HomeMy WebLinkAboutCity Council - 01/07/1986 AGENDA
SPECIAL MEETING
EDEN PRAIRIE CITY COUNCIL AND FLYING CLOUD AIRPORT ADVISORY COMMISSION
TUESDAY, JANUARY 7, 1986 6:00 PM SCHOOL ADMINISTRATION BUILDING, BOARO
ROOM
COUNCIL MEMBERS: Gary Peterson, Mayor; Richard Anderson; George
Bentley; Patricia Pidcock; Paul Redpath
CITY STAFF LIAISON: Jean Johnson, Zoning Administrator
COMMISSION MEMBERS: Chairperson Jean Bitter, Clyde Lake, Les Lewis,
Tim Callister, Robert Gartner, Larry Degner, Frank
Shafer
I. ROLL CALL
II. APPROVAL OF AGENDA
GOALS AND OBJECTIVES OF THE COMMISSION
IV. RECENT ACCOMPLISHMENTS
A. Sign Ordinance
V. WORKING RELATIONSHIP BETWEEN COMMISSION ANO THE CITY
VI. FUTURE ISSUES
A. Crash-Fire-Rescue (CFR) BUILOING AT AIRPORT
VII. METROPOLITAN AIRPORT COMMISSION (MAC) WORKING RELATIONSHIP
WITH CITY OF EDEN PRAIRIE
VIII. ADJOURMENT
EDEN PRAIRIE
CITY COUNCIL MEETING
`. TUESDAY, JANUARY 7, 1986 7:30 PM, SCHOOL ADMINISTRATION
BUILDING 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; 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. PRESENTATION BY SUBURBAN HENNEPIN REGIONAL PARK DISTRICT
III. MINUTES
A. Regular City Council Meeting held September s 1985 Page 1
8. Regular City Council Meeting held November 19, 1985 Page 10
IV. CONSENT CALENDAR
A. Order feasibility report for Trunk Sewer and Water Improvements Page 11
in the vicinity of the Red Rock Interceptor (formerly MRS Service)
District), I.C. 52-088 Tesolution No. 86-14)
B. Amendment to the Cable TV Joint Powers Agreement Page 12
C. 2nd Reading of Ordinance No. 42-85, Park Use Ordinance Page 2768
D. Set 6 p.m., February 4s I986, as time and date of joint meeting
with Planning Commission
E. SIGNATURE II OFFICE BUILDING by MRTT Joint Venture. 2nd Reading Page 16
of Ordinance No. 44-85, Zoning Oistrlct Change from Rural to
Office on 4.07 acres; Approval of Developer's Agreement for
Signature II Office Building; and Adoption of Resolution No. 85-
293, Authorizing Summary of Ordinance No. 44-85 and Ordering
Publication of Said Summary. 4.07 acres into one lot for
construction of a 54,00D square foot office building. Location:
West of U.S. #169, East of City West Parkway. (Ordinance No.
�✓ 44-85 - Zoning District Change from Rural to Office; Resolution
No. 85-293, Authorizing Summary and Publication)
City Council Agenda - 2 - Tues.,January 7, 1986
F. Resolution No. 86-02, designating the Official City Newspaper Page 22
G. Resolution No. 86-03, authorizing City Officials to transact Page 23
banking business
H. Resolution No. 86-04, authorizing use of facsimile signatures tx Page 24
Pub— iicials
I. Resolution No. 86-05, designating depositories Page 25
J. Resolution No. 86-06, authorizing the treasurer to invest City of Page 26
Edeie funds
V. PUBLIC HEARINGS
A. FLYING CLOUD OFFICE BUILDING by Oakwood Builders. Request for Page 27 1
Zoning Oistrict Change from Rural to I-2 Park on 2.29 acres for 1
construction of a 10,000 square foot office/warehouse. Location:
South of Pioneer Trail, east of Highway #169. (Ordinance No.
1-86 - Rezoning from Rural to I-2 Park)
B. EOEN LAKE NORTH by Commercial Excavating, Inc. Request for Page 43
Zoning District Change from Rural to R1-13.5 and Preliminary Plat
of 32.5 acres for single family residential. Location: Franlo
Road and Preserve Boulevard. (Ordinance No. 2-66 - Rezoning from
Rural to R1-13.5; Resolution No. 86-11 - Approving Preliminary
Plat)
C. AMOCO OIL COMPANY by Amoco Oil Company. Request for PUD Concept Page 51
Amendment, Zoning District Change from Rural to C-Reg-Sery for
self-serve gasoline station, convenience store, and car wash,
and Preliminary Plat of 6.79 acres into one lot and one outlot.
Location: Anderson Lakes Parkway & Hwy. #169) (Resolution
No. 86-12 - PUD Concept Amendment; Ordinance No. 3-86 - Zoning
District Change from Rural to C-Reg-Serv; and Resolution No.
86-13 - Preliminary Plat)
VI. PAYMENT OF CLAIMS NOS. 24545 - 24635; 24636 - 24877 Page 60
VII. ORDINANCES & RESOLUTIONS
A. Resolution No. 86-07, designating the official meeting dates, time Page 69
and place for the City of Eden Prairie Council members in 1986,
and appointing an Acting Mayor
B. Resolution No. 86-16, Sexual Harassment Policy Page 70
VIII. APPOINTMENTS
A. Association of Metropolitan Municipalities - Appointment
of 1 Representative and 4 Alternates
B. Appointment of Director and Alternate Oirector to the Suburban Page 72
Rate Authority Resolution No. 86-8)
City Council Agenda - 3 - Tues.,January 7, 1986
C. Health Officer - Appointment of 1 Health Officer for the year
1986. Appointment by Mayor with consent of Council.
D. South Hennepin Human Services Council - Appointment of Council
Representative and City Staff Representative
E. WAFTA Board (Western Area Fire Training Association) -Appointment
Fri—Representative to serve a 1-year term commencing 1/1/86
F. Transit System Committee - Appointment of Council representative Page 73
G. Architectural Advisory Committee - Appointment of members to the Page 74
Architectural Advisory Committee
IX. PETITIONS, REQUESTS & COMMUNICATIONS
A. NORMANDALE TENNIS CLUB by Arteka, Inc. Request for Site Plan Page 75
Review for a tennis club. Location: Southeast quadrant of Baker
Road and West 62nd Street. - continued from Oecember 17, 1985.
8. Request la Richard Sentz for City Council to amend City Code for Page 76
a horse stable
C. Adopt Findings and Conclusions relating to the request of Welcome Page 80
Home
X. REPORTS OF ADVISORY COMMISSIONS
XI. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Reports of Council Members
1. Policy on City Enployee members:iipsin Cowuanity Service Page 90
Clubs
9
2. Finalize Document for Review of City Manager
B. Report of City Manager
C. Report of City Attorney
D. Report of Director of Public Works
1. Bid results for Technology Drive Improvements, I.C.. 52-010D
continued from December 17, 1985)
2. Receive feasibility report for Trunk Sewer and Water Page 91
Improvements in the vicinity of the Red Rock Interceptor,
I.C. 52-088, and set public hearing TOF e rbrb uary . 1986
Resolution No. 86-15)
3. Red Rock Interceptor Agreement Page 95
t E. Report of Finance Director
1. Clerk's License List Page 105
XII. NEW BUSINESS
XIII. ADJOURNMENT
AGENDA
SPECIAL MEETING
EDEN PRAIRIE CITY COUNCIL AND FLYING CLOUD AIRPORT ADVISORY COMMISSION
TUESDAY, JANUARY 7, 1986 6:00 PM SCHOOL ADMINISTRATION BUILDING, BOARD
ROOM
COUNCIL MEMBERS: Gary Peterson, Mayor; Richard Anderson; George
Bentley; Patricia Pidcock; Paul Redpath
CITY STAFF LIAISON: Jean Johnson, Zoning Administrator
COMMISSION MEMBERS: Chairperson Jean Bitter, Clyde Lake, Les Lewis,
Tim Callister, Robert Gartner, Larry Degner, Frank
Shafer 1
I. ROLL CALL
II. APPROVAL OF AGENDA
III. GOALS AND OBJECTIVES OF THE COMMISSION
IV. RECENT ACCOMPLISHMENTS
A. Sian Ordinance
V. WORKING RELATIONSHIP BETWEEN COMMISSION AND THE CITY
VI. FUTURE ISSUES
A. Crash-Fire-Rescue (CFR) BUILDING AT AIRPORT
VII. METROPOLITAN AIRPORT COMMISSION (MAC) WORKING RELATIONSHIP
WITH CITY OF EDEN PRAIRIE
VIII. ADJOURMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 3, 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 Attor-
ney Roger Pauly, Finance Director John D.
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: All members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following changes were made to the Agenda: item II. B. Revised
Housing Bond Approval for Baypoint Manor II was continued to the Oct-
ober 2, 1985, meeting of the City Council; item II. J. Hagen Systems was
deleted; item III. B. Request from Midwest Asphalt Corporation
to appeal decision rendered July 11 by the Board of Appeals & Ad-
justments on Variance Request No. 85-24 was tabled; and item VI. B.
Baha'i Resolution was added to the Agenda.
MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and
Other Items of Business as amended and published. Motion carried
unanimously.
II. CONSENT CALENDAR
A. Clerk's License List
B. Revised Housing Bond Approval for Baypoint Manor II (Resolution No.
85-199) - CONTINUED TO OCTOBER 2, 1985, COUNCI MEETING.
C. Cooperative construction agreement with Hennepin County for CSAH
62, Agreement No. PW 32-49-85 (Resolution No. 85-203) - TABLED.
D. Special Assessment Agreement with Harold Schaitberger regarding
sanitary sewer extension in the future
E. Final plat approval for Edenwoods Business Center (formerly The Oaks)
(Resolution No. 85-205)
)
City Council Minutes -2- September 3, 1985
F. Final plat approval for Red Rock Heights 2nd Addition (Resolution No.
85-206)
G. Final plat approval for Technology Park 3rd Addition (Resolution No.
85-207)
H. Resolution No. 85-212, supporting United Way Day
I. EDEN PRAIRIE PUBLIC LIBRARY by Hennepin County Library. 2nd Reading
of Ordinance No. 3-85, Zoning District Amendment within a Public
Zoning District on 2.51 acres; approval of Developer's Agreement for
Hennepin County Library; and adoption of Resolution No. 85-191,
authorizing Summary of Ordinance No. 3-85 and ordering Publication of
said Summary. 10,000 square foot building. Location: southwest
corner of Prairie Center Drive and Preserve Boulevard.
J. HAGEN SYSTEMS by Hagen Systems. 2nd Reading of Ordinance No. 23-85,
Planned Unit Development District Review and Zoning District Change
from Rural to I-2 Park, on 3.02 acres; approval of Developer's
Agreement for Hagen Systems; adoption of Resolution No. 85-190,
authorizing Summary of Ordinance No. 23-B5, and ordering publication
of Said Summary. Location: east of City West Parkway, west of
Highway #169. DELETED FROM AGENDA.
is
K. HAMPTON INN by Eden Prairie Hotel Investors. 2nd Reading of Ordinance
f No. 24-85, Zoning District Change from C-Regional to C-Regional
Service for 2.69 acres, with variances; approval of Developer's
Agreement for Hampton Inn; and adoption of Resolution No. 85-202,
authorizing Summary of Ordinance No. 24-B5 and ordering publication of
Said Summary.
L. TECHNOLOGY PARK - Environmental Assessment Worksheet, Finding of No
Significant Impact (Resolution No. 85-149)
M. PARKWAY APARTMENTS - Environmental Assessment Worksheet, Finding of No
Significant Impact (Resolution No. 85-153)
Regarding item "I": Bentley expressed concern about the door to the trash
area. Lyle Landstrom, representing the Hennepin County Library System,
stated the County would put a door on the trash area if funds were
available to do so. He said this would have to be done via a change order
which would make it more expensive. Landstrom indicated they would make
an effort to upgrade the landscaping in the next few years.
Pidcock stated she would abstain from voting on item "F."
MOTION: Redpath moved, seconded by Bentley, to approve items A, C - I,
and K - M on the Consent Calendar. Motion carried with Pidcock abstaining
on item "F."
ff City Council Minutes -3- September 3, 1985
;i III. PUBLIC HEARINGS
A. FEASIBILITY REPORT FOR TECHNOLOGY DRIVE IMPROVEMENTS FROM WALLACE
ROAD EAST TO CPT I.C. 52-OIOA (Resolution No. 85-160) - continued
from August 20, 1985 Council Meeting.
City Manager Jullie indicated this item was continued from the August
20th Council Meeting. He said at that time Council members had raised
concerns relating to the procedure for right-of-way acquisition and
the sources of funding therefore. He called attention to the August
26, 1985, memorandum from Director of Public Works Dietz which
responded to the concerns raised by the Council and which recommended
the proposed project schedule and financing method. City Attorney
Pauly noted the recommendation should include that the purchase of the
property should be either by the City or by an adjacent property
owner.
Director of Public Works Dietz referred to his memorandum of August
28th which outlined the proposal. He said he would like to be able to
put together this project during the Winter.
Pidcock asked how the property which the City would buy and later put
up for sale would be marketed. Dietz said at one time one of the
property owners tried to purchase that property from the present owner
of the property and the City would approach that prospective buyer
first. Pidcock asked what activity there had been in that area.
Dietz said one lot in that area had recently sold; there appears to be
some interest in the property under discussion. Anderson asked if the
City had done this before. Jullie said the City has conveyed a piece
of excess right-of-way along Flying Cloud Drive; the City had an
appraisal made of the property and the City sold it directly to the
buyer.
Bernie 8ogeskov, Metro Machine and Engineering, said the taxes on that
particular piece of property, which is vacant, are about $10,000 a
year. He said he did not feel the proposal sounded right. It does
not allow them to sell that piece of property.
Jon Otterlie, property owner, said he did not feel it was fair to have
this hanging for a year. The City should decide which way it is going
to go.
Dick Kast, Metro Machine, said in 1962 he appeared before the Council
and stated none of the property owners wanted to sell any of their
property for this road. He noted the taxes on that property went up
30% last year.
Otterlie said he had intended to market his property this year.
1
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City Council Minutes -4- September 3, 1985
Redpath said the City is helping to do what the property owners want
to do in the end and that is to sell the property. Bentley noted that
if the City does not find a buyer for the property, then the road will
not be built.
Otterlie said he cannot market his property because of the pending
road project. He asked why the City cannot purchase the property.
Peterson said it was unlikely the City was going to rescind the
decision made in 1982 to put a road through and what is being proposed
was a viable solution and would help 0tterlie to ultimately sell his
property. Anderson said he would like to see the matter tabled.
Bentley said he felt the proposal before the Council would take care
of what has to be done.
Bogeskov said he would like to meet with Dietz for further
discussions. Bentley asked if an agreement might be worked out even
if this Resolution was adopted. The consensus was it could be.
MOTION: Bentley moved, seconded by Redpath, to close the Public
Hearing and to adopt Resolution No. 85-160, ordering improvements and
preparation of plans and specifications, I.C. 52-010A, Technology
Drive Road Improvements east from Wallace Road subject to the
following: 1) no contract for the street improvement shall be let
until all necessary right-of-way has been acquired; and 2) no right-
of-way shall be purchased by the City until such time as a buyer for
the excess right-of-way has entered into an appropriate purchase
agreement. Motion carried unanimously.
B. Request from Midwest Asphalt Corporation to appeal decision rendered
July 11 by the Board of Appeals & Adjustments on Variance Request No.
85-24 (A Public Meeting) - continued from August 20, 1985, Council
Meeting. TABLED TO A DATE NOT CERTAIN.
C. EDEN PLACE APARTMENTS by Tipton Corporation. Request for Zoning
District Change from Rural to RM-2.5 on 32.8 acres, Preliminary Plat
of 50.64 acres into two lots, two outlots, and road right-of-way, and
Environmental Assessment Worksheet for construction of 496 apartment
units. Location: west of Highway #169, north of Research Road, and
east of Purgatory Creek. (Ordinance No. 30-85 - rezoning from Rural
to RM-2.5; Resolution No. 85-200 - Preliminary Plat)
City Manager Jullie said notice of this Public Hearing had been
published and property owners within the project vicinity had been
notified.
Mike Sjeklocha, president, Tipton Corporation; Steve Young, architect;
Joseph Whitney, partner; Bob Layman, vice president, Tipton
Corporation; and Bill Hamilton, civil engineer; were present.
Sjeklocha addressed the background for the request. Young reviewed
the proposed development.
t
I
City Council Minutes -5- September 3, 1985
4 Planning Director Enger said this request had been reviewed by the
Planning Commission at its meeting on July 8, 1985, at which time the
Commission continued action to its August 12, 1985, meeting.
Substantial changes were recommended by the Commission and these
changes were made between the two meetings. The Commission voted to
recommend approval of the request subject to the recommendations
included in the Staff Report dated August 9, 1985.
Director of Community Services Lambert noted this request had been
reviewed by the Parks, Recreation & Natural Resources Commission at
its meeting on August 19, 1985, at which time the Commission voted to
recommend approval subject to the Planning Staff Report dated August
9, 1985, and the Supplementary Staff Report dated August 13, 1985.
Peterson asked if a couple moved in without children, would they have
to move when they had a child. Sjeklocha said they would have to move
into a building where children were allowed; he noted this policy was
made very clear right from the start and that no one was evicted
because of this.
Anderson questionned what is allowed in a scenic easement area.
Lambert explained the proponent has proposed that the City would
actually own the easement. Anderson asked if the City had any plans
for use of the easement. Lambert said the City would like to acquire
all the property in that creek corridor on the east side -- or to at
least acquire a scenic easement on those properties so it could be I
preserved.
Pidcock asked if there were any laws about renting to adults only.
City Attorney Pauly said there are laws against discriminating.
Sjeklocha said it is within the parameters of the law to have
buildings designated for certain populations. Anderson asked if there
would be units available for the handicapped. Sjeklocha stated there
would be 30 handicapped units; these would be specifically designed
for special individuals.
MOTION: Bentley moved, seconded by Anderson, to close the Public
Hearing and to give 1st Reading to Ordinance No. 30-85. Motion
carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
85-200, approving the preliminary plat of Eden Place Apartments for
Tipton Corporation. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff to
prepare a Developer's Agreement per Commission and Staff recom-
mendations. Motion carried unanimously.
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City Council Minutes -6- September 3, 1985
D. THE PARK AT CITY WEST by Finger Enterprises. Request for Planned Unit
Development Amendment Review, Zoning District change from Rural to RM-
2.5, and preliminary plat of approximately 13.5 acres for an apartment
complex. Location: City West Parkway, east of Shady Oak Road.
(Ordinance No. 31-85 - rezoning from Rural to RM-2.5 and Resolution
No. 85-201 - preliminary plat)
City Manager Jullie said notice of this Public Hearing had been
published and property owners within the project vicinity had been
notified.
Allan Huvard, Finger Enterprises; John Pope and Marshall Levin,
architects; Marvin Finger, Finger Enterprises; Joe Finley, attorney;
Gary Rosengren; Sill Sanders and Rick Craig of Finger Enterprises,
were present. Huvard addressed the proposal.
Planning Director Enger said this request had been reviewed by the
Planning Commission at its meeting on August 12, 1985, at which time
the Commission voted to recommend approval subject to the
recommendations included in the Staff Report dated August 9, 1985.
Director of Community Services Lambert stated the Parks, Recreation &
Natural Resources Commission had reviewed this request at its meeting
on August 16, 1985, at which time it voted to recommend approval
subject to the recommendations included in the Planning Staff Report
and with the addition that a trail system be worked out. The Parks,
Recreation & Natural Resources Commission was concerned about the
trail in this area. Enger noted that issue has been resolved.
Pidcock asked whether or not children would be allowed in the
buildings. Huvard said it is their feeling that Federal and State
laws do not allow them to discriminate. Pidcock asked to what
population these units would be marketed. Huvard stated the rents
would be in the $500 - $1000 per month range with 5% of the units be
designated for the handicapped.
Redpath asked what arrangements had been made with ADI, the developer
of City West, regarding the trail system. Enger said there was an
escrow arrangement in place which guarantees development of the trail.
Redpath said if it is not a part of the PUD, then it should be made a
part of this proposal.
Peterson asked the construction timetable. Huvard said they would be
coming back to the Council for Housing Revenue Bonds. He said they
would be looking to start construction about November 1st.
Anderson said he was pleased with the tree inventory presented by the
developer. He asked what was planned to be done by the developer to
protect the trees which will remain on the site. Huvard said they
will use stakes and snow fencing, they will work with the City
Forester, and they will feed the roots and trim the drip lines to
further protect the trees.
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City Council Minutes -7- September 3, 1985
Pidcock asked what the density per acre would be of this development.
Huvard said the density would be 24 units per acre.
MOTION: Anderson moved, seconded by Bentley, to close the Public
Hearing and to give 1st Reading to Ordinance No. 31-85. Motion
carried unanimously.
MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No.
85-201, approving the preliminary plat of The Park at City West for
Finger Enterprises; to direct Staff to prepare a Developer's Agreement
per Commission and Staff recommendations; and, prior to 2nd Reading,
to get some commitment from the parties involved regarding the trail.
Motion carried unanimously.
IV. PAYMENT OF CLAIMS NOS. 22316 - 22551
MOTION: Anderson moved, seconded by Bentley, to approve the Payment of
Claims Nos. 22316 - 22551. Roll call vote: Anderson, Bentley, Pidcock,
Redpath, and Peterson voted "aye." Motion carried unanimously.
V. ORDINANCES & RESOLUTIONS
There were none.
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Vantage Corporation to set hearing date of September
17, 1985, to appeal decision rendered by the Board of Appeals &
Adjustments on Variance No. 85-28
City Manager Jullie stated Staff has checked with other communities
and Eden Prairie's parking lot dimensions are well within the range of
dimensional requirements of other cities.
MOTION: Bentley moved, seconded by Redpath, to set September 17,
1985, as the date for a hearing before the City Council as requested
by Vantage Corporation to appeal the decision rendered by the Board of
Appeals & Adjustments on Variance No. 85-28. Motion carried
unanimously.
B. BAHA'I RESOLUTION
Peterson called attention to the data which had been submitted by the
local Baha'i Fellowship including a copy of the Resolution which they
wished to have endorsed. Peterson suggested changes which he would
like to see made in the original resolution.
City Council Minutes -8- September 3, 1985
Bentley asked the why the City was being asked to endorse this.
Michael Furst, 8693 Darnel Road, representing the Baha'i Fellowship,
said he was not sure but he felt that some action was better than
none.
MOTION: Redpath moved, seconded by Pidcock, to adopt Resolution No.
85-198, memorializing Congress and the President to continue their
efforts to halt the persecution of the Baha'i minority in Iran.
Motion carried unanimously.
VII. REPORTS OF ADVISORY COMMISSIONS
There were none.
VIII. APPOINTMENTS
There were none.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Peterson - expressed concern regarding the number of late meetings
which the Counr.ii has had and suggested thought be given to limiting
the number of public hearings on the agenda, limiting the discussion
on each item, starting the meetings at 6:30 p.m., and/or having a
third meeting each month which would be dedicated to Staff reports and
background reports which would allow the Council to discuss proposals
in greater detail. Redpath stated that "good decisions are not made
after midnight." He suggested there might be a limit of three public
hearings on each agenda. Bentley asked what would happen should eight
public hearings come up; he noted that Commissions have tried limiting
the number and it does not work. Anderson said Fall seemed to be the
busiest time of the year each year; he said he was not opposed to
extra meetings but he did not like meetings which lasted past
midnight. Bentley said perhaps the fourth Tuesday could be reserved
for workshop sessions; the second Tuesday would then be availabie for
special meetings or it could be used as a carryover meeting. Enger
noted some of the pitfalls of limiting the discussion time at meetings
including the possibility of continuing a number of items which would
then create a backup on the next agenda. Staff was asked to work with
the Mayor on this and to come back to the Council with a specific
proposal.
Pidcock - asked if was possible to get the Council packet earlier than
Friday preceeding the Council meeting. City Manager Juilie said it is
difficult to get them out any earlier because the materials included •
are from so many different sources.
7
City Council Minutes -9- September 3, 1985
Anderson - said he would like to see "Mayor's Report" as an item on the
Agenda so the Council would be made aware of what activities he has
been involved in as well as communications which have been received
•
which might be of general interest to Council members.
B. Report of City Manager
City Manager Jullie said he has been working on the City Budget and
hoped to have a draft to the Council on Friday; this will be reviewed
by the Council at its Special Meeting on September 10th.
C. Report of City Attorney
City Attorney Pauly noted that there was a meeting of the Resources
and Environmental Committee of the Metropolitan Council on August 21, !.
1985, at which time the Committee requested a supplemental
Environmental Impact Statement.
D. Report of Director of Community Services
1. Request for approval to authorize Twin City Testing to proceed
with additional testing of Community Center
Director of Community Services Lambert addressed his memorandum of
August 23, 1985, in which this matter was discussed.
MOTION: Redpath moved, seconded by Bentley, to authorize Twin
City Testing to proceed with the tests as proposed in their August
15, 1985, letter with the total cost of the work not to exceed
$6900. Motion carried unanimously.
X. NEW BUSINESS
Redpath suggested a closed session be held to discuss personnel matters.
City Attorney Pauly explained the Council is not permitted to do that;
personnel matters, unless they are in litigation, are open to the public.
XI. ADJOURNMENT
•
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at
10:38 p.m. Motion carried unanimously.
1
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 19, 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 Attor-
ney Roger Pauly, Finance Director John D.
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: All members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: IX. A. 1. Pidcock -
Discussion on policy of membership in associations; 2. City Manager's
Review Document; X. A. Review of Board of Appeals action of November
14, 1985 regarding McGlynn's Bakery; X. B. Leaf Recycling within the City;
X. C. City Directory with Staff and Commission Member's phone numbers; and
X. D. Approved Minutes of the Parks, Recreation & Natural Resources Com-
mission for October 21, 1985.
MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and
Other Items of Business as amended and published. Motion carried
unanimously.
II. MINUTES
A. Special City Council/Planning Commission Minutes from Meeting held
Tuesday, December 11, 1984
MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of
the Special City Council/Planning Commission Meeting held Tuesday,
December 11, 1984, as published. Motion carried with Peterson and
Pidcock abstaining.
B. Special City Council Meeting held Tuesday, August 13, 19B5
MOTION: Anderson moved, seconded by Bentley, to approve the Minutes
of the Special City Council Meeting held Tuesday, August 13, 1985, as
published. Motion carried unanimously.
1
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City Council Minutes -2- November 19, 1985
III. CONSENT CALENDAR
A. Clerk's License List
B. Approval of Lease Agreement between the City of Eden Prairie and
Independent School District No. 272 for the School Administration
Boardroom
C. Modification of Kirsch Municipal Industrial Development Bond Document
D. Change Order No. 1, Tanager Creek Improvements, I.C. 52-060
E. Change Order No. 1, Preserve Boulevard Improvements, I.C. 52-071
F. Cooperative agreement with Minnetonka, Mn/DOT and Hennepin County to
construct and maintain signals at the ramp terminals of I-494 at CSAH 1.
62 (Crosstown) (Resolution No. 85-259)
G. Final Plat approval for Coachman's Landing Third Addition. Location:
north of Village Woods Drive, west of Hiawatha (Resolution No. 85-
260)
H. Final Plat approval for Datasery Business Center. Location:
southeast corner of 78th Street and Prairie Center Drive West.
(Resolution No. 85-261)
I. Final Plat Approval for Primeland 3rd Addition. Location: in City
West Development, Hagen Systems. (Resolution No. 85-262)
J. 1st Reading of Ordinance No. 3B-85, Revisions on the Unclaimed
Property Ordinance.
K. Revisions to the Park Use Ordinance
L. 19B6 Softball Field Improvements
M. Approve plans and specifications for Technology Drive between
Purgatory Creek and Prairie Center Drive and authorize bids to be
received, I.C. 52-010D (Resolution No. 85-264)
MOTION: Anderson moved, seconded by Bentley, to approve items A - M on
the Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. ALLSTATE DISTRICT CLAIMS OFFICE by Opus Corporation. Request for
Zoning District Change from Rural to Office, and Preliminary Plat of
2.62 acres for the construction of an insurance claims office.
Location: Highway 5 and Prairie Center Drive. (Ordinance No. 39-85 -
zoning from Rural to Office and Resolution No. 85-256 - preliminary
plat)
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City Council Minutes -3- November 19, 1985
City Manager Jullie stated notice of this Public Hearing had been
published and property owners in the property vicinity had been
notified.
Bob Worthington, Executive Director of Governmental Affairs for Opus
Corporation, addressed the request. Worthington also asked the
Council if Opus could have an early grading permit; he noted this
would be at their own risk since it would be prior to 2nd Reading,
should 1st reading be given.
Planning Director Enger stated this request had been reviewed by the
Planning Commission at its meeting on October 28, 1985, at which time
the Commission voted to recommend approval subject to the
recommendations included in the Staff Report of October 25, 1985, and
the plans dated October 25, 1985. Enger said that a variance has been
requested regarding the parking; this issue needs to be resolved prior
to 2nd Reading. Enger indicated Staff has suggested a separated
parking area and would recommend a 5' median as the solution.
There was no review of this request by the Parks, Recreation & Natural
Resources Commission.
Redpath asked if the bank to the west of the property would pose a
problem. Enger said it would not. Worthington said there would not
r be a need for retaining walls either.
!. Peterson asked if there would be a pedestrian walkway on the Prairie
Center Drive side of the proposal. Worthington stated they planned to
install a sidewalk in front of the building.
Bentley asked what the property owner, Walter Carpenter, had in mind
for the outlot. Carpenter said he did not have any specific proposal
in mind at this time; but he said he would like to see a night club or
a good restaurant in that location.
Bentley questionned how the parking issue might be resolved.
Worthington explained how the matter was complicated because of the
driveway to the south. Enger reviewed the various parking plans which
had been looked at in connection with this request and possible
solutions to the problem.
Pidcock asked if any junk cars would be stored on the property.
Worthington explained the procedure used by Allstate in processing
claims and noted this facility would be used by those cars which are
able to be driven in to this location so that an estimate could be
made; they would not be left here.
Carpenter said he strongly supported Opus's plans,
MOTION: Anderson moved, seconded by Pidcock, to close the Public
Hearing. Motion carried unanimously.
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City Council Minutes -4- November 19, 1985
MOTION: Anderson moved, seconded by Pidcock, to give 1st Reading to
Ordinance No. 39-85, rezoning. Motion carried unanimously.
MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No.
85-256, approving the preliminary plat of Allstate District Claims
Office for Opus Corporation. Motion carried unanimously.
MOTION: Anderson moved, seconded by Pidcock, to direct Staff to
prepare a Developer's Agreement per Commission and Staff recom-
mendations and to direct Staff to work with the proponent on the
resolution of the parking issue. Motion carried unanimously.
MOTION: Pidcock moved, seconded by Anderson, to grant the proponent
an early grading permit with the knowledge that was being done at the
risk of the proponent. Motion carried unanimously.
B. PARKWAY OFFICE/SERVICE CENTER by The Brauer Group, Inc. Request for a
Comprehensive Guide Plan Amendment from Medium Density Residential to
Neighborhood Commercial on 3.67 acres, rezoning from Rural to
Community Commercial on 2.75 acres, rezoning from Rural to Office on
0.92 acres, and preliminary plat of 3.67 acres into two lots.
Location: northeast corner of Anderson Lakes Parkway and U.S. Highway
No. 169/212. (Resolution No. 85-257 - Comprehensive guide Plan
Amendment, Ordinance No. 40-85 - rezoning from Rural to Community
Commerical and to Office and Resolution No. 85-258 - preliminary plat)
City Manager Jullie stated notice of this Public Hearing had been
published and property owners within the project vicinity had been
notified.
Don Brauer, President of Brauer and Associates, represented the owners
of the building and addressed the proposal.
Planning Director Enger said this request had been reviewed by the
Planning Commission at its meeting on October 28, 1985, at which time
the Commission voted to recommend approval subject to the
recommendations included in the Staff Report dated October 25, 1985.
Director of Community Services Lambert noted this had been reviewed by
the Parks, Recreation & Natural Resources Commission at its meeting on
November 4, 1985, at which time it voted to recommend approval subject
to the recommendations included in the October 25, 1985, Planning
Staff Report.
Bentley asked if this had been reviewed by the Public Safety
Department; he expressed concern regarding the single entrance and the
fact that there were gas pumps on the site. Brauer said safety
factors were the reason for locating the gas pumps in the southwest
corner of the property. Bentley asked how the location of the gas
pumps affected the aesthetics of the proposal as well as the setback
requirements. Enger said did not know how this would look; the
City Council Minutes -5- November 19, 1985
setback requirements were met. Brauer stated there are many locations
( in the metropolitan area where there is only one entrance/egress.
Peterson noted the present MultiMedia building has a large area which
is all wood; he wondered if the new structure would be built in a
similar fashion. Brauer stated the new building would be of brick and
glass with the end sections having some wood.
Redpath questionned the interior circulation. Brauer explained the
circulation pattern and said it would work best due to the location of
the gas pumps; he also explained how this might be changed should the
location of the gas pumps be changed. Enger asked about the location
of the gas tankers while servicing the facility. Brauer said they
will be on the south side and stated they service the facility at off-
peak hours. Bentley asked if the gas pumps were critical to this
project. Brauer said he did not know for sure whether or not this was
a critical point; they did not have a specific operator in mind for
this at this time. Bentley expressed concern over the safety factors;
he stated he would feel much more comfortable with the project if
there were no gas pumps there. Pidcock asked how often a tanker truck
would have to service the facility. Brauer said about twice a week
and this would depend on volume of sales.
Redpath asked if this could be dealt with in two parts. City Attorney
Pauly suggested the Public Hearing be continued should the matter be
separated. Bentley asked if the Council could divide the rezoning
into two parts. Pauly said that could be done and action could be
( taken on only that portion which is designated to be office.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
85-257, amending the Comprehensive Municipal Plan. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to
Ordinance No. 40-85, rezoning from Rural to Office for 0.92 acres.
Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
85-258, approving the preliminary plat of Parkway Office/Service
Center for The Brauer Group, Inc. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to continue the Public
Hearing on consideration of the rezoning from Rural to Community
Commercial on 2.75 acres to December 3, 1985. Motion carried
unanimously.
8rauer stated he would like the Council's permission to begin grading
on the site.
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City Council Minutes -6- November 19, 1985
MOTION: Anderson moved, seconded by Pidcock, to grant a grading
permit for the 0.92 acres prior to 2nd Reading of the Ordinance with
the knowledge of the proponent that this is done at the proponent's
risk. Motion carried unanimously.
C. EASEMENT VACATION BRYANT LAKE OFFICE TECH CENTER (Resolution No. 85-
263)
City Manager Jullie said notice of this Public Hearing had been
published.
Director of Public Works Dietz stated this was a housekeeping item.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Anderson, to close the Public
Hearing and to adopt Resolution No. 85-263, vacating of drainage and
utility easements on Outlot A, 8ryant Lake Office Tech Center. Motion
carried unanimously.
D. STREET NAME CHANGE - CONSIDER RENAMING WEST 66TH STREET TO TANAGER
LANE (EAST OF MANCHESTER LANE) - Ordinance No. 41-85
City Manager Jullie said notice of this Public Hearing had been
published and sent to six residents in the vicinity who would be
affected as well as to utility companies.
Director of Public Works Dietz addressed the reason for the change.
Anderson noted that the issue of continuity of street numbers had not
been raised as an issue.
Lewis Kinne, 6617 Manchester Lane, stated he lives on the corner of
West 66th Street and Manchester Lane. He said that people who are
"lost" have been able to orient themselves when told they are on 66th
Street.
Redpath noted there are many situations in the metropolitan area where
street names are mixed (there are both named and numbered streets.)
MOTION: Redpath moved, seconded by Anderson, to give 1st Reading to
Ordinance No. 41-85, renaming West 66th Street east of Manchester Lane
to Tanager Lane. Motion carried unanimously.
E. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $4,235,000 FOR
PRESERVE PLACE (Resolution No. 85-265)
City Manager Jullie stated notice of this Public Hearing had been
published and noted Finance Director Frane's memorandum of November
14, 1985 in which this issue was addressed.
City Council Minutes -7- November 19, 1985
{ There were no comments from the audience.
MOTION: Bentley moved, seconded by Redpath, to close the Public
Hearing and to adopt Resolution No. 85-265 as revised, giving
preliminary approval to a multifamily housing development revenue bond
project under Minnesota Statutes, Chapter 462C. Motion carried
unanimously.
F. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $7,865,000 FOR EDEN
POINTE (Resolution No. 85-266)
City Manager Jullie said notice of this Public Hearing had been
published and noted Finance Director Frane's memorandum of November
14, 1985, in which this matter was addressed.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Redpath, to close the Public
Hearing and to adopt Resolution No. 85-266, relating to the issuance
of revenue bonds or notes pursuant to Minnesota Statutes, Chapter
462C, for the purpose of financing a multifamily housing development;
adopting a multifamily housing program; and authorizing submission of
the housing program to the Minnesota Housing Finance Agency for
review and approval. Motion carried unanimously.
G. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $64,000,000 FOR CSM
(Resolution No. 85-267)
City.Manager Jullie indicated notice of this Public Hearing had been
published. Jullie noted the proponent is seeking housing revenue
bonds for a property which has not been zoned for this type of
development. He said the Council, if it should choose to adopt this
resolution, should modify the Resolution to be effective only after
the City Attorney has approved a written understanding that the
proponent or other interested parties will not take action against the
City if it does not grant the necessary zoning approvals.
Finance Director Frane explained the situation the City is being put
in is similar to what happened last year -- everyone is attempting to
get financing in place before the end of the year when the tax laws
are scheduled to change.
Planning Director Enger said the Planning Staff has met with the
proponent; the density of this proposal is 40 units per acre with the
buildings being 3 - 10 stories in height. He said the Planning Staff
is not sure that 800 units are proper for this site. Enger noted that
the City is giving some incentive to the developer by passing the
inducement resolution. Gary Holmes, President, CSM Corporation, said
they do not view passage of the resolution as an inducement.
City Council Minutes -8- November 19, 1985
Anderson asked if there would be any legal entanglements if this were
adopted. City Attorney Pauly said it would be with the condition that
ultimate approval would be based on obtaining proper zoning. He asked
if the proponent was willing to accept those conditions. Steven
Schumeister, attorney for the developer, stated he had spoken with
Rick Rosow of the City Attorney's Office, and they realize they must
be in proper compliance with City procedures. Frane asked if the
proponent understood he was at risk and that the City might not grant
the zoning necessary for the request. Schumeister said that was
correct.
Bentley asked what kind of obligation was being placed on the City by
commiting to a certain dollar amount. Frane explained it becomes a
question of mechanics. Tom Maple, Miller & Schroeder, said there was
one significant change which becomes effective on January 1, 1986.
That involves the 20% set aside and involves the family income by
number. Maple said there are further modifications under consider-
ation by various committees in Washington, D.C. at this time which
will have further affects on the housing revenue bond programs. These
could severely limit what has gone on during the past several years.
Maple explained that the Minnesota Housing Finance Agency must have 30
days to review applications such as this; that is one of the reasons
for the "rush". The review must be completed prior to final
resolutions being adopted by the cities.
Redpath asked what would happen if not all of the S64,000,000 in
revenue bonds was not needed. Maple said they would go to market and
sell the securities subject to the credit enhancement required by the
City of Eden Prairie; only that amount would be sold and the remainder
would be redeemed. Bentley said he had a different understanding as
to what was going to happen. He thought the preliminary inducement
would only set aside an option for a potential future bond issue in
the event that proper zoning, etc. was received. John Larson, bond
counsel with Holmes and Graven, explained the ramifications of what is
proposed. He noted the bonds would be sold before the end of the
year; the bond proceeds would be escrowed subject to completion of all
of the City reviews necessary to begin the project. Pidcock asked who
would purchase the bonds. Larson said they would be sold to an
institution which would then hold them as a short-term investment. He
explained the bonds would be subject to a call if the project does not
go forward.
Bentley said he felt the purpose of these bonds was to help finance
projects which had validity. He said he did not think these bonds
should be used for speculative cash investment and he did not feel it
was the intent of the law that they be used in this manner. Larson
said that concern was shared by bond counsel. Larson said that there
must be a reasonable expectation that the project will be built and
that had been determined to be so by bond counsel. Frane explained a
f I
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City Council Minutes -9- November 19, 1985
similar type situation had occurred before with another project. The i
proponents in that case were told they would have to go to the Federal
Reserve and purchase "slugs" which is a type of security which pays
the same interest rate as the bonds so there is no arbitrage. Paul
Ekholm, Miller & Schroeder, said the costs (such as architects
contracts, engineering contracts, planning reviews, bond commissions
etc.) of the project can be "charged" to the bonds and may or may not
come out of the arbitrage earnings; it depends on how long the bonds
are in escrow. Bentley said he had concerns about the process used;
he noted he has always had a problem with bonds which are based on
actions not yet taken. 8entley also expressed concern that this
supports an inducement to build 400 units; he said he felt the Council
had to take into account what had been said by Staff. Pidcock
concurred. Redpath said he would feel more comfortable had the
proponent come in with a proposal to build 250 units. Redpath said he
could understand the problem with not knowing what action was going to
be taken by Congress.
Peterson said he could support this with the understanding that the
City is not obligated to look at 800 units and with the condition that
there be no arbitrage. He noted that the City stands to loose nothing
and the proponent is taking a big risk.
MOTION: Redpath moved, seconded by Anderson, to close the Public
Hearing and to adopt Resolution No. 85-267, relating to the issuance
of Revenue 8onds pursuant to Minnesota Statutes, Chapter 462C, for the ;
purpose of financing a multifamily housing development; adopting a
multifamily housing program; and authorizing submission of the housing
program to the Minnesota Housing Finance Agency for review and
approval; with the understanding this resolution would only be
effective after review by the City Attorney and with the inclusion of
the necessary riders and conditions as outlined by the Council this
evening. Motion carried with 8entley and Pidcock voting "no."
H. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $10,080,000 FOR
H.D. INVESTMENTS (Resolution No. 85-268)
City Manager Jullie said notice of this Public Hearing had been
published. Jullie noted this property is zoned properly for this type
of development.
David Carland, Vice President of H.D. Investments, stated they have a
purchase order for this property.
Planning Director Enger said this property has been zoned for about 15
years, and according to the City Attorney, conditions of approval can
be placed upon the proposal.
MOTION: Redpath moved, seconded by Anderson, to close the Public
Hearing and to adopt Resolution No. 85-26B, relating to the issuance
of Revenue 8onds pursuant to Minnesota Statutes, Chapter 462C, for the
City Council Minutes -10- November 19, 1985
purpose of financing a multifamily housing development; adopting a
multifamily housing program; and authorizing submission of the housing
program to the Minnesota Housing Finance Agency for review and
approval; and with the provision that there be renewed site review by
the Planning Commission in the form of a site plan review.
City Attorney Pauly asked the proponents if they were agreeable to the
site plan review provision of the motion. Carland said they would
agree to that. Pauly pointed out that there are not provisions in the
City Code which would require this, but the City would like to be
assurred that this proposal would go through the process. Carland
said they were agreeable to that.
Bentley said he had similar concerns with this proposal as he did with
item "G" on the Agenda and he intended to vote "no" on this.
VOTE ON THE MOTION: Motion carried with Bentley voting "no."
I. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $10,000,000 FOR
CHIMO (CARDINAL CREEK) (Resolution No. 85-269)
City Manager Jullie said notice of this Public Hearing had been
published and that the property currently has PUD Concept approval but
not zoning approval.
Craig Kallenberger, Chimo Development, addressed the proposal.
Bentley noted the Council had had a considerable amount of review on
this proposal. He questionned the equity position of the applicant.
Finance Director Frane said he was comfortable with it.
MOTION: Anderson moved, seconded by Redpath, to close the Public
Hearing and to adopt Resolution No. 85-269, relating to the issuance
of Revenue Bonds pursuant to Minnesota Statutes, Chapter 462C, for the
purpose of financing a multifamily housing development; adopting a
multifamily housing program; and authorizing submission of the housing
program to the Minnesota Housing Finance Agency for review and
approval; and with the condition that approval of this Resolution does
not imply any consent or approvals whatsoever with respect to any
subsequent rezoning or development activities related to this project.
Motion carried unanimously.
V. PAYMENT OF CLAIMS NDS. 23719 - 24016
MOTION: Redpath moved, seconded by Anderson, to approve the Payment of
Claims Nos. 23719 - 24016. Roll call vote: Anderson, Bentley, Pidock,
Redpath, and Peterson voted "aye." Motion carried unanimously.
VI. ORDINANCES & RESOLUTIONS
There were none.
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City Council Minutes -11- November 19, 1985
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. LION'S TAP - Review of excessive fill (beyond permit approval), from
Lion's Tap grading operation deposited on Sever Peterson's land.
Location: northeast corner of U.S. No. 169 and County Road 4.
City Manager Jullie indicated Staff would review the history of this
situation and then the developers would be given time to state their
case.
Zoning Administrator Jean Johnson reviewed what had taken place
regarding the permit which had been issued by the City. Johnson gave
a slide presentation which showed the encroachment. Johnson stated
the Planning Commission had reviewed the fill request at its meetings
on August 26, September 9, October 7, and October 28, 1985. At the
October 28 meeting the Commisison recommended that the Council approve
the request for fill subject to the recommendations of the Minnesota
Department of Natural Resources, the conditions of a proposed landhold
agreement, and the condition that fencing or some other barrier be
located at the right-of-way line of the property along County Road 4
so to prevent parking on the fill area by patrons of the restaurant to
the west. It was also noted that the Parks, Recreation & Natural
Resources Commission had reviewed this item at its meetings on
September 16 and November 4, 1985. The Commission voted to recommend
approval of the fill request with the condition that the fence be
r installed to eliminate safety hazards and parking on the site.
Bentley asked Sever Peterson, proponent, if he agreed with the
recommendations of the Planning Commission. Peterson said he would
agree to the fence and would like to keep the Rural zoning.
Mayor Peterson asked how the filling in of this area would affect the
realignment of County Road 4. Director of Public Works Dietz said the
County has decided it would not be of general benefit to realign that
intersection; the County does not see any purpose in it if it has to
pick up the cost of the project.
Bentley asked if there was an agreement between City Staff and the
proponent as to what should be done. Planning Director Enger said the
Planning Commission is requesting more restrictions on the property
than the Code allows in a Rural zoning district. The Planning
Commission suggested that these restrictions be put in place.
Director of Community Services Lambert stated the Parks, Recreation &
Natural Resources Commission had reviewed this and decided the fill
should remain with the only restriction being that a fence be
constructed. Sever Peterson said he would like to have the area zoned
Rural. He said he did not want to park there but wanted to retain the
ability to park something there on a short-term basis; he would like
to turn this into pasture. He stated that most of the restrictions
are covered in the zoning ordinance.
City Council Minutes -12- November 19, 1985
t Anderson asked what City ordinances had been violated by this fill.
Johnson said the Shoreland Code, Land Alteration Code, and the
Floodplain Code. Anderson asked if any tags had been issued.
Johnson said no tags had been issued, but the landowner had been
notified of the violations. Anderson said the Council should take a
good look at what has happened in this area: the bluffs were
disturbed and the floodplain has been filled. He said he would not
have voted to approve the expansion of the Lion's Tap had he known
this was going to be the result. Anderson said he was very concerned
by this and the fact that no tags had been issued. He expressed great
concern about the fact that this had been allowed to happen as the
result of an expansion which had to be approved by the City. Mayor
Peterson said he concurred the process had been transgressed; but the
City has no punitive or legal recourse. City Attorney Pauly said the
City has the option of citing the proponent for a misdemeanor of the
Code; a court injunction; or the process which is before the Council
presently. Anderson said he felt this was a blatant disregard for the
City's Ordinances. Bert Noterman, owner of the Lion's Tap, said he
took offense with Anderson's statements. Noterman said he felt the
bluff is twice as nice now as it was prior to the expansion. Noterman
said his engineer had gone before the Watershed District and did not
realize he should have come before the City to have the plans revised
regarding the fill.
Pidcock asked when Peterson was aware of the fact that the property
had been filled beyond what it should have been. Johnson said the
fill was put in place in December of 1984 and had been in place for
two or three days when the City became aware of the situation;
authorization from the Watershed District came "after the fact".
Sever Peterson said he acknowledges the fact that he did not come
before the City to request its approval; he said he has been told by
the Watershed District that, with or without its approval, he was not
in violation of any of their restrictions.
Bentley said he felt there were two issues before the Council: 1)
leave the fill or remove the fill; the Planning Commission's
recommendation does not mention anything about the zoning; and 2) the
question of whether or not citations were issued or should be issued;
these questions must be raised with Staff. Anderson suggested perhaps
the proponent should be given two or three years to remove the dirt;
he would like to see the dirt removed, but had no problem with when.
Mayor Peterson asked if Sever Peterson had requested a year and a half
ago to fill this area and had demonstrated it would make good pasture,
would the Council have been forced to agree if the Watershed District
had stated there would be no adverse impact an the area. City
Attorney Pauly said that is the issue which the Council has to decide
now. Pauly said that if the applicant complies with the various
standards which were shown in the Code and if no harm is demonstrated
regarding the Code provisions then there is no reasonable means to
City Council Minutes -13- November 19, 1985
deny the permit. Pauly said the Shoreland, Floodplain, and Land
Alteration portions of the Code are designed to protect against
migration of soils, erosion, aesthetics, etc. The City would have to
demonstrate that one or more of those conditions existed and was not
mitigated by the proponent. Pauly stated the violation which occurred
was really filling without the necessary permit. Bentley asked if the
City could have justifiably withheld the permit. Pauly said it would
have been hard to do.
Pidcock asked if Sever Peterson's position could be upheld in court.
Pauly said in order to not grant a permit the City must show some harm
and that must consist of the fill encroaching on the floodplain,
siltation, erosion, etc. Pauly said the other agencies had already
looked at those issues and did not feel it was a significant
encroachment. The City would have to prove to those other agencies
that their approvals were incorrect.
Mayor Peterson said he could not find a good reason to request Sever
Peterson to remove the fill.
MOTION: Redpath moved, seconded by Pidcock, moved to allow the fill
to remain on the site with a land agreement to be executed between the
proponent and the City stating the land is to be used only for crops
and with no storage on the site for more than two weeks; there is to
be no parking on the site; and a fence is to be installed per
recommendation of the Planning Commission. Motion carried with
k Anderson voting "no."
Anderson said he hoped the Council would act with consistency when a
situation like this occurs again.
VIII. REPORTS OF ADVISORY COMMISSIONS
There were none.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Pidcock - Discussion on policy of membership in associations:
Pidcock said she would like to see a policy whereby the dues of no
more than two department heads were paid by the City for membership in
any one organization. Redpath said when action was taken by the City
Council to pay for dues to various organizations, this was expressly
done to get the department heads out into the community. Redpath said
he felt that any service organization is of great benefit to the City;
the department heads' input is invaluable both to the organization and
to the City. He did not feel department heads should be assigned an
organization; this should be left up to the individuals.
City Council Minutes -14- November 19, 1985
Anderson asked if tax monies could be used to pay for memberships
which were exclusive.
Pidcock said she believes strongly in service clubs but her point was
that she did not feel the City should be paying for five memberships
in one organization. Peterson said the City is presently paying for
two memberships in one organization. He noted this decision had been
made by a previous Council and must have been done with deliberation.
Peterson said this might be more of a budget issue and that might be a
more appropriate time for this type of discussion.
Anderson again expressed concern about the use of public funds for
clubs and organizations which exclude others because of gender.
Peterson said he felt this was an ethical question and an important
one. He suggested the Human Rights and Services Commission might be
the proper place to study this. Bentley asked if this might be
referred to the City Attorney for his review. City Attorney Pauly
said there might be two questions: a legal one and another dealing
with policy.
MOTION: Redpath moved, seconded by Anderson, to refer the policy
question to the Human Rights & Services Commission with the Commission
to come back to the City Council with its report by April 1, 1986.
Motion carried unanimously.
MOTION: 8entley moved, seconded by Pidcock, to refer the issue as to
the number of memberships paid for by the City to City Manager Jullie
with a report back to the Council during the first part of the year
(sometime in January). Motion carried unanimously.
2. City Manager's Review Document: Peterson asked all Council mem-
bers to forward to him any and all suggestions and revisions to the
Review Document.
8. Report of City Manager
City Manager Jullie stated the proposed Resolution No. 85-270 would
put a cap on the interest accruing on deferred assessments for the
Carmel Addition and Eden Road projects.
MOTION: 8entley moved, seconded by Anderson, to adopt Resolution No.
85-270, revision to final assessment roll as revised by the City
Attorney. Motion carried unanimously.
MOTION: Bentley moved, seconded by Pidcock, to set 6:3D p.m.,
Tuesday, December 10, 1985, as the date and time of a Special Meeting
of the City Council at which time the Opt-Out Transit Study and City
Hall Referendum will be discussed. Motion carried unanimously.
C. Report of City Attorney
City Attorney Pauly stated the Council will meet in a closed session
following the meeting to discuss litigation pending against the City.
{
City Council Minutes -15- November 19, 1985
D. Report of Director of Community Services
1. Round Lake Treatment Program
Director of Community Services Lambert addressed his memorandum of
October 9, 1985, in which this program was discussed.
Anderson said he would like to ask the Watershed District to
contribute 5D% of the cost of this project.
MOTION: Anderson moved, seconded by Bentley, to authorize the
expenditure of no more than $4,500 per year for 1986 and 1987 to
conduct a monitoring program for Round Lake and to request the
Watershed District to contribute 50% of the cost. Motion carried
unanimously.
X. NEW BUSINESS
A. Review of Board of Appeals action of November 14, 1985 regarding
McGlynn's Bakery
Anderson noted that McGlynn's Bakeries had originally been before the
City Council and had asked for a building with a mansard roof and now
wants to go through the variance process to eliminate that style roof.
MOTION: Anderson moved, seconded by Bentley, to place review of the
Board of Appeals action of November 14, 19B5, regarding McGlynn's
Bakery on the City Council Agenda for the December 17, 1985, City
Council Meeting. Motion carried unanimously.
B. Leaf Recycling within the City
Anderson said there has been a problem this Fall with garbage haulers
not willing to pick up leaves largely due to the raise in tipping fees
at the Landfill. He suggested perhaps the City might get involved in
some way since there is a leaf recycling facility within the City.
Bentley said this could be referred to the Recycling Committee.
MOTION: Bentley moved, seconded by Anderson, to refer this matter to
the Recycling Advisory Committee.
Assistant to the City Manager Dawson said the Recycling Advisory
Committee has decided it has completed its charge and it does not want
to meet any more.
Anderson said he felt the Council should appoint another Committee.
The motion was withdrawn by Bentley with the consent of Anderson.
MOTION: Bentley moved, seconded by Anderson, to refer this matter to
Staff and to have Staff report back to the Council at the next regular
meeting of the Council. Motion carried unanimously.
City Council Minutes -16- November 19, 1985
C. City Directory with Staff and Commission Member's Phone Numbers
MOTION: Anderson moved, seconded by Pidcock, to direct Staff to
prepare a City Staff Directory listing the home phone numbers of Staff
and Commission members. Motion carried unanimously.
D. Approved Minutes of the Parks Recreation & Natural Resources
Commission for October 21, 1985
Pidcock said in reading the Minutes of the October 21, 1985, meeting
of the Parks, Recreation & Natural Resources Commission she was
surprised to read the City Council did not support an underpass on
Baker Road. She said she did not feel the City Council had given any
direction regarding this matter.
Director of Community Services Lambert said he was not at the Council
Meeting when that was discussed. Lambert said the Commission would
support the underpass.
The consensus was that care should be taken in reporting to the
Commissions the actions of the Council.
Xi. ADJOURNMENT
The meeting was adjourned to a closed session at which time pending
litigation was discussed.
•
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION ND. 86-14
RESOLUTION ORDERING FEASIBILITY REPORT
WHEREAS, it is proposed to make the following improvements:
I.C. 52-088, Trunk Sewer and Water Improvements
in the vicinity of the Red Rock Interceptor.
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 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 7, 1986.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
1
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HERBST & TRUE, LTD.
MEMORANDUM
TO: Chairman Miller
Southwest Operating Committee
FROM: Gary R. Matz
DATE: November 15, 1985
RE:. Amendment to Joint and Cooperative Agreement
Attached hereto please find an amendment to the Joint and
Cooperative Agreement as recommended by the full Commission.
An amendment to the Joint and Cooperative Agreement must be
approved by all five member cities. The Agreement provides that
an executed copy of the amendment together with a certified copy •
of the authorizing resolution be filed with the chairman of the
Commission.
GRM:cr
Enc.
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FIRST AMENDMENT
TO JOINT AND COOPERATIVE AGREEMENT
This First Amendment to Joint and Cooperative Agreement,
made and entered into this day of
198 , by and between the CITIES OF EDINA, EDEN PRAIRIE,
MINNETONKA, RICHFIELD and HOPKINS, MINNESOTA, constitutes the
First Amendment to that certain Joint and Cooperative Agreement
now existing and entered into by each of the above Cities to
create the Southwest Suburban Cable Commission; and this First
Amendment is made to record the agreements by each of the Member
• Y
Cities and in consideration of the mutual promises of each of the
Member Cities: ff 1. Article XI, Financial Matters. Section 4, Contribution
for Subsecuent Years is amended to read as follows:
Section 4. Contribution for Subsequent
Years. Beginning in the calendar year 1986
and for each year thereafter, each Party
shall contribute Two Thousand Five Hundred
and No/100 Dollars (S2.500.00). Budget
amounts recuired in excess of this minimum
amount shall be paid by each Party
contributing Eeeh-part,-shall-eentribnte an
amount which bears the same ratio to the
total budget as that Party's franchise fees
received for the period ending August 31 of
the year prior to the year for which such
budget has been prepared bears to the total
franchise fees received for such prior period
by all of the Parties combined, or such other
amount or ratio as is agreed to by all of the
Directors by August 1 of the year prior to
the year for which such budget has been
prepared and approved by the Council of each
Party. However, in any event, no Party's
contribution shall exceed the franchise fees
received in such prior year by such Party.
- 1 -
2. The Cities hereby expressly agree that all of the other
terms and conditions of said Joint and Cooperative Agreement •
remain in full force and effect and are not affected by the terms
and conditions of this First Amendment except as explicitly
provided herein.
IN WITNESS WHEREOF, the Cities hereto have caused this First
Amendment to Joint and Cooperative Agreement to be duly executed
the date first above written.
CITY OF MINNETONKA, MINNESOTA •
By
Its:
By
Its:
CITY OF EDINA, MINNESOTA
By
Its:
By
Its:
•
•
•
- 2 -
l` CITY OF HOPKINS, MINNESOTA
By
Its:
By
Its:
CITY OF RICHFIELD, MINNESOTA
By
Its:
By
Its:
P CITY OF EDEN PRAIRIE, MINNESOTA
t
By
Its:
By
Its:
I:AEH:SW6
3 -
Signature II Office Building
(AKA Primetech Center)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 44-85
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 Office 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
Office 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 adapted 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 January 2, 1986, entered into between
MRTT Joint Venture, a Minnesota general partnership, 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 3rd day of December, 1985, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 7th day of
January, 1986.
ATTEST:
John D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
EXHIBIT A
ZONING ANO PLATTING
DESCRIPTION
Outlot B, Primeland 2nd Addition
and
That part of OUTLOT C, CITY WEST SECOND AODITION, Hennepin County,
Minnesota, described as follows: Beginning at the most northerly
corner of OUTLOT B, PRIMELAND 2N0 AODITION, Hennepin County, Minnesota;
thence North 28°59'38" East, assumed bearing, 126.00 feet along the
northeasterly extension of the northwest line of said OUTLOT B; thence
South 61°00'22" East 274.53 feet to a point on the southeast line of
said OUTLOT C; thence South 28°59'38" West 126.00 feet along said
southeast line to the most easterly corner of said OUTLOT B; thence
North 61°DD'22" West 274.53 feet along the northerly line of said
OUTLOT B to a point of beginning.
ii
Signature II Office Building
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1986, by
and between MRTT JOINT VENTURE, a general partnership consisting of Prime ,
Development Corporation, a Minnesota corporation, and M-R Properties, a Minnesota
general 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 to City for Planned Unit Development Concept
Amendment approval of approximately 20 acres, and zoning from Rural to Office for
approximately 4.0 acres, for construction of an office building, situated in
Hennepin County, State of Minnesota, more fully described in Exhibit A, attached
hereto and made a part hereof, and said entire 20.0 acres hereinafter referred to as
"the property," and;
NOW, THEREFORE, in consideration of the City adopting Ordinance #44-85,
Developer covenants and agrees to construction upon, development, and maintenance of
said property as follows:
1. Developer shall develop the property in conformance with the
materials revised and dated January 7, 1986, reviewed and approved
by the City Council on December 3, 1985, and attached hereto as
Exhibit B, subject to such changes and modifications as 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 issuance of any building permit upon the property,
Developer shall:
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f
A. Submit to the Director of Planning, and receive the
Director's approval of:
1) A modified landscape plan which provides for
additional plantings to screen parking areas from
Highway #169 and which provides scale relationship
between the building setback and the height of the
building from the private loop road.
2) Plans for overall lighting on the property.
3) Plans for overall signage on the property.
4) Plans indicating exact exterior building materials.
Upon approval by the Director of Planning, Developer agrees
to construct, or cause to be constructed, those improvements
listed above in said plans, as approved by the Director of I.
Planning.
B. Submit to the City Engineer, and receive the City Engineer's
approval of plans for streets, sanitary sewer, water, storm
sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer shall
construct, or cause to be constructed, those improvements
listed above in said plans, as approved by the City
f Engineer, in accordance with Exhibit C, attached hereto.
4. Developer shall notify the City and the Watershed District 48 hours
prior to any grading, tree removal, or tree cutting on the property.
5. Developer has provided the City with access control of the western
side of City West Parkway. A copy of the access control document is
attached as Exhibit D. Developer shall promptly record an original
of said document. Developer shall continue to coordinate for a
joint full access with the residential condominium project to be
located to the north, which will share the northerly access to the
property. The access control shall be as described in the
restrictive covenant for this access, executed by the owner of the
property, attached hereto and made a part hereof as Exhibit D.
6. Developer acknowledges that the property will benefit from any
future improvements to Shady Oak Road in the vicinity of City West
and agrees to pay its fair share of the corresponding special
assessments. •
7. Developer agrees that the project shall be part of the overall City
West Owners' Association.
/ City West Retail Center
4
ADDENDUM TO DEVELOPER'S AGREEMENT
This Supplement to Developer's Agreement made and entered into as of this
day of , 1985, by and between Prime/Landmark
Partnership, a Minnesota general partnership, hereinafter referred to as
"Developer," and the City of Eden Prairie, a municipal corporation, hereinafter •
referred to as "City;"
WHEREAS, Prime/Landmark Partnership and City made and entered into a
Developer's Agreement, dated July 2, 1985, for City West Retail Center (the
"Developer's Agreement"); and,
r WHEREAS, the parties desire to amend said agreement;
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:
A. Paragraph 8. shall be added to read as follows:
"8. Developer agrees that, based on the findings of the traffic study
commissioned by Developer, dated November 6, 1985, and attached
hereto as Exhibit A, that Developer shall not develop any fast food
restaurant uses upon the property."
2. Prime/Landmark Partnership agrees to all of the terms and conditions and
accepts the obligations of the "Developer" under the Developer's Agreement,
as amended and supplemented herein.
Signature II Office Building
(AKA Primetech Center)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 85-293
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 44-85 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 44-85 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 7th day of January.
1986;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EOEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 44-85, 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. 44-85 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 7, 1986.
Gary D. Peterson, Mayor
ATTEST: tl
John D. Frane, City Clerk
p'
3
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-02
A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER
BE IT RESOLVED, by the City Council of the City of Eden Prairie,
Minnesota, that the Eden Prairie News be designated as the official City
newspaper for the year 1986.
ADOPTED by the City Council of the City of Eden Prairie this 7th
day of January, 1986.
C Gary Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-03
A RESOLUTION AUTHORIZING CITY OFFICIALS TO
TRANSACT BANKING BUSINESS
BE IT RESOLVED, that the persons holding office as Mayor, Manager
and Treasurer of the City of Eden Prairie, be and they hereby are,
authorized to act for the City in the transaction of any banking
business with the official depositories (hereinafter referred to as the
banks), such authority including authority on behalf of or in the name
of the City from time to time and until written notice to the bank to
the contrary, to sign checks against said account, which checks will be
signed by the Mayor, Manager and City Treasurer. The bank is hereby
authorized and directed to honor and pay any check against such account
which is signed as above described, whether or not said check is payable
to the order of, or deposited to the credit of, any officer or officers
{ of the City including the signer or signers of the check.
BE IT ALSO RESOLVED, that the Acting Mayor be authorized to sign
checks as an alternate for the Mayor, the Deputy Treasurer be authorized
to sign checks as an alternate for the Treasurer.
ADOPTED by the City Council of the City of Eden Prairie this 7th
day of January, 1986.
li
Gary Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
C
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-04
A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES
BY PUBLIC OFFICIALS
BE IT RESOLVED that the use of facsimile signatures by the
following persons:
Gary Peterson, Mayor
and
John D. Frane, Treasurer or Carl J. Jullie, City Manager
on checks, drafts, warrant-checks, warrants, vouchers or other orders on
public funds deposited hereby is approved, and that each of said named
persons may authorize the depository bank to honor any such instrument
bearing his facsimile signature in such form as he may designate and to
charge the same to the account in said depository bank upon which drawn,
as fully as though it bore his manually written signture, and that
instruments so honored shall be wholly operative and binding in favor of
said depository bank although such facsimile signature shall be affixed
without his authority.
ADOPTED by the City Council on this 7th day of January, 1986.
•
Gary Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
j
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-05
A RESOLUTION DESIGNATING DEPOSITORIES
BE IT RESOLVED, that the Suburban National Bank of Eden Prairie,
Minnesota, and the First State Bank of Eden Prairie, Minnesota,
authorized to do banking business in Minnesota, be and hereby are
designated as Official Depositories for the Public Funds of the City of
Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall
maintain adequate collateral for funds in the depository.
ADOPTED by the City Council of the City of Eden Prairie on this 7th
day of January, 1986.
Gary Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-06
A RESOLUTION AUTHORIZING THE TREASURER TO INVEST
CITY OF EDEN PRAIRIE FUNDS
BE IT RESOLVED, by the City Council of the City of Eden Prairie,
County of Hennepin, that the City Treasurer is authorized to invest City
of Eden Prairie funds with any bank, or other financial institution
authorized to do business in the State of Minnesota in Certificates of
Deposit, U.S. Government Notes and Bills, obligations of the State of
Minnesota or any of its subdivisions, Federal Government Agency Bonds
and. Notes, Savings Accounts and Repurchase Agreements and any other
security authorized by law. The City Treasurer shall maintain adequate
collateral for funds deposited.
ADOPTED by the City Council on this 7th day of January, 1986.
Gary Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
•
{
C
THIS IS THE THIRD TIME THE SAME FND U EST HAS BEET MADE BY MR. GUNNER TO HAVE
THE PROPERTY IN WUISTION SCNED DIFFERENTLY. NY WIFE AND I FEZ THAT THE CITY FLAMING
DEA"FTt•IENT ALONG WITH THE: PLANNING COMMISSION ARE PERFORMING INDUSTRIAL HARRASSMENI
BY ALLOWING SUCH RN UvST TO THE SAME DEDIGNATION TO CONSTANTLY BE BROUGHT BEFORE TIE
PLANNING COMISSIONS. SUCH 7.JdUE3TS ARE STP. SFUL TO ALL PARTIED CONCERNED.
IN THE PAST. MEMBERS OF OMER PLANNING COMMISSIONS HAVE TURNED DOWN SUCH RD.USSTS
FOR A ZONING THAT WOULD FIT A OFFICE/WAREHOUSE DEDIGNATION. PREVIOUS ZONING RSSUDTS
IMPLIED, TO ME AT LEAST, INDUSTRIAL USAGE, TODAY IT SEMS OFFICE/WAREHOUSE MORE APTLY
FITS THE DISCRIPTION. REGARDLESS, THE EXISTING WOODWORKING COMPANY THAT OCCUPIED THE .
REAR OFAOFFICE/WAREHOUS: BUILDING SOME 290 FE..y TO THE EST OF OUR HOME, LETS US
KNOW WHEU 7100 A.M. HAS ARRIVED FACE WORK DAY WHEN THEY START UP THEIR AIR VACUME
iDD,UIFTW'E,'NT, 13PECIALLY DURING THE SUMMER MONT-5 WHEN OUR WINDOWS ARE OPEN. TEAT IS
ABOUT THE EXTENT OF ANY DISCO?VORT WE FE.Ej, FROM ITS PRESENCE.
AT THE TIME WE START= BUILDING OUR HOME, ALL PROPERTY HAD BUT 021E DEDIGNATION,
RURAL FARM LAND. SINCE THAT TINE IN OUR IMMEDIATE VACINITY SOME OF THE LAND HAS AT
ONE TIME OR ANOTHER BIEEN DESIGNATED INDUSTRIAL. COMMERCIAL. SINGLE FAMILY A= DOUBLE
FAMILY DWELLING AS WELL AS A DEDIGNATION NO SAME PERSON WOULD WANT NEXT TO THEM,
THAT OF A WASTE DUMP. IT SEr74S THAT THE AREA HAS BECOME A HODGE PODG E OR WISH MASH
OF WHAT MANY DISTRICTS I: OUR CITY WOULD VaIIMENTLY OBJECT TO. THE PROPERTY ACROSS
PIONEER TRAIL FROM OUR HOME AT THE TINE OF ONE OF MR. GUNNERS RaiLI TS WAS DESIGNATED
I:R ATRIAL, AND NOW 29 SINGLE FAMILY AND 14 DOUBLE FAMILY UNITS ARE BUILT ON IT.
MY WIFE AND I HAVE STEADFASTLY CONTENDED THAT 3:ICROACOENT OF OTHER THAN RESI-
DF:TIAL USAGE NOT 3 ALLOW= IN T::iS PARRTIC;,'LAR CIRCUMSTANCE, AND THAT A DESK:iA T"D
DISTANCE NE PR.ECNIB D, ONE SUCH AS NOW EXISTS IN THIS CASE, ,ETWFZI Er:IETING I i0N1=
A::D R: CO::STRUCTIC:. CF _'GII ING TW UI'.ING dA `MOUSE/OFFICE/INDUSTRIAL
FURTHER, IS CUR 1317 '":'.AT MERELY CONSTRUCTING A:: EARTHENBERM ALONG 'SIT::
::OI•i3
.. :NCR RY A::D ...__y SHOULD NOT IN ..:_MSZ:E3 TS A SOLUTION TO SUCH A SO::I::G CHANCY,
.ir:_.._ :. =. :CTS ,.iI;.7I:::
IT IS OUR UNDMSTANDING THAT ON APRIL 14, 1983, A RE4111T SY THE LOUISE WNITBECK
FRASur.R SCHOOL WAS HEARD 3Y THE PLANNING COMMISSI0N REGARDING SOME 24 ACR OF LAND
IMM=IATi Y TO THE EAST OF OUR HOME, FOR THE PURPOSE OF BUILDING RiIDENTIAL TYPE
BUILDINGS FOR THE HOUSING OF RETARD D ADULTS. AT THAT TIME NEITHER MY NEIGHBORS OR
MY SAFE AND I COi•ITE3TI D SUCH A PROJECT. BETTY AND I FELT THAT THE REIaUEST WAS COM-
PATABL3 WITH THAT OF R IDENTIAL ZONING, AND FOR US TO VACILLATE IN OUR ZONING
BELIEF'S WAS NOT P05SLLE.
AT THIS TIME I WOULD LTis TO OFFER BUT ONE SOLUTION TO TIE PRES= PREDICAMENT.
DURING THE PAST WEER, I HAVE COt TACT= MR. GUN NM MID HIS LAND AGENT, EiFO?MING
THEM OF OUR WILLINGI::MS AT THIS TM::, OF SELLING TITal OR SOME OTH R 3UY.T OF I:'DUSTRIAL
LAND OUR HOME AT WHAT WE FE, IS A FAIR AID atUITAJLE PRICE, Ti ERPBY R11J.Ut4:G CURSZ,V
OF AT L'_AST TWO FEARS. THE FIRjT BEING THAT OF OUR HON TAD BECOMING A PETUNIA IN A
OI:ION PATCH, AM SECONDLY THE P0SST.3LE MONETARY DIMINUTION OF OUR HONE AND THE LAID
IT IS O.I. AS A POINT OF INFORMATION ORMATION IT IS 02v2Y 100 Frs T WIDE BY SOME 430 FEET IN
LENGTH. BECAUSE OF ITS SIZE A VARI E:ICE WOULD MOST LrC.Y 3E R3.UIrr-'D FOR IT TO BE
GIVE:T A I-2 D IGNATIO:I ON ITS OWN % ITS.
WE AGAIN ASK THIS COITIISSIOII TO HOLD TIE PRn53NT ZONING REId,U 'T T"i+ A3EYANTCE
UNTIL THE ABOVE PROPOSAL OR SONE OTHER ONE IS REACHED BY THE CONCERNED PARTI;. , IN-
CLUDING TIE PLANNING DaARTMENT, PERHAPS THEN 30TH PARCZ,S COULD CARRY THE SANE
DE3IGI:ATIOi:. ON?, THING V'RY CERTAIN IS THE NF-ED FOR A FINAL JUDGt31E T IiI THIS i•TATT'R.
I IESITAT3 TO THI;K OF WHAT ;1O1.LD HAVE HAPPZ rD HAD THYM R3 U T 3Er3i MADE WHILE WE
WERE AWAY FROM HOME FOR AN EXTEND= P'.:'RIOD OF TI t AS IT WAS L335 THAN TWO walis AGO
THAT WE F.EC2I7 A NOTICE OF THIS HARING.
THANK YOU.
I
3
C C
THOMSEN.NYBECK,JONNSON,BOUQUET&VAN VAIKENBURG,P.A.
t LAW oMe[.
BU.TE.O[-TEfO FRANCK Av[NU[SORTN
M.NN[APOL.f 1 EDINA1,M.NNC$OTA ee436
GLENN D.nre[cK is. es6-,000 Or Cou Ns[L
GORDON V.JONNSOn
JONN F OUOUET
NEL06 TN DMB[N
December 6, 1985 RICNARO D. ,P.A.
JACKSVANLK[N•URO ROe[RT C.iILCK
CCF
MARK
a.ONNBTwD
DONALO O.SMIIN
JACK W.CARLSON
°CAMS M.PATRICK
MARSH J Ale[RO
MARK C.LABCE
OHN P.PRACTORIUB
Planning Commission
CITY OF EDEN PRAIRIE
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
RE: Flying Cloud Office Building Project
Continued Hearing Date - 12/9/85
Gentlemen:
In behalf of Harold Schaitberger, I have reviewed the above proceed-
ings for rezoning of the subject parcel and have met with the Planning
Staff and talked with Mr. Chris Enger to familiarize myself with the his-
tory of this area.
It is our position that if the subject parcel is rezoned so as to
permit the construction thereon of an office-warehouse building, even with
the conditions proposed by your staff, that the value of the adjacent resi-
dential property of Harold Schaitberger will be substantially diminished,
perhaps to the extent of fifty per cent of its present market value, de-
pending upon whether it remains a residential site or becomes an industrial
site. Such a result could possibly constitute a taking under the theory of
inverse condemnation.
As you are aware, Harold Schaitberger has occupied his residence for
more than 35 years and I know you are sympathetic to his plight in this
situation. I suggest that the Commission, together with the other City
Fathers, treat Harold Schaitberger's situation as being unique, calling for
special treatment so as to preserve the equity of the homestead of one of
Eden Prairie's senior citizens. Perhaps the property could be considered
as a site for municipal purposes or financing could be arranged that would
make it more attractive to a developer/purchaser, In any event, I believe
that every effort should be made to relieve Harold Schaitberger from the
dilemna in which he has been placed through no fault of his own except be-
ing a resident of Eden Prairie.
I respectfully request your consideration of the above comments.
Sincerely yours,
C .�csr .L
Glenn G. Nybeck
GGN:jas
STAFF REPORT
C
TO: Planning Commission
FROM: Scott A. Kipp, Assistant Planner
THROUGH: Chris Enger, Director of Planning
DATE: December 6, 1985
PROJECT: Flying Cloud Office Building
APPLICANT: Oakwood Builders, Inc.
FEE OWNERS: Clayton and Virginia Gunnarson
LOCATION: South of Pioneer Trail, east of Highway #169
REQUEST: Zoning District Change from Rural to I-2 Park on 2.29 acres for
construction of a 10,000 square foot office/warehouse.
Background
This is a continued item from the --3• 1 '
November 12, 1985, Planning Com- X° I
i mission meeting. The Commission / 1 i s� " ,i
recommended that the development ,
plans be returned to the proponent 7 �' >1
for revisions to the �-• L 'a \+ "-
landscape/screening plan dem- OFC " , 411
onstrating a solution to the site imti PUB .� „26_
lines into the loading facilities of
i •ArA c"6
the proposed building from the ,18 2 � '�'• ~6
neighboring residential home to the K_�
east. � r � ip. n► - .5
Landscape/Screening e afD.1
Staff has reviewed the revised , �
landscape/screening plan, which has ,ot .�
incorporated a 3:1 berm and seven-
foot high screening fence along the -- - PROPOSED SITE ,
east property line, to effectively
screen all loading facilities.
This fence is approximately 98 feet
in length and incorporates the use
of jogs to break up the linearness
of the fence. Materials for this
fence will consist of 1 x 6
AREA LOCATION MAP
1
Flying Cloud Office Building 2 December 6, 1985
alternating board on board construction. Staff feels that the thickness of the
boards should be upgraded to two inches due to the length and height of the fence.
This will help maintain the fence structurally and visually for a greater period of
time. Spruce trees have been added to help break up the mass of the fence; however,
the amount of landscaping provided does not do an adequate job. Staff recommends
that prior to Council review, the landscape plan be revised to show mass plantings
of shrubbery, four-foot in height, and numerous evergreen trees, eight-foot in
height, minimum.
Site Lighting
Lighting details have not been submitted for review at this time. Staff recommends
that any lighting for the loading facility side of the building be limited to
downcast, cut-off luminars.
Future Expansion
Since the request is for rezoning of the entire 2.29 acres to I-2 Park, the
Commission may wish to have the proponent submit any future proposal on the
property, to the Planning Commission and Council for review and approval.
STAFF RECOMMENDATIONS
Staff would recommend aproval of the request for Zoning District Change from Rural
to I-2 Park on 2.29 acres subject to the recommendations of the Staff Reports dated
December 6, 1985, and November 8, 1985, based on plans, Staff dated October 25,
k 1985, November 5, 1985, and December 5, 1985, and subject to the following
conditions:
1. Prior to Council review, proponent shall:
A. Revise the site plan to reflect proper parking stall dimensions of g
x 23 feet for the parallel parking along the south side of the
building.
B. Increase berming and add additional conifers within front yard
setback to adequately screen parking.
C. Should it be required by the Planning Commission, "flip" the
building to have the loading facilities face the existing industrial
uses.
D. Revise the landscape screening plan to include mass plantings of
shrubbery four feet in height and conifers eight feet in height,
minimum.
E. Modify the utility plan to extend the sanitary sewer to the east
property line, within the ten-foot drainage and utility easement.
2. Prior to building permit issuance, proponent shall:
A. Submit detailed storm water run-off, erosion control plans for
review by the Watershed District.
B. Submit detailed storm water run-off, erosion control, and utility
plans for review by the City Engineer.
i
Flying Cloud Office Building 3 December 6, 1985
C. Submit to the City, written drainage and utility easements of the
property to be filed with Hennepin County.
D. Submit color samples of the building materials, including the bay
doors.
E. Submit signage and lighting details for review.
F. Submit fence detail for review and approval.
G. Pay the appropriate Cash Park Fee.
H. Notify the City a Watershed District 48 hours in advance of grading.
C
PLANNING COMMISSION AND COUNCIL HISTORY OF LOT 2, BLOCK 1, M & K ADDITION
January 13, 1970 - Council considered application
April 14, 1970 - Council considered application
April 28, 1970 - Council considered application
May, 1970 - Council adopted Resolution #345 denying the application of
George Maurer for Rezoning of Lot 2, Block 1, M & K Addition
to I-2 Park because of the following:
1. Development inconsistant with the objectives of the Comprehensive Guide Plan
since the area at that time was designated Residential.
2. No utilities existed for immediate connection.
3. Re-alignment of County Road #1 had not been finalized.
Also at that time, a minimum zoning area of 40 acres was required for any Industrial
Park development.
March 28, 1972, City Council approved Ordinance #171, rezoning the west 200 feet of
Lot 2, Block 1, M & K Addition for construction of Suburban Wood Products Company.
April, I974, rezoning request was again denied for I-2 Park for the east 200 feet of
Lot 2, Block 1, M & K Addition because of the following:
1. Inconsistency with the Comprehensive Guide Plan.
2. Variances for minimum district size.
3. Lack of utilities.
4. Lack of overall development plan.
5. County Road #1 still not relocated.
March 28, 1977, Planning Commission recommended denial based on the conditions of
Resolution #345.
September 20, 1977, City Council continued indefinitely.
•
STAFF REPORT
TD: Planning Commission
FRDM: Scott A. Kipp, Assistant Planner
THRDUGH: Chris Enger, Director of Planning
DATE: November g, 1985
PROJECT: Flying Cloud Office Building
APPLICANT: Dakwood Builders, Inc.
FEE OWNERS: Clayton and Virginia Gunnarson
LOCATION: South of Pioneer Trail, east of Highway #169
REQUEST: Zoning District Change from Rural to I-2 Park on 2.20 acres for
construction of a 10,DDO square foot office/warehouse.
Background
The Comprehensive Guide Plan ident- - 7•-3-
ifies an Industrial use for this ; ;� RI 2�
site, with Industrial uses to the
west and east, and Low Density l 1 ►-4�
Residential to the north and south. -+' Ta. '"''',j 441t„ i as.
This site is currently zoned Rural. t•.-= - .4 t�\.,:,—c ' /
OFC . ; get.-.'�.
Surrounding land uses are Yorkshire
Point (R1-13.5) to the north, a PUBTV ,:y,4 r�2
single family home to the east, open •.18 4 c ,� g2
space to the south and Suburban Wood ,_K� 2r . i.-. 9 , .,,s 6-
Products, an industrial use, to the - .1,...,,,,,� �C ' "
west.
Y : r ;' b :..g
The site is currently farmed and is �.• 7
relatively flat, with a 1% rise in
grade from north to south. There is o411;t t
no existing vegetation on-site. 27-7 3
27-8
Site Plan rUe ' PUB PROPOSED SITE
The site plan involves the con-
struction of a single-story, 10,000 /
square foot office/warehouse build-
ing on 2.29 acres, with a Floor Area
Ratio (FAR) of 0.1. Industrial
zonina would allow up to 0.3 FAR.
Building and parking areas meet
minimum setback requirements. The AREA LOCATION MAP
# site plan should be revised to AREA
Flying Cloud Office Building 2 November 8, 1985
reflect proper parking dimensions of 9 x 23 feet for parallel parking along the
south side of the building.
Staff met with the proponents to discuss possible building configurations. Since
the site abutts an existing residential land use to the east, Staff recommended that
the building be "flipped" such that the loading facilities face the existing
industrial use to the west. This would create a more acceptable transition between
the residential home and industrial land use. The proponent's wishes are to leave
the building as shown since the majority of traffic would be approaching from the
west, giving the building a greater visibility to its clients.
The 3.25 acres of land to the east of this project is guided Industrial and Medium
Density Residential. Since these adjacent parcels are at the intersection of two
collector streets, and since Industrial land uses have developed to the west, Staff
would expect these parcels to develop in a similar manner. With this in mind, Staff
would feel comfortable with either building configuration, as long as adequate
screening is provided along the east property line should the building remain as is.
This will be covered under the landscaping section.
Possible future expansion has been illustrated with a similar structure to the
south. The total FAR of the site with expansion would be 0.2; well within Code
guidelines. Building size, setbacks, parking, and traffic circulation would pose no
problem.
The proponent has indicated that any future expansion would remain under the same
ownership, thus no need to subdivide the property. Should a subdivision take place,
a variance would be required for lot depth and lot size.
Grading
A minimal amount of site grading will be required for this project. Berming has
been proposed along the east property line, and within the front yard setback area.
The grading plan should be revised to show maximum berming at a 3/1 slope along the
east property line, and berming adequate to screen the parking lot from Pioneer
Trail within the front yard setback.
Landscaping
The proposed landscape plan meets minimum caliper inch requirements per Code.
However, additional conifers will need to be incorporated near the entrances to
adequately screen parking and loading facilities. As discussed earlier, if the
Planning Commission feels comfortable with the proposed building configuration as
represented, the landscape plan should be revised to show a double row of conifers,
a minimum of six feet in height, along the east property line in addition to the
berming. This would aid In screening the loading facilities from the adjacent
property.
Architecture
The building, 9s proposed, will be a 14-foot, single-story office/warehouse
building, containing 10,000 square feet. Primary building materials will consist of
burnished concrete block, wood, and glass. The application of wood does not exceed
the 25% maximum allowed by Code. Rooftop units are not proposed for this building,
rather high efficiency units will be located inside the warehouse area. The loading
1
Flying Cloud Office Building 3 November 8, 1985
facilities consist of four drive-up bays designed such that they will not be visible
from Pioneer Trail. Color samples for the building and bay doors have not been
submitted for review. The bay doors should be painted to match the building.
Utilities
Sewer and water are available to the site via connection to the existing utilities
along Pioneer Trail. Connection to the sanitary sewer will require work on the
neighboring parcel to the west. Prior to building permit issuance, written
permission must be obtained in order to do any work on that property.
Since this parcel will not require platting, written drainage and utility easements
will need to be submitted to the City, and filed at Hennepin County prior to any
building permit issuance.
City policy requires that utilities be extended across developing parcels in order
for neighboring parcels to have available connections. Prior to Council review, the
proponent shall modify the sanitary sewer line, extending it to the east property
line, within the ten-foot drainage and utility easement fronting the property.
Drainage of the property will be overland to a swale located in the Pioneer Trail
right-of-way.
Signaqe and Lighting
Prior to building permit issuance, overall signage and lighting details shall be
submitted for review and approval. All signage should be of a consistant size and
style. Lighting shall be restricted to down-cast luminars.
STAFF RECOMMENDATIONS
Staff would recommend approval of the request for Zoning District Change from Rural
to I-2 park on 2.29 acres subject to the recommendations of the Staff Report dated
November 8, 1985, based on plans, Staff dated October 25, 1985, and November 5,
1995, and subject to the following conditions:
1. Prior to Council review, proponent shall:
A. Revise the site plan to reflect proper parking stall dimensions of 9
x 23 feet for the parallel parking along the south side of the
building.
B. Revise the grading and landscape plan to incorporate maximum 3/1
berming along the east property line and increased berming and
conifers within front yard setback to adequately screen parking.
C. Should it be required by the Planning Commission, 'flip" the
building to have the loading facilities face the existing industrial
uses.
D. Should the building remain as shown, revise the landscape plan to
add a double row of conifers, six feet minimum in height, along the
east property in addition to berming.
Flying Cloud Office Building 4 November 8, 1985 •
E. Modify the utility plan to extend the sanitary sewer to the east
property line, within the ten-foot drainage and utility easement.
2. Prior to building permit issuance, proponent shall:
A. Submit detailed storm water run-off, erosion control plans for
review by the Watershed District.
B. Submit detailed storm water run-off, erosion control, and utility
plans for review by the City Engineer.
C. Submit to the City, written drainage and utility easements of the
property to be filed with Hennepin County.
D. Submit color samples of the building materials, including the bay
doors.
E. Submit signage and lighting details for review.
F. Pay the appropriate Cash Park Fee.
G. Notify the City a Watershed District 48 hours in advance of grading.
t
Planning Commission Minutes 8 November 12, 1985
•
October 4, and November 8, 1985.
Motion carried--7-0-0
C. FLYING CLOUD OFFICE 8UILDING, by Oakwood Builders. Request for
Zoning District Change from Rural to I-2 Park on 2.29 acres for
construction of a 10,000 square foot office/warehouse. Location:
South of Pioneer Trail, east of Highway #169. A public meeting.
Mr. Jack Haverly, Oakwood Builders, reviewed the site plan and surrounding
development conditions with the Commission. Planner Enger reviewed the
history of development in this area as detailed in the Staff Report. He
pointed out that there had been a resolution adopted by the City Council
listing conditions which must be met prior to the City considering any
further development of this area. Planner Enger stated that all the
conditions of that resolution had now been satisfied.
Johannes expressed concern regarding the Schaitberger home adjacent to the
proposed development. He stated that he could understand the point of the
developer in orienting his structure toward Highway #169 for exposure to the
public, but that he also felt the Schaitberger home should be protected and
visually buffered properly from this industrial use. Johannes asked how
high a berm would have to be to screen the building from the Schaitberger
home. Planner Enger responded that it would have to be at least as high as
" the structure, itself.
Mr. Haverly explained the uses within the building. He noted that the
structure was only 68 ft. wide and would not support the type of industrial
truck bays necessary for large trucks.
Hallett concurred with Johannes that the major difficulty with the project
would be screening from the Schaitberger home. He stated that he felt it
was clear that the conditions of the resolution adopted by Council had been
met.
Marhula stated that he, too, was concerned about the screening of the use
from the Schaitberger home. He asked if any additional information would be
helpful in reviewing this matter, such as sight lines.
Mr. Harold Schaitberger, 12880 Pioneer Trail, read a statement to the
Planning Commission regarding his concerns on the property. Chairman Schuck
directed that the letter become a permanent part of the file on this
project. Mr. Schaitberger indicated in the statement that he was against
the construction of the structure as it would make his home the only buffer
between the existing residential units on one side of him and the industrial
use proposed. Mr. Schaitberger suggested that it would make sense to
combine his parcel with the property proposed for development, or with the
property to the east.
Hallett asked what type of land use would likely occur in this area once
development was completed in this neighborhood. Planner Enger stated that
it could be industrial between Pioneer Trail and County Road #1, but that
other uses could also be considered. Currently, industrial use was shown on
the Comprehensive Guide Plan for this area.
Planning Commission Minutes 9 November 12, 1985
Mr. Haverly stated that he and his partners had spoken with Mr. Schaitberger
regarding the addition of his property to their parcel for development. He
pointed out that he did not need additional property for the size building
being proposed.
Johannes stated that he felt it would be best to combine Mr. Schaitberger's
property with the property to the east for future development. It was noted
in discussion that the City could not force this, however.
Dodge stated that she felt the City owed Mr. Schaitberger an answer to his
questions regarding land use and buffering from the proposed use. Bye
concurred.
Mrs. Virginia Gunnerson, owner of the property proposed for development,
stated that she had been attempting to sell the property for some time. She
stated that she felt it was important for the City to have a long term plan
for the area and added that she had always been under the impression that
the use of the property would be industrial. Mrs. Gunnerson added that she
did not feel it was appropriate to ask for screening for the Schaitberger
residence which would eventually be removed when that property was developed
as industrial in the future.
Mr. Gene Peterson, one of the future owners of the structure, stated that he
felt it was unfair for Mr. Schaitberger to be in a position to stall, or
hold up, development on the Gunnerson property in this situation. He stated
that he had discussed the matter with Mr. Schaitberger and had considered
purchasing the property, but that the price was too high.
MOTION:
Motion was made by Johannes, seconded by Bye, to continue the consideration
of this project to the December 9, 1985, Planning Commission meeting in
order to allow proponents time to address sight line and screening issues
and to allow time for the neighbors to work out their differences on
development of this property.
Motion carried--7-0-0
V. OLD BUSINESS
None.
VI. NEW BUSINESS
December 23, 1985, Planning Commission Meeting
Planner Enger noted that the second meeting in December would fall during
Christmas week and suggested that the meeting be cancelled as there were no
projects pending which would be scheduled for this meeting.
MDTION:
Motion was made by Gartner, seconded by Marhula, to cancel the regularly
scheduled December 23, 1985, Planning Commission meeting.
UNAPPROVED PLANNING COMMISSION MINUTES
DECEMBER 9, 1985
A. FLYING CLOUD BUSINESS CENTER, by Oakwood Builders. Request for
Zoning District Change from Rural to I-2 Park on 2.29 acres for
construction of a 10,000 square foot office/warehouse. Location:
South of Pioneer Trail, east of Highway #169. A continued public
meeting.
This item was continued from the Planning Commission meeting of November 12,
1985, in order to allow proponent to work with the adjacent residential
neighbor, Mr. Schaitberger, to mitigate transition issues between the two
uses. The proponents had submitted revised plans, responsive to the
requested changes by the Planning Commission at their previous meeting.
Planner Enger reported that Staff had been in contact with both Mr.
Schaitberger and his attorney. He noted that it was apparently Mr.
Schaitberger's desire to have his property purchased by either the
developer, or the City. Planner Enger stated that the City had handled this
type of transitional problem in the Major Center Area, and even in this
immediate area, with the Peterson residence, east of Flying Cloud Oil Co.,
Mr. Schaitberger's industrial use, by allowing interim use of the
"residential" property as a business. This would allow an existing
residential owner the flexibility of selling either as a single family
residence, or as a business. Planner Enger stated that this idea had been
discussed with Mr. Schaitberger. It was Staff's opinion that an interim use
for Mr. Schaitberger seemed to be the reasonable, consistent course for the
City to offer at this time.
Planner Enger added that, per Mr. Schaitberger's request, his property would
also be included in the list of sites to be considered for a fire station in
this area of the City.
Mr. Jack Haverly, proponent, reviewed the revised plans with the Commission,
noting the sight lines to Mr. Schaitberger's property based on the revised
landscape plan.
Chairman Schuck acknowledged receipt of a letter from Lee Ann Kuske, and
Susan M. Lossing, both living on Yorkshire Lane, indicating their concerns
about additional businesses being located in their neighborhood. Chairman
Schuck asked that the letter be made a permanent part of the file on this
project.
Mr. Haverly stated that, at the previous Planning Commission meeting, there
had been discussion regarding the orientation of the structure and what the
best orientation would be for purposes of screening Mr. Schaitberger's
property from this use. He noted that it would be better from the
businesses' point of view to be oriented towards Highway #169, especially
since the screening which had been added to the plan mitigated the visual
problems which existed previously. He stated that changing the orientation
of the building towards County Road #1, in addition to the landscaping
changes, would not be necessary to accomplish the screening requested.
Mr. Harold Schaitberger, 12880 Pioneer Trail, stated that he had been in
contact with property owners to the east and west of him regarding sale of
his property; however, neither party expressed interest in purchasing his
property at this time. He stated that he had spoken with representatives of
the City and had requested that the City purchase his property for a fire
station, or through the Housing and Redevelopment Authority for future
development of this area. Mr. Schaitberger stated that he wanted a definite
answer from the City as to the final use of his property. He stated that he
did not feel designation of the property for an interim use was appropriate.
Mr. Russell Michel, 9607 Yorkshire Lane, stated that there were over 25
children living in the single family area to the north of this site. He
expressed concern for their safety considering the increased amount of
traffic from additional businesses in this area.
Mr. Larry Kuske, 9517 Yorkshire Lane, stated that he felt the interests of
the neighborhood would better be served by designation of this property as
single family residential, rather than industrial, or commercial. He stated
that he, too, was concerned about the potential for increased traffic in
this area, if additional businesses were allowed to develop.
Mr. Clay Gunnarson, 17001 Valley Road, owner of the property proposed for
development, stated that the property had been designated for Industrial use
since he had purchased it in 1979. He added that he felt the traffic
situation had improved substantially in this area since the road
improvements made to Pioneer Trail and County Road #1 were completed in
1982. Mr. Gunnarson stated that he had been trying to have the property
developed for some time, but, until this time, had not been able to meet all
of the City's criteria for development, which had been established by
Council resolution. He stated that, now that he had complied with the 1
requirements, he felt he had a right to have the property developed.
Regarding the concerns mentioned about increased traffic, Mr. Haverly noted
that none of the uses proposed for the structure were of a manufacturing
nature. He stated that the uses would be the type requiring small office
space and a larger amount of storage, thereby generating a small amount of
traffic when compared to manufacturing uses, which were more employee
intensive.
Chairman Schuck asked when the property had been designated as Industrial in
the City's Comprehensive Guide Plan. Planner Enger responded that it had
been accomplished prior to 1980. He noted that the designation of the
Yorkshire Lane property as Residential had taken place after the designation
of the surrounding property as Industrial.
Hallett stated that he felt the alternative of designating the Schaitberger
property as an interim use was a good one, as it would increase the
flexibility of the Schaitbergers in the sale of the property. He asked
about the process necessary to do so. Planner Enger noted that it would be
similar to a rezoning procedure.
Gartner questioned whether Mr. Schaitberger's situation had been caused by
the realignment of County Road #1 and Pioneer Trail in 1982. She asked if
the County had been contacted regarding this proposal. Planner Enger stated
that the County had been contacted regarding the proposal.
Mr. Schaitberger reiterated that he felt an interim use for his property was
unacceptable. He stated that he felt the City should buy his property, as
had been done in other situations in the Major Center Area of the community.
Gartner asked if the City had made such purchases of property within the
Major Center Area. Planner Enger stated that the only situation wherein the
City had made such purchases was for road right-of-way. No such purchased
were made for redevelopment. Instead, the method of interim use was
employed in the Major Center Area for such properties.
Hallett stated that, based on that information, he felt the Commission
should forward the proposal to the City Council for their action. He stated
that he felt the proponents had made a good faith effort to comply with the
City's requirements and to mitigate the concerns of the adjacent residential
neighbor.
Gartner stated that she felt the revised screening now proposed by the
developer did a good job of mitigating the problems with the residential
neighbor of the project. Hallett stated that he concurred.
MOTION:
Motion was made by Gartner, seconded by Hallett, to recommend to the City
Council approval of the request of Oakwood Builders for Zoning Oistrict
Change from Rural to I-2 Park for 2.29 acres for construction of a 10,000
sq. ft. office/warehouse, based on revised plans dated Oecember 5, 1985,
subject to the recommendations of the Staff Report dated November 8, 1985.
Further, it is recommended that the City Council consider any available
options to aid Mr. Schaitberger with respect to final use of his property.
Motion carried--4-O-0
B. DOUGLAS CORPORATION, by Opus Corporation. Request for Planned Unit
Development Concept Review on approximately 68 acres for
construction of 320,000 square feet of office/warehouse. Location:
West of Highway #169, south of new Anderson Lakes Parkway. A
continued public hearing.
Staff reported that this item was continued from the November 25, 1985,
meeting to allow Staff to gather additional data regarding the proposed
Planned Unit Development (PUD) Concept Plan and the impact of the proposed
land use change upon the overall land use balance within the community.
Staff reviewed the data gathered regarding the proposed PUD Concept Plan,
listing items of concern involving any future site plan detail for the
project, as had been requested by the Commission.
Planner Enger reviewed the findings of a memorandum dealing with the impact
of the proposed land use change on the overall land use balance within the
( City and other impacts, such as traffic, of such a change to the
Comprehensive Guide Plan. He stated that the project had been reviewed with
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #86-11
RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN LAKE NORTH FOR
COMMERCIAL EXCAVATING, INC.
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Eden Lake North for Commercial Excavating, Inc., dated
November 12, 1985, consisting of 32.5 acres for single family residential, a copy of
which is on file at the City Hall, is found to be in conformance with the provisions
of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is
herein approved.
ADOPTED by the Eden Prairie City Council on the 7th day of January, 1986.
Gary 0. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
1
C (:-
STAFF REPORT
l
TO: Planning Commission
FROM: Michael D. Franzen, Senior Planner
Ti UGH: Chris Enger, Director of Planning
DATE: December 6, 1985
SUBJECT: Lake Eden North
LOCATION: Southwest quadrant of the intersection of Franlo Road and Preserve
Boulevard
APPLICANT: Tandem Corporation
FEE OWNER: Commercial Excavating, Inc.
REQUEST: 1. Zoning District Change from Rural to R1-13.5.
2. Preliminary Plat of 32.5 acres into 40 single family lots.
aa.
Background ^" 80-30 `lt„41 HWY.
This site is currently Guided Low 6s .:4Q 1
k Density Residential with a maximum 35 --�r .:
density of up to 2.5 units per acre. - e., M * ,,E,,G;E
A portion of this site is currently .4e, E.P.
zoned R1-13.5 based upon development ''" cErrz
plans approved by the City in 1978 G .,
for the Oarkenwald Addition. This ; E_ CENTER
would include the area on the A� 78-16
location map off Grier Lane. The - PUB
proponent is proposing a mod- ,,
ification of the preliminary plat ,, 4$. ppt C-REG<
with a different road configuration ,3 " • MASER
to accommodate additional housing ��^ " 'g,�
PROPOSED SITE SIR ! '
units on this site and the adjoining , 118-84 F...._._tilli
property. A portion of the lower ' , - _`� RM-2.5. ! a' 6' '
site is designated as open space on H . '"4,0 ul�. rg
the Comprehensive Guide Plan and is . s ";"�"
reflected as a drainage utility >"- Aii.t�,', I RM-6.5. 4,♦ '• ft-4'
easement on the preliminary plat. 10 �N'H'�►� 0�:N. IP
Site Plan/Preliminary Plat j Q�'6 f♦ o-VS .11 0. --io•
The site plan involves the con- �-•• 'i '‘'.. '9""IP4 N r ' • St
struction of 40, R1-13.5 single — '���� �♦I c1aRM-2 '"'
family lots. All of the lots meet L/ c ; ,, n; _6 t
the minimum square footage require- , L
ment; however, there are nine that �ta1\� 7914 .+ .lam :'
r. 'J
' AREA LOCATION MAP`
C- C
Lake Eden North 2 December 6, 1985
do not meet minimum frontage requirements. Lots 10, 11, and 12, Block 1, need an
additional three feet of street frontage to meet the 55-foot minimum requirement on
a cul-de-sac radius. Lots 6 through 12, Block 2, do not meet the minimum 85-foot
street frontage requirement. Since excess lot frontage does not exist on any of the
adjacent lots, one option would be to revise the plat to meet the minimum 85-foot
frontage requirement which would result in the loss of one lot. Another option
would be for the proponent to apply for a lot frontage variance with the Board of
Appeals. This may have merit since all lots are 85 feet wide at the building
setback.
Grading
The existing topography indicates a high point at about elevation 832 in the
northeast corner of the site, down to a low point at elevation 808 in the southwest
corner of the site, which is a low area adjacent to Lake Eden. A minimal amount of
site grading will occur due to the fact that walk-out units are proposed along the
south side of Grier Lane. The change in the location of Grier Court allows for less
grading than the original plan in this portion of the site and results in a road
which is not as steep.
Roads
It is current City policy to eliminate all unnecessary cul-de-sacs. Grier Court
could be looped back to Grier Lane, but it would result in the loss of two lots.
f Staff feels that the road looping would create an inefficient lotting pattern.
t Utilities
Storm water run-off is proposed to drain in a southwesterly direction into Lake
Eden. Water will drain through a series of catch basins and extend through a storm
sewer pipe down into the wetland area. Lake Eden is not classified as a shoreland
area and shoreland setbacks will not apply. Since much of the land area is not at
an elevation much above the high water level, it should be required that drain tiles
be installed around each home. All lots are 13,500 square feet, or greater, outside
of the high water mark.
Sewer and water service can be extended into this site by connection to utilities in
Preserve Boulevard and Franlo Road. The developer will be installing all
improvements.
Open Space/Sidewalks
The Director of Community Services indicated that the land area adjacent to Lake
Eden across the back of the lot south of Grier Lane should be dedicated as open
space to the City. A five-foot wide concrete sidewalk will be constructed within
Preserve Boulevard right-of-way this Spring.
STAFF RECOMMENDATIONS
Staff would recommend approval of the request for Zoning District Change from Rural
to R1-13.5, and Preliminary Plat of 32.5 acres into 40 lots, based on plans dated
November 12, 1985, and subject to the following conditions:
1. Prior to Council review, proponent shall:
A. Modify the preliminary plat to provide for minimum street frontages
per Ordinance for R1-13.5 lots.
c c
Lake Eden North 3 December 6, 1985
2. Prior to Final Plat, proponent shall:
A. Submit detailed storm water run-off, and erosion control plans for
review by the Watershed District.
B. Submit detailed storm water run-off, erosion control, and utility
plans for review by the City Engineering Department.
C. Dedicate the area identified as a drainage utility easement as an
outlot to the City for park purposes.
3. Prior to Building permit issuance, proponent shall:
A. Notify the City and Watershed District at least 48 hours in advance
of grading.
B. Pay the appropriate Cash Park Fee.
C
/ •
MEMORANDUM
{ TO: Parks, Recreation and Natural Resources Commission
FROM: Bob Lambert, Director of Community Services
DATE: December 11, 1985
SUBJECT: Supplementary Staff Report to the December 6, 1985 Planning
Staff Report on Lake Eden North
This development proposes the construction of 40 R1-13.5 single family lots on
32.5 acres. This is a revision from a plan that was approved in 1978. The
only concern the Community Services Staff have with this proposal is the
extension of lot lines through the lake to the higher ground on the south side
of the lake abating the school and City park property.
Please refer to the attached City map that depicts the existing Lake Eden Park
shaded and the school property in a darker shade, and it also depicts Outlot D
in a double cross hash, which is property including the west half of Lake Eden
that has been committed for dedication to the City of Eden Prairie. The
single hash mark area, which depicts the 808 contour of Lake Eden and the land
between Lake Eden and the public property is property, should be either
dedicated by the developer for park property or purchased by the City at this
time.
With the acquisition of this portion of the site, the City would eventually
control approximately three-fourths of the shoreline of Lake Eden in public
ownership.
This lake and adjacent shoreline have the potential to be an excellent
wildlife area for waterfowl and even has the potential for a fish management
program with aeration, if the City decided to manage that lake in the future.
All of the property is below the 815 contour, which is the flood high water
elevation; therefore, the property should have a minimal value if the City
were to purchase that property. The real value, of course, is the frontage on
the man-made lake.
The Community Services Staff recommend approval of Lake Eden North subject to
a decision regarding the dedication or sale of the above mentioned portion of
the site.
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UNAPPROVED PLANNING COMMISSION MINUTES
DECEMBER 9, 1985
0. EDEN LAKE NORTH, by Commercial Excavating, Inc. Request for Zoning
District Change from Rural to R1-13.5 on 19.2 acres and Preliminary
Plat of 32.65 acres into 40 single family lots. Location: Southwest
quadrant of Preserve Boulevard and Franlo Road. A public hearing.
Mr. Dick Putnam, Tandem Corporation, representing proponent, reviewed the
site characteristics and features with the Commission. He stated that the
site had not been developed, partially due to poor soils across the majority
of the parcel. The proponents were in a good position at this time to make
corrections to those soils, thereby making the site more suitable for
development.
Planner Enger reviewed the findings and conclusions of the Staff Report
dated December 6, 1985. He noted that the body of water at the south end of
the property, known as Lake Eden, made the property subject to the Shoreland
Management sections of the City Code. The lots in this location would need
to be 'platted at the Normal Ordinary High Water Mark, not into the lake.
The City was also asking that the property below the Normal Ordinary High
Water Mark be dedicated to the City to become part of the park adjacent to
the property to the south.
Hallett asked where the closest sidewalk was located. Mr. Putnam responded
that it was located to the east, along Preserve Boulevard. Hallett
suggested that there also be a sidewalk, or trail, located along Grier Lane.
He noted that there would be a school built in this vicinity and that the
children living in this area would not be within bussing distance.
Therefore, sidewalks, or trails, should be provided for their safety. Mr.
Putnam responded that proponents felt this would make sense, if the
sidewalk, or trail, were also connected to Franlo Road, providing pedestrian '
access to Eden Prairie Center and the Hennepin County Library to the north.
The Commission discussed the location of the sidewalks, or trails, with
proponent. It was determined that these should be located along the south
and west sides of Grier Lane, with the intention of connecting to pedestrian
access along Franlo Road in the future.
Chairman Schuck asked for comments and questions from members of the
audience. There were none.
MOTION 1:
Motion was made by Gartner, seconded by Hallett, to close the public
hearing.
Motion carried--4-0-0
MOTION 2:
Motion was made by Gartner, seconded by Hallett, to recommend to the City
Council approval of the request of Commercial Excavating, Inc., for Zoning
District Change from Rural to R1-13.5 for 19.2 acres to be known as Eden
( Lake North, based on plans dated November 18, subject to the recommendations
of the Staff Report dated December 6, 1985, with the addition following
condition: Sidewalks, or trails, shall be located along the south and west
sides of Grier Lane to the property border.
Motion carried--4-0-0
MOTION 3:
Motion was made by Gartner, seconded by Hallett, to recommend to the City
Council approval of the request of Commercial Excavating, Inc., for
Preliminary Plat of 32.65 acres into 40 single family lots to be known as
Eden Lake North, based on plans dated November 18, 1985, subject to the
recommendations of the Staff Report dated December 6, 1985, with the
addition of the following condition: Sidewalks, or trails, shall be located
along the south and west sides of Grier Lane to the property border.
Motion carried--4-0-0
•
•
•
;J
•
f CITY OF EDEN PRAIRIE
1 HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-12
A RESOLUTION APPROVING THE AMOCO OIL COMPANY
PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT
TO THE OVERALL NATIONAL CHILD CARE PLANNED UNIT DEVELOPMENT
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for
the Planned Unit Development (PUD) of certain areas located within the City; and,
WHEREAS, the Amoco Oil Company plan is considered a proper amendment to the
overall National Child Care Planned Unit Development Concept; and,
WHEREAS, the City Planning Commission did conduct a public hearing on the
request of Amoco Oil Company for PUD Concept Amendment approval to the overall
National Child Care Planned Unit Development Concept for Amoco Oil Company and
recommended approval of the PUD Concept Amendment to the City Council; and,
WHEREAS, the City Council did consider the request on January 7, 1986;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Amoco Oil Company PUD Concept Amendment, being in Hennepin
County, Minnesota, and legally described as outlined in Exhibit A,
is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval to
the overall National Child Care Planned Unit Development Concept as
outlined in the application materials for Amoco Oil Company dated
November 18, 1985.
3. That the PUD Concept Amendment meets the recommendations of the
Planning Commission dated December 9, 1985.
ADOPTED by the City Council of Eden Prairie this 7th day of January, 1986.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
f
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #86-13
RESOLUTION APPROVING THE PRELIMINARY PLAT OF AMOCO OIL COMPANY FOR
AMOCO OIL COMPANY
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Amoco Oil Company for Amoco Oil Company, dated November
19, 1985, consisting of 6.79 acres into one lot and one outlot, a copy of which is
on file at the City Hall, is found to be in conformance with the provisions of the
Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein
approved.
ADOPTED by the Eden Prairie City Council on the 7th day of January, 1986.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
4
( l
STAFF REPORT
TO: Planning Commission
FROM: Donald R. Uram, Assistant Planner
THROUGH: Chris Enger, Director of Planning
DATE: December 6, 1985
SUBJECT: Amoco Oil Company
LOCATION: Southeast quadrant of Highway #169 and Anderson Lakes Parkway
APPLICANT: Amoco Oil Company
FEE OWNER: Thomas K. Carpenter
REQUEST: 1. Planned Unit Development Amendment Review on 17.28 acres.
2. Zoning District Change from Rural to C-Regional-Service on
1.4 acres.
3. Preliminary Plat of 6.79 acres into one lot and one outlot.
Background �'`/`v= `� ' i
( f/`yr`
This tract of land is currently . \ w
designated on the Eden Praire Guide '�� .
Plan as �' "guided for Neighborhood �` --
Commercial. Surrounding land uses !•• , '+,�- ;
include existing Single Family to 2-'
the east, Neighborhood Commercial to /
the north and south, and Office uses (
to the west across U.S. Highway I ':�
#169. The current request is for a __ -_1 110`4""
Planned Unit Development (PUD) i'
Amendment to allow for the con-
struction of the Amoco service / ROAD , ��
station/convenience center facility r I / 1
and a rezoning from Rural (RU) to PROPOSED SITE �fp
Commercial Regional Service (C-Reg- + .iJ
Ser).
Existing Planned Unit Development —~( '11 295 K. IT:
R
This site is part of the Anderson -
Lakes Parkway neighborhood shopping '_�. ' �—
11
center PUD approved in 1980. The
original plan was approved for four l',."':!buildings including two restaurants ,
AREA LOCATION MAPS
C C
Amoco Oil Company 2 December 6, 1985
containing 5,500 square feet and 4,200 square feet and two commercial buildings,
each containing 15,000 square feet. Total building square footage was 39,700 at a
7.49 Floor Area Ratio (FAR).
In 1984 the PUD was amended for the National Child Care facility opposite this site.
The PUD was amended to reflect the 7,280 square foot daycare facility.
The amended PUD includes the elimination of the 4,200 square foot restaurant at the
intersection of Anderson Lakes Parkway and U.S. Highway #169 and replacement with a
1,380 square foot service station/convenience center facility. Additional
modifications to the PUD includes a redesign of the parking lot area to allow for
the separation of uses between the Amoco Station and proposed commercial building to
the south. Total building square footage for all uses at this time is 36,060.
Land Use
According to the City's Comprehensive Guide Plan, the definition of Neighborhood
Commercial includes "those uses which can be accommodated in less than 50,000 square
feet of retail area and would include a small convenience grocery store, restaurant,
service station, ... professional offices, etc." Both the previously approved use
and the proposed use are considered appropriate within a Neighborhood Commercial
Guide Plan designation.
However, is this an appropriate use for the particular site. On examining this
question, Staff took the following factors into consideration; 1) location 2)
access 3) surrounding land uses.
Located at the intersection of Anderson Lakes Parkway and U.S. Highway #169, this
site is highly visible and has excellent access from Aztec Orive and surrounding
neighborhoods. With the exception of the small convenience store proposed within
the Parkway Office/Service Center and the Major Center Area, this facility will
probably be the major provider of services in this area. Customers for the Amoco
service station/convenience center can be expected from the existing single family
neighborhoods to the east, the office and multi-family uses to the west, and from
traffic along U.S. Highway #169 and Anderson Lakes Parkway once it is completed.
Staff feels that basd on the preceeding discussion and on the services that it will
provide to this area, that the land use is appropriate, and with proper site
planning, shall have no adverse affect on surrounding properties.
Site Plan
The site plan depicts the construction of a service station/convenience center
facility and a car wash on a 1.4-acre site located at the intersection of Anderson
Lakes Parkway and Aztec Drive. The project will consist of a 19-foot by 44-foot
convenience center centered between two rows of pump islands and a 17-foot by 32-
foot self-service car wash located on the southern boundary of the site. Covering
the pump islands and convenience center will be a 63-foot by 104-foot canopy. This
canopy will be 17 feet in height. Total building square footage is 1,380. The
building and parking areas meet the requirements of the C-Regional Service Zoning
District.
Staff has some concerns regarding the future drive which is located west of the
proposed service station/convenience center. In conversation with the proponent,
c c
Amoco Oil Company 3 December 6, 1985
( they have stated that this drive may be used for an instant teller machine or a
similar use, although no definite plans have been made. Should they decide to
proceed with this however, a plan should be submitted to the Planning Staff for
review.
Access and Parking
Access to this site will be from two driveways located on Aztec Drive directly
opposite those servicing the existing daycare facility. The northerly driveway,
located approximately 110 feet south of the intersection of Anderson Lakes Parkway
and Aztec Drive has been designated as a one-way "in only" driveway. Section 11.03
(7) (C) states that the maximum driveway width for one-way traffic is 20 feet. The
current proposal indicates a driveway width of 32 feet which is twelve feet above
the maximum. The site plan shall be revised to reflect current Code regulations.
The southerly-most driveway has been designed for two-way traffic and meets Code
requirements for driveway design.
Grading
The site slopes from a high elevation of 884 in the northeast corner adjacent to
Anderson Lakes Parkway to a low point elevation of 872 along the east property line
adjacent to Aztec Drive. A total elevation difference between the high and low
point is approximately twelve feet. Site grading primarily involves a leveling of
the center portion of the site to allow for the construction of the parking lot and
building pad. Other grading being done is the construction of berming along
Anderson Lakes Parkway and U.S. Highway #169.
Landscaping
As proposed, the landscape plan meets total caliper inch requirement of the
landscape ordinance. A total of 198.5 caliper inches are provided. Plantings, in
conjunction with the proposed berms, appeared to screen the parking areas and
service station facility; however, to further screen these areas, Staff recommends
additional mass plantings of evergreen trees along the south property line and at
the northeast corner of the site. The intent of these plantings are to screen views
from U.S. Highway #169 and Anderson Lakes Parkway. In addition, Staff is
recommending that the berm along Anderson Lakes Parkway be increased to a minimum of
six feet in height. In order to evaluate the effectiveness of a revised grading and
landscape plan in regards to screening, Staff recommends that the proponent submit
site lines from U.S. Highway #169 and Anderson Lakes Parkway for review.
Architecture
Two buildings are proposed for this site. A service station/convenience center
measuring 19 feet by 44 feet and a car wash measuring 17 feet by 32 feet are being
proposed. These buildings will contain 836 square feet and 544 square feet
respectively. In addition, the service station/convenience center and pump islands
will be covered by a 63-foot by 104-foot, 6,522 square foot metal canopy. The
canopy will be 17 feet in height which includes a 30-inch mansard metal fascia.
Primary building materials will consist of a concrete block construction with a
four-inch facebrick exterior. The brick shall be a tan color approximating the
color used on the daycare center. Columns for the canopy will also be faced in the
same brick. Fascia materials are dark gray metal and will be mansard in design
rather that vertical, to compliment the mansard fascia of the daycare center. Color
(
Amoco Oil Company 4 December 6, 1985
and material samples of the exterior building materials shall be submitted prior to
Council review.
Utilities
Water and sanitary sewer service are available to this site. Connections to these
services will be made to an existing eight-inch water main located within the Aztec
Drive right-of-way and into an existing manhole and eight-inch sanitary sewer line
also within the Aztec Drive right-of-way.
Storm water run-off is proposed to sheet drain across the proposed parking lot into
an existing catch basin and storm sewer system located just to the south of the site
along Aztec Drive. City policy requires that storm water run-off shall be collected
within a storm sewer system on-site rather than sheet draining to the street, thus a
redesign of the parking lot shall include a catch basin and storm sewer system.
Signage
A six-foot by ten-foot Amoco sign is proposed in the northeast corner of the site at
the intersection of Aztec Drive and Anderson Lakes Parkway. Proponents shall submit
detailed drawings for this and any other proposed signage for Staff review.
Lighting
Proponents shall provide an overall lighting plan with details illustrating
location, proposed height, and type of lighting structures for Staff to review. In
(- Commercial areas, City standard is a 2D-foot high downcast cut-off luminar.
Staff has some concerns regarding off-site glare from the canopy due to its 17-foot
height. In order to reduce this glare, suggestions include recessing the lights
into the canopy or extending the roof line down which, in effect, also provides
recessed lighting. The proponent is expected to explore various design alternatives
for reducing off-site glare from the canopy lights.
Preliminary Plat
The preliminary plat depicts a division of Outlot A, Anderson Lakes Commercial
Center into one lot containing 1.408 acres and one outlot containing 5.383 acres.
Total site size is 6.791 acres.
Design Framework Manual
In a previous Staff Report dated April 6, 1984, for the National Child Care Center,
condition D of the recommendation for approval stated that "prior to any future
rezoning or platting, proponent shall provide a design framework manual outlining
provisions for common site planning, architecture, landscaping, screening, walkways,
lighting, and signage for the balance of the property for review." This condition
was also included within the PUD-Developer's Agreement dated June 5, 1984. Staff
feels that this requirement should be adhered to and recommend that prior to Council
review of this project, an overall design framework manual for the entire PUD be
submitted.
'5r,
C
Amoco Oil Company 5 December 6, 1985
STAFF RECOMMENDATIONS
Staff feels that the proposed use (service station/convenience center) is an
appropriate use for this site and thus would recommend approval of the PUD
Amendment, Rezoning from Rural to C-Regional Service, and Preliminary Platting of
one outlot into one lot and one outlot subject to the following conditions:
1. Prior to City Council review, proponent shall:
A. Modify the site plan to include an on-site catch basin and storm
sewer system including the proposed connection with an existing
storm sewer within Aztec Drive.
B. Modify the site plan to reflect the current Code regulations
regarding one-way driveway design.
C. Modify the landscape plan to include additional mass plantings of
evergreen trees along the south property line and in the northeast
corner of the site to help screen views from U.S. Highway #169 and
Anderson Lakes Parkway.
D. Modify the grading plan to reflect a minimum six-foot berm height
along Anderson Lakes Parkway.
E. Provide site lines from U.S. Highway #169 and Anderson Lakes Parkway
for Staff to review in order to evaluate the effectiveness of the
proposed berming and landscaping.
F. Submit a design framework manual outlining provisions for common
site planning, architecture, landscaping, screening, walkways,
lighting, and signage, for the balance of this property for review.
G. Submit color and building material samples for review and approval.
H. Provide lighting details for review including alternatives for
reducing off-site glare from the canopy.
I. Provide signage details for review.
2. Prior to Final Plat, proponent shall:
A. Submit detailed storm water run-off and erosion control plans for
review by the Watershed District.
B. Submit detailed storm water run-off, erosion control, and utility
plans, for review by the City Engineering Department.
;. Prior to Building permit issuance, proponent shall:
A. Pay the appropriate Cash Park Fee.
B. Notify the City and Watershed District at least 48 hours in advance
of grading.
C. Provide plans for review by the Fire Marshal.
UNAPPROVED PLANNING COMMISSION MINUTES
DECEMBER 9. 1985
•
E. AMOCO OIL COMPANY, by Amoco Oil Company. Request for Planned Unit
Development Amendment Review on 17.28 acres, Zoning District Change
from Rural to C-Regional Service on 1.4 acres and Preliminary Plat
of 6.79 acres into two lots for construction of a self-service gas
station, convenience store, and car wash. Location: Southeast
quadrant of Highway #169 and Anderson Lakes Parkway. A public
hearing.
Mr. Jim Phillippi, representing proponent, reviewed the site plan features
and site characteristics with the Commission. Planner Uram reviewed the
findings and conclusions of the Staff Report regarding the project. One of
the main concerns of Staff was the visibility of this site from adjacent
surrounding properties and from greater distances. Another concern was that
of glare from site lighting. Also, it was noted in review of the property
that this project was part of a previously approved Planned Unit Development
(PUD). That PUD called for a development framework manual at the time of
development of the next site. Therefore, it would be required as part of
the development of this property.
Regarding glare from the site lighting, Planner Franzen stated that Staff
had reviewed the lighting in comparison to other sites in the City. It was
found that the majority of those sites using similar lighting to that
proposed for this site were sites adjacent to other commercial, or
industrial, uses. This site was adjacent to single family residential
development. There had been problems in other parts of the community when
commercial uses abutted single family developments with this type of
lighting.
Mr. Phillippi stated that proponents were concerned that the property
owners, not the developers of this site, be responsible for the design
framework manual required as part of the previously approved PUD. He stated
that he would be in contact with them immediately.
Mr. Phillippi also expressed concern for Staff recommendation regarding the
height of the canopy on the property. He noted that the elevation of the
property dropped ten feet between the location of the canopy and Highway
#169. Planner Enger stated that the concern of Staff was that this was an
entrance to a residential neighborhood.
Mr. Harlan MacGregor, Amoco Oil, asked for more specific details regarding
Staff's requirements for the lighting standards. Staff explained the type
of lighting standards used in situations like this to minimize glare. Mr. '
MacGregor stated that he felt this was a realistic request and that
proponents would comply.
Gartner noted that there was another Amoco Oil station located in close
proximity to this one along Highway #169. She asked proponents how many '
stations the City could support. Mr. MacGregor stated that, based on their
marketing research, the City was ready for this one.
Chairman Schuck asked for questions and comments from members of the
audience. There were none.
1.
MOTION 1:
{, Motion was made by Gartner, seconded by Dodge, to close the public hearing. •
Motion carried--4-0-0
MOTION 2:
Motion was made by Gartner, seconded by Dodge, to recommend to the City
Council approval of the request of Amoco Oil Company for Planned Unit
Development Amendment Review on 17.28 acres and Zoning District Change from
Rural to C-Regional Service on 1.4 acres for a self-service gas station,
convenience store, and car wash, based on plans dated November 18, 1985,
subject to the recommendations of the Staff Report dated December 6, 1985.
Motion carried--4-0-0
MOTION 3:
Motion was made by Gartner, seconded by Dodge, to recommend to the City
Council approval of the request of Amoco Oil Company for Preliminary Plat of
6.79 acres into two lots for construction of a self-service gas station,
convenience store, and car wash, based on plans dated November 18, 1985,
subject to the recommendations of the Staff Report dated December 6, 1985.
Motion carried--4-0-0
DECEMBER 31,1985
'02 VOID CHECK 7.25-
'i .32 VOID CHECK 620.00-
24533 VOID CHECK 5406.82-
24545 HAZARD CONTROL INC WARNING TAPE -FIRE DEPT 62.00
24546 HOPKINS POSTMASTER POSTAGE MACHINE -CITY HALL 5000.00
24547 ROGER BERG TIME FOR AIR UNIT - COMMUNITY CENTER 15.00
24548 INSTY PRINTS PRINTING -SR CENTER 91.17
24549 MARION MILLER KIDS KORNER INSTRUCTOR -FEES PD 246.00
24550 JEANETTE GILLIS KIDS KORNER INSTRUCTOR - FEES PO 128.00
24551 KATHRYN ARVOLD REFUND -SWIMMING LESSONS 9.50
24552 JOSEPH GAETTI REFUND -SWIMMING LESSONS 9.75
24553 JAMIE OLSON REFUND -SWIMMING LESSONS 9.50
24554 CHRISTOPHER VINELLA REFUND -SWIMMING LESSONS 9.50
24555 MARISA VINELLA REFUND -SWIMMING LESSONS 9.50
24556 TWIN CITY WINE CO LIQUOR 7442.74
24557 GRIGGS COOPER & CO INC LIQUOR 990.42
24558 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 39.07
24559 EAGLE WINE CO LIQUOR 5198.63
24560 PAUSTIS & SONS CD WINE 164.75
24561 CAPITOL CITY DISTRIBUTING CO WINE 625.86
24562 QUALITY WINE CO WINE 1535.27
24563 INTERCDNTINENTAL PCKG CO WINE 23.06
24564 ED PHILLIPS & SONS CO LIQUOR 11240.55
24565 NORTHWESTERN BELL TELEPHONE CO SERVICE 1252.71
24566 CENTUR FORGE LTD ANVIL -PARK MAINT 430.00
7"567 PETTY CASH CHRISTMAS PARTY 30.00
iB JASON AMUNDSEN REFUND SKI LESSONS 4.00
24 69 MN DEPT OF P/S MOTOR VEHICLE REGISTRATION 5.25
24570 KRAEMER BUILDING SERVICES MOTOR-COMMUNITY CENTER 102.34
2457I DANA GIBBS PACKET DELIVERIES 52.00
24572 HOPKINS POSTMASTER POSTAGE FOR SENIDR CENTER 35.72
24573 FEDERAL RESERVE BANK PAYROLL 12/13/85 31786.81
24574 COMMISSIONER OF REVENUE PAYROLL 12/13/85 11545.17
24575 COMMISSIONER OF REVENUE NOVEMBER FUEL TAX 447.27
24576 COMMISSIONER OF REVENUE NOVEMBER SALES TAX 14617.09
24577 NATIONAL CITY BANK OF MINNEAPOLIS BOND PAYMENTS 127987.48
24578 HOPKINS POSTMASTER POSTAGE FOR WINTER BROCHURE 855.90
24579 US POSTMASTER BULK MAILING FEE PERMIT #241 50.00
24580 CITY-COUNTY CREDIT UNION PAYROLL 12/13/85 1810.00
24581 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 12/13/85 15359.04
24582 GREAT WEST LIFE ASSURANCE CO PAYROLL 12/13/85 5060.00
24583 ICMA RETIREMENT CORP PAYROLL 12/13/85 1856.00
24564 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 12/13/85 10.00
24585 INTL UNION OF OPERATING ENG DECEMBER 85 UNION DUES 609.00
24586 PERA PAYROLL 12/13/85 17908.91
24587 RONALD CRAWLEY DONUTS WITH SANTA 25.00
24588 PETTY CASH EXPENSES 66.35
24589 PADGETT THOMPSON SEMINAR - PLANNING OEPT 130.00
24590 U S POSTMASTER POSTAGE FOR MAILING HOMESTEAD CARDS 1305.00
24591 HOLIDAY INN DULUTH EXPENSES -SKI WEEKEND -FEES PD 100.00
24592 NORTHERN STATES POWER CO SERVICE 20151.B9
2" 13 PRIOR WINE CO WINE 63.49
2 J4 CAPITOL CITY DISTRIBUTING CO WINE 254.60
24595 ED PHILLIPS & SONS CO LIQUOR 7058.77
24596 TWIN CITY WINE CO WINE 5198.02
29298601
2459i EAGLE WINE CO LIQUOR 8276.64
24598 GRIGGS COOPER & CO INC LIQUOR 802.42
( 599 QUALITY WINE CO WINE 1663.30
`z,600 TOM EASTMAN -REIMBURSEMENT FOR FREIGHT CHARGES - 32.56
COMMUNITY CENTER
24601 AT & T INFORMATION SYSTEMS SERVICE 13.80
24602 AT & T INFORMATION SYSTEMS SERVICE 831.75
24603 AT & T COMMUNICATIONS SERVICE 143.17
24604 MINNEGASCO SERVICE 10950.58
24605 NORTHERN STATES POWER CO SERVICE 3418.51
24606 VOID CHECK 0.00
24607 SCOTT OLSON REFUNO SWIMMING LESSONS 9.75
24608 NORTHWESTERN BELL TELEPHONE CO SERVICE 1624.13
24609 MINN POLLUTION CONTROL AGENCY COLLECTION SYSTEM OPERATORS SEMINAR 65.00
24610 UNIVERSITY OF MINNESOTA BASIC SUPERVISION COURSE -STREET DEPT 190.00
24611 MICHAEL ROTHER REFUND WINTER DAY CAMP 12.00
24612 MINNESOTA RECREATION & PARK ASSOC BROOMBALL TEAM REGISTRATION 132.00
24613 MINNESOTA SECRETARY OF STATE -CERTIFIED COPY OF CERTIFICATE OF 7.00
DISSOLUTION
24614 TWIN CITY WINE CO WINE 816.55
24615 EAGLE WINE CO WINE 4403.42
24616 ED PHILLIPS & SONS CO LIQUDR 1B97.86 j
24617 CAPITOL CITY DISTRIBUTING CO LIQUOR 499.88 t
2461E PRIDR WINE CO WINE 44.34
24619 QUALITY WINE CO WINE 335.48
24620 GRIGGS COOPER & CO INC LIQUOR 23.40
24621 EDWARD STELBERG REFUND -SATURDAY SKI CLUB 102.50
'522 DANIELLE STANNARD REFUND -SNOWTUBING 8.50
23 TRACY OLSON REFUND -SNOWTUBING 8.50
24624 AIMEE MELIGY REFUND -SNOWTUBING 8.50
24625 FEDERAL RESERVE BANK 12/31/85 PAYROLL 16428.03
24626 COMMISSIONER OF REVENUE 12/31/85 PAYROLL B162.21
24627 DEPT OF EMPLOYEE RELATIONS 12/31/85 PAYROLL 18138.04
24628 UNITED WAY OF MINNEAPOLIS 12/31/85 PAYROLL 211.81
24629 GREAT WEST LIFE ASSURANCE CO 12/31/85 PAYROLL 4639.00
24630 ICMA RETIREMENT CORP 12/31/85 PAYROLL 185E1.00
24631 MN ST RETIREMENT SYSTEM 12/31/85 PAYROLL 10.00
24632 CITY/COUNTY CREDIT UNION 12/31/85 PAYROLL 1810.00
24633 NORWEST BANK HOPKINS 12/31/85 PAYROLL 720.00
24634 PERA 12/31/85 PAYROLL 20754.48
24635 SUBURBAN NATIONAL BANK 12/31/85 PAYROLL 250.00
10950311
$402489.12
DECEMBER 31, 1985
CASH DISBURSEMENTS BY FUND NUMBER
10 GENERAL 197034.59
15 LIQUOR STORE-P V M 41673.51
17 LIQUOR STORE-PRESERVE 31732.91
f 4 UTILITY DEBT FUND 113276.39
\ ,5 IMPROVEMENT DEBT FUND ARB 94.00
73 WATER FUND 4035.02
77 SEWER FUND 25.61
81 TRUST k ESCROW FUND 14617.09
$402489.12
•
JANUARY 7,1986
24636 A CDMMERCIAL DDOR CO REPLACE COUPLER KEY -P/W BLDG 132.16
24637 A & H WELDING & MFG CO STEEL BARS - PARK MAINTENANCE 45.00
?"3B ACRO-MINNESOTA INC OFFICE SUPPLIES 777.23
39 ADCO REFUND OVERPAYMENT OF WATER & SEWER BILL 250.00
24640 STUART ALEXANDER MILEAGE 40.75
24641 AMERICAN NATIONAL BANK SERVICE 50.00
24642 AMI PRODUCTS INC -2 HYDRAULIC MOTORS FOR SANDERS/HOSE 502.06
COUPLING/CABLE/CONTROL LEVER -EQUIP MAINT
24643 EARL F ANDERSEN & ASSOC INC STREET SIGNS 354.90
24644 ARMOR SECURITY INC SECURITY SYSTEM 1-1-B6 TO 3-31-86 176.50
24645 DALE ARNDT DECEMBER B5 CUSTODIAL SERVICE 200.00
24646 ASPLUND COFFEE CO INC -COFFEE FOR CONCESSION STAND -COMMUNITY 171.70
CENTER
24647 ASTLEFORD INTL INC WIPER BLADES 31.90
24648 ARNIE BARNES VOLLEYBALL OFFICIAL - FEES PD 156.00
24649 BATTERY & TIRE WAREHOUSE INC -14 RADIAL TIRES/OIL FILTERS/BATTERIES/ 1847.67
-SPARK PLUGS/WIPER BLADES/FUSES/HEADLAMPS/
HEATER HOSES
24650 SCOTT BEHNKE COMMUNITY BAND DIRECTOR - FALL CONCERT 25.00
24651 BLACK & VEATCH SERVICE - WATER PLANT EXPANSION 41057.29
24652 TIM BLOCK BASKETBALL OFFICIAL- FEES PD 78.00
24653 SAM BLOOM IRON & METAL CD INC ANGLE IRON -EQUIPMENT MAINTENANCE 206.92
24654 CITY OF BLOOMINGTON OCTOBER & NOVEMBER 85 IMPOUND SERVICE 760.00
24655 BLOOMINGTON LOCKSMITH CO REPAIR LOCK -P/S BLDG 68.00
24656 BMB SERVICES -REBALANCE & CHECK PA SYSTEM FOR BLEACHERS 51.50
AND RINK - COMMUNITY CENTER
24657 LOIS BOETTCHER -SERVICE- PARK & REC CDMMISSION MEETING 54.00
DEC I6 1985
q -8 BOUSTEAD ELECTRIC & MFG CO REPAIR MOTOR - COMMUNITY CENTER 765.40
2 ,9 LEE BRANDT HOCKEY OFFICIAL -FEES PD 119.25
24660 LEE BRANDT HOCKEY OFFICIAL -FEES PD 40.00
24661 BRAUN ENG TESTING INC -SERVICE -TECHNOLOGY DRIVE/ANDERSON LAKES 4310.10
PARKWAY/PRESERVE BLVD
24662 BRW -SERVICE- SINGLETREE LANE/ANDERSON LAKES 23577.28
PARKWAY/VALLEYVIEW RD/PRAIRIE CENTER DR
24663 MIKE BURGETT BASKETBALL OFFICIAL -FEES PD 130.00
24664 BUTCHES BAR SUPPLY SUPPLIES - LIQUOR STORES 350.I3
24665 JAN CALHOON SEPT/OCT & NOV 85 MILEAGE 280.75
24666 JODY CARLIN RENEWAL OF DRIVERS LICENSE FEE 15.00
24667 CARLSON & CARLSON ASSOC EMPLOYMENT ASSISTANCE PROGRAM 704.00
24668 CHARTER BUILDERS REFUND FIRE HYDRANT METER DEPOSITS 200.00
24669 CHICAGO & NORTHWESTERN TRANSPORTA I YEAR LEASE AGREEMENT 60.00
24670 CITICORP INDUSTRIAL CREDIT JANUARY 86 RENTAL AGREEMENT 656.81
24671 COMMERCE NOAA NCDC SUBSCRIPTION - WATER DEPT 6.00
24672 COPY EQUIPMENT INC -REPAIR BLUEPRINT MACHINE/TAPE/XEROX 5B0.70
MYLAR/VELLUM/PAINT
24673 COST CUTTERS REFUND WATER & SEWER BILLS 140.32
24674 COUNTRY CLUB MARKET INC SUPPLIES -CITY HALL 153.43
24675 CROWN RUBBER STAMP CO DESK NAME PLATES 28.39
24676 CROWN RUBBER STAMP CO DESK SIGN -ENGINEERING DEPT 15.09
24677 CURLE PRINTING COMPANY INC BUSINESS CARDS - ASSESSING DEPT 36.74
24678 CURTIS INDUSTRIES BATTERY PROTECTANTS - EQUIPMENT MAINT 191.07
24679 CUTLER-MAGNER COMPANY QUICKLIME - WATER DEPT 1974.92
2 FRO DALCO PLASTIC BAGS/CLEANING SUPPLIES/COMM CENTER 182.12
2k. I DDRHOLT INC PRINTING OF FORMS -CITY HALL 729.00
823030E
I
24682 DRISKILLS SUPER VALU SOAP - POLICE DEPT 3.37 /
24683 KYLE J DUCHSCHERE EXPENSES 15.19
24684 DURO-TEST CORP LIGHT BULBS- LIQUOR STORE I73.42
45 EARL'S ART & DRAFTING SUPPLIES OFFICE SUPPLIES - PARK PLANNING 19.32
.o86 EAU CLAIRE COUNTY WITHHOLDING FROM EMPLOYEE PER COURT ORDER 1.00
246B7 CITY OF EDINA NOVEMBER 85 TESTS - WATER DEPT 182.50
246B8 EMERGENCY SERVICE SYSTEM INC REBUILD LIGHTBAR & SPEAKERS -FIRE DEPT 537.16
24689 EMPIRE-CROWN AUTO INC -TIRE SEALANT/BATTERY/SEAT COVERS/SCRAPERS 20B.57
AND FLOOR MATS
2469D CHRIS ENGER DECEMBER 65 EXPENSES 167.00
24691 EPA AUDIO VISUAL SLIDE TRAY- WATER DEPT 19.27
24692 ESS BROTHERS & SONS INC MANHOLE COVERS & STORM GRATES- SEWER DEPT 533.00
24693 FEED RITE CONTROLS INC CHLORINE - WATER DEPT 769.05
24694 FINANCE & COMMERCE 19B6 SUBSCRIPTION - ASSESSING DEPT 80.00
24695 FINLEY BROS ENTERPRISES NEW BROOMBALL GOALS - PARK MAINTENANCE 165.00
24696 FITNESS STORE FITNESS ROOM SUPPLIES -COMMUNITY CENTER 76.98
24697 FLAHERTY'S HAPPY TYME COMPANY SUPPLIES -LIQUOR STORE 156.00
24698 FLEET MAINTENANCE INC REPAIR TRANSMISSION -EQUIPMENT MAINT 1544.73
24699 FLOYD SECURITY 1986 SECURITY SYSTEM AGREEMENT 324.00
24700 FOSS PRINTING LICENSE STICKERS -FINANCE DEPT 165.00
24701 JOHN FRAME DECEMBER 65 EXPENSES 165.00
24702 G L CONTRACTING INC SERVICE- SHADY OAK ROAD 1043.00
24703 GENERAL COMMUNICATIONS INC RADIO REPAIRS & PARTS 466.43
24704 GOODYEAR AUTO SERVICE CENTERS 14 TIRES - POLICE DEPT 714.66
24705 MICHAEL W HAMILTON HOCKEY/BASKETBALL/VOLLEYBALL OFFICIAL -PD 116.00 i
247D6 HANCE SALES & SERVICE WEEDEATER -PARKS DEPT 279.95 1
24707 HARMON GLASS WINDSHIELDS- PARK MAINT & EQUIP MAINT 755.27
24708 ROGER HAWKINSON BASKETBALL OFFICIAL -FEES PD 78.00 !
2P'09 HENNEPIN CO DEPT OF PROPERTY TAX NOV 85 VOTER REGISTRATION VERIFICATIONS 32.48
4 0 HENN CTY-SHERIFFS DEPT -RENTAL & INSTALLATION FEES FOR RADIOS - 21205.40
POLICE & FIRE DEPT
24711 HENN CTY-SHERIFFS DEPT NOVEMBER 85 BOOKING FEE 139.60
24712 HENNEPIN TECHNICAL CENTERS HORSE RENTAL FOR DAY CAMP 2065.00
24713 HI FI SOUND ELECTRONICS TAPES FOR CITY CDUNCIL MEETINGS 16.96
24714 HONEYWELL INC OCT TO DEC 31 1985 MAINTENANCE AGREEMENT 3374.75
24715 ALLEN HOOKOM EXPENSES -HISTORICAL/CULTURAL COMMISSION 20.00
24716 IBM DEC & JAN 8611RSTALTh]EN�1 PAYMENT G4 v r►mMr:0.. 848.64
24717 INDEPENDENT SCHOOL DIST #272 -NOV 65 CUSTODIAL SERVICE/CONFERENCE ROOM 1795.26
RENTAL/RENTAL OF FOOTBALL FIELD
2471E INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS -WATER DEPT 17.70
24719 INTL CITY MANAGEMENT ASSOC BOOK -CITY MANAGER 65.00
24720 INTL OFFICE SYSTEMS INC TONER/MAINTENANCE AGREEMENT OCT - DEC 85 296.70
24721 INTL OFFICE SYSTEMS INC TYPEWRITER - WATER DEPT 951.00
24722 GARY ISAACS BASKETBALL OFFICIAL- FEES PD 52.00
24723 JAK OFFICE PRODUCTS OFFICE SUPPLIES - POLICE DEPT 30.86
24724 MARTY JESSEN BASKETBALL OFFICIAL -FEES PD 182.00
24725 PENNY JESSEN BASKETBALL OFFICIAL -FEES PD 90.00
24726 JM OFFICE PRODUCTS INC OFFICE SUPPLIES -WATER & POLICE DEPT 107.97
24727 JUSTUS LUMBER CO LUMBER - POLICE DEPT 34.32
24728 KARULF HARDWARE INC -COFFEE FILTERS/FLASHLIGHT/KEYS/COFFEE 152.64
-MAKER & SERVER/CEMENT/GREASE/FITTINGS/
SWITCH/PAINT/TAPE
24729 TOM KEEFE BASKETBALL OFFICIAL -FEES PD 1D4.00
24730 KOKESH ATHLETIC SUPPLIES INC ATHLETIC SUPPLIES 26.20
,48935
k
1
24731 RALPH KRATOCHVIL EXERCISE CLASS INSTRUCTOR -FEES PO 8.00
0.00
24732 LA HASS MFG & SALES INC REPAIR PLOW 46.50
'33 ROBERT LAMBERT DECEMBER 85 EXPENSES 176.00
..f34 LANCE SUPPLIES -LIQUOR STDRES 67.15
24735 LANG PAULY & GREGERSON LTD NOVEMBER 85 LEGAL SERVICE 13964.50
24736 LANG PAULY & GREGERSON LTD NOVEMBER 85 LANDFILL LEGAL SERVICE 211.25
24737 BOB LANZI VOLLEYBALL & BASKETBALL OFFICIAL -FEES PO 156.00
24738 LEEF BROS INC RUG SERVICE - POLICE & P/W BLOG 205.70
24739 LOGIS NOVEMBER 85 SERVICE 5702.76
24740 LYMAN LUMBER CO SPIKES - PARK MAINTENANCE 37.25
24741 M-R SIGN COMPANY INC FLASH TUBE - WATER DEPT 281.82
24742 M-V GAS CO FUEL - SENIOR CENTER 280.00
24743 MACQUEEN EQUIPMENT INC -PLOW FOR NEW TANDUM DUMP TRUCK-STREET 14170.54
DEPARTMENT
24744 MAGELSSEN PIANO TUNING PIANO TUNING SERVICE - SENIOR CENTER 45.00
24745 MASYS CORPORATION JANUARY 86 MAINTENANCE AGREEMENT 914.00
24746 MEOICAL OXYGEN & EQUIP CO OXYGEN CYLINDER 42.00
24747 METRO ALARM INC 1ST QUARTER 86 SECURITY SYSTEM 60.00
24748 METRO FONE COMM INC JANUARY 1986 PAGER RENTAL 54.12
24749 METRO PRINTING INC PRINTING OF CITY MAPS & LETTERHEAD 1552.00
24750 METROPOLITAN WASTE CONTROL COMM JANUARY 1986 SEWER SERVICE 88039.96
24751 MIDLANO PRODUCTS CO CONCESSION STAND SUPPLIES - COMM CENTER 349.45
24752 KAREN MICHAEL MILEAGE 62.23
24753 MPLS STAR & TRIBUNE CO EMPLOYMENT ADS - WATER DEPT 115.00
0.00
24754 MPLS STAR & TRIBUNE CO EMPLOYMENT AOS - POLICE OEPT 99.00
24755 MINNESOTA DAILY EMPLOYMENT AOS - COMMUNITY CENTER 28.00
' 56 MINNESOTA REC & PARK ASSOC VOLLEYBALL & BASKETBALL TOURNAMENT-FEES PO 645.00
57 MINNESOTA STATE TREASURER SNOWMOBILE SAFETY CERTIFICATES 56.00
24758 MINNESOTA SUBURBAN NEWSPAPERS INC EMPLOYMENT AD - WATER OEPT 71.50
24759 MINNESOTA SUBURBAN NEWSPAPERS INC AOS - LIQUOR STORES 496.64
24760 MINNESOTA SUBURBAN NEWSPAPERS INC -EMPLOYMENT ADS - POLICE/COMMUNITY CENTER/ 237.25
COMMUNITY CENTER
24761 MUNICILITE CO STROBE LIGHTS FOR TRUCKS - STREET OEPT 198.07
24762 PAUL MYERS BASKETBALL OFFICIAL -FEES PD 60.00
24763 NELSON OISTRIBUTORS SEALS - PARK MAINTENANCE 13.83
24764 NORTHERN STATES POWER CO SERVICE 4066.55
24765 NORTHWESTERN SALES COMPANY PRINTING -LIQUOR STORE 438.60
24766 OLSEN CHAIN & CABLE CO INC CHAIN & LINKS - PARK MAINTENANCE 54.62
24767 OAVID L OLSON CALCULATOR - ENGINEERING OEPT 12.64
24768 HARRY A ORTLOFF HOCKEY OFFICIAL - FEES PO 34.00
24769 JOHN PAFKO LICENSE RENEWAL FEES 15.00
24770 RICK PALMER BASKETBALL OFFICIAL -FEES PO 130.00
24771 MICHAEL PAULUK REFUND BEER & CIGARETTE LICENSE 22.00
24772 CONNIE PETERS MILEAGE - COMMUNITY CENTER 13.50
24773 PEPSI/7-UP BOTTLING CO CONCESSION STAND SUPPLIES - COMM CENTER 81.50
24774 JOYCE PHELPS SKATING INSTRUCTOR - FEES PO 1522.00
24775 PHOTOS INC REPROOUCTION OF NEGATIVES - PLANNING OEPT 273.00
24776 KEITH POKELA VOLLEYBALL & BASKETBALL OFFICIAL -FEES PO 117.00
24777 POMMER MFG CO INC TROPHIES -RACQUETBALL/VOLLEYBALL 576.00
24778 PRAIRIE ELECTRIC COMPANY INC -REPAIR SWIMMING POOL LIGHT & HEATER - 211.75
COMMUNITY CENTER
24779 R & R SPECIALTIES INC -HOSE/GASKET/SHARPEN ZAMBONI BLADES - 236.98
( COMMUNITY CENTER
13625466
24780 RADIO SHACK PHONE - BUILDING DEPT 44.94
24781 FRED RAZAVI VDLLEYBALL OFFICIAL -FEES PD 52.00
24782 RECREONICS CORP -MOUNTING FLANGE/ANCHOR SOCKET - COMMUNITY 37.20 1
CENT
( 1783 REED'S SALES & SERVICE LAWNER MOWER & WEEDEATER - PARK MAINTENANCE 608.56 €€
Z4784 RETAIL DATA SYSTEMS OF MINNESOTA -1986 CASH REGISTER MAINTENANCE CONTRACT- 1002.00
LIQUOR STORE
24785 RETAIL DATA SYSTEMS OF MINNESDTA SUPPLIES - LIQUOR STORE 109.08 24786 RICHFIELD BUS CO BUS SERVICE -COMMUNITY SERVICE PROGRAMS 130.00 24787 RIDGE DOOR SALES CO OF MN INC REPAIR FIRE STATION DOOR 154.5D i
24768 RIEKE-CARROLL-MULLER ASSOC INC SERVICE - GOLDEN TRIANGLE DRIVE 611.5E
24789 ROAD MACHINERY & SUPPLIES CO ROD FOR SUOWPLOIi EQUIPMENT MAINTENANCE 122.13
24790 ROAD RESCUE INC REPLACE WIRING ON-DECKLIGHT SWITCHES 54.93
24791 ROOT-O-MATIC SEWER SERVICE SERVICE - LAUREL DRIVE 42.00
24792 ROBERT RYAN HOCKEY OFFICIAL -FEES PD 31.D0
24793 RYANS RUBBER STAMPS STAMP - ENGINEERING DEPT 6.50
24794 WAYNE R SANDERS EXPENSES - BUILDING DEPT 15.00
24795 KURT A SANDNESS HOCKEY OFFICIAL -FEES PD
24796 ELIZABETH SAUGEN VOLLEYBALL DFFICIAL -FEES PD 156.00
24797 ERIC SAUGEN VOLLEYBALL OFFICIAL -FEES PD 299. D
24798 SHAKOPEE FORD INC -2 SPEED SHIFT/BLOWER MOTOR/CABLE/CARB 3919.37
24799 STEVEN R SINELL KIT
24799 W GORDDN SMITH CD DECEMBER 85 EXPENSES 174.DD
TRIES/REGULAR GASULBS/SPARK G$3177.0p5/PUMP OIL/CABLE 3339.1D
24801 KARY SMITH BASKETBALL DFFICIAL -FEES PD 46.OD
24802 RUSSELL SMITH ASSOCIATES INC SERVICE -DELL ROAD 500.00
24803 SNAP ON TOOLS CORP SOCKET SET/SCREWDRIVER - STREET DEPT 43.60
24804 SNAP PRINT-WEST PRINTING - COMMUNITY SERVICES 135.00
4605 SOUTHWEST SUBURBAN CABLE CDMMISSI 1ST QTR 86 CABLE TV OPERATING EXPENSES 1533.82
( .806 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS - SKATING RINK ATTENDANTS 136.00
248D7 SOUTHWEST SUBURBAN PUBLISH INC NOV & OEC 85 HAPPENINGS/NOV 85 LEGAL ADS 1916.39
24808 EMMETT STARK FALL QUARTER B5 COMMUNITY BAND DIRECTOR 375.OD 24809 SUBURBAN CHEVROLET -REPAIR REAR WINDOW DEFDGGER/HOSE/REPAIR 336.31
DOOR LOCK - POLICE DEPT
24810 SULLIVANS SERVICES INC SERVICE -P/W & P/S BUILDINGS 75.OD
24811 VALERIE K SWANSDN VOLLEYBALL OFFICIAL -FEES PD 104.00
24812 T & E CONSTRUCTION OVER CHARGED FOR BUILDING PERMIT 503.77
24813 LORNA J THOMAS MILEAGE - ASSESSING DEPT 8.00
24814 TIERNEY BROTHERS INC KROY TAPE RIBBON- PARK PLANNING 122.34
24815 TRACY OIL CO INC UNLEADED GAS - STREET DEPT 8828.95
248I6 TWIN CITY HOME JUICE CD SUPPLIES - LIQUOR STORE 81.06
24817 KEVIN TIMM BASKETBALL OFFICIAL - FEES PD 78.00
24818 TURF SUPPLY CO FERTILIZER - PARK MAINTENANCE 8310.96
24819 TWIN CITY OXYGEN CD OXYGEN - STREET DEPT 48.44
24820 UNIFDRMS UNLIMITED POLICE UNIFORM SUPPLIES 471.80
24821 UNITOG RENTAL SERVICES UNIFORMS FOR CITY EMPLOYEES 11D3.08
24822 UNLIMITED SUPPLIES INC -8 FT FIBERGLASS LADDER/NUTS/BOLTS - 897.35
DEPT
24823 VALLEY INDUSTRIAL PROPANE INC GASEET CYLINDERS - COMMUNITY CENTER
154.74
24824 VAN WATERS & RDGERS SODIUM SILICOFLUDRIDE - WATER DEPT 1220.D0
24825 VERNON CDMPANY DECALS - STREET DEPT 498.02
24826 VOSS ELECTRIC CO BULBS- P/S BLDG 190.56
3673578
24827 RAYMOND VOTAVA REFUND WATER & SEWER BILL 29.73
24828 JIM WALTER PAPERS XEROX PAPER - CITY HALL 606.40
24829 WATER PRODUCTS CO -CLAMPS/PIPE/LOWER RODS/HYDRANT GREASE/ 7586.27
-CHAINS/GASKETS/9 2" METERS $3858.00/
-1 3" METER $1266.00/6 1-1/2" METER ,
$1770.00
24830 WEED KING WEED CUTTING - COMMUNITY SERVICES 231.00
24831 WESCO LIGHT BULBS- PARK MAINT/COMMUNITY CENTER 507.88
24832 SANDRA F WERTS MILEAGE & EXPENSES 128.56
24833 WEST WELD ELECTRODES/SAW BLADES/CLEAN LENS-STREET 437.27
24834 JOE WIETHOFF BASKET8ALL OFFICIAL -FEES PD 130.00
24835 WILSON TANNER INCENTIVES PLAQUES - POLICE DEPT 20.00
24836 KEN WORDE HOCKEY OFFICIAL -FEES PD 113.00
24837 XEROX CORP NOVEMBER 85 SERVICES 170.00
2483E ZEE MEDICAL SERVICE 1ST AID SUPPLIES - WATER & COMMUNITY SVC 120.05
24839 ZIEBART AUTO TRUCK RUSTPROOFING CAP/BRACKET/BOLT/NUT -STREET DEPT 213.47
24840 JASON BRANDT HOCKEY OFFICIAL -FEES PD 6.00
24841 WARD F DAHLBERG DECEMBER 85 EXPENSES 80.00
24842 ORRIN ALT 1986 UNIFORM ALLOWANCE 400.00
24843 RON ANDERSON 1986 UNIFORM ALLOWANCE 400.00
24844 ANNETTE BEACH 1986 UNIFORM ALLOWANCE 200.00
0.00
24845 JIM BERGSTROM 1986 UNIFORM ALLOWANCE 400.00
24846 BRIAN BLANCH I986 UNIFORM ALLOWANCE 400.00
24847 MICHAEL BOSACKER 1986 UNIFORM ALLOWANCE 400.00
24848 LANCE BRACE 1986 UNIFORM ALLOWANCE 400.00
24849 LES BRIDGER 1986 UNIFORM ALLOWANCE 400.00
24850 THOMAS BROWN 1986 UNIFORM ALLOWANCE 400.00
24851 DANIEL CARLSON 1986 UNIFORM ALLOWANCE 400.00
24?52 JAMES CLARK 1986 UNIFORM ALLOWANCE 400.00
3 JOHN D CONLEY 1986 UNIFORM ALLOWANCE 400.00
24054 JOYCE CONLEY 1986 UNIFORM ALLOWANCE 400.00
24855 KYLE DUCHSCHERE 1986 UNIFORM ALLOWANCE 400.00
24856 DONNA HYATT 1986 UNIFORM ALLOWANCE 200.00
24857 JAMES KLINE 1986 UNIFORM ALLOWANCE 400.00
24858 JANET KOCH 1986 UNIFORM ALLOWANCE 400.00
24859 MOLLY KOIVUMAKI I986 UNIFORM ALLOWANCE 200.00
24860 ALLEN LARSON 1986 UNIFORM ALLOWANCE 400.00
24861 JAMES LINDGREN 1986 UNIFORM ALLOWANCE 400.00
24862 TRACY LUKE 1986 UNIFORM ALLOWANCE 400.00
24863 SANDRA MITCHELL 1986 UNIFORM ALLOWANCE 200.00
24864 PAULINE OLSON 1986 UNIFORM ALLOWANCE 350.00
24865 DENNIS PAULSON 1986 UNIFORM ALLOWANCE 400.00
24866 RICHARD RABENORT 1986 UNIFORM ALLOWANCE 400.00
24867 ROBERT REYNOLDS 1986 UNIFORM ALLOWANCE 400.00
24868 JOHN SORENSEN 1986 UNIFORM ALLOWANCE 400.00
24869 KEITH WALL 1986 UNIFORM ALLOWANCE 400.00
24870 STEPHEN WHITE 1986 UNIFORM ALLOWANCE 350.00
24871 JULIE YARUSSO 1986 UNIFORM ALLOWANCE 200.00
24872 EARL R MORE & HELEN MORE FINAL PAYMENT FOR LAND PURCHASE 22950.00
24873 JASON BRANDT HOCKEY OFFICIAL - FEES PD 6.00
24874 LEE M BRANDT HOCKEY OFFICIAL - FEES PD 20.00
24875 WILLIAM L CARROLL BASKETBALL OFFICIAL -FEES PD 60.00
24876 RON ESS HOCKEY OFFICIAL - FEES PD 20.00
24877 MINNESOTA RECREATION & PARK ASSOC VOLLEYBALL REGISTRATION - FEES PD 66.00
4440163
$342084.50
I
JANUARY 7, 1986
CASH DISBURSEMENTS BY FUND
10 GENERAL 141551.84
11 CERTIFICATE OF INDEBT 13927.00
15 LIQUOR STORE-P V M 3102.45
17 LIQUOR STORE-PRESERVE 546.74
33 UTILITY BOND FUND 41057.29
44 UTILITY DEBT FUND 50.00
51 IMPROVEMENT CONST FD 25945.58
57 ROAD IMPROVEMENT CONST FD 2940.90
73 WATER FUND 21904.50
77 SEWER FUND 89191.90
81 TRUST & ESCROW FUND 1733.82
85 HISTORICAL CULTURAL FD 20.00
90 TAX INCREMENT FUND 112.48
$342004.50
}
7
I
i
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-07
A RESOLUTION DESIGNATING THE OFFICIAL MEETING
DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE
COUNCIL MEMBERS IN 1986 AND APPOINTING AN ACTING MAYOR
BE IT RESOLVED, by the City Council of the City of Eden Prairie,
Minnesota, that they meet on the first and third Tuesdays of each month
at 7:30 p.m. in the Eden Prairie School Administration Building, 8100
School Road, Eden Prairie, Minnesota. Roberts Rules of Order will
prevail.
BE IT RESOLVED, that Paul Redpath is hereby appointed to be the
acting Mayor in the absence of the Mayor.
ADOPTED by the City Council of the City of Eden Prairie this 7th
day of January, 1986.
(
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
l
,
.
RESOLUTION NO. 86-16
RESOLUTION ESTABLISHING A POLICY REGARDING
SEXUAL HARASSMENT
RESOLVED, BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that there is
hereby established the following policy regarding sexual harassment:
It is the policy of the City of Eden Prairie to abide by the federal and
state laws which prohibit sexual harassment and to maintain an employment
atmosphere free of sexual harassment, intimidation, or coercion. Sexual
harassment of any employee by any other employee or by any manager or
supervisor will not be tolerated. All employees should treat their co-workers,
subordinates, and supervisors with respect at all times.
Sexual harassment is defined as any unwelcome sexual advances, requests
for sexual favors, sexually motivated physical contact, and other verbal or
physical conduct or communication of a sexual nature when:
1) Submission to such conduct is made either implicitly
or explicitly as a term or condition of an individual's
employment;
2) Submission to or rejection of such conduct by an individual
is used as a basis for an employment decision affecting
that individual's employment;
3) Such conduct has a purpose or effect of substantially
interfering in an individual's work performance or
creating an intimidating, hostile, or offensive working
environment.
Subtle or overt behavior which consitutes sexual harassment includes, but
is not limited to:
1) Verbal harassment (epithets, derogatory remarks, or slurs);
2) Physical harassment (gestures, assault, impeding or blocking
movement, or any physical interference with normal work or
movement);
3) Visual forms of harassment (derogatory posters, letters,
poems, graffiti, cartoons, or drawings); and
4) Requests for sexual favors or unwanted sexual advances.
Any employees who feels that he or she is being subject to sexual harass-
ment in any form, or who believes he or she has witnessed sexual harassment, is
encouraged to contact his or her supervisor, the City Manager, or the City
Manager's designee immediately. The Mayor or any Councilmember may also be
contacted.
Any official or employee who is found to have been the perpetrator of
sexual harassment will be subject to appropriate disciplinary procedures.
Any official or employee found to have made a false complaint of sexual
harassment may also be subject to disciplinary action.
- 2 -
•
Sexual harassment is one form of discrimination and misconduct which
undermines the integrity of City officials and employees and the City as a
whole. The City of Eden Prairie is committed to maintaining a productive
working environment free from all discrimination. In pursuit of this
commitment, the City wll not tolerate any form of sexual harassment against
its employee at their workplace by any persons doing business with the
City.
ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL THIS _ DAY OF JANURARY, 1986.
Gary D. Peterson, Mayor
ATTEST
SEAL
John D. Frane, Clerk
1 '
CITYOF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-08
The City Council of the City of Eden Prairie hereby designates
as the Director and as the
Alternate Director of the Suburban Rate Authority for 1986.
ADOPTED by the City Council of the City of Eden Prairie on this 7th
day of January, 1986.
Gary Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
1
MEMORANDUM
TO: Mayor and City Council
THROUGH: City Manager Carl J. Jullie
FROM: Assistant to the City Manager Craig W. Dawson 0212)
SUBJECT: Appointment of Council Representative to Transit System
Committee
•
DATE: January 2, 1986
Staff members of the cities involved in the opt-out study met recently to
share the perceptions of their respective councils on the draft of the
transit plan prepared by BRW. Generally, all of the councils were
supportive of the proposed plan and all desired some sort of meeting of the
various councils. The Eden Prairie City Council specifically wanted to
have an administrative structure discussed collectively.
It has been suggested that one or perhaps two members of each council be
appointed to an informal (initially, at least) committee on the transit
system. This committee would first review changes and additions to the
draft plan before the final plan is published. It would continue to meet
as necessary as more detailed planning is done for the system and until a
formai body is created. The structure of this committee can be likened to
the Board of the Southwest Suburban Cable Commission. Staff would continue
to do most of the legwork and function as an operating committee. The
first meeting would be held in late January or early February.
CWD:CJJ:jdp
MEMORANDUM
TO: Mayor and City Council
THROUGH: City Manager Carl J. Jullie
FROM: Assistant to the City Manager Craig W. Dawson •
SUBJECT: Architectural Advisory Committee
DATE: January 2, 1986
In conjunction with the planning for a new City Hall, staff suggested that
an informal residents advisory committee be appointed to review
architectural elements of the building. This committee would work at the
concept level only; it would identify themes or elements it wished to see
on the exterior and in the main entry to the new public edifice. It is
anticipated that this committee would exist for two to four meetings.
Should the Council choose to appoint such a committee, members could be
drawn from the Historical & Cultural Commission; Planning Commission;
Parks, Recreation & Natural Resources Commission; the Site Selection
{ Committee; the City Council; and persons from the public at large.
Appointments should be made January 7, or no later than January 21, in
order to maintain the ambitious target refrendum date.
CWD:CJJ:jdp
I
•
MEMDRANDUM
TO: Mayor and City Council
FROM: Donald R. Uram, Assistant Planner
Trig-MN: Michael D. Franzen, Senior Planner
DATE: January 2, 1986
RE: Normandale Tennis Club
In response to Council concern regarding the grading of the knoll along the eastern
boundary of the subject site, the applicant has revised the grading and site plan.
This involves the elimination of 12 parking spaces thus moving the easternmost
boundary.of the parking lot away from the exisiting N.S.P. easement an additional 20
feet. This site plan change means that the top of the knoll would be at the 1002
contour elevation. There is room on site to raise the knoll an additional five feet
to approximately 1007, which is the present height of the knoll. Although the knoll
is being altered, the appearance from I-494 would remain intact and would serve as a
natural barrier to the residential uses to the west. Also, the size of this land
mass will help to downplay the size of the proposed building and help to screen the
parking areas. The revised site plan shows an additional 22 proof-of-parking spaces
which Staff feels adequately compensates for the loss of 12 actual spaces. Total
parking spaces provided on site is 305.
More of the knoll could be retained but would involve limiting the grading to
approximately the 980 contour elevation. This would eliminate an additional 48
parking spaces thus resulting a total of 257 spaces which Staff feels is inadequate.
To provide more parking, a parking ramp could be built, or the building could be
reduced in square footage.
In regard to tree loss, the majority of trees which are being eliminated are due to
the building location and are not directly related to the grading on the knoll. To
save more trees on site, would require a different building location or reduction in
building square footage.
MEMO
TO: Mayor and City Council
FROM: Jean Johnson, Zoning Administrator
DATE: December 31, 1985
RE: Richard Sentz Horse Keeping at 12650 Sunnybrook Road
On December 12, 1985, Staff met with Mr. Sentz regarding his keeping 15 horses on a
7 acre lot. Mr. Sentz informed Staff he purchased a number of the horses for resale
purposes, but has been unable to sell them. For background on horse keeping at this
address, see Attachment A.
Mr. Sentz requested appearance before the Council, to seek approval of variances or
Code changes, so he could keep all the horses under a commercial stable license.
A commercial stable is defined as a place where five or more equines are kept for
remuneration, or hire; and a license is required as per Chapter 5, Section 5.70.
City Code defines private stables as a stable for not more than 4 horses for the
private use of the residence. A private stable is an allowable use in the Rural
District.
Staff informed Mr. Sentz variances are not granted from license requirements. In
order to apply for a commercial stable license, he would have to meet the Code
requirements, or the Code would need to be amended in various areas, i.e., 10 acre
down to 7 acres, 50 foot barn setback to 30 feet (?), and setbacks from residences,
etc..
It has not been demonstrated to Staff that such changes would be beneficial to the
City.
The 10 acre minimum lot size and setback requirements for commercial stables were
included in the Code for the following reasons:
10 acres is the minimum lot size in the Rural District.
10 acres reflected the lot sizes of current operations.
10 acres allows ample room for operations and setbacks from residential
uses.
On December 30th, Mr. Sentz stated he intends to request a variance from the private
stable maximum of 4 horses. This item has been viewed by Staff as an item that
cannot be varied, because it is a definition of a permitted rural use.
Alternatives the Council could choose would be:
1. Not consider amendments to the existing Code.
2. Consider the amendment and deny any changes to Code, because the
benefit of the changes have not been demonstrated.
3. Consider the amendments and set a hearing date for review and
adoption.
1
!t ATTACHMENT A
(
In September 1985, Mr. Sentz inquired if he could keep additional horses. He was
informed 4 horses are the maximum for a private stable. He was further informed
that he needed 10 acres, in order to apply for a commercial stable license.
Later in September, Mr. Sentz attended an auction and purchased 11 quarter horse
weanlings (young horse under 1 year of age).
On October 6, 1985, the Animal Control Officer notified me that numerous horses were
being kept at 12650 Sunnybrook Road, and that some of the hoses had been at large on
September 27 and October 6, 1985.
Upon inspection, City Staff counted 16 horses on the site. In addition to the
number of horses, it was discovered that a fence had been installed within the
Sunnybrook Road right-of-way. During the inspection, Mr. Sentz stated he purchased
the weanlings for re-sale purposes and advertisements had been placed in the paper.
He agreed that the horses in excess of 4 would be sold or relocated within 30 days.
He further agreed to remove the fence from the right-of-way on the following
weekend. Neither commitment was fulfilled.
About this time, some of the horses developed ringworm. Ringworm is a contagious
disease caused by a fungi and is characteristic by ring-shaped scaly patches and
hair loss. Mr. Sentz informed Staff the horses were quarantined and could not be
moved.
After discussing the ring worm condition with the State Board of Animal Health, it
was learned the horses could be moved and no quarantine is required.
On November 25, 1985, Mr. Sentz was delivered a Notice of Correction of Conditions
with a compliance date of December 9, 1985.
Mr. Sentz met with the City Manager and me on December 12, 1985, and requested
appearance before the Council, to determine if he could obtain a commercial stable
license. Staff recommended Mr. Sentz conform to the private stable requirement,
prior to appearing before the Council. Mr. Sentz chose to appear prior to
conforming. He was given the Council date of January 7 and requested to submit
information by December 23rd.
On December 30, 1985, Mr. Sentz informed me he wished to request a variance from the
private stable requirement of 4 horses.
•
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FINDINGS AND CONCLUSIONS RELATING TO THE
REQUEST OF WELCOME HOME TO MAKE CERTAIN MODIFICATIONS
IN AND TO PROPERTY SITUATED AT 7170 FLYING CLOUD DRIVE
FOR VARIANCES AND PERMITS
Welcome Home's request is for such variances, permits,
or authorizations as are necessary for the proposed use and
improvement of property located at 7170 Flying Cloud Drive,
Eden Prairie, Minnesota (the "property") .
HISTORY
In 1984, Welcome Home (sometimes "applicant") requested
a variance to permit the property to be used as a licensed
residential facility for up to 18 mentally ill persons. The
property contains improvements consisting of a dwelling house
and a detached garage. The matter was heard on October 11,
1984, and on November 8, 1984, by the Board of.Adjustments
and Appeals, which denied the request. Applicant appealed
the matter to the Council. Applicant also modified its pro-
posal by reducing the number of persons who would inhabit the
facility from 18 to 16. Accordingly, applicant no longer
sought a variance as requested in its application but sought
a determination that the proposed use of the property is for
a "multi-family residential use . . . for purposes of zoning"
as those terms are used in M.S. §462.357, Subd. 8, and
M.S. §245.812, Subd. 4. The matter was considered by the
Council at its meeting on January 22, 1985. At the meeting
on January 22, 1985, the Council adopted a resolution finding
that the house has been used as a multiple family dwelling
7,,�
and constitutes a nonconforming use as a duplex multiple
dwelling, and further finding that the use of the property
is as a "multi-family residential . . . for purposes of
zoning" as those terms are used in M.S. 5462.357, Subd. 8,
and M.S. 5245.812, Subd. 4, which permit use of such property
for a state licensed residential facility for up to 16 persons.
At its meeting on April 16, 1985, the Council adopted written
findings and conclusions relating to its action.
Subsequently, Welcome Home proposed to make certain
modifications to the property as shown in certain plans pre-
pared by Delano Erickson Architects dated January 8, 1985,
consisting principally of the all-season enclosing of a porch
for an office/conference room, the addition of an enclosed
f.
stairway, and the extension of a deck (which was not in exist-
ence in 1969 or prior thereto) , and various internal modifica-
tions. Applicant also requested modification of the garage.
Applicant later advised the City that it did not wish to
enlarge the garage as shown in the plans. Applicant requested
such variances, permits, or authorizations as are necessary
for the proposed use of the property as a state licensed resi-
dential facility for up to 16 persons. As a result of the
request, the Board of Adjustments and Appeals was asked to
determine the following:
1. Would the modifications proposed by Welcome Home
for the property which it proposes to occupy at 7170 Flying
-2-
Cloud Drive constitute such a change as to violate the pro-
visions of the City Code relating to nonconforming use
structures?
2. Is Welcome Home entitled to variances from the
provisions contained in Chapter 11 of the City Code relative
to the proposed modifications?
The Board of Adjustments and Appeals heard the matter on
July 11 and 25, 1985, and denied the request. Applicant
appealed the matter to the Council, which considered the mat-
ter on August 20, 1985.
FINDINGS AND CONCLUSIONS
1. The property consists of .93 acres and contains
improvements consisting of a house and a detached garage.
2. The property is situated in the Rural district. City
Code Sec. 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.
3. City Code Sec. 11.50, relating to shoreland manage-
ment, requires a minimum setback from the ordinary high water
mark of Nine-Mile Creek, a general development water, of
150 feet.
-3-
4. City Code Sec. 11.03, Subd. 2.B., requires a rear
yard (distance from the rear of the structure to the rear lot
line), front yard, and one side yard setback, of 50 feet.
5. City Code Sec. 11.45, relating to flood plains regula-
tion, applies to all lands within 100 feet of the nearest bank
of a channel of a watercourse. Most of the proposed modifica-
tions to the structure are within 100 feet of the nearest bank
of Nine-Mile Creek.
6. City Code Sec. 11.45, Subd. 4, requires that no
obstruction may be added to or altered within 100 feet of the
nearest bank of the channel of a watercourse unless a written
permit is first obtained.
7. Chapter 11 of the City Code, as did its predecessor,
Ordinance No. 135, contains a provision authorizing the con-
tinuation of nonconforming uses. Code Sec. 11.02 defines a
nonconforming use 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." Sec. 11.75 provides that a use lawfully
occupying a 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 nonconforming use
and may be continued.
8. The property, as is presently and since and prior to
1969, has been used as a multiple family dwelling and consti-
tutes a nonconforming use as a duplex multiple dwelling.
-4-
L
f• 9. The modifications to the structure, for which a
variance is requested, are as set forth herein under "History."
10. The westerly edge of the deck located on the westerly
side of the house is 17.2 feet from the westerly property line
(rear lot line) . The proposed addition to the deck would be
within approximately 15.E feet from the westerly property
line.
11. The porch located on the westerly side of the house
is approximately 18 feet from the westerly property line and
59 feet from Nine-Mile Creek.
12. The southerly side of the house is located approxi-
mately 45 feet from the bank of Nine-Mile Creek and 50 feet
from the center of Nine-Mile Creek.
13. Essentially all of the proposed modifications to the
dwelling on the property, with the exception of the proposed
stairwell and the extension of the deck, will be internal and
will not materially alter the exterior or the appearance of
the exterior of the property.
14. The area in which the property is situated is transi-
tional. It is in the Rural district, in which are situated
dwellings and some farm outbuildings. Also, in the vicinity
is a nonconforming automobile salvage yard. The property is
located approximately 375 feet from U.S. Highway 169, a
heavily traveled, limited access major highway through the
City.
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1
15. The proposed modifications are not contrary to the
standards and conditions for issuance of a permit as provided
in City Code Sec. 11.45, Subd. 4, or those standards and con-
ditions are not applicable to the modifications proposed, to-wit:
(i) The proposed modification will not unduly decrease
the capacity of the channel or flood plain, or
unduly increase flood heights or result in damages
to persons or property;
(ii) The proposed modifications will not result in the
placing of any obstruction which restricts the
right of public passage and use of the channels,
Eff
banks, and watercourses in the City;
(iii) The modifications will not result in an obstruc-
tion detrimental to the protection of surface
and ground water supplies;
(iv) The modifications proposed will not result in an
obstruction or use incompatible with preservation
of natural land forms, vegetation, marsh, or wet
areas contiguous to Nine-Mile Creek;
(v) The modifications proposed will not result in
development of land or water areas reasonably
necessary to temporary withholding of excessive
runoff of surface water or of land and water
areas which provide ground water infiltration
•
and will not decrease the capacity of such
areas to withhold such surface waters or to
provide such ground water infiltration.
-5-
A( (vi) The proposed modifications will not result in
the deposit of fill in the flood plain;
(vii) The proposed modifications have received the
approval of all governmental bodies having juris-
diction over such use and obstruction
16. The Council has considered all factors and conditions
relating to a permit or variance, as enumerated in City Code •
Sec. 11.45, Subd. 8, and in connection therewith:
(i) The proposed modifications will not result in
any danger to life and property due to increased flood heights
or velocities caused by obstructions.
(ii) The proposed modifications will not increase the
danger that materials may be swept on to other lands or down-
stream to the injury of others.
(iii) The property is adequately served by the City's
water and sanitary sewer systems.
(iv) The proposed modifications will not make the
dwelling and its contents more susceptible to flood damage.
(v) The proposed modifications will permit providing
services beneficial to the community.
(vi) No alternative location for the facility is
readily available.
-7-
j
Ndi) The proposed use is compatible with existing
development and development reasonably anticipated in the
future.
(viii) Uses of a more beneficial nature which may arise
in the future have not been shown.
(ix) The proposed modifications would not affect the
City's flood plain management program and water management
program.
(x) The proposed modifications would not affect
access to the property in times of flood for ordinary and
emergency vehicles.
(xi) The proposed modifications would not materially
affect the heights, velocity, duration, rate of rise, and
sediment transport of any flood waters at the site.
17. The Council has considered all factors and conditions
relating to granting a permit as provided by Sec. 11.50 of the
Code, and more particularly, Subd. 3.L. thereof, and in con-
nection therewith:
(i) The proposed modifications will enhance the
safety of the dwelling for the intended users.
(ii) The proposed modifications will not create any
traffic on Nine-Mile Creek in the vicinity of the facility.
(iii) The proposed modifications will not change the
compatibility of the dwelling with adjacent development.
(iv) The proposed modifications will not change the
compatibility of the dwelling with its natural setting and
Nine-Mile Creek.
-8-
1
(v) The proposed modifications will not affect the
quality of Nine-Mile Creek.
(vi) The proposed modifications will not create addi-
tional material noise, fumes, or other nuisances which will
cause annoyance to persons in the vicinity of the facility.
(vii) Adequate parking facilities in connection with
the facility will be provided.
18. Substantially all of the proposed modifications, except
the proposed expansion of the deck, are required by City or
State building or health code provisions.
19. Pursuant to the provisions of M.S. 55462.357, Subd. 8,
and 245.812, Subd. 4, the property may be used for a licensed
residential facility serving up to 16 persons. Such a use
constitutes a "reasonable" use under State law and City Code
Sec. 11.76.
20. The property can not be put to such reasonable use
without the modifications requested, except the expansion of
the deck, because of the requirements of State and City
building and health codes.
21. The inability of the owner to put the property to use
as a licensed residential facility because of the requirements
of State and City building and health codes and the status of
the property as a multiple family nonconforming use are unique
to the property and not created by the landowner.
22. Granting of the requested variances is consistent with
the public health and welfare.
t
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23. Granting of the requested variances would be in
keeping with the spirit and intent of Chapter 11 of the City
Code.
24. Granting of the variances will not alter the essen-
tial character of the neighborhood.
25. Strict enforcement (without the granting of variances,
except that relating to expansion of the deck) of the provi-
sions of Chapter 11 of the City Code would cause undue hardship
because of circumstances unique to the individual property under
consideration.
26. Based upon the foregoing, the decision of the Board of •
Adjustments and Appeals is reversed and modified as follows:
(i) The modifications proposed by Welcome Home for the
property which it proposes to occupy do not constitute such a
change in the property as to violate the provisions of the City
Code relating to nonconforming use structures.
(ii) Variances from provisions of Chapter 11 of the
City Code to permit construction of the proposed modifications
to the property, with the exception of any for the expansion
of the deck, are granted.
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MEMORANDUM
TO: Mayor and City Council
FROM: City Manager Carl J. Ju1lie G
SUBJECT: Policy on City Employee Memberships in Community
Service Clubs
DATE: January 3, 1986
Pursuant to the Council's request on November 19, 1985 for my review on
this matter, I herein recommend that it is appropriate for the City to
encourage its employees to be actively involved in community service clubs.
The advantage is that the City staff will have more opportunity for sharing
ideas and information with many business persons and City residents. This
will help us to better know how effective our City services are and what
changes may be needed.
Since membership in service clubs is voluntary only and not mandated by any
City policy or employment contract, it would be appropriate in order to
encourage such memberships for the City to continue a policy to reimburse
employees for their expenses relating to such memberships, but to further
stipulate as follows:
I. The City will pay for the cost of memberships of
not more than 2 City employees to each of the
following service clubs: Lion's Club, Rotary Club,
Optimist Club, and the Junior Chamber of Commerce.
In addition the City shall maintain its membership in
the Chamber of Commerce and encourage staff to be
actively involved in the Chamber's activities; and
2. Also the City shall not pay for any membership cost
for any service club that is found to discriminate
against any person because of race, religion, or sex.
CJJ:jp
r
l
J_)
TO: Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
FRDM: Eugene A. Dietz, Director of Public Works
DATE: December 30, 1985
RE: Red Rock Interceptor, I.C. 52-088
The City of Eden Prairie has been involved with discussions with the City of
Chanhassen, the Metropolitan Waste Control Commission (MWCC) and the
Metropolitan Council regarding the construction of a sanitary sewer called the
Red Rock Interceptor. The interceptor would be owned and operated by the MWCC
but would provide trunk service to the area generally bounded by TH 5,
Mitchell Lake, Eden Prairie Road, County Road 1 and the west City limits line.
The provision of trunk service for this section of Eden Prairie will come
about if an agreement between the parties can be reached which specifies cost
sharing and certain land use considerations. Dn the presumption that the City
may wish to proceed with such a project, we have prepared a feasibility report
which would allow the assessment of trunk charges for the service area.
Copies of the feasibility report will be distributed at the Council meeting.
At this time the Council is being requested to receive the report and to
authorize a public hearing on February 4, 1986.
Also attached for your information are copies of two petitions that we have
received requesting utility service in this area. I have waited to submit
these petitions in anticipation of a resolution to the Red Rock Interceptor
issue. The petitions do not constitute a valid petition in the sense that
they do not contain the prescribed number of signatures from benefitting
properties. Therefore, the petitions are sent for information only. The
resolution which authorizes the preparation of the feasibility report does not
make reference to a petition and in order to proceed, the City Council must
authorize the proceedings on its own motion without petition. Therefore, each
resolution during the improvement process must be approved by a 4/5 majority
of the Council.
The concept of a sanitary sewer serving this part of the community has
remained unchanged since 1969. Therefore, I would recommend that the Council
adopt the resolution requesting a feasibility report be prepared and further
adopt the resolution that receives the report and sets the public hearing for
the project. I will be available to answer questions on the matter and will
be prepared to provide a more detailed analysis of the entire project and its
implications at the public hearing on February 4.
EAD:sg
ti
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)
T Sanitary Sewer
)
Watermain
X Storm Sewer
X. Street Paving
Other
Street Address or Other
Legal Description of Names of Petitioners
Property to be Served (Must Be Property Owners)
Ati 241/itzt~, Atc
� r
(For City Use)
Date Received 14$4,
Project No. SZ'Oett (Trur . e.N1.%)
Council Consideration NJ A40*0% 1,(5t(0
1
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) /j,,
Sanitary Sewer Oe(I ee-ff/TCme41.41re 7 Eo9 €Y(.X.
Watermain V/A ' 2s.ssyWCy
Storm Sewer
Street Paving
Other •
Street Address or Other
Legal Description of Names of Petitioners
Property to be Served ust 'e Pro rty Owners)
j; -o4 f41-'w1J
as - yid -s z 01.3 0,06
/l6 aoo 7
-.z z .23o4of
(For City Use)
Date Received /9�I
Project No. 52-08S
Council Consideration 4110n 14 19A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 86-15
RESOLUTION RECEIVING FEASIBILITY REPORT
AND SETTING PUBLIC HEARING
WHEREAS,WHEREAS, a report has been given by the City Engineer to the City Council
recommending the following improvements to wit:
I.C. 52-088, Trunk Sewer and Water Improvements
in the vicinity of the Red Rock Interceptor
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
February 4, 1986, at 7:30 P.M. at the Eden Prairie School
Administration Building, 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 7, 1986.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
{
�Q i1O Metropolitan Council
1P Q�� 300 Metroa Square But ts
Seventh and Robert Streets
„A,, St.Paut,Minnesota 55101
F Telephone[n'?)291-6359
S4ry
December 30, 1985
Mr. Carl Jullie,
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344 MESSENGER-DELIVERED
Re: Sewer Facility Agreement.
Dear Mr. Jullie:
Enclosed please find a draft Sewer Facility Agreement as amended pursuant to
our meeting on December 16, 1985. For your convenience, I have highlighted the
new language. You will be pleased to note that we have deleted former Section
6.1(D) (the "sole discretion" provision) and added some new language to Section
6.1(C) regarding adoption of zoning ordinances. I hope the Agreement is in a
form acceptable to you.
The enclosed Agreement was previously sent to Dick Nowlin for his review. Dick
suggested that I lay out in writing for you the schedule for approval and
execution of the Agreement. The Schedule is as follows:
January 7, 1986 - Metropolitan Council Systems Committee Meeting.
Action: Recommend to Council that staff be authorized
to execute the Agreement.
January 9, 1986 - Metropolitan Council meeting.
Action: Final authorization for staff to execute the
Agreement.
January 15, 1986 - MWCC Committee meeting.
Action: Recommend to Commission that staff be
authorized to execute the Agreement.
January 21, 1986 - MWCC meeting.
Action: Final authorization for staff to execute
agreement.
February 18, 1986 - Eden Prairie City Council final approval of Agreement.
February 19, 1986 - Execution of Agreement by all parties.
We expect that during this time period you will take all steps necessary to
enable you to execute the Agreement on February 19, including advising your
city council as soon as possible of the content of the Agreement and schedule
for execution. In order to ensure that we meet the above schedule, I would
like to have the Agreement in final form by Friday, January 3.
An Equal Opportunity Employer
1
Mr. Carl Jullie
December 30, 1985
Page 2
Please call me (1) at your earliest convenience to confirm that the Agreement
is in a form acceptable to you; or (2) with sufficient lead time to ensure that
any necessary changes can be agreed upon and inserted into the Agreement by the
end of the day on January 3.
Very truly yours,
Peter H. Bachman
Assistant Counsel
PHB/la
enc:
cc: Marcel Jouseau
Pat Pahl
Mark Thompson
Bill Blain
Don 81uhm
Fred Stenborg
Dick Nowlin
•
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DRAFT 12/26/85
SEWER FACILITY AGREEMENT
THIS AGREEMENT, made and entered into by and between the METROPOLITAN
COUNCIL .(hereinafter "the Council"), the METROPOLITAN WASTE CONTROL COMMISSION
(hereinafter "the Commission"), and the CITY OF EDEN PRAIRIE (hereinafter "the
City").
WHEREAS, the Council and Commission, following review and analysis, have
included in the Commission's 1986-1990 Development Program plans for the
construction of a gravity Interceptor sewer along the Lake Ann - Red Rock Lake
route as generally depicted on Exhibit A attached hereto and made a part
hereof, to convey sewage from the Lake Virginia lift station to the Purgatory .
Creek interceptor; and
WHEREAS, the decision to build the Lake Ann interceptor was in part based
on representations by the City that if that portion of the interceptor lying
within the boundaries of the City (hereinafter "the Facility ") would
simultaneously serve as a Commission interceptor and a local trunk sewer for
the City, the City would pay for a portion of the project costs of the Facility
over and above its SAC charge cost contribution and the City would further
agree to make necessary amendments to its comprehensive plan, comprehensive
sewer plan and official controls to ensure the avoidance of premature growth or
urbanization in accordance with Council policies; and
WHEREAS, the Council, the Commission and the City have agreed that the
Facility can be designed and used simultaneously as a Commission interceptor
sewer and a local trunk sewer for the City;
NOW, THEREFORE, the parties hereto, in the joint and separate exercise of
each of their powers, and in consideration of the mutual covenants herein
contained, hereby agree as follows:
SECTION 1.
RECITALS
1.1) Council and Commission - Pursuant to Minn. Stat. Sec. 473.146, the
Council has adopted a Comprehensive Sewer Policy Plan for the collection,
treatment, and disposal of sewage in the Metropolitan area. Minn. Stat. Sec.
473.511 authorizes the Commission to acquire, construct, equip, maintain and
operate all interceptors and treatment works needed to implement the Council's
Comprehensive Sewer Policy Plan.
1.2) Lake Ann Interceptor, Eden Prairie Segment - The Council and
Commission have determined that the Facility is necessary for and shall be
constructed pursuant to the Council's Comprehensive Sewer Policy Plan and the
Commission's 1986-1990 Oevelopment Program. This work is to be undertaken
pursuant to the Commission's Project No. 82-53.
I
2
1.3) City Sewer - The City has planned the construction of a trunk sewer
along the general route of the Facility. The City has determined that the
joint use of a single sewer pipe to be constructed, owned, and operated by the
Commission will satisfy certain sewer service needs of the City. The City
agrees that it will conduct all proceedings necessary under law and ordinance
so as to authorize it to participate in the cost of the construction of the
Facility.
1.4) Construction - The interceptor and trunk sewer can be constructed
as a single pipe and the design of the Facility and its construction can best
be undertaken by the Commission.
SECTION 2.
FACILITY CONSTRUCTION AND CAPACITY
2.1) Plans and Specifications - The Commission has retained a consulting
engineer to prepare plans and specifications for the construction of the
Facility. The plans and specifications for the Facility shall include adequate
designed capacity to enable the City's use of the Facility as specified in this
Agreement for trunk sewer purposes, as well as use of the Facility as a
Commission interceptor. The design capacity for trunk sewer service as
determined by the Commission, shall be adequate to reasonably replace the
City's planned trunk sewer along the route of the Facility. Specifically, the
Facility shall, at a minimum, be designed with 4.9 MGD peak capacity for City
trunk sewer use. The Commission agrees to allow the City to review and comment
j on the plans and specifications for the Facility so as to insure that adequate
trunk sewer capacity is provided. Notwithstanding any other provisions of this
Agreement, the Commission shall be solely responsible for approving plans and
specifications for the Facility.
2.2) Contract Administration - Except as hereinafter provided, the
Facility construction contract shall be exclusively administered by the
Commission, and the Commission agrees to cause the construction project to be
completed in accordance with the design plans and the conforming construction
contract. The Commission shall provide a resident engineer to supervise the
performance of the work, but the City may inspect the materials for, and
construction of, the Facility at any time. and may request the Commission to
require the contractor to perform any part of the contract in accordance with
its terms, and to enforce any provision of the contract necessary to obtain
such performance. The Commission retains sole authority to determine whether
contractor performance is consistent with the terms of the contract.
SECTION 3.
PROJECT FINANCING
3.1) Project Costs - The City agrees to pay the Commission a total of
one Million Five Hundred Sixty-eight Thousand Doliars ($1,568,000) at the time
that construction of the Facility is completed as full payment of its monetary
obligations under this Agreement. This sum shall be paid within thirty (30)
days of presentment to the City of a Certificate of Final Inspection for
3
construction of the Facility signed by the contractor, Commission and
consulting engineer. If for any reason payment is not made by the City within
thirty (30) days of presentment, the City shall incur and pay interest on the
outstanding balance at the rate of 1-1/2 percent per month pursuant to Minn.
Stat. Sec. 471.425, Subd. 4 (b).
3.2) Escrow - Within thirty (30) days following Commission approval of
the plans and specifications and authorization to advertise for bids for the
Facility pursuant to Section 2.1 of this Agreement, the City shall deposit in
an escrow account with a holder or trustee approved by the Commission the full
sum specified in Section 3.1 of this Agreement. The escrow account shall be
established by a written agreement in a form acceptable to the Commission and
providing for payment to the Commission of One Million Five Hundred Sixty-Eight
Thousand Dollars ($1,568,000) upon transmittal by the Commission to the holder
or trustee of a copy of the Certificate of Final Inspection in accordance with
Section 3.1 of this Agreement. The City shall be entitled to all interest
from the escrow account.
SECTION 4.
OWNERSHIP AND USE
4.1) DWNERSHIP OF THE FACILITY - The Commission shall be the sole owner
of the Facility and shall be responsible for its operation, maintenance,
repair, and reconstruction. The Commission shall operate and maintain the
Facility in good, working order, and shall preserve and maintain that portion
of the capacity of the Facility as described herein for use by the City as a
trunk sewer. The Commission shall not be responsible for construction,
operation, maintenance, repair or reconstruction of any connection to the
Facility which is not constructed by the Commission as part of Commission
Project 82-53.
4.2) City Use - The City shall be authorized to make use of the Facility
as a trunk sewer at such time and at such locations as may be authorized by the
Commission, consistent with the provisions of the City's Comprehensive Plan and
Comprehensive Sewer Plan, and the design plans for the Facility when areas
tributary to the Facility are brought within the City's urban service area.
The City shall apply for a connection permit for all direct connections to the
Facility and shall comply with the Commissicn's requirements for such
connection. All costs of such connections shall be paid by the City.
4.3) Indemnification - The City agrees to indemnify and hold harmless
the Commission, its employees, or agents from and against all claims. damages,
losses and expenses, including attorney's fees, attributable to bodily injury,
sickness, disease or death. or injury to or destruction of tangible or
intangible property including the loss of use resulting therefrom, and arising
out of or resulting from the operation of the City's trunk sewer system. The
Facility constitutes a portion of the City's trunk sewer system. The intent of
this provision is to relieve the Commission from any involvement with respect
to local disputes regarding utilization of the trunk sewer capacity in the
Facility between the City and its property owners.
4
SECTION 5
RIGHT-OF-WAY ACQUISITION
5.1) Duties of City - The City shall assist the Commission In acquiring
the necessary property acquisitions, rights of entry and other property
interests or permits needed for construction of the Facility. Such assistance
shall include:
A. Conveyance to the Commission without charge, of all easements now
owned or hereinafter acquired by the City along the final route of the
Facility.
B. Conveyance to the Commission, without charge, of any easements located
on property owned by the City which are determined necessary by the
Commission for construction of the Facility.
C. Approval and authorization for use, without charge, of public rights
of way within the City along the final route of the Facility.
D. Cooperation with the Commission in acquiring easements or other
property interests from governmental subdivisions, business entities
and private individuals determined necessary by the Commission for
construction of the Facility. Cooperation shall not be construed to
require expenditures for such acquisitions.
5.2) Public Purpose The City stipulates and agrees that construction of
the Facility is for a public purpose and that acquisition of property therefore
is necessary and authorized by law pursuant to Minnesota Statutes 1984,
Chapter 117.
SECTION 6
LAND USE PLANNING AND CONTROL
6.1) Growth Control - In accordance with the Council's Metropolitan Devel-
opment and Investment Framework and applicable policy plans, the City agrees to
take no action which would result in the premature urbanization of areas
outside the year 20DD Metropolitan Urban Service Area. Specifically, the City
agrees that it shall do and perform the following on or before August 1, 1986:
(A) Submit to the Council for review an adopted comprehensive plan or such
comprehensive plan amendments as may be necessary to comply with the
provisions of this Agreement. Amendments to the City's Comprehensive
plan shall be submitted to the Council for review and acceptance
pursuant to the Metropolitan Land Planning Act following approval by
the City's planning commission and'after consideration but before
final approval by the City's governing body. Provisions of the City's
comprehensive plan which have been previously adopted by the City and
accepted by the Council shall not be subject to Council review and
acceptance hereunder except as may be necessary to enforce the
following three listed provisions:
1
5
1. a provision designating a year 2000 urban service area containing
no more than 7650 acres of developable land;
2. a policy that the City will not exceed the Councils' preliminary
year 2000 sewer flow allocation of 4.93 MGD or such final sewer
flow allocation as may result from revisions to the Councils's
MDIF; and
3. a provision designating rural service density standards of one
unit per ten (10) acres in general rural areas with minimum lot
sizes greater than 2.5 acres.
The City agrees to promptly adopt, after review and acceptance by the
Council, any comprehensive plan amendments necessary to comply with
the above-requirements.
(B) Following Council review and Commission approval, the City shall adopt
a comprehensive sewer plan , consistent with the City's comprehensive
plan as amended pursuant to this Agreement and containing all
necessary provisions including but not limited to:
1. a description of adopted on-site sewage disposal ordinance
provisions consistent with applicable requirements set forth in
the Council's Comprehensive Sewer Policy Plan including Policies
42 through 47 and Procedure 10; and
2. a policy and program to reduce stormwater inflow consistent with
the Commission's policies.
(C) Transmit a description and analysis of the difference between the
City's Land Use Plan and its Zoning Ordinances and a method approved
and adopted by the City for reconciling the two which is acceptable to
the Council, if different from one another with respect to land use
types, densities, and urban service timing and staging. Upon
acceptance by the Council, the City agrees to adopt any official
controls necessary to reconcile the City's Land Use Plan and Zoning
Ordinances.
6.2) Modification - It is understood that the City may in the future,
following compliance with the provisions of 6.1, amend its comprehensive plan
and/or comprehensive sewer plan including those provisions relating to its
urban and rural service areas and sewer flow allocation, subject to Council
approval of comprehensive plan amendments pursuant to Minn. Stat. Sec. 473.856
and Sec. 473.175 and Commission approval of comprehensive sewer plan
amendments pursuant to Minn. Stat. Sec. 473.5i3.
SECTION 7
SANCTIONS FOR BREACH OF CONTRACT •
7.1) Limitations on City's Right to Use - It is expressly agreed that in
the event that the City violates any of the provisions of this Agreement, the
Council or Commission may, following formal consideration during which the
City shall be given an opportunity to state its position, terminate, delay or
• i-
•
limit the City's right to use the Facility for trunk sewer purposes. Prior to
any such termination, delay or limitation, the City shall be given a reasonable
time to achieve compliance with the terms of this Agreement. Nothing herein
shall be construed to remove or modify the liability of the City under Section
3.1 of this Agreement.
7.2) Desicn of Facility - Upon any breach of this Agreement by the City,
the Council and Commission may determine to design the Facility without
capacity for the City, renegotiate the level of cost sharing with the City,
and/or take such other action as may be appropriate.
7.3) Fact Stipulations - To assist in the enforcement of Section 6 of
this Agreement, the parties hereto agree and stipulate to the following
findings of fact:
(01) The City has received from the Council an amendment to the
Council's Water Resources Management Development Guide. The Guide
is a metropolitan systems plan within the meaning of Minn. Stat.
Sec. 473.856 and Sec. 473.175.
(02) An amendment to the City's present comprehensive plan is
necessary under Minn. Stat. Sec. 473.856 to ensure conformity
with metropolitan system plans.
(03) Any amendment to the City's comprehensive plan that does not
comply with the provisions of Section 6 of this Agreement
constitutes a substantial departure from the Water Resources
Management Development Guide within the meaning of Minn. Stat.
Sec. 473.175.
The parties hereto have entered this agreement in express reliance on the above-
stated facts and the parties shall be estoppel from denying or contesting the
truth of said facts. It is expressly agreed that if the City fails to perform
the tasks specified in Section 6 of this Agreement, the Council may obtain a
court order under Minn. Stat. Sec. 473.175 requiring the City to perform those
actions specified in Section 6 of this Agreement.
•
•
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7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the _
day of , 1985.
Approved as to form METROPOLITAN COUNCIL
and adequacy
By:
Its: Chairperson, and
By:
Its: Executive Oirector
METROPOLITAN WASTE CONTROL
COMMISSION
BY:
Its: Chairperson, and
By:
Its: Chief Administrator
CITY OF EDEN PRAIRIE
C By:
Its: Mayor, and
By:
Its: City Manager
LOA208
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CITY OF EDEN PRAIRIE
( CLERK'S LICENSE APPLICATION LIST
January 7, 1986
CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING
ABJ Enterprises, Inc. Dakota Plumbing & Heating
Adolfson & Peterson, Inc. Ford & Sons Plumbing Co.
Alberici/Denver, Inc. Raymond E. Haeg Plumbing, Inc.
Ory Bakke Insulation Mevissen Plumbing
Centurion Company R. C. Plumbing
Eagan Construction, Inc. Richfield Plumbing Co.
Kraus-Anderson of Mpls., Inc. Sunrise Plumbing, Inc.
Lovering Associates, Inc. Swanson & Schiager
Mikkelson-Wulff Remodeling Don Weld Plumbing
Northern States Power WATER SOFTENER
Opus Construction
5. J. Schneider Construction
Sheehy Construction Robert B. Hill Company
J. B. Swedenborg Construction Twin City Lindsey
Undestad Brueggemann Constructors HEATING & VENTILATING
CONTRACTOR (1 & 2 FAMILY) Air Comfort, Inc.
John M. Aldritt All Season Comfort, Inc.
t Barron Builders, Inc. Climate Engineering Company
Bloomberg Companies Frank's Heating & Air Conditioning
Willard Eggan & Sons Master Heating & Cooling
J. B. Franklin Corporation R & S Heating & Air Conditioning
Harvey Homes, Inc. Standard Heating & Air Conditioning
Hipp's Construction Co. Sunburst Heating & Air Conditioning
Homeplace Builders, Inc. Superior Contractors, Inc.
Laurent Builders, Inc. Thermex Corporation
Stephen Longman Builders GAS FITTER ?
C. W. Morris Construction
Mr. Builder of Minneapolis
Pools, Inc. Climate Engineering Company
R. B. Construction, Inc. Frank's Heating & Air Conditioning
Rolyn Properties, Inc. Master Heating & Cooling
The Rottlund Company, Inc. Standard Heating & Air Conditioning
Sandcon, Inc. Superior Contractors, Inc.
Smuckler Corporation Thermex Corporation
Sunshine Construction Co. TYPE A FOOD
Unibilt, Inc.
Wooddale Builders, Inc.
Wrase Builders, Inc. Jerry's Foods
ON SALE LIQUOR & SUNDAY LIQUOR WINE & SUNDAY WINE ON SALE
Edenvale Golf Course, Inc. E. P. Robins, Inc. (City West Parkwe
1( BEER ON SALE
E. P. Robins, Inc.
CLERK'S LICENSE APPLICATION LIST
page two
TYPE C FOOD COMMERCIAL KENNEL
Mark's Eden Prairie Standard Kingdale Kennels
PDQ Food Store
REFUSE HAULERS
TYPE B FOOD
Buckingham Disposal
PDQ Food Store Jacobson Sanitary Service
Target Store
MECHANICAL GAMES
CANDY
Advance Carter
PDQ Food Store Theisen Vending
DRIVE-IN-THEATRE CIGARETTE
Flying Cloud Drive-In-Theatre Mark's Eden Prairie Standard
Royal Coin
PRIVATE KENNEL Target Store
Joan Emswiler (renewal)
6580 Undestad
These licenses have been approved by the department heads responsible for
the licensed activity.
)2141t-
Pat Solie, Licensing