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City Council - 02/19/1991
AGENOA EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 19, 1991 7:30 PM, CITY H U ALLuCOLL NCIL e LiCHCHAMBERS 760000UNCILMEMBERS: Mayor Oouglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Oawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Oirector of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Oietz, and Recording Secretary Roberta Wick PLEOGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENOA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council Meeting held Tuesday, February 5z 1991 Page 264 III. CONSENT CALENOAR Page 27B A. Clerk's License List B. Resolution Relating to Local Government Information System (LOGIS): Page 2B0 A rovin An Amendment to the Joint and Cooperative Agreement Resolution No. 91-12) C. A rove Settlement of Special Assessment Appeal for PIO Page 284 14-116-22-43, 0010, Levy No. 11647A� Franlo Roadtreet & Utility Improvements, I_CT2- 3�2 D. Final Plat Approval of R.G.. Read Addition located at the N.E. Page 286 uad_ant of Martin Drive andLorporate Wa eso ution No. 9 E. Receive Feasibility Study for Staring Lane Street & Utility Page 288 Improvements, I.C. 52-203 rgisolution iro-9 -38 F. Request for Revision to Park Use Ordinance regarding Household Page 289 Garbage being Oumped in Park Receptables G. Request from Camp Edenwood regarding Community Center Fees Page 291 H. Agreement with tnititin County for atuEllgg Assistance Funds Page 297 City Council Agenda Tuesday, February 19, 1991 Page Two IV. PUBLIC HEARINGS A. WELTER'S PURGATORY ACRES 6TH ADDITION. Request of Peter Andrea Page 306 Company for Zoning District Change from Rural to R1-13.5 on 10.95 acres into 7 single family lots, 1 outlot and road right-of-way to be known as Welter's Purgatory Acres 6th Addition. Location: North of Welter's Way and south of Sunnybrook Road. (Ordinance No. 7-91 - Rezoning, Resolution No. 91-42) B. CUB FOODS. Request of Super Valu Stores, Inc. for Zoning District Page 324 Change from R1-22 and PUB to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 9.81 acres; Preliminary Plat of 11.57 acre sinto 1 lot, 1 outlot and road right-of-way for construction of a 73,000 square foot building to be known as Cub Foods. (Ordinance No. 6-91 - Rezoning; Resolution No. 91-39 - Preliminary Plat) C. Vacation 91-03 Leona Addition and Leona 2nd Addition Drainage and Page 354 Utility Easements Resolution No.9 44y D. OUTSIDE STORAGE AND DISPLAY by City of Eden Prairie. Request for Page 357 amendment to City Code Chapter 11, Section 11.03, Subdivision 3.J.1. and 2., and by adding a new 4., to clarify regulations pertaining to outside storage and display in Industrial and Commercial Districts. (Ordinance No. 3-91) V. PAYMENT OF CLAIMS Page 362 VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation of Revised Flying Cloud Airport Noise Abatement Plan Page 363 (Continued from February 5, 1997— B. Petition for Hikeway/Bikeway Trail Along CSAH #1 from Spoon Ridge page 379 to Bennett Place VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES A. Public Discussion of Recommendation of City Hall Site Selection Subcommittee B. Report of Parks, Recreation & Natural Resources Commission - Page 386 Community Garden Club IX. APPOINTMENTS A. Board of Appeals & Adjustments (3 three-year terms commencing March T, 1991) B. Building Code Board of Appeals (2 three-year terms commencing March 1, 1991) City Council Agenda Tuesday, February 19, 1991 Page Three C. Flying Cloud Airport Advisory Commission (2 three-year terms) D. Historical & Cultural Commission (4 Positions: 1 unexpired two- year term, and 3 three-year terms commencing March 1, 1991) E. Human Rights & Services Commission (3 three-year terms commencing 1, 1991j F. ,P-arrkssne, Recreation & Natural Resources Commission (3 Positions: 1 o -year unexpired term, and 2 three-year terms commencing March 1, 1991) G. Planning Commission (2 three-year terms commencing March 1, 1991) H. Waste Management Commission (3 Positions: 1 two-year unexpired term, and 2 three-year terms) X. REPORTS OF OFFICERS A. Reports of Councilmembers B. Report of City Manager C. Report of Director of Parks, Recreation & Natural Resources 1. Recommend Student Non-Voting Members on the Parks, Page 390 Recreation&Natural Resources Comniss on 2. Review of Design for Amphitheater Storage Building Page 393 3. Recommendation to Hire an Adaptive Recreation Specialist Page 395 XI. OTHER BUSINESS XII. ADJOURNMENT EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TIME: 7:30 PM Tuesday, February 5, 1991 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager, Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock moved, seconded by Anderson, to approve the agenda. Tenpas requested the addition of one item under X.A. Councilmembers Reports (2) Meeting with Tom Mosgaller on Quality Management. Jullie requested the addition of item VI.B. Revised Military Leave Resolution, and X.B. Report of the City Manager: (3) Borchert-Ingersoll Bankruptcy Settlement. Motion to approve the agenda as amended carried 5-0. II. MINUTES A. City Council Meeting held Tuesday, January 22, 1991 MOTION Pidcock moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, January 22, 1991. Jessen noted two corrections on Page 4 of the minutes. In Paragraph 5, the first line regarding Kent Barker's statements should read "asked if there would be extra assessments....". The second correction was in the last sentence on Page 4 and should read "Gray said there was not a requirement...". Minutes approved as amended 4-0-1 with Harris abstaining. • is • City Council Minutes 2 February 5, 1991 III. CONSENT CALENDAR A. Clerk's License List B. Resolution Authorizing Participation in the Minnesota Municipal Money Market Fund ("The 4M Fund") Resolution No. 91-26 C. Final Plat Approval of Jamestown (located south of T.H. 5 and west of Mitchell Lake) Resolution No. 91-36 D. Resolution Authorizing Submittal of an Application for the 1991 Hennepin County Municipal Source-Separated Recyclables Program (Resolution No. 91-29) MOTION Jessen moved, seconded by Harris, to approve the Consent Calendar. Motion approved 5-0. IV. PUBLIC HEARTgS A. Order Improvements and Preparation of Plans and Specifications, I.C. 52-160 (Street and Utility Improvements on Dell Road between T.H. 5 and CSAH I and Scenic Heights Road between CSAH 4 and Dell Road (Resolution No. 91-40) Continued from 12/18/90 Jullie said staff had reviewed ways to make amendments to the project that would be more satisfactory to property owners. The new plans were reviewed with the property owners at a meeting on Friday, February 1. Dietz summarized the new plan with for the new road which would be a 32-foot-wide collector street to be assessed on a front-foot basis with no area-wide assessments for the project. The estimated cost was $100 per front-foot. It was recommended that right-of-way be dedicated by property owners for the complete project. • Dietz further stated that the plans called for a four-lane divided roadway on Dell Road and a two-lane roadway on Scenic Heights Road with turn lanes at intersections as appropriate. He said the • proposed project would be completed in four phases. Phase One would be from Highway 5 to the Highway 212 corridor; Phase Two would be east to west on Scenic Heights Road; Phase Three would be to connect the two pieces; Phase Four would be to complete Dell Road south of Scenic Heights Road at some time in the future. Be said the hope was that MnDOT would begin land acquisition in the Phase Three areas before const4uction began. 4 City Council Minutes 3 February 5, 1991 Dietz suggested that the Feasibility Study be revised for Phases One through Three and mailed to property owners. He further suggested that the public hearing be continued to March 5, 1991 Council meeting. If the project were to be ordered at that time, it could be designed, bids requested, final assessment hearings held, and right- of-way secured prior to awarding the contract. For Phase 3 either MnDOT acquisition would be requested or the City could work through the Right-of-Way Acquisition Loan Fund Program. Harris asked if the cost to the City would be $1 million or if this would be an additional cost. Dietz said that the total project cost was approximately $6 million. Approximately half of the cost would be assessed and half would be the City's share, so the estimated cost to the City would be $3 million, or $1 million more than the original financing proposal. Tenpas said he was concerned that the landowners in the area would not be able to do anything with the land with this project pending. Dietz said that it would be a handicap for the landowner but the land acquisition would begin as soon as possible during Phase One, either through MnDOT acquisition or through the Right-Of-Way Acquisition Loan Fund. Anderson asked whether a three-lane or four-lane road was better for the cost involved. He pointed out that Hennepin County has gone back to three-lane roads because it believed that three-lane roads could handle as much traffic safely as four-lane roads. Dietz • said that this had not been investigated fully; however, he said that volumes in the 13-20,000 range would warrant a four-lane facility. • Since the portion of the project Dell Road south of Scenic Heights Road was being delayed, designs of this portion had not been investigated at the present time. Dietz said that it was the turning movement that necessitated extra lanes and often a two-lane road was adequate if there were no accesses to the road. In the case of Dell Road south of Scenic Heights Road, the design needs would be investigated at a later date when more was known about Highway 212. Jessen asked if there would be landscaping in the divided roadway. Dietz said trees would be replaced as part of the Tree Replacement Policy. However, the center median would be 18 feet wide and too narrow for trees. Bill Gilk, 8485 Eden Prairie Road, said he would like to see work begin as soon as possible as he was unable to develop his property with the existing situation. He was in favor of the roadway but believed that the link between Phase One and Phase Two should not be delayed. He would like his property included either in Phase One or Phase Two. He also said he was interested in discussion of right- of-way dedication. He also asked that the assessment proposal be City Council Minutes 4 February 5, 1991 reconsidered as the two roads were collector streets with no particular benefit to the abutting properties. Curt Delegard, 5410 Mt. Normandale Drive, Bloomington, representing the Delegard parcel, said since they no longer had potential buyers, they were not interested in any roadway through the Delegard property. Steven Wagner, 8430 Eden Prairie Road, said that he had been victimized by developers who assumed that surrounding landowners • should share in the developmental costs. He asked that the Council: (1) Be certain what was assessed and what was levied against the properties; (2) Give consideration to property owners who had become caught in the developmental shuffle and to allow them to get out of the property and not be heavily taxed in the process; and (3) Consider rezoning so that if developers want a road put in, they would be required to purchase property for a fair market value from those persons not interested in development. Dan Blake, representing Centex Homes, expressed support for the project as presented. He requested that the Council work with Mr. Rutid and Mr. Wagner to build that section of the road in Phase 2. Dick Feerick, an Eden Prairie resident, said that a development company was in the cancellation process on the Delegard property. He said he liked the plan for Phase One, but would like to see the connection between Phase One and Phase Two done as soon as possible. Harris said she would be comfortable with ordering the improvements • and approving the concept. Tenpas said he would like to see the City be aggressive in the land acquisition. Dietz said he would prefer that MnDOT bought the land directly. He said it was difficult to speed the process for the Right- of-Way Acquisition Loan Fund. Tenpas said he would like to see staff explore ways to mitigate some of the problems the residents in this area were having because of the project. There were no further comments from the audience. MOTION Pidcock moved that this item be given concept approval and continued to the March 5, 1991 meeting. Seconded by Harris. Motion approved 5-0. • 1 City Council Minutes 5 February 5, 1991 H. EMS', CORPORATE HEADQUARTERS by Kraus Anderson Company. Request for a Planned Unit Development Concept Amendment to 109.68 acres; Planned Unit Development District Review on 5.63 acres with a waiver for a broadcast tower height of 120 feet; Zoning District Change from C-Reg to C-Reg-Ser on 5.63 acres with shoreland variances to be reviewed by the Board of Appeals; Site Plan Review on 5.63 acres; Preliminary Plat 7.2 acres into one lot and one outlot for construction of a 47,700 square foot building to be known as KMSP TV, Channel 9. Location: Northwest Quadrant of Viking Drive and Prairie Center Drive (Resolution No. 91-31 - District Change; Resolution No. 91-32 - Preliminary Plat) Jullie said notice for the public hearing was mailed to the owners of • nine properties in the project area and published in the January 16, 1991 issue of the Eden Prairie News. Ron Krank of KKE Architects, representing the proponent reviewed the plans through the use of maps and drawings. He pointed out that the size of the building would be 47,000 square feet with the potential for 15,000 square feet of additional space. The parcel was 5.6 acres. The tower would be 120-feet high with four microwave dishes. Stuart Swartz, General Manager of KMSP, expressed the company's desire to be part of the Eden Prairie community and thanked the City staff for the help and cooperation KMSP had received. Enger said the Planning Commission reviewed the proposal on January 14, 1991 and recommended approval subject to the staff report. The Planning Commission recommended approval of the latticework tower and the grant of a waiver from the City ordinance which specified only monopole towers; in this case it believed KMSP had met the criteria for granting the waiver. A waiver from the Ordinance will also be needed to proceed with Phase Two of the building which would be the extra 15,000 square feet mentioned previously. Enger also said that 1.2 acres on the site was an outlot which was being zoned from commercial regional service with the proposal. There was no site plan for this 1.2 acres at the present time, and the recommendation of staff and Planning Commission was at the time there was an actual plan for that area, the plan would be brought through the City Site Plan Review process. Enger also said that KMSP would like the building completed by November 1, 1991. Therefore, the proponent would like as strong as an expression as possible at first reading as to the Council's approval of the project. City Council Minutes 6 February 5, 1991 Lambert said the Parks, Recreation and Natural Resources Commission approved the recommendation on a 5-0 vote. Harris complimented the proponents and staff on a job well-done on this proposal. Tenpas asked Pauly if a letter of understanding could be written to the proponent stating that it was likely this project would proceed as planned. Pauly said he would be able to do that, stating in the letter that the proponent would be expected to comply with the conditions outlined in the staff report. Herb Margolis, account manager for the proponent, said the letter was that the Board of Directors of United Television needed this assurance before they could purchase the property. There were no comments from the audience. MOTION Harris moved that the public hearing be close and that Resolution No. 91-71 for PUD Concept Amendment be approved. Seconded by Jessen. Motion approved 5-0. MOTION Harris moved the approval of First Reading of Ordinance 4-91-PUD-1- 91 for Zoning. Seconded by Jessen. Motion approved 5-0. MOTION Harris moved adoption of Resolution No. 91-32 approving preliminary plat and direct staff to prepare a Development Agreement incorporating the Commission and Staff Recommended and a letter from the Mayor on behalf of the Council. Seconded by Jessen. Motion approved 5-0. C. AMOCO by Amoco Oil Company. Request for Planned Unit Development Concept Amendment on 21 acres; Planned Unit Development District Review on 21 acres with waivers; Zoning District Amendment and Site Plan Review within the Community Commercial District on 0.8 acres for construction of a gas station/food shop to be known as Amoco. Location: Southeast corner of Mitchell Road and Martin Drive (Resolution No. 91-34 - PUD Concept Amendment; and Ordinance No. 5-91-PUD-2-91 - Zoning District Amendment) Jullie said notice for this public hearing was mailed to 81 property owners in the project area and was published in the January 16, 1991 issue of the Eden Prairie News. City Council Minutes 7 February 5, 1991 John Bablock, representing Polk and Associate Architects, who had been retained by the Mitchell Five Group and Amoco Oil Company, explained the project with the use of drawings and maps. Enger said the Planning Commission reviewed this item at its January 14, 1991 meeting and recommended approval on a 5-0 vote subject to staff recommendations of January 11, 1991. Changes were summarized in a memo dated January 31, 1991. The Planning Commission recommended that independent signs for the gas station and food shop could be installed but that the signs be tied together in design for the entire shopping center. A detailed plan for thia sign design would be required to be submitted prior to construction of the facility. Lambert said the Parks, Recreation and Natural Resources Commission • approved the plan on February 4, 1991 on a 5-0 vote according to the staff report of January 11. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and adopt Resolution No. 91-34 for PUB Concept Amendment. Seconded by Anderson. Motion approved 5-0. MOTION Pidcock moved to approve first reading of Ordinance No. 5-91-PUD-2- 91 for Zoning District Amendment and direct staff to prepare a Development Agreement incorporating Commission and staff recommendations. Seconded by Anderson. Motion approved 5-0. D. IRRIGATION ORDINANCE by City of Eden Prairie. Request for amendment of City Code Chapter 11, Section 11.03, Subdivision 2.B and 3.G, entitled "District Standards" and "Screening and landscaping" respectively, requiring the installation of landscaping irrigation systems as part of the issuance of a building permit in the following zoning districts; RM-6.5, RM-2.5, OFC, N-Corn, C-Hwy, C-Reg, 1-2, 1-5, i-Gen. (Ordinance No. 2-91) Jullie said notice of this public hearing had been properly published in the Eden Prairie News. At Council's direction an ordinance had been drafted which would require in-ground irrigation systems in all zoning districts except single-family and public. He said the • Planning Commission considered the proposal at the January 14, 1991 meeting and recommended that Council not approve the ordinance. r 'j/ City Council Minutes 8 February 5, 1991 Pidcock asked how the irritation systems would be affected by a water shortage and rationing. Dietz said that the goal was that everyone complied with the odd/even policy so there would be no water shortages, but it was easy to cheat on this policy. He said that, because there was less wasted water with an irrigation system, perhaps this would be balanced out. In the long run, the extra number of facilities that would be affected by the ordinance would be limited. Anderson said he was in favor of a sprinkling system requirement because the City looked better when there was a watering system for berms and plantings. Jessen said even though sprinkling systems were more efficient than watering with hoses, he would like to consider looking at landscaping materials that would be drought-resistant and eliminate the need for sprinkling. Harris said she would like to continue the present policy without putting it into an ordinance, because she believed developers wished to keep their properties looking attractive and would be installing watering systems without being mandated to do so. Tenpas asked what percentage of developers had complied with the present policy. Enger said they all had agreed to comply with the policy. Harris asked if it were possible to achieve the same end through the • use of incentives such as reduction in the bonding. Enger said that with 100% compliance without an ordinance or incentive, he would question if either the ordinance or an incentive was necessary. Jessen said he would favor looking at incentives to encourage 100% compliance. Tom Robertson, 6963 Woodland Drive, a developer in the area, said his biggest opposition to the ordinance was that he believed this was a time when water sources were becoming more and more limited. He said he favored investigating landscaping plans that would not require sprinkling or irrigation. Char Johnson, President of the Eden Prairie Chamber of Commerce, said that the Developer's Forum supported the statements made by Tom Robertson. She was concerned that all the sprinkler systems would be managed correctly so they would not be on when it was raining, for example. This ordinance could conceivably result in more mandates. She urged the Council to support the decision of the Planning Commission. City Council Minutes 9 February 5, 1991 Jim Hawkins, 7289 Green Ridge Drive, he believed the question was what was required for a complete development. He said that where the City required berms or other designs that would replace natural water flow, it made sense that irrigation be in place. He said irrigation systems should be installed on a selective basis. Anderson said if the irrigation systems were not required, then it would be necessary to revise the plans for plantings on berms and other areas. Tenpas said he favored maintaining the present policy as long as it was working well. Harris said she would like to continue the present watering policy without an ordinance. There were no further comments from the audience. MOTION Pidcock moved to close the public hearing and accept the recommendation of the Planning Commission not approve to Ordinance No. 2-91. Seconded by Harris. Motion approved 4-1 with Anderson voting nay. V. PAYMENT OF CLAIMS MOTION Harris moved, seconded by Anderson, to approve the payment of claims. Payment of claims approved with Jessen, Pidcock, Harris, Anderson and Tenpas all voting "AYE". VI. ORDINANCES AND RESOLUTIONS A. Amendment. to Resolution No. 91-08, Regulating Fees and Charges for Business License and Municipal Services (Continued from 1/22/91) Jullie said the amendment relating to the fee resolution was the issue regarding the City's 1/8% charge on revenue bonds. He pointed out the research done with other communities as listed in the packet and said the City's charges were in line with what other communities were doing. Tenpas said he believed that the City's policy of charging the 1/8% fee at any time there was a refinancing was conceivably unfair because refinancing was very loosely defined. City Council Minutes 10 February 5, 1991 Pauly explained that prior to 1985 a fee was not charged, but at that time it was determined a fee should be charged, but only on projects commenced at that time. The only retroactive application occurred during a refinancing and that was the issue with this item. Jullie said the actual verbiage for charging the fee at the time of refinancing was not included in the ordinance, but the ordinance had been interpreted as if it had been included. Tenpas said he was concerned that this was only a revenue- producing fee and exceeded what the City required to administer the bond issue. Jullie said this was in fact a revenue source. Jessen asked what the total revenue to the City had been on all bonds subject to the 1/8% fee. Jullie said it was estimated to be $80,000. Harris suggested that the discussion on this issue should be continued in a workshop session. MOTION Pidcock moved to continue this item to an appropriate Council work session. Seconded by Harris. Motion approved 5-0. D. Resolution Regarding Military Leave Policy (Resolution No. 91-27) Jullie said that staff suggestion was that the City would pay the salary differential between military pay and regular salary for any employee called to active duty be limited to the present war situation and that there be a one-year cap. MOTION Harris moved to adopt Resolution No. 91-27 as recommended by staff. Seconded by Jessen. Motion approved 5-0. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Agricultural Preserve Designation (Continued from December 18, 1990) Jullie said this item was continued from December 18, 1990 at which time Mr. Marshall and proponents of the Agriculture Preserve District requested an opportunity for the Council take more time to review the questions and concerns. Since that time staff had prepared a memo which responded to Mr. Marshall's questions. Harris said that she favored leaving this property in a Green Acres status and providing a guarantee that the City would not purchase • the property. This would leave Mr. Marshall free to use his land as he was at the present time. r' e. 1J City Council Minutes 11 February 5, 1991 Anderson said he agreed with Harris and it was in the City's best interest to keep the land in Green Acres status. Tenpas said he favored making the land an Agricultural Preserve because this would protect Mr. Marshall for eight years. He questioned whether or not a guarantee, as suggested by Harris, would he binding on future Councils. Pauly said that he did not believe it would be possible to give an absolute commitment to a landowner that the land may not be acquired in the future either through condemnation or negotiation outside of the designation of Agricultural Preserve. • Harris said that she was concerned that if other residents in the area voiced concerns about the apple orchard or similar types of businesses in an area, the Council would not be in a position to address these concerns if the land were designated as an Agricultural Preserve. William Marshall, 17591 Pioneer Trail, explained his reasons for wanting his land designated as an Agricultural Preserve. He cited the Metropolitan Council's policy of protecting urban farmland from urban pressures, and to tax such property in a way similar to that used for farmlands in non-urban parts of the State. He encouraged the Council to designate his land as Agricultural Preserve. Pidcock asked Jullie if it would mean a tax loss to the City if the property were designated as an Agricultural Preserve. Jullie said that there would be a small amount but it was not significant. Enger said it would be a $22,800 loss to the City at the end of the eight-year period. • Anderson asked how many other parcels in the community would be eligible for a similar change. Marshall said that property within the • MUSA Line could he denied Agricultural Preserve Status for that reason alone. Since his property was outside the 10-year MUSA Line and he was looking for a tenure of eight years, it would not be setting a precedent for property inside the MUSA Line. Tenpas said that he believed Mr. Marshall's property conformed to all the requirements for Agricultural Preserve status. Harris said she didn't see that to be the question but rather was there benefit to taking this action now. After further discussion, it was agreed that the subject needed more study. y)tl City Council Minutes 12 February 5, 1991 MOTION Anderson moved to continue this item to a later date after a planning session on the Southwest area had been held. Seconded by Jessen. Motion approved 5-0. B. Presentation of Revised Flying Cloud Airport Noise Abatement Plan Gary Schmidt, representing the Metropolitan Airports Commission, gave the Council an update on the noise abatement plan for the Flying Cloud Airport. Specifically the changes had been to tighten up the enforcement procedure, add language to clarify the intent of the plan, and establish a specific complaint procedure to help the Airports Commission monitor the effectiveness of the plan. The plan would be brought to the next Council meeting on February 19, 1991, to request approval. Pidcock asked about the plans for monitoring the noise abatement plan. Schmidt said that monitoring would be done monthly from May-September. At other times of the year the monitoring would be done at least quarterly. Those would be brought back to the Flying Cloud Airport Advisory Commission. David Brown, 9801 Spring Road, said he questioned the effectiveness of the system without some way of knowing peak hours, peak wind conditions or peak flight conditions. He encouraged a careful look at the monitoring system. VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Report on City Hall Site Selection Tenpas reviewed the recommendations from Harris and himself for a City Hall site. He said they had decided to recommend the Purgatory Creek Park entrance site for the following reasons: (1) This site was in the generally desired area around the major business core of Eden Prairie. (2) The City already owned 5.47 acres on this site. He said he would like to designate this site for City Hall with the understanding that additional facilities could be incorporated in this area and additional acreage may be needed for the park. Mr. William Naegele, who owned adjacent properties had agreed to make some acreage available. City Council Minutes 13 February 5, 1991 He recommended a formal public comment process and a vote on this location at the February 19, 1991 Council Meeting. MOTION Anderson moved to accept the report and schedule the proposal for public discussion the site for City Hall for February 19, 1991. Seconded by Pidcock. Motion approved 5-0. 2. Scheduling of Meeting with Special Consultant Tenpas said that Tom Mosgaller, who was in charge of quality management for the City of Madison, Wisconsin, had indicated a willingness to speak to Council. Tenpas suggested that the Eden Prairie School District and Chamber of Commerce personnel also attend this meeting as well. Monday, March 4 or Monday, March 18 were suggested as possible dates, and Tenpas requested that staff coordinate these dates with the Chamber of Commerce and the School District. B. Report of City Manager 1. Summary of January 29. 1991 City Council Workshop Jullie said that he had put together a summary of the issues identified at the January 29 workshop and put them into topic areas for future workshop sessions. If Council concurred, meetings would be set up along the formats outlined in the memo. The Council indicated its agreement with the outline. 2. News Media Information Jullie said that the Mayor had asked that this item be placed on the agenda for discussion as it relates to centralizing information from City staff which goes to the news media. He said that at the present time, staff from each department was authorized to talk with the news media and to explain certain factual and public data. The City Manager's office was to be advised whenever something was perceived to be very newsworthy or controversial. The policy had been to be very accessible to the news media and ready to share information. Staff had been cautioned to be careful to give only correct and factual information. It would be difficult to have one spokesperson for the City because of the multitude of projects and issues involved. Tenpas suggested restricting contact with the news media to department heads. Harris said she believed the policy that Jullie described was reasonable. On policy issues, she believed that the City Manager or Councilmembers should be the City's spokespersons. City Council Minutes 14 February 5, 1991 Anderson said that he did not want to put any censorship on any staff members; however, each person would be responsible for what he or she said. Lambert said that he would not be able to answer all the questions about his department as many of his ataff were more knowledgeable than he was about specific programs. Tenpas said he was concerned that the information going to the media was factual and consistent. 3. Borchert-Ingersoll Bankruptcy Settlement, Pauly said that the City'a claim against the company had been for $33,000 and the decision had been to pay unsecured creditors 12% to 14% of the claim, which would be $4,000 to $4,500 for the City's claim. Pauly recommended that this amount be accepted. MOTION Jessen moved, seconded by Pidcock, that the amount of $4,000- 4,500 be accepted as the bankruptcy settlement claim against Borchert-Ingersoll. Motion approved 5-0. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Pidcock moved, seconded by Anderson, to adjourn and 11:10 PM. Motion approved 5-0. • n I CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST February 19, 1991 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING (continued) Acura Maintenance & Repair Podany Plumbing Construction Analysis & Management Pokorny Company L. A. Donnay Pride Mechanical, Inc. Patrick Hanily & Associates, Inc. R C Plumbing D. J. Kranz Co., Inc. Schulties Plumbing, Inc. Loeffel-Engstrand Company Lee Stull Plumbing Metropolitan Mechanical Contractors Thompson Plumbin Nelson Brothers Construction Wenzel Plumbing 4 Heating, Inc. Nordic Steel, Inc. Steiner Development GAS FITTER Vessco, Inc. Alpine Heating & Cooling, Inc. CONTRACTOR (1 & 2 FAMILY) B & C Heating, Inc. Designed Air Conditioning, Inc. Associated Properties & Investments Domestic Mechanical Durabilt Associates, Inc, Fredrickson Heating & Air Conditioning Rich Gardner Homes Home Energy Center Paul Heins Construction K & K Heating & Plumbing Home Enhancers, Inc. Leo's Plumbing Johnson & Johnson Building Co. McGuire & Sons Plumbing & Heating Knob Hill Homes, Inc. Midwestern Mechanical Corp. Lundgren Bros. Construction Minnesota Mechanical, Inc. Dennis Lunski Construction Minnesota Plumbing & Heating George Monson Development Co. Pokorny Company Narr Construction, Inc. Schulties Plumbing, Inc. Ryland Construction,Inc. Sedgwick Heating & Air Conditioning Wooddale Builders, Inc. Thompson Plumbing Valley Aire, Inc. PLUMBING Wencl Service Company Wenzel Heating & Air Conditioning Andreasen Plumbing & Heating Wenzel Plumbing S Heating, Inc. Domestic Mechanical Heins Plumbing HEATING & VENTILATING Hovde Plumbing & Heating JMB Plumbing Alpine Heating & Cooling, Inc. Jerry's Plumbing B & C Heating, Inc. K & K Heating & Plumbing Construction Mechanical Services Lamb Mechanical Designed Air Conditioning, Inc. Randy Lane & Sons Plumbing Domestic Mechanical Leo's Plumbing Fredrickson Heating & Air Conditioning Le Vahn Brothers, Inc. General Sheet Metal Corp. Main Line Plumbing, Inc. Home Energy Center Major Mechanical, Inc. K & K Heating & Plumbing Midwestern Mechanical Corp. LSV Metals, Inc. Minnesota Mechanical, Inc. Master Mechnaical, Inc. Minnesota Plumbing & Heating McDowall Company Jim Murr Plumbing, Inc. Midwestern Mechanical Corp. Nieman Plumbing & Heating, Inc. Minnesota Plumbing & Heating, Inc. Nova Frost, Inc. Modern Heating & Air Conditioning if CLERK'S LICENSE APPLICATION LIST page two HEATING & VENTILATING (continued) TYPE B FOOD Narkie Heating & Air Conditioning Garden Court Gifts I O'Keefe Mechanical, Inc. Garden Court Gifts II Red Wing Heating & Air Conditioning Mr. Movies Riccar Heating & Air Conditioning Preserve Rexall Drug Sedgewick Heating & Air Conditioning Target Store of Eden Prairie Summit Energy Valley Aire,Inc. TYPE C FOOD Wencl Service Company Wenzel Heating & Air Conditioning PDQ Food Store UTILITY INSTALLER CIGARETTE Heins Plumbing Garden Court Gifts I K & K Heating & Plumbing Garden Court Gifts II Midwestern Mechanical Corp. Preserve Rexall Drug Thompson Plumbing Target Store of Eden Prairie Wenzel Plumbing & Heating PEDDLER WATER SOFTENER Ronald Brerlg (Cable TV) Robert B. Hill Company William Gawthrop Minnesota Plumbing & Heating James Harty John Kapustke SEPTIC SYSTEMS Robert Scoggin Jr. " Alan Watson K & K Heating & Plumbing J. P. Norex, Inc. ON SALE LIQUOR & SUNDAY LIQUOR MECHANICAL GAMES Half Time Restaurant and Sports Bar Gina Maria's Pizza Lions Tap TYPE A FOOD . Lunds,Inc. These licenses have been approved by the department heads responsible for • the licensed activity. • OS is Pat Solie Licensing TO: MAYOR AND COUNCIL THROUGH: CARL JULLIE, CITY MANAGER FROM: JOHN FRANE, FINANCE DIRECTOR DATE: FEBRUARY 7, 1991 SUBJECT: RESOLUTION 91-12 THIS RESOLUTION APPROVES AN AMENDMENT TO THE JOINT POWERS AGREEMENT WHICH CREATED LOGIS. THE AMENDMENT, AMONG OTHER THINGS, REQUIRES A MEMBER TO GIVE LOGIS A NOTICE OF WITHDRAWAL BY JUNE 15, OTHERWISE THE MEMBER IS OBLIGATED FOR ITS SHARE OF IAGIS'S NEXT YEARS BUDGET. THIS AMENDMENT IS REQUESTED TO PREVENT A MEMBER FROM WITHDRAWING IN MID-STREAM WHICH WOULD INCREASE OTHER MEMBERS COSTS. o 1/ • RESOLUTION NO. 9/—/ RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEM(LOGIS): APPROVING AN AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED By the City of &r C" y fl 1 /Ala (City)as follows: Section 1. Background: Findings. 1.01. The City is a regular member in good standing of Local Government Information Systems(LOGIS). The City is a party to the joint and cooperative agreement (Agreement) under which LOGIS was formed and operates. The Agreement has been entered into by the City and the other members pursuant to Minnesota Statutes,Section 471.59(Act). 1.02. The Board of Directors of LOGIS have recommended that certain changes to the Agreement be made. Those changes are embodied in a proposed amendment to the Agreement (Amendment). A form of the proposed Amendment has been reviewed by this Council. The form of the proposed Amendment is on file with the City Clerk. 1.03. Under the Act the Amendment must be approved by all regular members of LOGIS to be effective. 1.04. It is found and determined that it is necessary and desirable for the orderly and efficient operation of LOGIS and the City that the Amendment be adopted. Sec. 2. Approvals: Authorization. 2.01. The form of the Amendment is approved. 2.02. The Mayor and the City .La'R< _are authorized and directed to execute and deliver the Amendment on behalf of the City. The Clerk is authorized and directed to transmit a certified copy of this Resolution and the executed Amendment to the Executive Director of LOGIS. Mayor Attest: Clerk �71 1 AMENDMENT NO. 1 TO LOCAL GOVERNMENT INFORMATION SYSTEMS JOINT AND COOPERATIVE AGREEMENT The parties to this Amendment No. 1 (Amendment) are governmental units of the State of Minnesota. This Amendment amends certain provisions of the Joint and Cooperative Agreement (Agreement), effective May 1, 1972 which created Local Government Information Systems(LOGIS)and under which LOGIS operates. The Agreement and the Amendment are made and entered into pursuant to Minnesota Statutes, Section 471.59. Section 1. Article IX,Section 2 of the Agreement is amended in its entirety to read as follows: "Section 2. The annual budget of LOGIS must be adopted in the following manner: (a) annually prior to June 1 the Board will supply each member with a proposed preliminary budget; (b) annually prior to the annual meeting of the Board in July the Board will supply each member with a proposed budget adjusted for withdrawal notifications received pursuant to Article XII; (c) the annual budget must be adopted at the annual meeting of the Board in July. Promptly after adoption of the budget, the Board must mail copies of the budget to the chief administrative officer of each member. Upon adoption of the budget each member is obligated to LOGIS for the budgeted revenues and cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with this Article." Sec. 2. Article XII is amended by adding a new Section 2 to read as follows: "Section 2. A member who has not given notice of withdrawal on or before June 15 of a given year is obligated for the budgeted revenues and the cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with Article IX." Sec. 3. This Amendment is effective on the date that identical Amendments and resolutions authorizing their execution have been filed in the office of the Executive Director of LOGIS. IN WITNESS WHEREOF the undersigned governmental unit has caused this Amendment to be executed on its behalf by its duly authorized officers as of 1991. CITY OF By Its Mayor By Its Filed in the office of the Executive Director of LOGIS this day of , 1991. Executive Director MEMORANDUM To: Eden Prairie City Council From: City Attorneys Office Dated: February 14, 1991 Re: Lee Johnson v. City of Eden Prairie The City attorneys office recommends that the City Council approve the terms of the Settlement Agreement in the above- captioned matter as outlined in the attached memorandum. The property which is the subject matter of this lawsuit is located on the southwest corner formed by Franlo Road and Crier Lane. The site is triangular in shape, with irregular topography, and is presently unimproved. The original assessment by the City to the property was $42,187.87 for street improve- ments plus a deferred assessment of $8,361.21 for water service. The City commissioned an appraisal of the property for the purpose of estimating its present market value so as to determine the value change in the property as a result of the installation of utilities and street improvements. Real estate appraisor N. Craig Johnson generated an appraisal dated December 17, 1990. In his appraisal, Mr. Johnson estimates the value of the property before improvements at $12,000.00, and the value of the property after s, th value creaed fromthe epublic vimprovement 39is0estimated 0.00. huby Mre Johnson tot tbe 827,000.00. Settlement discussions with Lee Johnson took place over the last week. Mr. Johnson initially proposed settlement allowing for an assessment of $27,500.00. The City countered in an effort to bring Mr. Johnson up from that figure and, ultimately, the figure of $30,000.00 was agreed upon. It is recommended that the Council approve the terms of this settlement agreement on the basis that the proposed settlement amount exceeds the value of the public improvements as estimated by the City's own appraiser. MEM02 MEMORANDUM To: Eden Prairie City Council From: City Attorneys Office Dated: February 14, 1991 Re: Lee Johnson v. City of Eden Prairie The terms of the proposed Settlement Agreement between the City of Eden Prairie and Lee Johnson are as follows: 1. The total assessment for sewer and water improvements to the property owned by Mr. Johnson which is the subject matter of this suit will be $30,000.00; 2. The total assessment of $30,000.00 will be prorated between the street improvements and the water assessment in the same proportion as the original assessment; therefore, the City will assess $24,900.00 for street improvements and $5,100.00 for water, with the water assessment to be deferred until such time as Mr. Johnson improves the property; 3. The City will contact Hennepin County and instruct the County to issue a revised tax statement for the 1989 taxes and special assessments payable in 1990; the revised statement will delete the total record of Levy 11647 in the amount of $42,187.87, which is the original assessment against Mr. Johnson's property; the City has contacted Hennepin County offi- cials and they have indicated that this is the proper procedure and that they will issue a revised tax statement to Mr. Johnson; 4. A new tax statement for 1990 taxes on assessments payable in 1991 will be issued and will reflect an assessment based upon the $30,O00.00 figure, less the prorated amount for the deferred water assessment. jas:MEMO1 CITY OF EDEN PRAIRIE f HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-43 A RESOLUTION APPROVING FINAL PLAT OF R.G.READ ADDITION WHEREAS, the plat of R.G. Read 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 R.G.Read Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 19, 1991. 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 February 19, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Fran, Clerk Y/_. MEMORANDUM TO: Mayor and City Councilmembers THROUGH: Carl Jullic, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician re/I DATE: February 14, 1991 SUBJECT: Final Plat Report of R.G. Read Addition PROPOSAL: The Developer,Jerome J.Schwab,has requested City Council approval of the final plat of R.G.Read Addition. Located at the northeast quadrant of Martin Drive and Corporate Way, the plat contains 3.79 acres for the construction of an office/warehouse building. This proposal is a combination of part of Lot 6,Block 2, Edenvale Industrial Park and also Lot 2, Block 1, Edenvale Industrial Park 5th Addition. HISTORY: The preliminary plat was approved by the City Council August 7, 1990 per Resolution No.90-201. Second Reading of Ordinance No. 29-90, Zoning District Amendment within the I-2 Zoning District,was finally read and approved at the City Council meeting September 4, 1990. The Developer's Agreement referred to within this report was executed September 4, 1990. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities,streets and walkways necessary to serve the site are in place and available for extension to serve this property. As detailed in Item 3 of the Developer's Agreement,the Developer shall submit detailed plans for construction of the storm sewer and sanitary sewer through this property. PARK DEDICATION: Park dedication must conform to the requirements of the City Code. BONDING: Bonding for the installation of municipal storm sewer must be provided prior to release of the final plat. RECOMMENDATION: Recommend approval of the final plat of R.G.Read Addition subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of engineering fee in the amount of$379.00 2. City Engineer's approval of detailed plans for construction of storm sewer and sanitary sewer. JJ:ssa cc: Jerome J. Schwab Ron Krueger& Associates (� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-38 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS,a report has been given by the City Engineer,through RCM,Inc.,recommending the following improvements to wit: I.C. 52-203(Staring Lane Street and Utility Improvements) NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A.Section 429.011 to 429.111,at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on March 19, 1991 at 7:30 P.M. at the Eden Prairie City Hall, 7600 Executive Drive. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on February 19, 1991. • Douglas B.Tenpas,Mayor ATTEST: SEAL John D. Frane, Clerk 77 �. MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources DATE: February 12, 1991 SUBJECT: Recommendation for Revisions to the Park Use Ordinance At the February 5, 1991 meeting, the Parks, Recreation and Natural Resources Commission recommended the City Council direct the City Attorney to revise the Park Use Ordinance to reflect that it is illegal to put household garbage in public trash receptacles. Over the last year,the City staff have noticed an increase in the problem with household garbage being deposited in public trash receptacles,especially those located in public parks. Many of these incidents include people dumping large amounts of household debris that results from remodelling, etc. in public garbage cans. With the rapidly increasing rates for waste disposal,this is becoming a greater concern. The existing City ordinance does not allow anyone to dump garbage in a park; however, it does not specifically state that it is illegal to put household garbage in public trash receptacles. The Parks, Recreation and Natural Resources Commission further recommended that the City attached decals to garbage receptacles indicating"no household refuse." BL:mdd parkuse/6 • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. 4 NATURAL RESOURCES COMM. Feb. 4, 1991 b. Private Garbage Being Dumped in Public Trash Receptacles Refer to memo dated January 29, 1991 from Bob Lambert, Director of Parks, Recreation and Natural Resouces. Lambert said that household garbage has been dumped in public trash cans at City Parks. Much of it seems to have been from remodeling and includes carpeting, etc. Staff recommends that ordinance be reworded to include specific language addressing this issue. MOTION: Richard moved to recommend that the ordinance be changed to include that household trash cannot be deposited in public trash receptacles. Karpinko seconded the motion. On call for discussion, Karpinko asked if there is a set fine for disobeying the ordinance. Lambert said the City does not have authority to do this, but a judge would set a fine based on each incident prosecuted. Vanderploeg suggested that signs be placed on public trash receptacles clarifying this ordinance. The motion passed 4-0. MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources DATE: February 7, 1991 SUBJECT: Edenwood Request for Community Center Membership Discount Edenwood Camping and Retreat Center has requested to receive a 50% discount on a family membership for the Eden Prairie Community Center, similar to the discount the City offers group homes. This family membership would be used primarily by the respite program at Camp Edenwood that serves approximately 80 families throughout the metropolitan area. They use the swimming pool at the Community Center two weekends per month,Friday evenings and Sunday evenings. The request would be to grant a"family membership"to Edenwood Camping and Retreat Center for$87.50 that would allow their staff,and individuals using the Edenwood Camp,free use of the swimming pool for Camp Edenwood's programs;although, the majority of the use would be limited to the respite program on Friday and Sunday evenings. The Parks,Recreation and Natural Resources Commission recommended approval of this request at their February 4, 1991 meeting. The recreation staff concur with the Commission recommendation and request approval of this request. BL:mdd edenwood/11 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: Dave Black, Community Center Operations Supervisor DATE: January 29, 1991 SUBJECT: Eden Wood Request for Group Home Status Request Eden Wood Camping and Retreat Center is requesting group home status in order to receive a 50% discount (cost: $87.50) on a family membership for the Community Center. This family membership would be used interchangeably throughout the year by approximately 300 residents and 6 staff persons for open swimming. Recommendation Staff recommends offering Eden Wood Camping and Retreat Center a 50% discount on a family membership which would be provided at $87.50 per year, for six staff persons from Eden Wood to use while escorting residents who would pay the daily user fee ($1.00 Age 5+ / $2.00 Adults) for open swim. Sackground Eden Wood was allowed group home status the past two years (per attached letter) and would like to continue to be viewed as such. With over 300 residents, it is difficult to know who will use the Community Center and at what times. Eden Wood has stated that residents would use the swimming pool for open swimming on weekends with 10-15 residents using our pool at any given time. DB:cp Attachments: Letter from Eden Wood November 10, 1981 Human Rights Commission Memo cc: Laurie Hell;ng, Manager of Recreation Services Connie Peters, Lead Secretary or& P. -' ,',•; :.' --'t irs }�, .,? - ,- • E . D . E . N W . 0 0 • D A M P I N G & RETREAT CENTER December 14, 1990 David Black Eden Prairie Community Center 16700 Valley View Road Eden Prairie, MN 55346-3677 Dear Mr. Black: , Eden Wood Camping & Retreat Center, located in Eden Prairie, serves people with developmental disabilities aged 5 and up. We are a year round camp and offer trips, resident summer camp and . • weekend respite. The respite program, because of the smaller size, often has the • opportunity to take advantage of community programs. For the past two years the Eden Prairie Community Center has offered us a discount on membership cards allowing us to swim on weekends. We have gotten 12 resident cards and 6 staff cards for $87.50 the past two years. These cards have allowed us to integrate into the community and to enjoy relaxing in the swimming pool. We hope we will be able to take advantage of this offer again in 1991. Thank-you. Sincerely, Pam Argus J • Respite Director • .less: Location: D:::mond Hill Center,Suite 140 6350 Indian Chief Road Minneapolis,ntxalx�G 4301 Minneapolis, Highway c,MN 416 SR 10 Eden Prairie,MN 55346-1619 4612)QQ20-0855 (612)934-2771 fax: 920-14M) Fax:934-3707 rEfl2RaND_n TO: Chuck Pappas and Bob Lambert FROM: Human Rights and Services Commission DATE: November 10, 1981 SUBJECT: Commission's Recommendation on Community Center Fee Discount for Senior Citizens and Handicapped On Monday, November 9, 1981 the Human Rights and Services Commission made the following recommendations an the new Community Center fee discount for senior citizens and handicapped participants. The Commission recommends that senior citizens in Eden Prairie receive a 50% discount on memberships to the Community Center. The Commission further recommends that handicapped participants receive a 50% discount when applying for an individual membership and group huor. receive a 50% discount an family memberships. All applicants requesting individual handicapped discounts will be asked to show some type of documentation to receive the 50% discount. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. 8 NATURAL RESOURCES COMM. Feb. 4, 1991 -3- C. Request from Camp Edenwood Re: Community Center Fees Refer to memo dated January 29, 1991 from Dave Black, Community Center Operations Supervisor. Lambert introduced Tom Gode who was present at the meeting representing Camp Edenwood. Camp Edenwood has requested group home status and a 50% reduction of Community Center membership fees. The membership would be used for 300 residents and six staff members for open swimming. Lambert said that in 1981 the Human Rights and Services • Commission recommended that resident senior citizens be granted a 50% discount and the handicapped residing in Eden Prairie group homes be considered a family and given a 50% discount on Community Center family memberships. Lambert said that Edenwood is not a group home, but is a year-round camp offering trips, summer camps and weekend respite programs. Staff is recommending offering Edenwood a 50% discount on a family membership to be used by the staff and the residents would pay the daily user fee for open swim. Gode defined the respite program Edenwood offers to its residents and said that these would be the people using the facilities. Lambert added that Camp Edenwood was formerly Camp Indian Chief and it is located on the Eden Prairie- Minnetonka border. Richard asked if the City needs additional staffing when the residents are at the Community Center. Gode said that there is usually one staff person per resident so this is not a problem. Richard asked if other City facilities are being used by Camp Edenwood. Gode said that they use Round Lake often and have been swimming at the Community Center for two years. , .7C°JJ UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Feb. 4, 1991 -4- Lambert indicated that we have not had any problems with their programs, and that we encourage their use of our facilities and recognize the great service they provide the metro area, including Eden Prairie. MOTION: Vanderploeg moved to recommend that Edenwood be offered a 50% discount on a family membership to the Community Center and that the daily user fee be wavied, as ARC provides a valuable service to families in the Twin Cities who are in desperate need. Karpinko seconded the motion and it passed 4-0. V. DEVELOPMENT PROPOSALS A. Cub Foods Refer to staff report dated January 25, 1991. Cross reported that this site is located in the northeast corner of W. 78th St. and Prairie Center Dr. The developer is requesting a zoning change, site plan review and preliminary plat. Two variances are necessary because the setback will be less than 35' and for the runoff to go to Anderson Lakes would require extending the storm sewer and the construction of a storm water pond. the Commission discussed different styles of entrance monuments. the first of which will be constructed on the east building wall of Cub Foods. Cub Foods supports this idea and is willing to construct the wall and gateway monument. The wall, which would enclose loading areas, is 50' x 18'. Richard referred to the wooded outlot on the west side of the site and asked if the City had any interest in acquiring it for parkland. Cross said that it will be developed by Cub Foods in the future. The Commission discussed the landscape plan and questioned whether there would be sufficient plantings to screen the building. Lambert said he did not feel it would be unreasonable to request to see a profile of the landscape plan. He added that staff could make a plan with their recommendations on where future flower bed plantings should be located and submit it to Cub Foods. MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Craig W. Dawson, Assistant to the City Manager DATE: February 14, 1991 SUBJECT: Agreement with Hennepin County for Recycling Assistance Funds In addition to the Resolution adopted by the Council on February 5 which authorized the City to apply for recycling assistance funds, the County also requires an agreement for receipt of these funds. This agreement is a procedural formality. A copy of the agreement follows this memorandum. It is similar to previous agreements the City has executed with Hennepin County. A number of provisions relating to contractors do not apply to the City as Eden Prairie's recycling program is accomplished through licensing rather than contracting. Upon execution of the agreement, the City will be eligible for grants totalling $34,600. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to execute the 1991 Solid Waste Management Agreement with Hennepin County. CWD:jdp Contract No. AO 1991 SOLID WASTE MANAGEMENT AGREEMENT THIS AGREEMENT by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter called the "County", through its Department of Environmental Management, A-2400 Government Center, Minneapolis, Minnesota 55487, and the CITY OF , hereinafter called the "City", WITNESSETH: WHEREAS, the County Board, by Resolution No. , on the day of , authorized funding for the City of to use for its Recycling Program from January 1, 1991, through December 31, 1991, and WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Section 115A.02 and 115.03, as amended by the Laws of Minnesota 1988, Chapter 685, and Minnesota Statutes 473.801; the Metropolitan Council's Solid Waste Management Development Guide/Policy Plan; Hennepin County's Solid Waste Master Plan; and Hennepin County's source separation/recycling policies. NOW, THEREFORE, IT IS HEREBY AGREED: 1. SERVICES TO 8E PERFORMEO a. The City will operate its (curbside, drop-off) Recycling Program as more fully described in Attachment A incorporated and made part of this Agreement. b. In addition to the services as referred to above, the City agrees to: (1) The City will identify the County as a project co-sponsor in all publicity materials and presentations. This statement shall visually and/or verbally be as prominent as the City's name. Equal type size must be used when giving the County credit on promotional materials. All promotional materials printed for distribution shall include the statement, ". . this program is % funded by the Hennepin County Board of Commissioners." Where feasible, all publicity materials should make use of the "Hennepin Recycles" logo. The City will provide the County with a minimum of three copies of all printed promotional materials on a quarterly basis. (2) The City must incorporate the following language regarding reporting requirements in all contracts for collection, processing and marketing of recyclable materials. "The Contractor must provide the Municipality with certified weight receipts for the monthly collection of all recyclable materials. Each month's weight receipts must be provided to the Municipality no later than 30 days after the end of each month. If a material is not weighed separately when it is delivered for processing, the Municipality must approve the procedure used by the Contractor to determine the percentage of each type of recyclable material in relation to the total material collected. HCA Form No. 110 Rev. 01/91 ,2/7 Page 1 To substantiate the accuracy of the Contractor's procedure, the Municipality may, at its discretion and at no additional cost to the Municipality, require the Contractor to separately weigh each material. The Contractor must report the amount and type of recyclable material and where the materials are delivered for recycling. Minnesota Statute 115A.553 requires counties to ensure that materials are taken to markets for sale or recycling processing centers. Consequently, if the Contractor delivers materials to a broker, the Contractor must report what end market the broker used. Summaries by brokers and end markets must be provided to the Municipality every month and must be provided no later than 30 days after the end of each month. Brokers or recyclable processors receiving materials from these curbside programs must be in compliance with the state and local government permit and licensing laws. If materials are stored for a period longer than 30 days by the contractor, the amount of the materials by type and location of storage must be reported to the Municipality. The Contractor must provide the Municipality with set-out rates of all households placing recyclables out for collection during the months of May and October. Reporting of the set-out rates may not be estimated and the method used by the Contractor to determine the set-out rate must, at a minimum, have the reliability of a "click-count" method. The Contractor must report to the Municipality, on a monthly basis, the gross revenues received from the sale of recyclables. Each monthly report on gross revenues must be provided to the Municipality no later than 30 days after the end of each month." (3) The City must incorporate the following language regarding equipment requirements in all sub-contracts for collection, processing and marketing of recyclable materials. "To ensure that all the Collector's vehicles are in proper working condition and to assist in the identification of said vehicles, the Contractor must obtain a license from Hennepin County for each recycling vehicle or trailer. All vehicles must be maintained in proper working condition and be available for inspection by the Municipality and Hennepin County. All of the Contractor's vehicles, used for the collection of recyclables under this contract shall be equipped with (i) warning flashers; (ii) a broom and shovel for spills; (iii) the Contractor's name and telephone number, visible and prominently displayed at all times on the right and left sides of the vehicle; and (iv) such other equipment as the Municipality may hereafter reasonably require." (4) The City must incorporate the following language regarding market development in all sub-contracts for collection, processing and marketing of recyclable materials. Page 2 "The Contractor may be directed by the Municipality to deliver up to 25% of the collected newsprint and plastic to a location within Hennepin County." (5) The City will submit a completed mid-year report by July 15, 1991. The County will provide the City with the mid-year report form. The mid-year report will serve as the basis for reimbursement of municipal expenses for the period of January 1, 1991, through June 30, 1991. (6) The City must submit a completed final report for the calendar year 1991 by February 28, 1992. The County will provide the City with the final report form. The final report will serve as the basis for reimbursement of municipal expenses for the calendar year. (7) The City must submit one copy of each agreement the City has with any company it contracts with for services to collect, process and/or market the recyclable materials. (8) The City must not charge its residents through property tax or utility fees or any other method for that portion of the costs of its recycling program reimbursed by the County. The City must establish a separate fund for recycling that includes no other activities. (9) The City must measure participation of its residents in the recycling program in May and October using the measurement methods specified by the County. The participation rates must be submitted with the mid-year and final reports. (10) The City must adopt a Solid Waste Source Reduction Plan and a Recycled Paper Procurement Policy (which meets County requirements). (11) The City must incorporate the following language regarding liablility and indemnification in ail subcontracts for collection, processing and marketing of recyclable materials. A. The Contractor agrees to defend, indemnify and hold the Municipality, its officers and employees harmless from any liability, claims, damages, costs, judgments or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission, including without limitation, professional errors or omissions of the Contractor, its agents, employeees, or assignees in performance of the services provided by this contract, and against ail toss by reason of the failure of said Contractor to fully perform in any respect, all obligations under this contract. 8. In order to protect itself/himself/herself, as well as the Municipality under the indemnity provisions hereinabove set forth, the Contractor agrees at all times during the term of this Agreement to have and keep in force: Page 3 U() (1) (a) A single limit or combined limit or excess umbrella commercial general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for total bodily injuries and/or damages arising from one occurrence, and $1,000,000 for total personal injures and/or damages arising from one occurrence. Such policy shall also • include contractual liability coverage protecting the Municipality, its officers, agents, and employees by specific endorsement or certificate acknowledging the contract between the Contractor and the Municipality. (b) A single limit or combined limit or excess umbrella automobile liability insurance policy covering agency owned, nonowned, and hired vehicles used regularly in the provision of services under this Agreement in an amount of not less than $1,000,000 per accident for property damage, $1,000,000 per accident for property damage, $1,000,000 for death or bodily injury, and/or damage to any one person,.and $1,000,000 for total bodily injuries and/or damages arising from any one accident. (c) The Contractor shall furnish certificates of insurance stating that written notice will be given to the Municipality in the event of a policy cancellation, nonrenewal, or material reduction in coverage provided under the policy. Prior to the effective date of this Agreement, the Contractor will furnish the Municipality with certificates of insurance as required above. 2. TERM OF THIS AGREEMENT This Agreement shall commence on January 1, 1991, and terminate on December 31,1991 3. COMPENSATION a. In consideration of the services as described above and contained in the attached 1991 Hennepin County Grant Application, the County agrees to pay the City a sum not to exceed $ for collection services, equipment costs, labor, promotion, administration, and development and operating costs of drop-off recycling centers. b. Funds will be disbursed (1) upon receipt and approval of the semiannual and final written report (2) in accordance with the table below and upon verification of recovered tonnages; and (3) after final termination of net program expenditures. Page 4 1 enter city name Reimbursement Schedule Total Solid Waste Materials % Funding Assistance Year (Tons) Recovered (Of Net Program Costs) 1991 0- Prorated 40% ' 50% 60% + 70% d. The City will receive an additional 10% of net program costs upon receipt and approval of the final written report, if comprehensive procurement and specification policies for publicly funded construction or remodeling projects which give equal or preferential consideration to materials with recycled content is adopted by July 1, 1991. e. Payment to the City will be made as provided by law for payments of claims against the County. 4. LIABILITY, INDEMNIFICATION, AND INSURANCES a. The City agrees to defend, indemnify, and hold the County, its officers, and employees harmless from any liability, claims, damages, costs, judgements, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission including, without limitation, professional errors or omissions of the City, its agents, officers, employees, or contractors in the performance of the services provided by this Agreement; and against all loss by reason of the failure of the parties to fully perform, in any respect, all obligations under this Agreement. b. The City shall by separate policy or under its self-insurance program maintain and keep in force at all times during the term of this Agreement or any renewal thereof the following insurance coverage: (1) Single limit or combined limit or excess umbrella commercial general liability insurance policy of an amount not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $600,000 for total personal injuries arising from one occurrence. (2) A single limit or combined limit or excess umbrella automobile liability policy, if applicable, covering owned, non-owned, and hired vehicles used regularly in the provision of services under this Agreement in an amount not less than $600,000 per accident for property damage, $200,000 for death and bodily Page 5 `3.Ud injuries and/or damages of any one person, and $600,000 for total bodily injuries and/or damages arising from any one occurrence. c. Contemporaneously with the execution of this Agreement, the City shall furnish the County with certificates of insurance evidencing the above-required coverage. 5. NON-ASSIGNMENT OF SERVICES The provisions of this Agreement shall not be assigned, sublet, or transferred without the prior written approval of the County. 6. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended, or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the City as the agent, representative, or employee of the County for any purpose in any manner whatsoever. The parties are to be and shall remain independent with respect to all services performed under this Agreement. The City represents that it has, or will secure at its own expenses, all personnel required in performing services under this Agreement. Any and all personnel of the City or other persons, while engaged in the performance of any work or services required by the terms of this Agreement, shall have no contractual relationship with the County, and shall not be considered employees of the County, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the City, its officers, agents, contractors, or employees, shall in no way be the responsibility of the County; and the City shall defend, indemnify, and hold the County, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not require, nor be entitled to, any compensation, rights, or benefits of any kind whatsoever from the County including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay, and PERA. 7. COMPLIANCE WITH LAWS The City agrees to comply with all State statutes, regulations, and ordinances pertaining to solid waste management and recycling including, but not limited to, the applicable provision in Minnesota Statutes, Chapter 115A, and 473.01 now in force or hereafter enacted. Page 6 8. DATA PRIVACY All data collected, created, received, maintained, or disseminated for any purposes by the activities of the City in the performance of the provisions of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such Act now in force or hereafter adopted, as well as Federal regulations on data privacy. • 9. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any material alteration or modification of this Agreement shall only be valid when reduced writing as an Amendment to this Agreement signed by both parties. 10. CANCELLATIDN This Agreement may be cancelled by either party upon thirty (30) days' written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of the City with the activities of the Department of Environmental Management so as to accomplish the purposes of this contract, Carl Michaud, Recycling Coordinator, shall manage this contract on behalf of the County and serve as liaison between the County and the City. Page 7 3VU The City, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on , 19 , and pursuant to such approval and the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Approved as to legality, COUNTY OF HENNEPIN, form, and execution. STATE OF MINNESOTA By: Assistant County Attorney Chairman of Its County Board Date: Date: And: Associate County Administrator Date: ATTEST: Clerk of the County Board Date: CITY OF By: Its Mayor Date: ATTEST: Title: HCA Form No. 110 Rev. 01/91 Page 8 UNAPPROVED PLANNING COMMISSION MINUTES February 11, 1991 A. WELTER'S PURGATORY ACRES 6TH ADDITION (91-4-Z-P) Request of Peter Andrea Company for Zoning District Change from Rural to RI-13.5 on 10.95 acres with variances to be reviewed by the Board of Appeals; Preliminary Plat of 10.95 acres into 7 single family lots, I outlot and road right of way to be known as Welter's Purgatory • Acres 6th Addition. Location: north of Welter's Way and south of Sunnybrook Road. A continued public hearing. Kipp reported that this item had been continued from the January 28, 1991 Planning Commission meeting to provide more detail on a through-street design, tree loss, fire protection,and roadway assessment for existing structures. Jim Ostenson,representing the proponent,presented the plan to extend Welter's Way to a 1500 foot cul-de-sac. Six lots would surround the cul-de-sac and one lot would extend from Sunnybrook Road. The density would be approximately.64 units per acre on the 10.95 acre site. Ostenson stated that the proponent had met with the existing neighbors and had taken their concerns into consideration with the plan. Outlot A would be donated to the City and used for access to Purgatory Creek. Ostenson noted that development needed to be pushed to the west due to poor soil conditions close to the wetland area. Ostenson presented an alternate plan to extend the road through to Sunnybrook Road as requested by the Planning Commission. This plan depicted 14 lots with no variances in lieu of the 7 lots of the original plan. The alternate plan would create several problems; approximately 500 caliper inches of additional trees would be lost, road cost would increase from$90,000 to approximately$200,000. In addition a retaining wall would be required and the grades would be difficult. Ostenson stated that the existing home which was presently sheltered would become a corner lot. Ostenson believed the additional 7 lots would cause drainage problems for the wetlands. He stated that the neighbors were concerned about the value of their homes and the integrity of the neighborhood. Ostenson stated that with the original plan a deer corridor would be protected. Ostenson noted that Staffs main concern was response time for emergency vehicles and providing an extra entrance to the neighborhood; however, these were not major issues for the neighborhood. Ostenson believed that the City's policy on cul-de-sacs was in conflict with the Tree Preservation Ordinance. Ostenson quoted from the ordinance related to it's intentions and believed that the original proposal by the proponent was in the spirit of the Ordinance. Ostenson reported that a petition was being passed throughout the neighborhood to support a cul-de-sac and would be completed and presented to the City Council. Kipp reported that it had been the City's policy to work around cul-de-sacs when possible and it was on this basis that Staff had recommended taking a look at a through-street 3342 design and had developed the comparison. He added that when Welter's Purgatory Acres had been approved originally a future through-street design was anticipated for this property. Kipp believed that there were ways to reduce the tree loss for a through-street design. He added that 12 additional trees would be lost with a through-street design,with only 1 of these trees being considered a significant tree according to the Tree Preservation Ordinance. Kipp noted that approximately 85% of the trees on the site would be lost with either road design. He stated that a portion of the deer corridor would be preserved with either plan along an easement within the most southerly proposed lot. Kipp noted the memo from the Engineering Department which stated that the existing homes would not benefit from the road improvement and, therefore, would not be assessed. Kipp mentioned the memo from the Fire Department in support of a through- road design. Staff did not believe that a through-road design would create a short cut for traffic. Kipp believed the main issue for a cul-de-sac design is if valid reasons had been presented by the proponent for one. Ostenson stated that Staff was correct in that if the road were straightened out trees could be saved, but the proponent did not want to straighten the road out which Ostenson believed would create a race track. Ostenson believed that the assessment issue was merely a call on the City's part. He stated that the proponent would pay the assessments for the entire project. Kipp replied that he could not speak directly to the assessment issues. Kipp also stated that the design by Staff did provide curves in the road which moved away from the trees. Ostenson stated that with the through road design, it was questionable if two of the lots could be developed because of soil conditions. Dodge asked what the cost would be per lot for the developer for a through-street design. Ostenson replied that the road cost would double and the grading costs were questionable. Ostenson added that the proponent only wanted to develop 7 lots. He stated that he felt an obligation to the existing homeowners in the entire Purgatory Acres Project. Ostenson believed that the only issue was environment versus road. He stated that at the last meeting he had named approximately 15 cul-de-sacs in Eden Prairie which were longer than the 500'length maximum allowed by City Code. Bill Pearson, 11727 Sunnybrook Road, stated that he had lived in Eden Prairie since 1985. Pearson believed that the designs with more homes would decrease the property value of the existing homes. He was concerned about$150,000 homes being next to homes costing$250,000 and up. Pearson believed that because the fire station was so close, response time was not an important issue. Ruebling clarified that response time was not the only concern. He added that the City preferred to provide more than one access to homes so that emergency vehicles could get in and out easily. Bill Wells, 11824 Welters Way,questioned the driving issue behind a counter plan by Staff for a through-street design. Wells wanted to see as little development as possible. He added that he had become accustomed to lots with trees and was concerned about the proposed track homes. Wells preferred that the homes be consistent with the existing neighborhood. Wells believed that aesthetics was more of an issue than the money. Kipp replied that Staff was analyzing the throough road option because of the City Council motions when Welter's Purgatory Acres was approved. This would allow the Planning Commission and City Council to make the final decision. Robert Solohub, 11760 Welters Way,supported the proposal with the cul-de-sac design. Solohub was concerned for the safety of the small children in the neighborhood. He wanted to maintain the integrity of the neighborhood and the value of the existing homes. Solohub believed that the environment,wetlands,and tree preservation were important issues. Solohub believed that the neighborhood and developer are in concurrence with what they want for the neighborhood. Don Bolvin, 11839 Welter's Way,stated that he had looked for a wooded lot and wanted to preserve the natural aspects of the area. Bolvin believed that the proponent's plan for 7 lots was the plan which best preserved the environment. Sandstad asked when the sign was posted which stated that this was a temporary termination. Bolvin replied that the sign was posted approximately 3 weeks ago and had not been present before that time. The builder of the Bolvin home stated that he had been concerned about the possibility of 17 lots being developed on this property and,therefore,had contacted Ostenson. He believed that the City needed to readdress the definition of a significant tree. The builder stated that he was present this evening to keep a promise he had made to the Bolvin's, that extensive development was not possible on this property because of the poor soils. Karen Wells, 11824 Welter's Way, stated that she had called the City when she saw bulldozers coming onto the property and had spoken with Steve in the Planning Department. She stated that when they had bought their home they had been told that there would not be construction close to their property because of the poor soil conditions in the proposed development area. Wells added that when she spoke with Steve he had assured here that a development proposal was not planned at this time,but that he would check this out further. Steve reported back to Wells after a field inspection that a potential developer was doing soil testing. Wells stated that Steve had told her he would keep her informed of any further development. Wells believed that too many homes were being proposed for the area and was concerned about a significant increase in traffic. Wells stated that most of the homes had 2 to 4 children. She added that most who had purchased homes in this area believed that the road was a permanent dead-end. Kipp said he could not speak for Steve,but that it is common for soil testing to take place prior to development proposals being received by the City. Kipp also noted that the neighborhood was notified of this proposal when the City received the proposal request. Ruebling believed that there was a sign posted at the dead-end when the original project was approved. Bill Wells stated that since he had purchased his home in 1988 no sign • had been posted until the last 3 weeks. • Kipp stated that it was unfortunate;however,last June a list of roads which needed to be posted as temporary dead-ends was developed and it was merely a coincidence that a sign was posted at this site only 3 weeks ago. Kipp added that the signs were being posted due to another project in which concern for a road extension raised neighborhood concern similar to this project and wanted to let potential homeowners who buy homes on temporary dead-ends know of future planning. Ruebling asked how the front footage for existing lots compared with the proposal for a through-street. Ostenson replied that the front footage for the through-street was approximately 90 feet. Bolvin replied that his front footage was approximately 130 feet. Ostenson did not believe that it would be economically possible to develop a through- street and added that he personally did not want to be involved in a development with a through-road design. Ostenson believed that the motions from the original proposal had been intended to leave options open for the City and provide an access to the adjacent property but not to specifically develop a through-road. MOTION 1: Bye moved, seconded by Sandstad to close the public hearing. Motion carried 7-0-0. Ruebling questioned if it was a given that the value of the homes to be constructed would be of lesser value with a through-street design. Ostenson replied that the lots were not very deep and the homes would naturally be smaller. Ruebling believed that from the Wells home the neighborhood would appear the same with either road design. The same number of homes were planned in the immediate area next to the Wells home. Ruebling further believed that with a cul-de-sac design all the traffic would come down through Welter's Way. Wells stated that if Ruebling was not familiar with the property he should not speak for how it would appear. Wells added that with the trees being removed he would be able to see all the homes. Wells added that this was a quality issue. He believed that the homes should be consistent with what presently existed and further believed that the developer would have no choice but to build more homes to recover the added cost of the road. Ruebling stated that the City had a code regarding lengths for cul-de-sacs. Dodge noted that the public hearing had been closed and the discussion was to remain among Commission members. She added that the Planning Commission was aware of the neighbors concerns after hearing the previous comments from the public this evening and from the January 28, 1991 meeting. Karen Wells stated that she was concerned for the people who would be buying into these 17 lots because of potential problems. She was concerned that too many homes would constructed on poor soil. Ruebling noted that there were only 14 lots proposed. Norman believed that the discussions were based on emotional issues and needed to be directed back to the issues. Norman stated that she had become a Commission member to promote larger lots in the City. Norman questioned if a through-street was more important than environmental issues. Dodge asked Norman to express her opinion regarding safety issues versus environmental issues. Norman replied that she did not believe that safety was a major issue in this area and restated that she preferred larger lots. Hallett questioned if the preservation of the deer crossing in this area was of major importance and believed that the City needed to take a closer look at this in the years to come. Hallett stated that it was unfortunate that the temporary road sign had never been posted. He believed that it was important for residents to know if a road were to be extended or if it were a permanent dead-end. Hallett asked if sidewalks were planned for either mad design. Ostenson replied that there was an existing sidewalk which would be extended into the cul-de-sac. Kipp replied that the sidewalk would be extended approximately 210 feet into the project with the proponent's design and would be extended to Sunnybrook Road if a through-street design were used. Hallett was concerned about children walking long distances to catch the school bus with a cul-de-sac design. Hallett stated that this area would develop eventually. Kipp concurred that it was unfortunate that the road had not been posted. He added that now the developers of a property with temporary dead ends are required to post them. This is part of the Developer's Agreement process. Bye stated that the City had developed a policy related to the use of cul-de-sacs and in the past had not set neighborhood integrity as a valid rationale to support the need for a cul-de-sac. Bye believed that it was important for the Planning Commission not only to consider the residents who lived here today but also to consider the residents who would live in the neighborhood 20 years from now and to plan today to provide a safe neighborhood. Bye recommended that the City Council set more specific guidelines for the policy. Bauer stated that he had been persuaded that safety issues and school bus issues were important. Bauer added that this was a difficult decision;however,he favored a through- street based on safety issues. [3jv Norman believed that there should be very compelling reasons to develop a 14 lot subdivision in this area. Ruebling did not believe that developers' economic concern should be a determining factor in City Planning. Sandstad stated that he supported a through-street design. Sandstad did not believe that aesthetics should be balanced against safety. Dodge stated that she personally liked larger lots; however, in this instance the safety issues outweighed the lot size. Dodge added that the proponent's plan was the City's dream proposal, but the safety issues were important. MOTION 2 Sandstad moved, seconded by Bye to recommend to the City Council denial of the request of Peter Andrea Company for Zoning District Change from Rural to R1-13.5 on 10.95 acres,with variances to be reviewed by the Board of Appeals,and Preliminary Plat of 10.95 acres into seven (7) single family lots, and road right-of-way for Welter's Purgatory Acres 6th Addition,as depicted in plans dated January 14, 1991,and based on the following findings: 1. The length of the cul-de-sac is beyond the maximum allowed by Code of 500 ft. 2. There is no alternative access provided for fire and other safety vehicles and school buses. 3. Recommend to the City Council that the policy regarding cul-de-sacs be clarified. Motion carried 5-1-1. Hallett voted"NO", Norman abstained. 3/I f STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Planner THROUGH: Chris Enger, Director of Planning DATE: February 8, 1991 SUBJECT: Welter's Purgatory Acres 6th Addition APPLICANT: Peter Andrea Company FEE OWNER: J. B. &D., Inc. LOCATION: North of Welter's Way and South of Sunnybrook Road REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 10.95 acres with variances to be reviewed by the Board of Appeals. 2. Preliminary plat of 10.95 acres into 7 single family lots,one outlot and road right of way. BACKGROUND 1 This project was continued by the Planning l l Commission on January 28, 1991 in order •'-\ for the proponent to submit a plan which -1 �,� '9) «c < < depicts a through road to Sunnybrook Road, ;,-r:'�c^ - - ' as required by previous City Council action. _t ""''��i`-�� Other concerns raised by the Planning L';�4'g N ,• . .-PROPOSED SITE Commission were road assessment to the 14•-/.: �.�, - ;'.,', �- two existing housing units, fire protection'---f1 P �:„�::�i��;j.. • \•;.,\��� and tree loss. ;!_;._ •:'���:':�� ^,.�' ` �—,� This plan will allow the Planning l t Si; Commission to decide if a cul-de-sac or'•�� � ' = i;�*- -t.-^�% • ' through road design is most appropriate for tics. I G the site and surroundingneighborhood. -•�t, � T g 1 PUB 'z � � /41"1 j ,- -�" ROADWAY ANALYSIS -F e -Fir- The through mad plan submitted by the r rr_ proponent depicts a 14 lot subdivision along r1_ix r, ` --N . L a curvilinear road design with a maximum ' '_ T --___ ',Fth,2.5 \ 1 1:_.1 ' • .3 1 m AREA LOCATION M f � grade of 5%. The project is shown at 1.3 units per acre,still well under the maximum 2.5 units per acre allowed by code. However, due to poor soil conditions, the viability of some of the lots is questionable. The design of the roaa as proposed indicates more tree loss than the cul-de- sac plan. However,the majority of additional tree loss can be prevented by shifting the centrally located curve in the road. This would shift the house pads and back yard grading away from the existing box elder trees. In addition,by continuing the variance requests for front yard setbacks of 25' along the east side of Welter's Way as proposed with the cul-de-sac design, additional trees can remain. (See attachment) The cul-de-sac design shows house pads only one foot above the road grade,while the through road depicts the proper two foot elevation difference. A plan revision to the cul-de-sac design will create additional impact on the trees within Lots 5,6 and 7. An additional 18 inches of significant trees will be removed with the construction of a through road versus the cul-de-sac. The cul-de-sac proposal will create an 85% loss of significant trees. The through road design would increase the significant tree loss by 5%. With regard to road assessments,should the proponent petition for improvements,please see the attached memo from Al Gray, City Engineer. In addition, Spence Conrad, Fire Chief, has included a memo regarding cul-de-sac versus through streets for fire protection. SIDEWALKS Should a through road design be approved, the proponent will need to extend the existing five foot wide,five inch thick concrete sidewalk along the west side of Welter's Way to Sunnybrook Road. SUMMARY The main issue that needs to be addressed in the review of this proposal is whether the use of a cul-de-sac for Welter's Way meets the necessary criteria to warrant one. Many issues have been raised including open space, cul-de-sac length, tree preservation, emergency vehicle response, deer corridor, neighborhood integrity and traffic. If the Planning Commission believes that the criteria to warrant the use of a cul-de-sac for this development has been demonstrated and is the best way to develop the property, action would be to recommend approval of the request because of tree preservation and maintaining maximum deer corridor area based on the staff report of January 25, 1991. However,if the Planning Commission believes that the use of a cul-de-sac is not appropriate and that a through road design is warranted and the best way to develop the property,the appropriate action would be to recommend denial of the request because of the length of the cul-de-sac and lack of alternative access for lire and other safety vehicles. I . . 111041. 1 .• ' • ..e, f -\,,,..,:.• . -_ ., .,• ••'--. -• ' -.:- ' . -,,\..,: ,•II".. i , ''',. '4. 405111V 6.IN im••:. 0•C r, • \,. N. la*%.1..1k, ..? , '• N N ' - . •• pompom. TF-Ez t ,\• oss ere,E T) - 60‘1•••• co„,...ppe 0,4 THitoucirt!IAD i i /1ftilib•,„ it,3 Tt-AV0 .:,, ----8.,—— I f•••• - -, - ------, . , • NW' Viii, 1114 . - s ; , ,•!L,,,.g. ,,,,, ,.. , \\„,.\ ill \\ ';',,,,.•., •,... ; .•V ‘ I — '.; ' , ' •:4..,A 4i,....- , . \ - ",-,‘,, ,::V._ Za• : LL\•\,.. \-A.''6\v.\.--'.'/ • . - ‘ _. )1•\ .\. • ;, titon961PIP' A ‘ttl :.,. . . .4, "cU• • \\ % ' . _5 9 .-....4k. '''.1,.4...r•-• \ L •iii, _ _ ' .-. .,.-,: . 1'•y'l ".• . ' .4\ r 1 1 , gi i •" . . , \ . ' ... ...----.--•---- _......-,_._ ---- - - • ,. mad—.e°411.,3 tt'6.4 .1.. , • le , y '. --lIgn, Rit •1110 // 11111V1 e.r.;: tirt .,11Slil ii A f li 0.! iftt, 1 Tftth5' WWI i 2 , - ;11111111101111 ,ili /Z ill* ill 1 l 1 \ • lowerr7---;" k'.t ''''' 4. \VA 1 i•: : 1 ,k ..,. . ,.. . ..„. )---:- 1\:'• ' %).• 7117tzi\ -..\ (11 \' , 11": (.... C. .. h.j\\\::. '`.'4-•;:•., ).,1111 i'.1. '-..,3\''" • . •,•,-, :.,: • :...— , —Z t fi 4 111 < . . \. .t.---- -.•:, ' ---.— ..,..::•-',,— ,, ,,.•.,41,..,4,10.:1 ... . ,.... ,, - •,•.. '7•-1. •..• • "At, % ..;1k314*-% 1,, 0, .,''.!;` ''.,•' Nk ,...,ii, ,--- .:. .•‘ .„_...-'— .. ^ 1:k '''..i . ,. , • .*r . \ 's.':'*1-1*.1,,,—,F:Tit '11 •" 'I. V\s . A \.' '."1.l'. ' ''• \\ kt --:- --:•=r• ,.... , :.I)`'•\• . liliv ,# •-, .\\ \<::,., \ '''• \ 111 ,- •,.. , 1 1, A .. • \''\ ..-.-‘T .:-—:-.----..-- s\ :.•\ , ':\ ita. ••• s„ :" Ai+ 1 ....,.. . .,-.:-....‘ 4e,‘‘, . 1.,:•••.,\„.. :?,‘.., , ••„,e,?f% 01 7 ' \ • \ N.-.4' I ,IF,,-0. • \ \ .., \ ,:• . ?iv, •.\ "I'af "...i.• . \ • .., \ I '''' '..".7AN't‘\...' . q't___c''. \. • '..--- ' NW.t'l\ ' ''.. .4 0'. • '--5,,,,.;. -'- . .... . • q \'- \ tr- : ....er- , ", , •,,„ , -' - %, , i •, •,_ ., 1. .., ,-, ,,,-,ve:„. \ ‘:-...., , - ----- ---- ' • -,, -MEMORANDUM - TO: Planning Commission FROM: Alan Gray, P.E., City Engineer DATE: February 7, 1991 SUBJECT: Welter Purgatory Acres 6th Addition This memo discusses possible assessments to two existing single family homes that would be adjacent to Welters Way if it were extended north to Sunnybrook Road through the proposed Welter Purgatory Acres 6th Addition. It is the opinion of the Engineering Division that if this segment of Welters Way were constructed as a City improvement project,assessments would not be levied to the two existing homes since it cannot be clearly demonstrated that construction of the road would result in an increase in the market value of the properties. One of the existing homes would be in the southwest corner of Sunnybrook Road and Welters Way. This existing home now faces and takes access to existing Sunnybrook Road. The proposed extension of Welters Way would abut the east property line of this parcel for a distance of approximately 180 feet. This property would only benefit if there were an opportunity to further subdivide the parcel and take access onto Welters Way. This does not appear probable given the size of the existing parcel and the location of the existing house on the parcel. The second home in question is located in the southwest corner of the proposed plat. The current home on the property has access via a long driveway to Sunnybrook Road. The garage is at the lower level and topography would not permit access from this garage location to proposed Welters Way. In our opinion, an increase of value of the property cannot be demonstrated from the extension of Welters Way as shown on the preliminary plat. If the subdivision is graded by the developer and Welters Way were constructed as a standard residential street extending north to Sunnybrook Road along an alignment as approximately shown on the preliminary plat,we would estimate that assessable cost would be approximately $75,000. The assessment for street improvements to a new residential subdivision of 12 lots would be$6,250 per unit. As a comparison, the assessments for street improvements in the Summit/Meadowvale/Red Oak Drive neighborhood are estimated at$7,090 per unit. In summary, it is our conclusion that the two existing homes adjacent to the proposed Welter Purgatory Acres 6th Addition subdivision would not benefit from the extension of Welters Way and assessments would not be proposed in the event the street were built as a City project. Furthermore, assigning the full cost for construction of Welters Way to the lots within the proposed subdivision results in a unit cost for street improvements that is lower than in other existing residential neighborhoods lwithin the City. ADGasa --/ / ) Dsk.AG.WELTER.6th1/ /� ( f N T TO: Scott Kipp Planning Department E FROM: Spence Conrad Said/ Fire Chief R DATE: February 7, 1991 SUBJECT: Purgatory Creek Development cul-de-sac vs. through street Eden Prairie Fire Department would like to recommend a through street in the Purgatory Creek Development. 0 We understand that cul-de-sacs are nice because they cut down on F traffic in the neighborhood, but from an emergency response point of view, they can cause problems. Our standard response to a fire is two fire engines, one ladder truck, one heavy squad, one light squad, and a chief officer. • The first arriving engine will connect a large hose to the closest ' fire hydrant, which may require to block the street. Other trucks cannot get in or out, police cars may be stuck in the cul-de- sac, until the fire is out. If another emergency would occur C down the street (heart attack, for example), the ambulance would be delayed because of having only one way in and out. EIn the case of Welters Way, our fire station is very close, but we would have to go an extra mile to get to the end of the street. It's the "I can see it, but I can't get to there from here" syndrome. I hope our input will be of some help. M E M 0 -1 O MINT{ 1 «e.uill �i kif/. - ZISItt NO F ` ii 14 iK.-; 'Mg MIll 2- i I 1 !; 7/I.' ...4 ,,,; . J i „,„. .,,... iv-s.- , * •- 641 gilL'I. .. t ' ".! N irtri G •, "}yt m` / 'z•� ... / _ --4— - - , •7—, • s, ;-T itlit IN 1 -E,4,4 - t SW _ iii • ti ifS . tf' } f = _ k,} \ �" S l y = r OR" a ; ;I f 1, ,At/ e i am � , � .. m m • Ale ca in • r 4.. p - t _.fir_ 1 ..-_..-..__.__.._..- � / it , 50 i/ ( STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Planner THROUGH: Chris Enger, Director of Planning DATE: January 25, 1991 SUBJECT: Welter's Purgatory Acres 6th Addition LOCATION: North of Welter's Way,South of Sunnybrook Road APPLICANT: Peter Andrea Company FEE OWNER: J. B. &D., Inc. REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 10.95 acres with variances to be reviewed by the Board of Appeals. 2. Preliminary plat of 10.95 acres into 7 single family lots,one outlot and road right of way. 1\— BACKGROUND .\ 1, �r:V _ . \ The Comprehensive Guide plan depicts this ;: )t • 1\ - ;- property as low density residential for up to - I/ Q, , 2.5 units per acre. The site is located north : ; ,. ./ l Jt.J1. , c,, < , r E of Welter's Way and south of Sunnybrook' MT, / ,, „.. .,_. Road. The site contains poor soils and a• .11,;:it;,5" a __; PROPOSED SITE DNR protected wetland on the east side. On! ,�y ' ,,„ the west side, suitable soils exist for road I F :.�4..i.*•i ' - - and house construction with topography}` r ;V:,••ico, I ,t,•. \, rising to an elevation of approximately 835.17=7-;- - !- ;:•;4:i:;• 1°- ' "�r-';':';. .`Z�-- . The site is heavily wooded. In 1986 the' ` ;6:04,14 y_,�• City Council approved Welter's Purgatory t� .T, �'.'' .\�\.I , RI - .LJYir,^�i f f Acres with a temporary dead end at Welter's' s„fi;�� t 'b. -,Ilk .i^• !�-•\\ ; , Way to anticipate a through road connection; ;;� _ ;+• G;, 0` 7!'r5rh1.-i Y' tJ -J I. in the future. I PUB `mow �.�%,ti!1.- 1 Zek. � ji SITE PLAN I t'b.`r• ' i-q� .1" The proposal is to rezone the 10.95 acre site .j to R1-13.5 and plat 7 single family lots at aN 1 .461.4 -1 '\ `�( j • ' density of 0.64 units per acre. All lots but -,at' jtt R/ 2.5 \\\ . r s,:` i tIC'l , ' IF'; ,i. .\.�. i" {1-7 fr i 'v i I ) - i 317 ` AREA LOCATION A '.•.� „ ..A! ' ( one exceed an acre in size, with an average lot size of 62,187 square feet. DNR protected wetland#1008W lies to the east and will be included in a conservation easement. Due to poor soil conditions, the development must be kept to the west side of the property. The proponent is requesting a lot frontage variance for Lot 4 from 55 feet to 20 feet,and front yard setback variances for Lots 5,6 and 7 from 30 feet to 25 feet. The frontage variance along the cul-de-sac may have merit since it provides a more uniform and functional lotting pattern. The front yard setback variances are proposed to keep the homes as far from the wetland area as possible and to minimize tree loss. The adjacent homes to the south within Welter's Purgatory Acres were approved with 25 foot setbacks as well. Access is provided to the existing house in the southwest corner with the proposed road design. Currently,the house utilizes a driveway easement to Sunnybrook Road. Proposed lot 1 provides an easement for a portion of the driveway. The property conforms to the Shoreland Ordinance. ROADWAY ANALYSIS In the review and approval of Welter's Purgatory Acres,the City Council required that Welter's Way be extended to the property line of this site to anticipate its extension to Sunnybrook Road or Homeward Hills Road. If it were the intent to cul-de-sac Welter's Way,the extension to this site would not have been necessary,and access to the property would be from Sunnybrook Road or Homeward Hills Road. It is a City policy to eliminate cul-de-sacs from development proposals that are considered unnecessary. Only when significant land features or traffic concerns are prevalent should cul-de- sacs be proposed. In addition,City Code limits the maximum length of a cul-de-sac to 500 feet. This proposal would create a cul-de-sac in excess of 1,500 feet. Two through road options have been identified in the proponent's narrative. These options are unrealistic since the roadway and house pad locations are encroaching too much into poor soils and the protected wetland. Because of this, the number of lots indicated is not possible. Staff has analyzed four additional options for a through road(attachment). Options 1,2 and 3 of the attachment show connections to Homeward Hills Road and Sunnybrook Road; however, the following issues make these options unfavorable: floodplain encroachment questionable soils existing house setback conflicts creation of double frontage lots few lots possible assessment costs multiple land ownership NSP powerline easement ( f Option 4 provides a connection to Sunnybrook Road. This alternative keeps the through road completely within this property and on suitable soils. To construct this connection,it would be necessary to remove some additional box elder trees and build a retaining wall. No additional significant tree toss would be necessary with this option versus the proposed cul-de-sac. The following lists the pros and cons of a through road connection in this location: PROS CONS -Better traffic distribution for Welter's Purgatory Acres. -Additional road construction costs. - Access for fire protection and less response time for emergency vehicles. -Some additional tree loss and site grading. -Eliminates a cul-de-sac of 1500 feet. -Creates one double frontage lot. -Would maintain an "executive" development entrance. -Creates an additional lot, possibly two, based on tot width design. GRADING AND DRAINAGE Grading is being limited to road construction, with individual lot grading to follow with home construction. Some berming is proposed along the west property line to screen the existing driveway. The east half of the property contains unsuitable soil for house pads or road construction. The site is heavily wooded consisting mainly of box elder, with additional oak and ash trees. A total of 344 caliper inches of significant trees occupy the property with 294 caliper inches proposed to be lost. A tree replacement plan for 294 caliper inches has been submitted,based on the tree preservation ordinance. The majority of the site drainage will be directed to protected wetland#1008W at which point it is directed to a secondary pond and then to Purgatory Creek. A high water elevation of 806 - has been shown with all housing proposed at least two feet above this elevation. The DNR is concerned about direct runoff into a protected wetland and suggests that additional ponding take place to act as a sedimentation basin prior to entering the protected wetland. The proponent should work with the DNR to address this issue prior to City Council review. UTILITIES Sewer and water service will connect to existing lines in Welter's Way. Sewer and water service will be made available to the existing house in the southwest corner for future connection. The o�.v Engineering Department requires that the water line be extended and connect to the six inch line in Sunnybrook Road. • LAND DEDICATION AND CONSERVANCY ENCROACHMENT Outlot A will be dedicated to the City. This will not be in lieu of cash park fees. However,the proponent requests that the encroachment within the Purgatory Creek Conservancy area be approved in exchange for the outlot. Poor soils,tree preservation and the protected wetland are reasons for the roadway encroachment into the conservancy area. Proposed Lot 1 does not contain any significant forestation or topography that lend the area for special preservation. In addition, the existing house and driveway bisect Lot 1 from the conservancy area. SIDEWALKS AND TRAILS The existing sidewalk on the west side of Welter's Way will need to be extended approximately 210 feet into the development. A future trail connection will be made by the City for access to the Purgatory Creek corridor. This trail location will replace the access previously approved between Lot 1, Block 3 and Lot 2, Block 4, Welter's Purgatory Acres 2nd Addition. RECOMMENDATIONS If the Planning Commission feels that the use of a cul-de-sac is the most appropriate way to develop the property. Staff would recommend approval based on this Staff Report,plans dated January 14, 1991, and the following: 1. Prior to City Council review, proponent shall: A. Extend concrete sidewalk approximately 210 feet into the property on the west side of Welter's Way. B. Extend the 6 inch water line to Sunnybrook Road. C. Meet with the DNR to resolve the drainage issue. 2. Receive a waiver from City Council for a cul-de-sac in excess of 500 feet. 3. Prior to final plat, proponent shall receive variances from the Board of Appeals and Adjustments for lot frontage and structure setbacks. 4. Prior to final plat release, proponent shall: A. Submit a cross access e2rement for that portion of the private driveway that crosses the corner of proposed Lot I. B. Submit conservation easement documents for DNR protected wetland#1008W. • t � C. Dedicate Outlot A to the City free and clear of any liens, mortgages or other encumbrances,or environmental hazards. D. Submit surety for the tree replacement of 294 caliper inches. 5. Prior to grading permit issuance,proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off,erosion control,and utility plans for review by the City Engineer. • C. Notify City and Watershed District 48 hours in advance of grading. D. Install erosion control and tree protection fencing at the construction limits. 6. Prior to building permit issuance, proponent shall pay the cash Park Fee. If the Planning Commission feels that a through road design is the most appropriate way to develop the property, staff would recommend a continuance with the plans returned to the proponent for revisions based on this staff report. 5aa [ _ r o , — ile c© ail S cl) V,71 SITE . I iii \\ C 01 ems lornoN yi it CI S��N�tb�1F ; al 313 0WNW() CO z ; O c CC IL /3 a I: N.S.P. LA` CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MIINNFSOTA RESOLUTION#91-39 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CUB FOODS FOR SUPER VALU STORES,INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Cub Foods for Super Valu Stores,Inc.,dated February 14, 1991, consisting of 11.75 acres into one lot,one outlot and road right of way,a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances,and amendments thereto,and is herein approved. ADOPTED by the Eden Prairie City Council on the 19th day of February, 1991. Douglas B.Tenpas,Mayor ATTEST: John D. Franc,City Clerk r PLANNING COMMISSION MINUTES-JANUARY 28, 1991 B. CUB FOODS(91-3-Z-P-SPR) Request of Super Valu Stores, Inc. for Zoning District Change from R 1-22 and PUB to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 9.81 acres; and Preliminary Plat of 11.57 acres into 1 lot, I outlot and road right-of-way for construction of a 73,000 square foot building to be known as Cub Foods. Location: Northwest corner of W.78th Street and Prairie Center Drive,south of Leona Road. A public hearing. Pat Groeper,representing the proponent,thanked Staff for it's time,support,and helpful suggestions to make this plan what it is today. Groeper stated that the 35- foot setback could not be met along the loading dock area because of the proponent's desire to completely enclose the dock area and,therefore,a variance was being requested. The proponent would construct Road A. Road A was proposed to align with the Eden Prairie Mall roadway so that signalization could be installed when determined necessary. Truck traffic would have a right-in only from 78th Street. Parking for 438 cars would be provided. Extensive landscaping would be provided and a screening wall would be placed along Prairie Center Drive to screen the building. The proponent requested the ability to move some of the trees around the entrance to the loading dock area if necessary. Groeper said that the cart corrals would also be screened with landscaping. A small green space area would be located along 78th Street. Utilities would be installed by the proponent. Groeper noted that the proponent would need to work further with Staff on drainage issues. The proponent proposed to petition the City to provide a feasibility study regarding the drainage problem. The exterior facing the west would be largely glass. Soldier coarsing and a panel style brick design would add character to the exterior of the building and help to mask the size. The canopy would be a green color to match the Eden Prairie logo. The dock area was as high as the building and was actually considered part of the building. Uram asked Groeper to comment on the construction schedule. Groeper replied that the proponent would like to begin construction this spring or early summer if the drainage issues could be resolved. Dave Kirsch, representing the proponent, stated that the proponent had tried to develop the project free of concerns. He noted that prior to the enclosure of the loading dock area the plan was in compliance with all setback requirements. Kirsch concurred that the drainage issue needed to be resolved before construction can proceed. Uram reported that Staff had been working with the proponent for approximately a year on this project. Cub Foods would construct a commercial grade street and dedicate the street to the City. The building space would be approximately 73,000 square feet. The setback variance was due to the enclosure of the loading dock area. Uram recommended that the proponent petition the City for the feasibility study regarding the drainage issues as soon as possible. Uram stated that the signage package was important and noted that a maximum of 325 square feet of signage would be allowed and additional signage would not be permitted. Uram recommended that the 6-foot evergreens be increased to 8, 10,and 12 foot evergreens. He stated that the number of lights should be limited and the lighting color needed to be consistent. Sandstad asked if a ponding option had been considered regarding the drainage problems. Uram replied that the only location for a pond would be in Outlot A, which would not be feasible. He added that the storm drainage was currently going into Eden Lake. Norman asked what the Outlot was for and if it would be maintained by the proponent. Groeper replied that the proponent believed that the Outlot would be developed at a later date. Norman asked if Leona Road would become a through street. Uram replied no, because of the grade difference. Groeper added that the proponent would like to see Leona Road vacated. Norman believed that safety would be improved in the area if Leona Drive could become a through street. Groeper replied that Road A would allow access to Leona Road from 78th Street. Bye believed that the intersection at 78th Street would need to be signalized. She noted that it was already difficult to get in and out of the office building adjacent to this site. Bye asked when the trucks would make deliveries. Groeper replied that the majority of trucks would deliver during the late evening hours which are from 7 p.m. to 10 p.m. and weekends. Uram noted that the recommendation to enclose the trash compactor area should be added to the recommendations. Groeper stated that the area would be screened. Dick Lynch, 11426 Leona Road,asked how wide the proposed Road A would be. Groeper replied that the road would be 2 lanes(36-feet wide). Lynch asked what type of sewer lines would be installed. Groeper replied that would be constructed to City standards. Lynch asked who would pick up the cost to maintain Leona Road. Uram replied that Leona Road was not proposed to be upgraded at this time. Uram added that Cub Foods could not petition for the entire length of Leona Road to be upgraded. Lynch believed that Leona Road was not capable of handling traffic and questioned having an commercial Road A intersection with Leona Road which was not upgraded. Lynch did not believe that Leona Road would be petitioned for improvement. Fti 1 Norman asked Lynch how he felt about Leona Road being upgraded. Lynch ( replied that he did not want the improvements and especially did not want to be responsible to pay for the improvement. Uram noted that where the road would end was subjective at this point. Lynch asked what screening would be provided along the northern boundary of the parking lot. Groeper replied that the screening would be as presented on the plan and noted that the parking lot was 4-to-5 feet lower than Leona Road. Kirsch recommended consideration of ending Road A in a cul-de-sac. Hallett asked if development in this area would be speeded up because of the Cub Food store. Uram replied that development could not be predicted. Lynch questioned the lighting to be used for the parking lot. Groeper replied that the lighting would be downcast and would not spill onto adjacent property. She added that the poles would be approximately 40 feet high. Sandstad asked if Leona Road were upgraded if this would provide relief from traffic on 78th Street. Uram replied that this project was not subject to the upgrading of Leona Road. Sandstad recommended that the exterior design be constructed as per the proponents plan. Ruebling asked what the time frame would be for the drainage studies. Uram replied that as soon as the petition for the study was filed it would be given top priority. Ruebling asked if additional landscaping could be provided along the front of the building. Groeper replied that greenspace was not available in the front of the building. Ruebling asked if provision would be made for turn lanes on Road A. Uram replied that turn lanes could be provided. Ruebling was concerned about stacking at the intersection. Ruebling asked if Leona Road could become a dead-end. Uram replied that this would depend on what the City wanted to accomplish. Uram added that traffic volumes might speed up the upgrade process. Ruebling added that he was concerned about the wear and tear on Leona Road. Uram noted that upgrading Leona Road would be a City Council decision; however, the Planning Commission could make recommendations. Norman believed that the proponent had presented a well thought out plan. She recommended that Leona Road be upgraded. C Hallett did not support the upgrade of Leona Road if this would result as a cost to Lynch. Uram noted that Staff was not recommending an upgrade. He noted that if an upgrade were recommended as deferment of assessments may be avilable for Lynch. Hallett asked if Cub Foods was proposing anything different at this location because the corporate headquarters were located here. Groeper replied that the primary differences would be seen inside the store. MOTION 1: Bye moved,seconded by Sandstad to close the public hearing. Motion carried 5- 0-0. MOTION 2: Bye moved,seconded by Sandstad to recommend to the City Council approval of the request of Super Valu Stores, Inc., for Zoning District Change from RI-22 and Public to C-Reg-Ser on 9.81 acres, with variances to be reviewed by the Board of Appeals, for construction of a Cub Foods store,based on plans dated January 14, 1991, subject to the recommendations of the Staff Report dated January 25, 1991, with the addition under Item D that a lighting plan be submitted for the loading dock area and that the trash compactor be enclosed. Motion carried 5-0-0. MOTION 3: Bye moved,seconded by Sandstad to recommend to the City Council approval of the request of Super Valu Stores, Inc., for Site Plan Review on 9.81 acres for construction of a 73,000 sq. ft. Cub Foods store, based on plans dated January 14, 1991, subject to the recommendations of the Staff Report dated January 25, 1991, with the addition under Item D that a lighting plan be submitted for the loading dock area and that the trash compactor be enclosed. Motion carried 5-0- 0. MOTION 4: Bye moved,seconded by Sandstad to recommend to the City Council approval of the request of Super Valu Stores, Inc., for Preliminary Plat of 11.57 acres into one lot,one outlot,and road right-of-way for construction of a 73,000 sq.ft.Cub Foods store, based on plans dated January 14, 1991, subject to the recommendations of the Staff Report dated January 25, 1991,with the addition under Item D that a lighting plan be submitted for the loading dock area and that the trash compactor be enclosed. Motion carried 5-0-0. aaL, 1 c MOTION1 Norman moved,seconded by Bye to recommend to the City to initiate a study to upgrade Leona Road to Street A. Motion carried 5-0-0. Bye supported strongly the Public Safety memo. c ( STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Planner THROUGH: Chris Enger, Director of Planning DATE: January 25, 1991 SUBJECT: Cub Foods LOCATION: Northwest corner of W. 78th Street and Prairie Center Drive, south of Leona Road APPLICANT: Super Valu Stores, Inc. FEE OWNER: Turner Development REQUEST: 1. Zoning District Change from R1-22 and Public to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board of Appeals. 2. Site Plan Review on 9.81 acres. 3. Preliminary Plat of 11.75 acres into one lot,one outlot and road vncUOtM right of way. ,��, C-REG�ER ,. ' t-2 1 EXECUTIVE OVERVIEW ��� ! ' ' 6 t Staff is recommending approval of the �� � /,1,1 Zoning District Change from R1-22 and ---=` C-R.G' Rr;� vT Public to C-Reg-Service to allow for the 9.-f, -, U \•� construction of a 73,000 square foot Cub C '` i -RE_G-�Eg-. . Foods. This approval is based on the design i.. .--; '( ' ; ,,,, i of the project and consistency with the ( �L C Comprehensive Guide Plan. r �• Y 1 tl • a ^ 'r` = i T rL I c .4 , tpFC:\= Major development issues relatingto this 1, 0."'�'''' project are identified as follows: ;EA E r/�� i� +�;!� �� 5 I. Land UseAda�:� _HW I PROPOSED SITE The location of this site at the ! C-HWY� intersection of Prairie Center Drive ,47 and West 78th Street makes this i f' project highly visible. Because . of this high visibility, it could be C-rREG ^, g Y+ _ C RAG-)S�EER ,,.:: C-REG-SERA �� • u C-REG-YER ,C, ..._s .).:-:: 0 AREA LOCATION MAP C C considered as a"gateway"site for the City of Eden Prairie. It could also be considered I as the eastern entrance to the Major Center Area(MCA). Site lines developed by the proponent indicate that this project will be visible from approximately 1 mile to the east on 1-494. Because of its location and high visibility, this site was previously envisioned as a hotel/convention center or corporate office location. However,development plans for this type of land use have not materialized because of market conditions. The current proposal is for a Cub Foods grocery store, which is consistent with the Guide Plan designation for a Regional Commercial land use. Due to the visual dominance of the site and the question of"highest and best" land use, site planning and design are all issues. 2. Building Architecture The following architectural and site planning techniques have been used to address the possible negative aspects of the use and make them positive design features: 1. The building's primary material is facebrick. 2. The loading facilities are enclosed within the building. 3. The front, sides and rear of the building all utilize similar architectural elements. 4. The landscape plan consists of 649.5 caliper inches of plant material and is designed to screen the parking areas and "soften" the building mass. 5. All signage is coordinated. The pylon sign is designed to match the architecture of the building. 6. All light standards will be coordinated with adjacent land uses. This includes pole style and color, fixture type and lamp color. 7. Mechanical equipment will be screened by standing seam metal panels. 8. The front building elevation incorporates the use of glass and canopy columns. 9. The side and rear elevations use brick patterns and panel "reveals" to add detail and break up the linearity and mass of the building. 10. Significant landscape islands are used within the parking lot for additional green space. In addition, staff has been working with Super Valu on a design for a "gateway monument"into the MCA which would be placed on the enclosed loading facility wall. C C By doing this, a possible negative aspect of the project has been turned into a positive one. 3. Utilities The existing storm sewer system in the area does not have the capacity to handle the development of this project site. The attached Engineering memo discusses the need to undertake an overall drainage study for this area to determine a solution. Because this site falls between watersheds,a preliminary study indicates that the runoff should go to Anderson Lakes. In addition to extending the storm sewer, the construction of a stormwater pond will also be necessary. The City will be initiate the study;however,a petition from Super Valu to do the work is suggested. Presenting a petition will enable the City to speed up the feasibility report process. 4. Traffic/Leona Road A previous traffic study for this site based on 104,075 square feet, which included a 67,600 square foot Cub Foods,was projected to generate 11,764 daily trips and 911 trips the p.m.peak hour. The current proposal is projected to generate 10,744 daily trips and 798 trips in the p.m. peak hour. The projected traffic volumes will not significantly effect the level of service at adjacent intersections. Leona Road,which is currently unimproved,abuts this property to north. Because Leona Road provides access to other properties in the area, a special assessment agreement is required for future upgrading. This agreement would become void if all parties agreed to vacate. Cub Foods has dedicated 70 feet of right of way and will construct Street"A" between Leona Road and West 78th Street. ADDITIONAL BACKGROUND The Comprehensive Guide Plan depicts this site and surrounding sites as Regional Commercial. Specific land uses and zoning classifications in the area include the Super 8 Motel, zoned C- Highway to the west;Welsh Companies, zoned Office to the east; First Bank, zoned Office to the south; and vacant property, zoned R1-22 to the north. The proponent is requesting a Zoning District Change from RI-22 and Public to C-Reg-Ser to allow for the construction of a 73,000 square foot Cub Foods grocery store. LAND USE Due to the location of this project at the intersection of Prairie Center Drive and West 78th Street,it is a highly visible site. Also, its location is important because it is at the entrance to the MCA. These two factors made the site desirable as a hotel/convention center or corporate office, Plans for this type of land use have not materialized,and now Cub Foods is proposing a 73,000 square foot grocery store. 32)2c Y I C A grocery store is an allowable land use within the Regional Commercial Guide Plan designation. Because of this,the approval of this project is not based on the land use alone but on architectural and site planning issues which can make this an appropriate use. These include the screening of loading facilities from Prairie Center Drive, I-494 and the adjacent land uses. It also includes the treatment of other grocery store operations such as truck loading and unloading, parking,storage of palettes and recycling bins. SITE PLAN/PRELIMINARY PLAT 1. The preliminary plat depicts the subdivision of the 11.56 acre site into one lot,one outlot and road right of way. Lot I, the location of Cub Foods,is an 8.59 acre site, while the outlot to the west of Street"A" will contain 1.75 acres. Dedicated right of way of 1.22 acres includes an additional 10 feet for Leona Road to the north and 70 feet for Street "A" 2. Cub Foods is proposing a 73,000 square foot store on the 8.59 acre site at a Base Area Ratio(B.A.R.)of 19.5%. City Code allows 20%. A total of 438 parking spaces are required at a parking ratio of six spaces per 1000 square feet. The site plan depicts a total of 440 parking spaces. 3. Building and parking areas meet the minimum setback requirements for the C-Rea Ser Zoning District with the exception of the building setback along the east property line. This is considered a front yard which requires a 35 foot setback. In order to screen the loading facilities from Prairie Center Drive and I-494, the building was designed to enclose them. Because the loading facilities are enclosed rather than open docks, the building comes within 14.5 feet of a point along the east property line. A variance to allow this is necessary. 4. Access to this site will be from West 78th Street,Street"A"and Leona Road, which is currently unimproved. Access from West 78th Street will be a right-in only for trucks to provide service to the loading dock area to the rear of the building. Street "A" provides two full access points and is designed with a 70 foot right of way and a 36 foot pavement width according to commercial standards. Street"A" aligns with the access to the Eden Prairie Center directly to the south so that this intersection could be signalized in the future if warranted. 5. Because Leona Road provides access to adjacent properties, a special assessment agreement signed by Cub Foods is necessary for future upgrading (see attached Engineering Memo). BUILDING ARCHITECTURE The Cub Foods store is designed to be rectangular in shape and is approximately 210 feet wide and 320 feet long. The majority of the building is 24 feet in height. Because of the size and linearity of the building,the architect has attempted to provide architectural relief on all building elevations. The front building elevation is designed with an enclosed cart area similar to I C Rainbow Foods and includes a 12 foot canopy. There are also columns and brick soldier coursing which add interest to the building. The other building elevations have been designed with relief created by '/inch reveals at spaced intervals on the building. Due to the length and size of the building, 1/2 inch reveals may appear insignificant from a distance. This could be resolved by"anchoring"the building at the corners. To do this,staff recommends that two,6"- 12" pilasters be placed at each corner of the building. This includes one pilaster on the corner and one spaced a specified distance from the corner matching the distance between reveals. Also adding to the architectural variety are brick soldier courses,corbaling and spectraglaze accents at the corners. Primary building materials include face brick, rock faced block along the base of the building and a dryvit stucco canopy. The building is placed in an east/west direction with the front of the building facing Street"A". Because of this,the loading facilities face I-494 and Prairie Center Drive. Site lines indicate that the loading facilities are visible from all directions. To resolve this issue,the building has been designed to enclose the loading and service area. This architectural treatment is similar to that used for Lunds. By enclosing the loading facility, a wall approximately 230 feet in length is located within 20 feet of the east property line. To take advantage of its high visibility,staff is proposing that a section of the wall become the first location for a"gateway monument" to the MCA. This would be accomplished by using about 800 square feet as a design feature identifying this area as Eden Prairie's"downtown". (see Entrance Monument memo) Rooftop mechanical equipment units are proposed to be screened by standing seam metal panels. GRADING Elevations on this site range from a high point of 900 in the northeast corner and the center of the site to a low point of 880 in the southeast corner. The site generally slopes from the north to the south. Due to the size of the building and parking areas, the entire project site will be graded. In order to construct the building pad and parking areas,a maximum ten foot cut will occur in the northeast corner. To do this, three, two foot retaining walls are proposed in the northeast corner to make up the grade difference. Minimal grading is required within City right of way for Prairie Center Drive to construct the project and install utilities. For screening purposes,a series of berms three to six feet in height are proposed around the perimeter of the site. A permit will be required for grading on City property in order to construct Street "A". Off-site grading is also proposed on the church property. Permission must be received from the landowner to complete this grading. UTILITIES Water and sanitary sewer services are available to this project site. There is an existing I2" water line and a 8"sanitary sewer line within West 78th Street. These services will be extended north in Street "A" to Leona Road to provide utility services to those properties to the north. Connections will also be made to service the proposed Cub Foods building and any building constructed on Outlot A. f 1� 5' C Although there is a storm sewer system within this area, the storm water calculations have indicated that there is not enough capacity to handle the proposed storm water runoff from this site. (See attached Engineering memo.) LANDSCAPING Based on the size and height of the building,456 caliper inches of plant materials are required for landscaping. In addition,there is 181 caliper inches of significant tree removal on the project which requires 100%replacement. The landscape plan provides for 649.5 caliper inches of plant material which meets the City Code requirement. The plan is designed primarily for the screening of the parking areas from Leona Road,West 78th Street and Street"A" The actual loading facilities will be screened by enclosing them within the building,while the entrance and exit doors will be screened by the extension of a screening fence. The landscape plan has taken into consideration the softening of this element of the building by providing plant material along the base of the building and screening wall. Because the loading facilities are open ended,it is possible to see into this area from Suburban Place office south across West 78th Street. Although you may not see the actual truck docks, it may be possible to see other activities such as pallet storage, recycling bins and other items associated with a grocery store. Also, any parked trucks waiting to enter the loading facility will be visible along the south building elevation. To help screen this activity,staff recommends that the 6 foot evergreens to the east of the right-in only be replaced with 8, 10 and 12 foot evergreens and final locations be subject to field location for most effective screening. OUTSIDE STORAGE The approval of this project is not only based on land use but on architectural and site planning issues. As mentioned,these include the screening of loading facilities and also the treatment of other grocery store operations such as truck loading and unloading,parking, storage of palettes and recycling bins. To ensure that these items do not become problems, staff recommends that Cub Foods acknowledge the following operating requirements with respect to the Property: 1. All forward-buy(bulk storage of a certain product)shall be enclosed within the building. At no time shall any bulk storage items be stored in any other location on the Property. This includes a unattached semi-tractor trailer. 2. All pallets are to be stored within the enclosed loading facility. At no time shall pallets be stored in any other location on the Property,nor shall such pallets be stacked so as to be visible. 3. No sidewalk displays of materials, goods, supplies, equipment or any other item • associated with the use shall be allowed. 4. No truck parking shall occur anywhere on the site. C Cub Foods shall agree to such operating requirements as part of the overall approval for the Property. They also acknowledge that any violation of any of said requirements will cause irreparable harm to the City of Eden Prairie and Cub Foods specifically acknowledges that City may seek to enforce said requirements by temporary restraining order or temporary injunction, as well as by all other remedies allowed to the City by law. In addition, Cub Foods agrees to pay all costs and expenses,including attorney's fees,which are incurred by the City in enforcing said conditions. TRAFFIC A traffic study was conducted in May, 1990 for First Western Development who originally proposed a Cub Foods on this site. The traffic study was based on a total of 104,075 square feet of building including a 67,600 square foot Cub Foods and a 36,475 square feet of retail space. Using the trip generation rates from the study,staff estimated the daily trips and the a.m./p.m. peak hour trips for the current proposal. Based on these figures,the daily trip generation would be reduced from 11,794 for the original proposal to 10,744 for the current proposal. A reduction in the number of trips in the a.m.peak hour from 119 to 77 and in the p.m.peak hour from 911 to 798 are also projected. Based on the existing traffic study, the projected traffic volumes for the current proposal will not significantly affect the level of service at adjacent intersections. The Eden Prairie Police Department has submitted a memo concerning the effect of this project on the intersections of U.S. 169/West 78th Street and U.S. 169/Leona Road (see attached). The traffic study conducted for First Western Development indicated a trip distribution for that proposal of 10%for the Leona Road/U.S. 169 intersection,while 25%would use the West 78th Street/U.S. 169 intersection. All others would use West 78th Street/Prairie Center Drive intersection. The purpose of the street connection between Leona Road and West 78th Street is to provide an alternative for those vehicles which currently have to use the Leona Road/U.S. 169 intersection. The development of this project and the associated street connection will help to alleviate the traffic congestion at the Leona Road/U.S. 169 intersection. SHORELAND ORDINANCE • This site is located within 1000 feet of Anderson Lakes and is subject to shoreland regulations. The regulation affecting this site is a maximum 30% impervious surface. The Cub Foods proposal is approximately 80%. Past variances have been approved based on the mitigation of the effect of stormwater run-off on adjacent wetlands. The overall drainage study will have to take this factor into consideration. LIGHTING Plans indicate lighting standards of 40 feet in height. Because of the difference in lighting standards used throughout the community,staff recommends that the lights used for this project match those existing in the area. This would include pole color, fixture type and lamp illumination color. SIDEWALKS There is an existing 8 foot bituminous trail on the north side of West 78th Street. Concurrent with the construction of Street"A",a five foot concrete sidewalk will be constructed along both sides of Street "A". The site plan shall be revised to provide connections from the proposed sidewalks to the building. SIGNAGE Cub Foods is proposing two signs for this project. This includes a front building sign which is proposed at 296.26 square feet. The Code allows for a maximum sign size of 300 square feet. A sign of this size will prohibit the addition of any other sign along the front building elevation. The floor plans for the building indicate a separate bank and pharmacy. It is anticipated that these tenants will want signage in the future. City Code states that for multi-tenant buildings, wall area is computed for each tenant based on the exterior wall area of the space that is occupied. The bank has an exterior wall area of 168 square feet. This would allow for a sign area of 25 square feet. Staff recommends a sign package be developed for the bank,pharmacy and Cub Foods with a maximum size of 325 square feet. Cub Foods is also proposing a pylon sign located at the intersection of West 78th Street and Street""A. The sign is designed at the code maximum of 80 square feet. In order to meet other Code requirements, the sign must be reduced in width to an 18" maximum,and the sign base to a maximum of 40 square feet. In addition, staff recommends that the pylon sign be redesigned to match the building architecture. STAFF RECOMMENDATIONS Staff recommends approval of a Zoning District Change from RI-22 and Public to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board of Appeals;Site Plan Review on 9.81 acres;and Preliminary Plat of 11.75 acres into one lot,one outlot and road tight of way subject to the following conditions: 1. Prior to Council review,proponent shall: A. Revise the landscape plan to reflect the replacement of 6 foot evergreens by 8, 10 and 12 foot evergreens along the south building, east of the right-in only for screening purposes. B. Submit a comprehensive sign package for the bank, pharmacy and Cub Foods detailing size, color, letter style and location on the building. The size of all signs shall not exceed 325 square feet. The sign package will be approved with no further signage allowed unless indicated on the approved plan. C. Redesign the pylon to meet the City Code requirements of a maximum 18" in width and a 40 square foot maximum sign base. The sign shall be designed to be architecturally compatible with the building. C D. Provide a detailed lighting plan depicting pole type and color, fixture type and lamp illumination color. E. Submit material building colors and samples. F. Provide sidewalk connections to the building. 2. Prior to grading permit issuance,proponent shall: A. Receive permission from the church and City for grading off-site. B. Stake the grading limits with an erosion control fence. C. Notify the City and Watershed District at least 48 hours in advance of grading. 3. Prior to final plat approval,proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, utility and erosion control plans for review by the City Engineer. 4. Sign a special assessment agreement with the City for the upgrading of Leona Road. This agreement will become null and void if all parties agree to vacate the existing right- -6 way. 5. Submit a petition to the City requesting an overall drainage study for the area to resolve the stormwater capacity problem. 6. Apply for and receive a variance from the Board of Appeals and Adjustments for a setback less than 35 feet from Prairie Center Drive. Mitigation for the reduced setback will be the construction of the enclosed loading facility,screening fence and landscaping. 7. Apply for and receive a variance from the Board of Appeals and Adjustments to allow for an impervious surface greater than 30% within a shoreland area. 8. Provide and construct"gateway monument" sign for the City. This is a building design element which is partial mitigation for the building setback variance. 9. Agree to the terms listed in the Outside Storage section. • C -MEMORANDUM- . • TO: Planning Commission THROUGH: Alan Gray, City Engineer FROM: Mary Krause +AK DATE: January 24, 1991 SUBJECT: Engineering Comments STORM SEWER We recommend that a feasibility study be conducted on the storm sewer system for the Cub Foods site and adjacent areas for the following reasons: 1. A comprehensive storm sewer system for the Cub Foods site as well as adjacent undeveloped areas is needed. The existing storm sewer systems adjacent to these areas do not have hydraulic capacity to handle the run-off that will be generated when these areas are developed. a. The storm sewer system in West 78th Street that leads to Prairie Center Drive eventually outlets into Eden Lake. The contributing drainage area to Eden Lake does not include any of the Cub Foods site or adjacent areas. This existing storm sewer system is currently operating at its design capacity with regards to the Eden Lake water levels. Additional flow could raise the water level of Eden Lake, affecting the 100-year flood elevations. b. The storm sewer located in Prairie Center Drive north of West 78th Street flows north to Lake Smetana. The drainage area for this system does not include any of the Cub Foods site. 2. The majority of the Cub Foods site is designated as a contributing drainage area to Anderson Lakes. 3. The proposed storm sewer system for the Cub Foods site utilizes temporary on- site storage of the storm water within the parking lot area before discharge into the storm sewer. This temporary water storage would take place near the front of the parking lot where the highest density of parked vehicles would be. I C C SPECIAL ASSESSMENTS ON LEONA ROAD An assessment agreement is recommended for future improvements to Leona Road along the north boundary of the site. Improvements to this street segment may be necessary to accommodate development at abutting property north of Leona. Improvements would benefit the Cub Food site as well as other properties. Future assessments to the Cub Food site would be based on one-half the cost of the street section constructed. The appropriate street section would be based on the proposed abutting land use. • TRAFFIC Public Safety is concerned with the traffic capacity of the unsignalized intersections at Leona Road and West 78th Street with TH 169. The Engineering Division will coordinate review of these intersections with MnDOT. CONCLUSION.. A. It is recommended that a comprehensive storm sewer system be studied for the Cub Foods site as well as adjacent undeveloped areas. The City of Eden Prairie will initiate the study. To speed this process up, we suggest that Cub Foods sign a petition requesting that the City of Eden Prairie undertake this Feasibility Study. This study should include: 1. Drainage areas 2. Sedimentation or treatment of storm water 3. Possible alignment for storm sewer placement 4. Storm sewer sizing 5. Outlet B. Intersections of Leona Road and W.78th Street will be reviewed with MnDOT. C. An assessment agreement for Leona Road is recommended. 3qv 1 , $$ES°ro (`nneaota Department of Transport' �n spitMetropolitan District \ Transportation Building St. Paul,Minnesota 55155 yrOF Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office,2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Telephone No. 593-8753 February 6, 1991 Mr.Chris Enger Director of Planning City of Eden Prairie 7000 Executive Drive Eden Prairie, Minnesota 55344 In Reply Refer To: C.S.2745 TH 169 Cub Foods @ SE Quadrant of I-494/TH 169 Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: - If current drainage patterns and runoff rates are maintained,the proposal will not affect highway drainage. The proposal should be reviewed by the Nine Mile Creek and Riley-Purgatory Creek Watershed Districts. - The proposal may be inconsistent with planned 1-494 highway improvements. Specifically,the proposal conflicts with the proposed 1-494 eastbound off-ramp to Prairie Center Drive in that the proposed ramp may encroach upon the Cub Foods parking area. Coordination of this local action with planned Mn/DOT 1-494 highway improvements is recommended. - The City should be aware that the proposal could generate up to 13,500 daily trips and up to 1,400 trips/hour during peak use periods. These figures were calculated using the 4th Edition of the ITE Trip Generation Handbook. MINNESOTA � 1990 1 An Equal Opportunity Employer A < < Chris Enger February 6, 1991 Page Two Please note that the figures assume parking is available to accommodate the trips generated by a supermarket with the proposed square footage. If you have any questions in regard to our review of the plat please call me. Sincerely, Tim Henkel Transportation Planner cc: Steve Keefe-Metro Council Les Weigelt-Hennepin Co.DOT Mike Reiter-Hennepin Co.Surveyor • I City of Eden Prairie ecterr City Offices pr irk=.. 7600 Executive Drive • Eden Prairie,MN 55344-3677• Telephone(612)937-2262 January 30, 1991 Ms. Pat Groeper Assistant Manager, Retail Development Super Valu Stores, Inc. PO Box 1451 Minneapolis, MN 55440 Dear Pat: At the January 28, 1991,Planning Commission meeting,the Cub Foods project was recommended for approval subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the landscape plan to reflect the replacement of 6 foot evergreens by 8, 10 and 12 foot evergreens along the south building,east of the right-in only for screening purposes. B. Submit a comprehensive sign package for the bank, pharmacy and Cub Foods detailing size, color, letter style and location on the building. The size of all signs shall not exceed 325 square feet. The sign package will be approved with no further signage allowed unless indicated on the approved plan. C. Redesign the pylon to meet the City Code requirements of a maximum 18"in width and a 40 square foot maximum sign base. The sign shall be designed to be architecturally compatible with the building. D. Provide a detailed lighting plan depicting pole type and color, fixture type and lamp illumination color. E. Submit material building colors and samples. F. Provide sidewalk connections to the building. G. Provide trash compactor screening which is compatible with building architecture. 2. Prior to grading permit issuance, proponent shall: A. Receive permission from the church and City for grading off-site. 1� APR Ms. Pat Groeper January 30, 1991 Page Two B. Stake the grading limits with an erosion control fence. C. Notify the City and Watershed District at least 48 hours in advance of grading. 3. Prior to final plat approval,proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, utility and erosion control plans for review by the City Engineer. 4. Sign a special assessment agreement with the City for the upgrading of Leona Road. This agreement will become null and void if all parties agree to vacate the existing right of way. 5. Submit a petition to the City requesting an overall drainage study for the area to resolve the storm water capacity problem. 6. Apply for and receive a variance from the Board of Appeals and Adjustments for a setback less than 35 feet from Prairie Center Drive. Mitigation for the reduced setback will be the construction of the enclosed loading facility, screening fence and landscaping. 7. Apply for and receive a variance from the Board of Appeals and Adjustments to allow for an impervious surface greater than 30% within a shoreland area. 8. Provide and construct"gateway monument" sign for the City. This is a building design element which is partial mitigation for the building setback variance. 9. Agree to the terms listed in the Outside Storage section. Items IA- 1G are required prior to City Council review which is scheduled for February 19, 1991. Please submit ten sets of revised plans by February 14, 1991. Sincerely, Donald R. Uram, AICP Planner • t�q � 1 January 8, 1990 TO: Don Uram - Planning Dept FROM: Jim Schlossmacher / Molly Koivumaki - Police Dept SUBJECT: Proposed Cub Foods on W. 78th Street Upon reviewing the plans for the proposed Cub Foods on W. 78th Street and Prairie Center Drive, we have the following recommendation: - To provide for an efficient flow of vehicular traffic and to reduce the risk of serious injury or death from automobile crashes we recommend the installation of traffic control signals at the intersection of Hwy 169 and W 78th Street, or Hwy 169 and Leona Road. 311S MEN IORANDUM TO: Planning Commission FROM: Donald R. Uram, Planner THROUGH: Chris Enger,Director of Planning DATE: January 25, 1991 SUBJECT: Entrance Monuments to Eden Prairie Major Center Area INTRODUCTION To promote Eden Prairie and the Major Center Area(MCA), the City has been considering special methods of identification at entrances to this area. The purpose of these "gateway monuments" is to draw attention to and provide an identity for Eden Prairie's "downtown". Suggested locations include the Cub Foods site located at the intersection of West 78th Street and Prairie Center Drive,the Tower Square project located at the intersection of Prairie Center Drive and U.S. 169,the intersection of Highway 5 and Prairie Center Drive and at MNDOT's facility on U. S. 169. These sites have been suggested due to their highly visible location. CURRENT STATUS The"gateway monument" idea is important now because of the opportunity we have to plan for and have constructed the first one on the east building wall of Cub Foods. This is possible due to the provision of a large screening wall at the east end of the Cub Foods building which provides an opportunity for its design as a "gateway" design feature. This wall, which is designed to enclose the loading facilities is located within 20 feet of the property line and is 230 feet long and 18 feet high. A section of the wall measuring 50 feet by 18 feet has been designed specifically as a location for a"gateway monument". Throughout the review process,Cub Foods has supported this idea and indicate a willingness to construct the wall and"gateway monument" subject to City approval. DESIGN CRITERIA Equally important to location is the design criteria for the"gateway monument" program. The criteria should be based on a concept of consistency and transferability so that the selected "gateway monument"can be used at other locations as suggested,and could be transferred to such things as kiosks, banners, building signs, etc. This concept will become increasingly important as the MCA continues to develop. Specific design criteria such as:color,size, letter style, sign material,logo,and name are items R'. ) ) that need to be established. Some general guidelines are as follows: 1. Size of the monuments shall not exceed 300 square feet which is the maximum allowed by City Code. 2. Background building material should be the same brick and architectural style as the adjacent buildings. 3. The same design should be used in all locations for consistency. ALTERNATIVES To begin the gateway design process, both Cub Foods and City staff have worked on sign designs and names for the area. The designs,which are based primarily on the Eden Prairie logo and letter style,will be presented at Monday night's meeting. Although at least 50 names have been considered, "Prairie Ickes Market Center"and"Eden Prairie Market Center"are favorites so far because of their tie in to Prairie Center Drive, which rings the area,and Eden Prairie Center, which is the retail heart of the area(see attached list). Because of the subjective nature of these decisions,Staff has identified three alternative processes which could be used for the selection of the Cub entrance monument. 1. Planning Commission and City Council could select one of Staffs designs and/or have it further refined. 2. Planning Commission and City Council could select one of Cub Foods'designs and/or have it further refined. 3. The City could solicit proposals from professional design firms to provide a "gateway monument"design and overall plan for all the monuments within the MCA of the City. If the Commissions or Council have other names or design ideas, suggestions would be appreciated. j. Prairie Town Center Business Resource Area Prairie Town Square Urban Prairie Town Plaza Resource Prairie Retail Commons Vista Prairie Commercial Place Principal Prairie Town Place Image Prairie Place Effigy Prairie Town Location Picture Prairie Business Location Reflection Prairie Business Position Impression Prairie Image Conception Prairie Lakes Natural Prairie Lakes Business Exchange Vision Prairie Central Corridor Prairie Center Entry Prairie Commons Vestibule Prairie Square Context Prairie Plaza Engerland Prairie Business Exchange Prairie World Prairie Exchange Eden Lakes Corridor Prairie Business Realm(ha ha) The Corridor Central Business Exchange Community Commercial Corridor Central Square Prairie Lakes Corridor Prairie Central Commons The View Central Dominion Regional Town Center Prairie Central Prairie Business Center Prairie Mercantile Exchange Prairie Center City Primary Center Area Lakeside Prairie Business Corridor Constellation Center Prairie Commercial Corridor Prairie Interstate Prairie Retail Corridor Inter Prairie The Prairie Commercial Scene Interptalake Prairie Lakes Commercial Vista intereden Commercial Resource Area Prairieopolis Downtown Resource Area Mainstreet Plaza Mainstreet Commons Prairie Market Center Prairie Market Commons Prairie Marketplace Prairie Storefronts Prairie Shopping District Prairie Business District Eden Prairie Business Commons '3(11 i STATE OF <COTT/°\ DEPARTMENT OF NATURAL RESOURCES 'TRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PNONE NO. 772-7910 FILE NO. January 18, 1991 Mr. Chris Enger City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Enger: RE: PROPOSED CUB FOODS, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY We have reviewed the site plans (received January 4, 1991) for the above-referenced project (NE} Section 14, T116N, R22W) and have the following comments to offer: 1) The project site does not contain any DNR protected waters or wetlands; therefore, no DNR protected waters permit is required. 2) The site does not appear to be within a floodplain district. 3) If construction involves dewatering in excess of 10,000 gallons per day or I million gallons per year, the contractor will need to obtain a DNR appropriation permit. You are advised that it typically takes approximately 60 days to process the permit application. 4) A portion of the site is within the shoreland district of Anderson Lake (27-62P). The main concern we see is in relation to the impervious surface and stormwater management. It appears that the impervious surface greatly exceeds the city's limit of 30% for projects within a shoreland district. How does the city intend to address this inconsistency? If the impervious surface is allowed to exceed the city's standards, it will be especially important to have a good stormwater management plan for the site. The final destination of the stormwater is not clear in the site plan, however, we assume it is Anderson Lake. Stormwater sedimentation/treatment basins, or other appropriate stormwater treatment features, must be utilized before the stormwater reaches Anderson Lake. It appears that the area near catch basin #10 (northeast portion of the site) may provide some possible treatment, however, our information did not include any details. If this is the case, the city should ensure that the capacity is adequate and maintenance responsibilities are clear. AN EQUAL OPPORTUNITY EMPLOYER 1 Chris Enger January 18, 1991 Page Two 5) Grading is proposed in• a steep slope area along the eastern side of the site. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water and Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 6) Vegetative screening should be adequate to screen the building when viewed from the shore of Anderson Lake. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have questions regarding these comments. Sincerely, CSC' +► Ceil Strauss Area Hydrologist C287:kap cc: Anderson Lake (27-62P) file DSO THE RE-Rik-SUPPORT December 31, 1990 SUPER VALU STORES,INC. MAILING ADDRESS. P.O.BOX 7457•MINNEAPOLIS,MN 55440 Christopher M. Enger Director, Planning City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Proposed Cub Food Site Submission Dear Chris, Please accept this letter as a formal proposal requesting City approval for a zoning change, site plan review and preliminary platting of the attached legally described parcels. Super Valu has acquired a 30 day option on this parcel to pursue the above mentioned approvals in order to build and own a Cub Foods store. Our desire would be, if approvals are obtained, to be under construction in the early part of summer "91". The property is located at the north west quadrant of West 78th Street and Prairie Center Drive. The total property is 11.57 acres. From this total, 1.22 acres are designated to street right of way, 1.76 acreas are designated to the outlot at the west edge of the property (We are not requesting a zoning change on this outlot). The remaining 8.59 acres are designated for a Cub Foods. The Cub Foods is proposed to have 67,510 square feet main level (8.A.R. = 0.18) with future expansion at 7,349 square feet (B.A.R. = 0.20). The following is the square footage breakdown. Retail - 48,636 sq. ft. Office - 1,200 sq. ft. Prep. 6 Storage - 17,674 sq. ft. 67,510 sq. ft. The parking layout exceeds the ordinance requirement for the 67,510 Cub Foods, however, is deficient by 6 spaces should the future addition be constructed. The roof top mechanical equipment is appropriately screened as indicated on plan sheet E-1. Exterior elevations, along with proposed building materials and signage are also shown on plan sheet E-1. One free standing pylon sign at 80 sq. ft. is located on the site. 1 Christopher M. Enger 12/31/90 Page 2 As suggested by and with the cooperation of the City Planning Staff, the entire loading area will be enclosed, which will require the only variance request with this application. Additional screen walls are integrated into the east edge of the site to compliment the loading enclosure. Site lighting will accomplish the security and safety requirements for this site. Free standing 40 ft. light standards with high pressure sodium luminary will be placed in the parking lot. Wall mount lighting will be provided around the building. Lighting will be directed down to minimize glare. Refer to the site plan for proposed placement. Site grading has been completed to integrate the project with the site, accommodating proper drainage and minimizing off site visual concerns. Slopes existing and proposed do not exceed 3 to 1. The off site grading is proposed mainly to accommodate utility and road construction and to provide a uniform transition with the loading area enclosure. The site lies in flood zone C (minimal flooding) and we are not aware of any adverse affects on wild life or shoreline management areas. Please refer to the enclosed plan for more detailed information. Sheet 1 Site Plan Sheet 2 Preliminary Plat Sheet 3 Grading, drainage and erosion control Sheet 4 Utility Plan Sheet 5 Landscaping Plan Sheet 6 Tree Survey - Topo/Boundary Sheet 7 Illustrative sight sections Certification of survey Sheet R-1 Fixture Plan Sheet E-1 Exterior elevations We would like to reiterate our appreciation for the assistance the entire planning staff has provided in developing the plans for this project. We will be available to answer any questions which may arise and to provide supplementary data if needed. Sinc y, Pat Groeper Assistant Manager Retail Development PAG/dt 35 a A LEGAL DESCRIPTION from Certificate of Survey Prepared By EGAN, FIELD, NOWAK, INC., SURVEYORS To Turner Development Corporation, Super Valu Stores, Inc. and Chicago Title Insurance Company SURVEY FOR: Greenberger, Krauss & Jacobs DESCRIPTION: (As contained in Chicago Title Insurance Company Commitment No.c 2407427): PARCEL 1: Those parts of Lots 1 and 2, Block 2, Flying Cloud Center lying Southeasterly of the following described line: Beginning at a point on the North line of said Lot 1 distant 164.47 feet East of the Northwest corner of said Lot 1: thence Southwesterly parallel with the Westerly line of said Lots 1 and 2 to the Southerly line of said Lot 2 and said line there terminating and all that part of the adjoining vacated Titus Road dedicated in the plat of Flying Cloud Center which lies West of the East line of Lot 10, Auditor's Subdivision No. 335, Northerly of the North line of 78th Street and South of the North line of said plan, all as shown on said plat, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. (Certificate of Title No. 662976) PARCEL 2: Lot 4, Block 2, Leona Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (Certificate of Title No. 661370) PARCEL 3: Lots 1 and 2, Block 2, all in Leona Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. (Certificate of Title No. 663027) PARCEL 4: The Easterly 109 feet of that part of Lot 6, "Auditor's Subdivision Number 335, Hennepin County, Minnesota', described as beginning at the Southwest corner of Lot 5, said Auditor's Subdivision, thence North along the West line thereof a distance of 324 feet, thence East parallel to the South line of Lots 5 and 6 a distance of 672.22 feet, thence South parallel to the West line of said Lot 6 a distance of 324 feet to the South line thereof, thence West along the South line of said Lots 6 and 5 a distance of 672.22 feet to the point of beginning, according to the recorded plat thereof and situate in Hennepin County, Minnesota. (Certificate of Title No. 66302B) PARCEL 5: Lot 3, Block 2, Leona Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (Certificate of Title No. 661195) PARCEL 6: Lot 1, Block 1, Leona 2nd Addition, according to the plat thereof on file or of record in the office of the Registrar of Tiltles in and for said County of Hennepin, State of Minnesota. (Certificate of Title No. 682005) PARCEL 7: Lot 2, Block 1, Leona 2nd Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County of Hennepin, State of Minnesota. (Certificate of Title No. 686336) PARCEL 8: Lots 1 and 2, Block 1, Flying Cloud Center, according to the recorded plat thereof, together with that part of Titus Road north of West 78th Street, which accrued thereto by reason of the vacation thereof. Dated: Nov. 21, 1990, Bruce W. Grivna, RLS No.17253 VAC 91-03 CITY OF EDEN PRAIRIE Pub.2-7-91 HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.91-44 VACATION OF DRAINAGE AND UTILITY EASEMENTS IN PARTS OF LEONA ADDITION AND LEONA 2ND ADDITION WHEREAS,the City of Eden Prairie has certain drainage and utility easements described therein as follows: That part of Leona Addition and Leona 2nd Addition according to the plats thereof on file and of record in the offices of the County Recorder and the Registrar of Titles for Hennepin County,Minnesota,described as follows: Leona Addition. Block 2.Lots 1. 2. 3.and 4 A five-foot drainage and utility easement along the south lot line of Lots I,2,3,and 4; and the west Iine of Lots 1 and 3; and the east line of Lots 2 and 4. Leona 2nd Addition. Block I.Lots 1 and 2 A five-foot drainage and utility easement along the west and south lot lines of Lot 1;and the east and south lot lines of Lot 2. WHEREAS,a public hearing was held on February 19,1991 after due notice was published and posted as required by law; WHEREAS,it has been determined that the said drainage and utility easements are not necessary and have no interest to the public,therefore, should be vacated. NOW,THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A.412.851 ADOPTED by the Eden Prairie City Council on February 19, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Franc, City Clerk )u I Tl Y; i'.II t, ,+tom — — — u . _ - • 1, 1. °.. ....,. NaZ4.00 I • 1n Y� 1= \\zc°i V', ; \ .. ,- ti fit' 1 I\ '. 7;\ 1 : • I l7::— }i' \ \\ 1 �'' i� • li. w �`• 7, ,,\—Irriri .., 1 ,.: 7__I -I ,- r. ,.., °-1 ' -- •,: a • 5a 1 I 1 \)..I q t t:oo 5 vsr c 71,w �are—.7;. ` - t ` u DR �F � �f�T ' ( i D i 0 W (s;1 i� r m '�h .z3 X / u'i ___-....,....\ rn m O m ..• .." .:,. •: .'. . . . .. Z f•-• N.,......................... 1 ;'-'-: -i .11 "'•'' • n ,•••C,'• n ..,. a rn . . ME bIllom :., J: , ,,,, liN,—Ix,I, wildn7 .,....,,r__ • •••. -< 7 )7 4.401 iki .,• ' I --. 1111 illib .s... •`,.!„:,c "••••-s..--------- ''.. "-------.. ,/........., .;." .. "'i !..J. •• i n ::41;lp , ,••••..,,.... ill" .,.. rn 0 -... ... 0 0 :7; 4 .,: .. ?.. ti ..... ,? ..... ...----........... ‘1/4....._ cy V; u. .... .".....".....*.............. a u q it T In i ft •.3 11111r ... :,. t \ . . ....;:a ._, .%., ii 1 if ... ..'S P.., x ...•:. ••••••• ................ V.‘;','1...).)_ - ......•.... •.•:••••'•''.......'' . .. . . . .... . .' 0 ...'.'.':::::::::.'..2.•.• ..................•..• . ....................... . .............. ... . ................... . 4-------. .. ......... ... . .. .. . .... ....... . . ... 1) •;:''' - • ••• • •' • •• .. ..... . ...... . . ............ ............ .... .... (..... ,,,r, . .1.. .... .. .... ., -.......1 . ._. o p. ...... . .. . ......... ... . ..... .. . . ....... . . .. . . ...... •._ ..... ....... .-E /4..........7 N.4°%1 MEMORANDUM TO: Planning Commission FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Director of Planning DATE: January 22, 1991 SUBJECT: Draft Ordinance#3-91 The City Attorney believes the Zoning Code language dealing with outside manufacturing,etc..., in the I-Gen District is ambiguous and can be interpreted 2 ways. Therefore,Ordinance#3-9I was drafted to modify portions of the Performance Standards and Industrial Districts of the Zoning Code to correct the situation. The draft ordinance can be summarized as follows: Performance Standards Section 1.1.of the ordinance adds a new sentence to Section 11.03,Subdivision 3.J.1.to clarify that outside storage in I-Gen must be screened in accordance with this section. The section referred to is Screening and Landscaping. Section 1.2. of the ordinance, similar to J.2. of page 299 of City Code,requires all supplies, etc..., in Commercial Districts be stored inside except for 10% outside display. Section 2.4. of the ordinance regulates the location and setback of outside storage. This statement is currently in City Code,p. 299,under J.2. which is being broken into 2 areas under Section 1.2. and Section 2.4. of the draft ordinance. Industrial Districts Section 3.A. of the ordinance modifies page 310 of City Code, Section 11.30. I-Industrial Districts by removing the phrase,.."except in I-Gen where uses may include properly screened outside storage." This phrase is considered ambiguous and has been interpreted as allowing industrial activities outside,or as not allowing industrial activities outside. For your reference portions of existing Code are attached. MEMO3-91.JJ:bs Planning Commission January 28, 1991 Page Ten Hallett recommended asking the Chamber of Commerce for input and suggestions. Ruebling favored Eden Prairie Center or Eden Prairie Commons. The Planning Commission concurred on the following recommendations: Eden Prairie be included in the title, use glass block design, maintain the City colors and logo. B. OUTSIDE STORAGE AND DISPLAY--Amendment of Zoning Code regarding outside storage and display in Commercial and Industrial Districts. A public meeting. Uram reported that the revision of the language in the City Code was based on recommendations from the City Attorney. MOTION: Bye moved,seconded by Sandstad to recommend to the City Council approval of the proposed amendments to City Code with respect to outside storage and display in the Commercial and Industrial zoning districts, as presented in the Staff memorandum dated January 22, I991. Motion carried 5-0-0. VII. ADJOURNMENT MOTION: Bye moved, seconded by Norman to adjourn the meeting at 10:30 PM. Motion carried S-0-0. I J. Outside Storage and Displays. 1. In all exctraw materials, supplies, finished rorts semiofinishederal products and equipment shall be stored within a completely enclosed building; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three- quarter ton capacity may be.stored or parked within the per- mitted parking lot . In N_ pp.299-300 of C-Reg-ser. C-Hwy and2I-Gen, alltricts materials, supplies•erchan- City Code dime or other similar matter not on display for direct sale,rental or lease to the ultimate consumer or user shall be i (redrafted in stored within a completely enclosed building within all Commercial Districts, and;witbin•tbe-confines-of screening as i Sectionsr' OZ'd.3-91} required by the performance standards of this Chapter. Merchandise which is offered for sale as described heretofore say be displayed beyond the confines of a building in any Commercial District, but the area occupied by such outdoor display shall not constitute a greater number of square feet than Jai of the ground floor area of the building housing principal within the one-halfe of frontsorlside • street setback nearest the street nor within any required interior side or rear setback. p.310 of City Subd. 2, permitted Uses. Code A. Manufacturing, warehousing, Wholesale, dim- (redrafted in Se tribution, processing, packaging, assembling, compounding, and of t 3 of accessory uses, conducted within structures except in I-GEN where uses may include properly screened outside storage. draftOrd.3-91) 359 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3 -11 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.03, SUBD. 3. J. AND SECTION 11.30, SUBD. 2. A. 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. Section 11.03, Subd. 3. J. 1. and 2. of the City Code is amended to read as follows: 1. In all Districts except I-General, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-quarters ton capacity may be stored or parked within the permitted parking lot areas. In I-Gen Districts outside storage is permitted, provided it is screened in accordance with this Section. 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 may be displayed out- side the confines of a building, provided the area occupied by the merchandise or equipment for that purpose shall not exceed 10% of the base area of the building constituting the principal use. Section 2. Section 11.03, Subd. 3. J. of the City Code is amended by adding 4. as follows: 4. No storage or display of any type is per- mitted in any Commercial or Industrial District within the one- half of the front or side street setback nearest the street nor within any side or rear setback. Section 3. Section 11.30, Subd. 2. A. of the City Code is amended to read as follows: A. Manufacturing, warehousing, wholesale,distribu- tion, processing, packaging, assembling, compounding, and accessory uses, conducted within a building. 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 entitled "Violation a • 361) Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 199 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 199 . ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of 199 . • FEBRUARY 19.1991 12750 JIM RICHARDSON FRAMING & MOUNTING AWARD-CITY COUNCIL 42.50 12751 PETTY CASH CHANGE FUND-PROGRAM SUPERVISOR 50.00 12752 EDEN PRAIRIE CEMETERY ASSN -RIGHT OF WAY ACQUISITION-CEDAR RIDGE 22500.00 STORM SEWER 12753 HARRY DAVIS SPEAKER-MARTIN LUTHER KING JR EVENT 100.00 12754 MCMA CONFERENCE-ADMINISTRATION 66.95 12755 COMMISSIONER OF REVENUE PAYROLL 1/25/91 13341.26 12756 FIRST BANK EDEN PRAIRIE PAYROLL 1/25/91 67633.35 12757 DANA GIBBS SERVICE-PACKET DELIVERY 34.00 12758 SUPPLEES 7 HI ENTER INC FEBRUARY 91 RENT-LIQUOR STORE 4864.76 12759 MINNEGASCO SERVICE 24193.56 12760 GOVERNMENT TRAINING SERVICE CONFERENCE-PLANNING DEPT 225.00 12761 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 155.00 12762 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 155.00 12763 GREAT WEST LIFE ASSURANCE CO PAYROLL 1/11/91 15467.70 12764 GREAT WEST LIFE ASSURANCE CO PAYROLL 1/25/91 5659.00 12765 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 194.76 12766 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 194.76 12767 VOID OUT CHECK 0.00 12768 ICMA RETIREMENT TRUST-457 PAYROLL 1/25/91 2043.04 12769 INTERNAL REVENUE SERVICE PAYROLL 1/11/91 32.00 12770 INTERNAL REVENUE SERVICE PAYROLL 1/25/91 32.00 12771 INTL UNION OF OPERATING ENG JANUARY 91 UNION DUES 1105.00 12772 MEDCENTERS HEALTH PLAN INC FEBRUARY 91 HEALTH INSURANCE PREMIUM 16338.50 12773 MN TEAMSTERS CREDIT UNION PAYROLL 1/11/91 25.00 12774 MN TEAMSTERS CREDIT UNION PAYROLL 1/25/91 25.00 12775 NORWEST BANK HOPKINS PAYROLLS 1/11/91 & 1/25/91 1100.00 12776 EXECUTIVE DIRECTOR-PERA JANUARY 91 LIFE INSURANCE PREMIUM 160.00 12777 EXECUTIVE DIRECTOR-PERA PAYROLL 1/11/91 31942.77 L2778 EXECUTIVE DIRECTOR-PERA PAYROLL 1/25/91 33761.97 12779 PHYSICIANS HEALTH PLAN OF MN FEBRUARY 91 HEALTH INSURANCE PREMIUM 33980.00 12760 OMNI GEORGETOWN CONFERENCE-CITY COUNCIL 651.30 12781 ICMA RETIREMENT TRUST-457 PAYROLL 1/11/91 1683.04 12782 NORTHERN STATES POWER CO SERVICE 16797.67 12783 NO DAKOTA STATE UNIVERSITY CONFERENCE-STREET DEPT 60.00 12784 MN DEPT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATION 5.5C 12785 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL 548.8C 12786 MN RECREATION & PARK ASSN CONFERENCE-COMMUNITY CENTER 40.00 12787 WOMEN IN LEISURE SERVICES CONFERENCE-COMMUNITY CENTER 10.0C 12788 NORTH SUBURBAN MUTUAL AID ASSN CONFERENCE-FIRE DEPT 75.0C 12789 EVELETH TECHNICAL COLLEGE CONFERENCE-FIRE DEPT 22.00 12790 ANIMAL HUMANE SOCIETY DONATION-ANIMAL CONTROL DEPT 500.00 12791 MN MUNICIPAL BEVERAGE ASSN CONFERENCE-LIQUOR STORES 145.00 12792 JASON-NORTHCO PROP LP01 FEBRUARY 91 RENT-LIQUOR STORE 8842.K 12793 LAVERNE ANDERSON REFUND-ADULT PROGRAMS 18.5C 12794 JOYCE BYERS REFUND-SWIMMING LESSONS 20.00 12795 DEBORAH HEMSATH REFUND-RACQUETBALL LESSONS 16.0C 12796 LORI JACKSON REFUND-SWIMMING LESSONS 15.2E 12797 ANN KISPERT REFUND-ADULT PROGRAMS 16.5C 12798 LORI MCMILLAN REFUND-SWIMMING LESSONS 20.0( 12799 ANN PEDRETTI REFUND-SWIMMING LESSONS 1.7E 12800 DAVID SMITH REFUND-SWIMMING LESSONS 20.0( 12801 LAURE SORENSEN REFUND-SWIMMING LESSONS 18.2E 12802 SHARON SPINHARNEY REFUND-SKI TRIP 3.0( 12803 JACLYN WOLL REFUND-SKI TRIP 3.0( 30364029 .,44- FEBRUARY 19.1991 12804 AMERI-STAR LIGHTING -LIGHT BULBS-STREET LIGHTING/EQUIPMENT 475.78 MAINTENANCE 12805 VOID OUT CHECK 0.00 12806 L MCI T -EDEN PRAIRIES PORTION OF JOINT POWERS 959.75 INSURANCE 12807 RMRS SYSTEM POSTAGE-POLICE DEFT 1500.00 12808 BEST BUY CO CART-POLICE DEFT 59.99 12809 PHYSICIANS DESK REFERENCE BOOK-POLICE DEFT 33.95 12810 EAGLE WINE CO WINE 1536.02 12811 GRIGGS COOPER & CO INC LIQUOR 11042.66 12812 IMPERIAL CROWN IMPORTING WINE 41.50 12813 JOHNSON BROTHERS LIQUOR CO LIQUOR 13939.55 12814 PAUSTIS & SONS CO WINE 354.00 12815 ED PHILLIPS & SONS CO WINE 9380.15 12816 PRIOR WINE CO WINE 2410.97 12817 QUALITY WINE & SPIRITS CO LIQUOR 8961.30 12818 THE WINE COMPANY WINE 244.50 12819 DOUGLAS B TENPAS DECEMBER 90 EXPENSES-COUNCIIMEMBER 250.00 12820 MCMA CONFERENCE-ADMINISTRATION 60.00 12821 BRINGERS EXPENSES-CITY COUNCIL 43.09 12822 DELEGARD TOOL CO TIRE GAUGES/WRENCH-EQUIPMENT MAINTENANCE 61.55 12823 BIRTCHER WELSH FEBRUARY 91 RENT-CITY HALL 21707.14 12824 FEIST BLANCHARD CO -OIL SEALS/LAMPS/LENSES/STRAPS/CABLE TIES/ 517.62 -GASKETS/ROTORS/VALVES/TIRE GAUGES/SAFETY BUTTONS/COUPLERS-EQUIPMENT MAINTENANCE 12825 MN PARK SUPERVISOR ASSN CONFERENCE-PARKS DEPT 16.00 12826 HORIZON GRAPHICS INC PAPER STOCK-COMMUNITY NEWSLbTPBR 2126.02 2827 ALL AMERICAN BOTTLING CORP MIX 286.41 12828 BEER WHOLESALERS INC BEER 3963.50 12629 DAY DISTRIBUTING CO BEER 6228.60 12830 EAST SIDE BEVERAGE CO BEER 17761.30 12831 HOME JUICE PRODUCTS MIX 48.14 12632 KIRSCH DISTRIBUTING CO BEER 354.40 12833 MARK VII DISTRIBUTING COMPANY BEER 15506.91 12634 MIDWEST COCA COLA BOTTLING CO MIX 348.24 12835 PEPSI COLA COMPANY MIX 532.51 12836 THORPE DISTRIBUTING COMPANY BEER 25140.60 12637 MN VALLEY ELECTRIC COOP SERVICE 63.00 12838 U S WEST COMMUNICATIONS SERVICE 1772.39 12639 NORTHERN STATES POWER COMPANY SERVICE 29691.52 12840 DIANE ANDERSEN REFUND-SKI TRIP 22.00 12841 JOHN ERWIN REFUND-MEMBERSHIP FEE 48.3E 12842 LAUREN GRECO REFUND-SKI TRIP 17.0C 12643 CAROL HEGGE REFUND-SKI TRIP 17.00 12844 TIMOTHY KINNEY REFUND-SKI TRIP 17.00 12845 PETE LEIH REFUND-SKI TRIP 17.00 12846 JOANN MEYER REFUND-SKI TRIP 22.00 12847 CAROL NASBY REFUND-SWIMMING LESSONS 20.00 12848 JENNIFER PRELLI REFUND-SKI TRIP 17.00 12849 SHARON SPINHARNEY REFUND-SKI TRIP 5.00 12850 LEE ANN THIEIMAN REFUND-SKI TRIP 16.0( 12851 MARY WEGEHAUFT REFUND-SKI TRIP 17.0( 12852 BRADLEY HANSON -REFUND-OVERPAYMENT OF LIFE INSURANCE 31.5C PREMIUM 12853 PRESERVE BARN ASSOCIATION -DAMAGE DEPOSIT-HIGH SCHOOL DANCE-SOCIAL 200.0( EVENTS PROGRAM 17934632 G 12854 AT&T SERVICE 88.58 12855 TRAVEL PROFESSIONALS CONFERENCE-PARK & RECREATION DEFT 270.00 12858 AT&T SERVICE 382.30 12857 AT&T CONSUMER PRODUCTS DIV SERVICE 30•25 2858 MARC THIELMAN EXPENSES-CITY HALL 91.44 12859 LANG PAULY & GREGERSON LTD -OCTOBER 90 LEGAL SERVICE/DECEMBER 90 9260.00 FLYING CLOUD LANDFILL 12860 MINNEAPOLIS ASSN OF REALTORS EXHIBITION BOOTH REGISTRATION-CITY HALL 295.00 12861 FMAM CONFERENCE-BUILDING INSPECTIONS DEFT 150.00 12862 COMMISSIONER OF REVENUE PAYROLL 2/8/91 13466.98 12863 FIRST BANK EDEN PRAIRIE PAYROLL 2/8/91 66400.37 12864 ACE BLACKTOP INC SERVICE-1990 LIME SLUDGE REMOVAL & DISPOSAL 6351.20 12865 LANDWEHR HEAVY MOVING -SERVICE-SUMMIT/MEADOWVALE & RED OAK 3966.14 DRIVES NEIGHBORHOOD 12866 NODLAND CONSTRUCTION CO SERVICE-HIGHWAY 5 SOUTH FRONTAGE RD 2443.92 12867 A TO Z RENTAL CENTER METAL DETECTOR RENTALS-POLICE DEPT 21.20 12868 ABM EQUIPMENT & SUPPLY INC 0-RINGS/ADAPTER FITTING-EQUIPMENT MAINT 8.05 12869 ADT SECURITY SYSTEMS -1991 SECURITY SYSTEM MAINTENANCE 1038.46 AGREEMENT-COMMUNITY CENTER 12870 AFTON ALPS SKI AREA -LIFT TICKETS-SPORTS & OUTDOOR PROGRAM/ 152.00 FEES PAID 12871 AIRSIGNAL INC -FEBRUARY 91 PAGER SERVICE-POLICE DEPT/ 644.18 FIRE DEPT/COMMUNITY CENTER 12872 ALEXANDER BATTERY NORTH BATTERIES-POLICE DEPT/FIRE DEPT 313.09 12873 SHARON ALVORD SOFTWARE MANUAL-PLANNING DEPT 21.50 12874 AMERICAN LINEN SUPPLY CO -UNIFORMS-BUILDING INSPECTIONS DEPT/STREET 4384.80 -MAINT/PARK MAINT/COMMUNITY CENTER/ -COMMUNITY CENTER/UTILITIES DIVISION/ FACILITIES DEPT/MATS-LIQUOR STORE 12875 AMERICAN PLANNING ASSN BOOKS-PLANNING DEFT 50.61 2876 AMERICAN MANAGEMENT ASSN DUES-FINANCE DEPT 150.00 12877 AMERICAN RED CROSS -CPR WORKBOOKS/RESCUE MANIKIN RENTALS-POOL 170.00 LESSONS 12878 AMERICAN WATER WORKS ASSOC BOOKS-WATER DEPT 109.40 12879 AMERICANA STATE BANK OF EDINA RESEARCH FEE-POLICE DEPT 9.30 12880 KEN ANDERSEN TRUCKING KENNEL SERVICE-ANIMAL CONTROL DEPT 25.00 12881 DON ANDERSON HOCKEY OFFICIAL/FEES PAID 140.00 12882 ANDERSONS GARDEN EXPENSES-FIRE DEFT 23.50 12883 ARTSIGN MATERIALS CO OFFICE SUPPLIES-PARK PLANNING 55.42 12884 EARL F ANDERSEN & ASSOC INC -BRACKETS/STREET SIGNS/STREET NAME PLATES- 6005.95 STREET DEPT 12885 ASTLEFORD INTL INC -SUPERCHARGER/GASKETS/CLAMPS/SLEEVES/TUBE/ 529.74 FILTERS-EQUIPMENT MAINTENANCE 12886 B & S TOOLS -PLIERS/VISE EXTENSION/RATCHET/SOCKETS/AIR 777.65 -DRILL/CUTTERS/DRIVER BIT/SAW/SOCKET SETS/ ADAPTERS-WATER DEPT/EQUIPMENT MAINTENANCE 12887 BACHMANS EXPENSES-CITY HALL 38.00 12888 BACONS ELECTRIC CO -INSTALLED PHASE INTERRUPTORS IN 5 WELL 2332.85 HOUSES/REPAIRED MOTOR STARTER-WATER DEFT 12889 BATTERY & TIRE WAREHOUSE INC -SIGNAL LAMPS/REFLECTORS/MUFFLER CLAMPS/ 374.32 BATTERIES-EQUIPMENT MAINTENANCE 12890 BENTEC ENGINEERING CORP FILTER TURBIDIMETER-WATER DEPT 1508.36 12891 DEAN BERRY ASSOCIATES INC CONFERENCE-CITY HALL EMPLOYEES 1000.00 12892 BIFFS INC -FEBRUARY 91 WASTE DISPOSAL SERVICE-PARK 418.00 MAINTENANCE 12349756 t1V i 12893 DAVID BLACK MILEAGE-COMMUNITY CENTER 23.75 12894 BLACKS PHOTOGRAPHY DEPT/FORESTRYODEPT/PLANNINGE /FIRS 164.48 DEPT 12895 LOIS BOETTCHER -MINUTES-HISTORICAL & CULTURAL COMMISSION/ 130.85 PARK RECREATION & NATURAL RESOURCES COMM 92.61 f 2896 BOLDUC-MILLER SUPPLY CO SPROCKETS-PARK MAINTENANCE 89 .61 _2897 BOYD OIL DISTRIBUTING OIL-EQUIPMENT MAINTENANCE 12898 BOYER FORD TRUCKS INC WINTER FRONTS/CABLE-EQUIPMENT MAINTENANCE 1510.0071 12899 THE BRAUER GROUP -SERVICE-PURGATORY PARK PETITION & ACQUISITION PROJECT 143.41 12900 BRO-TEX INC TOWELS-FIRE DEPT 143.41 12901 BRYAN ROCK PRODUCTS INC ROCK-SNOW & ICE CONTROL 12902 BUCKINGHAM DISPOSAL INC FEBRUARY 91 WASTE DISPOSAL-LIQUOR STORE 113 3E IRON-WATER DEPT .42 12904 BURTON ARNIYMENT INC ANG-FISHING INSTRUCTOR-OUTDOOR CENTER PROGRAM/ 60.00 12904 STEVE CARNEY FEES PAID 12905 CEDAR COMPUTER CENTER INC -PAPEER RITRAY/SOBPT�-PARK & RECREATION 369.42 D12906 CLUTCH & TRANSMISSION SER INC SEAL/FITTINGS/HOSES/VALVE-EQUIPMENT MAINT 219.1144 12907 KENNETH COMEAUX REFUND-OVERPAYMENT UTILITY BILLING 224.108 12908 COMMERCIAL ASPHALT CO BLACKTOP-STREET MAINTENANCE CE 24.10 12909 CLIFFORD H CRACAUER JR SCHOOL-EQUIPMENT -EQUIPS/A BEN SCEMPS/STAMP 162.470 12910 CROWN MARKING INC DATER-CITY HALL/COlMIUNITY CENTER 178.26 12911 CURTIS INDUSTRIES INC DRILL BITS-EQUIPMENT MAINTENANCE 3290.17 12912 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT24.00 12913 WILLIAM DAGGETT BASKETBALL OFFICIAL/FEES PAID 12914 DALCO CLEANING SUPPLIES-WATER DEPT/COMMUNITY CTR 199.25 12915 DAYSTAR BUILDERS -REMODELING OF HOMEWARD HILLS BARN-PARK 2700.00 MAINTENANCE 12916 DECATHLON ATHLETIC CLUB EXPENSES-MUNICIPAL LEGISLATIVE COMMISSION 3226.02 ?917 DEM CON LANDFILL INC WASTE DISPOSAL-STREET MAINTENANCE 16.00 12918 DETERMAN WELDING & TANK SERV INC WASTE OIL DISPOSAL-EQUIPMENT MAINTENANCE 120.00 12919 EUGENE DIETZ JANUARY 91 EXPENSES-ENGINEERING DEPT 200.00 12920 DORHOLT PRINTING INC PRINTING FORMS-CITY HALL 748.00 12921 DORSEY & WHITNEY -LEGAL SERVICE-FINANCE DEPT 5050.04 12922 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 564.54 12923 DRISKILLS SUPER VALU -EXPENSES-CITY HALL/POLICE DEPT/COMMUNITY 401.24 CENTER/SENIOR CENTER 12924 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT 51.67 12925 DRISKILLS SUPER VALU -EXPENSES/CONCESSION STAND SUPPLIES- 355.57 COMMUNITY CENTER 12926 DYNA SYSTEMS BIN-WATER DEPT 61.53 12927 E P PHOTO FILM/FILM PROCESSING-POLICE DEFT 22.50 12928 E S R CORPORATION -INSTALLATION OF RAIL SYSTEM-WATER 9872.00 TREATMENT PLANT 12929 EASTMAN KODAK COMPANY TONER-CITY HALL 265.50 129.30 CITY OF EDEN PRAIRIE DUES-MUNICIPAL LEGISLATIVE COMMISION 11335.00 12931 EDEN PRAIRIE FIRE DEPT FIRE PREVENTION TRUCK REPAIR-FIRE DEPT 133.70 12932 EDEN PRAIRIE TIRE & AUTO SERVICE WHHEELALI1WATEREQUUIPMENTTMANT INH DEPT 215.0036 12933 CITY OF EDINA 12934 EDINA SW PLUMBING -VALVES/PIPE/SOLDER/REPLACED VALVES AT 135.55 TRUCK WASH-EQUIPMENT MAINTENANCE 4394623 v 1 FEBRUARY 19.1991 12935 DEB EDLUND MINUTES-PLANNING COMMISSION 125.00 12936 ELVIN SAFETY SUPPLY INC PAINT-WATER DEFT 194.31 2937 JEFF ELWELL MILEAGE-COMMUNITY CENTER 8.75 .,2938 EXPRESS MESSENGER SYSTEMS INC POSTAGE-PLANNING DEFT 5.50 12939 FAIRCHILD MARKETING ADVERTISING-LIQUOR STORES 350.00 12940 FIREHOUSE LAWYER MONTHLY NEWSLETT SUBSCRIPTION-FIRE DEFT 48.76 12941 THE FITNESS STORE CABLES-FITNESS CENTER-COMMUNITY CENTER 42.00 12942 FIVE STAR CONSTRUCTION INC -1ST HALF FOR REMODELING OF CENTRAL FIRE 6000.00 STATION 12943 FLAHERTYS HAPPY TYME CO MIX-LIQUOR STORE 72.00 12944 FLOYD SECURITY -1ST QUARTER 91 SECURITY SYSTEM-LIQUOR 398.00 STORE 12945 FOCUS ONE HOUR PHOTO PRINTS-SAFETY DEPT/ASSESSING DEPT 36.59 12946 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 867.76 12947 FOX MCCUE & MURPHY 1990 AUDIT SERVICE 8000.00 12948 JOHN FRANK JANUARY 91 EXPENSES-FINANCE DEPT 200.00 12949 ROBERT FROLUND RINK ATTENDANT/FEES PAID 31.20 12950 G & K SERVICES -COVERALLS-WATER DEPT/TOWELS-PARK MAINT/ 569.06 LIQUOR STORE 12951 GENERAL MACHINING INC -SPACER/MODIFIED ROD/MODIFIED SPROCKET- 112.00 EQUIPMENT MAINTENANCE/PARK MAINTENANCE 12952 GENUINE PARTS COMPANY -HYDRAULIC HOSES/OIL SEALS/CHAIN/FUEL 2295.14 -PUMPS & FILTERS/RADIATOR HOSES/GASKETS/ -SPRINGS/FLASHLIGHTS/PAINT/BATTERY CHARGERS/ -AIR FILTERS/MUFFLERS/TAILPIPES/SWITCHES/ -BELTS/HITCHPINS/FANS/U-JOINTS/THERMOSTATS- EQUIPMENT MAINTENANCE/WATER DEPT 12953 JOHN GERTZ -EXPENSES/MILEAGE-HISTORICAL 184.33 INTERPRETATION PROGRAM 12954 GLENWOOD INGLEWOOD SERVICE-FITNESS CENTER 4.35 12955 THE GLIDDEN COMPANY PAINT-WATER DEPT 35.72 12956 GOODWILL INDUSTRIES INC JANUARY 91 EXPENSES-SOLID WASTE MANAGEMENT 2012.50 12957 TIM GORDON REFUND-OVERPAYMENT UTILITY BILLING 21.73 12958 GOVERNMENT TRAINING SERVICE SCHOOL-POLICE DEPT 2204.00 12959 W W GRAINGER INC -BATTERY CHARGER/RECHARGEABLE FLASHLIGHTS/ 529.92 -BRUSH/BROOM HANDLE-EQUIPMENT MAINTENANCE/ WATER DEPT 12960 ALAN GRAY JANUARY 91 EXPENSES-ENGINEERING DEPT 200.00 12961 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 120.00 12962 GUARANTY TITLE OVERPAYMENT OF SPECIAL ASSESSMENTS 924.86 12963 GUNNAR ELECTRIC CO INC CIRCUIT BREAKER-PARK MAINTENANCE 12.67 12964 HACH CO CHEMICALS-WATER DEFT 328.80 12965 THE HALE COMPANIES INC FUEL PUMP REPAIR-EQUIPMENT MAINTENANCE 177.31 12966 MICHAEL W HAMILTON -BASKETBALL/BROOMBALL & BOOT HOCKEY 552.00 OFFICIAL/FEES PAID 12967 BOB HANNON HOCKEY OFFICIAL/FEES PAID 223.00 12968 ROGER HAWKINSON BASKETBALL OFFICIAL/FEES PAID 108.50 12969 HENNEPIN COUNTY MEDICAL CENTER TEXTBOOKS-POLICE DEFT 143.70 12970 HENN CTY-SHERIFFS DEPT DECEMBER 90 BOOKING FEE-POLICE DEPT 332.12 12971 HENNEPIN COUNTY TREASURER -TRAFFIC SIGNAL MAINTENANCE/SWITCH-STREET 524.61 CONTROL DEVICE/LATHS-PARK MAINTENANCE 12972 HENNEPIN COUNTY TREASURER DECEMBER 90 BOARD OF PRISONERS-POLICE DEFT 3776.25 12973 HENNEPIN TECHNICAL INSTITUTE SCHOOL-FIRE DEFT 300.00 '2974 HENNEPIN PARKS -SKI LIFT RENTAL-WINTER SKILL DEVEIOP"1ENT 1779.00 PROGRAM 3385144 FEBRUARY 19.1991 12975 HOLMSTEN ICE RINKS INC -INSTALLED SNOW MELT COIL-ICE ARENA- 2399.53 COMMUNITY CENTER :976 HOME LUMBER -LUMBER & MATERIALS FOR REMODELING OF 2893.71 HOMEWARD HILLS PARK BARN 12977 HONEYWELL INC -1991 MAINTENANCE AGREEMENT FOR UNIT 9542.12 HEATERS & BUILDING THERMOSTATS-WATER DEFT 268 00 12978 GARY ISAACS -BASKETBALL OFFICIAL& OFFICIALS COORDINATOR/FEES PAID 59.91 12979 JEMS MAGAZINE SUBSCRIPTION-FIRE DEFT 12980 al OFFICE PRODUCTS INC OFFICE SUPPLIES-WATER DEFT/FIRE DEFT 642.22 12981 JUSTUS LUMBER CO -BRACKETS/SHELVES/PAINT/STUDS/WATER HEATER 1330.45 -JACKET/SAND/HARDWARE/NAILS/METAL STUDS/ -KNIVES/SCREWS/DRYWALL/TREATMENT LUMBER- WATER DEPT/STREET DEFT 12982 KAEDING AND ASSOCIATES INC -JANUUARYD9YARY 1 ELECTRICALS ENGINEERING SERVICE 821.10 FOR12983 KILLMER ELECTRIC COMPANY INC -STREET LIGHT REPAIR/REPLACED LAMPS-STREET 760.93 LIGHTING DEFT 12984 DEAN KOCKELMAN BASKETBALL OFFICIAL/FEES PAID 108.50 12985 STEVE KNUDTSON BROOMBALL OFFICIAL/FEES PAID 435.00 12986 KRAEMERS HOME CENTER -�CgILT/PROPAET URNE FUEL/BATTERIES/HANDLES/ 342.28 -BOX/SANDER/PAINT/STAKES/PAIL/ROPE/CLAMPS/ UTILITY KNIVES/TAPE/BULBS-WATER DEFT 12987 LAB SAFETY SUPPLY LAB SUPPLIES-WATER DEFT 45.02 12988 CINDY LANENBERG MILEAGE-FIRE DEPT 59.25 12989 LANG PAULY & GREGERSON LTD PNOVEMBERO90SLEGIL SERVICE/DECEMBER 90 21654.41 2990 BOB LANZI MILEAGE-ORGANIZED ATHLETICS PROGRAM 87.75 12991 LEAGUE OF MN CITIES EXPENSES-CITY COUNCIL 15.00 12992 LEEF BROS INC MATS-LIQUOR STORE 42.03 12993 LETS PLAY INC SUBSCRIPTION-COMMUNITY CENTER 34.00 12994 L LEHMAN & ASSOCIATES INC -JANUARY 91 LEGAL SERVICE-FLYING CLOUD 2919.54 LANDFILL 12995 LINHOFF CORPORATE COLOR PRINTS-HUMAN RESOURCES DEFT 34.93 12996 TANG LAKE FORD TRACTOR INC PEDAL ASSEMBLY-PARK MAINTENANCE 49.35 12997 LORENZ BUS SERVICE INC BUS SERVICE-SPORTS &OUTDOORS PROGRAM 318.00 12998 LUNDS EXPENSES-FIRE DEFT 195.26 12999V GAS CO GAS-OUTDOOR CENTER OPERATIONS 222.95 13000 MANCINO MFG CO INC -IDWRPRACRECE BE INCLLIINES-KIDS KORNER 466.00 PRO13001 MARSHALL & SWIFT SUBSCRIPTION-ASSESSING DEFT 113.95 13002 MASYS CORPORATION -MARCH 91 COMPUTER SOFTWARE MAINTENANCE 1295.00 AGREEMENT-POLICE DEFT 13003 JAMES MATSON CANINE SUPPLIES-POLICE DEFT 28.99 13004 JEAN MATTIACCI VOLLEYBALL OFFICICAL/FEES PAID 135.00 13005 MBA DESKTOP PUBLISHING PLUS -TYPESETTING FLYER-HISTORICAL& CULTURAL 45.00 , COMMISSION 13006 SUE MCCARVILLE MILEAGE/EXPENSES-COMMUNITY CENTER 8.55 13007 AHMAD MCGOWAN VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 49.50 13008 MCKINLEY SEWER SERVICE -SERVICE-9900 SPRING RD-HOUSING 100.00 REHABILITATION PROGRAM 13009 MCNEILUS STEEL INC TUBING-PARK MAINTENANCE 13.53 3010 MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT 65.10 _3011 MERLINS HARDWARE HANK -NAILS/WOOD FILLER/SCREWS/STAPLES/PAINT 97.76 -THINNER/PLEXIGLASS/PHONE ACCESSORIES/ 4769962 3G DOOR STOP/SOCKET/DETERGENT-COMMUNITY CTR 13012 METHODIST HOSPITAL SERVICE-POLICE DEPT 81.25 13013 METRO PRINTING INC PRINTING-CITY MAPS/FORMS-FIRE DEPT 2328.00 13014 METROPOLITAN AREA MCAT ASSN DUES-CITY COUNCIL 15.00 13015 METROPOLITAN COUNCIL DATA CENTER MANUAL-ASSESSING DEPT 3.50 13016 METROPOLITAN MECHANICAL CONTRACTO FURNACE REPAIR-COMMUNITY CENTER 517.01 13017 METROPOLITAN WASTE CONTROL COMMIS JANUARY 91 SAC CHARGES 11583.00 13018 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT 1240.20 13019 MINNEAPOLIS HEALTH DEPT DECEMBER 90 LAB TESTS-POLICE DEPT 48.40 13020 MINNCOMM PAGING -FEBRUARY 91 PAGER SERVICE-UTILITIES 90.67 DIVISION/STREET MAINTENANCE 13021 MINNESOTA BLUEPRINT OFFICE SUPPLIES-ENGINEERING DEPT 674.46 13022 MINNESOTA BUSINESS FORMS PRINTING FORMS-EQUIPMENT MAINTENANCE 279.64 13023 MINNESOTA CHIEFS OF POLICE ASSN DUES-POLICE DEPT 170.00 13024 MN CONWAY FIRE & SAFETY -FIRE EXTINGUISHER RECHARGING/O-RINGS/PULL 48.00 PIN-FIRE DEPT 13025 MIAMA LABELS-COMMUNITY CENTER 5.00 13026 MINNESOTA MAYORS ASSN DUES-CITY COUNCIL 10.00 13027 MN RECREATION & PARK ASSN DUES-PARK & RECREATION DEPT 1039.00 13028 MINNESOTA STATE TREASURER JANUARY 91 BUILDING SURCHARGES 1657.77 13029 MINNESOTA TITLE OVERPAYMENT OF SPECIAL ASSESSMENTS 975.45 13030 MINNESOTA TROPHIES OFFICE SUPPLIES-PARK MAINTENANCE 33.60 13031 MTI DISTRIBUTING CO PISTON ROD/SEAL KIT-PARK MAINTENANCE 215.77 13032 NATIONAL SAFETY COUNCIL COMPUTER SOFTWARE-CIVIL DEFENSE DEPT 247.68 13033 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-HUMAN RESOURCES DEPT 518.70 13034 JIM NELSON LABELING GUN/LABELS-LIQUOR STORE 222.00 13035 RALPH NESBITT ICE FISHING INSTRUCPOR/FEES PAID 25.00 13036 BETH NILSSON SKATING DIRECTOR/FEES PAID 633.33 13037 NORTHERN HYDRAULICS 0-RINGS/PLOW BLADES-EQUIPMENT MAINTENANCE 178.87 13038 OFFICE PRODUCTS OF MN INC COMPUTER REPAIR-ENGINEERING DEPT 377.00 13039 C J OLSON MARKET RESEARCH INC -SERVICE-MUNICIPAL LIQUOR STORE SITE 7389.00 SELECTION RESEARCH 13040 JERRY PARNHAM VOLLEYBALL OFFICIAL/FEES PAID 45.00 13041 P C EXPRESS INC -COMPUTER/MONITOR/KEYBOARD-POLICE 1334.0C FORFEITURE-DRUGS 13042 PC WORLD SUBSCRIPTION-FINANCE DEPT 33.97 13043 PEDERSON SELLS EQUIPMENT CO INC SIGHT GAUGE-EQUIPMENT MAINTENANCE 21.1C 13044 PEPSI COLA COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 402.7E 13045 SANDRA KAY PERREAULT MILEAGE-POLICE DEPT 13.00 13046 PERSONNEL DECISIONS INC -DECEMBER 90 COMPARABLE WORTH STUDY-HUMAN 50.00 RESOURCES DEPT 13047 CONNIE L PETERS MILEAGE-COMMUNITY CENTER 20.SC 13048 G C PETERSON MACHINERY CO INC PLANER-MOLDER-PARK MAINTENANCE 1295.00 13049 PATRICIA PIDCOCK EXPENSES-CITY COUNCIL 10.0C 13050 THE PINK COMPANIES CASTERS-POLICE DEFT 41.2` 13051 POWER BRAKE EQUIPMENT CO TRUCK TIRE RIMS-EQUIPMENT MAINTENANCE 623.4C 13052 PRAIRIE HARDWARE -DRAWER LOCKS/SPEAKER WIRE/DRILL BITS/HOSE 81.7Z NOZZLES/RETRACTABLE REEL-FIRE DEPT 13053 PRAIRIE OFFSET PRINTING PRINTING SIGN PERMIT FORMS-PLANNING DEPT 50.2C 13054 PROFESSIONAL TRAINING ASSOC INC SUBSCRIPTION-FIRE DEPT 39.00 13055 RC IDENTIFICATIONS INC CARD POUCHES-COMMUNITY CENTER 105.8( 13056 READY MADE SIGN CO SAFETY SIGNS-WAfE'R DEFT 84.11 13057 RETAIL DATA SYSTEMS OF MN CASH REGISTER PAPER-LIQUOR STORES 239.6E 13058 REUTER RECYCLING INC WASTE DISPOSAL-PARK MAINTENANCE 58.9: 3515671 FEBRUARY 19.1991 13059 CITY OF RICHFIELD -FINAL PAYMENT FOR ADAPTIVE RECREATION 583.66 COORDINATOR 13060 ROBERTS CO INC FIRE PREVENTION SUPPLIES-FIRE DEPT 130.00 13061 ROGERS SERVICE ALTERNATOR REPAIRS-EQUIPMENT MAINTENANCE 507.79 13062 ST PAUL STAMP WORKS INC RUBBER STAMPS-LIQUOR STORE 41.00 13063 SALLY DISTRIBUTORS INC BALLOON CLIPS/BALLOONS-SOCIAL PROGRAM 47.60 13064 SANCO INC CLEANING SUPPLIES-COMMUNITY CENTER 18.20 13065 RONALD SCHWARTZ VOLLEYBALL OFFICIAL/FEES PAID 225.00 13066 SEELYE PLASTIC INC PVC PIPE-WATER DEPT 78.96 13067 J L SHIELY COMPANY GRAVEL-WATER DEPT 30.49 13068 SIGNATURE CONCEPTS INC UNIFORMS-POLICE DEPT 417.02 13069 SIR SPEEDY PRINTING CIR -PRINTING FLYERS-HISTORICAL & CULTURAL 286.00 COMMISSION 13070 W GORDON SMITH CO HEADLIGHT/GAS-WATER DEPT/PARK MAINTENANCE 17.49 13071 SNAP ON TOOLS CORP -ADAPTORS/GRINDER/WRENCH/FILE SET/SCRAPER- 230.30 EQUIPMENT MAINTENANCE 13072 EDWARD SORENSON BROOMBALL OFFICIAL✓FEES PAID 300.00 13073 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-CITY HALL 73.60 13074 SOUTHWEST SUBURBAN PUBLISH INC LEGAL ADS-PLANNING DEPT 761.99 13075 SOUTHWEST TRAILS REIMBURSEMENT OF DNR TRAILS 4878.04 13076 SPS COMPANIES -VACUUM BREAKER/FITTINGS-WATER DEPT/PARK 47.65 MAINTENANCE 13077 DONNA STANLEY MILEAGE-SENIOR CENTER 22.90 13078 SOUTHWEST FIRE LEAGUE DUES-FIRE DEPT 25.00 13079 STAR TRIBUNE ADVERTISING-POOL LESSONS-COMMUNITY CENTER 56.00 13080 STORAGE EQUIPMENT INC SHELVES-STREET MAINTENANCE 3B9.5555 13081 STREICHERS PROFESSIONAL POLICE EQ -DOOR OPENING TOOLS/GUN SIGHT/STROBE LIGHT 767.30 -REPAIR/SIREN & LIGHT CONTROL SYSTEM/ SHELVES-POLICE DEPT/EQUIPMENT MAINTENANCE 13082 SUBURBAN CHEVROLET -SWITCH ASSEMBLY/CONTROL ASSEMBLY/CABLE/ 212.18 ALTERNATOR-EQUIPMENT MAINTENANCE 13083 SWEDLUND SEPTIC SERVICE SEWER SERVICE-PARK MAINTENANC 160.00 13084 TARGET STORES PHONE-FACILITIES DEFT 38.98 13085 TOURE COUSIN DONATION-MARTIN LUTHER KING JR EVENT 10.00 13086 TNEMEC CO INC PAINT-WATER DEPT 446.16 13087 VALERIE TRADER AEROBICS INSTRUCTOR/FEES PAID 150.00 13088 TRIO SUPPLY CO PAPER CUPS-CITY HALL 71.54 13089 TRIARCO ARTS & CRAFTS INC CRAFT SUPPLIES-CEDAR RIDGE PROGRAM 39.6E 13090 TROVEHL INDUSTRIES INC LATCHES-COMMUNITY CENTER 17.80 13091 TURF SUPPLY CO FERTILIZER-PARK MAINTENANCE 6649.5C 13092 TWIN CITY OXYGEN CO -OXYGEN/CLEANING SUPPLIES-EQUIPMENT MAINT/ 62.19 PARK MAINTENANCE 13093 USA TODAY ADVERTISING-LIQUOR STORES 60.0C 13094 U S HOSPITALITY ADVERTISING-LIQUOR STORES 195.0C 13095 US WEST CELLULAR -3 PORTABLE CELLULAR PHONES-POLICE 1197.00 FORFEITURE-DRUGS 13096 UNIVERSAL DATA MANAGEMENT -RECORDS MANAGEMENT EVALUATION SERVICE- 2000.00 CITY HALL 13097 UNLIMITED SUPPLIES INC -PIPE PLUGS/COUPLINGS/FITTINGS/GLOVES/ 316.3E -BUSHINGS/PIPE REDUCERS/NUTS & BOLTS- EQUIPMENT MAINTENANCE 13098 VICOM INC -FEBRUARY 91 WIRE MAINTENANCE AGREEMENT- 7.00 COMMUNITY CENTER 1.3099 WELSH COMPANY REFUND-OVERPAYMENT UTILITY BILLING 1610.1f. 13100 ROBERTA WICK MINUTES-CITY COUNCIL 150.0C 2332710 FEBRUARY 19.1991 13101 JACK L WIEBKE BASKETBALL OFFICIAL/FEES PAID 93.00 13102 WILLIAM WIEBKE BASKETBALL OFFICIAL/FEES PAID 93.00 13103 YOUNGSTEDTS INC WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 38.95 3104 JIM ZALESKY VOLLEYBALL OFFICIAL/FEES PAID 210.00 .3105 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-COMMUNITY CENTER 133.15 13106 ZIEGLER INC SWITCH-EQUIPMENT MAINTENANCE 26.89 13107 MITCH ZWOLENSKY BASKETBALL OFFICIAL/FEES PAID 247.00 12552 VOID OUT CHECK 475.70 12636 VOID OUT CHECK 3839.00 12731 VOID OUT CHECK 625 00- 12784 VOID OUT CHEI'x 5.50 -410321 $786906.06 • a DISTRIBUTION BY FUNDS 10 GENERAL 530094.17 15 LIQUOR STORE-P V M 75514.85 17 LIQUOR STORE-PRESERVE 67515.19 21 POLICE DRUG FORFEITURE 2531.00 31 PARK ACQUIST & DEVELOP 1510.00 45 UTILITY DEBT FD ARB 1900.31 51 IMPROVEMENT CONST FD 31058.81 73 WATER FUND 54335.27 77 SEWER FUND 13595.83 81 TRUST & ESCROW FUND 5460.86 87 CDBG FUND 163.75 88 MUNICIPAL LEGISLATIVE 3226.02 $786906.06 MEMORANDUM { TO: Mayor and City Council FROM: Scott A. Kipp, Planner THROUGii: Chris Enger, Director of Planning DATE: February 14, 1991 SUBJECT: Review of the Updated Flying Cloud Airport Noise Abatement Rules and Recommendations for Action BACKGROUND The development of the Flying Cloud Airport Noise Abatement Plan(NAP)has been the effort of the Metropolitan Airports Commission (MAC), the Flying Cloud Airport Advisory Commission,City Staff and area residents. Since it's inception in the fall of 1989,there have been many changes made to the abatement plan based on input received from these groups, including a public meeting in February of 1990. The initial draft of the abatement plan was reviewed by the City Council on August 21, 1991. At that time,the Council was not in a position to endorse or approve the plan because it lacked enforcement criteria. Other issues raised at that meeting were as follows: The plan relied on voluntary compliance without mandatory controls. No noise monitoring was proposed. No procedures developed to make the abatement plan known. Maintenance runups were not being restricted to the south side of the airport. The City Council referred the NAP back to the Flying Cloud Airport Advisory Commission for further review. Councilman Dick Anderson was asked to attend and address City Council concerns. (See Minutes Attached) Following that meeting, and numerous other Advisory Commission meetings, the revised abatement plan was drafted attempting to address City Council concerns and issues raised in Resolution 90-171 (never adopted by City). • Memo Revised Flying Cloud Airport Noise Abatement Rules February 14, 1991 Page 2 UPDATED ABATEMENT PLAN The new draft of the Flying Cloud NAP dated January 29, 1991, now contains enforcement authority by MAC. The plan no longer refers to voluntary compliance. Each restriction is now stated as a "rule", which under MAC jurisdiction, allows MAC to take action against repeat offenders through lease agreements. Other highlights of the Abatement Plan are as follows: 1) Runway 9R(most southerly parallel runway)is preferred in calm wind conditions. 2) Stage I aircraft banned from airport. 3) Jet aircraft arrivals and departures are to be made on 9R, 27L. 4) Traffic pattern altitude has been raised from 800 feet to 1,000 feet above ground level. 5) Multiple training events by jet aircraft in traffic pattern are prohibited. 6) Whenever feasible, aircraft in traffic pattern will utilize the south parallel runway. 7) Evening maintenance run-ups are restricted to the south side of airport, with all maintenance run-ups prohibited between 10 p.m. and 8 a.m. 8) No helicopter training between 10 p.m. and 8 a.m. 9) No flight training within traffic pattern between midnight and 6 a.m. NOISE COMPLAINT PROCEDURE In addition,noise complaint procedures have been incorporated into the Abatement Plan which provide residents the process to file a complaint for abatement rule offenders. MAC will take appropriate measures against repeat offenders. These complaints will also be forwarded to the Flying Cloud Airport Advisory Commission and City Staff. AIRCRAFT NOISE MONITORING As an ongoing effort by MAC to ensure compliance to established noise contours for the airport, noise monitoring will take place during June, July and August at least once a month. During Memo Revised Flying Cloud Airport Noise Abatement Rules February 14, 1991 Page 3 the other times of the year, monitoring will be conducted on a quarterly basis. If levels exceed the appropriate forecast,review of specific airport procedures would take place. Results of the monitoring will also be made available to the Advisory Commission and City Staff. EFFORTS BY MAC The City recognizes the efforts made by MAC thus far to address concerns raised during the review of the Noise Abatement Plan. MAC has indicated that this plan is probably one of the most complex and restrictive general aviation noise abatement plans in the country. The plan represents a good beginning to help control increases in aircraft related noise at the Flying Cloud Airport. However,there are concerns that remain with the plan. The following issues should be incorporated into the abatement plan as well: RECOMMENDATIONS MAC and the Advisory Commission review effectiveness of the NAP on a yearly basis and make changes where necessary. Although noise monitoring is proposed, it will not establish the pattern of noise created on a longer term basis,which is necessary to evaluate the effectiveness of the NAP and establish proper background data to make positive noise abatement corrections. Therefore, additional or continuous noise monitoring should be proposed. Develop additional enforcement criteria to further deter itinerant aircraft from violating the NAP. Submit to the Flying Cloud Airport Advisory Commission the names of any NAP violators and what enforcement action is taken by MAC on a monthly basis. It is MAC's intention to adopt the Abatement Rules based on a favorable review by the City,and then proceed to complete the approval of the Flying Cloud Airport Master Plan. Attachments: Noise Abatement Plan -January 29, 1991 Flying Cloud Airport Advisory Commission Minutes-September 5, 1990 FCARULS.SAK:bs i sRD Ill FLYING CLOUD AIRPORT NOISE ABATEMENT PLAN INTRODUCTION The noise abatement plan for the Flying Cloud Airport has been prepared in recognition of the need to make the airport and the surrounding community as environmentally compatible as possible. The plan, as set forth here, is the culmination of a cooperative effort between airport users, airport businesses, the Flying Cloud Airport Advisory Commission, City officials, Federal Aviation Administration representatives, and the Metropolitan Airports Commission. Many of the recommended procedures contained in the plan are currently in use at the airport and have proven effective in reducing airport related noise in the surrounding community. The thrust of the noise abatement plan is to direct the bulk of traffic over the sparsely populated Minnesota River bottoms so as to reduce noise levels over the nearby residential areas. The additional step of raising the traffic pattern altitude to 1,000 feet should also help to reduce noise levels over sensitive areas. The plan does not purport to supersede any Federal Aviation Regulations, especially those regarding safe aircraft operating procedures. Certain flight conditions and aircraft operational limitations may make it unsafe to fly all or any part of these procedures. No two airport situations are alike, and each requires a unique combination of procedures to achieve an acceptable solution to the noise problem. The best path to follow is to take a balanced approach which produces realistic and practical solutions fair to both aviation and non aviation interests. In this regard, a full range of possible solutions has been explored and the best composition of solutions has been chosen and carefully weighed before settling on the final plan. Comprehensive noise control and compatibility planning addresses a number of elements such as: Land use compatibility, airport design, aircraft and airport operational procedures, access restrictions, and noise program management. The noise abatement plan for this airport is only one part of what would be a comprehensive strategy and focuses on those elements under the control and jurisdiction of the Metropolitan Airports Commission. g(Dr) 1 RULE I NOISE ABATEMENT TAKEOFF AND APPROACH PROCEDURES A basic noise mitigation strategy is the use of noise abatement takeoff and landing procedures. There are a number of alternatives within this strategy including runway selection, takeoff and landing profiles and power settings, and approach or departure paths. Runway selection is effected by winds, airspace procedures with adjacent air traffic facilities, navigational aids, local tower procedures, aircraft performance and requirements, and traffic density. When linked with appropriate landing and takeoff profiles and approach/departure paths, runway selection should provide relief when compared to an unconstrained airport environment. The following takeoff and approach procedures shall apply to the Flying Cloud Airport. A. When the winds are calm (less than 5 knots) the preferred runway shall be 9R. However, if traffic density or air traffic procedures dictate, Runway 9L may also be used. B. In most circumstances the winds, weather or traffic density will dictate the runway to be used. However in some circumstances there will be an option. In order to have the least impact on the surrounding community, and to provide for en orderly flow of traffic, the following priorities shall be used when selecting a runway: 1) Piston Engine Aircraft or Turbo Prop Aircraft: Arrivals - 9R, 9L, 27L, 27R, 18, 36 Departures - 9R, 9L, 27L, 27R, 18, 36 2) Jet Aircraft: Arrivals - 9R, 27L Departures - 9R, 27L C. An airplane approaching to land on a runway served by a visual approach slope indicator or precision approach slope indicator shall maintain an altitude at or above the glide slope until a lower altitude is necessary for a safe landing. D. Unless otherwise instructed by Air Traffic Control all general aviation turbine aircraft shall use National Business Aircraft Association Noise Abatement Procedures when arriving to or departing from the airport. E. Unless otherwise instructed by Air Traffic Control, departures on Runways 9R or 27L should turn to a southerly heading after crossing the departure end of the runway and attaining an altitude of 500 feet above ground level. RULE II TRAFFIC PATTERN PROCEDURES The traffic pattern is the specified path to be flown by aircraft operating in the vicinity of an airport. The components of a typical traffic pattern are: upwind leg, crosswind leg, downwind leg, base leg, and final approach (see attachment ?). The following procedures shall be adhered to while operating in the traffic pattern at the Flying Cloud Airport: A. Consistent with recommended airport operating procedures and minimum safe altitudes as established in Part 91 of the Federal Air Regulations, the traffic pattern altitude shall be 1,000 feet above ground level. B. Multiple training events by jet aircraft in the traffic pattern are prohibited. C. Extended legs in the traffic pattern are not permitted unless required by Air Traffic Control or for operational safety. D. Whenever feasible, aircraft remaining in the traffic pattern shall use the south parallel runway. • ( RULE III MAINTENANCE RUNUPS An area on the south end of the airport has been designated for engine tests and maintenance runups. The location for engine tests is selected so as to minimize the amount of noise which may be heard in adjacent residential areas. A. Between 1700 local and 2200 all engine tests and maintenance runups in excess of 5 minutes shall be conducted in the designated area. B. Aircraft will be parked on a heading of 360 degrees whenever practical. C. Except in emergencies, engine tests and maintenance runups are prohibited between 2200 local time and 0800 local time, RULE IV HELICOPTER TRAINING The unique design characteristics and capabilities of helicopters allow and sometimes require operations to and from movement areas not designed for fixed wing aircraft. In general, helicopter operators are instructed to avoid the flow of fixed wing aircraft. The following procedures shall apply to • helicopter training. A. All helicopter training within the airports traffic pattern area shall be conducted south of the parallel runways and away from densely populated areas. B. Helicopter training in the traffic pattern area is prohibited from 2200 local time to 0800 local time. C. Air Traffic Control shall determine traffic pattern procedures for training helicopters, keeping in mind the noise sensitive areas surrounding the airport. 7I RULE V NIGHTTIME RESTRICTIONS The period of 2200 hours to 0700 hours is when most people are resting and are most sensitive to noise intrusions. To help mitigate the effect of airport operations on the surrounding community, the following nighttime restrictions are in effect. A. No training may be conducted in the traffic pattern between the hours of 2400 local and 0600 local. B. There may be no intersection takeoffs between the hours of 2200 local and 0800 local. C. Any aircraft not meeting Federal Air Regulation Part 36 is prohibited between the hours of 2200 local and 0700 local. - 1. NOISE COMPLAINT PROCEDURE The Metropolitan Airports Commission set up a phone line to receive complaints about aircraft operations in the metropolitan area around 1970. The phone number is 726-9411 which is manned 24 hours per day. Although originally set up to field complaints about the International Airport, they also handle complaints regarding the Reliever Airports including the Flying Cloud Airport. Callers are requested to supply as much information abcut the problem as possible (i.e. - type of aircraft if known, location, time of incident etc). This information is then passed to either the Manager or Assistant Manager of the Airport. If the responsible party can be identified they are counseled on the complaint received and the correct procedure to be followed. Appropriate measures will be taken against repeat offenders. All complaints are kept on file and reviewed regularly by Metropolitan Aircraft Sound Abatement Council and the Airports Commission for trends which might indicate a particular procedure needs to be reviewed. Complaints will be forwarded to Flying Cloud Airport Advisory Commission. 1 4 i NOISE MONITORING • As part of the long term Comprehensive Development Plan update, the Metropolitan Airports Commission has developed noise contours for the Flying Cloud Airport. Contours for both the existing airport conditions and each alternative development plan were drawn. It is the Commission's intent to conduct ongoing monitoring in order to compare actual noise exposure to forecasted noise exposure. During June, July, and August monitoring will be conducted at least once per month. During other times of the year monitoring will be conducted at least quarterly. If monitored levels exceed the appropriate forecast, Commission staff will review airport operations to see if specific procedures should be revised. Results of the monitoring will also be supplied to the Flying Cloud Airport Advisory Commission. • noisefcal/ges 1 APPROVED MINUTES FLYING CLOUD AIRPORT ADVISORY COMMISSION September 5, 1990 t COMMISSIONERS PRESENT: David Barker (Chairman), John Dow, Dennis Larson, Gary Schmidt (M.A.C.), Jay Olson, Bill Helker STAFF LIAISON: Scott Kipp, Planner GUEST: Richard Anderson, Eden Prairie City Council The Meeting was called to order at 7:00 p.m. by Chair David Barker I. AGENDA (See File Copy, Attachment 1) The Agenda was approved as submitted. II. MINUTES A. Minutes of the June 6, 1990, meeting were approved as submitted. B. Minutes of the July 11, 1990, meeting were approved as submitted. C. Minutes of the August 8, 1990, meeting were corrected (minor editing) and approved. III. DISCUSSION ITEMS A. FCA Noise Abatement Plan (NAP) 1. Status a. Gary Schmidt met with the City Council on August 21st. He discussed and explained the (new) draft NAP (See File Copy, Attachment 2). b. As a result, Council deferred passage of Resolution No. 90-171 (See File Copy, Attachment 3) and referred same back to this Commission (See File Copy, Attachment 4). 2. Discussion a. Gary Schmidt led the group through a brief review of the NAP explaining the basic rationale for each element. Among the main points noted: 1 Minutes Flying Cloud Airport Advisory Commission September 5, 1990 1. 9R is declared the preferred calm wind runway because it is the primary instrument runway. During non-tower hours of operation, traffic can be expected to favor 9R. Declaring another runway as preferred for noise abatement could increase pattern conflicts. 2. The traffic pattern altitude has already been increased to 1000 feet AGL (From 800' AGL) • 3. The designated maintenance runup area is at the south end of the taxi-runway complex. • b. Councilman Anderson then addressed the group, first with an overview of the Council's views and position and then in elaboration and discussion of each of the seven concerns listed in draft Resolution No. 90-171. A brief summary of these: 1. Voluntary versus mandatory compliance: Basically, the City's legal counsel maintains that M.A.C. has the authority to impose mandatory controls. M.A.C.'s view (as stated by G. Schmidt) is that M.A.C.'s authority is so limited as to make attempts at mandatory controls fruitless or counter-productive. 2. City Council is not advocating the installation of a permanent noise monitoring system. A M.A.C. commitment (which Mr. Schmidt indicated is possible) • to frequent monitoring (minimally once per month) and reports to the City, would seem a positive step. 3. Recognizing M.A.C.'s intention to note in various aeronautical publications the existence of a NAP at Flying Cloud, Council wants, whenever possible, descriptions of the specific procedures. Mr. Schmidt indicated that this may be possible in some instances. 2 Minutes Flying Cloud Airport Advisory Commission September 5, 1990 4. and 5. After studying and discussing M.A.C. 's predicted traffic pattern ground tracks, Councilman Anderson seemed to feel that the adverse impacts might not be as significant as feared. 6. Since the pattern altitude has already been raised (without, thus far, adverse reaction) and since such measures are generally viewed as effective, Council's concerns in this regard may be alleviated. 7. As noted above, maintenance run-ups (in excess of 5 minutes) are now clearly restricted to the airport's south side. 3. Results As a result of these discussions and clarifications, M.A.C. will re-address the Council. With the changes anticipated, it is hoped that Council will see the proposed Noise Abatement Plan as the best that can be expected in the near future. Mandatory versus voluntary compliance remains the most obstructing issue. B. Noise Complaint Procedures: 1. Mr. Schmidt reviewed the process in detail: a. Noise complaint phone numbers are: 726-9411/9412 b. All calls are analyzed. c. All calls involving FCM are referred to Mr. Schmidt (M.A.C. - Reliever Airports) d. Mr. Schmidt attempts to contact each original caller for confirmation, more details, etc. e. Mr. Schmidt then attempts to identify the aircraft involved and the owner/operator. 3 {. Minutes Flying Cloud Airport Advisory Commission September 5, 1990 Normally, such contacts result in voluntary avoidance of offending operation. f. When/if owner/operator does not appear cooperative, M.A.C. attempts to exert pressure through lease, etc. g. M.A.C. will periodically publicize the complaint procedures in local newspapers. h. Councilman Anderson urged M.A.C. to involve City offices in the loop particularly in contacting complainants. IV. NEW BUSINESS One Eden Prairie News article (See File Copy, Attachment 5) was referred to Commission members for their information. V. OLD BUSINESS Mr. Kipp again urged the quick return of the single outstanding disclosure statement. VI. ADJOURNMENT The meeting was adjourned at 9:12 p.m. Respectfully Submitted, William H. Helker, Jr. Vice Chairman Acting Recording Secretary Attachments: The copy of these minutes on file at City Hall should have five attachments: 1. Agenda, Wednesday, September 5, 1990. 2. Draft Noise Abatement Plan. 3. Draft City Council Resolution No. 90-171. 4. Letter; Mr. Scott Kipp to Commission members, August 29, 1990. 5. Eden Prairie News article, August 9, 1990. MIN9-5.SAK:bs 4 I MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert. Director of Parks, Recreation and Natural Resources FROM: Barbara Penning Cross, Landscape Architect` DATE: January 30, 1991 ' v SUBJECT: Petition for a Trail Along County Road 1 from Bennett Place to Spoon Ridge The parks, recreation and natural resources staff received a petition from 38 families in the Bennett Place/Olympia Drive neighborhood requesting the City to construct a trail along the north side of County Road 1 from Bennett Place to Spoon Ridge. The neighborhood's main concern is for the safety of children travelling along County 1 to get to Prairie East Park, their neighborhood park. This section of trail would connect to the trail installed last summer after the Spoon Ridge neighborhood shared similar concerns I have plugged the information for this trail into the ranking system for trails priorities. This trail ranks number 2 according to the criteria used. Staff recommends money for the constnuction of the trail be budgeted into the 1992 budget,and be constructed during the summer of 1992. The Engineering Department has put together a cost estimate for the construction of the project. • The estimated range is between$20,000 and$47,000. The$20.000 price would be if the City crews did as much of the work as possible. The $47,000 option would be using outside contractors, purchasing additional ROW from Olympic Hills Golf Course and relocating the existing chain link fence. Staff also recommends that the Director of Public Works should meet with the County to determine the location of the trail and provide a cost estimate prior to budget determinations in early July. BPC:mdd bennett/9 ej N M V y O AIC 0 l 6 N M M J h •O A O P N ^ ^ M V M b A O H N M in V M •O 'O A A 03 O P O 0 O ••. N 1 i 3 t NV, } 2 •O O N ^ 0 0 A A N N O g0 M n N 10 M M J N v, ^ •n • MinN N , • N • N ' N N . , M • • u ^ . 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Y E y p U > i U i U : • V o. u er O i C A 6 Y q u f -MEMORANDUM - , TO: Bob Lambert,Director of Parks and Recreation and Natural Resources FROM: Gene Dietz, Director of Public Works Departmentji DATE: January 14, 1991 RE: Hikeway/Bikeway Estimate CSAH#1, Spoon Ridge to Bennett Place Bill Hornig has prepared sonic preliminary budget estimates for the above captioned trail as you requested. Two alternates have been developed,but several variables could influence the design effort and construction cost of the project as follows: Alternate A. Perform the construction work using City forces as much as possible-- similar to the installation east of Spoon Ridge. This assumes that the earth work would be performed on a time and material basis by a private contractor,provides for the price to purchase materials necessary for the project, but no factor for City labor and ♦ equipment. Estimated cost is$20,000. Alternate B. This alternate assumes that the entire project would be performed by a contractor and is estimated to cost$30,000.00. Variables. The CSAH right-of-way is 50 feet wide (from center line)between Spoon Ridge and the golf course. Adjacent to the golf course, the right-of-way is only 33 feet. If Hennepin County insists that the trail be installed outside of the 33-foot wide existing corridor, it will be necessary to remove and replace the fence and possibly acquire the right-of-way. These factors would have the following impact on the budget estimate: 1. Remove and replace golf course fence, $7,000. 2. Acquire nearly 12,000 square feet of right-of-way, $10,000. Depending on the attitude of Hennepin County and the potential attitude of the golf course along with a decision to construct the trail utilizing City forces as much as possible, the cost to construct the hikeway/bikeway could range between$20,000 and$47,000. If it is determined to pursue the project, we can more fully develop some conceptual plans and perhaps resolve some of the variable issues. EAD:ssa Dsk.GD.HIKEBIKE.RL cc: Carl Jullie City Manager Ft .,IS • , .. O P P E R M A N HEINS E. PAQUIN vANCE A DPPERM•N BRADLEY W ANDERSON ROBERT J.SCHMIT N D.MUNIC ATTORNEYS AT LAW JOSEPN R.KERNAN.JR mARGARET H.CHutiCH JAMS E.SCII•T2 PATRICIA A.BL000600D 2200 WASHINGTON SOUARE SAMUEL D.HEINS ANNE 1.SCHLUETER 100 WASHINGTON AVENUE SOUTH JEROME,P•OUIN ANOREA J.K uPMAN RICHA AUDRE D A.LOCK RIDGE JOSEPH ATMUSILEK MINNEAPOLIS, MINNESOTA 55401 AUDRCVI ESTEEM BARBARA J.GRARN CHARLES N NAUEN KEVIN M CHANDLER TELEPHONE 10121 339-6900 H.THEODORE ORINOwL RAYmONO DECHSLER FACSIMILE 16121 339-0961 THOMAS B.HEFFELFINGCR JOHN A LINDA L.HOLSTEIN CHRISTOPHER A SANOBERG W.JOSEPH BRUCKNER HARRY C.GALLAHER • 1300 I STREET,N-W. of COUNSEL EAST TOWER,SUITE 460 • JONATHAN W CUNEO' JAMES J.SCHWEITEER' WASHINGTON, D.C.20005 TELEPHONE 12021 962-3650 FACSIMILE 12021 962-3661 January 7, 1991 Mr. Doug Tenpas Mayor • City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: County Road #1 Bike Path Dear Doug: Although we could have gotten more signatures, I didn't want this petition to sit on my desk any longer. Please advise what Michele and I or the neighbors can do to expedite the construction of the bike path desperately needed on County Road 1 between Spoon Ridge and Bennett Place. I would be happy to visit with Council members or any others you think would be appropriate. It would sure be nice to get this done this year. Congratulations on your election. I know you'll do a great job! Sincerely, - OPPERMAN HEINS & PAQUIN c?72-14 H. Theodore Grindal aht1.5 P.S. Believe it or not we finally are finishing the Prairie Lutheran Church addition. Thanks for your help. NOTICE !! HELP KEEP OUR KIDS SAFE ! ! A BIKE PATH IS BEING BUILT BETWEEN FRANLO AND SPOON RIDGE ON COUNTY ROAD 1. THIS BIKE PATH WAS A RESULT OF NEIGHBORHOOD PRESSURE. BENNETT PLACE AND OLYMPIA DRIVE HAVE THE SAME NEED FOR A BIKE PATH TO CONNECT BENNETT PLACE ON COUNTY ROAD 1 TO THE NEWLY CONSTRUCTED BIKE PATH AT SPOON RIDGE. PLEASE SIGN THIS PETITION TO URGE THE CITY COUNCIL TO CONSTRUCT SUCH A BIKE PATH. NAME ADDRESS PHONE 1. .�, �V >/7a:/v-r,4 J ' 9`/, ff_. 2. 7.—/ , 2 7 ,s 3 94-,/.5 b/ cqi 3 be 9ii 73%`a , 4. Ilk. 4 AS)-0/12:/ 9C ne19.41(h- 5. .421111 a uJim.,� N Q,'ic, 1 9533 /3eam lace 8,,29 V-7 6. 'l. J — 9sI s fie•• - . ), py -F 6 1 7. 67,t, S k . ISM 1 B�«.�t+�l�k 9Y(-i 5)3 8. . 944-vivi 113. l Cn 4/t 62 GY P/its- �`t�4. 12. r, l ! j'� R goL(i �y�"1" / cv �1. �a2�-C/N'S- 13. !�/ � 9 t7/ ni. / �.C / YY- CI I 14. w i - 94St uG( GLl�ttt -06R 7 / 16. IJcx .. C�c.a.&_) 9Y SG y�i�/m `.- 9�a v ( 17. _F ./� )% ul wF. gx,..„:,,_Q., . 9vi-Fvo /1 18.��; der--az<e_At_c f/ //&(.5-A)2.117z ,(6-1, 19. , .a%lA s(/1:1a4l .i /7 /7 /') / 97 - - II i 20. , ' i'�So 619yyy-'Y7 2 a jar j14..?C- zz. �, 4 : ,L 9'9-�• / 23. ID/4/3 pSpt;o, 9141-426 za. fceto . 3 Q.j,s _ 9�4H%aq 25. ' 1cE83 _... TN„it_%q (44-4-6-91 26. /71A1'S. '/z ,1 0 , ""'f` 91)1175(11 27. -6, Gi'</c.7/, Di o3 .. n r.. -. ..1'?"5"2-4/j 28. b; _7) ,Cbn 112' 2 r�4aq- `i,/7 29. 941-62—it.g-__ OO93v ,, 4 , 95�'2/-1 7-gp 30. 1 .' '\ /0103 5pOD'l l\i I 7Y -/d !/ 31.tv\:\6 x.LL. „_,, 16'90 spot, R,djt It/Li-AP" - 32. • A 10`13U r'`,G/' clol-►lciy 33. JJ7,2 1 ' eAI/464,z _9,/I-O742 / ,, 34. , JD75R Sporn, Q. 9`!/ SrA 35. /V / �,.�._ /0 76 3 5�.,'..- f..�d� L 9 i1-3 79R 36�/)' /�C r fnn�L,l lO� 5� 0� �ICYi q- 31 37. N, l�.�e.:✓ 9s5 k--a.s//.,.., G„� 4it-3-81 6( 38. (C1-a., /�S7y W-d 4,(Vay gvsl- Y ,,K 39. 40. Page 2 of 2 UNAPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION IV. PETITIONS, REQUESTS AND COMMUNICATIONS A. Petition for Hikeway/Bikeway Along CSAH X1 from Spoon Ridge to Bennett Place Refer to memo dated January 30, 1991 from Barb Cross, Landscape Architect. Cross introduced Michelle Grindall who was at the meeting representing the residents in the Bennett Place-Spoon Ridge neighborhood. The City received a petition from the residents requesting a trail along Co. Rd. 1 from Bennett Place to Spoon Ridge. Cost of the trail would range from $20,000 to $47,000. The $20,000 cost would be if the City crews did the work and the $47,000 cost would be using outside contractors, purchasing additional right-of-way from Olympic Hills Golf Course and moving the existing chain link fence. Cross added that there is no money available to install this trail in 1991 and she suggests adding it to the 1992 budget. This trail is considered number one on ( the priority list which is based on speed of traffic, site distances, whether the trail is a connecting link to the neighborhood, if the residents have submitted a petition and if the trail has been on a previous bond referendum. MOTION: Richard moved to recommend that the trail along Co. Rd. 1 from Bennett Place to Spoon Ridge be built as soon as possible when funding is available. Karpinko seconded the motion and it passed 4-0. • 3255 MEMORANDUM TO: Mayor and City Council Planning Commission THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources DATE: February 7, 1991 SUBJECT: Garden Club Organizational Meeting During the last year, the Parks,Recreation and Natural Resources Commission has spent many hours discussing a variety of methods for providing beautification of boulevards, intersections, etc. throughout the City of Eden Prairie. The Commission decided that the most effective way to initiate a beautification program was to support the initiation of a Community Garden Club. This Community Garden Club would initially be sponsored by the City of Eden Prairie and would hold meetings at the Outdoor Center. The main goals of the Garden Club would be to provide information to its members through speakers, flyers, etc. on gardening tips for wild flower beds,as well as formal planting beds. The Garden Club would also have some public service projects that could include ongoing development of the wild flower plantings around the Outdoor Center grounds, as well planting and maintaining one or more flower beds at highly visible locations around the community. The first proposed location is within Round Lake Park at the intersection of Valley View Road and County Road 4(the site of the old library building). The Parks, Recreation and Natural Resources Commission would hope that the Garden Club would have the support of the Planning Commission and the City Council. In many • municipalities,Community Garden Clubs provide significant landscape and beautification projects • along boulevards or at intersections. These beautification projects can make a significant impact on the feeling about the quality of life in a particular community. Bud Baker,Chairman of the Parks, Recreation and Natural Resources Commission, and Karon Joyer, a commission member, would like to briefly address the Council and the Planning Commission to invite you and your families to join the Garden Club, as well as requesting Commission and Council support for this new community service organization. BL:mdd garden/Il its MEMORANOiI'1 To THE FILES - GARDEN CUM Rod MacRae, Mee- Coordinator A meeting was held on Nbnday, January 14, 1991, at the Outdoor Center to discuss the prospects of forming an Elden Prairie Garden Club. Attending this meeting were: Bud Baker, Karen Joyer, Bob Lambert, Rod MacRae, Laurie Belling. This meeting had come about because of the Parks Recreation & Natural Resources Cahmission's interest in developing the program. The discussion was wide ranging and informal. There was considerable agreement that such a program would be desirable for Eden Prairie. Following are the highlights of discussion and agreements for action: 1) RM reported that the foundations of a "Wildflower Club" were in place at SLOG. This program could easily be integrated into a larger Garden Club. 2) The concept of a "public/private partnership" was discussed. The Garden Club envisaged as being essentially a private volunteer group that would work in cooperation with the city and with private land holders. 3) RL indicated that the Recreation Department will cooperatively seek ways to help and nurture the Club. The SLOC building will available as a "Headquarters"for the Club and PM will serve as the staff laiscei to the Club. 4) RL indicated that the city cannot "sponsor" the Club financially. However, some funds are available from time to time for plant materials purchase and like items. The city will make public lands available for demonstration projects. The Club will need to generate same funding on its own. 5) BB suggested that the Garden Club should have a minimal dues fee ... perhaps in the range of $10 (adult or family) to encourage oamuttment and build a treasury. 6) It was noted that an early start this spring is essential. An organizational was designated for Monday, April 9 at Si .OG RM will arrange for a T page display notice foe the Spring Catalogue. The (bnmitte will need to consider other public notices. • • 7) "Charter" memberships will be available at this first meeting. 8) It was agreed that realistic goals and projects must be set. The city offer two projects sites this season: the gra'wildflowers and a new garden site at the corner of Round Lake Park (Valley View & County 4) for bedding annuals. 9) The Garden Club will also approach private land holders (corporations and neighborlaJul associations) to encourage their participation. 10) 'TLhh�CCluwill consider efirstfm etrn esuc3h issues as organization ./.;./ P/:,••••-•i: Z.-/4 y ci...,-,-- ei--r, .4-4......._ ( 1 ,I G ARTPA( c,, U 6 L ._____ !, * SHRUBS & FLOWERSBoALC EDEN PRAIRIE.% 1 * HOME GARDEN ADVICE. •• i...-0. * FLOWER GARDENS AT ) PARKS & BUILDING . i . * WIIDFILWER & PERENNIAL GARDEN FOR HCME & CITY. Would you like to be part of an exciting NEW kien Prairie program? Come to the first , • organizational meeting on: • MONDAY, APRIL 9 ... 7:00pm at the Staring Lake Outdoor Center • 13765 Staring Lake Parkway • Participation is open to adults, interested• older youth, and families. Here is a unique opportunity for you to MAKE A DIFFERENCE in - • place you live. Join us in this public/priva - partnership to make Eden Prairie a truly AaMit-U211,4aace•to..live.,==.7-------___"----=......... a INFORMATION: Call S.L.O.C. Cbordinator Rod MacRae 941-8336 I, There is no fee to attend this first meeting. The Garden Club may assess dues in the future • to support long-range projects. . ..........— , 1 „., . . 4,3-bir . 1 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Feb. 4, 1991 { -6- VI. OLD BUSINESS A. Update on Garden Club Lambert said that Rod MacRae had provided a summary of the January 14 meeting which was included in the packets. There will be one-fourth page in the spring catalog inviting interested residents to attend the April 9 meeting. The two initial projects for the club will be wildflowers and the garden site at Round Lake Park. Joyer added that the Historical and Cultural Commission might be interested in being involved in this program in order to beautify the historic sites in Eden Prairie. Baker suggested that not only the Historical and Cultural Commission, but also the Planning Commission and City Council, should be made aware of the program by giving a presentation to them at one of their meetings. VII. NEW BUSINESS A. Entry Monuments for Major Center Area Refer to memo dated January 25, 1991 from Don Uram, Planner. The Commission briefly reviewed the design options for entrance monuments to the major center area when discussing Cub Foods. After reviewing the options more closely, they agreed that the best design was the glass block using colored back lighting which could be changed. MOTION: Richard moved to recommend that the City Council pursue the back-lit glass block design with changeable lights. Vanderploeg seconded the motion and it passed 4-0. B. Staring Lake Amphitheater Storage Building Cross said that there is $17,000 in the budget to construct a storage building at Staring Lake. It was suggested that the building be constructed on the stage which would not only make it easier to store equipment, but also serve as a backdrop and sound barrier. Cross showed the Commission a model of the type of building . 3�9 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources 1744" DATE: January 30, 1991 SUBJECT: Discussion Regarding Consideration of Student Ad Hoc Members on the Parks, Recreation and Natural Resources Commission In a recent conversation with Jeanne Zetah, Community Education Director, I was asked if the City had ever considered appointing one or two high school age students to the Parks, Recreation and Natural Resources Commission. Jeanne indicated that they have appointed students to the Community Education Advisory Board and recently the School Board has appointed ad hoc student members as well. The original makeup of the Parks, Recreation and Natural Resources Commission did include a student member, in fact,a recent member on the Commission, Brian Mikkelson,served on the Commission as a student member while he was in high school. Eventually, this position was eliminated due to the lack of participation by the students. There are a number of reasons to consider a student ex-officio member to the Commission: I. The students obviously have an opportunity to gain some leadership experience and ,MO become aware of the local government process. 2. The City has the opportunity to receive direct input from young people regarding issues that impact parks, recreation and natural resources in the community. As an ex•officio member,a student would have the opportunity to participate in the Commission discussions on issues that are on the Commission agenda, and would have an opportunity to question proposals and to provide comments on issues that come before the Commission. These students would not be allowed to vote on any issues. They would be expected to talk to their fellow students about issues that are being reviewed by the Commission and bring forth questions and concerns, as well as a perspective on issues from a students'viewpoint. • The only concerns staff would have regarding such an appointment would be the same problem • that occurred in the past, which was the lack of participation by student members. At this point, City staff is simply bringing this idea to the Commission for their consideration and discussion. Commission members may or may not decide to make such a recommendation • to the City Council. If the Commission does decide to recommend such a position or positions, staff would recommend the following: r,, Student Ad Hoc Member January 30, 1991 Page 2 1. Students would apply for the position in the same fashion that Commission members apply, that being a letter expressing an interest to the City Council. City Councilmembers would interview all applicants and make an appointment for a two year term. 2. Staff would recommend two positions,so there is always one sophomore/junior and one junior/senior position. The appointments would be made in February with the term beginning on March 1 of an individual's sophomore year extending to March 1 of his or her senior year. 3. Participation expectations for students would be the same as for adult members. • student/11 • • • 391 • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. 8 NATURAL RESOURCES COMM. Feb. 4, 1991 -9- 3. Discussion Regarding Consideration of Student Ad Hoc Members on the Parks, Recreation and Natural Resources Commission Refer to memo dated January 30, 1991 from Bob Lambert Director of Parks, Recreation and Natural Resources. Lambert feels that students on the Commission should be treated like a regular Commission member except they would not be allowed to vote, and would not i affect the number needed for a quorum. MOTION: Joyer moved to recommend that two student ad hoc members be added to the Parks, Recreation and Natural Resources Commission for a term of one year beginning in either their sophomore or junior year. Karpinko seconded the motion and it passed 4-0. { 39,9, MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources DATE: February 12, 1991 SUBJECT: Review of Design for Amphitheater Storage Building The Historical and Cultural Commission,the Parks,Recreation,Natural Resources Commission, and the Performing Arts Committee have reviewed the preliminary design for the storage building at the Staring Lake Park Amphitheater and recommend Council approval of this new concept. The City Council authorized$17,000 in the 1991 budget for construction of the storage building to serve the Staring Lake Park Amphitheater. The original concept was to construct a storage building located several hundred feet east of the amphitheater to accommodate chairs, music stands and sound system for the amphitheater,as well as some minor maintenance equipment that would be used by the seasonal staff at that site. During discussions with representatives from the Performing Arts Committee,it was suggested that the City consider a design for placing the storage building on the stage and having it serve a duel purpose of a backdrop,as well as a storage facility. This would reduce the problems of • hauling all of the equipment several hundred feet to the stage and could serve as a backdrop and changing area for the stage presentations. Barb Cross,City Landscape Architect,has developed a concept design for the structure that has been approved by the Historical and Cultural Commission,the Performing Arts Committee and the Parks, Recreation and Natural Resources Commission. She is reviewing this plan with structural engineers from the Building Inspections Department,as well as with programming and maintenance staff. The parks, recreation and natural resources staff request Council approval of this concept design prior to proceeding with final design and bids. Staff proposes to initiate this project in mid-August after the Performing Arts Concert Series closes for the summer season. The estimated date for finishing this project would be mid- October. BL:mdd storage/6 3( E. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Feb. 4, 1991 B. Staring Lake Amphitheater Storage Building Cross said that there is $17,000 in the budget to construct a storage building at Staring Lake. It was suggested that the building be constructed on the stage which would not only make it easier to store equipment, but also serve as a backdrop and sound barrier. Cross showed the Commission a model of the type of building that is planned. She did not know what the cost of the building would be. Lambert said that construction of the building would not begin until the concert series is over in August and should be completed by October. MOTION: Vanderploeg moved to recommend the construction of a storage building at the Staring Lake Amphitheater incorporating the design recommended by staff. Joyer seconded the motion and it passed 4-0. • 394 MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources DATE: February 13, 1991 SUBJECT: Recommendation to Hire Adaptive Recreation Program Specialist In August of 1990, the City Council approved a 1991 request to hire an Adaptive Recreation Specialist, who would work three quarters time with adaptive recreation programs and one quarter time with a variety of youth recreation programs. In October of 1990, I recommended the City Council eliminate this position for the 1991 budget and to attempt to meet these needs by reassigning existing staff. At this time,I am again requesting the City Council authorize an additional $18,000 for 1991 to hire an Adaptive Recreation Specialist that would work approximately three quarters time with the adaptive recreation program and one quarter time assisting other recreational staff as needed. In October of 1990,I recommended that as of January 1, 1991 Sandy Werts be assigned to work 50%of her time with adaptive recreation and 50%of her time with seniors. This decision was based on the fact that there had been minimal growth in the adaptive recreation program from 1989 to 1990,and that perhaps a continued commitment of 20 staff hours per week toward that program would be sufficient to meet the needs of the individuals that program was serving. Since that decision was made, there has been some concern expressed by parents that the City of Eden Prairie should commit additional staff hours toward this program in order to encourage growth and expand services in this area. Sandy recently informed me that she may be required to take some extended periods of time away from work due to an illness,and we have discussed our mutual concern for meeting the needs of the adaptive recreation program. I am, therefore, recommending that we hire an Adaptive Recreation Program Specialist that will initially work with the adaptive recreation program on a three quarter time basis,with the remaining time assigned to assist other recreation • staff as needed. (This will alleviate some budgeted part-time staff.) When Sandy is able to assume a full work load, we will reevaluate work assignments. This will be a Level 6 staff position which should be able to be filled, if authorized on February 19th,by the second week in April. BL:mdd hire/6 S9S