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HomeMy WebLinkAboutCity Council - 01/22/1985FINANCE DIRECTOR JOHN FRANE EDEN PRAIRIE CITY COUNCIL AGENDA TUESDAY, JANUARY 22, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie; Assistant to the City Manager Craig Dawson; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council Meeting held Tuesday, November 6 1984 B. City Council Meeting held Tuesday, November 20 1984 III. CONSENT CALENDAR A. Clerk's License List B. Approve advertising for bids for Frani° Park and Eden Valley Park C. 2nd Reading of Ordinance No. 138-84, adopting Appendix L an optional appendix to the State Building Code. D. Receive Bluffs West Vicinity storm sewer feasibility report and set public hearing for February 12, 1985 at 7:30 PM Wsolution No. 85-25) E. Change Order #1, County Road 1 Utility Improvements, I.C. 52-062 F. Receive petition for sanitary sewer improvements to serve Apple Groves and Paulsen's 2nd Addition and authorize preparation of a feasibility report, I.C. 52-061 (Resolution No. 85:5T G. Final Plat approval for Muirfie1d Addition (Resolution No. 85- 27 H. Final Plat approval for Muirfield 2nd Addition (Resolution No. 85-29) Page 172 Page 183 Page 194 Page 196 Page 197 Page 198 Page 199 Page 201 Page 203 Page 206 CITY COUNCIL AGENDA - 2 - TOES. ,JAN. 22, 1985 I. Preliminary and Final Plat Approval for Primeland 2nd Addition Page 209 TResolution No. 85-24 - Preliminary Plat; Resolution No. 85-28 - Final Plat) J. Set Public Hearing to consider Street name change, Birch Island Road between Edenvale Boulevard and County Rd. 67 for February 19 1985 at 7:30 PM K. Request for amendment to Developer's Agreement for the Hartford site L. Resolution No. 85-35, granting preliminary approval for Municipal Industrial Development Bonds in the amount of $1,700,000.00 for HBP Partnership (Roberts Litho) M. CITY WEST BUSINESS CENTER PHASES III & IV, by Ryan Construction. 2nd Reading of Ordinance #I24-84-PUD-11-84, Planned Unit Development District Review and Zoning District Change from Rural to P00-11-84-I-2-Park for 12.47 acres; Approval of Developer's Agreement for City West Business Center Phases III and IV, and Adoption of Resolution #85-33, Approving Summary of Ordinance #124-84-PUD-11-84 and Ordering Publication of said Summary. Location: North of Shady Oak Road, west of City West Parkway. (Ordinance #124-84-PUD-I1-84, Rezoning to PUD-11-84-I-2-Park; Resolution #85-33, Authorizing Publication of Summary) N. EDEN PRAIRIE APARTMENTS, by David Ames. 2nd Reading of Ordinance #I22-84, Amending Ordinance #24I within RM-2.5 District for 6.6 acres; Approval of Developer's Agreement for Eden Prairie Apartments; and Adoption of Resolution #85-34, Approving Summary of Ordinance #122-84 and Ordering Publication of said Summary. Location: North of Valley View Road, west of Golf View Drive. (Ordinance #122-84, Amending Ordinance #241 within RM-2.5 District; Resolution #85-34, Authorizing Publication of Summary) O. BLUFFS EAST 3RD ADDITION, by the Bluffs Company. 2nd Reading Page 242 of Ordinance #128-84, Amending Ordinance #107-84 for Zoning District Change from R1-13.5 to R1-9.5; Approval of Amendment to Developer's Agreement for Bluffs East 3rd Addition; and Adoption of Resolution #85-32, Approving Summary of Ordinance #128-84 and Ordering Publication of said Summary. Location: West of Franlo Road, east of Meade Lane. (Ordinance #128-84, Rezoning from R1-13.5 to R1-9.5; Resolution #85-32, Authorizing Publication of Summary) Page 220 Page 225 Page 226 Page 234 IV. PUBLIC HEARINGS A. BLUFFS WEST 5TH ADDITION by The Bluffs Company. Request for Toning District Change from R1-22 to R1-13.5 for 14.5 acres and Preliminary Plat of 14.5 acres into 32 single family lots. Page 1952 R2196 CITY COUNCIL AGENDA 3 TUES.,JAN. 22,1985 Location: South of Riverview Road, east of West Riverview Drive. (Ordinance No. 106-84 - Zoning; and Resolution No. 84-215 - Preliminary Plat) Continued Public Hearing from October 2, 1984. B. Public Hearing for the Removal of Diseased Trees on Private Property by City Contract (ResolutionNo. 6:Y1r C. Street name change: South Shore Drive between Ticonderoga Trail and Muirfield AdditioTTUFdinance No. 1-85) D. EASEMENT VACATION IN MUIRFIELD ADDITION (Resolution No. rig=yu)-- E. TRANSFER OF COMMUNITY DEVELOPMENT BLOCK FUNDS. Transfer of CDBG funds from a contingency account to acquisition of real property account for construction of senior housing V. PAYMENT OF CLAIMS NOS. 18056 - 18323 VI. ORDINANCES & RESOLUTIONS VII. APPOINTMENTS A. Health Officer - Appointment of 1 Health Officer for the year 1985. Appointment by Mayor with consent of Council. (continued from January 8, 1985) B. South Hennepin Human Services Council - Appointment of 2 Consumer Representatives to serve 2 year terms commencing 2/1/85 (continued from January 8, 1985) VIII. PETITIONS REQUESTS & COMMUNICATIONS A. Appeal by Welcome Home on decision of Board of Appeals & Adjustments to permit 18 unrelated U'ult residents in a family care home facility IX. REPORTS OF ADVISORY COMMISSIONS X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members 1. Set dates for Board of Review Meeting for Thursday, M2y 2, 1985 at 7:30 PM with reconvene on Tuesday, May 21 1985 at 6:30 PM B. Report of City Manager 1. Particiption in Joint Comparable Worth Study 'Resolution No. 85-36) Page 252 Page 260 Page 261 Page 264 Page 265 Page 272 Page 362 CITY COUNCIL AGENDA - 4 - TUES.,JAN. 22, 1985 C. Report of City Attorney D. Report of Director of Community Services I. July 4th Celebration XI. NEW BUSINESS XII. ADJOURNMENT Page 367 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 6, 1984 COUNCIL MEMBERS: CITY COUNCIL STAFF: INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: all members were present 8:00 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath & George Tangen City Manager Carl J. Jullie, Assistant to the i City Manager Craig Dawson, City Attorney Roger 1 Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser ' vices Robert Laribert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. COMMENDATION FOR PUBLIC SAFETY CAPTAIN KEITH WALL FOR BEING SELECTED OUTSTANDING CIVIL DEFENSE DIRECTOR Mayor Penzel read the letter of commendation which he then presented to Captain Keith Wall who was recently honored as the outstanding Civil Defense Director in the nine-county Twin City Metropolitan area. Also present was Director of Public Safety Hacking. II. MINUTES A. Minutes of the City Council Meeting held Tuesday, August 7, 1984 MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of the City Council Meeting held August 7, 1984, as published. Motion carried unanimously. B. Minutes of the City Council Meeting held Tuesday, August 28, 1984 page 5, para. 3, line 1: change "said he felt" to "questioned whether", City Attorney Pauly asked that it be noted the portion of the minutes relating to the David Brown appeal (page 13) are a summary of the testimony on that matter and additional facts are set forth in the summary of evidence (III. P. on the Agenda). There was a transcript made of the proceedings of that appeal. City Council Minutes -2- November 6, 1984 page 3, para. 9, last line: change that has not happened." to "he had not heard any evidence to that effect." MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, August 28, 1984, as amended and published. Motion carried unanimously. C. Approval of Agenda And Other Items of Business The following items were added: IX. B. 2. Bentley - Load limits on Prairie Center Drive and IX. B. I. Round-take Water Level. MOTION: Tangen moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Request for donation of Community Center Membership for Cahill Silent Auction B. Authorize to advertise for bids for tractor with loader C. Aprove Riley-Purgatory Creek Watershed District Agreement with Chanhassen and Eden Prairie on Lake Riley Study D. Approval of Lake Region Mutual Aid with Loretto Volunteer Fire Department E. Change Order #2, Flying Cloud Drive Improvements, I.C. 52-064 F. Agreement with Hennepin County for Federal-Aid Highway Improvement, CSAH 62 —(Ai-solution No. 84:-S7I G. Final Plat approval for Primeland 2nd Addition (Resolution No. 84-298) H. Resolution accepting Land Gift in the Westwood Industrial Park (Resolution No. 84-2.9') I. Resolution authorizing preparation of a Feasibility Report regarding the reconstruction of Preserve Blvd. between Prairie Center Drive and Anderson Lakes Parkway, I.C. 52-074 (Resolution No. 84-301) J. MUIRFIELD by Tandem Corporation/TCF Development Corporation. 2nd Reading of Ordinance No. 116-84-PUD-10-84, zoning district changes from Rural to R1-13.5 for approximately 11.0 acres and from Rural to R1-9.5 for approxi- mately 25 acres, approval of Developer's Agreement for Muirfield, and adop- tion of Resolution No. 84-289 approving Summary of Ordinance No. 116-84- PUD-10-84 and ordering publication of said Summary of Muirfield. 106 single family lots. Location: north side of Valley View Road, west of Park View Lane. K. EDEN COMMONS by the Chasewood Company. 2nd Reading of Ordinance No. 118-84, zoning districtchange from Rural to RM-2.5; approval of Resolution No. 84-290, approving Development Plans for Eden Commons. 196 multiple family residentidl units on 12.5 acres. Location: northwest corner of Franlo Road and Preserve Boulevard. City Council Minutes -3- November 6, 1984 L. SUPERAMERICA. 2nd Reading of Ordinance No. 119-84, zoning district change from Rural to C-Hwy and adoption of Resolution No. 84-291, approving Development Plan for Superamerica. 1.35 acres for Service Station/Con- venience Store. Location: southwest quardrant of County Road 4 and Highpay 5. M. PRIMETECH II by Prime Development. 2nd Reading of Ordinance No. 12-84- PUD-9-84, zoning district change from Rural to Commercial-Regional-Service, approval of Developer's Agreement for Primetech II, and adoption of Reso- lution No. 84-292, approving Summary of Ordinance No. 120-84-PUD-9-84, and ordering publication of said Summary of Primetech II. 1.0 acre for construc- tion of a day care center. Location: north of Shady Oak Road, east of City West Parkway. N. Approval of Snowdrifters State Grant for Trails (Resolution No. 84-302) O. Clerk's License List P. Summary of Evidence, Findings and Conclusions, and Order Re: David Brown Request for Variance No. 84-19 Q. BLUFFS EAST 3RD ADDITION by the Bluffs Company. 2nd Reading of Ordinance No. 107-84, zoning district change from Rural to R1-13.5 for 9.63 acres, approval of Developer's Agreement for Bluffs East 3rd Addition, and adop- tion of Resolution No. 84-288, approving Summary of Ordinance No. 107-84 and ordering publication of said Summary. 9.63 acres for 29 single family lots. Location: west of Franlo Road, south of Lee Drive. City Attorney Pauly noted that a transcript was made of the proceedings regarding Item P. on the Consent Calendar. Pauly noted that the attorney for David Brown has requested a rehearing on the matter. Penzel called attention to a letter from The Preserve Assocation relating to item K. on the Consent Calendar. MOTION: Redpath moved, seconded by Anderson, to adopt items A - Q on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. EDEN PRAIRIE APARTMENTS by David Ames. Request for zoning district amend- ment within RM-2.5 District and Preliminary Plat of 6.47 acres for 108-unit apartment building. Location: north of Valley View Road, west of Edenvale Golf Club (Ordinance No. 122-84 - zoning district amendment within RM-2.5 district and Resolution No. 84-293 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. City Council Minutes -4- November 6, 1984 David Ames, proponent, addressed the proposal. Planning Director Enger stated the request had been reviewed by the Planning Conmdssion at its meeting on October 15, 1984, at which time the Commission voted (4-1-1) to recommend approval subject to the findings contained in the October 11, 1984, Staff Report as amended. The Commission also recommended that Staff be asked to look into the reasons for the validity of not charging cash park fees for Edenvale and The Preserve. Director of Public Works Dietz indicated the need for additional right-of- way for Valley View Road and suggested that be an additional requirement or condition of approval of this request. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on November 5, 1984, at which time it voted to recommend approval subject to the recom- mendations included in the Planning Staff Report of October 11, 1984. Lambert noted that the Commissions' recommendation for approval did not necessarily mean that the road should be extended through the golf course. Bentley asked Enger to review the question of the location of the road through the golf course. Enger reviewed the plans for the extension of Golf View Drive and noted that it had not been determined whether or not that concept was still valid. Penzel stated that the residents who would be affected by such an extension had not been notified of tonight's Public Nearing; he indicated that any consideration of such a road connection would have to be considered by the Council at another date. Redpath said it was his understanding that the golf course would always be open space and would not be subject to development. Enger said the City's rights are to look at the original concept and the original POD. Penzel said the intention of the City at the time Edenvale was approved was that the golf course would remain as open space. This question was referred to City Attorney Pauly for further review. Pauly said to give an opinion with any validity would require that the documents be reviewed. Anderson expressed concern about the traffic on Valley View Road and the access to the remaining undeveloped property north and west of the property under discussion. Redpath said he would just as soon not see Golf View Drive extended through the golf course. Penzel said he would suggest that Planning Director Enger be directed to review the road access and that a review be done by City Attorney Pauly regarding the status of the golf course itself. The architect for the project reviewed the rationale for the building's design and indicated how measures had been taken to preserve the site. City Council Minutes -5- November 6, 1984 Penzel expressed concern regarding the massing which would be visible to the homeowners to the north and east. Anderson stated that Valley View Road cannot handle the volume of traffic which is on it now and questioned the reasonableness of increasing the amount of traffic which must use that road. Dietz indicated that improvements to Valley View Road are scheduled for 1987; he noted the primary problems are with the railroad bridge. Dietz said that 80% of the projected trips from this building are proposed to go to the east and would not significantly contribute to the existing problems which are largely to the west of the proposal. Dietz stated there will be signals installed at the railroad underpass this Fall. John Finch, 14124 Forest Hill Road, stated there is no way to know the impact of the Village Greens' traffic on Valley View Road yet. He said it takes 30 minutes to get from his home to the Community Center at 5 p.m. He asked that the Council withhold approval on this request until the effect of what is now under construction along Valley View Road is com- pleted. He indicated the quality of life is changing because of the number of apartment buildings in Eden Prairie. George May, attorney representing the Edenvale Golf Club, said there is a question regarding the safety of the children who will be playing in the area bordering the golf course and asked the Council to place a con- dition on the request -- that the proponent be required to build a fence along the property line so the children will not be on the golf course. Jo Wigen, 7000 Kingston Drive, requested the City notify residents of Golf View 6th Addition regarding future hearings relating to this proposal as well as the extension of Golf View Drive. Pat lenninger, 14355 Golf View Drive, said he concurred with the comments made by Finch. He stated he does not want to see the street or roadway, which will go into the proposal named Golf View Drive, Tangen asked what the present density was in Edenvale. Enger said it is about one third of what had originally been planned. Finch said the City is operating from a plan which is about ten years old and indicated it might be time to update the Guide Plan. Penzel noted that the City's commitment to the Edenvale Plan had been demonstrated because Edenvale was not included in the last update which was done. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 122-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 84-293, preliminary plat approval, including the recommendation regarding the dedi- cation of additional right-of-way for Valley View Road and that the roadway into this development be renamed. Motion carried with Anderson vnting "no." City Council Minutes -6- November 6, 1984 Anderson indicated the reason for his vote was due to his concern about the traffic conditions on Valley View Road -- a concern he has expressed all along. Bentley said that he agreed with Anderson and had requested that Valley View Road be placed on the Capital Improvements Program sometime during the next five-year period. Bentley noted that the City is still awaiting approvals from the railroad and that a feasibility study is in the works -- the question will come to down to money. Anderson posed the question, When do we stop adding traffic to Valley View Road before we fix the Road?" Redpath said the feasibility study should in- clude a large area which will then be assessed to pay for the Road. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations and noting the following: additional screening be worked out on the east and north portions of the building, that suitable fencing or a suitable boundary be worked out prior to 2nd Reading, and that the street name into this proposal be changed. Motion carried with Anderson voting "no." MOTION: Bentley moved, seconded by Redpath, that a statement of intent be adopted whereby this City Council indicates a road through the golf course is not necessary and that, if necessary, a road to the west be constructed to provide access to the property to the north and northwest of that under discussion. Tangen indicated he would vote "no" on the motion because it puts restraints on what another City Council might do. He said he felt it was premature to make this decision. Bentley said this is a statement of intent and is not legally binding. He said this would put other developers on notice and would have them look at other ways of getting in and out of that property. Penzel said he felt this would be an unwise action to take; it creates an illusion to those here tonight that might be misleading and which might be changed. VOTE ON THE MOTION: The motion was defeated: Bentley and Redpath voted "yes"; Anderson, Tangen and Penzel voted 'no," Anderson said he is opposed to crossing the golf course with a road; he concurred with the statements by Tangen and Penzel. MOTION: Anderson moved, seconded by Tanaen, to request City Attorney Pauly to look at the status of the golf course, to direct Planning Director Enger and Director of Public Works Dietz to look at the location of potential J railroad crossings to the north and the west. Motion carried unanimously. /11 City Council Minutes -7- November 6, 1984 B. COMPUTER DEPOT by Wilson Ridge Joint Venture. Request for zoning district amendment within 1-2 zoning district for Office/Warehouse use on 5.42 acres. Location: north Valley View Road east of Highway #169 (Ordinance No. 121-84 - zoning amendment within 1-2 District) City Manager Jullie stated notice of this Public Hearing had been pub- lished and property owners within the project vicinity had been notified. Dennis Doyle, Welsh Construction; Dan Russ, Welsh Construction; and Darrell Anderson, architect, were present and addressed various aspects of the request. Director of Planning Enger said this request had been reviewed by the Planning Commission at its meetings on September 24, 1984, and October 15, 1984, at which time the Commission voted (5-0) to recommend approval subject to the recommendations included in the October 12, 1984, Staff Report. Director of Community Services Lambert said this request had not been reviewed by the Parks, Recreation & Natural Resources Commission. Penzel asked what types of planting would be used to screen the loading docks. Darrell Anderson said the dock would be naturally depressed; 6' conifers would be used for further screening. Bentley asked about the building materials to be used. Enger explained there would be four separate materials -- those most in question were the cement board panels and the porcelain-coated metal panels. Darrell Anderson further addressed the materials. Penzel asked if these were allowed under the Building Code. Enger said he did not feel one of the products was clearly permitted. Bentley asked about the relative cost of the material. Darrell Anderson said the panels were comparable or a bit more expensive than brick. Tangen asked if variances would be required to allow the use of these materials. Enger said he thought it would be within the realm of the Council to approve these materials. Darrell Anderson indicated the metal panels are available in 600 standard colors. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance Nc. 121-84. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations; final determination of exterior materials will be determined prior to 2nd Reading. Motion carried unanimously. City Council Minutes -8- November 6, 1984 C. DIGIGRAPHICS SYSTEMS CORPORATION by Welsh Construction. Request for Comprehensive Guide Plan Amendment from Office to Industrial for 5.75 acres; Planned Unit Development Concept Amendment Planned Unit Development District Review and Zoning District Change from Rural to 1-2 for 5.75 acres for a corporate headquarters, office, research, assembly, storage facility. Location: northeast quadrant of Valley View Road and Highway 169 (Reso- luation No. 84-294 - Comprehensive Guide Plan Amendment from Office to Industrial and Ordinance No. 123-84 - zoning district change from Rural to 1-2) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Paul Dunn, project manager for Welsh Companies; Darrell Anderson, architect; and Damon Farber, landscape architect, addressed the request. Director of Planning Enger indicated the Planning Commission had reviewed this proposal at its meetings on October 15, 1984, and October 29, 1984, at which time it voted (4-0) to recommend approval subject to the recom- mendations included in the Staff Report dated October 26, 1984, and subject to plans dated October 26, 1984. Director of Community Services Lambert noted the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on November 5, 1984, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report and those included in the November 1, 1984, Supplementary Staff Report. The Commission had discussed the trail corridor at length. Anderson asked who would pay for the trail. Lambert said the City would. Anderson asked who would conduct the tree inventory for the City. Enger said the Planning Department would be responsible for that. Anderson asked about the creek crossing. Director of Public Works Dietz indicated there is a box culvert now under construction. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-294, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to give 1st Reading to Ordinance No. 123-84. Motion carried unanimously, MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations, Motion carried unanimously. Redpath said he thought Staff and Welsh representatives should be commended for their work on this proposal. Tangen said he thought it was nice to see a development come in as proposed and said he appreciated the sensitive treatment given this area. '29 City Council Minutes -9- November 6, 1984 Enger called attention to a letter dated November 5, 1984, from Brad Bainey, Welsh Construction Corp., which asked that permission be granted so the Digigraphic's site could be graded prior to 2nd Reading and prior to formal issuance of a "regular" grading permit. (Letter attached.) MOTION: Bentley moved, seconded by Redpath, to allow grading to take place as outlined in the November 5, 1984, letter from Brad Bainey of Welsh Construction Corporation. Motion carried unanimously. D. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $3,800,000-YOR DIGIGRAPHICS (Resolution No. 84-303) City Manager Jullie indicated notice of this Public Hearing had been published and that the proponent had requested this be continued. MOTION: Bentley moved, seconded by Redpath, to continue action on this item to the December 4, 1984, meeting of the City Council. Motion carried unanimously. E. CITY WEST BUSINESS CENTER PHASES III & IV by Ryan Construction. Request Tor Planned Unit Development Concept Amendment of City West Planned Unit Development, Planned Unit Development District Review of 15.91 acres and Zoning District Change from Office to 1-2 for 12. 63 acres, and prelimin- ary plat of 12.63 acres into two lots. Location: north of Shady Oak Road and west of City West Parkway (Resolution No. 84-295 - Planned Unit De- velopment Concept Amendment to City West PUD; Ordinance No. 124-84-PUD-11-84 - PUD District and Zoning from Rural to 1-2; and Resolution No. 84-296 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Pat Ryan, vice president of Ryan Construction, reviewed the proposal. Planning Director Enger stated this request had been reviewed by the Planning Commission at its meetings on October 15, 1984, and October 29, 1984. The Commission voted (4-0) to recommend approval subject to the recommendations included in the October 12, 1984, and October 26, 1984, Staff Reports. This request was not reviewed by the Parks, Recreation & Natural Resources Commission. Bentley asked if office zoning would be more appropriate here. Enger said light assembly is not permitted in the the office zone and therefore was not appropriate. Redpath said the Council should discuss a high-tech zoning classification with the Planning Commission. City Council Minutes -10- November 6, 1984 MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-295, approving the City West Business Center Phases III and IV Planned Unit Development Concept Amendment to the City West Planned Unit Development Concept, Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to give 1st Reading to Ordinance No. 124-84, rezoning. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 84-296, approving the preliminary plat of City West Business Center, Phases III & IV, for Ryan Construction; and to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations. Motion carried unan- imously. F. RIGHT-OF-WAY VACATION ADJACENT TO EDENVALE 9TH ADDITION (Resolution No. 84-300) City Manager Jullie indicated that notice of this Public Hearing had been published. Director of Public Works Dietz stated that the City will receive new right-of-way for the future Valley View Road railroad crossing in return for the vacation of the right-of-way under discussion. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-300, vacating the right-of-way for Valley View Road in Edenvale 4th Addition. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 16566 - 16859 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos, 16566 - 16859. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS There were none. VIII. APPOINTMENTS A. Appointment of member to the Historical & Cultural Commission to fill an unexpired term to 2/28/86 MOTION: Redpath moved, seconded by Anderson, to appoint Mrs. Gayle Olson as a member of the Historical & Cultural Commission to fill an unexpired term to 2/28/86. Motion carried unanimously, City Council Minutes -11- November 6, 1984 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Set date for Joint Meeting with Planning Commission MOTION: Anderson moved, seconded by Bentley, to set a Joint Meeting of the City Council and Planning Commission for 7:30 p.m., Tuesday, December 12, 1984, in the School Administration Boardroom, 8100 School Road. Motion carried unanimously. 2. Bentley - Load limits on Prairie Center Drive Bentley asked if load limits might be implemented on Prairie Center Drive. City Manager Jullie said it is rather difficult to remove truck traffic from State Aid routes. MOTION: Bentley moved, seconded by Redpath, to direct Staff to look into this matter, Motion carried unanimously. B. Report of City Manager 1. Round Lake Water Level Penzel and Director of Public Works Dietz reviewed the high-water situation MOTION: Redpath moved, seconded by Bentley, to authorize Staff to rent a pump (up to $4,000 expenditure) to lower the lake level at Round Lake. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. C. Report of City Attorney There was none. X. NEW BUSINESS There was none. XI. ADJOURNMENT MOTION: Tangen moved, seconded by Anderson, to adjourn the meeting at 11:15 p.m. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 20, 1984 COUNCIL MEMBERS: CITY COUNCIL STAFF: INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: all members were present 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath & George Tangen City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IV. A. add (Resolution No. 84-308); III. B. Authorization for Reynolds Printing MIDB project application to the Minnesota State Competative MIDB Pool; IX. B. 1. Watershed District Report; IX. B. 2. January 1585 Meetings of the City Council; and IX. A. 1. - Bentley - Museum Project. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. Minutes of City Council Meeting held Tuesday, September 4, 1984 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, September 4, 1984, as published. Motion carried unanimously. B. Canvassing Board Minutes from Meeting held Thursday, November 8, 1984 MOTION: Tangen moved, seconded by Bentley, to approve the Minutes of the Canvassing Board held Thursday, November 8, 1984, as amended and published. Motion carried with Redpath abstaining. / City Council Minutes -2- November 20, 1984 III. CONSENT CALENDAR A. Final Plat approval for MN-TX Business Campus (Resolution No. 84-306) B. Authorization for Reynolds Printing MIDB project application to the Minnesota State Competative MIDB Pool MOTION: Bentley moved, seconded by Anderson, to approve items A & B on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. TEFRA Hearing for McGlynn Bakeries project in the amount of $400,000.00 City Manager Jullie indicated notice of this Public Hearing had been published. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-308, amending preliminary approval of a proposed industrial development project by McGlynn Bakeries, Inc. under the Municipal Industrial Development Act and authorizing submission of an application to the Minnesota Energy and Economic Development Authority for approval thereof. Motion carried unanimously. B. TEFRA Hearing for Computer Depot Project in the amount of $3,400,000.00 City Manager Jullie stated notice of this Public Hearing had been published. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing. Motion carried unanimously. C. TEFRA Hearing for Edenvale II Apartments in the amount of $2,750,000.00 City Manager Jullie said notice of this Public Hearing had been published. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing. Motion carried unanimously. D. TECH THREE by Technology Park Associates. Request for zoning district change from Rural to 1-2 and Preliminary Plat of 4.35 acres into one lot. Location: south of West 70th Street, west of Washington Avenue. (Ordi- nance No. 125-84 - zoning district change from Rural to 1-2 and Resolution No. 84-304 - preliminary plat) nt/ City Council Minutes -3- November 20, 1984 City Manager Jullie stated notice of this Public Hearing had been published and adjacent property owners had been notified. Brad Hoyt, proponent, addressed the proposal. Planhing Director Enger said this request had been reviewed by the Planning Commission at its October 29, 1984, meeting at which time the Commission voted to recommend approval subject to the findings included in the October 26, 1984, Staff Report and with the additional recommendation that a sidewalk be installed on the north side of West 76th Street for pedestrian circulation. Enger said the Commission urged that this sidewalk be extended through Tech One and Two at the same time as the sidewalk is constructed in Tech Three and that this eventually be extended to Golden Triangle Drive. The Commission recommended that a 5' concrete sidewalk be constructed on one side of the street and a bituminous trail on the other side, There was no report from the Parks, Recreation & Natural Resources Commis- sion. Bentley asked what the status is of the traffic study for this area. Enger said he had reviewed the preliminary computer runs with the City's consul- tant at BRW. The areas of concern have been identified. Enger noted that suggestions as to what the City might do and suggestions for improvements will come in the next few weeks. Enger.said he would like to see this finished soon as Vantage Corporation wants to examine it before coming before the Council with its master plan. Bentley asked if there might be traffic situations that would have an impact on the area under discussion which should be brought out prior to approval. Enger said there are no problems anticipated with Techs One, Two and Three. Enger noted that Hoyt is requesting release from the dedication of right-of-way for Golden Triangle Drive at this time with this phase; Enger explained there is not the need for the right-of-way at this time. Tangen said he thought that was a logical request since there was no direct effect on Golden Triangle Drive; he stated that any extension beyond this point should be included however. There was further discussion on the traffic study. Enger noted that the City had commissioned the study; it had originally been thought that the developer would do this. Hoyt said he will be coming before the City Council with a PUD once the traffic study is done. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 125-84. Motion carried unanimously. City Council Minutes -4- November 20, 1984 MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 34-304, approving the preliminary plat of Eden Prairie Technology Park, Phase III for Hoyt Development. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement as per Commission and Staff recommendations including the construction of sidewalks on the north side of West 76th Street with an extension of the sidewalk through Techs I and II and with the postponement of the dedication of right-of-way for Golden Triangle Drive until a traffic study is completed and recommendations have been made. Motion carried unanimously. E. EDEN PRAIRIE ATHLETIC CLUB by William O. Naegele, Trustee. Request for FraTiie-a-Unit Development District Review of 17.7 acres and zoning district change from Rural to Commercial Regional Service for 10.11 acres for an indoor-outdoor athletic and fitness center. Location: Prairie Center Drive at Singletree Lane. (Ordinance No. 126-84-PUD-12-84 - zoning district change from Rural to Commercial Regional Service and PUD District Review) City Manager Jullie indicated notice of this Public Hearing had been published and property owners with the project vicinity had been notified. Don Brauer, spokesman for the proponents; Greg Lappin; and Brian Clots, architect, were present to address the request. Planning Director Enger said the Planning Commission had reviewed this request at its meeting on October 29, 1984, at which time it voted (3-1-1: Johannes was uncomfortable with the bubble and Torjesen abstained) to recommend approval subject to the findings included in the Staff Report dated October 26, 1984. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on November 5, 1984, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report and the Supplementary Staff Report dated November 1, 1984. Lambert noted there was discussion as to how this fits in with the park master plan for that area. There was concern expressed regarding the trail easement. The Commission also asked for a one-year guarantee on landscaping. Bentley asked what the color would be of the roof over the permanent tennis courts. Enger said that had not been determined. Brauer said he would like to work with Staff regarding this. Brauer indicated the materials they are looking at are like those which were used on the Public Safety Building; the color range is wide. Anderson asked where the City stands regarding bubbles, Enger said the City had approved one in the past -- for the Vikings; that bubble sits down on the site and is not especially prominent and serves a special need. Enger pointed out that no policy had been established in this regard. City Council Minutes -5- November 20, 1984 Redpath asked about dedication of park land. Brauer reviewed what they would like to do on their land; he said they would intend to plat and donate some land in the vicinity of the parking lots and they would prefer to coordinate the location of the paths with the City. Bentley asked if the entire parcel west of Prairie Center Drive was to be rezoned. Enger said only this parcel would be rezoned. Bentley asked if the street would be a public street. Brauer said they have not considered that a public street but rather a private street. Enger said this issue can be resolved between 1st and 2nd Readings of the Ordinance. Anderson and Bentley said they would like to see that done and they would like it to be a public street. Penzel asked about the location of the parking. Brauer said there would be some parking at the 824' contour which he considers to be suitable primary parking because he does not feel water will ever come to that contour. Penzel said he felt a meandering shoreline was being created for aesthetic purposes. Bentley asked if the City was seeking dedication of the roadway for public right-of-way, Enger said the fate of the parcel to the north had not been determined. He indicated the City might move to reserve that parcel but nothing had been done on that yet. Lambert reviewed the recommendation of the Parks, Recreation & Natural Resources Commission; before another development comes in the Commission would like to see a major access to the floodplain established, Bentley said he felt that, according to Brauer, the City had someone who was willing to dedicate the land for the right-of-way. He suggested that the rezoning be changed prior to 2nd Reading to reflect the dedication. Tangen asked about the use of the temporary bubble -- when and for how long would it be up, Brauer said it would be in use from October to May. Lappin said it would probably be up from the second week in September to the 1st week in May. He stated the bubble comes in 4 sections and would be stored on the south side of the permanent structure. Tangen asked if it would be visible in the summertime while it was in storage. Brauer said it would be behind a cover so it would be protected from the sun. Tangen expressed concern about the visual impact from the south. Lappin said the tennis court screens are about 12' and would act to screen the storage. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 126-84, Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations and including the dedication of the street right-of-way, indicate prior to 2nd Reading what is going to be to the south. Motion carried unanimously. City Council Minutes -6- November 20, 1984 Brauer asked that the Council grant footing and foundation permits prior to 2nd Reading. There was discussion on the procedure to be used in this instance. Enger noted that the Summary Resolution can be structured so as to include review by the City Council of any and all concerns prior to issuance of a building permit. Anderson said that solution would satisfy him. MOTION: Anderson moved, seconded by Bentley, to accept the recommendation of Staff. Bentley said he felt if this were a procedural question it would not be a problem. He noted that this is why the Council has granted grading permits in the past. Bentley said he did not have a problem with the site or the structure but was concerned and had questions regarding the aesthetics. He said if Staff was comfortable with this he would go along with it. VOTE ON THE MOTION: Motion carried with Tangen and Penzel voting "no." (Tangen said his no was based on procedure; he was not comfortable with doing this prior to 2nd Reading.) F. BLUFFS EAST 3RD ADDITION by the Bluffs Company. Request for zoning district change from R1-13.5 to R1-9.5 for 9.63 acres for 29 single family lots. Location: west of Franlo Road, south of Lee Drive (Ordinance No. 128-84 - amending Ordinance No. 107-84 and rezoning from R1-13.5 to R1-9.5) City Manager Jullie stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified. Sally Brown, 10080 Bennett Place, indicated she had attended the last meeting of the Watershed District. She said the decision of the District was to go no further with the developer in the Bluff's area until there is a solution to the run-off problem. Brown had photos which she had taken of the area and these were reviewed by the Council. Director of Public Works Dietz said this problem is under examination by several agencies. There was no one present to represent the proponent. MOTION: Bentley moved, seconded by Redpth, to continue this Public Hearing to December 4, 1984. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to review the entire Bluffs East area for drainage and erosion problems and to make certain that erosion controls are adequate and to report any violations. Motion carried unanimouSly. City Council Minutes -7- November 20, 1984 V. PAYMENT OF CLAIMS NOS. 16860 - 17194 MOTION: Redpath moved, seconded by Bentley, to approve the Payment o f Claims Nos. 16860 - 17194. Roll call vote: Anderson, Bentley, Redpa t h , Tangen and Penzel voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 127-84, Imposing a fee for the disposal of Solid Waste, effective 1/1/85 MOTION: Bentley moved, seconded by Redpath to give 1st Reading of Ordinance No. 127-84. Motion carried unanimously. B. Resolution No. 84-305 for the Final Approval of Municipal Industrial Development Bonds in the amount of $3,400,000.00 for Computer Depot MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No. 84-305, providing for the issuance and sale of a revenue bond pursuan t to the Minnesota Municipal Industrial Development Act to provide funds to be loaned to Computer Depot, Inc., a Minnesota Corporation, for a commercial project and approving the disbursing agreement, loan agreem e n t , assignment and pledge of loan agreement, combination mortgage, secur i t y agreement, and fixture financing statement, and assignment of rents and leases. Motion carried unanimously. C. Resolution No. 84-307 for Final Approval of Housing Revenue Bonds in the amount of $2,750,000.00 for Edenvale II Apartments MOTION: Anderson moved, seconded by Penzel, to adopt Resolution No. 84-307, authorizing the issuance of the $2,700,000 Housing Developmen t Revenue Note (Eden Investments Partnership Project), Series 1984, of t h e City of Eden Prairie, Minnesota, which note and the interest thereon shall be payable solely from the revenues pledged thereto; prescribin g t h e form of and authorizing the execution of a loan agreement and a pledg e agreement; prescribing the form of and authorizing the execution of a disbursing agreement; authorizing the execution and sale of the note and directing delivery thereof; prescribing the form of and authorizing the execution of a regulatory agreement; authorizing the forms of a com - bination mortgage, security agreement and fixture financing statement, a n assignment of leases and rents, and a declaration of restrictive covena n t s ; and providing for the security, rights and remedies of the holders of said revenue note. Motion carried unanimously. City Council Minutes -8- November 20, 1984 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Thomas J. Esser, Executive Director of South Hennepin Human Services Council, to appear before the Council This item was continued to a December meeting of the City Council. B. Request from Douglas E. Reuter for change in the City Code relating to garbage containers City Manager Jullie called attention to a November 13, 1984, letter from Mr. Reuter which was in the Council packet. MOTION: Bentley moved, seconded by Tangen, to approve the suggestion of Reuter and to direct the City Attorney to draft an amendment to the City Code. Motion carried unanimously. C. equest_tly Eden Commons Apartment Project (Chasewood) for a Public Offering OT—ffousing Revenue Bonds in the amount of $13,500,000.00 without a letter of credit Jerry Hertel, Juran & Moody, Inc., was present to address the action. He said that since the original Public Hearing on this the proposal has been further analyzed and it is felt this project can be done without the usual credit enhancement because this company has had unusual success. Hertel said the project will be managed by a subsidiary of Trammel Crow Co. Redpath asked how much a letter of credit would cost. Hertel said about 2% annually; a credit rating must also be obtained from Moody's and Standard & Poor's. Bentley said he has never liked housing revenue bonds and said he could not support this without a letter of credit, Redpath concurred. Hertel noted that credit enhancements were not necessary prior to 1980. At that time the economy was on a downturn; it is not as necessary with today's economy. Dan Sheehan, Chasewood Company, indicated that Trammel Crow has $6 billion in assets; the Chasewood Company has done $600 million in these transactions in the Midwest. He said they do provide a full guarantee through the con- struction period as well as for a full two-year period afterwards. Tangen asked what was the duration of the bonds. Hertel said they would have a 30-year amortization. Sheehan said there would be a 69% loan to value as opposed to the usual 75 - 80%. Sheehan said their management company has a 94% occupancy. MOTION: Redpath moved, seconded by Bentley, to deny the request without a letter of credit. / 90 City Council Minutes -9- November 20, 1984 Bentley said that although he is confident in the Twin Cities' economy he did not want to see a precedent set. Hertel asked if the Council would be willing to allow a private placement of these bonds. Penzel said the Council had not opposed private placement in the past. MOTION WITHDRAWN WITH THE CONSENT OF THE SECONDER. City Attorney Pauly said a letter of credit would not be required if this were to be accomplished on a private placement basis. MOTION: Tangen moved, seconded by Redpath, to not require a letter of credit for the Eden Commons Apartment Project (Chasewood) for $13,500,000.00 of Housing Revenue Bonds only if this is a private offering. Motion carried with Penzel voting "no." VIII. APPOINTMENTS A. Appointment of members to the Recycling Advisory Committee City Manager Jullie noted the November 16, 1984, memorandum from Assistant to the City Manager Dawson in which this was addressed. MOTION: Redpath moved, seconded by Tangen, to appoint the following to the Recycling Advisory Committee: "Pinky" Bramwell, Virginia Gartner, Carlton Moore, James Osberg, Mike Pauling, Doug Reuter, Kathy Webster, Jerry Kingrey and Jesse Schwartz, Jr.; as well as representatives of Eden Prairie Trashtronics and Woodlake Sanitary Service/Browning-Ferris. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley - Museum Project Bentley reported that the Eden Prairie Foundation had requested Hennepin County stub in utilities to that portion of the new library building which would be used as a Museum. The County has said it is unable to do so and has stated it would cost $14,000 to do so. Bentley asked if the City Council would be willing to participate in this; would the Council be willing to "front-end" the money. The Foundation Board of Directors would then pay back the money over a period of a couple of years. The consensus was to have Bentley further examine this possibility as the Council would be willing to "front-end" the Museum. 111 City Council Minutes -10- November 20, 1984 B. Report of City Manager 1. Watershed District Report City Manager Jullie stated the Watershed District has asked the City •to come back with a specific proposal regarding the Round Lake water level problem. He noted the Watershed District has usually contributed 50% of the cost of such a project. Penzel said he felt this was worth looking into. Anderson said he would like to see any proposal come back before the Council. MOTION: Bentley moved, seconded by Redpath, to pursue a cost sharing arrangement with the Watershed District regarding the water problem at Round Lake. Motion carried unanimously. 2. January 1985 Meetings of the City Council City Manager Jullie noted the first Tuesday in January falls on a holiday and there are five Tuesdays in January in 1985, MOTION: Redpath moved, seconded by Bentley, to schedule the regular meetings of the City Council on the 2nd and 4th Tuesdays in January which would be January 8, 1985, and January 22, 1985. The meetings will be held in the School Administration Boardroom at 8100 School Road. Motion carried with Tangen and Penzel abstaining. 3. Christmas Eve City Manager Jullie suggested the Council might wish to close City Hall for the entire day on Christmas Eve, December 24th, He said that City employees are given a half day of vacation for use on Christmas Eve and since that day falls on Monday this year, it might be a good idea to allow employees to take the entire day as a vacation day and have City Hall closed. MOTION: Tangen moved, seconded by Anderson, to close City Hall on December 24, 1984, with employees allowed to use a vacation day. Motion carried unanimously. C. Report of City Attorney City Attorney Pauly outlined what has been the procedure regarding Guide Plan amendments. He said he felt it would be appropriate to ask the Attorney General for an opinion. The Council directed that Pauly do so. City Council Minutes -11- November 20, 1984 D. Report of Community Services Director 1. Community Center Water Problems Director of Community Services Lambert addressed his memorandum bf November 14, 1984, MOTION: Tangen moved, seconded by Anderson, to authorize Staff t o enter into a contract with Twin City Testing as outlined in Lambe r t ' s November 14, 1984, memorandum. Roll call vote: Anderson, Bentle y , Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. E. Report of Director of Public Works 1. Winter sanding procedures Director of Public Works Dietz spoke to his memorandum of November 15, 1984, in which he outlined winter plowing and sanding procedures. The consensus of the Council was to accept Dietz's recommendations as outlined in his memorandum. X. NEW BUSINESS There was none. The Council adjourned to a private session at which time City Att o r n e y P a u l y s p o k e with Council members regarding litigation -- specifically, The Ci t y v s . T e r r y Douglas. XI. ADJOURNMENT MOTION: Tangen moved, seconded by Anderson, to adjourn the meeti n g a t 1 0 : 2 8 p.m. Motion carried unanimously. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST January 22, 1985 CONTRACTOR (MULTI-FAMILY & COMM.). GAS FITTER Arachne Construction Robert W. Compton, Inc. Descon Associates, Inc. Leibfrid Construction, Inc. Jim W. Miller Construction, Inc. M. A. Mortenson Co. The Pelletier Corporation R. J. Ryan Construction, Inc. CONTRACTOR (1 & 2 FAMILY) George R. Butler Construction Mark Charles (Urban Unit) Countryside Four, Inc. Country View Builders, Inc. Durst & Gans Construction Elfering Construction, Inc. Gustafson & Associates Hestia Homes, Inc. Joe Miller Construction Network Development, Inc. Patterson Masonary Construction HEATING & VENTILATING Allan Heating & Air Conditioning Boedecker Plumbing & Heating Bostrom Sheet Metal Works, Inc. Centraire, Inc. Central Air Conditioning & Heating Eden Prairie Heating & Ventilating General Sheet Metal Gopher Heating & Sheet Metal, Inc. Lowing Enterprises, Inc. Metro Air O'Keefe Mechanical, Inc. TYPE B FOOD Sears Eden Prairie Center Target Store Boedeker Plumbing & Heating Centraire, Inc. Eden Prairie Heating & Ventilating PLUMBING Abrahamson Plumbing Berghorst Plumbing & Heating Boedeker Plumbing & Heating Budget Plumbing Corporatiorr Elander Plumbing Erickson Mechanical Co., Inc. Raymond E. Haeg Plumbing, Inc. John Hiltner Plumbing & Heating Kramer Mechanical Plumbing & Heating Lakeside Plumbing & Heating, Inc. Le Vahn Brothers, Inc. Stant Plumbing UTILITY INSTALLER United Water & Sewer Co. REFUSE COLLECTOR Browning Ferris Industries Mark's Sanitation Quality Waste Control R & W Sanitation Woodlake Sanitation CIGARETTE Jimmy Jingle, Inc. Superamerica Target Store RETAIL CANDY OUTLET Fannie May Candy Shops GAMBLING Eden Prairie Legion iqg These licenses have been approved by the department heads responsible for the licensed activity. ! , Qs-t Pat Solii, Licensing CLERK'S LICENSE APPLICATION LIST page two VENDING American Aviation Driskillls Super Valu CPT Corporation Chestnut Apartments Jimmy Jingle, Inc. Interstate United Corporation SUPERMARKET Driskill's Super Valu COMMERCIAL KENNEL Kingdale Kennels /qG MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Bob Lambert, Director of Community Services Carol M. Foy, Landscape Architect 0 January 15, 1985 Authorization to Advertise for Bids - Grading of Eden Valley Park and Franlo Road Park Staff requests permission to advertise for bids for the grading a n d b a s e preparation of parking lots, fields, etc. for both Eden Valley P a r k a n d Franlo Road Park. The project will be advertised the weeks of J a n u a r y 2 8 t h and February 4th, with bids being due February 11, 1985. The bi d s w i l l b e presented to the Council February 5, 1985 for approval. Estima t e d c o s t f o r grading and base preparation at Eden Valley Pail: is $20,000 and Franlo Road Park is $50,000 . Funds for this project are provided 'through cash park fees. CMF:md ORDINANCE NO. 138-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING C I T Y CODE CHAPTER 10 ENTITLED "CONSTRUCTION PERMITS AND REGULATIONS" BY ADOPTING AS PART OF THE BUILDING CODE OF THE CITY OF EDEN PRAIR I E , APPENDIX "E", AUTOMATIC FIRE SUPRESSION SYSTEMS, OF THE MINNESO T A STATE BUILDING CODE; AND, BY ADOPTING BY REFERENCE EDEN PRAIRIE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code, Section 10.01 Subd. 1,C is hereby amended to read: SECTION 10.01 Subd. 1,C. The following Apendixes, Standards and Supplemental Materials referenced by the State Building Code as optional requirements are hereby adopted as part of the Building Code of the City as if fully set out herein : 1. Minnesota State Building Code, Appendixes "C" and 2. 1982 UBC Appendix Chapters 7, 38, 55 and 70; 3. Minnesota Plumbing Code Appendixes "C" and "D"; 4. Flood Proofing Regulations, Section 201.2 through 208.2. Section 2. Eden Prairie City Code, Chapter I entitled "Genera l Provisions and Definitions Applicable to the Entire City Code i n c l u d i n g Penalty for Violation" and Section 10.99 entitled "Violation, a M i s - demeanor" are hereby adopted in their entirety, by reference, a s though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 198 , and finall y read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 198 . ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of , 198 it0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 85-25 WHEREAS, a report has been given by the City Engineer to the City Council recommending the following improvements to wit: I.C. 52-069, Bluffs West Vicinity Storm Sewer NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the 19th day of February, 1985, at 7:30 P.M. at the Eden Prairie Schoolboard Meeting Room, 8100 School Road. 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 January 22, 1985. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk 1g `g CHANGE ORDER NO. 1 January 7, 1985 PROJECT: Co. Rd. 1 Utility Improiements Eden Prairie, Minnesota E.P. I.C. fi52-062 RCM Project No. 831029-1 TO: S.M. lientges & Sons You are hereby directed to make the changes noted below in the subject contract. Nature of Change: 1. Insulation of hydrant leads due to shallower watermain. 2. Extra depth of sanitary forcemain to accommodate future Co. Rd. I widening. 3. Remove and replace concrete curb and gutter for watermain connection. 4. Add wet tap for watermain connection. 5. Gate valve box extension. 6. Extend 10" D.1.P. sanitary sewer an additional 25' from lift station. 7. 1.4' of extra depth to air release manhole due to location change. S. Additional grading around hydrant as requested by inspector. 9. Eliminate lump sum clear and grub item due to alignment change. 10. Add item for one tree removal and miscellaneous tree trimming. Schedule of Adjustments to Contract Costs: 1. Add: Insulation 16 LF @ $5.25 = $ 84.00 2. Add: Extra depth forcemain 1 LS @ $425.00 = 425.00 3. Add: Remove & replace concrete curb and gutter 30 LF @ $15.00 = 450.00 4. Add: Wet tap for watermain (excl. 8" gate valve cost) 1 LS @ $400.00 = 400.00 5. Add: Gate valve box extension I LS @ $85.00 85.00 6. Add: Extend 10" D.I.P. sanitary sewer @ lift station 25'@ 25' ft. depth 1 LS @ $1,422.25 = 1,422.25 Change Order No. 1 Page 2 7. Add: Extra depth of air release manhole I LS @ $174.30 • 174.30 S. Add: Additional grading around hydrant 1 LS @ $130.00 • 130.00 9. Deduct: Clear & Grub (bid item) 1 LS @ $2,000.00 (2,000.00) 10. Add: Tree removal and trimming 1 LS @ $300.00 300.00 Summary of Contract Adjustments: Contract Amount Prior to this Change Order $184,655.20 Net Increase Resulting from this Change Order $ 1,470.55 Current Contract Amount Including this Change Order $186,125.75 The Above Changes are Approved: RCM, INC. CITY OF EDEN PRAIRIE By By Date Date The Above Changes are Accepted: S.M. 1-1F1}TGES, SO BY Date - 00 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 85-26 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-061, Sanitary Sewer Improvements to serve Apple Groves and Paulsen's 2nd Addition and assess the benefitted property for all or a portion of the cost of the Improvements, pursuant to M.S.A. 429.011 to 429.111. 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 RCM, 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 January 22, 1985. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk Dirlam Reuel° Dennis p,—Srlam ae artin Paulsen 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 following described improvements(s): (General Location) X Sanitary Sewer From Valley Viexlci—south on propoed Liv Watermain Storm Sewer Street Paving Other Street Address or Other Legal Description of Property to be Served Paulsen's Addition Lane to Paulsen's lst.__Mrlitina Names of Petitioners (Must Be Property Owners) (For City Use) Date Received VMS- Project No. C to 1 Council Consideration 0 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-27 A RESOLUTION APPROVING FINAL PLAT OF MUIRFIELD 1ST ADDITION WHEREAS, the plat of Muirfield 1st Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Muirfield 1st Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 15, 1985. 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 City Council on January 22, 1985. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk ,W)3 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members (1_ David L. Olson, Senior Engineering Technician January 15, 1985 MUIRFIELD 1ST ADDITION The developers, Tandem Corporation, are requesting final plat approval of Muirfield 1st Addition, a single family residential development located north of Valley View Road and east of Hidden Ponds in the North 1/2 of Section 7. The proposed plat contains 59 lots within approximately 25 acres. The preliminary plat was approved by the City Council on October 2, 1984, per Resolution 84-270. Zoning of this site to R1-9.5 was finally read and approved by the City Council on November 6, 1984, per Ordinance 116- 84. The Developer's Agreement referred to within this report was executed on October 30, 1984. All variance requests not authorized through the Devel- oper's Agreement must be processed through the Board of Appeals. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY: VARIANCES: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works UTILITIES AND STREETS: All utilities and roadways within the plat will be installed by the developer in conformance with City Standards. A public hearing considering a name change for South Shore Lane, within Hidden Ponds, is scheduled for the January 22, 1985, City Council meeting. The extension of this street within the Muirfield 1st Addition is shown on the submitted plat as Winchester Lane. Depending on the outcome of this public hearing, Winchester Lane may need to be changed to coincide with the decision. If necessary, the changes will be made prior to release of the final plat. A public hearing to consider the vacation of a conflicting easement for storm sewer is scheduled for January 22, 1985. A new 20' wide easement over the westerly portion of Lots 7 and 8, Block 5, has been shown on the final plat and will replace the vacated easement. 204 Pg. 2, Final Plat Report for Muirfield 1st Addition PARK DEDICATION: Park dedlcation requirements are described in the Devel- oper's Agreement. BONDING: Bonding must conform to the requirements of the Developer's Agreement and the City Code. RECOMMENDATION: Recommend approval of the final plat of Muirfield 1st Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $785.00. 2. Receipt of street lighting fee in the amount of $7,020.00. 3. Receipt of engineering fee in the amount of $2,360.00. 4. Satisfaction of bonding requirements. 5. Decision of street name change. 6. Right-of-way vacation. DLO:sg 2 f)(7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-29 A RESOLUTION APPROVING FINAL PLAT.OF MUIRFIELD 2ND ADDITION WHEREAS, the plat of Muirfield 2n4 Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Muirfield 2nd Addition is approved upon compliance with the recommendation of the City Engeineer's Report on this plat dated January 15, 1985. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers 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 City Council on January 22, 1985. ATTEST: Gary D. Peterson, Mayor SEAL John D. Franc, Clerk ,2a9 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: January 15, 1985 SUBJECT: MUIRFIELD 2ND ADDITION PROPOSAL: The developers, Tandem Corporation, are requesting City Council approval of the final plat of Muirfield 2nd Addition. The plat con- tains 47 single family residential lots and two outlots within 16 acres. The site is located north of Valley View Road in the north h of Section 7. Outlot A is intended to contain a totlot structure and a bituminous walkway for access to the City Park. Outlot B will be added to the balance of the original property located easterly of this plat, and must be rezoned and replatted in conform- ance with City procedures prior to any development. HISTORY: The preliminary plat was approved by the City Council on October 2, 84-270. Zoning to R1-13.5 was finally read and approved by the City Council on November 6, 1984, per Ordinance No. 116-84. The Developer's Agreement referred to within this report was executed on October 30, 1984. VARIANCES: All variance requests not authorized through the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: All utilities and roadways within the plat will be installed by the Developer in conformance with City standards. A public hearing considering a name change for South Shore Lane, within Hidden Ponds, is scheduled for the January 22, 1985, City Council Meeting. The extension of this street within the Muirfield 1st Addition is shown on the submitted plat as Winchester Lane. Depending on the outcome of this public hearing, Winchester Lane may need to be changed to coincide with the decision. If necessary, the changes will be made prior to release of the final plat. Page 2. PARK DEDICATION: Park dedication requirements are described in the Developer's Agreement. BONDING: Bonding must conform to the requirements of the Developer's Agreement and the City Code. RECOMMENDATION: Recommend approval of the final plat of Muirfield 2nd Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $535.00. 2. Receipt of street lighting fee in the amoung of $4,680.00. 3. Receipt of engineering fee in the amount of $1,880.00. 4. Satisfaction of bonding requirements. 5. Decision of street name change. DLO:km ,,Zo CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-24 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRIMETECH II FOR PRIME DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Primetech II, for Prime Deve l o p m e n t , d a t e d December 19, 1984, consisting of 3.8 acres into one lot and t w o o u t l o t s f o r a daycare center, a copy of which is on file at the City Hall, i s f o u n d t o b e i n conformance with the provisions of the Eden Prairie Zonin g a n d P l a t t i n g ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 22nd day of J a n u a r y , 1985. Gary D. Peterson, Mayor ATTEST: John D. Franc, City C1irr —r - ao9 A140S5.0..N.40 SIDNEY 100,A V 0,00,JA OAHOLLI 0 • H J0 000,. 0 rt. Irf 0,1,00 lx I.J.L.Px•N OnSt 0.1.7 DAvID N CoX SI C(00 N Or LA0m EN/ 111. ES A 14•••1 NANCY C 1.111,.01IN LOWELL .1 NOT /110004 CEOR,T Plc,ONNIOLL. JR 1,0 010C RV HON C STARRS STEVEN 0 DIOUTTER Al AN J E I.Sxv SI CIINCN J PA./M.50N ST ERN.' N fl I IT HAN DAVID C LA L DwARD AI XI It SELL OCR 1,1010,11 LEWIS SORROWS NOOK 14 MAX NARD lAiCHACL N EACH MARTHA C NOLAND PAO,E•S*LwAL CONFORAIIUN X LAW OrriEES LEONARD, STREET AND DEINARD AP00n INCPSH100/CLOL.NOOHILHESIHONALCORPORATION5 1200 NATIONAL CITY DANK [WILDING 510 MARQUETTE AVENUE MINNEAPOLIS, MINNESOTA 55402 TELEPHONE AND TCLECOPiER 1610 330 -1200 November 9, 1984 JALAIS V ROTH RODER , L OTNIAT St PATRICIA SEM•VEER ANGEL AM 110mMANN nuocw , DANA. ROREPT P TRAVIS JAMES G OULL•RID JOSEPH 04 FINLEY LAWRENCE J FIELD JONI MARIE NEIL? RICHARD RARSON MARKS WEITZ GEORGE is WYE'. N•NET A GELS. LOWELL V STONTS MANY DENJA MIN TREVOR IIPADI.ORO GODS DOUGLAS fi GIIECNSSIAG n.n GEORGE 9. LEONARD 11072 9501 ARTHUR L. 1.1 STREET 1.77.19611 DENCDICT DEINARD1.09 ..601 MERE SCOTT DAVID N. HAYNES RANDAL L ROVER or COUNSEL Chris Enger City of Eden Prairie - 8950 Eden Prairie Road Eden Prairie, MN 55344-2499 Re: Revision of PRIMELAND 2ND ADDITION; Our File 20-41-10 Dear Chris: As you no doubt recall, as part of the Development Agreement with the City of Eden Prairie, MRTT Joint Venture agreed to replat the portion of the Phase II Loop Road located in Lot 1, Block 1, PRIMELAND 2ND ADDITION as an outlet at the time Outlot A, PRIME- LAND 2ND ADDITION is developed. Gene Dietz requested this re- platting so that the Loop Road would appear as 'an outlet in plat- ting all phases of the development. We propose that MRTT meet this requirement early by revising PRIMELAND 2ND ADDITION at this time, before it is recorded. By revising the plat now (before it is filed and before the day care center and the Phase II Loop Road are added to Primetech Park Condominium), we can satisfy Gene Dietz's concerns, avoid another replatting, and simplify the legal descriptions in the declaration for the Phase II Loop Road. To assist in your consideration of this matter, I have enclosed a drawing of a proposed revision of the final plat of PRIMELAND 2ND ADDITION showing the Phase II Loop Road as Outlet A, and the former Outlot A as Outlet B. If you agree, we would like the Planning Commission to con- sider the proposed revision of the plat of PRIMELAND 2ND ADDITION and, assuming the Planning Commission approves, have the revision considered by the City Council. If the revision can be done with- out Council consideration, we would like to proceed in such a manner. I assume from our earlier convcrsation that Council approval is required. ,C( 10 Chris Enger November 9, 1984 Page Two After considering the enclosed, please call at your earliest convenience with your comments. Thank you. Very truly yours, LEONARD, STREET AND DEINARD 11, By J. Bradford Goss JBG:eps Enc. cc: Hugh Maynard C. 0. Tuchfarber Tom Veenker Gene Dietz 111 Sinccr W.M. Crawford, P.E. District Engineer wHESop 0—. . 4 ,c, . f - 1. Minnesota , 1 ••,\C-.1-d Departn -itnt of Transportation i , ._ )k-7 District 5 cp 2055 No. Lilac Drive oFTO Golden Valley, Minnesota 55422 (Cl?) 545-3761 November 19, 1984 Mr. Chris Enger Director Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2763 T.R. 169 Plat review of Primetech Park Phase II located in the NW quadrant of T.H. 169 and CSAH 61 in Outlot C, City West Second Addition in City of Eden Prairie Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03. Plats and Surveys. We find the plat acceptable for further development and do not anticipate any significant impact on the trunk highway. As you know we have reconveyed some property in this area. In our review we have assumed that the developer will not be placing any fill within our remain- ing right of way. We will not be able to permit additional fill on the right of way because it will reduce the drainage storage area. If you have any questions in regard to this review please contact Evan Green at 545-3761, ext. 119. Thank you for your cooperation in this matter. cc: Sandra Gardebring Metropolitan Council Mike Meter Hennepin County Surveyor's Office An Equal Opportunity Employer LAW OFFICES LEONARD, STREET AND DEINARD 40k,0 LOTT, 0DTal PATO, TT...A 1•4•AS 4,45,4 Pon., 7•1•••••n 4.14•CI 4•+.0 • 44. L0P.t CLOT" r. ProuravOlt. a ' December 29, 1984 V 00.4 1100,• 0••nn • 04...• SC APO!, 61 00 ttttt O00107 0 •••01 OM p T•Av., 4..14 evtt••0 AMP.. ff.... J P ICTOTIO Ma•tOR •n ••• S *OTT •1.0•411. • Tak, • t 1000Glrea yvvt•Sex AMTIC MCCffiI.tt mt. SCOTT LO•tvi. v ',NAN 04.0 IT MATT 04•,....x 01..00 0•000LL 440 1 4•000,00104035 co••••• trvt0Ait I aoS ttttt PT 11,14.4 St•Pft% ttttt 0 000,01 .1.00.4MMOAT • •••••n 0.4.0 1••4 ...APO TA up. tttttt POP," I ••••0•T, 010,“ T. P•.•••0 NICK.. • ...CPI 11•111•AC *owe eV.. To••n•••••I1 A PAWN. ••••• 0.4lVOIN0 PRO•450.0NAL 00a•onx,o•11 1200 NATIONAL CITY DANK Owl OING 510 MAROU ET E AVENUE MINNEAPOLIS. MINNESOTA 55405 TCLCIANONC AND TELCCOPIER Wel 330.IP00 O006103• tt ttttt .10 € .01 4.0.44.01 JOHN V £0053 LtavS0•••pt. IrmOrr•S• 300010, aro.ct • n00••00•po .11111. AM TOO. • • tttttt 5I01010T 0. ttttt ••••••••1 BY MESSENGER Mr. Scott Kipp City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55355-2499 Re: Application for Revision of Plat for Primeland 2nd Addition; Our File No. 20-41-10 Dear Mr. Kipp: At the request of Pat Hagen, I am writing to explain the platting application of our client, MRTT Joint Venture ("MRTT"), for the property currently platted as Outlot B, City West Second Addition. As you are probably aware, MRTT obtained final plat approval for a replat of Outlot B, City West Second Addition earlier this year. The final plat that was approved, however, contained one outlot (Outlet A, Primeland 2nd Addition) and one lot (Lot 1, Block 1, Primeland 2nd Addition). The Phase II Loop Road was located in Lot 1, Block 1. As a condition to signing the Development Agreement, the City of Eden Prairie required that MRTT agree to replat that portion of the Phase II Loop Road loca- ted in Lot 1, Block 1 as an outlot at such time as Outlot A, Primeland'2nd Addition was developed. MRTT agreed to undertake this replatting. MRTT is now attempting to meet this requirement early by revising the plat of Primeland 2nd Addition. 'Chris Enger has informed us that we must undergo full planning commission and city council review (including preliminary plat approval) in order to revise the plat. Accordingly, MRTT has submitted its application, along with the required fee, to replat Outlot B, City West Second Addition into three parcels of land, consisting of Lot 1, Block 1, Outlot A, and . Ontlot B, Primeland 2nd Addition. 1 1., ; L J :0?) Mr. Scott Kipp December 29, 1984 Page Two To assist in your review of the plat; I would l i k e t o p o i n t out that the plat undergoing review is exactly t h e s a m e a s t h e final plat earlier approved by the city council, w i t h t h e e x c e p - tion of designating the Loop Road portion forme r l y c o n t a i n e d i n Lot 1, Block 1, Primeland 2nd Addition as Outlot A an d c h a n g i n g the label of the former Outlot A to Outlot B. E x i s t i n g s e t b a c k s will not be affected by this replatting. If you should have any questions, please call. Very truly yours, LEONARD, STREET AND DEINARD By J. Bradford Goss JBG:gm cc: Charles 0. Tuchfarber Pat Hagen Tom Veenker Hugh M. Maynard 9.,14 271-1=273;4— 1-2PIC 78-21 179,c, i%Ert,...--/-‘ Loc.: ivrt Pi\ r • ‘4.4 E. V I; 9 6- STAFF REPORT TO: FROM: 'TOUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE/RTEKT REQUEST: Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning January 11, 1985 Primeland 2nd Addition North of Shady Oak Road, East of City West Parkway MRTT Joint Venture Preliminary Plat of 3.82 acres into one lot and two outlots. Background This site is part of a 20-acre Planned Unit Development amendment to the City West Planned Unit Development, reviewed by the Plan- ning Commission in December of 1983. In September of 1984, the proponent submitted Phase II of Primetech Park, with a request for a Planned Unit Development District Review on 20 acres with Zoning District Change from Rural to Commercial Regional Service on 0.56 acres for a day care center, and from Rural to 1-2 Park for office/research and development uses for the remaining 3.26 acres of a 3.82-acre parcel, and preliminary platting of 3.82 acres into one lot and one outlot. At the Planning Comnission meeting, of September 24, 1984, the proponent withdrew the 1-2 Park portion of their request, stating that they would return at a later date when a more detailed development plan could be presented. Primeland 2nd Addition 2 January 11, 1985 Preliminary Plat The original preliminary plat, reviewed and approved by the City Council, on October 16, 1984, depicts the private loop road within the boundaries of Lot 1, Block 1, (day care center). Final recording of this plat has not yet taken plate. The proponent is requesting•that the preliminary plat be revised to show the private loop road as a separate outlet. This is to maintain continuity, since the private roadway is already described as an outlet in Phase I, and will be described as an outlot in Phase III. The preliminary plat, as submitted, will not affect the site plan of the day care center previously approved by the Planning Commission and City Council. SUMMARY The preliminary plat is requested for simplification of legal description to describe the private loop road as a separate outlot rather than part of the day care center lot. This platting will not affect the approved site plan for the day care center. RECOMMENDATIONS Staff recommends approval of the preliminary plat of 3.82 acres into one lot and two outlots, Staff dated December 19, 1984, as described in this Staff Report of January 11, 1985. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 85-28 A RESOLUTION APPROVING FINAL PLAT OF PRIMELAND 2ND ADDITION WHEREAS, the plat of Primeland 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Primeland 2nd Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated January 16, 1985. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers 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 City Council on January 22, 1985. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: January 16, 1985 SUBJECT: Primeland 2nd Addition PROPOSAL: Prime Development Corporation has requested City Council approval of the final plat of Primeland 2nd Addition, a replat of Outlet B, City West Second Addition. The plat contains approximately 3.8 acres located in the North 1/2 of Section 1. The proposed plat will consist of 1 lot, for the construction of a day care center, and 2 outlots. Outlot A will contain a commonly owned private roadway and utilities. Outlot B will be replatted at a later date. HISTORY: The preliminary plat is scheduled for review by the City Council on January 22, 1985, per Resolution No. 85-24. Zoning to Commercial-Regional-Service for 0.56 acres (Lot 1, Block 1) was finally read and approved by the Council on November 6, 1984, per Ordinance No. 120-84. City platting and zoning procedures must be followed prior to any development of Outlot B. Resolution No. 84-298, adopted by the City Council on November 6, 1984, approved a final plat for Primeland 2nd Addition. This plat contained one lot and one outlet only and will not be recorded. The Developer's Agreement referred to within this report was executed on November 6, 1984. VARIANCES: All variance requests not covered through the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: All utilities and streets to be installed within the plat will be owned and maintained by an owner's association. The main- tenance responsibilties for the utilities and streets are covered in the Declaration of Covenants, Conditions, Easements and Restrictions for City West dated October 27, 1983, and recorded at Hennepin County. Additional requirements for the installation of utilities and streets are covered in the Developer's Agreement. Page 2. PARK DEDICATION: The requirements for park dedication are covered in the Develop- er's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Primeland 2nd Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of Engineering fee in the amount of $250.00. 2. City Council approval of Resolution No. 85-24. DLO:km MEMORANDUM TO: MAYOR AND CITY COUNCIL THROUGH: CARL JULLIE, CITY MANAGER FROM: ROGER A. PAULY, CITY ATTORNEY SUBJECT: SECOND SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HARTFORD REAL ESTATE COMPANY AND THE CITY, DATED JULY 3, 1979 DATE: JANUARY 17, 1985 Prairie Lakes Real Estate Company, successor in interest to Hartford Real Estate Company, has sold the office building which Hartford constructed in accordance with the July 3, 1979, Developer's Agreement. The Developer's Agreement, at Section 11(d), granted a variance to permit inclusion of Lots 1 and 14, which are the conservation areas of the development, in the calculation to determine the percentage of permissible impervious surfaces in the development. The purchaser of the office building wishes to have a portion of those lots allocated to the lot on which the office building is situated for purposes of the computation. The proposed Second Supplement to Developer's Agreement accomplishes that objective. RAP:cw 1`2Ala SECOND SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SECOND SUPPLEMENT TO DEVELOPER'S AGREEMENT (herein "Supplement") entered into effective the day of December, 1984, by and among Prairie Lakes Rea -I-Taste Company, a Minnesota corporation (herein "Prairie Lakes"), MLH Income Realty Partnership II, a New York Limited Part- nership (herein "MLH") and the City of Eden Prairie, a municipal corporation (herein the "City"). RECITALS: A. Hartford Real Estate Company, a Delaware corporation, and the City entered into that certain Developer's Agreement dated July 3, 1979, as supplemented by that certain Owner's Supplement to Developer's Agreement dated July 3, 1979, between the Preserve, a partnership, and the City (herein the "Agreement"). The Agreement was filed of record in the Office of the Henpepin County Registrar of Titles of .August 28, 1979, as Document No. 1345096. The Agreement affects certain real property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto and incorporated herein by reference (herein the "Tract"). B. Prairie Lakes is the successor in interest to Hartford Real Estate Company. C. The Agreement includes among its terms and provisions a paragraph 11(d) which states as follows: (F)or purposes of calculating the amount of impervious surfaces covering that part of the property that would be subject to the Shoreland Management Act ("Shoreland"), if applicable, Lots 1 and 14, regardless of their zoning or ownership, and all the land lying within 1,000 feet of the high water mark of Anderson Lakes shall be included as part of the property, and to the extent that the area of impervious surfaces within the Shoreland exceed 30% of the total area, a variance is granted from any more restrictive limitation. E. Contemporaneously with the execution of this Amendment by Prairie Lakes, Prairie Lakes is convey- ing to MLH certain real property located in Hennepin County, Minnesota, and legally described as Lot 3, Block 1, Prairie Lakes Business Park, Hennepin County, Minnesota, according to the recorded plat thereof (herein the "Property"). The Property is one of the parcels of real property included within the Tract. F. The Property has an area of approximately 569,467 square feet. Lots 1 and 14 have a total area of approximately 1,994,443 square feet. The Property has been improved by improvements which result in approximately 335,985.53 square feet of impervious surfaces. G. This Supplement is entered into for the limited purpose of satisfying a requirement raised by MLH in connection with the transaction described in Recital E above. NOW, THEREFORE, in consideration of the foregoing, and intending to be legally bound, the parties hereto agree as follows: - I. For the purposes of making any calculations contemplated by paragraph 11(d) of the Agreement relating to impervious surfaces, square feet of Lots 1 and 14 shall be deemed to be included as part of the Property. 2. The terms and provisions of this Amendment shall run with the Tract and shall be binding upon and inure to the benefit of the City and Prairie Lakes, its successors and assigns, including without limitation, MLH. 3. It is mutually agreed by the parties hereto that this Supplement shall have the legal force and effect of supplementing the Agreement to the extent stated herein. All of the terms and provisions of the Agreement not supplemented herein shall remain in full force and effect to the extent that they do not conflict with the terms and provisions of this Supplement or have not otherwise been satisfied, released or waived by the party for whose benefit said term or provision was made. In the event of any conflict, inconsistency or incongruity between the provisions of this Supplement and the provisions of the Agreement, the terms and provisions of this Supplement shall in all respects govern and control. -2- IN WITNESS WHEREOF, the undersigned have executed this Amendment effective as of the day and year first written above. PRAIRIE LAKES REAL ESTATE COMPANY BY utt„ Its tliAl 1 MLH INCOME REALTY PARTNERSHIP II, a New York limited partnership By: MLH Property Managers II Inc., Managing General Partner BY Ptiet,/-24 4:1t6 David R. Young Vice President CITY OF EDEN PRAIRIE BY tPrint) Its By (Print) Its -3- STATE OF NEW YORK ) : ss.: COUNTY OF NEW YORK ) The foregoing instrument was acknowledged before me, ()Om\ Olt. (YZ), a Notary Public within said County, this 17th day of December, 1984, by Kevin A. North, the Assistant Vice President of Prairie Lakes Real Estate Company, a Minnesota corporation, on behalf of the corpora- tion. Noeiry Public STATE OF NEW YORK )) COUNTY OF NEW YORK ) COU.EEN-i -ONCITS0 Marl NON% SW* 01 fi11 itwi at. 0-47oes47 lined in Yiestetiestei C^c 71n. FiVed in New Volt oiv:,.. Ceorrntission (Alines Mani, 33. 1 On this the 17th day of December, 1984, before me, 4-(Ne) • , the undersigned officer, personally appeared David R. Young, who acknowledged himself to be the Vice President of MLH Property Managers II Inc., Managing General Partner of MLH Income Realty Partnership II, a New York limited partnership and that he, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited partnership by himself as Vice President of the Managing• General Partner. ______ef-z 4 _ Mg,..A A ..0447 Notary Public STATE OF NEW YORK ) : ss.: COUNTY OF NEW YORK ) COLLEEN N. RANCUSO 4101s1 public, Eats irf tisiTort Kn. 60-4700947 Qualified in Westchpster r^.^.7 Eerillicste fluted In New York COutiT...c... ewilmissiOn Expires March 30, 19 The foregoing instrument was acknowledged before me, a Notary Public within said county, this day of , 1984 by , respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the munici- pal corporation. Notary Publf TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: January 17,1985 RE: M.I.D.B.'s for H. B. P. Partnerships (Roberts Litho) Resolution No. 85-35, $1,700,000 The proponent is asking the City to pass this preliminary resolution so that the project would be "grandfathered" in before possible Federal legislation might eliminate further I.D.R.Bonds. This is the same concern expressed in early 1984 when legislation was pending. The resolution is non- binding on the City and does not allocate any part of the City's "Cap"; it is therefore of no effect as a operative M.I.D.B document. A public hearing on zoning is scheduled for February 5th. JDF:bw 1/17/85 City West Business Center Phases III and IV CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 124-84-PUD-11-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit. Development 11-84- 1-2-Park District (hereinafter "PUD 11-84-4-2-Park"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 22, 1985, entered into between Northwestern National Life Insurance Company and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 11-84-I-2-Park, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 11-84-I-2-Park is not in conflict with the goals of the Guide Plan of the City. B. PUD 11-84-1-2-Park 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, which are contained in PUD 11-84-I-2-Park, are justified by the design of the development described therein. D. PUD 11-84-I-2-Park 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 11-84-I-2-Park 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 11th day of November, 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 22nd day of January, 1985. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of 217 Exhibit A Legal Description Lots 1-7, Block 1, CITY WEST, Hennepin County, Minnesota 2_17 City West Business Center Phases III and IV PUD-DEVELOPER'S AGREEMENT THIS AGREEMENT, .made and entered into as of , 1985, by and between NORTHWESTERN NATIONAL LIFE INSURA N C E C O M P A N Y , a M i n n e s o t a c o r p o r a t i o n , . hereinafter referred to as "Owner," and the CIT Y O F E D E N P R A I R I E , a m u n i c i p a l corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Owner has applied to City for Plan n e d U n i t D e v e l o p m e n t C o n c e p t Amendment to the City West Planned Unit Deve l o p m e n t , f o r P l a n n e d U n i t D e v e l o p m e n t District Review approval of approximately 15. 9 1 a c r e s , f o r z o n i n g f r o m R u r a l t o P U D - 11-84-1-2 Park approximately 12.47 acres, a n d f o r p r e l i m i n a r y p l a t t i n g o f 1 5 . 9 1 acres into two lots and one outlot to constru c t b u i l d i n g s f o r o f f i c e , r e s e a r c h , a n d development purposes, situated in Hennepin Co u n t y , S t a t e o f M i n n e s o t a , m o r e f u l l y described in Exhibit A, attached hereto and m a d e a p a r t h e r e o f , a n d s a i d e n t i r e 15.91 acres hereinafter referred to as "the pr o p e r t y ; " NOW, THEREFORE, in consideration of the City a d o p t i n g R e s o l u t i o n # 8 4 - 2 9 5 , Resolution t84-296, and Ordinance #124-84-PUD - 1 1 - 8 4 , O w n e r c o v e n a n t s a n d a g r e e s t o construction upon, development, and maintenanc e o f s a i d p r o p e r t y a s f o l l o w s : 1. Owner shall develop the property in conformanc e w i t h t h e m a t e r i a l s revised and dated September 14, 1984, reviewed a n d a p p r o v e d b y t h e City Council on November 6, 1984, and attached h e r e t o a s E x h i b i t B , subject to such changes and modifications as p r o v i d e d h e r e i n . O w n e r shall not develop, construct upon, or maintai n t h e p r o p e r t y i n a n y other respect or manner than provided herein. 2. Owner covenants and agrees to the performan c e a n d o b s e r v a n c e b y Owner at such times and in such manner as prov i d e d t h e r e i n o f a l l o f the terms, covenants, agreements, and con d i t i o n s s e t f o r t h i n Exhibit C, attached hereto and made a part her e o f . 3. Prior to issuance of any building permit upon the property, Owner shall: • A. Submit to the Director of Planning, and receive the Director's approval of: . 1. A detailed landscape plan for the entire development. 2. A revised site plan showing the sidewalk connections to City West Parkway and trail connections along the ponding area. Upon approval by the Director of Planning, Owner shall construct, or cause to be constructed, those improvements listed above, in accordance with the plans thereby approved. B. Submit to the City Engineer, and receive the City Engineer's approval of plans for grading, streets, sanitary sewer, water, storm sewer, storm water run-off and erosion control. Upon approval by the City Engineer, Owner 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. 4. Owner shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 5. Owner agrees to place snow fencing at the construction limits within the wooded areas prior to any grading upon the property. Prior to issuance of any grading permit, Owner shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. In the event any trees outside of the construction area are removed, damaged, or destroyed, Owner shall, prior to issuance of any building permit for the property, submit to the Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroyed outside of the construction area. Owner further agrees that said trees shall be replaced by similar tree species, diameter inch for diameter inch (i.e. a Red Oak 12 inches in diameter may he replaced by three Red Oaks four inches in diameter). The trees used for replacement shall be no less than three inches in diameter. Upon approval by the Director of Planning, Owner shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the Director of Planning. 6. As part of the Planned Unit Development District Review, Ci t y h e r e b y grants Owner variance to allow up to 75% office usage within the PUD-11-84-I-2-Park District. 7. Owner acknowledges that the property will benefit from an y f u t u r e improvements to Shady Oak Road in the vicinity of City We s t a n d agrees to pay its fair share of the corresponding special assessments. City West Business Center Phases III and IV CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-33 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 124-84-PUD-11-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 124-84-PUD-11-84 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 22nd day of January, 1985; 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. 124-84-PUD-11-84, 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 brevier or eight-point type, as defined in Minn. Stat. 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. 124-84-PUD-11-84 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 January 22, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 124-84-PUD-11-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REM O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, O R D A I N S : ' Summary: This Ordinance allows rezoning of land located at City W e s t Parkway, north of Shady Oak Road, and east of Highw a y # 1 6 9 , k n o w n a s C i t y W e s t Business Center Phases III and IV, from Rural Distr i c t t o P U D 1 1 - 8 4 - I - 2 - P a r k , subject to the terms and conditions of a developer's ag r e e m e n t . E x h i b i t A , i n c l u d e d with this Ordinance, gives the full legal description of t h i s p r o p e r t y . Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available f r o m t h e C i t y C l e r k . ) Eden Prairie Apartments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 122-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #192, 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 Ordinance #241 be amended by adding the following: "Section 2. That the plans dated October 11, 1984, reviewed and approved by the City Council November 6, 1984, for Eden Prairie Apartments shall apply. Section 3. 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 4. 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 November 6, 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 22nd day of January, 1985. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Outlot F, and Lot 1, Block I, EDEMVALE 2ND ADDITION, Hennepin County, Minnesota r;Z •-) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 241 AN ORDIIANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 Master's Condominiums The Council of the City of Eden Prairie does ordain as follows: Section 1. Appendix A of Ordinance No. 135 is amending by adding to Section 9, Township 116, Range 22 as follows: Located on 7. 4 acres of land in Edenvale PUD 70-4 Legally described as Lot 1, Block 4 in Outlot F. Edenvale Second Addition. Rezoning to RM-2. 5 for the construction of two 3 story condominiums totalling 96 units by Weis Builders, subject to the terms of the Rezoning Agreement executed between the Weis Builders and the City of Eden Prairie April 4, 1974 First read at a regular meeting of the Council of the City of Eden Prairie this 27th day of November and finally read, adopted and ordered published at a regular meeting of the Council of said City on the ...9thday of April 1974. David W. Osterholt, Mayor ATTEST: SEAL Johp D. Frane • ,?lerk Eden Prairie Apartments DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1985, by and between Quail Ridge Limited Partnership, a Minnesota limited partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied for a Zoning District Amendment within the RM-2.5 District and preliminary platting of 6.47 acres for a, 108-unit apartment building, to be known as Eden Prairie Apartments, located north of Valley View Road and west of Mitchell Road, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #122-84 and Resolution #84-293, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall plat and develop the property in conformance with the materials dated October 11, 1984, as revised, reviewed and approved by the City Council on November 6, 1984, and attached hereto as Exhibit B, and made a part hereof, subject to such changes and modifications as are provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to City approval of the final plat of the property, Developer shall: ;CY] A. Receive approval from the Board of Appeals for the types of exterior materials to be used, if the type and amount of exterior materials do not meet City Code requirements. B. Submit to the Director of Planning, and receive the Director's approval of a revised plans including the following: 1. A realignment of the driveway entrance on to Valley View Road to the east property line. 2. A revised landscape plan detailing the size and types of plant materials to be included on the property. Said plan shall include additional screening on the northeast boundary of the site. Upon approval by the Director of Planning, Developer shall construct, or cause to be constructed, those improvements listed above, as approved by the Director. C. Submit to the City Engineer, and receive the City Engineer's approval of the following: 1. Detailed erosion control and storm water run-off plans. 2. Include within the final plat the necessary additional right-of-way for Valley View Road along the south boundary of the property. 3. A five-foot wide concrete sidewalk along the north side of Valley View Road and the east side of the public road along the west side of the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above, in accordance with Exhibit C, attached hereto. 4. Concurrent with site development, Developer agrees that public road along the west boundary of the property shall be constructed to the northern boundary line of the property, in accordance with Exhibit C, attached hereto. 5. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits within the wooded areas prior to any grading upon the property. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any trees are removed, damaged, or destroyed outside of the construction limits, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species, diameter inch for diameter inch (i.e. a Red Oak 12 inches in diameter may be replaced by three Red Oaks four inches in diameter). The trees used for replacement shall be no less than three inches in diameter. Upon approval by the Director of Planning, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the Director of Planning. 6. Concurrent with construction of the structure on the property, Developer shall construct a fence to be located along the boundary line between the property and the Edenvale Golf Course as depicted in Exhibit D, attached hereto and made a part hereof. Eden Prairie Apartments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-34 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 122-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 122-84 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 22nd day of January, 1985; 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. 122-84, 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 brevier or eight-point type, as defined in Minn. Stat. 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. 122-84 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 January 22, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk AIM CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 122-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:- 2LEYIEra: This Ordinance allows rezoning of land located at Valley View Road, west of Golf View Drive, east of the railroad tracks, known as Eden Prairie Apartments, or Quail Ridge, within the RM-2.5 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: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available from the City Clerk.) Bluffs East 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 128-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #192, 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 Ordinance #107-84 be amended as follows: "Section 2. That action was duly initiated proposing that the land be removed from the R1-13.5 District and be placed in the R1-9.5 District." "Section 3. That the proposal is hereby adopted and the land shall be and hereby is removed from the R1-13.5 District and shall be included hereafter in the R1-9.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly." Section 3. 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 4. 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 December 18, 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 22nd day of January, 1985. ATTEST: John D. Frane, City Cler-7k— Gary 67—FeTerson, Mayor PUBLISHED in the Eden Prairie News on the . day of Exhibit A Legal Description Lots 1-23, Block 2, BLUFFS EAST 3RD ADDITION, Hennepin County, Minnesota Bluffs East 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 107-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DIS1RICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 6 , entered into between the Bluffs Company and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of September, 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of November, 1984 ATTEST: Z.O1V-a. Frane,--CT57—C1erk loto)fganvd. lOnzel, Mayor (,// PUBLISHED in the Eden Prairie News on the 21st day of November. 1984 . 2.(.4(.1 ATTACHMENT A BLUFFS EAST 3RD ADDITION LEGAL DESCRIPTION Outlot D and Outlot E, Bluffs East 1st Addition, Hennepin County, Minnesota gi/5 Bluffs East 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-32 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 128-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 128-84 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 22nd day of January, 1985; 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. 128-84, 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 brevier or eight-point type, as defined in Minn. Stat. 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. 128-84 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 January 22, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, C ty Clerk ,Z46 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 128-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:* Summary: This Ordinance allows rezoning of land located at Lee Drive, west of Franlo Road, east of Meade Lane, known as Bluffs East 3rd Addition, from the R1-13.5 District to the R1-9.5 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: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available from the City Clerk.) 2 q1 Bluffs East 3rd Addition (Revised) SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of • 1985, by and between the BLUFFS COMPANY, INC.. a Minnesota corporation, owners of the property as described in the developer's agreement between the Bluffs Company, Inc., a Minnesota corporation, and the City of Eden Prairie, for Bluffs East 3rd Addition, dated November 6, 1984, and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" WHEREAS, the Bluffs Company, Inc., and City made and entered into a Developer's Agreement, dated November 6, 1984, for Bluffs East 3rd Addition (the "Developer's Agreement"); and, WHEREAS, the parties desire to amend said agreement for the property referred to in said agreement, the property being as described in Exhibit A, attached hereto and made a part hereof; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respect: The page I, the second paragraph shall be amended to read as follows: "WHEREAS Developer has applied for rezoning from R1-13.5 to R1-9.5 for approximately 9.63 acres. . ." 2. The Bluffs Company. Inc., agrees to all of the terms and conditions and accepts the obligations of the "Owner" under the Developer's Agreement, as amended and supplemented herein. 2 Bluffs East 3rd Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of nei k tct 6 , 1984, by and between the Bluffs Company, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied for rezoning from Rural to R1-13.5 for approximately 9.63 acres and preliminary platting of approximately 9.63 acres for Bluffs East 3rd Addition, located south of Lee Drive, Lane, south of Purgatory Creek, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part tiereof and hereinafter referred to as "the property:" and, WHEREAS, Developer has applied to City to develop the property for 29 single family detached units; NOW, THEREFORE, in consideration of the City adopting Ordinance #107-84 and Resolution #84-234, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall plat and develop the propertyin conformance with the materials dated June 26, 1984, as revised, reviewed and approved by the City Council on September 4, 1984, and attached hereto as Exhibit B, and made a part hereof, subject to such changes and • modifications as are provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all or the terms, covenants, agreements, and conditions set forth in 2,0 Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat by the City, Developer shall: A. Submit to the City Engineer, and receive the City Engineer's approval of the following: 1. Final storm water drainage plans consistent with the plans for the southeast quadrant of the City for drainage purposes. 2. Detailed plans for sanitary sewer, water, and streets. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those plans listed above, in accordance with Exhibit C attached hereto. 4. Prior to issuance of any building permit for the property, Developer shall: Post a temporary dead end sign at the end of Meade Lane. Submit to the Director of Planning, and obtain the Director's approval of individual plans for each lot along Purgatory Creek, showing individual erosion control, grading, and restoration plans. C. Submit to the City Engineer, and receive the City Engineer's approval of individual erosion control and grading bonds for each lot of the property along Purgatory Creek, assuring compliance with the individual erosion control, grading, and restoration plans. Upon approval by the Director of Planning and the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in accordance with the approved plans. 5. Upon completion of individual structures, Developer shall: 6 / A. Sod each lot from the back of the curb to the back of the individual structure. B. Sod all drainage swales and graded areas with slopes in excess of 3-1 as part of the overall site grading restoration. Said improvements shall be bonded in accordance with Exhibit C, attached hereto. A. 1 B. 9,S0 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 §ang/IE Popzel, Mayor STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) / The foregoinginstrument was acknowledged before me this & day of LS/ , 1984, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager, of the City of Eden Prairie, a Minnesota municipal corportation, on behalf of the corporation. KATE ItILEEEEn V./(1.4.-/L aS 44...1414a P1/1111CC — AMINNAI4400TTAA Notary Public HiNNiEEPPIINN CCOUOUNNITYY AApr. 6A, 11998R90 cOrnntits.otl o‘p.m. —pr. BLUFFS COMPANY, INC. STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _,92 ' ofii.jikeilA , 1984, by the h.:2,eL.0-= of the Bluffs Co:Wany, a Minnesota corporation, on behalf of the corporation. • Lirda U. Petty WWI l'1,•14 • 41.4 4441 14, {..41.,n :11i( 1%, 4,,e4 4444. I0110 , , [,L-3 notary) pui, ic MEMORANDUM THRU: FROM: DATE: SUBJECT: .Mayor and City Council Carl Jullic, City Manager Stuart A. Fox, City Forester January 15, 1985 Public Hearing for the Removal of Diseased Trees on Private Property by Contract The staff has made several attempts to have the affected property owners remove their Dutch elm diseased (DED) trees. To date the procedures have been: 1. Original notification - summer of 1984. Card lists the number of trees marked, diameters and date trees are to be removed by - 20 days after notification. 2. Second notification letter sent to property owners October 16, 1984. (copy attached) • 3. Date set for public hearing December 18, 1984 Council meeting. 4. Public notification of property owners published in Eden Prairie News January 16, 1983. Letter also sent to property owners informing them of the January 22, 1985 public hearing. A complete list of the affected property owners is attached and includes estimated removal costs. These costs are based on $9 per diameter inch of tree which was the average bid price for the summer of 1984. Some of the property owners on the list have contacted staff regarding a target date for the removal of their trees and staff will continue to work with these property owners. However, many have not complied with the City Code Section 9.62. . In past years, every attempt to permit homeowners time, up to April 1, for removing their trees have been exercised, however, this caused several problems. Time re- quirements, snow and yard conditions combined with road restrictions has delayed the removal of trees by bid until late May if work is not started until April 1st. The staff recommends the Council require abatement of the trees on the attached list by Resolution ss 751 with removal to begin after February 1, 1985. SAF:md CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-31 RESOLUTION ORDERING A PUBLIC IMPROVEMENT FOR WE REMOVAL OF DISEASED ELM TREES . WHEREAS, the City Council fixed the 22nd day of January, 1985 for a Public Hearing on the proposed improvement to remove diseased elm trees from private lands and, WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement have been notified and notice has been published by law; NOW, THEREFORE, BE IT RESOLVED, that 1. Such improvement is hereby ordered. 2. The City Forester is authorized to advertise for bids for the removal of said trees. (Set attached list of properties) ADOPTED,- by the City Council of the City of Eden Prairie this 22nd day of January, 1985. Gary D. Peterson, Mayor ATTEST: John U. Franc!, City Clerk SEAL CITY OFFICES / 6950 HEN PRAIRIE 8000/ WEN PRAIRIE. MN 55344-2499 / TELEPHONE 16121937.2262 LT - October 16, 1984 Dear Landowner:. This past past summer, as you may recall, the trees on your property were i n s p e c t e d t o detect trees diseased with either Dutch elm disease or oak wil t d i s e a s e . S h o r t l y thereafter you received a notice, pursuant to City Code 9.62, t o r e m o v e t r e e s t h a t had been identified and marked during the inspection process. I n a d d i t i o n , y o u were asked to notify the Forestry Department when the trees had b e e n r e m o v e d . O u r program relies ona phone call or some other form of corresponde n c e f r o m y o u s o t h a t the status of your tree(s) is correctly indicated in our record s . To date, our records indicate that the diseased tree(s) has not b e e n r e m o v e d , a n d we request that you make arrangements to complete such removal n o t l a t e r t h a n November 12, 1984. If removal is not completed by this date, it w i l l b e n e c e s s a r y for ustorecommend to the City Council that the trees be remove d p u r s u a n t t o C i t y Code 9.62. This process involves holding a public hearing, the h i r i n g o f a c o n t r a c - tor, the removal being billed to you or added to your property t a x e s a s a s p e c i a l assessment. Whenever possible, we try to avoid this cumbersome process, and y o u r f u l l c o o p e r a - tion on this matter is sincerely appreciated. If you have completed removal, contracted removal or just need t h e d i s e a s e d t r e e s hauled, please let us know. Call Marlys at 937-2262, ext. 36, so t h a t w e c a n r e - cord the proper information on your card. If you have any additional questions in regard to this matter, p l e a s e f e e l f r e e t o call me at 937-2262, ext. 48. Sincerely, YAt40-JOAX Stuart A. Fox • City Forester SAF:md January 16, 1985 NAME _ ADDRESS Mailing LOCATION OF TREES # TREES DATE MARKED EST. COST CONVENTS Michael Adams 9720 Franlo Road 3-116-22-44-0019 Cardinal Creek 2nd r,../- 14 ill ric 7 4 8/31/84 $225 . Robert Arp 15910 Cedar Ridge Rd. 21-116-22-23-0014 Eden Hills 1st Lot 11 Bloc.): 7 5-116-22-11-0001 1 37 6/28/84 7/24/84 200 3,200 B-T Land ' 1055 E. Wayzata Blvd. Wayzata, Minn. 55391 Joseph Bilcik 9432 Clubhouse Road • 25-116-22-21-0020 Olympic Hills 1st Lot 11 Block 2 2 6/ 8/84 90 1-..- Bluffs Company 7460 Market Place Drive 25-116-22-44-0007 8 7/6/84 600 Bluffs Company " . 25-116-22-41-0065 16 7/6/84 800 Don Breitenstein 6930 Ticonderoga Trail 6-116-22-34-0009 Bellhurst Addition Lot 4 Block 3 1 8/28/84 150 Tom Brokke 9322 Overlook Trail 24-116-22-34-0035 Olympic Hills 2nd Lot 13 Block. 3 1 8/2/84 60 Thomas Carmody 8595 Mitchell Road 15-116-22-34-0026 15-116-22-43-0001 39 8/22/84 2,200 • Cho yenne Land Co . 15500 Wayzata Blvd. #742 Wayzata. Minn. SSigl 3-116-22-31-0003 Tanager Creek anti r.t....k. 9 8/24/84 650 Cheyenne Land Co. . 3-116-22-24-0010 Tanager Creek Outlot D 14 8/24/84 900 January 16, 1985 NAME ADDRESS Mailing LOCATION OF TREES # TREES DATE MARKED EST. COST COMMENTS Chicaw, Milwaukee, St. Paul RR Depot, 400 tTiljRTF8A, Minn. 55024 RR R.O.W. Through City 61 8/21/84 $1,300 90% under 7" diameter Crest Investment 8899 Hidden Oaks Drive - . Hidden Oaks Lot 4 Block 2 4 7/2/84 420 Dell wood Associates 6440 Flying Cloud Drive 6-116-22-31-0026 Dellwood Int 1 RI„.1, 2 8 6/11/84 230 All under 6" diameter u 6-116-22-31-0008 Dellwood Tnt...1 Bind( 1 2 6/11/84 60 Both under 5" diameter ).---_ Jonathan Dodge 11142 Mount Curve . 24-116-22-33-0002 Olympic Hills 7th 1 6/18/84 60 Joseph Dolejsi 6445 192nd Ave. 6-116-22-23-0003 59 7/20/84 4,000 Working on should be done Levito Dumalag 16651 No. Hillcrest 8-116-22-12-0032 1 Mk2Lagasiates 1 7/5/184 75 Working on 10-23 84 Eden 5000 Properties 9360 Crestwood Terrace 7-116-22-41-0001 91 7/30/84 3,500 E. P. Methodist Ch. 15050 Scenic Heights Road 16-116-22-13-0005 3 7/18/84 170 Family Relocation Services 7645 Metro Blvd. Edina, Minnesota 55435 23-116-22-22-0088 Lake Eden North Lot 16 Block 1 1 8/7/84 60 - Walter Fields 18802 Oak Ridge Road 4-116-22-22-0060 Nottingham Forest Lot 4 Block 1 2 8128/84 250 To be completee by Jan. 23-S5 January 16, It NAME ADDRESS Mailing LOCATION OF TREES I TREES DATE MARKED EST. COST CONNENTS 1st Natl Bank of 332 Main Street 23-116-22-22-0005 4 8/29/84 $250 St. Paul St. Paul, Minn. 55101 8200 Normandale Blvd. 7/17/84 GNR Land Co'. ft301 to k A. 6-116-22-12-0001 7 8/8/84 290 9-116-22-32-0022 Robert Goldenberg 7590 Superior Terrace Westgate Addition o 1 8/14/84 50 D. Grad 6750 Woodhill Trail 4-116-22-31-0020 Edenvale llth Addition ot 2' B1 2 7/5/84- 8/10/84 230 Donald Hanson 7170 Bryant Lake Road 12-116-22-22-0002 1 8/17/84 190 Thelma Haynes 6425 Beach Road • 2-116-22-23-0006 Bryant Lake View Estates 1 8/23/84 50 ---..t Lot 1 Block 1 3-116-22-33-0033 John Hendrikson 14101 Crown Drive Kings Court 2nd Addition 2 8/8/84 330 Lot 5 Block 4 John Hermes 14317 West 62nd Street 3-116-22-22-0005 2 8/7/84 160 Richard Hunt 7300 Prairie View Drive 10-116-22-24-0014 Prairie View 1 8/27/82 90 Will work on Lot 10 Block 1 26-116-22-22-0072 Hustad Developmegt 7460 Market Place Drive Overlook Place 1 6/15/84 50 Lot 8 Block 2 1-116-22-32-0007 Huitad Development 7460 Market Place Drive aqdynagfe lHills 1 8/22/84 $140 7-116-22-21-0035 'Jarip Corporation 18930 Lotus View Drive Maple Leaf Acres 9th 200 2 6/20/84 Lot 1 Block 1 4-116-22-24-0007 Allan Johnson 6507 Kurtz Lane Birch Island Acres 1 7/5/84 125 Lot 8 January 16, 191' NAME I ADDRESS nailin LOCATION.OF TREES I # TREES DATE 1 EST. MARKED COST - ---- COnnENTS Kyllo Development 8100 Penn Ave. South Bloomington, Minn. 55431 i 10-116-22-12-0054 Arbor Glen Ntlot 8 25 8/27/S4 1,000 John Liepke 15208 Scenic Heights Road 16-116-22-24-0016 5 6/14/84 990 Jim McCracken t 12655 Valley View Road 11-116-22-23-0002 . 20 8/28/84 1,500 - Hestia Homes 9-116-22-23-0004 3 8/17 /84 200 Bill Mack 4656 Nine Oaks Circle Bloomington, Minn. 55437 2-116-22-33-0005 The Cove Lot 1 Block 3 3 8/22/84 200 John Markum 137 15th Ave. North Hopkins, Minn. 55343 6-116-22-11-0007 6-116-22-11-0004 6-116-22-11-0002 3 7/17/84 270 ,. t..,`.1 e.<1. C.C. Miller Neill Lake Townhouse 8059 Kentucky Ave. South Bloomington, Minn. 55438_ 17-116-22-41-0001 5 8/29/84 330 c/o Jeff Adamscheck 9036 Neill Lake Road Common Ground Neill Lake Condominiums Phase III 15 8/1/84 $720 nary Nelson 9555 Franlo Road 25-116-22-12-0003 2 6/7/84 100 Northrup King 13410 Research Road 22-116-22-11-0001 22-116-22-14-0001 22-116-22-41-0001 113 8/18/84 4,200 . Peter Panjwani 9265 Talus Circle ' 24-116-22 -4 3-0032 Amsden Hills 3rd Lot 4 Block 2 1 6/15/84 70 Robert Perry 10726 James Circle ." Bloomington, Minn. 55431 6-116-22-33-0008 Maple Knoll 11 6/8/84 18/2/84 980 John Peterson 8401 Eden Prairie Road 17-116-22-44-0009 1 8/29/84 ......____ 140 ... working on January 16, 1955 NAME ADDRESS Mailing LOCATION OF TREES # TREES DATE MARKED EST. COST COMMENTS Larry Pomerleau 15044 Woodhill Trail 4-116-22-43-0056 Linden Pond Addition Lot 7 Block 3 1 7/3/84 40 Jon Pufahl 16406 Easy Street 17-116-22-14-0013 1 — 8/27/84 100 Partially Done Red Rock Homeowners Association C o John Houston 13009 Diamond Path Way Apple Valley, Minn. 55124 .- .- - 4-0047 Red Rock Hills 3rd Outlot B 3 6/20/84 160 Relocation Realty Attn: Teresa Barthol 11000 Prairie Lakes Drive Eden Prairie, Minn. 55344 4-116-22-34-0072 Edenale 14th Addition ot 3 Block 1 11 7/5/84 585 Dan Ringhausen 8415 Eden Prairie Road 17-116-22-44-0010 3 8/29/84 8425 working on done by 2-1-85 Don Rose 15909 South Eden Drive 4-116-22-22-0024 Edenveiw Lot 14 Block 3 2 6/26/84 8/8/84 180 D. Tiwari 9930 Cromwell Drive 5-116-22-31-0006 Prairie East 6th Addition Lot 2 Block 1 2 8/7/84 150 Lelan Noll 14115 Crown Drive 3-116-22-33-0034 Kings Court 2nd Lot 6 Block 4 1 7/13/84 200 Waiting for NSP __ _ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 1-85 BE IT ORDAINED by the Eden Prairie City Council that the following street shall be renamed: South Shore Drive between Ticonderga Trail and Muirfield Additon to Winchester Lane. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on January 22, 1985, and finally read, adopted and ordered published at a regular meeting of the Council of said City on the 5th day of February, 1985. ATTEST: Gary D. Peterson, Mayor SEAL John D. Frane, Clerk 2,6,0 VAC 85-1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 85.30 VACATION OF RIGHT-OF-WAY AND UTILITY EASEMENT IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7 WHEREAS, the City of Eden Prairie has a certain right-of-way and utility easement described as follows: The westerly 10.00 feet of the Southerly 140.00 feet of the following described property: That part of the Northeast 1/4 of the Northeast 1/4 of Section 7, Township 116, Range 22, lying North of a line drawn from a point on the East line of said Section 7 distant 1123.88 feet South from the Northeast corner of said Section 7 to a point on the West line of the Northeast 1/4 of the Northeast 1/4 of said Section 7, distant 1155.48 feet South from the Northwest corner of said Northeast 1/4 of the Northeast 1/4, according to the Government survey thereof. WHEREAS, a public hearing was held on January 22, 1985, after due notice was published and posted as required by law. WHEREAS, it has been determined that the said right-of-way and utility easement are not necessary and have no interest to the public, therefore, should be vacated. follows: NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as 1. Said right-of-way and utility easement as described above are hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on January 22, 1985. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 261 ••••••• ammo* VINNIM 111M.• ci%0 96 IMMIP 011111•1110 '. •=MII *MIMI ONION ...MD MOM 143 11,625 •••n,„„,2: gos.o x 12"CfrIC 904. /6 "7"—t___, —j112 110 910 -8"5Iub, Inv.. 896.47 912,— catch basin EXI .STING EASEMENT Ve.t.r S—/ .-1 t 1.1 9"1. I10°47'55"6 2 CO 25 .r ..., i.,--zifi,-4,' fri to )rt , 5 : NI .1 -- - ' r I I .. 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Pt-Al OF ML111Fla.12 412.oxf) 1/12/9" MEMO TO: FROM: THROUGH: DATE: REGARDING: Mayor and City Council Steve Durham, Assistant Planner Chris Enger, Director of Planning January 17, 1985 TRANSFER OF CDBG FUNDS FROM CONTINGENCY ACCOUNT TO ACQUISITION OF REAL PROPERTY ACCOUNT In July of 1984, CDBG funds, designated for the development of senior housing, were appropriated into a six-month CDBG contingency account. The amount of $47,638.00, was to remain in this account until a specific development proposal was submitted to Eden Prairie. Derrick Land Company has submitted a senior housing development proposal to the Planning Department for 56 apartment units with 51 percent and up to 100 percent of the units designated for low income elderly. Because the six month time limit for the CDBG contingency account is exhausted, the City must appropriate the money to a specific senior housing project account. A public hearing to transfer these funds is required by Hennepin County to allow citizen participation. Hennepin County and HUD representatives agree that the funds are eligible for this activity provided specific assurances between the developer and Eden Prairie be met. Final action to re-program the funds, with a resolution, will occur at a later date when specific details of this program are defined. 26t1 LICENSE FEES-LIQUOR STORE CONFERENCE - ENG DEPT COLD WEATHER MASKS-POLICE DEPT JANUARY 1985 RENT - LIQUOR STORE PACKET DELIVERIES EXPENSES WINE WINE WINE WINE LIQUOR LIQUOR LIQUOR CONFERENCE CONFERENCE VOLLEYBALL OFFICIAL/FEES PD SEMINAR-P/5 BEER BEER MIXES BEER BEER MIXES BEER BEER BEER BEER BEER MIXES -RELEASE ESCROW MONEY FOR CITY WEST JOGGING TRAIL CHANGE FUND-COMMUNITY SERVICES DUES-POLICE DEPT REFUND-EXERCISE CLASSES REFUND-SWIMMING CLASSES REFUND-EXERCISE CLASSES REFUND-EXERCISE CLASSES REFUND -SKATING CLASSES REFUND-EXERCISE CLASSES JANUARY RENT SERVICE SCHOOL-BUILDING DEPT CONFERENCE-BUILDING DEPT SERVICE WINE WINE WINE WINE LIQUOR LIQUOR LIQUOR WINE WINE REFUND-SKI TRIP 59.53- 12.00 50.00 80.50 3943.49 39.00 61.64 1418.01 1134.31 3752.61 145.44 1392.75 4714.39 1168.99 200.00 50.00 50.00 20.00 40.00 254.27 563.94 387.25 8377.45 639.70 9747.02 3267.50 5780.80 3360.05 5579.60 112.55 4420.50 75.00 15.00 26.00 8.34 26.00 26.00 12.00 26.00 3912.36 695.73 73.50 500.00 245.88 565.07 440.96 328.40 2000.25 2096.42 4177.89 4231.60 2346.99 68.07 7.?5 JANUARY 22,1985 17614 VOID OUT CHECK : la MN UFPT OF P/S NCSPA : 16058 TOUSELY SPORTS CENTER 18059 SUPPLEES 7 HI ENTER INC 2050 DANA GIBBS 18061 PETTY CASH 18062 TWIN CITY WINE CO 18063 PRIOR WINE CO 18064 JOHNSON BROTHERS WHOLESALE LIQUOR 18065 CAPITOL CITY DISTRIBUTING CO 18066 GRIGGS COOPER & CO INC 18067 ED PHILLIPS & SONS CO 18068 INTERCONTINENTAL PCKG CO 18069 LEAGUE OF MINNESOTA CITIES 18070 RADISSON HOTEL ST PAUL 18071 DAVID CARSTENSON 18072 CPAC 18073 REX DISTRIBUTING CO 18074 CAPITOL CITY DISTRIBUTING CO 18075 PEPSI/7-UP BOTTLING CO 18076 KIRSCH DISTRIBUTING CO 18077 CITY CLUB DISTRIBUTING CO 18078 COCA COLA BOTTLING CO 18079 THORPE DISTRIBUTING CO )8nR0 GRIGGS BEER DIST INC 1. 1 EAST SIDE BEVERAGE CO 18082 DAY DISTRIBUTING CO 18083 BEER WHOLESALERS INC 18084 ROYAL CROWN BEVERAGE CO 18085 MINNESOTA VALLEY LANDSCAPE INC 18086 PETTY CASH 18087 MINNESOTA CRIME PREVENTION 18088 BARB SIEGLE 18089 GIRL SCOUT TROOP 559 16090 JUDY POTTER 18091 KAREN SWIGART 18092 JOEL LINDGREN 18093 CINDY HALTERS 18094 JASON-NORTHCO PROPERTIES 18095 MINNESOTA GAS CO 18096 AAGE REFFSGAARD 18097 UNIVERSITY OF MINNESOTA 18098 MINNESOTA GAS CO 18099 CAPITOL CITY DISTRIBUTING CO 18100 PRIOR WINE CO 18101 FAUST'S & SONS CO 18102 EAGLE VINE CO 1E1103 JOHNSON BROTHERS WHOLESALE LIQUOR 1"n4 G'iZIGGS COOPiT.R & CO INC 1 Jr, Er PHILLIPS & SONS CO 18106 QUALITY WINE CO 1810/ 'MU CITY WINE CO 18108 SlEPHANIE BALL 8265944 6f). 18109 AFTON ALPS 18110 DICK BERG 18111 JUDY PETERSON 18112 DARLA YERKES 14" BRENT BAKER 18'1.4 JACOB PE111PIECE 18115 MELISSA MOESCHL 18116 EMILY HIPP 18117 BARBARA DIERS 18118 HOPKINS POSTMASTER 18119 ACCUEASE 18120 AMERICAN LINEN SUPPLY CO 18121 AMERICAN PLANNING ASSOC 18122 AMERICAN PLANNING ASSOCIATION 18123 AMERICAN SOCIETY OF COMPOSERS AUT 18124 AMERICAN SOCIETY FOR INDUSTRIAL S 18125 AMI PRODUCTS INC 18126 EARL F ANDERSEN & ASSOC INC 18127 DALE ARNDT 18128 ASPLUND COFFEE CO INC 18129 ASSOCIATED LIGHOGRAPHERS INC 18130 ASTLEFORD INTNL INC 18131 18132 18133 18134 18135 1( i 181.17 18138 18139 18140 18141 AT & T INFORMATION SYSTEMS AT & T INFORMATION SYSTEMS AUTO-HOME WAREHOUSE BATTERY & TIRE WAREHOUSE INC VERNON BERGSTROM BESTOS PRODUCTS COMPANY CITY OF BLOOMINGTON MIKE BOGDEN BOYER FORD TRUCKS INC LEE BRANDT BRAUN ENS TESTING INC 18142 BROWN PHOTO 18143 BRYAN ROCK PRODUCTS INC 18144 RICHARD B BURY 18145 BUTCHS BAR SUPPLY 18146 CARP:0X CORP 18147 CARLSON & CARLSON ASSOCIATES 18148 CARLSON THERMOPLASTICS 18149 BILL CARROLL 18150 CHANHASSEN BUMPER TO BUMPER 18151 RICHARD B OGILVIE TRUSTEE OF THE 18152 CLAREIS SAFETY EQUIPMENT INC 18153 COMMISSIONER OF TRANSPORTATION 18154 COPY EQUIPMENT INC 1P 1()5 CPT CORP EXPENSES-SKI TRIP/FEES PD 451.00 REFUND-EXERCISE CLASSES 18.00 REFUND-EXERCISE CLASSES 17.00 REFUND-SKATING CLASSES 25.00 REFUND-SWIMMING CLASSES 12.00 REFUND-SWIMMING CLASSES 12.00 REFUND-SKA1ING CLASSES 18.00 REFUND-SWIMMING CLASSES 13.00 REFUND-SWIMMING CLASSES 17.00 POSTAGE-CITY HALL 5000.00 FORMS-COMMUNITY CENTER & COMMUNITY SERVICE 252.00 MOPS/LIQUOR STORE 17.70 EMPLOYMENT AD/PLANNING DEPT 50.00 BOOKS-PLANNING DEPT 34.50 1985 LICENSE FEE-COMMUNITY CENTER 412.50 DUES-POLICE DEPT 55.00 HYDRAULIC HOSES-EQUIPMENT MAINTENANCE 250.84 WARNING-POST DRIVER/SIGNS/STREET SIGNS 4397.57 DECEMBER 84 CUSTODIAL SERVICE 200.00 CONCESSION STAND SUPPLIES-COMMUNITY CENT 86.38 -PRINTING OF WINTER COMMUNITY EDUCATION 2821.25 BOOKS -SPEEDOMETER GEAR/WHEEL STUDS/SPRINGS/GAS 135.22 CAP-EQUIPMENT MAINTENANCE SERVICE 872.63 SERVICE 37.42 SPOTLIGHTS/BRACKETS-POLICE DEPT 90.02 OIL & AIR FILTERS-EQUIPMENT 128.39 1985 UNIFORM ALLOWANCE 400.00 SAFE-I-WAY TRANSFER UNITS-POLICE DEPT 292.12 OCT & NOV 84 IMPOUND SERVICE 1050.00 BASKETBALL OFFICIAL/FEED PD 137.50 PAINT-EQUIPMENT MAINTENANCE 17.13 HOCKEY OFFICIAL/FEES PD 30.00 -SERVICE -ANDERSON LAKES PKWY/CARMEL ADD/ 5496.05 LIFT STATION/LEE DATA SITE/VALLEY VIEW ROAD -FILM-ASSESSING DEPT $256.25/F1LM FROCESS/ 379.07 POLICE DEPT/ENGINEERING & FIRE DEPT ROCK 1100.80 REFUND CLOSED WATER & SEWER BILL 8.59 SUPPLIES-LIQUOR STORES 273.55 CARBON DIOXIDE-WATER DEPT 1213.10 SERVICE-POLICE DEPT 1081.00 VALVE-WATER DEPT 19.54 VOLLEYBALL & BASKETBALL OFFICIAL/FEES PD 120.00 -WATER PUMP/GAUCE/PAINT/REGULA1OR/WRENCH/ 1084.68 -SCREWDRIVER/PLIERS/GAS CAN/ELECTRICAL WIRE/ -SPARK PLUGS/THERMOSTAT/CARBURATOR KIT/ GASKET/AIR FILTERS SERVICE-VALLEY VIEW ROAD 1748.35 FIRE GLOVES & MITTS-FIRE DEPT 1354.50 SERVICE-PRAIRIE CENTER DRIVE 4234.99 PLANHOLD FILE-ENGINEERING CEPT/BLUELINE/ 1025.91 OFFICE SUPPLIES-POLICE DEPT 135.00 3662630 266, 18156 CROWN RUBBER STAMP CO 18157 CUSTOM FIRE APPARATUS INC 18158 CUTLER MAGNER CO 18159 DAYTRONICS INC r'71 DALCO CRAIG W DAWSON 18162 DORHOLT INC 18163 DRISKILLS SUPER.VALU 18164 JOY EASTMAN 18165 THOMAS E EASTMAN 18166 EDEN PRAIRIE TRASHTRONICS 18167 FEDERAL RESERVE BANK 18168 COMMISSIONER OF REVENUE . 18169 DEPARTMENT OF EMPLOYEE RELATIONS 18170 AETNA LIFE INSURANCE & ANNUITY CO 18171 MINNESOTA STATE RETIREMENT SYSTEM 18172 GREAT WEST LIFE ASSURANCE CO 18173 UNITED WAY OF MINNEAPOLIS 18174 INTNL UNION OF OPERATING ENG 18175 PERA 18176 CITY OF EDINA 18177 ELVIN SAFETY SUPPLY INC 18178 EMPIRE-CROWN AUTO INC 18179 JEFFREY ELWELL 18180 RON ESS 18181 FASTENRITE 18182 FIRE INSTRUCTORS ASSN OF MN 18183 DEANNA FUNK 18184 G & K SERVICES ! 15 GRIFFC0 INC GARDNER HARDWARE CO 18187 GENERAL COMMUNICATIONS INC 18188 GLIDDEN PAINT 18189 GOODYEAR AUTO SERVICE CENTERS 18190 GRAY AUTOMOTIVE PRODUCTS CO 18191 GUNNAR ELECTRIC CO INC 18192 JACK HACKING 18193 ROBERTS HAMILTON CO 18194 HANSEN THORP PELLINEN OLSON INC 18195 HARMON GLASS & GLAZING INC 18196 ROGER HAWKINSON 18197 MARK HEMANN 18198 HENNEPIN COUNTY TREASURER 18199 NENNEPIN COUNTY TREASURER 18200 CHARLES WIENER 18201 MARKUS W HILL 18202 IDENTI-KIT COMPANY INC 18203 IMPERIAL INC 16204 INDEPENDENT SCHOOL DIST #272 18205 INTL CONFERENCE OF BLDG OFFICIALS 16206 IRON MOUNTAIN FORGE CO 18207 JM OFFICE PRODUCTS INC OFFICE SUPLIES-BUILDING DEPT & POLICE DEPT FIRE EQUIPMENT QUICKLIME-WATER DEPT DRIVER UNIT-COMMUNITY CENTER CLEANING SUPPLIES-FIRE & COMMUNITY CENTER EXPENSES-ASSISTANT MANAGER FORMS-ANIMAL CONTROL CONCESSION STAND SUPPLIES-COMMUNITY CENTER SUPPLIES-COMMUNITY CENTER SUPPLIES-COMMUNITY CENTER DECEMBER 84 TRASH REMOVAL PAYROLL 1/11/85 PAYROLL 1/11/85 PAYROLL 1/11/85 PAYROLL 1/11/C5 PAYROLL 1/11/85 PAYROLL 1/11/85 PAYROLL 1/11/85 JANUARY DUES PAYROLL 1/11/85 DECEMBER 84 TESTS RAINCOAT-STREET DEPT MUD FLAPS/FLOOR MATS MILEAGE HOCKEY OFFICIAL/FEES PD CONCRETE ANCHORS-P/S BLDG BOOKS-FIRE DEPT UNIFORM CAP-POLICE DEPT TOWELS/JACKETS/COVERALLS/MOPS CHAIN-PARK MAINTENANCE REPAIR LOCKS-COMMUNITY SERVICES RADIO REPAIR & PARTS PAINT-P/S BUILDING 4 TIRES-EQUIPMENT MAINTENANCE FLOOR JACK & STANDS-POLICE DEPT BALLASTS-P/W BUILDING EXPENSES-POLICE DEPT EQUIPMENT PARTS-WATER DEPT SERVICE-BLUFFS WEST WINDOW GLASS-ENGINEERING DEPT BASKETBALL'OFFICIAL/FEES PD HOCKEY & BASKETBALL OFFICIAL/FEES PD -SHARE OF TRAFFIC SIGNAL-VALLEY VIEW ROAD -WASHINGTON AVE/BAKER ROAD/DECEMBER 84 TREE DEBRIS BOOKS-MANAGER BROOMBALL OFFICIAL/FEES PD VOLLEYBALL OFFICIAL/FEES PD EQUIPMENT RENTAL-POLICE DEPT INSULATED WIRE/BOLTS & NUTS-POLICE DEPT SUPPLIES•COMMUN1TY SERVICES FIRE CODE BOOKS-BUILDING DEPT PARK BENCH LEGS & ARM RESTS-SENIOR CENTER OFFICE SUPPLIES 47.64 2405.80 1745.9? 402.25 211.24 11.00 795.00 391.06 51.22 8.00 300.00 17400.42 9375.32 13366.96 120.00 35.00 4144.00 117.81 668.85 15635.68 180.50 26.86 77.54 28.00 15.00 85.52 20.00 19.95 412.36 85.92 108.25 226.25 17.32 108.36 693.84 62.94 41.12 7.32 5837.99 659.34 50.00 95.00 32257.12 12.00 62.50 100.00 384.00 490.63 36.70 45.30 534.95 66.59 11006234 )G yi 18216 LA MASS MFG & SALES INC 18217 LAKELAND ENVELOPE COMPANY INC 18218 VOID OUT CHECK 18219 LAKESIDE FUSEE CORP WESTERN CONTA 18220 LASCO 18221 LEAGUE OF MN CITIES 18222 LEEF BROS INC 18223 LOGIS 18224 LYMAN LUMBER CO 18225 TOM MANARIN 18 -Li MASTERPIECE PIZZA INC IL MATTS AUTO SERVICE INC 18228 BARBARA MATTSON 18229 MC KAY FLOOR COVERING 18230 MEDICAL OXYGEN & EQUIP CO 18231 METRO PRINTING INC 18232 METROPOLITAN WASTE CONTROL COMM 18233 KAREN MICHAEL 18234 MIDLAND PRODUCTS CO 18235 MINNESOTA COMMUNICATIONS CORP 18236 MPLS AREA CHAPTER 18237 MPLS STAR & TRIBUNE CO 18238 MN DEPT OF P/S 18239 MN PARK SUPERVISORS ASSOC 16240 MINNESOTA REC & PARK ASSN 18241 MINNESOTA SUBURBAN NEWSPAPERS INC 16242 MINNESOTA VALLEY ELECTRIC CO-OP 16243 M-V GAS CO 18244 MINNESOTA WANNER CO 18245 MIRAFI INC 18246 MODERN TIRE CO 18247 MOTOR PARTS SERVICE INC 18243 MPH INDUSTRIES INC 18249 MUNICILITE CO -OFFICE SUPPLIES/3 TYPEWRITER STANDS/ 2023.06 SHREDDER-POLICE DEPT OPEN GYM SUPERVISOR/FEES PD 45.00 LUMBER-FIRE DEPT/WATER & PARK MAINTENANCE 727.86 -PICK HANDLE/SPRAY PAINT/PIPE/SALT/SHOVEL/ 1767.79 -01L/LEVEL/HACKSAW BLADES/VALVE/NAILS -VARNISH/BRUSHES/ROLLERS /BATTERIES/ -COOLER/ENAMEL PAINT/LIGHT BULBS/HOSES/HEAT -TAPE/PIPE INSULATION/LIGHT SWITCH/KEYS/ -FLASHLIGH1S/SANDPAPER/WIRE/PLASTIC SHEETING/ CONTACT CEMENT/CAULK/HINGES -DUCTWORK A ELBOW FOR CAR WASH BAY-P/W 275.00 BUILDING -PLASTIC/PIPE INSULATION/LIGHT BULBS/ 1374.60 -FAUCET/D1SHES/SANDPAPER/BRACKETS/SOLDER/ DRILL SET/AIR COMPRESSOR/LEVEL/STAPLE GUN TAPE-POLICE DEPT 52.40 -TROOPER RADAR SYSTEM WITH REMOTE CONTROL- 6542.45 POLICE DEPT BAR FOR SNOW PLOW-PARK MAINTENANCE 82.15 ENVELOPES-ASSESSING DEPT 186.06 0.00 FLARES- POLICE DEPT 876.05 FIBERGLASS LADDER-STREET DEPT 219.00 DUES-CITY 2175.00 RUG SERVICE 235.40 DECEMBER 84 SERVICE 8685.30 LUMBER - PARK MAINTENANCE 322.86 HOCKEY OFFICIAL/FEES PD 90.00 REFUND-VENDING MACHINE LICENSE 375.00 TOWING SERVICE 25.00 SWIMMING INSTRUCTOR/FEES PD 39.00 REPAIR CARPET-CITY HALL 75.00 OXYGEN-FIRE DEPT 48.36 BUSINESS CARD-POLICE DEPT 155.00 FEBRUARY 84 SEWER SERVICE 93146.96 MILEAGE 47.50 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 374.10 JANUARY 85 PAGER RENTAL 25.75 BOOKS-COMMUNITY CENTER 85.00 EMPLOYMENT AD-ASSESSING DEPT 91.80 CRT SERV10E-POLICE DEPT 40.00 DUES-PARK MAINTANANCE 15.00 VOLLEYBALL TEAM REGISTRATION/FEES PD 70.00 ADS-LIQUOR STORES 52.50 SERVICE 36.25 FUEL-SENIOR CENTER 309.76 AIR BOTTLE CARRIERS-FIRE DEPT 1600.00 LANDSCAPE MATERIAL- PARK MAINTENANCE 312.00 ROTATE WHEELS & ALIGN-EQUIPMENT MA1NT 18.95 -BRAKE SHOES/WHEEL CYLINDER/HOSE HEATER/ 128.80 FUEL PUMP-EQUIPMENT MAINTENANCE REPAIR RADAR-POLICE DEPT 44.35 STROBE LIGHTS-EQUIPMENT MAINTANANCE 159.00 18208 JAK OFFICE PRODUCTS CO 18209 TED JOHNSON 18210 JUSTUS LUMBER CO 257 KARULF HARDWARE INC 18212 KLEVE HTG & AIR GOND INC 18213 KRAEMERS HOME CENTER 18214 KROY INC 18215 KUSTOM QUALITY ELECTRONICS REFUND-WATER & SEWER BILL 41.94 PARTS-TREE SKIDDER 5.80 BROOMBALL OFFICIAL/FEES PAID 36.00 PARTS-EQUIPMENT MAINTENANCE 12.24 SERVICE 5.07 REPAIR TAPE RECORDER-POLICE DEPT 47.25 SERVICE 4285.71 LABELS-LIQUOR STORE 275.00 HOCKEY OFFICIAL/FEES PAID 40.00 REPAIR CAR SEAT-EQUIPMENT MAINTENANCE 85.00 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 185.00 EXPENSES-POLICE DEPT 27.45 OFFICE SUPPLIES-COMMUNITY CENTER 89.95 -ELECTRICAL WORK-FOREST HILLS SKATING 1935.20 -RINKS/FLUORESCENT LAMPS! INSTALL RECEPTACLES FOR P/S BUILDING SAND 8.04 BROOMBALL OFFICIAL/FEES PAID 48.00 SHARPEN ZAMBONI BLADES-COMMUNITY CENTER 135.81 BROOMBALL OFFICIAL/FEES PAID 62.50 CABLE/PINS/STRAPS-COMMUNITY CENTER 175.00 -CASH REGISTER PAPER/1985 MAINTENANCE 1146.65 AGREEMENT-LIQUOR STORE 1ST QTR 85 DISPATCHING SERVICE 14432.33 -SERVICE-HOMEWARD HILLS RD/LAVONNE IND 7666.66 -PARK/FLYING CLOUD DRIVE/NORSEMAN IND PARK/ ROWLAND ROAD/PRESERVE BLVD/PRAIRIE CENTER DR INSTALL LIGHTS & WIRE TRUCK 1983.53 ALTERNATOR REPAIR/STARTER/ALTERNATOR 460.38 2 ROLLS OF TICKETS-COMMUNITY CENTER 22.72 VOLLEYBALL OFFICIAL/FEES PD 100.00 -FENCE FITTINGS/DRILL PRESS/AIR WRENCH/ 720.40 BAND SAW-POLICE DEPT BODY REPAIR-SQUAD CARS 341.41 REFUND-BUILDING PERMIT 110.17 BASKETBALL OFFICIAL/FEES PD 64.00 -WHEEL CYLINDER/GREASE/FITTINGS/REGULAR 3225.68 GAS $3117.00 1985 UNIFORM ALLOWANCE 350.00 EMPLOYMENT ADS-ASSESSING DEPT 45.00 LEGAL ADS 309.72 ADS-LIQUOR STORES 678.54 MOUTHP1ECES/PORTABLE BREATH TESTERS 1005.50 RUSTPROOFING-SQUAD CAR 101.00 SUPPLIES-LIQUOR STORE 48.00 BUDDY BUMPERS-POLICE DEPT 717.23 REFUND-GAS FITTERS LICENSE 15.00 REFUND UTILITY BILL 9.77 HOCKEY OFFICIAL/FEES PD 15.00 REFUND VOLLEYBALL FEES 5.00 EQUIPMENT PARKS - PARK MAINTENANCE 10.08 OXYGEN-EQUIPMENT MAINTENANCE 12.09 -BLOUSE/PARKA/SHIRTS/BADGES/POLICE & FIRE 846.75 DEPT 18250 ED MURNAME 18251 MURPHY PLBG 18252 JEFF NELSON 1P 2 53 NORTHERN POWER PRODUCTS INC (, ;4 NORTHERN STATES POWER CO iB255 NORTHLAND BUSINESS COMM SYSTEMS 18256 NORTHWESTERN BELL TELEPHONE CO 18257 NORTHWESTERN LABEL CO 18258 HARRY A ORTLOFF 18259 PARK AUTO UPHOLSTERY 18260 PEPSI/7-UP BOTTLING CO 18261 PETTY CASH-PUBLIC SAFETY DEPT 18262 PITNEY BOWES 18263 PRAIRIE ELECTRIC COMPANY INC 18264 PRIOR LAKE AGGRETATE INC 18265 CHUCK PUFAHL 18266 R & R SPECIALTIES INC 18267 DAVE RANDALL 18268 GARY REIERSON 18269 RETAIL DATA SYSTEMS OF MINNESOTA 18270 CITY OF RICHFIELD 18271 RIEKE-CARROLL-MULLER ASSOC INC 18272 ROAD RESCUE INC 1 "73 ROGERS SERVICE CO . 74 SALLY DISTRIBUTORS INC 18275 ERIC SAUGEN 18276 SEARS ROEBUCK & CO 18277 SHAKOPEE FORD INC 18278 SHEEHY CONSTRUCTION 18279 WARY SMITH 18280 W GORDON SMITH CO 18281 DANA SORENSEN 18282 SOUTHWEST SUBURBAN PUBLISH INC 18283 SOUTHWEST SUBURBAN PUBLISH INC 18284 SOUTHWEST SUBURBAN PUBLISH INC 18285 DON STREICHER GUNS 18286 SUBURBAN CHEVROLET 18287 SUPPLEE ENTERPRISES INC 18288 TAYLOR'S MANUFACTURING 18289 THOMPSON PLUMBING CO 18290 MARK THOMPSON 18291 PATRICK J TIFFANY 18292 BARRY TRENT 18293 STANLEY W TOLL CO INC 15294 TWIN CITY OXYGEN CO 18295 UNIFORMS UNLIMITED 4194351 I296 UNLIMITED SUPPLIES INC '''7 VALLEY INDUSTRIAL PROPANE INC 1,-18 VAN WATERS & ROGERS 15299 VAUGHNS INC 18300 VOSS ELECTRIC SUPPLY COMPANY 18301 DANIEL J WAMPLER 18302 WARNING LITES OF MINNESOTA INC 18303 WATER PRODUCTS CO 18304 WATERITE INC 16305 WESTBURNE SUPPLY INC 18306 XEROX CORP 18307 ZIEGLER TIRE SERVICE CO 18308 ZIEGLER INC 18309 BROWN & CRIS INC 18310 EAGAN-Mt KAY ELECTRICAL CONTRACTO 1831.1 S M HENTGES & SONS 18312 RICHARD KNUTSON INC 18313 NORTHDALE CONSTRUCTION CO 16314 STANLEY E POND 18315 SHAFER CONTRACTING INC 18316 SHAFER CONTRACTING INC 18317 KAREN RINTA 16318 STATE TREASURER 18319 TOM DEREUS 18320 JENNIFER SOLSVIG 18121 KATIE DILLON ! 2 MINNESOTA POLLUTION CONTROLS AGNC 15J23 UNIVERSITY OF MINNESOTA 54087253 BOLTS & NUTS/SCREWS-STREET DEPT GAS CYLINDERS-COMMUNITY CENTER CHLORINE-WATER DEPT REPAIR FLAG-P/S BUILDING LIGHT BULBS-STREET DEPT BASKETBALL OFFICIAL/FEES PD WARNING SIGNS-WATER DEPT 43 REGULATORS CHART PAPER-COMMUNITY CENTER LIQUID SOAP-COMMUNITY CENTER SERVICE 4 TIRES-EQUIPMENT MAINTENANCE REGULATOR/GASKET/SHAFT-EQUIPMENT MAINTENAN SERVICE-CARMEL ADDITION SERVICE-VALLEY VIEW ROAD TO GOLFVIEW SERVICE-COUNTY ROAD 1 LIFT STATION SERVICE-ANDERSON LAKES PARKWAY SERVICE-PRAIRIE CENTER DRIVE SERVICE-LIME SLUDGE REMOVAL SERVICE-PRAIRIE CENTER DRIVE SERVICE-PRAIRIE CENTER DRIVE VOLLEYBALL OFFICIAL/FEES PAID CERTIFICATION EXAM-STREET DEPT REFUND-SKI TRIP REFUND-SKI TRIP REFUND-SKI TRIP CONFERENCE-STREET DEPT CONFERENCE-PARK MAINTANANCE 221.80 227.62 450.87 13.50 224.64 200.00 41.10 1247.00 73.74 27.77 221.29 670.48 52.78 7884.95 5654.00 52385.43 256007.96 41291.31 47034.00 81568.54 45128.75 40.00 15.00 5.50 5.50 14.00 90.00 75.00 $935139.18 :00 January 22, 1985 . Cash Disbursements by Fund number 141829.97 11904.25 44637.85 34277.33 84.82 1532.34 340094.02 1748.35 54765.57 94682.77 4420.50 47.73 200878.69 4234.99 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 33 UTILITY BOND FUND 36 P/S & P/N BOND FUND 51 IMPROVEMENT CONST FD 57 ROAD IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 CDBG FUND 90 TAX INCREMENT FUND 91 I I F DEBT FUND $935139.18 .21 MEMORANDUM TO: MAYOR AND CITY COUNCIL THROUGH: CARL JULLIE, CITY MANAGER FROM: ROGER A. PAULY, CITY ATTORNEY SUBJECT: WELCOME HOME DATE: JANUARY 18, 1985 Welcome Home originated this matter by applying for Variance No. 84-53 to permit the property at 7170 Flying Cloud Drive, to be used as a residence for up to 18 mentally ill persons. The matter was heard by the Board of Appeals on October 11, 1984, and November 8, 1984, which denied the request. Welcome Home appealed the denial to the Council. It is my understanding that Welcome Home has now indicated that it is no longer requesting a variance for occupancy of the property by 18 mentally ill persons, but only for up to 16 such persons. The property consists of .93 acre, and contains improvements consisting of a house, occupied as a dwelling, and a detached garage. The property is situated in the Rural District. DISCUSSION City Code authorizes the use of land situated in the Rural District (in addition to other uses not pertinent) for single family detached dwellings and accessory struc- tures, without platting, on parcels of not less than 10 acres (5 or more acres as of July 6, 1982). The 5-acre minimum size requirement for single family dwellings in the Rural District was first imposed by the City by the adoption of Ordinance No. 135 on October 14, 1969. Chapter 11 of the City Code, as did its predecessor Ordinance No. 135, con- tains a provision authorizing the continuation of non-conforming uses. A non-conforming use is defined as a use of a building or of land that does not conform to the regulations as to use for the District in which it is situated. Section 11.02, Item 36. Section 11.75 of the Code provides that a use, law- fully occupyinga structure or site on the effective date of the section, that does not conform with the use regulations or the site area per dwelling unit regulations for the District in which the use is located, shall be deemed a non-conforming use and may be continued. The section is in conformity with a well-established rule that, in matters of zoning, uses and structures which exist prior to the adoption of a zoning regulation or amendment, may continue to exist and be used thereafter. Generally speaking, such uses and structures may be maintained but may not be materially expanded or changed. M.S. Section 462.357, Subd. 7, states in part, "A state licensed residential facility serving 6 or fewer persons . . . shall be considered a permitted single family residential use of property for the purposes of zoning." Subd. 8 provides in part, ". . . A state licensed residential facility serving fiom 7 to 16 persons . . . shall be considered a permitted -2- 2') 3 multi-family residential use of property for purposes of zoning . . . •" In commenting upon a prior version of these provisions, the Minnesota Court of Appeals, in the recent case of Good Neighbor Care Center v. The City of Little Canada, decided November 9, 1984, stated, The policy behind the statute allowing group homes or foster homes to be situated in residential districts despite munici- pal zoning ordinances is clearly set forth in the statute. Mentally retarded and physically handicapped persons should not be excluded from the benefits of normal residential surroundings. In requiring the City of Little Canada to issue a building permit for a facility to be occupied by 4 unrelated elderly .residents and 2 houseparents, the Court held that Subd. 7 pre-empts the City's ordinance, which does not authorize such a use in a single family district. Because Subd. 7 permits up to 6 persons to occupy a single family residence, and Subd. 8 permits from 7 through 16 persons to occupy a multi-family residence, it is necessary to determine whether the property in question is a lawful non-conforming single or multiple dwelling. Applicant claims that the property is a lawful non- conforming multiple dwelling. On this issue, the Board of Appeals found that applicant had not met its burden of proof to establish that the property, since the adoption of Ordinance 135 on October 14, 1969, and continuously thereafter, -3- has been used as a multiple family dwelling. Since that decision, however, both the applicant and City staff have made further investigation concerning.that issue. Reports of staff member, Steve Durham, dated December 18, 1984, and January 8, 1985, reveal the following information: The house was constructed 90 to 100 years ago. A double garage, for which a building permit was issued, was constructed in 1978. Attached to the December 18, 1984, Memorandum is a diagram of the house, showing the arrangement of the living units. The diagram shows that there are presently 3 kitchens and 3 bathrooms in the structure. The structure has 2 entrances, 2 stairwells and appears to be arranged for 3 separate living units. Illah Sutton has provided an affidavit indicating that she and her husband lived in the property beginning in 1948 and continuing through 1979, when it was sold to the present owner, Donald Hanson. She states that from 1948 through 1979, the property was used and operated as a multiple family dwelling with 2 dwelling units. An affidavit of Donald Hanson states that the struc- ture has been a multiple family dwelling throughout the time he has owned it. Attached to Mr. Durham's Memorandum of January 8, 1985, is a diagram of the premises as it existed prior to l969. That diagram shows 2 separate entrances, 2 bathrooms, and 2 kitchens in a configuration constituting 2 separate living units. The principal differences in the 2 configurations appear to be that in the current configuration, -4- ;47S the northerly portion of the first floor of the premises, which was formerly a storeroom, now is shown to contain a living room, bathroom, and kitchen, as well as laundry facilities. The house is served by one gas and one electric meter and one water and sewer hookup. Mr. Durham reports that the City's records do not reveal the existence of any building permits for the installation of these facilities in that part of the premises. Mr. Hanson asserts in his affidavit that in 1980, remodeling was inspected and approved by the City. It is not clear whether the remodeling, which is described in Mr. Hanson's affidavit, included the construction of the apartment in the northerly . portion of the first floor of the house described above. City Code Section 11.02, Item 14, defines a multiple dwelling as, "A building designed for or occupied by two or more families." The evidence is persuasive that the house was designed for and occupied by at least two families since and prior to the adoption of Ordinance 135 on October 14, 1969. If the Council, after having reviewed all of the evidence, concludes that the house was used as a multiple dwelling for two families, M.S. Section 462.357, Subd. 8, dictates that it may be occupied as a state licensed resi- dential facility serving from 7 through 16 persons. It is noted that City Code Section 11.02, Item 17, defines a family as a group of not more than 5 persons, some or all of whom are not related by blood, marriage, or adoption, -5- and Section 11.65, relating to family care homes, defines a family care home as a residential structure, typical of those in'the neighborhood, having a maximum of 6 residents. These limitations would not, in my opinion, prevail in the light of M.S. Section 462.357, Subd. 7 and 8. The Court in Good Neighbor Care Center, in requiring the City of Little Canada to issue a building permit, held that M.S. Section 462.357, Subd. 7, relating to single family residential use, pre-empts the City's ordinance which did not permit the proposed use. While the evidence and the statutory authority support the conclusion that the premises may be used for up to 16 persons as a state licensed residential facility, there are limitations on the extent that change i may be made in the structure to accommodate that use. City Code expressly permits routine maintenance and repairs on a non-conforming structure. This is in accord with the general rule that substantial alterations or structural changes may not be made in a non-conforming structure. At this time, there is uncertainty as to the extent of the changes which may be needed to accommodate the structure to this use. If the Council determines that the proposed use is authorized, the Building Department, the Fire Marshal, and perhaps other staff members may require further investiga- tion to determine what, if any, changes are required by Building, Fire, or other Codes. Such determination will, of course, bear upon the question of whether changes in the -6- :2/1 1 structure must be made as would result in a prohibited expan- sion or change in the structure beyond those permitted for non-conforming uses. In this regard, the case of Northwest Residents, Inc., and Rita Smith, et al. v. The City of Brooklyn Center, recently decided by the Minnesota Court of Appeals, is helpful. In that case, the applicant sought a special use permit for a group home for 18 mentally ill adults in a four-plex building in the City of Brooklyn Center. Each of the four-plex units contained a kitchen and dining area, 2 two-person bedrooms, a living room and bathroom. The proposal was to convert two kitchens into one-person bedrooms and one kitchen into an office. Two of the units would then house four residents, and two of the units would house five residents. The use of the four-plex as a multiple residential dwelling, was a lawful non-conforming use because the lot was substandard in size for that purpose. On these facts, both the Trial and Appeals Courts concluded, contrary to the City's contention, that the proposed use would not constitute an expansion of a non-conforming use. CONCLUSION The evidence is persuasive that the house situated on the property has been used since and prior to 1969 as a multiple dwelling and constitutes a non-conforming use. A state licensed residential facility serving from 7 through 16 persons is considered a multi-family residential use of -7- property for zoning purposes. Substantial alterations or structural changes may not be made in the structure to accommodate such use without a varianae. Although all the changes which may be necessary are unknown at this time, remodeling of some rooms, such as conversion of kitchens, would not be considered an enlargement of the non-conforming use under the Northwest Residents, Inc., case. RAP:cw -8- aZ rig atE FINDINGS, CONCLUSIONS AND ORDER RE:. WELCOME HOME REQUEST FOR VARIANCE NO. 84-53 Variance Request No. 84-53 is to permit property at 7170 Flying Cloud Drive, ,Eden Prairie, Minnesota, to be used as a residence for up to eighteen mentally ill persons. The matter'came on.for hearing before the Board of Appeals on October 11, 1984, and on November 8, 1984. Applicant was represented by Barbara Willcox, and at the November 8, 1984, hearing, was also represented by John Strothman, its attorney. FINDINGS AND CONCLUSIONS 1. The property at 7170 Flying Cloud Drive is legally described in Exhibit "A," attached hereto and made a part hereof. The property consists of .93 acres and contains improvements consisting of a house and a detached garage, all of which is occupied as a dwelling. • 2. The property is situated in the Rural district. City Code Section 11.10 authorizes the use of land situated in the Rural district (in addition to other uses not pertinent) for single-family detached dwellings and accessory structures without platting on parcels of not less than ten acres (five or more acres as of July 6, 1982). The five-acre minimum size requirement for single-family dwellings in the Rural district was first adopted by the City by the adoption of Ordinance 135 on October 14, 1969. A "single-family dwelling" Cr 4,01C II is defined in Section 11.02 of the City Code as a building designed for or occupied exclusively by one family. "Family" is defined as including a group of not more than five persons, some or all of whom are not related by blood, marriage, or adoptiod, living together and maintaining a common household. Under Section 11.66 of the City Code, "family" is defined as consisting of not more than six unrelated adults or children who are residing in a family care home whose express purpose is to create a family home environment. 3. The property is presently being used for residential dwelling purposes. Applicant has claimed that the property is currently and has, since the adoption of Ordinance 135 on October 14, 1969, and continuously thereafter, been used as a multiple-family dwelling. In support of this contention, applicant submitted a copy of a letter from a former owner to whom it may concern stating that when she and her husband purchased the property in 1958, it was a duplex and remained so until sold in 1979. A member of the City staff who inspected the property reported that the dwelling has only one sewer and one water hookup, one electric and one gas meter; that although it contains three kitchens, no building permit had been taken out for their construction; that the building did not appear to have walls which would indicate separate apartment units; and it was concluded that the structure is a single-family dwelling. Applicant has not met its burden of proof to establish that the property is -2- currently and has, since the adoption of Ordinance 135 on October 14, 1969, and continuously thereafter, been used as a multiple-family dwelling such as would constitute a per- mitted non-conforming use under the Code. Consequently, the state of the evidence permits the inference that the property's use is that of a conforming single-family dwelling. Neither the owner of the property nor the applicant has met the burden of proof (i) that denial of the variance would cause undue hardship because of circumstances unique to the property; (ii) to demonstrate that granting the variance e would be in keeping with the spirit and intent of the ordinance; and (iii) that the property can not be put to a reasonable use if used under conditions presently allowed. ORDER Based upon the foregoing, the request for Variance No. 84-53 is denied. -3- Welcome Home PHONE: (612)4747052 RestActfully nHer n—Schele (for narbara Lundstrom illcox) JAMES JUST, EXECUTIVE DIRECTOR 4250STONEBRIDGE CIRCLE MINNETRISTA, MN 55364 January 16, 1985 Dear Mayor Peterson and Members of the City Council, At Mr. Durharoo reouost we are ,rovidinq you with this letter indicatino that we are willino to accept a modification of our request, reducinq the number of clients from eighteen to sixteen. 1." Welcome Home PHONE: (612)474-7052 JAMES JUST, EXECUTIVE DIRECTOR 4250 STONEBRIDGE CIRCLE MINNETRISTA, MN 55384 January 14,1985 To: Eden Prairie City Council From: Welcome Home Hennepin County, particularly suburban Hennepin Co u n t y , h a s h a d a n e e d for some time for residential facilities for peopl e w h o a r e m e n t a l l y ill, who are capable of living and functioning in t h e c o m m u n i t y , b u t not yet capable of living independently. The resp i t e c a r e f a c i l i t y proposed by Welcome Home will serve some of the ne e d s o f t h i s population by providing a temporary living environ m e n t f r o m w h i c h people rizo, redirect and reorganize their activities preparat o r y t o a permanent living arrangement. An economic analysis of costs of services is esse n t i a l t o c o u n t i e s ' contracting for services of group homes. Economi c a l l y , a g r o u p h o m e at the proposed location would not be possible to o p e r a t e u n d e r t h e contract between Hennepin County and Welcome Home i f f e w e r t h a n sixteen to eighteen clients reside under the care o f t h e W e l c o m e H o m e staff. It would, therefor, constitute an undue ha r d s h i p t o W e l c o m e Home, Hennepin County and prospective clients if W e l c o m e H o m e w e r e required to operate this group home with fewer th a n t h a t n u m b e r o f clients residing in the home. A variance and/or o t h e r a p p r o v a l s necessary to such use are requested to use the prop e r t y o f 7 1 6 4 a n d 7170 Bryant Lake Drive as a respite care facility a s d e s c r i b e d i n materials submitted to the city staff. One or more city staff members have questioned the s t a t u s o f t h e proposed location as a multiple use dwelling. The p r o p e r t y i s currently and has been since the adoption of Ordina n c e 1 3 5 o n O c t o b e r 14, 1969, and continuously thereafter, used as a m u l t i p l e f a m i l y dwelling. Such being the case, Welcome Home believ e s t h a t t h e proposed use of the property is appropriate. In 19 5 8 , M r s . I l l a h Sutton purchased the property and rented one of the u n i t s . ( a f f i d a v i t included); prior to that she herself had rented on e o f t h e u n i t s . In 1979, she sold the property to Don Hansen who has m a i n t a i n e d i t a s a multiple use dwelling (affidavit included). In 19 8 0 , M r . H a n s e n d i d extensive remodelling to enhance the rental value o f t h e u n i t s , notably the installation of three new kitchens whi c h w e r e i n s p e c t e d and approved by the city of Eden Prairie. The uni t s a r e s e p a r a t e d b Y locked doors and the occupants have separate bathr o o m s , s e p a r a t e V. itchens, separate entrances, separate addresses a n d m a i l b o x e s a s confirmed by the Hopkins Post Office supervisor of m a i l c a r r i e r s , D a l e Lighter, and separate telephones with different nu m b e r s a n d l i s t i n g s . The occupants of the three units are not related t o o n e a n o t h e r ( s e e Hansen affidavit). Moreover, as a multiple use dwe l l i n g , i t i s i n compliance with state statutes allowing 7 to 16 re s i d e n t s w i t h i n a multiple dwelling, a point Welcome Home believes w a s n o t e d b y R o g e r Pauly at a public hearing before the Eden Prairie B o a r d o f A p p e a l s a n d Adjustment on November 8, 1984. Other sites had been considered in Golden Valley, C r y s t a l a n d Minnetonka, but the first was removed from the ma r k e t , t h e s e c o n d w a s deemed too small and the third did not have a lar g e e n o u g h o p e n a r e a around it: Further-, at the suggestion of city st a f f , E d e n R e a l t y w a s contacted regarding a possible alternate site on Eden Road jus t s o u t h of Highway 169 near Hardees restaurant, but that property was n o longer available. Welcome Home believes that the proposed site o f f e r s a combination of advantages not present elsewhere: proximity to t w o major shopping'areas for employment opportunities and MTC conn e c t i o n s , proximity to the Hennepin Vocational Technical Institute for tra i n i n g opportunities (Welcome Home will provide transportation in its o w n v a n as noted in the proposal to Hennepin County, page 5, already sub m i t t e d to Eden Prairie), a site which is relatively well separated from surrounding neighbors without being isolated and a structure whi c h lends itself to a viable program with a minimum of reconstructio n . Along this same line, much consideration has been given to avoi d i n g a n "institutional" appearance, both inside and outside. The primar y exterior modification is an enclosed staircase to comply with f i r e code and this will fit with the general character of the buildin g . The interior modifications are such that the building readily c o u l d b e returned to its present use in the event that Welcome Home were t o cease the proposed use. • Numerous contacts have been made with community resources, agen c i e s and individuals who are prepared to join in cooperative efforts t o serve the clientele proposed by Welcome Home. Included are Hen n e p i n Vocational and Technical Institute (Dave Cook), Wellspring, And r e w s Care, South Hennepin Human Services Councit,YMCA and Hennepin C o u n t y Mental Health Day Care Center (Director, Hal Shippits). Final w r i t t e n agreement, however, is contingent upon approval of Welcome Home ' s proposal by the Eden Prairie City Council. There was a question posed by one or more city staff regarding t h e referral process for clients to Welcome Home. The process is, i n fact, highly structured and depends primarily on county agents o r other mental health profesionals. It is described in considera b l e detail in the Welcome Home proposal to Hennepin County pages 1 ("Placement Procedure"), 2 (B&C),4 (items 1-4) and 11 (entire p a g e ) . This proposal was previously submitted to Eden Prairie city st a f f prior to the November hearing of the Eden Prairie Board of App e a l s a n d Adjustments as well as to the Eden Prairie Human Rights Commis s i o n . There was a question posed by one or more city staff regarding t h e separation of clients by sex. The upstairs will be divided half f o r male and half for female and each will have their own bathroo m . S i n c e the numbers of each will vary, however, specific designations may alternate. There was a question posed by one or more city staff regarding t h e provision for an advisory committee as required by Minnesota Lic e n s i n g Rules 34 and 36. This is, in fact, addressed in Welcome Home's proposal to Hennepin County on pages 9 (Client Participation), 14 (Organizational Chart) and 15 (item 8). As noted above, this p r o p o s a l was previously submitted to Eden Prairie city staff. In point o f f a c t , this committee is already being developed and will be establishe d immediately upon Welcome Home's opening. The plans Welcome Home has submitted address virtually all the concerns and suggestions which have been presented to us. The f l o o r plan shows night supervision stations ' the number of people per room, f room dimensions and the recreation area. The facility is hand i c a p p e d accessible and one bedroom on the first floor has been design a t e d f o r handicapped. These were items raised in Steve Durham's lette r o f December 17, 1984 as well as by the Eden Prairie Human Rights Commission. The addition of the enclosed stairway and the separ a t i o n of the furnace with one hour construction speak to points rai s e d b y Wayne Stevens, Supervisor, Plan Review, State of Minnesota Build i n g Codes and Standards in his letter of December 18, 1964. In summary, Welcome Home has attempted to respond to each point r a i s e d in question of the proposed facility in as timely a manner as possible. We have mad* changes where required, provided clarif i c a t i o n as necessary and submitted extensive documentation in support o f t h e appropriateness of the use of this particular property for the proposed program. Finally, Welcome Home would like to take exc e p t i o n to the statement included in a memorandum from Steve Durham to P a u l Redpath dated December 18, 1984, that "---applicant information w a s 'trickled in'---". There seems to be an inference that Welcome H o m e may have been disorganized, tardy or uncooperative in its deali n g s with city staff. We would hope that this is not the intended implication since we believe that we have complied with all re q u e s t s within the specified time limits as they were made known to us . Nevertheless and notwithstanding, it is Welcome Home's intenti o n t o work with city staff in a cooperative fashion to develop and i m p l e m e n t a viable program resource for the city of Eden Prairie and its neighbors and we certainly would hope that this would be a mut u a l committment. If you have any additional concerns or questions not addressed o r n o t addressed to your satisfaction, please contact us as soon as p o s s i b l e so that we may promptly respond. Sincrcely, , Schele for Barbara Lundstrom Willcox 764( Welcome Home 1 AFFIDAVIT STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) DONALD HANSON, being first duly sworn, deposes and states as follows: I am the present owner of the property located at 7164-7170 Bryant Lake Drive, Eden Prairie, Minnesota, and have been such since December 1, 1979. The structure on that property has been a multiple family dwelling throughout the time I have owned it. It consists of three separate living units, all separated by locked doors. Each unit has a separate bath facility and a separate kitchen. There are two separate mail boxes and two separate entrances with different addresses posted by each one. I include utilities in the rent charged to tenants and, as landlord, pay those utilities myself (gas, city water and electrical). In 1980, I did extensive remodeling of the premises. This remodeling was inspected and approved by the City of Eden Prairie in late 1980. Among the things I installed are: new electrical wiring, insulation, walls, carpeting, two gas furnaces, water softner, new bath fixtures, new roof, gutters, awnings, shutters, and sliding glass doors. Attached is a list of the occupants of the three dwelling units during the period I have owned the property. Donald Hansen Subscribed and sworn to before •me_this mhday , January, 1985. - 1 Notary Public RACHEL L 8014'IN / Nwomeustic—AmmElmA HENNEPIN COUNTY cannussm, expares Nov. 6, 1990 273 EXHIBIT History of structure at 7170 - 7164 Bryant Lake Drive For 7170: February 1980 - April 1981 Ed and Chris Collins V:4nS \ck,Z5 9 \, -c- c.-\2* "C:),Nr-Vr--\ For 7164: 1966 - 1968 Ron and Barb Ryman 1968 - 1969 James Bowman 1969 - 1976 Mike Thompson 1976 - present Don Hansen (purchase property in 1979) For unit above 7164 (separate living unit) 1980 Donna Anderson 1981 Ed and Chris Collins 1982 Pam Hewitt (6 months) 1982 Sue Orcott (6 months) 1983 Herbert Hersch 1983-84 Dave Fosnought 1984 Kathy Kinzer EXHIBIT Unit 7170 1943 - 1979 Mr. and Mrs. C. L. Sutton Unit 7164 v1:14/ 19S0 - 19 j 1953 - 1.959 1959 - 1960 1960 1960 - 1966 1966 - 1968 1968 - 1969 1969 - 1976 1976 - 1979 Howard Miller Jerry Bengsten Burt Sutton Two nurses for six months James Lynch and family Ron and Barb.Ryman James Bowman Mike Thompson Don Hanson ) 1,- • -i, 1,, • ,11 I, „ 0 (7 • lt5L‘ I From the desk of ULU SUTTON &t,S3,g 7/7o _ 4,5q MEMORANDUM TO: 11IRU: FROM: DATE: SUBJECT: Mayor and City Council •Bob Lambert, Director of Community Services Jan Flynn, Human Services Coordinator January 17, 1985 Welcome Home Presentation at Human Rights and Services Commission On October 15, 1984, thc Human Rights and Services Commission recommended to the Board of Appeals denial of the Welcome Home Variance 84-53, based on insufficient information and documentation of the following: • physical and/or home remodeling • parking • in-home recreational activities • protection to the homeowners and clients • that theproperty cannot appropriately handle 18 clients The Commission supported the concept of deinstitutionalized, residential type short term, respite care for the mentally ill, but felt the need for greater clarity on perceived needs and goals of Hennepin County for this target population. On January 15, 1985, representatives from Welcome Home, Hennepin County and the Mental Health Association of Hennepin County attended the Human Rights and Services Commis- ion meeting. The statements from these representatives on the appropriateness of the site to handle these clients effectively, floor plans of the building, and further discussion and information on the need and goals of Hennepin County in this project satisfactorily addressed the Commission's concerns in the previous denial. MOTION: Vanflorn moved, seconded by Jackson, that in the areas of responsibility the Human Rights and Services Commission covers, Welcome Home and represented individuals have given satisfactory response and information to previous concerns. The Commission appreciates and supports the progress Welcome Home has made in clarifying questions raised and feels the project merits further consideration and should proceed through the appropriate City departments and to the Council for approval. The Commission strongly supports the concept of deinstitutionalized, residential type, short term respite care for the mentally ill and feels the Welcome Home project has the potential to he an asset the the Eden Prairie community. Motion carried 4-0. JF:md 2 i& 7221 Willow Creek Road Eden Prairie, MN 55344 January 18, 1985 Mayor and City Council Members Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Gentlemen: Enclosed is a copy of a letter sent to members of the Eden Prairie Human Rights and Services Commission. It states some of the concerns we have in the regard of the Welcome Home halfway-house proposal. The Eden Prairie Human Rights and Services Commission recom- mended against this proposal. While the letter covers concerns mostly about the human aspects of the proposal, we feel that it is important that you be aware of these as well as the legal problems involved. We hope that you will take all these concerns into consideration in your review of what we feel is a most inappropriate use of this property. Thank you for your consideration of this matter. Sincerely, Jonathan and Bonita Wilkie James and Barbara Gabbert John and Linda Golle Robert and Maggie Dickhouse Robert and do Mary Hayes Fred and Myrtle Holasek Carrie and Tom Braun Donald and Blanche Johnson Estelle and Howard Knudsen James and Jean McMeill Ruth Otis James and Raynelle Perkins Pearl and Ray Freeburg Daniel and Jean Grote Donald and Elaine Sorenson Gedney and Mary Tuttle George and Donna Welsh Mat and Arlys Miller P.S. The Board of Appeals and Adjustments unanimously voted against this proposal. Enc. 7221 Willow Creek Road Eden Prairie, MN 55344 October 15, 1984 Human Rights & Service Commission City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Attention: Ms. Jeanette Mika, Chairperson Dear Commission Members: The neighbors of Willow Creek Road have met with Barbara Willcox, representative for Welcome Home, and Donald Hanson, owner of the proposed site for a halfway house for the mentally ill. We are deeply concerned about both the legal and human aspects of this proposal. It is Our understanding that your commission is concerned only with the human aspects of this proposal, so only our concerns in this area are listed below for your review: 1) The need for a facility of this type and size in Eden Prairie has not been established. Welcome Home has no study to document this requirement. 2) Only one comparable institution exists in the metropolitan area (located downtown). Since Welcome Home's funding is from Hennepin County, there must be a more centralized and less remote location for a second facility, if such need exists. 3) The current Eden Prairie city code only allows for a maximum of 6 patients in a single family residence. Welcome Home is requesting to permit a maximum of 18 patient/residents. This is a dramatic departure from the current city code. 4) The Hanson property is .9 acres, not 1-1/3 acres as stated in the proposal. Of the .9 acres, .25 acres is marsh and creek bottom, rendering it useless to the Welcome Home proposal. We question if space is adequate for such a large number of patients. Human Bights A SnrVi00 Commission Page - 2 October 15, 1984 5) The property lacks direct access to public transportation. 6) Several safety hazards exist at the site including the creek, Bryant Lake, Countryside Auto Parks junkyard, and no sidewalks in the neighborhood. 7) The building modifications required at this site to house 18 patient/residents and staff cannot possibly be in keeping with the character of the neighborhood. 8) Welcome Home will operate as a "lease tenant" and not as an owner/operator. We question what capital commitments should be required by this proposal and whether this organization has the internal funding. 9) Welcome Home has planned one van to shuttle patients which requires one staff member and is inadequate to handle the transportation needs of 18 patient/residents. 10) The Hanson property does not allow adequate parking provisions for staff members, van, visitors, and service vehicles. Welcome Home also proposes to convert the garage to meeting space. 11) Welcome Home has no requirements for on site or liaison medical or psychiatric supervision or follow-up of patients. 12) Welcome Home has no previous experience in caring for mentally ill adults. They lack experience in skilled nursing care, hospital care, and crisis services related to the care of adult mental patients. 13) Welcome Home has not provided a staff profile outlining experi- ence or education of either supervisory or operating personnel. 14) Welcome Home has not established any community liaisons neces- sary to insure total support of the program's services. 15) Welcome Home has no program plan for providing full-time acti- vities to occupy patients, nor program to measure their progress. There are no outside activities available in the proposed area. 16) The remote location of the proposed site contradicts Welcome Home's basic philosophy of getting patients back into the mainstream of life. Thank you for your consideration of these matters. in • \ _ _ Icctlian P. Wilkie 1Ipig Human Rights & Service Commission Page - 3 October 15, 1984 17) With a maximum individual stay of 60 days, there would be a a transient patient group in constant flux. This would be difficult for both staff and neighbors to deal with. 18) The property lacks appropriate zoning which would allow this proposal to occupy the site. The neighbors feel that these are valid concerns which need to be considered in your evaluation of the Welcome Home proposal. We hope that you concur that an alternate location is in the best interests of the proposal, assuming a valid purpose and program plan exists. <v Jan Flynn South Hennepin Human Services Council Representative Tom Esser - Executive Director South Hennepin Human Services 9801 Penn Avenue South Bloomington, Minnesota 55420 - (Mr. Tom Esser, please submit a copy for the Mental Health Advisory Council Commission, which I have enclosed.) Kent Molde . Don Sorenson Willow Creek Homeowners STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION SAINT PAUL !WILDING CODE A00 METRO SQUARE DIVISION 7D4 AND RODERT El' OT. PAUL MN 05101 December 18, 1984 Phonen 612/296-4639 Ms. Barbra Lundstrcm Willcox Welcome Home 4250 Stonebridge Circle Minnetrista, Minnesota 55364 Re: Respite Care Facility, 7170 Bryant Lake Drive, Eden Prairie, MN Dear Ms. Lundstran We have received your letter and drawings of the floor plans of the building that is prcposed to be used for respite care. UBC 502 states there shall be no change in occupancy classification unless the building wmplies with the requirements of the new classification. Conversely, if the occupancy classification for the new use is the same as for the existing use, the requirements in the building code for new buildings do not apply. Any work done in the building is required to comply with the code. It appears fret the plans, that the facility is designed for more than 6 persons. The occupancy classification will be R-1-and the building shall ccmp)y with all requirements for the R-1 occupancy, V-N construction. 1. Verify the location of property lines. See Table 5-A and Section 3306(r) for requirements. 2. V-N construction restricts the height to two stories, Table 5-D. It is assumed that this building will not be modified to comply with V4 hour construction, therefore these comments will be based on V-N construction. 3. The third floor cannot be used for storage or sleeping roams. The stair will have to be closed off to the third floor. 4. Two exits are required from the second floor. The two existing stairs are not separated as required in Section 3303(c). 5. The furnace room shall be separated frcm the rest of the building by 1 hour construction, Section 1212. . 6. Verify that a windcw to each bedroom cakolies with Section 1204. 7. Draft stops shall be provided in the attic as called for in Section 2516(1)4. 22:1 AN EQUAL OPPORTUNITY EMPLOYER 41:7:N. (ID Page Two December 18, 1984 Welame Home 8. The plans do not show grade elevation at the entrance. Verify that access is providdd for the handicapped; Section 1.15502 of the State Building • Code. 9. It is assumed that the meeting roan in the space previously used as a garage, is an accessory use to the R.1. Occupancy. The walls shown around the car port shall be constructed to provide a 1 hour occupancy separation, UBC Table No. 5-B. 10. Section 1216 and 1217 are new sections in the State Building Code that apply to R-1 Occupancies. These sections are not listed in this review as requireTents because of lack of information about respite care facilities. The capabilities of the residents and supervision necessary may preclude the need for sound control and dead bolt locks. If additional information is available that states the need for these requirements, the provisions of these sections will be applicable. 11. The plans submitted do not shcw details of the building construction. Please verify with the local Building Official. Yours truly, BUILDING =LS & STANDARDS %pie Stevens Supervisor, Plan Review lp cc: 4tyne Sanders, Building Official, Eden Prairie, MN Health Facilities Division, State Dept: of Health CITY OFFICES / 6950 EDEN RHAIDIE ROAD / EDEN PRAIRIE. MN 55344.2499 / MINOR [6121 937.2262 December 17, 1984 -1 1 !rn i r Barbara Lundstrom Willcox 4250 Stonebridge Circle Minnetrista, MN 55364 RE: WELCOME HOME Dear Ms. Willcox: 'Pursuant to our meeting on December 12, 1984, with Jan Flynn and myself, I wo u l d like to reiterate our discussion. It was my understanding that the intent of t h e meeting was to meet with Staff to discuss further information which would enh a n c e Welcome Homes' proposal to the Human Rights and Services Commission and the C i t y Council. First, we discussed items that the Human Rights and Services Commission w i l l address. You will want to be prepared to further clarify the following items li s t e d below: Have finalized interior and exterior plans for the proposed Welcome Home facility. Indicate all planned interior changes on first, second, and third floor. For example, indicate any walls, kitchens, bathrooms, or stairwells • to be added or deleted. Note all exterior alterations to the structure. This could include a firescape from the third floor and any adding or deletion of windows or doors. Explain the type of materials to be utilized In an exterior firescape. An exterior architectural elevation of the firescape to visually explain the proposal would be appropriate. Indicate a location, on the second and third floor, where night supervision stations will be placed to oversee clients during night time hours. Address, in detail, the referral program for the Welcome Home facility. Distinguish sleeping quarters and bathrooms to be utilized by male and female clients. Indicate on the plan the number of persons which will be assigned to a room, e.g., show which rooms are single, double, or triple. Document the number of square feet required by each client in a sleeping room. Indicate on the plan, areas to be utilized for outdoor recreation, e.g., volleyball, football, and sitting areas. Indicate the location of the the creek and any crossing on the plan. Document locations of other respite care facilities in Hennepin'County which are handicapped accessible. Explain why this facility does not have to be handicapped accessible, e.g., program constraints relieving this facility from handicapped accessibility. 215 Barbara Lundstrom Willcox December 17, 1984 Page Two Expand on the type of clients served and the degree of mental illne s s . Document the need for a respite care facility in the suburbs. The second issue we discussed, involved items that the City Council wi l l a d d r e s s . You may want to provide detailed information or clarification to t h e f o l l o w i n g items. Have finalized interior and exterior plans for the proposed Welcome H o m e facility. Indicate all planned interior changes on first, second, and t h i r d floor. For example, indicate any wallt, kitchens, bathrooms, or stairw e l l s to be added or deleted. Note all exterior alterations to the structu r e . This could include a firescape from the third floor and any adding o r deleting of windows or doors. Explain the type of materials to be util i z e d in an exterior firescape. An exterior architectural elevations of t h i s firescape to visually explain the proposal would be appropriate. You have indicated that the existing garage will be converted t o a office/meeting facility. Code requires one enclosed parking space p e r dwelling unit. The term enclosed is defined as a covered parking sp a c e , including a roof, side walls, and door for access and egress. Any n e w construction for a garage would have to meet City Code requirements. The garage, if converted, will have to meet all State and City bui l d i n g codes relative to heating plant, energy codes, and sanitary . s e w e r requirements. Staff parking will have to be addressed. Code requires one parking s p a c e per employee. The staffing program indicates a Peak of six employee s o n - site at one time. Therefore, Code must be met regarding Staff parking. Visitor parking must also be addressed. Documentation on the nee d f o r visitor parking for a respite care facility would be appropriate to p r e s e n t to Council. A proposed end use plan should be addressed. Should Welcome Home lea v e i n one year, or six years, what provisions will be made to restore the faci l i t y to its rural zoning classification. Assuming the Welcome Home facility w i l l take on an institutionalized interior floor plan, will i.t be possible t o convert back to a Low Density Rural zoning land use. Address all issues in summary of findings, conclusions, and order, regard i n g Welcome Home request for variance No. 84-53. Welcome Home must meet i t s burden of proof to establish that the property is currently, and has, s i n c e the adoption of Ordinance No. 135, on October 14, 1969, been utilized a s a multiple family dwelling. Welcome Hone must meet its burden of proof, th a t z'3 L/ Barbara lundstrom Willcox December 17, 1984 Page Three the denial of the variance would cause undue hardship because o f circumstances unique to the property, demonstrate that granting of th e variance would be in keeping with the spirit and intent of the ordinance, and that the property can not be put to a reasonable use if used unde r conditions presently allowed. Any documentation from State, County, or other governmental licensing agenc y approving or supporting the Welcome Home request. would like to remind you that these are only Staff suggestions of what t h e H u m a n Rights and Services Commission and City Council may address, however, c o m p l e t e information should help the Commission and Council to understand your propos a l . As I understand, you will be going before the Human Rights and Services Com m i s s i o n , January 14, 1985. Information you want, included in that packet, must b e i n t o Community Services no later than 4:30 p.m. January 9, 1985. If a hearing date is set for January 22, 1985, for City Council to review the B o a r d of Appeals decision, information to be included in that packet must be i n t o t h e Planning Department no later than 4:30 p.m. on Friday, January 11, 1984. I would also suggest discussing your building plans with Wayne Sanders, o f t h e Building Department, and the City Fire Marshall, Phil Mathiowetz. Should you have any further questions, please do not hesitate to call me. Sincerely, CITY OF EDEN PRAIRIE Steve Durham Assistant Planner SD/mw Resident DAVE KROGSENG Vrce.Presideni AdromiNtration MILTON RIX Vice.Presitkru Chapter Sctvices /ANL KLINGLL • Vice-President Communications . 6NERRATSCN • Viet-Peeeidem Development ROBERT MEAD Vice.President • NMI,: Affairs THOSIAS OLSON Secretary PATRICIA KEITII Treawer CRAIG WRICK Nalional Dclegale A LOUIS CHAMPLIN heckAAr Dtrecior GLORGE DAVID CARD utl; 1:0 'oth n••••n•••nnn4110......101•111,••••n•••••n••nn••••••nn•••••• 612:1M.9046 • . SSW Green Valle) Dnve Suite RH Ithvntinf ton. Mtnneuna SSW November 7, 1984 Ron Krueger, Chairman Board of Appeals and Adjustments City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, MN 55344-2499 Dear Mr. Krueger and Board gembers: The controversy surrounding the current attempt to provide a residential facility to serve mentally ill individuals in your. community has undoubtedly raised serious concerns and fears. Such concerns and fears are understandable. The citizens of Eden Prairie are, after all, interested in preserving the wholesome environment of the area and the value of a lifetime investment in home and property. I agree that the concerns are legitimate--and rightfully ex- pressed--and I respectfully request the opportunity to address some of those concerns. In doing so I refer to a letter dated October 15, 1984, and sent to the Eden Prairie Human Rights and Services Commission, outlining nineteen concerns of local neighbors and citizens (attached). Several concerns address programatic issues that are covered by state licenses required for the program. Facilities for mentally ill individuals are licensed by the state Department of Human Services under Rule 36, which sets specific standards for programming, staffing, community liaisons, and liaison medical and psychiatric services. In addition, the Commissioner of Public Health has exclusive authority to set licensing stan- dards for the operation of residential facilities. Finally, contracts for residential programs go through an extensive re- view process by Hennepin County. Welcome Home was chosen as the best prospect from six or seven applicants for the contract. Other concerns address the quality of the site chosen. In these cases it has long been our organization's position that mentally ill individuals are to be treated with equal respect, and given equal civil rights, as so-called "normal" person4': Why are sidewalks needed for mentally ill individuals when they are not for the neighborhood's current residents? Is the pre- sence of a creek or auto junkyard more detrimental to them than t6 current residents? Why are mentally ill individuals less able to take the bus, or otherwise provide for their own trans- 2tV, Mr. Krueger, Board of Appeals and Adjustments November 7, 1984 page two portation? Finally, there has been some discussion .of the South Hennepin Human. Services Planning Board's role in advocating for the establishment of Welcome Home's program. In fact, neither SHHSPB nor our organ- ization actually "approves" a program; we never have done so. Our respective roles involve advocating for services in general, and not for specific programs. We recognize the concerns of Eden Prairie residents as legitimate, and will do our best to address them as the process for issuing a permit to Welcome Home continues. Susan Lentz will be attending Thursday evening's meeting of the Appeals Board as a representative of our organization, and will be available for questions at that time. In addition, please feel free to contact me or any-other repres- entative of the Mental Health ASsociation if you have any questions or comments. We welcome your participation. Thank you, de1.2/ George Dr. Carr Executive Director GDC:pja 2611. MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Appeals Jeanette Mika, Chairperson, Human Rights and Services Commission November 1, 1984 Proposed Welcome Home Located at 7170 Flying Cloud Drive Variance Request #84-53 A motion was made by Elizabeth Kelly to recommend that the Board of Appeals deny the Welcome Home Variance #84-53, based on insufficient information and documentation on the following: • physical and/or home remodeling • parking • in-home recreational activities • protection to the homeowners and clients • that property cannot appropriately handle 18 clients The motion carried 3-1. The Human Rights and Services Commission supports the concept of deinstitution- alized residential type, short term, respite care for the mentally ill, but feels the need for greater clarityonperceived needs and goals of Hennepin County for this target population. JM:md SHHSC 111111111111V SOUTH HENNEPIN HUMAN SERVICES COUNCIL Bloomington • Eden Prairie • Edina • Richfield October 30, 1984 Mr. Jonathan P. Wilkie 7221 Willow Creek Road Eden Prairie, MN 55344 Dear Mr. Wilkie: Thank you for sending me a copy of your letter to the Eden Prairie Human Rights and Services Commission in regard to the proposed Welcome Home residence. I can respect and appreciate the concerns of the neighbors in regard to this matter. At the same time, however, I must take this opportunity to express concern regarding your statement as to the Council's position in this matter. It is not the Council's role or practice to take a position regarding specific program sites, proposed or otherwise. Your statement appears to imply that the project did not meet with the Council's approval. This may or may not have been the intent of the statement. In any event, we have not taken a formal position on this issue. However, the Council has assumed a long-standing advocacy role in bringing human service programs, including mental health programs, into the South Hennepin area. The Mental Health/Chemical Dependency Advisory Committee of the Council has provided advocacy and support to programs desiring to locate in the area. At the sametime, we are highly cognizant of the fact that community and neighborhood concerns must be recognized and constructively addressed. The proposed Welcome Homesite may not be an ideal site from the neigh- borhood's perspective . There seldom exists such thing as a perfect site from all perspectives for the location of a group residence. The question which arises is whether or note the site is "workable, and can the neighborhood and Welcome Home arrive at a mutually acceptable compromise. If not, perhaps the neighborhood would be willing to assist Welcome Home in locating a more acceptable location. We hope that some alternative can be found so that the South Hennepin area does not lose this valuable resource. -209 9801 Penn Avenue South • Boom 100 • Bloomington, Minnesota 55431 • (612888 5530 Mr. Jonathan P. Wilkie -2- Thank you again for sharing your viewpoint with us on this matter. If the Council can be of assistance to the parties involved, we would be pleased to consider doing so. Sincerely, Thomas J. Esser Executive Director TJE/jind CC: Joan Black Jan Flynn Wolf Penzel Carl Jullie • 12trel tir CITY OFFICES / 8950 EDEN PRAIRIE ROAD / EDEN PRAIRIE. MN 55344.2499/ TELEPHONE 1.612) 937.2202 Roger Pauly 4108 IDS Center Minneapolis, Minnesota 55402 RE: WELCOME HOME Variance request f84-53 Dear Roger: I would like to brief you on what has happend to date with the WELCOM E H O M E variance request #84-53. At the October 11, 1984, Board of Appeals meeting, the Board continue d t h e i t e m until November 8, 1984. Reason for the continuance was based on insu f f i c i e n t data for Board of Appeals review, and a recommendation from the Human R i g h t s a n d Services Commission was not available at that time. Barbara Willcox was the representative for WELCOME HOME. Don Sorenson and Johnathan P. Wilkie were present from the Willow Creek neighborhood. Mr. Sorenson requested the Board of Appeals to deny the variance request #84-53 based on Minnesota State Statue 462.357, Subdivision 6, Section 1,2,7, and 8 . Mr. Sorenson communicated that the Board did not have the power to grant such a variance request from 6 to 18 clients in a rural zoning district. The board members requested legal advise from the City Attorney as to thier power in granting this type of variance. On October 15, 1984, the Human Rights and Services Commission, at it s r e g u l a r meeting, denied the WELCOME HOME proposal based on insufficient information for following: Physical and/or home remodeling plans, clientel and staff parking facilities, in-home recreation activities vague, and the property not appropriate to handle 18 clients. I will be forwarding to you, when available, minutes from the Board of A p p e a l s and Human Rights and Services Commission. Should you have any questions give me a call. Sincerely, ' Wejat'i ti ve% Steven Durham Assistant Planner Enclosure: Copy of Minnesota State Statue 462.357 Sysd OCT 10 14 7221 Willow Creek Road • Eden Prairie, MN 55344 October 10, 1984 City Manager & City Attorney City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Gentlemen: I wish to protest the following violation which is now occurring at 7170 Flying Cloud Drive, Eden Prairie. This single family home has been granted the city's permission to operate as a duplex and, indeed, •the owner has a rental unit within his structure. You should be aware that he has a third rental unit and in fact is renting out two apartments in his home, which is in violation of the current zoning status for this residence. Several neighbors object to his creating a triplex environment without seeking the appropriate approvals or permission from the neighbors and city. Therefore, I request that you review the status of this property regarding its rental units and take corrective action to ensure that the owner is operating the residence with the correct approvals and zoning requirements. I fear that this deviation might become a standard which could be used in efforts relating to the development of adjacent property. Your immediate attention and consideration of this matter is most appreciated by me. Would you please advise your deter- mination of this situation. SAAcerely, R ta(LIO• thel P. Wilkie JtW:plg 7221 Willow Creek Road Eden Prairie, MN 55344 October 10, 1984 City of Appeals and Adjustments City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Variance Request #84-53 Dear Gentlemen: On Thursday, October 11, you will hear the above variance request which has been made by an organization called Welcome Home. I am writing you to express my strong objection to granting their request as a concerned neighbor whose home is very close to 7170 Flying Cloud Drive. I would like to point out the following concerns: First, the request from Welcome Home would be a dramatic variance from the current city codes which allow for facilities of this type in a rural setting with a maximum of 6 patients/residents. Welcome Home's request for an 18 bed facility is a dramatic departure from these codes and would create a significant eye sore when adding the additional staff, visitors, and related support personnel. Further, you should be aware that this organization lacks approvals from either the South Hennepin Human Services Council or the Eden Prairie Human Rights Commission. Therefore, their request for zoning modification should be denied. More devastating than the above concerns, from my point of view, is the fact that Welcome Home is not an owner/operator planned facility. They intend to lease the premises on a short-term basis from a third party who is acquiring the property, if you grant the zoning request. Adjacent to this residence are numerous acres of undeveloped land. Should you grant the zoning request, what implications are created regarding the development potential for the adjacent tracks in the event that Welcome Home terminates their lease? In the event of a lease termination, what right does the property owner have to the zoning deviation? n,) City of Appeals and Adjustments Page - 2 October 10, 1984 It would be a disaster to grant the request for Welcome Home. This organization is not an owner/operator and has not obtained the necessary approvals to qualify themselves and justify their mission. Furthermore, granting this request may have dire implications on future property development in the immediate area. -Our little neighborhood, Willow Creek Road, was the first to develop in this area. Over the past several years, our environ- ment has been severely impacted by development progress. This request from Welcome Home is the crowning glory: Please consider my concerns in making your determination. Jonathan P. Wilkie JPW1plg 5614 October 4, 1984 Board of Appe.als and Adjustments City of Eden Prairie Dear Boardmembers: Re: variance request It 84-53 Residents of our neighborhood have severe concerns about the pro p r i e t y . of the above variance request. This property is presently (wi t h o u t proper clearance) operating as a triplex. Present zoning of this a r e a Is rural and abutting on R-I22. The variance request would do th e following: I) Lead to occupancy far exceeding residential area limits of 6 persons in a group home. 2) Variance request is for a leasing tenant. This variance would remain with the property even if a different tenant were occupy i n g t h e property. 3) Planned use would lead to further interior expansion of this structure and with modification and change of use of garage. 4) Size of operation would lead to large amount of car traffic an d parking load. a. multiple staff vehicles (4-6), transport vans (site is not ne a r public transportation so continual shuttling of residents will occur.) 5) Concerns were also raised as to level of staffing (especially at off hours,) training and pre-experience of the staff in managemen t o f adult mental illness, and in the lack of direct medical supervisi o n o f the project. For the above reasons residents of the Willow Creek Association w o u l d urge you to deny the variance request. Thank you. 1./ Sincerely, - — President, Willow Creek Association -305 Welcome Home PHONE: 1612) 4747052 JAMES JUST, EXECUTIVE DIRECTOR 4250 STONEORIDGE CIRCLE MINNETRISTA, MN 55360 September 12, 1984 Board of Appeals and Adjustments City of Eden Prairie City hall 8950 Eden Prairie Road Eden Prairie, Einnesota 55344-2499 Dear Sirs: Hennepin County, part icularily suburban Hennepin County has had a need for some time for residential homes for its residents who are mentally ill, who are capable of living and functioning in the community (as opposed to a hospital or other secure setting) but who are not yet capable of living independently. The respite care facility we propose to open will serve some of the needs of that population; some of those needs being having a place of respite and transition on either leaving or returning hose and/or going to or coming from anotherfacility or program on the continuum of care for the mentally ill. Please find enclosed a request for variance for the use of the property at 7170 Flying Cloud Drive in Eden Prairie. The site we have selected is currently being used as a legal non-conforming duplex in a Rural District. This site was chosen because the house is a large, but warm and homey structure located in a semi- rural setting with much open space surrounding it. It is peaceful and aesthetically pleasing, as well as providing privacy for the pro:Tam and for the nei41bors. Also enclosed, please find a brief summary of the program, the target population, services/licensure, facility description and placement procedure. Please note that the program will be lieenced by the 1,:innesota Department of Public Welfare subject to the ianne- seta Department of Health Supervised Living Facility standards. Stipulations for meetin; the requirements of these a;enciee include passin7, fre and safety rtyzulations and meeting specific health - department sp7.se requirements for each resident as well as regula- tions fel' the entire program. Thank you for your consideration. I look forward to hearing from you. Sincerely, LLst:A4.40e,x Eartara Land:3tro:r. nrco:: !'ij'OLP \-) Questions About Residential .Treatment Woat.kinds'of_people use residential mental health treatment facilitic,: One family in four will be affected by mental illness at some time. Emotional or mental health problems can affect persons of any age, income level, race or educational background. These problems can range from mild depression to severe, incapacitating illness. Some people may recover slowly, others may need on-going support and still others nay require periodic treatment but function independently most of the time. There is not universal consensus about the causes of mental and emotional problems. There may be an inherited or genetic predisposition for some types of illness. Biological or organic factors such as neuro- logical disorders or tumors may play a part. Sometimes a traumatic early childhood or destructive family environment can contribute. The stresses of life crises, aging, poverty or childbearing can trigger problems. Often, several of these causes are interrelated. Just as the causes of mental and egotional problems vary from individual to individual, the symptoms experienced by different people also vary. Some people may react with feelings of anxiety, depression, fear or hopelessness. They may become very dependent on the people around 'them, or they may withdraw from people. ,Sometimes their thoughts and perceptions are affected. Social relationships may be difficult. Contributing to the problems faced by these people are the negative effects of hospitalization. Although short periods of hospitalization may be necessary at times during a crisis, the experience of prolonged hospitalization has many long-lasting consequences. The hospital provives for all the material needs of its patients, makes nearly all the decisions of day-to-day life, and protects patient's from the stresses of the outside world. When a client becomes accustomed to depending on the hospital routine over a period of months or even years, a process known as institutionalization occurs and he or she may have a great deal of trouble adapting back to the outside world. The skills needed to cope with the daily stresses of working and interpersonal relationships may have been forgotten. In the case of young people hospitalized before they have fully emancipated from their families, these skills may never have been learned. Research has shown that rehospitalization is more frequently the result of a lack of life skills rather than the actual illness or its symptoms. What does residential mental health treatment Erovide? _ • The philosophy of community-based mental health treatment is baced on two major principles: - Rersons with mental health problemt; should be treated as close to home as possible, in a setting that pro- vides minimal restrictions on their daily life. .3)) -2- - Treatment in the community is more effecti v e f o r teaching them the skills they need to live i n d e - pendently in that community. Residential treatment is an ideal setting. t o teach people how to cope with the stresses of day-to-day life. Resi d e n t i a l p r o g r a m s f o c u s o n increasing independent living skills in a re a l - l i f e s e t t i n g b y o n - s i t e teaching of cooking, parenting, cleaning, bu d g e t i n g , h e a l t h a n d t r a n s - portation skills. There is also an emphasis o n b u i l d i n g t h e r a p e u t i c relationships and teaching social and recre a t i o n a l s k i l l s . O v e r a l l , clients are encouraged to increase their abi l i t y t o s e t g o a l s f o r their lives, increase their participation in t h e b r o a d e r c o m m u n i t y a n d become more independent, financially and soc i a l l y . How are clients referred and admitted to' mental health fa c i l i t i e s ? Clients may be referred to residential tre a t m e n t p r o g r a m s b y physicians, social workers, clergy or famil y m e m b e r s . P e o p l e m a y a l s o directly request admission. Once the facility has received ,referral, a s c r e e n i n g p r o c e s s i s initiated. facility staff will review the p r o s p e c t i v e c l i e n t ' s m e d i c a l , social, psychiatric, family and vocational h i s t o r y t o d e t e r m i n e w h e t h e r the person is inappropriate for admission. C l i e n t s w h o a r e i n n e e d o f hospitalization because of suicidal or dang e r o u s b e h a v i o r a r e n o t accepted into community-based facilities.. C l i e n t s m u s t b e w i l l i n g and able to participate in house progams. • Once a client is admitted into the facility, h e / s h e i s g i v e n a n orientation to the program. A professional t e a m t h e n w o r k s w i t h t h e client to assess his/her needs and strength s a n d t o e s t a b l i s h a n individualized program plan that defines g o a l s a n d a c t i v i t i e s . T h i s plan is reviewed at least every three mon t h s . What kind of staff and supervision are provided? Licensed mental health residential faciliti e s m u s t p r o v i d e 2 4 - h o u r supervision. The minimum number of staff an d t h e i r q u a l i f i c a t i o n s a r e established by the Minnesota Department of P u b l i c W e l f a r e . C l i n i c a l supervision is provided by a human services p r o f e s s i o n a l , u s u a l l y a t the Master's level, with administrative and m e n t a l h e a l t h e x p e r i e n c e . Client services are provided by mental heal t h t h e r a p i s t s , m e n t a l h e a l t h counselors and mental health workers. The s t a f f m a y i n c l u d e n u r s i n g staff, recreational therapists, psychologist s a n d / o r s o c i a l w o r k e r s . -1- What kinds of services do they provide? Most residential facilities utilize what is called th e p s y c h o - social rehabilitation approach to treatment, wh i c h c o n c e n t r a t e s o n teaching independent living skills. Classes on c o o k i n g , s h o p p i n g , nutrition and money management are frequently p a r t o f t h e s c h e d u l e . Recreational activities, both in the facility a n d i n t h e c o m m u n i t y help teach residents to make satisfying use of t h e i r l e i s u r e t i m e . Staff work with community agencies to help clie n t s r e c e i v e v o c a t i o n a l training. Residents may also be taught stress r e d u c t i o n a n d m e d i c a - tions management skills. Counseling, in groups a n d o n a o n e - t o - o n e basis, is also a component of the program. Resid e n t s l e a r n t o t a l k about feelings, to encourage each other in taking r e s p o n s i b i l i t y f o r their lives, and to ask for support when needed. C o u n s e l i n g a l l o w s residents to gain new perspectives, so they can r e c o g n i z e a n d c h a n g e self-defeating behavior patterns. It also offers t h e o p p o r t u n i t y t o share problems and successes, receive. constructi v e f e e d b a c k a n d b u i l d self-esteem. How is the quality of these facilities regulated? • Residential mental health facilities are monitor e d b y a v a r i e t y of agencies responsible for setting standards. The s e i n c l u d e : 1. Health Department. The Minnesota Department of H e a l t h establishes standards related to'sanitation and t h e health care needs of residents. For some facil i t i e s this includes policies and procedures for stori n g , administering and recording medications; nutrit i o n a l and food preparation/storage; nursing coverage; residents' rights; medical records, etc. 2. City Housing Inspection Offices. This agency monitors the condition of the physical plant, including wiring plumbing, roofing, structural integrity and mai n t e n a n c e / repairs. Standards are set for facility occupanc y , based on the number and size of bedrooms, bathroo m s , e t c . 3. Fire .-Safety Inspections. Residential facilities are monitored for compliance with State fire-safety codes. This includes such items as smoke detectors, self - closing fire doors, fire alarms, fire extinguishe r s , sprinkler systems, and emergency evacuation plans a n d drills. 4. City Zoning _Departments. Cities also regulate r e s i - BeTilial facilities through the conditional use p e r m i t process. This allows cities to look at off-stre e t parking, waste disposal, etc., and to allow neig h b o r - hood residents an annual public forum to discuss issues. -4- 5. Minnesota Department of Public Welfare. All residential mental health facilities must be -licensed by DPW under the standards set forth in Rule 36. These standards govern the provision of mental health services to resi- .dents. Through Rule 36, the Department of Public Welfare monitors staff training and qualifications; staff ratio; comprehensive program services; admissions, and discharge policies and procedures; resident rights; and record- keeping. The Department requires each program to have an advisory committee and a resident council to allow for participative decision-making. Each facility is also required by law to report any incidents of suspected abuse or neglect to the proper investigatory agency. 6. Hennepin County Department of Community Services. Many residential treatment facilities receive major funding for their mental health program through a contract for services. When Hennepin County contracts with a facility, the contract establishes detailed expectations for the services to be provided, the staffing pattern, evaluation data to be reported, and financial expenditures. Contract standards can be set at a luel higher than those esta- blished by DPW; the County cannot set lower standards. Financial and evaluation data is monitored quarterly; program quality is monitored by on;site visits at least semi-annually. How do community or neighborhood residents voice concerns about resi- dential programs? Citizens have a variety of option's available to them if they hal,e - concerns about a facility. They should first discuss the issue with the facility administrator. If they are not satisfied with the outcome, they may contact the agency responsible for monitoring that facility (i.e., the City Housing Inspector could be called for poor maintenance; the DPW Licensing Consultant would be called if the facility appears to have inadequate supervision). Complaints can be presented at the annual public hearing review of the facility's conditional use permit. A neighborhood organization can also request to be represented on the facility's advisory board, which meets 4 to 12 times per year. Do residential treatment facilities work? Residential mental health facilities are required to submit evaluation data to both the County and the Minnesota Department of 'Public Welfare. This data includes Neasures designed to determine how effective these facilities are in increasin9 the independence of resi- dents. Even though many facilities are still relatively new, with less 3 to .....,•••••••••• than two years experience, evaluation results indicate that the residents are definitely improving. Hospitalization rates have been decreased, with estimated annual savings of approximately $2.5 Hi/lion in Hennepin County alone. Clients completing the programs are moving into more independent living situations. These results are very encouraging and point to the success Of coimnunity-based treatment. AL.1.essment Case ti,nagement '.'ocotiu.;.1 Services Medications and Health Care Transportation Socialization and Recreation Group Meetings . Stress MarTment Skill !• i Problem Solving Support Crisis Intervention Structure Client Participation Family Services Length of Stay Staff ADMISSION AND DISCHARGE PROGRAM FLOW CHART PROGRN1 COORDINATION AND CONSULTATION PROGRAM ORGANIZATION/STAFFING/SCHEDULING Authorized Holidays MANAGEMENT AND PROGRAM OBJECTIVES STAFFING PATTERNS ACTIVITY SCHEDULE QUALITY ASSURANCE FACILITY OUTREACH ADMINISTRATIVE DESIGN JOB DESCRIPTIONS Executive Director Program Director/Administrator Social Worker/Family Counselor Mental Health CounselOr 1 and 2 Mental Health Worker/UN Night Mental Health Worker 1 and 2 Mental Health Worker 3, 4 and 5 Mental Health Worker/Cook Nutritionist Secretary/Bookkeeper Maintenance/Housekeeper STAFF DEVELOPMENT PLAN CORPORATE FUNDING AND DELIVERY HISTORY RESUME LINE ITEM BUDGET LINE 11LM JUSTIFICATION FLOOR AREA ANALYSIS-RESIDENTIAL REVENUE PROJECTION RATE CALCULATION SHEET SCHEDULE OF POSITIONS - RESIDENTIAL DEPRECIATION SCHEDULE 2 h 3 4 4 4 5 5. 5 6 6 & 7 7 7 8 8 9 9 9 & 10 10 11 & 12 12 13 14 14 14 & 15 15a 15b 16 17 17 18 19 19 19 & 20 20 20 & 21 22 23 23 & 24 24 24 & 25 25 25 & 26 26 26 & 27 28 thru 33 thru 40 41 42 43 44 10 WELCOME HOME A. SUMMARY PARAGRAPH: Welcome Home will provide resid e n t i a l M e n t a l h e a l t h r e s p i t e c a r e services for up to 18 men and women 18 years of age and old e r w h o h a v e a p r i r a r y d i a g n o s i s f mental illness and who are in need of respite care service s n o t t o e x c e e d 6 0 d a y s . TARGET POPULATION: •Welcome Home will serve individuals (men and women) 18 year s o f a g e a n d older who have a current, primary diagnosis of mental illne s s , w h o a r e n o t i n n e e d o f skilled nursing care, hospital care or immediate crisis servi c e s , w h o a r e n o t d i a g n o s e d a s mentally retarded (I.Q. below 70) and whose behavior patterns w i l l n o t i n t e r f e r e w i t h their being maintained safely in the program or constitute a s i g n i f i c a n t d a n g e r t o o t h e r residents or the surrounding community. It is anticipated t h a t c l i e n t s w i l l b e r e f e r r e d b y Hennepin County social workers, hospital mental health and cr i s i s u n i t s a n d m e n t a l h e a l t h and/or family service clinics. SERVICES/LICENSURE: Welcome Home's basic philosophy is t o p r o v i d e i t s c l i e n t s w i t h a s m u c h opportunity as possible for self-actualization and involvemen t w i t h t h e m a i n s t r e a m o f l i f e . The program will include several levels of responsibility from b a s i c r o o m m a i n t e n a n c e t o serving on the advisory council, depending on the capacity of t h e i n d i v i d u a l . P r o g r a m c o m - ponents include: (1) addressing immediate physical, medical an d e m o t i o n a l n e e d s ; ( 2 ) p r o v i d e support and stress management skills for clients while livin g i n a t r a n s i t i o n a l s e t t i n g , both in coping with leaving prior living situations and in pre p a r i n g f o r n e w e n v i r e , n r e n t s and situations; (3) provide education, familiarization and lin k a g e w i t h a v a i l a b l e r e s o u i . c e s ; (4) train and foster independent living skills; (S) Provide fa m i l y s e r v i c e s : a d d r e s s i n g immediate crisis situations, identification of presenting proble m s , f o r m u l a t i n g r e c o m m e n d - ations for transition and future resolution and/or reconciliati o n w h e n a p p r o p r i a t e a n d possible. An Individual Program Plan is developed as the veh i c l e f o r m u t u a l p l a n n i n g , c o m - munication and evaluation. Welcome Home operates under supe r v i s i o n o f M i n n e s o t a D e p a r t n e n t yr Public Welfare Rule 36, Category II, Minnesota Department of H e a l t h S L F s t a n d a r d s , H e n n e - „,in County Purchase of Service rules, and Eden Prairie zoni n g / c o n d i t i o n a l u s e s t i p u l a t i e n s . Welcome Home staff consists of an Executive Director (,125FTE ) , a P r o g r a m D i r e c t o r / A d m i n i s - trator 0 .OFTE) , a Social Worker/Family Counselor (1 FTE), two Menta l H e a l t h C o e : , . - l a f -3 (2 FTE), an LPN (1 FTE), 2 Night Mental Health Workers (1.75 F T E ) , 3 M e n t a l H e a l t h (50, 50, .50 FTE respectively), one Mental Health Worker/C o o k N u t r i t i o n i s t ( 1 F T E ) , o n e Maintenance/Housekeeper (.75 FTE) and one Secretary/Bookkeepe r ( 1 F T E ) . A l l s t a f f w o r L i n g directly with the clients are required to meet or exceed Rule 3 6 r e q u i r e m e n t s . M e n t a l Health workers report to an assigned Mental Health Counselor . T h e M e n t a l H e a l t h C o u n s e l o r s report to the Social Worker/Family Counselor who in turn rep o r t s t o t h e P r o g r a m D i r e z t o e . Other staff members report directly to the Program Director wh o r e p o r t s t o t h e E x e c u t i v e Director. FACILITY: Welcome Home proposes to lease a building locate d a t 7 1 7 0 F l y i n g C l o u d D r i v e i n Eden Prairie. It is a three-story building with 2 single, 3 d o u b l e a n d 2 t r i p l e r o m s , ample room for 14 clients at the outset, with remodeling to a c c o w e d a t e 1 8 c l i e n t s b y January 1, 1983. It also provides separation of male and fe m a l e l i v i n g a r r ,ege:ents. lne building is in excellent condition, having been extensively r e m o d e l e d i n t h e p a s t f i v e e.-• It is situated on a 1-1/3 acre lot with a creek running alongsi d e t h e b u i l d i n g a n d m u c h open space around it. Public transportation is available bath a t E d e n P r a i r i e C e n t e r a n d at Southdalc, each of which is five minutes av.,ay. Transportation frail Welc;....e Home to thii. centers is provideJ by Welcome HOTZ van. F Pk6CEDUeE: A client mJy be reft.erte to ftere Hone by self:, fan:ily, f• . '.orker, hopital or other Rule 36 facility. It is tr.pected that an apejet: •'' -!rviee be ly calling the fccility ih ' arrIcn!,'; • ' to accG ,..:,Itly tie client !•' : • (-,0• , , n • 3 13 itorotinn r,iven ih the i ,:tw..ievr will be ly aLtive treateht plovider. Upon detet. eriteri clearly het, the client will be admitted to L'e4.f. FUNDING SOURCES: A Purchase of Service Contract hlth Hennepin County Community Services provides for program services. Room and be.rd cnss may be paid by General Assistance Funds; Supplemental Security Income or personal funds. B. TARGET POPULATION Welcome Home will provide respite care services (not to excied CO days) to individuals age 18 and over with a current, primary diagnosis of mental illness. Individuals with a dual or secondary diagnosis of chemical abuse or dependency may be admitted if: a. Their chemical use does not interfere with their ability to participate in and be safely maintained by the program; and b. Their current treatment needs are primarily in the area of mental health. Typical residents at this program may be described by the following examples: I. Clients who are leaving a hospital or family setting and are in need of a temporary stable treatment environment until an opening is available in a community treatment facility or apartment. The goal of this type of place- ment is to prevent regression during the waiting period and reduce the potential for institutionalization/hospitalization. 2. Clients who have been living with their families and the family is in need of respite care in order to resolve family problems or temporarily reduce the stress of caring for a mentally ill family member. 3. Clients leaving a hospital setting and in need of further stabilization before they can return to their family or to an independent livieo setting. No resident shall be discriminated against in admission, termination, or the provision of program services on the basis of race, creed, color, national origin, religion, sexual preference, public assistance status, marital status, or physical handicap. The admission of physically handicapped individuals ray be limited only by the indiv- idual's ability to participate in programming and/ur by toe physical plant limitations of the facility. C. SERVICE DESCRIPTION ASSESSMENT Welcome Home will use the following two part assessh,ent fermat with each client referred. • Part I will be developed and serve as an initial application and pre-screening device to determine eligibility for respite care services. l'!'rt ! must be completed before client is admitted. Part II will be developed as an initial individual program plan. Ideally both will be completed at time of intake. H ,7,:ever, should extenuating circum- stances prevail at time of intake such as an emeecenc ., entry at an unusual or particu- larly busy tine, Part II must be completed and available to staff or any other appro- priate party within three days. 2 ?Hi r, for respit... “re. Lufrent primary diagnosis of mental ilInc,s via contAt in per:oh or by i,tiC ,ne or document with cumnt cascwarker, servicc provider and/or physician involved in the diagnosis. E. Receive information to be provided by current caseworker or other appropriate referral agent including at least the following: 1. Medication requirements 2. Other health/medical, psychiatric needs 3. Specific vulnerabilities 4. Chemical use/abuse patterns (i.e. chemical dependency evaluation is not required but rather an initial history and assessment to determine if client can be maintained safely and appropriately in the program) 5. History of unusual or potentially dangerous behavior to self or others. 6. Need for respite care. 7. Admission criteria 4. a. through d. (page 11). Once eligibility is determined and client is accepted in the program s/he will be assigned to one of the Mental Health Counselors who will have primary responsibility for facilitating the completion and implementation of the client's full IPP. A complete IPP must be developed at a staffing to be scheduled within the first 10 days of residence in the program and reviewed weekly thereafter. The staffing will include the client, family member as appropriate, Welcome Home Staff, Hennepin County Case- worker, representative of current and/or proposed treatment provider and any other significant people. PART II. Initial Individual Program Plan Part II is designed to examine in more depth and breadth eligible clients needs and problems in order to address immediate needs and to formulate an effective Individual Program Plan. The initial assessment will take place in a one to one interview with the Social Worker or a Mental Health Counselor and cover the following: A. Client's perception of needs and short term plan. B. Description of immediately prior residence and possibility of client's return. C. Determine where client prefers to go (verify with caseworker and any relevant other if it is a feasible/appropriate option and establish a time line). D. Determine if there has been an ongoing treatment plan established. If so, what is it and how will it be incorporated into the IPP. E. Interview inventory of specific problem areas with client, to be verified with caseworker and any relevant others; 1. Abuse/neglect issues 2. Chemical use/abuse 3. Medication, medical, physical, psychiatric needs not thoroughly addressed in Part I 515 3 4. H.el Gf 6. f;Ail•-ii 6. Educatini,a1-., • 7. Financial rcG,G,:e., 8. Housing , 9. Legal problems . 10. Recreation/leisure 11. Spiritual/religion Using information gathered from #A-#E determine: 1. List of goals in order of priority. 2. Specific, measurable and time limited objectives relating directly to goals. • 3. Specific methods, strategies and resources (including medications) to be used by staff in assisting client to accomplish these goals and objectives. 4. Names of community resources, Welcome Home staff or others assisting client to accomplish these goals and objectives. The information gathered above will be used in the staffing scheduled within 10 days of admission to aid in formulating a formal IPP. CASE MANAGEMENT The overall case management is the responsibility of the County caseworker. Immediate case management services will be .provided in house by the assigned Mental Health Counselor under the direction and coordination of the Social Worker/Family Counselor in concert with the County external case manager. VOCATIONAL SERVICES Vocational Services are available by referral toArea Vocational Technical School which offers a continuing orientation class witn flexible entry time (students can enter throughout the year). Clients can participate in a "sampler" class where they can be exposed to a number of areas as well as enroll in more traditional course work. Arrangements can also be made with other programs, i.e. TCOIC, sheltered workshops, etc. if length of stay and future placement plans permit. MEDICATIONS AND HEALTH CARE Instruction and encouragement in developing a self medication program will be provided by the LPN both on an individual and a group basis. While clients will not be allowed to keep medications in their rooms due to the high risks involved in a short term program, they will be expected and cncouraged within the limits of their individual capacities to administer their c...11 medications, with supervision from and in the presence of a staff member. In addition, instruction will be given on an individual and a group basis depending on the corelexion and needs of the particular clients at any given point in time. The LP:, iF responsible for maintaining the medi- cation policy and procedures to insure CO:1::,PCf' with all licensing regulations and for providing training for all staff provcin cvct sercives to clients in the administration of medication. Instruction rcc,.r..irc acministration of nedicaticn will include; self administration and monitoring, use and dosage and side effects of parti- cular medications. .teticn is available both at Eden Prairie Center end at .,e.t.hdale, = 61 is five minutes away. A shuttle van will transport clients to public teLteiuitotion stops as well as to places of couhlfon interest such as the A r e a V o - T e c h . In eciCitien, a variety of trips will be planned on a regular basis to in t r o d u c e c l i e n t s to a vE ,.riety of eesources covering as many kinds of options as possible, i.e. v o c a t i o n a l . 1:A:dical, recreational, inspirational, etc. Clients will be expected to become fam i l i a r with and able to use public transportation as one way to encourage indepe n d e n c e . T h i s familiarity may require not only instruction but may involve actually h a v i n g s t a f f . and/or other clients accompanying a client who is unfamiliar with public t r a n s p o r t a t i o n (and probably fearful as well) on a public ride. SOCIALIZATION AND RECREATION Free time is used to develop relationships among clients and with staff. C l i e n t s a r e encouraged to use this time for their personal needs. Some need time a l o n e . O t h e r s need to talk and learn to make friends. Basic socialization skills will be e n c o u r a g e d and developed by modeling, creating opportunities for social interaction a n d p a r t i - cipation in support groups which will be available at least three times a w e e k . A c t i v - ities programming is planned according to the needs of the current resid e n t s . Both individual and group activities are planned and encouraged taking care t o o f f e r a b r o a d . variety of cultural, physical, recreational, educational, and spiritual op p o r t u n i t i e s to aid clients in developing creative use of leisure time. Physical activ i t i e s w i l l b e encouraged and include such things as walking, swimming, picnics, individu a l a n d t e a m sports and other forms of exercise. Physical activity can help promote bo t h b e t t e r physical and mental health and can provide a vehicle for the development o f p o s i t i v e social skills such as sharing, teamwork and leadership. While casual and u n p l a n n e d activities will take place throughout the day, there will be at least one p l a n n e d g r o u p activity per week on Tuesday evening to be coordinated and supervised by t h e M e n t a l Health staff person on duty, making use of outside resources such as parks a n d t h e M - Y e C e While it is important for staff members to develop professional relations h i p s w i t h c l i e n t : personal fraternization between staff and clients will not be allowed. GROUP_E,,ECTINGS -166 -priiram -t7iill provide 3 basic kinds of groups each with specific purposes. The first kind will be instructional and educational, designed to cover a va r i e t y o f t o p i c s , choice of topic to be dependent on the particular needs of the residents a t a n y g i v e n point in time. At least one group will be offered daily on weekday morn i n g o r a f t e r - noons to be led by the Rental Health Counselor on duty or the LPN or the C o o k N u t r i - tionist depending on the topic and which person has the expertise on th e t o p i c . A t least one of these groups per week will be focused on some independent l i v i n g s k i l l s . Independent living, skills, physical/health education (to include hygien e a n d n u t r i t i o n ) , vocational instruction/familiarization and vocational development will b e t a u g h t p r i - marily in giPtip settings. In addition, regular and frequent visits (at least once weekly) will he made to vocational training centers, job placement centers, recreational facilities, and other facilities as appropriate to enhance client aware n e s s o f a v a i l a b i t opportunities in these areas while at the same time encouraging self-suffic i e n c y b y involving clients in planning and making these visits. Along this sam e l i n e , i t i s expected th: Um very fact of getting out in the comunity on a regular b a s i s w i l l i n and of itself aid in the development of self-sufficiency. Another group t o b e o f f e r e d at least ymtlly 011 deal with self medication administration and healt h c a r e . . . , The second kind of group will meet for the purpose of support and will be o f f e r e d a t least three tieos a week, usually in ths evening, unless client schedules a n d n e e d s dictate other more appropriate times. These groups will be led by the soci a l w o r k e r - t?. 0: 7sti. ;:: t r. l:hien is not to say we will not tali: about sigrifica n t i s t a e s b u t r a t h e r t % at ue eo rat "din" and that if a client "c;al.ns W on treir on, that staff make !;re the is referred to :alcte uaaae their ta,•raentie i.reatas can contifac. The third kind of group is designed to resolve confli c t a n d s o l v e p r o b l e m s w i t h i n the house. It will meet on I.:anday evening and be le d b y t h e M e n t a l h e a l t h c o u n s e l o r or worker on duty. Other staff available will be enc o u r a g e d t o a t t e n d . Intervention occurs at several levels while the clien t i s i n r e s i d e n c e a t W e l c o m e Home. The program begins with the client moving in t o t h e r e s p i t e c a r e f a c i l i t y . The fact of separation allows an opportunity for a "c o o l i n g o f f " p e r i o d a n d t h i s 'constitutes a change in itself and paves the way for f u t u r e p o s s i b l e c h a n g e . H o w - ever, it is quite possible that while relief may occ u r i t i s j u s t a s l i k e l y t h a t stress may be engendered by a move from what may ha v e b e e n a s t r e s s f u l s i t u a t i o n into what is designed to be a short term transitiona l s e t t i n g w h i l e a w a i t i n g p l a c e - ment into what could be another unknown setting. It i s v e r y i m p o r t a n t t h a t t h e client get immediate personal contact from a staff pe r s o n a n d b e w e l c o m e d I t i s equally as important to familiarize the client as soon a s p o s s i b l e w i t h t h i s p l a c e where they will be livino temporarily and assigned a ro o m a n d a b e d i m m e d i a t e l y so as to remove at least one of the "annowns" which t e n d t o c r e a t e a n x i e t y . T h e support groups are designed to be an important means ' t o d e a l i n g w i t h s t r e s s b o t h as it is created internally and externally. Ongoing d a i l y s u p p o r t a n d c l e a r e x p e c - tations of the clients by the staff is another means fo r s t r e s s m a n a g e m e n t . R e l a x a - tion training at the end of the day led by the evenin g s t a f f i s a l s o a m e a n s o f stress management and teaches clients some techniqu e s t o d e a l w i t h t h e i r o w n t e n s i o n s . We assume that most clients and families will be appr e h e n s i v e , u n c e r t a i n , a n d d e f e n s i v e at the outset. Such being tne case, they will not rea d i l y l e n d t h e m s e l v e s t o c o u n - selinc since that entails ca-7feattle risk. It is very important t h a t w e a t t a a a : t t a formulate our approach acafc;r: ;a-a r.eets o our clients rather than cnannel a;' clients through a program wnich may ce totally inapp r o p r i a t e . Clients will be encouraced to tairtain contact with f a m i l i e s , f o r m e r r e s i d e n c e s , friends or whatever other connection ray serve to m a i n t a i n a l i n k t o t h e r a i n s t r e a r beyond Welcome home. On a more formal basis, part of the plan for each clie n t w i l l be an awareness of his or her living arrangements after r e l e a s e f r o m W e l c o m e H o m e a n d steps will be taken to orient the client in this direc t i o n s o a s t o p r o v i d e s o m e comfort in knowing what is ahead rather than allowi n g a i m l e s s d r i f t i n g . B y t h e s a m e token, past associations, v.hare possible and :radJct i v e . will te aairtained and encouraged as well. Visits to and from former and fuo.ire resideraes will be schedu l e d whenever possible and productive. At all times, Welca e H o m e ' s f o c u s w i l l b e k e y e d to insure that the client views Welecae Home as a te a a .ararv resrite. not as a priaarv residence so as to insure that tee client is aole to c o h a e n t r a t e o n l i v i n g a r r a n g e - ments and personal associatiers wiich V111 be more lon g t e r m a n d / o r p e r m a n e n t t h a n can be offered by Welcome t'!'ltffENANCE Paily livino skills such as person:1 hygiene, food prep a r a t i o n , b u d a e t m e i n t e n a n c e . transportation trrimgement, jtz: si.11.S, bookkeeping skills, etc. alreaaaa azaaiiaa.. ..;11 I.t ihvelving 1hr., clit !sit t, 2jop aLd 0.i,intain such f-ncouratjelitent yin the supervision of the counsel* challLh ,JA to use thair acquired skills and to further develop t.h.e id s the extent of their abilities and capacities. Clients are expected to maintain thtir cwn rooms and to participate in basic housekeeping (dusting, viacuu-.ing. etc.) re*ens:bilities throeehout the facility. In edditton, they are ehc:ariGed at required) to participate in meal planning, food purchase, food preparation, activity planning, program review, etc. Formal and informal instruction in the aforementioned areas will be provided as an integral part of the respite care program by counselors using both individual and group contacts. Guidance and instruction will be given individually on an ongoing basis as client needs and circumstances arise. attention will be given as a part of the daily instruction group, focusing oh e .eee:;-ic areas as the complexion of the group dictates. Saturday "super clean", a more thorough attention to daily housekeeping chores (i.e. vacuuming furniturem cleaning refridgerator, etc. )will be.a vehicle for teaching skills in maintaining a home living situation. PROBLEM SOLVING . Oti&O'FIne:**iary considerations in problem solving involves not doing for the client what he or she may do for himself or herself. Group support may be provided to help a client deal with problematic issues. Intensive assistance, particularly from the primary counselor, will be provided to help define the problem, develop alternatives and determine solutions. Since family counseling will be offered, most family issues ought to be able to be addressed in a regular fashion, thus preventing much of the potential for family crisis. By the same token, since plans for discharge are being developed from the outset of placement at Welcome Wove, many situations which could become significantly problematical due to lack of consideration or lack of time should be able to be anticipated and addressed in a reasonable fashion. A control calendar will be maintained by clerical staff which will include all appoint- ments for all clients, thus minimizing the potential for miscommunication regarding the many details which will have to be processed in a comparatively short amount of time. SUPPORT In keeping with principles stated above, Welcome Home will ensure that clients' prin::,ry attachments are to people and places other than Welcome Home. This, in itself, is vital to maximizing any success in subsequent placements. This awareness of Welcome Home as a temporary respite will continue to be emphasized both with staff and clients. Clients will be provided opportunities and encouragement for establishing and maintaining contact with a supportive network of family members, friends, employ- ment contacts and professional agencies with the intended goal of having the client continuing to develop plans for the future rather than simply "drifting" on a day-to- day basis. A Mental Health counselor will be assigned to each client as a "primary counselor" to continue to supervise, maintain and encourage the client's participation in this planning. It is expected that the primary counselor will spend a minimum of one hour per week on an individual one-to-one basis with each assigned client to help plan, develop and implement the client's IPP, coordinating the individual's plan with the rest of the program as well as monitoring the process of develop i ng the long range goals. The primary counselor will be responsible to see that other involved people fulfill their tasks and obligations in a timely fashion so as to prevent the client from being lost in the system or forgotten. Further support will provided in regular client greup meetings held three times weekly, which, while pric;aril.v task oriented, will provide the opportunity for personal interaction as well. The suee:,rt croups will he Ica by the Mental Health staff on duty or the Social Worker. See: Group !-*.eetings. PHYS1C. i -:1.7_!;FSS Relaxation and physical fitness will be offered and encour,eed on a. re-cul'arjasis With instruction provided by the Mental Health staff. Walkino and other forms of exercise will be encouraged and opportunities will be provided as a part of the r ecreational activities program. 7 • .ith al,dald be anticipated in adeance :!411 -.Y 4 dirfased or at least prepared for by w,heddlieg additional staff. Mental Health counselors, social workers and Program Director are on-call supervisory responsibilities on a rotating basis and are available fOr.lns'r:ction, edvice and in extree cases, backup coverage. Normally, heo,ever, addition,1 coverage will be provided by part-time staff who will function in an on-call capacity during hours which in most cases call for fewer staff.Night coverage is by .awake staff. Most crises can be handled by the staff on duty with consultation With supervisory person on-call using the following procedures. For lg:i%isO..al Crisis: Attepttc minimizeprovocative stimulation by providing a private interview room and a counselor with whom to talk. Provide time for person to air concerns. Assist in assessing crisis by: (I) redefining the crisis in more realistic terms; (2) clarifying the nature of the crisis and possible consequences; (3) identifying strengths and resources with which to deal with the problem in a step by step fashion; (4) notify supervisor on duty immediately and file a written report to Program Director within 24 hours; (5) passive therapeutic holding should only be used in extreme cases when there is danger from client to self or others; (6) consid- eration should be given to removal of the client by police or ambulance only in concert with supervisor on-call unless there.is immediate danger. Such cases should be extreaelx rare, if early intervention is practiced. For Interpersonal Crisis: Attempt to separate individuals and follow above procedure separately and later jointly if possible. Follow procedures for individual crisis once separation is effected. In each case eliminate possible medical problem: (I) chemical abuse, (2) medication imbalance, (3) physical injury; then proceed with above. Determine if outside help is needed (i.e. ambulance/police) in both individual and group crises, (4) notify supervisor on duty immediately and file a written report to Program Director within 24 hours. st7iCTUP F As indicated above, Welcome Home will do everything possible to develop a discharge plan and schedule at the time of a client's admission. To the extent that that is accomplished, there ought to be less confusion and potential for difficulty in nlanning the move through the program to discharge. Since there will be a plan (see Assessment) developed for each client immediately upon admission, the attendant needs of each client can be organized and managed within a defined timetable. Where there are omissions in this process, Welcome Home staff will do everything possible to identify what needs to be done by whom within whatever time line and attempt to coordinate resources to accomplish same. Welcome Home will not attempt to supercede other agencies' functions, however, but rather will do whatever possible to facilitate the accomplishment of tasks left as yet unattended. It is not expected that all clients will participate in all components of the program or to the same extent. There will be varying capacities, varying needs and varying schedales. The program components are structured to be available as necessary and are not a requirement of the program as such. This is not to say that clients may he uriri i exempt from participation for no good reason, hot rather to point out 11,1 each client will be treated according to his or her individual needs insofar as that is possible, and that exceptions to the normal order may be taken into account. 8 . e: likely ::.:Ci,113oienl c leped botn bet. use Ur the short tern. het ..re of the program butalso because cost clients are not likely to have bee n in for the same length of time. L:wever it is possible to le.int a i n g r o u p norea. tatitns by actively expecting clients to be responsible for themselves and reseuesible to the program as well as by making strong (if brief) con n e c t i o n s with the staff. The focus will be somewhat more task and behavior orie n t e d r a t h e r than proroting a strong emotional attachment. It is important that staff keep in ' mind that this is hot a therapy program and we must not open up issues and f e e l i n g s that c:—e: and or t:.eleted te tie clients are in residence. CLIENT 1,P,T1C1PATI0N Since there will be constant change in client population, Welcome Home's re s i d e n t council is raintained as a council of the whole. One of the three week gr o u p m e e t i n g s will be devoted to household issues as an open forum and this will constitute the resident council. Once each month, an election among clients will be held to select one client to be a representative on the advisory committee which will meet q u a r t e r l y or more often if necessary. In addition, the other two weekly group meetin g s will provide an opportunity for client input if necessary. Minutes of the resid e n t c o u n c i l meeting will be recorded and made available to the program director. Consi d e r a t i o n may be given to requesting approval for having a former client, who is int e r e s t e d , be a client representative since due to the short term nature of the progr a m i t w o u l d not be possible to have any continuity of client representation from one q u a r t e r l y meeting to the next. Finally, Welcome Home utilizes a discharge review fo r m w h i c h should Provide an uninhibited opportunity for criticism. INDIVID'eALIZED PROGRAM PLANNING - See Assessment FAMILY SERVICES Welcome Home believes that the family relationship is the most significan t r e l a t i o n s h i p in a per:.on's life. The fa:aily provides tee tasis from which one's perso n a l i t y i s developed and is the reference point for all further development. Such b e i n g t h e c a s e , it is essential to make every effort to work within the family context wheneverp o s s i b l e , even if there is no plan for the client to live with the family. It is critically important to attempt to develop and maintain the support, understanding a n d l o v e w h i c h may only be provided by the family. By the same token, pain and anguish a r e g e n e r a l l y considerably heightened in family relationships and these areas also must b e c o n s i d e r e d . Welcome Home uses multiple approaches including crisis counseling, family g r o u p s , informational presentations and regular ongoing individual family counsel i n g t o a d d r e s s this very i7ortant issue. However, time will be limited to no more than t w o to four hours for any one family as it is not designed to be ongoing therapy. Rathe r i t i s to address imotediate crises and to provide education and support until ther a p y , i f necessary, can begin. LENGTH OF STAY Welcome Hose will closely monitor each client's stay and maintain contact with other aerIcies, r .atticultrly the assigned Iienhepin Couty caseworker to ensure compliance with the rcquireent to raintain a r1Lxim..:m lengtn of stay of sixty days. I n a d d i t i o n , Welcome Home can play a more direct role by ensuring the Individual Program Plan is ) 9 - ),e .nd that attention to discherge plLnning is instituted ac the tine Velccme Home will require that the external case manger rake a written ceL lilment to comply with the sixty-day residential limit. We anticipate an average stay to be 30 days. Extenuating circumstances such as an unexpected delay in zn ale Led in the appropriate treatment facility may dictate. an otAsion. All extcnsions will be for specific reasons with no more than 15Z of the population on extended stay at any given time. Maximum length of extension is 30 days. County personnel will be notified when individuals are placed on extension. STAFF The efectssional staff will utilize a team approach with the program staff consisting of an Executive Director, a Program Director/Administrator, a Social Worker/Family Counselor, 2 Mental Health Counselors, an LPN, 2 Night Mental Health Workers; 3 part- time Mental Health Workers, 1 Mental Health Worker/Cook Nutritionist, 1 Maintenance/ Housekeeper, and 1 Secretary/Bookkeeper. The team approach means that staff members will not work in isolation but rather jointly in an effort to provide caring, coordinated, efficient care, connunicating with cne another daily. Each client's progress and IPP will be reviewed once a week by the staff facilitated by the Social Worker and/or the Mental Health Counselor. The major function of the Program Director/Administrator is the responsibility for con- tinuous overall operation of the program including nmintenance and upkeep of the facility, staff selection and supervision, public relations and community outreach and consultation and/or co-counseling with family counselors as necessary. The qualifica- tions for the Director are a Masters Degree in Behavioral Science or related field and a minimum of one years experience in Mental Health, or a B.A. with a minimum of three years experience in Mental Health, plus one year of training or experience in adminis- tration and supervision. The function of the Social Worker/Family Counselor is responsibility for the supervision of the assessment and planning for the client and the client's family, including ongoing evaluation ehile the client is in residence or crisis counseling. The SW/FC is respon- sible for supervision of the counseling aspects of the program and for community out- reach including liaison with County social workers and other referral agencies, as well as resources for clients. The qualifications for the Social Worker/Family Counselor are a B.A. Degree in Behavioral Science or related field and three years experience in Mental health with a primary emphasis on families. The function of the Mental Health Counselors and Mental Health Workers is to maintain responsibility for supervision of scheduled daily routine activities, providing an atmosphere of earmth and safety to help diminish stress and allow for clients' growth and personal development, helping client create and maintain an organized daily schedule. The Mental realtli Counselor assists in the diagnostic process and has primary respon- ibility for oeserving and meeting regularly with individual clients assigned to him/her and report at a weekly team staff meeting. The Night Mental Health Workers are respon- sible for maintaining awake supervision and security of the clients and the facility durinn niehttime hours. The LPN is responsible for maintaining the medication policy and procedures and providing training for all staff members in the administration of medications. The Cook/Nutritionist is responsible for planning nutritionally sound meals, preearing lunch and dinner, managing the kitchen, ensuring compliance with Health Codes and rc,e)irements of regulating aocncies. This person will also provide some instruction to client in cooking, nutritional principles, meal planning, and budgeting. in AND 1. All potential adjssions rust be in nced of respite care services and have a current (within the last 12 months) diagnosis of mental illness. 2. Admission documentation must reflect that the client rats all administrative criteria. 3. The cae manager, exterra, the ixogram (Count) •acrker, clergy, family my -ber, physician, referral source, or discharge resource) rust be assigned prior to admission. 4. A written pre-admission plan must be developed prior to admission. This plan must include the following: a. Goals which address the client's immediate needs and the general goals of placement. b. A statement describing where the client will be living after discharge from the program. c. A signed statc.::.ent from the external case meneacr assuring responsibility for finding the client's discharce placeaent within the sixty day limit, and a plan for how that placement will be secured. d. A description of the roles and responsibilities of the external case manager and providing information, support and referrals for the client. 5. An Individual Program Plan must be developed within Len days of admission, by an inter-disciplinary team. Ibis plan will include a list of the client's specific goals and the specific methods by which those goals will be achieved. 6. Priority for admission must be given to EennaOr County residents. 7. Out-of-county residents rust have a placement acreement signed by the County of financial responsibility prior to admission. Exclusions from admission include the following: 1. No individuals will be admitted who are under IS years of age. 2. Applicants must not be in need of skilled nursinp cars, hespital care, or immediate crisis services. 3. Applicants must not be mentally retarded (IO telow 7O). 4, Individuals with a dual or secondary diaeresis f:'-c7ical abuse or dependency may be admitted if: a. Their chemical use does not interferc t:leir ability to participate in and be safely Lair.taihed b) the propra;., chd b. Their current'tJeat -;nt N.-ads are rri!7.:.rily 4 r t'-e area, of •ental ical. 1 1 ici.nts requiring special diets are limited to these with diets that can 5e prepared in the course of ncrral 7.aa r•: •,tcr r ci i. t ; ca;,able of self munitoring of their food intake within nurrial supervision limits. E. Client rust be able to physically participate in the program. co::!pletin is defined as meeting the goals established in the ram Plan within the specified sixty-day length of stay. Circumstances under v:hich a client may be unsuccessfully terminated from the Welcome Home program are: 1. Behavior endangering the safety and well being of self and/or others. 2. Chemical use that interferes with the client's ability to participate in and be safely maintained by the program. 3. Behavior sufficiently destructive so as to preclude reasonable service to other clients. 4. Hospitalization for physical or psychiatric treatment. 5. prolonged absence without leave from Welcome Home (more than 7 days). PROGRAM FLOW CHART REFERRAL ;SE.If i , family, friend, caseworker, hospital, other Rule 36 facility) INTAKE INTERVIEW > REFER ELSEWAERE (one-to-one conducted by Welcome Home staff inmediatelv upon presentation at the facility) 4JPISSION PROGRAM PLAN (c;rpleted within 10 days of admission, involves client, Welcome Home staff, family, caseworker, at minimum, plan for discharge determined) SISNmT TO PRIMARY STAFF :1 ,1VI:',ES AND PROGRAM V =in 1ves conference wit' client, Welcome Home staff, family and caseworker, 12 E. PROCeAN COORDINATION eND CCeSULTATION 1. Agencies free which most frequently receive referrals: a. Fairview Scuttdale Hospital b. Golden Valley ental Health c. Methodist Hospital d. North Memorial Hospital e. Hennepin County Social Workers f. Other Rule 36 facilities 2. Agencies to which most frequently make concurrent referrals: a. South Hennepin Drop-In Center b. Recreational (i.e. YWCA, YWCA) c. Vocational (i.e. DVR, CETA, Hennepin Technical Center) d. West Hennepin Cceeenity Mental Health Center e. Legal Aid f. Other Rule 36 facilities 3. Agencies to whic h most frequently make referrals at discharge: a. Client family residence b. Independent living c. Other Rule 36 facilities d. Day treatment program e. Hospitals f. Nursing homes COORDINATION OF CONSULTATION Joint programming and coordination with other agencies is an important aspect of We l c o e - - Home's program. This is in part based on a belief that the best way to serve clien t s Is to help them serve themselves. One way to facilitate such self help and self re l i a n - is to encourage clients to familiarize themselves with appropriate community resour c e s and to make use of them as needed. Contact coordination, linkage and joint programming will be accomplished in at le a s t four ways. First; agency to agency contact and consultation (in general terms as w e l l as concerning specific mutual clients), Second; facilitating client direct intera c t i o n with other agencies. ThileI; oteer a‘ e cies, foe.Ille r - : inviting presentations by othr agancies at Weiccr.--a Hcma, anc participatico in the Residential Mental Health Forum, and Fourth; recreational and cultural activities i n v o l - ving the use of other agency facilities such as the YMCA and the YWCA. i MENTAL HEALTH COUNSELOR 1 MENTAL HEALTH WORKER 4 .50 FTE MENTAL HEALTH WORKER 5 .50 FTE F. fq.,7•, D;;11:,1ION/SUIFING/SCHEURI%6 WELCOME HOME RESPITE CARE ORGANIZATIONAL CHART FiXECUTIVE DIRECTOR .125FTE [RESIDENT COUNCILi - - -GRAM DIRECTOR/ADMIN1STRATOR 1.0 FIE - - • ADVISORY CO,.:AITTEE SEC/BKPR i SOCIAL WORKER/ FAMILY COUNSELOR COOK/NUTR. MAIN./HSKPR .75 FTE MENTAL HEALTH COUNSELOR 2 MHW 3 I NIGHT .50FTE Mfik I 1 NIGHT i MHW 2 .75 FTE AUTHORIZED HOLIDAYS Employees are entitled to four special holidays the first year of employment and five thereafter. Holidays will be scheduled in advance for each employee so as to ensure adequate staff at all times. Holidays need not coincide with any particular official holiday. Additional holidays nay be taken without pay, providing aci;:,:!:;atE: a:,-nge7et.ts can be made in advance and sufficient substitute staff is available. The respite care facility is a round-the-clock, seven-days-a-week facility; therefore, all hours are regular working hours. See Staffing Patterns and Activity Schedule (15a-b All full-time employees will earn paid vacation days at the rate of one day per month of employment. G. MANAGEMENT AND PROGRAM OBJECTIVES 1. Staff will be hired and oriented to Rule 36, SLF, and Hennepin County contract requirements by 11/15/84. Training of each individual staff member will be documented by records in personnel files. The Program Director/Administrator is responsible for obtaining results. 2. Rule 36 license application will be submitted by 9/15/84 by the Program Director/ Adinistrator. 3. Written agreements will be developed and kept on file at the facility, with Hennep County lental Health Center for Day Treatment, Vocational Services and Circle F, well as with other resources routinely used such as; Hennepin County Area Vo-Tech and specific programs such as MI/CD when the need is indicated by resideNtal asses'- 14 be submitted to the Minnesota Departrent of alth by 9/15/ZA by the Proyram Director/Administrator. 5, Conditional use permit will be submitted by 9/11/84 by the Program Director/ Administrator. 6. A maximum of five clients will be admitted the first week of operation and two per day thereafter until capacity is reached. 7. The Program Director/Administrator is responsible to ensure that all services available and uperational on 11/19/84. 8. The Advisory Committee will consist of the Program Director/Administrator, a resident representative and two comnunity representatives, one of which may be a mental health professional. These people are to be named prior to the first meeting, the date of which shall be approximately January 2nd 2985. 9. Fire safety and housing requirements will be covered in application for the conditional use permit to be submitted by 9/11/84 by the Program Director/ Administrator. 10. Contact by 10/15/84: a. Abbott/Northwestern Hospital b. Golden Valley Health Center • c. Human Development Institute d. Methodist Hospital e. North Memorial Medical Center f. Fairview Hospital g. Relate Counseling Center h. YES-NEON i. West Hennepin Community Mental Health Center j. Hennepin County Medical Center k. Hennepin County Mental Health Center 1. Anoka State Hospital The Program Director/Administrator shall be responsible for making these contacts. )1. Client-related Goals: a) 75".; client participation in at least one weekly event in the community away from Welcome Home. -Review client records at close of contract year -Counseling staff with primary counselor designated responsible b) At least 25';; family involvement-attend and participate in at least one family contact. -Review client records at close of contract year -Family Counselor responsible c) At least 75: satisfaction in client discharge review forms -Review client records at the close of contract year - compliance with 1PP -Program Director responsible ic PLANE ico ACTIVITY SCHEDULE 'FSIDENTIAL AND NONI2ESIDI.N IAL. '.T.LCnME H0E Pror,osi-d Contract Period 10/1/84 thru MO: :DAY 7U:5:DAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY Fr! 8-8:30 Breakfast 3:30-9 Clean Up 9:31) i4edicat •9:1S Physical 10-12 Individual a Morning Grou physical health health 12-1 Lunch and Clean Up 1-2 Free Time 2:00 Medicat 2-5:30 Afterfoon Activity and,nr 5:30-6:30 Suri, 6:30-V, llotr;c Meeting 9:00 Mcdicat , 9:15 Pelaxat . ! on Fitness pointments (ir-house - Skills and education, on group meet . 6:30-9 Planned Activity on on or in 1 Topics (i.e. Independent self medicaticn, _2:00:300 Team Meeting ng 6:30-8 Group Meeting he community) nutrition 6:30-8 Group Meeting ...- Living . Skills, etc.) • 6:30 Free Time ......_ > > .> 8:30-10 Breakfast . 1 ' 11-1 Super Clean- thorough depth clean of daily chores Social- 1:00 Activity v _ Free Time r -4 . . on v ., . . • Celp and , Eve n! Sche: • ,. .... . . _ IIFIrCZF f3rovicier thru 6/30185 STAFFING PATTERN - RESIDENTIAL AND NONRESIDENTIAL Proposed Contract Period 10/1/84 a; Day Morning Evening I 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 >. 0 'V -X ° 0 NW NW NW NW *W/F NW NW Alternate Cl NW SB Cl MM SB (SW CN Cl PD SB SW CN Cl PO M SB SW CN Cl PO SB SW SW CM PD MM SW Cl LPN PO SB SW SW CM Cl LPN PD M SB SW SW CN Cl LPN PD SB SW CU C2 LPN PD SW) SW CU C2 LPN SW C2 --(T)es-Sat) SW LPN SW C2 LPN C2 LPN . C2 NW C2 NW C2-( NW )... o-o '5 -o- I.o NW NW NW NW • NW NW Cl NI.4 CM Cl CN Cl CM CI CM Cl CU W5 Cl W5 CM Cl 145 CN CI W5 w4 CM -(T W5 W4 CM W5 W4 es-Sat) W5 W4 W5 ana C2 415 144 W5 c2 ------ITri Molday) W5 414 W5 C2 W5 144. 115 C2 NW W4 C2 NW 571t; NW W4 C2 NW NW W4 C2 NW ›. 0 --. c in NW Nw NW NW I NW NW NW NW 143 NW 143 W3 0 143 143 W5 143 WS to 145 W3 145 W3 145 143 W5 (Sun C2 ,.. 0 :0 75 r.. NW i'^s. NW Code NW NW Cl NW Cl II of Cl F.T.E. Cl Cl Position Cl Cl Cl Title C2 C2 3 4 5 C2 Pr-. ---).3---- C2 W4 145 LPN CH SB M Code C2 C2 C2 C2 NW // of C2 NW F.T.E. NW . ' • ,ition ?Me .3m Di r. /Admin. • I Wor!er/Fam. • !,!:' th Counsel •s!,, .,.,, Counseh,- .4.A. :sacker Thl..t. P0 SW 1 Cl 2 C2 NW NW 1 2 1.00 1.00 1.00 1.00 1.00 .75 Mental Health Worker Mental Health Worker Mental Health Worker LPN Cook/Nutritionist Sec./Bookkeeper MlintonmIce .50 A 1.00 1.00 1.00 ,n Sun-Thur 12. 1 t leest '.;5": of clients e.e14, indrance of organizaticnal or trare4t,rtational proble.es d6e tc cratic conditions. • -review client records at close of coneract:ycar to determine tieeliness of reports and appointments in keeping with 1PP and discharge planning. -Program Director responsible e) Fewerthanlir of clients discharged involuntarily (other than as specified in IPP). -Review client records at close of contract year -Program Director responsible 13. Results on'the above measures will be reported for the contract period to date as part of the submission of the 1985-86 contract proposal. 14. The Program Director, in conjunction with the Mental Health Division evaluation unit, will finalize the program's Evaluation System and submit the resulting materials with the fiscal year 1985-86 contract proposal. 15. The Program Director will submit to the Mental Health Division copies of all written Vulnerable Adults Reports, ongoing. 16. The Program Director shall prepare and submit to the Mental Health Division an Annual Report as required by Rule 36. 17. See below. * H. QUALITY ASSURANCE 1. Monitoring of Services to Current Clients Services to clients are reviewed each week in regular staff meetings involving all staff active with clients. Meeting notes are kept for each meeting and maintained at the facility. In addition, weekly open forum group meetings offer opportunity for concern or criticism on the part of clients. Finally, all services are reviewed with the advisory committee on at least a quarterly basis. 2. Client Follow-Up - not applicable 3. Client Statistics Client satisfaction is monitored on an ongoing basis as noted above with feedback from regularly weekly group meetings. In addition, Welcome Home uses a Departure Review form which requests feccie:Ick on services rendered. Welcome Home 011 provide statistics and evaluation data to Hennepin County on a quarterly basis, using the required quarterly management report format. * 17. The Program Director will develop a policy to ensure that staff have training and/or experience necessary to proviee services to MI/CD individuals by December 1, 1984. 16 le:eest semi-annual f!eCe,..ce • •;cy with hhom it has maintained a client-oriented workino rclatiohship. OA:eoon.ont Vritten evaluations are done every six months according to a specific point system combined with a narrative commentary. As part of the eialuation process, ritual feedback with supervisors is mandated as well. Clients will also have -olJnity to provide =eedbach, partieul:rly at departure. The evele!tien e :..a;ntained in each persbneel file and kept at the facility. 6. Management and Program Objectives Since these are self-explanatory and make specific tasks to be accomplished within specific time lines, there will be direct evidence available as to the satisfaction of objectives. I. FACILITY Weleome Home proposes to lease a building located at 7170 Flying Cloud Drive, in Edel Prairie. It is a three story building with 2 single, 3 double and 2 triple rooms, room for 14 clients at the outset with an additional four beds available by ry 1:135. It also provides separation of male and female living arrangements. The ding is in excellent condition, having been extensively remodeled in the oast five years. It is situated on a 1-1/3 acre lot with a creek running alongside the buildine and much open space around it. Public transportation is available both at Eden Prairie Center and at Southdale, each of which is five minutes away. Transporta- tion from Welcome Home to these centers by Welcome Home van. II. OUTREACH Clicnt outreach efforts 011 be primarily the rc:s::..nsitility of tieircrn Director,' Administrator, although other staff members may nave some occasional participation as well. The following will be contacted prior to opening 11/19/84: Abbott-Northwestern Hospital, Fairview Hospital (particularly Fairview Southdale and Ridges Health Center), Methodist Hospital, Hennepin County Medical Center, Golden Valley Health Center, Hennepin County Mental Health Center, North Memorial Medical Center, Relate, YES-NEON, and West Hennepin Community Mental Health Center. Contact will be by direct appoint- ment and personal visit with Welcome Home Program Director and appropriate administra- tive and/or treatment staff in attendance for the purpose of providing information recr,r,fir7 the services Welccme Home plans to offer. It is Expected that these visits will he follovxd up in subseeuent months during which time Welcome Home will be pub- an informational brochure as well. Having made these initial contacts, Welcome licre will continue to reach out to these agencies, rental health and family services clin:a. ;:ner ;:ule 36 facilities and Hcnneoin Hoe .n Services staff in an ongoing effort to orovide infonoation regarding the respite care program. For the first year at lcest, Alocmo Epee will schedule at least four visits to other agencies each month. In addition, Welcome Home will hold periodic "open houses" of its own facility (at all tines, hoover, taking into account the privacy of its clients—clients 011 be ce.e...:ea through the adviser). committee and will be involved in planhirg such activities) beginning with an initial "opening open house" within the first six weeks to t:..e ;-.Tr.:1 .s of operation. ;13 17 :IANAGERJ id)OKLYa CE%TER ! 1 PROGRAM I DIRECTOR 1 CHILDCARE ! STA!,F ; 1-----r- CHILDCARE ; ! MENTAL HEALTH EN HEALTHr COUNSELOR 1 11 COUNSELOR 2] _ _ \. HEALTH iNTAL HEALTH WORKER 4 MENTAL HEALTH WORKER 5 MENTAL HEALTH WORKER 3 MENTAL HEALTH NIGHT WORKERS :":.!1!:!sTRATIVE =AG!! 1. .e Home's in of command is as follows: EXECUTIVE DIRECTOR I _ -PROFIERTIES !PROGRAM MANAGER i DIRECTOR rEsiatifi_ _ RESPITE CARE / - -1ADVIWRY COUNCIL.] AD RESPITE DIR1 FOMMITTEE PiT.Y11011=LOR COOK IMAINT.I HSKPG. SOCIAIL. WORK -5-E9pKPR. i ".1:';:.10;;;A E.;:d :y ;r, ahc a;4._roved by the Executive Director. 7:.erc is a clear dalicti.oh in tnis regard with the Executive Director having delegated full authority and freedom !, F!.aff to run the tratment programs while reserving tne means to review operation!: :cessary. his position has to do with the belief-that-staff responsibilities require staff authority and that the most productive development of the former depends largely on the free exercise of the latter. The review option provides a check and . balance, but does not impede the ability or capacity of staff to develop, evaluate • and/or alter aspects of the program. In addition to regular, ongoing weekly staff c:-.tineees review of pram procedures, Welcome Home fias an annual co .:4.%fiensive pr:.gram review involving the Executive Director and all Program Directors. The purpose and goal of the annual review is to assess the per- formance of the past year, confirm current policies and procedures and establish goals and objectives for the coming year. JOB DESCRIPTIONS • EXECUTIVE DIRECTOR The Executive Director bears responsibility and authority for all operations and dele- gates the freedomcand responsibility to run the respite care program to the Program Director/Administrator. The Executive Director is responsible for the fiscal adminis- tration of the respite care facility. %ties and responsibilities: Fiscal planning, coordination and control 1. Develop annual budget 2. Supervise expenditures 3. Prepare monthly expense report 4. Prepare annual review Job Qualifications: a. A B.A. Degree in one of the Behavioral Sciences or Business Administration. b. Five years experience in management and coordination of service delivery. PVSPA", DIRECTOR/AD !!IISTRATOR The or function of the Program Director/Administrator is the responsibility for con- tinuous overall operation of the respite care program. Duties and responsibilities: a. Administrative tasks related to staff selection, personal issues and fiscal accountability. b. Staff supervision and scheduling. c. F-;,ervie.-ory tasi.s r(-7 51,c to case assignment and accountability c. Staff training 19 v. :ne.li . f. :• , e.• . ,elor as hecvsary g. filed !:eerviHce. h. Maintenarce and UOCCI) of the facility i. Ensure ocavliance with Pule 36, Vulnerable Adult, Data Privacy and any other ep,able re:elatien Job Qualifications: a. Masters Degree in Behavioral Science or related field and a minimum of one year of experience in the Mental Health field or; B.A. with a minimum of three years exeerier•et in ''antal Health. b. One year of training or experience in administration and supervision. SOCIAL WORKER/FAMILY COUNSELOR The function of the Social Worker/Family Counselor is responsibility for the supervision of the assessment and planning for the client and client's family, (including ongoing evaluation while client is in residence) and for crisis intervention and counseling. Duties and responsibilities: a. Assessment of the client system through individual, group and family contact b. Coordination of planning process for client . c. Team supervision d. Supervision and coordination of instructional, educational and skill building aspects of the program e. Supervise maintenance of case records f. Develop and coordinate use of outside community resources which may benefit the client system g. Liaison with caseworkers Job Qualifications: a. B.A. Degree in Behavioral Science or related field b. Three years experience in Mental Health with a primary emphasis on families MENTAL HEALTH COUNSELOR I AND II The Mental Health Counselor has responsibility for the daily routine of the respite care facility, supervising daily activities and responsibilities of all clients with specific responsibility for the IPP developeent for 9 clients assieeed to their primary care. The goal of the rental Health Counselor is to encourage the client to do what s/he is able to do and to develop his/her abilities and capacities further. The Mental Health Counselor is one of the key criers of the team and is likely to be the person with whom the client will form the closest relaticnship. The Mental Health Counselor will observe the clients closely and meet with their assiened clients individually on a regular basis, reporting on said observations z!r1:: meetings along with an interpretation and assessment at weekly team staff meetings. The N'C will be responsible for the intake process and are designated as the primary contacts for UV: referrals. At least one laliC or MH will be required to have training and/or education in the area of the dual problem of :aental Illness and Chemical Dependency. 20 1 7 livin . •11 is rf.1;,orrsil,) . . •ervisicn and coordination and tr;;;ni; cf :NL- stress r.,:rc....gcrceut v - program. :ties and iesponsibilities for both rJital her.tn Counselor I and Eental Counselor 11: a. Provide an atmosphere of warmth and care in which the client feels safe and secure enough to allow him/herself to experience change and some relief frc -. stress. b. Assist in the diagnostic and planning process by observation and reporting . to the Social Worker and Program Director as a member of t h e e v a l u a t i o n t e a m . This responsibility includes coordination of the development o f I P P ' s for their assigned clients. c. Help the client develop his/her own individuality and persona l i t y : 1. Expand his/her wealth of knowledge and experiences through: a. tutoring and teaching b. new recreational experiences c. teaching him/her to care for himself/herself physically and emotionally. 2. Help the client see him/herself in a realistic perspecti v e t h r o u g h personal relationships and confrontations, sharing feelings a n d i d e a s . 3. Applying to his/her own daily living the things s/he has l e a r n e d . 4. Assisting Program Director and Social Worker in teaching a d a p t i v e m e t h o d s of expressing feelings. d. Help client negotiate and experience his/her environment in a m a n n e r t o p r o m o t e growth and development. I. Help client deal with the more complex emotional entangler..en t s s / h e m a y encounter outside Welcome Home. 2. Help client relate to people and organizations not directl y a p a r t o f Welcome Home. e. Help client experience a healthy emotional environment: 1. Serve as a healthy personality model for the client to inter a c t w i t h a n d emulate. 2. With his fellow workers, serve to establish a healthy group o r f a m i l y - like setting for the client. 3. Provide, and help others provide, the type of emotional and strctural support that an individual memher of the group may need at a g i v e n t i n e . 21 • ; in ..arious rcreational activities. orpnize 6id a i.;:rapeutic physical environment: 1. Regulate stimuli to which client is exposed by limiting the size and cc:-.1c.:ity of hisyiscr.;..-,n:-.. 2. Assist client to maintain his environment in an organized and sanitary • condition. 3. Assist client in altering his environment positively in such as way that visit.le or tangible self-eression is possible. 1. Help client create and maintain an organized daily routine. I. Assist client to design and follow daily routine. 2. Assist client to keep his various appointments where appropriate 3. Assist client to organize leisure time for maximum growth and enjoyment. 4. Assist client to plan, supervise and participate in activities. 5. Assist client to care for own clothing and possessions properly. h. Supervise Mental Health Workers assigned to them. i. Participate in emergency on-call supervisory rotation. Job Qualifications: 1. B.A. Degree in Behavior Sciences and/or equivalent specialized training and/or certification. 2. Experience working with mentally ill population. (Minimum one year). 3. Training and/or experience in one or more of the following areas: Independent Living Skills, recreation programming, stress management, relaxation programming, or occupational therapy. MENTAL HEALTH WORKER/L.P.N. The LPN has responsibility for maintaining the Medication policies and procedures to ensure compliance with Health Department standards. Duties and responsibilities: a. Encourage and instruct clients in self care procedures and self administration cf medication b. Train all staff members in appropriate techniques for medication administration c. Ensure proper recordkeeping in compliance with all medications passing require- ments. d. Provide a state approved training program for unlicensed personnel to administer medications in a residential setting. e. F:.rticipate as part of the respite care team including ensuring adequate staff coverace as necessary. 22 2. Familiarity and experience with mental l y i l l p o p u l a t i o n . Wpi:qR 1 AD II • The function of the Night Mental Health Wor k e r i s t o p r o v i d e a , ; a k e s t a f f c o v e r a g e d u r i n g nighttime hours from 10:00 p.m. to 8:00 a.m . a n d t o a n t i c i p a t e a n d to respond to any unusual or emergency situations that arise, i n i t i a t i n g t h e r e c c -,.;.ended procedures and rting to the on-call supervis7.-.ry personnel. Duties and responsibilities: a. Maintain continuity of the program and pro v i d e a v a i l a b i l i t y o f s e l f to client if needed in the night b. Maintain active awake supervision throughou t t h e n i g h t c. Make regular bed checks and building checks , k e e p i n g a r e c o r d t h e r e o f d. Prepare for breakfast in the morning e. Respond to crisis and emergency situations • f. Supervise administration of any required me d i c a t i o n d u r i n g t h e n i g h t a n d r e p o r t properly ' g. Perform assigned clerical or cleaning task s a s n e c e s s a r y . P r o v i d e a d d i t i o n a l backup coverage for staff vacations, holida y s , . i l l n e s s o r e m e r g e n c y s i t u a t i o n s if scheduled fewer than full time hours. b Qualifications: a. Some college coursework in Social Science a r e a i s p r e f e r r e d . b. Experience in Human Service agency, traini n g and/or experience working with emotionally disturbed and/or mentally ill. MENTAL HEALTH WOUERS III. IV AND V The function of these Mental Health Worker s i s t o p r o v i d e s t a f f c o v e r a p e d u r i n g n o n - p r o g r a m as well as program hours. The Mental Healt h W o r k e r s p r o v i t e c c T : i n u i t y o f c a r e a n d p r o : : : under the supervision of the Mental Health C o u n s e l o r s , p e r f o r m i n ; s i m i l a r d u t i e s t o t h e Mental Health Counselors with regard to d a i l y s u p e r v i s i o n o f c l i e n t s , p r o v i d i n g a c a r i n g supportive atmosphere while maintaining app r o p r i a t e e x p e c t a t i o n s o f c l i e n t s . S e e M e n t a l health Counselor job description. Duties and responsibilities: ' a. Supervise daily routine of client b. Supervise conflict resolution between clien t s w h e n r i ,cessery c. Supervise medication administration after cp p ! -;priate tyL:ning by the nursing staff. d. Assist in some ILS development e. Participate in recordkeeping and charting f. Facilitate recreation and social activities i n c o n c c r t w i t h t h e M e n t a l health Counselors. • 23 • . (0 txwougi. axe;:ly !.refx,rxtion during rtaltimes ve%n tXt! Coxkl . . . . ,xitixxst •xi x cXJ[y. rXuelificotions: 1. Scxe college coursework in the Social Science area. 2. Experience in a Human Service agency, training and/or experience working w i t h the emotionally disturbed and/or mentally ill. xxxxxxxxX x ._", xIXTER/COXL .XXXX:i1ONIST The function of the Cook/Nutritionist is to plan nutritionally sound meals, p r e p a r e lunch ind dinner and to nanage the kitchen so as to ensure compliance with h e a l t h c o d e s and requirements of regulating agencies. Duties and responsibilities: -a. Manage and maintain the kitchen in a sanitary fashion - b. Meal planning and preparation c. Food and supply ordering d. Teaching cooking, nutrition, meal planning and budgeting as appropriate t o client E. lx.nlement IPP's as developed by counseling staff . f. May accompany clients to outside appointments g. Participate as a part of the program team providing input at weekly team me e t i n g s h. Maintains appropriate records Job Qualifications: X. XxxXXxx Xx xxXxXxx x X xxXxXXXxx xxxx. Xxx xx.xXXxx XXXXx x Xxe year experience and/or training in the Mental Health field. X. X xx xxxx xXxx xXxxx x x XxxxXxx xxX xxxxx xXxx xxX xX XXxxx XXx xxx xX h xxXx. 01hRY/FOOKKEEPER This position will have responsibility for the maintenance and the manage m e n t o f t h e o f f i c e 1 to include initiation of all documents and communications relating to th e o p e r a t i o n o f t h e j program. Dulles and responsibilities: a. General office management and recordkeeping L. Receptionist 1. Receiving clients and visitors 2. Answering ph:nes 3. Taking accurate messages c. Typing of letters, LixDrardX and project reports d. Data collections 1. Filling out in .txke forxs 2. riling statistical reports 24 " • fifin7 clipot in :,.neral fonishlth which they may need assistance h. Collect room and board rent ane r ,:cipts Y,aintain.ba:?ic Job Qualifications: 1. One year office management experience. 2. Evidence of personal kr,owle4e practice, reading and interpreting written writing acceptztle English, strong proofreading skills. . 3. Ability and training in keeping accurate bookkeeping records. MAINTENANCE/HOUSEKEEPER The maintenance person is responsible to carry out normal day-to-day maintenance functions within the facility. Primary responsibility will be the performance of said duties, thus Ensuring the maintenance of Health and Regulations and providing the residents with com- fortable surroundings. Duties and responsibilities: *11 include but not be limited to: A. Maintenance, general maintenance of the building and grounds, inside and a. Painting b. Repair of windows, doors, general woodwork c. Repair of small appliances d. Minor plumbing repair--faucets, 7— e. Minor material repair and/or damage reir f. Seasonal tasks such as changing storm hincows an screens g. Minor vehicle repairs and maintenance i.e. eil changes etc. B. Housekeeper, ensure cleanliness of the building and perform heavy duty cleaning tasks that are not normally performed by the residents. Job Qualifications: 1:.equires person .ho has previous experience in maintenance duties. Prefer'jack-of-a:: trades". n 1 sTwr DEVELMENT PLAN it is critcally important to have a thoroug ,1, cc --rch::Isive plan for st:ff ,.su7;ort not only initially, but also on an onpir.; Pacause client :1 .:;:ress tc ( ,ife liritcd and manifest only in very small ircrc:al,z:. v:et soazices scs - :f;:e to ste“. horhing with this clientele requires training, shill and exeritr.ce. . :1.ff rc::Jires both training and an honest but nurturing support system. It is :ff ea thoroughly prepared from the outset. c:rder to ensure t!-.::t Itis . . - 2; . . :eeining eorkshop inwAviNg a; 1:ueh : ;ciately prior to the first clients being adl.itted te fojf0i. 011 cover all aspects of the program, client processing procedures, progem policies, philosophy and staff support, gr o w t h a n d d e v e l o p m e n t . The focus will be rainy practical in nature but within an ex p l i c i t p h i l o s o p h i c a l Beyond this initial orientation, all staff working directly w i t h c l i e n t s s h a l l h a v e at least 15 hours of training in the following areas at a m i n i m u m : ( a ) f i r s t a i d ; ( b ) crisis intervention for psychiatric emergencies; (c) proble m s a n d n e e d s o f c l i e n t s end their families; (d) available community resources; (e) p s y c h o t r o p i c m e d i c a t i o n s and their side effects; (f) client rights; (9) cultural awa r e n e s s t r a i n i n g ; ( h ) r u l e s governing the operation of residential facilities for adu l t m e n t a l l y i l l ; ( i ) s t a f f stress/burnout; (j) chemical use and abuse; (k) health/nu t r i t i o n ; ( 1 ) a d m i n i s t r a t i o n of medications. Other areas and topics will be included as n e c e s s a r y . T r a i n i n g w i l l be conducted on a vainthly basis and a record of attendance a n d p a r t i c i p a t i o n k e p t i n each staff member's personnel file. At least one MHC or MH W w i l l b e t r a i n e d a n d e x p e r i e n c e d ! in the dual problem of MI/CD and be responsible for instru c t i n g o t h e r s t a f f i n t h i s a r e a . ' VII CORPORATE FUNDING AND DELIVERY HISTORY Welcome Home has provided services to Hennepin-County for th e p a s t 1 2 y e a r s , d e v e l o p i n g programs primarily with adolescents and their families. Curre n t l y , W e l c o m e H o m e o p e r a t e s three group homes in Hennepin County serving 25 clients. In t h e p a s t , i n a d d i t i o n t o t h e current services noted, Welcome Home participated in the develo p m e n t , o w n e r s h i p a n d operation of Forestview Children's Home, serving mentally re t a r d e d c l i e n t s ( c h i l d r e n a n d adults)., Harambe Community Group Home, serving hardcore delinquen t m i n o r i t y y o u t h ; O n 3elay, serving chemically dependent clients. In addition, Welco m e H o m e d e v e l o p e d a n d operated PACIFIC, a short term intensive intervention program d e s i g n e d t o d i v e r t H e n n e p i n County Court Services clients from long term out of home plac e m e n t a n d a j u v e n i l e s h e l t e r care facility for children, male and female, ages 0 to 18. Welcome Home has determined from the outset that its primary l o c a t i o n i s o f a s u b u r b a n nature. Currently, its facilities are located in Long Lake, Bro o k l y n C e n t e r , a n d B l o o m - ington. Such being the case, Welcome Home has developed con s i d e r a b l e e x p e r i e n c e i n dealing with the needs of suburban governmental agencies. Finally, it is appropriate to mention Welcome Home's belief a n d c o n c e n t r a t i o n o n t h e importance of the family context, a focus which has been pre s e n t f r o m t h e v e r y f i r s t d a y of service delivery. Welcome Home does not pretend that it h a s b e c o m e t h e p a s t m a s t e r of family therapy, but it has gained a vast amount of experi e n c e i n t h i s a r e a o v e r t h e past twelve years while developing and delivering a wide va r i e t y o f s e r v i c e s . VIII RESUME A. NAME: Barbara Willcox 4379 Wilshire Boulevard Minneapolis, MN 55364 (612) 472-2950 26 3L/!j • 3. ECUCAI*1: College, qniversity or Professional School: 1. University of Minnesota Social Development - MSW Candidate 2. :2n!...:,,-;ity of Minnesota, St. Paul - 2 Year Graduate Program in Chemical Dependency/Family Counseling, 1975-1977 3. etro;olitan Community College, Minneapolis, MN - 2 Years/Chemical Dependenci Specialist Training, 1975-1977 4. University of Minnesota, Minneapolis, MN - B.A. 1970 C. WORK EXPERIENCE: EMPLOY :7:G FIRM Welcome Home From: 10/78 To: present PACIFIC From: 5/78 To: 9/78 PACIFIC Welcome Hee From: 12/76 To: 10/77 Portland House From: 9/73 To: 9/74 ADDRESS 4250 Stonebridge Circle Minnetrista, MN 914 South 6th Street Minneapolis, MN 914 South 6th Street Minneapolis, MN 9329 Dunlap Lexington, MN • 11th Avenue S.E. Minneapolis, MN POSITION Regional Director Program Director Family Therapist Program Director Counselor, Secretary/Receptionist Community Corrections Program Group Supervisor Hennepin County Home School Glen Lake, MN From: 2/70 To: 12/72 Li 1 OF EDEN PRAIRIE : VARL-oCE 084-53 BOARD OF APPEALS AND ADJUSTMENTS FINAL ORDER RE: Petition of Welcome Home ADDRESS: 7170 Flying Cloud Drive VARIANCE REQUEST: To permit a maximum of 18 unrelated adult residents in a "family care home." (Code permits 6 maximim.) The Board of Appeals and Adjustments for the City of Eden Prairie at a regular (special) meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file ) therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (YES x NO ). 2. There are circumstances unique to the property under consideration, and granting such variance does not .violate the spirit and intent of the City's Zoning and platting Code. 3. Variance Request # 84 -Ois herein Granted , Denied x 4. Conditions to the granting are as follows: See Attached: , Denial x , of said variance 5. This variance shall be revoked within 15 days after notice of failure to meet the required conditions has been given. 6. A copy of this order shall be forwarded to the applicant by the City Clerk. 7. This order shall be effective Nov. 8, 1984 ; however, this variance shall lapse and be of no effect unless the erection or alterations permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 8. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD Of APPEALS AND ADJOS -IINTS C.4111.1._ Board of Appeals and Adjustments - 2- October 11, 1984 Dickey suggested that Pendleton look at different alternatives such as placing the garage against the house and partially filling in the area or putting the garage to the rear of the lot. There is no hardship demon- strated for the request. Dickey would like to see some estimates for the project. Pendleton stated that it would be difficult for him to build on the east side because of the hill. Trees would also have to be taken down. Sandvick inquired as to what was behind the house. Pendleton said that the sewer lines come in from the street on the west side. Lynch pointed out that if the garage were to go in the back it would re- quire a rather extensive driveway. Anderson stated that the house could be expanded and the garage left as is. Pendleton stated that he could not build straight back. Sandvick remarked that he would like to see some estimates of proposals. There seems to be other alternatives to utilize the existing house. Lynch stated that the asphalt surface is back 20' and the right-of-way is 15'. The existing setback is 35' from the property line, not 50'. It is a significant variance. Lynch recommended that Pendleton continue his request until next month. Estimates should be brought in plus alternative plans that would be acceptable. There should be evidence of a hardship. Sandvick commented that it was a 64% variance. MOTION: Dickey made a motion to continue Variance Request #84-52 until November 8, 1984. At that time plans, photos, cost estimates and signatures can be obtained. Sandvick seconded the motion. Motion carried unanimously. X B. Request #84-53, submitted by Welcome Home for ro erty located at 7170 Flying Cloud Drive. The request is for a variance froiii City Code, ChaPTEF -11, Section 11.66, Subd. 2, topermit a maximum of 18 unrelated residents in a "family care home." (Code permits 6 maximum.) Barbara Lundstrom Willcox, presenting Welcome Home, spoke to the request. It was her understanding that the Planning Department recommended contin- uance of the request to the November 8, 1984 meeting. Lynch stated that recommendations are needed from other bodies within the City such as: the Human Rights and Services Commission, the City's Social Services Department and the Building and Fire Departments. Willcox remarked that she had met with neighbors and Don Sorensen, attorney, 7121 Willow Creek Road. Lynch inquired if the structure was the old Sutton house. Willcox replied yes. Bard of Appeals and Adjustments - 3 - October 11, 1984 Willcox stated that they have applied for licensure with the State of Minnesota Department of Public Health and Welfare and received recommen- dations from the fire marshal. Sorensen stated that he can see no reason for a continuation of the request. Muncipalities can take no action without the authority of the state legislature. The zoning statutes in regards to the Board of Appeals and Adjustments is contained in the Minnesota State Statute Section 462.357, Subdivision 6 and reads: "The Board of Appeals and Adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located." Sorensen stated that this property is currently zoned rural. Rural zoning permits single family uses which are currently at 10 or more acres. According to the Building & Planning Departments, the property pre-existed the ordinance as a duplex. If as a duplex, it became a legal non-conforming use. Subsequently, to the passage of the ordinance, the property was improved to a triplex, which is an illegal non-con- forming use. This would make the property lose its status as a legal non-conforming use and the property would revert back to single family. Durham stated that the use . of the house was for two families prior to the 1969 ordinance. Sorensen remarked that a duplex could have 6 people per unit or a total of 12 people under the ordinance. The request is a change in zoning by use of a variance to a multiple designation. Sorensen felt that this is a situation under the state statute and is beyond the Boards'power to grant. Lynch questioned if this variance should go before the Planning Commission. Durham stated that we are not addressing the zoning of the property, we are addressing the number of people that are allowed in a facility. Sorensen remarked that numbers in this case is a change in zoning. He read from Minnesota State Statute, Section 462.357, Subdivisions 7 & 8: "Subd. 7. Permitted single family use. In order to implement the policy of this state that mentally retarded and physically hand- icapped persons should not be excluded by muncipal zoning ordinances from the benefits of normal residential surroundings, a state licensed group home or foster home serving six or fewer mentally retarded or physically handicapped persons shall be considered a permitted single family residential use of property for the pur- poses of zoning." "Subd. 8. Permitted multi-family use. Unless otherwise provided In any town, muncipal or county zoning regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 mentally retarded or physically handicapped per- sons shall be considered a permitted multi-family residential use Board of Appeals and Adjustments - 4 - October 11, 1984 of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the homes which are more restrictive than those imposed on other conditional uses or special uses of residential property in the sgme zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility for the mentally retarded or the physically handicapped. Nothing herein shall be construed to exclude or prohibit resident- ial homes for the mentally retarded or physically handicapped from single family zones if otherwise permitted by a local zoning reg- ulation." Sorensen stated that it is a single family use. It can have under the statute no more than 6 residents. Even if it were rezoned multiple, under the state statute that is beyond the 16 and they are asking for 18. Sandvick recommended that Staff obtain a letter from the City Attorney and clarify Sorensen's legal opinions. Because Sandvick is a licensed Doctor of Psychology in the mental health field, he would not cast a vote. Sandvick has had work relationships with Welcome Home. MOTION: Anderson made a motion to continue Variance Request #84-53 until November 8, 1984. The Board can determine with the City Attorney if we should be addressing the question. Sandvick seconded the motion, adding that the Board respond to all the subdivisions and get a rebuttal to Sorensen's statements. Motion carried --3-0-1. (Dickey abstained.) Lynch recommended that we clarify the legal and get input from other bodies within the City. C. Request #84-54, submitted_hy MRTT Joint Venture for property located at 6646 City West Parkway. The request is for a variance from City Code, Chapter 11 2 Section 11.70, Subd. 4, F, to permit a sign 4 feet from the front prnperty line. (Code requires 10 feet setback from any street right-of-way.) Ron Erickson of Korsunsky Krank Erickson Architects, reviewed the proposal of MRTT Joint Venture for the Board. Plans were displayed. The sign is not beneficial to the developer. It is a minor variance. It is an expensive sign of low profile. The sign sits on a pyramid shaped, 2' high brick base and is 2' high (total height 4'). It is located 3'5" from the property line. There is no interference with traffic sight lines. The sign would be difficult to move due to the landscaping and nature of the brick base construction. The sign was put in because of a construction field error. It would be a hardship on the development to move the sign. MOTION: Sandvick made a motion to approve Variance Request #84-54, submitted by MRTT Joint Venture. Anderson seconded the motion. Motion carried unanimously. 20.,) board of Appeals and Adjustments - 2 - November 8, 1984 James E. Coplin, contractor, was concerned about the low elevation. Water coming down the drive may be diverted to the neighbors yard. A retaining wall would have to be built. Sam Larson, 15508 North Eden Drive, remarked that it was not a problem with the neighbors. He is on the uphill side. • There is no obstruction of view from the street. Dickey remarked that it is a 34.4% variance. Mel Terwedo, 15424 North Eden Drive, was unable to attend the meeting. In a letter dated November 6, 1984, he stated that he would like the garage built as originally proposed, on the front of the lot. Dickey called attention to the fact that he had required two things of Pendleton: Discussion with his neighbors and a bid for a retain- ing wall. The neighbors were spoken to and bids were received. Anderson remarked that the other alternative mentioned at the October 8, 1984 meeting was to make a different living area at the back of the house. Pendleton stated that the alternative wasn't examined because they would have had to purchase a new furnace and do extra duct and electricity work. MOTION: Dickey made a motion to approve Variance Request #84-52, submitted by Bertwood Pendleton with the following findings: 1) Neighbors have been spoken to. 2) A plan for improving the aesthetic aspect of the property has been made. 3) This is for the health and welfare of the City of Eden Prairie. Anderson seconded the motion. Motion carried unanimously. Request #84-53, submitted by Welcome Home for property located at 7170 Bryant Lake Drive, (formerly Flying Cloud Drivel. There- guest is for a variance from City Code, Cba_pter 11, Section 11.66, Subd. 2, to .permit a maximum of 18 unrelated adult residents in a "family care home." (Code_permits 6 maximumq This variance request was continued from the October 11, 1984 meeting. A recommendation from the Human Rights and Services Commission was not available at that time. Legal advice was also requested from the Eden Prairie City Attorney, Roger Pauly. (See Exhibit A.) Barbara Lundstrom Willcox, program director/administrator of Welcome Home, spoke to the request. This facility would be one of five lo- cations proposed by Hennepin County for respite care services for mentally ill individuals. Care services would not exceed 60 days. '). Board of Appeals and Adjustments - 3 - November 8, 1984 Clients will be pre-screened by psychiatrists. The Bryant Lake Drive site was chosen because it poses a tranquil, peaceful, home- like atmosphere. It is set apart from other homes in the area with woods surrounding three sides of it. The Eden Prairie area was chosen to address the needs of suburban people. An assessment of each individual's mental illness is determined. The program is designed to help clients find answers by referring to other people and/or helping them to develop skills. Welcome Home is staffed by experienced professionals. The Department of Public Welfare sets guidelines and standards for the staff. Krueger inquired about transportation. Willcox stated that a van will be provided for innediate transportation needs. Shuttle ser- vice to certain areas such as Southdale will be provided where public transportation can be obtained. Dickey pointed out that what we are talking about is a single dwelling to allow 6 people or 18 people in the home. It usually calls for one family in a single family dwelling. All other aesthetic values have nothing to do with this Board. Willcox stated that the home had been used as a multiple family dwelling prior to the ordinance in 1969. Krueger remarked that there are dwellings in Eden Prairie that have been made that way. No permission or rezoning was obtained. Roger Pauly, City attorney, commented that Jean Johnson, zoning Administrator, and Steve Durham, assistant planner, inspected the building. Durham stated that it initially was the City's opinion that through word of mouth and letters submitted, that the structure possibly had 2 units. There was no legal documentation. Upon examining the structure, it was concluded that it is a single family structure. There were no physical barriers indicating different units. There is one sewer hook-up, one water hook-up, one electric meter, and one gas meter. There are three kitchens in the home. No building permit was ever taken out through the City, so the City had no knowledge that there were two units in the facility. It was originally constructed as a single family home in a rural zoned district. Susan Lentz, attorney with the Mental Health and Welfare and Legal Aid Society of Minneapolis, was present. She spoke on behalf of the Mental Health Association of Minnesota and the Mental Health Association of Hennepin County to express support for the concept of Welcome Home in Eden Prairie. Lentz passed around a letter written by George Carr, executive director of the Mental Health Association of Minnesota. (See Exhibit B.) Carr expressed his support for the concept of the facility in Eden Prairie. Lentz pointed out that a facility for a mentally ill individual is lic- ensed by the State Department of Human Services. It is the role of the State Department of Human Services and various health authorities to insure that the program is adequate in funds. Hennepin County has already decided to grant a contract to Welcome Home. In his letter, Carr pointed out that absence of sidewalks Bc,ard of Appcals and Ad:justL,ents - 4 - November 8, 1904 and the presence of the creek are not critical to mentally ill people. Also, numerous studies have shown that there is no de- crease in property values when a facility is located in a neigh- borhood. Copies of these studies are available. Dickey noted that the concerns being discussed are not germane to the request. The discussion is regarding a single family dwelling and the number of people in it. Lenz remarked that they were there to see if a variance can appropriately be granted. Lenz believed that it could. Jack Strothman, attorney for Welcome Home, stated that the issue must be decided with the City Attorney if it is a multi-family or a single family unit. The facts that the City has must be weighed by the City Attorney. Pauly stated that we should not get into the merits of the facility. The concern of the Board is the use of the particular property, the increase of the number of persons and the type of use that would be contemplated, if granted. Strothman stated that the' issue still remains if it is defined as a single family dwelling. Pauly responded that the property is zoned rural. Permitted uses in a rural zoning include a single family detached dwelling and accessory structure without platting,on parcels of five or more acres, but less than ten acres, as of July 6, 1982. This property existed as less than one acre as of July 6, 1982. The report of inspection indicates that there doesn't appear to be any division of apartments or separation of living units in this facility. There are several bedrooms, 3 bathrooms, and 3 kitchens, all intermingled, with no separate entrances. There is one water service, one sewer and electric service. In a rural zone there is a permitted use of single family detached dwellings. A single family dwelling is defined as a building designed for or occupied exclusively by one family. A family is defined as not more than 5 persons living together. The group home part of the Code, says that it is 6 living together and maintaining a common household. This facility appears not to be designed for multiple family. At this point, the record indicates that it is a single family unit. The burden of proof is upon the proponent to show that there is some non-con- forming use that is presently being made of the property which began prior to October 1969, when the restriction on the use of the rural property was first adopted. Apparently, the only proof that the City has of a pre-existing multiple use is a letter written October 25, 1984, by Illah M. Sutton. (See Exhibit C.) The fact remains however, that it is not designed in the sense that it has more than one living unit in it. It would still require the determination on the part of the Board, that the variance either from 6, or if it is duplex, 12 people, would have to be granted to permit the occupancy by 18. The Board of Appeals is authorized to hear requests for variances from the literal provisions of the ordinance where a strict 1 board of Appeals and Adjustments - 5 - November 8, 1964 enforcement would cause undue hardship because of circumstances unique to the individual property. A variance may be granted when it is demonstrated that such action will be in keeping with the spirit and intent of the ordinance. Undue hardship means that the property can not be put to a reasonable use if used under con- ditions allowed by the zoning provisions of the Code, and the plight of the landowner is due to circumstances unique to his property, not created by the landowner. The variance, if granted, will not alter the essential character of the locality. Dickey showed concern with the Board of Appeals power to grant variances. We are looking at the number of people and whether it is a single home or a multiple dwelling. Pauly commented that under the ordinance, there is a multiple situation permitted. Two family units can have 6 persons. Under the group home ordinance, it permits it permits 12 adults. Under a state statute it says that a multiple residential facility can accommodate from 7-16 persons. Under the state statute, that type of use is permitted in a multiple residential type of use. Strothman inquired if thee was a written report of the inspection. Durham replied no, not at this time. Strothman asked who did the inspection. Durham said that the inspection was done by himself and Jean Johnson, zoning administrator. Pauly stated that he had received a memorandum from Durham dated November 5, 1984, regarding the inspection of the dwelling at 7170 Bryant lake Drive. Pauly remarked that a copy of the inspection could be forwarded to Strothman. Strothman stated that he would like a copy of the inspection report. Strothman stated that if they have a multiple family use here we have a guideline that may approach to 16. They still are requesting a variance to 18. The question is the extent of the variance re- quested. Strothman believed it to be a multiple family dwelling. Strothman added his clients have stated that there are separate entrances and there are doors between, that do contain locks. Strothman felt that what we have by the affidavit, and the continued use thereafter, is a multiple family dwelling. The City, along with its inspector and attorney, will have to address that decision. Pauly stated that it is incumbent upon the proponent to prove that it was a prior non-conforming use. It is not incumbent upon the City to supply that information. Strothman remarked that they are prepared to do that. The present owner can be brought in. Pauly asked Strothman if they had an affidavit. Strothman said that they would provide an affidavit and get sworn testimony. Pauly noted that the proponent was advised to get evidence proving what the non-conforming use was. Strothamn said that he didn't realize that the statement of the former owner had to be taken under oath. Strothman said that they are prepared to provide that evidence. They believe that the facts presented, as told by the client, are accurate. Strothman encouraged the City to re- inspect if they felt something was missed. Soard of Appeals and Adjustments - 6 - November 8, 1984 Nelma Mavison, 6613 Canterbury Lane, is with the Association for Retarded Citizens. Her main reason for coming is to make people aware that this can happen to anyone. We should welcome an opportunity to reach out and help these people that need respite care. Jan Check, 6880 Sugar Hill Circle, psychiatric social worker at West Hennepin Community Mental Health Center, endorsed the concept of Welcome Home. Check co-ordinates the after-care program for people who do have recurring psychiatric illness. Currently, there are 8 clients using their services who live in Eden Prairie. The only residential program located in the suburbs is in Bloom- ington. Each community should have its own mental health program. If a client must go to another area of town for respite care, there could be a change in culture. Tom Esser, director of South Hennepin Human Services Council, explained his reason for attending the meeting. The citizens of the South Hennepin area should have the right to receive services close to their homes. In regard to a letter written by Wilkie to the Human ,Rights and Services Commission, it was indicated that the South Hennepin Human Services Council did not approve this project. (See Exhibit D.) The Council does not get into approving or disapproving sites or programs. However, the Council is supportive of the concept of the location of pro- grams of this type. Krueger wondered why the Human Rights and Services Commission denied this request. Willcox responded that they did not want to take a stand because they did not have enough information on the site. Also, they were concerned about the issues of facilities for access of handicapped people in the building. Willcox remarked that they have made application to the Department of Public Welfare, Department of Health and the Fire Marshal. Debbie O'Gara, 7024 Springhill Circle, is business manager of Vail Place. She stated her support for the mental health services offered by Welcome Home. Marge Wherley, co-ordinator for development of residential mental health programs in Hennepin County stated her concerns. This pro- gram is most designed to serve suburban clients. A survey was made of 87 facilities and 62% of the facilities are operating in single family and duplex type buildings; 20% are located in huge dorms or hotels. Only 15-18% are used in apartment buildings. Single family residences and duplexes are ideally suited for this type of client. Dickey asked how Eden Prairie became the choice of the site. Willcox replied that the location met what was wanted in a setting: tranquility and peacefulness. An advantage was the Vo-Tech School nearby. Board of Appeals and Adjustri:ents - 7 - Novep;ber 8, 1984 Kent Molde, 7040 Willow Creek Road, president of Willow Creek Association, urged denial of the variance request. He represent- ed the neighbors immediately abutting the proposed project. (See Exhibit E.) Molde is a physician and is not personally against the concept. If it were a 6 person level of operation he would not have reservations against it, although some of his neighbors might. It is not a transitional neighborhood. Concern was also raised regarding handicapped provisions. The home is of a victor- ian type, with multiple floors, and probably narrow stairways. Don Johnson, 7261 Willow Creek Road, stated that his main concern was the distinction between a duplex and a renter. Johnson lived adjacent to 7170 Bryant Lake Drive for 12 years when the Suttons resided in the house in question. Don Hanson, the present owner, was a renter at that time. The property is less than one acre. Of that portion of the property, about 1 /3 of that is across the creek. Johnson's property abutts the property by 100'. The west side of his property is 10' from the proposed facility. Don Sorensen, 7121 Willow Creek Road, pointed out that the statutes and local ordinances are :definitely stating the basis upon which the ordinances can be granted: They are of a restrictive basis. Sorensen had not heard anything which would justify giving any of the above criteria any action of approval. In a situation of this nature, it is incumbent upon the people who are asking for the variance, that they must provide a burden of proof, to convince you that the situation in regard to the variance is correct. There is an admission that there will be structural modification. The proposal shows that there is a 2 or 3 year lease. If the lease is not renewed, you can have a structure which has been redesigned with finances to push the use up. The Guide Plan provides for a single family area. The fact that it was used as a renter at one time without City approval, without structural modification at that time to change the actual structure, does not permit the interest that the property was a duplex. Sorensen noted that: 1) The burden of proof has not been met. 2) The criteria upon which you can legally grant a variance has not even approached being met by this situation. 3) Given the laws which are there, there is no basis to grant a variance. 4) It is not a change in numbers; it is a change in use which is not authorized. MOTION: Dickey made a motion to deny Variance Request 084-53, submitted by Welcome Home, with the following findings: 1) There is no basis for multiple dwellings here to be improved. 2) There is no burden of proof that has been shown. Discussion: Pauly commented that in our decision we would have to separate out the evidence relating to the method of operation of the facility. 'I J Board of Appeals and Adjustments - 8 - November 8, 1984 The Human Rights and Services Commission noted that the facility is pecularily within the jurisdiction of the Commissioner of Public Welfare. It is not within the City's jurisdiction or responsibility. Decisions should be made on the basis of the expansion of the numbers and any physical changes that have been shown with regard to changes. Anderson seconded the motion, adding that the hardship of not being able to have 6 adults has not been demonstrated. Motion carried unanimously. Pauly inquired if Krueger wished to refer this matter to the Staff for preparation of more detailed findings. Krueger responded yes. Strothman asked if the information would be prepared in advance so that they would have an opportunity to review it. Pauly replied yes. Pauly stated that should an appeal be filed, the City Council would set a date for a hearing. C. Request #84-56, submitted by Gary Hallen for property located at 19115 Pheasant Circle. The request is for a variance from City Code, Chapter 11, Section 11.03, Subdivision 2 B, to_permit an accessory structure 8 feet from the property line. (Code requires 10 feet.) Karen Hallen representing Gary Hallen, reviewed the request with the Board. Neighbors were in support of the existing structure. Dickey inquired if the structure were completed. Hallen replied that some painting remained to be done. Durham stated that the Building Department suggested that a one hour fire wall be installed because of the proximity of the structure to the house. MOTION: Dickey made a motion to approve Variance Request #84-56, submitted by Gary Hallen with the following findings: 1) The percentage of the variance is low. 2) There is verification that the neighbors approve the variance. 3) The structure is going to be painted the same as the house. 4) A one hour fire wall shall be constructed on the wall opposite the door and adjacent to the housing unit. Anderson seconded the motion. Motion carried unanimously. D. Request 04-57submitted by Jack 1„,julbert for_Oropertv located at 6843 Washington Avenue South. The reqpest is for a variance from City Code, Chapter 11, Section 11.03, Subdivision 2 B, to Memo -4 - 4 - October 11, 1984 a) The Variance Request is in excess of 64% from the average • existing setbacks of 37.8+ feet. b) Code requires a 19 feet parking pad for off-street parking. Thirteen feet would not be adequate space to park a car on the property. - c) Alternatives to garage location do exist. . B. Variance Request #84-53, submitted by Welcome Home for property located at 7170 Flying Cloud Drive. The request -ii—for a variance from City Code, Chapter 11, Section 11.66, Subd. 2, to permit a maximum of 18 unrelated adult residents in a aTamily care home." (Code permits 6 maximum.) 1) Background The Welcome Home will provide residential mental health respite care services for up to 18 men and women 18 years of age or older who have a primary diagnosis of mental illness and who are in need of respite care services not to exceed 60 days. Continuance of this item to the November 8, 1984,Board of Appeals meeting is requested. Before the Board of Appeals takes an action on this variance request, review and recommendations from the Human Rights and Services Commission, the City's Social Services Department. and Building Department are requested. The Board has the right to see any physical changes that may be required by State and City Building Codes for the structure. C. Variance Request #84-54, submitted by MRTT Joint Venture for property located at 6446 City West Parkway. The request is for a variance from City Code, Chanter 11, Section 11.70, Subd. 4, F, to permit a sign 4 feet from the front=perty line. (Code requires 10 feet setback from any street right-of-way.) 1) Background Primetech Office Park Phase I Development was given approval by the Planning Commission and City Council early on in 1984. Cond- itions of the approval included an overall signage plan to be submitted to the Planning Department for review. The signage plan submitted indicated one Primetech identification sign 10 feet from the property line. This was in accordance with City Code. A sign permit was issued for the Primetech Park identification sign on June 6, 1984. A 10' setback from the property line was indicated on the permit. According to a letter from Primetech Development Corporation, dated September 12, 1984, and addressed to Korsunsky, Krank, Erickson Architects, Inc., the sign was improperly placed because of the following: J6') 'b1PCiA 12..cv -k21 Memo - 13- November 8, 1984 B. Variance Request #84-53, submitted by 1/4elcome Home for property located at 7170 Bryant Lake Drive, Eden Prairie. The request is for a variance from Cy Code, Chapter 11, Section 11.66, Subdivision 2, to permit a maximum of 18 unrelated adult residents in a 7fami1y care home." (Code permits 6 maximuiT) This item was continued from the October 1-17-198-4 Board of Appeals meeting. 1) Background Welcome Home variance request was before the Board of Appeals and Adjustments on October 11, 1984. The Planning Department recommended continuance of the request until November 8, 1984, so the Human Rights and Services Commission could review the project and make recommend- ations at its October 15, 1984 meeting. The Board also requested information on any structural changes that may be required by State and City building codes. Welcome Home plans to provide residential mental health respite care services for up to 18 men and women 18 years of age and older who have a preliminary diagnosis of mental illness and who are in need of respite care services not to exceed 60 days. The proposed Welcome Home will operate under supervision of Minnesota Department of Public Welfare, Rule 36, Category 11, The Minnesota Department of Health SLF Standards, Hennepin County Purchase of Ser- vice Rules, and Eden Prairie Zoning Use Regulations. Welcome Home has provided the City with a program description docu- ment. 2) Staff Review a) Current Use Welcome Home proposes to lease a building located at 7170 Bryant Lake Drive. The site consists of .93 acres presently zoned Rural. Confirmation that the existing house has two separate residential units has not been sufficiently demonstrated by the proponents at this time. There is no legal evidence that the house was or is used for more than one family. One sanitary sewer line and water line extend to the home with one water meter. When initially connected to sanitary sewer, the SAC charge was for a single family unit. Plans submitted by the proponent indicate no distinction between a single family unit or multi structure unit. Northern States Power indicated one electric meter on their records. b) Proppsed Use City Code permits 6 unrelated adults or children in a "family care home." The "family care home" may be in a single family detached no - 14 - November 8, 1984 dwelling, attached townhouse, rental or owned apartment, or similar unit to those of the immediate neighborhood where it is located. City Code maintains a maximum of six unrelated adults whether in a single family or multiple family zoning. district. Welcome Home is requesting a variance from 6 to 18 persons. At this time a hardship has not been demonstrated by the proponent to increase the number of residents from 6 to 18. In addition to the increased number of residents served by Welcome Home, there are proposed physical alterations to the site. The detached garage will be converted to a meeting facility. Plans submitted do not indicate any heating units or sanitary sewer water hook-up. The plan indicates a car port adjacent and attached to the garage. City Code requires a minimum of one enclosed parking space per dwelling unit. The third floor will be utilized for bedroom space. There is some question as to where the proposed fire escape terminates and how far it is off the ground elevation. Proposed parking needs for the facility have not yet been determined by Welcome Home at this time. Reviewing proposed staffing needs it has been determined that during a weekday evening it is possible to have 6 staff vehicles at one time on the site. The proposed parking area is gravel, in the front yard setback, and can accommodate only four cars at one time. 3) Human Rights and Services Recommendations The Human Rights and Services recommended denial of the Welcome Home proposal on October 15, 1984. The denial was based on the following: a) The transportation for clients was not adequately addressed. b) The absence of sidewalks, convenience stores, and parks within a reasonable walking distance, defeat the "suburban" atmosphere socked by the Welcome Home program. The absence of sidewalks may be a hazard to clients. c) The Commission had no plans for review of the proposed facility. Room sizes, handicapped accessibility and open space areas for residents could not be determined. It is questionable if the facility and site could handle 18 clients. d) In-home recreational activities for unstructured free time were not outlined or addressed in program description. e) The Commission questioned if the proposed site is the most suitable location in Hennepin County for a Welcome tkmue and its program objectives. The Comission also questions the facilities handicapped accessibility. 3 Memo - 15 - November 8, 1984 4) Recommendation Should the Board choose to grant the variance request the following requirements shall apply: a) Prior to issuance of an occupancy permit the following conditions must be achieved: 1) Certified written proof of State, Federal, or other govern- mental licensing agency approval. 2) That any building modifications to existing structure or the design of a new structure will be compatible with surrounding units in size and usual character. 3) Welcome Home must resubmit to the Human Rights and Services Commission for approval of the proposed program. 4) Detailed building plans must be submitted to the State and City Building Departments for review and approval. Should the Board choose to deny the variance request the following reasons will apply: a) The Human Rights and Services Commission recommended denial of the proposed Welcome Home program based on the following reasons: 1) The transportation for clients was not adequately addressed. 2) The absence of sidewalks, convenience stores, and parks within a reasonable walking distance, defeat the "sub- urban" atmosphere seeked by the Welcome Home program. The absence of sidewalks may be a hazard to clients. 3) The Commission had no plans for review of the proposed facility. Room size3, handicapped accessibility and open space areas for residents could not be determined. It is questionable if. the facility and site could handle 18 clients. 4) In-home recreational activities for unstructured free time were not outlined or addressed in program description. 5) The Commission questioned if the proposed site is the most suitable location in Hennepin County for a Welcome Home and its program objectives. The Commission also questions the facilities handicapped accessibility. Memo - 16 - November 8. 1984 b) The variance request is a 200% increase from the City Code which only allows 6 unrelated adults or children in a family care facility. c) Specific information related to proposed staff parking, visitor parking, new enclosed garage, and location of third floor fire escape is not adequate. d) No undue hardship has been demonstrated to allow an increase from the six allowed residents. e) The granting of such a variance is not in keeping with the spirit and intent of the Code. An increase to 18 residents would not be in character with the single family neighborhood. S A M : ) I N RESOLUTION NO. gs-34 RESOLUTION AUTHOKIIN ,.: II ION IN THE CONTROL DATA BUSINES AW::;Ow;, INC. JOINT COMPARABLE WIJET:i WHEREAS: Minnesota Statutes 471.991 enacted in 1984 reAuires all political subdivisions in the State to entahlish equitable compensation relationships among its employees; and WHEREAS: The Metropolitan Area Management A:;eociation, the Coalition of Outstate Cities, the Minnesota Monicipal Utilities Association and other related puolic jurisdictions desire to meet the requirements of the law through a joint job evaluation study; and WHEREAS: The Metropolitan Area Management Association in consultation with representatives of outstate cities and after meeting and confering with representatives of organized labor -screened and selected Control Data Business Advisors, Inc. as the consultant to perform the study; and WHEREAS: The cost of the study is to b divided among the participating jurisdictions in the following manner: Each entity will pay a base charge of Three Thousand Dollars ($3,000.00) and a charge per employee of Thirty-five Dollars ($35.00) per person. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of that it hereby approves participation of the City In -iTe—joirTE -Comparable Worth Study to be conducted by Control Data Business Advisors, Inc. BE IT FURTHER RESOLVED that the sum of ...._“_53/0.co based on the above specified formula be transmitted tci - the City of Golden Valley, Minnesota which city has offered to serve as the fiscal agent and contractor for the duration of the study. Dated this day of 1985. Mayor ‘:ITIE5 PARTICIPATING TN JOINT COMPARABLE WORTH STUDY Lea A1 ,2xandria ;olaka ApplQ Valh?y Bemidji Ben:wm Blaino Bloomln9Lon krairwrd Brci:enridge Br.)oklyn Center Brooklyn Park Burnsville Champlin Chaska Circle Pines Cloquet Columbia Heights .Coon Rapids Cottage Grove Crookston Crystal Deephaven Delano Eagan East Grand Forks Eden Prairie Edina Elk River Excelsior Farmington Fergus Falls Forest Lake Fridley Golden Valley Hastings Hopkins Inver Grove Heights Lakeville Lino Lakes Litchfield Little Falls Mankato Maple Grove Maplewood Mendota Heights Minnetonka Minnetrista Moorhead Mora Morris Mound Mounds View New Brighton New flop New Ulm North St. Paul Northfield Oakdale Orono Ortonville Plymouth Prior Lake Ramsey Redwood Falls Richfield River Falls Robbinsdale Rochester Roseville Rosemount St. Anthony St. Cloud St. James St. Louis Park St. Paul Park St. Peter Savage Shakopee Shoreview So. St. Paul Stillwater Thief River Falls Wayzata West St. Paul White Bear Lake Winona Woodbury 1/8/85 -lU Cities JNLITIES PARTICIPATING IN JOINT COMPARABLE WORTH STUDY Anokd Brainord Buffalo Chaska Elk River Grand Maraio Hutchinson Marshall Moorhead 1/8/85 = 18 Utilities Mora New Ulm North St. Paul Owatonna Princeton Shakopee Thief River Falls Virginia Wells OTHER ORGANIZATIONS PARTICIPATING IN JOINT COMPARABLE WORTH STUDY Metropolitan Airorts Commission 1/8/85 = 1 Other Organization Metropolitan Area Management Association Conpensat ion Study Process Summary The plan for development and implerentation of a FOCAS (Flexible Occupational Analysis System) job analysis and evaluation system for 25 benchmark jobs defined by the MAMA Committee and for subsequent evaluation of MAMA neither cities' non-benchmark jobs is summarized below. FOCAS is a questionnaire-based job analysis and evaluation system. FOCAS has been developed to provide accurate and comprehensive information about jobs to support effective human resource managenent. The first step in the process is to develop questionnaires to be used to gather information about what employees do. We will use one questionnaire for each occupational group. The MAMA Committee will identify one subject matter expert and an advisory group from each occupational group to work with Business. Advisors. These individuals will provide their job content expertise throughout questionnaire development and job evaluation, and should be very knowledgeable about jobs in their occupational area. Business Advisors, together with a team of MAMA scriber cities' Personnel Directors, will develop preliminary questionnaires based upon existing job descriptions and the Business Advisors data bank of task items. The Personnel Committee will identify and schedule employee workshops to be conducted jointly with Business Advisors, to .modify preliminary questionnaires. Questionnaires will be finalized with the advisory group for that occupational area. Second, the Personnel Committee will schedule and conduct meetings with employees for them to complete the questionnaire for their occupational group. In filling out questionnaires, employees will Indicate for each task that they do or do not perform it and how such time they spend on tasks performed relative to other tasks. Third, Business Advisors will provide data entry from the questionnaires and provide computer-generated position descriptions for each employee who filled out a questionnaire. This is a listing of tasks performed with time spent percentages. The supervisor and employee will review and verify or modify the position description. The Personnel Committee will collect and return all modified position descriptions to Business Advisors. Business Advisors will provide data entry and return revised position descriptions to the Personnel Committee for distribution to supervisors/employees. These will serve as final position descriptions. 3Us: Fourth, Business Advisors will provide average, or benchmark, job descriptions for the 25 benchmark jobs identified by the MAMA committee. The Personnel Committee will identify employees making up the benchmark. Subject matter experts and advisory groups will work with Business Advisors to finalize descriptions. The fifth step in the process, task valuing, begins at the same time as the second. Business Advisors will work with the Personnel Committee, subject natter experts and advisory groups to set up the task valuing process. The Personnel Committee will identify and schedule managers for valuing neetings. Business Advisors will conduct valuing meetings. In valuing tasks, managers will rate all tasks about which they are knowledgeable, according to one factor, complexity, inportance or unfavorability. Business Advisors will review average task values with the subject matter expert and the advisory group to finalize values. Factor weights will be statistically computed by Business Advisors and finalized with the subject matter expert and advisory group. The sixth step is to coMbine results of the completed questionnaires with task values to determine job value. Business Advisors' computer analysis will compute job value by multiplying time spent on tasks times task value and sum the products to produce a point total. Business Advisors will provide job values for the twenty-five benchmark jobs to the MAMA commdttee. Step seven is to collect and analyze wage and benefit data from public and private sector labor markets. The MAMA committee will identify available surveys and work with Business Advisors to define appropriate markets and to determine if a specialized salary survey is desirable. If so, Business Advisors will conduct a specialized salary survey. Final job hierarchies will be constructed based upon job values and market data. The eighth step is to analyze relationships among job values, current pay rates and market data. Business Advisors will provide an analysis and alternative strategies for addressing pay discrepancies. Ninth, Business Advisors will provide individual job evaluation points to the member cities. Finally, Business Advisors will provide a report of methodology and results and meet with the MAMA committee to present the report. kla112141 Bob Lambert, Director of Community Services Charles Pappas, Superintendent of Recreation i January 16, 1985 July 4th Celebration in Eden Prairie 1.10101:ANIAIM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission In an effort to offer the citizens of Eden Prairie additional, now and exciting -programs through the Community Services Department, staff would like to provide the residents of Eden Prairie a "home town" 4th of July celebration in "their own backyard". Staff would suggest a variety of events at Round Lake Park, that would appeal to a varied cross-section of our resident; for the day. :Those events could include: • All star resident softball games • Church, commercial and industrial all star softball games • Neighborhood challenge softball games • Neighborhood challenge volleyball games • Horseshoe pitching tournament • Tennis tournament • Fishing contest • Hot, air balloon rides • Helicopter rides (possibly) • Parachuting demonstration • The Eden Prairie Community Band • Teen dance • Break-dance demonstrations • Skate board demonstrations . Dunk tank • Concessions/Ice Cream Social • Pie eating contest . Fireuolks lie major expense of this celebration will be the fireworks. It is very important that the culminating event of this effort leave an exciting and satisfying feeling for our families. These typos of feelings will ensute the success of this event in years 0 come. Fireworks will be the co:citing culminating event, Staff is requesting that the City guarantee $5,000 seed money for a 4th of July celebration in Edon Prairie under the following conditions: • lhat staff solicit donations from service clubs, groups, organizations and associations. ?, lflirt tie City sell coneessions during the celebration to generate additientl income. 3. Mai iii; rf nit s ip; to nef.otiate additional dollars from entry fees or 01 her vendors. -2- 4. That staff solicit for prizes and any other awards that may be necessary. The above stated conditions are listed in an attempt to offset the $5,000 request and strive for, at least, a break even event. The $5,000 would cover the following expenses: • $600 billboard production costs • $400 teen dance • $4,000 fireworks display Staff feels confident that the residents of Eden Prairie would support this type of family event, and requests the City to guarantee the $5,000 request. CP:md