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HomeMy WebLinkAboutCity Council - 03/15/1988AGENDA TUESDAY, MARCH 15, 1988 COUNCIL MEMBERS: CITY COUNCIL STAFF: EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Sue Anderson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Regular City Council Meeting held Tuesday, January 19 1988 B. Special City Council Meeting held Tuesday, March 8, 1988 III. CONSENT CALENDAR A. Clerk's License List B. Change Order No. 1 - Fire Station Contract- C. Approval of Addendum to the Joint Powers South Suburban Adaptive Recreation Board D. Bergman Addition by Richard and Linda Bergman and Richard and Marjorie Ziminske. Approval of Developer's Agreement for Bergman Addition. (Location: South of Holly Road, east of Rosemary Road) E. AMOLUBE QUICK CHANGE. 2nd Reading of Ordinance No. 10-88, Amending Ordinance No. 32-84-PUD-5-84 within the PUD-5- Neighborhood-Commercial District; Approval of SuppleMent to Developer's Agreement for Amoco Oil Company, and Adoption of Resolution No. 88-38, Authorizing Summary of Ordinance No. 10-88 and Ordering Publication of of Said Summary. Location: Southeast quadrant of Anderson Lakes Parkway and Highway 169 F. Change Order No. 1 for Bluffs East 4th Addition, I.C. 52-096 Page 403 Page 424 Page 425 Page 427 Page 428 Page 432 Page 434 Page 441 City Council Agenda - 2 - Tues.,March 15, 1988 G. Final Plat approval for Prairie Knoll 3rd Addition (located north Page 442 of Valley View Road and west of Ontario Boulevard) Resolution No. 88-37 H. Agreement between Raymond N. Welter, Jr. and Carole Ann Welter (owners) and the City of Eden Prairie regarding improvements to Blossom Road I. Grading Permit for Steve Kohles to construct berm adjacent to Valley View Road on Lot 2 Block 3 Paulsen's Addition J. ROGER'S AUTO BODY by Roger L. Lindeman. 2nd Reading of Ordinance No. 44-87, Rezoning from Rural to 1-2; Approval of Developer's Agreement for Roger's Auto Body; and Adoption of Resolution No. 88-40, Authorizing Summary of Ordinance No. 44-87 and Ordering Publication of Said Summary. Location: East of Highway 169, south of Williams Mini-Storage) K. Resolution No. 88-39 Commending the Eden Prairie High School Girls Gymnastics Team for Winning the Minnesota State Htan School "AA" Championship IV. PUBLIC HEARINGS A. A TO Z RENTAL. Request for Zoning District Change from Rural to C-Reg-Service on 1.67 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 3.59 acres into one lot and one outlot, for construction of a 15,500 sq. ft. retail facility. Location: Southwest corner of Valley View Road and Plaza Drive. (Ordinance No. 13-88 - Rezoning; Resolution No. 88-36 - Preliminary Plat) B. YEAR XIV COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION (Resolution No. 88-35) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Award Uniform Contract 2. City Hall Financing Options 3. 1-494 EIS Agreement C. .Port of City Attorney Page 445 Page 449 Page 451 Page 458 Page 459 Page 469 Page 472 Page 473 Page 474 Page 478 City Council Agenda - 3 - Tues.,March 15, 1988 D. Report of Director of Planning E. Report of Director of Community Services 1. Recommendations on Advertisement for Bid for 2nd Phase of the Community Center Repair Project 2. Staring Lake Park Improvements 3. Recommendation on Operating Policies for Riley Lake Park 4. Recommendation on Name Change for Community Services Department F. Report of Director of Public Works G. Report of Finance Director XI, NEW BUSINESS XII. ADJOURNMENT Page 491 Page 492 Page 495 Page 498 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 19, 1988 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 EXECUTIVE DRIVE COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Asst. to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Sue Anderson. ROLL CALL: All members were present. PRESENTATION: Mayor Peterson presented recognition plaques and certificates to Ron Funk and Robert Mjolsness for ten years of service to the Police Reserve Unit. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X.B.1. Discussion of City Manager Review Form; X.A.1. Update Council on the Intergovernmental Affairs Committee of the Regional Rail Authority Meeting. MOTION: Harris moved, seconded by Bentley to approve the Agenda and Other Items of Business, as published and amended. Motion carried unanimously. II. MINUTES A. Regular City Council meeting held Tuesday, December 1, 1987 (continued from January 5, 1988). The following changes were made: Page 10 MOTION: shall read Bentley moved, seconded by Peterson. Page 10, Paragraph 2: shall read: Harris stated after hearing the report on pay equity, it was apparent that the City is in a good competitive position in the current market since the Manager's salary is only 1.6% from the market value. The City should however encourage continued good performance by the City Manager through a 3% economic adjustment plus 2% financial incentive to bring the Manager even with the market. Page 11, after Paragraph 10 insert: Harris expressed her concern on the Eden Prairie City Council -2- January 19, 1988 demographic information not adequately reflecting the current status of Eden Prairie and therefore impossible to project ridership. MOTION: Harris moved, seconded by Bentley, to approve the Minutes of the Regular City Council meeting held Tuesday, December 1, 1987, as published and amended. Motion carried unanimously. B. Special City Council meeting held Tuesday, December 22, 1987 (continued from January 6, 1988) MOTION: Bentley moved, seconded by Harris, to approve the Minutes of the Special City Council meeting held Tuesday, December 22, 1987, as published. Motion carried unanimously. III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 4-88, amending City Code Section 5.37 by amending Section 5.37, Subd. 5 which defines the word "Peddler" B. 1st Reading of Ordinance No. 9-88, amending City Code Sec. 2.05 Subd. 3 Relating to the Payment for Attendance of Meetings by the Mayor and Council. C. Set Special City Council meeting for 5:30 PM on Tuesday, February 9 1988 at City Hall for the purpose of interviewing candidates for boards and commissions D. Set Board of Review meeting for Thursday, April 28 1988 at 7:30 PM E. SHADY OAK RIDGE 3RD ADDITION, (AKA Shady Oak Ridge 2nd Addition) by Joe Ruzic. 2nd Reading of Ordinance #59-87, Zoning District Change from Rural to R1-13.5 on 0.19 acres and Zoning District Amendment within the R1-13.5 on 0.19 acres and Zoning District Amendment within the R1- 13.5 District on 2.88 acres; Approval of Developer's Agreement for Shady Oak Ridge 3rd Addition; and Approval of Resolution No. 88-12, Authorizing Summary of Ordinance No. 59-87 and Ordering Publication of Said Summary. 3.08 acres into 4 single family lots. Location: West of Old Shady Oak Road, north of Rowland Road (Ordinance No. 59- 87 - Rezoning; Resolution No. 88-12 - Authorizing Summary and Publication) F. 1st Reading of Ordinance #1-88, Amending City Code Chapter 2, Section 2.11, Subdivisions 3 and 4, Which Set the Time Period for Council Review and Citizen Appeal for Board of Appeal Actions. Eden Prairie City Council -3- January 19, 1988 G. 1st Reading of Ordinance #2-88 Amending City Code Chapter Section 7.01, Which Updates Reference to 1987 State Traffic Law. H. 1st Reading of Ordinance #3-88 Amending City Code Chapter 12, Section 12.03 Subdivision 17 Which Updates the Definition of Subdivision, and Section 12.40 which Deletes Old Language on Types of Subdivisions for Which City Can Require Parkland Dedication. I. Wyndham Knoll Special Assessment Agreement Release J. Bluffs West 5th Addition Special Assessment Agreement Release K. Final Plat approval for Shady Oak Ridge 2nd Addition (located north of Rowland Road and west of Old Shady Oak Road) Resolution No. 88-17 L. Final Plat approval for Gopher Lane Addition (located north of Pioneer Trail and west of Staring Lane) Resolution No. 88-18 M. Approve plans prepared by Hennepin County for a traffic control signal system at the intersection of Prairie Center Drive with County State Aid Highway 39 (Valley View Road) Resolution No. 88-20 N. Approve cooperative construction agreement with Hennepin County for construction of a traffic control signal system at the intersection of Prairie Center Drive with County state Aid Highway 39 (Valley View Road) Resolution No. 88-21 O. Approve plans prepared by Hennepin Gounty for improve- ments to County State Aid Highway No. 4 between Westgate Drive and Terrey Pine Hive (Resolution No. 88-22) P. Approve cooperative construction agreement with Hennepin County for improvements to County State Aid Highway No. 4 between Westgate Drive and Terrey17,in-J-Drive (Resolution No. 88-23) Q. Approval of Eden Prairie Senior Center Change Order No. 6 R. Lot 1 Block 1 Shady Oak Industrial Park 6th Addition Special Assessment Agreement Release. MOTION: Harris moved, seconded by Bentley, to approve Items A-R on the Consent Calendar. Motion carried unanimously. Eden Prairie City Council IV. PUBLIC HEARINGS A. BLUFFS EAST 5TH ADDITION, Corporation. Request for Rural to R1-13.5 on 17.68 30.1 acres into 34 single right-of-way. Location: extension, west of Franlo -4- January 19, 1988 by Hustad Development Zoning District Change from acres, and Preliminary Plat of family lots, 3 outlots, and road Southeast of Meade Lane Road, northwest of Antlers Ridge extension. (Ordinance #7-88, Rezoning; Resolution #88-14, Preliminary Plat) City Manager Jullie reported that notice of this public hearing was sent to owners of 145 surrounding properties and published in the January 6, 1988 issue of the Eden Prairie News. The Developer requested zoning district change from Rural to R1-13.5 on 17.68 acres and Preliminary Plat of 30.1 acres into 34 single-family lots and 3 outlots. The property proposed is located west of Franlo Road, northwest of Antlers Ridge extension, and southeast of Meade Lane extension. The Developer withdrew his request for a public hearing by the City Council which had been scheduled for November 17, 1987. During the interim time, the unresolved issue of providing sidewalks has been discussed by the Parks, Recreation and Natural Resources Commission. Bob Smith, Hedlund Engineering, representative for Hustad Development, presented the preliminary plat and rezoning proposal for the Bluffs East 5th Addition. He stated Phase II would consist of 34 single family lots with average size being 18,370 sq.ft. Existing utilities have been established, and sidewalk would begin at Wild Duck Pass connecting to Franlo Road. He concluded that Developer is asking for approval of the preliminary plat Phase II of the pua and rezoning from Rural to R1-13.5. City Planner Enger reported that this item was reviewed by Planning Commission at the October 26th meeting and on a 5-0 vote recommended approval of platting and zoning subject to recommendations in Planning Staff Report dated October 23, 1987. It was also recommended by Planning Commission that plans be submitted depicting a by-pass lane and right-turn lane on County Road 18 and constructed as required by Hennepin County, details of which had yet to be worked out. Also concurrent with the construction of the Bluff's East 5th Addition, Developer shall install a temporary 2-inch thick bituminous surface for Bluff Road. It is consistent with the original Plan Unit Development for the Bluff Country PUD. Director of Community Services Lambert reported that Developer met with the Parks, Recreation & Natural Resources Commission on December 7 and 21, 1987. The majority of the discussion was regarding sidewalks whereby it was recommended that no Eden Prairie City council -5- January 19, 1988 sidewalks be required west of Wild Duck Pass on Bluff Road and Antlers Ridge. Sidewalks would be required from County Road 18 west to Wild Duck Pass, then north to Franlo Road, that a sidewalk be extended south on Antlers Ridge to the hard surface trail for the creek crossing access, and that there be a 30 foot wide outlot between lots for the asphalt trail. This recommendation was passed on a 6-0 vote. Bentley inquired if Staff and Developer are in agreement with the Parks and Recreation recommendation. Lambert responded affirmatively. Harris inquired to Smith how many lots were in the transition zone. Smith replied 4 lots entirely, and 9 lots partially within the zone, and 13 lots abutting the transition zone. Anderson asked Smith what access was being proposed to enter the park. Developer responded that a 20' wide easement would go between two lots. Pidcock inquired if the creek property, which was 100 feet on either side of the creek and the outlot of Creek Knolls, that had been promised as a gift had in fact been received. Lambert responded negatively. Pidcock asked if Bluffs West Outlot A had been donated. Lambert responded that he believed that all the outlots north of Creek Knolls through the area have been dedicated up to the north end of the subdivision of Bluffs East 5th Addition. He could not recall the status on Bluffs West Outlot B, but would provide a list of donated and dedicated land if requested. Lambert reported to Council that it was the Staff and Commission's recommendation that there should be a 30 ft. outlot between homes for the access trail, but Developer requested a 20 ft. easement. Peterson inquired what the implications were for 20 ft. versus 30 ft. Lambert responded that with large homes, 20 ft. was not sufficient space to accommodate screening and landscaping. The Commission approved 30 ft. easement on the basis that the Developer return to Commission with plans for landscape and screening,and if such plans indicate adequate landscape and screening Commission would accept 20 ft. outlot. Without actually reviewing the suggested plans, the Commission recommended 30 ft. Lambert continued that at this point, they had not been supplied plans. Developer responded that the plans would be submitted with final construction package. There were no further comments from the audience. Eden Prairie City Council -6- January 19, 1988 MOTION 1: Bentley moved, seconded by Harris to close the p u b l i c h e a r i n g . Motion carried unanimously. MOTION 2: Bentley moved, seconded by Harris to approve 1st R e a d i n g o f Ordinance No. 7-88 for Rezoning. Motion carried u n a n i m o u s l y . MOTION 3: Bentley moved, seconded by Harris to adopt Resol u t i o n N o . 8 8 - 14 approving the Preliminary Plat. Motion carri e d u n a n i m o u s l y . MOTION 4: Bentley moved, seconded by Harris to direct Staf f t o p r e p a r e a Development Agreement incorporating Commission a n d S t a f f Recommendations with the final decision on the si d e w a l k i s s u e per the most recent Parks, Recreation and Natural R e s o u r c e s Commission Recommendations including 20 ft. outl o t w i t h 5 f t . easement for drainage and utility on each side. M o t i o n c a r r i e d unanimously. Anderson commented further that he did not like t h e t r a i l outlot being placed between lots. Until he views a b e t t e r p l a n or a recommendation from Staff, recommendation sh o u l d s t a n d a t 30 ft. Peterson stated that the Council was not adverse t o t h e 2 0 f t . outlot but was very concerned about screening and d r a i n a g e o n a steep slope. C. CREEKVIEW, Brown Land Company. Request for Planned Unit Development Concept on 78.22 acres, Planned Uni t Development District Review on 78.22 acres with v a r i a n c e s , Zoning District Change from Rural to R1-13.5 on 6 0 . 1 5 acres, Preliminary Plat of 78.22 acres into 93 si n g l e family lots and 2 outlots. Location: South of B l u f f s E a s t 4th Addition, north of River View Road. (Resol u t i o n # 8 8 - 15, PUD Concept; Ordinance #8-88-PUD-1-88, PUD D i s t r i c t Review and Rezoning; Resolution #88-16, Prelimin a r y P l a t ) Jullie reported that the notice of public hearin g w a s s e n t t o owners of 69 surrounding properties and publishe d i n t h e January 6, 1988 issue of the Eden Prairie News. T h e D e v e l o p e r is seeking PUD District Review and Preliminary P l a t o n 7 8 . 2 2 acres and Zoning District Change from Rural to R 1 - 1 3 . 5 o n 6 0 . 1 5 acres for a subdivision with 93 single-family lo t s a n d 2 outlots. The location of property is south of B l u f f s E a s t 4 t h Addition and north of Riverview Road. This issu e h a s h a d extensive review by Staff and advisory commissio n s o v e r t h e past few months. MICHAEL GAIR, Site Designer Planning Consultant f o r C r e e k v i e w , stated his purpose was to provide City Council wi t h c r e d i b l e information in order to make a decision on the re q u e s t b e f o r e Eden Prairie City Council -7- January 19, 1988 them. He introduced and gave credentials of the following individuals who were available for questions regarding the project: Peter Knaeble-Project Manager, Brian Olson-Landscape Architect, Ron Krueger-Land Surveyor, Don Brauer-former Consultant Planner for Eden Prairie and author of Purgatory Creek Study, Tom Goodman-Attorney representing applicant, Terry Schultz-Residential Designer & Architect, David Brown-Applicant, Wayne Brown-Applicant, Bob Wilkie-former owner of property in question, and Jim Wilkie-former owner of property in question. Gair's presentation covered four items: 1) introduction of the project with the aid of several exhibits giving background; 2) presentation of the plan that had been reviewed and presented to Commission and City Staff at earlier dates; 3) presentation of alternative options and/or layouts of the plan; 4) presentation of characteristics of the Purgatory Creek Development from County Road 1 to Riverview Road via an aerial slide tour. In giving a recap of the proposed development, Gair worked from Exhibit A showing land use for 78 acres; Exhibit B indicated the Purgatory Creek Study detailing 100-year flood plain, the conservancy line and transition zone; Exhibit C showing existing site feature of creek corridor and creek valley floor; Exhibit D featured soils map indicating different soils and slopes; Exhibit E showing site use concept plan for public domain, scenic easement and upland area development, Exhibit F indicated a plat concept that took into consideration all of the concerns in the Purgatory Creek Study. Gair, speaking to Plan 1 dated October 28, 1987 which included 93 lots, indicated that as a result of review and recommenda- tions by Planning Commission, Lot No. 5 was removed eliminating the creek crossing request. The private cul-de-sac was pulled back 350' in order to move it out of the conservancy. With the revisions, applicant's proposal was reduced to 92 lots with modifications and a 4.6-acre dedication to the City. Due to the legitimate concerns from residents and City Staff regarding the recommendation for approval of the subdivision, the applicant prepared an alternative plan, called Plan 1A, which consisted of moving the east-west road 30 ft. further south up and away from the transition zone and woodland area. This would cut two lots from the core area. The shift of road would increase the depth of the building pad. Another plan alternative, called Plan 1B, which came about late in the week of January 11th, indicated moving the east-west road along the tree line well out of the tree line and created two cul-de-sacs for access to lots. This roadway required nominal grading and the two cul-de-sacs would be built on present grade. There would be no excavation up to tree line, and no loss of trees in the conservancy zone. Eden Prairie City Council -8- January 19, 1988 Gair summarized the three plans as follows: Plan 1 called for 93 lots with an average lot size of 22,000 sq.ft. with 8.6% tree alteration; Plan lA called for 89 lots with an average lot size of 23,000 sq.ft. with 7.46% alteration; Plan 1B is further modified with 87 lots with an average lot size of 24,000 sq.ft. with 6.39% possible alteration. He compared lots in the transition area with similar developers in Purgatory Creek indicating the proposed project was less intrusive than others, that they in fact had a greater percentage of lots in the conservancy zone. This subdivision request was not any more aggressive than any in the past for the Purgatory Creek area, and in fact was now less aggressive and a greater distance from the creek area. An aerial slide tour of the area was presented so Council and audience could experience aerial and ground shot experiences of the impact of the previous developments and the proposed development. Peterson requested Developer move along rapidly with the comparative material so Council could hear the subject material. Gair continued in summation stating that applicant had addressed the concerns of: 1) there are no rule changes/ aggressiveness was eliminated by less tree loss and grading; 2) conservancy intrusion eliminated with road pulled back as in Plan 1B. The two lots in the conservancy are are left natural - no roads or intrusion; 3) violation of transition area has been corrected and plans indicate fewer lots than in any other comparable subdivision; 4) infringement of the rim was no more extensive than other developments; 5) storm water run-off concern would be handled through proper engineering design; 6) tree loss has been reduced in alternative Plan 18; 7) soils/ erosion/steep slopes issues have been addressed in the soil evaluation; and 8) grading of the site was less in the alternative Plan 1B. DON BRAUER spoke on the Purgatory Creek Study, its history and how it was developed. It was not the intent of the City to dictate to developers but give a guideline to preserve the resources of the City. He has looked at this plan and felt it was not more intrusive and actually appeared to be less so than other developments that occured on the unvegetated south facing slope. Director of Planning Enger reported that the Planning Commission heard this proposal at its November 9th meeting for information purposes and at the December 14th meeting reviewed the plan for 93 lots and made recommendation for approval subject to Staff Recommendations to the plans dated Ootober 28, Eden Prairie City Council -9- January 19, 1988 1987 which suggested changes to the Developer concerning tree loss and lots in the conservancy area. Enger summarized the more recent Staff Report Recommendations dated December 11, 1987 as follows: Prior to City Council review, Developer shall: 1) submit a tree replacement plan based on 1,711 caliper diameter inches of trees for Staff review. The majority of trees should be oak. Since that time there has been concern of the accuracy of the overall tree inventory. Stuart Fox, City Forester, had done an extensive independent study of the forested area using State Department agricultural tables as an empirical method and through extensive random field plots done across the entire wooded area, he was prepared to respond to questions. The overall amount of trees found on the site was about the same as originally reported by Developer, and tree loss was somewhat less than on original inventory due to modification of the plans. Continuing on with Staff Report Recommendations: Prior to Final Plat approval, Developer shall: 1) submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer and Watershed District. Prior to Buildin Permit issuance, Developer shall: 1) Pay the appropriate cash park fee paid on this property and would not be waived with land donation; 2) notify the City and Watershed District at least 48 hours in advance of grading; 3) provide an eight-foot wide trail easement to the City along the private road to Purgatory Creek. Prior to any grading on the property, Developer shall stake the proposed grading limits with a snow fence. Any trees lost outside the construction area shall be replaced inch per inch. Said construc- tion fencing shall remain on-site until after an occupancy permit has been issued on a lot by lot basis. Comply with a requirement for constructing an eight-foot wide bituminous trail along the north side of Riverview Road with a connection to the private road concurrent with street construction. Lambert reported that Parks, Recreation and Natural Resources Commission reviewed this proposal at the December 21st meeting along with the Planning Staff Recommendations. The majority of the meeting dealt with the concern of the tree removal which resulted in approving the recommendation of the Planning Staff to approve the Creekview Subdivision. An amendment to that motion recommended that Council consider an independent party conduct a tree inventory on the entire site. This motion passed with a vote of 6-0. Lambert noted that the City Forester conducted an inventory, but the City did not engage an outside party to do an additional inventory. Bentley inquired if Staff had adequate time to review Plan 18 based upon previous criteria recommended. Enger responded that Plan 18 was very much the same as the original plan except for the ridge area. Staff had been working with the Developer to modify and pull the street away LI Eden Prairie City Council -10- January 19, 1988 from the conservancy area, so when the proposal came in with alterations it was a direct response to specific suggestions made by the City Staff and Staff was comfortable with Plan 1B. Bentley inquired why the road to the conservancy area would be a private drive, and would it be built according to City standards? Enger answered that the driveway was originally proposed as a public road to the creek bottom. Staff felt it caused a disruption in the area because of right-of-way grading requirements. When Developer finally reduced the area to two lots at the bottom of the road, it was recommended that a private drive would be less intrusive than a public road. The City has done this for some lots in the past, and this proposal preserves the topographic and vegetation features. The main differences between a private drive and a public road would be the private drive width of 26', no concrete curb, and the elimination of the 11 ft. boulevard on each side of the road. Bentley stated it should be understood that the private drive would not be maintained by the City, and inquired as to who would maintain this road. Developer responded that homeowners would maintain the road. Bentley asked City Attorney Pauly to report and advise Council regarding a letter received at 3:00 PM this day from the MEQB petitioning for an environmental assessment worksheet on the proposed development. Pauly stated that the communication from the Minnesota Environmental Quality Board petitioning for an EAW was a procedure that has to be followed when twenty-five persons sig n a petition to request an environmental study. The EQB evaluate s and determines the credibility of the petition and forwards it on to the City in question. This particular petition had only 12 signatures and Pauly was unable to reach Mr. Gregg Downing o r his assistant to determine if there were in fact 25 signatures on this petition. Pauly continued that the RGU (Responsible Governmental Unit-the City of Eden Prairie in this case) determines if the evidence presented by the petitioners and the proposer demonstrates that the location or nature of the project may have a potential for. significant environmental effects. The City may deny the petition if the evidence presented fails to demonstrate that th e project may have the potential for significant environmental effects. Pauly stated the legal alternatives and procedures if the project has the potential for significant environmental effects. If the Council determines that the project does not have such potential, it could so decide at this time, and address the issues of the rezoning and the preliminary plat. The Council ma y Eden Prairie City Council -11- January 19, 1988 also continue the hearing to a future date to make a determination whether the proposal may have a potential for significant environmental effects. Peterson inquired if it was in the jurisdiction of the Council to determine the potential of significant environmental effects on the project. Bentley stated that Council could take action presently to determine if there was potential for significant environmental effects, if there was a need for a study, or continue this hearing and make a determination at a later date. Pidcock, looking at proposed Plan 1B, inquired if Staff saw a potential for significant environmental effects resulting from the revised plan. Enger responded that given a measure of potential significant impact comparable to other like projects established by past City review procedures, and given revisions proposed in Plan 1B, and given adherence to proper construction, tree protection, grading and erosion control procedures, there was not potential for significant environmental impact. Pidcock stated that if the project has no environmental effect the MEQB worksheet was not necessary. MOTION 1: Pidcock moved, seconded by Harris that the proposed development has no potential for significant environmental effects. Peterson stated the Council would hear evidence from the petitioners and others and tabled the motion. WALLY HUSTAD, JR., 9746 Mill Creek Drive, stated that the people in opposition are not against the development but instead are concerned citizens that want the least amount of impact on the area. He described the impact on Plan 1, Plan 1A, and Plan 1B. He continued that he did not agree with City Planning Staff and Commission that this should be recommended for approval and they should reconsider. He did state that Plan 1B was the most sensitive to the area. Hustad felt the point was to find a plan that Developer and residents could live with. He stated the changes to date would not have come about without the intervention of the residents. He said the more aggressive plan was recommended by Staff, and was a gross error on the performance of the Staff in recommending approval of this project; and •tated Staff of turning this into a debate for developer vs. developer. Peterson interjected at this point and stated that this was not a forum to criticize the Staff. If anyone has criticism, he or she should arrange a meeting with him or the City Manager. Eden Prairie City Council -12- January 19, 1988 Council would not tolerate any more criticism of staff at this hearing. Other Councilmembers affirmed his sentiments. Bentley clarified the situation stating that Plan 1 was recommended for approval by the Planning Commission based on recommendations from Staff; and stands behind Staff and Commission. He further commented that as far as he was concerned Plan 1 was dead, Plan lA was dead, and Plan 1B was the plan to discuss from this point on in the hearing. WOODY GINKEL, 10430 Whitetail Crossing, stated that homeowners felt sufficient details were not addressed and were still unresolved regarding the tree loss, the position on aggressive grading, and soil issues. They hired Professor Roger Martin to independently study the area. With the present Plan 1B, which was the best plat presented thus far, there was only the soil issue to be dealt with. With respect to the request by Councilman Bentley that no summations be heard on Plan 1 or Plan lA - he stated they can only respond to Plan 1. In view of the fact that Director of Planning Enger had only seen Plan 1B for two days, he urged Council to listen to Professor Martin's report as it was pertinent to soil erosion and the potential environmental effect still remaining true on Plan 1B. MARLYS LUND, 10164 Trotter's Path, introduced Professor Roger Martin with Martin & Pitz Associates and his credentials as an expert in his field. She asked Council to view his presentation as an opportunity to look further into the final decision regarding this proposal. PROFESSOR ROGER MARTIN, homeowners' consultant, stated he felt ill-prepared to comment in view of the new Plan 1B. His study was based on Plan 1 and summarized four concerns of impact. 1) The severe erosion potential of the proposed environment during-and after-initial land development and specific unit construction. 2) The unrealistic grading limits indicated by the Developer. 3) The visual impact of hardwood vegetation loss due to the development and unit construction. 4) The Developer's estimate of 23% tree loss as being too low. He felt an environmental assessment worksheet on the development was now even more important in light of a new plan which has not been environmentally reviewed properly by the homeowners or Staff. He did state that Plan 1B does reduce the tree loss and the amount of grading to the slope. WALLY HUSTAD, 10470 Whitetail Crossing, stated he was opposed to the original development by focusing on four related issues. 1) Allowing a hard surface road to penetrate the valley. 2) Having hard surface road would bring about dirt bikes and three- wheel vehicles. Public access was desired with a natural environment but needed careful thought and control. 3) He was opposed to grading of the rim. 4) Filling in the ravine and Eden Prairie City Council -13- January 19, 1988 going into the valley with the road was a major issue. He further stated that he was not opposed to allowing people in the valley but was concerned with controlling the access. Bentley stated that on Plan 1B the private road to the creek was held back an acceptable distance from the creek. Gair added that the road was 400 ft. from the creek and the house would be on a rim 40 ft. above the creek. DORIS BROOKER, 10164 Trotter's Path, described the resident's exhibit model of the Purgatory Creek area, scaled 10' per 1", as an accurate portrayal of the development before the Council. She stated that Council should judge this plan for its merits. Professor Martin had only three weeks to study this plan and the Staff has had nine months. She felt residents would feel better if, besides a home-designing architect, the Developer had a landscape architect to protect the sensitive features of this area. She felt Mr. Gair summarized the concerns accurately as to the tree loss and drainage, and she felt pollution should be added as a concern. As citizens, she asked that Council move to approve the MEQB environmental worksheet analysis, or a continuance. This was important to twenty-five people from the area that this be done. This is a virgin, pristine area and there is no point of reference to the sensitive environmental factors. She continued that the worksheet would be a checklist of information and facts that are needed. There was nothing to fear and only information to gain. They did not expect to be surprised by the Developers' new plan and believed it needed more scrutiny. In closing, she stated they are not talking about disapproval of the project, they are asking specifically for an environmental assessment worksheet. JIM MARTIN, attorney for homeowners, stated he was asked to advise them of their legal rights in regards to their objections to the proposal. He advised them that their rights depended on the law which is the zoning compliance, the planning study and policy of the City. The criticism of the plat was to the body that approved the proposal. Time, effect and experience indicated that this plat should not be approved. He felt the criticism was valid in respect to the transition zone for Plan 1, Plan lA and Plan 1B. The City has, as one body of law, the Guide Plan. Another body is the Purgatory Creek Study which was presented to the Council in 1976 and identified open space and park, and special efforts which should be taken to keep it in its natural state. He continued that this was not an open and shut case. He believed the opponents of this plan had come forward with some evidence that there is the potential for significant environmental impact. The request by the homeowners was supported by the petition for the EAW, and letters from the Audubon Society and the Army Corp of Engineers. It would behoove the City Council to let Professor Martin look at Plan 1B to see if he can add -to it. Eden Prairie City Council -14- January 19, 1988 He was convinced that the City Council had a duty to let the process unfold and obtain an environmental assessment worksheet for Plan 1B. He continued that Professor Martin has stated there is not just a potential of impact, there is actually going to be significant devastation to the lower Purgatory Creek corridor based on Plan 1; and with Plan 1B there are still lots in the conservancy area where there has never been lots proposed before. MELANIE KREMER, 10131 Phaeton Drive, inquired about the access to the trail included in the park. Lambert responded that the private drive would be the only access to the creek floor without steps, from Riverview Road north to a proposed access across from Homeward Hills Park. In the years to come, a trail from County Road 1 to Riverview Road with various access points would be proposed and all determinations thereof made by Council via a public hearing. DONALD BRAUER stated the City Comprehensive Guide Plan and Purgatory Creek Study were guides for the planning and processing of preservation of the land. He noted that nothing new had been proposed in this proposal versus other development proposals in the area, except for the private road and it corrects a serious erosion problem and provided future drainage. It provides the City with an opportunity to provide access to valley floor for emergency vehicles and for pedestrians. Other projects in this area have been done without the benefit of a formalized EAW process. The Staff and Council have reviewed many environmental assessment worksheets. There are a lot of questions and Staff knows the answers to them. All these factors have been considered in its review. He did not feel there was any benefit to the worksheet at this point in the reviewing of this proposal, WALLY HUSTAD responded that the Creek Knoll project in 1977 did have an EAW and it was presented to Council. With respect to the penetration of the valley, residents requested at the Parks, Recreation & Natural Resource Commission meeting that a task force be set up so that the whole issue of utilization of the valley be discussed with citizen input rather than just a . small group of people deciding the use. Once the Council makes the decision to put a road down in the valley the City would pre-empt the decisions of the future. The Council should set up a task force made up of developers, Council, Staff and residents to decide if the City wants a Moir Park as in Bloomington, a Minnehaha Park as in Minneapolis, or something special. DORIS BROOKER speaking to the approval of the environmental worksheet, stated that 25 residents who signed the petition and 45 others are asking that the worksheet be done. Professor Martin has stated the slopes addressed in Plan 1B are'on the Eden Prairie City Council -15- January 19, 1988 south edge and lots on the north edge have not been addressed due to the brevity of time he has seen the plans. The least that the road in the ravine does is improve the drainage. The road into the ravine and the north lots need additional attention for evaluation. Residents have a concern and the City has something to think about for parks and trails. MARJORIE PITZ, Martin & Pitz Associates, stated it has not been brought forward that the road to the ravine is a very steep road with a 10% grade and should be looked at for environmental assessment impact. Harris inquired to Pitz if in Plan 1B the grade was still at 10%. Developer answered affirmatively and that 10% was not a steep grade for this area. Public Works Director Dietz responded that 8% was the City standard for public streets, but by policy, a private drive can be as much as 12%. Pidcock inquired if this road would be the only access for the public to enter the park or was there another area. Anderson replied that there was not another entrance open for public to access Purgatory Creek south of County Road 1. Lambert stated that the just approved Bluffs East 5th Addition would create a creek crossing with steps down the slope as well as another area across from Homeward Hills Park would go downward without stairs so the disabled would have access. There was no further public comment. MOTION 2: Bentley moved, seconded by Anderson to close the public hearing. Motion carried unanimously. MOTION 3: Bentley moved, seconded by Anderson to take off the table the question of the EAW, and open for discussion. Motion carried unanimously. Bentley stated that one of the reasons for the EAW was to go through the review process which the City does in the process of reviewing a development proposal. In virtually every case of an EAW it was repetitive of work done by the City. He has not seen an EAW presented that contradicted the work done by the City Staff. The purpose of an EAW was to help determine the impacts on the environment addressing such things as soil erosion vegetation, and these have all been addressed. -He was not unsympathetic to the residents but does not see the necessity of the EAW and supported the motion. Pidcock was in agreement with Bentley. Pauly stated the motion should be clarified that the project presented here this date, Plan 1B dated January 18, 1988, does not have the potential for significant environmental effects. Eden Prairie City Council -16- January 19, 1988 Peterson stated he was sensitive to the involvement of the people and applauded them for their involvement and quality of presentation. Their questions were answered and he would feel differently about the EAW if this was the first proposal or if it were a larger proposal. He believed the environmental questions had been raised and addressed by Council, Staff and residents, and he supported the motion. Anderson commented that this is a sensitive area and was appalled last June when he saw the original plans. The current plan is a significant improvement from the last one he saw and he is satisfied with the project which has resulted from the process of negotiation, investigation of the harmful effects on erosion, soils, and trees. The questions of the EAW have been met to his satisfaction. Pidcock applauded the people who worked so hard to bring this project to its present stage. Pauly stated that as a part of the action in any event, there should be a Record of Decision and Findings of Fact. Staff should be directed to prepare a Record of Findings for presentation to and adoption by Council at a future meeting. MOTION 4: Harris moved, seconded by Pidcock to determine that Plan 1B does not have the potential for significant environmental impact and to Direct Staff to prepare a Record of Decision and Findings of Fact for EAW on Creekview Development Plan 13 Proposal dated January 18, 1988. Motion carried unanimously. MOTION 5: Pidcock moved, seconded by Bentley to adopt Resolution No. 88- 15 approving the PUD Concept. Motion carried unanimously. MOTION 6: Pidcock moved, seconded by Bentley to approve 1st Reading of Ordinance No. 8-88-PUD-1-88 for PUD District Review and Rezoning from Rural to R1-13.5. Motion carried unanimously. MOTION 7: Pidcock moved, seconded by Bentley to adopt Resolution No. 88- 16 approving the Preliminary Plat Plan 1B. Peterson requested discussion of rationale for inclusion of homes and private drive; and appointment of a task force to decide on trails, etc. in the near future. He continued that the private drive was the access point and it appeared to him that all the residents of the area should feel comfortable that there are two dwellings at the end of the road to monitor the traffic going to the creek floor. If there were no homes there would be no live-in monitors. The road, without monitors, would be an easy access point for three-wheel Lk7 Eden Prairie City Council -17- January 19, 1988 vehicles and dirt bikes. Having residents as monitors would mitigate the negative effect of the intrusion to the valley. His feelings were that the two homes would not be any more of an intrusion than the present homes in the creek valley. Bentley stated another consideration in the development was the knoll that the Developer was dedicating to the City and the public advantage to having that parcel. Motion carried unanimously. MOTION 8: Pidcock moved, seconded by Bentley to Direct Staff to prepare a Development Agreement incorporating Commission and Staff Recommendations and Council conditions for Plan 1B dated January 18, 1988. Bentley clarified that the motion included a recommendation for public easement down the private road as a condition of approval and acceptance by the City of property dedication offered by the Developer. Wayne Brown stated at the time of final approval dedication of land would become effective. Lambert requested language be stated that Developer has offered the land as a gift. Peterson inquired if it has been defined where the trail would leave the private property and continue on toward the creek valley. Lambert stated the end of the cul-de-sac was the cut off. Motion carried unanimously. Harris spoke to the audience that this was a good demonstration of the democratic process. There had been public and private negotiations, findings of fact, discussion and debate. All present tonight should feel comfortable with the outcome. V. PAYMENT OF CLAIMS NOS. 39828-40123 MOTION: Pidcock moved, seconded by Bentley, to approve the Payment of Claims Nos. 39828-40123. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS None I".; Eden Prairie City Council -18- January 19, 1988 VII. A. CHAMBER OF COMMERCE REQUEST FOR COUNCIL SUPPORT FOR DEVELOPERS FORUM Char Johnson, representing the Eden Prairie Chamber of Commerce, announced that the Developers Forum will be holding its first meeting on January 27th. The purpose of the Developers Forum is to have good communication between the City and developers and eliminate a lot of time for City Staff once they have educated the developers. To make the Developers Forum a success, they are requesting a written statement or resolution from the City Council stating that they are in support of the Forum. Peterson questioned the phrase "provide an advisory committee to the City..." as stated in the Chamber letter dated December 15, 1987, and in the January 13, 1988 letter to Chris Enger. He asked Johnson what is the vision of an advisory committee? What is the definition of the City - is it the Staff, is it the Staff, Council and Commission? Johnson responded that before a meeting the issues to be discussed will be decided by the Chairman of the Forum and Eden Prairie City Manager and who would best represent the City on that particular issue. The definition of an advisory committee is to bring the thoughts of the Forum out at the meeting. Bentley suggested the wording of the advisory committee be stated as follows: Advisory Committee provides the opportunity for advising the City during the process of a Forum or subsequent letter out of the Forum. Peterson stated that with that understanding he was in agreement. Bentley requested City Manager's thoughts on Item 3 of the letter dated December 15, 1987. Jullie responded that his thoughts from the beginning were that this would be a Chamber function, a chance for communication to occur. He has no problem with Staff attending the meetings; however, if City sends out the agendas on its letterhead, it will be perceived as a City project. Johnson responded that the original intention of the Forum was to follow the layout of the Plymouth Developers Forum. The Chamber would feel comfortable with sending out the agendas. Johnson continued that the meetings are very informal and would probably only be meeting four times a year. Paul Dunn will begin as Chairman and will converse with Eden Prairie City Manager and Director of Planning in preparation of an agenda. Eden Prairie City Council -19- January 19, 1988 MOTION 1: Bentley moved, seconded by Pidcock that Council give formal endorsement of the concept of a Developers' Forum and manifest its support through: 1) having the City Manager and City Planner coordinate agenda items with the Forum chair; 2) have a Councilmember assigned as liaison; and a Planning Commissioner assigned as liaison. Motion carried unanimously. MOTION 2: Harris moved, seconded by Anderson to nominate George Bentley as liaison to Eden Prairie Chamber of Commerce Developers' Forum. Motion carried unanimously. B. STORAGE IN SIDE AND REAR YARD SETBACKS In December, 1987, residents of the Topview Road area requested an ordinance regulating the size, type, quantity, and length of time that recreational and miscellaneous equipment can be stored on a property. Staff has conducted research about the extent of such outside storage in the City and the practices of neighboring communities. Recommendations for development of an ordinance appeared in the City Manager's memo dated January 15, 1988. Zoning Administrator Jean Johnson was present and available to respond to the research regarding storage of recreational vehicles in residential districts. Jullie stated that an ordinance would not solve existing problems, but it would address future items which are inevitable. Anderson felt due to resident petitions, the City must have discussion and action on this issue MOTION: Pidcock moved, seconded by Harris to direct Staff to draft an ordinance for approval by Council for Regulation of Rear Yard Setback Storage. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS None IX. APPOINTMENTS None Eden Prairie City Council -20- January 19, 1988 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members LRT Intergovernmental Advisory Committee Meeting Peterson reported that at the last Intergovernmental Advisory Committee meeting, the IAC of the County's Light Rail Transit Project met and discussed the recommendations to the University corridor and the Hiawatha corridor. Contrary to a newspaper story, there was no conflict between the Central City and the suburbs. At the next meeting, tentatively February 5th, he would not be able to attend, and suggested that Craig Dawson represent the City as he was very familiar with all of the material. B. Report of City Manager City Manager Review Form Jullie distributed an alternative review form and requested that it be evaluated and utilized. Harris stated Council needs to decide if this were a conceptual document or a final document. If Council agrees conceptually to develop something like this, two or three documents should be reviewed. MOTION: - Harris moved, seconded by Pidcock to accept the concept of the City Manager Review Form. Motion carried unanimously. C. Report of City Attorney None D. Report of Director of Planning None E. Report of Director of Community Services 1. PROPOSAL FOR UPDATING COMPREHENSIVE PARK PLAN AND DEVELOPMENT PLAN The Director of Community Services prepared a Request for Proposal to update the Comprehensive Park Plan and Development Plan. No cost estimate has been made for this project; however, it was recommended that it be funded with Cash Park Fees. Eden Prairie City Council -21- January 19, 1988 MOTION: Bentley moved, seconded by Harris to recommend approval be given to the Request for Proposal for Updating the Comprehensive Park Plan and Development Guide. Motion carried unanimously. 2. ADAPTIVE RECREATION PROGRAM SERVICES AGREEMENT During the 1988 Budget discussion the Council approved an Adaptive Recreation and Services Program with the under- standing that it would be provided through contract with the cities of Bloomington, Richfield and Edina. Two agreements were presented to implement the program: 1) An agreement between the cities of Richfield, Eden Prairie and Edina in which Eden Prairie agrees to pay Richfield up to $25,000 for a full calendar year of recreation services; and 2) A Joint Powers Agreement forming the South Suburban Adaptive Recreation Board among the four cities. Staff and City Attorney had reviewed these documents and recommended approval. MOTION: Bentley moved, seconded by Harris to recommend approval of Adaptive Recreation Program Services Agreement dated January 8, 1988. Motion carried unanimously. F. Report of Director of Public Works None G. Report of Finance Director 1. CLERK'S LICENSE LIST Peterson stated private kennel license requests had been withdrawn. MOTION: Bentley moved, seconded by Harris that Clerk's License List be approved with the exception of the Private Kennel Licenses. Motion carried unanimously. XI. NEW BUSINESS None XII. ADJOURNMENT MOTION: Bentley moved, seconded by Pidcock to adjourn at 12:08 AM. Motion carried unanimously. SPECIAL MEETING EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 8, 1988 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 3:30 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, Asst. to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Finance Director John Frane, and Recording Secretary Sue Anderson. ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bentley moved, seconded by Harris to approve the Agenda and Other Items of Business, as published. Motion carried unanimously. II. DISCUSSION ON DOWNTOWN CONCEPT City Manager Jullie reported on the Staff involvement to date and the materials provided to Council on the downtown planning. This included City Attorney Pauly's package on economic tools to utilize in the development, and the Planning Departments research providing options, procedures and goals. Jullie informed Council that a developer for the area had information pertinent to the downtown concept and introduced Mark Rooney of Curt Johnson Properties. Rooney stated he had been in negotiations and discussion with staff and landowners in the past several months regarding 50-60 acres in the core of the downtown area. At the present time his lawyers were working on the purchasing agreements for approximately 23 acres. The land would be under control of Johnson Properties through a land partnership. He spoke of the outline that was submitted for discussion regarding joint planning and engineering with the City to coordinate the entire 50-60 acres in a PUD Concept. He suggested that a city hall could be located in the office building proposed for Phase I development. Phase I would also include a 10- screen theater complex and two or three restaurants on 12.6 acres. He requested that the City create a tax increment project for financing improvements. Eden Prairie City Council Special Meeting 3-8-88 Page 2 Peterson believed Council was being asked to approve something architecturally prior to review of the possible theme of the downtown area. Rooney stated there was a very tight timeline for what they hope to accomplish, but felt by working with Staff in a joint effort, the process would move along smoother. Peterson inquired about a time frame. Rooney replied he wanted to start in June, but realistically it would be August. Bentley felt the City should dedicate the time and energy required to deal with the time frame to see this followed through. He inquired to City Manager what the City might do relative to taxes to financially aid the development. Jullie responded that the City had addressed this issue only in a general manner. They have not discussed specific time limitations, costs, etc. He felt this must unfold in the proper sequence of events. Bentley stated that to put a tax increment project in process the development needs defining. Jullie responded that there was a six-month time frame from placing properties in tax-increment status before a building permit could be issued. Rooney stated that by beginning now and paralleling the projects, they could obtain building permits in line with the tax-increment district statutes. Bentley requested that the Council take a public position showing support of the downtown. MOTION 1: Bentley moved, seconded by Anderson that the Eden Prairie City Council supports the development of a Downtown Eden Prairie and is willing to work with developers in the creation of the Downtown Concept. Motion carried unanimously. Harris inquired about the completion date for Phase I. Rooney replied the second quarter of 1989 was the goal. , Director of Planning Enger reported that the City has looked at road alternatives, specifically the inter- sections. Should they be in the core of downtown or on the edge; perhaps a traffic circle which would be a feature of the downtown. He asked Rooney if that was conceived and requested, would there be a 1-2 acres for common or downtown management use on the 12.6 acres of Phase I. Rooney responded that would be worked out in the negotiating as would any other planning questions. Eden Prairie City Council Special Meeting 3-8-88 Page 3 Enger asked for clarification that if the master plan led to the conclusion that there should be a public space in the core area, would there flexibility for it to occur. Rooney replied that there was no flexibility in the 12.6 acres, but it would be possible in the process of moving parcels and could be addressed in later discussions. MOTION 2: Motion by Bentley, seconded by Anderson, to direct Staff to participate in the participation of a Request for Proposals for the Master Planning Study of the area. Motion passed unanimously. MOTION 3: Bentley moved, seconded by Harris, to direct Staff to bring other property owners in the area into the master planning process. Motion carried unanimously. MOTION 4: Bentley moved, seconded by Anderson, to direct Staff to discuss potential City Hall alternatives in the downtown area in the framework of the Citizens Advisory Committee. Motion carried unanimously. Peterson felt the opportunity should be created for interested citizens to comment, make suggestions and review the plan. Pidcock added perhaps a competition could be held to see what the people wanted. Peterson stated the citizens could be and should be involved - without delaying the project. MOTION 5: Bentley moved, seconded by Harris, to direct Staff to explore requirements and possibilities for the City's involvement on a financial level for the downtown, but not necessarily tied exclusively with the current development concept. Dick Feerick, R.M. Feerick & Associates, commented that he was proud and appreciated the work involved by all, the Staff, the Council and the Developer, for finally moving on the development of the downtown area for Eden Prairie. III. DISCUSSION ON NSP TRANSMISSION LINE Closed Executive Session IV. OTHER BUSINESS V. ADJOURNMENT I CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 15, 1988 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Artistic Application & Decorating Assoc. for Retarded Citizens Donahue Construction Greystone Construction Co. C. F. Haglin & Sons Co. Metro Building Systems, Inc. William Poppenberger & Son, Inc. Rutledge Construction Co. Sheehy Construction Steiner Development Sunway Homes, Inc. CONTRACTOR (1 & 2 FAMILY) Barnett Builders The Danberry Company Durabilt Associates, Inc. Mark Eklo Homes Findell Cement, Inc. Goodwin Builders, Inc. Harvey Homes, Inc. Paul Heins Construction Jarip Builders Kee Construction, Inc. Klink Construction M & L Construction Metro Chimney & Masonry Metro Masonary, Inc. John Muehlberg & Associates Olson Brick Rannow Contracting, Inc. Richter Construction Rodan Custom Services, Inc. The Rottlund Company, Inc. Sawhorse, Inc. T. P. Shillock Construction Sunshine Construction ' Tricon Builders, Inc. Tyrol Builders, Inc. W. A. Ungerman Const-uction Gerry Wenkus, Ltd. Bowler Co., Inc. Carlson Plumbing Heating Consultants Hopkins Plumbing & Heating Marsh Plumbing & Heating P J Plumbing Roto-Rooter Services Co. Don Weld Plumbing GAS FITTER Diversified Mechanical Services Hopkins Plumbing & Heating Co. Marsh Plumbing & Heating Seasonal Control Company Thermex Corporation Valley Aire, Inc. HEATING & VENTILATING Bowler Co., Inc. H. Conrad MFG. Co. Diversified Mechanical Services Heating Consultants Hopkins Plumbing & Heating Co. P J Plumbing & Heating Seasonal Control Company Thermex Corporation Valley Aire, Inc. SCAVENGER Roto-Rooter Services Co. WELL DRILLING Braunwarth Well Co. UTILITY INSTALLER Roto-Rooter Services Company CLERK'S LICENSE APPLICATION LIST page two TYPE C FOOD Mark's Eden Prairie Amaco CIGARETTE Mark's Eden Prairie Amaco COMMERCIAL KENNEL Kingdale Kennels TYPE B FOOD Penguin Ice Cream REFUSE HAULER Waste Technology These licenses have been approved by the department heads responsilbe for the licensed activity. 14(P MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson Change Order No. 1, Fire Station Construction Contract March 8, 1988 Work is progressing well under the circumstances for the remodeling and construction of Fire Stations No. 3 and 4. The contract executed by the City and Watson-Forsberg, Inc. called for the work to be performed for $1,343,450. Further, the new station (No. 4) was to be completed by July 1, 1988, and Station No. 3 was to be finished by November 1, 1988. Change Order No. 1 requests changes totalling $2,147 in additions, $45 in deductions, and a time extension for Station No. 4. Additions include a new door at the southeast corner of Station No. 3 which is needed for access during reconstruction. It would also become a permanent egress from the building. The other addition is to have a vinyl wall base for three rooms. Deductions occur from changes in plumbing fixtures. Net cost for these changes is $2,102. — The time extension request results from an occurrence which the City Attorney has advised is beyond the contractor's control. C.W.O. Inc., Watson-Forsberg's steel supplier, had a bank foreclosure. Identifying a new steel supplier placed work six weeks behind schedule. The contractor has requested a 42-day extension, thus resulting in a completion date of August 12, 1988. (The contractor expects that work on Station No. 3 will also be done at about that time.) Recommendation: It is recommended that Council approve Change Order No. 1 which increases the contract amount by $2,102 and extends the completion date for Fire Station No. 4 to August 12, 1988. CWD:CJJ:jdp E Watson-Forsberg Company 252 South Plaza Building Minneapolis, MN 55416 ARCHITECT 1848.003.03-1'S PROJECT NO CONTRACT FOR General Construction CONTRACT DATE: November 5, 1987 CHANGE ORDER Aln DOC:0A.1FM' (701 Dr,trIbution to 0\VNER ARCHITECT CONTRACTOR . CI FIELD OTHER PROJECT. New and Remodeled Fire 4+ (name, address) Stations, Eden Prairie, Minnesota TO (ConlracturI: CHANGE ORDER NUMBER: 1 INITIATION DATE: March 1, 1988 You are directed to make the following changes in this Contract: Provide the following work required by Proposal Request No. 2: 1. Provide door and frame per Drawing 11R0002. Door 150 to be existing 3'-0" x 7'-0" door with hardware originally located near Door 15C. Prepare and paint door frame with enamel paint of color to be selected by Architect. 2. Refer to Drawing 6 Dated September 30, 1987. On Plan No. 1, provide vinyl base for Rooms 6, 7, and 9. ADD $ 2,147.00 (Continued on Page 2) ATTACHMENTS: Proposal Request No. 2. Watson-Forsberg letter dated February 15, 1988. TEK Mechanical Service Inc. letter dated January 25, 1988. Watson-Forsberg letter dated February 12, 1988 with enclosure. Not valid until signed by both the 0,ner and Ar< Wert Signature of the Contractor indicates his agreem,nt hereisith r including any adjustment in the Contract Sum or Contract Tune. The onginal (Contract Sum) H5marmmee.d.Otmitmltr{i011) was $1,353,450.00 Net change by previously authorized Change Orders 0.00 The (Contract Sum) (6namnteed-ktreininfrrectso prior to this Change Ord e r w a s $1,353,450.00 The (Contract Sum) KCfrvarteed-NiarimmtirEt!i) will be 6ncmasech (decrea s e d ) M r c n u T T E M d i by the Change Order $ 2,102.00 The new (Contract Sum) ihiemnk as,mcSl including this Change Order wdl be $1,355,552.00 The Contract Tune will be uncreased)44,4ea,e4) kowk&ni)t)ed) by Forty_two days for Station No. 4 Only. The Date of Substantial Completion as of ihe dale of this Change Order ihe r e f o r e : i s Authorized: City of Eden Prairie leg . Snuth Rlaza_Building tIlisd R Executive Drive Address Acldre,s Address Minneapolis, MN 55403 Minneapolis, MN 55416 Eden Prairie, MN 55344-3677 By BY BY DATE DATE DATE Setter. Leach & Lindstrom lac. Watson-Forsberg Cgmpany MA DOCUMENT 6701 • CHANCE ORDER • APRIL 7978 EDITION • AIM, • At 1978 tilt AMIRI( AN INSTITUTE Or A8(1111ICTS, 1735 NEW N'ORK Svt , N m41151;105, DC 20005 G701 —1978 Change Order No. 1 Comm. No. 1848.003.03-1 Page 2 3. a. Refer to Specification Section 15220, Domestic Hot Water System 1.1 Gas Fired Water Heater. - Add A.O. Smith as approved manufacturer. b. Refer to Specification Section 15300, Plumbing Fixtures and Trim 1.6 Plumbing Fixtures Specifications. Item F-8 Mopsink. - Add E.L. Mustee as approved manufacturer. c. Item F-9 Electric Water Cooler. - Add Elkay as approved manufacturer. DEDUCT ($ 45.00) TOTAL ADD $ 2,102.00 4. Refer to article 3 of the Standard Form of Agreement Between Owner and Contractor. The contract time for completion of Fire Station No. 4 is extended 42 calendar days to August 12, 1988 due to bank foreclosure of C.W.O. Inc. (No change in cost) MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services March 9, 1988 Addendum to Joint Powers Agreement South Suburban Adaptive Recreation Board Enclosed is a copy of an amendment to the Joint Powers Agreement Between the City of Bloomington, Edina, Eden Prairie, and Richfield establishing the South Suburban Recreation Board. This addendum was suggested by the City of Richfield, and simply clarifies that the Adaptive Recreation Program shall not be implemented until approved on an annual basis by the City Council of each party, and that the Board may not make any substantial changes in policy affecting the development, coordination or conduct of the adaptive recreation programs without first obtaining approval of the City Managers of each of the communities involved. City staff recommends approval of this addendum as written. BL:mdd Respectfully yours, ohn B. Dean Mr. Thomas S. Erickson Mr. Roger Pauly, Esq. c/o Dorsey & Whitney 4108 IDS Center 2200 First Bank Place East Minneapolis, MN 55402 Minneapolis, MN 55402 Mr. David Ornstein City Attorney City of Bloomington 2215 West Old Shakopee Road Bloomington, MN 55431 Re: Addendum to Joint Powers Agreement - South Sub u r b a n Adaptive Recreation Board Gentlemen: Last week each of us was provided with a p r o p o s e d addendum to the Joint Powers Agreement. A copy of the addendum, modified into execution f o r m a t , is enclosed. It is my intention to present the a d d e n d u m to the Richfield Council at its March 7, 1988, m e e t i n g . However, those plans are somewhat contingent upo n w h e t h e r you and your clients find the form and conten t o f t h e addendum to be acceptable, and whether they als o i n t e n d to obtain approval in the near future. LeFeYere Lefler Kennedy O'Brien & Drawz February 24, 1988 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone 612)333-0543 Telecopier 1612) 333-0540 Clayton L. LeFevere Herbert P. Lefler .1. Dennis O'Brien John E. Orawz David J. Kennedy Joseph E, Hamilton John B. Dean Glenn E. Purdue Richard J. Schietter Charles L. LeFevere Herbert P. Lefler Ill James J. Thomson. Jr. Thomas R. Galt Doyle Nolan John G. Kressel Steven B. Schmidt James M. Strommen Ronald H. Batty 'ham P. Jordan am R. Skallerud •.odney D. Anderson Corrine A. Heine David D. Beaudoin Steven M. Talien Mary Frances Skala Christopher J. Hammel Timothy J. Pawlenty Rolf A. Sponheim Julie A. Bergh Darcy L. Hitesman David C. Roland Karen A. Chi:vilerlik Paul 0. Baertschs Accordingly, please let me know, prior to March 2 , 1 9 8 8 , whether it is appropriate for me to take this add e n d u m t o the Richfield Council for consideration. JBD:rsr Enclosure cc: Lillian Hipp ADDENDUM TO JOINT AND COOPERATIVE AGREEMENT AMONG CITIES OF BLOOMINGTON, EDINA, EDEN PRAIRIE AND RICHFIELD ESTABLISHING SOUTH SUBURBAN ADAPTIVE RECREATION BOARD WHEREAS, on , 1988, the City of Bloomington, City of Edina, City of Eden Prairie and City of Richfield e n t e r e d i n t o a Joint and Cooperative Agreement establishing the South Su b u r b a n A d a p t i v e R e c r e a t i o n Board for the purpose of providing adaptive recre a t i o n p r o g r a m s a n d s e r v i c e s to disabled persons; and WHEREAS, the parties hereto desire to amend Artic l e 4 , S e c t i o n 2 o f said Agreement; NOW, THEREFORE, it is agreed as follows: 1. Article 4, Section 2 of the Joint and Cooperative A g r e e m e n t b e a m e n d e d b y adding the following language: "The Adaptive Recreation Programs shall not be implemented until approved on an annual basis by the City Councils of each P a r t y . T h e B o a r d m a y n o t make any substantial change in policy affe c t i n g t h e d e v e l o p m e n t , coordination or conduct of Adaptive Recreation P r o g r a m s w i t h o u t f i r s t obtaining the approval of the City Managers of e a c h P a r t y . " 2. This Addendum is effective on the date on which a f u l l y e x e c u t e d c o p y o f this Addendum, together with a certified co p y o f a C i t y C o u n c i l resolution of each of the Parties authorizing i t s e x e c u t i o n , i s f i l e d with the City Clerk of the City of Richfiel d . T h i s A d d e n d u m m a y b e executed in any number of counterparts, each of w h i c h m a y b e c o n s i d e r e d an original copy. IN WITNESS WHEREOF, the undersigned Parties hav e c a u s e d t h i s A d d e n d u m t o be signed by their duly authorized officers as o f t h e d a t e d u l y i n d i c a t e d opposite their signatures. (43 0 CITY OF BLOOMINGTON Date: By Its By Its City Manager CITY OF EDINA Dace: By Its By Its City Manager CITY OF EDEN PRAIRIE Date: By Its By Its City Manager CITY OF RICHFIELD Date: By Its rm. By Its City Manager R7:005.5AD01.E14 1.1 Bergman Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as o f , 1988, by Richard Bergman, an individual, and Richard Z i m i n s k e a n d M a r j o r i e Z i m i n s k e , h u s b a n d and wife, hereinafter jointly referred to a s " D e v e l o p e r , " a n d t h e C I T Y O F E D E N PRAIRIE, a municipal corporation, hereinafte r r e f e r r e d t o a s " C i t y : " WITNESSETH: WHEREAS, Developer has applied to City for p l a t t i n g o f 2 . 1 6 a c r e s i n t o t h r e e single family lots, situated in Hennepin C o u n t y , S t a t e o f M i n n e s o t a , m o r e f u l l y described in Exhibit A, attached hereto a n d m a d e a p a r t h e r e o f , a n d s a i d a c r e a g e hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the C i t y a p p r o v i n g s a i d p l a t t i n g , Developer covenants and agrees to constructi o n u p o n , d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property i n c o n f o r m a n c e w i t h t h e materials revised and dated November 9, 1987, reviewed and approved by the City Council on January 5, 1988, a n d a t t a c h e d h e r e t o a s Exhibit B, subject to such changes arid mo d i f i c a t i o n s a s p r o v i d e d herein. Developer shall not develop, const r u c t u p o n , o r m a i n t a i n the property in any other respect or manner t h a n p r o v i d e d h e r e i n . 2. Developer covenants and agrees to the perf o r m a n c e a n d o b s e r v a n c e b y Developer at such times and in such manne r a s p r o v i d e d t h e r e i n o f all of the terms, covenants, agreements, an d c o n d i t i o n s s e t f o r t h i n Exhibit C, attached hereto and made a part h e r e o f . 3. Prior to release by the City of the fina l p l a t o f t h e p r o p e r t y , Developer agrees to submit a request for v a c a t i o n o f e a s e m e n t f o r the existing utility easement located alo n g t h e w e s t e r n p r o p e r t y line of Lot 27, Forest Knolls Addition, as d e p i c t e d i n E x h i b i t B , attached hereto. 4. Prior to any issuance of any permit for gra d i n g o r b u i l d i n g o n t h e property, Developer agrees to submit to the C h i e f B u i l d i n g O f f i c i a l and obtain the Chief Building Official's a p p r o v a l o f p l a n s f o r demolition and/or removal of existing Well s a n d s e p t i c s y s t e m s o n the property. Prior to demolition or removal, Developer shall provide to the Ci t y a certified check in the amount of $1,000.00 to guarantee t h e restoration of the property to grade. City agrees to return said certified check to Developer after t h e demolition or removal on the property is completed and after it i s verified by City that the septic systems and wells have been properly removed or demolished, and that the property has be e n restored to grade. 5. Prior to issuance of any building permit upon the propert y , Developer shall submit to the City Engineer, and receive the Ci t y Engineer's approval of plans for streets, sanitary sewer, water , storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, o r cause to be constructed, those improvements listed above in sa i d plans, as approved by the City Engineer, in accordance with Exhibi t C, attached hereto. 6. Prior to issuance of any building permit upon the property , Developer shall submit to the Director of Planning, and obtain th e Director's approval of a revised grading plan depicting a maximu m twelve percent (12%) slope on the new driveway with access t o Rosemary Road for the most southerly lot along Rosemary Road, a s depicted in Exhibit B, attached hereto. 7. Developer acknowledges that, at prior to issuance by the City of an y building permit for the property, Developer shall pay the connectio n fee for sanitary sewer and water for the most southerly lot a l o n g Rosemary Road, as depicted in Exhibit B, attached here t o . ($7,400.00 in 1988) 8. Developer shall notify the City and the Watershed District 48 ho u r s prior to any grading, tree removal, or tree cutting on the proper t y . Amolube Express Oil Change CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #3-86 A N D , ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG O T H E R THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and m a d e a part hereof. Section 2. That Ordinance #3-86 be amended by adding the following to Section 5. of said Ordinance: "The land shall also be subject to the terms and conditions of that certain Supplement to Developer's Agreement dated March 15, 1988, entitled Amolube Express Oil Change, entered into between Amoco Oil Company, a Maryland corporation, and the City of Eden Prairie, which Supplement is hereby made a part hereof." Section 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" a n d Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in th e i r entirety, by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on February 2, 1988, and finally read and adopted and ordered published a t a regular meeting of the City Council of said City on the 15th day of March, 1988 . ATTEST: John D. Frane, City Clerk Gary D. -Preterson, Mayor PUBLISHED in the Eden Rairie News on the day of N Exhibit A Legal Description Lot 1, Block 1, Anderson Lakes Commercial Center 2nd Addition. Amoco Oil Company CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA , R E M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING T H E L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY C O D E C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISION S THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNES O T A , O R D A I N S : Section 1. That the land which is the subject of this Or d i n a n c e (hereinafter, the "land") is legally described in Exh i b i t A a t t a c h e d h e r e t o a n d m a d e a part hereof. Section 2. That action was duly initiated proposing that the l a n d b e removed from the Rural District and be placed i n t h e N e i g h b o r h o o d C o m m e r c i a l District. Section 3. That the proposal is hereby adopted and the land sh a l l b e , and hereby is removed from the Rural District and sha l l b e i n c l u d e d h e r e a f t e r i n t h e Neighborhood Commercial District, and the legal d e s c r i p t i o n s o f l a n d i n e a c h District referred to in City Code, Section 11.03, S u b d i v i s i o n 1 , S u b p a r a g r a p h B , shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisi o n s a n d Definitions Applicable to the Entire City Code Includ i n g P e n a l t y f o r V i o l a t i o n " a n d Section 11.99, entitled "Violation a Misdemeanor " a r e h e r e b y a d o p t e d i n t h e i r entirety, by reference, as though repeated verbatim h e r e i n . Section 5. The land shall be subject to the terms and condit i o n s o f that certain Developer's Agreement dated as of Mar c h 4 , 1 9 8 6 , e n t e r e d i n t o b e t w e e n Amoco Oil Company, a Maryland corporation, and the C i t y o f E d e n P r a i r i e , a n d t h a t certain Owners' Supplement to Developer's Agreem e n t d a t e d a s o f M a r c h 4 , 1 9 8 6 , entered into between 169/Anderson Lakes Corporatio n , a M i n n e s o t a C o r p o r a t i o n , a n d the City of Eden Prairie, which Agreement and Owne r s ' S u p p l e m e n t a r e h e r e b y m a d e a part hereof. Section 6. This Ordinance shall become effective from and a f t e r i t s passage and publication. FIRST READ at a regular meeting of the City Counc i l o f t h e C i t y o f E d e n Prairie on the 7th day of January, 1986, and final l y r e a d a n d a d o p t e d a n d o r d e r e d published at a regular meeting of the City Council o f s a i d C i t y o n t h e 4 t h d a y o f March, 1986. •• ATTEST: 0 ane, ity ry eterson, Mayor 4VISHED in—the Eden Prairie News on the 19th day of March, lna' Amolube Express Oil Change SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered int o a s o f t h i s day of , 1988, by and between Amoco Oil Co m p a n y , a Maryland corporation, hereinafter referred to as "Developer," a n d t h e C I T Y O F E D E N PRAIRIE, hereinafter referred to as "City;" WITNESSETH: WHEREAS, City previously approved agreements for development of t h e l a n d , a portion of said land being that as described in Exhibit A, att a c h e d h e r e t o a n d m a d e a part hereof, and hereinafter referred to as "the property , " a n d s a i d p r e v i o u s agreements being as described below: A November 4, 1980 agreement entitled Anderson Lakes Parkway N e i g h b c r h o o d Shopping Center PUD, for 17 acres of land, approving a Pl a n n e d U n i t Development Concept for the property, said agreement made and e n t e r e d i n t o between Eden Prairie Real Estate Investment Corporation, a M i n n e s o t a corporation, and City; A June 5, 1984, PUD Developer's Agreement entitled National Chil d C a r e , f o r said 17 acres of land, amending the Planned Unit Developme n t C o n c e p t approved by the November 4, 1980, agreement, said agreement made a n d e n t e r e d into between Eden Prairie Real Estate Investment Corporation, a M i n n e s o t a corporation, and City; and, A March 4, 1986, Developer's Agreement entitled Amoco Oil C o m p a n y , f o r approximately 1.4 acres of said 17 acres, approving a P l a n n e d U n i t Development Amendment to the National Child Care Planned Uni t D e v e l o p m e n t approved by the June 5, 1984, agreement, for construction o f a s e r v i c e station, said agreement made and entered into between Amoco Oi l C o m p a n y , a Maryland corporation, and City; WHEREAS, the provisions of said agreements are binding upon and e n f o r c e a b l e against owners, their successors, and their assigns of the p r o p e r t y d e s c r i b e d i n Exhibit A, attached hereto; and, WHEREAS, the parties hereto desire to amend s a i d a g r e e m e n t s ; NOW, THEREFORE, it is agreed by and between t h e p a r t i e s h e r e t o a s f o l l o w s : 1. Developer shall develop the property i n c o n f o r m a n c e w i t h t h e material revised and dated December 10, 1 9 8 7 , r e v i e w e d a n d a p p r o v e d by the City Council on February 2, 1988 , a n d a t t a c h e d h e r e t o a s Exhibit B, and made a part hereof, sub j e c t t o s u c h c h a n g e s a n d modifications as provided herein. Deve l o p e r s h a l l n o t d e v e l o p , construct upon, or maintain the propert y i n a n y o t h e r r e s p e c t o r manner than provided herein. 2. Developer covenants and agrees to the perf o r m a n c e a n d o b s e r v a n c e b y Developer at such times and in such manne r a s p r o v i d e d t h e r e i n o f all of the terms, covenants, agreements, a n d c o n d i t i o n s , s e t f o r t h in Exhibit C, attached hereto and made a pa r t h e r e o f . 3. Developer shall develop the property in acc o r d a n c e w i t h t h a t c e r t a i n developer's agreement dated November 4, 1 9 8 0 a n d t h a t c e r t a i n P U D developer's agreement dated June 5, 1984, b o t h e n t e r e d i n t o b y a n d between Eden Prairie Real Estate Investm e n t C o r p o r a t i o n a n d t h e City, and in accordance with that certai n d e v e l o p e r ' s a g r e e m e n t dated March 4, 1986, entered into between A m o c o O i l C o m p a n y a n d t h e City, except to the extent that said ag r e e m e n t s a r e i n c o n s i s t e n t with this Agreement. Said agreements ar e i n c o r p o r a t e d h e r e i n b y reference. 4. Developer agrees to notify the City and W a t e r s h e d D i s t r i c t a t l e a s t 48 hours in advance any grading or tree re m o v a l o n t h e p r o p e f t y . 5. Prior to issuance of any building permit o n t h e p r o p e r t y , D e v e l o p e r agrees to submit to the City Engineer, a n d t o o b t a i n t h e C i t y Engineer's approval of detailed plans f o r s t o r m w a t e r r u n - o f f , erosion control, and utilities on the prope r t y . Upon approval by the City Engineer, Develo p e r a g r e e s t o c o n s t r u c t , or cause to be constructed, those impr o v e m e n t s l i s t e d a b o v e a s approved by the City Engineer, in accord a n c e w i t h t h e t e r m s a n d conditions of Exhibit C, attached hereto. 6. Prior to issuance of any building permit o n t h e p r o p e r t y , D e v e l o p e r agrees to submit to the Director of Pla n n i n g , a n d t o o b t a i n t h e Director's approval of: A. A revised landscape plan which reflects t h e r e l o c a t i o n o f all displaced trees on the property. B. A revised plan of the building elevations w h i c h r e f l e c t s t h e City Code requirement for 75% of said e l e v a t i o n s t o b e facebrick, or better, materials. Said ma t e r i a l s s h a l l b e consistent with the Design Framework Manual for the property. N C. A revised screening plan based upon the final design of U . S. 169, depicting adequate screening of the parking a r e a s and overhead garage doors on the property from view a t t h e public street elevation. Upon approval by the Director of Planning, Develop e r a g r e e s t o construct said improvements, as approved by the D i r e c t o r o f Planning, in accordance with the terms and conditions o f E x h i b i t C , attached hereto. 7. Developer acknowledges that there shall be no direct ac c e s s t o T r u n k Highway #169 from this property allowed. Amolube Express Oil Change CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-38 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 10-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 10-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of Ma r c h , 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 10-88, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 10-88 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication ADOPTED by the City Council on March 15, 1988. Gary D. Peterson, Mayor ATTEST: Jan D. Frane, City Clerk LW) CHANCE ORDER #1 I.C. 52-096 Bluffs East 4th Addition - Road & Utility Extensions TO: City of Eden Prairie Changes made for work performed in this contract: NATURE OF CHANCES: I. Add wood fiber blanket required by Watershed District in the ravine after letting of contract. 2. Additional dirt work required in this contract for grade changes on Normaney Crest due to platting of Prairie Bluffs Subdivision during construction. 3. Add 10 x 4 sanitary service wyes for Prairie Bluffs Subdivision. ADJUSTMENTS TO CONTRACT COSTS: I. Add the following quantities and costs to the contract: Wood Fiber Blanket - Material & Installation 8,240 S.Y. 0 $1.55 = S 12,772.00 2. Add the following quantities and costs to the contract: Cubic Yards - Additional Dirt Work 5,600 C.Y. 9 $1.35 = $ 7,560.00 3. Add the following quantities and costs to the contract: Material & Installation - 10 x 4 DIP Sanitary Service Wyes 3 9 $225 = 675.00 TOTAL $ 21,007.00 THE ABOVE CHANCES ARE APPROVED Engineer City of Eden Prairie By By Date ,9/9/9ct3 Date THE ABOVE CHANCES ARE ACCEPTED Contractor / , By ( Date P/ CITY OF EDEN PRAIRIE litNNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-37 A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE KNOLL 3RD ADDITION WHEREAS, the plat of PRAIRIE KNOLL 3RD ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for PRAIRIE KNOLL 3RD ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated MARCH 7, 1988. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on MARCH 15, 1988. Gary 0. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: March 7, 1988 SUBJECT: PRAIRIE KNOLL 3RD ADDITION 7,4 PROPOSAL: Hestia Homes, Inc. has requested City Council approval of t h e final plat of Prairie Knoll 3rd Addition located north of Val l e y V i e w Road, west of Ontario Boulevard in the North 1/2 of Section 9 . T h e proposed plat contains 16 single family residential lots and is a r e p l a t of Outlots A and B, Prairie Knoll 2nd Addition. HISTORY: The preliminary plat was approved by the City Council on Augus t 7 , 1984 per Resolution 84-167. Zoning to R1-9.5 was finally read and approved by the City C o u n c i l o n September 4, 1984 per Ordinance 48-84. The Developer's Agreement referred to within this report was e x e c u t e d o n September 4, 1984. VARIANCES: A variance from the requirements of City Code 12.20, Subd. 2.A, waiving the six-month maximum time elapse between the approva l d a t e o f the preliminary plat and filing of the final plat will be neces s a r y . All variance requests not authorized through the Developer's A g r e e m e n t must be processed through the Board of Appeals. Prior to release of the final plat, the Developer shall provi d e l e g a l documents to the City which address mutual easements require d b y t h e zero lot line concept, placement of fences, hedges, maintenance a n d u s e . regulations for jointly owned garages, architectural controls r e l a t i v e to building additions and color treatments and restrictions for o u t d o o r storage of equipment and recreational vehicles. UTILITIES AND STREETS: Municipal utilities and streets will be installed throughout the development in conformance with City Standards a n d t h e requirements of the Developer's Agreement. The Developer previously entered into an assessment agreement t o c o v e r the costs of construction of Valley View Road. This agreem e n t w a s written to describe Prairie Knoll and through consecutive r e p l a t t i n g covers Prairie Knoll 3rd Addition. PAGE 2 OF 2 PRAIRIE KNOLL 3RD ADDITION MARCH 7, 1988 A drainage and utility easement may be necessary over part of Lots 1 through 4, Block 1 covering a ponding area. The Developer and hi s Engineers must define the pond limits and provide satisfactory easement s on the plat prior to release. The drainage and utility easement over the rear portions of Lots 8, 9 , 10, 12, 13 and 14 must be shown on the plat consistant with prese n t slope easement needs for Valley View Road and scenic requirements a s defined by the Planning Department. The Developer and his Engineer mu s t coordinate these needs and enter on the plat prior to release. An existing sanitary sewer line crosses Lots 8, 9, 10, 11 and 12. Thi s line will be abandoned upon completion of the new utilities within th i s plat. Vacation of the underlying easement may be necessary, and must b e coordinated by the Developer prior to release of the plat. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. An executed document covering the scenic easement requirement of th e Developer's Agreement must be submitted to the Engineering Departmen t prior to release of the plat. BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Prairie Knoll 3rd Addition subject at the requirements of this report and the following: 1. Receipt of street sign fee in the amount of $408.00. 2. Receipt of street lighting fee in the amount of $1,456.00. 3. Receipt of engineering fee in the amount of $640.00. 4. Receipt of documents covering zero lot line concept requirements. 5. Revision or correction on plat of dratnage and utility easements defined in this report. 6. Receipt of recordable scenic or conservation easement documents. 7. Receipt of application for the vacation of drainage and utility easement if necessary. 8. Satisfaction of bonding requirements. -MEMORANDUM- TO: THROUGH: FROM: DATE: Mayor and City Council Carl J. Jullie, City Manager Alan D. Gray, City Engineer March 11, 1988 SUBJECT: Agreement between Raymond N. Welter, Jr. and the City of Eden Prairie Regarding Improvements to Blossom Road Resolution 87-93 approved April 21, 1987, authorized utility and street improvements on Blossom Road from Bennett Place easterly to County Road No. 1. Blossom Road was an existing gravel street within a 33 foot right-of-way. The existing intersection of Blossom Road and County Road No. 1 was hazardous for two reasons. The location of the intersection afforded very poor site distance westerly on County Road No. 1 and the angle of intersection was skewed considerably from the preferred 90 degree angle. Two design alternatives for the easterly end of Blossom Road were considered. The first was the relocation of the intersection westerly along County Road No. 1 to a point opposite Spoon Ridge. This alternative would require significant right-of-way acquisition from an existing residential parcel owned by Raymond N. Welter, Jr. The second alternative was to terminate the east end of Blossom Road in a cul-de-sac and eliminate its connection to County Road No. 1. This alternative also required right-of-way acquisition from the Welter property but had considerably less impact on the existing home on Lot 23 of Eden Prairie Acres. After preliminary discussions with Mr. Welter regarding right-of-way acquistion for the widening of Blossom Road, utility installations and the construction of a cul-de-sac, the City began a condemnation action for the right-of-way required from Mr. Welter's property. Mr. Welter and the two property owners on the south side of Blossom Road across from Mr. Welter suggested that the City consider delaying improvements to Blossom Road adjacent to their property. It was the opinion of these property owners that the improvement of the easterly 200 feet of Blossom Road should be delayed until a subdivision plan for the large lots on the south side of Blossom Road is developed. Based on this proposal sanitary sewer and water main would be extendeb the full length of Blossom Road providing utilities to all existing homes. The _ -"installation of concrete curb and gutter and bituminous surfacing would extend 1416 Page 2 of 2 March 11, 1980 from Bennett Place easterly to the east line of the Lutheran Church under construction on the north side of Blossom Road. The easterly 200 feet of Blossom Road would be restored after utility construction with a gravel surface. Access to County Road No. 1 at the east end of Blossom Road would be terminated and a temporary gravel turn-around constructed. With the termination of access to County Road No. 1 this short stretch of gravel surfaced road will be utilized by just three existing single family homes. In order to insure that a cul-de-sac could be constructed in the future, at the east end of Blossom Road, it is desirable to have an agreement with Mr. Welter that would prohibit the construction of any additional homes on the property he owns along the north side of Blossom Road until such time that a permanent configuration for the east end of Blossom Road is developed. The attached agreement has been prepared by the City Attorney's office to document the conditions under which the City terminates its condemnation action against Mr. Welter. This program should provide for an acceptable level of utility surface for the three most easterly homes on Blossom Road, preserve all current alternatives for the construction of the easterly end of Blossom Road and allow for potential alternative configuration for Blossom Road in conjunction with development of the property to the south. ADG:ss AGREEMENT This is an Agreement between Raymond N. Welter, Jr. and Carole Ann Welter ("owners") and the City of Eden Prairie "(City"). The City has initiated a condemnation action entitled City of Eden Prairie v. Raymond N. Welter, Jr., Carole Ann Welter and County of Hennepin seeking to obtain permanent and temporary easements over portions of Lots 22 and 23, Eden Prairie Acres, Hennepin County, Minnesota. The easements were sought for the purpose of right-of-way, utility and drainage projects and temporary construction easements along Blossom Road (hereinafter referred to as the "Improvements"). The City and Owners have agreed to change the character of the Improvements along that portion of Blossom Road abutting the property described above primarily to eliminate paving of the road and construction of a cul-de-sac. NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. The City will install water and sewer along Blossom Road in the current right-of-way. The City will assess to Owners- a proportionate share of the cost of this project, -including reconstruction of the road, based upon front footage. 2. Blossom Road will be reconstructed as a gravel road in front of Lots 20, 21, 22 and 23, Eden Prairie Acres. 14u :6 Page -2- 3. The Owners acknowledge that the City will terminate access from Blossom Road onto County Road #1 in connection with the construction with the Improvements. 4. The City and Owners acknowledge that the Improvements referred to herein are part of a larger construction project on Blossom Road. The construction of Blossom Road as a paved right- of-way will terminate at or prior to the westerly line of Lot 23, Eden Prairie Acres. The City will not construct a cul-de-sac at the terminus of the paved portion of the roadway. 5. The Owners will hereby grant the City contemporaneous with the execution of this Agreement the easements described on Exhibit "A" hereto for the construction and maintenance of the Improvements. 6. No further development of additional housing units will be allowed upon Lots 22 and 23, and no building permit will be issued for construction of additional housing units on said lots 4 until such time as those lots front on an improved road or, in the event Blossom Road is vacated, said lots are provided with an easement for access to an improved road. In any event, a building permit will be issued for construction on said lots only if criteria under then current City ordinances for development are met. — 7. The City hereby agrees that the temporary easement referred to on Exhibit "A" as Easement 24A shall expire upon the uLib Page -3- City's acceptance and approval of a development plan for Lot 22 and/or 23 which eliminates the need for the temporary easement granted herein. 8. The City will restore landscaping of certain decorative rocks adjacent to the driveway on Lot 23 after the Improvements are completed. 9. The parties acknowledge that this agreement may be filed for record against Lots 22 and 23, Eden Prairie Acres, Hennepin County, Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 1988. CITY OF EDEN PRAIRIE BY: Its Mayor BY: Its City Manager Raymon N. Welt r, J Carole Ann Welter Lit.i 1 Page -4- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1988, by Gary D. Peterson and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this , 1988, by Raymond N. Welter, Jr. and Carole Ann Welter, husband and wife. risrao4+04 ete•Nviero.roospe-row.54,4 ROBERTA L. ABDO 1 0:10 NOTAP PUBLIC - '5;lit HENNEPIN COUNTY Cornm.ssion Expacs Oct 29 1991 dp444NN-do..N N~Whos #6/9465-1.CP RFR/02-09-88 day of.-- .e/ 17A Notary Public cr-11 -MEMORANDUM- TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: David L. Olson, Senior Engineering Technician 410 DATE: March 9, 1988 SUBJECT: GRADING PERMIT APPLICATION 88-06 18194 ULLMAN CIRCLE Mr. Steve Kohles, owner of property located at 18194 Ullman Circle, has requested approval of a permit for grading at the above address. The request consists of construction of an earth berm along the rear property line which abutts Valley View Road (refer to attached drawing), intended for reduction of visual and noise interference. The applicant estimates approximately 200 cubic yards of material will be necessary to construct the berm 2 to 3 feet high with 3 to 1 side slopes. Drainage course revisions will be necessary with the bulk of the site runoff to be directed to exit the property near the northeast corner. This construction will not interfere with drainage from adjacent properties. There is a potential for erosion from the site during spring rains. Eroded material will deposit on the bituminous walkway adjacent the property. The applicant proposes to furnish daily inspection and cleanup of material deposited on the walkway. The applicant also proposes to place topsoil and sod at the earliest possible date this Spring. Approval of the grading permit is recommended subject to the following conditions: 1. Berms are substantially shaped and graded at the earliest date permitted by soil and weather conditions. Berms are finish graded and restored with topsoil and sod by June 1, 1988. 2. Applicant shall provide daily inspection and cleanup of the walkway adjacent the proposed berms. The City Engineer may require the installation of erosion control materials if daily maintenance is inadequate to control erosion. 3. The applicant shall be responsible for reconstruction of public facilities (walkways, curbing, boulevards, etc.) damaged during construction. --4. The applicant shall coordinate berm construction with private utility companys (NSP, Minnegasco, etc.) having buried utilities within the construction limits of the berms and shall be responsible for any damage to said private utilities. DO:ss L1A No" ck0 33 0,, rad, Co," aNd LEGEND Iron monuments ) existing elevations proposed elevations ,--eltraw„ direction of propose surface drainage PROPOSED ELEVATIONS te1 lowest floor garage floor (sa6. sl top of foundation ka-d 4 it 2Z,2 walfitst 4c1,4 s,t414 — AcLE Note • Only copies 0110 bear an embossed seal are certified comes Hansen Thorp Pellinen Olson Inc. 3 flanthand Lana Sunanen 7565 011.th gala. end. lath P... Mal 55344 3646 16111 Sa9 I be«by cer ray that this survey was prepared by me or under my soutry.,,o n and that I ani .a duty tequtered land Wily. under NarnoesolA Statutes Stetson 326 02 to 326 16 • 7 - .:!/- Oat* Ott s .trat on No - f. cori? 57 44 Roger's Auto Body CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 44-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section I. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the 1-2 Park District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the 1-2 Park District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 15, 1988, entered into between Roger L. Lindeman, an individual, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of October, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of March, 1988. ATTEST: JOhn D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of (1'5 I Exhibit A ZONING DISTRICT CHANGE That part of the Southwest Quarte r o f S e c t i o n 2 3 , T o w n s h i p 116: Rantie 22 described as follo w s ; B e g i n n i n g a t a p o i n t o n the West line of said Se.:.tion-23,'a .distance of 600.00 feet South- from the Northwest corner o f s a i d S o u t h w e s t Q u a r t e r o f Section 23; thence East parallel w i t h t h e N o r t h l i n e o f s a i d Sbuthwest. Quarter a distance of 5 3 8 . 0 0 f e e t ; -thente South parallel with the • West line ' o f .-Said Southwest Quarter a distance of 130.00 feet; thence W e s t p a r a l l e l w i t h t h e N o r t h Line - of said Southwest Quarter dist a n c e o f 1 8 3 . 0 0 f e e t ;•thence South A3a•e-allel with the West line of said S o u t h w e s t -Quarter. a: distance of 78.00 fe e t ; t h e n c e W e s t p a r a l l e l w i t h the North line of said Southwest Q u a r t e r t o t h e W e s t l i n e thereof;. thence .North .along sa i d W e s t l i n e t o t h e p o i n t o f beginning, except mad right-of-way; Hen n e p i n C o u n t y , M i n n e s o t a PRELIMINARY PLAT That part of the Southwest Quarter o f S e c t i o n 2 3 , T o w n s h i p 116 : Ramp .22 described as follows; B e g i n n i n g a t a p o i n t o n the West line of'said 23, ' a .distance of 600.00 feet South from the Northwest corner o f s a i d S o u t h w e s t Q u a r t e r o f Section 23; Ithence East parallel w i t h t h e N o r t h l i n e o f s a i d Sbuthwest. Quarter a distance of 5 3 8 . 0 0 f e e t ; t h e n c e S o u t h parallel' with the • West line o f :Said Southwest Quarter a' distance of 130.00 feet; thence We s t : p a r a l l e l w i t h t h e N o r t h line - Of said Southwest Quarter a dis t a n c e o f 1 8 3 . 0 0 f e e t ; thence South with the Wet l i n e o f s a i d S o u t h w e s t Quarter- a: distance of 78.00 fee t ; ' t h e n c e W e s t p a r a l l e l w i t h the North line of said Southwest Q u a r t e r t o t h e W e s t l i n e —thereof;. thence .North.alon7 said 'West line to th e p o i n t o f beginning, Hennepin County, Minnesota Roger's Auto Body DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered int o a s o f , 1988, by Roger L. Lindeman, an individual, her e i n a f t e r r e f e r r e d t o a s " D e v e l o p e r , " a n d t h e CITY OF EDEN PRAIRIE, a municipal corpo r a t i o n , h e r e i n a f t e r r e f e r r e d t o a s " C i t y : " WITNESSETH: WHEREAS, Developer has applied to City f o r Z o n i n g D i s t r i c t C h a n g e f r o m R u r a l to 1-2 Park on approximately 1.62 a c r e s , P r e l i m i n a r y P l a t o f a p p r o x i m a t e l y 1 . 9 3 acres, with variances for lot size a n d l o t w i d t h a s a p p r o v e d o y t h e B o a r d o f Appeals, for construction of a 23,911 s q . f t . a u t o b o d y r e p a i r s h o p , a l l s a i d 1 . 9 3 acres situated in Hennepin County, S t a t e o f M i n n e s o t a , m o r e f u l l y d e s c r i b e d i n Exhibit A, attached hereto and made a p a r t h e r e o f , a n d s a i d a c r e a g e h e r e i n a f t e r referred to as "the property;" NOW, THEREFORE, in consideration of t h e C i t y a d o p t i n g O r d i n a n c e # 4 4 - 8 7 , Developer covenants and agrees to con s t r u c t i o n u p o n , d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the prope r t y i n c o n f o r m a n c e w i t h t h e materials revised and dated November 2 5 , 1 9 8 7 , r e v i e w e d a n d a p p r o v e d by the City Council on October 6, 1 9 8 7 , a n d a t t a c h e d h e r e t o a s Exhibit B, subject to such changes a n d m o d i f i c a t i o n s a s p r o v i d e d herein. Developer shall not develop, c o n s t r u c t u p o n , o r m a i n t a i n the property in any other respect or ma n n e r t h a n p r o v i d e d h e r e i n . 2. Developer covenants and agrees to the p e r f o r m a n c e a n d o b s e r v a n c e b y Developer at such times and in such ma n n e r a s - p r o v i d e d t h e r e i n o f all of the terms, covenants, agreements , a n d c o n d i t i o n s s e t f o r t h i n Exhibit C, attached hereto and made a p a r t h e r e o f . _ 3. Developer acknowledges that the pr o p e r t y w i l l b e n e f i t f r o m a n y future improvements to the "future r o a d " l o c a t e d a l o n g t h e s o u t h boundary of the property, as depicted i n E x h i b i t B , a t t a c h e d h e r e t o , and agrees to pay its fair share o f t h e c o r r e s p o n d i n g s p e c i a l assessments for street, sidewalk s and utility construction for said improvements. Therefore, prior to rele a s e b y t h e C i t y ' o f t h e f i n a l 4/15.3 plat, Developer agrees to execute a special assessment agreement with the City for purposes of construction of said improvements to service the property. 4. Prior to release by the City of the final plat, Developer agrees to submit to the Building Department, and to obtain the Building Department's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Upon approval by the Building Department, Developer agrees t o construct said retaining wall improvements as stated above, a s approved by the Building Department, concurrent with the grading a n d street construction on the property, and in accordance with t h e terms and conditions of Exhibit C, attached hereto. 5. Prior to release by the City of the final plat, Developer agrees t o submit to the City an executed agreement with each of the t w o abutting land owners to the south involving construction, maintenance, and use of the temporary driveway access designat e d along the westerly 300 feet of the southern boundary of th e property, as depicted in Exhibit B, attached hereto. 6. Prior to issuance of any grading permit on the property, Develope r agrees to obtain a right-of-entry from the land owner to the north for grading off-site along the north side of the property, a s depicted in Exhibit B, attached hereto. 7. Prior to any issuance of any permit for grading or building on th e property, Developer agrees to submit to the Building Department an d obtain the Building Department's approval of plans for demolitio n and/or removal of existing structures, wells, and septic systems on the property. Prior to demolition or removal, Developers shall provide to the City a certified check in the amount of $1,000.00 to guarantee the restoration of the property to grade. City agrees to return said certified check to Developer after the demolition or removal on the property is completed and after it is verified by City that the structures, wells, and/or septic systems have been properly removed or demolished, and that the property has been restored to grade. 8. Developer agrees to notify the City and the Watershed District a t least 48 hours in advance of any grading on the property. 9. Prior to issuance of any permit for grading upon the propert y , Developer agrees to implement erosion control measures and adequ a t e protective measures for areas to be preserved and areas whe r e grading is not to occur, and ._to obtain City approval of sa i d measures. Prior to approval by the City, the Developer must ca l l for on-site inspection of the property by the C i t y , and defects in materials and workmanship in the implementat i o n o f s a i d m e a s u r e s shall then be determined by the City. Defe c t s i n m a t e r i a l s o r workmanship shall then be corrected by the De v e l o p e r , r e i n s p e c t e d and approved by the City prior to issuance of t h e g r a d i n g p e r m i t b y the City. Approval of materials and workmanshi p m a y b e s u b j e c t to such conditions as the City may impose at the t i m e o f a c c e p t a n c e . 10. Developer agrees to confine grading to that a r e a o f t h e p r o p e r t y within the construction limits as approved b y t h e C i t y E n g i n e e r . Developer shall place snow fencing at the constr u c t i o n l i m i t s o f t h e property prior to any grading upon the property. 11. Prior to issuance of any building permit u p o n t h e p r o p e r t y , Developer shall submit to the City Engineer , a n d o b t a i n t h e C i t y Engineer's approval of plans for streets, s a n i t a r y s e w e r , w a t e r , storm sewer, and erosion control for the prope r t y . Upon approval by the City Engineer, Develop e r s h a l l c o n s t r u c t , o r cause to be constructed, those improvements l i s t e d a b o v e i n s a i d plans, as approved by the City Engineer, in a c c o r d a n c e w i t h E x h i b i t C, attached hereto. 12. Developer acknowledges that the property wi l l n o t h a v e a d e q u a t e sewage disposal capacity at this time for the u s e o f t h e w a s h a r e a , depicted in Exhibit B, attached hereto. Developer agrees, therefore, that the wash area shall not be uti l i z e d u n t i l s u c h t i m e as the property is connected to public sanitary s e w e r a n d w a t e r . In consideration thereof, Developer agrees as foll o w s : A. Prior to issuance of any building permit upon t h e p r o p e r t y , Developer shall submit to the Building Depa r t m e n t , a n d obtain the Building Department's approval of p l a n s f o r a temporary septic tank and drain field system o f s u f f i c i e n t size to treat a minimum of 300 gallons per day o f d o m e s t i c strength sewage. Upon approval by the Building Department of s a i d p l a n s , Developer agrees to construct, or cause to be c o n s t r u c t e d , those improvements listed above in said plan s , a s a p p r o v e d by the Building Department, in accordance with t h e t e r m s a n d conditions of Exhibit C, attached hereto. B. The use of water at this facility is hereby l i m i t e d t o t o the uses approved herein, within the design c a p a c i t y o f t h e on-site treatment system, and to discharge o n l y d o m e s t i c waste to the treatment system. C. Developer will not allow chemicals, oils, o r f u e l s t h a t might be used, or present, on the property to b e d i s c h a r g e d to the on-site treatment system and will ob t a i n f r o m a l l necessary permits and approvals from the Minnes o t a P o l l u t i o n Control Agency for property disposal of sai d c h e m i c a l s , oils, or fuels. D. The use of the on-site sewage treatment system shall be discontinued, that said system shall be properly disconnected, and removed according to City Code requirements, and that Developer shall connect to public sanitary sewer within six (6) months of notification that public sanitary sewer is available to the property. 13. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning and to obtain the Director's approval of a revised landscaping and screening plan which includes details for screening along the south property line from adjacent differing uses and from the public street. Upon approval by the Director of Planning, Developer agrees to implement said plan, as approved by the Director of Planning. 14. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of the following: A. Detailed plans for lighting on the property, indicating the color, style, height, and location of lighting materials to be used. B. Detailed plans for signage on the property, indicating the colors, style of letters, materials, and location of signs to be used. C. Detailed plans indicating the exterior materials to be used on the structures on the property, including color samples, textures, and the location of materials to be used. Materials used for screening of exterior mechanical equipment shall be architecturally compatible with the materials used on the structure. Upon approval by the Director of,Planning, Developer agrees to implement the materials listed above according to the detailed plans, all as approved by the Director of Planning. 15. Developer acknowledges that the 1-2 Zoning District does not permit outdoor storage. Outdoor storage as relates to vehicles would be any vehicle in excess of 3/4 ton. If the area designated for outdoor storage on the property is utilized by Developer, Developer agrees that it shall be utilized under the following conditions, only: A. The storage area shall be used to store only the following types of vehicles: cars, vans, and -small pick-up trucks. Any vehicle in excess of 3/4 ton would be required to be stored inside the structure. B. Developer shall screen the outdoor storage of the vehicles by installation of a six-foot high cedar fence, as described and detailed in Exhibit 0, attached hereto and Made a part hereof.• Roger's Auto Body • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-40 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 44-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 44-87 was adopted and ordered publis h e d a t a r e g u l a r meeting of the City Council of the City of Eden Prairie o n t h e 1 5 t h d a y o f M a r c h , 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 44-87, w h i c h i s attached hereto, is approved, and the City Council finds t h a t s a i d text clearly informs the public of the intent and effect o f s a i d ordinance. B. That said text shall be published once in the Eden Prairie N e w s i n a body type no smaller than brevier or eight-point type, as de f i n e d i n Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made avail a b l e f o r inspection by any person during regular office hours at th e o f f i c e of the City Clerk and a copy of the entire text of the Or d i n a n c e shall be posted in the City Hall. D. That Ordinance No. 44-87 shall be recorded in the ordin a n c e b o o k , along with proof of publication required by paragraph B h e r e i n , within 20 days after said publicatton. ADOPTED by the City Council on March 15, 1988. Gary D. Peterson, Mayor ATTEST: —John D. Frane, City Clerk (-1,9 ) CITY OF EDEN PRAIRIE RESOLUTION NO. 88-39 A RESOLUTION COMMENDING THE EDEN PRAIRIE HIGH SCHOOL GIRLS GYMNASTICS TEAM FOR WINNING THE MINNESOTA STATE HIGH SCHOOL "AA" CHAMPIONSHIP WHEREAS, the City Council of the City of Eden Prairie wishes to recognize achievements which demonstrate community pride and excellence; and WHEREAS, the Eden Prairie Eagles girls high school gymnastics team has proven its excellence by winning the 1988 Minnesota State High School "AA" Championship; and WHEREAS, the team has honored the community not once, but twice by winning this championship for two consecutive years; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, on behalf of the entire Eden Prairie community, to hereby commend the Eden Prairie Eagles girls gymnastics team for its championship performance and thank its members for representing us so well; and BE IT FURTHER RESOLVED that the City express its earnest support for the team as it goes for its third straight title! ADOPTED by the Eden Prairie City Council this 15th day of March, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #88-36 RESOLUTION APPROVING THE PRELIMINARY PLAT OF A TO Z RENTAL FOR A TO Z RENTAL BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of A to Z Rental for A to Z Rental, dated March 11, 1988, consisting of 3.59 acres into one lot and one outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairi e Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of March, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk •n c*, V.. q 60 AREA LOCATICA MAP r, U L,0 STAFF REPORT TO: FROM: 7131-5UGH: DATE: PROJECT: LOCATION: Planning Comnission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning February 15, 1988 Eden Prairie Rental Center Southwest corner of Valley View Road and Plaza Drive APPLICANT/ FEE OWNER: A to Z Rental REQUEST: 1. Zoning District Change from Rural to C-Regional Service on 1.67 acres with variances for outdoor storage and rear yard setback to be reviewed by the Board of Appeals. 2. Preliminary Plat of 3.59 acres into one lot and one outlot. Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for Regional Commercial land uses. Surrounding designations within this area include Regional Commercial land uses to the north, south, east, and west. Specific land uses include vacant property to the north; Menard's Plaza, zoned C- Regional Service to the south; the Factory Outlet Center to the east of Plaza Drive, also zoned C-Regional Service; and, the Menard's complex, zoned C-Regional Service to the west. The proponent is requesting a zoning district change from Rural to C-Regional Service to allow for the construction of a 15,500 square foot building. Land Use The proposed land uses on this site- include the A to Z Rental Center along with their outdoor storage facility and additional retail space. The building, containing Eden Prairie Rental Center 2 February 19, 1988 approximately 15,500 square feet, would be a combination of retail and warehouse space, and outdoor storage for trucks and other heavy equipment. Calculations of square footages for this building would include approximately 9,500 square feet dedicated to retail space and approximately 6,000 square feet dedicated to warehouse space. A significant feature of this site plan includes an area of approximately 14,500 square feet of outdoor storage located to the rear of Phase I serving the A to Z Rental Center. Because the proponent is requesting the C-Regional Service zoning district, a variance is required to allow for any outdoor storage exceeding ten percent of the ground floor area of the primary building. The ground floor area of the building is 3,500 square feet so 350 square feet of outdoor storage would be allowed. The proponent has submitted an application for a variance for outdoor storage in this location. Outdoor storage was originally approved in this area with the Menard's building approved in 1978. The A to Z Rental Center had previously requested and received approval for a variance to allow outside storage to exceed ten percent of the floor area of the building in which they are currently located. This variance request approval was #84-06 and approved January 12, 1984. Specific conditions of the previously approved variance include: 1. That the variance must be utilized within one year. 2. Fencing of the same material and color as Menard's fencing be used. 3. Fencing of sufficient height to screen all equipment from public rons be installed. As a condition to the requested variance, it should be stated that all outdoor storage including but not limited to trucks, trailers, heavy equipment, or other similiar items shall be limited to that area behind the Phase I building. Site Plan The site plan depicts the construction of a building containing approximately 15,500 square feet to be divided into three phases. Phase I, consisting of 7,100 square feet will be the location of the new A to Z Rental Center. Both Phases I and II are designed as two-story buildings which includes the upper level as retail/display space with the lower level as warehouse for the storage of A to Z rental equipment. Phases I and II will contain a total of approximately 12,446 square feet. Based upon a use designation of 50 percent retail and 50 percent warehouse, parking has been calculated using 6 spaces/1,000 square feet for retail and 1 space/2,000 square feet for warehouse. Using-these figures, total parking required for Phase I would be 24; Phase II, 18; and, Phase III, 19 spaces. Actual Phase I parking to be constructed is 30 spaces. A total of 61 stalls are required on-site and are provided on the plan. Access to this site would be provided from Plaza Drive through the use of two access easements. The existing access easement along the south property line will continue to serve Menard's Plaza and also provide additional access to the property to the north. The north access point from Plaza Drive is -designed to align with the access to the Factory Outlet Center while providing service to this site and the site to the north. Eden Prairie Rental Center 3 February 19, 1988 The proposed building meets the minimum requirements of the C - R e g - S e r v i c e z o n i n g district. A variance for a zero lot line rear yard setback t o p a r k i n g h a s b e e n requested in order to allow for the proper front yard setback a n d t o p r o v i d e p a r k i n g along the front of the building. Zero lot line variance req u e s t s i n c o m m e r c i a l districts have been allowed for previous proposals. Grading This site, currently vacant, slopes from approximately the 8 7 4 c o n t o u r e l e v a t i o n along the north property line to the 862 contour elevation in t h e s o u t h w e s t c o r n e r . The intent of the grading plan is to provide for the develop m e n t o f t h e t w o - s t o r y building with the upper story being level with Plaza Drive and t h e l o w e r p o r t i o n s o f Phases I and II approximately 10 to 12 feet lower. Retai n i n g w a l l s a r e b e i n g constructed to allow for the grade difference of approximatel y 1 0 f e e t b e t w e e n t h e upper level and the lower level. This allows for the utili z a t i o n o f a t w o - s t o r y building and provides a significant amount of natural scre e n i n g o f t h e o u t d o o r storage area proposed behind the Phase I building. The c o n s t r u c t i o n o f b e r m s , approximately 4 to 41/2 feet in height along Plaza Drive, are p r o v i d e d t o s c r e e n t h e parking areas. Screening of Outdoor Storage In reviewing the proposed plan for outdoor storage, the buildin g a n d s i t e p l a n h a v e been designed to allow for the outside storage to be locat e d t o t h e r e a r o f t h e property. The elevation of the outdoor storage area is approx i m a t e l y 1 0 f e e t l o w e r than Plaza Drive. This difference in elevation allows for t h e s c r e e n i n g o f t h e outdoor storage area from Plaza Drive. In addition, the prop o n e n t h a s p r o v i d e d a significant amount of screening through the use of landscaping a n d b e r m s . O n e a r e a of concern is the screening of the outdoor storage area from V a l l e y V i e w R o a d . W i t h the construction of Phase I, it appears that there will be a n o p e n v i e w o f t h e storage area from Valley View Road and the Topview neighbor h o o d . T h e p r o p o n e n t should submit site sections from Valley View Road and the Top v i e w n e i g h b o r h o o d t o indicate the visual aspects. A grading plan for the -first ph a s e c o n s t r u c t i o n s h a l l be submitted. At a minimum, the plan shall depict a berm al o n g t h e n c r t h s i d e o f Phase I which adequately screens the outdoor storage from Valley V i e w R o a d . Utilities Water, sanitary sewer, and storm sewer are available t o t h i s s i t e . T h e r e i s a n eight-inch sanitary sewer line, an eight-inch water line, and a n 1 8 - i n c h s t o r m s e w e r line along the west property line between the existing Menar d ' s s t o r a g e b u i l d i n g a n d the proposed building. Appropriate connections will be ma d e t o s e r v i c e t h e t h r e e phases. Landscaping Based on the total building square footage of 15,551 squ a r e f e e t , a t o t a l o f 4 9 caliper inches of plant material are required. The proposed l a n d s c a p e p l a n d e p i c t s nine, eight-foot Colorado blue spruce trees which are the on l y t r e e s c o n s i d e r e d a s shade trees for the calculation of the caliper inch--requireme n t . , S t a f f r e c o m m e n d s that the Techny Arborvitae along the southern property li n e b e r e p l a c e d w i t h a combination of six and eight-foot evergreens in order to provi d e b e t t e r s c r e e n i n g o f the proposeci,outdoor storage area and loading docks and t o m e e t t h e c a l i p e r i n c h Eden Prairie Rental Center 4 February 19, 1988 requirement. Finally, trees within the front yard should inclu d e a c o m b i n a t i o n o f overstory trees along with additional coniferous trees plante d i n g r o u p s t o b r e a k u p parking lot areas and building mass. These revisions sha l l b e m a d e p r i o r t o C i t y Council review. Architecture The building, measuring approximately 180 feet in length and o r i e n t e d t o w a r d s P l a z a Drive, is designed as a typical retail center. Primary buil d i n g m a t e r i a l s i n c l u d e facebrick, glass, and stucco, with the rear elevation of P h a s e s I a n d I I a s r o c k face block. Building material percentages have been calculate d a t a p p r o x i m a t e l y 7 2 % facebrick or better. The building design includes a 6-foot m e t a l c a n o p y s i m i l a r to that on the existing Menards building. This, in addition t o c o m p a r a b l e b u i l d i n g materials is intended to bind the buildings together archit e c t u r a l l y . I n p r e v i o u s retail center approvals, the City Council has recommend e d t h a t t h e f r o n t s i d e architecture be carried around the sides and partially a l o n g t h e r e a r o f t h e buildings in order to improve the visual appearance of th e r e a r o f t h e b u i l d i n g . The front side architecture, including the metal canopy with a m a t c h i n g s t u c c o b a n d , should be extended around the building to accomplish three pur p o s e s : 1. Improve the visual appearance of the rear of the building. 2. Screen any proposed mechanical equipment. 3. Comply with the City Code requirement of 75% facebrick or b e t t e r . Finally, because the building is being phased with Phases I I a n d I I I c o n s t r u c t i o n subject to market conditions, it is not known when Phase I I w i l l b e c o m p l e t e d . Typically, when buildings are phased such as this, the com m o n w a l l w i l l r e m a i n concrete block. Concern has been raised about the visual a s p e c t s o f t h i s a n d whether or not Phase II will ever be built. Because of this, Sta f f w o u l d r e c o m m e n d that face brick be continued along the north elevation of Pha s e I I . Si rg_iage and Liduitirig_ No signage or lighting details have been submitted at t h i s t i m e . B e c a u s e t h i s retail center will be put together as a package, Staff wo u l d r e c o m m e n d t h a t a detailed signage program, with lettering of a consistant s i z e , t y p e , a n d c o l o r b e submitted for review prior to the City Council meeting. Th e p r o p o n e n t s h a l l a l s o submit an overall lighting plan. STAFF RECOMMENDATIONS If the Planning Corrrnission feels comfortable with the pr o p o s e d s i t e p l a n , S t a f f would recommend approval of the request for Rezoning of appr o x i m a t e l y 1 6 a c r e s f r o m Rural to C-Regional Service, and a Preliminary Plat of 3.5 a c r e s i n t o o n e l o t a n d oze outlot, based upon plans dated February 2, 1988, a n d s u b j e c t t o t h e S t a f f Report, dated February 15, 1988, and subject to the following c o n d i t i o n s : 1. Prior to Council review, proponent shall: A. Revise the landscape plan to reflect a •combination of six and e i g h t - foot coniferous trees along the south property line in or d e r t o screen the storage areas and overhead doors and edd.a combination of deciduous and coniferous trees along Plaza Drive td screen p a r k i n g areas. Eden Prairie Rental Center 5 February 19, 1988 B. Revise the architecture of the proposed building to reflect the continuation of the front side architecture partially along the rear of the building and to demonstrate that the mechanical equipment will be screened. The revised elevations shall meet the City Code requirement of 75% facebrick or better. C. Submit building material samples and colors for review. D. Submit a Phase I grading plan which depicts, at a minimum, a berm along the north side of Phase I which adequately screens the outdoor storage from Valley View Road. E. Submit a north building elevation for Phase I which depicts all f acebrick. F. Submit easements for the two accesses from Plaza Drive. G. Submit site sections which depicts the views from Valley View Road and Topview neighborhood for both the Phase I grading plan and final building construction. H. Submit an overall signage and lighting program. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control, and Lility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall pay the appropriate Cash Park Fee. 4. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. 5. Apply for, and receive approval, of the variance requests for outside storage and zero lot line setback to the rear property line. 6. Concurrent with building construction, a 5-foot concrete sidewalk shall be constructed along the west side of Plaza Drive. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, February 22, 1988 7:30 PM IV. DEVELOPMENT PROPOSALS A. A TO Z RENTAL, by A to Z Rental. Re q u e s t f o r Z o n i n g District Change from Rural to C-Reg-Ser v i c e o n 1 . 6 7 a c r e s with variances to be reviewed by the Boa r d o f A p p e a l s , Preliminary Plat of 3.59 acres into one l o t a n d o n e outlot for construction of a 15,500 squa r e f o o t r e t a i l facility. Location: Southwest corner o f V a l l e y V i e w Road and Plaza Drive. e;.- 1 Uram reported the proposed use on this site would include the A to Z Rental Center along with an outdoor storage facility and additional retail space. The building consisting of 15,500 square feet would be a combination of retail and warehouse space. The outdoor storage would be for trucks and other heavy equipment. The proponent has submitted an application for a variance for outdoor storage. A to Z Rental received approval for a variance for outside storage in 1984 to exceed ten percent of the floor area of the building in which they are currently located, called Phase I. Roman Roos, representative for proponent, presented the preliminary plat indicating Phase I, II and III. He stated the elevations of this site permitted outside storage with adequate screening. He pointed out the planned screening in all phases of the project, whereby the landscaping would screen the parking lot without hiding the facility. A zero lot line setback on the rear property line has been applied for through the Board of Appeals. Parking for the two story building was based on 1 per population of 2000. He stated that all trucks would be parked on the back side of Phase I. If Phase II and III did not go forward as planned, they would add more berm for screening. Roos indicated to Council that approval of all phases at this time was essential to the primary lender who has requested the City's assurance the project would continue whereby Phase II and Phase III would be developed. Uram pointed out three areas of concern on the project. The outside storage site plan was 12' lower than Plaza Drive and would need a variance. The zero lot line setback question would be addressed by the Board of Appeals. Mr. Way would move into Phase I immediately. They have agreed to a bond for the amount of the berming if Phase II does not occur. They would construct a berm until Phase II and III are completed. As was indicated in the Staff Report 75% brick face was recommended and required by City Code and at present there was 72% on this project. Uram reported that Staff Recommendations prior to Council review are: 1) revise the landscape plan to reflect a combination of six and eight-foot evergreen trees along the south property line in order to screen the storage areas; 2) revise the architecture of the proposed building to reflect the continuation of the front side architecture partially along the rear of the building and to demonstrate that the mechanical equipment would be screened; 3) submit building material samples and colors for review which should be the same color family as Menards; 4) submit a Phase I. grading plan which depicts a berm along the north side of Phase I 2 screening the outdoor storage from Valley View Road; 5) submit a north building elevation for Phase I which depicts all face brick; 6) submit easements for the two accesses from Plaza Drive (these have been submitted); 7) submit site sections which depict the views from Valley View Road and Topview neighborhood for both the Phase I grading plan and final building construction; 8) submit an overall signage and lighting program with the size of letters and colors; 9) submit the usual utility plans for review by the City Engineer, and erosion control plans for review by the Water- shed District; 10) apply for and receive approval of the variance required for outside storage and zero lot line setback to the rear property line; 11) concurrent with building construction, a 5-foot concrete sidewalk shall be constructed along the west side of Plaza Drive; and 12) rooftop mechanical equipment screening should be supplied and required. Ruebling stated that screening the outside storage along Valley View Drive has always been a problem, and inquired how the proponent intended to fully screen this area. Proponent replied there was a 12' elevation difference and with the 6 and 8 foot evergreens, the storage area should be well screened. Hallett inquired about rooftop screening. Proponent stated there was plenty of room to screen mechanical rooftop equipment. Ruebling inquired if berming would take place prior to Phase II and III thereby raising the elevation line. Proponent replied affirmatively. Ruebling countered that it was difficult to visualize how it would be totally hidden. Franzen stated that in his experience of screening community projects, from some angle they are always visible. On this project, it might be visible due to thd hire elevation of Valley View Road. However, he felt, berming and landscaping would block most of the view. Proponent inquired what the difference was between having 75% face brick and 73%. Staff replied that 75% was City Code and it has not been deviated from in any project to date. Dodge stated that the face brick requirement was an ordinance and all other City projects have conformed. Roos stated that proponent would add 3% brick to comply with City Ordinance. There were no comments from the audience. Hallett inquired of Staff if notices were mailed. Uram replied that the residents were contacted, and one phone call was received regarding the project. 3 LIO Bye asked for clarification of Phase I. Proponent replied that Phase I would contain A to Z rental party goods and medium to small equipment. The 3500 ft. retail area wou l d b e for two potential tenants. Phase II would be all inside storage. Hallett inquired about the variance of more than 10% out s i d e storage. Uram replied it would be appropriate in this instance in view of the fact that it was granted previousl y in 1984 and the overall project would bring about an enh a n c e d situation that what was presently on the site. Uram stated that the Commission could consider, because P h a s e I received a variance of the 10%, that no additional out s i d e storage be requested in Phase II and III. Ruebling stated he was comfortable with the plan and endo r s e d the limitation to outside storage in Phase II and III. Franzen stated that a variance was being requested for A t o Z Rental not the retailers in Phase III. The tenants in Ph a s e III would have to come before the Board of Appeals for mo r e than 10% outside storage. MOTION 1; Motion was made by Bye and seconded by Anderson to close p u b l i c hearing. Motion carried 4-0-0. MOTION 2: Motion was made by Bye and seconded by Anderson to recomme n d to the City Council approval of the request of A to Z Ren t a l for Zoning District Change from Rural to C-Reg-Service on 1.67 acres, with variances to be reviewed by the Board of Appeals, based on plans dated February 2, 1988, subject to the recommendations of the Staff Report dated February 19, 1988, amended to include: 1) plans for mechanical screenin g be submitted prior to Council review; 2) variance request be applied to Phase I and Phase II regarding outside storage; and 3) Phase III would be allowed its own 10% outside storage. Motion carried 4-0-0 MOTION 3: Motion was made by Bye and seconded by Anderson to recom m e n d to the City Council approval of the request of A to Z Re n t a l for Preliminary Plat of 1.59 acres into one lot and one outlot for construction of a 15,500 sq. ft. retail facili t y , based on plans dated February 2, 1988, subject to the recommendations of the Staff Report dated February 19, 19 8 8 . Motion carried 4-0-0. 4 Ut MEMORANDUM TO: FROM: 71-1UGH: DATE: RE: Mayor and City Council David Lindahl, Assistant Planner Chris Enger, Director of Planning March 7, 1988 YEAR XIV (1988-89) PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Hennepin County has indicated that Eden Prairie is eligible to app l y f o r $ 6 4 , 8 5 3 i n Community Development Block Grant funds for the Year XIV funding ye a r . The overall objective of the CDBG program is to provide hous i n g a n d s e r v i c e opportunities for low and moderate income families, elderly, a n d h a n d i c a p p e d individuals. Hennepin County is again requesting, as part of this year's local o b j e c t i v e s , t h a t no more than three activities be undertaken by any one community, a n d e a c h a c t i v i t y should be budgeted with at least $7,500.00. After requests were made to local churches, community services or g a n i z a t i o n s , l o w income service providers, the City's Human Services Director, and C i t y D e p a r . t m e n t Heads, for ideas on activities that will address the needs of the lo w a n d m o d e r a t e income in Eden Prairie, Staff has determined that the existing Year X I I I a c t i v i t i e s should again be approved for funding in 1988. Staff is recommending that the Year XIV allocation be applied tow a r d t h e e x i s t i n g Year XIII activities in the following way: NAME OF ACTIVITY PROPOSED ALLOCATION (I) Public Service Activities: a. Household and Outside Maintenance for the Elderly (H.O.M.E.) - $ 3,325.00 b. Greater Minneapolis Day Care Associatiog (G.M.D.C.A.) - $15,000.00 (2) Housing Rehabilitation - $10,000.00 (3) Scattered Site Housing Assistance - $36,528.00 TOTAL ALLOCATION $64,853.00 PROPOSED CDBG ACTIVITIES (YEAR XIV 1988) ACTIVITY/BUDGET/PROGRAM DESCRIPTION *HOUSEHOLD AND OUTSIDE MAINTENANCE FOR ELDERLY (H.O.M.E.) This program provides household and light outside maintenance •to seniors 60 and over. Services include heavy house cleaning, laundry, snow removal, small appliance repair, installation of storm and screen windows, grocery shopping, and light carpentry wprk. Since 1983, Eden Prairie has contributed, via CDBG funds, $13,916, of which $11,297 has been expendEd serving 37 households. The remaining $2,619 is expected to be spent within the next 11 months. The proposed $3,325 will facilitate the program through 1988. Staff feels this is an appropriate allocation. *GREATER MINNEAPOLIS DAY CARE ASSOCIATION This program provides subsidized day care for low-income families. Funding Year XI (1985-86) was the first year in which Eden Prairie contributed through the COBS program. Since then, $3),002 has been ccntributed to the program. The program has subsidized nine families, six of which are single-parent households. Staff feels $15,000 is an appropriate allocation for the next program year. *HOUSING REHABILITATION GRANT PROGRAM This program provides funds through a grant for housing improvements to income eligible households. The City served two households with $2,621 in grant funds in 1987. Staff feels $10,000 is an appropriate allocation for the next program year. *SCATTERED SITE HOUSING ASSISTANCE PROGRAM This program provides assistarce to low-moderate income families in purchasing homes in Eden Prairie. The City uses CDBG funds to subsidize lot costs of homes being purchased by qualified families, therefore enabling them to purchase a home which they might not otherwise have been able to afford., The City will place a second mortgage on the property for the lot subsidy, which will be recovered in full when the home is sold. The Scattered Site Program, by creating opportunities for low-moderate income families to purchase homes of their own, promotes ownership, increases the supply of affordable, habitable dwellings in Eden Prairie, and recovers CDBG funds originally comnitted to the project. Allocating the remaining balance of $36,528 to the Scattered Site Program will assist three or four families in purchasing homes in Eden Prairie thrOugh 1988. *Program has been previously funded. A recomnendation to fund specific activities is required from the City Council prior to submitting a proposal for the funds to Hennepin County. RESOLUTION NO. 88-35 RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Eden Prairie, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urb a n County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie, Minnesota, has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, following a pu b l i c hearing on March 15, 1988, to obtain the views of citizens on local and Urb a n Hennepin County housing and community development needs and the City's followi n g proposed use of Year XIV Urban Hennepin County Community Development Block G r a n t funds. (Projects) (1) Public Service Activities: a. Household and Outside Maintenance for the Elderly (H.O.M.E.) - b. Greater Minneapolis Day Care Association (G.M.D.C.A.) - (2) Housing Rehabilitation - (3) Scattered Site Housing Assistance - (Budget) $ 3,325.00 $15,000.00 $10,000.00 $36,528.00 $64,853.00 (Total) BE IT RESOLVED that the City Council of Eden Pnairie, Minnesota, approves the proposed use of Year XIII Urban Hennepin County Community Development B l o c k Grant funds and authorizes submittal of the proposal to Hennepin Count y f o r consideration by the Citizen Advisory Committee and for inclusion in the Year X I V Urban Hennepin County Community Development Block Grant Statement of Objectives a n d Project Use of Funds. Date Mayor ATTEST: Clerk It.007 1008 41009 41010 41011 41012 41013 41014 41015 41016 41017 41018 41019 41020 41021 41022 41023 41024 41025 41026 41027 41028 41029 41030 41031 1 032 033 41034 41035 41036 41037 41038 41039 41040 41041 41042 41043 41044 41045 41046 41047 41048 41049 41050 41051 41052 41053 41054 41055 41056 41057 DANA GIBBS US POSTMASTER AWWA CONFERENCE 1988 KEVIN BOLLIG SONJA BROWN BIRTCHER WELSH NANCY BURGETT CITICORP INDUSTRIAL CREDIT INC CYNTHIA COLLINS JIM DETERT EAGLE WINE CO SUSAN FLAGG GRIGGS COOPER & CO INC KIP HAMILTON HENNEPIN COUNTY TREASURER JASON-NORTHCO PROP LP#1 JOHNSON BROS WHOLESALE LIQUOR EARLA KRAUS LMCIT JANICE LOULA LORI MCMILLAN KAREN MCMULLEN JOAN NELSON PAUSTIS & SONS CO PETTY CASH-POLICE DEPT ED PHILLIPS & SONS CO PRIOR WINE CO QUALITY WINE CO MARY RYAN VICKI SYSLO DINH FINH THAI TTTC UNIVERSITY OF MINNESOTA JOAN WAGNER THE WINE CO BUREAU OF ATF MINNESOTA RECREATION & PARK ASSOC AT&T AT&T COMMUNICATIONS AT&T CONSUMER PRODUCTS DIV NORTHWESTERN BELL NSP PETTY CASH BIFFS INC JOHN E CARLON III EDEN INCENTIVES & PROMOTIONS INC ENGCO GENERAL CONTRACTORS FOUR STAR BAR & RESTAURANT SUPPLY GROSS OFFICE SUPPLY INDUSTRIAL SUPPLY CO INC KRAEMERS HOME CENTER MARCH 15,1988 PACKET DELIVERIES 171.00 POSTAGE-POLICE DEPT 890.00 CONFERENCE-ENGINEERING DEPT 285.00 REFUND-SWIMMING LESSONS 20.00 REFUND-AQUA AEROBICS 27.00 MARCH 88 RENT 16006.55 REFUND-FOR KIDS ONLY 10.00 MARCH 88 MAINTENANCE AGREEMENT 656.81 REFUND-FOR KIDS ONLY 14.00 REFUND-BEGINNING SCUBA DIVING 110.00 WINE 1749.84 REFUND-SKATING LESSONS 38.00 LIQUOR 6895.41 REFUND-SKI TRIP 6.00 SCHOOL-COMMUNITY CENTER 35.00 MARCH 88 RENT-LIQUOR STORE 5518.75 LIQUOR 9398.69 REFUND-SWIMMING LESSONS 18.00 LIABILITY INSURANCE-CITY HALL 41567.00 REFUND-SWIMMING LESSONS 44.00 REFUND-SWIMMING LESSONS 20.00 REFUND-SWIMMING LESSONS 17.00 REFUND-SKATING LESSONS 19.00 WINE 93.96 EXPENSES-POLICE DEPT 12.02 LIQUOR 12316.47 WINE 857.43 LIQUOR 5208.35 REFUND-SKATING LESSONS 19.00 REFUND-CENTER CARE 8.00 REFUND-SWIMMING LESSONS 20.00 CONFERENCE-ENGINEERING DEPT 35.00 CONFERENCE-ENGINEERING DEPT 120.00 REFUND-AQUA AEROBLP 27.00 WINE 375.95 RETAIL DEALER LICENSE-LIQUOR STORES 196.00 SERVICE-SOFTBALL TOURNAMENT 40.00 SERVICE 831.75 SERVICE 148.51 SERVICE 24.45 SERVICE 318.91 SERVICE 39146.81 EXPENSES-CITY HALL 64.29 FEBRUARY 88 WASTE DISPOSAL 360.00 MILEAGE/EXPENSES-STREET MAINTENANCE 13.30 HATS-FIRE DEPT 572.48 SERVICE-SENIOR CENTER RENOVATION 5307.37 SUPPLIES-LIQUOR STORE 324.66 OFFICE SUPPLIES-FIRE DEPT 255.5? BEARING-PARK MAINTENANCE 9.62 -SHELVES/BRACKETS/HOSE/HOOKS/HOSE REEL/ 517.61 -STUD SENSOR/HANDERS/SQUEEGIE/NUTS/BOLTS/ -HANDLE/BATTERIES/MENDING PLATE/CORNER -IRON/PIPE/PIPE FITTINGS/LOAD BINDER/ -CARPET RUNNER/CLOTHESLINE/SEALANT/ -CORDLESS DRILL-PARK MAINTENANCE/EQUIPMENT 15074151 472 MAINTENANCE/WATER DEPT CONCESSION STAND SUPPLIES-COMMUNITY CENTER GAS CYLINDERS-COMMUNITY CENTER POSTAGE-SPRING BROCHURE-COMMUNITY SERVICE POSTAGE-MARCH/APRIL SENIOR NEWSLETTER MARCH 88 RENT-LIQUOR STORE MOTOR VEHICLE REGISTRATION-POLICE DEPT MOTOR VEHICLE REGISTRATION-POLICE DEPT MOTOR VEHICLE REGISTRATION-POLICE DEPT MOTOR VEHICLE REGISTRATION-POLICE DEPT MOTOR VEHICLE REGISTRATION-POLICE DEPT RACQUETBALLS-COMMUNITY CENTER WINE WINE LIQUOR WINE SERVICE WINE LIQUOR WINE WINE WINE GRINDER PART-PARK MAINTENANCE CAB FOR JOHN DEERE TRACTOR-STREET DEPT MOTOR VEHICLE REGISTRATION SERVICE-WATER TREATMENT PLANT ADDITION SERVICE-CHAIN ON LAKES STORM SEWER SERVICE-COUNTY ROAD 4 TO MITCHELL ROAD SERVICE-WATER TREATMENT PLANT ADDITION - CLEANING SUPPLIES-EQUIPMENT MAINTENANCE SUPPLIES-CITY HALL -ADJUSTED DOORS/PISTONS/SEALS/BUSHINGS/ -LINKS/BOTTOM CAPS-POLICE BLDG/SHAFT COUPLER-EQUIPMENT MAINTENANCE CASSETTE TAPES-POLICE DEPT -REKEYED 5 CYLINDERS/KEYS/REPAIRED LOCK- SENIOR CENTER BOND PAYMENT -FIRE HYDRANT MARKING POSTS-WATER DEPT/ SIGNS-STREET DEPT HOCKEY OFFICIAL/FEES PAID -BALLOONS/HELIUM TANK & VALVE-SPECIAL EVENTS-COMMUNITY CENTER -REMOVE & REBUILD DOOR CLOSURES/INSTALL LOCKS/LOCK/BOLT/KEYS-POLICE BUILDING 6 KEYS TO THE CITY-AWARDS -MOPS/DUSTERS-LIQUOR STORE/AIR FRESHENER SERVICE-CITY HALL - -SERVICE-ANDERSON LAKES PARKWAY-TH 169 TO -MITCHELL/TRAFFIC STUDY/DELL ROAD/EVENER -WAY FEASIBILITY/COLUMBINE RD FEASIBILITY/ VALLEY VIEW ROAD TO COUNTY RD 4 -BATTERIES-WINDSHIELD WASHER FLUID/ANTI- FREEZE-EQUIPMENT MAINTENANCE _ 41058 MIDLAND PRODUCTS CO '059 VALLEY INDUSTRIAL PROPANE INC .1060 HOPKINS POSTMASTER 41061 HOPKINS POSTMASTER 41062 SUPPLEE'S 7 HI ENTERPRISES INC 41063 MINNESOTA DEPARTMENT OF PUBLIC SA 41064 MINNESOTA DEPARTMENT OF PUBLIC SA 41065 MINNESOTA DEPARTMENT OF PUBLIC SA 41066 MINNESOTA DEPARTMENT OF PUBLIC SA 41067 MINNESOTA DEPT OF PUBLIC SAFETY 41068 R P M DISTRIBUTORS 41069 CAPITOL CITY DISTRIBUTING CO 41070 EAGLE WINE CO 41071 GRIGGS COOPER & CO INC 41072 JOHNSON BROS WHOLESALE LIQUOR 41073 MINNEGASCO 41074 PAUSTIS & SONS CO 41075 ED PHILLIPS & SONS CO 41076 PRIOR WINE CO 41077 QUALITY WINE CO 41078 THE WINE CO 41079 MILWAUKEE TOOL 41080 DEHN TRACTOR & CAB SERVICE 41081 MN DEPT OF PUBLIC SAFETY 41082 BARBAROSSA & SONS INC 41083 RILEY PURGATORY BLUFF CREEK "1 084 SHAFER CONTRACTING COMPANY INC ( )85 SHAW LUNDQUIST ASSOC INC 41086 ACE CHEMICAL PRODUCTS INC 41087 ACRO-MINNESOTA INC 41088 AIRLIFT DOORS INC 41089 ALPHA VIDEO & AUDIO 41090 ALL KEY LOCK & KEY 41091 AMERICAN NATIONAL BANK 41092 EARL F ANDERSEN & ASSOC INC 41093 JERRY ANDERSON 41094 ANDON INC 41095 ARMOR SECURITY INC 41096 AWARDS OF AMERICA 41097 AMERICAN LINEN SUPPLY CO 41098 B R W INC 41099 BATTERY & TIRE WAREHOUSE INC 69344532 475.82 210.33 1296.94 35.09 4535.71 668.73 795.69 623.07 668.73 714.69 140.74 1.00 143.31 6367.46 6999.96 12768.40 37.50 3384.98 299.26 4560.43 36.78 11.00 2350.00 13.25 135068.15 120123.09 32199.20 63718.40 79.50 1326.38 464.36 51.70 97.20 283185.74 1173.30 146.00 27.70 246.23 124.00 30.38 7951.76 293.36 472A MARCH 15,1988 VOLLEYBALL OFFICIAL/FEES PAID MILEAGE/EXPENSES-POLICE DEPT REFUND-WATER & SEWER BILL SERVICE-APPRAISAL OF WELTER CONDEMNATION SEWER PIPE-SEWER DEPT -SAND-SNOW & ICE CONTROL/GRAVEL-STREET MAINTENANCE VOLLEYBALL OFFICIAL/FEES PAID MARCH 88 COPIER RENTAL-FIRE DEPT SALT-SNOW & ICE CONTROL -FAN/BOLT/GASKET/HOSES/THERMOSTAT EQUIPMENT MAINTENANCE BUILDING MAINTENANCE-SENIOR CENTER OIL-FORESTRY DEPT 1 YEAR LEASE-WATER DEPT -REPAIR CAR DIFFERENTIAL-EQUIPMENT MAINTENANCE FEBRUARY 88 SALES TAX FEBRUARY 88 FUEL TAX -SERVICE-5 & MITCHELL/5 8 COUNTY RD 4/ HIGHWAY 5 IMPROVEMENTS ENTERTAINMENT-SENIOR PROGRAM/FEES PAID PRINTER RIBBON-POLICE DEPT COMPUTER TRAINING-FIRE DEPT PRINTER RIBBON-POLICE DEPT PRINTING FORMS-ENGINEERING DEPT SCHOOL/MILEAGE/EXPENSES-POLICE DEPT SUPPLIES-ENGINEERING DEPT FEBRUARY 88 INSURANCE CONSULTANT REPORT-POLICE DEPT TERRY CLOTHS-WATER DEPT SERVICE -KEY STAND/KEY BLANKS/DRILL BITS- EQUIPMENT MAINTEUNCE 2 AIR CumPRESSORS KITS-FIRE DEPT QUICKLIME-WATER DEPT -CORNER GUARD/CLEANING SUPPLIES-WATER DEPT POLICE BUILDING FLOOR DISPLAY-GRILL HOUSE SERVICE-MARCH 88 FEBRUARY 88 EXPENSES -LEGAL SERVICE-GENERAL OBLIGATION WATER AND SEWER BOND EXPENSES-CITY HALL -PRINTING-PUBLIC INFORMATION/EXPENSE:- • CITY MANAGER FINAL PAYMENT-MTED ENERGY GRANT PUMP REPAIR/EXPENSES-FIRE DEPT FILM PROCESSING/PRINTS-POLICE DEPT FILM PROCESSING/FILM/PRINTS-WATER DEPT SHARE OF HOCKEY GATE RECEIPTS-ICE ARENA JANUARY 88 EXPENSES -SHELF/TACKBOARD/WALL HANGER STRIP.,- ENGINEERING DEPT/PLANNING DEPT CHEMICALS-WATER DEPT 270.00 24.91 57.94 110.00 112.88 2556.52 108.00 182.75 1772.85 112.58 50.00 13.20 180.00 55.00 14187.46 300.22 169392.66 60.00 46.94 120.00 253.31 981.66 61.64 71.14 455.00 7.00 110.30 52.60 179.21 1170.78 4981.20 466.87 775.00 49.50 211.00 3600.00 66.38 312.43 1400.00 160.74 44.92 25.47 515.12 35.00 475.35 1060.00 1100 KELLY BAUER ,1101 ANNETTE BEACH 41102 PATTY COLLINS BEADLE 41103 BJORKLUND CARUFEL LACHENMAYER INC 41104 BOYUM EQUIPMENT INC 41105 BRYAN ROCK PRODUCTS INC 41106 NATE D'BUCK 41107 BUSINESS CREDIT LEASING INC 41108 CARGILL SALT DIVISION 41109 CASE POWER & EQUIPMENT 41110 CENTRAIRE INC 41111 CHANHASSEN LAWN & SPORTS 41112 C & N W TRANSP CO 41113 CLUTCH & U-JOINT BURNSVILLE INC 41114 COMMISSIONER OF REVENUE 41115 COMMISSIONER OF REVENUE 41116 COMMISSIONER OF TRANSPORTATION 41117 COMPAS 41118 COMPUTER PLACE 41119 COMPUTER KNOW HOW 41120 COMPUTERWARE DATA PRODUCTS INC A1121 CONCEPT MICROFILM INC 122 JOYCE CONLEY 41123 COPY EQUIPMENT INC 41124 CORPORATE RISK MANAGERS INC 41125 CREDIT BUREAU OF MPLS/ST PAUL 41126 CLEVELAND COTTON PRODUCTS 41127 CULLIGAN 41128 CURTIS INDUSTRIES 41129 CUSTOM FIRE APPARATUS INC 41130 CUTLER-MAGNER COMPANY 41131 DALCO 41132 DAVID 1CYNE CONSTRUCTION INC 41133 DECORATIVE DESIGNS 41134 EUGENE DIETZ 41135 DORSEY & WHITNEY 41136 DRISKILLS SUPER VALU 41137 EDEN PRAIRIE CHAMBER OF COMMERCE 41138 EDEN PRAIRIE CHAMBER OF COMMERCE 41139 EDEN PRAIRIE FIRE DEPT 41140 E P PHOTO 41141 E P PHOTO 41142 EDINA HIGH SCHOOL '43 CHRIS ENGER 44 FACILITY SYSTEMS INC 41145 FEED RITE CONTROLS INC 20723553 4728 MARCH 15,1988 146 FEIST BLANCHARD CO -HANDLE/THREADED ROD/DRAG CONNECTOR LINK/ -HOSES/BELTS/HOSE CONNECTORS/STRIP CRIMPER -MULTI-TESTER/LEADER KITS/POST CLEANER -BEARINGS/REAR VIEW MIRRORS/SUPERGLUE/ -CLUTCH DISC/CLUTCH ASSEMBLY/TIE ROD ASSEMBLY & SOCKETS-EQUIPMENT MAINTENANCE 41147 FITNESS ASSOCIATES INC STRESS TESTS 41148 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 41149 FOX MCCUE & MURPHY 1987 AUDIT SERVICE 41150 G & K SERVICES TOWELS/COVERALLS-WATER DEPT/PARK DEPT 41151 GENERAL COMMUNICATIONS INC -RADIO REPAIR-FIRE DEPT/EQUIPMENT MAINTENANCE 41152 GETTING TO KNOW YOU ADVERTISING-LIQUOR STORE 41153 GME CONSULTANTS INC SERVICE-PRAIRIE VIEW DRIVE 41154 GOVERNMENT TRAINING SERVICE CONSULTATION FEE-STRATEGIC PLANNING 41155 ROBERT R GRANT BROOMBALL OFFICIAL/FEES PAID 41156 ALAN GRAY FEBRUARY 88 EXPENSES 41157 GROSS OFFICE SUPPLY OFFICE SUPPLIES-FIRE DEPT/POLICE DEPT 41158 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 41159 H & H INDUSTRIES INC BALLAST-LIQUOR STORE 41160 CHRIS HAGE BROOMBALL OFFICIAL/FEES PAID 41161 JIM HATCH SALES CO -BOLTS/WRENCHES/KEYS/BULBS/BOLT PROTECTORS WATER DEPT 41162 HAUENSTEIN & BURMEISTER HYDRAULIC DOOR CLOSER-STARING LAKE PARK 41163 LAURIE HELLING -DRYBOARD/PENCILS-SPECIAL EVENTS- PICTIONARY & PIZZA PARTY 164 HENNEPIN COUNTY TREASURER -SERVICE-FILING FEE-PLANNING DEPT/ -MICROFICHE-ENGINEERING DEPT/ASSESSING DEPT/FORESTRY DEPT 41165 HENNEPIN COUNTY TREASURER WASTE DISPOSAL-FORESTRY DEPT 41166 HENN CTY-SHERIFFS DEPT -REPLACED CABLES/BELT LOOPS/CONTROL CABLES FIRE DEPT 41167 HENN CTY-SHERIFFS DEPT JANUARY 88 BOOKING FEE 41168 ALLENE HOOKUM -SUPPLIES/PRINTINGcHISTORICAL & CULTURAL COMMISSION 41169 IBM CORPORATION MAINTENANCE AGREEMENT 88-POLICE DEPT 41170 INDEPENDENT SCHOOL DISTRICT NO 27 -AUDITORIUM RENTAL-HISTORICAL & CULTURAL -COMMISSION/JANITORIAL SERVICE & BLDG -MAINTENANCE-FAMILY CENTER/CLEANING SUPPLIES-PUBLIC WORKS BLDG & PARK BLDG 41171 INDUS-TOOL OFFICE SUPPLIES-POLICE DEPT 41172 INTERNAL MEDICINE OF MINNEAPOLIS MEDICAL REPORT-POLICE DEPT 41173 INTL OFFICE SYSTEMS INC -FEBRUARY 88 MAINTENANCE AGREEMENT/CITY HALL/SUPPLIES-FIRE DEPT/POLICE DEPT 41174 ISS INTERNATIONAL SERVICE SYS INC -MARCH 88 JANITORIAL SERVICE/MAINTENANCE SUPPLIES-CITY HALL 41175 J & R RADIATOR CORP RADIATOR REPAIR-EQUIPMENT MAINTENANCE 41176 RICHAEL W JACQUES MILEAGE-LIQUOR STORE 4 :177 3 P4 OrPTCE PRODUCTS INC OFFICE SUPPLIES-WATER DEPT/FIRE DEPT 41178 JEAN JOHNSON MILEAGE 41179 KAY JOHNSON EXERCISE INSTRUCTOR/FEES PAID 80 JUSTUS LUMBER CO -TIMBERS/PLYWOOD/SCREWS/NUTS/STYROFOAM/ -TAPE/DRY WALL-FIRE DEPT/POLICE DEPT/ COMMUNITY CENTER/PARK MAINTENANCE 41181 K FACTOR -INSULATE EXHAUST SYSTEM ON GAtmeNGINE- WATER DEPT 2308399 472C 1069.98 90.00 316.47 6000.00 354.12 1218.70 66.00 861.84 3621.20 532.00 200.00 196.21 139.00 49.48 122.00 39.66 102.88 14.82 802.05 225.00 237.50 179.75 60.39 1219.00 2057.05 188.50 15.00 199.34 1316.44 -96.48 11.25 269.91 16.00 288.00 322.97 585.00 41182 KILLMER ELECTRIC CO INC 41183 MARY KOTTKE I/ 1 184 LA HASS MFG & SALES INC LANCE 41186 CINDY LANENBERG 41187 JOHN A LE ROY CO LIONS TAP 41188 41189 LIONS TAP 41190 LOGIS 41191 MIKE LONGMAN LYMAN LUMBER CO 41192 41193 MOHAWK BUSINESS RECORD STORAGE 41194 MUNICI-PALS ASSOCIATION 41195 MACQUEEN EQUIPMENT INC 41196 MARSHALL & SWIFT 41197 MIKE MARUSHIN 41198 MASYS CORPORATION 41199 41200 41201 41202 41203 41204 41205 41206 f !07 VOID OUT CHECK MATTS AUTO SERVICE INC MCGLYNN BAKERIES INC MCGLYNN BAKERIES INC MCNEILUS STEEL INC METRO WASTE CONTROL COMMISSION MID CENTRAL INC JON MILLER MINNEAPOLIS AREA CHAPTER 41208 MEDICINE LAKE LINES 41209 METRO PRINTING INC 41210 MINNESOTA BLUEPRINT 41211 MN CHIEFS OF POLICE ASSOCIATION 41212 MINN COMM 41213 MINNESOTA CONWAY FIRE & SAFETY 41214 MINNESOTA DAILY 41215 MINNESOTA SUBURBAN NEWSPAPERS INC 41216 MODERN TIRE CO 41217 MOTOROLA INC 41218 MTI DISTRIBUTING CO 41219 MY CHEESE SHOP 41220 NATIONWIDE ADVERTISING SERVICE IN 41221 W E NEAL SLATE CO 41222 MARY NELSON DISTRIBUTING INC 41223 BETH NILSSON 41224 NIGHTINGALE CONANT CORPORATION 41225 JOHN R NORD 26 J P NOREX INC REPAIR LITES-CITY WEST PARKWAY VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID CRANE REPAIR-SEWER DEPT SUPPLIES-LIQUOR STORE UNIFORM-FIRE DEPT NUTS & BOLTS-WATER DEPT REFUND-BROOMBALL DEPOSIT EXPENSES-FIRE DEPT 1988 CLASS 2 SERVICE FEE-STATE BROOMBALL TOURNAMENT -PLYWOOD/TIMBERS-STREET MAINTENANCE/ HOMEWARD HILLS PARK DOCUMENT STORAGE BOXES-POLICE DEPT DUES-CITY HALL BRAKE SHOES-EQUIPMENT MAINTENANCE SUBSCRIPTION-ASSESSING DEPT -MAGNET/DRILL BIT INDEX-EQUIPMENT MAINTENANCE -2 COMPUTERS/3 PRINTERS/INSTALLATION- POLICE DEPT TOWING-EQUIPMENT MAINTENANCE EXPENSES-CITY HALL/POLICE DEPT EXPENSES-FIRE DEPT METAL SHELVES-POOL-COMMUNITY CENTER FEBRUARY 88 SAC CHARGES AIR LIFT BAGS-FIRE DEPT BASKETBALL OFFICIAL/FEES PAID -EQUIPMENT RENTAL-POOL LESSONS-COMMUNITY CENTER BUS SERVICE-ADULT PROGRAMS/FEES PAID PRINTING FORMS/BADGES-POLICE DEPT SUPPLIES-ENGINEERING DEPT DUES-POLICE DEPT MARCH 88 PAGER SERVICE-FIRE DEPT -EXTINQUISHERS/BRA5S VALVES/0 RINGS/ -HELMETS/SCOTCHLITE LETTERS/UNIFORM- FIRE & POLICE BUILDINGS/FIRE DEPT EMPLOYMENT ADS-COMMUNITY CENTER -EMPLOYMENT ADS-COMMUNITY CENTER/ ADVERTISING-LIQUOR STORE TIRES/TUBES-FORESTRY DEPT -RADIO REPAIR/INSTALLATION OF RADIOS- FIRE DEPT/POLICE DEPT CARBURETOR-EQUIPMENT MAINTENANCE • EXPENSES-FIRE DEPT EMPLOYMENT ADS TABLE-GRILL HOUSE -DRIVE SHAFT/PIONION SHAFT/NUTS/CROSS SHAFT/SPROCKET-PARK MAINTENANCE SKATING INSTRUCTOR/FEES PAID TRAINING SUPPLIES-POLICE DEPT EXPENSES-POLICE DEPT SERVICE-WATER MAIN REPAIR-8225 -HIAWATHA 92.50 82.50 96.62 39.65 33.00 28.50 100.00 37.52 7970.00 165.00 703.25 46.25 5.00 252.00 89.00 44.00 8250.00 0.00 173.00 125.46 77.49 202.14 79957.35 2390.00 112.00 10.00 180.00 432.00 18.00 30.00 45.00 1461.75 25.65 800.48 2310.70 1966.64 130.00 19.45 171.99 270.00 381.39 2816.00 32.95 70.00 2420.31 11466454 t 4720 41259 CORY SMITH 41260 SNAP ON TOOLS CORP REPAIRED WIRING FOR FURNACE-FAMILY CENTER 115.05 BOND PAYMENT 39800.71 -SERVICE-WELTER PURGATORY ACRES 2ND 249.55 ADDITION -COMPUTER/ACCESSORIES/SOFTWARE=$2491.05- 6492.85 -WATER DEPT/COMPUTER/MONITOR/SOFTWARE= -$1859.80-HUMAN RESOURCES/PR1NTER=$374.00- -ENGINEERING DEPT/PR1NTER=$381.00- -COMMUNITY CENTER/MAINTENANCE AGREEMENT- CITY HALL WATER TESTS-WATER DEPT 50.00 4 PHONE PAGERS-POLICE DEPT 828.22 BASKETBALL OFFICIAL/FEES PAID 66.00 TEMPORARY EMPLOYMENT-GENERAL SERVICES 33.92 BROOMBALL OFFICIAL/FEES PAID 7.00 -DESK/CHAIR=$660.50-SENIOR CENTER/ 949.50 PARTITION PARTS=$289.00-POLICE DEPT FEBRUARY 88 EXPENSES 181.00 -DEVELOPER-COMMUNITY CENTER/2ND QUARTER 88 336.15 POSTAGE METER RENTAL-CITY HALL -FILM PROCESSING-ASSESSING DEPT/FORESTRY 19.66 DEPT 4 SQUAD CARS 44237.00 MILEAGE 10.00 -PAINT PENS/FUSES/WASHERS/NOZZLE/ 75.33 CONNECTORS/CLAMPS/BATTERIES-FIRE DEPT AS ADVERTISING-LIQUOR STORE 100.00 -EXTENSION PLUG/HEADPHONE/ADAPTOR/TAPES/ 81.41 -CABLE/PLATE/PROGRAMABLE TIMER-CITY HALL/ POLICE DEPT OIL SEAL/SLEEVE/GASKET-WATER DEPT 43.41 CASH REGISTER TAPE-LIQUOR STORE 49.27 MAPS-ENGINEERING DEPT 42.54 REFUND-WATER & SEWER BILL 72.42 -REBUILT TRIP CYLINDER/REPLACED HYDRAULIC 814.28 CYLINDER-EQUIPMENT MAINTENANCE 2 RESCUE KITS-FIRE DEPT 854.32 -MOTOR/ROTOR SHAFT/BEARINGS/BRUSHES/ 763.59 -STARTERS/ALTERNATOR/REPAIR OF ALTERNATOR- EQUIPMENT MAINTENANCE REFUND-GAS FITTER LICENSE 15.00 -LUBRICANTS-EQUIPMENT MAINTENANCE/PARK 265.10 MAINTENANCE CLEANING SUPPLIES-POLICE BUILDING 60.05 LICENSE-STREET DEPT 30.00 JANUARY 88 EXPENSES 200.00 -SERVICE-COMMUNITY CENTER LITIGATION/FIRE 9086.70 STATIONS 3 & 4 -GEARS/SEALS/TRAY/BRACKET/BOLTS/SPRING/ 1326.30 -COVER/LEVER/PIN/BRAKE RELEASE SWITCH/ -HEAT RISER VALVE/CABLE/REPLACED INTAKE -GASKET & CARBURETOR/ADJUSTED IIMER- EQUIPMENT MAINTENANCE HOCKEY OFFICIAL/FEES PAID . 94.00 -TRAY/SPINNER/SOCKET/CHAIN WREMN/FLARE 98.85 SET-EQUIPMENT MAINTENANCE MARCH 15,1988 11 227 NORTHWESTERN SERVICE INC 1228 NORWEST BANK MPLS NA 41229 NORTHERN STATES POWER CO 41230 OFFICE PRODUCTS OF MN INC 41231 PACE LABORATORIES INC 41232 PAGENET 41233 BRIAN PEARSON 41234 PERSONNEL POOL 41235 JOEL D PETERSON 41236 THE PINK COMPANIES 41237 PATRICIA PIDCOCK 41238 PITNEY BOWES INC 41239 PHOTON INC 41240 POLAR CHEVROLET & MAZDA 41241 JOYCE PROVO 41242 PRAIRIE HARDWARE 243 PRAIRIE VILLAGE MALL MERCHANTS 41244 RADIO SHACK 41245 RELIANCE ELECTRIC 41246 RETAIL DATA SYSTEMS OF MN 41247 JIM RICHARDSON 41248 JAMES RIPKA 41249 ROAD MACHINERY & SUPPLIES CO 41250 ROAD RESCUE INC 41251 ROGER'S SERVICE 41252 ROTO ROOTER SERVICES 41253 SAFETY-KLEEN CORP 41254 SANCO INC 41255 DALE SCHMIDT 41256 KEVIN W SCHMIEG 41257 SETTER LEACH & LINDSTROM INC 41258 SHAKOPEE FORD INC 10744898 472E 41261 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIQUOR STORE 243.20 41262 SQUARE CUT -REMOVED & REPLACED DOOR HANGERS-POLICE 80.45 BUILDING ,1263 SUPPLEE ENTERPRISES INC SUPPLIES-LIQUOR STORE 9.60 41264 STATE TREASURER FEBRUARY 88 BUILDING SURCHARGE 5042.95 41265 STREICHERS PROFESSIONAL POLICE EQ -GUN BELT/GUN H O L S T E R / C U F F H O L D E R / C U F F S / 414.45 -MACE HOLDER/BATON & HOLDER/KEY HOLDER/ -AUTO DOOR LOCK OPENER/LAMP-POLICE DEPT/ FEDERAL SIGNAL MOUNT KIT-FIRE DEPT 41266 E A SWEEN CO REFUND FOR WATER BILLS-SALES TAX EXEMPTION 511.06 41267 TENNESSEE CHEMICAL CO CHEMICALS-WATER DEPT 4590.98 41268 TODD COMMUNICATIONS SPEAKER & CAMERA SYSTEM-COMMUNITY CENTER 5024.57 41269 TRIGG INDUSTRIES INC ROAD TUBE GRIPS-ENGINEERING DEPT 61.57 41270 UNIFORMS UNLIMITED UNIFORM-FIRE DEPT 79.90 41271 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 3186.72 41272 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT 254.56 41273 UNLIMITED SUPPLIES INC -PLOW BOLT/WASHERS/NUTS/SCREWS-EQUIPMENT 171.30 MAINTENANCE 41274 UNIVERSAL BATTERIES-SEWER DEPT 36.40 41275 VAUGHN DISPLAY FLAG POLE ROPE-CITY HALL 27.00 41276 VESSCO INC OIL SEAL KIT-WATER DEPT 91.34 41277 VIKING BUSINESS INTERIORS INC ANGLE POSTS/SHELF CLIPS-PUBLIC WORKS BLDG 20.70 41278 VICOM INC TELEPHONE WIRE REPAIR-PUBLIC WORKS DEPT 5.25 41279 DON WENDLING PORTABLE RADIOS & BATTERIES 1182.00 41280 WALDOR PUMP & EQUIP CO -SLIDING BRACKET/FLANGE/CLAMP/WASHER-SEWER 288.45 DEPT 41281 WATSON FORSBERG CO SERVICE-FIRE STATION #3 & 4 66218.00 A1282 SANDRA F WERTS MILEAGE 31.23 !83 WILSON TANNER GRAPHICS -NEWSLETTER/LETTERHEAD/ENVELOPES-HUMAN 440.00 RESOURCES/POLICE DEPT/CITY HALL 41284 KEN WORDE HOCKEY OFFICIAL/FEES PAID 229.00 41285 XEROX CORPORATION JANUARY 88 MAINTENANCE AGREEMENT-FIRE DEPT 94.00 41286 LACKS INC -GARBAGE CANS-PARK MAINTENANCE/CLEANING 377.67 -SUPPLIES/BROOM/SPRAY PUMP/PLIERS- EQUIPMENT MAINTENANCE 41287 JIM ZALESKY VOLLEYBALL OFFICIAL/FEES PAID 189.00 41288 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-WATER DEPT 74.40 41289 KAY ZUCCARO AQUA AEROBICS INSTRUCTOR/FEES PAID 165.00 41290 PRISCILLA JEAN DICKSON REFUND-PROPERTY TAX ON SPECIAL ASSESSMENTS 328.50 41291 MARGARET A PERRY REFUND-PROPERTY TAX ON SPECIAL ASSESSMENTS 328.50 41292 KEVIN R ROBERTS REFUND-PROPERTY TAX ON SPECIAL ASSESSMENTS 328.39 41293 CAROL M WEBER REFUND-PROPERTY TAX ON SPECIAL ASSESSMENTS 273.78 39637 VOID OUT CHECK 975.00- 40574 VOID OUT CHECK 166.95- 40719 VOID OUT CHECK 5.00- 40799 VOID OUT CHECK 894.15- 40812 VOID OUT CHECK 13.25- 40837 VOID OUT CHECK 613.10- 40845 VOID OUT CHECK 18083.00- 40851 VOID OUT CHECK 335.45- 40861 VOID OUT CHECK 258.52- 40876 VOID OUT CHECK 8.75- 40892 VOID OUT CHECK 561.96- 15 VOID OUT CHECK - 448.58- 6803621 . 472F MARCH 15,1988 11 1994 VOID OUT CHECK 1064 VOID OUT CHECK -100652 210.83- 795.69- $1363649.56 472G DISTRIBUTION BY FUNDS 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 39 86 FIRE STATION CONSTRUCT 43 77 FIRE DEBT FUND 44 UTILITY DEBT FUND 45 UTILITY DEBT FD ARB 51 IMPROVEMENT CONST FD 52 IMPROVEMENT DEBT FUND 57 ROAD IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 CDBG FUND 91 T I F DEBT FUND $1363649.56 177542.60 63799.51 49471.70 33767.96 4575.70 202386.55 71402.81 15668.70 307225.20 192.54 330311.01 11.51 204.45 35740.59 80600.48 2306.21 -12705.63 1147.67 Mb. Vte 472H MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson Uniform Contract March 8, 1988 01> In 1985 the City began a uniform rental and cleaning program for employees in the Street Maintenance, Park Maintenance, and Water Departments pursuant to the local addendum to the labor agreement with IUOE No. 49. This benefit was also extended to members of the Engineering and Building Inspections Departments who spend much of their time out-of-doors. The number of employees covered under the program has grown from 45 to 53. As a good competitive business practice, bids were advertised in February for the uniform service. Charges were made in the uniform specifications to provide for comfortable clothing. Bids were opened on February 18. The tabulation below shows the annual cost for a two-year contract based on 53 employees participating in the program: Alt. 1 Alt. 2 nn•• American Linen $14,655.03 $16,639.35 Aratex Services 14,744.60 15,984.80 Unitog 15,158.00 16,536.00 G&K 16,536.00 18,189.60 Leef Bros. 17,087.20 17,500.60 The difference between Alternates 1 and 2 is that Alternate 1 provides polyester/cotton blend pants, and Alternate 2 provides 100 percent cotton paints. Employees would have the choice of which pants to wear. After evaluating the bids, the most responsible value to the City comes from the bid submitted by American Linen Supply Company. The weekly per employee cost is les5-than that under the contract with Unitog. Recommendation: It is recommended that a two-year contract for employee uniform rental be awarded with American Linen Supply in accordance with the bid it submitted. CWD:CJJ:jdp MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson Financing Options for a New City Hall March 8, 1988 Council met on January 13, 1988 to begin planning for a new city hall. It established a March 1993 target date for occupancy. It asked the Residents Advisory Committee on City Administrative Offices to evaluate a city hall site in the downtown concept area. The Committee subsequently recommended that such a site be pursued because it was equally acceptable to the other three sites identified for acquisition. Council also directed staff to prepare several scenarios on financing the project. A myriad of options exists to pay for a new city hall, its attendant facilities and equipment, and land. Given the 1993 target date, a great deal of uncertainty enters into any estimates of future cost. For purposes of illustration, it is assumed that the cost for city hall is $5 million, and that increases in costs over time can be ignored (that is, the rise in construction costs equals the rate of interest, and that the ability to pay increases at the same rate as inflation). Straightforward examples will be presented rather than speculation about what may happen as a result of negotiations. If anything, the examples should present maximum amounts for which the City would be obligated. Data for assessed valuation and mill rates also assume the property classification rules in effect in 1988. While these rates will change in the range of 55 percent in 1989, they — are shown in present terms for familiarity. The Old Reliable G.O. Bond: Long-term general obligation bonds are the safest instruments because they carry the full faith and credit of the City. Use of these bonds would have to be approved by referendum in 1990 or very early 1991 due to the two-year lead time necessary for design and construction. Referendum is necessary, in the City Attorney's opinion, because of statutory limitations of five years to pay off bonds without referenda. Assuming that $5 million in bonds were sold for a period of 20 years with a net interest cost of 7.00 percent, the annual payment would be $472,500. (Each $1 million borrowed costs $94,500 annually.) Assuming that the tax base,which stands at $398 million for payable 1988, were to grow $40 million annually, the mill levy impact would range from 0.9 mill on a $520 million tax base in 1991 to 0.37 mills on a $1.28 billion tax base in 2010. The bond repayment schedule could be structured to have an average mill rate of 0.60 to 0.65" throughout the 20 years. Total principal and interest payments would total $9,450,000. Certificates of Participation: This is a long-term instrument which goes by several names (e.g., annual appropriation lease financing, tax-exempt lease-purchase financing) and has been used successfully by several municipalities. Use of these certificates does not require referendum. An additional element of risk is presented tO bondholders, but conditions in the financing agreement would make it unlikely for the City not to maintain its obligations throughout the term of the transaction. Consequently the rate of interest for these certificates is slightly higher than that on a G.O. bond. This difference is currently in the 0.20 percent - 2 - range, but has been as high as 1.0 percent. If one were to assume a full percentage point higher rate of interest, the cost increases $7,400 per $1 million borrowed, or $37,000 per year over the cost shown for G.O. bonds. Obligations would be $509,500 per year, and $10,190,000 over the life of the certificates. Pay-As-You-Go: The Residents Advisory Committee recommended a somewhat new approach for a capital City project: a pay-as-you-go method which would establish a special purpose "building fund." This technique would require payment of all cost obligations by 1997. Some funds would be raised prior to occupancy in 1993, and the balance of funds needed would be borrowed in 1992 and repaid within five years. The plan proposed by the Committee would have started a 0.6-mill levy payable in 1988, and continuation from 1993 to 1997 of the 1992 rent for current leased space. Because Council did not adopt this levy this year, this plan is estimated to yield $4,265,000. Annual obligations would rise from $264,000 in 1988 to $336,000 in 1992, and then jump from $565,000 in 1993 to $661,000 in 1997. An additional $735,000 needs to be structured into this payment schedule. Mix-and-Match: Council suggested that a building fund be established through 1992, and that other financing mechanisms be employed for the balance of project costs. Under the plan recommended by the Committee, an $865,000 nest egg can be raised through 1991 with a 0.6-mill levy. With a referendum-approved G.O. bond issuance for $4.2 million for 20 years at 7.0 percent interest, obligations would be $397,000 annually and $7,940,000 over the life of the bonds. The total cost of this approach, $8,800,000, saves $650,000 compared to the cost of the "pure" G.O., bond issue of $5 million. Mill rate impacts would range from 0.71 mills in 1992 to 0.30 in 2011. The bond repayment schedule could be structured to have a 0.5 mill annual levy for each of the 20 years. If the $4.2 million balance were paid through certificates of participation having an 8 percent rate of interest over 20 years, obligations would be $428,000 annually and $8.56 million over the life of the certificates. (Total cost would be $9.4 million in certificates and building fund monies.) These figures compare with the $510,000 annual and $10,200,000 total obligations without the initial building fund contribution. Mill levies would range from 0.76 in 1992 to 0.32 in 2011. The bond repayment schedule could be structured to have an annual levy in the range of 0.5 to 0.55 mills throughout the 20-year life of the bonds. It appears that use of certificates would be the necessary back-up mechanism if a referendum failed. Internal Borrowing: One tool available for an immediate, major expense for such an opportunity as the purchase of land is internal borrowing. For discussion purposes, assume that the land cost is $1 million. This amount could be "borrowed" from the General Fund reserve, and repaid over a short period of time (and with interest, if necessary) in a manner so as not to endanger the City's bond rating. If this borrowing period were five years, then an additional $200,000+ would need to be raised each year. Another source of funds is the balance in the trunk water and sewer special assessment fund. This fund could be repaid with interest on a schedule which would maintain the ability of the fund to meet its annual obligation. Another possibility requires a change in policy and some risk: use of liquce store profits. These returns currently go back into liquor operations and to park improvements. Money should be set a ,;44:1e, however, for construction of a liquor store. - 3 - If such internal borrowing were to occur, the repayment requirement would essentially begin the building fund plan. Similarly, if land were secured under a contract-for-deed arrangement (which would not require internal borrowing), the payment schedule would also resemble the building fund plan. Other Creative Financing: The financial industry has a long history of creating new financing tools and developing variations on tried-and-true financing methods. Given that three or four years will pass for the industry, Congress, and the Legislature to shape the financial environment before the City would make its financing decision, other methods for payment will not be studied in this memorandum. What if City Hall Goes Downtown?: Much of the discussion for City Hall has focused on the downtown concept area. Thoughts of economy as part of the development process have been expressed. These advantages accrue from land use decisions and the possibility of a lease-purchase arrangement. The Committee recommended that the City Hall site ideally be eight acres, and not less than five acres in size. The larger size allows for optimal flexibility in configuring the building, parking, and outside public space. Through such a process as a planned unit development (PUD), perhaps an acre could be pared from the site requirement through shared parking (about 75 spaces of the 200 required for a 40,000 square-foot building). Some of the public space desirable in a downtown could be adjacent to the City Hall. The City could accept land in lieu of cash park fees, but given the $4.00/square foot price of land in the area, only one acre could be procured if the development were an 80-acre project. Through the development apaproval process, the City could be able to lessen its site size requirement by two to three acres. This savings would bring the land cost closer to that of the other recommended sites. Additional savings might be realized if the City's presence as an anchor to downtown development is considered important. If a lease-purchase arrangement were possible for the building, use of certificates of participation would be preferable. If the City were to participate in a private mortgage, it would probably pay a 3 to 4 percent higher rate of interest. The City could also consider use of a City Development District for the downtown concept area. Use of increments to acquire a site and build a city hall is not an eligible activity, however. SUMMARY: The options outlined in this memorandum do more than scratch the surface for identifying realistic financing opportunities available to the City. A plethora of additional possibilities may surface before Council decides to embark upon the construction process. These combinations can be examined with more certainty as the time for that final decision nears. In an effort to keep issues easily understood, the examples presented have been simple, in constant 1987 dollars, and made conservative economic _ assumptions. The attached table summarizes the scenarios contained in this memorandum. CWD:jdp Attachment FINANCING A $5 MILLION CITY HALL METHOD 1989 1990 1991 1992 1993 1994 1995 1996 1997 2010 2011 TOTAL 20-Yr. G.O. @ 7.01 473 473 473 473 473 473 473 473 $ 9,450,000 Mill Levy .9 .84 .79 .74 .7 .66 .62 .37 .60-.65yr 20-Yr. CofP @ 8.01 510 510 510 510 510 510 510 510 $10,190,000 Mill Levy .97 .9 .84 .79 .74 .7 .66 .4 .65-.70yr Bldg. Fund 264 288 312 336 565 589 613 637 661 $ 4,265,000 & Rent Cont. Mill Levy .6 .6 .6 .6 .94 .92 .9 .88 .86 , Bldg. Fund & 20-Yr. G.O. @ 7.01 264 288 316 397 397 397 397 397 397 397 397 $ 8,800,000 Mill Levy .6 .6 .6 .71 .66 .62 .58 .55 .52 .31 .3 .50yr Bldg. Fund & 264 288 312 428 428 428 428 428 428 428 428 $ 9,400,000 29-Yr. CofP 6 8.01 .50-.55yr Mi/1 Levy .6 .6 .6 .76 .71 .67 .63 .59 .56 .33 .32 Internal Borrowing 215 215 215 215 215 $ 1,075,000 Mill Levy .49 .45 .41 .37 .33 Assumptions: 1) 1987 constant dollars 2) Uniform annual installments 3! Tax base grows $40 milliOn/yr 4) Dollars expressed in thousands, 1989-2011 Metropolitan Council of the Twin Cities Area 300 Metro Square Building, 7th and Robert Streets St. Paul, Minnesota 55101 Tel. 612 291-6359/TDD 291-0904 DATE: February 29, 1988 TO: I-494 Project Management Team FROM: Connie Kozlak SUBJECT: I-494 EIS Agreement Attached is a copy of an interagency agreement prepared by Mn/DOT's Consultant Agreement section for participating in the 1-494 EIS. Mn/DOT's lawyers have not yet approved it. This is a preliminary draft for your review and discussion. Please have the appropriate staff (legal or otherwise) from your agency review it so you come prepared for discussion on March 9. One thing I would like to make clear - the 10% of cost shown for the Metropolitan Council is the pass-through amount from Improve I-494. Since Mn/DOT believes it cannot accept money from private sources, the Council would accept the money and pass it through to Mn/DOT. Legal staff at Mn/DOT and the Council are still checking on this. AGN494.PETRN1@5 Hennepin County Agreement No. MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT NO. AGENCY AGREEMENT FOR HIGHWAY TRANSPORTATION STUDY AMOUNT SNCUMB. Agreement between The State of Minnesota, Department of Transportation, the Metropolitan Airports Commission, the Metropolitan Council, Hennepin County the City of Bloomington the City of Eden Prairie, the City of Richfield, the City of Edina and the City of Minnetonka Re: Preparation of the EIS for the 1-494 Corridor Project None Receivable INDEX Parties to the Agreement Explanation and Justification Section 1.0 - Scope of Work and Method of Study Section 2.0 - Duration of Agreement Section 3.0 - Compensation Section 4.0 - Composition of the Board Signatures -1- PAGE 2 2 3 7 7 8 LP') THIS AGREEMENT made and entered into by and between the State of Minnesota/ Department of Transportation, the Metropolitan Airports Commission, the Metropolitan Council, Hennepin County, the City of Bloomington, the City of Eden Prairie, the City of Richfield, the City of Edina, and the City of Minnetonka, hereinafter referred to as the "Agencies". WITNESSETH: WHEREAS the Metropolitan Council did produce a Corridor Study for 1-494 in the area of the above referenced Agencies, and WHEREAS it has been determined by the parties hereto that the project development process be continued by conducting the Environmental Impact Statement (EIS) for 1-494 from the Minnesota River to the 1-394 Interchange, and WHEREAS the general objective in preparing the EIS is to help resolve uncertainty about ultimate roadway design, allow advanced rights-of-way acquisition consistant with Federal requirements, and position projects in the corridor described above to be ready to use funds when they are available, and WHEREAS it has been determined that all of the said Agencies are a part of or have a specific interest in the stated area, and -2- WHEREAS the said Agencies will all benefit from the results of the EIS and are all willing to share proportionately in the cost of the preparation and completion of the EIS, and WHEREAS it is the expressed interest of said Agencies to participate and cooperate in the preparation and completion of the said EIS, and WHEREAS all of the said Agencies are authorized by Minnesota Statute 471.59 to enter into agreements providing for the exercise of powers shared in common. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION 1.0 - SCOPE OF WORK 1.10 The Environmental Impact Statement and preliminary design shall be performed under the direction of the Minnesota Department of Transportation, in consultation and cooperation with the Project Advisory Board, who will act in an advisory role. 1.20 The Minnesota Department of Transportation will act as the contracting agent for engaging the sevices of an engineering consultant to conduct the EIS work. 1.30 The Consultant Selection Committee will pre-qualify at least three consultant firms and recommend the selection of one of the firms to the Commissioner of the Minnesota Department of Transportation for his approval. -3- Ti I The Consultant Selection Committee will be made up of the following: Minnesota Department of Transportation ( 2 votes) Metropolitan Airports Commission (1 vote) Metropolitan Council (1 vote) Regional Transit Board (1 vote) Hennepin County (I vote) City of Bloomington (1 vote) City of Eden Prairie (1 vote) City of Richfield (1 vote) City of Edina (1 vote) City of Minnetonka (I vote) 1.40 In accomplishment of this work, recognition will be given to and compliance made with the requirements of the following laws, regulations and guidelines related to location, public hearings, environment and public lands. These standards, regulations or guidelines shall be considered as minimum. Higher standards shall be used where it is feasible and economically sound to do S O. 1.41 Minnesota Statutes 161.171-161.177 inclusive (Municipal Approval). -4- 1.42 U.S. Department of Transportation, Federal Highway Administration Federal-Aid Program Manuals, including: Book III, Volume 6, Chapter 2, Section 1, Subsection 1 (Design Standards for Federal-Aid Projects) Book V, Volume 7, Chapter 6, Section 3 (Landscape and Roadside Development) Book V, Volume 7, Chapter 7, Section 2 (Environmental Impact and Related Statements) Book V, Volume 7, Chapter 7, Section 3 (Noise Standards and Procedures) Book V, Volume 7, Chapter 7, Section 5, (Public Hearings and Location/Design Approval) Book V, Volume 7, Chapter 7, Section 9 (Air Quality guidelines) 1.43 National Environmental Policy Act. 1.44 Section 4(f) of Public Law 89-670. 1.45 Minnesota Statutes, Section 1160.01 et.seq. (Environmental Policy Act of 1973).-- -5- 1.46 State of Minnesota, Department of Transportation, Highway P r o j e c t Development Process. 1.47 I-494 Corridor Study report. 1.48 Minnesota Statute 473.181 (Metropolitan Council Approval). 1.60 The Agencies, acting through their Project Advisory Board representatives, shall at all times during the terms of this agreement be afforded the opportunity for review of the work being performed. The Agencies shall also be able to obtain copies of reports, studies and data compiled for the studies without additional cost. It is understood that the Project Advisory Board will act in an advisory role only. 1.70 The Agencies shall furnish to the consultant any information o r data they may have which is pertinent to the studies without separate compensation therefor or any adjustment of any Agen c y ' s share of the cost. 1.80 The ownership of all data collected or developed for the E I S shall be vested with the Minnesota Department of Transporta t i o n , subject to the right of all Agency participants to secure a c c e s s to and receive a copy of all such data. Each Agency shall b e entitled to ten (10) copies of all Reports and Environmenta l Statements developed for the project and upon request, a co p y o f -6- (4q all other data collected or prepared in connection with the work. Credit shall be given to each participating agency in each report. 1.90 Any individual agency may terminate its involvement in this agreement contingent upon 30 days notice to all other participating agencies and the payment of its share of the costs incurred to the date of termination. SECTION 2.0 - DURATION OF AGREEMENT 2.10 This agreement will remain in full force and effect until completion and approval of the EIS by the Agencies and the Federal Highway Administration. Individual completion dates for reports prepared during the process shall be determined by mutual agreement of the participating agencies. SECTION 3.0 - COMPENSATION 3.10 Te Minnesota Department of Transportation shall enter into a contract with a consultant firm selected by the Consultant Selection Committee and approved by the Commissioner of the Department of Transportation for the EIS and preliminary design. 3.20 Notice of final execution of the consultant agreements shall be given to each agency within seven (7) days. -7- 3.30 The amount of the matching funds shall be shared by the Agen c i e s in the proportions listed hereafter: 3.31 Agency Percent of Cost Up to Minnesota Department of Transportation 50.00% $650,000.00 Metropolitan Council 10.00% $130,000.00 Metropolitan Airports Commission 5.00% $ 65,000.00 Hennepin County 10.00% $130,000.00 City of Bloomington 11.00% $143,000.00 City of Eden Prairie 5.00% $ 65,000.00 City of Edina 4.00% $ 52,000.00 City of Richfield 3.00% $ 39,000.00 City of Minnetonka 2.00% $ 26,000.00 100.00% $1,300,000.00 3.42 The Minnesota Department of Transportation will invoice the participating agencies from time to time as the work of the Consultant progresses. The agencies will make payment with i n 3 0 days of receipt of said invoice. SECTION 4.0 — COMPOSITION OF THE BOARD 4.10 The Project Advisory Board shall be composed of representat i v e s of each of these Agencies: Federal Highway Administration Minnesota Department of Transportation Metropolitan Council Metropolitan Airports Commission Regional Transit Board Hennepin County —8— City of Bloomington City of Eden Prairie City of Edina City of Richfield City of Minnetonka IMPROVE 494 Group As well as any other organized group deemed necessary. Each agency/group shall inform the Department of Transportation by letter who its representative will be on the Project Advisory Board. 4.20 The Project Advisory may create a technical committee to advise it on matters of a technical nature relating to the EIS. Said technical committee shall consist of members of the engineering, planning and related staff of the Agencies. -9- 1) IN WITNESS WHEREOF the parties hereto have duly executed this agreement by their proper officers and representatives. STATE OF MINNESOTA Metropolitan Council Department of Administration By By Title Date As to form and execution by the By Attorney General: Date Title By Date Department of Finance By Date Metropolitan Airports Commission By Date_ Title By Department of Transportation Date By Title Date Title -10- Date_ q 7 COUNTY OF HENNEPIN Attest: Deputy County Auditor Date Upon proper execution, this agreement will be legally valid and binding and upond ate of approval is in compliance with all laws relating to the subject matter hereto. By Chairman County Board Date Recommended for approval: Deputy County Kdministrator Date Assistant County Attorney Date Director of Public Works and County Engineer Approved as to execution Assistant County Attorney Date — Date CITY OF MINNETONKA By Date Mayor By Date CITY OF BLOOMINGTON By Date Mayor By Date CITY OF EDEN PRAIRIE By Date . Mayor By Date CITY OF EDINA By Date Mayor By Date CITY OF RICHFIELD By Date Mayor By Date -12- gat) MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation & Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services March 9, 1988 Request Authorization to Initiate the Second Phase of the Repairs to the Eden Prairie Community Center In 1987, the City authorized the first phase of the repair to the Eden Prairie Community Center. That first phase included removing the exterior concrete block wall around the natatorium and replacing that wall with a brick exterior wall, and constructing a second brick wall around the racquetball courts. Staff recommended a two phase construction project for two major reasons 1) Staff wanted the existing block wall that was falling down around the natatorium replaced as soon as possible, and was hopeful of having it complete prior to the first of the year. 2) Staff also wanted to complete the repair of the racquetball court wall in order to get racquetball court #3 usable as soon as possible. As construction projects generally go, this project took approximately two months longer than originally projected and is just now nearing completion. Staff had hoped that the arbitration process would be completed by this time and the City Council would know the amount of money awarded in the settlement prior to initiating the second phase construction. The arbitration process could drag out through much of 1988; therefore, staff recommends the City Council initiate the second phase construction at this time. Wally Daniels, Project Manager from Setter, Leach and Lindstrom, provides the following project schedule: Design Development - 3 weeks, Construction Documents - 5 weeks, Bidding - 4 weeks, Construction - 22 weeks. If this project is authorized at this time, it is nearly nine months until completion and the project could then anticipate some winter construction; therefore, it is prudent to initiate the process as soon as possible. The architectual fees for design development, construction documents, bidding, and two site visits per week of construction inspection is $80,000. The estimated construction cost for this project is $400,000. Staff would also recommend the City Council consider authorizing this contract to include improving the entry plaza to the Community Center. The existing entry does not conform to pedestrian patterns and is a constant maintenance problem and visual eyesore. The revised entry would remove some of the berms and provide more direct pedestrian access to the facility from the parking lot. The Community Services Staff recommend !nding this project through cash park fees that will be reimbursed to a limited extent from the litigation settlement. I. t;) MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation & Natural Resources Com m i s s i o n Carl Jullie, City Manager Bob Lambert, Driector of Community Servic e s March 1, 1988 Staring Lake Park Improvements Each year Staring Lake Park receives more a n d m o r e p r e s s u r e d u r i n g t h e w i n t e r , as well as during the summer months. In 19 8 6 , t h e C i t y c o m p l e t e d e x p a n s i o n o f the lower parking lot (adjacent to the fis h i n g p i e r ) t o h a n d l e o v e r f l o w parking from the main lot; however, there c o n t i n u e s t o b e m a n y o c c a s i o n s e a c h year when people are parking along Coun t y R o a d 1 , a s a l l p a r k i n g l o t s a r e filled. Staring Lake Park is the largest "passive a r e a p a r k i n t h e c o m m u n i t y a n d presently includes over four miles of h a r d s u r f a c e t r a i l s , a p a r k s h e l t e r w i t h restrooms, indoor and outdoor fireplace, t w o t e n n i s c o u r t s , b a s k e t b a l l c o u r t , two horseshoe courts, volleyball court , s o f t b a l l f i e l d , a s l i d i n g h i l l , skating track, many secluded picnic areas , a n d o n e o f t h e f i n e s t p l a y g r o u n d sites in the State. Other facilities locate d w i t h i n S t a r i n g L a k e P a r k include: the Cummins-Grill Historic Sit e , t w o a d u l t s o f t b a l l f i e l d s , t h e Outdoor Center, the existing fishing pier a d j a c e n t t o M i t c h e l l R o a d , a n d a public boat launch. In 1988, the City received a grant from th e D e p a r t m e n t o f N a t u r a l R e s o u r c e s t o install a new fishing pier at the point ad j a c e n t t o t h e O u t d o o r C e n t e r . T h i s fishing pier will have a handicapped trai l a c c e s s a n d w i l l b e i n s t a l l e d d u r i n g the early part of the summer. In 1987, the Performing Arts Committee, o f t h e H i s t o r i c a l a n d C u l t u r a l Commission, recommended that the City de v e l o p a n o u t d o o r a m p h i t h e a t e r t o accommodate concerts in the park at Stari n g L a k e P a r k . T h e c o m m i t t e e f e l t that Staring Lake Park with its beautiful vi e w s a n d m o r e p a s s i v e n a t u r e w o u l d be an ideal location for concerts in the p a r k , o u t d o o r p l a y s , e t c . In early 1988, the Eden Prairie Lioness Clu b v o t e d t o d o n a t e $ 1 5 , 0 0 0 t o w a r d the Staring Lake Park Amphitheater. The L i o n e s s C l u b w o u l d l i k e t o r e i m b u r s e the City over a 3-5 year period for this p r o j e c t . Community Services Staff, at this time, reco m m e n d s e v e r a l m a j o r i m p r o v e m e n t s to Staring Lake Park in order to accommo d a t e t h e i n c r e a s e d u s e o f t h i s facility. Staff recommends the City doub l e t h e s i z e o f t h e p a r k i n g l o t t o accommodate an additional 60 cars; this wo u l d r e q u i r e m o v i n g t h e e x i s t i n g --ballfield further to the east. Staff also re c o m m e n d s i n s t a l l i n g t h e amphitheater stage and to construct seati n g i n s i d e o f t h e h i l l t h r o u g h t h e use of grading and retaining walls. Locati o n o f t h e a m p h i t h e a t e r a n d t h i s type of seating would complement the exi s t i n g c h a r a c t e r o f t h e p a r k f i t t i n g this facility into the existing topography. Staff would also recommend replacing the existi n g e n t r y t o t h e b u i l d i n g w i t h a larger plaza that would accommodate the traffic p a t t e r n s t o a n d f r o m t h a t building. The estimated cost to complete these projects i s $ 9 5 , 0 0 0 . S t a f f w o u l d recommend the use of cash park fees for this pro j e c t . BL:mdd EDEN PRAIRIE LIONS P.O. BOX 443-005 EDEN PRAIRIE, MINNESOTA 55344 REPLY TO: EDEN PRAIRIE LIONESS c/o Marilyn Lieb, President 9391 Creekwood Drive Eden Prairie, MN 55347 February 23, 1988 Mr. Bob Lambert Director of Community Services City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 SUBJECT: Staring Lake Park Amphitheater Dear Bob: The Eden Prairie Lioness Club recently voted to donate $15,000 toward a major project and as you know the Staring Lake Park Amphitheater was chosen to be the recipient of these funds. According to your memo of October 21, 1987 to Pat Breitenstein of our club, the Community Services Staff will recommend the Council front-end the cost of the development and accept reimbursement at whatever rate the Lioness Club could handle. It is our intention to meet the $15,000 financial obligation within three years, or no longer than five years. Please take whatever steps are necessary to obtain Council approval of this project. The Lioness members are very excited about this project and the oppor- tunity to provide a gift to the residents of Eden Prairie Who have been so supportive of our fund-raisers over the years. If additional information about the club is needed for publicity purposes, or clarification of this long range commitment, please contact me at 941-1754. Yours truly, Marilyn Lieb goLi MEMORANDUM TO: Mayor and City Council THRU: FROM: DATE: SUBJECT: Carl Jullie, City Manager Bob Lambert, Director of Community Service s March 9, 1988 Recommendation on Operation Policies for R i l e y L a k e P a r k On March 7th, the Parks, Recreation and Na t u r a l R e s o u r c e s C o m m i s s i o n r e v i e w e d the February 10th memo on Riley Lake Ac c e s s . T h e C o m m i s s i o n d i s c u s s e d a t length the problems associated with the p r o p o s e d c h a n g e t o k e e p t h e a c c e s s open after the parking lot is filled. Don Sarles, President of the Riley Lake Ho m e o w n e r ' s A s s o c i a t i o n , s p o k e a b o u t the Riley Lake homeowner's concerns over u n l i m i t e d a c c e s s t o t h a t l a k e a n d reminded the Commission of the dangerous c o n d i t i o n s o n t h a t l a k e p r i o r t o limiting the access. Commission member Karon Joyer indicated t h a t s h e a n d h e r c h i l d r e n u s e d t h a t park on almost a daily basis last summer, a n d w a s v e r y c o n c e r n e d o v e r t h e l a c k of respect the park users had for the park a t t e n d a n t a n d t h e l i f e g u a r d . M o s t requests by the park attendant and the lif e g u a r d w e r e s i m p l y i g n o r e d b y m a n y of the young people using the park. Commission members expressed a concern ov e r t h e c o n t i n u e d e x p e n d i t u r e s f o r development of a City park where many of t h e u s e r s i g n o r e d p a r k r u l e s a n d where City residents are discouraged from u s i n g t h e p a r k d u e t o t h e n a t u r e o f the activity in that park. Lambert explained the pros and cons of the p r o p o s a l t o p a s s a n o r d i n a n c e t h a t would not allow mooring or beaching o f b o a t s o n p a r k p r o p e r t y , a n d n o unattended boats at the dock adjacent to t h e l a u n c k . Commission. members asked what impact el i m i n a t i n g a l c o h o l i n t h e p a r k , m i g h t have on activities in the park. Lambert r e s p o n d e d t h a t i t m i g h t h a v e s o m e impact; however, he would anticipate that t h e a l c o h o l w o u l d s i m p l y m o v e t o t h e boats. Shaw then moved to recommend the City Co u n c i l p a s s a n o r d i n a n c e t h a t w o u l d eliminate the use of alcohol in Riley La k e P a r k a n d t h e a b i l i t y t o m o o r o r beach boats on parkland in Riley Lake Pa r k . M o t i o n w a s s e c o n d e d b y B a k e r a n d passed unanimously. Cook requested a repor t f r o m t h e s t a f f d u r i n g t h e f a l l o f 1988 to determine the impact of these r e c o m m e n d e d c h a n g e s . . . . - Don Sarles indicated, that as preside n t o f t h e R i l e y L a k e H o m e o w n e r ' s —Association, he supports the recommendatio n m a d e b y t h e P a r k s , R e c r e a t i o n a n d Natural Resources Commission. If the City Council concurs with this reco m m e n d a t i o n , s t a f f w o u l d r e q u e s t t h e City Attorney to draft an ordinance for f i r s t r e a d i n g a t t h e A p r i l 5 t h C i t y Council meeting. BL:md MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Servic e s - - ' DATE: February 10, 1988 SUBJECT: Riley Lake Access Attached is a letter from Del Barber, Region V I T r a i l s a n d W a t e r w a y s Coordinator for the Department of Natural Re s o u r c e s . I n h i s l e t t e r , M r . Barber notes that the City of Eden Prairie ha s b e e n v i o l a t i n g D e p a r t m e n t o f Natural Resources policy and a May 31, 1985 a g r e e m e n t b e t w e e n t h e C i t y a n d t h e DNR by closing the Riley Lake access after 20 t r a i l e r e d b o a t s h a v e l a u n c h e d . "The DNR considers it a discriminating ramp w h e n e v e r t h e r a m p i s c l o s e d , a n d yet the riparian landowners have open use to t h e l a k e . " Prior to limiting our access to 20 boats, the C i t y w o u l d o f t e n r e c o r d o v e r 4 0 boats launched in a single afternoon on that l a k e , t h e m a j o r i t y o f t h e b o a t s were of the speed boat variety. These over c r o w d e d c o n d i t i o n s m a d e t h e l a k e basically unusable for anyone interested in a s a f e , e n j o y a b l e b o a t i n g experience. Upon changing the rules to cont i n u e t o a l l o w b o a t s t o l a u n c h , City staff would recommend the Council cons i d e r s e v e r a l s t e p s t h a t m i g h t b e taken to discourage over use of Riley Lake: 1. Staff would recommend the City Council autho r i z e e x t e n d i n g n o p a r k i n g " signs along County Road 1, Riley Lake Road a n d C r e s t w o o d T e r r a c e , u p t o one mile from the access. 2. Staff would also recommend not allowing any v e h i c l e s p u l l i n g b o a t t r a i l e r s to park in the overflow parking area (in the p a s t t r a i l e r e d b o a t s t h a t were waiting to launch could park in this are a ) . If it is still the goal of the City to discou r a g e ' a c c e s s a f t e r 2 0 b o a t s , obviously., this parking lot would have to be r e s t r i c t e d t o c a r s o n l y . Hopefully, these two changes will discourage l a u n c h i n g t o o m a n y m o r e b o a t s than the number permitted in the past; howev e r , i f t h e a c c e s s c o n t i n u e s t o allow well over a safe number of boats, staff w o u l d t h e n r e c o m m e n d a d o p t i n g a park rule that would not allow boats to moor o n p a r k l a n d . T h i s c o u l d b e m o s t effectively controlled through the expansion o f t h e s w i m m i n g a r e a a l o n g p a r k - property and extending a rope and buoy system t h e e n t i r e l e n g t h o f t h e p a r k property to discourage much of the type of us e t h a t e x i s t s a t t h e p a r k t o date, which is mainly young people partying o n s h o r e a n d o c a s s i o n a l l y w a t e r skiing on the lake. --These changes would alter the use of the pa r k t o a c c o m m o d a t e p i c n i c k i n g a n d swimming more than boaters. There would pr o b a b l y b e a l a r g e r t u r n o v e r o f users on the lake as boats would have to re m a i n o n t h e l a k e a n d w o u l d o n l y b e able to pick up or drop off passengers at t h e d o c k . W i t h n o m o o r i n g o f b o a t s , the positive aspects to that type of change w o u l d i n c l u d e : (10(0 1. A larger number of boaters would probably get to use the lake, as the stay on the lake for water skiers would be a shorter duration if they are not able to park their boats. 2. It would be a much more attractive place for families as the majority of the users of that park are presently non Eden Prairie residents, and tend to be large groups of young people from surrounding communities. The other side of the coin is that although the majority of the users of this park are non Eden Prairie residents, there are many Eden Prairie residents that do enjoy using Riley Lake and the park under the existing conditions. It is one of the few park areas adjacent to a lake where mooring of boats and the use of alcohol is allowed; therefore, there would be some opposition to any changes that would restrict this type of use. Staff will also be reviewing the possibility of designating Riley Lake Park as one of the parks where alcohol is not allowed. This regulation might also go a long way toward curbing some of the past problems where park users have become quite violent due to their inability to get on the lake. With the new development that is being approved for the southwest shore of Riley Lake in Chanhassen, there will be additional use of the lake by residents on or near the lake. Eventually, it is very likely that the City of Eden Prairie would recommend a surface management ordinance to control either speed or horsepower on this lake. As this lake is located in both Carver and Hennepin County, the County Boards of both counties would have to approve any surface management ordinance prior to DNR approval. City staff will be reviewing this change with the Parks, Recreation and Natural Resources Commission at their March 7th meeting and will notify the President of the Riley Lake Homeowner's Association of these changes and the proposed discussion at the March 7th Parks, Recreation and Natural Resources Commission meeting. Staff will submit recommendations from the Commisssion on any possible changes to the operation of Riley Lake to the City Council at the March 15th Council meeting. BL:mdd I MEMORANDUM TO: TN RU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services TM --- March 9, 1988 Department Name Change At the March 7th meeting, the Parks, Recreation and N a t u r a l R e s o u r c e s Commission reviewed the attached February 18th memo. T h e C o m m i s s i o n w a s concerned that the title "Parks and Recreation" did not a d d r e s s a s i g n i f i c a n t portion of the responsibilities of the department; na m e l y , d e a l i n g w i t h natural resources. By unanimous vote the Commission recommended the Cit y C o u n c i l c o n s i d e r renaming the Community Services Department the Department o f P a r k s , R e c r e a t i o n and Natural Resources. BL:mdd ..n quY MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation & Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services February 18, 18, 1988 Department Name Change In 1970, the City formed the Parks and Recreation Department and hired a Director of Parks and Recreation. As the City expanded, additional responsibilities were assigned to that department. Some of those additional responsibilities included: the Historical & Cultural Commission and related programs and services, the Human Rights & Services Commission and related programs and services, initially the Liquor Store, and in the late 1970's the Community Education program was initiated through the Community Services Department and, in fact, the Community Education Coordinator reported to the Director of Parks and Recreation. The City Manager, at that time, suggested that the title "Parks and Recreation Department" was not a broaa enough title to cover the span of responsibilities of the department and suggested a name change to Community Services Department. Over the years, as the City hired additional staff and other departments were formed, these responsibilities were transferred to other departments. Attached is an organizational chart that depicts the existing organizational structure of the Community Services Department. In the late 1970's, the School District made a commitment to community education and developed the Community Educational Services Department under the School District. Since that time, there has been considerable confusion between the two departments - Community Services Department from the City and Community Educational Services Department from the School District. This confusion, has increased, especially since both departments provide similar types of services and, in fact, jointly sponsor a program brochure. The name "Community Services Department" really does not define the purpose of this department as well as the title "Department of Parks and Recreation". The more traditional title "Parks and Recreation Department" is much less confusing with the Community Educational Services Department and is a title in which most people can identify the general purpose of the department. City staff will be suggesting the Parks, Recreation and Natural Resources Commission consider this name change at the March 21st Commission meeting and will forward the Commission's recommendation to the City Council on April 5th. BL:mdd c+- C c'YkOWAII:t' 5bri-LthA-Ar G t {t4-1k SeArliftCeS es CCM' `2/1 • NEDiStxrit 0 13(4...kirez • rkh.4,t1s We,es.e • St.,..) "Fircy.44,4 4TY.E.e • $01}d catte 1?, • tea:C.) 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