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HomeMy WebLinkAboutCity Council - 03/05/1991 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 5, 1991 7:30 PM, 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 b Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL RESOLUTION NO. 91-50 PROCLAIMING MARCH 10 - 15 1991 AS GIRL SCOUT WEEK Page 396 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council Meeting held Tuesday, February 19, 1991 Page 397 III. CONSENT CALENDAR A. Clerk's License List Page 4D7 B. KMSP CORPORATE HEADQUARTERS by Kraus Anderson Company. 2nd Page 408 Reading of Ordinance No. 4-91-PUD-1-91, 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; Approval of Developer's Agreement; Adoption of Resolution No. 91-49, Authorizing Summary of Ordinance No. 4-91-PUD-1-91 and Ordering Publication; Adoption of Resolution No. 91-33, Site Plan Review on 5.63 acres; 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 (Ordinance No. 4-91-PUD-1-91 - Zoning District Change; Resolution No. 91-49 - Authorizing Summary and Publication; Resolution No. 91-33 - Site Plan Review) C. Final Plat Approval of KMSP Plaza (located at the N.W. Corner Page 419 of Prairie Center Drive and Viking Drive) Reso Ution No. 91-45 D. Receive Feasibility Study for Sunrise Circle Street and Utility Page 422 Improvements, T.C. 52-205 Tkisolution No. 91-46 — E. Approve Joint Powers Agreement for Consultant Engineering Page 423 Services for the Widening of T.H.. 5 from CSAH 11 to TH 41 in Carver County F. Approve Plans for Valley View Road Extension and Authorize Page 448 Advertisement for Bids, I7752-221 (Resolution No. 91-48) City Council Agenda March 5, 1991 Page Two G. Approval of Playground Bids for Rustic Hills Park, Carmel Park, Page 449 Eden Lake School/Parr and Red Rock Lake Park 3 H. Resolution No. 91-51 Giving Preliminary Approval to the Issuance Page 455 of Multifamily Housing Revenue Bonds for the Tanager Creek Apartments Project I. Receive Petition and Order Feasibility Study for Leona Road Storm Page 457 Sewer Improvements, I.C. 52-218 (Resolution No. 91-47) J. Request from the Chamber of Commerce for the Assistance with Page 459 Payment for Business Survey IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications, Page 461 I.C. 52-160 (Street and Utility Improvements on Dell Road between T.H. 5 and CSAH 1 and Scenic Heights Road between CSAV4and Dell Road (Resolution No. 9I-40) Continued from Februarys, 99 B. WELTER'S PURGATORY ACRES 6TH ADDITION. Request of Peter Andrea Page 462 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) Continued from February 19, 1991 f C. OUTSIDE STORAGE AND DISPLAY by City of Eden Prairie. Request for Page 490 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) Continued from February 19, 1991 V. PAYMENT OF CLAIMS Page 495 VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation of Revised Flying Cloud Airport Noise Abatement Plan Page 496 (Continued from February 19, 191— VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS2 & COMMITTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers B. Report of City Manager XI. OTHER BUSINESS XII. ADJOURNMENT RESOLUTION NO. 91 - 50 CITY OF EDEN PRAIRIE RESOLUTION PROCLAIMING MARCH 10 - 16, 1991 AS "GIRL SCOUT WEEK" WHEREAS, Girl Scouts of the United States of America recognizes that today's girls will be tomorrow's leaders; and WHEREAS, Girl Scouts of the United States of America is the largest voluntary organization for girls in the world and draws upon a large resource of positive adult role models; and WHEREAS, the Girl Scout movement continues to emphasize leadership and personal and career development for girls; and WHEREAS, our community and world will be the direct beneficiaries of the skilled young women who are Girl Scouts; NOW, THEREFORE, I, Douglas B. Tenpas, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim March 10 through 16, 1991 to be GIRL SCOUT WEEK in the City of Eden Prairie, Minnesota. ADOPTED by the Eden Prairie City Council on this 5th day of March in the year of 1991. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. Douglas B. Tenpas, Mayor ATTEST: John Frane, City Clerk 1 EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TIME: 7:30 PM Tuesday, February 19, 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 Present: Douglas Tenpas, Richard Anderson, H. Martin Jessen, Patricia Pidcock. Absent: Jean Harris. I. APPROVAL. OF AGENDA AND OTHER ITEMS OF BUSINESS Jessen moved, seconded by Anderson, to approve the agenda. Jullie said that because it had been anticipated that only three councilmembers would be present, the proponents involved in Items A, B, and D under IV. Public Hearings had been advised that these items would be continued. He recommended the following: Item IV.A., Welter's Purgatory Acres 6th Addition, be continued to March 5; Item IV.B, Cub Foods, he continued to March 19; and Item IV.D, Outside Storage and Display, be continued to March 5, 1991. Jullie also said because Councilmember Anderson was not expected to be present, the Metropolitan Airports Commission had been advised that Item VIII.A. Presentation of Revised Flying Cloud Airport Noise Abatement Plan, would be continued to March 5, 1991. Tenpas said that Item IX. Appointments, A-H, would be continued until the February 26, 1991 special meeting of the Council. Pidcock requested the addition of one item under X.A. Councilmembers Reports: (1) Criteria for Selection of Commission Members. MOTION Motion to approve the agenda as amended carried 4-0. $r) City Council Minutes 2 February 19, 1991 II. MINUTES A. City Council Meeting held Tuesday, February 5, 1991 MOTION Pidcock moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, February 5, 1991. Jessen noted the following corrections: On Page 2 of the minutes, third paragraph under IV. Public Hearings, the first line should read "Dietz summarized the new plan for the new road....": On Page 5 of the minutes, second paragraph from the bottom, line two, the sentence should read "Enger also said that 1.2 acres on the site was an outlot which was being zoned for commercial .... On Page 6 of the minutes, third paragraph, sixth line should read "manager for the proponent, said the purpose for the letter was that .. . On Page 9, under the first motion, the sentence should read "Pidcock moved to close the public hearing and accept the recommendation of the Planning Commission not to approve....". On Page 10, second paragraph from the bottom, The third line should read "requested an opportunity for the Council to take more . Minutes approved as amended 4-0. III. CONSENT CALENDAR A. Clerk's License List B. Resolution Relating to Local Government Information System (LOGIS): Approving An Amendment to the Joint and Cooperative Agreement (Resolution No. 91-12) C. Approve Settlement of Special Assessment Appeal for PID 14-116-22- 43, 0010, Levy No. I164A, Franlo Road Street & Utility Improvements, I.C. 52-132 D. Final Plat Approval of R.G. Read Addition (located at the N.E. Quadrant of Martin Drive and Corporate Wad Resolution No. 91-43 E. Receive Feasibility Study for Staring Lane Street & Utility Improvements,_LC._52-203 (Resolution No. 91-38) F. Request for Revision to Park Use Ordinance regarding Household Garbage being-Dumped in Park Receptacles G. Request from Camp Edenwood regarding Community Center Fees H. Agreement with Hennepin County for Recycling Assistance Funds City Council Minutes 3 February 19, 1991 MOTION Pidcock moved, seconded by Anderson, to approve the Consent Calendar. Motion approved 4-0. IV. PUBLIC HEARINGS A. WELTER'S PURGATORY ACRES 6TH ADDITION. Request of Peter Andrea 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 No. 91-42) MOTION Jessen moved, seconded by Pidcock, to continue this item to March 5, 1991. Motion approved 4-0. B. CUB FOODS. Request of Super Valu Stores, Inc. for Zoning District 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 acres into 1 lot, 1 outlot and road right-of-way for construction of a 73,000 square-foot building to be known ss Cub Foods. (Ordinance No. 6-91 - Rezoning; Resolution No. 91-39 - Preliminary Plat) MOTION Jessen moved, seconded by Pidcock, to continue this item to March 19, 1991. Motion approved 4-0. C. Vacation 91-03 Leona Addition and Leona 2nd Addition Drainage and Utility Easements (Resolution No. 91-44) Jullie said notice for this public hearing was sent to the affected property owners and published in the February 7, 1991 issue of the Eden Prairie News. He explained that these were easements no longer needed by the City and therefore no longer serving a public interest. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and adopt Resolution No. 91-44. Seconded by Anderson. Motion approved 4-0. City Council Minutes 4 February 19, 1991 D. OUTSIDE STORAGE AND DISPLAY by City of Eden Prairie. Request for amendment to City Code Chapter 11, Section 11.03, Subdivision 3.J.I 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) MOTION Jessen moved, seconded by Pidcock, that this item be continued to March 5, 1991. Motion approved 4-0, V. PAYMENT OF CLAIMS MOTION Pidcock moved, seconded by Anderson, to approve payment of claims. Payment of claims approved with Jessen, Pidcock, Anderson and Tenpas all voting "AYE". VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation of Revised Flying Cloud Airport Noise Abatement Plan (Continued from February 5, 1991) B. Petition for Hikeway/Bikeway Trail Along CSAII #1 from Spoon Rime to Bennett Place Jullie said the residents of the Spoon Ridge neighborhood had petitioned for a trail. The request had been evaluated with the criteria the City had for ranking the priorities on construction of trails, and a determination had been made that this request would be ranked Number Two for all the trails identified within the City. The Parks, Recreation and Natural Resources Commission had recommended that the proposal be included in the 1992 budget process. No money had been appropriated for the trail in the 1991 budget. Estimated cost was between $20,000 and $47,000 depending on right-of-way acquisition needs and impact on the golf course property. He recommended that the Council consider this request for the 1992 budget. Pidcock and Jessen said they believed a trail was necessary in this location. y00 !t City Council Minutes 5 February 19, 1991 { Ted Orindal, 9517 Bennett Place, said that because of the many homes built in the adjacent area creating additional traffic in the area, he believed the trail was necessary for the safety of the residents living in this neighborhood. It also would provide better access to the parks. MOTION Jessen moved to direct staff to investigate plans and land acquisition in this area and to include the cost of the construction of the trail in the proposed 1992 budget. Seconded by Anderson. Motion approved 4-0. VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES A. Public Discussion of Recommendation of City Hall Site Selection Subcommittee Jullie said that the report from the subcommittee presented at the February 5, 1991 Council meeting recommended that the Purgatory Creek Park site be considered. As part of that recommendation the City Manager was authorized to receive consultant services for site planning and soil testing in order to determine what, if any, additional acreage would be needed on the site. He said soil conditions were an important concern for the location of the building as well as to determine the fair market value of additional property which would be purchased. Julie said he had received a proposal from Welsh Construction, who would be working with Braun Engineering, a soils expert. Welsh Construction would do extensive research on what the additional costs might be if the City were to locate on the site. It would also recommend site alternatives and weigh these alternatives against additional land acquisition. Jullie recommended that this information be pursued at a cost not to exceed $6,000. Tenpas said the study was recommended to determine the economics for the City on how much land it should acquire. He said this information was critical to the final recommendation for a site for City Hall. He said Welsh had done previous studies on the site, and therefore the information was available from them without the need for separate tests. MOTION Jessen moved, seconded by Pidcock, to approve the recommendation of the City Hall Site Selection Subcommittee to contract with Welsh Construction for the purchase of the analysis of the soil conditions on the recommended City Hall site at a cost not to exceed $6,000. Motion approved 4-0. L/O1 City Council Minutes 6 February 19, 1991 Ray Dudycha, 6602 Shady Oak Road, said he believed that a better location could he chosen for City Hall as the property under consideration was swamp land. He was concerned that piling for a building built on this site would be $20.00 per foot. He believed this was not a good location for the new City Hall. MOTION Jessen moved that this item be continued to the March 19, 1991 meeting for further consideration when the information from Welsh Construction would be available. Seconded by Pidcock. Motion approved 4-0. B. Report of Parks. Recreation & Natural Resources Commission Community Garden Club Jullie introduced Bud Baker, chair of the Parks, Recreation and Natural Resources Commission, who addressed the Council on plans for a Community Garden Club and a City beautification program. Baker said it. had been decided to form a volunteer Garden Club to accomplish beautification projects in an orderly manner with City approval. He said the first organizational meeting was planned for April 9, 1991 at the Outdoor Center. Publicity would be given about the meeting. Other similar organizations would be contacted for their cooperation and participation in this effort. He said he would like the club to include people of all ages. Fund raisers had been discussed and it was envisioned as a self-sustaining endeavor, but perhaps the City would be asked for some funds the first year. Anderson suggested that prizes during the Fourth of July celebration he considered for the beautification projects. The Council expressed approval for the plan and commended the committee for its work to date. IX. APPOINTMENTS A. Board of Appeals. & Adjustments (3 three-year terms commencing March 1, 1991) B. Building Code Board of Appeals (2 three-year terms commencing March 1, 1991) 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 March 1, 1991) y0), • City Council Minutes 7 February 19, 1991 F. Parks, Recreation & Natural Resources Commission (3 Positions: 1 one-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 1. Criteria for Selection of Commission Members Pidcock suggested forming a committee consisting of candidates for various commissions within the City who would review and make suggestions for criteria which the Council could use in selc,:ting future candidates for commissions. Jessen said he believed this would be a good topic for Council discussion in a work session for consideration next year. Tenpas said his main concern would be that there be balance on the committees; for example people who had lived in the City many ( years and people who were relatively new to the area. B. Report of City Manager C. Report of Director of Parks, Recreation & Natural Resources I. Recommend Student Non- oting Members on the Parks, Recreation & Natural Resources Commission Lambert recommended that students be considered on this Commission again but as non-voting members. Previous experience had shown that when students were voting members, many did not attend meetings which had resulted in the lack of a quorum many times. By being non-voting members on the Commission, the students would contribute and gain experience by serving on a Commission without the negative impact of not having a quorum present, particularly in the summer months. He suggested high school sophomores or juniors be chosen for one-year terms running from March to March. Anderson said he was in favor of the recommendation. However, • he would like to see recommendations from several teachers and a • principal. He suggested the students should also be given community service credit for their work on the Commission. 1U3 City Council Minutes 8 February 19, 1991 Pidcock asked who would be eligible. Lambert said any Eden Prairie resident who was a student. Each school would be contacted for recommendations. A letter would be submitted and an interview process done just as was done for other commissions within the City. Pidcock suggested advertising the positions in the City newsletter. Jessen suggested students could serve on other commissions as well in order to give students perspective and build awareness and interest in City government. Tenpas agreed and suggested a Council member work with the student to give him or her background on City government. Lambert asked if it would be necessary to change the ordinance so that non-voting members could serve on the various commissions. Pauly said it was not necessary to change a law and that the change could be done by an informal resolution. Anderson suggested that there be an evaluation of the program after one or two years. Jessen said he saw three elements to the success of the program: (1) Find students who had an interest in serving; (2) Give them proper guidance and leadership; (3) Make certain the schools give them some recognition for their service. MOTION Anderson moved, seconded by Pidcock, that staff recommend a procedure and criteria for implementing student participation on the various Commissions within the City. Motion approved 4-0. 2. Review of Design for Amphitheater Storage Budding Lambert reviewed plans for the Amphitheater Storage Building at • Staring Lake Park. He said the original thought had been to build a garage-type building 200-300 feet from the amphitheater to provide storage for equipment needed for the stage and the • area. He said the staff landscape architect had presented a plan for the storage building on the stage and he showed the Council a model of the plan. He said it would probably cost somewhat more than the budgeted $17,000, but would provide many benefits such as better appearance of the stage as well as a storage area that was closer to where the equipment was needed. The loss of view of the lake would be fairly minimal with the plan as presented. • The building would be about 900 square feet. Lambert requested approval of the concept from the Council before proceeding with further plans. He said the plan was to begin construction in mid- August, with completion approximately October 1, 1991. 4o4 City Council Minutes 9 February 19, 1991 Anderson said he found it difficult to budget more money for a this project when there was not enough money in the budget for a trail system in 1991. Tenpas and Pidcock agreed that they liked the concept but were concerned about the extra money involved. Pidcock suggested that some students from the Hennepin Technical College could do some of the work. Jessen suggested that it was possible that some civic organizations would become involved in the project. MOTION Jessen moved, seconded by Pidcock, prepare a cost estimate on building the storage facility as presented. Motion approved 4-0. 3. Recommendation to Hire an Adaptive Recreation Specialist Lambert reviewed the recommendation for hiring an Adaptive Recreation Program Specialist. He said that the staff person assigned to this project had not been able to serve in this capacity because of illness. Therefore, he recommended hiring a specialist to work three-quarter time with adaptive recreation programming and one-quarter time with other staff. $18,000 in new funding would be required with the remainder of the money coming from funds budgeted for seasonal staff. He said this position was a Level 6 which would be $27,000 a year plus benefits. Lambert said that in 1989 there were 66 participants of all ages in the program from Eden Prairie. The City had been in a cooperative program with Bloomington, Edina, and Richfield, and up until this year, Edina and Eden Prairie had shared a staff person for this position who was hired by Richfield. To extend the program to 1991 would cost $41,500 to get 50% of a person for this position. For $37,000 the City could hire a full-time person. Lambert said he believed more people would be involved in the program if the City had a full-time person in the position. Some of the programs would still be shared with Bloomington, Edina, and Richfield. Tenpas said he believed that the City had an obligation to provide recreational services for people with special needs, even though the cost per capita was higher than other recreational services. Because of the situation with the present staff person, he said he would favor staff's recommendation to hire an Adaptive Recreation Specialist. Anderson asked if the program was mandated. Lambert said the law stated that equal access and services be provided to all people in the community. He believed this was the only way to provide these services for people with special needs. Anderson said he was concerned that there was no duplication with what City Council Minutes 10 February 19, 1991 the public schools were providing. Lambert assured him that the City's programs would not duplicate the school programs. Jessen said he would favor hiring a certified person for this position and believed that cost for the cooperative program with Bloomington, Edina, and Richfield was excessively high. MOTION Anderson moved, seconded by Jessen, to hire the Adaptive Recreation Specialist. Anderson said he would like to investigate the possibility of cooperating with the Eden Prairie public school district on some of the programs for people with special needs to be sure there was no duplication of effort. Jessen requested a report from staff that would state how many persons had used these services in the past and how many would use the services after the Recreation Specialist had been in place for a period of time. Motion approved 4-0. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Amderson moved, seconded by Pidcock, to adjourn and 9:45 PM. Motion approved 4-0. • L/06 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 5, 1991 CONTRACTOR (MULTI-FAMILY & COMM.) GAS FITTER Arbuckle Construction, Inc. Boedeker Plumbing & Heating Bendzick Builders Climate Engineering Company Kohlenberger Construction Co. J & H Gas Services M.A. Mortenson Company Larson Mechanical Stiglich Construction, Inc. Larson Plumbing, Inc. Trumpy Homes, Inc. Metro Brothers Heating & Air Conditioning CONTRACTOR (1 & 2 FAMILY) Northland Mechanical Contractors, Inc. Southtown Plumbing, Inc. John T. Anderson Custom Homes, Inc. Spartan Mechanical, Inc. Cedarcraft Construction Superior Contractors, Inc. Hestia Homes, Inc. HEATING & VENTILATING John Klingelhutz Company Jon Rohs Construction Boedeker Plumbing & Heating David A. Williams Realty & Const. Climate Engineering Company PLUMBER Larson Mechanical Metro Bothers Heating & Air Conditioning Northland Mechanical Contractors, Inc.Boedeker Plumbing & Heating Grath Sewer & Water Superior Contractors, Inc. Larson Plumbing, Inc. UTILITY INSTALLER Northland Mechanical Contractors Olberg Construction United Water & Sewer Company Pride Plumbing Services Ridgedale Plumbers TYPE C FOOD Riven Plumbing Steve Schmit Plumbing ACA Management (Amoco) Southtown Plumbing, Inc. Eden Prairie 66 Spartan Mechanical, Inc. Superamerica #4159 Stant Plumbing & Heating Superamerica # 4269 Star Plumbing & Excavating Tom Thumb #269 Voss Plumbing & Heating of MN., Inc. Tom Thumb # 275 Zachman Plumbing WATER SOFTENER CIGARETTE Clear Soft Water Conditionin ACA Management (Amoco) 9 Eden Prairie 66 These licenses have been approved by the department heads responsible for the licensed activity. Pat So ie Licensing yo7 KMSP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.4-91-PUD-I-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVLNG CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the C-Reg District and be placed in the Planned Unit Development 1-91-C-Reg-Ser District(hereinafter"PUD 1-91-C-Reg-Ser). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 5, 1991,entered into between United Television, Inc.,a Delaware corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain supplement to the Developer's Agreement,dated as of March 5, 1991,entered into between United Television, Inc.,a Delaware corporation and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 1-91-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 1-91-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 1-91-C-Reg-Ser is designed in such a manner to form a desirable and unified environment within its own boundaries. • C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD 1-91-C-Reg-Ser are justified by the design of the development described therein. D. PUD 1-91-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing,and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development 1-91-C-Reg-Ser District,and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled"Violation a Misdemeanor"are hereby adopted in their entirety by reference,as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of February, 1991,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of March, 1991. ATTEST: John D. Frane,City Clerk Douglas B.Tenpas, Mayor ( PUBLISHED in the Eden Prairie News on the day of , 1991. 409 EXHIBIT A P.U.D. CONCEPT AMENDMENT Outlots C, D, E: GOLDEN STRIP Lot I, Block 2,Lot 1, Block 3;GOLDEN STRIP 2ND ADDITION Lot I, Block 1, Lot I, Block 2,Lot I, Block 3,Outlots A, B,C,D; GOLDEN STRIP EAST Lot 1, Block I, Outlot A; CROSSROADS CENTER Lots 1,2, 3, Block I; VIKING DRIVE WEST All in Hennepin County, Minnesota P.U.D.DISTRICT REVIEW.ZONING DISTRICT AMENDMENT.SITE PLAN REVIEW All that part of OUTLOT A, CROSSROADS CENTER, according to the recorded plat thereof, Hennepin County, Minnesota, which lies southeasterly and southerly of the following described line and its extensions: Beginning at the most westerly corner of said OUTLOT A, also being the most southerly corner of LOT 1, BLOCK 1, said CROSSROADS CENTER; thence on an assumed bearing North 58 degrees 17 minutes 52 seconds East, along the southeasterly line of said LOT 1 for 199.84 feet to an angle point in said southeasterly line; thence North 61 degrees 22 minutes 22 seconds East, along said southeasterly line and its northeasterly extension for 482.14 feet; thence northeasterly, easterly and southeasterly for 81.24 feet along a tangential curve concave to the south, radius 105.00 feet and central angle 44 degrees 19 minutes 47 seconds; thence South 74 degrees 17 minutes 51 seconds East along tangent to said curve for 20.85 feet to the easterly line of OUTLOT A and there terminating. • PRELIMINARY PLAT Outlot A;CROSSROADS CENTER KMSP DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of February 19, 1991, by UNITED TELEVISION, INC.,a Delaware corporation, hereinafter referred to as"Developer,"and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as"City:" WITNESSETII: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment to the • overall Southwest Crossing Planned Unit Development on 109.68 acres, Planned Unit Development District Review, with waivers, with underlying Zoning District Change from Commercial Regional to Commercial Regional Service, Preliminary Plat and Site Plan Review, all on 5.63 acres, for construction of a television studio and office, all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, • attached hereto and made a part hereof,and said acreage hereinafter referred to as"the Property;" NOW,THEREFORE, in consideration of the City adopting Ordinance 114-91-PUD-1-91, Developer covenants and agrees to construction upon,development,and maintenance of said Property as follows: I. Developer acknowledges that as part of the overall Southwest Crossing Planned Unit Development Concept, development and construction upon the Property is also subject to the applicable terms and conditions of the Southwest Crossing Master Agreement, dated July 10, 1984,which contains requirements regarding development of the 109.68-acre Southwest Crossing Planned Unit Development, including a Design Framework Manual for all said 109.68 acres. 2. In addition to the above conditions of the Southwest Crossing Master Agreement,Developer shall • • develop the Property in conformance with the materials revised and dated January 31, 1991, reviewed and approved by the City Council on February 5, 1991,and attached hereto as Exhibit • B, subject to such changes and modifications as provided herein. 3. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C,attached hereto and made a part hereof. 4. Concurrent with,and as part of the final plat for the Property,Developer agrees to submit to the City,and to obtain the City's approval of cross-access easements for common driveway access to Prairie Center Drive to be utilized by Lot 1 and the Outlot,both as depicted in Exhibit B, attached hereto, and by the Crossroads Retail Center,adjacent to the Property. Upon approval by the City, Developer agrees to file said easements at Hennepin County and to • provide proof of filing to the City prior to issuance by City of any permit for land alteration, grading, or building. 5. Prior to release by the City of any final plat for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for sanitary sewer, water, interim irrigation systems, storm sewer,and erosion control for the Property. Upon approval by the City Engineer,Developer shall construct,or cause to be constructed,those improvements listed above in said plans,as approved by the City Engineer, in accordance with Exhibit C,attached hereto. 6. Prior to any construction or development on the Property,Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. 7. Developer has submitted to the City and obtained the City's approval of detailed plans for a five- foot wide concrete sidewalk connection from the main entry of the structure to the eight-foot wide bituminous trail located along Viking Drive, as depicted in Exhibit B,attached hereto. Developer agrees that,prior to release by City of any certificate of occupancy for the Property, Developer shall construct, or cause to be constructed, said sidewalk, in accordance with the terms and conditions of Exhibit C,attached hereto. • 8. Prior to release by City of any building permit for the Property,Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of the following: A. A final signage plan for the Property,prepared in accordance with the Design Framework Manual for the Southwest Crossing Planned Unit Development Master Agreement,which depicts the location,size,style,color,material,lighting details,and all other information relating to signs to be located on the structure or on the Property. B. A final lighting plan for the Property,prepared in accordance with the Design Framework Manual for the Southwest Crossing Planned Unit Development Master Agreement,which depicts the location, size,height,style,color,and materials details for all lighting to be located on the structure or on the Property. Said lighting plan shall depict a maximum height of thirty(30) feet for all lighting standards and shall depict the use of downcast, cutoff shoebox luminars. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented,such final signage plan and lighting plan,as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C,attached hereto. 9. Developer has submitted to the City,and obtained City's approval of a plan for exterior materials to be implemented on the structure on the Property,including samples of types,colors,textures, and locations for all such materials. If Developer changes any of said materials, Developer acknowledges that any such change must be compatible with the requirements of the Design Framcwork Manual of the Southwest Crossing Planned Unit Development Master Agreement and that Developer will be required to return to the City for review and action on such material changc(s). 10. Developer has submitted to City, and obtained City's approval of a plan for screening of mechanical equipment on the Property. Security to guarantee said screening shall be included • '1,1, with that provided for landscaping on the property,per City Code requirements. ( If,after completion of construction of said mechanical equipment screening, it is determined by City, in its sole discretion, that the constructed screening does not meet the Code requirements to screen said equipment from public streets and differing, adjacent land uses, then City shall notify Developer and Developer shall take corrective action to revise the mechanical equipment screening in order to meet Code requirements. Developer acknowledges that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 11. Developer and City acknowledge that,of the 162 parking spaces required for Phase I,only 149 will be constructed at this time. The remaining thirteen(13)parking spaces are proof of parking spaces proposed for the Property,as depicted in Exhibit B,attached hereto. Developer and City further acknowledge that said proof of parking spaces are not required to be constructed at this time. However, said proof of parking spaces may be required to be constructed in the future, if it is determined by City, in its sole discretion, that it is necessary. At such time as City, in its sole discretion, may determine that it is necessary for all, or a portion of,said thirteen(13)proof of parking spaces to be constructed,the following shall occur: A. City shall notify Developer in writing of the need to construct all,or a portion of,said thirteen(13)proof of parking spaces. B. Within six(6) months of receipt of written notice from City,Developer agrees to have completed construction of all,or a portion of,said thirteen(13)proof of parking spaces, as determined by City,in the location as depicted in Exhibit B,attached hereto. • 12. Developer and City acknowledge that Phase II construction will require an additional 68 parking spaces to be constructed, for a total of 237 parking spaces for Phases I and II combined. • However,Exhibit B,attached hereto as provided by Developer,indicates only 226 spaces,eleven (11)less than required by City Code. • Developer agrees, therefore, that, prior to any construction for Phase II of the Property, Developer will return to the City for review and action on the following: A. An application for a variance to allow for construction of less than the 237 parking spaces required by City Code;and/or, B. An application for revision to the site plan to reduce the size of the structure in order to meet City Code requirements. • 13. City hereby grants the following waivers to City Code requirements within the Commercial Regional Service District through the Planned Unit Development District Review for the Property and incorporates a waiver to allow a tower height of 120 feet as part of PUD 1-91, subject to the following conditions: �I13 A. Only one tower is permitted on the Property. B. No more than four(4)microwave dishes will be attached to the tower. Said microwave dishes shall only be allowed in the locations depicted in Exhibit B,attached hereto.The microwave dish located at the highest elevation shall be no more than eight feet,two and one-half inches(8'2W')in diameter and the remaining three microwave dishes shall be no greater six feet, two and one-half inches(6' 21")in diameter. C. No signs, or flags,will be attached to the tower. D. The tower will not be lighted. E. The exterior material of the tower will be metal,painted off-white in color,to match the metal panel on the structure on the Property. F. City review is required for any deviation to the tower design from the plans depicted in Exhibit B,attached hereto. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as ( of the day and year aforesaid. CITY OF EDEN PRAIRIE Douglas B. Tenpas, Mayor Carl J.Jullie,City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ,1991,by Douglas B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. Notary Public UNITED TELEVISION,INC. By Its STATE OF MINNESOTA ) )ss. COUNTY OF IIENNEPIN) The foregoing instrument was acknowledged before me this day of , 1991, by , the of UNITED TELEVISION, INC., a Delaware corporation, on behalf of the corporation. Notary Public KMSP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.91-49 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 4-9I-PUD-1-91 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 4-91-PUD-1-91 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of March, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No.4-91-PUD-1-91,which is attached hereto,is approved,and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil or six-point type,as defined in Minn.State.sec.331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 4-91-PUD-1-91 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein,within 20 days • after said publication. ADOPTED by the City Council on the 5th day of March, 1991. • Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk yl(i KMSP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.4-91-PUD-1-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING TIIE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF TIIE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: summary: This Ordinance allows rezoning of land located in the Northwest Quadrant of Viking Drive and Prairie Center Drive from the C-Reg District to the PUD-1-91-C-Reg-Sery District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: John D. Frane,City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the_day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) ,: :•x,• - - _ ,.__,;tea.. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION#91-33 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR KMSP FOR KIVISP CORPORATE HEADQUARTERS WHEREAS,KMSP has applied for site plan approval of KMSP Corporate Headquarters on 5.63 acres for construction of a 47,700 square foot building to be known as KMSP TV, Channel 9 on property located in the northwest quadrant of Viking Drive and Prairie Center Drive zoned C-Reg-Ser District by Ordinance#4-91-PUD-1-91 adopted by the City Council on March 5, 1991; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 14, 1991 Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its February 5, 1991 meeting; NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to KMSP for KMSP Corporate Headquarters for construction of a 47,700 square foot building,based on plans dated March 1, 1991, subject to the terms and conditions of that certain Developer's Agreement between United Television, Inc. a Delaware corporation and the City of Eden Prairie, dated March 5, 1991, for said construction. ADOPTED by the City Council on March 5, 1991. Douglas B.Tenpas, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-45 A RESOLUTION APPROVING FINAL PLAT OF K.M.S.P.PLAZA WHEREAS, the plat of K.M.S.P.Plaza 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 K.M.S.P.Plaza is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 25, 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 March 5, 1991. Douglas B.Tenpas, Mayor ATTEST: SEAL John D. Frane,Clerk 1 MEMORANDUM TO: Mayor and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson,Engineering Technician • 1� DATE: February 28, 1991 V SUBJECT: Final Plat of K.M.S.P.Plaza PROPOSAL: K.M.S.P. has requested City Council approval of the final plat of K.M.S.P. Plaza, a two-lot commercial subdivision located at the northwest quadrant of Viking Drive and Prairie Center Drive. The plat contains 7.2 acres to be divided into two lots. Lot 1 contains 5.63 acres and is the proposed site for the construction of the K.M.S.P. Broadcast Center. Outlot A contains 1.57 acres, and will be reserved for future development. HISTORY: The preliminary plat was approved by the City Council January 8, 1991 per Resolution No. 91-32. Second reading of Ordinance No. 4-91-PUD-1-91,changing zoning from Commercial Regional to Commercial Regional Service, and Planned Unit Development District Review, is scheduled for final approval at the City Council meeting March 5, 1991. The developer's agreement referred to within this report is scheduled for execution March 5, 1991. VARIANCES: All variances not originally granted with the PUD District Review must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways, and walkways necessary to serve this project are currently in place and available for use. As described in the developer's agreement,the developer shall provide the City with cross-access easements for the common driveway access to Prairie Center Drive. Additionally,these easement documents should address the ownership and maintenance of a sanitary sewer service that crosses the northwest corner of this site and serves the Crossroads Retail Center to the north. { Final Plat for K.M.S.P. February 27, 1991 Page 2 of 2 PARK DEDICATION: The requirements of park dedication are covered in the developer's agreement. RECOMMENDATION: Recommend approval of the final plat of K.M.S.P.Plaza subject to the requirements of this report, the developer's agreement,and the following: 1. Receipt of street lighting fee for Lot 1, Block 1 in the amount of$1,404. (Outlot A to be charged at time of development). 2. Receipt of engineering fee in the amount of$720. 3. Receipt of cross-access easements for common driveway and sanitary sewer easement. JJ:ssa Res.No.91-45 cc: Stu Schwartz, K.M.S.P. Ed Chanin, Maslon Law Firm Keith Dahl, BRW,Inc. 1 4;1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 91-46 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS,a report has been given by the City Engineer,through R.C.M.,Inc.recommending the following improvements to wit: I.C. 52-205-Sunrise Cicle Street and Utility Improvements NOW,THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: I. 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 the April 2, 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 March 5, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk 02‘ -MEMORANDUM - TO: Mayor Tenpas and City Councilmembers THROUGH: Carl Jullie, City Manager FROM: Alan D. Gray, P.E., City Engineer DATE: February 28, 1991 SUBJECT: Joint Powers Agreement for T.H. 5 Design Attached to this memo is Agreement Number 67724,a Joint Powers Agreement between Eden Prairie, Chanhassen, Chaska, Carver County, Hennepin County and MnDOT. In accordance with this Joint Powers Agreement, the City of Chanhassen will contract with Barton Aschman Associates, Inc. for the final design of Trunk Highway 5 improvements from CSAH 17 westerly to T.H.41 in Carver County. The design fee is estimated as $287,000. The budget includes a $50,000 discretionary contingency fund provided by MnDOT. Eden Prairie's share is $10,000. The details regarding cost sharing are found on Page 13 of the proposed agreement. This agreement is similar to that utilized for the design of T.H.5 improvements through Eden Prairie and Chanhassen from CSAH 4 westerly to CSAH 17. Eden Prairie,Chanhassen,Chaska,Carver County,Hennepin County and MnDOT also shared the design cost for that segment of T.H. 5. The widening of T.H. 5 from CSAH 17 to T.H. 41 in Carver County will enhance P.M. traffic flow westerly on T.H. 5 through Eden Prairie. Staff recommends approval of the Joint Powers Agreement designating$10,000 of City funds for the design of these improvements ADG:ssa • • �23 CONSULTANT ENGINEERING AGREEMENT NO. 67724 SERVICES MINNESOTA DEPARTMENT OF TRANSPORTATION JOINT POWERS AGREEMENT FOR CONSULTANT ENGINEERING SERVICES S.P. 1002 (TH 5) Mn/DOT $ 287,000.00 Local $ 50,000.00 Total Contract $ 337,000.00 Agreement by and between The State of Minnesota, Department of Transportation, the County of Carver, the County of Hennepin, the City of Eden Prairie, the City of Chanhassen, and the City of Chaska. RE: Engineering Services for T.H. 5 from C.S.A.H. 17 To T.H. 41 In Chanhassen I'a� INDEX PAGE Parties to the Agreement 4 Explanation or Justification 4 Section 1.0 - Extent and Character of the Work 5 Section 2.0 - Services to be Provided by the City 5 Section 3.0 - Laws, Regulations, Guidelines and Standards - Form of Plans 8 Section 4.0 - Services and Data to be Furnished to the City by the State 11 Section 5.0 - Time Schedule 12 Section 6.0 - Payment to the City 12 Section 7.0 - Termination Dispute and Submittal of Contract Documents 15 Section 8.0 - Compliance with Laws 16 Section 9.0 - Registration 16 Section 10.0 - Conference 16 Section 11.0 - Inspection 17 Section 12.0 - Subletting 17 Section 13.0 - Claims 17 Section 14.0 - Contingent Fee 18 Section 15.0 - Nondiscrimination 19 Section 16.0 - Furnishing of Information to the State 19 Section 17.0 - Maintenance of Documents and Records 19 Section 18.0 - Use of Designs and Reports 20 Section 19.0 - Accuracy of Work 20 2 �aS INDEX CONTINUED PAGE Section 20.0 - Approvals 20 Signatures 21 thru 23 3 (° This Agreement is made and entered into by and between the State of iinnesota, Department of Transportation, hereinafter referred to as the "State" or "MnDOT", the County of Carver, hereinafter referred to as "Carver County", the County of Hennepin, hereinafter referred to as "Hennepin County", the City of Eden Prairie, hereinafter referred to as "Eden Prairie", the City of Chanhassen, hereinafter referred to as "Chanhassen", and the City of Chaska, hereinafter referred to as "Chaska". Carver County, Hennepin County, Chanhassen, Chaska, and Eden Prairie are hereinafter from time to time collectively referred to as "Local Agencies". Barton-Aschman Associates, Inc. is referred to herein as the "Chanhassen's Consultant". WHEREAS, the widening of T.H. 5 to four lanes from C.S.A.H. 17 to T.H. 41 in Chanhassen, hereinafter referred to as "Project", is desirable and necessary, and WHEREAS, the MnDOT, Carver County, Hennepin County, Chanhassen, Eden Prairie and Chaska desire to have the Project "construction ready" if and when financing is available for such construction, and ( JHEREAS, the agencies wish to participate and cooperate in preparation and completion of the Project, and WHEREAS, Chanhassen has agreed to act as administrator for the Project, and WHEREAS, by virtue of Minnesota Statute 161.20, Subdivision 2, the Commissioner of Transportation is authorized to make agreements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system, and WHEREAS, the agencies are authorized by Minnesota Statute 471.59 to enter into agreements providing for the exercise of power shared in common. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 4 a7 SECTION 1.0 - EXTENT AND CHARACTER OF THE WORK 1.10 project Work Description 1.11 The services to be proveded under this agreement are for the detail design, final construction plan, specifications and engineering estimate preparation for roadway construction work, for Trunk Highway No. 5 from C.S.A.H. 17 to T.H. 41 in Chanhassen. 1.20 Protect Location 1.21 The general location of the roadway element of this project extends along the mainline of T.H. 5 from C.S.A.H. 17 in Chanhassen to T.H. 41 in Chanhassen. SECTION 2.0 - SERVICES TO BE PROVIDED BY CHANHASSEN 2.10 Scope of Services 2.11 Chanhassen, through its Consultant, will act as an extension of the State's work forces in the development of the required plans for this project. 2.20 Detailed Design and Preparation of Roadway Plans 2.21 Chanhassen's Consultant shall prepare detailed designs and construction contract plans that shall provide for grading, surfacing, drainage facilities, signing, utility relocations, traffic signals, landscaping and miscellaneous construction features. 2.22 Chanhassen's Consultant shall prepare special provisions for those items, details and procedures for which the Consultant is responsible and which are not part of the State's "Standard Specification for Construction". 2.23 Chanhassen's Consultant shall prepare a Signal Justification Report for three intersections on this project: 1) T.H. 5 and Audubon Road, 2) T.H. 5 and C.S.A.H. 19 (Galpin Boulevard), and 5 C\I 3) T.H. 5 and T.H. 41. 2.24 Following approval of the Signal Justification Report, Chanhassen's Consultant will design new signal systems for those same intersections. 2.25 Chanhassen, through its Consultant, shall prepare a traffic control plan which will include the identification of detours, any temporary signing, temporary pavement markings, and temporary barriers or flagging requirements. 2.26 Construction staging plans will be prepared at a scale of 1" to 100'. These plans will show ways to reduce traffic congestion and maintain safe traffic flow with minimal delay. 2.27 Chanhassen's Colsultant shall prepare the Engineer's Estimate for the proposed construction project. 2.30 Plan Review and Approval Chanhassen's Consultant shall submit the plans for review and approval at two stages of development: 2.311 Stage I (Preliminary Review) 2.3111 Chanhassen's Consultant shall submit translucent prints of partially completed plans to the State for review. These plans shall include existing topography, proposed alignment, profiles, plan layout of proposed construction, major drainage, and typical sections. Approvals of these features by the State shall be obtained before proceeding with further development of the plans. 2.312 Stage II (Detail Review) 2.3121 After receiving approval of Stage I, Chanhassen's Consultant shall complete the plans in accordance with the review comments for Stage I and submit translucent prints to the State for review. These plans will be complete in all respects including computation of final quantities. 2.3122 After the detail review by the State, Chanhassen's Consultant shall submit the original plan sheets corrected in accordance 6 with the review comments. 2.3123 Approval and acceptance of the plans will be based on the review of the completed plans in their final form. 2.3124 Chanhassen's Consultant shall submit a copy of the checked design and quantity calculations. These computations shall be submitted on 8-1/2" x 11" sheets as far as practicable and bound in a neat and orderly manner. 2.40 Drainage 2.41 Chanhassen's Consultant shall design all surface and subsurface drainage facilities including any ponding, if necessary, that are required for the project. 2.50 Utilities 2.51 For the purpose of this agreement "Utilities" shall mean and include all privately, publicly or cooperatively owned communication lines and facilities; any system, lines, or facilities for the distribution or transmission of electrical energy, gasoline, oil, gas, water, steam, or the exclusive collection of sewage. 2.52 The construction plans prepared by Chanhassen's Consultant shall be complete in respect to the showing of inplace utilities and the relocation of utilities, both privately and publicly owned. When designs have reached the state of progress that the effect on inplace utilities can be determined, Chanhassen's Consultant shall furnish the State one transparency of each plan and cross- section sheet showing the inplace utilities and its recommendations for such protection and relocations as may be necessary. The final locations of all private utilities will be determined by the State and the owners, and such information will be furnished to Chanhassen's Consultant who shall show said new locations in the final construction plans if the information is furnished to it prior to its completion of the plans. 7 48° 2.60 Permits 2.61 After the final design is complete, a field inspection involving the U.S. Fish and Wildlife Service, Corps of Engineers, the Minnesota Department of National Resources, the City of Chanhassen, and the local watershed districts will be conducted by Chanhassen's Consultant in conjunction with the State to make a final determination of permits required for the project. 2.62 Chanhassen's Consultant shall prepare and submit permit applications and secure the necessary federal, state, and local approval of those permits. SECTION 3.0 - LAWS, REGULATIONS, GUIDELINES AND STANDARDS FORM OF PLANS 3.10 Design Standards 3.11 In accomplishment of this work, recognition will be given to the requirements of the following laws, regulations and guidelines related to design and the environment. These standards, regulations or guidelines shall be considered as minimum. Higher standards shall be used where it is feasible and economically sound to do so. 3.111 Minnesota Statues 161.171-161.177 inclusive (Municipal Approval). 3.112 Uniform Relocation Act for Right of Way Acquisition 3.113 U.S. Department of Transportation, Federal Highway Administration, Federal-Aid Program manuals, including: Book III, Volume 5, Chapter 2, Section 1, Subsection 1 (Design Standards for Federal-Aid Projects). 3.114 National Environmental Policy Act of 1969 - Public Law 91-190. 3.115 Section 4 (f) of Public Lay 89-670. 3.116 Minnesota Statutes, Section 116D.01 et. seq. (Environmental Policy Act of 1973) . 3.117 State of Minnesota, Department of Transportation, Highway Project Development process. 8 1/31 3.12 Applicable requirements of Division II (Construction Details) of the Minnesota Department of Transportation "Standard Specifications for Highway Construction" 1988 Edition or future editions thereof, on file in the Office of the Commissioner of Transportation at St. Paul, Minnesota, and which are made a part hereof by reference with the same force and effect as though fully set forth herein, shall be incorporated into the preliminary plans prepared by Chanhassen, through its Consultant. 3.13 Where applicable, design details shall conform to those in the Minnesota Department of Transportation "Road Design Manual", "Surveying and Mapping Manual", "Drainage Manual" (5-294), "Standard Plans" (5-296), "Standard Plans", "Traffic Engineering Manual", the present modifications thereof, as well as future modifications and new editions thereof, which will be issued from time to time by the Minnesota Department of Transportation. 3.14 Insofar as design standards are concerned, it is the intent of this agreement that the plans shall embody the design standards in use by the Minnesota Department of Transportation at the time the design work for the plans is being performed. If revised design standards are adopted by the Minnesota Department of Transportation during the progress of the work on the plans, the Consultant Agreements Engineer or appointed representative will at the request of the State, analyze jointly with Chanhassen, the changes in the plans necessary to comply with the new standards. Said agreed changes will be includes in the plans. 3.20 Forms of Plans 3.21 The style and forms of plans including size, weights, and style of lettering shall be that in use by the Minnesota Department of Transportation at the time the work is being performed unless written permission is given to vary said form and style. The plans shall be prepared on 22" x 34" or 11" x 17" sheets. • 3.22 The final submittal of plan sheets shall be on mylar material. 9 1/3;7' 3.23 Cross-section sheets prepared by Chanhassen's Consultant shall be ( either computer or hand-plotted. The submitted cross sections shall be on the same size sheets as the plan (Section 3.21). If hand-plotted they shall be drawn with pencil or India ink on the best grade of paper sheets having dotted grid lines. The original ground line shall be inked. The planned sections may be drafted with pencil. 3.24 The drafting on the plan sheets and cross section sheets shall be of such size and quality as will permit reduction to one-half scale and the making of readable, first class blue line or black line prints from the reduced size intermediates, including clear reproduction of grid lines, symbols and legends. The minimum lettering size for original drafting shall be 0.12 inch. No adhesive backed material shall remain on any plan sheet. Bar scales will be used throughout the plan. 3.25 Bridge plans, partially completed and final detail plans submitted to the State for review and approval shall be positive reproductions on daizo sensitive translucent paper or polyester base film from which blue line prints can be made. 10 SECTION 4.0 - DATA, AND SERVICES TO BE FURNISHED BY THE STATE STATE 4.10 Data to be Furnished 4.11 The State, after authorizing the start of the project, shall furnish the following project related data or materials, if any, for use by Chanhassen's Consultant in connection with the project. 4.1101 Complete roadway field survey work and mapping, done earlier by the State. 4.1102 Complete soils boring information and soils recommendation letter. 4.1103 Any other material or data available for use in performing the services under this agreement. 4.12 All data furnished to Chanhassen's Consultant by the State shall remain the property of the State and shall be returned to the State when so requested. 4.20 Analysis and Evaluation of Data by the CitV 4.21 Chanhassen's Consultant shall make an analysis of all data and information furnished by the State. If any data or information is found to be incorrect or incomplete this fact should be brought to the attention of the State before proceeding further with the part of the project affected. 4.30 Services to be Provided 4.31 The State shall be responsible for advising Chanhassen's Consultant of the required pavement design for the project. 4.32 The State shall be responsible for soils investigation and shall provide boring logs, recommended subcut depths and subgrade treatments to Chanhassen's Consultant for final design. 4.33 The State shall acquire all right of way. 11 SECTION 5.0 - TIME SCHEDULE 1 5.10 Starting Work 5.11 For the services that the State is paying for, Chanhassen shall not start work until it receives written instructions to do so from the State. 5.20 Completion Time Schedule 5.21 Chanhassen's Consultant shall complete all work and services required under the terms of this agreement by February 1, 1992. 5.22 The State may extend the time completion periods upon written request from Chanhassen for delays encountered that are beyond his control. The amount of such time extension shall be determined by the Consultant Agreements Engineer of the Minnesota Department of Transportation who is authorized to grant such time extension by letter to Chanhassen. SECTION 6.0 - PAYMENT TO CHANHASSEN 6.10 Payment to Chanhassen for Consultant Services 6.11 The total payment as reimbursement for consultant services for Chanhassen shall not exceed $337,000. This amount includes Chanhassen's portion of the total cost plus a $50,000 contingency amount to be utilized at Mn/DOT's discretion for unforeseen additional work that could be deemed necessary for this project by Mn/DOT. The total costs for Chanhassen, Chaska, Eden Prairie, Carver County, Hennepin County, and Mn/DOT shall be shared as follows: 12 y6S COST AGENCY $ 10,000 Chanhassen 10,000 Chaska 10,000 Eden Prairie 10,000 Carver County 10.000 Hennepin County $ 50,000 Total Share of all Local Agencies $ 50,000 Mn/DOT's Matching Share 187,000 Mn/DOT's Share covering balance of Chanhassen's Consultant Contract amount. 50,000 Mn/DOT's Discretionary Contingency Fund $287,000 Total Mn/DOT share of this Agreement $337,000 Total Agreement Amount (Local Agencies plus Mn/DOT) The aggregate cost to Chanhassen, Chaska, Eden Prairie, Carver County, and Hennepin County shall not exceed $ 50,000 as shown above. Mn/DOT agrees to complete the project at no additional cost to Chanhassen, Chaska, Eden Prairie, Carver County or Hennepin County. f 6.12 BLANK 6.13 A termination of the Chanhassen Consultant Contract as per the terms of Section 7.0 such that the final costs to Chanhassen's Consultant totals less than $100,000, shall result in reduced agency costs proportional to each agency's cost obligations stated as follows: Agency Cost Percentage Chanhassen $ 10,000 10% Chaska 10,000 10% Eden Prairie 10,000 10% Carver County 10,000 10% Hennepin County 10,000 10% Mn/DOT 50.000 50% Totals up to $100,000 100% 6.14 If it appears at any time that Chanhassen's Consultant will exceed the total estimated payment of $287,000, Chanhassen's 13 y�G ,� Consultant agrees not to perform any services that would cause that amount to be exceeded unless Chanhassen's Consultant has been advised by Chanhassen that the work has been approved by Mn/DOT, additional funds have been encumbered and that work may proceed. 6.15 If it appears at any time that Chanhassen's Consultant will exceed the total estimated payment of $337,000, Chanhassen's Consultant agrees not to perform any services that would cause that amount to be exceeded unless Chanhassen's Consultant has been advised by Chanhassen that the additional work has been approved by Mn/DOT, a supplemental agreement between the agencies has been issued, additional funds have been encumbered and that work may proceed. 6.20 Invoices - Partial Payments 6.21 Each agency's pro rata share shall be paid to Chanhassen when and as payments are required to be made by Chanhassen to the Consultant pursuant to the Consultant Contract. Chanhassen may invoice each agency monthly during the progress of the work for costs incurred by Chanhassen's Consultant. Such invoice shall reflect each member agency's share of the payment due. 6.22 Invoices for Mn/DOT's pro rata share shall be signed, and be submitted to Mn/DOT's Consultant Agreements Engineer and a copy submitted to the District Project Manager for approval. 6.23 Each agency will pay 100% of its share of partial payments to Chanhassen up to its pro rata share of the CONSULTANT contract cost as stated in 6.11 or in the event of early termination of the CONSULTANT contract as described in 6.13. Two percent of the final CONSULTANT cost, will be retained by Mn/DOT pending final audit as stated in 6.30. 6.30 Final Payment 6.31 Final payment due Chanhassen for the Consultant Services will be made after acceptance of the work and an audit conducted by the State. The audit will be conducted in accordance with the cost principles and procedures set forth in the Federal Acquisition 14 Y� '.E Regulations, 48CFR 1-13.6 (Grants and Contracts with State and Local Governments) and 48CFR 1-31.2 (Contracts with Commercial Organizations), which are made a part hereof by reference with the same force and effect as though fully set forth herein. 6.32 Based upon final audit, final payments to Chanhassen may exceed the agreement total as defined in 6.11 without a supplemental agreement. 6.40 Progress Reports 6.41 Chanhassen's Consultant shall submit monthly reports to the State and Chanhassen showing progress of the work. A copy of the reports form to be used by Chanhassen's Consultant will be submitted to the State for approval. SECTION 7.0 - TERMINATION, DISPUTE AND SUBMITTAL OF CONTRACT DOCUMENTS 7.10 Termination and Dispute 7.11 The agreement may be terminated by either the State or Chanhassen at any time upon written notice to all parties hereto. In the event that such termination should take place at a time other than the completion of the work to be performed under the agreement, Chanhassen shall be paid for the work performed to date of termination, demobilization costs, and contract closing costs, and (if applicable) a portion of the fixed fee which will be determined by the stage of completion of the total work. The total payment will be determined by mutual agreement between the State and Chanhassen. The total payment for the reduced quantity of work, demobilization expense and contract closing costs will not exceed the total payments as set forth in the original agreement or succeeding supplements. A supplemental agreement shall be executed setting forth the reduced amount of compensation Chanhassen shall receive. Chanhassen may exercise those legal remedies as may be available to it in connection with any dispute arising out of this agreement which cannot be settled 15 437 by the parties hereto by supplemental agreement. 7.20 Submittal of Contract Documents 7.21 The original of all drawings, work sheets, plans, field notes, computations and other project data shall be turned over to the State as follows: 7.211 Upon written notice of termination of the agreement. 7.212 Prior to final settlement of a dispute arising out of this agreement. 7.213 Prior to final payment of the ultimate gross amount due. SECTION 8.0 - COMPLIANCE WITH LAWS 8.10 Chanhassen's Consultant shall comply with all Federal, State and Local laws, together with all ordinances and regulations applicable to the work. Chanhassen's Consultant shall procure all licenses, permits, or other rights necessary for the fulfillment of Chanhassen's obligations under this agreement. SECTION 9.0 - REGISTRATION 9.10 Plans, designs, reports and specifications shall be prepared by or under the direct supervision of a professional engineer, architect or land surveyor as applicable, registered in the State of Minnesota. The plans, designs, reports and specifications shall be certified as required by law. SECTION 10.0 - CONFERENCES 10.10 Chanhassen's Consultant shall confer with the State as often as is necessary in regard to the work to be done under this agreement and perform the travel necessary for such conferences. When requested by the State, Chanhassen shall also assist the State in negotiations with other interested parties. 16 t/39 SECTION 11.0 - INSPECTION 11.10 Duly authorized representatives of the State and the Federal Highway Administration shall have the right to inspect the work of Chanhassen and its Consultant whenever they deem it necessary, provided that reasonable notice is given and the inspection is during normal working hours. SECTION 12.0 - SUBLETTING 12.10 The services of Chanhassen's Consultant to be performed hereunder are personal and shall not be assigned, sublet, or transferred unless written authority to do so is granted by the State. This written consent shall in no way relieve Chanhassen's Consultant from the primary responsibility for performance of the work. The State does recognize and approve the use of Chanhassen's Consultant, Barton-Aschman Associates, Inc. for the services to be provided under this agreement. 12.12 All subconsultant agreements exceeding $10,000 shall contain all required provisions of this agreement. SECTION 13.0 - CLAIMS 13.10 Chanhassen, Chaska. Eden Prairie, Carver County. and Hennepin County Employees 13.11 Any and all employees of Chanhassen, Chaska, Eden Prairie, Carver County, and Hennepin County or other persons while engaged in the performance of any work or services required by Chanhassen, Chaska, Eden Prairie, Carver County, and Hennepin County under this agreement shall not be considered employees of the State, and any and all claims that may or might arise under the Worker's Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of Chanhassen's, Chaska's, Eden Prairie's, Carver County's, 17 and Hennepin County's employees or other persons while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the State. 13.20 Responsibility for Claims and Liability 13.21 Chanhassen warrants that the following paragraph will be included in its agreement with Chanhassen's Consultant: Chanhassen's Consultant indemnifies, saves and holds harmless the State, the Coalition, Chanhassen, Chaska, Eden Prairie, Carver County, and Hennepin County and any officers, agents or employees thereof from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the execution or performance of the work of Chanhassen's Consultant provided for under this agreement. SECTION 14.0 - CONTINGENT FEE 14.10 Chanhassen warrants that the following paragraph will be included in its agreement with Chanhassen's Consultant: 14.11 Chanhassen's Consultant warrants that it has not employed or retained any company or person, other than bona fide employees working solely for Chanhassen's Consultant to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for them, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of the agreement. For breach or violation of this warranty the State shall have the right to annul this agreement without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ,r 18 yUl SECTION 15.0 - NONDISCRIMINATION i 15.0 The provisions of Minnesota Statute 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. 15.1 Chanhassen warrants that the preceeding section, 15.0, will also be included in its agreement with its Consultant. SECTION 16.0 - FURNISHING OF INFORMATION TO THE STATE 16.10 Advance Information 16.11 At the request of the State, Chanhassen's Consultant shall furnish to the State during the progress of the work such design information or data in such detail as may be required to enable the State to carry out or to proceed with related phases of the project not covered by this Agreement, or which may be necessary to enable the State to furnish information to Chanhassen upon which to proceed with further work. SECTION 17.0 - MAINTENANCE OF DOCUMENTS AND RECORDS 17.10 17.11 Chanhassen's Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with work and services performed hereunder. Chanhassen's Consultant shall make such material available at its office at all reasonable times during the contract period and for three years from the date of final payment under this agreement for inspection by the State, the Federal Highway Administration, or any authorized representative of the Federal Government and copies thereof shall be furnished upon request. 19 4/4 SECTION 18.0 - USE OF DESIGNS AND REPORTS 18.10 18.11 All designs, reports and copies of design computations shall become the property of the State who shall have the right to use any and all of said plans or designs for this intended public purpose. 18.12 Chanhassen's Consultant will make its employees who are engaged in the work available during construction to answer questions about the plans as designed. Such time on the Consultants part will not constitute extra work and no additional compensation is warranted. SECTION 19.0 - ACCURACY OF WORK 19.10 19.11 Chanhassen's Consultant shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors and omissions on their part without additional compensation. Acceptance of the work by the State will not relieve Chanhassen's Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. SECTION 20.0 - APPROVALS 20.10 20.11 Before this agreement shall become binding and effective, it shall be approved by resolution of the City Council of Chanhassen, the City Council of Eden Prairie, the City Council of Chaska, the Carver County Board of Commissioners, the Hennepin County Board of Commissioners, and receive the approval of such State officers as the law may require in addition to the Commissioner of Transportation. 20 yq? MnDOT Agreement No. 67724 Department of Transportation: Attorney General: as to form and execution: By Title By Date Department of Administration: Department of Finance: By By (Authorized Signature) (Encumberance Center Authorized Signature) Date Date • 21 qq� MnDOT Agreement. 67724 The following Local Agencies, by and through their Boards of Commissioners and City Councils, respectively, have agreed to be bound by the provisions of this contract and have authorized their respective officers to execute it in the places provided below. Hennepin County Board of Commissioners Date: By Chair Date: And Associate/Deputy County Administrator Attest: Date: Clerk of County Board Approved as to form and legality Date: By Assistant Hennepin County Attorney 22 W/yS MnDOT Agreement No. 67724 Carver County Date: By County Chairman Date: By County Administrator Approved as form: Date: By County Attorney City of Chanhassen 1 Date: By Mayor Date: By City Manager City of Chaska Date: By Mayor Date: By City Administrator 23 qua MnDOT Agreement No. 67724 List of Exhibits Exhibit A Resolution No. , dated , 1991, by the Board of Commissioners of Hennepin County, approving this Agreement. Exhibit B Resolution No. , dated , 1991, by the Board of Commissioners of Carver County, approving this Agreement. Exhibit C Resolution No. , dated , 1991, by the City Council of the City of Chanhassen, approve g this Agreement. Exhibit D Resolution No. dated , 1991, by the City Council of the City of Chaska, approving this Agreement. Exhibit E Resolution No. , dated , 1991, by the City Council of the City of Eden Prairie, approving this Agreement. 24 UU ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-48 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, through B.R.W.has prepared plans and specifications for the following improvements to wit: I.C. 52-221 -Valley View Road Extension and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications,a copy of which is on file for public inspection in the City Engineer's office,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such ( improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks,shall specify the work to be done,shall state that bids shall be received until 10:00 a.m.,March 29, 1991,at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated,and will be considered by the Council at 7:30 P.M.,Tuesday, April 2, 1991, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit,cashier's check,bid bond or certified check payable to the City for 5% (percent)of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 5, 1991. Douglas B. Tenpas,Mayor ATTEST: SEAL John D. Frane, Clerk t'il 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: February 28, 1991 SUBJECT: Recommendations to Award Contracts for Playstucture Bids at Carmel Park,Eden Lake School/Park, Red Rock Lake Park and Rustic Hills Park It is the City's intent to purchase play equipment for Carmel Park, Eden Lake School/Park, Red Rock Lake Park and Rustic Hills Park. The neighborhoods surrounding the parks,as well as the physical education teacher at Eden Lake School, provided a great deal of input as to what they would like to see in their parks. A request for play equipment was distributed which included plans, specifications and an evaluation sheet. All companies were asked to provide as much play equipment as possible for the budget amount of each park. Bids were received February 21, 1991. The parks,recreation and natural resources staff,school district representatives and several neighborhood residents evaluated the play equipment based on the evaluation form and have the following recommendations: CARMEL PARK: Staff is recommending Bob Klein and Associates, representing Miracle Recreation Equipment Company, be awarded the contract for installation of play equipment at Carmel Park. This company has proposed a redwood playstnicture with expanded metal decks. All program elements with the exception of a track ride,which was substituted with a hand ring bridge, have been included. An additional 11' spiral slide, a tic tac toe panel and new color choices convinced staff that this equipment is the best playstnicture for the dollar, and should be the one to be installed. The budget for this park is$10,000 with money to come from cash park fees. EDEN LAKE SCHOOL/PARK: The play equipment for review is the third phase of play equipment to be installed at Eden Lake School/Park. The first two phases were installed by Earl F.Andersen,with Landscape Structures equipment. Two bids were received for this next phase of installation. After carefully weighing compatibility questions,it is the recommendation of the staff and representatives from Eden Lake School to select Flannagan Sales to install the Iron Mountain Forge proposal. This option offered everything on the recommended list except the log roll. The Earl F. Andersen proposal contained the log roll but omitted the double chain walk, the pipe climber, fire poles, track ride and several decks in their phase three proposal. INC) Award Contract for Playstructures February 28, 1991 Page 2 A proposed connection between two different height decks will need to be addressed for safety purposes. If this can be worked out,staff recommends awarding the contract for play equipment at Eden Lake School/Park to Flannagan Sales. The budget amount for this project is$10,000. A school district donation will pay for this new equipment. RED ROCK LAKE PARK: Staff recommends the contract award for play equipment be awarded to Earl F. Andersen for the installation of Landscape Structures equipment. The Earl F.Andersen proposal satisfied all requirements and is the best playstructure for the dollar at this difficult site. The budget amount is$10,000 with money to come out of the cash park fee fund. RUSTIC HILLS PARK: The only bid that satisfied all requirements and stayed within the budget amount was the Flannagan Sales bid representing Iron Mountain Forge equipment. Staff is, therefore, recommending the bid be awarded to Flannagan Sales for installation of play equipment at Rustic Hills Park. The budget amount for this equipment is$35,000. Money will come from the 1991 budget and a fund set up by the neighborhood. BPC:mdd play/II 160 • iI 1 n N , 1 C "=r- cp ena :,'3 E fl `ES1. 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P 2 TO \ E .� \ �. :�k a )} 3 E « 4) 2 aE fie- §® �a ■® . $ t - 7 iJ 7 2cn§ E §E §\/ \ 2 co ] 2 4k cn k a 2� <0 \ §g/ . . . �. . } CITY OF EDEN PRAIRIE RESOLUTION NO. l- St GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS FOR THE TANAGER CREEK APARTMENTS PROJECT AND AUTHORIZING PUBLICATION OF A NOTICE OF PUBLIC HEARING. WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City of Eden Prairie (the "City") issued on August 12, 1985 its $10,400,000 Multifamily Housing Revenue Bonds (Tanager Creek Apartments Project) (the "Prior Bonds"); and WHEREAS, the proceeds of the Prior Bonds were loaned to Cheyenne Land Company, a general partnership organized and existing under the laws of the State of Minnesota (the "Developer"), the sole general partners of which are Richard Neslund and R. Neslund Co., for the purpose of constructing a multifamily housing development of 185-units located on the northwest and southwest quadrants of Baker Road and Edenvale Boulevard in the City (the "Project"); and WHEREAS, the Developer has requested that the City issue its $10,045,000 Multifamily Housing Revenue Refunding Bonds (Tanager Creek Apartments Project), Series 1991 (the "Bonds") in order to refund the outstanding principal amount of the Prior Bonds and refinance the Project; and WHEREAS, the issuance of the Bonds requires that the City hold a public hearing after publication of notice; NOW, THEREFORE, BE IT RESOLVED by the City of Eden Prairie: 1. The issuance of the Bonds is hereby preliminarily approved, and the City Clerk is hereby authorized to publish the notice of public hearing in substantially the form attached hereto. 2. The adoption of this resolution does not constitute a guarantee that the City will issue the Bonds as requested by the Developer. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 3. The Developer has agreed to pay directly or through the City any and all costs incurred by the City in connection with the U55 Project whether or not the Bonds or operative instruments are executed. 4. All commitments of the City expressed herein are subject to the condition that by December 31, 1991 the City and the Developer shall have agreed to mutually acceptable terms and conditions of the Loan Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this Resolution shall expire and be of no further effect. ADOPTED: March 5, 1991 Mayor ATTEST: City Clerk LIS tD • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-47 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-218(Leona Road Storm Sewer Improvements) and assess the benefitted property for all or a portion of the cost of the improvements,pursuant to M.S.A. 429.011 to 429.1I1. NOW,THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study with the assistance of H.T.P.O.,Inc.and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on March 5, 1991. Douglas B.Tenpas, Mayor ATTEST: SEAL John D. Franc, Clerk CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the followng described improvement(s): (General Location) Sanitary Sewer q Waterman //titZcf!4GJ ( ���; CL e/ A. Storm Sewer �� /� 4.-t Z Street Paving X/o0 Other Street Address of Other Legal Description of Names of Petitioners Property to be Served (Must Be Property Owners) tr, 11111.,: r l2.!.5,,/ > j l�. .S{ 14? llfl���/ �t'><�C.�/tom _ / ==__=_ (For City Use) Date Received , 1''r' vn �r�,✓ Project No. .2—e 512 Council Consideration MEMORANDUM TO: Mayor and City Council FROM: Carl J. Jullie, City Manager i/ )1f- DATE: March 1, 1991 • SUBJECT: Payment for Community Survey • As per the attached letter from Ms. Friederichs, the Chamber is having difficulty with payment of their share of the recent joint City/Chamber Community Survey. Since the information gained from the entire survey, including the business community section, is valuable for the City's use and reference, it is recommended that the City assume responsibility for the entire $3,200 Chamber's share and authorize payment to Decision Resources for the $850.00 balance due. Funding can come from the 1991 General Fund Contingency. CJJ:jdp Attachment EDEN PRAIRIE February 13, 1991 Douglas Tenpas Mayor of Eden Prairie City of Eden Prairie 7600 Executive Drive • Eden Prairie, Mn 55344 Dear Doug: On behalf of the Eden Prairie Chamber of Commerce, I am requesting assistance from the City of Eden Prairie to pay off the balance of the bill to Decision Resource for the business portion of the community survey that was done last summer. The Chamber finds itself unable to pay this bill, and it's long overdue. A balance of $3,200 is owned to Decision Resources, $2,350 of which was already paid in advance for us by the City, leaving $850 additional to be paid. Thank you for your help and support. Sincerely, Marjorie D. Friederichs Executive Vice President MDF/ma it } 250 Prairie Center Drive, #130 • Eden Prairie,MN 55344 • Phone 612-944-2830 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 91-40 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS,a resolution of the City Council adopted the 20th day of November, 1990, fixed the 18th day of December, 1990, as the date for a public hearing on the following proposed improvements: LC. 52-160-Dell Road and Scenic Heights Road WHEREAS,ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing was held on the 18th day of December, 1990, and thereafter continued to the 5th day of February, 1991 and the 5th day of March, 1991 at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designed as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvements, with the assistance of Strgar-Roscoe-Fausch, Inc., consulting engineers. ADOPTED by the Eden Prairie City Council on March 5, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL • John D. Franc, Clerk yGl { EDEN PRAIRIE PLANNING COMMISSION APPROVED MINUTES MONDAY, FEBRUARY 11, 1991 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COMMISSION MEMBERS: Chairperson Christine Dodge, Tim Bauer,Julianne Bye,Robert Hallett, Karen Norman,Charles Ruebling, Doug Sandstad. STAFF MEMBERS: Scott Kipp, Planner;Deb Edlund, Recording Secretary. ROLL CALL: All Members Present. I. APPROVAL OF AGENDA MOTION: Bauer moved, seconded by Ruebling to approve the Agenda as published. Motion carried 6-0-0. II. MEMBERS REPORTS III. MINUTES MOTION: Ruebling moved, seconded by Sandstad to approve the Minutes of the January 28, 1991 as published and amended. CORRECTION: Page 7,Paragraph 1,Sentence 3&4 should read: Grocper replied that the majority of trucks would deliver during the late evening hours. Groeper noted that Cub Foods peak hours of business were from 7PM to 10PM and weekends, which should not interfere with the office traffic in the area. Motion carried 5-0-2. Bauer and Dodge abstained. IV. DEVELOPMENT PROPOSALS A. WELTER'S PURGATORY ACRES 6TI1 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,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. A continued public hearing. Planning Commission February 11, 1991 Page Two 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 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 City 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. Ul�3 _ c Planning Commission February II, 1991 Page Three 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 through 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. Planning Commission February 11, 1991 Page Four 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. 46S Planning Commission February 11, 1991 Page Five 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 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 l: 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 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 Planning Commission February 11, 1991 Page Six 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 road 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. Ego 7 C Planning Commission February 11, 1991 Page Seven 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. 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 concerns 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 2z 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. V. OLD BUSINESS Hallett asked for further information regarding the Airport. Kipp replied that MAC was presenting a noise abatement plan to the City. He added that MAC wanted to work with the City. The abatement proposal would be reviewed at the February 19, 1991 City Council meeting. Kipp noted that the City C PLANNING COMMISSION MINUTES-JANUARY 28. 1991 IV. DEVELOPMENT PROPOSALS A. WELTER'S PURGATORY ACRES 6TH ADDITION(91-4-Z-P) 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 Appeal; Preliminary Plat of 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. A public hearing. Jim Ostenson, representing the proponent, presented the plans for a 7 lot subdivision. Six lots would be located around a cul-de-sac and one lot would extend from Sunnybrook Road. The DNR wetland adjacent to the property prohibited further development. Ostenson stated that the proponent had tried to continue the integrity of the existing neighborhood. Another main concern of the proponent was preservation of the trees and wetlands. Approximately 100 inches of the total 300 inch projected significant tree loss would come from one tree. Ostenson believed that this tree could be saved with the use of retaining walls. He also noted that the proponent proposed to leave as many boxelder trees around the pond as possible. Ostenson believed that if Sunnybrook Road were extended,additional trees would be lost. Ostenson stated that the proponent would incur all the costs for road construction with the plan as presented. He added that if an alternate road design were used the City would need to construct the street and assessments would be necessary. Ostenson stated that the Fire Station was directly across from this property and the response time for rescue units would not be greatly affected by the proposed cul-de-sac design. He also noted that there were cul-de-sacs presently in the City which were longer than the cul-de-sac proposed by the proponent. Ostenson believed that the plan as proposed met with the expectations of the existing neighborhood. Scott Kipp reported that the through road analysis by staff was based on comments from both the Planning Commission and City Council minutes from the review of the original Welter's Purgatory Acres project. The City Council requested that the road be terminated at the southern connection for future through road analysis. Staff concurred with the proponent that a through road out to Homeward Hills Road or Sunnybrook Road from the west would not be feasible. Option 4 developed by Staff would keep the road as far to the west as possible within the site and would go through to Sunnybrook Road. Kipp believed that Option 4 would maintain the integrity of the neighborhood,additional significant trees would not be lost,and the road would be constructed on suitable soils. Staff did not believe that a through street would provide a short cut for general traffic and would be used primarily by neighborhood residents. Kipp concurred that C additional road construction costs would occur with this option. Kipp reviewed the pros and cons of the road proposal as outlined in the Staff Report dated January 25, 1991. Ostenson recalled that the temporary termination of Welter's Way had been to provide access to adjacent property and did not believe that it was ever intended to be a through road to Sunnybrook. Ostenson quoted from the October 24, 1986 Staff Report which stated that the extension of Welter's Way to Sunnybrook Road was not feasible. He believed that the water line extension could be installed without additional tree loss. Ostenson also noted that the proponent was not requesting additional lots. Norman arrived at 8:00 PM. Kipp reported that at the October 1986 Planning Commission meeting there was discussion on safety and there was a motion made at the meeting to amend the plans to reflect a future road connection to the north-northwest toward Homeward Hills Road or to Sunnybrook Road. The motion was carried on to the City Council. Rita Reed, 11728 Welter's Way, stated that she had been drawn to the area because of the larger lots and the wildlife. Reed said that she preferred to see the largest lots possible and the least amount of traffic. She added that she would like to be able to continue to enjoy seeing the wildlife. Reed believed that a through street would increase the speed of the traffic and further that a cul-de-sac would be safer. Robert Solohub, 11760 Welter's Way, supported that proposal presented by the proponent with a cul-de-sac design. Solohub believed that Staff's road design would create a major through road and increase the traffic. He was concerned for the safety of the children in the neighborhood. Solohub believed that more trees would be saved with the proponent's plan and the costs of road construction would be less. Bill Hoag, 11995 Sunnybrook Road, stated that he owned the existing home. Hoag was concerned with the safety of the children and believed that this factor was of greater importance than the response time of the fire and police. He believed that the larger lots would help to maintain the wildlife in the area. Hoag recommended a City access road only to be used for emergency vehicles. He stated that he would leave his driveway open for emergency vehicles. Ruebling believed that the true access issue was not response time but rather the desire to provide more than one means of access to property by emergency vehicles. < < Kevin Stratkey, 11787 Welter's Way, believed that the neighborhood was very accessible to emergency protection and didn't believe that this was an important issue. Kipp noted that a waiver would be required by the City Council due to the length of the cul-de-sac. Kipp believed that a through street would distribute traffic more evenly. Sandstad asked where the nearest park was located. Kipp replied the park was near Sunnybrook Road and Homeward Hills, but the park did not have facilities for young children. Hallett asked how much property the City owned adjacent to this project. Kipp replied approximately 4.5 acres. Hallett then asked if the City every sold the land back to a developer. Kipp replied that this had been done in the past and noted that the City did not have plans for this property. Ostenson noted that part of the property was in the floodplain and directly under NSP lines and therefore was not a desirable piece of property. Hallett asked staff if the existing homeowners would pay assessments for the road if constructed by the City. Kipp replied if the road were petitioned. Peter Knable stated that the proponent had estimated the assessments for the two existing lots would run approximately$10,000 and $21,000. Uram noted that actual benefit to the properties would be questionable and it could be possible that the existing homes would not be assessed. Hallett noted that the possibility of assessments to the existing homeowners was an important factor. Ostenson stated that the proponent had held a neighborhood meeting and believed they had taken into consideration with the proposed plan the concems and comments of the neighbors. Hallett stated that historically Public Safety pushed to have through streets and to connect roads whenever possible. He also noted that typically people did not buy homes based on how fast emergency vehicles could access their property. Ostenson gave examples of approximately ten cul-de-sacs which were as long or longer than the one proposed by the proponent. Ostenson believed that there were extenuating circumstances to support the use of a cul-de-sac. Uram stated that longer cul-de-sacs had been allowed by the City when significant natural site features would be saved. 4'l1 < < Bye believed that a through street would disperse the traffic and would actually reduce the traffic in the center and lower portions of the existing development. Norman believed that the views of the existing residents should be taken into consideration. She noted that this was a secluded area and it would be the neighbors themselves which would be using the street. Ruebling asked if Hoag's suggestion for an emergency vehicle access only road could be accomplished. Uram replied that he knew of only a couple of cases where this had been done. He added that the roads were for short distances only and believed that the road would not be kept open in the winter. Hallett stated that it appeared from statements by the residents that they did not want a through street. Sandstad supported a continuance. He was concerned about the length of the cul- de-sac and did not see any natural features which were being saved. Bye stated that she was not convinced that a cul-de-sac was or was not the answer, but would like a continuance to allow time for site views and further consideration. Hallett stated that he favored the cul-de-sac design, but respected the comments from fellow commissioners. Ruebling believed that the Planning Commission needed to follow the guidelines as set forth by the City Council and Staff. He added that he would like to see in more detail the Staffs option. Ostenson asked for direction as to what the Planning Commission wanted to see. • He noted that time was very important. Kipp replied that the item could be reviewed again at the February 11th Planning Commission meeting and then be reviewed by the City Council at it's first meeting in March. Ruebling replied that he would like to see a plan depicting a 6' retaining wall versus a 10' wall. Ruebling added that he would like to see more detail on the tree loss for Staffs option. Bye concurred that she would like to see a detailed plan based on Staff s option. Ostenson agreed to prepare the plan as requested. Norman stated that she would abstain from the vote because of personal interest in property in this area. Hallett asked Staff if he should abstain because his son rented from Hoag the owner of one of the existing homes. Uram replied that at the February 11th meeting the other 2 members of the Planning Commission would be present and this would allow both Hallett and Norman to abstain if they chose to do so. C C MOTION I: Sandstad moved,seconded by Bye to continue the public hearing and direct Staff to publish the item for the February 19th City Council meeting. Motion carried 3-1-1. Hallett voted "NO"and Norman abstained. i _ MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Robert A. Lambert, Director of Parks, Recreation and Natural Resources FROM: Barbara Penning Cross, Landscape Architect DATE: February 28, 1991 SUBJECT: Supplemental Staff Report to January 25, 1991 Planning Staff Report for Welter's Purgatory Acres 6th Addition This project was reviewed at the Planning Commission January 28th and again February 1 lth. The project was denied;mainly,because of the proposed cul-de-sac,rather than a through road. Specific issues the Parks,Recreation and Natural Resources Commission should address are listed below: • TREE LOSS: This is a heavily wooded site with the dominate species being boxelder. Three hundred and forty four caliper inches of significant trees, mostly ash and oak, do exit on the site. Two hundred ninety four caliper inches, are proposed to be lost with the cul-de-sac plan. The loss of significant trees is higher than average with this development. The road connection from Welters 2nd Addition leads directly into the majority of significant trees on the site. Extending the road at all into the site will result in this tree loss. Large lots are one of the ways to eliminate tree loss,but this development already shows most lots exceeding one acre in size. A landscape plan • showing 294 caliper inches of replacement trees has been submitted based on the Tree Preservation Ordinance. If Welters Way is extended as a thru road,an additional 16% of trees will be lost. Five percent of these are considered significant according to our ordinance,the rest are boxelder. • DEER CORRIDORS/OUTLOTS: During development in the late 1970's and early 1980's, Outlots were dedicated to the City specifically for the movement of deer. There is no assurance that deer use these corridors rather than move at will through the neighborhoods. The corridor dedicated to the City in 1980 as part of Olympic Hills 6th Addition will be cut off by this proposed development; however,deer will continue to move through this large lot subdivision, from the creek corridor, through the golf course north to Anderson Lakes Park. SIDEWALKS AND TRAIL SYSTEMS: In the review of Welter's Purgatory Acres 2nd Addition a 5' concrete sidewalk was installed anticipating the connection to either Homeward Hills Road or Sunnybrook Road. Pedestrian • q'7y Welter's Purgatory Acres 6th Addition ( February 26, 1991 Page 2 sidewalk and trail systems already exist on each of these roadways. Extending a sidewalk via a thru road would provide safe access for children to reach Creekwood Park,their neighborhood park. This sidewalk connection will be cut off if the cul-de-sac is constructed. The dedication of Outlot A to the City connects this project with the future nature trail along the lower Purgatory Creek. This future creek trail would be the most direct way to the park, but it will not be hard surface and will not be developed until after the remaining Welter's property is developed. The shortcut along the creek leads people to cross Homeward Hills Road,a great distance from any controlled intersection. Although children could go along Homeward Hills Road,up to Sunnybrook Road,and to the park along the pedestrian system,the park is directly across the street. it is doubtful that the majority of crossings would be at an intersection but rather midway between them. The speed limit along Homeward Hills Road is 30 miles per hour, although,most cars travel faster on this section of road. A fence along the trail on the east side of Homeward Hills Road could serve to direct pedestrian crossings to the intersection of Sunnybrook Road. CONSIDERATIONS: The parks, recreation and natural resources staff would recommend that the City require accommodation for a hard surface pedestrian connection to the trail adjacent to Homeward Hills Road, either through an outlot to the adjoining City property,or via a thru street connection. The proposed trail along Purgatory Creek may not occur for many years, and staff would anticipate requests for pedestrian access to the park in the near future. There should be a plan for a safe crossing of Homeward Hills Road at the intersection with Sunnybrook Road. 'The major issue on the proposal is to weigh the policy on requiring thru streets against the policy of protecting trees and wetlands. The cul-de-sac does more to reduce impact on wetlands and tree loss. Although the majority of trees that would be lost are boxelder (not considered a significant tree), the City has always considered "tree mass" (no mater what type of tree), significant in establishing a neighborhood character, and therefore very valuable if it can be preserved. The Planning Staff Report provided a good list of the pros and cons for a cul-de-sac versus a through street. BPC:mdd welters/8 `f� d t �7/1157, GOb .r c C MEMORANDUM TO: Chris Enger, Director of Planning FROM: Scott A. Kipp,Planner DATE: February 12, 1991 SUBJECT: Welters Purgatory Acres 6th Addition Tree Loss Total trees on site 1,498" (Significant trees 344") 23% of total trees Cul-de-sac Design Tree Lose Total tree loss 850" 57% total tree loss (Significant trees 294") 85% significant loss Through Road Design Tree Loss Total tree loss 1,096" 73%total tree loss (Significant trees 312") 90%significant loss { Through Road v.s. Cul-de-sac Tree Lose 16% additional tree loss with through road 5%additional significant tree loss with through road TREEMO.SAK:bs H tI i ( 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 RI-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 E1 r/ This project was continued bythe Planning) l`":: / �' .. ,�� '��' I Commission on January 28, 1991 in order ; 4_, ' for the proponent to submit a plan which' -1 i. ;,�.•` 1 N c . I. . depicts a through road to Sunnybrook Road •�..� i .. :1 as required by previous City Council action. '�\' t "" „,.I`• ! • iri •.5 }' PROPOSED SITE Other concerns raised by the Planning. s. ,;,,11 Commission were road assessment to the / :' ' ~ two existing housing units, fire protection ;, r 1 1!— P ::*e••••,•:"�/4 �,,,. and tree loss. + "' it t. 1 .6•1.,:1*i .- :--' ,;.. �—� This plan will allow the Planning :r1il e•!••/ ' 'V.. Commission to decide if a cul-de-sac or , �. ' �y_ through road design is most appropriate for Lj:- Vt4i;• -1 .Sty; I-"�the site and surrounding neighborhood. � 'sy4.�'=�, ,..PUB . '4`:-�, �r -s'.•`.; :j ROADWAY ANALYSIS ` 1'"i- `•:./ fib. -�- r L'Vit% The through road plan submitted by the ? 1i cr" proponent depicts a 14 lot subdivision along i;( r ,_4., l--, ,. `` ;" a curvilinear road design with a maximum -.1t.lti 1t1;-::: RM 2.5 N\ .1 I t AREA LOCATION ' > )K]�� C ON MAP C 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 road 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 fire and other safety vehicles. q19 e .„ . .... ., -N. ...,..,,:::..N. -...„..- -‘Ii` t ttc, a,, . . ',.. ' gOtn 00A L ITEe It 7 rf .-."T 0' 7 ,_..,..1D%-rtoos Loss - t 5o ist#,Eri o o, tt- - ,%....Jo e 4 ,1 ,4,4,?1---._ .- . . 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' x ku ..„..,.-....„._____ 4_„ ,. ,,-.,\, •, ,\ tiiiiisk.s.,... ......-s-..._ -4,i, . zi . ...•.....• . _ _.... , . __. \ ' '''4'''‘ 114;.;fi A • Z ,-,, ' -j.:V.,?.:. •._ \., :Pssz.;---FAN‘‘‘'k\-,, . ‘...jr , • , .,\ .. T'li...;. . ‘.-P,- '' . . -...„. VR, \s. ••••.. <-- .. .1 • •• X• 's ii..... 1 1, ,1 .;‘,,,-qat,:•:,.1.4(,; ..,.. \ 44Zr . ." '•\ 1 ‘1•••(*AAA\ V:.•••.* \ • •,•...V•-•••-zo JRIEJ.i-:',%. trio . .,. ,._,.,.., . ..,...... . .. C - 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 within the City. AD A Dsk Dsk.AG.WL•LTER.6th TO: Scott Kipp Planning Department FROM: Spence Conrad ((((( QA. Fire Chief 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 traffic in the neighborhood, but from an emergency response point of view, they can cause problems. F 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 down the street (heart attack, for example), the ambulance would be delayed because of having only one way in and out. In 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. 0 E ➢YI i'. , * ( ( .*•4.... 10 ciatn.TY . I It t Mr • • Illit ilf.110, ../. •..-i , „ / I;.-- • . • .E\... /'./ ,..... • n ,- f... -,-- _,------7- .., -...../ s.., •;,... . , -1 --,_, -5, "F t• -A / ... ft .. ••• , • ..4.• ...‘4. 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' '!•• • ...46/' ',. . v...., , 1.4: :° -e A. • :t_ '21 3 •.... --'. /ifrO I 1,../ ' I iy.' 4. J..; V.) • ,, ...---------\w:.1/4.!:4 "..., z I it. 1 .V:. hit . 1 '• A i .1 i- t to, Z ..,..7..... i re •: • i i 0 :t MOM I e It. ,I .,.\- S 1 N . I;* - .---. J'. ; ----- . •el-Aux.^ \ iNta 44 71.'"- - ----- • {MCC V. 2 1... ' CC ••••• •••• .... .F... ;-----1 r-IIIII-tt ,,t/' • '.. V 'LS,Ibt- ... 0,,,,, .•- 'II .,. -- . -.• Ili I 4, .411 .,...'' ; • % .; ; ! s", N*, //f; * gip.- ---I- 1 i_No_ °,5% * , .13..Itizipoisi" i.e.. ,.. m. :i •••`Pg . i , • VI 4.11.1134::--4--.11-i-:•:11: \--1.1 \ I. - '. %1 '‘• ii -•ri 1 • 11 li . .1 ..... t r #...,IV. • .1 ,_/ 0• v ; ' . '••••`—i--S--i;—•i L .(.7,::1;•',.. . •••• ,...•r •t..," - --10, \ ICA,Z, .sittl. r-•r L .- c.,..) '-` 1 . I • . •• •••Itt • Illa II \ I' 11 ! . .4• A.. 1 .. *6. • , es• ( ( 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. BACKGROUND •: '-jR_ - i ?5 ?� J The Comprehnsive Guide plan depicts this T� �l• property as low density residential for up to i`Q:', 2.5 units per acre. The site is located north _I i, It of Welter's Way and south of Sunnybrook‘ ___,.5 . ti i'�j-5 j, Road. The site contains poor soils and a• 4,0, y.5.41. t DNR protected wetland on the east side. On h ` PROPOSED SITE the west side, suitable soils exist for road .��• 1 ; . and house construction with topography —IP :.300:cT 't iI •�.•••risnaneopprimatel835. , i1 ri°.0 :i i Z The site is heavily wooded. In 1986 the= : p; ;. - City Council approved Welter's Purgatory t,.j ' �•� Acres with a temporary dead end at Welter's<: - • 'tlt '' .T nr'�L% - Way to anticipate a through road connection; •`' 1 t "• } r , _"._ in the future. � P(JB• ' -4j"�� ` Y � 1`_ SITE PLAN �1� `/-/--\--`` +•-p II �•. r/ The proposal is to rezone the 10.95 acre site r) to R1-13.5 and plat 7 single family lots at a 1n•-tr( , density of 0.64 units per acre. All lots but -`''rt.i _rasa .R.y. \ � •1 I t-' t.rini 1 ili it •t �-°� ` _: 7 ` AREA LOCATION A y g ., • C t 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 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 loss 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 lot width design. GRADING AND DRAINAGE Grading is being limited to road construction, with individual lot grading to follow with home construction. Some herming 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 (" C • 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 easement for that portion of the private driveway that crosses the corner of proposed Lot 1. B. Submit conservation easement documents for DNR protected wetland#1008W. int) 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. • ' 1 (. ' i 1---- - - ------ re - ___ _ 'le q ,i 4, ........,,„ :::.>„_r.111•71; . ) '1 g ( - V.. 1111 \ . En 0 C •...... u) a) CI . FOPT I otJ 41 Ito P4° ........------- Cti--- X i %---- 6 1.0 CS 1 CC 0 0 \ 4 ------- > .... 1 7i`Z % c)i N.S.T. :)y.,\e" ,,/" 14••• as \-41- °.06/\ ‘% \ 'N a. N,w Elsa 7 ---' \ \ . .4 '. ..- 10 _;: MEMORANDUM TO: Planning Commission FROM: Jean Johnson, Zoning Administrator TIiROUGH: 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 1-Gen District is ambiguous and can be interpreted 2 ways. Therefore, Ordinance#3-91 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. MEM03-91.JJ:bs 4'30 s 3 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, 1991. Motion carried 5-0-0. VII. ADJOURNMENT MOTION: Bye moved, seconded by Norman to adjourn the meeting at 10:30 PM. Motion carried 5-0-0. J. Outside Storage and Displays. 1. In all Districts except I-G 1, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; provided, h , 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- pp.299-300 of mitted parking lot areas. 2. In Districts N-Com, C-Com, C-Reg, City Code C-Reg-Ser, C-Rwy and I-Gen, all materials, supplies, merchan- dise or other similar matter not on display for direct sale, 1 (redrafted in rental or lease to the ultimate consumer or user shall be 1 stored within a completely enclosed building within all of draft Or Commercial Districts, and within•tbe-confines•of screening as Of draft d.3-91) • required by the performance standards of this Chapter. 1 Merchandise which is offered far sale as described heretofore • may 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.l l of the ground floor area of the building housing principal use. No storage or display of any type shall be permitted within the one-half of the required front or side street setback nearest the street nor within any required interior side or rear setback. • p.310 of City • Code Subd. 2. Permitted Uses. (redrafted in A. Manufacturing, warehousing, wholesale, dis- Section 3 of tribution, processing, packaging, ling, compounding, and draft Ord.3-91) accessory uses, conducted within structures except in I-GEN where uses may include properly screened outside storage. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3 -91 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 y93 Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section S. 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 . MARCH 5,1991 13108 PETTY CASH EXPENSES-CITY HALL 64.02 13109 DONNA BROWN REFUND-SKI TRIP 22.00 13110 ROGER HARO REFUND-SKI TRIP 18.00 3111 ELAINE HOKE REFUND-SKI TRIP 22.00 .3112 MARY JOHNSON REFUND-BETWEEN FRIENDS TRIP-ADULT PROGRAMS 15.50 13113 CHRIS MEDIN REFUND-OUTDOOR CENTER RENTAL 37.70 13114 PAT MINTON REFUND-SKI TRIP 22.00 13115 COMMISSIONER OF REVENUE JANUARY 91 SALES TAX 18742.44 13116 TRANSPORTATION TECHNOLOGY TRANSFE CONFERENCE-STREET MAINTENANCE 30.00 13117 NCITE CONFERENCE-STREET MAINTENANCE 30.00 13118 MN RECREATION & PARK ASSN CONFERENCE-COMMUNITY CENTER 14.00 13119 MINNESOTA ASPHALT ASSN CONFERENCE-ENGINEERING DEPT 85.00 13120 U S WEST CELLULAR SERVICE 112.45 13121 DANA GIBBS SERVICE-PACKET DELIVERY 94.00 13122 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 155.00 13123 GREAT WEST LIFE ASSURANCE CO PAYROLL 2/8/91 5994.00 13124 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 194.76 13125 ICMA RETIREMENT TRUST-457 PAYROLL 2/8/91 2093.04 13126 INTERNAL REVENUE SERVICE PAYROLL 2/8/91 32.00 13127 INTL UNION OF OPERATING ENG FEBRUARY 91 UNION DUES 1105.00 ' 13128 MN TEAMSTERS CREDIT UNION PAYROLL 2/8/91 25.00 13129 EXECUTIVE DIRECTOR-PERA MARCH 91 LIFE INSURANCE PREMIUM 171.00 13130 EXECUTIVE DIRECTOR-PERA PAYROLL 2/8/91 34874.08 13131 UNITED WAY PAYROLL 1-11-91/1-25-91/2-8-91 676.75 13132 AIRSIGNAL INC -FEBRUARY 91 PAGER SERVICE-POLICE DEPT/ 353.50 FIRE DEPT/COMMUNITY CENTER 13133 CLIFFORD H CRACAUER JR SCHOOL-EQUIPMENT MAINTENANCE 317.70 13134 ROBERTS COMPANY INC FIRE PREVENTION SUPPLIES-FIRE DEPT 1.30 t3135 SHAWN MARTIN REFUND-UTILITY BILLING 131.00 3136 HEAVENLY HAM EXPENSES-HUMAN RESOURCES DEPT 25.00 13137 GORDON KLEHR SERVICE-HORSE RIDES-SPECIAL EVENTS PROGRAM 200.00 13138 GUARANTEE MUTUAL LIFE COt1PANY FEBRUARY 91 LIFE INSURANCE PREMIUM 2756.40 13139 MUTUAL BENEFIT LIFE FEBRUARY 91 DISABILITY INSURANCE PREMIUM 2782.25 13140 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 48.70 13141 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 868.30 13142 NORTHERN STATES POWER COMPANY SERVICE 12978.15 13143 NORTHERN STATES POWER CO SERVICE 3270.14 13144 PAULINE ANDERSON REFUND-SNOWSHOE HIKE-OUTDOOR CTR PROGRAM 5.0C 13145 JOHN CANAVAN REFUND-SKI TRIP 4.0C 13146 PATRICIA COLE REFUND-SWIMMING LESSONS 33.5C 13147 MARGARET DEHARPPORTE REFUND-SNOWSHOE HIKE-OUTDOOR CTR PROGRAM 15.0C 13148 KATHY FISHER REFUND-SKATING LESSONS 19.00 13149 VICTORIA GRECO REFUND-SKI TRIP 4.0C 13150 NANCY HANNEMAN REFUND-SWIMMING LESSONS 20.0C 13151 SUSAN HAUCK REFUND-SNOWSHOE HIKE-OUTDOOR CTR PROGRAM 10.0C 13152 DANAE KASBI REFUND-SKI TRIP 4.0C 13153 MARY KERNS REFUND-SWIMMING LESSONS 34.0C 13154 MAL KINOIG REFUND-SNOWSHOE HIKE-OUTDOOR CTR PROGRAM 5.0C 13155 ROBIN KRONICK REFUND-SKI TRIP 4.0( 13156 CHARLOTTE LEE REFUND-SKI TRIP 21.0( 13157 KRISTIN LEMKUHL REFUND-SKI TRIP 13.0( 13158 ROBERT IOVETT REFUND-SKI TRIP 4.0( 13159 SUSAN LUPO REFUND-SKATING LESSONS 19.0( 13160 SHERYL OLIN REFUND-SKI TRIP 18.0( '3181 CAMDI PHAN REFUND-WEIGHT TRAINING CLASS 18.0( 8861068 l 7a , MARCH 5.1991 13162 PATTI POIADIAN REFUND-SWIMMING LESSONS 17.00 13163 SHARON POSS -REFUND-SHOWSHOE HIKE & TALES OF 10.00 ADVENTUREOUS WOMEN-OUTDOOR CENTER PROGRAMS 3164 MURIEL PRELLI REFUND-SKI TRIP 17.00 13165 AUDRAE ROSENZWIEG REFUND-SNOWSHOE HIKE-OUTDOOR CTR PROGRAM 5.00 13166 MERIDITH SCHAFER -REFUND-TALES OF ADVENTUREOUS WOMEN- 5.00 OUTDOOR CENTER PROGRAM 13167 MARTA SCHULZE REFUND-EXERCISE CLASS 10.00 13168 VEIAPPAN SIVANANDAM REFUND-MEMBERSHIP FEE 73.32 13169 SHERYL TRAINOR REFUND-SWIMMING LESSONS 35.25 13170 KAREN WII,I,YARD REFUND-SWIMMING LESSONS 17.00 13171 VOID OUT CHECK 0.00 13172 MINNESOTA COMMERCE DEPT -NOTARY COMMISSION APPLICATION FEES- 20.00 ENGINEERING DEPT 13173 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 400.00 13174 MN CHAPTER IAA I DUES-POLICE DEPT 52.00 13175 HENNEPIN COUNTY TREASURER LICENSE-COMMUNITY CENTER POOLS 325.00 13176 HENN CO DIST COURT ADMINISTRATOR -DEPOSIT-TRAIL EASEMENT CONDEMNATION 3000.00 PROCEEDINGS 13177 MN CHAPTER IAA I CONFERENCE-POLICE DEPT 115.00 13178 HENNEPIN TECHNICAL COLLEGE SCHOOL-FIRE DEPT 253.75 13179 AT&T SERVICE 29.17 13180 AT&T CONSUMER PRODUCTS DIV SERVICE 126.65 13181 U S WEST CELLULAR SERVICE 417.20 13182 U S WEST COMMUNICATIONS SERVICE 4759.90 13183 CHUCK BARDWELL REFUND-CROSS COUNTRY SKI LESSONS 16.00 13184 DOROTHY BLOMQUIST REFUND-CROSS COUNTRY SKI LESSONS 8.00 13185 THOMAS BRENNAN REFUND-CROSS COUNTRY SKI LESSONS 32.00 13186 JOANNE DAWSON REFUND-CROSS COUNTRY SKI LESSONS 8.00 .3187 TERRY KRATOCHVIL REFUND-CROSS COUNTRY SKI LESSONS 16.00 13188 VIPIN KUMAR REFUND-CROSS COUNTRY SKI LESSONS 8.00 13189 CESAR MARTINEZ REFUND-CROSS COUNTRY SKI LESSONS 16.00 13190 GERMAINE SCHROEDER REFUND-CROSS COUNTRY SKI LESSONS 4.00 13191 JOHN SCHWECKE REFUND-CROSS COUNTRY SKI LESSONS 24.00 13192 THERESA SPANDE REFUND-CROSS COUNTRY SKI LESSONS 4.00 13193 JANET TAYLOR REFUND-CROSS COUNTRY SKI LESSONS 8.00 13194 JAN TITCHEN REFUND-CROSS COUNTRY SKI LESSONS 8.00 13195 JILL TULLY REFUND-CROSS COUNTRY SKI LESSONS 8.00 13196 CLAUDIA WAGNER REFUND-CROSS COUNTRY SKI LESSONS 16.00 13197 ATRIUM CAFE INTERNATIONAL TRIP & LUNCH-ADULT PROGRAMS/FEES PAID 197.44 13198 HOPKINS POSTMASTER POSTAGE-SENIOR NEWSLETTER 113.95 13199 EAGLE WINE CO WINE 2148.54 13200 GRIGGS COOPER & CO INC LIQUOR 11205.52 13201 JOHNSON BROTHERS LIQUOR CO WINE 16430.97 13202 MARK VII DISTRIBUTING COMPANY WINE 54.75 13203 ED PHILLIPS & SONS CO WINE 12161.45 13204 PRIOR WINE CO WINE 1943.31 13205 QUALITY WINE & SPIRITS CO LIQUOR 9471.15 13206 THE WINE COMPANY WINE 403.9C 13207 MARC THIELMAN EXPENSES-CITY HALL 22.4S 13208 MINNESOTA UC FUND 4TH QUARTER 90 UNEMPLOYMENT COMPENSATION 2827.9E 13209 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 155.0C 13210 FIRST BANK EDEN PRAIRIE PAYROLL 2/22/91 65916.4E 13211 COMMISSIONER OF REVENUE PAYROLL 2/22/91 13047.2E '.3212 GREAT WEST LIFE ASSURANCE CO PAYROLL 2/22/91 5994.00 15195837 '9sli � � MARCH 5.1991 13213 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 194.76 13214 ICMA RETIREMENT TRUST-457 PAYROLL 2/22/91 2096.72 '3215 INTERNAL REVENUE SERVICE PAYROLL 2/22/91 32.00 .3216 MN TEAMSTERS CREDIT UNION PAYROLL 2/22/91 25.00 13217 NORWEST BANK HOPKINS PAYROLLS 2/6/91 & 2/22/91 1140.00 13218 EXECUTIVE DIRECTOR-PERA PAYROLL 2/22/91 33564.13 13219 UNITED WAY PAYROLL 2/22/91 227.25 13220 A TO Z RENTAL CENTER TABLE & CHAIR RENTALS-FIRE DEPT 242.11 13221 ACE CHEMICAL PRODUCTS INC CLEANING SUPPLIES-EQUIPMENT MAINTENANCE 311.60 13222 AIRLIFT DOORS INC DOOR REPAIR-FIRE STATION 106.20 13223 AMERICAN PUBLIC WORKS ASSN DUES-ENGINEERING DEFT 265.00 13224 AMERICAN RED CROSS -RESCUE MANIKIN RENTALS/CPR VIDEOS/ 146.00 WORKBOOKS-POOL LESSONS 13225 ASCAP LICENSE FEE-ICE ARENA-COMMUNITY CENTER 412.50 13226 AMERIDATA -COMPUTER MAINTENANCE AGREEMENT- 457.20 ENGINEERING DEFT 13227 EARL F ANDERSON & ASSOC INC -FLASHER BRACKETS/BATTERIES/LENSES/BULBS/ 592.15 BARRICADE PANELS-STREET MAINTENANCE 13226 DON ANDERSON HOCKEY OFFICIAL/FEES PAID 120.00 13229 ARMOR SECURITY INC LOCK REPAIR-FACILITIES DEPT 66.15 13230 B & S TOOLS SOCKETS/VACUUM/DISCS-WATER DEPT 194.20 13231 GERALD J BARTZ -VOLLEYBALL/BASKETBALL & BROOMBALL 1297.00 OFFICIAL/FEES PAID 13232 VOID OUT CHECK 0.00 13233 BELL ATLANTIC TRICON LEASING CORP -MARCH 91 COPIER LEASE AGREEMENT-POLICE 356.66 DEPT 13234 TIM BLOCK BASKETBALL OFFICIAL/FEES PAID 124.00 13235 CITY OF BLOOMINGTON -JANUARY 91 ANIMAL IMPOUND SERVICES-ANIMAL 999.00 CONTROL DEPT 13236 TOBY BOYUM HOCKEY OFFICIAL/FEES PAID 103.00 13237 BOYUM EQUIPMENT INC PLOW FLASHING-EQUIPMENT MAINTENANCE 694.39 13238 LEE BRANDT HOCKEY OFFICIAL/FEES PAID 320.00 13239 BRISSMAN KENNEDY INC -CLEANING SUPPLIES/VACUUM CLEANER- 446.73 FACILITIES DEPT 13240 NATHAN D BUCK VOLLEYBALL & BROOMBALL OFFICIAL/FEES PAID 767.50 13241 BUCKINGHAM DISPOSAL INC MARCH 91 WASTE DISPOSAL-LIQUOR STORE 113.42 13242 BUREAU OF CRIMINAL APPREHENSION COMPUTER MAINTENANCE-POLICE DEFT 600.00 13243 CAPITOL COMMUNICATIONS ANTENNA CABLE/GLASS MOUNT-POLICE DEFT 114.50 13244 CENTRAIRE INC -CAR WASH HEATER REPAIR/1ST QUARTER 91 2529.19 HVAC MAINTENANCE AGREEMENT-FACILITIES DEPT 13245 CITY ENGINEERS ASSOC OF MN DUES-ENGINEERING DEPT 25.00 13246 JAMES CLARK FEBRUARY 91 EXPENSES-POLICE DEFT 200.00 13247 COLORPROOF PRINTING INC -PRINTING-COMMUNITY CENTER BROCHURE-PARK 3960.00 PLANNING DEFT 13246 COMM CENTER ANTENNAS-EQUIPMENT MAINTENANCE 62.96 13249 COMMERCE NOAA NCDC SUBSCRIPTION-WATER DEPT 15.00 13250 CONTINENTAL SAFETY EQUIP INC GOGGLES/SAFETY GLASSES-EQUIPMENT MAINT 137.91 13251 COOPERATIVE ASSN POWER LAMPS-STREET LIGHTING DEPT 33.00 13252 CORPORATE REPORT MINNESOTA SUBSCRIPTION-ADMINISTRATION 29.00 13253 CROWN MARKING INC STAMP REPAIR-BUILDING INSPECTIONS DEPT 20.70 13254 CULLIGAN - METRO SERVICE-OUTDOOR CENTER 29.90 13255 CURTAIN CALL COSTUMES ICE SHOW COSTUMES-COMMUNITY CENTER 2197.75 13256 CUSTOM AUTOBODY -REPAIR & PAINT 2 BLAZERS & PICK-UP TRUCK- 984.86 WATER DEPT 13257 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 1619.73t 5606043 } MARCH 5,1991 13258 CHAPIN PUBLISHING COMPANY LEGAL ADS-PARK PLANNING DEFT 36.00 13259 AUDIO VISUAL WHOLESALERS PROJECTOR LENS/CABLE-FORESTRY DEFT 614.85 13260 CRAIG W DAWSON MILEAGE/EXPENSES-ADMINISTRATION 17.00 ( 3261 DECATHLON ATHLETIC CLUB EXPENSES-MUNICIPAL LEGISLATIVE COMMISSION 550.59 13262 DECORATIVE DESIGNS JANUARY 91 SERVICE-CITY HALL 49.50 13263 DIRECT SAFETY CO DRIVER-WATER DEPT 43.00 13264 DAN & DANS MINUTEMAN PRESS PRINTING-SCHEDULES-COMMUNITY CENTER 235.65 13265 DRIVERS LICENSE GUIDE CO IDENTIFICATION CHECKING GUIDE-POLICE DEPT 19.45 13266 EASTMAN KODAK COMPANY -DECEMBER 90 & JANUARY 91 COPIER MAINT 571.79 AGREEMENT-CITY HALL 13267 EDEN PRAIRIE FIRE DEPT -EXPENSES-CATERING FOR CHRISTMAS PARTY- 1528.36 -$1175/GAS FOR SWEEPER/TROPHIES/DUES-$237/ -REIMBURSEMENT POP FOR CITY COUNCIL/SHRUBS/ EQUIPMENT REPAIR-FIRE DEPT 13268 DEB EDLUND MINUTES-PLANNING COMMISSION 125.00 13269 EGGHEAD DISCOUNT SOFTWARE COMPUTER SOFTWARE-PLANNING DEPT 426.00 13270 ELVIN SAFETY SUPPLY INC DOG REPELLANT-WATER DEPT 62.00 13271 CHRIS ENGER FEBRUARY 91 EXPENSES-PLANNING DEPT 206.80 13272 EPPA SERVICE-POLICE DEPT 43.00 13273 SANDRA FISHER COSTUMES-ICE SHOW-COMMUNITY CENTER 100.00 13274 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 548.20 13275 JOHN FRANE FEBRUARY 91 EXPENSES-FINANCE DEPT 200.00 13276 FREDRICKSON HEATING CO REFUND-OVERPAYMENT MECHANICAL PERMIT 10.50 13277 LYNDELL FREY -MILEAGE/VOLLEYBALL & BASKETBALL OFFICIAL/ 721.75 FEES PAID 13278 GENERAL MACHINING INC MODIFIED SHAFT-PARK MAINTENANCE 24.00 13279 GENERAL SAFETY EQUIPMENT CORP GASKET/CLAMP/FITTINGS-FIRE DEPT 245.43 13280 GOLD KEY SECURITY LOCK REPAIR-LIQUOR STORE 52.50 13281 THE GLIDDEN COMPANY PAINT-WATER DEPT 52.83 .3282 GOPHER OIL COMPANY JANUARY 91 SERVICE 82.50 13283 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAINTENANCE 3305.25 13284 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 109.00 13285 W W GRAINGER INC -BINS/OUTDOOR PAGER SPEAKER/KEY CABINET- 278.16 EQUIPMENT MAINTENANCE 13286 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 120.00 13287 GUNNAR ELECTRIC CO INC -INSTALLED BREAKER/REPLACED SWITCH- 405.17 FACILITIES DEPT 13288 MICHAEL W HAMILTON BROOMBALL & BOOT HOCKEY OFFICIAL/FEES PAID 450.00 13289 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 301.00 13290 HENN CTY DEPT OF PROPERTY TAX POSTAGE-VOTER REGISTRATION VERIFICATIONS 29.64 13291 HENN CTY COMMUNITY HEALTH DEPT -SERVICE-HEALTH CONSULTANT-CENTER CARE 60.00 PROGRAM 13292 HONEYWELL PROTECTION SERVICES -2ND QUARTER 91 SECURITY SYSTEM 441.31 MAINTENANCE AGREEMENT-LIQUOR STORE 13293 INDEPENDENT SCHOOL DIST tt272 -ROOM RENTAL-ADULT PROGRAM/ART & MUSIC 854.50 -PROGRAM/CLEANING SUPPLIES-SENIOR CENTER/ BUS SERVICE-SPORTS & OUTDOOR PROGRAM 13294 INDUSTRIAL LIGHTING SUPPLY INC FLUORESCENT BULBS-WATER DEPT 143.47 13295 INSTY-PRINTS -PRINTING-BUSINESS CARDS/BROCHURE/ 366.60 NEWSLETTER-POLICE DEPT 13296 INTL OFFICE SYSTEMS INC -FEBRUARY 91 COPIER MAINTENANCE AGREEMENT- 156.00 '. CITY HALL 13297 INTERSTATE DIESEL PRODUCTS INC GOVERNOR KIT-EQUIPMENT MAINTENANCE 224.1C 13298 GARY ISAACS -SOFTBALL & VOLLEYBALL OFFICIAL & 327.0C OFFICIALS COORDINATOR 1413790 y9 SC MARCH 5.1991 13299 JERRYS NEWMARKET EXPENSES--FIRE DEPT 111.68 13300 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPT 33.86 13301 JOHNSON CONTROLS -INSTALLED BOILER PRESSURE RELIEF VALVE- 177.88 COMMUNITY CENTER 13302 K MART 3052 FILM-POLICE DEPT 497.10 13303 SCOTT KESTI BASKETBALL OFFICIAL/FEES PAID 108.50 13304 KUSTOM SIGNALS INC RADAR UNIT-POLICE FORFEITURE-DRUGS 2205.00 13305 ROBERT LAMBERT -FEBRUARY 91 EXPENSES-PARK & RECREATION 200.00 DEPT 13306 LANG PAULY & GREGERSON LTD JANUARY 91 SERVICE-FLYING CLOUD LANDFILL 177.35 13307 LEEF BROS INC UNIFORMS-EQUIPMENT MAINTENANCE 145.60 13308 LOGIS JANUARY 91 SERVICE 14916.95 13309 LORENZ BUS SERVICE INC BUS SERVICE-ADULT PROGRAMS 82.00 13310 LUNDS EXPENSES-FIRE DEPT 22.72 13311 LYMAN LUMBER CO -TREATED LUMBER/SCREWS/PLYWOOD/TIMBERS- 217.9E STREET MAINTENANCE/PARK MAINTENANCE 13312 MACQUEEN EQUIPMENT INC -LEVER/DRAIN HOSE/TAILGATE SEAL/SWIVEL 1095.09 BALL JOINT/SWITCH/CORD-SEWER DEPT 13313 JEAN MATTIACCI VOLLEYBALL OFFICIAL/FEES PAID 60.00 13314 MBA DESKTOP PUBLISHING PLUS -TYPESETTING-SPRING BROCHURE-RECREATION 1030.00 -ADMINISTRATION/FLYER-ADAPTIVE RECREATION PROGRAM 13315 JULIA MCFADDEN -MILEAGE/EXPENSES-AQUATICS SUPERVISOR/ 46.80 RECREATION ADMINISTRATION 13316 MCGLYNN BAKERIES INC EXPENSES-FIRE DEPT 78.78 13317 MCGLYNN BAKERIES INC -EXPENSES-CITY HALL/POLICE DEPT/SENIOR 352.31 PROGRAMS/ADULT PROGRAMS 13318 MEDICINE LAKE LINES BUS SERVICE-ADULT PROGRAM 142.00 13319 MESSERLI & KRAMER -FEBRUARY 91 SERVICE-MUNICIPAL LEGISLATIVE 13500.00 COMMISSION 13320 METRO CHIEF FIRE OFFICERS ASSN DUES-FIRE DEPT 60.00 13321 METRO PAPER RECOVERY INC DUMPSTER RENTALS-FACILITIES DEPT 105.0C 13322 METRO SALES INC COPIER MAINTENANCE AGREEMENT-POLICE DEPT 291.0C 13323 MENA TREASURER DUES-POLICE DEPT 25.0C 13324 METROPOLITAN WASTE CONTROL COMMIS MARCH 91 SEWER SERVICE CHARGES 156146.0C 13325 KAREN MICHAEL EXPENSES/MILEAGE-HUMAN RESOURCES DEPT 87.9C 13326 MIDLAND EQUIPMENT CO STEEL PLATE-EQUIPMENT MAINTENANCE 43.6C 13327 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL 406.9C 13328 MINNESOTA BAR SUPPLY INC PUMP REPAIR/SUPPLIES-LIQUOR STORE 151.9E 13329 MINNESOTA BUSINESS FORMS BUSINESS CARDS-CITY HALL 351.71 13330 MN FOODSERVICE EQUIPMENT CO WATER TEST STRIPS-CENTER CARE PROGRAM 6.2E 13331 MNSF-METROPOLITAN REGION DUES-SENIOR PROGRAMS 70 0C 13332 MINNESOTA VALLEY CABINETS PET CONTROL BOX-ANIMAL CONTROL DEPT 270.0( 13333 MINNESOTA WANNER CO FITTINGS-FACILITIES DEPT 69.81 13334 MUNICI-PALS DUES-CITY EMPLOYEES 5.0( 13335 NATIONAL CAMERA EXCHANGE FILM-POLICE DEPT 69.4E 13336 NATIONAL COUNCIL ON AGING BOOKS-RECREATION SUPERVISOR 22.0( 13337 NATL RECREATION & PARK ASSN VIDEO-PARK & RECREATION DEPT 30.9E 13338 NORTHERN AUTOMOTIVE CORP AUTOMOTIVE PARTS-EQUIPMENT MAINTENANCE 23.1: 13339 NORTHERN TECHNOLOGIES INC SURGE PROTECTOR-EQUIPMENT MAINTNENANCE 1678.6( 13340 NORTHLAND BUSINESS COMMUNICATIONS FAX PAPER-CITY HALL 164.0( 13341 NORTHLAND ELECTRIC SUPPLY CO IGNITOR-STREET LIGHTING DEPT 152.01 13342 OFFICE PRODUCTS OF MN INC LABELS/TYPEWRITER REPAIR-CITY HALL 156.0( 13343 ORION RESEARCH INC LAB SUPPLIES-WATER TREATMENT PLANT 108.2` 13344 PC MAINTENANCE INC COPIER REPAIR-POLICE DEPT 60_0( 19575617 OS 0 MARCH 5,1991 13345 P&M MANUFACTURING CO HINGE-COMMUNITY CENTER 17.20 13346 PARK NICOLLET MEDICAL, CENTER STRESS TESTS/PHYSICAL EXAMS-FIRE DEPT 968.00 3347 PEPSI COLA COMPANY CARBON DIOXIDE TANKS-POOL OPERATIONS 60.00 13348 THE PINK COMPANIES -40 FOLDING CHAIRS-$760-RECREATION 820.00 SUPERVISOR/FLOOR MAT-PARK MAINTENANCE 13349 CITY OF PLYMOUTH SOFTBALLS-ORGANIZED ATHLETICS PROGRAM 54.00 13350 PRAIRIE ELECTRIC COMPANY INC -REPAIR RINK LIGHTS-$824-COMMUNITY CTR/ 892.95 REPLACED SURGE PROTECTOR-POLICE BUILDING 13351 PRAIRIE HARDWARE -EXTENSION CORDS/PAINT/CHAIN/SCRAPER/ 317.77 -SPRING/FUSES/COVER PLATE/BRUSHES/BLADES/ -LADDER/MASKING TAPE/VALVES/GARDEN HOSE/ PRY BAR-COMMUNITY CENTER 13352 PRAIRIE HARDWARE -PAINT/PAINT THINNER/BLADES SHARPENED/SAW 167.33 -BLADES/RUST REMOVER/HOOKS/CHAIN/BOLTS/ FILTERS/LIGHT BULBS/WINDOW KIT-PARK MAINT 13353 PRAIRIE HARDWARE PAINT/ROPE-STREET MAINTENANCE 74.26 13354 PRAIRIE HARDWARE -HOSE ENDS/TAPE/VALVE REPAIR/BATTERIES/ 475.32 -LIGHTERS/JOINT COMPOUND/SHELF BRACKETS/ KEYS/SOLDER-WATER DEPT 13355 PRO-TECH ARMORED PRODUCTS -NIGHT SHOCKER ENTRY LIGHT-POLICE 316.31 FORFEITURE-DRUGS 13356 JERALD F PRODEHL LICENSE-STREET MAINTENANCE 21.00 13357 PRAIRIE FEST DONATION-HUMAN SERVICES DEPT 2500.00 13358 R & R SPECIALTIES INC -INSTALLED DUMP BOX CABLE/REPLACED ZAMBONI 742.45 CYLINDER HEAD & FILTER-COMMUNITY CENTER 13359 RETAIL DATA SYSTEMS OF MN REPLACED CASH DRAWER-LIQUOR STORE 30.00 13360 ROAD MACHINERY & SUPPLIES CO REPAIRED LIFT TRUCK BASKET-EQUIPMENT MAINT 314.60 13361 JEFF RONNEBERG -BASKETBALL INSTRUCTOR-CEDAR RIDGE PROGRAM/ 260.00 FEES PAID 13362 R T ROOFING -INSTALLED 2 ROOFS-EAST STARING LANE & 4400.00 -PIONEER TRAIL-HOUSING REHABILITATION PROGRAM 13363 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 772.77 PARK MAINTENANCE/COMMUNITY CENTER 13364 SANCO INC -CLEANING SUPPLIES-FACILITIES DEPT/ 66.24 COMMUNITY CENTER 13365 SAVOIE SUPPLY CO INC CAR WASH SOAP-FIRE DEPT 150.00 13366 DENNIS SCHIMMEL VOLLEYBALL OFFICIAL/FEES PAID 180.00 13367 SEARS -DRIVER SOCKET SETS-$99-PARK MAINT/2 PING 599.62 -PONG TABLES-$500-ORGANIZED ATHLETICS PROGRAM 13368 SHAKOPEE FORD INC -WINDOW CONTROL SWITCHES & HOUSINGS/VALVES/ 421.80 ADAPTORS-EQUIPMENT MAINTENANCE 13369 STEVEN R SINELL FEBRUARY 91 EXPENSES-ASSESSING DEPT 207.50 13370 SIR SPEEDY PRINTING CENTER PRINTING FLYERS-PROGRAM SUPERVISOR 166.00 13371 RUSSELL SMITH ASSOCIATES INC SERVICE-TRAIL SYSTEM EASEMENT-PARK MAINT 750.0C 13372 W GORDON SMITH CO DIESEL FUEL-EQUIPMENT MAINTENANCE 5344.4E 13373 SNAP ON TOOLS CORP -HAMMER/U-JOINTS/BITS/SOCKET SETS- 200.8E EQUIPMENT MAINTENANCE 13374 EDWARD SORENSON BROOMBALL OFFICIAL/FEES PAID 285.0C 13375 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-COMMUNITY CENTER 36.8C 13376 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIQUOR STORES 107.1E 13377 STATE SUPPLY COMPANY FOOT VALVE-EQUIPMENT MAINTENANCE 46.1E 3378 EDWARD W STEFFNER BROOMBALL OFFICIAL/FEES PAID 120.00 ,3379 STOREFRONT/YOUTH ACTION INC -4TH QUARTER 90 YOUTH COUNSELING SERVICE- 2500.00 HUMAN SERVICES DEPT 2438560 13380 JOAN STRASBURG BASKETBALL OFFICIAL/FEES PAID 54.00 13381 BRAD SWANSON HOCKEY & BROOMBALL OFFICIAL/FEES PAID 730.00 13382 NATALIE SWAGGERT FEBRUARY 91 EXPENSES-HUMAN RESOURCES DEPT 200.00 13383 TENNANT COMPANY CABLE-PARK MAINTENANCE 10.55 13384 LIZ THOMPSON CPR LICENSE-CENTER CARE PROGRAM 25.00 3385 RANDY THOMPSON CONFERENCE-POLICE DEPT 25.00 13386 TIERNEY BROTHERS INC OFFICE SUPPLIES-POLICE DEFT 67.56 13387 TNEMEC CO INC RUST PROTECTOR-WATER DEPT 117.52 13388 TRIARCO ARTS & CRAFTS INC CRAFT SUPPLIES-CEDAR RIDGE PROGRAM 27.90 13389 TWIN CITY OXYGEN CO ACETYLENE-EQUIPMENT MAINTENANCE 15.79 13390 UNIFORMS UNLIMITED UNIFORMS-FIRE DEFT 128.65 13391 UNIFORMS UNLIMITED UNIFORMS-POLICE DEFT 4113.60 13392 UNIVERSITY OF MN CONFERENCE-CITY EMPLOYEES 2548.00 13393 VIKING AUTOMATIC SPRINKLER REFUND-OVERPAYMENT OF SPRINKLER PERMIT 10.00 13394 VICTORIA REPAIR & MFG PUMP STAND ANGLE-SEWER DEFT 18.00 13395 VOSS ELECTRIC SUPPLY COMPANY LIGHT BULBS-COMMUNITY CENTER 30.04 13396 WALDOR PUMP & EQUIP CO -REPLACED BASE ELBOWS IN LIFT STATION/ 1855.00 TRANSDUCER-SEWER DEFT 13397 KEITH WALL FEBRUARY 91 EXPENSES-POLICE DEPT 220.001i 13398 WATER PRODUCTS CO -TEST BALL/FIRE HYDRANT/GENERATORS/METERS- 1026.05 UTILITIES DIVISION 13399 WESTERN AREA TRAINING ACADEMY DUES-FIRE DEPT 1241.00 13400 ROBERTA WICK MINUTES-CITY COUNCIL 150.00 13401 JACK L WIEBKE BASKETBALL OFFICIAL/FEES PAID 31.00 13402 WORDPERFECT-THE MAGAZINE COMPUTER SOFTWARE-PLANNING DEFT 6.95 13403 WORDPERFECT MAGAZINE SUBSCRIPTION-PARK & RECREATION DEPT 18.00 13404 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-CITY HALL 62.15 13405 ZEP MANUFACTURING COMPANY -CHOKE & CARBURETOR CLEANER/PIPE SEAL/ 359.90 LUBRICANT-EQUIPMENT MAINTENANCE 13406 ZIEGLER INC PAINT-EQUIPMENT MAINTENANCE 55.00 12666 VOID OUT CHECK 82.94 .j ( .2871 VOID OUT CHECK 644.18 12909 VOID OUT CHECK 146.00 13060 VOID OUT CHECK 130.00 1214354 $545052.69 I r I r LICK- . DISTRIBUTION BY FUNDS 10 GENERAL 271533.43 15 LIQUOR STORE-P V M 37042.35 17 LIQUOR STORE-PRESERVE 32696.36 21 POLICE DRUG FORFEITURE 346.31 31 PARK ACQUIST & DEVELOP 3000.00 73 WATER FUND 19320.74 77 SEWER FUND 162662.91 87 CDBG FUND 4400.00 88 MUNICIPAL LEGISLATIVE 14050.59 $545052.69 yt/SC MEMORANDUM TO: Mayor and City Council FROM: Scott A. Kipp, Planner THROUGH: 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). 069 Memo Revised Hying 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 4gl) 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 (19B . r '` . "1 RD 1l FLYING CLOUD AIRPORT NOISE ABATEMENT PLAN 4119 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. f 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 co 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 an 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. Sr RULE II TRAFF_C 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 7). 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. • SG1 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 rumps 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. yf 1 'tiy 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 SC�S 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 about 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. �VU/ 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 vill be conducted at least once per month. During ocher 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 (17 1 APPROVED MINUTES FLYING CLOUD AIRPORT ADVISORY COMMISSION September 5, 1990 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 J 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. 3 510 Minutes Flying Cloud Airport Advisory Commission 1 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 } 1 l SI1 j