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HomeMy WebLinkAboutCity Council - 02/07/1995 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 7, 1995 7:30 FM, CITY CENTER Council Chamber SM Mitchell Road COUNCH24EM BERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Ric Rosow, and Council Recorder PLEDGE OF ALLEGIANCE ROLL CALL APPOIN AIEW OF COUNCILMEM BER TO FILL TERM THROUGH DECEMBER 31, 1996 ADMUMTER OATH FOR NEW COUNCILMEMBER I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS H. OPEN PODIUM M. MINUTES A. JOINT CITY COUNCILIPARKS, RECREATION & NATURAL RESOURCES COMMMSION/PLANNING COMMISSION MEETING HELD MONDAY, JANUARY 30, 1995 B. CITY COUNCIL MEETING HELD TUESDAY. JANUARY 17, 1995 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT PROCLAMATION FOR VOLUNTEERS OF AMERICA WEEK IN EDEN PRAIRIE, MARCH 5 - 12, 1995 City Council Agenda Tuesday, February 7, 1995 Page Two C. RESOLUTION APPROVING JOINT POWERS AGREENVIENT FOR SOUTHWEST MUTUAL AID ASSOCIATION D. APPROVAL OF PURCHASE AGREEMENT AND OPTION AGREE1VH TT FOR KI N/PETERSON PROPERTY E. APPROVAL OF RECOAMENDATION TO ACCEPT LAND DONATION FOR CONSERVATION PURPOSES F. APPROVAL OF SENIOR CENTER WOODWORK SHOP PUBLIC USE POLICIES G. ADVERTISING SIGN ZONE REMOVAL 2nd Reading of Ordinance No. 2-95 amending Section 11.70 and repealing Section 11.71 H. RESOLUTION APPROVING CEDAR IMU S REGISTERED LAND SURVEY (located north of TH 169 and east of Spring Road) I. RESOLUTION TO PROHIBIT PARING ON CSAH 62 (from CSAH 4 to TH 101). LC. 52-103 J. APPROVAL OF SUPPLEN tgNTAL AGREEIVIIIVT NO. 1 FOR ARCHITECT-ENGINEER SERVICES FOR WELL HOUSE NO, 12, I.C. 94-5356 K. RESOLUTION RELATING TO THE CANCELLATION OF FORFFXMRE RELATING TO TAR PARCEL 01-116-22-31-0027 V. PUBLIC HEARINGS/MEETINGS A. PIONEER RIDGE 2ND ADDITION by R.H. Development. Request for PUD Concept Review on 19.03 acres, PUD District Review on 12.13 acres, Rezoning from Rural to R1-13.5 on 12.13 acres and Preliminary Plat of 12.13 acres into 25 single family lots. Location: County Road 4 and Pioneer Trail. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) VL PAYMENT OF CLAIMS VH. ORDINANCES AND RESOLUTIONS VIH. PETITIONS, REQUESTS AND CONMENICATIONS A. REQUEST FROM TANDEM PROPERTIES FOR THE CITY COUNCIL TO REVIEW THE BOARD OF ADJUSTMENT'S & APPEALS DENIAL DECISION OF SIGN VARIANCE REQUEST NO, 95-062 AND SET HEARING DATE TO MARCH 21, 1995 City Council Agenda Tuesday, February 7, 1995 Page Three IX. REPORTS OF ADVISORY BOARDS_.,, COhD4WIONS & CO + + X. APPOINTMENTS A. APPOINT TWO COUNCILMIIMBERS TO THE HOUSING & SOCIAL SERVICES COM1VIITrEE B. APPOINTMENT TO THE I494 CORRIDOR COM MSSION C. FORMATION OF TREE ORDINANCE STUDY COS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCII.MIIVIBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREAMN & NATURAL RESOURCES 1. Citizen Involvement in Monitoring Development D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Utility Rate Adjustments (Resolution) F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT APPROVED MINUTES JOINT MEETING EDEN PRAIRIE CITY COUNCIL, PARKS, RECREATION AND NATURAL RESOURCES COMMISSION, PLANNING COMMISSION MONDAY, JANUARY 30, 1995 7:00 P.M. CITY CENTER COUNCIL CHAMBERS Council Members Present: Mayor Jean Harris (late); Ron Case, Nancy Tyra-Lukens PRNR Commission Members Present: Diane Popovich Lynch, Bruce Bowman, Richard Brown, Claire Hilgeman, David Kracum, Vicki Koening Planning Commission Members Present: Katherine Kardell, Ken Clinton, Randy Foote, Douglas Sandstad, Ed Schlampp, Mary Jane Wissner Council and Commission Staff Present: Carl Jullie, Chris Enger, Bob Lambert, Stuart Fox, Don Uram, Scott Kipp, Al Gray, Jeff Johnson I. CALL MEETING TO ORDER The meeting was called to order at 7:00 p.m. by Council Member Tyra-Lukens. Council and Commission members, as well as staff introduced themselves. II. DISCUSSION ITEMS A. Possible Revisions to Tree Preservation Ordinance Tyra-Lukens requested Stuart Fox, Manager of Parks and Natural Resources, to provide some background on the rationale for the request to discuss possible revisions to the Tree Ordinance. Fox provided a brief summary of how and why the Tree Ordinance was developed. He also reviewed the legal issues that were considered when developing the Tree Ordinance, and the original concerns of the development community regarding a Tree Ordinance. The Tree Preservation Policy was used for two years before the City was satisfied that it was reasonable and effective prior to developing that policy into an ordinance. 1 The City has reviewed over 70 projects under the Tree Policy and Ordinance. These projects total over 2700 acres of land reviewed under the Tree Preservation Ordinance since 1986. There is approximately 1,300 acres of land that is remaining undeveloped that will be subject to the Tree Replacement Ordinance. Staff also discussed additional rules that have been developed recently that effect development and continue to make development more costly. Those rules and laws include the Wetland Conservation Act, the Shoreland Management Ordinance, and a new NURP standards. Chris Enger referred to the original philosophy behind the ordinance. The City developed the original Tree Preservation Policy in order to attempt to preserve the "woodland character," but still allow development. Fox had done an extensive study of typical woodlands in the west metro area and in Eden Prairie specifically. The majority of our natural woodland areas are either oak/hickory forests or maple/basswood forests. Approximately 70-80% of the trees in our woodlands are less than 12" in diameter. In terms of volume 50-70% of the woods is contained in trees less than 12" in diameter. The 20% of the larger trees provide the mass of the woods, and the majority of the canopy. Staff admitted that the selection of "12" in diameter" as the criteria for a "significant" tree is a very subjective decision. Twelve inches seemed to be the break point in much of the evaluation criteria used by forestry studies. Tree losses went from an average of over 50% tree loss of significant trees before the ordinance was adopted to less than 30% on an average after the ordinance was adopted. Enger pointed out that Eden Prairie was sensitive to tree loss before the ordinance, but every development was determined on a subjective judgement. There was no standard to compare whether or not any development was better or worse than previous developments. The Tree Policy set the first standard. This policy and later this ordinance became the first Tree Preservation Ordinance in the State and as far as we know in the nation. Many other communities have used this ordinance as a model to develop their Tree Preservation Ordinances. Diane Lynch summarized concerns of the Parks, Recreation and Natural Resources Commission. The commission is concerned about the aesthetic value of tree masses of smaller caliper trees and the complete disregard for that value under the existing ordinance. She noted there is no way to replace a 50" caliper tree with ten five-inch trees. She also noted the commissions concern about bonding for protecting the existing trees during development. She suggested evaluating whether or not we can retain the bond for a longer period of time, as some trees take three to five years to die due to damage caused during construction. 2 Bruce Bowman suggested that after seven years of operating under the policy and ordinance we should evaluate it to determine if we can make it better. Bowman noted that a 40" cottonwood and a 25" aspen are significant trees in his point of view. Fox pointed out that the existing ordinance identifies all conifers trees 8" in diameter or greater as significant trees, and all deciduous trees 12" or greater, with the exception of elm, willow, boxelder, and aspen. Hilgeman referred to the site that had 249 trees, but 209 were not considered significant under the ordinance because they were less than 12", or they were boxelder, aspen, willow, or elm. So when the City saved "70 l of the significant trees" we were only saving 21 trees out of 239. Hilgeman also recommended considering a requirement that a percentage of the deciduous trees that have to be replaced should be replaced with the same type of trees that are lost. Dick Brown asked about additional protection to save existing trees on adjacent properties or on the property that is being developed. Enger defended the Tree Ordinance stating that it has worked very well but it can be improved; however, there is a practical limitation as to the ability of staff to protect every tree from every developer. Fox described how developers try to save trees that the City has already counted as lost. When residents see one of these trees dying, they think the developer has broken an agreement; however, the City may have already counted that tree as lost. Katherine Kardell discussed the additional restrictive criteria that has been placed on developers over the last few years and reminded every one of how these additional restrictions add to the cost of development and seriously affect the ability to provide affordable housing within this community. Ken Clinton concurred with Kardells' concerns regarding additional restrictions that might affect development costs and ultimately the cost of housing within the community. Lambert reminded everyone that the Tree Ordinance seems to be working very well and, in fact, some developers that are developing in wooded areas do not have enough space to plant the replacement trees on their own property. This might lead one to believe that the existing policy is working quite well. He also reminded those in attendance that a developer had challenged our Tree Replacement Ordinance several years ago and the City backed off a portion of the requirements, rather than go to court and try to defend the ordinance. Our own City attorney cautioned us that the Tree Replacement Policy comes close to "a taking" if it so restrictive that the developer cannot have reasonable use of his property. Lambert referred to the development that occurred immediately west 3 of Bent Creek Golf Course. Although many residents complained about the loss of the mass of trees in that area, if the Tree Replacement Policy preserved that mass of trees the developer would not have been able to develop on that property at all. Diane Lynch suggested reviewing the ordinance to see what small changes might be considered and what the results of those changes would be on development. The Parks, Recreation and Natural Resources Commission is very focused and Concerned about environmental issues; whereas, the Planning Commission and City Council have to look at issues well beyond environmental issues when reviewing development proposals. The City of Eden Prairie has been a leader in many different ways "let's see how far we can get on changing or improving the Tree Replacement Ordinance" without being overly restrictive on developers. Koening stated that the Tree Preservation Ordinance should include requirements for standards for protecting trees during development. Fox referred to the "Centex Plan" that is often required by the City of developers in wooded areas at this time. Ed Schlampp stated that conifers are much hardier that deciduous trees. He also noted that oak trees "aren't great for lawn areas because you can't grow anything underneath them." He questions how feasible it is to require developers to put fence around all trees during construction. Ron Case noted that if we improve the percentage of significant trees saved during development from 50% to 70% and the significant trees are only 20% of the woods, we have only improved our effort by 4%. He thinks we can do much better than that. Dave Kracum suggested reviewing case law that has occurred over that last eight years regarding other communities' Tree Preservation Ordinances before we make any changes with our current ordinance. He indicated that we should be concerned about regulation versus taking and there are recent issues regarding restrictive regulations and the impact that has relating to discrimination against affordable housing. Enger stated we need to review the ordinance, see what it working, what isn't working, and what we want to do to change it. Council member Lukens suggested the City consider appointing a task force with builders, developers, commission members, and Council members to review the ordinance to see if it can be more effective in preserving the character of our woodlands. The Council will take action on setting up this task force at a regular meeting. 4 B. Establishing a Neighborhood Environmental Watch Program Fox described the rationale for putting this item on the agenda. Diane Lynch summarized the reasons the Parks, Recreation and Natural Resources Commission suggested discussing this issue with the Planning Commission and The City Council. She suggested that a program that would empower citizens to review development proposals might assist the City in managing the number of developments that occur throughout the year. Koening summarized her experience with a development that was occurring adjacent to her home. She did not want the environmental watch program to be "anti development" or cause more work for the City staff. The goal of the program should be to educate developers and neighbors as to the dangers of destroying trees on the site during development and how those trees can be better protected. Hilgeman suggested using neighborhood concerned citizens as the eyes for the City to determine if the developer is actually following the plan as approved. She gave the example of a row of trees within a City park that were cut down by a neighbor in a new development. She is not proposing "an environmental police force" but noted that staff can't be protecting every tree every day. If there was a way that neighbors would have a general idea what was approved and what was not approved and would know who to call directly if there was a concern, the City might be able to save a number of trees that are supposed to be saved and protect streams and lakes when erosion control areas are failing, etc. She suggested that a volunteer from the neighborhood meet on site with City staff to review the development proposal, so they would understand exactly what was approved. Lambert noted that City staff met to discuss this environmental watch concept and had decided that the best method to inform neighborhoods of what was approved would be to send a notice at the end of the development to neighbors to inform them what the Council had approved at the end of the process. That sheet of paper might include a plan for the subdivision that would note if it was a conservation area that would be protected. It would also give estimated times when the development would start and when it would be completed, as well as the telephone numbers of which staff should be called and their telephone numbers when various problems occur on the site. Lambert indicated that the City had a lot of concerns about the liability of implying that any citizen had authority over a development or the right to go on a property and stop development, etc. Staff also were concerned about the length of time it would take to really educate an individual in a neighborhood adjacent to each development in the community so that person would completely understand any development well enough to be the "expert" in the neighborhood on the project. 5 Enger agreed with Lambert that no neighbor should be authorized to walk onto a development site and stop a project; however, he suggested a neighbor could be selected to be trained as the expert on a development and would perhaps save the City a lot of telephone calls if people in the neighborhood could get information from their neighbor. Lynch noted that Lambert's approach and Enger's approach were different and that perhaps staff should draft a program that should be presented to the Planning Commission, Parks, Recreation and Natural Resources Commission, and the City Council for approval. Tyra-Lukens requested the City staff draft a plan and bring it through the commissions to the City Council for approval. III. ADJOURNMENT The meeting adjourned at 9:00 p.m. Robert A. Lambert Recording Secretary 6 MINUTES EDEN PRAIRIE CITY COUNCII, TUESDAY, JANUARY 17, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCII,IEMBERS: Mayor Jean Harris, Ronald Case, H. Martin Jessen,Patricia Pidcock,and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly,and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:35 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XI.A.2. Discussion on Changes at Eden Prairie Center Jullie added Item IV.F. APPROVAL OF 2ND READING OF REZONING ORDINANCE NO. 1-95-PUD-1-95 AND DEVELOPMENT AGREEMENT FOR GALARNEAU/SHADY OAK BUSINESS CENTER,Item IV. G.RESOLUTION NO. 95-15 APPROVING FINAL PLAT FOR SHADY OAK BUSINESS CENTER, and Item IV. H. AUTHORIZATION FOR THE MAYOR AND CITY MANAGER TO SIGN THE ACQUISITION OF PROPERTY FROM SUPER VALU FOR THE FOURTH SITE FOR CITY LIQUOR STORE OPERATIONS. U. OPEN PODIUM M. MINUTES A. JOINT CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMMISSION MEETING HELD TUESDAY, DECEMBER 20, 1994 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the minutes of the Joint City Council/Flying Cloud Airport Advisory Commission meeting held Tuesday, December 20, 1994. Motion carried with Case abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 3, 1995 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the minutes of the City Council meeting held Tuesday, January 3, 1995. Motion carried unanimously. City Council Minutes - 2 - January 17, 1995 C. CITY COUNCIL WORKSHOP HELD TUESDAY, JANUARY 10, 1995 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the City Council Workshop held Tuesday, January 10, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CHANGE ORDER NO, 2 FOR PIONEER PARK C. RESOLUTION NO, 95-12 APPROVING FINAL PLAT FOR LAKE EDENVIEW TOWNHONM (located between Franlo Road and Medcom Boulevard) D. RESOLUTION NO. 95-13 APPROVING FINAL PLAT FOR SUMNIERFIELD 3RD ADDITION(located at the Northeast Quadrant of Dell Road and TH 5) E. RESOLUTION NO. 95-14 DESIGNATING SMTC TRANSIT HUB PROJECT AS MUNICIPAL STATE AID PROJECT FOR THE PURPOSES OF INTERIM FINANCING F. GALARNEAU/SHADY OAK BUSINESS CENTER. 2nd Reading of Ordinance No. 1-95-PUD-1-95 for Zoning District Change from Rural to Office on 7.42 acres, Rural to Neighborhood Commercial on 3.74 acres, Planned Unit Development District Review on 18.4 acres and Adoption of a Resolution Approving Site Plan Review and Approval of a Developer's Agreement. G. RESOLUTION NO. 95-15 APPROVING FINAL PLAT FOR SHADY OAK BUSINESS CENTER H. AUTHORIZATION FOR THE MAYOR AND CITY MANAGER TO SIGN THE ACQUISITION OF PROPERTY FROM SUPER VALU FOR THE FOURTH SITE FOR CITY LIQUOR STORE OPERATIONS Jullie noted that the acquisition for the city liquor store is 1.77 acres on the Cub site at a cost of$7.00 per square foot. Case asked if the Council had previously approved the construction of another liquor store. Harris said the Council has reviewed this issue in workshop sessions and that the purchase of the property does commit us to some degree. The consensus was to put the discussion of City liquor stores on an upcoming workshop agenda. MOTION: Pidcock moved, seconded by Case, to approve items A - H on the Consent Calendar. Motion carried unanimously. City Council Minutes - 3 - January 17, 1995 V. PUBLIC HEARINGS/MEETINGS A. HARTFORD PLACE RETAIL AMENDMENT by Ryan Companies. Request for PUD Concept Amendment on 22.3 acres, PUD District Review on 22.3 acres, Zoning District Amendment in the Commercial Regional Service District on 22.3 acres, Preliminary Plat of 22.3 acres into 4 lots and Site Plan Review on 22.3 acres. Location: Prairie Center Drive and Prairie Lakes Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) MOTION: Jessen moved, seconded by Pidcock, to close the Public Hearing; and to return the development plans to the proponent without prejudice. Motion carried unanimously. B. CHALLENGE PRINTING by Challenge Printing. Request for Zoning District Change from Rural to I-2 on 2 acres, Zoning District Amendment within I-2 District on 4.52 acres, Site Plan Review on 6.52 acres, and Preliminary Plat of 6.52 acres into 1 lot. Location: 7540 Golden Triangle Drive. (Ordinance for Zoning District Change and Zoning District Amendment and Resolution No. 95-16 for Preliminary Plat) Dave Bangasser, representing proponent, reviewed the project, noting that this is the same plan as was approved in 1993, except that the expansion has been increased to 72,000 feet. Enger said the Planning Commission recommended approval of the project on a unanimous vote at the December 12th meeting, subject to the recommendations of the Staff Report of December 9, 1994. He said the variance that is required for the project was approved by the Board of Appeals at their January 12, 1995 meeting. The Parks Commission did not review the project. Bangasser said they discussed the issue of revising the grading of slopes greater than 3:1 with Staff after the Planning Commission review, and reached agreement to work with Staff to establish approved means of vegetation on slopes greater than 3:1. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of an Ordinance for Zoning District Change from Rural to I-2 and Zoning District Amendment within the I-2 District; to adopt Resolution No. 95-16 for Preliminary Plat approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the change regarding 3:1 slopes agreed upon by proponent and Staff after Planning Commission approval. Motion carried unanimously. City Council Minutes - 4 - January 17, 1995 C. METRO PRINTING by Metro Printing, Inc. Request for PUD District Amendment on 20.15 acres, PUD District Review on 7.675 acres, Comprehensive Guide Plan Change from Office to Industrial on 7.675 acres, Zoning District Change from Community Commercial to 1-2 on 7.675 acres and Preliminary Plat of 20.15 acres into 2 lots. Location: Equitable Drive and Valley View Road. (Ordinance for PUD District Amendment, PUD District Review and Zoning District Change,Resolution No.95-17 for Comprehensive Guide Plan Change, and Resolution No. 95-18 for Preliminary Plat) Dave Bangasser, representing proponent, reviewed the project that will be developed in two phases in the Edenvale Corporate Park. He outlined the changes made to the project after review by the Planning Commission. Councilmembers questioned if the NURP pond for this project is located within the floodplain and if NURP ponds are permitted to run off under certain conditions. Bangasser said this NURP pond is not located in the floodplain, nor is it in a wetlands area. Lambert said that standards for NURP pond runoff allow runoff after a 2.5 inch rainfall or greater. Councilmembers expressed concern about setting precedent in the location of the NURP pond. Lambert said the majority of the discussion at the Parks Commission review of the project dealt with the construction of the NURP pond within a conservancy easement. He said their approval was contingent upon the restoration of the slope and plant material. Enger said the Planning Commission also discussed the point about the NURP pond; however it does meet the national standards. He said they had discussed the changes to the western elevation that Mr. Bangasser reviewed. The Planning Commission recommended approval on a 6-0 vote at the December 12, 1994 meeting, subject to the conditions of the Staff Report of December 9, 1994. Lambert said the Parks Commission reviewed the project at their December 19th meeting and recommended approval, subject to the recommendations of the Staff Report, on a 5-1 vote, with Bowman opposed because of his concern with the location of the NURP pond. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Pidcock, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Amendment, PUD District Review, and Zoning District Change from Community Commercial to 1-2; to adopt Resolution No. 95-17 for Comprehensive Guide Plan Change; to adopt Resolution No. 95-18 for Preliminary Plat Approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes - 5 - January 17, 1995 D. BROICH ADDITION by Robert and Jean Broich. Request for Preliminary Plat of 3.21 acres into 2 lots. Location: 9041 Sunrise Circle. (Resolution No. 95-19 for Preliminary Plat) Mr. and Mrs. Broich addressed their proposal. Enger said the Planning Commission reviewed the project and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of December 9, 1995. The proposal was not reviewed by the Parks Commission. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt Resolution No. 95-19 for Preliminary Plat approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. E. CEDAR HILLS REGISTERED LAND SURVEY by Lynn L. Charlson. Request for Preliminary Plat of 196.27 acres into 4 tracts. Location: Spring Road. (Resolution No. 95-20 for Preliminary Plat) Enger said this request for registered land survey was precipitated by the City's proposal to acquire land from Mr. Charlson on the Minnesota River bluffs. He said the Planning Commission first reviewed the request at their December 12, 1994 meeting, and then recommended approval at the January 9, 1995 meeting, subject to the recommendations of the Staff Reports of December 9, 1994, December 21, 1994 and January 6, 1995. The Parks Commission did not review the request. Councilmembers expressed concern about the issue of billboards brought up at the first Planning Commission meeting. Lambert said that issue was the reason for continuing the request to the January 9th meeting. He said Mr. Charlson has agreed that, if the land changes hands or any part of the land is developed, he will agree to terminate the lease for the billboards and, further, that the lease will be for one year at a time. Pauly reviewed the legal issues concerning billboards, noting that the next item on the agenda addresses the issue of billboards. There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing; to adopt Resolution No. 95-20 for Preliminary Plat Approval; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes - 6 - January 17, 1995 F. ADVERTISING SIGN ZONE REMOVAL Ordinance amending Sec. 11.70 and repealing Sec. 11.71. Jullie said the proposed amendment will eliminate from the Zoning Code the existing Advertising Sign Zone which could possibly provide a future opportunity for additional billboards within the City. Councilmembers asked for clarification regarding the sections of the Zoning Code that were included in the packets, as it was not immediately clear which sections would be affected. Jean Johnson reviewed the sections of the code that will be amended and showed the present locations of billboards along 169 and 494 on a map. Councilmembers expressed concern about billboards that are on the Southwest Metro benches and about the statement that the purpose of billboards is to distract drivers which then causes a safety hazard. Enger said Southwest Metro Staff has asked the City to pursue the bench billboard issue as not being permitted on City right-of-way. He said the owner of the sign company has asked to appear before the City Council. Mike Cronin, representing Naegele, said they agree that the billboards in the river corridor are in the wrong place and that they have tried to find a place to relocate them. He said he disagreed that billboards create a distraction and are safety hazards, noting that a similar distraction occurs with the use of car phones, radios, etc. J. D. Martinez, representing the Hennepin County Prevention Center, said they are concerned with the content of billboards, especially advertising of liquor and cigarettes or advertising that promotes violence. Basil Wissner, 8293 Mitchell Road, said he was concerned about the lack of signage showing the address of businesses. Councilmembers questioned whether we have any limits on the content of advertising. Pauly said that restricting the content is very difficult. The consensus was to discuss the issue in a workshop session. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; and to approve 1st Reading of an Ordinance amending Section 11.70 and repealing Section 11.71 of the City Code. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Jessen, Pidcock, Tyra-Lukens and Harris voting "aye." City Council Minutes - 7 - January 17, 1995 VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. PRESENTATION BY CHAMBER OF COMMERCE REGARDING RESOLUTION SUPPORTING PROPERTY TAX REFORMS Lisa Sisinni, representing the Eden Prairie Chamber of Commerce, expressed concern about rising property taxes in the state of Minnesota and the adverse effect such increases have on the business community. She asked the Council to adopt the proposed Resolution regarding lowering business property taxes and finding alternative sources of revenue so that the tax burden would not simply be shifted to residential property. Councilmembers expressed concern about the possibility that by helping business we may be hurting the average citizen because the issue of who will pay is not clear. Sisinni said the purpose of the resolution is not to state what the solution should be, but to work on the funding alternatives. MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 95-21 supporting reforms in business property taxes. Motion carried with Case abstaining. IX. REPORTS OF ADVISORY BOARDS. COMNIISSIONS & COMMITTEES A. REPORT OF TOBACCO ORDINANCE TASK FORCE Case said he believed the Task Force was able to bring some closure to the issue and asked representatives of both sides of the issue to present their perspectives. Rob Kesselring, representing the Eden Prairie schools, presented the non- smokers' perspective. He noted that the use of tobacco is a growing problem with teenagers, and that tobacco is a gateway to the use of other drugs. Dave Edquist, representing Super America and other Eden Prairie retailers, said they support the changes regarding displays; however, their concern is that they need to employ 16- and 17-year-olds in their stores, and this ordinance makes it difficult for them to do that. Councilmembers expressed concern about the inconsistency that allows 18-year olds to sell beer but not buy it, thereby sending a message of discrimination against 16- and 17- year-olds. Councilmembers questioned how the audible alarm system would work. Case explained the procedure, noting that this helps those retailers who may have only one employee in the store. He said most of the other stores can have two lines staffed, with one line selling tobacco products and staffed by an adult and the other without tobacco products and staffed by a 16 or 17 year old. City Council Minutes - 8 - January 17, 1995 MOTION: Case moved, seconded by Harris, to direct City staff to prepare an amendment to the City's Ordinance regulating the retail sale of tobacco-related products in the following manner: allow self-service merchandisers/displays only to dispense cartons of cigarettes provided that they: a) are shielded in such a manner as to permit only one carton in a column to be uncovered at any time; b) make an audible alarm when the carton is removed by the customer; and c) are in plain view of an adult employee and no more than a short distance (i.e., four to six feet) from a cash register. Motion,carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Replacement process for vacant Council seat (term to expire 12/31/96) Case said he requested this item at the last meeting because it is important to address the process for filling the vacant Council seat so that the public does not have an incorrect perception of that process. Councilmembers agreed that it would be a waste of time and an extra expense to have another election since we have the results of the recent election to provide the candidates as well as voter guidance for filling the seat. Councilmembers also agreed to not invite applications from citizens at large. MOTION: Case moved, seconded by Pidcock, to adopt the process outlined in Option 2 of the Staff Memorandum of January 12, 1995, except that each Councilmember will nominate one person, and to direct Staff to prepare a Resolution relating to procedures for appointing a person to fill the vacant Council position formerly held by H. Martin Jessen. Motion carried with Jessen abstaining. Councilmembers then discussed the impact of Councilmember Tyra- Lukens' absence at the next meeting. City Attorney Pauly said he believed a majority of the quorum constitutes action, but he will check the requirements. City Council Minutes - 9 - January 17, 1995 2. Discussion on Changes at Eden Prairie Center Case said he has several concerns about the loss of a store of Carson's caliber from the Center. He asked if Staff is pursuing with officials of Dayton's and the Center the issue of putting a Dayton's store in there. Enger said they are trying to set up a joint effort between the Chamber of Commerce and the City to obtain an audience with the upper echelon of Dayton's. He said we might want to pursue other companies such as Nordstrom's that have shown interest in increasing their presence in the metropolitan area. Councilmembers questioned the legal rights the City has to control occupancy of the Center. Enger said the City has no rights as long as the use is permitted. The consensus was that Staff should aggressively pursue all potential avenues to try to attract a Dayton's-type store to the Center. B. REPORT OF CITY MANAGER 1. 1995 Proposed Utilities Budgets Dietz reviewed the Staff memo of January 17, 1995, regarding the 1995 proposed utilities budgets. Dietz said they have adjusted rates on a four- year cycle to maintain some stability; however, they have been drawing down the reserves and now need to increase the rates. Councilmembers discussed what the optimum rate increase would be in order to keep the costs to the consumer as low as possible without causing a continued decrease in the reserves, and whether the Watershed District should help in the costs for the storm drainage and storm water utility study. Dietz said the Watershed District believes they are not an arena where they can guide policy and get involved in permitting. MOTION: Pidcock moved, seconded by Jessen, to approve the 1995 proposed utilities budgets as presented. Motion carried unanimously. 2. Discussion of Utility Rate Adjustment Dietz reviewed the Staff Report of January 17, 1995, which presented the points for discussion regarding water and sewer rate adjustments. Councilmembers discussed the proposed rate adjustments and reached consensus that they would be more comfortable if the figures were available regarding the actual costs and what adjustment will be needed to cover those costs. City Council Minutes - 9 - January 17, 1995 MOTION: Pidcock moved, seconded by Tyra-Lukens, to continue the discussion of utility rate adjustments to the February 7, 1995, meeting. Motion carried unanimously. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. MIDWEST ASPHALT, preliminary review of development and land alteration plans. Dietz said that Mr. Jullie, Mr. Enger and he met with a representative of Midwest Asphalt and they believe some progress is being made. He recommended continuing this item to the February 21, 1995 meeting MOTION: Pidcock moved, seconded by Case, to continue the review of Midwest Asphalt development and land alteration plans to the February 211 1995, meeting. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS Mayor Harris and the other Councilmembers expressed appreciation to Councilmember Jessen for his years of service to the City. Mr. Jullie presented him with a key to the City. XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:05 p.m. CITY COUNCIL AGENDA DATE: ^' SECTION: CONSENT CALENDAR 2-7-95 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance - Pat Solie CLERK' S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MULTI-FAMILY & COMM. ) PLUMBING (continued) AWR, Inc. Nova Frost, Inc. Construct-All Corp. One Stop Plumbing Shop Hi-Tech Installation P M Services Jeff McCall Construction Paragon Plumbing & Heating, Inc. McGough Construction Co., Inc. Michael Peterson Plumbing Stu Peterson Custom Woodwork Steve Pokorny Plumbing Shelard Construction, Inc. Pro Plumb, Inc. Space Construction, Inc. Qualtiy #1 Plumbing & Remodeling United Properties Construction R C Plumbing VSI Construction, Inc. Roseville Plumbing & Heating Weis Builders, Inc. Roto-Rooter Services Company Schulties Plumbing, Inc. PLUMBING South Metro Plumbing & Heating Southtown Plumbing, Inc. ABC Plumbing, Stant Plumbing & Heating A-Trust DBA/Aarons Plumbing Sunrise Plumbing, Inc. Bruckmueller Plumbing Tim's Quality Plumbing, >Inc. Wayne Burville Plumbing Clear Soft Water Conditioning GAS FITTER Custom Plumbing Earl Day & Sons ABC Plumbing Donahue Mechanical A-Trust DBA/Aarons Plumbing EASCO Plumbing & Heating Allied Fireside Franke Plumbing Bell-Air Heating & Cooling Gavic & Son Plumbing Centraire, Inc. Bredahl Plumbing Custom Plumbing H & H Plumbing Del Air Conditioning, Inc. Highview Plumbing, Inc. Donahue Mechanical Hokanson Plumbing & Heating Flare Heating & Air Conditioning J-Berd Mechanical Contractors Fredrickson Heating& Air Conditionin Jerry's Plumbing Gavic & Son Plumbing Lake State Plumbing Hokanson Plumbing & Heating Mike Larson Plumbing Co. J-Berd Mechanical Contractors M & D Plumbing & Heating Jerry's Plumbing Main Line Plumbing, Inc. M & D Plumbing & Heating McQuillan Bros. Master Heating & Cooling N.S. Mechanical , Inc. McQuillan. Bros. Northland Mechanical ,Contractors, Inc. Midland Heating & Air Conditioning ActioulDirection: 2-7-95 page 1 r. DATE: CITY COUNCIL AGENDA SECTION: CONSENT CALENDAR 2-7-95 DEPARTMENT: ITEM DESCRIPIZON: ITEM NO. iim Finance - Pat Solie CLERK' S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEENAPPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. GAS FITTER (continued) HEATING & VENTILATING (continued) N.S. Mechanical , Inc. Superior Contractors, Inc. Northland Mechanical Contractors, Inc. Vogt Heating & Air Conditioning One Stop Plumbing Shop Wenzel Heating & Air Conditioning Paragon Plumbing & Heating Practical Systems WATER SOFTENER Rouse Mechanical , Inc. Schulties Plumbing, Inc. Clear Soft Water Conditioning Snell Mechanical , Inc. Clearwater Systems Southtown Plumbing, Inc. Culligan Water Service Co. Standard Heating & Air Conditioning Robert Hill Company Superior Contractors, Inc. Vogt Heating & Air Condiitoning . SCAVENGER Fenzel Heating & Air Conditioning Elmer J. P6terson Co. HEATING & VENTILATING Rotcr Rooter Services Company Allan Mechanical , Inc. SEPTIC-SYSTEMS Centraire, Inc. Conrad Mechanical Contractors Elmer J. Peterson Co. Del Air Conditioning, Inc. Donahue Mechanical UTILITY INSTALLER I Flare Heating & Air Conditioning Fredrickson Heating & Air Conditioning Highview Plumbing, Inc. Green Mechanical Quickway Excavating J-Berd Mechanical Contractors United Water & Sewer Co. M & D Plumbing & Heating Master Heating & Cooling ON SALE LIQUOR& SUNDAY LIQUOR McQuillan Bros. Midland Heating & Air Conditioning Buca of Eden Prairie N.S. Mechanical , Inc. Northland Mechanical Contractors CIGARETTE Practical Systems Rapid Heating &\Air Conditioning Buca of Eden Prairie Romark, Inc. Rouse Mechanical , Inc. THEATRE Snell Mechanical , Inc. South Metro Plumbing & Heating Eden Prairie Movies IV IStandard Heating & Ai,r Conditioning Eden Prairie Movies V AcdonlDi ecdo= 2-7-95 page 2 DATE: ESP, CITY COUNCIL AGENDA SECTION: CONSENT CALENDAR 2-7-95 DEPARTMENT: ITEM DESCRIPTION:. ITEM NO. Finance - Pat Solie CLERK' S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. TYPE A FOOD Cub Foods Jerry's New Market Lunds, Inc. Rainbow Foods, Inc. TYPE B FOOD Eden Prairie Florist Mr. Movies #26 The W. Gordon Smith Co. TYPE C FOOD Brooks S re ro ks upe tte # 51 PDQ Food Store PRIVATE KENNEL Marc & Ngncy Yahn Acdon/Direetion: 2-7-95 page 3 l PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the Volunteers of America, a human service organization, is celebrating its 99th year of service to the people of Minnesota and the nation; and it is therefore certainly appropriate for the City of Eden Prairie to join in the observance of this milestone with the commemoration of March 5 - 12, 1995 as Volunteers of America Week; and, WHEREAS, the Volunteers of America is making a valuable contribution by providing services to adults and the elderly in Minnesota: 6 homes for mentally disabled, mentally ill, chemically dependent and/or elderly adults; congregate dining for seniors at 45 sites in Anoka and Hennepin Counties; transitional housing for women and their families in six counties; home-delivered meals for persons 60 years of age and over; semi-independent living services and supported living services; 3 housing complexes for families, the handicapped, and the elderly; and 4 long-term health care facilities; and, WHEREAS, the Volunteers of America provides services for children and youth: a children's daycare, programs serving autistic, autistic-like, and/or developmentally disabled youth; children's shelters; in-home services; 52 foster treatment homes and correction group homes, a residential treatment center for emotionally handicapped boys; a specialized behavioral program for boys with severe problems; short-term after care for youth with special needs; and, WHEREAS, the Volunteers of America provides 2 correctional services: a pre-release and work- release correctional program serving men and a jail, workhouse and work-release correctional program serving women; and, WHEREAS, the Volunteers of America, through its dedicated staff and volunteers and the many people who help support their work through financial contributions make a significant impact on the lives of people in Eden Prairie; and, WHEREAS, the Volunteers of America is commemorating its founding in 1896 and urges others to join them in bridging the gap between human needs and the resources of the public and private sector; NOW, THEREFORE, BE IT RESOLVED, that I, Jean L. Harris, Mayor of City of Eden Prairie on behalf of the City Council, do hereby proclaim the week of March 5 - 12, 1995 as VOLUNTEERS OF AMERICA WEEK IN EDEN PRAIRIE AND, BE IT RESOLVED, that copies of this proclamation be forwarded to the Volunteers of America as evidence of out esteem. Proclaimed this 7th Day of February, 1995. Jean L. Hams, Mayor DATE: CITY COUNCIL AGENDA February 7, 1995 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Fire -- Spencer Conrad Amendments, Joint & Cooperative Agreement for Admin -- Craig Dawson Southwest Mutual Aid Association (Resolution) IV. C Requested Action: It is recommended that the City Council adopt the Resolution approving the amendments to the joint and cooperative agreement for the Southwest Mutual Aid Association. Background: The Southwest Mutual Aid Association is a 14 jurisdiction cooperative for the use of fire personnel and equipment. It includes 12 cities, the Metropolitan Airports Commission, and Veterans Administration/Fort Snelling. It has operated for many years with its original joint powers agreement. A rewriting process to simplify the agreement and to ensure that it was updated to reflect current law and legal responsibilities began a few years ago. A draft, facilitated by the Minnetonka city attorney, has been reviewed by the legal counsel of the various jurisdictions and by the fire chiefs. Following the attorneys' review and advice, the fire chiefs met last month and recommended that the governing boards approve the amendments to the agreement. A memorandum from the Minnetonka city attorney discusses the major issues encountered during the revision of the agreement: * The Veterans Administration/Fort Snelling is excepted from a general indemnification provision as federal law prohibits the VA from this arrangement. * The existing agreement requires unanimous approval for changes to the agreement. The proposed agreement would allow amendments by three-quarters of the membership. * A member could be removed by three-quarters of the members for failure to comply with the agreement or to pay the member's share of costs. Under the agreement, a department may ask another member for personnel or equipment to assist in responding to an emergency. The responding member has discretion about whether and to what extent to send assistance. Responding personnel and equipment are under the direction of the department asking for assistance, and that party assumes liability. The responding personnel/equipment may be recalled by their chief at any time. Supporting Documents: * Resolution * Memorandum from Minnetonka City Attorney * Proposed Agreement CITY OF EDEN PRAIRIE Hennepin County, Minnesota RESOLUTION NO. A RESOLUTION APPROVING THE REVISED SOUTHWEST MUTUAL AID ASSOCIATION JOINT AND COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT WHEREAS, the City of Eden Prairie has previously approved and participated in a mutual aid agreement between the southwest suburban governmental agencies to provide cooperative use of fire personnel and equipment; and WHEREAS, the agencies participating in this agreement have been designated the Southwest Mutual Aid Association; and WHEREAS, the participating agencies have determined that it is advisable to clarify and simplify the language of that agreement; and WHEREAS, the existing agreement requires that all parties unanimously adopt any amendments; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that: 1. The revised Southwest Mutual Aid Association Joint and Cooperative Agreement is hereby approved, and that the appropriate City officials are authorized to execute this agreement on behalf of the City as a participating member of the association. 2. If the revised Agreement is not approved unanimously by all of the existing parties, the City Manager and Fire Chief are directed to vote in favor of transferring any assets of the pre- existing Mutual Aid Association to the new Southwest Mutual Aid Association and to give notice that the City is withdrawing from the pre-existing agreement. Adopted by the City Council on February 7, 1995 Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2 14600 Minnetonka Boulevard ho coMinnetonka, Minnesota 55345 :E-ITelephone (612)939-8266 • Fax(612)939-8248 City Attorney's Office Providing Prosecution Services for the Cities of.- Minnetonka, Minnetonka Beach, Minnetrista, Orono and St. Bonifacius MEMORANDUM - TO: Chief Administrative Officers, Members of Southwest Mutual Aid Association FROM: Desyl L. Peterson, Minnetonka City Attorney DATE: November 15, 1994 RE: Recommended Changes to New Joint Powers Agreement A few years ago, staff members of the Southwest Mutual Aid Association decided that the mutual aid agreement should be rewritten. It had not been significantly revised since its creation, and there was a need to simplify some language and procedures. In addition, the agreement provided that if a number of parties were sued because of an incident, each party had to retain its own attorney. A more economical approach would be to allow one attorney to represent all parties. A new joint powers agreement was prepared and recommended to the various governing bodies. Some members approved this agreement. Unfortunately, however, staff members subsequently learned that certain federal laws prohibit the Veterans Administration from signing it. This caused a general re-assessment of the agreement. As a result, staff members are recommending some changes. Some of these relate directly to the V.A. situation. Others are recommended because they appear advisable. The following discusses the recommendations in more detail. 1. V.A. Amendments. Federal law prohibits the V.A. from agreeing to a general indemnification provision. As a result, the V.A. is excepted from that provision in Section VI . In addition, federal law requires the V.A. to obtain a reciprocal waiver of claims between the parties. This provision is added in a new Section VIII. Some members have asked why the association should make any special exceptions for the V.A. As indicated above, the indemnification language was originally recommended to improve the situation. The SW Fire Amendments November 15, 1994 Page 2 new language allows only one lawyer to represent all of the parties, at a significant cost savings to everyone. By excepting the V.A. , the relationship between the- other parties and the V.A. will be the same as under the original agreement. Achieving 92% of a better situation is an acceptable result when the last 8% is prohibited by law and is no worse than before. Because the matter is totally out of their control, it is not appropriate to exclude the V.A. from the new agreement. 2. Termination/Amendment. Both the original agreement and the previously recommended revision provide that a member can withdraw from the Association. Beyond that, there is no provision for terminating the agreement or amending it. As a result, unanimous approval of all members is required. This creates a situation in which one member has a veto over proposed action. This raises the possibility of one member being totally unreasonable and thereby preventing action which really benefits the whole group. As a result, changes are proposed for Sections III, VIII, and I.X. To become effective, only three-quarters of the existing members need to approve the agreement. Any further amendments or a decision to terminate the agreement would also be effective upon approval by three-quarters of the membership. This is an extraordinary majority, so changes would not be easily accomplished but also would not be subject to a one-party veto. 3 . Status of Original Agreement. Nothing was said in the previously recommended revision about what happens to the original joint powers agreement. New language is proposed for Section VIII which states that if all parties approve the new agreement, it supersedes any prior agreements, and any assets of the Association are transferred to the new Association. If the approval is less than unanimous, the parties will vote to transfer the assets and then withdraw from the pre-existing Association. The only assets of the Association are a small amount of money which is used to pay for administrative mailings. The major asset of the Association was the Fire Safety House, which the Association previously transferred to one of its members in order to save on insurance costs. y SW Fire Amendments November 15, 1994 Page 3 4. Removal of Member. Neither the original agreement nor the previously recommended revision had a provision for removing a member. Section III would be amended to allow three-quarters of the members to remove a member, but only for failure to comply with the Agreement or to pay the member's share of costs. It seems appropriate to provide for removal in these limited situations. Please present the attached agreement to your respective governing bodies for approval. Attached is a sample resolution which could be adopted. If you have questions, please contact your fire chief. In addition, feel free to call me at 939-8262 if I can be of help. S Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment I. PURPOSE This Agreement is made pursuant to Minnesota Statutes Section 471.59, which authorizes the joint and cooperative exercise of.powers common to contracting Parties. The Parties to this.Agreement wish to create a regional Mutual Aid Association, hereafter called the Southwest Mutual Aid Association, for the purpose of making fire equipment, personnel and facilities available to each other upon request. This Agreement is intended to give each Party the authority to send its equipment and personnel into the other communities and to provide for an Operating Committee to administer this Agreement. II. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them below. Subd. 1. "Assistance" means the providing of fire personnel and equipment, fire investigators, fire inspectors, fire educators, fire instructors, training personal and associated equipment and facilities. Subd. 2. "Emergency" means a sudden and unforeseen situation requiring immediate action. Subd. 3. "Party" means a governmental unit which is a Party to this Agreement. Subd. 4. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. Subd. 5. "Requesting Party" means a Party which requests Assistance from other Parties. Subd. 6. "Responding Official' means the person designated by a Party who is responsible to determine whether and to what extent that Party should provide Assistance to a Requesting Party. Subd. 7. "Responding Party" means a Party which provides Assistance to a Requesting Party. Subd. 8. "Specialized Activities" means non-emergency Assistance to include but not be limited to: fire investigators, fire inspectors, fire educators, fire instructors, training personal and associated equipment and facilities. Subd. 9. "Extraordinary Services" means emergency Assistance that includes activities beyond the normal scope of fire fighting, such as hazardous materials incidents, high level rescue, or dive rescue. Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 Page 2 III. PARTIES The Parties to this Agreement are those entities which approve this Agreement and execute a separate signature page in accordance with Section VIII. The Parties constitute the membership the Southwest Mutual Aid Association. Other entities may become a Party to this Agreement by complying with the conditions provided in the Association rules, by applying to and receiving approval of all member Parties, and by executing a separate signature page for this Agreement. Any Party may withdraw from membership at any time upon thirty days written notice to the other members. A party may be removed from membership only by a vote of at least three-quarters of all other Parties to the Agreement and only for the following causes: failure to comply with the terms of the agreement as may be modified or a failure to pay dues. Action by any Party which is required or permitted under this Agreement will be evidenced by: • for a municipality, a resolution adopted by the governing body, or • for a non-municipality, a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. IV. PROCEDURE Subd. 1. Whenever, in the opinion of a Requesting Official, there is a need for Assistance from other Parties, such Requesting Official may, at his/her discretion, call upon the Responding Official of any other Party to furnish Assistance to and within the boundaries of the Requesting Party. Subject to the limitations set forth herein, it is the intention of the Parties to this Agreement to cooperate in the event of an emergency by making the necessary Assistance available to a Requesting Party without undue delay. Subd. 2. Upon the receipt of a request for Assistance from a Party, the Responding Official may authorize and direct the Fire Department personnel under his/her control to provide Assistance to the Requesting Party. Whether the Responding Party provides such Assistance to the Requesting Party and, if so, to what extent such Assistance is provided shall be determined solely by the Responding Official (subject to such supervision and direction as may be applicable to him/her within the governmental structure of the Party by which he/she is employed). Failure to provide Assistance will not result in liability to a Party. Subd. 3. When a Responding Party provides Assistance under the terms of this Agreement, it may in turn request Assistance from other Parties as "backup" during the time that it is providing Assistance outside its boundaries. Subd. 4. Whenever a Responding Party has provided Assistance to a Requesting Party, the Responding Official may at any time recall such Assistance or any part thereof if the Responding Official in his/her best judgment deems such recall necessary to provide for the best interests of his/her own community. Such action will not result in liability to any Party. Southwest Mutual Aid Association Joint And Cooperative Agreement for Use Of Fire Personnel And Equipment 1-19-95 Page 3 Subd. 5. The Requesting Party shall be in command of the emergency scene. The personnel and equipment provided by the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws Assistance. Subd. 6. A Responding Party shall be responsible for its own personnel, equipment, and for injuries or death to any such personnel or damage to any such equipment, except that unused equipment provided by the Responding Party shall be returned to the Responding Party by the Requesting Party when circumstances permit this to be done. Responding personnel shall be deemed to be performing their regular duties for the Responding Party. Insurance coverage and any financial compensation shall be the responsibility of the Responding Party. Each Party waives the right to sue any other Party for any workers compensation benefits paid to its own employee or volunteer even if the injuries were caused wholly or partially by the negligence of any other Party, its officers, employees, or volunteers. Subd. 7. Specialized activities of a non-emergency nature may be requested and/or provided by the Parties to this Agreement. Subd. S. No charge shall be made to a Party for Assistance rendered under this Agreement except that a Party providing Assistance shall be paid for the cost of supplies. A Party providing Assistance may charge for time and materials for Specialized activities and Extraordinary Service as provided for in the association rules. V. OPERATING COMMITTEE The association shall have an Operating Committee to administer this Agreement. Subd. 1. The Chief of each Party's Fire Department, or designee, shall be the Party's representative to the Association Operating Committee. Subd. 2. It is the responsibility of the Operating Committee to establish rules, policies, and standards and to take other necessary or prudent action to administer this Agreement. Subd. 3. The Operating Committee shall meet periodically, but not less than quarterly to conduct the business of the Association. Subd. 4. The Association is not a separate legal entity. The Operating Committee shall have no authority to own property, enter into contracts, or to receive and expend funds except for routine administrative expenses. VI. RECIPROCAL DEFENSE AND INDEMNIFICATION Except for the United States Veteran's Administration Medical Center ("the V.A.") which is subject to federal laws prohibiting the following provision the Requesting Party agrees to indemnify and defend against any claims brought or actions filed against the Responding Party or any officers, employees, or volunteers of the Responding Party for injury or death to any third person or persons, or damage to the property of third persons, arising out of the Southwest Mutual Aid Association Joint And Cooperative Agreement for Use Of Fire Personnel And Equipment 1-19-95 D Page 4 performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. The intent of the indemnification requirement of this section is to impose on each Requesting Party a limited duty to defend and indemnify any Responding Party for claims arising within the Requesting Party's jurisdiction subject to the liability limits under Chapter 466, Minnesota Statutes. The purpose of creating these reciprocal duties to defend and indemnify is to simplify the defense of liability claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Under no circumstances, however, shall a Party be required to pay, on behalf of itself and other Parties, any amounts in excess of the liability limits established in Chapter 466, Minnesota Statutes, applicable to only one Party. The limits of liability for some or all . Parties may not be added together to increase the maximum statutory liability limits for any Party. VII. WAIVER Each party waives all claims against the V.A. and the V.A. waives all claims it may have against any Party, for any compensation for any loss, damage, personal injury, or death occurring in the consequence of the performance of fire protection services for the V.A. or by V.A. personnel. However, this waiver does not preclude a fire organization from filing claims for fire fighting costs and losses pursuant to 15 U.S.C. 2210, beneficiaries from filing claims for the deaths of firefighters and other public safety officers pursuant to 42 U.S.C. 3796, and individuals other than the Parties and their employees, from filing claims against the United States pursuant to 28 U.S.C. 1346(b) and 2671-2680. Vill. EFFECTIVE DATE This Agreement shall be effective upon execution by three-quarters of the entities listed on the attached Exhibit A which is incorporated by reference herein. Each Party shall execute a separate signature page and forward that page to the Association Secretary, along with a resolution or letter as provided in Section III. Upon,receipt of all executed signature pages, the Secretary shall send a copy of the fully executed agreement to each member. If this Agreement is executed by all of the entities listed on the attached Exhibit A, this Agreement shall supersede, replace, and void all prior agreements which provide for the existence of the Southwest Mutual Aid Association, and all assets of the Association under those agreements shall be transferred to the Association created pursuant to this Agreement. If the Agreement becomes effective by less than unanimous approval, the Parties to this Agreement shall vote to transfer any assets of the pre-existing Southwest Mutual Aid Association to the Association created under this Agreement and shall thereafter give notice that they are withdrawing from the pre-existing Association. IX. AMENDMENT This Agreement may be amended or terminated upon the affirmative vote of three-quarters of the Parties then existing. Southwest Mutual Aid Association JointAnd Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 q Page 7 Date: CITY OF EDEN PRAIRIE By - Its And Its Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of fire Personnel And Equipment 1-19-95 IU EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/7/95 SECTION: Consent Calendar ITEM NO. ; D. DEPARTMENT: Parks, ITEM DESCRIPTION: Purchase Agreement and Option Agreement for recreation and Facilities Klein/Peterson Property Robert A. Lambert BACKGROUND: On December 19, 1994, the City Council authorized entering into a purchase agreement with the Kleins and Darril Peterson for the purchase of approximately the west 65 acres of their property. The purchase agreement terms were outlined in an August 31, 1994 memorandum. The exact acreage of the parcel was to be determined by a survey to be completed by early November 1994 (the actual acreage as determined by survey is 68.76 acres). The terms for the purchase agreement include a $500,000 down payment with the balance (based on $18,000/acre) paid at 1.25% below prime interest rate, at a variable rate over five years.- Subsequent payments will be made during the first week of February at approximately the following amounts: $206,000 in 1996, $195,000 in 1997, $183,000 in 1998, $171,000 in 1999, and $160,000 in the year 2000. The purchase price for this 68.75 acres is $1,237,620.60. The City also has agreed to option terms on the remaining approximate 46 acres of the property. That 46 acres has been divided into two parcels. Option parcel number one is 15.86 acres and option parcel number two is 30.29 acres. The purchase price for these parcels is $18,000/acre during the first year of the option and increases by $1,000/acre for each year through the year 2000. RECOMMENDATION: City staff request approval of the following: 1. Purchase agreement for the 68.75 acre parcel for$11237,620.60 as per the terms of the purchase agreement. 2. Purchase parcel contract for deed. 3. Memorandum of option agreement (parcel number one). 4. Option agreement (parcel number one). 5. Memorandum of option agreement (parcel number two). 6. Option agreement (parcel number two). The City contracted with Braun Intertech to conduct a phase one environmental audit of the property. The staff have requested some additional environmental review of the property during the spring of year, and have given the property owner until June 1 to remove storage tanks and other debris cited in the environmental audit. This property is being acquired for the main purpose of conserving the natural resources on the site; however, due to the amount of ameaf*-e€development that has occurred on portions of this site in the past this site will accommodate more recreational use in the future than either the Charlson property or the Riley Creek Woods. 1 Staff would anticipate that there could be some picnic area developed in the vicinity of the existing farm buildings in the future, and there will be trail access to several of the high viewing points for hiking and self interpretive trail usage in the future. Staff anticipate a long term management program to restore portions of this site that have had negative impact by agricultural use over the last 100 years. There are significant portions of the site that have high quality natural features that will remain undisturbed. City staff will be working with the Department of Natural Resources in developing a management plan appropriate for this site, as well as the Riley Creek Woods and the Charlson property. BL:mdd Jan3lMemo/Bob 2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2M95 SECTION: Consent Calendar ITEM NO.--or E. DEPARTMENT: PRNR ITEM DESCRIPTION: Recommendation to Accept Land Donation for Robert A. Lambert Conservation Purposes BACKGROUND: Attached to this memorandum is a letter from six residents in the Bluffs West Subdivision who are proposing to acquire Lot 2 of Bluffs West 8th Addition in order to donate it to the City of Eden Prairie for conservation purposes. This is a heavily wooded lot surrounded by single family homes. The surrounding property owners have enjoyed wildlife that utilizes this area and would like to keep it in its natural condition. They are willing to acquire the lot and dedicate it to the City, if the City would accept it under the condition that there would be a conservation easement placed on the property and if the City ever wished to develop the property, the property would revert to the property owners who have donated it to the City. RECOMMENDATION: City staff has reviewed this wooded lot and agree that it does contain a variety of songbirds, small mammals, and occasionally deer. This "flag lot" is surrounded by single family residences. Access is gained to the lot through a 20' wide connection to Bennett Place. If the City assumes ownership of the lot, the City would be responsible for removing any diseased trees but would have little, if any, other expense. The City would not intend to trim trees or mow grass in this lot, but would acquire it for conservation purposes to allow it to remain in a natural condition. Although, the City would lose tax revenue from this lot, it is easy to understand why the adjacent property owners would rather purchase the property and keep it in its natural condition than allow a house to be developed on the site. Many people complain to the City when development occurs in their backyard. The City response if often "if you want to maintain your view, you have the right to buy the property." These property owners are "putting their money where their mouth is." City staff recommends approving this request to agree to accept the donation of that parcel of land with the conservation easement requirement, if those property owners do, in fact, purchase the lot. BL:mdd aoceptVBob 1 January 18, 1995 Mayor Jean Harris and Members of Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Harris and Council Members: We the undersigned intend to purchase lot #2 Bluffs West 8th Addition. We wish to keep it as open space for conservation purposes. Upon completion of this purchase we would then make a gift of this lot to the City so it would become part of the Park and Open Space System. It would include a conservation easement so that it would remain in its natural condition for all time. In the event this natural condition should ever be changed, the city would be required to deed it back to the grantors or their heirs and assigns. There is an easement to provide access to this lot. This easement is from Bennett Place. Please advise Howard Smith (Phone: 829-9092) if the city will accept this lot so that it can be kept in its natural condition. 147( ��a�� r3/Utsfe�v G� tt �Z 2 TFJC'S ,, L�w� --- ---------- �a�3P ---- ------ �l GJ,�✓ f - mar. w-� .t t. ;r f.• - ysL, Yl Til Al a JJ a 4 �`. 1`• * � 4;. �� #:r�� � vi•,l } vim,,,. �,M.zd. �, + i -r + ,�,t�'�S '. .. 4t .aJ�'Ai�r•"L.,,:r t a .L:..YRrl�� Q k�,=."�°:. e _ t '�.• r ,. yg '� •rW• �$ aR9. ,i}.+y •� �� r� Y Lie• may. / ,R.•.4'' �iy+ f 1 /'. . �. • ~• yam, ' +•.' f '.# .p }'� • f •' .� 1 li a A' y. � f `, ,�:" v SS� .,gyp ,• y, ~ � 3 j Z . i ' - •{ '! ,� � +ti1.. �� � .ice �,-t✓ 7•. ' •���� A it i .,f�a-. ��t�T '`� a * r .;:1tYs��•��,:y�`�`. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2n195 SECTION: Consent Calendar ITEM NO. 3, F DEPARTMENT: Parks, ITEM DESCRIPTION: Senior Center Woodshop Manual and Use Recreation and Facilities Policy Robert A. Lambert Attached is a memorandum from Sandy Werts and the manual on Woodshop Rules and Regulations for the Senior Center. RECOMMENDATION: Staff recommends approval of the manual " Woodshop Rules and Regulations" for the Senior Center + Woodshop. BL:mdd Attachements: Memo from Sandy Werts Woodshop Rules and Procedures 1 MEMORANDUM TO: Mayor and City Council Parks and Recreation Commission THROUGH: Robert A. Lambert,Director of Parks,Re reati il't' s FROM: Sandra F. Werts,Recreation Supervisor DATE: February 1, 1995 SUBJECT: Senior Center Woodshop Manual and Use Policy Renovations at the Senior Center have recently been completed and work has begun to set up the long awaited woodworking shop. A policy and procedure manual on the use of the shop and equipment has been developed. This manual was patterned after ones developed by the Edina and Bloomington Senior Centers. The Bloomington manual used was revised in 1994. The Eden Prairie manual has been reviewed by Wayne Estenson,the City's Safety Coordinator and recommended changes have been made to it. The woodworking committee is working with Willie Husaby,the shop teacher at Central Middle School,to develop standards for testing those who wish to be shop supervisors and for the shop supervisors to use to test those who wish to use the workshop equipment. Willie Husaby will be qualifying those who wish to become shop supervisors. Shop Hours The woodshop will be open to the residents of Eden Prairie who wish to qualify to use it. Staff recommends that for the first four to six months,the shop be promoted to the seniors, and opened to the general public in the Fall. This will give us a chance to determine if the policies and procedures are working and to make necessary changes. Required Action: Staff is requesting approval of the manual so that we may proceed with opening of the woodshop. The Shop will be open during the day and evening. The amount of hours it will be open will depend on the availability of the volunteer shop supervisors. WOODSHOP RULES AND PROCEDURES WHO QUALIFIES TO USE WOODSHOP? Any person with the desire to work with wood. Any person under eighteen(18)years of age must be accompanied by an adult. CHECKING-OUT OR QUALIFYING PROCEDURE Make appointment with Shop Steward for instructions. Person declares what he/she wants to learn; he/she is then instructed on that particular piece of equipment. * When a person qualifies he/she receives an ID card indicating the equipment they can operate. *Persons may not use equipment after taking mood-altering drugs such as tranquilizers or alcohol. *Once qualified to use equipment, all projects must be checked out with person in charge to make sure they are within the capacity of the equipment. *Shop Steward has the authority to ask persons not using equipment properly to leave. PAYMENT Payment may be made as follows: a. $20.00 quarterly b. $2.00 per day. This would be for individuals who would use the woodshop infrequently. Should a person find that he/she will be using the woodshop more than originally planned,we would apply any money paid to the $20.00 quarterly payment. WHAT APPAREL IS WORN? Persons using equipment must not wear neckties, loose sleeves, scarves, long hair, necklaces or any apparel that might get caught in equipment. SHOES MUST BE WORN AT ALL TIMES. Safety Goggles or a Full Face Shield-Must be worn at all times. Apron—not necessary,but advisable. Must furnish your own. 3 Wood Working WHAT CAN BE MADE? Any suitable item that the equipment can handle. Finished product must be able to fit through the door. WHAT MATERIALS MAY OR MAY NOT BE BROUGHT IN? 1. Wood no larger than 4" x 4" in thickness. 2. No logs or first slab lumber. 3. Any use of raw wood should be cleared by the Shop Steward and a committee of three. 4. No painted wood on jointer and hand planer. 5. No elm 6. No dirty lumber. " 7. No lumber with nails. USE OF EQUIPMENT Two persons must be in shop at all times when equipment is operated. EQUIPMENT If equipment is damaged due to unreasonable use and apparent abuse as judged by Shop Steward, the person who has damaged equipment will be requested to replace the equipment at his own expense. Return all borrowed hand tools to the tool cage when you are finished so that others may use them. This applies to drill bits,hammers, etc. If you break a bit,please replace it at your own expense. MAINTENANCE OF ROOM Each person is responsible for cleaning his own work area; first by sweeping and then use of vacuum. Make sure your machine is left in an orderly and clean condition. POLICY FOR SHOP STEWARD DUTIES Sign in yourself. Make sure everyone entering the shop signs in. Make sure persons use only equipment for which they have been checked-out. Wood Working *If you are unable to be in attendance on an assigned day,make sure you have a qualified replacement. Staff must also be notified. If you are unable to find a replacement,the shop will be closed for the day. NO EXCEPTIONS. *Make sure two persons are in the shop at all times. *Keys: Sign in with secretary for keys to Woodshop. The Shop Steward has the authority to ask any person to leave whom he feels,in his judgment, is not using the equipment properly. WE EXPECT EACH PERSON TO USE COMMON SENSE ON ALL MACHINES. The Shop Steward must return the keys for the woodshop to the Secretary. Only Shop Steward is authorized to change blades on the table saw,radial arm saw,and band saw. Wood Working SAFETY RULES 1. EACH PERSON INSTRUCTED INDIVIDUALLY. 2. MUST BE CHECKED ON EQUIPMENT. 3. MUST HAVE INSTRUCTOR'S OKAY ON USE OF EQUIPMENT. 4. GOGGLES OR FACE SHIELD MUST BE WORN AT ALL TIMES WHEN USING POWER EQUIPMENT(table saw, lathe,band saw,etc.) 5. NO SMOKING RULES IN SHOP AT ALL TIMES. THIS IS A SMOKE-FREE BUILDING. 6. IF YOU MISUSE EQUIPMENT AND DAMAGE IT,YOU REPAIR IT AT YOUR OWN EXPENSE. 7. RADIAL SAW NOT TO BE USED AS RIP SAW. Wood Working SAFETY RULES FOR THE TABLE SAW 1. Be certain the blade is sharp and the right one for your work. 2. The saw is equipped with a guard and a splitter. Be sure to use them. 3. Set the blade so it extends about 1/4 inch above the stock to cut, 4. Stand to one side of the operating blade and do not reach across it. 5. MAINTAIN A 4-INCH MARGIN OF SAFETY. (Do not let your hands come closer than 4 inches to the operating blade, even though the guard is in position.) 6. Stock should be flat and at least one edge straight before being cut on the saw. 7. The position of the stock must be controlled either by the fence or the miter gauge. NEVER CUT STOCK FREE HAND. 8. Use only new stock that is free of knots, splits, and warp. 9. Stop the saw before making adjustments to the fence or blade. 10. Do not let small scrap cuttings accumulate around the saw blade. Use a push stick to move them away. 11. Resawing and other special set-ups must be inspected by the Shop Steward before power is turned on. 12. The dado or any special blades should be removed from the saw after use. 13. Persons helping to "tail-off' the saw should not push or pull on the stock. 14. As you complete your work, turn off the machine and remain until the blade has stopped. Clear the saw table and place waste cuttings in the scrap box. 15. Wear safety goggles whenever operating the table saw. 16. A clearance block is used for cutting duplicate parts to length. (Do not use miter and fence at the same time.) Wood Working SAFETY INSTRUCTIONS FOR RADIAL ARM SAW 1. Wear safety goggles whenever operating the radial arm saw. 2. Push the saw back against the stop before turning on the power. Be sure the blade is not touching any wood when power is turned on. 3. Be sure the wood is firmly against the fence. 4. Never put one piece of wood on top of another to cut them on this saw. The top piece may kick over the fence. 5. Persons must remember that this saw pulls itself into the work,and in some hardwoods it is necessary to hold back on the handle to prevent the saw from choking. 6. Do not pull a coasting saw out and let it grab the edge of a board. This may damage the machine seriously. 7. Avoid working across the saw line with hands or arms. This action is known as cross arming and must never be done. 8. Avoid reaching over the saw line to pull stock into place for cutting. 9. Never leave the saw hanging at the end of the arm. Push it back against the post ready for the next cut. 10. If the saw carriage vibrates away from the post,the machine is out of order and should not be operated until the condition is corrected. 11. Brake blade to a complete stop when finished with the saw. 12. Stop saw(completely)whenever making adjustments, etc. 13. Do not lower the blade into the table top by more than .125 or 1/8 inch. 14. Blade guard must operate freely at all times. 15. Spring/mechanical return should function properly. Wood Working SAFETY RULES FOR THE BAND SAW 1. Wheel guard doors must be closed and the blade properly adjusted before turning on the machine. 2. Adjust the upper guide assembly so it is 1/4 inches above the work. 3. The stock must be held flat on the table. 4. Feed the saw only as fast as the teeth will remove the wood easily. 5. Maintain a 2-inch margin of safety. (This means that the hands should always be at least two inches away from the blade when the saw is running.) 6. Plan saw cuts to avoid backing out of curves,whenever possible. 7. Make turns carefully and do not cut radii so small that the blade is twisted. 8. Stop the machine before backing out of a long curved cut. 9. Round stock should not be cut unless mounted securely in a jig or hand screw. 10. If you hear a clicking noise, turn off the machine at once. This indicates a crack in the blade. If the blade breaks, shut off the power and move away from the machine until both wheels stop. 11. Turn off the machine as soon as you have finished your work. If the machine has a brake, apply it smoothly. Do not leave the machine until it has stopped running. 12. Wear safety goggles while operating the band saw. y Wood Working SAFETY RULES FOR THE SCROLL SAW 1. Check your setup on these points: A. Can the work be done on the jigsaw? B. Do you have the proper blade? C. Has the blade been properly installed? D. Has the guide been properly adjusted?. E. Is the hold-down spring properly adjusted? F. Are the table adjustments tightened? G. Has the correct speed been selected? H. Is the belt guard in place? I. Turn saw over by hand. 2. Plan order of cuts. 3. Keep your hands from front of blade. 4. Avoid twisting blade. 5. Keep your attention on your work. 6. Turn off the power when: A. you leave the saw at job completion. B. you remove cuttings. C. making adjustments. D. cleaning the saw. 7. Wear safety goggles when operating the scroll saw. /d Wood Working SAFETY RULES FOR THE PORTABLE ROUTER 1. Always unplug the motor when mounting bits or making any adjustments. 2. The bit must be securely mounted in the chuck to a depth of at least %x inch and the base must be tight. 3. As with all portable tools,be certain that the motor is properly grounded. 4. Wear safety goggles when using the router. 5. Be certain the work is securely clamped and that it will remain stationary during the �. routing operation. 6. Place the router base on the work or template with the bit clear of the wood before turning on the power. Hold it firmly when turning on the power motor to overcome starting torque. 7. Hold the router in both hands and feed it smoothly through the cut in the correct direction. 8. When the cut is complete,turn off the motor and do not lift the machine from the work until the motor has stopped. � r Wood Working SAFETY RULES FOR THE DRILL PRESS 1. Check the speed setting to see that it is correct for your work. Holes over Y2 inch should be bored at the lowest speed. 2. Mount the bit securely to full depth of chuck and in the center. Remove the key immediately. 3. Position the table and adjust the feed stroke so there is no possibility of the bit striking the table. 4. Work should be placed on a piece of wood when the holes go all the way through. 5. Small or irregular shaped pieces must be clamped to the table or held in some special fixture. Have Shop Steward check the setup. 6. Feed the bit smoothly into the work. When the hole is deep, withdraw it frequently to clear the shavings and cool the bit. 7. Do not feed the drill with heavy pressure. Use a moderate pressure and feed uniformly. 8. Always keep the guard on pulleys and belt. 9. Do not wear loose clothing when operating the drill press. It may get caught!!! 10. Make all adjustment with power off. 11. Wear safety goggles or full face shield while operating the drill press. Wood Working SAFETY RULES FOR SANDING MACHINES 1. Be certain the belt or disk is correctly.mounted.. The belt must track in the center of the drums and platen. Do not operate the disk sander if the abrasive paper is loose. 2. Check the guards and table adjustment to see that they are in the correct position and securely locked in place. 3. Use the table, fence and other guides to control the position of the work, whenever possible. 4. Small, also irregular-shaped pieces should be held in a band clamp or some special jig or fixture. 5. When sanding the end grain of narrow pieces on the belt sander, always support the work against the table. 6. Sand only on the side of the disk sander that is moving down toward the table. Move the work along this surface so it will not burn. 7. Always use a pad or push block when sanding thin pieces on the belt sander. 8. Do not use power sanders to form and shape parts where the operations could be better performed on other machines. 9. Sand only clean new wood. Do not sand work that has excess glue or finish on the surface. These materials will load and foul the abrasive. 10. Wear safety goggles while operating sanding machines. /3 Wood Working SAFETY RULES FOR THE LATHE 1. Before starting the machine,be sure that spindle work has the cup center properly imbedded,tailstock and tool rest are securely clamped,and there is proper clearance for the rotating stock. 2. Before starting the machine for faceplate work,check to see that the faceplate is tight against the spindle shoulder and the toll support has proper clearance. 3. Wear safety goggles or a face shield to protect your eyes. 4. Select turning speed carefully. Large diameters must be turned at the lowest speed. Always use the lowest speed to rough out work. 5. Wood with knots and splits should not be turned. Glued-up stock should cure at least 24 hours before turning. 6. Keep the tool rest close to the work. 7. Remove the tool rest for sanding and polishing operations. 8. Use a scraping cut for all faceplate work. 9. Remove both the spur and cup centers when they are not in use. 10. When you stop the lathe to check your work, also check and lubricate the cup center. 11. Keep the lathe tools sharp,hold them firmly and in the proper position. 12. Keep your sleeves rolled up and other loose clothing away from the moving parts of the lathe and work. Wood Working SAFETY RULES FOR THE JOINTER 1. Be sure you have the Shop Steward's approval to operate the machine. 2. Before turning on the machine make adjustments for depth of cut and position of fence. 3. Do not adjust the outfeed table or remove the guard without the Shop Steward's approval. 4. The maximum cut for jointing an edge is 1/8 inch and for a flat surface, 1/16 inch. 5. Stock must be at least 12 inches long. Stock to be surfaced must be at least 3/8 inch thick unless a special feather board is used. 6. Feed the work so the knives will cut with the grain. Use only new stock that is free of knots, splits and checks. 7. Keep your hands away from the cutterhead even though the guard is in position. MAINTAIN AT LEAST 4 INCHES MARGIN OF SAFETY. 8. Use a push block when planing a flat surface. Do not apply pressure directly over the knives with your hand. 9. Do not plane end grain unless the board is at least 12 inches long. 10. The jointer knives must be sharp. Dull knives will vibrate the stock and may cause a kickback. 11. Wear safety goggles when operating this machine. /S Wood Working SAFETY RULES FOR THE PLANER 1. Be sure you have the Shop Steward's permission to operate the machine. 2. Adjust the machine to the correct thickness of cut before turning on the power. 3. Stock should be at least 12 inches long or several inches longer than the distance between the centers of the feed rolls. 4. Surface only new lumber that is free of loose knots and serious defects. 5. Plane with the grain—or at a slight angle with the grain. Never attempt to plane cross grain. 6. Stand to one side of the work being fed through the machine. 7. Do not look into the throat of the planer while it is running. 8. Do not attempt to feed stock of different thicknesses, side by side through the machine, unless it is equipped with a sectional infeed roll. 9. Handle and hold the stock only in an area beyond the ends of the table. 10. If the machine is not working properly, shut off the power at once and inform the Shop Steward. 11. Wear safety goggles when operating the planer. CITY COUNCIL AGENDA DATE: 2-7-95 SECTION: 2nd Reading DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Community Development Ordinance Advertising Chris Enger Sign Zone Removal T", Jean Johnson REQUESTED COUNCIL ACTION: 2nd Reading of ordinance amending Section 11.70 and repealing Section 11.71. BACKGROUND: The ordinances public hearing and 1st Reading was on January 17, 1995. SUPPORTING INFORMATION: Ordinance attached Go l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 11.70, SUBDIVISION 3. A. 1. RELATING TO NON-ACCESSORY SIGNS AND REPEALING SECTION 11.71 RELATING TO THE REGULATION AND LICENSING OF ADVERTISING SIGNS; 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. City Code Section 11.70, Subd 3. A. 1. is amended to read as follows: Ill. 1. Non-accessory signs are prohibited in all districts, except as otherwise expressly permitted in this Section 11.70." Section 2. City Code Section 11.71 is repealed in its entirety. Section 3. 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 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1995, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1995. John Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the day of , 1995. Il:. Cam. " 2� DATE: 02/07/95 EDEN PRAIRIE CITY COUNCEL AGENDA ITEM NO: SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approval of Cedar Hills Registered Land Survey Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the Cedar Hills Registered Land Survey subject to the following conditions: • Receipt of engineering fee in the amount of$250 Overview: This proposal consists of a subdivision of a 196 acre track located at the northeast quadrant of Spring Road and Trunk Highway 169. Track B is the 50 acre site proposed to be purchased under the Park Bond Referendum. Tracks A and C are proposed to be sold and combined with the adjoining property, and Track D will be retained by the owner, Lynn Charlson. This proposal was approved as a preliminary plat by the City Council January 10, 1995. JJ:ssa cc: Bret Hope, 9735 Eden Prairie Road Paul Thorp, H.T.P.O. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING REGISTERED LAND SURVEY CEDAR HILLS WHEREAS, the Cedar Hills Registered Land Survey 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 Registered Land Survey 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 EDEN PRAIRIE CITY COUNCIL: A. Approval requested for Cedar Hills Registered Land Survey is approved upon compliance with the recommendation of the City Engineer's report dated February 2, 1995. 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 Registered Land Survey. 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 Eden Prairie City Council on February 7, 1995. Jean Harris, Mayor ATTEST: SEAL John D. Frane, Clerk REGISTERED LAND SURVEY NO. SE CORNER SEC. 28—� EAST LINE SEC. 28-� O �N U)I (aN 1 O (IFN N SO-11-26W at w 2094.69 z — — �wwI `; 553.70 O 1 , Z z� N I W U) Z�" 1 i N LL � I 1 i N 30 1 Z t 1 r h to co rye �r N <i 1 7 , w r. N 1 Y W N 0 to 1D 1 7 I W W .._ K N Ii- Zt Z VM 1 I V\ U 1 3w 1 103.6%in \ SD-20-59W1 , _— 448.80 1 / 552.4 3 d Tw --- GN` Nw MHONQ m NZ r1qw� ~ h�O^ Z �o O N3-50—OOE �'r �� 607.00 to J i (n 532.00 75.0p �N =w C I Q0 U. 3 Q .- V)z CO - w N Uj O 0 a ci N r)g ao8 ,an I n w z w L n w w O N a' 00 V X r— h N N 0 La z \ z z Q w N •} z z N1-31-30E N3-50—OOE F- J hi O Q �� In Z \�\ 580.00 377.30 —— OI h N W �` h O O N bP O 909.3 �1 rn fN O 0 ��.� N3-50—OOE � W F W e W�O j 0O S Y Z.-O O0 —TRACT C U~Z 1040 N a S5'4V50"€ 3 N w I M 410 00. d h 1� 255.11 o Z N Z N -*O3 O O�pO S'� Op 3 \'\+- I" O to S r��� �(+S, N� NORTH d Mn 387_60 NORTH \�. s \ 1 co ,3z.00 �%--TRACT A NORTH \ \ NORTH rK) 522.70 �l V�a�P�p1 I 72�0 * 1 I \ SEC. 28 WEST LINE SEC. 28/ ^�L ���/� —_ �I SEC. 28) *'* SW COR. Ito \dam_ I WEST LINE 0) co Zryrya In o DENOTES IRON MONUMENT -� —� Hansen Thorp THE BASIS OF BEARING IS ASSUMED 1 Pellinen Olson Inc. Scale in feet Engineers• Surveyors• Landscape Architects 0 400 800 1200 ' `1 �� 3 SHEET 2 OF 2 SHEETS DATE: 02/07/95 EDEN PRAIRIE CITY COUNCEL AGENDA TTEM NO: SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Resolution Prohibiting Parking on CSAH 62 (West 62nd Street) Rodney Rue Recommended Action: Approve resolution prohibiting parking on CSAH 62 (West 62nd Street) Overview: Typically, Hennepin County will ask for this resolution at the time of final plan approval. However, final plan approval occurred about one year ago with the County now asking for this resolution. Primary Issues: This is a State Aid requirement for this design which does not include parking lanes. The City's obligation is to provide enforcement for the prohibition of on-street parking. Item No. • .z. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION PROHIBITING PARKING ON CSAH 62 (WEST 62ND STREET) I.C. 52-103 WHEREAS, the Hennepin County Department of Public Works has prepared plans for the construction of CSAH 62 between CSAH 4 and TH 101 along the corporate boundary between the City of Eden Prairie and the City of - Minnetonka; WHEREAS, the City of Eden Prairie has approved the final construction plans for said improvement of CSAH 62. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the City agrees to provide enforcement for the prohibition of on-street parking on those portions of CSAH 62 (Hennepin County Project 7419) within its corporate limits. ADOPTED by the Eden Prairie City Council on February 7, 1995. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk . �. z DATE: 02/07/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: �/, 1 4 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Supplemental Agreement No. 1 for Architect-Engineer Services for Rodney Rue Well House #12 (I.C. 94-5356) Recommended Action: Motion to approve Supplemental Agreement No. 1 for additional Architect-Engineer Services for Well House No. 12 and authorize Mayor and City Manager to execute said Supplement Agreement No. 1. Primary Issues: The consultant provided additional services for Well House No. 12 relating to the electronic message boards, transformer options, landscape design, matching City Center entrance design, special lighting design and additional construction services. These additional services were beyond the scope of the original well house/bus shelter contract. Financial Issues: These additional design and construction services will increase the consultant contract from $39,000 to $52,500. Even though this represents a 34.6% increase in the contract, it only represents 12.4% of the total construction costs for Well House No. 12 Based on the fact that the consultant has already spent over $17,000 beyond what they are requesting with this agreement and that many of the extra services were requested by City Staff, we believe this is a reasonable and justifiable adjustment to their contract. Therefore, we recommend that the Council approve this Supplemental Agreement No. 1 with TKDA increasing their Architect-Engineer Services Contract for Well House No. 12 to $52,500. Item No. ,/�L. cf• 1 DUV T�� AND A KING,TES,IN,ANDERS E AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET February 1, 1995 PHONE 612/292-4400 FAXA D&1�-221 083 Mr. Eugene Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road .o Eden Prairie,Minnesota 55344-2230 t ' ILI ,� I j Re: Well and Pumphouse No. 12 F LE Bj 0 2 ; .) Commission No. 10532 Dear Mr. Dietz: On July 19, 1994, we met to discuss services provided by TKDA which we believed to be beyond the scope of work included in the Architect-Engineer Agreement dated October 5, 1993. You indicated dissatisfaction with some of the service provided,but did agree that there was some additional work accomplished. I have discussed the Project and services provided with our staff and believe the following items are justifiable extra services: 1. Electronic Message Boards: These boards were added to the Project after the initial Project Concept Reviews were held with City Staff. There was extensive discussion about sign content,visibility, sight lines along Mitchell Road,letter size, speed of travel, etc. This work required an additional electrical drawing and a site plan which included the Project site and City Hall. 2. Transformer: Visual screening of the transformer was of major concern to City Staff and to your City Hall Architectural Consultant. Several options were developed and considered before one was acceptable to both the City and NSP. I Landscape Design: Several optional site plans were developed based on City-provided conceptual plans. These options considered several City concerns,including sight lines,visibility of message boards, grading of the hill and cost reduction. After several options and review meetings, another plan prepared by others was used. 4. Prototype: Using the City Hall entrance structure as a prototype on which to base the design of the structure was beneficial from the visual and aesthetic aspects. However, from a building technology standpoint, an enclosed structure responds differently to the elements than an open structure like the entrance, which, while roofed, is open on all four sides. The pumphouse structure must provide a weathertight building envelope which is able to respond to a high range of difference between inside and outside temperatures and humidities. Ventilation of the large cavity which enclosed the upper part of the structure w. J2 Mr. Eugene Dietz City of Eden Prairie February 1, 1995 Page 2 and the necessary aesthetic considerations in detailing the features caused more time than normal for these design services. 5. Construction Phase: Because of the complexity of the structure, additional time is necessary to review shop drawings for conformance to the plan and respond to Contractor and Owner concerns. We have recently been requested to design a lighting system to highlight the circle areas on the structure. The actual method of lighting has not yet been determined, but we estimate the additional design costs for that extra work to be$2,500. The following table summarizes our costs for Architect-Engineer services on this Project and includes amounts that we feel are justified additional costs. It also includes additional design service costs for the special lighting to be accomplished. Amount Spent Budget Additional Cost Total Thru 11-15-94 Design Services $26,500 $ 9,500 $36,000 $53,607.74 Construction Services 12,500 1,500 14,000 7,717.23 Special Lighting Design _0 2,500 2.500 0.00 Totals = $39,000 $13,500 $52,500 $61,324.97 Please consider this request and call me at 292-4458 if you have any questions. If you agree with the amount,please sign and date both copies of the enclosed Supplemental Agreement No. 1 and return one copy for our files. Sincerely, Ronald C. Ley, . . Project Manager RCL:mr Encl. /y, 3 SUPPLEMENTAL AGREEMENT NO. 1 Between THE CITY OF EDEN PRAIRIE, MINNESOTA and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED for ARCHITECT-ENGINEER SERVICES in connection with WELL, WELL HOUSE AND BUS SHELTER IN EDEN PRAIRIE, MINNESOTA This SUPPLEMENTAL AGREEMENT NO. 1 made and entered into this day of , 19_, by and between the CITY OF EDEN PRAIRIE, MINNESOTA, hereinafter referred to as the OWNER, and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED, a corporation with a regular place of business at 1500 Piper Jaffray Plaza, 444 Cedar Street, St. Paul, Minnesota 55101, hereinafter referred to as TKDA. WITNESSETH: WHEREAS, OWNER previously engaged TKDA to provide architectural and/or engineering services in connection with a Well,Well House and Bus Shelter in Eden Prairie, Minnesota, hereinafter referred to as the Project, which engagement was formalized in a Professional Services Agreement dated October 5, 1993,referred to hereinafter as the Agreement. NOW, THEREFORE, the OWNER and TKDA, for the consideration hereinafter named, agree to amend the Agreement by and through this Supplemental Agreement No. 1 as hereinafter stated. I. Change SECTION III - COMPENSATION as follows: Add the following paragraph: "TKDA has provided additional design services which have resulted in costs in excess of the estimated amount of$39,000. The OWNER has been advised of the additional work and costs, and does agree to an increase in the Compensation by $13,500. The total estimated amount will be changed from$39,000 to $52,500. v• J. SAM IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 the day and year first above written. THE CITY OF EDEN PRAIRIE, TOLTZ K a, DUVALL, ANDERSON MINNESOTA ASSOCIATES, CORPORATED By By Duane . Prew, P.E. Presided By By Ronald C. Ley, P. Associate/Proje anager SA1-2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/7/95 SECTION: Consent Calendar ITEM NO.-nt� DEPARTMENT: Parks, ITEM DESCRIPTION: Resolution Relating to the Cancellation of Recreation and Facilities Certificate of Forfeiture Relating to Tax Parcel 01-116-22-31-0027 Stuart A. Fox RECOMMENDATION: The staff recommends that the City Council approve the cancellation of certificate of forfeiture relating to Parcel 01-116-22-31-0027. This cancellation is recommended to the City by the Hennepin County Tax-Forfeiture Land Division and comes via the attorney from the current landowners. It results in the rightful property owner receiving a clear title on their property, as well as the City collecting the due back special assessments totalling $15,956.28. BACKGROUND: This parcel of land came before the City Council in December of 1994 as part of the non conservation land list 805-NC. At that time, in conversations between the staff and the officials at Hennepin County, it was decided that the City would recommend that the parcel go for sale to adjacent property owners. Since that date, the staff has been in contact with Hennepin County Officials, as well as attorneys representing the property owner and a compromise agreement has been worked out. Attached is a copy of a letter from Hennepin County, as well as one from the attorney representing the property owner. It appears that the primary reason that this parcel went delinquent was because of the unique location which the parcel is situated; namely, just adjacent to a building that is located in another school district zone. As a result, even though this parcel of land is indeed attached as part of the original development, it was assigned a different property ID number to satisfy tax accounting when property taxes are divided between two adjacent school districts. As a result, when special assessments were assigned there was an apparent oversight that special assessments should have been assigned to the building property ID number for which the parking lot serves. The result of all of this has been a lot of miscommunication because of the improper addresses, as well as the failure of business which resulted in the tax notices not being sent to the proper owner. It is apparent that this is the best solution for all parties involved. The City will receive the special assessments due, the County will be able to dispose of a parcel of land without going through an expensive auction process, and the property owner will have proper title of their parking lot to which their employees have been utilizing all these years. SAF:mdd cancel/Stuart 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RELATION TO THE CANCELLATION OF CERTIFICATE OF FORFEITURE RELATING TO TAX PARCEL NO. 0 1-116-22-31-0027 WHEREAS, Tax Parcel No. 01-116-22-31-0027 ("Forfeited Parcel") represents a part of the limited common area of Condominium No. 508, Primetech Park Condominium, Eden Prairie, Minnesota; and WHEREAS, the City of Eden Prairie ("City") in dividing a tax parcel inadvertently spread the special assessments against the Forfeited Parcel instead of against the applicable condominium unit; and WHEREAS, the tax statement and notices of delinquent taxes for the Forfeited Parcel were sent to Prime Development Corporation, Primetech Ltd. Partnership II and Primetech Park Condominium Association#508 (Condominium Association")at 4918 Lincoln Drive, Edina, MN 55436; and WHEREAS, the present owner of the adjoining condominium unit, Massachusetts Mutual Life Insurance Company (Mass Mutual") (and their predecessor in title, Primetech Joint Venture) and the Condominium Association never received the tax statements or the delinquent tax or forfeiture notice; and WHEREAS, Mass Mutual and its predecessor, Primetech Joint Venture, has paid all of the taxes on the condominium units owned by it; and WHEREAS, Mass Mutual has tendered to the City a check in full payment for the delinquent assessments plus interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Eden Prairie, Minnesota, as follows: 1. The City request that the Hennepin County Auditor, pursuant to Minnesota Status §279.34, make application for the Cancellation of the Forfeiture against Tax Parcel 01-116-22-31-0027. 2. The City further requests that the Hennepin County Board of Commissioners and the Minnesota Commissioner of Revenue approve the Cancellation of Forfeiture and order the County Auditor to record/file an appropriate Certificate of Cancellation as provided under the provisions of Minnesota Statute §279.33 and 279.34. o�- 3. The Mayor and the City Manager are authorized and directed to execute any Y Y g documents or certificates as may be required to accomplish the cancellation, subject to review of such documents and certificates by the City Attorney. ADOPTED by the City Council of the City of Eden Prairie February 7, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk SEAL y ennepjn ountEqual Opportunity Employer James M.Bourey, County Administrator ti 4 January 17, 1995 Kathy Hermann-Special Assessments Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Kathy Hermann: Enclosed please find a copy of excerpts from the Minnesota Statutes 1992,for MS 279.33 and MS 279.34. These sections deal with cancellation of a forfeiture. MS 279.33 explains the reasons which are acceptable to successfully cancel a forfeiture. I have highlighted in green the portion which I feel applies to your particular scenario as discussed on the phone today. Because under the section that mentions"because of defective service of the notice of forfeiture or other reason",I believe your explanation that the special assessments should not have gone towards the common area of the condominium but towards the individual units as per their respective percentages of interest,this should fall under the other reasons area of this statute. MS 279.34 states who can cancel a forfeiture. Briefly, it is the former owner producing satisfactory evidence that the tax was either never due or else paid;or the County Auditor privy to knowledge of the facts which constitute the need for a cancellation. The later part about the County Auditor is the section I believe that pertains to this scenario and thus I highlighted it in green also. With this information, I hope you can provide me with a City Resolution which requests the County Auditor to make application for cancellation of the forfeiture against parcel 01-1 16-22-31-002,commonly known as one of the parking lots for the Primetech Park Condominium No. 508. Included, also, should be a request for the Hennepin County Board of Commissioners and the Commissioner of Revenue to approve the Cancellation of Forfeiture and order the County Auditor to record/file as appropriate a Certificate of Cancellation as outlined in MS 279.34. 1 apologize for not being able to send you a sample resolution for a prototype. I could not locate a past file to extract your request from.lf I can be of further assistance please contact me at 348-2995. Sincerely, Patrick H. O'Connor, Manager Taxpayer Services Division Gary S. Hoecherl, Deputy County Auditor Delinquent Tax& Forfeited Land PHO/GSH Enclosure i Hennepin County General Services Taxpayer Services Division Recycled Paper A-600 Hennepin County Government Center Minneapolis, Minnesota 55487-0060 `rf' iZ72,33 CANCELLATION OF CERTIFICATES OF FORFEITURE FOR f ether' hedi_ ICH WERE EXEMPT. ,. . a T {F art,off, �bl ::Where acertificate of forfeiture required by the laws of the United States in the —h — taking j mg lands which were exempt from taxation underwere h sucetl -�* he amoa year upon which the supposed forfeiture is based,oen or subdiv sionaneS�a at the b" 0 1 li by the state of Minnesota --� N etYJOL_ S Y.l f tune the supposed,forfeiture took place or lands -,, l+ the title thereto did not in fact fo eft t`o tSe t i.,di fo" fe .3.: rid ;°State,has been erroneously recorded or filed,such forfeiture may,beset astde and siic 279.33 DELINQliE,14T REAL ESTATE TAXES 1202 1203 mow_ * +- "'°' - certificate may be canceled as to"an .,such�Iands Inthe,;manne p oYaEs�ectto (b) 4279;34 tion 274 History: (2164-12a) 1939 c 312 s 1; 1941 c 441 s 1; 1947 c 279 s 1 interest dex i 279.34 APPLICATION BY OWNER Sub k~r The owner at the time of forfeiture or someone authorized to act in the owner's whom tt .;; behalf shall file an application for cancellation with the county auditor submitting may ma. therewith a statement of the facts of the case and satisfactory proof that the supposed a writte: forfeiture was erroneous upon one or more of the grounds stated in section 279.33. contest Such application may be made by the county auditor when the'auditor has knowledge J to cons: Y . of the facts. Such application shall be considered by the county board and the county county, auditor as in the case of application under section 270.07,and shall thereafter be sub- ceeding= mitted to the commissioner of revenue with the recommendation of the county board to the p and the county auditor. The commissioner of revenue shall consider the application in the p ' and on determining that the supposed p grounds g pposed forfeiture was erroneous upon such shall judgme: order the county auditor to record and file in the manner in which the original cenifi- delinqu cate of forfeiture was recorded and filed a certificate of cancellation,specifically describ- nine eq ing the land which did not in fact forfeit, which shall refer to the original certificate, on insta the provisions of sections 279.33 and 279.34, and the proceedings taken pursuant vear fol thereto,and state that the original certificate is void,as to such lands,upon the grounds tially as '- so determined. Upon compliance with such order by the county auditor,the supposed "T a - forfeiture and original certificate thereof, as to lands included therein but which the owner commissioner found by order did not in fact forfeit, shall be void. Unless exempt,the : Mitrne_ lands affected by such cancellation shall be deemed to have been subject to taxation as year .... if the supposed forfeiture had not occurred, and all taxes and assessments which have _ amoun. been canceled or omitted be reinstated or levied and assessed as in the case of omitted y. ment it taxes, as the case may require. _ affectir. History: (2164-12b) 1939 c 312 s 2; 1941 c 441 s 2; 1947 c 279 s 2, 1973 c 682 s 3, judgme t 1986 c 444 `^ hereby C' est:I a-. 279.35 [Repealed, 1965 c 45 s 73] ? interes- 4 d 279.36 [Repealed, 1965 c 45 s 73] unpaic ber 31 e 279.37 CONFESSION OF JUDGMENT FOR DELINQL-ENT TAXES. .- _ taxes,:. Subdivision l.Composition into one item.Delinquent taxes upon any parcel of teal judgm: estate may be composed into one item or amount by confession of judgment at any time prior to the forfeiture of the parcel of land to the state for taxes, for the aggreg0C Dc amount of all the taxes,costs,penalties.and interest accrued against the parcel,as here Sa inafter provided. Taxes upon property which, for the previous year's assessment.was =` tar sha ., classified as mineral prope rty,employment property,or commercial or industrial pt+oQ• s the otF erty shall only be eligible to be composed into any confession of judgment under this = of the section as provided in subdivision I a. Delinquent taxes on unimproved land are dip'__ .' SL ble to be composed into a confession of judgment only if the land is classified as how : r: menu stead, agricultural, or timberland in the previous year or is eligible for installer payment under subdivision I a.The entire parcel is eligible for the ten-year install Durpc S: plan as provided in subdivision 2 if 25 percent or more of the market value of the p'uOd 3 . lands is eligible for confession of judgment under this subdivision. - 9tst Subd. I a.The deiinquent taxes upon a parcel of property which was classified clam S 4c pursuant to section 273.13,subdivision 9,or for taxes assessed in 1986 and lva theme' lue ;1thc: ter, classified class 3a, for the previous year's assessment and had a total ma t sr of less than that same assessment shall be eligible to be compote ism as for a confession of judgment. Property qualifying under this subdivision shall be s K ' paid to the same provisions as provided in this section except as herein prom' the or (a) The down payment shall include all special assessments due in the current. c year,all delinquent special assessments,and 20 percent of the ad valorem tax. of cac and interest accrued against the parcel.The balance remaining shall be payable is� Q� equal annual installments: and S MAUN&SIMOKPLC LAWRENCE J.HAYES- MINNEAPOLIS OFFICE J. PATRICK BRINKMAN' JEROME B.SIMON RICHARD C.SALMEN JOHN C.JOHANNESON 2900 NORWEST CENTER JOHN J.8OWDEN JAMES W.BREHL- 90 SOUTH SEVENTH STREET PHILIP T.CO LTON BRUCE G.ODLAUG RUTH SILSETH MARCOTT ALBERT A.WOODWARO MINNEAPOLIS,MINNESOTA 55402-4133 TREVOR R.WALSTEN GARRETT E.MULROONEY- TELEPHONE 612-338-1113 JOHN R.LANDIS WILLIAM J.HASSI NG- TELECOPIER 612-338-2271 MARK R.GLEEMAN JAMES A.GALLAGHER STEPHEN E.YOCH CHARLES BANS JENNIFER A.TENENBAUM GARRY A.GERSICK SAINT PAUL OFFICE JEANNE GLADER KILOOW GEOFFREY P.JARPE- DANIEL S.SIMON RICHARD M.GAALSWYK 2300 WORLD TRADE CENTER LARRY B.GUTHRIE 30 EAST 7TH STREET SETH M.COLTON SAINT PAU L,MIN N ESOTA 55101-4904 OF COUNSEL HAROLD LEVANDER,JR. TELEPHONE 612-229-2900 JOSEPH M.NEMO.JR. TELECOPIER 612-229-2800 RETIRED -ALSO ADMITTED IN WISCONSIN MERLYN C.GREEN REPLY TO: Minneapolis JOSEPH A.MAUN 1909-1991 January 24, 1995 Kathy Hermann Special Assessments Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Primetech Joint venture Dear Kathy: Enclosed pursuant to our telephone conversation is a proposed Resolution to be adopted by the Eden Prairie City Council recommending the cancellation of the tax forfeiture. I have sent this proposed Resolution to Gary Hoecherl at the Hennepin County Delinquent Tax and Forfeited Land Division and he has found the same to be acceptable. If you have any questions regarding the Resolution please let me know. It is my understanding, assuming that the Resolution is acceptable, that you will have the matter presented to the Eden Prairie City Council at their meeting on February 7, 1995. It is my understanding that it will not be necessary for myself or someone representing the owner to be present at the Council meeting. You also advise that once the tax forfeiture is canceled that the amount necessary to pay the special assessments in full is in the sum of$15,956.28. We will request from our client a check in this amount payable to the City of Eden Prairie,and have it sent to you prior to the City Council meeting. PROVIDING OVER 30 YEARS OF LEGAL SERVICES MtiV lV&SIMOlV,PLC Kathy Hermann January 24, 1995 Page 2 If there is anything else we need to do in connection with this matter, please advise. Very truly yours, (— Bruce G. Odlaug BGO:pl Enclosures 1/24/95,BG0,38174_1M t 17 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-7-95 SECTION: PUBLIC HEARINGS ITEM NO. VA. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger PIONEER RIDGE 2nd ADDITION Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 1st Reading of an Ordinance for PUD District Review on 12.13 acres, and Rezoning from Rural to R1-13.5 on 12.13 acres; • Resolution for PUD Concept Review on 19.03 acres; • Resolution for Preliminary Plat on 12.13 acres into 25 single family lots. BACKGROUND: Council action on this project will allow for the approval of 25 single family lots. The Planning Commission reviewed this project on January 9, 1995, and recommended approval of the project according to the January 6, 1995 Staff Report. PRIMARY ISSUES: Lots 14, 15, 16, 17, 18, and 20, Block 2 do not meet the 85 foot minimum street frontage requirement in the R1-13.5 Zoning District. The developer is requesting a Planned Unit Development District Review waiver to allow for less street frontage. The reason for the waiver is based upon the request from Hennepin County to plat additional right-of-way beyond the standard 17 feet right-of-way that is typically requested on collector roads. The additional right-of-way would allow for a right turn lane along Pioneer Trail. The request for additional right-of-way reduced the size of the rear yards along the County Roads. To increase the size of the lots which would allow room for berming and plantings, Azalea, Court was moved towards the east which resulted in less street frontage than the code would require. The Planned Unit Development waivers are justifiable for the following reasons: 1. The project density is 2.06 units per acre. This is less than the 2.5 units per acre allowed by the Guide Plan. V. A, 2. All lots meet the 85 foot width at the setback which allows for the proposed homes to meet sideyard setbacks. 3. No wetland fill. 4. More room is provided in the rear yards for berming and planting as a buffer along County Roads. Supporting Reports: 1. Staff Report dated 1-6-95 2. Planning Commission Minutes dated 1-9-95 3. Correspondence v, A " Z, PIONEER RIDGE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF PIONEER RIDGE 2ND ADDITION FOR R. H. DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Pioneer Ridge 2nd Addition for R. H. Development dated January 13, 1995, consisting of 12.13 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of February, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk PIONEER RIDGE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PIONEER RIDGE 2ND ADDITION FOR R. H. DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on Pioneer Ridge 2nd Addition by R. H. Development and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on February 7, 1995; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Pioneer Ridge 2nd Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated January 13, 1995. 3. That the PUD Concept meets the recommendations of the Planning Commission dated January 9, 1995. ADOPTED by the City Council of the City of Eden Prairie this 7th day of February, 1995. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk LEGAL DESCRIPTION FOR ASPEN PROPERTIES PIONEER RIDGE 2ND ADDITION EXHIBIT A That part of Northwest Quarter of Southwest Quarter of Section 21, Township 116 North, Range 22 West of the Fifth Principal Meridian, described as follows: Commencing at Northwest corner of Northwest Quarter of Southwest Quarter of said Section 21; thence East along North line 663.85 feet; thence South at right angles and parallel to west line to center of County Road No. 1 formerly known as Shakopee Road; thence Southeasterly along said center of road to point 771.85 feet due East of West line of Northwest Quarter of Southwest Quarter; thence South parallel to said west line 335.00 feet to South line of Northwest Quarter of Southwest Quarter; thence West along South line 771.85 feet to Southwest corner thereof; thence North along West line to point 198.00 feet South of center of County Road No. 1 formerly known as Shakopee Road; thence Southeasterly parallel to center line of said 235.00 feet; thence Northeasterly at right angles 183.00 feet to center of road; thence Northwesterly along said line 295.00 feet to west line of Northwest Quarter of Southwest Quarter; thence North along said line to beginning, County of Hennepin, State of Minnesota. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner DATE: January 6, 1995 SUBJECT: Pioneer Ridge 2nd Addition APPLICANT/ FEE OWNER: R. H. Development, Inc. LOCATION: County Road 4 and County Road 1 REQUEST: 1. Planned Unit Development Concept Review on 19.03 2. Planned Unit Development District Review on 12.13 acres with waivers. 3. Rezoning from Rural to R1-13.5 on 12.13 acres. 4. Preliminary Plat of 12.13 acres into 25 single family lots. 1 � Ma o gip, PAP long NEI mom m mom d eyu. �smr Staff Report Pioneer Ridge 2nd Addition Jaquary 6, 1995 BACKGROUND This site is currently guided Low Density Residential for up to 2.5 units per acre, or a total of 30 units. The property is currently zoned Rural. PRELIMINARY PLAT The Preliminary Plat depicts the subdivision of 12.13 acres into 25 single family lots. All of the lots meet the minimum lot size requirements of the R1-13.5 Zoning District. Lots 14, 15, 16, 17, 18 and 20, Block 2 do not meet the minimum 85 foot street frontage requirement. A waiver is requested through the Planned Unit Development District Review. The first plan reviewed by staff did not have any waivers. After a Hennepin County plat review, additional right-of-way was requested beyond the standard 17 additional feet so that a turn lane could be added along Pioneer Trail. This made lots along both County roads smaller. To increase lot sizes without losing lots, Azalea Court was moved towards the east which leaves street frontage available to meet the 85 foot minimum requirement. Staff believes the PUD waivers are justifiable for the following reasons: 1. The project density is 2.06 units/acre. This is less than the 2.5 units/acre allowed by the Guide Plan. 2. All lots meet the 85 foot width at the setback which allows for the proposed homes to meet sideyard setbacks. 3. No wetland fill. 4. More room is provided in rear yards for berming and planting as a buffer along county roads. ACCESS Access to this site is from Azalea Trail and County Road 4. Since site vision distance to the north is limited, the staff would recommend that this road connection not be made until Hennepin County upgrades the road. 2 V. AA . - g Staff Report Pioneer Ridge 2nd Addition January 6, 1995 GRADING There is an existing wetland delineated across Lots 15 and 16 near the County Road 4, County Road 1 Intersection. No wetland fill is proposed. There is also a low area on the north end of the property which will be enlarged somewhat for the storm drainage. There are no existing significant trees on site that would be lost due to grading practices. Construction of the property will result in the removal of the existing building along County Road 4 near the Azalea Trail entrance. LANDSCAPING AND SCREENING Along County roads, the City has required berming and landscaping to provide some initial privacy for the future homeowners. The landscaping plan is a combination of shade and conifer trees. A portion of these trees would be installed by Hennepin County as part of an agreement for the exchange of additional right-of-way to be dedicated. Lots 15 and 16 are immediately adjacent to the intersection of County Road 4 and County Road 1. Since it is not physically possible to provide a berm due to changes in grade and the wetland, staff recommends that the landscaping plan be modified to include trees along the east side of the wetland. UTILITIES Sewer and water is immediately available adjacent to this site. Storm water runoff from this site drains in a northerly direction towards a pretreatment pond on the north side of Azalea Trail. Water from this ponding area will travel by storm sewer pipe into Corral Lane and eventually into Red Rock Lake. Drainage and utility easements are needed along the rear lot lines of Lots 1 - 9, Block 2, and Lots 11 - 18, Block 2. A catch basin is needed along the rear lots 1 - 9, Block 2 to improve drainage. SIDEWALKS AND TRAILS The County will be constructing an eight-foot wide bituminous trail along County Road 4 and Pioneer Trail as part of the upgrading of the intersection. 3 U. A . ~ 9 Staff Report Pioneer Ridge 2nd Addition January 6, 1995 STAFF RECOMMENDATION The Community Development Staff would recommend approval of the request for Planned Unit Development Concept, Rezoning from Rural to R1-13.5 and Preliminary Plat of 12.13 acres into 25 lots based on plans dated December 14, 1994, subject to the Staff Report dated January 6, 1995, and subject to the following conditions: 1. Prior to Council review the proponent shall: A. Modify the landscaping plan to provide additional conifer and shade trees across the rear portion of Lots 15 and 16. B. Modify the preliminary plat for catch basins and drainage easements. 2. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff and utility and erosion control plans for review by the City Engineer. B. Submit detailed storm water runoff and utility and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, the proponent shall: A. Pay the appropriate cash park fee. 4. The Azalea Trail connection to County Road 4 shall not be constructed until the County Road 4 improvements have been completed. Developer shall install an appropriate barricade approved by the City. 5. Planned Unit Development waivers are granted for street frontages less than 85 feet for Lots 14, 15, 16, 17, 18, and 20, Block 2. 4 V, 10 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION January 9, 1995 C. PIONEER RIDGE 2ND ADDITION by R. H. Development. Request for Planned Unit Development Concept Review on 19.03 acres, Planned Unit Development District Review on 12.13 acres with waivers, Rezoning from Rural to R1-13.5 and Preliminary Plat of 12.13 acres into 25 lots. Location: County Road 4 and Pioneer Trail. Franzen stated that this was a project that started sometime last year but the developer asked for a continuance. The developer asked to spend more time with the City Engineering Department and Hennepin County looking at right- of-way to see how that could be fit into the project. The Planning Commission decided that rather than to continue the project, the public hearing 2 would be closed and a new public hearing scheduled once everything was worked out. Franzen introduced the developer, Ron Helmer, and the consultant, Wayne Tower. Wayne Tower, consultant, reviewed his project with the Planning Commission using visual aids. Sandstad asked if they have a plan showing the revised landscaping in that area. Tower replied that he does not, but they will be upgrading the landscaping. Sandstad asked if Staff has any problem with the scheduled agreement. Franzen replied that he didn't expect they would have more than half a dozen or so trees that would go in there. He said he looks at this as a minor modification of the plan. Schlampp asked if there is a wetland and where does it drain? Tower replied it will be a wetland and right now it doesn't drain anywhere. He said it will drain out a storm sewer system that they are providing and drain north up into that system. He said it will be in the pipe underneath between lots 16 and 17, and then it goes into the street. Franzen noted this is a piece of property that has been planned Low Density Residential since the City put their first Guide Plan back together in 1968. He said the proposal is for 25 lots, about 2 units per acre. All of the lots meet the minimum lot size requirements of the R1-13.5 Zoning District. The reason Staff spent more time looking at this project before passing it through the public hearing process, is because they wanted an opportunity to resolve the right-of-way and have room for county road expansion. Staff wanted all of this put in the plans so when someone buys a lot they will know where the road will be. Azalea Court was moved a little bit to the north and east so there would be more room in the backyard for berming, and the planting would provide a visual barrier to the future residents that will be purchasing lots on this property. The Staff Report is for approval of this project with minor modifications before the City Council. Some additional landscaping on Lots #15 and #16 is required. There is a requirement for an additional catch basin to help better drain the backyards. There has to be a drainage utility easement over all the sewer and water lines. Kenneth A. Lindemann, 15901 Corral Lane, expressed concern of the impact of the catch basin to his property because he lives right next door. He asked if there was going to be a water level maintained. 3 V. �2., Tower replied that there will be a water level maintained because that's part of the system, and that's how water is actually checked as it passes. Lindemann stated that they have lived there for 15 years and never had a problem with the water, and expressed concern about the run off and the additional landscaping needed. They also would like the record to note that they have never had a problem with the water, and that if there is any problem in the future somebody has to be responsible for it. Tower replied that the pond has been increased in size so it will handle the extra water. They have not thought about the landscaping except for putting in top soil and plantings as a sod or that type of thing. He said eventually it will start looking like a natural wetland. Lindemann expressed concern about the safety of the children near the pond because there are very young children in their neighborhood. Tower replied that the design of the pond is such that the slope comes down to the edge of the pond, and it will not be greater than 3:1. At that point the pond turns into a 10:1 slope and that's where the water will normally be. Once it moves approximately 20 feet, then it will become steeper again and go to the bottom of the pond. Therefore, there's going to be 15 to 20 feet which would be the safe area that will not be over their heads. Nancy Nicklay, representing the estate of Harry A. Rogers, 16011 Lake Shore Drive, stated that she comes before the Planning Commission for the property across the street from County Road 4 which is her grandfather's, and she is the personal representative for the estate. She expressed concern about the number of traffic lanes on County Road 4. Tower replied that ultimately it's going to be 4 lanes with a turning lane. Franzen noted that there will be a median in the center of County Road 4 back from the intersection up to Azalea Trail. He said if you are coming from Pioneer Trail and wanted to go north on County Road 4, there will be a right turn lane. That's why the County wanted additional right-of-ways. The County has settled on the amount of right-of-ways they want on this piece of property. Nicklay stated that her concern is on the other side of the street where whoever develops 4 1/2 acres of that property is also expected to do the road services for Pioneer Park. She expressed concern with the way the road is set up coming out to County Road 4, that it dumps all the burden of the roads to Pioneer Park and to whatever develops on her grandfather's property, on to 4 �'. A . - 13 the developer of her grandfather's property. Kardell replied that she understands her concerns on this, but that it doesn't relate to this particular project. Larry Johnson, 8947 Eden Prairie Road, stated that he lives at the corner of where the new road comes in off of County Road 4. He said from looking at the plan it looks as though the road comes directly adjacent to his property. He expressed concern about the grade changes that will occur on that property line and what changes will happen. Tower replied that they are going to have to review that a little bit, and they are not going to do any grading on his property. They are not going to violate his property in any way. If it is in the right-of-way and it does go over the property line, it's possible that some of that will have to be taken out. He said they have not reviewed exactly how much the grade change is going to be. Clinton expressed concern about the wetland water running downhill to the street at 898. He is having difficulty in seeing how it's going to get to the street. Tower replied that it will be a pipe and the pipe will be buried under the ground. Bauer stated that the last two speakers have significant issues and suggested to them to consult with an attorney about their concerns. Sandstad stated that the project works very well and has no difficulty with the lot issues. Kardell also stated that the project works well and has no problem with it. MOTION 1: Bauer moved, seconded by Foote, to close the public hearing. Motion carried 7-0-0. MOTION 2: Bauer moved, seconded by Foote, to recommend to the City Council approval of the request of R. H. Development for Planned Unit Development Concept Review on 19.03 acres, Planned Unit Development District Review on 12.13 acres with waivers, Rezoning from Rural to R1-13.5 and Preliminary Plat of 12.13 acres into 25 lots based on plans dated December 14, 1994, and subject to the recommendations of the Staff Report dated January 6, 1995. Motion carried 7-0-0. 5 MEMORANDUM TO: Parks, Recreation &Natural Resources Commission Eden Prairie City Council THROUGH: Robert Lambert � FROM: Stuart Fox 9kf� DATE: February 1, 1995 SUBJECT: Supplemental Staff Report to the January 6, 1995 Community Development Staff Report for Pioneer Ridge Second Addition RECOMMENDATION: The Parks, Recreation & Facilities staff recommends approval of this project based on the January 6, 1995 Community Development staff report and this supplemental memorandum. BACKGROUND: The property is currently owned by Ron Helmer of R.H. Development and is 12.13 acres in size. The plan involves rezoning from rural to R1-13.5 with a total of 25 single family lots. ISSUES Tree Preservation: The project has no loss of significant trees on the site due to grading or development practices. Although there are no trees being lost, the property owner has agreed to the City's requirement of berming and landscaping along both County Road 4 and County Road 1. The trees to be planted will be a combination of hardwood and coniferous material. Three lots will not be planted, Lots 15, 16, and 17, until the final upgrading of County Road 1 and 4 is complete. Grading Minimal grading will be necessary for this site; however, in the process of general grading for the road and paths there will be material generated to create berms along both of the county road frontages. Wetland Impacts and Storm Water Treatment The proponent is required to follow all Riley/Purgatory Creek Watershed District regulations and submit a detailed plan to the City Engineer prior to final plat approval. There is a wetland of approximately .4 acre delineated in the southwestern corner of the project and this will be protected by retaining walls and appropriate erosion control measures. 1 V, AI-K The runoff water for the project will be handled through the street drainage catch basins and will be diverted to a NURP pond in the north central portion of the project. This NURP pond will be on outlot A and that outlot will be dedicated to the City. The outflow of that particular pond will take the water into an existing storm water system in Corral Lane which flows eastward and eventually ends up in Red Rock Lake. Sidewalk and Trail Issues The proponent has worked out an agreement with the County and the City as far as construction of the 8 foot bituminous trail along County Road 1 and County Road 4. This has resulted in preserving a wide enough corridor for construction of the trail at such a time as the County upgrades both of these roadways. In addition, the trail along Pioneer Trail would be extended to the east to intersect with Palmetto Drive. The staff has recommended that a sidewalk be constructed concurrent with development on the north side of Azalea Trail. This was not covered in the Community Development staff report but staff has spoken with Mr. Helmer, and he is aware that this recommendation is being made. The construction of the sidewalk would be done according to City standards and since the road connection of Azalea Trail to Highway 4 would not be a thru street until the County upgrade, this sidewalk would subsequently deadend at the same point as the road construction. In addition, the staff will try to work with Mr. Helmer in getting the sidewalk continued along Azalea Trail to the east across three lots that were approved in Pioneer 1st Addition. It is hoped that this sidewalk construction can be done with Pioneer Ridge 2nd Addition since it is the same developer, or the City would have to implement a special assessment project to access the cost of installing the sidewalk across this 300' section of property. The reason for a sidewalk on the north side of Azalea Trail is to provide for pedestrian and bicycle traffic in the future when Azalea Trail is eventually extended through the McGraw property to the east. This would provide direct access along Azalea Trail between County Road 4 and Mitchell Road. STAFF RECOMMENDATION: The Planning Commission approved this addition as per the Staff Report dated January 6, 1995. PioneerR/Stuart 2 , �►«- 1 ► DATE: CITY COUNCIL AGENDA FEBRUARV 7, 1995 SECTION: DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE DEPT PAYMENT OF CLAIMS VI CHECKS NUMBER 28016 THRU 28485 Action/Direction: FEBRUARY 7, 1995 VI 28016 BYERLYS EXPENSES-CITY COUNCIL. 42.99 28017 HENNEPIN COUNTY TREASURER FILING FEE FOR NOTARY COMMISSION-FINANCE 25.00 DEPT. 28018 HENNEPIN COUNTY TREASURER LICENSE APPLICATION-ROUND LAKE PARK 151.00 CONCESSIONS. 28019 BOB LANZI REIMBURSMENT FOR WIRE TRANSFER CHARGE- 10.00 FINANCE DEPT. 28020 WARNING LITES OF MN INC CONFERENCE-STREET MAINTENANCE. 45.00 28021 TIE SYSTEMS INC FINAL PAYMENT FOR PHONE SYSTEM-SENIOR 2495.00 CENTER. 28022 WOLFF FORDING & COMPANY ICE SHOD! COSTUMES FOR 1995-COMMUNITY 1472.69 CENTER. 28023 NORTHERN STATES POWER CO SERVICE. 6687.58 28024 BARBARA ANDERSON REFUND-STEP N COMBO LESSONS. 7.70 28025 BETTE ANDERSON REFUND-BRIDGE REFRESHER LESSONS. 20.00 28026 KELSEY ANDERSON REFUND-SMART SELF DEFENSE LESSONS. 10.00 28027 DEBRA BERGSTRAND REFUND-SWIMMING LESSONS. 15.00 28028 TING CARLSON REFUND-SWIMMING LESSONS. 21.00 28029 BECKY CHUVA REFUND-SKATING LESSONS. 85.66 28030 SUSAN DOEDEN REFUND-SKATING LESSONS. 42.83 28031 SUE HAMILTON REFUND-SKATING LESSONS. 38.66 28032 MARGARET JOHNSON REFUND-KIDS KORNER PROGRAM. 25.33 28033 DEBORAH JONES REFUND-CIRCUS PIZZA/MAPLEWOOD TRIP- 26.00 SPECIAL TRIPS & EVENTS PROGRAM. 28034 JILL LIESENER REFUND-STEP AEROBICS LESSONS. 27.00 28035 DONNA REICHMUTH REFUND-BRIDGE REFRESHER LESSONS. 20.00 28036 CELESTE SCOLORO REFUND-SKATING LESSONS. 33.60 28037 TANJA THOMAS REFUND-SMART SELF DEFENSE LESSONS. 10.00 28038 JOY TRUE REFUND-GYMNASTICS LESSONS. 24.00 28039 DARILYNN ZINN REFUND-SWIMMING LESSONS. 15.00 28040 THOMAS BROWN SCHOOL ADVANCE-POLICE DEPT. 660.00 28041 JAMES SCHLOSSMACHER SCHOOL ADVANCE-POLICE DEPT. 325.00 28042 THOMAS BROWN ACCIDENT RECONSTRUCTION RESOURCE MATERIAL- _ 150.00 POLICE DEPT. 28043 MAINLINE TRAVEL SCHOOL AIRFARE-POLICE DEPT. 648.00 28044 INSTITUTE OF POLICE TECHNOLOGY & SCHOOL-POLICE DEPT. 1190.00 28045 GRIFFIN COMPANIES ERNEST MONEY FOR LAND PURCHASE IN CUB 5000.00 FOODS AREA. 28046 AFTON ALPS SKI AREA TICKETS-SPECIAL TRIPS & EVENTS PROGRAM. 455.00 28047 CIRCUS PIZZA TICKETS-SPECIAL TRIPS & EVENTS PROGRAM. 210.87 28048 MAPLEWOOD COMMUNITY CENTER TICKETS-SPECIAL TRIPS & EVENTS PROGRAM. 131.40 28049 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/HUMAN RIGHTS & 3711. 19 SERVICES COMMISSION. 28050 MCI TELECOMMUNICATIONS SERVICE. 305.66 28051 APPLEBEES GIFT CERTIFICATE-SAFETY INCENTIVE PROGRAM. 25.00 28052 DEPT OF PUBLIC SAFETY COMMERCIAL DRIVER LICENSE RECORDS-SAFETY 202.50 DEPT. 28053 GENUINE PARTS COMPANY OIL PUMP/FRAME/V-BELTS/THERMOSTAT/AIR/ 3122.39 FUEL & OIL FILTERS/SWITCHES/SEALS/BLADES/ BULBS/CONNECTIONS/WIRE SETS/MANIFOLD/ INJECTORS/BEARINGS/U-JOINTS/BLOWER MOTOR/ STEERING PT/MUFFLERS/COOLANT/FITTINGS/ HOSE ENDS/TAPE/FUSES/SILICONE/AIR VALVE/ BAR PUMP/OIL & SUCTION GUNS/ALTERNORS/ BOLTS/HORN/EXHAUST PIPE/TOWELS/DISPENSER/ FLASHER/PLUGS/GRAPHICS/MARKERS-CIVIL DEFENSE DEPT/EQUIPMENT MAINTENANCE/ 2748805 UTILITIES DIVISION/PARK MAINTENANCE. FEBRUARY 7, 1995 1. FEBRUARY 7, 1995 VI 28054 KRAEMERS HOME CENTER CAN CRUSHER/THINNER/SOAP/CLIPS/TIMERS/ 827.22 CORDS/CABLES/CLAMPS/KEYS/KEY CHAINS/KEY HOLDERS/SPRAY HEAD/FLOOR PROTECTION/0- RINGS/SCREWS/HOOKS/BATTERIES/SPRAY PAINT/ WRENCHES/SCREWDRIVERS/LID COVERS/TAPE MEASURE/EXTENSION CORDS/PLIERS/LIGHT BULBS/VALVE-FIRE DEPT/STREET MAINT. 28055 ALICE HOUTENVILLE REFUND-MEMBERSHIP FEE. 62.50 28056 JIM RICHARDSON BRASS PLATE & PHOTO REPLACED-CITY COUNCIL. 30.00 28057 ACCOUNTEMPS SERVICE-FINANCE DEPT. 1568.00 28058 BECKER ARENA PRODUCTS INC BUSHINGS/RESURFACER REPAIR-COMMUNITY 139.65 CENTER. 28059 HENNEPIN COUNTY TREASURER DECEMBER 94 WASTE DISPOSAL-PARK 74.22 MAINTENANCE. 28060 MID-AMERICA POWER DRIVES COUPLERS-EQUIPMENT MAINTENANCE. 155. 11 28061 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 4209.30 COMMUNITY CENTER/BOOKCASES-HISTORICAL INTERPRETATION PROGRAM. 28062 DAVE PERKINS CONTRACTING INC STORM SEWER IMPROVEMENTS-BRANCHING HORN- 7900.00 STORM DRAINAGE PROGRAM. 28063 R & R SPECIALTIES INC BLADE BOLTS-COMMUNITY CENTER. 25.56 28064 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING. 911 .80 28065 PETTY CASH ADDITIONAL CHANGE FUND FOR CONCESSIONS 50.00 AND SAFE-COMMUNITY CENTER. 28066 KOCH BUS SERVICE BUS SERVICE-SKI TRIP PROGRAM. 324.83 28067 FAMILY FUN WORLD TICKETS-SPECIAL TRIPS & EVENTS PROGRAM. 151.76 28068 WELCH VILLAGE SKI AREA TICKETS-SKI TRIP PROGRAM. 675.00 28069 CANADA LIFE ASSURANCE CO JANUARY 95 DISABILITY INSURANCE PREMIUM. 2101.57 28070 CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 01-06-95. 276.93 28071 CARVER COUNTY COURTHOUSE PAYROLL 01-06-95. 49.37 28072 FEDERAL RESERVE BANK PAYROLL 01-06-95 SAVINGS BONDS. 400.00 28073 GREAT-WEST LIFE & ANNUITY PAYROLL 01-06-95. 7495.50 28074 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 01-06-95. 240.46 28075 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 01-06-95. 298.00 28076 ICMA RETIREMENT TRUST-457 PAYROLL 01-06-95. 3468.64 28077 INTL UNION OF OPERATING ENGINEERS JANUARY 95 UNION DUES. 1270.00 28078 MN DEPT OF REVENUE PAYROLL 01-06-95. 200.00 28079 MINNESOTA DEPT OF REVENUE PAYROLL 01-06-95. 186. 12 28080 MINNESOTA MUTUAL LIFE PAYROLL 01-06-95. 1011 .50 28081 MN STATE RETIREMENT SYSTEM PAYROLL 01-06-95. 167.00 28082 MN TEAMSTERS CREDIT UNION PAYROLL 01-06-95. 25.00 28083 EXECUTIVE DIRECTOR-PERA PAYROLL 01-06-95. 192.50 28084 EXECUTIVE DIRECTOR-PERA FEBRUARY 95 LIFE INSURANCE PREMIUM. 225.00 28085 EXECUTIVE DIRECTOR-PERA JANUARY 95 LIFE INSURANCE PREMIUM. 20968.36 28086 PRUDENTIAL INSURANCE CO JANUARY 95 LIFE INSURANCE PREMIUM/JANUARY 2899.49 95 LIFE INSURANCE PREMIUM. 28087 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 01-06-95. 350.00 28088 PROP REFUND-GARDEN PLOT. 12.00 28089 MN STATE FIRE DEPT ASSN CONFERENCE/LODGING DEPOSIT-FIRE DEPT. 460.00 28090 NORTH SUBURBAN REGIONAL SCHOOL-FIRE DEPT. 190.00 5959239 FEBRUARY 7, 1995 2. FEBRUARY 7, 1995 VI 28091 LEAGUE OF MN CITIES 1995 DIRECTORY OF MN CITY OFFICIALS-CITY 22.80 COUNCIL. 28092 MINNESOTA PUBLIC ROADS SUBSCRIPTION-STREET MAINTENANCE. 50.00 28093 NATL RECREATION & PARK ASSN ACCESSIBILTY REQUIREMENTS VIDEO-ADA 29.95 IMPROVEMENTS-CITY HALL. 28094 JOANN FERBER REFUND-SWIMMING LESSONS. 3.00 28095 VICKI SINHA REFUND-SKATING LESSONS. 26.00 28096 THE UNITED STATES CONFERENCE OF M CONFERENCE-CITY COUNCIL. 350.00 28097 PIER HOUSE RESORT CONFERENCE LODGING-CITY COUNCIL. 888.00 28098 U S WEST COMMUNICATIONS SERVICE. 314.60 28099 JODY SOLFELT REFUND-AFTON ALPS SKI TRIP. 22.00 28100 WASHINGTON COURTYARD CONFERENCE LODGING-CITY COUNCIL. 503.20 28101 MID-AMERICA POWER DRIVES RVC CABLES-EQUIPMENT MAINTENANCE. 182.34 28102 BELLBOY CORPORATION BEER. 55.94 28103 DAY DISTRIBUTING COMPANY BEER. 9318.75 28104 EAST SIDE BEVERAGE CO BEER. 11426.60 28105 MARK VII DISTRIBUTING COMPANY BEER. 17939.00 28106 MIDWEST COCA COLA BOTTLING CO MIX. 509.65 28107 PEPSI-COLA COMPANY MIX. 265.85 28108 PHILLIPS WINE & SPIRITS BEER. 18.98 28109 THORPE DISTRIBUTING COMPANY BEER. 13914.50 28110 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 288.00 28111 CARD SERVICES CONFERENCE EXPENSES-CITY COUNCIL. 2791 .22 28112 W W GRAINGER INC TOGGLE SWITCH-PUBLIC WORKS BLDG. 42.95 28113 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT-FIRE DEPT. 47.25 28114 METRO INTERCON INC SERVICE-BATHROOM RENOVATIONS-CITY CENTER. 640.00 28115 POWERTEX SPORTSWEAR INC SWEATSHIRTS-HISTORICAL & CULTURAL 39.00 COMMISSION. 28116 JIM RICHARDSON DISASSEMBLE & INSTALL METAL TITLE PLATES/ 45.00 REASSEMBLE-CITY HALL. 28117 NORTHERN STATES POWER CO INSTALLATION OF UNDERGROUND SERVICE & 2310.00 TRANSFORMERS FOR WELL HOUSES 11 & 12. 28118 DEPARTMENT OF NATURAL RESOURCES 1994 WATER USE REPORT-WATER DEPT. 9489.00 28119 THE STATE OF MINNESOTA VEHICLE INSPECTION DECALS-EQUIPMENT 20.00 MAINTENANCE. 28120 PATSY ANDERSON REFUND-CROSS COUNTRY SKI-CLINIC. 20.00 28121 STAN BANDUR REFUND-SKATING LESSONS. 45.83 28122 DIANE BRANDABUR REFUND-SKATING LESSONS. 34.49 28123 CASSIE CHRISTENSEN REFUND-1995 ICE SHOW. 42.00 28124 JORNADINE CHRISTENSON REFUND-YOUTH SKI TRIP. 11 .00 28125 ROSEMARY DOYLE REFUND-CROSS COUNTRY SKI CLINIC. 40.00 28126 SHRIPAD GODBOLE REFUND-SWIMMING LESSONS. 72.00 28127 ELAINE GORDON REFUND-CROSS COUNTRY SKI CLINIC. 20.00 28128 CYNTHIA HOAGLUND REFUND-1995 ICE SHOW. 30.00 28129 DEBRA HOL REFUND-SKATING LESSONS. 34.49 28130 ADELE KRANTZ REFUND-HISTORY CENTER TRIP. 12.00 28131 DAN LENHARD REFUND-GYMNASTIC LESSONS. 24.00 28132 TERRI MATTSON REFUND-WINTER SAMPLER WEEKEND. 5.00 28133 GLADYS OLSON REFUND-PHOENIX AZ TRIP. 100.00 28134 NICK ROSE REFUND-CMS SKI TRIP. 15.00 7205939 FEBRUARY 7, 1995 3. FEBRUARY 7, 1995 VI 28135 JODY SOLFELT REFUND-SKI TRIP/GYMNASTICS LESSONS. 30.00 28136 SUZANNE SVIHRA REFUND-SWIMMING LESSONS. 21.00 28137 SHARON SYVERSON REFUND-PHOENIX AZ TRIP. 100.00 28138 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL. 248.82 28139 NORWEST BANKS MN N A PAYROLL 01-20-95. 86442.56 28140 STATE OF MINNESOTA PUBLICATION-SAFETY DEPT. 19.12 28141 STATE OF MINNESOTA REFERENCE BOOK-ENGINEERING DEPT. 34.77 28142 HENNEPIN TECHNICAL COLLEGE CONFERENCE-EQUIPMENT MAINTENANCE. 120.00 28143 JASON-NORTHCO L P #1 FEBRUARY 95 RENT-LIQUOR STORE I. 5292.00 28144 UNITED PROPERTIES FEBRUARY 95 RENT-LIQUOR STORE III. 6465.00 28145 IACP SCHOOL-POLICE DEPT. 380.00 28146 MN RECREATION & PARK ASSN SCHOOL-POLICE DEPT. 35.00 28147 MN DEPT OF AGRICULTURE RENEWAL APPLICATION FOR AGRICULTURAL 225.00 LIMING MATERIAL LICENSE. 28148 DAYS INN DOWNTOWN CONFERENCE LODGING-FIRE DEPT. 154.00 28149 ROSE ANDERSON REFUND-EXERCISE CLASS. 35.00 28150 HARRIET BOLLIG REFUND-CROSS COUNTRY SKI CLINIC. 20.00 28151 MERCEDEZ JONES REFUND-SWIMMING LESSONS. 24.00 28152 MARY KARANIKOLAS REFUND-CROSS COUNTRY SKI CLINIC. 40.00 28153 TAMORA LAFLEUR REFUND-SWIMMING LESSONS. 24.00 28154 YUFENG LI REFUND-MEMBERSHIP FEE. 135.90 28155 RICH MULLER REFUND-CROSS COUNTRY SKI CLINIC. 10.00 28156 MICHELE SCHULTZ REFUND-CROSS COUNTRY SKI CLINIC. 15.00 28157 JULIE STEVENS REFUND-CMS SKI TRIP. 15.00 28158 MARY WARREN REFUND-KIDS KORNER PROGRAM. 19.66 28159 WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 01-20-95. 900.00 28160 STATE OF MINNESOTA MECHANICAL & PLUMBING CODE AMENDMENTS- 127.16 BLDG INSPECTIONS DEPT. 28161 HENNEPIN COUNTY TREASURER FILING FEES FOR NOTARY COMMISSIONS-CITY 200.00 EMPLOYEES. 28162 MN RECREATION & PARK ASSN VOLLEYBALL & BASKETBALL STATE BERTH 820.00 ENTRIES-ORGANIZED ATHLETICS PROGRAM. 28163 ANCHOR PAPER COMPANY WHITE & COLORED COPY PAPER-CITY HALL. 1243.91 28164 MINNESOTA VALLEY ELECTRIC COOPERA SERVICE. 35.72 28165 CURTAIN CALL COSTUMES ADDITIONAL ICE SHOW COSTUME-COMMUNITY 25.95 CENTER. 28166 ICAP SCHOOL-POLICE DEPT. 380.00 28167 DEBRA CROOKS REFUND-SKATING LESSONS. 30.32 28168 TANJYA THOMAS REFUND-STANDARD FIRST AID LESSONS. 9.00 28169 WORDPERFECT MAGAZINE MAGAZINE BINDERS-POLICE DEPT. 23.90 28170 BELLBOY CORPORATION LIQUOR. 146.60 28171 EAGLE WINE CO LIQUOR & WINE. 4534.36 28172 GRIGGS COOPER & CO INC LIQUOR. 41481 . 10 28173 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE. 65559.28 28174 PAUSTIS & SONS CO WINE. 2251 .55 28175 PHILLIPS WINE & SPIRITS LIQUOR & WINE. 52328.32 28176 PRIOR WINE CO LIQUOR & WINE. 11726.29 28177 QUALITY WINE & SPIRITS CO LIQUOR & WINE. 31386.36 28178 THE WINE COMPANY WINE. 1073.11 28179 GENE ABBOTT EXPENSES-BLDG INSPECTIONS DEPT. 4.50 31419326 FEBRUARY 7, 1995 4. FEBRUARY 7, 1995 VI 28180 ABBOTT PAINT & CARPET CO EPDXY FILLER/PAINT BRUSHES/ROLLERS & 1362.96 FRAMES/ROLLER COVER-WATER DEPT. 28181 ACCOUNTEMPS SERVICE-FINANCE DEPT. 1646.68 28182 AFFIRMED MEDICAL SERVICES INC FIRST AID SUPPLIES-CITY HALL. 46.40 28183 AIM ELECTRONICS INC BULBS-COMMUNITY CENTER. 191. 13 28184 AIRSIGNAL INC JANUARY 95 PAGER SERVICE-ENGINEERING DEPT/ 200.57 COMMUNITY SERVICES DEPT/STREET MAINTENANCE. 28185 ALPHA VIDEO & AUDIO INC PROJECTOR LAMPS-SENIOR CENTER. 33.97 28186 ALTERNATIVE GRAPHICS PRINTING CO PRINTING-SENIOR NEWSLETTER. 650.00 28187 ALTERNATIVE BUSINESS FURNITURE IN MODIFY ANGLE ON DRAFTING TABLE-FACILITIES 90.00 DEPT. 28188 AMERICAN PHOTO COPY COPIER MAINTENANCE AGREEMENT-CITY HALL. 330.00 28189 AMERICAN HEAT TRAINING VIDEOS-FIRE DEPT. 695.00 28190 AMERICAN RED CROSS LIFEGUARD TEXTBOOKS/MANUALS/RESCUE 780.65 MANIKIN RENTALS-POOL LESSONS. 28191 ASCAP ENTERTAINMENT LICENSE FEE-COMMUNITY 450.00 CENTER. 28192 AMERICAN WATER WORKS ASSOC PUBLICATIONS-WATER DEPT. 450.00 28193 EARL F ANDERSEN & ASSOC INC HYDRANT SYMBOL SIGNS/DECALS-WATER DEPT/ 1207.28 TRAFFIC CONTROL SIGNS-STREET DEFT/CHAIN/ SPLASH PROOF BELT SEAT/BUCKET SEAT-PARK MAINTENANCE. 28194 ANDERSONS GARDEN EXPENSES-FIRE DEPT. 28.50 28195 APTUS WASTE EVALUATION-INCINERATION-PARK 500.00 MAINTENANCE. 28196 ARMOR SECURITY INC LOCK REPAIR/CYLINDER REKEYED-COMMUNITY 119.00 CENTER. 28197 ARUSA INC REFUND-OVERPAYMENT FALSE SECURITY ALARM 100.00 FEE. 28198 ASPEN EQUIPMENT COMPANY CARRIER-WATER DEPT. 65. 18 28199 DON ATKINS HAY BALES-STREET MAINTENANCE. 96.25 28200 AUDIO VISUAL WHOLESALERS EXTENSION CABLES-POLICE DEPT. 107.80 28201 B & S TOOLS RATCHET WRENCHES/CUT OFF WHEELS/DRILL 394.95 BITS/SAFETY GLASSES/HEAD BAND HOLDER/ FLASHLIGHTS/CREEPER WHEELS/DRILL BITS/PRY BARS/PIPE WRENCH/WIRE STRIPPER/ SCREWDRIVER/FLASHLIGHT HOLDERS-UTILITIES DIVISION. 28202 BRUCE BAILEY REIMBURSEMENT OF CONDUCT DEPOSIT FEE. 50.00 28203 BACONS ELECTRIC CO EMERGENCY LIGHT GATES/BATTERIES/FURNISH & 1124.25 INSTALL ELAPSED TIME METER ON TURBINE VARIABLE FREQUENCY DRIVE/CONNECTIONS FOR WATER LEVEL CONTROLLER/REPAIRED LIFT STATION OVERHEAD LIGHT-UTILITIES DIVISION. 28204 BAN-KOE SYSTEMS INC PHONE SUPPORT-COMMUNITY CENTER. 25.00 28205 JEFF BARBER REIMBURSEMENT OF DIFFERENCE BETWEEN CLASS 19.00 A & CLASS C DRIVING LICENSE FEE. 28206 BECKER ARENA PRODUCTS INC BOARD BRUSHES/KICKPLATES/POLY SHEETS- 475.74 COMMUNITY CENTER. 1124031 FEBRUARY 7, 1995 5. FEBRUARY 7, 1995 VI 28207 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 1666.43 28208 BENSHOOF & ASSOCIATES INC SERVICE-TRAFFIC ENGINEERING ASSISTANCE 5420.83 FOR SW EDEN PRAIRIE. 28209 BLACK DIAMOND GRIT-SIGNS-STREET DEPT. 199. 12 28210 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY 706.25 CENTER. 28211 DICK SLICK TAPE-COMMUNITY DEVELOPMENT DEPT. 15.45 28212 BOYD OIL DISTRIBUTING DIESEL FUEL ADDITIVE-EQUIPMENT 1293.07 MAINTENANCE. 28213 BRAUN INTERTEC CORPORATION SERVICE-ENVIRONMENTAL SITE ASSESSMENT- 3400.00 FLYING CLOUD DR/DEN ROAD & WEST 78TH ST. 28214 BOYD HOUSER CANDY & TOBACCO CO TOOTSIE POPS-POOL LESSONS. 302.00 28215 BROADWAY AWARDS RACQUETBALL TROPHIES-ORGANIZED ATHLETICS 46.29 PROGRAM. 28216 BROTHERS INDUSTRIAL CLEANING REFUND-COMMERCIAL CLEANING PERMIT. 45.00 28217 MAXINE BRUECK MILEAGE/MEETING EXPENSES/OFFICE SUPPLIES- 88.42 FINANCE DEPT. 28218 TOM BUCHNER SERVICE-QUALITY IMPROVEMENT ASSISTANCE- 3000.00 CITY STAFF. 28219 NATHAN BUCK SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 663.00 28220 BUSINESS DEVELOPMENT SALES INC LAUNDRY EQUIPMENT REPAIR-FIRE STATION. 105.57 28221 CAPITOL COMMUNICATIONS JANUARY 95 MAINTENANCE AGREEMENT-POLICE 2430.86 DEFT/MODIFIED RADIO & DC REMOTE ADAPTER/ RECONFIGURED SYSTEM WITH DESK MIC AT RADIO-ENGINEERING DEPT. 28222 CARSURETION & TURBO SYSTEMS INC CARBURETOR REPAIR KITS/FUEL FILTERS- 104.69 EQUIPMENT MAINTENANCE. 28223 FRANK R CARDARELLE SURVEY SERVICE-MUNSON PROPERTY-PARK & 987.50 RECREATION DEPT. 28224 CARGILL SALT DIVISION DEICING SALT-SNOW & ICE CONTROL-STREET 2912.66 DEPT. 28225 CARGO PROTECTORS INC PADLOCKS-SEWER DEPT. 143.31 28226 CENTRAIRE INC HEATER REPAIRS-FIRE STATION/REPAIRED 317.50 CONNECTION FOR PILOT SOLENOID OF GAS VALVE-SENIOR CENTER/REPLACED WATER HEATER FUSE & IGNITION CABLE/INSPECTED MAKE UP AIR UNITS-PUBLIC WORKS BLDG. 28227 BILL CLARK OIL CO INC OIL-WATER DEPT. 102.24 28228 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-SENIOR CENTER REMODELING. 1175.00 28229 CM CONSTRUCTION COMPANY INC SERVICE-SENIOR CENTER REMODELING. 18476.00 28230 COLLISYS SIGNAL LIGHT POLE REPAIR-STREET DEPT. 1954.33 28231 THE COLOR CENTERS LACQUER THINNER/EXTENSION HANDLES-WATER 96.53 DEPT. 28232 COMMERCIAL SAW COMPANY BAND SAW BLADES-PARK MAINTENANCE. 103.75 28233 CONCEPT MICRO IMAGING MICROFILMING-ENGINEERING DEPT. 1000.00 28234 JOHN D CONLEY JUMPSUIT/BIB OUTFIT/HATS-POLICE DEPT. 385.31 28235 CONNEY SAFETY PRODUCTS UTILITY SUITS/RATCHET SUSPENSIONS/GLOVES/ 1565.75 SHOE SUPPORTS/FACE SHIELDS/EAR MUFFS- UTILITIES DIVISION/SAFETY DEPT. 28236 CONSOLIDATED PLASTICS CO INC CONTAINERS-WATER DEPT. 202.21 4890907 FEBRUARY 7, 1995 6. FEBRUARY 7, 1995 VI 28237 CONTECH CONST PRODUCTS INC H/C PIPE-WATER DEPT. 428.13 28238 CONTINENTAL SAFETY EQUIP INC ALUMINUM SIGN-SAFETY DEPT. 32.19 28239 LANCE COPPIN SERVICE-SEWER & WATER HOOK-UP-HOUSING 1300.00 REHABILITATION PROGRAM. 28240 COPY DUPLICATING PRODUCTS INC FAX CARTRIDGES-FIRE DEPT. 206.51 28241 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT. 30.07 28242 JEFFREY CORDES MILEAGE-FORESTRY DEPT. 133.56 28243 CORNER HOUSE/INTERAGENCY CTR 1995 INTERVIEWING CONTRACT-POLICE DEPT. 2361 .00 28244 CORPORATE GRAPHICS ICR DISPATCH CARDS-POLICE DEPT. 2706.95 28245 CROWN MARKING INC ENGRAVED DESK SIGN INSERT-CITY HALL. 8.42 28246 CSC CREDIT SERVICES INVESTIGATION SERVICE-POLICE DEPT. 20.00 28247 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES-WATER TREATMENT PLANT. 226.15 28248 CURTIS INDUSTRIES INC DRILL BITS/KEY BLANKS-EQUIPMENT 644.71 MAINTENANCE. 28249 CUSTOM HEADSETS INC HEADSET REPAIR-POLICE DEPT. 56.98 28250 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT PLANT. 14866.21 28251 DALCO CLEANING SUPPLIES-COMMUNITY CENTER. 333.68 28252 DANKO EMERGENCY EQUIPMENT CO FIRE BOOTS-FIRE DEPT. 525.00 28253 DAVIES WATER EQUIPMENT CO MONITOR REPAIR-WATER DEPT. 65.00 28254 CRAIG DAWSON MILEAGE/MEETING EXPENSES-ADMINISTRATION 51.20 DEPT. 28255 DECISION RESOURCES LTD RESIDENT SURVEY SERVICE-COMMUNITY 3100.00 DEVELOPMENT DEPT. 28256 LARRY A DOIG CONFERENCE EXPENSES-FIRE DEPT. 15.22 28257 DORADUS CORPORATION SIREN MAINTENANCE AGREEMENT-CIVIL DEFENSE 1122.00 DEPT. 28258 BEV DRAVES OUTDOOR CENTER SUPERVISIOR-ORGANIZED 45.00 ATHLETICS DEPT. 28259 WES DUNSMORE DEER ANTLER MOUNTING KIT-PARK MAINTENANCE. 17.03 28260 DYNA SYSTEMS TAPE/CONNECTIONS/BUSHINGS/PLUGS-WATER 508.48 DEPT. 28261 E M PRODUCTS INC HATCH COVERS-WATER DEPT. 280.00 28262 EASTMAN KODAK COMPANY DECEMBER 94 COPIER MAINTENANCE AGREEMENT- 542.02 CITY HALL. 28263 EDEN PRAIRIE CHAMBER OF COMMERCE JANUARY CHAMBER LUNCHEON-CITY STAFF. 360.00 28264 EDEN PRAIRIE FORD FRONT END ALIGNMENT-EQUIPMENT MAINTENANCE. 51.48 28265 EDEN PRAIRIE SCHOOL DIST 272 ROOM RENTAL-FALL SKILL DEVELOPMENT 2800.80 PROGRAM/4TH QTR 94 HUMAN RIGHTS & SVCS COMMISSION GRANT-$2500/BUS SERVICE- SPECIAL TRIPS & EVENTS PROGRAM. 28266 CITY OF EDINA DECEMBER 94 WATER TESTS-WATER DEPT. 310.00 28267 SANDY ENRICH ALBUM REFILLS-ADAPTIVE RECREATION PROGRAM. 20.17 28268 ELECTRIC MECHANICAL SVCS HIGH SERVICE PUMP VIBRATION ANALYSIS- 165.00 WATER DEPT. 28269 ELVIN SAFETY SUPPLY INC TOXIC SCREEN/OXYGEN SENSOR/HYDROGEN 990.16 SULFIDE SENSOR/CALIBRATION GAS/BATTERY PACK-SEWER DEPT/COVERALLS WITH HOODS- STREET MAINTENANCE. 28270 CHRIS ENGER MEETING EXPENSES-COMMUNITY DEVELOPMENT 29.50 DEPT. 3435262 FEBRUARY 7, 1995 7. FEBRUARY 7, 1995 VI 28271 THE EXECUTIVE PROGRAM SUBSCRIPTION-FINANCE DEPT. 46.49 28272 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 59.59 28273 MICHAEL J FABINI MILEAGE/CONFERENCE EXPENSES-BLDG 28.76 INSPECTIONS DEPT. 28274 FACILITY SYSTEMS INC WALL STRIPS-CITY HALL. 43.67 28275 ART FASEN PIPE FOR CLAMPS/COUPLINGS/CUTTING/THREADS- 22.89 SENIOR CENTER WORKSHOP. " 28276 FEED RITE CONTROLS INC CHLORINE-WATER TREATMENT PLANT. 1600.50 28277 FILTRATION SYSTEMS INC FILTERS-WATER TREATMENT PLANT. 330.43 28278 FIRST BANK NATL ASSN SAFE DEPOSIT BOX RENTAL FEE-FINANCE DEPT. 25.00 28279 FLAGHOUSE INC BASKETBALLS/NUMBERED PINNIES-ADAPTIVE 277.01 RECREATION PROGRAM. 28280 TRACEY FOSSE SCHOOL-FINANCE DEPT. 149.00 28281 FRANKLIN QUEST CO OFFICE SUPPLIES-BLDG INSPECTIONS DEPT/ 305.78 ADAPTIVE RECREATION PROGRAM/AQUATIC & FITNESS PROGRAM. 28282 LYNDELL FREY STUFFED ANIMALS FOR DONUTS WITH SANTA- 22.22 SOCIAL PROGRAM. 28283 FOX MCCUE & MURPHY DECEMBER 94 AUDIT SERVICE-FINANCE DEPT. 3348.04 28284 LEE C GARBER REFUND-METER RETURNED. 50.00 28285 GARTNER REFRIGERATION & MFG INC TOP END VALVE KITS FOR REFRIGERATION 796.01 COMPRESSORS FOR ICE RINKS-COMMUNITY CENTER. 28286 GENERAL OFFICE PRODUCTS COMPANY OFFICE SUPPLIES-FIRE DEFT/UTILITIES 1184.14 DIVISION. 28287 GETTMAN COMPANY CIGARETTE LIGHTERS-LIQUOR STORE I. 95.50 28288 GLENWOOD INGLEWOOD SPRING WATER-LIQUOR STORE II. 11.82 28289 THE GLIDDEN COMPANY PAINT BRUSHES & ROLLERS-WATER DEPT. 240.69 28290 GOODYEAR COMMERCIAL TIRE & SVC TIRES & WHEELS REPAIRED/TIRES-EQUIPMENT 1218.39 MAINTENANCE. 28291 GOPHER STATE ONE-CALL INC DECEMBER 94 SERVICE. 14.00 28292 GOVERNMENT FINANCE OFFICERS ASSN PUBLICATION-COMMUNITY DEVELOPMENT DEPT. 22.00 28293 W W GRAINGER INC COMMERCIAL MOTOR/BINS/GLASS FUSE PACKS/ 707.25 DUST & VAPOR FIXTURES/BIN DIVIDERS/TWIST LOCK CONNECTIONS & PLUGS-EQUIPMENT MAINT/ STREET DEFT/PARK MAINTENANCE/COMMUNITY CENTER. 28294 GUNNAR ELECTRIC CO INC INSTALLED PANEL COVER-CUMMINS GRILL 676.51 HOMESTEAD/REPLACED EMERGENCY BATTERY PACK IN POOL ELECTRICAL ROOM/REPLACED ENTRY POLE LIGHT BALLAST-COMMUNITY CENTER. 28295 MICHAEL W HAMILTON SERVICE-BROOMBALL OFFICIAL/FEES PAID. 612.00 28296 HARMON GLASS COMPANY WINDSHIELD-EQUIPMENT MAINTENANCE. 402.35 28297 PETER J HARMS SERVICE-BASKETBALL OFFICIAL/FEES PAID. 127.50 28298 HCl/CONNECTING POINT LASER PRINTER ROLLER REPLACED-FIRE DEPT. 298.76 28299 LAURIE HELLING OFFICE SUPPLIES-RECREATION ADMINISTRATION. 27.10 28300 HENNEPIN COUNTY ATTORNEYS OFFICE DISTRIBUTION OF FORFEITURE FUNDS. 1282.91 28301 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 727.50 DEVELOPMENT DEPT. 28302 HENNEPIN COUNTY TREASURER TRAFFIC TICKETS-POLICE DEPT. 825.38 1557919 FEBRUARY 7, 1995 8. FEBRUARY 7, 1995 VI 28303 HENNEPIN COUNTY TREASURER POSTAGE-TRUTH IN TAXATION NOTICES. 2623.37 28304 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT. 526.50 28305 TOM HERRMANN REIMBURSEMENT OF DIFFERENCE BETWEEN CLASS 19.00 A & CLASS C DRIVERS LICENSE FEE-PARK MAINTENANCE. 28306 D C HEY COMPANY INC TONER-WATER DEPT/COPIER MAINTENANCE 140.26 AGREEMENT-FIRE DEPT. 28307 BEN HIGGINBOTHAM SERVICE-VIDEOTAPING & EDITING OF HUMAN 35.75 RIGHTS DINNER. 28308 HINES PRODUCTS CORP PENCILS-FIRE PREVENTION SUPPLIES-FIRE 468.00 DEPT. 28309 HOFFERS INC OIL STAIN-PARK MAINTENANCE. 16.10 28310 CARTER HOLMES SERVICE-BASKETBALL OFFICIAL/FEES PAID. 680.00 28311 HONEYWELL INC JANUARY 95 INDUSTRIAL MAINTENANCE 2322.72 AGREEMENT/CHART PAPER-WATER DEPT. 28312 HORIZON GRAPHICS INC JANUARY/FEBRUARY COMMUNITY NEWSLETTER- 3265.25 COMMUNITY SERVICES DEPT. 28313 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS/FLUORESCENT BULBS-WATER DEPT. 456.02 28314 INFRATECH INSPECTION OF WELL FOR DEBRIS-WATER DEPT. 300.00 28315 IACCI-MN CHAPTER SUBSCRIPTION-POLICE DEPT. 57.00 28316 INTL ASSN OF ARSON INVESTIGATORS SUBSCRIPTION-POLICE DEPT. 40.00 28317 INTL CONFERENCE OF BLDG OFFICIALS CONSTRUCTION CODES-BLDG INSPECTIONS DEPT. 89.05 28318 INTERSTATE DETROIT DIESEL INC ENGINE & RADIATOR REPAIRS/BEARINGS- 4076.01 EQUIPMENT MAINTENANCE. 28319 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 408.00 28320 CHRISTOPHER JESSEN SERVICE-BROOMBALL OFFICIAL/FEES PAID. 391 .00 28321 JOEL ENTERPRISES NOZZLE/SWIVEL-WATER DEPT. 258.00 28322 E F JOHNSON CO PORTABLE RADIOS/BATTERIES/CHARGERS/BELT 2737.63 LOOPS-PARK MAINTENANCE. 28323 JEFFREY JOHNSON SCHOOL-ENGINEERING DEPT. 203.32 28324 KAREN JOHNSON REFUND-OUTDOOR CENTER RENTAL. 43.00 28325 KANDIYOHI BOTTLED WATER CO WATER COOLER RENTAL-LIQUOR STORE III. 13.58 28326 J J KELLER & ASSOC ALCOHOL & DRUG FORMS KIT-SAFETY DEFT/OSHA 120.36 COMPLIANCE MANUAL-WATER DEPT. 28327 SCOTT KIPP PARKING EXPENSES-COMMUNITY DEVELOPMENT 4.50 DEPT. 28328 KNOB HILL HOMES REFUND-PLANNING CHECK DEPOSIT. 688.68 28329 TERRY KUCERA MEETING EXPENSES-COMMUNITY SERVICES DEPT. 25.00 28330 JILL KUYAVA SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 119.00 28331 LAB SAFETY SUPPLY RECEPTACLES/BATTERIES/FLASHLIGHT/ 587.37 REFLECTIVE NUMBERS & LETTERS/LINERS/ GARBAGE BAGS/LATEX GLOVES-SAFETY DEPT/ WATER DEPT. 28332 LAKE REGION MUTAL AID ASSN DUES-FIRE DEPT. 10.00 28333 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 2079.89 28334 LAKELAND FORD TRUCK SALES INC MIRROR KIT/OIL GASKETS/POWER STEERING 953.57 UNIT/CHECK ASSEMBLY/HORN BUTTON/VALVE/ AXLE PARTS/RESISTORS-EQUIPMENT MAINTENANCE. 28335 MICHAEL LAMBERT SERVICE-SKATING RINK ATTENDANT. 88.45 2384638 FEBRUARY 7, 1995 9. FEBRUARY 7, 1995 VI 28336 LANG PAULY & GREGERSON LTD DECEMBER 94 SERVICE-$1337-LITIGATION VS 2120.99 SOUTHWEST CROSSING JOINT VENTURE/DECEMBER 94 SERVICE-$125-TEMAN LAND/DECEMBER 94 SERVICE-CENTRUM INC. 28337 LANO EQUIPMENT INC TRAILER DUST COVER-WATER DEPT. 2.66 28338 BOB LANZI MILEAGE-ORGANIZED ATHLETICS PROGRAM. 241.92 28339 LONNA LANZI SERVICE-OUTDOOR CENTER HOST. 140.00 28340 J H LARSON ELECTRICAL CO METALARC LAMPS-TRAFFIC SIGNALS-STREET 34.38 DEPT. 28341 LAW ENFORCEMENT/EMERGENCY SVCS DUES-POLICE DEPT. 45.00 28342 LEAGUE OF MN CITIES DIRECTORY OF MN CITY OFFICIALS- 45.60 ADMINISTRATION DEPT. 28343 LEAGUE OF MINNESOTA CITIES MEETING EXPENSES-ADMINISTRATION DEPT. 25.00 28344 L M C I T LIABILITY INSURANCE. 534.40 28345 LEE PLUMBING REFUND-PLUMBING PERMIT. 100.50 28346 L LEHMAN & ASSOCIATES INC DECEMBER 94 SERVICE-FLYING CLOUD LANDFILL- 17196.29 $11875/JANUARY 95 SERVICE-FLYING CLOUD LANDFILL-$44041JANUARY 95 SERVICE-AIRPORT EXPANSION-$915. 28347 BILL LEMPESIS MILEAGE-LIQUOR STORE II. 147.56 28348 LIQUID CARBONIC LIQUID CARBON DIOXIDE-WATER TREATMENT 782.00 PLANT. 28349 LOGIS AUGUST/SEPTEMBER/OCTOBER/NOVEMBER & 56804.63 DECEMBER SERVICE. 28350 STEVE LUCAS PHOTOGRAPHY PHOTOGRAPHY SERVICE-CITY COUNCIL. 826.45 28351 JOHN R LUNN MILEAGE-LIQUOR STORE II. 50.40 28352 LYONS SAFETY GLOVES-UTILITIES DIVISION. 72.75 28353 CANDYCE MAIRS UNIFORM JACKET-COMMUNITY CENTER. 80.00 28354 JIM MANFRED SERVICE-HOCKEY OFFICIAL/FEES PAID. 300.00 28355 MARSHALL & SWIFT VALUATION SERVICE-ASSESSING DEPT. 144.95 28356 LISA MASCARENAS SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 51 .00 28357 MAXI-PRINT INC PRINTING FORMS-POLICE DEPT. 397.24 28358 JOHN F MCCARTHY REIMBURSEMENT FOR DAMAGE DUE TO SEWER 5000.00 BACKUP. 28359 MCGLYNN BAKERIES INC G - ALL RECREATION 183.34 MEETING EXPENSES CITY H / ADMINISTRATION/SENIOR CENTER/POOL LESSONS/ COMMUNITY CENTER/WATER DEPT. 28360 MCGLYNN BAKERIES INC CONCESSION STAND SUPPLIES-COMMUNITY 38.24 CENTER. 28361 MCNULTY CONSTRUCTION REFUND-UNUSED PORTION OF HYDRANT METER 290.12 DEPOSIT. 28362 MCNEILUS STEEL INC STEEL PLATE/ANGLES/TUBING-EQUIPMENT 1685.26 MAINTANANCE. 28363 MENARDS VINYL/GARBAGE BAGS/DRILL BITS/NUMBERS/ 680.26 TAPE/RACKS/SHELVES/DRAWERS/CASTERS/HINGES/ WOOD GLUE/LUMBER/CORD STORAGE CONTAINERS/ EXTENSION CORD/CORD REEL/PAINT/BARREL BOLTS/ELBOWS/DUCTS/ROLLER COVERS/BUCKET GRIDS/TANK LEVERS/ROLLER FRAMES/MINERAL SPIRITS/CHEESECLOTH/STRAINERS/ADHESIVE/ PAINT THINNER/SANDPAPER/LUMBER/FURRING STRIPS/STUDS-STREET DEPT/FACILITIES DEPT/ PARK MAINT/UTILITIES DIVISION/FIRE DEPT/ POLICE DEPT. 8802094 FEBRUARY 7, 1995 10. FEBRUARY 7, 1995 VI 28364 METRO PRINTING INC PRINTING FORMS-FIRE DEPT. 68. 16 28365 METRO SALES INC COPIER INK/COPIER MAINTENANCE AGREEMENT/ 2111 .85 CITY HALL. 28366 METROPOLITAN MECHANICAL BURNER REPAIR/LOCKER ROOM AIR HANDLING 1241 .65 UNIT REPAIR. 28367 METROPOLITAN WASTE CONTROL COMM FEBRUARY 95 SEWER SERVICE. 163987.00 28368 MIDFORMATION INC RIBBON-POLICE DEPT. 131.31 28369 MIDLAND EQUIPMENT CO PUSHER AXLE TUBING-STREET MAINT. 19. 17 28370 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 4537. 16 SENIOR CENTER/COMMUNITY CENTER/LIQUOR STORES. 28371 MIDWEST MACHINERY INC FLAT PLATE FOR BOBCAT-EQUIPMENT 93.72 MAINTENANCE. 28372 HERMAN MILLER INC WORKSURFACES/CONNECTORS/PEDESTALS/DRAWERS/ 5521 .50 SHELVES/FLIPPER UNITS/TASK LIGHTS/ TACKBOARD/PEDESTAL CONVERTERS-ENGINEERING DEPT. 28373 MINNCOMM PAGING JANUARY 95 PAGER SERVICE-BLDG INSPECTIONS 117.90 DEPT/UTILITIES DIVISION. 28374 MINNESOTA BUSINESS FORMS BUSINESS CARDS/FORMS-CITY HALL/ENVELOPES- 1350.54 POLICE DEPT. 28375 MN CHAPTER IAAI DUES-POLICE DEPT. 10.00 28376 MN CRIME PREVENTION ASSN DUES-POLICE DEPT. 30.00 28377 MINNESOTA EQUIPMENT CO PRESSURE WASHER REPAIR-WATER DEPT. 293.04 28378 MN POLICE & PEACE OFFICERS ASSN DUES-POLICE DEPT. 645.00 28379 MINNESOTA SAFETY COUNCIL DUES-SAFETY DEPT. 106.00 28380 MINNESOTA SENIOR FEDERATION DUES-SENIOR CENTER. 100.00 28381 MINUTEMAN PRESS PRINTING FORMS-BLDG INSPECTIONS DEPT. 80.51 28382 MISCO MONITOR GLARE SHIELDS-SAFETY DEPT. 140. 11 28383 MOORE MEDICAL CORP FIRST AID RESCUE EQUIPMENT-FIRE DEPT. 571.62 28384 MUNICI-PALS DUES-CITY HALL. 10.00 28385 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-ASSESSING DEPT/AQUATIC & 673.90 FITNESS PROGRAM. 28386 W E NEAL SLATE CO BARGAIN BOARD-STREET MAINTENANCE. 47.93 28387 BETH NILSSON SERVICE-SKATING LESSONS DIRECTOR/FEES 1275.80 PAID. 28388 NORSTAN COMMUNICATIONS INC TELEPHONE REPAIR-EQUIPMENT MAINTENANCE. 110.00 28389 NORTHERN HYDRAULICS INC STUB AXLE/MAGNETIC HOLDERS/HYDRAULIC 322.58 CYLINDER WELDED-STREET DEPT. 28390 NORTHLAND BUSINESS COMMUNICATIONS DICTAPHONE-ENGINEERING DEPT. 207.68 28391 NORWEST INVESTMENT SVCS INC MAINTENANCE FEE-FINANCE DEPT. 51.50 28392 OFFICEMAX FORM HOLDERS-STREET MAINTENANCE/PARK 841.95 MAINT/WATER DEPT/BATTERIES/TRAYS/PRINTER CARTRIDGES/SWITCH-EQUIPMENT MAINTENANCE. 28393 OHLIN SALES INC BATTERIES-POLICE DEPT. 798.75 28394 OLSEN CHAIN & CABLE CO INC GRAB HOOKS-SEWER DEPT/IMPACT EXTENSION/ 416.45 CHAIN HOOKS WITH LATCH/SNATCH W/HOOK/HOOK LATCH KITS-UTILITIES DIVISION/EQUIPMENT MAINT/PARK MAINT. 28395 DON OLSON MILEAGE-COMMUNITY CENTER MAINTENANCE. 10.08 18592286 FEBRUARY 7, 1995 11 . FEBRUARY 7, 1995 VI 28396 OLYMPIC ELECTRIC CO INC GARBAGE DISPOSAL WIRED-POLICE DEPT. 191 .04 28397 OPM INFORMATION SYSTEMS PRINTER-$520-ENGINEERING DEPT/COMPUTER 583.63 SOFTWARE-WATER DEPT. 28398 DAN OTTEN MILEAGE/EXPENSES-BLDG INSPECTIONS DEPT. 46. 14 28399 PARAGON CABLE-MPLS SERVICE-CITY HALL. 16.72 28400 PARK NICOLLET MEDICAL CENTER PHYSICAL EXAMS-HUMAN RESOURCES DEPT. 338.00 28401 PARK SUPPLY INC SAFETY RELIEF VALVES-WATER DEPT. 206.67 28402 PARROTT CONTRACTING INC HYDRANT RELOCATION-WATER DEPT. 1521.95 28403 PC EXPRESS INC NOTEBOOK COMPUTER-EQUIPMENT MAINTENANCE. 2092.73 28404 PEPSI COLA COMPANY CONCESSION STAND SUPPLIES-SKATING RINKS 388.45 PROGRAM. 28405 PERFORMANCE SPORTS SYSTEMS VOLLEYBALL SYSTEM/INSTALLATION-ORGANIZED 3698.50 ATHLETICS PROGRAM. 28406 DEREK J PETERSON SCHOOL EXPENSES-FIRE DEPT. 10.48 28407 PINK COMPANIES CHAIR-POLICE DEPT. 285.30 28408 PITNEY BOWES INC FOLDING MACHINE RENTAL-CITY HALL. 290.00 28409 MARCI POGATCHNIK UNIFORMS-POLICE DEPT. 147.00 28410 PRAIRIE ELECTRIC COMPANY INC INSTALLED MOTOR/REPLACED WIRING/POOL PUMP 263.00 MOTOR REPAIR-COMMUNITY CENTER. 28411 PRECISION BUSINESS SYSTEMS INC FACSIMILE MAINTENANCE AGREEMENT-WATER 265.00 DEPT. 28412 JERRY PRODOEHL MEETING EXPENSES-STREET MAINTENANCE/DRILL 59.28 PRESS BELT & GUARD-EQUIPMENT MAINTENANCE. 28413 THE PROMOTION GROUP JACKETS-SAFETY INCENTIVE PROGRAM-SAFETY 427. 15 DEPT. 28414 JOYCE PROVO MILEAGE-ADMINSTRATION DEPT. 10.08 28415 PUMP & METER SERVICES INC INSTALLED AUTO DRAIN ON AIR COMPRESSOR 387.48 TANK. 28416 QUALITY WASTE CONTROL INC WASTE DISPOSAL SERVICE-COMMUNITY CENTER/ 858.37 WATER TREATMENT PLANT/LIQUOR STORE II. 28417 R & R SPECIALTIES INC AIR FILTER/ALTERNATOR-COMMUNITY CENTER. 251.66 28418 RADIO SHACK PHONE/MICROPHONE SYSTEM. 102.21 28419 REAL GEM PLAQUE-CITY HALL. 79.40 28420 THE RETAIL MARKETING GROUP ADVERTISING-LIQUOR STORES. 50.00 28421 JIM RICHARDSON FRAMING SERVICE-POLICE DEPT. 120.00 28422 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-SINGLETREE WATERMAIN CONSTRUCTION/ 11481 .47 WATER TOWER/RECONSTRUCTION OF OLD CITY WEST PKWY/CITY WEST PKWY/MAPING. 28423 RINK SYSTEMS INC LOG BOOK-COMMUNITY CENTER. 8.52 28424 ROCKLINE INDUSTRIES COFFEE MAKER FILTERS-WATER DEPT. 17.40 28425 RYANS RUBBER STAMPS NOTARY COMMISSION STAMPS-CITY EMPLOYEES. 377.00 28426 SAFETY-KLEEN CORPORATION CARBURETOR CLEANER RENTAL-PARK 87.86 MAINTENANCE. 28427 JOHN SAMS LICENSE FEES-ASSESSING DEPT. 95.00 28428 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT/ 1030.09 COMMUNITY CENTER. 28429 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT. 111 .93 28430 SEARS TOOLS FOR WORKSHOP-SENIOR CENTER. 1372.60 28431 SEGAL WHOLESALE INC SUPPLIES-LIQUOR STORES. 363.21 28432 SENIOR COMMUNITY SERVICES 4TH QTR 94 SENIOR OUTREACH SERVICES- 2750.00 COMMUNITY SERVICES DEPT. 3038532 FEBRUARY 7, 1995 12. FEBRUARY 7, 1995 VI 28433 THE SHERWIN-WILLIAMS CO PAINT/BRUSHES-PARK MAINTENANCE. 155.33 28434 SIGN SOLUTIONS INC INSTALLATION OF SIGNAGE-COMMUNITY CENTER 6519.48 IMPROVEMENTS/SIGNS-POLICE DEPT/COMMUNITY CENTER. 28435 SIGNAL SYSTEMS INC RESET CLOCK-POLICE DEPT. 68.00 28436 SIGNATURE CONCEPTS INC UNIFORMS-POLICE DEPT. 117.68 28437 PETER N SMITH SERVICE-VOLLEYBALL/BASKETBALL OFFICIAL/ 353.00 FEES PAID. 28438 SNAP-ON TOOLS CORPORATION FLEXOCKETS/SCREWDRIVER/PLIERS/TERMINALS- 513.38 EQUIPMENT MAINTENANCE/WATER DEPT. 28439 SO HENNEPIN REGIONAL PLANNING 4TH QTR 94 SERVICE-COMPREHENSIVE STUDY OF 3625.00 SERVICE PROVIDERS-COMMUNITY SERVICES DEPT. 28440 SOUTHDALE YMCA 4TH QTR 94 SERVICE FOR DETACHED WORK 5540.00 PROGRAM-COMMUNITY SERVICES DEPT. 28441 SOUTHWEST METRO TRANSIT BUS SERVICE-ADULT PROGRAMS. 75.00 28442 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENTS ADS-HUMAN RESOURCES DEPT. 247.80 28443 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIQUOR STORES. 579.60 28444 SQUARE CUT CABINET-POLICE DEPT. 670.90 28445 SPS COMPANIES TUBING/UNION CONNECTIONS-PARK MAINTENANCE. 89.95 28446 STAR TRIBUNE EARLY SUNDAY PAPERS FOR RESALE-LIQUOR 21.90 STORE III. 28447 STATE TREASURERS OFFICE DISTRIBUTION OF FUNDS. 641 .45 28448 STORAGE EQUIPMENT INC SHELVING UNITS-STREET MAINTENANCE/PARK 286.49 MAINTENANCE. 28449 STRGAR ROSCOE FAUSCH INC SERVICE-DELL ROAD/SHORES OF MITCHELL LAKE/ 12705. 17 DELL RD SOUTH/SCENIC HTS RD/DELL RD TH 212 TO 82ND ST/WEST 82ND ST/PRESERVE BLVD & ANDERSON LKS PKWY. 28450 SWEDLUND SEPTIC SERVICE DECEMBER 94 WASTE DISPOSAL SERVICE-PARK 95.00 MAINTENANCE. 28451 TAPE DISTRIBUTORS OF MN VHS TAPES-POLICE DEPT. 745.50 28452 TARGET STORES GIFT CERTIFICATES-SAFETY INCENTIVE 25.00 PROGRAM. 28453 THERMOGAS CO OF CHASKA PROPANE CYLINDERS-OUTDOOR CENTER. 154.00 28454 THIRTY-THREE MINUTE PHOTO INC FILM/FILM PROCESSING-POLICE DEPT/ 285.20 ASSESSING DEPT/FIRE DEPT/SAFETY DEPT/FALL SKILL DEVELOPMENT PROGRAM/SENIOR CENTER/ FORESTRY DEPT. 28455 JEANE THORNE INC SERVICE-CITY HALL/ASSESSING DEPT. 1219.08 28456 THREE CMA DUES-HUMAN RESOURCES DEPT. 275.00 28457 TIE SYSTEMS INC-MN ACTIVATED WALL JACK-CITY HALL/ADDED 303.00 EXTENSION-POLICE DEPT/CHANGED EXTENSION PROGRAMMING-CITY HALL. 28458 TKDA & ASSOC INC SERVICE-RECONSTRUCTION OF MUNICIPAL 4262.42 FACILITIES ADJACENT TO MITCHELL RD. 28459 TOTAL REGISTER SYS CASH REGISTER MAINTENANCE AGREEMENT- 1625.00 LIQUOR STORE III. 28460 U S CAVALRY UNIFORMS-POLICE DEPT. 483.35 28461 U S HOSPITALITY CORP ADVERTISING-LIQUOR STORES. 195.00 28462 U S WEST COMMUNICATIONS SVCS INC PHONE REPAIR-POLICE DEPT. 32.50 4191018 FEBRUARY 7, 1995 13. FEBRUARY 7, 1995 VI 28463 U S WEST CELLULAR MOBILE PHONE-BLDG INSPECTIONS DEPT. 594.28 28464 UHL CO INC REPLACED MAIN BURNER/MAKE UP AIR UNIT 694.71 REPAIR-COMMUNITY CENTER. 28465 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT. 1181.69 28466 UNITED LABORATORIES INC CLEANING SUPPLIES-UTILITIES DIVISION. 2479.98 28467 UNLIMITED SUPPLIES INC DRILL BITS-EQUIPMENT MAINTENANCE/SPANNER 186.81 SCREWS-PARK MAINTENANCE. 28468 MARK VANDENBERGHE SCHOOL EXPENSES-FIRE DEPT. 15.81 28469 VESSCO INC COVER/MAINTENANCE KITS/NOZZLES/GASKETS- 1145.72 WATER DEPT. 28470 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER. 356.51 28471 VISIONARY SYSTEMS LTD 0.00 28472 VOSS LIGHTING LIGHT BULBS-PUBLIC WORKS BLDG. 173. 17 28473 THE WALL STREET JOURNAL SUBSCRIPTION-FINANCE DEPT. 248.00 28474 WARNING LITES OF MN FLASHERS-WATER DEPT. 67.68 28475 WATER SPECIALTY OF MN-INC LIQUID CHLORINE-COMMUNITY CENTER. 286. 16 28476 WATERPRO 5/8X3/4 1000 GAL METERS/TOUCHPADS/ 14087.47 COPPERHORNS/SWIVELS/CURB BOX KEY/RUBBER GASKETS/GATE VALVES/NUTS & BOLTS/PVC PIPES/COIL SEAL WIRE/NOZZLE SECTION/ REGISTERS/BRASS NIPPLES/SPLICE CONNECTORS/ CHAMBERS/WRENCHES/CONDUIT WIRE/PVC PIPE/ RUBBER GASKETS-UTILITIES DIVISION. 28477 WEST SUBURBAN MEDIATION CENTER 4TH QTR 94 SERVICE-COMMUNITY SERVICES 625.00 DEPT. 28478 WEST SUBURBAN SERVICES INC BOBCAT SNOW BUCKET-PARK MAINTENANCE. 852.00 28479 JOEL WESTACOTT PRODUCTION SVCS VIDEO SERVICE-COMMUNITY SERVICES DEPET. 120.00 28480 MARIANNE WELLS DESIGN SERVICE-CALENDER DESIGN-HUMAN RESOURCES 400.00 DEPT. 28481 X-ERGON CLEANING SUPPLIES-WATER DEPT. 363.68 28482 YALE INC BOILER REPAIR-WATER DEPT. 89. 10 28483 JIM ZAIC MILEAGE/EXPENSES-BLDG INSPECTIONS DEPT. 48. 18 28484 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-UTILITIES DIVISION/ 89.54 POOL LESSONS/COMMUNITY CENTER/STREET MAINTENANCE/PARK MAINTENANCE. 28485 ZIEGLER INC GENERATOR REPAIR-CIVIL DEFENSE DEPT. 575.00 11000 AMERICAN BANK BOND PAYMENTS. 492742.50 11000 FIRST TRUST BANK BOND PAYMENTS. 71027.35 11000 FIRST TRUST BANK BOND PAYMENTS. 512710.00 11000 FIRST TRUST BANK BOND PAYMENTS. 813522.75 22000 MN DEPT OF REVENUE PAYROLL 01-06-95. 5786.42 22000 MN DEPT OF REVENUE PAYROLL 12-23-94. 16530. 18 22000 MN DEPT OF REVENUE PAYROLL 12-30-94. 6134.50 22000 MN DEPT OF REVENUE PAYROLL 12-31-94. 1446.39 44000 MN DEPT OF REVENUE DECEMBER 94 SALES TAX. 53490.00 55000 AMERICANA BANK TROST PROPERTY. 277032.00 27304 VOID OUT CHECK 1000.00- 27457 VOID OUT CHECK 167.89- 27770 VOID OUT CHECK 2016.00- 27798 VOID OUT CHECK 95. 18- 227182351 FEBRUARY 7, 1995 14. FEBRUARY 7, 1995 VI 27866 VOID OUT CHECK 74.79 27907 VOID OUT CHECK 4364.41- 27940 VOID OUT CHECK 79.00- -451820 $3220805.27 FEBRUARY 7, 1995 15. - 1C.l�-1 1 TANDEMJames L.Ostenson PROPERTIES Richard A.Putnam BROKERS-PLANNERS-DEVELOPERS January 27, 1995 Eden Prairie City Council CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344-2230 Re: Variance Request #95-06 Dear City Council Members: The intent of this letter, is to request that we be placed on a city council agenda so that you might reconsider the denial issued by the Board of Appeals regarding our variance request for the placement of 2 sculptures at the entrance to our Big Woods neighborhood. As soon as a city council date has been set, we will work closely with the staff to provide all the necessary information for your decision. Thank you for your kind consideration of this matter. ncerely, I Jim Ostenson TA DIEM PROPERTIES 2765 Casco Point Road • Wayzata,Minnesota 55391 • Office&Fax(612)471-0573 7808 Creekridge Circle Suite 310 Bloomington,Minnesota 55439 Office(612)941-7805 Fax(612)941-7853 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-7-95 SECTION: APPOINTMENTS ITEM NO. X P DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger APPOINT TWO COUNCIL MEMBERS TO THE David Lindahl HOUSING & SOCIAL SERVICES COMMITTEE REQUESTED COUNCIL ACTION: Appoint two Council members to the Housing & Social Services Committee to fill seats vacated by Doug Tenpas and Marty Jessen. The Committee meets the first and third Thursdays or as needed from 4:00 - 6:00 p.m. at the City Center. BACKGROUND: The Committee was formed by the Council in May, 1994 to explore linking social services to new low- income housing initiatives. It was organized after a related discussion at a joint meeting between the Council, Planning Commission, Human Rights and Services Commission, and the Parks Commission. The Committee is comprised of two Council members, two Planning Commissioners, two Human Services Committee members, one Park Commission member, and staff from Community Development, Community Services, and Southwest Metro Transit. The Committee has developed a pilot housing project involving housing, social services, employment, and family support services through resident volunteers. The Committee has discussed remaining active as a new advisory commission dealing with housing and redevelopment (HRA), human services, and transportation related issues. This will be a topic discussed at a future Council workshop. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-7-95 SECTION: APPOINTMENTS ITEM NO. x• B DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger COUNCIL APPOINTMENT TO THE I-494 David Lindahl CORRIDOR COMMISSION REQUESTED COUNCIL ACTION: Appoint a replacement for former mayor Doug Tenpas to the I-494 Corridor Commission. The Commission (usually) meets on the second Wednesday of each month from 8:30 to 10:00 at the Eden Prairie City Center Atrium Room. BACKGROUND: The I-494 Corridor Commission is comprised of the cities of Eden Prairie, Bloomington, Edina, Minnetonka, Maple Grove, Plymouth, and Richfield. Its primary purpose is to develop and implement a plan to reduce peak hour traffic congestion and improve air quality on I-494. A plan is being developed that encourages employers throughout the Corridor to consider ridesharing, transit, and staggered work hours to help ease congestion. A federal Congestion Management and Air Quality (CMAG) grant for $160,000 has been awarded to the I-494 Corridor Commission to administer the program over the next two years. Additional federal funds will be pursued to fund the program through 1998. A consultant has been retained to begin implementing this project in 1995. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/7/95 SECTION: Appointments ITEM NO. C. DEPARTMENT: Parks, ITEM DESCRIPTION: Formation of Committee to Evaluate Tree Recreation and Facilities Replacement Ordinance Robert A. Lambert- At the joint meeting between the City Council, Planning Commission, and Parks, Recreation and Natural Resources Commission the consensus was to request the City Council to appoint a committee to evaluate the Tree Replacement Ordinance. Representatives at that meeting concurred that the Tree Replacement Ordinance is working very well, however, after seven years it is time to determine if the ordinance can be improved to better preserve the wooded character of property that is being developed. City staff are recommending a committee made up of the following members: • Parks, Recreation and Natural Resources Commission - 2 representatives • Planning Commission - 2 representatives • City Council - 1 representative • Major Property Owner/Citizen - 1 representative • Major Developer/Builder/Citizen - 1 representative • Commercial/Residential Developer/Citizen/Landowner - 1 representative • Citizen/Environmentalist - 1 representative The Planning Department and the Parks, Recreation and Facilities Department will each assign one staff person to work with this committee to review the history of the Tree Replacement Policy, how the policy is presently working, and what impact proposed changes would have on development. It the City Council authorizes the appointment of this committee, staff would call for the first meeting later in February. Staff requests the Council to appoint a representative to serve on this committee. BL:mdd a:appoint2/Bob EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/7/95 SECTION: Report of Director of Parks, Recreation and Facilities ITEM NO.I f DEPARTMENT: Parks, ITEM DESCRIPTION: Citizen Involvement in Monitoring Development Recreation and Facilities Robert A. Lambert At the January 30 joint meeting between the City Council, Parks, Recreation and Natural Resources Commission, and Planning Commission, staff was directed to provide a recommendation to the City Council on how the City could effectively utilize citizens to help monitor development throughout the community. At the meeting, two different methods were proposed by staff. The first method suggested sending out a single 81hx11 summary sheet to surrounding neighbors of new development proposals at the end of the development approval process. This summary sheet would provide information to the surrounding neighborhood on what was finally approved by the City Council, when development could be expected to begin, any special conditions of approval such as scenic easements, erosion control, etc. and the names of staff at City Center with their direct telephone numbers who citizens can call for information or to relay concerns. This additional information on the project should alleviate many questions and would make it very easy for someone to call if they notice erosion barriers are not being maintained, etc. The second method was to have a designated person from the neighborhood who would volunteer to monitor the development and forward questions from the neighborhood to the City Center. The benefit of this program was that one individual in the neighborhood would, with a certain amount of staff effort, become fairly knowledgeable about development and what was approved. The thought was that a neighbor would reduce a lot of phone calls to the City if he or she were able to answer questions from neighbors regarding the development. The City Attorney has expressed some concerns regarding the second method. He has indicated that if the City implies that a resident has been empowered to represent the City or have some responsibility for reviewing a development, the City then also assumes some liability for that person's actions relating to that development. If that individual caused the developer additional expense for frivolous delays, the City could be liable. If that person disseminated information that was not accurate regarding the development that caused the developer problems, the City could also be held liable. RECOMMENDATION: City staff recommend the City consider, on a trial basis, the first method of notification described in this memorandum. Everyone involved in discussion concurred that the purpose of this is to improve the quality of development, and hopefully reduce staff work by notifying staff of problems with development as soon as they occur rather than after the fact, which often causes many hours of staff time to correct. Staff would recommend trying this report process for a period of six months and reporting back to the City Council prior to adopting it on a permanent basis. With the additional information, staff assumes there will be some residents in various neighborhoods that will take special interest in adjoining development projects and may assume the role of neighborhood spokesperson; however, that would occur without formal City appointment. BL:mdd - Involve/Bob 1 DATE: 02/07/95 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Director of Public Works DEPARTMENT: ITEM DESCRIPTION: Public Works Utility Rates for 1995 Eugene A. Dietz Requested Action: It is recommended that the Fee Resolution No. 95-1 be amended to increase sanitary sewer and water user charges a combined total of 7%. The rate increase would be distributed to raise the sewer user charge from $1.90 to $1.95 per 1,000 gallons and the water rate from $.95 to $1.10 per 1,000 gallons. Background: Traditionally, the City of Eden Prairie has raised water and sewer rates on only a periodic basis. The last increase was in 1990 and the retained earnings in the fund still continue to be sound. However, operational costs have increased and as noted in the January 17 memorandum from the City Manager, retained earnings could drop from a high in 1992 of over $2 million down to approximately $200,000 in 1996 without a rate adjustment. In 1994, we had sales of approximately 1,898,000,000 gallons of water with an operational cost of approximately $2,590,000. This results in a cost of production for 1,000 gallons of water of$1.36. However, we have historically included some capital improvements in the operating budget, which perhaps would best be funded through our capital improvements budget area (trunk assessments, flat rate of$12.50 on the water bill, water access charges at building permit time). With a modest increase of approximately 4% in sales in 1995 along with funding capital expenditures from the appropriate account, we believe that a realistic goal would be to maintain water production costs at $1.35 per 1,000 gallons. Depending on weather condition changes -- for example an increase of 7% in water demand -- the cost of production could dip to $1.30 per 1,000 gallons. There are many variables beyond our control that enter into forecasting future water rates, but I believe that an expectation of cost of production at $1.35 per 1,000 gallons is reasonable over the next two to three years prior to the new plant expansion coming on line. At that time some adjustments may well need to be made. Item No. Utility Rates for 1995 Page 2 Based on a 7% increase in rates, the projected operating profits/losses in the water and sewer utilities are as shown in the following table: 1993 1994 1995 1996 1996 with (plus 7%) without adjustment adjustment (plus 5%) Water $(273,300) $(682,100) $(565,500) $(565,000) $(376,500) Sewer $(61,900) $730,100 $96,500 $96,5001 $164,500 Retained $1,841,100 $1,889,100 $1,420,100 $951,600 $1,208,100 Earnings The 1995 column shows that with a 7% increase in utility rates, the retained earnings at year-end are solid at $1.4 million. Without a rate increase and no major deviations on sales or operating costs, the retained earnings could dip below $1 million in 1996 without a rate change. With a 5% adjustment in 1996 ($0.10 for water and $0.05 for sewer), the retained earnings would stay above $1 million at $1.2 million. Based on the above analysis, it is recommended that the 7% rate adjustment be instituted for 1995 and that we refrain from making a commitment on rate adjustments for 1996 at this time. Approximately one year from now, we will have additional information from which we can make an informed decision regarding future price adjustments. Additional Information: Frankly, there is very little valuable information published on utility rates. However, the attached letter that Richfield sent to its customers in 1994 is somewhat informative. Also attached is the monthly production schedule for our water system since "start up" in 1974. Item No. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 95-1 REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES BE IT RESOLVED,that Section 2.40 User Charges as stated in the above resolution be amended to read as follows: 2.40 User Charges - A. Sewer- $1.95 per 1,000 gallons subject to a minimum of 4,000 gallons per quarter per R.E.C. B. Water- $1.10 per 1,000 gallons subject to a minimum of 4,000 gallons per quarter per R.E.C. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of February 1995. Dr. Jean Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk X�rG• �►� I TO OUR RICHFIELD CUSTOMERS: 1994 RATES The City of Richfield operates three utility funds: water.sanitary sewer and storm sewer. These funds are operated as a business enterprise. The service charges collected for these utilities are used to.pay for the cost of current service delivery. providing for future capital acquisition and to maintain an aging infrastructure. Richfield is only one of a handful of metropolitan communities that produce water through a lime softening process. Most other cities provide only iron removal and do not treat the water. The full lime softening process means that water available to Richfield customers is of the highest quality and - needs no additional treatment in the home.such as water softening. In October 1993 the water softening at the water plant was temporarily suspended while a major renovation of the water plant began. This renovation will soon be completed and full water softening should resume by the end of February 1994. A comparison of 1993 water and sanitary sewer rates for cities using a lime softening process shows that the average cost for 15.000 gallons of usage is $49.95. The cost to Richfield residents for the same service is$41.25 including the 53.00 service charge. Richfield's charge for water and sewer services are lower than average because Richfield has had either an extremely moderate or no increase in water and sanitary rates much of the 1980's. However, in order to meet the rising costs of operation. rate increases are necessary for 1994. The water rate will be increased from $1.30 to $1.37 per 1000 gallons (5.4% increase). The sanitary sewer rate will be increased from$1.25 to$1.38 per 1000 gallons (10.4% increase). The rate increases are needed to cover the annual cost of operating the funds. In the sanitary sewer fund,payments to the Metropolitan Waste Control Commission (MWCC) for flowage into their system represent over 2/3 of the expenditures of the fund. The MWCC charges to the City are scheduled to increase by approximately 21%for 1994. There is no increase to the storm sewer utility rate for 1994. Thus.the residential rate will remain at$7.55 per quarter. Moving Reminder Please call 861-9720 to request a final meter reading prior to moving. (over)