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HomeMy WebLinkAboutCity Council - 12/06/1994, AGENDA EDEN PRAIRIE CITY COUNCIL COUNCRMEMBERS: CITY COUNCIL STAFF: PLEDGE OF AlLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitda.eB Road Mayor Douglas Tenpas, Jean 1IanU, H. Martin Jessen, Patricia Pidcock and Nancy Trya-LukeDs City Manager Carl J. JuDie, Asdstant City Manager Chris Enger, Director of Parks, Recreation It Natural :Resources Bob I..ambert, Director of Public Works Gene Dietz, City AUomey Roger Pauly, and Council Recorder I. APPROYAL OF AGENDA AND OTHER ITEMS OF BUSINFSS n. OPEN PODIUM m.MINUTES A. CITY COWen. MEETING HEItD TUFBDAY. NOVEMBER 15. 1994 • B. TRum-IN-TAXATION HEt\RlNG REIn TUESDAY, NOVEMBER 29, 1m IV. CONSENT CALENDAR. A. CLERK'S UCENSE UST B. RECOMMENDATION ON PARK DEDICATION FEFJi FOR 1995 C, RESOLUTION ON TAX FORFEITED LANDS D. RFSOLUTJON APPROVING FINAL PLAT FOR BELL OAKS 6TH ADDITION (Jocated south of Riverview Road) E. REQUEST AUTHORIZATION TO PURCHASE YOJ.I,EVRALL STANDARDS F. APPROVAL OF CHANGE ORDER NO.1 FOR DEI.II ROAD FROM MAGENTA BAY/WEST 82ND STREET TO LINWOOD COJJKT, I.C. 94:5345 G. BFSOLUTION APPROVING FINAL PLAT FOR BELL OAKS 7TH ADDITION City Council Agenda Tuesday, December 6, 1994 Page Two B. CITY TO ACT AS mCAL AGENT FOR THE AFtER 5 VOCAL GROup L MCDQNALDS PLAYLAND ADDITION 2nd Reading of an Ordinance for PUD District Review and Zoning District Amendment on 1.5 acres and Adoption of a Resolution Approving Site Plan Review for McDonaids Playland Addition. Location: Prairie Center Drive and Highway 169. (Ordinance for PUD District Review and Zcming District Amendment and Resolution for Site Plan Review) J. LAKE EDENVIEW TOWNHOMES 2nd Reading of an Ordinance for Rezoning from Rural to RM-6.S on 2.6 acres and Adoption of a Resolution Approving Site Plan Review on 2.6 acres for Lake Edenview Townhomes; Approval of a Developer's Agreement for Lake Edenview Townhomes by Thompson Land Development. (Ordinance for Rezoning from Rural to RM-6.S and Resolution for Site Plan Review) K. BEST BUY EXPANSION 2nd Reading of an Ordinance for PUD District Review on 27.8 acres with a waiver to allow for the percent of office space allowed within the 1-2 Zoning District to exceed 50% and Zoning District Amendment in the 1-2 Industrial Zoning District on 27.8 acres and Adoption of a Resolution Approving Site Plan Review on 27.8 acres for Best Buy Expansion and Approval of a Developer's Agreement for Best Buy Expansion by Best Buy Corporation, Inc. Location: 7075 Flying Cloud Drive. (Ordinance for PUn District Review and Zoning District Amendment and Resolution for Site Plan Review) L REQUEST FROM A weAL ART BROKER TO PURCHASE THE J.R. CUMMINS HOMESTEAD PRINT AT WHOI,ESALE FOR THE PURPOSE OF RESALE M. APPOINTMENT OF AUDITORS FOR 1994 FISCAL YEAR N. RESOLUTION DESIGNATING RF$PONSIBLE AUTHORITY FOR DATA PRACTICES V. PUBUC HEARINGS/MEETINGS A. SUPER YALU CORPORATE HEADQUARTERS ADDITION by Super Valu Corporation. Request for PUD Concept Review on 135.4 acres. Location: North of Valley View Lane, between Highway 212 and 1-494. (Resolution for PUD Concept on 135 acres) B. PIONEER RIDGE 2ND ADDITION by R. H. Development. Request for Rezoning from Rural to RI-13.5 and Preliminary Plat of 12.13 acres into 25 lots, one outlot and road right-of-way. Location: County Road 4 and Pioneer Trail. (Ordinance for Rezoning from Rural to Kl-13.S and Resolution for Preliminary Plat) City Coundl Agenda Tuesday, December 6, 1994 Page Three C. OUTDOOR SAI,'S AND DISPLAY D. VACATION 94:15 -VACATION OF RIGHT-OF-WAY FOR PART OF WEST 70m STREET (Resolution) E. VACATION 94:16 -VACATION OF RIGHT-OF-WAY FOR OLD SHADY OAK ROAD (Resolution) VI. PAYMENT OF CLAIMS vn. ORDINANCES AND RFSQLVTIONS A. RFSQLVTION ADOPTING THE 1995 TAX I,EVY AND 1995 BUDGET B. SHADY OAK RIDGE 4TH ADDIDON 2nd Reading of an Ordinance for Zoning District Change; Approval of a Developer's Agreement for Shady Oak Ridge 4th Addition by Joe Ruzic. Location: Rowland Road and Old Shady Oak Road. (Ordinance for Zoning Dbtrict Change) vm. PETITIONS. REQUESTS AND COMMUNICATIONS A. PETITION FOR SKATING RINK AT PHEASANT WOODS PARK B. REQUEST FROM SEYER PETERSON TO PURCHASE A PORTION OF CHARLSON PROPERTY C. REQUEST AND REPORT BY THE EDEN PRAIRIE RETAILERS REGARDING THE EDEN PRAIRIE RETAIL TOBACCO ORDINANCE IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITI'EES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBER5 B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RFSOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBUC WORKS 1. Accgpt Pmposal for a PaYement MalNllcement System from Braun Intertec;. LC. 94:5351 city Council Agenda Tuesday, December 6, 1994 Page Four 2. Award Contrad for Intersection RCCOJgtnJction and Traff"1C Sil'Y'k at Anderson '..aka Parkway and Preserve Boulevard. I.C. 94-5349 (Resolution) F. REPORT OF CITY ATI'QRNEY XU. QTHEK BUSINF.SS XllI. ADJOURNMENT MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBERI5,1~ COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Councll Chamber 8080 Mitchell Road Mayor Douglas Tenpas, Jean Harris, H. Martin Jessen, Patricia Pidcock, and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Councll Recorder Jan Nelson Mayor Tenpas called the meeting to order at 7:30 p.m. Councilmember Jessen was absent. Councilmember Pidcock said it would be approrpriate to remember the family and friends of the Hussey family on this the one year anniversary of the abduction and murder of Grant Hussey. APPOINTMENT OF COUNCILMEMBER TO FILL V ACANCY ON CITY COUNCIL THROUGH DECEMBER 31, 1994 Staff reported that Ms. Nancy Tyra-Lukens had received the most votes at the November 8 Council election and recommended that she be appointed to fill the vacancy on the Council through December 31, 1994. MOTION: Harris moved, seconded by Pidcock, to appoint Ms. Nancy Tyra-Lukens to fill the City Council vacancy through December 31, 1994. Motion carried unanimously. PRESENTATION OF AWARD OF COMMENDATION TO MATTHEW DOWNING AND MICHAEL PRIGGEE The Police and Fire Awards Committee presented Commendation Awards to Matthew Downing and Michael Priggee for performing CPR on Richard Coller, who suffered a heart attack at the Flagship Athletic Club. City Council Minutes 2 November 15, 1994 SWEARING-IN OF NEW COUNCILMEMBER City Attorney Pauly administered the Oath of Office to Ms. Tyra-Lukens. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI. A. 1. UPDATE ON SOUTHWEST SUBURBAN CABLE COMMISSION. Tenpas added item XI. A. 2. TOBACCO ORDINANCE TASK FORCE. Jullie added item N. I. LETTER OF INTENT FOR PURCHASE OF SITE FOR A NEW LIOUOR STORE • MOTION: Harris moved, seconded by Pidcock, to approve the agenda as submitted and amended. Motion carried unanimously. n. OPEN PODIUM There were no presentations during this portion of the meeting. m. MINUTES A. CITY COUNCIL MEETING HELD TQFSDAY. NOVEMBER 1. 1994 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the City Council held Tuesday, November 1, 1994, as submitted. Motion carried on a 3-0-1 vote, with Tyra-Lukens abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESCHEDULE JOINT CITY COUNCIL/FLYING CWQD AIRPORT ADVISORY COMMISSION MEETING FROM TUESDAY. NOVEMBER 15. 1994. TO TUESDAY. DECEMBER 20. 1994. 6:15 PM C. RESOLUTION #94-182. APPROVING FINAL PLAT OF CITY WEST ACRES (located east of Shady Oak Road and north of City West Parkway) D. OOOLITTLES AIR CAFE 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution for Site Plan Review for Doolittles Air Cafe; Approval of a Developer's Agreement for Doolittles Air Cafe by Reimer, Olson Limited Liability Partnership. Location: singletree Lane and Prairie Center Drive. (Ordinance #42-94, Zoning District Amendment and Resolution #94-183, Site Plan Review) \ City Council Minutes 3 November 15, 1994 E. RESOLUTION 194-184. APPROVING PLANS AND SPECIFICATIONS FOR CITY WEST PARKWAY EXTENSION. I,C. 52-067 F. BUCA RESTAURANT 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution Approving Site Plan Review for Buca Restaurant; Approval of a Developer's Agreement for Buca Restaurant by Parasole Restaurant Holdings, Inc. Location: Highway 5 and Mitchell Road. (Ordinance #43-94, Zoning District Amendment and Resolution #94-185, Site Plan Review) G. RESOLUTION #94-186. FINAL PLAT FOR SOWLES ADDmON Qocated east of Dell Road and north of Pioneer Trail) H. CITY WEST ACRES/CENTRON DPL COMPANY 2nd Reading of an Ordinance for PUD District Review on 12.4 acres and Zoning District Amendment in the 1-2 Park Zoning District on 12.4 acres; Adoption of a Resolution for Site Plan Review· for Centron DPL Company; Approval of a Developer's Agreement for City West Acres/Centron DPL Company by Ryan Construction Company of Minnesota. Location: City West Business Center. (Ordinance #41-94-PUD-S-94, PUD District Review and Zoning District Amendment and Resolution #94-187, Site Plan Review) I. LETTER OF INTENT FOR PURCHASE OF SITE FOR A NEW LIOUOR STORE MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve items A. -H. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGStMEETINGS A. VACATION 94-09. VACATION OF PART OF THE RIGHT-OF-WAY FOR WEST 82ND STREET (SOUTHERLY> (Resolution #94-188) Continued from November 1, 1994 This item was continued from the November lst meeting. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the public hearing; and to adopt Resolution #94-188, approving Vacation #94-09. Motion carried unanimously. City Council Minutes 4 November 15, 1994 B. VACATION 94-10. VACATION OF EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY FOR PART OF TECHNOLOGY DRIVE IN SECTION 16 (Resolution#94-189) Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Harris moved, seconded by Tyra-Lukens, to close the public hearing; and to adopt Resolution #94-189, approving Vacation #94-10. Motion carried unanimously. C. VACATION 94-11. VACATIQNOFPART OF THE RIGHT-OF-WAY FOR WEST 82ND STREET <NORTHERLY> (Resolution #94-190) Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the public hearing; and to adopt Resolution #94-190, approving Vacation #94-11. Motion carried unanimously. D. VACATION 94-12. VACATION OF A TEMPORARY EASEMENT FOR PART OF DELL ROAD WCATED IN SECTION 6 (Resolution #94-191) Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Harris moved, seconded by Tyra-Lukens, to close the public hearing; and to adopt Resolution #94-191, approving Vacation #94-12. Motion carried unanimously. E. VACATION 94-13. VACATION OF PART OF THE RIGHT-OF-WAY FOR PRAIRIE LAKES DRIVE (Resolution #94-192) Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the public hearing; and to adopt Resolution #94-192, approving Vacation #94-13. Motion carried unanimously. City Council Minutes 5 November 15, 1994 F. VACATION 94-14. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN CITY WEST BUSINESS CENTER (Resolution #94-193) Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the public hearing; and to adopt Resolution #94-193, approving Vacation #94-14. Motion carried unanimously. G. VACATION 94-15. VACATION OF RIGHT-OF-WAY FOR PART OF WEST 70TH STREET Dietz reported that the property owners who initiated this request have asked for additional time to discuss alternate access easements and land transfers with the adjoining property owners. MOTION: Pidcock moved, seconded by Harris, to continue this item to the December 6, 1994 Council meeting. Motion carried unanimously. H. BEST BUY EXPANSION by Best Buy. Request for PUD District Review on 27.8 acres with a waiver to allow for the percent of office space allowed within the 1-2 Zoning District to exceed 50%, and a waiver to allow for temporary off- site parking for 100 cars until June 1, 1995, Zoning District Amendment in the 1-2 Industrial Zoning District on 27.8 acres and Site Plan Review on 27.8 acres for the addition of 72,000 sq. ft. of office space within the existing building and 196 parking spaces. Location: 7075 Flying Cloud Drive. (Ordinance for PUP District Review and Zoning District Amendment) In the absence of the proponent, Enger reviewed Best Buy's expansion proposal and explainedthe waivers required for the project. He said the Planning Commission reviewed this project and voted 6-0-0 to recommend approval at their October 24, 1994 meeting, subject to the recommendations of the Staff Report. There were no comments from the audience. MOTION: Harris moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Review and Zoning District Amendment, including waivers to exceed the 50% office space requirement and for temporary off-site parking; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes 6 November 15, 1994 VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Harris, Pidcock, Tenpas, and Tyra-Lukens voting "aye". VU. ORDINANCES AND RESOLUTIONS Vill. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMflTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF CQUNCILMEMBERS 1. UPDATE ON SOUTHWEST SUBURBAN CABLE COMMISSION. Pidcock reported that the commission has a program to be shown on Paragon Cable that discusses the roles and requirements for the public partnership in cable television. 2. TOBACCO ORDINANCE TASK FORCE. Tenpas said the task force has not completed the review of the new tobacco regulations and someone else will have to chair the committee because his term of office is over soon. He said they still need to have closure with all parties. Harris asked if there will be major revisions of the proposed ordinance as she would prefer to adhere to the spirit of the original proposal. Tenpas said they are discussing the retailers' concerns but the proposal should be the same as the original or tighter. B. REPORT OF CITY MANAGER XU. OTHER BUSINESS XID. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to adjourn the meeting. Mayor Tenpas closed the meeting at 7:50 p.m. MINUTES EDEN PRAIRIE CITY COUNCIL TRUTH-IN-TAXATION HEARING TUESDAY,NOVEMBER29,1~ 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: CITY COUNCIL STAFF: Pledge of Allegiance Mayor Douglas Tenpas, Jean Harris, H. Martin Jessen, Nancy Tyra-Lukens, and Patricia Pidcock City Manager Carl J. JuDie, Assistant City Manager Chris Enger, Assistant to the City Manager Craig Dawson, Director of Parks, Recreation & Natural Resources and Facilities Bob Lambert, Director of Public Works Gene Dietz, Finance Director John Frane, City Assessor Steve Sinell, Director of Inspections Kevin Schmieg, Director of Human Resources & Community Services and Safety Natalie Swaggert, Police Chief Jim Clark, and Fire Chief Spencer Conrad ROLLCALL: All Councilmembers were present. I. CALL TO ORDER Mayor Tenpas called the meeting to order at 7:30 p.m. ll. PUBLIC HEARING A. OVERVIEW OF 1995 PROPOSED BUDGET AND TAX LEVY City Manager Jullie reviewed the $22,058,500 proposed budget for General Fund operations and debt service levies in 1995, and the $13,900,000 net tax levy needed to support it. He noted that development activity and the increase in population remain at high levels, and that the City needed to respond to these new responsibilities and customers. In developing the 1995 budget, the City looked at what residents would consider to be a reasonable increase in the City's portion of the property tax, identifying what other revenue sources would yield, and then reduce spending requests to meet the anticipated revenue. Property taxes comprise about two-thirds of the revenue to the General Fund. Given early projections of the City's 1995 tax base, a 4.75 percent property tax increase on the median-value home would raise the City tax $24 for the year; the total net tax receipts to the City would be $13,900,000, an increase of $1,075,000. Later information from Hennepin County showed the City's estimate of tax capacity to be low--the resultant increase on the median-value homestead was $19 for the year (3.83 percent). The estimated increase in Minnesota Personal Income was 4.5 percent. Minutes of November 29, 1994 Eden Prairie Trutb-io-Taxation Hearing Page Two Jullie then reviewed significant changes in revenue sources and planned spending for 1995. He also noted that further adjustments to the 1994 budget resulted in expenses $333,000 below the originally-adopted budget. Planned use of the General Fund balance for 1994 had changed significantly--instead of using $605,000 anticipated to balance the original budget, it now appeared that $301,000 would be added to the 1994 year-end fund balance. Pidcock questioned whether the revenue estimates for building contractors licenses and building permit fees had taken into consideration the level of activity that would be affected by higher interest rates. Staff responded that it expects building activity to remain strong through 1995. She also requested further information about the estimates for revenue from planning and engineering fees, fees for the second ice arena at the Community Center, and tenant rental income. Jessen asked for and received an explanation about the removal of Municipal State Aid Street system revenue from the General Fund. B. PUBLIC COMMENT AND DISCUSSION Letters from Donald H. Hawkins, 7221 Muirfield Lane, and Paul D. Borden, 9745 Mill Creek Drive, were presented to the Council. Both residents requested the Council to reduce the City's proposed tax and spending level. Gre~ Olson. 7373 Ann Court, requested specific information regarding the proposed spending increases in Police, Fire, Streets, Equipment Maintenance, and Streetlighting. Staff explained the changes proposed, and Mr. Olson noted that he was looking at the wrong column for the proposed spending totals. Mr. Olson believed that the City'S spending for operations markedly exceeded inflation on a per capita basis from 1992-1995. Tenpas commented on the history of the City's tax levies over that period of time. He noted the City's efforts to hold taxes down in 1992 and 1993, and its overall efforts to hold down taxes and spending since 1992. The 1995 budget was a catch-up year to address deferred matters. Jim Bertrand. 14729 Lanedon Place, noted that his City tax increase would be 11 percent; he wanted all local governments to control spending. Due to the City's expenditure level for legal services, he suggested that the City consider an in-house legal staff which might also be able to be shared with other cities. He believed that the City should revisit its "growth-pIus-inflation" guideline in developing its budget. Tenpas said that the council and staff will be looking at longer-term financial planning. Harris noted that there were dollar savings resulting from the City's quality initiatives which did not appear in the budget. Jullie related several successes from quality initiatives. Jessen restated his disagreement with the growth-pIus-inflation approach--he believed that economies-of-scale should be occurring. He was uncomfortable with a proposed budget which exceeded the growth-pIus-inflation framework by $500,000. Paul Freeman. 10076 Meade Lane, believed that the rate of spending was increasing too rapidly. He wanted comparative information to be communicated to residents: how does the $22 million budget proposed by Eden Prairie compare to such cities as Minnetonka, Plymouth, and Edina. He wondered what the City was doing to protest the tax increase proposed by Hennepin County. Minutes of November 29, 1994 Eden Prairie Truth-in-Taxation Hearing Page Three Tenpas noted the City's efforts to further the City's interests through such organizations as the League of Minnesota Cities, Association of Metropolitan Municipalities, and the Municipal Legislative Commission. Duane Hilleman. 16780 Whittin&ton Walk, had several questions about the property tax system and the shifts in tax burdens which occur from commercial/industrial to residential. He did not like the attitude that the City did not care whether tax dollars came from residents or businesses. Councilmembers explained that property tax reform can be made only by the State Legislature. The City Council does not decide to favor one type of property in determining estimated market values-- the Assessing staff treats each property equally. The City's valuations are checked by both the Hennepin County Assessor and the Minnesota Department of Revenue for accuracy and equal treatment. Jay Kershaw. 6949 Edenvale Boulevard, noted his total tax bill would be going up 20 percent (as his estimated market value had risen 10 percent). As his firm also rented office space in Eden Prairie, he was concerned about the impact that the metropolitan fiscal disparities program had on the taxes paid by both businesses and residents in the city. He asked that the Council look closely at every dollar spent, that it adopt the "survival" attitude that small business must have. Jessen stated several concerns about the proposed budget. He also related that he would not be present at the December 6 Council meeting, and that he would be stepping down from the Council early in 1995 as he would be moving to Phoenix, AZ for business reasons. He believed that the City would face serious budget problems in two to three years. He noted that $1.6 million in one-time revenues were included to balance the budget. Debt service obligations were up $500,000 over 1994, and he did not see significant reductions in these outlays unti12003. He believed there was $500,000-700,000 too much spending in the 1995 budget. Jessen suggested raising the fees for building permits and engineering services $100,000 each. Only $150,000 of the $610,000 in tenant rental income should be used as an operating revenue for 1995. Only $400,000 should be used of the revenue available from the sale of property on USHwy 169 ($400,000) and the use of general fund balance ($743,000). He suggested that to reduce overall spending: *overall employee salary and benefit adjustments be reduced by one-third; *the $90,000 contingency be eliminated; *the only new staff authorized be two police officer positions; *reduce the equipment certificates outlay by $150,000; and *reduce the $209,000 scattered throughout the budget for purchase of computer equipment and furniture to $100,000. Tenpas was concerned that Jessen's approach was a one-time fix; it did not fundamentally change the way the City is doing business. He believed the Councilmembers were not naive in 1992-93 that in keeping the tax levy essentially constant, there would not be larger increases in later years. He thought that making cuts for the sake of making cuts would lead to greater problems later. Minutes of November 29, 1994 Eden Prairie Truth-in-Taxation Hearing Page Four Harris said that the Council made conscious decisions over 1992-93 to keep the City's tax levy well below growth-plus-inflation, and that Councilmembers knew they would need to have tax levy increases higher than that guideline sometime later. The 1995 budget year reflects that expected change in circumstances. She also said she preferred conservative revenue projections. Pidcock expressed concern about the growing cost for health care insurance in the public sector. Tyra-Lukens asked for reasons behind reductions in the amount of anticipated tax delinquencies. ID. CWSE PUBLIC HEARING Pidcock moved, and Harris seconded, that the Truth-in-Taxation Hearing be closed. Motion passed, 5 -O. Pidcock moved, and Harris seconded, that the Council consider a resolution to adopt the 1995 tax levy and to approve the 1995 budget for general fund operations and debt service obligations at its December 6, 1994 meeting. Motion passed, 5 -O. IV. ADJOURNMENT At 9:42 p.m. Harris moved, and Pidcock seconded, to adjourn the meeting. Motion passed, 5 -O. DEPARTMENT: CITY COUNCn. AGENDA SECTION: CONSENT CALENDAR ITEM DESCRIPTION: DATE: 12-6-94 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. PLUMBING Century Plumbing Eide Plumbing Company Ivan C. Lanars r~eier Plumbing Peterson Plumbing & Heating Action/Direction: 12-6-94 REFUSE HAULER Vasko Rubbish Removal, Inc. page 1 EDEN PRAIRIE CITY COUNCIL AGENDA Parks, Recreation and Natural Resources Commission SECTION: Consent Calendar DEPARTMENT: PRNR ITEM DESCRIPTION: Cash Park Fees for 1995 Robert A. Lambert ~ BACKGROUND: The City Council established park fees for 1994 as follows: Residential Development Park Fees Commercial, Office, Industrial Park Fees $900 per unit $3,250 per acre DATE: 12/6/94 ITEM NO.J1-. B State law allows the City to require dedication of either 10 % of the land being developed or a fee in lieu of land dedication equal to 10 % of the value of the land being developed. The fee of $900 per unit for development would place a value on residential land (based on two-half acres per unit for low density residential) at approximately $22,500 per acre for single family residential land. Commercial, industrial and office land being charged $3,250 per acre at 10 % of the value would place the value at $32,500 per acre. Previous City Council's have requested that the City's park fees be based on a conservative estimate of the value of raw land, and be comparable to other fast growing cities in the southwest suburbs, as well as being sufficient to provide the necessary recreational facilities to accommodate the new residents (or employees) that are being added to the park system through the proposed development. The City of Chanhassen currently charges developers a park fee of $900 per unit, plus a trail fee of $300 per unit and charges commercial, office and industrial developers $4,500 per acre for a park fee and $1,500 per acre for a trail fee. The City Assessor estimates that raw land values have increased at a minimum of 5 % over the last year; however, he admits that raw land value increases vary depending on the type of use guided for that land and the location and type of land being evaluated. RECOMMENDATION: City staff recommends the City Council increase park fees 5 % for both residential and commercial, office and industrial development. That recommendation would result in a 1995 park fee rate of: $945 per unit for residential and $3,410 per acre for commercial, office and industrial development. BL:mdd cashparklBob 1 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/6/94 SECTION: Consent Calendar ITEM NO.ff, ~ DEPARTMENT: Parks, ITEM DESCRIPTION: Tax Forfeited Lands Recreation and Facili,t:s Stuart A. Fox ffi~ Attached is list 844-NC, a list of non conservation land located in Eden Prairie, which has been pronounced tax forfeit to the State of Minnesota for non payment of property taxes. As provided in Minnesota State Statute 282, Hennepin County has requested the City to either approve parcels for public auction, approve sale to adjacent property owners, or request conveyance to the City for public use. The list includes seven parcels of property described as follows: PARCEL PIN DESCRIPTION PENDING SPECIALS l. 09-116-22-12-0066 Glenshire, Outlot A $81,747.41 2. 09-116-22-24-0008 Prairie Knolls, Outlot B -0- 3. 10-116-22-23-0212 Village Greens Condominiums, -0- Unit #G13 4. 10-116-22-23-0213 Village Greens Condominiums, -0- Unit #G14 5. 15-116-22-11-0004 Data Serv Business Center, -0- Lot 1, Block 2 6. 15-116-22-42-0029 Windsong Two, Outlot F -0- 7. 17-116-22-42-0003 Unplatted Property $2,694.48 • RECOMMENDATION: The staff has reviewed these seven parcels and looked at potential usage of any of the parcels for public purposes. The consensus of the staff is that the parcels by disposed in the following manner: Offered for Sale at Public Auction: Parcel number one is a large outlot located adjacent to Glenshire Subdivision. With the large amount of pending assessments, plus the unknown factor of how much is buildable, we feel that this parcel should be released to public auction. Offered for Sale to Adjacent Owners at Public Auction: Parcels number three and four are a garage units and, therefore, would only be of interest to individuals living within the Village Green Condominium units. Therefore, the recommendation is to offer them at public auction to adjacent condo owners. 1 Parcels to be Conveyed to the City of Eden Prairie: Parcel number two is a 2.14 acre land locked parcel of land adjacent to the Edenvale Conservation Area and directly north of the property on which the City well house #7 sits. (map #2) It would be added to the parkland/conservation area. Parcel number five is a .3 acre site northwest of the Data Serv building on the comer of Technology Drive and Prairie Center Drive. This site should be acquired either by the City or MnDot since any future expansion of 212 in this area would certainly involve the use of this parcel for road right-of-way. (map #3) Parcel number six is located east of Windsong Second Addition and immediately adjacent to Purgatory Creek Recreation Area. This is a parcel that was going to be gifted to the City in the past by the developer, however, it is apparent now that the parcel is tax forfeit and this will not be necessary. The City can simply receive the parcel via the tax forfeiture statute. (map #4) Parcel number seven is a .15 acre parcel fronted by Eden Prairie Road and the Hennepin County Light RailISuburban Hennepin Park Trail. This parcel should be acquired by the City to accommodate future road right-of-way considerations either for the upgrading of Eden Prairie Road or the bypass lanes necessary for traffic leaving Miller Park. (map #5) City staff recommends that the City Council approve the resolution authorizing the disposal of these tax forfeited properties as outlined above. SAF:mdd TaxiandiStuart 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Non-Conservation List 844-NC, which lists 7 (seven) properties in said municipality which have become property of the State of Minnesota for non payment of real estate taxes, (list attached), and WHEREAS, provided in Minnesota Statute 282, the City Council is asked to determine the disposal of these parcels of land, and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these parcels in the following way: 1. Parcels offered for sale at public auction: PIN 09-116-22-12-0066 with pending special assessments of $81,747.41 2. Parcels offered for auction to adjacent owners: PIN 10-116-22-23-0212 with no pending special assessments PIN 10-116-22-23-0213 with no pending special assessments 3. Parcels conveyed to the City of Eden Prairie for public use: PIN 09-116-22-24-0008 with no pending special assessments PIN 15-116-22-11-0004 with no pending special assessments PIN 15-116-22-42-0029 with no pending special assessments PIN 17-116-22-42-0003 with pending special assessments of $2,694.48 ADOPTED by the City Council of the City of Eden Prairie this 6th day of December 1994. Douglas B. Tenpas, Mayor ATIEST: John D. Frane, City Clerk SEAL TaxRes/Stu -.3- MM' Property 10 Number N ER Property Address -1-- --II -II K;;; - 9629 09-116-22 120066 I UNASSIGNED ADDRESS ru. VACANT LAND ( PAtIu 9630 09-116-22 240008 UNASSIGN ED ADDRESS 1IiftIi' ~ VACANT LAND 2.~ 9632 10-116-22230212 UNASSIGN ED ADDRESS ('Nt, C:~I ~ IICON[)O.GARAGEONLY}~ 9633 10-116-22 230213 UNASSIGNED ADDRESS 12 .... '4-D.GQNDO/~41'U1. ~~.ONLY{U fM· 9636 15-116-22 11 0004 3 PM' ~ ;-UNASSIGNED ADDRESS e~' VACANT LAND 1638 15-116-22 420029 t~. UNASSIGNED ADDRESS :&.11, VACANT LAND 9640 17-116-22420003 15"... ~ \ Ii 8216 Eden Prairie Rd. rec. VACANT LAND Target NO NO NO NO NO NO NO NON -CotU~uA-"",otJ eLPt5.S'F/~~7JO"rJ L./~T 8#-~~ 11,:=::/:;:::;;:)))},ED§N:PRAIRIE(61 >;Ji;{::::j:i:/:::/;:{::;II PREVIOUS OWNER LEGAL DESCRIPTION DATE OF DATE BUILDING MARKET -----.-. -------.. - EOENVALE INVESTORS No OUTLOT A 4/30/91 8/26/94 $55,400 GLENSHIRE MJP PARTNERS No OUTLOTB 4/30/91 9/15/94 $3,100 PRAIR!E KNOLL E & P ASSOCIATES Yes UNIT NO G13, CONDO 516 4/30/91 9/15/94 $2,300 $2,400 VILLAGE GREENS CONDOMINIUM E & P ASSOCIATES Yes UNIT NO G14. CONDO 616 4/30/91 9/16/94 $2,300 $2,400 VILLAGE GREENS CONDOMINIUM FEEDERS, INC No LOT 1 BLOCK2 4/30/91 9/15/94 $12,400 DATASERV BUSINESS CENTER THE KOOSMAN RICE CO No OUTLOTF 4/17/89 6/16/94 $125,000 WIND SONG TOO GJ & 0 M MILLER No COM ON E UNE OF NW 1/4 OF SE 1/4 4/30/91 9/15/94 $1,500 AT ITS INTERSEC WITH THE S LINE OF R&W OF MPLS AND ST LOUIS RY TH S 127 FT TH W 110FT TH NE TO BEG. EX ROAD. UNPLATIED 17-116-22 SPEOAL ASSESSMENTS --.--------- $81,747.41 $0.00 $0.00. $0.00 $0.00 $0.00 (I !if-?lI. 'it, \ I ( I ) / OUTlot It (21) I I I I I~ __ I_a:_ ----1 co _aT J '3) ~LINE OF TORY CREEK ATTED I~ -s- - 255 '" (1) ~~~ 0 f! • ", • ~ ;" ~~~ '" O\JT\ot N (2) I • t~ M-.p I (~l) II (17) tgz.ve (I) 113. I' I (39) 183.03 • 'f, (9) OUTLOT B (6) .(2.14A£') ( 2629. 54 ~ RES '~*'~I;!~:~t~"'~f~~,'~~~(1:;·":'::· Hi' . -2627.48 RES -:L .. _ \ \ \ I \ -~ . ~ • .:: I ~ . -'.-. ~ . ... ~ ,... '.- \ \ . .; -~ ;.: - , .. ," ;':t!. : .. .. ".', :- :.~ • : J . . :-.... : .:.': '. . .pJ;. ~~. 'f.r...... '. I ..... .., -~ ..•. _. . ~ ~ _ -""-17U -Ii· .... ~:...--------- \ '22\011 __ - - - - - - -"""'f;.: QR ~ ... ,.'t'~~~6s&\·1.'45'~_:::·::·':'--:::·::· :---.: ..... ~ ____ ... _iio-~ ~ ~ ... 2' • . •.... , ___ ......... I •. -~ \'" --... -. . ~.' I g " ~ ....... -.. ~-(4) ...•• ~ -----',~:" .:-----::.",,-\'" "'. I " ........ I. ,l,; .. .:..---\ . -_ .... ..,.~~ .".".. ----~ ~ r--- I!&9· J -~,;~.-----1~~I,IC.~12---------.-- ( 5) ~ATASlEr~ .lDJlUlS UIIE FS . " ~IEOOT~~ t. o. ~. :.,;,. .. ••.. 1 (4) ( 5) 2 J'" '99· 16 / ----------------------- L Ie NO 5727862 '48'12'" .................. --7- , , , , , I '. I .' ........ 2e5 351. ~5 V> ~ w 2 a:: ( 6) .0 !:: LO co -, ~~ft1.;i;~·· ·t ... ",' ." .~. , .; .: ~ . " ... ,' ... -, . , ~.; ~,.. ':".' .. ;:.~;~.~~: '_:~J'. Z299.68 ......... 1:!:S.66 NlJ9"W54"E OU1LOI E (8) 'rnIMDSO~C VlO ~~S.ECOIMD ADDM (30-33) • OUTLOl F (29) (II." I\e.) ......... 915.)1 ......... 10ZO t .. ·Mt.P4 ( PMZCELt) Z09.29 3 (7) .-y- ;10. !7 " ..... 2643.29 RES I I I ...... I I I I I I ~ ..... CI I ~ r -. -: '.- . f",': . ~ .. ., ..... . ... : , '."-; (I) (7) (6) N89·36'. ( 5) N&7·"S'W 4 • '355.0 ---------1-- ( 48) (49) -9-48Z.6/ ~ (?) I " . .:a. MAP"; (PIdZeEL 7) DATE: 12/06/94 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: tIl, lJ SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bell Oaks Estate 6th Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution approving the final plat of Bell Oaks Estates 6th Addition subject to the following recommendations: 1. Receipt of engineering fee in the amount of $250 2. Receipt of street lighting fee in the amount of $107 3. Receipt of conservation/scenic easement over bluff area of lot, consistent with Developer's Agreement requirements. Overview: This proposal is a further subdivision of the Timber Bluff PUD approved by the City Council in April of 1991. JJ:ssa cc: David Brown, Brown Land Ed Ames, OSM Item No. JJ2. V, I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BELL OAKS ESTATES 6TH ADDmON WHEREAS, the plat of Bell Oaks Estates 6th 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 Bell Oaks Estates 6th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 1, 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 December 6~ 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. jJ[.. 'j). 2 QSM.g~t",. W.,erOD • A •• oct.te., lac. I ..... &rcS.llecu _ ,.. • ..,.. • h".,." "-~ t::J l'\l NO. cr C2 C3 OELTA 62" 48' .fa 17'50'51 54'12' 25 LENGTH Si:Tz 31.1S i7:To" RADIUS 5Q.'Oo" 100.00 so.oo , , .'-'. .. .. .'-\ ' , CH. aRG. 533"03'02»[ 55"-.0' 13"[ 554"12'31 -E " .. -- :-~ '. '.- CHORD '5'2:""i1 31.02 .-sT6 --: ':. . .' BELL --:. ~;. '.:J 1\'.1,. "0"" OAKS ESTATE '., '~"j f'-2... ' •. " '"-, . :: .. Eli:":, ,.-- -, ::':;/t.~: S :-.<: :-[:-C:.~1.:..," .. ~" "~'I .<: DD/ :-/O ... ~: ----- ~} ... ~:~ :'" ,-. ":~ '.' " ":- ,---, 6TH , , , :g g .., • . ~ N ... : z : ADDITION (,. ... --S 0'07'28'. 338.42 ,- f'~ .. '.', r: -..: ()'\ ,\'" ()\) -'; :;. ., .... =:: .. --:, .. ~ . ~. ,- PO: .. .~ C.R. DOC. NO. ~ 10 40 10 160 ----SCALE IN FEET o DEMOTtS IRON .a«.lMENT BEARING NOTE' THE ~ST LINE r7 OUTLOT 8. BELL OAKS ESTATE 4TH ADDITION IS ASSUlE.O TO BEAR NOO·O"2'-E. , • , ~ NO'07'2a'E \ NO 07 28 E ~ _____ ---. 1286'7 ' __ •• --232.00 •••••• • •• ---• --~ ~:~---=------\. -----1542.11--------------"'''' .. I "'-HENNEPIN COUNTY IiIONI..II€NT AT ' ... WEST LINE OF GOY" lOT 1.$£t. 36 & MENNEPIN CQUHTY ItIlHUIE'NT " THE NW COR. OF' GOY'T LOT ,. WEST LINE OUTLOT 8. BELL OAKS ESTATE AT JlEANDER CORH£R ON WEST " SEC. ]6.T.t16.R.22 4TH ADDITION LIHE rs GOV" LOT 1 ___ ..... ' 'SHEET 2 OF 2 SHEETS EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/6/94 SECTION: Consent Calendar ITEM NO. IV. E DEPARTMENT: Parks, ITEM DESCRIPTION: Request Authorization to Purchase Volleyball Recreation and Facilities Standards Bob Lanzi~ Athletic ~~ Coordinator REQUEST Staff requests to purchase a two court three-pole Sheldy aluminum upright volleyball system to be installed at the Central Middle School. EQUIPMENT DESCRIPTION AND COST Equipment Installation Total $3,996 ~ $4,861 (posts, nets, floor sleeves and covers, safety padding, officials stands, equipment cart, and accessories for two volleyball courts.) The floor sleeves and covers would be purchased by the School District( $465) and would become a permanent fixture of the school. Community Education would pay for half of the installation costs ($432.50). The City would pay the remaining amount for the purchase of the volleyball equipment ($3,963). The Adult Athletics Division sets aside $2,000 each year from the adult volleyball leagues for capital improvements. The current balance is $6,300. BACKGROUND When Eden Lake Elementary School and Cedar Ridge Elementary School were opened, the City purchased higher quality volleyball standards and nets for the adult volleyball programs at those two schools. The City programs are the primary user of this equipment. When Oak Point Intermediate School opened, the City did not purchase the equipment as the school standards were appropriate for our use. The City did provide higher quality nets and additional hardware to raise the nets to adult height. The School District replaces these nets and hardware as needed. As the City's gym use has grown over the years, the need for better quality volleyball equipment at Central Middle School has become evident. The School District furnished new equipment in the new gym. However, the volleyball equipment in the main gym needs to be upgraded and replaced. -1- The City is the main user of the equipment at Central Middle School, using it Monday through Thursday evenings from 6-10 p.m., and on Saturday mornings from 8-11 a.m. throughout the school year. The City would retain ownership of the equipment, and allow use of the equipment by the school and community groups. The school would provide safe storage for the equipment in the athletic area. It would be the school's responsibility to provide routine maintenance and repair, and to replace nets and hardware to keep the equipment in good working order. If it became necessary for the City to remove the volleyball equipment from Central Middle School for use at another site, the City would provide adequate notice to the Central Middle School Activities Director and the Community Educational Service Director. cc: Laurie Helling, Manager of Recreation Services 2 DATE: 12/06/94 EDEN PRAIRIE CITY COUNCn, AGENDA Consent Calendar ITEM NO: If. ,e SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Change Order No.1 for Dell Road Rodney W. Rue I.C.94-5345 Recommended Action: Motion to approve Change Order No.1 for Dell Road (I.C. 94-5345) Primary Issues: The change order includes a 20% reduction in the unit price for aggregate Class V based on a graduation variance. Financial Issues: The total amount of Change Order No.1 to Improvement Contract No. 94-5345 is a decrease of $13,080. Item No. 11/. P. J November 8,1994 City of Eden Prairie 8080 Mitchell Road CHANGE ORDER NO.1 Eden Prairie, Minnesota 55344 PROJECT: Dell Road City of Eden Prairie Improvement Contract No. 94-5345 State Aid Project No. 181-113-03 CONTRACTOR: Nodland Construction Company P.O. Box 338 Alexandria, Minnesota 56308 SRF No. 0931799 WHEREAS: The Class 5 aggregate base which has been placed on Dell Road from Station 469+50 to Station 488+60 does not meet Mn/DOT Specification 3138, and; WHEREAS: The Mn/DOT Grading and Base Office recommended accepting the material at a reduced cost; THEREFORE: In accordance with the terms of the Contract, any and all Class 5 aggregate base within the limits defined above which has been found not to be in conformance with Mn/DOT Specification 3138 will be compensated for with a 20 percent deduction from the Contract unit price. Item No. 2211.503 Item No. 2211.503 * * * DECREASE * * * Item Description Unit Unit Price Aggregate Base Placed Class 5 Cu. Yd. $12.00 * * * INCREASE * * * Item Description Unit Unit Price Aggregate Base Placed Class 5 Cu. Yd. TOTAL DECREASE IN CONTRACT AMOUNT CONTRACT SUMMARY Original Contract Amount: Change Order No.1 (Decrease) Revised Contract Amount /y, ! z. $9.60 Estimated Quantity 5,450 Estimated Quantity 5,450 Amount $ 65,400.00 Amount $ 52,320.00 $ 13,080.00 $786,216.00 ($ 13,080.00) $773,136.00 Change Order No. 1 ISSUED: S GAR-ROSCOE-FAUSCH, INC. ACCEPTEDj7 '" C&~ NODLAND CONSTRUCTION COMPANY APPROVED: Alan D. Gray, P.E., City Engineer CITY OF EDEN PRAIRIE APPROVED: MN/DOT OFFICE OF STATE AID METRO DIVISION -2-. November 8. 1994 DATE DATE DATE DATE: 12/06/94 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: I". q SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bell Oaks Estate 7th Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution approving the fmal plat of Bell Oaks Estates 7th Addition subject to the following recommendations: 1. Receipt of engineering fee in the amount of $250 2. Receipt of street lighting fee in the amount of $107 3. Receipt of conservation/scenic easements over bluff area of lots, consistent with Developer's Agreement requirements. Overview: This proposal is a further subdivision of the Timber Bluff PUD approved by the City Council in April of 1991. JJ:ssa cc: David Brown, Brown Land Ed Ames, OSM • Item No. IY. g. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BELL OAKS ESTATES 7TH ADDmON WHEREAS, the plat of Bell Oaks Estates 7th 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 Bell Oaks Estates 7th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 1, 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 December 6, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. 111, ~. Z QSM.~!~.I.' W.,.rOQ .. '_.octatel. IDe . ............. "-U ............ "'"-pn NO. DELT ... C1 620 .. 8' 49 iC2 17°S0' 51 C) --54"-'-rrg c.. 32'42 I IC~ 30'05 sa L.ENGTH 5i:1"i' '31.'i5 4l~30 '2T.l'5 'i'6.1"1 RADIUS .:!~ 101).00 5-).00 5il:OO 'il:OO ~I~--cISTiNCE J ITt _N29'_li~C-----:-:-~--:]D ...... ~ ~ ~ .. ., :.'. " .. .. " " tH. BRC. S]]'03'02 S57'''O' U i £ ,''''fYWE '18'OO'Ol'E 549·2 .. '27'E (HeRO 5'2.'TT 'i702 ~5-.1!i6 28.'ii E'if BELL " :), ~~ 0;::' r-.. \, . . ' .' --: '=:-. 0' ,." -:.: :). ~:.. ..I OAKS ESTATE 7TH " :~ f;'!'l ::,:",!t~.:; ;-... : ?"£;' G ... : .:.:.:; .. :: Dt.:.: :-':0:\: :). ,.. ~"'. '.,) .. ' ',:~ ':. " ... ' ~, NOT ~ ~ .'.~ :), ~:~ '\:~ ~:" ~ ,'-" ., " INCL.UDED ". \' .... _-- -H£NNEPIN CCUII" ~Nr AT TH' NW COlt, Of' coy'T LOT " $Ie. S'.T.11,.1I:.22 IN PL.~---:{Y " lIEn L I!! " 08'" LOI I.IIe. U ' na'.&!iTl~'L , ••• m GAIl' TATE '-:., I)"' "'" I) \) .:~ .\ ~ ";.. C: ~ - -tta,·2\~.~·;E - . -_'.142.1' __ ~ ~ • ADDITION $ 0"0"28' W 334.~2 !o- I I ~ C.R. DOC. NO ~ aD .. 0 0 80 160 ~ I SCALE IN FEET o D£HCITES IRCII M)NUMENT BEAR INO NOTEI THE WEST L.ltE CF OJTlQT .... BEL.L OAKS ESTATE 6TH ADOCTtCl<! IS "'SSUMED TO lEAR NOQo OT'2'-E. r .. ~~ .. ' ,., ", '~ .. ,~.) '~~;" f~:~ ", ," ' .. :'" .-\ ·.~o ',., ", ," "'\ ,,' ," .~. ~' .. ".~ ' .. ~ .. ~ HI,.,IN COUttTY MCINUWlNT I .r ", .. NOIII: CIIM." ON WUT ." LIN£ " COy', LOr 1 -" SHEET 2 OF 2 SHEETS DATE: CITY COUNCIL AGENDA SECTION: Consent Calendar 11/30/94. . DEPARTMENT: ITEM DESCRIPTION: I.TEl\tI NO. Finance City to act as fiscal agent for the A fte r 5 Voca 1 G ro up Requested Council Action: I Approve the letter of agreement for the After 5 Vocal Group. Backg round: I V H The After 5 Group is primarily a volunteer organization which performs for senior groups. The letter to the Bloomington Arts Counci 1 is effective only upon approval by the City Council. ActionIDirection: C:ty of Eden Prairie Cjty Offices 8080 Mitchell Road • Eden Prairie, MN 55344-2230 Phone (612) 949-8300 • TOO (612) 949-8399 • Fax (612) 949-8390 TO THE BLOOMINGTON ARTS COUNCIL /Ilrl/pi THE CITY OF EDEN PRAIRIE AGREES TO ACT AS THE AGENT FOR THE AFTER 5 O~GANIZA TtON FOR THE PURPOSE OF DISBURSING $1000.00 IN FUNDS TO BE RECEIVED FROM THE BLOOMINGTON ART CENTER. THE CITY WILL DISBURSE THESE FUNDS (UP TO $1000) FOR THE FOLLOWING PURPOSES ACCORDING TO ITEM 1 B OF THE AFTER 5 BUDGET: DIRECTOR-PERFORMANCES $550.00 (11 @ $50) PIANIST-PERFORMANCES $275.00 (1 r @.$25) DRUMMER-PERFORMANCES $275.00 (11 @ $25) THE CITY WILL MAKE DISBURSEMENTS WHEN LAURA SORENSON OF AFTER 5 CERITFtES TO THE CITY THAT PAYMENT IS DUE FOR THE ABOVE SERVICES. , THE CITY ASSUMES NO LIABILITY FOR THE ACTIONS OF AFTER 5 OR LAURA SORENSON, OR ANY OTHER ORGANIZATION OR PERSON IN CONNECTION WITH THIS MATIER. ~ O,JOHN D. FRANE FINANCE DIRECTOR Recycled Paper EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-6-94 SECTION: 2ND READING ITEM NO. m.T DEPARTMENT: ITEM DESCRIPrION: Community Development Chris Enger McDonald's Playland Addition Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for PUD District Review and Zoning District Amendment on 1.5 acres; • Resolution for Site Plan Review on 1.5 acres; Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan U.:r-\ MCDONALD'S PLAYLAND ADDmON CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-94-PUD-10-94 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 Zoning District 46-94-PUD-1O-94 (hereinafter "PUD-1O-94-C-Regional Service"). Section 3. The City Council hereby makes the following findings: A. PUD-1O-94-C-Regional Service Center is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1O-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-1O-94-C-Regional Service Center are justified by the design of the development described therein. D. PUD-1O-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 4. 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 1O-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 5. 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. W. T -;L Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of November, 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 6th day of December, 1994. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on --------------------------------- W. II"3 Exhibit A Legal Description McDonald's Playland Addition Lot 2, Block 1, Eden Prairie Center 7th Addition N:r -'-\ MCDONALD'S PLAYLAND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-94-PUD-IO-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 Prairie Center Drive and Highway 169, within C-Regional Service Zoning District on 1.5 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) J5[.1.-5 McDONALD'S PLAYLAND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MCDONALDS PLAYLAND ADDITION FOR MCDONALDS RESTAURANT WHEREAS, McDonald's Restaurant has applied for Site Plan approval of the McDonald's Playland Addition on 1.5 acres for construction of a playland addition located at Prairie Center Drive and Highway 169, to be zoned within the Commercial Regional Service Zoning District by an Ordinance adopted by the City Council on November 1, 1994; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 22, 1994, Planning Commission meeting and recommended denial of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its November 1, 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 McDonald's Restaurant for construction of a playland addition, based on plans dated October 27, 1994, between McDonald's Restaurant and the City of Eden Prairie. ADOPTED by the City Council on December 6, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk ll. r.-b EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-6-94 SECTION: 2ND READING ITEM NO. TIr . ..T DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger LAKE EDENVIEW TOWNHOMES Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for Rezoning from Rural to RM-6.5 on 2.6 acres; • Resolution for Site Plan Review on 2.6 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan 3. Developer's Agreement N.J-l LAKE EDENVIEW TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WIllCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the RM-6.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the RM-6.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 6, 1994, entered into between U.S. Home Corporation and the City of Eden Prairie, and which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of November, 1994, 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 6th day of December, 1994. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on --------------------------- rr.J .. z.. Exhibit A Lake Edenview Townhomes LEGAL DESCRIPTION That part of Tract B, Registered Land Survey No. 168, Files of Registrar of Titles, County of Hennepin lying East of a line drawn from a point in the south line of said Tract B, distant 322 feet West of the Southeast cor~er thereof, to a point in the Westerly extension of the South line of Tract A in said Registered Land Survey, distant 89 feet westerly of the South- west corner of said Tract A, and lying Southerly of the above mentioned extension of the South line of said_Tract A, except that part thereof lying Northerly of the follo\·i'ing.:described line: Commencinq at the Southeast corner of Tract A, Reaistered Land Survey No. i68 thence Southerly along ±h~~Easi~rly fine of Tract B, Reaistered Land Survey No. 168 a dist~n~e'of 452.00 feet to point of beginning, thence Hesterlyp'arallel to the South line of Tract A, Registered Land Survey No. 168 a distance of 322.,00 feet and t~ere'dEtffm;)nrafln9'eT~;('cept°"raa\! L . AND That part of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 116, North Range 22 West of the 5th Principal Meridian, lying Southwesterly of the center line of Franlo Road, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Subject to restrictions and/or easements of record, if any. TIL, J ... .3 LAKE EDENVIEW TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Franlo Road, south of Prairie Center Drive, from Rural to RM-6.5 on 2.6 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: ArrEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) TIL. J-'-\ LAKE EDENVIEW TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LAKE EDENVIEW TOWNHOMES FOR THOMPSON LAND DEVELOPMENT WHEREAS, Thompson Land Development has applied for Site Plan approval of the Lake Edenview Townhomes on 2.6 acres for construction of 8 lots located at Franlo Road, south of Prairie Center Drive, to be zoned within the RM-6.5 Zoning District by an Ordinance adopted by the City Council on November 1, 1994; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 10, 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 November 1, 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 Thompson Land Development for construction of 8 lots, based on plans dated October 27, 1994, between Thompson Land Development and the City of Eden Prairie. ADOPTED by the City Council on December 6, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk ur.J.-5 DEVELOPER'S AGREEMENT LAKE EDENVIEW TOWNHOMES THIS AGREEMENT, made and entered into as of December 6, 1994, by U.S. Home Corporation, a Delaware Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has,applied to City for Comprehensive Guide Plan Change from Neighborhood Commercial to Medium Density Residential on 1.64 acres, from Low Density Residential to Medium Density Residential on .96 acres, Preliminary Plat of 2.60 acres into 8 twinhome lots, and Site Plan Review on 2.6 acres; situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the City adopting Ordinance No. __ , and Resolution No. __ for Preliminary Plat and Resolution No. Site Plan Review; Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on November 1, 1994, and dated May 26, 1994 and revised August 24, 1994 and October 19, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHffiIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. Upon approval by the City, Developer agrees to construct, or implement, said street and utility improvements concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 4. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer shall submit to the City Engineer and receive the City Engineer's approval of a land alteration permit for the property. N.J.-b Upon approval by the City, Developer agrees to construct, or implement, said land alteration improvements concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 5. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City and receive the City's approval of a final landscape plan for the Property. Said landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150 % of the cost of said improvements as required by City code. Upon approval by the City, Developer agrees to construct, or implement, said landscape improvements concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 6. FINAL GRADING AND EROSION CONTROL PLAN: EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineers approval of an Erosion Control Plan for the Property. Erosion control plan shall include all boundary erosion control features, temporary stockpile locations . and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Upon approval by the City, Developer agrees to construct, or implement, said erosion control improvements concurrent with building construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation Easement for review and approval by the City as shown on Exhibit B. Upon approval by the City, Developer shall deliver and record the approved Conservation Easement in the Hennepin County Real Estate Records Office and shall provide evidence of the recording of Conservation Easement prior to the release of the first building permit. "Ut:J,-7 EXHIBIT D EROSION CONTROL POLICY January 1, 1993 MISSION STATEMENT At any given time, Eden Prairie has a large amount of property denuded of vegetation with land alteration in progress. Erosion may result from ongoing construction activities such as road and highway projects, industrial, commercial, residential development, and individual house construction. These activities are prone to erosion, producing sediment that can inflltrate storm sewer systems, affect water quality, clog streets and sidewalks, and cause damage to property. The City Council has recognized the need and directed City staff to devise a comprehensive erosion control policy. The benefits of these controls can be realized in improved water quality, increased safety and monetary savings in clean up efforts. The City Council has directed the following Policy to be implemented: 1. All construction projects permitted by the City of Eden Prairie which result in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual, Protecting Water Quality In Urban Areas, to mitigate the impact of erosion on wetland . and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits effected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours. 3. All erosion control systems must be maintained by the permittee in a functional condition until the completion of turf and/or structural surfaces which protect the soil from erosion. The permittee must inspect erosion control bi-weekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. . 4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned 'by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the permittee shall immediately develop a clean up and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the clean up and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the permittee shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate. Permittee shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When a permittee fails to conform to any provision of this policy within the time stipulated in a written notification, the City Engineer or the Director of Inspections may take the following actions: a. Withhold the scheduling of inspections and! or the issuance of a Certificate of Occupancy. b. Direct the correction of the deficiency by City forces or separate contract. The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion contro1. All costs incurred by the City in correcting erosion control deficiencies shall be reimbursed by the permittee. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1 % per month. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other . date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of the assessment. I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated January 1, 1993 as set forth and agree to fully comply therewith to the satisfaction of the City of Eden Prairie, Minnesota. Applicant's Name (please Print) Date Applicant's Signature Applicant's Title Office Phone No. _____ _ Mobile No. _____ _ Home No. ___ _ Development Name: _________ _ Lot: ----Block: ____ _ Dok:POUCY .EROSION .POL 'UC. j.-9 CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT, made this __ day of , 1991, by and between ---------------------------------------, a , hereinafter referred to as "grantor, " and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County; Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: . WHEREAS, Grantor has platted the Property into a subdivision entitled ________________ _ and, WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the subdivision as described in Exhibit A, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns an easement in, under, on, and over the conservancy/scenic easement area, hereinafter referred to as "the easement area," and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the easement area: A. The easement area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted upon the easement area and no trees, shrubs, or other vegetation shall be removed from the easement area without the prior written consent of the City. B. No building, road, sign, billboard, utility, or other man-made structure shall be placed in the easement area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the easement area without the prior written consent of the City. D. No change in the general topography of the easement area landscape, including, but not limited, to excavation, dredging, movement, or removal of soil, shall be allowed without the prior written consent of the City. E. The duration of the easement is perpetual. lY,j,-lO F. With respect to the easement area, D~veloper represents and warrants as follows: 1) That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the easement area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.Ol, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); 2) That to the best of Developer's knowledge, Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the easement area, any Hazardous Substances; 3) That to the best of Developer's knowledge, no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the easement area any Hazardous Substances; Developer agrees to indemnify and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the easement area by Developer, its employees, agents, contractors or representatives. 3. Grantor agrees to maintain the easement area subject to the provisions stated herein. 4. This easement shall bind and inure to the benefit of the parties, their successors, and assigns. 5. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the easement area. 1Y.J.-\\ LAKE EDENVIEW TOWNHOMES OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN LAKE EDENVIEW TOWNHOMES AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of December 6, 1994, by and between U.S. Home Corporation, a Minnesota Corporation, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. _-_, changing the zoning of the Property owned by Owner from the Rural District to the RM-6.5 District, as more fully described in that certain Developer's Agreement entered into as of , 19_, by and between U.S. Home Corporation, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If U.S. Home Corporation fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. rr. J .... 12.. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-6-94 SECTION: 2ND READING ITEM NO. I2:". K- DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEST BUY EXPANSION Don Uram Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of a PUD District Review on 27.8 acres with a waiver to allow for the percent of office space allowed within the 1-2 Zoning District to exceed 50 % and Zoning District Amendment in the 1-2 Industrial Zoning District on 27.8 acres; • Resolution for Site Plan Review on 27.8 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan 3. Developer's Agreement "N. K. -1 BEST BUY EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-94-PUD-9-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the 1-2 Industrial Zoning District 46-94-PUD-9-94 (hereinafter "PUD-9-94-1-2"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 6, 1994, entered into between Best Buy Corporation, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-9-94-J-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-94-1-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-94-1-2 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-9-94-1-2 are justified by the design of the development described therein. D. PUD-9-94-1-2 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 1-2 District and shall be included hereafter in the Planned Unit Development 9-94-1-2, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of November, 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 6th day of December, 1994. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on -------------------------------- -OC. -K ... 3 Exhibit A Legal Description Best Buy Expansion Lot 1, Block 1, Outlot A, Lee Data Addition lY.K.-LJ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-94-PUD-9-94 BEST BUY EXPANSION 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 7075 Flying Cloud Drive within 1-2 Industrial Zoning District on 27.8 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) rr. K.-5" BEST BUY EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BEST BUY EXPANSION FOR BEST BUY CORPORATION, INC. WHEREAS, Best Buy Corporation, Inc. has applied for Site Plan approval of the Best Buy Expansion on 27.8 acres for construction of a 72,000 square foot office building located at 7075 Flying Cloud Drive, to be zoned within the 1-2 Industrial Zoning District by an Ordinance adopted by the City Council on November 15, 1994; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 24, 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 November 15, 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 Best Buy Corporation, Inc. for construction of an office building, based on plans dated October 12, 1994, between Best Buy Corporation and the City of Eden Prairie. ADOPTED by the City Council on December 6, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk rr. -K. -6 DEVELOPER'S AGREEMENT BEST BUY CORPORATE HEADQUARTERS EXPANSION THIS AGREEMENT, made and entered into as of ,1994, by Best Buy Company, Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development District Review with waivers, Zoning District Amendment within the 1-2 Industrial Zoning District and Site Plan Review on 27.8 acres for the addition of 72,000 square feet of office space, all on 27.8 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 ofthe City adopting Ordinance No.46-94-PUD-9-94 and Resolution No. , Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on November 15, 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. $. K.-7 4. LAND AL TERA TION PERMIT AND TREE REPLACEMENT: Prior to any construction or development on the Property, Developer agrees to apply to the City, and obtain the City Council's approval of a land alteration permit for the Property, which will include plans depicting the replacement of 62 caliper inches of trees, among other conditions and requirements. 5. PUD WAIVERS REQUIRED: City acknowledges that PUD waivers are required for the following: a. To allow for the percentage of Office space to exceed the 50% maximum allowed within the 1-2 District. b. Temporary waiver for off-site parking for up to 100 cars until June 3D, 1995. Waiver is contingent upon Best Buy Co., Inc. submitting documentation signed by the adjacent landowner stating that they have the right to use up to 100 spaces on the adjacent property to the east and that the use of these spaces will not create a parking shortage at this building. :Ir. 1<. -8 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/6/94 SECTION: Consent Calendar ITEM NO. JJ[. L- DEPARTMENT: Parks, ITEM DESCRIPTION: Request from a Local Art Broker to Purchase the Recreation and Facilities J. R. Cummins Homestead Print at Wholesale for the Purpose of Resale Laurie Helling X'~ REQUEST: Eric Swallender, an Eden Prairie resident who is an art broker and owner of Minneapolis Fine Arts, has requested to purchase J. R. Cummins Homestead Prints from the City at a wholesale price of $50 per print. BACKGROUND: Monday, November 14, 1994 staff reviewed the above request with the Eden Prairie Heritage Preservation Commission. Upon review of the request and commission discussion, the following action was taken by the Heritage Preservation Commission: MOTION: Moved by Case, seconded by Peterson, that the Heritage Preservation Commission make a recommendation to the City Council to approve the request by Eric Swallender to purchase the J. R. Cummins Homestead Print at a wholesale price of $50 in which the City would receive $50 per print. Motion passed 7-0. Refer to the attached memorandum, dated November 4, 1994, regarding the request for additional background information. CWS~G COMMENTS: Proceeds from the sale of the J. R. Cummins Homestead Print help finance the restoration of the historic Cummins-Grill Homestead. Since the Cultural Commission has been abolished, the print is currently the responsibility of the Heritage Preservation Commission and the staff liaison John Gertz, Heritage Preservation Specialist. Gertz will be responsible for the J. R. Cummins Homestead Print inventory and the administration of this request. If you need additional information regarding this request, please contact me at 949-8455. LH:mdd Attachment: Memorandum Dated November 4, 1994 RE: Request from a Local Art Broker to Purchase the J. R. Cummins Homestead Print at Wholesale for the Purpose of Resale cc: Eric Swallender, Owner of Minneapolis Fine Arts John Gertz, Historic Preservation Specialist Cummins/Laurie2 1 MEMORANDUM TO: Heritage Preservation Commission THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities FROM: Laurie Helling, Manager of Recreation services~l DATE: November 4, 1994 SUBJECT: Request from a Local Art Broker to Purchase the J. R. Cummins Homestead Print at Wholesale for the Purpose of Resale REQUEST: Recently, I received a call from Eric Swallender, an Eden Prairie resident, who is an art broker and owner of Minneapolis Fine Arts. Swallender has requested to purchase J. R. Cummins Homestead prints from the City at a wholesale price of $50.00 per print. BACKGROUND: To help finance the restoration of the historic Cummins-Grill Homestead, the Eden Prairie Foundation commissioned a painting of the house by the renowned Minnesota Wildlife Artist Les Kouba. The Cummins-Grill Homestead, located at 13600 Pioneer Trail in Eden Prairie, is listed on the National Register of Historic Places. It was built in 1880 by J. R. Cummins, a farmer and horticulturist of note. Currently, limited-edition prints are available at $100.00 (a percentage of the price is tax deductible) or at a discounted price of $80.00 per print during special City events such as Sunbonnet Day. Signed copies are available at the Eden Prairie City Center, located at 8080 Mitchell Road, where the print is on display and available for purchase. Earlier this year, the Cultural Commission voted to recommend the City Council abolish the Cultural Commission and replace it with an Arts Commission and a Heritage Preservation Commission. The request for equal and separate commission status for the Heritage Preservation Commission (HPC) by forming a History Commission separate from the Cultural Commission was presented to the City Council Tuesday, February 1, 1994, which was approved unanimously by the City Council. Previously, the J. R. Cummins Homestead print was an area of responsibility for the Cultural Commission. Since the Cultural Commission has been abolished, the J. R. Cummins Homestead print is currently a responsibility of the Heritage Preservation Commission through the administration of John Gertz, Historic Preservation Specialist and Laurie Helling, Manager of Recreation Services. -.~- ACTION REQUIRED: The HPC should review the request at their next meeting. This is an action item in which the Heritage Preservation Commission should make a recommendation to the City Council regarding the request by Eric Swallender to purchase the J. R. Cummins Homestead Print at a wholesale price of $50.00 in which the City would receive $50.00 per print. If you need further information regarding this request before your next meeting, please contact me at 949-8455. LH:mdd cc: Eric Swallender, Owner of Minneapolis Fine Arts John Gertz, Historic Preservation Specialist CPrintlLaurie -3- • DEPARTMENT: Finance CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM DESCRIPTION: Appointment of auditors for the 1994 fiscal year Requested Counci 1 Action: Appoiht Fox, McCue and Company as the auditors for 1994. See their letter dated December 1, 1994. ActionIDirection: DATE: 12/1/94 ITEM NO. EIv'l & COMPANY, P.A. Certified Public Accountants JOHN E. FOX. C.P.A. WILLIAM M. McCUE. C.PA. DAN C. KIND. C.P.A. Mr. John Frane, Finance Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear Mr. Frane: December 1, 1994 We are pleased to submit this proposal to serve as the City's independent auditors for the year ended December 31, 1994. The scope of the audit has changed over the last few years to include not only the audit examinatiorrofthe City's annual financial statements, but audits of funds received via federal grant programs and compliance testing of internal control structure and laws and regulations applicable to federal assistance programs. We are familiar with the City's financial operational procedures and personnel, having served as your independent accountants for the last sixteen years. Bill McCue would again supervise the engagement and be assisted by Ed Fogarty, an experienced govemmentai certified public accountant, as-well as Curt Koepp and Lisa Helt, two experienced staff accountants who have past experience in performing the City's audit. Based upon a preliminary estimate of 1994 City financial activity and the corresponding audit time required to perform the audit and compliance procedures, and assist your staff in audit report preparation, we estimate the total time to be approximately 700 hours and the total fee to range from $35,000 to $37,000 plus any out-of-pocket expenses. As part of-the audit engagement we would be availa~le for any meetings that you, Carl Jullie, or the City Council might desire. We would also be available to meet with the City Council at the completion of the audit to review the audited financial statements, the evaluation of the internal control structure, and our financial comments letter which highlights trends and important issues in the various funds. . 250 PRAIRIE CENTER DRIVE / EDEN PRAIRIE, MINNESOTA 55344 Ed,n Prairie (612) 944-6166 Fax 944-8496/ a,lIe Plaine 873-4228 . . Primary fieldwork would be performed in April or May, with delivery of the completed . reports by June 23, 1995. Interim audit procedures (such as compliance testing and evaluation of the internal control structure) would be performed in early January to ensure timely completion of the audit in June. . We appreciate the opportunity to submit this proposal to continue serving as the independent auditor for the City of Eden Prairie. If you have any questions or desire further information, please contactus. We will be happy to discuss the nature of the engagement and the degree of our qualifications. cc: Carl Jullie City Manager Sincerely, ~, () !}.) f'(\c..G ... A J William M. McCue DATE: CITY COUNCIL AGENDA December 6, 1994 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration--C. I ullie Resolution appointing Responsible Authority for Data Practices issues IV. N Reguested Action: It is recommended that the City Council adopt the attached Resolution appointing the City's responsible authority for meeting the requirements of the Data Practices Act. Back&round: Minnesota State Statutes, Section 13.02, Subdivision 16, requires that each governmental organization appoint an individual (not a position) to be the responsibile authority for purposes of meeting all requirements of the Data Practices Act. In 1991, the City Council adopted a resolution appointing Kate Garwood as the responsible authority. As Ms. Garwood terminated employment with the City on November 30, the Council needs to appoint a new responsible authority. The proposed resolution appoints Carl I. Iullie to be the responsible authority. Supporting Document: Proposed Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION FOR APPOINTMENT OF RESPONSIBLE AUTHORITY FOR DATA PRACTICES WHEREAS, Minnesota Statutes, section 13.02, Subdivision 16, as amended, requires that the City of Eden Prairie appoint one person as the Responsible Authority to administer the requirements for collection, storage, use, and dissemination of data on individuals, within the city and, WHEREAS, the Eden Prairie City Council shares concern expressed by the Legislature on the responsible use of all City data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the statute. BE IT RESOLVED, the city Council of Eden Prairie appoints Carl J. Jullie as the Responsible Authority for the purposes of meeting all requirements of Minnesota statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration. FURTHER, BE IT RESOLVED, the Responsible Authority shall require requesting parties to pay the actual cost of making, certifying, and compiling copies and of preparing summary data. Adopted by Eden Prairie City council on this 6th day of December 1994. ATTESTED: Douglas B. Tenpas, Mayor John Frane, City Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-6-94 SECTION: PUBLIC HEARINGS ITEM NO. Y. A . DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger SUPER VALU CORPORATE HEADQUARTERS Michael D. Franzen ADDITION Requested Council Action: • PUD Concept Approval for 548,000 sq. ft. of building on 135.4 acres. BACKGROUND Super Valu first appeared at the Planning Commission on August 22, 1994 with a plan for 548,000 sq. ft. of building. This proposal included 165,000 sq. ft. of existing building, an 8 story, 252,000 sq. ft. building near Bryant Lake, and two 48,000 sq. ft. buildings adjacent to 494. Both the Planning Commission and the surrounding residents were not supportive of this proposal. The Planning Commission voted to continue discussion of this item for 30 days and directed the Developer to work with the neighborhood on exploring alternative plans to reduce the visual impact of the development on Bryant Lake, especially the 8 story building and the parking deck. Over the next several months, Super Valu met with the neighborhood on numerous occasions to identify neighborhood issues and to develop alternative plans which responded to them. During that same time period staff talked with various residents in the area about prioritizing their concerns and also worked with Super Valu towards developing alternatives which would meet the directives of the Planning Commission. Super Valu submitted a revised plan for staff review on October 28th. This plan included two 4-story buildings totally 225,000 sq. ft. near Bryant Lake, increased setback from Bryant Lake to structured parking from 130 to 200 feet, and increased square footage of the 48,000 sq. ft. (3-story) buildings along 494 to two 64,000 sq. ft. (4-story) buildings. A Staff Report was drafted which recommended some additional modifications to screen the views of the buildings and structured parking areas from Bryant Lake. The plans and Staff Report were submitted to the Planning Commission for the November 14 meeting. At the November 14 meeting, Super Valu unveiled an alternative development plan which had been worked out with the surrounding neighbors for 3-story buildings instead of 4-story buildings. The neighbors indicated their support for the 3-story plan, however the Planning Commission was uncertain if the 3-story plan was better than the 4-story plan. The 3-story plan had not received a staff review, nor had the Planning Commission reviewed a 3-story plan prior to the meeting. The Planning V. A. -, Commission voted to continue the item until the November 28 meeting. The Planning Commission gave conceptual support to a 3-story approach but deferred final action until the Staff Report had been prepared which weighed the pros and cons of both approaches. At the November 28 meeting, a revised 3-story plan was presented to the Planning Commission which combined the better aspects of the 3-story and 4-story alternatives. This plan was supported by the neighborhood. The Planning Commission voted unanimously to approve the project. PRIMARY ISSUES 1. How much development can the site support? The 135 acre site contains approximately 70 acres of wetlands and shoreland area and 65 acres of developable property. The City code would permit at a .3 base area ratio and .5 floor area ratio a range of 850,000 to 1.4 million square feet of building on the developable land. To build this much square footage would require taller and bigger buildings and less of the site's natural features would be preserved. Super Valu's plans for total building development is 548,000 sq. ft. 2. Is the development as proposed consistent with the Shoreland Ordinance? There are two types of shoreland requirements affecting the property. One is the City's current Shoreland Ordinance and the other is the State DNR Shoreland Ordinance adopted in 1989. Until the City adopts a modified Shoreland Ordinance and is approved by the Department of Natural Resources, the current State regulations will also apply. There are two types of shoreland classifications on the property. Bryant Lake is classified as a recreational development water. Super Valu pond is a natural environmental water. In addition to the normal setback requirements from both of these water bodies, the State Shoreland Ordinance has new provisions (which will be incorporated into Eden Prairie's ordinances for bluff impact areas and shore impact area). Strict compliance with the bluff and shoreland impact regulations, as well as setbacks, would severely limit the buildable area on site. It would not allow the development of the property as proposed by Super Valu. Both the City staff and the Department of Natural Resources concur that developing the site as proposed with shoreland variances is reasonable for the following reasons: • Total building density is less than City code. The building density is .20 as compared to the code maximum of .50. • Hills and trees along the lake block views of the buildings and parking. • A new berm will be created along the structured parking area to screen the view. • Conservation easements would be required on Outlot A. This will preserve trees, hills and wetlands, and protect them from further development. • No ftll is proposed in the wetland areas. • Regraded areas along the bluffs would be reforested to natural conditions. 3. How does the development affect significant trees on the property? A detailed tree inventory has been prepared for the property which depicts a total of 16,748 caliper inches. Forty-two percent of the caliper inches will be removed. This compares favorably with other commercial office projects which have averaged 40 % tree loss. The DNR and the City staff agree that much of the tree replacement should be used to create buffers adjacent to Bryant Lake. 4. How much traffic does the Super Valu expansion generate and what impact will this have on adjacent roads? A traffic study for the northeastern part of Eden Prairie included this site and was based upon the Comprehensive Guide Plan. That traffic study indicated a daily trip generation of 6,681 and a peak hour generation of 859 trips. The site as proposed would generate 5560 daily trips and 849 peak hour trips. There are two critical road intersections near the property including the signals at the bridge over 169/212 and the ramp terminus with Valley View Road and 494. Even without the Super Valu headquarters expansion, there is considerable traffic congestion at these intersections. The Engineering Department has contemplated improvements to these intersections including additional turn lanes and signals which will ease congestion. As part of the EA W required with this project, a detailed traffic study will be prepared which will specifically identify the type of physical improvements needed. 5. Is an EA W required with this project? An EA W is required by State law. After City Council review and approval of this project, Super Valu will return to the Planning Commission and City Council with a review of an Environmental Assessment Worksheet and Traffic Study. The results of the EA W and traffic study shall be incorporated as a PUD Amendment. 6. How does the plan impact natural features? The main concern of the Planning Commission and the neighborhood was to protect Bryant Lake. To that end, the existing wooded hills on the northeast side of the existing building will be placed in a conservation easement. Super Valu pond and surrounding wetland vegetation will also be protected by conservation easement. "Old Baldy" will be removed to build a parking lot and one of the 3-story buildings. "Old Baldy" has been previously graded by Super Valu, and when Valley View Road was built by the County. A portion of the hill remains along Valley View Road. "Wooded Baldy" remains untouched. The Oak Hills along 494 will be graded. This is where most of the tree loss occurs. A band of oak trees will remain along 494 and on the north side of the project. Staff feels that the low intensity use of the property allows a majority of the site's natural features to remain untouched. Where impacted, tree replacement will be used as mitigation especially along Bryant Lake and to reforest disturbed oak covered slopes along 494. 3[.A.~.3 STAFF RECOMMENDATIONS The Community Development staff would recommend approval of the PUD based on the following conditions: 1. PUD Concept approval is granted for 548,000 sq. ft. 2. Prior to development on the property, a Comprehensive Plan Change to joint designation of Office -high density residential must be approved. 3. Preparation and approval of an EA W. The findings of the EA W shall be incorporated as a PUD Amendment. 4. Preparation of a detailed traffic study. This study shall be done concurrent with the EA W. The findings shall be incorporated as a PUD Amendment. 5. Rezoning, subdivision, site plan review and guide Plan change approval will require the designation of Outlot A as a permanent scenic conservation area to the City. 6. Submittal and approval of a tree replacement and reforestation plan. 7. Conceptual support is given to the Shoreland variances and PUD waivers, however, final approval cannot occur until the rezoning and subdivision is requested and approved. Supporting Reports: 1. Resolution for PUD Concept 2. Staff Reports, Minutes, Letters from Residents 3. Plans Y,A.-Ll MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities FROM: Stuart A. Fox, Manager of Parks and Natural Resources DATE: December 1, 1994 SUBJECT: Supplemental Staff Report to the Planning Staff Reports Dated November 10, November 23 and December 6, 1994 Regarding Super Valu Corporate Headquarters Addition RECOMMENDATION: The parks, recreation and natural resources staff recommends approval of this project based on the November 23, 1994 Planning Staff Report and this supplemental memorandum. BACKGROUND: This property is part of the 1978 PUD approval of 80 acres of the total 140 acre site. Currently, Super Valu is seeking preliminary PUD approval on a total of 135.4 acres of land. This plan has been reviewed and revised a number of times balancing the input from surrounding neighbors, City codes, staff input, and input from other agencies. Currently, they are seeking PUD concept approval for 548,000 square feet of building on the 135.4 acres. The Planning Commission recommended approval of this project at its November 28, 1994 meeting. ISSUES: Natural resources/tree preservation: This project has 42 % tree loss which is about "average" for commercial, office projects. The DNR and staff agree that any tree replacement would be used to create visual barriers around the external portion of the project as well as augmenting some interior portions of the project with native type plantings and landscaping. The developer is proposing to save significant trees in several areas of the site, most noticeably on the northerly berm adjacent to Bryant Lake and northwesterly of the existing building. Other wooded areas include "wooded baldy" and the oak hardwood ridge on the westerly side of the project. -YA-4~ Other significant features that would be impacted by the proposed two tier parking lot would be that of "old baldy." This unwooded knoll has been a topic of discussion. The real question to be answered is whether this is a significant natural resource or a land form which provides screening for potential building or development to the south side of Valley View Road. This land feature has been graded both by the initial development of Super Valu as well as the upgrading of Valley View Road. The proposed project would place an approximate 30-foot berm on the south border of the project. This would screen the parking area from Valley View Road. The issue of trade-offs when evaluating this project is one that has been discussed by the staff, as well as several neighbors. When you look at the total picture it becomes an issue of which particular natural resource is of greatest value to the overall site. Staff feels that the low intensity development proposed on this site allows for the majority of the site's natural features to remain as they are today. However, where there is impact either tree replacement will be used to mitigate their loss or berms combined with landscaping will provide the desired screening. Wetland Impacts and Storm Water Treatment: The proponent is required to follow all Army Corp of Engineers and Riley Purgatory Creek Watershed District regulations. The exact impact of NURP ponds and other storm water issues would be addressed in the EA W required by State law. The actual results of the Environmental Assessment Worksheet will take place after the preliminary PUD is approved and prior to any actual development of the site. The issue of the shoreland requirements and how they affect this property has been addressed in the Staff Report by the Community Development Department. Additionally, a letter is enclosed in the November 10 report from the Minnesota Department of Natural Resources regarding variances in relationship to the shoreland management regulations. Based on their review they believe that many factors that make this site unique. This will also lead to the granting of some variances to enable development of the site while giving detail to the resources that they feel are most critical. Conservation Easement: The staff recommends that Outlot A be designated as a permanent scenic conservation area. By doing this, it would limit any future development or infringement on the natural resource and wooded areas. It would also help to establish up-front the desire to preserve the remaining outside areas of the project including the shoreline and "wooded baldy" and the wooded ridge adjacent to Interstate 494. STAFF RECOMMENDATION SUMMARY: In the memo dated December 6, 1994 from the Community Development Department, the recommendations as approved by the Planning Commission are as follows: "1. A. 41) 1. PUD Concept approval be granted for 548,000 square feet. 2. Prior to development on the property, a comprehensive plan change to joint designation of Office-high density residential must be approved. 3. Preparation and approval of an EA W. The finding of the EA W shall be incorporated as a PUD amendment. 4. Preparation of a detailed traffic study. This study shall be done concurrent with the EA W. The findings shall be incorporated as PUD amendment. 5. Rezoning, subdivision, site plan review, and Guide Plan change approval will require the designation of Outlot A as a permanent scenic conservation area to the City. 6. Submittal and approval of a tree replacement and reforestation plan. 7. Conceptual support is given to the Shoreland variances and PUD waivers, however, final approval cannot occur until the rezoning and subdivision is requested and approved. SAF:mdd SuperValu/Stu "1 A-4c. SUPER VALU CORPORATE HEADQUARTERS ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVEWPMENT CONCEPT OF SUPER VALU CORPORATE HEADQUARTERS ADDITION FOR SUPER VALU CORPORATION WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Super Valu Corporate Headquarters Addition by Super Valu Corporation and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on December 6, 1994; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1994. 1. Super Valu Corporate Headquarters Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated December I, 1994. 3. That the PUD Concept meets the recommendations of the Planning Commission dated November 28, 1994. ADOPTED by the City Council of the City of Eden Prairie this 6th day of December, Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Y.A.-5' LAND DESCRIPTION(S) PARCEL A (Land Description Per Certificate of Title No. 570246) Par 1: That part of Government Lot 2, including accretions, thereto, Section 11, Township 116, Range 22, all described as beginning at the Southeast corner of said Government Lot 2; thence West to the Southwest corner of said Government Lot 2; thence North along the West line of said Government Lot 2 and its extension to the North line of said Section 11; thence East along said North line to the shore of Bryant's Long Lake; thence Southeasterly along said shore to the North and South quarter line of said Section 11; thence South along said North and South quarter line to the point of beginning, which lies Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in document number 3677302, Office of the Register of Deeds, Hennepin County, Minnesota, according to the Government Survey thereof; except that part of said Government Lot 2 lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Government Lot 2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to right 44 degrees 00 minutes 00 seconds a distance of 240.0 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant's long Lake and there terminating. The East, West and North boundary lines of the above-described land, except the shore line of Bryant's Long Lake, have been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Subject to limitation of the right of access to U.S. Highway Number 494 as contained in Book 2604 of Deeds, Page 203, Document No. 3677302. Subject to a 45-foot wide easement for sanitary sewer purposes in favor of Southwest Sanitary Sewer District Board over a portion of the above-described Government Lot 2 as contained in Book 69 of Hennepin County Records, Page 3779764. Par 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22, which lies Northerly of the Northerly right-of-way of County Road Number 60 and Easterly of the Easterly right-of-way of U.S. Highway_ Number 494, as described in Document No. 3677302 and 3723053, Office of the Register~~lPeeds, Hennepin County, Minnesota, according to the Government Survey thereof. ' The East boundary line of the above-described land has, been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject to a snow fence easement in favor of the State of Minnesota as contained in Book 68 of Hennepin County Reco~ds, Page 3723053. Subject to a limitation of the right of access to U.S. Highway Number 494 as contained in Book 2604 of Deeds, Page 203, Document No. 3677302 and in Book 68 of Hennepin County Records, Page 3722053. Page 1 of 2 -sr. A., -b LAND DESCRIPTION(S) PARCEL B (Land Description Per Certificate of Title No. 638943) Par 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all described as beginning at the Southwest corner of said Government Lot 3; thence East along the South line of said Government Lot 3 and its extension to a point 525 feet West from the East Quarter corner of said Section 11; thence Northwesterly, deflecting to the left 109 degrees, to the shore of Bryant's Long Lake; thence Northwesterly along the shore of said lake to its intersection with the Northerly extension of the West line of said Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16893 and the West boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Par 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60. Par 3: That part of Government Lot 4 and the accretions thereto, Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60 and Westerly of a line drawn parallel with and distant 600 feet West measured at right angles from the East line of said Government Lot 4, except that part thereof lying Southerly and Easterly of the following described line: Commencing at the Northeast corner of the above-described part of Government Lot 4; thence on an assumed bearing of South 00 degrees 10 minutes 58 seconds East along the East line thereof a distance of 407.00 feet to the point of beginning of the line to be described; th~nce North 63 degrees 26 minutes 06 seconds West, a distance of 658.22 feet; thence South 25 degrees 10 minutes 56 seconds West, a distance of 301.17 feet to the center line of said County Road No. 60, and said line there terminating; according to the Government Survey thereof. The West boundary line 01 the above-described part of the Northwest Quarter of the Southeast Quarter has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject to the rights of the State of Minnesota in its sovereign capacity in the lands herein which lie between the natural ordinary low watermark and natural ordinary high watermark of Bryant's Long Lake; (as j:,<?:'pars 1,2 and 3). ~~- Total Area of Parcels A and B = 5,899,069± square feet or 135.42+ acres Page 2 of 2 -sr:A.-7 I I ! , { 1 I' STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT/ FEE OWNER: WCATION: REQUEST: Planning Commission Michael D. Franzen, Senior Planner November 23, 1994 Super Valu Corpqrate Headquarters Addition Super Valu Corporation . Valley View Road on the Southwest Side of Bryant Lake 1. PUD Concept Review on 135.4 acres. Staff Report Super Valu Corporate Headquarters Addition November 23, 1994 BACKGROUND This is a continued item from the November 14, 1994, Planning Commission Meeting. The Planning Commission asked Staff to complete an analysis of the 3 story and 4 story plan alternatives presented at the last meeting. COMPARISON OF PLAN ALTERNATIVES The following chart compares the plan alternatives presented at the last Planning Commission meeting. [a]}sG~G~ .. I .... . ... , .. ,.",.: ..... .,.., .. ' .' .. ,. 3 STORY ·4·STORy ... · ... I CURRENT ...... ,. , .. 11114/94 (STt\}i'}i'RECOM-" ... , .. ,3STORY .·P.C.MEETING I MENDATlON)··' < PLAN .... , ... Building Elevation 910 925 910 Bryant Lake Setback to 200 ft. 260 ft. 200 ft. Parking Internal Pond Setback to 140 ft. 140 ft. 140 ft. Building Parking Provided 3173 3173 3173 Tree Loss 42.5% 42% 42% 16-20 more trees Berm Height Along Bryant 884 895 890 Lake Underground Parking 0 150 0 Building Height Berm 26 ft. 30 ft. 20 ft. Height Difference Elevation of Old Baldy 900 ft. 910 ft. 910 ft. Remnant Along Valley View Road Encroachment onto Wooded 100 ft. 0 ft. 0 ft. Baldy ~ Y. A.· ') Stafr Report Super Valu Corporate Headquarters Addition November 23, 1994 On Wednesday, November 16, Super Valu and City Staff met to discuss the merits of the three story and four story plan alternatives and came up with a blended plan which is included in your packet. Tree loss is the same. The berm height/building height difference at 20 feet is better than the 30 feet for the four story plan. There is no further encroachment into "Wooded Baldy". The 910 elevation of the "Old Baldy" remnant is maintained along Valley View Road. The increase in berm height from 884 to 900 requires a retaining wall along the parking lot and a small retaining wall facing Bryant Lake which can be screened effectively with plant material. The side of the berm facing the parking lot will be landscaped with 12 foot high conifers from the parking deck to the high point of the berm. The east side of the berm facing the Lake would be landscaped with oak edge materials compatible with other wooded areas along the Lake. In addition, the remnant of "Old Baldy" along Valley View Road will be landscaped primarily with 12 foot high conifers at the top of the berm. STAFF RECOMMENDATION The Staff would recommend approval of the PUD Concept for Super Valu Corporate Headquarters on 135.4 acres based on plans dated 10-31-94 and revised plans dated 11-18-94 and subject to the recommendations of the Staff Report and based upon the following conditions: 1. PUD Concept approval is granted for 548,000 sq. ft. 2. Prior to development on the property, a Comprehensive Plan Change to joint designation of Office -high density residential must be approved. 3. Preparation and approval of an EA W. The findings of the EA W shall be incorporated as a PUD Amendment. 4. Preparation of a detailed traffic study. This study shall be done concurrent with the EA W. The findings shall be incorporated as a PUD Amendment. 5. Rezoning, subdivision, site plan review and guide Plan change approval will require the designation of Outlot A as a permanent scenic conservation area to the City. 6. Submittal and approval of a tree replacement and reforestation plan. 7. Conceptual support is given to the Shoreland variances and PUD waivers, however, final approval cannot occur until the rezoning and subdivision is requested and approved. 1[.~ .. \0 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANTI FEE OWNER: WCATION: REQUEST: Planning Commission Michael D. Franzen, Senior Planner November 10, 1994 Super Valu Corporate Headquarters Addition Super Valu Corporation Valley View Road on the Southwest Side of Bryant Lake 1. PUD Concept Review on 135.4 acres. 1 Y.A. - ) \ Staff Report Super Valu Corporate Headquarters Addition November 10, 1994 BACKGROUND This is a continued item from the August 22, 1994, Planning Commission Meeting. The Planning Commission recommended a continuance to allow the Developer time to work with the surrounding residents on alternative plans to minimize the impact of development on site and on Bryant Lake. The Commission also requested Staff provide minutes and reports from the 1978 Super Valu approval. CONCEPT PLAN REVISIONS The following are plan changes: 1. The eight-story building has been changed to two smaller and shorter buildings. Each building is four stories in height. ·2. The structured parking has been moved 70 feet further from Bryant Lake to the required minimum 200 foot shoreland setback. 3. The 2 four-story buildings have been moved closer to internal pond. The additional room was needed for building footprint and parking. 4. Building and parking areas have been shifted further west. This removes "Old Baldy" and encroaches further into the trees on "Wooded Baldy". 5. The 2 three-story buildings on the 494 frontage have been increased in height to four stories and 64,000 sq. ft. each. These buildings have been moved to the south to provide a buffer zone to the residents along Bryant Lake on the west side. Additional parking is provided by deck parking. 6. The revised grading plan disturbs approximately 50,000 sq. ft. of additional site area as compared to the original proposal, but has been off-set by a reduction in disturbed area at the north end of the westerly site. This is a 4 % increase in developed area. 7. Tree loss has been recalculated based upon the new plan and includes a 20 foot wide root impact zone for the trees that may be disturbed by grading practices but not physically cut down. The worst case tree loss would increase from 37 % in the previous proposal to 42%. (1,155 additional caliper inches). Tree replacement would be 3,970 inches. STAFF ANALYSIS OF THE REVISED PUD CONCEPT PLAN CHANGES Staff believes that the revised plan has less impact on Bryant Lake than the previous proposal. The revised plan requires a trade-off, balancing the internal natural site features against the exterior lake features. While Staff agrees with the "trade-off" approach, there is still room for improvement. y.p... -12. , Staff Report Super Valu Corporate Headquarters Addition November 10, 1994 The existing wooded hills on Bryant Lake contribute to the rolling natural character of the site and block views of the proposed 4-story buildings. These wooded hills are at elevation 910 and 930 for ground elevation and 970 and 990 with trees. However, the southern end of the site does not have the benefit of wooded hills to block views. Super Valu's plan to create a wooded hill is a good effort in the right direction, however, the wooded hill does not screen the views of the buildings and parking as effectively as the wooded hills to the north and east. Without encroaching further into the trees on the west side of the project, it is possible to create a larger wooded hill if the first 70 feet of structured parking was removed and put underground. This represents approximately 15 % of the total new parking spaces on site. This is similar to the proportionate amount of underground parking that Super Valu has at One Southwest Crossing. The vegetation proposed in Zone #2 (proposed wooded hill) should be modified to be consistent with the existing natural vegetation on the wooded hills to the north and east of the property. While the use of conifers does provide for better year-round screening, conifers are not indigenous to the area and would not be necessary if proposed wooded hill is made larger. The attached letter from the residents of Bryant Lake request that the new buildings on the east campus be limited to three stories in height. While the three story building approach lessens the visual impact on Bryant Lake, it would require bigger building footprints and would push the parking and building further into the Oak trees on the western end of the site. There would be a shorter berm and less vegetation between the structured parking and Bryant Lake, leaving more of the parking deck and buildings visible, especially from the east and south. The Staff alternative does not encroach into the trees on the west and increases the setback to structured parking by 70 feet. Staff believes that the current plan with four-story buildings, underground parking, and a larger wooded hill along the lake is a better approach than current plan, or a plan with three story buildings. TRAFFIC A 1990 Traffic Study for northeastern Eden Prairie contained traffic projections and recommended improvements. The Traffic Study was based on the Comprehensive Guide Plan designations for land use. That traffic study indicated a daily trip generation of 6,681 trips in a peak hour generation of 859 trips. The Super Valu plan as proposed would generate 5,660 daily trips and 849 peak hour trips. At full development, Valley View Road is expected to carry between 19,000 to 23,000 trips per day adjacent to the Super Valu site. Super Valu's daily trip generation of 5,560 trips represents 24 % to 29 % of the total traffic. The nearest intersections on Valley View at 494 and 169 are busy intersections with the intersections at 169 over capacity. This occurs with or without Super Valu developing further on the property. In anticipation of the increase in traffic, the City has contemplated adding a right-tum lane off Bryant Drive to Valley View Road and signalizing the ramp terminus on Valley View Road with 494. These improvements will help with traffic flow in the area. Y. A. -13 Staff Report Super Valu Corporate Headquarters Addition November 10, 1994 In addition, Super Valu can help ease congestion at these intersections by participating in a travel demand management (TOM) program which might include car pooling, or staggered work hours. After City Council action on this project, the Developer will proceed with the preparation of an Environmental Assessment Worksheet. As part of this worksheet, the Developer will be required to prepare a detailed traffic analysis which will analyze the impacts of the traffic generated on nearby roads and intersections. The traffic study would suggest improvements that would help ease traffic congestion. Approval of the PUD Concept for the property shall be predicated upon the results of the Environmental Assessment Worksheet and the traffic study. STAFF RECOMMENDATIONS The Community Development Staff present the following alternative courses of action for Commission consideration: I. If the Planning Commission believes that the plan as proposed is reasonable and minimizes the impacts on the site's natural features, and the impact of the development on these features and Bryant Lake has been mitigated, then one option would be to recommend approval based upon the following conditions: 1. PUD Concept approval is granted for 548,000 sq. ft. 2. Prior to development on the property, a Comprehensive Plan Change to joint designation of Office -high density residential must be approved. 3. Preparation and approval of an EA W. The findings of the EA W shall be incorporated into the PUD Concept Plan. 4. Rezoning, subdivision, site plan review and guide Plan change approval will require the designation of Outlot A as a permanent scenic conservation area to the City. ' 5. Submittal and approval of a tree replacement and reforestation plan. 6. Conceptual support is given to the Shoreland variances and PUD waivers, however, final approval cannot occur until the rezoning and subdivision is requested and approved. Staff Report Super Valu Corporate Headquarters Addition November 10, 1994 II. If the Planning Commission believes that additional plan changes are necessary to minimize the impact on the site's natural features and to better mitigate the impacts of the development proposal on Bryant Lake, then one option would be to recommend that the project be continued requiring that the plans be revised as follows: 1. Remove the fIrst 70 feet of structured parking adjacent to Bryant Lake. 2. Put the displaced parking under each of the 4-story buildings. 3. Raise the berm to the maximum height possible at a 3 to 1 slope. 4. Revise the reforestation plan by eliminating the conifer trees and using indigenous plant material similar to what exists on the wooded knolls on the north and east side of the existing building . . The Staff would recommend alternative II with a two-week continuance. -Yo A. -\ S- STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT/ FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, Senior Planner August 19, 1994 Super Valu Corporate Headquarters Addition Super Valu Corporation Valley View Road on the Southwest Side of Bryant Lake 1. PUD Concept Review on 135.4 acres. 1 Staff Report Super Valu Corporate Headquarters Addition August 19, 1994 INTRODUCTION Super Valu Corporation is requesting a Planned Unit Development Concept approval. Super Valu is in the process of assessing the potential of the property for future development and needs to know from the City how much development is possible. The plan as proposed represents a capacity plan analysis by Super Valu. There are no immediate plans to develop the property. When detailed development plans are submitted for approval, the City will need to take action on a Comprehensive Guide Plan Change (Joint office-high density designation, site 3 & 4), Rezoning, Subdivision, and EA W. Approval of the PUD provides a general framework for the developer to proceed with the development of the property. The Staff Reports primary emphasis is on shoreland regulation impacts. There are shoreland variances identified, but cannot be acted on until a rezoning is requested. The purpose of identifying the variances now, and responding to them, is to provide feedback to the developer. Since there are numerous variances requested, Staff would suggest reviewing them in a general way, discuss whether or not they are reasonable, and if so, what are the mitigating reasons for considering them. Direction provided to the developer by City Staff prior to submittal of this project is as follows: 1. Stay within the traffic projections of the Northeast Eden Prairie Traffic Study. 2. Total building square footage on the property should be less than what the ordinance would allow in order to preserve the site's natural character. 3. Tree loss should be less than 40 % . 4. No wetland fill. 5. Pretreatment of storm water to NURP standards. 6. Consider fewer but taller buildings and structured parking to minimize the site coverage. COMPREHENSIVE GUIDE PLAN The Comprehensive Guide Plan depicts this site for approximately 45 acres of Office, 25 acres of residential and 65 acres of open space and shoreland. Developing 45 acres of Office would yield between 588,000 -980,000 sq. ft. based at a .3 base area ratio and a .5 floor area ratio. Developing the 25 acres of high density residential would allow up to 1000 units according to the Comprehensive Guide Plan. 2 --Y.~.-\1 Staff Report Super Valu Corporate Headquarters Addition August 19, 1994 Developing this site according to these densities would be possible, but would require more and taller buildings, additional structured parking, and use most of the land outside of the wetland areas. Guide Plan and ordinance densities represents the maximums possible, but are not guaranteed. On sensitive sites with environmental features such as slopes, trees and wetlands, actual densities are typically less, due to performance standards. PUDCONCEPT Super Valu Corporation is requesting approval of a Planned Unit Development Concept for a total of 548,000 sq. ft. of building. This includes 200,000 sq. ft. of building which currently has zoning approval. 165,000 sq. ft. has been built. This leaves 35,000 sq. ft. of approved . building addition. Super Valu would also like Planned Unit Development flexibility to designate lots 3 and 4 for either office or high density residential as currently guided. PLANNED UNIT DEVELOPMENT ISSUES Shoreland Requirements There are two types of shoreland requirements affecting this property. One is the City's current shoreland ordinance and the other is the State DNR Shoreland Ordinance adopted in 1989. Until the City adopts a modified shoreland ordinance and is approved by the Department of Natural Resources, the current state regulations will also apply. There are two types of shoreland classifications on this property. Bryant Lake is classified as a recreational development water. Super Valu pond (unnamed pond) is a natural environmental water. City shoreland regulations governing this site are as follows: .. ···················1 Lot Width Lot Size Setback Building Height Impervious Surface -RECREATIONAL DEVELOPMENT 200 ft. 5 acres 200 ft. 30 ft. 30% NATURAL ENVIRONMENTAL 200 ft. 10 acres 200 ft. 30 ft. 30% Staff Report Super Valu Corporate Headquarters Addition August 19, 1994 The State Shoreland Ordinance has new provisions (which will also be incorporated into Eden Prairie's ordinances) for Bluff impact areas and shore impact areas. The DNR will not allow. any development on a bluff or within 30 feet of the top of the bluff except by variance when there are no other practical alternative ways of developing the property. A bluff is defined as a feature in a shoreland area with a slope rising 25 feet above the ordinary high water level, with a grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 % or greater and the slope must drain towards the water body. For general descriptive purposes, most of the slopes on the property are defined as bluff by the DNR. The shore impact zone is described as land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 % of the required structure setback. In this case for both Bryant Lake and the unnamed water body in the center of the property the shore impact zone is 100 feet. In the shore and bluff impact zones, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal site dwelling. This is conditioned on altering a minimal amount of vegetation, screening of structures, vehicles, or other facilities from the water, assuming summer leaf on conditions is not substantially reduced, and all disturbed areas must be restored to prevent potential erosion. How does this project comply with Shoreland lot size, setback, building height and impervious surface requirements? The site's natural features including the hills, wetlands, trees, and water bodies presents a challenge to developing the property. Bryant Lake, as a recreational development water impacts the eastern shore of the property. Within the property, the private interior pond, is a natural environmental water (unnamed pond) affecting the balance of the property. The PUD Concept meets the required setback and structure requirements from Bryant Lake with the exception of the two level ramp on lot 1 which is 130 feet back from the high water mark from Bryant Lake. The PUD Concept meets shoreland requirements from the interior pond as follows: The structure setback meets the minimum requirement for lot 4, but does not meet the 10 acre lot size requirement. The structure setback to lot 3 meets the minimum requirement, however, the lot size is less than 10 acres. For lot 2, the setback meets the structure requirement but the lot size is less than 10 acres. For lot 1, the structure does not meet the setback requirement but exceeds the lot size requirement of 10 acres. If the lot lines were extended into Outlot A, which is proposed as a scenic conservation easement, all of the lots would meet the lot size requirements. The average setback from the ordinary high water mark of both water bodies to all buildings and ramps facing the ordinary high water mark is 260 feet. The maximum impervious surface coverage permitted within a shoreland area is 30%. The total impervious surface is 6.7%. Impervious surface above the OHW is 23 %. Staff Report Super Valu Corporate Headquarters Addition August 19, 1994 The shoreland ordinance has a maximum structure height of 30 feet. None of the proposed or existing buildings meet this requirement. The existing building was granted a variance. How do Bluff and Shoreland impact areas effect the development of this property? Strict compliance with bluff and shoreland impact regulations limit the buildable area on site. Both the City Staff and Department of Natural Resources concur that developing this site as proposed with the variances is reasonable based upon the following: 1. Total building density is less than the Guide Plan. 2. Net F.A.R. is .20 as compared to code maximum of .50. 3. Buildings 3 and 4 are not visible from Bryant Lake. The hills and trees along the lake block the views. 4. Structure setback variance for two level decking from Bryant Lake is reasonable considering that the average shoreland setback requirement for all structures exceeds the 200 foot minimum. The two level parking deck should be screened with natural vegetation. Screening is shown on sheet lO-A. 5. Outlot A would be established as a Scenic Conservation Easement which would not allow any further alteration of site features. 6. Height variance to 8 stories for the building on Lot 2 is acceptable since the end view of the building is turned to Bryant Lake instead of the wider view. The building is set into the hill such that trees behind it at a higher elevation would provide a backdrop. The building is set back at a minimum of 700 feet from the Lake as compared to the code minimum of 200 feet. 7. No fIll is proposed in the wetland areas. 8. Maintain a minimum of a 25 foot easement area above the wetland jurisdiction boundary to protect existing vegetation. This will provide screening of the parking areas and roadways from the internal pond . • 9. Regraded slopes along the bluff should be reforested to natural conditions. These areas should not be maintained as lawn area. Sheet lO-A shows a reforestation and buffer plan. 10. Eliminate the turn around on lot 4 for emergency vehicles and widen the lanes within the lot to accommodate them. This would increase the natural buffer boundary by approximately 50 feet to the internal pond. The large planting islands on lot 2 facing the internal pond should be planted heavily with natural vegetation. 7". A. -20 Staff Report Super Valu Corporate Headquarters Addition August 19, 1994 11. Use tree replacement along Bryant Lake for screening. TREE PRESERVATION Tree preservation is a barometer of the site's intensity. A detailed tree inventory has been prepared for the property which depicts a total of 16748 caliper inches. 37% of the site or 6224 caliper inches will be removed. This compares favorably with other commercial office projects which average 40 % tree loss. Tree replacement required is 3062 inches. The DNR and City staff agreed that much of the tree replacement should be used to create buffers adjacent to Bryant Lake. IS THERE TRAFFIC GENERATION BEYOND WHAT WAS PLANNED AS PART OF THE NORTHEAST EDEN PRAIRIE TRAFFIC STUDY? The northeast Eden Prairie Traffic Study for this site was based on the Comprehensive Guide Plan. That traffic study indicated a daily trip generation of 6681 trips and a peak hour generation of 859 trips. This site developed as proposed would generate 5560 daily trips and 849 _peak hour trips. DOES THE PROPOSAL MEET OFFICE ZONING REQUIREMENTS? The development plan meets the required setbacks, lot sizes, and parking requirements of the Office Zoning District. Due to the proposed lotting pattern, lot 2 would need a floor area ratio waiver above the .5 to .62. However, the total site F.A.R. is .09. Each of the proposed buildings would require a height waiver through a Planned Unit Development District Review at time of future rezonings. Multi story buildings on sensitive sites help preserve more of the site features than more but shorter buildings. The City has granted height waivers before, if it helps preserve site features. CONCLUSION The City has always anticipated further development of the Super Valu site. The site has been guided Office and housing since 1968. The 1990 Northeast Eden Prairie Traffic studies traffic protections were based on 360,000 sq. ft. of Office and 445 housing units. The Staff believes that Super Valu has responded favorably to the initial staff direction for developing a low impact site plan, saving site features and within traffic projections for the property. The Shoreland Ordinance variance requests are due more to a shoreland classification which impacts the site both externally and internally than development intensity. The Department of Natural Resources and City Staff agree that the primary focus should be on the visual relationship and impact on Bryant Lake rather than on the internal water body. A conservation area proposed along the lake's edge, protecting bluffs and trees will block site lines ~ Y.A..-21 Staff Report Super Valu Corporate Headquarters Addition August 19, 1994 to buildings 3 and 4. The existing building on Bryant Lake is already visible but does not comprise much of the shore line. The 8 story building on site 6 will be visible from Bryant Lake. The Department of Natural Resources and City Staff agree that the orientation of the building with the narrow side towards the lake, and the back drop of the wooded hill behind helps lessen the impact. Use of tree replacement along Bryant Lake .will help block views. This will also be necessary to help soften the views of the parking deck on proposed lot 1. The Staff believes that the development plan as proposed represents a reasonable use of the property for the reasons listed in the PUD section on shoreland ordinance impacts. STAFF RECOMMENDATIONS The Community Development Staff would recommend approval of the PUD Concept request based on plans dated August 19, 1994 and based on the Staff Report dated August 19, 1994 and based on the following conditions: 1. PUD Concept approval is granted for 548,000 sq. ft. 2. Prior to development on the property, a Comprehensive Guide Plan Change to a joint designation to Office-High Density Residential must be approved. 3. Preparation and approval of anEA W. 4. Rezoning, Subdivision, and Guide Plan Change approval will require the designation of Outlot A as a permanent scenic conservation area to the City. 5. Submittal and approval of a tree replacement and reforestation plan for 3062 inches. 6. Conceptual support is given to shoreland variances and PUD waivers, however, final approval cannot occur until a rezoning and subdivision is requested and approved. 1. v.A. -22 B. SUPER VALU CORPORATE HEADOUARTERS ADDITION by Super Valu Corporation. Request for PUD Concept Review on 135 acres. Location: North of Valley View Lane between Highway 212 and 1-494. Franzen stated that plans have changed over the last three months. Most of the time was spent in neighborhood meetings with Super Valu working to develop a consensus. Super Valu has been working several alternative plans to address those concerns. The Staff Report is based on the latest plan as of the end of October. There was a neighborhood meeting held last Thursday. Super Valu and the neighbors have some additional thoughts on this current proposal. Franzen introduced Tom Ryan of Super Valu for a brief presentation after which he will review the Staff recommendations. Tom Ryan, Super Valu, reviewed his project with the Planning Commission. He said they have been working at the request of the Planning Commission to modify the plan that they looked at on October 22nd. The plan at that time was an 8 story building, approximately 252,000 square feet, and also several smaller buildings which were adjacent to Highway 494. Since that time they have met with the neighborhood group 5 times. The most recent meeting was last Thursday evening. The plan has, instead of one 8 story building, two 4 story buildings with approximately 220,000 square feet. They took approximately 32,000 square feet from the initial building closest to the existing facility and moved that 32,000 square feet into the smaller building adjacent to Highway 494. They kept the same amount of footage. They also moved the structured parking back approximately 60 feet to comply with the 200 foot setback of Bryant Lake and increased the berm between that property and the lake. At Thursday's meeting with the neighborhood group, they agreed to take the two 4 story buildings and reduce them to 3 stories keeping the same number of square footage, simply spreading the footage. With the second modification being that, they will raise the berm between the structured parking and the lake approximately 6 feet so the top of the berm has an elevation of 890 feet. They told the neighborhood group if they supported this modification, they would agree to it and tonight ask the Planning Commission to also support it and move forward to the Council. Myles Lindberg, BRW, highlighted the changes that Tom Ryan mentioned using a graphics map. He also showed photographs depicting the views from the other side of the lake. He stated that one of the things Mr. Franzen was after in his Staff Report and introduced Thursday night was the concept of modifying the planting zones that were proposed in the landscape framework plan so the edge of the lake is maintained more with needed plant material. 2 Y.A.-13 Clinton expressed concern as to whether or not those trees are mostly (deciduous) trees. Lindberg replied that this particular image is mostly (deciduous) trees on the lake. There are some conifers in there. A resident from the audience asked if they had a photograph depicting the winter to see what it would look like without the (deciduous) trees. Lindberg stated, using a photograph, that this shows the top of the berm right along here with no additional plant material. The material right on top, you have to use your imagination a little bit. Franzen reviewed the Staff Report with the Planning Commission. He stated that on the 4 story plan, the purpose behind having a wider and taller berm was to create a similar type of land form seen on the northeast side of the building. It was also to reduce the height of the buildings as viewed from the Lake. Some of the displaced parking would go under the building instead of going into the wooded portion on the west hill of the project. A positive aspect of the 3 story plan is a taller berm with a shorter building. Staff would be comfortable with either a 4 story plan with a bigger berm or a 3 story plan with a shorter berm. Sandstad asked if there was actually a plan for this latest 3 story proposal. Franzen replied no, that it was something he had talked about with BRW this afternoon. The Staff has not reviewed a 3 story plan. Sandstad said he agrees with the more natural slope. His question was addressed as to whether or not these plans exist or whether it's an idea of modifying what they have. Foote asked how many more trees does this take up for the 3 story plan. Lindberg replied that the impact on changing the grade up the hill comes back to the existing grade. It means there is about another 60 to 70 feet of grading in the westerly direction. The grading will limit at this point just about right at the top of the hill. Within that area modified, there was maybe a half a dozen to 8 of the significant trees modified on the tree plan. 3 Damon Fabor. landscape architect, representing Mr. and Mrs. James Duncan, stated that Super Valu accommodated most of the changes they asked for. He has been retained by the Duncans to represent them to make objections to their view and make some suggestions on how the impact might be modified .. They asked that a 4 story building be reduced to the size of a 3 story, and top· elevation of the 3 story be no higher than 910 which is what Super Valu proposed. They asked that the parking deck be moved an additional 60 feet or so to the west. Thirdly, they asked that the berm be increased in height. They also asked that as much be landscaped as possible to create additional buffering screening, and that "Old Baldy" be made as high as possible. The Duncans agreed with Mr. Franzen that if it were possible to go to a steeper slope and possible to eliminate the wall, that might save dollars in construction and give it a more natural effect. If not, they ask that the retaining wall at that level be landscaped and screened. The landscape material should be a combination of what has been termed "wetland transition" and buffer. In closing, they want to thank the Planning Commission for this opportunity to speak, and Super Valu for these accommodations. Jim Perkins. expressed concern of the need to take down "Old Baldy" to make room for 140 cars. In his opinion, this is a magnificent piece of property and will be a great loss to Eden Prairie. He suggested moving a little closer to the lower right hand side of the picture and making that an access road that could be a part of the parking which would allow for 80, or 90 or 100 cars. He said their lake is going to be visited by 100,000 visitors next year and they would like to keep this hill in tact and come up with something else. He said he is in consensus with the neighbors. Dan Grote. 7621 Willow Creek Road, reiterated that Super Valu has done a fine job with working with the neighbors. He expressed concern that traffic study be followed up on this. He is concerned with the impact of the volume of people that would be coming and going not only from Super Valu but also from the westerly building. It most likely will not be Super Valu but other tenants that meet normai rush hour traffic. Brian Duoos, residing at 77160 Willow Creek Road, expressed concern for the small issues that may be a little premature at this point, but they need to be addressed. He is concerned about the berming at the top of the addition, lighting and the specifics of the plantings that they want to see. He said they want to see it in writing as to what type of trees and the specific plantings. 4 ~. ~,-'25 Sandstad agreed with the two comments on traffic and lighting. He said that traffic on Valley View Road and the 494 ramp seem to be a real problem. He asked if Franzen could paraphrase the solution. Sandstad asked if the neighborhood concerns were of the existing lighting or the concern of expansion of new lights. Duoos replied that some of the neighbors have concerns about the existing lighting. He said that on misty evenings or snowy evenings you can see the lights from the Chevy dealership and they live a couple of miles from there. Kardell stated the Planning Commission is looking at a plan that is a PUD concept plan. The concerns of lighting and landscaping is something that would be reviewed at rezoning. When she looks at the plan, it is not unusual to trade what's happening on the site versus what's happening near the lake. She wants to make sure that as a group, the homeowners realize that if it is more important that the buildings be lower, they are bigger, and remove more trees particularly on the southern part of the property. Also, these lower buildings require larger footprints meaning "Old Baldy" can't be saved. She expressed concern about the homeowners coming back in the future and saying they are not happy with what's left of "Old Baldy". Franzen stated that there isn't much in the Staff Report about traffic. From his own practical experience, he did not go home on Valley View Road, or 494 because of the signals. This situation occurs without Super Valu being there at all. The City has considered adding signals on Valley View Road which should ease congestion. Staff is also looking at having Super Valu participate in traffic demand management, much as employees at City Hall. We have many employees that car pool. Staff is recommending traffic study required with Environmental Impact Statement with improvements required to be incorporatee as a PUD Amendment. There is the zoning phase where the City will look at building construction plans, light plans and landscaping plans. The Commission will review traffic at that time also. Kent Molde. 6961 Beach Road, agreed with the three-story plan with the taller berm on the southeast end. He felt that the solution was bias towards the views of the site from the south bay of Bryant Lake. The four story buildings is a concern to those who live on the northwest end of Bryant Lake. He felt the density of the site is too high overall. Mr. Molde indicated that the transfer of an additional story on to the buildings at the west end of the site is . not acceptable. 5 --xI. ~. -210 Kardell asked if there were any other questions of the City staff or Super Valu. Bauer indicated that he was unable to comment on the three-story proposal without the benefit of a plan for review and the Staff recommendation. For these reasons he felt that the project should be continued. Schlampp concurred with Commissioner Bauer that a continuance is in order for a review of the new three-story plan presented this evening. Kardell asked what direction the Planning Commission should give to City staff. Bauer indicated he was not sure if the three-story plan was the correct approach towards developing this property. Tom Ryan of Super Valu indicated that they brought the three-story plan to the Planning Commission based upon the input of the neighborhood at a meeting last Thursday. Commissioner Bauer indicated that he came here this evening to approve a four-story plan with modifications as recommended by City staff. He said he was uncertain if the neighborhood was in support of the three-story concept or not. Sandstad questioned Franzen about his concerns about the three-story plan. Franzen indicated that he believed that the three story plan had some promising aspects because of the reduced building height, but could not comment on whether or not there would be negative impact such as additional tree loss or building setbacks closer to the interior ponds. Brian Duoos. nei&hborhood resident, indicated he felt everybody was in support of the three story building. Tom Ryan representing Super Valu indicated that there are trade-offs and from a corporate point of view, the four story plan is better for Super Valu. Super Valu agreed with the neighborhood that a three story building was possible, but would result in a greater impact on "Old Baldy". He indicated that Super Valu was unwilling to reduce the density on the west end. Dick Wilz. neighborhood resident, believe that the neighborhood came to an intelligent agreement about the three story building preferred. He indicated he could view "Old Baldy" from the Willow Creek neighborhood and that it currently screens a lot of the existing site. He asked if the "Old Baldy" could be partially protected. Clinton indicated that he conceptually supported a three story plan. Kardell indicated she had just heard about the three story plan earlier this afternoon and felt that a continuance was in order. She felt if the Commission generally concurred with the three story approach, the final plan could be submitted for Commission review on November 28, and the project could be published for a December 6 City Council meeting. Kardell indicated her concern was the relationship of the building to the lake. If a taller berm could 6 V. A.-27 be accomplished with a steeper slope, and retaining wall as opposed to accomplishing all underground parking, that she would be open to that. Bauer indicated that a continuance may be the approach to go, but from his point of view the neighborhood consensus seemed to be conditional. Jim McNeil, nei&hborhood resident, believes Bauer indicated at the August 22 Planning Commission Meeting that he was supportive of the original eight story plan. He questioned why Mr. Bauer is so concerned about a three story building plan at this point. Kardell said she felt there was a general consensus to review the three story plan. She reiterated that this is the PUD Concept and that other details on landscaping, grading, retaining walls, and traffic will be reviewed as we move forward with the EA Wand the future rezoning and preliminary plat applications. She added the Staff report for the next meeting should compare the four story plan as amended by City staff to the three story proposal presented this evening. Foote indicated his preference for the three story approach but was concerned about the removal of "Old Baldy" because in his opinion it was a significant site feature. Kardell indicated that the encroachment on to "Old Baldy" was a trade-off for providing a better relationship of the project to Bryant Lake. Schlampp indicated it is hard to approve a project without having final plans. He added that the Commission has a responsibility to review, comment and recommend on a final concept plan before passing this on to the City Council. MOTION 1: Sandstad moved, seconded by Clinton, to continue the item until the November 28, 1994 meeting. Motion carried 6-0-0. The Planning Commission voted unanimously to continue the project. The Commission indicated that if Super Valu was not prepared for a final plan and action on November 28, that Super Valu would be responsible for all costs incurred with renotification of the neighborhood of a continuance at the City Council meeting. V. MEMBERS'REPORTS VI. CONTINUING BUSINESS vu. NEW BUSINESS VITI. PLANNERS'REPORTS 7 V.~.-Zg Affro.,ed Mt'I'\u.1E..5. 1~1"\ -:rro.ir"~ PIQ"~I''''j Cofo\~,'H;Ot\ :5apt. 2 b J I '1Cj ~ B. SUPER V ALU CORPORATE HEADOUARTERS ADDITION by Super Valu Corporation. Request for PUD Concept Review on 135 acres. Location: North of Valley View Lane, between Highway 212 and 1-494. MOTION 1: Bauer moved, seconded by Schlampp, to continue the item to the October 24, 1994 meeting. Motion carried 6-0-0. Y.~.-29 C. SUPER VALU CORPORATE HEADOUARTERS ADDITION by Super Valu Corporation. Request for PUD Concept Review on 135.4 acres. Location: North of Valley View Lane, between Highway 212 and 1-494 Mules Lynberg, designer for Super Valu, stated that they were asking the Planning Commission to recommend approval of the concept plan for the balance of the corporate home office located off Valley View Road. They do not have the capacity in their existing building to accommodate their needs. He stated they would like to be in the position to have the option on the existing site to expand the facility. He said they have been good citizens and corporate members of Eden Prairie's business community. He stated that as they took this plan and developed it, they tried to be sensitive to the residents of Bryant Lake. He said it's impossible to develop the property at density at reasonable without having some impact on site features. He stated they have no timetable for the development of the property. They are asking the Planning Commission to recommend approval of the concept and they will then move forward as their needs develop. Lynberg reviewed the project with the Commissioners using visual aids. He stated that there was 5,500 feet of lake shoreline as part of this property. The site had a fair amount of undevelopable areas. There was a significant wetland area connected to Bryant Lake on the northwest corner. The significant features of the site were two wooded hills adjacent to Bryant Lake. Franzen stated that there were a number of shoreland variances and PUD waivers identified as part of this project, which cannot be acted on until a specific zoning request has been fIled. The purpose of identifying the variances was to help assess the development potential of the property and to give Super Valu some indication of whether they can be supported. He stated that the Staff Reports primary emphasis was on shoreland regulation impacts. There are shoreland variances identified that cannot be acted on until a rezoning is requested. He said direction provided to the developer by City Staff prior to submittal of this project was to stay within the traffic projections Y.A.-30 ,. of the Northeast Eden Prairie Traffic Study; total building square footage should be less than what the ordinance would allow in order to preserve the site's natural character; tree loss should be less than 40 percent and there should be no wetland flll. The pretreatment of storm water to NURP standards; and are to consider fewer but taller buildings and structured parking to minimize the site coverage. He added that Staff felt this was a low intensity use which preserves site features, and was consistent with the traffic projections for the property. For these reasons the Staff recommended approval according to the conditions of the Staff Report. Schlampp suggested the planting of vegetation now so it will be fully grown and will help with screening buildings in the future. Lynberg displayed a 3-D model of the proposed plan and explained the features. Donald Sorensen. 7121 Willow Creek Road. stated that details of this proposal were not known until the meeting last Tuesday. They did not receive notice of this meeting tonight. He said that since they didn't live within 500 feet of the project they were not provided notice of the public hearing. Therefore, some of them know of this project from the newspaper. As a result of this he was unprepared and unable to give a view. He suggested that the Planning Commission give some time to consider what appropriate notice areas are rather than 500 feet when a building 120 feet tall would affect people more than 500 feet away. He expressed concern with regard to the visibility of the building, the preservation of the wildlife and the tree situation. He suggested that the whole tree loss situation needed to be revisited and corrected so they know what trees are that are going to be lost. He stated that the slope situation causes many developmental problems. He said that Super Valu was not keeping the promises made by them during the whole planning process as far as what they would and would not do. Dorothy Larson. 7011 Willow Creek Road. showed a photograph to the Planning Commission depicting the view from her deck which faces Super Valu. She expressed concern about the lighting conditions of Super Valu that would affect her home. Dick Wiltz. 7141 Willow Creek Road. stated that he agreed with the issues expressed by Donald Sorensen. He expressed concern about the traffic patterns on the road around there which are already sev:ere. He stated that if they are granted concept approval and then they decided to move to another community, the new developer might not be as sensitive. He said this was opening a pandora's box to future people that don't know anything about being good corporate citizens. He expressed concern about the visibility of the -st. ~. -31 existing building in the wintertime. He was not, however, against this development taking place, but he would like to see these problems solved. Bob Fransen. 6851 Beach Road. asked if there has been any environmental study made of this site. Kardell replied there would have to be one before the developer could actually build. Fransen expressed concern that Super Valu will be given the opportunity to build what they want and when they want it. He said a blank check should not be given to them to build what they feel like in 5 or 10 years from now. He stated that in 10 years circumstances may change entirely. He said it's critical that the environmental aspects be watched carefully and variances should not be granted. He said there was a much better plan for this site, one that could protect the view. It should not be given out as a blank check. Karen Duncan. 11228 Willowood. stated that she had no objection to the proposed expansion to the present building of two stories, no objection to the other two buildings, but has a strong objection to the eight story building and two level parking ramp. She expressed concern about the lights from that building being left on all night and the impact it will have on her home. She said there are no trees that can block that view. They are paying high taxes for living in an area that was convenient to all locations and they have a feeling of living in the country which is why they purchased their 13 acres of woodland property for privacy. She also expressed concern for the decrease in property values. Jim Perkins. 7012 Willow Creek Road. stated they have leaves about five months and open views when they look at Super Valu for seven months. He expressed concern about the screening of this site. Barbara Kaerwer. 12800 Gerard Drive. stated that she did not live on the lake but across from the freeway where there was going to be a wildlife refuge in the future. She suggested putting the building down into the earth. There was not a water table problem so there could be less height and it would be less offensive. She also suggested additional berming to be done. She expressed concern about the aesthetics of the site. Peter Beck. Attorney. representing Karen and James Duncan. stated that the Duncans property line immediately abutted the wetland property and their house overlooked the existing parking lot and corner of the existing building. He said they were about 50 to 75 feet north, roughly about 15 feet higher in elevation than the sight line study. Their first concern was the removal of the landscaping from the front of their house. The second concern was the parking ramp structure that would be bigger, higher, and closer to them than the y. A. -3Z- existing parking lot which they can already see. He said it didn't appear that there was enough horizontal distance in that area to achieve enough screening through benning and landscaping to screen the structure 10 to 14 feet in the air. He stated that this building would be visible in the entirety from the front of their house. They were not concerned with the square footage because it can be put on this property way back off to the lake on the existing road. They suggested a two-story building with underground parking. He stated that it may be more difficult and more expensive, but in their view it's important to protect their property values. He and the Duncan's invited the Planning Commission to come and take a look at their home because it may help them understand the dilemma they are facing. Stuart Nolan. 7020 Willow Creek Road. stated that they would probably not see the proposed building from their side of the lake, but they fully sympathized with their neighbors on the southern side that would be affected. He stated that Super Valu had done a wonderful job to develop property so far. He said there had to be a balance with the concerns of the people that live in . and along that lake that will be affected by their proposals. He expressed concern about added traffic at the northern side of the lake, added noise and the added activities that parks will bring. Wissner stated that she had not heard anyone object to Super Valu's expansion. She said when she saw the plans and went over to the property she had a hard time accepting the tall building. She said this was definitely a continuance to allow time for a plan to develop which has less visual impact on the lake. Foote stated that he agreed with Wissner that it has to be continued. He did not support the 8 story office because it was too high. He said the tree loss was excessive. He felt the developer and the neighbors can work these issue out together. Schlampp stated that he did not support the 8 story building that there were other ways to handle that particular view. He suggested conifers that would remain green all year as opposed to only five months of the year. He stated that he was in agreement with Wissner as to the continuance of this project. Bauer stated that he was· not prepared to move on this proposal. He believed the Commission had to give some guidance to the developer and the neighbors as to where their thought process was so they can corne back in two weeks and show where they are leading and helping facilitate some applicable resolution. He said that until the presentation from the audience he was ready to support the plan in it's entirety even though he found an 8 story building offensive. He said Mr. Sorensen raised an issue on the 1978 agreement that he was not aware of and until he saw that agreement he would not be prepared to act. He stated that other than that 8-story building the rest of the proposal was very well put together and well screened, and that to him was the only building that Y. A. -33 needed attention. Kardell stated that she went out to the site and found it very difficult to visualize but by seeing the materials that were brought this evening, she found it to be very helpful in getting a sense of what it may look like. She was supportive of more buildings with a lower height if the developer was able to achieve their square footage needs. She said the existing site plan needs additional work. She stated that some of the Commissioners have worked in with residents in the neighborhood and found them to be extremely reasonable and a very good group to work with. She encouraged the developer to work together with these residents. Mr. Ryan. developer. stated they did not anticipate approval tonight and are very happy to have this continued. He stated that they worked with the City Staff under the ordinance that you have to notify everybody within 500 feet. Super Valu held a neighborhood meeting in advance of this meeting, and they notified people beyond the 500 foot range. He said he felt they could all work together and satisfy everyone. He did not believe that Super Valu ever misled the Council. He said they did not violate the terms of the 1978 agreement. Kardell stated that the Commission will go back and look at the records of the 1978 project for the next meeting. MOTION 1: Bauer moved, seconded by Foote to continue until September 26th. Motion carried 5-0-0. Y. A.. -3'i Sarah Kopfmann 13249 Kerry Lane Eden Prairie, MN 55346 To Whomever this may concern: November 17, 1994 My name is Sarah Kopfmann and I am a student at Eden Prairie High School. I am writing in regard to the construction of the SuperValu, Inc. land. I was reading the "Eden Prairie Newspaper" and the article concerning this issue struck me by surprise. As I read on, I was astounded by the fact that people actually want to demolish this beautiful land, building ugly brick office building. I was disgusted by the fact that people would even take down a natural, beautiful, 70 foot hill to accommodate a parking lot. This in turn could ruin the habitat for many native animals in this area. Many of people that drive past this think of it as a treasured piece of land. However, with this project they will be looking at a piece of pavement with white parking lines. This issue is a concern of mine. I feel very strongly about this issue. I definitely do not support the destruction of this 135 acre area. I would like to avoid this remodeling of the woods. At this rate, there will be no natural beauty left in the state of Minnesota. This should be a concern for many. I hope you will support me by putting a stop to this unnecessary construction. Sincerely, Sarah Kopfmann If, STATE OF ~~~~©U~ DEPARTMENT OF NATURAL RESOURCES PHONE NO. METRO WATERS -1200 772-7910 October 12, 1994 Mr. Mike Franzen city of Eden Prairie 8080 Mitchell Road WARNER ROAD, ST. PAUL, MN Eden Prairie, Minnesota 55344 55106 FILENO. RE: SUPER VALU POD . CONCEPT PLAN, ROUND LAKE (27-72P) AND BRYANT LAKE (27-67P), CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Franzen: We have reviewed materials received regarding the Super Valu Corporation Headquarter POD plan. Some variances to the Shore land Management regulations relating to bluff development/setbacks and lake setbacks would be required for the proposed development. Based on information presented by the applicant at our joint meeting on 8/3/94, we are aware of the many factors that make this a unique site due to the physical features and its location relative to major roads. We agree that the applicant is going in the right direction in evaluating the most environmentally sensitive manner to develop the property. Your 8/19/94 staff memo fairly represents the concerns and input of the DNR regarding this site, and the conditions we would like to see for development of this site. We concur that developing the site with the proposed variances is reasonable and would not object to the city approving a POD concept plan that is consistent with the guidelines discussed at the 8/3/94 meeting and in your 8/19/94 staff report. To reiterate another point made at our 8/3/94 meeting, please recognize that although we view this site as unique and believe the proposed variances are reasonable, we do not support variances for development in bluff areas in general. Thank you for the opportunity to comment. Please contact me at 772- 7910 should you have questions. Sincerely, Ceil Strauss Area Hydrologist ccs c: Ed Fick, Shore land Hydrologist Miles Lindberg, BRW -sr. ~.-3h AN EQUAL OPPORTUNITY EMPLOYER To: From: Date: BRYAl. _ LAKE HOl\1EOWNERS AS~ _ elATION 7160 Willow Creek Road Eden Prairie, MN 55344 612/924-8703 Super Valu, attention Tom Ryan, Design Services Group City of Eden Prairie, attention Michael Franzen, Senior Planner Bryant Lake Neighborhood Association September 30, 1994 Subject: Proposed Super Valu Office and Parking Expansion Approximately sixty (60) Bryant Lake neighbors have met with various City Officials, the Planning Staff and Planning Commission, three times with Super Valu and BRW representatives, and three times in spirited neighborhood discussions. In response to the query of "what is our priority list of concerns regarding Super Valu's intended expansion" we submit the following: Concerns 1. The height of the proposed eight story office building. 2. The decking of parking that is adjacent to or visible from Bryant Lake. 3. The overall density of land use given the parcels topography and the attendant challenging traffic patterns. Suggestions The neighbors, after due consideration and considerable discussion suggest the following: 1. Re~onfigure all additional buildings to no more than three stories on the East Campus and four on the West Campus even though the resulting footprint would have to be enlarged. 2. Restrict "East Campus" parking to surface and/or underground parking. 3. Utilize the "West Campus" (near Valley View and 1-494) more densely with additional building square footage and above ground and/or decked parking. The neighbors realize this would increase tree loss and that it might compromise Old Baldy. y. ~.-37 Rationale The rationale for these suggestions are numerous but in the interest of brevity consider at least these salient points. 1. There is no way to appropriately mask a well lighted 145' high building ..... an edifice which would be out of character with current commercial, residential and recreational surroundings. 2. There is no way to mask lakeside decked parking and the required lighting from the Bryant Lake .... .lights which would be illuminated all night. 3. "West Campus" density appears to be feasible and in character with present commercial buildings that face I-494. Commercial buildings appear intermittently all along I-494 as it moves South to North. There is natural woods and wetland residential protection to the immediate North of Super Valu. 4 .. BRW, in their 1990 NEEPA traffic report identified three partiCUlarly troublesome Eden Prairie intersections, two of which are adjacent to and directly impact this development. A logical concern for safety mandates consideration of proper traffic flow and control. We appeal to the City and to Super Valu to offer alternatives which respond to these well reasoned concerns and the suggested solutions. Brian Duoos for the homeowners Y.~. -3ZS 3.pproved Planning Commission Minutes -3-Feb. 27, 1978 Tn Planner believed approval of the Bryant Lake View Estates plan will not mean approval of a through street to Rowland Road, but allows the possibility. Lynch in uired if the 8 1 trail would be consistent with.the Hikeway/Bikeway Report.. The Pl anne}-responded affi nnati ve , addi og ~he. trai 1 wou1 d be a 'backbon.e'.: trail.: ........... : . ,,:,.;' .;; .. ..: .;", : . t '-.( ••• ',::~ "'~;': ".;';: •• ~.; •• . .... '," :-.~ " Mr. Hemping, 6641 Beach Road,asked what the. future plans· far. Beach"-Road are with the 62 CrosstO'l/n extension. The Planner 'rep1ied the intersectimof Beach . and Crosstown would be realigned:to the east. ;',':2:.".: ':; . ,-f' p f ~ .. : (-.':..' ~ f. I ". ~~. '"'. ':.~ ~: ~'\'I' t:.::' .':: ~.,;. . ':."; .~~ ~ .. ~ ... L; !' :. ~ Motion 1:. . :." Lynch moved, McCuiloch seconded, to close the publ ic hearing on Bryant Lake .;', View Estates preliminary p1at~:· Motion carried unanimous1y~<, ... ' ~ .. ! !~:, .. . ;.,! ""'~' :.:., •. : ..• ' ..••• ~_ r.o ••. -,.... ;1", :. ..... ,'-~ •• ~-_ r -, '., -" , :.-' 1..: ", _' ~';:~., ' .. ," ;":': ..;:~:.' ',::,;./ :-:,.:.., ............. ~,.; ! '.'" - Motion 2: .: .' "i ~~r."r.~···'r.::·, " r'-.'.~ .'.r:;:!";·f ..... ·· -Lynch moved, McCulloch seconded, to recommend to. the City Council approval of .. ' .the·Bryant Lake.View Estates rezoning Jrom RuraJ ~o. Jt1-.22:Jor:.26:Jo:tsbased.;:· .. upon the Feb. 15, 1978 staff report •. M9tion carried,~:.1:,!-:IiJh.) .. Sc(h~e:.\'oting nay • . Mot; on -3: ':. j • ," ! '\ . ~ .' ..... :-:.',,..' ":" -: .... :.~ "~'r', -:~ ~ c ~ 4.,: r ~ 7. ~ ~'. -: '. -. ~ r. ... ,:., .. ~. ':'; --.-'" . .. . , " ; . Lynch moved ~"~1cCu"'1 och~s'e'corl<ied " to r~·co.~nd'. appr~va" .. of: :the' 'p:re1 imi'nary' 'p 1 at .:?j'::; dated Jan.~-16;l:1978 based upon .. the Feb.:.15,;· .1978 staff report. -'.~ Motion car.r.ied 3:1 with Schee voting nay. ~':: ,:;,:;': '.: .. ;\::; .... :.-.1'. .. : . ~!:-;.~:.:._ ",' , .. : .. _'.'::: .:.~ .. ' .. -.. ··~I:·:'·,., .... :.... c.~; .• ~' .... ~ •. ;,-..... ::. a-r.ti.·: '., Co' Hi llsborough & Hi 11 s borough Second, The Preserve, Request Jor: .. rezon ; n9 ..... from RUI~al to R1-13.5 and preliminary plat approval of .2Q .. acres into .. 34 .... lots, and 60 acres into 115 lots respectively •. Lot size and setback variances j4 equested on both additions ... A continuedpublic he~ring. -.: '. . The Planner informed the COlllmission The ,Preserve had not submitted revised. grading plans on the revised plat'unti1last Thrusday, :there.fore,nc staff report •. has been completed todate. " .. , : • .' : ~ :""j : .• .- Moti on '.' , ,. -. . . .. McCulloch moved,,' Schee seconded, to continue the' publi c·' hearing 'on Hi llsborough and Hi 11 sborough Socond to the March 13th meeti ng for a staff report., PETITIONS AND REQUESTS : A. Super Valu Stores, Inc., request' for reioning from Rural to Office for approximately 37 acres for corporate headquarters located on south end of Bryant Lake on a total site of approximately 140 acres. . . . -, t4r. John ~10rr;ssey. Senior Vice-President, Super Va1u Stores, Hopkins, introduced' Mr. Robert Dill of Ellerbe & Associates, who have conducted the site analysis. Mr.Morrissey stated Super Valu has purchased 140 acre site ~n the Southwest shore of Bryant Lake, at'e re.questing rezoning to Office for approximately 37 acres for their corporate office, and are looking forward to their move to Eden Prairie. Mr. Dill, Ellerbe, presented slides of the proposed Super Valu Office site depicting existing hills. vegetation, surrounding land us~s, access, proposed parking lot location, and sight views from lake • . V.~.-39 Council Minutes - 7 - Tues.,February 21, 1978 E. Miscellaneous (continued) City Manager Ulstad explained that a formal request has been received from Super Valu for a rezoning. Bye ·suggested that the Council go on record and that a letter be drafted by the Manager with best wishes for this project to the people at Super Value VII. ADJOURNMENT MOTION: Bye moved, seconded by Pauly, to adjourn the Council me~ting at 9:17 PM. Motion carried unanimously. y. A. -yO approved , -' Planning Commission Minutes -4-Feb. 27, 1978 Mr~ Di11statedSuperValu intends to plant additional vegetation to increase the -scre~ning of the_buildi~g from the lake in the Winter time. :. : Mr.Morrissey -stated design stuoies : to establish which area of the site is --. most suited for building 10cation"and which will have_1~ast impact on th:~land­ and keep it as ~lose to nature as possib1e,have been conducted and the site most_ favorable 1S the one· proposed forrezonin~. .;-;.: .. '. ' , ~ • ..~, -'. • o· ," :-.~:.. 1; '.' -::'"'! . . ~. ~;', :: :.::: I,',:' .... ,' . ~ Mr. Dill informed-the Conmission three rieighborhood'meetings'have been-conducted to familiarize residents wi~h _Super Va1u's plans. ' . ,. ~! !': t ..... ' •. " ! .: " Lynd(inquired 'if Super:-Va-1u'has plans" for the-100 remairi;n~facres .. '-Mr::Mo'r·dssey- replied the headquarter office, buiTding will only require' about--3S-40' acres, but they purchased the entire acreage for sale ,'therefore controlling the area to surround their corporat~_ office.' -':.;0.'i'_~.~~;2i~., ·i~). ! (.j~".~:' .:,:,'~::'. l,··~;:--tU)J· \-jf,'" sri):. ~.: > .:..;:.;:~j :::';-i ::.~ ,;.:::~.n:~~:~"'2 d:-·of f ... ::~.::,>:· t !::.'~'c/:~ ·f:.~::'>~ .. ~ Sundsfrorri inqulred."what~ types of trees:'are-existing on' the 'site.'-Dill replied .. Yelmrwillows~--oak'sf'and some 'fruit trees ... ",C':,SI '/';;:.' ~-,V .::~ ,~:~,: :-,< i:~,: , McCulloch, referring .to the 2-27-78 letter from Don Sorensen, 7121 Wil}ow Creek Road,",aske~' 'if-the' proposed building'-is' within the"floodplain.--.:-Mr:." Dill -disagreed, ',. statin'g' the' D,NR has-not yet established a high water mark, for'Bryant-Lak~ -and-they will be meeting'with the DNR and \'Iatershed district,,-·,: -.-.;",', I": :;': , ... -, -,- , Lynch a,sked what type of bonds are requested. Mr. Mords~i r'eplieci ~in~ustrial, ' " reveriue-b'onds 'in 'the'amount of $1~ooo,OOO,'notthe $1,000 which i$_a~.ty:pograph1ca1 error in the brochure. ' . -:.. ..~-' :' -, ~ , ... , 1 r Mr. Harrison, 6941 Beach Ro:ad, stated Ellerbe and Super Valu has been meeting with residents' over the last 2-3 months. He complimented Super Va1u and E1Jerbeis on the cooperation received, and hoped Super Valu would become-good corpora~e'neighbors 'of -the -al~ea and of the City.' :-' .' -'. ", -.' '. --' :-.! _' Mr. Peterson,7147 Topvie~ asked if any portion of the remaining,site could be , developed as a distribution center. Mr. Dill replied if additional improyements :-al~e desJred, the proponent must further apply for rezoning and receive approval. Mr.Morrlssey -stated a distribution center is not intended to be part of their corporate of~i ce s i,te development. Diane Fisher, 7275 Topview, asked if Super Va1u had plans ,to expand in the future. Mr. Morri s sey rep 1 i ed offi ce expans; on may be needed in the f_uture, and if so, they wou1 d retl!rn to the City for approva 1. _.--,' --'.,' Hike Solan, KRSI,inquired how tall the office structure \"ould be. Mr. Dill replied 46 feet. Lou Fisher,7275 Topview Rd, expressed disapproval. of 'spot 10catingl of industrial/ conme)'ci a 1 type uses. ,- The Planner stated the site is depictedin the Major Cente-r A'rea' piann'ed 'Unit Development as housing and ,regional commercial. Super Valu is requesting an amendment to the MeA PUD for 1 office stru.cture, instead of multiple housing; and the remainder of the 100 acres wili riot be developed unless future,requests are approved. ~10t; on: lynch moved. McCulloch seconded, to continue the request to March 13th f'r .... ., ... +~, r: of: "1",1"\ " .. t \L.A ... LJ \ t.. , l·~inutes -P:lrks, Rec. and l'b-turnl Rosources '::ol:.oission Inpproved - 9 - I-bnday, I-brch 6, 1978- 7. D "'~f31"""''''''''n+ P"'OT.'or.~ls .... ...... ". t ..... 1;;.. too .. _ ... """_ t n~ Super ~r:Juc Store~, Inc-L TnnGEl!J, r.otic~ that he r::iCl l!.tten~(Sd t.he !leiGhborhood. meeti.ngs held for the pl.lrpo:;;c of suppo'rt and Buggestior-s of til;; rc;;it:C!lts, cO~lentec thet he felt their olan ~~s good, but felt tho Go~ssion should take a look ::t the proPosal. Anderson sr.oke to recomocndation by the ShorcJ.ir~6 HaODgel!leot Ordinance for re-classification of lakes, and how \-le treat this plan as 0. CO:m:lission. lie spcl{o' to Einneapolis la;{es as an eA~~ple for public use. Tangen said Super Value have indico.ted they do not '\-lsnt public trails between th~ and the lake, for the ;urposes of security. Krucll asked ,~"heth,Jr residents "lere g£.nerally in favor of the plnn. Tn.ngen responded th3t both the Cove area and ';1illo,\-1 Creek seem to be in favor of the plan, but a!'€: or-l·osed to a bike,~ay SystClu coming throuGh from Beach Rd. to Bryant !.eke Park. l-:CTION: Kruell moveo, second.ed b~t Fii"ield, thA.t Super Vnlue rl~h be rei'~1'111:ld. t.o the Staff' for a coruprehensin: rC}"lOrti. 1·icticl1 CL'.rriCc1 Ullanil'alously. ' MEMO TO: FROM: DATE: PROJECT: REGARDING: BACKGROUND: Planning Commission Chris Enger, Planning Director March 7, 1978 Super Valu Stores Incorporated Request for PUD Amendment of Major Center Area Public PUD 73-08, and rezoning of approximately 37 acres from Rural to Office for on International Headquarters for Super Valu·Stores, Inc. . J \1 I~ :( Fi gure # 1 1 \~~\\ 'i5I~' c1J\ I ~ ~ .. ~ Q~ ~~ 1 M t\ G The 1968 Ccmprehensive Guide Plan, as shown ir\i~'1'" ,-<~~~\ '-"'-1 -\l11~' '~~\f\' in Figure 1, designates:t-1J, High Density ~\~~\.( '. -' ~cr-· .. ··~i~ LJ.\'.~ ~.V. Multiple family housing; M2, Institutional, I, ~' \3\ '~'1: ~-:_j~1 -'.. l Conunerci.al Re~ional Service; and a limited -, --'. . ~'. ;.r ~~ T I ~~-=~~~ amount of quasi-public open space on the I!.. --<..J, .. ~\\~\ '\\i!\: I I \\ ;::.J.1r 140t acres recent ly purchased by Super ~A~:f ~:-~ ~.,. ,~~~~~_, \ ~_J'\li _ ;~l Valu on the south\vestern end of Bryant Lake. ,1.,/ .~'t:) \ C.···.~). ''''~~~ I ,\ , ... \ . . 'I~ : ~\\ 't " ~C-"'l :~~\ \t-~b~ -.:. ..... ;r--:~" \ " ~ • .'" I -W\.\ ~'\-:-:-"}U --. "High Density(over 15 units/acre)multiple I .. ~._\ .. , "-:::n--~ ·"';<;~\.;¥::)\\t,itt"!f.'.if;:' .. ::- development is limited to the area surround-I ' .. I ,.\ •. ,. ; "~~i''':?,) ~!tt-:-\.i11··1 . J ing the maj or, regional, commercial center. I . I .\~i...l -~ \ \ ~.::-,;~~,\~; \&'; I. I r .-r'l~ .J!: \ Mr .'-.~ -t:.:.~" 'Qlf . ' . Large scale institutional development t-.... -:-·~~[\:;.,'.;."J~.\~\ ~2~\~J 07' ~~/ should also be encouraged in this area. ' M~'I&.r;··,~ ~\.·:\I;·J '. \\. -.,.' "J I -. 1:" -~/ ~". v A community college, vocational school, "" !.\\~; '~'f;\~ "1 '_... C1 ~W j ity or other high density quasi-residential 8 8i~~··"··"-'-~ ~-:-'/jf development \iould be acceptable. and desir-c. i c'J ,~ '::-:4, .. 1:}~ able in this area. M: C3 t I / .... :~ ~~"~:. . /Il (~.;l')C-lf \~ Aft" '~'~""""("",. i i The C3 area is proposed to be a limited regional commercial area in \\'hich the primary business is service oriented. Here is \'ihere the bank or savings and -!lOM building could be located when it is desired to have a detached site. Here also, would~be found the automobile dealers, hecause of the service orientation, but also because of the large area requircllients. Hovie theatres, athlctic clubs, office buildings, hospit:lls, restaurants. and.other such service rather than retail uses are suggested. " I 11968 Comprehensive Guide Plan, City of Edell Prairio Y.~. -43 Memo-Super Valu Rezoning -2- "'ajor Center Area PUD ( MCA PUD ) Subsequent to the 1968 Guide Plan, the Major Center Area Planned Unit Develop- ment was adopted. The.Plan designates two high density housing sites,a high\iay commercial or regional office site, and open space which approximates the 854 floodplain contour, pius both high knolls near the lake. See Figure' 2 • . leo land within the Ring R~ute in Zone 3 is very nilar to that of Zone 2 in that it contains less than 50 res of very developable land. The freeway exposure 212 and the interchange as welt as the vie~s to the lrth of Bryant Lake make this site ideally suited for ~hway commercial use, office or selected free standing mmerciOlI facilities. The rather high proportion of :ng Route frontage, compared with the total acreage, 9gcsts highcr trip-generating uses ih this area, as the )lumes of trartic on this segment of the Ring Route c lower than those adjacent to the southwest Jadrant •. he land outside the Ring Route is of high environ- ental quality with stct!p slopes, mature woods and ·oximity to Bryant Lake and flood plain. The narrow rip of land where KRSI has built its offices offers very nited potential for small orfice development. limited uking requirements and minimum flood plain en- oachment arc mandatory for further site development. site next to the 494/Ring Route interchange could Ir -t highway commercial or regional office use on . ss "lI)all 10 acres of land. The access, land forms <lnd sibilily should enable development of lhi~ site to blend ,(: commercial and residential use in the quadrant. March 7, 1978 The majority of the property north of the Ring Route is well suited for residential deve!opment of a low to medium M.C.A. density. Approximately 50 acres are available as buildable land if the wooded knolls adjac.ent to Bryant Lake are preserved as public open space. Site development should provide for the dedication of the wei lands and the prominent knolls for public open space and preservation of the southwest cove of Bryant Lake. Special building types such as terraced housing to accommodate the steep slopes or clustered fllUltiples are required to accommodate site constrLlin~:;. Designing to preserve these n3tural features will creatl' a resi- dential environment of the highest quality. The residential units would have limited use of Bryant Lake. Small Sailboats or canoes for the residents might be appropriate for the size and function of Oryant . Lake. Preservation of the major marshes and land character north of the Ring Routt! are critical to the success of development in this visually and environ- mentally sensitive segment of the M.C.A. 'Y'. ~. -44 ~ c- > r.:-'l ~'J • -I • ...... _- : : j .. -.... .;J en . , ~"'I r' I , ) o. o d OPEN SPACE \' " . : . . , ~ . . .A7.:-: !~. : :. ." • ,t . • .. ' . ',: ., " '0' '0 -0. f., \ \. SUP E R A~tENDMENT T 0 '0 ~ I '0 • ~'= " ::-:.. ' • . . ... • f .. ' • . . : .~.. ... .. :. " .. "0 :.:'" • '0 •• ,.' .' .... :" '., '0 •• -I .0 ..... . . .. t •• , , ' .. , ,0; "0;' • .' o E V .. ' ' ,.J" , .: . r' , " ,'.1 " ':' .0.: , , , ..... •• • '.' ... ;-: '0 '0", "0 .:' " '::':~.: .. • ;." " . ' .. \ ~: .. " t • '0 e': ": .. :'0' .:-;::; "; ....' '.,-,' '":-.: .~ .... :.:, :: .' . " ... .... :. 'I .' '0 .... r- °o '0 " " , • r .:. ~. . ';' ", ." : ~ .. ~ . ! ," ... ~ , " " , .. ,' ., 0" ,'. . '0 0 ° , ','IJ ',' , . . ," .' " , , ARE A • ,I·t • " ' ,.' , 'j , \ , ", :, t. , . .'~ . ! I • :. ~';' :, ,:' j '. '~ .\ I j • . . , , . '1 , . , . 1 " .·1 , " ~ :. . j Memo-Super Valu -3-March 7, 1978 Proposed 'Plan Comparisons: The Planned Unit Development amendment proposed by Super Valu is in substantial . conformance with both the 1968 Guide Plan and. the· ~1ajor Center Area Planned Unit Development. The proposed plan shows significantly more open space than the 1968 Guide Plan, less commercial area, and proposes an office use on the 37 acres rather than Institutional. Super Valu's plan encroaches slightly on the eastern knoll shown as open space in the MCA Plan, however, the building is built into the side of the hill pre- serving the integrity of the land form. The office use is substituted for high·. density housing. GENERAL L~~D USE PROPOSED PROS AND CONS PROS 1. office use provides control of water runoff to sedimen'- tation ponds. • 2. use is not an "active" lake user. 3. form o'f building low near. lakeshore preserves landform 'skyline' • 4. parking area screened from lake and surrounding roads • . s. 10\~ night time and weekend usage. 6. low tax service user •. 7. provides additional develop- ment incentive to MCA. 8. lower ADTs than anticipated high rise condominiums. 9. lower parking requirements than housing. CONS 1. lower building requires more ground coverag~. 2 provides.no public access to lake. 3. 700 fee"t long building may appear· massive from lake side. 4. lighting cannot be screened. s. easy access into site may cause addi- tional policing problems. 6. 7. 8. 9. housing parking may be partially enclosed Memo-Super Valu -4-March 7, 1978 Chances Since the 1968 Guide Plan . 1. KRSI/KfltK Radio Station has been located in the H2 Area shown in the 1968 Guide Plan. The radio station's ,towers have had a profound effect on the 'skyline' and character of the area. 2. An old swimming beach had been operated on the southwest shore of the lake within this site. Since the 1968 Guide Plan, the City has acquired approximately 170 acres of land for a. Community/Regional park on the northeast shore of the lake. This is about twice the area designated in the original guide plan. Much of this land has been acquired since 1973 when the l-tCA report was adopted. This has given the City control over a substantial portion of the lakeshore. There is currently no way to bring a lakeshore trail around Bryant Lake without cutting through existing backyards or swinging away 'from the lake. There is, however, ample room \~ithin Bryant Lake Park for trail development. Round Lake and Staring Lake are examples where the -City hns purchased the entire lakeshore \~hich may be used for trail development. 3. lvlajor Cem:er Area Planned Unit Development \~as adopted. 4. Metram P~operties , in 1976, announced plans for construction of 1500 units of luxury highrise condominiums on this site. Rezoning was applied for, but the proponents requested to be taken off Planning Commission schedule until :further notificat;ion . No further requests were received. GOVER~'f.IENTAL REGULATIONS AFFECTING SITE 1. The floodplain elevation for this site has been set at 854. This is an anticipated floodplain level taking into account the full land use devel- opment of the \-Iatershed. No filling or alteration of this area may be done without a permit from the Nine t-lile l~atershed District. l~e have spoken with .John Dickson , Barr Engineering , staff consultants to the \-Iatershed district, and he \.;ill be carefully revie\-:ing Super Valu' s plans and' making recouIDlendations to the Watershed District • . His preliminary conunents Tt:'=ate do not point-up any maj or problems. Storm water runoff from the parking area and bui lding \~il1 be ch:mneled to a sedimentation pond prior to release into the natura) pond. T. ~.-yj " "lemo-Super Valu -5-March 7,1978 2. The watershed district will suggest procedures and methods of applying non-polluting fertilizers to the lawn areas on the lake side of the building. There is a small amount of encroachment into the floodplain by the entrance drive, which the watershed district must review. The building and parking have been located on soils and slopes which have least erosion potential. Preliminary soil borings show .no problem with groudwater in anticipated building areas. Shoreland t-1anagement Act classifies Bryant Lake as a Recreational Development Lake which requires that buildings be set back 75 feet from the normal ordinary high water mark. \'Ie hav.e spoken with Ron Harnac of DNR regarding this. He states the normal ordinary high water mark is set at 852.6 feet •.. Super Valu will have to conform to this restriction. 3. . The Ci. ty J under state law, has done an Environmental Assessment Worksheet in order to determine if the ~roposal is of regional significance. 4. Super Valu will have to obtain the necessary permits from Nine Mile Watershed District, Department of Natural Resources, and the p.S. Army· Corp of Engineers. ACCESS: • Access to the site has been reviewed by Hennepin County, and they find the sight line distances acceptable. More indepth review of the access by the County may point-up a need for turn lanes. Super Valu must obtain an entrance permit from Hennepin County contingent to their recommendations. There are no conflicts with other entrances onto Valley View Road. The City requires additional ROW dedication of 60 feet from centerline on Valley Vie\~ Road to allo\~ for Ring Road improvements. Off-ramps from 1-494 west bound to·US 169 will be accomplished this summer; although a rnmp from 1-494 south bound and nn on-ramp north bound must be constructed with 90~ City funding. There are currently 1,300 ADTs on Valley View Road with 1,400 being anticipated additions if Super Valu is constructed. The County projects 8,000 ADTs for thc Ycnr 2000. Yf4.-y~ .. ~1emo-Super Valu -6-March 7,1978 PARKING: Super Valu sholfs 550 employee parking spaces for 685 employees. Our Ordinance requires 5 spaces' per 1,000 square feet gross floor area. According to this, Super Valu would be required to pro- vide 825 spaces. Super Valu feels that the parking they propose is sufficient. As long as parking expansion area is provided on the site, as shown in the site plan, the.Planning Staff feels this is a reasonable approach. . Parking for future additions, above the 820 spaces shown potentially, should be prv.:ded through a parking deck directly south of th~ main hui Iding. 11iis wi 11 provide additional parking without adding more impervious surfac~ area . • / / ,~7 . Memo-Super Valu . March 7, 1978 lITILITIES: Sewer and water are available to the site. There are two ways of servicing the site with sewer. These will have 'to be worked-out with the City Engineering Department. Super Valu has been working with residents of The Cove and Willow Creek Areas of Bryant Lake to develop a plan which is acceptable. ORDINANCE 135' REQUIRE~ffiNTS: OFFICE DISTRICT "SECTION 6 OFC-OFFICE DISTRICT SUBD. 6.1 Purposes In addi~10n to the objectives prescribed in Articie 1 General Objectives, the OFC-Offfce district is included in the zoning ordinance to . achieve the following purposes: . a) To provide opportunities for offices of a semi-commercial character to locate outside of commercial districts. b) To establish and maintain in portions of the Village the high standards of site planning, architecture, and land- scape design sought by many business and professional offices. c) To provide adequate space to meet the needs of modern offices, including off-street parking of automobiles and where appro- priate , off street loading of trucks. d} To provide space for semi-public facilities and institutions that appropriately may be located in office districts. e) To minimize traffic congestion and to avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them. £) To protect offices from the noise, disturbance, traffic hazards, safety hazards , and other objectionable influences incidental to certain commercial uses. SUBD. 6.2 Permitted Uses a) Business and professional offices and accessory uses. b) Suppol·ting commercial sales nod services to office users within large office structures only. c) Public 'lOli quasi puhl ic faci li tics and services required by the resident or working population. Yf\. -50 l-iemo-Super Valu -8-·March 7, 1978· SUBD. 6.3 Required Conditions a) All uses shall comply with the regulations precribed in Section 2,' Site, Yard ,Bulk ,Usable Open Space, Screening, Landscaping, Parking, Loading and Performance Standards. b) All professional pursuits and businesses shall be cond'ucted entirely within a completely enclosed structure except for off-street parking and loading areas. c) Acceptable approved sanitary sewer service must be provided to all occupied structures. d) Zoning requests will be considered only on the basis of a comprehensive development plan for the entire area to be zoned and specific plans for initial structures and site development. Section 2--Site, Yard. Bulk, Usable Open Space, Screening, Lands~aplng, Parking, Loading, Performance Standards, page 2 , Ord. 135 OFe nfstrict Minimum lot size minimum width minimum depth Setbacks: front rear sides Maximum FAR (Floor Area Ratio) Maximum Height of Structure 20,OOq square feet 100 feet 100 feet 35 feet 20' feet 20:50 feet 0.3 - 0.5 30 feet 1 story multi-story .. " .. ' .. Memo-Super Valu 0 March 7, 1978 -9- StJl.IMARY Proponent is requesting amendment to the MeA PUD 73-08 according to plan dated Feb. 1978. Change is mostly from Housing to office land use for one of the two designated housing sites. ~e p:opone?t is requesting rezoning of 37± acres from Rural to Office Dlstrlct in conformance with the amended PUD. No variances are being requested. 0 The City Staff is submitting the E .A.l'l. to the advisory commissions and ~ouncil for a finding of no significant regional impact to be published ln the E.Q.B. Monitor. RECOMMENDATIONS: City Staff recommends approval of the PUD amendment dated Feb. 1978 according to the development brochure and site plan of the same date. City Staff recommends thOat the request for rezoning from Rural to Office be approved with the following provisions: 1. The :;ite Tl 1 ::tn, .. dth modifications req\'li!"ed by Nine Mile l'latershed District, Department of Na~ural Resources, A1~Y Corps of Engineers, and Hennepin County, dated Feb. 1978, be the basis of approval • . 2. That right-of-way 60 feet from centerline along Valley View Road be conveyed to the City of Eden Prairie. o 3. That open space as proposed in the PUD be preserved unaltered in its natural state. 4. That additions to the building be in conformance \-lith all City, State, and \-latershed district regulations • . • 0 S. The additionnl buildings not now proposed in the 37 acre office district, be revie,,,ed and approved by the City Commissions and Council prior to application for n building permit. 6. The cash park fee of $1,200/acre for "the 37 acres required for rezoning be paid at time of building permit. 7. A erosion and sedimentation control plan must be approved by the Nine t>tile '~atershed District. 8. Construction must commence within two yeal's from date of second reading of ordinance. 9. No clearing along the lakeshore other than removal of dead vegetation. ]0. Parking be allowed ns proposed, 550 spaces, with an ndditional parking cnpncity of 825 to he provided as need \~arrnnts \~ithin tho 'loop' of road. If spncos above tho 825 arc needed for this $ite, ther should be provided in a parking deck. 1/ C ~_P\_._-_5_2 ___________ _ " ..... . MINUTES EDEN PRAIRIE PLfu~NING COMMISSION I.approved ~lONDAY, ~1ARCH 13, 1978 7:30 PM City Hall COl-IMISSION PRESENT: Chairman Sundst~pm, Richard Lynch,l'lilliam BeaTl!'an, t>1atthew Levitt, Paul Redpath (arrived later) . COl-U .. IISSION ABSENT: Liz Retterath STAFF PRESENT: Planning Director Chris Fnger, Planning Assistant Jean Johnson, Director of Community Services Bob Lambert 1. S\1E:\RING IN OF COMMISSION MEMBER LEVITT Planning Director Chris Enger administered the oath of office to Commissio~ Member Levitt. l 'T .I.. ELECTION OF OFFICERS:' . . '". ,. ~ ;. ; '. . .. . .... . .' " III. }~PROV~L OF AGENDA ,'" -.......... ," , ~ " ) . '.' Levitt moved, Bearman seconded, to place Election of Officers under New' Business. to await the arrival of Mr. Redpath. Hotion carried unanimously •. . .... IV. l>UNUTPS OF THE FEBRUARY 27, 1978 ~·1EETING P.1 CO~WISSION ABSENT: add Bearman Lynch moved. Bearman seconded, to approve the minutes as written and, correct ed. . ~.10tion can'ied 3: 0: 1 ''lith Bea'1"man abstaining. V. MEMBERS REPORTS A. Chairman -, ncne B. Others -none VI, REPORTS AND RECOHHENDATIONS A. Super V£lu Stores, Inc.,request for PUI? Amendment to t.1ajor Center Area PUD for a 14'0 acre site, '~nd rezoning of 37 acres from Rural to Office for c01.lJorate headquarters to be located on' south end of Bryant Lak~.· '11 Ie Planner informed the Commission Super 'Valu appli~d for PUD Amendment. to ~1CJ'. PUI.> . to . include :. office, housing, open space, ·~md office/commercial uses on the 140 acre site. He referred the Commission to the Draft Environmental Assessment Worksheet and the staff report dated f.larch 7, 1978. He stated the .. . Department of Natural Resources \'1i 11 be determining the actual. high water mark , and once it is established 'Super Valu intends to respect the setbacks -required. The Flanne-r reviewed passed PUD approvals on the site as: 1968 Guide Plan. depicting commc:rcial and housing; a 1968 A.lllendment tQ the Guide Plan outlining single family detached; and the ~ICA PUD of 1973 which outlines uses of housing aJid commercia 1. He believed the office usc of the site is preferred to medium density housing as the~:: wi 11 be less use of the land , traffic & public services. The Planner stat€:d the zoning request will require variance fi.'om Ord. 135 \~hereby office structure!'> o:re. limited to 30 feet, although since the project is within the HeA, ~tTtlctures ma.y be higher than strict ordinance r~quiremcT!ts. . TIle Plannerl'~C()ll\mcnd(X\ the PUD and zoning request be approved contingent upon the c.ondlUons within the staff repm't;and that no docking facilities be ..... . c~n~t.~~~~.~.~~ ... on .. ~l.l~.,.~a~,~.,' .~:~~~".~~t~,1~~".~~~.~ ;din g a#A:. ~a~~~ p1nns be subj ect Planning Commission Minutes -2- approved March 13~ 1978 Mr .. Robert Dill~ Ellerbe & Associates, briefly outlined the PUD uses on the 140.acre site and the layout of the 37 acre office site. ~1r. Bearman inquired if Super Valu anticipates selling any of the 140 acres •. Hr. Di1~ replied that it is undetermined at this time.' Levitt asked if the building desig~ proposed on the plans and models is the only one Super Valu is considering. " .. Mr .. Dill rep~ied during initial meetings with residents alternate building' designs were shmm, but the building in the brochure and on the model, is the type that,will be built . • • • J.-. . .' "" ,' • ...... -- Lynch' 'asked 1f the hous ing ,depicted : in' the t-fCA PUD: would be apartments .. The Planner replied it would be ,possible. ",;. .!' Levitt questioned w~ere additional parking would be accommodated if the use is expanded. Mr. Dill replied they believe 1 space/l~.2 employees is"adequa~~ based on current studies J and future parking could be-provided nearby" and by decking.': .'~;~;~"~ .. ~.:'_<:.;::::'~:'; .. : ." , , :-.. , .,",;.:4:., ~ '0#," F;·~·:, ... ~;r.'''' , ,· .. ·:;.·r:·f '.:. 'r . :)~;i '~":':;' ..... : '.,": f. , ... : "!-; ._ r. . . Sundstrom inquired .if the small pond on-site ,would pecovered by'thesame restrictions as Bryant Lake. The Planner replied affirm3.~i.ve ~ -t· po Levitt inquired what the City's costwould"be' fer the I~494·:'ramp ... The Planner :estimated ',90% .of the anticipated. $100 J 000: cost .. . -: • j. . . ,", . . :.' . , '. ',- BeRrm~n askeC: :..r the City has 'to assume any o£" th~ costs of 'the iliuu5tria~. revenue bond.' Mr. Morrissey,· Vice-Presideitt Super Valu, Hopki~s,replied S~per Valu would b~ responsible. for the cost of underwriting, l~gal costs, etc. Sundstrom asked if the EAW is \'1ri tten on the entire 140 acres or the 37 acre office site proposed. The Planner replied the EAW is basically written on thE:' 37 acre· office site and if future uses are prop~sed additional EAWs may be necessary. ' . . ' " Redpath a~ri ved The Planner informed the Commission the Pa;ks, Recrea:tion and Natural Resouces Commission disctlssedpossibility of a trail around Bryant Lake J but. the motion to recommend a trail failed. Don Sorensen~ 712'1 Willow Creek Road, asked where future build'ing expansion is anticipated. Mr. Dill be1.ieved additional expansion of the building would ,occur to the sDuthwest ~:( the building location proposed. Mr. Sorensen stated he is impressed .with the Super Valu proposal but does have concern over the siting of the building. lie believed the area' could be better protected and' preserved ''lith unique architectural dl~sign and siting. Sundstrom asked if any activites are planned in the open space areas of the 140 acres. The Planner believed the open space designated areas would be preserved in their natural state. Nr. Bearman inquired what alternate ~ites on the acreage were investigated. Hr. Oill outlined the alternates sites, hat stated the ~ite selected has the best ~oils and will have minimnl impact upon the lake. Sorensen suggested pl:l~elllent of the builcUng at and into the base of 10ld Baldy I he invest i.gated. -:sr. ~. -St./ Ipproved Planning Commission Minutes -3- ,-March 13, 1978 Sundstrom inquired if the total office site proposed must be rezoned in order to lneet setbacks, i.e., the northern tip near the lake. Mr. Morrissey replied the line could be redrawn if the City desires and still meet setbacks. -' 1-1r. Redpath complimented Super Valu for the admirable plans on a site which has had less than desirable proposals. He added he does find reason to agree w1th alternate siting possibilities as stated by Mr. Sorensen, but believes the _- plan proposed is acceptable. . Motion 1 _. , _ Lynch moved, Bearman seconded, to recommend to the City Council-approval of the EAW finding of no significant impact-. Motion carried unanimously. Motion 2 '-:: : . __ , ,. :-' -,< • _ :_: '" >._ _;:---. Lynch moved, McCulloch seconded, to recommend to the City Council approval of Super Valu' sPUD dated -' Feb. 13, 1978. Motion carried~ unanimo~s ~y.. --- . :', ; ; .~... . I! : '.' ,-~. ,~ " '-. " I .... ,', Motion 3: Lynch moved, Bearman seconded, Super Va1u rezoning of 37 acres from Rural to Office according to the 140-acre PUD contingent upon-the staff report dated March 7, 1978, subject to the approvals from the Department of Natural Resources, Nine Mile Watershed District and Hennepin County, that a variance from Ord. 135 height restriction-be recommended;- and that no docking facilities be allowed on the site .... Motion carried-unanimously. B. Hi1lsborou~h & Hillsborough Second. The Preserve. request for PUD approval; rezoning from Rural to Rl-13.5 , and preliminary' plat approval of 20 acres into 34 lots and 60 acres into 115 lots respectively. Lot size and setback variances' requested on both additions. A-continued public hearing. The Planner Stated the City staff is recommending approval of the revised site plan based on the conditions in the staff report-dated l-farch 2, 1978, and the Engineering Supplement dated March 7 , 1978. The Planner then referred the Commission to the Preserve letter of 3-10-78 -regarding response to the staff report. Redpath -asked Mr.He~s why The Preserve is objecting to the side\"alk. ,-r.fr. Hess stated he agrees the sidewalk should be built, but does not believe it should be a contingency on the project- McCulloch asked who the property owner to the south is. The Planner believed Hustad Development Company is the Olmer. Bearman remarked that the redesign of the plats has created smaller lots. Mr. Hess replied the Second Addition had to be redesigned slightly to create access to the property to the west as recommended by the city staff. r.1cCulloch inquired ,,,hat basis The Preserve has for requesting "standard variances". Hess rcplicd projects in the past have_ received similar variances, therefore the same \'ariancC's are requested and referred to as Standard PUD variances. Y.~.-SS- .approved Planning Commission ~Iinutes -4-l-1arch 13, 1£'78 SU!'lc!strom inquired what the city is recelvlng in trade-off for the varianc.e requests. The planner. stated the Hillsborough plat is basically .in ccpformance with city ordinances. but the Second Addition due. to NSP, sewer & utilit.y easem~nts, ~md Airport Zone restrictions, has constraints 'whi ch we:re . difficult for the developel' to deal with. Hr. Hess ?tated the development respects di fficul t soils and steep slopes.' and the. overall .density ·i.s less than 2units/acre. Motion 1: . Bearman mO'"ed,Redpath seconded, to close the public hearing on Hillsborough I and Hillsborough Second additions. Motion carried unanimously', IvfotiOTl 2: . Bearman 'moved, Redpath' ,seconded, . to recommend approval of the Hillsbc,l'ough .. pun for: 149 single, family lots-on:' approx.imately 80' acres ' based on the . pun submission :datedMarch 13,-~1978 ·,andthe staff reports of March 2, 1978 and :·1arch 7. 1978. Motion did not pass, vote 3 ayes (Redpath, Sundstrom, Levitt) J 3 nays ( Lynch, McCulloch, Bearman) . . ', " ;. .:' '. ., .. 'No further' motions made. :: C. Pheasant Oaks, Burmith, Inc., request rezoning, fronl Rural to R1-1,3.5 for 96 acres.: Loc~ted east of Red" Rock Lake hea~·ing. for, preliminary plat approval and single family detached homes on 5S and South of Village Woods. A public 'The Planner referred the Commi.ssion to the staff report, engineering supple:nem:, and EAW prepared on the Pheasant Oaks proj ect. He stated the proponent is nc: requesting any variances from the Rl-13. 5 District, and the staff is recOlrlmending credit be given for the proponent's construction of the trail .. Mr. Robcr~ Smith, Burmith Inc., outlined the project location with des~ription of the vegetation , slOpes, and utility availability. He· stated they are proposing to dedicate 11 acres to the city. which, amounts to approximately 20% of ,,:the total developable site: area. ~1r. McCulloch inquired if the proponent agrees with the staff report. Mr. Smith responded affirmative , except for full cash park fee payment. BeaJ'man asked if the project would have architectural controls, and who it ,,,ould be. Mr.Snith stated they \,'ould be establishing controls on house size, construc- ,tion, etc. Levitt nsked what the price range of the homes would be. Mr. Smith estimated $75:00-100,000 , wvitt then asked if storm sewer facilities were present. l-tr. Smith replied the pTCoject would be drained to a scdimcn~ut.ion pond and then into Red Rock Luke. . " HcClilloch asked if the specials would be paid by the developer. ~1r. Smith replied the spcci:.ls had bel;n deferred because for the last 3-4 years the prC'pcrty has been in Green Al.:rcs .• but the specials \-lill be paid as the project pr'occed~. RcdPJt~l inlluired :if IHm"atha Avenue would intersect with Village Woods Drive. ~lr. SIl~l tit n.'i:1icd <Jffirmativc. -rr.~. -S~ March 23, 1978 Community Staff Recommendations SUPER V/\LU PUD Supplement to March 7, 1978 Planning Staff Report The Community Services Staff conGurs with the Planning Staff that the proposed Planned Uni,t Development is in conformance'with the 1968 GuidePlart and the Major Center Area Planned Unit Developmentsqnd that office use is an appropriate substitute for high density housing in this area. Les Blacklock has said "I see the development of the Major Center Area here not uS an ecological catastrophe, which it certainly could be, but as a great challenge. with tremendously hiqh stakes". We must attempt to develop the Major Center Area "in a manner that provides for: the continued maintenance and enhancement of the habitat and wildlife presently using the area; a continued functioning of the naturai systems, including hydrology; of viable "urban" environment, including transportation, land use, livability, etc" • . Although, I do have some concerns over the distance from the building to the pond, after our recent fi2ld inspection of the site I am convinced that Super Valu has proposed the best possible layout of the building in terms of the screeni ng and vi sua 1 impact from the 1 ake and the surround.i ng communi ty. The ~\ajor Cente," Area Report indicates open space around the pond and includes the marsh area and the two knolls as open space. The proposed PUD shows nearly the same amount of open space. There has been some discussion of the need for a 'trail around the western and southern side of Bl'yant Lake circl ing the lake and connecting to the park on the east side of the lake. There is a need for a trail corridor connecting Bryant Lake Park to the Smetana Lake and eastward along a proposed County Trail. Trrat trail could follow the Nine-Mile Creek Corridor from Bryant Lake and be connected·to the park via a route east of Willow Creek development. The 852.6 contour has been determined as the ordinary high water line. All of the area below the contour is public open space. The 854 contour has been dtermined as the floodplain. Community Service Staff has the following recommend- ations: • . 1. That Super Valu dedicate all of the land below the 854 contour as scenic easement. 2. That Super Valu dedicate the entire northern most knoll as scenic easement to preclude any development of that knoll. 3., That Super Valu dedicate the northern half of the knoll immediately north of their building as scenic easement. 4. That the City make a ~i'ovision in the proposed PUD amendment that would restrict any construction of dOcks or piers. 5. The CASH PARK FEE of $1,200 pel' acre for the approximate 37 acre office district be paid at the time of the b.uilding permit. -sr.~. -57 lv!int~tes -l'nrl:s, RecreRtion and Natural I'!esources Commission approved -4-April 3, 1978 a. o ~~ch 31, 1978, eA~laining that this year transitional typo year because of the ~ear adopt memo of l'.nrch 31, 1978 from Werts, in vic\J of the ar lbund School system that she has 'to .... ,ork . .11 ceconded, m ·on carried unanimously. \ \ ' Super V~lue 1.fr. p.cbert' Dill, r~pr~senting Super Value~: gave -n slide' presentation of the, planning process undergone by, Super· Value to determine the best site, building configuration, parking facilities aDd etc.. 1:0 spoke to their' efforts to meet with' the "neighbo:osto receive their input.He streSS- ed, conformance of the proposed Planned Unit Devclor.mE.:n~;)'·y;i th' the 1968, Guid~ Plan and the i'~jor Center .. :krea Planned Unit Levcl~puent, ex,?laining that Sup'er Value i50n1y requesting one change to the original Pu1), and that is to cbange 35 acres from housing to office zoning. ll'ii'!e1d. inqt,i..red about the .lanascf.;ine plans ill"tended .fOl" the a;,:~a. Dill responded that they are proposing sod 'around building and p3rking, ,·ti th the remainQcr left in its natural state or with addcd plantings. ~e explain- t!d that ne\.," plantings vlOu1d be put in between ?u'king. spaces, stepping up the hill ~o soften i.1ilpact of parking lots.' Di1l-re~ponded to questions on Super Valuets, expansion plans. He e)~lnined that one expansion ,~as plnnned fer about 1985, and. if any ne~-1 bt:i1dings lw.d to be· built tt.ey l-:ou1d. go tLrough entire procedure of approval frOID tho City Council and :}o:ru.issions. Tangen spoke to neighborhood input of concern that this building would be a very large structure to be placed that cl03e to a lake that is used for recreation [md the effect it ,",ould hE-ve on -ceople across the lake. He spoke fUrtter to the pD3sibility of a chang~ in designation of the lake to ~~e IJatural EnviroD.~ent Lake ci1assification, requirinG ,a 150 1 setback froll the hieh water line. Dill ~trcssed tnat efforts had becn made, to minimizc"impact on the Inke, referring to tho \Tall of glass effect and the"stepping backll b~· floors aW3Y i:r01:l the lake. l:e e~~lainod they \oTero asking for a variance 011 the height of the builc.1ing from 35' to 46 t • 'rho qup.5tion of c.cc1.tc~tioll of ope~ $;;3Ce as scenic' easements for the r-ur- poce of pr(:sc:l'~i,3.th)l1 ,,:as di~cusced. till aS~1Ured,·the Cor.nd.ssion tbt a!'cas dC~1i(.!1r.tcd Cfl open :;j:IlCC in tho c·ri;:incl Pli'D \·rill bo the samo, nn'l ~rok(: to tr.t:" lc.vcl~ of ccntrol th.'cuGh DHItt ~';ntcr::;hcd !Jbtrict r-tnd Planning l:O!:::;lisnion ", over~:ny fu:-ti"lcr clWrll';e::;. y. A. -5t Hin'.ltes -Fnrks, necr· ... ..J.ti(.,£. and !:atural Resources Cor.uJission a. SuncI" Volue (cont·l.d) .approve:d - 5 - }.~ndoy, April 3, 1975 -~ In response to question by Krucll on how proposal ties in with tlle park slste:=l, Lambert referred to COI:ID\uni ty Service .3taff IS rcco1Cl:lendations of ". dedication in Supplc=lent report of ,·:arch 23, 1975. lie spoke to' his ccn- cern wit!l itte effect the build.ing ,.rill h3ve on the viell of the people livir-e on the lake and said he sensed that this type of building \.JOuld have less of an e~fect than r.nLlti~le housing ~~uld. . Kruell expressed concern over the lack of an overall plan for the 140 acres purchased by Super Value. Dill e>-:plained that Super Value originally wmted to buy only p3rt of the site, but decided to purChase the entire site for pur- poses of control, end. that nothing is proposed for the remaining acres. G3rens spoke to the provision for a trail connecting with land across By. 494 in the original POD and noted t~4t the prescnt proposal does not include thi~ provisioll. .. Dill explained·that because of the erosion caused by trail bikes etc. and ~dth the security problem it would cause, Super Value is opposed to a trail system through the erea. lie added that they \-JOule. be in favel' of permiting enough laJ::ld. along 00. Rd. 60 for a trail. Chair.r~n ~~cp.rson spoke to tho trail system envisioned by the ComrJLssion such as l.::~d in i-.a.nneapolis around the lakes; anc felt that su~'-l 3 ~y~tE:m '.lCuld be the best , .. e could. do for the residents of· Eden Prairie. l".OTIOlJ: Kruell DOTed to reco:!llIllend to the Council that the Super 'lalue project as proposed be suspended until th3 trail problem, various iterols ot.lr-.r,d d~.lcict;ticnl and encroacr~~ent into regulated zones are resolvedo Garens secondeJ. DIS'JCSSION Johnson commented that he did not know how we could icprove on' the trail system. Tangen felt that SUper Value had done a lot of '\o.lOrk trying to meet '\-/ith tile local homeo\vners al1d that the plan \o,'as accepted by those people. Ee felt that '"e should not suspend the Frcposal but reconnnend approval bEcause the basic concept "ms good, but th::lt the Co::.:mission should e:>:press its feelings about the provisions. Eruell cOI!"::nen"i:.ec that he \-Totlld have mnde a: mtion of approval ,dth rrovisions if they had had enough time to tl!ink about the proj)osal. Dill spoke to info=mation being ~vailo.blc ~incc Februnry 27th and thnt nothinG l!e\'l haD becn ndc1ed. He pointed out tbat a cO:!lprehcnsi ve trail system is not presently available in Eden Prairie. Hr. Richard Putnam, l!u::;tad Devclop:nent Co:-poration, spol=e as :Oor-mer Oi ty Fl:-mner 1.'cr }-;den Prairie, COlf!1;.cntin 0 that t:l:cro h:1S b(;~n much ~ontllct by Super Vi.1J.~o ,,lith t.be .::;ity 3taff) nr,d office zonine across 1"ro:.1 a rcaional park ",'!"I s dC':;:'r- no) c. :sr.~. -59 : Ninutes -Farks, Recreation nnd l:atural itesources COI!'anission a. Super Value (Cont'd) approved - 6 -MOnday, April 3, 1978 Kruell felt that the problem may be because of recent Staff change-overs, and spoke to on-going list of projects and lack of ~eetings. ROLL CALL VOTE: The motion carried 4-3. R.Anderson -"o.ye ll 'l'angen -"nay" Kruell . -"aye" Johnson -"nay" Garens -"ayc tl D.Anderson -"na~ Fifield -tl aye " MOTION:· Garens moved to hold a special meeting to have Super Value indicate vmere the trail will go and to speak to ot~er points requested by Kruell. I·fation died for the lack of a second. NOTIOH: Tangen moved that \·le recoIll11!end to the Council that in any proposal by Super Value, dedication of lend for a trail easement along Co. Rd. 60 be included in the re-zon1ng agreewent. D. Anderson seconded, nntion carried with Kruell castin~ the dissentinFt vote. . ..... y.~. -bO LounCl 1M-I nutes - 5 - Tues.,April 4, 1978 O. Inc. Ron Bas Counc" would take action on the Environmental Assessment ksheet as thi as to go through the governmental agencies and i 's impor nt that it be started ass~on as possible. MOTION: .Pauly mov, onded by Osterholt, to adopt Resolution No. 78-55, appro ng the 'ronmental Assessment Worksheet for Pheasant Oaks y Burmith, Inc., contingent upon favorable action by the Par , Recreation & Natura esources Co~~ission at their meeting . be held Nonday, April 10, 78. r'10tion carried una·nimously. E. Super Valu Stores, Inc., request for PUO Amendment to Major Center Area PUO for a 140 acre site, and rezoning of 37 acres from Rural to Office for corporate headquarters to be located on south end of Bryant Lake . _. ; .. " '.' '.;. ..:: ; .. ! .. 1..:.,., ... " •. . CitYt"1anager Ulstad explained that the Super Valu proposal has been heard before the Planning Conmission and the Parks,. Recreation & Natural Resources COlmJission,and the proponents have' visited with' property owners in and. around th~ area. I:....... . ..... !~-t; .. ~,.;.:<.:... . .... . '". .~, ~: ~ (." '. Howard Loomis,'· Super Va1u~ introduced Bob Dill :-andGene Stormoen from Ellerbe & Associates. Mr. Dill showed graphic illustrations of the site and outiine~ the proposal. . ., City Pi anner Enger spoke to th'e recommendatiOl;for approval from the Planning'Commission and to Staff Reports.dated March 7 and March 23, 1978. Enger also referred to the comrmmir.;lt.ion from the Hennepin County Department of Transportation dated April 3, 1978.· Enger stated Super Valu is prepared to amend their rezoning to 35 acres so that the area remaining essentially would be unbuildable •. ' Ostel'holt raised a concet:'n about the balance of ' the property and if there are any suggestions being made as to what the. futul'e use might be. Mr. Dill replied there are no plans for the l~r.d and it was purchased so Super Valu could control their neighbors. Enger noted there is no request for zoning of the rest of the property. Director of COl11nunity Servi ces Lambert spoke to the concerns expl'essed by the Parks, Recreation & Natural Resources Commission at their April 3, 1978 Commission meeting, Le., trail al'ound Valley View or Bryant Lake Park, land dedication and encroachment on the pond. Dick Anderson, Chairman of the Parks, Recreation & Natural Resources Commission, explained the Co~nission has concernS about the trail system and accesses. Concerned about providing an access to the recreation area. When a developer comes in especially along a natural 'resources areal there has been a certain amount of dedication. In this proposal there has been no proposed dedication to the City, only that in cash park fee. We have set a certa-;r. precedent in this community, and this proposal would not go along \'lith this precedent. Osterholt explained the area s~own as open s~ace will be left undevelo~ed by the developer, and would servic& the community and residents . . . " , COlmc i 1 t~i nutes - 6 - Tues.,April 4, 1978 E. Super Valu Stores, Inc. (continued) ~illiam Garens, member of the Parks, Recreation & Natural Resources Commission, stated this is a good proposal for the site, ~ut his reservations are with ,the trail system. 95% of the people have a poor access to get to a major access to a major park. ' Bye explained it should be pointed out that the problem Eden P,·airie has had in acquiring and developing park1ands is traced to one similar thing -money. Approximately $40,000'w1l1 be contributed by Super Valu to be set aside as their contribution for cash park fee. , " , , , Jerry Carne's, 7036 Willow Creek Ro'ad, spoke in favor of the Super Va1u proposal"comp1imei1'ting Super Valu and Ellerbe for working with the people in the area and coming up with a proposal that is fai~,and equitab1e~ , .; ,: Don Sorensen',' 7121 Wi11m:/ Creek Road, e~'plai'ned he~'is p"~a~~d with the : .efforts' Super Valu has made, however, expressed concern about the modification of the Major Center Area Plan with this particular setting involved. Sorensen also ,suggested if a trailway easement is going to'be provided along , , Valley View some thought" should be given, to placing a fence on the inside froIT -: the' sigh.t 'standpoint' of that'trailway system.' -." . .... ", . l i :.;, .':.; .. "',: . Mr. Loomis explained Super Valu has" same concerns about the misuse of the propertYlbut hope~ it, would not be necessary to cons~ruct ~ fence. However', Super Val u wl1l take, whatever steps necessary to protect the , pl~operty ~. " '" '. ' .. Penze1 stated' the recommendation for a sc~ni~ easementh~s come up a ·number of times. Mr. loomis responded it is Super Va1u's understanding that through the zoning process they are just rezoning this particular site, and the City has a great deal of control, thr0l:lgh zoning and permits as to the remain'ing area. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-52, approving the Environmental Assessment Worksheet f~r Super Va1u. Motion carried unanimously . • Meyers requested that Resolution No. 78-51 be amended in the first line of the·second "WHEREAS" clause by adding "conceptua1 11 • MOTION: Osterholt moved, seconded by Pa~ly, to adopt Resolution No. 78-51 as amended, granting request for a PUD Amendment to the Major Center PUD for a 140 acre site for Super Valu. Motion carried unanimously. MOTION: Pauly moved, seconded by Osterholt, to approve the'lst Reading of Ordinance No. 78-14~ reioning of 35 acres, from Rural to Office for Super Valu's corporate headquarters. Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to direct the City Attorney to draft a developers agreement for the PUD Amendment incorporating land uses as shown for office space and open space only, removing the remaining land . use designations of housing and commercial from the Major Center Area or:igina' PUD. Further incorporating recommendations of the Hennepin County Department of Transportation for accesses as per communication dated April 3, 1978, restrictions of any docks or piers on the entire PUD parcel. open space to remain unaltered and in natural state, no clearing' along lakes other than --:sr.~. -0;(.. Council :1inutes - 7 -Tues.,April 4, 1978 Eo Super V~J u Stores, Inc. (conti nued) --:..;s dead vegetation, Super Valu to dedicate all of the land below the 854 contour as scenic easement, and Super Valu to dedicate trail easement along Valley View Road. Notion carried unanimously. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a reZoning agreement for the 35 acre office site for Super Valu, including r2commendations of the March 7 and March 23, 1978 Staff reports, allowing height variances and parking variances. Mot jon carried unanimously. Y.A. -b3 - APPROVED l·crUUTES E;)EN PRAIiUE F A,.'qK3, RECREATION Al'ID NATURAL RESOURCES CQ1.l}ITSSION 1·lC1IDlJ, APRn. 10, 1978 SPECIAI. lr£E.TIl!G l·!Ei·IBERS PRESENT: lffi·iBERS ~CUSED: 7: 30 FJ.!, CITY HALL Chairman Richard Anderson, Steve Fifield, William Garens, Robert Johnson and Robert Kruell David Anderson and George ~angen Bob LaInbert, Director of Community Services Dick Smith and Ron Bnstyr, Hc-Jorr.bs-Knutson Associates, Inc. ~hairman Anderson stated that this meeting Yas a carry-over meeting and the Agenda did not need approv31. III. m:'.D01'1-1;:EDATIOl~S p.r.]) REPeRTS ,Rennrts of Staff ).. Development Propo sals Director of COIlJLuni ty Services Lambert spoke to Council approval of the propo~al 3nd to agree~ent by Super Valu to dedication of the land beloy the 854 contour, restriction of any docks, trail eas~r.ent alone Valley Vie\~ Rd., and aeSeSSD!ent of the cash park fee. 'Gsrens questioned t.fhy Super Ve.lu'did not feel's scenic easement wus necess~r7 on the open space, and requested that the PR & NR Commission minutes note tbi~ concern. Andc-:!'son c>:"pl'ensfld ccncern fJ,bout h01.1sinr; being put in, yi th l~J:lbert respollc'ii:'l!; tha.t th3 CctJ.ncil t.!!.c1 reverted. the zv!!irJ.g bank to ru;:lll. ~ -.:ir.A. -0<-1 ------------------........ j j j j j j Planning Commission Hinutes v. PETITIONS AND REQUESTS none VI. OLD BUSINESS none VII. NEW BUSINESS none approved -8-Apr; 1 10, 1978 VIII. PLANNER'S REPORT { 1. Super Val u The Planner informed the Commission the Super Valu building location \.:as determined to be 40 feet fl~om the ordinary high water mark of Bryant Ldke. He stated the DNR has recommended approval of the site plan, and the City Council gave preliminary approval of the project on April 4th. f40ti on . "Levitt moved, Redpath seconded, to have the Planner cOi:1lllunicate to the City Council that at the fime the Planning Comnission reviewed and rec.om:m:mded approval of the Super Valu site plan, the project Vias assured to be not less than 75 feet from the high water mark, and the Planning Commission approval was based in pal't on that assurance. Motion carried 5:0:1 with Retterath abstaining. Y. A. -05' { APPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, JUNE 12, 1978 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: ROLL CALL: All Council members present. 7:00 PM, CITY HALL Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly City'Manager Roger Ulstad; City·Attorney Roger Pauly; Planner Chris Enger; . Director of Community Services Bob Lambert; and Joyce Provo, Recording Secretary I. 2nd Reading of Ordinance No. 78-14, rezoning 35 acres from Rural to Office for Super Valu Stores, Inc., corporate headquarters and developers agreement City Manager Ulstad explained after the Public Hearing for the Super Valu rezoning on April 4, 1978,· the Council directed Staff to draft a developers agreement. At the Public Hearing the Council considered the proposed site by Super Va1u of 140 acres. City staff drafted the developers agreement as per Council direction incorporating the recommendations of the Planning Commission, the Parks, Recreation & Natural Resources Commission and Staff, and then submitted the agreement.to Super Va1u. Super Valu, in reviewing it with the owner,didn't have any problems with the developers agreement pertaining to the 80 acres, but the arrl~cation to the total 140 acres was.not acceptable to the pr~sent owner of the balance of the property because it wasn't fully decided by Super Valu that they would be the ultimate owner. The Staff met with Super Valu to work out the details of the developers agreement as submitted. The developers agreement speaks to only the 80 acres rather than the 140 acres. Director of Community" Services Lambert distributed a map depicting what is proposed for open space. (Attached as part of the minutes) Ulstad further· spoke to the request from Super Va1u for a facility to obtain access to the lake for their people to walk to the lake for the purpose of having lunch,. possibly sunbathing or 'swimming -not to include any docking facilities. Ulstad explained this facility has been included in the developers agreement for Council consideration. Osterholt referred to the requirement in the developers agreement that boats will be prohibited from being launched or permitted to dock at the Super Valu facility, and asked if this met with agreement with Super Value Charles Dugan, Vice President -Legal & Insurance, Super Va1u, replied this would be satisfactory with Super Value . -. Hayner Larson, 7011 Willow Creek Road, spoke in opposition to the dock as proposed by Super Valu, and asked what pleasure a dock of this sort would give to the employees of Super Va1u that they could not have on the area of the ~roperty itself. John Morrissey, Vice President -Distribution, Super Va1u, explained the dock would be more enjoyable if it were on the water than on dry land. Council Minutes - 2 - Mon.,June 12, 1978 I. 2nd Reading of Ordinance No. 78-14 (continued) Osterholt questioned restricting the use of the dock facility to just working hours. Morrissey replied it is not beyond belief that maybe once a year Super Va1u may want to have a picnic one day for a few hours. and it seems unreasonable at this time to place a restriction of this type on this faci1 ity. Mr. Dugan also responded that on Saturday or Sunday people come to the office to work or may want to use the dock area for a picnic or lunch. . . Dr. George Tangen, member of the Parks, Recreation & Natural Resources Commission and a resident at 7032 Willow Creek Road, stated he did not realize this 1600 foot dock was in the proposal. until this evening and that it strikes him as a large facility. ' Tangen further explained the Parks, Recreation & Natural Resources Commission is considering the Shore1and Management Act at this time and will be making' recommendations pertaining to same. He stated a facility of 1600 square feet would not' fall within the recommendations that will be' presented to the Coun'cil . for construction on· lakeshore within the City of, Eden Prairie. It would not be acceptable in his personal opinion and it would not be acceptable to the neighborhood or people of Eden Prairie. The idea of having a small dock facility does not strike Dr.' Tangen as being as bad, but a 1600 square foot facility is alar structure to build on a 1ake~ Tangen reiterated the fac~ he was opposed to the dock facility as a resident, and when it returns to the Parks~ Recreation & Natural Resources Commission they would not look on it favor-ably. Don Sorensen, 7121 Willow Creek Road, spoke in opposition to the 1600 square foot dock and does not see the need for a docking facility' to address itself to sunning, picnicing or fishing. He finds it hard to believe with a public park and then this docking facility that it would be. possible to enforce people from coming down to the dock at any time. Mr. Sorensen sees this as an inviting facility that people are going to see and want to use. For the limited purpose that Super Valu will use the docking facility, it should and can be used on land itself. Negative to this situation because it can only be trouble in the future and cannot accomplish any meaningful purpose. Mr. Morrissey explained when Super. Valu met with a citizens group at Ellerbe it \'las asked if Super Valu would be agreeable to no docking, and Super Va1u agreed and questioned if the citizens would be opposed to a small dock. Mr. Morri!\se stated the citizens at that time could nO.t see an.vthinQ wr~ng with a small dock. Gail Roettger, 6881 Beach Road, commented that the area down by Super Va1u is not that large and it is used for a turn-around. If a large dock is extended out in the lake, it would be a real hazard. ," Mrs. Brill, 7041 Willow Creek Road, stated if a dock is constructed, what says peoplE cannot put a boat down and launch it and who is going to polfce the area. Further when Super Valu is not open do employees have the right to come and picnic? Mr. Dugan explained Super Valu would be willing to consider something less in size for the dock and will police and put a sign up indicating no trespassing. Super Val does not intend to go in with any boats. -sr. A.. -to 7 Council Minutes ,-3 -Mon.,June 12, 1978 I. 2nd Reading of Ordinance NO. 78-14 (continued) Mr. Bob Fransen, 6851 Beach Road, felt the site would be less attractive with a docking facil ity. ' , Osterholt commented there must be a valid reason for Super Va1uto want this facility and does not feel Super Valu would come in and be a nuisance to people living on the lake. Dr. Tangen suggested rather than having a specific reference to docking a,t this time, that any docking facility should be in accordance with the Shoreland Management Act when the docking facility is constructed. , Mr ... Jerry Carnes, 7036 Willow Creek Road, stated the lake can be enjoyed without a dock, and kids will just walk in if the area ~s going to be unsupervised. Mr. Jim McNeill, 7251 Willow Creek Road, stated that Bernardi, who owns the pro- perty at the present time, will not put up a fence to keep the people out and the police will not police it. The people using the area are stating they are Super' Val u employees and have permi s s i on to 'go in.. How is it goi ng to be pol iced after Super Valu comes in? ' Gail Roettger further questioned about winter'po1icing for cross country skiing and snowmobiles. I~eyers stated that during the Pub1 ic Bearing in April there was much concern about preservation and dedication to the City of the lagoon area and knoll area. Mr. Dugan r~plied Super Valu cannot touch the area without zoning. grading and the other necessary permits from the C"ity. Mr. Sorensen noted that in the Major Center Area report all the marsh, all the hills, and the ponds on this site would not be developed.' Now Super Valu wants the City of Eden Prairie to simply grant them straight zoning of an area which was t~ be prote~ted City Attorney Roger Pauly responded the knolls referred to are not included in the 35 acre parcel under consideration for rezoning. The zoning to those knolls will remain as is. In order for Super Valu to make any improvements, in that area they will have to come back for fur.ther zoning. Super Valu will be willing to abide wjth any laws that are applicable to the area in the 35 acres. Osterholt felt Super Valu has gone out of their way to get together with the citizens and meet the objections of the people ,that live on the lake. He further stated considering the proposals 'we have had and what might be proposed in the future, this is the best possible use of this site. ' Mr. Sorensen commented he doesn't object to the type of use; however, feels the best building site is ,at the base of "old baldy". Also in any other development a scenic easement is required and he doesn't see that in this situation. , . Mr. Pauly noted that the Shoreland Management Act speaks to a figure of 30% for use of land and improvements. Bye asked the residents if they were support; ve 'of the Super Val u proposal \'/i th the exception of the newly added docking facil ity. Mr'. Fransen repl ied in the affirmative. Bye further commented then Mr. Sorensen is speaking for himself and not the majority regarding the other problems he discussed. Y.~. -bg , , Council Minutes - 4 - Mon.,June 12, 1978 I. 2nd Reading of Ordinance No. 78-14 (Continued) Mr. John Wilkie, 7221 Willow Creek Road, explained he was part of a committee on.his street to meet with Super Valu and felt he had a clear understanding as to the specifics address'ed at that time. Now there. seems to be a clear misunderstanding. During their meetings and throughout the first .meeting with the Council, Mr. Wilkie understood how the property was going to be developed. Now tonight, Mr. Wilkie stated, we see a different propo.sa1 in the developers agreement. Mayor Penzel called for a brief recess for the purpose of Super Valu and . the residents on Bryant Lake to get together and di'scuss the issue of the dock. Meyers excused herself from the rest ~f the Council meeting. ". ".": .. 'The meeting reconvened and Mr. Morrissey announced the reside~ts and Super Valu were at an impasse as far as the doc~ was concerned. Blanche Johnso(l, 7261 ~1i110w Creek R~ad, explained sh.e did not feel' Super Valu would be a detriment to the lake with the docking facility, and the City shou·ld· be gratefu.l to Super. Val u for locating on Bryant Lake.. She further noted that the other possibilities have not been as good as Super Valu'~ proposal. MOnON: Osterholt moved, seconded by Bye, .to give a 1st Reading to Ordinance No. 78-32, the .. S.h.9reland Managemen~ Act by'reference, and to consider . recommendations of the Parks, Recreation & Natural Resources Commission by the 2nd Reading. Motion carried unanimousl.Y. Osterholt suggested an amendment in the developers agl~eement in Section 3 which refers to\\any docks or structure not to exeed l600~ should be amended to read ~not to exceed a total of 1,200 square feet and no more than 400 square feet, or less, of such structure shall extend beyond the shorel ine;' and that the configuration of the facility be worked out with Staff and Super Valu and then th.e matter be circulated to the residents 1 ;ving on the lake priol' to the meeting on June 20th. Council members agreed with this amendment .. NOTION: Osterholt moved, seconded by Bye, to approve the developers agreement as amended. Motion carried unanimously. MOTION: Bye moved, seconded by Osterholt, to adopt the 2nd Reading of . Ordinance No. 78-14'-rezoning 35 acres from Rural to Office for Super Valu Stores, Inc., corporate headquarters, contingent on the signing the . . _. developers agreement. Motion carried unanimously •. II. Definition of Section 2, Subdivision 2.7 of Ordinance No. 135, special requirements pertaining to design Council reviewed the communication from Ross Thorfinnson relating to Section 2, Subdivision 2.7 of Ordinance No. 135, and requested that this item.be again ~Jdressed during future Guide Plan meetings. III. Anderson Lakes Joint Master Plan The Council suggested that an invitation be extended to the Hennepin County Park Reserve District for a member of their staff to appear before the Council at a regularly scheduled Coullcil meeting to outline the details of the proposed ~1aster Plan. -sr: A.. -{'9 Minutes -Parks, Recrea.\ and Natural Resources Commission , £approved -) -j'JOnday, June 19, 1978 1. Suuer VaTu ?czoninP.' A$Teemcmt -Tangen 'l'angen spoke to his request And to past request by Krue11 to include this item on the Agenda. He gave a brief' history of' the proposal, and expressed strong opposition to the rezoning agreement regarding dock facilities, on which an amendment was proposed to be added on to at the special Council meeting which, in his opinion, wuld constitute a structure because of the amount of footage. He spoke to approvru. by the Planning Commission \lith the recommendation that no structures be constructed over the lake, and other official actions whiCh stated no docking facilities Would be allowed. He objected to lack of' notification of residents and interested parties that the item wuld be discussed at the special Council meeting. Richard Anderson noted that the Council was on record that they wuld noti- fy afrected parties when considering Purgatory ~reek or any other such re- sources. ' lImIONz The Park, Recreation and Natural Resources Conunission of the, City of' Eden Prairie recommends to the City Council of' Eden Prairie that in eond~ tion ) of the Planned Un! t Development and Development Agreemen't . with Super Valu Stores Inc. dated 6/8/78 there be no exception to allow construction of any facility, dock, or structure below the 854' topographic contour. The PR and NR Commission also requests that the Council inform the Commis~ion as to how a chsn~e in a deve10pcent agreement as found in con- 'dition 3 could be made when it is contrary to all previous reco~mendations by all Commissions and Council as is present in their approved minutes. Dave Anderson seconded.' DISCUSSICN: Richard Anderson expressed concern that the Council was not acting consistently, and that ~t causes difficUlty. He pointed out that in the Ge1co and Bachman-Andorson proposals, land \Olas. dedicated, but in this proposal the City is not getting trails or dedication ,Clnd the residents are being infringed upon. Lambert spoke to the Council t s viewpoint that l1l8JlY' o~ the items listed on the rezoning agreement were covered elsewhere, and added that the Shoreline l·!a.nagement Ordinance was placed on the agenda in order to reassure the residents. . , , .J: Dave Anderson cPIlDltented that everyone has a different idea of :\o1bat is reasonable, but he felt that the concerns expressed by this Co~~ssion ~rould reasonable to most citizens. ' VOTE: l-~tion carried unanimously. , Kruell pointed out that when issues are reviewed, information is reflected in the minutes, but this new a~eement \olaS not mde known. ~DTION: Kruel1 moved that this Commission observes that the point on dock building structure is a new part of the June Stl:l action ond that it should be postponed until further proper review and discussion is held. Ricl~rd Anderson seconded. DISCUSSION( Tsngen cOD1l!lented that the action hos been taken, nnd does not feel tl:e ~ouncil ,,,il1 recognize this request at this time of revie\line and discu~~ing bccnusc of the time limitations on the proposal. I T>'T'ION • Y. ~. -70 '~V. \oIQS \11 thdrs'Wn, as 'W~s second. Council Minutes - 6 - Tues.,June 20, 1978 B. Report of City Manager 1. Ratification of Super Valli Stores, Inc., developers agreement for a corporate headquarters Ci ty ~1anager Ul s tad revi c\oJed the background on Super Val u IS developers agreement: On l'1ay 4th the Ci ty sent a prel iminary draft of ,the developers agreement to Super Val u for thei r approval. Super Va ll.l cqunt.ered \oJi th a proposal outlining the points that they felt were reasonable, based on the guidelines and ordinances of the City. As a result of the counter proposal, Mr. Ulstad requested of the legal counsel of Super Valu to explain by . conlllunication their reasons. to substantiate their requested changes in the dr'aft of the developers agreement, outlined in such cOIIIDlunicat;on dated Hay 3 from Mike Brewer, legal.counsel for Super Valu. As a result of that --st. A.. -71 ..Incil Minutes - 7 - 1. Ratification of Su er Valu Stores, Inc., a corporate headquarters continued Tues.,June 20, 1978 communication, Mr. Ulstad then redrafted the agreement and submitted it to Super Valu for their review based on what he felt was reasonable for thei r cons i derati.on. Based on the redraft of the agreement) Super Valu still had some items of concern based on rules, regulations and ordinances of the City. Mr. Ulstad met with Super Valu on ·\.lune 7th and reviewed those points that they were still concerned about. At that point Super Valu asked that in the developers agreement there be a point adopted as to a deck to extend down to the lake for the purpose of their employees to enjoy the lake. On June 7th, this item \'1as on the agenda and Mr. Ulstad explained he was not prepared to outline all changes in the agreement and asked for a continuation. A special meeting was then set by the Co~n~il for June 12th. On June 12th the Council did review the redrafted agreement, and there was discussion relative to the deck and the size. Mr. Ulstad proceeded, through the City's legal counsel, to change item 3 in the agreement to address a deck which extends out in the lake ap~roximately 9 feet. Osterholt questioned where the deck would be located. Mr. Morrissey respohded perpendicular to the cafetoria. Joel Harding, 7060 Willow Creek Road, read a Statement of Position signed by residents of The Cove and Willow Creek areas. (Attached as part of minutes) Dr. Tangen, member of the Parks, Recreation & Natural Resources Commission, zpokp. on behalf of the Commi~si0~ regarding their meeting held June 19th, as outlined in memo dated June 20th by Director of Community Services Lambert. Tangen reiterated it has always been the Commission's position that the shorel ine of Bryant Lake be left inan una1 tered state •. Mike Brewer, legal counsel for Super Va1u, noted that condition 3 and 10 in the letter of May 30th are part and parcel of the agreement, and it may appear there is an inconsistency if taken out of context. Phil Parsons, 6861 Beach Road, Gail Roettger, 6881 Beach Road, Elaine Sorensen, 7121 Willow Creek Road, Steven Hemping, 6641 Beach Road, Hayner Larson, 7011 Willow Creek Road, Mary Brill, 7041 Willow Creek Road, Hrs. vJilkie, 7221 WillO\'I Creek Road, Don Sorensen, 7121 Willow Creek Road, Bruce Brill, 7041 Willow Creek Road, Bob Fransen, 6851 Beach Road, Martin Hellman, 6921 Beach Road, Helen Bergren, Amsden Hills in The Preserve, Mr. & Mrs. Jim Perkins, 7012 Willow Creek Road, and Jim McNeill, 7251 Willow Creek Road, expressed concerns regarding the Super Va1u rezoning, i.e., if 550 people of Super Valli have a party it may become out of control, Super· Valu could monopolize the lake summer and \'Iinter, will set a precedent for future development, residents were not notified of June 12th Council meeting, petition submitted does include othef points besides the dock facilit.Y and reouested ,'ecotlsideration be taken on position already taken by the Council, an exact diagram should be provided as to the size of the deck and configuration of same by Super Valu, residents of The Cove and Willovl Creek areas are vehemently opposed to any kind of dock on the premises of Super Val U, Super Val u shoul d occupy the 1 and the way it was made kno\'In to the residents in the first place, Super Valu is attempting to m(\ke the area un employees pa'~k \-Ihich is a (~etr;ment to the area,) does not feel Super Valu has to use the lake to enjoy it, Super Valu Ilas destroyed their Council Minutes - 8 - Tues.~June ~O, 1978 1. Ratification of Super Valu Stores, Inc., developers agreement (continued) credibility with the residents as they have changed 15 out of the 20 items of the agreement with them, . City should protect the marshes on both ends of the property, the pond in the middle and two hills and land adjacent thereof, would like to believe Super Valu could adequately maintain and police this area, but thinks it is an impossibility, an indepth study of the effect of the changes in the developers 'agreement should be provided, afraid if Super Valu is allowed to put in a dock, that if other office complexes build Oil the available 100 acres they might also want a dock, size of the dock, Bryant Lake is a natural resource for birds and wildlife and questioned if the dock would have an affect on them, can fish from shore just as easily as from a dock, Super Valu will cause a significant nuisance with or without a dock if employees are.allowed to come on weekends and have picnics, SuperValuemployees are using the property now and they have stated they have pennission from Super Valu and they have launched boats and canoes, and if it is a place of business why does Super Valu have to have a dock. Ulstad explained the same procedure is followed on any 2nd Reading of an ordinance whereby notices are not sent out. The meeting of June 12th \'1as set at an open meeting on June 7th. Bye commented that Eden Prairie needs a solid tax base. ~le have some fine industrial concerns that are contributing. This should be one of our finest moments to gain an industrial office user whey they lease their warehouse in Hopkins and put one gigantic faci,lity out here in Eden Prairie. Some of. these 500 people may buy homes out here and increase our ability to provide the ~er-vices \<le have now., If you get into an economical que$t inn ., the industrial office concern takes out of the City significantly less than what they put back in. In this particular case the question is should the dock be allowed or should it be taken away? Bye further stated at what point .does SuperValu walk away. John Morrissey, Vice President -Distribution, Super Valu, explained they do not intend to be an employee' picnic area. 00 not intend people should picnic during off hours and would not make it attractive for them to do so. Basic intent is to keep it as an attractive place of business. Charles Dugan, Vice President -Legal & Insurance, Super Valu, stated they would reasonably police it. Bye asked Mr. Morrissey: 1) Now that you have listened to the discussion have you and your group representing Super Valu any adjustments that you could propose to the over water 'dock as far as square footage is concerned, and 2) if you were granted a certain square footage what, if any, citizen involvement would Super Valu be willing to work with. Dr. Tangen requested that the Parks, Recreation & Natural Resources Commission be made part of the involvement. A brief recess was called for Super Valu to respond to questions raised by Councilman Bye. ~1eeting reconvened and Mr. l~orrissey stated Super Valu would be receptive to a docking facility consisting of the following: 6 feet over the \\'ater, 40 feet in width, for a total of 240 square feet , and 560 square feet on land, for a total of 800 feet. 1·lr. ~1orrissey cOlmlEmted that Super Valli \'t'ould be \'Iil1 in to consult with the residents of [lryant Luke, but feel Super Valu has to have the 7, A.. -73 .Jilcil Mi nutes - 9 - Tues.,June 20, 1978 1. Ratification of Super Valu Stores, Inc., developers agreement (continued) final approval. Reluctant to work with the Parks, Recreation & Natural Resources Commission. . Bill Bearman, member of the Planning Commission, stated this ~ee~s to be a new twist not requiring people to come back with a future slte plan. Penzel responded it was felt the floodplain management.pla~ was of an adequate nature to require the proponents to come back to the C1ty 1n any case. Dr. Tangen felt this is not an issue that just concerns the citizens of . Bryant Lake, it concerns entire citizens of Eden Prairie. The Parks, Recreatlon- & Natural Resources Commission is charged with the responsibility of natural resources and they should be a part of any further discussion. Pauly requested of the audience if there were any other items which should be included in the PUD developers agreement as amended. There were no f~rther requests. MOTION: Osterhol t moved, seconded by Bye, to rati fy the PUD developers agreement with changes dated 6/20/78, including the amendment concerning the dock facilities,using square footage figures of 6 teet over the water, 40 feet in width, for a total of 240 square feet, and 560 square feet on land, for a total of 800 square feet. Further that the proposal for the structure be submitted for review by the Parks, Recreation and Natural Resources Commission and the City Council, and that it be made accessible to the residents in the immediate area. Super Valu shall provide such security with respect to Parcel BB as ~"~11 be reasonably necessary tu prevent the U5>e of Parcel 66 !)y its employees and invitees or trespassers thereon in such a manner as to create a public nuisance to the residents in the area, and if security is not sufficient, that this be brought to the attention of the City Council. Motion carried unanimously. C. Report of City Attorney No report. D. Report of Planninq Director 1. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-109, requesting Hennepin County to apply for Minnesota Housing Finance Agency Home Improvement Grant Funds for implementation within the City of Eden Prairie. Motion carried unanimously. 10TION: Osterholt moved, seconded by Pauly, to continue the CounCil meeting past the icheduled adjournment time of 11:30 PM. Motion carried unanimously. E. Report of Director of Community Services J. Joint Master Plan for Anderson Lakes (co~tinued from June 7, 1978) ~10TION: Bye moved, seconded by Osterholt, to continup. this item to the ~luly 18, 1978 Council meeting \'Ihen a representat-ive of the Hennepin County Park Reserve District will be available. t-1otion carried unanimously. y. ~ ... 7'1 Council Minutes -10 -Tues.,June 20, 1978 E. Report of Director of Conmunity Services (continued) 2. Eden Prairie Stables Lease (continued from June 7, 1978) Director of Community Services Lambe1 4t requested that letters from Wayne Kinion, Quentin Robley, Bill Anderson and R. T. Mulcrone be entered into the record. (Attached as pal·t of minutes) Lambert spoke to his memo dated June 16 and ans\'iered ques ti onsof Counci 1 members. Glen Lorenz, lessee of the Eden Prairie Stables, agreed with th~ fact they.wi1l have to wait for the Metropolitan Council to act on something as far as funds are concerned and \'lOuld be willing to wait for construction and the new development. However, Mr. Loren.z requested the City do some minor improvements to the site for the benefit of maintaining the property in its present state. HOTION: Bye moved, seconded by Osterholt, to approve a 3 years lease for Eden Prairie Stables at $428.00 as of 6/1/78, and an increase of 7% for the following blo years, with the provision that if a major facility is being considered that it be brought back before the Council~ . Further, that the Council direct the City Staff to clean up the area and do minor improvements. Motion.carried unanimously. 3. Northwestern Bell request Director of Comnunity Services Lambert spoke to his memo dated June 16, 1978 regarding the Parks, Recreation & Natural Resources Commission's action of June 5, 1978. Mr. George Soash, Northwestern Bell, appeared before the Council speaking to their request. MOTION: Osterhol t moved, seconded by Bye, to appl"ove the recommendation of the Parks, Rec14eation & Natural Resources Commission of June 5, 1978, as outlined in memo from Director of Community Services Lambe14t dated June 16, 1978. "1otion carried unanimously. F. Report of City Engineer 1. Consider bids for utilit Park 2nd Addition, I. C. Industrial r~OTION: Osterholt move.d, seconded by Bye, to award the bid for utility and street improvements in Norseman Industrial Park 2nd Addition, I. C. 51-319, to the lowest responsible bidder, Northdale Construction Company, in the amount of $244,193.50. Roll Call Vote: Osterholt, Bye, Pauly and Penze1 voted "aye". Motion carried unanimously. 2. Receive 100~: petition and order advertisement for the CrosstO\"n Industrial Park, I.C. 51-329 (Resolution No. 78-114) MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-114, ordering improvements and preparation of plans and specifications for public illlptovements in the Cl40sstm'ln Industrial Park 1st and 2nd Addition,!. C. 51-329. "lotion cart4ied unanimously. Wed.,Ju1y 5, 1978 Council Minutes ..... - --.. --- ~ - 9 - ---.----- B. Report of City Manager 1. Amendment to Super Va1u's PUD Resolution No. 78-51 MOTION: Bye moved, seconded by Pauly, to amend Resolution No. 78-51 by striking "140 acres" and inserting in lieu thereof "80 acres". ~1otion carried unanimously. • " 6/22/78 PLANNED u~IT DEVELOPMENT A.~D DEVELOPHENT AGREEHENT SU-":lr Value 01 .ce THIS AGREEl4ENT, made and entered into,in triplic~te this ;'Xf'h day of J:ne......--,1978 by and between SUPER VALU STORES, INC., a Delaware corporation, hereinafter referred to as "OWner", and the CITY OF EDEN PRAIRIE, a municipal cOFPoration, hereinafter referred to as 11 Ci ty • " WITNESSETH: WHEREAS, OWner has applied to City for Planned Unit Develop- ment approval on a 80 acre site described as Parcel BB in Exhibit A, attached hereto and made a part hereof; ~d rezoning from Rural to Office ~vr a 35 acre site within said'Planned Unit Development, more fully described in Exhibit B, attached hereto and made a part hereof and referred to as "the property," and WHEREAS, Owner desires to develop said property as an office , bui14ing with adjoining parking facilities thereon, NOW THEREFORE, this Agreement witnesseth that f?r andin ,con- sideration of the Mayor and City Co~~cil of Eden Prairie adopting Resolution 78-51 approving the Planned Unit Development and adopt- ing Ordinance 78-14 changing the zoning from Rural to Office for , , the property, OWner shall construct upon and develop said'property and covenants and agrees as follows: 1. OWner shall COrl:5truct upon and develop the property in accordance \.;ith the site plan dated June 9, ~978 made a part hereof and entitled Exhibit C together wi th modifications required by the Nine Nile ~\'atershed District, Department of Natural Resources, and Hennepin County Highway De?art~ent. Erosion and sedi~entation control plans shall be approved by the Nine Hile ~'Iatershed District before grading -r.~ ... 77 hpa;n~_ Agreement -Super Valu Page 2 6/22/78 2. No clearing or removal of vegetation other than dead or diseased vegetation shall be done within that part of Parcel BB lying below topographic contour line 854 as depicted as cross-hatched area shown on Exhibit "C." 3. There shall be no mooring, launching, or maintaining of boats in or on Bryant's Long Lake from or by access through Parcel BB. Owner may not construct or maintain a dock, building, or other structure: Ca) on, in, or over Bryant's Long Lake, or Cb) on any part of Parcel BB lying below the 854 topographic contour as depicted as ·the cross-hatched area as shown on Exhibit C, except, Owner may construct and maintain one (1·) facility for use of Owner's employees for purposes of: fishing, swimming, sunbathing, or picnicking between the hours of sunrise and sunset, provided that any su~h observa- tion deck or structure extending in, on, or' over Bryant's Long Lake shall·not exceed a total of 800 square feet, and further provided that any portion of such structure shall not extend more than. 6 feet over the water and be no more than 40 feet wide to provide a ~otal square footage area over Bryant's Long Lake .of no more than 240 square feet and shall not be at an elevation exceeding 855 feet above sea level, provided however railings or other such restraints may extend beyond the 85.5 elevation, but shall not extend above the 860 elevation provided, however, prior to construction of the facility, ~qner shall submit a proposed design for the facility to the City Park and Recreation Commission, the City Council and to the residents or representatives of.the.residents occupying lands adjoining Bryant's. Long Lake and those areas commonly known as the Cove ·and Willow Creek for their respective ~eyiews and recommendations. 4. Additional buildings ~d parking facilities not now pro- posed beyond first phase construction shall be in con- formance with a~l applicable city, governmental regula- tions and laws, and lotinn. Reg. NR 82 and NR 83 (1976). 5. Parking Ordinance 141 requires 825' parking spaces. 'The Ci ty grants O\vner a varianc? from Ordinance 135 to permit construction of 550 parking spaces in connection with the construction of the first phase only. 6. Zoning Ordinance 135 limits office buildings to 30 feet in height. The City grants Owner approval of. variance , from this restriction, but not to exceed 47 feet in height, for the first phase construct~on •. Agreement -Super Valu Page 3 6/22/78 7. A cash park fee of $1,200/acre for the 35.71 acres requested for reioning shall be paid by ,~wner to City concurrent with issuance of building permit. 8. Construction of the property shall commence within two (2) years from the date of this agreement. If OWner fails to proceed in accordance with this, agree- ment within 24 months of the date hereof, this agree- ment shall terminate upon such date with neither party hereto having any further obligations or rights here-' under. In the event of such termination, both parties hereto agree to execute whatever documents are deemed necessary by either party to restore the Rural zoning status of the property. 9. The provisions of this agreement shall be binding upon and enforceable against OWner, its successors, and assigns of the Parcel BB herein describ'ed.· 10. Any alteration, modification, variance, \..raiver, or amendment of this agreement or any provisions thereof shall be in \olri ting and signed by both parties hereto, it being understood and agreed that the City Coun~il of Eden Prairie shall have full authority to enter into any such alteration, modification, variance, waiver, or amendment on behalf of the City of Eden 'Prairie, but only after having he~d a public hearing thereon. 11. Owner shall provide such security with respect to Parcel BE as shall be reasonably necessary to prevent the, use of Parcel BB by its employees and invitees or trespassers ~~ereon in such a manner as to create a public nuisance. Agreement-Super Valu Page 4 6/22/78 THE "PARTIES HERETO have caused these presents to be executed the day and year first above written. CITY OF EDEN PRAIRIE, a municipal corporatiqn f the State of Minnesota By "". '~~ £' Q~-f: WO gang' ensel " Its: Mayor Its: Manager SUPER VALU STORES, INC., a Delaware corporation "'" ", or r O:iITIOlj~ THE CITY OF ED2N PP.,.'\IRI3 and ~UPEH VALU STORSS, H1CORPORI\Tm- The undersigned, residents of The Cove and '\'iillm\" Creek areas, desire to apprise the City of Eden Prairie and 3uper Valuof their considered opinion re- eardin£ the proposed Super Valu Home Office develop~ent on property abuttinc Bryant's Long Lake. 1. That considering the alternate development possibilities of the site, we support the concept of a high quality office use of the property in question to the extent that such use is sensitive to the terrain and ecology of the site, consistent ~dth preserving as much of the existing natural amenities as is rea- sonably possible, and compatible ~ath other pre-existine uses of properties ad- joining the la.1{e. 2. That several months ago, He, in good faith, designated a committee of our residents to meet \dth Super Valu, express the areas of our concern, and attempt to arrive at a mutually aereeable concept and proposal. Thereafter, a meeting of the residents, officers of Super Valu, and representatives.of Super Valu's architects ':,'as held to acquaint the residents ~dth the details of the pro- posal, t~ereat additional concerns of the residents were discussed and certain representations and agreements vle-re made by Super Value 3. That a majority, although not all, of the residents approved the pro- posal as it was orieinally presented to the City's Plannine Commission and Counci1 1 as vie believed the h:enty (20) provisions attached to the proposal by the Council and the representations of Super Valu \-lould ~erve to acknotdedge and pro- vide 0 mc:.m8 of control r8C~lrdinc: our concern::. 4. That almost all of the unc.ersi[ned are not knOt'lledEeable in land use plannine and zoning procedures nor trcdned in the lat'l and "'le, therefore, trusted in the integrity of Super Valu arld in our elected officials to effectuate t':hat "Ie understood to be our agreement, but ~'le nO .... l realize that He did not receive a full disclosure of proposal's details and its effects. 5. That "le received no notice, either formally or informally, of the special meeting of the City Council held on Honday, June 12, 1978, but rather learned of the same by chance. That at that meeting a substantially different proposal .... ~s presented. l;.;e, further, did not learn of the full impact of the changes until after this special council meeting. 6. That now that we have had an opportunity to become informed of the de- tails of the revised proposal, we are deeply disappointed and dismayed by the actions of Super Valu, \·:hich we believe to be directly contrar',{ to its previous representations to us. Also, "Ie are shocked that our City Council "lould even con- sider, much less adopt, this plan 1'1ithout affording us adequate notice of and time to evaluate this revised plan, vrhich apparently is contrary to the advice and recommendations of not only the City's staff but its advisoI'1J commissions as \'lell. 7. That 1'Te stronely urge both our City Council and Super Valu to reconsider their actions and to ndopt an ae;reement \·Jhich is ~ least as responsiVe to our concerns as the Re-zoning Agreement -proposed by the City of :~en Prairie on !4ay 4, 1978. 8. That apart from other considerations, vIe are vehemently opposed to the granting by the City of any permission to Super Valu for any dock facilities or other structures beloN the 854 foot elevation on the • :--.. .(- \ . ~ ~~m~'- J 71 r; I tu / Ik kt , c:i~ /J.d (/ J/ t: / (c': / h'_c,/ (~;'t'/(',:(:I 72>tl / /./ pre: .. " ) . f.<.-. ted I 7 -2 ti,l /tl.l!~"-u) ~/(,. (£ "i /j,-I . _/ -) .J;-;.Ll /lj0~.< .. ) (/.;~, ,. ,A~. xi( 276/ «u~.(kJ &tA£i) 7;;< b/ ~I'&~{I ~L/0 L~ 1/10 Jt/£~.>-> ttehfl d > 7/ 90 tI. dl/:t~{.) (.{~.'.4 ,Q-uL J 3 ,:',? ~kr e117 g~ il I /~ · ... I • --,-.- f ~ /1 ...... "f I ...-~' .~ .... ' '-."; , •...... I -) -,r/!' ";' i 'J ./ -I. . J /7 ". I I I 1 , t. .''-'' II /( l '(/ I ' I! Il f.. <.. 1 . /1 '-.. " -J/" IL!(.~ ~!, i ' ,i'. '//r_ ,....-. ... ," \ ... (/L: /. ',. Il '~r.\.\) · <r I ~.:.' ! (~ --..••.• -... _'0' ", .' J I "'\'. ./. f( j/4 ( ! .'. / J. -) c---t.t' -1t.-<.!.L..-;1~ j I • . --, /" rY~ ;.. . .- .j (/t I. /) (/ / L '/h·~ f)/ -!-/ (. ~ / .(/,,:, ... (/ ?dtl ~ ./ j././( /'/") // .. -sr. ~. -cg7 2 () go( ,,;, () " .....-:-._. I ( /'·'''/~''.- j • 7 i./ . I' , . I , , ," •• I .~ . /l,,; 1, ......... 7/ I., , , ... EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-6-94 SECTION: PUBLIC HEARINGS ITEM NO. Y. B. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger PIONEER RIDGE 2nd ADDITION Michael D. Franzen Requested Council Action: The City Council should continue discussion of this item until the December 20, 1994 meeting. BACKGROUND: The Public Hearing for the Planning Commission was scheduled for October 10, 1994. Notices of the Public Hearing were sent out to residents in the surrounding area and notice of the Public Hearing was published in the Eden Prairie News. At the October 10th Planning Commission meeting, the Developer requested a 30-day continuance until the November 14, 1994 meeting. Additional time was needed to work with Hennepin County on right-of-way plans affecting the subdivision along Pioneer Trail. Two residents attended the October 10, 1994 meeting. At the November 14, 1994 Planning Commission meeting, the Developer requested a two-week continuance until the November 28, 1994 meeting. One resident attended the November 14th meeting. Since the right-of-way issues on Pioneer Trail were expected to be resolved by the November 28th Planning Commission meeting, City staff scheduled the Pioneer Ridge 2nd Addition for a December 6th City Council meeting. After publishing the notice of the Public Hearing in the Eden Prairie News, the Developer requested a continuance to the December 12 Planning Commission meeting. Notices of the Public Hearing for the December 6th meeting were not mailed out to residents because of the recommended continuance to December 20th. City staff will mail out notices of the Public Hearing for the December 20, 1994 City Council meeting. Supporting Reports: 1. Letter from R. H. Development, Inc. 7. B, -\ R. H. DEVELOPMENT, INC. 7600 Parklawn Ave., Suite 223 Edina, MN 55435 Phone (612) 831-0490 ~ November 18, 1994- Mr. Michael Franzen ._- ------CiiY 'of Eden' Prairie·'- ,_ 8080 Mitchell Road .'-__ EdenP.Jairie, M N55344 FAX (612) 831-0397 Re; ·Pioneer Ridge 2nd Addition, Eden Prairie --'-~Dear Mr. Franzen:-~ At this time R.J:LDevelopment, Inc. is requesting a two week continuance on -the flbove captioned proposed development. scheduled for the November 28th ,Planning Commission meeting. We would like to-resolve the issues of County Road 1, and County Road 4, with the City of Eden Prairie and the County before said meeting . .. - Thank you for your time and consideration per this request. -' Sincere.ly, _ " . R.H. D~ELOPMENT, INCr ~94~ JOhnJ.Hel~ Vice President Jr.B.·;G CITY COUNCIL AGENDA DATE: 12-6-94 SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Community Development Commercial Outdoor Chris Enger Sales, Proposed Ordinance T.c Steve Durham Amendment REQUESTED COUNCIL ACTION: Adopt amended code for outdoor display area in the commercial zoning district with a one year review clause. BACKGROUND: The Council at their June 21, 1994 meeting selected a code amendment draft and directed the item to the Planning Commission for review. The Planning Commission at it's October 10, 1994 meeting recommended no change to the City Code regarding outdoor display areas in the Commercial Zoning District. The Council at their November 8, 1994 meeting expressed concern about the current outdoor display code. The Council indicated the current code lacks specifics which allows for inconsistency in it application. Staff was directed to schedule a public hearing to formalize a code amendment which will more clearly state code requirements associated with outdoor display areas. It was also understood the code would be reviewed one year after enactment. SUPPORTING INFORMATION: Revised Outdoor display area ordinance dated November 30, 1994. Ordinance to amend Sign code dated 11-30-94. Memorandum dated November 30, outlining amendment to the new code. -sr. C-. -I MEMORANDUM TO: City Council FROM: Steve Durham, Community Development DATE: November 30, 1994 SUBJECT: Outdoor display sales code amendment The Council directed staff to prepare the outdoor display ordinance amendment for a public hearing. Below is an outline of the additions/amendments made to the current code. CURRENT CODE AMENDED CODE Current code permits outside display area The amended code now divides the outdoor of 10 % of the building square feet. display area into two categories: Temporary outdoor display area of 2 % of the floor area of the building. (Example - Target outside plant huts, Driskell's tent sales.) Permanent outdoor display area of 6% of the floor area of the building. A site with permanent and temporary outdoor display area may not exceed 7 % of the floor area of the building. No outdoor display in designated parking Outdoor display in the parking lot is lot. permitted for temporary outdoor display. The area is not to exceed one-half of one percent of the required parking. The area is not permitted in drive isle. Code does not permit signs. One temporary sign of not more than 32 square feet is permitted. V.<2-."z.., CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03, SUBD. 2, J. ENTITLED "OUTSIDE STORAGE AND DISPLA Y"; 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. City Code Section 11.03, Subd 3., J. 2. is amended to read as follows: "2. In all Commercial Districts, all materials, supplies, merchandise or other similar matter shall be stored within a completely enclosed building, except merchandise or equipment offered for sale, rental or lease displayed in accordance with the following limitations: a. Temporary outdoor display area. Merchandise or equipment may be displayed and offered for sale, rental or lease outside the confines of a completely enclosed building ("temporary outdoor display area") for a combined time period of 60 days or less of a calendar year provided the temporary outdoor display area: (1) Is screened from public roads and adjacent land uses. (2) Does not encompass an area greater than two percent (2 %) of the base area of an enclosed building located on the lot on which the temporary outdoor display area is situated. (3) Does not obstruct pedestrian use of a private sidewalk at least wide. (4) Is not located within the required front, rear or side yard setback of the lot on which it is located. (5) Is not located in the required parking except: a. Not more than one-half of one percent (. (05) of the required parking stalls may be utilized for the temporary outdoor display area. b. No drive isle is utilized for the temporary outdoor display area. -r£.f2--3 Outdoor Display Ordinance Page 2 (6) Is not located on public sidewalks or streets. (7) Is not located on a vacant lot. b. Permanent outdoor display area. Merchandise or equipment may be displayed and offered for sale, rental or lease within, but outside the confines of that part of the completely enclosed building, of which it is a part ("permanent outdoor display area") for a combined time period of 60 days or greater of a calendar year provided: (1) The building of which the permanent outdoor display area is a part does not exceed the base area ratio or floor area ratio permitted in the Commercial District. (2) Material or equipment must be screened from public roads and adjacent land uses with a wall of the building. (3) The permanent outdoor display area may not encompass an area greater than six percent (6%) of the base area of the completely enclosed building. c. A temporary outdoor display area and permanent outdoor display area may not encompass an area greater than seven percent (7 %) of the base area of the completely enclosed building. Section 2. 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 3. 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 day of , 1994, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ________ , 1994. City Clerk Mayor PUBLISHED in the Eden Prairie News on the __ day of _______ _ 1994. Y.C2.. -~ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70, SUBDIVISION 3 ENTITLED "GENERAL PROVISIONS APPLICABLE TO ALL DISTRICTS" AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.70, Subd 3, is amended by adding subparagraph HR. to read as follows. HH. Temporary Outdoor Display area sign. Where temporary outdoor display areas are permitted one sign not to exceed 32 square feet in area and 6 feet in height may be located on the same site as the outdoor display area and is limited in time to less than 60 days. The sign may not appear before the commencement of the outdoor display area and must be removed concurrently with the outdoor display area. Section 2. 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 3. 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 __ day of , 1994, and fmally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of _______ , 1994. -sl.e.. -S DATE: 12/06/94 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: y, D SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Engineering Division V AC 94-15 -Vacation of right-of-way for part of West 70th Street David Olson Recommended Action: Staff recommends that the City Council take the following action: Contin~ed from November 15, 1994 City Council meeting. Recommend continuation of this item to the December 20, 1994 Council meeting. Negotiations with the adjacent land owner have not been agreed upon. Overview: Supporting Information: Vacation Drawings Item No. V O. / VAC 94-15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY FOR PART OF WEST 70TH STREET IN CITY WEST BUSINESS CENTER WHEREAS, the City of Eden Prairie has certain right-of-way described as follows: That part of West 70th Street as dedicated on the recorded plat of Lee Data flIed in the Office of the Registrar of Titles, Hennepin County, Minnesota, which lies easterly of the easterly right-of-way line of U.S. Highway No. 212 and lying westerly of a line frawn southerly at a right angle to the northerly line of said plat from a point on said northerly line distant 160.00 feet westerly from the northeast corner of said plat. WHEREAS, a public hearing was held on November 15, 1994 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED It)' the Eden Prairie City Council on December 6, 1994 Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. /I .• 0, Z DATE: 12/06/94 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing ITEM NO: V. ,& DEPARTMENT: ITEM DESCRIPI'ION: VAC 94-16 Engineering Division Vacation of part of Old Shady Oak Road located in Section 2 David Olson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating part of Old Shady Oak Road (previously known as Shady Oak Road) located in Section 2. Overview: Right-of-way acquisition for the connection of City West Parkway and Old Shady Oak Road has now been completed eliminating the need for the City to retain the right-of-way for Old Shady Oak Road located north of the newly acquired right-of-way for the connection. Supporting Infonnation: Vacation drawings. Item No. V, E. I VAC 94-16 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY FOR PART OF OLD SHADY OAK ROAD LOCATED IN SECTION 2 WHEREAS, the City of Eden Prairie has certain right-of-way described as follows: SEE EXHIBIT A WHEREAS, a public hearing was held on December 6, 1994 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way is not necessary and has no interest to the public, therefore, should be vacated; and WHEREAS, public and private utilities have been installed and are presently operated and maintained within the right-of-way, an easement allowing governmental and utility company personnel and equipment to enter upon the vacated right-of-way to maintain or construct additional facilities needs to be retained. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described is hereby vacated, subject to a permanent drainage and utility easement being retained over the entire parcel. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on December 6, 1994 Douglas B. Tenpas, Mayor ATI'EST: SEAL John D. Frane, City Clerk Item No. JI • .[, Z VAC 94-16 VACATION OF RIGHT-OF-WAY FOR PART OF OLD SHADY OAK ROAD LOCATED IN SECTION 2 EXHmIT A That part of Shady Oak Road (presently known as Old Shady Oak Road) located within the following described property: That part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at the Northwest comer of said Northeast Quarter of the Northeast Quarter, thence South to the Southwest comer thereof, thence East a distance of 456.08 feet along the South line thereof, thence North a distance of 50 feet parallel with the West line thereof, thence East parallel with the South line thereof to the centerline of Shady Oak Road, thence South along said centerline to the South line of said Northeast Quarter of the Northeast Quarter, thence East along said South line to a point 425.75 feet West from the Southeast comer of said Northeast Quarter of the Northeast Quarter, thence North parallel with the East line thereof to the North line of the South 657.6 feet of said Northeast Quarter of the Northeast Quarter, thence West along said North line to the East line of the West 406.5 feet of said Northeast Quarter of the Northeast Quarter, thence North along said East line to the North line thereof, thence West to the point of beginning. Except therefrom the following described tract: Commencing at the Southeast comer of the Northeast Quarter of the Northeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota; thence West along the South line of the Northeast Quarter of the Northeast Quarter of said section on an assumed bearing of South 88 degrees 35 minutes 02 seconds West a distance of 425.75 feet to the point of beginning of said easement; thence South 88 degrees 35 minutes 02 seconds West a distance of 146.92 feet to the centerline of existing Old Shady Road; thence North 00 degrees 41 minutes 15 seconds West a distance of 50.00 feet; thence South 88 degrees 35 minutes 02 seconds West a distance of 10.27 feet; thence northeasterly a distance of 180.27 feet along a non-tangential curve concave to the Southeast having a central angle of 41 degrees 51 minutes 04 seconds, a radius of 246.80 feet and a chord bearing of North 45 degrees 29 minutes 45 seconds East; thence North 66 degrees 25 minutes 17 seconds East a distance of 24.23 feet; thence South 03 degrees 07 minutes 46 seconds East a distance of 179.65 feet, to the point of beginning . .. Item No. V. £,.3 ~(j;N: L--___ -I :::::::: ..... =---------Le;C-AT I::'N -=:; :'::::::::::::: v,£.1 .' , '.~ .... / .... J • .. ,. fl.-.:", e. ~. .: I i @ '. SE COR SEC 35 T 117 R 22 i I I I STATE HWY ( I) o , ,. • '0 _ I I g, I ..... "'.... I wa,o w. '. ~so·· .. o.': :3:3. 56 ~ES \ \ ,.~.~, I \ ~.~. '7' ) i I ' 0 \ \ I \,.,., .~. '.J.\").'I\ 1---------------------------j~~.~~q~.~~---~ O~. LO·~· .. ~ .. ~17--~----1 Z:3 -'R:r6iH -r -0 F -\tV' A.'[ -10 Bs VAGA TPEO ; 'Z. 5 .~.:.e . :8 ,.90. . ;~ o • I Ii! --,,,-( I) :~ e~ DATE: CITY COUNCIL AGENDA ..-. VECEMBER. 6, 1994 SECTION: DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE VEPT PAYMENT OF CLAIMS VI CHECKS NUMBER 26367 THRU 26865 . . . . Action/Direction: DECEMBER 6, 1994 VI 26367 JANET KARVONEN SPEAKER-YOUTH ASSN AWARDS BANQUET. 500.00 26368 BELLBOY CORPORATION MIX. 453.16 26369 DAY DISTRIBUTING COMPANY BEER. 9861.00 26370 EAST SIDE BEVERAGE CO BEER. 15591.20 26371 KIRSCH DISTRIBUTING CO BEER. 180.40 26372 MARK VII DISTRIBUTING COMPANY BEER. 10149.25 26373 MIDWEST COCA COLA BOTTLING CO MIX. 689.99 26374 PEPSI COLA COMPANY MIX. 356.40 26375 THORPE DISTRIBUTING COMPANY BEER. 14889.25 26376 ROSEVILLE FIREFIGHTERS AUXILIARY CONFERENCE-FIRE DEPT. 50.00 26377 C E LASALLE & ASSOCIATES APPRAISAL SERVICE-RIGHT OF WAY 3500.00 ACQUISITION-EXTENSION CITY WEST P~Y & OLD SHADY OAK RD. 26378 MN DEPT OF LABOR & INDUSTRY BOILER ENGINEER LICENSE RENSWAL-COMMUNITY 10.00 CENTER. 26379 VOIV OUT CHECK I 0.00 26380 NORTHERN STATES POWER CO SERVICE. 6539.45 26381 U S WEST COMMUNICATIONS SERVICE. 4575.76 26382 .~T PAUL POLICE DEPARTMENT SCHOOL-POLICE DEPT. 200.00 26383 VOIV OUT CllffCK . :·0.00 26384 CIRCUS PIZZA TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 345.06 FEES PAID. 26385 DISCOVER ZONE TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 229.27 FEES PAID. 26386 JOHN E REID AND ASSOCIATES SCHOOL-POLICE DEPT. 745.00 26387 MN DEPT OF REVENUE OCTOBER 1994 FUEL TAX. 374.60 26388 HENNEPIN COUNTY OCTOBER 1994 WASTE DISPOSAL -PARK 244.13 MAINTENANCE. 26389 PATRICIA PIDCOCK MILEAGE-CITY COUNCIL. 11.51 26390 ETHEL HOFFHINES REFUND-DISCOVERFEST-TRIP CANCELLED. 3.00 26391 VIOLET LAPPIN REFUND-LINE DANCING-CLASS CANCELLED. 20.00 26392 TRACY MERCHANT REFUND-SWIM LESSONS FOR BAILEY. 42.00 26393 K PAVITRA REFUND-SWIM LESSONS FOR KOTINI. 21.00 26394 J WALLACE REFUND-SKATING LESSONS FOR JACK. 14.32 26395 GORDON & ELAINE WILLIAMS REFUND-ADVANCED MACINTOSH BASICS-CLASS 31.00 CANCELLED. 26396 BETH & MORLEY BURNETT TUNER & INSTALLATION-COMMUNITY CENTER 152.50 ADMINISTRATION. 26397 COMMERCIAL ASPHALT CO ASPHALT-BIKE TRAIL-MITCHELL ROAD MARSH. 2702.74 26398 EDEN PRAIRIE CHAMBER OF COf.f.fERCE LABELS-RECREATION ADMINISTRATION. 123.20 26399 HORIZONS INC SERVICE-AERIAL MAPS ENLARGEMENT-5751.00 ENGINEERING DEPT. 26400 MAPCO SAND & GRAVEL GRAVEL-SLUDGE LAGOON ACCESS-WATER 2961. 79 TREATMENT PLANT. 26401 METROPOLITAN WASTE CONTROL COMM DECEMBER 1994 SSWER SERVICE. 106237.00 26402 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT. 555.62 26403 SOUTHWEST LAWN MAINTENANCE INC STORM SEWER IMPROVEMENT FOR WELTERS 1874.40 PURGATORY. 26404 YALE INCORPORATED SERVICE-WATER DIVISION. 212.90 26405 wacs SERVICE-PARKS DEPT. 30.00 19022790 DECEMBER 6, 1994 1. DECEMBER 6, 1994 26406 TOOJN & COUNTRY 'DODGE 26407 L M CIT 26408 NATIONAL LEAGUE OF CITIES 26409 NATIONAL LEAGUE OF CITIES 26410 NORTHERN STATES POOJER CO 26411 DELEGARD TOOL CO 26412 GENUINE PARTS COMPANY 26413 KRAEMERS HOME CENTER 26414 MERLINS ACE HARDWARE 26415 IRONSMITH 26416 NO~EST BANKS MINNESOTA N A 26417 SISINNI FOOD SERVICE 2-6418 HOPKINS POSTMASTER 26419 JOHN WOLFGRAM 26420 HELEN KARASEK AND MYRON RIEGERT 26421 DEPT OF NATURAL RESOURCES 26422 U S WEST CELLULAR INC 26423 ROLLING PIN BAKERY 26424 PATRICIA PIDCOCK 26425 NANCY TYRA-LUKENS 26426 JEAN HARRIS 26427 CARL JULLIE 26428 METRO INTERCON INC 26429 MARNA UEBLER 19788641 DECEMBER 6, 1994 SERVICE VEHICLE #712 & #711 & CREDIT MEMO. 3RD QTR LIABILITY INSURANCE. CONFERENCE-CITY COUNCIL. CONFERENCE-CITY COUNCIL. SERVICE. RECHARGEABLE LIGHTS/HALOGEN LAMPS/ BATTERIES/MAGNA DRIVER-EQUIPMENT MAINTENANCE. GRAPHITE/LUBRICANT/TRAILER HITCH BALLS/ CLEANER/BATTERIES/ WRES/SPLASH GUARDS/ FITTINGS/FILTERS/NUTS & BOLTS/SCRAPER/ PROPANE/MUFFLERS/BRACKETS/COUPLERS/ MIRRORS/CRIMPER/GAS CALIPER/HOSES/TOOL BOX/CABINET/HOSE ENDS/BLADE/ CONNECTIONS/ PAINT/FUSES/CHAIN/BRAKES/HITCH PINS/SEAT COVERS-STREET DEPT/EQUI~NT MAINT/CIVIL DEFENSE DEPT/UTILITIES DIVISION. VI OIL/LIGHT FLUID/PUMICE BLOCKS/VELCRO TAPE/ CLAMPS/FITTINGS/PVC PIPE/TUBING/SHOVEL/ TAPE MEASURES/MARKING PAINT/PAINT BRUSHES/ TACKCLOTH/GREASE/RUST REMOVER/SCRAPERS/ BATTERIES/HOOKS/HOLE SAWS/BULBS/HAMMER/ VALVES/SCR6WS-FIRE DEPT/EQUIPMENT MAINT/ FORESTRY DEPT/UTILITIES DIVISION. MAUL/HANDLE SAVER/TAPE MEASURER/ROPE/ UTILITY KNIVES/BLADE SHARPENING/ ANTIFREEZE/PUMP/ADAPTER/FUNNEL/BUSHINGS/ FUNNEL/NAILS/SPRAY PAINT/CAULKING//BOX ANCHORS/FUSES/NUTS & BOLTS/DRILL BITS/ KEYS/SCR6W EYES/SCREWDRIVER/UTILITY LOCK- STREET DEPT/PARK MAINT/COMMUNITY CENTER. TREE GRATE & GUARD-COMMUNITY CENTER IMPROVEMENTS. PAYROLL 11-11-94. MEETING EXPENSES-CITY HALL/ELECTIONS DEPT. POSTAGE-UTILITY BILLING. REFUND-SWIMMING LESSONS. PURCHASE OF PARK LAND ON 'DUCK LAKE. FIREARMS SAFETY INSTRUCTOR-OUTDOOR CENTER PROGRAMS. SERVICE. COMMUNITY CTR THANKSGIVING HOCKEY TOURNEY HOT 'DOG BUNS & MUFFINS. CONFERENCE ADVANCE-COUNCIL. CONFERENCE ADVANCE-COUNCIL. CONFERENCE ADVANCE-COUNCIL. CONFERENCE ADVANCE-COUNCIL. CITY CENTER BATHROOM RENOVATIONS. REFUND-A CHRISTMAS CAROL-FOR MARILYN HERTLE & MARNA UEBLER-TRIP CANCELLED. 2. 702.06 46754.00 405.00 85.00 31444.69 494.83 2122.00 576.35 416.02 1169.00 80462.25 1598.52 1028.47 24.00 4983.50 105.00 883.64 275.08 200.00 200.00 200.00 200.00 23520.00 37.00 DECEMBER 6, 1994 VI 26430 JULIANNE HENNEN REFUND-LUNCHEON & PLAY-FOR RENAE OLSON. 6.00 26431 EDIE ANDERSON REFUND-A CHRISTMAS CAROL-TRIP CANCELLED. 18.50 26432 DEAN & DIANE LUKE REFUND-A CHRISTMAS CAROL-TRIP CANCELLED. 37.00 26433 VIOLET LAPPIN REFUND-A CHRISTMAS CAROL-TRIP CANCELLED. 18.50 26434 SISINNI FOOD SERVICE MEETING EXPENSES-HUMAN RESOURCES/PUBLIC 626.24 WORKS. 26435 JULIE HOEFT SCHOOL -PARKS DEPT. 32.50 26436 U S WEST COMMUNICATIONS SERVICE-COMMUNITY CENTER. 94.58 26437 AIRSIGNAL INC SERVICE-COMMUNITY CENTER. 10.65 26438 MRPA AWARDS LUNCHEON AWARDS LUNCHEON-PARKS DEPT. 100.00 26439 SANDRA F WERTS ~XPENSES/MILEAGE-SENIOR CENTER 178.13 26440 LAKE COUNTRY CHAPTER SCHOOL-POLICE DEPT & INSPECTIONS DEPT. 250.00 26441 THE UNIVERSITY OF GEORGIA SCHOOL-PARKS DEPT. 425.00 26442 FMAAf CONFERENCE-INSPECTIONS DEPT. 95.00 26443 RICOH CORPORATION COPIER LEASE AGREEMENT -CITY HALL. 626.86 26444 TOM NSWELL MASONRY WORK COMPLETED AT 15130 PIONEER TRAIL FOR 1600.00 CATHERINE NELSON. 26445 DOOLITTLES AIR CAFE DEPOSIT AGREEMENT REFUND FOR VARIANCE 121.50 REQUEST #94-27. 26446 MINNESOTA TURF CONFERENCE CONFERENCE-PARK MAINTENANCE DEPT. 130.00 26447 CANADA LIFE ASSURANCE CO NOVEMBER 94 DISABILITY INSURANCE PREMIUM. 2008.83 26448 CARVER COUNTY COMMUNITY SOCIAL PAYROLL 11-17-94. 313.85 26449 CARVER COUNTY COURTHOUSE PAYROLL 11-11-94. 49.37 26450 CITIBANK-SOUTH DAKOTA-N A PAYROLL 11-11-94. 63.15 26451 FEDERAL RESERVE BANK PAYROLL 11-11-94 SAVINGS BONDS. 400.00 26452 GREAT-WEST LIFE & ANNUITY PAYROLL 11-11-94. 7960.50 26453 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 11-11-94. 240.46 26454 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 11-11-94. 298.00 26455 ICMA RETIREMENT TRUST-457 PAYROLL. 3890.53 26456 INTL UNION OF OPERATING ENGINEERS NOVEMBER 94 UNION DUES. 1270.00 26457 MINNESOTA DEPARTMENT OF REVENUE PAYROLL 11-11-94. 186.12 26458 MN DEPT OF REVENUE PAYROLL 11-11-94. 200.00 26459 MINNESOTA MUTUAL LIFE CASH UNIT PAYROLL 11-11-94. 671.50 26460 MN STATE RETIREMENT SYSTEM PAYROLL 11-11-94. 147.00 26461 MN TEAAfSTERS CREDIT UNION PAYROLL 11-11-94. 25.00 26462 PRUDENTIAL INSURANCE CO NOVEMBER 94 LIFE INSURANCE PREMIUM. 2921.01 26463 EXECUTIVE DIRECTOR-PERA DECEMBER 94 LIFE INSURANCE. 237.00 26464 EXECUTIVE DIRECTOR-PERA PAYROLL 11-11-94. 38871.01 26465 EXECUTIVE DIRECTOR-PERA PAYROLL 11-11-94. 100.00 26466 UNITED WAY PAYROLL 11-11-94. 213.55 26467 ADRIAN TOY DEPOSIT AGREEMENT REFUND FOR VARIANCE 121.50 REQUEST #94-28. 26468 RUTH TOURVILLE INSTRUCTOR-DESIGN YOUR OWN GREETING CARDS-52.00 NOV 7&14. 26469 BECKY ENGER INSTRUCTOR-COMPUTER CLASSES FOR SENIORS. 156.00 26470 SISINNI FOOD SERVICE MEALS-SENIOR CENTER. 909.73 26471 JOSEPH S APT INSTRUCTOR-TAl CHI CHIH-SEPT IS-NOV 17. 180.00 26472 MN DEPT OF HUMAN RIGHTS CONFERENCE-MUNNA YASIRI-WILLlAAf JACKSON-275.00 BETTE ANDERSON-DIANNA NELSON-HUMAN RIGHTS DAY. 6613157 DECEMBER 6. 1994 3. DECEMBER 6, 1994 VI 26473 K-P PROPERTIES INC REFUND OF ESCR<lAI FUND 81 UNUSED BALANCE. 304.78 26474 MINNESOTA STATE TREASURER OCTOBER 94 BUILDING SURCHARGE. 5634.80 26475 METROPOLITAN WASTE CONTROL COMM OCTOBER 94 SAC CHARGES. 69745.50 26476 BELLBOY CORPORATION BEER. 38.05 26477 DAY DISTRIBUTING COMPANY BEER. 12118.45 26478 EAST SIDE BEVERAGE CO BEER. 17979.40 26479 KIRSCH DISTRIBUTING CO BEER. 216.00 26480 MARK VII DISTRIBUTING COMPANY BEER. 18317.65 26481 MIDWEST COCA COLA BOTTLING CO MIX. 614.70 26482 PEPSI COLA COMPANY MIX. 300.95 26483 QUALITY WINE & SPIRITS CO BEER. 35.00 26484 THORPE DISTRIBUTING COMPANY BEER. 24779.55 26485 J A PRICE AGENCY INC REIMBURSEMENT FOR PROPERTY DAMAGE 'DUE TO 2327.79 SEWER BACKUP CLAIM. 26486 BELLBOY CORPORATION LIQUOR. 95.00 26487 EAGLE WINE CO WINE. 2546.18 26488 GRIGGS COOPER & CO INC LIQUOR. 33343.44 26489 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE. 43061.95 26490 PAUSTIS & SONS CO WINE. 853.20 26491 PHILLIPS WINE & SPIRITS LIQUOR & WINE. 39498.10 26492 PRIOR WINE CO LIQUOR & WINE. 8866.84 26493 QUALITY WINE & SPIRITS CO LIQUOR & WINE. 22821.23 26494 THE WINE COMPANY WINE. 1146.60 26495 JASON-NORTHCO L P #1 DECEMBER 94 RENT-LIQUOR STORE I. 5727.24 26496 THE STATE OF MINNESOTA 1995 VEHICLE INSPECTION DECALS-EQUIPMENT 60.00 MAINTENANCE. 26497 U S POSTMASTER POSTAGE-WINTER COMMUNITY PROGRAM BROCHURE. 2626.01 26498 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 232.00 26499 HENNEPIN TECHNICAL COLLEGE CONFERENCE-CITY STAFF. 450.00 26500 MINNESOTA WOMEN IN CITY GOVERNMEN 'DUES-CITY COUNCIL. 18.00 26501 MINNESOTA UC FUND 3R'D QTR 94 UNEMPLOYMENT COMPENSATION. 256.25 26502 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 232.00 26503 MINNESOTA DEPT OF COMMERCE NOTARY COMMISSION RENEWAL FEE-ENGINEERING 40.00 DEPT. 26504 MN DEPT OF NATURAL RESOURCES APPLICATION FEE FOR RILEY LAKE SWIMMING 75.00 BEACH ENLARGEMENT. 26505 NANCY BREMER REFUND-SKATING LESSONS. 50.00 26506 JUDY GELLING REFUND-SWIMMING LESSONS. 18.00 26507 CECILY GL<lAIACKY REFUND-GYMNASTICS LESSONS. 24.00 26508 TERESA JOHNSON REFUND-CIRCUS PIZZA TRIP-SPECIAL TRIPS & 17.00 EVENTS PROGRAM. 26509 MARY KUHL REFUND-RACQUETBALL LESSONS. 24.00 26510 MICHELE SCHULTZ REFUND-RACQUETBALL LESSONS. 24.00 26511 HENNEPIN TECHNICAL COLLEGE CONFERENCE-CITY COUNCIL. 45.00 26512 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/SPECIAL EVENTS 998.40 PROGRAM. 26513 HOLIDAY INN SCHOOL LODGING-POLICE DEPT. 107.62 26514 BILL WYFFELS SCHOOL ADVANCE-POLICE DEPT. 75.00 26515 MINNESOTA WOMEN IN CITY GOVERNMEN CONFERENCE-CITY COUNCIL. 25.00 26516 HENNEPIN TECHNICAL COLLEGE CONFERENCE-CITY COUNCIL. 45.00 31521468 DECEMBER 6, 1994 4. DECEMBER 6, 1994 26517 DOUGLAS ANDRSWS 26518 JOHN BENIK 26519 JAY BOHLEN 26520 GERALD BOHN 26521 LANCE BRACE 26522 RAYMOND F CARLSON 26523 SPENCER L CONRAD 26524 GENE DAHLKE . 26525 TROY DANIELSON 26526 RICHARD DEATON 26527 JOSEPH R DOHENY 26528 LARRY DOIG 26529 PATRICIA ENFIELD 26530 GEORGE ESBENSEN 26531 CHARLES FERN 26532 MARK GANG III 26533 DAVID GILMORE 26534 CHUCK GOBLE 26535 ROBERT GRANT 26536 ROBERT L GREENINGER 26537 GREG GUNDERSON . 26538 RICK HAMMERSCHMIDT 26539 SCOTT J HANLON 26540 ALAN HANSON 26541 DUANE HARRISON 26542 ROBERT HAUGEN 26543 JOHN HOBBS 26544 WALTER JAMES 26545 JAIMS GLENN JOHNSON 26546 SCOTT JOHNSON 26547 WILLIAM D KARELS 26548 KENNETH W KOCH 26549 STEVE KOERING 26550 MICHAEL LADEN 26551 REGAN MASSEE 26552 BRIAN MCGRAW 26553 GARY MEYER 26554 THOMAS MONTGOMERY 26555 JAMES MROZLA 26556 SCOTT OBERLANDER 26557 KATHLEEN OCONNOR 26558 KEITH OLSON 26559 DONALD OVERBEY 26560 JAMES PELTIER 26561 TIMOTHY PELTIER 26562 DEREK PETERSON 26563 GARY RADTKE 26564 JOHN RIEGERT 26565 JOHN ROCHFORD 26566 MICHAEL ROGERS 6659600 DECEMBER 6, 1994 SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS • SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. SERVICE-FIRE & RESCUE CALLS. 5. VI 996.00 902.00 936.00 1240.00 1616.00 1616.00 3206.00 1200.00 954.00 1654.00 630.00 2042.00 1092.00 1612.00 744.00 1038.00 830.00 1086.00 960.00 882.00 738.00 1140.00 1288.00 1116.00 1410.00 1518.00 2028.00 216.00 1074.00 1038.00 1104.00 1608.00 1146.00 1552.00 798.00 966.00 1942.00 2584.00 1422.00 848.00 822.00 1086.00 2112.00 2346.00 2192.00 1644.00 756.00 1748.00 1020.00 2098.00 DECEMBER 6, 1994 VI 26567 ROBERT ROLF ZEN SERVICE-FIRE & RESCUE CALLS. 816.00 26568 TIM SATHER SERVICE-FIRE & RESCUE CALLS. 2238.00 26569 CHARLES SCHAITBERGER SERVICE-FIRE & RESCUE CALLS. 2763.00 26570 KURT W SCHENDEL SERVICE-FIRE & RESCUE CALLS. 1116.00 26571 ROGER SCHMIDTKE SERVICE-FIRE & RESCUE CALLS. 510.00 26572 THOMAS SCHMITZ SERVICE-FIRE & RESCUE CALLS. 372.00 26573 LEE SCHNEIDER SERVICE-FIRE & RESCUE CALLS. 1402.00 26574 SCOTT SCHRAM SERVICE-FIRE & RESCUE CALLS. 1434.00 26575 CHARLES E SIEBERT SERVICE-FIRE & RESCUE CALLS. 1502.00 26576 TODD SKATRUD SERVICE-FIRE & RESCUE CALLS. 1366.00 26577 JOHN SKRANKA SERVICE-FIRE & RESCUE CALLS. 1134.00 26578 MARK SNETTING SERVICE-FIRE & RESCUE CALLS. 1134.00 26579 KIP SPRINGER SERVICE-FIRE & RESCUE CALLS. 634.00 26580 JAMES SUNDBERG SERVICE-FIRE & RESCUE CALLS. 656.00 26581 MICHELE SUNDBERG SERVICE-FIRE & RESCUE CALLS. 904.00 26582 SCOTT G SUNDQUIST SERVICE-FIRE & RESCUE CALLS. 1080.00 26583 SCOTT TAYLOR SERVICE-FIRE & RESCUE CALLS. 1308.00 26584 MARC THIELMAN SERVICE-FIRE & RESCUE CALLS. 1038.00 26585 DOUG THIES SERVICE-FIRE & RESCUE CALLS. 1412.00 26586 TODD TOfofCZIK SERVICE-FIRE & RESCUE CALLS. 1128.00 26587 RODNEY UTING SERVICE-FIRE & RESCUE CALLS. 876.00 26588 MARK VANDENBERGHE SERVICE-FIRE & RESCUE CALLS. 2324.00 26589 FRANK J WEBER SERVICE-FIRE & RESCUE CALLS. 1164.00 26590 THOMAS WILSON SERVICE-FIRE & RESCUE CALLS. 2046.00 26591 A TO Z RENTAL CENTER COFFEE MAKER RENTAL-SOCIAL PROGRAMS. 16.03 26592 ABfof EQUIPMENT & SUPPLY INC DOOR SHOCKS/BALL PINKS/SAFETY FRAfofES-131.90 EQUIPMENT MAINTENANCE. 26593 ACCOUNTEfofPS SERVICE-FINANCE DEPT. 1120.00 26594 AEC ENGINEERING SERVICE~ATER TANK CONSTRUCTION & COATING 7879.50 INSPECTIONS. 26595 ADT SECURITY SYSTEMS ANNUAL SECURITY SYSTEMS fofAINTENANCE 1103.86 AGREEMENT-FACILITIES DEPT. 265,6 AFFIRMED MEDICAL SERVICES INC 1ST AID SUPPLIES-CITY HALL. 63.45 26597 ALTERNATIVE BUSINESS FURNITURE IN BRUSHED ALUMINUM WALL STRIP-BLDG 50.06 INSPECTIONS DEPT. 26598 AMERICAN PHOTOCOPY INC FACSIMILE-ENGINEERING DEPT. 532.50 26599 AMERICAN SOCIETY FOR DUES-POLICE DEPT. 100.00 26600 EARL F ANDERSEN & ASSOC INC SIGNS-STREET DEPT. 461. 15 26601 KEN ANDERSEN TRUCKING SERVICE-DISPOSAL OF WILDLIFE-ANIMAL 170.40 CONTROL DEPT. 26602 ANIMAL INN BOARDING KENNEL CANINE SUPPLIES-POLICE DEPT. 86.27 26603 ANIMAL HUMANE SOCIETY DONATION-ANIMAL CONTROL DEPT. 500.00 26604 ARMOR SECURITY INC LOCK REPAIR/CYLINDER INSTALLATION-53.60 COMMUNITY CENTER. 26605 ASSN OF METROPOLITAN MEETING EXPENSES-CITY HALL. 75.00 26606 DON ATKINS HAY BALES-PARK fofAINTENANCE. 250.00 26607 B & STOOLS TORCH IGNITOR/THE~METERS~ATER DEPT. 163.96 26608 BACHMANS MUMS FOR OPEN HOUSE-PARKS DEPT. 170.49 26609 BARKER HAMMER ASSOC INC CLEANING SUPPLIES-FACILITIES DEPT. 121. 08 26610 BECKER ARENA PRODUCTS INC ACRYLIC SHEETS/ADHESIVE/PLYfofETAL SCREWS/ 817.32 SPREADER TOWEL/GRINDING WHEEL-COMMUNITY CENTER. 4422357 DECEfofBER 6, 1994 6. DECEMBER 6, 1994 VI 26611 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 971.16 26612 BERGIN AUTO BODY INC REPAIR & PAINT VEHICLES-EQUIPMENT 743.49 MAINTENANCE. 26613 BERRY COFFEE COMPANY SUPPLIES-ELECTIONS DEPT. 18.00 26614 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY 2264.07 CENTER. 26615 BLOOMINGTON LOCK & SAFE CO REKEY LOCK CYLINDERS/KEYS-CITY HALL. 276.68 26616 BRAUN INTERTEC CORPORATION SERVICE-VILLAGE KNOLLS 2ND ADDITION/ 1485.44 WATERMAIN COMPACTION TESTING/CITY WEST P~Y GEOTECHNICAL EVALUATION/RILEY LAK PK CONSTRUCTION. 26617 BROCK. WHITE MOTAR-PARK. MAINTENANCE. 12.78 26618 BRUNSWICK. RECREATION CENTERS REIMBURSEMENT FOR UTILITY WORK-TEMAN 24348.00 PROPERTY. 26619 BSN SPORTS WALLYBALL KIT-COMMUNITY CENTER. 159.50 26620 NATHAN BUCK. SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 561.00 26621 CAPITOL COMMUNICATIONS RELOCATION OF 911 COMMUNICATION CENTER/ 6142.36 REPAIRED & SPLICED POOJER CORD/CRIMPERS/ SWIVEL COLLAR BATTERY-POLICE DEPT/ EQUIPMENT MAINTENANCE. 26622 CARGILL SALT DIVISION DEICING SALT-SNOOJ & ICE CONTROL-STREET 5366.29 DEPT. 26623 JODY CARLIN REIMBURSEMENT OF DIFFERENCE BcnwEEN CLASS 19.00 A & CLASS C DRIVERS LICENSE FEE-PARK. MAINTENANCE. 26624 CARLSON COUNSELING & CONSULTATION OCTOBER 94 EMPLOYEE ASSISTANCE-HUMAN 285.00 RESOURCES DEPT. 26625 CEDAR COMPUTER CENTER INC COMPUTER SOFTWARE-COMMUNITY DEVELOPMENT 119.79 DEPT. 26626 CENTEX HOMES REFUND-PARK. DEDICATION FEES. 10800.00 26627 CENTRAIRE INC MAINTENANCE AGREEMENTS-FACILITIES DEPT/ 2077.27 LIQUOR STORE I. 26628 BRUCE CLABO REIMBURSEMENT OF DIFFERENCE BcnwEEN CLASS 19.00 A & CLASS C DRIVERS LICENSE FEE-STREET MAINTENANCE. 26629 JAMES CLARK. NOVEMBER 94 CAR ALLOOJANCE-POLICE DEPT. 200.00 26630 CM CONSTRUCTION COMPANY INC SERVICE-SENIOR CITIZENS CENTER REMODELING. 43276.00 26631 C02 SERVICES PROPANE/CYLINDER RENTAL-COMMUNITY CENTER. 134.45 26632 COMMUNICATION BRIEFINGS SUBSCRIPTION-FINANCE DEPT. 69.00 26633 COMPUTERWARE DATA PRODUCTS INC PRINTER RIBBONS-COMMUNITY CENTER. 83.83 26634 COMMISSIONER OF TRANSPORTATION SERVICE-BITUMINOUS PLANT INSPECTIONS-DELL 1522.48 ROAD. 26635 CONCEPT MICRO IMAGING MICROFILMING/READER REPAIR-ENGINEERING 449.86 DEPT. 26636 JOHN CONLEY TRAINING SUPPLIES-POLICE DEPT. 174.06 26637 JOYCE CONLEY OFFICE SUPPLIES-POLICE DEPT. 95.75 26638 COpy EQUIPMENT INC COPY PAPER/OFFICE SUPPLIES-ENGINEERING 814.96 DEPT. 26639 CORPORATE LEARNING CENTER SCHOOL-POLICE DEPT. 1820.00 26640 CORPORATE REPORT MN SUBSCRIPTION-ADMINISTRATION DEPT. 29.00 10433822 DECEMBER 6, 1994 7. DECEMBER 6, 1994 VI 26641 CLIFF CRACAUER MILEAGE-EQUIPMENT MAINTENANCE. 52.08 26642 CROWN MARKING INC DESK SIGN INSERTS-CITY HALL. 34.95 26643 CUB FOODS EXPENSES-FIRE DEPT. 190.37 26644 DALCO CLEANING SUPPLIES-COMMUNITY CENTER. 161.36 26645 DANKO EMERGENCY EQUIPMENT CO SENSOR ASSEMBLIES/HELMET-FIRE DEPT. 442.81 26646 DATAFILE FILE GUIDES-BLDG INSPECTIONS DEPT. 141.50 26647 DAY-TIMERS INC OFFICE SUPPLIES-POLICE DEPT. 289.30 26648 DE SIGN ER STREET NAME SIGNS-STREET DEPT. 207.68 26649 DAN DESAULNIERS SERVICE-SOFTBALL OFFICIAL/FEES PAID. 21.00 26650 DESIGNS BY NORVELL INC OFFICE SUPPLIES-POLICE DEPT. 164.01 26651 GARY DIETHELM SERVICE-GRAVE PREPARATION-PLEASANT HILLS 100.00 CEMETERY. 26652 DORSEY & WHITNEY SERVICE-GENL OBLIGATION OPEN SPACE BONDS 5500.00 SERIES 1994A/GENL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS SERIES 1994B. 26653 BEV DRAVES MILEAGE-RECREATION ADMINISTRATION. 15.54 26654 EASTMAN KODAK COMPANY OCTOBER 94 COPIER MAINTENANCE AGREEMENT-535.07 CITY HALL. 26655 EDEN PRAIRIE BASKETBALL ASSN CITYS SHARE OF SCOREBOARD FOR CENTRAL 1000.00 MIDDLE SCHOOL GYM. 26656 EDEN PRAIRIE CHAMBER OF COMMERCE MEETING EXPENSES-CITY HALL. 107.00 26657 EDEN PRAIRIE SCHOOL DIST 272 GYM RENTAL-ORGANIZED ATHLETICS PROGRAM/ 424.00 CARAMEL ROLLS-REIMBURSED BY EMPLOYEES/BUS SERVICE-SENIOR CENTER PROGRAM. 26658 EGGHEAD SOFTWARE COMPUTER SOFTWARE-COMMUNITY DEVELOPMENT 108.18 DEPT. 26659 SANDRA EHRICH MILEAGE-ADAPTIVE RECREATION PROGRAM. 11.98 26660 ELIM SHORES ENTERTAINER-PROGRESSIVER DINNER-SENIOR 150.00 PROGRAMS~ 26661 JEFFREY ELWELL MILEAGE/RENEWAL OF BOILER LICENSE FEE-30.12 COMMUNITY CENTER. 26662 CHRIS ENGER EXPENSES/NOVEMBER 94 CAR ALLOWANCE-210.00 COMMUNITY DEVELOPMENT DEPT. 26663 ENVIROSOIL TECHNOLOGIES INC ISO LITE SOIL AMENDMENT-MILLER PARK. 11596.51 . 26664 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 22.92 26665 FARM SHOW MAGAZINE SUBSCRIPTION-STREET MAINTENANCE. 26.00 26666 FIRE DEPT SAFETY OFFICERS ASSN SUBSCRIPTION-FIRE DEPT. 60.00 26667 FIRST INDUSTRIAL FINANCE REFUND-OVERPAYMENT UTILITY BILLING. 196.44 26668 FLAGHOUSE INC GAME CONE-POOL OPERATIONS-COMMUNITY 22.20 CENTER. 26669 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT. 42.78 26670 JOHN FRANE NOVEMBER 94 CAR ALLOWANCE-FINANCE DEPT. 200.00 26671 G T LAWN SERVICE SEPTEMBER/OCTOBER 94 MOWING SERVICE-600.00 PLEASANT HILLS CEMETERY. 26672 GAB BUSINESS SERVICES INC LIABILITY INSURANCE. 21038.03 26673 GARDNER HARDWARE CO WALL STOPS/DEADLOCK W/CYLINDER-COMMUNITY 191. 92 CENTER. 26674 GARTNER REFRIGERATION & MFG INC ELEMENT/REPLACED VALVE OFF-LINE-COMMUNITY 573.11 CENTER. 26675 GENERAL SPRINKLER REFUND-MECHANICAL PERMIT. 30.50 4449736 DECEMBER 6, 1994 8. DECEMBER 6, 1994 VI 26676 JOHN GERTZ MEETING EXPENSES-HISTORICAL 34.06 INTERPRETATION PROGRAM. 26677 GE CAPITAL DECEMBER 94 COPIER LEASE AGREEMENT-SENIOR 156.75 CENTER. 26678 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-FIRE DEPT. 261.33 26679 GLOBAL COMPUTER SUPPLIES COPYHOLDERS/GLARE FILTERS-SAFETY DEPT. 198.11 26680 TIM GLOMSKI SERVICE-HOCKEY OFFICIAL/FEES PAID. 915.00 26681 GOLD ASSOCIATES INC SERVICE-PROCEDURE MANUAL REVISIONS-FIRE 1510.60 DEPT. 26682 GRAFIX SHO'P'PE SQUAD CAR GRAPHICS KIT-EQUIPMENT 298.20 MAINTENANCE. 26683 GUNNAR ELECTRIC CO INC REPAIRED IRRIGATION SYSTEM WIRES-FRANLO 1583.68 PARK/REPLACED UNDERGROUND WIRE BETWEEN TWO STREET LIGHTS-STREET DEPT • 26684 HANSEN THORP PELLINEN OLSON INC . SERVICE-RIVERVIEW HEIGHTS/VILLAGE KNOLLS 57408.19 2ND ADDITION/MILLER PK IMPROVEMENTS. 26685 HARMON GLASS COMPANY SLIDER WINDOW & INSTALLATION/SAFETY SHEET 292.00 & INSTALLATION-EQUIPMENT ~NTENANCE. 26686 PETER J HARMS SERVICE-BASKETBALL OFFICIAL/FEES PAID. 106.00 26687 JIM HATCH SALES CO SNOW PLOW MARKERS-EQUIPMENT ~NTENANCE. 146.45 26688 HAYDEN MURPHY EQUIPMENT CO RENTAL ROLLER REPAIR-STREET MAINTENANCE. 473.43 26689 HEAVENLY HAM EXPENSES-FIRE DEPT. 33.00 26690 HEIKES FARM INC SERVICE-HYDRO MULCHING-RILEY LAKE PARK. 5000.00 26691 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION. 99.96 26692 JOSH HENDERSON SERVICE-BASKETBALL OFFICIAL/FEES PAID. 165.00 26693 HENNEPIN COUNTY LIBRARY RESOURCE DIRECTORIES-SENIOR CENTER. 16.00 26694 HENNEPIN COUNTY TREASURER POSTAGE-VOTER REGISTRATION VERIFICATIONS. 2975.05 26695 HENNEPIN COUNTY TREASURER GENERAL ELECTION BALLOTS-ELECTIONS DEPT. 1656.08 26696 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 37.50 DEVELOPMENT DEPT. 26697 HENNEPIN COUNTY TREASURER CITYS SHARE PARTICIPATION IN COUNTY 245292.64 PROJECT 6816 ON CSAH 1 8 . 26698 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT. 39.00 26699 HENNEPIN TECHNICAL COLLEGE BOARD & COMMISSION TRAINING SUPPLIES-CITY 300.00 HALL. 26700 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT-BLDG 110.43 INSPECTIONS DEPT. 26701 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT-FIRE DEPT. 47.25 26702 HILAN CORPORATION PLAYSTRUCTURE LADDER REPAIR-ROUND LAKE 465.20 PARK. 26703 HORIZON GRAPHICS INC PRINTING-NOVEMBER/DECEMBER COMMUNITY 3482.93 NEWSLETTER-COMMUNITY SERVICES DEPT. 26704 ICE SKATING INSTITUTE OF AMERICA BADGE CERTIFICATES-COMMUNITY CENTER. 507.00 26705 INGRAM EXCAVATING REGRADING AROUND FOUNDATION TO ALLEVIATE 531.00 DRAINAGE PROBLEM-CUMMINS GRILL HOUSE. 26706 INSTY-PRINTS PRINTING ENVELOPES-CITY HALL. 16.29 26707 INTERIM SERVICE-PARK MAINTENANCE. 382.40 26708 INTL SOCIETY OF ARBORlCULTURE DUES-PARK & RECREATION DEPT. 100.00 26709 INTL ASSN OF CHIEFS OF POLICE DUES-POLICE DEPT. 100.00 26710 INTL CONFERENCE OF BLDG OFFICIALS FIRE CODE BOOKS-BLDG INSPECTIONS DEPT. 166.40 32490693 DECEMBER 6, 1994 9. DECEMBER 6, 1994 VI 26711 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 255.00 26712 CARL JULLIE NOVEMBER 94 CAR ALLOWANCE-ADMINISTRATION 400.00 DEPT. 26713 KANDIYOHI BOTTLED WATER CO WATER COOLER RENTAL-LIQUOR STORE III. 13.58 26714 KENS FRESH MEAT EXPENSES-FIRE DEPT. 84.88 26715 SCOTT KIPP PARKING FEE-COMMUNITY DEVELOPMENT DEPT. 4.50 26716 JILL KUYAVA SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 136.00 26717 LAB SAFETY SUPPLY OVERSHOES/NUKE BOOTS/POSTERS/SAFETY 164.35 MEMBER PINS-SAFETY DEPT. 26718 LAKE COUNTRY DOOR DOOR AIR LEAK REPAIR-PUBLIC WORKS 216.00 BUILDING. 26719 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 2148.72 26720 LAKELAND FORD TRUCK SALES INC SWITCH ASSEMBLY/TUBE/RESERVOIR ASSEMBLY/ 271.57 GASKETS/SHIFT SPRINGS/SHAFT/PLUNGER~/BALL ASSEMBLIES-EQUIPMENT MAINTENANCE. 26721 LAKSWOOD PUBLICATIONS INC SUBSCRIPTION-FINANCE DEPT. 128.00 26722 SULANNE K LANE EXPENSES/MILEAGE-FINANCE DEPT/ELECTIONS 80.87 DEPT. 26723 LANG PAULY & GREGERSON LTD AUGUST 94 LEGAL SERVICE-$13957/SEPTEMBER 37171.89 94 LEGAL SERVICE-$11706/SEPTEMBER 94 LITIGATION VS SW CROSSING JOINT VENTURE- $110/SEPTEMBER 94 SERVICE-CENTRUM INC- $2970/0CTOBER 94 PROSECUTION SERVICE- $8427-POLICE DEPT/GENL LEGAL/CENTRUM. 26724 LANIER WORLDWIDE INC VHS VOICE LOGGER REPAIR-POLICE DEPT. 197.15 26725 C E LASALLE & ASSOCIATES APPRAISAL SERVICE-RALF ACQUISITION. 2350.00 26726 LEIGHTONS GARAGE & SPECIAL PROJEC POOL RAILING-COMMUNITY CENTER. 348.00 26727 LONG LAKE TRACTOR & EQUIPMENT TRANSMISSION REPAIR-EQUIPMENT MAINTENANCE. 2538.41 26728 ROBERT LAMBERT NOVEMBER 94 CAR ALLOWANCE-PARK & 200.00 RECREATION DEPT. 26729 LUNDS FOODS INC EXPENSES-FIRE DEPT. 82.14 26730 ROV MACRAE MILEAGE-OUTDOOR CENTER PROGRAMS. 58.13 26731 MARK I YOUTH TRAINING BOOKS-YOUTH ATHLETICS 52.22 PROGRAM. 26732 MARQUETTE CAMERA REPAIR . CAMERA CLIP-POLICE DEPT. 4.00 26733 GEORGE MARSHALL SERVICE-GRAVE PREPARATION-PLEASANT HILLS 400.00 CEMETERY. 26734 LISA MASCARENAS SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 162.00 26735 MASYS CORPORATION DECEMBER 94 COMPUTER HARDWARE & SOFTWARE 2219.70 MAINTENANCE AGREEMENT/RELOCATE ENFORS SYSTEM-POLICE DEPT. 26736 MAXI -PRINT INC PRINTING FORMS/ENVELOPES-POLICE DEPT. 398.31 26737 SUE MCCARVILLE COMPUTER UPGRADE -COf<H.JNITY CENTER. 37.74 26738 R S MEANS CO INC PUBLICATION-PARK PLANNING DEPT. 87.69 26739 MEDICINE LAKE TOURS ALMA SWAN WATCHING TOUR-ADULT PROGRAMS/ 392.00 FEES PAID. 26740 MENARDS PHOTOCELLS/NAILS/PLASTIC DROP CLOTH/ 935.68 CONCRETE/SILL SEALER/BATTERIES/EYEBOLTS/ TREATED TIMBERS-STREET DEPT/PARKS DEPT. 26741 METRO LEGAL SERVICES INC TRACT SEARCH-HOUSING REHABILITATION 40.00 PROGRAM. 5157853 DECEMBER 6, 1994 10. DECEMBER 6, 1994 VI 26742 METRO SALES INC COPIER MAINTENANCE AGREEMENT-CITY HALL/ 847.80 RECREATION ADMINISTRATION/TONER-POLICE DEPT. 26743 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL. 739.34 26744 MIDWEST COCA COLA BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY 1558.21 CENTER. 26745 MINNCOMM PAGING JULY/NOVEMBER 94 PAGER SERVICE-BLDG 146.88 INSPECTIONS DEPT. 26746 MINNESOTA BUSINESS FORMS RECEIPT FORMS/LICENSE LABELS-FINANCE DEPT/ 2965.91 BUSINESS CARDS/ENVELOPES/LETTERHEAD-CITY HALL. 26747 MN CHIEFS OF POLICE ASSN PRINTING-PERMITS/DUES-POLICE DEPT. 152.32 26748 MN DEPT OF PUBLIC SAFETY DATA PROCESSING MAINTENANCE-POLICE DEPT. 990.00 26749 MERSC DUES-HUMAN RESOURCES DEPT. 180.00 26750 MN PRIMA DUES-SAFETY DEPT. 15.00 26751 MN STATE FIRE DEPT ASSN DUES-FIRE DEPT. 240.00 26752 JEFFREY MONAHAN SERVICE-BASKETBALL OFFICIAL/FEES PAID. 170.00 2675~ MOORE MEDICAL CORP 1ST AID RESCUE SUPPLIES-FIRE DEPT. 523.40 26754 WM MUELLER & SONS INC GRAVEL/SAND-STREET DEPT/PARKS DEPT/STORM 3621.78 DRAINAGE PROGRAM. 26755 NATIONAL LEAGUE OF CITIES DUES-CITY COUNCIL. 2035.00 26756 NATL RECREATION & PARK ASSN STANDARDS MANUALS/VISITOR MANUAL/OVERVIEW-95.00 PARK & RECREATION DEPT. 26757 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-COMMUNITY CENTER. 147.44 26758 BETH NILSSON SERVICE-SKATING DIRECTOR/FEES PAID. 937.46 26759 NINE ONE ONE MAGAZINE SUBSCRIPTION-POLICE DEPT. 14.40 26760 NORTHERN POWER PRODUCTS INC GASKETS/SEALS/THERMOSTAT/WATER PUMP-204.84 EQUIPMENT MAINTENANCE. 26761 NORTHERN STATE POWER REFUND-UNUSED PORTION OF DEVELOPERS 566.00 DEPOSIT AGREEMENT. 26762 NORTHLAND BUSINESS COMMUNICATIONS TONER CARTRIDGES-POLICE DEPT. 214.94 26763 NORTHLAND ELECTRIC SUPPLY CO QUICK DISCONNECT ASSEMBLY/LIGHT BULBS-510.47 STREET DEPT. 26764 NORTHWEST BITUMINOUS MAINT INC SERVICE-BLACKTOPPING PLAZA-ROUND LAKE 19975.00 BALLFIELDS. 26765 JAMES J NOVAK SERVICE-TRAINING INSTRUCTOR-FIRE DEPT. 225.00 26766 OHLIN SALES INC BATTERIES-FIRE DEPT. 100.71 26767 BILL OLSON CO BLACK DIRT-PARKS DEPT. 325.80 26768 OPM INFORMATION SYSTEMS COMPUTER SOFTWARE/TYPEWRITER REPAIR-423.75 FINANCE DEPT. 26769 JOHN A OTT SERVICE-FACILITATION & SKILLS WORKSHOPS. 468.03 26770 P & H WAREHOUSE SALES INC COUPLING/BUSHING-PARK MAINTENANCE. 7.67 26771 P S E LIGHTING DIVISION STROBE HEAD/REPLACEMENT LENS-EQUIPMENT 102.48 MAINTENANCE. 26772 PARASOLE REFUND-UNUSED PORTION OF DEVELOPERS 671.70 DEPOSIT AGREEMENT. 26773 OLYMPIC ELECTRIC CO INC INSTALLED NEW OUTLET FOR LOGGING RECORD-1084.44 POLICE DEPT TO CITY CENTER. 26774 PARKSIDE PRINTING INC PRINTING NOVEMBER/DECEMBER SENIOR 623.09 NEWSLETTER. 4088386 DECEMBER 6, 1994 11. DECEMBER 6, 1994 VI 26775 LYNN PEAVEY COMPANY EVIDENCE BAGS/POUCHES/CHECK PROTECTOR 179.80 BAGS-POLICE DEPT. 26776 J W PEPPER OF MPLS SHEET MUSIC-ART & MUSIC PROGRAM. 426.00 26777 DAVE PERKINS CONTRACTING INC SERVICE-STORM SEWER IMPROVEMENTS. 18167.50 26778 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION. 25.20 26779 PITNEY BOWES INC POSTAGE SCALE RENTAL-CITY HALL. 174.00 26780 PLAY IT AGAIN SPORTS EXERCISE EQUIPMENT-FALL SKILL DEVELOPMENT 20.00 PROGRAM. 26781 PLUMBING & HEATING REPAIR PLUMBING REPAIRS-HOUSING REHABILITATION 170.80 PROGRAM. 26782 PLYMOUTH PLUMBING REFUND-OVERPAYMENT PLUMBING PERMIT. 150.65 26783 KATHLEEN PORTA MILEAGE-ELECTIONS DEPT. 8.96 26784 PRAIRIE ELECTRIC COMPANY INC FURNISH & INSTALL FLUORESCENT FIXTURE/ 1177 .87 MOTION SENSORS-SENIOR CENTER/POPCORN MACHINE REPAIR/POOL DEHUMIDIFIER REPAIR/ TEMPERATURE CONTROL REPAIR-COMMUNITY CENTER. 26785 PRINTERS SERVICE INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER. 70.00 26786 THE PROMOTION GROUP JACKET WITH CITY LOGO/PERSONALIZATION-75.75 SAFETY INCENTIVE PROGRAM. 26787 QUALITY WASTE CONTROL INC NOVEMBER 94 WASTE DISPOSAL-COMMUNITY 208.67 CENTER/LIQUOR STORE II. 26788 R & R SPECIALTIES INC IMPELLER/COVER PLATE SCRSWS/GASKET-50.53 COMMUNITY CENTER. 26789 RAINBOW FOODS EXPENSES-OUTDOOR CENTER. 13.25 26790 RC IDENTIFICATIONS INC ID POUCHES-COMMUNITY CENTER. 164.78 26791 PC WORLD SUBSCRIPTION-ASSESSING DEPT. 19.97 26792 IRISH INC SAFETY GLASSES/FIRST AID KITS-EQUIPMENT 287.23 MAINTENANCE. 26793 THE RET AI L MARKETING GROUP ADVERTISING-LIQUOR STORES. 100.00 26794 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-SINGLETREE WATERMAIN CONST/WATER 13534.28 TOWER/RECONSTRUCTION OF OLD CITY WEST P~Y/GOLDEN RIDGE RD DESIGN. 26795 RINK SYSTEMS INC PUNISHMENT PAD MATTING-COMMUNITY CENTER. 109.65 26796 RYANS RUBBER STAMPS RUBBER STAMPS-CITY HALL. 80.28 26797 SAFETY-KLEEN CORPORATION CARBURETOR CLEANER/TOWELS-EQUIPMENT 265.45 MAINTENANCE/PARK MAINTENANCE. 26798 UNIVERSITY OF ST THOMAS CONFERENCE-CITY STAFF. 2450.00 26799 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT/ 700.56 COMMUNITY CENTER. 26800 CHUCK SCHAITBERGER CONFERENCE EXPENSES-FIRE DEPT. 130.53 26801 WILBUR W SCHULTZ SERVICE-SOFTBALL OFFICIAL/FEES PAID. 935.00 . 26802 RON SCHWARTZ SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 272.00 26803 SENSIBLE LAND USE COALITION DUES-ADMINISTRATION DEPT. 125.00 26804 SEARS WET/DRY VACUUM CLEANER-FIRE DEPT. 106.49 26805 SEGAL WHOLESALE INC SUPPLIES-LIQUOR STORE III. 84.68 26806 STEVEN R SINELL MEETING EXPENSES/PARKING/SEPTEMBER & 420.50 OCTOBER 94 CAR ALLOWANCE-ASSESSING DEPT. 26807 ERIC SIT SERVICE-SMART SELF-DEFENSE INSTRUCTOR/TAE 1182.10 KWON DO INSTRUCTOR/FEES PAID. 4188748 DECEMBER 6, 1994 12. DECEMBER 6, 1994 26808 PETER N SMITH 26809 W GORDON SMITH CO 26810 SNAP-ON TOOLS CORPORATION 26811 SNYDER DRUG 26812 SNYDER DRUG 26813 SO HENNEPIN REGIONAL PLANNING 26814 SO HENNEPIN REGIONAL PLANNING SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. PROPANE-EQUIPMENT MAINTENANCE/LUBRICANT- FACILITIES DEPT. IMPELLAR-EQUIPMENT MAINTENANCE. SHOE POLISH/SOAP-POLICE DEPT. EXPENSES-SENIOR CENTER/HISTORICAL & CULTURAL COMMISSION. VI 3RD QTR 94-COMPREHENSIVE STUDY OF SERVICE PROVIDERS. COMMISSION MATERIALS-COMMUNITY SERVICES DEPT. 26815 SOUTHAM BUSINESS COMMUNICATIONS LEGAL PUBLICATIONS-TRAFFIC CONTROL SIGNAL 26816 26817 26818 26819 26820 26821 SOUTHWEST LNJJN MAINT INC SOUTHWEST SUBURBAN PUBLISH INC SOUTHWEST SUBURBAN PUBLISH INC SQUARE CUT STAHL CONSTRUCTION CO STAR TRIBUNE SYSTEMS CONST. SOD-STORM DRAINAGE PROGRAM. EMPLOYMENT ADS-CITY HALL. LEGAL PUBLICATIONS-CITY HALL. HEAVY DUTY SHELVES-POLICE DEPT. SERVICE-CITY CENTER REMODELING. EARLY SUNDAY PAPERS FOR RESALE-LIQUOR STORE III. 26822 STREICHERS PROFESSIONAL POLICE EQ BALLISTIC VESTS/4 GUNS/AMMUNITION/MOTOR/ HEADLIGHT FLASHERS/TARGETS/GUN CLEANING SUPPLIES/LENSES-POLICE DEPT/EQUIPMENT 26823 STRGAR ROSCOE FAUSCH INC 26824 STRINGER BUSINESS SYSTEMS INC 26825 SUBURBAN CHEVROLET 26826 NATALIE SWAGGERT 26827 SWEDLUND SEPTIC SERVICE 26828 PAUL M TATONE P A 26829 KATHY TEKIELA 26830 STAN TEKIELA 26831 THOMPSON PLUMBIN~ 26832 VOIV OUT CHECK 26833 JEANE THORNE INC 26834 TIE SYSTEMS INC-MN 26835 TKDA & ASSOC INC 26836 TOLL GAS & WELDING SUPPLY 26837 TONKA SEAMLESS GUTTERS 26838 TOWN & COUNTRY DODGE 5692047 DECEMBER 6, 1994 MAINTENANCE. SERVICE-DELL ROAD/SHORES OF MITCHELL LK/ DELL RD SOUTH/SCENIC HTS RD/DELL RD TH 212 TO 82ND ST/WEST 82ND ST. COPIER MAINTENANCE AGREEMENT-CITY HALL. SWITCHES/VALVES/WATER PUMP/CONNECTORS- EQUIPMENT MAINTENANCE. NOVEMBER 94 CAR ALLOWANCE-HUMAN RESOURCES DEPT. WASTE DISPOSAL SERVICE-PARK MAINTENANCE. SERVICE-KARASEK LAND ACQUISITION-DUCK LK PK. OUTDOOR CENTER PROGRAMS INSTRUCTOR/FEES PAID. SERVICE-OUTDOOR CENTER PROGRAMS INSTRUCTOR/FEES PAID. REFUND-PLUMBING PERMIT. SERVICE-ASSESSING DEPT. WALL MOUNTED PHONES MOVED/MAIN BOARD ALARM FLASHING REPAIR-CITY HALL. SERVICE-RECONSTRUCTION OF EXISTING MUNICIPAL FACILITIES ADJACENT OF MITCHELL RD. HELIUM-SOCIAL EVENTS PROGRAM. INSTALLED GUTTERS-BOYCE HOUSE. STEERING GEAR FLUID LEAK REPAIR-EQUIPMENT MAINTENANCE. 13. 187.00 72.94 265.19 25.67 19.97 3625.00 225.00 372.60 324.83 88.90 458.32 375.45 16448.00 18.98 6492.90 21129.51 121.98 328.23 200.00 695.00 175.00 354.00 160.00 232.50 0.00 939.03 459.05 1344.53 94.44 650.00 1036.45 DECEMBER 6, 1994 VI 26839 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE/HELIUM-EQUIPMENT 186.04 MAINTENANCE. 26840 U S P C A REGION 12 DUES-POLICE DEPT. 90.00 26841 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT. 358.01 26842 UNIFORMS UNLIMITED UNIFORMS-ANIMAL CONTROL DEPT/DISPENSERS-294.10 POLICE DEPT. 26843 UNLIMITED SUPPLIES INC DRILL BITS/NUTS & BOLTS & CLAMPS/ 1037.57 TERMINALS/CONNECTORS-EQUIPMENT MAINTENANCE. 26844 THE UPHOLSTERY SHOP RECOVERED OFFICE CHAIRS-POLICE DEPT. 407.59 26845 URBAN WILDLIFE MANAGEMENT INC NOVEMBER 94 DEER REMOVAL SERVICE-FORESTRY 3250.00 DEPT. 26846 VIDEO SERVICE OF AMERICA VHS TAPES/SLEEVES-COMMUNITY SERVICES DEPT. 263.93 26847 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER. 250.79 26848 TRIA VIKESLAND TICKETS/MILEAGE-ADAPTIVE RECREATION 111.99 PROGRAM. 26849 VOSS LIGHTING LIGHT BULBS-COMMUNITY CENTER. 104.28 26850 WAL-MART STORES IN POLAROID FILM-POLICE DEPT. 740.65 26851 JOHN WALSTEDT WINDOW GLASS-HOUSING REHABILITATION 500.00 PROGRAM. 26852 WATER SPECIALTY OF MN-INC CHEMICALS-COMMUNITY CENTER. 541.44 26853 WATERPRO 2 IN 1000 GAL METERS/FLANGE KITS-WATER 2526.00 DEPT. 26854 WEATHER WATCH INC SERVICE-SNOW & ICE CONTROL-STREET DEPT. 195.00 26855 JASON WENOOLEK SERVICE-BASKETBALL OFFICIAL/FEES PAID. 255.00 26856 WEST WELD DRILL BITS/DISCS-EQUIPMENT MAINTENANCE. 264.35 25857 JOEL WESTACOTT MICROPHONE RENTAL/SOUND TECHNICIAN 1115.00 SERVICE-HISTORICAL & CULTURAL COMMISSION/ VIDEO SERVICE-COMMUNITY SERVICES DEPT/ MIXER & AMPLIFIER RENTAL-OPEN HOUSE-CITY CENTER. 26858 WESTWOOD PROFESSIONAL SVCS INC SERVICE-PRAIRIE CTR DR TEMPORARY SIGNALS. 8214.37 26859 WILCOX & WILLIAMS SNOW SHOE KITS/BINDINGS-OUTDOOR CENTER 449.45 PROGRAMS. 26860 WORK & FAMILY CONNECTION INC SUBSCRIPTION-HUMAN RESOURCES DEPT. 215.00 26861 ZACKS INC BUNGEE CORDS-PARK MAINTENANCE. 41.54 26862 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-EQUIPMENT MAINTENANCE/ 180.64 PARK MAINTENANCE/POOL OPERATIONS/ COMMUNITY CENTER ADMINISTRATION. 26863 ZEOS COMPUTER FACTORY OUTLET COMPUTER REPAIR-ADMINISTRATION DEPT. 149.24 26864 ZIEGLER INC AIR COMPRESSOR RENTAL-PARK MAINTENANCE. 873.30 26865 NORWEST BANKS MINNESOTA N A PAYROLL 11-25-94. 76744.71 11000 AMERICAN BANK BOND PAYMENTS. 31847.50 11000 NORWEST BANK BOND PAYMENTS. 600.00 22000 MN DEPT OF REVENUE PAYROLL 10-28-94. 15885.96 22000 MN DEPT OF REVENUE PAYROLL 11-11-94. 16101.18 33000 CITY COUNTY CREDIT UNION PAYROLL 10-28-94. 10044.46 33000 CITY COUNTY CREDIT UNION PAYROLL 11-11-94. 9994.46 44000 MN DEPT OF REVENUE OCTOBER 94 SALES TAX. 40265.00 25856 VOID OUT CHECK 5315.00- 21878355 DECEMBER 6, 1994 14. DECEMBER 6, 1994 25944 VOID OUT CHECK 26236 VOID OUT CHECK 26343 VOID OUT CHECK 26357 VOID OUT CHECK -1028395 DECEMBER 6, 1994 VI 15. 3037.26- 6246.50- 802.06- 198.13- $1753792.58 DATE: CITY COUNCn.. AGENDA December 6, 1995 SECTION: Ordinances and Resolutions DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration--C. Jullie, Resolution Certifying Property Tax Levy C. Dawson Payable in 1995 and Adopting 1995 Budget Vil.A Requested Action: It is recommended that the Councll adopt the resolution certifying the property tax levy payable in 1995 ($13,900,000 net tax levy) and adopting the 1995 budget ($22,058,500). Back&round: The City Council held the required "Truth-in-Taxation" hearing on Tuesday, November 29, 1994. The Council closed the hearing that evening, so it may now take fmal action on the proposed tax levy and budget. Minnesota statutes require that the Council certify the levy and adopt the budget by December 20. At the conclusion of the hearing, Councilmembers expressed concerns about $1.6 million in one-time revenues used in the 1995 budget. Staff will begin a budget analysis shortly which looks not only at the revenue and expenditure picture for 1996, but for a number of years beyond. We expect that a report will be delivered to the Council for its first meeting in April which will give a good picture of the magnitude of upcoming budget issues. The report should give us an indication of how to proceed with planned activities during the balance of 1995. Until that time, it is proposed that the following items be frozen pending the results of the budget projection report: $150,000 in technology purchases 125,000 in delay of hiring newly-authorized positions until 7-1-95 85,000 in seal coat and asphalt overlay projects (this amount is the proposed increase over the 1994 adjusted budget amount) 40.000 reduction in contingency ($50,000 would remain in the line item) $400,000 in withheld spending If the report indicates that these outlays remain within desired budget parameters, we will likely recommend that they be restored for the 1995 budget year. The 1995 projected year-end general fund balance is approximately $290,000. This amount may be revenue available for the 1996 budget. Supporting Document: Proposed Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION CERTIFYING THE 1994 TAX LEVY, COLLECTIBLE IN 1995, AND ADOPTING THE 1995 GENERAL FUND BUDGET WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 1995 General Fund Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City the following purposes: Taxes to be levied aqainst tax capacity General Fund Equipment Revolving Fund Bonds and Interest 1986 Fire Bonds Equipment Certificates 1977 Fire Bonds 1989 Recreation Facility Refunding Bond Special Assessment Bonds--City Share 1989 Public Facility Refunding Bonds Net tax capacity levy for certification Less HACA Less Fiscal Disparities distribution Net tax collectible in 1995 Taxes to be levied aqainst market value 1992 & 1993 Park Bonds 1994 Open Space Bonds Market value tax levy for certification Total net tax collectible in 1995 $12,012,228 450,100 229,000 948,000 86,000 357,000 500,000 249,000 $14,831,328 692,056 $14,139,272 646,272 $13,493,000 $ 292,000 115,000 $ 407,000 $13,900,000 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 1). ---------- Resolution Certifyinq 1994 Tax Levy, Colleotible in 1995, and Adoptinq the 1995 General Fund Budqet BE ZT FURTHER RESOLVED that the City Council declare its compliance with the "Truth-in-Taxation" requirements, having published a notice of Proposed Property Tax and Budget Hearing in the Eden Prairie News on November 25, 1994, and conducting the hearing on November 29, 1994. BE IT YET FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 1995 Budget for the General Fund and Debt Service Obligations totalling $22,058,500. Adopted by the City counoil Deoember I, 1994 Attest: Douglas B. Tenpas, Mayor John D. Frane, City Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12-6-94 SECTION: ORDINANCES & RESOLUTIONS ITEM NO. VII.B. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger SHADY OAK RIDGE 4TH ADDITION Donald Uram Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for Zoning District Change from Rural to RI-13.5 on 2.28 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Developer's Agreement 1ZlI.B.-1 SHADY OAK RIDGE 4TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the RI-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the RI-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 6, 1994, entered into between Joe Ruzic, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of October, 1994, 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 6th day of December, 1994. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on --------------------------- YII.. B. -l... Exhibit "A" Shady Oak Ridge 4th Addition Outlot A~ Shady Oak Ridge 2nd Addition :sf II . B. -3 SHADY OAK RIDGE 4TH ADDmON CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Rowland Road and Old Shady Oak Road, from Rural to Rl-13.5 on 2.28 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: lsi John D. Frane City Clerk PUBLISHED in the Eden Prairie News on the IslDouglas B. Tenpas Mayor ----------------- (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPER'S AGREEMENT SHADY OAK RIDGE 4TH ADDITION THIS AGREEMENT, made and entered into as of f\c.~ ...... b~r '=:, , 1994, by Joseph Ruzic, an individual, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to RI-13.5 on 2.28 acres and Preliminary Plat of2.28 acres into 3 lots for the construction of3 single family homes, all on 2.28 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No._-_ and Resolution No. , Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on October 4, 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. UTILITY 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 watermain across the rear of Lot 2 and fire hydrant-as shown on Exhibit B 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. v \\:. (S, .. $' 4. REMOVAL OF EXISTING METAL BUILDING: Developer acknowledges that the existing metal building on the property shall be removed should any of the following conditions exist: a) Prior to any clearing, grading, construction or development on Lot 3. b) Within 120 days of the completion and fmalization of the conveyance of any property interest or subdivision of Lot 3. . c) A period of 20 years from the date of this agreement. Developer further acknowledges that a deed restriction, in a form approved by the City, will be placed on Lot 3 to guarantee that the metal building wiil be removed as specified above. Evidence of the recording of the approved deed restriction shall be given to the City prior to the release of any building permit on the remaining property. Developer agrees to notify the City Planner once the removal work has been completed, and to arrange for an inspection of the property to ensure that the work has been completed and the property restored to it's natural condition and grade. 1ZJI.B.-b EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/6/94 SECTION: Petitions, Requests and Communications ITEM NO. VIII. A DEPARTMENT: Parks, ITEM DESCRIPTION: Skating Facility at Pheasant Woods Park Recreation and Facilities Stuart A. Fox Attached is a memo to Bob Lambert from Kurt Eggertson outlining a petition by the neighbors abutting Pheasant Wood Park and their desire to have a winter skating facility for the 1994-95 season. The staff has spoken with Mr. Eggertson and advised him that winter facilities are usually put into parks that have buildings and utilities, such as lighting, to support them. The long-rang plan for Pheasant Woods Neighborhood Park does have a space earmarked for a winter skating facility. Until a building and utilities constructed in that park, I explained that a mini skating facility would be the only option. The nearest skating facility to this neighborhood is Round Lake Park for hockey usage or the stating track at Staring Lake Park, which is available for free skating only. Future facilities that would be close to this neighborhood would be the possible winter facility at Miller Park. In the past when the staff has received petitions such as this for winter facilities, we have analyzed whether or not the area could be prepared in a way to permit skating without destroying large turf areas. The best place to put a mini rink in this park would be to do something similar to that currently being done in the Wyndham Knoll Park area; namely, put the rink on the infield surface of the ballfield. By doing this the only area of turf that suffers any damage due to plowing and freezing conditions is the small area used as the access point off the parking lot. RECOMMENDATION: The staff would recommend that because of the great interest shown in having a skating facility at this park for the 1994-95 season. The staff would also like to add that monitoring of this facility should be done to see how much usage it actually gets in relation to the type of weather that occurs during the skating season. SAF:mdd PWoods/Stu -1- 1 November 14, 1994 Mr. Robert Lambert Director of Parks Eden Prairie City Offices 8080 Mitchell Road 55344 Dear Mr. Lambert: ..... - I have enclosed a petition signed by 150 households requesting a non-supported free- skating facility at Pheasant Woods Park for this winter season. Each signature represents one household I believe this represents significant support for such a facility. As the petition itself states, we are' asking to have the baseball infield flooded to make a skating surface. ' Please present this petition to the Parks, Recreation and Natural Resources Commission as soon as possible. I am aware that this commission meets each first and third Monday of each month, making the next meeting November 21, 1994. Please let me know if this petition will be considered at the November 21 meeting. You can reach me at work during the day at (973-0514) or at home in the eveOings at (937-3518). Thank you. Sincerely, Kurt D. Eg son 14526 ViII ge Woods Drive Eden Prairie, MN 55347 -..;2- . " .... J. ·",i', PETmON FOR NON-SUPPORTED FREE-SKATING FACILITY AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks. Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and households for a non-supported free-skating facility (flood the softball infield) at Pheasant Woods Park for the 94-95 Winter Season. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (warming house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-supported facility might result in consideration of an accelerated timetable for implementation of a fully-supported facility at Pheasant Woods Park. Name Street Address Phone 1 ii:E..,Bd'9rJri 11;")'(' V'/Lt~ U4¥OS 1>11. 9~V3fi<j/ ~ stag".; ~ II~ JIJj,$# tI~~ tJkiJ 'tQ5n 'J --\l1-\7'~~~d~:.J ~1.j44D v'hlo.~f Q~ qlj~-(H3De .. .• 1'I'f/6 V;~~~~ ~~~.5~...;....;Re ~~/ 1/1£~A6.-td~:r-ft> ~~....::-----=-..;~~, /'rrz:c"';j ~u L'3 I ~ If( i 0 t \-t~"iL 2J Cl\) vS , ; f . 6·{"6~ 7 ____ ~~'_+_'"tt~/y..cG3 v'1tg;e. MOllS 9.32~76..3 8,~~~.!..-I4-J-~~--=-1-=.....:4 ~8'-L--L ~ CJtMtlaih 0 q 81-'iJ I z. 5'" ~~...:.-:;.:..;:--=---_ L 'lin ;£"O,46"Jd,;P/?o (Pt-.P'~ ~.1 Ii'\ 937-'17'/0 ~-=.t--=--+J~ -.....;.:...;.-=---:-_---L~ -=--~IA-=~=-=-.q...::......;. UA~~ __ !t:::I-_ eJ'1 .. . -4-fl~~I1£....=...!:::~ =-=-------!=:~~;......._----i ~~~~~.::.......!C..a..!....:..J v~e 93'1-&JO;;L -~~~ ----r-~:.......v--\ 1Atf Wfi(~ a cf7t-~ \li6JL \l,\iS;hd~ ~. %1 0 "l'U3 Yh,-~ I~GD ~Do, CU~ 0~~ 14-3'5,;& ~ 9#-;:(/732; -3- PETITION FOR NON-SUPPORTED FREE-SKATING FACILITY AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks, Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and households for a non-supported free-skating facility (flood the softball infield) at Pheasant Woods Park for the 94-95 Winter ~eason. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. \ -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (warming house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-supported facility might result in consideration of an accelerated timetable for implementation of a fully-supported facility at Pheasant Woods Park. Street Address Phone O~111(~~IrT(f4 {vL-15 Y-'iS, 0 r-c=~~~~~=-__ gL 39 ~ '13 cf -11-1 ~s~ v~~~~~~ ___ ~_fosCj' ~ '----:------tt--___ f4_17 7 V il1{to-we') -++~~~ ____ -u-t·t(Jlj !~ a1--U 930-£//~ q"2; 7-6L//~ ~4~ ...JJ-;b(.l.,~f/1~~ 9~-'''~")¥~ ~'C!:.~::::Z~~7'------8' I %<-4::,'7{c... cJ'o. 0):7-}-j' !Y PETITION FOR NON;'SUPPORTED FREE-SKATING FACILITY . AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks. Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and houseftolds for a non-supported free-skating facility (flood the softball infield) at Pheasant Woods Park for the 94-95 Winter Season. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. . -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (wanning house. lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-suppoi:ted facility might result in consideration of an accelerated timetable for implementation ofa fully-supported lacilio/'at Pheasant Woods Park. Signature . Street Address Phone ·1 iII""-ScliAt i~ 2 ;11,.41'11,4# WA~SIi ;~. .&f7I WrGSS tn. /9. in -OZ~-2 3 ~\.\~-G·~fLC.Arzo ~~~~.u..L-_ FQ(otj ?crVl Ln fOP 9(N-<.{q[D 5®i~p.ea::sLN£P ~!1'EilK'1 %2.SCt. ~ (tA C}'I1-~q76 8r:>l $''1' CY(PfGss ~. 73 '7 -8.3 9/ ¥,z,sv . ~ hv 9~~~~~ .:;.-E:~=----'-__ . '?JUS ~re55LN 10 ~ .. ~. ... -g).%!l~~ 8~ ____ ~~~~ ________ ~ ______ __ 7$7-,S7,/S- Q37-5/tVl C(1s"'('~~r I3JU,06 ~bu<-~ g;,{) r ~~< q14-:?bO~­ ZJct)~tJA4'\i: q.$7'~Z(!f 14~ IS~~,J ... Vos-7(;pr~lV 0/;-T~7i -5-- ?37-0 7c(7 PETITION FOR NON-SUPPORTED FREE-SKATING FACILITY AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks, Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and households for a non-supported free-skating facility (flood the softball jnfield) at Pheasant Woods Park for the 94-95 Winter Season. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (warming house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-supported facility might result in consideration of an accelerated . timetable for implementation of a fully-supported facility at Pheasant V! o6ds Park. Signature Street Address Phone fJf{-J"JJ} . PETITION FOR NON-SUPPORTED FREE-SKATING FACILITY AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks, Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and households for a non-supported free-skating facility (flood the softball infield) at Pheasant Woods Park for the 94-95 Winter Season. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (warming house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-supported facility might result in consideration of an accelerated timetable for implementation of a fully-supported facility at Pheasant Woods Park. Name Signature Street Address Phone I 9---{?q_~::';Z_' __ ~~~Ji~ 2~CO A-~~· +=OI---__ D.9~a~ rr\ili10Q~ rzd, 931-19 g''7 :=V, __ . -=~=-':'---L.Ji_-==:;=:-='~ =\=-~0; __ --..:.-1llIJ5rTivrw5 G.~ 7'31-~J~ ~~=----ft-J.,.~ ______ /cfLtL "n .. r<0-4 c!r-9J {'-j 7t/O 5.~'-I-___ ~_ ~~ __ I ~2~(/ l o t::z:=tJ-t..~ 9;J7--9?)/.;l 6~~_~..:::.::..-.::!...-:. _______ It./~o:l -rc>w{,~~ ~<2... ~l"loq~ 7---r-+t--___ +---:"\--r-_____ 1C//JO TLJtJer-J J-c-r.<-, 73YC;Y3~ '----_113/7 S~. . W~ '~f!i~~ jJI31R MJluLMr CJ9/-K'lt/Lf .P'-----b~LV_I'__ ~~-_I_/ rJ3r~~ 9j'704;2 ~ ~_--...::.. _____ ~/L/37;) ~ t:;C/'j-:J311& 8,--+4;L-_----1'-4- 14':JS::> ~ U)Cj c13l/-f,.~'iI1 l3y[ ...::.J1::fo.,.------,---:--___ / :3.5 {' ! _---= __ _ ,,(JJ~m,~ 1¥3S'l~· ~ttr-3!iJ IS a~f~ _~!f~3~ So-vuvl uJd Q31cJ/ /~ 12. __ ~~~~~~~~---__ ----_ PETITION FOR NON-SUPPORTED FREE-SKATING FACILITY AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks, Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and households for a non-supported free-skating facility (flood the softball infield) at Pheasant Woods Park for the 94-95 Winter Season. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (warming house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-supported facility might result in consideration of an accelerated timetable for implementation of a fully-supported facility at Pheasant Woods Park. Name Sismature Street Address Phone 1 rnf-J~IV/f .S-1,~~(51Jj;w1) §;Y'..t-U 10;1 (.:u,,{}f)lj a. / 2 I-.och ,inw _______ 1413~ Lavnwck-f Yr ROJm~ /i2w1U~ )4Dbb COJlfrrw.~ ,Dt 4 i!--rkn ~ hvn ~ , \~~i~ Lf~~~~$rffL 6(lLli._ ~~v--y2b;~ ________ I'(05·' C'AD"o!y.JJc 117-[Zuy 7 f?i1~~({{ild{fi (!lw!:~') tilzt~\. 1*13 Utrl4c!1V Dr· Q54"4/p;l.J?'~ I ?' ) '+ 0 30 CCtNQO-:1'1 Yr CUr q -9; rr 1 6.,0 :) ~ CA.9.ft, d»Y'I~ q Sr--IYr2;- 8-J-!-~~~""'drlo.f~ --\-~",,-",,--Z....-.~J ...... fc~-( t 1 tJ 9 g ~ t 6 (tV' oJ T Dr-. Cf 5 1-) J J l.p /~~~~z:~~ 10 b:''Jad' btlLA.... kuk & M/J th'IP<'t/iJ{, 17s-'tft;)/ 11 f3t5J.J H 6 \(.014 (4 t <0 '1 CA {Lf"4 0\)'( CJqq rO~BO '141-]lf71 PETmON FOR NON-SUPPORTED FREE-SKATING FACILITY AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks, Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and households for a non-supported free-skating facility (flood the softball infield) at Pheasant Woods Park for the 94·95 Winter Season. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (warming house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-supported facility might result in consideration of an accelerated timetable for implementation of a fully-supported facility at Pheasant Woods Park. Name ~Si!Kru!!!!!~ Street Address ii;uc K!;t7T!!~~~~1Z44-~ wr t!;lre~d 2 ~. ~y\ 1)0\ \"1~~ ~c1" ~ (it+-Jr. ~I b()/A r--f r)R. ~",c;:.,~'VV ]2.~"'Tr-_.....£.o£.---\-,-~ ~ _______ S';,l-cy....L..!-r1-'--{jJ.l.-!.-..:LJeWf~ ___ _ 13.---J~~~~a.::: ~~ _____ 1l/~51 ~L~ Lmll< )4~-+-+-+----+-='~ -.!.... ____ Hd: f((c¥'W LA., l~ }{It'ffJJ@!:::' I12lteJ'd\~'J1Mbcn 14-2-5FT()i/1) ltrt 3i,lW...! -9'- Phone ?3'/-t2-¥d. q'J7·'~3{d... ~ . C{~l:" l <., 0\ \ '134, </f/.10 9#-1'/97 '7.3 ±~ /Jc;J-. CI4q-3s7~ 937 -Jbf:r ~ <. \ r-, . 3 -/ \5) 7l.(7"-/ /?? Cfct1'-d O /7 9.B i./ -? 9 tJ P 11/i-7?)(/~ q75-hvt7 PETmON FOR NON-SUPPORTED FREE-SKATING FACILITY AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks. Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and households for a non-supported free-skating facility (flood the softball infield) at Pheasant Woods Park for the 94-95 Winter Season. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (warming house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-supported facility might result in consideration of an accelerated timetable for implementation of a fully-supported facility at Pheasant Woods Park. Street Address Phone lLo{tN tt}Ofttf2,5tX /¥cl.17 (f)"M~PY.$( CjY'I-bqg'l ~~~.,.:....L-:~.=:.L.::=l--• f4-J2} CArtfhoDY Dr? ~ 4'1 -j]SJ --'-~--A~-:';"'--- /13:d-~~ 5 ,6rel1.dA-jddlytp-yv[ ,~/Ied~~~( 1'/1jZ-'(fru,.t ah.7 6 WtJt A1, .... J f'tJf )f0r .. L.,11 4 ,ot7L"f .s £va n S () N 7 /-Ee HEt:./(bMbl/) ~~ fI'I.£.:(M~/ .Db ~S5~ I)JI 3~ ~,Uo fvl""plVl 9'~/./ g. 10 M\(~~e 1-1.5,+- -~~-':"";"'-=74~1!!:..1-_ 9t/1tJlj57j 131)--/1 17 , 7..11'-t/71 94Cf ~ J4 13 PETITION FOR NON-SUPPORTED FREE-SKATING FACILITY AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks, Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and households for a non-supported free-skating facility (flood the softball infield) at Pheasant Woods Park for the 94-95 Winter Season. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (warming house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-supported facility might result in consideration of an accelerated timetable for implementation of a fully-supported facility at Pheasant Woods Park. Name Signature Street Address 1 Zb-o v::.b \" {q rOOv.ff t.2b"-\b~,kt\ I\.ct~ (:;.~: .-=?-~\c, G·~C \ r t'C 0- Phone '9$t(~~22 &?3t/ ~61 9;:/ ~ tj&.) J 9~-f9I/ I U ~V~f 159~~ L-.i-<13+&7;2- } 11 g 50 V,I '*Lort 5f J L/9-JW I"->G--.:...r,f-"----~~O U1AfJJA 1H1f-!bIt' c;q9 ~a i -1/ ~ PETITION FOR NON-SUPPORTED FREE-SKATING FACILITY AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petition is presented to the Eden Prairie Parks, Recreation and Natural Resources Commission to demonstrate the desire and support of the following individuals and households for a non-supported free-skating facility (flood the softball infield) at Pheasant Woods Park for the 94-95 Winter Season. It is understood that low usage of the proposed non-supported free-skating facility would mean that its maintenance (flooding and snow removal) might be discontinued. -Further, it is our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (warming house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it is hoped that high usage of the non-supported facility might result in consideration of an accelerated timetable for implementation of a fully-supported facility at Pheasant Woods Park. Street Address \ K~~~ ~~_ iS1j3 thAcl4nM: 2 V(1,t~ Af'dce(~ f f'.-~ -.Ji,~..b= '-2139 /lbJWJ,H,d-Ave.., 3~~~-r ftiYle6 <D'S"35' ~f1tATJM- 4 ~~ ()~ ~.?/ d.caJ~ 5 It, ~ \iu hh-,'l3 z:J It(rAI.U~ 6 (}.Jt;v f!1 adri ~ 1!Ia;pf;i, ~s t-H Cl/m0fln.., . '" Phone 93c/(J/Y3 q3'-f-63/~ 737--~7'r· 7~.e..-~ ~ ~ '6S11 P0.(;uv~ 8 dJ)W\~ ~~ ~ '$]S\o ~~N~~ 9 ~1n~ #-&lk )16')0 I-tf,4w"Tti)q cCrs--33 ~ Q. 1O~~&LaL qL/q., ZOz(' ll---::::""'---or; ___ --=::;p=-.~::::::::::::~---_=_-________________ _ \2 C;1bll~i4 Afl· vi&!' f'tC,7 ih'AA..-tN t:l,,~~ K'f'(~ Hiqw<t~ A-If<" 9Vf-372.6 wJ!.J " \ \ -------------- rg{3f tb~k 91S-'d:1t~ ---/ d--- PETITION FOR NON-SUPPORTED FREE-SKATING FACH.rrv AT PHEASANT WOODS PARK For the 94-95 Winter Season -This petiti is presented to the Eden Prairie Parks, Recreation and Natural Resources Commission to demonstrate the desire d support of the following individuals and households for a non-supported ftee-skating facility (flood the so I eld) at Pheasant Woods Park for the 94-95 Winter Season. It is understood that low usage of the proposed I -supported ftee.skating facility would mean that its maintenance (flooding and snow removal) might bediscon' . -Further, it our understanding that the long-range plan for Pheasant Woods Park includes a fully-supported skating facility (w . g house, lighted hockey rink and lighted free skating area). Although not specifically requested herein, it . oped that high usage of the non-supported facility might result in consideration of an accelerated timetable implementation of a fully-supported facility at Pheasant Woods Parle. Name Phone Ivi), t/~..s/AdC ~57~.£ --/-u/'ii;,-d~ '1i.f'i-tiZtL 11i79 eAeSi?tl£t DR.. 9t/3-2b 77 4 ____ tft-___________________________ _ s ____ tft-___________________________ _ 6 ____ tH-___________________________ _ 7 ___ ----11+1--___________________________ _ 8 ____ m--___________________________ _ 9 ----+ti---- 10 ------1#----- ll ___ --!-!+--___________________________ _ 12:-.-__ --!-!+--___________________________ _ 13 ___ ~++_---________________________ _ 14 ___ ---1-+-___________________________ _ 15 ___ ---'-+--___________________________ _ _ /3- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 12/6/94 SECTION: Petitions, Requests and Communications ITEM NO:1lJ]I; 13 DEPARTMENT: P~ ITEM DESCRIPTION: Request from Sever Peterson Robert A. Lambert REQUEST: Attached to this memorandum is a letter from Sever Peterson, 15900 Flying Cloud Drive, requesting the City Council consider allowing him to acquire two small parcels of property from Lynn Charlson which abut his homestead property. The request is made to the City of Eden Prairie because the City currently has a purchase agreement with Lynn Charlson on property that includes the two parcels Mr. Peterson would like to acquire. The two parcels are part of the 55 acre natural resource site that will be acquired from Lynn Charlson for purposes of preserving native prairie and oak savannah. Also attached to the letter is a copy of a map depicting Mr. Peterson's homestead site and the two parcels Mr. Peterson would like to acquire. RECOMMENDATION: City staff recommends the Parks Commission and the City Council approve Mr. Peterson's request to allow him to acquire both parcels. Parcel #1 juts into the Peterson homestead and, in fact, is surrounded on three sides by the Peterson homestead. This property is mostly a wooded parcel. By allowing Mr. Peterson to acquire this parcel, it squares off the property line. Parcel #2 is located immediately east of the Peterson house and is a hillside used by the Petersons for approximately 60 years. The Petersons were under the understanding that their property line began at the fence and continued westerly. The property is torrens property or the Petersons would most likely have a very good case for adverse position, as they have used this property as part of their farm homestead for many years. Due to the type of use both parcels have received because of the proximity to the farmstead, neither site contains native prairie nor oak savannah. The first parcel is approximately .19 acres and the second parcel is approximately .66 acres, thereby reducing the cost of the Charlson property by approximately $17,125. Mr. Peterson has also requested the City consider selling a third parcel north and east of his farm site to straighten the property lines. This parcel contains approximately 1.61 acres and extends further up the hill to the north and east. City staff does not recommend allowing Mr. Peterson to acquire that property, as that does get into the type of property the City is trying to preserve. If the Council authorizes Mr. Peterson to acquire this property, staff would recommend that Mr. Peterson acquire the property from Mr. Charlson at the same time or prior to the City acquiring the Charlson property. As this is torrens property, Mr. Charlson will be platting this portion of his property to describe these various parcels for the purpose of this sale. If negotiations between Mr. Peterson and Mr. Charlson delay the sale of the Charlson property to the City beyond January 15, 1995 staff would recommend the City acquire the entire site. 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I I I I u I '" I I ~,' I '-.}f- I I DATE: CITY COUNCIL AGENDA December 6, 1994 SECTION: Petitions and Requests DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Administration--Request of the Eden Prairie members of the C. Dawson Minnesota Coalition of Responsible Retailers to VIII.C propose amendments to ordinance regarding regulation and use of tobacco products Back&ronnd: Members of the Coalition who are also members of the City's Tobacco Ordinance Task Force have submitted a report and proposed amendments to the City's current ordinance regulating the sale and use of tobacco-related products. They will make a presentation of their issues and proposals to the City Council during the Council meeting. To summarize, the retailers propose: 1) Administrative penalties for license violations 2) Allowing 16-and 17-year-old clerks to sell tobacco-related products 3) Requiring that retailers certify that their employees have proper training regarding the sale of these products 4) Allowing tobacco-related products to be sold through self-service merchandising in plain view of store employees 5) Having retailers pay the City for the expense of hiring minors to conduct compliance checks 6) Requiring uniform signage in Eden Prairie warning customers that tobacco products will not be sole to minors and that identification will be checked. The retailers are requesting that direction be given to the Task Force so that the Council may take action on any amendments to the Ordinance by the end of this year. , 100 CORNELIA BUILDING 4005 WEST 65TH STREET MINNEAPOLIS, MINNESOTA 55435 Mayor Douglas Tenpas City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 THOMASA. BRIANT PROFESSIONAL ASSOCIATION ATTORNEY AT LAW November 18, 1994 TELEPHONE (612) 925-3001 FACSIMILE (612) 925-4203 RE: Eden Prairie Retail Tobacco Ordinance Dear Mayor Tenpas: I am writing on behalf of the Eden Prairie retailers that are licensed to sell tobacco products. The retailers desire to make a report to the city council at its December 6, 1994 meeting and request that the city council amend the current tobacco ordinance by the end of this year. Please reserve time on the December 6th agenda for the report by the Eden Prairie retailers. Please contact me if you have any questions. cc: Eden Prairie Retailers Sincerely yours, THOMAS A. BRIANT, P.A • . ~~ A. Thomas A. Briant Attorney at Law , A REPORT TO THE EDEN PRAIRIE CITY COUNCIL AND A REQUEST TO AMEND THE EDEN PRAIRIE TOBACCO ORDINANCE November 30, 1994 Dear Mayor Tenpas and Council Members Harris, Jessen, Pidcock and Tyra-Lukens: The Eden Prairie retailers that sell tobacco products need your support to amend the current tobacco ordinance by the end of this year. Your support is urgently needed because the requirement under the current ordinance that only persons 18 or older be allowed to sell tobacco products has resulted in a very serious employment problem becoming a critical situation. We ask for your understanding as you read this report and request your help in amending the ordinance. All of the Eden Prairie retailers that we have talked to about this issue wholeheartedly agree that they are in business to sell tobacco products to adults only. That is, we have the same goal as you do; namely, prevent the sale of tobacco products to minors. In August, the Eden Prairie retailers requested the city council to consider alternatives to the current ordinance which was adopted in June. The city council's decision to appoint a task force to review alternatives was a very positive step toward working together to prevent the sale of tobacco products to minors. Numerous alternatives have been discussed in two task force meetings held in September. The alternatives proposed by the retailers will strengthen the ordinance. The alternatives include new enforcement tools available to the police and the city council. In addition, the alternatives include different methods to prevent the sale of tobacco to minors which have less of an impact on both the profitability of a retail store and the ability to hire and retain responsible employees. The current ordinance and our alternatives are discussed in detail below. THE CURRENT ORDINANCE AND ITS IMPACT ON RETAILERS The current ordinance prohibits all self-service displays of tobacco products. This means that all tobacco products must be kept behind a store counter or in locked cabinets on the store floor which must be opened by an employee for adult customers that desire to purchase tobacco products. The current ordinance also requires that a clerk selling tobacco products must be 18 or older. 1. As of the end of September, there were at least 42 clerks and cashiers under the age of 18 working for Eden Prairie retailers (please refer to the enclosed chart). Under the current ordinance, their jobs may be in jeopardy. Moreover, numerous clerk and cashier positions remain unfilled because of the inability to hire responsible 16 and 17 year olds. Some retailers simply do not know how they will continue to staff their stores because of the 18 year old requirement. 2. A Minnesota law may also expose Eden Prairie retailers to potential lawsuits if employees under the age of 18 are terminated or applicants under the age of 18 are not hired because they are 16 1 or 17. Under Minnesota Statutes Section 181.81, a private employer cannot terminate, demote or refuse to hire someone on the grounds that the person has reached an age of less than 70 unless a federal or state law specifically authorizes such action. While the intent of the law is to prevent the early retirement of a person younger than the age of 70, terms in the law are written broadly. A literal reading of the first sentence of this law could mean that an Eden Prairie retailer would be violating this law if the retailer terminated or declined to hire a 16 or 17 year old person. Minnesota Statutes Section 461.12, which gives a city the right to license and regulate tobacco sales, does not include any mention of an age restriction for persons selling tobacco products. For retail liquor sales, Minnesota Statutes Section 340A.412(1O) requires that a person be at least 18 to sell liquor. In other words, there is no specific authorization in state law allowing or requiring tobacco retailers to hire persons 18 or older while there is such an authorization for selling liquor products. Without a specific authorization, an Eden Prairie retailer that complies with the 18 year old ordinance restriction could be violating Section 181.81 and the possibility exists that an employee that is terminated or an applicant that is not hired because of their age could sue the retailer under the specific provisions of this law because the retailer complied with the city ordinance. In order to prevent this possibility, the state law granting regulatory powers to the cities to regulate tobacco sales would need to be changed to include the requirement that only persons 18 or older be able to sell tobacco products. We do not know of a case where a 16 or 17 year old has used the age discrimination law to sue a retailer. However, numerous 16 and 17 year olds currently working for Eden Prairie retailers will be affected by the ordinance unless an amendment is adopted. We would hope that we are not the first retailers challenged under this state age discrimination law by a terminated employee or an unsuccessful applicant. 3. The current ordinance would require the remodeling of store counters to accommodate all tobacco products. This remodeling would be costly. Significant alterations would need to be made to many store counters to create additional space. At grocery stores, a special service counter may have to be built and staffed separately because there is not sufficient room behind check out lanes to store tobacco products. 4. Retailers would lose tobacco manufacturer allowances paid for display racks and shelf space. A number of manufacturers of different products pay retailers display and shelf space allowances, not just tobacco manufacturers. These display allowances assist a retailer in maintaining profitability. These effects have and will become very real for Eden Prairie retailers. As a part of the business community in Eden Prairie, the retailers desire to avoid these effects while, at the same time, remain committed to preventing the sale of tobacco to minors. RECENT ACTIONS BY OTHER MINNESOTA CITIES In the past several weeks, other Minnesota cities have revisited previously adopted tobacco restrictions or considered proposed restrictions. In June and July, respectively, the Delano and Monticello City Councils adopted ordinances that prohibited self-service merchandising of tobacco products. The Delano and Monticello retailers requested that the city councils reconsider the ordinances 2 and allow self-service sales of tobacco products so long as the displays were in the plain view and immediate vicinity of a responsible employee and require that all retailers train store clerks on how not to sell tobacco products to minors. Just two weeks ago on November 14th and November 15th, respectively, the Monticello and Delano City Councils amended their tobacco ordinances to allow self- service tobacco displays as proposed by the retailers. The Monticello city council also adopted a requirement that all retailers train employees to prevent the sale of tobacco to minors. On November 22nd, the Waconia City Council was asked by the Carver County Health Department to adopt an ordinance virtually identical to the Eden Prairie ordinance (Le., no self-service merchandising of tobacco products and no under 18 year old clerks). At the November 22nd council meeting, the Waconia retailers reported to the city council that they did not experience a theft problem with tobacco displays because of careful inventory control counts and that they would have to layoff 16 and 17 year old clerks if the ordinance passed. A 17 year old cashier also testified that she needed to keep her job to help for college. The Waconia City Council voted unanimously to not adopt the ordinance. Earlier this year in February, the Bloomington Advisory Board of Health requested that the Bloomington City Council adopt an ordinance again virtually identical to the current Eden Prairie ordinance. After listening to retailer concerns about the ordinance and efforts taken by retailers to prevent the sale of tobacco to minors, the Bloomington City Council did not adopt the ordinance. REQUEST FOR AMENDMENTS TO THE EDEN PRAIRIE ORDINANCE During the September task force meetings, we suggested several amendments to the current ordinance. We ask that the city council support the adoption of these amendments as listed below: 1. Provide for administrative penalties if a retailer sells tobacco products to a minor. $500.00 for the first violation, $750.00 for the second violation and license suspension for a period of time for the third violation. These penalties are necessary to ensure enforcement of the ordinance. 2. Allow clerks that are 16 and 17 years old to sell tobacco products provided that an adult manager or supervisor is on the store premises during the time that a clerk under 18 is working. 3. Require all retailers to certify on their annual tobacco license application that all of their employees have been trained regarding the laws pertaining to the sale of tobacco products. All clerks would be required to sign an affidavit that they understand the laws regarding the sale of tobacco products and retailers would file these affidavits with the Eden Prairie Police Department. 4. Allow tobacco products to be sold through self-service merchandising provided that they are in the immediate vicinity and plain view of a responsible store employee. Retailers should install manufacturer shelving units equipped with plexiglass shields that allow only a single carton to be removed from the shelf by a customer and which sound a warning chime when tobacco products are removed from the shelf. New stores being constructed or existing stores that are being remodeled would be required to place all tobacco products behind a store counter. 5. Assist the Eden Prairie Police Department by providing 16 or 17 year old store clerks at the retailers' expense to assist with tobacco sales compliance checks. 3 6. Require a uniform signage program for all Eden Prairie retailers warning customers that tobacco products will not be sold to minors and that identification will be checked. The stiffer penalties that we propose will enhance the enforceability of the ordinance and send a clear message to retailers that selling tobacco products is a serious matter that will result in significant fines and potentially the suspension of the retailer's license. The real solution to minors purchasing tobacco products is to train the store clerks to require identification before the product is sold. Many Eden Prairie retailers have an in-house training program for employees. By training employees, the clerk, as the final decision maker in the sale of the product, is able to appropriately respond by requesting identification and not selling tobacco products to minors. Whether tobacco products are placed on accessible store shelves, on the store counter or behind the store counter, a customer must still hand the tobacco products to a clerk to ring up the sale or be assisted by a clerk to obtain tobacco products. In both instances, the clerk determines whether the tobacco products are sold. It is for this very reason that proper training of clerks to request identification is the key to prevent minors from purchasing tobacco products. Several managers of retail stores have tried to be present each time a 16 or 17 year old clerk rings up a sale of tobacco products. By doing so, the managers have found that their duties are constantly interrupted which prevents them from accomplishing their other responsibilities. Training clerks and requiring an adult to be on the store premises to assist a clerk if help is needed is a workable alternative to the current ordinance. Eden Prairie retailers are responsible business people sincerely believe in not selling tobacco products to minors. These retailers tell us that their 16 and 17 year old clerks are also responsible young people who do their job well. Society allows these young people the privilege of obtaining a driver's license and driving a car. We expect these young people to abide by the traffic laws and operate a car in a safe manner. We need your support to extend this same level of responsibility and trust to the 16 and 17 year old employees who work at the convenience stores, grocery stores, drug stores and gas stations in Eden Prairie and allow them to sell tobacco products. Allowing tobacco products to be displayed through self-service merchandising will prevent the loss of significant revenue paid to retailers by tobacco manufacturers. These display allowances are also received from pop bottlers, dairies and other manufacturers who are paying for display space in our stores. Requiring tobacco products to be in the immediate vicinity and plain view of employees will help to ensure that the product is watched very closely. In fact, most retailers conduct multiple cigarette counts each day to guard against theft. Theft of tobacco products is not a serious problem according to the retailers. Many retailers have also installed security surveillance cameras to maintain constant watch over tobacco products. We also want to actively participate in the enforcement of an amended ordinance by providing 16 and 17 year old clerks at no cost to the city to assist the Eden Prairie Police Department with tobacco sales compliance checks. Moreover, with the assistance of SuperAmerica and Norseman Oil, Inc. (which operates three Amoco service stations in Eden Prairie), the retailers want to design and print uniform signage that all retailers must display which warns customers that tobacco products will not be sold to minors and that identification will be checked. The retailers, parents, teachers, residents, police and the city council all have an important role 4 to play in preventing minors from purchasing tobacco products. We have been working very diligently on this issue and are willing to do everything we possibly can to be a part of the solution. As local business people, we ask that you trust our resolve to work on this issue and request that you support us with your vote to amend the current tobacco ordinance. For your review, we are including a redline draft of the current ordinance with our suggested amendments. We truly appreciate your willingness to consider amendments to the ordinance and we look forward to the opportunity to talk with you about this important matter at the December 6th city council meeting. Respectfully Submitted By: David Edquist, Eden Prairie Task Force Member and Area Manager for SuperAmerica Terry Johnson, Eden Prairie Task Force Member and Manager for Synder Drug Store in Eden Prairie 5 EDEN PRAIRIE TOBACCO RETAILER POLL RETAIL STORE I OF DESIRE TO HIRE ADULT RINGING CLERKS MORE CLERKS UNDER EACH TOBACCO UNDER 18 18? (YES/NO) SALE WORKABLE? (YES/NO) Brooks Food 0 Only adults hired Not applicable. Market 151 since one clerk operates store at certain times. Cub Foods 2 Yes No Driskill's 5 Yes No Super Valu Jerry's 4 Yes No NewMarket Mark's Amoco 0 Yes No Mark's Aztec 0 Yes No Amoco Mark's Highway 0 Yes No 5 Amoco PDQ Store 1 Yes No Preserve 7 Yes, and adult No Rexall Drug clerks also. Snyder's 3 Yes No (Prairie Center Drive) Snyder's (West 6 Yes No 78th St.) SuperAmerica 2 Yes No #4159 SuperAmerica 1 Yes No #4269 SuperAmerica 1 Yes No #4441 Tom Thumb #269 1 Yes No Tom Thumb #275 2 Yes No Tota1Mart 1 Yes No Walgreen's 6 Yes Yes, but would prefer adult to be on store premises. Total 42 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 5.35 "TOBACCO" BY AMENDING SUBD. 1, 3, 5, and 7. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA ORDAINS: Section 1. City Code Section 5.35, is amended to read as follows: SECTION 5.35. TOBACCO Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that substantial scientific evidence exists that the use of tobacco-related products causes cancer, heart disease and various other medical disorders. It is further the finding of the City Council that the present legislative scheme of prohibiting sales of tobacco-related products to persons under eighteen (18) years of age has proven ineffective in preventing such persons from using tobacco-related products. The City Council has concluded that minors have ready access to self-service merchandising, including vending machines, which sell tobacco-related products and that the prohibition of the sale or dispensing of tobacco-related products through self service ii;;m':i:9IiGaii;1p,_le~ii"!!!~':!!!!l'~!:~Q!:~~'!!,!!! welfare of the residents of the City, particularly those residents under eighteen (18) years of age. The City Council has further eoncluded that the prohibitioH of the sale of tobaeeo related pro duets by perSOHS uOOer eighteeH (18) years of age will promote the health, safety aOO '/lelfare of the resideHts of the City. Subd. 3. License Required. A. No persons shall keep for retail sale, sell at retail or otherwise dispose of any tobacco-related product at any place in the city without first obtaining a license therefore from the City. No license shall be issued for the sale of tobacco-related products at a movable place of business. BG.. Every license shall be conspicuously posted at the place for which the license is issued and shall be exhibited to any person Subd. 5. Prohibited ,",a.£;:,~ A. No person shall sell, offer for sale, give away, furnish, or deliver any tobacco- related product to any person under eighteen (18) years of age. B. No person shall sell or dispense any tobacco-related product through the use of vending machines or self service merchandising. GIl Subd. 7. Penalties. A. The penalty provisions prescribed in Section 5.99 of this Code shall apply to violations of this Section:- B. It shall be a petty misdemeanor for anyone under eighteen (18) years of age to use, purchase, attempt to purchase, or possess tobacco-related products. RICHOORLOG Vice President Retail Operations 6121936-2402 Eden Prairie City Council Eden Prairie City Hall 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor and City Council Members: Nov. 28, 1994 On behalf of Snyder's Drug Stores, Inc., I urge you to support the amendments to the Eden Prairie tobacco ordinance being proposed by the Eden Prairie retailers. The amendments are reasonable restrictions in order to prevent the sale of tobacco products to minors. As a retailer, Snyder's Drug Stores, Inc., is committed to preventing the sale of tobacco products to minors. We are not in business to sell tobacco to underage persons. We want to work with you to be a part of the effort to prevent minors from obtaining tobacco. Parents, educators, retailers, police and city council members need to work as a team on the issue of minors and tobacco use. The proposed amendments to the current ordinance provide additional enforcement tools as well as take a progressive step forward by requiring all retailers to train employees on how not to sell tobacco to minors. Our clerks, be they 16, 17 or adult age, are just as committed to this process as all of you. They are trustworthy and responsible employees. Thank you in advance for your support ofthe proposed tobacco ordinance amendments. Sincerely, SNYDER'S DRUG STORES, INC. RO:sve SNYDER'S DRUG STORES, INC. 14525 HIGHWAY 7, MINNETONKA, MINNESOTA 55345-3742 f . EDEN PRAIRIE RETAILER TOBACCO ORDINANCE AMENDMENTS 1. Provide for administrative penalties if a retailer sells tobacco products to a minor. $500.00 for the first violation, $750.00 for the second violation and suspension of license for a period of time for the third violation. These penalties are necessary to ensure enforcement of the ordinance. 2. Allow clerks that are 16 and 17 years old to sell tobacco products provided that an adult manager or sUpervisor is on the store premises during the time that a clerk under 18 is working. 3. Require all retailers to certify on their annual tobacco license application that all of their employees have been trained regarding the laws pertaining to the sale of tobacco products. All clerks would be required to sign an affidavit that they understand the laws regarding the sale of tobacco products and retailers would file these affidavits with the Eden Prairie Police Department. 4. Allow tobacco products to be sold through self-service merchandising provided that they are in the immediate vicinity and plain view of a responsible store employee. Retailers should install manufacturer racks equipped with plexiqlass shields that allow only a single carton to be removed from the shelf by a customer and which sound a warning chime when tobacco products are removed from the shelf. New stores being constructed or existing stores that are being remodeled would be required to place all tobacco products behind a store counter. 5. Assist the Eden P~airie Police Department by providing 16 or 17 year old store clerks at the retailers' expense to assist with tobacco sales compliance checks. 6. Require a uniform signage program for all Eden Prairie retailers warning customers that tobacco products will not be sold to minors and that identification will be checked.