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HomeMy WebLinkAboutCity Council - 09/05/1989AGENDA EDEN PRAIRIE CITY COUNCIL 'IuESDAY, SEPTEMBER 5, 1989 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF JOINT CITY COUNCIL/HUMAN RIGHTS & SERVICES COMMISSION MEETING HELD TUESDAY AUGUST 29 1989 I. CONSENT CALENDAR A. Clerk's License List B. Change Order No. 1 for Franlo Park Tennis Courts C. Resolution Urging Minnesota's Congressional Delegation to Sponsor and Support Plastics Recycling Measures (Resolution No. 89-1g7j D. Change Order No. 1 for Amphitheater Construction at Staring Lake Park E. Final Plat Approval of Eden Prairie Center 6th Addition (located at the northeast corner of TH 169 and Prairie Center Drive) Resolution No. 89:1W — F. Resolution Authorizing Amendment No. 2 to the Cooperative Agreement (No. 64140) for an EIS and Design Study Report for T.H. ar(Resolution No. 89-077 G. Approve Supplement No. 1 to Agreement No. 64918 with MnDOT for D esign at TH 5 between CSAH 4 and CSAH 17 —TRiiolution No. 89-193) H. Approve Petition to Nine Mile Creek Watershed District for Smetana Lake Outlet ImprovemenIT —TResolution N(7)787379-87 Page 2064 Page 2065 Page 2066 Page 2069 Page 2071 Page 2073 Page 2075 Page 2083 Page 2092 City Council Agenda - 2 - Tues.,September 5, 1989 I. PRAIRIE GREEN MINI-STORAGE by Prairie Green Associates. Adoption of Resolution No. 89-195, Denial of Ordinance No. 52-88 for Zoning District Amendment within 1-2 Zoning District on 0.69 acres and attendent requests for Preliminary Plat of 7.2 acres into 2 lots for construction of 8,575 square feet of additional storage space. Location: East of County Road #4, South of Terrey Pine Drive. (Resolution #89-195 - Denial of Zoning) J. FAIRFIELD PHASES 2 THROUGH 6 by Tandem Properties. 2nd Reading of Ordinance No. 59-88-PUD-15-88, Planned Unit Development District Review, with waivers, and underlying Zoning District Change from Rural to R1-9.5 on 92.7 acres and from Rural to R1-13.5 on 53.6 acres; Approval of Developer's Agreement for Fairfield Phases 2 - 6; and Adoption of Resolution No. 89-196, Authorizing Summary of Ordinance #59-88-PUD-18-88 and Ordering Publication of Said Summary. 148.2 acres into 299 single family lots, 28 outlots and road right-of-way. Location: West of County Road #4, south of Scenic Heights Road, east of Chicago and Northwesern Railroad. (Ordinance No. 59-88-PUD-15-88 - PUD District and Rezoning; Resolution No. 89-196 - Authorizing Summary and Publication) IV. PUBLIC HEARINGS A. EDEN PRAIRIE RETAIL DEVELOPMENT (FESTIVAL CENTRE) by Curt Johnson Properties. Request for Planned Unit Development Concept Amendment and Planned Unit Development District Review on 16.2 acres with waivers, Zoning District Amendment within the C-Reg-Ser Zoning District on 16.2 acres and Site Plan Review on 16.2 acres for development of a 153,756 square foot commercial, retail and entertainment complex. Location: East of Plaza Drive and south of Valley View Road. (Resolution No. 89-194 - PUD Concept Amendment to Overall Factory Outlet Center PUD; Ordinance No. 31-89-PUD-7-89 - PUD District Review and Zoning District Amendment within C-Reg- Ser District) B. CARDINAL CREEK 3RD ADDITION by GAC Partners. Request for a Zoning District Change from R1-13.5 to RM-6.5 on 1.21 acres for development of three twinhome lots. Location: 6855-59, 6871-75, 6887-91 Stonewood Court. (Ordinance No. 32-89 - Rezoning) C. A TO Z RENTAL AND EDEN PRAIRIE APPLIANCE by Rome Development. Request for Zoning District Amendment within the C-Reg-Ser Zoning District on 1.67 acres with variance, Site Plan Review on 1.67 acres with variances, Site Plan Review on 1.67 acres for construction of a 21,014 square foot commercial facility. Location: South of Valley View Road, west of Plaza Drive. (Ordinance No. 33-89 - Zoning District Amendment within C-Reg-Ser District) D. VACATION 89-11 VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN A PORTION OF DONNAY'S ROUND LAKE ESTATE3 2ND ADDITION (Resolution No. 89-191T E. VACATION 49112_,_ VACATION OF TEMPORARY EASEMENT FOR EMERGENCY ACCESS PURPOSES WITHIN LOT riLNK 4 CEDAR RIDGE ESTATES Resolution No. 89-1921---- Page 2095 Page 2097 Page 2112 Page 2130 Page 2132 Page 2138 Page 2139 City Council Agenda - 3 - Tues.,September 5, 1989 V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 89-27, Amendment to City Code Chapter 9 Section 9.40, Relating to the Discharge of Firearms VII. PETITIONS, REQUESTS & COMMUNICATIONS A. EDEN PRAIRIE FUNERAL HOME by Marcus Corporation. Appeal from Decision of Board of Appeals Regarding Variance Request for Lot Size, Lot Depth, and Lot Width within Community Commercial District. Location: South of Terrey Pine Drive, west of County Road #4. B. BRADLEY KUYPER. Appeal from Decision of Board of Appeals Regarding Variance Request for Rear Yard Setback within R1-13.5 District. Location: 16534 South Manor Road. VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Reschedule Joint City Council/Historial & Cultural Commission meeting from September 26, 1989 to November 14 1989 2. Reschedule Joint City Council/Parks, Recreation & Natural Resources Commission meeting from September 12 1989 to September 26 1989 3. Set Special City Council Date for Tuesday, October 24,, 1989 to Review Lawful Gambling Committee Report and to Discuss Capital Improvement Projects 4. City Hall Lease Renewal C. Report of City Attorney D. Report of Director of Planning E. Director of Parks Recreation & Natural Resources F. Report of Director of Public Works G. Report of Finance Director XI. NEW BUSINESS I. ADJOURNMENT Page 2140 Page 2141 Page 2148 Page 2169 Page 2185 • MINUTES JOINT MEETING CITY COUNCIL AND HUMAN RIGHTS AND SERVICES COMMISSION TUESDAY, AUGUST 29, 1989 CITY COUNCIL MEMBERS: COMMISSION MEMBERS: COMMISSION STAFF: 7:30 P.M. - COUNCIL CHAMBERS Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas Gail Leipold - Chair, Bette Anderson, William Jackson, Peg Johnson, Gary Perkins, and Melanie Voris Natalie Swaggert, Director of Human Resources and Services, Pat Barker, and Karen Michael, Recording Secretary I. ROLL CALL Council members Jean Harris and Patricia Pidcock were absent. II. APPROVAL OF AGENDA MOTION: Anderson moved, seconded by Tenpas, to approve the Agenda as published. Motion carried unanimously. III. INTRODUCTIONS Director of Human Resources and Services introduced members of the Human Rights and Services Commission and noted areas of interest and expertise of each member. IV. MISSION Commission Chair Leipold stated that the Commission was a working commission using sub-committees to focus on specific goals. Leipold said the Commission was proud of its accomplishments and would continue to be advocates for those who live and work in Eden Prairie. V. GOALS A. Funding Gary Perkins gave an overview of the funding process and reviewed the criteria used in determining funding. The forms used in the process were explained. Perkins addressed how the Commission made its recommendation to the Council for funding and the use of the contingency fund. The Commission's on-going monitoring of agencies was also outlined. B. Human Services Coordinating Council Peg Johnson, the Commission's representative on the Human Services Coordinating Council, briefly reviewed the history of the Council and noted the representation on the Council. She called attention to the Mission Statement which was included in the packets. The Council has looked into the need for and the possibility of United Way funding for a human services center. She reported that the Council's current issues are focusing on the needs of low-income residents and child care. Johnson called attention to the joint meeting of the Human Services Coordinating Council and the Human Rights and Services Commission to be held on October 30th in the School Board Room in the School Administration Building. At that time there will be a presentation by the Hennepin County Health Department. Johnson noted that this joint Commission/Council meeting is an annual event. Pat Barker reported that a survey is being conducted on the income basis used to determine sliding fee scales in the City. As a part of that survey it was learned that 8% of the student lunches served last year by the school district were subsidized. Council member Anderson asked if the school district has a breakfast program. No one was aware of one being offered at this time. Mayor Peterson asked that the City Council be sent notices of the October 30th joint meeting. C. Transportation Virginia Gartner said the Commission was increasing its awareness of transportation problems in Eden Prairie as well as surrounding communities. Beverley Miller, Southwest Metro Transit Administrator, is scheduled to speak to the Commission during the coming year. The transportation issue was an important aspect in the review of the Elim Homes project. Gartner stated that the South Hennepin Human Services Council is currently conducting a transportation survey. Mayor Peterson asked if this survey would also examine the unmet needs of the handicapped. Swaggert said she believed the survey would cover all aspects of transportation. D. Communication Bette Anderson addressed the internal and external communication networks. She called attention to the roles Commission members play in other organizations and noted that Commission members have sought out positions on other boards and commissions to broaden the knowledge and influence of the Commission. Commission members have conducted on-site visits this past year to the agencies funded and have found these visits to be most helpful. Mayor Peterson asked why the Commission was represented on Pride Institute's Board and not on the Board of Humphrey Residents or Welcome Home. Pride Institute had requested that a Commission member serve on its board. E. No-Fault Grievance Training Gail Leipold reported that seven of the nine Commission members have been trained in the no-fault grievance process, the remaining two members will be trained this fall. The Commission has a "Worksharing Agreement" with the Department of Human Rights which outlines the roles each will play. This year the Commission has submitted news articles to local newspapers which explained the no-fault grievance process; presentations have been made to various civic organizations; and members are developing a bulletin board piece which will further advertise the process. Mayor Peterson asked if people other than Commission members can be trained in the process; Leipold said that is not possible under the Worksharing Agreement. F. Hennepin County Kent Barker said that $500 million was spent on human services by Hennepin County this last year. Because Eden Prairie has approximately 4% of the County's population, it would seem that $20 million should be allocated to Eden Prairie's needs. Even though human service needs seem to be less in Eden Prairie, the County does spend about $12 million for AFDC, general assistance, medical assistance, child protection, and family counseling. Barker related that Hennepin County now has an intake worker at the PROP offices two days each week to service Eden Prairie residents. He also called attention to the fact that a representative from Hennepin County's Health Department will be at the October 30th Joint Meeting with the Human Service Coordinating Council. Doug Tenpas asked if there were statistics available regarding the number of families in Eden Prairie receiving assistance from the County. Johnson said that Commission has figures as of October 1988 at which time there were 118 families receiving AFDC, 34 receiving General Assistance, 119 receiving Medical Assistance, and 141 receiving food stamps. G. Human Rights Bill Jackson said that the Commission had been represented at a recent dinner held by the NAACP and that the Commission had as a speaker early last year Frank Taylor, President of the Southwest Area Branch of the NAACP. The Commission has a sub-committee which will meet next week to work on plans for a Martin Luther King celebration on January 21, 1990. Jackson and Michael attended a meeting in Bloomington recently at which time representatives from Edina, Richfield, and Eden Prairie heard about Bloomington's successful celebration last January. Jackson noted that Gary Gorman, representing the State Department of Human Rights, will speak to the Commission at its September meeting. Mayor Peterson asked if the NAACP is reaching out to minority groups. Jackson said that the Southwest Area Branch seems to be reaching out to corporate executives and those in power such as mayors and council members; this is not necessarily the way the organization does things at the national level. 2ogie H. Rental Code Virginia Gartner stated that this was a project undertaken by the Commission in about 1985. Kevin Schmieg, Director of Facilities, Inspections & Safety, is scheduled to make a presentation to the Commission this Fall. The questions posed to the City are usually those which would not be covered under a rental code; many of the questions can be addressed by referring to the Uniform Building Code. I. Senior Services Melanie Voris said that the Commission was increasing its knowledge of services and programs offered to seniors. Burin .; the past year Sandy Werts and Willie Emry had made presentations, a visit was made to the Senior Outreach offices, Commission members made a presentation on the no-fault grievance process at the Senior Center, the Commission supported a program whereby a Senior Outreach worker was present at the Senior Center three days each week; support was given for strengthening the level of service provided by the H.O.M.E. program, the Elim Shores project was reviewed, and a sub-committee was established to research other senior programs. Dick Anderson suggested that this is an area where there could be more coordination between the seniors and the recreation staff. He said he is especially concerned about those seniors who find themselves without a partner and yet willing to do things. He said it is particularly important to reach out to that population. Voris said there is also a fear on the part of seniors to ask for help because they are afraid of losing their homes. M. Development Proposals Peter Iversen said that a sub-committee had been formed to review the Elim Shores project; once the project is completed, Commission members want to schedule a tour. He said the Commission would like to be viewed as a resource to the Council. He thanked the City staff for its help in preparing Commission members to carry out their role. VI. DISCUSSION Leipold asked the Council if the Commission was fulfilling its charge. The Mayor said it was and expressed its thanks to the Commission members for an excellent presentation. Tenpas stated he had recently done a "ride along" with the Police Department and was able to see some of the community's needs at that time; he said he was impressed with the Commission members involvement and what the Commission is doing in the community. Leipold said there are some very good services available and it is the Commission's desire to bring the best of those to Eden Prairie. Mayor Peterson said he was impressed with the organizational structure of the Commission and how it is looking at the meeting the needs of the residents. He said he wished there was a way for all the residents of Eden Prairie to know what this Commission does. 2J6JC, Tenpas said if the people in Eden Prairie were aware of how many Eden Prairie residents are in need maybe the checkbooks would open and there would be more money available to serve the needs of Eden Prairie residents. VII. ADJOURNMENT MOTION: Tenpas moved, seconded by Anderson, to adjourn the meeting at 9:00 p.m. Motion carried unanimously. ALIO CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 5, 1989 CONTRACTOR (MULTI-FAMILY & COMM.) Alert Electric, Inc. Proco Builders CONTRACTOR (1 & 2 FAMILY) Terry W. Anderson Freund Construction, Inc. Lawrence L.Gilmer Builder Gorco Construction Co. Greenskeeper Houghton Construction, Inc. Rannow Contracting, Inc. Stenbeck Builders PLUMBING City View Plumbing & Heating Hanson-Kleven Plumbing Holm Brothers Plumbing & Heating, Inc. Pride Plumbing Services GAS FITTER Countryside Heating & Cooling Services Holm Brothers Plumbing & Heating, Inc. HEATING & VENTILATING Countryside Heating & Cooling Services Holm Brothers Plumbing & Heating, Inc. J & R Refrigeration These licenses have been approved by the department h e a d s r e s p o n s i b l e f o r the licensed activity. Pat Solle Licensing MEMORANDUM TO: Mayor and City Council THUR: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Barbara Penning Cross, Landscape Architect..., DATE: August 30, 1989 SUBJECT: Change Order Authorization for Tennis Court Construction at Franlo Park On June 6, 1989, the City Council awarded the contract for tennis court construction to Finley Bros Enterprises. The contract for $42,227 was to pave, color coat and stripe two tennis courts at Franlo Park and two tennis courts at Wyndham Knoll Park. The base for both sets of tennis courts was assumed to be ready for paving and not part of the original contract. Mr. Finley found the base at Franlo, which had been prepared by a contractor several years ago, was about 50% too steep. The City crews were not able to do the work in a timely fashion, so a Change Order was issued for him to correct the base. Elevations were cut and additional fill and granular base was brought in to correct the slopes. Topsoil was also brought in to backfill where the grades had been raised. Prices for materials were quoted as follows: granular fill $5 per ton limestone base rock $7.30 per ton black topsoil $5 per ton These prices all included hauling to the site and were comparable to Staring Lake bid prices. The total project cost with the Change Order is $49,227. The additional money will come from cash park fees. BPC:mdd / / AJ;Ai P.O. NO. BILL TO: City of Eden Prairie ysoo Executive Drive Eden Prairie, En. 55344 JosNa TC-89-070 Barb Cross 937-2262 Q FINLEY BROS. ENTERPRISES 5801 Baker Road Minnetonka, Mn. 55345 Telephone: 812-933-8272 DATE 8-14-89] JOB NAME: 1989 Tennis Courts at Wyndham Knoll & Franlo Parks INVNO. 3417 Tennis Court & Hardcourt Construction 1989. K 28 K 29 Base Bid ( Original Contract Amount ) ... 42,227.00 Change Order Add No. 1 Franlo sub base ... 7,000.00 Total this invoice $ 49,227.00 INVOICE Put due accounts ant subject to a Gannon charge of lab% pm month (HM per annum) The above noted work is to be billed as an add item to the 1989 Tennis Court Construction work already under contract. Subgrade improvemqnts/corrections at $7,000.00. Wpmji.tqd, Raymond %. Finley Partner •TENNIs t A )1 tiff DLSIGN dnd CONS7RUCTION • It ESI %FM:1M • ACOSSORIES July 10, 1989 City fo Eden Prairie 7600 Executive Drive Eden Prairie, Mn. 55344-3677 Ms. Barbara Cross Re: 1989 Tennis Court Improvements for: Wyndam Knoll Park & Franlo Park Dear Ms. Cross; Existing grades for the Class #2 crushed rock base material show the subgrade to be sloped about 50% too steep. We propose to do the the following work to correct the subgrade deficency: for Franlo Park Tennis Courts & H.S. 1. Install approx. 400 ton granular fill leveling wedge. 2. Cut area on hard court to proper elevation. 3. Install approx. 650 ton Class #2 crushed limestone base. 4. Install approx. 120 Cu. yds. top soil perimeter back fill ( lateral support ) for East Tennis Court area. Note: contractor does not include any seeding or sodding work as part of this proposal. . FINLEY BROS. ENTERPRISES 5801 Raker Road Minnetonka, Mn. 55345 16) Telephone: 612-933-8272 2.jg MEMORANDUM TO: Mayor and City Council FROM: Waste Management Commission SUBJECT: Resolution urging Minnesota's Congressional delegation to sponsor and support plastics recycling measures DATE: August 22, 1989 During its study of the proposed packaging ordinance, the Waste Management Commission has had an opportunity to become familiar with the effects of plastics in the solid waste stream. For example, packaging makes up over 40 percent of mixed municipal solid waste, and food and beverage packaging Is 75 percent of this amount. Plastic is growing rapidly as a packaging material by displacing other types of material. Most types of plastics are recyclable; in this sense, they are quite similar to other packaging materials. Unlike glass, metal, and some types of paper, however, opportunities and techniques to recycle plastics are not well-developed. The Waste Management Commission believes that the national level is the appropriate one to provide the incentives to recycle plastics. Plastics are made of many different formulations of resins; it makes sense to establish a national system of coding or labeling the type of plastic something is made of and to avoid potentially 50 different identification systems. In so doing, plastics could be more easily separated and reused. Additionally, Congress should consider changes to the federal tax code which would provide incentives to reuse plastics in manufacturing processes and consumer purchasing patterns. Such a broad public approach would lead to efficiencies in the recyclability of plastics because plastics recycling is in its infancy. On August 10, 1989, the Waste Management Commission considered a resolution which would urge the Minnesota Congressional delegation to sponsor and support measures which will expedite plastics recycling. Commission members voted unanimously to recommend that the City Council adopt this resolution in order to lend the City's voice to the growing demand for responsible management of this component of solid waste. Recommendation: The Commission recommends adoption of Resolution No. 89- 187. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-187 A RESOLUTION URGING THE MINNESOTA DELEGATION IN THE CONGRESS OF THE UNITED STATES TO SPONSOR AND SUPPORT MEASURES TO EXPEDITE THE RECYCLING OF PLASTICS WHEREAS, the current mix of solid waste management practices is producin g widespread pollution problems of such magnitude that they constitute a c r i s i s ; a n d WHEREAS, sanitary landfills are proven sources of groundwater polluti o n a n d n e w solid waste incinerators may pollute the air; and WHEREAS, responsible actions to address this dilemma are those which red u c e t h e amount of solid waste to be buried in landfills and processed in inciner a t o r s ; a n d WHEREAS, to accomplish these objectives, measures need to be taken to m a x i m i z e the recyclability, reusability, or degradability of materials; and WHEREAS, plastics are materials which constitute a significant compone n t o f t h e solid waste stream, and indeed are among the most voluminous wastes gener a t e d t o d a y ; and WHEREAS, while plastics are in use in ever-increasing quantities, the a m o u n t o f plastics reused or recycled remains a very small percentage of plastics p r o d u c e d ; a n d WHEREAS, overall waste management strategies will be more effective if p l a s t i c s can be more easily recycled and reused; and WHEREAS, as the presence of plastic products and manufacturers is ubiqu i t o u s i n the nation, the ability to establish uniformity and to encourage the reus e a n d recycling of plastics is most effectively addressed on a national level d u r i n g t h e inception of handling post-consumer waste plastics; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden P r a i r i e , Minnesota, that the Council urges the Congress of the United States t o e n a c t m e a s u r e s to expedite the recycling of plastics. Congress should mandate a unif o r m s y s t e m t o identify the type of resin in plastic products in order to more easil y a c c o m p l i s h t h e separation and reuse of different types of plastics; the system devise d b y t h e Society of Plastics Industry should be the model used by Congress. Ad d i t i o n a l l y , t h e Congress should make changes in the federal Tax Code which will provid e i n c e n t i v e s t o reuse plastics in manufacturing processes and consumer purchasing patt e r n s , r a t h e r than to have continuation of regulations and practices which encourage u s e o f v i r g i n resins. The Minnesota Congressional delegation should demonstrate lea d e r s h i p i n t h i s area in order to safeguard our precious environment. ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL this 5th day of September, 1989 . Mayor Gary D. Peterson SEAL John D. Frane, City Clerk n r e-10 (1 I MEMORANDUM TO: Mayor and City Council THUR: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Barbara Penning Cross, Landscape ArchiteciIiI1/ DATE: August 30, 1989 SUBJECT: Change Order Authorization for Amphitheater Construction at Staring Lake Park Work at Staring Lake amphitheater and the improvements around the building are progressing smoothly and are nearly completed. Several Change Orders to the Staring Lake contract were necessary and are explained as follows: 1. The small plaza in the rear of the building has had drainage problems and maintenance problems since the shelter was built 8 years ago. Once the front of the building was improved with a new concrete plaza, the problems at the rear of the building were strikingly evident. The City already had a contractor on site with a good bid for concrete work, so additional concrete was laid behind the building expanding the area for seating and correcting the maintenance problems. 2/3. The slopes around the amphitheater turned out to be much steeper than originally anticipated. The slopes needed to be more gradual in order for our park crews to maintain them properly. Free fill was trucked in from the airport across the street and the two additional dozers were required to spread the fill to a more desirable grade. 4. Buried timbers, logs and rocks were found during grading. In order for no settlement to take place as they decayed, the City required that it be hauled away. The original contract amount for the Staring Lake project was $235,247.05. Unit prices for each line item were set before the contract was signed. Quantities are then measured and payment is based on the unit price. The above Change Orders have all been done at prices locked in by the signed contract. The additional money for these Change Orders will come from cash park fees. BPC:mdd ao 117 Hansen Thorp I I Pellinen Olson Inc. 1 Consulting Engineers & Land Surveyors CHANGE ORDER #1 K-13 STARING LAKE PARK TO: City of Eden Prairie Changes made for work performed in this contract: NATURE OF CHANGES: 1. Concrete work behind shelter 2. Case dozer to place dirt 3. D4 dozer to place dirt 4. Hauling trash ADJUSTMENTS TO CONTRACT COST: 1. Add labor & cost 2. Add labor & cost 3. Add labor & cost 4. Add labor & cost Total Additions $ 4,406.62 1,208.00 195.00 525.00 $ 6,334.62 (612) 829-0700 • 7565 Office Ridge Circle • Eden Prairie, MN 55344-3644 go'lg CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-188 A RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 6TH ADDITION WHEREAS, the plat of EDEN PRAIRIE CENTER 6TH 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 EDEN PRAIRIE CENTER 6TH ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated AUGUST 30, 1989. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on SEPTEMBER 5, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk ot) CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: August 30, 1989 SUBJECT: Eden Prairie Center 6th Addition PROPOSAL: The developers, Eden Square General Partnership, have r e q u e s t e d City Council approval of the final plat of Eden Prairie C e n t e r 6 t h Addition, also known as Eden Square Shopping Center. Located in the northeast quadrant of Prairie Center Drive and Trunk Highwa y 1 6 9 The plat contains 11.72 acres consisting of three underlying pa r c e l s t o b e combined into one lot. HISTORY: The preliminary plat was approved by the City Council May 2 , 1 9 8 9 per Resolution No. 89-84. The Second Reading of Ordinance No. 5-89-PUD-3-89, Zoning Cod e A m e n d m e n t within the Regional Service Commercial District was finall y r e a d a n d approved at the City Council meeting held August 1, 1989. The Developer's Agreement referred to within this report wa s e x e c u t e d November 7, 1988. VARIANCES: All variance requests must be processed through the Board o f Appeals. UTILITIES AND STREETS: All municipal utilities and walkways will be installed throughout the plat in conformance with City Standards and the requirements of the Developer's Agreement. All roadways necessary to service this property are currently in place. PARK DEDICATION: The requirements for park dedication are covered in th e Developer's Agreement. BONDING: Bonding must conform to City Code and the Developer's Agre e m e n t . RECOMMENDATION: Recommend approval of the final plat of Eden Prairie Cen t e r 6th Addition subject to the requirements of this report, the D e v e l o p e r ' s Agreement, and the following: 1. Receipt of Engineering Fee in the amount of $1,172.00. JJ:ssa cc: Eden Square Shopping Center Partnership Westwood Planning and Engineering 7 q CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-197 SUPPLEMENT TO JOINT POWERS AGREEMENT T.H. 212 EIS/DESIGN STUDY REPORT WHEREAS, the State of Minnesota, Depart m e n t o f T r a n s p o r t a t i o n , t h e M e t r o p o l i t a n Council, Carver County, Hennepin Count y , t h e C i t y o f C h a n h a s s e n , t h e C i t y o f Eden Prairie, and the City of Chaska, he r e i n a f t e r r e f e r r e d t o a s t h e " A g e n c i e s " , did enter into an agreement identified a s N u m b e r 6 4 1 4 0 f o r t h e p e r f o r m a n c e o f a n environmental impact statement and a d e s i g n s t u d y r e p o r t f o r t h e T . H . 2 1 2 corridor; WHEREAS, the Agencies did thereby agre e t o p a r t i c i p a t e a n d c o o p e r a t e i n t h e preparation and completion of the T.H. 2 1 2 E n v i r o n m e n t a l I m p a c t S t a t e m e n t a n d Design Study Report; WHEREAS, it was determined that a cons u l t i n g f i r m w o u l d b e s e l e c t e d b y t h e Agencies' Task Force and hired by Carver C o u n t y , t o p r e p a r e t h e E n v i r o n m e n t a l Impact Statement and Design Study Report; WHEREAS, a contract was executed wit h a c o n s u l t i n g f i r m a n d a s u b s t a n t i a l portion of the required scope of work ha s b e e n c o m p l e t e d ; WHEREAS, due to changes in the original roadway corrid o r c o n c e p t , d a t a p r o v i d e d to the consultant was no longer valid; WHEREAS, several sites/structures along t h e c o r r i d o r a r e r e q u i r i n g m o r e r e s e a r c h for Historic Significance than originall y s u s p e c t e d ; WHEREAS, the consultant has been request e d t o m a k e t h e n e c e s s a r y c o r r e c t i o n s t o the data, and to perform the necessary re s e a r c h f o r t h e i m p a c t e d sites; WHEREAS, it was agreed in Section 2.01 of A g r e e m e n t N o . 6 4 1 4 0 , t h a t a l l e x p e n s e s for the study exceeding $320,000 would b e t h e r e s p o n s i b i l i t y o f t h e M i n n e s o t a Department of Transportation; WHEREAS, the Minnesota Department of T r a n s p o r t a t i o n h a s r e v i e w e d t h e p r o p o s e d costs to perform the additional services a n d h a v e f o u n d t h e c o s t s t o b e f a i r and reasonable; WHEREAS, the Minnesota Department of T r a n s p o r t a t i o n i s o b l i g a t e d t o r e i m b u r s e Carver County for necessary payments to t h e c o n s u l t a n t f o r t h e a d d i t i o n a l w o r k requested; and Page 2 of 2 RESOLUTION NO. 89-197 WHEREAS, Supplement Number Two to Agreemen t N o . 6 4 1 4 0 f o r a m e n d i n g t h e m a x i m u m contract amount to $495,000.00 and the Minne s o t a D e p a r t m e n t o f T r a n s p o r t a t i o n ' s portion of this amount to $295,000.00 has be e n w r i t t e n , i s a t t a c h e d h e r e t o , a n d is made a part hereof. NOW THEREFORE, BE IT RESOLVED by the City of E d e n P r a i r i e t h a t S u p p l e m e n t N u m b e r Two, a part hereof, is approved, and BE IT FURTHER RESOLVED, that the Mayor an d C i t y M a n a g e r b e a n d h e r e b y a r e authorized to execute the Agreement in behalf o f t h e C i t y o f E d e n P r a i r i e . ADOPTED by the Eden Prairie City Council on S e p t e m b e r 5 , 1 9 8 9 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 2 A06 ao7') CONSULTANT AGREEMENTS AMENDMENT TO SECTION AGREEMENT 64140 MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TECHNICAL SERVICES Supplement No. 2 to Agreement No. 64140 The State of Minnesota, Department of Transportation, and The County of Carver Re: T.H. 212 Environmental Impact Statement SUPPLEMENTAL ENGINEERING AGREEMENT NO. 2 THIS SUPPLEMENTAL AGREEMENT made and entered into b y a n d b e t w e e n t h e State of Minnesota, Department of Transportation ( M n / D O T ) , t h e Metropolitan Council, Carver County, Hennepin Count y , t h e C i t y o f Chanhassen, the City of Eden Prairie, and the City o f C h a s k a hereinafter referred to as the "Agencies". W/TNESSETH: WHEREAS, the Agencies did enter into Agreement No. 6 4 1 4 0 a n d Supplement No. 1, whereby the Agencies did agree to p a r t i c i p a t e and cooperate in the preparation and completion of t h e T . H . 2 1 2 Environmental Impact Statement and Design Study Repo r t ; a n d WHEREAS, it was determined that a consultanting firm w o u l d b e selected by the Agencies' Task Force and hired by Carver County, page 2 64140-2 to prepare the Environmental Impact Statement and Design Study Report; and WHEREAS, a contract was executed with a consultanting firm and a sub- stantial portion of the required scope of work has been completed; and WHEREAS, decisions have been made by the Federal Highway Administration (FHWA) regarding 4(f) property impacts and Historical Structures which increases the originally anticipated level of analysis necessary for these impacts in this corridor; and WHEREAS, review by Mn/DOT and the FHWA of the "affected environment" and "environmental consequences" sections of the preliminary Draft EIS has resulted in additional analysis of the wetlands and wildlife habitat then originally anticipated; and WHEREAS, the analysis and documentation, for this project in general, has been much more extensive than originally expected; and WHEREAS, the consultant has been requested to conduct the necessary analysis and research, and provide the required documentation for the potentially impacted sites along the corridor; and WHEREAS, it was agreed in Section 2.01 of Agreement No. 64140, that all expenses for the study exceeding $320,000 would be the responsibility of Mn/DOT; and ar7 page 3 64140-2 WHEREAS, Mn/DOT has previously agreed to reimburse Carver C o u n t y for all expenses incurred for Supplement No. 1 to Agreement N o . 64140, to a maximum amount of $44,500.00; and WHEREAS, the Mn/DOT has reviewed the proposed costs to perf o r m t h e additional services and have found the costs to be fair and reasonable; and WHEREAS, the Minnesota Department of Transportation is obli g a t e d t o reimburse Carver County for necessary payments to the consul t a n t f o r the additional work requested. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: REVISION SECTION 2.0 - CONTRACT ADMINISTRATION Sections 2.01 and 2.02 should be revised to the following: 2.01 The consultant contract shall not exceed $451,890 and shall be approved by a majority vote of the T.H. 212 Task Force prior to execution by Carver County and the consultant. If it appears at any time that the payments to the consultant will exceed a total estimated payment of $451,890 for the project, the consultant shall not perform any services that would cause that amount to be exceeded unless the consultan t has been advised by Carver County that the additional funds have been encumbered by Mn/DOT. However, the total amount t o be paid to the consultant shall not exceed the sum of $495,0 0 0 without an additional supplemental agreement being executed between the Agencies. The costs to the municipalities, the counties, and the Metropolitan Council shall not exceed $200,000.00 and shall be shared as follows: Acnq page 4 64140-2 AGENCY COST City of Chanhassen $ 30,000 City of Chaska 30,000 City of Eden Prairie $ 30,000 Carver County $ 30,000 Hennepin County $ 30,000 Metropolitan Council $ 50,000 Mn/DOT $ 251,890 (295,000 max) $ 451,890 (495,000 max) Should the final cost of the study exceed $495,000, t h e Minnesota Department of Transportation agrees to co m p l e t e t h e Environmental Impact Statement and Design Study Rep o r t a t n o additional cost to the agency members listed below: City of Chanhassen City of Chaska City of Eden Prairie Carver County Hennepin County Metropolitan Council A final contract cost of less than $495,000 shall r e s u l t i n reduced agency costs proportional to each agency's c o s t obligations stated as follows: For Costs up $320,000: MAXIMUM $ OBLIGATION Chanhassen 30,000 Chaska $ 30,000 Eden Prairie $ 30,000 Carver County $ 30,000 Hennepin County $ 30,000 Metropolitan Council $ 50,000 Mn/DOT $ 120,000 Subtotal: $ 320,000 PERCENTAGE OBLIGATION 9.375 % 9.375 % 9.375 % 9.375 % 9.375 % 15.625 % 37.500 % 100.000 % For Costs exceeding $320,000, up a maximum of $495, 0 0 0 : Mn/DOT $ 175,000 100.000 % TOTAL: $ 495,000 (Maximum without additional supplemental agreement) page 5 64140-2 2.02 Each agency's pro rata share, as defined i n S e c t i o n 2 . 0 1 , shall be paid to Carver County as contrac t i n g a g e n t , f r o m time to time when and as payments are req u i r e d t o b e m a d e b y Carver County to the consultant firm pursu a n t t o t h e c o n t r a c t . Carver County shall invoice each Agency fr o m t i m e t o t i m e a s payments are required to be made to the co n s u l t a n t f i r m . S u c h invoices shall reflect each member Agency' s s h a r e o f t h e payment due and shall be paid within 35 da y s f r o m r e c e i p t o f the invoice. STATUS OF ORIGINAL AGREEMENT Except as amended and modified herein, th e t e r m o f said Agreement No. 64140 and Supplement No. 1 s h a l l r e m a i n i n full force and effect. APPROVALS Before this Supplemental Agreement shall b e c o m e b i n d i n g a n d effective, it shall receive the approval o f s u c h S t a t e O f f i c e r s as the law may provide, in addition to th e C o m m i s s i o n e r o f Transportation. aoz 1 page 10 64140-2 MUNICIPALITIES City of Chanhassen By: By: Mayor City Manager Date: Date: City of Eden Prairie By: By: Mayor City Manager Date: Date: City of Chaska By: By: Mayor City Manager Date: Date: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MN RESOLUTION NO. 89-193 SUPPLEMENT NO. 1 TO AGREEMENT NO. 64918 DESIGN OF TH 5 FROM CSAH 4 TO CSAH 17 WHEREAS the State of Minnesota and the City of Eden Prairie entered into Agreement No. 64918 for final design of TH 5 from CSAH 4 to CSAH 17; WHEREAS the State of Minnesota and the City of Eden Prairie have agreed that additional work is required to complete said services, and WHEREAS the State of Minnesota and the City of Eden Prairie desire to continue the services of the City's Consultant to accomplish this additional work. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Supplement No. 1 to Agreement No. 64918 is hereby approved and the Mayor and City Manager are hereby authorized to execute the Agreement on behalf of the City of Eden Prairie. Adopted by the Eden Prairie City Council on September 5, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 9o78 AGREEMENT SERVICES SECTION AGREEMENT NO. 64918-1 ADJUSTED TOTAL FEE $355,463.00 MINNESOTA DEPARTMENT OF TRANSPORTATION CONSULTANT AGREEMENT FOR ENGINEERING SERVICES FOR FINAL DESIGN SERVICES Supplement No. 1 to Agreement No. 64918 between The State of Minnesota, Department of Transportation and The City of Eden Prairie S.P. 1002 T.H. 5 In Eden Prairie and Chanhassen ;DIU 64918-1 INDEX SUBJECT PAGE NO. Parties to the Agreement 1 Explanation and Justification 1 Revision 1.0 - Services to be provided by the City 1 Revision 2.0 - Time Schedule 3 Revision 3.0 - Payment to the Consultant 3 Status of Original Agreement 5 Approvals 5 Signatures ;,)3T: 64918-1 This Supplemental Agreement made and entered into by and between the State of Minnesota, Department of Transportation hereinafter referred to as the "State" and the City of Eden Prairie hereinafter referred to as the "City". Barton Aschman Associates, Inc. is referred to herein as the City's Consultant. WITNESSETH: WHEREAS the State and City entered into Agreement No. 64918 for final design services, and WHEREAS the State and City has agreed that additional work is required to complete said services, and WHEREAS the State and City desires to continue the services of the City's Consultant to accomplish this additional work. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: REVISION 1.0 - SERVICES TO BE PROVIDED BY THE CITY Section 2.0 of Agreement No. 64918 is hereby amended and modified to read as follows: 2.331 Complete the right of way preacquisition for sixty two additional parcels. - 1 - Jab, 64918-1 2.511 Redesign required geometrics including cross-sections in Eden Prairie and Chanhassen to accomodate various intersections. 2.512 Prepare a tree inventory coordination and preservation techniques as per the City of Eden Prairie tree transplant policy. 2.5121 Incorporate tree transplants into the plan, estimate and special provisions. 2.531 Prepare Signal Justification Report at Market Boulevard. 2.541 Design signal system at Market Boulevard and underground conduit and cable work for signal at Heritage Road. 2.542 Design Temporary Bypass 2.543 Design Trail Illumination at underpass and extend trail system in Eden Prairie. 2.821 Design and incorporate into plan estimate and special provisions a retaining wall for the NSP transmission tower. 2.822 Redesign Sanitary sewer from a force main to a gravity system, incorporate design into plan, estimate and special provisions. Relative to the scope of services as listed above, a more defined description of said work is contained in the City's Consultant's Financial Proposal dated March 28, 1989. Said proposal is made a part hereof by reference with the same force and effect as though fully set forth herein. - 2 64918-1 REVISION 2.0 - TIME SCHEDULE Section 5.0 of Agreement No. 64918 is hereby a m e n d e d a n d m o d i f i e d t o read as follows: 5.21 The City's Consultant shall complete all work a n d s e r v i c e s required under the terms of this agreement by M a r c h 3 1 , 1990. REVISION 3.0 - PAYMENT TO THE CITY Section 6.0 of Agreement No. 64918 is hereby a m e n d e d a n d m o d i f i e d t o read as follows: 6.11 The State shall pay to the City as compensat i o n i n f u l l for the services performed by the firm of Barton-Aschman Associates, Inc., the "City's Consultant", under this agreement the lump s u m a m o u n t of $355,463.00. In addition, the following entities shall pa y t h e following amounts as compensation for the ser v i c e s performed by the City's Consultant: 1. Southwest Coalition 2. City of Chanhassen 3. City of Eden Prairie 4. City of Chaska 5. City of Waconia 6. County of Hennepin $75,000.00 $74,395 .00 $50,000.00 $20,000.00 $15,000.00 $10,000.00 - 3 - (-)7Z 64918-1 7. County of Carver $10,000.00 The total compensation to be paid to the City's Consultant shall be $609,822.00. Nothwithstanding any term or condition contained in this Agreement to the contrary, the City shall have no obligation to do anything or perform any act until and unless the State and all of the other entities make the payments as required by this paragraph. In the event that either the State or any of the entities fail to make the payments set forth above, then the city's obligations under this Agreement shall be rendered void and unenforceable. 6.21 If it appears at any time that the City's Consultant will exceed a total estimated payment of $609,822.00 the City's Consultant agrees not to perform any services that would cause that amount to be exceeded unless the City's Consultant has been advised by the City that additional funds have been encumbered, a supplemental agreement has been issued and that work may proceed. It shall be the responsibility of the City to originate all requests for additional encumbrances, compensations and for supplemental agreements. - 4 - 64918-1 STATUS OF ORIGINAL AGREEMENT Except as amended and modified herein, the terms and conditions of Agreement No. 64918 shall remain in full force and effect. APPROVALS Before this supplemental agreement shall become binding and effective it shall receive the approval of such State officers as the law may provide in addition, to the Commissioner of Transportation. - 5 - ,9,0?3 6 il9/8-/ IN WITNESS WHEREOF the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: CONTRACTOR: (If a corporation, two corporate officers must execute.) By laary U. Peterson Title Mayor Date By Lan J. JOilie Title City Manager Date STATE AGENCY OR DEPARTMENT: By (Authorized Signature) Title Date As to form and execution by ATTORNEY GENERAL: By Date COMMISSIONER OF ADMINISTRATION: By (Authorized Signature) Date COMMISSIONER OF FINANCE: By (Encumbrance Center Authorized Signature) Date 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-198 APPROVE PETITION TO NINE MILE CREEK WATERSHED DISTRICT FOR SMETANA LAKE OUTLET IMPROVEMENTS WHEREAS, the City petitioned Nine Mile Creek Watershed Dist r i c t f o r construction of the outlet for Smetana Lake in June, 1985, and WHEREAS, the Nine Mile Creek Watershed District has been d e l a y e d i n proceeding with the Smetana Lake Outlet Improvements due to co m m i t m e n t s to other projects. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prair i e h e r e b y reconfirms its commitment to said petition to the Nine Mi l e C r e e k Watershed District for the Smetana Lake Outlet Improvements da t e d J u n e 18, 1985. ADOPTED by the Eden Prairie City Council on September 5, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D., Frane, Clerk PETITION OF THE CITY OF EDEN PRAIRIE TO THE NINE MIIF cnrEr WATERSHED DISTRICT FoR THE CONSTRUCTION Oi 111E OUILLT for TANA I. AUTHORITY This petition, submitted pursuant to the provisions of Minnesota Statutes SS 112.48 and 112.61, Subdivision 3, requests the Managers of the Nine Mile Creek Watershed District undertake the Smetana Lake Project within the City of Eden Prairie. The general concept and objectives to be gained by said project are more fully specified on page 26 of the Nine Mile Creek Watershed District Overall Plan, dated 1973, developed by the Watershed District pursuant to Minnesota Statutes 1971, Chapter 112, the Watershed Act. The project is in conformity with the overall plan for the Nine Mile Creek Watershed District (hereinafter District) and is part of the basic water management plan of the District. II. PURPOSE AND GENERAL DESCRIPTION OF WORK PROPOSED Fluctuating lake levels are a problem with Smetana lake. The shoreline and banks surrounding the lake show the etterts of continuously fluctuating lake levels. The purpose of the plan is to reduce the problems associated with fluctuating levels, by in..talling an outlet for the lake, and with a stabilized lake level, a flood level for the lake can be established and urbanization can continue in an orderly fashion. III. DESCRIPTION OF THE LANDS OVER WHICH THE PROPOSED IMPROVEMINT IS LOCATED The lands upon which the project improvement will be located are situated entirely in the City of Eden Prairie and are tributary to Smetana Lake. The lands are located in Sections 12 and II, T116N, R22W. IV. GENERAL DESCRIPTION OF THE PART OF THE DISTRICT AFFECTED The area to be served by the proposed outlet includes District lands in the southern portion of the Nine Mile Creek watershed that are tributary to Smetana Lake. V. NEED AND NECESSITY FOR THE PROPOSED IMPROVEMENT The Petitioner recognizes the need for the construction of outlets for lakes in an urbanizing area. The lake nutlet will stabili..0 lake levels thereby allowing flood elevations to be estahlishod and enahlin9 development to proceed in an orderly fashion. 9,J4-2 VI. THE PROPOSED IMPROVEMENT WILL BE CONDUCIVE TO THE rwur HIALTH, CONVENIENCE AND WELFARE The City Council of Eden Prairie, on the fit. staff a. consultant reports, has determined that the proposed improveim!ni.. will be conducive to the public health, convenience and welfare. Completion of the outlet system will provide a means 01 reducing th , problems associated with fluctuating lake levels. This project will also minimize impacts on the shorelines and banks of the basin associated with the fluctuating lake levels. VII. FINANCING OF THE PROPOSED IMPROVEMENT This project is included in the Nine Mile Creek Watershed District Policy Statement regarding Project Financing as a First Priority Project. As such, it is eligible for 100% financing by the District. The project proposed by this petition is of common benefit to the entire District and is a part of the basic water managemont plan of the District. The petitioner requests that the cost of the project be financed in the manner provided by Minnesota Statute S112.61, Subdivision 3. VIII. FINANCING OF THE FEASIBILITY STUDY The Petitioner hereby states that it will pay all the costs and expenses which may be incurred in case the proceedings ire dismissed or for any reason no contract for the construction thereof is let. Ifthe proceedings are not dismissed and a contract for construction of the project is let, the Petitioner requests that the cost of the feasibility study be financed as a cost of the project in the manner provided by Minnesota Statutes S112.61, Subdivision 3 and that Petitioner be reimbursed by the Nine Mile Creek Watershed District for monies which it expends in connection with the feasibility study. IX. PETITIONER RIGHT OF WITHDRAWAL "Petitioner hereby reserves the right to withdraw this petition at any time. If Petitioner does withdraw this petition. Petitioner's liability for costs and expenses shall be limited to those incurred up to the time of withdrawal unless such costs and expenses arise under a separate contractural obligation." Dated June 1985 CITY OF EDEN PRAIRIE Be jori CItyyMplager The foregoing petition and its execution by the Ma§or and City Mananpr of the City of Lden Prairie was authorized at a regular meeting of the (den Prairie City Council held on the 18th day of June, 1985. J ATTEST: %r Clerk, City of MiT,Ai17c /1 r. osk.F1 a Birchwood Laboratories, Inc. 7900 Fuller Road Eden Prairie, Minnesota 55344 TELEPHONE: 6121937-7900 MX: 612/937-7979 August 16, 1989 Mr. Scott A. Kipp City Planner City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344-3677 Dear Mr. Kipp: This letter will confirm our telephone conversation regarding t h e D e v e l o p e r ' s Agreement on the approval of an addition to our mini storage. Prairie Green Associates does not wish to complete the Develo p e r ' s A g r e e m e n t or proceed with an addition to the existing mini storage. Will y o u p l e a s e withdraw our application from the agenda. Sincerely, / A. hri resident Prairie Green Mini-Storage Expansion CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-1)5 A RESOLUTION DENYING SECOND READING OF ORDINANCE #52-88 FOR THE PROPOSED PRAIRIE GREEN MINI-STORAGE EXPANSION WHEREAS, Ordinance No. 52-88, authorizing first reading of a rezoning of property for the proposed Prairie Green Mini-Storage expansion, did receive first reading by the City Council at a regular meeting on November 15, 1988; and; WHEREAS, proponents for the development of the Prairie Green Mini-Storage Expansion, Prairie Green Associates, have not, since that date, completed the necessary steps for finalizing the development as was reviewed by the City at the time of first reading; and, WHEREAS, Prairie Green Associates have requested withdrawal of the request at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that second reading of Ordinance #52-88 is hereby denied and that the attendant requests for Zoning District Amendment within the 1-2 Zoning District and Preliminary Plat, are also hereby denied. ADOPTED by the City Council on September 5, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk ,q09 {p Fairfield Phases 2-6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 59-88-PUD-15-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development 15-88- R1-9.5-R1-13.5 District (hereinafter "PUD 15-88-R1-9.5-R1-13.5". Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 5, 1989, entered into between Centex Real Estate Corporation and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 15-88-R1-9.5-R1-13.5, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 15-88-R1-9.5-R1-13.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 15-88-R1-9.5-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 15-88-R1-9.5-R1-13.5, are justified by the design of the development described therein. D. PUD 15-88-R1-9.5-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. 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 Planned Unit Development 15-88-R1-9.5-R1-13.5 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. 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 7. 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 13th day of December, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of September, 1989. ATTEST: 361—in D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of FAIRFIELD EXHIBIT A Page 1 of 6 P.U.D. CONCEPT & DISTRICT REVIEW AND PRELIMINARY PLAT All those parts of the following described land which lie southeasterly of the southeasterly right-of-way of the Minneapolis, and St. Louis Railroad: All that part of the South 3/8 of the Northeast 1/4 of the Northeast 1/4 . of Section 20, Township 116, Range 22, lying West of County Road No. 4. The West 2/3 of South 3/8 of the Northeast 1/4 of the Northwest 1/4 of Section 20, Township 116, Range 22. All that part of the Southeast 1/4 of the Northeast 1/4 of Section 20, Township 116, Range 22, which lies West of County Road No. 4, except that part thereof described as follows: Commencing at a point 279 feet West of the Northeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 20, Township 116, Range 22, which point is the center of so called Murphy Ferry Road; thence West 442 feet; thence South 340.8 feet; thence East on a line parallel to the North line of the Southeast 1/4 of the Northeast 1/4 to a point in center of the so called road; thence Northwesterly along the center of said road to the place of beginning, and except the southerly 450.00 feet of said Southeast 1/4 of the Northeast 1/4 of Section 20 and that part which lies southwesterly of the following described line; Beginning at a point 615.00 feet west of the east line of said Southeast quarter of the Northeast quarter and 300.00 feet northerly of the south line of said Southeast quarter of the Northeast quarter; thence northwesterly to a point on the west line of said Southeast quarter of the Northeast quarter, 750.00 feet north of the southwest corner of said Southeast quarter of the Northeast quarter as measured along said west line of said Southeast Quarter of the Northeast Quarter and there terminating. That part of the North 5/8 of the Northeast 1/4 of the Northeast 1/4 lying West of County Road No. 4, except Road, Section 20, Township 116, Range 22. The Northwest 1/4 of the Northwest 1/4 except Railroad right- of-way, Section 20, Township 116, Range 22. North 5/8 of the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 116, Range 22. North 5/8 of the Northeast 1/4 of the Northwest 1/4 except Railroad right-of- way, Section 20, Township 116, Range 22. Continued next page ri o 9 tAlktiELD EXHIBIT A PiCRTY-17 6 (Continued from P.U.D. Concept & District Review and Preliminary Plat) That part of the Southeast 1/4 of Section 17, Township 116, Rang e 2 2 , described as follows: Commencing at the Southeast corner o f t h e Southwest 1/4 of the Southeast 1/4 of said Section; thence North a l o n g the East line of said Southwest 1/4 of the Southeast 1/4, a distan c e o f 914 feet; thence deflecting to the right at an angle of 81 degree s , 3 7 minutes, a distance of 244 feet, more of less, to the center li n e o f Shakopee Road; thence Northerly along the center line of said R o a d a distance of 830 feet to the point of beginning of the tract of land to be described; thence Westerly to a point 1748.95 feet North of the S o u t h line of said Section and in a line described as follows: Beginnin g a t the Southeast corner of the Southwest 1/4 of the Southeast 1/4 of s a i d Section; thence West along South line of said Section 274 feet; th e n c e deflecting to the right at an angle of 91 degrees, 68 minutes , 3 0 seconds a distance of 1748.95 feet to said point; thence South a l o n g said line a distance of 1748.95 feet to the point in the South lin e o f said Section distant 274 feet West of the Southeast corner of s a i d Southwest 1/4 of the Southeast 1/4; thence West along said South li n e t o the Southwest corner of said Southwest 1/4 of the Southeast 1/4; th e n c e North along West line of said Southwest 1/4 of the Southeast 1/4 t o a point 1 rod South from the Northwest corner of said Southwest 1/4 of t h e Southeast 1/4; thence East parallel with the North line of s a i d Southwest 1/4 of the Southeast 1/4 to a point distant 1 r o d Southeasterly measured at a right angle from Southeasterly line of t h e right-of-way of the Minneapolis, and St. Louis Railroad; the n c e Northeasterly parallel with and 1 rod distant from said right-of-wa y t o the intersection of a line drawn North 87 degrees, 45 minutes West f r o m a point in the center line of the Shakopee Road distant 528.3 f e e t Northerly form the South line of the Northeast 1/4 of the Southea s t 1 / 4 of said Section 17, which said point is determined by measurin g a l o n g the center line of said Road; thence South 87 degrees 45 minutes East to the said center line of said road; thence Southeasterly along said center line to the point of beginning. I. East 1/3 of South 3/8 of Northeast 1/4 of Northwest 1/4 and South 3 / 8 o f Northwest 1/4 of Northeast 1/4, Section 20, Township 116, Range 22 . That part of the Southeast 1/4 of the Southwest 1/4 of Secti o n 1 7 , Township 116, Range 22, lying Southeast of the Railroad right-of-w a y . g 103 FAIRFIELD EXHIBIT A Page 3 of 6 GUIDE PLAN CHANGE FROM INDUSTRIAL TO LOW DENSITY RES I D E N T I A L AND ZONING FROM RURAL TO RI -13.5 That part of the North half of the North w e s t Q u a r t e r o f S e c t i o n 2 0 , Township 116, Range 22 and the North half o f t h e N o r t h e a s t Q u a r t e r o f said Section 20 and the Southeast Quarter o f t h e N o r t h e a s t Q u a r t e r o f said Section 20; and the South half of the S o u t h w e s t Q u a r t e r o f S e c t i o n 17, Township 116, Range 22 and the South ha l f o f t h e S o u t h e a s t Q u a r t e r of said Section 17 and the Northwest Quarter o f t h e S o u t h e a s t Q u a r t e r o f said Section 17 described as follows; Beginning at the Southwest corner of the Nor t h w e s t Q u a r t e r o f t h e Northeast Quarter of Section 20, Township 1 1 6 , R a n g e 2 2 ; t h e n c e -South 08 7 degrees 43 minutes 53 seconds West, assu m e d b e a r i n g , 2086.00 feet along the South line of said Nor t h w e s t Q u a r t e r o f t h e Northwest Quarter of Section 20 to the east e r l y r i g h t - o f - w a y o f the Minneapolis and St. Louis Railway Comp a n y ; t h e n c e N o r t h 4 3 degrees 23 minutes A:10 seconds East, 981 . 8 2 f e e t a l o n g s a i d .easterly right-of-way of said Minneapolis a n d S t . L o u i s R a i l w a y Company; thence South 63 degrees 30 minu t e s 0 0 s e c o n d s E a s t , 223.00 feet; thence South 87 degrees 00 minu t e s 0 0 s e c o n d s E a s t , 246.00 feet; thence North 79 degrees 00 min u t e s 0 0 s e c o n d s E a s t , 353.00 feet; thence South 80 degrees 00 min u t e s 0 0 s e c o n d s E a s t , 424.00 feet; thence North 83 degrees 00 min u t e s 0 0 s e c o n d s East, 198.51 feet; thence South 18 degrees 00 min u t e s 0 0 s e c o n d s E a s t , 297.40 feet; thence South 5 degrees 00 minu t e s 0 0 s e c o n d s E a s t , 292.00 feet to the south line of the Nort h w e s t Q u a r t e r o f t h e Northeast Quarter of Section 20, Township 1 1 6 , R a n g e 2 2 ; t h e n c e North 89 degrees 35 minutes 18 seconds Wes t , 1 1 2 . 5 9 f e e t a l o n g said south line of the Northwest Quarter of t h e N o r t h e a s t Q u a r t e r of Section 20 to the point of beginning. FAIRFIELD GUIDE PLAN CHANGE EXHIBIT A FROM INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL Page 4 of 6 That part of the North half of the Northwest Quarter of Section 20, Township 116, Range 22 and the North half of the Northeast Quarter of said Section 20 and the Southeast Quarter of the Northeast Quarter of said Section 20; and the South half of the Southwest Quarter of Section 17, Township 116, Range 22 and the South half of the Southeast Quarter of said Section 17 and the Northwest Quarter of the Southeast Quarter of said Section 17 described as follows; Concmncing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 20, Township 116, Range 22; thence South 88 degrees 43 minutes 53 seconds West, assumed bearing, 2086.00 feet along the south line of said Northwest Quarter of the Northwest Quarter of Section 20 to the easterly right-of-way of the Minneapolis and St. Louis Railway Company; thence North 43 'degrees. 23 minutes 00 seconds East, 981.82 feet along said easterly right-of-way of the Minneapolis and St. Louis Railway Company to the point of beginning of the land to be described; thence continuing North 43 degrees 23 minutes 00 seconds East, 1970.00 feet along said easterly right-of-way of the Minneapolis and St. Louis Railway Company; thence South 86 degrees 00 minutes 00 seconds East, 1101.63 feet; thence South 2 degrees 58 minutes 23 seconds West, 736.51 feet; thence South 80 degrees 00 minutes 00 seconds West, 112.82 feet; thence North 87 degrees 00 minutes 00 seconds West, 123.00 feet; thence North 2 degrees 00 minutes 00 seconds East, 113.00 feet; thence North 86 degrees 30 minutes 00 seconds West, 156.00 feet; thence South 5 degrees 00 minutes 00 seconds West, 154.00 feet; thence South 31 degrees 00 minutes 00 seconds West, 189.00 feet; thence South 48 degrees 30 minutes 00 seconds West, 292.00 feet; thence South 8 degrees 00 minutes 00 seconds West, 286.00 feet; thence South 83 degrees 00 minutes 00 seconds West, 453.00 feet; thence North 80 degrees 00 minutes 00 seconds West, 424.00 feet; thence South 79 degrees 00 minutes 00 seconds West, 353.00 feet; thence North 87 degrees 00 minutes 00 seconds West, 246.00 feet; thence North 63 degrees 30 minutes 00 seconds West, 223.00 feet to the point of beginning. ,u)49, FAIRFIELD EXHIBIT A Page 5 of 6 ZONING FROM RURAL TO R1-9.5 That part of the North half of the Northwest Quarter of Sect i o n 2 0 , Township 116, Range 22 and the North half of the Northeast Qua r t e r o f said Section 20 and the Southeast Quarter of the Northeast Quar t e r o f said Section 20; and the South half of the Southwest Quarter of S e c t i o n 17, Township 116, Range 22 and the South half of the Southeast Q u a r t e r of said Section 17 and the Northwest Quarter of the Southeast Qua r t e r o f said Section 17 described as follows; Commencing at the Southwest corner of the Northwest Quarter of th e Northeast Quarter of Section 20, Township 116, Range 22; thenc e South 89 degrees 35 minutes 18 second East, assumed bearing , 112.59 feet along the south line of said Northwest Quarter of th e Northeast Quarter to the point of beginning of the land to b e described; thence North 5 degrees 00 minutes 00 seconds We s t , 292.00 feet; thence North 18 degrees 00 minutes 00 seconds West, 297.40 feet; thence South 83 degrees 00 minutes 00 seconds We s t , 198.51 feet; thence North 80 degrees 00 minutes 00 seconds We s t , 424.00 feet; thence South 79 degrees 00 minutes 00 seconds We s t , 353.00 feet; thence North 87 degrees 00 minutes 00 seconds We s t , 246.00 feet; thence North 63 degrees 30 minutes 00 seconds We s t , 223.00 feet to the easterly right-of-way of the Minneapolis a n d St. Louis Railway Company; thence North 43 degrees 23 minutes 0 0 seconds East, 1970.00 feet along said easterly right-of-way of t h e Minneapolis and St. Louis Railway Company; thence South 86 degre e s 00 minutes 00 seconds East, 1101.63 feet; thence South 2 degr e e s 58 minutes 23 seconds West, 688.22 feet; thence South 89 degr e e s 00 minutes 08 seconds East, 795.90 feet to the centerline o f County Road No. 4 Plat 34 per Doc. No. 1227238 as recorded in t h e office of the Registrar of Titles; thence South 13 degrees 0 0 minutes 15 seconds East, 158.50 feet along said centerline; then c e along said centerline a distance of 468.76 feet along a tangenti a l curve concave to the northeast said curve has a radius of 2978 . 5 0 feet a central angle of 9 degrees 01 minutes 02 seconds and a chord of 468.28 feet which bears South 17 degrees 30 minutes 4 6 seconds East; thence South 79 degrees 00 minutes 00 seconds Wes t , 529.52 feet, not tangent to the last described curve; thence Nor t h 82 degrees 30 minutes 00 seconds West, 139.99 feet; thence South 3 degrees 00 minutes 00 seconds East, 185.69 feet; thence South 2 9 degrees 00 minutes 00 seconds East, 71.00 feet; thence South 4 6 degrees 00 minutes 00 seconds East, 182.00 feet; thence South 1 5 degrees 00 minutes 00 seconds East, 66.00 feet; thence South 3 7 degrees 00 minutes 00 seconds East, 56.00 feet; thence South 2 degrees 00 minutes 00 seconds East, 97.00 feet; thence South 1 9 degrees 00 minutes 00 seconds West, 72.90 feet; thence North 8 9 degrees 35 minutes 18 seconds West, 1412.03 feet along said sout h line of the Northwest Quarter of the Northeast Quarter to th e point of beginning. k3:3 EXHIBIT A Page 6 of 6 ZONING FROM RURAL TO R1-13.5 That part of the North half of the Northwest Quarter of S e c t i o n 2 0 , Township 116, Range 22 and the North half of the Northeast Quarter of said Section 20 and the Southeast Quarter of the Northeast Quarter of said Section 20; and the South half of the Southwest Quart e r o f S e c t i o n 17, Township 116, Range 22 and the South half of the Sout h e a s t Q u a r t e r of said Section 17 and the Northwest Quarter of the Southeast Quarter of said Section 17 described as follows; Commencing at the Southwest corner of the Northwest Quart e r of the Northeast Quarter of Section 20, Township 116, Range 22; thence South 89 degrees 35 minutes 18 seconds East assumed b e a r i n g , 1305.15 feet to the west line of the Southeast Quarte r o f t h e Northeast Quarter of said Section 20, Township 116, Rang e 2 2 a n d the point of beginning of the land to be described; thence South 1 degree 06 minutes 21 seconds East, 589.84 feet along sa i d w e s t line of the Southeast Quarter of the Northeast Quarter of S e c t i o n 20; thence South 57 degrees 32 minutes 51 seconds East, 5 5 6 . 3 9 feet; thence North 89 degrees 49 minutes 54 seconds East, 8 3 8 . 8 2 feet to the centerline of County Road No. 4, Plat 34 per Do c . . N o . 1227238 as recorded in the office of the Registrar of Titles; thence North 0 degrees 30 minutes 31 seconds East, 150. 5 9 f e e t along said centerline; thence continuing northwesterly o n s a i d centerline a distance of 365.25 feet along a tangential c u r v e concave to the southwest said curve has a radius of 698.70 feet a central angle of 29 degrees 57 minutes 06 seconds; t h e n c e continuing along said centerline tangent to the last des c r i b e d curve North 29 degrees 26 minutes 38 seconds West, 41.44 f e e t ; thence North 89 degrees 35 minutes 18 seconds West, 637.62 f e e t ; thence North 0 degrees 24 minutes 42 seconds East, 340.80 f e e t ; thence South 89 degrees 35 minutes 18 seconds East 442.00 f e e t t o said centerline of County Road No. 4; thence North 29 degr e e s 2 6 minutes 38 seconds West 146.18 feet along said centerline; t h e n c e along said centerline 263.38 feet along a tangential curve c o n c a v e to the northeast, said curve has a radius of 2289.18 f e e t a central angle of 6 degrees 35 minutes 32 seconds; thence a l o n g said centerline tangent to the last described curve No r t h 2 2 degrees 51 minutes 06 seconds West, 148.86 feet; thence alon g s a i d centerline North 22 degrees 50 minutes 15 seconds West , 2 1 3 . 5 5 feet; thence along said centerline 42.42 feet along s tang e n t i a l curve concave to the northeast, said curve has a radius o f 2 9 7 8 . 5 0 feet a central angle of 0 degrees 48 minutes 58 secon d s a n d a chord of 42.42 feet which bears North 22 degrees 25 mi n u t e s 4 6 seconds West; thence South 79 degrees 00 minutes 00 seconds West, 529.52 feet; thence North 82 degrees 30 minutes 00 seconds W e s t , 139.99 feet; thence South 3 degrees 00 minutes 00 seconds E a s t , 185.69 feet; thence South 29 degrees 00 minutes 00 seconds E a s t , 71.00 feet; thence South 46 degrees 00 minutes 00 secon d s E a s t , 182.00 feet; thence South 15 degrees 00 minutes 00 secon d s E a s t , 66.00 feet; thence South 37 degrees 00 minutes 00 secon d s E a s t , 56.00 feet; thence South 2 degrees 00 minutes 00 second s E a s t , 97.00 feet; thence South 19 degrees 00 minutes 00 secon d s W e s t , 72.90 feet; thence North 89 degrees 35 minutes 18 second s W e s t , 219.47 feet to the point of beginning. Fairfield Phases 2-6 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1989, by Centex Real Estate Corporation, a Nevada corporation, hereinaft e r r e f e r r e d t o a s "Developer," and the CITY OF EDEN PRAIRIE, a municipal corpora t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development D i s t r i c t Review, with waivers for street frontage and lot size on 11 8 . 2 a c r e s , w i t h underlying Zoning District Change from Rural to R1-9.5 on 82.7 acr e s a n d f r o m R u r a l to R1-13.5 on 33.6 acres, and Preliminary Plat of 118 acres into 2 9 9 s i n g l e f a m i l y lots, 28 outlots, and road right-of-way, situated in Hennepin C o u n t y , S t a t e o f Minnesota, more fully described in Exhibit A, attached hereto a n d m a d e a p a r t hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #59- 8 8 - P U D - 15-88, Developer covenants and agrees to construction upon, de v e l o p m e n t , a n d maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated , 1989, reviewed and approved by the City Council on December 15, 1988, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer acknowledges that the development of the property i s subject to the findings, conclusions, and recommendations of t h e Southwestern Eden Prairie Development Phasing Study, Summary Repor t , dated December, 1988, hereinafter "the Study." Developer acknowledges that there are capital improvements, i.e. sanitary sewer, watermain, streets, etc., required prior to development of certain lands included in the Study. Developer, therefore, agrees and acknowledges that the City, in its sole discretion, shall determine the capital improvements and utility extensions necessary for development within the Study area, the timing of such improvements and extensions, and the subsequent amount of land which shall be serviced by such improvements and extensions. Developer herein agrees to abide by such determination by the City. Specific phased capital improvements and utility extensions applicable to the property, excerpted from the Study, are attached hereto as Exhibit D, and hereby made a part hereof. Developer acknowledges that, from time to time, City may determine that it is necessary to review and amend the contents and conclusions of the Study. Any such review or amendment shall be at City's sole discretion. Developer further acknowledges that the construction of the capital improvements and utility extensions as described in the Study and as depicted in Exhibit D, attached hereto, will benefit the property. Therefore, prior to release by City of any final plat for any portion of the property, Developer agrees to execute a special assessment for Developer's fair share of the costs associated with installation and construction of any such improvements or extensions, as may be required by City. 4. Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, irrigation systems, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 5. Prior to issuance of any grading permit upon the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of, a tree replacement plan for 690 caliper inches of trees which are planned to be removed from the property due to construction on said property as approved by City. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, said tree replacement plan, in accordance with the tree replacement policy of the City, attached hereto as Exhibit E, and made a part hereof. 6. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 7. Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to obtain City approval of said measures. Developer agrees that said protective measures shall include, but not be 1 imited to: A. Grading shall be confined to that area of the property within the construction limits. B. Snow fencing shall be placed at the construction limits within the wooded areas of the property prior to any grading upon the property. C. City shall perform an on-site inspection of said protective measures on the property by the City. Developer shall contact City for said inspection. Developer agrees that defects in materials and workmanship in the implementation of said measures shall then be determined by the City. D. Defects in materials or workmanship, if any, shall be corrected by Developer. Developer agrees to call City for reinspection of the implementation measures, and to receive approval by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 8. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and obtain the Director's approval of a tree inventory of those trees within 25 ft. outside of the construction area, which are not planned to be removed by construction on the property as approved by City, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. 9. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall: A. Submit to the Director of Planning, and obtain the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Said plan shall indicate that the trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than three inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a diameter inch basis, according to a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. B. Prepare and submit to the Director of Planning, and obtain the Director's approval of a written estimate of the costs of the reforestation work to be completed. C. Submit a bond, or letter of credit, guaranteeing comp l e t i o n of all reforestation work as approved by the Directo r o f Planning. Developer agrees that the amount of the b o n d , o r letter of credit, shall be 150% of the approved e s t i m a t e d cost of implementation of all reforestation work a n d s h a l l be in such form and contain such other provisions a n d t e r m s as may be required by the Director of Planning. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those impro v e m e n t s l i s t e d above in said plans, as approved by the Director of Pl a n n i n g . 10. Concurrent with street and utility construction on t h e p r o p e r t y , Developer agrees to construct, or cause to be cons t r u c t e d , t h o s e trails and sidewalks depicted in Exhibit F, attach e d h e r e t o , a n d made a part hereof. Said trails and sidewalks shall b e c o n s t r u c t e d in accordance with the terms and conditions of Exhib i t C , a t t a c h e d hereto. City and Developer acknowledge that Developer is no t r e s p o n s i b l e f o r construction of the "proposed trail around pond" as d e p i c t e d i n s a i d Exhibit F, attached hereto. 11. Prior to issuance of any building permit within the c l u s t e r l o t a r e a depicted in Exhibit G, attached hereto, Developer s h a l l s u b m i t t o the Director of Planning, and obtain the Directo r ' s a p p r o v a l o f plans indicating the following: A. Overall street lighting, mail box location(s), and s i g n a g e . B. Overall development landscaping and fencing, including planned privacy fencing within individual clusters. C. Specific locations of all unit types on the p r o p e r t y , specifically keying housing designs to each indivu d i a l l o t within said cluster area. The housing designs s h a l l b e those depicted in Exhibit G, attached hereto and mad e a p a r t hereof, including Traditional, Country, French Tu d o r , a n d the Mix. 12. As part of Planned Unit Development #15-88, City h e r e i n g r a n t s waivers to the provisions and requirements of Chapter 1 1 , Z o n i n g , o f the City Code within the cluster area depicted i n E x h i b i t G , attached hereto: Allowance for access off private drive, instead of a p u b l i c street. Allowance for lots without street frontage Lot size of less than 9,500 sq. ft., but no less th a n 8 , 0 0 0 sq. ft., with average lot size of 10,550 sq. ft. For those lots within the cluster area which are fron t i n g o n a public street, waiver to allow no less than 53 ft. of frontage on a public street, but with an average frontage on the public street of 70 ft. Structure setbacks shall be as depicted in Exhibit B, attached hereto. Fairfield Phases 2-6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-196 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 59-88-PUD-15-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 59-88-PUD-15-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of September, 1989; 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. 59-88-PUD-15-88, 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. 59-88-PUD-15-88 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 September 5, 1989. Giry D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Fairfield Phases 2-6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 59-88-PUD-15-88 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: Summary: This Ordinance allows rezoning of land located west of C.S.A.H. #4, south of Scenic Heights Road, from the Rural District to the PUD-15-88- R1-90.5-R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available from the City Clerk.) Rill MEMORANDUM TO : PLANNING COMMISSION FROM: SCOTT A. KIPP, ASSISTANT PLANNER THRU: CHRIS ENGER, DIRECTOR OF PLANNING DATE: 25 AUGUST, 1989 RE : SIGN REQUEST - FESTIVAL CENTRE This memo is an update to the Planning Commission memorandum of August 24, 1 9 8 9 which is included in your packet regarding the Festival Centre sign request. T h a t memo, prepared by Jean Johnson, Zoning Administrator, addressed the Festival Cen t r e signage request in relation to City Code requirements. In addition, alternativ e s for a proposed signage program for the center was suggested which would meet Ci t y Code requirements. At the time of the memo the Planning Department had no t y e t received any information regarding a revised signage plan consistent with Code. On Friday, August 25, 1989, City staff met with the proponents to discuss t h e revised signage plan. This revised proposal indicates the removal of the "Festiv a l Centre" logo from the 40' marquee, and relocates it along the sign band area o f t h e colonnade consistent with City Code. The proponents have also indicated tha t a l l proposed letters for signage will be a maximum of 36" in height. It is still the intent of the proponents to provide all signage on the sout h a n d east elevations of the building. However, they wish to maintain the flexibili t y t o provide signage around the entire building based on allowable signage area per C o d e . Staff would recommend that the signage request be limited to the south and e a s t sides of the building, or, based on City Code for location on all sides o f t h e building. Granting a waiver to provide signage on two sides of the buildin g m a y invite additional sign requests on the remainder of the building at a later d a t e , which may violate maximum square footage allowed per City Code. When the Factory Outlet center was approved, a restrictive covenant was place d o n the property restricting signage to a 58' pylon and project identification sig n s a t each building entrance. Staff would recommend that a similar restrictive cove n a n t be used with this property, limiting the signs to one of the options requested, w i t h a provision that a change to the signage program could take place based on Plan n i n g Commission and City Council approval. Staff would recommend approval of the P.U.D. Concept Amendment, P.U.D. Distr i c t Review with waivers for F.A.R., parking setback, number of parking spaces, a n d transfer of wall signs from the north and west elevations to the south and e a s t elevations based on plans dated June 9, 1989, revised June 30, 1989, Staff Rep o r t dated July 7, 1989, Planning memos dated August 11, 1989, August 24, 1989 and Aug u s t 25, 1989, in addition to the following: 1. The proponent provide a restrictive covenant limiting the sign locations to the east and south elevations, with an option to transfer signs back to the north and east elevations based on approval by the Planning Commission and City Council in conformance with City Code. MEMORANDUM TO : PLANNING COMMISSION FROM: JEAN JOHNSON, ZONING ADMINISTRATOR THRU: CHRIS ENGER, DIRECTOR OF PLANNING DATE: AUGUST 24, 1989 RE : SIGN UPDATE ON FESTIVAL CENTRE REPORT OF 7-7-89 (ATTACHED, PP 4&5, SIGN REQUEST, 7-7-89 REPORT) Festival Centre's site is zoned C-Reg-Ser (Commercial Regional Service) and permits sales and service operations not typically found in the major shopping center zone of Regional Commercial. The Eden Prairie Center is the City's regional center on approximately 90 acres and having approximately 750,000 square feet of regional retail. The recent sign approval for the Eden Prairie Center limited sign height to 20 feet. Festival Centre's request to use the 40 foot high colonnade structure for a 'Festival Centre' sign does not conform to City Sign Code in the following areas: 1. Sign height is 40 feet, Code maximum is 20 feet. 2. Sign size is approximately 200 square feet, Code maximum is 80 square feet. 3. The sign is a 'roof-sign', Code prohibits roof-signs in all districts. The City Sign Code defines 'Roof-Sign' as a sign erected upon or projecting above the roof of a structure to which it is affixed. The prohibition of roof signs has been strongly supported by past commissions, council and staff. Approval of the Festival Centre 40 foot high roof sign will open the door for similar requests at other C-Reg-Ser sites in the City, i.e., Vantage's Crossroads Center, Prairie View Center, Lariat Center, Eden Glen Center, Eden Place Center, Menards Center, Eden Square Center, etc. All these centers presently have 20 foot high pylon signs and no roof signs. Last year, the Prairie Village Mall at Co. Road 4 and TH 5 underwent an exterior remodeling and used metal colonnades at the entrance doors. No signs were placed on these turquoise colonnades, yet the structure gives the center the eye-appeal they desired. Many alternatives exist for innovative 'eye-catching' signs that would create an image for Festival Centre and conform to City Code. Some of the alternatives are: A. Detach from the building the colonnades supporting the oval sign and reduce the height to a 20 foot maximum and 80 square feet. This sign could be placed near the building or at a 20 foot setback from the property line. B. Use a scroll design of the Festival Centre words on the wall of the building. This center identification could be larger than the 3 foot maximum letter height for tenant signs. C. Besides the 20 foot high 80 square foot freestanding sign outlined in Item #A, the center could locate two (2) 20 foot high 36 square foot sized signs upon the other 2 street frontages. D. Remove any signage from the structure and use its design alone to "catch the eye". Requests have been made to the applicant for sign detail on: Wall theatre marquee exact location, Festival Centre color and material for oval, illustration on how wall marquee and oval marquee will be affixed to the building wall, etc. Todate, plans have not been sent to staff for review. If the Planning Commission chooses to recommend approval of the 40 foot high sign staff recommends the sign structure be detached from the building so a precedent of granting a roof sign is removed. The approval then would still include variances from the Sign Code for height and size. Circumstances unique to this site or beneficial trade-offs should be identified in the recommendation of approval on the variances. Staff believes this center can develop the image and eye-catching impact they desire In signs while conforming to Sign Code regulations. JJ:mmr/FESTIVAL 0.0 Festival Centre -4- July 7, 1989 Site Lighting and Pedestrian Systems The proponent intends to utilize the e x i s t i n g s i t e l i g h t i n g c u r r e n t l y i n p l a c e . Additional fixtures will be installed n e a r t h e n e w c o l o n n a d e e n t r a n c e c o n s i s t e n t with City Code. Local pedestrian systems consist of and 8 f o o t w i d e b i t u m i n o u s t r a i l a l o n g t h e s o u t h side of Valley View Road and a 5 foot w i d e c o n c r e t e s i d e w a l k a l o n g t h e e a s t s i d e o f Plaza Drive. The proponent indicates c o n s t r u c t i o n o f a s i d e w a l k s u r r o u n d i n g t h e drop-off area near the main entry of th e b u i l d i n g . T h e p r o p o n e n t s h o u l d r e v i s e t h e plan to connect the sidewalk from the d r o p - o f f a r e a t o t h e p u b l i c s i d e w a l k a l o n g Plaza Drive. Sign Request The original factory outlet PUD requeste d o n e l a r g e p y l o n i n l i e u o f a n y w a l l s i g n s . The pylon is 58 feet high and 22 squar e f e e t i n s i z e . L a t e r , t h e o w n e r r e t u r n e d and requested four wall signs. Two wall s i g n s 2 6 ° h i g h a n d t w o w a l l s i g n s 2 0 " h i g h were approved. These signs are still on t h e f o u r w a l l s a n d r e a d " O U T L E T C E N T R E ' . City Sign Code for commercial districts a l l o w s w a l l s i g n s u p t o 1 5 % o f t h e w a l l a r e a when the wall does not exceed 500 squar e f e e t , o r a m a x i m u m o f 7 5 s q u a r e f e e t . W h e n the wall area exceeds 500 square feet, a d d i t i o n a l w a l l s i g n s a r e a l l o w e d a t 5 % o f the area beyond 500 square feet with a 3 0 0 s q u a r e f e e t m a x i m u m . T h e w a l l a r e a i s t o be computed individually for each tenan t b a s e d o n t h e e x t e r i o r w a l l o f t h e t e n a n t . A free standing sign no higher than 20 f e e t a n d n o l a r g e r t h a n 8 0 s q u a r e f e e t i s allowed for the first street frontage , p l u s a d d i t i o n a l 3 6 s q u a r e f e e t s i g n s f o r other street frontages. Through the PUD request, the developer i s r e q u e s t i n g t o l o c a t e a l l t e n a n t s i g n s o n the south and east walls instead of u p o n t h e w a l l t h e t e n a n t o c c u p i e s . N o f r e e standing sign is requested nor signs o n t h e n o r t h a n d w e s t w a l l s . T h e e x i s t i n g pylon sign is proposed to be removed. In a d d i t i o n , t h e p r o p o n e n t r e q u e s t s t o l o c a t e the theater marquee and additional sign a g e o n t h e m e t a l c o l o n n a d e e n t r y f e a t u r e . This colonnade extends to the maximum h e i g h t o f 4 0 f e e t f o r b u i l d i n g s w i t h i n t h e Commercial District. If it is utilized a s a s i g n , m a x i m u m h e i g h t a l l o w e d i s 2 0 f e e t with a sign area of 80 square feet. Th e s i g n p l a n s h o u l d b e r e v i s e d t o r e m o v e a l l signs proposed for the colonnade. If each wall utilized maximum wall sig n s b a s e d u p o n c o d e , ( 1 2 w a l l s ) a t o t a l o f 2 0 6 square feet of sign would be installed u p o n t h e f o u r e n d w a l l s w h i c h a r e 1 9 5 ' l o n g and 166 sq. ft. of sign upon the walls w h i c h a r e 1 4 5 ' l o n g , n o t t h e 3 0 0 s q u a r e feet listed in the brochure. (i.e.) Wall 16 ' x 1 9 5 ' = 3 , 1 2 0 s q u a r e f e e t , 7 5 s q u a r e f e e t sign for first 500 square feet + 2620 x . 0 5 = 1 3 1 s q u a r e f e e t , o r 7 5 + 1 3 1 s q u a r e feet = 206 square feet). The plans dated 6/9/89 illustrate 37 li n e a l f e e t o f s i g n s o n t h e s o u t h w a l l a n d 6 9 lineal feet of signs on the east wall. I t i s t h e i r d e s i r e t o h a v e a m a x i m u m o f 9 0 0 lineal feet if 48" letters are used or 1 , 2 0 0 l i n e a l f e e t i f 3 6 " l e t t e r s a r e u s e d . The proposal identifies the marquee fo r t h e t h e a t r e a t 4 2 0 s q u a r e f e e t , w i t h t h e remaining tentants shareing 3,180 squa r e f e e l o f s i g n . T h i s r e q u e s t e d t o t a l e x c e e d s the maximum sign area allowed by 1,448 s q u a r e f e e t . T h e s i g n p l a n s h a l l b e r e v i s e d to reduce the maximum sign area allowed p e r C o d e b y t h i s a m o u n t . Festival Centre -5- July 7, 1989 STAFF REVIEW Staff is concerned that a four foot high letter is out of proportion to the building height and is larger than needed to be readable. For comparison and discussion purpose, staff gathered sign information on the projects listed below. Sign Letter Height Wall Height Distance Readable Hampton Inn 30" 37' 1100' (TH5) A to Z Rental 14" NA 1150' (494) Pylon Outlet Centre 26" & 20" 16' 1300' + (494 & 5) TCBY Yogurt 36" 12' 1100' (TH5) Marquette Bank 36" 68' 1500' US 169/212 (Lunds) Rest. 36" 22' 1100' Pr. Ctr. Dr. First Bank E.P. 30" 38' 2500' (494) Staff believes a four foot tall letter on the buildings 16 foot wall height will be too much coverage and greater than needed to be readable. A maximum letter height of three feet would be more in proportion to the building height and be readable. The letter visibility chart used by sign companies, indicates a 36" letter is visible 1500 feet. The PUD request to transfer all tenant wall signs to the south and east elevations, will not serve tenants who will desire wall signs on the north and west walls which are visible to Valley View Road and Plaza Drive. Although the proposal specifies no wall signs for the north and west elevations, and no free standing sign, requests may be submittted in the future as tenants negotiate leases and PUD amendment applications may be filed for Commission and Council review. If the project is approved, and tenant signs are transferred to the south and east walls, staff recommends a maximum letter height of 36" and a maximum wall coverage of 300 square feet per wall. With three east facing walls and three south facing walls, a total of 1800 square feet of signs or approximately 970 lineal feet. The transfer of tenant wall signs to the east and south walls is contingent upon no north or west wall signs and no pylon sign as presented by the proponent. All signs are to be located within a uniform sign band area. This form of PUD sign approval would allow the applicant to transfer tenant signs to the south and east elevations, gain additional coverage upon the six south and east walls, and not restrict tenant sign size by the tenants wall area. The City would limit the letter size to 36" and accept the trade of no signs on the north and west walls or a freestanding sign. Traffic The 1985 Traffic Study for the Major Center Area indicates an allocation of 5,285 daily trips, with 391 p.m. peak trips for this site, based on the existing Factory Outlet Centre. The theater and retail uses proposed at this time will generate 5,829 daily trips and 559 p.m. peak trips. With the recommended reduction in theater seating as outlined above, the daily trips will be reduced to 5,781, with p.m. peak at 511 trips. MCI MEMO TO: Planning Commission FROM: Scott A. Kipp, Assistant Planner THROUGH: Michael D. Franzen, Senior Planner DATE: August 11, 1989 SUBJECT: Eden Prairie Entertainment Center (Festival Centre) This project, originally scheduled for the July 10, 1989 Planning Commission, was continued for thirty days so the proponent could justify the parking waiver request for theater parking at one space for every four seats. City Code requires one space for every three seats. Also, Staff suggested that the proponent meet to discuss and work out details for a signage request that Staff could support. PARKING On Thursday, Staff received information from the proponent which identified the peak times of use and the expected number of patrons for both the theater and restaurant. The information is as follows: Restaurant Use Peak hours - Friday - 5 p.m. to 9 p.m. Saturday - Noon to 4 p.m. and 5 p.m. to 9 p.m. Maximum Capacity - 300 seats Average Carload - 5 to 7 people Theater Use Peak Hours - Tuesday - 7 p.m. show/1,290 patrons 9 p.m. show/1,269 patrons Saturday - 7 p.m. show/746 patrons This information was based on a survey from a similar 8 screen second run movie theater and the Chuck-E-Cheese restaurant. Translating the information into required parking spaces at peak hour based on a worst case scenario for both theater and restaurant peaking on Tuesday evening indicates the need for 490 spaces. Based on City Code of one parking space for every three seats of theater or restaurant use, a total of 600 parking spaces would be required for these uses, which total 1800 seats. The survey information indicates that these combined uses would be short 110 spaces according to Code. The proponent is asking for a waiver through the P.U.D. to allow the theater to park at one space for every four seats which would be 125 spaces short of City Code based on both uses. Staff would recommend approval of a waiver for parking of 110 spaces based on the survey information for a second run movie theater and a Chuck-E-Cheese restaurant. Should any other restaurant and/or first run theater with higher parking demand wish to locate in this building, the amount of square footage possible will be based upon the available parking on site to City Code. :,Z 111 Memo Festival Centre Page 2 SIGNAGE The proponent has not submitted any revision to the signage plan as recommended in the July 7, 1989 Staff Report. Planning Staff recommends revisions to the signage plan in acccordance with the previous Staff Report. RECOMMENDATIONS Staff would recommend approval of the P.U.D. Concept Amendment and District Review with waivers on 16.2 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 16.2 acres and Site Plan Review of 16.2 acres based on plans dated June 9, 1989, revised June 30, 1989, Staff Report dated July 7, 1989, this Memo, and the following: 1. Prior to City Council review, proponent shall: A. Submit detailed information regarding the location and design of trash enclosure areas consistant in materials as the main structure. B. Indicate a 5 foot wide, 5 inch thick concrete sidewalk connecting the sidewalk around the main entrance to the existing sidewalk along Plaza Drive. C. Submit revised sign criteria based on a maximum of 36 inch high individual internally lit letters located within a uniform sign band area. Also remove all signs from the metal colonnade feature. 2. Prior to building permit issuance, proponent shall: A. Provide detailed erosion control plans for review by the City Engineer and the Watershed District. B. Provide detailed plans for the rooftop mechanical screening, additional site lighting, and material and color samples for the entry colonnade and celestry dome. C. Submit a bond for the landscaping improvements consistant with City Code. D. Submit plans for review by the Fire Marshal. 3. Concurrent with building improvements, construct the 5 foot wide concrete sidewalk connecting the main entrance to the sidewalk along Plaza Drive. 4. The waivers for F.A.R. and parking setback should be approved through the P.U.D. 5. The waiver for sign location and sign area should be approved through the P.U.D. based on the removal of the existing pylon sign, a maximum individual ).117 Memo Festival Centre Page 3 internally lit letter height of 36 inches, and the condition that no signs shall be allowed on the north and west building elevations. In addition, no future pylon sign shall be permitted. 6. The waiver for parking should be approved through the P.U.D. based on the parking survey resulting in a reduction of 110 spaces. Parking and traffic counts are based on information supplied at the time of this report. If future proposed uses within the structure indicate the need for additional parking and/or traffic generation beyond the site allocation, the proponent may be required to submit a traffic analysis and return to the Planning Commission and City Council for review. STAFF REPORT TO: Planning Commission Background Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning July 7, 1989 Eden Prairie Retail Development (aka Festival Ce n t r e ) East of Plaza Drive, south of Valley View Road Curt Johnson Properties Travellers Insurance I. P.U.D. Concept Amendment on 16.2 acres. 2. P.U.D. District Review on 16.2 acres with waiv e r s f o r F l o o r Area Ratio, parking setback, number of parking s t a l l s , s i g n area and location. 3. Zoning District Amendment within the C-Reg-Ser Zon i n g District on 16.2 acres. 4. Site Plan Rev'ew on 16.2 acres. r?.? FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: The Comprehensive Guide Plan depicts a Regional Commercial land use for this site and surrounding sites to the south and west. This site is bordered by Valley View Road to the north, #494 to the east and south, and Plaza Drive to the west. In 1983, the City Council approved a Planned Unit Development concept and zoned the property to C-Reg-Ser for the construction of the Factory Outlet Centre, consisting of 151,244 square feet of commercial wholesale uses at a Floor Area Ratio of 21.11. A waiver for parking was granted at 6.4 spaces per thousand square feet of building, or 968 spaces. The Factory Outlet Centre has been closed for approximately three years and is in need of landscaping improvements and maintenance. OFC C -REC C-REG PROPOSED SITE ')AREA LOCATION MAP Festival Centre 2 July 7, 1989 Site Plan The site plan depicts a revitalization of the existing Factor y O u t l e t b u i l d i n g w i t h some architectural improvements and the relocation of the so u t h e r l y d r i v e a i s l e t o be used for the main entry. The construction of two new ent r y f e a t u r e s w i l l a d d a small amount of square footage to the building bringing the t o t a l F . A . R . t o 2 1 . 5 % , which is slightly above the previous waiver granted at 21.1 % . C i t y C o d e a l l o w s a maximum F.A.R. of 20%. A total of 959 parking stalls currently occupy the site. T h e p r o p o s e d p a r k i n g p l a n is based on preliminary uses consisting of 10 movie theater s , t o t a l l i n g 1 , 5 0 0 s e a t s , and general retail. The parking required for these uses w o u l d b e 1 , 1 7 5 s p a c e s . A total of 1,076 parking stalls have been provided, of which 146 a r e d e s i g n a t e d p r o o f - of-parking. If the proof-of-parking plan required implement a t i o n , r e l o c a t i o n o f t h e existing parking islands, and construction of a retaining w a l l a l o n g P l a z a D r i v e would be necessary to meet parking setbacks and screening re q u i r e m e n t s . P.U.D. Concept Amendment and District Review An amendment to the Factory Outlet Centre P.U.D. has been r e q u e s t e d , c h a n g i n g t h e use of the structure from a wholesale outlet center to a c o m m e r c i a l r e t a i l a n d entertainment complex. This would include a 10 screen mov i e t h e a t e r . A s p a r t o f the request, the proponent is asking that waivers be grante d t h r o u g h t h e P . U . D . t o accommodate the proposed plan. The following waivers have be e n i d e n t i f i e d : 1. Structure F.A.R. 2. Parking setback. 3. Number of required parking stalls. 4. Sign location and area (See sign request). Because of two new entry features proposed for the struct u r e , a w a i v e r f r o m t h e previous 21.1% F.A.R. to 21.5% F.A.R. will be necessary. Thi s m i n i m a l i n c r e a s e m a y have merit since these added features will create a necessa r y f o c a l i n t e r e s t t o a rather plain structure. At the time of the original approval for this site, the plan i n d i c a t e d a l l p a r k i n g setbacks meeting City Code. When the parking lot was c o n s t r u c t e d a s e t b a c k encroachment took place along 20% of the Valley View Road fron t a g e f r o m 3 5 f e e t d o w n to 28 feet. A waiver for this existing parking setback condi t i o n w i l l be required through this approval. Valley View Road sits at a much high e r e l e v a t i o n t h a n t h e parking lot, and the upgraded landscaping plan provides f o r s c r e e n i n g o f t h e parking. The plan could be revised to meet Code by removing t h e s e p a r k i n g s t a l l s . However, since maximum parking is needed, the amount of stree t f r o n t a g e r e q u i r i n g a waiver is minimal, and the parking is screened, this waiver ma y h a v e m e r i t . A waiver for the number of theater parking stalls has b e e n r e q u e s t e d . C i t y C o d e requires parking for theaters based on one parking stall fo r e v e r y t h r e e s e a t s . T h e request asks for parking to be at one stall for every fo u r s e a t s . T o t a l p a r k i n g provided on site, including 146 proof-of-parking stalls is 1 , 0 7 6 s p a c e s . C i t y C o d e requires 1,175 spaces. The parking plan is short 99 spaces . The proponent indicates that the amount of parking ava i l a b l e o n s i t e f o r t h e intended uses will meet their needs. However, no documen t a t i o n o f p a r k i n g d e m a n d has been submitted which supports this. ai2( Festival Centre 3 July 7, 1989 Staff would recommend that the waiver not be granted at this time. The plan should be revised to indicate the reduction in the parking demand of 99 spaces. This can be accomplished through the reduction of 300 theater seats. This parking analysis has been based on information provided at the time of this report. The proponent has indicated an interest in some restaurant uses. Parking for restaurant uses is similar to theater parking, therefore, should restaurant uses be introduced, the need for additional parking may be necessary which could require a return to the Planning Commission and City Council for review. Grading, Drainage and Utilities Minimal site alteration will take place for this proposal, except for modifications to the entry drive and additional construction around the building to create parking stalls. Site drainage shall be maintained as exists with the exception of a short length of storm sewer for the proposed loading area. Relocation of two existing fire hydrants is proposed. Architecture A facelift of the building's exterior will take place to enhance the site for commercial use. The addition of a unified entrance, highlighted by a new colonnade feature will lead visitors into the central mall area of the building. An additional celestial metal and glass dome is to be located at the center of the building to create a natural lighting element and focal interest. In addition, new window openings are proposed along the east and southerly portions of the building to create additional views into the structure. The proponent has indicated the use of teal blue and rust as the colors for the colonnade and dome feature. All new rooftop mechanical equipment screening is proposed to be centralized over each wing of the building. These areas will be encompassed with pre-finished metal screening to be architecturally integral with the main structure. A small loading dock is proposed in the southwest corner of the building which is proposed to be screened by an existing stand of maturing evergreen trees along Plaza Drive. The existing Factory Outlet Centre utilized exterior trash enclosure areas screened by earthern mounds and retaining walls. The current proposal removes these enclosures and does not indicate where the new trash enclosures will be. Trash areas should be incorporated into the building, or located outside and screened with face brick enclosures and metal fronts to match the existing building. Landscaping Based on the building's square footage of 153,756 square feet, a total of 480 caliper inches of landscaping is required. The proposed landscaping plan accomplishes this by providing a total of 490 caliper inches consisting of existing healthy trees on site, replacement of dead plant material with new stock, and the incorporation of additional new stock in order to meet the minimum caliper inch requirement. As part of the landscaping proposal, the proponent plans to install an irrigation system throughout the property. This should greatly enhance the health and condition of the existing landscaping and will minimize the maintenance requirements for the proposed plantings. Festival Centre 4 July 7, 1989 Site Lighting and Pedestrian Sys t e m s The proponent intends to util i z e t h e e x i s t i n g s i t e l i g h t i n g c u r r e n t l y i n p l a c e . Additional fixtures will be in s t a l l e d n e a r t h e n e w c o l o n n a d e e n t r a n c e c o n s i s t e n t with City Code. Local pedestrian systems consis t o f a n d 8 f o o t w i d e b i t u m i n o u s t r a i l a l o n g t h e s o u t h Side of Valley View Road and a 5 f o o t w i d e c o n c r e t e s i d e w a l k a l o n g t h e e a s t s i d e o f Plaza Drive. The proponent in d i c a t e s c o n s t r u c t i o n o f a s i d e w a l k s u r r o u n d i n g t h e drop-off area near the main ent r y o f t h e b u i l d i n g . T h e p r o p o n e n t s h o u l d r e v i s e t h e plan to connect the sidewalk f r o m t h e d r o p - o f f a r e a t o t h e p u b l i c s i d e w a l k a l o n g Plaza Drive. Sign Request The original factory outlet PUD r e q u e s t e d o n e l a r g e p y l o n i n l i e u o f a n y w a l l s i g n s . The pylon is 58 feet high and 2 5 2 s q u a r e f e e t i n s i z e . L a t e r , t h e o w n e r r e t u r n e d and requested four wall signs. T w o w a l l s i g n s 2 6 " h i g h a n d t w o w a l l s i g n s 2 0 " h i g h were approved. These signs are s t i l l o n t h e f o u r w a l l s a n d r e a d " O U T L E T C E N T R E " . City Sign Code for commercial d i s t r i c t s a l l o w s w a l l s i g n s u p t o 1 5 % o f t h e w a l l a r e a when the wall does not exceed 5 0 0 s q u a r e f e e t , o r a m a x i m u m o f 7 5 s q u a r e f e e t . W h e n the wall area exceeds 500 squa r e f e e t , a d d i t i o n a l w a l l s i g n s a r e a l l o w e d a t 5 % o f the area beyond 500 square feet w i t h a 3 0 0 s q u a r e f e e t m a x i m u m . T h e w a l l a r e a i s t o be computed individually for ea c h t e n a n t b a s e d o n t h e e x t e r i o r w a l l o f t h e t e n a n t . A free standing sign no higher t h a n 2 0 f e e t a n d n o l a r g e r t h a n 8 0 s q u a r e f e e t i s allowed for the first street f r o n t a g e , p l u s a d d i t i o n a l 3 6 s q u a r e f e e t s i g n s f o r other street frontages. Through the current PUD request , t h e d e v e l o p e r i s r e q u e s t i n g t o l o c a t e a l l t e n a n t signs on the south and east wal l s i n s t e a d o f u p o n t h e w a l l t h e t e n a n t o c c u p i e s . N o signs are proposed on the north a n d w e s t w a l l s . T h e e x i s t i n g p y l o n s i g n i s p r o p o s e d to be removed. In addition, th e p r o p o n e n t r e q u e s t s t o l o c a t e t h e t h e a t e r m a r q u e e and additional signage on the metal c o l o n n a d e e n t r y f e a t u r e . T h i s c o l o n n a d e e x t e n d s to the maximum height of 40 f e e t f o r b u i l d i n g s w i t h i n t h e C o m m e r c i a l D i s t r i c t . I f it is utilized as a sign, maxim u m h e i g h t a l l o w e d i s 2 0 f e e t w i t h a s i g n a r e a o f 8 0 square feet. The sign plan shou l d b e r e v i s e d t o r e m o v e a l l s i g n s p r o p o s e d f o r t h e colonnade. If each wall utilized maximum w a l l s i g n s b a s e d u p o n c o d e , ( 1 2 w a l l s ) a t o t a l o f 2 0 6 square feet of sign would be in s t a l l e d u p o n t h e f o u r e n d w a l l s w h i c h a r e 1 9 5 ' l o n g , and 166 sq. ft. of sign upon th e r e m a i n i n g e i g h t w a l l s w h i c h a r e 1 4 5 ' l o n g , n o t t h e 300 square feet listed in the b r o c h u r e . ( i . e . ) W a l l 1 6 ' x 1 9 5 ' = 3 , 1 2 0 s q u a r e f e e t , 75 square feet sign for first 5 0 0 s q u a r e f e e t + 2 6 2 0 x . 0 5 = 1 3 1 s q u a r e f e e t , o r 7 5 + 131 square feet = 206 square f e e t ) . The plans dated illustrate 37 li n e a l feet of signs on the south wall and 69 lineal feet of signs on the east wall. I t i s t h e i r d e s i r e t o h a v e a m a x i m u m o f 9 0 0 l i n e a l feet if 48" letters are used o r 1 , 2 0 0 l i n e a l f e e t i f 3 6 " l e t t e r s a r e u s e d . T h e proposal identifies the marqu e e f o r t h e t h e a t r e a t 4 2 0 s q u a r e f e e t , w i t h t h e remaining tenants sharing 3,180 s q u a r e f e e t o f s i g n . T h i s r e q u e s t e d t o t a l e x c e e d s the maximum sign area allowed b y 3 4 , A r s q u a r e f e e t . T h e s i g n p l a n s h a l l b e r e v i s e d to reduce the maximum sign area a l l o w e d p e r C o d e b y t h i s a m o u n t . 22 3 Festival Centre 5 July 7, 1989 STAFF REVIEW Staff is concerned that a four foot high letter is out of proportion to t h e b u i l d i n g height and is larger than needed to be readable. For comparison and discussion pprpose, staff gathered sign infor m a t i o n o n t h e projects listed below. Sign Letter Height Wall Height, Distance Readable Hampton Inn 30" 37 1100' (TH5) A to Z Rental 14" NA 1150' (494) Pylon Outlet Centre 26" & 20" 16' 1300' + (494 & 5) TCBY Yogurt 36" 12' 1100' (TH5) Marquette Bank 36" 68' 1500' US 169/212 (Lunds) Rest. 36" 22' 1100' Pr. Ctr. Dr. First Bank E.P. 30" 38' 2500' (494) Staff believes a four foot tall letter on the buildings 16 foot wall h e i g h t w i l l b e too much coverage and greater than needed to be readable. A maximum l e t t e r h e i g h t of three feet would be more in proportion to the building height and be r e a d a b l e . The letter visisbility chart used by sign companies, indicates a 3 6 " l e t t e r i s visible 1500 feet. The PUD request to transfer all tenant wall signs to the south and eas t e l e v a t i o n s , will not serve tenants who will desire wall signs on the north and wes t w a l l s w h i c h are visible to Valley View Road and Plaza Drive. Although the proposal s p e c i f i e s n o wall signs for the north and west elevations, and no free standing si g n , r e q u e s t s may be submitted in the future as tenants negotiate leases and Ph D a m e n d m e n t applications may be filed for Commission and Council review. If the project is approved, and tenant signs are transferred to the so u t h a n d e a s t walls, staff recommends a maximum letter height of 36" and a maximum w a l l c o v e r a g e of 300 square feet per wall. With three east facing walls and three s o u t h f a c i n g walls, a total of 1800 square feet of signs or approximately 970 linea l f e e t . T h e transfer of tenant wall signs to the east and south walls is conting e n t u p o n n o north or west wall signs and no pylon sign as presented by the proponen t . A l l s i g n s are to be located within a uniform sign band area. This form of PUD sign approval would allow the applicant to transfer t e n a n t s i g n s t o the south and east elevations, gain additional coverage upon the six s o u t h a n d e a s t walls, and not restrict a tenant's sign size by the tenants wall are a . T h e C i t y would limit the letter size to 36" and accept the trade of no signs o n t h e n o r t h a n d west walls or a freestanding sign. Traffic The 1985 Traffic Study for the Major Center Area indicates an alloc a t i o n o f 5 , 2 8 5 daily trips, with 391 p.m. peak trips for this site, based on the ex i s t i n g F a c t o r y Outlet Centre. The theater and retail uses proposed at this time w i l l g e n e r a t e 5,829 daily trips and 559 p.m. peak trips. With the recommended r e d u c t i o n i n theater seating as outlined above, the daily trips will be reduced t o 5 , 7 8 1 , w i t h p.m. peak at 511 trips. :42.4 Festival Centre 6 July 7, 1989 A 1988 MCA Traffic Study Update indicates a daily allocation of 7 , 0 4 9 t r i p s f o r t h i s site, with p.m. peak at 522 trips. Using this updated traff i c i n f o r m a t i o n , t h e proposed uses as outlined do not exceed the allowable trip gener a t i o n s . As stated earlier, the proponent has indicated interest in res t a u r a n t u s e s . T r a f f i c generation for restaurant uses is significantly higher than ge n e r a l r e t a i l a n d m a y warrant re-evaluation of the traffic generation. Should these u s e s b e p r o p o s e d i n the future, a detailed traffic analysis may be required. This a n a l y s i s m a y i n d i c a t e a reduction in traffic based on shared trips between uses. Shou l d a f u t u r e a n a l y s i s indicate traffic generations exceeding the 1988 study, a ret u r n t o t h e P l a n n i n g Commission and City Council may be required. Summary Staff is comfortable with the site plan and architectural revisi o n s p r o p o s e d f o r t h e existing property. Three issues concerning Staff regard par k i n g , t r a f f i c , a n d signs. A waiver for theater parking at one space for every four seats is n o t r e c o m m e n d e d a t this time. No substantiation for this rate has been submitted w h i c h w a r r a n t s t h i s waiver. Rather, the plan should be revised to reduce the number o f t h e a t e r s e a t s b y 300 to meet parking available. The 1988 Major Center Area Traffic Study Update indicates t h a t t h e p r o p o s e d t r i p generation will not exceed the allocation for this site . T h e p r o p o n e n t h a s indicated interest in future rcstaurant uses which generates t r a f f i c a t a h i g h e r rate than general retail. Should the proponent incorporate resta u r a n t u s e s i n t o t h e site, a traffic analysis may be required to demonstrate that the t r a f f i c g e n e r a t i o n is consistent with the generation allocated for the site in th e 1 9 8 8 T r a f f i c S t u d y . All signs proposed for this building should not exceed a letter h e i g h t o f 3 6 i n c h e s . Letter visibility charts used by sign companies indicate lett e r s o f t h i s s i z e a r e visible at 1,500 feet. If all signs are allowed on the east a n d s o u t h s i d e s o f t h e building, no signs should be permitted along the north and we s t w a l l s a n d n o p y l o n sign should be allowed as presented by the proponent. In a d d i t i o n , a l l s i g n s proposed on the metal colonnade shall be removed. Recommendations Staff would recommend approval of the P.U.D. Concept Amendment a n d D i s t r i c t R e v i e w with waivers on 16.2 acres, Zoning District Amendment within t h e C - R e g - S e r Z o n i n g District on 16.2 acres and Site Plan Review of 16.2 acres based o n p l a n s d a t e d J u n e 9, 1989, revised June 30, 1989, this Staff Report dated Ju l y 7 , 1 9 8 9 , a n d t h e following: 1. Prior to City Council review, proponent shall: A. Revise the building plan to indicate a reduction in theater se a t i n g from 1,500 to 1,200 seats in order to accomodate available park i n g . B. Submit detailed information regarding the location and desig n o f trash enclosure areas consistant in materials as the main struc t u r e . Festival Centre 7 July 7, 1989 C. Indicate a 5 foot wide, 5 inch thick concrete sidewalk connecting the sidewalk around the main entrance to the existing sidewalk along Plaza Drive. D. Submit revised sign criteria based on a maximum of 36 inch high individual internally lit letters, located within a uniform sign band area. Also remove all signs from the metal colonnade feature. 2. Prior to building permit issuance, proponent shall: A. Provide detailed erosion control plans for review by the City Engineer and the Watershed District. B. Provide detailed plans for the rooftop mechanical screening, additional site lighting, and material and color samples for the entry colonnade and celestry dome. C. Submit a bond for the landscaping improvements consistant with City Code. D. Submit plans for review by the Fire Marshal. 3. Concurrent with building improvements, construct the 5 foot wide concrete sidewalk connecting the main entrance to the sidewalk along Plaza Drive. 4. The waivers for F.A.R. and parking setback should be approved through the P.U.D. 5. The waiver for sign location and sign area should be approved through the P.U.D. based on the removal of the existing pylon sign, a maximum individual internally lit letter height of 36 inches, and the condition that no signs shall be allowed on the north and west building elevations. In addition, no future pylon sign shall be permitted. 6. The waiver for theater parking at one stall for every four seats should not be approved. 7. Parking and traffic counts are based on information supplied at the time of this report. If future proposed uses within the structure indicate the need for additional parking and/or traffic generation beyond the site allocation, the proponent may be required to submit a traffic analysis and return to the Planning Commission and City Council for review. ;_12 6 Planning Commission Minutes 7 July 10, 1989 could be Justified for the area, how was the City of Eden Prairie progressing toward a balance of development, and how many more R1-9.5 developments did the City want to approve. Anderson stated that his concern was the number of R1 -9.5 lots with R1-13.5 homes constructed on them. Ruebling understood that based on the infrastructure the City had approved, projects had already been approved by the City Council to cover the 250 unit limit set by the Southwest Area Study. Uram replied that at this time only 1 house had been constructed in the approved Cheyenne Place subdivision and only 2 houses in the Fairfield subdivision. Ruebling then asked if the numbers of units was going to be controlled by the issuance of building permits. Franzen replied that the control of the number of units would be through the Final Platting process. Anderson noted that no totlots had been provided for the subdivision and that a sidewalk system would not be available in all directions. Bye concluded that the following issues needed to be resolved: 1. The proponent provide a good defense for the MUSA Line change. 2. The projects relationship to the Southwest Area Study be specifically defined. 3. Specific requirements of the project be addressed after issues 1 and 2 had been resolved. MOTION: Dodge moved, seconded by Fell to continue the public hearing to the August 14, 1989, Planning Commission meeting pending City receipt and evaluation of revisions to the plans as discussed at this meeting. D. EDEN PRAIRIE RETAIL DEVELOPMENT (FESTIVAL CENTRE), by curt Johnson Properties. Request for Planned Unit Development Concept Amendment and Planned Unit Development District Review on 16.2 acres with waivers. Zoning District Amendment within the C-Reg-Ser Zoning District on 16.2 acres and Site Plan Review on 16.2 acres for development of a 153,756 square foot commercial retail and entertainment complex. Location: East of Plaza Drive and south of Valley View Road. A public hearing. The proponent had submitted a written request for a 30 -day continuance. 21'21 Planning Commission minutes 8 July 10, 1989 MOTION: Anderson moved, seconded by Fell to continue this item to August 14, 1989. Motion carried 6-0-0. E. LAMETTRY CENTER, by Richard A. LaMettry. Request for Zoning District Change from Rural to C-Regional Service on 1.88 acres, Site Plan Review, and Preliminary Plat of 1.88 acres into 1 lot for construction of a 32,698 square foot auto body repair facility. Location: West of Plaza Drive, southeast of Menards. A public hearing. Richard Latiettry, proponent, stated that he was a resident of Eden Prairie and intended to be the sole operator of the facility, leasing space to two tenants. He added that he operated an auto body shop in Richfield for approximately 15 years and wished to move the business to Eden Prairie. The proposal was for an upscale collision facility. John Smith, architect for the proponent, stated that design had been a critical part of the project. The first problem had been where to store the vehicles while they were being worked on. A lower level was, therefore, Installed to store the vehicles. The second problem was how to give the facility a retail appearance. A canopy was proposed for the front face of the facility which tied to a stair tower penthouse where the office for the business would be housed. smith stated that twice the recommended amount of landscaping was being proposed. Smith believed that the finished design was beyond that of a typical retail business. Sandstad asked what the on-site parking spaces would be used for. Uram replied that the parking would be used for employees, visitors, and customers stopping in to receive estimates. Fell was concerned that the lower level would be used for work areas, reducing the parking space available inside and then the cars would be parked outside. LaMettry replied that the cars were either being worked on or returned to the owner. There would not be cars sitting around. LaMettry added that the parking area did not encompass the entire lower level and areas could be used to work on cars if necessary. Uram replied that the parking requirements were based on the possibility of the property turning over to 100% retail. Uram added that outside storage of the vehicles would be prohibited by City Code. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-194 A RESOLUTION APPROVING THE FESTIVAL CENTRE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL FACTORY OUTLET CENTER PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Festival Centre development is considered a proper amendment to the overall Factory Outlet Center Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Curt Johnson Properties for PUD Concept Amendment approval to the overall Factory Outlet Center Planned Unit Development Concept for the Festival Centre development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on September 5, 1989; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Festival Centre development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Factory Outlet Center Planned Unit Development Concept as outlined in the application materials for Festival Centre. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated August 28, 1989. ADOPTED by the City Council of Eden Prairie this 5th day of September, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk R I r r" PROPOSED SITE AREA LOCATION MAP STAFF REPORT TO: Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning August 11, 1989 Cardinal Creek 3rd Addition Lots 6, 7, and 8, Block 2, Cardinal Creek 3rd Addition FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: GAC Partners REQUEST: Zoning District Change from R1-13.5 to RM-6.5 on 1.21 acres. Background This property is part of Cardinal Creek 3rd Addition, zoned RM-6.5 in 1982 for construction of 17 duplex units. In 1983, Lot 1, Block 1 and Lot 17, Block 2 were rezoned to RI- 13.5 for single family construction, due to their relative closeness to existing single family homes and that the frontage lots along Cardinal Creek Road are were all single family. In October of 1988, the proponent received rezoning approval from RM-6.5 to R1-13.5 for Lots 1, 6, 7, and 8, Block 2. Because of the difficulty in marketing the lots, the proponent is requesting that Lots 6, 7, and 8, Block 2 be rezoned from R1-13.5 back to RM-6.5 for construction of three duplex units. Development Plan The three lots were platted for duplex units back in 1982, meeting City Code requirements. At the time of the this approval, a variance was granted for front yard setbacks from Stonewood Court to 25 feet to protect additional vegetation on site. Since this request is to rezone the property back to RM-6.5, Cardinal Creek 3rd Addition 2 August 11, 1989 and that the original variance had no expiration date the 25 foot front yard setback would still be valid and not require additional review by the Board of Appeals. All site grading has been completed for these lots and are currently ready for development. The architecture for this development varies, however, the proponent should construct housing that would be comparable in value to existing structures in the neighborhood. Recommendations Staff would recommend approval of the rezoning request from R1-13.5 to RM-6.5 based on plans Staff dated July 18, 1989, and subject to the following: 1. Prior to building permit issuance pay the Cash Park Fee. 2131 AREA LOCATIONIAA15.t ',21?"). STAFF REPORT TO: Planning Commission FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Background Donald R. Uram, Assistant Planner Chris Enger, Director of Planning August 11, 1989 Eden Prairie Rental Center Southwest corner of Valley View Road and Plaza Drive A to Z Rental 1. Site Plan Review on 1.67 acres. This site is the current location of the A to Z Rental building which was reviewed and approved by the Planning Commission and City Council in April, 1988. In response to a potential lease for Phase III, a series of changes to the approved building plans have been proposed by the owner. The Site Plan Review ordinance requires Planning Commission and City Council review of significant plan changes. The Planning Commission decided at the July 24, 1989, meeting that the proposed changes were significant and would require review. Site Plan The original development depicted a three phase building proposal containing approximately 15,500 square feet. Phase I has been constructed and is the current location of A to Z Rental. Phases II and III will be constructed as part of the current proposal. Phase II consisted of a two-story structure containing 2,817 square feet on both the upper and lower levels, while Phase III depicted a 1,105 square foot retail building. A to Z Rental 2 August 11, 1989 The current proposal depicts a two-story building throughout and will include a hase III of 4,140 square feet on the upper level and 4,140 square feet on the lower level. A total of 21,014 square feet is proposed as compared to 15,839 square feet on the approved plan. The current Base Area Ratio (B.A.R.) is calculated at 14.5% and the Floor Area Ratio (F.A.R.) at 28.8%. The proposed building meets the minimum setback and building requirements in the C-Reg-Ser Zoning District. A variance for a zero lot line rear yard setback to parking has been approved in order to allow for parking along the rear of the building. Based on a use designation of 10,557 square feet of retail space and 10,457 square feet for warehouse space, a total of 70 parking stalls are required. The plans depict a total of 71 parking stalls on site. Due to the location of outside storage for A to Z and the buildings loading docks, approximately 16 of these parking spaces are not useable. If additional parking is required, a reduction in outdoor storage will be necessary. Grading/Utilities The proposed plan has been designed to allow for the construction of a two-story building. This includes a cut of approximately thirteen feet along the rear of Phase III. No other grading is required. The previous plan depicted a 2 - 4 foot berm along the south property line designed to help screen the outside storage area. This berm has not been installed. Prior to building permit issuance, the berm shall be installed per the approved plans dated March 15, 1988. To futher help screen the existing outside storage area, the parking lot should also be lowered approximately 2 feet. iter, sanitary sewer, and storm sewer is available to the site. landscaping In order to help screen the parking and loading areas along the north property line, Staff recommends the addition of six and eight foot evergreens within the 10 foot setback area. (See Attachment A) Architecture The changes to the proposed building includes the introduction of a two-story element for Phase III as well as an enclosed loading dock. The primary building materials will be face brick and rock face block to match the existing materials. All overhead doors shall be painted to match the existing brick colors. Any proposed signage shall be consistent with that on the existing building. Staff Recommendations Staff would recommend approval of the request for Site Plan Review on 1.6 acres based upon plans dated August 2. 1989 and subject to the Staff Report dated August 11, 1989 subject to the following conditions: 1. Prior to Council review, proponent shall revise the landscape plan to depict the equal combination of six and eight foot coniferous trees along the north property line in order to help screen the loading areas and overhead doors. (See Attachment A) 13'3 A to Z Rental 3 August 11, 1989 Prior to building permit issuance, proponent shall: A. Complete the berm along the south property line as per the approved plans dated March 15, 1988. B. Complete the installation of the 5 foot concrete sidewalk along the west side of Plaza Drive. 3. Concurrent with building construction, proponent shall provide bituminous paving and curb and gutter for the entire parking area, including the existing A to Z parking lot. 3. All building signage shall be consistent with the existing signs including size, color, and letter style. t.1 •A MEMO TO: FROM: THROUGH: DATE: RE: Planning Commission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning July 20, 1989 A to Z Rental The A to Z Rental project was approved April 18, 1988. T h e p r o p o n e n t i n r e s p o n s e t o a potential lease for Phase III of the project has pro p o s e d a s e r i e s o f c h a n g e s t o the approved building plans. The changes to the plans a r e a s f o l l o w s : 1. The building square footage has increased from 15,839 s q u a r e f e e t t o 1 9 , 7 4 4 square feet or a 24.6% increase. This change is due t o t h e p r o p o s e d t w o story Phase III building as compared to single story whi c h w a s a p p r o v e d . 2. The Base Area Ratio has increased from 13% to 13.6%. 3. The Floor Area Ratio has increased from 21.7% to 27%. 4. The number of required parking stalls has increased f r o m 6 2 s p a c e s t o 7 0 spaces. This figure is based on 9,922 square feet of re t a i l s p a c e and 9,822 square feet of service space. If the use were to chang e t o 1 0 0 % r e t a i l o r office, a total of 119 spaces or 99 spaces would be requ i r e d r e s p e c t i v e l y . In detail, the changes to the plans include an increa s e i n t h e b u i l d i n g s i z e b y 3,905 square feet and an increase in on-site parking b y 1 0 s p a c e s . T h e c u r r e n t proposal is for a two story building with the lower lev e l d e s i g n a t e d a s w a r e h o u s e for the proposed tenant which is Eden Prairie Applia n c e . A d d i t i o n a l l y , t h e p l a n s depict an increase in the amount of grading on this s i t e w h i c h i n c l u d e s a cut of approximately 11 feet towards the rear of the build i n g . T h e P l a n n i n g C o m m i s s i o n minutes dated February 22, 1988 indicated a concern r e g a r d i n g t h e s c r e e n i n g o f t h e outside storage area for A to Z Rental from Valley View R o a d . T h e p r o p o n e n t s t a t e d that this would be accomplished by a grade difference b e t w e e n V a l l e y V i e w R o a d a n d the proposed outdoor storage of approximately 12 fe e t . B a s e d u p o n t h e s u b m i t t e d plans, this grade difference would be removed and view s t o t h e r e a r o f t h e b u i l d i n g may be evident. This concern was also raised in th e C i t y C o u n c i l m i n u t e s d a t e d March 15, 1988. Other changes to the plans include the addition of a n o u t d o o r s t o r a g e d o c k a n d approximately 375 square feet of additional outsid e s t o r a g e . C i t y C o d e C h a p t e r 11.03, Subd. 2, I. 3. (A) states that "all docks s h a l l b e l o c a t e d w i t h i n t h e perimeter of the structure housing the principal or a c c e s s o r y u s e a n d s h a l l b e completely enclosed". A variance will be required for t h e o u t d o o r l o a d i n g d o c k a s indicated on the proposed plans. In addition, a varia n c e w i l l b e r e q u i r e d f o r t h e outdoor storage area. City Code Chapter 11.03, Sub d . 2 , J . 2 . s t a t e s t h a t " i n districts N-Corn, C-Corn, C-Reg, C-Reg-Ser, C-Hwy and 1- G e n , a l l m a t e r i a l s , s u p p l i e s , merchandise or other similar matter not on display for d i r e c t s a l e , r e n t a l , o r l e a s e to the ultimate consumer or user shall be stored within a completel y e n c l o s e d building within all Commercial Districts, and within the confines of sc r e e n i n g a s required by the performance standards of this Chapter". It is Staff's und e r s t a n d i n g the outdoor storage area will be similar to that which currently exist s a t E d e n Prairie Appliance. Ordinance #1-89 (Site Plan Review Ordinance) states that: "No building pe r m i t s h a l l be issued for the construction of an alteration or enlargement of a (i) bu i l d i n g o r structure situated within any District, except, (a) those within the Rural D i s t r i c t or One-Family Residential Districts, and (b) duplexes (dwellings desig n e d f o r o r occupied by two families), or (ii) building or structure constituting a p u b l i c facility and service, including but not limited to Rural and One-Family Re s i d e n t i a l Districts, unless it shall conform to a Site Plan and Architectural D e s i g n a s described in C. hereof, or an amendment thereof, which has been approv e d b y t h e Council and such approval is effective as hereinafter provided. The Di r e c t o r o f Planning may determine that an alteration or enlargement of a building or s t r u c t u r e Is minor and does not require conformance with an approved Site P l a n a n d Architectural Design or an amendment thereof, provided however, if the D i r e c t o r shall not make such a determination an owner of the land on which the bui l d i n g o r structure intended to be altered or enlarged is situated may request the Co u n c i l t o make such determination." Due to the changes to the plans and with the identified variances which w o u l d b e required, Staff does not feel that the changes are minor and has indicate d t o t h e proponent that review per the Site Plan Review Ordinance is required. B e c a u s e o f this, the proponent has requested that the Planning Commission make the dec i s i o n a s to whether the proposed changes to the plans are significant and would requ i r e b o t h Planning Commission and City Council review. 2I/1 VAC 89-11 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-191 VACATION OF UTILITY AND DRAINAGE EASEMENTS IN PART OF DONNAYS ROUND LAKE ESTATES 2ND ADDITION WHEREAS, the City of Eden Prairie has certain utility and dra i n a g e e a s e m e n t s described as follows: All utility and drainage easements as shown over Lots 3, 5, 6 , 1 3 and 14, Block 3 of the record plat of Donnays Round Lake Est a t e s 2 n d Addition on file in the office of the County Recorded, Hennep i n C o u n t y , Minnesota. WHEREAS, a public hearing was held on SEPTEMBER 5, 1989, after d u e n o t i c e w a s published and posted as required by law; WHEREAS, it has been determined that the said utility and dr a i n a g e e a s e m e n t s are not necessary and have no interest to the public, ther e f o r e , s h o u l d b e vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Counc i l a s f o l l o w s : 1. Said utility and drainage easements as above described are h e r e b y vacated. 2. The City Clerk shall prepare a Notice of Completion o f t h e proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on SEPTEMBER 5, 1989 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 2133 VAC 89-12 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-192 VACATION OF TEMPORARY EASEMENTS FOR EMERGENCY VEHICLE INGRESS AND EGRESS IN CEDAR RIDGE ESTATES WHEREAS, the City of Eden Prairie has a certain temporary easement described as follows: A temporary easement, recorded as Document Number 2007559 in the office of the Registrar of Titles, Hennepin County, Minnesota, for emergency vehicle ingress and egress over, upon and across that part of Lot 3, Block 4, Cedar Ridge Estates, Hennepin County, Minnesota lying ten (10) feet on either side of the following described line: Commencing at the Southeast corner of said Lot 3; thence northerly along the easterly boundary of said Lot 3 a distance of fifty (50) feet to the point of beginning of said line; thence westerly parallel to the southerly boundary of said Lot 3 and there terminating. WHEREAS, a public hearing was held on SEPTEMBER 5, 1989, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said temporary easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said temporary easements as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on SEPTEMBER 5, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk SEPTEMBER 5.1989 575.00 53302 APPLE RIVER CAMPGROUND TEEN VOLUNTEER PROGRAM/FEES PAID 31.00 53303 COMMISSIONER OF REVENUE PAYROLL 8-4-89 11940.74 5'7 '4 FIRST BANK EDEN PRAIRIE PAYROLL 8-4-89 57748.59 5 3 PREMIER CAR RENTAL -CAR RENTAL-TEEN VOLUNTEER PROGRAM/FEES 492.00 35.61 672.00 1306.49 47.35 1032.85 53307 NORTHERN STATES POWER COMPANY SERVICE 2435.52 53308 U S WEST COMMUNICATIONS SERVICE 586.46 53309 VIKING CHEVROLET CO 1989 CHEVROLET 494 BLAZER-POLICE DEPT 15602.26 53310 PLASTICS RECYCLING CONFERENCE CONFERENCE-COUNCILMEMBER 125.00 53311 ICMA CONFERENCE CONFERENCE-ADMINISTRATION 430.00 53:12 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 42.02 53313 JAMES MATSON EXPENSES-POLICE DEPT 500.00 53314 MINNESOTA DEPARTMENT OF HEALTH SCHOOL-WATER DEPT 70.00 53315 NANCY BROWNE REFUND-SWIMMING LESSONS 20.00 53316 NANCY CAUDILL REFUND-SWIMMING LESSONS 17.00 53317 ANNE FORENZANO REFUND-SWIMMING LESSONS 22.00 53318 LYNNE FORSTER REFUND-SAILING LESSONS 16.00 5:319 ROBIN FRIEDLANDER REFUND-MEMBERSHIP FEE 121.50 53320 NICOLE HEINZ REFUND-SWIMMING LESSONS 17.00 53321 CONSTANCE JOHNSON REFUND-DAY CAMP 45.00 53322 ANN KALIN REFUND-TWINS DAY 7.00 53723 CATHERINE KELLY REFUND-SWIMMING LESSONS 22.00 50324 CARL LANDBERG REFUND-SWIMMING LESSONS 7.50 53325 JANICE MOONEY REFUND-GOLF LESSONS 15.00 57326 PHILLIP PHAN REFUND-BASKETBALL LEAGUE 5.00 53:77 LORI WALTERSTORFF REFUND-SKATING LESSONS 15.37 5' BEER WHOLESALERS INC BEER 4317.55 DAY DISTRIBUTING CO BEER 9003.65 53330 EAST SIDE BEVERAGE CO BEER 21434.95 53331 KIRSCH DISTRIBUTING CO BEER 192.34 53332 MARK VII DISTRIBUTING COMPANY BEER 19974.87 MIDWEST COCA COLA BOTTLING CO MIX 753.75 53334 PEPSI COLA COMPANY MIX 711.95 573:5 ALL AMERICAN BOTTLING CORP MIX 469.35 53336 THORPE DISTRIBUTING COMPANY BEER 27:62.45 533:7 TWIN CITY HOME JUICE MIX 93.24 53338 THE BREHM GROUP -1989 HEALTH/LIFE INSURANCE PREMIUM- 520.80 283.90 57745 JB LAWN LANDSCAPING & SNOWPLOWING -DRAINAGE DITCH/SOD/GRADING-DRAINAGE 1350.00 PAID 53306 CHARLES GOBLE -10 EMERGENCY MEDICAL TECHNICAN BAGS-FIRE DEPT COMMISSION MEMBERS 5:339 DELARIAS KENTUCKY FRIED CHICKEN EXPENSES-COUNCIL 53740 JIM STUKEL BOUNDARY WATERS CANOE OUIDE/FEES PAID 53341 FIRST BANK EDEN PRAIRIE PAYROLL 8/15/89 53742 COMMISSIONER OF REVENUE PAYROLL 8/15/89 53343 CLUTCH & TRANSMISSION SER INC -FLYWHEEL/HOSE/CLUTCH PACK/BEARINGS/CLUTCH/ -CLAMP/WHEEL BALANCING-FORESTRY DEPT/ EQUIPMENT MAINTENANCE 53344 INTL OFFICE SYSTEMS INC JULY 89 MAINTENANCE AGREEMENT-POLICE DEPT CONTROL 5:346 NORTHDAIE CONSTRUCTION CO -SERVICE-MITCHELL/RESEARCH ROAD & WEST 147435.713 76TH STREET IMPROVEMENTS 53347 COMMISSIONER OF REVENUE JULY 89 SALES TAX 25886.96 PETTY CASH CHANGE FUND-SUMMER PLAYGROUND 40.00 U S WEST CELLULAR INC SERVICE 111.40 794616 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE AT&T SERVICE AT&T CONSUMER PRODUCTS DIV SERVICE U S WEST COMMUNICATIONS SERVICE KUO CHANG REFUND-TENNIS LEAGUE FEE V CIOCHETTO REFUND-GOLF LESSONS HEIDI GLOVER REFUND-GOLF LESSONS SHELLEY GOODALL REFUND-SAILING LESSONS JANE HERRICK REFUND-SWIMMING LESSONS SANDRA KOEPPEN REFUND-SWIMMING LESSONS TERRI MCQUILLAN REFUND-SWIMMING LESSONS ELIZABETH MADSEN REFUND-RACQUETBALL LESSONS GALA REINA REFUND-SWIMMING LESSONS KATHLEEN SCHUTROP REFUND-PRESCHOOL PLAYGROUND PAMULA SKINNER REFUND-SWIMMING LESSONS SUP VERDON REFUND-STARING LAKE PARK BUILDING RENTAL VOID OUT CHECK AMERICAN PUBLIC WORKS ASSOCIATION CONFERENCE-ENGINEERING DEPT AARP 55 ALIVE MATURE DRIVING DRIVING INSTRUCTOR/FEES PAID NORTHERN STATES POWER CO SERVICE CHERYL EASTBOURNE REFUND-BOUNDARY WATERS CANOE TRIP FERN CARR REFUND-SWIMMING LESSONS HOPKINS POSTMASTER POSTAGE-HUMAN SERVICES DIRECTORY CITY-COUNTY CREDIT UNION PAYROLL 8/4/89 CROW WING COUNTY SOCIAL SUVICES CILD SUPFORT DEDUCTION GREAT WEST LIFE ASSURANCE CO PAYROLL 8/4/89 GUARANTEE MUTUAL LIFE COMPANY AUGUST 89 LIFE INSURANCE PREMIUM HENN CT" SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION ICMA RETIREMENT CORPORATION PAYROLL 8/4/89 INTL UNION OF OPERATING ENG AUGUST 89 UNION DUES MINN UC FUND PAYROLL 8/4/89 MN TEAMSTERS CREDIT UNION PAYROLL 8/4/89 MUTUAL BENEFIT LIFE AUGUST 89 DISABILITY INSURANCE PREMIUM EXECUTIVE DIRECTOR-PERA SEPTEMBER 89 LIFE INSURANCE PREMIUM EXECUTIVE DIRECTOR-PERA PAYROLL 8/4/89 EXECUTIVE DIRECTOR-PERA PAYROLL 8/15/89 UNITED WAY PAYROLL 8/4/89 MINNESOTA C L E CONFERENCE-POLICE DEPT PETTY CASH PLAYGROUND EXPENSES-SUMMER PROGRAMS MN DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATION & EXCISE TAX TRANSPORTATION ELECTRONICS -PHONE REPAIR-POLICE DEPT/REAR AIR UNIT ANIMAL CONTROL 53350 53351 5." 53354 53355 53356 53357 53358 53359 53360 53761 53362 53363 53364 53365 53366 53367 5:368 53369 53370 53371 53372 53373 53374 53375 53376 53777 c' 3 5,..9 53380 57381 53382 53383 53784 53365 53386 53387 53308 53389 53390 53391 HOPKINS POSTMASTER 53392 HOPKINS POSTMASTER 57393 CITY OF WHITE BEAR LAKE 53394 AT&T CREDIT CORPORATION 53395 AT&T CONSUMER PRODUCTS DIV 53396 NORTHERN STATES POWER COMPANY 5:397 NORTHERN STATES POWER CO 53398 U S WEST CELLULAR INC 53399 U S WEST COMMUNICATIONS 53400 COMMISSIONER OF REVENUE 53401 FIRST BANK EDEN PRAIRIE ty 7 -,2 TARGET STORES ' TRANSPORTATION ELECTRONICS INC POSTAGE-FALL BROCHURE-COMMUNITY CENTER POSTAGE-UTILITY BILLING EXPENSES-COUNCILMEMBER SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLL 8/18/89 PAYROLL 8/18/89 REFUND-ROUND LAKE PAVILLION RENTAL -2 MOBILE PHONES/AIR TIME-POLICE FORFEITURE-DRUGS SEPTEMBER 5.1989 55.25 538.91 32.10 4214.05 20.00 18.00 18.00 14.00 11.00 11.00 19.00 12.00 6.00 22.00 12.00 53.00 0.00 185.00 182.00 3527.29 92.00 19.00 1433.00 1463.00 166.00 4361.00 2450.38 194.76 1466.92 961.00 1194.67 25.00 2533.22 99.00 26374.55 647.63 246.50 165.00 11.06 1301.70 524.00 3362.00 663.15 16.00 93.67 65.00 29323.35 16882.87 408.30 571.41 11668.10 56803.13 50.00 2348.00 17915297 ; FEE FEE FEE FEE FEE FEE 80.00 0.00 93.50 44.75 65.00 173.80 15.25 129.53 131.45 40.50 10.00 62.50 18.00 53.25 26.50 59.75 17.50 100.10 41.75 58.00 122.57 65.00 20.00 6.00 64.50 123.20 30.25 35.75 18.00 14.50 56.50 32.75 59.75 105.05 108.35 23.75 50.50 97.50 79.50 0.00 81.40 24.50 27.00 76.00 76.00 52.00 78.38 32.50 100.00 100.00 100.00 100.00 100.00 100.00 VAN METER & ASSOCIATES VOID OUT CHECK JULIE BAKER M DAWN BAUER SCOTT BARTEL LINDSAY BERDAN JENNIFER BERGMANN BRENT BUSSEY SHERRY BUTLER PATRICK BYRNE PHOEBE CANDLAND RUTH CARR NATHAN EAGLE DAN EVANS ERIN HONK GIRISH IYER MIKE JOHNSON JEFF JUBERT PAT KANUIT TRAVIS KUSKE MIKE LAMBERT ALLISON LOCKE AMY MAC DONALD AMY MC GONIGAL CHRIS MC INTOSH TIM MARTIN KELLY MORAVEC CHRIS MUELLER CHRISTINE MULDER MEGAN MURRAY SCOTT ODEGARD TYLER 0 NEEL JEFF OSTBY KATIE PATTYN MOLLIE PATTYN ERIK PEHPOHL JACKIE REMETA GERALD ROGERS PAUL ROGERS VOID OUT CHECK J TODD RUSSELL JESSICA SELISKI GREG SMITH AMY THOMAS AMAR VENKATAPURAM LAURA LUOMA TOM WALENTINY SHELLEY WITCOFF CLIFF AMUNDSON BRIAN ANDERSON JIM ANDERSON KARI ANDERSON STEVE ANDERSON TIM ATKINS CONFERENCE-POLICE DEPT TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES REFUND-SOFTBALL ELIGIBILITY REFUND-SOFTBALL ELIGIBILITY REFUND-SOFTBALL ELIGIBILITY REFUND-SOFTBALL ELIGIBILITY REFUND-SOFTBALL ELIGIBILITY REFUND-SOFTBALL ELIGIBILITY 53404 53405 53406 53407 53408 L,L,10 53411 53412 53413 53414 53415 53416 53417 53418 53419 53420 57421 53422 53423 53424 53425 53426 53427 53428 53429 53430 53431 53432 53433 9 -7 4 5 53436 53437 53438 53439 53440 51441 53442 53443 53444 53445 53446 53447 53448 57449 53450 5345! 53452 53453 53454 53455 53456 53457 318233 SEPTEMBER 5.1989 JEFF S AUFDERHAR MICHAEL BECKMAN LARRY BENNER WILLIAM M BERANEK DAVE BERGLAND KATHY BERTCH JOHN BRAUSEN PATTIE BRODEN DAVE BRUCKS JEFF BULEN JAMES HULTMAN BARRY CAHOON MIKE CAMPBELL RICHARD A CARNEY JOY CASE PAUL M CHENEY JIM CLARK JUDY CLARK GARY CLIFFORD ROD CRIEGO STEVE C DAHL GREGORY DAMLO STABLA DANIELSON BECKY DEAN RICHARD BEATON LORI DENERT JAMES P DENNISON DAVID DOLLAHAN KEN DREBENSTEDT JOHN W DRISCOLL THOMAS P DUNN STEVE EGGERT RON EISCHENS DAVID J EVANS SHERRY FELTMANN JANE FLANIGAN KENNETH W FOOTE W BRYAN FUHR G E CAPITAL FLEET SERVICES KARI GABRIELSON ALAN GALE TIM GALLAGHER DON GARDNER MAARIE GAYTHER JOHN D GILLEN SUE GODWIN RICHARD GRANNES NANCY GRIEVE COLEMAN GRIFFING RON GRONFOR SCOTT GRONHOLZ PRASSANA GUNERATNE BOB HALLSTROM TOM HAMRE DAVID W HANN REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILIT7 FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE v-se 9 53460 53461 53462 53463 53464 53465 53466 53467 53468 53469 53470 53471 53472 53473 53474 53475 53476 53477 53478 53479 53480 53481 53482 53 4 83 53486 53487 53489 53489 53490 53491 53492 53493 53494 53495 53496 53497 53498 53499 53500 57501 53502 53507 57504 53505 53506 53507 53508 53511 53512 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 00.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 200.00 100.00 100.00 100.00 100.00 100.00 100.00 200.00 200.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 58.)000 ezique FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE FEE 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100,00 100.00 100,00 100.00 100,00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 400.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 200.00 100.00 100.00 100.00 100.00 100.00 SEPTEMBER 5.1989 JOEL HANSON GREG HASTINGS RICK HATCHER MAUREEN T HENSLEY MICHAEL HERMANSEN DAVID T HIBBISON PAUL HINIKER WILLIAM R HORS ERVIN C HOFSTEDT JR JOHN HOISVE MICHAEL HOLTIE MARGARET HOPKINS BILL HORN SHAWN HOSTAD BRIAN HOVEY MARY HOYSLER SCOTT HUTCHINS PETER IZMIRIAN CHRIS M JESSEN MICHAEL JENSEN BARRY JOHNSON MARK JOHNSON TIM JOHNSON MAPY ANN JONES RANDY KELLOGG DAVID KELLY STEPHEN KINGSBURY DAVID KNUTZEN SANDY KOESTER GREG KORTUEM TIM KOXL1EN SUE LANGER SANDRA LAURING KATIE LEE DENISE LIEN MICHAEL LIEN STEVE LINDAHL BILL LORNTSON TOM LUNDIN MARK MADDOX MAGNETIC DATA INC DAN MALONE JOHN MARCINIEC JAY MARTIN JEFF MAY SHAWN MC GINN GARY NECKLEY ALLEN MEINKE JEFF MERBOTH DEAN MEYER CHRIS MILLER STEVEN J MILLER STEVE MILLMANN JONATHON MOE LYNETTE MULLANEY REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-PFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY ELIGIBILITY 53513 5 7 514 5 5.)16 53517 53518 53519 53520 53521 53522 53523 53524 53525 53526 53527 53528 53529 55530 53531 53532 53533 53534 53535 53536 53537 53538 53539 7 0 5 1 53542 53543 53544 53545 53546 53547 53548 53549 53550 53551 53552 51554 53555 53556 53557 53558 53559 53560 53561 57.562 53563 53564 5 7.F '5 , 53D67 5 9 00 00 zio D SEPTEMBER 5.1989 53568 BETTE BETTS MURPHY 5"69 DANIEL I MURPHY , 0 BOB NAGEL 5371 GREG NELSEN 53572 SHANNON NELSON 53573 ROB NESSA 53574 CHRIS NEWBERG 53575 BOB NEWSOME 53576 AL NIEDERHAUS 53577 DARON NYSTROM 53578 JOE O'CONNER 53579 DOYLE R OLSON 53580 DAVID E PAHL 53581 BOYD PALSGROVE 53582 JAMES PAULZINE 53583 JULIE PELZL 53584 RICHARD PERKINS 53585 RICHARD PERKINS 53586 JAN PERRY 53587 JODI A PETERS 53588 JOYCE T PETERSEN 53589 BRIAN L PETERSON 53590 CYNTHIA PETERSON 5359: DAVID PETERSON 53592 MARK PETERSON 53593 STEVE PETRICH 53594 HOWARD PETSINGER ft' 1 LARRY PFAFF 0 TOM PIEPER 53597 KEITH W PLATH 53598 ANDY PLESHA 53599 DAVID PORTER 53600 MIKE POWER 53601 STEVEN E PREBISH 53602 LEE RECORDS 53603 RANDY BEHNKE 53604 STEVEN D RIEDEL 53605 SCOTT REIN 53606 JULIE ROCHE 53607 DAVID ROHR 53608 KEVIN ROQUETTE 53609 PHILIP ROSE 53610 TOM ROSCE 53611 MARK RUBENSTEIN 53612 STANLEY ROOD 53613 ST ANDREW LUTHERAN CHURCH 53614 PAUL SALENTINE 53615 TON SANDSTROM 53616 JANE SCANLON 53617 HANK SCHAFER 53618 JOSEPH SCHROEDL 53619 CHRIS SCHUGEL 5324 '0 JOHN SCHULTE 51, KENNETH SERDAR 53642 CHRIS SHELDON 570QQO REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL REFUND-SOFTBALL ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE ELIGIBILITY FEE 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 10.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 i00.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 300.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 AlquE SEPTEMBER 5.1989 REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-cOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE -REDEMPTION/PAYOFF OF COSTS & EXPENSES FOR HOME AT 7875 EDEN COURT EXPENSES-HUMAN RESOURCES -BALANCE DUE AFTER EXPENSES FOR ACQUIRING HOME AT 7825 EDEN COURT -BALANCE DUE AFTER EXPENSES FOR ACQUIRING HOME AT 7835 EDEN COURT CONFERENCE-ASSESSING DEPT POSTAGE-HUMAN SERVICES DIRECTORY CONFERENCE-FIRE DEPT 1989 REIMBURSEMENT OF DEFERMENT PAYMENT CONFERENCE-SENIOR CENTER CONFERENCE-FORESTRY DEPT 2itio F 53623 RANDY SHIMANSKI 24 TOM SIERING 25 STEVEN SIMMONS 53626 LARRY SMITH 53627 ROBIN SMITH 53628 BOB SWELL 53629 DENNIS SOLIE 53630 RICHARD SPEAR 53631 BRUCE STELMAN 53672 DAN STENSON 53633 RONALD L STRAKA 53634 PETE STRONG 53635 KEVIN SZAFRANSKI 53636 VINCENT THOMAS 53637 RANDY THOMPSON 53638 ELIZABETH J TRACY 53639 DAVID TYPED 53640 DARRELL ULRICH 53641 DUANE ULRICH 53642 TIM UMPHLETT 53643 ALVIN VAN HORN 53644 BARRY B VAN LERBERGHE 53645 DENNIS VAN RAVENHORST 57646 THOMAS R VANDEPHEYDEN 53647 JEAN VERKUILEN 53648 PETE VERKUILEN 53649 LEIF WALLIN '0 TIM WELDON ,1 JAMES WERDIN 53652 RICHARD WILSON 53653 SANDRA L WINEGAR 53654 ROBERT WINTERS 53655 KEVIN J WISHY 53656 BOB WOLFF 53657 GREG YEAKEY 53658 JULIE M YEDONI 53659 PATRICIA YOUNG 53660 CRAIG ZEMKE 53661 STEVE ZUMBUSCH 53662 SHERIFF OF HENNEPIN COUNTY 53667 VOID OUT CHECK 53664 BEST SOUNDS 53665 VOID OUT CHECK 53666 VOID CUT CHECK 53667 JUDITH MAE SORENSEN 53668 THOMAS J MILLER 53669 MARIBELLE FARR 53670 HOPKINS POSTMASTER 53671 HUTCHINSON TECHNICAL COLLEGE 5 7 '7 2 METROPOLITAN WASTE CONTROL 3 REGION 7E AAA MN BOARD ON AGING 53674 MN SOCIETY OF ARBORICULTURE 1 96 749 69 100.00 100.00 100.00 100.00 100.00 100.00 100.00 200.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 10%00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 200.00 200.00 73516.63 0.00 100.00 0.00 0.00 10256.37 12016.69 95.00 125.00 30.00 96350.00 30.00 30.00 SEPTEMBER 5.1989 53675 NATIONAL INSTITUTE ON PARK CONFERENCE-FORESTRY DEPT 5,-7 6 FRANK SMETANA EASEMENTS / PETTY CASH EXPENSES-CITY HALL 53678 HOPKINS POSTMASTER POSTAGE-SENIOR CENTER NEWSLETTER 53679 CITY-COUNTY CREDIT UNION PAYROLL 8/18/89 53680 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 53681 GREAT WEST LIFE ASSURANCE CO PAYROLL 8/18189 53682 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION PAYROLL 8/18/89 PAYROLL 8/18/89 PAYROLL 8/4/89 & 8/18/89 PAYROLL 8/18/89 PAYROLL 8/18/89 TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE REFUND-SOFTBALL ELIGIBILITY FEE -EQUIPMENT RENTAL-WATER DEPT/FACILITIES DEPT OFFICE SUPPLIES-CITY HALL CLEANING SUPPLIES-EQUIPMENT MAINTENANCE DOOR REPAIR-COMMUNITY CENTER SCOREBOARD REPAIR-COMMUNITY CENTER PAGER SERVICE-FIRE DEPT/COMMUNITY CENTER LAWN IRRIGATION SYSTEM REPAIR-WATER DEPT -UNDERCOAT RAKES/COMBS-CANINE SUPPLIES- POLICE DEPT VCR STAND SAFETY BELT-SENIOR CENTER SOD-PARK MAINTENANCE EROSION CONTROL MATS-PARK MAINTENANCE -LIFEGUARD TRAINING/CPR EOUIPMENT RENTAL- RILEY LAKE BEACH/AQUATICS SUPERVISOR BOOKS-WATER DEPT DUES-WATER DEPT -UNIFORMS-WATER DEPT/BUILDING INSPECTIONS -DEPT/FACILITIES DEPT/COMMUNITY CENTER/ MATS-LIQUOR STORE SIGNS/POSTS-STREET DEPT/PARK MAINTENANCE EXPENSES-FIRE DEPT HELIUM TANK/VALVE RENTAL-POLICE DEPT SPRINKLER FITTINGS-FACILITIES DEPT LOCK REPAIR-WATER DEPT/POLICE BUILDING -BATTERIES/BRAKE FLUID/POWER STEERING -FLUID/WINDSHIELD WASHER FLUID/CLAMPS/ FLASHERS/SPARK PLUGS-EQUIPMENT MAINTENANCE -RATCHET WRENCH SET/CENTER PUNCH-EQUIPMENT MAINTENANCE SOFTBALL OFFICIAL/FEES PAID -REPAIR & PAINT POLICE VEHICLE-EQUIPMENT MAINTENANCE 5766316 a.tcoe÷ 53683 ICMA RETIREMENT CORPORATION 53684 MN TEAMSTERS CREDIT UNION 53685 NORWEST BANK HOPKINS 53686 EXECUTIVE DIRECTOR-PERA 53687 UNITED WAY 53688 SHERRY BUTLER 53689 ALLISON LOCKE 53690 KATIE PATTYN 53691 MOLLIE PATTYN 53692 TIM RONHOVDE 53693 MIKE JENSEN 53694 CHRISTOPHER M JESSEN 53695 BILL LORNTSON 53696 A TO 2 RENTAL CENTER 53697 ACP0-MINNESOTA INC 53698 ACE CHEMICAL PRODUCTS INC 5 36 99 VOID OUT CHECK 53700 AIRLIFT DOORS INC 5( AIM ELECTRONICS INC 5".. • AIRSIGNAL INC 53703 ALBRECHT 53704 RAY ALLEN MFG CO INC 53705 ALPHA VIDEO & AUDIO 53706 AL'S LANDSCAPING & NURSERY INC 53707 AMERICAN EXCELSIOR CO 53708 AMERICAN RED CROSS 53709 AMERICAN WATER WORKS ASSOC 53710 AMERICAN WATER WORKS ASSOC 53711 AMERICAN LINEN SUPPLY CO 53712 EARL F ANDERSEN & ASSOC INC 53713 ANDERSON'S GARDEN 53714 ANDON INC 53715 AQUA ENGINEERING INC 53716 ARMOR SECURITY INC 53717 BATTERY & TIRE WAREHOUSE INC 53718 8 & S TOOLS 53 -'9 BRUCE BETTENDORF BERGIN AUTO BODY 145.00 13000.00 63.40 72.36 1638.00 186.00 4361.00 194.76 1468,92 25.00 1000.00 27893.84 246.50 29.70 84.15 38.50 38.50 106.84 100.00 100.00 100.00 95.40 91.75 147.20 0.00 65.75 502.48 113.00 159.85 28.52 18.00 22.00 156.00 244.00 53.20 1559.00 614.12 1156.70 34.99 46.40 59.85 151.00 676.38 65.65 240.00 469.45 SEPTEMBER 5.1939 53721 BFI MEDICAL WASTE SYSTEMS SERVICE 51722 BFI RECYCLING SYSTEMS OF MN INC -7000 RECYCLING CONTAINTERS-SOLID WASTE MANAGEMENT t,i23 BIFFS INC WASTE DISPOSAL-PARK MAINTENANCE 53724 BIG A CHANHASSEN -FILTERS/BRAKE PADS/OIL/TRAILER CONNECTORS/ -TAPE/CARBURETOR FLOAT/FREON/BEARINGS/ -0-JOINT/BRAKE PARTS-WATER DEPT/EQUIPMENT MAINTENANCE 53725 JAMES BITTNER SOFTBALL OFFICIAL/FEES PAID 53726 BLACKS PHOTOGRAPHY -FILM/FILM PROCESSING-HUMAN SERVICES DEPT/ -POLICE DEPT/FIRE DEPT/FORESTRY DEPT/ PLANNING DEPT 53727 ISAAC R BLAKEY JR SOFTBALL OFFICIAL/FEES PAID 53728 BRIAN BLANCH EXPENSES-POLICE DEPT 53729 BLEVINS CONCESSION SUPPLY CO -CONCESSION STAND SUPPLIES/EQUIPMENT -REPAIR-ROUND LAKE CONCESSION/COMMUNITY CENTER CONCESSION 53730 CITY OF BLOOMINGTON 2 POLYGRAPHS-POLICE DEPT 53731 LOIS BOETTCHER MINUTES-HISTORICAL & CULTURAL COMMISSION 53732 BORCHERT-INGERSOLL INC PISTONS/LINING/REPAIR KITS-EQUIPMENT MAINT 53733 DOVER FORD TRUCKS INC TRUCK CHASSIS-STREET DEPT 53734 TOBY BOYUM HOCKEY OFFICIAL/FEES PAID 53735 BRAUN END TESTING INC SERVICE-SEALCOAT AGGREGATE TESTING 53736 BROADWAY EQUIPMENT To CLEANING SUPPLIES-FACILITIES DEPT 53737 BRW INC -SERVICE-TRAFFIC SIGNALS IN MAJOR CENTER AREA 53738 BRYAN ROCK PRODUCTS INC GRAVEL-PARK MAINTENANCE f' 7 9 NATHAN DUCK SOFTBALL & VOLLEYBALL OFFICIAL/FEES PAID 0 CASE POWER & EOUIPMENT CABLE-EQUIPMENT MAINTENANCE 53741 GALE TYPE OFFICE EQUIPMENT CO -TYPEWRITER MAINTENANCE AGREEMENTS-FIRE DEPT 53742 CARDOX CORP CHEMICALS-WATER DEPT 53743 JOHN E CARLON III MILEAGE/EXPENSES-SEWER DEPT 53744 CARLSON'S TREE SERVICE TREE REMOVAL-FORESTRY DEPT 53745 LARRY CARTER LICENSE FEE-SEWER DEPT 53746 CITY OF CHASKA SPRING GOLF LESSONS/FEES PAID 53747 CENTRAIRE INC -REPLACE BELT FOR AIR CONDITIONING UNIT- SENIOR CENTER 53748 CLEVELAND COTTON PRODUCTS PAPER TOWELS-WATER DEPT 53749 COMMERCIAL ASPHALT CO BLACKTOP-STREET MAINTENANCE 53750 COMMUNICATIONS CENTER RADIO ADAPTER-FACILITIES DEPT 53751 ROBERT W COMPTON INC -SERVICE-CONCRETE WORK-SUNNYDROOK RD- HOUSING REHABILITATION PROGRAM 53752 COMPUTER PLACE COMPUTER REPAIR-POLICE DEPT 53753 CONCRETE RAISING INC CURBING-DRAINAGE CONTROL 53754 CONSTRUCTION MATERIALS INC SEALANT-SEWER DEPT 53755 CMI INC -FILTERS/MARKERS/CAR WINDOW MOUNT-POLICE FORFE1TURE-DRUGS 53756 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-POLICE DEPT/EQUIPMENT MA1NT 53757 CORPORATE RISK MANAGERS INC AUGUST 89 INSURANCE CONSULTANT 53758 CROWN PLASTICS INC PLASTIC SHEETING-PARK MAINTENANCE 53759 CULLIGAN SERVICE 53 7 60 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES-WATER DEPT CUSTOM FIRE APPARATUS INC -2 STAINLESS STEEL PLATES/PUMPER TANK REPAIRS/PUMP TESTS-FIRE DEPT 8422727 45.00 35000.00 1886.93 1141.65 105.00 304.65 882.00 40.00 1744.65 200.00 61.88 804.25 21345.00 306.50 68.40 127.44 1219,55 78.59 1473.00 20.66 315.00 226.73 165.45 2800.00 7.50 92.00 79.16 96.44 7307.01 20.00 2075.00 87.00 1425.00 90.00 178.45 120.30 560.00 243.00 56.60 157.48 1270.00 '11 12') cN n• • SEPTEMBER 5.1989 53762 CUSTOM REFRIGERATION INC -INSTALL ICEMAKER/WATER LINE & DRAIN-FIRE DEPT I 3 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 5.,/64 TOM DAHLEN SOFTBALL OFFICIAL/FEES PAID 53765 DALCO -CLEANING SUPPLIES-WATER DEPT/FACILITIES DEPT/COMMUNITY CENTER 53766 DAN & DAN'S MINUTEMAN PRESS PRINTING-FIRE DEPT 53767 DATED BOOKS -OFFICE SUPPLIES-SEWER DEPT/STREET MAINT/ EQUIPMENT MAINTENANCE 53768 MONICA DAY SERVICE-EMPLOYEE NEWSLETTER 53769 DECORATIVE DESIGNS SEPTEMBER 89 SERVICE-CITY HALL 53770 DEN CON LANDFILL INC JULY 69 WASTE DISPOSAL-PARK MAINTENANCE 5:771 SUE DENNIS MILEAGE-OUTDOOR CENTER 53772 DEPARTMENT OF LABOR & INDUSTRY CE BOILER & AIR TANK LICENSES-WATER DEPT 53773 EUGENE DIETZ AUGUST 89 EXPENSES-ENGINEERING DEPT 53774 DON EVE & SONS SERVICE-MOWING-STREET MAINTENANCE 53775 DRISKILLS SUPER YALU -EXPENSES-AFTERNOON PLAYGROUND/OUTDOOR -ADVENTURE/ROUND LAKE CONCESSION/CENTER -CARE/COMMUNITY CENTER CONCESSION NEIGHBORHOOD OUTREACH PROGRAM 53776 DRISKILLS SUPER VALU -EXPENSES-COUNCIL/ROUND LAKE CONCESSION/ -SUMMER SKILL DEVELOPMENT/SPORTS/SPECIAL -CAMPS/TEEN WORK PROGRAM/HISTORICAL & CULTURAL COMMISSION/ORGANIZCD ATELETICS 53777 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 53778 PAULA DUNNUM AEROBICS INSTRUCTOR/FEES PAID 53779 DUSTCOATING INC DUSTCOATING-STREET MAINTENANCE Sr 1 CONSTRUCTION MIDWEST INC TUBING-STARING LAKE PARK EASTMAN KODAK COMPANY JULY 89 MAINTENANCE AGREEMENT-CITY HALL 53782 ECOLAB PEST ELIMINATION DIVISION AUGUST 89 SERVICE-FIRE STATIONS 53783 EDEN PRAIRIE ASSEMBLY OF GOD REFUND-VARIANCE APPLICATION 53784 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 53785 CITY OF EDINA JULY 89 WATER TESTS-WATER DEPT 53786 DEB EDLUND MINUTES-PLANNING COMMISSION 53787 JOHN H EKLUND WASTE DISPOSAL-FORESTRY DEPT 57788 ELK RIVER CONCRETE PRODUCTS JOINT SEAL/CULVERT RINGS-DRAINAGE CONTROL 53789 ELVIN SAFETY SUPPLY INC AIR PACK PACKING-FIRE DEPT 577 9 0 CHRIS ENGER AUGUST 89 EXPENSES-PLANNING DEPT 53791 EROCOA INDUSTRIES INC -PADDLES/PEDALS/STEERING ARM ASSEMBLY-PARK MAINTENANCE 537 9 2 ESS BROTHERS & SONS INC -21 MANHOLE ADJUSTMENT R1NGS-$1155.00/ STOOL/GRATE-DRAINAGE CONTROL 53793 LYNDELL FREY -VOLLEYBALL OFFICIAL/FEES PAID/EXPENSES- BOUNDARY WATERS CANOE TRIP 53794 FIRE INSTRUCTORS ASSN TRAINING SUPPLIES-FIRE DEPT 57795 THE FITNESS STORE EXPANDER SCREW-FITNESS CENTER 53796 FLOYD SECURITY -4TH QUARTER 89 SECURITY SYSTEM-CUMMINS GRILL HOUSE 53797 POUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 53796 GARDNER HARDWARE CO LOCKS/KEYS-COMMUNITY CENTER 53 7 9 9 KATE GARWOOD MILEAGE-PLANNING DEPT 53800 DARRELL GEDNEY HOCKEY OFFICIAL/FEES PAID 53 90 1 GELLER'S AUTO PARTS INC DUMP TRUCK HOOD-EQUIPMENT MAINTENANCE 5( GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-CITY HALL 57'0, GENERAL SAFETY EQUIPMENT CORP -REPLACE VALVE & PLUMBING/REPAIRED HANDLES -ON DROP TANK STORAGE COMPARTMENT-FIRE 381.7:0 6697.88 270.00 1172.40 105.25 97.00 230.00 49.50 40.00 40.00 50.00 200.00 420.00 333.02 223.1: 499.50 100.00 9240.00 95.00 616.80 317.25 125.00 33.24 328.00 250.00 735.00 310.17 14.00 200.00 96.50 1317.00 440.50 1382.00 16.75 60.00 549.65 96.50 44.25 23.00 750.00 64.00 453.10 2246119 214 DEPT 53804 GETTING TO KNOW YOU ADVERTISING-LIQUOR STORES 53805 GLASS SERVICE CO INC REPLACE WINDOW-FIRE STATION 57 ,06 JOE GLEASON HOCKEY & SOFTBALL OFFICIAL/FEES PAID 5, ' GLENWOOD INGLEWOOD WATER CUPS-FITNESS CENTER 53608 CHARLES GOBLE EMERGENCY MEDICAL TECHNICANS BAG-FIRE DEPT 53809 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAINTENANCE 53810 w W GRAINGER INC 3 FANS-WATER DEPT 53811 GRANT mERR1TT & ASSOCIATES LTD -JULY 89 LEGAL SERVICE-FLYING CLOUD LANDFILL 53812 GRIFFC0 INC SANDER BEARINGS-EQUIPMENT MAINTENANCE 53813 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT 53814 GT COMMERCIAL SERVICES INC SERVICE-MOWING-PLEASANT HILLS CEMETERY 53815 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 53816 ROBERT HANNON HOCKEY OFFICIAL/FEES PAID 53817 HANSEN THORP PELLINEN OLSON INC SERVICE-STARING LAKE PARK 53818 HEIMARK FOODS CONCESSION STAND SUPPLIES-COMMUNITY CENTER 53819 HENNEPIN COUNTY ATTORNEYS OFFICE DISTRIBUTION OF FORFEITURE FUNDS 53820 HENNEPIN COUNTY ATTORNEYS OFFICE DISTRIBUTION OF FORFEITURE FUNDS 53821 HENN CTY-SHERIFFS DEPT JULY 89 BOOKING FEE-POLICE DEPT 53822 HENNEPIN COUNTY TREASURER -SERVICE-BAKER ROAD STREET IMPROVEMENTS/ JULY 89 WASTE DISPOSAL-FORESTRY DEPT 53823 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 53824 VOID OUT CHECK 53825 HENNEPIN COUNTY TREASURER POSTAGE-VOTER REGISTRATION VERIFICATIONS 5382" HENNEPIN TECHNICAL INSTITUTE SCHOOL-FIRE DEPT 53827 HERZOG PETROLEUM MOTOR OIL-EQUIPMENT MAINTENANCE 53828 D C HEY COMPANY INC -DEVELOPER-PUBLIC WORKS DEPT/MAINTENANCE AGREEMENT-FIRE DEPT HOFFERS INC FIELD MARKING PAINT-PARK MAINTENANCE HOLMSTEN ICE RINKS INC -GAUGE/STARTER-ACRYLIC SHEETING-ICE ARENA- COMMUNITY CENTER 53831 INDEPENDENT SCHOOL GIST 4272 -BUS SERVICE-SUMMER SKILL DEVELOPMENT/ -SPECIAL TRIPS/EVENTS/AFTERNOON ADVENTURE/ -NEIGHBORHOOD OUTREACH PROGRAM/ROOM RENTAL- COMMUNITY BAND 53832 INTL OFFICE SYSTEMS INC -AUGUST 89 MAINTENANCE AGREEMENT-CITY HALL/ POLICE DEPT 53833 GARY ISAACS SOFTBALL OFFICIAL/FEES PAID 53834 J & R RADIATOR CORP RADIATOR REPAIR-EQUIPMENT MAINTENANCE 53835 DEAN R JACOBS MILEAGE/EXPENSES-ASSESSING DEPT 53836 GARY JASPERS MILEAGE-PARK MAINTENANCE 53837 JERRY'S NEWMARKET EXPENSES-FIRE DEPT 53838 CHRIS JESSEN SOFTBALL OFFICIAL/FEES PAID 5:839 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-WATER DEPT/CITY HALL 53840 N CRAIG JOHNSON MAI APPRAISAL FEE-PIONEER TRAIL 53841 HERB JOHNSON UNIFORM-RILEY LAKE BEACH 53842 CARL JULLIE JULY & AUGUST 89 EXPENSES-ADMINISTRATION 53843 JOHN A KAZ SOFTBALL OFFICIAL/FEES PAID 53844 TOM KEEFE SOFTBALL OFFICIAL/FEES PAID 53845 KEYS WELL DRILLING CO WELL 410 REPAIRS-WATER DEPT 53846 SCOTT KIPP MILEAGE/EXPENSES-PLANNING DEPT 53847 BRADLEY KNUTSON SOFTBALL OFFICIAL/FEES PAID 53848 GREG KORTUEM SOFTBALL OFFICIAL/FEES PAID ;64 99.00 435.34 373.00 27.10 40.00 838.72 402.81 2566.70 377.29 26.32 265.00 46.00 80.00 3670.84 137.34 70.00 29.42 404.74 59914.77 268.00 0.00 45.75 270.00 48.00 86.69 566.40 701.13 718.04 435.63 807.50 91.50 50.25 6.25 95.72 60.00 225.58 1800.00 3.13 75.23 45.00 60.00 1272.55 6.90 357.00 345.00 )14/ar -GAUGES/CONNECTORS/HOSES/SQUARES/FAN/ -ADAPTORS/WEED CUTTER/PAINT/BOLTS/NUTS/ -SPOOLIGHT/BRACKETS/PIPE/FITTINGS/TAPE/ -DRILL PUMP-WATER DEPT/FIRE DEPT/EQUIPMENT MAINTENANCE/PARK MAINTENANCE -JULY 89 LEGAL SERVICE-FLYING CLOUD LANDFILL AUTO CRANE-SEWER DEPT SOD/BLACK DIRT-WATER DEPT/PARK MAINTENANCE -TILE WORK-INDOOR POOL & WADING POOL- COMMUNITY CENTER -APRIL 89 LEGAL SERVICE/JUNE & JULY 89 FLYING CLOUD LANDFILL -COVERALLS-EQUIPMENT MAINTENANCE/MATS- LIQUOR STORE -REPAIR & PAINT POLICE VEHICLE-EQUIPMENT MAINTENANCE FILM PROCESSING-FORESTRY DEPT JUNE 89 SERVICE BEAM REGULATOR-EQUIPMENT MAINTENANCE EXPENSES-POLICE DEPT EXPENSES-FIRE DEPT -TREATED LUMBER/PLYWOOD/TIMBERS-STREET MAINT!EOUIPMENT MAINT/STARING LAKE PARK PUMP REPAIR/GUTTER BROOM-EQUIPMENT MAINT EXPENSES-OUTDOOR CENTER -FINAL PAYMENT-HOCKEY RINK REPAIRS/1 PRINT- COMMUNITY CENTER -SEPTEMBER 89 COMPUTER MAINTENANCE-POLICE DEPT TOWING-EQUIPMENT MAINTENANCE -PRINTING-FALL BROCHURE-RECREATION SUPERVISOR SEPTEMBER 5•1929 53849 KRAEMER'S HOME CENTER 53850 L LEHMAN & ASSOCIATES INC 53851 LA HATS MEG & SALES INC 53852 LAMBENT SOD & LANDSCAPING 53853 LAND OF LAKES TILE CO 53854 LANG PAULY & GREGERSON LTD 53855 LEEF BROS INC 53856 LESMANN ENTERPRISES INC 53857 LINHOFF CORPORATE COLOR 53858 LOGIS 53859 LP GAS EQUIPMENT 53860 TRACY LUKE 53841 LUNDS DELI STYLE RESTAURANT 53862 LYMAN LUMBER CO 53863 MACCUEEN EQUIPMENT INC 53844 RODERICK MACRAE 53865 MASTER FRAMES INC MASYS CORPORATION 53847 MAILS AUTO SERVICE INC 53848 MBA DESKTOP PUBLISHING PLUS 262.98 5450.55 4268.00 833.50 5036.00 24905.83 105.00 574.00 16.05 13728.26 41.10 26.45 70.85 693.63 1009.00 107.99 363.12 1295.00 64.00 820.00 51.15 401.00 34.95 604.14 154033.51 22770.00 11942.01 156.01 1303.20 439.20 57.00 49.00 13.07 135.23 76.64 46.88 22.00 240.00 7.95 224.64 53869 MEDICAL OXYGEN & EOUIP CO OXYGEN-FIRE DEPT 57870 METRO PRINTING INC PRINTING FORMS-ANIMAL CONTROL 53871 METROPOLITAN FIRE EQUIP CO FIRE EXTINOUISHER-COMMUNITY CENTER 53872 METROPOLITAN MECHANICAL CONTRACTO -WATER HEATER REPAIR/PVC PIPE REPAIR-ICE ARENA-COMMUNITY CENTER 53873 METROPOLITAN WASTE CONTROL COMMIS SEPTEMBER 89 SEWER SERVICE CHARGES 53874 METROPOLITAN WASTE CONTROL COMMIS JULY 89 SAC CHARGES 53875 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 53874 MIDWEST SIGN & SCREEN PRINTING SU -PAINT/ROLLER COVER-HISTORICAL & CULTURAL COMMISSION 53877 MN CONWAY FIRE & SAFETY 8 ADAPTERS-FIRE DEPT 53878 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORES 53879 MOTOROLA INC RADIO REPAIR-POLICE DEPT 53880 MOP AIRPORT NEWS ADVERTISING-LIQUOR STORES 53881 MCI DISTRIBUTING CO PACKS-EQUIPMENT MAINTENANCE 53882 WM MUELLER & SONS INC SAND-PARK MAINTENANCE 53883 MUNICILITE CO STROBE LIGHT-EQUIPMENT MAINTENANCE 53884 MCGRAW HILL PUBLISHING COMPANY BOOK-PARK PLANNING 53895 N 7 0 A MEMBERSHIP FEE-POLICE DEPT 53R 9 4 NAIL FIRE PROTECTION ASSN MEMBERSHIP FEES-FIRE DEPT 5 ' NATIONAL CAMERA EXCHANGE BOOKING CAMERA-POLICE DEPT 5O,00 NATIONAL SCREENPRINT T SHIRTS-TEEN WORK PROGRAM 09 9 SEPTEMBER 5.1989 53889 NOBLE & ASSOCIATES INC SERVICE-FLY1NG CLOUD LANDFILL 1886.52 5:5290 NORTH STAR INTL TRUCKS INC DUMP TRUCK & BODY-STREET DEPT 38255.85 NORTHERN ENGINE-EQUIPMENT MAINTENANCE 280.99 5./2 NORTHERN STATES POWER CO -SERVICE-PRESERVE BLVD/PRAIRIE CENTER RD/ 18394.25 -VALLEY VIEW RD/GOLDEN TRIANGLE DR & VALLEY VIEW RD 53893 NORTHLAND ELECTRIC SUPPLY COMPANY ELECTRICAL CONNECTIONS-FIRE DEPT 507.37 53894 NORTHWEST ASPHALT INC BLACKTOP-STREET MAINTENANCE 704.00 53895 OCHS BRICK & TILE CO CEMENT-DRAINAGE CONTROL 67.50 53896 OFFICE PRODUCTS OF MN INC OFFICE SUPPLIES-CITY HALL 118.20 53897 OLSEN CHAIN & CABLE CO INC -CABLE/TURNBUCKLE/EYEBOLT/ROD/WOOD AUGER 370.82 BIT/CLIPS-PARK MAINTENANCE 53898 DAVE ORLOWSKY SOFTBALL OFFICIAL/FEES PAID 90.00 53899 PARK NICOLLET MEDICAL CENTER STRESS TESTS-FIRE DEPT 366.00 5:900 PEPSI COLA COMPANY -CONCESSION STAND SUPPLIES-ROUND LAKE 349.50 CONCESSION/COMMUNITY CENTER CONCESSION 53901 PERSONNEL FOOL -SERVICE-PARK & RECREATION DEPT/PLANNING 871.65 DEPT 57902 PERSONAL REPORT SUBSCRIPTION-FINANCE DEPT 51.72 53903 CONNIE L PETERS MILEAGE-COMMUNITY CENTER 24.75 53904 THE PINK COMPANIES OFFICE CHAIR REPAIRS-POLICE DEPT 73.50 53905 FLORAL BLACKTOPPING INC PAVER RENTAL-STREET DEPT 1370.00 53906 PLYMOUTH PLUMBING INC REFUND-PLUMBING PERMIT 104.00 53907 POMMER COMPANY INC TROPHIES-PACQUETBALL LEAGUE 25.40 53908 PRAIRIE ELECTRIC COMPANY INC -CIRCUIT BREAKER REPAIRS/INSTALL 554.85 -RECEPTACLE-COMMUNITY CENTER/POLICE BLDG/ LIQUOR STORE ' PRAIRIE HARDWARE SCREWS/ANCHORS/BRACKETS/HOOKS-FIRE DEPT 29.65 PRAIRIE HARDWARE -BATTERIES/RUBBER GLOVES/TAPE/GAS CANS/ 109.22 -CLASPS/SCREWS-ENGINEERING DEPT/FACILITIES DEPT 53911 PRAIRIE HARDWARE -GASKET/LATCH/TAPE RULE/HOOKS/ANCHORS/ 211.57 -PLUGS/CHAIN/CABLE/SPRAY PAINT/SCREWBIT -SET/SCREWDRIVER/SCREWS/DRILL BIT/CEMENT PATCH-COMMUNITY CENTER 53912 PRAIRIE LAWN !, GARDEN -2 WEED TRIMMERS-$598.00/PARK DEPT/POINTS 602.10 EQUIPMENT MAINTENANCE 53913 PRAIRIE OFFSET PRINTING PRINTING-PLANNING DEPT 74.40 53914 PRENTICE-HALL INC BOOK-PARK PLANNING 65.46 53915 PRESERVE INSURANCE AGENCY LIABILITY INSURANCE-LIQUOR STORES 3656.35 53916 PRINT GALLEY INC PRINTING-BUILDING INSPECTIONS DEPT 58.28 53917 PRO BUSINESS COMMUNICATIONS INC TELEPHONE SERVICE-CITY HALL 265.00 5391S PULSAFEEDER CHEMICAL FEEDER REPAIR-WATER DEPT 620.30 53919 CATHERINE PUTKA MILEAGE-UTILITY BILLING 45.75 53920 R 5 11 SPECIALTIES INC -ZAMPONI BLADES SHARPENED-ICE ARENA- 82.80 COMMUNITY CENTER 53921 MR RANDY RANNOW REFUND-DEVELOPMENT FEE 315.00 53922 RECREONICS CORP ROPE/STEP-ROUND LAKE BEACH/POOL OPERATIONS 364.30 53923 SCOTT REIN SOFTBALL OFFICIAL/FEES PAID 480.00 53924 RETAIL DATA SYSTEMS OF MN CASH REGISTER TAPE-LIQUOR STORE 49.65 53925 CITY OF RICHFIELD -3RD QUARTER 89 DISPATCH SERVICE-$19910.91- 30496.91 -POLICE DEPT/C1TY'S SHARE OF ADAPTIVE RECREATION COORDINATOR-110586.00 ROAD MACHINERY & SUPPLIES CO -WINDOW/TEMPERATURE GAUGES/KNOB/ELBOW- 141.44 EOUIPMENT MAINTENANCE 210L FIRST AID RESCUE EQUIPMENT-FIRE DEPT MILEAGE-OUTDOOR CENTER WEED SPRAYING-CUMMINS GRILL HOMESTEAD TOWELS-EQUIPMENT MAINT/PARK MAINT -OFFICE SUPPLIES-CITY MALL/POLICE DEPT/ COMMUNITY CENTER VIDEO CASSETTE-WATER DEPT CLEANING SUPPLIES-FACILITIES DEPT -BELT/CLEANING SUPPLIES-EQUIPMENT MAINT/ PARK MAINTENANCE SOFTBALL OFFICIAL/FEES PAID LAB SUPPLIES-WATER DEPT SIGNS/LABELS/TAGS-WATER DEPT SERVICE-COMMUNITY CENTER REPAIR VOLLEYBALL OFFICIAL/FEES PAID AUGUST 89 EXPENSES-ASSESSING DEPT -01L/LUBRICANTS/V BELT/CLEANING SUPPLIES/ -GAS-WATER DEPT/FACILITIES DEPT/EQUIPMENT MAINTENANCE/COMMUNITY CENTER SEPTEMBER 5.1989 53927 ROAD RESCUE INC 53"9 KAROL ROCKLER ROSEWAY ENTERPRISES 53930 SAFETY KLEEN CORP 53931 ST PAUL BOOK t STATIONERY CO 53932 SAFETY & TRAINING SERVICES 53933 SANCO INC 53934 SAVOIE SUPPLY CO INC 53935 WILBUR W SCHULTZ 53936 SCIENTIFIC PRODUCTS DIVISION 53937 SEXTON NAME PLATE COMPANY 53938 SETTER LEACH & LINDSTROM INC 53939 CYNTHIA SEVERTSON 53940 STEVEN R SINELL 53941 W GORDON SMITH CO 3113.73 40.00 103.74 191.25 44.85 180.00 6.50 171.00 409.00 143.84 83.15 2196.57 108.00 233.00 208.93 53942 SNAP ON TOOLS CORP -CHASER SETS/PUNCH/WRENCHES/SOCKET SETS/ 414.20 GAUGES-WATER DEPT/EQUIPMENT MAINTENANCE 53943 THOMAS SOPCZYK MILEAGE-HUMAN RESOURCES 21.00 53944 SOUTH HENNEPIN HUMAN SERVICES CCU 2ND QUARTER 89 SERVICE-HUMAN SERV I C E S 2850.00 5:945 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-POLICE DEPT/HUMAN RESOURCES 377.63 53946 SPORTS WORLD USA SOFTBALLS/ICE PACKS-ORGANIZED ATHLETICS 150.39 53947 DONNA STANLEY MILEAGE-SENIOR CENTER 27.13 53948 EMMETT STARK COMMUNITY BAND DIRECTOR/FEES PAID 785.00 57 STATE OF MINNESOTA DISTRIBUTION OF FORFEITURE FUNDS 35.00 53 STATE OF MINNESOTA DISTRIBUTION OF FORFEITURE FUNDS 14.71 53951 STATE TREASURER JULY 29 BUILDING SURCHARGES 5158.29 5:952 THE STOCK HOUSE INC FILM-POLICE DEPT 81.44 53953 STOREFRONT/YOUTH ACTION -2ND QUARTER 89 YOUTH COUNSELING & 2500.00 REFERRAL SERVICES-HUMAN SERVICES DEPT 53954 STREICHERS PROFESSIONAL POLICE ED -GUN HOLSTER/GUN POUCH/SPOTLIGHT/ P A I N T / 4946.99 -TAPE/AMMUNITION/PROTECTIVE GLASSES/ -CLEANING EQUIPMENT/CHARGER/2 BALLISTIC -VESTS/POINT BLANK COVERS FOR BALLISTIC -VESTE/LOCK/LIGHTBARS/FLASHER/SPEAKERS- -POLICE DEPT/EQUIPMENT MAINTENANCE/ -FOREARM GRIPS/HEARING PROTECTION EARMUFFS- POLICE FORFEITURE DRUGS 53955 SUBURBAN CHEVROLET -ARM ASSEMBLY/SOCKETS/STUDS/NUTS/SEALS/ 773.56 -BOLTSISPRINGS/SEAL ASSEMBLIES/LUBRICANT -SEALS/FLYWHEEL/PAINT/VALVE/PIPES/MUFFLER- WATER DEPT/EQUIPMENT MAINTENANCE 53956 SULLIVANS SERVICES INC WASTE DISPOSAL-OUTDOOR CENTER 87.14 53957 SUN ELECTRIC CORPORATION -SPRING/HOSE ASSEMBLY/FILTER-EQUIPMENT 102.85 MAINTENANCE 53958 SUNSET PRINTING R. ADVERT SPECIALT FIRE PREVENTION SUPPLIES-FIRE DEP T :17.30 53 9 59 SUPERIOR PRODUCTS -REFRIGERATOR-$1195.00/FREEZER-$465.00/ 3408.47 53960 SUPRA COLOR LABS INC 539 ,.1 NATALIE SWAGGERT ST SYSTEM CONTROL SERVICES , TARGET STORES ICEMAKER REFRIGERATOR-$1430.00-FIRE DEPT FILM DEVELOPING-POLICE DEPT AUGUST 89 EXPENSES-HUMAN RESOURCES WELL POWER SOURCE REPAIR-WATER DEPT -TAGBOARD/SAFETY PINS/CLOTHESPINS/PAPER -TOWELS/CLEANING SUPPLIES-NEIGHBORHOOD 9.00 215.00 :13.45 14.66 „^s 1;'_)(11 OUTREACH PROGRAM 53964 TAYLOR SALES INC BEARINGS/SCRAPER BLADES-COMMUNITY CENTER 53965 TENNANT COMPANY -01L FILTER CAPS/DISTRIBUTOR CAP/POINT SET/ CONDENSER/ROTOR-EQUIPMENT MAINTENANCE t , THOMPSON PLUMBING CO REFUND-PLUMBING PERMIT 5 -,>767 VAL TRADER AEROBICS INSTRUCTOR/FEES PAID 53968 YEN TRAM VOLLEYBALL OFFICIAL/FEES PAID 53969 TROPICAL SNO OF MN -CONCESSION STAND SUPPLIES-ROUND LAKE PARK/ COMMUNITY CENTER 53970 TWENTIETH CENTURY PLASTICS ZIPPER BAGS-BUILDING INSPECTIONS DEPT 53971 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-EQUIPMENT MAINTENANCE 53972 TWIN CITY PRICING & LABEL INC TAPE-LIOUOR STORE 53973 UNITED LABORATORIES INC STAINLESS STEEL POLISH-WATER DEPT 53974 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 53975 VESSCO INC CHEMICAL FEEDER REPAIR-WATER DEPT 53976 VICOM INC -SEPTEMBER 89 WIRE MAINTENANCE-PUBLIC -WORKS BUILDING/AUGUST 89 WIRE MAINTENANCE- COMMUNITY CENTER 53977 VICTOR CARLSON & SONS INC -REPLACE DRIVEWAY/CONSTRUCT CONCRETE SLAB- HOUSING REHABILITATION PROGRAM 53978 VIKING LABORATORIES INC CHEMICALS-POOL OPERATIONS 53979 VOLUNTEER FIREMEN'S BENEFIT ASSN INSURANCE-FIRE DEPT 53980 KEITH WALL AUGUST 89 EXPENSES-POLICE DEPT 53981 WATER PRODUCTS CO -GASKETS/RISERS/LIDS/FITTINGS/2 3" 1000 -GAL METERS-$2600.00/PVC PIPE/SOLVENT- WATER DEPT/DRAINAGE CONTROL 53982 wATERITE INC SKIMMER COVERS-POOL OPERATION 53983 PAUL WELIN SOFTBALL OFFICIAL/FEES PAID 53984 SANDRA F WERTS MILEAGE-SENIOR CENTER 57 7 WESTBURNE SUPPLY INC CLEANING SUPPLIES-COMMUNITY CENTER 5L , DAVID WHITEFORD SOFTBALL LEAGUE COORDINATOR/FEES PAID 53787 KAREN WILLYARD REFUND-UTILITY BILLING 53988 wINGFIELD PERFORMANCE ENGINEERING TRANSMISSION REPAIR-EQUIPMENT MAINTENANCE 57989 YELLOW PAGES OF AMERICA INC ADVERTISING-FIRE DEPT 53990 YOUNGSTEDTS INC WHEEL ALIGNMENTS-EQUIPMENT MAINTENANCE 53991 ZACK'S INC SERRATED BARS/CONNECTORS-STREET MAINT 53992 ZEE MEDICAL SERVICE -30 FIRST AID KITS & SUPPLIES-STREET MAINTENANCE/1ST AID SUPPLIES-PARK MAINT 53993 ZEP MANUFACTURING COMPANY CLEANING SUPPLIES-EQUIPMENT MAINTENANCE 51994 KAY IUCCARO AQUA AEROBICS INSTRUCTOR/FEES PAID 53995 ADVANCED OFFICE SUPPLIES-COMMUNITY CENTER 52705 VOID OUT CHECK 57106 vOID OUT CHECK 53184 VOID OUT CHECK 53186 VOID OUT CHECK 1100633 )_1 6:3;‘\ 67.60 87.90 85.50 75.00 256.50 478.46 1517.62 112.44 221.46 134.20 323.67 620.73 12.25 1725.00 61.60 252.00 200.00 4341.19 24.07 210.00 66.28 145.50 240.00 50.22 426.00 117.00 59.90 69.60 1265.70 451.05 307.50 215.70 575.00- 1032.85- 176.46- 1431.00- $1394386.35 DISTRIBUTION BY FUNDS 4132737.30 82538.69 68406.2 9 41880.57. 265.00 7447.65 660 9 .81 12703. 60 1303.20 43675.00 207769.45 1219.55 47150.96 235105.05 149.117: 155404.85 3917.29 10 GENERAL 11 CERT IF ICATE OF I NOCDT 15 LIQUOR STORE-F . V M 17 L I QUOR STORE-PRESERVE 20 CEMETERY OPERAT I DNS 21 POL ICE DRUG FORFE.I TURF 31 PARK ACDUIST S DEVELOP 33 UTILITY BOND FUND 39 86 FIRE STAT ON CONST 45 UT IL TY DEBT ED ARD 51 IMPROVEMENT CONbT FD 57 ROAD IMPROVEMENT CONST ED 73 WATER FUND 77 SEWER FUND 80 POL ICE CONE I SCAT ED FUNDS 81 TRUST & ESCROW FUND 87 CODS FUND $1394336.3 ORDINANCE NO. 89- 2 1 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNES O T A A M E N D I N G CITY CODE CHAPTER 9, SECTION 9.40 RELATING TO THE D I S C H A R G E O F FIREARMS, AND ADOPTING BY REFERENCE CITY CODE CHA P T E R 1 A N D SECTION 9.99, WHICH AMONG OTHER THINGS, CONTAIN PE N A L T Y PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MI N N E S O T A ORDAINS: Section 1. City Code Chapter 9, Section 9.40 sha l l b e a n d is amended to read as follows: "SECTION 9.40. FIREARMS REGULATION. Subd. 1. Declaration of Policy. It is hereby fo u n d a n d declared that inasmuch as the City is a developi n g community wherein the land uses are becoming mor e i n t e n s e thus reducing the amount of open land available f o r t h e discharge of firearms and dangerous weapons and t h a t i t has become necessary to limit the discharge of fi r e a r m s and dangerous weapons to certain areas in the com m u n i t y in which it will not pose a hazard to the safety o f others. Subd. 2. Definitions. Terms used in this Sectio n s h a l l have the following meanings: A. "Approved Archery Ranges" means those ranges which have been approved by the City Manager or designee where special target-tipped arrows are used. B. "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. C. "Discharge of firearms" means any shooting whether it be for hunting game, target practice or otherwise. D. "Shotgun shotshell" means a shell fired in a shotgun containing multiple shot. -1- 241 E. "Shotgun slug" means a shell fired in a shotgun containing one slug, ball, or other single projectile. Subd. 3. Permit Required for Discharge of Firearms or Dangerous Weapons. No person may fire or discharge a firearm or discharge or use any dangerous weapon within the City without first securing a permit to do so from the City. A. Areas Where Permitted. A permit may be granted to discharge firearms or dangerous weapons only in the following areas: (1) In that part of the City, West of a line parallel to and 1600 feet West of the East line of Sections 27 and 34, Township 116, Range 22, South of Hennepin County Road 1 and East of the westerly line of Hennepin County and there terminating. (2) In that part of the City which is Section 18 and Section 19, Township 116, Range 22, for the remainder of 1989 when the landowner is present. (3) In areas approved by the City Council where the issuance of a permit is for the purpose of wildlife management and is in the best interest of public safety. B. Application For Permit. A permit may be issued to individuals who comply with the following criteria: (1) Persons over eighteen (18) years of age may apply for an individual permit to discharge a firearm or dangerous weapon. Persons under eighteen (18) years of age may apply for a permit to discharge a firearm or dangerous weapon if at the time of such discharge or use, the youth is accompanied by an adult parent or legal guardian. (2) An application for a permit shall be filed in writing on forms provided by the City and accompanied by a fee determined by City Council resolution. No fee shall be required for a permit for a landowner, his immediate family, or his guests, to discharge a firearm or dangerous weapon on property owned by himself. (3) A landowner may obtain a guest permit for a maximum of four (4) guests, who must be accompanied by said landowner. (4) The application shall include at least the following information: a) Type of firearm or dangerous weapon to be discharged. b) Location of the property on which the discharge of the firearm or dangerous weapon will occur. c) The permission and signature of the landowner or designee on whose property the discharge of the firearm or dangerous weapon will occur. d) Such other information as may be deemed necessary by the City Manager or designee in order to pass upon such application. C. Limitations on Permits. Permits issued for the discharge of firearms or dangerous weapons shall be subject to the following limitations: (1) The property upon which the discharge will occur shall be at least forty (40) contiguous acres. (2) The holder of a permit shall not discharge a shotgun slug within fifteen hundred (1500) feet of a building or a roadway. (3) The holder of a permit shall not discharge a shotgun shotshell within one thousand (1000) feet of a building or a roadway. (4) Permits issued for the discharge of firearms or dangerous weapons shall be limited to the use of bows and arrows, B-B guns, shotgun shells, and shotgun slugs. (5) An individual who is hunting pursuant to a guest permit must be accompanied by the landowner. (6) Permits issued for the discharge of shotgun slugs shall be limited to those times permitted for hunting deer by the Minnesota Department of Natural Resources. Permits issued for the discharge of other dangerous weapons shall be restricted to the calendar year during which the permit was issued. Subd. 4. Approved Archery Ranges. A permit is not required for the discharge of special target-tipped arrows at approved archery ranges. The use of crossbows are prohibited from approved archery ranges. Subd. 5. Cancellation of Permit. A violation of the provisions of this Section or any permit issued here- under on any property for which the permit has been issued may result in the cancellation of all permits for the discharge of weapons or firearms on such property and the denial of applications for permits on such property. Subd. 6. Lawful Defense of Person, Property or Family. Nothing herein shall be construed to prohibit any firing of a gun, pistol or other weapon when done in lawful defense of person, property or family or by law enforcement personnel executing their official duties. Section 2. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation A Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective 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_____ of . 1989, and finally read and adoptedordered published at a regular meeting of the City Council of said City on the day of , 1989. -4- ATTEST: City Clerk Mayor Published in the Eden Prairie News on the , 1989. day of -5- PAS 8/15/8',' M1NUIES OF THE 1989 EDEN PRAIRIE HUNTING COMMITTEE The -First meeting of the hunting committee was held on this date at 3:00 pm. Present for the meeting were: Mr. DOUCI fenpas Mr. Bob Bjorklund Mr. Mike Farr Mr. Darn! Peterson Mr. Brett Hope Mr. Paul Jacques Mr. Bill Marshall Mr. Jim Clark Mr. Sever Peterson The group decided that it would be in everyone's best interest if they were able to move quickly with the upcoming hunting season soon upon us. The group reviewed the proposed ordinance 527-89 that was prepared by the City Attorney. The following changes were suggested by members and agreed upon by the group: * Subd. 2. A., Mr. Jacques suggested that it be included that crossbows be prohibited from use at archery ranges. * Subd. 3. A. (1), The members agreed that the hunting area should be limited to the area south of Hennepin County Road 1 and west of the east line of section 34. Township 116, Range 22. Sections 18 and 19 (currently known as "special areas" near Rice Marsh Lake) should remain open, with the same conditions (landowner must be present while hunting) for the remainder of 1989 and closed to firearms in 1990. * Subd. 3. A. (3), Anyone requesting permits outside of permitted areas for the purposes of wildlife management should secure permit from the City Council rather than the City Manager. * Subd. 3. A. (4). Mr. Darril Peterson requested a small expansion of the slug area to include some of his land on the north side of Highway 169. Mr. Tenpas stated that he toured the area and felt that it would not be a problem. It was therefore recommended that slug shooting be allowed in the riverbottoms and the lower half of seF:tion 30 south and west of Riley Creak). * Subd. 3. 8. (2), Mr. Brett Hope asked that the language in this section be changed to allow the landowner the ootion of appointing a responsible Person to grant permission to discharge a firearm. * njbd. . B. (2) a.. Mr. Darril Peterson asked that the City allow the landowner to secure a permit that would allow him to have 4 guests accompany him (landowner) while hunting. He informed the group that all to often a friend will visit for the weekend and want to hunt. He is unable to secuie a permit on the weekend and consequently is unable to hunt. Mr. lenoas agreed that this could he done and felt that we could issue a permit to the landowner that would cover 4 guests at no additional charge. The guests would not be named on the permit but would have to be with the landowner. * Subd. 3. C. (2). Shotgun shotshell shall not be discharged within 1000 feet of buildings or roads. There was discussion regarding the 40 acre provision. The only person who has expressed interest in discharging a firearm on less than 40 acres has been Mr. Ed Schlamp on Riverview Road. Mr. Schlamp has occasional interest in allowing his son the opportunity to shoot trap on his property. Mr. Clark indicated that he felt Mr. Schlamp would understand this limitation. If there is great opposition to the 40 acre provision Mr. Tenpas would like to see it lowered to 38 acres. It was noted that the 40 acres provides for some management of the hunting. Mr. Marshall informed the group that he intended to manage his area much better this year and only grant a small number of permits. All the landowners attending the meeting suggested that when prospective hunters call City Hall or the Police Department they should be told that if they do not already have arrangements made with a landowner they will not find someone who will allow them to hunt. (hey do not want people referred to them. In return they will hold to a minimum the number of hunters on their property. Mr. Hope suggested that everyone do some public relations in their neighborhoods concerning hunting. He indicated that he grants permits to neighbors if they so desire. (he meeting was adjourned at 4:30 pm and it was decided that any additional meetings would be called only if the members did not agree on the changes of the ordinance after they review the draft. arn CONTENTS Variance Request #89-42 1.) Memo dated August 15, 1989 from Board Member 2.) Public Hearing Notice 3.) Application 4.) Planning Department Staff Report dated July 21, 1989 5.) Final Order 6.) Appeal Letter dated August 11, 1989 7.) Board of Appeals Staff Report dated August 4, 1989 8.) Unapproved Board Minutes dated August 10, 198). August 15, 1989 To: Mayor Gary Peterson and Members of the City Council Re: Variance Request W89-42 City Code Sec. 2.11 states in part: The duties of the Board of Appeals and Adjustments is to hear requests for adjustments from the literal provisions of the City Code in instances where their strict enforcement would cause undue hardship Minn. Statute 462.357 Subd. 6 defines Undue Hardship in connection with granting a variance. The statute states in Part: The property in question cannot be put to a reasonable use if used under conditions allowed by official controls. While a City Council certainly has the right to review the decisions of a Board of Appeals and Adjustments, both bodies has the same guidelines for granting a zoning variance as stated in the Municipal Planning statute. Alternatives to Variance Request 89-42: Office Zoning: (no variances would be needed) Minimum size = 20,000 sq. ft. (the site is 41,382 sq. ft.) Minimum width = 100 ft. (the site is 165 ft. wide) Minimum depth = 100 ft. (the site is 245 ft. deep) THE SITE CURRENTLY BEING DEVELOPED JUST EAST OF THE BURGER KING SITE IS OFFICE ZONING. Neighborhood Commercial: (smaller variances required) Minimum size = 2 acres (the site is .95 acres) Minimum width = 200 ft. (the site is 185 ft. wide) Minimum depth = 200 ft. (the site is 245 ft. deep) Because a reasonable use (as stated in the statute) is available it is my belief that the present variance request can not be granted. Sincerely, John E. Freemyer 149 CITY OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS NOTICE OF PUBLIC HEARING REGARDING VARIANCE REQUEST #89-42 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Board of Appeals and Adjustment s w i l l m e e t a t t h e following time and places: 7:30 PM Thursday, August 10, 1989 At the Council Chambers, 7600 Executive Drive, Eden Prairie City Hall, Eden Prairie, MN 55344 to review and consider the variance request #89-42, submitted by M a r c u s C o r p o r a t i o n for property located at 7808 Eden Prairie RoiTITEden Prairie, M i n n e s o t a , e g a l l y described as: See Reverse 5g0 -1W-Tiquest is for a variance from City Code, Chapter 11 —Siction 11.03, Subdivision B ill To permit a lot size of .95 a c r e s . Code requires 5 acres in the C-Comm Zoning District. in To permit a n a v e r a g e .ot width of City Code requires 300'. To permit an average lot depth of 245 1 7—Citirode—t7—.equires 306'. Written or oral comments relating to this variance request will b e h e a r d a t t h i s meeting. Said variance application is on file for public review a t t h e P l a n n i n g Department at Eden Prairie City Hall. Published in the Eden Prairie News July 26, 1989 City of Eden Prairie PLANNING DEPARTMENT of Adjustments and Appeals, explaining n a t u r e o f v a r i a n c e r e q u e s t to the literal provisions of the City's c o d e w o u l d c a u s e h a r d s h i p . 7 ee Owner>5 ignature .and Owner Variance # Receipt ft CITY OF EDEN PRAIRIE VARIANCE REQUEST APPLICATION /q1,pzi APPLICANT'S NAME: ADDRESS: PHONES: REQUEST FOR VARIANCE AT: LEGAL DESCRIPTION: t/_5 r',Ic 7,7' 1 7 ieell C1 C / LAAvZ 474 6tf 1 ,21/ f /a) 47/7'n S 3/ ZIP Work (/2) S 3 /177 Home C4.j)) V 7 - S- ',; y r 4 Y 4(/' FEE: A) $75.00 - Residential - (includes bui l d i n g a d d i t i o n s , d e c k s , a n d C o d e i n t e r p r e t a t i o n s ) B) $125.00 - Other - (includes varianc e s a s s o c i a t e d w i t h o f f i c e , i n d u s t r i a l , c o m m e r c i a l property and variances associated with n e w d e v e l o p m e n t / c o n s t r u c t i o n ) REASON FOR VARIANCE: 2,0A/ip/C., De5tc.,4/4-7-iew 61p14144- il Jr* C 4,04R E4e( 1 4=5- //sf &r:i ,vur ze4241.z.,E Ay x i rh,f.,/ ,,,,wt, 7lr-4y a /vo A_,,,,,,, .7-, c,,,4t (4-4./2, /7(-0/4 -1..61-4 " Submission Requirements: yx r—idential - 8 1/2" x 11" survey show i n g l o t l i n e s a n d s e t b a c k s o f e x i s t i n g a n d p r o p o s e d 1. Jres and location of buildings on a d j o i n i n g p r o p e r t i e s . A l s o s h o w b u i l d i n g e l e v a t i o n s , architectural floor plans, and pertinen t t o p o g r a p h i c a l f e a t u r e s s u c h a s t r e e s , f e n c e s , b e r m s , steep slopes, ponds, roads, and existi n g a n d p r o p o s e d e l e v a t i o n s , w h i c h h a v e b e a r i n g o n t h e variance request. 2) Other - 8 1/2" x 11" survey showing l o t l i n e s a n d s e t b a c k s o f e x i s t i n g a n d p r o p o s e d structures. Where surveys are larger t h a n 8 1 / 2 " x 1 1 " , 1 1 c o p i e s o f s i t e p l a n f o l d e d t o 8 1 / 2 " x 11" will be required. Also include l a n d s c a p e p l a n , p e r t i n e n t t o p o g r a p h i c a l f e a t u r e s s u c h a s trees, fences, berms, steep slopes, p o n d s , r o a d s , a n d e x i t i n g a n d p r o p o s e d e l e v a t i o n s , w h i c h have bearing on the request. 3) Letter addressed to,Board and reason(s) why(confOrmance C.) , AP plicant's Signature Notes to Applicant: L. The Board meets on the 2nd Thursday of t h e m o n t h , 7 : 3 0 p . m . , C i t y H a l l C o u n c i l C h a m b e r s , 7600 Executive Drive, Eden Prairie, Min n e s o t a 5 5 3 4 4 Applications must be filled, no later t h a n 2 n d T h u r s d a y o f t h e m o n t h p r e v i o u s t o t h e meeting date. 3. Notices are published in the Eden Prair i e N e w s a n d m a i l e d t o p r o p e r t y o w n e r s w i t h i n 5 0 0 feet. Applicants are encouraged to per s o n a l l y c o n t a c t a d j a c e n t p r o p e r t y o w n e r s , p r i o r to the hearing, in order to explain th e v a r i a n c e a n d t o b e p r e p a r e d t o a d d r e s s t h e i r concerns at the hearing. 4NOTE: SUBMIT 9 COPIES OF ANY SITE PLAN S O V E R 8 1 / 2 " X 1 1 " cis-IROPOSED SITE 15,oicom arl AREA LOCATION MAP c..1g4C.Y ":43,143:5rt-)' STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: July 21, 1989 PROJECT: Marcus Funeral Home LOCATION: Southwest Corner of Terrey Pine Drive and County Road #4 APPLICANT: Marcus Corporation FEE OWNER: Connie Anderson REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Community Commercial on 0.95 acres. 2. Zoning District Change from RM-2.5 to Community Commercial on 0.95 acres with variances to be reviewed by the Board of Appeals. 3. Site Plan Review on 0.95 acres. 4. Preliminary Plat of 0.95 acres into one lot. Background This site is currently guided Low Density Residential and zoned RM- 2.5. The adjacent property to the south and west is guided for Medium Density Residential while the property to the north is guided for Office. The property to the east is guided Industrial. Specific land uses and zoning districts include the Elim Shores senior housing project, zoned RM-2.5 to the south; Eden Prairie Family Physicians, zoned Office to the north; Mitchell Lake Estates, zoned RM-6.5 to the west; and vacant property, zoned 1-2 to the east. The current proposal is to develop a 5,700 square foot funeral home on a 0.95 acre site. This request requires a Comprehensive Guide Plan rbange from Low Density Residential Community Commercial and a Zoning uistrict Change from RM-2.5 to Community Commercial. Marcus 'Funeral Home 2 July 21, 1989 Comprehensive Guide Plan Change/Land Use The proposed funeral home is being co n s i d e r e d a s C o m m u n i t y C o m m e r c i a l l a n d u s e because it is a business which provides a s e r v i c e f o r t h e e n t i r e C i t y . T h e p u r p o s e of the Community Commercial guide plan d e s i g n a t i o n a n d z o n i n g d i s t r i c t i s t o p r o v i d e appropriately located areas for reta i l s t o r e s , o f f i c e s , a n d p e r s o n a l s e r v i c e establishments patronized primarily by r e s i d e n t s i n t h e i m m e d i a t e c o m m u n i t y a r e a . The district also permits the develop m e n t o f c o m m u n i t y s h o p p i n g c e n t e r s i n t h e appropriate locations as shown on the g u i d e p l a n a c c o r d i n g t o t h e s t a n d a r d s t h a t minimize adverse impacts on the adjoinin g r e s i d e n t i a l l a n d u s e . T h e C o m m i s s i o n m u s t decide whether the use of this site for a f u n e r a l h o m e i s o f a n a p p r o p r i a t e s i z e a n d in an appropriate location which mini m i z e s t h e a d v e r s e i m p a c t o n t h e a d j o i n i n g residential neighborhood. Site Plan/Preliminary Plat The minimum requirements in the Communit y C o m m e r c i a l Z o n i n g D i s t r i c t i n c l u d e a l o t size of 5 acres and a lot width and dept h o f 3 0 0 f e e t . S e t b a c k s i n c l u d e a 3 5 f o o t front yard setback, 20 feet on each side , a n d a 2 0 f o o t r e a r y a r d s e t b a c k . T h e p l a t consists of 0.95 acres with a width of 1 6 5 f e e t a n d a d e p t h o f 2 4 5 f e e t . V a r i a n c e s will be required for lot size, lot wid t h , a n d l o t d e p t h . T h e b u i l d i n g m e e t s t h e minimum required setbacks of the zoning d i s t r i c t . The development proposal involves the c o n s t r u c t i o n o f a p p r o x i m a t e l y 5 , 7 0 0 s q u a r e feet in two levels for the proposed funer a l h o m e , a n d t h e r e n o v a t i o n o f t h e e x i s t i n g home for use by the caretakers. In the Co m m u n i t y C o m m e r c i a l Z o n i n g D i s t r i c t , a B a s e Area Ratio (B.A.R.) of 20% and a Floor A r e a R a t i o ( F . A . R . ) o f 4 0 % i s a l l o w e d . T h e proposal, including the existing home, h a s a B . A . R . o f 1 1 % a n d a F . A . R . o f 1 8 . 3 % . Based upon a parking requirement of one s p a c e p e r e v e r y t h r e e s e a t s i n t h e c h a p e l and a 54 car parking lot, 162 seats coul d b e p l a c e d w i t h i n b u i l d i n g . T h e p r o p o n e n t has indicated that approximately 100 sea t s w o u l d a c t u a l l y b e u s e d . I f t h e b u i l d i n g use changed to 100% retail or office, a t o t a l o f 5 5 s p a c e s a n d 3 8 s p a c e s w o u l d b e required, respectively. Gradinq/Utilities Elevations on-site range from approximate l y 9 0 0 i n t h e n o r t h e a s t c o r n e r o f t h e s i t e to approximately 890 on the south proper t y l i n e . T h e m a j o r i t y o f t h e s i t e w i l l b e graded in order to allow for the constr u c t i o n o f t h e p a r k i n g a r e a s a n d t h e b u i l d i n g pad. Approximately 11 feet of cut for th e n e w b u i l d i n g i s r e q u i r e d w h i l e a n y f i l l will be used for berming adjacent the ro a d w a y s . Utilities are available to connections ma d e t o a n e x i s t i n g 8 - i n c h w a t e r l i n e a n d an 8-inch sanitary sewer line located with i n T e r r e y P i n e D r i v e . A d e t a i l e d s t o r m w a t e r run-off plan shall be submitted for re v i e w b y t h e C i t y a n d t h e C o u n t y , d u e t o t h e proposed connection to the Hennepin Coun t y s t o r m w a t e r s y s t e m w i t h i n C o u n t y R o a d # 4 . Landscaping Rased on a total of 120 caliper inches o f s i g n i f i c a n t t r e e s o n - s i t e , t h e p r o p o s a l ndicates a loss of 94 caliper inches. Be c a u s e t h e t r e e l o s s e x c e e d s 7 5 % , t h e T r e e Preservation Policy requires 100% replac e m e n t o r 9 4 c a l i p e r i n c h e s . I n a d d i t i o n , 2 4 caliper inches are required for the buil d i n g f o r a t o t a l o f 1 1 8 c a l i p e r i n c h e s . T h e 9,10 Marcus Funeral Home 3 July 21, 1989 landscape plan depicts a total of 57.5 -caliper inches. In order to increase the level of screening from the adjacent senior housing projec t , t h e p r o p o n e n t s h a l l substitute 8 and 10 foot evergreens along the south propert y l i n e f o r t h e p f i t z e r which is proposed. In addition, the proponent shall incr e a s e t h e s i z e s o f t h e overstory trees to a 3 caliper inch minimum. Because the scr e e n i n g o f t h i s a r e a i s based primarily upon the landscaping, an irrigation system sh a l l b e i n c l u d e d t o h e l p Insure the survival of the trees. Architecture The existing single family -home on the project site will be r e n o v a t e d a s p a r t o f t h e construction of the new 5,700 square foot, two-level fun e r a l h o m e . T h e p l a n s indicate that the funeral home will be residential in style a n d h a v e t h e s a m e r o o f pitch, windows, siding as the existing home. The primary buil d i n g m a t e r i a l s i n c l u d e facebrick and glass. To add consistency to the project, t h e f a c e b r i c k f o r t h e funeral home is proposed to match the existing chimney. In order to take advantage of existing grades on-site, a tw o l e v e l b u i l d i n g h a s b e e n designed. The basement area will be used primarily for wo r k i n g s p a c e a n d a g a r a g e while the upper level contains a chapel, lounge, offices, a n d o t h e r u s e s a s s o c i a t e d with a funeral home. Transition In a memo dated June 23, 1989, a study of six communitie s r e v e a l e d t h a t f u n e r a l ,omes are allowed as transitional land uses between commer c i a l a n d r e s i d e n t i a l Jevelopments (see Attached). Special requirements ident i f i e d f o r l o t s a d j a c e n t residential land uses include increased setbacks and specia l b u f f e r s t r i p s . T h e k e y to the development of this property as a commercial site w i l l b e i t s a b i l i t y t o transition to the adjacent residential development. The property is 0.95 acres in size and is wide enough to all o w f o r t h e c o n s t r u c t i o n of the building and the required parking while meetin g t h e m i n i m u m s e t b a c k requirements. Because of the residential size and styl e o f t h e b u i l d i n g , t h e required transition would be primarily to the 54 car p a r k i n g l o t . W h i l e t h e transition can be accomplished in many ways includin g i n c r e a s e d s e t b a c k s , landscaping, and/or fencing, the size of the site limits t h e a m o u n t o f s c r e e n i n g which can actually be done. Because of this, Staff is reco m m e n d i n g t h a t t h e p l a n s be revised to depict 8 and 10 foot evergreens and 3 calip e r i n c h e s o f d e c i d u o u s trees along the south property line. Traffic In the traffic study dated December 7, 1988, it was repor t e d t h a t o n d a y s t h a t services are held, the funeral home could generate between 8 a n d 3 2 0 t r i p s p e r d a y (if a funeral and visitation services are held on the sam e d a y ) ( S e e A t t a c h e d ) . Average attendance levels for a visitation service is app r o x i m a t e l y 1 0 0 w h i l e a funeral service would draw approximately 75 people. Based u p o n a n a v e r a g e v e h i c l e occupancy of 2.5, average trips equal 80 and 60 respectiv e l y . T h e s e t r i p s a r e n o t expected to occur during the peak hour of adjacent street tr a f f i c , b u t w o u l d o c c u r .ver an extended peak period (e.g., the hour after the p e a k h o u r ) . T h e r e p o r t Included that the maximum use of the property for commerci a l u s e w o u l d g e n e r a t e approximately the same number of trips on a daily basis as the peak day for a funeral home. MerOus Funeral Home 4 July 21, 1989 'Mete figUres were based on the assumption' that there would be two chapels within the building with seating capacities of 80 and 100. The proposed plans indicate a -seating area of approximately 100 seats. Based upon this figure, it is anticipated that the amount of traffic could be reduced accordingly by approximately 25% to 30%. 'Pedestrian Systems There is an existing 5 foot concrete sidewalk along Terrey Pine Drive which would be _Maintained as part of this project. In addition, with the upgrade of County Road #4, the County will build an 8 foot bituminous path along the left side of County -Road 44. Signage/Lighting No plans have been submitted which indicate site lighting or signage. Due to the nature and location of the proposed funeral home, minimal site lighting would be recommended for this project site and include 20 foot downcast luminars. The only signage anticipated would be a business sign located in front of the project site. A detailed lighting and signage plan must be submitted prior to Council review. Conclusions The Planning Commission must decide whether or not the proponents have provided compelling reasons for changing the Comprehensive Guide Plan from Low Density Residential to Community Commercial. The Guide Plan Change question is not so much 'elated to the balance of land uses in the community or adding more Community Commercial on a community wide basis in this case, but more of the relationship to the adjoining residential properties. In other words, is the size and location of the proposed Community Commercial use appropriate according to standards that minimize adverse impacts on adjoining residential land use. Infill sites that are not consistent with the Comprehensive Guide Plan are difficult to develop in most cases because the sites are much smaller than the minimum zoning requirements and there is not enough room on-site to accomodate development and still provide an appropriate transition to the adjoining residential land use. In this situation, since this site does not meet the 5 acre minimum requirement, the transition must rely solely on landscaping since the setbacks to the adjoining residential properties is much smaller than if the site was a 5 acre minimum. It does not appear that there is a way to modify the current proposal to adequately mitigate the neighborhood impacts with the exception of removing the existing home and redesigning the entire project. . _ Staff Recommendations The Planning Staff presents the following alternative courses of action for Commission consideration: 1. If the Planning Commission feels that the development as proposed is not the appropriate use of the property, one option would be to recommend denial of the request since the Comprehensive Guide Plan Change has not been substantiated, the size and use of the property is inappropriate for the location, and the impacts on the adjoining residential neighborhoods are high. Marcus Funeral Home 5 July 21, 1989 2.- If the Planning Commission feels that the proponent has demon s t r a t e d a compelling argument for a change to the Comprehensive Guide Pl a n a n d a r e comfortable with the technical aspects of the project, appropri a t e a c t i o n would be to recommend approval of the Comprehensive Guide Plan C h a n g e f r o m Low Density Residential to Community Commercial on 0.95 acre s , Z o n i n g _ _District Change from RM-2.5 to Community Commercial on 0.95 ac r e s , a n d t h e Preliminary Plat of 0.95 acres into one lot, and subject to the Sta f f R e p o r t dated July 21,1989, revised plans dated July 21,1989, and subje c t t o t h e . following conditions: 1. Prior to Council review, proponent shall: _ a. Revise the landscape plan to depict 8 and 10 evergreens and 3 caliper inch deciduous trees along the south property line. An irrigation system will be required to help insure the survival of the trees. b. An overall signage plan shall be submitted depicting size, color, letter type, and location on the project. c. Provide colors and samples of the exterior building materials. d. An overall lighting plan shall be submitted depicting a maximum pole height of 20 feet. 2. Prior to Final Plat approval, the proponent shall: a. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. b. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, proponent shall: a. Notify the City and Watershed District at least 48 hours in advance of grading. b. Pay the appropriate Cash Park Fee. 4. Apply for and receive variances from the Board of Appeals for lot s i z e , l o t width, and lot depth in the Community Commercial zoning district. VARIANCE #89-42 CITY OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS FINAL ORDER RE: Petition of Marcus Corporation ADDRESS: 7808 Eden Prairie Road, Eden Prairie, Minnesota LEGAL DESCRIPTION: See attached Exhibit A VARIANCE REQUEST: The request is for a variance from City Code, Chapte r 11, Section iul, Subdivision 2, B (1) To permit a lot size of .95 acres. City Code requires 5 acres i n the C-Comm Zoning District. (2) To permit an avera g e lot width of 165', City Code requires 300 1 . (3) To permit an average lot depth of 245', City Code requi r e s 300. The Board of Appeals and Adjustments for the City o f E d e n P r a i r i e a t a r e g u l a r m e e t i n g thereof duly considered the above petition and aft e r h e a r i n g a n d e x a m i n i n g a l l o f t h e evidence presented and the file therein does hereby f i n d a n d o r d e r a s f o l l o w s : 1. Al] procedural requirements necessary for the review o f s a i d v a r i a n c e h a v e been met. (YES X NO ) 2. There are circumstances unique to the property unde r c o n s i d e r a t i o n , a n d granting such variances does not violate the spir i t a n d i n t e n t o f t h e City's Zoning and Platting Code. 3. Variance Request #89-42 is herein Granted N/A , De n i e d X 4. Conditions to the granting N/A, denial N/A, of s a i d v a r i a n c e a r e a s follows: 5. This variance shall be revoked within 15 days after n o t i c e o f f a i l u r e t o meet the required conditions has been given. 6. A copy of this order shall be forwarded to the a p p l i c a n t b y t h e C i t y Clerk. 7. This order shall be effective August 10, 1989 ; however, this variance shall lapse and be of no effect unless the erect i o n o r a l t e r n a t i v e s permitted shall occur within one (1) year of the e f f e c t i v e d a t e u n l e s s said period of time is extended pursuant to the a p p r o p r i a t e p r o c e d u r e s prior to the expiration of one year from the effectiv e d a t e h e r e o f . 8. All Board of Adjustments and Appeals actions are su b j e c t t o C i t y C o u n c i l review. BOARD OF APPEALS AND ADJUSTMENTS BY: ....11-trint &dime& DATED: August 10, 1989 a10 LEGAL: Variance Request #89-42 The East 320 feet of the South 168 feet of that ! part of Government Lot 2, Section 17, Township i 116, Range 22 lying North of a line drawn parallel f to the North line of said Government Lot 2 from a point on the East line thereof distant 511.5 feet South from the Northeast corner of said Government Lot 2, according to the Government survey thereof. Exhibit A 151 MARCUS Real Estate Development CORPORATION August 11, 1989 City of Eden Prairie Attn: Steve Durham 7600 Executive Drive Eden Prairie, MN 55344 Dear Mayor Peterson and Members of the City Council: We would like to request that the Mayor and Council please review the Board of Adjustments decision regarding lot size variances requested for 7808 Eden Prairie Road, the property for which we are representing Carolyn "Connie" Anderson. The variance request number is 89-42. The Board denied our request determining that a hardship did not exist and that the Board did not want to create a precedent (they as a Board, separate from the City Council) they had not yet created. We respectfully submit that we have shown hardship as defined at the City Council meeting considering the Guide Plan, Zoning and Plat items. Sincerely, 21' Mark 0. Senn MOS/bjm 10001 Wayzata Blvd. • Suite 100 • Minnetonka MN 55343 • (612) 593-1177 ( I /II 'f-1 I / fr-( Page 7 e -V -e F. Variance Request #89-42, submitted Marcus Corporation for property located at 7808 Eden Prairie Road, Eden prairie, Minnesota, The request is for a variance from City Code, Chapter 11, Section 11.03, Subdivision 2, B III To permit a lot size of .95 acres. CiirTacie requires 5 acres in the C-Comm Zoning District. (21- To permit an average lot width of —IgL, City Code requires 300'. (3) To permit an average lot depth —Fir7457 ,--City Code requires '. Background The property under consideration for variance request is currently in the development review process and was before the Planning Commission on July 24, 1989 and City Council August 1, 1989. The proposal includes development of a 5,700 square foot funeral home on .95 acres. The site is at the southwest corner of Eden Prairie Road and Terrey Pine Court. The development includes rezoning the property from RM-2.5 to Community Commercial, a Guide Plan change from residential to Community Commercial and associated variances. Please note the Planning Commission Staff Report dated July 21, 1989 in the packet for background information. The Planning Commission recommended denial of the development proposal, finding the use was more Regional Commercial in nature than Community Commercial. The City Council reviewed and approved first reading of the development proposal on August 1, 1989. The Council determined the use and size of development consistant with the adjoining and surrounding properties. Variance Request - The development meets applicable code requirements except for lot size, lot depth and lot width. Variances requested include the following: 1) Lot size of .95 acres, City Code requires 5 acres in the Community Commercial Zoning District. 2) Permit an average lot width of 165, City Code requires 300. 3) Permit an average lot depth of 245', City Code requires 300'. This particular site is an infill site. Infill sites that are not consistant with the Comprehensive Guide Plan are difficult to develop because they tend to be of a smaller lot size than the minimum Zoning District requirements. It is anticipated these types of lots may require variances as they develop. The City Code has different levels of Commercial Zoning Districts including Regional Commercial, Community Commercial and Neighborhood Commercial. Regional Commercial zoning services primarily the Twin Cities metropolitan area, which would include surrounding communities, and Eden Prairie respectively. Regional Commercial services 5 miles plus. Community Commercial zoning services primarily the entire community of Eden Prairie and may include serving surrounding communities respectively. Community Commercial services 1.5 to 3 miles. The major difference between the two Zoning Districts are minimum lot size requirements. Regional Commercial requires 10,000 square feet minimum lot sizes while Community Commercial requires 5 acre sites. Commercial/office Paget:. use may occur within either C-Reg-Ser or C-Comm zoning districts. Larger commercial uses of 150,000 sq ft and above are more appropriate for C-Reg- Ser zoning. The proposed Funeral Home development falls into the Community Commercial Zoning District primarily because of location. No C-Rer-Ser Zoning Districts are located beyond the Major Center Area. Based on the surrounding developed properties at the 4 and 5 intersection which include a mixture of commercial, industrial, office, medium density residential and high density residential land use, the proposed land use is not inconsistant. The proposed .95 lot size is above the minimum lot size requirements for office, C-Hwy and C-Reg-Ser Zoning Districts. The variances required for lot size, lot depth and lot width may have merit for the above mentioned reasons. Conclusion In review of this proposal the following actions and findings have been identified. 1.) Action - The Planning Commission believed the use C-Reg-Ser in nature versus a Community Commercial use. Based on this conclusion the Planning Commission recommended a denial of the project. 2.) Action - The City Council believed the land use was appropriate for this site and approved 1st reading. The Council was aware of the variance associated with the development. 3.) Finding - The mixture of land uses at the 4 and 5 intersection include residential, office, commercial and industrial. The proposed use is not inappropriate land use. 4.) Finding - The variances may have merit in that a Commercial Zoning District with lot sizes less than 2 acres does not exist outside the Major Center Area. 5.) Finding - The Commercial Zoning is consistant with the surrounding Community Commercial use. The Board may choose one of the following actions: 1.) Approve variance request #89-42 as submitted finding: A commercial zoning district classification with a lot size less than 2 acres does not exist outside the Major Center Area. The commercial use is consistant with surrounding land uses. City Council has approved First reading of the zoning proposal. 2.) Deny variance request #89-42 as submitted. ago' 4 VA-40(.ilt- 0 e.:.*o TE 8-/0 - F. Request #89-41 submitted by Eden Prairie Assembly of God for property located at 16591 Duck Lake Trail, Eden prairie, Minnesota, legally described as: See Reverse Side. The request is for a variance from City Code, Chap ter —rIT Section 11703, Subdivision 3, K, to permit a building addition in a Public 5r7iFi District with TUO% wood exterior siding. City c5ae does not permit more than wood exterior siding in the PubliE-aing District. Withdrawn G. VARIANCE REQUEST 89-42 Postponed for 10 minutes in order to adhere to the scheduled time. It was decided to go to the approval of the MINUTES oF JUNE 27 and JULY 13 II. MINUTES OF JUNE 27 and MN 13 MOTION: Akemann moved that the Board approve the minutes of the June 27, 1989 Joint meeting of the Board of Appeals and City Council. Arockiasamy seconded the motion and it passed unanimously. Akemann noted that on page 2 of the minutes for July 13, the square footage in the motion should be 22,000. On page 6, the lotmentiontioned in the second paragraph should be lots A and B (not lot C). On page 9, the first motion passed 4-1. Harvey noted that on page 14 would like the minutes to clearly state that the applicant would be granted one original sign and one additional sign for the entire 150 acres. MOTION: Akemann moved that the Board approve the minutes of the July 13 meeting with the corrections as noted above. Freemyer seconded the motion and it passed 3-0 with Arockiasamy abstaining. G. Variance Request #89-42 submitted by Marcus Corporation for property located at 7808 Eden Prairie Road Eden Prairie, Minnesota, The request is Farr') for a variance from City Code Chapter 11 Section 11.03, Subdivision 2,1 To permit a TC size of .95 acres. City Code requires 5 acres in the C-Comm Zoning District. (7 To permit an average lot width of 165, City 1-14111:: Code requires 300'. ill To permit an average lot depth -af-T4S-r , City Code requires, 300. Mark Senn appeared to represent Marcus Corporation. He explained that this variance request deals with lot size. A funeral home typically is used as a transitional use between commercial and residential. The structure will consist of 5,700 square feet. The proposal has gone through the Planning Commission and the City Council for review. It more than meets most all of the other requirements in the other areas. There havebeen some minor modifications such as additional landscaping. Durham noted that the Planning Commission had first reviewed this item, and they had denied it. Then, it went to the City Council and it had been approved. Harvey asked how many feet were on the west side and the south side from the homes to the funeral home. Senn and Durham answered that on the west the distance was 140'. On the south, the distance was 75-80 feet. Harvey asked if the landscaping plan on the south side had been approved. Senn noted that 6 additional trees have been added over and above what had been approved by the Council. Harvey asked how much of Elim Shores was visible from the funeral home. Senn answered that they had two barriers for screening. There is an existing barrier of deciduous trees and they would plant an additional barrier of 8-12 foot spruce trees. There is a berm already on the site which would be retained. Only the top portion of the Twin Homes can be seen from the funeral home site. Harvey asked where in Eden Prairie there was guided community commercial property. Durham jndicated several sites that were guided community commercial. Freemyer felt that if this request were granted, it would create another parking lot problem. The funeral home itself is not an issue, but there would be too much development for the site. Akemann was concerned that if and when funeral procession came from the funeral home, how would the intersection of Rd 4 & 5 be affected. Senn answered that the only curb cut would be atTerre.Pine Dr. He noted that funeral processions usually originate from churches, and only occassionally from funeral homes. When that does happen, they are police escorted and would proceed to the south. The facility is not designed for expansion. There are 50-60 parking spaces and he could see no problem. If needed, additional parking spaces can be leased from the office buildings across the street. Akemann had questions concerning 11%ional Cannercial or Community Commercial. Durham answered that C Regional Service Zoning requires lot sizes of 10,000 square feet or above. ThezoninR plan specifies that. Community Commercial sites, such as Anderson Lake Shopping Center and the NorthwestRacquetClub serve more of the communit/ r ,..6 must have 5 acres. Neighborhood Commercial would refer to areas such as saip centers. Senn noted that most communities allow funeral homes in any zone through special use permits. Arockiasamy asked about the seating in the proposed facility. Senn noted that the facility is designed to meet the leasee's needs for now and in the future. Arockiasamy asked what would be done if there were more present in the funeral home than the proposed 100 seats could handle. 6 Senn noted that most funerals are held in churches, and some of the smaller ones are held in the funeral home. Visitors to the funeral home typically come over a period of time. He felt there would be few times that the home would need to accomodate 100 people. Arockiasamy said the Board was not here to debate if the funeral home use was appropriate, just to consider the variance. Harvey noted that this was a site of less than one acre in an area that required 5 acres for such a use. This has been guided and zoned 2.5 since 1969. Although guide plans can be changed, the residents of the City have a right to expect it won't easily be changed. This would be a 500% variance and would set a precedent. Senn said that the area was originally single family residential when the home was built in 1930. The home cannot be rented begause of the location on a busy intersection. They had held a neighborhood meeting and they indicated that they did not want multi-family, commercial or office on the site. The applicant is trying to find a way to use the property. The idea that had been accepted the most by the neighbors had been a funeral home. A precedent has already been set in the area when the flower shop on the north side of highway 5 was opened. Harvey commented on the future expansion probabilities. He noted that Senn had predicted 75 deaths a year in Eden Prairie, and although this may be the case now, the average age of residents is in the 40's. As this population grows older, that number will change. Nancy Soman of Ellin Shores appeared and expressed her concerns on the size of the lot. She noted that it was less than one acre when 5 acres were required. There is no room for expansion. oreach of the possible 75 funerals each year, there will be at least 2 days use of the home. Not all will be in an orderly sequence--sometimes there will be more than one funeral at the same time. Even if one has good intentions of scheduling visitations at the home, the needs of the family would have to be met. Many are requesting earlier times for visitation so those who come from work can stop on their way home. Regarding the screening issue, there was an architect present to explain their concerns. George Watson (architect) came forward and showed a sketch indicating the site lines to the home from Elim Shores. Screening of 8' would be needed to screen the first floor, 11' to screen the second floor, and 14' to screen the third floor. An 3' spruce barrier would mean 50% opacity because of the cone shape of the trees. He noted that the landscaping materials at Ellis Shores were adjacent to the structure, and not on the property line. Michael Peterson (lawyer) representing Elim Shores came forward and stated that the hardship is on the proponent to prove the variance is appropriate. If strict enforcement would cause undue hardship, variances could be granted, but there is no undue hardship here. Darrell Westling of Assured Performance, a marketing firm for Ellis Shores, cane forward. He said they wished to establish a policy that would give the residents of Elim Shores the best home possible. He does not feel that a funeral home would be a good choice to have next door. Harvey said that the land use issue cannot be addressed--only the variance. Freemyer asked if the variancewere to pass, what would the hardship be? He could see that the development that has taken place around the property is an issue. Akemann said it would he a hardship created by zoning changes. Arockiasamy felt it could be difficult to find appropriate use for this type of property without disturbing the neighborhood. If it were a 5 acre site, the facility would be much larger with more parking and more use. This situation seems reasonable to him. He added that this type of situation will come up more and more often. Each situation must be looked at separately. Some of the statutes need to he bent, it is not all set in stone. The neighbors have already expressed that they do not want multiple residential there.If the owner has difficulty in developing the site as RM-2.5, isn't that a hardship? Freemyer said the owner can still so to the Ceuncil .and pursue development as RN 2.5. This is a busy intersection and anythingwill have impact. Akemann noted that the building was attractive and the funeral home would be beneficial, but better alternatives are available. Too much is being suggested for the property and the variances requested require a substantial variation from the code. There should be a better use than this for the property. Freemyer noted that the Planning Conmission did vote this down on the basis of C Regional Service versus Community Commercial. Harvey asked,if, when the Council concluded it was a Community Commercial use, they were aware of the magnitude of the variance? Durham said they were aware of that, and felt the use was appropriate. Arockiasamy said he could not vote to deny the variance. He would like to hear more from Mk. Senn. Mr Senn came forward once again and stated that other alternatives have been explored and none were interested in the site for two reasons: 1. Lot size 2. The corner was too busy for residential use. It will be commercial or industrial property on that site. They had been researching and looking for solutions for this site for lk years. There had been traffic studies and neighborhood meetings. The only opposition was Elim Shores. Regarding the regional commercial issue: the area is already that now--Super America, Burger King, etc. The people who own the funeral home will live in the home-- it will be attached. The property is now guided community commercial. They need a second reading on the rezoning and plat. Akemann felt it was an excessive variance and he was not in favor. Harvey felt it was an over-use of the property. Soman noted that there were residents of the area who opposed the proposal and had attended the neighborhood meeting. There had been an inquiry made into the purchase of the property. They at Elim Shores were never notified of the neighborhood meeting. P.M 8 Arockiasamy asked what other possibilities were available for the property. Durham answered office &corrercial would be the two most appropriate uses. Akemann asked if one of those two uses came into being, would variances still be needed? Durham answered if commercial was the use, variances would be needed. For office use, 20,000 square feet was the minimum. MOTION: Freemyer moved that the Board deny variance request 89-42 based on the fact that no hardship was demonstrated. There are other adequate uses available that would not require variances to the impact of these variances. Akemann seconded the motion and it passed 3-1 with Arockiasamy voting nay. IV.OLD BUSINESS None V. NEW BUSINESS A. Sign face memo, dated July 10, 1989 Durham explained that a possible draft change could be expected for the Board's review and comments in the near future regarding an amendment to the City's Sign Code regulations which limits the double faced. signs to no more than 12. Staff is recommending increasing this distance to 18" to give property owners more flexibility in designing internal sign lighting sources and simplifying maintenance. Akeamnn was opposed to the increase as he felt it would only encourage requests for more than 18". Durham noted that the Board could be strict in this area, as an increase would have already been made to 18". Harvey noted that the 18" width would eliminate ghosting. Akemann asked that the Staff provide him with a listing of three signs presently in use that have ghosting and three signs presently in use that do not have ghosting. Akemann felt that there should also be an ordinance restricting the number of residential garage stalls to three or less. Durham noted that code presently states 4 stalls can be allowed. Harvey felt the dock issue should be addressed. Freemyer felt the shore line issue should be discussed. Akemann said some discussion should be given to the issue of when things are brought to the Board of Appeals. Freemyer noted that the City Council needs to work on the same criteria that the Board does. ait4 Elim Shores Where the Unity of Love Cultivates Service August 30, 1989 Mr. Carl Jullie, City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Jullie: This letter is being sent to you to express our continuing opposition to the proposed development of a funeral home on Terrey Pine Drive. We would like to reiterate our reasons for opposition as follows: 1. The proposed .95-acre site has been determined by both the Planning Commission and Appeals Board as being too small for a funeral home. In the past 19 years, 6 funeral homes have been built in suburban locations with an average lot size of 2 acres. 2. The 10 foot buffer strip allowed for planting of trees does not allow for adequate screening. A site line section prepared by landscape engineers, Brauer and Associates, proves the visibility of this project from even the first floor of Elim Shores. Future residents of Elim Shores who are aware of this proposed development have indicated they will choose apartments on the other side of the building so as not to "have to look at the funeral home." Of the 15 apartments on the north side of the building, 3 will have a view of the lake and proposed funeral home, the remaining 12 will only view the funeral home. We see this as a serious threat to the success of Elim Shores. 3. The extreme closeness of this proposed project on Terrey Pine Drive will be a constant reminder of death to the residents of Elim Shores. Previous testimony has mentioned other retirement communities and funeral homes which were built close together. We are not aware of any built on adjoining property. Apple Valley Rental office 16570 tfiest 79tr Street Suite 4 Eaen Gra:fie. MN 55346 Office 612 934 3105 Opposition to Proposed Funeral Home August 30, 1989 Page 2 Villa Retirement and Henry W. Anderson Funeral Home are 3 blocks apart with other commercial buildings offering other views for the residents. Nile Nursing Home of Minneapolis unfortunately was required to redesign their building so residents of Nile would not see the Henry W. Anderson Funeral Home. Windows were removed and acute care patients who wouldn't be up and about were put in the area which would face the funeral home across the street. The retirement community in Excelsior is 5 blocks from Huber Funeral Home, around a curve, and those residents are only able to glimpse the top floor of the funeral home which looks like a residence. 4. There will be a marked increase in traffic congestion in this area due to larger visitations, services held on the site, and formation of funeral processions to all cemeteries. Eden Prairie is a community of younger people who have greater numbers of friends and relatives who would be involved in a funeral home visitatior. For convenience to these friends and family, more and more families are scheduling visitations between 4:00 and 7:00 p.m. Many funerals are held in churches usually because there is not a funeral home near by. The building of this proposed project would give families a local funeral home in which to hold services. 5. There are alternative uses that would be appropriate for this site; a small office building, or multi-family housing wouldn't require so many variance changes. Before we were aware of the proposed project, Elim Shores had made an inquiry, through a Realtor, regarding the purchase of this site. We feel the $200,000 asking price is high in view of the fact that the assessed value is $77,900. As representatives of seniors who have testified in previous meetings of their strong desire to not be reminded of death on a daily basis, we must oppose the development of the funeral home on this site. Thank you for your consideration of this matter. Sincerely, (Ji William S. Myers President ai6Z ADDRESS: -1491 s7//P647/en, 4/ ‘,1S,4„,f) /707e 50 I 7 .2_171 0 4 l(7ctis Torrey paie..V. NAME: Honorable Mayor Gary D. Peterson Members of the City Council 7600 Executive Drive Eden Prairie, MN. 55344 RE: Eden Prairie Funeral Home We the undersigned and residents of the immediate affected area support the rause of the single family house and development of a funeral home at the Southwest corner of County Road 4 and Terry Pine. We view this as the best alternative for reuse of the property, given the changes in the immediate area. We view this as a good buffer between us and the commercial/ industrial areas and would welcome this quie neighborhood use to our neighborhood. (4)2;;;L p CAlic4cLI4Z, I—h&c / 7 /SI 2ct /7155 -6)73 TELEPHONE: °.3 73 V—/74 V 9‘v e)OcK - (--"1 3 1-17Y/ ctIc`i ci3/-1 -‘64/Co ”c4-020/ 93'7-2 920 731 -72 0 Ja46.7/9 127).- 2-1 a 11 917-7 5-3 o cuivi divi) tcts,„ Ate'" 2/ Honorable Mayor Gary D. Peterson Members of the City Council 7600 Executive Drive Eden Prairie, MN. RE: Eden Prairie Funeral Home We the undersigned support the reuse of the sin g le family house and development of a funeral home at the Southwest corner of County Road 4 and Terry Pine. We view this as the best alternative for reuse of tne property, given the changes in the immediate area. We view this as a good buffer betwoen the residential and the commercial/ industrial areas and would welcome this guie neighborhood use. NAME: ADDRESS: TELEPHONE: -7d,2 fs,--3/ _ ce) v:27- -7410 trikrzo INN 75-3-6 " 9,5)/3 NoK 9-•k0 aL r)--e2.1(12Li zo g Qs/. 9.7- 753/ czi 14,44-7 93 y -6 z 3) fil/% r7 s-qr d_tt, 2 '99 ?.ak c,e4 9 68 - 61 -?j1 7a6 ij Cdthel,c. q et-e) - 04-46 P-1 D30 Rk_Ct ./. . 937 - 1095 /4,-2 214* 934-76f/ No,* eah-tie z), /1 7 g 7 - trt 914-W11 &6-70 -1-6,re ri;pr SkOkl,t , WITT-orotlf94 a'n41 T r vi C C.71 F ir;s1 -ed (437-1606 ADDRESS: TELEPHONE: 7,37..2gey 2-7o , r:444-3 7 5' 7 - .g_i oo ."7: 3=2 R7o c—c/4..).?-a.c..ret..„Wcar.1 137 - aFF4 /A ....Che=e eP NAME: _ 14;g43. /‘.1 /62,ezeirt__ _ 0-celo= / 7802 leye,, 0 4. - Len 73 s",9, 937- .1 7 6 eh„;.4., 9Z7 - j_SCR/ Sufrverte 1j1---Stow ,aeL,, EP /2 /V '591_ V -6 6 ---10/A/ bb tt —EEdd et vo ee„ kip'? Honorable Mayor Gary D. Peterson Members of the City Council 7600 Executive Drive Eden Prairie, MN. RE: Eden Prairie Funeral Home We the undersigned support the reuse of th e s i n g l e f a m i l y h o u s e a n d d e v e l o p m e n t of a funeral home at the Southwest corner o f C o u n t y R o a d 4 a n d T e r r y P i n e . W e view this as the best alternative for reuse o f t h e p r o p e r t y , g i v e n t h e c h a n g e s i n the immediate area. We view this as a good b u f f e r b e t w e e n t h e r e s i d e n t i a l a n d the commercial/ industrial areas and would w e l c o m e t h i s g u i 4 ' n e i g h b o r h o o d u s e . ,7 /6/- -74vgn #?a, fie 93 >. >,12 A/4 fne" _62 ci37-924 -7 Ce-1,1-4' lsal ‘91 Has% autui zir. ezt 4',7o ir 3 fc C 7, 49DDPESS: !432.. 14? aCrj Ct KL 43'4zr 74ee /c7 5 0 1/1=4.ci 7 iek. - I /5-70 0 _ q 37- Oirqg. aa4 ;t-Pt S LjOh.b,9?-6 cO gW-," /5‘0/ ,S1,MM PI- Ph 9 3 7-1 1G 5- 7., /036/ &dam $7. 9e- r/7thi/P1 -424 71-0Y vairlse-o , ct7??1,7a, guQu L3X ii LWg (1-46k .e.C( 9W- /0- „41,La"...J.cats9- r Xern4g_e2C2 , (.0-2 r-24-(4 khvidokiliA/ (LC\Alits-Rn 723Y Pr0,41 L VW. • 2.29 ,4 Pi"0.1.0 42 1r; ve, CI 31 -algal it,cga 1:volkt..76-elf -Iv.. EP. magovii# zItle Alte 44 ieR f:147/4zee 7/7/Y1 a--Y• 79,Wedem,g4;,4Zi2 9,31440 7-85/r7 6 S1wv,I..k( (1..--te. 9'37- (76 7 ggo(0,7ew..0 • 93 -I oef ‘I ja Cer.)snr_Lect9318 949- oe4(0 937— 9.7_? "?37— grrt q3 -1 - V174 /6317,9 84,11 EDE', PAA,R(4. /0. deeLef Ysif- sib z z_ y3 7 _ S 3 / , Agf lY / IM /t3ii g ApItiquu-`ritALI Li(ôf 7",,i 4 (c___ 04 -0 cL.a I zI Honorable Mayor Gary D. Peterson Members of the City Council 7600 Executive Drive Eden Prairie, MN. RE: Eden Prairie Funeral Home We the undersigned support the reuse of the single family house an d d e v e l o p m e n t of a funeral home at the Southwest corner of County Road 4 and Ter r y P i n e . W e view this as the best alternative for reuse of the property, given t h e c h a n g e s i n the immediate area. We view this as a good buffer between the resi d e n t i a l a n d the commercial/ industrial areas and would welcome this quid neigh b o r h o o d u s e . KIN-Jr".a- •-•• MEMO TO: City Council FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: August 31, 1989 RE: Planning Commission Recommendation on Eden Prairie Funeral Home At its meeting on August 28th, the Planning Commission expressed concern regarding the fact that the City Council did not have the benefit of the minutes from the Planning Commission meeting when the Council reviewed the proposed funeral home. The Commission asked that Council be made aware of their full discussion on the item and that the Council receive their unapproved minutes regarding the funeral home project prior to any additional Council action on the item. The Planning Commission motion of July 24th is as follows: MOTION: Sandstad moved, seconded by Anderson to recommend the City Council denial of the request of Marcus Corporation for a Guide Plan amendment from Low Density Residential to Community Commercial on 0.95 acres for construction of a funeral home based on the following findings: 1. The use was not appropriate for Community Commercial. (The Planning Commission felt that a funeral home should be classified as a Regional Commercial land use rather than a Community Commercial land use.) 2. It was inadequately buffered. (The Planning Commission felt that the 10 foot setback along the south property line area did not provide an adequate transition from the Elim Shores senior housing project to the proposed parking area and funeral home.) 3. Traffic. (Concerns of the Planning Commission included the impact on the intersection of State Highway #5 and Co. Road 14 and traffic congestion which may occur in the peak hours.) AMENDMENT TO THE MOTION: Ruebling moved, seconded by Anderson to add the following finding to the previous list. 4. Potential negative affect on surrounding property. Motion carried 3-2-0, with Dodge and Bye voting "NO" because they did not believe that there would be a negative effect on the surrounding properties. 2/6 71•1 CONTENTS Variance Request #89-36 1.) Memo from Planning Staff dated August 7, 1989 2.) Public Hearing Notice 3.) Application 4.) Application letter 5.) Survey with Proposed Addition 6.) Interior Floor Plan 7.) Exterior Elevation 8.) Construction Details 9.) Final Order 10.) Appeal Letter dated August 4, 1989 11.) Board of Appeals Staff Report 12.) Board of Appeals approved minutes i6,0 -7 MORANDUM TO : MAYOR PETERSON & CITY COUNCIL MEMBERS FROM: JEAN JOHNSON, ZONING ADMINISTRATOR DATE: AUGUST 7, 1989 RE : VARIANCE REQUEST #89-36 The Board of Adjustment and Appeals approved Variance Request #89-36 with amendments. The applicant requested a 11 rear yard setback. The Board approved a 17' rear yard setback. City Code requires a 20' rear yard setback. The Board felt a 20 foot addition is larger than the typical 14 X 14 + foot deck or porch that is built onto most homes. The Board considered the shape of the lot as a hardship, but could not approve the degree of variance being requested. Therefore, the Board approved a modified variance requiring the addition to be 17 feet from the rear lot line. This allows an addition 14 feet X approximately 30 feet. JJ:mmr/VR8936 CITY OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS NOTICE OF PUBLIC HEARING REGARDING VARIANCE REQUEST #89-36 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Board of Appeals and Adjustments will meet at the following time and places: 7:30 PM Thursday, July 13, 1989 At the Council Chambers, 7600 Executive Drive, Eden Prairie City Hall, Eden Prairie, MN 55344 to review and consider the variance request #89-36, submitted by Bradley P. Kuyper for property located at 16534 South Manor Road, Eden Prairie Minnesota legally described as: OFR— MEE ETImber Criii— Woods nd Addition. The request is for a variana-Fom CITY-Tode Chapter (7•naiiii---11,_1752. Subdivision 2 -7s. to-fTFTRITa-dia addition 11' from the 5.7—f6k line. City. Code requires -70'. Written or oral comments relating to this variance request will be heard at this meeting. Said variance application is on file for public review at the Planning Department at Eden Prairie City Hall. Published in the Eden Prairie News June 28. 1989 City of Eden Prairie PLANNING DEPARTMENT 41 I Variance f Receipt #_ ( APPLICANT'S NAME: ADDRESS: PHONES: CITY OF EDEN PRAIRIE VARIANCE REQUEST APPLICATION , A' rot/ P, Ki yper A44,10,, kl ea. Work S').:30 -7.37g Home 9_;7 - 5206 REQUEST FOR VARIANCE AT: iCc -i m .", ks2 LEGAL DESCRIPTION: Lt7 P.1 , glokik C„ot (e„li FEE: A) $75.00 - Residential - (includes building additions, decks, and Code interpretations) 8) $125.00 - Other - (includes variances associated with office, industrial, commercial property and variances associated with new development/construction) d'eve,, Ir. 4 ( Residential - 8 1/2" x 11" survey showing lot lines and setbacks of existing and proposed TITF4T-iTrTil location of buildings on adjoining properties. Also show building elevations, arLfiitectural floor plans, and pertinent topographical features such as trees, fences, berms, steep slopes, ponds, roads, and existing and proposed elevations, which have bearing on the variance request. 2) Other - 8 1/2" x 11" survey showing lot lines and setbacks of existing and proposed structures. Where surveys are larger than 8 1/2" x 11", 7 copies of site plan folded to 8 1/2" x 11" will be required. Also include landscape plan, pertinent topographical features such as trees, fences, berms, steep slopes, ponds, roads, and exiting and proposed elevations, which have bearing on the request. 3) Letter addressed to Board of Adjustments and Appeals, explaining nature of variance request and reason(s) why conformance to the literal provisions of the City's code would cause hardship. tx.24.4.0LA:9- Fee Ownerrt Signature (Land Owner) Notes to Applicant: 1. The Board meets on the 2nd Thursday of the month, 7:30 p.m., City Hall Council Chambers, 7600 Executive Drive, Eden Prairie, Minnesota 55344 2. Applications must be filled, no later than 2nd Thursday of the month previous to the meeting date. 3. Notices are published in the Eden Prairie News and mailed to property owners within 500 feet. Applicants are encouraged to personally contact adjacent property owners, prior to the hearing, in order to explain the variance and to be prepared to address their concerns at the hearing. **NOTE: SUBMIT 9 COPIES FOLDED TO 84" X 11" OF ANY SITE PLANS OVER 84" X 11' REASON FOR VARIANCE: PrIN,Ic e k Cp yli e,s wiT4in 14P rear ICT 110e, Submission Requirements: June 6, 1989 Bradley and Bambi Kuyper 16534 So. Manor Road Eden Prairie, MN 55348 Dear Board of Adjustments and Appeals, We are requesting a variance that would allow us to build a deck that would come within eleven feet of our rear lot line. The reason the deck will come so close to the lot line is that the rear of our house is only 31 ft. from our lot line. This means that if we were to comply with the 20 ft. standard setback our deck could extend only eleven ft. from our house. The deck we would like to build would be attached to the main floor of the house in the rear where a sliding glass door already exists. There is not any other location on our house where we could build and still have access to this door. The portion of the deck that would extend 20 ft. would be converted to a screened porch in the future. We have discussed our plans with all of our neighbors behind and to the sides and none of them have any problem with it. Sincerely, Lar Bradley Kuyper A119 Exiai'sns House. .9 owl Dro.ina.3a. 6- r Ettsem\.n+ 15.0 .315. -9•74:4 1 I\ 6 *2431 SATHRE-BERGOUIST, INC. 106 SOUTH 11110ADWAV • WAYZATA. MN E EE EE NO NE 6116 164060 6,7.34 .5. MAN0/7 WO. • NOTICE • • 11,••11 fork! \wily elevalk...4 •n4 11/viC“ prizy 14 d,sr.4 1r fooling, toilJer /wow,: /11...r .. rvo;bility ler problems :.• 1...!..de 10 th.V:. ..• 5 01/ 941.10 .84—N78. '291.4 '42,00= 2c o Denotes Iron Monument X000.0 Denotes Existing Elevation 1000.01 Denotes Proposed Elevation Denotes Direction of Surface Drainage ROAD g 943.6 Proposed Top of Foundation Elevation = 944.7 Proposed Garage Floor Elevation = 944 Z Proposed Lowest Floor Elevation = 936 o I hereby certify that this is o true and correct representation of a survey of the botindaries of: Lot 14, Block 5, TIMBER CREEK WOODS 2nd ADDITION • ,, And of 011 - ocat ion of all build'ngs, if any, thereon, and all visible encroachments, if 1 D L 0), iii [1 ,i.,' i c rtlinepin County, Minnesota 131DG. D::"1 11 or on said lanA;!As sur,yeed .by methisllth d5IY of June 1987 ..„. 'CITY C )VL I rr,. :: [-Ii .'./ t; Ir . 1 " ‘ ' ' ' • xi';Thomas S. Berm I st f, Registered Land Surveyor, Minn. Lie. No. 7725 ny, from ID- CERTIFICATE OF SURVEY for . THE ROTTLUND COMPANY, INC, )01, woad/ ' IgIfJor NI. 1 A1d rtIV Z-g r . • I "."11-:.3.C.:-1 7?Nl i 1..rvl 01'1114 111 Ectigurg '11 •s; • • • 11.4.. • • .ft••*••••• joists in this section will be spliced (over- lapped) over center bea 20 ft. _ 3 ft. stairum triple 2"x10" 'V 14 ft. t — triple 2 9 x10" 19' All posts 6"x6" 41, 8 ft. 7 ft. 7 ft. a n? Note: 14 1 x20 1 section may be converted to a three season porch in the future (roof to be gable type) Entire deck to have 2"x6" deckir fill joists to be 2"x10"-12"0.C. • - footings 16"x16"x8" 42" deep O - footings 8" dia. x 12" flar 42" deep triple 2"x10" beam VARIANCE #89-36 CITY OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS FINAL ORDER RE: Petition of Bradley P. Kuyper ADDRESS: 16534 South Manor Road, Eden Prairie, Minnesota LEGAL DESCRIPTION: Lot 14, Block 5, Timber Creek Woods 2nd Addition VARIANCE REQUEST: The request is for a variance from City Code, Chapter ILL Section 11-02 Subdivision 2 B to permit a deck addition 11' from the -L. _L rear lot line. City Code requires 70'. The Board of Appeals and Adjustments for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (YES X NO ) 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and Platting Code. 3. Variance Request #89-36 is herein Granted X , Denied 4. Conditions to the granting X , denial , of said variance are as follows: A 17' rear yard setback must be maintained. 5. This variance shall be revoked within 15 days after notice of failure to meet the required conditions has been given. 6. A copy of this order shall be forwarded to the applicant by the City Clerk. 7. This order shall be effective July 13, 1989; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 8. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF APPEALS AND ADJUSTMENTS BY: , .A—ttAQA.0 DATED: July 13, 1989 a_r 1 7 August 4, 1989 Bradley Kuyper 16534 So. Manor Rd. Eden Prairie, MN 55346 Dear Ms. Johnson, This letter is to inform you that I wish to appeal the decision made by the Board of Adjustments and Appeals on July 13, 1989 concerning variance request 89-36. This variance request was to build a deck within Ilft, of my rear lot line. I have been in contact with Councilman Doug Tenpas who came to my house to look at what I wanted to do. He discussed my request with the other council members at the council meeting on August 1, 1989 and asked me to get it on the agenda for the next council meeting on August 15th. If there is any problem in doing this please give me a call. Sincerely, Bradley Kuyper Work U 830-7374 Home Si 937-5206 g 1 1 9 Page 15 K. Variance request #89-36 to review and consider the variance request #89-36, submitted ta Bradley P. Kuyper for property located at 16534 South Manor Road Eden Minnesota. The request is for a variance from Ci ty Code, Chapter -IT: Section 11.02 SubdivisTOW 2, B, to peT-iit a deck add7an l' from the rear Tat linit—tity Code requires 20'. Background - The property under variance request consideration is located in the Timber Creek Woods 2nd Addition. The addition was platted and zoned R1-9.5 in 1983. A home was constructed on the lot in 1987. The rear of the home is located 31' from the rear lot line. Variance Request - The applicant is proposing to construct a deck which at its closest point, will be located 11' from the rear lot line. City Code requires 20'. (Note Exhibit F ). Alternative - One alternative is to construct a deck which would meet code. A deck of 11' in depth could be constructed. (Note Exhibit G). Should the Board identify a hardship, but is uncomfortable with a 11' rear yard setback, alternatives to lessen the variance request may be appropriate. Conclusion - A deck could be constructed on the property which will meet code and not restrict use of the property. Should the Board approve the variance requested, specific findings need to be identified uniquely qualifying such an action. The Board may choose one of the following options: 1) Approve variance request #89-36 as submitted, identifying unique circumstances supporting the approval. 2) Approve variance request #89-36 with amendments identifying unique circumstances supporting the approval. 3) Deny variance request #89-36 finding a deck may be built and meet code. An 11' deck is not restrictive. No specific hardship has been substantiated. ?xew-ID cFci gerc4a7 Existins House. -71 4 ./ eme,, INC. 008 s , 1 L4 .30 SATHRE-BERGOUIST, . CERTIFICATE OF SURVEY Exhibit F IO 60101411110ADwAY • WAYZATA. MN 55301 EEEEE OMT 1124TO11000 4-77 -'1 -98,'77--N89°02: 35 7'1E - 6 1 .1n11, 1 11 1I -7 5 01 ,... ‘7( H 441s7 f ROAD „ :4 3.5 Denotes Iron Monument X000.0 Denotes Existing Elevation Proposed Top of Foundation Elevation: 944.7 1000.01 Denotes Proposed Elevation Proposed Garage Floor Elevation: p44. 2 Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation: o I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 14, Block 5, TIMBER CREEK WOODS 2nd ADDITION "";l• !• : -Ilennepin County. Minnesota L. i i. ti Ill And of -location of all buildings, if any, thereon, and all visible encroachments, if gny, from or on said lorldz As luri veed .by me 1177ls 11th 7:: June .(11 -tt 1987 •• rPi til \ IV: \ -4 7.1 :1 Propoe< 1 1 A ; I I 41. \ Z rt co 1 s as,In -, x Ul 1.4... i us . .... 44 (944.22 3.1 I // 7.4si • 7)" 1[1 7 7 CIA:. \ :4 ••••n.. 4 1 .......,.. , 1 VII: '3'2,tql76e. Do;c. 4.1%? 264.8 4.. OK by: CK -A178.3272 .. 49 , 12 ' 77":'-'4228,9) 1 9433 4.1 t 5.4,•2e f r Dro.ina.3e. 4 Ut\ili r Eissern\mt .7.7i4 KO 43/45,:, \ ,9386 n 40.1 \N, NOTIC( s1,11 Ilr vcrify P• 4 on4 woo, U. raj:4 ic. ci tvadct at!tonn to, plobleml V.,!we cps .2 , .• 11 N o R Fr .11;;,: ;Thomas S. Bergquist Registered Land Surveyor, Minn. Lic. No. 7725 II I':30 CERTIFICATE OF SURVEY SA THRE-BER GOUIST, INC. , 106 SOUTH BROADWAY • WAYZATA, MN $13111 TELEPHONE 612.476.6000 I MO' 128 9.0 Exhibit G 4• :461 tt t '513.77'" -"Nerd 35)E- —1 zo` • ••6534 5. P•74,v04. p • N311C1 • skit lirld vtrify elo,Ari,as H. • , TerWer end sif•eict, chir..its• forging, folder worn:: til.....c.rans;trilily lot probkm, 1.. 1.:.!ure {krt. o tiS C. 3.0 - 41.64- Om. 1 on 141 rt. A (944.0 e.r. 1.3 wotor hc;rn.e- 17-6.) f'11:3,-2,•-.17.16 Dote 4713 I OK Dy: : • Cy(1 5 0ter H 94I f ROAD • g 943.0 0 Denotes Iron Monument X000.0 Denotes Existing Elevation . Proposed Top of Foundation Elevation: 944 ,7 1000.01 Denotes Proposed Elevation Proposed Garage Floor Elevation: 944• Z Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation = I hereby certify that this is a true and correct representation of a su r v e y o f t h e b o U n d a r i e s o f : Lot 14, Block 5, TIMBER CREEK WOODS 2nd ADDITION 1. P 1 L• :! nnepin County, Minnesota 1 DWG. Dii"1 I And of Ittie location of all buildings, if any, thereon, and oll visible encroachments, if or on said land "As lurveyed by me this 11th doy of June„ 1987 '.cITY CA.i" - S• ;Thomas S. Itergquist •94 9 29 -R=422.,fp) a' 54 1 26' n NoR Registered Land Surveyor, Minn. Lic. No. 7725 ny, from 14 Travelle said they would forgo the sign at Pioneer Trail and Mitchell Rd. (the 24 sign). They have studied this very carefully and it is not a whim. Bozonie said he liked the sign, but it could be 3/4 of the height and 3/4 of the width. Harvey asked if there were two area identification signs allowed on the 1st platt or the entire 150 acres. Travelle said there would be no more significant signage. The collector street is Mitchell Rd. No road systems have been developed as yet or lot configurations laid out. This sign would be the master signage for Boulder Point. Anderson noted the following from the Staff report: Lonaitions: No additional Boulder Pointe signs within the 150 acre PUD be permitted except for a 24 square foot sign at the Pioneer Trail entrance to Boulder Pointe. Travelle said more signage may be needed at the Twin Home section of the development. Bozonie felt that the liked the sign, but not the size. Akemann said he was in favor of the sign, but saw no hardship. He liked the idea of a trade off, but not for just one sign. Possibly there should be an ordinance change. Harvey said he had a problem with large signs unless something is given in return-and one sign is not enough. He asked Travelle if he could live with one other sign at the Twin Home section besides the one being proposed. Travelle answered yes. Akemann said he was undecided--according to the code there was no hardship. MOTION: Anderson moved that the Board approve variance request 89-35 under the conditions that there be no additional signage within the Boulder Point addition be permitted except one additional sign up to 24 sq. ft. (area identification sign) to be located at the developers discretion. Freemyer seconded the motion and it passed 3-2 with Bozonie and Akemann voting nay on the grounds that no hardship was demonstrated. (One original sign and one additional sign granted for 150 acres) S Anderson added that the City should look into a modification of the PUB rules so issues like this do not come before the Board. This should be a part of the PUD. uest #89-36, submitted by Bradley P. Kuyper for property located —7534 South Manor Road, Eden -Prairie, Minnesota, legally descrTER- as: Lot -74- Block 5:Timber Creek Woods 2nd Addition. The request is for a variance from City code, Chapter 71:liEffiTi 11702, Subdivision 2 5:-E ci permit a eckition 11' from the rear lot line. City Code requires. 20'. 15 Bradley Kuyper appeared to present the variance. He stated that the lot was unique as it is perfectly square--the rest are rectangular. As such, it allows only 11 in which to build a deck. Part of the proposed deck will be turned into a porch in the future. Harvey said he felt the size of the request could be reduced. Akenann said he was not in favor of nassing anything this large--possibly a continuance should be granted. Kuyper asked how the Board felt about 16'. Then he asked about 14' by 14. MOTION: Anderson moved that the Board approve variance request 89-36 with modifications: That there be a maximum of 17' setback from the rear lot line, or a total variance of 3' into the rear yard set back area. Grounds for this motion were the unique nature of the lot, the structure creates no negative impact, the lot is square, and the constraints placed on the ability to construct a deck. Harvey seconded the motion and it passed 4-1 with Akemann opposed. L. Request #89-37, submitted by James and Pauline Borucki for ro ert located at 6517 Rowland Roid---EUFF 775-7Te, Minnesota, egally described as Lot St Block 2, Carmel Addition. The request is for a variance from City Code Chapter 11, Section ITTR, Subdivision 2, B., (1) to perm it proposed parcel B—F-1777I7—Ware feet. City Code requires 3 500 square feet in the R1-13:5 Zoning District. (2) to permit the existing structure 177' from the front lot line. City Code requires a 30' front yard setback. to pelt with proposed tract B an average lot width of . City Co e requires 88'. James & Pauline Boucki appeared to present the variance request. He explained that the variance request as tollows: 1. To divide lot 5 into 2 parcels, (A & B), with lot 5 maintaining the existing home. The number of driveways would remain the same. The density of homes along Roland Rd would have only a 1% increase. He asked the Board to consider the following: The sethack from the road. The square footage-- he would need to purchase land and the NE side is part of Carmel Drive (this would be impossible) and the east side is much too steep. If a new home were to be built on the lot, it could not be brought to the lot line to create a crowded situation. It would not create a precedent in the area, because it is a unique situation (being a triangular lot). The variance would be for lot B only--lot A is to code. Johnson explained that this proposal is before the Board prior to the Planning Commission review. A driveway to a possible new home nearby would have poor site lines unless it was placed on the corner of the property. Harvey asked when the Borucki's had acqui ed the property and why they were seeking to subdivide it. All 1:,2.0 Wes: 7b:.St WelshCompanies August 18, 1989 Mr. Steve Sinell City Assessor City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Sinell: We are pleased to present to you the following lease extension proposal for the space located at 7600 Executive Drive, Eden Prairie, Minnesota. As you review the terms noted below, you should know that several recent transactions were signed at $9.00+ per square foot of office area. However, we have reduced the base rate to $8.50 per square foot as an accommodation to a valued tenant who occupies a large portion of the building. BUILDING: PREMISES: TERM: ANNUAL BASE RENT: Edenvale Executive Center Approximately 22,000 square feet of office space. The Term of this Lease shall be for a period of three years commencing March 1, 1990, and terminating the last day of February, 1993. The Annual Base Rent for the term of this Lease shall be set out as follows: For the period March 1, 1990, through and Including the last day of February, 1992, base rent shall be $15,583.33 per month. For the period March 1, 1992, through and including the last day of February, 1993, tenant shall pay monthly base rental in the amount of $16,500. The above quoted rates are base rents only and do not include Common Area Maintenance costs and Real Estate Taxes. Real Estate Development • Constructton • Brokerage • Prowl, management • I nvestment services Mr. Steve Sinell August 18, 1989 Page 2 COMMON AREA MAINTENANCE COSTS AND TAXES: Tenant shall pay their prorata share of Com- mon Area Maintenance costs and Real Estate Taxes based on 19.78% of the building. Tenant shall also be obligated to pay their own utility charges. OPTIONS TO TERMINATE: Tenant may elect to terminate the lease extension agreement after Z4 months by giving the Landlord 150 1DYYtten notice of their intent to terminate. Should the tenant elect this option, the tenant agrees to pay to Landlord above and beyond the monthly rental payments, a penalty of $22,000 which shall be due the first day of the last month of occupancy. However, if the City should decide to relocate to any land parcel owned by Equitable at any time during this lease agreement, the Landlord will release the tenant from the lease agreement with no penalty charges. This proposal is subject to the owner's final approval and completion of fully- executed lease extension agreements by both parties. We would appreciate receiving your acceptance or rejection of this proposal within seven days after the September 5, 1989, City Council Meeting. Thank you for your assistance in this matter. If you should have any questions relative to the information presented above or if you require any additional information, please do not hesitate to contact me at 829-5254. Sincerely, Linda Winer Property Manager LW/kak/8-18.2 Memorandum To: From: Date: Subject: Carl J. Jullie, City Manager Steve Sinell, City Assessor August 28, 1989 City Hall Lease Renewal The original lease has the city paying $14,116.66 per month or $169,399.92 per year in base rent for the period November 1, 1987 through February 28, 1990. This base rent equates to $7.70 per sq. ft. per year. The city paid no base rent for the period March 1, 1987 through October 31, 1987. In addition to the base rent the city is responsible for 19.78% of the Common Area Maintenance and Real Estate Taxes on the property. The attached lease extension proposal has the city paying $15,583.33 per month or $186,999.96 per year in base rent for the period March 1, 1990 through the last day of February, 1992. This base rent equates to $8.50 per sq. ft. per year. For the period March 1, 1992, through the last day of February, 1993, the monthly base rent will be $16,500 per month or $198,000 per year. This base rent equates to $9.00 per sq. ft. per year. We will still be paying 19.78% of the Common Area Maintenance costs and Real Estate Taxes. The city is being billed $15,448.20 Maintenance Costs and $53,721.36 per year for Real Estate Taxes for 1989. The total rental costs for 1989 are $238,569. There is an option to terminate after 24 months with a $22,000 penalty. The penalty is equal to the difference between paying $8.50 sq. ft. and $9.00 sq. ft. for the period March 1, 1990 thru the last day of February, 1992. I've reviewed the confidential income and expense information we've collected from other sources, reviewed the Towle Real Estate Company Office-Showroom/Business Center Report (attached), and have talked with N. Craig Johnson MAI of N. Craig Johnson Appraisals. My review of the confidential income and expense surveys supports the $8.50 per sq. ft. rate but doesn't support the $9.00 rate. The information I have is historical in nature and the surveys don't attempt to ask for proposed rents 3 years in the future. The Towle Office-Showroom/Business Center Report indicates stated rental rates for the 3rd Quarter of 1988 in the southwest suburbs at $6.00 to $10.00 per sq. ft. for office space and average rents of $7.95 per sq. ft. @, I talked with N. Craig Johnson MAI on August 25, 1 9 8 9 t o s o l i c i t his opinion as to "market rent" for our offi c e s p a c e . H e indicated that new leases are in the $8.00 to $9.00 net rent range and that any number in that range would be i n d i c a t i v e o f market rent. He also indicated that the best of f i c e s h o w r o o m spaces have been offered at $10.00 net rent for off i c e s p a c e a n d $5.00 net rent for warehouse space. We are currently negotiating with Equitable L i f e A s s u r a n c e Society through Linda Winer of The Welsh Compani e s f o r a l o w e r rate for year 3 of the extension. We have not received the revised proposal at this time but should have i t b y T u e s d a y September 5th. Linda Winer of The Welsh Comp a n i e s w i l l be attending the council meeting Tuesday September 5t h . SRS/akn attachments