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HomeMy WebLinkAboutCity Council - 12/01/1987TUESDAY, DECEMBER 1, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: SPECIAL MEETING EDEN PRAIRIE CITY COUNCIL 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 W. Dawson, Director of Human Resources & Services Natalie Swaggert, and Recording Secretary Sue Anderson ROLL CALL I. CALL MEETING TO ORDER II. REPORT ON COMPARABLE WORTH III. ADJOURNMENT. TUESDAY, DECEMBER 1, 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 RESOLUTION PROCLAIMING FEBRUARY 1988 AS "EDEN PRAIRIE LOVES ITS KIDS MONTH" Page 3025 (Resolution No. 87-322) I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special City Council meeting held Tuesday, November 3 1987 Page 3026 B. Regular City Council meeting held Tuesday, November 3 1987 Page 3031 City Council Agenda - 2 - Tues.,December 1, 1987 III. CONSENT CALENDAR A. Approval of Human Rights & Services Commission recommendation for Page 3047 Senior Community Services request Authorize permit application for connection to MWCC Sanitary Page 3048 Sewer Interceptor for Fountain Place Apartments -TRisolution No. 87-319) C. Authorize execution of Department of Natural Resources License to Page 3049 cross public waters for Fountain Place Apartments (Resolution T177320) D. Change Order No. 1, Homeward Hills Road I.C. 52-033A Page 3050 E. Change Order No. 1, Hidden Glen 3rd Addition I.C. 52-102 Page 3052 F. Approval of License Agreement with Chicago and Northwestern Transportation Company for construction and maintenance of a 15-Inch watermain crossing railroad property on Valley View Road G. Resolution declaring costs to be assessed and ordering preparation Page 3057 of supplemental 9 IS-TO-if-Assessment RoTrand setting hearing date for December 15 1987 (Resolution No. 87-314) H. Final Plat Approval for Fountain Place Apartments (located north Page 3059 of Columbine Road and west of TH IT Resoluton No. 87-315 I. Authorize preparation of a feasibility study for drainage Page 3062 Improvements on Hamilton Road I.C. 52-131 (Resolution No 87-317) J. Terex Loader "buy-back" Page 3065 K. Receive 100% Petition for Utility Improvements for Legion Park Page 3066 Addition & Authorize Preparation of Plans and Specifications, I.C. 52-133 (Resolution No. 87-321) IV. PUBLIC HEARINGS A. EASEMENT VACATION 87-10 VACATING DRAINAGE AND UTILITY EASEMENTS °MMUS 1, 2 AND 4, BLOCK 1, RAVEN RIDGE 3 711FiTition No. 87- ---- B. ROGER'S BODY SHOP by Roger L. Lindeman. Request for Zoning Distrtict Change from Rural to 1-2 on 1.68 acres with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 1.91 acres into one lot and road right-of-way for construction of an auto body shop. Location: Highway #169 across from the Hennepin County Vocational Technical School. (Ordinance No. 44-87 - Rezoning; Resolution No. 87-249 - Preliminary Plat) Continued from September 15 and October 6, 1987 C. SHADY OAK RIDGE 2ND ADDITION by Joe Ruzic. Request for Zoning District Change from Rural to R1-13.5 on 0.19 acres, Zoning District Amendment within the R1-13.5 District on 2.88 acres and Preliminary Plat of 3.08 acres into 4 single family lots. Location: West of Old Shady Oak Road, north of Rowland Road. (Ordinance No. 59-87 - Rezoning and Zoning District Amendment; Resolution No. 87-292 - Preliminary Plat) Page 3068 Page 2264 F 3069 Page 3088 City Council Agenda - 3 - Tues.,December 1, 1987 Page 3094 D. JENKIN'S ADDITION by John Jenkins. Request for Zoning District Change to R1-13.5 on 5.61 acres, and Preliminary Plat of 5.61 acres into 2 lots and one outlot. Location: North of Research Road, south of Ridgewood West. (Ordinance No. 60-87 - Rezoning; Resolution No. 87-312 - Preliminary Plat) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment of member to Southwest Metro Transit Commission (continued from November 1171 798E7) X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Set Special City Council meeting to discuss Residents Advisory Committee on City Administrative Offices Final Report 2. Public Safety Department Changes 3. City Manager Salary Review 4. Per Diem for Councilmembers 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 3101 Page 3108 Page 3112 Page 3113 TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL NATALIE SWAGGERT DIRECTOR HUMAN RESOURCES/SERVICES DECEMBER 1, 1987 COMPARABLE WORTH STUDY RESULTS On December 1, 1987, I will be presenting the results of Eden Prairie's Comparable Worth Study, including the Pay Equity analysis and recommendations. I have arranged to have John Coskey, our consultant from Arthur Young, attend the meeting. He will present the Pay Equity Report which he prepared for Eden Prairie. I am pleased to be able to report that the overall results indicate only minor pay inequities in most cases. The under-paid positions are comprised of both female and male incumbents. The total cost for pay equity adjustments is just over 1% of payroll. As has been common in the results of other cities we have job classifications that appear to be overpaid; specifically in the Public Works maintenance area and in the sworn officer positions in Public Safety. Several recommendations have been developed to handle these situations. In recognition of the extended time frame that was needed to complete the study, I will be providing each of you with a detailed Comparable Worth Study Report. The report will be delivered to you on Monday, November 30. The report includes a copy of the State statute, an overview of the job evaluation process used, the evaluation results, the pay equity analysis, and a summary of the recommendations needed to bring parity to our salary structure. RESOLUTION NO. 87-322 CITY OF EDEN PRAIRIE RESOLUTION PROCLAIMING FEBRUARY, 1988 AS 'EDEN PRAIRIE LOVES ITS KIDS' MONTH I, Mayor Gary Peterson, of the City of Eden Prairie. Minnesota, do hereby officially declare and proclaim the month of February, 1988 as 'Eden Prairie Loves Its Kids" month (or 'Eden Prairie 0 Its Kids" month). It is to commence on February 1st, and end February 29, 1988. I hereby proclaim that: The month of February, 1988, be dedicated to all of our kids in the City of Eden Prairie ... from the newborn infants born, or kids adopted, this very day to Eden Prairie couples, the toddlers, preschoolers, nursery school kids, kindergarten kids, elementary kids, kids in junior high at Central Middle school, students at Eden Prairie High School, all private schools, and out of school youth. I hereby proclaim and encourage every resident, every parent, every church, every school, every community club and organization, every employer and business establishment In Eden Prairie, to take an active part in "Eden Prairie Loves Its Kids" month. I hereby encourage everyone in our City of Eden Prairie to join our hearts together in a 100% community effort and team support to show our kids how much they are loved and appreciated. Our goal will be an honest effort to try and raise self-esteem, and hopefully, we will be able to reach the kids in our city who have had far too many "hurts and struggles" in their young lives. Also, I proclaim that the kids who are achieving success be highly complimented, and be given special recognition for their accomplishments during the month of February. I hereby encourage every citizen of Eden Prairie to report any suspicions of child abuse or neglect, the selling of alcoholic beverages to minors by any local liquor establishment, or the dealing of drugs in our city, or the selling of drugs by anyone to our kids, to please report your suspicions to the Eden Prairie Public Safety Department (Tee. No.: 937-2700). They are always willing to check it out, and proceed from there with appropriate action, if necessary. I hereby proclaim that no monetary rewards or gifts be given to our kids in conjunction with "Eden Prairie Loves Its Kids" month, other than the cost of sponsoring a meal, contest, or activity in appreciation of our kids. I proclaim that the gifts of love and feelings flow freely during this special month, such as hugs, smiles, pats on the back, or loving words of expression and encouragement, etc. I hereby encourage everyone in Eden Prairie to become actively involved in a community-wide effort of all the people of our City. We may not be the only city in America dealing with struggling, hurting, and acting out kids, but let it be recognized that we the people of Eden Prairie, Minnesota, U.S.A. will be trying very hard to help some of our kids, instead of sitting back in shock and amazement, and that February, 1988, will become known in our City as 'Eden Prairie Loves Its Kids" month, and hopefully, some of the ideas, etc. from February, will continue into the future years. For further information on organizing activities for the month of February, please call Dottie Ewert at 937-2923. ADOPTED by the Eden Prairie City Council this 1st day of December, 1987. Mayor Gary D. Peterson SEAL John D. Frame, City Clerk UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL CITY COUNCIL 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 Jullie, Assistant to the City Manager Craig Dawson, and Recording Secretary Jodi Miller TUESDAY, NOVEMBER 3, 1987 COUNCIL MEMBERS: ROLL CALL: All members were present. I. CALL MEETING TO ORDER Mayor Peterson called the meeting to order. Harris complimented Assistant City Manager Dawson on the excellent memo he had prepared for the Council regarding waste management. DISCUSSION ON WASTE MANAGEMENT Assistant City Manager Dawson summarized his memo of October 29th regarding waste management stating his memo focused on the City's role in solid waste management. He said the Metropolitan Council had adopted a three phase approach which called for counties preparing policy plans and cities achieving 16% recycling through source separation. Cities questioned the success of source separation and Assistant City Manager Dawson identified, in his memo, several issues and alternatives relating to source separation and an analysis of likely response to those issues from other government agencies. He stated that the waste management legislation changes every year, therefore, it has become very confusing as to what the actual intent and impact of the legislation is. Mayor Peterson asked Assistant City Manager Dawson to elaborate on "How to Direct Waste to a Facility", Page 2750D. Dawson replied that the City had been reluctant to contract with a hauler or group of haulers in the past because it was then acting within a private enterprise market. He questioned if the city, acting through a regulatory act, would be within anti-trust restraints. He stated this would require further legal analysis. Harris asked Dawson how St. Louis Park is having such success with their recycling program and how they are , City Council Minutes 2 November 3, 1987 handling apartments. Dawson stated their recycling program is five to six years old so the residents are in the habit of separating their recyclables. The City also provided three separate containers for separation of wastes which makes it easy for the residents (samples of which are in his office). Dawson said St. Louis Park also has several yard waste programs and that is a significant portion of their program. Regarding apartment buildings, Dawson felt some of the buildings had a storage room available for use and/or recyclable waste was put in plastic bags by the dumpsters on designated days. Harris inquired whether there was any new information on the Hennepin County Resolution on source separation. Assistant City Manager Dawson stated he was not aware of any changes in the resolution but that it would probably be considered by the Metropolitan Council for redrafting next year. Harris inquired as to the sentiments of the Metropolitan Council. City Manager Jullie said he had had only informal discussion regarding this, but with the new Chairman of the Council, he fel it had changed its stand and was supportive of mechanical separation. Dawson stated Eden Prairie has asked for some flexibility in the recycling system to reflect what was best for the individual cities. Anderson asked City Manager Jullie if this City Council should go on record asking for mechanical separation since it has the plant to accomplish this. Anderson stated that since Eden Prairie has the opportunity to do mechanical separation, should the Council ask the County Commissioners for their help and support as this system is a good alternative and will work wcll in Eden Prairie. Mayor Peterson said extraction of recyclables is the issue prior to mechanical separation. He stated there were a number of questions including: 1) How do you designate flow of waste? 2) What will happen to recyclable material in the next one to five years? 3) What contractural relationship can the City enter into? He said the list of questions gets longer and longer and these issues must be resolved first. Anderson questioned why we should investigate further if the answer to mechanical separation is no. Mayor Peterson stated while that was true, it was improbable any agency would say no to mechanical separation once it was demonstrated to be a workable solution. Pidcock said that the Council must keep in mind that at the City Council Minutes 3 November 3, 1987 last Metropolitan Council hearing the comment was made that Eden Prairie was doing nothing for recycling and the Metropolitan Council questioned why. Harris said she felt it was worthwhile to pursue acceptable Options available. She said there were many questions relating to this issue and that one does not preclude the other. Bentley asked about the market for recyclables and whether or not it was a problem for source separation. He also said he was in strong disagreement with the attitude of other levels of government proposing to modify behavior and he felt that was beyond the roll of government. He said government may impose sanctions to force people to do something but source separation should not be it. He also wondered where the 16% ' figure originated from. Assistant City Manager Dawson said studies had been done by consultants for Hennepin County and the Metropolitan Council which suggested 14% - 18% recycling could realistically be attained through an aggressive, successful program. Bentley said he felt the Council should proceed on the basis that Eden Prairie will use the Reuter facility as a recycling facility and mount a campaign to both residents and other levels of government that shows the wisdom of utilizing mechanical separation. However, he also feels the Council should have a contingency plan available. This creates the question of how to handle haulers taking the refuse to the designated facility. Assistant City Manager Dawson said more legal advice would be needed on that issue. City Manager Jullie said that given the Reuter facility is there, he thinks its only natural that the waste generated in the sourrounding area should go to that facility. He stated a backup plan was necessary and that Woodlake and BFI Sanitation expressed an interest in talking with the City and he suspected they may propose a curbside program. He also said Eden Prairie needed to keep its options open. MOTION: Anderson moved, seconded by Harris that the City of Eden Prairie pursue alternatives employing mechanical separation of recyclables, explore ways the City may direct its waste to the Reuter facility, influence policies or legislation to expand definitions of what is recognized as recycling, and provide more recycling opportunities focusing first on residential generators before moving to business generators. Bentley said the Staff had recommended more legal investigation/analysis and that he felt an alternative plan to source separation must be laid out as a plan to fall back on. City Council Minutes 4 November 3, 1987 Mayor Peterson then clarified the motion on the table and stated that the Metropolitan Council, )rot Hennepin County, would be the major problem. Anderson asked who gave credit for proper waste management, the Metropolitan Council or Hennepin County. Assistant City Manager Dawson stated credit came mainly from the Metropolitan Council, however, Hennepin County does have some grants available for source separation. He further stated that mechanical separation would not qualify for grant reimbursement. Harris said the Staff recommendations addressed the options and their investigation determined the best direction for the City. Therefore, the Council should feel comfortable pursuing the staff recommendations. Mr. Doug Reuter, Reuter, Inc., commented with respect to the resolution adopted by Hennepin County stating it was more than they had hoped for. He said the most significant part of it was included in the last paragraph which stated the waste master plan should be modified to include recycling by mechanical separation. He said it was important because it was in violation of the Waste Management Act, yet seven people knew this and voted for it anyway. This vote sends a clear message to the Metropolitan Council that the County Board saw it would be difficult to accomplish the waste management goals without including mechanical separation. City Manager Jullie asked what would happen to Reuter, Inc. If 16% source separation was accomplished. Mr. Reuter said it would have an obvious financial affect on the firm because they would not have as much material. Bentley stated that the motion before the Council directed the Staff to proceed along lines of their recommendations. He asked Mr. Reuter if a separate resolution should be drafted by the staff which would be supportive of what the county action has been. Mr. Reuter stated that at this time he would not recommend a resolution of this type. He further stated that he felt Eden Prairie should go along with the Metropolitan Council plan and start a source separation program by January 1988. He said he was confident that the master guide will be changed to include mechanical separation in the future. Bentley spoke to the issue of the feasibility of putting a source separation program into place by January 1988 if the Metropolitan Council was going to turn around and change the plan. Mayor Peterson questioned what powers the Metropolitan Council has to mandate their policies. A discussion was also held on the compost issue and whether Reuter, Inc. had received the lab report results rating the City Council Meeting 5 November 3, 1987 burning of their pellets. Mr. Reuter stated the lab report was not yet available. Susan Varlamoff said she had spoken with both Nunn and Keefe and they had expressed concern that there was no source separation program in Eden Prairie. She also questioned whether landfill expansion could be a problem and said she felt the landfill expansion issue must be addressed. Bentley said the staff recommendation does address setting up a source separation program and if the motion is adopted the framework to establish such a program will be put together and ready to go in the near future. Assistant City Manager Dawson said the county ordinance requires a plan, not the actual program, in place by January, 1988. Harris asked if Eden Prairie is the only community not currently engaged in an active recycling program. Assistant City Manager Dawson said neither Bloomington, Minnetonka, nor Hopkins were actively engaged in recycling either. Anderson said much discussion had taken place and that the Council had originally allowed Reuter, Inc. to come to the community because that was a better alternative than landfill or a burn plant and that the Metropolitan Council should be notified of that. He said he felt behavior modification was important because Eden Prairie residents will not always live in this community. He feels behavior must be modified because of our society and existing conditions no longer allow for landfill. Consequently, recycling is needed. VOTE ON MOTION: Motion passed unanimously. Further discussion was held on whether or not the City had the authority to require biodegradable cartons be used rather than plastic and what could or couldn't be done about this on a local level. Discussion was also held on the recycling of paper. III. ADJOURNMENT The meeting adjourned at 7:14 PM. 3:3'31) UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 3, 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. Franc, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jodi Miller ROLL CALL: All members were present. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Jullie requested the Council add Final Plat Approval For Prairie View Center 2nd Addition Resolution No. 87-302 to the Consent Calendar as Item "0". He also requested the Council strike Item "N", Eden Prairie Auto Mall by Austin Companies, from the Consent Calendar. City Manager Jullie distributed a replacement copy of the Agreement Regarding Special Assessments relating to Item "F" on the Consent Calendar. Mayor Peterson amended the Agenda by adding the following two items under Reports of Council Members: 1) Completed City Manager's Review Forms 2) Appointment of Council Member to City Manager's Review Group Pidcock requested a discussion be held regarding the traffic situation at the intersection of Highway 169 and Anderson Lakes Parkway under Reports of Council Members. MOTION: Anderson moved, seconded by Harris to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. MINUTES A. City Council Meeting held Tuesday, October 6, 1987 The following change was made to Page 8, Paragraph 9, Item C, Sentence 1: change to read bikeway/hikeway. City Council Minutes 2 November 3, 1987 Pidcock questioned whether Bentley or Harris made the motion to approve the revised strategic plan schedule on Page 13, Paragraph 5. Mayor Peterson instructed the Recording Secretary review the original minutes on this. MOTION: Bentley moved, seconded by Anderson to approve the Minutes of the City Council Meeting held Tuesday, October 6, 1987 as published and amended. Motion carried unanimously. III. CONSENT CALENDAR Bentley questioned the meaning of item H, Page 2, Subd. 4. City Attorney Pauly stated that the wording of this was prepared in accordance with state law. It provides anyone wanting to be informed of Special City Council Meetings to have that right by informing the City of their desire to be notified. The City would then contact these people in the event of a Special City Council Meeting. City Attorney Pauly noted a correction on Page 2795, Subd. 2, Sentence 3. Sentence should read Sec. 2.07, Subd. 4. A. Clerk's License List B. 2nd Reading of Ordinance No. 53-87, Requiring Filing of Financial Statements by Candidates and Committees C. Final Plat Approval for Cardinal Ridge 2nd Addition. Located east of Baker Road and west of 1-494 (Resolution No. 87-293) D. Final Plat Approval for The Ridge 2nd Addition. Located north of T.H. 5 and east of proposed Dell Road extension (Resolution No. 87-294) E. Final Plat Approval for American Family Addition. Located south of Blue Circle Drive, West of County Road 18 in the Opus II Business Park (Resolution No. 87-295) F. Approval of Special Assessment Agreement for Byant Pointe G. Approval of Special Assessment Agreement for Prairie Bluff H. 1st Reading of Ordinance No. 55-87, amending Chapter 2 of the City Code relating to the posting of a schedule of the regular meetings of the Council and special and emergency meetings. I. American Family Insurance by Opus Corporation. 2nd Reading of Ordinance No. 51-87-PUD-13-87, Rezoning from City Council Minutes 3 November 3, 1987 Rural to office; Approval of Developer's Agreement for American Family Insurance Phase III; and adoption of Resolution No. 87-297, Authorizing summary of Ordinance No. 51-87-PUD-13-87, and Ordering publication of Said Summary. Location: North of CSAH 62, south of Yellow Circle Drive. (Ordinance & PUD District Review 51-87-PUD-13-87; Resolution No. 87-297 Authorizing Summary and Publication). J. Approval of Purchase of Storage Cabinets for Community Center K. Resolution No. 87-300 approving the Public Auction of Tax Forfeited Lands L. Resolution No. 87-296 approving plans and specifications for the Red Rock Interceptor submitted by the Metropolitan Waste Control Commission M. Partial Payment for Grading Work at Homeward Hills Park, Willow Park, and Eden Lake Park O. Final Plat Approval for Prairie View Center 2nd Addition Resolution 87-302 MOTION: Anderson moved, seconded by Harris to approve Items A - 0, excluding Item N on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Marriott Courtyard by Marriott Corporation. Request for Planned Unit Development Concept Amendment on 109.68 acres, Planned Unit Development District Review on 109.68 acres, with variances, Zoning District Change from C-Regional to C-Regional-Service on 4.2 acres, and Preliminary Plat of 13.94 acres into three lots for construction of a 149 room hotel. Location: East of Highway #169, north of 1-494, west of Prairie Center Drive, South of Viking Drive. (Resolution No. 87-298 - PUD Concept Amendment to Overall Southwest Crossing PUB; Ordinance No. 54-87-PUD-14-87 - PUD District Review and Rezoning; Resolution No. 87-299 - Preliminary Plat). City Manager Jullie stated notice of this Public Hearing was published in the Eden Prairie News on October 21, 1987 and the eight surrounding property owners were notified. Dale Beckman, representing the proponent, presented a summary of the proposed project plans calling for a 149 unit, three story hotel. Also included would be an 89 seat restaurant, small lounge area and several meeting .2, City Council Minutes 4 November 3, 1987 rooms. Beckman stated the Marriott Courtyard is designed for the business traveler and provides a home or club type atmosphere. Specific areas addressed were: the parking lot, road access, exterior materials, and signage. Director of Planning Chris Enger reported the proponent had met to review the revised project plans with the Planning Commission on October 13th and 26th. Enger stated the Planning Commission had requested additional plans from Marriott Corporation regarding: storm water run-off plans, utility and erosion control plans; notification of grading; detailed lighting plans; detailed signage plans; samples of exterior building materials; and a design framework manual. Director of Planning Enger reported Marriott had supplied the Planning Commission with all requested materials/ information and that the Planning Commission recommended City Council approval of the project. Anderson asked what the roofing material would be. Beckman said an asphalt shingle would be used to further create the home type atmosphere. Director of Planning Enger said this isn't a standard material used on commercial buildings, however, more and more residential materials are being used in commercial development. He stated the life expectancy of the materials was approximately 20 years, comparable to a metal or pitch and gravel roof. Bentley asked if Marriott was considering doing more than a low level hotel, such as a convention hotel, and what would encourage a full service, convention hotel. Mr. Bill Ridgeway, representing Marriott Corporation, said he worked only with the Courtyard Hotels and not convention hotels, but in his opinion he felt a strong immediate support retail shopping center as well as heavy concentration of office buildings and accessibility and exposure to several major hotels would be necessary to warrant a full service, convention hotel. Pidcock asked when the feasibility study for this project had been completed. Ridgeway stated it had been done two years ago and updated within the last six months. Pidcock also inquired as to what the room charges would be. Ridgeway stated Marriott would probably charge in the high $50's with a possible reduced weekend rate of $48. There were no comments from the audience. City Council Minutes 5 November 3, 1987 MOTION: Bentley moved, seconded by Pidcock to close the Public Hearing on this matter. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock to adopt Resolution No. 87-298 for PUD Concept Amendment. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock to approve 1st Reading of Ordinance No. 54-87-PUD-14-87 for PUD District Review and Rezoning. Motion carried Unanimously. MOTION: Bentley moved, seconded by Pidcock to adopt Resolution No. 87-299 approving the Preliminary Plat. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock to direct staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Motion carried unanimously. V. PAYMENT OF CLAIMS NO. 38268 - 38525 Pidcock asked who was acting as purchasing agent or how all the purchases were being coordinated. She requested a memo from the Staff outlining the purchasing function to ensure no duplications were being made. MOTION: Pidcock moved, seconded by Bentley to approve the payment of Claims Nos. 38268 - 38525. Roll call vote: Anderson, Bentley, Harris, Pidcock, and Peterson voted "aye". Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Ryan Construction Company on behalf of Jerry's Super Valu. City Manager Jullie stated that Jerry's Super Valu has requested City Council approval to remain open for business on a 24 hour, seven day a week basis. Jullie stated this was in conflict with the Development Agreement signed by Ryan Construction Company in 1979 which prohibited operations between 11:00 PM and 6:00 AM. However, the agreement did provide for Jerry's to request the Council modify and extend its hours of City Council Minutes 6 November 3, 1987 operation if other stores similar in nature and located within a three mile radius from the property came into existence an were open for business between the hours of 11:00 PM and 6:00 AM. City Manager Jullie stated that Ryan Construction Company had met with the area residents and that a letter addressing their concerns had been distributed to the Council members at this meeting. He said it appeared the pathway leading to Jerry's was a major concern. The proponent was represented by Bill McHale and Wendy Madsen of Ryan Construction Company and Steve Summers and Bob Shadduck of Jerry's Super Valu. Mr. McHale stated that the pathway was not on Jerry's property and therefore maintenance/policing of it was out of their control. Consequently, accountability was now the crucial issue. He further stated that until recently they did not know Jerry's owned property on both sides of the fence. Ms. Madsen reviewed the letter submitted by Ryan Construction Company item by item and their proposal to alleviate the concerns of the surrounding residents. She elaborated on Item 1. D. stating that either an employee of Supplee's or Jerry's would monitor both sides of the fence in question, picking up any trash. Pidcock asked what time the monitoring would be done. Ms. Madsen said an employee wnuld monitor between the hours of 9:00 - 12:00 AM aid between the hours of 3:00 - 6:00 PM. Bentley inquired as to who was responsible for the pathway; the City, the Preserve Homeowners Association, or the Park District. Harris asked where the trash was most concentrated. Madsen stated the trash was heaviest around the path but that it was also located in the residents' backyards. Harris then inquired if the path was closed would Jerry's still police the area and pick up trash. Madsen stated they would. Pidcock asked why Jerry's did not know their property ran on both sides of the fence. Mr. McHale said there were two leases, one with Supplee's and one with Super Valu and that it had just gotten lost between the two; there was no good reason for it, but it would be taken care of now. Anderson asked whose problem the pathway actually was and inquired as to whether it wasn't actually a separate issue from the one of 24 hour operation of Jerry's. Director of Community Services Lambert said the trail had been required by the City, however, it is a Preserve trail. Anderson asked if the grade and rise of the trail meet City requirements. Lambert stated the City Council Minutes 7 November 3, 1987 design of and the actual trail itself do not meet City standards. Anderson asked if the trail could be improved. Lambert stated that these problems are typical when a trail is located between two homes, but that some redesign using fencing/shrubbery could be done. Pidcock asked about the City's liability in regard to the pathway. City Attorney Pauly explained that there could be some liability on Eden Prairie's part due to the design and maintenance of the pathway. Bentley asked what the residents' liability would be if an injury occurred off the path, but due to the path. City Attorney Pauly said there would be a low degree of resident liability due to the rights of trespassers in this type of situation. Mayor Peterson asked who constructed and maintained the path. Lambert stated the Preserve Association built it upon City requirement and maintained it. Mayor Peterson asked the residents present whether or not they had received a copy of the letter submitted from Ryan Construction of October 30th addressing their concerns. They stated they had. Bentley said he felt the pathway issue existed regardless of the hours of operation of Jerry's Super Valu and that the pathway problems were not connected to the request by Jerry's to remain open for business on a 24 hour basis. He recommended referring the path problem to the Park and Recreation Commission for its recommendation. Mayor Peterson stated that there were two issues to be discussed. The pathway and Jerry's request for 24 hour operation. Comments from the audience would first be heard regarding the pathway. Bob Humphreys, 9365 Garrison Way, said his house was right next to the path. He distributed pictures and stated that the landscaping did not deter the sight of the fence. He also said that kids played with the trash can located at the end of the pathway and that sections of the fence were missing. He said it was a challenge to walk on in the winter and had become a significant nuisance due to the noise and traffic, stating up to 150 people use the path daily. Liability is a major concern due to kids using the path to skateboard and ride mopeds. He suggested the path be redirected to the other side of the shopping center. City Council Minutes 8 November 3, 1987 Bentley commented that he earlier stated he felt the pathway was a separate issue than the one before the Council of 24 hour operation for Jerry's Super Valu and that he had hoped to preclude a long discussion on the pathway issue. He also stated he would not take action on this issue until the Park and Recreation Commission and Staff had a chance to meet with the Preserve Homeowners Association about it. Mayor Peterson said that the residents seemed to be concerned about both issues and that due to the light agenda the people present should be given the opportunity to air their views. Anderson stated he agreed with Bentley and that while the residents should certainly be heard, no action could be taken on the pathway problem at this meeting. Larry Paumen, 9712 Clark Circle said he felt if Jerry's were open on a 24 hour basis, the path would be too. The residents would have to put up with the problems on a 24 hour basis. He said he is on his second hedge, the kids were destroying it and the fence. He feels the kids hanging out in the area are an invasion of his privacy. He stated that the fence is only eight feet high and that he had a clear sight of Jerry's trash compactor, loading dock and parking lot. He felt most of the problems had developed in the last two years. MOTION: Bentley moved, seconded by Anderson to defer this item to the Staff and the Park and Recreation Commission to complete a thorough and comprehensive review of the necessity for the path in question and what can be done to mitigate the problems in relation to the path. Motion passed unanimously. Anderson stated he felt the path started out as being good but that the neighborhood kids had grown up and that the trail was not the problem but the people using It were. He did state that if Mopeds were being driven on the path that was a violation of City Ordinance. Mayor Peterson stated the Council would now hear comments regarding the 24 hour operation of Jerry's Super Valu. Keith Walters, 9682 Clark Circle, presented the Council with pictures of the back of Jerry's Super Valu and the back of Driskill's Super Valu noting the lack of land- City Council Minutes 9 November 3, 1987 scaping behind Jerry's. He also stated the residents didn't want to hear what Jerry's will do to correct the problems one day before the Council meeting when they should have been doing it all along. He stated the more than adequate landscaping behind Driskill's separated that store from a church and one residence. He also presented the Council with a notice Jerry's had distributed to its customers in September which stated the store was changing to a New Market operation and would remain open on a 24 hour basis. He also talked about night deliveries and said Ryan Construction had not addressed the lighting problem. Bentley asked Mr. Walters if he had received the October 30th letter from Ryan Construction which stated their committment to no trash pick up or deliveries being made between 11:00 PM and 6:00 AM. Mr. Walters stated he had, however, Jerry's should have been operating that way all along. Mr. McHale reported a lighting contractor had been retained to check out the lighting. Mayor Peterson stated the hedge behind Driskill's was on church property and was there prior to Driskill's. Paula King, 9672 Clark Circle, said she felt the most important item, the security, safety and protection, of the residents was what needed to be discussed and she was disturbed it had not been. She reported there were three open areas in the fence and that it was also easy to jump over thereby providing easy access to the neighborhood. She felt the residents would end up monitoring and enforcing the area as she did not feel Jerry's personnel would. She also said the police had been called often in the past regarding the problems in this area and mentioned the recent rape in the Preserve as warranting her concerns about safety. Bentley stated safety of residents was a concern of his and asked the Proponent why they had not addressed the security/ security guard issue. Pidcock asked City Manager Jullie to check into how many police calls were reported from the Jerry's location. City Manager Jullie said he would do this but that not all calls are documented so it would be somewhat difficult. Harris inquired as to the economic feasibility of a 24 hour operation. Mr. McHale said that sales were down due to Rainbow being open 24 hours and that Super Valu felt being open 24 hours was economically feasible. He also stated that security guards were paid about $6.00 per hour and he felt you got what you paid for. He also said the store manager and stock boys were City Council Minutes 10 November 3, 1987 responsible for monitoring the area because there was not a continuous need for a security guard. Bentley stated he felt the employees would not police the area properly due to peer pressure, etc. Pidcock commented that Driskill's had been open 24 hours but they found it not economically feasible and now closed at night. Steve Summers of Super Valu addressed this stating that Driskill's closed to save costs but Jerry's Super Valu was taking a more aggressive stand to meet the competition. He also noted a SuperAmerica, containing a bakery and deli, had recently opened on a 24 hour basis in the area. Mr. Summer said a lot of issues had been raised recently that he was not previously aware of and that measures had been taken to correct the late night and early morning pickups and deliveries. He explained that the handout given to customers in September had been copied from another store and that it had not been proofed properly, hence the statement regarding 24 hour operation had been included on it. Harris again asked why 24 hour operation was essential and whether or not it was economically feasible. Summers stated bakery and cleaning personnel were already at the store during the night so they had many of the overhead costs whether the store was open or not. Harris noted she had not seen sufficient demand for a 24 hour operation at other area stores. Bentley noted a historical fact of why the original request for 24 hour operation had been denied in 1979 stating that at that time the trend was for 24 hour operations to cease doing business on a 24 hour basis, but that the trend may be reversing itself now. Pidcock questioned whether other stores open 24 hours had any extra police calls/problems. Mr. Shadduck stated he had no experience with any of the New Markets using security guards as the store managers were responsible for dealing with all on-site problems. He also said they had a good working relationship with local police in all the areas of their 24 hour operations. John King, 9672 Clark Circle, stated that all the problems were related to an inadequate barrier and that no other 24 hour business was located as close to a residential area as this one. He felt it was hard to believe it was economically feasible and that residents' property values should not go down just so a business can operate on a 24 hour basis. )-f City Council Minutes 11 November 3, 1987 Mr. McHale stated a study had been done on the condition of the fence. Anchor posts would be resecured and the boards would be checked and refastened yearly. He also felt the purpose of the fence was to provide a screen, not totally obliterate sight of the building. Joyce Pauman, 9712 Clark Circle, questioned the type of people that shop in the middle of the night and said she was concerned about security because of this. Charles Sabathne, 9652 Clark Circle, said he felt Ryan Construction Company and Jerry's Super Valu were acting in good faith, however, historically they had shown they were less than reliable in doing so. He said it would be hard to take back the 24 hour operation approval once it was given should further problems/ developments occur. Bentley asked if the approval was unfettered would the Council have the ability to bring the issue back before them at any time for reconsideration. City Attorney Pauly stated the Council would not have this right without the agreement of the owner. Bentley stated an agreement should be contingent upon an agreement between the Staff and Ryan Construction. City Attorney Pauly stated an amendment to this would have to be added to the agreement. MOTION: Pidcock moved, seconded by Harris to continue this item until further information requested regarding police calls is available. Mayor Peterson called for an amendment to the motion clarifying the contingency of approval. Discussion followed regarding the fairness of this continuance to the Proponent. VOTE ON THE AMENDMENT: Amendment carried unanimously. VOTE ON THE MOTION: Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS Mayor Peterson recommended the appointment of Thomas W. Howden to fill the vacancy on the Historical and Cultural Commission. His term would expire February 28, 1989. City Council Minutes 12 November 3, 1987 MOTION: Pidcock moved, seconded by Anderson to appoint Thomas W. Howden to the Historical and Cultural Commission to fill an unexpired term to February 28, 1989. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Reports of Council Members 1. City Manager's Review Forms Mayor Peterson requested the completed forms from the Council Members regarding the City Manager's review. Harris and Pidcock stated they had had difficulty completing various sections of the form. Discussion was held on whether or not there was a self evaluation mechanism in place. Mayor Peterson acknowledged the various difficulties Council members may have had in completing the form, but stated he felt their perceptions were important to note. He agreed to explore modified use of the form in the future and told the Council Members to feel free not to answer any questions they had problems with. Mayor Peterson then requested all Council Members turn their forms into him as soon as possible. 2. Appointment of Council Member to Manager's Review Committee MOTION: Harris moved, seconded by Pidcock to nominate Anderson to the Manager's Review Committee. Motion carried unanimously. 3. Intersection of Anderson Lakes Parkway and Highway #169 Pidcock stated she had received numerous calls regarding the east and west right hand lanes on Anderson Lakes Parkway at the intersection of Highway #169. Traffic traveling straight across the intersection and traffic turning right onto Highway #169 all use the same lane causing quite a bit of congestion. Director of Public Works Dietz stated this intersection would be included in the Highway #169 improvement project for which bids will open in the fall of 1988. He said signage had been ordered to try and help alleviate the problem but the Department will take another look at it. ‘;'• City Council Minutes 13 November 3, 1987 B. Report of City Manager 1. Award of Contract for Fire Station Construction City Manager Jullie recommended that the City Council authorize the Mayor and City Manager to executive a contract with Watson-Forsberg Company in the amount of $1,353,450 for construction and remodeling of fire stations in accordance with the plans and specifications and bids submitted for the work. He also recommended that the City Council authorize issuance of up to $300,000 in fire equipment certificates. MOTION: Anderson moved, seconded by Harris to authorize the Mayor and City Manager to execute a contract with Watson-Forsberg Company in the amount of $1,353,450 for construction and remodeling of fire stations in accordance with the plans and specifications and bids submitted for the work. Motion carried unanimously. MOTION: Anderson moved, seconded by Harris to authorize issuaw:e of up to $300,000 in fire equipment certificates. Motion carried with Pidcock abstaining. 2. City Manager Jullie stated the City Hall Review Commission would be having a social gathering on November 24th at Edenvale Clubhouse beginning at 5:30 PM. C. Report of City Attorney City Attorney Pauly requested the Council meet in a closed session following this meeting to discuss landfill litigation and possible contests. D. Report of Director of Planning There was no report. E. Report of the Director of Community Services 1. Edenvale Trail (EAW) continued from 10/21/87 Director of Community Services Lambert stated several new reports had been presented to the Council regarding the environmental impact of this project. City Attorney Pauly concluded that an EAW covering City Council Minutes 14 November 3, 1987 the entire Purgatory Creek floodplain and adjacent area is not required in connection with the proposed action. He stated that tonight's action would be to improve and because studies show no negative impact on the environment, no further reviews would be required. Attorney Charles Dayton, representing the area residents, spoke to this issue stating the main areas of concern were: 1) An EIS is necessary and appropriate because the residents feel the proposed trail segment will eventually become part of the entire Purgatory Creek Trail system. Consequently, a study of the entire system, not just this project, is warranted. 2) Better alternatives suggested by the residents have not been addressed by the Council. These alternatives would be to move the bridge further south and place the mowed trail on the southwest side of the creek. 3) The residents feel the environmental issues have not been properly addressed or assessed. Attorney Dayton requested a fuller environmental study of the project be completed and that further alternatives be assessed. Director of Planning Lambert addressed the issues raised by Mr. Dayton and stated the City has concluded this trail won't be connected to other portions of the Purgatory Creek trail program but rather that it will be an isolated section of trail. He said the nature of the study has always indicated a mowed grass trail on top of the interceptor line. The main reason for the trail is for transportation for residents for access to the neighborhood park. The trail will be flagged and marked during spring and summer so that ecologically sensitive areas are not disturbed. City Attorney Pauly said the findings do reflect the record despite Mr. Dayton's view that they don't. Mr. Dayton stated that it was obvious that portions of the trail could be connected by roadways so there was no question the long range intent was to make it part of the entire Purgatory Creek trail system. City Council Minutes 15 November 3, 1987 Director of Planning Lambert stated the Parks Commission recommends the City Council approve the EAW for a mowed trail as proposed. Mr. Dayton stated that a major concern of the residents was that the trail would be made bituminous in the future. James Cullen, 15381 Creekside Court, representing the resident group said the most significant issue was the addition of an eight foot wide bituminous trail in an ecologically sensitive area. He further stated he was not opposed to a mowed trail but if all were in agreement that it was an ecologically sensitive area why get hung up on injecting an eight foot bituminous trail. He feels this would invite active people use. He also questioned whether all reasonable alternatives have been studied. George Carlson, 16171 South Hillcrest Court, stated he was for the trail and he sees the advantages of having a walking path to observe nature, cross country ski, etc. He said half of the residents in the area were for the project and the principal opposition was from the Edenvale side. He said most of the homes the trail would pass were on the hill. He also said he was for a mowed trail but that a bituminous trail was not called for and that the trail should be blocked to vehicle traffic. Darlene Thoen, 15361 Creekside Court, stated the fire in the area last summer had been reported by her and regardless of reports, the fire had been caused by people. She said that if a trail were going to be put in, people management would be needed. Kathy Gruidl, 15520 Edgewood Court, stated not all homes were on the hill and that the proposed bridge would be in one of the resident's backyard. Bentley asked Director of Planning Lambert what specific action he was requesting this evening. Lambert stated that they were asking the Council to approve the negative findings of the EAW and authorize a mowed trail along the perimeter section with a bridge to the Hillcrest Court trail and to continue studying the feasibility of a woodchip trail around the marsh. MOTION: Bentley moved, seconded by Anderson to , City Council Minutes 16 November 3, 1987 approve the negative findings of the EAW and authorize a mowed trail on top of the interceptor line along the perimeter section with a bridge connecting to the Hillcrest Court trail and to continue studying the feasibility of a woodchip trail around the marsh. Mayor Peterson requested the minutes of the August 5, 1987 City Council Meeting be incorporated as part of the record of these proceedings. Lambert stated the mowed section would not become bituminous without resident petition. If the residents should petition for this, a determination by the City Council would be necessary at that time. Bentley stated that the case has clearly been made that the trail will cause no significant environmental impact and that a transportation trail is needed to serve the community as a whole, therefore this trail is important. VOTE ON THE MOTION: Motion passed unanimously. F. Report of the Director of Public Works There was no report. XI. NEW BUSINESS There was no New Business. XII. ADJOURNMENT The Council adjourned at 11:00 PM to a closed session with City Attorney Pauly to discuss items in litigation. NATALIE J. SWAGGERT DIRECTOR HUMAN SERVICES/RESOURCES FROM: CONSENT CALENDAR TO: MAYOR AND COUNCIL DATE: NOVEMBER 18, 1987 SUBJECT: FUNDING REQUEST The Human Rights and Services Commission recently met with a representative of the Senior Community Services-Outreach program to review their request for funding in 1988. The Commission was impressed with the organizations presentation and with the level of service already being delivered to seniors in Eden Prairie. Senior Outreach provides help to seniors in the form of needs assessment, helping seniors locate and tie into services such as Homemaker, Meals-Ala-Car, and other in-home services as well as providing grief and adjustment counseling, support groups and education for caregivers of older adults. The services address an important and growing area of 'need in our community and are not duplicated by other organizations currently being funded. The Commission is recommending that the Senior Community Services request for $335.00 be approved and that the funds be made available through the 1988 Human Services $5000 evolving needs fund allocation. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-319 RESOLUTION AUTHORIZING PERMIT APPLICATION FOR FOUNTAIN PLACE APARTMENTS WHEREAS, the proposed sanitary sewer to be constructed for Fountain Place Apartments requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The City Engineer is hereby authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the Metropolitan Waste Control Commission. ADOPTED by the Eden Prairie City Council on December 1, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-320 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE DEPARTMENT OF NATURAL RESOURCES LICENSE TO CROSS PUBLIC WATERS WITH A SANITARY SEWER FOR FOUNTAIN PLACE APARTMENTS WHEREAS, the proposed sanitary sewer to be constructed for Fountain Place Apartments requires crossing of an area designated by the Minnesota Department of Natural Resources as protected waters; and WHEREAS, a license from the Department of Natural Resources is necessary to authorize this crossing. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: A. The Mayor and City Manager are hereby authorized and directed to submit an application for license to cross public waters and execute said license when processed. ADOPTED by the City Council on December 1, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CHANGE ORDER NO. 2 I.C. 52-033A HOMEWARD HILLS ROAD TO: Rice Lake Contracting The City proposes to make the following changes for work performed by this contract: NATURE OF CHANGES 1. An existing hydrant and gate valve needed to be raised to match the proposed boulevard grade. 2. An existing sanitary sewer service had to be insulated due to insufficient cover. 3. A retaining wall was built in order to save a 36" Oak. 4. Based on a recommendation from the soils firm, approximately 400 feet of Street needed two feet of material removed and replaced with granular material. Change Order No. 1 included the excavation and granular borrow quantities for this work. Items included in this change order are scarifing subgrade, installing perforated drain pipe and geotextile fabric (unit price covered under existing bid items). ADJUSTMENTS TO CONTRACT COSTS 1. Add the following quantities and costs to the contract: Foreman w/pickup 2 hours @ $38.50/hr. = $ 77.00 Laborers 2 hours @ $24.50/hr. $ 49.00 Materials • $ 230.43 Overhead and Profit (15%) • $ 53.46 TOTAL $ 409.89 2. Add the following quantities and costs to the contract: Foreman w/pickup 2 hours @ $38.50/hr. = $ 77.00 Materials = $ 142.46 Overhead and Profit (15%) = $ 32.92 TOTAL $ 252.38 3f->c) CHANGE ORDER NO. 2 Page 2 of 2 3. Add the following quantities and costs to the contract: Timber Retaining Wall 297 S.F. @ $7.50/SF = $ 2,227.50 Overhead and Profit (15%) = $ 334.12 TOTAL $ 2,561.62 4. Add the following quantities and costs to the contract: 0-7 Dozer w/Operator Bomag Compactor w/Operator 690 Backhoe w/Operator D-3 Dozer w/Operator Foreman w/Pickup Laborers Material Overhead and Profit (15%) Geotextile Fabric 6 hours @ $85.00 $ 2 hours @ $45.00 = $ 7 hours @ $85.00 = $ 2 hours @ $45.00 = $ 7 hours @ $38.50 = $ 13 hours @ $24.50 $ • $ • $ 16,000 SF @ $ 0.25/SF = $ 510.00 90.00 595.00 90.00 269.50 318.50 954.90 424.18 4,000.00 TOTAL SUMMARY OF CONTRACT ADJUSTMENTS Contract Amount Prior to this Change Order Net Increase Resulting from this Change Order Current Contract Amount Including this Change Order $ 7,252.08 $386,807.95 $ 10,475.97 $397,283.92 THE ABOVE CHANGES ARE APPROVED City of Eden Prairie City of Eden Prairie By By Date Date THE ABOVE CHANGES ARE ACCEPTED Rice Lake Contracting By Date 3(41 RECOMMENDED: by nitt1CDC No. 1910-8-B ((983 Ed ; APPROVED: rid:fit..., by ion) Owner CHANGE ORDER (Instructions on reverse side) No 1 PROJECT: OWNER: (Name, Address) Hidden Glen 3rd Addition City of Eden Prairie 7600 Executive Dr ive Eden Prairie, MN 55344 DATE OF ISSUANCE: November 25, 1987 CONTRACTOR: Nodland Construction Co., Inc •OWNER's Project No. IC 52-102 & if 52-129 P.O. Box 338 Alexandria, MN 56308 ENGINEER: Rieke Carroll Muller Assoc., Inc. 10901 Red Circle Dr ive CONTRACT FOR: Minnetonka, MN 55343 Waterma in and Street improvementsENGINEER's Project No Sanitary Sewer, Storm Sewer, 871013 You are directed to make the following changes in the Contract Documents. Description: Additional 1700 feet of street and waterma in, 1120 f e e t o f s a n i t a r y s e w e r and 500 feet of storm sewer on Tristram Way. See attached pr o p o s a l f o r m for Wyndham Crest I .0 . 52-129 Purpose of Change Order: 100% petition by property owner Attachments: (List documents supporting change) Construction plans an d s p e c i f i c a t i o n s b y R i e k e C a r r o l l Muller Assoc., inc. and proposal form for Wyndham Crest - I .C. 5 2 - 1 2 9 . CHANGE IN CONTRACT PRICE: Original Contract Price $ 793,512.00 CHANGE IN CONTRACT TIME: Original Contract Time I .C. 52-102 Substantial Completion - Aug. 31, 1987 Final Completion "1 0141.y 15, 1988 Previous Change Orders No --- to No Net change from previous Change Orders $ day. Contract Price prior to this Change Order $ 793,512.00 Contract Time Prior to this Change Order I.C. 52-129 Substantial Completion - Aug. 31, 1987 Final Completion 6"°'°°' July 15, 1988 Net Increase (decrease) of this Change Order $ 166,956.00 Net Increase (decrease) of this Change Order See Below n.y. Contract Price with all approved Change Orders 960,468.00 $ Contract Time with all approved Change Orders I .C. 52-102 (previous project) Subs. Con Aug. 31, 1987, Final Compl . July 15, 19) I .c . 52-129 (this"ellattite order ) Subs. Cc uly ,Final Comp l. - June 15, 1989 Prepared by the Enmneers Jots Contract Documents Commttee and endorsed by The A s s o m a i e d G e n e r a l C o n t r a c t o r s A m e n c a . •ss pl - 8 ' RCM 87 101 3 FROPOSAL FORM atme corm= CO., P. C. Kt 328 ALEXAM, AU :ma (612) 7615159 SVYNDHAM CREST IMPROVEMENT CONTRACT 52-129 CITY OF EDEN PRAIRIE, MINNESOTA Honorable Mayor and City Council c/o John Franc, City Clerk Eden Prairie City Hall 7600 Executive Drive Eden Prairie, Minnesota 55344 Councilmembers: The undersigned declares he has fully examined the Plans and Specifications as prepared by the City Engineer (or consultant) and all other Contract Documents under Improvement Contract 52-129 on file in the office of the City Engineer, all of which are fully understood and hereby agreed to, and has inspected in detail the site of the proposed work, and has familiarized himself with the local conditions affecting the work and contract and the detailed requirements of construction and testing and completion, and waives all right to plead misunderstanding of any item in relation to Improvement Contract No. 52-129. The undersigned agrees that if this Proposal is accepted, he is to furnish and provide all necessary labor, materials, machinery, tools, apparatus and all other means of construction, and performing the work, and to complete in strict accordance with the above mentioned Plans and Specifications and Contract Documents of Improvement Contract No. 52-129 involving the following listed approximate quantities: PF-1 3o.:3 440 $ !LI; 320 $ 50 $ 100 $ - 60 siE 50 $ 1q - 90 $ 20 _ $ 8 S att.' 33.5 $ 13-u $ (1110 $ 148c:: $ S'co $ Pick! $ lc Se $ $ $ 84.2c $ $ LF LF LF LF LF LF LF LF EA LF LS S / 5cc S /51, LS 1 LF 9.0 EA 24 LF 790 300 S 150 $ il - S&Ce _ 1 $ Ic $ $44.7cs TON TON EA '• RCM 871013 WYNDHAM CREST PROPOSAL FORM I.C. 52-129 Item Item Description Unit Ouantitv Unit Price Amount SANITARY SEWER 1 8" Sewcr Pipe 0-10' Deep 2 8" Sewer Pipe 10'-12' Deep 3 8" Sewer Pipe 12'-14' Deep 4 8" Sewer Pipe 14'-16' Deep 5 8" Sewer Pipe 16%18' Deep 6 8" Sewer Pipe 18'-20' Deep 7 8" Sewer Pipe 20-22' Deep 8 8" Sewer Pipe 22-24' Deep 9 Standard Manhole 0-8' Deep 10 Extra Depth Standard Manhole 11 Connect to Existing Manhole and5 Drop Section 12 Construct Manhole 9 Over Existing 18" Sanitary Sewer Complete 13 Construct 8" Outside Drop Section 14 8"x4" Service Wyes 15 4" Service Pipe 16 Eden Prairie Sand and Gravel Bedding 17 Eden Prairie Binderstone Bedding 18 Adjust Existing Manhole and Top Subtotal Sanitary Sewer WATERMAIN 1 6" DIP Watermain (incl. Hyd. Lead) LF 1,730 $ 13 - $ •2.2. 'Kt,' 2 6" Gate Valve and Box EA 3 $ .?3o S IcSo 3 Hydrant with Gate Valve and Box EA 6 $ I ic e . $ .1 8co 4 Watermain Fittings LB 1,900 $ C " $ / 5 6" Wet Tap (Including Tapping Sleeve and Valve) EA 1 $ ..tue.. $ ".c:c c 6 3/4" x 1" Corporation Cock EA 24 $ ,4)--0 $ / a. c c 7 1" Curb Stop and Box EA 24 $J cc) S PF-2 RCM 871013 Hem Item Descriotion rjjj.t Ouantitv Unit Price Amount 8 1" Copper Service LF 700 $ 4' $ 9 Adjust Existing Hydrant EA 1 $ /50 $ /S-0 10 Adjust Existing Valve Box EA 2 $ /CO S ;WO 11 8 Mill "Tube Type Film Wrap LF 1,730 $ i "" $ /1 3:- . 12 Eden Prairie Sand and Gravel Bedding TON 400 $ a. $ EOZ 13 Eden Prairie Binderstone Bedding TON 200 $ 14- - $ 14 Insulation Board (4" Thick) SF 400 $ 1 " s_2:_u Subtotal Watermain $45.5-s-b DRAINAGE. LANDSCAPING AND_STREET CONSTRUCTION se I Remove Bituminous Pavement SY 200 $ i 2 Remove Concrete Curb and Gutter LF 75 $ :1 - $ ;0.4 - 3 Bituminous Base Course (MnDOT 2331)TON 575 51/ ).c $ 1.-Vsl3 4 Bituminous Material for Base Course Mix TON 29 $ 1.-,I $ ?71e, 5 Bituminous Wear Course (MnDOT 234ITON 431 5 II l'i- 6 Bituminous Material for Wear Course Mix TON 28 $ 1.*? ,3 $ 7 Bituminous Material for Tack Coat GAL 250 $ / S-c $ .1-7 S- - 8 Aggregate Base Class 5 (100% Crushed Quarry Rock) TON 2,100 S 1 - $ N7c..1 9 B618 Concrete Cu-b and Gutter LF 200 $ 1./--c $ ck,e 10 Eden Prairie Concrete Mountable Curb LF 3,300 $ 4 50 I I Eden Prairie Concrete Valley Gutter LF 106 $ /o $ /Ct; 0 12 Bituminous Driveway Restoration SY 37 $ .kv. $ 13 Topsoil, Seed and Mulch ACRE 0.75 5 5-"iii_$ •i'1.5- • 14 Topsoil and Sod SY 745 $ /13- $ /3e./7 S 15 12" RCP CL V Storm Sewer LF 118 S 1 - $ Z•/-1 16 15" RCP CL V Storm Sewer LF 309 $ 3- X $ /c -141 17 21" RCP CL IV Storm Sewer LF 72 $ 4,16- $ /S./1..- 18 Eden Prairie Standard Manhole Design S-I EA 2 $ Cioc, $ PF-3 RCM 871013 Imm Item Description. Unit Ouantitv Unit Price Amount 19 Eden Prairie Catchbasin Design S-5 EA 7 $ (Th0 S L .4.‘• 20 Eden Prairie Catchbasin Design S-7 EA 2 $ /1Co $ 21 21* RCFES with Riprap and Filter Blanket EA 2 $ 11.4: $ / 4oe 22 Eden Prairie Sand and Gravel Bedding TON 75 $ '-)` 25 Eden Prairie Binderstone Bedding TON 40 S Li $ /bc Subtotal Drainage, Landscaping and Street Construction SUMMARY:. SANITARY SEWER WATERMAIN DRAINAGE, LANDSCAPING AND STREET CONSTRUCTION I $ 14505- $ 4.555-0 Sikfic) TOTAL BASE BID $ The undersigned agrees that, if the city decides to diminish or extend the work, or otherwise alter it by extras or deductions, he will perform the work as altered, increased or decreased, subject to the unit bid prices. The undersigned agrees to enter into contract in form hereto attached and to furnish a corporate surety bond as required by the General Conditions both within ten (10) days from date of postmark on mailing containing Notice of Award from the City, should this proposal be accepted. In the event of the failure of the undersigned to enter into such a contract within said ten (10) days, then the amount of bid security attached hereto is to be forfeited as agreed liquidated damages to the City of Eden Prairie. In submitting this bid, it is understood that the right is reserved by the City to reject any or all bids, and it is agreed that this bid may not be withdrawn for a period of thirty (30) days from the opening thereof. I hereby acknowledge receipt of the following addenda: Official Address: PF-4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-314 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 1987 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project cost, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are estab- lished as shown on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The cost of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in the office of the Deputy Clerk for public inspection. 3. A hearing shall be held on the 15th day of December, 1987, in the Eden Prairie City Hall, 7600 Executive Drive, at 7:30 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hear- ing. He shall also cause mailed notice to be given to the owner of record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on December 1, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk EXHIBIT A 1987 SPECIAL ASSESSMENTS PROJECT 1. I.C. 52-048B Balance of Assessments Due Against Lot 3, Block 2 LaVonne Industrial Park TOTAL COST $16,822.49 ?Cf.:7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-315 A RESOLUTION APPROVING FINAL PLAT OF FOUNTAIN PLACE APARTMENTS WHEREAS, the plat of FOUNTAIN PLACE APARTMENTS 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 FOUNTAIN PLACE APARTMENTS is approved upon compliance with the recommendation of the City Engineer's report on this plat dated NOVEMBER 24, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on DECEMBER 1, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 3 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 24, 1987 SUBJECT: FOUNTAIN PLACE APARTMENTS PROPOSAL: The Developer, CSM Corporation, has requested City Council approval of the Final Plat of Fountain Place Apartments. Located north of Columbine Road and west of Trunk Highway 169, the plat contains 52 acres to be divided into 5 lots, 2 outlots and right-of-way dedication for street purposes. The plat will contain six residential apartment buildings for a total of 490 units. Outlots A & B contain 18.35 acres and 2.94 acres respectively. Ownership of outlot A will be transferred to the City by a warranty deed. Outlot B will be retained by the Developer with eventual transfer to the City upon development of the remainder of the property lying east of Columbine Road. HISTORY: Zoning change from the rural district to the PUD-9-87-RM-2.5 district was finally read and approved by the City Council October 20, 1987, per Ordinance 040-87-PUD-9-87. The preliminary plat was approved by the City Council August 18, 1987, per Resolution 87-231. The Developer's Agreement referred to within this report was executed October 20, 1987. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, streets and walkways will be installed in conformance with City standards. Portions of the property within the plat were previously assessed for trunk sewer and water. These assessments have been "green acre" deferred since 1982. With development of the property the deferments will be terminated and the assessments become active. Additionally, there are 17.01 acres not previously assessed for trunk sewer and water that would be assessed at the current rate of $2,850.00 per acre. PAGE 2 OF 2 FOUNTAIN PLACE APARTMENTS NOVEMBER 24, 1987 Presently, there is a feasibility study underway for the extensio n o f Columbine Road north to Prairie Center Drive and a connection to T N 1 6 9 . Prior to release of the final plat, Developer shall enter into a s p e c i a l assessment agreement covering the Developer's share of the constru c t i o n costs of Columbine Road and Fountain Place, the connecting road to TH 169. The northern one-third of Columbine Road is shown as outlot C. P r i o r t o release of the final plat, the plat shall be revised to includ e o u t l o t C as dedicated right-of-way for Columbine Road. Plat shall be revised to include a 20' wide drainage and utilit y e a s e m e n t over the storm sewer from Magnolia Trail to the outfall between b u i l d i n g s 3 and 4. This portion of storm sewer, as well as that within M a g n o l i a Trail, will be publicly owned and maintained. The 20' wide walkway corridor shown on the plat must be revised t o a 2 0 ' drainage and utility easement and the City be provided with rec o r d a b l e easement documents for its intended use as a walkway. PARK DEDICATION: Park dedication shall conform to City code a n d t h e Developer's Agreement requirements. BONDING: Bonding shall conform to the requirements of City co d e a n d t h e Developer's Agreement. These requirements shall apply to the pu b l i c l y owned utilties and street improvements, except for Columbine Ro a d c o n - structed under a City improvement contract. RECOMMENDATION: Recommend approval of the final plat of Founta i n P l a c e Apartments subject to the requirements of this report, the Devel o p e r ' s Agreement, and the following: 1. Receipt of street sign fee of $1,115.00 2. Receipt of street lighting fee of $4,506.00 3. Receipt of engineering fee of $19,600.00 4. Receipt of warranty deed for outlot A 5. Revision of the plat to include the following: a) Addition of 20' wide drainage and utility easement for storm sewer from Magnolia Trail to outfall between buildings 3 and 4 b) Outlot C changed to dedicated right-of-way for Columbine Road c) 20' walkway to be shown as drainage and utility easement and submission of easement documents describing the walkway use 6. Satisfaction of bonding requirements. JJ:ss CC: Lloyd Cherne Valley Engineering Bauer & Associates Hanson, Thorp, Pellinen & Olson CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-317 RESOLUTION ORDERING FEASIBILITY REPORT WHEREAS, it is proposed to make the following improvements: I.C. 52-131 (Hamilton Road Drainage Improvements) and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to Minnesota Statues, Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Hanson, Thorp, Pellinen and Olson, and that a feasibility report shall be prepared and presented to the City Council 'with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on December 1, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk MEMORANDM TO: Mayor and City Council FROM: Eugene A. Dietz, P.E. Director of Public Works THROUGH: Carl J. Jullie, City Manager DATE: November 23, 1987 RE: Hamilton Road Feasibility Study I.C. 52-131 Included on the Council Agenda is a resolution that authorizes the preparation of a feasibility study for the improvement of Hamilton Road (lying westerly of Washington Avenue). The plat that created Hamilton Road was approved as the Claredon Industrial Park and was recorded in about 1962. Presumably, the road- way was constructed shortly thereafter, but not in accordance with the kinds of standards that are required in industrial parks today. The roadway does not have curb and gutter nor an underground storm sewer system to convey surface water. During the development process of the project, a drainage and utility easement was proposed that would convey storm water from the end of the cul-de-sac northeasterly to a proper disposal point. However, records indicate that easement was never executed or recorded. One of the property owners in the Industrial Park brought the issue to focus last year when they constructed an earthen berm that blocked drainage and caused water to stand on Hamilton Road. I suspect that going through a proper legal process would result in our ability to get an easement to allow for surface drainage of the water from Hamilton Road. However, since the road is quite old and does not conform to present day standards, I am recommending that we consider a special assessment project to install curb and gutter and the appropriate storm sewer improvements as a perm- anent solution at this time. I sent the attached letter to all of the property owners to discuss this in advance of bringing this issue to the City Council. However, I got response from only two property owners -- both saying they thought the improvements would be beneficial but were concerned about the potential cost and who would pay those costs. I believe the feasibility report will be the proper tool to answer these questions. Since we have not had a petition for the work, the process would go forward only under the motion of the Council and it would therefore require a four-fifths majority vote for each resolution to allow the project to progress. EAD:ss Enclosure 2 / ) CITY OFFICES/ 7600 EXECUTIVE DRIVE / EDEN PRAIRIE, MN 553444677 / TELEPHONE (612) 937-2262 Sincere October 26, 1987 Gerald W. Schilling, President Affiliated Services, Inc. 9905 Hamilton Road Eden Prairie, MN 55344 RE: Hamilton Road Drainage Improvements I.C. 52-131 Dear Mr. Schilling: Approximately one year ago, private grading occurred adjacent to Hamilton Road which altered the drainage in the industrial park adjacent to the roadway. Since that time, the City of Eden Prairie has made an effort to determine how this situation might be resolved. While there may be some legal remedies, we are coming to the conclusion that a project to improve drainage, install concrete curb and gutter and appropriate upgrading of the street is long overdue. Consequently, a special assessment project is being considered for the purpose of making those improvements. This letter is addressed to all property owners with frontage along Hamilton Road and is being used as an invitation to you to attend a meeting to discuss this potential project. The details of the meeting are as follows: Date: November 17, 1987 Time: 2:00 P.M. Location: Council Chambers City Hall 7600 Executive Drive The purpose of this meeting is to provide some background information on the history of the area, the need for the project and to discuss the procedures that are followed in developing a special assessment improvement project. If the project proceeds, the first step would be to develop a feasibility study which would review potential design alternatives as well as identify project cost and method of assessing the benefit. If no one from your organization is able to attend the meeting, I would very much appreciate some written response expressing your reaction to the idea of an improvement project as outlined above. I look forward to meeting with you to discuss this important project. Eugene A. Dietz, P.E. Director of Public Works EAD:ss MEMORANDUM TO: Mayor and City Council FROM: Eugene A. Dietz, P.E. Director of Public Work THROUGH: Carl J. Jullie, City Manager DATE: November 23, 1987 RE: Terex Loader "buy-back" File 51-407 In 1981, the City of Eden Prairie purchased a Terex Wheel Loader ( t h r o u g h competitive bids). The primary consideration in awarding the cont r a c t t o Borchert-Ingersoll was in the five-year "buy-back" provision. The specifications for the loader provided that after five years the v e n d o r would guarantee to repurchase the piece of equipment for a fixed pric e - - i n the case of the low bid by Borchert-Ingersoll in an amount of $92,800.00 . T h i s "buy-back" provision was very popular during the time that we acquir e d o u r loader. The provision has worked very well for the companies, how e v e r , t h e economy turned and Borchert-Ingersoll found themselves in a position o f n o t being able to fulfill the contract provisions. Ric Rosow and I have been negotiating with Borchert for about one yea r a n d h a v e concluded that a negotiated settlement is the wisest course of a c t i o n . I t appears that the following settlement may be acceptable to Borchert a n d i s o n e that I can recommend acceptance of to the City Council: A) The value of our present loader would be fixed at $48,500.00; B) Borchert would reimburse the City of Eden Prairie in the amount of the difference between the established value and the "buy-back" price or $44,300.00. This amount would be paid back in monthly installments for a three-year period at 10% interest; C) Borchert would supply the City with a new set of tires for the loader; and D) Borchert would repaint the machine. Borchert-Ingersoll has not fully accepted the terms of this proposed ag r e e m e n t . However, in order to facilitate the negotiation process, I need to k n o w t h a t the Council approves of the solution. Unless we are directed otherwise, I w i l l direct Ric Rosow to proceed with these items as the basis of the set t l e m e n t . It is my opinion that this settlement would provide a better soluti o n t h a n litigating the matter and incurring the associated expenses. The mac h i n e i s still very serviceable and suits our needs very well. EAD:ss CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-321 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 52-133 LEGION PARK ADDITION BE IT RESOLVED by the Eden Prairie City Council : 1. The owners of 100% of the real property abutting u p o n a n d t o b e benefitted from the proposed LEGION PARK ADDITION h a v e p e t i t i o n e d the City Council to construct said improvements a n d t o a s s e s s t h e entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon rec o m m e n d a t i o n o f t h e City Engineer, said improvements are hereby orde r e d a n d t h e C i t y Engineer shall prepare plans and specifications for said improvements In accordance with City Standards and advertise f o r b i d s t h e r e o n . 3. Pursuant to M.S.A. 429.031, Subd. 3, the City C l e r k i s h e r e b y directed to publish a copy of this resolution on c e i n t h e o f f i c i a l newspaper, and further a contract for constructi o n o f s a i d i m p r o v e - ments shall not be approved by the City Council p r i o r t o 3 0 d a y s following publication of this Resolution in the C i t y ' s o f f i c i a l newspaper. ADOPTED by the City Council of the City of Eden P r a i r i e o n D e c e m b e r 1 , 1 9 8 7 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk j CITY or EDEN PRAIRIE, MINNESOTA lDN. PETITION FOR LECAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real prOperty tleneJibed below and herein petition, or the Eden Prairie City Council to onceed with making the following described improvements: • (General Loction) Sanitary Sewer P.M. Fee • Watermain E. P. American Leg_inn Pact *dna Storm Sewer Street Paving anc;at Qj.ssmmty_R.QacLjAi. Other Pursuant to M.S.A. 429.031,.Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further stat and agree that the total cost of said improvements shall be srecia/ly as- sessed against the px:operty described below in accordance with .the City's special assessment policies. We further understand that the A:4 preliminary, estimated total cost for the said improvements . - Street Address or other Legal • Names and addresses of Petitioners Description of Property to be Served _(.9Ust be o ,::ner5..of '91 ‘,A1 corp,e.P.4-3r (Tor City Use) nAte ReceivCd Project No. cnuncil ronsideration VAC 87-10 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-318 VACATION OF DRAINAGE AND UTILITY EASEMENTS LOTS 1, 2, 3 AND 4, BLOCK 2 RAVEN RIDGE WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: Drainage and utility easements as platted on Lots 1, 2, 3 and 4, Block 2, Raven Ridge, Hennepin County, Minnesota recorded in the office of the Registrar of Titles. WHEREAS, a public hearing was held on December 1, 1987 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of the pro- ceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on December 1, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-249 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROGER'S BODY SHOP, INC. BY ROGER L. LINDEMAN BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Roger's Body Shop, Inc., by Roger L. Lindeman dated August 19, 1987, consisting of 1.91 acres into one lot and road right-a-way for construction of an auto body shop and 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 0 E"s-°41 16 Minnesota 0" c: Department of Transportation X. e 2055 No. Lilac Drive District 5 oF TO Golden Valley, Minnesota 5 5 4 2 2 05121X4XX5IIC 593-8403 April 7, 1987 Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MR 55344 Re: S.P. 2744 (TN.. 169) - Plat R e v i e w o f L i n d e m a n Addition located in the NE Quad r a n t o f R o g e r s Road and T.H. 169 in part of Se c t i o n 2 3 , Twp. 116, Range 22 in City of E d e n P r a i r i e , Hennepin County Dear Mr. Enger: We are in receipt of the above reference d p l a t f o r o u r r e v i e w i n a c c o r d a n c e w i t h Minnesota Statutes 505.02 and 5 0 5 . 0 3 P l a t s a n d S u r v e y s . A s y o u k n o w , M n / D O T i s planning to upgrade T.H. 169 t h r o u g h t h i s a r e a . A s a p a r t o f t h i s u p g r a d i n g , i t is our plan to minimize direct a c c e s s t o T . H . 1 6 9 a s m u c h a s p o s s i b l e b y e n c o u r - aging shared driveways, fronta g e r o a d s a n d l o c a l s t r e e t s w h e r e v e r p o s s i b l e . I n this case, the proposed plat i n d i c a t e s a c c e s s w h i c h s e r v e s o n l y o n e l o t . T h e existing entrance provides acce s s n o t o n l y t o t h i s l o t b u t a l s o t o t w o o t h e r adjacent lots at an existing s i g n a l i z e d i n t e r s e c t i o n . T h e e n t r a n c e a s p r o p o s e d would create a situation with t w o e n t r a n c e s w i t h i n t h e a r e a o f t h e s i g n a l i z e d intersection - this is unaccep t a b l e . T h e r e s h o u l d o n l y b e o n e a c c e s s p o i n t f o r all properties and it should be p r o p e r l y a l i g n e d w i t h t h e i n p l a c e s i g n a l i z e d intersection. We recommend that the developer o f t h i s p r o p e r t y w o r k i n c o o r d i n a t i o n w i t h t h e other adjacent property owners a n d t h e C i t y o f E d e n P e a i r i e t o a g r e e o n a n a c c e s s plan which serves the future ne e d s o f a l l p r o p e r t i e s . W i t h a l l t h e p r o p o s e d development activity in this ar e a a n d o u r p r o p o s e d w i d e n i n g p r o j e c t , i t i s e x t r e m e l y important that small one-lot d e v e l o p m e n t s a r e c o o r d i n a t e d s o t h e y f i t i n t o a n overall access plan. This coor d i n a t i o n s h o u l d b e c a r r i e d o n w i t h M r . R i c k D a l t o n , our project manager for the T. H . 1 6 9 p r o j e c t . Thank you for your cooperation i n t h i s m a t t e r . W. M. Crawford, P.E. District Engineer cc: Steve Keefe - Metropolitan C o u n c i l Kenneth Felger - Henn. Co. Sur v e y o r ' s O f f i c e An Equal Opportunity Employer 0004 ote'Esoti Minnesota . "1( Department of Transportation District 5 2055 No. Lilac Drive Golden Valley. Minnesota 55422 August 11, 1987 Don Uram, Asst. City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: S.P. 2744 (T.H. 169) - Plat Review of Rogers B o d y S h o p located east of T.H. 169 near Henn. Co. Vo-Tech Entrance in part of the SW Quarter of Sect. 23, Twp. 11 6 , R a n g e 22, in City of Eden Prairie, Hennepin County Dear Mr. Uram: We are in receipt of the above referenced pla t f o r o u r r e v i e w i n a c c o r d a n c e w i t h Minnesota Statutes 505.02 and 505.03 Plats a n d S u r v e y s . W e f i n d t h e p l a t a c c e p t - able for further development with considerati o n o f t h e f o l l o w i n g c o m m e n t s : - As you know, Mn/DOT is currently planning to r e c o n s t r u c t T . H . 1 6 9 i n t h i s area. As a part of those plans, every effor t i s b e i n g m a d e t o i m p r o v e the operation and safety of the existing hig h w a y . A n i m p o r t a n t p a r t o f this improvement is to combine and limit dire c t a c c e s s t o c o n t r o l l e d intersections such as the signalized Vo-Tech i n t e r s e c t i o n . T h e r e f o r e , we recommend that the "future road" shown on t h e p l a t b e i n c l u d e d w i t h the propw.ed development and the existing dr i v e w a y s b e t i e d i n t o t h e "future road" so that there is one single app r o a c h t o T.H. 169. - Coordination of this proposed development as i t r e l a t e s t o t h e r e c o n - struction of T.H. 169 should be continued with Mr. James E. Nels o n , o u r project design engineer. His number is 593-8508. If you have any questions in regard to this r e v i e w : p l e a s e c o n t a c t E v a n G r e e n a t 593-8537. Thank you for your cooperation in t h i s m a t t e r . m. Craw /‘ford; Since t District Engineer cc: Steve Keefe - Metropolitan Council Kenneth Felger - Henn. Co. Surveyor's Office An Equal Opportunity Employer .43e, .55 8403 1612)593. CITY OFFICES / 8950 EDEN PRAIRIE ROAD / EDEN P R A I R I E . MN 55344.2499 / TELEPHONE 16121 937.2282 February 18, 1987 Mr. Roger L. Lindeman 6934 Edgebrook Place Eden Prairie, MN 55344 Dear Mr. Lindeman: This letter is to inform you of the items which were d i s c u s s e d r e g a r d i n g y o u r r e c e n t project submittal. This meeting was a t t e n d e d b y B r i a n O l s e n a n d R a n d y S t e a r n f r o m Ron Krueger & Associates. At this meeting, we went over specifi c S t a f f c o n c e r n s r e g a r d i n g t h e R o g e r ' s B o d y Shoo, Inc., proposed along U.S. High w a y # 1 6 9 . T h e s e i t e m s i n c l u d e d , b u t n o t l i m i t e d to: 1. The need for intersection details and h o w t h e p r o p o s e d r o a d a l i g n s w i t h t h e VD-Tech road. 2. The requirement for front yard setba c k s e q u a l l i n g 5 0 f e e t o n U . S . H i g h w a y #169 and 25 feet on the future road. 3. The proposed screening of any overh e a d d o o r s m a y m e a n g r e a t e r s e t b a c k o f f the future road. 4. A need for an overall drainage plan a n d h o w i t w o r k s w i t h t h e m i n i - s t o r a g e . 5. The City requirement for a 70-foot r i g h t - o f - w a y s t r e e t . 6. The proposed extension of water an d s e w e r l i n e s t o t h i s a r e a t o s e r v i c e t property and the adjacent properties. 7. The screening of all parking and loa d i n g a r e a s . Because of these concerns, it has b e e n d e t e r m i n e d t h a t t h i s p r o j e c t i s n o t r e a d y t o be scheduled for a Planning Com n i s s i o n m e e t i n g a t t h i s t i m e . I f y o u h a v e a n y questions regarding any of Staff 's c o n c e r n s , p l e a s e f e e l ' f r e e t o c a l l u s a t a n y time. Thank you. ifere ly, Donald R. Uram Assistant Planner DRU/mh -MEMORANDUM- TO: Don Uram FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: June 22, 1987 RE: ROGERS BODY SHOP An important issue in the Rogers Body Shop proposal is the access t o t h e site and the proposed future roadway east of TH 169. The need f o r a r o a d w a y extension to the east opposite of the Vo-Tech entrance should b e c o n s i d e r e d a "given". Additionally, the MnDot requires that the access f o r t h e s i t e be consolidated in one location so as to utilize the detector l o o p s t h a t exists at the intersection and provide safe ingress/egress. T h e r e a p p e a r s to be only two alternatives towards meeting these goals and are a s f o l l o w s : A. The proponent may wish to work privately with the two adjacent property owners to provide a short extension of the proposed roadway into the site. In this case, I would suggest that the appropriate right-of-way be dedicated by the proponent and th a t the permanent road section be constructed far enough east of T H 169 to provide adequate turn lanes and storage. Thereafter, t h e proponent could bring the driveway into the building in a more temporary location. The final element of this situation is that a special assessment agreement would be necessary to provide for a financial obligation for future construction. B. The City Council could receive a petition for a special assess m e n t project for the construction of the roadway at this time. In t h i s instance, the permanent roadway could be constructed to the proponents east property line and the appropriate benefit asse s s e d against the adjacent property owners. I very much prefer alternate A. The problem with the second alt e r n a t i v e i s that it will involve specially assessing private property owner s w h o m a y o r may not recognize the ultimate benefit from having a street in t h i s l o c a t i o n . Additionally, the cost incurred to the individauls through the s p e c i a l assessment process may cause financial difficulities. Because o f t h e p o t e n - tial difficulites with special assessment process, the proponen t s h o u l d n o t assume that the City Council would order such an improvement. EAD:ss ,In '..;‘j 4 1-2 va PROPOSED SITE STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: August 21, 1987 PROJECT: Roger's Body Shop LOCATION: West of U.S. #169, south of Williams Mini-storage APPLICANT/ FEE OWNER: Roger Lindeman REQUEST: 1. Zoning District Change from Rural to 1-2 Park on approximately 1.62 acres. 2. Preliminary Plat of approximately 1.93 acres into one lot and road right-of-way. 3. Variances for lot size, width, and required parking, to be reviewed by Board of Appeals. Background This is a continued item from the August 10, 1987, Planning Commission meeting. At that time, the Planning Commission continued the item to address specific issues raised in the Staff Report regarding sanitary sewer disposal, screening of any outside storage areas, overhead doors and parking lot. The plans which have been submitted address these issues. Plan Revisions 1. The provision of a screening plan for any outside storage area in which vehicles shall be parked. In response to the concerns raised regarding outside storage of any vehicles, the proponent has submitted plans detailing a six-foot 111111111rer AREA LOCATION MAP Roger's Body Shop 2 August 21, 1987 high cedar fence which would be installed shoul d a n y o u t s i d e v e h i c l e s t o r a g e occur. The proponent shall agree that this fen c e w i l l b e i n s t a l l e d s h o u l d on-site inspection reveal vehicles stored on-si t e . 2. The provision of a screening plan for the over h e a d d o o r s a n d p a r k i n g a r e a s along the southern property line. In response to these concerns, the overhead do o r s h a v e b e e n r e l o c a t e d f r o m their previous position to the most southwesterl y l o c a t i o n o n t h e b u i l d i n g . The purpose of this was to locate the doors i n a n a r e a w h e r e t h e e a r t h e n berm would be at its maximum height. In additi o n , t h e l a n d s c a p e p l a n h a s been revised to reflect a continuous coniferous h e d g e r o w a p p r o x i m a t e l y 1 3 0 feet in length along the southern property line . T h i s h e d g e r o w i s d e s i g n e d to provide a year-around screening of the overh e a d d o o r s a n d p a r k i n g a r e a s . Past experience has shown that a single hedge ro w d o e s n o t p r o v i d e a d e q u a t e screening. 3. The provision of details regarding sanitary sewe r d i s p o s a l . Based upon preliminary design, the proponent h a s i n d i c a t e d t h a t a " t r e n c h type" drainfield would be constructed to servic e t h e p r o p e r t y . T h i s w o u l d include the construction of a drainfield withi n b o t h f r o n t y a r d s e t b a c k s and, because of the size requirement, involv e t h e e l i m i n a t i o n o f n i n e parking stalls. With a total requirement o f 6 7 p a r k i n g s t a l l s , t h e reduction would decrease the number of stalls t o 5 8 . B e c a u s e t h e p a r k i n g stalls are being utilized for the septic system , t h e y c a n n o t b e c l a s s i f i e d as proof-of-parking. The proponent would need to a p p l y f o r , a n d r e c e i v e , a variance from the parking requirements from t h e B o a r d o f A p p e a l s . I n a worse case scenario, a potential problem could be t h a t i f t h e p a r k i n g s t a l l s are required, it would involve the elimination o f p a r t o f t h e i r d r a i n f i e l d . If this were to occur, there is some question a s t o w h e t h e r o r n o t t h e drainfield could function properly. The propon e n t h a s i n d i c a t e d t h a t t h e final design for the septic system would be comp l e t e d p r i o r t o C i t y C o u n c i l review. Additional Concerns As stated in the letter dated August 20, 1987 fr o m M r . R o b e r t W i l l i a m s , t h e p r o p e r t y owner to the .north, concern has been expressed r e g a r d i n g s t o r m w a t e r r u n o f f f r o m t h e proposed development. The previous staff repor t s t a t e d t h a t a s t o r m s e w e r s y s t e m designed for a 10-year storm be included as p a r t o f t h i s p r o j e c t . B e c a u s e s t o r m water runoff affects adjacent parcels, the En g i n e e r i n g D e p a r t m e n t h a s i n d i c a t e d that this issue should be included as part of t h e f e a s i b i l i t y r e p o r t f o r t h e r o a d and utility construction. STAFF RECOMMENDATIONS If the Planning Commission feels that the specif i c l a n d u s e a n d s i t e p l a n a s r e v i s e d is acceptable, and that the variances requested h a v e b e e n s u b s t a n t i a t e d , t h e n S t a f f would recommend approval of the project based u p o n r e v i s e d p l a n s d a t e d A u g u s t 1 9 , 1987, subject to the Staff Report, dated Aug u s t 2 1 , 1 9 8 7 , a n d s u b j e c t t o t h e following conditions: Roger's Body Shop 3 August 21, 1987 1. Prior to Council review, proponent shall: A. Provide a petition to the City Engineering Dep a r t m e n t f o r t h e feasibility and the construction of the future r o a d w a y a n d a n y required utilities. B. Agree to provide adequate screening along the so u t h e r n p r o p e r t y line. C. Agree to install the fence detail as submitted sho u l d a n y o u t s i d e storage of vehicles occur. D. Provide final details regarding the design of th e s e p t i c t a n k a n d drainfield system. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion c o n t r o l p l a n s f o r review by the Watershed District. B. Submit detailed storm water run-off, utility an d e r o s i o n c o n t r o l plans for review by the City Engineer. 3. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 h o u r s i n a d v a n c e of grading. Stake the construction limits with e r o s i o n c o n t r o l fencing. 4. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Apply for, and receive, variances from the Boar d o f A p p e a l s f o r certain requirements as set forth in Chapter 11 in c l u d i n g l o t s i z e , lot width, and parking requirements. S. Sign a special assessment agreement for the road e x t e n s i o n a n d a n y f u t u r e utility construction including storm sewer. On the other hand, if the Planning Commission fee l s t h a t t h e d e v e l o p m e n t o f t h i s parcel is premature based upon the lack of sanita r y s e w e r , a d e q u a t e a c c e s s , t h e variances requested, or other unresolved issues, t h e n t h e a p p r o p r i a t e a c t i o n w o u l d be to recommend denial of the project as submitted. -)6 RCM lull ' 1,Y _ri-11-12 STAFF REPORT Planning Commission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning August 7, 1987 Rogers Body Shop West of U.S. 169, South of Al Williams Mini-St o r a g e Roger Lindeman 1. Zoning District Change from Rural to 1-2 Park o n a p p r o x i m a t e l y 1.62 acres. 2. Preliminary Plat of approximately 1.93 acres i n t o o n e l o t a n d road right-of-way. TO: FROM: TOUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for development as an In- dustrial land use. Adjacent prop- erties are guided for Industrial to the north, Low Density Residential to the east and south, and Vocational School to the west. Specific land uses in this area include vacant property and large lot single family residential to the west and south, U.S. 169 and the Hennepin County Vocational/Technical School to the west, and Williams Mini-Storage, zoned 1-2 Park to the north. The owner is currently requesting a Zoning District Change and Pre- liminary Platting of approximately 1.93 acres into one lot and road right-of-way to allow for the development of a 23,911 square foot autobody repair shop. AREA LOCATION MAP Rogers Body Shop 2 August 7, 1987 Site Plan/Preliminary Plat This 1.9-acre site is currently zoned Rural and is l o c a t e d d i r e c t l y o p p o s i t e t h e Hennepin County Vocational/Technical School on U . S . 1 6 9 . T h e p r o p o n e n t i s requesting an 1-2 Park zoning classification which r e q u i r e s a 2 - a c r e m i n i m u m l o t size, width of 200 feet, depth of 300 feet, front yar d s e t b a c k o f 5 0 f e e t , a side yard setback of 20 feet, and a rear yard setback of 25 f e e t . T h e p r o p o s a l i n c l u d e s a lot size of 1.68 acres, a lot width of 173 feet, a lot d e p t h o f 4 6 8 f e e t , f r o n t y a r d setback on U.S. 169 of 50 feet, and a 20-foot side yar d s e t b a c k . T h e p r o p o n e n t w i l l be required to submit an application to the Board of Ap p e a l s f o r a v a r i a n c e f r o m t h e minimum lot size of 2 acres and a lot width of 200 f e e t . A c c o r d i n g t o t h e s i t e survey, the lot as it currently exists would not meet t h e l o t s i z e r e q u i r e m e n t . The proponet is proposing a 23,911 square foot buildin g o n t h i s s i t e . B a s e d u p o n a building footprint of 13,464 square feet, an 18.4% Bas e A r e a R a t i o ( B A R ) a n d 3 2 . 7 % Floor Area Ratio (FAR) has been calculated. With the e x t e n s i o n o f t h e f u t u r e r o a d , this lot would be classified as a corner lot and would r e q u i r e a 5 0 - f o o t f r o n t y a r d setback from U.S. 169 and a 25-foot setback to par k i n g a l o n g t h e f u t u r e r o a d extension. The proposed plans meet the minimum setback r e q u i r e m e n t s . Based upon a building square footage of 23,911 squa r e f e e t , t h e p r o p o n e n t h a s calculated a usage breakdown of 1,131 square feet for of f i c e ; 2 0 , 0 8 3 s q u a r e f e e t f o r manufacturing; and 2,697 square feet for warehous e . U s i n g c u r r e n t p a r k i n g requirements, a total of 67 parking spaces is required. T h e p l a n s d e p i c t a t o t a l o f 67 surface parking stalls, with additional space for 12 c a r s p a r k e d w i t h i n t h e b o d y repair area on the upper floor. Access Access to this site will be provided by the extensio n o f a r o a d i n a l i g n m e n t w i t h the signalized intersection on U.S. 169 to the east. P e r E n g i n e e r i n g r e q u i r e m e n t s , the road has been designed with a 70-foot right-of - w a y c e n t e r e d o n t h e p r o p e r t y line. In response to a letter from the Minnesota Dep a r t m e n t o f T r a n s p o r t a t i o n , a n d from conversations with the Engineering Department th e p r o p o n e n t h a s s t a t e d t h a t he will petition the City for a feasibility report and c o n s t r u c t i o n o f t h e p r o p o s e d roadway and any utilities to the eastern-most propert y l i n e ( s e e A t t a c h m e n t s A a n d B). The result of the road extension to the east would r e q u i r e t h e a c q u i s i t i o n o f 3 5 feet of the adjacent property owner's lot. Based upo n a s t r e e t r i g h t - o f - w a y o f 7 0 feet and street width of 38 feet, the owner's garage w o u l d b e a p p r o x i m a t e l y f i v e feet from the right-of-way line and 16 feet from the c u r b l i n e . A r e d u c t i o n i n l o t size of approximately 10,000 square feet would al s o b e r e a l i z e d . I n a d d i t i o n , because of the unusual shape of the parcel to the ea s t , a r e m n a n t t r a c t m e a s u r i n g approximately 78 feet by 183 feet from the center lin e o f t h e r o a d w a y t o t h e n o r t h would be created and would be virtually useless to t h e c u r r e n t p r o p e r t y o w n e r . After the dedication for the future road, a parcel me a s u r i n g a p p r o x i m a t e l y 4 3 f e e t by 183 feet or 7,869 square feet will remain. Concern h a s b e e n r a i s e d r e g a r d i n g t h e actual outcome of this piece of property. It would app e a r t h a t t h e m o s t r e a s o n a b l e use for the property would be to include it as part o f t h e c u r r e n t d e v e l o p m e n t proposal, however, this is not possible due to ownershi p c o n s t r a i n t s . If the City were to approve the feasibility study an d o r d e r t h e r o a d a n d u t i l i t y improvements, it may be necessary to condemn the property to the sou t h a n d t h e Rogers Body Shop 3 August 7, 1987 created remnant parcel in order to accomplish t h e r o a d a n d u t i l i t y e x t e n s i o n s t o this development. Grading High points on this site range from a maximum of t h e 8 7 6 c o n t o u r e l e v a t i o n a d j a c e n t U.S. 169, to a low point along the most easterl y p r o p e r t y l i n e a t t h e 8 4 8 c o n t o u r elevation. As the plans indicate, this site s l o p e s i n a n e a s t e r l y d i r e c t i o n . Because no real significant site characteris t i c s e x i s t o n t h i s s i t e , g r a d i n g involves primarily site preparation includi n g b u i l d i n g p a d a n d p a r k i n g l o t construction. The proposed building on this s i t e i s d e s i g n e d a s a t w o - s t o r y building with one-story underground which takes t h e s l o p e i n t o c o n s i d e r a t i o n . T h e majority of the earth work occuring is required t o p r o v i d e a c c e s s t o t h e l o w e r l e v e l through a series of retaining walls and approxim a t e l y 8 f e e t o f f i l l . T h e p r o p o n e n t shall submit detailed retaining wall plans for re v i e w b y t h e B u i l d i n g D e p a r t m e n t . In order to screen the overhead garage doors an d p a r k i n g a r e a s , a s e r i e s o f b e r m s are being proposed along the west and southern p r o p e r t y l i n e s . T h e b e r m a l o n g U . S . 169 is approximately 3 feet above U.S. 169 an d a p p r o x i m a t e l y 1 3 f e e t a b o v e t h e finished floor elevation. As site lines indicate , t h e b e r m s h o u l d b e h i g h e n o u g h t o screen the views of the parking in this area an d o f t h e s i n g l e o v e r h e a d d o o r . T h e berm along the southern property line ranges from 0 t o a p p r o x i m a t e l y 4 feet. Along the south elevation, there would be 3 garage doo r s a n d a t o t a l o f 1 8 p a r k i n g s t a l l s which would not be screened. In order to scree n t h e p a r k i n g a r e a ' s a n d o v e r h e a d doors, alternatives such as relocating the door s t o t h e w e s t e r n e l e v a t i o n a n d / o r provide a decorative fence have been suggested. T h e p r o p o n e n t s h a l l p r o v i d e d e t a i l s regarding the screening of these areas prior to C o u n c i l r e v i e w . Utilities As part of the approval of the Williams Mini-S t o r a g e d e v e l o p m e n t , t h e p r o p o n e n t i s required to extend an 8-inch water line to the s o u t h e r n p r o p e r t y l i n e . W i t h t h e development of this parcel, the 8-inch wate r l i n e s h a l l b e e x t e n d e d f r o m t h e terminous point to the southern property line. A t t h i s t i m e , t h e r e i s n o s a n i t a r y sewer service available to this site. Because o f t h e i n d u s t r i a l - t y p e u s e o f t h e building, the proponent is required to submit a d e t a i l e d s a n i t a r y s e w e r s y s t e m analysis prior to City Council review. It is the d e v e l o p e r ' s i n t e n t i o n t o c o n n e c t to the sanitary sewer system once it is avail a b l e . T o e n s u r e t h i s , t h e p r o p o n e n t shall sign a special assesment agreement for fu t u r e s a n i t a r y s e w e r c o n s t r u c t i o n . A s discussed in the grading section, a storm The proposed grading plan depicts a swale along t h e n o r t h e r n p r o p e r t y l i n e d e s i g n e d to surface drain the subject property. Accordin g t o t h e E n g i n e e r i n g r e p o r t , a s e w e r system designed for a 10-year storm shall be in c l u d e d a s p a r t o f t h e d e v e l o p m e n t o f this proposal. The proponent shall contact th e E n g i n e e r i n g D e p a r t m e n t t o o b t a i n drainage specifications. Architecture This building has been designed as a two-story b u i l d i n g i n o r d e r t o t a k e a d v a n t a g e of the slope on the site. The building is re c t a n g u l a r i n s h a p e b a s e d u p o n t h e shape of the lot. Primary building materials i n c l u d e t r i p l e - s c o r e d c o n c r e t e b l o c k and glazed block. The proponent will be requ i r e d t o s u b m i t b u i l d i n g m a t e r i a l samples in colors prior to City Council rev i e w . T h e b u i l d i n g e l e v a t i o n s a l s o indicate that all rooftop mechanical equipmen t s h a l l b e s c r e e n e d b y m e t a l w h i c h Rogers Body Shop 4 August 7, 1987 shall compliment the proposed color of t h e b u i l d i n g s . Because of the intended use of the bu i l d i n g , t h e r e a r e a t o t a l o f 5 o v e r h e a d g a r a g e doors to allow access to the buildi n g . T h e r e w i l l b e o n e o v e r h e a d g a r a g e d o o r located along the west elevation, thre e a l o n g t h e s o u t h e r n e l e v a t i o n , a n d o n e o n t h e eastern elevation which would provi d e a c c e s s t o t h e u n d e r g r o u n d f l o o r a r e a . A C i t y Code requirement is the screening of g a r a g e d o o r s a n d p a r k i n g s t a l l s f r o m a d j a c e n t roadways. The proponent will provid e d e t a i l i n g s c r e e n i n g p l a n s p r i o r t o C o u n c i l review. The proponent will also be r e q u i r e d t o p a i n t t h e o v e r h e a d g a r a g e d o o r s t o match the brick color in order to dow n - p l a y t h e d o o r s . Concern has also been raised regar d i n g t h e o u t d o o r s t o r a g e o f a n y v e h i c l e s . I f outdoor storage is proposed, the prop o n e n t s h a l l b e r e q u i r e d t o m a i n t a i n a l l s t o r a g e along the eastern-most portions of t h e p r o p e r t y w h i l e a l s o p r o v i d i n g a s c r e e n i n g wall to prevent any views into this a r e a . P l a n s s h a l l b e p r o v i d e d f o r r e v i e w p r i o r to City Council. Landscaping Based on a total square footage of 24 , 8 4 6 s q u a r e f e e t , a t o t a l o f 7 8 c a l i p e r i n c h e s would be required. The proposed lan d s c a p e p l a n d e p i c t s a m i n i m u m o f 8 1 c a l i p e r Inches plus a number of shrubs desig n e d t o s u p p l e m e n t t h e p l a n t i n g s . I n o r d e r t o provide additional screening of the ov e r h e a d d o o r s , t h e e v e r g r e e n s d e s i g n a t e d a n t h e plan should be revised to includ e a n e q u a l s p l i t b e t w e e n 6 , 8 , a n d 1 0 - f o o t evergreens. The proponent shall al s o p r o v i d e a d d i t i o n a l s h r u b s p l a n t e d a l o n g t h e retaining wall to help soften the eff e c t o f t h e s e r e t a i n i n g w a l l s . Signage and Lighting No signage or lighting details have b e e n s u b m i t t e d a t t h i s t i m e . P r i o r t o B u i l d i n g permit issuance, the proponent is re q u i r e d t o p r o v i d e s i g n a g e a n d l i g h t i n g d e t a i l s . Requirements would include that all s i g n a g e m e e t C i t y C o d e a n d t h a t a l l l i g h t i n g have no off-site glare. STAFF RECOMMENDATIONS There are several remaining outstan d i n g i s s u e s t o b e d e a l t w i t h o n t h i s p r o j e c t . These include: A. Resolution of the future roadway c o n s t r u c t i o n a n d a n y r e q u i r e d utilities. B. Revision of the grading plan to ref l e c t m a x i m u m b e r m h e i g h t s a l o n g the southern property line. C. Revision of the landscaping plan t o r e f l e c t a d d i t i o n a l s h r u b b e r y adjacent the retaining walls. D. Provision of details regarding the b u i l d i n g m a t e r i a l s a n d c o l o r s t o be used. E. Revision of the utility plan to refl e c t t h e e x t e n s i o n o f t h e 8 - i n c h water main from the northern property l i n e . 310 Rogers Body Shop 5 August 7, 1987 F. Provision of details regarding sanitary sew e r d i s p o s a l . G. Provision a screening plan for any outsi d e s t o r a g e a r e a i n w h i c h vehicles shall be parked. H. Provision of a screening plan for the o v e r h e a d d o o r s a n d p a r k i n g areas along the south property line. Some of these issues are major, such as t h e r o a d a c c e s s a n d p r o v i s i o n o f u t i l i t i e s to the property. Because these issues re m a i n u n r e s o l v e d a t t h i s t i m e , S t a f f w o u l d recomend that there be continuance of thi s p r o j e c t u n t i l t h e s e m a t t e r s a r e r e s o l v e d . :,,,- • .. ..--!......_ •.‘,._.... • : " .; ''''.',•-•"'",•,^. . .;!.'1..." -....... • 1 ,- / / 1 " • i . r t VT+ . , me " .: '.'•n ; !: .2-.- - '" ,;•':-..tr ',. ' •!4,-... ,,' 1 . • ;; fi •'‘ ..;-, I ATTACHMENT A Possible Road Extension Mit inesCa Department of Transportation District 5 2055 No. Lilac Drive Golden Valley, Minnesota 55422 xxxx-xxi 593-8403 April 7, 1987 Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: S.P. 2744 (T.H. 169) - Plat Review of Lindema n Addition located in the NE Quadrant of Rogers Road and .T.H. 169 in part of Section 23, Twp. 116, Range 22 in City'of Eden Prairie, Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat for o u r r e v i e w i n a c c o r d a n c e w i t h Minnesota Statutes 505.02 and 505.03 Plats and Sur v e y s . A s y o u k n o w , M n / D O T i s planning to upgrade T.H. 169 through this area. As a p a r t o f t h i s u p g r a d i n g , i t is our plan to minimize direct access to T.H. 169 a s m u c h a s p o s s i b l e b y e n c o u r - aging shared driveways, frontage roads and local s t r e e t s w h e r e v e r p o s s i b l e . I n this case, the proposed plat indicates access whic h s e r v e s o n l y o n e l o t . T h e existing entrance provides access not only to this l o t b u t a l s o t o t w o o t h e r adjacent lots at an existing signalized intersecti o n . T h e e n t r a n c e a s p r o p o s e d would create a situation with two entrances within t h e a r e a o f t h e s i g n a l i z e d intersection - this is unacceptable. There should o n l y b e o n e a c c e s s p o i n t f o r all properties and it should be properly aligned wi t h t h e i n p l a c e s i g n a l i z e d intersection. We recommend that the developer of this property wo r k i n c o o r d i n a t i o n w i t h t h e other adjacent property owners and the City of Eden P r a i r i e t o a g r e e o n a n a c c e s s plan which serves the future needs of all propertie s . ' W i t h a l l t h e p r o p o s e d development activity in this area and our proposed wi d e n i n g p r o j e c t , i t i s e x t r e m e l y important that small one-lot developments are coord i n a t e d s o t h e y f i t i n t o a n overall access plan. This coordination should be ca r r i e d o n w i t h M r . R i c k D a l t o n , our project manager for the T.H. 169 project. Thank you for your cooperation in this matter. Sincexly, " ' / / t. W. M. Crawford, P.E. District Engineer cc: Steve Keefe - Metropolitan Council Kenneth Felgcr - Henn. Co. Surveyor's Office A n Equal Oppottunity Employer ATTACHMENT B : D. by Roger L. Lindeman. Request fo r District Change Rural to 1-2 on 1.68 acres with variances to be reviewed by the B o a r d o f A p p e a l s , a n d Preliminary Plat of 1.91 acres in t o o n e l o t a n d r o a d right-of-way for construction of a n a u t o b o d y s h o p . L o c a t i o n : Highway #169 across from the Henn e p i n C o u n t y V o c a t i o n a l Technical School. A public hearin g . Planner Urns explained the projec t t o t h e P l a n n i n g C o m m i s s i o n a n d told of the numerous meetings the S t a f f h a s h a d w i t h t h e p r o p o n e n t and his engineer during the past s e v e n m o n t h s t o w o r k o u t s o m e o f the major issues. These issues in c l u d e d t h e r o a d e x t e n s i o n t o t h e east, the screening of overhead d o o r s a n d p a r k i n g a r e a s , a n d t h e sanitary sewer issue. Brian Olson, representing the de v e l o p e r , presented the revised plans in r e s p o n s e t o t h o s e c o n c e r n s p r e s e n t e d by Staff. There will be 67 parki n g s t a l l s l o c a t e d o n t h e l o t . T h e berming will range from approxima t e l y 1 4 f e e t a l o n g U . S . 1 6 9 a n d t o approximately 4-1/2 feet high al o n g t h e s o u t h p r o p e r t y l i n e . O l s o n showed the Commission the propose d p l a n t i n g m a t e r i a l t h a t w i l l b e used. He stated that the overhead d o o r s a n d t h e p a r k i n g l o t w i l l b e completely hidden from U.S. 169 b u t w o u l d b e p a r t i a l l y v i s i b l e f r o m the proposed road extension. The o n l y a l t e r n a t i v e f o r c o m p l e t e screening would be a 6 foot high fence. . Dram asked if Olson could address the sanita r y s e w e r i s s u e f o r t h e Planning Commission. Olson told o f p l a n s f o r t h e s e p t i c s y s t e m a n d the drain field Which would be loc a t e d w i t h i n t h e f r o n t y a r d setbacks along U.S. 169 and the p r o p o s e d r o a d e x t e n s i o n t o p u t i t along the south property line. B e c a u s e o f t h i s , b e r m i n g a l o n g t h e south property line may not be p o s s i b l e . T h e b o d y s h o p c a n t h e n be brought into the sewer system onc e i t i s a v a i l a b l e . I f a n a d e q u a t e system can not be design, develop e r w i l l h a v e t o l o o k a t a h o l d i n g tank. Paul Struthers, architect, s h o w e d C o m m i s s i o n r e v i s e d p l a n s for the building and office. Planning Commission Minutes -6- August 10, 1987 Uram stated that based on the revised pla n s s h o w n h e r e t o n i g h t , Staff recommendations 8, C, D & E listed i n t h e S t a f f R e p o r t h a v e been resolved. The issues that remain b e f o r e t h e C o s m i s s i o n a r e : A. Resolution of the future roadway con s t r u c t i o n a n d a n y r e q u i r e d utilities. F. Provision of details regarding sanitary s e w e r d i s p o s a l . G. Provision of a screening plan for any ou t s i d e s t o r a g e a r e a i n whi.Ch vehicles shall be parked. H. Provision of a screening plan for the ov e r h e a d d o o r s a n d parking areas along the south property l i n e . The proponent has said that he will petit i o n f o r t h e C i t y t o e x t e n d the roadway to the east. Urea stated he h a d a d i s c u s s i o n w i t h Mr. Hines, property owner, regarding the e x t e n s i o n o f t h e r o a d w a y . Mr. Hines has not been receptive to the e x t e n s i o n a t t h i s p o i n t . The road design requires a 35-foot right - o f - w a y a c q u i s i t i o n f r o m o n Mr. StmChuek's property. This would put h i s g a r a g e s i x f e e t f r o m the right-of-way line. Regarding the sanitary sewer disposal, the last idea developer has • presented to Staff doesn't appear accep t a b l e . S t a f f h a s b e e n i n touch with the Engineering Department on t h i s i s s u e , h o w e v e r , details would have to be presented so a p r o p e r r e v i e w c o u l d b e conducted. The screening plan for the outside stora g e a r e a c a n b e w o r k e d o u t with Roger Lindeman. This would require p l a n t i n g m a t e r i a l t h a t would effectively block the overhead door s a n d t h e p a r k i n g l o t . Uram concluded by asking the Planning Com m i s s i o n t o r e v i e w t h e roadway extension and sanitary sewer issu e s a n d s a k e s o m e recommendation as to whether or not a pro j e c t l i k e t h i s w o u l d b e feasible at this time and location. Chairman SChuCk asked for comments. Hallett stated it has been four months since anyone has talked t o Mr. Hines. Can the city condemn the rem n a n t t r a c t ? U r e a a n s w e r e d , Mt. Hines has said he hasn't seen anythi n g h a p p e n i n 2 0 y e a r s a n d h e doesn't think anything is going to happe n . Bye stated if the road is built, it is g o i n g t o b e a p r o b l e m t u r n i n g left off of Highway 11169. •Litc.; ) Planning Commission Minutes -7- August 10, 1987 Uram replied that Gene Dietz, Director of Public Works, stated he would like to see a petition fromEogerLindenan to make sure the road will be built with this project. Anderson remarked, once the road is approved it will help Mr. Hines understand that this is going to happen. It makes sense to get the road petition moving. Roger Lindeman addressed the Commission. Stated he has lived in Eden Prairie all of his life. He would like to put the road in. He is willing to pay Mt. Hines a decent price for his property. He is willing to work with the City on this project and is willing to pay the price. He asked the Planning Commission for some help on this project. Fell asked about long term ownership. Lindeman answered, the body shop business is changing. People are driving high teat cars and want to go to a shop where their cars will be repaired properly. Lindeman stated he definitely plans on long term ownership. Fell asked about the sanitary sewer situation. Uram said holding tanks are used when there is no other alternative. Fell asked what the cost was. Utam didn't know the details. Fell stated the Commission should talk about all three issues - road extension, sanitary sewer and screening - before any decision is made. Anderson asked if they could get a road extension before they get the approval of the rest of the project with the Planning Commission prior to the City Council meeting. Uram said they have to approve the Whole project, or continue the whole project. Franzen suggested the developers look at ways to work out this project without acquiring the property. Sehuck asked the developers what they could Zo as it stands right now. The architect showed another way they could take care of the screening by moving the office from the corner of the building, moving the two overhead garage doors around so that they would be screened by Highway 1/169. Olson commented on the septic system. Schuak asked the developers to work on this and present it again at the next meeting. MOTION 1: Motion was made by Bye, seconded by Fell, to continue the public hearing to the August 24, 1987 meeting of the Planning Commission pending resolution by proponent of the issues raised in the Staff Report of August 7, 1987 and additional issues raised at this meeting - screening of the autos, sanitary sewer, screening of the overhead doors. Planning Commission Minutes -8- August 10, 1987 Hallett asked if they were recommending the roa d e x t e n s i o n w i t h o u t actually saying that. Addendum to the motion - Bye said the Planning C o m m i s s i o n e n c o u r a g e s the petition of the road. Hallett asked if Staff plans to tall( to Mr. Hines before the next meeting. Utam stated that Staff would contact M r . H i n e s . Motion carried 5-0-0. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-292 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SHADY OAK RIDGE 2ND ADDITION FOR JOE RUZIC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Shady Oak Ridge 2nd Addition for Joe Ruzic, dated October 20, 1987, consisting of 3.08 acres into four single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of December, 1987. Giry D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 1,51Z AREA LOCATION MAP STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Planning Commission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning November 6, 1987 Shady Oak Ridge 2nd Addition West of Old Shady Oak Road, north of Rowland Road Joe Ruzic 1. Zoning District Change from Rural to R-13.5 on 0.19 acres. 2. Zoning District Amendment within the R1-13.5 district on 2.88 acres. 3. Preliminary Plat of 3.08 acres into 4 single family lots. Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for development as Low Density Residential. The majority of this project site is part of the Shady Oak Ridge Addition, zoned R1-13.5 and approved by the Eden Prairie City Council in 1986. The proponent is currently requesting the platting of 4 single family lots, 3 of which were included on the original Shady Oak Ridge Addition preliminary plat. An additional lot will be platted to the north of Lot 5, Block 2, which involves the acquisition of property from the adjacent property owner. Site Plan/Preliminary Plat The proponent is requesting a plat of 3.08 acres into 4 lots. The property is currently zoned R1-13.5 having been approved by City Council action in 1986. The plat involves the replatting of Lots 5, 6, 7, and 8, Block 2, of the original plat. Shady Oak Ridge 2nd Addition 2 November 9, 1987 In order to accomplish this, the acquisition of approximately 0.19 acres from the property owner to the west was required. The only significant change from the original plan would be an additional lot classified as Lot 2, Block 1. The proposed grading plan depicts the site being graded from a high of 922 contour elevation to the low at the 884 contour elevation along the western property line. The proponent is indicating a slope of 2.5/1 which exceeds the City maximum. The plans will have to be revised to reflect a 3/1 maximum slope along the rear lot line. The proposed grading plan does not include the elimination of any significant trees on the site and all utilities are to be located within Shady Oak Ridge Road. No additional changes to the plans have been made. In addition, the proponent is replatting Lots 3 and 4, Block 1, which are the lots located adjacent Old Shady Oak Road. Plans indicate a wetland area to the west of this project which does not have an established 100-year floodplain elevation. City Code requires that all structures shall be placed at an elevation two feet above the 100-year flood frequency level. No building permits shall be released for Lots 3 and 4, Block 1, until a 100-year floodplain elevation has been established and the building pads meet all applicable requirements. STAFF RECOMMENDATIONS Staff would recommend approval of the project based upon plans dated October 20, 1987, subject to the Staff Report dated November 6, 1987, and subject to the following recommendations: 1. Prior to Council review, proponent shall: A. Modify the grading plan to reflect a maximum 3/1 slope on Lots 1 and 2, Block 3. B. Provide proof of ownership of the proposed acquisition of property from the adjacent property owner. 2. Prior to Building permit issuance, proponent shall pay the appropriate Cash Park Fee. 3. Prior to the release of any permits for Lots 3 and 4, Block 1, the 100-year floodplain elevation must be established. Eden Prairie Planning Commission November 9, 1987 rage Nine C. SHADY OAK RIDGE 2ND ADDITION, by Joe Ruzic. Request for Zoning District Change from Rural to R1-13.5 on 0.19 acres. Zoning District Amendment within the R1-13.5 on 2.88 acres and Preliminary Plat of 3.08 acres into 4 single family lots. Location: West of Old Shady Oak Road, north of Rowland Road. A public hearing. Eden Prairie Planning Commission November 9, 1987 Page Ten Ron Krueger, representing Joe Ruzic requested approval for plat of 3.08 acres into 4 lots. Uram reported this is a replat of the Shady Oak Ridge original plat and recommended approval based on staff recommendations on page 2 of the Staff Report. Prior to release of permits, floodplain elevations must be established. Proponent responded they will be working with City Engineers on that issue. Hallett inquired of tree inventory on this proposal. Uram informed Commission the original Shady Oak Ridge project in 1984 proposing townhomes, was not required to submit tree inventory. Proponent responded that in the second addition, a tree inventory was conducted and trees replaced. Uram informed Commission that the other agenda item addressing grading plan for the entire project has been withdrawn. Proponent, in reference to grading plan agenda item, stated it was unfavorable for approval and time did not permit revisions, and they were advised to withdraw at this time. Ruebling expressed concern of the hill and communicated to Commission they look at future proposals more careful to prevent this from happening again. MOTION 1: Motion was made by Bye and seconded by Hallett to close the public hearing. Motion carried 6-0-0 MOTION 2: Motion was made by Bye and seconded by Ruebling to recommend to the City Council approval of the request of Joe Ruzic for Zoning District Change from Rural to R1-13.5 on 0.19 acres, and Zoning District Amendment within the R1-13.5 District on 2.88 acres, all to be known as Shady Oak Ridge 2nd Addition, based on piano and written materials dated October 22, 1987, subject to the recommendations of the Staff Report dated November 6, 1987. Motion carried 6-0-0 MOTION 3: Motion was made by Bye and seconded by Ruebling to recommend to City Council approval of the request of Joe Ruzic for Preliminary Plat of 3.08 acres into four single family lots to Eden Prairie Planning Commission - November 9, 1987 - Page Eleven be known as Shady Oak Ridge 2nd Addition, based on plans and written materials dated October 22, 1987, subject to the recommendations of the Staff Report dated November 6, 1987. Motion carried 6-0-0 D. SHADY OAK RIDGE - REVISED GRADING PLAN, by Joe Ruzic. Request for grading plan revisions. Location: West of Old Shady Oak Road, north of Rowland Road. Proponents representative advised the planning commission that this proposal has been withdrawn. V. OLD BUSINESS None VI. NEW BUSINESS Franzen distributed documents submitted by Wooddale Church with plans for expansion. Before they spend additional time and expense, they are requesting Commission's feedback on this project. This will be a discussion item at the next meeting. They were advised by City Staff to meet with sub-divisions of Willow Creek and Golden Ridge Estates. Fell suggested that Planning Commission go to the creek area and bring a camera for documentation. When responding, these issues should be addressed separately: 1) Purgatory Creek; 2) Fillippe Grading; 3) Staff Report Facts. Hallett suggested Staff begin to prepare a long range plan and determine what will go in the southwest Eden Prairie area for the next five years. This will prepare and strengthen City and Planning Commission decisions. The time is right for a framework describing arrangement of the land uses. VII. PLANNER'S REPORT VIII. ADJOURNMENT Meeting adjourned at 10:49 PM. Motion was made by Bye and seconded by Dodge. Respectfully submitted, Sue Masear Anderson 7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-312 RESOLUTION APPROVING THE PRELIMINARY PLAT OF JENKINS ADDITI O N F O R JOHN JENKINS BE IT RESOLVED, by the Eden Prairie City Council as follow s : That the preliminary plat of Jenkins Addition for John Jenk i n s , d a t e d S e p t e m b e r 3 0 , 1987, consisting of 5.61 acres into two lots and one outlo t , a c o p y o f w h i c h i s o n file at the City Hall, is found to be in conformance with th e p r o v i s i o n s o f t h e E d e n Prairie Zoning and Platting ordinances, and amendments t h e r e t o , a n d i s h e r e i n approved. ADOPTED by the Eden Prairie City Council on the 1st day of D e c e m b e r , 1 9 8 7 . Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 3,(A PROPOSED SITE AREA LOCATION MAP STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: November 6, 1987 PROJECT: Jenkins Addition LOCATION: North of Research Road, east of Mitchell Road APPLICANT/ FEE OWNER: John Jenkins REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 5.61 acres. 2. Preliminary Plat of 5.61 acres into 2 lots and 1 outlot. Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for development as Low Density Residential. Surrounding land use designations within this area include Low Density Residential to the north, east, and west, and Public Open Space to the south. Specific land uses include Ridgewood West zoned RI-13.5 to the north and east, the proposed Starrwood Addition, zoned R1-13.5 to the west; and Research Road and Starring Lake Park to the south. The proponent is requesting a preliminary plat of a 5.61-acre tract into 2 lots and 1 outlot. Site Plan/Preliminary Plat The site plan depicts a division of a 5.61-acre tract into 2 lots and 1 outlot. The proponent is requesting the R1-13.5 zoning district in which all of the lots meet the minimum requirements. Lot sizes range from 29,743 square feet for Lot I to 33,567 square feet for Lot 2. The Jenkins Addition 2 November 9, 1987 remaining outlot on which there is an existing home contains 152,891 square feet or 3.51 acres. Access to this site would be provided from Research Road and Flesher Circle which is located on the property line between the Jenkins Addition and the Starrwood Addition. The proponent is dedicating the 25 feet of right-of-way required for the completion of Flesher Circle. Because Research Road is currently unimproved, the proponent will be required to sign a special assessment agreement for the upgrading of Research Road. Access to the individual home sites would be by a 50-foot private road easement located along the northern property line which is the location of the existing driveway. A cross-access agreement is required with this private road easement. Grading/Utilities This site slopes in a southwesterly direction from a high point in the northeast corner at the 890 elevation to a low point adjacent Research Road at the 824 contour elevation. Because the driveway and the existing home have set building elevations, there are minor amounts of grading to allow for the construction of the two building pads and the construction of Flesher Circle. Both building pads are designed as walk-outs which take into consideration the slopes on the site. There are 464 caliper inches of significant trees on-site, none of which are to be removed with this development. The proponent will be required to place snow fencing around the wooded areas. All utilities are located in Research Road. There is a 12-inch watermain and the proposed Red Rock Interceptor to be located within Research Road. As the plans depict, there will be two manholes with pipe extensions across Research Road to provide utility service to this property. The proponent has indicated four sanitary sewer services along the north side of the street. Two of the services would be for Lots 1 and 2 while the other two services are provided for the future subdivision of the 3.61-acre tract. In addition, the existing house will have to connect to sanitary sewer when the septic system fails. Finally, with the exception of the outlot dedication, this subdivision is subject to the conditions stated in a letter dated October 23, 1987, from Mr. Carl J. Jullie, City Manager, to Mr. Frank Cardarelle (see attached). STAFF RECOMMENDATIONS Staff would recommend approval of the request for Preliminary Plat of 5.61 acres into 2 lots and 1 outlot, based on plans dated October 29, 1987, subject to the recommendations of the Staff Report dated November 6, 1987, letter dated October 23, 1987, and subject to the following conditions: 1. Concurrent with Final Plat, proponent shall submit a cross-access agreement for Lots 1 and 2, and Outlot A. 2. Prior to Building permit issuance, proponent shall pay the appropriate Cash Park Fee. 3. Prior to the release of the Final Plat, proponent shall enter into a special assessment agreement with the City of Eden Prairie for the upgrading of Research Road. CITY OFFICES 17600 EXECUTIVE DRIVE / EDEN PRAIRIE, MN 55344-2499 / TELEPHONE (612) 937.226 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 following is my r e s p o n s e t o your concerns. Sewer Hook-up: The Metro Waste Control Commission will det e r m i n e w h e n connEffEns can be made to their Interceptor sewer pipe whic h i s y e t t o b e constructed. It seems reasonable to assume that when the pipe i s c o m p l e t e d past the point where your connection will be made that they w i l l a l l o w s u c h connection even though the balance of the pipe upstream is not c o m p l e t e d . T h e City Engineering staff will determine when the lateral sewer sys t e m s y o u w i l l be building are ready for individual sewer hook-ups. Feasibility Report For Riverview Road and Mitchell Road: The Ci t y E n g i n e e r has been directed to TiOude the ResearcE —Roao project -7F the Feasibility report already initiated for Mitchell Road. At this time it is n o t p o s s i b l e t o say exactly when this Feasibility report will be considered by the C o u n c i l , b u t probably not until February or March of next year. It is po s s i b l e t o e x p e c t completion of the base course on the roadways by October/No v e m b e r o f 1 9 8 8 . This project will involve substantial cost to the City and w e h a v e n o t y e t identified a funding source. Occupancy of homes in you subdivis i o n w i l l b e t i e d to having proper road access, bitumious base or a very stable gra v e l b a s e w i l l be required prior to occupancy of homes. Developer Builds Road In Lieu of Assessments: It is possibl e f o r t h e Developer to 01 -FT fLITT:WiEh section of Research Road over a portion of the frontage in lieu of Special Assessments under a City proj e c t . I t s e e m s , however, that it would be much better to have a single contrac t f o r t h e e n t i r e project rather than splitting it up. You should work with Ge n e D i e t z i f y o u wish to pursue this idea. Outlot Dedication: The Planning staff indicates that the pond in O u t l o t 8 is designated by the DNR as public waters, and therefore the C i t y ' s S h o r e l i n e Ordinance applies. This means that the 150 foot setback is re q u i r e d i n o r d e r to plat the lots adjacent to these public waters. Dedication 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 concerns we discussed. Sinceretc)( (\. , Carl J. Uullie City Manager CJ:pb cc: Gene Dietz rhric Pnnor MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, November 9, 1987 City Council Chambers 7:30 PM MEMBERS PRESENT: Chairman Ed Schuck, Charles Ruebling, Robert Hallett, Julianne Bye, Douglas Fell, Christine Dodge MEMBERS ABSENT: Richard Anderson STAFF PRESENT: Michael Franzen, Senior Planner; Don Uram, Assistant Planner; Sue Anderson, Recording Secretary Pledge of Allegiance -- Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Ruebling and seconded by Bye to approve the agenda as printed. Motion carried 6-0-0 ( II. MEMBERS REPORTS None III. MINUTES Chairman Schuck requested a motion for approval of minutes of the October 26, 1987 meeting. Commissioner Hallett requested a change in the minutes on page 9, paragraph 1, to read "parking lot at Eden Point Project that is totally..." in lieu of "parking lot at Wilson Learning Center that is totally...". MOTION: Motion was made by Bye and seconded by Fell to approve the minutes of the October 26, 1987 Planning Commission meeting as presented and changed. Motion carried 4-0-2 IV. DEVELOPMENT PROPOSALS A. JENKIN'S ADDITION, by John Jenkins. Request for Zoning District Change from Rural to R1-13.5 on 5.61 acres, and Preliminary Plat of 5.61 acres into 2 lots and one outlot. Location: North of Research Road, south of Ridgewood West. A public hearing. Eden Prairie Planning Commission - November 9, 1987 - rage Two Frank Cardarelle, surveyor, representing John Jenkins-proponent, (present) set forth the request of R1-13.5 zoning district for 2 lots and one outlot. Size for Lot 1 is 29,743 sq.ft., and 33,567 sq.ft. for Lot 2. The outlot, where there is presently a home, is 152,891 sq.ft. or 3.51 acres. No variances are required, and utilities and water are located in Research Road. Don Uram, Assistant Planner, recommended approval by the Commission subject to conditions on page two of the Staff Report referring to special assessment agreement for upgrading Research Road and all recommendations in Carl Jullie's letter dated 10-23-87. Responding to public hearing, Terry Kukla, 8806 Knollwood Drive, summarized concern 1) if driveway presently on lot will remain or become a public street; 2) what are the limitations on the height of a dwelling; 3) his view of Staring lake will be lost from his home. Proponent replied that the property is 15 to 20 feet below Kukla's home. Uram responded that maximum height in accordance with city code is thirty feet from driveway level. Proponent believes it will not block Kukla's view of lake. Commissioner Hallett suggested Kukla visit with Cardarelle and look closer at site lines. Resident was advised he could be heard again at City Council meeting. Bob Dehler, 8810 Knollwood Drive, stated concern 1) sewer and water and where is it coming from; 2) on what basis does Commission accept the project; 3) can they build before nanitary sewers are installed; 4) how can they access area to develop when roads are poor condition. In reference to basis of project, Staff replied the land is guided for Low Density Residential and zoned rural. The current project is consistent with the guide plan zoning classification and adjacent land uses. Developer can build on the property but sanitary sewer must be in place before occupancy of dwelling. Connection will be from sanitary sewer trunk on Research Road. Just to the west is Starrwood Development where water system will pass through and continuing on to Research and Mitchell Road. The roads shall be upgraded, subject to the contents of the feasibility report. Road improvements will be concurrent with this project. Proponent reiterated Uram's statement that it is their intention to upgrade roads. Chair Schuck suggested Dehler speak with proponent to clarify specifications of the project. Eden Prairie Planning Commission - November 9, 1987 Page Three MOTION 1: Motion was made by Bye and seconded by Fell to close public hearing. Motion carried 6-0-0 MOTION 2: Motion was made by Bye and second by Fell to recommend to the City Council approval of the request of John Jenkins for Zoning District Change from rural to R1-13.5 for 5.61 acres to be known as the Jenkins Addition, based on plans dated October 29, 1987, subject to the recommendations of the Staff Report dated November 6, 1987. Motion carried 6-0-0 MOTION 3: Motion was made by Bye and seconded by Fell to recommend to the City Council approval of the request of John Jenkins for Preliminary Plat of 5.61 acres into two lots and one outlet to be known as the Jenkins Addition, based on plans dated October 29, 1987, subject to the recommendations of the Staff Report dated November 6, 1987. Motion carried 6-0-0 38881 38882 38883 38884 38885 38886 i"8887 _ j8888 38889 38890 38891 38892 38893 38894 38895 38896 38897 38898 38899 38900 38901 38902 38903 38904 38905 38906 38907 38908 38909 38910 38911 18912 METRO PRINTING INC UNIFORMS UNLIMITED FEDERAL RESERVE BANK COMMISSIONER OF REVENUE ICMA RETIREMENT CORP THE GREAT WEST LIFE ASSURANCE CO PERA INTERNAT'L UNION OF OPERATING ENG EXECUTIVE DIRECTOR PERA UNITED WAY CITY-COUNTY CREDIT UNION NORWEST BANK - HOPKINS LAKE COUNTRY CHAPTER OF ICB0 AT&T CONSUMER PRODUCTS DIV DANNY BURKE CAPITOL CITY DISTRIBUTING CO CASH GRIGGS COOPER & CO INC JOHNSON BROS WHOLESALE LIQUOR NSP NORTHWESTERN BELL TELEPHONE CO PAUSTIS & SONS CO ED PHILLIPS & SONS CO PRIOR WINE CO QUALITY WINE CO THORPE DISTRIBUTING CO SHARON WISER CLINT ANDERSON RONALD MARKGRAF JOHN STEVENSON COSTECO TIRE TOWN DECEMBER 1,1987 38861 INDEPENDENT SCHOOL DISTRICT 38862 NORTHWESTERN BELL 38863 AT&T 38864 ROBIN ABRAHAM 38865 JAMIE COSTELLO 38866 JOHN SHANNON 38867 DERWOOD TWIGG 38868 CYNTHIA ANDERSON 38869 LISA ESPINOSA 38870 CORY SHANNON 38871 VOID OUT CHECK 38872 =TOO 38873 MAILBOXES ETC. 38874 PETTY CASH 38875 COMMISSIONER OF REVENUE 38876 COMMISSIONER OF REVENUE 38877 AMERICAN LINEN SUPPLY CO 38878 EDEN PRAIRIE TRASHTRONICS 38879 ELK RIVER CONCRETE PRODUCTS 38880 KRAEMER'S HOME CENTER 272 VAN DRIVER FEE - SENIOR CENTER SERVICE SERVICE REFUND - EXERCISE CLASS REFUND - EXERCISE CLASS REFUND - SKATING LESSONS REFUND- SWIMMING LESSONS REFUND - SKATING LESSONS REFUND - SKATING LESSONS REFUND - SKATING LESSONS SUPPLIES-ROUND LAKE CONCESSION POSTAGE - COMMUNITY CENTER PETTY CASH OCTOBER '87 SALES TAX OCTOBER '87 FUEL TAX SUPPLIES - LIQUOR STORE OCTOBER '87 TRASH DISPOSAL EQUIPMENT REPAIRS - SEWER DEPT -BATTERIES/TAPE/CLOTHESLINE/GAS STABILIZER -SPRAYER/TWINE/NOZZLE/SHEETING-WATER DEPT/ STREET MAINTENANCE FORMS - POLICE DEPT UNIFORMS - FIRE DEPT PAYROLL 11-13-87 PAYROLL 11-13-87 PAYROLL 11-13-87 PAYROLL 11-13-87 PAYROLL 11-13-87 PAYROLL 11-13-87 PAYROLL 11-13-87 PAYROLL 11-13-87 PAYROLL 11-13-87 PAYROLL 11-13-87 CONFERENCE -BUILDING DEPT SERVICE REFUND - SKATING LESSONS WINE CHANGE FUND - COMMUNITY SERVICES LIQUOR LIQUOR SERVICE SERVICE WINE LIQUOR WINE LIQUOR WINE REFUND - SKATING LESSONS SERVICE - POLICE DEPT SERVICE - POLICE DEPT SERVICE - POLICE DEPT SUPPLIES - ROUND LAKE CONCESSION -SUPPLIES-STARING LAKE PARK/INNER TUBES- ROUND LAKE MARINA 3.60 2803.65 352.51 22.65 21.75 19.00 18.00 22.00 19.00 23.00 0.00 200.00 13.42 68.49 25014.65 350.03 8.88 412.50 50.22 217.90 101.00 598.50 43397.94 11661.91 1008.48 4534.00 90.00 805.00 22862.70 158.88 925.13 800.00 85.00 10.65 13.60 43.40 25.00 9046.23 9209.61 13734.04 1000.19 322.80 9388.02 625.17 5266.90 17.10 20.00 50.00 50.00 50.00 320.00 290.00 16615240 DECEMBER 1,1987 38913 38914 (: 38915 38916 38917 38918 38919 38920 38921 38922 38923 38924 38925 38926 38927 38928 38929 38930 38931 38932 38933 38934 38935 38936 38937 38938 38939 38940 ( 1941 -38942 38943 38944 38945 38946 38947 38948 38949 38950 38951 38952 38953 38954 38955 38956 38957 38958 38959 38960 38961 38962 38963 38964 38965 q8966 3967 AT&T OONSUMER PRODUCTS DIV PRESERVE BEN FRANKLIN HOPKINS POSTMASTER DOUGLAS EDWARD ANDREWS LANCE BRACE DUANE CABLE SPENCER L CONRAD GENE E DAHLKE RICHARD R DEATON LARRY DOIG FRANKLIN PAUL ELLERING GEORGE ESBENSON CHARLES FERN DAVID GILMORE CHARLES A GOBLE ROBERT R GRANT RICK HAMMERSCHMIDT ROBERT HAUGEN JOHN T H)BBS WALTER C JAMES JAIMES GLENN JOHNSON MICHAEL W JOHNSON RONALD JOHNSON DAVID T KING PENNY ELLEN KING MARVIN A LAHTI MAILAND EARL LANE BRADLEY E LARSON JAMES W LINDGREN LOWELL D LUND BRIAN GILL MCGRAW REGAN L MASSEE PHILIP MATHIOWETZ JAMES LEE MATSON GARY LEE MEYER THOMAS MONTGOMERY CURTIS OBERLANDER KATHLEEN O'CONNOR KEITH ANDREW OLSON WANDA OVERBEY JOHN EDWARD PAFKO JAMES PELTIER TIMOTHY JOHN PELTIER DOUGLAS LEE PLEHAL JERRY PRODOEHL GARY LEE RADTKE JOHN D RIEGERT JOHN D ROCHFORD MICHAEL JOHN ROGERS TIMOTHY A SATHER CHARLES SCHAITBERGER GERALD M SCHWANKL SCOTT GERALD SCHRAM LEE ALLEN SCHNEIDER JAMES OLIVER SHAW SERVICE SUPPLIES - SENIOR PROGRAMS POSTAGE METER - CITY HALL FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS 6.75 21.34 5000.00 750.00 605.00 570.00 1990.00 1105.00 1680.00 609.00 575.00 1404.00 1055.00 840.00 1690.00 1260.00 1320.00 1105.00 1435.00 785.00 1190.00 1062.00 3420.00 120.00 10.00 940.00 730.00 1065.00 670.00 1425.00 655.00 855.00 1860.00 1035.00 1575.00 1975.00 2530.00 2035.00 1210.00 1345.00 1655.00 1375.00 1655.00 2190.00 426.00 745.00 1325.00 1295.00 795.00 2140.00 2025.00 785.00 833.00 1355.00 970.00 6906209 '3 10d, DECEMBER 1,1987 38968 TODD SKATRUD 38969 JOHN J SKRANKA 38970 GENE R SPANDE 38971 MARC LEWIS THIELMAN 38972 RODNEY JAY UTING 38973 THOMAS D WILSON 38974 AABBEE/MAIDCO INC 38975 ACRO-MINNESOTA INC 38976 AIRLIFT DOORS INC 38977 ALDY GRAPHIC SUPPLY INC 38978 AMEX TIRE 38979 EARL F ANDERSON & ASSOC INC 38980 ARTSIGN MATERIALS CO 38981 ASPLUND COFFEE CO INC 38982 ASSOCIATED ASPHALT INC 38983 BATTERY & TIRE WAREHOUSE INC 38984 KELLY LYN BAUER 38985 BLACKS PHOTOGRAPHY 38986 LOIS BOETTCHER 38987 BOYUM EQUIPMENT INC 38988 LEE BRANDT 38989 ANDREA BROSCH 38990 BUSINESS FURNITURE 38991 CARGILL SALT DIVISION 38992 CARLSON & CARLSON ASSOC 38993 CARLSONS LAKE STATE EQUIP CO 38994 CLIMATE MAKERS INC 38995 CLUTS O'BRIEN STROTHER ARCHITECTS 38996 ROBERT W COMPTON INC 38997 CONSTRUCTION FABRICS INC 38998 CONTECH CONST PRODUCTS INC 38999 CORNERSTONE ADVOCACY SERVICE 39000 CRYSTALPLEX PLASTICS INC 39001 CUTLER-MAGNER COMPANY 39002 CURTIS INDUSTRIES 39003 VOID OUT CHECK 39004 DALCO 39005 OEM CON LANDFILL INC 39006 DIXIE PETRO CHEM INC 39007 DON EVE & SONS 39008 DOUGLAS CORP 39009 JENNIFER DRESSEN 39010 E P ROBINS DELI 39011 EARLS ART & DRAFTING SUPPLIES '9012 EDEN PRAIRIE CHAMBER OF COMMERCE ,3013 CITY OF EDINA FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS FIREMAN CALLS -CARPET & UPHOLSTERY CLEANING DUE TO JULY STORM DAMAGE - SENIOR CENTER OFFICE SUPPLIES DOOR REPLACED-COMMUNITY CENTER FILM/LETTERING-PLANNING DEPT & CITY HALL TIRE DISPOSAL-EQUIPMENT MAINTENANCE -PLAYSTRUCTURES-EDENBRCCK PARK& EDEN LAKE SCHOOL/PARK FILM-PLANNING DEPT CONCESSION STAND SUPPLIES-COMNITY CENTER BLACKTOP-STREET MAINTENANCE -LAMP/POWER STEERING FLUID/BROOMS/ICE -SCRAPERS/FUSES/WASHER FLUID/BATTERY -PROTECTORS/BULBS/SEALS/BATTERY/WHEEL -WEIGHTS/HOSES/WIPERS/WASHER PUMP- EQUIPMENT MAINTENANCE VOLLEYBALL OFFICIAL/FEES PD -FILM PROCESSING-WATER DEPT/POLICE DEPT/ PLANNING DEPT/FORESTRY DEPT/MUNICIPALS -PARK & RECREATION COMMISSION MEETING COMMUNITY SERVICES -CLAMPS/INTAKE TUBES/BALL SWIlaL/PAINT/ TUBE CARRIERS-SEWER DEPT HOCKEY OFFICIAL/FEES PD RACQUETBALL INSTRUCTOR/FEES PD TABLE-WATER DEPT SALT-STREET MAINTENANCE CONFERENCE-POLICE DEPT SPINDLE/TUBES-FORESTRY DEPT AIR COMPRESSOR REPAIRS-COMMUNITY CENTER SERVICE-SENIOR CENTER SERVICE-HOMEWARD HILLS PARK EROSION SUPPLIES-JULY STORM DAMAGE CULVERT BANDS-DRAINAGE CONTROL SERVICE FOR BATTERED WOMEN PLEXIGLASS-COMMUNITY CENTER QUICKLIME-WATER DEPT CLEANING SUPPLIES-WATER DEPT CLEANING SUPPLIES-COMMUNITY CENTER DUMPING CHARGES-STREET DEPT & PARKS DEPT CHLORINE-WATER DEPT SEED-STREET MAINTENANCE REFUND-OVERPAYMENT ON UTILITY BILL MILEAGE EXPENSES-CITY HALL OFFICE SUPPLIES-PLANNING DEPT EXPENSES-ASSISTANT CITY MANAGER OCTOBER 87 WATER TESTS 1690.00 1270.00 950.00 1885.00 744.00 740.00 112.57 835.70 775.00 80.65 114.00 7500.00 13.45 131.80 841.36 1536.13 40.50 584.70 31.00 1612.86 202.50 58.00 449.00 677.45 295.00 184.09 306.40 3836.64 2575.00 122.40 15.81 1500.00 220.00 3285.63 240.28 0.00 235.79 102.00 820.00 90.00 7107.20 68.32 45.00 4.59 7.00 103.50 4404032 DECEMBER 1,1987 LEASE AGREEMENT - WATER DEPT 60.00 FAN COVER FOR MOTOR-WATER DEPT 138.08 NOVEMBER 87 EXPENSES 165.00 SERVICE-SENIOR CENTER REMODELING 4238.00 SUPPLIES-LIQUOR STORE 523.24 REFUND-BUILDING PERMIT 2050.00 MILEAGE 109.00 NOVEMBER 87 EXPENSES 165.00 HOCKEY OFFICIAL/FEES PD 80.00 RADIO REPAIRS-FIRE DEPT/STREET DEPT 347.32 39 TIRES-EQUIPMENT MAINTENANCE 2509.31 LAB SUPPLIES-WATER DEPT 86.82 FLUORIDE-WATER DEPT 104.87 -LIMESTONE-STREET DEPT/PARK DEPT/JULY 2602.65 STORM DAMAGE -WINDSHIELDS & DOOR GLASS-EQUIPMENT 375.23 MAINTENANCE SERVICE-PLANNING DEPT 74.00 WASTE DISPOSAL-FORESTRY DEPT 125.00 MOTOR REPAIRS-ICE ARENA 138.46 HOCKEY OFFICIAL/FEES PD 93.00 CASH REGISTER TAPE-COMMUNITY CENTER 65.88 -ELECTRICAL PROTECTION MOTORS INSTALLED IN 990.00 WELL HOUSES - WATER DEPT -OCTOBER & NOVEMBER 87 MAINTENANCE 179.16 AGREEMENT STARTER REPLACED IN FIRE TRUCK-FIRE DEPT 608.32 -OFFICE SUPPLIES/FILES/BOOKCASE-WATER 881.12 DEPT-FILE/BOOKCASE-WATER PLANT ADDITION OCTOBER & NOVEMBER 87 EXPENSES 643.48 -TIMBERS/PLYWOOD-STREET DEPT/PARK DEPT/ 1804.72 SENIOR CENTER BALL CARRIER-ORGANIZED ATHLETICS VOLLEYBALL & BASKETBALL OFFICIAL/FEES PD RESCUE EQUIPMENT-FIRE DEPT 4 WAY VALVE-WATER DEPT NOVEMBER 87 EXPENSES SUPPLIES-LIQUOR STORE -JULY/AUGUST & SEPTEMBER 87 SERVICE- COMMUNITY CENTER LITIGATION COVERALLS-EQUIPMENT MAINTENANCE OCTOBER 87 SERVICE DUMPING CHARGES-STREET MAINTENANCE -TIMBERS/PLYWOOD-PARK DEPT/COMMUNITY CENTER/JULY STORM DAMAGE -SHOP PRESS/CABINET/ADAPTORS/SOCKETS/ -RAIL/WRENCH HOLDERS/SIDE CUTTERS- EQUIPMENT MAINTENANCE 4 CHAIRS-PLANNING DEPT & ASSESSING DEPT OCTOBER 87 SAC CHARGES CONCESSION STAND SUPPLIES-COMMUNITY CENTER BLACKTOP-STREET MAINTENANCE OFFICE PANEL - CITY HALL SPECIAL COUNCIL MEETING MINUTES NOVEMBER 87 PAGER SERVICE-WATER DEPT 39014 C & NW TRANS CO 39015 ELECTRICAL MECHANICAL SERVICES IN 39016 CHRIS ENGER 39017 ENGO GENERAL CONTRACTORS 39018 FOUR STAR BAR & RESTAURANT SUPPLY 39019 FRONTIER MIDWEST HOMES CO 39020 LYNDELL FREY 39021 JOHN FRANE 39022 DARRELL GEDNEY 39023 GENERAL COMMUNICATIONS INC 39024 GOODYEAR TRUCK TIRE CENTERS 39025 W W GRAINGER INC 39026 HACH CO 39027 HARDRIVES 39028 HARMON GLASS 39029 HENNEPIN COUNTY TREASURER 39030 HENNEPIN COUNTY TREASURER 39031 HCLMSTEN ICE RINKS INC 39032 MICHAEL J HOSTETLER 39033 HUGIN SWEDA INC 39034 IDEAL ELECTRIC COMPANY 39035 INTL OFFICE SYSTEMS INC 39036 INTERSTATE DIESEL PRODUCTS INC 39037 JM OFFICE PRODUCTS INC (-.19038 CARL JULLIE 39039 JUSTUS LUMBER CO 39040 KOKESH ATHLETIC SUPPLIES INC 39041 MARY KOTTKE 39042 LAB SAFETY SUPPLY 39043 LAKELAND ENGINEERING EQUIPMENT 39044 ROBERT LAMBERT 39045 LANCE 39046 LANG PAULY & GREGERSON LTD 39047 LEEF BROS INC 39048 LOGIS 39049 LOUISVILLE LANDFILL INC 39050 LYMAN LUMBER COMPANY 39051 MIKE MARUSHIN 39052 METRO SYSTEMS FURNITURE 39053 METROPOLITAN WASTE CONTROL COMMIS 39054 MIDLAND PRODUCTS CO 39055 MIDWEST ASPHALT CORP 39056 HERMAN MILLER INC 19057 JODI L MILLER 4068 MINNESOTA COMMUNICATIONS CORP 19.96 48.00 277.93 237.71 165.00 66.40 4646.25 80.29 5528.13 72.00 350.47 3936.00 464.60 100519.65 428.76 492.24 131.60 278.38 51.50 13695253 DECEMBER 1,1987 39059 MN BLUEPRINT 39060 MINNESOTA SUBURBAN NEWSPAPERS INC 39061 M-V GAS COMPANY 39062 MINNESOTA VALLEY ELECTRIC CO-OP 39063 MOTOROLA INC 39064 MURRAY SANDLER SKATE & SPORT SUPP 39065 MY CHEESE SHOP 39066 NATIONAL SCREENPRINT 39067 OAK PARK BUSINESS CENTER 39068 OFFICE PRODUCTS 39069 ORION RESEARCH INC 39070 PACE LAEORATORIES INC 39071 PERSONNEL DESISIONS INC 39072 CONNIE L PETERS 39073 PLANT EQUIPMENT INC 39074 DOUGLAS LEE PLEHAL 39075 Pt S SERVICE CORP 39076 POMMER COMPANY INC 39077 W J EBERTZ 39078 MARV POST 39079 PRAIRIE HARDWARE 39080 PRAIRIE LAWN & GARDEN 39081 PRINT SHACK 39082 R & R SPECIALTIES INC 9083 ROAD MACHINERY & SUPPLIES CO 39084 ROAD RESCUE INC 39085 ST PAUL BOOK & STATIONERY CO 39086 BETH SAUGEN 39087 ERIC SAUGEN 39088 PATRICK SCHISSEL 39089 KEVIN SCHMIEG 39090 DALE SCHMIDT 39091 VOID OUT CHECK 39092 SHARON MORGANS NOVELTIES 39093 SNAP ON TOOLS CORP 39094 SNYDER DRUG STORES INC 39095 SOUTHWEST SUBURBAN PUBLISH INC 39096 SFS COMPANIES 39097 STATE TREASURER 39098 RAYMOND & EDITH STODOLA 39099 STS CONSULTANTS LTD 39100 SULLIVANS SERVICES INC 39101 SUN ELECTRIC CORP 39102 NATALIE SWAGGERT 39103 TENNESSEE CHEMICAL CO 39104 TITLE SERVICES '9105 TURF SUPPLY 00 3106 TWIN CITY OXYGEN CO PRINTS-PLANNING DEPT ADS-LIQUOR STORE SERVICE SERVICE INSTALLATION OF RADIOS-FIRE DEPT SKATE LACES & TONGUES - ICE ARENA EXPENSES-FIRE DEPT T-SHIRTS-COMMUNITY CENTER REFUND-OVERPAYMENT ON UTILITY BILL CALCULATOR-LIQUOR STORE LAB SUPPLIES-WATER DEPT SERVICE-WATER TREATMENT PLANT ADDITION SERVICE-COMPARABLE WORTH STUDY MILEAGE PLUG VALVE-WATER DEPT BLACKTOP TENNIS COURTS-EDDIBROOK PARK CLEANING SUPPLIES-CITY HALL TROPHY-ORGANIZED ATHLETICS -SERVICE-HOMEWARD HILLS PARK/WILLOW PARK/ EDEN LAKE PARK TIRE REPAIR-EQUIPMENT MAINTENANCE -PAINT/BRUSHES/BATTERIES/SMOKE DETECTORS/ PENS-FIRE DEPT -COMPRESSOR REPAIRS-PARKS DEPT& COMMUNITY CENTER PRINTING-FIRE DEPT & HISTORICAL CULTURE -ZAMBONI BLADES SHARPENED/BLADE BOLT KIT/ BAND-COMMUNITY CENTER THROTTLE CONTROL-EQUIPMENT MAINTENANCE RESCUE EQUIPMENT-FIRE DEPT -OFFICE SUPPLIES-COMMUNITY CENTER & SENIOR COMMUNITY CENTER VOLLEYBALL OFFICIAL/FEES PD VOLLEYBALL OFFICIAL/FEES PD BASKETBALL OFFICIAL/FEES PD SEPTEMER 87 EXPENSES EXPENSES-STREET MAINTENANCE SUPPLIES-LIQUOR STORE IMPACT GUN-EQUIPMENT MAINTENANCE -SUPPLIES-IMMUNITY CENTER & HISTORICAL CULTURAL COMMISSION EMPLOYMENT ADS-COMMUNITY CENTER CLEANING SUPPLIES-COMMUNITY CENTER OCTOBER 87 BUILDING PERMIT SURCHARGE LAND-EDEN VALLEY PARK SERVICE-WATER TREATMENT PLANT ADDITION PUMP TANK-SENIOR CENTER ENGINE REPAIRS-EQUIPMENT MAINTENANCE NOVEMBER 87 EXPENSES CHEMICALS-WATER DEPT -REFUND-DUPLICATE PAYMENT ON SPECIAL ASSESSMENTS FERTILIZER-PARK MAINTENANCE VALVE REGULATOR-EQUIPMENT MAINTENANCE 5.00 120.96 195.00 37.75 1950.00 212.25 52.28 232.20 1746.14 26.00 61.59 722.00 650.00 22.00 1828.00 24950.00 211.16 12.00 59767.09 60.00 147.05 76.40 116.65 90.95 208.06 63.00 457.16 270.00 324.00 30.00 165.00 9.00 0.00 73.35 99.95 7.34 18.00 23.06 7104.27 1200.00 1021.58 56.00 898.00 165.00 4593.80 267.70 3570.00 50.27 11396701 DECEMBER 1,1987 39107 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 568.78 39108 US FIGURE SKATING ASSOCIATION BADGES-COMMUNITY CENTER 370.25 f - 39109 UNLIMITED SUPPLIES INC BOLTS/NUTS/WASHERS-PARK MAINTENANCE 64.48 k 39110 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 134.83 39111 VESSCO INC CHLORINATOR/CHEMICAL FEEDER-WATER DEPT 223.26 39112 VICOM INC SERVICE 225.00 39113 ELVIS VOIGT REFUND-HOUSE MOVING DEPOSIT 385.15 39114 WATERITE INC -SHIELDS/DRAINS/BRACKETS/BCITS/NUTS/PIPE 893.62 REPAIR-COMMUNITY CENTER 39115 WATER PRODUCTS CO -POLYTUBE/NUT & HOSE SPANNER/CUTTER WHEEL/ 903.04 -BATTERY/PVC PIPE/PIPE LUSE -WATER DEPT/ DRAINAGE CONTROL 39116 SANDRA F WERTS MILEAGE & EXPENSES 39117 WESTERN DESIGN & PRINTING BUSINESS CARDS-FIRE DEPT 39118 WESTERN STATES FOREST PRODUCTS IN TREATED TIMBERS-EDEN VALLEY PARK 39119 WILSON TANNER GRAPHICS PRINTING-HUMAN RESOURCES/COMMUNITY CENTER 39120 ZAHL EQUIPMENT CO WHEEL DRUM-EQUIPMENT MAINTENANCE 39121 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-COMMUNITY CENTER 39122 ZIEGLER INC -SNOWPLOW BLADES/FLARES-EQUIPMENT MAINTENANCE 39123 AMERICAN PLANNING ASSN 1988 MEMBERSHIP DUES-PLANNING DEPT 39124 ATHERTCN ASSOC REFUND-OVERPAYMENT ON UTILITY BILL 39125 COMMISSIONER OF REVENUE LICENSE FEE-ASSESSING DEPT 39126 CORPORATE RISK MANAGERS INC NOVEMBER 87 INSURANCE CONSULTANT 39127 EDEN PRAIRIE FIRE DEPT CONFERENCE-FIRE DEPT 39128 IBM DECEMBER 87 MAINTENANCE AGREEMENT 39129 RONALD JOHNSON MILEAGE & EXPENSES 39130 KL ZAFFKE INC REFUND-WATER METER DEPOSIT 9131 LAYNE WESTERN CO REFUND-WATER METER DEPOSIT 39132 LMCIT LIABILITY INSURANCE-CITY HALL 39133 PHILIP MATHIOWETZ CONFERENCE-FIRE DEPT 39134 MIDWEST ASPHALT REFUND-WATER METER DEPOSIT 39135 MN REAL ESTATE JOURNAL SUBSCRIPTION-PLANNING DEPT 39136 MN STATE FIRE DEPT ASSN 1988 MEMBERSHIP DUES-FIRE DEPT 39137 NCJRS EXPENSES-POLICE DEPT 39138 NWTA 1988 MEMBERSHIP DUES-COMMUNITY CENTER 39139 OAK PARK BUSINESS CENTER REFUND-OVERPAYMENT ON UTILITY BILL 39140 CURTIS OBERLANDER MILEAGE & EXPENSES 39141 PENNER DEVELOPMENT REFUND-WATER METER DEPOSIT 39142 CATHY PERIA MILEAGE 39143 PLEHAL BLACKIOPPING INC BLACKTOP FOR TENNIS COURTS-EDENBROOK PARK 39144 PRCGRESSIVE CONTRACTING REFUND-WATER METER DEPOSIT 39145 SHADY BUSINESS REFUND-WATER METER DEPOSIT 39146 MARC THIELMAN CONFERENCE-FIRE DEPT 39147 KEITH WALL EXPENSES-POLICE DEPT 39148 DANA GIBBS PACKET DELIVERIES 39149 CITY OF BROOKLYN CENTER CONFERENCE-HUMAN RESOURCES 38621 VOID OUT CHECK 38668 VOID OUT CHECK 38669 VOID OUT CHECK 38709 VOID OUT CHECK 38814 VOID OUT CHECK 7620810 41.48 i 55.00 1 125.20 320.00 197.00 70.00 1680.77 336.00 1688.34 15.00 455.00 183.40 742.30 216.16 296.10 600.00 38720.00 125.60 527.23 69.00 165.00 11.00 15.00 699.84 231.98 292.97 7.13 24950.00 344.64 283.68 47.87 14.24 151.00 20.00 9.41- 365.00- 51.25- 234.58- 598.00- $606382.45 DISTRIBUTIONS BY FUND 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 CDBG FUND $606382.45 272011.93 3840.79 29831.80 22392.29 122629.25 2991.28 39143.59 101470.28 3996.60 8074.64 MEMORANDUM TO: FROM: ( SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jul I ie C Name Change and Uniform Change for Public Safety Department October 1, 1987 Over the past year certain management changes have be e n i m p l e m e n t e d i n t h e P u b l i c S a f e t y Department which have greatly broadened the base for d e c i s i o n - m a k i n g i n t h e d e p a r t m e n t . Primarily through a process of participatory manageme n t w e h a v e e n c o u r a g e d t h e s t a f f t o express their ideas and recommendations for maintaini n g g o o d m o r a l e a n d e f f e c t i v e w o r k habits. A process of "quality circle" involvement has b e e n u n d e r w a y f o r s e v e r a l m o n t h s and we are already seeing some significant benefits. A c o u p l e o f s u g g e s t i o n s c o m i n g f r o m within the staff of the Police Department relate to th e n a m e a n d u n i f o r m c h a n g e s w h i c h t h e Council discussed at our Budget Review meeting on Sept e m b e r 2 2 . The attached memos of June 26 and July 1 outline the r a t i o n a l e b e h i n d o u r r e q u e s t s f o r t h e name and uniform changes. The term "Public Safety Off i c e r " w h i c h w a s p o p u l a r i n t h e e a r l y 70'5 when our department was formed was intended to de s c r i b e o f f i c e r s w h o w o u l d b e b o t h police officers and firefighters. This never happened h o w e v e r b e c a u s e t h e s p e c i a l expertise and training requirements and time commitmen t s t o h o l d d o w n b o t h j o b s a t t h e same time are far too much. Accordingly, over the y e a r s t h e F i r e D i v i s i o n h a s b e c o m e t h e Fire Department with "Firefighters", and the Police D i v i s i o n h a s b e e n c a l l e d t h e P u b l i c Safety Department with "Public Safety Officers". Ou r r e c o m m e n d a t i o n a t t h i s t i m e i s t o make the changes requested by the staff so that both t h e f i r e a n d p o l i c e d i v i s i o n s c a n have the identities which they have long sought afte r a n d , i n e f f e c t , h a v e p r a c t i c e d f o r many years. In summary, our request is as follows: 1) Change the "Public Safety" designation for the Polic e D i v i s i o n to "Police Department". This will be consistent with t h e long used "Fire Department" designation. The positio n " D i r e c t o r of Public Safety" will be become "Chief of Police". B o t h t h e Police Chief and the Fire Chief will report directly t o t h e C i t y Manager. A primary benefit of this change will be more direct interchange between the City Manager and the Fire Dep a r t m e n t which has become a major City department of its own. A l s o , the Police Chief will be able to spend full-time on administrating our rapidly expanding and increasingly c o m p l e x Police Department. 2) Change the Police uniform shirts to those which will b e m o r e available, less costly, and consistent with those wor n b y 3 0 other departments in the metro area. Some changes to t h e u n i f o r m appurtenances are also needed. The extra one-time cos t t o t h e City for this change-over would be $9,000, which inc l u d e s $3,200 for modification to the badges. The Officers wo u l d p a y one-half of the cost of the shirt changes from thei r u n i f o r m allowance. It is recommended that the Council consider approval o f t h e s e r e c o m m e n d a t i o n s s u c h t h a t le uniform change-over can occur by January 1, 1988 w h e n t h r e e n e w p o l i c e o f f i c e r s w i l l ,e added. Perhaps the Council may find time to discuss t h i s i t e m a t o u r m e e t i n g n e x t Tuesday evening, otherwise we will schedule same for s o m e f u t u r e m e e t i n g a t t h e C o u n c i l ' s pleasure. CJJ:jdp Attachment June 26, 1987 TO: CAPTAIN CLARK FROM: SERGEANT BOSACRER SUBJECT: UNIFORM CHANGE PROPOSAL FOR 1988 BUDGET 1. At the request of several officers on the department, I began looking at the possibility of changing the uniform shirts currently in use by our department. Officers voiced a preference in changing from light blue to dark blue. As a result of this, a poll was conducted of all sworn personnel. The results showed that out of 30 officers, 27 were in favor of switching to dark blue versus 3 who were against. A committee was formed, charged with looking at this plus any other changes in our present uni- form. Rationale for changing at this time is as follows: A. Availability - historically our officers have had an extremely hard time in obtaining shirts. The particular design of our current shirt (light blue with dark pocket flaps and epilets) requires that they be specially made. We are the only police officers in this area currently using these shirts and thus the uniform supplier does not stock a regular supply. This problem also limits the officers' choices as to where shirts can be purchased. The dark blue shirt, on the other hand, is very available through local suppliers. This type of shirt is currently used by 30 police departments in the metropolitan area out of 37 polled; a very large majority. B. Recognition - with the large number of police departments in our area and in the country who wear the dark shirt, the general public has come to recognize this as a police uniform. We have people moving into our community daily from all parts of the country. These people may not have ever beard of the term "Public Safety Officer", but do recognize the dark blue uniform as that of a police officer. Officers of our department have, in the past, been mistaken for security guards especially at the Eden Prairie Center. C. Cost - the cost to change over from light blue to dark blue would be $31.95 each for long sleeved shirts and $28.95 each for short sleeved shirts. To issue each sworn patrol officer six of each (long and short sleeved), twelve total, would cost $7 ,673.40. To issue each police administrator and investigator three of each, six total, would cost $1,827.00. Total cost for both groups would be $9,500.40. In 1987, three new officers were added to the depart- ment all receiving an initial issue of two-tone shirts. By making a switch to dark blue shirts tentatively between 1/1/88 and 2/1/88, there would not be any additional monies wasted in re-issuing to new officers starting next year, which I understand could be as high as seven new officers. As the department grows, which has been the trend, it cannot help but become more expensive to switch over if we wait. 3 19-) -2- 2. While looking at our present uniform, an interest has also been voiced in the possibility of making an addition to the shoulder patch. Nowhere on our patch, or uniform for that matter, will you find the word "Police". Again, with the rapid influx of new residents, we run into the recognition problem with the term "Public Safety Officer". A change could be accomplished without a major redesign of the patch. This would prevent confusion on the part of long time residents who recognize the current patch. Included is a sample of three possible designs which for the most part just include the addition of the word "Police". In checking with our uniform supplier, Uniforms Unlimited, I found that the cost would be no more than what we currently pay per patch, $2.10 each. We would, however, need to order approximately 1000 patches to have enough for new and old uniforms at a cost of $2,100.00. 3. Other changes relating to the uniform as proposed by the committee include; changing the tie currently used by female officers in winter uniform to the same tie used by male officers. Rationale for this is based on uniformity, officer preference (two female officers for switch, one for current tie) and appearance (or disappearance) of current tie on a dark blue shirt. We believe that change is somewhat inevitable in everything. Our present uniform haa been in existence since the department was formed with no change. Our community, however, and law enforcement has been changing. The term "Police" is no longer the dirty word it once was coming out of the 1960's. A community wants to feel secure and a strong law enforcement pre- sence can instill this. For this reason and the other more practical ones cited earlier, we should make the proposed changes. COSTS 12 shirts for each patrol officer 6 shirts for each investigator/administrator TOTAL 1,000 patches @ $2.10/each 64 AsJCe OVER. TOTAL COST FOR 6WtTCN $ 7,673.40 1,827.00 $ 9,500.40 $ 2,100.00 $11,600.40 Recommend 1/2 the total cost, with officers purchasing additional shirts from uniform allowance. July 1, 1987 TO: CARL JULLIE FROM: KEITH WALL SUBJECT: NAME CHANGE FROM PUBLIC SAFETY DEPARTMENT TO POLICE DEPARTMENT Your authorization is requested to aeministratively change the "Public Safety" designation for the police division to "Police Department". This request is for a name change only and would be consistent with the long-used "Fire Department" designation. This change would not affect administration, operations or responsibilities of either the police or fire divisions which would continue to jointly provide Public Safety services. However, the proposed name change would remedy several ongoing concerns: (1) Confusion to citizens, especially visitors and new residents. Some are uncertain as to the meaning of Public Safety Officer and have thought they were dealing with a city inspector, fire fighter or city informational officer. (2) Confusion for other Public Safety agencies in our area as the term Public Safety Officer generally infers an employee with dual police and fire training and responsibility. (3) Identity concerns within our police and fire divisions as our police officers and fire fighters would prefer to be so iden- tified to their peers from other agencies. The proposed change would enable both divisions to enjoy identities that they have long sought and our sworn personnel can be proudly referred to as police officers. This proposed change would not affect in any way our long standing philosophies on excellence in police service and crime prevention or our public service attitude. The Police Department also would continue to provide administrative support to the Fire Department. I propose that the Director of Public Safety title be changed to Chief of Police. The Police Chief, under the direction of the City Manager, would continue to have the ultimate authority over all Public Safety issues. MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie C. SUBJECT: City Manager's Salary Adjustment DATE: November 25, 1987 The following supportive data regrding my salary review is herei n s u b m i t t e d for the Council's review and consideration. My last salary adju s t m e n t w a s $62,500 on January 1, 1987. City Manager salary information taken from the 1987 Twin Cities M e t r o A r e a Salary Survey by DCA Stanton Group: Bloomington $74,500 Brooklyn Park 71,400 Maple Grove 58,300 Plymouth 72,800 Minnetonka 74,675 Burnsville 57,000 Eagan 61,300 Edina 72,500 Richfield 63,000 Hopkins 48,400 St. Louis Park 70,000 Golden Valley 69,000 Coon Rapids 65,400 Fridley 61,500 Maplewood 60,600 Roseville 68,640 Crystal 70,700 Robbinsdale 65,300 New Hope 55,300 1987 Mean 65,280 1988 Mean (est. +4.0%) 67,890 The estimated 1988 Mean salary of $67,890 is very close to the m i d p o i n t ($68,058) of the salary range ($54,850 - $81,266) for the City M a n a g e r position as recommended by Arthur Young Assoc. for the City of E d e n Prairie. Salary Proposal Based upon the foregoing comparison with other metro area cities, t h e Arthur Young recommndations, and the recently completed performa n c e r e v i e w , I respectfully request that the City Council consider step salar y i n c r e a s e s as follows: a 5.0% increase effective January 1, 1988, plus a 3 . 6 % increase effective July 1, 1988. This will bring my salary to t h e $ 6 8 , 0 0 0 midpoint by next July. Thank you very much for your consideration and attention to this m a t t e r , and please advise if additional information is needed. CJJ:jdp TO: FROM: SUBJECT: DATE: Mayor and City Council ( City Manager Carl J. Jullie Per Diem for Councilmembers November 25, 1987 MEMORANDUM Section 2.05 of the City Code states that in addition to their regular salaries, "...the Mayor and each Councilmember shall be paid a reasonable sum for each day plus the reasonable expense incurred while traveling outside the City on business of the City." In response to this, the Council may wish to consider approving the following policy with respect to such per diem payments for attendance at City-business related meetings outside the City: $25 each for meetings covering 2 - 4 hours; $50 each for meetings over 4 hours; or $50/day maximum. Councilmembers would submit their claim to the City Manager for inclusion on the following regular claims list. CJJ:jdp ontewilrdth Is ... .4.n.° 941.1 erAtfivss November 29, 1987 Mr. Steve Keefe Metropolitan Council Chair Metropolitan Council 300 Metro Square Building St. Paul, MN 55101 Re: ERC decision to recommend the expansion of Flying Cloud Landfill Dear Mr. Keefe: In discussing the November 18 Environmental Resource Committee meeting with neighbors, we felt that the interests of the citizens of Eden Prairie were not given much consideration. We also feared that perhaps the outcome of the meeting was predetermined. It astonished us to see there was virtually no discussion of some critical matters we brought up. Mr. Keefe, we are very worried about the public remark you made in the Pioneer Press, October 21, 1987; "I am delighted to tell you, we now believe we have enough landfill capacity to last well into the next century." When I spoke with you on the phone regarding this, you did confirm that this statement assumed you would get the expansion. How can you assume the outcome of a situation before it occurs? It seems to me a good committee decision is made only after carefully weighing all the facts and discussing them. It appeared very obvious to us that you came in with your decision already made and sought to impose it on the others. Also, we were shocked to witness the committee's willful disregard for their own Solid Waste Policy Plan. Since this recommendation will come before the full Met Council December 4, the City of Eden Prairie and the citizen's association will submit position papers. We ask you to recon- sider your position and evaluate this information. Recommending an expansion of 5,400 acre feet for 30 years on top of, and adjacent to a badly contaminated landfill of 17 'years and 6,400 are feet'is utterly shortsighted. :Idn't it Mr. Steve Keefe -2- November 29, 1987 time we look for a long term solution to the garbage problem? The City of Eden Prairie and it's citizens are prepared to fight this expansion all the way. I strongly urge you to seek alternatives for Hennepin county's garbage. Sincerely, Susan Varlamoff Chair - Environmental Committee of the Homeward Hills Homeowners Assoc. SV:dsd cc: Rudy Perpich - Governor Hubert H. Humphrey, III - Attorney General Randy Johnson, Hennepin County Commissioner Don Storm, State. Representative Sidney Pauly, State Representative The Metropolitan Council Members The City of Eden Prairie Rick Rosow - City Attorney Grant Merritt, Merritt & Associates INOW11 November 29, 1987 Metropolitan Council Members 300 Metro Square Building St. Paul, MN 55101 Re: Homeward Hills Homeowners Association position on the Flying Cloud Landfill Expansion Dear Council Members: The permit request for the Flying Cloud Landfill will come before you for a vote December 4. We, The Environmental Committee of the Homeward Hills Homeowners Association, have outlined several important concerns we ask you to seriously consider when making your decision. 1. The landfill is polluting the groundwater and Minnesota River. The contamination is as bad as a hazardous waste dump. It is on the superfund for clean-up. The leachate plume is approximately 150 feet from an occupied home. (See attached sheet - The Scientists tell me...) 2. The clean-up system proposed is in serious question. We, the neighbors, are concerned that toxins are being trans- ferred from the water to the air that we breathe. 3. Browning FPrris Industries (BFI) owners of the landfill ) has broker :rust of the community. a. They promised they would close in 1982 in their original application. (See attached sileet #1.) As a result of this promise, homes were built adjacent to the landfill. There are approximately 700 within 1/2 mile of it. b. We have evidence that there was much illegal dumping including 55 gallon drums of chemicals. (See attached letter.) We cannot believe this will change for the future. c. Giving BFI an 85% monopoly with this expansion would result in higher prices. They have a history of price fixing, contract rigging, etc. (See attached sheet - Action Bulletin.) Metropolitan Council Members -2- November 29, 1987 4. Noise, litter and bad odors are a constant problem. There have been four recorded fires, one explosion, and at least one reported accident due to flying litter. The Williams pipeline runs next to the landfill and between the homes. We fear methane gas could migrate along the pipes to the homes. Expanding a badly contaminated landfill in a highly populated area is not the answer to the solid waste disposal problem. It is in clear violation of your Solid Waste Policy Plan. Therefore, for all the above reasons, we urge you to deny the expansion of the Flying Cloud Landfill December 4. We ask you to protect our citizens and environment. The Environmental Committee of The Homeward Hills Home- owners Association of Eden Prairie Enclosure: Excerpts from original application letter Research Report Action Bulletin on BFI cc: Rudy Perpich - Governor Hubert H. Humphrey Ill - Attorney General Randy Johnson - Hennepin County Commissioner Don Storm, State Representative Sidney Pauly, State Representative The City of Eden Prairie Grant Merritt, Merrit & Associates Resew:6 Report for release October 23, 1983, or later. Column 486. The Scientists Tell Me. . . Some Municipal Waste Landfills Rival Industrial Ones In Toxicity Robert L. Haney TARS Science Writer The leachate (liquid runoff) from some municipal and rural waste land- fills may cause as great a cancer risk as those from industrial waste land- fills, warns Dr. Kirk W. Brown, soil physicist with the Texas Agricultural Experiment Station. "While much of the present con- cern about ground &titer pollution resulting from nA, &sae disposal is focused on the leachates emanating from superfund sites and hazardous waste landfills." Brown says, "little attention has been paid to the occur- rence and concentrations of harmful chemicals found in the Ieachate from municipal solid waste landfills. "In part, this is because federal regulations limited the definition of hazardous waste to those from indus- trial sources. These regulations imp- ly, by default, that municipal solid wastes are not hazardous and that their disposal does not require stringent regulations. "If this is not true, the regulations may be responsible for giving the American public the erroneous impres- sion that the leachates leaking from municipal waste do not pose a threat to human health or the environment. "Although restrictions havt great- ly increased irl recent years on the landfilling of hazardous industrial wastes, most municipal wastes are still disposed of in soil-lined pits that can readily leak leachate," says Brown, who has made a number of studies of problems associated with disposal of toxic wastes. In a current study. Brown and K.C. ten that permits catching and contain- Donnelly compiled chemical constit- mem of leachate. uents and concentration data and. Long-range, we're going to have to also, compared the risk which would move toward a system of reclamation be associated with exposure to the and incineration that will keep polls- organic pollutants found in leachate tants out of our air, soil, and drinking from industrial and municipal waste "incr. landfills. Brown lauds a recent move by the Toxic and cancer-causing Memi- State of New York that is closing cals were found in the leachates from hundreds of rural landfills. They are all 58 landfills for which data were being replaced by high-efficiency available, irrespective of the type of incinerators in industrial parks that waste which they received, utilize the energy, thus replacing Although different groups of pollu- power plants that caused greater air Santa are found in the different types of pollution. landfills, the concentrations and lox- "We need to recognize," Brown icily are such that the leachate from says. "that our municipal waste Win- some municipal waste landfills may bines many, if not all, of the products cause as great a cancer risk as those of our modern industrial society. from industrial waste landfills. Many of these are toxic while others The risk calculations indicate that degrade in the landfill, releasing toxic the leachates from several municipal chemicals which often find their way waste landfills, for which there is into the ground water." sufficient data, have a carcinogenic Concerned individuals and admin. (cancer causing) risk that is similar to istrators can obtain further informs- the risk associated with the leachate tion on minimizing leachate from from the Love Canal landfill. landfills that have been closed, as well Brown's concemisMat the grow- as those now in use, plus proper ing risk to increased contamination of above-ground construction of future our ground water is heirs largely landfills, and other disposal options. ignored by federal, state and local Write Dr. Kirk W. Brown, Soil and .,vemments. Crop Science Department, Texas 'Yet, there are thousands of these A&M University, College Station, poisonous sites in existence and their Texas. 77843. number grows daily. We are rapidly poisoning our ground water with our municipal waste and most people seem unaware of it. Editor's Note: Any question regard. What can be done? Brown advo- mg this column should be addressed cafes a rapid shutdown of uncon- to Science Writer, Deparmtent of Agri. trolled. below-ground landfills. For cultural Communications, Texas the short-term, he recommends an A&M University, College Station, improved above-pound storage sys- Texas 77843. The Texas Agricultural Experiment Station. Nevilk P. Clarke. Dinmor. The lexas ASIM University System, College Mallon. Texas n•nn• EDER PRAIRIE, MINNESOTA WASIE MANAGEMENT, INC. Proposed Sanitary Landfill Greeley and Hansen, Engineers February, 1970 2. 3. Type, quantity and Source of Refuse The materials to be disposed of in the proposed sanitary landfill include domestic, commercial and industrial solid wastes normally collected by municipal solid waste collection systems and such materials as street sweepings, brush and tree debris and demolition wastes. Liquids, sewage sludge, toxic and hazardous wastes will not be accepted. It is estimated that the initial rate of disposal will be about 800 tons per day. 4. Size and Capacity of Site The total area encompassed by the site is approxi- mately 225 acres. The kettle has an area of about 90 acres, and a maximum depth of about 90 feet. The estimated volume of the area below the general elevation of the adjacent ground surface is 5,000,000 cubic yards (3100 acre-feet). Based on depositing an average of 4,000 cubic yards per day, with a compaction ratio of 2-1/2 to 1,_tha_total life of the site is estimated to be abo4(12 years.))This estimate includes an allowance for 6 inch7a7pif cover material dailz and a final cover of 2 feet. It is based on operation for 5 days per week. . 3 :FA .F . 74, fe- S 4 . 14,-t t(2.4. /7.1.4 tA...-Le 3 (i.2.c.-t iOtAe.54.4- 0'6 2.4.,e-trLar, L2 -.4C kcx4.9 C>L.r ,}.1.4 L Lk tAr _ , 6-e rs ;eizo.„A- -4,-0L,te.i1 71 La? -c1/4;z2z -, 56 cfi- pe-4,Z.,;4S a n(Q-- &L.0.16.1 4—ez_ cg.SL.1.6 -L9-z 12-e4L-„ • L54.$) 63,.4_12s_ ce-t-)-f ac.t- t2 9sL _ .6- -0€ 0-41 At at. ct n..c.)e-2' a_ ot LU At:4 C.-LL.i] tr-Q iteLe.9- Luc c cc.) I t '14nY4 . L),„ L%-e. cz..94 . -ESL -k Lv-er...aL L. Cet _.12.z:e),L,C.a. LSca -71116-.? j. 0-9-4-0 ,44t.--.J2..Q- . )Sc "LS ec,, 132,"„ 6;22 cl_•4_,CZ A:A.Q 04-cce,6 -04,4 --L2Q ,c3A- 4L), ,—Les4 °Lkdk 1SQ It"0-c3-A- -kraL0.(4.. CLAk..;.•\ ck; c-v—RecL "-4-‘,4.(_, 1,72-4Arie C5--1/4-{1-4j4 S c_14,.:Ju p o x ( C1 (703) 278-7070 August, 1987 WMI, BFI in BIG Legal Trouble US's MI and #2 dumpers are in an unpreceden- ted amount of legal trouble. In the last issue, we rerorted how #1 Waste Management, Inc. (WMI) top execs, including head Dean Buntrock, caught "in- sider trading"in aborted hostile takeover of Cher:dawn. In depositions, execs admitted they bought Chemlawn stock before Wea's intentions were made public, profiting from inside information. Besides questionable ethics, "insider trading" is the kind of offense that's pit Well Street hotshots like Ivan Boesky in jail. We also repor - ted serious problems WME and rival $2 Browning - Ferris Industries (BFI) have getting pollution insurance. We thought these disclosures by CCHW were pretty hot stuff and hard to top. We were wrong, as these were only the beginning! • April 7: BFI head John Drury was spotted by investment brokers dumping $1.5 million in BFI shares, a sign a company's in trouble. Sure enough, as events described below became public, BF1 stock nose-dived. Using his inside info, p,o,y uairel himself more than $165,000 in losses. • April 28: Justice Dept. announced action on a complaint by EPA and the State of Louisiana. tiling ,barges against BFI for massive violations (2800) at its Livingston toxic dump from 1980-7. Charges included serious safety violations and the Just ice rov_ wants fines of $25,000 per violation pUT day, which oonld break WWIDE's previous record of $15 million. • teDRE SERIOUS are charges being investigat- ed by a federal grand jury filed OH Atty. General Anthony Celebreeze. He charges BFI and vell executives net in a Monroe, MI motel in 1981 and conspired together to carve up Toledo area trash business. If proven, these charges point to the scary prospect of a near total monopoly. • In April, a federal jury in Vermont ordered BFI to pay $6 million in punitive damages and $51,000 in compensation to Kelso Disposal of Burlington for predatory pricing and attempted nonopolization. Keloo charged BFI priced its disposal service at below cost to undercut Kelso and the court agreed. • June 4:. Justice Dept. admitted 11 separate federal grand juries in 8 states were probing more conspiracy charges against ma, BFI (contract rig- ging, price fixing, etc.). Probes are under way in Birmingham, AL; Orlando and Fort Lauderdale; Mere phis; Harrisburg and Pittsburgh, PA; Trenton, NJ; Phoenix, Cleveland and Los Angeles and an unnamed llth city. The SAN JOSE MERCURY quotes an inside Justice Dept. source saying grand juries in Trenton and Fort Lauderdale have made indictments. WALL STREET JOIRNAL (WSJ„ 6/4/87) reported WHI was targeted in at least 6 states and BFI in at least 5. If nothing else, these probes suggest some interesting answers to questions About these companies' secret of success in garnering such a large share of the US's waste disposal business. • On June 9, the LA County District Attorney filed criminal antitrust conspiracy Charges versus Weil, Western Waste Industries and Angelus Hudson, Inc. If ammicted, companies could be fined $1 million each and be barred from California. • Both WHI and BrI had these kinds of problems in the past. WSJ noted 1984 Georgia price fixing convictions against both comeanies. In 1986, two execs of WMI's So. Florida subsidiary were convic- ted of antitrust violations. Federal prosecutors called the FL scheme "financially devastating," costing FL ccesumers millions of dollars annually. TACTICAL ADVICE: Hundreds of you reading this newsletter are battling these two oompanies. What should you do with this information? We suggest the most fruitful, immediate use you should make of this information is to DEMAND A FREEZE on all license and permit applicatione-by either of these companies for new facilities, existing facilities and especially for ownership transfers. It seems like pretty bad public policy to take any application from these companies seriously while such serious charges are pending. Further, you could demand similar Law enforcement probes in your area, especially if you've seen a number of takeovers of local waste operatic= by either WHM or BFI lately, as have residents in most Midwestern states (by ma) and in the Northeast (by BFI). • ONDINPENCE • YOL. iS NO. 4 WASTE HANDLERS IN HOT WATER Perhaps because they trace Meanwhile, BFI and its their corporate lineage to corporate twin, Waste the organized crime- Management Inc., the big- dominated trash hauling gest waste handling corn- business, the now *respect- pany in the US., are now able waste-handling giants, the subject 01 11 state grand Brown Ferris Industries jury investigations for a (BF!) and Waste Manage- variety of antitrust criminal ment Inc., seem unable to acts including price-fixing shed old habits. BFI faces and bid-rigging. The Los legal action from the Justice Angeles County district at- Department and the State of torney charged the compa- Louisiana for serious and nies with illegally operating repeated violations of a cartel, dividing up custom- federal laws pertaining to era between themselves, the company's hazardous eliminating true competition waste site in Louisiana. and creating artificially high Over a six-year period, in- prices. If convicted, the spectors uncovered more Amsal3Waig—. than 2,800 violations, do business in California and The state and the Depart- WiRigirala0i—lece. ment of Justice are seeking $25,000 per day per viola- tion, or $2.2 billion from BF! for such activities as improper disposal of liquid and flammable wastes, fail- ure to maintain an up-to- date emergency plan, failure to provide emergency re- sponse teams and failure to properly maintain surface toxic waste impoundments. MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie C Possible Refurbishment of Fl Engine No. 1 December 1, 1987 Fire Engine No. 1 recently sustained upwards of $10,000 damage from an accident that occurred at Highway 5 and Mitchell Road. Discussions with the manufacturer have yielded opportunities to improve the fire fleet. To do so would require use of the statutory competitive bid process. The memorandum from the Fire Chief details the possibilities for repair and refurbishment of pumpers. What is proposed is a trade-in of Engine No. 4, an older piece of equipment, and the use of $20,000 budgeted for the refurbishment of that engine to be applied to the $50,000 estimated cost to refurbish Engine No. 1 (built in 1974). Consideration of refurbishing Engine No. 1 is timely in light of the repairs now necessary. Refurbishment of Engine No. 1 had been contemplated for 1989. Replacement parts to make the engine serviceable would be removed and unusable when the engine is refurbished later. Repair to the engine would be delayed until the award of bids, which should happen on January 5. Money for the repairs would come from the City's deductible portion of its insurance coverage (i.e., out of the General Fund Reserve). Staff believes that the firefighting fleet will still be adequate if Engine No. 4 were removed from service. Recommendation: It is recommended that Council authorize the preparation of specifications and advertisement for bids for the refurbishment of Engine No. 1 with the trade-in of Engine No. 4. CJJ:jdp Enc. 0 November 30, 1987 cc: Keith Wall TO: Carl Jullie FROM: Ron Johnson o" SUBJECT: Refurbishment and Repair of Pumpers In 1987 the Fire Department was budgeted $20,000.00 to refurbish Engine *4. Our intent was to do a minimal refurbishment to the Engine and also convert it to a hazardous materials vehicle. This conversion would in no way hinder its structural fire response capability. We contacted Custom Fire in order to get an estimation of what could be done to the truck with the $20,000.00 budgeted. Two days prior to our meeting, Engine #1 was involved in a traffic accident resulting in approximately $10,000.00 in damage. While meeting with Custom Fire to gather information; another option was brought forward. This new option is to refurbish Engine *1 while it is in the shop for repair of damages. This option would mean that we would get Engine *1 back refurbished to basically the same vehicle that is being purchased from the bond referendum. This means that it would be converted to a four door Ford body style. This body style means that all Firefighters would ride in an enclosed cab facing forward. After the recent accident, I think this is a very important safety feature. As part of this option, Custom Fire offered to take Engine *4 in trade. They have offered us approximately $30,000.00 for it. We had talked about refurbishing Engine #1 in late 1988 or early 1989. I have attached the proposal letter from Custom Fire describing two options: I. Refurbish Engine *4. 2. Refurbish Engine *1, using Engine *4 as a trade-in. I strongly feel that the second option is a better investment, because Engine *4 is now 18 years old. 0 I also feel that with the new engines on order we will have sufficient pumping capacity for our City. Even with the loss of Engine #4, we will still have two engines per Station, for a total of six. Any effect this would have on I.S.O. would be minimal, as it would only involve a reserve engine. If Engine *1 were refurbished, it could be built to serve as our hazardous materials vehicle. I must ask for immediate consideration of this proposal, as we are currently down an engine. I would recommend that this proposal only be approved with the provision that Engine #4 would not be turned over until the first of the new engines ordered arrives. Please also advise whether or not a bidding process must be used, and if so how we can expedite it.