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City Council - 04/05/1994
AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 5, 1994 7:30 PM, CITY CENTER 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 PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM M. MINUTES A. JOINT CITY COUNCIL. PLANNING COMNIISSION, AND HUMAN RIGHTS & SERVICES COMMISSION MEETING HELD TUESDAY, MARCH 22, 1994 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 22, 1994 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION APPROVING FINAL PLAT FOR BEARPATH 3RD ADDITION, WITHIN THE BEARPATH PUD C. APPROVE RESOLUTION REQUESTING CSAH 1 SPEED STUDY D. RESOLUTION APPROVING FINAL PLAT FOR BEARPATH TRAIL ADDITION, WITHIN THE BEARPATH PUD E. RESOLUTION APPROVING FINAL PLAT FOR BILL KINNEY SUBDIVISION (LOCATED SOUTH OF HIGHWAY 5 ALONG WESTERN SHORELINE OF MITCHELL LAKE) City Council Agenda Tuesday, April 5, 1994 Page Two F. PARTIAL RELEASE OF SPECIAL ASSESSMENT AGREEMENT WITHIN WINDFIELD ADDITIONS 1 THROUGH 3 G. RELEASE OF SPECIAL ASSESSMENT AGREEMENTS FOR JAME.STOWN, JAMFSTOWN VILLAS AND BLUFSTEM RIDGE 2ND ADDITION H. APPROVE RESOLUTION REGARDING HENNEPIN COUNTY AUTHORITY CROSSING AT BEARPATH I. APPROVE CHANGE ORDER NO. 1 AND NO. 2 FOR BAKER ROAD WATER TANK PAINTING, I.C. 93-5335 J. APPROVE CHANGE ORDER NO. 1 FOR DELL ROAD, I.C. 52-160 K. KOHL'S DEPARTMENT STORE by Homart Development. 2nd Reading of an Ordinance for PUD District Review on 75 acres and Zoning District Amendment in the C-Regional Service Center Zoning District; Adoption of a Resolution Approving Site Plan Review for Kohl's Department Store and Approval of a Developer's Agreement for Kohl's by Homart Development. Location: Dell Road and Highway 5. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) L. PARTICIPATION IN 1994/95 1VONNESOTA CITIES PARTICIPATION PROGRAM (MCPP) (Resolution) M. RESOLUTION SETTING MAY 17, 1994 AS THE SALE DATE FOR VARIOUS REFUNDING BONDS V. PUBLIC HEARINGS/MEETINGS A. 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 amending Chapter 11) Continued from March 22, 1994 B. TOBACCO REGULATIONS (Continued from March 22, 1994) C. RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL D. JOYLAND by David Kraemer. Request for Zoning District Change from Rural to R1-13.5 on 2.54 acres and Preliminary Plat on 2.54 acres for three single family lots and road right-of-way. Location: 14506 Staring Lake Parkway. (Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) City Council Agenda Tuesday, April 5, 1994 Page Three E. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres, Zoning District Change from Rural to R1-13.5 on 4.93 acres and Preliminary Plat on 4.93 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. (Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential, Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) F. PIONEER RIDGE by R. H. Development, Inc. Request for Zoning District Change from Rural to R1-13.5 on 6.9 acres and Preliminary Plat on 6.9 acres for 16 single family lots. Location: Mitchell Road and Pioneer Trail. (Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) G. RICHARD THOMPSON ADDITION by Richard Thompson. Request for Preliminary Plat on 1.4383 acres for 2 lots. Location: 6387 Craig Drive. (Resolution for Preliminary Plat) 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 BOARDSL COMNIISSIONS & COMMITTEES X. APPOINTMENTS A. APPOINTMENT OF TWO COUNCILMEMBERS TO HOUSING AND SOCIAL SERVICES STUDY GROUP RI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES City Council Agenda Tuesday, April 5, 1994 Page Four D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Resolution Awarding Contract for 1994 City Street Striping. I.C. 94-5354 2. Resolution Awarding Contract for 1994 Fire Hydrant Painting, I.C. 94- 5355 F. REPORT OF CITY ATTORNEY G. REPORT OF FINANCE DIRECTOR XII. OTHER BUSINESS XIII. ADJOURNMENT MINUTES EDEN PRAIRIE CITY COUNCIL JOINT MEETING WITH PLANNING AND HUMAN RIGHTS & SERVICES COMMISSIONS TUESDAY, MARCH 22, 1994 6:00 PM CITY CENTER Council Chamber -- 8080 Mitchell Road COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson Jean Harris, H. Martin Jessen, and Patricia Pidcock HUMAN RIGHTS & SERVICES COMMISSION: Bette Anderson, Jim Biwer, Peg DuBord, Dacia Henderson, Peter G. Iversen William Jackson, Lucy Morrisey, Judy Schuck, Linda Senes, Ross Thorfinnson, jr PLANNING COMMISSION: Timothy J. Bauer, Kenneth Clinton, Randy Foote, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner, Lisa-Marie Gualtieri CITY COUNCIL STAFF: Asst. to City Manager Craig Dawson, Community Development Director Chris Enger, Planner David Lindahl, Intern Willie Carlton ROLL CALL: All members were present except Biwer and Gualtieri. CALL TO ORDER: Mayor Tenpas called the meeting to order at 6:05 p.m. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The agenda was accepted as prepared. II. ITEMS FOR DISCUSSION A. HOUSING Tenpas explained the longstanding goals of the community in the area of housing. He summarized the initiatives in the Orfield bills and in bills introduced by the Independent Republican caucus. The latter bills include Eden Prairie as a pilot program in an integrated housing, transportation, social service, and work readiness initiative. City Council Minutes March 22, 1994 Joint Meeting Page 2 The City Council wanted Eden Prairie to be proactive in this area. It sought information about the impacts of these efforts on social services, education, and transportation. Harris noted a need to encourage social services to be available in Eden Prairie. In housing, there needed to be a diversity of style and price. Pidcock stated that existing housing needs to be affordable; keeping taxes as low as possible would help affordability, especially for persons on fixed incomes. She also said that the financial impact of new environmental rules needs to be identified. Enger summarized the City's activities with the Metropolitan Council, and the Hennepin County HRA. There was underlying agreement that scattered-site approaches were best. The pilot program in proposed legislation islation would link housing e in r job training with persons holding jobs in the area or who were programs (HTC was interested in working with some aspect of job training needs). Affordable daycare should also be addressed. This pilot program, if it provided 50 units for low-income households, would cost $1.5 million. Other partnerships include Southwest Metro's reverse-commute and Job Fair services. Jessen thought the City should look at incentives. Could City fees be waived if housing performance standards are met? Can development standards be lessened (e.g., requirements for curb & gutter with streets, landscaping/trees)? Pidcock and Anderson believed that a goal should be added: the City should look at ways to help senior citizens remain in their homes. Other points/ideas during discussion: City/commissions are not helping affordability by removing units from residential developments--more units lower per-unit costs. Less is not necessarily better. Need to have housing for transition from assisted housing to market-rate housing. This is not really available in Eden Prairie, so residents are transitioning out of EP. Scattered-site approach should be the goal. Avoid anything which would identify units as assisted housing. Would it make more sense to have the same funds given to rent subsidies be applied to purchase subsidies? City should allow/encourage greater housing diversity, and to convert other dense land uses to housing. Is there something to encourage or require a range of price in housing with approval of a development proposal? City Council Minutes March 22, 1994 Joint Meeting Page 3 There needs to be a statement of commitment from the City and these commissions on housing diversity, and these bodies need to stick together and fight for these values. The City should look into budgeting rent subsidies into the 1995 budget. This could be contingent upon partnerships with business leaders to link jobs and services to housing. Anderson believed that some study group or task force should be constituted which included two Councilmembers, two members from the Planning Commission, two members from the Human Rights & Services Commission, and one member from the Park, Recreation, and Natural Resources Commission. He planned to add this item to tonight's Council meeting agenda. B. PRAIRIE RIDER Basil Wissner, president of Triad Transportation, made a presentation about his company's four-month experience in operating the Prairie Rider program. He was unable to continue the program due to financial performance. He advocated that the City should operate the program (perhaps with volunteer drivers), due to his belief that there is a demonstrated need for this type of transportation service in Eden Prairie. Tenpas asked the Commissions to look into this issue and noted the urgency for the Council to receive their recommendations. III. ADJOURNMENT The meeting was adjourned at 7:20 p.m. Ifem MINUTES 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 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 7:34 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Anderson added item XI.A.1.,, Reconvene Housing Task Force; item XI.A.2., Speed Limits on County Road 1,. Harris added item XI.A.3., Response to Communication from Met Council regarding 800 MHz Emergency Communication System. Jessen added item XI.A.4., Policy Regarding Take-home Automobiles. Tenpas added item XI.A.5., Firefighters" Pension. Dawson added item IV.K., Resolution #94-36. Approving Final Plat for Bent Creek Woods; item XI.D.1., Update on Property Negotiations regarding Marketcenter. Dawson also noted that the City Attorney has requested a closed session following the regular meeting to discuss litigation. MOTION: Pidcock moved, seconded by Harris, to approve the agenda as submitted and amended. Motion carried unanimously. II. OPEN PODIUM There were no presentations made during this portion of the meeting. III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MARCH 8, 1994 MOTION: Anderson moved, seconded by Pidcock, to approve the minutes of the March 8, 1994, meeting as submitted. Motion carried with Harris abstaining. City Council Minutes 2 March 22, 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 #7-94-PUD-1-94, PUD District Review and Rezoning from Rural to RM-6.5, Rezoning from Rural to R1-13.5, Rezoning from Rural to R1-9.5) D. CHANGE ORDER NO. 2 FOR HVAC IMPROVEMENTS AT THE COMMUNITY CENTER SWIMMING POOL E. RESOLUTION #94-31, APPROVING FINAL PLAT FOR BEARPATH SECOND ADDITION F. RESOLUTION #94-32. APPROVING FINAL PLAT FOR BEARPATH TOWNHOMES G. RESOLUTION#94-33. AWARDING CONTRACT FOR 1994 STREET SWEEPING. I.C. 94-5346 H. CONVEYANCE BY QUIT CLAIM DEED -RIGHT-OF-WAY FOR SCHOOL ROAD TO ISD 272 I. RESOLUTION #94-34. APPROVE PLANS AND SPECS FOR DELL ROAD BETWEEN CSAH 1 AND SCENIC HEIGHTS ROAD I.C. 93-5312 J. RESOLUTION#94-35. ADOPTING "NO-PARKING" FOR SEGMENT OF DELL ROAD BETWEEN CSAH 1 AND SCENIC HEIGHTS ROAD I.C. 93-5312 K. RESOLUTION #94-36, APPROVING FINAL PLAT FOR BENT CREEK WOODS Regarding Item I, Jessen questioned whether the street and boulevard were included in the plans and specifications per the Council's instructions. Gray said that these plans do not include the final landscaping details which are still being worked out and that they will bring back a more detailed plan with landscaping details at a later meeting. Gray said that $30,000 is proposed as a budget for the landscaping and that a portion of state aid funds will be used. MOTION: Harris moved, seconded by Pidcock, to approve items A. - K. of the Consent Calendar as presented. Motion carried unanimously. City Council Minutes 3 March 22, 1994 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. Location: East side of Eden Prairie Center. (Resolution for PUD Concept, 1st Reading of Ordinance for PUD District Review and Zoning District Amendment in the C-Regional Service Center Zoning District) Paul Austin, representing Homart Development, reviewed the proposal and introduced the development team. He said they plan to begin construction in April. At 7:50 p.m. Mayor Tenpas turned the Chair over to Acting Mayor Anderson. Councilmembers expressed concern about the waivers required for the exterior building materials and the possibility that lowering the standards for this project might set a precedent for other projects in the Major Center Area. Councilmembers also questioned what the future expansion plans are for the shopping center and if the expansion would be near this project. Austin said a future store is planned that would, in effect, eliminate the back wall of Kohl's, thereby leaving only one wall with rock-faced block material exposed. There were no comments from the audience. MOTION: Harris moved, seconded by Jessen, to close the public hearing, adopt Resolution #94-38 approving PUD Concept on 75 acres, approve first reading of an ordinance for PUD District Review on 75 acres with waivers for exterior building materials, and Zoning District Amendment in the C-Regional Service Center Zoning District, and directing Staff to prepare a development agreement incorporating Council, Commission, and Staff concerns. Motion carried unanimously. 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 I-2 Park Zoning District and Zoning Code Amendment) Dawson said proponents have requested a two-week continuance. Mayor Tenpas resumed the Chair at 8:15 p.m. MOTION: Jessen moved, seconded by Pidcock, to continue the public hearing to the April 5, 1994 meeting. Motion carried unanimously. C. RESOLUTION #93-37, ORDER IMPROVEMENTS AND PREPARE PLANS AND SPECIFICATIONS FOR WEST 82ND STREET. I.C. 93-5341 Gray reviewed the proposed assessments for the improvements to West 82nd Street, noting that City Council Minutes 4 March 22, 1994 the Feasibility Study for the project was reviewed by the Council on February 15, 1994. A subsequent review of the study revealed an error in the estimated amount for street construction resulting in costs that are now lower than originally reported. Gray said that four of the five property owners involved are opposed to it Larry Martin, attorney for the four property owners opposed to the project, distributed a letter objecting to the project, noting that they object to the form of the assessments applied to the units and that they would prefer that access to the Centex project be provided through Cascade Drive or Dell Road rather than West 82nd Street. He said the street assessment does not take into consideration the improvements that currently exist there, and the existing private sewer and septic systems are quite new so the owners would probably not want to hook up to the sewer and water at the end of the five year levy postponement He also said that they are concerned about the approval process for the Centex project since these four property owners did not receive notice about how that project would impact West 82nd.. Councilmembers expressed concern about potential problems selling the properties with pending assessments for this project and about the property owners not receiving proper notification of the impact on their property of the Centex project. Gary Eckert, 18230 West 82nd Street, said the City told them they would have to pay for the existing road when they moved into the area. He said they paid $8,000 to $10,000 for the road, and their septic systems and wells cost an additional $10,000 to $15,000 for each property. He said they believe Centex alone should pay for the improvements. Dan Blake, representing Centex Homes, said that they have started grading in the area and that the final plat for the project was approved sometime in the last month. Gray suggested that the costs for the sewer and water portion of the project could be carried by the City until such time as the lots are subdivided or are hooked up to sewer and water. He said this would appear as supplemental information on the property rather than as a pending assessment for the utilities. Martin said the property owners would agree to the portion of the assessment for the street improvements if they were given a $2,000 per lot credit for their investment in the current road, thereby reducing the total assessment per lot for the street improvements to about $4,000. Councilmembers questioned why the City had asked the homeowners to pay for the road in the first place. Gray responded because this was an undeveloped area and the farm property to the south could not use the road at that time. MOTION: lessen moved, seconded by Harris, to close the public hearing. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock to adopt Resolution #94-37, ordering preparation of detailed plans and specifications for West 82nd Street. Motion carried unanimously. City Council Minutes 5 March 22, 1994 MOTION: lessen moved, seconded by Harris, to note that the sense of the City Council is that the current property owners will be assessed the one lot unit rate for the street improvements and that there will be no assessment at this time for the sewer and water utilities for those properties to the north of West 82nd Street. Motion carried unanimously. D. SIGN CODE DISCUSSION (Continued from March 8, 1994) Enger noted that this item was continued to allow time for all interested groups to be notified of the Public Hearing. He said the Staff has presented the background information and issues to be considered in the staff memorandum of March 3, 1994. Bill Gerst, Minneapolis Area Association of Realtors, said the association's policy is to ask the local realtors to follow the local ordinances regarding signs. He said the primary concern is for Open House signs. Phil Olson, 18543 Harrogate Drive, said he is in favor of Option 4 as a compromise. Dan Blake, representing Centex Homes, said they would concur with Option 4; however, he said there needs to be a commitment to enforce the ordinances that exist, and he thought some kind of permitting process might make sense. Mary Hawks, Centex Homes, said she thought that the discussion at the last meeting resulted in an agreement to change Option 4 to allow the Project Sign Number to be 5 signs per unit up to 15, and that T-stake signs would be allowed. Bill Byrnes, 9189 LaRivier Court, said he thought Option 3 would be preferable and that the City should assess a 0.1 % permit fee for signs. He said the signs allowed should only announce an open house and not advertise a particular realtor. MOTION: Harris moved, seconded by Pidcock, to close the public hearing. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to direct Staff to proceed with the development of Sign Code regulations based on Option 4 of the Staff Memorandum and to return to Council with their recommendations. During discussion of the motion, it was suggested that the time allowed for sign placement be changed to 6:00 PM Friday to 6:00 AM Monday. VOTE ON THE MOTION: Motion carried unanimously. E. TOBACCO REGULATIONS Dawson said that notices of the hearing were inadvertently not sent out, so Staff is recommending a two-week continuance. City Council Minutes 6 March 22, 1994 Anderson expressed concern that he had informed residents who are interested in this item that it would be considered at tonight's meeting because he was not informed that the notices were not sent. MOTION: Jessen moved, seconded by Pidcock, to continue the public hearing to the April 5, 1994 meeting. Motion carried unanimously. VI. PAYMENT OF CLAIMS Pidcock asked Staff to provide her with information on Items 19540, 19559 and 19848. MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII.PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST BY GERTEN FARM MARKET II FOR COUNCIL TO REVIEW BOARD OF ADJUSTMENTS & APPEALS DECISION TO DENY VARIANCE Staff recommended that this request by set for the April 5, 1994 meeting. MOTION: Harris moved, seconded by Tenpas, to continue the request to the April 5, 1994 meeting. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Reconvene Housing Task Force Anderson said he thought the task force should be reconvened in order to investigate the needs for low income housing in the community and to determine what methods are available to meet those needs. He said the subjects of transportation and medical care for low-income individuals will probably enter into the discussions of the task force. Councilmembers discussed what the composition of the task force should be and whether an existing body such as C.N.A.R.C. could be assigned the task. MOTION: Anderson moved, seconded by Harris, to set up a task force to study issues of housing, transportation and medical care for low-income individuals, with the task force City Council Minutes 7 March 22, 1994 to be made up of two members from the Council, two members from the Planning Commission, two members from the Human Rights & Services Commission and one member from the Park, Recreation and Natural Resources Commission. Motion carried unanimously. 2. Speed Limits on County Road 1 Anderson said he thought we need to pursue the issue of lowering speed limits on County Road 1. Jullie said the process will involve adopting a resolution and presenting a petition to the Hennepin County Commissioners. 3. Response to Communication from the Met Council regarding 800 MHz Emergency Communication System Harris asked what the response will be to the communications from the Met Council. 4. Policy Regarding Take-home Automobiles Jessen asked for a response to his question at the March 8th meeting regarding the number of take-home vehicles. Jullie said there are five. Jessen then asked how many individuals on Staff have a car allowance. Jullie replied that the department heads receive such an allowance. 5. Firefighters' Pension Tenpas said he was concerned that the State has denied our request to increase the fund even though we are not asking for funds from the State. He said he thought the Legal Staff should investigate the State's denial, and we should send a strong letter to the Attorney General expressing our dismay at the denial. B. REPORT OF CITY MANAGER 1. Discussion on Rental Fees for City Center Facilities (Continued from March 8, 1994) Jullie noted that the survey requested by the Council of groups that have used the facilities showed that the respondents were generally satisfied with the facilities and the current policies on their use. Councilmembers discussed the advantages of having the room rental charge included with the charges for food service and the possibility of adding retractable walls in the Garden Room so that facility could better accommodate small groups. Jullie said we would have to look at the figures in order to determine if it would work out; however, it would allow more flexibility and we might then be able to have the food service take care of the room set-up and take-down. City Council Minutes 8 March 22, 1994 MOTION: Jessen moved, seconded by Tenpas, to direct Staff to modify the City Center Room Rental Fee Structure in order to incorporate the cost of a room rental charge into the food service charge. Motion carried unanimously. C. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Update on Property Negotiations regarding Marketcenter Enger said they have received an offer from Centrum for the construction of three restaurants and specialty retail on the Marketcenter 2nd Addition site. He said the price offered is consistent with the Council's goal of recovering all City costs in the project. MOTION: Anderson moved, seconded by Pidcock, to authorize Staff to enter into an agreement with Centrum for the sale of the 5.5-acre Marketcenter 2nd Addition site. Motion carried unanimously. XII. OTHER BUSINESS XIII.ADJOUR1NMENT MOTION TO ADJOURN: Jessen moved, seconded by Pidcock, to adjourn the meeting. Mayor Tenpas adjourned the meeting at 10:30 P.M. DATE: er3 CITY COUNCIL AGENDA eden prairie SECTION: Consent Calendar 4-5-94 , 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 Copeland Mithun Inc. Boedeker Plumbing & Heating KM Building Company of Minneapolis Burgess Plumbing & Heating Donahue Mechanical PLUMBING Lindemeier Service One Way Building Service, Inc. Boedeker Plumbing & Heating Burgess Plumbing & Heating REFUSE HAULERS Commercial Plumbing & Heating Doug's Plumbing _ Aagard Sanitation General Plumbing & Heating, Inc. R & W Roll Off Service, Inc. H & H Plumbing Oak Grove Mechanical CIGARETTE Pro Plumb, Inc. Lee Stull Plumbing Gateway Foods/Rainbow Foods Target Store - Eden Prairie GAS FITTER • Total Mart III • Boedeker Plumbing & Heating TYPE B FOOD Burgess Plumbing & Heating Commercial Plumbing & Heating Target Store - Eden Prairie General Plumbing & Heating Total Mart III H & H Plumbing Donahue Mechanical 3.2 BEER OFF SALE Lindemeier Service One Way Building Service, Inc. Gateway Foods/Rainbow Foods SEPTIC SYSTEMS Swedlund Septic Systems Action/Direction: 4-5-94 page 1 DATE: April 5, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: fy2 (3 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval for Bearpath Third Addition Jeffrey Johnson Recommended Action: Staff recommends that City Council adopt the resolution approving the final plat for Bearpath Third Addition with the following conditions: • Final utility and street plans for Phase III should be approved by the City Engineer prior to release of the final plat. • Satisfaction of bonding requirements for installation of all public utilities. • Receipt of engineering fee in the amount of $680 Overview: This proposal is Phase III of the Bearpath PUD consisting of an additional 17 single family lots and 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 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. - ' 43• I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH THIRD ADDITION WHEREAS, the plat of Bearpath Third 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 Third Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 30, 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 April 5, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. 7Ti /3. Z- DATE: April 5, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: L, e, SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Resolution requesting Speed Study for CSAH 1 Alan D. Gray Recommended Action: Approve resolution for request of Speed Study for CSAH 1 Overview: A resolution approved by Council is the required format for speed study requests on the Hennepin County system. Item No. z . e, / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING SPEED STUDY FOR PIONEER TRAIL (CSAH 1) FROM CSAH 18 TO THE WEST CORPORATE LIMIT WHEREAS, CSAH 1 in Eden Prairie was designed and constructed at a time when the entire area was rural in character; WHEREAS, the rapid growth in Eden Prairie has resulted in a major transformation of the land uses along CSAH 1 to urban uses; WHEREAS, the posted speed limit for the roadway has remained unchanged throughout this urbanization process; and WHEREAS, the speed limit on Pioneer Trail in Carver County is posted at 45 mph. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Hennepin County Department of Transportation is hereby requested to initiate appropriate safety and speed studies for CSAH 1 with the specific intent of lowering the speed limit to an urbanized standard in a portion of or throughout Eden Prairie. ADOPTED by the Eden Prairie City Council on April 5, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk r. c? Z DATE: April 5, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: Q. D sECTioN: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat for Bearpath Trail Addition Jeffrey Johnson Recommended Action: Recommend the City Council adopt the resolution approving the final plat of Bearpath Trail Addition with the following conditions: • Receipt of engineering fee in the amount of$250 • Completion of amendment to the Bearpath Open Space Agreement to reflect the new lot configuration for Lots 1 and 2 of Block 1 • Completion of the vacation of underlying drainage and utility easements within Block 2 Overview: This proposal is a reconfiguration of eight lots within the Bearpath First Addition to provide for additional flexibility in the siting of structures within these lots. Because of the reconfiguring of the lot lines within Block 2, it will be necessary to vacate the existing underlying drainage and utility easements. JJ:ssa cc: John Vogelbacher, Bearpath Development Joel Cooper, James R. Hill Engineering Item No. gr.• c) • I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH TRAIL ADDITION WHEREAS, the plat of Bearpath Trail 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 Trail Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 30, 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 April 5, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. Jar. D' DATE: April 5, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: } . if SECTrON: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval for Kinney Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Kinney Addition subject to the following conditions: 1. The 20-foot easement corridor for public utilities should be extended 15 feet to the north into Lot 3 to accommodate the proposed sanitary sewer manhole. 2. Receipt of warranty deed for Outlot A for trail purposes. 3. Receipt of street sign fee in the amount of$150. 4. Receipt of engineering fee in the amount of $250. 5. Satisfaction of bonding requirements for the installation of public improvements. Overview: This project consists of the development of Mr. Kinney's 3.6-acre homestead located on the south side of Highway 5 and the western shore of Mitchell Lake, into three single family lots. The preliminary plat was approved by the City Council February 2, 1993. The property was previously rezoned R1-13.5 and R1-22 as part of the Shores of Mitchell Lake Planned Unit Development. JJ:ssa cc: Bill Kinney Ron Krueger & Associates Item No. • E• CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF KINNEY ADDITION WHEREAS, the plat of Kinney 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 Kinney Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 30, 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 April 5, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • j", Z Item No. D sk.FORM.FINAL-PL.PRO 1 CITY OF EDEN PRAIRIE APPLICATION FOR FINAL PLAT APPROVAL PLAT NAME . j`/ 1� /.ICI N 6 g s!J l v l_S I o iv( APPLICANT 0i y ADDRESS 78S7 '/1A-44 Q Qc K ` i 9 TELEPHONE 93 7-sr_s-7) CITY/STATE/ZIP e eRPti P 1 E 53 +7 FEE OWNER f 1J Ik Z3i (r L I 1 ADDRESS SAw 4S ,ov C CITY/STATE/ZIP SURVEYOR Po N G)u 66 E R °f A 5 s cDG . ADDRESS / J/M./I- /it("us 74h!a / e /v 01 CITY/STATE/ZIP Ai A 5 S�.3 City Council meetings are normally scheduled the 1st and 3rd Tuesday of every month. All material necessary for the Engineering Division to process this request must be provided at least 14 days prior to the meeting for which approval is requested. City Council action is requested on 4 (date) The undersigned representative of the application hereby certifies that he is familiar with the procedural requirements of Chapter 12 of the City Code and acknowledges that all required final plat fees, financial guaranties and certain Developer's Agreement requirements must be satisfied prior to City release of this plat. SIGNED BY DATE z Z -q REPRESENTING APPLICATION RECEIVED DATE • �l �, 3 • Dok:FORM.FINAI-PL.PRoz PARTIAL RELEAS E ASSESSMENT AGREEMENT FOR VALUABLE CONSIDERATION, the real property in Hennepin County, Minnesota, legally described as follows: Lots 1 through 9, Block 1; Lots 1 through 17, Block 2; Lots 1 through 14, Block 3; Lots 1 through 7, Block 4; and Lots 1 through 9, Block 5; of Windfield Addition. Also, Lots 1 through 3, Block 1; Lots 1 through 14, Block 2; Lots 1 through 13, Block 3 of Windfield 2nd Addition. Also, Lots 1 through 11, Block 1; Lots 1 through 18, Block 2; Lots 1 through 3, Block 3; Lots 1 through 13, Block 4; Lots 1 through 6, Block 5; Lots 1 through 6, Block 6; Lots 1 and 2, Block 7; and Lots 1 through 6, Block 8 of Windfield 3rd Addition. All property described above lies within Eden Prairie, Hennepin County, Minnesota. The above described property is hereby released from the Assessment Agreement dated March 2, 1992 between the City of Eden Prairie, a municipal corporation of the State of Minnesota and Windfield Limited Partnership, a Minnesota limited partnership and filed for record as Document No. 2255730 in the Office of the Registrar of Titles of Hennepin County, Minnesota. CITY OF EDEN PRAIRIE By: Its: Mayor By: Its: City Manager STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 1994 by Douglas B. Tenpas and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota on behalf of said municipal corporation. Notary Public This instrument was drafted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 • . /1G . / / RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated November 15, 1991, was executed by and between the City, and David Nelson which Agreement was filed as Document No. 5862157 with the Hennepin County Recorder on January 7, 1992. The Agreement related to the property described therein as: Lots 1 through 3, Block 1; and Lot 1, Block 2; Bluestem Ridge 2nd Addition, Hennepin County, Minnesota. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated November 15, 1991 filed with the Registrar of Titles as Document No. 5862157 on January 7, 1992. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Douglas B. Tenpas Carl J. Jullie Its Mayor Its City Manager • L72. cam, / STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 1994, by Douglas B. Tenpas and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. NotaryPublic c THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 • • L C; z RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated December 17, 1991, was executed by and between the City, and Tandem Properties, Inc., a Minnesota Partnership and the Rottlund Company, a Minnesota corporation which Agreement was filed as Document No. 5874900 with the Hennepin County Recorder on February 7, 1992. The Agreement related to the property described therein as: Lots 1 through 9, Block 1; Jamestown Villas (formerly Outlot B, Jamestown of Eden Prairie), Hennepin County, Minnesota. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated December 17, 1991 filed with the Registrar of Titles as Document No. 5874900 on February 7, 1992. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Douglas B. Tenpas Carl J. Jullie Its Mayor Its City Manager • �, l77. STATE OF MINNESOTA ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 1994, by Douglas B. Tenpas and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement")dated August 30, 1991, was executed by and between the City, and Tandem Properties, Inc., a Minnesota Partnership, which Agreement was filed as Document No. 5831262 with the Hennepin County Recorder on October 3, 1991. The Agreement related to the property described therein as: Lots 1 through 11, Block 1; Lots 1 through 12, Block 2; Lots 1 through 13, Block 3; and Outlots A, B, C, and D; Jamestown of Eden Prairie, Hennepin County, Minnesota. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated August 30, 1991 filed with the Registrar of Titles as Document No. 5831262 on October 3, 1991. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Douglas B. Tenpas Carl J. Jullie Its Mayor Its City Manager STATE OF MINNESOTA ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 1994, by Douglas B. Tenpas and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 DATE: April 5, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO:-TV N SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Resolution Assuming Responsibility for Utility and Transportation Alan D. Gray Infrastructure Crossing Hennepin County Regional Railroad Authority Property Recommended Action: Approve resolution Overview: The development of Bearpath Golf and Country Club requires the construction of several utility crossings and public and private street crossings of the Hennepin County Regional Railroad Authority Corridor. Permits are required from the Hennepin County Regional Railroad Authority for each of these utility and street crossings. HCRRA will not issue permits to private entities such as Bearpath Corporation. The public utility and public street crossings will be maintained by the City. The private street and pedestrian bridge crossings will be maintained by Bearpath Corporation. The City will be the permittee for these private facilities with HCRRA. The City will have a separate assessment agreement with Bearpath Corporation covering any future expenses the City might incur as a result of these permit conditions. Financial Issues: The City may be responsible for future costs to signalize public street crossings of the HCRRA Corridor in the event that light-rail transportation is implemented. Any future costs to modify the private pedestrian bridge or private road crossings of the HCRRA property will be the responsibility of Bearpath Corporation. Any financial responsibility of the City in these public crossings will be ensured by an assessment agreement with Bearpath Corporation. Item No. 2 t. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ASSUMING RESPONSIBILITY FOR ROADS, PEDESTRIAN BRIDGES, AND UTILITIES CROSSING EASEMENT ISSUED BY HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY FOR CROSSING OF CORRIDOR BY BEARPATH DEVELOPMENT WHEREAS, Sienna Corporation proposes to construct streets, utilities and pedestrian bridge improvements for the Bearpath Golf and Country Club Development across right-of-way administered by the Hennepin County Regional Railroad Authority (HCRRA) in the City of Eden Prairie; NOW, THEREFORE, BE IT RESOLVED, by the Eden Prairie City Council, that upon completion and acceptance of the improvements, the City of Eden Prairie will assume the responsibility for maintenance of the grade crossings and any and all costs of any crossing signals that may be required when any type of transportation improvement is implemented in the corridor; and BE IT FURTHER RESOLVED, that the City of Eden Prairie will be responsible for the terms of HCCRA Permits Numbers: 94-03 Bearpath Trail 94-08 Storm Sewer 94-04 Dell Road 94-09 Storm Sewer 94-05 Riley Lake Road 94-10 Storm Sewer 94-06 Pedestrian Bridge 94-11 Riley Lake Park Boat Launch Rd 94-07 Pedestrian Bridge ADOPTED by the City Council of the City of Eden Prairie on April 5, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk g-, f1. 2 • DATE: April 5, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: • r SECTION: Director of Public Works DEPARTMENT: ITEM DESCRIPTION: Public Works Change Order No. 1 and Change Order No. 2 Eugene A. Dietz • Baker Road Water Tank Painting Contract Proposed Action: Staff is recommending that the City Council approve Change Order No. 1 and Change Order No. 2 to the painting contract for the Baker Road Storage Tank and authorize the Director of Public Works to execute the change orders. These change orders were as follows: • Change Order No. 1 was in the amount of$6,750 for the purpose of adding the lettering at the top of the tank. • Change Order No. 2 was in the amount of $1,360 to sandblast the concrete foundation to provide for better paint adhesion. Overview: This work was actually completed in 1993, the contractor is just now invoicing the City for the work. Financial Issues: The change orders increase the original contract amount from $142,550 to $150,660. The cost for this work will be paid by the Water Utility Enterprise Fund. Item No. 2. .2 . / AEC ENGINEERING ENGINEERS INSPECTORS 511 Eleventh Avenue South Minneapolis,Minnesota 55415 Phone:1612)332-8905 Fax:1612)334-3101 CHANGE ORDER NO.2 PROJECT: Cleaning,repairing and painting 2.0 MMG Steel DATE: February 14,1994 Water Reservoir,Baker Road Tank,Eden Prairie,MN OWNER: City of Eden Prairie,MN ADDRESS: Mr.Ed Sorenson Utilities Superintendent 7905 Mitchell Road Eden Prairie,MN 55344-2227 ENGINEER:AEC ENGINEERING ADDRESS: 511 Eleventh Avenue South CONTRACTOR: Odland Protective Coatings,Inc. Minneapolis,Minnesota 55415 ADDRESS: 7655 Vernon Street Rockford,MN 55373 ENGINEER'S PROJECT: 5593239 CONTRACT Cleaning,repairing and painting 2.0 MMG Steel FOR: Water Reservoir,Baker Road Tank,Eden Prairie,MN You are directed to make the following changes in the Contract Documents: DESCRIPTION: Sandblast concrete foundation of tank PURPOSE OF CHANGE ORDER: Increase contract amount ATTACHMENTS: Odland Protective Coatings'Application for payment dated 12/6/93. Change In Contract Price Change in Contract Time Original Contract Price $142,550.00 Original Contract Time 36 Days Previous Change Order#1 $6,750.00 Net change from Previous Change Orders 5 Days Contract Price Prior to this Change Order $149,300.00 Contract Time prior to this Change Order 41 Days Net Increase of this Change Order Net Increase of this Change Order 2 Days Sandblast concrete foundation of tank $1,360.00 Contract Price with Approved Change Orders: $150,660.00 Contract Time with Approved Change Order 43 Days RECOMMENDED: Jack Kollm APPROVED: ACCEPTED. C ENGINEERING City of Eden Prairie,MN Odlan tective Coatings,In (dad/gpro/coatings:C 01239) . r, z • ' .J . AEC ENGINEERING `.4 ; ENGINEERS INSPECTORS 511 Eleventh Avenue South Minneapolis,Minnesota 55415 - -_ Phone:(612)332-8905 • ` r. Fax:(612)334-3101 CHANGE ORDER NO.1 .. PROJECT: Cleaning,repairing and painting 2.0 MMG Steel DATE: February 28,1994 •, - Water Reservoir,Baker Road Tank,Eden Prairie,MN ; OWNER: City of Eden Prairie,MN ADDRESS: Mr.Ed Sorenson Utilities Superintendent 7905 Mitchell Road Eden Prairie,MN 55344-2227 ENGINEER:AEC ENGINEERING ADDRESS: 511 Eleventh Avenue South CONTRACTOR: Odland Protective Coatings,Inc. Minneapolis,Minnesota 55415 ADDRESS: 7655 Vernon Street Rockford,MN 55373 ENGINEER'S PROJECT: 5593239 CONTRACT Cleaning,repairing and painting 2.0 MMG Steel FOR: Water Reservoir,Baker Road Tank,Eden Prairie,MN You are directed to make the following changes in the Contract Documents: DESCRIPTION: Lettering of Tank PURPOSE OF CHANGE ORDER: Increase contract amount ATTACHMENTS: Odland Protective Coatings'Application for payment dated 12/6/93. Change In Contract Price Change in Contract Time Original Contract Price $142,550.00 Original Contract Time 36 Days Previous Change Orders $0.00 Net change from Previous Change Orders 0 Days Contract Price Prior to this Change Order $142,550.00 Contract Time prior to this Change Order 36 Days Net Increase of this Change Order Net Increase of this Change Order 5 Days Lettering of Ground Storage Reservoir $6,750.00 Contract Price with Approved Change Orders: $149,300.00 Contract Time with Approved Change Order 41 Days RECOMMENDED: Jack Kollme APPROVED: ACCEP ' D ENGINEERING City of Eden Prairie,MN Odland rotective Coatings,In (dad/gpro/coat ings:CO 1239) Tv, 1. 3 DATE: April 5, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Change Order No. 1 for Dell Road (South) Rodney W. Rue Recommended Action: Motion to approve Change Order No. 1 for Dell Road (I.C. 52-160). Additional barrels and barricades were needed in the area where the road was not completed. Also, additional retaining walls with fences were added to save trees. Financial Issues: This change order will increase the project costs by $5,678.92. Item No. • / March 8, 1994 SRF No. 0901337 CHANGE ORDER NO. 1 City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 PROJECT: Dell Road City of Eden Prairie Improvement Project No. 52-160 State Aid Project No. 181-113-01 CONTRACTOR: Imperial Developers Bloomington, Minnesota WHEREAS: The Contractor is unable to complete the southbound lanes of the roadway from station 501+25 to station 508+00 because the City could not acquire right-of-way in Chanhassen so additional traffic control is required; WHEREAS: Two additional retaining walls with fence were added on the east side of the roadway from station 506+70 to station 507+60 to save trees; THEREFORE: In accordance with the terms of the Contract, you are hereby authorized and instructed to install fence along the top of the walls between station 506+70 and station 507+60 and to leave the barrels and Type III barricades in place for continued traffic control in accordance with the Contract Documents and as directed by the Engineer in the field. Unit Est. Item No. Item Description Unit Price Qty. Amount 0563.603 Type III Barricades Each $217.00 7.0 $ 1,519.00 0563.603 Barrels Each $ 76.50 12.0 $ 918.00 2557.501 Wire Fence Design 60V-9322 Lin. Ft. $18.42 176.0 $ 3,241.92 Total Increase in Contract Amount $ 5,678.92 • ice. . 2 DELL ROAD CHANGE ORDER NO. 1 PAGE 2 CITY OF EDEN PRAIRIE IMPROVEMENT PROJECT NO. 52-160 STATE AID PROJECT NO. 181-113-01 CONTRACT SUMMARY ORIGINAL CONTRACT AMOUNT: $895,456.60 CHANGE ORDER NO. 1 $ 5,678.92 REVISED CONTRACT AMOUNT: $901,135.52 ISSUED: laze4't 3/0v GAR-ROSCOE-FAUSCH, INC. DAT ACCEPTED: 4, -752. -3lis fq IM'E'•IAL DEVELS DATE APPROVED: CITY OF EDEN PRAIRIE DATE ALAN D. GRAY, P.E., CITY ENGINEER DATE CITY OF EDEN PRAIRIE Ir. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-5-94 SECTION: 2ND READING ITEM NO. sv. K 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: • 2nd Reading of an Ordinance for Planned Unit Development District Review on 75 acres and Zoning District Amendment in the C-Regional Service Center Zoning District • Adoption of a Resolution Approving Site Plan Review for Kohl's Department Store. • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan 3. Developer's Agreement tr. - K - I KOHL'S DEPARTMENT STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-94-PUD-2-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND IN ONE ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the C-Regional Service Center Zoning District 8-94-PUD-2-94 (hereinafter "PUD-2-94-C-Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 5, 1994, entered into between Kohl's, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-2-94-C- Regional Service Center, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-94-C-Regional Service Center is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-94-C-Regional Service Center 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-2-94-C-Regional Service Center are justified by the design of the development described therein. D. PUD-2-94-C-Regional Service Center is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the C-Regional Service Center Zoning District and shall be included hereafter in the Planned Unit Development 2-94-C-Regional Service Center and the legal descriptions of land 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 22nd day of March, 1994, 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 5th day of April, 1994. ATTEST: John D. Frane, City Clerk Richard T. Anderson, Acting Mayor PUBLISHED in the Eden Prairie News on I3C' K - 3 Exhibit A Legal Description Kohl's Department Store Block One, Eden Prairie Center Addition KOHL'S DEPARTMENT STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-94-PUD-2-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN ONE ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amending of land located at Dell Road and Highway 5, within C-Regional Service Center Zoning District on 75 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/Richard T. Anderson City Clerk Acting Mayor PUBLISHED in the Eden Prairie News on the . (A full copy of the text of this Ordinance is available from City Clerk.) I� K - 5 KOHL'S DEPARTMENT STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR KOHL'S DEPARTMENT STORE FOR HOMART DEVELOPMENT WHEREAS, Homart Development has applied for Site Plan approval of the Kohl's Department Store on 75 acres for construction of a 90,000 sq. ft. Department Store located east of Eden Prairie Center, to be amended within the C-Regional Service Zoning District by an Ordinance adopted by the City Council on March 22, 1994; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 14, 1994, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 22, 1994, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Homart Development for construction of a Department Store, based on plans dated March 14, 1994, between Homart Development, and the City of Eden Prairie. ADOPTED by the City Council on April 5, 1994. Richard T. Anderson, Acting Mayor ATTEST: John D. Frane, City Clerk �CK. - 6 DEVELOPER'S AGREEMENT KOHL'S DEPARTMENT STORE THIS AGREEMENT, made and entered into as of April 5, 1994, by Homart Retail Properties I Limited Partnership, a Illinois Limited Partnership, and Kohl's, a Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for PUD Concept Review on 75 acres, PUD District Review on 75 acres with waivers for exterior building materials, building and parking setback, Zoning District Amendment in the C-Regional Service Center Zoning District, Site Plan Review for construction of a 90,000 sq. ft. Kohl's Department Store, and Preliminary Plat of 42 acres into 2 lots for construction of a Department Store, all on 5.79 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. 8-94-PUD-2-94, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on March 22, 1994, revised and dated March 11, 1994, 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. n' K. - 7 4. REVISED LANDSCAPING PLAN: Prior to building permit issuance, the Developer shall submit to the Senior Planner and receive the Senior Planner's approval of a revised landscaping plan with 280 caliper inches. Upon approval by the Senior Planner, Developer agrees to construct or cause to be constructed said landscaping improvements as depicted on Exhibit B concurrent with site construction and in conformance with the terms and conditions of Exhibit C attached hereto. 5. EXTERIOR MATERIALS: Developer has submitted, and the City Council has approved, samples of exterior materials to be implemented on the structure, on the property. A sample board of such materials is on file at the City Offices as part of the official record for development of the property. Developer acknowledges that any changes to the exterior materials must be reviewed and approved by the Senior Planner prior to implementation of any such change. Developer further acknowledges that any such change must be compatible with existing exterior materials on file at the City for the property and in accordance with City code. 6. CROSS ACCESS AND SHARED PARKING AGREEMENT: Prior to the release of the final plat, Developer shall submit to the City and receive the City's approval of the Cross Access and Shared Parking Agreement between Kohl's and Homart. 7. PRIVATE UTILITIES: Prior to the release of the final plat, Developer shall submit to the City Engineer and receive the City Engineer's approval of a maintenance agreement between Homart and Kohl's for the construction and maintenance of existing private utilities on the property. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-30-94 SECTION: CONSENT CALENDAR r ITEM NO. DEPARTMENT: Community Development ITEM DESCRIPTION: Chris Enger 1994 Minnesota Housing Finance Agency's David Lindahl (MHFA) First- Time Buyer Program. Requested Council Action: Approve by resolution City participation in the 1994 Minnesota Cities Participation Program and authorize the City Manager to execute the MHFA Mortgage Revenue Allotment Agreement and Program Application- Commitment Agreement. Overview: The Minnesota Housing Finance Agency (MHFA) is again sponsoring the MCPP, which began in 1990 to help local communities provide home ownership opportunities to first time buyers. MHFA sells bonds on behalf of cities to provide low-interest mortgage financing for low and moderate income first time home buyers. These loans are originated by private mortgage lenders interested in taking part in the program. This will be the fourth year Eden Prairie's has participated in this Program. Three loans were sold totaling $244,900 were sold in 1993. The$85,000 maximum purchase price is very-low for Eden Prairie and has made it difficult for qualified buyers to find homes under these limits. These limits will be increased to $95,000 for the 1994 program, which should allow more participation. The City receives an average of about three calls per week from first time buyers looking for assistance. Demand for the Program is increasing, particularly with the current high cost of housing. The City will apply for $1,000,000 in loan funds for 1994. Supporting Reports: 1. Memorandum 2. Resolution 1, 4 - ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION # A RESOLUTION AUTHORIZING THE CITY OF EDEN PRAIRIE'S PARTICIPATION IN THE MINNESOTA HOUSING FINANCE AGENCY'S (MHFA) MINNESOTA CITIES PARTICIPATION PROGRAM (MCPP) WHEREAS, The City of Eden Prairie is eligible to participate in the Minnesota Housing Finance Agency's (MHFA) Minnesota Cities Participation Program (MCPP) for the purpose of assisting first time home buyers in purchasing homes in Eden Prairie. WHEREAS, By participating in the MCPP the City will allow MHFA to access the City of Eden Prairie's local government bond authority to sell bonds on behalf of the City of Eden Prairie. WHEREAS, The proceeds from MHFA's sale of mortgage revenue bonds will be used to provide below market financing to low and moderate income first time home buyers. WHEREAS, MHFA will incur bond issuance expenses that would have normally been incurred by cities selling their own bonds. WHEREAS, The City's total bond request will be $1,000,000. WHEREAS, The City will submit a proposal deposit of$10,000, which 1% of the total request and is refunded to the City when bonds are sold by MHFA. WHEREAS, The fee charged to the City by MHFA for participating in the MCPP will be $20 for every $100,000 allocated to Eden Prairie, or $200, if the City receives $1,000,000. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the City of Eden Prairie will participate in the MHFA's Minnesota Cities Participation Program and Authorizes the City Manager to execute the MHFA Mortgage Revenue Allotment Agreement and Program Application-Commitment Agreement. ADOPTED by the City Council of the City of Eden Prairie this 5th day of April, 1994. Richard T. Anderson, Acting Mayor ATTEST: John D. Frane, City Clerk l V L, MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: David Lindahl, Planner Chris Enger, Director of Planning DATE: March 18, 1994 SUBJECT: PARTICIPATION IN 1994/95 MINNESOTA CITIES PARTICIPATION PROGRAM (MCPP). Request to Council: To authorize by resolution the City's participation in the 1994/95 Minnesota Cities Participation Program (MCPP), and the execution of all related agreements. Background: The Minnesota Housing Finance Agency (MHFA) is again sponsoring the MCPP, which began in 1990 to help local communities provide home ownership opportunities to first time buyers. MHFA sells bonds on behalf of cities to provide low-interest mortgage financing for low and moderate income first time home buyers. These loans are originated by private mortgage lenders interested in taking part in the program. This will be the fourth year Eden Prairie's has participated in this Program. 1993 Program Highlights: 1993 Bond Allocation - $1,098,990 Total Loans Sold - 3 totaling $244,900 (Program ends May 15, 1994) Interest Rate - First bond sale 6.25%; second sale 6.12%. Eligibility Requirements - Maximum income $39,680 - Maximum purchase price $85,000. 1993 Program: 1994 Demand - The $85,000 maximum purchase price is very-low for Eden Prairie and has made it difficult for qualified buyers to find homes under these limits. These limits will be increased to $95,000 for the 1994 program, which should allow more participation. The City receives an average of about three calls per week from first time buyers looking for assistance. Demand for the Program is increasing, particularly with the current high cost of housing. 1993 Bond Request - $1,000,000 - Funding requests from cities have always exceeded total funding available at MHFA, therefore, Eden Prairie will rt 4, -3 probably receive $about $700,000. Income Limits - $39,680 Maximum Purchase Price - $95,000 Participating Lenders - Three participated in the 1993 program and will again take part in 1994. These lenders are FBS; Norwest Mortgage Inc.; and Twin City Federal. The loans will be disbursed by designated lenders on a first come first serve bases. A lottery system will be used if the number of applications received exceeds the total allocation for any given lender. Bond Allocation - The final bond allocations will be negotiated and finalized in May, 1994, at the MHFA offices in St. Paul. Participation Fee - All communities participating in the 1994 Program must again pay a minor participation fee of$20 for every$100,000 allocated to their community. The fee is required to help MHFA reduce the administrative costs associated with providing this program. If Eden Prairie receives $700,000, the participation fee will be $140. Jt (Y) : EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-5-94 SECTION: PUBLIC HEARINGS ITEM NO. • DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger HUBER FUNERAL HOME Mike Franzen Requested Council Action: Two week continuance. The Staff has met with Huber Funeral Home to discuss site plan changes which help make the project fit in better with surrounding land uses. The plans will be finalized for the April 19, 1994 City Council meeting. SECOND STREET * CVf`CI eIno MINNESOTA ,[�12l 7 „ 520 SECOND IV f',) MINNESOTA 55331 � f(,IG! 4�.1-�.5j.7j 1801 COMMERCE BOULEVARD • MOUND, MINNESOTA 55364 • PHONE (512) 472.1716 c FUNERAL HOME 3-30-1994 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 April 5, 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 19, 94 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, /2-17 -- Paul F. Huber 520 SECOND STREET • EXCELSIOR, MINNESOTA 55331 • PHONE (612) 474-9595 DATE: CITY COUNCIL AGENDA MA?e r i994 SECTION: Public Meeting 6pri l 5► 199y DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration Tobacco Regulations Craig Dawson V. 13. 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) IjOg WO - Fbraary Id99y MEMORANDUM TO: Mayor and City Council FROM: 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 • 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:j dp Attachments MEMORANDUM • TO: Carl Jullie, City Manager FROM: Jim Clark, Chief of Polio 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 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.SATILER JENNIFER M.INZ *Also Admitted in Wisconsin "Also a Certified Public Accountant "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 our conversation regarding the amount charged for a license to sell q g g 8 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 6 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 WILL IAM 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 a001/002 LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW 4400 IDS CENTER 80 SOUTH EIGHTH STREET IuIINNEAPOLIS, MINNESOTA 55402 TELEPHONE: (612)338-0755 FAX: (612)344-6718 ROBERT L LANG EDEN PRAIRIE OFFICE ROGER A.PAULY Allllb 370 DAVID H.GREQERSON• 250 PRAIRIE'CENTER DRIVE RICHARD F.ROSOW EDPN PRAIRIE.MINNESOTA ISMS MARK I.70FINSON TELEPHONE(612)WI9-1355 JOSEPH A NH.AN FAX:(612)iS1.07U 1OHN W.LANG.* SUSAN M.EACH"' REPLY TO MINNEAPOLIS OFFICE AMITE H.DU ICIIER WILLIAM R MILLER TODD A.SATILER JENNIFER M"INz 'Alm Admitted in Wiinnn, l ...Also a Certified Public Amoptpytt "'Also Adlrlltttd in Colorado 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. Jullie, 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 6718 LANG, PAULY & GR a002/002 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 §609.685 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. JHD/tls )heAjullic2.mem 473 REGULATION OF TRADE PRACTICES 325E.075 325E.0684 REMEDIES. I E 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 by the dealer as a consequence of the manufacturer's 1 violation, together with the actual costs of the action, including reasonable attorney's fees.The dealer also may be granted injunctive relief against unlawful termination,can- cellation, nonrenewal,or substantial change of competitive circumstances.The reme- I' dies in this section are in addition to any other remedies permitted by law. History: 1989 c 267 s 5 ' CIGARETTE VENDING MACHINES 325E.07 CIGARETTE VENDING MACHINES,NOTICE RELATING TO SALES. 1, 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 it • owner, lessee, or person having control thereof, a warning to persons under 18 years of age which shall be printed in bold type letters each of which shall be at least one-half inch high and which shall read as follows: "Any Person Under 18 Years of Age Is Forbidden By Law To Purchase Cigarettes From This Machine." ,,, Subd. 2. Any owner, any lessee, and any person having control of any cigarette r vending machine which does not bear the warning required by this section shall be j' guilty of a misdemeanor. 11 ,_ History: 1963 c 545 s I 325E.075 SALE OF TOBACCO BY VENDING MACHINE. i 'Subdivision 1.Definition.For purposes of this section,"tobacco"has the meaning given the term in section 609.685. ` Subd. 2. Prohibition. Tobacco may be offered for sale or sold in this state by or ,I from a vending machine or appliance or any other medium, device, or object desig- M; 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; '11 (2) in an on-sale alcoholic beverage establishment or an off-sale liquor store, if 1, . (i) the tobacco vending machine is located within the immediate vicinity, plain i. j view,and control of a responsible employee,so that all tobacco purchases will be read- i ily observable by that employee; , (ii) the tobacco vending machine is not located in a coatroom,restroom,unmoni- , tored hallway, outer waiting area, or similar unmonitored area; and } (iii) the tobacco vending machine is inaccessible to the public when the establish- ment is closed; and (3) in other establishments, upon the following conditions: (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 that employee;it must not be located in a coatroom,restroom,unmonitored hallway,outer 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. 4 Subd. 3.Local regulation.The governing body of a local unit of government may P, adopt rules or ordinances relating to vending machine sales of tobacco that are more restrictive than the restrictions imposed by this section. History: 1990 c 421 s 1 : , , i ia 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 application O form. Upon the filing of an application with the City Clerk, 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: 1104.060 CIGARETTES; PROHIBITED SALES. No person shall sell or give away any cigarette or any tobacco product, cigarette paper or cigarette wrapper to any person under the age of eighteen (18) 04x 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, morphine, jimson weed, belle donna, strychnia, cocaine, marijuana nr anv other dplpterinua or noiannnus drug extent nicotine. - h`v ORDINANCE NO. 10-89-793 SECTION IV. This Ordinance becomes effective npert-approval--and pub-l-rea r-en. ninety days after the date of its adoption. Orlk- Passed by the City Council of White Bear Lake, Minnesota, this 10th day of October , 1989. First Reading September 12, 1989 ti Second Reading October 10, 1989 WOONIttx 47* Je r Br s, ay k ✓� • ATTEST: M R and R. ebenaler, City Clerk 44 APR- 5-94 TUE 14 : 12 EDEN PRAIRIE SCHOOLS 6129373689 P_ 01 V13' TO: DICK ANDERSON FAX: 949-8320 April 5, 1994 FROM: ROB KESSELRING EDEN PRAIRIE SCHOOLS CHEMICAL HEALTH COORDINATOR DATA FROM 1992 MN STUDENT SURVEY: 44% of Grade 12 Eden Prairie girls cigarette users 32% of Grade 12 Minnesota girls cigarette users _ ,/ �G 34% of Grade 12 Eden Prairie boys cigarette users cv e. 30% of Grade 12 Minnesota boys cigarette users { ue' k Se, 33% of Grade 9 Eden Prairie girls cigarette users 0 \e.0- 19% of Grade 9 Minnesota girls cigarette users `9e' Q b 19% of Grade 9 Eden Prairie boys cigarette users 5/eq. 19% of Grade 9 Minnesota boys cigarette users 19% of Grade 9 Eden Prairie boys chewing tobacco/snuff users 18% of Grade 9 Minnesota boys chewing tobacco/snuff users 41% of Grade 12 Eden Prairie boys chewing tobacco/snuff users 29% of Grade 12 Minnesota boys chewing tobacco/snuff users Since 1992 girls have become significant users of chewing tobacco/snuff (Kesseiring, anecdotal) 1992 EDEN PRAIRIE OAK POINT SCHO L HEALTH SURVEY 9% of grade 5 students have experimented with tobacco It is the opinion of Kesseiring and District Heath Nurse, Becky Hudlow, that use of tobacco (particularly chewing tobacco) has increased since 1992. Tobacco as a gateway drug. In a 1991 Columbia University study regular smokers are 23x more likely to use Marijuana and 50x more likely to use cocaine than non-smokers. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-30-94 SECTION: PUBLIC HEARINGS ITEM NO. '1✓e DEPARTMENT: Community Development ITEM DESCRIPTION: Chris Enger Year XX (1994/95) Community Development David Lindahl Block Grant Program (CDBG) Activities Requested Council Action: The Human Services Committee and Human Rights and Services Commission reviewed all requests for CDBG funding and recommended to the City Council approval of funding for the following activities: Public Service Activities: Child Care Subsidy Program - $ 24,379 Household Maintenance for Elderly - $ 10,000 Mortgage Foreclosure Prevention & Homeline - $ 3,000 Total - $ 37,379 Housing Activities: Housing Rehabilitation Program - $ 70,000 Adult Foster Care Home (loan for utility hook-up) - $ 17,000 Bank Funds for 1995 Rental Housing Project - $ 62,518 Total - $149,518 Overview: Eden Prairie's CDBG entitlement for 1994/95 is $186,897, which is about a 10% increase over last year. The national objectives of the CDBG program include: • Developing viable urban communities by providing decent housing, a suitable living environment and expanded economic opportunities for low and moderate income, elderly, and handicapped individuals. • Aiding in the prevention or elimination of slums and blight. • Meeting other community development needs having particular urgency. Hennepin County requires all participating cities to keep public service funding within 20% of their total CDBG allocation, which is $37,379 for Eden Prairie. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Eden Prairie, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of urban Hennepin County CDBG funds made available to it, following a public hearing on April 5, 1994 to obtain the views of citizens in local and Urban Hennepin County housing and community development needs and the City's following proposed use of$186,897 from the Year XX Urban Hennepin County Community Development Block Grant, and $0.00 in program related income: PROJECTS BUDGET Rental Housing Project $ 62,518 Housing Rehabilitation $ 70,000 Adult Foster Care Home $ 17,000 Subsidized Daycare Program (GMDCA) $ 24,379 Household and Outside Maintenance for Elderly (HOME) $ 10,000 HOMELINE suburban advocacy/Foreclosure Prevention $ 3,000 TOTAL $186,897 BE IT RESOLVED that the City Council of the City of Eden Prairie approves the proposed use of Year XX Urban Hennepin County Community Development Block Grant funds and program related income and authorizes submittal of the proposal to Hennepin County for review and inclusion in the Year XX Urban Hennepin County Community Development Block Grant Program Statement of Objectives and Projected Use of Funds. ADOPTED by the City Council of the City of Eden Prairie this 5th day of April, 1994. Richard T. Anderson, Acting Mayor ATTEST; John D. Frane, City Clerk MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Chris Enger, Community Development Director David Lindahl, Planner DATE: March 28, 1994 SUBJECT: YEAR XX (1994-95) COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) FUNDING PROPOSALS Eden Prairie's CDBG entitlement for 1994/95 is $186,897, which is about a 10% increase over last year. The national objectives of the CDBG program include: • Developing viable urban communities by providing decent housing, a suitable living environment and expanded economic opportunities for low and moderate income, elderly, and handicapped individuals. • Aiding in the prevention or elimination of slums and blight. • Meeting other community development needs having particular urgency. The Human Services Committee and Human Rights and Services Commission reviewed all requests for CDBG funding and recommended to the City Council to approve funding for the following activities: HUMAN SERVICE ACTIVITIES: #1 Activity - CHILD CARE SUBSIDY PROGRAM Agency/Contact - Greater Minneapolis Day Care Association (GMDCA) - Grace Norris Funding Level - $24,379 ($3,820 increase from 1993 - 18.5%) Purpose - Provide child day care assistance to lower income families in Eden Prairie who are working/training a minimum of 25 hours per week. The City has been funding this activity since 1986. Clients Served - Eight (8) Eden Prairie families were served in 1993. Seventy-two Eden Prairie families are on the waiting list at GMDCA. 1 #2 Activity - HOUSEHOLD AND OUTSIDE MAINTENANCE FOR ELDERLY (HOME) Agency/Contact - Senior Community Services - Betty Crouch Funding Level - $10,000 ($1,000 increase from 1993 - 11%) Purpose - Provide maintenance and chore services to persons 60 and older. The City has been funding this activity since 1982. Clients Served - Forty households were served in 1993, which was a 28% increase from 1992. #3 Activity - HOME LINE & MORTGAGE FORECLOSURE PREVENTION PROGRAM Agency/Contact - Community Action for Suburban Hennepin(CASH) -Charlie Warner(Housing Manager) Funding Level - $3,000 ($1,339 increase from 1993 - 80%) Purpose - Home-line is a housing service that provides tenant information and advocacy through a hotline to help resolve tenant-landlord problems. They also administer a foreclosure prevention program that helps homeowners faced with possible foreclosure renegotiate loans, and preserve home ownership. Clients Served - Home-line received 83 calls from E.P. residents in 1992 (10% increase)for their tenant hot-line service. Fourteen E.P. homeowners were assisted in 1993 through the Mortgage Foreclosure Program. Hennepin County requires all participating cities to keep public service funding within 20% of their total CDBG allocation, which is $37,379 for Eden Prairie. The human service activities are as follows: HOUSING ACTIVITIES: #1 Activity - HOUSING REHABILITATION PROGRAM Agency/Contact - Community Development Department - David Lindahl Funding Level - $70,000 ($10,000 decrease from 1993) Purpose - To provide low-interest deferred loans of up to $10,000 to eligible residents for home improvements. The loans are recovered when the recipients sell their homes. Recovered funds are rolled back into the program. Clients Served - Eight clients were served in 1993. 2 #2 Activity - ADULT FOSTER CARE HOUSING Agency - Community Home Program (CHP), Bernie Vrona. Funding Level - $17,000 - Provided through a low interest deferred loan to be repaid to City at some point in the future. The exact terms of the loan have not been determined. CDBG Funding is contingent upon CHP securing financing from the Minneapolis Community Development Agency (MCDA) and receiving rezoning and all other related approvals from the City of Eden Prairie. Purpose - CDBG funds will be used to extend public utilities to the proposed project. CHP is proposing to construct three single story, fully accessible, duplex units to be licensed as adult foster care home for persons effected by Multiple Sclerosis, Muscular Dystrophy, Traumatic Brain Injury, Cerebral Palsy and other neurological conditions. The need for CDBG assistance is based on higher than expected land prices in Eden Prairie. See attached letter for additional information on this project. #3 Activity - 1995 HOUSING PROJECT Agency - City of Eden Prairie Funding Level - $62, 518 (first year) Purpose - There is a need for additional low-income rental housing in Eden Prairie. This need is apparent by the waiting lists at the two Section 8 housing developments in Eden Prairie. Demand for three bedroom units at Prairie Meadows Apartment Cooperative is so great that the waiting list is closed. There also is a substantial waiting list for families in need of two bedroom units. By banking CDBG funds over the next two years the City could participate in reducing rents in a future apartment project. The goal will be to use CDBG funds in combination with other tools, ie, Tax Increment Financing (TIF) and Housing Revenue Bonds, to lower rents on 10-20 percent of the total units in any one apartment project. Emphasis will be on providing two and three bedroom units. This project is at a conceptual stage with many details yet to work out. Staff will keep the Human Services Committee informed as to any progress made on this project. Page four is a bar chart showing the number of households served by CDBG activity since 1985. 3 CDBG ACTIVITY SUMMARY 1985 - 1 993 :: CHILD CARE HOME ® REHAB ❑ HOMELINE HOUSEHOLDS 100 -/ 90 80 - �, 70 60 50 -- -- • 40 411110 • 30 J 20 J . 0. NE 11116 r i:: ' i:: is i:: :: 0 I I 1 1 I I I I I 1985 1986 1987 1988 1989 1990 1991 1992 1993 YEARS EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-5-94 SECTION: PUBLIC HEARINGS ITEM NO. rj DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger JOYLAND - DAVID KRAEMER PROPERTY Don Uram Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for Zoning District Change from Rural to R1-13.5 on 2.54 acres; • Resolution for Preliminary Plat on 2.54 acres for three single family lots and road right-of way. Background - Planning Commission Action: The project was first reviewed at the February 28th Planning Commission meeting. The Planning Commission directed the proponent to provide additional information about the effect of drainage on adjacent properties from the development of two new lots. At the March 14th meeting, a revised plan was submitted that limited run-off to pre-development conditions. The Planning Commission recommended approval (5-1) of the plan subject to additional erosion control along the edge of the new driveway. Residents of the area expressed concern about the division of the property into 3 lots, rather than 2 and the request for the variance to allow Lot 2 without street frontage. Supporting Reports: 1. Staff Report dated February 25, 1994 2. Planning Commission Minutes of March 14, 1994 and February 28, 1994 3. Resolution for Preliminary Plat 4. Correspondence JOYLAND CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF JOYLAND FOR DAVID KRAEMER BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Joyland for David Kraemer dated February 22, 1994, consisting of 2.54 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 5th day of April, 1994. Richard T. Anderson, Acting Mayor ATTEST: John D. Frane, City Clerk APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, March 14, 1994 7:00 p.m. City Center Council Chamber 8080 Mitchell Road IV. PUBLIC HEARINGS (Continued from February 28, 1994 meeting:) A. JOYLAND by David Kraemer. Request for Zoning District Change from Rural to R1-13.5 on 2.76 acres and Preliminary Plat on 2.76 acres for three single family lots and road right-of-way. Location: 14506 Staring Lake Parkway. As described in the staff memorandum of March 9, 1994 from the Engineering Division, Uram said a revised grading and erosion control plan directs drainage from the roof into an existing catch basin located at the southeast corner of proposed Lot 1. He said the driveway has been tilted to the south and east so that the water will run off to the side rather than down the driveway. PLANNING COMMISSION 2 March 14, 1994 After asking for the exact location of the catch basin, Sandstad asked if a curb is required for the driveway. Uram said there is none required. David Kraemer, property owner, said he had offered to meet with the neighbors regarding the property; however no one responded. Jeff Verdoorn, 9009 Victoria, presented a letter from the neighborhood that summarized their concerns regarding the proposed middle lot, including concerns that it does not meet current City codes regarding frontage and concerns about the grade and width of the driveway. Uram noted that, while the City does not have control over the grade of a driveway,there is a policy that says it should not be steeper than 12%,and this driveway does not exceed that policy. Ken Klink, 9025 Victoria, said he is concerned because of the adverse effect this project may have on his investment. His primary concerns were the disruption of the view from the townhouses and other residences in the area, consistency in the neighborhood and drainage. He asked about the considerations that went into recommending a flag lot. Sandstad responded that a flag lot is one without conventional street frontage and is most often approved when there is a need to preserve a natural amenity on the lot. He said the Commission has approved many flag lots even though they do not meet other City codes. Verdoorn asked what natural resources are being preserved by this project Uram said this project was designed to protect the natural slope on the lot and to protect against a separate driveway going directly up the side of the hill from Staring Lake Parkway in case the middle lot were to be developed with street frontage at a later date. Clinton said he had concerns regarding the Engineering Staff memo that stated there was no erosion damage because he has seen significant erosion in that area. He said he would ask the question whether there should be just two lots on this project. Kraemer said the engineering staff member walked the area in front of lot 2 where there is no erosion; however,there is erosion on the other areas. Bauer said his primary concerns are with the drainage issue and he thought the use of a shared driveway was a beneficial use on this property in order to preserve the natural slope. He said he struggled with visualizing the house on lot two and that staking would have been helpful. Schlampp said he was uncomfortable with the drainage issue and that changing the pitch of the road might cause a potential problem. Wissner asked if Staff goes out to oversee the actual development. Uram said they do that only in special circumstances.; however,they will probably pay more attention to this project. He said there may have to be additional erosion control such as sodding and fencing along the side of the driveway. PLANNING COMMISSION 3 March 14, 1994 MOTION: Kardell moved, seconded by Bauer, to close the public hearing. Motion carried 6-0-0. MOTION: Kardell moved, seconded by Bauer, to recommend to the City Council approval of the request of David Kraemer for Zoning District Change from Rural to R1-13.5 on 2.76 acres based on plans dated February 22., 1994, subject to the recommendations of the Staff Report dated February 25, 1994 and the Engineering Memorandum dated March 9, 1994,and with additional erosion control measures to be required around the driveway . Motion carried 5-1-0 with Clinton opposed. MOTION: Kardell moved, seconded by Bauer, to recommend to the City Council approval of the request of David Kraemer for Preliminary Plat on 2.76 acres for three single family lots based on plans dated February 22, 1994,. subject to the recommendations of the Staff Report dated February 25, 1994,and the Engineering Memorandum dated March 9, 1994, and with additional erosion control measures to be required around the driveway . Motion carried 5-1-0 with Clinton opposed. Vp — r APPROVED MINUTES EDEN PRAIRIE PLANNING COMNIISSION MONDAY, FEBRUARY 28, 1994 7:00 p.m. City Center Council Chamber 8080 Mitchell Road CONL IISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Cynthia Clish, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner IV. PUBLIC HEARINGS A. JOYLAND by David Kraemer. Request for Zoning District Change from Rural to R1-13.5 on 2.76 acres and Preliminary Plat on 2.76 acres for three single family lots and road right-of-way. Location: 14506 Staring Lake Parkway. Terry Schneider, representing proponent, reviewed the request to divide the 2.76 acre property into three single lots, and noted that a variance from the Board of Adjustments will be required because, on the recommendation of Staff, lot 2 is platted without frontage on a public street. Clinton asked about controlling the runoff from lot 2. Schneider said there will be erosion control around the southern part of the site during construction. Clinton then asked what the runoff from the roof is expected to be and how it will be handled. Schneider said the amount of runoff will be negligible and that it would have no effect on the site. D - lam PLANNING COMMISSION 2 February 28, 1994 Sandstad said he was concerned about possible problems because of the steep grade of the driveway. Schlampp expressed concern about the grade and width of the driveway and the drainage on the driveway. He asked if a storm drain will be required. Snyder said the Engineering Dept. has not requested one, but they can review the situation with them again. Schlampp also expressed concern about access for fire trucks and other emergency vehicles because of the driveway's narrow width and steep grade. Clish asked how common it is to have a project with a shared driveway. Uram said that, while approval of shared driveways is not common, there are other shared driveways in the City, primarily where there are significant natural features that should be preserved. Uram noted that the Fire Marshall was more concerned that the street addresses be plainly visible at the base of the driveway than with the driveway situation. Ed Cronin, 9043 Victoria Drive, presented a letter from nearby homeowners requested that the project be continued in order to give them more time to have input. He said they are concerned about the runoff problems. In addition, the plans they received showed the Lot 1 building being much further back on the lot. Steve Bennett, 14631 Queens Trail, said he was concerned about the appearance of the house on Lot 2. Kardell asked for details about the erosion control and drainage.plans since the packet did not include of a description of what is proposed. Uram said the concerns of the Engineering Department related to thesoils in the area and erosion control during construction; however, in light of the concerns expressed tonight, it may be appropriate to take a closer look to see if there is something special required for the drainage. Sandstad asked about the potential to combine Lot 2 with the Kingston Ridge property. Kraemer said they have talked to the owners on both sides of the property with no results and that Kingston Ridge lot has been sold recently. Clish said she was concerned about controlling the structures that will be built on the lots. Kraemer said he has a vested interest in that since he will be living on Lot 1. He said the lot price should guarantee a nice house. Clinton asked if the developer had considered additional plantings to screen the property from nearby residents. Schneider said they will retain many of the trees on the lot. Bauer said he thought it was important to resolve the issue of the drainage. MOTION: Schlampp moved, seconded by Clinton, to continue the Public Hearing in order to give the developer an opportunity to double check the items of concern and to meet with the neighbors. AiMENDNIENT TO THE MOTION: Schlampp moved, seconded by Clinton, to continue the Public Hearing to March 14th. Motion carried 6-1-0 with Clish opposed. VOTE ON THE MOTION AS AMENDED: Motion carried 6-1-0 with Clish opposed. v l2 - 7 STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Planner THROUGH: Chris Enger, Director of Planning DATE: February 25, 1994 SUBJECT: Joyland APPLICANT/ FEE OWNER: David Kraemer LOCATION: 14506 Staring Lake Parkway REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 2.76 acres 2. Preliminary Plat of 2.76 acres into 3 single family lots and road right-of-way Jr- . 4. INZ74 ........4 „„,,, • , ‘„, ,91,•.-• ... . ••4 • -.'••- ,;_r„,22_4•t; , .‘34.., ... • /,--.:(6 3,)\64.1...'......t.1"'s. '-.:. I ,..., '.1(.4 .Z 5716-:26' , 9 .3 i'. 4..'77.•........y... 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N88'16'25'8 04(48) 4' . • ,f3 77 .... 6 ` :,..- i,, 1,p, ,.,.'", Z ^. 70. , (4? - • -‘'" •::* * 4 . 7.4*, (52) * .".• ' "D.a •• (1) .-,-F ,t>" (20);• STARRINGwp -1. : ;-, 3 I (50) 8 . -:.• a fel 2 o , 1- •,, 1D(49)- ADM . 939'23'30'E - • b• - 2 - I• 4: 1.4 ..c7 \.- -. ,___ 276.05 . ,c),, .,. .•. V/: ...L) .......... 9 Staff Report Joyland February 25, 1994 BACKGROUND This site is designated on the Eden Prairie Comprehensive Guide Plan for development as a low density residential land use. The adjacent properties to the south and west are also guided for low density residential. The property to the north is guided for medium density residential. Specific land uses in this area include Boulder Pointe West, zoned RM-6.5 to the north and the Kingston Ridge Addition, zoned R1-13.5 to the south. The proponent is requesting a zoning district change from Rural to R1-13.5 and a preliminary plat of approximately 2.76 acres into three single family lots and road right-of-way. SITE PLAN/PRELIMINARY PLAT This site is proposed to be subdivided into three single family lots. Lot sizes within the subdivision range from a maximum of 55,921 square feet to a minimum of 26,103 square feet. All of the lots meet the minimum requirements of the R1-13.5 zoning district with the exception of Lot 2. Lot 2 will require a variance for frontage on a public street. The developer shall apply for and receive a variance from the Board of Adjustments for no frontage on a public street prior to the approval of the final plat. Access to Lot 1 will be provided off of Victoria Drive while Lots 2 and 3 will share a driveway off of Starring Lake Parkway. A shared driveway is the only alternative way to provide access to lot 2 because of the steep slope adjacent to the road. This slope ranges from a low point at the 830 contour next to Starring Lake Parkway up to the 860 contour in less than 80 feet which is a slope of about 38% Previously, the City has approved the use of a shared driveway in environmentally sensitive areas (such as steep slopes) if the use of a shared driveway would reduce the impact of any new construction. In this case, grading an additional driveway to serve lot 2 would destroy the slope. Documents allowing for the shared driveway between the two homes have been submitted and must be recorded with the final plat. GRADING Elevations on the site range from a high point of 886 on lot 1 next to Victoria Drive to a low point of 830 next to Staring Lake Parkway. The site slopes in a westerly direction toward Victoria Drive. The majority of the grading necessary on the site is to construct the home and driveway on lot 2. Minor grading will be required for the construction of the home next to Victoria Drive. Because of the sandy soils in the area, erosion control and restoration plans are critical for this project site. 2 Staff Repo it Joyland February 25, 1994 UTILITIES Utility service is available to the proposed house on lot 1 by connections made to the 6 inch water line and the 8 inch sanitary sewer line located within Victoria Drive. Service to lots 2 and 3 will be made by the extension of individual services from connections made to the existing utility stubs within Starring lake Parkway. Trunk assessments due upon approval of the final plat are $6,426 (see attached). PEDESTRIAN SYSTEMS There is an existing 5 foot concrete sidewalk located along the east side of Victoria Drive. STAFF RECOMMENDATIONS Staff recommends approval of the request for a rezoning from Rural to R1-13.5 on 2.76 acres and preliminary plat of 2.76 acres into 3 single family lots and road right-of-way based on plans dated January 27, 1994 and subject to the Staff Report dated February 25, 1994 and subject to the following conditions: 1. Prior to final plat approval, the proponent shall apply for and receive a variance from the Board of Appeals for no frontage on a public street for lot 2. 2. Prior to grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. 3.. Prior to building permit issuance, proponent shall: A. Pay the appropriate cash park fee of$840 per unit. B. Submit a copy of the recorded document for the shared driveway. 3 - MEMORANDUM - TO: Planning Commission THROUGH: Community Development FROM: Jeffrey Johnson Engineering Divisi DATE: March 9, 1994 SUBJECT: David Kramer Property located on Staring Lake Parkway This memo is written to address the concerns and issues raised at the Planning Commission Meeting held February 28, 1994 regarding the David Kramer proposal (Joyland) located between Staring Lake Parkway and Victoria Drive. At the February 28 meeting, several issues were raised regarding drainage, grading and additional runoff from this project onto other properties. The existing storm sewers within Kingston Ridge Development to the south and Staring Lake Parkway to the east, were designed and built with sufficient capacity to incorporate the drainage areas within the David Kramer property. The proponent has submitted a revised grading and erosion control plan that directs drainage around the proposed house and into an existing catch basin located at the southeast corner of proposed Lot 1. The roof drainage from the proposed house within Lot 2 should also be directed to the catch basin. There is an existing swale that directs drainage from the Boulder Pointe Townhomes to the north and two single family lots within the Boulder Pointe subdivision, through proposed Lot 1 of the Kramer property to the previously mentioned catch basin. The Engineering Division is recommending as a condition for approval, that a drainage and utility easement be provided over the swale area within Lot 1 to protect this existing drainage facility. I recently inspected the condition of existing slopes on the Kramer property as well as the vacant lot within Kingston Ridge Addition for any evidence of existing erosion problems. I found no evidence of any drainage or erosion problems on either site, all slopes having good vegetative cover and appear stable. Given the existing conditions; the availability of storm sewer, existing drainage areas remaining the same, the stability of existing slopes on the property, the grading and erosion control plan submitted by the proponent, and the size of the project, it is the opinion of the Engineering Division that the development of this project will not adversely affect the drainage characteristics of adjoining properties. JJ:ssa • Dsk:JJ:KRAMER D - / February 28, 1994 City of Eden Prairie Planning commission City Center 8080 Mitchell Road Eden Prairie, MN 55433-2230 Subject: Jovland Development 14506 Staring Lake Parkway Planning Commission Members: The undersigned are homeowners and residents of Boulder Pointe, Kingston Ridge and Boulder Pointe Townhomes. We are petitioning the planning commission concerning the proposed Joyland development project, which is in the midst of our essentially established neighborhood. This letter outlines our objections with the hope and expectation that the Planning Commission would strongly consider our views as homeowners in the perimeter and neighborhood of the area most affected by the proposed changes. We have two primary concerns with proposed Jovland development plan: 1) Creation of a flag lot off 14506 Starring Lake Parkway by sharing of the existing Kraemer Driveway thus establishing a third lot, where only two heretofore were planned. 2) Consistency of the home on Victoria Drive as it may relate to the standards established for Kingston Ridge and/or Boulder Pointe. Dividing the Property into Three Lots Versus Two The following are offered by affected homeowners for consideration by the Planning Commission concerning the Joyland proposal to subdivide the property into three lots: • Obstruction of Existing Views of Staring Lake - Homeowners in the perimeter of the proposed Joyland development purchased their homesites because of the view of Staring Lake. The eventual building of a home on Victoria Drive (Lot 1) was assumed. The addition of Lot 2 obstructs the view as it exists today for homeowners in both Boulder Pointe and Boulder Point Townhomes. V — /3 • Compliance with R1-13.5 Zoning District -As proposed, the driveway to Lots 2 and 3 does not meet current grade standards in that it is steeper than permitted under current zoning requirements. Moreover, Eden Prairie Ordinance 72-84 requires that all lots have frontage on a public street. The staff report for the Joyland project is recommending a variance to ordinance 72-84 and allowing a shared driveway between two homes. It is apparently sanctioning the use of a driveway for the new lot that is not compliant with current standards (in fact could not be built today)!! • House on Lot 2 -As property owners, we are also concerned that Lot 2 would not attract a price consistent with other lots in the neighborhood for two reasons. First, the circuitous entrance and second, the necessity as proposed to pass by an existing home that is not consistent with the neighborhood. As homeowners, we accepted the existing Kraemer home as part of the neighborhood. We bargained for that in our purchase decisions. We did not bargain for the additional lot now being proposed or the uncertainty of the house that could be built there. Moreover, we feel strongly, lacking any standards, this lot has the potential to significantly affect not only our property values but our enjoyment of the properties we purchased. • General Flow of Neighborhood - Boulder Point, Kingston Ridge and the Boulder Point Townhomes were well engineered with back yards planned to maximize privacy. The proposed Joyland site plan would place a house and a driveway in the middle of numerous backyards, disrupting the privacy of existing homeowners and disrupting the overall neighborhood plan. Based on these considerations, and notwithstanding drainage, significant grading requirements for Lot 2 and other environmental impacts, the undersigned homeowners would urge the Planning Commission to deny the variance request and permit only two lots in the Joyland Development. Uniformity of Home on Victoria Drive The home planned for Lot 1 on Victoria Drive has been expected by the residents and, once completed, will finish construction in our immediate neighborhood. As currently proposed, however, there are two concerns with the plan now proposed for Lot 1. • Setback - The proposed site plan shows the home on Lot 1 with a setback of 100 feet which is inconsistent with others on this street. We feel strongly that the home on Lot 1 should be set back a standard 30 feet with 12.5 feet on each side. • Association Requirements - Homes in the Kingston Ridge, Boulder Point and Boulder Point Townhomes were built in accordance with the corresponding home owner association requirements. We feel strongly that the home built on Lot 1 should abide by standards established by either the Kingston Ridge or Boulder Point Home Owners' Associations. As such, (if nothing more than a neighborly gesture) the plans for any home built on Lot 1 should be reviewed and approved by one of the association's Architectural Design Committees with a view toward maintaining consistency of the neighborhood. Most in this community have significant investments in our homes. We look forward to new neighbors on Victoria Drive but want to be assured that any development will preserve consistency in our neighborhood, the value of our property and our privacy. We are hopeful the Planning Commission will strongly consider our concerns. Due to unfortunate circumstances, several key principles in this matter were not able to attend the February 28 meeting. We would look favorably on a follow-up meeting to discuss options that would help meet the needs of both the neighborhood and Mr. Kraemer's Joyland development. We further would suggest that a meeting with the Mr. Kraemer be arranged so that affected homeowners could discuss options satisfactory for all concerned. Sincerely, Undersigned Residents of Kingston Ridge, Boulder Pointe and Boulder Pointe Townhomes. I � '‘k)-' l \ ,,,s,- 8' 1 1 ' i 24' . ez \ 4'' '' r 4 --‘ -\ c. 3_,, ,a - 4. 0 ‘ - I ‘41 \. ___41 c_Ic ( t T? 7` � ` - Tim � M . � _ c m %� � ��- s ‘' k 1 1 a 4-, 9c " ccfl J .") 5 1 'C' 6 4 :)"4-' m d 66 e - KN. Q` �� $ .8 ‘r 4\ 1 i„. 4 , i. : cu a. ,u 0 . „2,zx D'' . 4 A § .. . „, ,.. . 'R) c__)\ri - - ,, z ---,,_ (_ i . • i _5 \ \1 '' ' 4' '' %,, \ j i S ViDC ‘,..4.4 :..-;" -14 \ . i g I . :S:, ',. \`\.' ,, $ ri * - ,,,, a . N cx \, N , y\i- - N, \‘, lit,... , —• \\. • ---s, , ; N, lit ip , k,,,„ . 4 •S' .i c., 1, N, , . ...\\ *, .c, 1 \ ilk, s , \ ''' -----1 ‘---140 tl . Kr Q `\ cr 0 0 O .9 ,. \ e, r Q 0 1 '' 1 7e) 1 .4) '--` -4 _.___ t $, .3 , S — - — 5 ,.) ' `'N. I ( ,) ,, , , , ©0 . P 2. -&' 2 20, % c oo k o0 0° °V d ti hj R L i\j r0 e .:' 1 3 .es 4 Nj \- ' V ' \\. NNIv 0 si 1 4 1 , , \‘‘ ,- ,,) , / J§ il 4 - -' . -4 y- 'f \� ` d *'----' -- -) 6 i/) (.r- -‹ ---- v--0 . — , I\ K 0 -- / 7 • CPCity of Eden Prairie c;ty Offices Galen 8080 Mitchell Road • Eden Prairie, MN 55344-4485 prairies Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390 December 21, 1993 Terry Schneider Project Developer's, Inc. Interchange Tower 1970 600 South Highway 169 St. Louis Park, MN 55426 RE: Dave Kramer Property Dear Terry: Thank you for your letter of December 8, 1993. This letter is meant to respond to the concerns you had raised regarding the development of David Kramer's property located on Staring Lake Parkway. Upon development, this property would be subject to additional connection fees of$7,400 for each newly created lot (two), and additional sanitary sewer and watermain trunk assessments currently charged at a rate of$3,150 per acre with one-half acre being charged at the $520 homestead rate. With regards to the sketch plan you sent me showing proposed utility connections, I don't feel I can comment on the details of the proposed utility connections until it has been through the development review process. But for purposes of planning and cost estimation, you should plan to make an open cut excavation of Staring Lake Parkway to provide utility access. One additional thing you should consider, and that the City will require, is a detailed grading, drainage and erosion control plan showing how these new homes will be built with regard to the existing steep topography. I am also enclosing a printout of the special assessment summary on this property which shows an amount that was excluded until 1995 or connection was made to sewer and water. Please give me a call if you have any additional questions or concerns. Sincerely, frey Jo son Engineering Technician JJ:ssa Enclosure cc: David Kramer r aecyciea Pwer /I)/// DskJJ.SCHNEIDR.LTR r vV EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-5-94 SECTION: PUBLIC HEARINGS ITEM NO. 3r• E • DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger PURGATORY CREEK ESTATES Mike Franzen I equested Council Action: . The Staff recommends that the Council take the following action: • Comprehensive Guide Plan Amendment from Open Space to Low Density Residential on approximately 2 acres; • Adopt an Ordinance for Rezoning from Rural to R1-13.5 on 4.93 acres. • Adopt a Resolution for Preliminary Plat on 4.93 acres into 7 single family lots and 1 outlot. The effect of the City Council action would permit the development of 7 single family lots, Zoned R1-13.5. This project was reviewed by the Planning Commission at the March 14, 1994 meeting. The Planning Commission recommended that the project be denied because of wetland impacts. This project was reviewed at the March 21st Park Recreation and Natural Resources Committee Meeting. The Commission voted unanimously to recommend denial of the project because of the wetland impacts. Primary Issues: Should the project be approved with wetland fill? The City has approved wetland fill on several projects in the community. The City code does not prohibit nor restrict wetland fill. Only the Wetland Preservations Act suggest that Cities consider avoiding wetland fill before mitigation. Wetland fill has been approved on several recent projects for the following reasons: 1. The project meets City codes without density variances. Recent examples are Peter Andrea, Summerfield, and Bearpath. 2. Wetland fill is less than 10% of the total wetland area. Summerfield was 2%, Bearpath 4% and Peter Andrea 5%. 3. Fill is either on the edge of the wetland or due to the unusual shape and configuration of the wetland. This is true of all projects. 4. Dedication of the wetland area to the City or placement of wetland area into perpetual conservancy easements. This is true of the above projects. 5. Placement of a Conservancy Easement within 25 feet of the high water mark of the wetland to protect edge vegetation. This was required of the above projects. Since there are no variances requested with the Purgatory Creek project, the wetland fill is on the edge of the wetland, with dedication of the wetland area to the City, Staff believes that the amount of wetland fill is reasonable and consistent with other projects. The Staff would suggest that the City Council endorse the above criteria as guidelines for evaluating wetland impact so that all projects can be treated in a fair and consistent manner. Supporting Reports: 1. Staff Report dated March 11, 1994 2. Planning Commission Minutes of March 14, 1994 3. Resolution for Comprehensive Guide Plan Change 4. Resolution for Preliminary Plat 3T• E • - I PURGATORY CREEK ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF PURGATORY CREEK ESTATES FOR POST CONSTRUCTION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Purgatory Creek Estates for Post Construction dated March 1 .1, 1994, consisting of 4.93 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 5th day of April, 1994. Richard T. Anderson, Acting Mayor ATTEST: John D. Frane, City Clerk PURGATORY CREEK ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Purgatory Creek Estates by Post Construction requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 2 acres from Open Space to Low Density Residential all located at 12381 Sunnybrook Road. ADOPTED by the City Council of the City of Eden Prairie this 5th day of April, 1994. Richard T. Anderson, Acting Mayor ATTEST: John D. Frane, City Clerk 1Z". E , - 3 PLANNING COMMISSION 7 March 14,1994 D. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres,Zoning District Change from Rural to R1-13.5 on 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. Barry Post,property owner,and Peter Knaeble,project engineer,reviewed the proposal. Knaeble said the project meets the requirements of the shoreland ordinances,has an 11% tree loss and they have reduced the proposed wetland fill to.3 acre. There is a 50-foot sanitary sewer easement on part of the property. Schlampp said he was concerned that we have already disturbed the wetlands with the sewer and now we are going to disturb it again. He said he does not like to fill wetlands. Uram said this issue is the primary one for discussion on this project;however,Staff believes that the project is reasonable and they have agreed to mitigate the wetland fill. Uram said another issue is the conservancy area which is encroached in one section. As a trade-off,Posts are giving Outlot A to the City for preservation. Lovene Russell, 12101 Sunnybrook Road,said she disapproves of filling in wetlands and that wetlands should be preserved. Scott Wallace, 12465 Sunnybrook Road,said this project will run into an area that is in a 100-year floodplain. He said the mitigation proposed is not in the same area,but is on the other side of Homeward Hills. He noted that the project will block the neighbors' view of the conservancy area. Lee Smith, 12500 Sunnybrook Road,asked who will monitor the development and how closely it will be monitored. She was concerned about the amount of fill as it seems to keep changing. She noted that the proposed Lot 4 is on the sewer easement. A discussion followed regarding the sewer system connections in the area. Smith said there were 90 loads of fill hauled in to the project in 1991 in violation of code that has not been removed despite the City's request to remove it. She said the land is used to stockpile construction garbage which is occasionally burned as"recreational" fires and there is a general disregard for ordinances and laws by the residents and owner of the property. Bob Classe, 12491 Sunnybrook Road,said he has concerns regarding possible water problems and problems with his septic system as a result of this project. Gerard Wersal, 12645 Sunnybrook, showed a picture of the fill that had not been removed. He said there is no similar cluster of homes along Sunnybrook and there have been no variances regarding the wetlands. He said the Metropolitan Council has recommended denial of the project and he thought the project should be redesigned so that there is no need for encroachment on the wetlands. Libby Hargrove, I2640 Sunnybrook Road,said this will increase the parking problems that now exist on Sunnybrook Road as well as increasing the traffic on the road. She said the land is adjacent to a City park which has a very small parking facility. She said parking on the sides of this narrow dirt road presents a traffic hazard for the residents. Dean Longsyo, 9448 Creekwood, said he owns the lot to the west of the project. He said the density of the project seems high,and he was concerned that there are no elevation drawings to see how it would affect his lot. He said he is also concerned about filling wetlands and about the sewer system. g, E — 4 PLANNING COMMISSION 8 March 14, 1994 At the request of Sandstad,Uram reviewed the regulations regarding wetland mitigation. He said mitigation is required for two times what they are filling and it must be done somewhere within the Watershed District. He said the approval process for projects involving mitigation is quite lengthy and there is ample time for public input. Knaeble noted that this project should not cause any more parking on Homewoard Hills Road and that the seven-lot project will be an improvement over the current rental property. He said the homes will be built by a first-class builder and that the entire development will be monitored by several governmental bodies because of the wetland issue. MOTION: Bauer moved,seconded by Kardell,to close the public hearing. Motion carried 6-0-0. Schlampp noted that,while he is opposed to filling wetlands,there are laws that say this is a possibility if it is done correctly and that the proponents are operating within the water conservation act. Wissner said she was concerned about where we stand if the homes are approved and then the homes develop water problems. She said she thought a couple of the homes could be eliminated to help keep problems from developing down the road. Kardell said she thought the homes would be an improvement over what exists there now She said she was disturbed that the concerns of the neighbors have not been addressed; however,those are not necessarily related to this project. She was concerned about possible inaccuracies in the staff report regarding the sewer connections and said she would prefer to see a less dense project. MOTION: Bauer moved,seconded by Clinton,to continue the request of Post Construction to the March 28, 1994 meeting. At this point,the proponents requested that the project go forward to the City Council. Bauer withdrew his motion with the consent of Clinton. MOTION: Bauer moved,seconded by Wissner,to recommend to the City Council denial of the request of Post Construction for Zoning District Change from Rural to R1-13.5 on 2 acres based on plans dated March 11, 1994,and subject to the recommendations of the Staff Report dated March 11, 1994. Motion carried 5-1-0 with Schlampp opposed. MOTION: Bauer moved,seconded by Wissner, to recommend to the to the City Council denial of the request of Post Construction for Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot based on plans dated March 11, 1994,. and subject to the recommendations of the Staff Report dated March 11, 1994. Motion carried 5-1-0 with Schlampp opposed. Ir. E. . - MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Barbara Penning Cross, Landscape Architect DATE: March 16, 1994 SUBJECT: Supplemental Staff Report to March 11, 1994 Community Development Staff report for Purgatory Creek Estates RECOMMENDATION: The park, recreation and natural resources staff recommend approval of this project based on this supplemental memo and the Community Development memo dated March 11, 1994. OVERVIEW: This project abuts the west side of Creekwood Park, which was built by the City in 1980. • The project meets all minimum requirements of the Shoreland Ordinance. • Tree loss is 11%, which is well below the goal of keeping tree loss to 30%. • A five foot concrete sidewalk is being extended along Sunnybrook Road the entire length of the property. • The Developer is dedicating Outlot A (approximately 2 acres) to the City. • The density of the project with 7 units is 1.45 units per acre. This is lower than the average development with a density of 1.75 units per acre in environmentally sensitive areas. • This project does not require any variances. ISSUES: This plan will impact an existing wetland area. Fill is proposed within the 100 year floodplain of the Purgatory Creek. The Watershed District regulates fill in these areas for flood storage when water levels are high. The fill is within the parameters set by the Watershed District. Approximately .4 acres of the wetland is proposed to be filled with this development. Mitigation is being proposed as per the current regulations. Off site locations are being explored for mitigation, which follows the standards as long as the mitigation areas are within the same watershed as the fill. The City has allowed fill in wetlands as long as the project has been approved by the Watershed District, which is the regulating authority for the Wetland Preservation Act. BPC:mdd STAFF REPORT TO: Planning Commission THROUGH: Chris Enger, Director of Community Development FROM: Michael D. Franzen, Senior Planner DATE: March 11, 1994 SUBJECT: Purgatory Creek Estates APPLICANT/ FEE OWNER: Brian and Barry Post LOCATION: 12381 Sunnybrook Road REQUEST: 1. Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres. 2. Rezoning from Rural to R1-13.5 on approximately 2 acres. 3. Preliminary Plat of 4.98 acres into 7 single family lots and 1 outlot. 1 E . - '7 jii VIft- I PRESERVE ' . ' inill Spo 40 . iiMili;! ::. !;Iiii ::g;.-:.1 Vitsli.4, k a WU .:::: ii:i :i:::iiiii: iiiiiiiiiiiii:i:::::ii: _____ it go .:.::: :.::::::::::::::::::::.::::!::::::::... .:.::.:.:............:: :::ti::, ::i :::iikii47 ::fr:i::: :::i::::i:i:::i: ri, e #4 aw • iii:: ::,:,:: :,:,:,:i,:,:,:,.• :,::::..,.,.:.,: ........ ::.:. ..*:::::i:::;::::.:::::i: -.-]:iiii::::i: 1 '4 IP* ^ �' LARK Ada / PI-: . tr. FA, Illowir # -•:...•:.:-•:•.•.•••••::..•.•.• * ,... . - •Y 'a?�:Jfi<iwT , . .. . 4 'y T � v P u 9; to Y . - -Tit • �l•' Est f ar.!..?_. :NivArMI 1 _ . II. 2 t 4.4. riv: , ') . ..AIII3111317411 ' rio3 E ME • all ig, ivr 1 "4,1 0 .,R 0 , t g: Pt Ir 4 q, . ,_ p...1.>: ,:::i-iFil:7..--ri No -440_, $7,-=',A° tz)k, W C.. c �� Ara ` PlOttB - 4111/ EDIM RAlL IP� tb'ad '� at �� CO. RD. O ', n r ROAD + 'a / k.:, :tin ..;i O • 11411_ _ :—�. • ` ROAD. -s‹ I,.:.F.t„scI:,1....;I10 eAi,r "11 d oca_ '�, DR1V ` r �• CR ..., o* . .i I ‘... _r �::>• 111'''(rijj1 ! lair tLD ... . - ;Ai'th *,STEM LANE x� -41/4 7,717L • i b •LiAG'c �a _ J Staff Report Purgatory Creek Estates March 14, 1994 COMPREHENSIVE GUIDE PLAN The Comprehensive Guide Plan designates this site for Low Density Residential and Open Space. The Open Space designation is currently on a portion of proposed lots 4, 5, 6 and 7, Block 1 and Outlot A. The Park and Recreation Department does not have plans for purchasing the property, since existing Park boundaries are defined. The Guide Plan should be changed to allow the property to develop. PRELIMINARY PLAT The preliminary plat depicts the subdivision of 4.9 acres into 7 single family lots and 1 outlot. All of the lots meet the minimum requirements of the R1-13.5 zoning district. SHORELAND ORDINANCE Since this land is within 300 feet of the center line of Purgatory Creek, provisions of the Shoreland Management apply. Lots 3, 4 and 5 are abutting lots since they are within 100 feet of the center line of the creek. The Shoreland Ordinance requires a minimum lot size of 13,500 square feet, a 100 foot setback from the creek, and a 120 foot lot width at the rear building line. All of these lots meet the minimum requirements of the Shoreland ordinance. GRADING IMPACTS Grading will impact trees and an existing wetland area. There are 853 caliper inches of trees on site. Tree loss is calculated at 98 caliper inches or 11%. This compares favorably with the City's goal of keeping tree loss to less than 30%. Tree replacement required is 14 caliper inches. Grading will place fill in the 100' year flood plain. This is subject to Watershed District approval. Allowable fill is 2240 cubic yards. The proposed fill is 1560 cubic yards. The lowest walkout floor elevation at 814.3 meets the required 2 foot above the 812.3 flood elevation. Grading will also impact an existing wetland. Approximately .4 acres is proposedio-belffled on Lots 3, 4, and 5. Mitigation is not proposed on this site. The Devela ProPosing to acquire land within the Watershed to create a wetland mitigation site. The Wetlands Preservation Act requires that the City first •,•k " It ther Clot wetland fill can be avoided. Wetland fill could be avoided by drop lots from the project and shifting the cul-de-sac and the remaining lots further to the r out of the wetland area. This will 2 I Staff Report Purgatory Creek Estates March 14, 1994 result in a density of approximately 1 unit per gross acre. This compares with the average R1- 13.5 density in environmentally sensitive areas of 1.75 units per acre. The density of this project is 1.47 units per acre. Part of this wetland was previously disturbed with the construction of the Metro Waste Control sewer. Staff believes that the wetland fill is reasonable based upon the following factors: 1. Low density of the site at 1.47 units per acre. 2. Low tree loss at 11%. 3. Wetland mitigation provided off-site, but within the Watershed. 4. The disturbed wetland area is bounded by a sanitary sewer easement on the south. No land closer to the creek is being disturbed. 5. Approximately 2 acres of land (Outlot A) would be gifted to the City. UTILITIES City sewer and water is available by connection to existing facilities on Sunnybrook Road. The Developer will extend a full width of the road to Carmel Court. Sunnybrook Road to the west would be constructed to City standards when adjoining property is developed in the future. Storm water runoff is proposed to drain from the cul-de-sac into a NURP pond before discharge into Purgatory Creek. SIDEWALKS A five foot wide concrete sidewalk is required to be built along the south side of Sunnybrook Road. The plans should be revised accordingly. CONSERVANCY AREA PURGATORY CREEK In 1975 Purgatory Creek Open Space plan depicted a Conservancy Area across lots 3, 4, and 5. The Conservancy Area is described as a "no-build zone". For the most part, Eden Prairie has prohibited development from occurring within the Conservancy Area of a creek, but has on 3 V. E . - 10 • Staff Report Purgatory Creek Estates March 14, 1994 occasion modified the conservancy area line when there are good reasons to do so. In the Bluestem Hills and Village Knolls projects the City approved trading better land outside the Conservancy Area for land inside the Conservancy Area. This project does not have excess land to trade, but City ownership of the Conservancy Area could be a mitigating reason. CONCLUSI N Since the Park and Recreation Department is not recommending a purchase of the property for Park purposes, the Comprehensive Guide Plan should be modified to Low Density Residential. Since the project meets City codes, the decision to approve, or not approve, rests on if it is a reasonable use of the property. This will depend on your opinion of the site impacts. Staff believes the low density plan with minimal tree impact and some wetland encroachment is a reasonable use of the property. Wetland mitigation is provided off-site in accordance with the Wetland Preservation Act. The gift of Outlot A to the City, is a mitigating measure for encroachment into the Conservancy Area of Purgatory Creek. STAFF RECOKMENDATIoN The Staff presents the Planning Commission with the following alternatives: I. If the Planning Commission believes that the project is in compliance with City Code and represents a reasonable use of the property, with minimal impacts on site features, then one option would be to recommend approval of the Comprehensive Guide Plan Change, Rezoning and Preliminary Plat based on plans dated March 11, 1994, based upon th ' Staff Report dated March 11, 1994, and subject to the following conditions: 1. Prior to City Council review, the proponent shall: A. Submit a tree replacement plan for 14 caliper inches. 2. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plat review by the Watershed District. B. Submit detailed storm water runoff, utility and erosion control pli review by the City Engineer. 4 31-, E . - 11 Staff Report Purgatory Creek Estates March 14, 1994 3. Prior to building permit issuance, the proponent shall: A. Pay the appropriate cash park fee. 4. Prior to grading permit issuance, proponent shall: A. Apply for and receive permits allowing wetland encroachments from the Riley-Purgatory Watershed District and the U.S. Army Corps of Engineer. Submit copies of the permits to the City for review. B. Stake the proposed construction limits with the snow fence. Notify the City and Watershed District a minimum of 48 hours in advance of grading so that erosion and construction limits may be field verified. II. If the Planning Commission believes that the development of the property has a significant impact on the site's natural features, then one option would be to continue the item and direct the proponent to revise the development plan to reduce or eliminate the wetland fill. 5 ST 0, MAR 3 3 1994 DEPARTMENT OF THE ARMY ye Tr' ST.PAUL DISTRICT,CORPS OF ENGINEERS I i p '''; 4i. 190 FIFTH STREET EAST ST.PAUL,MINNESOTA 55101-1698 March 1, 1994 REPLY TO ATTENTION OF Planning Branch Engineering and Planning Division Mr. Mike Franzen Senior Planner Community Development Department City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Dear Mr. Franzen: Your memorandum of February 7, 1994, requested our review of a development plan for Purgatory Creek Estates, Tract G, RLS #751, Eden Prairie, Hennepin County, Minnesota. No St. Paul District real estate or current projects would be affected by the proposed work. You should check with the State Historic Preservation Office at the Minnesota Historical Society regarding cultural resources sites in the area. The Corps of Engineers is responsible for granting permits for the placement of fill material in wetlands or waterbodies of the United States (Section 404 permits) . The proposed action is covered by permit 92-01811-1P- JJY. The applicant has requested a modification of the original permit, however, because the new plan involves 0.4 acre rather than the authorized 0.17-acre wetland fill. Therefore, a new public notice is necessary. The applicant is aware of this requirement. Any questions about the permit requirements should be addressed to the Regulatory Branch, St. Paul District, Corps of Engineers, 190 Fifth Street East, St. Paul, Minnesota 55101-1638 (Mr. Joe Yanta, 290-5362) . Sincerely, Robert F. Post, P.E. Chief, Engineering and Planning Division E . - 13 . DEPARTMENT OF THE ARMY ST.PAUL DISTRICT,CORPS OF ENGINEERS ARMY CORPS OF ENGINEERS CENTRE 190 FEN STREET EAST ST.PAUL,MN 55101-1638 FEB 2 8 1994 Construction-Operations Regulatory (92-01811-IP-JJY) Mr. John Brian Post Post Construction Company 8911 York Circle Bloomington, Minnesota 55431 Dear Mr. Post: This is the validated copy of your Department of the Army permit. Please be advised that the authorization hereby granted for the proposed project (now known as Purgatory Creek Estates) is contingent on your compliance with all conditions stated in the permit and its attachments. These conditions limit the authorized wetland encroachment to 0.17 acre and do not allow any work in the wetland until you receive written approval from our office for the final grading plans for the building site and mitigation area. We have also received your request for review of a new plan that involves an additional 0.14 acre of wetland fill and 0.06 acre of wetland encroachment for construction of a NURP pond. These changes would increase the total area of wetland encroachment to 0.37 acre. The new plan also proposes additional wetland mitigation, but we have not received specific plans for this feature. The new plan requires us to issue another public notice and to conduct a second public interest review. The new proposal also requires us to look again at the question of alternatives to the wetland encroachment. Approval of the previous plan was predicated on minimal wetland fill, construction of a storm water pond outside of the wetland, no additional wetland impacts, and special conditions intended to protect the environment. our February 10, 1994, letter explained that the public interest review for the original proposal revealed concerns about averse impacts of the proposed project. It seems likely that the greater wetland encroachment of the new proposal will generate similar but greater concerns. You have already indicated that you will provide additional information on the need for the additional wetland encroachment, the economic feasibility of the proposed project and other alternatives that involve less encroachment, the need for and alternatives to the NURP pond in the wetland, and additional proposed mitigation. Although this information may not be necessary for a new public notice, it will be necessary for our review of the project. -2- If our public interest review indicates that the proposed changes or other modifications are acceptable, we can modify the validated permit or issue a new permit. If our public interest review indicates that the modifications are not acceptable, you may still construct the authorized project (within the limits established by the permit conditions) . We have included a two-part card, postage-paid, and addressed to us. Half of the card is to be returned when the authorized work is begun, and the other half when it is finished. Please note that, although you can begin work on the authorized project once we have approved the final grading plan, you may not do any additional work in the wetland without authorization. To protect your own interests, you should also not make any commitments that depend on additional, unauthorized work in the wetland or that would preclude alternatives to the additional work. This Federal authorization does not permit you to commence the proposed activity without first obtaining any necessary State and/or local permits. If you have any questions, call Joe Yanta at the Corps at (612) 290-5362. Sincerely, James T. Scott Colonel, Corps of Engineers District Engineer Enclosures Copy furnished (without enclosures) : Mr. Michael Franzen Senior Planner City of Eden Prairie Community Development Department 8080 Mitchell Road • Eden Prairie, Minnesota 55344 It nn�SnTATE OF U [EZ0cr . , DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 7 7 2-7 910 FILE NO. February 22, 1994 Mr. Mike Franzen, Senior Planner City of Eden Prairie Community Development Department 8080 Mitchell Road Eden Prairie, MN 55344 RE: PURGATORY CREEK ESTATES, PURGATORY CREEK, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Franzen: We have reviewed the site plans (received February 8, 1994) for the above-referenced project (Section 23, T116N-R22W) and have the following comments to offer: 1. Purgatory Creek, a Public Water, is on the proposed site. Any activity, such as placing a stormwater outfall, below the top of the bank of the channel of Purgatory Creek which alters its course, current or cross-section, is under the jurisdiction of the DNR and may require a DNR permit. 2 . It appears that the stormwater is routed through a NURP pond, which is good. We would object to having the stormwater routed directly to Purgatory Creek. 3 . The 100-year flood elevation of Purgatory Creek appears on the plans, which is good. All the work that is done for this project must comply with applicable floodplain regulations of both the city and the Riley-Purgatory-Bluff Creek Watershed District. 4. Purgatory Creek has a shoreland classification of Tributary. The shoreland district extends 300 feet from the top of the bank, or the width of the floodplain, whichever is greater. The development must be consistent with the city shoreland management regulations. In particular you should note: a.. . The vegetation and topography- should be retained . in a natural state in the shore impact zone. The minimum shore impact zone is a 25' strip along both sides of the creek. b. Less than 25% of the area of each lot should be covered with impervious surface. AN EQUAL OPPORTUNITY EMPLOYER Mr. Mike Franzen, Senior Planner February 22, 1994 Page 2 c. The structures in the development should be screened from view from Purgatory Creek using topography, existing vegetation, color, and other means approved by the city. 5. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 6. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. You are advised that it typically takes approximately 60 days to process the permit application. 7. It appears there are wetlands on the site that are not under DNR jurisdiction. The U.S. Corps of Engineers (Joe Yanta @ 290-5362) should be consulted regarding pertinent federal regulations for activities in wetlands. In addition, impacts to these wetlands must be evaluated by the Riley-Purgatory- Bluff Creek Watershed District (Raymond Haik @ 334-2609) . in accordance with the Minnesota Wetland Conservation Act of 1991. 8. Construction activities which disturb more than five acres of land are required to apply for a stormwater permit from the Minnesota Pollution Control Agency (Scott Thompson @ 296- 7203) . Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Joe Richter Hydrologist c: Raymond Haik, Riley-Purgatory-Bluff Creek Watershed Joe Yanta, U.S. Corps of Engineers Eden Prairie Shoreland File Eden Prairie Floodplain File Purgatory Creek File City of Eden Prairie --tc = 1 =; r' City Offices , c; 7600 Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262 -- •- - • - - - - October 21, 1991 NOVEfABEK lc{) 19Q I Fk0 1 j EKE) L°AD p, ►Og et r)TR'l)Llu bL, 1P TI UCK REMOVE FILL fir Mr. Barry E. Post I i i 3 0 /1,tit _ teak .bcc itt 12381 Sunnybrook Road ,t Eden Prairie, Mn 55344 t.a.ii Taft T `„ Dear Mr. Post: • This letter is written to inform you that you are in violation of City Code 11.55, land alterations without a permit. I have met with you several times regarding the fill imported and stockpiled at 12381 Sunnybrook Road. Each time I have specifically explained the City's requirement for a land alternation permit and explained other options available to you, i.e., obtaining a demolition permit for the barn foundation and using the stockpiled soil as a backfill material. Our most recent correspondence was a letter you wrote, which I enclose, that states you will have the fill removed by October 2, 1991. To date, the fill has not been removed, nor has any attempt been made to do so. In an attempt to resolve this situation with a reasonable alterative to removal of the stockpile, I suggest the following: 1. Regrade the soil stock pile to level soil piles and "blend" stockpile to match existing ground, while minimizing any disturbed areas as much as possible. 2. Spread minimum of 4" of topsoil over stockpile. 3. Dormant seed all disturbed areas and cover with disc anchored straw mulch. I feel that this alternative meets the interests and intent of you as well as the City. Please be advised that either the above alternatives must be completed, or the stockpile removed from the property by November 1, 1991 or the City may take legal action. Sincerely; n � Jeffrey Johnson N Engineering Technician JJ:ssa Dsk.JJ.BARRY-PO.ST cc: Mr. Bob Obermeyer, Riley Purgatory Creek Watershed District Mr. Roger Pauly, City Attorney Mr. Alan Gray, City Engineer -�- E. . _ �$. April 5 , 1994 To: Eden Prairie City Council From: Scott Wallace Re: Purgatory Creek Estates . Identifying areas of concern on the proposed plat in an environmentally sensitive area. Primary Issues: 1 . Avoidance? Wetland impacts could be avoided. Feasible, less environmentally damaging alternatives are available that would preserve wetland functions and values on the site and adjacent properties . The Planning Commission asked the developer to consider a continuance to revise the preliminary plat, this was refused. Post Construction insists that all seven lots are necessary to develop this land as a profitable venture. 2 . Mitigation, where? Wetland impacts cannot be mitigated on site. At 2: 1 replacement, 0 .6 acre will be required. No final approved plan or location to accomplish this is provided. 3 . 100 yr. Flood Elevation? The majority of the Post property lies below the existing 812 . 3 floodplain elevation. Over 50% of this land is a wetland (see overlay) . This blue area would be "Outlot A" normally "gifted" to the City because it is "undevelopable" . About 1/3 of this area is now "taken back" to get sufficient square footage for lots 3 ,4 ,5 and 6 . The wetland fill is required so the house pads alone are 2 ' above the flood elevation of 812 .3 in the wetland. It is likely that homeowners on lots 3 ,4, and 5 will request variances or cause additional wetland impacts for decks , patios , gardens. . . 4 . Storm Water Runoff- NURP location? Calculations for the volume and velocity of runoff and the size of the pond not on the plan. The location of the NURP not shown upland. No such location exists on-site that would provide upland treatment of stormwater runoff before direct discharge into the wetland. 5 . Area of wetland Impact? At 10% , that is more than double the 4% allowed at Bearpath which covers 420 acres and 28 individual wetland basins . A buffer strip and setback from the wetland boundary were also provided to protect water quality. No such provisions to protect edge vegetation within 25 ' of the high water mark of the wetland on this plan. April 5 , 1994 page 2 6 . Appropriate density? Since over 50% of the land is below the 100 yr. flood elevation, and lot 3 ( 50% ) , lot4 ( 95% ) , lot 5 (95% ) , and lot 6( 20% ) , is it appropriate to calculate the density based on Gross acreage? Gross= 1 .45 units per acre while Net= 3 .5 units per acre . 7 . Lowest ground floor elevation? Since the existing 100 yr. flood elevation is 812 .3 ' before every land owner within the reach is allowed to fill that would cause a 0 . 5" rise to 812 .8 ' , shouldn 't the lowest ground floor elevation be 814 .8 ' or 2 ' above that elevation? 8 . Topography. The Purgatory Creek Valley east of Homeward Hills Road is verysteep p and homes built along the Creek are high above the Open Space Corridor providing little impact to wildlife. The Sunnybrook Road area is broad and flat, easily accessible to people and pets that will heavily impact wildlife. A well established deer trail would be within 100 ' of homes on lots 3 ,4 and 5 . Any trail along the creek would be within 1.00 ' and there would be no upland passage when the floodplain is flooded. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-5-94 SECTION: PUBLIC HEARINGS ITEM NO. Q• "F DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger PIONEER RIDGE Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt an Ordinance for Zoning District Change from Rural to R1-13.5 on 6.9 acres. • Adopt a Resolution for Preliminary Plat on 6.9 acres into 17 single family lots. The effect of the City Council action would allow the development of 17 single family lots, Zoned R1- 13.5. The project was first reviewed at the March 14th Planning Commission Meeting. The Planning Commission directed the proponent to revise the development plans to eliminate direct access to Corral Lane. At the March 28, 1994 meeting, the Developer submitted a revised development plan for 17 lots, with no access to Corral Lane. The Planning Commission recommended approval of the revised plan. Supporting Reports: 1. Staff Report dated March 11, 1994 2. Staff Report dated March 25, 1994 3. Planning Commission Minutes of March 14, 1994 3. Resolution for Preliminary Plat W. - 1 PIONEER RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF PIONEER RIDGE FOR R. H. DEVELOPMENT, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Pioneer Ridge for R. H. Development, Inc. dated March 31, 1994, consisting of 6.9 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 5th day of April, 1994. • Richard T. Anderson, Acting Mayor ATTEST: John D. Frane, City Clerk 3Z-. +7 - L PLANNING COMMISSION 6 March 14, 1994 C. PIONEER RIDGE by R. H. Development, Inc. Request for Zoning District Change from Rural to R1-13.5 on 6.9 acres and Preliminary Plat on 6.9 acres for 16 single family lots. Location: Mitchell Road and Pioneer Trail. John Helmer,the project developer,reviewed the request for 16 single family lots. Uram said they have met with Centex Homes and are trying to coordinate the development of all three projects in this area in order to design the street connections. Schlampp asked what price the homes will be. Helmer said they will probably be $200,000 and up. Al Krause, 15911 Cedar Ridge Road, said he was concerned about traffic that will now be channeled onto Corral Lane which is only a 24-foot road. Sandstad asked about the status of the Sandy Pointe and McGraw developments. Uram said Sandy Pointe is almost complete, but McGraw's property is still being used as a business and is not anticipated to be developed in the near future. Wissner asked if it would be necessary for the road to go through to Corral. Uram said he thought it would provide a benefit to the Corral Lane neighborhood since it would provide an additional access route for the area. Ryan Gideon, representing Centex Homes, said they are involved in the project to the west of this one and they would like to have the road connecting to their development shifted to the north in order to provide their project with a better layout for development. Helmer said they would have no difficulty with that. Jennifer Schroer, 15820 Corral Lane, said she was very concerned about the increased traffic that would occur on their street if a street is put through to Corral Lane. She said they like it as a cul-de-sac and would prefer to have another row of single family homes along the north edge of the project. Bob Waldron, 15710 Corral Lane, said he thought it was important to maintain the integrity of their neighborhood and that he did not believe any of the neighbors wanted access to County Road 1. Ken Lindeman, 15901 Corral Lane, said he is satisfied with the way traffic flows now. He said he was concerned about a natural waterway on one of the lots. Kathy Lindeman, 15901 Corral Lane, said the lot with the water problem received a variance so that the house could be put closer to the lot line in order to avoid an area with a drainage problem. "Z. 4 - 3 Bauer said he didn't see that the configuration of this parcel lends itself to anything other than what is proposed, and there does not seem to be another answer regarding the roadway through. Wissner said she thought the two accesses to County Road 4 seem to be very close together. Uram said the access point to County Road 4 is set due to the construction on that roadway. Schlampp said he thought a lot of concerns could be addressed by making the street through the project a cul-de-sac and widening it. Uram said that if it ends in a cul-de-sac, variances will be required because of the width of the lots. Sandstad asked if there is any possibility of removing the connection to the Centex project. Uram said he would not recommend that. Kardell said a cul-de-sac is usually used in circumstances where we are trying to preserve certain natural features. She said she would favor anything that improves the traffic circulation in neighborhoods. Clinton said he is concerned with the integrity of the Commission if we now reverse our opinion and recommend a connection into the cul-de-sac that we previously recommended should be a cul-de-sac. Uram said that Staff originally recommended that the street be pushed through and that the concerns then were for through traffic from Mitchell Road to County Road 4. Sandstad noted that if the road out to the west is moved to the north, the cul-de-sac would be reduced. He said he thought we should take another look at this situation and see if it can be improved upon. Uram said the Commission needs to make a decision on whether a through street is necessary because the developer put that on at the recommendation of Staff. Uram said he thought it could be worked out without a cul-de-sac and suggested that the project be scheduled for the City Council, but have it continued for two weeks for Planning Commission review of revised plans. MOTION: Bauer moved, seconded by Clinton, to continue the public hearing to the March 28, 1994 meeting and to publish the project for the City Council meeting on April 4th. Motion carried 6-0-0. -F - STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Community Development DATE: March 25, 1994 SUBJECT: Pioneer Ridge APPLICANT: Ron Helmer FEE OWNER: John D. Nagel and Arlene Joanne Nagel LOCATION: East of the Intersection of Pioneer Trail on County Road 1, South of Corral Lane REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 6.9 acres. 2. Preliminary Plat of 6.9 acres into 17 single family lots. 1 . -F. 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REVISED PRELIMINARY PLAT The revised preliminary plat eliminates the connection to Corral Lane. With less road needed for access, one additional lot was possible, making this project a 17 lot subdivision. All of the lots meet the minimum dimensional and square footage requirements of the R1-13.5 Zoning District. STAFF RECOMMENDATIONS The Community Development Staff would recommend approval of the request for rezoning from Rural to R1-13.5 and Preliminary Plat of 6.9 acres into 17 lots based on plans dated March 25, 1994 and subject to the recommendations of the Staff Report dated March 25, 1994 and subject to the following conditions: 1. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review by the City Engineer. B. Submit detailed storm water runoff, utility, and erosion control plans for review by the Watershed District. 2. Prior to building permit issuance, the proponent shall: A. Pay the appropriate cash park fee. B. Submit detailed plans for review by the Fire Marshal. • - r7 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Community Development DATE: March 11, 1994 SUBJECT: Pioneer Ridge APPLICANT: Ron Helmer FEE OWNER: John D. Nagel and Arlene Joanne Nagel LOCATION: East of the Intersection of Pioneer Trail on County Road 1, South of Corral Lane REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 6.9 acres. 2. Preliminary Plat of 6.9 acres into 16 single family lots. 1 '7 ; I _ 1-. = +s1 ,kl - • 1 mit iiii* *--:::::::::::4104111rrim.Air.. . ..44-Fie • Lix...11nw . :les -::iiii:::11/ a, w - --- lkii" 411; ' ' . ..,... 1W4iiiii:.:::i i ii: f il 1 1 tr, 16 111111Z11.1.41%.,111101:::::*:;fie!::i::: ./.::,: �_� _ driliS . 1P' scEVOC. 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Ini1 ' i ii..•: 5 Ilj 5 1V4 lli ..„:,- :....,...________...„ . ft ;- al Pioneer Ridge c T, / __� - . 4MPlifiri - Niftit&o 411,1 411111•404r, I HILLTOP Re /fX 71 i T.... i T VAL L 6 Staff Report Pioneer Ridge March 11, 1994 BACKGROUND The Comprehensive Guide Plan depicts this site for a Low Density Residential land use for up to 2.5 units per acre or a total of 15 units. Surrounding properties are also guided Low Density Residential. The site is currently zoned Rural. PRELIMINARY PLAT The preliminary plat depicts the subdivision of 6.9 acres into 16 lots at a density of 2.31 units per acre. All of the lots meet the minimum requirements of the R1-13.5 Zoning District. ROAD CONNECTIONS AND ADJOINING LAND USES The attached road layout, prepared by the Engineering Department shows a road layout for the area. The land to the east is shown as single family (currently guided Low Density) and the land to the west is planned to be developed as townhouses by Centex Homes at about 5 units per acre. This will require a Guide Plan Change since the site is currently guided Low Density Residential. GRADING The site is relatively level and no significant trees exist on the property. No tree replacement is required. UTILITIES Sewer and water service is available along Pioneer Trail. A NURP pond is constructed along Pioneer Trail to pretreat storm water before leaving the site. STAFF RECOMMENDATIONS The Community Development Staff would recommend approval of the request for rezoning from Rural to R1-13.5 and Preliminary Plat of 6.9 acres into 16 lots based on plans dated March 11, 1994 and subject to the recommendations of the Staff Report dated March 11, 1994 and subject to the following conditions: 1. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review by the City Engineer. B. Submit detailed storm water runoff, utility, and erosion control plans for review by the Watershed District. 2 Staff Report Pioneer Ridge March 11, 1994 2. Prior to building permit issuance, the proponent shall: A. Pay the appropriate cash park fee. B. Submit detailed plans for review by the Fire Marshal. 3 • - II 1 . . . (7.53) • '‘ • ' ,z ?"'99 / \ . 1 9."'T3 t g3 ..g.• (10) S. R.•63. .....- 0 15:.2., 165 .7.i 5 ' ''' '4.92'• '.. ::.9"\.- 2 ::'... ,,:::: • .64 28 1 _ ..:..' 8 i . _ .. 93.1•05.Q7 ....... (9) i . ' .49,-a •1,23, •• ,. ,:6, • t •r..4.' Plit• •, 17 t o dt 1.-- 'T..”, ''.7 ;.,•'' 7 f7...' -. '11! 4'';',. .-..' ..:k- '''''.6., .. '...• ..•.••• F - (5) g (5) ou4 •. (20) .111.7 :<0' ' ' S .. (5) '''• . A ;' (35) g 1, ; F.; (7) \ •••ti..' 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ID 9. .'s I o ad Layout and Land Use .".,...„s :•: .„ 15 (6'• I ; "Pa. •,.' ...;"---e...„1,,, „:........... ,.. 03-14-94 04:36PM FROM WHEATON COLLEGE TO 916129498390 P002 Sines 1R6Q Fur Quin m ollegge W HEATON,I LLINOIS 60187.3593 INVESTMENT DEPARTMENT rwmcr:OF LEGAL COUNSEL 708/752.5127 March 14, 1994 Mr. Don Uram City of Eden Prairie Planning Department 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Pioneer Ridge Development Dear Mr. Uram: Thank you for providing a copy of your staff report to the Planning Commission concerning the Pioneer Ridge Development. As you are aware, this proposed development is located adjacent to property owned by Wheaton College and Ernest Hone. We have a contract pending for the sale of ouc property to Centex Homes for the development of townhomes. Wheat:on College strongly objects to the proposed public street connection between our property and the Pioneer Ridge property. Our objection is based upon the belief that the public street would significantly impede the development of our property for townhomes as proposed by Centex Homes. This objection is based upon the following reasons: 1) Connection between the Wheaton/Centex property and Pioneer Ridge Development is not necessary. Centex proposes to build GO to 65 townhouse units on our property which is a reasonable number to service from one access point. 2) The proposed road and accompanying setbacks substantially reduces the number of townhouse units potentially developed On our property thereby increasing the cost of development and eventual cost of the townhomes_ 3) Any public street connection will limit the size of the proposed storm water ponding located along the northern boundary of our property. I am told that the storm water ponding is desired by the city engineering department. 4) The proposed public street diminishes the privacy of the planned Wheaton/Centex townhouse development thereby making the townhomes less desirable from a marketing standpoint. 5) The proposed public street is a connection between dissimilar use properties (townhomes and single-family homes) _ This is a detriment to both developments. 03-14-94 04:36PM FROM WHEATON COLLEGE TO 916129498390 P003 Mr. Don. Uram March 14, 1994 Page 2 If connection between the Wheaton College/Centex property and the Pioneer Ridge Development is essential, the connection should be located as far north as practical (330-350 feet south of north property line) in order to allow for efficient development of the Wheaton College/cent_px property. In conclusion, we ask the city planning department to revise the road layout and land use plan for the Pioneer Ridge Development to eliminate the proposed connection between the two sites. Thank you very much for your consiaeration in this matter. Sincely /- Kenneth C. Larson Investment Manager cc: Dan Blake, CENTEx KCL/mah EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 4-5-94 SECTION: PUBLIC HEARINGS ITEM NO. a. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger RICHARD THOMPSON ADDITION Don Uram Requested Council Action: The Staff recommends that the Council take the following action: • Resolution for Preliminary Plat on 1.4383 acres for two lots. Background - Planning Commission Action: The Planning Commission recommended approval (5-1) of the plan at the March 14th meeting with the condition that the Engineering Staff review the drainage problem experienced by several Country Glen homeowner's. Their primary concern was how the runoff from a single family home site would affect the drainage in the area and make the problem worse. It was reported that the proposed house is not expected to be constructed for several years and that the runoff from this house should not effect them. Supporting Reports: 1. Staff Report dated March 11, 1994 2. Planning Commission Minutes of March 14, 1994 3. Resolution for Preliminary Plat 4. Correspondence RICHARD THOMPSON ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF RICHARD THOMPSON ADDITION FOR RICHARD THOMPSON BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Richard Thompson Addition for Richard Thompson dated March 10, 1994, consisting of 1.4383 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 5th day of April, 1994. Richard T. Anderson, Acting Mayor ATTEST: John D. Frane, City Clerk r PLANNING COMMISSION 4 March 14, 1994 B. RICHARD THOMPSON ADDITION by Richard Thompson. Request for Preliminary Plat on 2.215 acres into 2 single family lots. Location: 6387 Craig Drive. Uram said this is a proposal to relocate the lot line so that Mr. Thompson can sell his existing home and build an additional house at the bottom of the hill. Thompson has purchased a lot on Chandler Court in order to provide access to the building pad. Uram said there is a drainage and utility easement along the north edge of the lot off Chandler Court which is meant to protect the wetland area. Bob Fetterman, 6359 Country Road, said he owns an adjacent site next to the wetlands area. He said his back yard is under water now,and this home will drain even more into his backyard. Doreen Seal, 6368 Chandler Court, said there has been no maintenance on the Chandler Court lot in the past three years so she was concerned about what it will look like after development. She said she is also concerned about the lowland area for the driveway and if there will be a culvert under the driveway to help the drainage. She said there is a need for a street light there. Joseph Pobiel, 6360 Chandler Court, said half of his backyard is underwater, and he is concerned that more water will run off from this project onto his property. He was also concerned that the unused portion of the property would be maintained. Uram said the amount of runoff from a single family home will be negligible compared to the drainage problems that have been described. Uram asked if the neighborhood had talked to the Engineering Department about the drainage problems in the area. Fetterman said they have been told several stories about the drainage situation, and noted that they have tried to drain it,but it doesn't seem to work. Bill Putnam, 6411 Craig Drive, asked if the extra lot will be developed and the woods cleared. Thompson said he has not been able to maintain the property because it is wet and that he will not clear the woods on the lot. Bea Oertel, 6371 Country Road, said she had water backed up three inches by her house and that the drainage is a big problem. Bauer said he was uncomfortable with the idea that there was a project before this one that created a substantial problem. He said Staff should take a look at the other development to see what is causing the drainage problems. Uram said that is an issue that needs to be addressed; however, it is above and beyond the consideration of this subdivision. Sandstad asked if this proposal will have an impact on the drainage of this area that has a problem already. Uram said runoff from a single family home will not have an impact. 4 Bauer said he didn't see that the configuration of this parcel lends itself to anything other than what is proposed, and there does not seem to be another answer regarding the roadway through. Wissner said she thought the two accesses to County Road 4 seem to be very close together. Uram said the access point to County Road 4 is set due to the construction on that roadway. Schlampp said he thought a lot of concerns could be addressed by making the street through the project a cul-de-sac and widening it. Uram said that if it ends in a cul-de-sac, variances will be required because of the width of the lots. Sandstad asked if there is any possibility of removing the connection to the Centex project. Uram said he would not recommend that. Kardell said a cul-de-sac is usually used in circumstances where we are trying to preserve certain natural features. She said she would favor anything that improves the traffic circulation in neighborhoods. Clinton said he is concerned with the integrity of the Commission if we now reverse our opinion and recommend a connection into the cul-de-sac that we previously recommended should be a cul-de-sac. Uram said that Staff originally recommended that the street be pushed through and that the concerns then were for through traffic from Mitchell Road to County Road 4. Sandstad noted that if the road out to the west is moved to the north, the cul-de-sac would be reduced. He said he thought we should take another look at this situation and see if it can be improved upon. Uram said the Commission needs to make a decision on whether a through street is necessary because the developer put that on at the recommendation of Staff. Uram said he thought it could be worked out without a cul-de-sac and suggested that the project be scheduled for the City Council,but have it continued for two weeks for Planning Commission review of revised plans. MOTION: Bauer moved, seconded by Clinton, to continue the public hearing to the March 28, 1994 meeting and to publish the project for the City Council meeting on April 4th. Motion carried 6-0-0. Y STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Planner THROUGH: Chris Enger, Director of Planning DATE: March 11, 1994 SUBJECT: Richard Thompson Addition APPLICANT/ FEE OWNER: Richard Thompson LOCATION: 6387 Craig Drive REQUEST: 1. Preliminary Plat of 2.215 acres into 2 single family lots. 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R 3 s" a (32) (29) (�) 1.1 • 1T).11 •�. _ e '��•7f 9J ,:., y. �. SD/:0 `6 1N9'n•pT.e .. ' 9S 205 I 1%ed _ �.9J•;T •99.77 C8.13 .;1.T. lel 105110.07 " .7 g (79) NSS'CS'IJ'ey'>> � :se.:l 1W.U/ 110.37 '0 10 1 a T S(80) 1,;:• ~• l'031) SD%) 272 599.19.6•[ 30 161(5381E. (50) (591) Rn 3 9 (in A 97.7 95.75 199.03 (23) a - 7 8 1 ti 1 fl6.s 8) 8 71..99 �. Je :ry �� (2 ) (191 F �(6) DANIEL M �:3..39 n(� , 3 1 u 13 17 G S ..i 11007 n0]7 . 1ro 07 h 0.9'•'a7: D Pj7 .76+.50 19., p. $ ( !(72) !(71) 2(7o)1 P e 4 (62) a 67 >: ..4 MANOR RD N �7..s• 30 99 96 79..37 3 :* ,. I90 '''1Q S Gt : ' :: .3 (41. Vt. . ( 1 ,3('5 8 a. 19 , 'a. zoo,* - U5) _ (17) _I (41 Z. i(91 1 t (17) e > \ (55)IV 't _ e , I 3 _ e.. )� u X e F6 4 - (:5) -I- ' (16) _` 5' I ;�` 6.7.... 6 8 (697) 2 I� a M- (75) a� 9 .q! J 195 (15) LOCATION MAP V ' SITE PLAN/PRELIMINARY PLAT This site is designated on the Eden Prairie Comprehensive Guide Plan for development as a low density residential land use. The adjacent properties are also guided for low density residential. Previously subdivided as Lot 4, Block 1 Stenehjem Addition and Lot 2, Block 3 Chatham Wood Addition, the proponent is requesting a replat of these lots to move the lot line for the construction of one single family home. Lot sizes within the subdivision range from a maximum of 58,893 square feet to a minimum of 37,592 square feet. Both lots meet the minimum requirements of the R1-13.5 zoning district. Access to Lot 2 will be provided off of Chandler Court by a driveway to serve the proposed home. Staff recommends that the driveway be revised from its current width of 9 feet to reflect a minimum width of 12 feet. The existing Lot 2, Block 3 Chatham Wood Addition has an existing low-lying area north of the proposed driveway. Staff recommends that a drainage and utility easement be placed over this area for preservation. GRADING Elevations on the site range from a high point of 942 on Lot 1 next to existing home on Craig Drive to a low point of 886 next to Chandler Court. The site slopes in a easterly direction toward Chandler Court. All of the grading necessary on the site is to construct the home and driveway on Lot 2. When this house is constructed, erosion control measures must be taken to limit any runoff. UTILITIES Utility service is available to the proposed house on Lot 2 by connections made to the existing water line and sanitary sewer line located within Chandler Court. STAFF RECOMMENDATIONS Staff recommends approval of the request for a preliminary plat of 2.215 acres into 2 single family lots based on plans dated March 10, 1994 and subject to the Staff Report dated March 11, 1994 and subject to the following conditions: 1. Prior to final plat approval, the proponent shall revise the plat to include a drainage and utility easement over the low-lying area of proposed Lot 2 north of the driveway. 2. Prior to building permit issuance, proponent shall pay the cash park fee. 2 STATE OF /� 1!!!!:]_C SOcL DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 772-7910 FILE NO. February 24 , 1994 Mr. Mike Franzen, Senior Planner City of Eden Prairie Planning Department 8080 Mitchell Road Eden Prairie, MN 55344 RE: THOMPSON ADDITION, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Franzen: We have reviewed the preliminary plat (received February 15, 1994) for the above-referenced project (Section 5, T116N-R22W) and have the following comments to offer: 1. The project site does not contain any Public Waters or Public Waters Wetlands; therefore, no DNR protected waters permit is required. 2 . No DNR shoreland or floodplain concerns were noted. 3 . The site does not appear to be within a shoreland or floodplain district. 4. The proposed plan does not indicate how the stormwater will be managed. Overland flow of stormwater from the project will be acceptable. You are advised that the DNR would object to having the stormwater routed directly to a stormsewer that discharges into a stream or a lake. If stormwater is routed directly to a stream or a lake, it can cause sedimentation and water level bounces that are detrimental to wildlife values and water quality. 5. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 6. If construction involves dewatering in excess of 10, 000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit (see enclosed brochure) . You are advised that it typically takes approximately 60 days to process the permit application. 7. AN EQUAL OPPORTUNITY EMPLOYER _ 7 Mr. Mike Franzen February 24, 1994 Page 2 7. It appears that wetlands may be on the site that are not under DNR jurisdiction. The U.S. Corps of Engineers (Joe Yanta @ 290-5263) should be consulted regarding pertinent federal regulations for activities in wetlands. In addition, impacts to these wetlands must be evaluated by the Riley- Purgatory-Bluff Creek Watershed District (Raymond Haik @ 334-2609) in accordance with the Minnesota Wetland Conservation Act of 1991. 8. Construction activities which disturb more than five acres of land are required to apply for a stormwater permit from the Minnesota Pollution Control Agency (Scott Thompson @ 296- 7203) . Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, //-0-* Zt Joe Richter Hydrologist c: Bob Obermeyer, Riley-Purgatory-Bluff Creek Watershed Joe Yanta, U.S. Corps of Engineers City of Eden Prairie File \I -- g DATE: Erado" CITY COUNCIL AGENDA Prairie. 04-05-94 SECTION: DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE DEPT PAYMENT OF CLAIMS VI • CHECKS NUMBER 19866 THRU 20205 Action/Direction: VI APRIL 5.1994 19866 RADISSON HOTEL-DULUTH SCHOOL LODGING-FIRE DEPT 220.00 19867 VOID OUT CHECK 0.00 19868 MN ANIMAL CONTROL ASSN CONFERENCE-ANIMAL CONTROL DEPT 75.00 19869 METROPOLITAN AIRPORTS COMMISSION SCHOOL-POLICE DEPT 1040.00 19870 GARFIELD HOUSE CONFERENCE-FIRE DEPT 457.60 19871 SISINNI FOOD SERVICE MEETING EXPENSES-CITY STAFF/ORGANIZED 341.56 DEPT 19872 MARCI POGATCHNIK CONFERENCE ADVANCE-POLICE DEPT 200.00 19873 NORTH STAR CHAPTER-I C B 0 CONFERENCE-BLDG INSPECTIONS DEPT 125.00 19874 HENNEPIN COUNTY TREASURER LICENSE FEE-MAIN & WADING POOLS-COMMUNITY 367.00 CENTER 19875 GOVERNMENT TRAINING SERVICE CONFERENCE-BLDG INSPECTIONS DEPT 200.00 19876 HENNEPIN CO MEDICAL CENTER CONFERENCE-FIRE DEPT 200.00 19877 INVER HIT,rLS COMMUNITY COLLEGE COMMUNITY BAND FESTIVAL ENTRY FEE-ART & 50.00 MUSIC PROGRAM 19878 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 192.00 19879 AT&T CREDIT CORPORATION SERVICE 99.76 19880 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION & EXCISE TAX 1140.38 19881 DAY DISTRIBUTING COMPANY BEER 10455.15 19882 EAST SIDE BEVERAGE CO BEER 20541.85 19883 MARK VII DISTRIBUTING COMPANY BEER 17605.08 19884 MIDWEST COCA COLA BOTTLING CO MIX 426.70 19885 PEPSI COLA COMPANY MIX 565.16 19886 THORPE DISTRIBUTING COMPANY BEER 25649.35 19887 JULIE DURDA REFUND-GYMNASTICS LESSONS 24.00 19888 MINNESOTA DEPT OF REVENUE 1ST QUARTER WITHHOLDING TAX 874.47 19889 MINNESOTA DEPT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATION 21.50 19890 TARGET CENTER TICKETS-ADULT PROGRAMS/FEES PAID 2162.50 19891 JOHN FRANE MARCH 94 CAR ALLOWANCE-FINANCE DEPT 200.00 19892 NORWEST BANKS MINNESOTA N A PAYROLL 03-18-94 77824.71 19893 UNIVERSITY OF GEORGIA CONFERENCE LODGING-RECREATION 302.40 ADMINISTRATION DEPT 19894 BAUER BUILT INC BATTERIES/FILTERS/WINDSHIELD SOLVENT/HOSE 455.49 CLAMPS/SIGNAL LAMPS/POWER STEERING FLUID/ BRAKE FLUID/WIPER BLADES-EQUIPMENT MAINT 19895 CLIFF CRACAUER CONFERENCE EXPENSES-EQUIPMENT MAINTENANCE 123.26 19896 LANIER WORLDWIDE INC VOICE LOGGER REPAIR-POLICE DEPT 180.00 19897 MAUMA DUES-HUMAN RESOURCES DEPT 25.00 19898 JAMES MANFRED HOCKEY/BROOMBALL OFFICIAL/FEES PAID 852.00 19899 NATIONAL CITY BANK TAX REPORTING FEES-FINANCE DEPT 100.35 19900 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-STREET MAINT/PARK MAINT/ 1505.05 EQUIPMENT MAINT/UTILITIES DIVISION 19901 VOID OUT CHECK 0.00 19902 SYSTEM CONTROL SERVICES INC MOBILE RADIO REPAIR-WATER DEPT 284.54 19903 TAPE DISTRIBUTORS OF MN VHS TAPES/ALBUMS-POLICE DEPT 2252.48 19904 MARC THIELMAN CAR PHONE REIMBURSEMENT-FACILITIES DEPT 12.50 19905 THIRTY-THREE MINUTE PHOTO INC FILM/FILM PROCESSING-ENGINEERING DEPT/ 1566.68 COMMUNITY DEVELOPMENT DEPT/SAFETY DEPT/ ASSESSING DEPT/POLICE DEPT/FIRE DEPT/ SPECIAL EVENTS PROGRAM/SENIOR CENTER/ ADAPTIVE RECREATION DEPT/FORESTRY DEPT/ COMMUNITY CENTER 19906 KIRSCH DISTRIBUTING CO BEER 90.80 19907 HANSEN THORP PELLINEN OLSON INC SERVICE-COLUMBINE ROAD/RIVERVIEW HEIGHTS/ 9032.88 MARKET CENTER POND/STORM SEWER & WATER MAIN/VILLAGE KNOLLS 2ND ADDITION 17784220 04-05-94 1. VI 19908 UNIVERSITY OF MINNESOTA SCHOOL-SEWER DEPT 270.00 19909 MINNESOTA POLLUTION CONTROL AGENC NPDES APPLICATION FOR GENERAL PERMIT FOR 85.00 LIME SOFTENING RESIDUAL LAGOONS 19910 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 626.05 19911 U S WEST COMMUNICATIONS SERVICE 5503.20 19912 MINNESOTA STATE BAR ASSN SCHOOL-POLICE DEPT 185.00 19913 HENNEPIN COUNTY DISTRICT COURT NOTARY PUBLIC COMMISSION REGISTRATION FEE- 25.00 POLICE DEPT 19914 DONALD SWENSON CONFERENCE ADVANCE-POLICE DEPT 100.00 19915 DELLORA A COLEMAN 2ND OF 3 PAYMENTS FOR LAND ACQUISITION- 40600.00 CRESTWOOD NEIGHBORHOOD PARK 19916 HENNEPIN COUNTY TREASURER 1993 PROPERTY TAX 8481.76 19917 THERESA DUNN REFUND-SWIMMING LESSONS 27.00 19918 DELAVAN DYE REFUND-FIT FOR GOLF CLASS 10.00 19919 TAMARA NOEL REFUND-GOLF LESSONS 56.00 19920 DENISE NORRIS REFUND-AQUA AEROBICS CLASS 12.00 19921 KATHLEEN PETRON REFUND-YOGA CLASS 37.00 19922 CHRISTAL PIETSCH REFUND-STEP AEROBICS CLASS 6.00 19923 MAUREEN VOLTIN REFUND-SWIMMING LESSONS 21.00 19924 CANADA LIFE ASSURANCE CO MARCH 94 DISABILITY INSURANCE PREMIUM 2027.21 19925 CARVER COUNTY COURTHOUSE PAYROLL 03-18-94 49.37 19926 CITIBANK SOUTH DAKOTA N A PAYROLL 03-18-94 200.00 19927 FEDERAL RESERVE BANK PAYROLL 03-18-94 SAVINGS BONDS 500.00 19928 GREAT-WEST LIFE & ANNUITY PAYROLL 03-18-94 7106.00 19929 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 03-18-94 225.69 19930 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 03-18-94 280.00 19931 ICMA RETIREMENT TRUST-457 PAYROLL 03-18-94 3723.90 19932 INTERNAL REVENUE SERVICE PAYROLL 03-18-94 32.00 19933 MEDCENTERS HEALTH PLAN INC APRIL 94 HEALTH INSURANCE PREMIUM 20732.00 19934 MEDICA CHOICE APRIL 94 HEALTH INSURANCE PREMIUM 47900.02 19935 MN DEPT OF REVENUE PAYROLL 03-18-94 200.00 19936 MN STATE RETIREMENT SYSTEM PAYROLL 03-18-94 50.00 19937 MN TEAMSTERS CREDIT UNION PAYROLL 03-18-94 25.00 19938 NORWEST BANK HOPKINS PAYROLLS 03-04-94 & 03-18-94 1300.00 19939 EXECUTIVE DIRECTOR-PERA PAYROLL 03-18-94 37593.55 19940 EXECUTIVE DIRECTOR-PERA PAYROLL 03-18-94 100.00 19941 PRUDENTIAL INS CO OF AMERICA MARCH 94 LIFE INSURANCE PREMIUM 2454.38 19942 UNITED WAY PAYROLL 03-18-94 225.55 19943 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 115.73 19944 SHAMAN PRESS BOOK-RECREATION ADMINISTRATION DEPT 10.95 19945 RAMSEY FOUNDATION/CME CONFERENCE-SAFETY DEPT 350.00 19946 MN RECREATION & PARK ASSN CONFERENCE-POOL LESSONS 242.00 19947 BARKER & HERBERT ANALYTICAL CONFERENCE-FIRE DEPT 330.00 19948 WELSH COMPANIES NC APRIL 94 RENT-LIQUOR STORE III 6319.78 19949 BAKERS SQUARE GIFT CERTIFICATE-SAFETY INCENTIVE PROGRAM 25.00 19950 JASON-NORTHCO L P #1 APRIL 94 RENT-LIQUOR STORE I 5585.41 19951 ROBERT & ARDIS MCCARTHY REFUND-PELLA TULIP FESTIVAL 20.00 19952 DAVE SHOLD REFUND-REVOCABLE LIVING TRUSTS CLASS 2.00 19953 TARGET CENTER TICKETS-BEAUTY & BEAST-SPECIAL TRIPS 380.00 PROGRAM 19954 TRICIA HAYNES DEPOSIT-ENTERTAINMENT FOR EASTER EGG HUNT- 100.00 SOCIAL PROGRAMS 19955 TRICIA HAYNES BALANCE-ENTERTAINMENT FOR EASTER EGG HUNT- 200.00 SOCIAL PROGRAMS 19445055 04-05-94 2. VI APRIL 5,1994 19956 MINNESOTA DEPT OF REVENUE FEE FOR SAFE DRINKING WATER TESTING- 16887.00 WATER DEPT 19957 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/ADAPTIVE 157.16 RECREATION DEPT 19958 BEST BUY DESK JET PRINTER/INK CARTRIDGES-EQUIPMENT 411.00 MAINTENANCE 19959 OFFICE OF DISPUTE RESOLUTION CONFERENCE-ENGINEERING DEPT 240.00 19960 EAGLE WINE CO WINE 3130.41 19961 GRIGGS COOPER & CO INC LIQUOR 12202.64 19962 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE 16478.13 19963 PAUSTIS & SONS CO WINE 841.60 19964 ED PHILLIPS & SONS CO LIQUOR & WINE 18107.06 19965 PRIOR WINE CO WINE 5180.15 19966 QUALITY WINE & SPIRITS CO LIQUOR & WINE 8237.10 19967 THE WINE COMPANY WINE 83.00 19968 UNIGLOBE ADVANTAGE CONFERENCE AIRFARE-HUMAN RESOURCES DEPT 383.00 19969 STATE OF MINNESOTA LICENSE RENEWALS-POLICE DEPT 180.00 19970 KATIE ADAMS REFUND-SKATING LESSONS 4.00 19971 JEFF BRASSEL REFUND-SWIMMING LESSONS 5.80 19972 GERIANN MANN REFUND-SKATING LESSONS 20.00 19973 SUZANNE MARSHALL REFUND-KIDS KORNER CLASS 31.00 19974 ELIZABETH MORAN REFUND-SWIMMING LESSONS 18.00 19975 RENEE RAHIMI REFUND-GOLF LESSONS 28.00 19976 BARBARA REMBOWICZ REFUND-SWIMMING LESSONS 21.00 19977 GEVA LOU SEVERINSON REFUND-DEFENSIVE DRIVING LESSONS 5.00 19978 A U S COMMUNICATIONS INC TELEPHONE SYSTEM WIRING-CITY CENTER 7083.43 19979 ABM EQUIPMENT & SUPPLY INC CLUTCH REPAIR & REINSTALLATION-EQUIPMENT 1894.10 MAINTENANCE 19980 AEC ENGINEERING SERVICE-NEW TANK CONSTRUCTION INSPECTION/ 153855.41 GROUND STORAGE RESERVOIR-BAKER ROAD 19981 AFTON ALPS SKI AREA LIFT TICKETS-SKI TRIP PROGRAM/FEES PAID 610.00 19982 AIRSIGNAL INC MARCH 94 PAGER SERVICE-COMMUNITY CENTER 10.52 19983 AMERICAN RED CROSS MANUALS-POOL LESSONS 102.72 19984 ALPHA VIDEO & AUDIO VCR/CART-COMMUNITY SERVICES DEPT 609.75 19985 EARL F ANDERSEN & ASSOC INC SIGN POSTS/BATTERIES/WARNING FLASHERS/ 2296.12 BOLTS/SIGNS-STREET DEPT 19986 DON ANDERSON JR BROOMBALL & HOCKEY OFFICIAL/FEES PAID 893.00 19987 ANDERSONS GARDEN EXPENSES-FIRE DEPT 26.90 19988 KRAUS ANDERSON CO REFUND-HYDRANT METER DEPOSIT 145.71 19989 ARMOR SECURITY INC LOCK REPAIRS-FLYING CLOUD ATHLETIC FIELDS/ 345.07 POLICE BLDG/FIRE STATION 19990 ASPEN EQUIPMENT COMPANY CABLES-EQUIPMENT MAINTENANCE 196.96 19991 B & S TOOLS WIRE BRUSH SET-EQUIPMENT MAINTENANCE 10.60 19992 BAUER BUILT INC BATTERIES/CALIPERS/BRAKE ROTORS/WIPER 681.13 BLADES/WARNING TAPE/BRAKE PADS-EQUIPMENT MAINTENANCE 19993 ALLEN BECKER NATURAL LAWN CARE INSTRUCTOR-OUTDOOR CTR 50.00 PROGRAM 19994 BECKER ARENA PRODUCTS INC RIVETS/FACING-COMMUNITY CENTER 105.55 19995 PATRICIA BESSER VOLLEYBALL OFFICIAL/FEES PAID 595.00 19996 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 547.09 19997 CITY OF BLOOMINGTON FEBRUARY 94 KENNEL FEES-ANIMAL CONTROL 119.00 DEPT 19998 BLOOMINGTON LOCK & SAFE CO KEYS-FIRE DEPT 28.76 19999 BRAUN INTERTEC CORPORATION SERVICE-UPGRADING ROWLAND RD/DELL RD NO/ 39891.11 TECHNOLOGY DR/WATER MAIN FOR WATER TOWER 29274898 • 04-05-94 3. VI 20000 BRW INC SERVICE-DELL ROAD CONSTRUCTION/VALLEY 2977.08 VIEW ROAD CONSTRUCTION 20001 BRYAN ROCK PRODUCTS INC LIMESTONE-PARK MAINTENANCE 4468.56 20002 BUCKINGHAM DISPOSAL INC APRIL 94 WASTE DISPOSAL-LIQUOR STORE I 84.99 20003 BUREAU OF BUSINESS PRACTICE SUBSCRIPTION-FACILITIES DEPT 55.26 20004 BURNSVILLE SANITARY CO WASTE DISPOSAL-STREET MAINTENANCE 154.79 20005 BUSINESS DEVELOPMENT SALES INC MANUAL-FACILITIES DEPT 14.65 20006 C W MARKETING REFUND-OVERPAYMENT PEDDLERS PERMIT 15.00 20007 CAPITOL COMMUNICATIONS ANTENNAS/REMOTE REPAIR-EQUIPMENT MAINT 115.29 20008 FRANK R CARDARELLE LOCATION BASE MAP-CUMMINS GRILL HOMESTEAD 575.00 20009 JOHN CARLON MILEAGE-WATER DEPT 79.52 20010 STEVE CARNEY SUCCESSFUL FISHING INSTRUCTOR-OUTDOOR CTR 50.00 PROGRAM 20011 CBI NA-CON INC SERVICE-WATER TOWER 91401.54 20012 CENTEX HOMES REIMBURSEMENT OF EXTRA COSTS OF INSTALLING 14555.00 DEEP SANITARY SEWER 20013 CENTRAIRE INC REPLACED AIR SWITCH-FIRE STATION/REPLACED 403.69 FAN TIME DELAY/ADJUSTED BLOWER PULLEY- LIQUOR STORE I 20014 BRENT CHAPMAN RINK ATTENDANT-SKATING RINKS PROGRAM 140.25 20015 CITY SIGNS REFLECTIVE SIGN-EQUIPMENT MAINTENANCE 372.79 20016 JAMES G CLARK MARCH 94 CAR ALLOWANCE-POLICE DEPT 200.00 20017 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-REMODELING SENIOR CENTER-HANDICAP 990.00 ADA 20018 CO2 SERVICES CARBON DIOXIDE/CYLINDER RENTAL-POOL 210.85 OPERATIONS-COMMUNITY CENTER 20019 COMMERICAL SAW CO INC BAND SAW BLADES-PARK MAINTENANCE 66.81 20020 COMMUNICATION BRIEFINGS SUBSCRIPTION-COMMUNITY SERVICES DEPT 69.00 20021 CONCEPT MICRO IMAGING MICOFILMING-ADMINISTRATION DEPT/2 5273.03 MICROFICHE READERS-FINANCE DEPT 20022 CONTINENTAL SAFETY EQUIP INC SAFETY GOGGLES/COVERALLS/CLEANING 229.21 SUPPLIES-SAFETY DEPT/PARK MAINTENANCE 20023 COPY EQUIPMENT INC OFFICE SUPPLIES-COMMUNITY DEVELOPMENT DEPT 40.06 20024 CLIFF CRACAUER MILEAGE-EQUIPMENT MAINTENANCE 54.88 20025 CRYSTEEL DIST INC CHAIN GUARDS-EQUIPMENT MAINT/SNOW PLOW 3704.21 PKG INSTALLED/RUBBER SNOW DEFLECTORS- STREET MAINTENANCE 20026 HARLEY CURRIER CONFERENCE EXPENSES-BLDG INSPECTIONS DEPT 19.30 20027 RALCO CLEANING SUPPLIES-COMMUNITY CENTER 162.00 20028 DAMES & MOORE SERVICE-FLYING CLOUD AIRPORT EXPANSION 514.50 20029 DANKO EMERGENCY EQUIPMENT CO HELMET/COIL SPRINGS/SAFETY PLUGS/NECK 247.17 STRAPS/FACEPIECE LENS/LENS COVERS/LOCK NUTS-FIRE DEPT 20030 DATAFILE LABELS-BLDG INSPECTIONS DEPT 11.75 20031 DEALER AUTOMOTIVE SERVICES INC RADIOS/ADAPTER CABLES/RUSTPROOFING/ 415.50 CORRISION PREVENTIVE-EQUIPMENT MAINTENANCE 20032 DECORATIVE DESIGNS MARCH/APRIL PLANT MAINTENANCE SERVICE/ 3715.16 DIRT/BARK/CHIPS & INSTALLATION-CITY CENTER 20033 DEFT OF LABOR & INDUSTRY AIR TANK LICENSE-PUBLIC WORKS BLDG/BOILER 30.00 LICENSE-CITY CENTER 20034 EDEN PRAIRIE SCHOOL DIST 272 WASTE DISPOSAL-SENIOR CENTER/ROOM RENTAL- 1584.12 ADULT PROGRAMS/ART & MUSIC PROGRAM/GYM RENTAL-ORGANIZED ATHLETICS PROGRAM 20035 EDEN PRAIRIE TIRE & AUTO SERVICE WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 34.95 13303591 04-05-94 4. VI APRIL 5,1994 20036 CHRIS ENGER EXPENSES/MARCH 94 CAR ALLOWANCE-COMMUNITY 242.75 DEVELOPMENT DEPT 20037 REBECCA ENGER COMPUTER CLASS INSTRUCTOR-SENIOR PROGRAMS 156.00 20038 FLOYD SECURITY 2ND QTR 94 SECURITY SYSTEM MAINTENANCE 76.68 AGREEMENT-CUMMINS GRILL HOMESTEAD 20039 LINDA FOWLER REFUND-OVERPAYMENT UTILITY BILLING 29.88 20040 LYNDELL FREY MILEAGE-PROGRAM SUPERVISOR 89.04 20041 GILLUND ENTERPRISES LUBRICANT-EQUIPMENT MAINTENANCE 57.51 20042 GINA MARIAS INC EXPENSES-FIRE DEPT 150.52 20043 GOODYEAR COMMERCIAL TIRE & SVC TIRES-EQUIPMENT MAINTENANCE 793.00 20044 W W GRAINGER INC KEY RINGS/MARINE RV PUMP/CABINET- 452.10 EQUIPMENT MAINT/VALVE HOUSING-PARK MAINT 20045 HARMON CONTRACT GLAZING INC CLOSERS/RETAINING SCREWS-COMMUNITY CENTER 272.54 20046 HARMON GLASS COMPANY SLIDER WINDOW-EQUIPMENT MAINTENANCE 170.62 20047 PETER HARMS BASKETBALL OFFICIAL/FEES PAID 37.50 20048 JOSHUA W HENDERSON BASKETBALL OFFICIAL/FEES PAID 112.50 20049 LAURIE HELLING CONFERENCE EXPENSES-RECREATION ADMIN DEPT 16.38 20050 HENNEPIN COUNTY TREASURER FILING FEES-COMMUNITY DEVELOPMENT DEPT 288.75 20051 HENNEPIN COUNTY TREASURER 1994 ANNUAL SPECIAL ASSESSMENT SERVICE 370.10 CHARGE-ENGINEERING DEPT 20052 HENNEPIN COUNTY TREASURER POSTAGE-VOTER REGISTRATION VERIFICATION 147.20 20053 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT 268.50 20054 HENNEPIN COUNTY TREASURER BALANCE OF RIGHT OF WAY COSTS FOR CSAH 62 78340.67 & CSAH 4 CONSTRUCTION 20055 HENNEPIN COUNTY TREASURER MICROFICHE SETS-ASSESSING DEPT/FORESTRY 450.23 DEPT/ENGINEERING DEPT/TAPE EXTRACT FOR SPECIAL ASSESSMENTS-FINANCE DEPT 20056 HENNEPIN COUNTY WASTE DISPOSAL-PARK MAINTENANCE 84.34 20057 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT-FIRE DEPT 47.25 20058 HOFFERS INC PAINT-PARK MAINTENANCE 75.42 20059 CARTER HOLMES BASKETBALL OFFICIAL/FEES PAID 884.00 20060 TODD HOLZEMER SIGN LANGUAGE INTERPRETER-CDBG PROGRAM 112.50 20061 HOMECARE INC REMODELING SERVICE-14301 CROWN DR-HOUSING 2149.00 REHABILITATION PROGRAM 20062 HONEYWELL PROTECTION SERVICES 2ND QTR 94 SECURITY SYSTEM MAINTENANCE 127.80 AGREEMENT-SENIOR CENTER 20063 HORIZON GRAPHICS INC PRINTING-FAMILY CARE DIRECTORIES-HUMAN 3452.91 RESOURCES DEPT/MARCH & APRIL COMMUNITY NEWSLETTER-COMMUNITY SERVICES DEPT 20064 HUTTON CHEMICAL TRUCK WASH DETERGENT-EQUIPMENT MAINTENANCE 221.14 20065 ICE SKATING INSTITUTE OF AMERICA AWARDS-ICE ARENA-COMMUNITY CENTER 273.74 20066 ICMA SUBSCRIPTION-ADMINISTRATION DEPT 469.00 20067 INLAND TRUCK PARTS CO STEERING U-JOINT/SPRING ASSEMBLIES/NUTS & 313.52 WASHERS/THREADED RODS-EQUIPMENT MAINT 20068 INTL SECURITY PRODUCTS LATCH-STREET MAINTENANCE 29.31 20069 INTERSTATE DETROIT DIESEL INC REPLACED TANK HEATER-CIVIL DEFENSE DEPT 154.45 20070 INSTY-PRINTS OF HOPKINS OFFICE SUPPLIES-COMMUNITY CENTER 8.52 20071 INSTY-PRINTS FORMS-POLICE DEPT 21.08 20072 INTL FIRE CODE INSTITUTE DUES-BLDG INSPECTIONS DEPT 50.00 20073 IRISH INC CPR KEYCHAIN BARRIER WITH GLOVES-SAFETY 422.85 DEPT 20074 LYNNETTE ISAACS VOLLEYBALL SUPERVISOR/FEES PAID 120.00 20075 JOHNSON CONTROLS 2ND QTR 94 MAINTENANCE AGREEMENT- 598.75 COMMUNITY CENTER 20076 DARREL JOHNSON REFUND-ICE TIME RENTAL 109.16 9224721 04-05-94 5. • VI APRIL 5,1994 20077 SCOTT JOHNSON FIRST RESPONDER BAG-FIRE DEPT 53.25 20078 JUSTUS LUMBER CO PLYWOOD/VENEER/FOLDING SUPPORTS/FINISH/ 690.38 HARDWARE/TIMBERS-ENGINEERING DEPT/STREET MAINTENANCE 20079 ELYCE KASTIGAR MILEAGE-AQUATIC & FITNESS PROGRAM 250.04 20080 KEEP EM ALIVE INC CPR TRAINING-SAFETY DEPT 325.00 20081 ROD KESSELRING CANOE TRIP INSTRUCTOR-OUTDOOR CTR PROGRAM 75.00 20082 KOCH BUS SERVICE INC BUS SERVICE-SKI TRIP PROGRAMS 541.45 20083 MARY KOTTKE BASKETBALL SCOREKEEPER/FEES PAID 202.50 20084 JILL KUYAVA VOLLEYBALL OFFICIAL/FEES PAID 68.00 20085 LAKE COUNTRY DOOR REPLACED VALVES/CYLINDER KIT/DOOR REPAIR- 349.09 FIRE STATION/PUBLIC WORKS BLDG 20086 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 871.65 20087 LAKELAND FORD TRUCK SALES INC TRAILER BRAKE MANIFOLD/ARM ASSEMBLIES/ 179.33 DRIVERS/BOOT ASSEMBLY/ADAPTERS-EQUIPMENT MAINTENANCE 20088 ROBERT LAMBERT MARCH 94 CAR ALLOWANCE-PARK & RECREATION 200.00 DEPT 20089 LAMETTRYS COLLISION REPAIR & PAINT POLICE VEHICLE-EQUIPMENT 857.47 MAINTENANCE 20090 LANG PAULY & GREGERSON LTD FEBRUARY 94 PROSECUTION SERVICE-POLICE 8030.00 DEPT 20091 ALLEN R LARSON CABLES/CONNECTORS/CONTAINERS FOR 113.85 SURVEILLANCE VIDEO RECORDER-POLICE FORFEITURE-DRUGS 20092 GREG LARSON SPORTS INC UMPIRE INDICATORS/VOLLEYBALL NET- 133.13 ORGANIZED ATHLETICS DEPT 20093 LAURENTIAN RESORT DEPOSIT FOR BIKE TRIP-OUTDOOR CTR PROGRAMS 149.00 20094 LEASEAMERICA CORPORATION APRIL 94 COPIER RENTAL-SENIOR CENTER 134.75 20095 LEAANNS SEWING/CUSTOM DECORAT FIRE GEAR REPAIR-FIRE DEPT 26.75 20096 LOGIS 13990.83 FEBRUARY 94 SERVICE 20097 LUNDGREN BROS REMODELING REFUND-OVERPAYMENT BUILDING PERMIT 54.00 20098 LYLE SIGNS INC TRAFFIC CONTROL SIGNS-STREET DEPT 1587.10 20099 MACQUEEN EQUIPMENT INC CURB SHOES/DRIVE CHAINS/CABLE CONNECTORS/ 2645.66 SCRAPER BELT/SPROCKETS/CHAINS/SEAL RINGS/ BEARINGS/SHOE RUNNERS/LIFT CYLINDERS/ PULLEYS/BUSHINGS/DIRT DEFLECTORS/HOUSING- EQUIPMENT MAINTENANCE 20100 MATTS AUTO SERVICE INC TOWING SERVICE-EQUIPMENT MAINTENANCE 79.88 20101 PAT MCCARTY CONFERENCE EXPENSES-WATER DEPT 20.00 20102 MCGLYNN BAKERIES INC EXPENSES-POOL LESSONS 7.20 20103 MCGLYNN BAKERIES INC EXPENSES-CITY HALL/POLICE DEPT/SENIOR CTR 89.85 20104 MCNEILUS STEEL INC STEEL PLATE/TUBING-EQUIPMENT MAINTENANCE 389.20 20105 MENARDS LIGHT BULBS/NUTS & BOLTS/WASHERS/PAINT/ 543.61 CAULKING/TIMBERS/SNAPS/HALOGEN LAMPS/ RIVETS/HINGES/HAMMER/PAINT ROLLERS/LUMBER/ SIDING/COUPLINGS/SOLDER/ELBOWS/ADAPTERS- ENGINEERING DEPT/BLDG INSPECTIONS DEPT/ FIRE DEPT/STREET MAINT/PARK MAINT 20106 METROPOLITAN WASTE CONTROL COMM FEBRUARY 94 SAC CHARGES 29304.00 20107 JANET MEYER PHOTO MGMT INSTRUCTOR-ADULT PROGRAMS 45.00 20108 MIDWEST ASPHALT CORP SAND-STREET MAINTENANCE 194.39 20109 MIDWEST AUDIO VISUAL CENTER COMPUTER REPAIR-COMMUNITY CENTER 25.00 20110 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT 1086.06 6331242 04-05-94 6. VI APRIL 5,1994 20111 MIDWEST FIRE PROTECTION INC REPLACED SPRINKLER HEADS & FITTINGS- 387.00 STORAGE CENTER 20112 MIDWEST MACHINERY INC CHECK VALVE-EQUIPMENT MAINTENANCE 19.40 20113 DEE MILLER MILEAGE-FIRE DEPT 27.72 20114 MINNEAPOLIS PUBLIC SCHOOLS FIRE PREVENTION FOLDERS-FIRE DEPT 161.90 20115 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES 629.78 20116 MINNESOTA BUSINESS FORMS MAILING LABELLS-CITY HALL 290.04 20117 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHER RECHARGING-FIRE DEFT 77.86 20118 MN CRIME PREVENTION PRACTITIONERS DUES-POLICE DEPT 25.00 20119 MN STATE HORTICULTURAL SOCIETY SUBSCRIPTION-PARK MAINTENANCE 25.00 20120 MINNESOTA STATE TREASURER FEBRUARY 94 BUILDING SURCHARGE 3707.02 20121 MINUTEMAN PRESS PRINTING-RECEIPTS/MEMBERSHIP CARDS- 153.12 COMMUNITY CENTER 20122 CHRIS MUTTERER BROOMBALL OFFICIAL/FEES PAID 263.50 20123 NATL FIRE PROTECTION ASSN FIRE CODE MANUALS-BLDG INSPECTIONS DEPT 49.00 20124 NCR CORPORATION CASH REGISTER PRINTER RIBBON-COMMUNITY CTR 74.76 20125 NEBCO EVANS DISTRIB CONCESSION STAND SUPPLIES-COMMUNITY CENTER 263.73 20126 JAN NELSON MINUTES-CITY COUNCIL/PLANNING COMMISSION 375.00 20127 NORSTAN COMMUNICATIONS INC RADIO REPROGRAMMINGO-STREET MAINTENANCE 72.50 20128 NORTH COUNTRY PEST CONTROL PEST CONTROL SERVICE-COMMUNITY CENTER 85.20 20129 NORTHLAND BUSINESS COMMUNICATIONS DRUM CARTRIDGE-POLICE DEPT 248.95 20130 NORTHLAND ELECTRIC SUPPLY CO LIGHT BULBS-FIRE DEPT 161.18 20131 NYSTROM INC LOCKER PARTS-COMMUNITY CENTER 128.00 20132 NYSTROM PUBLISHING CO CITYS SHARE SPRING & SUMMER BROCHURE FOR 277.80 ADAPTIVE RECREATION PROGRAMS 20133 OFFICE ELECTRONICS INC COMPUTER PAPER-CITY HALL 227.92 20134 OLSEN CHAIN & CABLE CO INC SAFETY CHAIN SLING HOOKS/LATCHES- 405.64 EQUIPMENT MAINTENANCE 20135 OPM INFORMATION SYSTEMS TYPEWRITER REPAIR-BLDG INSPECTIONS DEPT 85.00 20136 PARKSIDE PRINTING INC PRINTING-MARCH/APRIL NEWSLETTER-SENIOR 538.19 CENTER 20137 J W PEPPER OF MPLS SHEET MUSIC-ART & MUSIC PROGRAM 50.00 20138 PITNEY BOWES INC TAPE ROLLS FOR POSTAGE MACHINE-CITY HALL 43.59 20139 PLASTIC TO GO PLASTIC-CITY HALL 147.51 20140 POWERTEX SPORTSWEAR INC T-SHIRTS-ORGANIZED ATHLETICS PROGRAM 2065.94 20141 PRAIRIE ELECTRIC COMPANY INC FURNISH & INSTALLED REFRIGERATION UNITS 622.10 INDICATING LIGHT/FIXTURES REPAIRED/HAND DRYER REPAIR/ZAMBONI GARAGE DOOR OPENER REPAIR-COMMUNITY CENTER 20142 PRAIRIE LAWN & GARDEN CHAIN SAW REPAIR/CHAIN/CHAIN SHARPENING/ 183.73 BAR & CLUTCH REPLACED/BLOWER PARTS/FUEL PUMP/FILTER-FIRE DEPT/STREET MAINT/ EQUIPMENT MAINT 20143 PRAIRIE VILLAGE PET HOSPITAL CANINE SUPPLIES-POLICE DEPT 18.80 20144 PRINTERS SERVICE INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER 98.00 20145 PRO SOURCE FITNESS TENSION SCREWS-FITNESS CENTER 9.73 20146 JERRY PRODOEHL MEETING EXPENSES/EQUIPMENT PARTS-STREET 62.37 MAINTENANCE 20147 THE PROMOTION GROUP JACKETS-SAFETY INCENTIVE PROGRAM 257.79 20148 QUALITY WASTE CONTROL INC WASTE DISPOSAL-FACILITIES DEPT/COMMUNITY 951.73 CENTER/LIQUOR STORE II 20149 RADIO SHACK CORDLESS PHONE-EQUIPMENT MAINTENANCE 354.44 20150 REACH EQUIPMENT SANDER WITH SPINNER-STREET DEPT 3205.65 20151 RELIABLE MEDICAL SUPPLY WALKING BELTS-ADAPTIVE RECREATION DEPT 35.50 20152 RES WELL REPAIR/VALVE CAP/PIPE & FITTINGS- 729.00 DOUGLAS MORE HOUSE 1759609 • 04-05-94 7, VI 20153 CITY OF RICHFIELD TICKETS-FANNY HILL THEATRE TRIP-ADULT 342.85 PROGRAMS 20154 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-WATER TOWER/TRUNK WATER MAIN 5157.97 20155 RITZ CAMERA FILM/FILM PROCESSING-HUMAN RESOURCES DEPT/ 86.97 ENGINEERING DEPT/COMMUNITY DEVELOPMENT 20156 ROAD RESCUE INC SIGNAL LIGHTS/SOLENOID-EQUIPMENT MAINT 267.05 20157 AMY ROE MILEAGE-AQUATIC & FITNESS PROGRAM 68.04 20158 ROSS INDUSTRIES INC PENCILS-FIRE PREVENTION SUPPLIES-FIRE DEPT 373.62 20159 MARY ROUFS OPEN GYM SUPERVISOR/FEES PAID 40.00 20160 RUFFRIDGE JOHNSON EQUIPMENT CO WELDMENT PLATES/WASHERS/SCREWS/SCRAPER 114.11 BAR/BRAKE PADS/BUSHING SWING PLATE- EQUIPMENT MAINTENANCE 20161 RYANS RUBBER STAMPS RUBBER STAMP-ENGINEERING DEPT 15.00 20162 SA-AG INC MORTAR SAND-PARK MAINTENANCE 267.33 20163 SUSAN SCOTT BROOMBALL OFFICIAL/FEES PAID 85.00 20164 SHAKOPEE VALLEY PRINTING PRINTING-SPRING COMMUNITY PROGRAM BROCHURE 8333.24 20165 STEVEN R SINELL FEBRUARY/MARCH 94 CAR ALLOWANCE/EXPENSES- 412.00 ASSESSING DEPT 20166 ERIC SIT KARATE INSTRUCTOR/FEES PAID 794.29 20167 THE SKETCH PAD TYPESETTING & PRINTING INVITATIONS/ 220.75 ENVELOPES-ADMINISTRATION DEPT 20168 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT 1884.74 20169 PETER N SMITH VOLLEYBALL OFFICIAL/FEES PAID 278.00 20170 SNAP-ON TOOLS CORPORATION DRILL BIT/BULBS-EQUIPMENT MAINTENANCE 34.20 20171 SOKKIA MEASURING SYSTEMS RANGE POLE POINTS-ENGINEERING DEPT 59.91 20172 SOUTHAM BUSINESS COMMUNICATIONS LEGAL PUBLICATIONS-CITY STREET SWEEPING 58.65 20173 SOUTHWEST SUBURBAN CABLE COMMISSI 2ND QTR 94 OPERATING BUDGET FOR SWSCC 6083.06 20174 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL 720.03 20175 MARY SPILLES VOLLEYBALL OFFICIAL/FEES PAID 255.00 20176 SPIRIT COACHES INC BUS SERVICE-ADULT PROGRAMS 121.00 20177 SPRINGSTED REBATE CALCULATION SERVICE-BOND PAYMENTS 3000.00 20178 STAHL CONSTRUCTION CO SERVICE-E P CITY CENTER REMODELING 344809.00 20179 STAR TRIBUNE ADVERTISING-LIQUOR STORES 81.76 20180 STAR TRIBUNE SUBSCRIPTION-ADMINISTRATION DEPT 78.00 20181 STREICHERS PROFESSIONAL POLICE EQ FLASHERS/SPEAKERS/LIGHTBAR SYSTEMS/MAP 10682.59 LIGHTS/GRILLE GUARDS/IGNITION SECURITY SYSTEMS/GRILLE DECK LIGHTS/VEHICLE CORNER STROBE KIT-EQUIPMENT MAINTENANCE 20182 STRGAR ROSCOE FAUSCH INC SERVICE-SCENIC HEIGHTS RD/DELL RD SOUTH/ 17924.84 WEST 82ND ST/DELL RD-T H 212 TO 82ND ST 20183 STRATEGIES FOR SUCCESS DANCE INSTRUCTOR-ADULT PROGRAMS 240.00 20184 SUBURBAN TIRE & AUTO SERVICE INC TIRES-EQUIPMENT MAINTENANCE 1188.63 20185 TARGET STORES FRAMES/HOOLA HOOPS/TOYS-POOL LESSONS/ 259.69 ADAPTIVE RECREATION PROGRAM 20186 TAURUS PROPERTIES INC REFUND-SIGN PERMIT FEE 40.00 20187 THE TEACHERS HELPER SONG BOOKS-PRESCHOOL PLAYGROUND PROGRAM 20.02 20188 STAN TEKIELA OUTDOOR CTR PROGRAM INSTRUCTOR/FEES PAID 115.00 20189 THERMOGAS CO OF CHASKA PROPANE CYLINDERS-OUTDOOR CENTER 208.00 20190 MARC THIELMAN CAR PHONE REIMBURSEMENT-FACILITIES DEPT 17.54 20191 JEANE THORNE INC SERVICE-COMMUNITY DEVELOPMENT DEPT 336.60 20192 THANE HAWKINS POLAR CHEVROLET 3/4 TON PICKUP WITH PLOW-PARK DEPT 17152.00 20193 TIE SYSTEMS INC-MN TELEPHONE BASE CORD-CITY CENTER 12.78 20194 TIERNEY BROTHERS INC RIBBON-PARK PLANNING DEPT 148.94 42238820 04-05-94 8. III APRIL 5.1994 20195 TKDA & ASSOC INC SERVICE-RECONSTRUCTION OF MUNICIPAL 20868.13 FACILITIES ADJACENT TO MITCHELL RD/WELL/ WELL HOUSING & BUS SHELTER 20196 TOTAL REGISTER SYS CASH REGISTER MAINTENANCE AGREEMENT- 1600.00 LIQUOR STORE I 20197 TOWN & COUNTRY DODGE TRANSMISSION INSPECTION-EQUIPMENT MAINT 100.00 20198 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE/ARGON-EQUIPMENT MAINT 96.52 20199 TWIN CITY SCALE COMPANY WHEEL LOAD SCALE REPAIR-POLICE DEPT 85.00 20200 TWIN CITY VACUUM VACUUM CLEANER BAGS/CORD-FACILITIES DEPT 70.98 20201 WBCS FLYER TYPESETTING/REVISION-OUTDOOR CENTER 113.50 20202 LOIS N WILDER MEMOIR WRITING INSTRUCTOR-ADULT PROGRAMS 112.50 20203 ZACKS INC TOWELS-STREET MAINTENANCE 78.38 20204 EARL ZENT MEETING EXPENSES-ASSESSING DEPT 8.50 20205 MITCH ZWOLENSKI BASKETBALL OFFICIAL/FEES PAID 85.00 11000 NORWEST BANK BOND PAYMENTS 20473.75 11000 AMERICAN NATL BANK BOND PAYMENTS 310588.19 22000 MN DEPT OF REVENUE PAYROLL 01-21-94 16339.96 22000 MN DEPT OF REVENUE PAYROLL 03-04-94 15436.10 22000 MN DEPT OF REVENUE PAYROLL 03-18-94 15703.52 33000 CITY COUNTY CREDIT UNION PAYROLL 03-04-94 9131.46 33000 CITY COUNTY CREDIT UNION PAYROLL 03-18-94 9131.46 44000 MN DEPT OF REVENUE FEBRUARY 94 SALES TAX 29455.00 19556 VOID OUT CHECK 89.00- 19625 VOID OUT CHECK 455.54- 19653 VOID OUT CHECK 123.86- 19731 VOID OUT CHECK 189.00- 19745 VOID OUT CHECK 936.00- 19760 VOID OUT CHECK 50.00- 19774 VOID OUT CHECK 100.32- 19820 VOID OUT CHECK 1505.06- 19837 VOID OUT CHECK 12.74- 19842 VOID OUT CHECK 200.00- 44581643 $1839437.99 04-05-94 9. CITY COUNCIL AGENDA DATE: SECTION: Petitions and Requests 3/29/94 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Community Development Variance Request #94-02, Mike Franzen Gerten Market Appeal at MIj. Menard's site A . REQUESTED COUNCIL ACTION: Mr. Gerten is requesting the Council to reverse the Board's action on his variance. The Boards vote on the motion to deny the request was 3:3. Background City Code allows commercial zoned lots outside areas for sale, rental or lease of merchandise or equipment provided the area does not exceed 10% of the base area of the principal building. The Menard's site received a variance for approximately 60% outside merchandise (products kept outside behind building). In 1993, the BOA granted a variance for a garden mart in the Menard's front parking lot area for a 61 day period. The variance increased the amount of outside merchandise by approximately 2%. Garden marts have also occurred at Cub, Target, and Walmart. The outside area at these sites were at or below the 10% limit. Many commercial stores utilize this code regulation in order to display merchandise in front of stores, tent sales, Christmas tree lots, seasonal produce, etc... The Board's discussion covered: temporary structures impact on permanent structures, screening, exterior materials and whether the code should be changed. Attachments: 1. Letters from Mr. Gerten 2. Board of Adjustments and Appeals Staff Report 3. Board of Adjustments and Appeals Minutes BARBU EAN\REPORTS\9402.CC G EY' e(co'? 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Me. c e: ("i5)874-591/ 4777�11ettard Drive Off Eau Claire, «'I 5470.3 February 8, 1994 • Mr. John Gerten Gerten ,Greenhouse F 0q50-7� 663 -03.65 •RE: Menard Plaza - Eden Prairie, Minnesota Dear John: • Please accept this note as confirmation that Menard, Inc . intends on entering into lease negotiations with you for a seasonal garden center at the location indicated on the attached site plan. i Sin erely/ 4i Pa l ynn Director of Sales & Leasing Menard Properties a i PF/sw i • 1 6 t • i I , i tOect-c) 60-c2<0/27ev� 1�ze� f,, G v-e.-it:4-?rJ l'at-'er?-27 ihci-e-e>_ ,e-Zz_2-2- ..),O) 014-4-4,,; -______ - — - f-02/122---<-04 -'')--v. ,2 4-a-eZe GC., a ./ k' C) 1 C ✓e- >,-y2.6 -:1 _-€ 72J ry7-e--) -f.A-1C _ L dye_ L,66e_..6 . -z.e4a ,_,4 ..e, ,,,}--e),;6,-ce__)___4-cz7-- e) ___________ ._ _ _i__-- .e(_- 01 ci1 --./4-t _.) --7,eozo 1 0-e-e4 Jot-azc,42.J / 1 .729-ze-2-41,e,(4) . i---„i-6 - 6d-c9.csyr (.&02-i4,:, —1f)J//'', ... 1 _______...._.____I ) _4--)-k)--)? .._-. _,-6-e) op-i-az. _-t./‹.(u ..efz,(5 -7-7 i aF2,2, ',:( /61-4 /. `c7 /ez.4e-e.W qcx,ofzy_7, / FV5/.. __ -- 7 e ce2t1 (Y-' C f ,,c,ei,-L2.4j-c) — __. jd2f /7c , -f Jte 7c 4L€) ___. .____I , cco „zr)-2. / 1 oz_e„ni , i2_,) ex„,-,s,T,", ._. _. ._ .._ ___I_,,,,_,g,„,2 . ..4,_) 7 ce_fte.-21._xcz._6‘,--Je. e.,664.:(_ip._eice) _ 1 ,re-GeGere .--2:10 �,,,e_rzev-rad ‘, ..,ex-e(i,/,--6-e>ice--c :: ______ _ I C,CLZO'rl r -fte),tece / 1-te -- 1 Gy( .--;e-AC) c-7,2,2e47-led.660.-C ,GGIC---ea ,..-e-e--40 ci---)21Z ,, ircci-L- viscP->.ti-cc) --- : (9‘zo-e-43--/e-e____) • 0 _ ___ ._________ ,-ice_ ).7_2.0,-Lyry_ ----- - C7-'n, � -. .._ • _ Lv- c/�" ,�" 7_ ..� -� _ a` a'-)..2-ce ------- ( 2--z_e..e,ta&vel __4t_c-t- f.?_ ,.. _,/i'Lit ,e ,e_x_Ier.",-e , ?--de a .,r 4--e, ,Yl „4" _Cif ,'Z c9�L0j _fe 02,7 0,-, ,.... -,),_ _____ -,----j---,4 . , a 1.i citz, 0 .6/0 v e.t./dc-_&L, _ _ ._ _ _ _may 1— . __ _ . . ._. .__ _ qcdp-t v1 ! t . - A - S- I / `.. 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Request #94-02 by John Gerten for 12600 Plaza Drive (Menard's). to allow a temporary poly-vent greenhouse structure (21' x 60' in size) for 83 days to be located in the Menard's front parking lot. The poly-vent greenhouse does not meet the Code requirement for exterior materials and will enlarge Menard's area of outside merchandise for sale. Background Menard's was approved in 1978. At that time a variance was granted for outside storage (lumber and product storage behind the main building). On March 11, 1993, the Board of Appeals and Adjustments granted a similar Variance (93-11) for John Gerten. The Variance was granted for a 61 day period. The hardship for the variance was that the plants need protection from the weather and the location requested was a reasonable place that would not hinder traffic flow. Request The applicant wishes to place a 21' x 60' poly-vent greenhouse in the Menard's parking lot for 83 days (April 15th to July 7) for the display and sale of plants. The structure would be placed over 8 parking stalls. The proposed location is 300+ feet from Plaza Drive and will be located in the east corner of the Menard's parking lot. The greenhouse will be separated from the main traffic flow, and will be partially screened by existing trees, berm and the Lamettry's building. The greenhouse's location has access to water and electricity. No chemicals or fertilizers will be sold from the greenhouse. The City experienced no difficulties with Mr. Gerten's temporary greenhouse last year. Poly-vent greenhouses have also been used at Cub Foods and other sites without any difficulties. On the Menards site there exists outside display of products which is approximately 65% of the buildings total square footage. These products are on the front walk and behind the building. The materials behind the building are screened by a solid wood fence and evergreens. The temporary addition of a 21' x 60' area for plant sales will increase the outside percentage by approximately 2%. The greenhouse will be secured down by concrete blocks. The City Building Department will review the plans in order to issue a temporary 83 day building permit. The Board may choose one of the following: 1. Approve Variance Request #94-02 2. Deny Variance Request #94-02 3. Continue Variance Request #94-02 Approval should be conditioned on a 83 day, temporary building permit being issued, and the requirement that the structure be removed within 7 days of the permits termination date. M:\BARBUEAN\BOA\9402 JJ • ___ )b Minutes Board of Adjustments & Appeals March 10, 1994 Johnson answered yes, that would be possible when the building permit is received. MOTION: Dye moved that the Board approve Variance Request 94-03 as submitted with a hardship being there is no opportunity to put the addition elsewhere on the property. Moeller suggested an amendment that the drainage situation be evaluated. Dye accepted the amendment and the motion passed 5-0 with Weeks abstaining. B. Request #94-02 by John Gerten at 12600 Plaza Drive (Menards) for permission to place a 21 ' x 60' greenhouse in the Menards parking lot from April 15, 1994 through July 7, 1994 . This proposed temporary sales greenhouse will result in the Menards property exceeding the allowable 10% of outside sales area permitted by code, and the poly greenhouse will not meet code material standards. John Gerten of Gertens Farm Market, Inver Grove Heights, came forward to present the variance request. He said he was requesting that a 21 ' by 60 ' greenhouse be constructed on the Menard property from April 15 to July 7th. From this structure they will sell bedding plants and nursery stock. They were located at this site last year and operated the business in a forthright manner. There was no vandalism or parking problems . They would like to operate the business there again this year. Johnson noted that Menards was built in 1978 . There was a variance granted at that time on the outside buildings . Gertens was in this same location last year for approximately the same period. She showed a sketch of the structure and noted that they had monitored the location and there were no noted traffic problems . Other similar structures have been located at Target, Cub, WalMart. Nelson asked why it was 61 days last year and the request is for 83 days now. Gerten answered that the lease is for 60 days . There is two weeks flex time added because of weather. The business will only be open for 60 days . Moeller asked how long it took to put the structure up and take 5 V EIT Pt 11 Minutes Board of Adjustments & Appeals March 10, 1994 it down. What about drainage control? Gerten answered that it would be up in one day and down in one day. The water hardly leaves the greenhouse area. No chemicals or fertilizers are kept. Vasaly asked Johnson if there had been any problems with these situations . Johnson answered that there had been no significant problems . Vasaly asked if this was the same structure, the same location, and if it would be removed on time. Gerten answered yes to all questions . Weeks opened the public hearing. Don Anderson of 7465 Eden Prairie Road came forward to speak regarding the request. He said the variance is based on two items : code materials and outside storage of 10% . More information must be considered here: 1 . None of these were allowed before last year. 2 . Is this a service that citizens need that is not already available here? 3 . Next,there may be one in front of Anderson Lake Road and 18 or Prairie Village Mall. 4 . Is that what we are looking for? 5 . He has 25 employees (full and part time) and pays a lot of taxes . These structures pay no taxes . 6 . He opened up his business 14 years ago. It was small and they struggled. He came to the City to do the same thing as this and was turned down. He does not think this is necessary or enhances the community. It will hurt his business. 60% of his gross is done in this same time period. Maybe that is what he should do (same as proponent) . His business is open year round. If this is granted, there will be many more. This variance should not be granted. Gerten came forward and said his greenhouse is made by the same 6 )L Minutes Board of Adjustments & Appeals March 10, 1994 company that made Andersons . If it is good enough for his year round business, it should be good enough for Menards parking lot. Regarding the question of taking away business, then there should never be a McDonalds next to Burger King. Competition creates business for everyone. When he sets his business up in Eden Prairie, it keeps people in Eden Prairie. Weeks closed the public hearing. Dye felt that Mr. Anderson's point should cause the Board to look at the ordinances . This would make an opportunity for many to build these structures on other lots . Nelson agreed and felt that these structures should be allowed only when there are not adequate permanent structures . Vasaly said she sympathizes with Anderson, but does not feel that competition is an appropriate consideration for deciding if a variance should be granted. There is a code for materials and this does not seem to meet code. Perhaps a permanent structure should be considered. Moeller said he was not sure if healthy competition should be considered at all. This variance should be considered on its own merits . The problem here is deeper. Uniformity needs to be established - maybe ordinances need to be changed. Weeks asked about PUD projects . He asked about the time limit on a temporary structure. Have precedents been set by previous approvals? He did not fee it was the job of this Board to re- write ordinances . Johnson said that there was a 180 day limit on temporary structures . Each site is considered separately. This request was approved last year. MOTION: Moeller moved that the Board delay action until it has a chance to pursue the proper course of action. ***Action taken on this motion at bottom of page. Weeks said if this were to be continued a month, it may affect Gerten's plans . Gerten asked if this were denied, would that mean that this 7 .�i r` k 13 Minutes Board of Adjustments & Appeals March 10, 1994 could not be done at Cub parking lot either? Johnson answered that Cub is a commercially zoned lot. 10% is allowed and Menards is over the 10% limit now. Vasaly felt it was better to make a decision this evening. Gerten said the lease starts when the building is set up. Dye asked what the reason would be for postponing a decision for 30 days . Moeller said it would allow time to study and consider the discontinuity. A standard approach is needed. Weeks said that a standard will not be established within 30 days . Postponing this decision is doing a disservice to the proponent. Nelson felt she had enough information for a decision. ***Vasaly seconded the motion. Motion to continue was defeated 5-1 with Moeller in favor. All others opposed. Motion denied. MOTION: Dye moved that the variance be denied on the basis of the exterior material variance and that this is an excessive use of property that already well exceeds the 10% allowed by code. Dunham seconded the motion. DISCUSSION: Vasaly suggested some type of screening be considered around the greenhouse. Menards lot has a solid wood fence for screening. Gerten said that there would be white plastic covering the structure. He could build a false front of lattice or some other material. Johnson said a greenhouse could be located in the back yard area of Menards . Gerten said that this would not be acceptable to Menards because of insurance and traffic problems . 8 Minutes Board of Adjustments & Appeals March 10, 1994 Vasaly said the item could possibly be continued if Gerten could come up with a plan for screening the structure. VOTE: In favor of Motion: Dye, Nelson, Dunham. Against Motion: Vasaly, Weeks, Moeller C. Request #94-03 by 24th and Hennepin Center Partnership of 16500 West 78th Street for approval for the Blockbuster lot without frontage on a public street. Approval on the Blockbuster site plan was granted in 1993 . John Trautz came forward to represent Blockbuster Video in presenting the Variance Request. The property under consideration is located at 16500 West 78th Street. He displayed a blueprint on an overheard project for the review of the Board. Code states that commercial property must have street frontage. Access would be through a parking lot. They propose to build a Blockbuster Video store on the site. This variance was overlooked when it should have been considered with the others. There is a similar Variance near Bakers Square. Johnson noted that this project had been before the Board in December of 1993 for consideration and site plan review. Others with this same platting situation are Bakers Square and an office building on 494 . Moeller, Nelson and Dye had no questions . Dunham had questions regarding signage. Johnson answered that signage was compatible for the building size. Vasaly asked what the hardship would be in this instance. Johnson said platting regulations do not cover these situations and the City prefers to consider such requests on a case by case basis . Weeks opened the public hearing and there was no response. The public hearing was closed. MOTION: 9 IS DATE: April 5, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: /(-.L.,E.j„ SECTION: Director of Public Works DEPARTMENT: ITEM DESCRIPTION: Public Works Award Contract for IC 94-5354 - City Street Striping Eugene A. Dietz Recommended Action: Award of IC 94-5354, City Street Striping to AAA Striping Service Company in the amount of$15,548.50 Overview: Sealed bids were received at 10:00 a.m. on Thursday, March 31, 1994 for the 1994 City Street Striping. Three bids were received and are tabulated as follows: AAA Striping Service Company $15,548.50 Twin City Striping $16,413.40 Precision Pavement $18,529.00 Financial Issues: 1994 City Street Striping budget amount is $25,000 under budget number 50-585-4440. Item No.XT.E,1 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. 94-5354 - City Street Striping 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 AAA Striping Service Company 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 AAA Striping Service Company in the name of the City of Eden Prairie in the amount of$15,548.50 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 April 5, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. DATE: April 5, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: XL:E Z SECTION: Director of Public Works DEPARTMENT: ITEM DESCRIPTION: Public Works Award Contract for IC 94-5355 - Fire Hydrant Painting Eugene A. Dietz Recommended Action: Award of IC 94-5355, Fire Hydrant Painting to Abhe & Svoboda, Inc. in the amount of$28,130.00 Overview: Sealed bids were received Thursday, March 31, 1994 for the 1994 Fire hydrant Painting. Three bids were received and are tabulated as follows: Abhe & Svoboda, Inc. $28,130.00 JMG Contracting $29,580.00 Allied Painting $36,540.00 Financial Issues: 1994 Fire Hydrant painting budget amount is $50,000 under budget number 73-4380-382-52. Item No. )CT•E 2. 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. 94-5355 -Fire Hydrant Painting 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 ABHE & SVOBODA, 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 Abhe & Svoboda, Inc. in the name of the City of Eden Prairie in the amount of $28,130.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on April 5, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No.