS/TECHNICAL 88.00 INFORMATION-SAFETY DEPT 19846 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 462.54 19847 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT/ANIMAL CONTROL DEPT 1615.83 19848 VIDEO TOASTER USER MAGAZINE SUBSCRIPTION-POLICE DEPT 36.00 19849 TRIA VIKESLAND MILEAGE-ADAPTIVE RECREATION DEPT 77.00 19850 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER 789.04 19851 VISU-SEWER CLEAN & SEAL INC TELEVISION INSPECTION OF LINES-SEWER DEPT 1680.00 19852 VOSS LIGHTING LIGHT BULBS-COMMUNITY CENTER 17.59 19853 WATERPRO HYDRANT MARKERS/HOSE NOZZLES/METER 5258.19 REPAIRS/CURB STOP BOX REPAIR/SPLICE CONNECTORS/PRESSURE CHAMBERS/GENERATORS/ 3658493 03-22-94 1D. VI ADAPTERS/5/8X3/4 1000 GAL METERS/TOUCH PADS & UPGRADE MODULES/COPPERHORNS/SOLDER SWIVEL-WATER DEPT 19854 WALDOR PUMP & EQUIP CO POWER CABLE REPAIR-SEWER DEPT 521.85 19855 WBCS GIFT BOOK DRAFT & REVISIONS-RECREATION 282.00 ADMINSTRATION 19856 WEATHER WATCH INC WEATHER SERVICE-SNOW & ICE CONTROL-STREET 200.00 DEPT 19857 JASON WENDOLEK BASKETBALL OFFICIAL/FEES PAID 102.00 19858 WEST WELD HELMET REPAIR/WELDING ELECTRODES/GRINDING 214.69 DISCS/WELDING GLOVES/CUTTING TIP- EQUIPMENT MAINTENANCE 19859 WESTSIDE EQUIPMENT VEHICLE MAINTENANCE SOFTWARE PROGRAM- 266.25 EQUIPMENT MAINTENANCE 19860 WONDER WEAVERS ENTERTAINMENT-WINTER FUNDAY-SOCIAL 130.00 PROGRAMS 19861 WORK & FAMILY CONNECTION INC SUBSCRIPTION-HUMAN RESOURCES DEPT 195.00 19862 X-ERGON TORCH-WATER DEPT 125.45 19863 YALE INC REPLACED HOT WATER HEATING PUMP SHAFT 993.20 SEAL/CHANGED 2 AIR COMPRESSOR OIL FILTERS- WATER DEPT 19864 ZACKS INC TOWELS/SPRAY BOTTLES/CHAIN FASTENERS/GRAB 212.15 HOOKS/LUBRICANT-EQUIPMENT MAINT/PARK MAINT 19865 EARL ZENT MILEAGE/EXPENSES-ASSESSING DEPT 21.70 18912 VOID OUT CHECK 50.00- 19069 VOID OUT CHECK 15.00- 19134 VOID OUT CHECK 200.00- 19199 VOID OUT CHECK 2489.95- 19264 VOID OUT CHECK 30.00- 19340 VOID OUT CHECK 342.58- 19345 VOID OUT CHECK 271.46- 19366 VOID OUT CHECK 366.61- 19373 VOID OUT CHECK 5915.71- 19379 VOID OUT CHECK 518.78- 19439 VOID OUT CHECK 173.78- •710958 $963182.26 03-22-94 11. DATE: CITY COUNCIL AGENDA March 22, 1994 SECTION: Petitions, Requests & Communications DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Request by Gerten Farm Market II for Council To Review Decision by Board of Adjustments and VIII. A Community Development Appeals To Deny Variance Requested Action: It is recommended that the Council set April 5, 1994, as the date to consider the appeal by Gerten Farm Market II regarding the decision of the Board of Adjustments and Appeals to deny its request for a variance. Background: On March 10, 1994, the Board of Adjustments and Appeals denied the variance sought by Gerten Farm Market II. The appellant seeks approval to operate a greenhouse temporarily (April 15 - July 7, 1994) in the Menards parking lot. The Board denied the variance because the property would then have more than the 10 percent of area allowed for outside sales in the City Code. Further, the greenhouse would have a poly/plastic shell, and this material does not meet the Code's materials standards. The Council's procedure for these matters is that if it wishes to consider the appeal, a date in the future is set so that all interested parties will have time to prepare their comments for the Council's discussion. NOTES: G ev'f ck7 Fait rr) 6 V,ZS D (a k? `( 4 e/ E JJ,ujer 14? S,th DE ' ��roc me ►l crs, 5Sc70 - • Y\ irY\CLtiLr.\ 1.ctq4 Gerkir0 Farni\ • CASK d _. _--F-Arr e B c)a r-c) U _ A p P eo, S nr\ m.102 is w a_ \) M.e,v\o, picczo, p LA+ Lfy ____ a_ \ e \ 0 e. „ Q)_y- i±_\e so-3 (de (1--f- epweors. C'he 1 ` QLcf__ . erc -- e. reeve ouse C e 11� er cwr s I°L c,zc`, -- -_ e l`1_3 • Tn.e eomM 1t.+3 hueI pn�e _ c e oe \21`�3 V'�`'"e_ `e c - `' � ` �cr= 5 L-k-- ke_c_cuuk_se_ 199 .') w e w o ems` gel = v _ -- -e. - w • w z-- roceed e_a _moo P c_cor bue. j 0 CA-4- _ C tN---S e c c_o IA_ jeci,si bo cLcd a _ Luc_ ,seeri,,_ 4-0 _ tod-uxe.o. a, poi e k4iet,,, Chate. o Op_p_f_reck, OOC AJLt )0e iii‘cx..( 11/vci c-o ckiClit-Asy taf -e(A-k S r (x_s ttmcJç- Lk3E_ rj 0 a _, OiOQ1 c.k. 2C DATE: CITY COUNCIL AGENDA March 22, 1994 SECTION: City Manager's Report DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Human Resources & City Center Room Rental Fee Structure Community Services XI.B.1. Natalie Swaggert Requested Action: To reaffirm the City Center Room Rental Fee Structure or to identify modifications to the structure based on the options stated below. Background: Council requested a survey of users of the City Center meeting rooms at its March 8, 1994 meeting as additional background before further discussion of any options outlined below. Survey respondents were generally satisfied with the City's facilities and current policies on use. The room rental structure, which was unanimously approved at the January 4, 1994 Council meeting, was developed to achieve these objectives: 1. Preserve the City's ability to generate revenue and to recover costs from the rental of City Center facilities. 2. Maintain fair and consistent policies and procedures for facility use. 3. Maintain a reasonable and competitive pricing strategy and structure. The pricing structure established was designed to minimize costs for tenants, public agencies, and civic and church organizations. The meeting rooms can accommodate groups of various sizes. For example, the Prairie Room seats 18 people and is available at no charge. One Heritage Room can hold up to 50 people at a cost of$8.00/hour. Food service is available in all of the lower level meeting rooms, including the Heritage Rooms. Financial Implications: Options to the rental policy the Council may wish to consider include: • No change: Remain with the current fee structure and encourage users to rent space appropriate to their size and needs. OR • Modify Attachment I such that the minimum charge currently based on two hours will now cover four hours. For example: Heritage Room I, Community Group II, evening use would change from two hours for $20.00 to four hours for $20.00. OR • Waive the Heritage Room charge for the 1st two hours (Community Groups I & II only) when full meal service is purchased. The financial implications for choosing either of the latter two options is a loss of$16 - $80 per group depending upon its size. Cost recovery within the current pricing system is intended to offset operating costs and the $58,000 capital costs to equip and furnish the meeting rooms. The estimated cost for staff to perform set-up and take-down for the Heritage Rooms ranges from $12 to $72 per meeting. These annual costs are projected to range from $15,000 to $20,000. Also, arrangements could be made to include room rental charge with the plate charge for customers wanting food service. Customers requesting food service would only see one price to use the City facilities. Supporting Documents: Eden Prairie City Center Policy for Rental Facilities, including: Attachment I Attachment II Results of random survey of City Center meeting room users dated March 17, 1994 Year-to-Date report on usage of the City Center meeting rooms dated March 17, 1994 March 18, 1994 memorandum from Eden Prairie Lioness Club NOTES: EDEN PRAIRIE CITY CENTER POLICY FOR RENTAL FACILITIES EDEN PRAIRIE CITY CENTER 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 Policy Statement The Eden Prairie City Center is operated by the City of Eden Prairie under the policies and guidelines adopted by the Eden Prairie City Council. The City Center will be available for general community use. Facilities include meeting rooms, community room, a training room, dining facilities, and the Council Chambers. The City Council recognizes the desirability of having the City Center available for use by residents and com- munity groups. This policy promotes the active use of the facilities and outlines scheduling procedures. It also sets rules and regulations for the use of the facility. Rental charges are based on operating costs and market rates. PRIORITIES FOR RENTAL OF CITY CENTER FACILITIES This section of the policy identifies priority classifications in descending order of priority. City Government- any activity related to the operations of City government including, but not limited to, City Council meetings, board and commission meetings, City programs and events. City government public meet- ings have first priority for use of the facilities. Community Group I - City Center tenants Eden Prairie Independent School District 272 (Education Center, Family Center, Community Education), C.H. Robinson, P.R.O.P., S.W. Metro, and the Eden Prairie Historical Society. Community Group II -Public agencies and Eden Prairie based civic groups,religious organizations,youth organizations and other groups which contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden Prairie based, if it has headquarters or mailing address in the City of Eden Prairie or has at least 75% of its membership roster residing in the City. Community Group III- Eden Prairie based businesses and commercial organizations and Eden Prairie resi- dents who wish to use the facilities for personal use such as wedding receptions, family reunions, anniversaries, banquets, parties, etc. Non Community Group I-Non-resident individuals and groups and non-Eden Prairie-based commercial,non- profit, and business organizations. Non Community Group II-Non-resident individuals or organizations who wish to use the facilities for a profit earning activity. Procedures & Regulations for Use I. SCHEDULING,DAMAGE,LIABILITY A. Scheduling Procedure i. Groups or individuals wishing to use the City Center facilities should make arrangements through the City Information Desk. The City will first schedule all City-sponsored programs, events and activities prior to scheduling outside groups. ii. Scheduling the facility will be on a first-come first-serve basis following the priority listing outlined in this Policy. The minimum age to rent is eighteen(18). A minimum notice of 24 hours is required to rent a commu- nity room or the City Council Chambers. • Meeting rooms may be scheduled up to three months in advance. • Community rooms, including the Training Room,may be reserved up to six months in advance. • The Garden Room may be reserved one year in advance. • The City Council Chambers may be reserved 30 days in advance and is subject to cancellation. iii. Residents may not reserve a room or facility for non-residents. iv. The City reserves the right to restrict the number of dates an individual or group may reserve facilities. This is to ensure that one group does not dominate use of a particular room or facility. B. Reservation/Special Use Fees i. The reservation fee is required for all chargeable rentals and must be paid at the time the reservation is made. See attachment 1. ii. In some instances, a special user fee may be required. The fee will be used to cover anticipated discretion- ary costs such as excessive clean-up,unusual set-up, excess electricity or phone usage, and damage associated with user's program or activity. The fee is due ten days prior to the event. C. Cancellation Policy i. In the event of an emergency, the City reserves the right to cancel any activities. Reservation fees will be returned accordingly. ii. The City of Eden Prairie reserves the right to cancel any reservation if contracts are not signed and returned by due date. iii. The reservation fee for the rental of the Heritage Room and Training Room is refundable if cancellation notice is received within 30 days of the scheduled event. iv. The reservation fee for the Garden Room is not refundable in the case of cancellation on the part of the renter if the facility cannot be re-rented. If facility is re-rented,the reservation deposit will be returned. D. Liability and Damage i. All organizations, groups or individuals using the City Center may be requested to sign a waiver of liability on a form provided by the City and provide a Certificate of Insurance as proof of liability coverage. ii. The City will not assume liability for loss or damage to property belonging to an organization or group. iii. Any organization, group or individual reserving a facility shall be fully responsible for any damage to the building or equipment and any unlawful acts. Any damages to facilities or equipment must be reported immedi- ately to staff on duty. E. Room Regulations. Supervision and Security i. General hours of operation are: Monday through Friday 7:30 a.m. to 10 p.m., Saturdays 8 a.m. to midnight and Sundays 8 a.m to 10 p.m. Special arrangements must be made for rental outside of these times and additional charges may be assessed. ii. Use of tobacco is prohibited in the Eden Prairie City Center. The building and all other city owned facili- ties are designated as tobacco free. iii. Every group using the facility must be under competent adult leadership. The organization or user group shall assume full responsibility for the groups' conduct and for any damage to the building or equipment. The City reserves the right to assign a room attendant and/or licensed police officer, and pass on the cost, as well as any additional costs to the user, if it is deemed necessary because of the type of function or activity that is scheduled. iv. Rooms and areas must be left in an orderly condition. If additional effort beyond normal cleaning is re- quired, a special user fee for personnel costs associated with the cleaning may be added. v. Meetings and activities must be confined to the areas reserved for their use. vi. Food and beverages are not permitted in the City Council Chambers. vii. Disorderly conduct shall be grounds for immediate termination of the activity/event without refund. viii. If deemed necessary, a Security Officer or Room Attendant may be required and must be paid for by the user. ix. Violations of these regulations may result in the denial of future use of the City Center. Denial of use does not exempt violators from possible prosecution under applicable City ordinances, State or Federal laws. II. FOOD AND BEVERAGE SERVICE A. Events Involving Food Service i. Any event that involves the use of catered food service must be done through the City's designated caterer. ii. Food and beverages are not permitted in the City Council Chamber. B. Events Involving Alcohol i. Alcohol beverages may be served as an accompaniment to an event that is utilizing the City Center catering services. ii. Beer, wine and other alcoholic beverages may be served at activities held in the Garden Room or other designated areas. Provision of alcoholic beverages is restricted to the City Center's designated caterers. Desig- nated caterers must meet the appropriate insurance requirements of the City. iii. A security officer(licensed Eden Prairie police officer) will be required to be present at all private parties and events sponsored by Community Group III users where alcohol is served. iv. The City reserves the right to require the presence of a security officer for any activity or event that involves the use of alcoholic beverages sponsored by Community Group I and II users. v. Payment for the services of the security officer must be made 24 hours prior to the event. vi. Beer and wine may only be served until 10:30 p.m. on weeknights and 12 midnight on Friday and Saturday evenings. vii. In the event that alcohol is served for an event, an additional damage deposit may be required. III. SPECIAL USES A. Fund Raising/Charitable Gambling Activities i. The City will allow the City Center to be used for limited fund raising activities. Only Eden Prairie based public agencies, civic groups,non profit and resident groups may conduct fund raising activities at the City Center. Fund raising activities include: selling articles on site, advanced ticket sales or any other means of collecting monies. Any group conducting a fund raiser will be charged the Community Group II rate as set forth in the rate schedule for the City Center. ii. Any use involving licensed charitable gambling requires City Council approval. B. Use of Decorations i. Decorations must be pre-approved. ii. Clean-up of all decorations is required by the reservation holder. An additional damage deposit may be required to ensure adequate clean-up. Attachment I City Center Room Rental Fee Structure COMMUNITY COMMUNITY COMMUNITY NON COMMUNITY NON COMMUNITY GROUP I GROUP II GROUP III GROUP I GROUP II 0 a NOT AVAILABLE NOT AVAILABLE NOT AVAILABLE NOT AVAILABLE NOT AVAILABLE d ::::::<::::::: : iet.:: :: .:.-: ::::::::::::: ::::<:::i: ::: :::; ... ...:::::.N ...: ::::: $24.00/hour $32.00/hour $40.00/hour $60.00/hour $80.00/hour O S min.2 hrs. min.2 hrs. min.2 hrs. min.2 hrs. min.2 hrs. Ix o. ($48.00) ($64.00) ($80.00) ($120.00) ($160.00) W ::>: <::;::::::::: z::: x :. .{�{� 4.� ...........�...................................... gV..kitF.� :>;;>: i . .1.li.U'.}�0:.:::.i:.i :::.i:.:.i:.i::i.::.:.i:.:::::� .............................................W+�.....+�.. .... ....... O g $12.00/hour $16.00/hour $20.00/hour $30.00/hour $40.00/hour a " min.2 hrs. min.2 hrs. min.2 hrs. min.2 hrs. min.2 hrs. .4 o ($24.00) ($32.00) ($40.00) ($60.00) ($80.00) i:::.::;:.>:.i :$::. .. Gi. .:::::%::: ::::i:>i::2:iiiii:::.:.M:C:. i t:;;;;::;:;;i::s;::;;::;;<:;::::;. ... �:� :'. '.":�:i::::::::::::::::::::::::::?::i::::::�..:0•��:T{J3.�t�:`:::Y:::i::#::#:2:i::::::::::3.. :: ::1131 : • .............. �:.:h1' : : .. ..;::;:: .. .;::::: : ::::::::»:: :;: :.:>.::. . ::::::::::>:::;3::>:::::: ::::::::><:>:>::T:t1111 :•::: '�::::::z :><:<:::::::::::«:>:: ,: «<::>::>::>:?:; > . 1 0 `0'`< <> `` 0 0^ $6.00/hour $8.00/hour $10.00/hour $15.00/hour $20.00/hour 0 � min.2 hrs. min.2 hrs. min.2 hrs. min.2 hrs. min.2 hrs. w c ($12.00) ($16.00) ($20.00) ($30.00) ($40.00) .• :.:�i ::< : : :: : : :j:::::+:":::<::::: : ::: :: :: :%::::::::::::::>::::::::{:::::{:»::::: :: :::::i:Jii: i: :L'•i:.i:.'r::i:.::.::i..iii:v:Si': ::::::::i::')ji;{:;X'i':::i::i:•:•i:•iii?ii}i}iii 0 00.:::::::::::>::::::::>:::::<::::.;:.>: .::, :,.,::.;::::::::::::::::::>:<:ii.i:::::::::::::: 4•:: ::::>:<::::::::::::::::<:::u..:,:ii:;::::::<:::. $ : :,::. • :::::::::::::::>:::::;•;.::: �: :::::::<:::::::>::>:::>::::::::<:::::::::: .:............................... <#ISO.:::::::::::::::::..:::::: :.:.... :.;:.:.::.;:;;.»:.:i: RESTRICTED USE RESTRICTED USE RESTRICTED USE RESTRICTED USE RESTRICTED USE d w $40.00(1st 4 hrs) $80.00(1st 4 hrs) $100.00(1st 4 hrs) z Charge for Charge for $10.00 each add'l hr. $20.00 each add'1 hr. $25.00 each add'l hr. U x AV Technician AV Technician Charge for Charge for Charge for v if required. if required. AV Technician AV Technician AV Technician if required. if required. if required. *Users will be charged for building personnel Monday-Friday 7:00 a.m.-4:30 p.m. services for weekend use. Evenings 4:30 p.m.- 10:00 p.m.and weekends Rev:2/18/94 meeting/CR prices Attachment II City Center Room Rental Fee Structure (continued) COMMUNITY COMMUNITY COMMUNITY NON COMMUNITY NON COMMUNITY GROUP I GROUP II GROUP III GROUP I GROUP II *Available *Available *Available *Available *Available Sevenings only evenings only evenings only evenings only evenings only a >:.<::::: :...:....:::::::.:ig•::.;::::::...::>::>:>»:: :'>:: :::: :<. > <:::>:::>::>::: <:> ;: ::::: : >::..> :::: >::>:::::.>:::::::<::>:: .:.:: ::OQ::::1 : € i <' >MA:::N:4114 i C7 Restricted Use Q d;;;;;;;;;.:a;;;;;;:a::;;;;;;;.•;>;» $48.00(1st 4 hrs) $60.00(1st 4hrs) $70.00(1st 4 hrs) $100.00(1st 4 hrs) $12.00 each add'l hr $20.00 each add'l hr $25.00 each add'.hr $15.00 each addl hr *The Garden Room is not available 9:00-3:00,Monday-Friday. Monday-Friday,7:00 a.m.-4:30 p.m. Evenings 4:30 p.m.- 10:00 p.m. and weekends GARDEN ROOM SLIDING SCALE: The rate charged for Community Group II users will be based on a one hour reduction in room rental charge with every $50 of food purchased. (exclusive of tax and service charge) Community Group u $400 and above No Charge $350-$399 $35.00 $300-$349 $70.00 $260-$299 $105.00 Below$260 $140.00 **Users will be charged for building personnel services for weekend use. Rev:2/25/94 Special Use Facilities Prices 612-929-6166 DECISION RESOURCES 383 P02 MAR 17 '94 14:22 City of Eden Prairie City Offices 8080 Mitchell Road • Eden Prairie, MN 553444485 Phone(812)949-8300 - TOD(812)949-8399 - Fax(612)949-8390 Bello, I'm of Decision Resources, Ltd., a polling firm located in Minneapolis. We've been retained by the City of Eden Prairie to speak with a random sample of users that have rented meeting rooms at the Eden Prairie City Center. The census is being taken because Eden Prairie City representatives and staff are interested in your opinions and suggestions. I want to assure you that all individual responses will be held strictly confidential; only summaries of the entire sample will be reported. (DO NOT PAUSE) 1. How many times have you or your group used a meeting room at the City Center since January 1, 1994? ONE OR TWO TilViES 4, ? 'o THREE TO FIVE TIKES a SIX TO TEN TIMES 6 4570 ELEVEN TO TWENTY TIMES DONT KNOW/REFUSED 2• How would you rate meeting rooms at the City Center -- excellent, good, only fair, or poor? EXCELLENT c5 6 'Z CIOQD 1 'o ONLY FAIR 6 ®Jo POOR DONT KNOW/REFUSED IF RATING IS GIVEN, ASK: 3. Why do you feel that way? (record answer) //`%) .�610,06. ! ?2, ylo ell.- i G'7a AOX // % .: 612-929-6166 DECISION RESOURCES 383 P03 MAR 17 '94 14:22 tDEN PRAIRIE 074 P03 MAR 10 '94 17:18 4- In general, were you satisfied or dissatisfied with the meeting rooms at the City Center? SATISFIED /DD"lo DISSATISFIED DONT KNOW/REFUSED IF "DISSATISFIED," ASK: 5• Why were you dissatisfied? (record answer) 6• From what you know, how would you evaluate the fees associated with the meetings rooms at the City Center compared with other facilities of similar design? EXCELL 1VT j! `970 GOCD6 4)/o ONLY FAIR a.a°Jo POOR `moo DONT KNOW/REFUSED 4,, `lo IF RESPONSE IS "ONLY FAIR"OR "POOR,"ASK: 7• What part of the fee structure do you feel is in need of improvement? (record answer) That concludes our survey, thank you very much for your time. 8 R. Gender (DO NOT ASK) MALE c9 g % FEMALE 7 0`- 'Po Year-to-date Report of City Center Meeting Rooms Usage March 18, 1994 FACILITY USE SUMMARY BY AREA GROUP CLASSICATION SPACE 1 2 3 4 5 6 7 8 9 10 TOTAL %TOTAL COUNCIL CHAMBER 464 0 0 42 0 4 0 0 0 0 510 13.6 GARDEN ROOM 240 28 5 0 3 172 85 7 12 0 552 14.7 GUEST DINING 0 0 0 0 0 0 0 0 0 0 0 0.0 TRAINING ROOM 128 2 0 5 0 3 0 0 0 0 138 3.7 HERITAGE ROOM 1563 2 34 35 2 68 6 97 77 0 1,884 50.1 - PRAIRIE ROOM 673 0 0 3 0 0 0 0 0 0 676 18.0 O 0 0 0 0 0 0 0 0 0 0 0.0 O 0 0 0 0 0 0 0 0 0 0 0.0 O 0 0 0 0 0 0 0 0 0 0 0.0 O - 0 0 0 0 0 0 0 0 0 0 0.0 O 0 0 0 0 0 0 0 0 0 0 0.0 O - 0 0 0 0 0 0 0 0 0 0 0.0 TOTAL 3068 32 39 85 5 247 91 104 89 0 3,760 100.0 GROUP CLASSICATION CODE 1 CITY 2 CG I - C.H. ROBINSON 3 CG I - EDUC. CTR. 4 CG I - SW METRO 5 CG I - PROP HISTORIC 6 CG II 7 CG III - RESIDENT 8 CG III - BUSINESS 9 NCG I 10 NCG II SPACE SUMMARY - COUNCIL CHAMBE GROUP CLASS HOURS PERCENT CITY 464 91 . 0 CG I - SW METRO 42 8 . 2 CG II 4 0 . 8 TOTAL 510 100 . 0 SPACE SUMMARY - GARDEN ROOM GROUP CLASS - HOURS PERCENT CITY 240 43 . 5 CG I - C . H . ROBINSON 28 5 . 1 CG I - EDUC . CTR. 5 0 . 9 CG I - PROP HISTORIC 3 0 . 5 CG II 172 31 . 2 CG III - RESIDENT 85 15 . 4 CG III - BUSINESS 7 - 1 . 3 NCG I 12 2 . 2 TOTAL 552 100 . 0 SPACE SUMMARY - HERITAGE ROOM GROUP CLASS HOURS PERCENT CITY 1563 83 . 0 CG I - C . H . ROBINSON 2 0 . 1 CG I - EDUC . CTR. 34 1 . 8 CG I - SW METRO 35 1 . 9 CG I - PROP HISTORIC 2 0 . 1 CG II 68 3 . 6 CG III - RESIDENT 6 0 . 3 CG III - BUSINESS 97 5 . 1 NCG I 77 4 . 1 TOTAL 1884 100 . 0 SPACE SUMMARY - PRAIRIE ROOM GROUP CLASS , - HOURS PERCENT CITY 673 99 . 6 CG I - SW METRO 3 0 . 4 TOTAL 676 100 . 0 SPACE SUMMARY - TRAINING ROOM GROUP CLASS HOURS PERCENT CITY 128 92 . 8 CG I - C . H . ROBINSON 2 1 . 4 CG I - SW METRO 5 3 . 6 CG II 3 2 . 2 • TOTAL 138 100 . 0 • • • **MEMO** To : Eden Prairie City Council From: Eden Prairie Lioness Club Date: March 18, 1994 Subject : Room Rental Fees at City Center The Eden Prairie Lioness, a non profit organization, has been committed to the city of Eden Prairie since it ' s inception in 1974. In the past five years the Eden Prairie Lioness have given Twenty-Seven Thousand Dollars to the Staring Lake Amphitheatre project . The membership has recently voted to continue giving seventy-five percent of our funds back to the community of Eden Prairie. The Board of Directors recommends a new category be named in the room rental fee structure for a non-profit service organization who has donated at least seventy-five percent of it ' s funds back to the community. Organizations in this category should be charged no rental fee for use of meeting facilities at the City Center . Thank you for your consideration of this matter . rffaher' FUNERAL HOME 3-21-1994 Mr. Chris Enger City of Eden Prairie 7600 Executive Drive Eden Prairie, MN. 55344 Dear Mr. Enger, With this letter, we would like to request a two week continuance of our appearance before the city council. The meeting that we are scheduled on the agenda is March 22, 1994 at 7:30 P.M. With the two week continuance, it would be my understanding that we would be rescheduled to appear before the city council on April 5, 1994 at 7:30 P.M. If this is not the case, please contact me at the number listed below. We are requesting this continuance due to our need for more time to make revisions of our plans for our propossed funeral home in Eden Prairie. Some of those revisions will most likely require some of your staff time, of which we will be in contact with you to schedule. I would appreciate it if you would be so kind as to notify the appropriate people within the city offices of our request for the two week continuance. Thank you very much for all of your time spent with us in our meeting on Tuesday, March 15. The manner in which you conducted that meeting was very much appreciated by all of us at Huber Funeral Home. Sincerely, g.../ Paul F. Huber 520 SECOND STREET • EXCELSIOR, MINNESOTA 55331 • PHONE (612) 474-9595