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HomeMy WebLinkAboutCity Council - 03/17/1987 AGENDA ( EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 17, 1987 7:30 P.M. SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J.'Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special City Council meeting held Tuesday, February 24, 1987 Page 491 ( B. City Council meeting held Tuesday, March 3,, 1987 Page 495 III. CONSENT CALENDAR A. Clerk's License List Page 511 B. Request for Extension of Transit Bus Service to New Page 513 Senior-Center 950 Eden Prairie Road) — C. Sale of Schultz House Page 514 D. Birchwood Labs, Inc. - Approval of Developer's Agreement Page 515 for Birchwood Labs Four lots, with variances approved by the Board of Appeals for lot frontage. Location: East of County Road #4 at Fuller Road, north of Lincoln Lane. E. Final Plat of Birchwood Labs (C.S.A.H. #4, South of Terrey Page 518 Pine Drive)_(Resolution_#_87-66) t F. EDENVALE 21ST ADDITION, �y Breco Corporation. 2nd Reading Page 521 of Ordinance #7-87. Rezoning from Rural to R1-9.5 for 5_52 acres; A royal of Developer's A reement for Edenvale 21st Addition; and Adoption of Resolution 8 -59, Authorizing Summary of Ordinance #7-87 and Ord�erinq Publication of aiS 'd S- umnary• 7.34 acres into 18 single family tots and one outiot. Location: South and east of Edenvale Boule- vard, west of Woodland Drive. (Ordinance #7-87, Rezoning; Resolution #87-59, Authorizing Summary and Publication) t 3 City Council Agenda - 2 - Tues.,March 17, 1987 G. Final Plat of Reuter Addition (S. E. Corner of C.S.A.H. Page 529 f62 and Indian Chief Road Resolution #87-62) H. Final Plat of Flagship Addition (East of Prairie Center Page 531 Drive at Singletree Lane Resolution #87-63) I. Final Plat of Red Rock Heights 5th Addition (Scenic Page 534 Heights Road at Village Woods Drive) (Resolution #87-64) J. Final Plat of Edenvale Industrial Park 9th Addition (N. E. Page 537 Corner of T. H. #5 and Martin DrivT(Resolution #87-67) K. Receive Feasibility Report for Street and Utility Page 540 Improvements in Bennett Place and Blossom Road and Set Public Hearing for April�1987 I. C. #52-103 Resolution #87-69) L. Authorize Permit Application to MWCC for Connection of Page 541 ana-itary Sewer for the Tree Farm Addition County Road #1, west of Highway T9}—(Resolution-8 --1� M. Receive Petition for Trunk Watermain Extension to Serve Page 542 International School and Adjacent Properties and Authorize the Pre arat,2n of a Feasibility Study I. C._52-111 Resolution 87-71) N. Authorization to Execute Agreement with Arthur Young, & Page 544 Company for Comparable Worth _ Pay Equili Analysis IV. PUBLIC HEARINGS A. SUBURBAN NATIONAL BANK/PRESERVE MEDICAL BUILDING by Page 549 upplee's 7 H.I. Enterprises, Inc. Request for Comprehensive Guide Plan Change from Low Density Residential to Office on 1.09 acres; Zoning District Change from Rural to Office on 1.09 acres, with variances to be reviewed by the Board of Appeals; and Preliminary Plat of 1.D9 acres into one lot for construction of a two-story office building. Location: South of Anderson Lakes Parkway, west of County Road #18. (Continued Public Hearing from February 17, 1987) B. INTERNATIONAL SCHOOL OF MINNESOTA. Request for Comprehen- Page 550 sive Guide Plan Amendment from Medium Density Residential and Public Open Space to Elementary/Secondary School on 55.6 acres; Zoning District Change from Rural to Public on 55.6 acres; and Preliminary Plat of 55.6 acres into one lot for construction of a private school. The request also includes a change of the City Code, Chapter 11, Section 11.35, entitled "Public District," Subdivision 2, to allow private schools as a permitted use and private schools with boarding as a permitted use, and requiring park dedication of such uses. Location: North of Bryant Lake, west of Rowland Road, east of Beach Road and I-494. (Ordinance #12-87, Chapter 11 Ordinance Change; Resolution #87-60, Comprehensive Guide Plan Amendment; Ordinance #10-87, Rezoning; Resolution #87-61, Preliminary Plat) I City Council Agenda - 3 - Tues.,March 17, 1987 C. AMENDMENT OF CHAPTER 11, CITY CODE. Amending City Code Page 581 Chapter 11, Entitled Land Use Regulation (Zoning), and Readoption of City Code Chapter 11 in its Entirety as Amended Herein, 1) by Renumbering Several Paragraphs Under Definitions; 2) by Including Definition for a Maximum Base Area Ratio; 3) by Changing Special Requirements for Filing and Recording of Legal Descriptions and Zoning District Changes; 4) by Including a Column Designating Maximum Base Area Ratio; 5) by Amending Mechanical Equipment Screening Standards; 6) by Including Provisions for Required Landscaping in Residential Districts; 7) by Changing Provisions Relating to Off-street Parking Space Requirements for Office Use and Amending Exterior Material Design Standards to Omit Factory Fabricated and Finished Metal Framed Panel Construction; 10) by Adding Private Stables and Golf Courses as Permitted Uses in Rural Districts Exclusively; 11) by Providing for a Maximum Square Footage Requirement for Supporting Commercial Sales and Services to Office Users within Large Office Structures; 12) by Adding a Requirement Limiting the Square Footage Maximums for Neighborhood Commercial Services and Community Commercial Services; 13) by Providing for a Maximum Percentage of Gross Building Area That Supporting Minor Commercial Uses Can Occupy in Industrial Districts; 14) by Adding a Requirement to Specify "End Land Use" After Land Alteration Occurs and Identify Zoning of Property After Land Alteration Occurs Under Section Entitled Mining Operation and Land Alteration Regulations; 15) by Providing for a Maximum Size of Name Plates as Permitted Under Home Occupation Code; 16) by Renumbering Several Paragraphs Under Subdivision 2, Entitled Sign Permits; 17) by Adding a Definition for Sign Base; 18) by Adding Area Identification Regulation Criteria Under Subdivision 3 Entitled General Provisions; 19) by Adding Sign Base Criteria Under Residential Districts; 21) by Amending That Portion of the Commercial Sign Ordinance by Consolidating Permitted Commercial Sign Criteria Under One Heading for All Commercial Districts; 22) by Deleting Paragraph D of Subdivision Four of Section Entitled Sign Permits; 23) by Amending That Portion of the Office Sign Ordinance by Including Provisions for Wall Signs for Each Elevation and Including Sign Base Criteria; 24) by Adding Sign Base Criteria to Industrial Districts; 25) by Adding Sign Base Criteria to Public Districts; 26) by Relettering Paragraphs under Section Entitled Sign Permits; 27) by Adopting Zoning Map Entitled "Zoning Map of the City of Eden Prairie," dated January, 1987; and 28) Readoption of City Code Chapter 11 in its Entirety as Amended Herein. (Ordinance #9-87) D. WILLIAMS' MINI-STORAGE, by Bob Williams. Request for Rezoning Page 608 from Rural to I-2 Park for 0.5 acres for construction of mini- storage warehouse. Location: East of Highway 169, south of Anderson Lakes Parkway. (Ordinance #11-87) E. YEAR XIII PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT CDBG Page 609 PMGRAM i Llty LounclI Hgenaa - q - iue:,.,ridren ii, iytli V. PAYMENT OF CLAIMS Page 611 VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. BERNE ADDITION, by Donald and Harriet Berne. Request for Page 620 Preliminary Plat of 1.04 acres into two lots, with frontage variances to be reviewed by the Board of Appeals. Location: 7332 Franklin Circle. (Resolution #87-73, Preliminary Plat) S B. TOPVIEW ACRES-291n ADDITION, by Jerrold T. and Cris Miller. Page 623 Request for Preliminary Plat of 3.7 acres into six single family lots and one outlot. Location: Northwest quadrant of Gerard Drive and Beehive Court. (Resolution #87-74, Pre- liminary Plat) C. PRAIRIE VIEW 2ND ADDITION, by Prairie View Associates. Page 628 Request for Preliminary Plat of 14.6 acres into two lots. Location: North of Plaza Drive, east of Prairie Center Drive. (Resolution #87-75, Preliminary Plat) D. Request of Hennepin County for Final Plan Approval Page 633 for Baker Road Improvement Between C.S.A.H. #62 and Roberts Drive and Approval of Cooperative Construction gA regiment Resolution 8 - ) VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Bicentennial of the U.S.. Constitution - 1 Appointment B. Appointment of Councilmember to Work with Mayor and Staff on Landfill Issues X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Set Time/Date for Meetinq of Canvassing Board 2. City Manager Performance Review Form and Procedure Page 647 for Future Salary Adjustments 3. Meeting with Steve Keefe, new Chairperson of the Metropolitan Council B. Re ort of City Manager j_ 1. Discussion on Communication Page 653 2. Proposed Policy on Smoking at City Hall Page 654 3. New Fire Station & Fire Station Remodelings Page 661 j City Council Agenda - 5 - Tues.,March 17, 1987 C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Community Services F. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT - - I j i I 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY, FEBRUARY 24, 1987 3:00 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Planning Director Chris Enger, Assistant Planner Dave Lindahl, Assistant Planner Don Uram, Recording Secretary Jan Nelson ROLL CALL: Councilmember Pidcock arrived at 3:50 PM. Mayor Peterson called the meeting to order at 3;10 PM. Referring to his memoranda of January 30th and February 20th which provided background information on the Major Center Area, Planning Director Enger reviewed the development of the M.C.A. He said they currently use the 1982 Guide Plan to determine what uses are appropriate in the M.C.A. He also reviewed the statistics regarding the population of Eden Prairie, the number of jobs available in the City, the number of residents who work in the City, and the long-range impact of those statistics on traffic and development in the City. Enger enumerated several options he thought were available for directing development within the City including such things as providing additional housing diversity where possible, encouraging businesses such as high-tech that would provide higher salaried jobs, controlling the density of industrial/ commercial/office development, and encouraging the "company-town" concept. He said he was concerned that future development meet the needs of the resi- dents of Eden Prairie rather than just the needs of the transient population. Anderson asked if we have looked at the advantages and disadvantages of going in each direction with development; that is, providing for the residents or for the working population. Enger said a final population of 45-60,000 resi- dents would mean the same density as it is now throughout the City, and that he thought it would be important to have opportunities for the residents to work here. Peterson asked if there are any numbers or opinions on the transitional process that leads more residents to find employment in Eden Prairie and more people who work here to move to Eden Prairie. Enger said it would occur if there are employment opportunities and housing that match. Councilmember Pidcock arrived at 3:50 PM. rJ u -2- Bentley said he didn't think we can separate ourselves from a regional per- spective; therefore, we must do planning based on the needs as reflected by our own community while not ignoring the needs of our position in the region. In terms of development, he believes the market-driven aspect is going to continue to be the dominant feature determining where office/ commercial/industrial development occurs. He said he thought there is a limit to what a community can do in terms of prohibiting certain types of develop- ment. Peterson said he agreed that the market does drive development, but he also believes that what the community has decided to do in terms of education, parks and recreation facilities has been proactive and not market-driven. He said he thought we have a primary commitment to the life of the people who now live here and who will live here. Enger said he was concerned with what the response should be to a development proposal that requests a F.A.R. of 1.0. Peterson said he thought that is a problem and such a project would definitely cause more traffic problems. Anderson said he was concerned about the quality of life when the population reaches 50-60,000 and there are 150,000 jobs in the City, particularly in view of the fact that those figures may be reached sooner than expected with the lower interest rates causing increased numbers of housing starts. Focusing the scope of the discussion to the M.C.A., Bentley said he has concerns regarding the existing document that deals with the M.C.A. as he believes many // of the premises that the document was based upon are no longer valid. He l believes tremendous development pressure is occurring in the M.C.A. while the area is guided very generally. He said the document does not support our desire to downsize development in the area, and he is concerned that existing development may be relying on the premises contained in the existing document. Enger said that the M.C.A. document is no longer valid; that it was adopted by resolution and is not an ordinance nor part of the Comprehensive plan. He said we haven't used it for years and that the existing Comprehensive Guide Plan and zoning ordinances comprise the framework within which we are governed. He said the M.C.A. document should be used as an historical document to provide the philosophy and expectations for development in the past. Bentley said he was suggesting that we need to establish a new document of some sort that is derived based upon current thinking and a considerable amount of public input from the entire City. He said we should do that now before the opportunity escapes us. He said he supports the studies outlined in the memo, but he has a problem in terms of dictating the densities of development based on traffic projections only. Pidcock said she thought we could build on what we have rather than doing something new. Bentley said he thought that will be the end result but we have to get a cohesiveness. Harris asked about the 1982 Guide Plan. Enger said the 1982 Guide Plan is bona fide; whereas the M.C.A. document operates as a general plan or guideline but has no legal standing and is out of date. He noted that the M.C.A. document was by no means a far-ranging, community-wide document while the 1982 Guide Plan was i developed with much community input. i J� -3- MOTION: Bentley moved, seconded by Anderson, to direct that the following items be performed regarding the Major Center Area with a tentative deadline of May 1st to report back to the Council: 1) Reactivate the Development Commission and give them the task of developing a list of needed developments and services in the community; 2) Refer to the Parks Commission the issue of redefining an overview of our park and recreation goals in the M.C.A.; 3) Refer to the Planning Commission the list of uses based upon the sectors outlined on the map provided by Staff for their review and comments as to how they feel about those uses; and 4) Update the existing 1985 traffic study. Enger noted that we have received a proposal for updating the traffic study and Director of Public Works Dietz will be bringing that to the Council soon. Peterson said there is merit in consideration of all these items but he was caught off guard by the suggestion to refer the items to the various commissions. Bentley replied that the Council should be in control of the overall, broad spectrum of the issue. A discussion followed as to whether such action could be taken at this meeting. City Manager Jullie asked how action regarding a possible request for a higher F.A.R. would fit into this recommendation. Bentley said that is a separate issue that is not even being addressed at this time. Enger said we have the comprehensive traffic study that can be used to answer requests for a higher F.A.R. until something else is developed. Peterson said it was apparent that each member of the Council is concerned about the concrete issues and the philosophical issues and, further, that they would agree that what is being done is being done well. He said we have the proper documents and ordinances to tontine to do the job well but the major concern is with the remaining parcels. He hoped that the Council can at some point return to the philosophical issues, such as for whom are we bulding this community. Anderson noted that what we do with the M.C.A. has an effect on the total community; therefore, we need to ask what a particular development will do to this community and the quality of life. Bentley said there are many people in this community who feel very strongly that we will allow such things as taller buildings and higher densities in the M.C.A. For that reason we will have a lot of angry people when we say they can't build a nine-story building because of the traffic impact. Peterson said maybe we can work some creative partnerships for providing I` transportation or places to live. He believes there is an increasing impetus u�.3 -4- for public transportation. Bentley said we cannot count or rely on any outside t� transportation system because the Met Council and the regional transit board { have excluded Eden Prairie from any plans for such things as a light rail system. Pidcock asked if we have dealt with the pedestrian issue. Bentley said that was one of the specific issues he wanted Park & Rec to discuss. Peterson said he would not be in favor of the first item in the motion. sBentley asked how we will deal with the list of needed uses and services. Peterson said he thought that was part of the philosophical issue or would be determined by the market. Bentley said he thought we could determine how the 'property will be developed. Jullie said he thought Mr. Enger had provided a. starting point .for this issue in his report on what land is left and what the types of development are that we should have. He said he didn't see that the Development Commission would add to that process. Bentley said the Development Commission did this once before as to the primary development-objectives for the City as:a whole so he did not feel this wasi beyond the scope of what they have been asked to do. Harris said she thought Items 2 and 3 look at existing situations:and she was in favor of them, but she felt we should remove Item 1`unti.1 we have discussed the Development Commission and its mandate. ( Bentley said he thought there were two different issues here; one, that this list tanks about allowable uses in different quadrants; and two, what do we need_. in the community. He felt we need to put the two issues together as an ultimate goal. He said that he would withdraw Item 1 with the understanding.that the issue of development priorities in the M.G.A. for community,heeds will have to be addressed at some time. Peterson asked if there were any uses that the community may need that are not on the list of possible uses. Bentley said he meant developing a prioritized list of needs for the community, such as a convention hotel,is our number one priority. MOTION: Bentley moved, seconded by Anderson, to amend the motion by deleting Item 1. Motion carried unanimously. VOTE ON THE AMENDED MOTION: Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 5:00 PM. _!ff SSI { gay UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY. MARCH 3, 1987 7.30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson 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: III. J. THE TREE FARM b Countryside Investments Inc.; X. A. 1 . Peterson - Handout regarding communication; X. A—. -,r—. — Peterson - Request for smoking policy at new Ci—'ty Hallt X. A. 3. Harris - Revised performance evaluation for City Manager; X. Pidcock - Policy for Council workshops; X. B. 1. Appreciation dinner for retiring firemen MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. City Council Meeting held Tuesday, February 17, 1987 The following change was made to the Minutes: page 22, paragraph four, sentence two -- change 'organizations" to "organizations who make advance reservations". i MOTION: Bentley moved, seconded by Harris, to approve the t Minutes of the regular City Council meeting held February 17, 1987, as amended and published. Motion carried unanimously. y S III. CONSENT CALENDAR t A. MEADOW PARK 3RD ADDITION, by J B & D, Inc. 2nd Reading of Ordinance 58-8 , Rezoning from Rural to R1-13.5; QO City Council Minutes -2- February 17, 1987 Approval of Developer's Agreement for Meadow Park 3rd Addition; and Adoption of Resolution #87-43, Authorizing Summary of Ordinance #58-86, and Ordering Publication of Said Summary. 31 .5 acres into 29 single family lots and one outlot and road right-of-way. Location: Northwest quad- rant of Homeward Hills Road and Sunnybrook Road. (Ordinance #58-86, Rezoning; Resolution #87-43, Authorizing Summary and Publication) B. CARMEL 6 & 7, by Hans Hagen Homes, Inc. 2nd Reading of Ordinance 2-87-PUD-1-87, Rezoning from Rural to RI-13.5s Approval of Addendum to Carmel Addition Developer's Agree- ment; and Adoption of Resolution #87-53, Authorizing Sum- mary of Ordinance ;#2-87-PUD-1-87 and Ordering Publication of Said Summary. Zoning District change from Rural to R1-13.5 on 0.66 acres; platting of 16.26 acres into 27 single family lots. Location; North of Fallbrook Road and east of Thornhill Road. (Ordinance #2-87-PUD-1-87, Rezoning; Resolution #87-53, Authorizing Summary and Publi- cation) C. 2nd Reading of Ordinance No. 5-87 Amending Section 5.30 of the City Code Regarding Amusement Centers. Ordinance 5- 7 D. TJH PLAT, by TJH Partnership. Preliminary and Final Plat Approval for Prairie Business Park Condominium #509 (Resolution No. 87-50, Preliminary Plat, Resolution No. 87-56, Final Plat) E. Authorizing Transfer of Property Ownership in Bluffs West 5th Addition F. Receive Feasibility Study for Prairie View Drive Street and Utility Improvements and Setting Public Hearing for April 21 I.C. 2- 0 Resolution #87-51) G. Resolution Supporting Ap r.oval of the Henne in Count Federal Aid Urban F.A.U. Project Submittal or Proiects within the City of Eden Prairie for 169 Through 1991 Resolution 7- 57 H. Change Order #1 - Water Treatment Plant Improvements Project No. 52-072 I. Reaffirmation of Appointments to Southwest Transit Commission J. THE TREE FARM, by Countryside Investments, Inc. 2nd Reading of Ordinance #1-87. Rezoning from Rural to RS-13.5; Approval of Developer's Agreement for the Tree Farm and Owners' Supplement to Said Agreement; and Adoption of Resolution #87-52, Authorizing Summary of Ordinance #1-87 and Ordering � `- City Council Minutes -3- February 17, 1987 �M Publication of Said Summary. 33.6 acres into 72 single family lots and one outlot. Location: South of County Road #1, west of Surrey Street. (Ordinance #1-87, Rezoning; Resolution #87-52, Authorizing Summary and Publication) MOTION: Anderson moved, seconded by Bentley, to approve Items A - J on the Consent Calendar. Motion carried unani- mously. IV. PUBLIC HEARINGS A. DEER CREEK 2ND ADDITION, by Thomas M. Carmody. Request for Planned Unit Development Concept Amendment on 80 acres, Planned Unit Development District Review on 80 acres with variances and Zoning District Change from Rural to R1-9.5 on 10.5 acres, Preliminary Platting of 12.6 acres into 31 single family lots, one outlot, and road right-of-way. Location: West of Anderson hakes Parkway, East of Carmody Drive. (Resolution #87-54, PUD Concept Amendment; Ordi- nance #8-87, Rezoning; Resolution #87-55, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. ( Ray Brandt, representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission re- viewed this item at the February 9th meeting and, on a unanimous vote, recommended approval subject to the recom- mendations of the Staff Report of February 6, 1987. He said that all of the items required to be revised prior to Council review have been revised. He said that the exist- ing five-foot concrete sidewalk along the north side of - Carmody Drive will be extended through the project site to connect with an eight-foot bituminous trail along Anderson Lakes Parkway. Enger noted that the Parks Commission did not review this item. Peterson asked if the concerns of the neighbors regarding the loss of trees from grading and backfill had been addres- sed. Enger said Staff has completed a tree inventory since the Planning Commission review, and proponent has been asked to revise 'the plan so that the amount of tree loss will be reduced. Bentley asked if there were any significant issues raised by the public or the Planning Commission that were not addressed in the Staff Report. Enger said the primary concern was that of saving trees and reiterated that since the Planning Commission review the tree loss has been reduced and a re- placement plan has been submitted. City Council Minutes -4- February 17, 1987 Bentley asked if this is a medium-density project. Enger replied that the eastern part of this area is shown on the Comprehensive Guide Plan as medium-density residential and that the density will be 2.95 units per acre. Bentley then asked what type of housing unit is proposed for these lots. Enger said it will be small, single-family homes. Bentley then asked if there would be restrictions relative to footprints and total allowable F.A.R. for the lots. Enger replied that the ordinance for the R1-9.5 lots con- tains a restriction of 15% for one story homes and 25% for two story homes and that this project is consistent with the City's policies for small lots. Michael Carmody, representing proponent, said prices will range from $90-120,000 and the size will range from 960 sq. feet to about 1400 sq. feet. Noting that the size of the lots appears to be the same as in Edenvale or the Preserve, Bentley said he wanted to make sure proponent was aware that there are F.A.R. restrictions. Mr. Carmody replied that the plans range in width from 40 feet to about 55 feet. Regarding the issues raised in the Staff Report relative to variances requested for front yard widths, Bentley asked if the widths are now at least 70 feet on the building pad. Carmody said they are. Anderson asked if there is any way to control traffic on Carmody as the residents there had voiced their concerns to him regarding the narrow width of the street, the amount of traffic and the inadequate parking along the street. He said the problems may worsen once this becomes a through street. Director of Public Works Dietz said it is 32 feet wide and would be classified as a minor collector. Mr. Carmody said there are a number of through streets in the area so it won't be the only one out to Anderson Lakes Parkway. Peterson said he thought that rather than considering widening the street it would be better to restrict parking on it at some time in the future. Anderson agreed it would not be feasible to widen it now, but he thought we may have to sign one side for no parking. Regan Massee, 15571 Michele Lane, said he thought traffic might be slowed a little by putting a stop sign or two along Carmody. City Council Minutes -5- February 17, 1987 Anderson said he wanted to discuss this at the upcoming workshop on sidewalks and trails. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution Nob 87-54 for the PUD Concept Amendment on 80 acres., Motion carried unani- mously. MOTION: Harris moved, seconded by Pidcock, to give 1st Reading to Ordinance No. 8-87 for Rezoning from Rural tc R1-9.5 on 10.5 acres. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Reso- lution No. 87-55 approving the Preliminary Plat of Deer Dreek 2nd Addition for Thomas M. Carmody. Motion carried unanimously. MOTION, Harris moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. Vacation of Draina a and Utilit Easements Over Outlot G. Edenvale Industrial Park Resolution No. 7- 9 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bentley noted that this is essentially 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. 87-49, vacation of a drainage easement on Outlot G, Edenvale Industrial Park. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS 33029 - 33269 - Harris asked about Item 33089 to Afton Alps Ski Area for $319.00. City Manager Jullie said this amount was for recreation field trips that are paid for by fees. MOTION: Bentley moved, seconded by Harris, to approve the Payment of Claims Nos. 33029 - 33269. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. �iC01 City Council Minutes -6- February 17, 1987 VII. PETITIONS, REQUESTS & COMMUNICATIONS There were none. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS A. Historical & Cultural Commission - 1 Appointment (two-year g Marc term commencinh 1, 9 y Peterson noted the request for consideration for this appointment from Gwen L. Barker dated February 23, 1987. Anderson nominated Gwen Barker for appointment to this position. MOTION: Bentley moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appoint- ment of Gwen L. Barker for a two-year term commencing March 1, 1987 on the Historical & Cultural Commission. Motion carried unanimously. B. Bicentennial of the U.S. Constitution - 1 Appointment Peterson noted that he had not yet received a recommenda- tion from David Anderson, School Board Chair, so he would recommend continuing this item to March 17th. MOTION: Bentley moved, seconded by Harris, to continue this appointment to the March 17, 1987 meeting of the City Council. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to ask Mark Weber to convene the Committee for the Bicentennial of the U.S. Constitution. Motion carried unanimously. X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members 1. Peterson= Handout regarding communication Peterson referred to his memo of March 3rd regarding communication and his suggestion to explore the feasi- bility of regularly cablecasting the Council meetings ` and of a periodic cable show related to items of interest to Eden Prairie residents. i 4) City Council Minutes -7- February 17, 1987 MOTION: Bentley moved, seconded by Pidcock, to ,direct Staff to explore the feasibility of regularly cable- casting the Council meetings, and the feasibility of a periodic (quarterly, monthly or weekly) cable show specifically related to issues, persons and events that affect Eden Prairie, as outlined in Mayor Peterson's memo of March 3, 1987 regarding Communication. Harris said she thought this is a very good ideas however, in light of the costs that might be involved, she asked if there is any way to assess interest in the community in watching cablecasts of this sort. Peterson said, while that is difficult to determine, it is one of the things Staff will have to explore, and there are some people who have expressed great interest in this. Harris asked if there might be some indications from communities using such cablecasts. Pidcock said that. knowing the number of people who use cable would be helpful. VOTE ON THE MOTION: Motion carried unanimously. 2. Peterson - Request for smoking, policy at new City 'Hall Peterson noted his apologies for including this item that will require action tonight without prior informa- tion. He read a brief statement regarding establishing a smoking policy whereby the new City Hall would be a smoke-free building or a policy as close to that as - feasible. Bentley noted there are inherent problems any time a smoke-free environment is declared in the workplace. He said he thought it was within reason to ban smoking in areas that are of public concourse, but that there i should be some designated smoking area within the building. Pidcock said she would like to see a smoke-free environ- ment. Harris said she is very concerned about health, both that of the smoker and of those who must associate with a smoker. While she would like to see a smoke-free environment, she said she would opt for setting aside a designated area for those who must smoke, provided .it is well ventilated. Anderson said he was concerned about how smoking relates to the cost factors for medical and health insurance, absenteeism, shorter life span and other factors He City Council Minutes -8- February 17, 1987 said we should be concerned about the physical well- being of the employees as well as the cost factors in- volved. He said he would also like to investigate possibilities for encouraging those with a very diffi- cult problem quitting smoking to do so, or possibly for restricting employment of,smokers. Bentley commented that he believes such employment regulation would then have to be extended to cover alcohol consumption or other activities that are considered unhealthy. MOTION: Bentley moved, seconded by Anderson, to direct staff to complete a study of establishing a smoking policy for the new City Hall, including some suggestions for programs to provide assistance for those who find it difficult to quit smoking, and return to the Council with recommendations for discussion at the March 17, 1987 City Council meeting. Motion carried unanimously. 3. Harris - Revised Performance Evdluation for City Manager Harris distributed copies of the proposed Performance Evaluation for the City Manager and expressed her thanks to Natalie Swaggert for her assistance to Mrs. Pidcock and herself in this project. She said they felt the - j previous document was somewhat redundant and was very subjective, so they decided, in effect, to create a new document. Harris said they have broken down the rules and responsi- bilities and are recommending a change in the process for the evaluation. She said there is now a section that incorporates an evaluation of annual goals and objectives. She outlined the major areas of change from the previous document and reviewed the general for- mat of the proposed revision. Harris said they are proposing that the Mayor and one other Councilmember be appointed to perform an assess- ment based on performance evaluations of the City Manager from all of the Council members. Peterson asked about the rationale for the relative weighting of the sections and asked if they had dis- cussed a process by which the Council would annually identify goals. Harris responded that they did not address such a process as they felt it was a decision the Council must make as it involves more than just two Council members. Bentley said he assumed that we were not approving this tonight and noted that there was nothing discussed in City Council Minutes -9- February 17, 1987 terms of a public review process. Harris said that under Minnesota law the aggregate score is a part of the Manager's personnel record. Bentley said he thought one of the more important aspects of the manager's review is the public review, but he also thought it would be good for the Council to perform a private review prior to that. Pidcock said that was their intent. Bentley asked if the proposed point grading system allowed for decimal point ratings, such as 2.7. A discussion followed regarding such ratings. Bentley then asked how they proposed to handle the annual objectives for this year since we have not deter- mined in advance what goals and objectives the manager was supposed to have accomplished. Harris said this is a year of transition and she thought there were things discussed a year ago that could be used for this cate- gory. Bentley said he had concerns about that because it might be done very subjectively since goals were not previously identified. Harris said it would be possible to either identify some of the issues or to give the manager a full 20 points for that section. She said it might be possible to do a six-month evaluation which would occur in November and would be in time for salary action in January as they are also suggesting that the City Manager's salary action coincide with that of other City employees. Peterson said he believed we had identified this process to be completed by June 1 of each year. A discussion followed regarding the previously-determined process. Pidcock said she realized the establishing of goals for this year presents a problem, but she believes it can be overcome by recognizing that certain things could be accomplished in a certain number of months. Anderson said he was somewhat concerned about the evalua- tion process which calls for each Council member to complete the evaluation form and forward it to the Mayor who, along with only one other Council member, performs the review, seemingly without the knowledge of the full City Council. Harris said it was intended that there ' would be a public presentation of the aggregate evalua- tions. Anderson said the document does not make that clear. Peterson said he would like to see the entire i review process specified in the document. Bentley said he was concerned that the evaluation of goals not be based on retroactive goals but rather on City Council Minutes -10- February 17, 1987 mutually-determined goals set at the present time so that progress towards those goals could then be assessed at the time of evaluation. Peterson said he would be inclined to take the first option and give him the 20/ in this transitional year. He asked if the intent was for the Council to receive the revised evaluation at this time and then discuss it further at the next meeting. Harris said that was correct. Peterson asked if the timeline could be ex- tended in order to allow time to specify the process. Harris responded that there should also be some time to discuss it with the City Manager. Harris said they would also like to have a salary range set for the City Manager, and she would propose that the - Council charge Ms Swaggert with establishing such a range. Bentley asked her to elaborate-on that. Harris said most positions have a salary range`established for them and Ms Swaggert is now establishing a 'range for other City employees. She said this would give us in- formation that could ensure the City Manager is appro- priately rewarded. Peterson asked if that would not tie the salary action to the performance review, which is what we don't want to do. Harris said salary actions should not be tied to performance review but should reflect the performance. Peterson asked if she is suggesting there is a more precise way to set salary than we have done in the past. Harris said they would like to ensure that we have formalized that process in a way that provides equity to the individual who holds the position. Peterson said this is another factor that goes beyond performance review, and we may not want to get into this tonight. Bentley noted that he is uncomfortable with Natalie Swaggert being involved in this because she is an employee of the City Managers therefore, he would strenuously object to involving anyone but the Council in any sort of salary review or performance I ,, review of the Manager. is l Harris pointed out that they are not talking about review, but rather about providing information. Bentley said even that concerns him, and he hoped if that is I` going to become a policy of the City it would be brought before the Council as a policy decision for a thorough review of the process and how it will be implemented. j` City Council Minutes -11- February 17, 1987 Peterson suggested that Harris and Pidcock draft a preliminary document explaining the rationale and the process for future Council consideration. City Manager Jullie said they have been planning to follow up the comparable worth study program with a compensation study. He said they will be suggesting that a consultant be retained to help in the applica- tion of the comparable worth results. He saidperhaps that ought to include every position in the City so that we could come back with a compensation plan relat- ing to comparable worth. Bentley said he considers the City Manager a "hired gun" for the City Council, and thus a separate entity from the rest of the City staff. As such,. his pay structure and review process should be solely determined by the City Council. Anderson said he was concerned about this because the City Manager is hired by us. Since considerable amounts of money have been spent on it, he thought we should go through and evaluate the comparable worth study and get the information on the manager's scale through the metropolitan area. He said we have an-obligation to know where our City is compared to .other cities for all positions, not just the manager's position. He also said he would like to have Mr. Jullie's comments on the rationale and the process proposed. 4. Pidcock - Policy for Council workshops Pidcock said she would like to have a policy set that no formal action would be taken at Council workshops. She said she had understood last week's meeting was to be a workshop and as such would be a brainstorming ses- sion without any action taken. , 1 Anderson noted that, in the past, if it is a bona fide City Council meeting we were allowed to take action and - 1 have, i fact, passed many resolutions at such special � meetings. i Peterson said he thought we have to be quite careful about introducing motions for quick response. He said those generally come without written documents or analy- sis and review, and we should be very cautious. about the kinds of motions to be introduced. He said it might be advisable for us to agree that workshops, unless we: { know that motions will be proposed, will be for discus- sion purposes and subsequent action will be taken at. a regular Council meeting. J� City Council Minutes -12- February 17, 1987 Anderson said that Councilmembers have the prerogative of voting against a particular motion, and he did not want to eliminate the option of taking action at special meetings. Harris said she thought there *are different types of workshops; some are informational and others are more geared to making a decision. Bentley said he entered workshop sessions and other Council meetings with the expectation that issues may have to be dealt with regardless of what the intent was for holding the session. He said he would prefer receiv- ing a memo to holding a workshop that was informational only. He also said workshops are generally held for the purpose of taking a lengthy issue,out of the regular Council meeting agenda; therefore, if action can only be taken at regular meetings, the issue will have to be discussed again at the regular meeting and the pur- pose of the workshop session will not be achieved. Peterson said he thought discussion would be minimal at the following Council meeting. He thought a proposed motion should be drafted similar to those for Public Hearings and included in the packet or a memo from a Councilmember. He said we probably don't want to pro- hibit ourselves from entertaining and passing motions; however, he felt that workshop time is time well spent even if we don't make decisions. He said, further, that there are things that can't be done as well by memo. Anderson said in cases where Staff has prepared and dis- tributed a great deal of information prior to the meeting so that we can come up with some conclusions, why post- pone the decision to a regular meeting when there are many other things to deal with. Bentley said he thought we have overlooked the issue of decisiveness. He said we run a risk of appearing in- decisive to the public if we, in effect, study an issue to death. Peterson noted that Councilmembers have the prerogative i of abstaining or voting "no" on a motion if they feel there hasn't been enough discussion or action is pre- mature. Anderson said he thought the purpose of our workshops was to obtain information in order to reach a conclu- sion, whether at that meeting or at another meeting. I�I f JV� City Council Minutes -13- February 17, 1987 Peterson said he would rather be accused of being slow to make decisions than of being precipitous. Pidcock said she brought up this subject because several workshops are scheduled, and she wanted to ensure that we have adequate time to handle the material covered in the workshops. B. Report of City Manager 1. Appreciation dinner for retiring firemen At this point Mayor Peterson turned the chair over to Councilmember Bentley. City Manager Jullie reported that there are five charter firemen who will be retiring in the near future, and the Fire Department is planning an appreciation dinner for them on Thursday, March 1.2th at 6:30 PM. He said all Councilmembers and spouses are invited to attend the dinner to be held at the Central Fire Station. He said there will also be an open house for them on Sunday, March 15th at the Edenvale Country Club. He said he will send a memo to the Councilmembers on both events. Jullie said he will be preparing a letter of apprecia- tion for their service to be signed by the Mayor and himself on behalf of the Council. At this point Mayor Peterson resumed the chair. C. Report of City Attorney City Attorney Pauly reported that the meeting of the E.R.C. of the Met Council held on February 18th resulted in a tie vote of 2-2 on the proposal to recommend to the Met Council to not do the supplemental E.I.S. He said the discussion was rescheduled for consideration by the committee again tomorrow. D. Report of Director of Planning There was no report. E. Report of Director of Community Services '- 1. Survey on Lake Conference School/City Agreement for Righ Sc ooI Hockey Gaiie costs Director of Community Services Lambert referred to his memo of February 16th regarding Community Center fees and said that a survey had been done of the Lake Con- ference schools and arenas, the results of which were City Council Minutes -14- February 17, 1987 summarized in the Staff memo of February 20th. He said he talked to Merle Gamm and Steve Schultz of the School District about this so they would be aware of our consideration of this subject. Lambert said he thought we should be discussing other fees in addition to those for the hockey games. He said he thought we should continue to review fees for the Community Center in general and return with a recom- mendation on all the fees there. He said he thought that could be completed within two months, and he would recommend that it be done by a joint study com- mittee to include City Staff and Steve Schultz, the Athletic Director of the School District. Bentley said he hoped one of the options looked at would be to lower fees in order to attract more people to the facility. Lambert said Staff has discussed memberships and has determined that it might be best to simplify the memberships and perhaps offer more benefits with the memberships, such as discounts on lessons. Bentley said he thought they should also look into some comparative cost advertising with comparable facilities in the area. Peterson said he didn't believe we want to announce to private athletic facilities that we are in direct competition and compare fee structures. Lambert said he thought we could promote our membership and fees without that sort of competition. Peterson asked if this is the kind of thing that we might ask the advice of a marketing person about. Lambert said he would have no problem with talking to a marketing specialist but it would require some funding. Peterson then asked about the recommendation to form a joint study committee with Staff and Steve Schultz. Lambert said Steve is the only School District repre- sentative necessary on the committee and that Chuck Shaw of the Parks Commission indicated his willingness to serve on the committee. Lambert said the committee would probably be made up of himself, Tom Eastman, Rick Bolinski, Chuck Shaw, and Steve Schultz, and they would determine the possible revision in the fees and return to the Council with recommendations. Peterson said he would like to open the committee mem- bership to Council members who might like to serve. Anderson said he would like to serve on the committee. City Council Minutes -15- February 17, 1987 Lambert said it would probably require two or three meetings to develop a recommendation for Council con- sideration. MOTION: Bentley moved, seconded by Anderson, to appoint a joint study committee to determine a possible revi- sion in the fee schedule for the Community Center facilities and to direct the committee to return to the Council with recommendations within 60 days. Motion carried unanimously. MOTIONt Pidcock moved, seconded by Harris, to appoint Councilmember Anderson to serve on the joint study committee for Community Center fee schedulerevision. Motion carried unanimously. Anderson said he wanted to thank Bob Lambert and his staff for this complete information that provides a very comprehensive review. 2. CDBG Grant for Discretionary Funds for New Senior Center Improvements Lambert reviewed the Staff memo of February 25th re- garding application for Community Development Block Grant Discretionary Funds to renovate:the lower half. of City Hall for the new Senior Center. He said the majority of the $65,000 request is for purchase and installation of kitchen equipment in order to serve hot meals at the new center. Anderson asked if this is a federal grant. Lambert said it is federal money that comes to the State. Peterson asked if there would be some provision for cooking meals there. Lambert said there would be, but the majority of the expense would be for equipment to keep the meals warm after they are delivered from the School. MOTION: Anderson moved, seconded by Harris, to authorize Staff to proceed with the application process to request $65,000 from the Community Development Block Grant Dis- cretionary Account for the purpose of renovating the 1 lower half of City Hall for the new Senior Center. �- Motion carried unanimously. F. Report of Director of Public Works There was no report. i City Council Minutes -16- February 17, 1987 XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 9:35 PM. Motion carried unanimously. asi i ' j " I 5IJ CITY OF EDEN PRAIRIE �l CLERK'S LICENSE APPLICATION LIST March 17, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Acoustics Associates, Inc. AAA Co-on Plumbing & Heating Act 90, Inc. Aarons Plumbing Arachne Alta Mechanical Ballard Construction Andreasen Plumbing & Heating Bar-ett Construction Bredahl Plumbing David Investmant Co. Burkhardt Plumbing Future Building Systems, Inc. Comfort Center, Inc. Hans Hagen Homes p. C. Mechanical Gary Hoehn Builders Dan the Plumber Rafco Construction Co. Wayne Dauwalter Plumbing ITT Schadow, Inc. Dependable Well Company Wm. F. Schneck & Sons Doran Enterprises Steenberg-Henkel Construction Egan & Sons Company Sussman Construction Elander Plumbing The Tipton Corporation C. Fadden & Sons Trumpy Homes, Inc. Forcier Plumbing Terry Vogt Construction Groth Water & Sewer Wanless Construction Co. H. I. S. Plumbing Co. Raymond E. Haeg Plumbing Harris Mechanical Contracting CONTRACTOR (1 & 2 FAMILY) Jerry's Plumbing Larson Plumbing Allpro Builders, Inc. Leo's Plumbing Arwidson Builder, Inc. Mcouire Mechanical Services, Inc. B & E Enterorises MCQuire & Sons Plumbing Barsness Construction Metr000litan Mechanical Contracting Richard Burton & Associates Minnesota Plumbing & Heating Danny's Construction Northrup Mechanical Daystar Builders Plumbing Heating of-Willmar, Inc. Dundee Construction Prairie Plumbing Comnanv Terry Elfering Construction Quality Rooter Finnamore Bldg. Coro. Richfield Plumbing Comnanv Fireplace Construction Co. Kilcris, Inc. Stant Plumbing N Heating Lan-De-Con, Inc. Star Plumbing C. W. Morris Construction Thoen Plumbing & Heating T. P. Shillock Construction Wenzel Plumbing .& Heating, Inc. Wooddale Builders, Inc. Western PLumbinq & Heating UTILITY INSTALLER WELL DRILLING Western Plumbing & Heating ; Dependable Well Company Donald A. Rogers SEPTIC SYSTEMS Swedlund Sewer & Water rr ' ' CLERK'S LICENSE APPLICATION LIST page two GAS FITTER RETAIL CANDY OUTLET Buckeye Gas Products Fannie yay Candv Shop Centraire, Inc. Dependable Heating & Air Cond. TYPE C FOOD Economy Gas Installers, Inc. Ron Erickson Heating & Vent. Eden Prairie Grocery Farmer's Heating & Cooling, Inc. Flare Heating & Air Cond. Peddlars Larson Plumbing Leo's Plumbing Jurior Careers (Candy) Metropolitan Mechanical Cont. Minnesota Plumbing & Heating REFUSE HAULER Paragon Htg. & A/C Richfield Plumbing Co. Eden Prairie Trashtronics GAMBLING HEATING & VENTILATING American Legion Post #409 Al's Heating & Air Conditioning Centraire, Inc. Egan & Sons Company Ron Erickson Heating & Vent. Farmer's Heating & Cooling Flare Heatina A Air Cond. General Sheet Metal Gopher Heating & Sheet Metal Magnuson Sheet Metal Metropolitan Mechanical Minneaota Plumbing & Heating Paragon Htg. & A/C Pioneer Sheet Metal Southside Heating & Air Total Energy Heating & Cooling Wenzel Plumbing & Heating, Inc. These licenses have been approved by the department heads responsible for ,thy licen d activity. Pat S�cQ Licensing MEMORANDUM TO: Mayor and City Council i FROM: Sandra F. Werts, Recreation Supe 1�{ DATE: March 11, 1987 //" SUBJECT: Extension of Transit Bus Service to New Senior Center,(current City Hall) Sometime this summer, when renovations are completed, .the Eden Prairie,Senior Center will be moving to the current City Hall. Staff feels that the Southwest Metro Transit buses on the circular route should serve the Center. This would encourage both ridership and participation at the Center. Currently the buses comewithin a mile of City Hall, turning at Scenic Heights Road and County Road 4. The bus stops at the Senior residence" at Edendale and would also,be accessible to the residents of the new Senior, housing_to be built on -the east side of County Road 4 and Highway 5. Staff has discussed the change with Beverly Miller, Southwest Metro Transit Administrator. She is planning to have schedules reprinted in.the next'couple months and suggested that any changes in the route take place at that"time. Staff would like the City Council to recommend to the Southwest Transit Board that the circular route (SW56) be extended from County Road 4 and Scenic Heights Road to serve the building at 8950 Eden Prairie Road that will house the Eden Prairie Senior Center. SFW:md `j i i rr� MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Community Services FROM: Stuart A. Fox, Park Residence Manager DATE: March 11, 1987 SUBJECT: Bids for Removal of Schultz House at 8000 :Mitchell Road The City advertised and received bids for the purchase and removal of the house before June 15, 19B7. A summary of the bids is as fol.lows: Badger Moving, Inc. $6,756.00 Stubbs Building Movers 9,161.00 Ernst Movers I0,'12160 John Andursko 12,500:Do All these bids included the necessary bid security. The staff recommends that the bid be awarded to John T. Andrusko for $12,560. SAF:md I Birchwood Labs DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1987, by Birchwood Labs, Inc., a ,Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for preliminary platting of 16.5 acres into four lots with variances for lot frontage, for office/warehouse purposes, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Resolution #87-28, 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 November 28, 1984, reviewed and approved by the City Council on November 6, 1984, 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 agrees to 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 Engineer, in accordance with Exhibit C, attached hereto. 4. Prior to issuance of any building permit upon the property, beyond the mini-storage facility depicted in Exhibit B, attached hereto, Developer agrees to submit to the City Planning commission for review and recommendation, to the City;Council for review, and, receive the City Council's approval of informationJor site plan review, including, but not limited,.to, architectural elevations, site plans, grading plans, landscaping plans, and other;plans as may be required for buildings to be constructed upon the property. The City's review process in this respect shall be consistent with that customarily afforded to all other developer':s: of I-2 zoned property requiring site plan review prior .to issuance of building. .; permits. 5. Developer shalt notify the City and the Watershed District 48':hodrs prior to any grading, tree removal, or tree cutting.on the property. EXHIBIT A Legal Description PA 1 UNIM Wall; 201 WIT WE . .da • HIA ^'.2Z _sa` ?8P _ �Y7g s9 �.10 =.Y'5r".`t�Yr `'�' ec>y._: lilt; UMMY!a HIM _611 1 Ns 3slr :9-= Trim Ynw _ _ 1 MAN !'�"_S!a TV! PUP" RUNS 10sh- 1100 MOP AMR!, ZIMPH WIM PAN0110 MAIN THUS WIN ITIM IM -<f zY`' :a _aa:� .. .._. lei=�"- �-__^•---- _.."'�`c`s�:. .sgg:Af=St�Yo•YrY� =eon a'-Q5�`�z^==�!^.e:s �ais�€.. ewax'' 9 _ _^SY.Y -_ -- - -__ _ems:__ d:7l:.. :2�•_Ya�8.9-'�ylY! So E ` �•� -_.. c 'gig :..• � � :9t'". tS=B�`': P`. 11��=•��p9 " -�F`A'_e o� Y�.'.:'�`ew -� eke: :..:._ r�-Ycs" :�es�`z�ss�=%iaz �?a�'SoS=` !` -CFI aA5 aSz4�fi��F - � .SSA _rd�• - B3. �$. e� o:Y_ _ � -^a_ _ � �Y r�'? CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-66 A RESOLUTION APPROVING FINAL PLAT OF BIRCHWOOD LABS WHEREAS, the plat of BIRCHWOOD LABS has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder;. and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE; A. Plat approval request.for BIRCHWOOD LABS is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March-10, 1987: B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on March 17, 1961. 'i Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk I 'fT rt CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: Jeffrey Johnson, Engineering Technician DATE: March 1D, 1987 SUBJECT: BIRCHWOOD LABS PROPOSAL: The developers, Birchwood Laboratories, Inc., have requested City Council approval of the Final Plat of Birchwood Labs, an I-2 Industrial Park located south of Highway #5, east of County Road 4 in the North 1/2 of Section 17. The plat contains 16.5 acres to be divided into four (4) lots. The Birchwood Mini-Storage is currently under construction on Lot 1, Lot 3 is occupied by Birchwood Labs, and Lots 2 and 4 are unoccupied and will be retained by the developers for future development. HISTORY: The Preliminary Plat was approved by the City Council February 3, 1987, per Resolution 87-28. Zoning to I-2 Industrial Park was approved in 1969. The developer's agreement referred to within this report is scheduled to be executed at the March 11, 1987 City Council meeting. VARIANCES: A variance has been granted by the Board of Appeals for lot frontage on a public street for Lot 4. All other variances must be processed through the Board of Appeals. UTILITIES AND STREETS: Existing municipal utilities are available to serve this plat. Individual engineering review of sites will be required prior to issuance of building permits or replatting. Plat shall be revised to include a drainage and utility easement covering existing sanitary sewer and watermain within Lot 4. 3` PARK DEDICATIDN: The requirements for park dedication are covered in the �. developer's agreement. BONDING: Bonding will conform to City Code and the developer's agreement. f Page 2 Final Plat Birchwood Labs March 10, 1987 i RECOMMENDATION: Recommend approval of the Final Plat of Birchwood Labs subject to the requirements of this report, the developer's agreement and the following: 1. Receipt of engineering fee of $1,650.00. 2. Receipt of street lighting fee of $1,382.00 3. Execution of the developer's agreement. 4. Revision of plat to show drainage and utilty easement to cover existing utilities over lot. JJ:ss cc: Birchwood Labs Hanson, Thorp, Pellinen, Olson, Inc. I 5�v CITY OF EDEN PRAIRIE l T0: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager r i FROM: Eugene A. Dietz, Director of Public Works : i DATE: March 11, 1987 SUBJECT: SIDEWALK, EDENVALE 21ST ADDITION Final approvals for the Edenvale 21st Addition are scheduled with the March 17, 19B7 agenda. Council will recall that a discussion concerning the sidewalk along Woodland Drive resulted in a decision to provide bonding for the installation adjacent to the Edenvale 21st Addition until such time ;as the feasibility of the project could be resolved (by July 1, 1987): At the Council work session on March 10, 1987, it was determined that sidewalk will not be installed along Woodland Drive with the exception of a potential installation from Briar Hill Apartments westerly to Edenvale Blvd. That particular section of sidewalk will be more thoroughly investigated and considered when a development proposal is submitted for the vacant property between Briar Hill and Edenvale Blvd. Therefore, the Developer's Agreement for Edenvale 21st Addition does not contain any provisions for sidewalk bonding and/or installation. EAD:ss I.. j. i Edenvale 21st Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-87 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 R1-9.5 District. Section 3. That the proposal is hereby a8opted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-9.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and 4 Definitions Applicable to the Entire City Code Including Penalty for Violation and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted . in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 3, 2987, entered into between the Equitable Life Assurance Society of the United States, a New York corporation, 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 17th day of February, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of March, 1987. ATTEST: John D. Frane, City Clerk Gary 0. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of i 1` EXHIBIT A Legal Description For Platting: Outlot R, EOENVALE 3RD ADDITION, Hennepin County, Minnesota. For Rezoning: That part of Outlot R. Edenvale 3rd Addition, Hennepin County, Eden Prairie, Minnesota, commencing at the western-most point of Outlot R; then northeasterly 492.42 feet along the property line to the point of beginning;then; - Easterly along the property line 458 feet to the northeastern-most corner of said Outlot R; then southerly along the property line 826.41 feet to the ` southeastern-most corner of Outlot R; then northwesterly along the-property line 358 feet; then northerly 328 feet to the point of beginning. J Edenvale 21st Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1987, by Equitable Life Assurance Society of the United States, a New York corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from the Rural District to the R1-9.5 District for 5.52 acres and Preliminary Plat of 7.36 acres into 18 single family lots and one outlot, situated in Hennepin-County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #7-87, 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 February 9, 1987, reviewed and approved by the City Council on February 17, 1987, and attached hereto as Exhibit 8, 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 release of the final plat by the City, Developer agrees to dedicate the outlot containing the pond, as depicted in Exhibit 8, attached hereto, to the City, free and clear of any and all liens, mortgages, or other encumbrances. 4. Prior to issuance of any grading permit upon the property, Developer agrees to stake the proposed grading limits with snow fencing. Developer further agrees that Developer shall sod and stake and protect with snow fencing all slopes which are measured to be 2� to 1, or steeper, immediately after grading of said slopes. 5. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. Prior to issuance of any permit for grading upon the property, — Developer agrees to implement erosion- control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developer must call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 6. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. If any trees twelve (12) inches in diameter, or greater, as measured / at a level 4.5 feet above ground level, as depicted on Exhibit B. attached hereto, are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for replacement shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree replacement plan is required, Developer agrees that, prior to issuance of any building permit, to submit a bond, or letter of credit, guaranteeing completion of all tree replacement work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of ail tree replacement work and shall be in such l: form and contain such other provisions and terms as may be required II by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall R implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. �^J 7. Prior to issuance of any building permit upon the property, Developer shall. 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 approvai'by,the City Engineer, Developer shalt construct, or cause to be constructed those improvements iisted above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 8. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning_and receive the Director's approval of an architecturai pianwhich keys specific unit types to lots on the property, such that no-two units shall;;be substantially similar when located side by side ',directly opposite from each other, or diagonally across.from,each other. Upon approvai by the'Director of Planning, Developer agrees ,to construct,or cause to be constructed, those units: in the locations shown according to the architectural plan, as approved by the I Director of Planning. i i J :4 Edenvale 21st .Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-59 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 7-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 7-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of March, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF.THE'CITY OFsEDEN PRAIRIE: A. That the text of the summary of Ordinance No. 7-87, 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. 8. That said text shall be published once in the Eden'Prair_ie 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. 7-87 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 March 17, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Edenvale 21st Addition` CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO._7-87 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: Sumnary: This Ordinance allows reioning-of land located south and east of Edenvale Boulevard, west of Woodland Drive 'from the Rural District to.the R1-9.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, given the full, legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Is/John D. Frane /s/Gary erk —D. Peterson City Cl Mayor PUBLISHED in the Eden Prairie News on the _ day of 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) �C% CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-62 A RESOLUTION APPROVING FINAL PLAT OF REUTER ADDITION WHEREAS, the plat of REUTER ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and: ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF:EDEN PRAIRIE: A. Plat approval request for REUTER ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 9, 1987.`` B. That the City Clerk is hereby directed to supply.a certified copy of this Resolution to the owners and subdivisionof the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of,the City Council upon compliance with the foregoing provisions ADOPTED by the City Council on March 17, 1987. Gary D. Peterson, Mayor ATTEST SEAL J i John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician 9�� DATE: March 9, 1987 SUBJECT: REUTER ADDITION PROPOSAL: Reuter, Inc. has requested City Council approval of the Final Plat of Reuter Addition, a 10.63 acre site located south of West 62nd Street and east of Indian Chief Road. The owner has constructed a waste processing facility on the site and has requested plat approval to allow the combination of unplat:ted parcels and enable dedication of easements and right-of-way. HISTORY: The preliminary plat was approved by the City Council on October 7, 1986 per Resolution 86-256. Zoning to I-2 Park District was finally read and approved by the Council on October 21, 1986. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities will be installed through the addition in conformance with City standards. PARK DEDICATION: Park dedication shall conform to City Code requirements. BONDING: Bonding shall comform to City Code requirements. A maintenance bond must be provided covering the municipal utilities previously installed. RECOMMENDATIONS: Recommend approval of the final plat of Reuter Addition subject to the requirements of this report, the Planning Staff report dated September 5, 19B6 and the following: 1. Receipt of engineering fee in the amount of $1,060.00. 2. Receipt of street lighting fee in the amount of $1.690.00. 3. Satisfaction of bonding requirements. DLO:ss cc: Reuter, Inc. Ron Krueger & Associates i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-63 A RESOLUTION APPROVING FINAL PLAT DF FLAGSHIP ADDITION WHEREAS, the plat of FLAGSHIP ADDITION has been submitted in a. manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings havebeen`,duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of;the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF'EDEN PRAIRIE: A. Plat approval request for FLAGSHIP ADDITION is approved upon compliance with the recommendation of the City'Engineer's report on this plat dated March 9, 1987: B. Variance is herein granted from City Code 1.2.20 Subd. 2.A. waiving the six month maximum time:elapse between the approval date of the preliminary plat and filing of the final playas described in said engineer's report C. That the City Clerk is hereby directed to supply a"certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on March 17, 19B7. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk J3) CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT 1 TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works j FROM: David L. Olson, Senior Engineering Technician � 6' DATE: March 9, I987 SUBJECT: FLAGSHIP ADDITION PROPOSAL: Flagship Associates have requested City Council approval of the Final North 112 of Section 14. The site contains 27.4 acres with the Plat of Flagship Addition located west of Prairie Center Drive in the plat to consist of 2 lots and 2 Outlots. The Flagship Athletic Club building is located on Lot 1, Block 1 which contains 10.82 acres. A parking lot expansion is located on Lot 2, Block 1 which contains 3.74 acres. Outlots A and B consist of floodplain and marsh areas and contain 7.80 and 5.95 acres respectively. Ownership of these Outlots will be retained by the developer. HISTORY: The Preliminary Plat was approved by the City Council on May 20, 1986 per Resolution 86-103. Zoning to Commercial-Regional-Service was approved by the City Council on December 18, 1984 per Ordinance 126-84-PUD-12-84 (Lot 1, Block 1) and on June 17, 1986 per Ordinance 25-86 (Lot 2, Block 1). The Developer's Agreement referred to within this report was executed on December 18, 1984. A Supplemental Developer's Agreement was executed on June 13, 1986. VARIANCES: A variance from the requirements Of City Code 12.20, Subd 2.A, waiving the six month maximum time elapse between the Preliminary Plat approval date and filing of the Final Plat will be necessary. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and streets necessary to serve this site have been installed. An easement covering the existing municipal storm sewer must be provided through this plat. Revision of the plat to show the required easement must be accomplished prior to final release. Page 2 Flagship Addition March 9, 1987' Drainage and utility easements in conformance with City Code requirements, must be provided along the interior property lines of Lots 1 and 2 prior to release of the plat. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding must conform to City Code requirements. RECOMMENDATION: Recommend approval of the Final .Plat of Flagship Addition subject to the requirements of this report, the Developer's; Agreement and the following: 1. Receipt of street lighting fee in the amount of $1,567.00. 2. Receipt of engineering fee in the amount of $1,456.00. 3. Revision of plat to show easement for existing municipal storm sewer. 4. Revision of plat to 'include easements along property lines. OLO:ss cc: William 0. Naegele Ron Krueger i i i l i. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-64 A RESOLUTION APPROVING FINAL PLAT OF RED ROCK HEIGHTS 5TH ADDITION WHEREAS, the plat of RED ROCK HEIGHTS 5TH ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly' had thereunder, and WHEREAS, said plat is in all respects consistent .wi.th the City plan and the regulations and requirements of the laws of the State of Minnesota - and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DF EDEN ` PRAIRIE: A. Plat approval request for RED ROCK WIGHTS_5TH ADDITION is approved upon compliance with the recommendation. of the City Engineer's report on this plat dated March.10, 1987. B. Variance is herein granted from City Code, 12.20 Subd. 2.A. waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final- plat as l described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on March 17, 1987. Gary D. Peterson, Mayor ATTEST SEAL I . John 0. Frane, Clerk rq CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: Jeffrey Johnson, Engineering Technician DATE: March 10, 1987 SUBJECT: RED ROCK HEIGHTS 5TH ADDITION PROPOSAL: The developers, William Gilk and Jerry Halmrast, have requested City Council approval of the Final Plat of Red Rock Heights 5th Addition, a single family residential subdivision located south of Scenic Heights Road, north of Red Rock lake in the South half of Section 16. The plat contains 13.13 acres to be divided into 10 lots, 1 outlot, and right-of-way dedication for street purposes. Outlot A contains 8.49 acres and is a wetland area to be conveyed to the City. This is the 4th and final phase of the Red Rock Heights Development. \ HISTORY: The Preliminary Plat was approved by the City Council March 19, 1985, per Resolution 85-69. Zoning to R1-13.5 was finally read and approved by the City Council May 7, 1985, per Ordinance 7-85. The Developer's Agreement referred to within this report was executed May 7, 1985. VARIANCES: A variance from the minimum lot size (City Code Section 11.50) was approved by the City Council May 7, 1985. A variance from the requirements of City Code 12.20, Subd 2.A, waiving the six-month maximum time elapse between the approval date of the Preliminary Plat and filing of the Final Plat will be necessary. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and streets will be installed throughout the development in conformance with City standards. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. Page 2 Red Rock Heights 5th Addition March 10, 1987 BONDING: Bonding shall conform to City Code and Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the Final Plat of Red Rock Heights 5th Addition subject of the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee of $239.00. 2. Receipt of street lighting fee of $359.00. 3. Receipt of engineering fee of $400.00. 4.. Receipt of Warranty Deed for outlot A. JJ:ss cc: Mr. Jerry Halmrast Mr. William Gilk Mr. Ron Krueger - i ,II , I 53(� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-67 A RESOLUTION APPROVING FINAL PLAT OF EDENVALE INDUSTRIAL PARK 9TH ADDITION WHEREAS, the plat of EDENVALE INDUSTRIAL PARK 9TH ADDITION has been submitted in a manner required for platting land under the Eden 'Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings,have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for EDENVALE "INDUSTRIAL PARK 9TH ADDITION is approved.upon Compliance with the recommendation of the City Engineer's report on this plat dated March: 10, 1987. B. Variance is herein granted from City Code 12.20 Subd. 2.A. ( waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on March 17, 1987. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, er CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT - TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: March 10, 1987 SUBJECT: EDENVALE INDUSTRIAL PARK 9TH ADDITION PROPOSAL: Edenvale Industrial Company has requested City Council approval of the Final Plat of Edenvale Industrial Park 9th Addition. The proposal is a replat of Outlot G. Edenvale Industrial Park and is located west and south of Martin Drive and north of West 78th Street. The site contains 12.5 acres to be divided into four lots. Landscape Products Center has constructed an office/warehouse building on Lot 1 (1.00 acres) and, through a lease arrangement with the property owners, is using approximately 2 acres of Lot 2 (4.80 acres total) for landscape material storage. The State of Minnesota is to acquire Lot 3 (2.45 acres) for use as a future ponding area. A mini storage facility is to be constructed upon Lot 4 (4.33 acres). HISTORY: The Preliminary Plat was approved by the City Council on April 1, 1986 per Resolution 86-59. Zoning of the property to I-2 park was completed in 1970. The Developer's Agreement referred to within this report was executed on May 20, 1986. VARIANCES: The Board of Appeals authorized lot size and depth variances for Lot 1 on March 13, 1986 per Request 86.08. A variance from the requirements of City Code 12,20, Subd 2.A waiving the six-month maximum time elapse between the approval date of the Preliminary Plat and filing of the Final Plat will be necessary. All other variance requests must be processed through the Board of Appeals. Page 2 Edenvale Industrial Park 9th Addition March 10, 1987 UTILITIES AND STREETS: All municipal utilities and streets necessary to serve, the site have been installed. Vacation request 87-1 was approved by the City Council on March 3, 1987 per Resolution 87-49. This vacation.covered a 40 foot drainage easement which wilt be,replaced by a;6D foot wide easement shown on the plat. This enables the developer to relocate.ao existing drainage ditch. section, PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding must conform to City Code and Developer's Agreement requirements. RECOMMENDATION:Red ommend approval ofthe Final Plat of Edenvale industrial Park 9th Addition subject to the requirements of this" report, the Developer's,Agreement and the following: 1. Receipt of street lighting fee in the amount of $1,638.00 2. Receipt of engineering fee in the amountof $1,250.00. ( DLO-.Ss i cc: Edenvale Industrial Company Paul Thorp l _ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-69 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC NEARING WHEREAS, a report has been given by the City Engineer to the City Council recommending the following improvements to wit: I.C. 52-105, Bennett Place, South of Creekridge Drive and Blossom Road - Street and Utility Improvements NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, it an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on,April 21, 1967 at 7:30 P.M. at the Eden Prairie City Hall, 7600 Executive Drive, The City Clerk shall give published and mailed notice of such hearing on the improvements as required bylaw. ADOPTED by the Eden Prairie City Council on March 17, 1987, Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk i L \ i i t 1, i l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-70 RESOLUTION AUTHORIZING PERMIT APPLICATION FDR TREE FARM ADDITION WHEREAS, the proposed sanitary sewer to be constructed`in Tree Farm Addition requires a connection to the Metropolitan Waste Control Commission '(MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The City Engineer. is hereby authorized and directed to submit-an application for "Permit for Connection to,or Use of Commission Facilities" to the Metropolitan Waste Control, Commission. ADOPTED by the Eden Prairie City Council on March 17, '1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-71 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements:I.C. 52-117, TRUNK AND WATERMAIN EXTENSION TO SERVE THE THE INTERNATIONAL SCHOOL AND ADJACENT PROPERTIES. and assess the benefitted property for all or a portion.of the cost of the improvements, pursuant to M.S.A. 429.011 to 429..111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:' That the proposed improvements be referred to the City Engineer.for study with the assistance of Hansen Thorp;_Pellinen 6 Olson, Inc., and that a feasibility report shall be prepared and presented to the,City Council with all convenient speed advising the,Council in-a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on March 17, 1987.. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk i 5u f CITY OF EDEN PRAIRIE, MINNESOTA l 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) Sanitary Sewer Baker Road between Beach Road X Watermain and Rowland Road Storm Sewer &-Av ea//r_-Ponainp 77k Ufa e4 l ij Street Paving QS A' /Jyfp�,yt� J, Other J Street Address or Other Legal Description of Names of Petitioners Pra.,erty to be Served (Must Be Property owners) That part of Lot 4, and of the Northwest 1/4 of the North 1/4 of.Section 2 not embraced The International School of Minnesota Registered Land Survey Nos. 483 and 1000, _vwnshi,p 116. Rang exc t that aFLrt� of by: mC4� .5 U 'i �—q L said Lot 4 lying Westerly of Bryants Long lake Tracy Whitehead and lying Southerly of h South line of said Director of Operations Registered land Survey No. 1000 and the East- erly extension therc�F and x �p rt hit o rt Kraus-Anderson Inc. taken for County Highway No. 62. and The North 20 acres of the aQutheast 1/4 nf theby Northeast 1/4, except that part thereof lying west of the Easterly Light of way in of U.S. Highway No. 494 as set forth in Notice of Lis Pendens Doc. No. 608744 and exce hat art Metram o erties Inc. thereof embraced in Registered land Survey No.1000, Section 3, Township 116 Range 22 �s and b , Tract A, Registered Land Survey No. 483, Files of Registrar of Titles, County of Hennepin. Subject to easements, reservations, and re- strictions of record, if any. This property contains 55.57 Acres, more or less being 2,920,911 square feet mom or less. } 1 (For city Use) Date Received 10,4 CP4 /Z,1,01 Project No. S2-//I council Consideration M4a04 1-1 E M O R A N D U 11 TO: Mayor and City Council FROM: Natalie Swaggert, Director of Human Resources SUBJECT: Comparable Worth - Pay Equity Analysis DATE: March 6, 1987 The initial job evaluation portion of the Comparable Worth Project is near completion. A job hierarchy has been established for the City of Eden Prairie and the appeal process is in the final stages. To _date all work has been done in conjunction with MAMA and the other cities participating - in theJoint Compensation Study. The second step of the Comparable Worth Project is to link the, job evaluation hierarchy to current pay levels and determine the present fairness of pay practices within the City of Eden Prairie.. The -final. step , in the process is to make the necessary pay adjustments. and .establish an on-going compensation system that will`ensure pay equity in our salary practices. The last two steps in this process are critical. They will determine.the ultimate cost to the City in terms of pay adjustments as well as the level / of acceptance the study results will have with our employees. 1 To ensure that our final product is in compliance with the 19B4 Pay Equity Act and that the basis for our pay adjustments is defensible, I feel it.is necessary to use the services and computer-modeling capabilities of a consulting firm. My review of the resources available has resulted in the selection of Arthur Young and Company. Specifically, I believe, Miriam Kragness from their staff (who was formerly affiliated with CDC's Business Advisors).wiil provide the continuity we need to adapt the job evaluation hierarchy to an administratively maintainable compensation plan. J The cost for Arthur Young's services is projected at $7,300.00. A proposal is attached for your review. At this time I would like the Council's authorization to retain the services of Arthur Young & Company. - NJS:km Attachment l AM A MEMBER OF ARTHUR YOUNG INTERNATIONAL - Arthur Young Minn Pi olis. Center M lnneapohs.Minnesota 55402 Telephone:(612)343-1000 December 3, 198G Ms. Natalie J. Swaggert Director of Human Resources City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Natalie: I enjoyed our lively conversation in your office on some of the issues surrounding pay equity; and I'm pleased to offer a pro- posal for helping you define and implement a compliance strategy. You have essentially completed your comparable worth hierarchy and will independently evaluate those jobs that are new or signi- ficantly changed since the comparable worth study was initiated. Our contribution would be to help develop wage and salary guide- Iines that will simultaneously move the City toward compliance with the 1984 Pay Equity Act and introduce more systematic and defensible criteria for determining pay. In the long run, we believe there are significant gains to be made in the compensa- tion area as a result of the pay equity mandate, in terms of greater employee acceptance and understanding and administrative ease. Any pay plan we develop now will have this as one of its objectives. Several other objectives are also important: (1) Achieve a product that can be explained with relative ease; (2) Ensure that the rationale, methods, and procedures applied are understood and maintainable after the consul- tant leaves; (3) Enable the City to call on Arthur Young & Company for expert testimony in the unlikely event you are challenged on pay equity implementation. To accomplish these objectives, it is important to work together. You can help us understand local issues and priorities; you know how decisions are made; you will help select and present recommendations when policies must be adopted. And to meet your goals for this project, we roust clearly understand them. Arthur Young Ids. Natalie J. Swaggert December 3, 1986 Page 2 We bring to the project in depth familiarity with pay equity issues and strategies for coping with them. " Where two or more options are appropriate, we will discuss them with you to choose a strategy that is best for Eden Prairie. We are proposing to focus our contribution specifically on the following areas: I. Measuring the extent to which current pay practices are equitable across City jobs (i.e. , internal equity comparisons); 2. Interpreting market salary data and identifying a "pre- vailing rate of pay" for similar jobs in the labor market (i.e., external equity comparisons); 3. Generating options and analyses that will guide decisions about how to combine "internal" and "external" data, to arrive at one set of equitable wage guidelines; 4. Preparing a wage and salary structure that implements decisions made at Step 3. Early in 1987 are will also hav3 software available (ISAI PC com- patible) at nominal cost that will automate the calculations needed to update a salary plan from year to year. The following consultant activities and associat3d hours are covered by this proposal. Consultant Activity Estimated Hours I. Meet with Director of Human Resources and City 2 Manager to discuss specific objectives and con- straints, particularly as they relate to current pay practices, labor negotiation, and interpreta- tion of Job Level (I-VIII). Obtain the most cur- rent complete set of pay data--i.e. , 198u61 wages, if all decisions on 1937 pay have not bean final- ized. 2. Conduct internal pay equity analysis. Produce graphic and tabular reports shOWin g relative level 12 of pay for ,job of comparable work value and for male- and female-dominated classes, including single incumbents. Present options for defining i equitable pay and calculate cost impact for each option. y r��� Arthur Young Ms. Natalie J. Swaggert December 3, 1986 Page 3 3. With City: Select from data presented at Step 3 3 the option that should be used to define, internal equity. This will produce an internal wage guide- line, to be merged at Step 5 with market pay guide- lines. 4. Examine available labor market data to determine I (a) prevailing rate of pay for jobs similar to City jobs, (b) evidence for gender based inequities in the marketplace, and (c) any evidence of labor scarcity. 5. Compare internal and external data. Discuss 13 options for combining the data and select one that best fits the City's position on defensibil- ity, ease of :maintenance, ability to pay, and risk of litigation. 6. Prepare an integrated wage and salary plan that 16 implements decisions made at Step 5 and serves as a standard for negotiating or establishing wages. 7. Discuss the plan with the Director of Human 6 Resources to finalize and ensure it :meets objec- tives. Discuss use for negotiation, phasing in compliance, and dealing with pay anomolies. Address its use in a Merit Pay Plan, if necessary. TOTAL HOURS 67 i There are about 15 hours of the projected work plan allocated to meetings with the Director of Human Resources, and others as needed. This time is considered essential for dealing carefully with the issues and options involved. It allows for us to look ' at the consequences of adopting one kind of pay plan or another. For example, if only eight pay grades are used, the standard salary rang,, will be very wider and the City may have difficulty recruiting at the lowest 1+,vel or affording the rates at the upper levels. Alt,;rnatively, soma combining of jobs into grades is necessary, since the actual difference in value between Vvo jobs cannot be measured so accurately that a two or three points spread is meaningful. We think the ply analysis proposed here will shed conside rabla light on this matter and provi_1e valuable tools for decision making. Arthur Young Us. Natalie J. Swaggert December 3, 1986 Page 4 Based on the number of consultant hours anticipated and the bill- ing rates of consultants we expect to assign', fees for this proj- ect are calculated to be about $3,650. Expenses are additional and are estimated at ten percent of fees or about $550. Expenses include out-of-poci;at costs for such items as mileage, computer time, and report preparation. In total, the project outlined above will not exceed $7,300, and you will be billed only for work actually performed. Should this plan and cost proposal meet with approval, this letter serves as a contract for services. Both copies should be signed and you should keep one for your records. We will begin- this project early in the new year or as soon as you indicate you are ready. We're looking forward to working with the City of Eden Prairie, and I hope to hear from you soon. Very truly yours, ( ARTHUR YOUNG & COMPANY Miriam P.ragness Approved for AR HUR YOUNG & COMPANY: Name: Title: Date: r LLIX Approved for the CITY OF EDEN PRAIRIE: Name: Title. Date: S J, .1 Korsunsky Krank Erickson Architects,Inc. 300 First Avenue North Suite 500 Minneapolis,NIN 55401 012/339-4200 March 5, 1987 , Honorable. Gary Peterson and Members of the City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mayor Peterson and Members of the City Council: SUBJECT: Suburban National Bank/Preserve Medical Building Comm. No. 86-01-3019-01 In order to have the proper preparation time, we hereby request a one-month continuance on this project. Sincerely, KORSUNSKV KRANK ERICKSON ARCHITECTS, INC. fonald C. Erickson, A.I.A. pp cc: Dick Gibson Rick Gibson j �f n ORDINANCE N0. 12-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE, CHAPTER 11, SECTION 11.35 ENTITLED "PUBLIC DISTRICT", SUBDIVISION 2 TO INCLUDE CEMETERIES, PRIVATE SCHOOLS AND RELATED BOARDING FACILITIES AS A PERMITTED USE. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Eden Prairie City Code, Chapter 11, Section 11.35, Subdivisio'2, shall be and is amended to read as follows. [DELETE Subd. 2. Permitted Uses. A. Public facilites and services. Council. B. Drainage ways and flood plains approved by the C. Churches] NEW Subd. 2. Permitted Uses . A. Public facilities and services . Council. B. Drainage ways and flood plains approved by the C. Churches , D. Cemeteries . E. Private schools and related boarding facilities. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions App�a to the Entire-City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective form and after passage and pu lication. Fi_rs�t Read�in, at a regular meeting of the City Council of the City of Eden rairi P 'e on the day of , 1987, and finally read and adopted and ordere�p 6lished at a regular meeting of the City Council of said City on the day of 1987. ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of 1987 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-60 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie ha.s prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review- and comment; and, WHEREAS, the proposal of International School of Minnesota for development of International School of Minnesota for Secondary/Vocational,/Elementary School use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that I the -City Council of Eden 1 Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 55 6 acres``located north of Bryant Lake, west of Rowland Road,. east of Beach Road and I.494 be.modified from Medium Density Residential and Public Open Space', to , Secondary/Vocational/Elementar.y School. ADOPTED by the City Council of Eden Prairie this 17th day of March, 1987. Gary D. Peterson, Mayor ATTEST: Jon D. Frane, City Clerk r n _� CITY OF EDEN_PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #97-6I i RESOLUTION APPROVING THE PRELIMINARY PLAT OF - INTERNATIONAL SCHOOL OF-MINNESOTA BE IT RESOLVED, by the Eden Prairie City Council as follows: - That the preliminary plat of International School of Minnesota, dated February 17 - 1987, consisting of 55.6- acres into one lot for construction of aiprivate school,.5 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 17th:=day of March, 1987. Gary D. Peterson, Mayor 1 .ATTEST: John D. Frane, City Clerk `I rjl a t 77ze International School of Minnesota r 444 West County Road D, New Brighton,MN 55112 612-631-19..38 March 11, 1987 ;tip x Michael D. Franzen, Senior Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN SS344 Dear Mike: There has been much discussion about the traffic that will be generated both on the site and exiting from the site and how either will affect the width of the internal road or the access intersection at the Crosstown. In order to clarify some of this discussion, I am submitting to you the following information. Please consider this information in considering our requests: 1) to maintain the 26-foot width of the internal road from the Crosstown intersection to the point where it reaches the pool at which point the road will be widened to 32 feet; and 2) to maintain the intersection as designed by the County or build the T-intersection with a 160-foot length at city expense (we will ( dedicate the needed land.) I relied extensively on the experience of The Blake Schools for my traffic projections. I chose Blake because a) it serves the same regional market that we will be serving and b) it has the same non-resident student population that we plan to have at our maximum capacity. Blake has a student population of 1150. It has 21S part-time and full-time staff, including maintenance, food handlers, professional staff and administration. Our staff will be smaller because we do not have to serve three campuses which causes duplication. INTERNAL ROADWAY The main roadway at the Hopkins campus is 24 feet edge to edge. BUS TRANSPORTATION Blake owns 7 mini-buses (8 feet wide by 17. 5 feet long; 12S" wheel-base) which have a student capacity of 23. In addition, they contract out with other bus companies for 13 routes (4 buses from Minnesota Transit and 9 buses from Medicine Lake. . .fully half of these buses are also the mini-bus type described above.) In other words, Blake runs 20 bus routes each school day carrying 522 students. However, Gordon Swiggum, Blake's Business Manager, believes that we will cut our bus runs by half because we are on one campus while bterEd USA The Chowilat 4stetn �.7✓ti Michael D. Franzen/March 11, 1987/p.3 SUMMARY: Based on Blake's experience with 1150 students and 215 staff, it is most probable that The International School of Minnesota's school traffic when The School has grown to its maximum size will generate an outside maximum of: Trips Per Day Bus trips School buses 13 X 2 26 Contract buses 13 X 4 52 Staff/Student cars 300 X 2 600 Parent cars 150 X 4 600 TOTAL TRIPS IN AND OUT 1278 We expect The International School of Minnesota traffic pattern to be very similar due to the similarity of the schools. Our ultimate student population is projected for 1400, but 250 students will board at school and not have transportation needs or student-owned cars. Therefore, the 1150 students that Blake has will be the same as the 1150 students needing transportation at our school. We currently have 80 students; we project 150-200 students next year. It is reasonable to expect that it will take 15 years to achieve 1150 students. PEAK TRAFFIC PERIODS: Our experience last year and this year shows that our students and staff travel at the following times: TO SCHOOL: 7-8 a.m. 31 per cent 8-9 a.m. 59 per cent after 9 a.m. 10 per cent FROM SCHOOL: 3-4 p.m. 40 per cent 4-5 p.m. 35 per cent after 5 p.m. 25 per cent Clearly our use of this site will generate much less traffic than would the already approved project. And clearly the hours of use of the intersection would be more favorable for traffic than the approved plan. I hope this information will help you to favorably ttt+ consider our proposal. Please feel free to call me if you have any questions. { Sincerely, Tracy S. Whitehead Director of Operations and Community Affairs d.�rl; STAFF REPORT TO: Planning Commission FROM: Michael 0. Franzen, Senior Planner TWUGH: Chris Enger, Director of Planning DATE: March 6, 1987 PROJECT: International School LOCATION: Southeast of the intersection of Crosstown Extension and I-494 APPLICANT: International School FEE OWNER: Metram Properties REQUEST: I. Comprehensive Guide Plan Change from Medium Density Residential and Open Space to Secondary/Vocational/Elementary School on 55 acres. 2. Zoning District Change from Rural to Public on 55.6 acres. 3. Preliminary Plat of 55.6 acres into one lot with road right- of-way. 4. Code amendment change to permit private schools and boarding within the Public district. 8ackground Ii This is a continued item from the OM PROPOSED SI February 20, 1987, Planning Commission meeting. The Planning p� I Commission had recommended that the development plans be returned to the proponent for revisions as iden- tified in the Staff Report which included: i s o \ 1. Revise the internal private roadway to a 32-foot road surface standard with curb and gutter. 2. Revise the parking lot layout to provide a 75-foot setback to parking from the road along the lakes edge, and create a large berm and 29-83 \ fit•-- ��,�; AREA- LOCATION MAP; International School 2 March 6, 1987 mass plantings with lowland materials. Large overstory trees should be added to all planting islands in the parking lot. Relocate stalls to other areas of the site. 3. Revise the grading plan to show 3/1 slopes on the south side of the private access road between the road and the tennis courts. 4. Provide an overall storm water run-off plan. 5. Revise the architectural elevations to be more residential in character. 6. Dedicate additional right-of-way necessary for the construction of the entrance off the crosstown. 7. Work with Hennepin County Park District to provide an emergency vehicle access to Rowland Road. Revised Internal Private Road The revised site plan depicts a 32-foot road surface over approximately one-half of the private roadway adjacent to Phase I buildings and the parking lot. The first 800 feet of the roadway off the Crosstown is proposed at 26 feet. Revised Parking Lot Layout The parking lot design has been changed to provide a 75-foot setback between the private roadway along Bryant Lake to the nearest parking stall. The grading plan still needs to be revised to show berming within the setback and the landscape plan must be submitted with revisions to include mass plantings of lowland vegetation for screening from the lake. A revised landscape plan showing large overstory shade trees within the planting islands of the parking lot must be submitted also. Revise the Grading Plan to Show 3/1 Slopes The grading plan has been revised in the area between the private drive and the tennis courts to 3/1 slopes as previously recommended. Submit an Overall Storm Water Run-off Plan An overall storm water run-off plan has been submitted which shows how storm water run-off will flow overland from the Crosstown towards Bryant Lake. Storm water run- off along the private drive and within the parking areas are proposed to sheet drain across the hard surfaced areas into retention basins before being discharged into either Nine Mile Creek or Bryant Lake. The City Engineer has reviewed this plan and has concerns about erosion along the edge of the hard surfaced areas. It will be required that the proponent submit storm water run-off calculations for review by the City Engineer. If it is determined that the storm water run-off is high and the potential for erosion is high, then a catch basin system with underground storm sewer pipe will be required. The Watershed District will be reviewing the plan for storm water run-off and will determine the needs for retention and/or sedimentation t basins based upon the storm water run-off calculations. In order to accommodate the overall storm water run-off plan, grading is proposed on the one-acre lot currently owned by the Hennepin County Park Reserve District immediately to the south of the two baseball fields. This will require permission from the Hennepin County Park Reserve District. I International School 3 March 6, 1987 Revised Architectural Elevations to be more Residential in Character The proponents feel that the previously submitted plans for the building architecture reflect a residential character and no further revisions have been made. Dedication of Additional Right-of-way Necessaryfor Construction of the Entrance off the Crosstown The Hennepin County Department of Transportation has indicated to Staff that funding will not be available for the construction of the entrance as depicted on the previous plan, and will be constructing a road entrance as depicted on the revised plans. The proponents and the City Staff disagree as to what intersection design is necessary to accommodate the traffic from the International School and Beach Road. The Staff has recommended that the proponents work with a traffic consultant to provide a traffic study which analyzes the projected traffic and the impacts on Beach Road/Crosstown intersection. Work with Hennepin County Park District to Provide an Emergency Vehicle Access to Rowland Road An agreement with the Hennepin County Park Reserve District has not been reached at this time. Park Dedication The Parks' Commission has reviewed the proposal and recommends that the proponents be required to pay a Cash Park Fee based on $2,300 per acre of land proposed for rezoning and to provide the City with a conservancy easement for all land area south of the east/west roadway serving the property. Fire Marshal Review The Fire Marshal has reviewed the development plans and recommends that with Phase II a loop road be provided for emergency vehicle access where shown on Attachment A. Staff has reviewed the existing and proposed grading and feel that the drive can be accommodated with a slope of approximately 7e. Future Development The revised development plans show a different layout for the future development of the property. Since the proponents are not in a position at this time to be specific about the development at Phase II, and are requesting zoning over the entire site, if the City is to consider zoning the entire site at this time, it should be conditioned upon each subsequent detailed phase being reviewed by the Planning Commission and City Council. Staff is concerned about the uncertainty of the development with subsequent phases especially in the northeast corner of the site, because of the oak wooded knoll. In order to assure that this natural feature be retained in its natural state, the proponent should file a conservancy easement over this area and other areas as depicted on Attachment B such that the oak wooded slopes would be preserved in their natural character indefinitely. i International School 4 March 6, 1987 Lighting and Fencing At this time, the proponents have no plans for the lighting of the athletic field or for fencing around the site, Conclusions If the Planning Commission feels that the use of the site is appropriate for Secondary Education/Vocational/Elementary Schools and the development plans have been revised enough to justify the Change in the Comprehensive 'Guide .Plan then one option for the Commission to consider would be to approve the plans as submitted based upon recommendations in the February 20, 1987, and March 6, 1987, Staff Reports. If, on the other hand, the Planning Commission feels that the use of the site is inappropriate for Secondary Education/Vocational/Elementary i:Schools and/or the revisions in the plan are not enough to justify a,change in the Comprehensive Guide Plan, then another option would be to.recommend denial of the,proiect,as submitted. i j ,i \ yI •I I � � I • \ � � ~ �rr�i1- � I � I � I 8) i to loss • �) 1V Am I. ;I � y c c .� Cc °� / E u 10 ���j � 1 • �_ cc o � � J ° Y / LL ♦4s � (' �- 1 STAFF REPORT l TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: February 20, 1987 PROJECT: International School LOCATION: Southeast of the intersection of Crosstown extension and I-494 APPLICANT: International School FEE OWNERS: Metram Properties REQUEST: 1. Comprehensive Guide Plan Change from Medium Density Residential and Open Space to Secondary/Vocational School on 55 acres. 2. Zoning District Change from Rural to Public on 55.6 acres. 3• Preliminary Plat of 55.6 acres into one lot with road right- of-way. 4• Code Amendment Change to permit private schools and boarding within the Public District. Background The 1968 Comprehensive Guide Plan "' depicted this parcel as a Low �M PROPOSED SIT Density Residential land use. pU Subsequently, in 1981, the City I Council amended the 1968 Guide Plan based on a request by Metram Properties for 221 multiple and single family units. The Guide Plan $' a was changed to Medium Density Residential and Public Open Space. The changing of the Comprehensive Y Guide Plan was based upon the dedication of approximately 39 acres \ rm .. of Open Space. The project received first reading on the rezoning to Medium Density Residential and the t Guide Plan Change was approved; however, the proponent did not proceed to 2nd Reading. T R 11 13 AREA LOCATION MAP, i International School 2 February 20, 1987 Comprehensive Guide Plan Change Request Before the Guide Plan Change request can be evaluated, it is important to understand the reasons behind the current Comprehensive Guide Plan designations. The decision to change the Comprehensive Guide Plan previously from Low Density Residential was based upon a density transfer and the dedication of a considerable amount of Open Space. Since the Open Space has not been dedicated, and the Metram plan not built, the same conditions exist as when the property was designated Low Density Residential. This project is not consistent with the Comprehensive Guide Plan and requires a change to Secondary/Vocational and Elementary School designation under the Public land use catagory of the Comprehensive Guide Plan. However, private schools are not permitted uses within the Public zoning district of City Code. The Secondary/Vocational and Elementary School designation on the Guide Plan seems the most appropriate designation. The private school could be considered as a use within an office or a commercial district; however, those land use designations would not be appropriate in this location. The private school is a regional scale use and could be located within the Major Center Area. However, the private school is a specialized use which requires certain site characteristics. The proponents were attracted to this site because of the trees, hills, and the lake exposure. Zoning The International School is requesting a rezoning from a Rural to a Public zone, but does not meet the specific definition of a permitted use in a Public District by City Code; therefore, the City will have to amend the existing Public zoning district to allow for private schools and boarding. The private school is operated for profit and could be included within a public zone; however, is is clearly different from the existing permitted use which include non-profit churches, and a public utilities and public services such as a post office or a library. Technically, the City Council cannot act on the rezoning of the property to Public since this use is not permitted in the Public District. Therefore, if the City is to approve this project, the City Council must also amend the Code to list private schools with boarding as a permitted use in the Public District. Site Plan Building construction is proposed in two phases. Phase I includes the access road, 184 parking spaces, and 36,500 square feet of building, which includes classrooms and a gymnasium. Phase I development is at a 0.015 Floor Area Ratio (FAR). Ultimate building development, including 120,ODO square feet and up to 400 parking spaces, would be at.a 0.05 FAR. The recreational area which includes game fields and tennis courts are not included in Phase I. -- Since the proponents are requesting zoning over the enter site, but do not have specific development plans for subsequent phases, if the City is to consider zoning the entire site at this time it should be conditioned upon each subsequent detailed phase being reviewed by the Planning Commission and City Council. The private driveway proposed for this site is only 25 feet in width. This is not International School 3 February 20, 1987 wide enough to accommodate the buses and the anticipated 1,500 trips per day at full development. The drive lane is also narrow for emergency vehicle access and should any portion of the roadway be blocked for any reasons, would make manuevering very difficult. The private roadway shall be 32 feet wide and be constructed to City standards with curb and gutter. Parking Parking is too close to the lake visually and native vegetation within the flood plain, and proposed plantings do not screen the parking area. The parking lot will also be visible from higher elevations including Rowland Road and single family homes along Beach Road. The site plan should be revised to provide a 75-foot setback between the parking and the existing driveway to the east of the parking lot. Some parking would have to be located elsewhere on-site. Access Only one access is proposed to this site off the Crosstown. A second access to this site is needed for emergency vehicle purposes. Alternatives for a second access would be to utilize the existing road right-of-way along Bryant Lane from Beach Road to the property or to utilize the existing driveway access out to Rowland Road. Since the main access into the property is off the Crosstown, any type of accident which blocks Beach Road would render the access off Bryant Lane useless since Beach Road is a long dead-end cul-de-sac. It makes more sense to have an access out to Rowland Road which is a public road. The proponent should work with the Hennepin County Park Reserve District to provide an access to Rowland Road. The County and the City Staff have looked at alternative intersection designs for Beach Road and the Crosstown. The County has indicated that they would be willing to build the road improvement as depicted on the plans by the proponent provided the proponents are able, at this time, to dedicate the right-of-way necessary for the road construction. The timing of the right-of-way acquisition is critical since the County will be proceeding with the construction of the roadway this spring and must apply for Federal funds. If the County is not able to obtain the right-of-way at this time, the construction of the road design would be at the expense of the property owner. The proposed intersection design is necessary because of the different types of land uses proposed and the amount of traffic expected to be generated at the school at full development. The two lanes in and two lanes out are necessary to accommodate the traffic and turning movements of the buses and also provide an additional lane for emergency vehicle access should one of the lanes be closed. Grading Overall grading stays out of the oak trees in the northeast corner of the site and } , along the western property line. There is some grading proposed in the existing woods in the low areas adjacent to the ball fields and would remove lowland vegetation which is not subject to the City's tree replacement policy. Land uses proposed seem to be sited in the most appropriate areas on-site. The ball fields are located in the relatively level areas of the property and the buildings are terraced into the hill to minimize grading. There is extensive cut and fill 1'proposed next to the Crosstown but this is necessary to accomodate the entrance f International School 4 February 20, 1987 4, design as depicted on the plan. Grading and road construction will approach the edge of the existing oak forest and the proponents must provide a detailed tree inventory within the grading limits. The high point adjacent to the Crosstown remains intact. The small knob in the center portion of the site will be lowered about 20 feet to accommodate development in the future phases. Buildings terraced down the slopes in all phases and the use of two-tiered buildings help minimize grading overall. There are 2/1 slopes proposed between the entrance off the Crosstown and the tennis courts which need to be modified to a 3/1 slope. Since development is proposed in phases, grading should be limited to Phase I areas only. Architecture The buildings are two-story facing Bryant Lake and a one-story facing the Crosstown. This type of building design helps reduce grading. Buildings are proposed to be constructed out of brick and wood. The building elevations do not indicate specifically how much brick and how much wood is being proposed. The City Ordinance limits wood to a maximum of 25% of the face of any one wall. Since this site is in a residential setting, the buildings should be designed to be comparable in character with the surrounding residential areas. The buildings, as proposed, with the flat roof, appear institutional. The use of brick and wood alone is not enough to convey a residential character. Sloped roofs may help the building fit in to the residential character surrounding the lake. This is extremely important since views into the project from Rowland Road and homes along Beach Road are looking down on top of the project. Traditionally, institutional buildings and other buildings with flat roofs have mechanical equipment. Although the proponents are proposing no rooftop mechanical units, it has been Staff s prior experience that at building permit issuance, proponents typically request that the units be located on top of the building. Adding a pitched roof would not only convey a residential character, but would also screen the rooftop mechanical units. Landscaping The landscape ordinance is based upon a caliper inch requirement for the size of the building, screening of parking areas from the public roads, and screening of the parking areas from surrounding uses and the lake. The total caliper inches proposed is in conformance with the caliper inch requirement. As mentioned in the site plan section, the parking lot is too close to the lake visually, and vegetation in the flood plain and proposed plantings are not enough to screen the parking areas from the lake and from higher elevations along Rowland Road and the adjoining single family areas. To better screen the parking areas from the lake, there should be a 75-foot setback from the driveway along the flood plain to the nearest parking stall. This would allow for larger berms and mass plantings of lowland vegetation to screen the parking areas. Screening of parking areas with lowland vegetation is a requirement of the Shoreland Ordinance. Since views into the parking lot will be from higher elevations as well, large overstory shade trees shall be planted within the planting islands. Since a large portion of the parking area is proposed to be constructed in subsequent phases, it may be appropriate to grade the entire parking area at this time, and plant trees within the future planting islands so that the trees would have several years of mature growth before more hard surface area is added. R a L o� International School 5 February 20, 1987 Utilities Sanitary sewer service is immediately available to this site by a connection to the existing sanitary sewer interceptor along the flood plain on the eastern portion of the site. Water is not immediately available to the project and will have to cross Interstate 494 to serve this site. Extending the water main to the property will be part of a trunk water line improvement by the City.. The proponents will be responsible for all of the costs of the water main extension within their property. No overall storm water run-off plan has been submitted. The proponents must submit a plan which illustrates how storm water run-off from the Crosstown will be directed towards Bryant Lake. Currently there is an existing pipe and swale which runs approximately through the center of the proposed athletic fields at this time. In addition, storm water run-off within the parking areas will not be allowed to sheet drain across the property and a catch basin system and underground storm sewer pipe system will be required. Lighting An overall lighting plan has been submitted which depicts 16 to 20-foot high lighting standards along the private roadway and the parking lot areas. No lighting is proposed for the athletic fields at this time, and the proponents have indicated that these fields will never be lit. This provision should be written into a / restrictive covenant on the property. i Shoreland Ordinance The site plan has been developed in accordance with the provisions of the Shoreland Ordinance including lot sizes and setbacks for building and parking areas from the creek, and from Bryant Lake. Park Dedication The developer is not proposing to pay any park fee or dedicate any land for park use since they feel that the current City Code does not require it. Minnesota Statute 462.358 allows municipalities to require either park dedication or park fee for "any proposed subdivision". The existing City Code relating to park dedication in Section 12.40, which states, "The owner of land being subdivided for residential, commercial, industrial, or other uses, or as a Planned Unit Development which includes residential, commercial, or industrial uses, or any combination thereof shall dedicate the public for public use as parks, playgrounds, or public open space, a reasonable portion of the land up to 10% thereof, as determined by the City to be in the public interest any necessary for such uses." The reference "or other uses" also allows the City to charge a park fee for any proposed subdivision, although the City Attorney's office does recommend Section 12.40 be amended to reflect the existing language in the State Statute. j The Community Services Staff would recommend requiring the dedication of the parcel of property south of the east/west access road to the two former single family residents or dedication of park fees based at $2,300 per acre of the land proposed for rezoning. i International School 6 February 20, 1987 Conclusions The Planning Commission must decide whether or not the proponents adequately substantiated the request for Guide Plan Change to allow a private school use on this site. The decision to change the Guide Plan previously was based upon a density transfer and land dedication. Since land dedication did not occur and the Metram plan was not built, the same conditions exist .as when the property was designated low density residential. Large single family lots could occur on this site and it would allow for considerable flexibility in road and building pad locations and could potentially save as many trees as the current proposal. The proposed use is clearly regional and could be located within the Major Center Area. It is also specialized land use which does require certain site characteristics. It is Staff's understanding that the proponents have looked at other sites in the Metropolitan area with similar site characteristics including rolling topography, trees, creeks, and lakes. Compared to the two previous requests on the site including the Metram proposal and the Crow/Chasewood proposal, the site plan, as proposed, is better in terms of saving trees and the minimal amount of grading work proposed on the property. The current use is not a permitted use within the Public zoning district of the City. In order for this property to legally be rezoned, it must be rezoned to a district in which the use is permitted. Therefore, there is a need for the proponents to have Code Amendment Change approved by the City Council before the zoning can be approved. The proponents are not proposing any land dedication since they feel it Cannot be required by current City regulations. The City Attorney's office has advised that the language under Section 12.40 is inclusive enough to require dedication since the school could be considered under "other uses". However, since the Code must be amended to allow private schools. Section 12.40 of the City Code should be amended specifically to require land dedication or cash park fees for the private school. STAFF RECOMMENDATIONS The following alternative courses of action are presented for Commission consideration: A. If the Planning Commission feels that the proponents have adequately substantiated the request for Comprehensive Guide Plan Change, then approval should be based upon the following conditions: 1. 1. Prior to City Council review, the proponent shall make the following 4' revisions in the plans: a. Revise the internal private road to a 32-foot road surface l standards with curb and gutter. b. Revise the parking lot layout to provide a 75-foot setback to parking from the road along the lakes edge, create a large berm and mass plant with lowland plant materials. Large overstory trees should be added to all planting islands in the parking lot. Relocate parking stalls to other areas of the site. International School 7 February 20, 1967 C. Revise the grading plan to show 3/1 slopes on the east side of the private access road between the road and the tennis courts. d. Provide an overall storm water run-off plan. e. Revise the architectural elevations to be more resident iall: in character. - 2. Dedicate additional right-of-way necessary for the construction of the entrance off the Crosstown. 3. Dedication of the parcel of property south:of the. east/West access road to the two former single family residents or dedication of park fees 'based $2,300"per acre of land proposed-for rezoning. 4. Work with the Hennepin County Park District to provide an emergency vehicle access to Rowland Road. 5. Filing of a. restrictive .covenant-`on the property in favor of the City which prohibits outdoor lighting of the outdoor recreational facilities. 6. Approval of the Code change by the City".Council to permit private school and boarding within the public zoning district and 'amending the subdivision -regulations in .Section 12.40 ;;to require park dedication or cash park fees for private schools. B. The Planning Commission could recommend that development, plans be returned" to the proponent for revisions as identified'-in the Staff Report. C. If the Commission feels that the use of the`property for a;private school is inappropriate and that the Guide Plan Change has not been "substantiated, then the Commission could recommend denial of the project. i ice// MEMORANDUM ( TO: Mayor and City Council 9� Parks, Recreation & Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services —irA` DATE: February 26, 1987 , SUBJECT: International School Development Proposal Attached is a copy of the February 20, 1987 Planning Staff Report on the International School request for Comprehensive Guide Plan change, zoning district change, preliminary plat and code amendment change, as well as a letter from James R. Steilen, attorney representing the proponent. The February 20th Planning Staff Report summarizes the background of previously Proposed development and land use for this parcel, as well as the request by International School. The major parks, recreation and natural resource issues relating to the International School request include: the proposed grading plan, the Shoreland Ordinance requirements, how this plan relates to the approved regional park plan, and park dedication. GRADING On the previous development proposal the major grading issue related to preservation of the oak trees in the northeast corner of the site and along the western property line. This proposal preserves those significant trees. The Community Services Staff concur with the Planning Staff Report regarding the grading plan for this site. SHORELAND ORDINANCE The site plan does conform with the requirements of the Shoreland Management Ordinance. CONSISTENCY WITH THE REGIONAL PARK PLAN The regional park plan that was approved by the City Council depicted approximately the southern 40 acres of this site to be included in the regional park. The Park Reserve District requested this addition to the park originally to accommodate camping uses and to preserve the north shore of Bryant Lake in its natural condition. The revised plan indicated the majority of the site would be used for pasture to accommodate the continued use of the stable operation. The Vo-Tech stable operation more than likely is an interim use for that particular portion of the park; therefore, the additional pasture land is not a requirement; however, the preservation of the Nine-Mile Creek valley and floodplain, as well as the north shore of Bryant Lake is important to the ultimate development of Bryant Lake Regional Park. The City of Eden Prairie considers the regional parks within the City limits as a part of the total park system of the City. The Park Reserve District Board wuuld like the Y regional park boundary to include the floodplain of Nine-Mile Creek, as well as the north shore of the lake up to the east/west cart way serving the existing Park Reserve 1 District parcel. a The City of Eden Prairie has an agreement with the Metropolitan Council to attempt to acquire, through park dedication, as much of this property as is "reasonable through Cpark dedication in order to accommodate the requested regional park boundaries." The letter from Mr. James Steilen states that the developer's position is that "An objective view of the use of the site would have to conclude that the school as such does not generate a need for park space as a residential development would." "The staff reports recommendation concerning park dedication is not justified by the nature of the school development. The recommendation appears to be less motivated by needs created by the development and more motivated by the fact rthat the school has purchased a track that some park people believe would make a good park." Mr. Steilen further quotes the State Statute which authorizes cities to impose park dedication requirements only if the municipality reasonably determines that it will need to acquire that portion of land for park purposes "as a result of the subdivision". Mr. needs not solved by the development itself." Steilen states that " s No one can seriously argue that this school will create park As the Planning Staff Report indicates, Minnesota Statute and City Code allow the City to acquire park dedication for any proposed subdivision providing the City can prove that the municipality will require additional parkland as a result of that subdivision. In most cases, the City requires a cash park fee and uses that park fee to acquire and develop land within the park system plan. Whenever a subdivision is developing a parcel that is within the boundaries of a proposed park the City requires park dedication in lieu of park fees. The International School is proposing a development that has property within a proposed park boundary; therefore, the City staff is recommending dedication of a reasonable portion of park property within this subdivision. The developer is proposing a school that will eventually accommodate up to 1500 children from kindergarten through 12th grade. Many of these children will ultimately live on this site. The Community Services Staff believe that one can seriously argue that this school will create park needs not solved by the development itself. The developer is already talking to the Park Reserve District about connecting trails to their regional park and using some of the park facilities with their program. The Community Services Staff encourage this private school to use these public facilities, and would also expect children living in that part of the community (boarding at the school) to use other City facilities, and would more than likely have some of those children participating in youth athletic association programs, using the Community Center for swimming and skating programs, as well as using the City trail system throughout the community. It is unreasonable to think that these children would not use the public facilities available to them in this community, and 1500 additional children going to shcool and/or living in this community will require additional park facilities in this community. Attached to this memo is a map depicting the proposed property boundary for Bryant Lake Regional Park that includes land within this subdivision. There is small portion of floodplain property adjacent to Nine-Mile Creek along the eastern boundary of the f property and the majority of the proposed parkland is floodplain property south of the ( :. east/west cart way The City does not generally give credit for park dedication for floodplain property, as the value of floodplain is not equal to the value of the developable property, for this reason the Community Services Staff recommend acquiring an actual acreage amount ( that exceeds 10% of the site which is the normal park dedication requirement. Of the amount of property being suggested for park dedication approximately 3.6 acres are developable property. The remaining portion (approximately 7.3 acres) is undevelopable floodplain property. It is the responsibility of the Parks, Recreation and Natural Resources Commission to determine if this subdivision will generate a need for additional parkland and, if so, what amount of land should be dedicated for park purposes. The Planning Commission reviewed this proposal on Monday, February 23rdrand continued the item to March 9th to resolve several issues regarding."landscaping,,screening-of parking lots, width of roads, etc. This item will be reviewed by the City Council on Tuesday, March 17th. BL:md i si I ` d l " MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, Director of Planning THRbUGH Carl J. Jullie, City Manager DATE: March 13, 1987 SUBJECT: International School of Minnesota--Planning Commission Minutes Minutes from the February 23, and March 9, 1987, P1anning,Comm ission meetings are;: not yet available for this item. However, the Planning Commission ,was clear, that they wanted the Council to be aware of the discussions and concerns that were raised.. at their meetings regarding this development. Because of their concerns, we will have the unapproved draft of both sets of minutes delivered to you this weekend so you will have time to review them before the meeting Tuesday night. �R UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCE COMMISSION March 2, 1987 -7- Lambert said the tennis courts are the accepted standard size. The concept has changed somewhat in that more parking has been added. Lambert said he cannot define occasional use of the park by the athletic association because it will depend upon if the bond referendum is passed. If it is not, the athletic association will be looking at any available fields. Regarding the exchange of the softball field for an ice rink, Lambert commented that several years ago there were more than 20 unlighted skating rinks without warming houses. However, many surveys of unlighted rinks showed that they weren't used. There is only one of these left because kids will go to the parks where the rinks are lighted and there is a warming house. Lambert does not see a problem adding a basketball hoop and bike rack. The resident asked if the football field could be enlarged to accommodate soccer. Lambert said we are already working in a very tight space and there isn't room to make the field a regulation soccer field. Bierbaum asked if the parking space at the park will be sufficient. Lambert said yes. C. International School Refer to memo dated February 26, 1987 from Bob Lambert, Director of Community Services, staff report dated February 20, 1987 and letter dated February 23, 1987 from James Steilen, attorney for the International School. Lambert said the main issue regarding this development is the payment of cash park fees discussed in the attorney's letter. Other issues are grading, shoreland ordinance and consistency with the regional park plan. Regarding grading, Lambert said the proposal preserves a significant amount of trees and the site plan conforms with the requirements of the Shoreland Management Ordinance. However, the development as it is would severely limit the size of the proposed park expansion. The developer is applying for public zoning and without revising the public zone, the City will have to deny the -<' proposal. The City does not charge cash park fees for non-profit, tax exempt developments. Lambert said lie would expect and encourage children and staff boarding and working at the school to use public facilities. Tracy Whitehead, Director of Operations for the International School, was present at the meeting. She apologized to the Commission for not being, more well prepared, but did not know she was to attend the meeting until today. J UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCE COMMISSION March 2, 1987 -8- Whitehead reviewed the plans for development of the school and said density would be 0.05 upon completion in approximately ten years. The buildings on the site will be low profile and built into the contours of the hills. The lakeshore will remain undeveloped since this will provide a good opportunity of learning for the children. They will also not light any of the athletic fields. The only disagreement she has with staff is the use of parkland and payment of cash park fees. The school has paid $30,000 per acre for this land and cannot justify dedicating land to the City for parkland, especially since the school has no plans to develop the land. Whitehead does not agree that the school will generate a need for park space since they will have all these facilities at the school. Whitehead added that the county removed at least 40 trees in order to remove the county garage on this property and did not ask permission of the school. Referring to Bob Lambert's memo, Whitehead said she does not understand why the preservation of the Nine Mile Creek valley and floodplain and the north shore of Bryant Lake is so important to the development of Bryant Lake Regional Park since the park is already so large. She added that boarding children at the school is only a concept for the future at this time and is not definite. The school will have its own athletic field, gym and swimming pool so it will not be necessary to use public facilities. If the City requires the payment of cash park fees, the school would be unable to continue with the project. Lambert referred to a phone call he and Whitehead had a couple of months ago when he told her that the City would require the payment of cash park fees and the dedication of parkland to the City in order to approve the proposal. Whitehead reviewed notes she had taken of the phone conversation and did not recall any reference to cash park fees or park dedication. Whitehead added that she understands the City owes the Metropolitan Council $2400000 and that if the school paid the cash park fees, this would erase the debt. Lambert said this amount was paid back about 1-1/2 years ago and the City no longer owes them any money; however, the City has agreed to obtain as much land as possible through park dedication and to sell the land to the Park District for regional parkland. Whitehead said she questions if the payment of cash park fees will be required with public zoning. Lambert indicated that the zoning they apply for will not be the same as the existing ordinance because the existing ordinance wouldn't allow their use. Shaw asked about the ownership structure of the school. Whitehead said the school has two owners and has been in the family for over 100 years. There are five other schools, but this will be the first in the United States. )J UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCE COMMISSION March 2, 1987 -9- Cook asked if the school is a for profit organization. Whitehead said the overseas schools are making money, but it will be some time before this one makes any money. Baker asked what size staff the school will have. Whitehead said there are currently 41 staff for 100 students, but when it is running at capacity, there will be about 300 staff. Shaw asked the cost per student at the school. Whitehead said it is about $450D this year and next year it will be about $5000. Joyer asked what would happen if the school needed to use,public facilities in the future. She also asked if the floodplain area were dedicated to the city, will it prevent the school from using the area. Lambert said the school will still be able to use the area, but the floodplain is important to the park,:because-as much shoreline and floodplain as possible should-be preserved forever. Whitehead asked if a scenic easement could be considered"for land in the floodplain. - Cook feels that cash park fees should be applied to this development because he feels certain the school will require public facilities in the future. Mikkelson asked if cash park fees are always paid in one lump sum. Lambert said they are paid in furl when the developer applies for a building permit. Mikkelson asked if there has ever been an exception. Lambert said no. Mikkelson said perhaps the City should make an exception for the school. Shaw said the school is owned by a large corporation and is definitely not short of money considering their proposed investment. " MOTION: Shaw moved to recommend that the International School be required to pay cash park fees and that a scenic easement be added to the floodplain area to maintain control. Joyer seconded the motion and it passed 6-0. VI. REPORTS OF COMMISSIONERS. BOARDS AND STAFF A. Reports of Director of Community Services 1. Park Bond Referendum Progress Report Lambert said staff has been meeting with various associations and the last meeting will be lield this Thursday. They are currently looking for a place with about 50 telephones so 2500 residents can be called the night before the referendum. 7C MEMORANDUM TO: Mayor and Members of City Council THROUGH: Carl Jullie, City Manager FROM: Roger Pauly, City Attorney SUBJECT: International School DATE: March 13, 1987 As is evident from the Staff reports dnd minutes of meetings Of commissions relating to this project, a number of objections have been raised by the proponents as to the applicability and/or, imposition of City Code provisions or other requirements upon' the project. One of the more serious objections relates to the dedication of a portion of the subject property for park purposes. \ This development proposal is rather unlike most of the developments which have come before the Council because it involves, among other things, the need to authorize a new use, i.e., a private school in the public district. Such a use is not now permitted in that district. Because the proposed use is not now authorized in the public district there may be certain use standards which may reasonably be required of private schools which are different from or in addition to the standards for other uses in the public district. There is a 'suggestion of some of these in the Staff reports and Commission proceedings. In other words, some of the conditions for a private school ! ram: Page -2- use in a public district should very likely be incorporated as standards in the City Code rather than simply left to a Developer's Agreement. Recommendation 1. If the Council determines that some or all of the matters raised in the Staff reports or Commission proceedings have merit, the Council should continue the public hearing and direct Staff to draft such of those matters into the Code as standards as may be appropriate. At the continued hearing, the Council could then consider the Code amendments in proper form. With respect to the matter of dedication of land for ( park purposes, the proponent has asserted that such a requirement is beyond the lawful authority of the City and, has suggested, that insistence upon compliance with this requirement may result in litiga- tion against the City. I therefore call to your attention the following: Minnesota Statutes §462.358 Subd. 2b provides in part as follows: the regulations may require that a reasonable portion of any proposed subdivision be dedi- cated to the public or preserved for public use as parks, playgrounds, trails, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any i cash payments received shall be placed in a special fund by the municipality used a , Page -3- only for the purposes for which the money was obtained, (c) in establishing the reason- able portion to be dedicated, the regulations may consider the open space, park, recrea- tional, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reason- ably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. City Code §12.40 provides in part as follows: Subd. 1. The owner of land being subdivided for residential, commercial, industrial or other uses, . . . shall dedicate to the public for public use as parks, playgrounds or public open space a reasonablb portion of the land up to 10% thereof, as determined by the City to be in the public interest and necessary for such uses. Subd. 2. At the City's option, the subdi- vider shall contribute an equivalent amount in cash, in lieu of all or a portion of the land which the City may require such owner to dedicate pursuant to Subdivision 1 hereof, in accordance with the schedule to be set by resolution of the Council. Subd. 4. The City may determine the location and configuration of any land dedicated, taking into consideration its suitability for its intended purposes and how it will best serve the public and future needs of the community for such purposes. Subd. 5. Land dedicated for the holding - of storm or drainage water, power line ease- ments or which is unusable or of limited use may, at the option of the City, not be deemed accepted by the City for purposes of owner's compliance with Subdivisions 1 and 2 hereof . . . Page -4- Subd. 6. Where the owner provides for public use, neighborhood park amenities such as, but not limited to, tennis courts, ball- fields, open space or other recreational facilities, the City may reduce the amount of land to be dedicated or the cash contribu- tion in lieu of such dedication ley an amount equivalent to the cost of the facilities provided. In Collis v. City of Bloomington, 246 NW2d 19 (1976) the Minnesota Supreme Court stated that the words "reasonable portion" are "construed to mean that portion of land which the evidence reasonably establishes the municipality will need to acquire for the purposes stated as a result of approval of the subdivision. This is, of necessity, a facts and circumstances test, but it is the only kind of test that will consider the myrad of factors which may bear upon a municipality's needs for certain kinds of facilities and the relationship of a particular subdivision to those needs." In the Collis case the Court had under consideration Bloomington City Ordinance which provided for a dedication of 10% of a developer's property or a contribution of 10% of the value of that property for park purposes. The land value was to be determined by an estimate of i market value as calculated by the City Assessor. In considering this provision the Supreme Court stated that the Assessor's determination is only prima facie evidence of the undeveloped land value which may be contested by the developer in a judicial review II proceeding. i . Page -5- In this case the proponents have asserted that there was insufficient evidence presented to the Planning Commission to justify imposition of the park land dedication being sought by the City. Recommendation 2. Unless the Council decides not to impose a requirement upon International School to dedicate a portion of its property, for park purposes or to accept a cash contribution in lieu thereof, the Council should refer the matter back to the Planning Commission.to conduct a further public hearing on the issue of whether and what amount of land would constitute a reasonable portion which the City may require to be dedicated by the developer for park purposes in accordance with state statute and-case law. - 1 l TO: Mayor and City Council Members FROM: Steve Durham, Assistant Planner i THROUGH: Chris Enger, Director of Planner DATE: February 25, 1987 RE: Proposed Ordinance Change The Board of Adjustments and Appeals and the Planning Commission have reviewed and approved the proposed City Code amendments attached. The proposed ordinance amendments are now before the City Council for review and a first reading action. For ease of review Staff has prepared the following context to explain the purpose of each Code amendment. Section 1 - BY RENUMBERING SEVERAL PARAGRAPHS UNDER DEFINITIONS. Purpose - To allow Tor proper alphabetical insertion of "Base Area" definition. Section 2 - BY INCLUDING A DEFINITION FOR MAXIMUM "BASE AREA" RATIO. Purpose - To regu ate the building foot print of multiple-story buildings so as not to exceed the building foot print of a single-story building. The Code' will facilitate in less building coverage for multi-story structures. Section 3 - BY CHANGING SPECIAL REQUIREMENTS FOR THE FILING AND RECORDING OF LEGAL E RIPTIONS AND ZONING DISTRICT CHANGES. Purpose - To clarify the procedure for filing and recording legal descriptions of land in each zoning district in Eden ( Prairie and to insure inclusion of legal description on the zoning map of the City of Eden Prairie. Section 4 - BY INCLUDING A COLUMN DESIGNATING MAXIMUM BASE AREA RATIO. Purpose - o i entify in the performance standard portion of City Code the numerical percentage criteria for "Base Area" ratio standards. Section 5 - BY AMENDING MECHANICAL EQUIPMENT SCREENING STANDARDS. Purpose - To furt er clarify when mechanical equipment screening is required by Code. Section 6 - BY INCLUDING PROVISIONS FOR REQUIRED LANDSCAPING IN RESIDENTIAL I TRICTS. Pur ose - To have a Code requirement necessitating ground stabilization in RI and RM Zoning Districts. Section 7 - BY CHANGING PROVISIONS RELATING TO OFF-STREET PARKING SPACE REQUIREMENTS FOR OFFICE USE AND COMMERCIAL RETAIL USE. Purpose - To reduce City Code parking stall requirements to reflect current parking ratio needs in office and commercial developments. Section 8 - BY AMENDING OFF-STREET PARKING REQUIREMENTS. Purpose - No specific c ange in Code, grammatical correction made. Section 9 - BY AMENDING EXTERIOR MATERIAL DESIGN STANDARDS TO OMIT FACTORY FABRICATED AND FINISHED METAL FRAMES PANEL CONSTRUCTION. Purpose- To eliminate prefinished metal or plastic as an approved building materia in the Office, Industrial, Commercial, Public and RM-2.5 Zoning District. The Code also specifies a required ratio of 75% approved building material, that is, brick, glass, or stone to be utilized as a primary building material and trim, that is, wood, stucco, plastic, vinyl, and metal not to exceed 25%. 5�1 Section 10 - BY ADDING GOLF COURSES AS A PERMITTED USE IN RURAL DISTRICTS EXCLUSIVELY. Purpose- To provide a zoning district for golf courses. Section 11 - BY PROVIDING FOR A MAXIMUM SQUARE FEET REQUIREMENT FOR SUPPORTING COMMERCIAL SALES AND SERVICES TO OFFICE USERS WITHIN LARGE OFFICE STRUCTURES. Purpose - To limit the amount of commercial/retail activity to 15% in Office Zoning Districts. Section 12 - BY ADDING A REQUIREMENT LIMITING THE SQUARE FOOT MAXIMUMS FOR NN IRBORHOOD COMMERCIAL SERVICES AND COMMUNITY COMMERCIAL SERVICES. Pu ose - To call out the maximum number of square feet permitted in N-Com and C-Comm devetopment as identified in the Guide Plan. Section 13 - BY PROVIDING FOR A MAXIMUM PERCENTAGE OF GROSS BUILDING AREA, U 0 ING MINOR COMMERCIAL USES CAN OCCUPY IN INDUSTRIAL DISTRICTS. Purpose - To limit the amount of commercial/retail activity to 15% in Industrial Zoning Districts. Section 14 - BY ADDING A REQUIREMENT TO SPECIFY "END LAND USE" AFTER LAND ALTERATION OCCURS IDENTIFY ZONING OF PROPERTY AFTER LAND ALTERATION OCCURS UNDER SECTION ENTITLED "MINING OPERATION AND LAND ALTERATION REGULATIONS". Purpose - To insure, once land alteration is completed, what the land shall be used fo�if the zoning is appropriate for proposed land use. Section 15 - BY PROVIDING FOR A MAXIMUM SIZE OF NAME PLATES AS PERMITTED UNDER HOME C Ub�PATION CODE. Purpose - To clarify the use of a sign for home occupations and ( regulate the sign size. Section 16 - BY RENUMBERING SEVERAL PARAGRAPHS UNDER SUBDIVISION 2 ENTITLED "SIGN Purpose - To allow for proper alphabetical insertion of "Sign Base" definition. Section 17 - BY ADDING A DEFINITION FOR SIGN BASE. Purpose - To define a sign base. Section 18 - BY ADDING AREA IDENTIFICATION REGULATION CRITERIA UNDER SUBDIVISION 3 ENTITL D "GENERAL PROVISIONS". Purpose - To provide a minimum number of acres to support an area identification sign for a development. Section 19 - BY ADDING SIGN BASE REGULATION CRITERIA UNDER SUBDIVISION 3 ENTITLED "GENERAL PROVISIONS". Purpose - To include as a performance standard size requirement for a sign base. Section 20 - BY ADDING SIGN BASE CRITERIA TO RESIDENTIAL DISTRICTS. Purpose - To include as a performance standard size requirement for a sign base in Residential Districts. Section 21 - BY AMENDING THAT PORTION OF THE COMMERCIAL SIGN ORDINANCE BY ON DATING PERMITTED COMMERCIAL SIGN CRITERIA UNDER ONE HEADING FOR ALL COMMERCIAL DISTRICTS. Purpose - Current Code has two commercial sign criteria sections for connerciaTuse. The Code amendment will create one commercial sign criteria section. Section 22 - BY DELETING PARAGRAPH D OF SUBDIVISION 4 OF SECTION ENTITLED "SIGN PERMITS". Purpose - To delete duplicated commercial sign criteria sections for commmercial use. Section 23 - BY AMENDING THAT PORTION OF THE SIGN ORDINANCE BY INCLUDING PROVISIONS FOR WALL SIGNS FOR EACH ELEVATION AND INCLUDING SIGN BASE CRITERIA. Purpose - To include sign criteria relating to wall signs in the Office Zoning District. Section 24 - BY ADDING SIGN BASE CRITERIA TO INDUSTRIAL DISTRICTS. Purpose - To include as a performance standard size requirements for a sign base in Industrial Districts. Section 25 - BY ADDING SIGN BASE CRITERIA TO PUBLIC DISTRICTS. Purpose - To include as a�ormance standard size requirements for a sign base in Pubic Districts. Section 26 - BY RELETTERING PARAGRAPHS UNDER SECTION ENTITLED "SIGN PERMITS uP ose—To reletter paragraphs to reflect Code amendments. Section 27 BY ADOPTING ZONING MAP ENTITLED "ZONING MAP OF THE CITY OF EDEN. I "TATED JANUARY 1987. Purpose - To officially identify a zoning map on record at City Hall which identifies legally zoning descriptions. -Section 28 - READOPTION OF CITY CODE CHAPTER 11 IN ITS ENTIRETY AS AMENDED HEREIN. uPp ose- Readopt Chapter 11 of the City Code in its 'entirety to eliminate any es� crepency of its first adoption. < 7I J7� ORDINANCE NO. 9-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY:.CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" AND READOPTION OF CITY.CODE CHAPTER 11 IN ITS ENTIRETY AS AMENDED HEREIN, (1) BY RENUMBERING SEVERAL s'PARAGRAPHS UNDER DEFINITIONS; (2) BY INCLUDEING A DEFINITION FOR A MAXIMUM BASE AREA RATIO; (3) BY CHANGING SPECIAL REQUIREMENTS FOR THE FILING AND RECORDING OF 'LEGAL DESCRIPTIONS AND ZONING DISTRICT CHANGES; (4) BY INCLUDING A COLUMN . DESIGNATING`MAXIMUM BASE AREA RATIO; (5) BY AMENDING MECHANICAL EQUIPMENT SCREENING TANDARDS; (6) BY INCLUDING' PROVISIONS FOR REQUIRED LANDSCAPING IN RESIDENTIAL DISTRICTS; (X) BY.: CHANGING PROVISLDNS RELATING TO OFF—STREET PARKING SPACE REQUIREMENTS FOR,_OFFICE,rUSE AND COMMERCIAL RETAIL USE; (8) BY AMENDING OFF-STREET PARKING; REQUIREMENTS; _ (9) .BY AMENDING EXTERIOR MATERIAL DESIGN "STANDARDS TO OMIT FACTORY FABRICATED AND FINISHED METAL FRAMED PANEL CONSTRUCTION (10),BY ADDING GOLF_ COURSES AS.A=PERMITTED USE IN RURAL DISTRICTS EXCLUSIVELY; (11) BY PROVIDING FOR A'MAXIMUM-`:SQUARE FEET REQUIREMENT FOR'SUPPORTING COMMERCIAL SALES AND 'SERVICES. TO OFFICE USERS WITHIN LARGE.OFFICE STRUCTURES; (12) BY ADDING A REQUIREMENT LIMITING THE SQUARE FOOT" MAXIMUMS FOR NEIGHBORHOOD COMMERCIAL SERVICES' AND COMMUNITY COMMMERCIAL -SERVICES; `(13) BY PROVIDING FOR A MAXIMUM PERCENTAGE OF GROSS BUILDING AREA, SUPPDRTING= MINOR COMMERCIAL USES CAN OCCUPY IN INDUSTRIAL DISTRICTS; (14)"BY ADDING'A REQUIREMENT?0 SPECIFY "END LAND USE"AFTER LAND ALTERATION. OCCURS AND IDENTIFY ZONING OF PROPERTY AFTER LAND ALTERATION OCCURS'UNDER SECTION ENTITLED MINING OPERATION AND LAND ALTERATION REGULATIONS; (15) BY PROVIDING FOR A MAXIMUM SIZE OF-' NAME`PLATES—AS. PERMITTED UNDER HOME OCCUPATION CODE; (16) BY RENUMBERING',SEVERAL PARAGRAPHS UNDER SUBDIVISION 2 ENTITLED SIGN PERMITS; (17) BY ADDING A DEFINITION FOR SIGN BASE; (1B) BY ADDING AREA IDENTIFICATION REGULATION CRITERIA UNDER SUBDIVISION " 3 ENTILTED= GENERAL PROVISIONS; (19) BY ADDING SIGN BASE REGULATION CRITERIA UNDER SUBDIVISION 3 // ENTILTED GENERAL PROVISIONS; (20) BY ADDING 'SIGN BASE ,CRITERIA TO RESIDENTIAL t. DISTRICTS; (21) BY AMENDING THAT PORTION—OF THE COMMERCIAL._ SIGN ORDINANCE BY_ . CONSOLIDATING PERMITTED COMMERCIAL SIGN CRITERIA UNDER :ONE HEADING :FOR ALL_ COMMERCIAL DISTRICTS; (22) BY DELETING PARAGRAPH D ' OF SUBDIVISION FOUR OF"SECTION ENTITLED SIGN PERMITS; (23) BY AMENDING THAT PORTION"OF' THE OFFICE'SIGN ORDINANCE BY'; INCLUDING PROVISIONS FOR WALL SIGNS FOR EACH ELEVATION AND. INCLUDING SIGN BASE CRITERIA; (24) BY ADDING SIGN BASE CRITERIA TO INDUSTRIAL DISTRICTS; (25) BY ADDING. SIGN BASE CRITERIA TO PUBLIC DISTRICTS; (26) BY RELETTERING PARAGRAPHS UNDER SECTION ENTITLED SIGN PERMITS; (27) BY ADOPTING ZONING MAP..ENTITLED "ZDNING:MAP OF THE CITY OF EDEN PRAIRIE" DATED JANUARY 1987; (28) AND READOPTION OF CITY_ CODE CHAPTER 11 IN ITS ENTIRETY AS AMENDED HEREIN. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: j �{ i Page 2 Section 1. Eden Prairie City Code Section 11.02 is amended by renumbering existing paragraphs 4 through 59 inclusive, as paragraphs 6 through 61. (Refer to page 282 of current City Code). Section 2. Eden Prairie City Code Section 11.02 entitled "Definitions" is hereby amen33 by adding new paragraphs 4 and 5 which will read as follows: (Refer to page 282 of the current City Code) NEW 4. "Base Area" - The "Base Areav'of a building or buildin s shall be the sum of the gross horizontal areas of the first flo such or of buil inq or Fu—Wngs measuresfrom the er exterior faces of the extior wa1Ts or from the centerline of party walls sepa— rat inq two builainvs. In particular, "Base Area" s a include: — floor. (a) Elevator shafts ._and stairwells on the first — _ (b) Floor space used for mechanical equioment jwhere the structural headroom exceeds seven and one-half feet, except a ,,ent, oen or enc osT� 1`ock�on the roof, i:e.,Til ekTi ads;water tancfs—an cooling towers —— _ completely enclosed. (c) 40% of the porch when the porch is total lot area. 5. "Base Area Ratio" - fie ratio of total base area to '— - — _— Section 3. Eden Prairie City Code Section 11.02, Subd.1 entitled "Establishment oT Districts" is hereby amended by deleting paragraphs B and C and including new paragraphs 8 and C to read as follows: Subd. 1. Establishment of Districts. [DELETE B. Legal descriptions of the land in each District are on file and open to public inspection in the office of the City Manager. C. District changes are listed in City Code Chapter 251 NEW B. The location and boundaries of the Districts established in this ordinance are set forth on the zoning map entitled "Zoning Mp o th�ity of Ede— _ Prairie" and the legal descriptions of the land in each District anT—the zoninq map are on file and open to pu6ficinspectian in the office of the � Mana er. In case of discrepant between lega eld scription and zoning map the eqa ecription will prevai C. For ease of reference ordinances changing District zoning between November 6, 9T 69 and April,-19�4 are set forth in City Code Chapter 25. Section 4. Eden Prairie City Code Section 11.03, Subd. 2.B. entitled "District t—andards" shall be amended by includinq a column designating Maximum Base Area Ratio (BAR) for Office/Commercial/Industrial District as follows: (Refer to page 288-1 of current City Code). B. The following criteria shall apply to all Districts: Insert Chart Chart ` Group Usable / MINIMUM LOT SIZE MINIMUM YARD/SETOACA Site Open Max.. 1 Area per Space Max. Nt.or Area Owe l l l mg Per Floor Maln Sq.Ft. One Both Unit Dwelling Area Struc. RESIDENTIAL or Width Depth Front Side Sides Pear Sq.Ft. Unit Patio tuft DISTRICTS Acres Ft. Ft. Ft. Ft. Ft. Ft. or Acres S .Ft. FAp RURAL 10 AC 100 l00 So SO ISO SO IOAC N/A N/A l0 P1-44 4410DO too ISO OD IS 20 30 44,ODO Park Ded. N/A 00 PI-22 22,000 90 125 20 15 00 25 22,000 Park Ded. N/A 20 RI-11.5 10,500 85 1o0 10 10 25 20 17,500 Park Ded. N/A 00 RI-9.5 91500 70 100 00 ISee ISee 20 9,500 Park Ded. .15-1 30 Item 5 Item 51 Story .. P9.298i P9.2981 .25- Multi Story RM-6.5 12,000 90 !00 30 IO 25 20 51500 Park Ded. 0.2-1 30 and 90 plus 1000. Story mini- sq, ft./ 0./- -- mum Unit Ma(ii front- :Story aqe on a street P.O.W. _ PM 7.5 75,000 I50 ISO 35 25 50 10 2.500 Palk Ued. plus 600 5-t ofp sq. It./ llnit MU1t( ACCESSORY STRUCTURE Min. Min. Distance Distance to Side to Rear Off- Screening RESIDENTIAL Max. Lot Lot Street and DISTRICTS Nt. Line Line Loading Landscaping RURAL JO 70 00 N/A N/A P1-44 15 10 10 N/A N/A RI-22 IS 30 10 N/A N/A PI-10.5 15 10 10 N/A N/A 111-9.5 IS S S N/A N/A RM-6.5 15 t0 10 N/A Yes R:1 Z.S IS 10 10 yes Yee (4-30-84) 1 Chart 11.03 O U C � Y.C N r .r O✓ =6 r ��' .. N S.�> O 'G Z�■ C�.E O.�E a p-o )0Y r @ O i ■ O O T Y v t w o. I F ^ O< q\r 4� r U N IJ ii O � V U (9-17-82 -�d�r Chart, 11.03 o u L S Z N r W ♦ ,� O o a ra aiN .o eiN� oNe i'N u�oZN� \ ; j _ - z [ �ize oa.i -i V w m H Z O N W s ry 2 CC V W O ^ u�.. 1 n - O Z w W V < V r P N < < U n I \ y Y N u_ OU w a.l V t (9-17-82) Chart 11.03 p p p R u p 4 P < o 2 � \ ' O Yti 4 tr p {OyLgkI1 - Ir C C 4 Y N y \ 2 . I P Y G� a 41 t A pw p O Y Y _ N S O A b J .p4 ry ry I ry I N I ry p. M u< t 1 r q Y 111 A m \ V y V I r N C Y w E 9 y U V 2 6 4 1 . O U w N (9-17-82 J Page 3 Section 5. Eden Prairie City Code Section 11.03 entitled "Establishment of Districts, Special Requirements and Performance Standards" is hereby amended by changing Subdivision 3, Paragraph G, Subparagraph 4, Item k to read as follows: (Refer to Ordinance #15-85 adopted May 21, 1985). Subd. 3. Special requirements. G. Screening and Landscaping. the following: 4. All landscaping shall be implemented in accordance with [DELETE W Mechanical Equipment Screening: Mechanical equipment irregular in size and shape, having exposed or protruding fans, grills, pipes, tubes, wires, vents, or unfinished metal covering with exposed rivets and seams, shall be physically screen from all public roads and adjacent differing- land uses, with either natural or artificial materials, in a manner architecturally integral to the building or buildings on the site and in a manner consistent with the site landscape plan Subd. 3. Special Requirements. G. Screening and Landscaping. with the following: 4. All landscaping shall be implemented in accordance NEW W Mechanical Equipment Screening: All mechanical a ( ment ossessin one or more or tine folTo—wing characteristics shall a �hysicaaly—screen7e from all ub is rl oads and a acent di fe�laan —uses, witsi either natural o7 artificial materials in a manner architecturally inteoral o the uildings or - 3ing on the site: i) Irre u lar in size and shape. xpose and/or protruding fans rills, pipes, tuVes,Ores,es,vents. 3) Unfinished metal covering, exposed rivets, exposed seams. Section 6. Eden Prairie City Code Section 11.03 entitled "Establishment of Districts, Special Requirements and Performance Standards" is hereby amended by changing Suddivision 3, Paragraph 4, to include item m to read as follows: (Refer to Ordinance #15-85 adopted May 21, 1985). NE14 Subd. 3. Special Requirements. G. Screening and Landscaping following: 4. All Landscaping shall be implemented in accordaace with the Page 4 m. General Landscape for Residential Districts. In R1-44, R1-22, R1-13.5, R1-9.5 and RM-6. i5 dstricts all ex osed round area, surround'n the rinciple bu�ding and accessor uildin s, which are not eked to rivedays, srdewal s, or patios, sha a lan sca witF—ras_s, shrubs, trees, or other ornamental landscape material. No andscap_ area s ah 11 be use for the ark in of v is es or storage or display of materials, supp ies, or merchandise. Section 7. Eden Prairie City Code Section 11.03 entitled "Establishment of Districts, Special Requirements and Performance Standards" is hereby amended by changing off-street parking space requirement in Office and Commercial Districts set forth in Subdivision 3, Paragraph H, Subparagraph 4, Item d and a to read as follows: (Refer to page 297 of current City Code). Subd. 3. Special Requirements. H. Off-Street Parking Facilities. 4. Parking Requirements/Use District Land-UsesILDE L Off-Street Parking Space Requirements d. OFC 5/1000 sq. ft. G.F.A, e. COMM. Service Stations 10+ spaces where cars are sery ices ( Motets, Hotels 1/guest room + 1/employee Restaurants & Lounges 1/three seats Banks 8/1000 sq. ft. G.F.A. Retail Stores and Shops 8/1000 sq. ft. G.F.A. Arenas, Theatres, 1/3 seats Warehouses 1/2-1000 G.F.A Subd. 3. Special Requirements. H. Off-Street Parking Facilities. 4. Parking Requirement/Use District Land-Uses Off-Street Parking Space Requirements NEW d. OFC G.F.A. Ratio 1 - 60,000 E. ft. 5.0/1000 ft. 60900r - 79M sq. U 4.9/1000 s� t. ( 709001 _ 0 sq. Tt d�} ft �;� sq. 1 t 11000 W,OaT = im-9 �3 sue. -ft' 4.6/1000 sq. ft. � a:� T56,b6r_ un l ft, �b sq, Page 5 e,. Conn. Service Stations 10+ spaces where cars are serviced Motels, Hotels 1/ uueestt room + /T employee Restaurants & Lounges 1/three seats Banks 6.0/1000 sq.. ft. G.F-.A. Retail Stores and Shops G.F.A. Ratio 0 - 10,000 sq. ft. 8.0/1000 sq. ft. 10,001 = IDb 9Z7O sq- i;t— bOT=sg_ Tt. ibb,b�r_ —ius aY -ft—. sq. ft. Arenas, Theatres, 1/3 seats s�1y Halls Warehouses 1/2-1000 G.F.A. Section 8. Eden Prairie City Code, Section 11.03 entitled "EstablisFRent of District, Special Requirements and Performance Standards" is hereby amended changing Subdivision 3, Paragraph H, Subparagraph 7, Item c to read as follows: (Refer to page 298-1 of current City Code). Subd. 3 Special Requirements H. Off-Street Parking Facilities DELETE 7. Connecting Parking Areas With Streets (a) Vehicular traffic generated by any use shall be channeled and controlled so as to avoid congestion and traffic hazards. (b) The adequacy of any proposed Traffic control measures such as warning signs, directional signs, turn lanes, channelization, illumination, etc., may be required. (c) All driveways abutting public streets shall be subject to the following regulations: Minimum distance between driveways - 20 feet. Minimum driveway angle to street - 30 degrees for one way streets and 60 degrees for two way streets. Minimum driveway width at street curb - 30 feet. Driveway Width Maximum Minimum One ',-lay 20 feet 12 feet Two flay 30 feet 24 feet Minimum Driveway Return Radius - 6 feet. Minimum Distances between end of driveway return and Property Line - 10 feet J;aa, Page 6 Subd. 3 Special Requirements H. Off-Street Parking Facilities NEW 7. Connecting Parking Areas With Streets (a) Vehicular traffic generated by any use shall be channeled and controlled so as to avoid congestion and traffic hazards. (b) The adequacy of any proposed Traffic control measures such as warning signs, directional signs, turn lanes, channelitation, illumination, etc., may be required. (c) All driveways abutting RuLblicstreets shall be subject to the following reg�ationse _ Minimum distance between driveways - 20 feet. Minimum driveway angle to street _ 30 degrees for one way streets and 60 degrees for two way streets. _ Driveway widths at street curb are: Driveway Width Maximum Minimum ne 20 feet 12 feet Two W� 34 feet 9 e—et Minimum Driveway Return Radius - 6 feet. Minimum Distances between the end of a driveway at the intersection of a Right-0TWay line and the Property-ine shal'be ten feet. Section 9. Eden Prairie City Code, Section 11.03 entitled "Establishment of Districts, Special Requirements and Performance Standards" is hereby amended changing Subdivision 3, Subparagraph K, to read as follows: (Refer to page 300 of current City Code). Subd. 3 Special Requirements DELETE K. Designs. All sites and structures within all Districts except the Rural, R1-44, R1-22, R -13.5, R1-9.5 and RM 6.5 shall be developed in accordance with plans and specifications prepared by a registered professional landscape or building architect respectively. Exterior building finishes in these districts shall consist of materials comparable in grade and quality to the following: (1) face brick; (2) natural stone; (3) specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; and, (4) factory fabricated and finished metal framed panel construction, if the panel materials be any of those named above, glass, prefinished metal (other than unpainted galvanized iron), or plastic. Wood trim shall not constitutq more than 25% of the building's exterior.] Subd. 3 Special Requirements. NEIJ K. Architectural Standards. All structures within all districts eecept Rural, R�-44 1 �_g,;-and RM-��ha11 be Tevelooed in ( accordance with the following design standards: _ — — Page 7 (1} Architectural Plans shall be re ared a registered architect and include: 1T elevatio— ns of all sees of the bull in of exterior but'T- materia s; 3 �) type and color Ta t ical floor plan and imensions o'f`a)T structures; 4 ocation of trash containers, heatin air con it ion in ar3 ventilation s stems Y=—'ST ro osea- screening of tras containers, eating, air con i_—d tinnier and ventilation systems. (2) In districts N-Com, C-Com, -Re C-Re Ser, C-Hwy, 0fc and Pub, sevent -five ercent, ( of the exterior bu��l ink finish shall consist of materials co ara le in grade anT� ualit to the col of wing; jJ ace brick T natura stone,— ass.— (3) In districts I_2, II=5, and I-Gen, _seventy-five percent (75%), of the exterior bufidinq finish shall consist of material co arab a in ra e awn —duality to the following—jam face brick; )natural stone; lass s ecia���esi new recast concrete ueits if the surfaces have been -integrall treate with an a lie ecorative ma terra or texture and smooth concrete oc 1 scot at east twice. — — In all districts except Rural, R1-44 R1-22, R1-13.5, R1-9.5, and RM-6.5, wood, stucco, vinyl,metal, plastic or a con iinat n of all tEiese maoerials, shall not comprise more tfan twenty-five percent, bu—Tdings exterior TI sh.— of a Section 10. Eden Prairie City Code, Section 11.10 entitled "Rural District" is hereby amended by changing Subdivision 2 to include new Paragraph F to read as follows: (Refer to page 304 of current City Code). CDELETE Subd. 2 Permitted Uses A. Agriculture, accessory and related uses. B. Public facilities and Services. C. Single family detached dwellings and accessory structures without platting on parcels of not less than 10 acres. without platting Don parcels ofamil five or moreeacres, but9lessnd than Cetenryacresstr�,casrof July 6, 1982. E. Commercial stables NEW Subd. 2 Permitted Uses A. Agriculture, accessory and related uses. B. Public facilities and Services. C. Single family detached dwellings and accessory structures without platting on parcels of not less than 10 acres. str mily without platting Don parcels ofafive oremoreeacres, butdwell9lessnd than Cetenryacres,c astures July 6, 1982. E. Commercial stables. F. Golf Courses. Paae 8 Section 11. Eden Prairie City Code Section 11.20 entitled "Office District" is hereby amended by changing Subdivision 2, Paragraph B to read as follows: (Refer to page 307 of current City Code). CDELETE Subd. 2 Permitted Uses. A. Business and professional offices and accessory uses. B. Supporting commecial sales and services to office users within large office structures only. C. Public facilities and services " NEW Subd. 2 Permitted Uses. A. Business and professional offices and accessory uses. B. SuS t* commercial sales and services to office users within large office structures of 100 0� rquarree feet or more. The �ormne�al use is not To exce�Tfteen, ), of the rgross�oor Area Ratio. C. ubl icaciTities and services. Section 12. Eden Prairie City Code Section 11.25 entitled "Commercial Districts" is hereTy amended by changing Subdivision 1, Paragraph A, Subparagraph 2 and Paragraph B, Subparagraph 2 to read as follows: (Refer, to page 308 of current City Code). DELETE Subd. 1 Purposes. A. Special purposes of N-COM Neighborhood Commercial District. 1. To provide appropriately located areas for retail stores, office and personal service establishments partronized by residents of the immediate neighborhood area. 2. To permit development of neighborhood shops and related residential uses of the size and in the appropriate locations shown on the Guide Plan, according to standards that minimize adverse impact on adjoining residential uses. B. Special purposes of C-COM Community Commercial District. 1. To provide appropriately located areas for retail stores, offices, and personal service establishments patronized primarily by residents of the immediate community area. 2. To permit development of community shopping centers and related residential uses of the size and in the appropriate locations shown on the Guide Plan, according to standards that minimize adverse impact on adjoining residential uses NEW Subd. 1 Purposes. A. Special purposes of N-COM Neighborhood Commercial District. 1. To provide appropriately located areas for retail stores, office and personal service establishments partronized by residents of the immediate neighborhood area. Page 9 2. To permit development of neighborhood shops and related office uses, which can Seaccomoarated in less than 50,000 square feet of retail area, and are in the appropriate ocations shown on the Guide Plan, according to standards that minimize adverse impact on adjoining residential uses. B. Special purposes of C-COM Community Commercial District. 1. To provide appropriately located areas for retail stores, offices, and personal service establishments patronized primarily by residents of the immediate community area. 2. To permit development of colnn� unit, shopping centers and related office uses, which can be accona ated in less than 200,000 square feet of retail area. ana are in the approPriat_e locations shown on the G ide Plan, according to stan aards that minimize a verd -se im act on a ,oinin residentia' 1 use. Section 13. Eden Prairie City Code Section 11.30 entitled "Industria Di sstricts" is hereby amended by changing Subdivision 2, Paragraph D to read as follows: (Refer to page 310 of current City Code). DELETE Subd. 2. Permitted Uses A. Manufacturing, warehousing, wholesale, distribution, process- ing, packaging, assembling, compounding, and accessory. uses, conducted within structures except in I-GEN where uses maay include properly screened outside storage. B. Office uses. C. Public facilities and services. D. Supporting minor commercial uses as contained within office/industrial buildings providing a supplemental function to the major office and/or industrial use. E. Gymnasium3 NEW Subd. 2. Permitted Uses A. Manufacturing, warehousing, wholesale, distribution, processing, packaging, assembling, compounding, and accessory uses, conducted within structures except in I-GEN where uses maay include properly screened outside storage. B. Office uses. C. Public facilities and services. D. Supporting minor commercial uses as contained within office/industrial buii ngss,, orovidinq a supplemental function to the major office and/or in ustria use. TFe commercial use is not to exceed—f5%of the Gross 71oor Area of the buil in it occupies. E. Gymnasium. Section 14. Eden Prairie City Code, Section 11.55 entitled "Mining Operation- L—an-d Alteration Regulations" is hereby amended by changing Suddivision 5, Paragraph A to include new Subparagraph 5 and by changing Sudivision 5, Paragraph C to include new Subparagraph 5 to read as follows: DELETE Subd. 5. Application for Land Alteration Permit. A. Form of Application. Application for a permit shall be made in writing to the Council. The application shall set forth the location and plan for land alterations. The application shall also include: rO�, i Page 10 1. The name and address of the person applying for the permit. 2. The name and address of the owner of land subject to the land alteration. 3. The estimated period of time within which the land alteration will be conducted. 4. A topographic map of the proposed area of the land alteration to a scale of one inch equals 100 feet and to a 2 foot contour interval. The map shall show: (a) The area as it presently exists and a minimum of 100 feet of adjacent land on all sides of said area. (b) The propsed contours of the land when the land alteration is completed. (c) A regrading, drainage, and planting plan, if appropriate for the land subject to the land alteration NEW Subd. 5. Application for Land Alteration Permit. A. Form of Application. Application for a permit shall be made in writing to the Council. The application shall set forth the location and plan for land alterations. The application shall also include: 1. The name and address of the person applying for the permit. 2. The name and address of the owner of land subject to the land alteration. 3. The estimated period of time within which the land alteration will be conducted. 4. A topographic map of the proposed area of the land alteration to a scale of one inch equals 100 feet and to a 2 foot contour interval. The map shall show: (a) The area as it presently exists and a minimum of 100 feet of adjacent land on all sides of said area. (b) The propsed contours of the land when the land alteration is completed. (c) A regrading, drainage, and planting plan, if appropriate for the land subject to the land alteration. 5. The use to which the property shall be put after the land alteration is completed DELETE Subd. 5. Application for land Alterations Permit. C. Council Action on a Land Alteration Permit Application. Within a reasonable time after receipt of an application that conforms with the requirements of this Subsivision and payment of the application fee, the Council shall approve or deny issuacne of a permit. The council may approve the permit subject to conditions stated on the face of the permit, and in all cases, the time period within which the land alterations are to be completed shall be stated on the face of the permit. Approval, denial, or approval subject to conditions of a permit shall be based upon the following factors: 1. Whether, and the extent to which the land alterations may create any saftey risks to surrounding persons or property or exacerbate any existing risk. 2. Whether, and the extent to which, the land alterations may cause any harm to the environment including, but not limited to noise, dust, erosion, undue destruction of vegetation, and accumulation of waste materials and pollutants. Page 11 3. Whether adequate plans have been made for restoring the site of the land alterations once the alterations have been completed. 4. Whether there is a substantial likelihood that the applicant will be able to comply with the rules and regulations of Subdivision 7 of this Section NEW Subd. 5. Application for land Alterations Permit. C. Council Action on a Land Alteration Permit Application. Within a reasonable time after receipt of an application that conforms with the requirements of this Subsivision and payment of the application fee, the Council shall approve or deny issuacne of a permit. The Council may approve the permit subject to conditions stated on the face of the permit, and in all cases, the time period within which the land alterations are to be completed shall be stated on the face of the permit. Approval, denial, or approval subject to conditions of a permit shall be based upon the following factors: 1. Whether, and the extent to which the land alterations may create any saftey risks to surrounding persons or property or exacerbate any existing risk. 2. Whether, and the extent to which, the land alterations may cause any harm to the environment including, but not limited to noise, dust, erosion, undue destruction of vegetation, and accumulation of waste materials and pollutants. 3. Whether adequate plans have been made for restoring the site of the land alterations once the alterations have been completed. 4. Whether there is a substantial likelihood that the applicant will be able to comply with the rules and regulations of Subdivision 7 of this Section. 5. Whether the property proposed for the Land Alteration is zoned for the use to which the prooerty shall put after the a—W—Alteration is completed. _ — Section 15. Eden Prairie City Code, Section 11.65 entitled "Horne Occupations" is hereby amended by changing Subdivision 1, Subparagraph C and D to read as follows: (Refer to page 362 of current City Code). [DELETE Subd. 1. Required Conditions. It is unlawful to conduct a hone occupation except in the R, R1-1 and RM Districts, and it is also unlawful to conduct a home occupation except in compliance with the following regulations: - A. A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling. B. A home occupation shall not be conducted in an accessory structure and there shall be no stroage of equipment or supplies in an accessory structure or outside the dwelling. C. There shall be no external alteration of the dwelling in which a home occupation is conducted, and the existence of a home occupation shall not he apparent beyond the boundaries of the site, except for a name plate. D. This occupation shall be carried on or conducted only by members of a family residing in the dwelling and no more than one non-resident of the dwelling. There shall be no external signs indicating the secondary use. E. No motor shall exceed one horse power. F. A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site. G. No smoke, odor, liquid, or solid waste shall be emitted. H. Not more than one truck of not more than 3/4 ton capacity and no semi-trailers incidental to the home occupation shall be kept on the site. .1L Page 12 I. A home occupation shall not create pedestrian, automoblie, or truck traffic significantly in excess of the normal amount in the district.] NEI4 Subd. 1. Required Conditions. It is unlawful to conduct a home occupation except in the R, R1-i and RM Districts, and it is also unlawful to conduct a home occupation except in compliance with the following regulations: A. A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling. B. A home occupation shall not be conducted in an accessory structure and there shall be no stroage of equipment or Supplies in an accessory structure or outside the dwelling. C. There shall be no external alteration of the dwelling in which a home occupation is conducted; a7 the existancei of a home sWall not Ee— Vparenf beyond t e ou awes of the site, except fora name not -to exceed? s uare foot. — D. This occupation shall be carried on or conducted only b members of a family residing in the—dw Te lngi and no more than one non-resident of hie dwelling. —E. No motor shall exceed one horse power. F. A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site. G. No smoke, odor, liquid, or solid waste shall be emitted. H. Not more than one truck of not more than 3/4 ton capacity and no semi-trailers incidental to the home occupation shall be kept on the site. I. A home occupation shall not create pedestrian, automoblie, or truck traffic significantly in excess of the normal amount in the district. Section 16. Eden Prairie City Code Section 11.70, Subdivision 2 is men renumbering further a by paragraphs 22 through 35 inclusive, as paragraphs 23 throgh 36. (Refer to page 369 of current City Code). Section 17. Eden Prairie City Code Section 11.70, entitled "Sign Permits", is hereby amended by changing Subdivision 2 to include new Paragraph 22, to read as follows: (Refer to page 369 of the current City Code). NEW 22. "Sign Rase" - The "SiE Base" of a ssiignn_ shall be any supportive structure below or surroundin the' sign area—wTii6 has location on the ground.—fine sign tease sf all not excee one half-the maximum sign s zi a ermittedin the zonin'—district. — — — Section 18. Eden Prairie City Code Section 11.70, entitled "General Provisions Applicable to All Districts" is hereby amended by changing Subdivision 3, to include new Paragraph CC, to read as follows: ( Refer to page 373 of current City Code). Subd. 3. General Provisions Applicable to All Districts. A. Prohibitions NPA CC. A development must be 5 or more acres to support an Area Identification Sign• — _ — ( i Page 13 Section 19. Eden Prairie City Code Section 11.70 entitled "General Provisions A�pp ica3le to All Districts" is hereby changing Subdivision 3 to include new Paragraph DD, to read as follows: (Refer to page 373 of current City Code). Subd. 3. General Provisions Applicable to All Districts A. Prohibitions N94 DD. The sign base shall not exceed one half the maximum sign size permitted in t� nin zog� ct tri . '— —'- -— o Section 20. Eden Prairie City Code Section 11.70 entitled "Sign Permits" is hereby men3edb y changing Subdivision 4, Paragraph A, Subparagraph 7 and 8 to read as Subparagraph 8 and 9, and by including new Subparagraph 7 to read as follows: (Refer to page 373 of current City Code). [DELETE Subd. 4. District Regulations. A. Single Family, R-1, and 14ultiple Residential Districts. 1. Identification Signs: One identification sign or symbol per building not greater than six square feet in area, provided such sign is attached flat against a wall of a building. 2. Area Identification Signs: One area identification sign per development, per street entrance, providing such sign does not exceed 24 square feet in area, and further provided, such sign is placed no closer than ten feet to any street right-of-way line. 3. Institutional Signs: One sign per street frontage identifying an institution or an institutional complex shall be permitted within a multiple residential district. Such sign shall not exceed 24 square feet in area nor shall it be placed closer than ten feet of any street right-of-way. 4. Accessory Use signs: Signs identifying uses accessory to a multiple residential development shall not be visible from the outside of the building. 5. Temporary Signs: shall be permitted only as permitted in sudivision 3. 6. Maximum Height of Free-Standing Signs: Six feet. 7. Directional Signs: (Refer to Subdivision 3). 8. Review Process: The sigange program will be reviewed and approved by the City Manager, or his designee NEM Subd. 4. District Regulations. A. Single Family, R-1, and Multiple Residential Districts. 1. Identification Signs: One identification sign or symbol per building not greater than six square feet in area, provided such sign is attached flat against a wall of a building. 2. Area Identification Signs: One area identification sign per development, per street entrance, providing such sign does not exceed 24 square feet in area, and further provided, such sign is placed no closer than ten feet to any street right-of-way line. rage 14 3. Institutional Signs: One sign per street frontage identifying an institution or an institutional complex shall be permitted within a multiple residential district. Such sign shall not exceed 24 square feet in area nor shall it be placed closer than ten feet of any street right-of-way. 4. Accessory Use signs: Signs identifying uses accessory to a multiple residential development shall not be visible from the outside of the building. 5. Temporary Signs: shall be permitted only as permitted in sudivision 3. 6. Maximum Height of Free-Standing Signs: Six feet. 7. Sinn Base: (Refer to Subdivision 3i Sub aragr h DO). $. Directional signs Refer to S division ` Review Process: The signage program wii7be reviewed and approved the City Man er or iesignee. Section 21. Eden Prairie City Code Section 11.70 entitled "Sign Permits" is hereb_y__amen—dW7y changing Subdivision 4, Paragraph B to read as follows: [DELETE Subdivision 4. District Regulations B. Commercial Districts: 1. Wall Signs: The total area of all wall signs on any wall of a building shall not exceed 15% of the wall area of that wall when said wall area does not exceed 500 square feet. When said surface area exceeds 500 square feet, then the total area of such wall sign shall not exceed 75 square feet plus 5% of the wail area in excess of 500 square feet, provided that the maximum sign area for any wall sign shall be 300 square feet. Wali area shall be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. 2. Free-standing Signs: Only one free-standing access- ory sign for each building site shall be permitted, the total area of which shall not exceed BO square feet. The maximum height of free-standing signs shall be 20 feet. 3. Area Identification Signs: One Sign per street frontage is allowed, provided the total area of any sign shall not exceed 80 square feet and a maximum height of 20 feet. 4. Temporary Signs: (Refer to Subdivision 3). Subpargraph). 5. Directional Signs: (Refer to Subdivision 3, 6. Exceotions: Structures with 80% or more occuapancy of offices and medical and dental clinics in a commercial district shall comply with Subparagraph C of this Subdivision. 7• Review Process: The signage program will be reviewed and approved by the City Manager, or his designee.] Subdivision 4. District Regulations t J� Page 15 NEW B. Commercial Districts: N-COM, C-COM, C-REG-SER, C-MY 1. Wall Signs: The total area of all wall signs on any wall of a building shall not exceed 15% of the wall area of that wall when said wall area does not exceed 500 square feet. When said surface area exceeds 500 square feet, then the total area of such wall sign shall not exceed 75 square feet plus 5% of the wall area in excess of 500 square feet, provided that the maximum sign area for any wall sign shall be 300 square feet. Wall area shall be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. 2. Free-standing Si ns: One free-standing Sinn per street frontage is permitted. The total area of afree-standing s�iQ_n for a building site having one street rontage shall not exceehc g0 ss uare feet. ire a ub itding site has two or more street fronta es,only one free-standing ign of the above size shall-be permitted. Each permitted free-sue tancn nq sign in excess of one, sha have I si n area not to exceed square eet. The maximum he'i hit of free-stun i cng signs shall 6e 2�feet. No sign shallTie placed closer than70 feet to any street ri ht-of-wa. "Where parking occurs within one-halt tFe re uired-7ront ,� st—ea-ET no s gn shall h a /-lace c oser than 13 feet to �street ri ht: -wa Temporary product sale, stamp and—ame si ns may occupy the remain er o t e area not ut—Ti ized` for the ermanent sign,_ rovided the total area of aT�permanent and too�ary signs smell not exceed80sgaure eet for one sign and70 s uare feet ofr each sign in excess of one. 3. Area Identification Signs: One Sign per street frontage is allowed, provided the total area of any sign shall not exceed 80 square feet and a maximum height of 20 feet. (Refer to Subdivision 3, Paragraph CC). 4. Pump Signs: Let�terinn or s mbols which are an integral part of the design of a asoline pump a o mount the ump body, shall be permitted Subpargraph N). 5. Directional Signs: (Refer to Subdivision 3, 6. Temporary Signs- (Refer to Subdivision 3). 7. Restroom Si ns: -Sign-s indicatingthe location of restrooms and containing rro advertising information shall e_ permitted- — 8. Exceptions: Structures with 80% or more occupancy by offices and medical an3 dental clinics in a connercial district shall caFm1 with Paragraph E of this Subdivision. — 9. Sign Base: (Refer to Subdivision 3, Subparagraph 10. Review Process: In addition to specific require- ments set forth for each district the entire sign Program must Fe'reviewed and approcea bZ t'E:e7City Manager' or his nesignee. Section 22. Eden Prairie City code Section 11.70 entitled "Sign Permits" is hereby amendeec by deleting Paragraph D of Subdivision 4. Subdivision 4. District Regulations Page 16 CDELETE D. N-COM, C-COM, C-REG-SER, C-HWY Districts. 1. Wall Signs: The total area of all wall signs affixed to a building wall shall not exceed 15% of the total area of that wall. 2. Free-standing Signs: One free-standing sign per principal building per street frontage is permitted. The total area of a free- standing sign for a building site having one street frontage shall not exceed 80 square feet. Where a building site has two or more street frontages, only one free- standing sign of the above size shall be permitted. Eagh permitted free-standing sign in excess of one, shall have a sign area not to exceed 36 square feet. The maximum height of free-standing signs shall be 20 feet. Temporary product sale, stamp and game signs may occupy the remainder of that area not utilized for the permanent brand sign, providing the total area of all permanent and temporary signs shall not exceed 80 square feet for one sign and 50 square feet for each sign in excess of one. 3. Pump Signs: Lettering or symbols which are an integral part of the design of a gasoline pump and not mounted above the pump body, shall be permitted. 4. Directional Signs: (Refer to Subdivision 3). 5. Temporary Signs: (Refer to Subdivision 3). 6. Review Process: In addition to specific require- ments set forth for each district the entire sign program must be reviewed and approved by the City Manager, or his designee. 7. Restroom Signs: Signs indicating the location of restrooms and containing no advertising information shall be permitted Section 23. Eden Prairie City Code Section 11.70 entitled "Sign Permits" is hereby amended by changing Subdivsion 4, Paragragh E, to read as follows: (Refer to page 376 of current City Code). DELETE Subd. 4. District Regulations. E. OFC District. 1. Identification signs: One free standing sign per building not to exceed 50 sgaure feet in area. Where such sign is located on a corner lot, one sign may be located on each street frontage provided the first does not exceed 50 square feet and the other permitted signs do not exceed 36 square feet. No sign shall be placed closer than then ten feet to any street right-of-way line. 2. Accessory Use Signs: One identification wall sign per accessory use attached to the facing of the building at the ground floor level is permitted. The area of such sign shall not exceed 15% of the ground floor wall facing of the accessory use. 3. Area Identification Signs: One sign per development, not to exceed 5D square feet in area. 4. Maximum Height of Free-standing Signs: fight feet. Page 17 5. Temporary Signs: (Refer to Subdivision 3). 6. Directional Signs: (Refer to Subdivision 3, Subpara- graph N). 7. Review Process: The signage program will be reviewed and approved by the City Manager or his designee NEW Subd. 4. District Regulations. E. OFC District. 1. Identification signs: One free standing sign per building not to exceed 50 sgaure feet in area. Where such sign is located on a corner lot, one sign may be located on each street frontage provided the first does not exceed 50 square feet and the other permitted signs do not exceed 36 square feet. No sign shall be placed closer than then ten feet to any street right-of-way line. 2. Wall Signs: One identifOneication sig�n Per wall per street frontage not exceed 50 square feet is permitte i entification wall sign per accessory use attache to the facing of the bbuui_ld�iTat the -ground- floor level is ermitte�. T-Tie area of tt ee acc� si n shall not exceed-15t of the round loor wallacing o1 the accessory use an is sham-noease exceeU70 s uare feet. 3. Area Identification Signs: One sign per development, not to exceed 50 square feet in area. 4. Maximum Height of Free-standing Signs: Eight feet. 5. Temporary Signs: (Refer to Subdivision 3). 6. Directional Signs: (Refer to Subdivision 3, Subpara- graph N). 7. Sign Rase: (Refer to Subdivision 3, Subparagraph 00). Review Process: In audition to the specific re u�irem_en�ts set forth for eac istrict the entire sign program —must--Fe reviewed a and pproved t> at Manager, or his designee. Section 24. Eden Prairie City Code Section 11.70 entitled "Sign Permits" is amended by changing Subdivision 4, Paragraph F. by renumbering Subparagraphs 6 and 8 to Subparagraphs 7 and 9, and by including new Subparagraph 6, to read as follows: (Refer to page 377 of current City Code). DELETE Subd. 4. District Regulations. F. Industrial Districts. 1. identification Signs: One identification sign per i- - building, not to exceed 80 square feet in area. One additional wall identification sign for each tenant having a private exterior entry to a multi-tenant building; such sign being displayed at or near the tenent's entrance, and not to exceed 10% of the wall area that tenant occupies of the wall sign to which it is affixed, or a maximum of 50 square feet. No sign shall be placed closer than 10 feet to any street right-of-away line. 2. Area Idnetification Signs: One sign per development not to exceed 80 square feet in area. a. Page 18 3. Temporary Signs: (Refer to Subdivision 3). 4. Maximum Height of Free-standing Signs: Eight Feet 5. Directional Signs: (Refer to Subdivision 3, Subpara- graqph N). 6. All wall signs shall be uniform in design. 7. Address signs may be placed on rear doors with 3 inch high numerals. 8. Review Process: The signange program will be reviewed and approved by the City Manager, or his designee.] NEW Subd. 4. District Regulations. F. Industrial Districts. 1. Identification Signs: One identification sign per building, not to exceed 80 square feet in area. One additional wall identification sign for each tenant having a private exterior entry to a multi-tenant building; such sign being displayed at or near the tenentIs entrance, and not to exceed 10% of the wall area that tenant occupies of the wall sign to which it is affixed, or a maximum of 50 square feet. No sign shall be placed closer than 10 feet to any street right-of-way line. 2. Area Idnetification Signs: One sign per development not to exceed 80 square feet in area. 3. Temporary Signs: (Refer to Subdivision 3). 4. Maximum Height of Free-standing Signs: Eight Feet 5. Directional Signs: (Refer to Subdivision 3, Subpara- gragph N). 6. Sign Base: (Refer to Subdivision 3 Subparagraph CC). ( 77 All wall is!-ins shall be uniform insdesign. b Address sic ns m� be lacZ on rear oor with 3 inch high numerals. 9. Review Process: In addition to specific requirements set forth for each district the entire sin ro ram must 6e reviewer and approved the f Manager, or his designee. Section 25. Eden Prairie City Code Section 11.70 entitled "Sign Permits" is hereby amended by changing Sudivision 4, Paragraph I, to include new Subparagraph 6, to read as follows: (Refer to page 378-1 of current City Code). DELETE Subd. 4. District Regulations. I. Public District. 1. Wall Signs: One sign per building not to exceed 24 square feet in area. Where a building is located on a corner lot, one sign may be located on each wall facing a street provided one does not exceed 24 square feet and the other does not exceed 18 square feet. All wall signs shall be uniform in design. Religious symbols shall not be considered part of the wall sign area. 2. Free-standing Signs: (a) one free-standing sign for each building, lot parcel, or tract of land may be erected on the lot, parcel, or tract of land it applies or on which any such building is situated. The maximum height of a free- standing sign shall be 8 feet and its total area shall not exceed 80 square feet. Religious symbols shall not be considered part of the free-standing sign area. i�VJ Page 19 Where a building has two or more street frontages, only one free-standing sign of the above size shall be permitted and one additional free-standing sign shall be permitted not to exceed 35 square feet in size. (b) Off-site Directional Signs: Two additional church, school, or publicly owned land or building directional signs shall be permitted in locations other than the lot, parcel, or tract of land which it applies. Said signs shall be erected on non-public land, or if the sign is one owned by a public body such directional sign may be erected upon publicly owned property provided (1) The maximum size of the sign shall not exceed 3 square feet. (2) The owner's permission must be obtained. (3) The sign shall be a minimum height of 4 feet, maximum height 6 feet. (4) Signs shall be uniform in design. 3. The signage program will be reviewed by the Director of Planning. 4. Temporary special event signs shall be permitted for a period not to exceed ten days. Such signs shall be no higher than 8 feet and not larger than 32 sgaure feet. 5. Directional signs to churches, schools, or publicly owned land or buildings in existence on the effective date of this Section or amendments thereto, which do not conform to these regulations, shall be allowed to continue in use as provided in Section 11.75 3 NEW Subd. 4. District Regulations. I. Public District. 1. Wall Signs: One sign per building not to exceed 24 square feet in area. Where a building is located on a corner lot, one sign may be located on each wall facing a street provided one does not exceed 24 square feet and the other does not exceed 18 square feet. All wall signs shall be uniform in design. Religious symbols shall not be considered part of the wall sign area. 2. Free-standing Signs: (a) One free-standing sign for each building, lot parcel, or tract of land may be erected on the lot, parcel, or tract of land it applies or on which any such building is situated. The maximum height of a free- standing sign shall be 8 feet and its total area shall not exceed 80 square feet. Religious symbols shall not be considered part of the free-standing sign area. Where a building has two or more street frontages, only one free-standing sign of the above size shall be permitted and one additional free-standing sign shall be permitted not to exceed 35 square feet in size. (b) Off-site Directional Signs: Two additional church, school, or publicly owned land or building directional signs shall be permitted in locations other than the lot, parcel, or tract of land which it applies. Said signs shall be erected on non-public land, or if the sign is one owned by a public body such directional sign may be erected upon publicly owned property provided (1) The maximum size of the sign shall not exceed 3 square feet. (2) The owner's permission must be obtained. (3) The sign shall be a minimum height of 4 feet, maximum height 6 feet. (4) Signs shall be uniform in design. 3. The signage program will be reviewed by the Director of Planning. Page 20 4. Temporary special event signs shall be permitted for a period not to exceed ten days. Such signs shall be no higher than 8 feet and not larger than 32 sgaure feet. \ 5. Directional signs to churches, schoo;is, or pubiicly owned land or buildings in existence on the effective date of this Section or amendments thereto, which do not conform to these regulations, shali be allowed to continue in use as provided in Section 11.75. 6. Sign Base: LLefer to Subdivision 3 Subparagraph `CC)_ Section 26. Eden Prairie City Code Section 11.70 entitled "Sign Permits" s ere y amended by reiettering Subdivision 4, Paragraphs E through J as Paragraphs D through I. Section 27. The City Zoning Map dated January 1987 and entitled "Zoning' Map of t e City of Eden Prairie" is hereby adopted. Section 28. Eden Prairie City Code Chapter 11 is hereby readopted in its entirety as amended herein. Section 29. City Code Chapter 1 entitled "General :Provisions and. Definitions App rr—cab le to the Entire City code Including Penalty,for Violation"..and Section 11.99 entitled "Violation a Misdemenor" 'are hereby -adopted in, their entirety, by reference, as though repeated verbatim herein. Section 30. This ordinance shall become effective form and after passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 1987, and finally read and adopted and ordered pub 7shed at a regular meeting of the City Coucil of said City on the day of 1987. ATTEST: City Clerk ayor PUBLISHED in the Eden Prairie New on the day of 1987. ' i j ,I MEMORANDUM TO: City Council FROM: Michael D. Franzen, Senior Planner THRTUGH- Chris Enger, Director of Planning- DATE: March 13, 1987 SUBJECT: Williams Mini-Storage Williams Mini-Storage is requesting a Rezoning of approximately,0.21 acres of land fromRural to I-2 Park. When the City Council approved the:Rezoning from Rural to I-2 Park, a site plan was approved for the pro3ect which included more land than was described by legal description on the' preliminary plat for the property. As a result, a strip of Land which is shown son the.,attached preliminary plat was not zoned and would require an. I-2'Park zoning in.order for the developer to proceed with the construction of Phase II Since the attached site plan has been previously reviewed and approved by both the Planning Commission and City Council, the request for rezoning is really a - "housekeeping item" which would match the legal description of the property with the boundaries of the property on the approved ,site plan.` The -Staff . would recommend approval of the request for; Rezoning from Rural to I4 Park_ and require that the developer include the additional acreage in the final plat of the property. I ` 4 MEMORANDUM TO: Mayor and City Council FROM: David Lindahl, Assistant Planner R UGH: Chris Enger, Director of Planning DATE: March 13, 1987 RE: YEAR XIII (1987-88) PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (COBG) PROGRAM Eden Prairie, in joint cooperation with Hennepin County and approximately forty- eight (48) other surrounding communities, is eligible to apply for Federal Community Development Block Grant funds under the Urban County CDBG program. The overall objective of the CDBG program is to provide housing and service opportunities for low and moderate income families, elderly, and handicapped individuals. In past years, Eden Prairie has utilized CDBG funds for site acquisition for the Edendale Retirement Residence, and the approved Prairie Village Apartments, which will provide 56 units at reduced rents for the elderly; Housing Rehabilitation Program; Home and Outside Maintenance for the Elderly (H.O.M.E.) Program; Greater Minneapolis Daycare Association; improvements to the Senior Center; restoration to the Cummins-Grill House; and park improvements. Hennepin County has released a statement of local program objectives which are in accordance with Federal CDBG objectives. Unlike .previous years, Hennepin County is requesting as part of this year's objectives, that no more than three activities be undertaken by any participating community with Year XIII funding and each activity should be budgeted with at least $7,500. The Planning Department has used these objectives in developing this year's CDBG proposed activities list. The City is proposing to fund the following activities with Year XIII CDBG funds, starting July 1, 19B7: NAME OF ACTIVITY PROPOSED ALLOCATIONS (1) Public Service Activities: a. Home and Outside Maintenance for the Elderly (H.O.M.E.) - S 2,858.00 b. Greater Minneapolis Day Care Association (G.M.D.C.A.) - $10,000.DD (2) Housing Rehabilitation Program - $10,000.00 (3) Scattered Site Housing Assistance - $41,741.00 TOTAL ALLOCATION 564,599.00 �J� PROPOSED CDBG ACTIVITIES (YEAR XIII 1987) ACTIVITY/BUDGET/PROGRAM DESCRIPTION *HOUSEHOLD AND OUTSIDE MAINTENANCE FOR ELDERLY (H.O.M.E.) This program provides household and light outside maintenance to seniors 60 and over. Services include heavy house cleaning, laundry, snow removal, small appliance repair, installation of storm and screen windows, grocery shopping, and light carpentry work. Since 1983, Eden Prairie has contributed, via CDBG funds, $11,058, of which $9,732 has been expended serving 21 households. The remaining $1,326 is expected to be spent within the next 11 months. The proposed $2,858 will facilitate the program through 1988. Staff feels this is an appropriate allocation. *GREATER MINNEAPOLIS DAY CARE ASSOCIATION This program provides subsidized day care for low-income families. Funding Year XI (1985-86) was the first year in which Eden Prairie contributed through the CDBG program. Since then, $15,002 has been contributed to the program. The program has subsidized nine families, six of which are single-parent households. Staff feels $10,000 is an appropriate allocation for the next program year. *HOUSING REHABILITATION GRANT PROGRAM This program provides funds through a grant for housing improvements to income eligible households. The City served two households with $5,851 in grant funds in 1986. Staff feels $10,000 is an appropriate allocation for the next program year. *SCATTERED SITE HOUSING ASSISTANCE PROGRAM This program will provide assistance to low-moderate income families in purchasing homes in Eden Prairie. The City will use CDBG funds to subsidize lot costs of homes being purchased by qualified families, therefore enabling them to purchase a home which they might not otherwise have been able to afford. The City will place a second mortgage on the property for the lot subsidy, which will be recovered in full when the home is sold. ,- i The Scattered Site Program, by creating opportunities for low-moderate income families to purchase homes of their own, promotes ownership, increases the supply of affordable, habitable dwellings in Eden Prairie, and recovers CDBG funds originally committed to the project. Allocating the remaining balance of $41,741 to the Scattered Site Program will assist up to three families in purchasing homes in Eden Prairie through 1987. *Program has been previously funded A recommendation to fund specific activities is required from the City Council prior to submitting a proposal for the funds to Hennepin County. IOIJ MARCH 17,1987 7 VOID OUT CHECK 5.00- a2 VOID OUT CHECK 260.00- 33095 VOID OUT CHECK 132.00- 33160 VOID OUT CHECK 211.35- 33213 VOID OUT CHECK 560.72- 33269 VOID OUT CHECK 21260.25- 33270 GOVERNMENT TRAINING SERVICE CONFERENCE-CITY COUNCIL 42.00 33271 GOVERNMENT TRAINING SERVICE CONFERENCE-CITY COUNCIL. 42.00 272 NORTHWESTERN BELL TELEPHONE CO SERVICE 109.85 33273 AT 6 T INFORMATION SYSTEMS SERVICE 831.75 33274 AT 6 T INFORMATION SYSTEMS SERVICE 13.80 33275 JASON-NORTHCO PROPERTIES MARCH 87 RENT-LIQUOR STORE 4805.78 33276 CHUCK WALLACE MOTOR VEHICLE REGISTRATION 36.75 33277 FEDERAL RESERVE BANK PAYROLL 2-6-87 40254.03 33278 COMMISSIONER OF REVENUE PAYROLL 2-6-87 10362.72 33279 GREAT WEST LIFE ASSURANCE CO PAYROLL 2-6-87 4848.00 33280 ICMA RETIREMENT CORP PAYROLL 2-6-87 685.00 33281 P E R A PAYROLL 2-6-87 108.00 33282 INTL UNION OF OPERATING ENG PAYROLL 2-6-87 693.00 33283 P E R A PAYROLL 2-6-87 20724.39 33284 NORWEST BANK HOPKINS PAYROLL 2-6-87 800.00 33285 HOPKINS POSTMASTER POSTAGE-UTILITY BILLS 476.56 33286 VOID OUT CHECK 0•00 33287 TRANSCON LINES FREIGHT CHARGES-WATER DEPT 29.28 33288 FEDERAL RESERVE BANK PAYRDLL 2-20-86 40884.63 3°"49 COMMISSIONER OF REVENUE PAYROLL 2-20-86 10596.36 1 3 GREAT WEST LIFE ASSURANCE CO PAYROLL 2-20-86 4848.00 33291 ICMA RETIREMENT CORP PAYROLL 2-20-86 685.00 33292 P E R A PAYROLL 2-20-86 21207.41 33293 NORWEST BANK HOPKINS PAYROLL 2-20-86 400.00 33294 CITY-COUNTY CREDIT UNION PAYROLL 2-20-86 1798.13 33295 SUBURBAN NATIONAL BANK PAYROLL 2-20-86 200.00 33296 MENARDS PANELING-POLICE DEPT 14.88 33297 MINNESOTA POST BOARD LICENSE-POLICE DEPT 10.00 33298 AMERICAN PLANNING ASSOC REPORTS-PLANNING DEPT 44.00 33299 DUCTILE IRON PIPE RESEARCH ASSN CONFERENCE-WATER DEPT 65.00 33300 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 122.00 33301 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 122.00 33302 MPELRA CONFERENCE-HUMAN RESOURCES 35.00 33303 VOID OUT CHECK 0.00 33304 VOID OUT CHECK 0.00 33305 MN DEPT OF HEALTH CONFERENCE-BUILDING DEPT 25.00 33306 RENEE HECKER REFUND-SKATING LESSONS 2•00 33307 LEANN HEDLUND REFUND-SKI TRIP 3.50 33308 TRACY HOYT REFUND-EXERCISE CLASS 2.00 33309 SHEILA MARCUS REFUND-SWIMMING CLASS 10.00 33310 MELISSA MOHRENWEISER REFUND-SKI TRIP 3.50 33311 MARY NYBERG REFUND-SWIMMING LESSONS 12.00 33312 ZACK PERKINS REFUND-SKI TRIP 6.50 33313 LORI SMITH REFUND-SKI TRIP 6.50 33314 MARK STAVENGER REFUND-SWIMMING LESSONS 11.00 3 i CURT SEICHEN REFUND-SKATING LESSONS I3.00 3- _6 JOHN FRANE JANUARY 87 EXPENSES 165.00 33317 TODD WASSER REFUND-FITNESS MEMBERSHIP 22.00 33318 HOPKINS PDSTMASTER POSTAGE-SENIOR NEWSLETTER 38.71 14378671 �, MARCH 17.1987 33319 NORTHERN STATES POWER CO SERVICE 16511.59 33320 GOVERNMENT TRAINING SERVICE CONFERENCE-PLANNING DEPT 42.00 `321 THE PRINTERY T-SHIRTS-POLICE DEPT 1715.00 322 CONTECH CONSTRUCTION PRODUCTS -STEEL GALVANIZED PIPE/CHANNEL BANDS- 260.00 DRAINAGE 33323 METROPOLITAN COUNCIL CONFERENCE-PLANNING DEPT 10.00 33324 NORTHERN STATES POWER CO SERVICE 4818.92 33325 MINNESOTA GAS CO SERVICE 3874.48 33326 AT & T COMMUNICATIONS SERVICE 10.32 33327 AT & T COMMUNICATIONS SERVICE 21.74 33326 EDINA HIGH SCHOOL REFUND-ICE TIME FOR HOCKEY GAME 356.26 33329 HENNEPIN COUNTY TREASURER POOL LICENSE-COMMUNITY CENTER 300.00 33330 VOID OUT CHECK 0.00 33331 VOID OUT CHECK 0.00 33332 EAGLE DIST CO LIQUOR 3609.33 33333 EAGLE WINE CO WINE 3105.31 33334 GRIGGS BEER DIST INC LIQUOR 14420.58 33335 PRIOR WINE CO WINE 3150.25 33336 ED PHILLIPS & SONS CO LIQUOR 19630.98 33337 QUALITY WINE CO WINE 9203.57 33336 TWIN CITY WINE CO LIQUOR 14821.57 33339 CAPITOL CITY DISTRIBUTING CD WINE 984.D6 33340 MARK VII SALES WINE 161.50 33341 PAUSTIS & SONS CO WINE 267.44 33342 CHUCK WALLACE TRAILER PLATES-PARK MAINTENANCE 48.25 33343 MN DEPT OF P/S MOTOR VEHICLE REGISTRATION 25.25 33344 WOMEN IN LEISURE SERVICES CONFERENCE-COMMIUNITY SERVICES 15.00 33345 BOB LANZI VOLLEYBALL OFFICIAL/FEES PD 325.00 � 346 HENN CTY-SHERIFFS DEPT RADIO REPAIRS-FIRE DEPT & POLICE DEPT 235.82 .o347 JOYCE PHELPS SKATING INSTRUCTOR/FEES PD 2P4.29 33348 METRO WASTE CONTROL COMMISSION JANUARY 87 SAC CHARGES 21260.25 33349 HOPKINS POSTMASTER POSTAGE-SPRING PROGRAM BROCHURE 1639.43 33350 SUPPLEES 7 HI ENTER INC MARCH 67 RENT-LIQUOR STORE 4304.29 33351 MN DEPT OF DOCUMENTS SECTION BOOKS-POLICE DEPT 491.40 33352 WORDSWORTH ADS-LIQUOR STORE 50.00 33353 LAUREN ABEL REFUND-FITNESS MEMBERSHIP 101.20 33354 KREIGH BOURFF REFUND-SWIMMING LESSONS 1.75 33355 TIMMY CASHIN REFUND-ICE SHOW 22.00 33356 MELANIE DECK REFUND-SWIMMING LESSONS 7.5D 33357 MATTHEW HEADLA REFUND-SWIMMING LESSONS 1.75 33356 BETH LUNDBERG REFUND-SWIMMING LESSONS 7.50 33359 KATIE LUNDBERG REFUND-SWIMMING LESSONS 14.00 33360 ROBERT MAIER REFUND-SKATING LESSONS 13.00 33361 JUSTIN METZLER REFUND-SWIMMING LESSONS 9.P5 33362 JUSTIN METZLER REFUND-SWIMMING LESSONS 11.00 33363 KRISTIN SEAL REFUND-SWIMMING LESSONS 9.P5 33364 GINGER WAAGE REFUND-SKATING LESSONS 16.00 33365 JULIE SEAL REFUND-SWIMMING LESSONS 14.00 33366 MARY SCHOENWALD REFUND-SWIMMING LESSONS 12.00 i 33367 ROSANNE RICHGRUBER REFUND-EXERCISE CLASS 15.00 33368 CANDICE MOLSKNESS REFUND-EXERCISE CLASS 15.00 a 33369 BROWN PHOTO FILM-ASSESSING DEPT 312.50 33370 MN DEPT OF NATURAL RESOURCES MAPS-PLANNING DEPT 13.50 p 6$ � 171 PRIOR WINE CO WINE 911. l -.;72 EAGLE WINE CO WINE 911.68 12B25411 � ,n I MARCH 17,1987 33373 GRIGGS BEER DIST INC LIQUOR 6109.23 374 ED PHILLIPS & SONS CO LIQUOR 4637.68 375 QUALITY WINE CO WINE 1444.33 33376 TWIN CITY WINE CO WINE 7815.04 33377 CAPITOL CITY DISTRIBUTING CO WINE 775.71 33378 MINNESOTA GAS CO SERVICE 6843.74 33379 MINN POST BOARD LICENSE-POLICE DEPT 10.00 33380 CHUCK WALLACE LICENSE PLATE FOR TRUCK-POLICE DEPT 18.25 33381 HARDRIVES SERVICE-PRESERVE BLVD. 9125.20 33382 J P NOREX INC SERVICE-BLUFFS WEST STORM SEWER 43696.32 33383 RICE LAKE CONTRACTING SERVICE-HOMEWARD HILLS RD 3610.00 33384 SHAFER CONTRACTING INC SERVICE-COUNTY RD 4 TO MITCHELL ROAD 116472.90 33385 SHAW LUNDQUIST ASSOC INC SERVICE-WATER TREATMENT PLANT EXPANSION 400302.45 33386 A & H WELDING & MFG CO SQUARE TUBING-WATER DEPT 24.36 33387 A TO Z RENTAL CENTER LOG SPLITTER RENTAL-FORESTRY DEPT 53.00 3338B ACE CHEMICAL PRODUCTS INC CLEANING SUPPLIES-PUBLIC WORKS BUILDING 167.05 33389 ACRO-MINNESOTA INC OFFICE SUPPLIES 585.13 33390 AIM ELECTRONICS INC HOCKEY SCOREBOARD REPAIRS-COMMUNITY CENTER 556.95 33391 14ASOOD ALI MILEAGE 13.00 33392 AMERICAN DISTRICT TELEGRAPH CO MAINTENANCE AGREEMENT-COMMUNITY CENTER 864.55 33393 AMERICAN PLANNING ASSN 1987 DUES-PLANNING DEPT 103.00 33394 AMERICAN SECURITY EDUCATORS -VIDEO TAPE FOR TRAINING-SEMINARS-POLICE 109.45 DEPT 33395 EARL F ANDERSEN & ASSOC INC SIGNS-STREET MAINTENANCE 60B.80 33396 ANDON INC -SUPPLIES FOR SKATING PARTY-COMMUNITY 91.50 CENTER 31397 ANSAFONE OF MINNESOTA INC -DOWN PAYMENT FOR PHONE SYSTEM-NEW CITY 2058.00 OFFICES .,:,398 ARCON CONSTRUCTION REFUND-DEPOSIT FOR PLANS & SPECS 25.00 33399 ROBERT ARNDT FEBRUARY 87 CUSTODIAL SERVICE 200.00 33400 ASPLUND COFFEE CO INC CONCESSION STAND SUPPLIES-COMMUNITY CENTER 214.85 33401 ASTLEFORD INTL INC -CABLE/NUTS/SCREWS/FUEL FILTER/FLOOR MATS/ 273.25 -WASHER FLUID/TANK/DOOR KNOB-EQUIPMENT MAINTENANCE 33402 AUTO CENTRAL SUPPLY -PRIMER/PAINT THINNER/PARTS-EQUIPMENT 136.17 33403 BATTERY & TIRE WAREHOUSE INC -SSPARKNANCE PLUGS/LAMPS/MUFFLER CLAMPS- 269.18 EQUIPMENT MAINTENANCE 33404 BIFFS INC PORTABLE RESTROOMS-PARK MAINTENANCE 268.20 33405 TIM BLOCK BASKETBALL OFFICIAL/FEES PD 94.50 33406 BMS OFFICE STORES SALES INC TYPEWRITER COVER-POLICE DEPT 30.00 33407 LOIS BOETTCHER -PARK & RECREATION COMMISSION MEETING 99.00 MINUTES FOR 3-2-87 33408 80RCHERT-INGERSOLL INC BRAKE REPAIR KIT-EQUIPMENT MAINTENANCE 61.25 33409 BOYOM EQUIPMENT INC ROLLER BELT-EQUIPMENT MAINTENANCE 384.00 33410 LANCE BRACE SCHOOL-POLICE DEPT 14.00 33411 LEE BRANDT HOCKEY OFFICIAL/FEES PO 245.50 33412 BRAUN ENG TESTING INC SERVICE-HOMEWARD HILLS ROAD 916.75 33413 MAXINE BRUECK MILEAGE 13.45 33414 BRYAN ROCK PRODUCTS INC ROCK-PARK MAINTENANCE & STREET MAINTENANCE 1462.49 33415 MIKE BURGETT BASKETBALL OFFICIAL/FEES PD 54.00 33416 BURTON EQUIPMENT INC -PORTABLE CRANE/HAND HOIST/DOCK LIGHT- 1563.46 WATER DEPT 17 CADY COMMUNICATIONS INC -DOWN PAYMENT ON TELEPHONE EQUIPMENT FOR 5949.72 NEW CITY OFFICES 61837041 a MARCH 17,1987 33418 CARLSON & CARLSON ASSOC SERVICE-EMPLOYEE ASSISTANCE PROGRAM 204.00 e3419 CARLSONS TREE SERVICE TREE REMOVAL-FORESTRY DEPT 755.00 120 CAROLINA FREIGHT CARRIERS FREIGHT CHARGES-WATER DEPT 29.30 .,j421 CENTRAL LANDSCAPING REFUND-DEPOSIT FOR PLANS & SPECS 25.OD 33422 CHANHASSEN LAWN & SPORTS CHAIN-EQUIPMENT MAINTENANCE 18.70 33423 C & N W TRANSP CO SERVICE-EDENVALE BLVD 1570.17 33424 CLUTCH & TRANSMISSION SER INC -SWITCH/ALARM/VALVES/CORES/PIN KIT/SEAL- 362.96 EQUIPMENT MAINTENANCE 33425 COLE PUBLICATIONS TRAINING SUPPLIES-PDLICE DEPT 156.DO 33426 COMMUNICATIONS CENTER MOBILE RADIO-EQUIPMENT MAINTENANCE 1036.34 33427 CONCEPT MICROFILM INC MICROFILMING-ENGINEERING DEPT 460.13 33428 JEFFREY CONRADI HOCKEY OFFICIAL/FEES PD 4D.00 33429 CONSTRUCTION MATERIALS INC REFUND-DEPOSIT FOR PLANS & SPECS 25.00 33430 CONWAY FIRE & SAFETY INC HOSE NDZZLE-FIRE DEPT 18.00 33431 BARBARA COOK MILEAGE 110.00 33432 COPY EQUIPMENT INC OFFICE SUPPLIES-PARK PLANNING 111.58 33433 CORPORATE RISK MANAGERS INC FEBRUARY 87 INSURANCE CONSULTANT 400.00 33434 CRYSTALPLEX PLASTICS INC -PLEXI GLASS SHIELD FOR ICE ARENA- 152.00 COMMUNITY CENTER 33435 CULLIGAN SERVICE 12.55 33436 CURTIS INDUSTRIES -SOCKET SET SCREWS/RINGS/DISC/CLEANING 270.85 SUPPLIES-EQUIPMENT MAINTENANCE 33437 CUSTOM AUTOBODY TRUCK REPAIRS-WATER DEPT 284.00 33438 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 1656.00 33439 D C MECHANICAL REFUND-BUILDING PERMIT 1D1.50 3344D WARD F DAHLBERG FEBRUARY 87 EXPENSES 118.50 33441 DALCO -CLEANING SUPPLIES-WATER DEPT & COMMUNITY 453.98 CENTER 42 EUGENE DIETZ FEBRUARY 87 EXPENSES 165.00 33443 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 677.00 33444 EAGLE SNACKS INC SUPPLIES-LIQUOR STORE 14.88 33445 EDEN PRAIRIE APPLIANCE REFUND-CONTRACTORS LICENSE 25.OD 33446 EDEN PRAIRIE CHAMBER OF COMMERCE -INSERTS FOR INFORMATION PACKETS/LUNCHEON- 62.OD CITY HALL 33447 EDEN PRAIRIE FIRE DEPT TRAINING CLASS-FIRE DEPT 13D.00 33448 EDEN PRAIRIE TRASHTRONICS FEBRUARY 87 TRASH DISPOSAL 371.00 33449 CITY OF EDINA FEBRUARY 87 WATER TESTS 73.50 33450 ELECTRIC-AIRE CORP -MOTOR FOR ELECTRIC HAND DRYER-COMMUNITY 154.63 CENTER 33451 EMERGENCY SERVICE SYSTEM INC STROBE LIGHT & TUBES-POLICE DEPT 8D.00 33452 ESS BROTHERS & SONS INC MANHOLE CDVERS-SEWER DEPT 76D.DO 33453 DON EVE & SONS BALES-DRAINAGE DEPT 131.25 33454 FELLOWSHIP OF FIRE CHAPLAINS DUES-FIRE DEPT 25.DO 33455 FIRE CHIEF MAGAZINE SUBSCRIPTION-FIRE DEPT 15.75 33456 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 179.95 33457 LYNDELL FREY MILEAGE 112.25 33458 G & K SERVICES TOWELS-PARK MAINTENANCE 13.45 33459 G & K SERVICES COVERALLS-WATER DEPT 254.76 33460 G & K SERVICES TOWELS-LIQUOR STORE 13.65 33461 SHARON GAGNON MILEAGE 33462 GARDNER HARDWARE CO CLASSROOM LOCK-COMMUNITY CENTER 48.75 33463 GENERAL COMMUNICATIONS INC -RADIO REPAIRS-FIRE DEPT & EQUIPMENT 231.71 MAINTENANCE ( 64 GOODYEAR TRUCK TIRE CENTERS TIRES-EQUIPMENT MAINTENANCE 322.62 ....465 GROSS OFFICE SUPPLY DESK/OFFICE SUPPLIES-POLICE DEPT 346.76 1 . 1258797 MARCH 17,1987 33466 GUNS & AMMO SUBSCRIPTION-POLICE DEPT 10.94 1467 CHRIS HAGE BROOMBALL OFFICIAL/FEES PD 54.00 468 MICHAEL HAMILTON -VOLLEYBALL/BASKETBALL/BROOMBALL OFFICIAL/ 215.00 FEES PD 33469 HANSEN THORP PELLINEN OLSON INC -SERVICE-BLUFFS WEST STORM SEWER/BLUFFS 4998.93 EAST 4TH ADDITION/SUNNYBROOK ROAD 33470 CHUCK HARDY VOLLEYBALL OFFICIAL/FEES PD 195.00 33471 HAROLD HAUSER REFUND-OVERPAYMENT ON UTILITY BILL 100.00 33472 ROGER HAWKINSON BASKETBALL OFFICIAL/FEES PD 189.00 33473 HAYES CONTRACTORS INC PUMP REPAIRS-COMMUNITY CENTER 135.00 33474 JACK HOENE HOCKEY OFFICIAL/FEES PD 245.00 33475 HENNEPIN COUNTY JANUARY 87 BOARD OF PRISONERS 928.00 33476 HENN CTY CHIEFS OF POLICE 40.00 33477 VOID OUT CHECK 0.00 33478 HENNEPIN CTY CHIEFS OF POLICE SCHOOL-POLICE DEPT 5BO.00 33479 DEPARTMENT OF PROP TAXATION -POSTAGE-JANUARY & FEBRUARY VOTER 17.36 REGISTRATION VERIFICATION 33480 HENNEPIN TECHNICAL CENTERS SCHOOL-POLICE DEPT 727.00 33481 HONEYWELL PROTECTION SECURITY SYSTEM-LIQUOR STORE 392.77 33482 IALEFI 1987 MEMBERSHIP DUES-FIRE DEPT 100.00 33483 IDEAL ELECTRIC COMPANY -INSTALL LOADING DOCK LIGHT & GARAGE 694.80 CEILING FAN-WATER DEPT . 33484 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS-WATER DEPT 17.30 33485 INGRAM EXCAVATING SERVICE-DRAINAGE 145B4.50 33486 INTL ASSOC OF CREDIT CARD 1987 MEMBERSHIP-POLICE DEPT 20.00 33487 INTL OFFICE SYSTEMS INC -MAINTENANCE AGREEMENTS/TDNER-POLICE 482.71 DEPT & CITY HALL ' 488 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-SEWER DEPT 26.72 489 F F JEDLICKI INC DOZER & BLACKHOE RENTAL-DRAINAGE 1577.50 33490 PENNY JESSEN BASKETBALL OFFICIAL/FEES PD 192.50 33491 JET PHOTO LABS -FILM PROCESSING-ASSESSING DEPT & POLICE 61.24 DEPT 33492 KAY JOHNSON EXERCISE INSTRUCTOR/FEES PD 156.00 33493 JONAH USA LTD -GRINDING WHEELS/LOBE STICKS/RUBBER CUBES- 289.52 COMMUNITY CENTER 33494 CARL JULLIE MEETING EXPENSES 118.38 33495 DAVID KING MILEAGE 76.00 33496 KINGSWAY FREIGHT CHARGES-WATER DEPT 225.43 33497 KRAEMERS HOME CENTER PIPE/ANCHORS/BOLTS-WATER DEPT & DRAINAGE 73.57 33498 MICHAEL KREBSBACH BASKETBALL OFFICIAL/FEES PD 148.50 33499 BOB LANZI T-SHIRTS-COMMUNITY CENTER 39.96 33500 LAKELAND CARPET & UPHOLSTERY CLEA CARPET CLEANER-WATER DEPT 45.00 33501 LANG PAULY & GREGERSON LTD DECEMBER 86 LEGAL SERVICE 13526.25 33502 LAW ENFORCEMENT RESOURCE CENTER TRAINING SUPPLIES-POLICE DEPT 4.00 33503 LEAGUE OF MN CITIES INS TRUST WORKERS' COMPENSATION INSURANCE 30737.25 33504 LEEF BROS INC RUG CLEANING-CITY HALL 73.20 33505 LOGIS JANUARY 87 SERVICE 9247.51 33506 LOUISVILLE LANDFILL INC LANDFILL CHARGES-PARK DEPT & STREET DEPT 31.50 33507 KEVIN MAAS BROOMBALL OFFICIAL/FEES PD 20.00 33508 MACQUEEN EQUIPMENT INC -DRIVE WHEEL SPROCKET/CONVEYOR BELT/ 951.49 SPRING-EQUIPMENT MAINTENANCE 33509 BRIAN GILL MCGRAW MILEAGE 27.00 ' 33510 MCNEILUS STEEL INC SHEET METAL-STREET DEPT 140.31 11 MERIT/JULIAN GRAPHICS PLUMBING PERMIT FORMS-BUILDING DEPT 281.55 t..4612 MERLINS HARDWARE HANK KEYS-COMMUNITY CENTER 3.60 I; 8280129 �: MARCH 17,1987 33513 METRO FONE COMM INC MARCH 87 PAGER RENTAL 10.50 1514 METRO PRINTING INC FORMS-POLICE DEPT 139.50 515 METROPOLITAN SENIOR FEDERATION MEMBERSHIP-SENIOR CENTER 35.00 3516 METRO WASTE CONTROL COMMISSION APRIL 87 SEWER SERVICE 89B00.90 33517 MIDLAND PRODUCTS CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER 239.95 33518 MIDWEST ASPHALT CORP REFUND-DEPOSIT FOR�PLANS & SPECS 25.00 33519 MIDWEST MICROFILM EQUIPMENT & SER TONER-CITY HALL 15.80 33520 MIDWEST TRACTOR INC SKIDDER RENTAL-FORESTRY DEPT 1300.00 33521 MPLS STAR & TRIBUNE CO AD-COMMUNITY SERVICES, 27.00 33522 MN ANIMAL CONTROL ASSN 1987 DUES-ANIMAL WARDEN 20.00 33523 MINNESOTA COMMUNICATIONS CORP MARCH 87 PAGER RENTAL-WATER DEPT 51.50 33524 MN DEPT OF NATURAL RESOURCES PERMIT-COMMUNITY SERVICES 10.00 33525 -MINNESOTA REC & PARK ASSOC PARK & RECREATION COMMISSION MEMBERSHIP 85.00 33526 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORE 45.36 33527 MINUTEMAN PRESS PRINTING-COMMUNITY CENTER 581.13 33528 MODERN TIRE CO TIRES FOR PARK MAINTENANCE TRAILER 30.00 33529 MOTOROLA INC REPAIR RECEIVERS-FIRE DEPT 604.22 33530 MOTOROLA INC RADIOS-POLICE`DEPT 1317.00 33531 MLA INTERIOR DESIGN CITY HALL INTERIOR.SERVICE 112.50 M32 MTI DISTRIBUTING CO REPAIR DOOR LATCH-PARK MAINTENANCE 21.34 33533 NATL SCHOOL SAFETY CENTER SUBSCRIPTION-POLICE DEPT 9.00 33534 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-CITY HALL 2044.32 33535 NORTHLAND MECHANICAL REFUND-WATER METER DEPOSIT 90.25 33536 NORTH STAR SOUND INC -SERVICE-SOUND SYSTEM FOR COUNCIL CHAMBERS 245.00 AT NEW CITY HALL 33537 NORWEST BANK MINNEAPOLIS NA BOND PAYMENTS 42219.64 33538 0 TOOLE & MCGOUGH INC -T-SHIRTS FOR SMAQUETBALL LEAGUE-COMMUNITY 34.75 CENTER 539 OFFICE PRODUCTS OF MN INC COMPUTER REPAIRS-FINANCE DEPT 65.00 33540 OFFICE PRODUCTS OF MN INC UPGRADE 150/TRACTOR FEED-FINANCE DEPT 326.65 ? 33541 HARRY A ORTLOFF HOCKEY OFFICIAL/FEES PD 70.00 33542 RICK PALMER BASKETBALL OFFICIAL/FEES PD 364.50 33543 PEDERSON SELLS EQUIP CO INC COUPLINGS-EQUIPMENT MAINTENANCE 121.41 33544 JAMES PELTIER EXPENSES-FIRE DEPT 19.00 33545 PEOPLE PLEASING OF MN SUPPLIES-LIQUOR STORE 7.60 33546 PEPSI/7-UP BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER 399.00 33547 CONNIE L PETERS MILEAGE 20.06 33548 JOYCE PHELPS SKATING INSTRUCTOR/FEES PD 1677.26 33549 PIONEER RIM & WHEEL CO -AXLE FOR LAWN MOWER TRAILER-PARK 712.20 MAINTENANCE 33550 PITNEY BOWES APRIL-JUNE POSTAGE METER RENTAL-CITY HALL 96.75 - 33551 PRAIRIE HARDWARE -RUSTOLEUM/DRILL BITS/SEALER/BRUSHES/GLUE/ 77.73 BOLTS-PARK MAINTENANCE 33552 PRAIRIE HARDWARE -FURNACE FILTERS/TOGGLE BELT/WIRE/PAPER 215.37 -PLATES/NAILS/CEMENT MIX/GLDVES/STEEL -WOOL/WIRE BRUSHES/ADHESIVE/PAINT THINNER/ -BOLTS/ROOFING NAILS/HOOKS/VISOR MIRROR"/ -KEYS/0-RINGS/SPRAY PAINT/PAINT BRUSHES/ WALL CLEANER-STREET DEPT 33553 PRAIRIE HARDWARE -FLAT PIPE/GLOVES/WASHERS/NUTS/BRUSH/ 25.00 0-RINGS-SEWER DEPT 33554 PRAIRIE HARDWARE PIPES-ENGINEERING DEPT 31.27 11555 PRAIRIE HARDWARE -BATTERIES/GEAR PULLER/TUBE LAMPS/PLUGS/ 153.78 -ENAMEL/SCRAPER/KEYS/PAINT PADS/ROLLER/ -BROOMS/SHOWER CURTAIN/PAINT/TAPE/STEEL WOOL-COMMUNITY CENTER 14349718 f 33556 PRAIRIE HARDWARE -POWER TOOL CORDS/PLUG IN/ADAPTER/STEEL 137.38 -WOOL/CONVERTOR/CHARCOAL/PIPE SLEEVE/ -CHARCOAL STARTER/WEATHER STRIP/RUSTOLEUM/ -POTTING SOIL/PROPANE/PUTTY KNIFE/PRIMER/ LOCKS/NAILS/LIGHT BULBS/FUSES-WATER DEPT 33557 PRINT SHACK PRINTING-SENIOR CENTER 156.41 33558 PROTOOL -SAFETY GOGGLES & GLASSES-EQUIPMENT 32.00 MAINTENANCE 33559 PUMP & METER SERVICE INC GAS PUMP NOZZLES-EQUIPMENT MAINTENANCE 59.60 33560 R & R SPECIALTIES INC SHARPEN ZAMBONI BLADES-COMMUNITY CENTER 85.72 33561 RADIO SHACK TIMER-COMMUNITY CENTER 211 33562 RAPID SERV INC DELIVERY CHARGES-WATER DEPT 21. U 33563 RECREATION SPORTS OFFICIALS ASSN BASKETBALL & BROOMBALL OFFICIALS/FEES PD 175.50 33564 RECREONICS CORP RODS/REEL CORE-COMMUNITY CENTER 49.35 33565 GARY REIERSON FOOT PEDAL-COMMUNITY CENTER 88.30 33566 RICE LAKE CONTRACTING REFUND-DEPOSIT FOR PLANS & SPECS 25.OD 33567 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-PRESERVE BLVD 188.15 33568 ROAD MACHINERY & SUPPLIES CO INSTALL CHAIN ON WINCH-WATER DEPT 62.20 33569 ROGERS SERVICE CO -STARTER/VOLTAGE REGULATOR/GENERATOR 642.98 PARTS-EQUIPMENT MAINTENANCE 33570 ROTTLUND CO REFUND-BUILDING PERMIT 7.00 33571 RYDER TRANSPORT INC EXPENSES-COMMUNITY SERVICES 67.50 33572 TIMOTHY A SATHER EXPENSES-FIRE DEPT 57.OD 33573 ELIZABETH SAUGEN VOLLEYBALL OFFICIAL/FEES PD 481.00 33574 ERIC SAUGEN VOLLEYBALL OFFICIAL/FEES PD 702.00 33575 SEARS ROEBUCK & CO -CALCULATORS/COVERALLS/PARTS-SEWER DEPT/ 420.74 FINANCE DEPT/BUILDING DEPT/PARKS DEPT �11576 SETTER LEACH & LINDSTROM INC -JANUARY 87 SERVICE-FIRE STATION/COMMUNITY 4700.63 CENTER 577 SHAKOPEE FORD INC -HEAD LIGHT SWITCH/CAR REPAIRS-EQUIPMENT 1173.45 MAINTENANCE 33578 SNAP ON TOOLS CORP SOCKET SET-EQUIPMENT MAINTENANCE 53.65 33579 PAT SOLIE MILEAGE 13.45 33580 SOUTHDALE YMCA 1ST QTR 87 HUMAN SERVICES 2500.00 33581 SOUTH HENNEPIN HSC 1ST QTR 87 SOUTH HENNEPIN HUMAN SERVICES 2781.00 33582 SOUTHWEST AUTO SUPPLY INC -FILTER/SPARK PLUGS/DISC PADS/AIR FILTERS/ 1443.74 -BRASS FITTINGS/BELTS/SOCKET/EXTENSION -CORDS/SPLASH GUARDS/BRAKE SHOES/EXHAUST PIPES/SHOCKS/MUFFLER/SWITCH 33583 SOUTHWEST SUBURBAN CABLE COMMISSI -SOUTHWEST SUBURBAN CABLE INSURANCE 1097.17 COVERAGE 33584 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-CITY HALL 120.00 33585 SOUTHWEST SUBURBAN PUBLISH INC ADS-LIQUOR STORE 272.16 33586 SUPPLEE ENTERPRISES INC SUPPLIES-LIQUOR STORE 18.64 33587 SYSTEM CONSULTING INC SOFTWARE-FIRE DEPT 93.70 33588 TARGET 220 REFRIGERATOR FOR POLICE PROPERTY ROOM 119.95 33589 THANE HAWKINS CHEVROLET CHEV 3/4 TON VAN-ENGINEERING DEPT 12767.00 33590 TRACY OIL CO INC UNLEADED FUEL-STREET DEPT 5780.85 33591 TRI-STATE VIDEO SERVICE INC REPAIR VCR-POLICE DEPT 59.00 33592 TWIN CITY TESTING WATER TESTS-WATER DEPT 55.00 33593 TWIN CITY OXYGEN CO WELDING OXYGEN-PARK MAINTENANCE 61.38 33594 TURNQUIST PAPER CO TOWELS-STREET DEPT 324.86 33595 TWIN CITY OXYGEN CO OXYGEN-EQUIPMENT MAINTENANCE 16.24 -96 UNITOG RENTAL SERVICES UNIFORMS FOR CITY EMPLOYEES 5008.15 4194076 t�l� MARCH 17,1987 33597 VESSCO INC COUNTER-WATER DEPT 178.00 33598 VIKING LABORATORIES INC CHLORINE-COMMUNITY CENTER 544.00 (7599 REBECCA WARNER MILEAGE 13.45 ,00 WAFTA 1987 MEMBERSHIP DUES-FIRE DEPT 1241.00 jj601 WATER PRODUCTS CO -3 1 112" METERS $885.00/3 1" METERS 1283.10 $398.10 33602 LYNNETTE WEISGRAM VOLLEYBALL OFFICIAL/FEES PD 40.00 33603 WELTER 6 BLAYLOCK REFUND-OVERPAYMENT ON BUILDING PERMIT 4.90 33604 SANDRA F WERTS MILEAGE 77.18 33605 WESCO LIGHT BULBS-COMMUNITY CENTER 120.85 33606 WEST WELD BLADES-PARK MAINTENANCE 38.43 33607 WESTERN CHEMICAL CO CHEMICALS-WATER-DEPT 4773.60 - 33608 WILSON TANNER GRAPHICS EDEN PRAIRIE TRAIL MAPS-PARK PLANNING 685.00 33609 XEROX CORP SERVICE-POLICE DEPT 6 CITY HALL 178.00 33610 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-PUBLIC WORKS BUILDING 34.40 33611 FRED ZIEBOL BASKETBALL OFFICIAL/FEES PO 47.50 33612 KAY ZUCCARO AQUA AEROBICS INSTRUCTOR/FEES PO 175.50- 943491 $1180673.34 i / i DISTRIBUTIONS BY FUND 10 GENERAL 329882.35 CERTIFICATE OF INDEBT 537.15 LIQUOR STORE-P V M 53124.81 I"I ;LIQUOR STORE-PRESERVE 49689.10 - 31 PARK ACQUIST & DEVELOP 2327.94 33--UTILITY BOND FUND 404041.22 39 86 FIRE STATION CONSTRUCT 3289.44 43'; 77 FIRE DEBT FUND 16705.29 44 UTILITY DEBT FUND 25514.35 51 IMPROVEMENT CONST FD 177345.42 ' 73 WATER FUND 25386.34 77 =SEWER FUND 90704.58 81 TRUST & ESCROW FUND 2125.35 $1I80673.34 i t �,11,) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-73 RESOLUTION APPRDVING THE PRELIMINARY PLAT OF BERNE ADDITION FOR DONALD AND HARRIET BERNE i BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Berne Addition for Donald and Harriet Berne, dated February 20, 1987, consisting of 1.04 acres into two lots, 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 17th day of March, 1987. Gary D. Peterson, Mayor ATTEST: n D. Frane, City Clerk- STAFF REPORT TO: Planning Commission FROM: Donald R. IJram, Assistant Planner HROUGH: Chris Enger, Director of Planning DATE. March 6, 1987 PROJECT: Berne Addition LOCATION: Lot 8, Block 1, Esther Hills Addition APPL ICANT/ FEE OWNER.' Donald Berne REQUEST: Preliminary Plat of 1.04 acres into two single family lots. Background d The Comprehensive Guide Plan cur- rently depicts this site as Low I"'�SS Density Residential. Surrounding { +� properties to the north, south, east, and west, are also guided Low 2 Density Residential. Specific land 1" uses in this area include Edenwood Ridge, zoned R1-22 to the north; 8-4 Valley View Road to the south; P g I I .; f "` Walnut Addition, zoned R1-13.5 to + `" ,A T" the west; and, Prairie Knoll, zoned I PROPOSED SITE R1-9.5 to the east. The proponent is requesting a preliminary plat of approximately 1.04 acres into two 7� - single family lots. g- 102-� -I. RI-9.5\ Site Plan/Preliminary Plat u \\ CBCOMO The site plan depicts the sub f' ' I 5 division of Lot 8, Block 1, Esther R RAL Hills Addition, which contains 1.04 13 Ida a acres, into two single family lots. ,2 PUB ^ The property is currently zoned R1- m 22 which was approved in 1969 and both lots meet the minimum require- ` v ments of the R1-22 zoning district F? 8'12 with the exception of lot frontage. 21. PUB Minimum lot frontage in the R1-22 ' ^� zoning district is 90 feet. The 81 AREA LOCATION �q proposed subdivision depicts a total s-c s ;a-.. �, IYIAP Vh' Berne Addition 2 March 6, 1987 frontage of 33.88 feet for each of the two lots. This tot is located on the corner of Franklin Circle and has a total of 67.77 feet of lot frontage and is a non- conforming lot. The proponent will be required to apply for, and receive, a variance for lot frontage from the Board of Appeals. Currently, there is an existing house located on Lot 1 and an office/garage structure located on Lot 2. The preliminary plat has indicated that there are two existing driveways which lead to each of the structures and can be used to serv,e any proposed house. Should a variance be granted, Staff would recommend that the proposed driveway locations be maintained and that any new structure built on Lot 2 would be located in the same position as the office/garage structure. This,'.would include an approximate 70-foot front yard setback. The proponent will also be required to maintain 15-foot sideyard setbacks along the common property line. At this time, there is no grading proposed; however, some minor grading would be expected to occur with any building construction. Water and sanitary sewer iservice is available to the proposed lot from connections made to existing utilities in Franklin Circle. STAFF RECOMMENDATIONS Staff would recommend approval of the,request of the preliminary plat of 1.04 acres into two lots based on plans dated February 20, 19B7, subject to the recommendations of the Staff Report dated March 6, 1987, and subject to the following'condition,s: 1. The proponent shall apply for, and receive, a variance for tot frontage from the Zoning Board of Appeals. 2. Each of the structures shalt maintain a 15-foot sideyard setback from the common lot line. 3. Any new structure built on Lot 2 shall be located in the same position as the office/garage structure which would include an approximate 70-foot frontyard setback, a 15-foot sideyard setback, and a 36-foot sideyard' setback on the other side. .R loo+� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-74 RESOLUTION APPROVING THE PRELIMINARY PLAT OF TOPVIEW ACRES 5TH ADDITION FOR JERROLD T. AND CRIS MILLER BF IT RESOLVED, by the Eden Prairie City Council as follows: That- the preliminary plat of Topview Acres 5th Addition for Jerrold T. and Cris Miller, dated February 18, 1987, consisting of 3:7 acres into six single family lots 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 17th day of . March, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk i I I n MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Service DATE: March 13, 1987 SUBJECT: Supplementary Staff Report Topview Acres 5th Addition The March 6, 1987 Planning Staff Report regarding Topview Acres 5th Addition refers to the original request for an outlot 20' wide extending along and adjacent to the north and northeastly lines of Lot 7 "as depicted on Exhibit B and entitled Outlot B". When the City of Eden Prairie reviewed the Arbor Glen Subdivision, located immediately west of this site, the City determined the grades would be too' steep to make the connection for the walkway from Topview Acres, and instead concentrated on the proposed trail connection along Baker Road and.the trail connection from Arbor Glen through to Cardinal Creek. The Community Services Staff concur with the Planning Staff recommendation that the requirment for the dedication of Outlot B for trail purposes be deleted. BL:md j". ; 9 i t STAFF REPORT •a TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: March 6, 1987 PROJECT: Topview Acres 5th Addition LOCATION: North of Beehive Court, west of Gerard Drive APPLICANT/ TEE OWNER: Jerrold T. and Mary A. Miller REQUEST: Preliminary Plat of 3.72 acres into six single family lots and one outlot. Background Ott . The Comprehensive Guide Plan cur- `i, , _ R1 133 \�\ 4 rently depicts this site as guided for Low Density Residential. Sur- rounding properties to the north, s. \ /� south, east, and west, are also -=� 9 � '�� guided for Low Density Residential. \\\ ` Specific land uses in this area 1%4 \- include Arbor Glen, zoned R1-13.5 to ' " the west; Topview Acres 4th ,wo '+ 4��k. Addition, zoned R1-13.5 to the "'"{ south; Topview Acres 2nd Addition, S \\ zoned R1-22 to the east; and, vacant PROPOSED ITE - '� •.� property, currently zoned R1-13.5 to ���: \ y� the north. The proponent is re- questing a preliminary plat of approximately 3.72 acres into six single family lots and one outlot. Site Plan/Preliminary Plat � ,,rOBEPT The site plan depicts the division n5a�n-1E \ tu of a 3.72-acre tract of land into .f six single family lots and one `1 G�I.c t \ outlot. Lots within the subdivision = N 274 range from a minimum lot size of 7. —T,` PU 8 14,628 square feet, to a maximum lot 7o_84 size of 35,205 square feet. The ' AREA LOCATION MAP` average lot size is 19,960 square .< feet. All the lots meet the minimum .r Topview Acres 5th Addition 2 March 6, 1987 trequirements of the R1-13.5 zoning district. The outlot, which contains 0.97 acres will be combined with the property to the north for future development. (See Attachment) Access to this site is being provided through Beehive Court and Gerard Drive which are constructed streets. The proposed subdivision is consistent with the previously approved concept plan (Attachment) which allowed for the zoning of this entire piece of property to R1-13.5 with Ordinance #79-18 approved in 1979. Pedestrian Systems As part of the Developer's Agreement for Topview Acres 4th Addition, dated August 7, 1979, Section 3 states that the "Owner shall plat an Outlot 20 feet wide extending along and adjacent to the North and Northeasterly lines of Lot 7 as depicted on Exhibit 8 and entitled Outlot B. Upon request by the City, owner shall convey utl� of B to the City for walkway and public trail purposes. Owner shall convey to the City or dedicate to the City and the public for walkway and public trail purposes, in lieu of (if the City has not then requested the conveyance thereof to the City), that part of the property described as Outlot 8, Exhibit B, such portion of Outlot C and D. Exhibit 8 as may be mutually agreed upon—T Tt e parties for walkway and public trail purposes. Nothing herein shall limit the City's right to require the conveyance to the City or dedication to the public of additional walkways or public trails at such time as owner shall further subdivide or replat that portion of the property described as Outlot C and D, Exhibit B. (See Attachment) Because there was no provision made for a trail connection within the Arbor Glen subdivision to the west, Staff would recommend that the requirement for the dedication of Outlot 8 for trail purposes be deleted. Grading Elevations on this site range from a minimum of 892 on the south property line adjacent to Beehive Court to the 930 contour elevation which on the north property line is part of Outlot A. Minimal grading is occuring on this site with a maximum cut and fill of approximately three feet on Lots 1, 2, and 5. The site slopes in a northerly direction at approximately 10%. The tree inventory which was submitted for this property, depicted a total of 1,074 caliper inches on this site. The proponent is removing approximately 135 caliper inches due to grading and building pad placement. As part of the tree replacement policy, the proponent is required to replace 107 caliper inches. this tree replacement plan will be required prior to City Council review. Utilities Water and sanitary sewer are available to this site through connections made to a six-inch water line located in Beehive Court and Gerard Drive, and an 8-inch sanitary sewer line located also in Beehive Court and Gerard Drive. Storm water run-off has been designed to be collected in a storm sewer system located within Beehive Court. �gg l `-: i Topview Acres 5th Addition 3 March 6, 1987 STAFF RECOMMENDATIONS Staff would recommend approval of the request for the Preliminary Plat of 3.72 acres into six lots and one outlot, based on plans dated February 24, 1987, subject to the recommendations of the Staff Report, dated March 6, 1987, subject to the following conditions: 1. Prior to Council review, proponent shall; A. Submit a tree replacement plan which depicts a total of 107 caliper inches. 2. Prior to Final Plat approval, proponent shalt: A. Submit detailed utility, storm water run-off, and erosion control plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Grading permit issuance, proponent shall: A. Stake the proposed grading limits with a snow fence. Any trees lost outside the graded area shalt be replaced on an area inch per area inch basis. �. 4. Prior to Building permit issuance, proponent shall: A. Notify the City and Watershed District at least-4B hours in advance of grading. B. Pay the appropriate Cash Park Fee. f: i i �d -- rr , . CARDINAL LAKE Jks : (ftes(Wtly dryie ) f possible future easement �I t, Yfh Outlot D Outlot C ' It �� �/j I �/ �'fj��.' � `� __ �'. �� +\� T1+a••n•t ar rw Y1f r M.Y.aMM uutl of B r'C` ,•ar r•,l,r.(Uo Y•a YY J ar•.r<A �4� `� • � `��,��+� , � � r•.4w n.r•r r.Year M 4NM lW.: «!^ � �\\I\� �Iwa rn`•}trn.rr y.a••.raw w.lu llt� �' 4� M\�'�� � •r•et,a r.t^.I1.1.a t,r _ �,,.., f• •sea�r.a far r•f rr rellr a. [�'•� � .... r a w 31r r rl••.aa,r. w.\....._ rr.•.ly.ur rnll.l ru w.raa \\,` i\;\\_ ,\ ••�.; � � l,r•f ar rraern rn•r r awa.r l•. .:(. at ar•r•....a rr•11.1 raa tr rr 3,r r \(.`\. � 1 YYY ra• 11 Y�11•Nr•M 1M.1 Iwa. •.r•w � 1.•.. N[r nrelf Lw•/�•tT 11r•v, •� Jam",== LQ \ . '• � \ `' wYi. ;r • :►•w•r 11w.J rw•rt�a•rr.a� \ S.4'1 \ .�•� •u lr r..t 11 N ar Yw rlf r t..nfa y � ` •o- r O �tlf¢`tf •Iw •r.a Irr ll..i f.a,�r Is Zra L�1tELlIy/NA4Y PLAT - fc ✓}ew Lfcres q11. Qddifion \` - . . CAFiLL•,ry cl t F b '`a 7C7_AT'FS.INCH S %�T:��rcl,_.1� .[•.r a «.. w w urn ur•.,rr ` .'u`� "'• fe Property of �,ive ----'" Jerrold T. d ary Ar Miller 7120 Gerard EXHIBIT B Fa.n P-7r,.. MN '.+t� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-75 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE VIEW 2ND ADDITION FOR PRAIRIE VIEW ASSOCIATES BE IT RESOLVED, by the Eden Prairie City Council as follows: That"the preliminary plat of Prairie View 2nd Addition for Prairie View Associates, dated February 23, 1987, consisting of 14.6 acres into two lots, 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 17th day of March, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk I i �„ib STAFF REPORT TO: Planning Connission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: March 6, 1987 + PROJECT: Prairie View Center 2nd Addition LOCATION: North of Plaza Drive, east of Prairie Center Drive APPLICANT/ FEE OWNER: Prairie View Associates REQUEST: Preliminary Plat of 14.6 acres into two lots. Background r This site is the location of the „T i Prairie View Center which was _ approved on May 2, 1986. The —lpzD approved development plan depicts three lots within this 16.7-acre tract of land. Specific development a` 274 ^" includes the Prairie View Center on -T�4 . PUS RI-2 � Lot 1, a future restaurant on Lot 2, and an unspecified building on Lot 3. The proponent is currently 15-83 requesting a replat of Lots 1 and 3 PROPOSED SITE \ t of the Prairie View Center Addition G-REG l.-Kth-J K in order to provide 18 additional `7 SER \ on-site proof-of-parking stalls for 7$ a tenant located in the Prairie View L45 Center. C-REG R 5ER ��REG/ Preliminary Plat ) -82 E P As part of variance request #86-44, _ = ° which allows for Edina Sales and _ EG= Leasing to operate its business in 10 this location, the proponent re- �, , ;� 12"PRK ceived a variance for the outside „— storage and display of 30 new or % used automobiles. Edina Sates and Leasing occupies approximately 6,000 , square feet of interior space within ^�=,� \' 14-1 Prairie View Center. Based 6,000 ' AREA LOCATION MAP_ square feet of lease space, the, the Prairie View Center 2nd Addition 2 March 6, 1987 applicant is required to provide 35 parking stalls for retail business. Submitted information indicates that of the 30 automobiles, twelve will be driven by employees which leaves 18 permanently stored vehicles. If the twelve vehicles that are driven by employees are credited towards the 35 required parking spaces, the remaining 18 spaces taken up by vehicles for sale and display would have to be replaced elsewhere on the site in order to be in conformance with the required parking. Because the opportunity to provide these additional parking stalls on-site, (Lot 1, Block 1, Prairie View Center) does not exist, the proponent has requested the replatting of Lots 1 and 3, Block 1, Prairie View Center Addition. The Board of Appeals and Adjustments Findings and Order, signed and dated November 13, 1986, Section 2D states that "Variances granted under Sections 1A and 18 are specifically conditioned on applicant's compliance with the following requirements: "The applicant shall obtain a replatting of the property as proof-of-parking on Exhibit C. Said replatting and rezoning shall be for the purpose of providing 18 parking stalls on said portion of the property at the sole discretion of the City. It shall be determined whether additional parking spaces are required to service the property. Should additional spaces be required, the owner of the property agrees to construct, or cause to be constructed, hard surface parking spaces in the area designated as proof-of-parking in Exhibit C. Attached hereto and made part hereof upon written notice from the City, the owner shall construct proof-of-parking within a three-month time period". The proof-of-parking detail for Lot 1, Block 1, Prairie View Center Addition depicts how the additional 18 parking stalls can be located. It also shows how a 5,400 square foot building and the associated parking can be placed on the remnant parcel (Lot 2). Because of the variances required based on this scenario including parking and building setbacks, the proponent will be required to develop a site detail which eliminates all variances. Staff has revised the site plan which eliminates the variances required if the 18 proof-of-parking stalls needed to be built (see Attachment A). The proponent will be required to revise the site plan and preliminary plat prior to Council review. In addition, in order for the replatting of this property to proceed, the proponent will be required to apply for and receive a variance for lot frontage on a publicly dedicated street or street that has received legal status as such for Lot 2. Although the approved final plat depicts that lot as not having any lot frontage, it is a non-conforming lot and will require a variance. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for the preliminary plat of approximately 14.6 acres into two lots based on plans dated February 23, 1987, and based on the Staff Report, dated March 6, 1987, and subject to the following recommendations: 1. Prior to Council review, proponent shall revise the site detail for Lot 1, Block 1, Prairie View Center Addition to eliminate all variances per Attachment A. 2. Prior to Final Plat, the proponent will apply for and receive a variance for lot frontage on Lot 2 from the Zoning Board of Appeals. 3. The proponent will be required to go through site plan review regarding any possible building construction on Lot 2, Prairie View Center 2nd Addition. 3 VIOS3NNIW-31HIVHd N303 g ' v 83 LN33 M31A 31»Id»d a •s 9 �p� `. �� .r `x `y .g =• egg=r g°�§ sao; = 3 e w•............ a • i • i .w w w•u u u u u u u u u u v u u u u u u• • .. 'O O 41 ~ • N . V- O • O 41 01 ro OL L 1; ro r L a¢ < N ,N O N Y ro O N C III W L Q • \ y N tp ro h IIIIIII IIII� /!///// // ///✓/ ;// // o c Q ro � I y(Ui 4- m ro 1 J CL J - _, a / a i11Y0 YYIYI�NYI•Y• Z' - FVHTRTT r . PROOF OF PA2KING FOR LOr l� BLOCK P,2A/RlE' VIEW CENrEQ 5 C 0 T N ProoF o /oa ►rtg For is sfol/s addi Fiona! ces on Loi I Block 1, Proiri View Cenfer ' _ o _ I � a 'tA o ( 0 T Possi le co Fulure �O`I 25 20 20 N Building io I 6S N PROPOSED LOT LINE f8 S>tal�s t cli I I I I N l l I ( l 5 .... 215.00.... 30' ATTACHMENT A a f ; CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-72 BAKER ROAD IMPROVEMENT-AGREEMENT WITH HENNEPIN COUNTY DOT WHEREAS, Plans for Hennepin County Project No: '8312 showing proposed I alignment, profiles, grades, and cross sections for the construction of County �. State Aid Highway No. 60, within the limits of the City, as a State Aid Project„ have been prepared and presented to the .City. WHEREAS, agreement number PW 10-49-87 has been prepared to determine cost allocations and :responsibilities for the project. NOW, THEN, BE IT RESOLVEO that the City Council' of the City of Eden Prairie does hereby approve said plans and specifications and the agreement PMl 10-49- 87 and authorizes its Mayor and City Manager to execute saidL agreement. Further, in accordance with the agreement, the Cfty agrees to provide enforcement for the prohibition of on-street parking. - ADOPTED by the City of Eden Prairie on March 17, 1987. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EOEN PRAIRIE TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Oeitz, Oirector of Public Works GATE: March 11, 1987 f SUBJECT: Baker Road Improvement Project Project Number 52-085 Transmitted herewith is a copy of the cooperative construction agreement for the responsibilities and cost allocation for the Baker Road improvement project. The agreement includes a cost estimate for the project and provides for a City share of $655,181.73. The City Council reviewed the preliminary plans for this project an November of 1987. At that time, a number.of issues were raised regarding sidewalk' locations, pedestrian underpass and preservation of trees on the;wooded knoll near the intersection of Edenvale Blvd. The plans that had been submitted for approval by the Hennepin County DOT provides the resolution Anto all these issues in accordance with our request. The plans show a bike trail.along the entire length of the project on the east side of the roadway and.a sidewalk along the west side. The project provides for a 'pedestrian underpass south of Cardinal Creek Road which includes cast-in-place concrete-`headwalils,' railing and safety barriers. The treatment for the culvert at the creek is similar in design to the underpass - - headwalls, railing and approach barriers are provided in a similar fashion. Finally, an. expensive retain wal-1 system is _ provided on the east side of Baker Road near the intersection of.Edenvale Blvd. to maintain the wooded knoll. The plans and specifications comply with the request of the City as made. regarding this project and I therefore recommend approval and adoption of resolution 87-72. EAO:ss 1 j Agreement No. PW 10-49-87 County Project No. 8312 County State Aid Highway No. 60 City of Eden Prairie County of Hennepin CONS'TRUCTICN COOPERATIVE Act AGREEMW, Made and entered into this day of , 19 _, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". W17NESSSL79: WAS, The County and the City have been negotiating to bring about the improvement of that portion of County State Aid Highway No. 60 between Roberts Drive and CSAH 62, (Engineer's Stations LBC 35+22 to LBC 94+50) as shown on the County Engineer's plans for County Project No. 8312 and City Improvement Contract 52-094, ( hereinafter known as County Project No. 8312 and referred to as the "Project", which improvement contemplates and includes grading, drainage, bituminous surfacing, sidewalk, watermain, sanitary sewer, Bridge No. 96316, and other related improvements; and WHEREAS, The above described project lies within the corporate limits of the i City, and ' WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described project and an estimate of the total cost for contract work in the sum of Two Million Eighty-Two Thousand Eight Hundred Seven Dollars and Thirty Cents ($2,082,807.30). A copy of said estimate (marked Exhibit "A") is attached hereto and by this reference made a part -1- C�� Agreement No. PH 10-49-87 hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. NON THEREPM, IT IS HERESY AGREED: I That the County or its agents will advertise for bids for the work and construction of the aforesaid Project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract will be in form and will include the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. f . II The County will administer the contract and inspect the construction of the contract work contemplated herewith. However, the City Engineer of Eden Prairie shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. III The City agrees to grant highway easements to the County over those lands owned by the City that are a part of the required right of way for said Project. Said easements shall be granted at no cost to the County. i' l -2- ,J Agreement No. PW 10-49-87 The County or its agents will acquire all additional rights of way, permits and/or easements required for the construction of said project. The final cost of all additional rights of way, permits and/or easements required for the construction of said project plus all costs incurred by the County in acquiring said rights of way, permits and/or easements shall be apportioned 50 percent to the County and 50 percent to the City. The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages, occurring to ariy person or persons, including private utilities, in relocating or removing or adjusting main conduits or other structures located in or upon the land taken and within the present.right of way; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of County State Aid Highway No. 60 as shown on the plans for County Project. The County will periodically, as parcels are acquired, prepare and submit to the City itemized accounts showing right of way and acquisition costs incurred;by the County. The City share of said costs shall become due and payable within thirty (30) days after submittal. The estimated right of way expenses described herein are indicated in the Division of Cost summary in said Exhibit "B" attached hereto and by this reference made a part hereof. IV The City shall reimburse the County for its share in the construction cost of l -3- i I Agreement No. PW 10-49-87 the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "B" attached hereto and the Division of Cost Breakdown in said Exhibit "C" attached hereto and by this reference made a part hereof. It is further agreed that the Engineer's Estimate referred to on Page 1 of this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. V In addition to payment of the City's proportionate share of the contract construction cost, the City also agrees to pay to the County a sum equal to seventeen percent (17%) of the amount computed as the City's share of the said contract ( construction cost for roadway construction on County Project 8312 and ten percent (10%) of the construction cost for City Improvement Contract 52-094, it being understood that said additional payment by the City is its proportionate share of all engineering costs incurred by the County in connection with the work performed under this contract. VI Within sixty (60) days after an award by the County to the successful bidder, the City shall deposit with the Hennepin County Treasurer, ninety percent (90%) of the estimated City share in the contract construction and engineering costs for the project. Said estimated City share shall be based on actual contract unit prices for estimated quantities shown in the plans. -4- C30) Agreement No. PW 10-49-87 The remaining ten percent (10%) is to be paid to the County upon the completion of the project and submittal to the City of the County Engineer's Final Estimate for the project showing the City's final share in the contract construction and engineering costs for the project. Upon payment of the Final Estimate to the successful bidder by Hennepin County, any amount remaining as a balance in the deposit account will be returned to the City; likewise any amount due the County by the City upon payment of the Final Estimate by the County shall then be paid by the City as its final payment for the construction and engineering cost of this project. VII The County Engineer will prepare monthly progress reports as provided in the specifications. A copy of these reports will be furnished to the City upon request. VIII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. I]C The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. t t -5- �yJ Agreement No. PW 10-49-87 a It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. u Upon completion of the project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on those portions of County State Aid Highway No. 60 constructed under this project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. 7CII it is understood and agreed that upon completion of the improvement proposed herein, all watermain, sanitary sewer, concrete sidewalk, concrete end walls and railings for Bridge No. 96316 and 72" reinforced concrete pipe culvert and bituminous bicycle path included in said improvement shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at its own expense. It is further understood that neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of -6- r Agreement No. PW 10-49-87 any kind or character arising out of or by reason of negligent performance of the hereinbefore described sidewalk and bituminous bicycle path maintenance, existence, restoration, repair or replacement by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action and expenses (including, without limitation, reasonable attorneys fees, witness fees, and disbursements incurred in the defense thereof) arising out of negligent performance by the City, its officers, agents or employees. ][III Upon completion of the project, the County will request that the Commissioner of the Minnesota Department of Transportation remove from the County Highway System the existing roadway segment of CSAH 60 between Engineers Station 55+00 to 69+00 and 85+00 to 92+00 that is not to be integrated into the new alignment andthat jurisdiction for said roadway segment be transferred to the City. The City by executing this agreement concurs in the above change in jurisdiction and agrees to sign and complete documents so evidencing its intent if required by the Commissioner of the Minnesota Department of Transportation or applicable laws. The County agrees to provide a quitclaim deed to the City for all existing right of way on the roadway segment being transferred to the City with no money consideration required. j XIV Detouring of traffic will be necessary during the construction. The detour ': -7- Agreement No. PW 10-49-87 routes shall be mutually agreed upon by the County and the City. All guide signs, regulatory signs and pavement markings shall be furnished, installed and maintained by the County at no expense to the City. The County will, at its expense, maintain said detour routes while they are in use. The County does not agree to become responsible for any damage caused by increased traffic on City streets not marked as an official detour or alternate route. XV it is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of or by reason of the performance of any work or part hereof by the other as provided herein; and each ( party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XVI It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so n Agreement No. PW 10-49-87 engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged"by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence-of any act or omission on the part of said employees;.while so engaged on any of-the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. ]CVII The provisions of M. S. 181.59 and of any applicable local ordinance-relating`to civil rights and discrimination and the affirmative,action policy statement,of Hennepin County shall be considered a part of this agreement as though fully set forth herein. _1 -9- �L' Agreement No. PA 10-49-87 IN 7ESTD OZTY t EMN, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Manager - Date: CIO NPY OF HORWIN ATTEST: By: Clerk of the County Boar airman of its County Boar Date: Date: And: Upon proper execution, this agreement Associate County nis rator will be legally valid and binding. and County Engineer By: ✓ �/j '1 Date: Assistant County Attorney Date L � RECOMMENDED FOR APFF40M Approved as to execution By: By: Director, Department of Transportat on Assistant County Attorney t: Date: Date: �oN.1 o=eo 000 oonoeeOeoN •o• o poo o �ooN eo 00 ow o 0 0 e C F V NN N y T O N NO O O 4, a NNN N No`no N O _ oL n c uc W .n i r \ N N N N b N N M O O p0 a O q n 0 00 O 0 0 e P e o p P n e O N( n O o e a - q a n 0.• P ry O O e n O O O a ry e P O ry n P e e P n O r O ,p N n IP•n ,r C b ne •' Y ry NNN N �� ry NNN N N n b N YN N N N N N N U_opNNNnO_______en000n 1e________-_GG-n__- N N p o o n N O p a C C W i -----e O-O--- W e ONO O C O N 0 0 0 0 1 0 a W 1 C y O O a Y W 0. ry N O O O D e 0 0 O O O O O a O O n K L ao mpon ,no woN moe °i u a 4 u =opn r.a. nw ti + o F h n^ IaN N G •O q N N N N N W ' N n G N W W H M1 N • n F w N W q 0 0 0 0 0 0 IC I W( F O N t U O y a N V N » N N N ry.•a I W 4 L h N t o I N N o 1 1 1 1 p N e s W l u h» N I a L» yi N N 4 � n O W� N N F F N O q I H hie In vlpnne n N rpq ________________ry U�h 0 vhi 4 b e n e I 1 I N S »ry 11 1 1 n J ►w a F W O ry ry r 4 = W .777 q H L F m � H F 6 0 0 w C L L t ► ► ►a►M►S S N 0. N a U a O O O O J I 1 1 C U U I 1 1 C (( H O C L O L W Y •>'I D Y K Vti q a N H w N w W a F O W I a O►S► _- •� �.n W 1 ________an Hq n q ►r n V H S O r J .C.0 F' n i.n•.i �.. N y c . W] s.. sa z 1 1 H 6n m P MU O- O< O Y F W F O r 0 n W L N ri• W C %a a 4 a<U 6a .•+w •eu ( O 1: OM FO H(h O% ]4]6 JOO •oF O W < ry y L V m Y¢ h h K a�.► PN r m W ~ I- x . % W U 4 Y C C O J IL.t � h a( F a m r G m Y w a<T q q ] V M H n W „ 6 U J U a O a L»LH 60 H Le r aa' f, Ch ►a u O m VO V N L L O W N N W 4 4 - O N a U U. N►a(O a a a CHw l a Y W LCa C C �.nC Y t a N U O a 0 a O w J J O O W U a w W 0 N C r 0> + w W i W ►`►�..zH» u as W J •-� a{a a ]w a a 6 W Y W m a U N ( a i F a] N C O a W N G 0 h <W 4 Y{h U h W W O w L O L z O F<•C V q M( W L n l .• w G w a H W r�• H h h J F S a a Y W s L W W V q F I.(N r e%•m<V th F F F ON0.0.W F]N = C O a► Y O V C G n U e (O V Y W W a 4 a t H ( W (••4 H 4 W J a (••_ „w y F U h 0 G a M V F F O U<O 4 L C L L L m 4 t ►a J r a y I I U 4 .• L]Y>V Y f a 4 G a a O t N J g G •G t C O C NOG O N NqH JCC(H m mG< C W W► K a V a = w W V HI••W W W ]]>>]H G O]O H a W a a m Y W Z=O Y V ]<• 0 0 0 0 0 C C V V(0.a]] V W W a 2 O i n n ► N a s ]<(<4 C U V U V M(G N N W ( Y < w G r r O W 0 0 F W U U U W C L C a U F N ►► W O O D 0.0 a O • V O►O F L L L O h C F F N H h Y i o a m O W W V N n 0 e H a 4 • 00• aCt hF 4 '� < I. FO H O .•..m m m m e h vu e= u u n N(NNN m N M F a N40 ♦♦ ----- MEMORANDUM TO: Mayor and City Council �.— FROM: City Manager Carl J. Jullie �J SUBJECT: City Manager Performance Review Form and Procedure for Salary Adjustments DATE: March 12, 1987 Pursuant to further discussions with Councilmember Harris and Ms. Swaggert, attached is a modified final draft of the City Manager Performance Evaluation Form. The only change from the prior draft given to the Council at the March 3rd meeting is the addition of a sentence which is underlined at the end of the third paragraph on page 1. This change we believe addresses the Council's concern about an opportunity for giving information to the public. With respect to determining which goals are appropriate to list on the review form, I would suggest that the Council seta special time, perhaps just before a regular Council meeting in the near future, to discuss and determine such goals with input from the City Manager. In addition to approving the review form, the Council may also wish to adopt the following policy regarding a process for determining the City Manager's future salary adjustments: A. Any adjustments to the City Manager's salary should be made as of January 1 of each year. All adjustments must be specifically approved by the City Council. B. The forthcoming compensation study pursuant to the comparable worth process shall include a recommended salary range for the City Manager position. This range should be consistent with that of selected comparison cities and relevant data from the private sector. C. Annual adjustments for the City Manager should reflect a combination of cost of living and merit which will be reflected by performance results as determined by the Council. D. Based upon the foregoing, the City Manager shall submit a salary adjustment proposal for Council consideration at the first regular meeting in December of each year. CJJ:jdp Attachment ..ti MEMORANDUM TO: Mayor and City Council FROM: Natalie J. Swaggert, Director of Human Resources DATE: February 27, 1987 SUBJECT: Revised Performance Evaluation for City Manager Position Attached, for your review, is the final draft of the proposed City Manager Performance Evaluation. It reflects a number of changes which are an outgrowth of the concerns and suggestions made by Patricia Pidcock and Jean Harris in our recent work session. A highlight of the changes follows: 1. The Performance Evaluation process now provides for a "front end" goal setting process. This is important because it clarifies expectations for the City Manager, as well as the Council at the beginning of the review period. It also provides an opportunity to tailor some goals specific to the year ahead. 2. The performance standards or grading system has been revised. The standards were increased from 4 to 5 and a definition of what each performance standard should reflect is provided. This should ensure more consistent application of the standards in scoring by the individual Council member. 3. The actual content of the performance evaluation is based on the past set of performance criteria; however, the criteria have been recategorized and redundant criteria removed. The new format breaks the City Manager's performance down to 3 classifications: I. General II. Job Responsibilities A. Management of City Business & City Staff B. Council Relations D. Community Relations III. Annual Goals and Objectives 4. Section III, Annual Goals and Objectives, is a new section and as noted earlier is intended to reflect current issues, projects, etc. for which the City Manager has accountability. An example of a goal might be - successful completion of the City Hail move or successful implementation of a Comparable Worth job evaluation process. 5. The final sections of the report, which summarize the City Manager's overall performance, are the same as in the past. To help the evaluator complie this section and ensure that proper priority is given to each section of the performance criteria, a p of evaluation scoring factor has been added to each of the III. main criteria, sections, I, II-A, II-B, I1-C and it S NJS:md CITY DF EDEN PRAIRIE CITY MANAGER EVALUATION FORM PERFORMANCE EVALUATION PROCEDURE: This form is to be completed by each member of the City Council to evaluate the City Manager's performance in fulfilling each of the roles which he/she plays in the City's government. The performance evaluation should be done annually during the month of November. NOTE: Goals and objectives will be preassigned at the beginning of the period of evaluation. Each member of the City Council will complete the evaluation form and forward it to the Mayor who, along with one designated Council member, will summarize the comments and determine the aggregate performance score. The composite evaluation will then be reviewed with the City Manager during a performance discussion conducted by the Mayor and designated Council member. Thereafter, the mayoti r shalestl report to the City Council at a regular or special meeting,-t efi compose a evaluaon r tf _s_, including a review ot e summary comments made by each counci mem er. PERFORMANCE STANDARDS: Performance is measured on a scale from 1 to 5 as follows: 1. Unsatisfactory: Performance does not meet expectations, improvement is required. 2. Developmental: Performance demonstrates positive growth, strong effort to perform is evident. 3. Satisfactory: Performance meets all expectations. 4. Above Average: Performance frequently exceeds expectations, above average effort is evident. 5. Outstanding: Performance consistently exceeds expectations, contributions and effort are dependably high. I. GENERAL: 15% OF EVALUATION Maintains composure, appearance, and attitude befitting the executive position of City Manager. Is decisive, shows initiative, and accepts responsibility. Exercises judgement, common sense, and logic in decision making. Anticipates problems, communicates appropriately, and develops effective approach for resolution. _ Demonstrates flexibility/creativity. _ Continuously strives for professional self-improvement. _ Is open and accessible to Council members, citizens and City staff. _ Effectively interfaces with news media - avoids political positions and partisanship. Average Score (1) (total points divided by 8). II. JOB RESPONSIBILITIES: A. CITY/STAFF MANAGEMENT: 30% Of EVALUATION Recommends appropriate goals and directions to meet the City's needs. '— Anticipates, plans and organizes a process of program planning to identify problems and meet future needs. _ Understands the City's ordinances and policies and enforces appropriately. Plans, organizes, and supervises to ensure the most economic policy utilization of manpower, materials and equipment. _ Prepares and administers the City's budget within parameters and policy established by Council. _ Maintains an adequate reserve. Anticipates financial needs well. _ Operates the City on an effective, efficient basis, making the best use of available funds. _ Maximizes the City's access to financial aid from state and federal governments. _ Maintains an appropriate personnel policy within the framework of legal requirements. _ Ensures impartial administration of policy, pay increases, promotions, and dismissals. _ Maintains an open relationship with staff, encourages job enrichment, and actively works to develop an atmosphere .rewarding both teamwork and individual achievement. _ Promotes and supports an on-going training and education program for City personnel. Demonstrates commitment to the City's Affirmative Action Policy. _ Remains informed about employee issues and provides channels for communication that support a positive work environment. _ Monitors employee pay and benefit plans to ensure that employee needs are being met and that Eden Prairie is a competitive employer in the market place. Average Score (II-A) (total points divided by 16) B. COUNCIL RELATIONS: 20% OF EVALUATION _ Assists the Council in establishing policy based on well- supported, appropriate and timely information and data. _ Assists the Council in annually establishing priorities and reviewing implementation of previous year's priorities. _ Develops clear Priority Statements representing the Council's priorities. Keeps Council advised of new and impending legislation and developments in the area of public policy. _ Recommends alternatives when ordinances or policies prove impractical in actual administration. _ Establishes and maintains a system of reporting to Council current plans and activities of the staff. _ Provides the Council with accurate and comprehensive reports concerning matters of importance to the City in a timely manner. _ Assists the Council by resolving problems at the administrative level to avoid unnecessary Council action. ��J _ Responds effectively to requests for information or assistance by the Council. _ Implements and supports Council action and decisions in accordance with the intent of the Council, and provides necessary follow-up. _ Directs the timely implementation of priorities and provides periodic status reports. _Average Score (II-B) (total points divided by 11) C. COMMUNITY RELATIONS: 15% OF EVALUATION _ Functions as "Ambassador" for the City. _ Effectively communicates City policies and general information to the public. Responds to complaints from citizens. Works effectively with members of community organizations. _ Works cooperatively with the School District and neighboring communities. _ Interfaces appropriately with county, regional, state, and federal agencies. Manages emergency and controversial issues well. _Average Score (II-C) (total points divided by 7) - III. ANNUAL GOALS AND OBJECTIVES: 20% OF EVALUATION r/ A. Objective: l ; Results• B. Objective: Results: C. Objective: Results: D. Objective: j . Results: Average Score (III) (Total divided by 4) I IV. SUMMARY COMMENTS: A. What are the City Manager's major strengths as you see them? B. What areas need the most improvement? Why? What constructive, positive ideas can you offer the City Manager to improve these areas? j C. Other Comments (if any). D. SCORES BY SECTION: I x 15% IIA x 30% = B x 20% = C x 15% = III x 20% = CUMMULATIVE WEIGHTED SCORE = Mayor Date Council Designee Date City Manager Date I I n I MEMORANDUM TO: Council Members FROM: Mayor Peterson DATE. March 3, 1987 SUBJECT: Communication We have had occasional discussions related to conducting,our Council meetings on cable T.V. There has also been some reference to a regularly scheduled cablecast of community concern and interest. Inasmuch as we are all aware of the importance of communication.within>and among all segments of our City, especially in this period of rapid growth, and realizing that an informed population is also an involved population, and wanting to involve our residents in their city and its future, we are committed to effective methods of communication. I suggest, for your consideration, that we ask Staff to explore: 1) the feasibility of regularly cablecasting our Council meetings, and 2) the feasibility of a periodic (quarterly, monthly, weekly) cable show is specifically related to issues, persons, and events that affect Eden Prairie. The study should include costs of equipment and. Staff time, as well .as informed opinion regarding the effectiveness of various formats. The study might also address the need for a Staff person with expertise in communication, either present or future hire. Please reflect on the above and be prepared to discuss the concept at our next regular meeting, March 17. Thank you. GDP:sg i i ,I { MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie SUBJECT: Policy on Smoking at New City Hall and Other City Buildings DATE: March 13, 1987 Pursuant to the Council's direction at the March 3 meeting, the following policy is recommended regarding smoking at the new City Hall and other City owned buildings: 1. Smoking at the new City Hall facilitiesis prohibited, except that prior to January 1, 1988, City employees who choose to smoke may do so only in the small conference room adjacent to the Council Chambers and only with the,doorto that room closed. Any time taken for smoking, other than during usual break time, shall be kept to a minimum and shall be made up by taking correspondingly less break time or by working extra time. 2. The City Manager shall develop and implement similar policies for all other City owned buildings. i 3. Employees who violate these policies shall be subject to the I discipline procedures for violation of the City's personnel policies. 4. As an incentive for employees and/or their immediate family members to quit smoking, the City will reimburse employees for 80% of the cost of participation in an approved non-smoking program. The total amount of such reimbursement shall not '- exceed $400 per family unit. The enclosed article "Up in Smoke" describes the serious health problems that can result from smoking in the workplace and the increasingly restrictive preventative measures=that employers are implementing. It is also evident that employers are being held liable.by the courts for not taking action to prevent smoke in the workplace. The eventual goal of a totally smoke-free environment seems very justifiable and probably inevitable. CJJ:jdp Lighting up on the job has erupted into a burning issue. 4t. � t � �1 rt !•.4 tti•."C r.xnas�.tti t t�w-sn t•> �, .rp .•�_..r,._-� COMPANY SM010GA94 ' r f e -- :> 8fi9naNlbw�aD "S-(6U.YA', :M 6Pf-ON&To THE fblNt WHER SMOKING CAN BE HAZARDOUS 10 CUR NEAVH!" by Daniel W. Nixon hadn't known it was damaging her health. Palm decided to sue her employer for damages and filed a claim with the national Social Insurance Board �or Gun Palm,there was nothing"passive"about for full compensation from industrial injury.The board the smoke that drifted over from her colleague's rejected the claim,instead awarding her 90 percent of cigarettes. She was a nonsmoker, while her co- salary,the normal sick-pay benefit.Soon after,in 1982, workers were mainly in the habit of lighting up. Palm died. But her family took the case to Sweden's Palm worked as a technical draftswoman in a machin- Supreme Insurance Court. In 1985 the court ruled that ery design office at Gotaverken Arendal shipyard in passive smoking had caused Palm's lung cancer and Stockholm,Sweden.After 14 years,her work continued classified her disease as an industrial injury, holding to give her great reward,but the smoke she encountered Gotaverken Arendal liable. The court then ordered the daily was becoming more annoying than ever. firm to pay the family U.S.$18,000 in damages. Then,in 1976, Palm developed a cough. The cough This case and a groundswell of others in a number of became worse and wouldn't go away.She went to see a countries,especially the U.S.,has helped spark calls for doctor—and was shocked to learn that she had lung curbs on smoking in the workplace.Thirty-five states cancer. Her trauma turned to fear, then anger. Palm and the District of Columbia now have laws that limit had thought her colleague's smoking detestable—she smoking.Probably the strictest is New Jerseys,which �.wIINIM xI Numll U tly Yf NM�SSH)F p I 111 U 1(.lull($Y-All I.0 12 i required employers to implement plans for smoke-free the U.S. each year, in the form of heart disease, work environments by March of 1986.New York,Con- emphysema, chronic bronchitis, and cancers of the necticut, and over two dozen other slates prohibit or lungs, mouth, throat, pancreas, and Madder. The restrict smoking in government and health-care offices Worldwatch I nstitute claims the habit annually causes and some types of businesses,such as food-preparation 2.5 million deaths worldwide. In addition, Koop calls centers and retail grocery stores,not to mention public cigarette smoking the number one Occupational health institutions. And California law protects some to mil- hazard—and single most preventahle cause of illness lion workers from secondhand cigarette smoke by ban- and death—and urges that it be. banned in the work- ning their exposure to the toxic chemicals it contains, place,as well as all other public areas. Whether people should smoke around nonsmokers uch of the debate swirls around "passive" on the job—or anywhere—has become a volatile issue, or"sidestream"smoke.For years,smokers at times igniting anger. In 1984,Oregon's State Ac- who were willing to assume responsibility cident Insurance Fund (SA1F) introduced extensive fo 4� r the risks their habit posed to themselves smoking restrictions, preventing the practice in open maintained it didn't affect nonsmokers around them. areas and at desks but permitting it in private offices.A But mounting evidence refutes this. In late 1986 both two-pack-a-day data processor, who could see his the Surgeon General's Office and the National supervisor puffing away in his office,enclosed his 2.7- Academy of Sciences issued reports concluding that square-metre(9-square-foot)work space in heavy clear nonsmokers are at significant risk for lung cancer from plastic. Then he hung a door on it that bore the sign, the smoke of cigarettes,pipes,and cigars(see Tobacco:a "Smoking permitted area." heavy toll on health,page 15).Similar information comes Fearing for the man's health and the building's safe- from researchers in japan and West Germany, who ty,SAIF management persuaded the employee to dis- state that smokers'spouses are two to three times more mantle his"office"three days later.It also changed its likely to die of lung cancer than those of nonsmokers. policy to ban smoking in private offices as well. Surgeon General Koop asserts involuntary smoking At a county government office in Washington, causes more deaths—up to 5,000 each year—than all U.S.A., a nonsmoking employee became exasperated other airborne pollutants combined, except asbestos. with his chain-smoking manager for designating the "Simple separation of smokers from nonsmokers will former's office a smoking area.He then began surrepti- not eliminate the risk of disease,"Koop declares."The tiously snuffing out cigarettes in their ashtrays,by drip- right of the smoker stops at the point the smoke causes ning water from a paper cup. Infuriated,the manager disease in others." reatened to fire him. Workers who smoke also cost their employers mon- With more work areas off limits to tobacco, some ey—$69 billion a year in the U.S.alone,according to smokers feel like a persecuted minority.A reporter at the Office of Technology Assessment,an advisory arm the San Francisco Chronicle,where smoking is banned in of Congress.The reasons:high medical expenses,stem- the newsroom and most of the newpaper's offices,com- ming from accidents and illnesses;lost productivity,ab- plains, "We go out and defend other people's rights, senteeism,premature death,added maintenance costs, and inside the Chronicle here's a class of people who and steeper health insurance premiums.Weyerhaeuser have no rights." Company,for example,figures smoking is a$5 million- Adds a TV broadcaster in New York City,"There's a a-year liability at its headquarters in Seattle,Washing- new tyrannical majority that wants to deprive the rest ton, due to the reasons cited above.And in California of us of our rights." and Iowa, nonsmoking workers forced to resign be- But is the question of whether smoking should be al- cause of tobacco smoke—and whose employers refuse lowed on the job really one of rights? to provide smoke-free work areas—are eligible for No, argues Frank Wetzel, executive editor of the unemployment compensation.That makes employers' Bellevue (Washington) journal American. In a book insurance premiums in those states higher. called "The Smoke-free Workplace,"by William Weis Viewed from a closer angle, the U.S.Office of Dis- and Bruce Miller (Prometheus Books), Wetzel tells ease Prevention and Health Promotion calculates each about a reporter who complained the paper's ban on smoker costs his employer$300 per year and often smoking was an erosion of personal liberties.Wetzel re- much more. But the Smoking Policy Institute at the sponded: "Your comment about (smoking being) the Albers School of Business in Seattle, Washington, next freedom to go tells me that you have missed the claims the figure is closer to$4,500. whole point. We aren't dealing with something that Many companies restrict or prohibit smoking on the 'bothers' people, for heaven's sake—we are dealing job,especially in the U.S.,Europe,and Australia.A sur- with something that is harmful to their health." vey by the Bureau of National Affairs,a private Wash- Medical experts certainly have no argument. U.S. ington,D.C.-based consulting firm,finds 40 percent of -geon General Everett C.Koop says tobacco smoking U.S. companies ban smoking in all open work areas ...As 350,000 people—one out of every six deaths—in and 21 percent are considering such measures.Among THE ROTARLNIMARCH 1"? 13 - the largest is Pacific Northwest Bell(PNB)in Seattle, ating a lot of questions from employees that were Washington.Since 1985,PNB has prohibited smoking difficult to answer. Such as 'if you're so concerned in all 750 buildings where its 15,000 employees work. about our health and well-being, why do you allow ( Says Len Beil, PNB's director of Human Resources smoking in the workplace.'" 1 planning,"At first(1983),eve went no-smoking in our PNB then considered remodeling its ventilation sys- training and conference rooms and set aside space for tems to try and accommodate everyone.But it blanched smokers in our company cafeterias. But elsewhere we at the cost: $60,000, Finally,management decided for left it up to individual groups as to how they wanted to health and economic reasons to eliminate smoking al- handle it.We thought that policy would work—but it together. didn't work at all." How did PNB implement the ban?First,it formed a Beil explains that workers in departments where committee of nonsmokers, smokers, and ex-smokers, smoking was curtailed would simply walk over to areas representing health-care, safety, and other depart- with weaker restrictions to light up. Arguments ments,along with unions.It also engaged the Smoking between nonsmokers and smokers continued. Policy institute as a consultant.The committee then an- At the same time,PNB was participating in no-smok- nounced the policy three months prior to invoking it, ing initiatives like the American Cancer Society's Fresh- giving the 28 percent of the work force that smoked a start program and the Great American Smokeout,along chance to respond. Some of the smokers circulated a with encouraging workers to practice good health and petition in protest,asking PNB to consider setting aside fitness.But Beil says these activities were also,"goner- smoking lounges and other compromise measures. ftf. r 1 fu o o a � O / J '7 } I t t 11. lj tg HIn 7i;t t 8 I Pra%ing by loco Blom z 14 After one month, the personnel department received torial."And as a major participant in the field of health- only 40 signatures.PNB went ahead with the ban. care financing,we have an obligation to prove that,if The majority of smokers thonnlghly understand the properly conceived,asmoke-free environment is attain- policy and accept u,"says Be'I. able.This isn't a crusade.This is a business decision." PNB ako asgas omplovoe,, spouses, and del'en- for a similar mi of nasonc, 17,i Iti'hig Standard of dents who want to atop smoking. It offers a variety of Kingston. On, Canada, also severely curtails smoking programs--acupunnurc, hypnosis, and aversion Cher- i among; its 200 nx•mber staff. 'Our policy is that you apy, among them—and pays lull cost. Of the 1,600 don't hate to be a nonsmoker to work here. You just smokers who have tried to quit,44 percent report they can't smoke anywhere in the office,except for two des- have succeeded;30 percent have significantly cut back, ignated areas," explains the newspaper's owner and By June 1987, smoking restrictions that stop just publisher,Michael Davies.The two areas have special short of PNB's will extend to 55,000 telephone workers smoke digestors and exhaust systems. in Colorado and other western states. "The policy is a fait accornpli," Davies adds. "It's '14 ooing Aircraft,headquartered in Seattle,is also given employees who smoke an incentive to stop and jumping on the smoking "banned" wagon. made it much more pleasant for the majority of people Since July 1986,it has prohibited the practice who don't smoke." among 6,000 workers in 30 buildings, and For Davies, technology was a critical consideration, plans to eventually include all 80,000 of its domestic in addition to health. employees.Explains Health Promotion Manager Rusty "You have to clump computer terminals, especially Sifferman,"We wanted a track record to see what prob- in a newsroom.Often,a smoker feels he has to keep a lems might arise with a company this size. We don't cigarette going in case he needs to take a puff,as part of know yet if the ban will go one company at a time or all the creative urge, or whatever, while he's writing— at once or when that will happen. But we've had no especially if he's on deadline and it's stressful. There major problems." were a lot of cigarettes just sitting and blowing up into Boeing also conducts monthly Freshstart smoking- someone else's face. cessation programs at several worksites. If a worker is "Then we tried smoking and nonsmoking terminals. still unable to quit and needs outside help, the com- But newspapers don't have enough terminals on dead- pany picks up 80 percent of the cost up to$160. line as it is—separating them made it even worse. Fi- Three thousand home-office employees at Lincoln nally, we just said, 'This is ridiculous.' And when all `lational Corporation, an insurance holding company the news started coming out about the harmfulness of ased in Ft.Wayne,Indiana,also work in a smoke-free secondhand smoke,we decided to get rid of it. environment. Beginning in 1982, the firm restricted "We also gave up well over$50,000 a year in tobacco smoking to work areas and cafeterias, then to em- advertising—and that impressed our employees.They ployee's desks,and finally prohibited it completely. said,'Hey,these guys are really serious.'" Why?Health was a key reason,but not the only one. Businesses and organizations outside the U.S. and "We simply can't afford their habit,"wrote corporate Canada are also beginning to snuff out smoking on the president Ian Rolland in a January 1986 Nrmsweek edi- job.Telecom Australia prohibits it in worksites at risk . SiiMbt.l ;Tobacco: a heavy toll,on le' alth F>,ar �� •: - , ...w1 " xi t 'a '..a rjl..ltievlpr I •Smoke from cigarettes, cigars,.and pipes kills. d A pack-and-a-half-a-day cigarette smoker.I'iA 350,000 people in the U.S.,including nonsmokers; nually gets a dose of radiation in parts of his°lungs�''1 ' every year,through heart disease,stroke,emphy equal to the exposure of his skin to about 300 chest4V semas#rronic bronchitis,and cancers of the lungs,, X-rays. (University of Massachusetts,Medical :mouth throat,pancreas, and bladder. Tobacco is. ,•Center).', :1 theieading cause of premature death in that nation 1j Smokers'spouses incur up to three times the iiskit i,and responsible for one out of.every.three cancer.y ofcdying'from lung cancer compared to'thoseiti i ]deaths rinduding.85 percerit;of those frbm'Aiit tt[ bnsmokers ,(Various studjes in Japan'.WesE'J(oe�" .cncer U.S.Surgeon General) , ad the U.S.)y, 't ,7 'A ' tfobacco smoke contains more than 1500 toxLts % Chilt en whose parents smoke are twice li I '".iriduding'carbon monoxide,thydrogengcyanide zget neumotiia and}bronchitis than those "f methane;'vinyl;;chloride,.fforutaldehydeif.il 1 es., pnsmoking parents 1(Woridwatch lrtstitute) !randuretJtane:.(American,CancerSodety)� regrum womentlwh0'Vmoke r9sk?pe t t Is Smokers are hospitalized twice as.oftenas rtori4r nce of rruscairiage "nd infant mortality, ei ismokerstand have twice as many acadents:(Bureau" can Cancer Sudety)tQf ' "of Business Practic [U.S.])e t n•''I att++�:,?`y?{{� 1.'' �r '"c THE ROrARIAN/MARCH 1967 1s to fire and equipment damage,as well as conference A few but growing number of employers,especially in and training rooms, restrooms, elevators, and food- the U.S.,are refusing to even hire smokers.Louisiana handling areas.Dining rooms are divided into smoking Pacific Corporation, a Portland, Oregon-based timber and no-smoking sections,as are offices where,as Man- company,began employing only nonsmokers last year. aging Director L,vla Gregoriou says,"it can be achieved It is also phasing in a total ban on tobacco use that without significant additional costs or manpower and becomes fully effective in June 1987. loss of efficiency,Signs are provided for staff to displav "The company is very serious about it,"said Gary on their desks,if they wish to indicate to others they Maffei,director of personnel and employee relations,in prefer a smoke-free personal environment."Employees an interview with The Oregonian. "If we catch them are also not permitted to smoke in public-service areas, smokingon the property,it'sgrounds for termination." In addition, Telecom Australia helps tobacco users The Police Department of Holden, Massachusetts, who want to quit by providing paid leave for up to also prohibits smoking on or off the job, a policy eight, one-hour counseling sessions, sponsored by backed by a labor contract negotiated in 1985. The agencies like the State Health Department,Anti-Cancer primary motivation: health. High blood pressure and Council,and National Heart Foundation. heart disease had forced three officers to retire on dis- Smoking restrictions are most common among ability pensions.Two were smokers, smaller companies,where closer working relationships While some officers on the 19-man force had smoked predominate.In Sweden,the National Board of Health prior to the ban, they quit the habit after the contract and Welfare issued recommendations in 1983 limiting was signed. The department says peer pressure now tobacco use to designated areas in the workplace and acts as the best means of enforcing the policy. elsewhere.While not binding,about 50 percent of em- Perhaps the strongest action has come from USG ployers follow them, according to VISIR, a Swedish Corporation (formerly U.S. Gypsum), a manufacturer anti-smoking lobbying group. A number of hospitals of soundproof tiles based in Chicago, Illinois, U.S.A. and government offices are also smoke-free. The firm recently announced smoking employees will t Cadazzo, a Swedish manufacturer of water- either have to quit the habit or their jobs.It says plant treatment systems for whirlpool baths and workers are at greater risk to lung cancer from the com- other products,only two of 50 people on the bined effects of smoking and dust from handling the staff smoke.The pair are allowed to light up in tiles,which are made of a steel byproduct. their offices, but can only receive visitors in specially USG will offer a paid program to help workers quit designed offices elsewhere at the worksite. Nor is smoking and give pulmonary function examinations smoking allowed in the company's factory,except in a each year.However,the no-smoking rule applies to the special room. plant's 1,300 workers and not to office staff at the com- "We have put so much money into giving every em- party's headquarters. ployee fresh air," says Cadazzo Production Manager Smoking bans,whether applied on the job or in hir- Kjell Anderson, "why should we allow people to de- ing, appear to be legal in the U.S. (see Legal Actions stroy good working conditions by smoking?" Mount,page 17).According to A.Judson Wells,special Japanese firms that restrict smoking tend to be those assistant to the American Lung Association, smokers run by nonsmokers.Noevir Company,a cosmetics and are not a protected class,unlike members of minorities health-food manufacturer,bans tobacco use at its three and the handicapped,and so have no legal recourse. factories,one laboratory,two administration buildings, Still,some managers are reluctant to curb tobacco use and 65 branch offices.The reason:in 1978 a friend of on the job.Why?In their book"The Smoke-free Work- corporate President Hiroshi Okura died of cancer,con- place," Weis and Miller, who interviewed scores of vincinghimthe firm's employees should stopsmoking. company managers,explain: Complaints from Cambridge University Press em- "Many employers ignore complaints about smoke for ployees about headaches and sore throats due to stale fear of upsetting or losing employees,some of whom and stuffy air prompted the British publisher to phase are important executives...They worry smokers will out smoking in 1985.It was initially allowed in coffee- become resentful and revengeful and may even file suit break areas after 10:30 A.M.,then,a month later,only ... Some pretend the smoking issue will go away... after 12 noon. Finally it was limited to one enclosed Or that the tension will end when all the smokers quit room. Employees must check out to smoke there on smoking.Others simply don't know what to do." their own time, then clock back in. As the company Additional fears Weis and Miller cite are: operates on flextime, smokers can make up the lost •A no-smoking policy will lose customers. time by extending their workday. •Banning smoking on the job is illegal. "The emphasis throughout was always on the health •Secondhand smoke is not a health hazard. of the staff,"asserts Managing Director Tony Wilson, •Labor unions oppose on-the-job smoking restrictions. "not just on the question of convenience for smokers Nevertheless, contend the two no-smoking ad- versus the discomfort of nonsmokers." vocates, "Whether management likes it or not, the re it 1982)—An employee of the Social Security Admin- Legal actions mount istration(SSA) took his demand for a smoke-free work station to arbitration, represented by Local More nonsmokers are suing—and winning 123 of the American Federation of Government / —lawsuits against employers who fail to provide a Employees.The arbiter ordered SSA to ban smok- t smoke-free work environment. The following is a ing on the fifth floor of its computer center build- small sample, in addition to the case in Sweden ing,where the employee worked. mentioned on page 12: •Smith vs. Western Electric Co. (Missouri, •Hart vs. Ansett Airlines (Sydney, NSW, Aus- U.S.A., 1982)—The Missouri Court of Appeals tralia, 1986)—A telephone switchboard reception- overturned a trial court dismissal and ruled in favor ist, who claimed she suffered nausea, headaches, of an injunction sought by a worker to prevent and respiratory distress from secondhand tobacco smoking at his place of employment.The Appeals smoke,sued her employer for alleged damages on Court said the company had failed to"exercise its the job. She had worked in a small office for six control and assume its responsibility to eliminate years. In an out-of-court settlement approved by the hazardous condition caused by tobacco smoke the New South Wales Compensation Court,Ansett ...(and that it had)breached its duty to provide a Airlines paid the woman A$20,000, reasonably safe workplace." •Parodi vs.Merit Systems Protection Board(San •Anderson vs. Anoka County Welfare Board Francisco, California, U.S.A., 1982)—The U.S. (Minnesota, U.S.A., 1982)—An employer fired a Ninth Circuit Court of Appeals ordered the federal county social worker who had complained to her government to choose one of two courses of action department manager about tobacco smoke in the concerning one of its employees,who had asthmat- office.A jury awarded the woman$4,500 in com- ic bronchitis and worked in a smoke-filled environ- pensatory and punitive damages. ment.The options:to provide suitable employment •Shimp vs. New Jersey Bell Telephone Co. in a smoke-free area or pay the employee$500 a (1976)—An office worker who suffered eye abra- month plus allowable increases until retirement sions and nosebleeds from tobacco smoke sued her age.The woman was also awarded$20,000 in ret- employer,who was about to fire her.A trial court roactive disability pay, granted an injunction,compelling the employer to •FMCS Arbitration Case (Washington, D.C., make her work area smoke-free. move for nonsmokers' rights is irreversible ... The at the outcome of PNB's smoking ban six months after movement is not only raising a moral issue but also it took effect. His findings:25 percent of the smokers 1 :alling attention to the high cost of permitting smoking had already signed up for programs to help them give on the job ... No law gives employees the right to up tobacco.None had left their jobs. smoke on the job,with or without company policy." But while more companies in industrialized countries Looking ahead,it is difficult to disagree.Seventy per- are tossing tobacco out of the workplace,agencies like cent of the U.S.population no longer smokes,according the World Health Organization(WHO)are concerned to the Office on Smoking and Health.A recent Gallup about the Third World, where smoking is steadily on Poll shows that nine out of 10 smokers want to quit and the rise. that 75 percent of them believe they shouldn't light up "In the long run, the consequences of sickness and when nonsmokers are around. disease,workdays lost,and the drain on resources will The trend is particularly prevalent at the upper man- be far greater than the short-term gains of tobacco-gen- agement level. Robert Half, president of the interna- erated income," says William Chandler in a World- tional recruiting firm bearing his name, points out. watch Institute report,reprinted in WHO's World Health "Today only one out of five top corporate executives is magazine. According to Chandler and WHO experts, a smoker, and there is every reason to believe the cigarette-related diseases are already killing more peo- number will continue to shrink." That information is ple in Third World countries than infectious diseases. based on the firm's 1986 survey of 100 of the largest "If current trends persist," warns Dr. Michael U.S.companies. McGinnis, deputy assistant secretary of Health and s the smoking lamp in the workplace dims,it is Human Services (U.S.), "tobacco will be the leading likely most tobacco users will willingly adapt. cause of death in developing countries in 20 years, Says attorney Ed Shaw of Pacific Northwest overtaking malnutrition." Bell(PNB),a smoker,"The truth is,1 just plan Should smoking be permitted in the workplace or to quit.That's how I'll cope." anywhere in the public arena?Amidst the Burry of ar- Growing numbers of smokers are doing just that, guments touched off by that question,at least the battle Others will continue to puff away in nonrestricted areas lines are becoming clear. A minority's scorched pre- or on their own time.But there are almost no cases of rogatives are being pitted against threats to the major- iokers quitting their jobs to find work elsewhere.San ity's health. Francisco,California,researcher Michael Martin looked •Daniel W.Nixon is an assistant editor of THE RO'TARIAN. THE ROTARIAN(MARCH 1997 17 LOUU