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HomeMy WebLinkAboutCity Council - 11/17/1987TUESDAY, NOVEMBER 17, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: EDEN PRAIRIE CITY COUNCIL . 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock 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 Sue Anderson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special City Council/Planning Commission meeting held Tuesday, October 20 1987 B. Regular City Council meeting held Tuesday, October 22, 1987 III. CONSENT CALENDAR A. Resolution Authorizing Sale of Property to State of Minnesota for State Highway No. 5 Right-of-Way (Resolution No. 87-310) B. 2nd Reading of Ordinance No. 55-87, amending Chapter 2 of the City Code riTifirit the posting of a schedule of the regular meetings of the Council and special and emergency meetings C. Final Plat Approval for Shady Oak Ridge (located west of Old Shady DiribiTind north orkowland ATad) Resolution No. 87-301 -- D. Final Plat Approval for Berne Addition (located on Franklin Circle north rVaiiey View Roaar -Kesolution No. 87-304 E. Approval of License Agreement with Chicago and Northwestern Transportation Company for construction and maintenance of a 24- inch watermain crossing railroad property on Valley View Roid --- F. Receive petition for street and utility improvements for Franlo Road south of Prairie Center Drive and authorize preparation of a feasibility study, I.C. 52-13I -TRisolution No. 87-305) G. Authorize Mayor and City Manager to execute easements for the Metropolitan Waste Control CommisTioii -T6FThi-TiairTaTiOn -7 the proposed Red Rock Interceptor through City-owned properties Page 2882 Page 2888 Page 2900 Page 2792 Page 2901 Page 2904 Page 2906 Page 2911 Page 2913 City Council Agenda - 2 - Tues.,November 17, 1987 H. Approval of Community Center Operational Modifications I. RAVEN RIDGE II by The Cambridge Group. 2nd Reading of Ordinance No. 50-87, Zoning District Amendment within the RM-6.5 District for Raven Ridge; Approval of Developer's Agreement for Raven Ridge II; and Adoption of Resolution No. 87-306, Authorizing Summary of Ordinance No. 50-87, and Ordering Publication of Said Summary. 3.04 acres into 16 lots and 2 outlots for construction of 16 townhouse units. (Ordinance No. 50-87 - Zoning District Amendment; Resolution No. 87-306 - Authorizing Summary and Publication) J. Resolution No. 87-311 extension of Bond Authorization for the Prairie Village Apartments for 1 year to December 22. 1988 K. Approve Change Order No. 1 for Community Center IV. PUBLIC HEARINGS A. BLUESTEM HILLS 4TH ADDITION by Brown Land Company. Request for Planned Unit Development Concept Review on 15.94 acres, Planned Unit Development District Review on 15.94 acres with variances, Zoning District Change from Rural to R1-13.5 on 10.57 acres with Shoreland variance to be reviewed by the Board of Appeals, Zoning District Amendment within the R1-13.5 District on 5.36 acres, and Preliminary Plat of 15.94 acres into 27 single family lots, 3 outlots, and road right-of-way. Location: West of Bennett Place and Bluestem Lane. (Resolution No. 87-250 - PUD Concept; Ordinance No. 45-87-PUD-11-87 - PUD District and Zoning District Change; Resolution No. 87-251 - Preliminary Plat) Continued from September 1 and September 15, 1987 B. STARRWOOD by Cardarelle & Associates. Request for Zoning District Change from rural to R1-13.5 on 22.4 acres, Preliminary Platting of 29.19 acres into 42 single family lots, 2 outlots, and road right-of-way. Location: North of Research Road, east of Mitchell Road, southeast of McCoy Lake. (Ordinance No. 56-87 - Rezoning to R1-13.5; Resolution No. 87-307 - Preliminary Plat) C. BLUFFS EAST 5TH ADDITION by Hustad Development Corporation. Request for Zoning Distrtict Change from Rural to R1-13.5 on 17.68 acres, and Preliminary Plat of 30.1 acres into 34 single family lots, and road right-of-way. Location: Southeast of Meade Lane Lane extension, west of Franlo Road, northwest of Antlers Ridge extension (Ordinance No. 57-87 - Rezoning to R1-13.5; Resolution No. 87-308 - Preliminary Plat) D. Proposed Amendment to City Code, Chapter 11, Section 11.03, Subdivision regarding screening and landscaping (9rdinance No. 58-87) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS REQUESTS & COMMUNICATIONS A. Request by Ryan Construction Company on behalf of Jerry's Super Valu (continued from November 3, 1987) Page 2914 Page 2939 Page 2947 Page 2953 Page 2957 Page 2958 Page 2969 Page 2985 Page 2992 Page 2846 £ 2993 City Council Agenda - 3 - Tues.,November 17, 1987 B. KADA INC. ADDITION by Karp's Twin City Supply Company. Request for Preliminary Platting of 4.1 acres into I lot. Location: North of Highway #5, south of Martin Drive, west of Mitchell Road. (Resolution No. 87-309 - Preliminary Plat) VIII. REPORTS OF ADVISORY COMMISSIONS A. Residents Advisory Committee on City Administrative Offices Final Report IX. APPOINTMENTS A. Appointment of member to Southwest Metro Transit Commission X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members I. City Manager's Performance Review B. Report of City Manager I. Set Special City Council meeting at 6:00 PM on December I IM for report on Comparable Worth Way 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 Page 2994 Page 3000 Page 3023 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL JOINT CITY COUNCIL/PLANNING COMMISSION MEETING TUESDAY, OCTOBER 20, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLANNING COMMISSION MEMBERS: PLANNING COMMISSION STAFF: 6:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, and Recording Secretary Jan Nelson Julianne Bye, Christine Dodge, Bob Halllett, Charles Ruebling, Edward Schuck, Richard E. Anderson, and Douglas Fell Director of Planning Chris Enger ROLL CALL: All City Council Members were present. Commission Members Schuck and Anderson were absent. Commission Members Bye, Dodge, Hallett and Ruebling arrived late. A. CALL MEETING TO ORDER Mayor Peterson called the meeting to order at 6:15 PM. B. ITEMS OF CONCERN FOR FUTURE DISCUSSION Commission Member Fell said as a structural engineer he has some concerns about parking structures in the City. He said there are a variety of designs and some very cheap construction that may deteriorate rapidly. He said he thought we should find out what other cities are doing about regulating the construction of such structures and begin implementing some guidelines. A discussion followed regarding such regulation by other cities and by the state, and what problems could develop because of poor construction. 1. Development of Environmentally Sensitive Areas (i.e. slopes, etc.) Commission Member Fell said he was concerned about contractors who build the same house on a sloped lot as on a flat lot. He said this can cause unbalanced soil pressures and may cause a deck or other portion of the structure to collapse. He suggested that we might consider having a structural engineer on the Staff to inspect such structures. Bentley said he was not sure what type of liability we would get ourselves into if such a structure were inspected and passed by our Building Department and then inherent engineering flaws occurred. 72-2 City Council/Plan. Comm. Minutes 2 October 20, 1987 Fell said he was also concerned about the effect on existing homes if we were to come out with certification procedures for steep slope lots. Harris said these concerns were raised during the discussion of a recent project and she thought we do need to be more sensitive t o development in these areas. Pidcock asked if our inspectors would have the expertise to che c k on this type of construction. City Manager Jullie said the pla n s are reviewed by the plan checkers; however, Mr. Schmieg who is a n engineer has expressed concern about the homes being built on t h e steep slopes. Pidcock asked if it would be feasible to require an engineering inspection for construction on lots beyond a certain degree of slope. Jullie said we have the capability of requiring such inspections if we feel it is appropriate. Peterson asked if we have any standards in place. Jullie respon d e d that we do not and noted that some of the newer projects that wi l l be coming on line are in areas with bluff-type conditions an d w i l l pose potential problems. 2. Relationship of Footprint to Lot Size for Residential Construc t i o n Bentley said he thought the previous discussion ties right int o this topic and the plans for R1-44 lot sizes. He said the que s t i o n is how do we implement that at this stage of the game. He said there would have to be extensive study done in advance regardi n g which areas were talking about and if there are enough areas l e f t to be impacted. Harris said it was important for the Commission to understand t h a t , as a first step, it does have the support of the Council in ter m s of review of these unique situations and in terms of requiring developers to reconsider the engineering requirements for this t y p e of situation. Planning Director Enger noted that footprints, steep slopes and R1-44 are different ways to approach the steep slope problem. H e said the recommendation for Bluestem IV was that the developer should construct the lot so that it is a typical lot for a typic a l home. He said this required the developer to construct a build i n g pad ahead of time with a structural retaining wall and with a proper amount of back yard so that any builder could come in a n d build a traditional house. The retaining wall would have been designed by a soils and structural engineer, constructed by a contractor/developer, and reviewed and inspected by a structur a l and soils engineer. He said Staff thinks this is a tool that c o u l d work in a number of additional areas. Enger said Staff is continuing to look at R1-44 and footprint requirements. He said this might include designing criteria t o b e placed in the platting or zoning ordinance which would describ e a City Council/Plan. Comm. Minutes 3 October 20, 1987 category. He said all these possibilities might be tied together to develop some guidelines. Commission Member Hallett arrived at 6:35 PM. Peterson said he was not sure about the effectiveness of R1-44 keeping houses away from steep slopes. He asked if we would want to work with someone who wants to build something dramatic on a steep-sloped lot or if we would stay away from that sort of thing. Enger replied he thought this was a difficult situation that would require a very comprehensive review and would require that a soils engineer be involved. Enger said he thought the City should try to review subdivisions to keep those situations to a minimum. Commission Member Dodge arrived at 6:40 PM. Peterson asked if Staff and the Commission would appreciate having predetermined criteria that would automatically trigger into a certain type of building situation in order to provide a mechanism to respond to the builder. Enger said they would. Peterson then asked if Staff is working on such criteria. Enger responded they have not started yet. Anderson said he thought the concern was not so much with the occasional unique structure as with the increase over the past few years in the size of the house built while the lot size remains the same. He said this takes up more of the unique space in a project. He noted that we are allowing these houses to be built and then turn around to request review by the Board of Appeals because the house doesn't fit the lot. Bentley said he thought we should not overlook the possibility of using the R1-22 designation in some areas as well. He said he would like to have Staff work to: 1) determine where these areas exist; and 2) which areas might be best served by R1-44 or R1-22 zoning due to the degree of slope or the nature of the soil. He suggested that Staff do the bulk of the research work on this, bring it to the Planning Commission for a thorough review and then come to the Council with recommendations. Commission Member Fell said he thought there is a problem with going to a larger lot; however, it might be possible to work out a setback requirement from the slope. Commission Members Ruebling and Julianne Bye arrived at 6:45 PM. Commission Member Hallett asked if it would be possible to determine the building pad for this type of lot and then require that the building stay within that pad. He said this would avoid variances and would provide a predetermination of where the house could be built. Anderson said he understood the concern about putting large homes on R1-13 lots, thereby losing all the trees and the hills on the lots when the house and driveway are constructed. He said we need City Council/Plan. Comm. Minutes 4 October 20, 1987 to determine what we are going to do with the last half of the Ci t y in terms of such things as trees and hills. Peterson asked if this wasn't another way of trying to enforce a tree policy. Anderson responded that it would be a way of determining unique areas and then protecting those areas. Bentley said he thought this might create unbuildable situations i n many cases because of the marketing concerns for such high-premium lots with developers being unable to get such high prices for the lots and therefore not being willing to develop such areas. Pidcock said there is a market out there for larger lots, even up to two acres. She said she saw nothing wrong in creating a new zoning classification for the higher priced lots if we could create one for the lower end of the market place. Hallett said he thought this was just an alternative; however, it would be possible to make a good sized footprint that most houses would fit in. Bentley noted that an ordinance can't be created that is so restrictive that it constitutes the taking of land. Peterson noted that it would be important to apply any such restrictions judiciously. Planning Director Enger said it would probably evolve along the lines of describing a vertical profile, so that a three-dimension a l lot would be defined with a certain number of feet setback from the slope, which would leave you with your buildable area. Be said this would require careful review of the subdivisions to be sure there was a large enough building pad and that it did not create a variance situation. Bentley asked what would happen in the situation where there is a slope that starts within 40 feet of the front lot line. Enger replied that the point would be to solve the majority of the problems coming through with subdivisions with the thought that there will always be specific situations that cannot be resolved within the guidelines. Enger said there might be additional criteria that would avoid platting on the steep lots. Harris noted there are always exceptions and those can always be dealt with on a case-by-case basis. Commission Member Fell said he wanted to be sure we provide legal recourse to the homeowner to go back to the structural engineer. Enger said they are concerned about the situations where the structure actually gets slid out past the face of the slope, and the developer may actually bring in fill for the slope. Anderson said he agreed wholeheartedly that we should have our Staff investigate and ident'Lfy the areas of concern. City Council/Plan. Comm. Minutes 5 October 20, 1987 4. Installation/Hook-up to Sanitary Sewer and Water Bentley asked what this question pertained to. Hallett responded that this was in relation to the southwest quadrant and the planning that goes into the location of multiples, etc. Hallett said they wanted to have input into how the picture fits together so they don't just react to developer's requests. City Manager Jullie noted this is one of the issues to be covered during strategic planning. Anderson said he wanted the Commission to know that we are starting that process. C. DISCUSSION OF ROLES OF PLANNING COMMISSION AND CITY COUNCIL IN THE CURRENT DEVELOPMENT REVIEW PROCESS Commission Member Fell said he was concerned about the recent situation where the Planning Commission went through a lot of discussion and their decision was then overturned. He said they could have gone further into some of the items in the project but they didn't feel it was appropriate after they voted to deny the project. He said he would like to see some other process to return an item to the Commission for further review in other areas rather than just reversing the Commission's decision. Commission Member Bye said they had worked out a system with Staff to limit the length of the meetings which precludes lengthy discussions on any one item, particularly if the project is denied. She said she thought the crucial issues for the next few years are the in-fill areas and the question will be whether the project fits and whether it is consistent. Peterson asked if the Commission has discussed and arrived at a consensus as to what the recommendation would be if the Council overturns a project that the Commission recommended for denial. Commission Member Ruebling said they had not discussed a recommendation but the important concept was that there be some sort of review situation in order to sure that the appropriate recommendations have been covered for those cases where the Commission has recommended denial by whatever vote and the Council recommends approval. He said they need to have a review process to cover all the important recommendations before the developer starts theproject. Bentley asked Enger if it would be appropriate to return to the Planning Commission between First and Second Readings for their review. Enger said it would. Commission Member Dodge said that in the particular project involved, the Commission didn't discuss the height of the fence between the residents lots. Bentley noted that the Council did discuss that at their meeting. Enger noted that on some of the controversial land use issues, most of the time can be spent on whether the land use is correct or not, thereby City Council/Plan. Comm. Minutes 6 October 20, 1987 not really addressing all of the other issues involved in the p r o j e c t . He said after the land use is resolved the Staff is very ineffe c t i v e with the developer in extracting special details. Peterson said he thought the review between First and Second Re a d i n g s was a good idea but wasn't sure how it will work practically, a s s o m e o f the people may refuse to consider any changes. Hallett said he didn't think there was anything to lose by foll o w i n g such a procedure. Bye noted that if the process works, it will help to clean up t h e projects. A discussion followed as to the procedure that would be used t o f l a g such items through the process. D. ADJOURNMENT The meeting was adjourned at 725 PM. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 20, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 EXECUTIVE DRIVE Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock 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 ROLL CALL: All members were present. PRESENTATION OF AWARD OF MERIT FROM MINNESOTA SOCIETY OF ARBORICULTURE Stu Fox introduced Ray Boltman, past president of the Minnesota Society of Arboriculture, who presented an Award of Merit to the City of Eden Prairie for a single major contribution in the fields of arboriculture or forestry. He said the award was in recognition of the land alteration ordinance adopted by the City in 1982 and a tree replacement policy adopted in 1986. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III. M. FOUNTAIN PLACE, by CSM Corporation; X. B. 1. Power Line Along Highway 5: X. B. 2. City Manager Performance Review Process. MOTION: Pidcock moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II. MINUTES A. Minutes of City Council meeting held Tuesday, September 8, 1987 MOTION: Pidcock moved, seconded by Bentley, to approve the Minutes of the City Council meeting held Tuesday, September 8, 1987, as published. Motion carried unanimously. 2 City Council Minutes 2 October 20, 1987 B. Minutes of City Council meeting held Tuesday, September 15, 1987 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the City Council meeting held Tuesday, September 15, 1987, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Award bid for Community Center Repair C. 2nd Reading of Ordinance No. 52-87 regulating the sale of strong beer D. Request from Ray Stodola to sell land adjacent to Eden Valley Park E. Resolution No. 87-286 approving State Bonded Fund Grant for Acquisition and Development of Riley Lake Park Expansion F. Final Plat approval for Cardinal Hills (east of Baker Road, west of Highway No. 494) Resolution No. 87-289 G. Final Plat approval for Shady Oak Crosstown Addition (Amoco Station south of the Crosstown, east of Shady Oak Road) Resolution No. 87-290 H. Change Order No. 1, Watermain Extension from Baker Road to Rowland Road, I.C. 52-117 I. Resolution approving the establishment of a Water Maintenance and Repair Fund by the Riley-Purgatory-Bluff Creek Watershed District (Resolution No. 87-287) J. Resolution requesting participation in maintenance and repairs in the Riley-Purgatory-Bluff Creek Watershed District (Resolution No. 87-288) K. Grading Permit for Olympic Hills Golf Course L. Approve Grading permit for portion of Lot 12, Eden Prairie Acres M. FOUNTAIN PLACE, by CSM Corpooration. 2nd Reading of Ordinance #40-87-PUD-9-87, Rezoning and Planned Unit Development District Review from Rural to PUD-9-87-RM-2.5; Approval of Developer's Agreement for Fountain Place; and Adoption of Resolution #87-281, Authorizing Summary of Ordinance #40-87-PUD-9-87, and Ordering Publication of Said Summary. 52 acres into 4 lots, 1 outlot, and road right-of-way for a 490-unit apartment project. Location: West of Highway #169, north of Columbine Road. (Ordinance #40- 87-PUD-9-87, Rezoning and PUD District; Resolution #87-281, Authorizing Summary and Publication) q City Council Minutes 3 October 20, 1987 MOTION: Bentley moved, seconded by Harris, to approve Items A - M on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. RAVEN RIDGE II by The Cambridge Group. Request for Zoning District Amendment within the RM-6.5 District on 3.04 acres, and Preliminary Plat of 3.04 acres into 18 lots and 2 outlots for construction of 18 townhouse units. Location: East of Edenvale Boulevard, South of Raven Court. (Ordinance No. 50-87, Rezoning; Resolution No. 87-282, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Chuck Benson, representing The Cambridge Group, addressed the proposal. Planning Director Enger said this project was reviewed by the Planning Commission at the September 28th meeting and was recommended for approval on a 5-0 vote, subject to the plans dated September 22nd and the recommendations of the Staff Report of September 25th. He said the major items of concern were building orientation and spacing between buildings; however, these concerns had been resolved with the elimination of two of the proposed units. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission reviewed this last evening and voted approval, per the Planning Commission and Staff recom- mendations. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading of Ordinance No. 50-87, amending Ordinance No. 25-78, for terms of rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to approve Resolution No. 87-282 approving the Preliminary Plat of Raven Ridge II for The Cambridge Group. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. AMERICAN FAMILY INSURANCE, by Opus Corporation. Request for Planned Unit Development Concept Amendment on 14.36 acres, Planned Unit Development District Rview on 14.36 acres with variances; Zoning District Change from Rural to Office on 5.34 '?-7`)0 City Council Minutes 4 October 20, 1987 acres, Preliminary Plat of 14.36 acres into 1 lot for con- struction of a 5-story office building. Location: North of CSAH #62, south of Yellow Circle Drive. (Resolution No. 87-284, PUD Concept Amendment to American Family Insurance PUD; Ordinance No. 51-87-PUD-13-87, Rezoning and PUD; Resolution No. 87-285, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bob Worthington, Mike Ryan, David Krueger and Duane DeBower, representing Opus Corporation and American Family Insurance, addressed the proposal. Planning Director Enger said the Planning Commission recommended approval of this project at the September 28th meeting on a 5-0 vote subject to the recommendations of the Staff Report of September 25th. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission reviewed this project last night and recommended approval per the recommendations of the Planning Commission and Staff, with the additional recommendation that the pedestrian trail be extended to this portion of the site. Peterson asked Enger if this project was one that initiated the question about standards for parking ramps. Enger said that was correct and noted that the Planning Commission had previously discussed standards for reinspection of parking decks several months ago. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No. 87-284, approving the American Family Insurance PUD Concept Amendment to the overall American Family Insurance Planned Unit Development. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to give 1st Reading of Ordinance No. 51-87-PUD-13-87 for Rezoning, with variances for building height and setback subject to approval by the Board of Appeals and Adjustment. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No. 87-285, approving the Preliminary Plat of American Family Insurance for Opus Corporation. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes 5 October 20, 1987 Bob Worthington requested permission to begin early grading of the project. MOTION: Pidcock moved, seconded by Harris, to grant an early grading permit subject to the condition that if 2nd Reading does not occur, proponent agrees to restore the premises to the conditions that existed prior to the grading activity. Anderson said he wanted to be sure that the City would not incur any extra expense if early grading is permitted and then the project falls through. Jullie said he didn't envision any additional costs for this project. VOTE ON THE MOTION: Motion carried unanimously. C. VACATION 87-09, VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOTS 35, 38, AND 39, BLOCK 1, WYNDHAM KNOLLS (Resolution No. 87-291) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. He said this is basically 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. 87-291 for Vacation of Drainage and Utility Easements. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 37951 - 38267 MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 37951 - 38267. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 53-87, Requiring Filing of Financial Statements by Candidates and Committees Referring to the memo of August 31, 1987 from City Attorney Pauly with attached draft ordinance, Peterson said we might want to consider a smaller threshhold for the second suggestion. A discussion followed regarding the threshhold amount for reporting names of contributors. Bentley said we might use the wording "cumulative" in order to avoid the possibility of multiple small contributions. City Attorney Pauly asked if it was intended to cover the entire election period. Bentley said it should. City Council Minutes 6 October 20, 1987 Bentley asked what the meaning of "verified financial statement" was. Pauly said it would be one that was sworn to before a notary. Bentley suggested that explanation be put into the ordinance as a definition. Pauly said he thought it was covered in Subd. 2. B. Bentley noted he understood it would still be required of the candidate to file a sworn statement even though the candidate's campaign committee would handle the receipts and disbursements. Pidcock asked how the question of cash would be addressed. Pauly said there should be a receipt for cash from the committee and the cash should be turned over to the committee. Bentley said it would be deposited in a checking account and could be accounted for that way. Peterson asked if the State law is clear about the expenditure of money for such expenses as having a coffee party for the candidate. Pauly said it would have to be recorded in the aggregate but not individually attributed. MOTION: Bentley moved, seconded by Anderson, to give 1st Reading of Ordinance No. 53-87, requiring filing of financial statements by candidates and committees, as amended to set the threshhold amount at $250.00. Motion carried unanimously. Pidcock suggested that this ordinance be reviewed every four years in order to update the amounts if necessary. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request appeal by Mr. & Mrs. John McSwiggan from decision made by Board of Appeals & Adjustments on Variance Request #87-37 City Manager Jullie noted the request from Mr. & Mrs. McSwiggan to review the decision made by the Board of Appeals & Adjustments on their request for a variance to construct a deck onto their house at the corner of Divinity Lane and Caramel Trail. He said the deck would encroach 10 feet into the 30-foot set- back; therefore the Board denied the McSwiggan's request on August 13, 1987. He said the Council may affirm the Board's action or may reverse the decision and grant the variance. John McSwiggan reviewed the history of the denial of his request for variance. He said he felt the variance was denied because there was an alternate deck location available; however, he said there was no real consideration given to the alternate location. He said he had made a determined effort to make sure that all his neighbors approved his deck plans and their letters should be in the public record. He said he thought the primary rule is whether it is in the public interest for the neighborhood. City Council Minutes 7 October 20, 1987 Mr. McSwiggan said his deck poses no safety hazard and said he felt the Board was very whimsical in its decision. Peterson said he appreciated Mr. McSwiggan's frustration and concern: however, the Board and the Council both must follow the standards and rules that relate to all of the neighborhoods in Eden Prairie. Mr. McSwiggan said he is only asking for eight feet out of 30 feet and he felt he should have reasonable use of his land. Pidcock asked if he was on a corner lot. McSwiggan said he is, and his total setback is 40 feet including the easement. Bentley said the proposal for an alternate deck location should be taken only for the merit it has. He said neither the Council nor the Board of Appeals has any obligation or any duty to make an accommodation to allow someone to build a deck. He said he couldn't determine that there was any hardship in this case. Bentley asked Planning Director Enger what the history has been in enforcing the dual front yard setback on corner lots. Enger said that the front yard setback has been enforced in the vast majority of such cases. He said the Board of Appeals is trying to establish a policy that there should be a hardship as in other variance requests before they would see fit to grant a variance request for front yard setback. He said the ordinance speaks to platting corner lots 15 feet wider because of two front yard setbacks. Mr. McSwiggan said he thought you would never find a hardship case for deck construction; however, one of the objectives is to use the land for what it was meant. Pidcock asked who would be impacted by this construction. McSwiggan pointed out the area that would have a view of the deck. Bentley said the broader perspective of public interest is what is in the interest of the community as a whole. McSwiggan said he doesn't agree with the 30-foot setback nor do any of those he has talked to about the subject. Bentley said he saw no basis for determining that the Board of Appeals acted improperly. He said they made a decision to uphold an ordinance that is in place and that is what they should do. Peterson said he was not sure we should make a decision based on one deck as that decision has to follow the next person to come in for a variance. MOTION: Anderson moved, seconded by Bentley, to uphold the decision of the Board of Appeals & Adjustments in denying the request for variance. City Council Minutes a October 20, 1987 Bentley asked if Mr. McSwiggan would be able to come back and make another request if sometime in the future we decide we would like to change our policy on setback. City Attorney Pauly said if that future consideration resulted in reducing the setback sufficiently, then he would not have to request a variance and could go ahead and build the deck. Peterson said he would vote for the motion with the expectation that we would at least look at the rationale for continuing the 30-foot setbacks on corner lots. Bentley called the question. VOTE ON THE MOTION: Motion carried unanimously. B. 1-494 Traffic Study Presentation by BRW, Inc. Connie Kozlak of the Metropolitan Council and Dick Wolsfeld of BRW reviewed the recently completed 1-494 traffic study. The primary cities involved were Eden Prairie, Bloomington, Edina, Richfield and Minnetonka. Mr. Wolsfeld said one of the major projects resulting from the study involves traffic management to minimize the number of vehicles during peak periods. He said the current system does not come close to accommodating the projected traffic load. Mr. Wolsfeld reviewed the other strategies devised to alleviate the traffic on 1-494. He noted that the cost to add the proposed lanes to 1-494 is estimated at $500 million. He reviewed the three phase program proposed to implement the recommendations. Harris said she thought this was a very exciting report and she commended them on their proactive approach to prepare the program for the time when funding becomes available. Bentley added that he thought everyone involved in this project should be applauded for their efforts to date. MOTION: Bentley moved, seconded by Pidcock, to accept the final report on the 1-494 traffic study. Motion carried unanimously. C. WINDSONG II, by The Koosman & Rice Company. Request for Preliminary Plat of 1.43 acres into 4 lots. Location: North- east of Anderson Lakes Parkway at Chestnut Drive (Resolution No. 87-283, Preliminary Plat) Planning Director Enger said this is primarily a housekeeping item for replatting to allow them to move a building on their existing site. He said the Planning Commission recommended approval of this revision. City Council Minutes 9 October 20, 1987 MOTION: Anderson moved, seconded by Harris, to adopt Resolution No. 87-283 approving the Preliminary Plat of Windsong II for the Koosman & Rice Company. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS There were none. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Proposal for a Comprehensive Waste Management Program Peterson called attention to his memo of October 15th regarding a call for a comprehensive waste management program. City Manager Jullie said he had invited Mr. Reuter to be present at the meeting tonight as there had been some very preliminary thoughts with respect to a composte facility. Peterson said he would like to ask Staff to respond on this and provide some recommendations at the next meeting. He said we must have a waste management program which we don't have right now. Anderson said this was an area that he would prefer to discuss at a special meeting as he didn't want to take the time at a regular meeting. MOTION: Bentley moved, seconded by Anderson, to set a Special Meeting of the City Council for 6:00 PM on Tuesday November 3, 1987, to discuss those two issues plus the composting facility, and to direct Staff to proceed with evaluation on Items One and Two in Peterson's memo and report back at the Special Meeting. Harris said it would be helpful for her if there were some background material included regarding the compost facility. Doug Reuter distributed a paper issued by the staff of the Metropolitan Council in May of 1987 on the subject of landfill capacities. He said it would be helpful if the Councilmembers were to look at this prior to the Special Meeting. He also noted that Reuter Corporation is not City Council Minutes 10 October 20, 1987 hung up on doing a compost plant in Eden Prairie; however, they can offer some expertise in the area. He said it would be necesaary to propose alternatives that will accomplish the same capacity levels as those outlined by BFI for the landfill expansion. VOTE ON THE MOTION: Motion carried unanimously. B. Report of City Manager 1. Power Line Along Highway 5 City Manager Jullie said NSP is having to relocate some of the overhanging wires along the Highway 5 construction. Because they need some easement rights for the new high line out to the western edge of the City, we have suggested that we would trade easement rights for undergrounding of the wiring between Mitchell Road and Prairie Center Drive. After discussing it, he said NSP suggested that they would do that for $50,000 to help offset the costs. Jullie said NSP had also suggested a program whereby any hookups to the new underground line within the next five years would be an offset to the $50,000 charge. He said Staff hasn't researched this yet, but NSP is quite anxious to get a decision. Bentley asked where we would get the $50,000 from. Jullie responded it could come from the General Fund. Pidcock asked how many new users would be coming in on the new line. Jullie said there should be a number on the south side of the road near the MTS and Carpenter property since it would be a better power supply as a primary feed line. However, there would be no guarantee we would get any money back. Anderson asked when the payments would be due. Jullie said we would probably have to put the money up right away. MOTION: Anderson moved, seconded by Harris, to accept Mr. Jullie's recommendation regarding the underground wires. Motion carried unanimously. 2. City Manager Performance Review Process City Manager Jullie referred to his outline and memo regard- ing the steps pursued to develop the performance review. He outlined the procedure to be used in developing the performance review. City Council Minutes 11 October 20, 1987 MOTION: Bentley moved, seconded by Anderson, to approve the recommendations of the City Manager for the performance review process. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Director of Planning There was no report. E. Report of Director of Community Services 1. Edenvale Trail (EAW) Director of Community Services Lambert reviewed the history of this project. Anderson asked if a timeline has been drawn up for this project. Lambert said there are some suggestions but no recommendations. He said the Parks Commission concurred that there would be no reason to put asphalt on the trail unless the residents requested it. Anderson said he had a concern about this as well as other trails that, once the vegetation wears off, they become muddy and unusable. Lambert said they don't anticipate the kind of traffic that will wear down the grass. He said they are planning to put 8-inch culverts and fill in at the three areas that are underwater and would cover those areas with woodchips to keep the trail high and dry. Charles Dayton, an attorney representing some of the residents in the area, said the residents are concerned about the effects of this proposed trail corridor. He said it is their legal position that this segment of the trail is only a small portion of a much larger project and that, because it is related, the entire project must be studied before pieces of it are built. He distributed a memorandum prepared by one of the residents containing information supporting their position that the project is part of an overall trail project for Eden Prairie. Peterson said neither the Councilmembers nor the City Attorney had this information available before the meeting and he would like the opportunity to review this before further action is taken on this project. Mr. Dayton said he would like time to review a piece of the EAW that he considers to be very important. City Council Minutes 12 October 20, 1987 MOTION: Pidcock moved, seconded by Harris, to continue this item to the next City Council meeting. Motion carried unanimously. Peterson noted that any further printed material should be made available for the Council to read prior to the next Council meeting. Bentley also noted that he would like to get a written presentation from the City Attorney on our previous discussions about this project. 2. Request authorization to hire Appraiser for Riley Lake acquisition Director of Community Services Lambert referred to his memo of October 9th requesting authorization to hire an appraiser for the Riley Lake Park acquisition. He said there is a list of approved appraisers for the state, and we will prob- ably select three to submit bids. MOTION: Pidcock moved, seconded by Anderson, to authorize the request to hire an appraiser for the Riley Lake Park acquisition. Motion carried unanimously. F. Report of Director of Public Works There was no report. XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Pidcock to adjourn at 10:10 PM. Motion carried unanimously. r),"74CA CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION 87-310 RESOLUTION AUTHORIZING SALE OF PROPERTY TO STATE OF MINNESOTA FOR STATE HIGHWAY #5 RIGHT-OF-WAY WHEREAS, in order to upgrade Highway #5, the State of Minnesota has found it necessary to acquire more right-of-way; WHEREAS, the City of Eden Prairie owns, by way of tax forfeiture, the properties of the southwest corner of State Highway #5 (W. 78th Street) and School Road; and WHEREAS, the City Staff has reviewed the proposed plans and concur with the needed acquisition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota: The Mayor and the City Clerk are authorized to sign (1) an "Offer to Sell and Memorandum of Conditions", (2) a "Quit Claim Deed" with the State of Minnesota to sell the needed property for the consideration of $1,400.00. The description of said property acquisition and conditions are included in the two documents referred to in this paragraph. ADOPTED by the City Council on November 17, 1987. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk 9,300 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-303 A RESOLUTION APPROVING FINAL PLAT OF SHADY OAK RIDGE WHEREAS, the plat of SHADY OAK RIDGE 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 SHADY OAK RIDGE is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 9, 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 November 17, 187. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: November 9, 1987 SUBJECT: SHADY OAK RIDGE r71/- PROPOSAL: The Developer, Joe Ruzic, has requested City Council approval of the final plat of Shady Oak Ridge. Located west of Old Shady Oak Road and north of Rowland Road, the plat contains 16.34 acres to be divided into 13 single-family lots, 2 Outlots and right-of- way dedication for street purposes. Outlots A and B contain 2.58 and 7.04 acres respectively. Ownership of these Outlots will be retained by the Developer for future development. HISTORY: The preliminary plat was approved by City Council July 15, 1986, per resolution #86-166. Ordinance #38-86, removing land from RM6.5 to R1-13.5 zoning district, was finally read and approved at the City Council meeting held September 2, 1986. The Developer's Agreement, referred to within this report, was executed September 2, 1987. VARIANCES: 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. STREETS 11 UTILITIES: All municipal streets, utilities, and walkways will be installed in conformance to City Code and the requirements of the Developer's Agreement. Shady Oak Ridge Road (to be re-named Cherokee Trail) will eventually intersect with Rowland Road. Until that connec- tion is made, a temporary turn-around will be necessary. Prior to release of the final plat, an easement encompassing the temporary turn- around shall be given to the City. PAGE 2 OF 2 SHADY OAK RIDGE NOVEMBER 9, 1987 PARK DEDICATION: Requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding shall conform to City Code and Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the final plat of Shady Oak Ridge subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee of $499.00. 2. Receipt of street lighting fee of $2,662.00. 3. Receipt of engineering fee of $520.00. 4. Receipt of temporary easement for temporary turn-around. 9,403 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-304 A RESOLUTION APPROVING FINAL PLAT OF BERNE ADDITION WHEREAS, the plat of BERNE 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 BERNE ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 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 November 17, 1987. ATTEST: Gary D. Peterson, Mayor SEAL John D. Frane, CfiWk a go Lj CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: November 10, 1987 SUBJECT: BERNE ADDITION PROPOSAL: The Developer, Donald Berne is requesting City Coun c i l a p p r o v a l o f the final plat of Berne Addition, a two lot single family s u b d i v i s i o n located east of Franklin Circle and north of Valley View R o a d . T h e p l a t contains 1.04 acres on a homesteaded parcel, the proposal b e i n g t o d i v i d e into two equal sized lots. HISTORY: The preliminary plat was approved by the City Council Ma r c h 1 7 , 1 9 8 7 , per Resolution #87-73. The property is currently zoned R1-22, which was originally a p p r o v e d i n 1969. VARIANCES: A variance from minimum lot frontage was grante d b y t h e B o a r d o f Appeals April 9, 1987, and a lot size variance for Lot 2 was g r a n t e d July 9, 1987. A variance from the requirements of City Code 12.20, SUBD. 2.A, w a i v i n g the six-month maximum time elapse between the approval date o f t h e preliminary plat and filing of the final plat will be neces s a r y . A l l other variance requests must be processed through the Board o f A p p e a l s . UTILITIES & STREETS: All municipal utlities and streets are e x i s t i n g a n d available to serve the site. PARK DEDICATION: The requirements for park dedication are c o v e r e d i n t h e C i t y Code. BONDING: Requirements for bonding are covered in the City C o d e . RECOMMENDATION: Recommend approval of the final plat of Ber n e A d d i t i o n s u b j e c t to the requirements of this report and the following: 1. Receipt of engineering fee of $250.00 2. Reimbursement of printing costs in the amount of $30.00 2,q0S 76) A . Asst. to V.P. - Engrg. CHICAGO AND TRANSPORTATION COMPANY ENGINEERING DEPARTMENT 312/559-6294 November 3, 1987 28-27-51 City Clerk City of Eden Prairie 7600 Executive Dr. Eden Prairie, MN 55344 Dear Sir: Attached are duplicate copies of a proposed license agreement to cover a 24 inch water main under our track and right of way at Eden Prairie. Please arrange for execution and attesting of both copies, and return them both, along with a certified copy of resolution authorizing the execution, to me for my further handling. A fully executed copy of the license will be returned to you for your record at that time. Very truly yours, cc: R. H. Gilbertson J. C. Domski JN/3/jc 17 ONENORTHWESTERNCENTER/CHICAGO.ILLINOIS60608 )(n Form 2036 - Page 1 Revised 1981 CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY (hereinafter called "Company") hereby li- censes the CITY OF EDEN PRAIRIE, MINNESOTA (hereinafter c a l l e d " L i c e n s e e " ) t o c o n s t r u c t , maintain and use a 24 inch water main (hereinafter called " f a c i l i t y " ) u p o n t h e p r o p e r t y a n d under the track of the Company at Eden Prairie, Minnesota i n t h e l o c a t i o n a n d p o s i t i o n , a n d i n accordance with the specifications shown on map dated Octob e r 2 7 , 1 9 8 7 h e r e t o a t t a c h e d m a r k e d Exhibit "A" and, by this reference, made a part hereof. The foregoing license given upon such express terms and co n d i t i o n s a s a r e i n s e r t e d b e l o w , as well as those contained upon the subsequent printed p a g e s , a n d s h o u l d t h e L i c e n s e e a t a n y time violate any of said terms or conditions, or use or a t t e m p t t o u s e s a i d f a c i l i t y f o r a n y other or different purpose than that above specified, then t h e C o m p a n y m a y , a t i t s o p t i o n , i m - mediately revoke this license. The foregoing license is subject to the following conditions : The Licensee shall require its contractor to furnish the C o m p a n y a c e r t i f i c a t e o f i n s u r - ance, with the Company named as additional insured, show i n g a m o u n t s a n d t y p e s o f i n s u r a n c e carried by the contractor which shall provide public liabi l i t y i n s u r a n c e f o r b o d i l y i n j u r y a n d property damage on behalf of the Company in an amount of n o t l e s s t h a n $ 2 , 0 0 0 , 0 0 0 c o m b i n e d -ingle limits per occurrence. The certificate shall contain a c o m m i t m e n t b y t h e i n s u r a n c e c o m - ny that it will give the Company thirty days advance noti c e o f a n y c a n c e l l a t i o n o f o r c h a n g e in the insurance coverage shown on such certificate. Such i n s u r a n c e i s t o b e a p p r o v e d b y t h e Company before the Licensee permits the contractor to proce e d w i t h t h e c o n s t r u c t i o n o f s a i d f a - cility. For the privileges herein permitted the Licensee shall p a y t o t h e C o m p a n y , i n a d v a n c e , a charge of One Hundred Eighty Dollars ($180.00) per a n n u m , o r f r a c t i o n t h e r e o f , b e g i n n i n g December 1, 1987, subject to revision at any anniversary billing date. FIRST. The work of construction and maintenance shall be done a n d c o m p l e t e d i n g o o d and workmanlike manner at the sole expense of the said L i c e n s e e . S a i d w o r k s h a l l b e d o n e i n such manner as in no way to interfere with or endanger the u s e o f t h e p r o p e r t y o r t r a c k s o f t h e Company, or the operation thereon of any engines, cars o r t r a i n s . T h e C h i e f E n g i n e e r o f t h e Company shall have the right to inspect such work from tim e t o t i m e a n d t o r e q u i r e s u c h c h a n g e s to be made as will in his opinion decrease the hazards in c i d e n t t o s a i d f a c i l i t y ; b u t a n y s u c h inspection or required changes or any failure to so inspe c t , o r t o r e q u i r e c h a n g e s t o b e m a d e , shall not effect any of the obligations assumed by the sai d L i c e n s e e h e r e u n d e r . SECOND. The said Licensee shall bear the cost of all protection w h i c h t h e c o m p a n y m a y require for its tracks or property during construction an d m a i n t e n a n c e h e r e b y a u t h o r i z e d a n d o f all repairs, changes, additions or betterments to said Co m p a n y ' s t r a c k o r p r o p e r t y m a d e n e c e s - sary on account of same. If in the judgement of the Compa n y i t s h a l l b e n e c e s s a r y t o p r o v i d e support for its tracks during the work of construction or m a i n t e n a n c e t h e C o m p a n y w i l l p r o v i d e such support, and the entire cost thereof will be paid by t h e s a i d L i c e n s e e p r o m p t l y u p o n r e - ceipt of bill therefor. ') . 0-, 1 1 Form 2036 - Page 2 Revised 1981 THIRD. The Licensee shall pay all taxes, general a n d s p e c i a l , l i c e n s e f e e s o r o t h e r charges which may become due or which m a y b e assessed against the premises of the Company because of the construction, existence, op e r a t i o n o r u s e o f s a i d f a c i l i t y , t h e L i c e n s e e , o r t h e ' business conducted in connection with sa i d f a c i l i t y , a n d s h a l l r e i m b u r s e t h e C o m p a n y f o r a n y such taxes, license fees or other charge w h i c h m a y b e p a i d b y t h e C o m p a n y p r o m p t l y u p o n t h e presentation by the Company of bills there f o r . FOURTH. The said Licensee will give to the Chief E n g i n e e r o f t h e C o m p a n y a t l e a s t t e n days' notice in writing before entering u p o n t h e r i g h t o f w a y o f t h e C o m p a n y f o r c o n s t r u c t i o n purposes, or for the purpose of making n e c e s s a r y r e p a i r s . T h e C o m p a n y r e s e r v e s t h e r i g h t t o judge of the necessity of repairs to sa i d f a c i l i t y , a n d t o r e q u i r e t h e L i c e n s e e t o m a k e s u c h repairs upon ten days' notice in writi n g . I n s u c h c a s e , s a i d L i c e n s e e m a y e n t e r u p o n s a i d right of way without the ten days' notice above referr e d t o , a n d s h a l l p r o c e e d f o r t h w i t h t o make such repairs, and upon failure to d o s o w i t h i n t e n d a y s , t h e C o m p a n y s h a l l h a v e t h e r i g h t to make said repairs and collect the e n t i r e c o s t t h e r e o f f r o m t h e L i c e n s e e . T h e C o m p a n y reserves the right, in case in its opini o n t h e s a f e t y o f i t s t r a c k s o r p r o p e r t y d e m a n d s i t , t o make emergency repairs without notice t o t h e L i c e n s e e a n d t o c o l l e c t t h e c o s t t h e r e o f f r o m 'Licensee as herein provided. FIFTH. Licensee agrees that in the construction, m a i n t e n a n c e , a n d u s e o f t h e f a c i l i t y , It will comply with all applicable laws, i n c l u d i n g , b u t n o t l i m i t e d t o , a n y l a w s , s t a n d a r d s , regulations, or permit requirements relat i n g t o e n v i r o n m e n t a l p o l l u t i o n o r c o n t a m i n a t i o n o r t o occupational health and safety; and Licen s e e a g r e e s t o i n d e m n i f y a n d h o l d h a r m l e s s t h e C o m p a n y from any and all claims, demands, lawsuit , o r l i a b i l i t y f o r l o s s , f i n e s , d a m a g e , i n j u r y , a n d death and all expenses and costs, includi n g a t t o r n e y s ' f e e s , r e s u l t i n g f r o m o r a r i s i n g o u t o f the construction, maintenance, or use of t h e f a c i l i t y , i n c l u d i n g a n y d i s c h a r g e o r e m i s s i o n therefrom or for the violation of any law, s t a n d a r d , r e g u l a t i o n , o r p e r m i t r e q u i r e m e n t r e l a t i n g to environmental pollution or contami n a t i o n , o r t o o c c u p a t i o n a l h e a l t h a n d s a f e t y . SIXTH. It is understood by the Licens e e t h a t s a i d f a c i l i t y i s s u b j e c t t o a n d may 'ncrease the dangers and hazards of the ope r a t i o n o f t h e r a i l r o a d o f t h e C o m p a n y , a n d t h a t t h i s license is subject to all risks thereof. T h e r e f o r e , a n d a s a m a t e r i a l c o n s i d e r a t i o n t o t h e Company for entering into this license a n d w i t h o u t w h i c h t h e C o m p a n y w i l l n o t e n t e r s a m e , Licensee agrees to assume and pay for al l l o s s o r d a m a g e t o p r o p e r t y w h a t s o e v e r , a n d i n j u r y t o or death of any person, or persons who m s o e v e r , i n c l u d i n g a l l c o s t s a n d e x p e n s e s i n c i d e n t thereto, however arising from or in con n e c t i o n w i t h e x i s t e n c e , c o n s t r u c t i o n , m a i n t e n a n c e , repair, renewal, reconstruction, operat i o n , u s e o r r e m o v a l o f s a i d f a c i l i t y , o r a n y d e f e c t therein or failure thereof, or the fail u r e o f t h e L i c e n s e e o r m e m b e r s , o f f i c e r s , a g e n t s o r employees of the Licensee to abide by or c o m p l y w i t h a n y o f t h e t e r m s o r c o n d i t i o n s o f t h i s license; and the Licensee forever inde m n i f i e s t h e C o m p a n y , a g a i n s t a n d a g r e e s t o s a v e i t harmless from any and all claims, demand s , l a w s u i t s o r l i a b i l i t y f o r a n y s u c h l o s s , d a m a g e , injury and death, costs and expense, eve n t h o u g h t h e o p e r a t i o n o f t h e C o m p a n y ' s r a i l r o a d m a y have caused or contributed thereto. No t i c e t o o r k n o w l e d g e b y t h e C o m p a n y o f a n y a c t o r omission by the Licensee which is or migh t b e a b r e a c h b y t h e L i c e n s e e o f a n y o f t h e t e r m s o r conditions of this Agreement to be perf o r m e d b y t h e L i c e n s e e , a n d t h e a c q u i e s c e n s e b y t n e Company in or to such act or omission, sh a l l n e i t h e r b e c o n s i d e r e d t o r e l i e v e t h e L i c e n s e e o f any obligation assumed by it under this p a r a g r a p h n o r b e c o n s i d e r e d t o b e a w a i v e r o r r e l e a s e by the Company of any rights granted to i t u n d e r t h i s p a r a g r a p h . SEVENTH. The Company reserves the right t o u s e , o c c u p y a n d e n j o y i t s t r a c k s , p r o p e r t y and right of way, for such purpose, in s u c h m a n n e r , a n d a t s u c h t i m e a s i t s h a l l d e s i r e , the same as if this instrument had not been e x e c u t e d b y i t . I f a n y s u c h u s e s h a l l n e c e s s i t a t e a n y change, repair, renewal, removal or re l o c a t i o n o f s a i d f a c i l i t y , o r a n y p a r t t h e r e o f , t h e Licensee shall perform such work at such t i m e a s t h e C o m p a n y m a y a p p r o v e a n d i f t h e L i c e n s e e fails to do so such work may be performed b y t h e C o m p a n y a t t h e e x p e n s e o f t h e L i c e n s e e and the said Company shail not be liable to the L i c e n s e e o n a c c o u n t o f a n y d a m a g e g r o w i n g o u t o f any -se which the Company may make o f i t s t r a c k s , p r o p e r t y a n d r i g h t o f w a y . In case any of the terms or provisions of t h i s l i c e n s e h a v e b e e n p e r f o r m e d o r c a r r i e d o u t prior to the actual date of execution he r e o f , i t i s u n d e r s t o o d a n d a g r e e d t h a t t h i s l i c e n s e shall nevertheless be of the same force a n d e f f e c t a s t h o u g h s a m e h a d b e e n e x e c u t e d b y t h e parties prior to such performance. Form 2036 - Page 3A Revised 1981 EIGHTH. The Company shall have the right at any time t o r e v o k e t h i s l i c e n s e b y g i v i n g thirty days' notice in writing to the Licens e e a n d a t t h e e x p i r a t i o n o f t h e t i m e l i m i t e d b y said notice, or upon any other revocation o f t h i s l i c e n s e , t h e L i c e n s e e s h a l l p r o m p t l y , a n d i n the manner directed by said Chief Engineer, r e m o v e a l l c o n s t r u c t i o n h e r e b y a u t h o r i z e d f r o m the premises of the Company and leave said p r e m i s e s i n t h e s a m e c o n d i t i o n i n w h i c h t h e y w e r e before the installation of the same. Upon d e f a u l t o f t h e L i c e n s e e s o t o d o , t h e C o m p a n y m a y remove the same and restore its premises, an d t h e L i c e n s e e w i l l p r o m p t l y p a y t o t h e C o m p a n y t h e cost of so doing. NINTH. The waiver of a breach of any of the terms o r c o n d i t i o n s h e r e o f s h a l l b e limited to the act or acts constituting such b r e a c h , a n d s h a l l n e v e r b e c o n s t r u e d a s b e i n g a continuing or permanent waiver of any such t e r m s o r c o n d i t i o n s , a l l o f w h i c h s h a l l b e a n d remain in full force and effect as to future a c t s o r h a p p e n i n g s , n o t w i t h s t a n d i n g a n y s u c h waiver. TENTH. - This license is personal to said Li c e n s e e a n d i s n o t a s s i g n a b l e o r transferable, without the written consent of t h e C o m p a n y b e i n g f i r s t o b t a i n e d . ELEVENTH. In further consideration of the Company's giv i n g t o t h e L i c e n s e e t h e r i g h t s a n d privileges above specified, the Licensee, b y t h e a c c e p t a n c e o f t h i s l i c e n s e , h e r e b y a g r e e s t h a t It will not levy or assess any special tax or s p e c i a l a s s e s s m e n t a g a i n s t C o m p a n y o r a g a i n s t o r upon Company's properties for the construct i o n o r u s e o f t h e i m p r o v e m e n t o f w h i c h s a i d f a c i l i t y is a part; and, the Licensee hereby forever i n d e m n i f i e s C o m p a n y a g a i n s t a n d a g r e e s t o s a v e Company harmless from any and all claims, d e m a n d s , l a w s u i t s o r l i a b i l i t y w h a t s o e v e r f o r a n y qch special tax or special assessment. If n o t w i t h s t a n d i n g t h e f o r e g o i n g p r o v i s i o n s a n y s u c h „lecial tax or special assessment shall be le v i e d o r a s s e s s e d u p o n o r a g a i n s t s a i d C o m p a n y ' s properties, the Company shall have the foll o w i n g e l e c t i o n s t o w i t : (a) Company may make such payments as may be ne c e s s a r y t o s a t i s f y a n d d i s c h a r g e a n y l i e n s for such special tax or special assessment a n d i n c a s e o f s u c h p a y m e n t t h e L i c e n s e e agrees to make repayment on demand with int e r e s t a t t h e r a t e o f f i v e p e r c e n t ( 5 % ) per annum from the date of such payment so m a d e b y C o m p a n y . (b) Company may file this license agreement for r e c o r d i n g i n t h e o f f i c e o f t h e R e c o r d e r of Deeds of the county in which said propert i e s a r e l o c a t e d a n d s u c h f i l i n g s h a l l constitute a complete discharge and release o f a n y l i e n a g a i n s t s a i d C o m p a n y ' s properties for such special tax or special a s s e s s m e n t . (c) Company may terminate this license by filing n o t i c e o f t e r m i n a t i o n w i t h s u c h R e c o r d e r of Deeds for recording and forwarding a copy t h e r e o f t h r o u g h c e r t i f i e d o r r e g i s t e r e d mail, postage prepaid to Licensee whereupon a l l r i g h t s , p r i v i l e g e s a n d i n t e r e s t s herein granted to Licensee shall immediately c e a s e a n d d e t e r m i n e w i t h t h e r i g h t o f Company to make immediate re-entry and witho u t a n y f u r t h e r o b l i g a t i o n s o r a n y liability on the part of Company in respect t o a n y p a y m e n t s , s e t o f f s , c o u n t e r c l a i m s , recoupment, crossbills or cross demands. All rights, remedies and elections of Compa n y s h a l l b e c u m u l a t i v e . TWELFTH. Licensee further agrees that there i s n o b e n e f i t t o t h e C o m p a n y ' s p r o p e r t i e s , either for railroad use or for any possible u s e i n t h e f u t u r e f r o m t h e c o n s t r u c t i o n o f t h e :ility or project of which said facility is a p a r t . e) • 1 a ‘-j I Form 2036 - Page 4h Revised 1981 In Witness Whereof this instrument is executed this ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By Assistant Secretary Vice President - Engineering Pursuant to authority granted by resolution of the of the CITY OF EDEN PRAIRIE, MINNESOTA, adopted The undersigned, the Licensee mentioned in the foregoing li c e n s e , h e r e b y a c c e p t s t h e s a m e subject to the terms and conditions therein stated. CITY OF EDEN PRAIRIE, MINNESOTA Attest: By (Seal) Mayor City Clerk day of ,19 910 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-305 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to m a k e t h e f o l l o w i n g improvements: I.C. 52-132 (Franlo Road South of Prairie Center Drive) and assess the benefitted property for all or a portion of th e c o s t o f t h e improvements, pursuant to Minnesota Statues, Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Cou n c i l : That the proposed improvements be referred to the City Engi n e e r f o r study with the assistance of Hanson, Thorp, Pellinen and Ol s o n , a n d t h a t a feasibility report shall be prepared and presented to the C i t y C o u n c i l with all convenient speed advising the Council in a prelimi n a r y w a y a s t o the scope, cost assessment and feasibility of the proposed i m p r o v e m e n t s . ADOPTEd by the Eden Prairie City Council on November 17, 19 8 7 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk MEMORANDUM TO: Carl Jullie, City Manager FROM: Alan Gray, City Engineer DATE: November 12, 1987 SUBJECT: FRANLO ROAD IMPROVEMENTS The Developers of the Lund's Center Site at t h e i n t e r s e c t i o n o f P r a i r i e Center Drive and Frani° Road have petitioned t h e C i t y o f E d e n P r a i r i e for utility improvements to service the site a n d i m p r o v e m e n t s t o F r a n l o Road south of Prairie Center Drive. The Engineering Division recommends that the s c o p e o f a f e a s i b i l i t y study include Franlo Road from Prairie Center D r i v e t o G r i e r L a n e , a n d also consider a connection between Franlo Roa d a n d t h e e a s t e n d o f Medcom Boulevard. This segment of Frani° Road i s a p p r o x i m a t e l y 1 2 5 0 feet in length. The Lund's Center Site front s t h i s s e g m e n t o f F r a n l o Road for a distance of approximately 330 feet . T h e L u n d ' s C e n t e r S i t e therefore represents considerably less than 3 5 % o f t h e p r o p e r t y a b u t t i n g this segment of Franlo Road. It will be a req u i r e m e n t o f M S A 4 2 9 t h a t the resolution ordering aleasibility study of t h i s s c o p e b e a d o p t e d b y a minimum four-fifths majority vote of the Cou n c i l . AG:ss 29112 MEMORANDUM TO: Mayor Peterson and City Council Members FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: November 17, 1987 RE: MWCC Easements for Red Rock Interceptor The attached easement document provides for the installation of the Red Rock Interceptor through City owned property -- particularly City park property. The two locations of the easements are in the Starring Park area immediately adjacent and south of Research Road and temporary easements along the southerly side of Miller Park. In accordance with the joint agreement with Metropolitan Council for the Red Rock Interceptor, the City is obligated to provide easements where practical. Mr. Lambert has reviewed the easement documents and find them to be in order. I therefore recommend that the Council authorize the Mayor and City Manager to execute the documents. EAD:ss RR-1, RR-2, RR-3, RR-4, RR-5, RR-7, RR-8, and RR-26 EASEMENT THIS INSTRUMENT, made this day of , 19 by and between Eden Prairie, a Minnesota Municipal Corporation, of the County of Hennepin, State of Minnesota, Grantor, and the Metropolitan Waste Control Commission, a duly constituted agency of the Metropoli- tan Council created and organized pursuant to Minnesota Laws 1975, Chapter 13, Minnesota Statutes 5473.503, Grantee; WITNESSETH, that Grantor, in consideration of One Dollar and other good and valuable considerations to it in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to Grantee, its successors and assigns, the following described easements for sewer and utility purposes: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF FOR LEGAL DESCRIPTION OF EASEMENTS The above described easement includes the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein including the right to enter the easement for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing said sewers and utili- ties. Grantor covenants that it is the Owner and is in possession of the above described premises and has lawful right and authority to convey and grant the easement described herein. Grantee agrees to restore the property to as close to or better than its original condition prior to construction, including the replacement of the existing asphalt bike path. This conveyance is exempt from State Deed Tax pursuant to M.S.A. 5287.22. IN WITNESS WHEREOF, the said Grantor has caused this Easement to be executed as of the date noted above. CITY OF EDEN PRAIRIE, A MINNESOTA MUNICIPAL CORPORATION By By STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) On the day of , 19 , before me a notary public within and for said County, personally appeared respectively, named In the foregoing instrument, and that said instru- ment was signed on behalf of said City of Eden Prairie, a Minnesota Municipal Corporation, by authority of its and acknowledged said Instrument to be the free act and deed of said City of Eden Prairie. Its Its Notary Publia DRAFTED BY: Jeanne K. Matross License No. 68615 Metropolitan Waste Control Commission 350 Metro Square Building St. Paul, Minnesota 55101 222-8423 -2- :,013g ' EASEMENT DESCRIPTION NO. RR-1(revised). • A 50.00 foot perpetual easement for sanitary sewer purposes over, - under and across the following described property: That part of the Southwest Quarter of the Northeast Quarter of Section 22, Township 116, Range 22, Hennepin county, Minnesota, according to the .Government .Survey thereof described as beginning at a point on the West line of said Northeast Quarter distant 2106.10 feet south from the Northwest corner thereof; 'thence North 64 degrees 40 minutes East a distance of 117.10 feet; thence .South 8 degrees 38 minutes East a distance of 167.40 feet; thence South 19 degrees 26 minutes West a distance of 163.80 feet;- thence South 40 degrees 10 minutes West a distance of 118.60 feet to a point in the West line of said Northeast Quarter distant 360.60 feet south from the point of beginning; thence North along said West line of the Northeast Quarter to the point of beginning. For the purpose of this description the west line of the Northeast Quarter of Section 22 is assumed to have a bearing of North. Said perpetual easement being described as that part of the above described property lying 10.00 feet to the left of and 40.00 feet to the right of the following described line: Commencing at the Southwest corner of said Northeast Qudrter of Section 22; thence on an assumed bearing of North 0 degrees 08 minutes 08 seconds. West.along the West line of said Northeast Quarter a distance of 457.27 feet'to the point of beginning of the line to be described; thence North 59 degrees 02 minutes 53 seconds East a distance of 104.00 and there terminating. Also a perpetual easement .for sanitary sewer purposes over, under and across that part of the East 25.00 feet of the above described property which lies northerly of a line distant 100.00 feet southerly of and parallel 'With, as measured at right angles to, the southerly right of way line of Research Road. Together with a temporary easement for construction purposes over, under and across the above described property lying southerly of the southerly right of way line of Research Road, as said road is now laid out and travelled and northerly of a line described as being 80.00 feet southerly of as measured at right angles to and parallel with the first above described line and its easterly extension to the East line of the above described property. Excepting therefrom the above described permanent easement. The sidelines of the above described easements are to be prolonged or shortened to terminate at the easterly and westerly lines of the above described property. Temporary easement to expire on or before 19 • Sheet 2 of 2 ot• it:1k mWCC PROJECT NO. 82-53-329 EASEMENT DESCRIPTION NO. RR-2(revised) A 20.00 foot perpetual easement for sanitary sewer purposes over, under and across the following described property: That part of Government Lot 4, Section 22, Township 116, Range 22, Hennepin County, Minnesota, according to the Government Survey thereof described as beginning at the Southeast corner of said Government Lot 4; thence westerly along the South line thereof. 77.50 feet; thence northerly to the centerline of Research Road along a line which if extended would intersect the Northeast corner of the Northwest Quarter; thence easterly along said centerline to the East line of the Northwest Quarter; thence South along said East line to the point of beginning. Excepting roadway. Said perpetual easement being described as that part of the above described property lying 10.00 feet on either side of the following described line: Commencing at the Southeast corner of Government Lot 4; thence on an assumed bearing of North 0 degrees 08 minutes 08 seconds West along the East line of said Government Lot 4 a distance of 457.27 feet to the point of beginning of the line to be described; thence South 59 degrees 02 minutes 53 seconds West a distance of 75.82 feet, more or less, to the west line of the above described property and there terminating. Together with a temporary easement for construction purposes over, under and across the above described property lying southerly of the southerly'right of way line of Research Road, as said road is now laid out and travelled and northerly of a line described as being 80.00 feet southerly of as measured at right angles to and parallel with the first above described line. Excepting therefrom the above described permanent easement. The sidelines of the above described easements are to be prolonged or shortened to terminate at the easterly and westerly lines of the above described property. Temporary easement to expire on or before 19 . . Sheet 2 of 2 A MWCC PROJECT NO. 82-53-329 EASEMENT DESCRIPTION NO. RR-3(revised) A 20.00 foot perpetual easement for sanitary sewer purposes over, under and across the following described property: That part of Government Lot 4, Section 22, Township 116, Range 22, Hennepin County, Minnesota, according to the Government Survey thereof described as beginning at a point in the South line of said Government Lot 4 distant 77.50 feet westerly from the Southeast corner thereof; thence northerly to the centerline of Research Road along a line which if extended would intersect the Northwest corner of the Northeast Quarter of said Section 22; thence southwesterly along said road centerline a distance of 231.80 feet; thence southerly to a point in the South line of said Government Lot 4 distant 192.50 feet West from the point of beginning; thence East to the point of beginning. Excepting roadway. Said perpetual easement being described as that part of the above described property lying 10.00 feet on either side of the following described line: Commencing at the Southeast corner of Government Lot 4; thence on an assumed bearing of North 0 degrees 08 minutes 08 seconds West along the East line of said Government Lot 4 a distance of 457.27 feet; thence South 59 degrees 02 minutes 53 seconds West a distance of 75.82 feet to the point of beginning of the line to be described; thence continuing South 59 degrees 02 minutes 53 seconds West a distance of 238.31 feet, more or less, to the West line of the above described property and there terminating. Together with a temporary easement for construction purposes over, under and across the above described property lying southerly of the southerly right of way line of Research Road, as said road is now laid out and travelled and northerly of a line described as being 80.00 feet southerly of as measured at right angles to and parallel with the first above described line. Excepting therefrom the above described permanent easement. The sidelines of the above described easements are to be prolonged or shortened to terminate at the easterly and westerly lines of the above described property. Temporary easement to expire on or before 19 Sheet 2 of 2 PagemERMAcRYPTIWAO:1R-4(revised) A 20.00 foot perpetual easement for sanitary sewer purposes over, under and across the following described property: That part of Government Lot 4, Section 22, Township 116, Range 22, Hennepin County, Minnesota lying South of Research Road and West of the East 270.00 feet thereof. Said perpetual easement being described as that part of the above described property lying 10.00 feet on either side of the following described line: Commencing at the Southeast corner of Government Lot 4; thence on an assumed bearing of North 0 degrees 08 minutes 08 seconds West, along the East line of said Government Lot 4, a distance of 457.27 feet; thence South 59 degrees 02 minutes 53 seconds West a distance of 314.13 feet to the West line of said East 270.00 feet and the point of beginning of the line to be described; thence continuing South 59 degrees 02 minutes 53 seconds West a distance of 59.29 feet; thence southwesterly a distance of 16.15 feet along a tangential curve concave to the Northwest, said curve having a radius of 30.50 feet and a central angle of 30 degrees 20 minutes 05 seconds; thence South 89 degrees 22 minutes 58 seconds West, tangent to last described curve, a distance of 186.35 feet; thence North 74 degrees 45 minutes 30 seconds West a distance of 400.96 feet; thence North 78 degrees 05 minutes 22 seconds West a distance of 393.54 feet; thence South 89 degrees 43 minutes 36 seconds West a distance of 38.00 feet, more or less, to the West line of said Government Lot 4 and there terminating. Together with a temporary easement for construction purposes over, under and across the above described property lying southerly of the southerly right of way line of Research Road, as said road is now laid out and travelled and northerly of a line described as being 50.00 feet southerly of as measured at right angles to and parallel with the first above described line. Also a temporary easement for construction purposes over, under and across the above described property lying northerly of a line described as being 50.00 feet southerly of as measured at right angles to and parallel with the following described line: Commencing at the point of beginning of the first above described line; thence on an assumed bearing of South 59 degrees 02 minutes 53 seconds a distance of 67.56 feet to the point of beginning of the line to be described; thence North 89 degrees 22 minutes 58 seconds East a distance of 60.00 feet, more or less, to the easterly line of the above described property and there terminating. Excepting therefrom the above described permanent easement. The sidelines of the above described easements are to be prolonged or shortened to terminate at the easterly and westerly lines of the above described property. Temporary easement to expire on or before , 19 e ch..t. nf MWCC PROJECT NO. 82-53-329 EASEMENT DESCRIPTION NO. RR-5(revised) A 20.00 foot perpetual easement for sanitary sewer purposes over, under and across the following described property: That part of Government Lot 5, Section 22, Township 116, Range 22, Hennepin County, Minnesota, according to the Government Survey thereof, described as commencing at a point in the West line of said Government Lot 5 distant 466.85 feet south from the Northwest corner, thereof; thence East a distance'bf 555.00 feet; thence South 2 degrees 45 minutes 00 seconds East a distance of 400.00 feet; thence South 6 degrees 20 minutes 00 seconds East a distance of 83.50 feet to the centerline of Research Road (formerly known as County Road No. 2); thence easterly along said centerline a distance of 150.60 feet to the actual point of beginning of the property to be described; thence South 6 degrees 20 minutes 00 seconds East to the northerly shoreline of Starring Lake; thence easterly along said shoreline to the East line of said Government Lot 5; thence North along said East line to the centerline of Research Road; thence westerly along said centerline to the point of beginning. Excepting roadway. Said perpetual easement being described as that part of the above described property lying 10.00 feet on either side of the following described line: Commencing at the Government Meander Corner on the West line of the Northwest Quarter of Section 22, Township 116, Range 22; thence on an assumed bearing of North, along said West line of the Northwest Quarter, a distance of 109.27 feet; thence South 40 degrees 51 minutes 12 seconds East a distance of 128.24 feet; thence North 71 degrees 43 minutes 38 seconds East a distance of 522.66 feet; thence North 81 degrees 18 minutes 23 seconds East a distance of 402.72 feet; thence North 89 degrees 43 minutes 36 seconds East a distance of 400.00 feet to the point of beginning of the line to be described; thence South 89 degrees 43 minutes 36 seconds West a distance of 400.00 feet; thence South 81 degrees 18 minutes 23 seconds West a distance of 252.00 feet, more or less, to the West line of the above described property and there terminating. Together with a temporary easement for construction purposes over, under and across the above described property lying southerly of the southerly right of way line of Research Road, as said road is now laid out and travelled and northerly of a line described as being 50.00 feet southerly of as measured at right angles to and parallel with the first above described line. Excepting therefrom the above described permanent easement. The sidelines of the above described easements are to be prolonged or shortened to terminate at the easterly and westerly lines of the above described property. Temporary easement to expire on or before • 19 • Sheet 2 of 2 29i1^,G MWCC PROJECT NO. 82-53-329 EASEMENT DESCRIPTION NO. RR-7(revised) A 20.00 foot perpetual easement for sanitary sewer purposes over, under and across the following described property: That part of Government Lot 5, Section 22, Township 116, Range 22, Hennepin County, Minnesota described as commencing at a point in the West line of said Government Lot 5 distant 813.90 feet North from the Southwest corner thereof, thence East parallel with the south line thereof a distance of 555.00 feet; thence South 2 degrees 45 minutes East a distance of 400.00 feet; thence South 6 degrees 20 minutes East to a point in the centerline of Research Road, said point being the actual point of beginning of the land being described; thence continuing South 6 degrees 20 minutes East to the northerly shoreline of Starring Lake; thence westerly along said shoreline to the East line of the West 264.91 feet of said Government Lot 5; thence North along said East line to the centerline of said Research Road; thence northeasterly along said centerline to the point of beginning. Excepting .roadway. Said perpetual easement being described as that part of the above described property lying 10.00 feet on either side of the following described line: . - Commencing at the Government Meander Corner on the West line of the Northwest Quarter of Section 22, Township 116, Range 22; thence on an assumed bearing of North, along said West line of the Northwest Quarter, a distance of 109.27 feet; thence South 40 *degrees 51 minutes 12 seconds East a distance of 128.24 feet; thence North 71 degrees 43 minutes 38 seconds East a distance of 522.66 feet to the point of beginning of the line to be described; thence South 71 degrees 43 minutes 38 seconds West a distance of 340.00 feet, more or less, to the East line of said West 264.91 feet and there terminating. Together with a temporary easement for construction purposes over, under and across the above described property lying southerly of the southerly right of way line of Research Road, as said road is now laid out and travelled and northerly of a line described as being 50.00 feet southerly of as measured at right angles to and parallel with the first above described line. Excepting therefrom the above described permanent easement. The sidelines of the above described easements are to be prolonged or shortened to terminate at the easterly and westerly lines of the above described property. Temporary easement to expire on or before I 19 Sheet 2 of 2 N MWCC PROJECT NO. 82-53-329 EASEMENT DESCRIPTION NO. RR-8(revised) A 20.00 foot perpetual easement for sanitary sewer purpos e s o v e r , under and across the following described property : That part of the West 264.91 feet of Government L o t 5 , S e c t i o n 22, Township 116, Range 22, Hennepin Count y , M i n n e s o t a , according to the Government Survey thereof lyi n g S o u t h o f t h e southerly right of way line of Research Road. Said perpetual easement being described as that p a r t o f t h e a b o v e described property lying 10.00 feet on eit h e r s i d e o f t h e following described line: Commencing at the Government Meander Corner on t h e W e s t l i n e o f the Northwest Quarter of Section 22, Township 1 1 6 , R a n g e 2 2 ; thence on an assumed bearing of North, along sai d W e s t l i n e o f the Northwest Quarter, a distance of 109.27 fee t ; t h e n c e S o u t h 40 degrees 51 minutes 12 seconds East a dista n c e o f 1 2 8 . 2 4 feet; thence North 71 degrees 43 minutes 38 s e c o n d s E a s t a distance of 200.00 feet to the point of beginning of the line to be described; thence South 71 degrees 43 minu t e s 3 8 s e c o n d s West a distance of 179.65 feet; thence westerly a distance of 35.89 feet along a tangential curve concave to t h e N o r t h h a v i n g a radius of 30.50 feet and a central angle of 6 7 d e g r e e s 2 5 minutes 10 seconds; thence North 40 degrees 5 1 m i n u t e s 1 2 seconds West, tangent to last described curve t o t h e s o u t h e r l y right of way line of said Research Road and sa i d l i n e t h e r e terminating. Together with a temporary easement for construct i o n p u r p o s e s o v e r , under and across the above described property l y i n g s o u t h e r l y o f the southerly right of way line of Research Road, as said road is now laid out and travelled and northerly of a l i n e d e s c r i b e d a s being 50.00 feet southerly and westerly of as m e a s u r e d a t r i g h t angles to and parallel with the first above desc r i b e d l i n e . Excepting therefrom the above described permanen t e a s e m e n t . The sidelines of the above described easements a r e t o b e p r o l o n g e d or shortened to terminate at the easterly and w e s t e r l y l i n e s o f the above described property. Temporary easement to expire on or before 19 Sheet 2 of 2 t 97.. MWCC PROJECT NO. 82-53-329 EASEMENT DESCRIPTION NO. RR-26 A temporary easement for construction purposes over, under and across the following described property: That part of Government Lot 5, said Section 17, lying north of the south 1106.70 feet of said Government Lot 5; and That part of the Southeast Quarter of the Southwest Quarter of said Section 17, lying north of the south 1106.70 feet of said Southeast Quarter of the Southwest Quarter. Said temporary easement being the South 60.00 feet of the above described property lying westerly and southwesterly of the following described line: Commencing at the intersection of the West line of said Government Lot 5 and the North line of said South 1106.70 feet; thence easterly, along said North line of the South 1106.70 feet, a distance 2422.00 feet to the point of beginning of the line to be described; thence northwesterly deflecting to the left at an angle of 140 degrees 23 minutes 40 seconds for a distance of 95.80 feet, more or less, to the North line of said South 60.00 feit.and there terminating. Sheet 2 of 2 Al3T MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: November 12, 1987 SUBJECT: Community Center Operation Modifications Over the last several months Community Services Staff from the C o m m u n i t y C e n t e r a n d the Director of Human Resources have been reviewing proposed mod i f i c a t i o n s t o i m p r o v e the efficiency and effectiveness of the operation of the Community Center. At thi s time, the Community Services Staff and the Human Resources Staff r e c o m m e n d a p p r o v a l o f several operation and staff modifications: 1. Staff recommends the night shift maintenance at the Community Ce n t e r b e f i l l e d b y a full-time maintenance technician, rather than by several part- t i m e p o s i t i o n s . 2. Three positions have grown to a level approaching 30 hours per w e e k , w h i c h b y definition of the City benefits program requires the City to pro v i d e a l i m i t e d benefit package to those positions. Those positions include: a ) W a t e r S a f e t y Instructor, b) Day Care Coordinator c) Officials Coordinator. T h i s w i l l n o t change the salary of these individuals, but will be adding a ben e f i t s t a t e m e n t t o the positions. 3. City staff recommends installation of a Fitness Center video sys t e m a t a c o s t o f $4,838. This system will allow continuous monitoring of the Fitn e s s C e n t e r b y office staff and will eliminate the need for a Fitness Center Su p e r v i s o r a t a n estimated cost of $15,000 per year. 4. Community Services Staff recommend the City council authorize ex t e n d i n g t h e fitness program package, presently offered to City employees, to t h e C i t y volunteer firemen. This fitness program allows employees to use t h e C o m m u n i t y Center facilities two times per week free of charge. The free u s e i n c l u d e s t h e swimming pool, ice rink and Fitness Center. Racquetball court s m a y b e u s e d f r e e if they are available on a walk on basis; however, if employee s w i s h t o r e s e r v e a court they must pay the regular fee. COMMUNITY CENTER MAINTENANCE TECHNICIAN There are several major reasons for recommending that the night m a i n t e n a n c e s h i f t b e handled by a full-time maintenance technician rather than three o r f o u r p a r t - t i m e staff that have handled it in the past. Some of those reasons i n c l u d e : 1. This position can be included in the 1988 budget without any i n c r e a s e d b u d g e t a s there will be a minimum of $10,000 saved in temporary wage cost s p e r y e a r o n t h e shift schedule alone, and an additional approximately $2,000 i n m a i n t e n a n c e c o s t s saved on part-time maintenance staff that are required to come i n t o a s s i s t d u r i n g ice take down and set up. Additional savings will occur on ove r t i m e c o s t s t h a t have risen dramatically over the last three years due to the nu m b e r o f t i m e s t h a t either Jeff or Tom are called in during the night shift due to m e c h a n i c a l breakdowns. There will also be over a $10,000 savings in staff time projected for 1988 with the ability to install a video monitoring system in the Fitness Center at a cost of $4,838, which will replace the Fitness Center Supervisor that had been budgeted for $15,000. 2. Due to the type of part-time position, i.e. the minimal number of hours and the type of maintenance work involved, the City is constantly training in new personnel to work the night maintenance shift. Often about the time someome is fully trained and able to handle the position, they quit for a job with better hours or better pay. The man-hours that are invested into the person for training purposes are expensive and the person still is not technically qualified to handle most of the emergencies that occur relating to the operation of the boiler, the Zamboni, or the compressors, therefore: either Tom Eastman or Jeff Elwell are often called back to the Community Center to repair or correct problems that have occurred during the night shift. 3. Very few part-time employees have the same loyalty to the City or commitment to excellence as do full-time employees. This is often reflected in the quality of work and the service to the public using the facility. 4. The cleaning and operation of the pool has taken more maintenance time than the cleaning and operation of the ice arena; yet, in a comparison of other municipal recreation facilities that contain either two ice rinks or an ice rink and a pool, Eden Prairie has operated with fewer full-time or permanent part-time staff and has a facility requiring more year-round maintenance than these other facilities. The comparison to other municipal recreation facilities is as follows: I) Burnsville Ice Arena, two indoor ice rinks, one full-time Manager, one full-time Maintenance Supervisor, one permanent part-time maintenance and one additional part-time maintenance (they have also requested two additional permanent part-time maintenance for 1988). 2) Cottage Grove, one full size rink, one three-quarter size rink operated six months per year - one full-time Manager, One full-time Maintenance Supervisor, one full-time Building Supervisor/Maintenance and additional part-time maintenance. 3) St. Louis Park, one full size indoor ice rink and one outdoor swimming pool operated three months per year - one full-time Manager, one full-time maintenance and two permanent part-time maintenance. 4) Brooklyn Park Community Center, one year-round ice rink, meeting rooms and armory - one full-time Maintenance Supervisor, one full-time Program Supervisor, four temporary part-time maintenance (Brooklyn Park allows temporary part-time maintenance to work up to 40 hours per week). 5) New Ulm, one indoor ice rink open six months, one indoor pool, racquetball courts and meeting rooms - one full- time Arena Manager, one full-time Pool Manager, one full-time maintenance. The proposed Community Center Maintenance Technician would work from 7 p.m. to 3:30 a.m. on Monday, Thursday and Friday and from 12 Noon until 8:30 p.m. on Saturday and Sunday. (When hockey games are scheduled on Saturday night the shift would be 3 p.m. to 11:30 p.m.) The Community Center Techician would be required to have training and experience in operating this type of facility. Staff would recommend a starting salary in the range of $19,000 per year (to be determined by the Personnel Department). PROPOSAL FOR FITNESS CENTER VIDEO SYSTEM Early in 1987, the City's insurance company required the City to have a trained staff person in the Community Center Fitness Center whenever that room was o p e n t o t h e public. This additional person cost the City approximately $15,000 per y e a r a n d severely limited the number of hours the Fitness Center was open during 1987. Several weeks ago, the City received approval from the insurance repres e n t a t i v e t o install a video monitoring system in the Fitness Center to replace the s t a f f p e r s o n . This monitoring system must have four cameras to observe all corners of t h e f i t n e s s rooms, and will be viewed from the receptionist's desk. All receptionis t s w i l l b e trained in the use of the equipment, so they are able to determine if s o m e o n e i s u s i n g any equipment improperly. They will also have voice communication to t h e f i t n e s s room. Attached is a memo from Tom Eastman which outlines proposals for the var i o u s v i d e o systems. Community Services Staff recommend purchasing Todd Communicati o n s o p t i o n number two at a cost of $4,838. Funds will come from the 1988 Community C e n t e r b u d g e t that have been earmarked for the Fitness Center Supervisor. PART-TIME POSITIONS Several weeks ago Natalie Swaggert, Human Services Director, met with t h e C o m m u n i t y Services Staff to review over 200 part-time and seasonal positions wi t h i n t h e Community Services Department. The purpose of the review was to limit t h e n u m b e r o f part-time/year-round positions that operated between 20 and 30 hours pe r w e e k . A l l part-time positions must be less than 32 hours per week and any part- t i m e p o s i t i o n that exceeds 20 hours per week must receive pro rated leave benefits . Three of the temporary positions fall within this category, they inclu d e : t h e Officials Coordinator - (this position works under the Athletic Coordi n a t o r a n d i s funded through fees from the adult sports), the Day Care Coordinator - ( t h i s i s a n e w position that was initiated with the day care services program at the C o m m u n i t y Center), and Water Safety Instructor position. The Community Center h a s a t t e m p t e d t o keep one Water Safety Instructor. The City has one instructor on a te m p o r a r y y e a r - round basis in order to have at least one instructor available to teac h t h r o u g h o u t t h e year. Most other Water Safety Instructors work on a seasonal basis a n d a r e n o t available for morning classes held during the week, etc. REQUEST FROM THE VOLUNTEER FIREMEN The Volunteer Firemen have requested the City to consider providing the m w i t h t h e s a m e fitness program that is offerd to the regular City employees. This pro g r a m a l l o w s t h e City employees limited free use of the Community Center and encourages t h e m t o r e m a i n physically fit. The Community Services Staff recommend the Council ex t e n d t h i s benefit to the Volunteer Firemen of our community. BL:md 9,9 ICI MEMORANDUM TO: Bob Lambert, Director of Community Services FROM: Tom Eastman, Supervisor of Operations DATE: October 28, 1987 SUBJECT: Proposals for Fitness Video System As you know staff has been obtaining proposals for a v i d e o m o n i t o r i n g s y s t e m f o r the Fitness Center at the Community Center. Three companies have submitted proposals on this pr o j e c t . O n e e a c h f r o m A l p h a Video & Audio and Blumberg Communications and two d i f f e r e n t p r o p o s a l s f r o m T b d d Communication. The Todd company submitted two diffe r e n t o n e s s o w e c o u l d h a v e an option on the quality of the four cameras (note t h e p r i c e d i f f e r e n c e ) . Todd Communication Inc. Option 1 (with new Vicon camera) Option 2 (with Vidicon camera) Alpha Video & Audio Blumberg Communication Co. $6,630.00 $4,838.00 $7,941.90 $4.840.32 Staff recommends purchasing Todd Communications Opti o n 2 . T h i s s y s t e m w i l l h a v e a lower quality camera set up but we will only have o n e T V s c r e e n w h i c h w i l l take up less space in the office. The screen will be a b l e t o m o n i t o r a l l 4 cameras at the same time because it will be equipped w i t h a a p l i t t e r . If you want more infromation or have questions let me k n o w . cc: Rick Bolinske — 7 , EMPLOYMENT STATUS LOGIS EMPLOYEE CODE CLASSIFICATION EMPLOYMENT DEFINITION Overload/On Call Employment is based on individual's perso n a l schedule of availability and interest in assignment. Work assignments vary in work content, schedule and duration. Compensation is on an hourly basis. Seasonal/Temporary Intern Employment which is normally for short dur a t i o n (120 days or less) and/or seasonal in nature. Positions are paid on an hourly basis, and may be either full-time or part-time. Parttime-Unbenefited (20-30 Hours/Week) Employment is based on a predetermined reg u l a r schedule and the work assignment is long te r m i n nature. Hours worked are compensated o n a n hourly basis and are consistently between 2 0 a n d 30 hours a week. Parttime-Benefited (32+ Hours/Week) Employment is based on a predetermined, r e g u l a r schedule and the work assignment is within a specific department and long-term in nature. Hours worked are compensated on an hourly basis and are consistently between 32 and 40 hours a week. Fulltime Non-exempt Employment is based on a regular schedule o f 4 0 or more hours per week and is consistent with FLSA requirements and work definitions. Hours worked are compensated on an hourly basis. Exempt Employment is based on a regular schedule o f 4 0 or more hours per week. Work is considered 'exempt' under the definitions and requirements of FLSA. Work is reported and compensated on a weekly basis. Director (Dept. Head) Employment is based on a regular schedule o f 4 0 or more hours per week. Work is considered 'exempt' under the definitions and requirements of FLSA. Work is reported and compensated on a weekly basis. City Manager Employment is based on a regular schedule of 40 or more hours per week. Work is considered 'exempt' under the definitions and requirements of FLSA. Work is reported and compensated on a weekly basis. 6-1-87 ' I Mum- 1,1,96? CITY OF EDEN PRAIRIE BENEFIT PROGRAM EMPLOYEE CLAS BENEFIT Overload/On-Call < 20 Hours/ Week Temporary Seasonal Part Time - (20 - 30 hours/week) Part Time (32+ hours/week) I Full Tire Non-exempt Director (Dept. Head) City Manager LEGISLATED BENEFITS Workman's CompensationXXXXXXXX Overtime (FLSA) XXXXX PERA XXXXXX I— LEAVE BENEFITS Holidays PR PRXXXX Std. PR PRXXXX Vacation Exec. Administrative Leave Sick Time Accrual/Lc. PR PRXXXX Short Term Disability X X x X Long Term Disability XXXXX INSURANCE BENEFITS Medical XXXXX Dental XXXXX Basic XXXXX LIFE Sup hOK X X Sup/Dep X 0 X X x Flexible Contrib. Acct. XXXXX IFRINGE BENEFITS Severance Bank XXXXX Deferred Compensation XXXXX Employee Assistance X X_X XX Tuition Reimbursement X X X x X Car Allowance/Car X X Fitness Program 0 X --X X_ X Raven Woods CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 50-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE # 7 8 - 2 5 , A N D , ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, A M O N G O T H E R 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 her e t o a n d m a d e a part hereof. Section 2. That Ordinance #78-25 be amended by adding the following: "Section 2. The property shall be subject to the terms and conditions of that certain Developer's Agreement dated November 17, 1987, entered into between the Cambridge Group, Inc., a Minnesota corporation, and the City of Eden Prairie, which agreement is hereby made a part hereof." Section 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Vi o l a t i o n " a n d Section 11.99, entitled "Violation a Misdemeanor" are hereby adopte d i n t h e i r entirety, by reference, as though repeated verbatim herein. • Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of E d e n Prairie on October 20, 1987, and finally read and adopted and ordered pub l i s h e d a t a regular meeting of the City Council of said City on the 17th day of Novemb e r , 1 9 8 7 . ATTEST: Jahn D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Lots 1, 2, 3, and 4, Block 2, RAVEN RIDGE, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 78-25 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL CP THE CITY or EDEN PRAIRIE DOES ORDAIN AS FOLLMS: Section 1. Appendix A of Ordinance No. 135 is a:ended as follo w s : That portion of Outlot V, Ddenvale 3rd Addition, Hennepin County, Minnesota, lying westerly of the following described line: Beginning at the northwesterly corner of Cutlot V and lying on the easterly right of way line of Edenvale Boulevard; thence South 70 Degrees 10 Minutes 03 Seconds East a distance of 422.64 feet; thence South 42 Degrees 30 Minutes 00 Seconds East a distance of 135.00 feet; thence South 09 Degrees 30 Minutes 00 Seconds West a distance of 135.00 feet; thence South 18 Degrees 30 rdnutes 00 Seconds East, approximately 237.00 feet to the South line of Outlot V and there terminating. AISO That part of Cutlot V, Edenvale 3rd Addition, lying easterly of the Above described line, which property shall be and hereby is removed from Rural zone and Shall be included hereafter in the PM 6.5 and R1-13.5 zones respectively. Section 2. The above described property shall be subject to the t e r m s a n d conditions of that certain rezoning agreement dated May 16 , 1978 entered into between Edenvale, Incorporated and the City of Eden P r a i r i e , w h i c h agreenent is hereby made a part hereof and shall further be subj e c t t o a l l o f the ordinances, rules and regulations of the City relating to su c h P M 6 . 5 a n d R1-13.5 zones. Section 3. This ordinance becan. effective from and after its p a s s a g e and publication. Raven Woods DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of • 1987, by The Cambridge Group, Inc., a Minnesota corpora t i o n , h e r e i n a f t e r r e f e r r e d t o a s "Developer," and the CITY OF EDEN PRAIRIE, a m u n i c i p a l c o r p o r a t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning D i s t r i c t A m e n d m e n t w i t h i n the RM-6.5 District on 3.04 acres and Prelimnary P l a t o f 3 . 0 4 a c r e s i n t o 1 6 l o t s a n d two outlots for construction of 16 townhouse uni t s , s i t u a t e d i n H e n n e p i n C o u n t y , State of Minnesota, more fully described in Exhi b i t A , a t t a c h e d h e r e t o a n d m a d e a part hereof, and said acreage hereinafter referred t o a s " t h e p r o p e r t y ; " NOW, THEREFORE, in consideration of the City a d o p t i n g O r d i n a n c e # 5 0 - 8 7 , Developer covenants and agrees to construction upo n , d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in conf o r m a n c e w i t h t h e materials revised and dated October 13, 1987, rev i e w e d a n d a p p r o v e d by the City Council on October 20, 1987, and at t a c h e d h e r e t o a s Exhibit 8, subject to such changes and modifica t i o n s a s p r o v i d e d herein. Developer shall not develop, construct u p o n , o r m a i n t a i n the property in any other respect or manner than pr o v i d e d h e r e i n . 2. Developer covenants and agrees to the performance a n d o b s e r v a n c e b y Developer at such times and in such manner as pro v i d e d t h e r e i n o f all of the terms, covenants, agreements, and condit i o n s s e t f o r t h i n Exhibit C, attached hereto and made a part hereof . 3. Prior to issuance of any building permit u p o n t h e p r o p e r t y , Developer shall submit to the City Engineer, a n d r e c e i v e t h e C i t y Engineer's approval of plans for streets, sani t a r y s e w e r , w a t e r , storm sewer, including storm water run-off calcul a t i o n s , a n d e r o s i o n control for the property. Upon approval by the City Engineer, Developer s h a l l c o n s t r u c t , o r cause to be constructed, those improvements li s t e d a b o v e i n s a i d plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. 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. 5. 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. Said measures shall include, but not be limited to, the following: A. Prior to release of the grading permit, 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. B. Any defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior to release 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. C. Developer agree 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. D. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. 1) If any such trees 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 reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. 2) Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than three inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a area inch per area 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. E. If a tree reforestation plan is required, Developer agrees that, prior to issuance of any building permit, Developer will submit a bond, or letter of credit, guaranteeing completion of all tree reforestation 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 all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. 1) 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. 2) Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 6. Prior to issuance of any building permit on the property, Devel o p e r agrees to submit to the Director of Planning, and to obtain t h e Director's approval of the following: A. Samples of materials for the exterior of the structures, which shall include details regarding.color and texture. B. Samples of the lighting standards to be used on the property, which shall include details showing that the lighting standards are no greater than 20 feet in height, and designed with downcast, cut-off luminars to avoid glare off the property. 7. Developer agrees to file on the property with Hennepin Coun t y a cross-access agreement to Edenvale Boulevard, through the exis t i n g Raven Ridge townhome development. Developer shall provide proo f o f filing of said cross-access agreement to the City, prior to issua n c e of any occupancy permit for any structure on the property. 3,4 Y4 Raven Woods CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-306 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 50-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 50-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of November, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 50-87, 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. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 50-87 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 November 17, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Raven Woods CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 50-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #78-25, 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: LaSumnar: This Ordinance allows amendment of the zoning of land located east of Edenvale Boulevard, south of Raven Court, within the RM-6.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) LARK IN, HOFFMAN, DALY & Li NDOREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 TELEPHONE 16121 0353800 TELECOPIER n 5121 835 -5102 SHERRILL OMAN NL/RETICH 2000 PIPER JAFFRAT TOWER 222 SOUTH NINTH STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE n 812 , 338-6810 TELECOPIER 16121 338-1002 REPLY TO MINNEAPOLIS November 10, 1987 Honorable Gary Peterson, Mayor and Members of the City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 Re: Prairie Village Apartments Project Dear Mayor Peterson and Members of the City Council: Enclosed, for your consideration, is a proposed Resolution extending the expiration date of the Inducement Resolution adopted by you on December 2, 1986, pursuant to which, among other things, you gave your preliminary approval to the issuance of $5,750,000 aggregate principal amount of bonds to finance a portion of the costs of the Prairie Village Apartments Project. On October 6, 1987, you adopted a Resolution approving the substitution of a new developer for Prairie Village Limited Partnership. The new developer is a limited partnership to be formed, whose general partners will be Wayne C. Chaney, J. Peter Jungbacker, Century Capital Group, Ltd., and RRM, Inc. (the New Developer). In giving your consent to the approval of the substitution of the New Developer, the expiration date of the Inducement Resolution remained December 2, 1987. We have been advised by Century Capital Group, Ltd. and The Chicago Corporation, the proposed underwriter for the bonds, that if the bonds were marketed today, the interest rate on the bonds would adversely affect the economic feasibility of the Project. Accordingly, we have been requested by the New Developer to ask you for an extension of the Inducement Resolution to December 2, 1988. I have discussed this extension request with Richard Nadeau, of the Minnesota Department of Energy and Economic Development. This was necessary because the Department issued a Certificate of Allocation for this Project in December, 1986, which Certificate of Allocation expires in December, 1987. Mr. Nadeau has advised me that, if the City will extend the expiration date of its Inducement Resolution and I LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Honorable Gary Peterson, Mayor November 10, 1987 Page 2 if he receives an opinion of bond counsel to the effect that such an extension is permissible under the carryforward provisions of the Internal Revenue Code of 1986, and will not result in a loss to the state of that portion of its allocation, he will grant an extension to the Certificate of Allocation. We have agreed to provide Mr. Nadeau with such an opinion. The New Developer and The Chicago Corporation believe that interest rates on tax-exempt bonds will be lower in the reasonably near future. It remains the intent of the New Developer to close on the sale of these bonds prior to the end of the year, subject to interest rates. Enclosed with this letter is a copy of a letter from Century Capital Group, Ltd. regarding the extension. We respectfully request your adoption of the enclosed Resolution approving the expiration date of the Inducement Resolution and thank you for your consideration. We continue to believe the Project is feasible and look forward to its successful completion. Sincerely, Sherrill 0. Kuretich, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. SOK/psb Enclosures cc: Mr. John Frane, Finance Director SOK:DD2s CENTURY CAPITAL GROUP LID. 240 Algoma Blvd. • P.O. Box 2348 • Oshkosh, WI 54903 (414) 426-1404 • Telecopier (414) 235-2290 November 5, 1987 VIA TELECOPIER AND HAND DELIVERED City of Eden Prairie Attention: Mr. John Frane Finance Director Eden Prairie, Minnesota 55344 RE: $5,750,000 City of Eden Prairie, Multi-Family Housing Revenue Bonds (Prairie Village Apartments) Series 1987 Dear Mr. Frane: On December 2, 1986, the City Council of the City of Eden Prairie, M i n n e s o t a (the "City") adopted Resolution 86-295, pursuant to which, among othe r t h i n g s , it gave its preliminary approval to the issuance of the above referenc e d b o n d s , subject to the developer and the City agreeing to a loan agreement o n m u t u a l l y acceptable terms and conditions by December 2, 1987. A Certif i c a t e o f Allocation for the project was granted by the Minnesota Department of E n e r g y a n d Economic Development on December 22, 1986, with an expiration date of D e c e m b e r 2, 1987. On October 6, 1987, the City adopted a resolution approving the substit u t i o n o f a new developer for the original developer, the new developer to be a l i m i t e d partnership, whose general partners will be Wayne C. Chaney, J . P e t e r Jungbacker, Century Capital Group Ltd., and RRM Incorporated. We are advised by The Chicago Corporation, the underwriter for the Bo n d s , t h a t the interest rate on the Bonds, if they were marketed and sold at th i s t i m e , would be 8-1/4 to 8-1/2%. That cost of borrowing, significantly aff e c t s t h e economic feasibility of the Project. We have been advised by bond counsel, Sherrill Kuretich, of Larkin, H o f f m a n , Daly & Lindgren, Ltd., that the allocation for the Project grante d b y t h e Minnesota Department of Energy and Economic Development can, under fed e r a l t a x law, be carried forward for another year. Therefore, given the current environment, the new developer reques t s t h a t t h e date by which the City and the developer must agree to a loan ag r e e m e n t o n mutually acceptable terms and conditions pursuant to which the dev e l o p e r w i l l agree to pay the City principal, premium, if any, and interest on the B o n d s , a n d the other instruments and proceedings relating to the Bonds and by which th e Bonds must be issued and sold, be extended beyond December 2, 1987, t o D e c e m b e r 2, 1988. CENTURY CAPITAL GROUP LTD. e fIJlaney,tflalrm Mr. John Frane City of Eden Prairie Page 2 November 5, 1987 If you need any further information, do not hesitate to contact either us or bond counsel. Sincerely, WCC/ek:CVI:JF RESOLUTION NO. 87-3/' Councilmember introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE EXPIRATION DATE OF INDUCEMENT RESOLUTION NO. 87-277 FOR THE ISSUANCE OF REVENUE BONDS OR NOTES PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, FOR THE PURPOSE OF FINANCING A MULTIFAMILY HOUSING DEVELOPMENT. BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: Section 1. Recitals 1.01. On December 2, 1986, the City adopted Resolution 86-295, pursuant to which, among other things, it gave its preliminary approval to the issuance of bonds or notes in the approximate aggregate face amount of Five Million Seven Hundred Fifty Thousand Dollars ($5,750,000) (the Bonds), to finance a portion of the costs of the Prairie Village Apartments Project (the Project), subject to the City and Prairie Village Limited Partnership (the Original Developer) agreeing to mutually acceptable terms and conditions of a loan agreement by December 2, 1987. 1.02. A Certificate of Allocation for the Project was granted by the Minnesota Department of Energy and Economic Development on December 22, 1986. The expiration date of such allocation is December 2, 1987. A federal volume allocation carryforward was filed on December 29, 1986. 1.03. On October 6, 1987, the City adopted Resolution No. 87-277 (the Inducement Resolution) pursuant to which, among other things, it approved the conveyance of the Project by the Original Developer to a limited partnership to be formed, whose general partners will be Wayne C. Chaney, J. Peter Jungbacker, Century Capital Group, Ltd., and RRM, Incorporated (collectively referred to as Developer). 1.04. The Inducement Resolution provides that all commitments of the City expressed therein are subject to the condition that by December 2, 1987, the City and the Developer shall have agreed to mutually acceptable terms and conditions of the Loan Agreement pursuant to which the Developer will agree to pay to the City principal, premium, if any, and interest on the Bonds, and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth therein do not take place within the time set forth, or any extension thereof, and the Bonds are not sold within such time, the Inducement Resolution will expire and be of no further effect. • 1.05. The Developer and representatives of the Developer have advised the City that, due to current economic conditions, the Bonds could not be sold at interest rates which would permit the Project to be economically feasible at this time. The Developer and its representatives have further advised the City they believe that, if the Inducement Resolution expiration date is extended, Bonds could be sold during such extension period at rates that would make the Project economically feasible. 1.06. The Developer has requested that the City approve the extension of the expiration date of the Inducement Resolution to December 2, 1988, and that all other terms and conditions of the Inducement Resolution remain the same. 1.07. Representatives of the Developer have also advised the City that the Minnesota Department of Energy and Economic Development will extend the expiration date of the Certificate of Allocation to December 2, 1988, upon receipt of an opinion of Bond Counsel that such an extension will not violate the carryforward provisions of Internal Revenue Code of 1986 and upon receipt of a copy of a resolution extending the expiration date of the Inducement Resolution. Section 2. Approval and Authorization 2.01. It is hereby found and determined, based upon the information presented to this Council by the Developer and its representatives, that it would be in the best interests of the City to extend the expiration date of the Inducement Resolution to December 2, 1988. Accordingly, all commitments of the City expressed in Resolution 87-277 are subject to the condition that, by December 2, 1988, the City and the Developer shall have agreed to mutually acceptable terms and conditions of the Loan Agreement pursuant to which the Developer will agree to pay to the City principal, premium, if any, and interest on the Bonds, and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth in the Inducement Resolution do not take place on or before December 2, 1988, or any extension thereof, and the Bonds are not sold within such time, Resolution No. 87-277 shall expire and be of no further effect. 2.02. The Mayor and other officers, employees, and acents of the City, including Bond Counsel, are hereby authorized to notify the Minnesota Department of Energy and Economic Development of the extension of the expiration date of the Inducement Resolution to December 2, 1988, and to request an extension of the expiration date of the Certificate of Allocation for the Project to December 2, 1988. Adopted by the City Council of the City of Eden Prairie, Minnesota, this 17th day of November, 1987. Mayor ATTEST: City Clerk SOK:DC8s MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services 1 41--- November 13, 1987 Change Order No. 1 for Eden Prairie Community Center Partial Repairs Attached is a November 11th letter from Wally Daniels, Project Manager for the Community Center Repair Project, outlining the proposal for Change Order No. 1, which consists of requesting a second coat of epoxy paint on the natatorium wall and approval to apply primer to areas of existing bare block. As Mr. Daniels has noted, the report recommending the techniques for repairing the Community Center included the recommendation of two coats of epoxy paint on the interior wall of the natatorium; however, when the architect was drafting the specifications they inadvertently specified one coat. Although one coat would be an adequate vapor barrier by code, the architect recommends two coats due to the extreme high humidity in the natatorium. The spot priming of bare concrete block is required by the paint manufacturer. During the removal process of the existing paint there are large areas where the paint has been removed down to bare block. The quotes submitted by the contractor appear to be in line with his quotes for the original job and, therefore, the City staff recommend approval of Change Order No. 1. BL:mdd 1011 Mosnet Mall MInneapolis. Minnesota 55403 2491 8121338.8741 FAX 61213313 4840 American Institute of Architects National Society of Professional Engineers An Equal Opportunity Employer Setter, Leach & Lindstrom Inc. Architects Engineers Planners November 11, 1987 Bob Lambert Director of Community Services Eden Prairie City Hall 7600 Executive Drive Eden Prairie, MN 55343 RE: Eden Prairie community Center Dear Mr. Lambert: Enclosed please find Change Order No. 1 for the above project. This Change Order is being submitted for your approval so that this work may be included into the contract documents. Change Order No. 1 consists of two items: 1. A second coat of epoxy paint on the natatorium wall. 2. Application of primer to areas where the existing paint in the natatorium is so severely deteriorated bare block is exposed. The interior surface of the exterior wall of the natatorium is being painted as part of this repair project in order to provide a vapor barrier in the exterior wall. One coat of epoxy paint over the existing wall was specified for this purpose. Although it is technically possible one coat may be adequate as a vapor barrier, two coats were intended to be specified to accomplish this purpose. This, in fact, was noted in our previous report regarding the condition of the construction and suggested repairs to the project. We strongly suggest that the second coat be applied as we feel it is necessary. We also feel that the price submitted by the contractor is satisfactory. Regarding Item 2, spot priming of the concrete block is required to ensure adequate coverage of the epoxy finish coats. Additional primer is necessary as deterioration of the existing paint surface has caused the existing primer to lift from the existing block. Removal of the loose paint in the natatorium in preparation for painting has made this problem particularly evident. The price submitted by the contractor for this additional work appears reasonable. ILl Sincerel Walter J.p6nielt" Project Manager jmm (p-6) 1848.002.04 Enclosure 1 Bob Lambert Eden Paine City Hall Whiter J. Daniels November 11, 1987 Page -2- If you have any questions, please do not h e s i t a t e t o c a l l . C. F. Ha g lin and Sons Co. 4005 West 65th Street 'Edina, MN 55435 CONTRACT FOR: j CONTRACT DATE: October 21, 1987 General Construction *1641A1 65th reet ler Fr, irz i 5 6ukxecutive Drive Address Eden Prairie, MN 55344-3677 BY DATE BY DA Address Edina 5 CHANGE ORDER AM DOCUMENT G701 Distribution to: OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: (name, address) TO (Contractor) r- Partial Repairs to Eden Prairie Community Center, Eden Prairie, Minnesota CHANGE ORDER NUMBER: 1 INITIATION DATE: November 11, 1987 ARCHITECT'S PROJECT NO: 1848.002.04-1 You are directed to make the following changes in this Contract: • PROVIDE LABOR AND/OR MATERIAL TO ACCOMPLISH CHANGES DESCRIBED ON PROPOSAL REQUE S T A S FOLLOWS: Proposal Request 1 2 Remarks See attached Proposal Re q uest See attached Proposal Re q uest Add $ 9,954.00 2.342.00 TOTAL ADD FOR CHANGE ORDER NO. 1: $12,296.00 Attachments: Proposal Re q uest No. 1 dated October 27, 1987 Proposal Re q uest No. 2 dated November 3, 1987 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, Including any adjustment in t h e C o n t r a c t S u m o r C o n t r a c t T i m e . The original (Contract Sum) ((earenteed4,47sitnern-C-osti was $ 276,000.00 Net change by previously authorized Change Orders $ 0.00 The (Contract Sum) (Gueranteerl-MasennenrC-ost)-prior to this Change Order was $ 276,000.00 The (Contract Sum) Kisitrtmered-MaximtmrEost) will be (increased) (decteirsedr(tznehmed) by this Change Order $ 12,296.00 The new (Contract Sum) (Cuaklutoed4.4a.ximum -C-04) including this Change Order will be $ 288,296.00 The Contract Time will be (in‘ce.16erikdo.c.reased) (unchanged) by ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is unchan g ed. Authorized: City of Eden Prairie sett r. Leach & Lindstrom, Inc. C. F. Ha g lin and Sons Co. t iti Vcollelk.all _.ress n :1111111111L 540 ! PINNEMEtt DATE 11 -12 781 MA DOCUMENT tot • CHANGE ORDER • APRIL 1978 EDITION • AIA. • 0 1978 AMERICAN MERICAN IN TITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. :CMG G701 — 1978 ayne E. Brown ecretary-Treasurer S"-) Sandra L. Brown Wayne L. Brown 1612'94033W Bluestem Hills Brown Land Company 10200 Wild Duck Pass*F.den Prairie, Minnesota' 55344 David W. Brown (612)434•0338 November 4, 1987 Mayor and City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Bluestem Hills 4th Addition Twiss Property Dear Mayor and City Council: With reference to the subject property, we would like to withdraw from the November 17, 1987 agenda. We will return in the future when we are able to present more information or a revised plan. Sincerely, BROWN LAND COMPANY OP EDEN PRAIRIE WEB/ck cc:Mr. Mike Franzen - Senior Planner CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-307 RESOLUTION APPROVING THE PRELIMINARY PLAT OF STARRWOOD FOR CARDARELLE AND ASSOCIATES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Starrwood for Cardarelle and Associates, dated September 25, 1987, consisting of 29.19 acres into 42 single family lots, two outlots, and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of December, 1987. Gary D. Peterson, Mayor ATTEST: JOhn D. Frane, City Clerk CITY OFFICES / 7600 EXECUTIVE DRIVE / EDEN PRAIRIE, MN 55340499 I T E L E P H O N E ( 6 1 2 ) 9 3 7 . 2 2 6 2 October 23, 1987 Mr. Frank Cardarelle Cardarelle & Associates, Inc. 8110 Eden Road Eden Prairie, Minnesota 55344 Subject: Starwood Subdivision Dear Frank: Pursuant to our meeting on October 20th, the f o l l o w i n g i s m y r e s p o n s e t o your concerns. Sewer Hook-up: The Metro Waste Control Commi s s i o n w i l l d e t e r m i n e w h e n connecti3ni—EiT5i made to their Interceptor sewer pipe w h i c h i s y e t t o b e constructed. It seems reasonable to assume th a t w h e n t h e p i p e i s c o m p l e t e d past the point where your connection will be m a d e t h a t t h e y w i l l a l l o w s u c h connection even though the balance of the pipe u p s t r e a m i s n o t c o m p l e t e d . T h e City Engineering staff will determine when the l a t e r a l s e w e r s y s t e m s y o u w i l l be building are ready for individual sewer hoo k - u p s . Feasibility Report For Riverview Road and Mitc h e l l R o a d : T h e C i t y E n g i n e e r has been directed to VElude the ResearcE -1oiiilii5RF-71T the Feasibility report already initiated for Mitchell Road. At t h i s t i m e i t i s n o t p o s s i b l e t o say exactly when this Feasibility report will be c o n s i d e r e d b y t h e C o u n c i l , b u t probably not until February or March of next y e a r . I t i s p o s s i b l e t o e x p e c t completion of the base course on the roadway s b y O c t o b e r / N o v e m b e r o f 1 9 8 8 . This project will involve substantial cost t o t h e C i t y a n d w e h a v e n o t y e t identified a funding source. Occupancy of homes i n y o u s u b d i v i s i o n w i l l b e t i e d to having proper road access, bitumious base o r a v e r y s t a b l e g r a v e l b a s e w i l l be required prior to occupancy of homes. Developer Builds Road In Lieu of Assessment s : I t i s p o s s i b l e f o r t h e Developer to bUTTFE 6117Wiah iiition of Research Road over a portion of the frontage in lieu of Special Assessments un d e r a C i t y p r o j e c t . I t s e e m s , however, that it would be much better to have a s i n g l e c o n t r a c t f o r t h e e n t i r e project rather than splitting it up. You sho u l d w o r k w i t h G e n e D i e t z i f y o u wish to pursue this idea. Outlot Dedication: The Planning staff indicate s t h a t t h e p o n d i n O u t l o t B is designated by the DNR as public waters, an d t h e r e f o r e t h e C i t y ' s S h o r e l i n e Ordinance applies. This means that the 150 fo o t s e t b a c k i s r e q u i r e d i n o r d e r to plat the lots adjacent to these public wate r s . D e d i c a t i o n o f t h e O u t l o t t o the City is at your option. I trust that the foregoing addresses the concer n s w e d i s c u s s e d . f r Sinceref[y) ((\ Ni Carl J. t Ju.lie City Manag6 CJ:pb cc: Gene Dietz Chrie I. ) MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission • THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services 11(1•"' DATE: October 29, 1987 SUBJECT: Supplementary Staff Report to the October 23, 1987 Planning Staff Report on Starrwood PEDESTRIAN SYSTEMS A pedestrian connection from Sycamore Court, south to the bike trail within Staring Lake Park, along Research Road will provide a significant shortcut f o r residents to the north and northeast to Staring Lake Park. The Community Services Staff recommend requiring the developer to construct an 8' wide bituminous pathway, to City standards, from Sycamore Court through Outlot 8 t o the sidewalk around the outside perimeter of Flesher Circle. The Community Services Staff is concerned over the ability of the develo p e r t o design a safe trail relating to grades and turning radiuses within the na r r o w portion of Outlot B, north of Lot 10. Staff is always concerned when recommending the construction of a bicycle trail between lots, and a 20' Outlot is the absolute minimum width that should be allowed for a trail between lots, and it is questionable if that width is satisfactory if the r e i s a steep slope where additional grading is required. If a trail cannot be constructed to City specifications within that outlo t , staff would recommend one of the following three alternatives: 1. Widen the outlot, which may require a reconfiguration of several lots. 2. Eliminate Lot 10. 3. Eliminate the trail. BL:md STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: October 23, 1987 PROJECT: Starrwood LOCATION: North of Research Road, east of Mitchell Road, southeast of McCoy Lake APPLICANT: Cardarelle & Associates/Lyman Lumber FEE OWNER: Leonard J. Flesher, Jr. REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 22.4 acres. 2. Preliminary Plat of 29.19 acres into 43 single family lots, 2 outlots, and road right-of-way. Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for development as Low Density Residential land uses. The adjacent properties to the north, east, and west, are also guided for Low Density Residential and the property to the south adjacent Staring Lake is guided for Public Open Space. Specific land uses in this area include Ridgewood West, zoned R1- 13.5 to the north and east, Staring Lake Park and Research Road to the south, and large lot single family development, McCoy Lake, and Mitchell Road to the west. The proponent is requesting a zoning district change from Rural to R1- 13.5 and a preliminary plat of approximately 29.19 acres into 43 . lots and 2 outlots. Starrwood 2 October 23, 1987 Site Plan/Preliminary Plat This site contains 29.19 acres, of which, 6.76 acres are proposed to be d e d i c a t e d t o the City as Outlot B. Outlot A, containing approximately 0.03 ac r e s w i l l b e combined with the property to the south when platted. A total of appro x i m a t e l y 2 2 . 4 acres remain for development. There are 43 lots proposed within the su b d i v i s i o n a t a gross density of 1.47 units per acre. Lot sizes range from a maxi m u m o f 4 7 , 6 0 7 square feet to a minimum of 13,502 square feet with an average l o t s i z e o f approximately 18,399 square feet. All of the lots meet the minimum re q u i r e m e n t s o f the R1-13.5 zoning district. This property is located within Airport Safety Zone C. Guidelines for d e v e l o p m e n t within Airport Safety Zone C state that "No use shall be made of any l a n d i n a n y o f the safety zones which creates or causes interference with the operati o n o f r a d i o o r electronic communications between the airport and aircraft, makes it d i f f i c u l t f o r pilots to distinguish between airport lights and other lights, result s i n g l a r e i n the eyes of pilots using the airport, impair visibility in the vic i n i t y o f t h e airport, or otherwise endangers the landing, taking off, or man e u v e r i n g o f aircraft". Single family residential development is not expected to v i o l a t e a n y o f the preceeding guidelines. Shoreland Ordinance Because Staring Lake and McCoy Lake have been classified as Recreationa l D e v e l o p m e n t Waters, development within 1,000 feet of the Ordinary High Water Mark i s s u b j e c t t o Shoreland regulations. The subdivision has been designed so that no l o t s h a v e b e e n classified as abutting, which are defined as lots abutting the Ordina r y H i g h W a t e r Mark or within 150 feet thereof. Because of this, the following requir e m e n t s o f t h e Shoreland Ordinance apply: 1. The building height shall not exceed 30 feet. 2. The impervious surface shall not exceed 30% of the total lot area. 3. Structure shall be placed at an elevation 7 feet above the 100-year fl o o d elevation. All of the lots meet the minimum requirements of the Shoreland Ordinanc e . Access Access to this site is provided from three different locations. T o t h e n o r t h , access would be from the extension of Sycamore Court. The Sycamo r e C o u r t r o a d extension would terminate in a cul-de-sac and service five lots. Access to the western portion of the site would be by an addition a l c u l - d e - s a c extending from Mitchell Road and servicing ten single family lots. Di r e c t a c c e s s t o Mitchell Road is provided by a roadway easement on the Guille p r o p e r t y . T h i s easement shall be recorded concurrent with the final plat. Although it would be physically possible to extend the cul-de-sac to R e s e a r c h R o a d , there are a number of reasons why it is not recommended: 1. With the extension, there would be four access points onto Research R o a d within 1,400 feet and three access points within 750 feet which i s undesirable from a traffic standpoint. Starrwood 3 October 23, 1987 2. With the upgrading of Mitchell and Research Road, the extension of Starrwood Circle through Research Road may provide a shortcut between the two major streets and again be considered undesirable. The majority of this site would be accessed by a loop road off Research Road. A total of 29 lots would be served by the extension of Flesher Circle. In order for Flesher Circle to meet City standards, the bubble serving Lots 4, 5, and 6, Block 2, must be redesigned which would require the tapering of the bubble to an eyebrow shape. In addition, the proposed Jenkins Addition, located to the east of the subject property, would also be served by the extension of the most easterly access point. The proponent is dedicating the necessary right-of-way to allow this road extension to be centered on the property line between this project and the Jenkins project. Primary access to this site is from Research Road and Mitchell Road which are currently unimproved. The proponent has indicated that they will be petitioning along with other property owners in the area, for the upgrading of both Research Road and Mitchell Road. A special assessment agreement will be required for the construction of these roadways. At a minimum, depending upon the outcome of the feasibility reports, Research Road should be constructed concurrent with the development of this project. Grading/Tree Replacement Due to the location of this property adjacent to Staring Lake and McCoy Lake, this site contains a significant amount of natural site characteristics including steep slopes and wooded areas. A high point elevation of 866 is adjacent Sycamore Court along the north property line and 876 contour elevation along the eastern property line behind the existing house. The site slopes primarily in a southerly and westerly direction towards Staring Lake and McCoy Lake. Natural grades on-site exceed 2/1 in the sloped areas. Low points on the site exist at the 820 contour elevation within Outlot B adjacent McCoy Lake and the 824 contour elevation along the south property line adjacent Research Road. The majority of the site, in order to provide building pads and road locations, is being graded." There are some exceptions which would include the slopes along the eastern property line and the hill along the northern property line. Maximum cut would be approximately 12 feet located along Starrwood Circle with some filling occuring in various areas throughout the site. Because of the grade difference between the proposed street and the existing house (30 feet) located on Lot 5, Block 2, a series of retaining walls are being proposed to allow for the construction of the driveway. Elevations on the driveway range from 868 adjacent the house to 840 adjacent the curb line. Maximum slope on the driveway shall not exceed 12%. The maximum height of the retaining wall is approximatley 10 feet. Any retaining wall over 4 feet in height requires a building permit. Detailed retaining wall plans shall be submitted and the walls constructed concurrent with site grading. Based upon the plans dated October 20, 1987, there are a total of 1,139 caliper inches of signficant trees on the site. Of these trees, 421 caliper inches of significant trees are being removed. The tree replacement policy would require a total of 297 caliper inches of plant material be replaced on-site. The proponent has indicated that there are a number of evergreen trees on the property which may be transplanted. Suitable trees may be transplanted subject to inspection by the City Forester. A tree replacement plan indicating the replacement of 297 caliper inches shall be submitted prior to City Council review. Starrwood 4 October 23, 1987 Utilities Water, sanitary sewer, and storm sewer services are available to this site. Water service is to be provided by extensions from a six-inch water line within Sycamore Court, a 12-inch water line within Research Road, and a 20-inch water line through Mitchell Road. Sanitary sewer is proposed to be serviced from the proposed Red Rock interceptor to be constructed within Research Road. It is not expected that sewer service will be available until Fall of 1988. Due to the location of this project between McCoy Lake and Staring Lake, this would be the first section of the Chain-Of-Lakes project which is being proposed by the Riley-Purgatory-Bluff Creek-Watershed District as petitioned by the City of Eden Prairie. In order to provide the necessary storage within McCoy Lake, an earth embankment at the outlet of McCoy Lake is being constructed. McCoy Lake will then outlet south into Staring Lake through a 27-inch storm sewer pipe constructed within Flesher Circle. The remainder of the project is serviced by a series of catch basins designed throughout the street system with connection made to the major storm sewer between McCoy Lake and Staring Lake. Proposed plans are subject to review by the City Engineering Department and the Watershed District. Pedestrian Systems In order to provide access to the Staring Lake park system from properties to the north, an 8-foot bituminous trail has been designed to extend from Sycamore Court through Outlot B and Flesher Circle to Research Road. These connections will be made through a minimum of 20-foot outlots through the project with a connection to a loop sidewalk system along the outer edge of Flesher Circle. As part of the feasibility report for Research Road, the plan should take into consideration the appropriate street crossings from this subdivision to the trail system around Staring Lake. STAFF RECOMMENDATIONS Staff would recommend approval of the Starrwood Addition project based upon plans dated October 18, 1987, and subject to the Staff Report dated October 23, 1987, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Provide a tree replacement plan depicting 297 caliper inches of plant material. B. Provide petitions for the upgrading of Research Road and Mitchell Road. C. Revise the plans to reflect the appropriate design for the bubble serving Lots 4, 5, and 6, Block 2. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water and erosion control plans for review by the Watershed District. Starrwood 5 October 23, 1987 B. Submit detailed storm water run-off, utility, and erosion control plans for the City Engineer. 3. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of any grading. Stake all grading with a snow fence. Any trees lost outside the limits shall be replaced on an area inch per area inch basis. B. Stake the construction limits with erosion control fencing. C. Submit detailed retaining wall plans.' All retaining walls shall be constructed concurrent with grading. 4. Concurrent with Final Plat, proponent may dedicate Outlot B to the City for conservation purposes, or retain in a Homeowners' Association, outlot with a trail easement to the City. 5. Concurrent with final plat, proponent shall record the roadway easement for the construction of Starrwood Circle. 6. Prior to the release of the final plat, the proponent shall enter into a special assessment agreement with the City of Eden Prairie for the upgrading of Research Road and Mitchell Road. Eden Prairie Planning Commission - October 26, 1987 - Page Seven . D. STARRWOOD, Cardarelle & Associates. Request for Zoning District Change from Rural to R1-13.5 on 22.4 acres, Preliminary Platting of 29.19 acres into 43 single family lots, 2 outlots, and road right-of-way. Location: North of Research Road, east of Mitchell Road, southeast of McCoy Lake. A public hearing. Frank Cardarelle, proponent representative, indicated on plat the 43 lots proposed within the subdivision at a gross density of 1.47 units per acre on the north side of Starring Lake containing 29.19 acres of rolling land. Lot sizes range from a maximum of 47,607 to a minimum of 13,502 square feet with an average lot size of 18,399 square feet, of which all meet the minimum requirements of the R1-13.5 Zoning District. Proponent further explained that hard surface roads and curbs have been petitioned. They have a letter from Merle Gamm supporting this. Outlot A, containing seven (7) acres will either be dedicated to the City or the Homeowners' Association. Uram indicated that this site would be accessed by a loop road off Research Road. A total of 29 lots would be served by the extension of Flesher Circle. In order for Flesher Circle to meet City standards, the bubble serving Lots 4, 5, and 6, Block 2, will be redesigned requiring the tapering of the bubble to an eyebrow shape. Access to western portion of the site would be by an additional cul-de-sac extending from Mitchell Road and serving ten single family lots. Direct access to Mitchell Road is provided by a roadway easement on the Guille property. This easement shall be recorded concurrent with the final plat. Uram further stated the tree replacement policy would require a total of 297 caliper inches of plant material be replaced on the site. The proponent indicated there are a number of evergreen trees on the property which may be transplanted. Suitable trees may be transplanted subject to inspection by the City Forester. Uram commented that due to the location of this project between McCoy Lake and Starring Lake, this will be the first section of the Chain-of-Lakes project which is being proposed by the Riley- Purgatory-Bluff Creek Watershed District as petitioned by the City of Eden Prairie. Uram pointed out that the Staff recommends the following: 1. Concurrent with final plat, proponent may dedicate Outlot B to the City for conservation purposes or retain in a Homeowners' Association, outlot with a trail easement to the City. Eden Prairie Planning Commission October 26, 1987 - Page Eight 2. Concurrent with final plat, proponent shall record the roadway easement for the construction of Starrwood Circle. 3. Prior to the release of the final plat, the proponent shall enter into a special assessment agreement with the City of Eden Prairie for the upgrading of Research Road and Mitchell Road. Acting Chairman Hallett asked if anyone in the audience would like to speak. Hallett asked Staff if the trail around McCoy Lake will be built before the homeowners can say no to it? Uram responded that it is not possible at this time, however, this matter will go to Parks and Recreation Commission. Arthur B. Weeks, 8789 Sycamore Court, had a question regarding t h e type of housing planned for the area as to what price range the development is talking. Proponent advised they anticipate homes in the range of $200,000 to $300,000. Weeks also inquired as to the cut off from Sycamore and Research Road with type of houses presently there. Proponent said basically a price range has been set in that area, and additiona l homes will be comparable. No further questions were asked by audience and Acting Chairman Hallett requested a motion to close public hearing. MOTION 1: Motion was made by Bye and seconded by Fell to close the public hearing. Motion carried 5-0-0 MOTION 2: Motion was made by Bye and seconded by Fell to recommend to the City Council approval of the request of Cardarelle & Associates for Zoning District Change from Rural to R1-13.5 for 22.4 acres, to be known as Starrwood, based on revised plans dated October 19, 1987, subject to the recommendations of the Staff Report dated October 23, 1987, subject to the Staff Report of October 23, 1987 . Motion carried 5-0-0 MOTION 3: Motion was made by Bye and Seconded by Fell to recommend to the City Council approval of the request of Cardarelle & Associates for Preliminary Plat of 29.19 acres into 43 single family lots, two lots, and road right-of-way, to be known as Starrwood, based on revised plans dated October 19, 1987, subject to the recommendations of the Staff Report dated October 23, 1987. Motion carried 5-0-0 / Eden Prairie Planning Commissi o n - O c t o b e r 2 6 , 1 9 8 7 - Page Nine V. OLD BUSINESS Hallett inquired of Staff about t h e parking lot at Wilson Learning Center that is totally visible v i o l a t i n g C i t y r e g u l a t i o n s . E a g e r responded that trees planted hav e p r o v e n i n e f f e c t i v e a n d t h e r e w a s not enough room to allow harming . C i t y S t a f f i s c u r r e n t l y reviewing the situation. Eager added that the loading doc k a t t h a t l o c a t i o n i s b e i n g screened a new way with masonry a n d f e n c e a n d t h e r e s u l t s w e r e very satisfactory. If Commission m e m b e r s a r e i n t h e v i c i n i t y t h e y should observe this. Dodge inquired to Staff of letter m e n t i o n e d a t t h e S e p t e m b e r 2 8 meeting that was to be sent to C o m m i s s i o n w h i c h w a s n e v e r received. Hallett added a recom m e n d a t i o n w a s m a d e t h a t y o u s e n d a copy to members. Eager responded this was an ove r s i g h t a n d t h e l e t t e r w o u l d b e forwarded to all members. VI. NEW BUSINESS Dodge requested that Staff pleas e n o t i f y b y p h o n e o r s e p a r a t e letter, of any meetings beside r e g u l a r C o m m i s s i o n m e e t i n g , s u c h a s the October 14th meeting. Eager responded that this will b e f o r w a r d e d t o S t a f f a n d r e q u e s t e will be acted upon. VI/. PLANNER'S REPORT Eager reported on strategic pla n n i n g c o n s u l t a n t . H e h a s b e e n hired to discover policy and ho w e v e r y t h i n g w o r k s . H e w i l l b e here for two months and City ho p e s t o o b t a i n b e t t e r c o m m u n i c a - tion, and goal setting with Cou n c i l i n d i s c u s s i o n , n o t j u s t mentioning the goals. To obtain g u i d e l i n e s , g o a l s a n d o b j e c t i v e s , the strategic plan will aid us i n u n d e r s t a n d i n g t h e d y n a m i c s . VIII. ADJOURNMENT Meeting adjourned at 9:46 PM. M o t i o n w a s m a d e b y D o d g e , seconded by Fell. Motion carried 5-0-0 Respectfully submitted, Sue Masear Anderson 947 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-308 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFFS EAST 5TH FOR HUSTAD DEVELOPMENT CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bluffs East 5th for Hustad Development Cor p o r a t i o n , dated September 25, 1987, consisting of 30.1 acres into 34 single family l o t s , 3 outlots, and road right-of-way, a copy of which is on file at the City H a l l , i s found to be in conformance with the provisions of the Eden Prairie Zo n i n g a n d Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of December, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Hustad DEVELOPMENT November 13, 1987 City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Notice of Withdrawal from Agenda November 17, 1987 Meeting Dear City Council, Unfortunately, I was not represented at the appropriate Park and Recreation Commission meeting discussing important issues relating to the development of the second phase of the Creek Knolls project. I think it best to delay bringing the project to the council until I have an opportunity to address these matters with the park and recreation commission. We are scheduled to be on their agenda December Fourth. We would appreciate a spot on the City Council agenda as soon thereafter as possible. Very sincerely, llace H. Hustad, Sr. President Hustad Development Corporation cc: Kate Karnes, Planning Department Donald Uram, Planning Department 7460 Market Place Drive • Eden Prairie, MN 55344 • 941-4383 2q(AA AREA LOCATION MAP STAFF REPORT Planning Commission Planning Staff October 23, 1987 Bluffs East 5th Addition Southwest of Franlo Road, north of Purgatory Creek Hustad Development Corporation Wallace Hustad 1. Zoning District Change from Rural to R1-13.5 on 17.7 acres. 2. Preliminary Plat of 30.1 acres into 34 single family lots, and three outlots. TO: FROM: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REOUEST: Background The Comprehensive Guide Plan depicts this site as Low Density Res- idential. The surrounding land area is guided Low Density Residential to the north, east, and west, and Public Open Space to the south along Purgatory Creek. This 17.7-acre site is part of the 1986 Bluff Country PUD totalling 305 res- idential units on 186 acres of land at an overall density of 2.1 dwelling units per acre. In addition, approximately 50 acres are to be set aside as a preservation area. The entire 17.7-acre site is currently zoned Rural. Preliminary Plat The preliminary plat depicts the subdivision of 30.1 gross acres into 34 single family lots and three outlots at a net density of 1.9 dwelling units per acre. Outlot C, containing approximately 16 acres, will remain unzoned, for development in the future. The Guide Plan would Bluffs Fast 5th Addition 2 October 23, 1987 allow up to 2.5 units per acre. Lot sizes range from 14,02 0 t o 3 3 , 6 6 0 s q u a r e f e e t with an average of 18,937 square feet. All of the l o t s m e e t t h e m i n i m u m requirements of the R1-13.5 zoning district with the excepti o n o f L o t 7 a n d L o t 1 3 , Block I, which should be revised to meet the minimum street f r o n t a g e r e q u i r e m e n t s o f 55 and 85 feet, respectively. Outlot B is proposed as a si g n l o c a t i o n a n d w i l l b e maintained by the Homeowners' Association. Access The 1986 Bluff Country PUD was approved with requirements for a loop road connection between Meade Lane and Franlo Road, and paving of existing B l u f f R o a d f r o m P h a s e I to County Road #18. Meade Lane is proposed to connect to Fr a n l o R o a d a l o n g A n t l e r Ridge Drive. The bubble serving Lots 4, 5, and 6, Block 2, s o u t h o f M e a d e L a n e m u s t be designed to City standards which would require the 'taper i n g o f t h e b u b b l e t o a n eyebrow shape. In accordance with the original Bluff Country PUD Develop e r ' s A g r e e m e n t , d a t e d August 19, 1986, the proponent agreed to construct a tem p o r a r y t w o - i n c h t h i c k bituminous surface for Bluff Road concurrent with the Ph a s e I I d e v e l o p m e n t t o b e completed no later than Spring of 1988. A temporary bitu m i n o u s r o a d s u r f a c e f o r Bluff Road will be installed with the construction of the B l u f f ' s E a s t 5 t h A d d i t i o n in the Spring of 1988. The paving of Bluff Road is propos e d a l o n g a n e w a l i g n m e n t to service the Creek Knolls Addition to the east with a co n n e c t i o n m a d e t o e x i s t i n g Bluff Road as dedicated in Bluff's East 4th Addition. Cur r e n t l y , t h e r i g h t - o f - w a y for the realignment of Bluff Road is depicted as an easem e n t b u t w i l l b e d e d i c a t e d to the City when the property is platted. This arrangeme n t i s a c c e p t a b l e t o t h e Engineering Department. The upgrading of Bluff Road will generate more through tra f f i c f r o m F r a n l o R o a d t o County Road #18. Due to the increase in traffic, concern h a s b e e n r a i s e d r e g a r d i n g the intersection of Bluff Road and County Road #18. In re s p o n s e t o t h a t , H e n n e p i n County is requiring that the developer construct a by-pas s l a n e a n d a r i g h t t u r n lane on County Road #18 as part of the improvements t o t h e e x i s t i n g B l u f f Road/County Road #I8 intersection (see Attachment A). The p r o p o n e n t s h o u l d c o n t a c t Hennepin County regarding intersection improvement details. Grading The upper portions of this site are relatively level and sit e s a d j a c e n t t o P u r g a t o r y Creek are very steep. None of the lots are in the Purgatory C r e e k c o n s e r v a n c y a r e a ; however, some portions of the lots are within the transition a r e a w h i c h i s a " b u i l d - with-care" zone. The upper portions of two major ravine s a r e b e i n g f i l l e d t o accommodate building pads. The grading proposed is consisten t w i t h t h e m a s s g r a d i n g plan of the approved POD. Fill in the upper portions of the r a v i n e w i l l n o t r e s u l t in the loss of any significant trees of twelve inches o r g r e a t e r i n s i z e . T h e amount of fill proposed is minimal compared with the total l e n g t h o f t h e r a v i n e . N o stormwater run-off is proposed to drain into either ravi n e . T h e r e g r a d e d a r e a s along the ravine are proposed at 2/1 slopes. To help minimi z e e r o s i o n , t h e s l o p e s should be decreased to 2.5/1 and a fiber blanket with a deep s e e d m i x t u r e s h o u l d b e utilized to help stabilize the slopes after regrading. A re v i s e d g r a d i n g p l a n m u s t be submitted which reflect the decreased slopes. The developer is proposing to grade only a portion of t h e l o t s p r i m a r i l y o n t h e north side of Antlers Ridge Drive and Meade Lane. The lo t s a d j a c e n t t o P u r g a t o r y Bluffs East 5th Addition 3 October 23, 1987 Creek are proposed to be graded on a lot by lot basis at the time of building permit issuance. Our experience with lot by lot grading is that it does not work because each owner wants to grade their lot different and overall drainage plans are difficult to implement. For these reasons, all lots must be graded concurrent with street construction. The proponent must submit a revised grading plan which shows the grading of Lots 9 - 13, Block 1. Tree Replacement There are 348 caliper inches of significant trees on-site located primarily on the lots adjacent to Purgatory Creek. Of this total, 225 inches would be lost due to construction or a 60% tree loss. The tree replacement policy would require the replacement of 345 caliper inches. Prior to City Council review, the proponent should provide a tree replacement plan for 345 inches. Pedestrian Systems As part of the overall pedestrian system plan for Eden Prairie, there is a need for a sidewalk along the south side of Meade Lane and Antlers Ridge Drive. Outlot A as depicted on the preliminary plat is to be set aside for access to a scenic overlook of Purgatory Creek from a high point to the southwest of the project. The proponent has indicated that Outlots A, B and C, Bluff's East 4th Addition, will be gifted to the City with the development of the adjacent property. The leveloper will be required, concurrent with road construction, to build a five-foot wide concrete sidewalk within the Outlot as depicted on Sheet 2, PUD Concept Plan and Phasing Plan. All sidewalks within this project are to be constructed concurrent with street construction within City right-of-way. Utilities Sanitary sewer and water service is available to this site by connections made to an existing 6" water line and 8" sewer line located with Meade Lane and Antlers Ridge Drive. Storm water run-off is proposed to drain ultimately into Purgatory Creek through a series of catch basins and holding ponds designed for the entire Bluff Country PUD. Specific issues and recommendations regarding the Bluffs East 5th Addition storm water management proposal are addressed in a memo from Alan Gray, City Engineer, dated October 22, 1987 (see Attachment B). STAFF RECOMMENDATIONS The Staff would recommend approval of the request for Rezoning from Rural to R1-13.5 and Preliminary Plat of 30.1 acres into 34 single family lots, and three outlots, based on plans dated September 25, 1987, subject to the recommendations of the Staff Report dated October 23, 1987, and subject to the following conditions: 1. Prior to City Council review, proponent shall: A. Revise the preliminary plat to depict the minimum street frontages for Lot 7 and Lot 13, Block 2. B. Submit a tree replacement plan for 345 caliper inches. Bluffs East 5th Addition 4 October 23, 1987 C. Revise the grading plan to show grading on Lots 9-13 adjacent to Purgatory Creek. D. Five-foot wide concrete sidewalks shall be constructed along the south side of Meade Lane and Antlers Ridge Drive and within Outlot A as approved by the Director of Community Services. E. Revise the grading plan adjacent to Purgatory Creek from 2/1 slopes to 2.5/1 slopes with proper erosion control. F. Revise the grading plan to reduce slopes below the high water elevation established for the pond to within the range of 6/1 to 10/1 preferred. G. Revise the grading plan to reflect the relocation of the 834 contour elevation (high water level of the pond) beyond the building pads located on Lots 4 and 5, Block 3. H. Revise the grading plan to incorporate an emergency overflow from the pond at an elevation below proposed structure elevations on Block 3. I. Revise the grading plan to reflect an additional catch basin at the northeast corner of Lot 3, Block 4 to intercept backyard drainage. This catch basin should be connected via storm sewer to the storm water holding pond in Block 3. J. Revise the grading plan to reflect basement elevations for Lots 1 - 5, Block 3, at a minimum of 836.1, which is two feet higher than the high water elevation for the storm water holding pond. The graded elevation around the structures in Block 3 should be a minimum of two feet higher than the emergency overflow elevation provided for the holding pond. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, utility, 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 Building permit issuance, proponent shall: A. Pay the Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. 4. All lots shall be graded concurrent with street construction. 5. Plans shall be submitted depicting a by-pass lane and right turn lane on County Road 18 and constructed as required by Hennepin County. 6. Concurrent with the construction of the Bluff's East 5th Addition, proponent shall install a temporary 2-inch thick , bituminous surface for Bluff Road. HENNEPIN October DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343-8468 935-3381 T1Y935-6433 9, 1987 Mr. Chris Enger Planning Director City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Enger: RE: Proposed Plat - Bluffs East 5th Addition CSAH 18/1, Southwest quadrant Section 36, Township 116, Range 22 Hennepin County Plat No. 1577 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: - Hennepin County is preparing a plan for future right of way requirements for the CSAH 18/CSAH l(Pioneer Trail) intersection. The final right of way needs along CSAH 1 or CSAH 18 will not be known until that plan is completed. For information on right of way needs from the entire Bluffs East Country PUD contact Bruce Polaczyk, Hennepin County Preliminary Design Engineer, - As part of the improvements to the existing Bluff Road/CSAH 18 intersection the developer must construct a by-pass lane (Attachment 1) and a right turn lane (Attachment 2). - Hennepin County strongly recommends that Eden Prairie not permit the connection between the Bluffs East PUD and the Cardarelle/Pemtom Development until the improvements highlighted in the letter to Al Gray, Eden Prairie City Engineer, (Attachment 3) are completed to improve the sight distance on CSAH 1. - Any revision to an existing access to a county road requires an approved Hennepin County entrance permit before beginning any construction. Contact our Maintenance Division for entrance permit forms. - All proposed construction within County right of way requires an approvrd utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Maintenance Division for utility permit forms. HENNEPIN COUNTY on equal opportunity employer ATTACHMENT A C. Enger October 8, 1987 . Page 2 - The developer must restore all areas di s t u r b e d d u r i n g c o n s t r u c t i o n w i t h i n County right of way. Please direct any response or questions t o L e s W e i g e l t . Sincer°7 naAl 7/114". David W. Schmidt, P.E. Transportation Planning DWS/LOW:lw BY -PASS LANE (RECOMMENDED DIMENSIONS) 50' • •I• 200' LA 4(774 C.11/1-1E-A17- HENN. CO. TRAFFIC DIVISION JANUARY 1979 300' d 30'R RIGHT TURN LANE (RECOMMENDED DIMENSIONS) X7-7-14c,ot1eNT 2 HENN. CO. TRAFFIC DIVISION HENNEPIN DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins. Minnesota 55343-8468 935-3361 TTY 935-6433 July 28. 1987 Al Gray, City Engineer City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 Re: Cardarelle/Hustad Developments Al: As discussed during our meeting of July 22. 1987, Hennepin County is requesting that the City of Eden Prairie pursue a roadway improvement on County State Aid Highway (CSAH) 1 immediately west of CSAH 18 in conjunction with the above noted developments. Hennepin County strongly prefers that this project reflect the enclosed plans that were previously proposed. Briefly, these plans included extending the four lane srgment approximately one-quarter mile west of CSAM 18 and, more importantly, flattening the 'S curves along this segment. The main reason we are requesting this work is that some improvement to CSAH 1 is necessary due to the new street intersection proposed by Cardarelle. Since this access location is basically 'locked in' and is potentially hazardous due to the 'S' curves and since Hennepin County policy requires auxiliary lanes for street entrances serving substantial developments where ADTs exceed 5000 vehicles per day, this plan seems a reasonable solution. Moreover, if the City's storm sewer project can be included. unit costs can hopefully be minimized while providing substantial improvements. Thanks for your cooperation in this matter and please call if there are further questions. Sincerely, t<242 :. David K. Zetterstrom Entrance Permit Coordinator r7ACHNIEN 7 3 DKZ:pl cc: Frank Cardarelle Duane Herbst, Pemtom Corporation HENNEPIN COUNTY on couo: coportunitv vrr:cyci -MEMORADUM- TO: Eden Prairie Planning Commission FROM: Alan D. Gray, City Engineer DATE: October 22, 1987 SUBJECT: BLUFFS EAST 5TH ADDITION STORM WATER MANAGEMENT Introduction The purpose of this memo is to outline the Engineering Division's review of the preliminary plat documents for Bluffs East 5th Addition. The comments in this memo will be directed specifically toward storm water management features which are described on figures 10, 11 and 12 of the preliminary plat submittal. Figure 10: Grading and Erosion Control The grading plan shows the development of a storm water holding pond over Lots 2, 3, 4 and 5 of Block 3 Bluffs East 5th Addition. The need for this holding pond was identified in a overall storm sewer study for the Bluff Country POD. This holding pond will receive storm water run-off from a significant drainage area north of the Bluffs East 5th Addition. The outlet storm sewer for this holding pond is currently under construction as part of City Improvement Contract 52-096. The design parameters for this holding pond were first outlined in a report prepared by Hedlund Engineering and submitted to the City of Eden Prairie in June, 1986. That report indicated the holding pond would have a normal water elevation of 826 and a high water elevation of 835.7 based on the critical 100- year storm event. To perform within these parameters the holding pond would require approximately 13 acre feet of storage between normal and high water elevations. Based on the capacity of the out-fall storm sewer currently under construction, studies performed by a consultant to the City indicate that the storage requirements may be reduced to approximately 4 acre feet between the normal water elevation 826 and an anticipated high water elevation of 834.1. The design criteria shown on Figure 10 indicates an anticipated high water level of 832.0. The storage volume is not indicated on the plan. The design of the pond should be coordinated with the design parameters most recently established based on the hydraulic capacity of the out-fall storm sewer currently under construction. The pond as currently shown on Figure 10 would be a wet holding pond with a water depth of approximately 4 feet when the water surface was at normal water elevation of 826.0. The natural soils in this area are very sandy and we would ATTACHMENT B Page 2 of 2 October 22, 1987 anticipate high seepage rates making maintenance of the normal water elevation difficult during dry periods. If a wet pond is proposed,a seal may be desir- able in order to maintain normal water levels. Wet holding ponds may experience weed and algae growth and develop other undesirable characateristics during the drier summer months. The Public Works Department prefers dry holding pond designs with provisions to carry low flows within an enclosed conduit system below grade. The current design utilizes 3 to 1 side slopes for the pond both below and above the normal water elevation of 826.0. Steep slopes increase the hazard of this type of facility to small children. We would recommend that slopes below the high water elevation established for the pond be flattened with slopes in the range of 6:1 to 10:1 preferred. Figure 10 indicates the 834 contour (high water level for the pond) extending into building pads on Lots 4 and 5 of Block 3. These contours need to be revised so that ponding limits are retained and the backyards and do not extend into building pads. Based on the current grading plan a blockage of the outlet storm sewer or a storm event exceeding the design criteria for this system such as occured on July 23, 1987 could result in ponding elevations of approximately 840. This would result in the flooding of the five proposed single family homes on Block 3, Bluffs East 5th Addition. We would recommend that the grading plan be revised to incorporate an emergency overflow at an elevation below proposed structure elevations. Figure 11 - Proposed Utilities In addition to the storm sewer shown on this drawing we would recommend the addition of a catch basin at the northeast corner of Lot 3, Block 4 to inter- cept the backyard drainage from Lots 4, 5 and 6 of Block 4 as well as the backyards of future lots to be developed on the south side of Meade Lane as it is extended easterly as part of a future subdivision. This caich basin should be connected via storm sewer to the storm water holding pond in Block 3. Figure 12 - Development Plan This figure shows the proposed building pad elevations for each of the residen- tial lots within the subdivision. Rear basement walkouts are currently proposed for Lots 1 through 5 in Block 3. Proposed basement elevation should be raised to a minimum of 836.1 which is two feet higher than the anticipated high water elevation for the storm water holding pond in the rear of these lots. In addition, the graded elevation around the structures in Block 3 should be a mimimum of two feet higher than the emergency overflow elevation provided for the holding pond. These criteria may make it difficult to develop these partic- ular lots utilizing rear walkout basements. Eden Prairie Planning Commission October 26, 1987 - Page Four I. C. BLUFFS EAST 5th ADDITION, by Hustad Development Corporation. Request for Zoning District Change from Rural to R1-13.5 on 17.68 acres, and Preliminary Plat of 30.1 acres into 34 single family lots, 3 outlots, and road right- of-way. Location: Southeast of Meade Lane extension, west of Franlo Road, northwest of Antlers Ridge extension. A public hearing. Bob Smith, representative for proponent, presented the preliminary plat depicting the subdivision of 30.1 gross acres into 34 single family lots and three outlots at a net density of 1.9 dwelling units per acre. Outlot C, approximately 16 acres, will remain unzoned, for development in the future. Lot sizes will range from 14,020 to 30,660 square feet with an average of 18,937 square feet. The lots will meet the minimum requirement of the R1-13.5 zoning district with the exception of Lot 7 and Lot 13, Block 1, which have been revised to meet the minimum street frontage requirements of 55 and 85 feet, respectively. Outlut B is proposed as a sign location and will be maintained by the Homeowners' Association. Eden Prairie Planning Commission - October 26, 1987 Page Five Proponent explained the grading proposed is consistent with the mass grading plan of the approved PUD. Fill in the upper portions of the ravine will not result in the loss of any significant trees of twelve inches or greater in size. The amount of fill proposed is minimal compared with the total length of the ravine. No stormwater run-off is proposed to drain into either ravine. The regraded areas along the ravine were proposed at 2/1 slopes, however to help minimize erosion and per Staff Report, the slopes will be decreased to 2.5/1 and a fiber blanket with a deep seed mixture will be utilized to stabilize the slopes after regrading. A grading plan will be submitted to reflect the decreased slopes. Don Uram, Assistant Planner, stated the project is consistent with the PUD Bluff Country Developer's Agreement previously approved; however, plans shall be revised in accordance with the list of recommendations by Alan Gray, City Engineer, regarding drainage in the area. Concern has been raised regarding the grading of lots adjacent to Purgatory Creek. City policy currently requires all lots to be graded concurrent with street construction. Revised grading plan shall be submitted reflecting lot grading. Acting Chairman Hallett felt the proposal has a lot of loose ends to take care of before approaching City Council. The grading proposal should be approved by Planning Commission in order for City Council to approve street, traffic, and drainage proposals. The proposal should come back before the Planning Commission for further review based on revised plans. The Commission should be concerned with street frontage, tree replacement, grading plan per City Engineer, and sidewalks. Fell inquired as to soil report. Enger responded that soil report indicated the area is sandy salt with very little top soil, which was the cause of the wash out in the 60's. Developer will reconstruct washed out area. Fell questioned the traffic increase on Pioneer Trail and Homeward Hills Road, and if traffic lights are needed. Enger responded that traffic was evaluated and the Ctiy will check back on this after the project has been constructed to study warrant of a signal at that intersection. Wallace Hustad, Developer, stated to the Commission that the Developer and the City have had meetings on this project and have resolved the majority of issues. However, specific technical issues remain which require solution by the Engineer- ing Department. I. Eden Prairie Planning Commission October 26, 1987 - Page Six Fell agreed with Staff, but feels technical review s h o u l d b e b y the Planning Commission rather than at c i t y C o u n c i l m e e t i n g . I f i t can be resolved, Staff should present i t t o P l a n n i n g C o m m i s s i o n . Enger responded that its down to one it e m w h i c h i s g r a d e t h e c r e e k lots now or later. Acting Chairman Hallett felt that due t o t h e d i f f e r e n c e o f opinions on this matter, perhaps Commis s i o n w a s c o m f o r t a b l e w i t h City Engineer's expertise and would de p e n d o n r e c o m m e n d a t i o n s presented. In response to Chairman's request for a u d i e n c e c o m m e n t s , D a v i d J . Keller of 10749 Grant Drive, responded t h a t h e l i v e s a t T h i r d Avenue and his backyard is a wet pond. H e q u e s t i o n e d i f t h e proposal will replace it with a dry po n d d u e t o t h e g r a d i n g . A n d if so, will it deal with the aesthetics i n t h e a r e a , a s c o l l e c t i o n of debris and the rain combined are uns i g h t l y . Proponent responded that the actual pon d h a s n o t b e e n d e s i g n e d , but the design will respond to neighbo r h o o d c o n c e r n s . K e l l e r responded this answered his question. Upon no other audience participation, A c t i n g C h a i r m a n H a l l e t t moved for motion to close public hearin g . MOTION 1: Motion was made by Bye and seconded by D o d g e t o c l o s e t h e p u b l i c hearing. Motion carried 5-0-0 MOTION 2: Motion was made by Bye and seconded by Dodge to recommend to the City Council approval of the request o f H u s t a d D e v e l o p m e n t Corporation for Zoning District Change f r o m R u r a l t o R 1 - 1 3 . 5 o n 17.68 acres, to be known as Bluffs Eas t 5 t h A d d i t i o n , b a s e d o n plans dated September 25, 1987, subjec t t o t h e r e c o m m e n d a t i o n s of the Staff Report dated October 23, 1 9 8 7 , a n d s h a l l p r e s e n t revised grading plan as determined by a d d i t i o n s a d j a c e n t t o L o t s 1-7. Motion carried 5-0-0 MOTION 3: Motion was made by Bye and seconded by D o d g e t o r e c o m m e n d t o the City Council approval of the reque s t o f H u s t a d D e v e l o p m e n t Corporation for Preliminary Plat of 30 . 1 a c r e s i n t o 3 4 s i n g l e family lots, three outlots, and road r i g h t - o f - w a y , t o b e k n o w n Eden Prairie Planning Commission October 26, 1987 - Page Seven as Bluffs East 5th Addition, based on plans dated September 25, 1987, subject to recommendations of the Staff Report dated October 23, 1987, and as amended by the previous motion. Motion carried--5-0-0 MEMO TO: FROM: THROUGH: DATE: RE: City Council Jean Johnson, Zoning Administrator Chris Enger, Director of Planning October 26, 1987 City Code: Screening and Landscaping Recently, a developer challenged the Staff's determination that rooftop mech a n i c a l screening was necessary. It was further challenged that if the rooftop mecha n i c a l screening was necessary that Code did not require that the screening occur a t t h e rooftop. Instead of the traditional rooftop screening, the developer pro p o s e d screening of the mechanical via use of berms and 18 foot high evergreens. Staff informed the developer that administration of the Screening and Landscape C o d e has never included plant materials for screening of rooftop mechanical. S t a f f raised concern over the ability to maintain such large evergreens on top of a 3 : 1 slope, storm damage to trees, and that evergreens would not physically s c r e e n rooftop mechanical. The result was a request by the proponent of the Board of Adjustments and App e a l s for Code interpretation. The Board decided plant material was not precluded from use in the Code and migh t b e ( lore desireable than the traditional rooftop screening panels. Staff still strongly supports screening rooftop mechanical at the roof not with u s e of plant material located on the ground. If the Council concurs, we have atta c h e d some Code amendments to clarify this issue. The Planning Commission endorsed the draft code amendments at their October 1 3 , 1987, meeting and referred the item to the Council. G. Screening and Landscaping. 1. CefinitIons, for the mimmoses of this Section, the folloving terms shall have the meanings stated: (a) Caliper: The length of a straight line measured through the trunk of a tree twelve ((2) inches above the base. (B) Coniferous/Evergreen Tree: A woody Plant which, at maturity. is at least thirty (33) feet or wore in lielOst, with a single trunk, fully branched to the ground, having foliage on the outemmost Portion of the branches yew-round. 294 (c) Clear Cutting: Removal of all existing signi- ficant natural vegetation on a part iculr piece of property. (d) Deciduous Overstory Shade Tree: A woody plant 1,hich, at maturity, is thirty (33) feet or mare in height, with a single trunk, unbranched for several feet above the ground, having a defined crown. and imich loses leaves annually. (e) Deciduoui Iliderstory Ornamental Tree: A woody plant which, at maturity, is less than thrity (33) feet in height, with single trunk. urbranched for several feet above the ground, having a defined crown which loses leaves annually. (f) Fence: My partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary or within the required yard. (g) Landscape: Site amenities, Including trees. shrubs, ground covers, flowers, fencing, berms. retaining walls, and other outdoor furnishings. (h) Performance Bond. A bond with goad and sufficient sureties, approved by the City Manager, which is conditioned upon commlete and satisfactory immlerrentation of an approved landscape Plan and 'Mich names the City as obligee. (1) Plant Material Average Size (Coniferous): The total height of all coniferous trees tin (6) feet or over, divided by the total number of such trees. (j) Plant Material Average Size (Shade or Ornmental): The total diameter of all deciduous overstory trees two and one- half (2 I/2) inches or acre In diameter,•divided by the total number of trees. (k) Mechanical Equipment: Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. (1) Retaining Wall: A wall or structure constructed of stone. concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. (m) Screenina: A barrier mdch blocks all views fray Publ lc roads and Adi f ering land uses to off -street park ing areas. loading areas, service and utility areas, and mechanical equipment. 2. Landscape Plan Required. In every case Afiere landscaping is required by Provision of the City Code or by an approval granted by the City, for a building or structure to be constructed on any property, the applicant for the building permit shall Wog a landscape plan prepared in accordance with the Provisions of this Section. The Landscape Plan shall inClude the following information: (a) General: Name and address of developer/owner; Maine and address of landscape architect/designer; Otte of plan preparation; Date and description of all revisions; same of project or develonent. (b) Site Maw: One (I) scale droning of the site based upon a survey of Property lines with Indication of scale and north point; Mane and alignment of proposed and milting adjacent mm-site streets; Location of all proposed utility easements and right-of-ways; Location of misting and Proposed buildings; Topographic contours at tto-foot contour intervals; Existing and prcoosed location of parking areas; Water bodies; Proposed sidevalks; Percent of site not covered by Impervious surface. 294-1 7(o • CHANGES ARE UNDERLINED adjacent (c) Landscape Proposal: Ile (2) scale trawIngs of proposed landscaping for the site based upon a surve y o f p r o p e r t y l i n e s w i t h indicattcm of scale and North . point ; Existing .and p r o p o s e d . t o p o g r a p h i c contours using main sea level datum at tap-/not conto u r i n t e r v a l s ; D e t a i l s o f proposed planting beds and foundation plantings; Del i n e a t i o n o f b o t h s o d d e d and seeded areas; Location and identification of p r o p o s e d l a n d s c a p e o r marmade materials used to provide screening from ad j a c e n t a n d n e i g h b o r i n g properties, a separate cross-section drawing of M i t c h s h a l l b e p r o v i d e d a t legible wale illustrating the effectiveness of propose d s c r e e n i n g ; L o c a t i o n and identification of trees; Details of fences, t i e w a l l s , p l a n t i n g b a i t , retaining walls, tot lots, picnic weas. Williaiid other landsca p e improvements, Including a separate drawing of ty p i c a l s e c t i o n s o f t h e s e details in legible scale; Location of landscape isla n d s a n d P l a n t e - b e d s w i t h indentification of plant materials used, Including s e p a r a t e d r a w i n g s o f typical sections of these areas In legible scale. (d) Planting Schedule: A table containing the cannon names and botanical noses, average size of p l a n t m a t e r i a l s , r o o t specifications, quantities, wecIal planting instruc t i o n s , and proposed planting dates of all plant materials included in the L a n d s c a p e P r o p o s a l . 3. Performance Road Required. No building permit shall b e issued until the applicant for the building permi t s h a l l f i l e w i t h t h e C i t y Manager a performance bond, with i corporation appro v e d b y t h e C i t y M a n a g e r a s surety thereon, or other guwantee acceptable to th e C i t y , i n a n a m a i n t o b e determined by the City Manner, but for no lens than one and one-half (1 1/2) tires and no more than two (2) times the amount esti m a t e d b y t h e C i t y M a n a g e r as the cost of caroleting said landscape., and scr e e n i n g . T h e p e r f o r e a r c e bond mist cover too complete growing seasons o r o n e f u l l c a l e n d a r y e a r subsequent to the completion and mist be conditioned-upon complete and satisfactory implementation of the approved landscap e p l a n . 4. All landscaping shall be implemented in accordance wi t h . (a) Minimum Site Requirements for Plantings: Deciduous overstory plantings shall be a minimim of tie and one-half (2 1/2) caliper inches; deciduous understory trees shall be a minimum of one and one-half (1 In) caliper inches; coniferous trees shall be a minimum of six (6) feet in height. (b) Total Caliper Inches Required: In Order to achieve landscaping which is appropriate in scale with the site of a building and site, the minimum nunger of caliper inches of trees required shall be detrmined by dividing the total gross square footage of a l l f l o o r s o f a building by 329. A single-story building in etcess of 20 feet in height shal l be considered a two-story building for the purposes of determining its total gross square footage. A mixture of plant material si z e s s h a l l b e r e q u i r e d a s follows: the following: 294-2 0, 7 7 PLANT MATERIN. SIZES (In Caliper Inches) guild lug eight 2.5 3.0 3.5 4.0 .5 .0 1 70% 10% 10% 10% 2 60% 10% 10% 10% 3 50% 10% 10% 10% la% 4 40% 20% 10% 10% 10% 30% 20% 20% 10% 10% 5mstOr les 20% 20% 20% 20% 10% Percentage of trees required to be of this caliper size. For the purposes of satisfying the total caliper inch requirement, coniferous trees can be con s i d e r e d e q u i v a l e n t to cnerstory trees by dividing the height of a coniferous tree 6 ft. heiMit minimum by 2.4 to d e t e r m i n e e q u i v a l e n t Caliper Inches. NOTE: Wen determination of height results in a fractional foot, any fraction of 0.5 or less may b e d i s r e g a r d e d ; a fraction in excess of 0.5 shall be counted as one foot. 294-3 (e) Planting islands; Planting islands shall be required where necessary to visually break so expanses of hard surface parking areas. for safe and efficient traffic movement. and to define rows of paling. Planting islands shall occupy at least five (S%) percent of the parking area. (d) Method of installation: All deciduous and coniferous trees shall be balled and burlapoed. staked, and guyed in accordance with National Nurseryman's standards. All shrubs shall be potted. Se) Sodding and Ground favor: All open areas Of a site not occupied by building, parking, or storage shall be sodded. Exceptions to this are seeding of future expansion areas as shomn on approved plans; ubdiSturbed areas containing existing natural vegetation 'Mich can be maintained free of foreign and noxious materials; and, areas designated an Coen space for future expansion area properly planted and maintained with prairie grass. Slopes and germs: Final sloOes greater than the ratio of 311 will not be permitted without special approval or treatment. such as special seed mixtures or reforestation, terracing, or retaining walls. gemming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 3/1. (g) Maintenance: The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers, and sOddinei (h) Erosion Control: All areas of any site shall be seeded or sodded within thirty (30) days on slopes of 3/1 or greater or in areas wisere storm run-off will drain into natural drainage basin or bonding areas. (1) Preservation of Wetland and Woodland Areas: It is the policy of the City to preserve the natural wetland and woodland areas througsout the City, and with respect to specific site•defelcoment. to retain as far as practical, substantial tree stands and wetlands which can be ircOrporated into the Landscape Plan. so clear cutting of woodland areas shall be permitted. Shade trees of six (6) inch or more caliper shall be saved unless it can be demonstrated that there is no other feasible way to develop the site. The Council may require replacement of any removed trees on a caliper inch for caliper inch basis. Si) Placement of Plant Materials: No landscaping shall be allowed within any drainage utility easements, road right-of-may, or immediately adjacent to any drive,ay or road intersection when it would interfere with motorists views of the street or roadway. Source: Ordinance 15-85 Effective Date: 5-29.115 294-4,part of 1) Irregular in S an ape. 2) Exposed and/or p ding fans, grills, Pipes. tubes • wires ents. 3) Unfinishe tal coverfall,exposed rivets, exposed seams. Sourcit\prdinance No. 9-87 Effective-Date: 5-6-87 294-4 k) Mechanical Equipment Screening: All mechanical possessing one more of the following characteristics shall screened from all pub4c roads and adjacent differing land or artificial materials. a manner architecturally in al or building on the site. Proposed Code K. Mechanical Equipment Screening 1. All mechanical equipment mounted on the exterior of a building and possessing one or more of—the characteristics listed below as K. 3. shall be physicilly screened from all public roads and adjacent differing land uses with -TEtory prefiniirlig - metal wood laminated Wiffi metal_ or other building material in a manner architectufalIY -integriT -5- the buildiTTF-Kilaings on site. 2. All mechanical equipment located on the ground and possessing one or more of the characteristicsFiEfiristics liste ci below sEill -6e7—ysicall7 screened from all eWlic roads and adjacilif-Uiffering land urert—Evit ifffier plant matiFfiT or factory,prefinished metal, wood laminated with metal, or other building material in a manner architectuT-iTTY integral iii—The building or buildings on site. 3. Irregular in size and shape; Exposed and/or protruding fans, grills, pipes, tubes, wires, vents. Unfinished metal covering, exposed rivets, exposed seams. nment ysically with either natural to the buildings k.,)z Eden Prairie Planning Commission----Oct. 13, 1987 Page 5 items have been addressed and solved. Everything, other than providing graphic form, has been presented. They did not anticipate changes required thereby causing the time crunch. Acting Chairman Bye stated that the Commission represents the people. Proponents were asking the Commission to base decisions and vote on something they cannot see so as not to delay their timetable. We stated that the Commission takes their role seriously. They cannot review what they cannot see. Director Enger proposed that Planning Commission delay recommenda- tion to City Council until presentation of massing model and architectural rendering are complete, and proponent presents said material at November 16th meeting; but keep them on schedule with the City Council. Commissioner Ruebling stated there is a mutual agreement on concept but the Commission does not see it; timetables are always . present. Kelly Doran, Vantage representative, again requested that Commission not tie the manual to the Marriott proposal. Planning Commission understands the manual will take time as it goes back and forth from Vantage to staff but did request an outline version of design framework manual (minimum two pages) to guide Commission's approval on Marriott. Acting Chairman Bye requested a motion on this proposal. MOTION: Motion was made by Commissioner Fell, seconded by Anderson to continue Marriott Development Proposal until October 26th, to allow proponent time to provide and present an outline of Design Framework Manual to advise this project and to guide City Council, Massing Model, and Architectural Rendering indicating all revisions and rooftop mechanical screening specifications. Further, that staff be directed to publish this item for the November 3, 1987 Council Meeting for public hearing. Motion Carried 4-0-0 V. OLD BUSINESS None VI. NEW BUSINESS Chair asked that staff thank Ann Kenyon for her work as recording secretary and wish her well in her future endeavors. Also thank Kate for her assistance in the past. A. Landscape Ordinance The Board of Appeals recently interpreted the Ordinance to allow plant material to be utilized on the ground to screen rooftop mechanical equipment. Since the Ordinance has been Eden Prairie Planning Commission----Oct. 13, 1987 Page 6 interpreted in this fashion, but cannot work in this way as a practical matter, Staff has written some clarifying language which will required rooftop screening for rooftop units and allow plant material to be utilized for screening of ground-mounted mechanical units. MOTION: Motion made by Ruebling, seconded by Anderson to recommend approval of amendment to the City Council. Motion Carried 4-0-0 B. 1-494 Corridor Study Study on 1-494 corridor was released and a brief summary indicated the solution is to build on more lanes in each direction and institute ramp metering. Light rail transit • (LRT) is a political issue and Eden Prairie at present time • does not have population to warrant reliance on LRT. Advisory meetings for 1-494 Traffic Management and Road Improvements are every three weeks and the City should be represented to oversee whether it fits in with our plans. C. Joint Planning Commission--City Council Meeting The City Council has set October 20, 1987 at 6:00 PM prior to their Council Meeting at 7:30 PM as the joint meeting with the Commission. This joint meeting is at the Commission request and items for discussion should be identified to appear on agenda. Commission desires to address the issue that when a proposal has been denied 0-0-5 and City Council approves it, then the proponent should come back to Planning Commission for review so the development proposal meets City Code. There must be a check and balance. Commission will list and identify items that need to be addressed now to prevent problems in 15-20 years such as parking lots, and slope sites and present to council at the October 20th meeting. Adjournment at 10:00 PM Respectfully submitted, Sue Masear Anderson ;wei 1 NOVEMBER 17,1987 37988 VOID OUT CHECK 37992 VOID OUT CHECK 38357 VOID OUT CHECK 38358 VOID OUT CHECK 38389 VOID OUT CHECK 38410 VOID OUT CHECK 38493 VOID OUT CHECK 38510 VOID OUT CHECK 38526 HOPKINS POSTMASTER 38527 HOPKINS POSTMASTER 38528 DAN JELEN 38529 VOID OUT CHECK 38530 DANA GIBBS 38531 CRAFT VILLAGE 38532 UNIVERSITY OF MN 38533 RELATIONS ASSOCIATES INC 38534 MN CITY MGMr ASSOC 38535 DAYSTAR BUILDERS 38536 ICMA 38537 MINNESOTA GAS CO 38538 NORTHWESTERN BELL TELEPHONE CO 38539 NORTHERN STATES POWER CO 38540 AT & T COMMUNICATIONS 38541 AT & T COMMUNICATIONS 38542 AT & T COMMUNICATIONS ;8543 JASON-NORTHCO PROPERTIES 38544 WELSH COMPANIES 38545 LINDA MARTIGNETTI 38546 NICK RYAN 38547 MICHAEL REGENSCHEID 38548 IVY LAMOREAux 38549 JEANETTE GILLIS 38550 MARION MILLER 38551 AMY ABBATE 38552 ANY A3BATE 38553 PETTY CASH 38554 VALLEY INDUSTRIAL PROPANE INC 38555 ERIC SAUGEN 38556 ELIZABETH SAUGEN 38557 DEM CON LANDFILL INC 38558 LOIS BOErTCHER 38559 FEDERAL RESERVE BANK 38560 COMMISSIONER OF REVENUE 38561 GREAT WEST LIFE ASSURANCE CO 38562 ICMA RETIREMENT CORP 38563 PERA 38564 UNITED WAY OF MPLS 38565 CITY-COUNTY CREDIT UNION 38566 MEDCENTERS HEALTH PLAN INC 38567 PHYSICIANS HEALTH PLAN '8568 STATE OF MINNESOTA J8569 PRICE PRO SPORTING GOODS 38570 SUPPLIES 7 HI ENTER INC POSTAGE-UTILITY BILLING POSTAGE-SENIOR CENTER NEWSLETTER EXPENSES-PARK MAINTENANCE PACKET DELIVERIES SUPPLIES-SENIOR CENTER CONFERENCE-ENGINEERING DEPT -CONFERENCE-PUBLIC WORKS DIEM/PUBLIC -SAFETY DIRECTOR/CITY MANAGER/HUMAN RESOURCES DUES-CITY MANAGER SERVICE-HOMEWARD HILLS PARK SUBSCRIPTICN-CITY MANAGER SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE NOVEMBER 87 RENT-LIQUOR STORE NOVEMBER 87 RENT-CITY HALL REFUND-EXERCISE CLASSES REFUND-SKATING CLASSES REFUND-RACQUErBALL CLASSES INSTRUCTOR-KIDS KORNER INSTRUCTOR-KIDS KORNER REFUND-SKATING CLASSES REFUND-SKATING CLASSES EXPENSES-CITY HALL GAS CYLINDERS-COMMUNITY CENTER VOLLEYBALL OFFICIAL/FEES PAID VOLLEYBALL OFFICIAL/FEES PAID WASTE DISPOSAL CHGS-STREET& PARKS DEPT SERVICE-10/19 P & R COMMISSION MEETING PAYROLL 10-30-87 PAYROLL 10-30-87 PAYROLL 10-30-87 PAYROLL 10-30-87 PAYROLL 10-30-87 PAYROLL 10-30-87 PAYROLL 10-30-87 NOVEMBER 87 INSURANCE NOVEMBER 87 INSURANCE MOTOR VEHICLE INFORMATION RACUEISALLS-COMMUNITY SERVICES NOVEMBER 87 RENT 20.00- 20.00- 6.15- 67.81- 440.00- 660.00- 432.00- 335.78- 465.38 39.29 58.40 0.00 105.00 47.15 130.00 180.00 35.00 2530.00 58.00 5332.39 485.88 17023.26 23.59 831.75 99.18 5339.21 15566.33 18.75 13.00 58.00 15.50 146.00 277.00 20.00 22.00 58.96 156.39 216.00 216.00 434.00 31.00 44183.58 11458.88 4404.00 983.48 21842.34 158.88 925.13 9294.30 16445.83 149.00 23.40 4466.19 16238566 NOVEMER 17,1987 38571 GRIGGS COOPER & CO INC 38572 EAGLE WINE CO 38573 PRIOR WINE CO 38574 ED PHILLIPS & SONS CO 38575 QUALITY WINE CO 38576 JOHNSON BROS WHOLESALE LIQUOR 38977 PAUSTIS & SONS CO 38578 GUARANTEE MUTUAL LIFE 00 38579 GUARANTEE MUTUAL LIFE CO 38580 EAGLE WINE CO 38581 GRIGGS COOPER & CO INC 38582 PRIOR WINE CO 38583 ED PHILLIPS & SONS CO 38584 QUALITY WINE CO 38585 JOHNSON BROS WHOLESALE LIQUOR 38586 PAUSTIS & SONS CO 38587 CAPITOL CITY DISTRIBUTING CO 38588 VOID OUT CHECK 38589 FIVE STAR CONSTRUCTION INC 38590 BEER WHOLESALERS INC 38591 CAPITOL CITY DISTRIBUTING CO 38592 COCA COLA ayrnau CO 38593 DAY DISTRIBUTING 03 38594 EAST SIDE BEVERAGE CO 38595 KIRSCH DISTRIBUTING CO 38596 MARK VII SALES 38597 PEPSI/7-UP BOTTLING CO 38598 ROYAL CROWN BEVERAGE CO 38599 THORPE DISTRIBUTING CO 38600 TWIN CITY HOME JUICE CO 38601 NORTHERN STATES POWER CO 38602 BARBAROSSA AND SONS INC 38603 BROWN & CRIS INC 38604 BROWN & CRIS INC 38605 MAX JOHNSON TRUCKING 38606 RICHARD KNUTSON INC 38607 MACHTEMES CONSTRUCTION 38608 NODLAND CONSTRUCTION CO 38609 NODLAND CONSTRUCTION CO 38610 NORTHDALE CONSTRUCTION CO INC 38611 RICE LAKE CONTRACTING 38612 SHAFER CONTRACTING CO 38613 SHAW-LUNDQUIST ASSOC INC 38614 A & H WELDING & MFG CO 38615 AAA STRIPING SERVICE INC 38616 ACRO-MINNESOTA INC 38617 ACT ELECTRONICS INC 38618 MASOOD ALI 38619 AMERICAN COMPENSATION ASSOC 38620 AMERICAN HEAT 38621 AMERICAN LINEN SUPPLY CO 38622 AMERICAN NATIONAL BANK 8623 AMERI-STAR LIGHTING 38624 AMERICAN SPEEDY PRINTING CENTERS 86511632 LIQUOR WINE WINE LIQUOR WINE LIQUOR WINE INSURANCE INSURANCE WINE LIQUOR WINE LIQUOR WINE LIQUOR WINE WINE REMODEL CITY HALL-FINANCE DEPT BEER BEER MIXES BEER BEER BEER BEER MIXES MIXES BEER MIXES SERVICE SERVICE-WELL HOUSES & WATER PLANT ADDN SERVICE-SUNNYBROOK ROAD/NEMEC KNOLLS SERVICE-BENNETT PLACE & BLOSSOM ROAD SERVICE-1987 LIME SLUDGE REMOVAL SERVICE-SHADY OAK & ROWLAND ROAD SERVICE-BAKER ROAD TO ROWLAND ROAD SERVICE-HIDDEN GLEN 3RD ADDITION SERVICE-WYNDHAM KNOLL SERVICE-PRAIRIE CENTER DR & ST ANDREW DR SERVICE-HOMEWARD HILLS ROAD SERVICE-COUNTY ROAD 4 TO MITCHELL ROAD SERVICE-WATER PLANT ADDITION LIME BIN LINKAGE-WATER DEPT PARKING LOT STRIPING-OLD CITY HALL OFFICE SUPPLIES CLAMPS/HOSES-EQUIPMENT MAINTENANCE EXPENSES-ENGINEERING DEPT DUES-HUMAN RESOURCES VHS TRAINING TAPES-FIRE DEPT SUPPLIES-LIQUOR STORE BOND PAYMENTS BULBS-P/N & PARKS DEPARTMENT PRINTING-COMMUNITY CENTER 2/3 2816.96 1544.44 461.89 4417.23 1225.73 3861.86 124.31 412.69 1573.22 23.62 3509.01 505.93 9832.40 2351.27 7064.64 273.63 178.00 0.00 3447.62 4447.30 66.45 683.75 6159.88 13665.40 567.94 22430.30 675.50 99.20 17573.10 26.16 9435.26 63747.85 12491.88 35778.23 32062.50 37394.47 18772.00 50171.83 12120.40 69544.78 16625.00 20465.48 203999.80 448.00 264.00 278.74 178.00 5.00 75.00 650.00 9.41 169962.61 563.10 53.55 NOVEMBER 17,1987 38625 AMERICAN TEST CENTER 38626 EARL F ANDERSON & ASSOC INC 38627 ASSOCIATED ASPHALT INC 38628 ASTLEFORD INTL INC 38629 B R W INC 38630 BATTERY& TIRE WAREHOUSE INC 38631 BEST & FLANAGAN 38632 BERRY COFFEE COMPANY 38633 BLACK & VEATCH 38634 SAM BLOOM IRON & METAL CO INC 38635 BLUMBERG COMMUNICATIONS INC 38636 BOYM EQUIPMENT INC 38637 BRADY OFFICEWARE INC 38638 BRAUN ENGINEERING TESTING INC 38639 MAXINE BRUECK 38640 BUDGET PLUMBING 38641 BUILMIL CONSTRUCTION INC 38642 BUSINESS RECORDS CORP 38643 CARLSONS TREE SERVICE 38644 CLUTCH & TRANSMISSION SER INC 38645 CHAPIN PUBLISHING CO 38646 CHEMLAWN 38647 COMMISSIONER OF TRANSPORTATION 38648 JEFFREY CONRAD' 38649 CONTINENTAL SAFETY EQUIP INC 38650 COPY EQUIPMENT INC 38651 CROWN RUBBER STAMP CO 38652 CRETEX PRESSURE PIPE INC 38653 CURTIS INDUSTRIES 38654 CUSTOM FIRE APPARATUS INC 38655 CUTLER-MAGNER COMPANY 38656 DALCO 38657 MONICA M DAY 38658 DECORATIVE DESIGNS 38659 DORHOLT INC 38660 DON EVE & SONS 38661 ETNA SYSTEMS 38662 THE ECONOMICS PRESS INC 38663 EDEN INCENTIVES & PROMOTIONS 38664 EDEN PRAIRIE APPLIANCE 38665 THE EDEN PRAIRIE BODY SHOP 38666 EDEN PRAIRIE FIRE DEPT 38667 EDEN PRAIRIE HIGH SCHOOL 38668 EDEN PRAIRIE TRASHTRONICS 18669 ELK RIVER CONCRETE PRODUCTS 8670 ELVIN SAFETY SUPPLY INC 38671 ENGINEERED SYSTEMS INC -INSPECTION OF AERIAL PLATFORM& LADDERS- FIRE DEPT SIGNS-SEWER DEPT BLACKTOP-STREET & PARK DEPT -WASHER/CHECK FRONT END ALIGNMENT/REPAIR TURBO UNIT/SEAT-EQUIPMENT MAINTENANCE -SERVICE-TRAFFIC STUDY/COLUMBINE -FEASIBILITY/DELL RD-EVENER WAY FEASI - -BILITY/VALLEY VIEW-MITCHELL TO COUNTY ROAD 4 -BATTERY/CLAMPS/WASHER FLUID/LAMP/FUSES- EQUIPMENT MAINTENANCE LEGAL SERVICE SERVICE SERVICE-WATER PLANT EXPANSION STEEL-PARK MAINTENANCE OFFICE SUPPLIES-FORESTRY DEPT TWO PLOWS/TWO SANDERS-STREET DEPT BULLETIN BOARD-COUNCIL CHAMBERS -SERVICE-HOMEWARD HILLS ROAD/SUNNYBROOK -& NEMEC HILLS/BAKER RD TO ROWLAND RD/ VALLEY VIEW RD MILEAGE-FINANCE DEPT REFUND-PLUMBING PERMIT SUN CONTROL FILM ON WINDOWS-POLICE DEPT LEGAL FORMS-ASSESSING DEPT TREE REMOVAL-FORESTRY DEPT CLUTCH PACK/BEARING-EQUIPMENT MAINTENANCE LEGAL ADS LAWN SERVICE-OLD CITY HALL SERVICE-VALLEY VIEW ROAD HOCKEY OFFICIAL/FEES PAID CARRYING CASES-FIRE DEPT VELLUM/TAPE/EQUIPMENT REPAIRS-ENG DEPT NAMEPLATES-PLANNING DEPT ADAPTORS-ENGINEERING DEPT DRILL BITS/DISCS/CLEANER-EQUIPMENT MAINT PUMP TEST & LUBE FIRE ENGINES QUICKLIME-WATER DEPT CLEANING SUPPLIES-WATER & FIRE DEPT SERVICE-EMPLOYEE NEWSLETTER SERVICE-CITY HALL LETTERHEAD-WATER DEPT HAY BALES-PCLICE DEPT LAB SUPPLIES-WATER DEPT SUPPLIES - POLICE DEPT ART SCREEN/EMBLEM - FIRE DEPT PULLEY/BELT - PUBLIC SAFETY BUILDING REFINISH/REPAIR '85 BLAZER - FIRE DEPT CONFERENCE/DUES - FIRE DEPT REFUND - OVERPAYMENT ON UTILITY BILL OCTOBER '87 TRASH DISPOSAL MANHOLE RINGS - SEWER DEPT LAB SUPPLIES - WATER DEPT GAS PUMP CARDS-EQUIPMENT MAINTENANCE 2205.0( 550.0( 13450.4c 419.5i 13919.0( 165.1C 380.0C . 703.2C . 9597.3C 101.08 . 26.41 14100.00 259.0C 1737.65 19.35 20.0C 248.40 104.49 2310.00 293.22 382.98 100.00 158.50 278.00 239.46 128.06 8.10 2416.00 171.52 2362.85 3358.18 184.69 120.00 49.50 129.00 52.50 104.05 30.07 582.20 52.85 555.00 245.00 13615.54 365.00 51.25 14.70 314.66 8667899 NOVEMBER 17,1987 38672 CHRIS ENGER 38673 RON ESS 38674 FINLEY BROS ENTERPRISES 38675 FOUR STAR BAR & RESTAURANT SUPPLY 38676 JOHN FRANE 38677 G & K SERVICES 38678 GAB BUSINESS SERVICES INC 38679 GENERAL COMMUNICATIONS INC 38680 GLENWOOD INGLEWOOD 38681 GME CONSULTANTS INC 38682 CITY OF GOLDEN VALLEY 38683 GOPHER OIL COMPANY 38684 GREATER MPLS AREA 38685 GREENKEEPER INC 38686 GROSS OFFICE SUPPLY 38687 GUNNAR ELECTRIC CO INC 38688 HANSEN THORP PELLINEN OLSON INC 38689 HARMON GLASS 38690 HAYDEN-MURPHY EQUIPMENT COMPANY 13691 HENN CTY DEPT OF PROPERTY TAX 38692 HENN CrY DEPT OF PROPERTY TAX 38693 HENNEPIN COUNTY TREASURER 38694 HENN CTY-SHERIFFS DEPT 38695 D C HEY CO INC 38696 GARY T HITT 38697 JACK HOENE 38698 MICHAEL J HOSTETLER 38699 IBM 38700 MINNESOTA RECREATION & PARK ASSOC 38701 SOUTHWEST SUBURBAN CABLE COMMISSI 38702 INDEPENDENT SCHOOL DIST #272 38703 JM OFFICE PRODUCTS INC 38704 JERRY'S 38705 KAY JOHNSON 38706 PAUL JOHNSON 38707 MOLLY KOIVUMAKI 38708 MARY KOTTKE 38709 KRAEMERS HOW CENTER 38710 L A CONSTRUCTION INC 38711 LEAGUE OF MN CITIES INS TRUST 18712 LAB SAFETY SUPPLY 3428553 OCTOBER '87 EXPENSES HOCKEY OFFICIAL/FEES PAID -4 CANOPIES/BACKSTOP/RETAINING WALL/OVER- THROW FENCE/POSTS/HINGES-PARK MAINTENANCE SUPPLIES - LIQUOR STORE OCTOBER '87 EXPENSES -TOWELS/COVERALLS-WATER DEPT/PARK DEPT/ LIQUOR STORE SERVICE RADIO REPAIR - EQUIPMENT MAINTENANCE SERVICE -SERVICE - HIDDEN GLEN 3RD ADDITION/ PRAIRIE VIEW DRIVE -COMPARABLE WORTH STUDY MAINTENANCE- HUMAN RESOURCES HYDRAULIC OIL - WATER DEPT DUES - ASSESSING DEPT WINTERIZE LAWN SPRINKLER-FIRE BUILDING SUPPLIES - PCLICE DEPT/CIVIL DEFENSE FAN/INSTALL GLARE SHIELDS-PARK MAINTENANCE -BLUFFS WEST VICINITY STORM SEWER/BLUFFS -EAST 4TH ADDITION/SUNNYBROOICE RD/INTER- -NATIONAL SCHOOL WATERMAIN/NEMEC KNOLLS/ -HOMEWARD HILLS PARK/PIONEER TRAIL & COUNTY RD 18 SQUAD CAR DOOR GLASS-EQUIPMENT MAINTENANCE PUMP RENTAL - JULY STORM DAMAGE POSTAGE-VOTER REGISTRATION VERIFICATIONS SERVICE - PLANNING DEPT SEPTEMBER '87 BOARD OF PRISONERS SEPTEMBER '87 BOOKING FEE SERVICE -REPAIR/MAINTENANCE - WATER SYSTEM MAINTENANCE HOCKEY OFFICIAL/FEES PAID HOCKEY OFFICIAL/FEES PAID NOVEMBER '87 MAINTENANCE AGREEMENT CONFERENCE - COMMUNITY SERVICES CONFERENCE- CITY MANAGER EXPENSES - COUNCIL OFFICE SUPPLIES - WATER DEPT SUPPLIES - SENIOR PRCGRAMS EXERCISE INSTRUCTOR/FEES PAID 3 EXCELSIOR BALES - STREET MAINTENANCE CONFERENCE - POLICE DEPT VOLLEYBALL OFFICIAL/FEES PAID -SCREWDRIVER/BRACKET/CLIPS/PLIERS/ -BATTERIES/TAPE/CLOTHESLINE/GAS STABILIZER -SPRAYER/TWINE/NOZZLE/SHEETING-WATER DEPT/ STREET MAINTENANCE EQUIPMENT RENTAL - DRAINAGE CONTROL LIABILITY INSURANCE -GLOVES/JACKETS/OVERALLS/HAZARDEOUS SPILL -KIT/DANGEROUS PROPERTIES OF INDUSTRIAL MATERIALS/DRUM KIT/PCB SUIT-FIRE DEPT -Y2-1-' 179.21 267.00 6454.00 208.19 165.00 337.23 307.02 212.55 27.10 3480.70 469.00 64.30 65.00 89.00 260.32 159.55 13840.96 78.52 1800.00 22.26 : 326.00 521.00 579.28 75.00 1 108.65 50.00 56.50 424.32 30.00 25.00 63.00 24.86 12.75 256.00 75.00 68.23 40.00 234.58 445.00 212.00 2171.45 NOVEMBER 17,1987 38713 LAKESIDE FUSEE CORP 576 FUSEES - POLICE DEPT 491.01, 38714 ROBERT LAMBERT OCTOBER 87 EXPENSES 165.0C 38715 LANCE SUPPLIES - LIQUOR STORE 146.3C 38716 LANG PAULY & GREGERSON LTD -JULY/AUGUST/SEPTEMBER '87 LEGAL SERVICE- 1241.25 -AMERICAN FUNDAMENTALIST CHURCH/SEPTEMBER '87 LEGAL SERVICE - LANDFILL 38717 LANG PAULY & GREGERSON LTD JUNE & JULY '87 - LEGAL SERVICE 32236.2C 38718 LAW ENFORCEMENT RESOURCE CENTER FILM RENTAL - POLICE DEPT 3.0C 38719 DAVID LINDAHL POSTAGE - PLANNING DEPT 7.56 38720 FREDRICK J LE VOIR TRASH DISPOSAL - JULY STORM DAMAGE 25.0C 38721 LOUIS SEPTEMBER '87 SERVICE 7050.95 38722 LOUISVILLE LANDFILL INC DUMPING CHARGES - PARK MAINTENANCE 78.00 38723 M & I INDUSTRIAL SUPPLY INC BRAKE CLEANER - EQUIPMENT MAINTENANCE 38.86 38724 MARK'S EDEN PRAIRIE AMOCO HEADLAMP - POLICE DEPT 17.95 38725 MASYS CORPORATION -NOVEMBER '87 COMPUTER miumnamma & 1050.00 SUPPORT - POLICE DEPT 38726 MIKE MARUSHIN -WRENCH SET/SOCKET SET/BULBS/HOSES/ 520.25 -UNIVERSAL/AIR COUPLER ADAPTOR/MAGNETS- -EQUIPMENT MAINTENANCE/WATER DEPT/WATER PLANT ADDITION 38727 MCFARLANES INC CEMENT-DRAINAGE CONTROL/PARK MAINTENANCE . 71.30 38728 MERLINS HARDWARE HANK SAW/PILOT- EQUIPMENT MAINTENANCE 58.15 38729 METRO FONE COMM INC NOVEMBER '87 PAGER SERVICE 10.50 38730 METRO WASTE CONTROL COMMISSION DECEMBER '87 SEWER SERVICE 89800.90 38731 MCGLYNN BAKERIES INC EXPENSES - CITY HALL & POLICE DEPT 33.63 38732 MEDICAL OXYGEN & EQUIP CO OXYGEN - FIRE DEPT 55.80 38733 MIDWEST ASPHALT CORP -ELACKTOP-DRAINAGE CONTROL/PARK 8857.07 MAINTENANCE/PUBLIC SAFETY DEPT 38734 MINN COMM -PAGERS/NOVEMBER '87 MAINTENANCE AGREEMENT 613.00 FIRE DEPT 38735 MN CELLULAR TELEPHONE CO SERVICE 67.20 38736 MN CONWAY FIRE & SAFETY -RECHARGE EXTINQUISHERS/4 FIRE LINE 176.80 BARRIERS-FIRE DEPT 38737 MINNESOTA SUBURBAN NEWSPAPERS INC ADS - LIQUOR STORE 241.92 38738 MINUTEMAN PRESS PRINTING - BUILDING DEPT 124.95 38739 MODERN ELECTRIC FAN BLOWERUNIT - PARK MAINTENANCE 65.00 38740 MODERN TIRE CO -TIRE-EQUIPMENT MAINTENANCE/TIRE REPAIR- 110.22 COMMUNITY CENTER 38741 WM MUELLER & SONS INC SAND - PARK MAINTENANCE 921.67 38742 MY CHEESE SHOP EXPENSES - FIRE DEPT 7.74 38743 NATIONAL CAMERA EXCHANGE CAMERA & EQUIPMENT RENTAL - FORESTRY DEPT 225.00 38744 NATIONAL MICROFILM SUPPLY INC MICROFILM LAW - ENGINEERING DEPT 14.46 38745 NAIL OFFICE INTERIORS INC -5 DESK CHAIRS-ASSESSING DEPT/PLANNING 1257.30 DEPT & ENGINEERING DEPT 38746 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT AD-CITY HALL 136.71 38747 BETH NIELSON SKATING INSTRUCTOR/FEES PAID 1386.52 38748 BECKY NELSON DAY CAMP INSTRUCTOR/FEES PAID 1200.00 38749 JP NOREX INC SERVICE - DUCK LAKE TRAIL & mom RD 4 225.00 38750 NORTHWEST PRINTING PRINTING - ENGINEERING DEPT 116.55 38751 NORWEST BANK MPLS NA BOND PAYMENT 146314.26 38752 PAUL OHLIN SALES BATTERIES - POLICE DEPT 41.76 38753 PACE LABORATORIES INC SERVICE - WATER TREATMENT PLANT EXPANSION 883.50 38754 PARK AVE WAYZATA REFUND - OVERPAYMENT ON UTILITY BILL 1135.00 8755 PARKWAY APARTMENTS REFUND - OVERPAYMENT ON UTILITY BILL 11137.50 38756 PENNSYLVANIA OIL CO OIL - EQUIPMENT MAINTENANCE 234.65 30859542 NOVEMBER 17,1987 38757 CATHY PERIA 38758 PETTY CASH 38759 PETTY CASH-PUBLIC SAFETY DEPT 38760 PHOTON INC 38761 PHOTOS INC 38762 PLEHAL BLACKIDPPING INC 38763 PLYMOUTH PLUMBING CO INC 38764 PMS SERVICE CORP 38765 POMMER MFG CO INC 38766 POWER BRAKE EQUIPMENT CO 38767 PRAIRIE HARDWARE 38768 PRAIRIE HARDWARE 38769 PRAIRIE HARDWARE 38770 PRAIRIE HARDWARE 8771 PRAIRIE HARDWARE 38772 PRAIRIE HARDWARE 38773 PRAIRIE HARDWARE 38774 PRAIRIE OFFSET PRINTING 38775 PSQ BUSINESS COMMUNICATIONS INC 38776 QUALITY INDUSTRIES INC 38777 R C I INDUSTRIES INC 38778 RED ROCK PARTNERSHIP 38779 RETAIL DATA SYSTEMS OF MN 39780 CITY OF RICHFIELD 38781 RIEKE-CARROLL-MULLER ASSOC INC 38782 ROAD RESCUE INC 38783 ROYAL COIN 9784 ST PAUL BOOK & STATIONERY CO 38785 PATRICK SCHISM 7688500 MILEAGE 25.00 POSTAGE - CITY HALL EXPENSES - PCLICE DEPT 78.05 FILM PROCESSING - ASSESSING DEPT 14.63 PRINTING - PLANNING DEPT 117.50 -BLACKTOPPING TENNIS COURTS AT HOMEWARD 25647.00 -HILLS PARK-PARK MAINTENANCE/EQUIPMENT RENTAL-STREET MAINTENANCE NOVEMBER '87 JANITORIAL SERVICE-CITY HALL 1160.00 1 SERVICE - HOMEWARD HILLS PARK 900.00 , SOFTBALL PLAQUES - ORGANIZED ATHLETICS 180.00 , -BRACKETS/TRAFFIC LIGHT LENS/STROBE LIGHT- 384.40 EQUIPMENT MAINTENANCE _BOLTS/WAMERS/LAOQUER THINNER/KEYS/TAPE/ 144.04 ' -BATTERIES/DUSTPAN/MOP/NAILS/ROLL PLASTER/ SCRAPERS/LIGHT BULBS-CITY HALL -WASHERS/DRILL BITS/CARPET TAPE/CLOCK/ -BATTERIES/SCISSORS/SAFETY PLUGS-COMMUNITY CENTER -PADLOCKS/TRASH BAGS/TAPE/DEADLOCK/PROPANE 479.09 -PAINT/HINGES/BOLTS/PAINT PANS/PAINT -ROLLERS/KEYS/MAGNET CLIPS/PLASTIC SHEET- -ING/ROPE/CHISEL/DRILL BITS/HAMMER/SPIKES/ -NAILS/PLEXIGLASS/LEVEL/BATTERIES/SHELF HOOKS & BRACKETS/HEATER-PARKS DEPT -KEYS/KEY HOLDER/CLEANING SUPPLIES - 13.84 PUBLIC SAFETY -GLOVES/ROPE/TAPE/PLIERS/CLAMPS/WRENCH SET 95.45 CLIPS-SEWER DEPT -TOWEL HOLDER/PAPER PRODUCTS/MAP/HOOKS/ 97.25 -KEYS/COUPLINGS/WRENCHES/TAPE/CEMENT/CHAIN CHAIN LINKS-STREET MAINTENANCE -CLEANING SUPPLIES/HACK SAW/NUTS/BOLTS/ 166.78 -CABLES/CLAMPS/STEEL WOOL/KEYS/LIGHT BULBS/ -GARBAGE BAGS/PIPE WRENCH/LEVEL/TOOL SET- WATER DEPT PRINTING - PLANNING DEPT 498.20 -SEPTEMBER/OCTOBER/NOVEMBER 87 MAINTENANCE 1465.50 AGREEMENT-CITY HALL PLAYGROUND EQUIPMENT - PARK DEPT 197.51 CLEANING SUPPLIES - FIRE DEPT 64.77 -REFUND BALANCE DUE FOR OVERSIZED WATER- 625.63 WATERMAIN-RED ROCK HEIGHTS CASH REGISTER TAPE - LIQUOR STORE 48.96 4TH QUARTER '87 DISPATCH SERVICE 19910.91 -SERVICE-PRAIRIE VIEW DRIVE/HIDDEN GLEN 23254.83 -3RD ADDITION/13LOSSUM ROADWAY/BENNETT PLACE/SHADY OAK RIDGE -RESCUE ROPE/DISPOSABLE GLOVES/MINI FIRST 403.12 RESPONDER KIT-FIRE DEPT -EXPENSES FOR SPECIAL EVENT - COMMUNITY 300.00 CENTER -2 DESKS $219.50 EACH/STAPES - COMMUNITY 453.22 CENTER/POLICE DEPT & CITY HALL BASKETBALL OFFICIAL/FEES PAID 105.00 45.02 C. NOVEMBER 17,1987 38786 SCHMITT MUSIC CENTERS 38787 SCHMIDT READY MIX INC 38788 RICK SHOEN 38789 SEARS ROEBUCK & CO 38790 SETTER LEACH & LINDSTROM INC 38791 SEXTON PRINTING INC 38792 SHAKOPEE FORD INC 38793 STEVEN R SINELL 38794 W GORDON SMITH CO 38795 SNAP CG TOOLS CORP 38796 SNAP PRINT INC 38797 SNYDER DRUG STORES INC 38798 SOUTHWEST AUTO SUPPLY INC 38799 SOUTHWEST SUBURBAN PUBLISH INC 38800 SOUTHWEST SUBURBAN PUBLISH INC n 1801 SOUTHWEST SUBURBAN PUBLISH INC ' _A3802 TREASURER STATE OF MINNESOTA 38803 STREICHERS PROFESSIONAL POLICE 38804 STS CONSULTANTS LTD 38805 SUBURBAN CHEVROLET 38806 SUBURBAN RATE AUTHORITY 38807 SUN ELECTRIC CORPORATION 38808 SUPPLEE ENTERPRISES INC 33809 SWANK MOTION PICTURES INC 38810 TARGET 220 38811 TIERNEY BROTHERS INC 38812 TURNQUIST PAPER CO 38813 TWIN CITY OXYGEN CO 38814 UNIFORMS UNLIMITED 38815 US WEST CELLULAR INC 38816 UNITED WAY MINNEAPOLIS 38817 UNITOG RENTAL SERVICES 38818 UNLIMITED SUPPLIES INC 38819 LARISSA UZZELL 38820 VESSCO INC '9821 VOLK CUSTOM WELDING INC .58822 KARI WAHL 3906284 SHEET MUSIC - COMMUNITY SERVICES 14.50 BLACKTOP-STREET MAINTENANCE & 450.78 HOCKEY OFFICIAL/FEES PAID 49.50 CARPET - COMMUNITY CENTER 50.00 SEPTEMBER '87 SERVICE - COMMUNITY CENTER 15219.43 PRINTING FALL BROCHURE-COMMUNITY aunTR 3726.91 HEADLIGHT LENS-EQUIPMENT MAINTENANCE 42.67 MILEAGE 187.15 -CLEANING SUPPLIE/CONNECTORS/SEL-$2482.00 4778.59 -TRANSMISSION GREASE/OIL/TAIL LIGHTS/ -ENGINE MOUNT/VOLTAGE REGULATOR/WHEEL -CYLINDERS/BRAKE PARTS/COIL-EQUIPMENT MAINTENANCE/COMMUNITY CENTER/FIRE DEPT DRILL BITS/SOCKETS-EQUIPMENT MAINTENANCE 82.31 PRINTING-SENIOR CENTER 150.83 SUPPLIES - POLICE DEPT 25.05 -BATTERIES/GREASE GUN/HOSES/CORES/ 4007.41 -CARBURETOR/WELDING RODS/PAINT SPRAYER/ -WATER PUMP/SEALS/FILTERS/TIRE VALVE/ -CLUTCH/BEARINGS/BUSHINGS/FLYWHEEL/SPARK -PLUGS/WIRE/IGNITION/WHEEL CYLINDERS/ -VALVE CORE/CABLE/EXHAUST SYSTEM/DISC -PADS/ANTIFREEZE TESTERS/BATTERY TESTER/ -FLOOR MATS-EQUIPMENT MAINTENANCE/SEWER DEPT LEGAL ADS 3395.16 ADS - LIQUOR STORE 243.20 EMPLOYMENT ADS - EQUIPMENT MAINTENANCE 66.20 WATER TESTS-WATER DEPT 399.77 EQ -HOLSTERS/AMMUNITION POUCHES-POLICE DEPT/ 755.15 2 FEDERAL SIGNAL KITS-FIRE DEPT SERVICE - WATER TREATMENT PLANT ADDITION 813.52 -ROTOR/DISTRIBUTOR CAP/WIRE/SEAL ASSEMBLY/ 143.34 REPAIRED SHIFTER-EQUIPMENT MAINTENANCE 2ND HALF '87 MEMBERSHIP DUES 700.00 -INSTALLED COMPUTER PROGRAM/REPAIRED 489.60 PRIMER-EQUIPMENT MAINTENANCE SUPPLIES - LIQUOR STORE 12.32 FILM RENTAL - COMMUNITY CENTER 217.50 FOCI SUPPLIES - COMMUNITY CENTER 66.30 -DRAFTING SUPPLIES - PLANNING DEPT& 228.77 COMMUNITY CENTER PAPER TOWELS - PUBLIC SAFETY BUILDING 95.40 OXYGEN - EQUIPMENT MAINTENANCE 17.99 UNIFORMS - FIRE DEPT 598.00 SERVICE 150.05 UNITED WAY VOLUNTEER MEETING E(PENSE 90.00 UNIFORMS FOR CITY EMPLOYEES 1321.30 -WELDING SPOOLS/CLEVIS PINS-EQUIPMENT 137.10 MAINTENANCE VOLLEYBALL OFFICIAL/FEES PAID 40.00 LEAD GASKETS-WATER DEPT 97.79 -REMOVE & REPLACE TUBE & SPINDLE ON TREE 150.00 SPADE - FORESTRY DEPT MILEAGE 49.25 F NOVEMBER 17,1987 38823 KEITH WALL 38824 WATER PRODUCTS OD 38825 LYNNETTE WEISGRAM 38826 WESTERN DESIGN & PRINTING 38827 WILSON TANNER GRAPHICS 38828 WISCONSIN EVANGELICAL LUTHERAN 38829 WOODLAKE SANITARY SERVICE INC 38830 XEROX CORP 38831 YOUNESTEDTS INC 38832 ZEE MEDICAL SERVICE 38833 EARL ZENT 38834 ZEP MANUFACTURING CO 38835 ZIEGLER INC 38836 KAY ZUCCARO 38837 AMERICAN PLANNING ASSN 18838 WARD F DAHLBERG J8839 ERA RELOCATION CENTER 38840 FIRST SECURITY TITLE 38841 ALAN GRAY 38842 HANS HAGEN 38843 HENNEPIN CTY CHIEFS OF POLICE 38844 ISIBAN KISH 38845 LANG PAULY & GREGERSON LTD 38846 MULLIGAN TREE SERVICE 38847 OAK PARK BUSINESS CENTER 38848 GORDON OLSCN 38849 DAVID OSBORNE 38850 PERSONNEL JOURNAL 38851 DAVID PRINTUP 38852 EXEC PROP 38853 FRANK SAARANEN 38854 CHARLES SEABURG 38855 MELTON WALLACE 38856 CLIFFORD WIESE 38857 XEROX CORP 38858 BRYAN ROCK PRODUCTS INC 38859 MN DEPARTMENT OF AGRICULTURE 38860 VOID OUT CHECK 5674078 EXPENSES - POLICE DEPT -GASKET PVC PIPE/6 1" 1000 GAL METER $738.00/METER CONNEM4 $120.96/ -270 5/8 x 3/4 100 GAL METER $12390.30/ -270 #2 COPPERHORN $3537.00/ 2 2" lUu GAL METER $836.00/ 1 1/2 1000 GAL METER $1180.00 VOLLEYBALL OFFICIAL/FEES PAID BUSINESS CARDS - POLICE DEPT -BUSINESS CARDS/LETTERHEAD/INFORMATION oartIghiNG LABELS/LEAF FLYERS/PURCHASE SY LANDSCAPING - PLANNING DEPT SERVICE - LEAF RECYCLING -SEPTEMBER 1 87 MAINTENANCE AGREEMENT - POLICE DEPT -WHEEL ALIGNMENT/8 TIRES &473.12/ 4 TIRES -$151.08/4 TIRE RIME $159.80-EQUIPMENT MAINTENANCE FIRST AID SUPPLIES-CITY HALL & WATER DEPT RELOCATION EXPENSES-HUMAN RESOURCES CLEANING SUPPLIES - EQUIPMENT MAINTENANCE -FLASHER-EQUIPMENT MAINTENANCE/ENGINE REPAIRS AT WELL #6 - WATER DEPT AQUA AEROBICS INSTRUCTOR/FEES PAID SUBSCRIPTION - PLANNING DEPT OCTOBER '87 EXPENSES - LIQUOR REFUND - OVERPAYMENT ON UTILITY BILL REFUND - OVERPAYMENT ON UTILITY BILL DUES/EXPENSES - ENGINEERING DEPT DUES/EXPENSES - ENGINEERING DEPT CONFERENCE - POLICE DEPT REFUND - OVERPAYMENT ON UTILITY BILL MAY '87 LEGAL SERVICE - COMMUNITY CENTER REFUND - WATER METER DEPOSIT REFUND - OVERPAYMENT ON UTILITY BILL REFUND - OVERPAYMENT ON UTILITY BILL REFUND - OVERPAYMENT ON UTILITY BILL SUBSCRIPTION- HUMAN RESOURCES REFUND - OVERPAYMENT ON UTILITY BILL REFUND- OVERPAYMENT ON UTILITY BILL REFUND - OVERPAYMENT ON UTILITY BILL REFUND - OVERPAYMENT ON UTILITY BILL REFUND - WATER METER DEPOSIT REFUND - OVERPAYMENT ON UTILITY BILL SERVICE -ROCK-STREET DEPT/PARK DEPT/JULY STORM DAMAGE FOoD HANDLERS APPLICATION - LIQUOR 8.00 19472.26 40.00 65.00 1247.00 4500.00 4170.00 94.00 900.95 93.30 500.00 571.55 1941.03 290.00 25.00 80.00 34.53 10.20 180.00 200.00 380.00 18.27 16342.05 43.68 2151.70 24.00 26.35 45.00 40.98 37.71 55.25 97.48 268.47 30.33 90.00 2613.69 53.00 0.00 $1629750.54 DISTRIBUTIONS BY FUND 13 gEgglicATE OF INDEBT 15 LIQUOR sToRE—p v M 70809.18 17 LIQUOR STORE-PRESERVE 31 PARK ACQuisT & DEVELOP 33 UTILITY BoND FUND 36 P/S & P/W 8010 FUND 3986 FIRE sTATIoN oONSTRucr 44 UTILITY DEBT FUND 45 UTILITY DEBT FD ARB 51 IMPROVEMENT ComsT FD 52 IMPROVEMENT DEBT FUND 55 IMPROVEMENT DEBT FUND ARB 36751.25 57 ROAD IMPROVEMENT OONsT FD 3542.45 7 3 WATER FUND 101688.58 77 SEWER FUND 91402.71 81 TRUST & ESCROW FUND 8123.92 $1629750.54 43870.67 60869.21 343979.70 314.44 160.68 146214.45 109517.80 284240.84 —77.97 .Z492 1-1 !NAN !instruction company MI W4CPONATD November 17, 1987 Mr. Chris Enger City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55343 RE: PRESERVE VILLAGE CENTER Dear Chris: In reference to the above mentioned shopping center, the following items were contracted or completed since the last council meeting: 1) An electrician inspected every outdoor light. Shields were installed on all back lights to prevent direct light into resident homes. 2) A portion of the fence was repaired, the Contract has been let for the remaining repairs by Dick Gibson. Ryan Construction Company and Jerry's Super Valu has reviewed the supplement to Developer's Agreement and agree with this, but feel somewhat uncomfortable with this decision lying solely at the City's discretion. We would feel more comfortable with a clarification that the City would not be arbitrarily capricious in its decision to rescind 24-hour operation where we used due dilligence in attempting to cure a problem. Very truly yours, RYAN CONSTRUCTION COMPANY WMM:dsn CC: Bill McHale Bob Shadduck, Jerry's Super Valu Edina, Minnesota 700 INTERNATIONAL CENTRE. 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612/339-9847 residential properties, traffic, as well as any other conditions it may determine to be appropriate and of impact. B. If, after the one-year period of monitoring, City determines, in its sole discretion, that the twenty-four- hour operation may continue, City may impose such controls, remedies, and/or procedures for continuing review as City, in its sole discretion, shall deem necessary. C. If, after the one-year period of monitoring, City determines, by its sole discretion, that the twenty-four- hour operation should cease, City shall notify Owner in writing of said determination. Owner shall have fourteen days from the date of the written notification to discontinue the twenty-four-hour operation and shall return to the original hours of business agreed to in the August 7, 1979, Developer's Agreement, that is 6:00 a.m. to 11:00 p.m. for the grocery store to be open to the public. 2. Ryan Construction of Minnesota agrees to all of the terms and conditions and accepts the obligations of the "Owner" under the Developer's Agreement, as amended and supplemented herein. WHEREFORE, the parties hereto have executed this Supplement to Developer's Agreement the day and year first above written. CITY OF EDEN PRAIRIE Gary D. Peterson, Mayor Carl J. Jullie, City Manager Jerry's Super Value SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1987, by and Ryan Construction of Minnesota, Inc., a Minnesota corporation, Owner and Developer of the of the property as described in the developer's agreement between Ryan Construction Company of Minnesota, a Minnesota corporation, and the City of Eden Prairie, for Super Value at County Road #18 and Anderson Lakes Parkway, dated August 7, 1979, hereinafter "Developer's Agreement," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" WHEREAS, the parties desire to amend said agreement; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended by deleting existing Paragraph 9. and inserting the following as Paragraph 9: Owner shall not, and shall not permit others to, deliver, or pick up from the shopping center existing on the property, any goods, Inventory, refuse, garbage, or other materials between the hours of 11:00 p.m. to 6:00 a.m., except pick up by customers during business hours and necessary standard maintenance such as snow removal. The grocery store may be open to the public for business for twenty- four hours per day for a period of one year from the date first mentioned above in this Supplement to Developer's Agreement, subject to the following conditions: A. City will monitor the twenty-four-hour operation and utilize observations made to determine whether the twenty-four-hour operation shall be allowed to continue beyond the period of one year. City may, during said monitoring activities, consider review of the maintenance of the shopping center property, the impact of light, noise, and debris on the surrounding conditions it may determine to be appropriate and of impact. B. If, after the one-year period of monitoring, City determines, in its sole discretion, that the twenty-four- hour operation may continue, City may impose such controls, remedies, and/or procedures for continuing review as City, in its sole discretion, shall deem necessary. C. If, after the one-year period of monitoring, City determines, by its sole discretion, that the twenty-four- hour operation should cease, City shall notify Owner in writing of said determination. Owner shall have fourteen days from the date of the written notification to discontinue the twenty-four-hour operation and shall return to the original hours of business agreed to in the August 7, 1979, Developer's Agreement, that is 6:00 a.m. to 11:00 p.m. for the grocery store to be open to the public. 2. Ryan Construction of Minnesota agrees to all of the terms and cond i t i o n s a n d accepts the obligations of the "Owner" under the Developer's Agr e e m e n t , a s amended and supplemented herein. WHEREFORE, the parties hereto have executed this Supplement to D e v e l o p e r ' s Agreement the day and year first above written. CITY OF EDEN PRAIRIE Gary D. Peterson, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 9 M E M DATE: 11/5/87 TO: Carl Jullie FROM: Jim Clark THRU: Keith Wall SUBJECT: ACTIVITY ANALYSIS OF NEIGHBORHOOD MALLS Per your request Records Supervisor Annette Beach and I reviewed statistical data concerning three neighborhood malls; Preserve Village Mall, Prairie Village Mall, and Prairie View Mall (Rainbow Foods). For the purposes of this report we reviewed the Police activity at these malls for the first three months of 1987. This data appears to be consistent throughout the year. This was a period of time (known to us) when Driskills Super Valu and Rainbow Foods were both open 24 hours per day. During this period we found the following information, which is also displayed on the attached graph. SERVICE CALLS CRIMES & CITATIONS PRESERVE VILLAGE MALL 28 17 PRAIRIE VILLAGE MALL 26 8 PRAIRIE VIEW MALL 20 5 service calls include lockouts, medicals, fires, suspicious persons, ect. crimes and citations are not reflected in service calls As you can see, during this period of time, it appears as though there is no direct relationship between crime reported and a 24 hour operation. In fact it appears to be Inverse in relationship, which may suggest that other factors such as location, physical security, and management attitude may play a part in determination of vulnerability to crime rather than hours of operation. This study reflects only reported crime. Consequently one of the reasons for the difference (reflected in higher numbers) between Preserve Village Mall and the other two Malls is that Jerry's Super Valu has employed security to detect and apprehend shoplifters. Between the hours of 11:00PM and 6:00AM the following calls were answered at the two 24 hour Mails Prairie View Mall (Rainbow) 2 Service Calls Prairie Village Mall 5 Service Calls and 1 Crime (felony theft) D_ OD 0 0 • 171\ oy\w‘v‘v1/2.\1 \\\\"\\"\\I \\M 5 LU 0 tr) LO 010187 THRU 033187 VIEW MALL 'RESERVE VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-309 RESOLUTION APPROVING THE PRELIMINARY PLAT OF KADA, INC., ADDITION FOR KARP'S TWIN CITY SUPPLY COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Kada, Inc., Addition for Karp's Twin City Supply Company, dated September 25, 1987, consisting of 4.1 acres into 1 lot, 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 1st day of December, 1987. Gary D. Peterson, Mayor ATTEST: John O. Frane, City Clerk - L AREA LOCATION MAP STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: REQUEST: Planning Commission Planning Staff Chris Enger, Director of Planning October 23, 1987 Kada Incorporated Addition North of Highway #5, south of Martin Drive, west of Mitchell Road Karp's Twin City Supply Company Preliminary Plat of 4.1 acres into one lot. Background This 4.1-acre area was zoned 1-2 in 1969 and is the existing location of Karp's Twin City Supply Company. The platting request is in response to a building expansion plan under review at this time. Preliminary Plat The existing 2.6-acre parcel, prior to this building expansion request, was developed at a 27.7% Floor Area Ratio (FAR). Plans for the ex- pansion would increase the site's FAR to 31%, exceeding the Code maximum of 30% in the 1-2 District. At this time, the proponent is requesting the preliminary platting of the remaining 1.5 acres located to the west to be combined with the existing 2.6 acres in order to meet the FAR requirements. After platting, the site FAR will be 19.6% with the expansion. Since the additional 1.5 acres of platted property will not be built upon at this time, Staff would recommend that any future expansion for this property be reviewed and approved by the Planning Commission and City Council. Kada Incorporated Addition 2 October 23, 1987 The Minnesota Department of Transportation (MnDOT) has reviewed the p r e l i m i n a r y p l a t request and has indicated to Staff that no additional Highway righ t - o f - w a y w i l l b e necessary for expansion of Trunk Highway #5. MnDOT is now in t h e p r o c e s s o f determining right-of-way needs for future Highway #212. At this t i m e t h e y d o n o t know the extent of right-of-way needs for this property. However , M n D O T i n d i c a t e d that the needs should not affect the taking of any structures on th i s p r o p e r t y . Prior to City Council review, the proponent shall revise the pl a t t o i n c l u d e standard drainage and utility easements around the property. Site Plan The expansion plans for this property include the removal of a small p o r t i o n o f t h e building to be replaced by a 4,500 square foot freezer addition, 31 f e e t i n h e i g h t . City Code allows up to 40 feet for structure height with an 1-2 D i s t r i c t . A l l setbacks and amount of parking spaces required are in conformance w i t h C i t y C o d e . No land alteration is to take place with this addition. Architecture The proposed addition is to be constructed with white pre-finishe d m e t a l panels. The existing structure is constructed with white embossed concrete b l o c k . C i t y C o d e allows a maximum of 25% of a building's exterior finish to be com p r i s e d o f m e t a l within an 1-2 District. Staff has calculated a total of 29% metal u s e b a s e d o n t h e proposed plans. The proponent has indicated that they will be revis i n g t h e p l a n s t o meet the Code requirement. Construction plans also indicate the u s e o f e x p o s e d concrete block along the north and west elevations. City Code doe s n o t p e r m i t t h e use of plain concrete block as an exterior material. Only c o n c r e t e u n i t s decoratively treated with a texture may be used (i.e., rock face b l o c k , b r e a k - o f f block, double-scored block, etc.). Prior to Council review, propon e n t s h a l l r e v i s e plans indicating the use of a decorative type block. The proponent has indicated that the major mechanical units for t h e n e w f r e e z e r addition will be located within the structure which should control a n y u n i t n o i s e , as exists with the McGlynn's mechanical equipment. In addition , t h e m e c h a n i c a l equipment screening plan indicates additional rooftop units. Thes e u n i t s , a n d a l l existing units, are proposed to be screened with wood materials. C i t y C o d e r e q u i r e s the units to be screened with materials architecturally integral wi t h t h e s t r u c t u r e . Since a dominant view of the building will be the new freezer ad d i t i o n , S t a f f recommends that screening for the mechanical units be constructed wit h p r e - f i n i s h e d metal panel to be consistent with the Code requirement. The freezer addition will include one new loading facility door which w i l l f a c e t h e interior of the lot. Landscaoing A landscaping plan of Marshall Ash trees has been provided which me e t s t h e m i n i m u m caliper inch requirement based on the expansion plans. The majori t y o f t h e t r e e s have been placed along the south property line in order to downpla y t h e h e i g h t o f the proposed structure. In addition, some landscaping has been l o c a t e d n e a r t h e site entrance in order to help screen the additional loading faci l i t y d o o r . A l l trees proposed along the south property line should be shifted furth e r t o t h e n o r t h in order to anticipate the future Highway #2I2 right-of-way needs. Kada Incorporated Addition 3 October 23, 1987 Staff has observed for quite some time the use of the extreme southern parking area for temporary parking of semi-trailers. Though this parking may not be considered outside storage because of its transient nature, the City Code requires that all parking areas be screened from public roadways. The proponent shall revise the landscape plan to demonstrate effective screening of the parking area from Highway #5. The use of berms, landscaping, fencing, or a combination thereof should be explored. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for Preliminary Plat of approximately 4.1 acres into one lot, based on plans dated September 12, 1987, subject to the Staff Report dated October 23, 1987, and subject to the following conditions: 1. Prior to Council review, the proponent shall: A. Revise the plat to include standard drainage and utility easements around the property. B. Revise the building elevations to include a decorative type concrete block in lieu of the plain concrete block. In addition, revise the elevations to indicate a maximum use of metal not to exceed 25% of the structure. C. Revise the rooftop mechanical screening plan for existing and proposed units demonstrating the use of pre-finished metal as the main screening element. D. Revise the landscape plan to provide effective screening of the parking area from Highway #5. Also, shift the plantings along the south property line further to the north in anticipation of future Highway #212 right-of-way needs. 2. Prior to Building permit issuance, proponent shall: A. Submit building material samples and colors for review and site lighting details. 3. Prior to any building expansion on the remainder of the property, the plans for such expansion will be required to be reviewed and approved by the Planning Commission and City Council. Eden Prairie Planning Commission October 26, 1987 - Page Three B. KADA, INC., ADDITION, by Karp's Twin City Supply Company. Request for Preliminary Platting of 4.1 acres into 1 lot. Location: North of Highway #5, south of Martin Drive, west of Mitchell Road. A public hearing. Modris Fedders, representing the proponent, stated the projec t i s a very simple addition to an existing building. They will demolish part of the existing structure and replace with a 4, 5 0 0 Eden Prairie Planning Commission - O c t o b e r 2 6 , 1 9 8 7 - Page Four square foot freezer addition, 31 fee t i n h e i g h t . T h e y h a v e m e t with City Staff and will incorporate a l l o f t h e r e c o m m e n d a t i o n s o f the Staff Report. The proponent indicated that the mecha n i c a l u n i t s f o r t h e n e w freezer will be located within the st r u c t u r e w h i c h w i l l c o n t r o l any unit noise. The mechanical roofto p e q u i p m e n t u n i t s w i l l b e screened with metal panel in accordanc e w i t h c o d e r e q u i r e m e n t s . Also, the addition will include one ne w l o a d i n g f a c i l i t y d o o r which will face the interior of the lot. Dram noted that with this addition, pr o p o n e n t w i l l l a n d s c a p e t h e parking area from Highway #5 to demons t r a t e e f f e c t i v e s c r e e n i n g with berms, landscaping, fencing or a c o m b i n a t i o n t h e r e o f . Acting Chairman Hallett stated that t h e p r o p o s a l w i l l p r o v i d e a better situation than we have at pres e n t . MOTION 1: Motion was made by Dodge, seconded by B y e t o c l o s e p u b l i c hearing. Motion carried 5-0-0 MOTION 2: Motion was made by Dodge, seconded by B y e t o r e c o m m e n d t o C i t y Council approval of the request of Kar p ' s t w i n C i t y S u p p l y Company for Preliminary Plat of 4.1 ac r e s i n t o o n e l o t , t o b e known as Kada, Inc., Addition, based o n p l a n s d a t e d S e p t e m b e r 25, 1987, subject to the recommendatio n s o f t h e S t a f f R e p o r t dated October 23, 1987. Motion carried 5-0-0 . • . FINAL REPORT RESIDENTS ADVISORY COMMITTEE ON CITY ADMINISTRATIVE OFFICES November 1987 Since October 1987, a group of 24 residents of Eden Prairie has studied ways to address the community's need for a future City Hall. This time has allowed for thoughtful discussion among Committee members after gaining the benefits of professional services from a market research firm, an architect, and a property appraiser. The City of Eden Prairie is a substantial "business". It has revenues of $25 million annually, fixed assets in excess of $80 million, and nearly 200 permanent staff positions. The revenue and staff figures put Eden Prairie in the same range as companies such as Research, Inc. Eden Prairie as a corporation will continue to grow, and its corporate headquarters -- City Hall -- needs to be planned with that growth in mind. When forming the Committee, the City Council developed the following charge to the committee: "The Eden Prairie City Council seeks an independent, informA recommendation from the community about the best way to address the City's need for permanent administrative offices. It is appointing a 24-member blue-ribbon committee to investigate this matter. The committee will be free and is encouraged to explore a wide array of solutions; however, it will not contemplate any options which entail leasing office space. In considering sites for new City offices, the committee shall have no restrictions on the location of a site it will recommend. The committee will recommend whether the building should be built in phases or initially constructed to its eventual size. It will identify appropriate costs for construction of the building. Finally, the committee will recommend whether this construction should be financed with bonds authorized by referendum or within legal restraints if a referendum is not held. "In its desire to have the committee operate independently, the Council will not have its members nor its staff participate in the committee's activities. The City Manager shall, however, assign one member of his staff to perform liaison duties for the committee. If the committee determines that it needs additional resources which may involve expenses. it may request that the Council authorize payment for these services." .;;J:)0 -2- SUMMARY RECOMMENDATIONS With this charge, the Committee considered a variety of issues, facts, and alternatives. Following is a summary of the major recommendations: 1. A NEW CITY HALL SHOULD BE BUILT AND READY FOR OCCUPANCY IN MARCH, 1993. The current lease arrangement at Executive Drive is an acceptable City Hall until that time. This recommendation allows the City to exercise its option for a 3-year extension of the original 3-year lease. The terms and facility seem reasonable, and extending the lease allows the City to realize maximum return on its leasehold improvement investments and to accumulate financing for the future City Hall. 2. A BUILDING FUND SHOULD BE ESTABLISHED TO FINANCE THE NEW CITY HALL. The committee feels this approach is preferable to a referendum and general obligation bonds. The City knows of its future needs, has the responsibility to prepare a prudent plan, and has resources available for this purpose. Approximately half of new city halls built recently were built without a referendum. The savings realized are substantial -- because no interest will be paid. Total costs should be in the range of $4.5 to $5.3 million, and .6 mill annually will provide adequate funding. 3. LAND SHOULD BE ACQUIRED AS SOON AS POSSIBLE. Three sites are recommended for Council consideration. Each meets the criteria set forth by the Committee. The Council should negotiate on these sites to achieve the best possible purchase -- at the earliest possible date. Five to eight acres of developable land is needed. 4. THE BUILDING SHOULD BE FUNCTIONAL AND REFLECT THE PUBLIC NATURE OF ITS USE. It should blend reasonably well with surrounding buildings and conditions. It should not be ostentatious. The design should allow for future expansion if it is needed. A two-story City Hall with approximately 40,000 square feet is needed. The cost should be approximately $70/square foot (in 1986 construction costs). PROCESS In October 1986 the City Council named four persons to serve as the nucleus for a citizens committee to advise in planning and financing for a new City Hall. These four comprised the executive committee for the planning process: Rich Anderson, Gene Haberman, Marty Jessen and Jean Myers. The Executive Committee "nominated" 12 members to serve on the Committee based on representation from various segments of the community. Eight other persons who had written the Council regarding their desire to participate also were appointed. The 24 members of the committee were: -3- Executive Committee Rich Anderson Jean Myers Gene Haberman Marty Jessen Committee Membership Rod Anderson Tom Bierman Ann Boline David Bowers Pat Breitenstein Ken Brooks Betty Craig Dennis Dirlam Harlan Fritz Merle Gamm Mike Gust John Hartsough Fred Hoisington Steve Hoyt Jerry LaBarre Jim Ostenson Jim Rannow Paul Redpath Lyle Shaw Dave Spaulding Two members of the Committee were unable to continue o n t h e c o m m i t t e e ; G e n e Haberman accepted a job out of state, and Betty Cr a i g f o u n d h e r s c h e d u l e t o o busy. Meetings of the full Committee had excellen t a t t e n d a n c e , a v e r a g i n g 1 4 to 18 per meeting. The broad scope of the Committee's work quickly b e c a m e a p p a r e n t . I n o r d e r t o manage the work, subcommittees were established. S u b c o m m i t t e e c h a r g e s a n d reporting dates were designed and sequenced to bui l d u p o n t h e w o r k o f preceding committees. In this manner, the work pr o g r e s s e d l o g i c a l l y , w i t h each new piece using the information and consensus w h i c h h a d b e e n b u i l d i n g among the full Committee. Each member of the Comm i t t e e s e r v e d o n a subcommittee, and each subcommittee had at least o n e m e m b e r o f t h e e x e c u t i v e committee. The subcommittees were: 1. Inventory of Other City Halls: This subcommittee conducted a survey of selected suburbs to determine why various communit i e s d e s i g n e d a n d located their City Halls the way they did. They a l s o f o u n d w h a t t y p e s o f services were offered, and how much building space h a d b e e n b u i l t t o provide them. 2. Other Governmental Services: This subcommittee investigated the possibility (and probability) of locating additiona l s e r v i c e s ( e . g . , Hennepin County, U.S. Postal Service) with a new Cit y H a l l . 3. Survey: This subcommittee was charged with conducting a s u r v e y o f residents to determine what they expected of a Cit y H a l l b u i l d i n g . A n d what concerns they had when they voted (or did not v o t e ) a t t h e referendum. 4. Program for the City Hall: This group used the results of the previous three subcommittees work to write a description of t h e p r o g r a m ( s e r v i c e s and facilities) for the City Hall. It studied the e f f i c i e n c y , a r r a n g e - ment, and public use of the space. -4- 5. Site Selection/Building Design: Using the program statement, this group identified and evaluated potential sites, and developed a concept plan for the site. 6. Finance and Implementation: This subcommittee explored funding alternatives for the new City Hall. It also addressed such implementation issues as the use of referendum, timing for funding programs, and timing of property acquisition and building occupancy. Each subcommittee submitted a draft report to the full Committee for review. All final reports were approved by the full Committee. These reports appear In the following chapters. It has been a pleasure serving the community in this important effort. We believe the recommendations are sound and will serve Eden Prairie well. On behalf of the Committee. Marty Jessen CHAPTER I INVENTORY OF OTHER CITY HALLS Chair: Jim Ostenson Members: Ann Boline, David Bowers, Mike Gust, John Hartsough, Jean Myers This subcommittee contacted staff members of ten suburban communities and asked eight general questions. The committees selected were comparable to Eden Prairie in terms of its maturity or what it may become. A summary of the research about what these communities have done and what they would do differently appears on the next two pages. To: Residents Advisory Committee on City Administrative Offices From: Inventory of Other City Halls Sub-Committee Date: January 14, 1987 This committee was charged with conducting a selective inventory of what other cities have built as city halls and why. Accordingly, we selected several suburbs that we felt were comparable with Eden Prairie in terms of maturity or communities that were more established from which we might learn. The following communities were selected: Maple Grove Minnetonka St. Louis Park Brooklyn Center Woodbury Eagan Bloomington Edina Coon Rapids Plymouth While it is difficult to form definite conclusions from our research, we were able to acknowledge the following facts. Population verses size of City Hall: Population of the Communities surveyed ranged from 16,000 to 80,000. The majority of the communities were between 31,000 to 45,000. While the size of the City Hall structure was not always able to be identified, they generally ranged from 15,000 to 40,000 square feet and contained approximately 100 employees. City Services Located Within the City Hall: The majority of City Halls contain all administrative offices and eight of the communities also had their police department within the City Hall building. Several of the communities had their fire department administrative offices located inside. Repeatedly, it was mentioned that it is important to have as many functions under one roof as possible. The people interviewed felt that it was important for the different departments to have convenient access to each other (i.e., the fire department working with the building department). City Services Contained Outside City Hall: The two services most frequently located outside were a fire department and public works. Location of City Hall: The majority of the City Halls were located within the geographic center of the community. Those that were not, were located near the business district or on a main street. Page two Other Services in the City Hall: None of the communities interviewed had other services, outside of city services, located within their City Hall building. Several of the communities had libraries near by, a police station next door or future hopes for an adjacent post office. Recommended Changes or Improvements: The need for better space utilization seemed to be a common complaint. Too often the City Halls were built too small or did not allow for an easy flow of communication between various departments. The need for storage was usually under estimated and the potential need for expansion was not addressed. ijr CHAPTER II OTHER GOVERNMENTAL SERVICES Co-Chairs: Pat Breitenstein, Paul Redpath Members: Rod Anderson, Betty Craig, Harlan Fritz, Marty Jessen This subcommittee reviewed what services are "typically" available in other city halls. Members also explored the feasibility of a post office or post office contract station, deputy registrar, Hennepin County service center, County and State park information and services, university extension courses, and county extension agents and programs. Discussion among Subcommittee and Committee members concluded that housing as many of the City's services as possible under one roof was desirable. Other services which the City may consider adding would be a deputy registrar (vehicle licensing) and a contract postal station. While the Subcommittee started with the concept of combining all of the services described into one community service office, the idea of a public service center is not feasible because the U.S. Postal Service will build an Eden Prairie office within a few years and the County has no plans for service centers in addition to those at the Government Center, Brookdale, Ridgedale, and Southdale. Planning for a City Hall building and site should be focused just on the needs of the City organization. CHAPTER III SURVEY Chair: Gene Haberman Members: Tom Bierman, Ken Brooks, John Hartsough, Jim Rannow The Executive Committee believed it was important to understand t h e c o m m u n i t y ' s sentiments and expectations of a City Hall. The full Committee d e t e r m i n e d t h a t a survey would be a valuable tool in gaining this understandi n g . M a j o r components of the survey were to be: 1) attitude about governm e n t ; 2 ) s e r v i c e s ; and 3) the image of the building as needing to be a major cente r o r a n o f f i c e facility. The focus was to be more forward-looking in terms of b u i l d i n g s u p p o r t for a new City Hall, rather than to be bogged down in determini n g w h a t w e n t wrong on the referendum. City Council granted a request for funds to retain the services o f a m a r k e t survey/research firm to conduct the survey. Subcommittee member s c h o s e T K Associates of Minneapolis, Inc. for the work. During January 1 9 8 7 , 3 0 0 residents of Eden Prairie were contacted through a random teleph o n e s u r v e y , 1 5 0 of whom were known to have voted on the referendum. The sample y i e l d e d a 9 5 percent confidence level for the results. Based on the data and analysis provided by the firm, the subcommi t t e e a n d committee drew the following conclusions: I. There is a need for a new City Hall. 2. At this time, residents are not frequent users of City Hall but t h e y are satisfied with the quality of service received when they hav e u s e d It. 3. Perhaps because of their infrequent usage, residents are not ove r l y concerned with the location of City Hall. 4. Residents do not perceive a strong need to add services by other governmental agencies and clearly do not see a need for an audit o r i u m as a possible addition to City Hall. 5. Residents felt strongly that a new City Hall need not be highl y v i s i b l e and distinct but should blend in with the surroundings. 6. A majority of residents feel that city government will change a n d g r o w In the future through the addition of staff to provide service s t o m e e t general and specific needs, as well as the overall growth of s t a f f t o accommodate existing services. Therefore, building design shou l d b e flexible and expandable. 7. Residents expect a thorough cost-benefit analysis to be perform e d o n a l l perspective locations and building plans. A bias exists toward l o c a t i o n s already owned by the City. 8. Residents perceive that the last referendum was poorly planned a n d marketed. A copy of the full report, including an interesting compilation o f r e s p n s e s t o open-ended questions, is stored in the City Manager's Office. T h e e x e c u t i v e summary of the consultant's report appears on the next two pages. EXECUTIVE SUMMARY A total of 300 telephone interviews were conducted with adult residents of the City of Eden Prairie: 150 with a systematic random sample of residents who voted in the May 6, 1986 referendum and 150 with a random sample of the general population. Two-thirds of the respondents have lived in Eden Prairie for over five years; eight in ten live in single family homes; and, over nine in ten own their homes. Just over half of the respondents were female; almost two- thirds are aged 31 to 50; and 95% reported that they are registered to vote. Over ninety percent of the respondents have been to Eden Prairie City Hall at some time, and almost all of these residents reported that they were very or somewhat satisfied with the service they received on their last visit. The most frequently reported reasons for going to City Hall included attending Council meetings, obtaining dog licenses/tags, and obtaining building or other permits. Over three-fourths of the residents who have been to City Hall or who know where it is located feel that the location is fine where it is. Six in ten of the respondents thought that the City Hall should blend well with surrounding buildings, while a quarter thought is should be highly visible and distinct looking. When read a list of services and asked which were important for City Hall to offer, the most frequently mentioned services were those dealing with the use of land in the community. While just over half of the respondents thought that it was important for City Hall to offer car licensing services, close to seven in ten mentioned that they would make use of such a service if it were available. Almost half of those residents who thought it was important for City Hall to offer land use planning and building construction safety services did no think that they, themselves, would use the service. Just over a tenth of the respondents feel a government services center is very necessary in Eden Prairie, and just over half feel it is somewhat necessary. Two-thirds of the respondents do not feel it is at all necessary for City Hall to include an auditorium and public meeting space. -:: Just over six in ten of the respondents expect the ro l e o f city government in Eden Prairie to change over the ne x t f i v e to ten years. Of the 189 residents who anticipate changes in the rol e o f city government, many mentioned that the change would involve the need for increased services and related personnel. Over two-thirds of the residents in the study indicate d t h a t they had voted in the May 6, 1986 referendum on City H a l l . This ranged from 43% in the general population sampl e t o 9 3 % in the sample drawn from known voters. Among those residents who indicated that they voted i n t h e referendum, cost, the necessity of a new building, a n d location were the three issues most frequently menti o n e d a s having influenced their vote. Among those residents who indicated that they did no t v o t e in the referendum, being uninformed or uninterested, o u t o f town, or too busy were the most frequently mentioned r e a s o n s for not voting. 30i0 CHAPTER IV PROGRAM FOR THE BUILDING Chair: Tom Bierman, Fred Hoisington Members: Dennis Dirlam, Marty Jessen, Jim Rannow, Lyle Shaw This Subcommittee had a rather broad charge: to determine t h e p r o g r a m o f t h e new City Hall. A program is a broad concept for defining wh a t a b u i l d i n g o u g h t to be. This term relates to a variety of elements, from the u s e a n d " f e e l " o f Interior space to the achitecture and "statement" of the bui l d i n g ' s o u t w a r d image. In order to make the task manageable, the Subcommitte e u s e d t h e information and decisions from the studies of the subcommitt e e s d e s c r i b e d i n Chapters I-III. Funds for architectural services to assist the Committee h a d b e e n a p p r o v e d b y the City Council. Wally Daniels of the firm Setter, Leach & L i n d s t r o m , I n c . , who had been the project manager for the City Hall propose d f o r t h e M a r c h 1 9 8 6 referendum, provided the expertise the Subcommittee reque s t e d . W h i l e Subcommittee members at first believed some general relati o n s h i p s e x i s t e d between employees or population and building square footag e , f u r t h e r s t u d y proved that no standard existed. Accordingly, the Subcommi t t e e a n a l y z e d staffing projections, public space expectations, and buildi n g u s e f r o m a "bottom-up" approach. Its conclusions suggested ranges of e x p e c t e d s i z e s a n d functions. The Subcommittee's final report appears on the next two pa g e s . T o f u r t h e r summarize its recommendations: A multi-level building of 37,000 to 41,000 square feet shoul d b e c o n s t r u c t e d all at one time. Interior and exterior architecture shoul d c o n v e y functionality, efficiency, and good utility of space while b e i n g w a r m a n d inviting. It should blend reasonably well with surroundin g b u i l d i n g s a n d environmental conditions, while reflecting the public natu r e o f t h e building. City Hall should have a geographically central l o c a t i o n o n a s i t e preferably eight acres minimum in size (five acres absolut e m i n i m u m ) . T h e cost for the building - in terms of building shell, buildi n g e q u i p m e n t , a n d interior finishes - should be around $70/square foot (1986 d o l l a r s ) . ?Oh REPORT OF THE PROGRAM SUBCOMMITTEE RESIDENTS ADVISORY COMMITTEE ON CITY ADMINISTRATIVE OFFICES FOR THE CITY OF EDEN PRAIRIE, MN Throughout February and March 1987, the Program Subcommittee has explored what should be key elements for Eden Prairie's City Hall. During the review process, the Subcommittee used the professional advice of the architect for the earlier City Hall proposal, a substantial amount of Information gathered by the staff liaison, and the results of the resident survey to guide members to recommendations. These recommendations are presented to the full Residents Advisory Committee on City Administrative offices for comment and adoption. A building "program" is a broad concept for defining what a building ought to be. It can contain both specific and general elements as well as identify structural particulars and architectural themes. For ease and clarity, the Subcommittee narrowed its focus to the parameters to be discussed below. Many recommendations are general in nature because neither a design nor a site for the building now exist. Services To Be Offered: The types of services provided at City Hall should be similar to those which presently exist. Granted, the services offered may evolve in ways which are not now predictable; however, the structure in the administrative offices should not need much change to handle future demands. Having other governmental or private agencies housed in the City offices appears neither necessary nor desired. Staff Size: Assuming that projections made for the development of the community are accurate and in order to maintain at least the current level of service quality, the building should be designed to house 105 to 115 employees. This number of staff members will probably be reached in about five to ten years. This staffing requirement is comparable with cities of similar size, and one at which administrative staffing should stabilize. Staff size after additions in 1987 will number 70. Public Areas: The image one gains upon entering the building should be of functionality, efficiency, and good utility of space. It should be warm and inviting. Easy orientation and easily identified access to other levels will enhance everyone's use of the building. Because providing space for Council and Commission meetings is an important function of a city hall, there should be ample space and a number of meeting and conference rooms with built-in flexibility. A feeling of spaciousness is • not critical; however, it should be considered if the building design will result in little additional cost. The City Hall should include a multi-purpose entrance area, seating for 150 persons in the Council Room, and other public meeting areas. Multiple use of as many spaces as possible - for both public and staff areas - should be encouraged. Building Size: In order to accommodate the types and levels of services, the amount of staff positions to provide those services, and the public areas needed for the public use and image of the building, City Hall should be between 37,000 and 41,000 square feet in size. -2 - City Halls are public buildings and require more space than "a typical office building" because of the need for public meeting areas (e.g. City Council and Commission rooms), the presence of several relatively autonomous departments, and greater storage needs due to the historical nature of public records. A range of 37,000 to 41,000 square feet is recommended. This office space is consistent with cities of similar size which the Subcommittee has studied. To minimize future cost, the full 37,000 to 41,000 square feet should be constructed all at one time. The exact size of the building will depend on the building design which, in turn, will depend on soil and topographic characteristics of a site. The building should be multi-level, with the number of levels dictated by these characteristics. If a basement level is feasible, it should be used only as non-public space. Multiple use of space should be sought as much as P055 ible. Exterior Building Image: The architecture of City Hall should convey the qualities already identified for the public areas of the building. The future City Hall should be designed such that it blends reasonably well with surrounding buldings and environmental conditions. The design, while not ostentatious, should reflect the public nature of the building. While design is somewhat site-dependent, the look of the city halls of such cities as Plymouth and Eagan should be the design goal. The building should be multi-level (because this design is more cost-effective) as dictated by the topography of the site. While it appears that expansion of the building will not be necessary, the design should allow for future expansion should the need arise. Cost: After review of construction costs of five other city halls, buildings in the metropolitan area, and buildings in Eden Prairie, the Subcommittee concluded that costs for the building, its mechanical support and interior interior finishes, should be approximately $70 per square foot in 1986 dollars. Costs not included in this figure are such things as parking lots, landscaping, communications equipment, furniture, and land and site preparation. Size and Location: The size of the land on which the City Hall will be located should have a minimum of eight acres. This size will allow flexibility in the design and configuration of the building on the site while providing some open space on the City Hall grounds. Eight acres will also allow possible building expansion and space for parking areas (estimated to be 200 spaces) in accordance with development standards in the Ordinance Code. City Hall should have a geographically central location. Summary: The new City Hall should be well-designed and impart the public nature of the building with effective use of space. The building should not be ostentatious. It should blend well with surrounding buildings and environmental conditions. It should be designed to house 105 to 115 employees who will provide the services generally found at other city halls in metropolitan-area suburbs. It should have sufficient public meeting areas within the building. To accommodate the needs identified by the Subcommittee, the City Hall should be between 37,000 and 41,000 square feet in size and allow for future expansion should that unlikely need arise. The cost for the building - in terms of the building shell, building equipment, and interior finishes - should be approximately 870 per square foot (in 1986 dollars). A centrally-located site with a minimum size of eight acres will be needed. CHAPTER V SITE SELECTION/BUILDING DESIGN Chair: Rich Anderson Members: Merle Gamm, Fred Hoisington, Steve Hoyt, Jerry LaBarre, Jim Ostenson, Dave Spaulding This group focused its efforts on identifying sites which would accommodate the recommendations of the program subcommittee. Using the funds for professional services approved by Council, Setter, Leach & Lindstrom provided site and layout analysis, while Krueger Appraisals, Inc. gathered information on a preliminary basis regarding anticipated and appropriate costs for land at several sites. Committee members identified a number of sites which could be considered and later reduced the number to eight. Criteria for weighting and scoring the sites were established by the full committee. These criteria and weights are listed below: Cost of Land 29% Building Efficiency 17% Location/Accessibility 14% Site Now Owned by City 11% Relationship to Other Uses 11% Site Size 9% Sites scored highest if they were less than a "benchmark" site (a "pure" 5 acres @ $3.00/s.f., or $653,000), accommodated a two-story building, were within 1/4- mile of geographical population center, had excellent access and visibility, were owned by the City, were totally compatible/consistent with surrounding existing and future land uses and Guide Plan, and between five and eight acres in size. The Subcommittee's recommendation was for the City to negotiate the purchase of three privately-owned parcels: *Site 8, ADC property, northeast corner of Anderson Lakes Parkway and Mitchell Road; *Site 7, Carmody property, north of Anderson Lakes Parkway along Purgatory Creek; *Site 10, Equitable property, southeast curve of Equitable Drive south of Valley View Road; and to have Site 2, the old City Hall site, be a fall-back site in the event that an acceptable price were not negotiated for any of the three sites. Further, consideration should be given to purchase of the five acres immediately south of the old City Hall so that the present building and its use can be maintained if this site were ultimately selected. Costs for the privately-owned sites could be expected to range between $550,000 and $1,600,000 depending how (and if) the parcels could be subdivided. CHAPTER VI FINANCE AND IMPLEMENTATION Chair: Marty Jessen Members: Ann Boline, Ken Brooks, John Hartsough, Paul Redpath, Lyle Shaw This Subcommittee discussed ways in which recommendations from the other five subcommittees could be put into action. Its report appears on the next six pages. In summary, recommendations for financing and implementing the new City Hall plan are to: *Secure land as quickly as practical and consider use of cash reserves for outright purchase; *Make decision to build by February 1991 so that building may be occupied March 1, 1993; *Establish a Building Fund with an annual levy approximating 0.6 mill through 1997, and continue the levy for rent in 1992 through 1997; *If a Building Fund is not established, gain approval through referendum for issuance of general obligation bonds, which has lowest long-term cost; and *If referendum is also not chosen, look at other long-term financing techniques. • The full Committee endorsed these recommendations, with the exception of one member who dissented because the issue would not be placed in front of residents on a referendum as had been done previously. TO: FULL COMMITTEE FROM: FINANCE AND IMPLEMENTATION SUBCOMMITTEE SUBJECT: SUBCOMMITTEE REPORT DATE: SEPTEMBER 14, 1987 The Subcommittee makes the following recommendation r e g a r d i n g i t s c h a r g e : Land Acquisition: Land for the new City Hall should be secure d a s quickly as practical. The City Council should c o n s i d e r u s e o f i t s cash reserve for full, outright purchase of the sit e s e l e c t e d . Occupancy: The new City Hall should be ready for occupanc y o n M a r c h 1, 1993, the day after the first three-year renewa l o p t i o n e x p i r e s o n the current lease for space at 7600 Executive Drive . Financing Method: Several financing methods are available. The Subcommittee strongly recommends that a Building Fu n d b e e s t a b l i s h e d , and that this new levy be set at 0.6 mills. Addit i o n a l l y , a f t e r t h e new City Hall is occupied, the amount paid for r e n t i n 1 9 9 2 s h o u l d continue to be levied throughout the term of t h e c o n s t r u c t i o n agreement (1997). The Subcommittee's second choice is to issue gene r a l o b l i g a t i o n b o n d s approved through referendum. This choice would h a v e t h e l o w e r t o t a l cost of long-term strategies, although there is r i s k t h a t i t w o u l d b e defeated. The referendum would need to be held b y M a r c h 1 9 9 1 . The third choice is using such instruments a s c e r t i f i c a t e s o f participation which offer the advantages of long - t e r m f i n a n c i n g , b u t which carry interest charges up to one percent g r e a t e r t h a n b o n d s approved by referendum. Memoranda are attached and are to be consid e r e d a part of the subcommittee's report. MEMORANDUM TO: Implementation and Finance Subcommittee Residents Advisory Committee on City Administrative Offices FROM: Craig W. Dawson, Staff Liaison SUBJECT: Financing Alternatives and Final Report DATE: September 14, 1987 The Subcommittee is nearing completion of its work. A draft of the final report should be presented to the full Committee on September 30. The bulk of the report could be taken from a memorandum prepared for the Subcommittee's June 11 meeting. Little if any information has been uncovered which would conflict with or add to the information contained in that memorandum. Some additional information has been prepared as requested by the Subcommittee. One of the techniques which the members found inviting was the establishment of a building fund. This alternative embodies a pay-as-you-go philosophy, a method generally not used in Eden Prairie because of a belief that future residents and businesses should also bear the cost of long-lived City facilities. Some concerns have also been raised that monies raised may not remain in the fund - they may be raided for other purchases or in an attempt to reduce the City's tax levy. The following table and scenarios about the growth of a building fund have been assembled without a great degree of sophistication but with quite conservative assumptions. Funds Raised Mill Levy @ Projected Assessed Value @ 0.6 Mill Levy $250,000 Levy 1988 $397 million $238,200 0.63 1989 439 million 263,400 0.57 1990 480 million 288,000 0.52 1991 520 million 312,000 0.48 1992 560 million 336,000 0.45 1993 600 million 360,000 0.42 1994 640 million 384,000 0.39 1995 680 million 408,000 0.37 1996 720 million 432,000 0.35 1997 760 million 456,000 0.33 1998 480,000 800 million 0.31 -2- Assumptions 1. Growth in assessed value = $40 million/year 2. Tax increment financing districts are not returned to general tax rolls (Partial retirement is, in fact, anticipated for taxes payable 1990 of about $18 million assessed value, and full retirement for taxes payable 1992 adding another $12 million assessed value.) The following scenarios assume that payments for $4 million in cons t r u c t i o n costs begin in 1992 for occupancy of the new City Hall on march 1, 1 9 9 3 . Consequently, if a contract is entered into for the statutory-maxim u m f i v e years, the costs of construction should be paid in full by 1997. I t i s f u r t h e r assumed that interest earnings will equal the cost of inflation; he n c e , b o t h matters are ignored. Scenario A Constant 0.6-mill levy Funds raised thru 1997 Continuation of levy for rent 1993-1997 (Rent = $205,000 in 1992) Scenario B Constant $250,000 levy Funds raised thru 1997 Continuation of levy for rent 1993-1997 (Rent = $205,000 in 1992) $3,861,000 990,000 $4,851,00C $2,500,000 990,000 $3,590,000 Cost: The Subcommittee needs to recommend the cost of the project . T o d a t e , the following figures have been used by the Subcommittee and/or ot h e r subcommittees: Building (incl. fees and other internal systems) 37,000-41,000 s.f. @$70 plus other items above $3.25 - 3.55 million Site Work (Parking, Landscaping) 300,000 Land Cost (5-8 acres, $3.00+/s.f.) $0.7 - 1.1 million Range of Cost 14.25 -4.95 million + Contingency 400,000 $4.65 - 5.35 million Implementation: Decisions need to be reached on the following items : a) When should land be secured? Much discussion has focused on the idea that the City should own, or be in the process of buying, the land when the decision iS made to finance non-land costs for the New City Hall. It has been suggested that Council secure the land as soon as practicable, including outright purchase with use of the City's cash reserve. 7 - 3 - b) When should the building be ready for occupancy? Although the charge from the City Council stated that C o u n c i l will determine when the City will end leasing office sp a c e , several Committee members have expressed opinions that a recommendation should be made regarding a preference for occupancy in the City's own building. c) Which method(s) of financing are preferred and deserve f u r t h e r analysis? Several vehicles exist for financing the new City Hall. S o m e of them have been discussed by the Subcommittee and some very preliminary data have been prepared about possible finan c i a l impact. Any alternative recommended by the Subcommittee s h o u l d have more thorough analysis by firms with financial exper t i s e on these matters. The Subcommittee should identify its preferences in order of priority. Considerable discussion has taken place about the use o f r e f e r e n d u m f o r financing approval. The following table gives example s o n t h e u s e o f r e f e r e n d u m in some other metropolitan area suburbs. Original building approved with referendum. Expansions accomplished without referendum. New City Hall will probably be with referendum. Present City Hall and expansions without referendum. New facility without referendum. New City Hall with referendum (1987). Original building approved with referendum. Expansion & remodeling approved with referendum (1987) Facility approved with referendum (on second try) New facility approved without referendum. Original City Hall approved with referendum. Expansion approved with referendum. Original building approved without referendum. Expansion approved without referendum. Original building approved with referendum. Expansion approved with referendum. Facility approved without referendum. Facility approved without referendum. * * * * * * * * * * * * * * Apple Valley Brooklyn Park Burnsville Champlin Chanhassen Chaska Maple Grove Minnetonka New Brighton Plymouth St. Louis Park MEMORANDUM TO: Implementation and Finance Subcommi t t e e Residents Advisory Committee in Cit y A d m i n i s t r a t i v e O f f i c e s FROM: Craig Dawson, Staff Liaiso SUBJECT: Financing Alternatives DATE: June 11, 1987 At its last meeting, the Subcommitte e w a s p r e s e n t e d s e v e r a l f i n a n c i n g a l t e r n a t i v e s w h i c h are available to the City. We have e x p l o r e d s o m e o f t h e s e o p t i o n s d u r i n g t h e i n t e r i m a n d compiled the following information t o a s s i s t i n m a k i n g r e c o m m e n d a t i o n s . Referendum: Traditionally, the safest way to o b t a i n t h e l o w e s t r a t e o f i n t e r e s t f o r financing a City Hall is through a r e f e r e n d u m a p p r o v i n g t h e i s s u a n c e o f b o n d s . T h e C i t y commits its full faith and credit du r i n g t h e t e r m o f t h e b o n d s . B e c a u s e i n t e r e s t o n t h e bonds is tax-exempt, the City is abl e t o p a y o f f t h e b o n d s w i t h l o w e r r a t e s o f i n t e r e s t than conventional financing. The Cit y o f E d e n P r a i r i e g e n e r a l l y i s s u e s d e b t f o r p e r i o d s of 15 - 20 years, although State la w a l l o w s u p t o 3 0 y e a r s . Two risks are readily apparent with a r e f e r e n d u m . F i r s t , t h e a m o u n t o f b o n d s t o b e authorized is high because numerous c o n t i n g e r f , l e s a n d i n f l a t i o n m u s t b e i n c l u d e d . T h i s m a ) contribute to the second risk: the r e f e r e n d u m m a y f a i l . Bonds must be issued within "a reas o n a b l e p e r i o d o f t i m e " a f t e r a r e f e r e n d u m p a s s e s . T h i s time frame is fuzzy, and we would re l y o n b o n d c o u n s e l a d v i c e . Current federal law also exempts a C i t y w h i c h i s s u e s l e s s t h a n $ 5 m i l l i o n i n a c a l e n d a r year to have bond proceeds for that y e a r from arbitrage rules. Lease Purchase. The City Attorney a d v i s e s t h a t S t a t e l a w p r o h i b i t s p u r c h a s e s w h i c h t a k e more than five years to accomplish u n l e s s t h e y h a v e b e e n a p p r o v e d b y r e f e r e n d u m . S e v e r a l techniques have been designed to fin e s s e a r o u n d t h e l i t e r a l i n t e r p r e t a t i o n o f t h e s t a t u t e . One such option is issuing certifica t e s o f p a r t i c i p a t i o n . ( T h e S u b c o m m i t t e e h a s b e e n provided with two examples of this v e h i c l e . ) U n d e r t h i s a r r a n g e m e n t a f i n a n c i a l corporation and the City would execu t e a l e a s e / p u r c h a s e a g r e e m e n t a n d i s s u e c e r t i f i c a t e s for other parties to invest in. One c o u l d v i e w t h i s a s o t h e r s p a r t i c i p a t i n g i n t h e contract for deed between the City a n d t h e f i n a n c i a l c o r p o r a t i o n . T h e C i t y w o u l d i n effect, but not technically, be ret i r i n g t h e d e b t t h r o u g h a n n u a l l e a s e a p p r o p r i a t i o n s . Technically, the City's obligation i s o n l y f o r o n e y e a r ; h e n c e , a n e l e m e n t o f r i s k i s introduced and the rate of interest u n d e r t h i s a r r a n g e m e n t i s 0 . 5 t o 1 . 0 p e r c e n t h i g h e r than a referendum-approved issue. B o n d c o u n s e l s a d v i s e t h a t i n t e r e s t e a r n e d o n t h e certificates is exempt from federal i n c o m e t a x , b u t w o u l d b e t a x a b l e o n t h e s t a t e i n c o m e schedule. Another tool is a more conventional l e a s e p u r c h a s e a r r a n g e m e n t w h i c h w o u l d n o t e n t a i l t h e certificates described above. With t h i s m e c h a n i s m a b u i l d e r f u n c t i o n s a s m o r t g a g o r i n what would customarily be a turnkey t r a n s a c t i o n . A d v a n t a g e s t o h a v i n g a p r i v a t e p a r t y construct a building include the sa v i n g s i n t i m e c o m p a r e d t o t h a t r e q u i r e d p u b l i c b i d d i n g process, and the alleged savings in c o s t s w h i c h p r i v a t e p r o j e c t s h a v e o v e r p u b l i c undertakings. Formerly, developers w e r e a b l e t o h a v e t h e t a x - e x e m p t s t a t u s o f t h e s e projects pass through to them. Rece n t c h a n g e s i n f e d e r a l l a w r e m o v e d t h i s b e n e f i t . U n d e r the conventional arrangement, the Ci t y w o u l d a l s o b e l i a b l e f o r r e a l e s t a t e t a x e s ( p a i d i n the rent) until the purchase was cons u m m a t e d . -' - Lease purchase is not to be confused with sale le a s e b a c k , a c o n c e p t w h i c h w a s p o p u l a r a few years ago. Sale leaseback involves a City selling a property to another entity and then paying it for use of, or a guarantee of reve n u e f o r t h e f a c i l i t y . A n o t a b l e l o c a l example is the St. Paul Civic Center. Establishment of a BuildinoFund: Another techniq u e t o f i n a n c e a n e w C i t y H a l l i s o n a pay-as-you-go basis. A building fund is a varian t o f t h i s m e t h o d . B e c a u s e o f t h e f i v e - year limit on pruchases, a fund would need to be e s t a b l i s h e d a n d r e v e n u e a c c u m u l a t e d before construction is begun. The difference betw e e n c o n s t r u c t i o n c o s t s a n d t h e b u i l d i n fund balance at the time of construction would ne e d t o b e p a i d w i t h i n f i v e y e a r s . The City could also take advantage of moneys in i t s G e n e r a l F u n d R e s e r v e . T h e a m o u n t available varies from year to year; for discussio n p u r p o s e s , h o w e v e r , o n e c o u l d c o n s i d e r $1 million for a one-time expense. City staff has tried to formulate hypothetical cas h f l o w m o d e l s b a s e d o n a d i f f e r i n g c o s t and different dates of occupancy. Significant cha n g e s r e l a t i n g t o a C i t y ' s t a x i n g authority and the computations for assessed valu a t i o n w e r e j u s t a d o p t e d b y t h e 1 9 8 7 Legislature. For example, in 1988 all cities may i n c r e a s e t h e i r l e v y b a s e o n l y 3 p e r c e n t plus an adjustment for population, but NOT an adju s t m e n t f o r i n c r e a s e d commecial/industrial valuation. (It appears that t h e C / I v a l u a t i o n e s c a l a t o r w i l l b e restored in 1989.) At this time, it is prematur e t o m a k e p r o j e c t i o n s w i t h o u t a f u l l e r understanding of the ramifcations of the new sta t u t e s . Some discussion had occurred about the impact on a " t y p i c a l " E d e n P r a i r i e h o m e s t e a d i f a set amount of property tax revenue were set asid e f o r a b u i l d i n g f u n d . T h e f o l l o w i n g table represents the effect of a $250,000 levy f o r t a x e s p a y a b l e 1 9 8 7 : Homestead Est. Mkt. Value $ 80,000 120,000 160,000 "Extra" Tax $ 11.61 19.78 27.96 The mill rate impact would have been 0.73 mills. A m i l l r a i s e d $ 3 4 1 , 0 0 0 i n 1 9 8 7 . Again, changes in the property classificaiton an d t a x a t i o n s y s t e m m a k e p r o j e c t i o n s a b o u t 1988 taxes highly speculative. The 1987 figures should, how e v e r , r e p r e s e n t t h e h i g h e s t cost because there will be new tax base growth. CWD:jdp Final Comments: All of the Committee members wish to thank the City Council for the privilege to participate in a study which will have lasting importance for Eden Prairie. The Council's aim of broad-based representation of the community on this Committee was realized: each member brought different perspectives and priorities into the planning and study process, and the Committee arrived at a thoughtful, well-rounded consensus which is conveyed in this report. We commend the City Council for the generous financial and staff resources which it made available thoughout the study. Without this assistance, the Committee's work would have been considerably longer and have had less depth of analysis. The Committee is confident that this report provides the City Council with several viable, practical alternatives for the construction of a new City Hall. We, too, wait for this project to reach fruition and look forward to being present for its grand opening. 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. CITY MANAGER EVALUATION NOVEMBER 1987 I. General - 15% of Eval. Range 2.62-4.25 Ave.= 3.27 II. Job Responsibilities A. City/Staff Management - 30% Range 2.9-4.13 Ave.= 3.33 B. Council Relations - 20% Range 2.77-3.5 Ave.= 3.01 C. Community Relations - 15% Range 2.9-3.7 Ave.= 3.11 III. Goals and Objectives - 20% A. Cap. Improvement Program Range 2-4 Ave.= 2.82 B. Comp. Worth Range 2-4 Ave.=3 C. Waste Management Range 2-5 Ave.=2.76 D. Budget Process Range 3-5 Ave.=3.4 Cumulative Weighted Score Range 2.79-3.83 Ave.=3.15 IV. Summary Comments A. Major Strengths Fiscal Responsibility Budget prep., fiscal management, willingness and ability to adapt to changing conditions, openess with anyone, ability to learn from mistakes, committed to self-improvement. Honest, hard-working, fiscally conservative Ability to manage a multitude of details. Maintains composure; friendly, accessible Processes data well, offers thoughtful suggestions. B. Areas of Improvement Lacking follow-through on requests; need responses to informational requests in a more timely manner. Need periodic info. on problems, issues, goals, strategies, etc. as adopted or proposed by city agencies. Communication, whether real or perceived, needs to be improved. Provide more planning and updating of progess on a regular basis. C. Other comments Positive: moving from reactionary to proactionary mode. Some strain in council communications. No woman dept. head. Like to see more innovation and discussion. Manager seems more reactive than proactive.