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Home My WebLink AboutCity Council - 08/16/1994 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 16, 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Douglas Tenpas, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY. JULY 19. 1994 B. SPECIAL CITY COUNCIL MEETING HELD THURSDAY. AUGUST 11. 1994 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVAL OF RESTATED JOINT POWERS AGREEMENT FOR SOUTHWEST METRO TRANSIT COMMISSION C. INTERNATIONAL SCHOOL by International School of Minnesota. 2nd Reading of and Ordinance for Zoning District Amendment in the Public Zoning District on 56 acres; Adoption of a Resolution Approving Site Plan Review on 56 acres and Approving a Supplemental Developer's Agreement for International School. Location: Crosstown and Beach Road. (Ordinance for Zoning District Amendment in the Public Zoning District and Resolution for Site Plan Review) D. RESOLUTION FOR DEFERMENT OF STORM SEWER ASSESSMENT ON HUELER PROPERTY E. YEAR XX (1994) CDBG SUBRECIPIENT AND THIRD PARTY AGREEMENTS WITH HENNEPIN COUNTY (Resolution) City Council Agenda Tuesday, August 16, 1994 Page Two F. BRENTWOOD by Tandem Properties. 2nd Reading of an Ordinance for Rezoning from Rural to R1-22 on 38.13 acres and R1-13.5 on 1.65 acres and Approving a Developer's Agreement for Brentwood. Location: Dell Road and Scenic Heights Road. (Ordinance for Rezoning from Rural to R1-22 on 38.13 and R1-13.5 on 1.65 acres) G. RESOLUTION AWARDING CONTRACT FOR HIDDEN PONDS RESERVOIR PAINTING. I.C. 93-5338 H. RESOLUTION AWARDING CONTRACT FOR 1994 LIME SLUDGE REMOVAL. I.C. 94-5364 I. APPROVE CHANGE ORDER NO. 1 FOR CITY WELLS NOS. 11 & 12. I.C. 93-5336 J. RESOLUTION APPROVING FINAL PLAT FOR BRENTWOOD (located west of Candlewood Parkway) K. RESOLUTION APPROVING FINAL PLAT FOR SUMMERFIELD 2ND ADDITION (located at the NE Quadrant of TH 5 and Dell Road) L. RECOMMENDATION FOR POLICY ON BONFIRE PERMITS M. RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY ELECTION N. APPROVAL OF PROCLAMATION FOR STOP THE VIOLENCE AND SAVE OUR KIDS MONTH O. REQUEST FOR ADDITIONAL SERVICES FOR RCM REGARDING RILEY LAKE PARK DEVELOPMENT V. PUBLIC HEARINGS/MEETINGS A. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres, Zoning District Change from Rural to R1-13.5 on 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. (Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential; Ordinance for Zoning District Change from Rural to R1-13.5 on 2 acres and Resolution for Preliminary Plat) B. SIGN CODE DISCUSSION (Ordinance) Continued from March 8, June 7, June 14, June 21, July 5, and July 19, 1994 City Council Agenda Tuesday, August 16, 1994 Page Three C. LAKESIDE by K-P Properties, Inc. Request for Zoning District Change from Rural to R1-13.5 on 11.04 acres, Preliminary Plat of 11.04 acres into 16 single family lots and road right-of-way. Location: Duck Lake Road and Duck Lake Trail. (Ordinance for Zoning District Change from Rural to R1-13.5 on 11.04 acres and Resolution for Preliminary Plat of 11.04 acres) D. BEARPATH MAINTENANCE BUILDING by Bearpath Corporation. Request for Site Plan Review on 1.5 acres and Zoning District Amendment in the Rural Zoning District on 1.5 acres. Location: New Riley Lake Road next to the Hennepin County Light Rail Corridor. (Ordinance for Zoning District Amendment in the Rural Zoning District on 1.5 acres) E. EDEN PRAIRIE FORD EXPANSION by Eden Prairie Ford. Request for Zoning District Amendment and Site Plan Review on 4.5 acres. Location: Valley View Road. (Ordinance for Zoning District Amendment) F. ,TOE AND ARLENE JULLIE ADDITION by Joe Jullie. Request for Preliminary Plat of 1.66 acres into 3 lots. Location: 17041 Prairie Lane. (Resolution for Preliminary Plat) G. CHRIST LUTHERAN CHURCH FELLOWSHIP HALL by Christ Lutheran Church. Request for Site Plan Review and Zoning District Amendment on 2.78 acres for a 6,705 square foot Fellowship Hall addition. Location: 16900 Main Street. (Ordinance for Zoning District Amendment on 2.78 acres) H. VACATION 94-06; DRAINAGE EASEMENT IN PRAIRIE SHORES ADDITION (Ordinance) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS A. MUSA LINE EXPANSION- PLAN AMENDMENT PROCESS (Resolution) B. RESOLUTION AMENDING RESOLUTION NO. 94-09 TO DESIGNATE THE ACTING MAYOR C. ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO LIQUOR REGULATIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST OF EDEN PRAIRIE MEMBERS OF MINNESOTA COALITION OF RESPONSIBLE RETAILERS TO DISCUSS AMENDMENTS TO NEW TOBACCO REGULATIONS ORDINANCE City Council Agenda Tuesday, August 16, 1994 Page Four B. REQUEST TO REVIEW THE BOARD OF ADJUSTMENTS & APPEALS APPROVAL OF VARIANCE 94-15. KETC`HAM. 14007 HOLLY ROAD C. REQUEST TO REVIEW THE BOARD OF ADJUSTMENTS & APPEALS APPROVAL OF VARIANCE 94-17. TANEN. 6525 ROWLAND ROAD IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES A. PARKS. RECREATION & NATURAL RESOURCES COMMISSION - RECOMMENDATION REGARDING LAWFUL GAMBLING ORDINANCE AND OTHER FORMS OF FUND RAISING OPTIONS B. SHeRPA REQUEST FOR MORE STAFFING C. SOUTHWEST METRO TRANSIT - REQUEST CITY TO FUND HIGH SPEED BUS PROJECT X. APPOINTMENTS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION 1. Appointment of 1 Flying Cloud Business Representative to fill an unexpired term to 2/28/95 (Continued from 6/14 and 7/19/94) XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Set meeting dates for Budget discussions (August 30 and September 13) 2. City Manager 1994 Salary Adjustment C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT .Lem 714 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 19, 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, and Council Recorder, Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. AWARD SALE OF BONDS: Jerry Shannon, representing Springsted, Inc., presented a tabulation of the bids that were opened earlier today. A. $1.200,000 IN EQUIPMENT CERTIFICATES MOTION: Anderson moved, seconded by Harris, to adopt Resolution #94-105, awarding the sale of the bonds for $1,200,000 in Equipment Certificates as recommended. Motion carried unanimously. B. $1.950,000 IN PARK AND OPEN SPACE ACQUISITION MOTION: Anderson moved, seconded by Harris, to adopt Resolution #94-106, awarding the sale of bonds for $1,950,000 in Park and Open Space Acquisition as recommended. Motion carried unanimously. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Anderson added items XI.A.1. PHONE CALLS REGARDING BOARD OF APPEALS MEETING; XI.A.2. BRYANT LAKE PARK; XI.A.3. B.F.I. OFFER FOR REUTER. Pidcock added items XI.A.4. WATER RATIONING; XI.A.5. TRAILS; XI.A.6. BOARD OF REVIEW. City Council Minutes 2 July 19, 1994 Jullie added items IV. E. RESOLUTION #94-109, AUTHORIZING APPLICATION FOR DNR GRANT FOR MINNFSOTA RIVER BLUFF PRESERVATION and IV.F.RESOLUTION#94-110, APPROVING LAWS 1994, CHAPTER 611, SECTION 31 AND AUTHORIZING CITY CLERK TO FILE A CERTIFICATE OF APPROVAL; and XI.E.1. AGREEMENT WITH U.S. WEST REGARDING PHONE EQUIPMENT AT BAKER ROAD WATER TOWER SITE. MOTION: Anderson moved, seconded by Harris, to approve the agenda as submitted and amended. Motion carried unanimously. II. OPEN PODIUM There were no presentations during this portion of the meeting. M. MINUTES A. JOINT PARKS, RECREATION & NATURAL RESOURCES COMMISSION/CITY COUNCIL MEETING HELD TUESDAY, JUNE 21, 1994 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the Joint Parks, Recreation and Natural Resources Commission/City Council meeting of June 21, 1994, as submitted. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY. JULY 5. 1994 MOTION: Harris moved, seconded by Anderson, to approve the minutes of the City Council meeting of July 5, 1994, as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CREEKVIEW ACRES 1ST ADDITION by Nedal Y. Abul-Haff. 2nd Reading of an Ordinance for Rezoning from Rural to R1-13.5 on 3.46 acres and Approval of a Developer's Agreement for Creekview Acres 1st Addition by Nedal Y. Abul-Haff. Location: 12675 Sunnybrook Road (Ordinance #25-94, Rezoning from Rural to R1-13.5) C. RESOLUTION#94-107. APPROVING COOPERATIVE AGREEMENT FOR RAILROAD CROSSING SURFACE AND SIGNAL IMPROVEMENTS ON THE SOUTH FRONTAGE ROAD OF CSAH 62, I.C. 52-173 D. RESOLUTION #94-108, APPROVING FINAL PLAT FOR CREEKVIEW ACRES 1ST ADDITION (located at the southeast corner of Sunnybrook Road and Creek Knolls Road) E. RESOLUTION #94-109, AUTHORIZING APPLICATION FOR DNR GRANT FOR MINNESOTA RIVER BLUFF PRESERVATION F. RESOLUTION #94-110. APPROVING LAWS 1994. CHAFFER 611. SECTION 31 AND City Council Minutes 3 July 19, 1994 AUTHORIZING CITY CLERK TO FILE A CERTIFICATE OF APPROVAL FOR EIGHT ADDITIONAL LIQUOR LICENSES Councilmembers questioned the size of the grant for Item E. Lambert replied that the application is for$400,000, with $200,000 from the City and a$200,000 matching amount from the DNR. MOTION: Harris moved, seconded by Pidcock , to approve items A. - F. of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SIGN CODE DISCUSSION (Ordinance) (continued from March 8, 1994, June 7, 1994, June 14, 1994, June 21, 1994 and July 5, 1994) MOTION: Jessen moved, seconded by Anderson , to continue this item to the August 16, 1994, agenda. Motion carried unanimously. B. CENTRUM DEVELOPMENT by Centrum Design/Build Corporation. Request for PUD Concept Review on 23 acres, PUD District Review on 5.6 acres with waivers, Zoning District Change from Rural to Commercial Regional Service on 5.6 acres, Preliminary Plat of 5.6 acres into 3 lots and Site Plan Review on 5.6 acres. Location: Singletree Lane between Bachman's and Brunswick. (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change from Rural to Commercial Regional Service; and Resolution for Preliminary Plat) John Kern, President of Centrum Coordinators, reviewed the project which includes two restaurants. Franzen said the Planning Commission recommended approval at their July 11, 1994 meeting, subject to the recommended plan revisions in the Staff Report of July 8, several of which remain to be completed. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock , to close the Public Hearing Motion carried unanimously. Councilmembers expressed concern about the pedestrian circulation within the entire area and whether there would be trees along the median. Franzen said the master plan has an internal sidewalk system from Bachmans to the Water Tower Plaza in addition to the trail along Singletree Lane, and the plans specify trees along the median. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution#94-111 for PUD Concept Review; to approve 1st Reading of Ordinance for PUD District Review and Zoning District Change; to adopt Resolution #94-112, approving Preliminary Plat; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, subject to completion of the revisions outlined in the Staff Report of June 19, 1994. Motion carried unanimously. CityCouncil Minutes 4 19, 1994 July C. INTERNATIONAL SCHOOL by International School of Minnesota. Request for Site Plan Review on 56 acres and Zoning District Amendment in the Public Zoning District on 56 acres. Location: Crosstown and Beach Road. (Ordinance for Zoning District Amendment in the Public Zoning District) Tracy Whitehead, Director of Operations at the International School, reviewed the request to expand the parking lot and add a running track. Franzen said the Planning Commission approved this project at the July 11, 1994, meeting with the condition that the NURP pond be constructed concurrent with the next phase or within three years of approval of the project, whichever occurs first. Councilmembers expressed concern about how construction of the NURP pond would be assured, how to provide ease of access to the new Bryant Lake county park since there is no access through the International School property, the ratio of students to parking spaces, possible encroachment on wetlands, and the status of the cartway. Staff responded that an escrow fund or letter of credit would be required to cover costs such as the NURP pond and landscaping or tree replacement requirements, and that we could enter into discussions with Hennepin Parks to explore options for a joint project to build a trail from the Crosstown Highway. Whitehead said they will have a total of 175 parking spaces with a total enrollment of 375 students, there is no wetlands encroachment and Hennepin County Parks decided not to purchase the property where the cartway is located. Diana Waterbury, 6681 Beach Road, expressed concern about the effect of the project on Bryant Lake and the wetlands and the impact of delaying construction of the NURP pond. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Councilmembers asked for clarification of the timing of the NURP pond. Dietz said it would be included with the grading plans for the 2nd phase of the school's development. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Harris moved, seconded by Jessen, to direct staff to explore the best options available to address the concerns regarding trail connections and to report back prior to 2nd Reading. Motion carried unanimously. D. NORWEST BANK ADDITION by Norwest Bank. Request for Site Plan Review on 2 acres and Zoning District Amendment in the C-Regional Service Zoning District on 2 acres for a 2,800 square foot bank addition. Location: 935 Prairie Center Drive. (Ordinance for Zoning District Amendment in the C-Regional Service Zoning District) Doug Watschke, representing Norwest Bank, reviewed the request to build an addition to the bank and to add three drive-through lanes, including an ATM lane. Jullie noted that a variance will be needed for the canopy extension and that the building must be fully sprinkled. • City Council Minutes 5 July 19, 1994 Councilmembers expressed concern about safety and security of customers at the bank because of the isolation of the facility and because the area is not adequately lighted at night. Nancy Nickolai, 16011 Lakeshore Drive, said she commended Norwest for their support of City activities; however, she was concerned that the area where the cash machine is located not be hidden at all because of the safety factor. MOTION: Pidcock moved, seconded by Anderson, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment; to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, and to direct Staff to closely review the plans for the project to make sure that all issues presented tonight regarding safety and security are addressed. Motion carried unanimously. E. BRENTWOOD by Tandem Properties. Request for Rezoning from Rural to R1-22 on 38.13 acres and R1-13.5 on 1.65 acres and Preliminary Plat of 39.78 acres into 53 lots and road right- of-way. Location: Dell Road and Scenic Heights Road. (Ordinance for Rezoning from Rural to R1-22 and Resolution for Preliminary Plat) Jim Ostenson, representing Tandem Properties, reviewed the proposal, noting that the plans were carefully reviewed to retain many of the existing trees. Franzen said the Planning Commission recommended approval at the June 27, 1994 meeting. Lambert said the Parks Commission also recommended approval at last night's meeting based on the Staff Memorandum of June 24, with the additional recommendation that the scenic easement be located on a lot by lot basis and that permanent markers be placed on the lots showing where the scenic easement is located. Councilmembers expressed concern about how the scenic easement would be enforced. Pauly said it would be separate from the deed and would be given to the City prior to the sale of the property and recorded against the various lots. Councilmembers questioned the number of builders in the project and the price range of the homes. Ostenson said there will probably be four or five main builders and the homes will be $350,000 and up. Bill Gilk, 17895 W. 82nd, said he owns the property to the west of this project and his concern is the layout of Dell Road. He wants the opportunity to develop his property in a reasonable manner, so this project should include a reasonable alignment of Dell Road along the property line shared with his property and theBrentwood project. Ostenson said they developed ed the project in accordance with the alignment of the road as proposed by the City and a realignment would mean more assessments and more tree loss. Councilmembers questioned why the alignment of the road was an issue at this point. Dietz said there has been no resolution of the alignment through Mr. Gilk's property. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing; to approve 1st Reading of Ordinance for Rezoning; to adopt Resolution #94-113, approving the Preliminary City Council Minutes 6 July 19, 1994 Plat; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. F. RESOLUTION#94-114. VACATION 94-05-VACATION OF AN EXISTING DRAINAGE AND UTILITY EASEMENT AND VACATION OF RIGHT-OF-WAY FOR PART OF CRANBERRY LANE AT WEST 62ND STREET IN WOODLAWN HEIGHTS 2ND ADDITION There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to close the public hearing and adopt Resolution #94-114, to vacate the easements and right-of-way. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye". VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUEST FOR CONTRACT EXTENSION FROM HTPO FOR MILLER PARK PROFESSIONAL SERVICES Lambert said HTPO has requested an extension of $63,693 for their contract for Engineering Services at Miller Park. The anticipated completion date was July 4, 1993, and they have spent quite a bit more time than expected and have provided additional services. Councilmembers questioned the amount of the original contract. Lambert said it was $215,000. Councilmembers expressed concern that the amount of the extension is excessive and asked Staff to return with a detailed itemization of the additional expenses. There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to continue the request of HTPO to the August 2nd meeting. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION-Appointment of 1 Flying Cloud Business Representative to fill an unexpired term to 2/28/95 (Continued from 6/14/94) MOTION: Jessen moved, seconded by Pidcock, to continue this item to the August 16, 1994, City Council Minutes 7 July 19, 1994 meeting. Motion carried unanimously. XI. REPORTS OF OFFICERS A.' REPORTS OF COUNCILMEMBERS 1. PHONE CALLS REGARDING BOARD OF APPEALS MEETING Anderson said he has received phone calls about the decision by the Board of Appeals to recommend approval of a variance request that will be within a few feet of a county road. Pauly said the City Council can review the appeal. MOTION: Anderson moved, seconded by Harris, to review the appeal in question. Motion carried unanimously. 2. BRYANT LAKE PARK Anderson said he would like Staff to explore the options for extending the trail along Highway 62 to the Hennepin County property near Bryant Lake. 3. B.F.I. OFFER FOR REUTER Anderson said he has had calls from people who want to know what will happen if B.F.I. takes over the Reuter facility. Jessen said he thought the City should attend any hearings regarding the transfer of the license in order to be sure that all of our provisions are met. 4. WATER RATIONING Pidcock said she thought the City should program their sprinkler system to run only on the days watering is allowed so that we operate under the same restrictions as others. 5. TRAILS Pidcock said she did not like the cinder used on the trails in the City and thought it was a deterrent to people using them. She said she was also concerned about the use of coarse aggregate on streets that are being resurfaced as there are many children who rollerblade during the summer. She asked Staff to review and come back with possible alternatives. 6. BOARD OF REVIEW Pidcock said she was concerned about the lack of gender balance on the Board of Review since the entire Board is male, as are all of the Staff who attend the Board of Review meetings. She said she has received calls from women who attended the meetings and felt intimidated when faced with the all male Board. B. REPORT OF CITY MANAGER City Council Minutes 8 July 19, 1994 C. REPORT OF DIRECTOR OF PUBLIC WORKS 1. U.S. WEST AGREEMENT REGARDING PHONE EQUIPMENT AT BAKER ROAD WATER TOWER SITE Dietz reviewed the proposed agreement with U.S. West to build a cellular antenna site near the Baker Road water tower, noting that Pauly has summarized the terms of the agreement in the memo of July 19, 1994. He said the benefits to the City will include the rent and additional services for the communications system. Councilmembers expressed concern about the amount of excavation that will be required and whether others had bid on this. Dietz said it is a small building that will require some flattening of the land where it is located without disturbing the trees on the site. Pauly said it is a non-exclusive license so that others could have the opportunity to use the facility as well. MOTION: Harris moved, seconded by Jessen, to approve the agreement with U.S. West regarding phone equipment at the Baker Road Water Tower site as presented at this meeting. Motion carried unanimously. XII. OTHER BUSINESS XITI. AD TOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Anderson, to close the meeting. Mayor Tenpas adjourned the meeting at 9:12 p.m. MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING THURSDAY, AUGUST 11, 1994 8:30 AM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS PRESENT: Jean Harris, H. Martin Jessen, and Patricia Pidcock COUNCILMEMBERS ABSENT: Mayor Douglas B. Tenpas CITY COUNCIL STAFF: City Manager Carl J. Juffie Councilmember Pidcock called the meeting to order at 8:40 AM. MOTION: Jessen moved, seconded by Harris, to adopt the Resolution establishing polling places. Motion carried unanimously. Meeting adjourned at 8:45 AM. erCITY COUNCIL AGENDA DATE: fr°Ir.12 SECTION: CONSENT CALENDAR 8-I4-94 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance - Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A • THESE LICENSES HAVE BEEN APPROVED BY THE DEPATMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MULTI-FAMILY & COMMERCIAL) HEATIN; & VENTILATING Carpenter Construction, Inc. Grendahl Mechanical , Inc. Contracting Services Co. , Inc. Heights Mechanical Co. , Inc. Prestige Contractors, Inc. R. J. Ryan Construction, Inc. PUBLIC DANCE PLUMBING -_Planes of Fame (8-27-94) Dan G. Johnson Plumbing TEMPORARY LIQUOR Randy Lane & Sons Plumbing & Heating 8th Air Force Historical Society (Minnesota Chapter) at the GAS FITTER Planes of Fame Dance 8-27-94 Dan G. Johnson Plumbing Randy Lane & Sons Plumbing & Heating Action/Direction: 8-2-94 nage 1 :Paden CITY COUNCIL AGENDA DATE: prrIr12 SECTION: CONSENT CALENDAR 8-16-94 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.) REFUSE HAULER PCL CONSTRUCTION SERVICES, INC. LIGHTNING DISPOSAL, INC. PLUMBING !MINE & STRONG BEER BORMAN PLUMBING CAM RANH BAY BRUCKMEULLER PLUMBING MAJOR MECHANCIAL, INC. 3':2 BEER ON SALE REINKE PLUMBING CAM RANH BAY GAS FITTER HEIGHTS MECHANICAL CO., INC. HILTNER PLUMBING • Action/Direction: 8-16-94 page 2 • ...m.........m.mthiMr SOUTHWEST METRO TRANSIT 8080 Mitchell Road,Suite 104 Eden Prairie,MN 55344 (612)934-7928 Fax(612)949-8542 August 9, 1994 MEMO TO: Eden Prairie Mayor and City Council FROM: Diane Harberts, Executive Director SUBJECT: Request for Approval of Restated Joint Powers Agreement SUMMARY The Southwest Metro Transit Commission (SMTC) requests that the three joint powers cities of Eden Prairie, Chanhassen and Chaska approve a Restated Joint Powers Agreement (JPA) for SMTC. This Restated JPA, if approved, would replace the original JPA, would incorporate the amendments made by the member cities to the original JPA, and would reflect current realities reflective of the operational success of SMTC. BACKGROUND SMTC was created in 1986, pursuant to Minnesota Statute B 473.388, as a joint powers transit agency between the cities of Eden Prairie, Chanhassen and Chaska. The statutory authority was the Replacement Service Statute which has come to be known as the Opt-Out Law. In essence, this statute allowed cities or groups of cities at the end of the existing Metropolitan Transit Commission (MTC) routes, and who received little or no MTC service to establish their own transit systems. These systems would be funded by allowing the use of up to 90 percent of the locally generated regional transit operations property tax. Ultimately twelve cities chose to participate in the opt-out program, establishing five opt-out systems. They are: Southwest Metro Transit (Eden Prairie, Chanhassen and Chaska); Plymouth Metrolink (Plymouth); Maple Grove Transit (Maple Grove); Shakopee Area Transit (Shakopee), and; Minnesota Valley Transit Authority (a joint powers agreement between Apple Valley, Eagan, Burnsville, Savage, Prior Lake and Rosemount). SMTC is governed by a seven member Board of Commissioners, appointed by the member city councils. There are two representatives from each city, at least one of which must be a member of the city council. The seventh member is appointed on a rotating basis. Management and operations of SMTC are conducted by an Executive Director selected by the SMTC Commission. A Joint Powers Agreement by and between the Cities of Chanhassen, Chaska&Eden Prairie r Restated JPA Page 2 REASONS FOR RESTATED JPA The original JPA was adopted in 1986 prior to the beginning of SMTC operations. There have been five amendments to the original JPA, the last of which was adopted in 1990. The number of amendments, each of which was required to address a problem identified by the Commission, has made interpretation of the original JPA difficult, even for legal counsel, since some of the amendments amend previous amendments. Besides incorporating the language of the amendments into the text of the JPA, the Restated JPA also includes some changes which recognize current operating realities based upon eight years of operational experience. The most significant of these changes are: 1. Section 2. PURPOSE Language has been added to allow SMTC the ability to plan and conduct transit operations in conjunction with other cities and other transit systems. These operations will provide greater transit opportunities for SMTC area residents and businesses by expanding transit connections and services to areas where residents have consistently expressed a need. 2. Section 3. DEFINITIONS Language is added to reflect the changes in regional governance brought about by the Metropolitan Reorganization Act of 1994, which abolished the Regional Transit Board, effective October 1, 1994, and transferred their authority and responsibilities to the Metropolitan Council. 3. Section 5. BOARD OF COMMISSIONERS Changes the residency requirement for the Class 4 Commissioner (the Commissioner who is appointed on a rotating basis) to require that Commissioner to maintain his or her residency or principal place of business in the City which has appointed that Commissioner. 4. Section 6. m) POWERS AND DUTIES OF THE COMMISSION Eliminates the requirement that the purchase of buildings, real estate, buses or motor vehicles, or leases of same, by the Commission has to be approved by all three cities. This clause was originally adopted when it was believed these expenditures would come from operating revenues and would potentially reduce the availability of transit services. Funds for capital expenditures now come from regional transit bonds, and are approved by the region. L Restated JPA Page 3 5. Section 7. b) OPERATING COSTS, BUDGET, AND FINANCIAL LIABILITY Removes the requirement that the Advisory Board prepare the SMTC annual budget by July 1 of each year. In practice the Executive Director prepares the budget each year in accordance with a time table established by the Regional Transit Board/Metropolitan Council. It is not operationally realistic for the Advisory Board to conduct this function. Other changes contained in the Restated JPA are technical in nature or simply clarify existing language. The Southwest Metro Transit Commission approved this Restated JPA at its July 28, 1994 meeting. REQUEST It is requested that the Restated Joint Powers Agreement for the Southwest Metro Transit Commission be adopted by the City Council as proposed. SMTC staff will be available at the Council meeting to answer any questions the Council may have. 3 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: 2ND READING _ ITEM NO. -�✓, Cd DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger INTERNATIONAL SCHOOL Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for Zoning District Amendment in the Public Zoning District; • Resolution for Site Plan • Approval of a Supplemental Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Resolution 3. Supplemental Developer's Agreement Lu. . C - 1 INTERNATIONAL SCHOOL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the zoning of the land be amended within the Public Zoning District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the Public Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. SECTION 4. City Code Chapter 1,entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be developed in accordance with plans dated August 11, 1994. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of July, 1994, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of August, 1994. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on . �.0 ' Z INTERNATIONAL SCHOOL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. • AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning on land located at Crosstown and Beach Road within the Public Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) 3 INTERNATIONAL SCHOOL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR INTERNATIONAL SCHOOL FOR INTERNATIONAL SCHOOL OF MINNESOTA WHEREAS, International School of Minnesota has applied for Site Plan approval of the International School on 56 acres for construction of a parking lot expansion and recreational fields located at 6385 Beach Road, to be zoned within the Public Zoning District by an Ordinance adopted by the City Council on July 19, 1994; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 11, 1994, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its July 19, 1994, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to International School for construction of a parking lot expansion and recreational fields, based on plans dated July 8, 1994, between International School, and the City of Eden Prairie. ADOPTED by the City Council on August 16, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk International School Parking Lot and Running Track SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO AGREEMENT, made and entered into as of August 2, 1994, by The International School of Minnesota, Inc., a Minnesota corporation, hereinafter referred to as "Developer" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, Developer and City made and entered into a Developer's Agreement, dated April 30, 1987, for The International School of Minnesota, (hereinafter the "Developer's Agreement"; and, WHEREAS, Developer and City made and entered into a Supplement to Developer's Agreement, dated August 15, 1990, for The International School of Minnesota, (hereinafter the Supplement to Developer's Agreement "Phase II"); and WHEREAS, the parties desire to amend the Developer's Agreement and Supplement to Developer's Agreement, Phase II between The International School of Minnesota, and the City of Eden Prairie, for the construction of a parking lot and running track, for that portion of the property depicted in Exhibit B, attached hereto; NOW, THEREFORE, in consideration of the City adopting Ordinance # Developer covenants and agrees to construction upon development, and maintenance of said property as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. The following paragraphs shall be amended to read as follows: 1. Developer shall develop the property in conformance with the materials revised and dated April 30, 1987, reviewed and approved by the City Council on March 17th and April 7th, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. With respect to Phase II of said development, Developer shall develop the property in conformance with materials revised and dated January 30, 1990, reviewed and approved by the City Council on March 13, 1990, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall develop the parking lot and running track in conformance with materials dated August 2, 1994, reviewed and approved by the City Council on August 2, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Tr, C - S B. The following paragraph shall be added: 23. Developer agrees that either concurrent with the next phase construction for building or grading on the property, or by August 2, 1997, that a NURP pond shall be constructed to City standards for pretreatment of storm water runoff from the property. Developer further agrees to provide the City with the security in the amount of 150% of the construction cost of the NURP pond to City standards as determined by the City Engineer. Said security amount will be released to the developer when the NURP pond has been completed and approved by the City Engineer. MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources DATE: August 8, 1994 SUBJECT: Status of Trail Access to Bryant Lake Park Several weeks ago when the International School appeared before the City Council to request expanding facilities, the City Council directed staff to evaluate the feasibility of extending a trail from Beach Road, west along Crosstown and southerly into Bryant Lake Park directly from Crosstown. This trail would be lieu of the existing planned trail that would extend from Crosstown south along Beach Road and then east along the old cartway across International school property into Bryant Lake Park. International School representatives have indicated that they are still in opposition to allowing any public trail across their property; therefore, City staff is exploring the proposal alternative route directly from Crosstown. On August 5, Gene Dietz, Director of Public Works; Bob Lambert, Director of Parks, Recreation and Natural Resources; Doug Bryant, Superintendent of Hennepin Parks; and Alex Meyer, Park Planner for Hennepin Parks met to review the proposed trail alignment along Crosstown from Beach Road east into the park. The trail alignment appeared to be feasible although it would be rather expensive as the trail along Crosstown would require benching into the back slope of the right-of-way for several hundred feet. The trail would also require a bridge across Nine-Mine Creek. Staff from Hennepin Parks and the City will be meeting with representatives from Hennepin County to determine if they will allow the extension of this trail within the right-of-way of County Road 62. Hennepin Parks and City staff are also suggesting that Hennepin County, Hennepin Parks and the City of Eden Prairie consider submitting an ISTEA Grant application for this trail project in which Hennepin Parks, Hennepin County and the City would split the matching costs for the local match of the federal grant. It this trail alignment is feasible Hennepin Parks would then propose putting the one acre site they own on the north end of Bryant Lake on the open market for sale as a residential lot and attempt to recoup their investment in that parcel. They would propose the use of a portion of the revenue from the sale of that parcel for their share of the trail project being proposed. As soon as staff have met with representatives from Hennepin County on this issue a recommendation will be made regarding the ISTEA application for this proposed joint project. Bryanttr/Bob60 E II ____ 1 • II . — . 111 . • ______It ...-- ._ _ _. ._ _. ., _ ,_. limalmmr. , _.4 ,,._,_ 1 . ...,_7----:__7-... ___g-ri- \VIP> 1‘I /(‘' Mill • ' ruktoo ; .e 1)0 PC$441; I IAP j ; j4F :& / ilk 1 I (,.: 1111111% 1 40,4. iFog,14,4:50 :2. pi.1 n v ITER!!AT:GFi1` 411\41 Via Lift' i 04 f titi4(` 10• - . : - .4, c, __,......7.:. ,,P0141qiuitr: .‘- * o iiim" - havAto \ crrf I 1:- ' Villa X \' * '1::.; i '•:,:.. ..;41 41101, 1144 , ,( ,, „4., -..,,.- tit ,i.f..;. . \,, ; L::.-N 4A11-i , t.1; 1 it 1. : �*'� tea: iii ', Se„ ' 114 :T.NT:a 1--w.\i s!;::fifilivIllii .!!!!!,.ii!!!1 r c, WA. ...:;, ' 7- _ lilt: iv -111 ,.4.,\ --*ili:';1'0-. .. .,, oi::: :.... Af ..*,-,..,,, ..,:- ' I46wd- -- A'v(:Lh :...:::::: ;,. 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Eden Prairie, MN 55344 (612) 941-3500 founded 7886 �o�.srwsaawr+rc•a..�a.�nosaa�=••••,T—••-s+rx r•. oar_-�•••_•_••.ra. �.� August 12, 1994 Bob Lambert, Director Parks, Recreation, and Natural Resources City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Bob: As you are aware, the city has asked numerous times to be allowed to construct a trail through the south end of our property from Beach Road to Bryant Lake Regional Park_ This request first arose when we purchased and sought to develop the property in 1987 . Each time the school has been before the Council for a change or addition to its original Developer' s Agreement, the request has been repeated and has, each time, caused delays to occur in the timely processing of the proposals . The International School enrolls children from age 3 through grade 12 . A main concern of parents choosing our school for their children is the safety and security of the premises . We share their concern and have posted our property with "Private Property - No Trespassing" signs. We ask all persons not connected with the school to leave the premises . In spite of our efforts, we regularly have trouble with skateboarders, loose dogs, people using the playground climbing equipment, sandboxes, and tennis courts . We even had someone using our grills one weekend. We removed an empty barn and house on the property (abutting the proposed trail) because they had become "party houses" for the community. Teachers have often reported people drinking, smoking, and participating in other activities not allowed on school property when they take their children for walks or science exploration trips . We have 9 sister schools overseas (all owned or managed by our same organization) ; these properties are fenced with guards. posted at the entrance_ This attests to the organization' s strong commitment to the safety and security of children and staff . AUG-12-94 FRI 11 :41 INT' L SCHOOL OF MN FAX NO. 6129414015 P. 03 Bob Lambert/August 12 , 1994/p. s From the beginning or our discussions with the city and continuing till today, we have been adamant about not having a trail through our property. I cannot express strongly enough our opposition to such a trail . Sincerely, ( cLj s Latifc,12_04 Tracy S . Whitehead Director of Operations and Community Affairs cc: Doug Bryant -T- 10 DATE: August 14 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 121 D. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Public Works Dept Storm Sewer Special Assessments Eugene A. Dietz Hueler Property/AKA Brandt Property Proposed Action: Staff is recommending that the original special assessments for storm sewer in the Bluffs area (LC. 52-069) be abated by deferring payment of installments for property formerly known as the Brandt property and now owned by Gregory and Kelli Hueler (PID 35-116-22-24-0010). The original principal amount of this assessment was $24,398.92 for the acreage of the parcel in excess of the first half-acre and was originally deferred for five years with interest which has grown to a current amount of$30,329.07. Consistent with past practice and in recognition that the property is not ready for development beyond its current use as a single family homesite, it is proposed that the remaining storm sewer special assessment on this property be deferred until development at an interest rate of 8% with a cap on the interest that would not exceed 50% of the original principal. This will result in a total deferred assessment amount of$36,598.38. At such time as the property is divided or further developed, this amount would become an active assessment and collected over a five-year period. Specifically, the Council is requested to authorize staff to make this correction and certify it to Hennepin County in accordance with provisions of Minnesota Statute §375.192 relating to abatement of special assessments, among other things. Background: In 1988, the City held the assessment hearings for development in the area of East and West Riverview Drive and Riverview Road. One of the improvement projects --I.C. 52-069, storm sewer improvements-- was levied against a rather large area, including the property then under development. Most of the developed parcels in the area received a modest special assessment for these improvements, but two properties in particular had fairly high assessments. The City Council dealt with property owned by the Laseski's in 1992 and authorized a deferment until development with interest accruing not to exceed 50% of the original principal. The other parcel was formerly owned by Henry Brandt. This parcel was originally given a five- year deferment, which ended in 1993 and the owner began making payments on the special assessment. Additional deferments were not requested and therefore none were granted. Since that initial payment, a sale of the property to the Hueler family has occurred. It is being requested that a deferment similar to that granted the Laseski property be given. The primary basis of these type of deferments is stated in Special Assessment Policy No. 1: "It is the specific purpose of the City Council to make provisions in the special assessment proceedings so as to not force a homesteaded property into premature development or early sale because of an improvement project". Item No. L . D, Consent Calendar (Continued) Storm Sewer Special Assessments Hueler Property/AKA Brandt Property August 2, 1994 Council Meeting • Although the former owner of the property began making payments on this special assessment, the new owners find that continuing payments would be a hardship. It is therefore recommended that the assessments be deferred until subdivision or development. Financial Implication: Upon development, the City will collect the full amount the original assessment. It is likely that there will be some lost interest income, depending on how long into the future the property remains as a single family homesite. The amounts discussed above are specifically the amounts in excess of$2,735.30 for the first half-acre of property. Both the Laseski property and Brandt property were originally assessed this amount to recognize the current use of the property. The amount in excess of the first half-acre of assessment to be deferred is a consistent practice. Item No. L D. 2 July 26, 1994 Gregory&Kelli Hueler 12300 Riverview Road Eden Prairie, MN 55344 Hennepin County Board Hennepin County Gov't Center 300 South 6th Street Minneapolis, MN 55415 To Whom it May Concern: We are writing to request that special assessment number 12712A levied on property that we have purchased be abated by deferring payment of installments until the property is subdivided or developed. The property address is 12300 Riverview Road, Eden Prairie,dMN 55344 and the PID number is 35-116 -22 -2 4 -0010. This application is made pursuant to Minnesota Statute§375.192, which provides authority for such an abatement. We further understand that interest shall accrue on the principal amount of $24,398.92 at a rate of eight (8) percent with a cap of fifty(50) percent, or a total of$36,598.38. We appreciate your prompt attention to this matter and look forward to hearing from you regarding the above-mentioned deferment. Sincerely, Gregory Hueler Kelli H. Hue er cc: Eugene A. Dietz Director of Public Works City of Eden Prairie 11t- D• 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. STORM SEWER SPECIAL ASSESSMENTS HUELER PROPERTY/AKA BRANDT PROPERTY PID 35-116-22-24-0010 WHEREAS, the property identified as PID 35-116-22-24-0010 is homesteaded unimproved property; and WHEREAS, the City's Special Assessment Policy provides for the deferment of - certain special assessments to homesteaded unimproved property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: that the Council of the City of Eden Prairie hereby approves the abatement by deferring payment of installments of that special assessment relating to improvement I.C. 52-069 against property identified as PID 35- 116-22-24-0010, pursuant to Minnesota Statutes §375.192, in the following manner: The entire balance of levy number 12712 in the amount of $30,329.07 (excluding payments previously made) shall be abated by deferring payment of installments until the property is either subdivided or developed. Interest at the rate of 8% per annum shall accrue based on the original assessed amount of $24,398.42 (as levied in 1988). until a maximum sum of principal and interest equaling $36,598.38 is reached. When the property is either subdivided or developed, the amount of principal and interest that has accrued, up to the maximum amount, shall be certified to Hennepin County for collection over a five-year period. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. IE. D y' EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: Consent Calendar ITEM NO. E DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger 1994 (Yr.XX) CDBG Subrecipient and Third Party Dave Lindahl Agreements Requested Council Action: The Staff recommends that the Council take the following action: Authorize Mayor and City Manager to execute agreements for the Year XIX 1994/95 Community Development Block Grant (CDBG) program. Subrecipient (City) and Third Party Agreements are required for each activity funded through CDBG. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR & CITY MANAGER TO EXECUTE SUBRECIPIENT AND THIRD PARTY AGREEMENTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) WHEREAS, the City of Eden Prairie has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1994 (Year XX) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U. S. Department of Housing and Urban Development, the City is a subrecipient, and Greater Minneapolis Daycare Association and Senior Community Services are third party recipients that receive a share of the grant; and WHEREAS, program regulations require that a Subrecipient Agreement and Third Party Agreements be executed by the City and third parties which set forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED that the City Council of the City of Eden Prairie hereby authorizes and directs the Mayor and the City Manager to execute the Subrecipient Agreements between the City and Hennepin County, and execute Third Party Agreements between the City and third parties on behalf of the City. ADOPTED this 16th day of August, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, Clerk EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: 2ND READING ITEM NO. Ig. -. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BRENTWOOD Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for Rezoning from Rural to R1-22 on 38.13 acres and R1-13.5 on 1.65 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Developer's Agreement BRENTWOOD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-22 and R1-13.5 Districts. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from • the Rural District and shall be included hereafter in the R1-22 and $1-13.5 Districts, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 16, 1994, entered into between Tandem Properties and the City of Eden Prairie, and which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of July, 1994, finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of August, 1994. ATTEST: John D. Frane, CityClerk C e k Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on .-F -' �, BRENTWOOD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Dell Road and Scenic Heights Road, from Rural to R1-22 on 38.13 acres and R1-13.5 on 1.65 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) 7r. - 3 Exhibit "A" Brentwood PROPOSED LEGAL DESCRIP770N ?That part of Outlot A, FAiRFIELD WEST, according to the recorded plat thereof, - Hennepin County Minnesota, described as follows: - ?Commencing at the southwest corner of said Outlet A; thence North 88 degrees 05 minutes 55 seconds East, assumed bearing. along the south line of said Outlot A, a. - distance of 86.60 feet to the actual point of begfirryng of the tract to be described. thence continue North 88 degrees 05 minutes 55 seconds East, along said south line, a distance of 308.23 feet to the southeasterly line of said Outlet A; thence North 42 degrees 45 minutes 43 seconds East, along said southeasterly line, a distance of 955.07 feet to the southwesterly line of Lot 1, Block 3, :.FAIRFIELD WEST 2ND ADDITION, Yccording to the recorded plat thereof,.Hennepin. County Minnesota; thence North 42 degrees 10 minutes 57 seconds West, along said southwesterly line;'a. distance of 13291 feet to the northwesterly line of said Lot 1, Block 3; thence North 52 degrees 52 minutes 24 seconds. East, along said northeasterly line, a distance of.156.41 feet to the westerly right of way .; line of Condlewood Parkway, as dedicated on said plat of FAIRFIELD WEST; thence northerly , along said westerly line and the westerly line of Candle wood, as dedicated on_ the plot of FAIRFIELD WEST 2ND ADDIT1ON..on a curve,. concave to the east, having a central angle of 52 degrees 11 minutes 14 seconds, radius of 555.00 feet, for a arc length of 505.52 feet, to the southerly line of Lot 1', Block 1, .FAIRFIELD; WEST 2ND ADDITION, the chord of said curve bears North 12 degrees :•51 minutes 48 seconds East '' • thence North 78 degrees 13 minutes 56 seconds.:West,..'along' said southerly line, a distance • of. 15764 .feet to the westerly line'of:said Block 1, FAIRFIELD. WEST 2ND:ADDITION; '- ,thence North 15.degrees 01 minutes 28 seconds East,' along said west line, a distance of 115.58 feet; thence North 09 degrees.3B minutes 48 seconds_East, along said westerly line of Block 1, a distance of 94.66, feet; thence north 01 degrees 42 minutes 20 seconds West, along said westerly line, a distance of 100.78 feet; thence North 07 degrees 05 minutes 41 seconds West,"along said westerly line, a distance of 109.32,feet;, thence north 03 degrees 02 minutes 34 seconds West along said westerly line, a distance 196.41 feet to the • northwest corner of Scenic Heights Road, `as dedicated on the plat of FAIRFIELD WEST,- thence South 87 degrees 28 minutes.26 seconds West, o distance of 6'89.99 feet; thence westerly , along a tangential curve, concave to the south, .having a central angle of 15 degrees 27 minutes 29 seconds,.radius of 756.20 feet, arc length of204,02 feet to the west line of said Outlot Ai thence South 00 degrees 37 minutes 44 seconds East along said west line, a- distance of 655.24 feet; thence South 02 degrees 07 minutes 17 seconds East, along said west line a distance of.651.50 feet to the easterly-line of Dell Rood," :as dedicated on .: the plat of BEARPATH ADD/TION, according-to the recorded plot there of Hennepin;, County.Minnesota; thence:. southerly along said easterly.line, on a curve having a central angle of 39 degrees"`09-minutes57:seconds, radius of 766.20 feet for a arc length of 52375 feet to the actual point:of beginning, the chord of said curve bears South 11 degrees 49 minutes 43 seconds East. Also Outlot 0, BEARPA77d ADDITION, according to the recorded plat thereof, Hennepin County Minnesota -fix , T - '1 DEVELOPER'S AGREEMENT BRENTWOOD THIS AGREEMENT, made and entered into as of August 16, 1994, by Tandem Corporation, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Rezoning from Rural to R1-22 on 38.13 acres, and Rezoning from Rural to R1-13.5 on 1.65 acres, and Preliminary Plat of 39.78 acres into 53 lots and road right- of-way for construction of Brentwood, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No._-_, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on July 19, 1994, and dated July 14, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. LAND ALTERATION PERMIT AM) TREE REPLACEMENT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. Prior to the release of the Land Alteration Permit, Developer shall provide to the City and receive the City's approval of a tree replacement plan for 1900 caliper inches. The tree replacement plan shall depict a mixture of plant materials indigenous to the area but the primary tree replacement shall be maple varieties. -F - 5- Upon approval by the City of the tree replacement plan, Developer agrees to construct or cause to be constructed said tree replacement plan in accordance with the terms and provisions of Exhibit C, attached hereto. 5. TREE PROTECTION PROGRAM: Developer has submitted a tree protection program as depicted on Exhibit B. As part of this program, Developer agrees as follows: A. A scenic conservation easement shall be required on each lot on the property for the purpose of protecting significant trees according to City Code. For Lots 30 - 33, Block 2, the Scenic Conservation Easement is shown on Exhibit B. For Lots 1 - 20, Block 1, and Lots 1 - 29, Block 2, as shown on Exhibit B, the scenic conservation easement shall be determined by the City prior to the final plat approval for said lots. B. Placement of snow fencing according to the attached grading plan as depicted on Exhibit B. C. The Certificate of Survey provided at the time of building permit issuance shall indicate existing and proposed grades, type of home to be built, detailed tree inventory, erosion control and construction fencing plan, location of dumpsters, materials, and construction equipment. D. Prior to the issuance of the land alteration permit, Developer shall provide security in the amount equal to 150% of the cost of tree replacement. 6. SIDEWALKS AND TRAILS: Prior to the issuance by the City of any permit for grading or construction on the property, Developer shall submit to the Director of Parks, Recreation and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the property. Said sidewalk and trail shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the west side of Brentwood Lane from Dell Road to Scenic Heights Road. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer agrees to construct or cause to be constructed said sidewalks and trails, concurrent with street construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. STORM WATER PRETREATMENT: The design of the storm water pretreatment facility shall meet the requirements of City code, Chapter 11, Section 11.55 has amended by Ordinance #10-94. Developer shall maintain the storm water treatment facilities until 75% of the lots within the plat are fully developed with restored lawn areas. Prior to acceptance of the storm water treatment facilities by the City for ownership and maintenance, the developer must remove sediment to plant contours and provide a survey report by a registered land surveyor or registered engineer certifying that the facility conforms to the plan dimensions. � (t) If the treatment facility adjacent to proposed Scenic Heights Road is constructed prior to the availability of storm sewer in Scenic Heights Road, developer shall design and construct a temporary outlet acceptable to the City Engineer. 8. SPECIAL ASSESSMENT AGREEMENT FOR SCENIC HEIGHTS ROAD: Prior to final plat approval, developer shall enter into a special assessment agreement with the City for cost of capital improvements for Scenic Heights Road, including an 8" watermain abutting the property and the residual portion of Outlot A, Fairfield West. • .�f -FT - 7 CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT, made this day of , 1991, by and between , a ,hereinafter referred to as"grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor has platted the Property into a subdivision entitled ; and, WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the subdivision as described in Exhibit A, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns an easement in, under, on, and over the conservancy/scenic easement area, hereinafter referred to as "the easement area," and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the easement area: A. The easement area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted upon the easement area and no trees, shrubs, or other vegetation shall be removed from the easement area without the prior written consent of the City. B. No building, road, sign, billboard, utility, or other man-made structure shall be placed in the easement area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the easement area without the prior written consent of the City. D. No change in the general topography of the easement area landscape, including, but not limited, to excavation, dredging, movement, or removal of soil, shall be allowed without the prior written consent of the City. E. The duration of the easement is perpetual. , — F. With respect to the easement area, Developer represents and warrants as follows: 1) That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the easement area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. andcontaminants hereafter 115B.01, et. seq. (such substances, wastes, pollutants, afte � . referred to as "Hazardous Substances ); 2) That to the best of Developer's knowledge, Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the easement area, any Hazardous Substances; 3) That to the best of Developer's knowledge, no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the easement area any Hazardous Substances; Developer agrees to indemnify and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the easement area by Developer, its employees, agents, contractors or representatives. 3. Grantor agrees to maintain the easement area subject to the provisions stated herein. 4. This easement shall bind and inure to the benefit of the parties, their successors, and assigns. 5. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the easement area. DATE: August 16, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: j , G' SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Award Contract for Hidden Ponds Reservoir Painting Rodney W. Rue I.C. 93-5338 Recommended Action: Motion to approve resolution awarding Improvement Contract No. 93-5338 to Aero Painting. Overview: The bids were opened on July 19, 1994 with a minor irregularity in that the bid bond was not attached to the outside of the bid proposal envelop from three of the bid proposals, including the lowest bidder, Aero Painting. However, all the necessary information was included and in order from all of the bidders. Our specifications allow the City to waive minor irregularities such as this situation. We would recommend that the Council waive this minor irregularity and award the contract to Aero Painting in the amount of$243,445.00. Item No. % 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 93-5338 - Hidden Ponds Reservoir Painting bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to: Aero Painting as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Aero Painting in the name of the City of Eden Prairie in the amount of$243,445 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council August 16, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. Le a L AUG-1U-94 WEU 12:UU AEC Engineering -MPLS,MN FAX NO. 6123343101 P. 02/05 AEC ENGINEERING ENGINEERS 511 Eleventh Avenue South I N S P E C T A R S Minneapolis, Minnesota 55415 Phone;(612)332-8905 Fax:(612)334.3101 August 10, 1994 Mr. Eugene Dietz, P.E. Director of Public Works City of Eden Prairie 7905 Mitchell Road Eden Prairie, MN 55344-2227 RE: Bid Evaluation 1.0 MMG Hydropillar Hidden Ponds AEC Project No. 5593240 By Fax and U.S. Mail Dear Mr. Dietz: The bid opening p g was held on Jul 9 1 July 1994, at 2:30 p.m. The seven bids received were as follows: BIDDERS TOTAL BID Wasche Interiors $271,134 Rainbow, Inc. $326.408 Tenyer Coatings, Inc. _ $542,000 Odland Protective Coatings $423,350 TMI Coatings $308,900 Abhe & Svoboda, Inc. $493,200 • Aero Painting $243.445 The Engineer's Cost Estimate was $331,750. in reviewing the qualifications of the lowest bidder, we find that Aero Painting meets the requirements of Section B.7 of the Specifications and is qualified to do the work. We recommend you accept the lowest bidder, Aero Painting. • /1/. & 3 AUG-10-94 WED 12:01 AEC Engineering —MPLS,I"IN FAX NO. 6123343101 P. 03/05 Mr. Eugene Dietz August 10. 1994 Page 2 Enclosed for your reference is a bid Tabulation Sheet on the project. Sincerely, AEC Engineering J ck R. Koilmer anager, Coatings Systems NAGE Certified Coatings Inspector No. 691 Enclosure cc: Mr. Rod Rue, City of Eden Prairie Mr. Ed Sorenson, City of Eden Prairie Shawn Mulhern. AEC (dadlcoatmps sRci324o) BID TABULATION SHEET . AEC PROJECT NO.5593240 Specifications and Special Provisions for Cleaning, Repairing and Painting a 1.0 MMG Hydropillar City of Eden Prairie,MN KEY: iliiiii!i!iiiiiii Bids not received in conformance with Item B.1.3 of the Specifications. ITEM#1 ITEM#2 ITEM#3 - ITEM#4 ITEM#5 Exterior and Prospective Contractor 5% Structural Surface Interior Interior Dry Logo TOTAL Bid Modifications Repairs Sandblast and Sandblast and and AMOUNT OF Bond Coating Coating Lettering BID ($85 x 230) Engineer's Cost Estimate 15,350 19,550 122,100 166,250 8,500 331,750 #3 cP G&M Painting Enterprises .:.:.;.::.:. .....::::.::...............::::::. ......... :ax+ . ....... ....... : :%::::i:::: : : ;;;: :.:'`::`. :.:.::::: :.:..:.. :..:.::::: .._ #6 (80) Rainbow,Inc. 16,320 18,885 18,400 89,325 196,198 3,600 326,408 #7 (100) Tenyer Coatings,Inc. 27,100 62,000 23,000 100,000 347,000 10,000 542,000 #8 (90) Odland Protective Coatings 21,168 30,200 20,700 102,000 262,500 7,950 423,350 #9 Newmann Company Contractors BID TABULATION SHEET AEC PROJECT NO.5593240 Specifications and Special Provisions for Cleaning,Repairing and Painting a 1.0 MMG Hydropillar City of Eden Prairie, MN KEY: Bids not received in conformance with Item B.1.3 of the Specifications. ITEM#1 ITEM#2 ITEM#3 ITEM#4 ITEM#5 Exterior and Prospective Contractor 5% Structural Surface Interior Interior Dry Logo TOTAL Bid Modifications Repairs Sandblast and Sandblast and and AMOUNT OF Bond Coating Coating Lettering BID #10 Division 3-5-7 Specialties #12 (30) Abhe&Svoboda,Inc. 24,660 65,000 6,900 189,000 229,300 3,000 493,200 #13 J&W Sandblasting ...................................................................................................... g04;POINPONEMIiiiiiMIER DATE: August 16, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: if, ,- SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Change Order No. 1 for City Wells Nos. 11 & 12 Rodney W. Rue I.C. NO. 93-5336 Recommended Action: Motion to approve Change Order No. 1 for construction of Wells Nos. 11 & 12. Overview: The consultant for this project has prepared a compensating change order that basically changes the contract quantities to actual quantities in order to "final out" the contract. Financial Issues: The change order results in a $16,774.50 deduct from the original contract amount. Item No. _a• 1—, f CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN July 6, 19 94 Comm. No. 10532 Change Order No. To Layne Minnesota Company for Construction of Well No. 11 and Well No. 12 for City of Eden Prairie. Minnesota You are hereby directed to make the following change to your contract dated December 29 , 19 93 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (not change) the contract sum by Sixteen Thousand Seven Hundred Seventy-four and - - - - 50/100 Dollars ($ 16,774.50 ) . COMPENSATING CHANGE ORDER This change order adjusts the total contract price based on the actual quantities installed at the unit price bid amounts (see attached itemization) : Well No. 11 (Deduct) $ 4,062.50 Well No. 12 (Deduct) $12,712.00 NET CHANGE ORDER (Deduct) $16,774.50 Amount of Original Contract $ 229,200.00 Additions approved to date (Nos. ) $ 0.00 Deductions approved to date (Nos. ) $ 0.00 Contract amount to date $ 229,200.00 Amount of this Change Order (.A444) (Deduct) ( Tot Chenyd) $ -16,774.50 Revised Contract Amount $ 212,425.50 TO Z, KI G, DUVALL, ANDERSON Approved CITY OF EDEN PRAIRIE, MN AN ASSOC ATE , I ORPO TED Owner By BI, Date David L. Moore, P.E. Approved LAYNE MINNESOTA COMPANY White - Owner* Contractor Pink - Contractor* By '� f�' �� /�/`�� Blue - TKDA Date 1. - CHANGE ORDER NO. / (COmpswaAnwm) WELLS NOS. n AND 10 CITY opsosw PRAIRIE, ^mmwsuor^ COMMISSION NO. /5032'01 WELL NO. 1/ ------ -� /rsm cnwrnAoT uwn ou*wnTv NET NO osacn/p�mm muAwT/r, uwn PRICE rooxTs o/ppsnswos |o��wss _- - _'--_ - - - - - --____�---__- - ' - _ - -__ _+ _ -- --- Woo 10 MOVE|wroocRwmnaompwT 1.00 ua *2.75000 1.00 uwu $�um _ 11 AIR SURGING oo�oo nn m12e.00 *u.ao 11.50 $1,��eo --- __'-- -1» _ADDNL IwSr OF AIR EQV|pMT _--_�__---_-1.0V� �LS-_--_--$450.0VVVy -1.o0- ---1$450.00> 13p&| TEST PUMP 1.00 Le *o�unoow � 1.00 o�om m000 --- _---_--'--' --_-- __--___�--14 TEST-_TESr PV/mp/mG' _-- -_--__60/00 'H R�_ --_-_-/$85.00- --___22.00'-_----_-38.00 _($3.230.00) 15-_-_AZDL INST.TsaT PUMPING EQUIP �1.00 LS__-----_$4§0.00' --_0.00�___----1.00 ($4x50.00) 16 o«oowL SAND'TESTS_--_� 5.00-EA __------$30.00--_�--__0.00 _-5.04 (* 50,02 17 c*sm|oaL ANALYSIS 1.00 uy *oe000 1.00 uom *000 _-_�__---__-_--_'-- _--' -_----_ NET CHANGE -_____--- _-- __-__----_'(*4.062.50) ` - � ~ '444%44411/444'4.446%*................4......... CHANGE ORDER NO. 1 (COMPENSATING) WELLS NOS. 11 AND 12 CITY OF EDEN PRAIRIE, MINNESOTA COMMISSION NO. 15032-01 WELL NO. 12 ITEM CONTRACT UNIT QUANTITY NET NO DESCRIPTION QUANTITY UNIT PRICE TO DATE DIFFERENCE CHANGE 1 MOBILIZATION 1.00 LS $12,000.00 1.00 0.00 $0.00 2 DRILL 30"DIA CASED HOLE 175.00 FT $160.00 178.00 3.00 $480.00 3 F&I 29"DIA OPEN HOLE 219.00 FT $80.00 207.00 -12.00 ($960.00) _ . 4 F&I 24"CASING 210.00 FT $49.00 215.00 5.00 $245.00 5 FURNISH & PLACE GROUT 30.00 CY $190.00 18.00 -12.00 ($2,280.00) 6 FURNISH & SHOOT ROCK 400.00 LB $6.00 ,„.. 303.00 -97.00 ($582,00) 7 REMOVE ROCK 300.00 CY $65.00 199.00 -101.00 ($6,565.00) 8 MOVE IN 750 CFM AIR EQUIPMT 1.00 LS $4,500.00 1.00 0.00 $0.00 .._ . _ 9 AIR SURGING 32.00 HR $200.00 39.00 7.00 I- $1 400 00 10 ADDNL INST OF AIR EQUIPMT 1.00 LS $450.00 0.00 -1.00 1 ($450.00), 11 FURNISH & INSTALL TEST PUMP 1.00 LS $2,300.00 1.00 0.00 1 $0.00 12 TEST PUMPING 60.00 HR $85.00 20.00 -40.00 L ($3,400.00) 13 ADDNL TEST PUMP INST 1.00 LS $450.00 0.00 --- -1.00 1 ($456.00) 14 4 ADDNL SAND TESTS 5.00 EA $30.00 0.00 -5.00 ($150.00) 15 CHEMICAL ANALYSIS 1.00 LS $250.00 1.00 0.00 $0.00 . _... _. .._. _ ______._ _ _._ _ ___ . _ .__ . •NET CHANGE ORDER ($12,712.00) ._ .1-,..\ • DATE: August 16, EDEN PRAIRIE CITY COUNCIL AGENDA 1994 SECTION: Consent Calendar ITEM NO: rg, J DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Brentwood, located west of Candlewood Parkway Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Brentwood with the following provisions: 1. Receipt of engineering fee in the amount of$250 2. Receipt of street lighting fee in the amount of$744 3. The requirements of the Developer's Agreement Overview: This proposal consists of the platting of four single family lots abutting the existing Candlewood Parkway, and platting the remainder of the Brentwood development into an outlot to be subdivided at a future date. The preliminary plat was approved by the City Council July 19, 1994. Second reading of the rezoning ordinance and approval of the developer's agreement is schedule for City Council approval August 16, 1994. JJ:ssa cc: Jim Ostenson, Tandem Corporation Martin Webber, Westwood Professional Services Item No. nr, J, CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BRENTWOOD WHEREAS, the plat of Brentwood has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Brentwood is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 10, 1994. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 16, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. _ , , L -; i i ' . ..;' 7 • • T :1 ..Y }ti vo-t•: +� .t� � r C xr r f`!1,:' y ► w5 L; IJ�t`T �0 4'", T • 1 1 rx „„r t, .' to • BRENT IYOOD4� h y ,.r+ q _: • • • I \ r-n /,1-)r-ir-1 n lAir-;-.-r I ) /\ /' ._.. , 7 n 11� n 1-1 1-1 1 T 1 n n 1 _ ,, 1 NWI line o!Lot 1, Block J / !+ + L 1 V V /-1/i L✓l 1 /L/1 V _ L1 I FA/RFI 'y Z ,..':r:;Y;:,;•: _ ELD *EST?ND ADD/110y \' —`—_ ( .4: F$h \ _Wly line of Condlewood /Parkway 0 l'7` Al 41°33'40" W r. i::i`�i., i ---C� '- r"‘+i r' tl! 5%y lint Lot�l.-B/ k 1 Ck qqO L�\ �O� >�+ / s. ' -- �� \ /FAIRFIELD ST 2ND 1 1` 6 I. 0 0 \ W Chd. erg. -1 N A5...,��" ° \ 5671 4 �� F// 0 co `� a . Q ° ' R' w r 103' h \ = -I-1 52 1 42 r 11 > 1 O• Q�O h a - 4�I-I�7 J6�1 L °r 9b.iv,6 ° 4 `o i O �OI co d sJ'Io6• pan°46'TS' se1. c r 2 2 n 2 +� h� � ' L' O o°°o�" �•J t�`"N ``r`y 1�"9 �s�' '', Mfg 06° S 4 W r ? ;r �A ��N ' 9, Y .14e 4. / 2^ ° jt� 109.32 --�` '� 1 Z • p ^� Ob,1� �\ ,'�.q6 `� '' sr r2J.00 I 7� • 1 3s i ›.1•' °IA -go:J. O ?DD 57 71"00 65.96' 114.99 - F I I 'V x8°s,47. -- - 180.95 `'r S line o WI),line of!Pk. 1, / E N 00°49.57" W ro • /..,---- FA/RFIEL. FAIRFIELD HEST w ` 2ND ADDITION c) J\ '9 `IJ DATE: August 16, EDEN PRAIRIE CITY COUNCIL AGENDA 1994 LL SECTION: Consent Calendar ITEM NO: .L:• k. DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Summerfield 2nd Addition, located at the NE Jeffrey Johnson Quadrant of TH 5 and Dell Road. CIC No. 703 Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Summerfield 2nd Addition with the following provisions: 1. Receipt of engineering fee in the amount of$800 Overview: This proposal consists of platting 20 lots over the townhouse areas of Lots 31, 32, 33 and 34 of Block 2, Summerfield for individual unit sales and is consistent with the overall Summerfield PUD. The preliminary plat was approved by the City Council December 16, 1993. Second reading of the rezoning ordinance and approval of the developer's agreement was completed May 3, 1994. A C.I.C. plat, or Common Interest Community plat, is a newly created instrument done through legislation that took effect June 1, 1994. It is meant to take the place of a condominium plat and is intended for use anytime there is common property interests conveyed with the purchase of property such as townhomes, condominiums, apartments, etc. Item No. , / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNPSOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SUMMERFIELD 2ND ADDITION (C.I.C. PLAT 703) WHEREAS, the plat of Summerfield 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Summerfield 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 10, 1994. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 16, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. • I T1 1r- DH-Nrnr- 7h 111 n r,rltrl/1t.1 C.R. DOC. NO 1 r1L_ 1 VIJVL_ L1 VV ,-fit ivi 1 iv'V us I 1189.27.25-W L 729.50 — CIC NUMBER 703 'Ig 51 2 r vl.y�! .m \'Vi • I ;......„.....-".......... SUMMERFIELD 2ND ADDITION t.r.rlr. n.r nwtor»i p.+. _ w'.rmt n.n SI�,b>* f`t 4Cr ry 1" +a1t MOO „.. MO )a.. b .. .... 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RI 17 811 4e S 40 1150 1.9 II f..+e e r * 40 'B� hoe en wwmw bowing of N 0034.21.E. r•el "b unary Neo �91 I 51 g ..v:-F:, :: R ....f:.�. whir----..;;;; "t•IJr61/ . a,34 b'4 Si�` IN73 1.:rr1 5 s 2/ aR� s� +.)- —— -1--- — — inrf R.071 tb a25¢tt p • li, �i I 1 I sys�• i� "A.2J s•' °r N o� 1fit• \ 1 I DJf v '' ,�b:;� 1 y •PION■tie o y J 1 1 I ( on---79.04 .v `tty?4 \ engineering . .... .•.,a u. 39 39 3: 36 •- 'r „is AO Y r • I % 1 I I• � 1 SHEET 2 OF 2 SHEETS EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8/16/94 SECTION: Consent Calendar ITEM NO. IV.L DEPARTMENT: ITEM DESCRIPTION: Recommendation for Policy on Fire Permits PRNR Robert A. Lambert r--Y BACKGROUND: In the fall of 1993, Eden Prairie High School representatives from the Circle of Fire requested the City authorize allowing a bonfire on the beach at Round Lake after a Friday night football game. The group promoted this activity as a way to encourage high school students to enjoy a drug and alcohol free party after the football game. The students with the help of high school counselors, teachers and parent volunteers provided refreshments and music while the City monitored bonfire. City staff considered this as a "one time request" in order to evaluate student behavior and reaction from neighbors. Prior to the bonfire, the City notified all of the neighbors to the south and west of the park that might see or hear the party, which was held from 10:00 p.m. to midnight. The party was very well organized, carefully supervised and conducted without any problems. 1994 REQUEST: Recently, City staff received a request from the High School PTO to have a bonfire on the Round Lake beach from 10:00 to 12:30 a.m. after a football game. The purpose of this gathering is to invite parents of high school students to meet high school teachers in an informal atmosphere early in the year. CONCERNS: While City staff strongly support the motive behind the request from the Circle of Fire and from the PTO, staff are reluctant to send a message to the community that Round Lake Park is now open for requests for bonfires on the beach from 10:00 p.m. to midnight. City staff would like to recommend the Council adopt a policy limiting the type of requests that will be approved and approving a set of conditions under which those requests would be approved. Staff believe there should be limitations on these requests because of the following concerns: 1. Impact on Neighbors (late hours) - The City has been very consistent on limiting the number of activities that occur outdoors in parks after 10 p.m. People living next to parks expect to be able to have peace and quiet after 10 p.m. Requests for bonfires will typically be late evening affairs that will go until midnight or later, if allowed. 2. Damage to Park- None of our parks are set up to accommodate bonfires. The only place we've allowed them is on the swimming beach or on the frozen lakes in mid winter. They must be closely monitored as they can easily cause damage to the turf, trees, etc., if not controlled. 3. Cost to the City - There are direct costs to the City for each bonfire approved. The limited notices the City provides to adjacent neighbors is $15.00 in postage alone. The supervisor 1 required to monitor the fire and noise level is $10/hour (minimum fee of$25). The cost to send a cleanup crew to the site the next day is a minimum of$25. RECOMMENDATION: 1. City staff recommend the City Council adopt a policy that would limit all bonfires in any parks to programs sponsored by the School District or the City of Eden Prairie. Staff would further recommend that the group requesting the permit pay for the cost of conducting such an event. Recommend a Permit Fee of $75 to cover the following costs: a. Notification to neighbors (the City sends letters to all the people living on Luther Way, Carnelian Lane, Round Lake Round and Hames Way whose property abuts the park and they may either hear or see activity after 10:00 p.m. in the park). b. The applicant will be required to pay the City to cover the cost of the City crews coming in with equipment to cleanup after the fire on the beach the following day. A park attendance will be required to monitor any open fire and cannot leave the park until the fire is completely cold. c. The use of amplified music after 10:00 p.m. in a park must be monitored by a park attendant and the sound will be limited to a decibel level of no more than 90 decibels 100 feet from the source. The cost for the park attendant is $10 per hour, with a minimum fee of $25. 2. The applicant will be required to provide firewood for any bonfire. The wood must be limited to non-processed wood, such as logs, limbs or branches. Boards or other wood material that has been treated such as railroad ties, etc. will not be acceptable material for any fire in a park. 3. The applicant for any such permit will also be required to obtain a burning permit from the Fire Marshall, and must meet any requests of the Fire Marshall's office. 4. The only approved location for a bonfire within the City park system at this time is the swimming beach at Round Lake. Other locations may be approved at sometime in the future; however, permits for the Round Lake site will only be considered between the dates of Labor Day and March 31 (bonfires may also be considered on frozen lakes between December 15 and February 15). City staff requests approval of this proposed policy and the permit fee to cover the previously mentioned costs of notification, cleanup and monitoring the fire. BL:mdd bonfire/Bob60 2 August 7, 1994 Mr. Bob Lambert Director of Parks Recreation and Natural Resources 808 Mitchel Road Eden Prairie, MN 55344 Dear Mr. Lambert, I am a member of the EP High School PTO Board and Chairperson for the second annual Eden Prairie High School PTO Parent/Staff party. The goal of the Parent/Staff Party is to provide a social environment within the community of Eden Prairie for parents and staff of the EP High School to gather and become acquainted with one and other. The committee this year is requesting from the Parks Department the approval to hold a bonfire on the beach of Round Lake Park. We are planning this event to be held after a football game on either Friday Sept 23 or Friday Oct. 14. Times would be about 10:00 PM until approximately 12:30 AM. Although, we request to be in the park from • 8:00 to set up. We are investigating the possibility of having an EP service organization provide beer and wine during the event. This gathering is only for parents and staff of EP High School. We are also planning on hiring a DJ with music from the 60's. We will be serving chili, hot cider and coffee. We understand a request to have a bonfire is an exception and thank the Board in advance of their serious consideration for our request. Please respond to me with the Boards decision and any stipulations they might require. The committee can assure the Boards that we will abide by all city, park board and fire department requirements if granted this exception. Thank you again for your time in presenting this request to the Boards. The EPHS PTO and administration feels an event that encourages parents and school staff to get together is a very important step towards improved communication and working together with our community. Sincerely, CIJO Barb Wutz 934-9136 -3 � Er2calm" DATE. CITY COUNCIL AGENDA pram SECTION: Consent Calendar 8/11/94 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Resolution Appointing Election Judges IV.M. Background: Primary Election - September 13, 1994 • Action/Direction: Approve resolution appointing election judges. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges and are appointed for the Primary Election to be held on September 13, 1994. Ella Adams Genevieve Gibson Lydia Martinson Fern Anderson Robert Gibson Kathleen Millberg Nancy Autio Dorothy Gilk Ruth Mital Kent Barker Juliet Gleason Maxine Moran Leone Barta Rhoda Haas Joyce Myhre Bernadine Beauvais Gerald Haas Marion Nesbitt Ella Bergstrom Ann Hagen Kathlyn Nicholson Cheryl Bridge Richard Hammond Philip Olson Doris Brown June Hanson Nancy Ostroot Richard Brown Russell Hanson William Patrek Dolores Brown Anne Hawkins James Rannow Shirley Carlon Becky Heald Dawn Rischmiller Kathleen Childs Susan Hedberg Muriel Rosetter Mildred Clark Carol Hegge Catherine Rue Willard Daluge Gloria Hermann Bernice Sandness Agnes Daluge Bernice Holasek Betty Schaitberger Willard Daluge Arlene Howden Marilyn Schmidt Marjorie Davis Glen Isensee Alice Schultz Louise Doughty Lois Jedlicka William Schwartz Rosalee Dwyer Shirley Jellison Carole Sheridan Francis Dye Daniel Johnson Nancy Thompson Ruth Ehlen Lyle Johnston Mary Upton Doris Erickson Pauline Johnston Barbara Vanderploeg Catherine Field Delores Klein Marie Wittenberg. Dorothy Fifield David Knaak Ethyl Wokasch Nancy Fiorentino Norma Knutson Jo Ann Wronski Cheryl Frisvold Sharon Lane Ann Yonamine Virginia Gartner Nancy Little Zona Zaltz Beverly Lovas ADOPTED BY the Eden Prairie City Council on this 16th day of August 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk 1-ifn PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, our governments, both locally and nationally, commit themselves to protect the quality of life of our citizens; and WHEREAS, it is essential that our community positively address the causes which lead to drug use, gang activity, violence, and vandalism in the 1990's; and WHEREAS, many young people of Eden Prairie are in many ways like their peers across the nation, standing at a crossroad in their lives, confronted by critical decisions that will affect their future and ours. The young people of Eden Prairie look to adults to be positive role-models who will help them make the right decisions; and WHEREAS, our youth are continuously faced with complicated challenges that will likely affect the rest of their lives; and WHEREAS, statistics show that drug abuse and pregnancy among the youth of America is the highest anywhere in the developed would, and crimes committed by youths under age 14 is increasing by 25 percent; and WHEREAS, Precision Tune Automotive, Inc. is demonstrating its ongoing support of our youth by sponsoring events to curb youth crime and violence; NOW, THEREFORE., I, Douglas B. Tenpas, as Mayor and on behalf of the City Council, do hereby proclaim September 1994 as STOP THE VIOLENCE AND SAVE OUR KIDS MONTH Proclaimed this 16th day of August, 1994 Douglas B. Tenpas, Mayor EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/10/94 Parks, Recreation and Natural Resources Commission ITEM NO. IV.0 SECTION: Consent Calendar DEPARTMENT• ITEM DESCRIPTION: Change Orders for Contract at Riley Lake Park PRNR Barbara Penning Cross RECOMMENDATION: 1. Park, Recreation and Natural Resources Staff recommend approval of a Change Order for a time extension from August 6, 1994 to August 27, 1994 for the Contract with S.M. Hentges at Riley Lake Park. 2. Park, Recreation and Natural Resources Staff also recommend approving a Change Order for the professional services contract with RCM in the amount of$2,845 for additional engineering services at Riley Lake Park. BACKGROUND: Riley Lake Park was originally part of the 1992 bond referendum. The Contract to begin construction was delayed until 1994 for Bearpath to realign Riley Lake Road and to install utilities to serve the park. Completion of Riley Lake Road was essential to remove traffic from the park for demolition of the existing road. Reasons for considering a time extension for the S. M. Hentges and Sons Contract to construct Riley Lake Park are: 1. Above normal precipitation losing two weeks out of the first five on the job for rain delay. 2. A redesign and relocation of the parking lot due to poor soils. 3. Riley Lake Road was not completed until four weeks after the initial June 15, 1994 deadline as stated by Bearpath. 4. Additional time for drying out the parking lot subgrade. All of these items combined make a three week time extension reasonable. Staff will work with the Contractor to seed areas as they are final graded. The Change Order for RCM is due for a 30 foot deep pocket of peaty muck discovered during construction of the parking lot area. Discussion with RCM, the Soils Engineer and the City resulted in redesigned the parking lot configuration to avoid the soils. This accounts for the 50 additional hours of labor in the Contract. BPC:mdd Rchange/Barb 1 August 5, 1994 Ms. Barbara Cross Landscape Architect City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Riley Lake Park Improvements Eden Prairie, Minnesota RCM Project No. 10240.02 Change Order for Additional Services Related to Main Parking Lot Revisions Dear Barb: rieke carroll muller We are requesting additional payment beyond our original contract amount for the associates,inc. above referenced project. The enclosed invoice indicates the hours spent in the engineers architects redesign of the main parking lot area after poor soils were encountered within the land surveyors limits of the original parking lot design. The total fee for additional engineering equal opportunity services for this work is $2,845.00. employer If this Change Order is approved please indicate so in the area below, and return a copy of this letter to me. Sincerely, -271e a,, £4. - Mark C. Anderson, P.E. RIEKE CARROLL MULLER ASSOCIATES,INC. Approval: City of Eden Prairie 10901 red circle drive box 130 minnetonka, minnesota 55343 612-935-6901 fax 612-935-8814 Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT P.O. BOX 130 P.O. BOX 776 P.O.BOX 51 15 5th STREET N.E. 211 1st AVE. N.W., SUITECO 11 MINNETONKA,MN 553431:1 GAYLORD, MN 55334 ST.CLOUD, MN 56301 GRAND RAPIDS, MN•55744 0 FARIBAULT, MN 55021 AUGUST 8, 1994 INVOICE NO. 10319 PROJECT NO. 10240.02 CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD - SUITE 200E EDEN PRAIRIE, MN 55344-2230 ATTN: BARBARA PENNING CROSS FOR: RILEY LAKE PARK CONSTRUCTION EXTRA SERVICES PROFESSIONAL SERVICES FROM JUNE 26, 1994 TO JULY 30, 1994 PROFESSIONAL PERSONNEL HOURS RATE AMOUNT CIVIL ENGINEER 35. 0 60. 00 2, 100. 00 SR FIELD REP 2. 0 55. 00 110. 00 DRAFTSPERSON ` � Q �" 35. 00 315. 00 2-MAN SURV CREW 4 0 80. 00 320. 00 TOTALS 2,845. 00 TOTAL LABOR 2,845. 00 TOTAL THIS INVOICE S 2,845. 00 I declare under the penalties of law that this account, claim or demand is just and ec nd no part it h been paid. X SIGNA RE OF CLAIMANT —3- • • CHANGE ORDER (Instructions on reverse side) No. 1 PROJECT Miley Lake Park DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Eden Prairie OWNER's Contract No. .30.02 CONTRACTOR S.M..Hentges&..Sans..Inc. ENGINEER Riag.CAMili. .;t ler AOP.Ces Inc, You are directed to make the following changes in the Contract Documents. Description: Extend Substantial Completion date 21 days to August 27, 1994. Reason for Change Order: See attached letter. Attachments: (List documents supporting change) Letter to S.M. Hentges, dated August 5, 1994. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: August 6, 1994 $ N/A Ready for final payment: June 15, 1995 days or dates Net changes from previous Change Orders No._to No._ Net change from previous Change Orders No._to No. $ N/A N/A days Contract Price prior to this Change Order Contract Times prior to this Change Order Substantial Completion: N/A $ N/A Ready for final payment: N/A nays or dates Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $ N/A 21 days days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: August 27, 1994 $ N/A Ready for final payment: June 15, 1995 days or dates RECOMMENDED: APPROVED: ACCEPTED: By: �ne r(Authorized Signature) By: Owner(Authorized Signature) By: Contractor(Authorized Signature) Date: eYS 1 Y Date: Date: EJCDC No. 1910-8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. '7`'^ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: PUBLIC HEARINGS ITEM NO. 3r, A . DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger PURGATORY CREEK ESTATES Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt a Resolution for Comprehensive Guide Plan Amendment from Open Space to Low Density Residential on approximately 2 acres; • Approve 1st Reading of an Ordinance for Rezoning from Rural to R1-13.5 on 4.93 acres. • Adopt a Resolution for Preliminary Plat on 4.98 acres into 7 single family lots and 1 outlot. The effect of the Council action would permit the development of 7 single family lots, zoned R1-13.5. This project was reviewed by the Planning Commission at the March 14, 1994 meeting. The Planning Commission recommended that the project be denied because of wetland impacts. This project was reviewed at the March 21st Park Recreation and Natural Resources Committee Meeting. The Commission voted unanimously to recommend denial of the project because of the wetland impacts. BACKGROUND: As of August 10, 1994, the Watershed District has not received any new information from Post Construction on the existing wetland on the property or wetland mitigation sites. Post Construction has not returned any of the Staff phone calls regarding the status of the project. The 120 day review period for preliminary plat expires at Tuesday's Council Meeting. Unless Post Brothers provides a written request for continuance, the Council should take action on the project. Supporting Reports: 1. Cover sheet from 7-19-94 2. Resolution for Comprehensive Guide Plan Change 3. Resolution for Preliminary Plat 4. Planning Commission Minutes of March 14, 1994 5. City Council Minutes from 6-21-94, 6-14-94, and 4-5-94 6. Staff Report dated March 11, 1994 7. Supplemental Staff Report dated March 16, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 7-19-94 SECTION: PUBLIC HEARINGS ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger PURGATORY CREEK ESTATES Mike Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt a Resolution for Comprehensive Guide Plan Amendment from Open Space to Low Density Residential on approximately 2 acres; • Approve 1st Reading of an Ordinance for Rezoning from Rural to R1-13.5 on 4.93 acres. • Adopt a Resolution for Preliminary Plat on 4.98 acres into 7 single family lots and 1 outlot. The effect of the Council action would permit the development of 7 single family lots, zoned R1-13.5. This project was reviewed by the Planning Commission at the March 14, 1994 meeting. The Planning Commission recommended that the project be denied because of wetland impacts. This project was reviewed at the March 21st Park Recreation and Natural Resources Committee Meeting. The Commission voted unanimously to recommend denial of the project because of the wetland impacts. BACKGROUND: At the last City Council Meeting, the City Council asked Staff to look at lot sizes and densities of projects within the surrounding area. The following is the Staff analysis. SUBDIVISION ACRES #OF LOTS GROSS NET DENSITY AVERAGE AVERAGE DENSITY LOT SIZE CREEK LOT SIZE Meadow Park 3rd 1984 31.5 24 1.09 2.1 17,300 NA Creekwood 1973 26.2 54 2.06 2.5 14,000 14,000 Welters 1986 51.7 96 1.86 2.0 19,920 22,000 Creekview 1994 3.46 7 2.2 2.4 17,870 19,400 Welters 6th 1989 11. 6 .64 1.31 62,000 NA Purgatory Acres 1994 4.9 7 1.47 2.59 15,270 17,330 1.55 2.15 24,370 18,200 (average) (average) (average) (average) - A. - • The net density of the Purgatory Acres project is 2.59 units per acre which is higher than the other projects at 2.15 units per acre. • The average lot size of the Purgatory Acres project at 15,270 sq. ft. is less than the average lot size for surrounding projects at 24,370 sq. ft. • The average creek lot size in the Purgatory Acres project at 17,330 sq. ft. is less than the average lot size of 18,200 sq. ft. for other projects in the area. • The Creekview project was approved in 1973 prior to the adoption of the Shoreland Ordinance and the Purgatory Creek Master Plan. • The average lot size in the Welter's Sixth Addition project includes wetlands as part of the lots. The average net buildable area is 26,670 sq. ft. • The Purgatory Acres project has three lots encroaching into the Conservancy Area with grading and house pad. Welter's (1986) did not have any encroachment into the Conservancy Area with home or grading. Creekview (1994) has an existing house within the Conservancy Area that is being relocated outside of the Conservancy Area. The Conservancy Area would be reforested. The Welter's Sixth Addition had part of a lot and road right-of-way within the Conservancy Area. This was offset by the dedication of approximately 16,000 sq. ft. of land to the City. Supporting Reports: 1. Staff Report dated March 11, 1994 2. Planning Commission Minutes of March 14, 1994 3. Resolution for Comprehensive Guide Plan Change 4. Resolution for Preliminary Plat 5. Council Summary Report April 5, 1994 ' - 3 PURGATORY CREEK ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING '1'I1J PRELIMINARY PLAT OF PURGATORY CREEK ESTATES FOR POST CONSTRUCTION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Purgatory Creek Estates for Post Construction dated June 9, 1994, consisting of 4.98 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 16th day of August, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Ir. A. - �I PURGATORY CREEK ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Purgatory Creek Estates by Post Construction requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 2 acres from Open Space to Low Density Residential all located at 12381 Sunnybrook Road. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August, 1994. Douglas B. Tenpas, Mayor A'I hST: John D. Frane, City Clerk v. A. -5- City Council Minutes 3 June 21, 1994 B. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres, Zoning District Change from Rural to R1-13.5 on 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. (Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential, Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued Item from 4/5/94, 4/19/94, 5/3/94, 5/17/94, and 6/14/94 Jullie said that, since last week's meeting, the proponent has identified an area for the wetland mitigation. Councilmembers expressed their concerns regarding the project. Specifically, it was pointed out that the City had not allowed any filling of wetlands in the residential area of Purgatory Creek since the 1975 study was completed and this action might set a precedent to reverse that; the Wetlands Preservation Act requires cities to look at whether the wetland fill can be avoided, and it could be in this case if the project were reduced to five lots; the Watershed District should be the one to determine whether the fill is allowed and where the mitigation area should be located; the seven-lot project is too dense for the small available space, and the proponent was asked specifically to look at five or, at most, six lots; the project does not appear to fit in with the surrounding neighborhood; and, the City needed some procedures in place for handling the wetlands mitigation issues in response to the recent Wetlands Preservation Act. Ron Peterson, environmental consultant for Post Construction, said it is important to get the Watershed District involved. Post Construction has been exploring the possibility of shaving the fill along the sewer line easement to restore the original contours and reestablish wetland material along that area. Councilmembers questioned the location of the conservancy line and the wetlands line. Peterson showed the location of both lines, noting that the conservancy follows the wetlands line to some extent. Councilmembers asked what is proposed to be built across the street from this project. Enger said Staff has not received a proposal; however, they expect it will come in with 1/3 to 1/2 acre lots on the 5-10 acres available on that site. Barry Post, proponent, said they looked at five and six lot plans; however they could not find an acceptable plan for either number. Knaebele said they showed a six-lot plan to the Planning Commission; however, that also required some variances and a small amount of wetlands fill. Enger said the project would have to get to five lots in order not to have variances or fill. MOTION: Pidcock moved, seconded by Harris, to continue the discussion to an open item on the agenda to allow proponent time to confer with Staff. Motion carried unanimously. The Council then readdressed Item V. B. B. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres, Zoning District Change from Rural to R1-13.5 on 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. (Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential, Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued Item from 4/5/94, 4/19/94, 5/3/94, 5/17/94, and 6/14/94 Peterson asked the Council to table the decision so that proponent, with the assistance of City Staff, can get further input from the Watershed District on the issues of what will be regulated and what will not be regulated, and if the area actually is a wetlands area. MOTION: Pidcock moved, seconded by Harris, to table the discussion to July 5th to give proponent time to gather additional information. Motion carried unanimously. A. - 6 City Council Minutes 3 June 14, 1994 B. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres, Zoning District Change from Rural to R1-13.5 on 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. (Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential, Ordinance for Zoning District • Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Continued Item from 4-5-94, 4-19-94, 5-3-94, and 5-17-94 Enger said the Planning Commission and the Parks, Recreation & Natural Resources Commission had recommended denial of the project due to its wetland impact and, at the April 5 meeting, Councilmembers identified a number of other areas for further review by staff and the proponent. He said proponent has returned to the Council with the original proposal and with an alternative in which the wetland impact is reduced from .31 acres to .16 acres but with several variances required. He said Staff believes that the visual difference would not be significant in the total 2-acre wetland area along Purgatory Creek and that they prefer the original proposal without variances. Barry Post, Post Construction, and Peter Knaebele, project engineer, reviewed the proposal. Ron Peterson, wetlands consultant, said they are negotiating on a number of•sites for the wetlands mitigation that is required; however, the Corps of Engineers will have to approve the mitigation. Scott Wallace, 12465 Sunnybrook Road, thought the real issue is who will monitor the mitigation of the wetlands. Gerard Wersal, 12645 Sunnybrook Road, said five homes would be a reasonable use of the property, then no fill would be required. He said the proponent has not demonstrated a need for filling the wetlands except for financial reasons. Lovene Russell, 12101 Sunnybrook Road, said one of the proposed mitigation sites is behind her garden area and no one has been able to assure her that there would not be any drainage problems on her property as the result of mitigation there. Councilmembers asked for clarification about the role of the Watershed District in approving the wetlands mitigation and the timing requirements for approving or denying the Preliminary Plat. Dietz said the Watershed District is the LGU; however, he believed that the Council's direction on the matter would have an influence on the Watershed District. Pauly said the Watershed District could consider the application prior to Preliminary Plat approval, and continuing the action on the Preliminary Plat more than 120 days requires the agreement of the developer. Councilmembers expressed concern about the extended length of time this proposal has been under consideration, the proponent's not returning with a compromise as the council requested, and how the wetland rules have different effects in urban versus rural situations. Due to the lack of the required four-vote majority, the Council asked Post Construction to agree to continue the hearing to June 21st. Post Construction agreed. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and continue the item to the June 21st meeting. Motion carried unanimously. -jr. A. - 7 5 April 5, 1994 City Council Minutes E. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres, Zoning District Change from Rural to R1-13.5 on 4.93 acres and Preliminary Plat on 4.93 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. (Resolution for Comprehensive Guide Plan Change from Open Space to Low Density Residential, Ordinance for Zoning District Change from Rural to R1-13.5 and Resolution for Preliminary Plat) Peter Knaeble, project engineer, reviewed the project. Franzen said the Planning Commission recommended denial at their March 14th meeting,primarily because of concerns regarding wetlands encroachment and the density of the project. Lambert said the Parks Commission reviewed the project on March 21st and also recommended denial of the project due to concern that there was no reason to fill in the wetlands except to get more developable land and concern about locating the NURP pond in the floodplain. He noted that the developer was not present at the meeting. Lambert said proponent asked to bring the project back to the April 4th meeting of the Parks Commission; however, there was no quorum for the meeting so it was cancelled. Scott Wallace, 12465 Sunnybrook Road, distributed a letter outlining his concerns about the project. Claire Hilgeman, 17493 Rustic Hills, Libby Hargrove, 12640 Sunnybrook Road, Lee Smith, 12500 Sunnybrook Road, Cindy and Gerard Wersal, 12645 Sunnybrook Road, and Lovene Russell, 12101 Sunnybrook Road, expressed their concerns about the project, including the impact on the wetlands on their properties, the potential for the mitigation areas to cause flooding on their properties, a five-foot wide sidewalk that was not on the plans, the minimal extent of the road improvements planned by the developer, the fill which had been deposited on the property several years ago, more time for the developer to work with the neighborhood and revise the plans to address some of their concerns. Regarding the fill, Dietz said they have contacted the developer several times about removing the fill; however, Staff has not brought in legal staff to prosecute the matter. Barry Post, property owner, said they have put silt fencing around the fill which was intended to be used to fill in a barn foundation on the property. Regarding the road improvements proposed, Gray said Staff looked at the road issue and decided to avoid doing a Feasibility Study with a compromise whereby the developer would bear the full cost of the road improvements for developing a little over half of the frontage on Sunnybrook. He said this means that the other property owners will not be involved in the costs. Councilmembers expressed concern about the sidewalk, paving the rest of Sunnybrook Road to the west, the sewer and water utilities, locating the NURP pond in the floodplain, the developer not attending the Parks Commission meeting, the location of the wetlands mitigation, and the apparent piecemealing of development in this area. Schneider said the plan was revised to include a sidewalk up to the point where the existing street is coming in. Gray said that another project will probably complete the paving of Sunnybrook Road, at which time there would be assessments imposed and the sewer and water utilities would be extended; however, at this time there are no plans for additional development in the area. He also said there are many instances of NURP ponds within the wetland areas along Purgatory Creek, and the Watershed City Council Minutes 6 April 5, 1994 District review indicated that the impact of the project on the water level would be considerably less than six inches. Regarding the mitigation area, Jerry Carroll, project attorney, noted that it is,not possible to locate the mitigation area on this particular site and that the mitigation area has not yet been finalized. MOTION: Jessen moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. Councilmembers discussed the benefits of redesigning the project to a lower density in order to avoid filling the wetland areas and reducing the costs of the road and utility improvements for the developer by the City assuming some of the costs as a public improvement. MOTION: Jessen moved, seconded by Harris, to reconsider the motion to close the Public Hearing. Motion carried unanimously. RECONSIDERED VOTE ON THE MOTION TO CLOSE THE PUBLIC FEARING: Motion failed unanimously. MOTION: Pidcock moved, seconded by Harris, to continue the Public Hearing to the April 19th meeting. Motion carried unanimously. PLANNING COMMISS 7 March 14, 1994 D. PURGATORY CREEK ESTATES by Post Construction. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres,Zoning District Change from Rural to R1-13.5 on 2 acres and Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot. Location: 12381 Sunnybrook Road. Barry Post,property owner,and Peter Knaeble,project engineer,reviewed the proposal. Knaeble said the project meets the requirements of the shoreland ordinances,has an 11% tree loss and they have reduced the proposed wetland fill to.3 acre. There is a 50-foot sanitary sewer easement on part of the property. Schlampp said he was concerned that we have already disturbed the wetlands with the sewer and now we are going to disturb it again. He said he does not like to fill wetlands. Uram said this issue is the primary one for discussion on this project; however, Staff believes that the project is reasonable and they have agreed to mitigate the wetland fill. Uram said another issue is the conservancy area which is encroached in one section. As a trade-off,Posts are giving Outlot A to the City for preservation. Lovene Russell, 12101 Sunnybrook Road,said she disapproves of filling in wetlands and that wetlands should be preserved. Scott Wallace, 12465 Sunnybrook Road,said this project will run into an area that is in a 100-year floodplain. He said the mitigation proposed is not in the same area,'but is on the other side of Homeward Hills. He noted that the project will block the neighbors' view of the conservancy area. Lee Smith, 12500 Sunnybrook Road, asked who will monitor the development and how closely it will be monitored. She was concerned about the amount of fill as it seems to keep changing. She noted that the proposed Lot 4 is on the sewer easement. A discussion followed regarding the sewer system connections in the area. Smith said there were 90 loads of fill hauled in to the project in 1991 in violation of code that has not been removed despite the City's request to remove it. She said the land is used to stockpile construction garbage which is occasionally burned as "recreational" fires and there is a general disregard for ordinances and laws by the residents and owner of the property. Bob Classe, 12491 Sunnybrook Road,said he has concerns regarding possible water problems and problems with his septic system as a result of this project. Gerard Wersal, 12645 Sunnybrook,showed a picture of the fill that had not been removed. He said there is no similar cluster of homes along Sunnybrook and there have been no variances regarding the wetlands. He said the Metropolitan Council has recommended denial of the project and he thought the project should be redesigned so that there is no need for encroachment on the wetlands. Libby Hargrove, 12640 Sunnybrook Road,said this will increase the parking problems that now exist on Sunnybrook Road as well as increasing the traffic on the road. She said the land is adjacent to a City park which has a very small parking facility. ,She said parking on the sides of this narrow dirt road presents a traffic hazard for the residents. Dean Longsyo,9448 Creekwood, said he owns the lot to the west of the project. He said the density of the project seems high,and he was concerned that there are no elevation drawings to see how it would affect his lot. He said he is also concerned about filling wetlands and about the sewer system. 7�. A. - 10 PLANNING COMMISSION 8 March 14, 1994 At the request of Sandstad,Uram reviewed the regulations regarding wetland mitigation. He said mitigation is required for two times what they are filling and it must be done somewhere within the Watershed District. He said the approval process for projects involving mitigation is quite lengthy and there is ample time for public input. Knaeble noted that this project should not cause any more parking on Homewoard Hills Road and that the seven-lot project will be an improvement over the current rental property. He said the homes will be built by a first-class builder and that the entire development will be monitored by several governmental bodies because of the wetland issue. MOTION: Bauer moved,seconded by Kardell,to close the public hearing. Motion carried 6-0-0. Schlampp noted that,while he is opposed to filling wetlands,there are laws that say this is a possibility if it is done correctly and that the proponents are operating within the water conservation act. Wissner said she was concerned about where we stand if the homes are approved and then the homes develop water problems. She said she thought a couple of the homes could be eliminated to help keep problems from developing down the road. Kardell said she thought the homes would be an improvement over what exists there now. She said she was disturbed that the concerns of the neighbors have not been addressed; however, those are not necessarily related to this project. She was concerned about possible inaccuracies in the staff report regarding the sewer connections and said she would prefer to see a less dense project. MOTION: Bauer moved, seconded by Clinton,to continue the request of Post Construction to the March 28, 1994 meeting. At this point,the proponents requested that the project go forward to the City Council. Bauer withdrew his motion with the consent of Clinton. MOTION: Bauer moved,seconded by Wissner,to recommend to the City Council denial of the request of Post Construction for Zoning District Change from Rural to R1-13.5 on 2 acres based on plans dated March 11, 1994,and subject to the recommendations of the Staff Report dated March 11, 1994. Motion carried 5-1-0 with Schlampp opposed. MOTION: Bauer moved, seconded by Wissner, to recommend to the to the City Council denial of the request of Post Construction for Preliminary Plat on 4.98 acres for 7 single family lots and 1 outlot based on plans dated March 11, 1994.,and subject to the recommendations of the Staff Report dated March 11, 1994. Motion carried 5-1-0 with Schlampp opposed. er , Q . - I ' ' STAFF REPORT TO: Planning Commission THROUGH: Chris Enger, Director of Community Development FROM: Michael D. Franzen, Senior Planner DATE: March 11, 1994 SUBJECT: Purgatory Creek Estates APPLICANT/ FEE OWNER: Brian and Barry Post LOCATION: 12381 Sunnybrook Road REQUEST: 1. Comprehensive Guide Plan Change from Open Space to Low Density Residential on 2 acres. 2. Rezoning from Rural to R1-13.5 on approximately 2 acres. 3. Preliminary Plat of 4.98 acres into 7 single family lots and 1 outlot: 1 "SCA . - ►2- 1 t 1 L [ 1 -• . A:I ' . .�L �� - . 1101111 Sr - ,Er VAS 1111111p0 .:,...:'::: ........ . .................... "ri k I •.. • .•.•.••• • •.•.•.•. .... ............. :••:•:.:•:•:.•..:•:•:••••:•:•:•:•:•:•.•.•..... ........... .......... ........................ -, . , _ `41' Ira •:•:•:••:•:•:•:•:•.•••••... ..:................. • -.. 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The Open Space designation is currently on a portion of proposed lots 4, 5, 6 and 7, Block 1 and Outlot A. The Park and Recreation Department does not have plans for purchasing the property, since existing Park boundaries are defined. The Guide Plan should be changed to allow the property to develop. PRELIMINARY PLAT The preliminary plat depicts the subdivision of 4.9 acres into 7 single family lots and 1 outlot. All of the lots meet the minimum requirements of the R1-13.5 zoning district. SHORELAND ORDINANCE Since this land is within 300 feet of the center line of Purgatory Creek, provisions of the Shoreland Management apply. Lots 3, 4 and 5 are abutting lots since they are within'100 feet of the center line of the creek. The Shoreland Ordinance requires a minimum lot size of 13,500 square feet, a 100 foot setback from the creek, and a 120 foot lot width at the rear building line. All of these lots meet the minimum requirements of the Shoreland ordinance. GRADING IMPACTS Grading will impact trees and an existing wetland area. There are 853 caliper inches of trees on site. Tree loss is calculated at 98 caliper inches or 11%. This compares favorably with the City's goal of keeping tree loss to less than 30%. Tree replacement required is 14 caliper inches. Gradingwillplace fill in the flood plain. This issubject Watershed District 1000year aln. h s s ec to at c PJ approval. Allowable fill is 2240 cubic yards. The proposed fill is 1560 cubic yards. The lowest walkout floor elevation at 814.3 meets the required 2 foot above the 812.3 flood elevation. Grading will also impact an existing wetland. Approximately .4 acres is proposed to be filled on Lots 3, 4, and 5. Mitigation is not proposed on this site. The Developer is proposing to acquire land within the Watershed to create a wetland mitigation site. The Wetlands Preservation Act requires that the City first look at whether or not the wetland fill can be avoided. Wetland fill could be avoided by dropping two lots from the project and shifting the cul-de-sac and the remaining lots further to the north out of the wetland area. This will 2 11-A• - (y Staff Report Purgatory Creek Estates March 14, 1994 result in a density of approximately 1 unit per gross acre. This compares with the average R1- 13.5 density in environmentally sensitive areas of 1.75 units per acre. The density of this project is 1.47 units per acre. Part of this wetland was previously disturbed with the construction of the Metro Waste Control sewer. Staff believes that the wetland fill is reasonable based upon the following factors: 1. Low density of the site at 1.47 units per acre. 2. Low tree loss at 11%. 3. Wetland mitigation provided off-site, but within the Watershed. 4. The disturbed wetland area is bounded by a sanitary sewer easement.on the south. No land closer to the creek is being disturbed. 5. Approximately 2 acres of land (Outlot A) would be gifted to the City. UTILITIES City sewer and water is available by connection to existing facilities on Sunnybrook Road. The Developer will extend a full width of the road to Carmel Court. Sunnybrook Road to the west would be constructed to City standards when adjoining property is developed in the future. Storm water runoff is proposed to drain from the cul-de-sac into a NURP pond before discharge into Purgatory Creek. SIDEWALKS A five foot wide concrete sidewalk is required to be built along the south side of Sunnybrook Road. The plans should be revised accordingly. CONSERVANCY AREA PURGATORY CREEK In 1975 Purgatory Creek Open Space plan depicted a Conservancy Area across lots 3, 4, and 5. The Conservancy Area is described as a "no-build zone". For the most part, Eden Prairie has prohibited development from occurring within the Conservancy Area of a creek, but has on 3 -3r. A . - t� Staff Report Purgatory Creek Estates March 14, 1994 occasion modified the conservancy area line when there are good reasons to do so. In the Bluestem Hills and Village Knolls projects the City approved trading better land outside the Conservancy Area for land inside the Conservancy Area. This project does not have excess land to trade, but City ownership of the Conservancy Area could be a mitigating reason. CONCLUSION Since the Park and Recreation Department is not recommending a purchase of the property for Park purposes, the Comprehensive Guide Plan should be modified to Low Density Residential. Since the project meets City codes, the decision to approve, or not approve, rests on if it is a reasonable use of the property. This will depend on your opinion of the site impacts. Staff believes the low density plan with minimal tree impact and some wetland encroachment is a reasonable use of the property. Wetland mitigation is provided off-site in accordance with the Wetland Preservation Act. The gift of Outlot A to the City, is a mitigating measure for encroachment into the Conservancy Area of Purgatory Creek. STAFF RECOMMENDATION The Staff presents the Planning Commission with the following alternatives: I. If the Planning Commission believes that the project is in compliance with City Code and represents a reasonable use of the property, with minimal impacts on site features, then one option would be to recommend approval of the Comprehensive Guide Plan Change, Rezoning and Preliminary Plat based on plans dated March 11, 1994, based upon the Staff Report dated March 11, 1994, and subject to the following conditions: 1. Prior to City Council review, the proponent shall: A. Submit a tree replacement plan for 14 caliper inches. 2. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. 4 �. A . - I' Staff Report Purgatory Creek Estates March 14, 1994 3. Prior to building permit issuance, the proponent shall: A. Pay the appropriate cash park fee. 4. Prior to grading permit issuance, proponent shall: A. Apply for and receive permits allowing wetland encroachments from the Riley-Purgatory Watershed District and the U.S. Army Corps of Engineer. Submit copies of the permits to the City for review. B. Stake the proposed construction limits with the snow fence. Notify the City and Watershed District a minimum of 48 hours in advance of grading so that erosion and construction limits may be field verified. II. If the Planning Commission believes that the development of the property has a significant impact on the site's natural features, then one option would be to continue the item and direct the proponent to revise the development plan to reduce or eliminate the wetland fill. 5 : A. - 17 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation & Natural Resources j FROM: Barbara Penning Cross, Landscape Architect", 1 DATE: March 16, 1994 SUBJECT: Supplemental Staff Report to March 11, 1994 Community Development Staff report for Purgatory Creek Estates RECOMMENDATION: The park, recreation and natural resources staff recommend approval of this project based on this supplemental memo and the Community Development memo dated March 11, 1994. OVERVIEW: This project abuts the west side of Creekwood Park, which was built by the City in 1980. • The project meets all minimum requirements of the Shoreland Ordinance. • Tree loss is 11%, which is well below the goal of keeping tree loss to 30%. • A five foot concrete sidewalk is being extended along Sunnybrook Road the entire length of the property. • The Developer is dedicating Outlot A (approximately 2 acres) to the City. • The density of the project with 7 units is 1.45 units per acre. This is lower than the average development with a density of 1.75 units per acre in environmentally sensitive areas. • This project does not require any variances. ISSUES: This plan will impact an existing wetland area. Fill is proposed within the 100 year floodplain of the Purgatory Creek. The Watershed District regulates fill in these areas for flood storage when water levels are high. The fill is within the parameters set by the Watershed District. Approximately .4 acres of the wetland is proposed to be filled with this development. Mitigation is being proposed as per the current regulations. Off site locations are being explored for mitigation, which follows the standards as long as the mitigation areas are within the same watershed as the fill. The City has allowed fill in wetlands as long as the project has been approved by the Watershed District, which is the regulating authority for the Wetland Preservation Act. BPC:mdd I. A. - [S EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8/16/94 SECTION: PUBLIC HEARINGS ITEM NO. 3r. 8 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger SIGN CODE DISCUSSION Jean Johnson Requested Council Action: Approve first reading of the ordinance if the Council wishes to amend the Sign Code related to on-site and off-site development/directional signs. Supporting Reports: August draft of Sign Code Amendment July draft of Sign Code Amendment May 9, 1994 Planning Commission Minutes March 4, 1994 and June 16, 1994 memos from Roger Pauly CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11 .70 ENTITLED "SIGN PERMITS" , SUBDS. 2 AND 3 RESPECTIVELY, RELATING TO DEFINITIONS AND GENERAL PROVISIONS APPLICABLE TO ALL DISTRICTS; 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. 2 . is amended by adding a new item 9 , to read as follows : "9 . "Garage Sale Sign" - A sign which identifies a sale of household items . " Section 2 . City Code Section 11.70, Subd. 2 . is amended by adding new items 21 . and 22 . to read as follows : "21 . "Off-Site Directional Sign" - A sign erected for the purpose of directing traffic to a residential area. 22 . "Open House Sign" - A sign which identities a dwelling which is available for viewing by the public. " Section 3 . City Code Section 11 .70, Subd. 2 is amended by renumbering items 9-20 inclusive as items 10-21, and items 21-40 inclusive as items 24-43 . Section 4 , City Code Section 11 . 70, Subd. 3 , subparagraph J. is amended to read as follows : "J. Temporary project signs . 1 . For purposes of this item J. "project" is defined as land (a) encompassed within a plat or a Registered Land Survey approved by the Council within which two (2) or more dwellings are permitted in accordance with City Code, or (b) for which approval has been given by the Council of a Site Plan and Architectural Design pursuant to City Code Section 11 , 03, Subd. 6 within which two (2) or more dwellings are permitted in accordance with such approval . -Z .6,- z -1- Z0 'd £T L06Z8Z T 9 NOSN3O3d0 Alntid ONU1 £b: T T flHl b6-T T-Oflt, For purposes of this subparagraph J. no further or subsequent subdivision, platting, replatting, Registered Land Survey, or Site Plan and Architectural Design approval or filing relating to land encompassed within a project shall operate to create an additional project or projects within that land or any part thereof . 2 . Temporary signs may be erected within a project for the purpose of selling or leasing the dwellings contained therein provided: (a) A sign shall not exceed 32 square feet in area . (b) Not more than one (1) sign for a project may be erected. (c) All signs shall be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project . 3 . Temporary off-site directional signs may be erected for the purpose of selling or leasing the dwellings in a project in accordance with the following limitations: (a) Not more than the following number of signs may be erected for projects containing the following number of acres or dwelling units, whichever is greater: Number of Acres or Number Dwellings in a Project of (whichever is greater) Signs _ 1 10 2 11 - 20 4 21 - 40 6 41 or more 8 (b) Signs may be erected only from 10 : 00 p.m. Friday to 6 : 00 a.m. Monday. (c) Signs shall not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground. B. - 3 -2- £0 'd £T L06Z8Z T 9 NOS?J303d0 Alfltid ONti1 £t : T T f1Hl b6-T T-Oflti (d) Signs may be placed on land only with the land owner's permission. Signs may not be placed within or on a public right-of- way, sidewalk or trail, and shall not interfere with traffic visibility. (e) Only one (1) sign per project shall be installed upon a lot, Registered Land Survey tract, or parcel (described by metes and bounds) of land. (t) Each sign shall include the name and telephone number of the owner of the sign. (g) Signs may not be placed more than one (1) mile from the project . (h) Signs for annual metro-wide events, such as the Parade of Homes, may be used for the duration of the event . " Section 5 . City Code Section 11 . 70, Subd. 3 . K. is amended to read as follows : "K. Temporary Single Property Signs , 1 . For purposes of this subparagraph K. a "single property" is defined as (a) a single lot, Registered Land Survey tract or parcel (described by metes and bounds) of land with or without one or more buildings erected thereon or (b) an individual condominium. A lot, Registered Land Survey tract or parcel (described by metes and bounds) within a project as defined in subparagraph J. shall not constitute a single property with respect to the first sale of each building or condominium situated on the lot, Registered Land Survey tract or parcel, but shall be deemed a single property with respect to sales, after the first sale of each such building or condominium thereon. 2 . Temporary signs may be erected on a single property for the purpose of selling or leasing the single property on which it is situated, in accordance with the following limitations : (a) A sign shall not exceed (i) six (6) square feet for a single property (A) on which is situated a dwelling, (B) which is vacant and located within the One- Family Residential District or the Rural District, or (C) on which a structure or structures situated thereon are 90% or VO 'd £T LO6ZSZ T 9 NOSd3O3210 .t1f1Hd ONH1 bb: T T flH1 176-T T-nnv more, but less than 100%, occupied (as measured by floor area) , or (ii) 32 square feet for a single property (other than that described in (i) hereof) (A) on which a structure or structures situated thereon are less than 90% occupied (as measured by floor area) or (B) is vacant . (b) Not more than one sign for a single property may be erected. (c) A sign shall be removed within seven (7) days following the lease or sale of the single property. 3 . Temporary off-site directional signs may be erected for the purpose of selling or leasing a single property in accordance with the following limitations : (a) No more than two (2) off-site directional signs may be erected for the sale or lease of a single property. (b) Signs may be erected only from 10 :00 p.m. Friday to 6 : 00 a.m. Monday. (c) Signs shall not exceed six (6) square feet in size and shall not be higher than four (4) feet above the ground. (d) Signs may be placed on land only with the owner's permission. Signs may not be placed within a public right-of-way, sidewalk or trail, and shall not interfere with traffic visibility. (e) Only one sign for a single property may be installed upon a lot, Registered Land Survey tract, or parcel (as measured by metes and bounds) of land. (f) Each sign shall include the name and telephone number of the owner of the sign. (g) Signs may not be placed more than one (1) mile from the project . Section 6 . City Code Section 11 .7 0, Subd. 3 . Y. is amended to read as follows : "Y. Two (2) temporary directional garage sale signs, not to exceed six (6) square feet shall be allowed in a residential district one (1) day prior to the sale, ". B,` 't" -4- S0 'd £T t06Z8Z T 9 NOSN3O3ND Alntid ONO-1 bb: T T flH1 176-T T-011t; and shall be removed one (1) day after the sale, but in any event shall not exceed five (5) days . One (1) garage sale sign not to exceed six (6) square feet shall be allowed on the garage sale site. " Section 7 . 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 8 . 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 , 1994, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the . day of , 1994 . City Clerk Mayor PUBLISHED in the Eden Prairie News on the _ day of , 1994 . C-\wpS1\rap\ep\ord\sign.znn 90 'd £I L06Z8Z T 9 NOSN333210 A-1110d ONti1 Sb: T T nH1 b6-T T-Onti CITY OF EDEN PRAIRIE HEiNNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70 ENTITLED "SIGN PERMITS", SUBDS. 2 AND 3 RESPECTIVELY, RELATING TO DEFINITIONS AND GENERAL PROVISIONS APPLICABLE TO ALL DISTRICTS; 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. 2. is amended by adding a new item 9. to read as follows: "9. "Garage Sale Sign" - A sign which identifies a sale of household items." Section 2. City Code Section 11.70, Subd. 2. is amended by adding new items 21. and 22. to read as follows: "21. "Off-Site Directional Sign" - A sign erected for the purpose of directing traffic to a new residential area." "22. "Open House Sign" - A sign which identifies a residential dwelling which is available for viewing by the public." Section 3. City Code Section 11.70, Subd. 2. is amended by renumbering items 9-20 inclusive as items 10-21, and items 21-40 inclusive as items 24-43. Section 4. City Code Section 11.70, Subd. 3, item J. is amended to read as follows: "J. Temporary project signs. 1. For the purposes of this item J. "project" is defined as land on which eight (8) or more dwellings are situated. 2. Temporary off-site directional signs may be erected for the purpose of selling or leasing the dwellings in a project in accordance with the following limitations: (a) Not more than five (5) signs for each dwelling not leased or sold in the project, not to exceed 15 signs per prbject may be erected. �^ A 7 (b) Signs may be erected only from 10:00 p.m. Friday to 6:00 a.m. Monday. (c) Signs shall not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground. (d) Signs shall be placed outside of the right-of-way with the property owner's permission. Signs may not be placed on a sidewalk or trail; and shall not interfere with traffic visibility. (e) Only one (1) sign per project shall be installed upon a lot, registered land tract, or parcel (described by metes and bounds) of land. (f) Each sign shall include the name and telephone number of the owner of the sign. • (g) Signs for annual metro-wide events, such as the Parade of Homes, may be used for the duration of the event." Section 5. City Code Section 11.70, Subd. 3. K. is amended to read as follows: "K. Temporary Single Property Signs. 1. For purposes of this item K. a "single property" is defined as,a single lot, registered property tract or parcel (described by metes and bounds) of land with or without one or more buildings erected thereon. 2. Temporary signs may be erected on a single property for the purpose of selling or leasing the single property on which it is situated, in accordance with the following limitations: (a) A sign shall not exceed (i) six (6) square feet for a single property (A) on which is situated a dwelling or (B) which is vacant and located within the One-Family Residential District or (ii) 32 square feet for a single property (other than that described in (i) hereof) (A) on which a structure or structures situated thereon are less than 90% occupied (as measured by floor area) or (B) is vacant. (b) Not more than one sign for single properties may be erected. -2- (c) A sign shall be removed within seven (7) days following the lease or sale of the single property. (d) A sign shall not exceed ten (10) feet in height. 3. Temporary off-site directional signs may be erected for the purpose of selling or leasing a single property in accordance with the following limitations: (a) No more than two (2) off-site directional signs may be • erected for the sale or lease of a single property. cn (b) Signs may be erected only from 10:00 p.m. Friday to 6:00 rcs a) _a.m. Monday. ai 4-1 (c) Signs shall not exceed six (6) square feet in size and shall o not be higher than four (4) feet above the ground.. a rri (d) Signs may be placed on land only with the permission of o z the owner of the land. to +-) En •. (e) Only one sign for a single property may be installed upon a lot, registered land tract, or parcel (as measured by metes .0 and bounds) of land. tr°; (f) Each sign shall include the name and telephone number of z o the owner of the sign." Section 6. City Code Section 11.70, Subd. 3. Y. is amended to read as follows: • "Y. Two (2) temporary directional garage sale signs, not to exceed six (6) square feet shall be allowed in a residential district one (1) day prior to the sale, and shall be removed one (1) day after the sale, not to exceed five (5) days. One (1) garage sale sign not to exceed six (6) square feet shall be allowed on the garage sale site." Section 7. 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 S. This ordinance shall become effective from and after its passage and publication. -3- • FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1994, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1994. City Clerk Mayor Published in the Eden Prairie News on the day of , 1994. BARBUE►N\WORTSISIGN S2.0 RD B.- 10 Planning Commission Minutes 7 May 9, 1994 VII. NEW BUSINESS A. Amendment to Sian Code-Offsite Directional Signs Jean Johnson, Zoning Administrator, briefly discussed issues regarding off-site directional signs on private and or public property, such as, sandwich style signs versus a style which you stick in the ground. Johnson stated that the Planning Commission had to determine if directional signs were a problem in the Community and then determine what option they would like to recommend to the City Council to take action on. She stated the options presented in the Staff Report: to keep the City Code the way it is, but increase enforcement by City Staff; modify the City Code to allow for special events and signs on private property during certain hours, but would require additional City Staff for enforcement; modify the City Code to allow signs in right-of-way and on private property with or without permits at different times with additional City Staff needed. She also stated that the City Council had been discussing the sign issue for some time now and is supportive of Option #4 of the Staff Report for which a draft ordinance has been prepared. The Commissioners discussed the use of garage sale signs such as what days of the week they are to be used, what time of the day, getting permission of Planning Commission Minutes S May 9, 1994 the homeowners to put up the signs on their property, when and who is going to take down the signs. Doug McNamara, representing both Mason Homes and the Builders Association, stated that these are temporary signs only on the weekend and no _ other time of the week....He_said there is no placement in the right-of-way, no placement without permission. Schlamp had concerns about real estate signs for open houses all situated on one corner versus the little person having a garage sale with signs put up. He felt the ordinance should be a little more fine tuned. Kardell commented about Option #2, that the way the ordinance stands now, technically, you are not supposed to have any signs at all. McNamara disagreed stating that at least they are allowing people to place signs where before it was a big deal. Foote agreed that they should allow some garage sale signs in rights-of-way. McNamara stated that most of these have the garage zone signs now. Molly Vollmer, representing the Builders Association, said she finds the ordinances all acceptable and is very pleased about it. Bill Gerst, representing the Minneapolis Area Realtors Association, said he works with the builders and also is in support of particular ordinance. He said it's important to have open house signs. MOTION: Wissner moved, seconded by Sandstad, to recommend to the City Council approval of the draft ordinance for off-site directional signs, with the exception of Section 6 regarding regulation of garage sale signs. Motion carried 7-0.0. • r. 6, - 12. EDEN PRAIRIE CITY COUNCIL AGENDA DATE:3/3/94 SECTION: Public Meeting ITEM NO. V.A. DEPARTMENT: ITEM DESCRIPTION: Community Development Sign Code - Off-site Steve Durham, through directional signs Chris Enger, Director of Community Development ACTION REQUESTED: City Council to direct City staff on which options to pursue regarding off-site directional signs on private/public property. (Please note issues and sign code options attached to this memorandum.) IDENTIFIED CONCERN: Placement of off-site ignage particularlydirectional real estate signage,o , , new development and garage sale signs in public right-of-way. PURPOSE OF SIGN CODE: The sign code's intent is to promote the general welfare, health, safety and order in the placement of signs within City limits. Specifically the sign code provisions permit the opportunity for effective communication devices while upholding the concern for visual amenities of the City and traffic safety. CURRENT SIGN CODE ALLOWS/DOES NOT ALLOW: The code does allow for individual lots/properties to have one six square foot sign placed on them. New subdivisions are permitted one 100 square feet sign per street frontage promoting the subdivision on the property. One garage sale sign of six square foot or less is permitted in residential zoning district provided it is on private property. No private off-site directional sign may be placed in any public right-of-way, boulevard or private property. No sign may be attached to any utility pole. ENFORCEMENT HISTORY: Previous to 1993 City staff enforced the off-site directional sign issue on a complaint basis or if a sign created a public safety hazard. In 1993 City Council directed staff to increase enforcement of that portion of the sign code related to off-site signs. Over 400 signs were removed from public right-of-way in 1993. The increased enforcement of sign removal in public right- of-way continues in 1994 with 38 signs removed since January. In addition to enforcement City staff has taken steps to educate residents and the business community of the sign code regulations through notices to the MLS, Builders Association of Minnesota, through the Community Newsletter, and as calls come into staff. Enforcement and education have lessened use of off-site directional signs, especially by the business community. Signs used for garage sales have not necessarily decreased. Thirty percent of the zoning violation files in 1993 were related to enforcement of all aspects of the current sign code. y. S. - 13 ��?1r11 .1G,n 1 • LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE, SUITE 370 EDEN PRAIRIE,MINNESOTA 55344 TELEPHONE: (612) 829-7355 FAX: (612) 829-0713 RO9UT L I.ANO MINNEAPOLIS OFFICE RCCER A.PAULY DAVID H.CREGERSON• 4400 IDS CENTER RICHARD P.ROSOW f0 SOUTH EIGHTH STREET MARK 1.JOIQ4SON MINNEAPOLIS.MINNESOTA 534OI 103l1H A.NILAN TELEPHONE:(611)33847153 1OHN N.LANG', PAX:(612)349-6111 ]IJSAN M.LACE••• 1U04TH H.DUTCHER REPLY TO EDEN PRAIRIE OPPICS WILLIAM L MILLER TODD A.SATTLSR !ENNUIS(M.INZ 'Also AdmiUed is Wismasin ••A1aa a Canned Public Aemaataat •*•ALG Admiucd bt Colorado MEMORANDUM TO: Mayor and Members of City Council THROUGH: Carl Julie, City Man FROM: Roger A. Pauly DATE: March 4, 1994 SUBJECT: Outdoor Advertising Sign Regulations • In connection with the forthcoming discussion concerning enforcement and/or modifications of the City's Code provisions relating to off-site advertising signs, I call attention to certain principles enunciated by the courts, primarily the United States Supreme Court relating to the impact of the constitutional right of free speech upon the regulation of signs. i. DEFINITIONS. A. Off-Site. An off-site sign is the same as an advertising sign as defined in the City Code. Generally, those are signs advertising a commodity or service not sold or offered on the premises where the sign is located. B. Commercial v. Non-Commercial. Commercial speech has been defined by Black's Law Dictionary as "speech that advertise(s) a product or service for profit or for business purpose." Non-commercial speech includes messages relating to services performed by charitable and civic organizations, fund raising campaigns for charitable or civic organizations, campaigns to fight crime, drug addiction or drunken driving, political messages by candidates for public office, messages on political issues, messages by religious organizations. • ��•' • -• •V ( l-MlV la 1"')'Li L. I l_.R cl..cR LL,1V • 1 2. OFF-SITE COMMERCIAL ADVERTISING. A. General Rule Relating to Regulation of Commercial Speech. A four part test has been adopted to determine the legality of regulating commercial speech which is set forth as follows: "(1) The First Amendment protects commercial speech only if that speech concerns lawful activity and is not-misleading. A.restriction on otherwise protected commercial speech is valid only if it (2) seeks to implement a substantial government interest, (3) directly advances that interest, and (4) reaches no further than necessary to accomplish the given objective." B. Completely Prohibit. The City may prohibit off-site commercial advertising entirely in the interest of traffic safety and aesthetics. 3. OFF-SITE "NON-COMMERCIAL" ADVERTISING. A. Permitted Where Commercial Permitted. Non-commercial speech must be permitted wherever commercial speech is permitted. B. Regulate Non-Commercial. If the Council chooses to regulate rather than prohibit off-premise non-commercial signs, it cannot pick and choose which areas of non- commercial speech to allow or disallow. For example, political messages, political candidates, tax issues,fund raising campaigns for charitable organizations, drunk driving campaigns or other specific non-commercial speech issues cannot be specifically allowed or disallowed within an ordinance. All types must be permitted. Regulation is limited to time, place and manner. C. If the Council wishes to restrict the time place, or manner of non-commercial signs, then the following is required: 1. The restriction must be content neutral; 2. The restriction must be narrowly tailored to serve significant government interest; and 3. The restriction must leave open ample alternative channels for communication of the information. Since this in an extremely complex and difficult area of regulation, I recommend referring any proposed modifications of the Code relating to off-site advertising signs to Staff for further analysis and review of the impact of such changes. -Z:13, - 15 LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE,SUITE 370 EDEN PRAIRIE,MINNESOTA 55344 TELEPHONE: (612) 829-7355 PAX:(612)829-0713 ROBERT 1.LANO 41NNEAPOLIS OFFICE ROGER A.PAULY DAVID IL OREGERSON• FIRST BANE PLACE RIcluaD P.ROSOW 1600 IBM PARK BUILDING MARX 1.JOHNSON 630 THIRD AVENUE SOUTH IOSEPH A.MLAN _ )INNEAPOLIS,MN 554014337 JOHN W.LANG" TELEPHONE:(612)3311-0753 SUSAN M.LACE"•• PAX:(612)349-6711 JUDITh H.DUTCHER WILLIAM R.MILLER REPLY TO EDEN PRAIRIE OFFICE TODD A.SATTLSA JENNIFER M.INZ •Alto AdmiiW io Witwnin .*Also s C•rti i d P4htic Accorniug •••Alto Adml lc6 i0 Colo»do MEMORANDUM TO: Mayor and Members of City Council THROUGH: Carl Jullie, City Manager/ FROM: Roger A. Pauly (! DATE: June 16, 1994 SUBJECT: Recent United States Supreme Court Case Relating to Signs In a case decided June 13, 1994 the United States Supreme Court held an ordinance of the City of Ladue, Missouri to be invalid because it violated the right to free speech. The ordinance generally prohibited signs, except those that fall within one of ten exemptions. The exceptions include the following signs: (1) municipal; (2) subdivision and residence identification; (3) road and driveway for danger, direction or identification; (4) health inspection; (5) church or school; (6) identification for "not for profit" organizations; (7) identification of location of public transportation stops; (8) commercial in commercially zoned or industrial zoned districts; and identification of safety hazards. The sign which the City of Ladue sought to prohibit was an 8-1/2 x 11 inch sign placed in a second story window of a home stating "For Peace in the Gulf'. The basis for the Supreme Court's decision is that residential signs expressing a political, religious or personal message is a unique and traditional means of communication; that the ordinance suppressed all such forms of communication; that such suppression was too broad and the court was not persuaded that adequate substitutes exist for the medium of speech that the City attempted to close off. 78, - Id It is important to note that the type of speech affected in this case is non-commercial speech as distinguished from commercial speech, which advertises a product or service. The result in the earlier case of Coward v. City of Minneapolis decided by the Minnesota Court of Appeals on May 29, 1990 is consistent with the decision of the United States Supreme Court in Ladue. The United States Supreme Court's rationale in reaching its conclusion in Ladue is, however, somewhat different and perhaps broader than the Minnesota Court of Appeals rationale for reaching its decision in Coward. In Coward a Minneapolis ordinance limited types of signs which could be erected in a residential district as was the case of the ordinance in the City of Ladue. The Court of Appeals in Goward concluded that permitting certain types of signs, such as campaign signs, in residential districts, but not other signs such as the ones in question, which denounced governmental action in enforcing the City's zoning code against the property owner, was not content neutral, i.e. it permitted some of speech, but not others. The court in Coward also held that aesthetic interests alone cannot constitute sufficient governmental interest to override a political speech on property owned by the speaker, and finally, that the Minneapolis city ordinance did not, as in Ladue, provide sufficient alternative channels of communication so as to avoid impermissible infringement upon free speech. C;'wpSPray\elkaunciPrrctsre.sig 17 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: PUBLIC HEARINGS ITEM NO. ar. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger LAKESIDE Michael D. Franzen Requested Council Action: The proponent is asking for continuance to the September 6, 1994 meeting. Notices will be sent to the residents. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: PUBLIC HEARINGS ITEM NO. -i A• DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEARPATH MAINTENANCE BUILDING Mike Franzen Requested Council Action: • Approve 1st reading of an Ordinance for Zoning District Amendment in the Rural Zoning District on 1.5 acres. • Adopt a Resolution for Site Plan Review on 1.5 acres. Background - Planning Commission Action The Planning Commission voted unanimously dk � <\ leveloper indicated that at the meeting if the City was unhappy with the scr ' t, Bearpath will add more trees. The effect of the City Council action wt 'V golf course maintenance building. Supporting Reports: 1. Staff Report dated July 22, 1994 2. Minutes from Planning Commission dated 7-25-94 Minutes Planning Commission July 25, 1994 G. BEARPATH MAINTENANCE BUILDING by Bearpath Corporation. Request for Site Plan Review on 1.5 acres and Zoning District Amendment in the Rural Zoning District on 1.5 acres. Location: New Riley Lake Road next to the Hennepin County Light Rail Corridor. Franzen reviewed the Staff Report with the Commission. He stated that this is a site identified by Bearpath as part of the PUD. When the Bearpath Planned Unit Development Concept was reviewed by the City, this site was proposed by Bearpath for a golf equipment and maintenance building. The Planning Commission and the Parks Commission expressed concern about the proximity to Riley Lake park and recommended that the building be located elsewhere if it could not be proven that the building and outdoor storage areas could be completely screened from Riley Lake Road and Riley Lake Park. Barb Cross from the Park and Recreation Staff and himself met with Jeff Vogelbacher and requested making plan changes for a larger berm and additional plant materials to provide better screening of the building. The Parks Commission has recommended approval of that project subject to the Staff's recommendation for the berm height and tree plantings. John Vogelbacher, representing the Bearpath Maintenance Building, stated there is a major concern for screening. The site plan has been adjusted to those recommendations. They are setting the building back to save very large significant trees on the south end of the property. There will be a double screening effect there. One screening will be a row of berms and the other one will be the planting of trees. Kardell asked if they could coordinate a time when the Planning Commission could go out and see the site as it would be helpful for them to make a decision. Vogelbacher stated that they have security to police the private streets. They have been given a list of all the Planning Commissioners and Council members names. He said he wants them to feel welcome to go out and visit the site at their leisure. MOTION 1: Wissner moved, seconded by Schlampp to close the public hearing. Motion carried 6-0-0. MOTION 2: Wissner moved, seconded by Schlampp to move to recommend to the City Council approval of the request of Bearpath Corporation for Site Plan Review based on plans dated July 22, 1994 and subject to the recommendation of the Staff Report dated July 22, 1994. Motion carried 6-0- 0. MOTION 3: Wissner moved, seconded by Schlampp to move to recommend to the City Council approval of the request of Bearpath Corporation for Zoning District Amendment based on plans dated July 22, 1994 and subject to the recommendations of the Staff Report dated July 22, 1994. Motion carried 6-0-0. Mr": D. - 2, STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner DATE: July 22, 1994 SUBJECT: Bearpath Golf Maintenance Building APPLICANT: Bearpath Corporation FEE OWNER: Bearpath Corporation LOCATION: New Riley Lake Drive, Opposite Riley Lake Park, West of the Hennepin County Light Rail Authority Line REQUEST: 1. Site Plan Review on 1.5 acres. 2. Zoning District Amendment in the Rural Zoning District on 1.5 acres. -:... .:F.i..:.. . 4 20:::::::::::. • :::::::::::::::•. ::i:i::i:::i:i:: A, ::.:•::::::.:::::: a. •:•:•:•:•:•:•:•:• •:•.::•:•:•:•:•:•:•: •:•:•:•:•:•:•:•:•: •::.::::::::::::::::: •::::::::::::::::::• •:•:•:•:•:•:•:•:•:•: .•:•:•:•:•:•:•:•:•:•:•: ' •••••.•.•.•.•••••••• :•:•:;:•:•:::::::•: - .- :::::::::::::::::::::* • iiiiiiiii:iiiIi:* •:•:•:•:•:•:•:•• :•:•:•:•:••:•• 1TT vi`• .I * /¢.. •:•:•:•:•:• -::iiii::.-0 - 1111•:iii.::•:-. a 1111V4011101, / Ae11114- ( ' Illir BEARKTH ' Y / •.•:•••:':-.•-. 6 I - .:: :•:::::::::: %. ck• :i: :i:i: ::::• .o • .. :::::•:•:::•• - .i:•: i : •:•:::: •:: :::: i:i: :i:• :•:•:• :::• J. 6. /Ara Irwddilk LAKE ROAD 13EAKON114 -- iittitmA 07 • . t. 4' 2..._ .c OUlliP07 / +. :i:.. c.. 1111 us r CD ••::::. WO 6 ::•:•:••• / ili IlliCcr 1111i III :*••:•ii:. II* sew t., 2 zi.-1 :::•:.:::i.::.::.:i.:: :: ••. :•:•:•:•:• z 3 z / w x /' fi, \ / :..t. /1. i „low aa um 4 .. 1 11 ) ::•. : Irillilili , / . Iti emego Isot- 4...k •••• :::: ::::::: r 0- . . . . . . .•:•: :•:•:•:• \. Al 11111111111 :,:• ::,:,::.., ,..:,:,::• , :g.::, ". • E A, 30 z's • -3 r, 6. - (-) Staff Report Bearpath Maintenance Building July 22, 1994 BACKGROUND When the Bearpath Planned Unit Development Concept was reviewed by the City, this site was proposed by Bearpath for a golf equipment and maintenance building. The Planning Commission and the Parks Commission expressed concern about the proximity to Riley Lake Park and recommended that the building be located elsewhere if it could not be proven that the building and outdoor storage areas could be completely screened from Riley Lake Road and Riley Lake Park. Since detailed plans were not available during concept review, the Developer's Agreement included a provision requiring site plan review for this use. SITE PLAN The maintenance building is considered an accessory structure in the Rural District under the permitted use category of Golf Course. The building meets the required setbacks to the front, rear and side property lines. Sewer and water service is available in Riley Lake Road. ARCHITECTURE There are no exterior material requirements in the Rural Zoning District. The building will be constructed out of primarily wood siding. SCREENING The Community Development and Park and Recreation Staff met with the developer on site 30 days again to discuss the location of the proposed building and review the proposed screening to block views from Riley Lake Road and Riley Lake Park. At the conclusion of that meeting, Staff recommended revising the initial plan to increase berm height and add more large conifer trees. The site plan was reviewed by the Parks Commission at the July 18th meeting. The Parks Commission recommended approval subject to increased berm height and additional plantings as recommended by Staff. The plans in your packet have been revised according to Staff and Parks Commission recommendations. 2 Staff Report Bearpath Maintenance Building July 22, 1994 STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the plans for the Bearpath Golf Maintenance Building based on plans dated July 22, 1994 and subject to the Staff Report dated July 22, 1994 and subject to the following conditions: 1. Prior to building permit issuance the proponent shall: A. Receive approval from the Fire Marshal on all code requirements for the building, storage chemicals and fertilizers. 3 --"ST, - 6 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: Barbara Penning Cross, Landscape Architect DATE: July 14, 1994 SUBJECT: Staff Report for Bearpath Maintenance Building BACKGROUND: The Bearpath PUD was approved by the City in 1992. The approval was for a 400 acre residential community surrounding a Jack Nicholas Golf Course. As part of the Developer's Agreement, site plan review was required for the club house and the maintenance building. LOCATION: The maintenance building will be located between golf holes eight and nine with direct access to Riley Lake Road. ISSUES: Staff has worked with Sienna Corporation to minimize the visual impact of the maintenance building across the street from Riley Lake Park. • Building Materials - The building is proposed to have a residential character and will be constructed with like materials using lap siding and shingles. Color samples will be submitted to the City for approval. • Site Plan - Some of the screening has been achieved by the site plan. The building has been set back from the access and from Riley Lake Road to allow room for berming and vegetation. The drive also has been situated so there is no direct view into the site from the driveway. • Berming- The plan shows an 8' berm along the south side of the driveway. The size and height could of the berm could be expanded to 10' to further screen the building from the park entry. A 14' berm is shown on the north side of the entry. • Landscaping - Sienna Corporation has proposed a number of trees to screen the building. The number nine tee box has been relocated and staff will require new plans showing the changes. Since the building is an outdoor storage building, staff will expect enough trees to fully screen the building. RECOMMENDATION: Staff recommends approval of this project based on this memo. Unapproved Minutes Parks, Recreation & Natural Resources July 18 1994 MOTION: Moved by Kube-Harderwijk, seconded by Brown to approve the Brentwood proposal as per staff recommendations, page 2, June 24,1994 report with the removal of the of the 25 foot easement plan and the addition of a lot by lot easement that is clearly marked on each lot. Motion passed 5 - 1. B. Bearpath Maintenance Building - Cross introduced John Vogelbacher from Sienna who presented the request for the Bearpath maintenance building. It will be a single story building on 1 1/2 acres of land. The 2000 finished square feet will house the shop, storage, offices and restrooms. Vogelbacher addressed the issues of screening, berming and landscaping as outlined in the Cross staff report of July 14, 1994. MOTION: Moved by Hilgeman, seconded by Brown to approve the Bearpath Maintenance Building per staff report of July 14, 1994. Motion passed 6 - 0. VI. OLD BUSINESS A. Community Center Entry Control and Locker Room Expansion Plan - Lambert presented the request for entry control and locker room expansion at the Community Center. Lambert elaborated on the studies done, revenue generation, background and plans for Scheme E as outlined in the agenda attachments. Lambert recommends 250 locks on all the plastic lockers, more showers and drains for every two shower stalls. Scheme E will eliminate the existing pool storage area; a small addition to the north side of the pool area could be built to accommodate pool storage. Adding a gym to the proposal would require a referendum as it would add 1 1/2 - 3 million to the cost. MOTION: Moved by Hilgeman, seconded by Kube-Harderwijk to approve the recommendation of the proposed improvement of the Community Center as per staff memo of July 12, 1994. Motion passed 6 - 0. VII. NEW BUSINESS A. Review 1995 Capital Improvement Budget for Park Maintenance MOTION: Moved by Hilgeman, seconded by Koenig to continue the Capital Improvement Budget for Park Maintenance to the next meeting. Motion passed 6 - 0. VIII. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Director of Parks, Recreation & Natural Resources 1. Update on Park Acquisition - Lambert updated the Commission on the natural resources site acquisition as stated in his July 11, 1994 memo. 5 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: PUBLIC HEARINGS ITEM NO. . DEPARTMENT: ITEM DESCRIPTION: Community Development Ch " -- - EDEN PRAIRIE FORD EXPANSION Mi Req The (g.) the following: • )r Zoning District Amendment within the Commercial 6 • w on 4.5 acres. The Planning Commission voted unanimously to approve the project at the August 8, 1994 meeting. The effect of the Council action will permit the construction of a car preparation building. Supporting Reports: 1. Staff Report dated 8-4-94 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner DATE: August 4, 1994 SUBJECT: Eden Prairie Ford Car Preparation Building APPLICANT\ Eden Prairie Ford FEE OWNER: LOCATION: South of Valley View Road, between Prairie Center Drive and Plaza Drive REQUEST: 1. Zoning District Amendment in the Commercial Regional Service on 4.5 acres. 2. Site Plan Review on 4.5 acres. • It" / ,:•.:S..''1!!i!ii!i''. 116 7 ..2 -7r--- -.,''-'7 . . ... ...• •... I. Vra*_•- '-to NM .. _ 613111ir&f.. ...:r.:,i. • . ..1-:F 1 - •' '•• ••• • ::.„..:: ::;: Viii ; :lokv.Nio ARM= '; 11440.714 .•riaiaA. I/ j ::.•.. ..„:___ 45-, ta.A$.4* •,•'11111"1"11"111 • • illitt O.le-1.00Y . ..,... _t .. ill G 40, ':- 41114 abili wIpP4911 I =1112111 -17,44;511:411W1: Oa. ib *IN. 0111A .. .14.1 in I =11111111/ •-iltyi, :_ --,,ta moull v. I .:.......... iti:=a - ..irrififfm e A .'... . .. 1. .-0 irt ...,, ,/ . • 04 p IP , \o 4 x i i )°,,*olisaffiii, w... ,: i. s, , \mil,. Is Sr as lit4114fr . - 4- owe 07, iligli!iiii! •••••••.... ,• .,:.•,, Li , . epeti . , 1,N - MAMIE. A. AO. ' . t vx. RAD i_. •,.* + ...,. 1....tick_ --I.,..... -NIES • . .1 •• 1:7-1--A, '--",.. .4' .,,. ft ,f,s4, PRAIRIE ---- 7r.vT: i . •P' .vinv -- / .s .4••0 ER litREE EXEC ..---44-. CE/TrEA il fkiN.t.P , 11111' %, G CENTEli it POWs 4u,41., 1111 C. MOVE AMOR ki,:,; . P A I A 0 Q::: ..i. E ---- - -.01".......miggrilidllilloi 7-itiri. P do w— • . ./'`. ./..--....•-•<-1:: 'I vi.1"TH St I Staff Report Eden Prairie Ford Car Preparation Building August 4, 1994 SITE PLAN The site plan depicts the construction of a one-story, 3700 sq. ft. building for the purpose of prepping new cars. The site is being developed at a .02 base area ratio, compared to the City Code maximum of .20. The building meets the required front, rear and side yard setbacks in the Commercial Regional Service Zoning District. ARCHITECTURE The building will be constructed out of face brick and glass in conformance with the City requirement of at least 75% of these materials on each wall. Some rock face block will be added to the building making up the remaining 25%. The color will match the brick on the existing Eden Prairie Ford building on Plaza Drive. PRETREATMENT OF STORM WATER When the Eden Prairie Ford Car storage lot was built last year, a NURP pond was constructed on the south side of the project. Since there is no additional hard surface area created by the building, the NURP pond will not have to be resized. • LANDSCAPING The caliper inch requirement for this building is 12 caliper inches. The landscape plan depicts this amount. SCREENING When the Eden Prairie Ford Car Storage Lot was reviewed last year, the primary concern of the City was to what degree should the site be screened. The approved screening plan was a six-foot high solid fence around the site perimeter. To make the fence look more decorative an ornamental metal top of concentric circles similar to the Wal-Mart fence on Singletree Lane was required along Valley View Road. Landscaping was required to soften the view of the fence. After the fence was built and the landscaping installed, Eden Prairie Ford approached the City with a request to not build the ornamental top. In exchange, Eden Prairie Ford would provide additional landscaping along Valley View Road. Eden Prairie Ford believed the view of the site would be better with more landscaping than the ornamental top. This change from the approved development plan would have required an amendment to the Developer's Agreement, and Eden Prairie Ford was prepared to proceed accordingly. However, at that time, Eden Prairie Ford 2 -3T• E, - 3 Staff Report Eden Prairie Ford Car Preparation Building August 4, 1994 was beginning initial discussions with the City regarding the construction of a car prep building, and decided to ask for the amendment to the Developer's Agreement at the same time as the site plan review. Functionally, the fence screens the car storage area, however, the existing landscaping does not soften the view as much initially expected. The landscape plan contains 21 additional 6 foot high conifers, and 11 additional 2 1/2 inch Linden. Staff believes that the additional landscaping would be better visually for this site viewed from Valley View Road than to build ornamental top to the fence. STAFF RECOMMENDATIONS The Staff would recommend approval of the request for Zoning District Amendment and Site Plan Review on 4.5 acres based on plans dated August 4, 1994, subject to the recommendations of the Staff Report dated August 4, 1994, and subject to the following conditions: 1. Prior to building permit issuance, the proponent shall: A. Submit samples of exterior materials for review and approval by Staff. B. Submit a final landscape plan and security amount equal to 150% of the cost of the landscaping. C. Meet with the Fire Marshal to go over fire code requirements. 3 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: PUBLIC HEARINGS ITEM NO. Ir, V. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger Joe and Arlene Jullie Addition Don Uram Requested Council Actior- The City Council is reque • Adopt a Resolutioi ' ots. The effect of the City Co -o, \ its from the existing two lots for the construction of a new roject was reviewed and a Public Hearing was held by the ting. The Planning Commission voted unanimously to api PRIMARY ISSUES: The proposed plat meets the R1-22 zoning requirements of the Prairie Lane neighborhood. The proponent has applied to the City to vacate the 20 foot drainage easement on existing Lot 27 to build the new house on proposed Lot 2. In order to maintain drainage of stormwater from Prairie Lane, Staff recommends that a 15 foot drainage and utility easement to be dedicated on the western property line of proposed Lot 1. Staff also recommends that the proponent provide a drainage and utility easement over the rear 30 feet of proposed Lot 2. Three residents of Prairie Lane spoke at the Public Hearing. They were concerned about the on-street parking generated by Mr. Jullie's home occupation. Mr. Jullie is aware of the City's home occupation ordinance and has made steps to alleviate any negative impacts on the neighborhood. Supporting Reports: 1. Resolution for Preliminary Plat 2 Staff Report dated July 22, 1994 3. Minutes from the July 25, 1994 meeting 277 - I JOE AND ARLENE JULLIE ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF JOE AND ARLENE JULLIE FOR JOE AND ARLENE JULLIE ADDITION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Joe and Arlene Jullie Addition for Joe and Arlene Jullie dated July 20, 1994, consisting of 1.66 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 16th day of August, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk - z Minutes Planning Commission July 25, 1994 D. JOE AND ARLENE JULLIE ADDITION by Joe Jullie. Request for Preliminary Plat of 1.66 acres into 3 lots. Location 17041 and 17061 Prairie Lane. Joe Julie, 17041 and 17061 Prairie Lane, stated he built his home in 1979 and has lived there for the last 15 years. Recently he purchased the lot adjoining his lot and with the two lots he has an oversized lot subdivided into 3 lots. His intent is to develop and remodel the existing home he purchased by adding a two car garage, a deck and relandscaping the lot. After this he will put it up for sale. They will then build on the new lot. The house they are proposing is being designed by an architect. Its design is to fit in with the existing neighborhood. There are four pine trees that he planted 15 years ago and he plans to relocate them to different parts of the lot in order to facilitate being contracted with Bachman's to do the landscaping. Wissner asked if the other house was empty. Jullie stated yes, that he owns it. Foote asked if the power poles are going to be relocated. Jullie replied they will be put underground. • Eric Schneider, City Staff, stated this plan meets City Code requirements. The side of the house will be graded so the water will drain towards the back of the lot. The existing Lot 27 has a 20 foot drainage easement on the eastern property line to drain the storm water from Prairie Lane to the culvert in the back of the lot. The proponent has applied to the City to vacate this drainage easement so that the house on Lot 2 can be built. In order to maintain drainage of stormwater from Prairie Lane, Staff recommends that a 15 foot drainage and utility easement to be dedicated on the westerly property line. Staff also recommends that the proponent provide a drainage and utility easement over the rear 30 feet of Lot #2 to accommodate the drainage to the culvert. Duane Johnson, 17021 Prairie Lane, said he lives east of where Mr. Jullie is living now. His concern is having another driveway at that corner. He said there is a class or school held there and there's always 3 to 5 extra cars at that corner. He said this is a fire hazard. He is concerned that with another driveway all the cars will be parked in front of his home. Sandstad asked who parks there. Jullie replied there are no classes in his home. He and his wife have a couple of their own businesses and they have an employee for each business that works in their home and a housekeeper. They all park their cars there. 6 Minutes Planning Commission July 25, 1994 Foote asked if the fire marshal has looked at that proposal. Schneider replied that the fire marshal did look at it and he did not see any problem in terms of the access, parking, or an additional hydrant. Wissner asked if it would be possible to have more parking off the street. Jullie replied that once the new house is built the two staff workers will probably work at the other location rather than with them. Susan Krautsberg, 16861 Prairie Lane, said she is concerned with squeezing another house on that lot. She said it's an old neighborhood that it would look funny having a new house built with all the older homes. She said there are always 5 or 6 cars parked along the curb and is concerned about all this parking. Tomoko Kasel, 16921 Prairie Lane, said she is concerned with the cars parking everyday from Monday through Friday. She is concerned with another house being put on that lot that they will be too close together. Schneider would recommend approval of the preliminary plat subject to the conditions in the Staff Report. He also stated that when Staff gets complaints they go through the neighborhood to check them out. They will make sure parking is not a problem in the area. Clinton asked where the employees future parking will be. Jullie stated once the new house is built their offices will be there and that's where they will park. He said he was completely unaware of his neighbor's complaints about the parking and he will correct the problem immediately. Clinton asked if the new home will be compatible with the existing homes in the area. Mr. Jullie stated the home will be approximately $200,000 for construction and will be designed to fit in with the existing homes. His present home is valued at $170,000. Schlampp stated there is a lot of comment on the cars parking out in the street. He asked if they park there all day long. Jullie replied no, that they come and go. He didn't realize this was such a problem due to the fact that no one ever complained to him. He will have this problem solved this week. Schlampp suggested that he furnish off street parking for his employees. MOTION 1: Wissner moved, seconded by Sandstad to close the public hearing. Motion carried 6-0-0. MOTION 2: Wissner moved, seconded by Sandstad to move to recommend to the City Council approval of the request of Joe Jullie for Preliminary Plat of 1.66 acres into 3 lots based on plans dated July 20, 1994 and subject to the recommendation of the Staff Report dated July 22, 1994. Motion carried 6-0- STAFF REPORT TO: Planning Commission THROUGH: Don Uram, Planner FROM: Eric Schneider, Intern DATE: July 22, 1994 SUBJECT: Joe and Arlene Jullie Addition APPLICANT: Joseph W. Jullie LOCATION: 17041 and 17061 Prairie Lane REQUEST: 1. Preliminary Plat of 1.66 acres into 3 lots. — 1632.90 RIS — tn...........1........i. -- Mon.1.0.1 — 't, ,; .., n ..... ,:.t ,;., ; , . .4,c,on 714 , tk ,,••• 11111 PO SO4 01S11.3 273 R i ••., • • 0 (10) 1 • .4. ....• 0 '. , 01,, ....w . . (to . • '0%16.1. 1 ••>: • =. (33)- (31) i (nu) 4n ( , V •• - t N . . (I1) s ' (I) : 4 ,.. II . 1 ..I j 5) 4,.. .. tit ON:1.1"' 113":y; . •••414( . . - DI n A.Xt'ri -•1 0- on v, _.......m....w.a. . ,..,, tv (n).Cul-OM •,@, , . 11, 41' 13) .:SITE' s. - - . e.„),.... . • . .4, ,!. - • Atm ,..., . , !. ion 1(40) 41) 2• • I . . (n) i - , 4. - 0 SOD krill nn...T (30) 6 1 N. I' -; n .;‘'4"c•.,'"'Fe..7 :,„?. ';•..:„....-.0 e.o,,N.•O • (1) (L)- (: • __ • t ' oupc VII RO 1 * a•r1,..** (si..`••• I O? -•• L:.•ly...4. (125.32) • 0...,:t, 1\....-..: :"I:1:4 . 4b • (i) l I -/ LOCATION MAP — .5' Staff Report Joe and Arlene Juffie Addition July 22, 1994 PRELIMINARY PLAT The applicant proposes the platting of 1.66 acres into 3 lots, in order to place a new home between two existing homes. The plat proposes R1-22 zoning which is identical to the zoning in the Prairie Lane neighborhood. All the proposed lots meet or exceed the zoning requirements for the R1-22 District. The lot sizes range from 22,101 sq. ft. to 26,480 sq. ft. The existing houses and proposed house pad conform to the setback requirements of the zoning district. GRADING The preliminary grading plan proposes the removal of retaining walls and the altering of the elevations on Lot 2. The front of Lot 2 will have a swale with the high point at 938 feet and a garage elevation at 932.5 feet. The proposed house pad describes a walkout rambler with the lowest floor elevation at 924.4 feet. The sides of the proposed house will be sloped so that rainwater drains away from the house and towards the back yard. The area 15 feet from the rear of the house will be graded to 920 feet and an erosion control fence will be installed. The lowest point of the lot is at 912.6 feet along the rear property line. LANDSCAPING Lot 2 features a variety of trees such as maple, cottonwood, evergreen, willow, and ash. There are 235 caliper inches of trees on Lot 2. Three evergreens totaling 89 caliper inches will be moved, but will remain in the front yard. UTILITIES Sewer and water service is available by connection to the existing sewer and water line from Prairie Lane. The proponent will be subject to a$7400 connection fee for access to the sanitary sewer and water service to the new additional lot. The existing Lot 27 had a 20 foot drainage easement on the eastern property line to drain the stormwater from Prairie Lane to the culvert in the back of the lot. The proponent has applied to the City to vacate this drainage easement so that the house on Lot 2 can be built. In order to maintain drainage of stormwater from Prairie Lane, Staff recommends that a 15 foot drainage and utility easement to be dedicated on the westerly property line. Staff also recommends that the proponent provide a drainage and utility easement over the rear 30 feet of Lot 2 to accommodate the drainage to the culvert. 2 t - 6 Staff Report Joe and Arlene Juffie Addition July 22, 1994 VEHICULAR/PEDESTRIAN ACCESS All the proposed lots have access to Prairie Lane from private driveways. Prairie Lane has no sidewalk or trail. STAFF RECOMMENDATION Staff would recommend approval of the preliminary plat of 1.66 acres into 3 lots based on plans dated July 20, 1994, subject to the conditions in the Staff Report dated July 22, 1994 and subject to the following conditions. 1. Prior to final plat approval, the proponent shall: A. Apply for and receive approval of the vacation of the easement on the east side of existing Lot 27. B. Dedicate 15 feet for a drainage and utility easement from the western property line of proposed Lot 1 (existing Lot 27). C. Dedicate 30 feet for a drainage and utility easement from the rear property line of proposed Lot 2. 2. Prior to building permit issuance, proponent shall: A. Pay $7400 connection fee for the new house's (on Lot 2)access to sanitary sewer and water service. B. Pay the appropriate cash park fee. 3 D, - 7 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: PUBLIC HEARINGS ITEM NO. it. G DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CHRIST LUTHERAN CHURCH FELLOWSHIP Don Uram HALL Requested Council Action: The City Council is requested to take action on the following: • Approve 1st reading of an Ordinance for a Zoning District Amendment in the Public Zoning District on 2.78 acres. • Adopt a Resolution for Site Plan Review of 2.78 acres for approximately 6,700 sq. ft. addition to the existing 4,500 sq. ft. structure. The effect of the City Council action would allow the construction of a two-story, 6,700 sq. ft. fellowship hall to the Christ Lutheran Church building. This project was reviewed and a public hearing was held by the Planning Commission at the July 25th meeting. The Planning Commission voted unanimously to approve the project, subject to a revision of the landscape plan to include 39 caliper inches of plant materials. The proponent has revised the landscape plan in accordance with Planning Commission's recommendations. Supporting Reports: 1. Staff Report dated July 22, 1994 2. Minutes from the July 25, 1994 meeting V 4 T I Minutes Planning Commission July 25, 1994 E. CHRIST LUTHERAN CHURCH FELLOWSHIP HALL by Christ Lutheran Church. Request for Site Plan Review on 2.78 acres and Zoning District Amendment on 2.78 acres for a 6,705 square foot Fellowship Hall addition. Location: 16900 Main Street. Wayne Jeske, architect representing Christ Lutheran Church Fellowship Hall, presented plans for the church expansion and asked for relief from the landscaping requirement. Eric Schneider reviewed the Staff Report stating this is a two story addition and occupancy is 202 people.. The parking code requires one space per 3 people and in this case it would be in new Fellowship Hall. It would need 67 parking spaces. Staff has surveyed the Church in the last couple of weekends and the Pastor said that the largest service consists of approximately 120 people and 55 spaces appear to be adequate. They will continue to survey and if parking becomes a problem they will require them to put in additional parking. There is room on the south and east end of their lot toward Main Street. The addition does meet the setback requirements for the Zoning District and it meets the exterior materials. They will be using brown and red face brick to match the existing building. The proposed two story fellowship hall will require additional landscaping to soften the transition of land uses from the Church to the neighboring residences. Thirty-nine caliper inches are required to be added to the site which is 13 three inch trees. The proponent has drawn a landscape plan for the 13 new trees which consists of greenspire, lindens and Norway maples distributed mainly in the southern and western sections of the property. In the attached diagram Staff has recommended that the new trees be planted on the north side to soften the view of the fellowship hall's walls. A mixture of 6 foot evergreens and deciduous trees planted in this section would improve the buffer between land uses and add variety to the exterior appearance of the fellowship hall. Foote asked if the 13 trees is final or can the Commission cut that figure in half. Franzen replied that this is the standard requirement of City Code. Sandstad stated that he supports all of Staffs recommendations. He prefers that the church find some way to take care of the two story buffering with the amount of tree replacement that has been noted. Schlampp stated he supports the project. He stated that Norway maples do not act as buffers. Franzen replied the trees are not a buffer but to soften the view of the building. Kardell said she does not advocate changing Code requirements when they are talking about more than doubling the size of the facility which is in a beautiful neighborhood. She concurs with the Staff Report. MOTION 1: Foote moved, seconded by Clinton to close the public hearing. Motion carried 6-0-0. MOTION 2: Foote moved, seconded by Clinton to move to the City Council approval of the request of Christ Lutheran Church for Site Plan Review based on plans dated July 21. 1994 and subject to the recommendation of the Staff Report dated July 22, 1994. Motion carried 6-0-0. MOTION 3: Foote moved, seconded by Clinton to move to recommend to the City Council approval of the request of Christ Lutheran Church for Zoning District Amendment on 2.78 acres based on plans dated July 21, 1994 and subject to the recommendations of the Staff Report dated July 22, 1994. Motion carried 6-0-0. STAFF REPORT TO: Planning Commission THROUGH: Don Uram, Planner FROM: Eric Schneider, Intern DATE: July 22, 1994 SUBJECT: Christ Lutheran Church Fellowship Hall APPLICANT: Christ Lutheran Church _ LOCATION: 16900 Main Street REQUEST: 1. Site Plan Review on 2.78 acres. 2. Zoning District Amendment on 2.78 acres. (t) Y A ,i.' ) t7 i, a 'Ill ..r ..r ..L.r [i ;Le i.a.rs oust $ G r <:, fnY I'�iy, �'(�n QJ'('u)<a'� r 4(r) a . as r ! I , %to1.. , (( 1 (n'u)�� l(et>_a (ill ap tro, (st 1 tat (7t '-` fetcm a� , GRNEIIMI ' ° V i .:ri°_ •y.� .a•s — .. 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V ` L.4 LOCATION MAP Staff Report Christ Lutheran Church July 22, 1994 BACKGROUND Christ Lutheran Church was built in 1978 with a 2,100 sq. ft. building. On January 8, 1985, the City Council approved the construction of a 2,400 sq. ft. addition to the building. The existing 4,500 sq. ft. building contains a worship area for 148 people and two classrooms. Christ Lutheran Church is zoned Public and is bordered by residential properties. Round Lake Trail Estates, zoned R1-13.5, borders the north property line. Two twinhomes, zoned RM-6.5, border the west and the Edendale Residence, zoned RM-2.5, borders the east. SITE PLAN Christ Lutheran Church is proposing to build a two-floor, 6,705 square foot addition. The addition will contain a fellowship hall, narthex, kitchen, and storage space. Storage space and mechanical equipment will be on the second floor. The fellowship hall will protrude towards the east side of the property. The proposed addition meets the setback requirement of the Public Zoning District. The proposed fellowship hall will be the largest room in the church, with an occupancy of 202 people. The City code requires 67 parking spaces (1 space per 3 people) and Christ Lutheran Church presently has 55 parking spaces. Staff has monitored the Church's parking demands and it appears that the current parking allotment is adequate. The enclosed letter by Pastor Gregory Lenz indicates that the services and dinners attract 100 - 120 people and he does not anticipate seating a group of 200 people in the fellowship hall. If parking does become a problem, Christ Lutheran Church will construct the additional parking spaces to meet demand. The proposed site plan describes the area for future parking spaces and a future curb cut for secondary access. GRADING The grading on the property will be limited to the area around the proposed addition. A four foot high berm on the north and east sides will shield the fellowship hall from the residences on Carnelian Lane and the Edenvale Residence building. The berms surrounding the parking lot will not be altered. The berm surrounding the addition on the north side will direct stormwater runoff into the catch basins along the Carnelian Lane cul-de-sac. The stormwater runoff from the east side of the addition will drain towards Main Street. The addition will tap into the existing sewer and water service. 2 '. Cam. `I Staff Report Christ Lutheran Church July 22, 1994 The northwest section of the property is a marsh area, and the proposed addition will be approximately 200 feet east of the marsh. Christ Lutheran Church will need to submit detailed grading and drainage plans to the Riley-Purgatory Creek Watershed District and to the City Engineer. LANDSCAPING The proposed two-story, fellowship hall will require additional landscaping to soften the transition of land uses from the Church to the neighboring residences. Thirty-nine caliper inches (13 - 3 inch trees) are required to be added to the site. The proponent has drawn a landscape plan for the 13 new trees, with greenspire lindens and Norway maples distributed mainly in the southern and western sections of the property. Staff recommends that the new trees be planted on the north side to soften the view of the fellowship hall's walls. (See attached Diagram A.) A mixture of 6 foot evergreens and deciduous trees planted in this section would improve the buffer between land uses and add variety to the exterior appearance of the fellowship hall. ARCHITECTURE The fellowship hall portion of the addition will be built with brown and red face brick to match the existing building. The roof will be dark brown asphalt shingles with redwood fascia. Lapsiding will be the exterior materials used for the section of the addition connected to the existing building. Christ Lutheran Church proposes a temporary wall for this section, because the Church's future plans include an addition to the Nave on the southern side of the building. Even with the lap siding on the temporary wall, the building will still conform to the exterior materials requirements of the City Code. The mechanical equipment for the addition will be housed inside the second floor. RECOMMENDATIONS The Staff would recommend approval of the request for site plan review and zoning district amendment on 2.78 acres based on plans dated July 21, 1994 and the Staff Report dated July 22, 1994, subject to the following conditions: 1. Prior to review by the City Council, the proponent shall revise the landscaping plan on the northern side of the proposed addition with plantings of 6 foot evergreens and deciduous trees. 3 - � Staff Report Christ Lutheran Church July 22, 1994 2. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the Riley-Purgatory Watershed District. B. Submit detailed utility, storm water runoff, and utility control plans for review by the City Engineer. 3. If a parking shortage is observed, the proponent will be required to construct the additional parking spaces and the secondary access as shown on plans dated July 21, 1994. 4 -SZ'. G. - 6 Di 0,1 ra..ry, A CARNELIAN LANE / ...........---- I w • .,..,. - : 1 . , 1 Z z RecommeflAion H 1 ----------- \ auFT‘Ch.L. Irtars51•OMMUF-. 0'3 -. 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I.--"j4c6 —— L..4 3" • • i ' .i7-.,•37-,-,- -4._0,6. a fae tle- ._ L 5 _ MAIN STREET ......_. ...,• Rot 11--,ijnr .,.O E.11151-%B.1•47 J t 7 -. 11 CC ,-.141.. ....4.-±I'L.SS -.... ---- Y -3T, G, - 7 DATE: August 16, 1994 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO:-17- SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Vacation No. 94-06 - Vacation of a Drainage Easement over Part of Lot 27, David Olson Block 1, Prairie Shores Addition Recommended Action: Staff recommends that the City Council take the following action: Adopt the Resolution vacating the drainage easement over part of Lot 27, Block 1, Prairie Shores Addition. Overview: The plat of Prairie Shores Addition was approved by the City in 1958 and included the dedication of a 20-foot wide drainage easement across Lot 27, Block 1. The easement currently is not occupied by a drainage channel, pipe or other utility. The property owner proposes to replat the property and concurrently will dedicate a new drainage and utility easement addressing present conditions. The underlying drainage easement will no longer be needed. Supporting Information: Enclosed Vacation drawings. Item No. j /7` / li '••• )1 ..... ..10 ‘i• • . I :' qq. r a— 'i,...., 4 •t+ GI = C': \r \ L'f 31_ -t) 'loll . ,. IN -.: \ it ird I 4016-1 imam 1 f...:t") ...i.IN 41 n: La .,... mit ig .-, Alk_,..,.. .. Ili .tip . :alli s. !!� -i-, i:: - iiimili • 4 - !e 1 %to _ Li' all1f1N1VMI INN g . El . --.., -- 4.4 n, v _ iii i- - 7 _ - �i" 3iaivaa NI D1 1.1,1k. _ �� '• _ as 1 I ,: ;..;• _.... ,...„--: ‘, ............. ................ ............... - ‘-- ,. .,..,.... * .,_ 4. • ■R fink Al‘414 IImik th 1 t- mil ......... •••••••• -. ..) 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N 111 '41%4% at . -ie.._ •,,. . ea \ Vi �. 0 • a / - r t Lt. . �••. :. 3 LA,,cx-r _. \ < p .\A c±- V.Sclb.:3a1 gedi S q\t• t 1. 4► I ® rw s imk 1, .:± it: 10 .4. • -.4.. taw-3i:- ..411" .60/7 •.,0071\I _vit..%.\*N3> • 4/Val.A\ • swam s 1 Is ,7. =Rik arl .71--1. ;:\i, \ 1.- g"' e'S'AS.\. \ )a3: , 4 4%4;0 r .: . L.., z .. i A 4 B _ a ,... \ o s _ ? aCoai ?� irr I'•, K I• tJ ," • ' CAT_ 6... ---QV- t _ _ Old ��ts'n0 i I•lC , • . ... ik.mi 1'.. .e ii= 1111 i 0 Z=7'VI VI 132 M.ale 10 sit Vs i0 an a 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE EASEMENT IN PRAIRIE SHORES ADDITION WHEREAS, the City of Eden Prairie has a certain drainage easement described therein as follows: That part of Lot 27, Block 1, Prairie Shores Addition, as recorded in the Office of the Registrar of Titles, Hennepin County, Minnesota, being the Easterly 20 feet thereof parallel with the East line of said Lot 27, said East line being the common line between Lot 26 and Lot 27, Block 1. WHEREAS, a public hearing was held on August 16, 1994 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on August 16, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. V, H1 LI exmodor" CITY COUNCIL AGENDADATE: AUGUST 2, 1994 Pratrtt= SECTION: AUGUST 16, 1994 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE DEPT PAYMENT OF CLAIMS VI CHECKS NUMBER 22982 THRU 23354 CHECKS NUMBER 23355 THRU 23785 Action/Direction: AUGUST 2, 1994 VI 22982 MARK SANTELLI SERVICE-HOUSE PAINTING-HOUSING 893.00 REHABILITATION PROGRAM. 22983 PAUL SANTELLI SERVICE-HOUSE PAINTING-HOUSING 1287.00 REHABILITATION PROGRAM. 22984 THE STATE OF MINNESOTA VEHICLE INSPECTION STICKERS-EQUIPMENT 40.00 MAINT. 22985 UNIVERSITY OF MINNESOTA CONFERENCE-STREET MAINTENANCE. 90.00 22986 WES DUNSMORE CONFERENCE-PARK MAINTENANCE. 50.00 22987 OPERATING ENGRS TRAINING CONFERENCE-STREET MAINTENANCE. 600.00 22988 SUZIE SIME ENTERTAINMENT-STARING LK CONCERT SERIES- 200.00 HISTORICAL & CULTURAL COMMISSION. 22989 GARTH OLSON ENTERTAINMENT-STARING LK CONCERT SERIES- 600.00 HISTORICAL & CULTURAL COMMISSION. 22990 REYNOLD PHILIPSEK ENTERTAINMENT-STARING LK CONCERT SERIES- 450.00 HISTORICAL & CULTURAL COMMISSION. 22991 THE MUSIC WORKS ENTERTAINMENT-STARING LK CONCERT SERIES- 500.00 HISTORICAL & CULTURAL COMMISSION. 22992 MN SHAKESPEARE COMPANY ENTERTAINMENT-STARING LK CONCERT SERIES- 500.00 HISTORICAL & CULTURAL COMMISSION. 22993 EMMETT STARK ENTERTAINMENT-STARING LK CONCERT SERIES- 40.00 HISTORICAL & CULTURAL COMMISSION. 22994 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 136.00 22995 METROPOLITAN WASTE CONTROL COMMIS JUNE 94 SAC CHARGES. 78048.00 22996 MN DEPT OF REVENUE JUNE 94 BUILDING SURCHARGES. 8255.76 22997 NORTHERN STATES POWER CO SERVICE. 36196.18 22998 U S WEST COMMUNICATIONS SERVICE. 4345.47 22999 MARIE ANDERSON REFUND-ACTIVITY CAMP. 26.00 23000 BARBARA ASTRY REFUND-GOLF CAMP. 57.00 23001 LOTTI BISCHOFF REFUND-GYMNASTICS LESSONS. 19.20 23002 LINDA BRAGG REFUND-SWIMMING LESSONS. 24.00 23003 NANCY CHAMBLIN REFUND-SOCCER FUN CAMP. 31.00 23004 PAMELA CLARK REFUND-BASIC WATER SAFETY LESSONS. 17.00 23005 E P GIRLS ATHLETIC ASSN REFUND-HOMEWARD HILLS PK SHELTER RENTAL. 65.00 23006 BECKY ENGER REFUND-MOUNTAIN BIKE TRIP. 140.00 23007 JULIA FUNARI REFUND-MOUNTAIN BIKE TRIP. 140.00 23008 RICK HECKER REFUND-MOUNTAIN BIKE TRIP. 140.00 23009 LOIS HOLTER REFUND-RED WING CRUISE. 32.00 23010 ADELE KRANTZ REFUND-PIPESTONE TRIP-ADULT PROGRAMS. 95.00 23011 ROBERT MCCARTHY REFUND-PIPESTONE TRIP-ADULT PROGRAMS. 190.00 23012 KRISTINA MCMILLAN REFUND-ARTS CAMP. 67.00 23013 SUZANNE MEYERS REFUND-AFTERNOON ADVENTURE PROGRAM. 23.00 23014 MARK MILLER REFUND-RENTAL OF HORSESHOES-OUTDOOR 15.00 CENTER. 23015 NORM MOORE REFUND-FATHER-CHILD CANOE TRIP-OUTDOOR 194.00 CENTER PROGRAM. 23016 MARY REMAKEL REFUND-YOUTH TENNIS LESSONS. 19.00 23017 MARY ROSE REFUND-SWIMMING LESSONS. 61 .00 23018 LAURIE RUFF REFUND-BASIC WATER SAFETY LESSONS. 23.00 23019 LEONARD RUFFING REFUND-SWIMMING LESSONS. 18.00 23020 BETTY SCHAITBERGER REFUND-PIPESTONE TRIP-ADULT PROGRAMS. 95.00 13372261 AUGUST 2, 1994 1 . AUGUST 2, 1994 VI 23021 VOID OUT CHECK 0.00 23022 VOID OUT CHECK 0.00 23023 VOID OUT CHECK 0.00 23024 VOID OUT CHECK 0.00 23025 WINE MERCHANTS WINE. 75.00 23026 DAY DISTRIBUTING COMPANY BEER & MIX. 8558.50 23027 EAST SIDE BEVERAGE CO BEER & MIX. 17270.85 23028 MARK VII DISTRIBUTING COMPANY BEER & MIX. 12213.20 23029 MIDWEST COCA COLA BOTTLING CO MIX. 383. 10 23030 PEPSI COLA COMPANY MIX. 201 .60 23031 THORPE DISTRIBUTING COMPANY BEER & MIX. 22405.72 23032 CANADA LIFE ASSURANCE CO JULY 94 DISABILITY INSURANCE PREMIUM. 2032.98 23033 CARVER COUNTY COURTHOUSE PAYROLL 07-08-94. 49.37 23034 CITIBANK-SOUTH DAKOTA-N A PAYROLL 07-08-94. 200.00 23035 FEDERAL RESERVE BANK PAYROLL 07-08-94 SAVINGS BONDS. 450.00 23036 GREAT-WEST LIFE & ANNUITY PAYROLL 07-08-94. 7989.00 23037 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 07-08-94. 298.00 23038 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 07-08-94. 240.46 23039 ICMA RETIREMENT TRUST-457 PAYROLL 07-08-94. 4188.53 23040 INTERNAL REVENUE SERVICE PAYROLL 07-08-94. 32.00 23041 INTL UNION OF OPERATING ENGINEERS JULY 94 UNION DUES. 1270.00 23042 MN DEPT OF REVENUE PAYROLL 07-08-94. 200.00 23043 MN STATE RETIREMENT SYSTEM PAYROLL 07-08-94. 62.00 23044 MN TEAMSTERS CREDIT UNION PAYROLL 07-08-94. 25.00 23045 NORWEST BANK HOPKINS PAYROLLS 06-24-94 & 07-08-94. 1300.00 23046 EXECUTIVE DIRECTOR-PERA PAYROLL 07-08-94. 39919.91 23047 EXECUTIVE DIRECTOR-PERA PAYROLL 07-08-94. 20.00 23048 PRUDENTIAL INSURANCE CO JULY 94 LIFE INSURANCE PREMIUM. 2835.60 23049 UNITED WAY PAYROLL 07-08-94. 215.55 23050 BUNKER HILLS WAVE POOL TICKETS-TEEN WORK PROGRAM. 100.00 23051 LYNN STOCK SCHOOL ADVANCE-POLICE DEPT. 75.00 23052 JAMES MATSON SCHOOL ADVANCE-POLICE DEPT. 75.00 23053 CHERYL COTTER REFUND-ADULT TENNIS LESSONS. 24.00 23054 MARY DRAZAN REFUND-JUNIOR GOLF LESSONS. 56.00 23055 JANE EDWARDSON REFUND-JUNIOR GOLF LESSONS. 28.00 23056 ELIZABETH EIDAM REFUND-ADULT GOLF LESSONS. 43.00 23057 DEB EKLO REFUND-TEAM TENNIS TRAINING. 64.00 23058 MARY GRIGGS REFUND-AFTERNOON ADVENTURE PROGRAM. 35.00 23059 ELISE HANSEN REFUND-VALLEYFAIR TRIP. 21 .00 23060 RENE MCMUNN REFUND-ADULT TENNIS LESSONS. 21 .00 23061 ANNETTE MILLER REFUND-ADULT TENNIS LESSONS. 24.00 23062 BONNIE MOREN REFUND-JUNIOR GOLF LESSONS. 28.00 23063 GERI STEIDER REFUND-SWIMMING LESSONS. 7.50 23064 MARY STOECKER REFUND-TEAM TENNIS TRAINING. 29.00 23065 CHERI THOMPSON REFUND-ACTIVITY CAMP. 50.00 23066 RANDI USHER REFUND-SPORTS CAMP/ACTIVITY CAMP. 169.00 23067 JENNIFER WAY REFUND-ADULT GOLF LESSONS. 43.00 23068 OPAL WEIGELT REFUND-PIPESTONE TRIP-ADULT PROGRAMS. 95.00 23069 PETTY CASH ANIMALS/ANIMALS PRESENTATION-SPECIAL 25.00 TRIPS & EVENTS PROGRAM. 12344887 AUGUST 2, 1994 2. AUGUST 2, 1994 VI 23070 CELEBRATE WOMEN DEPOSIT-ENTERTAINMENT FOR HOLIDAY 50.00 LUNCHEON-SENIOR CENTER. 23071 SUNSET PRINTING & ADVERTISING DEPOSIT-FIREFIGHTER PENCIL TOP ERASERS- 137.50 FIRE PREVENTION PROGRAM-FIRE DEPT. 23072 U S WEST CELLULAR INC SERVICE. 1050.56 23073 CARMEN LOPEZ REFUND-SPECIAL TRIPS PROGRAM. 20.00 23074 PATRICIA NELSON REFUND-MUNCHKIN TENNIS LESSONS. 16.00 23075 NICK GATTO REFUND-PRESCHOOL PLAYGROUND/SPORTS CAMP. 147.00 23076 VOID OUT CHECK 0.00 23077 ANDY KRUSE SERVICE-TEEN WORK PROGRAM. 20.08 23078 ANIMAL INN BOARDING KENNEL CANINE SUPPLIES-POLICE DEPT. 90.50 23079 DRISKILLS NEWMARKET EXPENSES-PARK MAINT/PRESCHOOL PLAYGROUND/ 176.61 AFTERNOON ADVENTURE/ROUND LK PK CONCESSIONS/WATER DEPT. 23080 PRAIRIE ELECTRIC COMPANY INC HAND DRYER REPAIR/COMPRESSOR MOTOR REPAIR/ 287.75 POOL PUMP REPAIR-COMMUNITY CENTER. 23081 SAFETY-KLEEN CORPORATION CARBURETOR CLEANER-EQUIPMENT MAINTENANCE. 128.07 23082 SUCCESSORIES INC WALL MOUNT SUGGESTION BOXES/FORMS-WATER 332.90 TREATMENT PLANT. 23083 U S POLICE CANINE ASSN DUES-POLICE DEPT. 30.00 23084 MN DEPT OF PUBLIC SAFETY BICYCLE REGISTRATION FEES-POLICE DEPT. 216.00 23085 CIATTIS ITALIAN RESTAURANT GIFT CERTIFICATES-SAFETY INCENTIVE 25.00 PROGRAM-SAFETY DEPT. 23086 APPLEBEES GRILL & BAR GIFT CERTIFICATES-SAFETY INCENTIVE 30.00 PROGRAM-SAFETY DEPT. 23087 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT. 8.48 23088 POSTAGE BY PHONE POSTAGE FOR POSTAGE METER-POLICE DEPT. 1000.00 23089 DEB DULON REFUND-SWIMMING LESSONS. 21.00 23090 SUSAN EGAN REFUND-SWIMMING LESSONS. 6.00 23091 JO FREESE REFUND-SPORTS CAMP. 59.00 23092 JAN GLENN REFUND-SWIMMING LESSONS. 21.00 23093 MARY IGO REFUND-PRESCHOOL PLAYGROUND. 21 .00 23094 FRIEDA KRISTOFFERSON REFUND-RED WING TRIP-ADULT PROGRAMS. 32.00 23095 DIANE LUNDBERG REFUND-SOCCER CAMP. 34.00 23096 W MARKGRAF REFUND-SWIMMING LESSONS. 24.00 23097 MARGARET RILEY REFUND-AFTERNOON ADVENTURE PROGRAM. 38.00 23098 JOANN SYVERSON REFUND-CANOEING LESSONS. 16.00 23099 PAMELA TODD REFUND-SOCCER CAMP. 31 .00 23100 EDNA WALKER REFUND-DEFENSIVE DRIVING CLASS. 8.00 23101 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING. 626.05 23102 THE DALE GREEN CO BLACK DIRT-STREET MAINTENANCE/PARK 1674. 18 MAINTENANCE/MILLER PK IMPROVEMENTS. 23103 JOHN FRANE JULY 94 CAR ALLOWANCE-FINANCE DEPT. 200.00 23104 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 06-24-94. 298.00 23105 NORWEST BANKS MINNESOTA N A PAYROLL 07-22-94. 91542.61 23106 J A PRICE AGENCY INC BOILER & MACHINERY LIABILITY INSURANCE- 7678.00 CITY CENTER/WATER TREATMENT PLANT/CITY HALL. 23107 SNAP ON TOOLS CONFERENCE-EQUIPMENT MAINTENANCE. 250.00 23108 NORTHERN STATES POWER CO SERVICE. 14449.87 12079616 AUGUST 2, 1994 3. 4 AUGUST 2, 1994 VI 23109 NICOLE CARLSON REFUND-DAY CAMP. 65.00 23110 DIANE DEMAICO REFUND-SOCCER CAMP. 31 .00 23111 CYNTHIA ERICKSON REFUND-YOUTH RACQUETBALL LESSONS. 7.20 23112 MARY ESMOND REFUND-ACTIVITY CAMP. 59.00 23113 JUDY GELLING REFUND-TENNIS LESSONS. 16.00 23114 JAN GLENN REFUND-SWIMMING LESSONS. 21 .00 23115 JANICE JENKINS REFUND-YOUTH TENNIS LESSONS. 19.00 23116 TAMMY KLITZKE REFUND-SPORTS CAMP. 62.00 23117 DON LINN REFUND-CANOE TRIP. 60.00 23118 PUNITA NAKRANI REFUND-SWIMMING LESSONS. 6.00 23119 CAROL PIERCE REFUND-SPORTS CAMP. 66.00 23120 JANICE RAGAN REFUND-SOCCER CAMP. 31 .00 23121 LAURIE TURNER REFUND-PRESCHOOL PLAYGROUND PROGRAM. 29.00 23122 BECKY UPTON REFUND-CANOE TRIP. 60.00 23123 MARY WISNESKI REFUND-ARTS CAMP. 67.00 23124 MCI TELECOMMUNICATIONS SERVICE. 578.32 23125 A U S COMMUNICATIONS INC CABLES/CONDUCTOR WALL MOUNT JACKS/MODULAR 519.90 INSERTS/INSTALLATION-CITY CENTER PHONE SYSTEM. 23126 A TO Z RENTAL CENTER LIGHTED PORTABLE SIGN RENTAL-HISTORICAL & 227.04 CULTURAL COMMISSION/GENERATOR RENTAL-4TH OF JULY CELEBRATION. 23127 AFFIRMED MEDICAL SERVICES INC 1ST AID SUPPLIES-CITY HALL. 63.91 23128 AIM ELECTRONICS INC DRIVE REPAIRS-COMMUNITY CENTER 137.32 MAINTENANCE. 23129 AIRSIGNAL INC JULY 94 PAGER SERVICE-COMMUNITY CTR MAINT/ 42.08 ASSESSING DEPT/PARK MAINTENANCE. 23130 AMERICAN PLANNING ASSN DUES-PLANNING COMMISSION MEMBERS. 420.00 23131 AMERICAN RED CROSS LIFEGUARD TRAINING/TEXTBOOKS-POOL LESSONS. 233.01 23132 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL. 585.20 23133 EARL F ANDERSEN & ASSOC INC YELLOW CHIP SEAL MARKERS-STREET DEPT. 766.80 23134 ANDON INC HELIUM CYLINDER/VALVE RENTAL-SOCIAL 10.87 PROGRAMS. 23135 AQUA ENGINEERING INC SPRINKLER SYSTEM INSTALLATION-FLYING 700.00 CLOUD ATHLETIC FIELDS. 23136 ASPEN CARPET CLEANING CARPET CLEANING SERVICE-CITY CENTER. 377.01 23137 ASPEN EQUIPMENT COMPANY ROLLER REPAIR/REPLACED HYDRAULIC LINES/ 1385.32 MOTORS/DRUM/RUBBERS/DRIVE BEARINGS & SEALS-EQUIPMENT MAINTENANCE. 23138 AUDIO VISUAL WHOLESALERS SPEAKER CABLE-HUMAN RESOURCES DEPT. 32.52 23139 B & S TOOLS EXTRACTOR SET/CENTER PUNCH-STREET SIGNALS/ 145.80 SCREWDRIVERS-STREET MAINTENANCE. 23140 BARKER HAMMER ASSOCIATES INC PAINT/OIL & GREASE REMOVER-CITY CENTER. 47.07 23141 S H BARTLETT CO INC VALVE REPAIR KIT-PUBLIC WORKS BLDG/SHOWER 231 .53 VALVE REPAIR KIT-COMMUNITY CENTER MAINTENANCE. 23142 BARTLEY SALES COMPANY INC PURSE SHELVES-CITY CENTER. 253.47 23143 BEACON BALLFIELDS PUDDLE PUMPS-PARK MAINTENANCE. 186.00 23144 BEARPATH GOLF & COUNTRY CLUB REIMBURSEMENT FOR COST OF SEWER EXTENSION 20993.68 TO THE NORTHEAST CORNER OF RILEY LK ROAD. 2853605 AUGUST 2, 1994 4. AUGUST 2, 1994 VI 23145 BECKER ARENA PRODUCTS INC ADHESIVE/POWDER PAINT-COMMUNITY CENTER. 493.58 23146 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 511 .40 23147 BIFFS INC JULY 94 WASTE DISPOSAL SERVICE-ADA/PARK 5185.46 MAINTENANCE. 23148 CAROL BIRTZER FAMILY CAMP OVERNIGHT INSTRUCTOR-OUTDOOR 50.00 CENTER PROGRAMS/FEES PAID. 23149 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-ROUND LAKE PARK. 464.65 23150 CITY OF BLOOMINGTON JUNE 94 KENNEL COSTS-ANIMAL CONTROL DEPT. 397.00 23151 BLOOMINGTON LOCK & SAFE CO LATCH LOCK REPAIR/CAMLOCK REPAIR/KEYS- 211 .70 FIRE STATION/CITY CENTER. 23152 BLUE BELL ICE CREAM CO CONCESSION STAND SUPPLIES-ROUND LAKE PARK. 139.40 23153 RUTH K BOETTCHER INTERPRETER SERVICE-JULY 4TH CELEBRATION. 120.00 23154 BRAUN INTERTEC CORPORATION SERVICE-WELTER PROPERTY. 1800.00 23155 BROADWAY AWARDS FISHING TROPHY-POOL SPECIAL EVENTS 12.42 PROGRAM. 23156 PAUL BROWN VOLLEYBALL OFFICIAL/FEES PAID. 654.50 23157 NATHAN BUCK SOFTBALL/VOLLEYBALL OFFICIAL/FEES PAID. 374.00 23158 BURNSVILLE SANITARY CO WASTE DISPOSAL-PARK MAINTENANCE. 70.00 23159 WES BROWN SOFTBALL OFFICIAL/FEES PAID. 259.00 23160 CAPITOL COMMUNICATIONS JULY 94 MAINTENANCE AGREEMENT/REAR COVER- 2167. 10 POLICE DEPT. 23161 CARLSON TRACTOR & EQUIPMENT CO PIN/LINK-STREET MAINTENANCE. 99.05 23162 CENTEX HOMES REFUND-BUILDING PERMIT. 1025.93 23163 CENTRAIRE INC MAINTENANCE AGREEMENTS-FIRE STATIONS/ 5300.99 SENIOR CENTER/POLICE BLDG/REPLACED COMPRESSOR/INSTALLED FILTER DRIER/ REPLACED BLOWER MOTOR-LIQUOR STORE II/ REPLACED REFRIGERANT-POLICE BLDG/PUBLIC WORKS BLDG/FIRE STATION. 23164 CITY OF CHASKA GOLF COURSE FEES-SUMMER SKILL DEVELOPMENT 348.00 PROGRAM. 23165 CITY SIGNS VEHICLE REFLECTIVE DECALS-EQUIPMENT 107. 11 MAINTENANCE. 23166 JAMES G CLARK JULY 94 CAR ALLOWANCE-POLICE DEPT. 200.00 23167 CLEAN SWEEP INC FIRE LANE STRIPING-COMMUNITY CENTER. 153.90 23168 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-CITY CENTER POST CONSTRUCTION/ 8398.00 PRELIMINARY DESIGN FOR MAINSTREET IMPROVEMENTS. 23169 CO2 SERVICES PROPANE/CYLINDER RENTAL-COMMUNITY CENTER. 135.47 23170 JOHN CONLEY OFFICE SUPPLIES-POLICE DEPT. 15.38 23171 CONNEY SAFETY PRODUCTS SAFETY GLASSES-SAFETY DEPT. 172.27 23172 CONTINENTAL SAFETY EQUIP INC RAINCOATS-STREET MAINT/RAIN PANTS/RAIN 187.96 JACKETS/GLOVES-PARK MAINT. 23173 COOPERS & LYBRAND 50 % OF STATE SALES TAX REFUND-FINANCE 922.25 DEPT. 23174 JEFFREY CORDES MILEAGE-FORESTRY DEPT. 196.84 23175 TODD CRAVEN PLUMBING & BLDG MATERIALS/REFRIGERATOR- 1844. 14 HOUSING REHABILITATION PROGRAM. 23176 CURTIS INDUSTRIES INC DRILL BITS-EQUIPMENT MAINTENANCE. 516.50 23177 LESTER J DALBEC ROOFING MATERIALS-HOUSING REHABILITATION 879.00 PROGRAM. 3341300 AUGUST 2, 1994 5. AUGUST 2, 1994 VI 23178 DANKO EMERGENCY EQUIPMENT CO SMOKE FLUID/AIR PRESSURE GAUGES-FIRE DEPT. 306.59 23179 DE SIGN ER STREET SIGN GRAPHICS-STREET DEPT/SIGN 182. 12 GRAPHICS-PARK MAINTENANCE. 23180 DEPT OF LABOR & INDUSTRY AIR TANK LICENSE-POLICE BUILDING. 10.00 23181 DONS SOD SERVICE PARK GRADING/SOD-PIONEER PARK 1750.01 IMPROVEMENTS. 23182 DORADUS CORPORATION 3RD QTR 94 SIREN MAINTENANCE AGREEMENT- 858.00 CIVIL DEFENSE DEPT. 23183 JANET DUBOIS FAMILY CAMPING/MOTOR CHILD CANOE TRIP 275.00 INSTRUCTOR-OUTDOOR CENTER PROGRAMS/FEES PAID. 23184 EASTMAN KODAK COMPANY COPIER MAINTENANCE AGREEMENT-CITY HALL. 451 .99 23185 EASY STRIDE SKATE SCHOOL IN-LINE SKATING INSTRUCTOR-JULY 4TH 300.00 CELEBRATION. 23186 ECOLAB PEST ELIMINATION DIV JULY 94 PEST CONTROL SERVICE-FIRE 186.22 STATIONS/SENIOR CENTER. 23187 E P APPLIANCE SERVICE ICE MAKER REPAIR-FIRE STATION. 113.44 23188 EDEN PRAIRIE CHAMBER OF COMMERCE MEETING EXPENSES-CITY STAFF. 77.00 23189 EDEN PRAIRIE FORD PLUG OIL/GASKET/BELT ASSEMBLIES-EQUIPMENT 155.80 MAINTENANCE. 23190 E P GROCERY EXPENSES-POLICE DEPT. 53.20 23191 EGGHEAD SOFTWARE WINDOWS SOFTWARE-HUMAN RESOURCES DEPT/ 1050.69 EQUIPMENT MAINTENANCE. 23192 EKLUNDS TREE & BRUSH DISPOSAL JUNE 94 BRUSH DISPOSAL-FORESTRY DEPT. 495.00 23193 KIM ELLIOTT SAFETY CAMP INSTRUCTOR/FEES PAID. 238.00 23194 CHRIS ENGER JULY 94 CAR ALLOWANCE-COMMUNITY 200.00 DEVELOPMENT DEPT. 23195 ESI COMMUNICATIONS INC PHONE REPAIR-POLICE DEPT. 64.00 23196 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 86.49 23197 FEDERAL EXPRESS CORPORATION POSTAGE-CITY HALL. 31 .00 23198 LINDA KLOECKNER WINDOW PAINTING SERVICE-JULY 4TH 200.00 CELEBRATION. 23199 FOX MCCUE & MURPHY AUDIT & ACCOUNTING SERVICES-FINANCE DEPT. 14393.52 23200 PAUL R FRANK SOFTBALL OFFICIAL/FEES PAID. 340.00 23201 FRANKLIN QUEST CO OFFICE SUPPLIES-FACILITIES DEPT. 38.23 23202 LYNDELL FREY MILEAGE-PROGRAM SUPERVISOR/GAS-SPECIAL 231 .72 TRIPS & EVENTS PROGRAM. 23203 G T LAWN SERVICE JUNE 94 LAWN SERVICE-PLEASANT HILLS 300.00 CEMETERY. 23204 GARDNER HARDWARE CO CONVEX STOPS-COMMUNITY CENTER. 22.67 23205 GARTNER REFRIGERATION & MFG INC FREON LEAK REPAIR/VALVE PACKING LEAKS 566.60 REPAIRED-COMMUNITY CENTER. 23206 G E CAPITAL AUGUST 94 COPIER RENTAL-SENIOR CENTER. 134.75 23207 GOVERNMENT TRAINING SERVICE SCHOOL-POLICE DEPT. 601 .00 23208 W W GRAINGER INC KEY RINGS/PIPE SEALANT/TEFLON TAPE- 159.30 EQUIPMENT MAINTENANCE. 23209 GTE DIRECTORIES CORP ADVERTISING-LIQUOR STORES. 46.00 23210 KARLA GUIMONT SAFETY CAMP INSTRUCTOR/FEES PAID. 238.00 23211 GUNNAR ELECTRIC CO INC INSTALLED POWER IN AMPTHEATRE BUILDING- 3431 .73 STARING LK PARK. 2758807 AUGUST 2, 1994 6. AUGUST 2, 1994 VI 23212 THE HARRIS-BILLINGS CO CONCEALED LOCK/BARREL NUTS-COMMUNITY 21 .37 CENTER. 23213 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION DEPT. 61 .60 23214 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 1715.00 DEVELOPMENT DEPT. 23215 HENNEPIN COUNTY TREASURER LATHS-PARK MAINTENANCE. 105.70 23216 HENNEPIN COUNTY TREASURER JUNE 94 WASTE DISPOSAL-PARK MAINTENANCE. 529. 19 23217 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT-BLDG 26.00 INSPECTIONS DEPT. 23218 DAVID HIBBISON SOFTBALL OFFICIAL/FEES PAID. 221 .00 23219 HIRSHFIELDS PAINT MFG FIELD MARKING PAINT-PARK MAINTENANCE. 583.09 23220 KERRY HOFFSTROM SAFETY CAMP INSTRUCTOR/FEES PAID. 240.00 23221 JOHNSON CONTROLS AIR COMPRESSOR REPAIR-COMMUNITY CENTER. 99.00 23222 E F JOHNSON CO PORTABLE PHONES/BATTERIES/CHARGERS/BELT 4994.51 LOOPS/SWIVELS/BELT CLIPS-FACILITIES DEPT. 23223 JUSTUS LUMBER CO TREATED TIMBERS-PURGATORY CREEK TRAIL. 1383.44 23224 HEATHER KOHNEN SUPPLIES-ARTS CAMP PROGRAM. 62.79 23225 RON KRUEGER & ASSOC INC SERVICE-FINAL PLAT & REVISIONS-MILLER 336.00 PARK IMPROVEMENTS. 23226 JILL KUYAVA BASKETBALL OFFICIAL/FEES PAID. 59.50 23227 TERRY KUCERA MILEAGE/EXPENSES-HUMAN RESOURCES DEPT. 51 .95 23228 LAB SAFETY SUPPLY LATEX GLOVES-CITY CENTER. 18.04 23229 LAKE COUNTRY DOOR INSULATED WINDOW & INSTALLATION-FIRE 152.92 STATION. 23230 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 943. 15 23231 ROBERT LAMBERT EXPENSES/JULY 94 CAR ALLOWANCE-PARK & 202.00 RECREATION DEPT. 23232 LANO EQUIPMENT INC CAPS/COUPLER-EQUIPMENT MAINTENANCE. 41 .03 23233 LANG PAULY & GREGERSON LTD JUNE 94 PROSECUTION SERVICE-POLICE DEPT. 7958.20 23234 LANDSCAPE JUNCTION REFUND-BUILDING PERMIT. 16.00 23235 J H LARSON ELECTRICAL CO STREET LIGHT LAMPS-STREET DEPT. 180.20 23236 TAMMY LARSON REFUND-OVERPAYMENT UTILITY BILLING. 41 .42 23237 LAW ENFORCEMENT OPPORTUNITIES INC DUES-HUMAN RESOURCES DEPT. 10.00 23238 L MCI T LIABILITY INSURANCE FOR 1-494 CORRIDOR 60619.00 COMMISSION/SHARED SERVICES. 23239 L LEHMAN & ASSOCIATES INC JUNE 94 SERVICE-FLYING CLOUD LANDFILL. 1359.02 23240 BILL LEMPESIS MILEAGE-LIQUOR STORE II. 150.36 23241 DAVID LINDAHL EXPENSES/MILEAGE-COMMUNITY DEVELOPMENT 19.51 DEPT. 23242 LINHOFF CORPORATE COLOR FILM PROCESSING-HISTORICAL INTERPRETATION 30. 14 PROGRAM. 23243 LOGIS JUNE 94 SERVICE. 11703.35 23244 JOHN LUNN MILEAGE-LIQUOR STORE II. 61 .60 23245 LUSIAN ELECTRIC INSTALLED BEER COOLER CIRCUIT-LIQUOR 177.74 STORE I. 23246 RODERICK MACRAE TYPEWRITER REPAIR/STAMPS/SNOWSHOE RENTAL/ 279.40 MEETING EXPENSES/OFFICE SUPPLIES/TENT/ TENT REPAIR/MAP/KEYS/TELEPHONE CORD/TRAIL BLAZE & BLUEBIRD BOX MATERIALS-OUTDOOR CENTER PROGRAMS. 9445322 AUGUST 2, 1994 7. AUGUST 2, 1994 VI 23247 KEITH MAREK SERVICE-INTERNSHIP-YOUTH PROGRAM 200.00 SUPERVISOR. 23248 MARKS HWY 5 AMOCO GAS-EQUIPMENT MAINTENANCE. 41 .00 23249 MARTIN-MCALLISTER STRESS TESTS-POLICE DEPT. 306.00 23250 MASTER CRAFT LABELS INC JUNIOR POLICE OFFICER LABELS-POLICE DEPT. 292.88 23251 MASYS CORPORATION AUGUST 94 COMPUTER HARDWARE & SOFTWARE 1429.70 MAINTENANCE AGREEMENT-POLICE DEPT. 23252 SUE MCCARVILLE MILEAGE-COMMUNITY CENTER ADMINISTRATION. 63.00 23253 MCKAY FLOOR COVERING CARPET & INSTALLATION-STREET MAINTENANCE. 557.54 23254 MEDICINE LAKE TOURS TOUR FEES-ADULT PROGRAMS/FEES PAID. 701 .50 23255 METRO PAPER RECOVERY INC 2ND QTR 94 RECYCLING CONTAINER RENTAL- 45.00 POLICE BLDG. 23256 METRO SALES INC INK/TONER-RECREATION ADMINISTRATION DEPT. 249.84 23257 MIDWEST ASPHALT CORP GRAVEL/SEALCOATING/WASTE DISPOSAL-PARK 1179.40 MAINT/STREET MAINT. 23258 MINNEAPOLIS HEALTH DEPT LAB TESTS-POLICE DEPT. 60.40 23259 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-POLICE DEPT/CITY HALL. 1082.67 23260 MIDWEST MACHINERY INC RODS/COTTER PINS/NUTS/SEALS/CATALOG- 371 . 14 EQUIPMENT MAINT/PIN-PARK MAINT. 23261 MIDWEST SEEDER INC SEED & HYROMULCH-TEMAN/MARKET CENTER SITE. 2204.75 23262 MINNESOTA BUSINESS FORMS ENVELOPES/LETTERHEAD/BUSINESS CARDS. 2918.78 23263 MN CITY COUNTY MGMT ASSN DUES-CITY MANAGER. 82.50 23264 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHER/BRACKET/FIRE 129.96 EXTINQUISHER RECHARGING/O-RINGS-FIRE DEPT. 23265 MINUTEMAN PRESS REPORT COVER STOCK PAPER-POOL LESSONS. 21 .30 23266 MOORE MEDICAL CORP 1ST AID RESCUE EQUIPMENT-FIRE DEPT. 137.90 23267 MTI DISTRIBUTING CO REPLACED BEARINGS & DUST SHIELD-EQUIPMENT 137.49 MAINTENANCE. 23268 RENEE MUELLER REFUND-SWIMMING LESSONS-ADAPTIVE 5.00 RECREATION PROGRAM. 23269 WM MUELLER & SONS INC GRAVEL/CRACKFILL-STREET MAINT/PARK MAINT. 2550.00 23270 NATIONAL BUSINESS FURNITURE INC CHAIR-BUILDING INSPECTIONS DEPT. 294.00 23271 NATIONAL CAMERA EXCHANGE POLAROID MINIPORTRAIT CAMERA/TRIPOD- 975.04 COMMUNITY SERVICES DEPT. 23272 NATL FIRE PROTECTION ASSN TRAINING VIDEO-FIRE DEPT. 56.90 23273 NATIONAL SAFETY COUNCIL DATA PROCESSING SOFTWARE-POLICE DEPT. 186.38 23274 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-HUMAN RESOURCES DEPT. 688.06 23275 NCR CORPORATION CASH REGISTER & PRINTER MAINTENANCE 470.00 AGREEMENT-COMMUNITY CTR ADMINISTRATION. 23276 NICHOLSON CO GASKETS/THERMOSTAT/FUEL PUMP-EQUIPMENT 76.56 MAINTENANCE. 23277 BETH NILSSON SKATING DIRECTOR/FEES PAID. 2342.93 23278 NORTH CENTRAL BUILDERS REFUND-OVERPAYMENT BUILDING PERMITS. 321 .75 23279 NORTHERN WATER WORKS SUPPLY PRESSURE REGULATORS-WATER DEPT. 5559.30 23280 NORWEST INVESTMENT SERVICES INC MAINTENANCE FEES-FINANCE DEPT. 52.00 23281 OHLIN SALES INC OPTIMIZER REPAIR-FIRE DEPT. 159. 13 23282 SARA OLSON MILEAGE-RINK MONITOR PROGRAM/EXPENSES- 90.02 SPECIAL TRIPS & EVENTS PROGRAM/PRESCHOOL PLAYGROUND PROGRAM. 23283 SCOTT OMMEN MILEAGE-FORESTRY DEPT. 133.56 2617338 AUGUST 2, 1994 8. AUGUST 2, 1994 VI 23284 OPM INFORMATION SYSTEMS PRINTER REPAIR-COMMUNITY CENTER/ 8401 .46 TYPEWRITER REPAIR-ASSESSING DEPT/PRINTER- $605-FINANCE DEPT/LASERJET 4SI PRINTER- $5672-CITY WIDE NETWORK/PRINTER SET-UP- FINANCE DEPT. 23285 RON OTTERNESS OUTDOOR CENTER PROGRAMS INSTRUCTOR/FEES 240.00 PAID. 23286 OTTING HOUSE MOVERS RELEASE OF HOUSE MOVING FUND DEPOSIT. 1000.00 23287 OWENS SERVICES CORPORATION WATER TESTING KIT-COMMUNITY CENTER 128.90 MAINTENANCE. 23288 PARKSIDE PRINTING INC PRINTING NEWSLETTER-SENIOR PROGRAMS. 567. 13 23289 J C PENNEY UNIFORMS-POLICE DEPT. 283.80 23290 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION. 24.64 23291 PLEHAL BLACKTOPPING INC SERVICE-BLACKTOPPING DRIVEWAY-HOUSING 2650.00 REHABILITATION PROGRAM. 23292 PRAIRIE CYCLE & SKI 2 CORRAD BICYCLES-POLICE DEPT. 2289.75 23293 PRAIRIE ELECTRIC COMPANY INC RINK COMPRESSOR MOTORS REPAIRED/RINK 1481 .35 LIGHTS REPAIRED-COMMUNITY CENTER. 23294 PRAIRIE LAWN & GARDEN CORD-FACILITIES DEPT/HUBS-PARK MAINT. 64.42 23295 PRAIRIE OFFSET PRINTING PRINTING FLYERS-PROGRAM SUPERVISOR. 704. 12 23296 PRAIRIE VIEW FRAMING CO FRAMING SERVICE-POLICE DEPT. 71 .35 23297 PRINTERS SERVICE INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER. 154.0G 23298 PRO-CUT JUNE MOWING SERVICE-PARK MAINTENANCE. 586.82 23299 JERRY PRODOEHL MEETING EXPENSES-STREET MAINTENANCE. 16.95 23300 PROFILE EVALUATIONS INC EMPLOYEE SELECTION MATERIALS-HUMAN 479.25 RESOURCES DEPT. 23301 QUALITY WASTE CONTROL INC JULY 94 WASTE DISPOSAL-FACILITIES DEPT/ 642.30 LIQUOR STORE II. 23302 RAINBOW FOODS EXPENSES-OUTDOOR CENTER PROGRAMS/POOL 139.7E SPECIAL EVENTS PROGRAM. 23303 JIM RICHARDSON MATTED & FRAMED STATEMENTS-HUMAN 60.00 RESOURCES DEPT. 23304 RICOH CORPORATION JULY & AUGUST COPIER MAINTENANCE 1253.72 AGREEMENTS-CITY HALL. 23305 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-RILEY LAKE PK CONSTRUCTION. 3854. 12 23306 ROAD MACHINERY & SUPPLIES CO PUMP-EQUIPMENT MAINTENANCE. 98.06 23307 AMY ROE MILEAGE-AQUATIC & FITNESS PROGRAM. 99.68 23308 ROLLINS OIL CO UNLEADED FUEL-EQUIPMENT MAINTENANCE. 7024.23 23309 KEVIN ROQUETTE REIMBURSEMENT OF DIFFERENCE BETWEEN CLASS 19.0C A & CLASS C DRIVERS LICENSE. 23310 RUFF-CUT WEED CUTTING SERVICE-FORESTRY DEPT. 40.0C 23311 CITY OF ST PAUL SCHOOL-POLICE DEPT. 450.0C 23312 SALLY DISTRIBUTORS INC TOYS & GAMES-AFTERNOON PLAYGROUND PROGRAM/ 271 . 1C PRESCHOOL PLAYGROUND/JULY 4TH CELEBRATION. 23313 SANCO INC CLEANING SUPPLIES-CITY CENTER/COMMUNITY 511 .77 CENTER. _ 23314 THE SAUNDERS GROUP DESKALATOR/PEN/SPORT BAGS-SAFETY DEPT. 120. 1E 23315 DENNIS SCHIMMEL VOLLEYBALL OFFICIAL/FEES PAID. 51 .00 23316 COLIN D SCHMIDT LICENSE FEE-ASSESSING DEPT. 25.0C 23317 KEVIN SCHMIEG MAY & JUNE 94 CAR ALLOWANCE-BLDG 400.0G INSPECTIONS DEPT. 3420392 AUGUST 2, 1994 9. AUGUST 2, 1994 VI 23318 SCHULTIES PLUMBING REFUND-PLUMBING PERMIT/METER. 471 .00 23319 SEVEN SEAS YACHTS DRAIN PLUGS/RUDDER SPRINGS/CAULKING-ROUND 244.82 LK MARINA. 23320 SKYWAY TENT RENTAL INC TENT/STAGES & COVERS RENTAL-JULY 4TH 2335.55 CELEBRATION. 23321 PETER N SMITH VOLLEYBALL OFFICIAL/FEES PAID. 204.00 23322 W GORDON SMITH CO DIESEL FUEL-CIVIL DEFENSE DEPT/MOTOR OIL- 449.96 EQUIPMENT MAINT/GREASE-PARK MAINTENANCE. 23323 SNAP-ON TOOLS CORPORATION IMPACT WRENCH/ADAPTOR/COUPLERS-EQUIPMENT 229.59 MAINTENANCE. 23324 SNYDER DRUG KEY-POLICE DEPT. 5.50 23325 SNYDER DRUG CLOTHESPINS/1ST AID SUPPLIES-PRESCHOOL 66.94 PLAYGROUND/BATTERIES-HISTORICAL & CULTURAL COMMISSION/VHS HEAD CLEANER- MEETING ROOMS-COMMUNITY CTR. 23326 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-ASSESSING DEPT/POLICE DEPT/ 404.65 COMMUNITY CENTER. 23327 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL/ADVERTISING- 1800.02 JULY 4TH CELEBRATION/STARING LK CONCERT SERIES-HISTORICAL & CULTURAL COMMISSION. 23328 MARY SPILLES VOLLEYBALL OFFICIAL/FEES PAID. 255.00 23329 DAVID STROOTMAN MILEAGE-FORESTRY DEPT. 161 .84 23330 JEAN STRAIT CANOEING INSTRUCTOR-OUTDOOR CTR PROGRAMS/ 182.00 FEES PAID. 23331 STREICHERS PROFESSIONAL POLICE EQ SEMI-AUTOMATIC RIFE-$773-POLICE 2100.53 FORFEITURE DRUGS/VIPER SYSTEM STROBES/ OVERHEAD CONSOLE-EQUIPMENT MAINT/ AMMMUNITION/UNIFORMS-POLICE DEPT. 23332 SUPER JUMP SUPER JUMPS RENTAL-JULY 4TH CELEBRATION. 350.00 23333 SUTPHEN CORPORATION LADDER TRUCK SERVICE-FIRE DEPT. 900.00 23334 SWANSON HARDWARE CO SLIDER-FIRE STATION. 10.85 23335 NATALIE SWAGGERT JULY 94 CAR ALLOWANCE-HUMAN RESOURCES 200.00 DEPT. 23336 TARGET STORES CAMERA-SAFETY DEPT. 297. 14 23337 TARPS REPAIR & MFG INC TARP REPAIR-EQUIPMENT MAINTENANCE. 17.66 23338 TOM TESCH MOTOROLA HANG UP CUP-STREET DEPT. 15.98 23339 JEANE THORNE INC SERVICE-BLDG INSPECTIONS/SAFETY & 492. 10 FACILITIES DEPT. 23340 TRUGREEN-CHEMLAWN-MTKA LAWN SERVICE-FACILITIES DEPT. 434.63 23341 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE/HELIUM-EQUIPMENT 110.40 MAINTENANCE. 23342 TWIN CITY VACUUM VACUUM CLEANER BAGS-FIRE STATION. 85. 15 23343 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT. 58.73 23344 UNIFORMS UNLIMITED UNIFORMS-BLDG INSPECTIONS DEPT/SCREAMER 325.74 SONIC ALARM-WATER DEPT. 23345 VALERIES FRESH FLOWERS EXPENSES-CITY HALL. - 73.22 23346 VOSS LIGHTING LIGHT BULBS-COMMUNITY CENTER. 65.39 23347 WATER SPECIALTY OF MN-INC LIQUID CHLORINE/TEST TABLETS/RATCHET 623.92 WRENCHES/WALL BRUSH/CHEMICALS-POOL OPERATIONS-COMMUNITY CENTER. 1297231 AUGUST 2, 1994 10. AUGUST 2, 1994 VI 23348 WATERPRO PVC PIPE GASKETS-PARK MAINTENANCE. 279.36 23349 WBCS MAP REPRINTS-COMMUNITY CENTER BROCHURE/ 62.75 FORMS-HISTORICAL INTERPRETATION PROGRAM. 23350 SANDRA F WERTS TICKETS-ADULT & SENIOR PROGRAMS/FEES PAID/ 86.06 MILEAGE-SENIOR CENTER. 23351 WEST WELD SOLDER WIRE-EQUIPMENT MAINTENANCE. 136.31 23352 WESTSIDE EQUIPMENT INSTALLATION OF HEAVY DUTY LIFT CONTROL 2038.00 BOX W/RATCHET & CHAIN PISTON ADJUSTER- EQUIPMENT MAINT. 23353 ZACKS INC GLASS CLEANER-EQUIPMENT MAINTENANCE. 31 .63 23354 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-ROUND LK BEACH & MARINA/ 183.33 RECREATION ADMINISTRATION/COMMUNITY CTR. 11000 AMERICAN BANK BOND PAYMENTS. 182742.50 11000 FIRST TRUST NATL ASSN BOND PAYMENTS. 266220.24 11000 FIRST TRUST NATL ASSN BOND PAYMENTS. 404893.75 11000 NORWEST BANK MN N A BOND PAYMENTS. 853497.55 22000 MN DEPT OF REVENUE PAYROLL 06-24-94. 17927.77 22000 MN DEPT OF REVENUE PAYROLL 07-08-94. 18228.93 33000 CITY COUNTY CREDIT UNION PAYROLL 07-08-94. 9845.46 33000 CITY COUNTY CREDIT UNION PAYROLL 07-22-94. 9885.46 44000 MN DEPT OF REVENUE JUNE 94 2ND HALF SALES TAX. 13806.00 22500 VOID OUT CHECK 2180.00- 22525 VOID OUT CHECK 25.0C- 22679 VOID OUT CHECK 75.00- 22703 VOID OUT CHECK 20.08- 22746 VOID OUT CHECK 88.39- 22804 VOID OUT CHECK 344.86- 22921 VOID OUT CHECK 128.07- 177700370 $2412311 .29 AUGUST 2, 1994 11 . AUGUST 16, 1994 VI 23355 CARVER COUNTY COURTHOUSE PAYROLL 07-22-94. 49.37 23356 CITIBANK-SOUTH DAKOTA-N A PAYROLL 07-22-94. 200.00 23357 FEDERAL RESERVE BANK PAYROLL 07-22-94. 450.00 23358 GREAT-WEST LIFE & ANNUITY PAYROLL 07-22-94. 7939.00 23359 HEALTHPARTNERS AUGUST 94 HEALTH INSURANCE PREMIUM. 21792.78 23360 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 07-22-94. 240.49 23361 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 07-22-94. 298.00 23362 ICMA RETIREMENT TRUST-457 PAYROLL 07-22-94. 4188.53 23363 INTERNAL REVENUE SERVICE PAYROLL 07-22-94. 32.00 23364 MEDICA CHOICE AUGUST 94 HEALTH INSURANCE PREMIUM. 49392.72 23365 MN DEPT OF REVENUE PAYROLL 07-22-94. 200.00 23366 MN STATE RETIREMENT SYSTEM PAYROLL 07-22-94. 62.00 23367 MN TEAMSTERS CREDIT UNION PAYROLL 07-22-94. 25.00 23368 EXECUTIVE DIRECTOR-PERA PAYROLL 07-22-94. 122.50 23369 EXECUTIVE DIRECTOR-PERA PAYROLL 07-22-94. 225.00 23370 EXECUTIVE DIRECTOR-PERA PAYROLL 07-22-94. 38728.59 23371 UNITED WAY PAYROLL 07-22-94. 215.55 23372 CAROL BROAD ENTERTAINMENT-STARING LK CONCERT SERIES- 250.00 HISTORICAL & CULTURAL COMMISSION. 23373 RANEE RAMASWAMY ENTERTAINMENT-STARING LK CONCERT SERIES- 350.00 HISTORICAL & CULTURAL COMMISSION. 23374 MARY ELLEN BROWN ENTERTAINMENT-STARING LK CONCERT SERIES- 100.00 HISTORICAL & CULTURAL COMMISSION. 23375 CYRIL PAUL ENTERTAINMENT-JULY 4TH CELEBRATION/ 725.00 STARING LK CONCERT SERIES-HISTORICAL & CULTURAL COMMISSION. 23376 MARY BETH CARLSON ENTERTAINMENT-STARING LK CONCERT SERIES- 400.00 HISTORICAL & CULTURAL COMMISSION. 23377 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/COMPLIMENTARY 784.87 CONCESSION COUPONS-JULY 4TH CELEBRATION/ EXPENSES-HISTORICAL & CULTURAL COMMISSION. 23378 MINNESOTA COMMERCE DEPT NOTARY COMMISSION FEE-FINANCE DEPT. 40.00 23379 APPLEBEES GRILL & BAR GIFT CERTIFICATE-SAFETY INCENTIVE PROGRAM- 25.00 SAFETY DEPT. 23380 UNITED WAY CONFERENCE-SENIOR CENTER. 10.00 23381 SUPPLEES 7 HI ENTER INC AUGUST 94 RENT-LIQUOR STORE II. 5112.89 23382 WELSH COMPANIES NC AUGUST 94 RENT-LIQUOR STORE III. 6411 .85 23383 EAGLE WINE CO WINE. 1733.49 23384 GRIGGS COOPER & CO INC LIQUOR & WINE. 21510.69 23385 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE. 19016. 19 23386 PAUSTIS & SONS CO MIX. 55.00 23387 ED PHILLIPS & SONS CO LIQUOR & WINE. 24415.74 23388 PRIOR WINE CO WINE. 3174.92 23389 QUALITY WINE & SPIRITS CO LIQUOR & WINE. 8187.37 23390 THE WINE COMPANY WINE. 122.46 23391 MINNEGASCO SERVICE. 5196.71 23392 NORTHERN STATES POWER CO SERVICE. 933.52 23393 U S WEST COMMUNICATIONS SERVICE. 5214.50 23394 BERKLEY ADMINISTRATORS FEE-DISCOUNT BUYING OF SAFETY RELATED 10.00 ITEMS-SAFETY DEPT. 22794173 AUGUST 16, 1994 1 . AUGUST 16, 1994 VI 23395 DEPT OF PUBLIC SAFETY HANDICAPPED STICKER PERMIT FEE-RECREATION 5.00 SUPERVISOR. 23396 CHICAGO CONVENTION & TOURISM SURE DEPOSIT FOR CONFERENCE LODGING- 118.00 ADMINISTRATION DEPT. 23397 ICMA CONFERENCE REGISTRATION CONFERENCE-ADMINISTRATION DEPT. 578.00 23398 PETTY CASH EXPENSES-HUMAN RESOURCES DEPT/FINANCE 66.01 DEPT/ENGINEERING DEPT/BLDG INSPECTIONS DEPT/EQUIPMENT MAINT/COMMUNITY DEVELOPMENT DEPT/POOL LESSONS/SENIOR CENTER/ADAPTIVE RECREATION DEPT/WATER DEPT. 23399 VERTICAL ENDEAVORS ACTIVITY FEE-TEEN WORK PROGRAM/FEES PAID. 196.00 23400 GASOLINE ALLEY TICKETS-TEEN WORK PROGRAM/FEES PAID. 130.00 23401 TRACY AASHEIM REFUND-IN-LINE SKATING LESSONS. 15.00 23402 JAN BECKSTROM REFUND-SWIMMING LESSONS. 26.00 23403 JOSH DINGMAN REFUND-ROCKCLIMSING LESSONS. 39.00 23404 SANDRA EASTWOOD REFUND-ADULT SWIMMING LESSONS. 23.00 23405 KATHY EMERSON REFUND-WATER SPORTS FUN & GAMES ACTIVITY. 15.00 23406 MARY EMERY REFUND-AQUA AEROBICS CLASS. 30.00 23407 BOBBI GRAY REFUND-RACQUETBALL LESSONS. 18.00 23408 DENNIS HAYES REFUND-SWIMMING LESSONS. 21 .00 23409 DAVID HESTER REFUND-ADULT MEMBERSHIP FEE. 62.90 23410 JOSHUA HEWITT REFUND-EMERGENCY WATER SAFETY PROGRAM. 23.00 23411 KIM HILL REFUND-AQUA AEROBICS LESSONS. 30.00 23412 BONNIE HINCH REFUND-SWIMMING LESSONS. 21 .00 23413 TAMMY KLITZKE REFUND-BEFORE & AFTER CARE SPORTS CLASS/ 82.00 ACTIVITY CAMP. 23414 SUSAN KOVALA REFUND-ADULT SWIMMING LESSONS. 23.00 23415 ELIZABETH MADSON REFUND-WATER SPORTS FUN & GAMES ACTIVITY. 15.00 23416 KARA MEYERS REFUND-WATER SPORTS FUN & GAMES ACTIVITY. 18.00 23417 CHARLOTTE NICHOLS REFUND-WATER SPORTS FUN & GAMES ACTIVITY. 15.00 23418 D NILSON REFUND-SWIMMING LESSONS. 22.00 23419 JOAN OLSON REFUND-PRESCHOOL PLAYGROUND/SKATING 52.00 LESSONS. 23420 KATHIE SHELDON REFUND-AQUA AEROBICS. 24.00 23421 BARBARA STUCKEL REFUND-SWIMMING LESSONS. 24.00 23422 KRIS THAYER REFUND-SWIMMING LESSONS. 18.00 23423 PAULA VANDELAARSCHOT REFUND-SOCCER CAMP. 31 .00 23424 LAURA WEUM REFUND-YOUTH TENNIS LESSONS. 19.00 23425 AQUA ENGINEERING INC COUPLINGS-PARK MAINTENANCE. 10.47 23426 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 943. 11 23427 METROPOLITAN WASTE CONTROL COMMIS ADDITIONAL JUNE 94 SAC CHARGES. 360.00 23428 P & H WAREHOUSE SALES INC BUSHINGS/COUPLINGS/ADAPTERS-PARK 75.09 MAINTENANCE. 23429 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 152.00 23430 WHITEWATER BLUEGRASS BAND ENTERTAINMENT-STARING LK CONCERT SERIES- 350.00 HISTORICAL & CULTURAL COMMISSION. 23431 TONIC SOL-FA L C ENTERTAINMENT-STARING LK CONCERT SERIES- 700.00 HISTORICAL & CULTURAL COMMISSION. 23432 PATRICIA HAYNES ENTERTAINMENT-STARING LK CONCERT SERIES- 350.00 HISTORICAL & CULTURAL COMMISSION. 470058 AUGUST 16, 1994 2. AUGUST 16, 1994 VI 23433 ANDY LACASSE ENTERTAINMENT-STARING LK CONCERT SERIES- 200.00 HISTORICAL & CULTURAL COMMISSION. 23434 DELEGARD TOOL CO CORDLESS DRILL-EQUIPMENT MAINTENANCE. 76. 19 23435 MINNESOTA VALLEY ELECTRIC COOPERA SERVICE. 63. 10 23436 U S WEST CELLULAR INC SERVICE. 46.77 23437 NORTHERN STATES POWER COMPANY SERVICE. 39385.75 23438 JOHN SAMS COMPUTER SUPPLIES-CITY HALL. 39.07 23439 GENUINE PARTS COMPANY TAPE/GASSHOCKS/CALIPERS/BATTERIES/ 2099.90 EXTENSION PIPES/MUFFLERS/TAILPIPES/ SWITCHES/HOSE ENDS/RESISTORS/OIL SEALS/ CIGARETTE LIGHTER/DUCT TAPE/GLOVES/AIR FILTERS/FITTINGS/AIR & OIL FILTERS/ MARKERS/TRANSMISSION POINTS/SPARK PLUGS/ BEARINGS/BRAKE HARDWARE/U-BOLTS//V-BELTS/ DISC SETS/HITCH/LAMPS/BUMPER/BLOW GUN/ WIRE/FLOOR MATS/REFLECTORS-FIRE DEPT/ EQUIPMENT MAINT/SEWER DEPT. 23440 JIM STUKEL BOUNDARY WATERS CANOE GUIDE-SPECIAL TRIPS 770.00 & EVENTS PROGRAM/FEES PAID. 23441 MN DEPT OF REVENUE JULY 94 FUEL TAX. 365.00 23442 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-REMODELING SENIOR CITIZENS CENTER/ 3002.24 PRELIMINARY DESIGN FOR MAINSTREET IMPROVEMENTS. 23443 AMY HOBLIT SERVICE-TEEN WORK PROGRAM. 29. 15 23444 NORTHERN WATER WORKS SUPPLY PRESSURE REGULATORS-WATER DEPT. 5220.00 23445 EDIE ANDERSON REFUND-IZATYS TRIP-ADULT PROGRAMS. 115.00 23446 JAMES BINA REFUND-SWIMMING LESSONS. 18.00 23447 TANA DIETZLER REFUND-ROCKCLIMBING-OUTDOOR CENTER 39.00 PROGRAM. 23448 APRIL DIKE REFUND-YOUTH TENNIS LESSONS. 4.00 23449 KATHY FISHER REFUND-MUNCHKIN TENNIS LESSONS. 20.68 23450 LINDA HUMPHREY REFUND-YOUTH SAILING LESSONS. 13.00 23451 MARTHA KLAAS-BAKER REFUND-SWIMMING LESSONS. 24.00 23452 MARILYN KRASS REFUND-PRESCHOOL PLAYGROUND PROGRAM. 50.00 23453 SHARON KUSTRITZ REFUND-YOUTH RACQUETBALL LESSONS. 18.00 23454 VIOLET LAPPIN REFUND-IZATYS TRIP-ADULT PROGRAMS. 115.00 23455 SUE MEYERS REFUND-ACTIVITY CAMP. 59.00 23456 REBECCA MOBARRY REFUND-SWIMMING LESSONS. 24.00 23457 ANNETTE RACHEL REFUND-SWIMMING LESSONS. 21 .00 23458 LOUISE SCHURLE REFUND-SWIMMING LESSONS. 21 .00 23459 MERITA STEINBRUECK REFUND-SOCCER CAMP. 34.00 23460 ANN THOLEN REFUND-SOCCER CAMP. 31 .00 23461 HOKANSON PLUMBING REFUND-PLUMBING PERMIT. 83.50 23462 GENZ RYAN REFUND-MECHANICAL PERMITS/PLUMBING PERMIT. 287.75 23463 U S WEST COMMUNICATIONS SERVICE. 2532.46 23464 HOPKINS PLUMBING REFUND-PLUMBING PERMIT. 51 .00 23465 FBS MORTGAGE CORP PARTIAL RELEASE OF MORTGAGE FEE-STORM 100.00 DRAINAGE PROGRAM. 23466 HENNEPIN COUNTY TREASURER JULY 94 WASTE MANAGEMENT FEE-PARK 119.54 MAINTENANCE. 5507810 AUGUST 16, 1994 3. AUGUST 16, 1994 VI 23467 JIM RICHARDSON 4 POSTERS FRAMED/PICTURE MATTED-COMMUNITY 232.00 SERVICES DEPT. 23468 NORWEST BANKS MINNESOTA N A PAYROLL 08-05-94. 89751 .09 23469 DAY DISTRIBUTING COMPANY BEER. 10715. 15 23470 EAST SIDE BEVERAGE CO BEER. 23381 .70 23471 MARK VII DISTRIBUTING COMPANY BEER. 13173. 13 23472 MIDWEST COCA COLA BOTTLING CO MIX. 341 . 10 23473 PEPSI COLA COMPANY MIX. 309.64 23474 THORPE DISTRIBUTING COMPANY BEER. 19989.65 23475 MERLINS ACE HARDWARE THREADED SEAL/ROLLER/EXTENSION CORD/ 547.52 STAPLE GUN/STAPLES/UTILITY KNIVES/DRILL BIT/ANCHOR/BOLTS/SIGN/BOW SAW/FUNNELS/ CUTTING OIL/DUCT TAPE/KEYS/INSECT REPELLANT/ADAPTER/CHEMICALS/HOSE/HOSE CLAMPS/CONNECTIONS/SCREWS/PAINT/ROLLERS/ BRUSHES/BOLTS/COVER PLATES/SANDPAPER/ BATTERIES/WASHERS/CAR WAX/BLADES/ANGLE IRONS/PLUNGERS-STREET MAINT/PARK MAINT/ JULY 4TH CELEBRATION/ADAPTIVE RECREATION DEPT/COMMUNITY CENTER. 23476 NORWEST BANK HOPKINS PAYROLLS 07-22-94 & 08-05-94. 1300.00 23477 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-CITY CENTER POST CONSTRUCTION. 13110.79 23478 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/WATER DEPT. 334.02 23479 KELLY BAKER SERVICE-TEEN WORK PROGRAM. 21 .73 23480 DOUG BEACH SERVICE-TEEN WORK PROGRAM. 77.00 23481 ALISHA BEYER SERVICE-TEEN WORK PROGRAM. 47.63 23482 BRENDT BLY SERVICE-TEEN WORK PROGRAM. 28.50 23483 MIKE BORUCKI SERVICE-TEEN WORK PROGRAM. 9.90 23484 KELSEY BUELL SERVICE-TEEN WORK PROGRAM. 61 .80 23485 MIKE CANAVAN SERVICE-TEEN WORK PROGRAM. 55.00 23486 SAM CAREW-JONES SERVICE-TEEN WORK PROGRAM. 88.00 23487 AMY DASCOLA SERVICE-TEEN WORK PROGRAM. 36.30 23488 AARON DEVILLE SERVICE-TEEN WORK PROGRAM. 51 .70 23489 JILL DINNEEN SERVICE-TEEN WORK PROGRAM. 48.40 23490 JOE FARMER SERVICE-TEEN WORK PROGRAM. 86.40 23491 JESSICA FARROW SERVICE-TEEN WORK PROGRAM. 70.95 23492 BRITT FRANDLE SERVICE-TEEN WORK PROGRAM. 53.63 23493 TRAVIS FRISTED SERVICE-TEEN WORK PROGRAM. 22.55 23494 JOSH GARRETT SERVICE-TEEN WORK PROGRAM. 45.65 23495 NATE GARRETT SERVICE-TEEN WORK PROGRAM. 37.40 23496 DUSTIN GAYNOR SERVICE-TEEN WORK PROGRAM. 52.53 23497 MELISSA HAGGENMILLER SERVICE-TEEN WORK PROGRAM. 30.25 23498 KRISTIN HELLGREN SERVICE-TEEN WORK PROGRAM. 64.90 23499 AMY HOBLIT SERVICE-TEEN WORK PROGRAM. 34.65 23500 KATIE KELLEY SERVICE-TEEN WORK PROGRAM. 46.75 23501 KRISTIN KOLANDER SERVICE-TEEN WORK PROGRAM. 90.75 23502 MARIA KNOBLAUCH SERVICE-TEEN WORK PROGRAM. 37.40 23503 ANDY KRUSE SERVICE-TEEN WORK PROGRAM. 29.81 23504 CHRIS KUHLMAN SERVICE-TEEN WORK PROGRAM. 26.40 23505 DAREN LINDAHL SERVICE-TEEN WORK PROGRAM. 45.65 17448742 AUGUST 16, 1994 4. AUGUST 16, 1994 VI 23506 BJORN MCGILLAN SERVICE-TEEN WORK PROGRAM. 58.30 23507 JASON MOE SERVICE-TEEN WORK PROGRAM. 63.25 23508 TARA MOONEY SERVICE-TEEN WORK PROGRAM. 34.65 23509 JOEY MUELLER SERVICE-TEEN WORK PROGRAM. 44.28 23510 JENNIE NEIS SERVICE-TEEN WORK PROGRAM. 28.60 23511 PAUL NIGON SERVICE-TEEN WORK PROGRAM. 19.25 23512 SARAH RING SERVICE-TEEN WORK PROGRAM. 29.70 23513 STEPHEN RINGQUIST SERVICE-TEEN WORK PROGRAM. 37.20 23514 MICHAEL SEVERSON SERVICE-TEEN WORK PROGRAM. 50.60 23515 NICK SMITH SERVICE-TEEN WORK PROGRAM. 20.90 23516 JOHN TAGGATZ SERVICE-TEEN WORK PROGRAM. 70.80 23517 TARRA WAGNER SERVICE-TEEN WORK PROGRAM. 7.70 23518 JASON WONG SERVICE-TEEN WORK PROGRAM. 27.50 23519 JAMIE WOXLAND SERVICE-TEEN WORK PROGRAM. 26.40 23520 MATT WRIGHT SERVICE-TEEN WORK PROGRAM. 55.00 23521 COREY YEAROUS SERVICE-TEEN WORK PROGRAM. 72.05 23522 NICK YOUNGHANS SERVICE-TEEN WORK PROGRAM. 24.20 23523 ABHE AND SVOBODA INC SERVICE-1994 FIRE HYDRANT PAINTING. 13453.90 23524 ASPHALT SURFACE TECHNOLOGIES CORP SERVICE-1994 BITUMINOUS SEALCOATING- 145950.84 STREET MAINT. 23525 BITUMINOUS CONSULTING & CONTRACTI SERVICE-PIONEER PARK IMPROVEMENTS. 6969.80 23526 CM CONSTRUCTION COMPANY INC SERVICE-SENIOR CITIZENS CENTER REMODELING. 7429.00 23527 GOPHER STATE SEALCOAT INC SERVICE-1994 STARING LK PK RECREATIONAL 7200.90 TRAIL SEALCOATING. 23528 S M HENTGES & SONS INC SERVICE-RILEY LAKE PARK IMPROVEMENTS. 195052.29 23529 LAYNE MINNESOTA COMPANY SERVICE-CONSTRUCTION OF WELL #11 & WELL 20371 . 13 #12. 23530 NODLAND CONSTRUCTION CO SERVICE-DELL ROAD & WEST 82ND ST. 145176.91 23531 RYAN CONTRACTING INC SERVICE-RIVERVIEW HEIGHTS. 17844.92 23532 VALLEY PAVING INC SERVICE-DELL ROAD. 41132.43 23533 A TO Z RENTAL CENTER HELIUM TANK/VALVE RENTAL-PRESCHOOL 121 .55 PLAYGROUND PROGRAM/PALLET JACK RENTAL- COMMUNITY CENTER MAINTENANCE. 23534 AABACA MUSIC RACK FOR KEYBOARD RENTAL-HISTORICAL 30.00 & CULTURAL COMMISSION. 23535 ACTION THREADED PRODUCTS NUTS & BOLTS-UTILITIES DIVISION. 208.40 23536 AIRSIGNAL INC PAGER SERVICE-ENGINEERING DEPT/FIRE DEPT/ 120.44 ASSESSING DEPT. 23537 ALTERNATIVE BUSINESS FURNITURE IN WORKSURFACE/WALL TRACKS/DRAFTING TABLE- 641 .00 BUILDING INSPECTIONS DEPT. 23538 AMERICAN LINEN SUPPLY CO UNIFORMS-COMMUNITY CENTER/MATS & TOWELS- 264.26 LIQUOR STORES. 23539 AMERICAN RED CROSS VIDEO FILM RENTAL-OUTDOOR CENTER PROGRAM/ 147. 13 RESCUE MANIKIN RENTALS/TRAINING VIDEO & BOOKLET-POOL OPERATIONS/FITNESS CLASSES. 23540 EARL F ANDERSEN & ASSOC INC SILVER P/S SHEETING/SWING CHAIN/POSTS/ 1200.41 WOOD BARRICADE PANELS-STREET DEPT/PARK MAINT. 23541 ANDERSONS GARDEN EXPENSES-FIRE DEPT. 105. 13 23542 AQUATIC HARVESTERS INC AQUATIC HARVESTER RENTAL AT RED ROCK LK- 900.00 STORM DRAINAGE PROGRAM. 60499082 AUGUST 16, 1994 5. AUGUST 16, 1994 VI 23543 ASPEN EQUIPMENT COMPANY TEMPERATURE GAUGE-EQUIPMENT MAINTENANCE. 60.44 23544 AVR INC SIDEWALK REPLACEMENT-STREET MAINTENANCE. 255.58 23545 B & S TOOLS HAMMER DRILL/EXTENSION/DRILL BITS/PLIERS 468.07 SET/TIN SNIP/AIR HAMMER REPAIR/DIE GRINDER REPAIR/WRENCH/RETHREADER DICS/ HAND BRUSHES/RAZOR SCRAPERS/SOCKET HANDLER/BLOW GUN-WATER DEPT. 23546 BACHMANS EXPENSES-CITY HALL. 48.87 23547 PATRICIA BARKER GLASS FRAMES/GLUE/WIRE BRAD/HANGER/ 40.31 NOTIONS-COMMUNITY SERVICES DEPT. 23548 S H BARLETT COMPANY INC REPAIR KIT-COMMUNITY CENTER MAINTENANCE. 241 .75 23549 BAUER BUILT INC HOSE CLAMPS/POWER STEERING FLUID/BRAKE 240. 11 PADS/BATTERY FLUID-EQUIPMENT MAINTENANCE. 23550 BEAR CREEK ARCHEOLOGY INC SERVICE-CULTURAL RESOURCES SURVEY-MN 3000.00 RIVER VALLEY-BCA #317. 23551 BECKER ARENA PRODUCTS INC SKATE LACES-COMMUNITY CENTER. 178.30 23552 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 630.32 23553 BETH BEUTELL MEETING EXPENSES-HISTORICAL & CULTURAL 21 .99 COMMISSION. 23554 BIFFS INC WASTE DISPOSAL-EQUIPMENT MAINTENANCE. 52.26 23555 BIRCHWOOD LABORATORIES INC RANGE CLEANING SUPPLIES-POLICE DEPT. 116.40 23556 DAVID BLACK MILEAGE-COMMUNITY CTR ADMINISTRATION. 24.36 23557 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-ROUND LAKE PARK. 79.30 23558 BLOOMINGTON LOCK & SAFE CO REPLACE LOCK/CHANGE COMBINATION-FIRE 203.47 STATION/REKEY LOCK-SENIOR CENTER. 23559 BMS INTEGRATED OFFICE TECHNOLOGIE TYPEWRITER MAINTENANCE AGREEMENT- 60.93 COMMUNITY CENTER ADMINISTRATION. 23560 BOBS LAWN & LANDSCAPING INC SERVICE-MOWING CENTER MEDIANS-STREET 500.00 MAINTENANCE. 23561 TOM BUCHNER SERVICE-ONGOING SUPPORT OF QUALITY 2000.00 IMPROVEMENT PLANNING & RELATED ACTIVITIES- CITY HALL. 23562 NATHAN BUCK SOFTBALL OFFICIAL/VOLLEYBALL OFFICIAL/ 340.00 FEES PAID. 23563 BURNSVILLE BEAVER MOUNTAIN WATERP TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 455.00 FEES PAID. 23564 BURGER BROS INC SAFETY ROPE STORAGE-SEWER DEPT. 22.21 23565 CAPITOL COMMUNICATIONS RUBBER BOOT KNOB-POLICE DEPT. 113.96 23566 CARLSON REFRIGERATION CO INC STAND UP COOLER-LIQUOR STORE I. 2350.40 23567 CARSONITE INTL CORP WATER LINE FLAGS-WATER DEPT. 204.07 23568 CBI NA-CON INC SERVICE-WATER TANK CONSTRUCTION. 270360.50 23569 CCP INDUSTRIES INC BATH TOWELS-UTILITIES DIVISION. 206.50 23570 JIM CARLSON LEASING CO PASSENGER VAN RENTAL-OUTDOOR CENTER 169.03 PROGRAM/ACCESSIBLITY PROGRAM. 23571 CEDAR COMPUTER CENTER INC SOFTWARE UPGRADE-COMMUNITY CENTER. 303.53 . 23572 CENTRAIRE INC REWIRED FLAME SENSORS-EATON BLDG/REPLACED 1933.80 COMPRESSOR CONTACTOR/INSTALLED COMPRESSOR- FIRE STATIONS. 23573 CHANHASSEN LAWN & SPORTS LUBRICANT-PARK MAINT/STEEL TRIMMER-WATER 404. 10 DEPT. 28508556 AUGUST 16, 1994 6. AUGUST 16, 1994 VI 23574 CITY OF CHASKA TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 78.00 FEES PAID. 23575 CLUTCH & TRANSMISSION SVC INC BRAKE DRUM TURNING/LINED BRAKE SHOES// 917.78 BEARINGS/OIL SEAL/PINION NUT/END YOKE/ LOCK/CORE/AIR BRAKE COMPRESSOR-EQUIPMENT MAINTENANCE. 23576 COMPUTER CITY SWITCHBOX/CABLES-HUMAN RESOURCES DEPT. 146.92 23577 CONNEY SAFETY PRODUCTS NON-SLIP FLOOR COATING/WIPERS/GLOVES/HAND 1347.96 CLEANER/HEADGEAR/SAFETY GLASSES/WRIST SUPPORTS/BOOKLET WALL RACKS/SLEEVES/ LANYARD/FACESHIELDS-UTILITIES DIVISION/ EARMUFFS-SAFETY DEPT. 23578 CONSTRUCTION MATERIALS INC BONDING EPDXY-STREET MAINTENANCE. 152.08 23579 CONTINENTAL SAFETY EQUIP INC DISPENSER CANS/RAIN PANTS/DUST MIST 272. 15 RESPIRATORS-PARK MAINTENANCE. 23580 COPIES NOW BOND PAPER-HUMAN RESOURCES DEPT. 131 .50 23581 CROWN MARKING INC DESK SIGNS ENGRAVED INSERTS-CITY HALL. 21 .02 23582 CRYSTEEL DIST INC FENDERS/FENDER BRACKETS-EQUIPMENT 283.33 MAINTENANCE. 23583 CUB FOODS EXPENSES-FIRE DEPT. 154.20 23584 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES-WATER DEPT. 474.95 23585 CUSHMAN MOTOR CO INC PUMP KIT/BOLT-EQUIPMENT MAINTENANCE. 223. 10 23586 CUSTERS OUTPOST ARCHERY SHAFTS/BOW KITS/TARGETS/STRINGS-SUMMER 204.93 SKILL DEVELOPMENT PROGRAM. 23587 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT. 13499.79 23588 DALCO CLEANING SUPPLIES-WATER DEPT. 237.72 23589 DAVIES WATER EQUIPMENT CO TOP EXTENSION/ROD ASSEMBLY/VALVE BOX 711 .87 RISER-WATER DEPT. 23590 GREG DAWYDUK HOCKEY OFFICIAL/FEES PAID. 184.00 23591 DECORATIVE DESIGNS SERVICE-AUGUST 94 LIVE PLANT MAINTENANCE- 365.85 CITY CENTER. 23592 DEM CON LANDFILL INC JUNE 94 WASTE DISPOSAL-PARK MAINTENANCE. 119.00 23593 EUGENE DIETZ EXPENSES/JUNE & JULY CAR ALLOWANCE- 407.00 ENGINEERING DEPT. 23594 DISPLAY SALES BANNERS/BRACKETS-HISTORICAL & CULTURAL 2000. 14 COMMISSION. 23595 DONALDSON COMPANY INC DUST BAGS-WATER DEPT. 1390.20 23596 DPC INDUSTRIES INC FERRIC SULFATE-WATER DEPT. 4494.00 23597 DRISKILLS NEWMARKET EXPENSES-POLICE DEPT/PRESCHOOL PLAYGROUND/ 512.89 SPECIAL TRIPS & EVENTS P ROGRAM/SPORTS CAMP/OUTDOOR CENTER/ROUND LK PK CONCESSIONS/SENIOR CENTER/WATER DEPT. 23598 DRISKILLS NEWMARKET EXPENSES-POLICE DEPT. 72.50 23599 DRISKILLS NEWMARKET CONCESSION STAND SUPPLIES-ROUND LK PK/ 197.33 COMMUNITY CENTER. 23600 WES DUNSMORE EXPENSES-HUMAN RESOURCES DEPT. 27.05 23601 DYNA SYSTEMS COMPARTMENT TRAYS/ROLLER BEARINGS/TAPE/ 781 .70 NUTS & BOLTS-WATER DEPT. 23602 EASTMAN KODAK COMPANY COPIER MAINTENANCE AGREEMENT-CITY HALL. 484.98 23603 EASY STRIDE SKATE SCHOOL IN-LINE SKATING LESSONS-SUMMER SKILL 360.00 DEVELOPMENT PROGRAM. 3025394 AUGUST 16, 1994 7. AUGUST 16, 1994 VI 23604 EDEN PRAIRIE ROTARY COMPLIMENTARY CONCESSION COUPONS-JULY 4TH 201 .00 CELEBRATION. 23605 EDEN PRAIRIE SCHOOL DIST 272 BUS SERVICE-SPECIAL TRIPS & EVENTS 409.73 PROGRAM/AFTERNOON ADVENTURE PROGRAM/TEEN WORK PROGRAM. 23606 EDEN PRAIRIE SCHOOL DIST #272 ACTIVITY FEE-PRESCHOOL PLAYGROUND/ART 62.00 CAMP. 23607 EDEN PRAIRIE SCHOOL DIST 272 2ND QTR 94 HUMAN RIGHTS & SERVICES 2500.00 COMMISSION GRANT. 23608 EDUCATIONAL SPORTS PROGRAM YOUTH SOCCER CAMP DIRECTOR/FEES PAID. 4872.00 23609 SANDRA N EHRICH MILEAGE-ADAPTIVE RECREATION PROGRAM. 84.83 23610 ELVIN SAFETY SUPPLY INC OVERSHOE BOOTS/JACKET WITH HOOD-UTILITIES 57.75 DIVISION. 23611 DELANO ERICKSON ARCHITECTS SERVICE-COMMUNITY CENTER LOCKERS ADDITION 6586.88 STUDY & FINAL SCHEMATICS/ICE ARENA CEILING PAINTING. 23612 ESI COMMUNICATIONS INC REPLACED CARBON HANDSET & CORD ON 112.94 DISPATCH PHONE-POLICE DEPT. 23613 ESS BROTHERS & SONS INC WATER VALVE ADJUSTMENT RINGS-WATER DEPT/ 5018.81 MANHOLE ADJUSTMENT RINGS-SEWER DEPT. 23614 FACILITY SYSTEMS INC BASE POWER STRIP-BUILDING INSPECTIONS 76.68 DEPT. 23615 FEED RITE CONTROLS INC CHEMICALS-WATER TREATMENT PLANT. 10240.86 23616 FINA COSTUMES COSTUMES-ICE SHOW-COMMUNITY CENTER. 1300.00 23617 FIRE CHIEF MAGAZINE SUBSCRIPTION-FIRE DEPT. 49.00 23618 JIM FRANZEN BELTS PACKS FOR SAFETY CAMP-POLICE DEPT. 14.35 23619 G & K SERVICES UNIFORMS/TOWELS/MATS-STREET MAINT/ 815.78 EQUIPMENT MAINT/PARK MAINT/UTILITIES DIVISION. 23620 GARTNER REFRIGERATION & MFG INC REPAIR WORK TO PREVENT LEAKS IN ICE RINK 8310.38 FLOORS/FREON-COMMUNITY CENTER. 23621 GENERAL SAFETY EQUIPMENT CORP REPAIR MOUNTS ON LADDER TRUCK-FIRE DEPT. 415.00 23622 KEITH GILBERT CONSULTING SERVICE-ON-SITE CONSULTING FOR COMPUTER 360.00 SYSTEM SETUP & CONFIGURATION-COMMUNITY SERVICES DEPT. 23623 GOODYEAR COMMERCIAL TIRE & SVC WHEEL ALIGNMENT/TIRES/TIRE REPAIR- 2663.48 EQUIPMENT MAINT. 23624 W W GRAINGER INC CORDS/YOKE FAN MOTOR-WATER DEPT. 424.27 23625 THE DALE GREEN COMPANY SOD-STREET MAINTENANCE. 25.59 23626 GROVE NURSERY CENTER MULCH-PARK MAINTENANCE. 204.48 23627 GUNNAR ELECTRIC CO INC REPLACED FUSES/POWER INSPECTION-COMMUNITY 119.00 CENTER MAINTENANCE. 23628 DENISE HAAGE SERVICE-SIGN LANGUAGE INTERPRETER-CDBG 156.25 PROGRAM. 23629 HACH COMPANY LAB SUPPLIES-WATER TREATMENT PLANT. 223.70 23630 HALLOCK COMPANY INC RESET TIMER/REPEAT CYCEE TIMER-WATER 323.06 TREATMENT PLANT. 23631 HARMON GLASS COMPANY WINDSHIELD REPAIR-EQUIPMENT MAINTENANCE. 35.00 23632 HENNEPIN COUNTY TREASURER REIMBURSEMENT OF RECOVERED HOUSING 2000.00 REHABILITATION LOAN FUNDS. 4766282 AUGUST 16, 1994 8. AUGUST 16, 1994 VI 23633 HENNEPIN COUNTY SHERIFF JUNE 94 BOOKING FEE-POLICE DEPT. 958.09 23634 HENNEPIN COUNTY TREASURER JUNE 94 BOARD OF PRISONERS-POLICE DEPT. 3872.80 23635 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABELS-COMMUNITY 96.25 DEVELOPMENT DEPT. 23636 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT-FIRE DEPT/ 221 . 17 BLDG INSPECTIONS DEPT/TONER-BLDG INSPECTIONS DEPT. 23637 DAVID HIBBISON SOFTBALL OFFICIAL/FEES PAID. 34.00 23638 HONEYWELL INC METER MOVEMENT/SEAL PLATES-WATER 292.98 TREATMENT PLANT. 23639 HONEYWELL INC JUNE 94 MAINTENANCE AGREEMENT-WATER 798.00 TREATMENT PLANT. 23640 HOPKINS PLUMBING REFUND-PLUMBING PERMIT. 20.50 23641 HORIZON GRAPHICS INC PRINTING-FAMILY CARE DIRECTORIES-HUMAN 29.00 SERVICES DEPT. 23642 INACOM-MIDWEST REGION COMPUTER SOFTWARE-HUMAN RESOURCES DEPT. 13909.84 23643 INDUSTRIAL LIGHTING SUPPLY INC FLUORESCENT LIGHT BULBS-WATER DEPT. 275.56 23644 INGRAM EXCAVATING SERVICE-STORM SEWER DRAINAGE IMPROVEMENT- 53807.86 CREEK VIEW LN/SIDEWALK IMPROVEMENTS ON NORTH SIDE OF PLAZA DR. 23645 INTL CONFERENCE OF BLDG OFFICIALS CROSS REFERENCE GUIDES-BLDG INSPECTIONS 12.50 DEPT. 23646 IRISH INC SUNBLOCK-EQUIPMENT MAINTENANCE. 101 .60 23647 BRENDA JERDE VOLLEYBALL OFFICIAL/FEES PAID. 187.00 23648 CRAIG JERDE SOFTBALL OFFICIAL/FEES PAID. 306.00 23649 JOEL ENTERPRISES SWIVEL-WATER DEPT. 48.65 23650 JOHNSON CONTROLS REPLACED SMOKE DETECTOR/RESET FIRE ALARM 912.99 SYSTEM-COMMUNITY CENTER/COUNTERLINE MATERIAL. 23651 KAEDING & ASSOCIATES INC SERVICE-WATER PLANT ENERGY STUDY & DESIGN. 378.40 23652 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1867.53 23653 LAKE COUNTRY DOOR DOOR REPAIR-POLICE BLDG. 296.25 23654 LAKELAND FORD TRUCK SALES INC POWER KIT/PUMP ASSEMBLY-EQUIPMENT 466. 14 MAINTENANCE. 23655 CYNTHIA LANENBERG MILEAGE-FIRE DEPT. 64.68 23656 LANIER WORLDWIDE INC VHS VOICE LOGGER REPAIR-POLICE DEPT. 115.00 23657 FRANK LAVALLE SOFTBALL OFFICIAL/FEES PAID. 442.00 23658 L MCI T LIABILITY INSURANCE. 321 . 15 23659 LIQUID CARBONIC CHEMICALS-WATER TREATMENT PLANT. 748.00 23660 MELISSA LITZER SIGN LANGUAGE INTERPRETER-CDBG FUND. 312.50 23661 LOFFLER BUSINESS SYSTEMS INC TRANSCRIBER/RECORDER-PARK MAINTENANCE. 701 .84 23662 LONG LAKE TRACTOR & EQUIPMENT TRANSMISSION REPAIR/SHAFT ASSEMBLY/LATCH 4267.06 ASSEMBLY-EQUIPMENT MAINTENANCE. 23663 MACQUEEN EQUIPMENT INC GUTTER BROOMS/MAIN BROOM-EQUIPMENT 1220.49 MAINTENANCE. 23664 MAPCO SAND & GRAVEL CO GRAVEL-WATER DEPT. 1650.98 23665 MARQUETTE CAMERA REPAIR CAMERA REPAIR-POLICE DEPT. 4.00 23666 MAXI-PRINT INC PRINTING FORMS/RUBBER STAMP-POLICE DEPT. 80.94 23667 MCGLYNN BAKERIES INC EXPENSES-CITY HALL/POLICE DEPT/JULY 4TH 114.20 CELEBRATION/SPECIAL EVENTS PROGRAM/SENIOR CENTER/POOL LESSONS. 8893595 AUGUST 16, 1994 9. AUGUST 16, 1994 VI 23668 JOHN AND KATHY MCCARTHY LIABILITY INSURANCE-SEWER BACK-UP. 17456.00 23669 SUE MCCARVILLE GYPSUM PAPER-COMMUNITY CENTER 16.22 ADMINISTRATION. 23670 MEMINDEX OFFICE SUPPLIES/TRAINING VIDEOS-UTILITIES 636.05 DIVISION. 23671 MENARDS INSECT REPELLANT/GLOVES-BLDG INSPECTIONS 151 .05 DEPT/POWER STRIPPER ATTACHMENTS-FIRE DEPT/ SIDING-STREET MAINT/RUST REMOVER/CHAIN- COMMUNITY CENTER/WEED KILLER-SEWER DEPT. 23672 METRO PAPER RECOVERY INC 2ND QTR 94 RECYCLING CONTAINER RENTAL- 45.00 COMMUNITY CENTER. 23673 METRO SALES INC COPIER MAINTENANCE AGREEMENT-COMMUNITY 1930.00 CENTER. 23674 METRO SYSTEMS REPLACED LOCK CYLINDER-POLICE DEPT. 56.72 23675 METROPOLITAN WASTE CONTROL COMMIS SEPTEMBER 94 SEWER SERVICE. 106237.00 23676 MIDAS BRAKE & MUFFLER EXHAUST PIPES & INSTALLATION/CLAMPS/AIR 196.77 TUBE REPAIR-EQUIPMENT MAINTENANCE. 23677 MIDWEST ASPHALT CORP WASTE DISPOSAL-STORM DRAINAGE PROGRAM/ 3168.90 PATCHING & CRACKFILL-STREET MAINT/PARK MAINT. 23678 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES/TRAINING SUPPLIES-CITY 833.33 HALL. 23679 MIDWEST MACHINERY INC CUTTING EDGES/TRANSMISSION REPAIR- 2923.88 EQUIPMENT MAINTENANCE. 23680 MINNCOMM PAGING JULY 94 PAGER SERVICE-WATER DEPT/SEWER 59.90 DEPT. 23681 CITY OF MINNEAPOLIS PROBABLE CAUSE/BAIL DUTY-POLICE DEPT. 40.00 23682 MN BOARD OF AELSLAID LICENSE RENEWAL-ADMINISTRATION DEPT. 100.00 23683 MN CHAPTER IAAI DUES-BLDG INSPECTIONS DEPT. 10.00 23684 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHERS & RECHARGING/0-RINGS/ 1453. 14 VALVE STEMS-PUBLIC WORKS BLDG/ '/WATER TREATMENT PLANT/PARK DEPT//COMMUNITY CENTER/FIRE DEPT. 23685 MINNESOTA DEPT OF HEALTH PUBLIC WATER SUPPLY SERVICE CONNECTION 15891 .00 FEE-WATER DEPT. 23686 MINNESOTA SUN PUBLICATIONS EMPLOYMENT ADS-ASSESSING DEPT. 276.00 23687 MINNESOTA VALLEY LANDSCAPE INC TREES-DELL ROAD CONSTRUCTION/TREE 1525.00 RELOCATION-SEWER DEPT. 23688 MINUTEMAN PRESS LABELS-BUILDING INSPECTIONS DEPT. 286.01 23689 MITCHELL INTERNATION SUBSCRIPTION-AUTO REPAIR REFERENCE 88.73 MANUALS ON COMPUTER DISC-EQUIPMENT MAINTENANCE. 23690 MOODYS INVESTORS SERVICE SERVICE-1994 PARK CONSTRUCTION FUND. 6000.00 23691 WM MUELLER & SONS INC GRAVEL/PATCHING & CRACKFILL-STREET MAINT/ 812.82 PARK MAINT. 23692 MTI DISTRIBUTING CO SPRING/BLADES/WATER PUMP GASKET/PUMP 260.76 ASSEMBLY/HOSE ASSEMBLY/HANDLES-EQUIPMENT MAINTENANCE. 23693 NATL FIRE PROTECTION ASSN SUBSCRIPTION-FIRE DEPT. 285.00 23694 NATIONAL GLASS & PLASTICS INC GLASS AIR TUBE-WATER TREATMENT PLANT. 52.03 16079131 AUGUST 16, 1994 10. AUGUST 16, 1994 VI 23695 NATL RECREATION & PARK ASSN DUES-ADAPTIVE RECREATION/RECREATION 370.00 ADMINISTRATION DEPT. 23696 NEDAL Y ABUL-HAJJ REFUND-UNUSED PORTION OF DEVELOPERS 580. 10 DEPOSIT AGREEMENT. 23697 MICHAEL D NORMAN CONFERENCE-POLICE DEPT. 975.00 23698 NORTH COUNTRY PEST CONTROL PEST CONTROL SERVICE-COMMUNITY CENTER. 47.93 23699 NORTH STAR ICE SUPPLIES-LIQUOR STORES. 2143.59 23700 NORTHERN STATES POWER CO INDUSTRIAL ENERGY AUDIT-WATER DEPT. 200.00 23701 PAPER WAREHOUSE PAPER CUPS-CITY HALL/CANDLE/CURLING 59.37 RIBBON-JULY 4TH CELEBRATION. 23702 PAPERDIRECT INC CERTIFICATES & GOLD SEALS-TEEN WORK 234.25 PROGRAM/DRAMA CAMP/DAY CAMP/WATERCOLOR CAMP/ACTIVITY CAMP/SPORTS CAMP/ARTS CAMP/ POST CARDS/ENVELOPES-POLICE DEPT. 23703 PARROTT CONTRACTING INC REMOVED/REPLACED & DISPOSED OF DAMAGED 2717.00 PIPE-STORM DRAINAGE PROGRAM. 23704 PEPSI COLA COMPANY CONCESSION STAND SUPPLIES-ICE RINKS 97.40 PROGRAM. 23705 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION. 18.48 23706 PICHA GREENHOUSE FLATS OF FLOWERS-PARK MAINTENANCE. 2688.66 23707 THE PINK COMPANIES CHAIR-BLDG INSPECTIONS DEPT/CHAIR 399. 10 FABRICOATE-BLDG INSPECTIONS DEPT. 23708 PIONEER RIM & WHEEL CO TRAILER WHEEL-EQUIPMENT MAINTENANCE. 141 .99 23709 PLEKKENPOL BUILDERS REFUND-BUILDING PERMIT. 93.50 23710 PLYMOUTH SUPPLY COMPANY PADLOCK-PARK MAINTENANCE. 63.69 23711 PNEUMATIC CONTROLS INC SERVICE-COMMUNITY CENTER REMODELING. 5464.40 23712 POMMER COMPANY INC MEDALS/ENGRAVED PLATES/NECK RIBBONS-POOL 31 . 17 SPECIAL EVENTS PROGRAM. 23713 POWERTEX SPORTSWEAR INC STAFF SHIRTS-ADAPTIVE RECREATION DEPT/T- 494.04 SHIRTS-YOUTH ATHLETICS PROGRAM. 23714 PRAIRIE ELECTRIC COMPANY INC REPAIR LOCKER ROOM HAND DRYER/REPLACE 369.50 CIRCUIT BREAKER/COMPRESSOR REPAIR- COMMUNITY CENTER. 23715 PRO-CUT JULY MOWING SERVICE-PARK MAINTENANCE. 586.82 23716 PRAIRIE OFFSET PRINTING PRINTING ENVELOPES-ASSESSING DEPT. 78.38 23717 QUALITY WASTE CONTROL INC JULY 94 WASTE DISPOSAL-COMMUNITY CENTER/ 450.34 WATER TREATMENT PLANT. 23718 RAINBOW FOODS EXPENSES-OUTDOOR CENTER PROGRAM. 33.06 23719 REACH EQUIPMENT PINS-EQUIPMENT MAINTENANCE. 39.83 23720 RITZ CAMERA CAMERA REPAIR-FIRE DEPT/FILM PROCESSING- 188.73 FORESTRY DEPT. 23721 ROGERS SERVICE STARTER-EQUIPMENT MAINTENANCE. 37.50 23722 SAFETY-KLEEN CORPORATION CARBURETOR CLEANER RENTAL-EQUIPMENT MAINT/ 252.67 PARK MAINTENANCE. 23723 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 261 .47 STREET DEPT/PRESCHOOL PLAYGROUND PROGRAM/ RECREATION ADMINISTRATION/ADAPTIVE RECREATION DEPT/POOL SPECIAL EVENTS PROGRAM. 23724 SALLY DISTRIBUTORS INC TOYS-PRESCHOOL PLAYGROUND PROGRAM. 30.03 1914800 AUGUST 16, 1994 11 . AUGUST 16, 1994 VI 23725 SANCO INC CLEANING SUPPLIES-CITY HALL/COMMUNITY 349.63 CENTER. 23726 KEVIN SCHMIEG JULY 94 CAR ALLOWANCE-BLDG INSPECTIONS 200.00 DEPT. 23727 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT. 80.06 23728 SENIOR COMMUNITY SERVICES 2ND QTR 94 SENIOR OUTREACH SERVICES- 2750.00 COMMUNITY SERVICES DEPT. 23729 SETON NAME PLATE COMPANY CAUTION/SAFETY SIGNS-WATER TREATMENT 136.60 PLANT. 23730 SIGN SOLUTIONS INC SIGNAGE INSTALLED-CITY CENTER. 500.00 23731 SIR SPEEDY PRINTING CENTER PRINTING FORMS-ASSESSING DEPT. 64.43 23732 ERIC SIT SMART SELF-DEFENSE FOR YOUTH INSTRUCTOR/ 382.40 TAE KWON DO INSTRUCTOR/FEES PAID. 23733 DIANE SMITH VOLLEYBALL OFFICIAL/FEES PAID. 34.00 23734 KARY SMITH SOFTBALL OFFICIAL/FEES PAID. 204.00 23735 M LEE SMITH PUBLISHERS & SUBSCRIPTION-UTILITIES DIVISION. 137.00 23736 PETER N SMITH VOLLEYBALL OFFICIAL/FEES PAID. 153.00 23737 SNAP-ON TOOLS CORPORATION SCREWDRIVER SET/WRENCH SETS/PLIERS/ 357.52 SCRAPER SET-WATER DEPT. 23738 SOUTHDALE YMCA 2ND QTR 94 DETACHED WORK PROGBRAM- 5540.00 COMMUNITY SERVICES DEPT. 23739 SW CORRIDOR TRANSPORTATION COALIT DUES-CITY COUNCIL. 3750.00 23740 SOVRAN INC RELOCATION OF 911 COMMUNICATIONS CTR & 26391 .32 FUNCTIONS/COMPUTER WORK-CITY CENTER. 23741 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-UTILITIES DIVISION. 1318.99 23742 STANDARD SPRING CO U-BOLTS REPLACED-EQUIPMENT MAINTENANCE. 153.92 23743 STAR TRIBUNE EARLY SUNDAY PAPERS FOR RESALE-LIQUOR 51 . 10 STORE II & III. 23744 STAR TRIBUNE SUBSCRIPTION-FIRE DEPT. 78.00 23745 THE STATE CHEMICAL MFG CO AIR FRESHENER-WATER TREATMENT PLANT. 255.40 23746 VOID OUT CHECK 0.00 23747 STREICHERS PROFESSIONAL POLICE EQ BALLIST VEST-POLICE DEPT/PATCHES/GUN 508.56 CLEANING SOLVENT/CLEANING BRUSHES-POLICE DEPT. 23748 SUBURBAN CHEVROLET HANDLE/CONTROL ASSEMBLY/MIRROR/HOUSING 161 .79 ASSEMBLY/LIGHTER ELEMENT/VALVE ASSEMBLY/ BRACKETS-EQUIPMENT MAINTENANCE. 23749 SUBURBAN TIRE & AUTO SERVICE TIRES-EQUIPMENT MAINTENANCE. 98.49 23750 SUPERIOR ROOFING INC ROOF/GUTTERS & DOWNSPOUTS REPLACED- 8268.00 JACQUES HOUSE-RILEY LK PARK. 23751 NATALIE SWAGGERT AUGUST 94 CAR ALLOWANCE-HUMAN RESOURCES 200.00 DEPT. 23752 SYSTEMS CONTROL SERVICES INC CHART RECORDER REPAIR-WATER TREATMENT 142.50 PLANT. 23753 TARGET STORES HANGERS/FISH SCALE-POOL LESSONS. 11 .63 23754 KATHY TEKIELA BEESWAX CANDLES INSTRUCTOR-SENIOR 21 .00 PROGRAMS. 23755 MARC THIELMAN REIMBURSEMENT FOR CELLULAR PHONE CALLS- 25.90 BLDG INSPECTIONS DEPT. 23756 JEANE THORNE INC SERVICE-BUILDING INSPECTIONS DEPT/ 3154.45 ASSESSING DEPT. 5547969 AUGUST 16, 1994 12. AUGUST 16, 1994 VI 23757 TIE SYSTEMS INC-MN SERVICE-KEY WALL PHONE-CITY HALL. 77.75 23758 KEVIN TIMM SOFTBALL OFFICIAL/FEES PAID. 620.00 23759 TOLL GAS & WELDING SUPPLY HELIUM/BALLOON FILLER RENTAL-JULY 4TH 204.02 CELEBRATION. 23760 TRACY/TRIPP FUELS DIESEL FUEL-EQUIPMENT MAINTENANCE. 4938. 19 23761 TRI-STATE PUMP & CONTROL INC AERIATION PUMP MOTOR REPAIR-RED ROCK LAKE. 460.61 23762 TRUCK UTILITIES MFG CO COMPRESSOR OIL/LENSES-EQUIPMENT 26. 19 MAINTENANCE. 23763 TRUGREEN-CHEMLAWN-MTKA LAWN CARE SERVICE-FIRE STATION. 115.45 23764 UNIPOWER INDUSTRIAL BATTERIES-SEWER DEPT. 120.42 23765 VESSCO INC YOKE VALVES/CONNECTIONS-WATER DEPT/ 1120. 10 WRENCHES. 23766 VICOM INC JULY 94 WIRE MAINTENANCE AGREEMENT- 8.75 COMMUNITY CENTER. 23767 TRIA D VIKESLAND MILEAGE-ADAPTIVE RECREATION DEPT. 70.56 23768 VISU-SEWER CLEAN & SEAL INC TV INSPECTION-SEWER DEPT. 290.00 23769 VOSS LIGHTING LIGHT BULBS-COMMUNITY CENTER MAINTENANCE. 172.40 23770 VWR SCIENTIFIC INC LAB SUPPLIES-WATER DEPT. 135.64 23771 WALTERS SWIM SUPPLIES INC DIVING BRICK/SWIM SUITS-POOL LESSONS. 77.95 23772 WATER SPECIALTY OF MN-INC LIQUID CHLORINE-COMMUNITY CENTER. 227.59 23773 WATERPRO 5/8 X 3/4 1000 GAL METERS/TOUCH PADS & 4047.70 UPGRADES/VALVE BOX KEYS/GASKETS/COUPLING NUTS/SEALS/FLANGES/VALVE BOX RISERS/PAINT- UTILITIES DIVISION. 23774 JENNIFER WATSON MILEAGE-ADAPTIVE RECREATION DEPT. 16.24 23775 WBCS TYPESETTING FLYER REVISIONS-JULY 4TH 142.75 CELEBRATION/HISTORICAL & CULTURAL COMMISSION. 23776 WEATHER WATCH INC WEATHER SERVICE-STREET DEPT. 200.00 23777 DALE WENKUS DISPLAY CASE-COMMUNITY CENTER. 600.00 23778 TODD G WEISE SOFTBALL OFFICIAL/FEES PAID. 306.00 23779 SANDRA F WERTS MILEAGE-SENIOR CTR RECREATION SUPERVISOR. 30.49 23780 WESTSIDE EQUIPMENT MAINTENANCE AGREEMENT-EQUIPMENT 266.25 MAINTENANCE. 23781 LOIS NOREIM WILDER MEMOIR WRITING INSTRUCTOR-SENIOR PROGRAMS. 101 .25 23782 TARA WOLKE VOLLEYBALL OFFICIAL/FEES PAID. 85.00 23783 WRIGHT LINE INC CABINET-HUMAN RESOURCES DEPT. 479.30 23784 YALE INC REPLACED CONDENSER FAN MOTOR & BLADE- 579.81 WATER DEPT. 23785 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-UTILITIES DIVISION/ 358.81 STREET MAINTENANCE. 23786 ZIEGLER INC COUPLINGS/HOSE-EQUIPMENT MAINTENANCE. 82.92 22699 VOID OUT CHECK 29. 15- 23230 VOID OUT CHECK 943. 15- 23279 VOID OUT CHECK 5559.30- 23337 VOID OUT CHECK 17.66- 941288 $1763968.80 AUGUST 16, 1994 13. CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: Resolutions and Ordinances DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Community Development Chris Enger MUSA LINE EXPANSION A David Lindahl REQUESTED COUNCIL ACTION: The City Council is requested to take action on the following: Authorize staff to prepare and submit a Comprehensive Plan Amendment to the Metro Council to expand the year 2000 MUSA line to the Minnesota River Bluffs area. This amendment will add 850 acres of developable land supply, which represents all remaining developable land outside the MUSA. SUPPORTING INFORMATION Memo dated August 9, 1994 Resolution MUSA EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING CITY STAFF TO PREPARE A COMPREHENSIVE PLAN AMENDMENT INCREASING EDEN PRAIRIE'S URBAN SERVICE AREA (MUSA) BY 850 ACRES AND SUBMIT IT TO THE METROPOLITAN COUNCIL FOR REVIEW COMMENT. WHEREAS, the City of Eden Prairie has prepared a Comprehensive Plan Amendment to expand the City's Urban Service Area (MUSA) by 850 acres; and, WHEREAS, the Amendment will be submitted to the Metropolitan Council for review and comment; and WHEREAS, expanding the Urban Service Area requires an amendment to the City's Comprehensive Plan; and WHEREAS, after review and comment by the Metropolitan Council the Amendment will require public hearings by the Planning Commission and City Council before final adoption; BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby authorizes submitting a Comprehensive Plan Amendment application to expand the Eden Prairie Urban Service Area (MUSA) by 850 acres to the Metropolitan Council for review and comment. ADOPTED this 16th day of August, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, Clerk vII.. A . - Z MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Chris Enger, Community Development Director David Lindahl, Planner DATE: August 9, 1994 SUBJECT: MUSA LINE EXPANSION - PLAN AMENDMENT PROCESS Requested Action: Authorize staff to prepare and submit a Comprehensive Plan Amendment to the Metro Council to expand the year 2000 MUSA line to the Minnesota River Bluffs area. This amendment will add 850 acres of developable land supply, which represents all remaining developable land outside the MUSA. Purpose: The amendment should be submitted to the Metro Council before the new Metropolitan Blueprint is adopted August 25, 1994. Staff is uncertain how the new Blueprint rules will affect future efforts to expand the urban service areas. The City will first seek approval from the Metro Council, and then hold local public hearings. The City Council has final authority on this matter. Background: Three separate property owners in southwest Eden Prairie have submitted letters seeking MUSA expansions to allow development of their property. These property owners control most of the remaining developable land outside the year 2000 MUSA line. These property owners are: Lynn L. Charlson 500 gross acres Derril Peterson & Daniel Klein 180 gross acres William H. Marshall 142 gross acres 822 total acres Before initiating the local hearing process, City staff met with Metro Council staff to discuss issues relating to this request. Preliminary indications from Council staff is that Eden Prairie could increase its urban land supply by over 1,000 acres, or all the remaining developable land outside the MUSA. Traffic will be the primary issue for the Council. A traffic study showing how (or if) development of this area impacts the regional transportation will be required as part of the amendment submittal. A traffic study cannot be completed in time to include with the application to be submitted August 25. A completed study will be forwarded to the Metro Council as soon as possible. `� . A, 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 94-09 TO DESIGNATE THE ACTING MAYOR WHEREAS, the position of Acting Mayor has become vacant upon the death of Councilmember/Acting Mayor Richard T. Anderson; and WHEREAS, the City Code states that the Council shall appoint an acting mayor, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Eden Prairie that shall serve as the Acting Mayor for the City at the pleasure of the City Council. Adopted by the City Council on August 16, 1994 Douglas B. Tenpas, Mayor Attest: John D. Frane, City Clerk Tian LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE, SUITE 370 EDEN PRAIRIE,MINNESOTA 55344 TELEPHONE: (612) 829-7355 FAX: (612) 829-0713 ROBERT I.LANG MINNEAPOLIS OFFICE ROGER A.PAULY DAVID H.GREGERSON* FIRST BANK PLACE RICHARD F.ROSOW 1600 IBM PARK BUILDING MARK 1.JOHNSON 650 THIRD AVENUE SOUTH JOSEPH A.NILAN MINNEAPOLIS.MINNESOTA 55402 JOHN W.LANG** TELEPHONE:(612)338-0755 SUSAN M.LACH*** FAX:(612)349-6718 JUDITH H.DUTCHER WILLIAM R.MILLER REPLY TO EDEN PRAIRIE OFFICE TODD A.SATTLER JENNIFER M.INZ CAREY M.MOE *Also Admitted in Wisconsin **Also a Certified Public Accountant ***Also Admitted in Colorado MEMORANDUM TO: Mayor and Members of City Council THROUGH: Carl Jullie, City Mana er FROM: Roger A. Pauly rL. DATE: July 26, 1994 SUBJECT: Amendments to City Code Chapter 4 Relating to Liquor Regulations Attached is a draft of an ordinance containing several amendments to City Code Chapter 4 relating to liquor, beer and wine regulations, most of which are in response to recently enacted amendments to state law. The amendments are as follows: Section 4.08 (a) The grounds for sanctions against a licensee are restated to nearly track state law with the exception of the omission of a reference to the failure to remove or dispose of alcoholic beverages when ordered by the Commissioner. (b) The authority of the Council to impose a sanction has been changed to the permissive "may" rather than the more mandatory "shall" as contained in the current Code. (c) There has been added language to the effect that if the issues cannot be fully stated in advance of a hearing for a suspension or revocation proceeding, they should be fully stated as soon as practicable and an opportunity afforded to the license holder to present evidence and argument with respect thereto. LANG, PAULY & GREGERSON, LTD. July 26, 1994 Page 2 Section 4.21, Subds. 1. and 2. B. (Temporary Beer License) (a) Amended to reflect a new state law requirement that not more than three (3) temporary licenses for the sale of alcoholic beverages may be granted to any one organization or for any one location within a 12 month period. Section 4.31, Subd. 1. (a) Amended to reflect the new state law requirement relating to limiting temporary on-sale liquor licenses within a 12 month period similar to Section 4.21 relating to temporary 3.2 beer licenses. (b) There has also been added to organizations which may receive a temporary liquor license registered political committees as permitted by state law. It should be noted that a similar provision relating to political committees is not permitted with respect to temporary beer licenses. Section 4.32 (a) This section follows state law as amended. (b) It eliminates, as does state law, a provision prohibiting sales between 8:00 p.m. on December 24 until 8:00 a.m. on December 25. Section 4.05 (a) "Shall" has been changed to "may". (b) Subd. 2. C. has been revised to prohibit issuance of a license to a person who has been convicted of a felony within the past five years. This prohibition is consistent with state law. (c) Subd. 3. has been revised to include a brewer in the prohibition against granting of a license. This is consistent with state law. The state law definitions of manufacturer, brewer and wholesaler have been incorporated by reference. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4 RELATING TO BEER, WINE AND LIQUOR LICENSING AND REGULATION AND ADOPTING CITY CODE CHAPTER 1 AND SECTION 4 . 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS : Section 1 . City Code Section 4 . 08 is amended to read as follows : "SECTION 4. 08. REVOCATION, SUSPENSION OR FINE. Upon a finding that the holder of any license granted pursuant to this Chapter has (1) sold alcoholic beverages to another retail licensee for the purpose of resale, (2) purchased alcoholic beverages from another retail licensee for the purpose of resale, (3) conducted or permitted the conduct of gambling on the licensed premises in violation of the law, or (4) failed to comply with any applicable statute, regulation or ordinance relating to an alcoholic beverage, the Council may revoke the license, suspend the license for a period not to exceed sixty (60) days, or impose a civil penalty of up to $2, 000 . 00 for each violation, or impose any combination of these sanctions . 'No suspension or revocation shall take effect until the license holder has been given an opportunity for a hearing, pursuant to Minnesota Statutes, 1990, Sections 14 . 57 - 14 . 69, before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council . Such hearing shall be called by the Council upon written notice to the holder of the license served in person or by certified mail not less than fifteen (15) nor more than thirty (30) days prior to the hearing date, stating the time, . place and issues involved, but if by reason of the nature of the case, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable, and opportunity shall be afforded to the holder of the license to present evidence and argument with respect thereto. The Council may, in its discretion, contract with the State of Minnesota for a hearing examiner to hold such hearing. " • -1 - • Section 2 . City Code Section 4 . 21, Subds . 1 . and 2 . B. are amended to read as follows : "Subd. 1. Applicant. A club or charitable, religious, or non-profit organization, duly incorporated as a non-profit or religious corporation under the laws of the State of Minnesota and having its registered office and principal place of activity within the City ( "organization" ) , shall qualify for a temporary on-sale beer license for serving beer on and off school grounds and in and out of school buildings . ' Subd. 2. Conditions . B. No organization shall qualify for a temporary license for more than a total of seven (7) days in any calendar year. No more than three (3 ) temporary on-sale beer licenses may be .Ssued_t_a_ one (1) organizzation, or_forany_pn:e (1 ) 1ncat.ion-r within^a 'twelvemonth period. " Section 3 . City Code Section 4 . 31, Subd. 1 . is amended to read as follows : "SECTION 4 .31. TEMPORARY LIQUOR LICENSE. Subd. 1. The Council may issue to a club, charitable, religious, or other non-profit organization in existence for at least three (3) years, ,or to a political committee registered under Minnesota__ Statutes Section 10A. 1.4 ( "organization" ) , a temporary license `for the on-sale of intoxicating liquor in connection with a social event held within the City and sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than three (3 ) consecutive days and may authorize on- sales on premises other than premises the licensee owns or permanently occupies . ,No more than three (3) temporary on-sale intoxicating liquor licenses may be issued .g one (1) organization or for any_Dne_..location, within a twelve (12 ) mont __.p.eriod-.__ The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on- sale intoxicating liquor license issued by the City. Temporary licenses are subject to all laws and ordinances governing the sale of intoxicating liquor except those relating to insurance required by State law and/or City Code and except those which by their nature are not applicable . Temporary licenses are -2- not valid unless first approved by the Minnesota Commissioner of Public Safety. " Section 4 . City Code Section 4 .32 is amended to read as follows : "SECTION 4.32. DAYS AND HOURS OF LIQUOR SALES. No sale of liquor for consumption on the licensed premises may be made: (1) between 1 : 00 a.m. and 8 : 00 a.m. on the days of Monday through Saturday; or, (2) after 1 : 00 a.m. on Sundays, except as provided by Section 4 .33 . " Section 5 . City Code Section 4 . 05, Subds . 2 . and 3 . are amended to read as follows : "SECTION 4 .05. STANDARDS. Subd. 2 . No license may be issued under this section to: A. A person not a citizen of the United States or a resident alien. B. A person under twenty-one (21) years of age. C . A person who within five (5) years of a license application has been convicted of a felon or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor or non- intoxicating malt liquor. D. A person who has had an intoxicating or non- intoxicating liquor license revoked within five (5) years of the license application; or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent (5%) of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon; or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested. E. A person not of good moral character or repute . -3- Subd. 3 . No license shall be granted to a person who has a direct or indirect interest in a manufacturer, brewer or wholesaler. The terms "manufacturer" , "brewer" and "wholesaler" have the meanings given them in Minnesota Statutes 1992, Section 340A. 101, Subds . 4, 17 , and 28, which are incorporated herein by reference. " Section 6 . City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4 . 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7 . This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1994, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1994 . City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1994 . C:\wp51\rap\ep\ord\liquor.lic • -4- IemIE THOMAS A. BRIANT PROFESSIONAL ASSOCIATION ATTORNEY AT LAW 100 CORNELIA BUILDING TELEPHONE(612)925-3001 4005 WEST 65TH STREET FACSIMILE(612)925-4203 MINNEAPOLIS,MINNESOTA 55435 August 2, 1994 Mayor Douglas Tenpas Council Member Jean Harris Council Member H. Martin Jessen Council Member Patricia Pidcock Eden Prairie City Hall 8080 Mitchell Road Eden Prairie, MN 55344 RE: Eden Prairie Tobacco Ordinance Dear Mayor Tenpas and Council Members Harris, Jessen and Pidcock: I represent the Minnesota Coalition of Responsible Retailers and I am a resident of the City of Eden Prairie. As the legal counsel for the Coalition, I have been working with Eden Prairie retailers on the recently adopted tobacco ordinance. Several weeks ago I met with Assistant City Manager Craig Dawson and reviewed the city' s file on the tobacco ordinance. Last week, I met with Eden Prairie retailers who are concerned about the impact of the tobacco ordinance on their business and who want to work with you to explore possible alternatives that would achieve the common goal of not selling tobacco products to minors. As I explained to the store owners and managers that I met with last week, the Eden Prairie retailers made a mistake by not timely responding to the proposed tobacco ordinance. Although several different notices were sent by the city to retailers licensed to sell tobacco products, some retailers called to speak with city staff about the ordinance, one retailer wrote to you about his concerns with the ordinance and only one retailer spoke about the ordinance at the June 14th city council meeting. The retailers would sincerely appreciate a second opportunity to tell you about their concerns and discuss several ideas they have that would change the ordinance but still be effective in preventing the sale of tobacco products to persons under 18. This is why the retailers have asked for time on the August 16th city council meeting agenda so that they can talk to you about this important issue and hopefully have you reconsider several terms of the ordinance. Perhaps a small number of retailers can work closely with a council member and city licensing staff to discuss these ideas and then make recommendations to the full city council. THE BLOOMINGTON ORDINANCE When I reviewed the city file on the tobacco ordinance, I learned that the ordinance was patterned after an ordinance being considered by the Bloomington City Council. The original draft of the Bloomington ordinance prohibited self-service merchandising of tobacco products and required that clerks be at least 18 years old. The Bloomington retailers discussed their concerns about the ordinance with the Bloomington Advisory Board of Health and the Bloomington City Council . After talking about these concerns, the Bloomington City Council adopted a revised version of the original ordinance. The revised version did not prohibit self-service merchandising of tobacco products but required that self-service tobacco displays either be in the plain view of a responsible employee or be equipped with an alarm system or locking device. Also, the under 18 year old clerk prohibition was deleted and in its place the Bloomington City Council required that each retailer establish a training program for all employees on the legal requirements pertaining to the sale of tobacco products to minors. Each Bloomington retailer must certify to the City of Bloomington that an employee training program is in place in order to renew its retail tobacco license. I have attached a copy of the revised ordinance which was adopted by the Bloomington City Council and highlighted the sections on self-service merchandising and employee training requirements. THE ACCESS ISSUE I know that you are very concerned about the access of tobacco products to minors. From the city' s file on the ordinance, I read that the number of Eden Prairie high school students that have used or use tobacco products is higher than the state average for high school students. I am also aware that a 17 year old girl under police supervision was able to purchase a pack of cigarettes at 5 of 12 randomly selected Eden Prairie retailers. In the sting operation, the 17 year old girl bought a pack of cigarettes with the assistance of a store clerk. This assistance provided to the girl by a store clerk is at the crux of the access issue which you are addressing through the tobacco ordinance. If we assume that most minors do not have the $18. 00 to $24 .00 it costs to buy a carton of cigarettes, then minors will most likely attempt to buy one or two packs at a time. Whether the packs are on shelves behind the store counter or are contained in self- service display racks or shelf units on the store floor, the minor still needs the assistance of a store clerk. To buy a pack or two of cigarettes, the minor must either ask for a store clerk' s help if the packs are behind the counter or hand the packs to the store clerk if they were obtained from a self-service display. In both cases, the determining factor as to whether that minor is allowed to buy the cigarettes or is prevented from buying the cigarettes is the intervention of the store clerk. The real question then becomes "Does the store clerk sell the cigarettes to the minor or request identification and prevent the sale of cigarettes to the store clerk?" To achieve the goal of reducing the access of minors to tobacco products, we need to work cooperatively with you and emphasize employee training. At the meeting last week with the retailers, I learned that some retailers already have an in-house intensive clerk training program for all employees which include instructions on how not to sell tobacco products to minors. These in-house programs include instructor training, manuals and video tapes. In fact, SuperAmerica' s training program has been recognized by the Coalition for a Smoke-Free 2000 as a model program in the State of Minnesota. SuperAmerica is willing to work with those Eden Prairie retailers that do not have a training program to set up a similar training program. THE IMPACT OF THE ORDINANCE The current ordinance will have a significant impact on Eden Prairie retailers. At the meeting last week, retailers were concerned about the following effects on their businesses: 1. Clerks under the age of 18 may have to be laid off or employees over the age of 18 would need to be pulled from other duties to sell cigarettes. In a job market where filling a store clerk position is difficult given the limited number of applicants, a prohibition against under 18 year old clerks selling tobacco products will create additional staffing problems. 2 . The remodeling of store counters to accommodate all tobacco products will be costly. Significant alterations would need to be made to many store counters to create additional space. At grocery stores, a special service counter would have to be built and staffed separately because there is not sufficient room behind check out counters to store tobacco products. 3 . Retailers would lose tobacco manufacturer allowances paid for display racks and shelf space. A number of manufacturers of different products pay retailers display and shelf space allowances, not just tobacco manufacturers. These display allowances assist a retailer in maintaining profitability. 4 . Retailers would lose sales because they would not be able to display the special promotions on tobacco products. This loss of sales would impact a retailer' s profitability. Although they are unintended, these effects will become very real for Eden Prairie retailers. As a part of the business community in Eden Prairie, the retailers desire to avoid these effects while, at the same time, continue to reinforce or adopt the measures needed to prevent the sale of tobacco to minors. THE RECONSIDERATION REQUEST To lessen the impact of these effects, the Eden Prairie retailers request that you consider changing several terms of the current ordinance. The retailers would sincerely appreciate the replacement of the self-service tobacco merchandising prohibition and the 18 or older store clerk requirement with provisions similar to the Bloomington ordinance. That is, allow self-service tobacco merchandising so long as the tobacco products are either in plain view of a responsible employee or are equipped with an alarm system or locking device. Also, require that each retailer certify on an annual license application that an employee training program regarding the sale of tobacco products has been adopted and that all employees have been trained under the program. These changes to the ordinance will minimize the impact on retailers and be a significant step toward preventing the sale of tobacco products to minors. The Eden Prairie retailers want to genuinely cooperate with you to be a part of the solution to this problem. If you have any questions, please feel free to contact me. Thank you for your time. Sincerely yours, THOMAS A. BRIANT, P.A. Thomas A. Briant Attorney at Law cc: Minnesota Coalition of Responsible Retailers ORDINANCE NO. 94- AN ORDINANCE AMENDING CHAPTER 14,DIVISION D OF THE BLOOM]NGTON CITY CODE BY ADDING PROVISIONS REGULATING THE SALE OF TOBACCO-RELATED PRODUCTS The City Council of the City of Bloomington hereby ordains: Section 1: That Chapter 14 of the Bloomington City Code is hereby amended to read as follows: *** CHAPTER 14 LICENSES AND PERMITS *** ARTICLE IV. BUSINESS LICENSES AND REGULATIONS *** Division D. Sale of Tobacco-Related Products SEC. 14.145.0I. PURPOSE. The City Council finds that substantial scientific evidence exists that the use of tobacco-related products causes cancer, heart disease, and various other medical disorders. [The City Council adopts the conclusions of the Director of the National Institute on Drug Abuse that the majority of the three hundred twenty thousand (320,000) Americans who die each year from cigarette smoking precedes and may be predictive of adolescent illicit drug use.] It is the further finding of the City Council that the present legislative scheme of prohibiting sales of tobacco- related products to persons under the age of eighteen(18)has proven ineffective in preventing such persons from using tobacco= related products. The City Council has concluded that minors have ready access to self- service merchandising. including vending machines,[selling] which sell tobacco-related products and that the prohibition of the sale or dispensing of tobacco-related products through vending machines and the reguiation of sales through other means of self-service merchandising will thereby promote the health, safety and welfare of the residents of the City, particularly those residents under eighteen(18)years of age. SEC. I4.145.02. DEFINITIONS. The following words and terms when used in this Division shall have the following meanings unless the context clearly indicates otherwise: Business-refers to the.buriness of selling tobacco-related products.. Movable lace of business - a business whose physical location is not permanent or incapable of being moved or changed. • Self-service nnerchan Iising- means a method of displaying tobacco-relatedproducts so that they are accessible to the public without the intervention of an employees [Tobacco Products-any substance containing tobacco leaf;including, but not limited to, cigarettes, cigars, pipe tobacco, snuffy chewing tobacco or dipping tobacco.] Tobacco-related product-means cigarettes, cigars. cheroots. stogies.periaue, granulated_plug cut. crimp cut,ready. rubbed and other smoking tobacco: snuff.snuff flower. Cavendish, plug and twist tobacco:fine cut and other chewin. .e •_. 1•rt refuse scripts,clinpinszs. cuttings, and sweepings of toba p: and other kinds and forms of tobacco. prepared in such manner as to be suitable for chewing. sniffing. or smoking in a pipe: rolling paper or other tobacco related devices. and butane lighters and fluid. Vending Machine-any mechanical, electric or electronic, self-service device which, upon insertion of money,tokens or any other form of payment, dispenses tobacco products and including vending machines equipped with manual. electric or electronic locking devices. SEC. 14.145.03. LICENSE REQUIRED. No person shall keep for retail sale,sell at retail or otherwise dispose of any tobacco-related product at any place in the City without first obtaining a license therefor and paying a license fee. No license shall_be issued for tbeaale of tobacco- related products at a movable place of business unless the movable place of business is operated in an establishment licensed to sell tobacco-related_products and all mobile sales are conducted within a building, No mobile sales of tobacco-related products shall be made from motorized vehicles.. (b) Every license shall be conspicuously posted at the place for which the license is issued and shall be exhibited to any person upon request. Ic) No person shall be issued an originalQr renewal license to sell tobacco- related products unless that person has established a nror~ram for instatcting all employees in the legal requirements pertaining to the sale of tobacco-related products. SEC. 14.145.04. LICENSE FEE. The fee for a license to sell [tobaco]tobacco-related products shall be as set forth in Section 14.03 of this Code for such location. The annual license shall be effective for one year from the date of approval and such license shall be renewed annually on the anniversary date of such approval. SEC. 14.145,05 PROHIBITED SALES. No person shall sell, offer for sale, give away.furnish,or deliver any tobacco_ related product to any person under the age of eighteen(18)years. No person shall sell, offer for sale or dispense any tobacco-related product through the use of[a] vending machines. No person shall sell, offer for sale sr disoezj .y tobacco-related product through the use of self-service jperchandisinsr unless a resnonslble employee is present to view and monitor the self--rvice display and prevent the purchase or theft of such products by minors or the self-service display is equipped witlian alarm system or locking device capable of preventing the theft of tacyo-related products. SEC. 14.145,06. [SUSPENSION OR REVOCATION OF LICENSEI USE OF TOBACCO-RELATED PRODUCTS BY MINORS PROHIBITED. [Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this Code or the laws of the State of Minnesota. The licensee shall be sent written notice at least ten(10) days in advance of a hearing informing the licensee of the specific ordinance or statutory violation upon which the suspension or revocation is based.] No person under the age of eighteen (18)years shall use tobacco-related products. SEC. 14,145,07. [PENALTY1 SUSPENSION OR REVOCATION OF LICENSE. [Violation of any provision of this Division shall be a misdemeanor.] 'Rath license issued hereunder shall be subject to suspension or revocation for violation of anyprovisions of this Division or the laws of the tate of Minnesota. The licensee shall be sent written notice at least ten(l0) days in advance of a hearing informing the licensee of the specific ordinance or statutory violation upon which the suspension or revocation is based. SEC. 14.145.08. PENALTY, (a) It shall be a gross misdemeanor for anyone to sell tobacco- related products to aperson under the sge of 18 years. 4 • fb) It shall be a misdemeanor founyone to: i)furnish tobacco-relatedproducts to a person under the age of 18 years. £c) It shall be a petty misdemeanor for anY9ne under theitgo of 18years to use.purchase. attempt to purchase, or possess tobacco-related products, except that a person under 18 years of age who is employed in an establishment licensed to sell tobacco- relatedproducts may possess such products while selling or stocking them. This Section shall not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco-related products while under the direct supervision of a responsible, adult for training, education, research. or enforcement purposes, SEC. 14.14 5.09 AFFIRMATIVE DEFENSE. It is an affirmative defense to a charge under Section 14JL45.08(k) if the seller proves by a preponderance of the evidence that the seller reasonably and in good faith relied on proof of age as described in Section 340A.503, subd. 6 of the Minnesota Statutes,in making the sale, *** Passed and adopted this 2nd day of May 1994. Mayor A[J EST: Secretary to the Council APPROVED: City Attorney CITY COUNCIL AGENDA DATE: 8-16-94 SECTION: Petitions, Requests, Communications DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Community Development Appeal on Variance Chris Enger #94-15 - John Ketcham ti 6 Jean Johnson REQUESTED COUNCIL ACTION: The City Council is requested to take action on the following: Review information on variance request and determine if Council wishes to overturn the Board's approval. The Board vote was 4:1:1 to approve the variance. The general feeling among the BOA members voting in favor was that this house needed to be brought up to the character of other homes in the area, and the lot slope and mature trees did result in difficulty for expansion in other directions. The Board did require evergreens to screen the expansion. Approximately 40 residents were notified of the variance hearing before the Board; no one appeared at the meeting. SUPPORTING INFORMATION Ketcham submission material BOA draft minutes Staff Report Letter from one neighbor Background from previous variance #86-32 L., I -*Li Vag 414-15" Ove r" AT I 4-007 /20, 7;:E c9/E-/(r-/ di LA-51r- 1,-'-e"--S /IN*1-0 tn/ TifS S‘/A-7,•-) PIC /"1-4, .14-vD /-r A4W ow • La,r2 .1.40,,s. _0 /vs:327 AZ 7-z Al- tt/OW.S0-/, r / 24 771-e i11/91,-/ 7-0 7-ItS J/J4_-S 60,4*1? ritotAr241- A 6-,4-050 kz:Are.s A -s-7-2i-e7--/ /i3Sif•A— A-,%/ C 7;7: pf4,-,--f--egp A ,-j (11:- gof p‘,6- ft) 771.5 C.0 wEi2- e-(-)5 Of /1-02j07—mt-:---ivr3 st—Preo i1 7215 61-a)L.•<‘—'7"--- / ka /f72-7 --7")-rE c b,,/^/C-7712— (.7"tt _PS 7 _ feef-Ceet2lf? _ SLji 07 7.: e._,7" A731' "lieg- 5)/ A/E /-64-ve colt-75: 1,1177.9 L-Ar Al" r-K-7S 41.010Jiv 1,"'12 Pr-ofeT-1 -7-y _frzo 70 4-0014- A--57 A. /071!--.6c--- - Or DC Pu-."4" _C -0 mA, irp (C-x.A.2--tto _Irto .s-Lie-H 4 rw"4,-____Cat7J2!1 ks-dixel-Jo 6-X cA 1/./r7_ eff- ALe _70 7J1.15 470 V./1-p." IMES - z )f A s,,P-oz-0L- vs�.✓ [fir CT--)-=s of A C.9101=A r lziOC) / O ln//Ni r 1-JJ/ti WA-y /S/v L7 A 1.1A�-, -v /✓ 7)t G�//1/7t/Z- L.) I"'Cc /7- /S /`'o i- 0/2-1 K /,S �Z"✓ P ,� C-y /f A LO /T T/ r ,6 --0/40a0,,A—t_r d" z-g"r7)1J 5 77 /1OcJS !"/F Gi4n ' Gere-th.,/ w/7 /1--) ov12 fey (r/ 3l✓S_ X0v - c.0^✓S/Ocfz/"✓(r o4f1- le vicr r //As 44-7 Evr tO oyL ovfe ,c711-Jr tr L v !�✓i �� 1L J /,� ��_ o 1��¢. fcI S6-r-j/,9 G = oX 6-0 / f9-=/-r, -5 /vL . Ly, .„21 VICE ��}�t/✓ ��TG�tP�-y�-1 B - 3 Site Plan For 14007 Holly Road 959 } Holly Road . 950 r•-- Hedge 970 + 970 Existing Retaining Wall ; Proposed Garag / e . , , Addition ----�" � • •.•%. 960 Existing + • • • •• • i Garage Existing Driveway , .. • 956 i .. }. Existing 970 f ,- 11111 House + Existing Steps O:41' 0 v 970 + 1 960 + Existing Retaining Wall I . --_______j 0 , 20' Note: Elevations Are Approximate Based Upon Approx. Scale City Of Eden Prairie Topography. \TIII B - Li CAROARELLE & ASSOCIATES, INC. LANO SURVEYORS ti440 FLYING CLOUD DRIVE 941.3030 EOEN PRAIRIE, UfNN. 64344 CIRTI JCATI OF SURVEY Survey For: -\�': _ <� �� , 1 : — . .• — . , • ;.. ,,. J / {3 �j^ � Book PAO' —..i.e x i 0 L L • � • ' ' - .t., -.. ter:; rfi 4::,, '...f4-• 4 ... . i. .i•�.,. _ ...>L-=','..„„ :,,,..: ..,.,,,; ,.-.e �y}_--- 1,•.f;4 t1: u4:4-/- ,, ••.i.. '•r•...t.: a .t • Lie', .1: ;.;rk-1^.: r �•r�• • - /63 47 - • •... _� c{- ad� ' ..•.vie � � _ a: y. , Proposed Garage % •, , _~ , tt diAddition— /�� j I F.'i r`'i i '- 4. () - ,;, ' r a I C Iul z3 "T - • ± �' NoFKTH 30° SCAIC.. i"-.5C /1 , ;`-. a y` '3 _ ,i '' 3 ti;� ' -'B 'e9 inning at- a point on the North. '11 e of the Northeast Quarter of .thy ;• • Southwest Quarter of the Southwest: Q r er,• Section 3 Townshipie L6R. +•�, `` 1 Range 22,•.- Hennepin. County,, Minnesota;t distant 47.65 feet West aldrtg . ) ,i, P; • said North: line` from; the N"orthearst,co er thereof t thence Southw enc'1 estT; •r- at an angle of 79 'degrees- 40 minutes ,wfth Said North line 131,:71 • feetp''. ;, _ thence Northwesterly at.: a- right angle ;t44.2 feett thence North parallel to the East line .thereof 87.2..feet -to Ole North ,line thereof t thence..,Last ' along thee North Fine thereof to the:'point of beginning; according'•'to '. the U.S. Government Survey thereof:: .3- ' I e asAk Mrf Mies Is:r«as4 love* :.lied np. e d•saner IA Mr ttwsiiw se .+J ve• .i . .+s.r soy.h ..o. wi mmidhod..Ilinsp 4*weM 2- z�i ib w . dor.& /� /' • "V_fII13 - 5- z‘ ,-J7 ad Ire44, 07v, Avf 7 4 I} . _ U )aiLt zv -cam Zea_La? r /7. "`-S /Lere,t.T A WELI-e-j-/- Agdt kitittNeis l L"--e'r\ -6y1.2(1„2_,. cti 6753 5/6 .Y STAFF REPORT July, 1994 BOA C. Request #94-15 for John Ketcham of 14007 Holly Road to allow construction of a garage 11 feet from the front property line (Holly Road). (Code requires a 30 foot setback. Background The property under variance request consideration is zoned R1-22. The home according to the City Assessing file was constructed in 1942. The lot size is .90 acres or approximately 39,204 square feet. A single car basement level garage was added by the previous owner in 1951. The home and attached garage are currently 20' from the front property line. In 1951 the front yard setback was 30'. In 1986 the previous owner was granted a variance to construct an attached two car garage addition to the home creating an 11' front yard setback. A condition of the variance was that the flat roof on the garage would not be utilized as a deck or enclosed for living space or storage area. The board originally requested a gable roof be utilized. The previous owner requested the flat roof. This variance was never used. Request The new owner proposes to construct a single car basement level garage addition with living space on top. The garage will become two stalls. In addition the home's interior space will be reorganized and updated. The new addition will be setback 11' from the front property line. The difference between this variance requested and the request in 1986 is the two-story element of the addition versus a single story garage. The roof line of the new addition will not exceed the existing roof line. Alternatives Although the property is almost one acre the topography prevents the location of a garage elsewhere on the site without significant grading, additional retaining walls, and blocking neighbor's views. It is not likely that a driveway with a slope less than 12% grade could be constructed. The owner has lived in the home 3 years and believes this plan is the best scenario. If the garage and upstairs is reduced to 22 feet wide, the setback will be 13 feet. A visit to the site may assist the Board in evaluating this request and the specific topography of the lot. •Y Conclusion Mitigation factors may be the mature plant material between the street and proposed addition, and the elevation difference of 8± feet from Holly Road to the property. The Board may wish to choose from one of the following actions: 1. Approve variance request #94-15. 2. Approve variance request #94-15 with changes. 3. Continue variance request #94-15 if additional information is needed. 4. Deny variance request #94-15. BARBVEAN REPORTS\9415 V I I B - g Minutes UNAPPROVED Board of Adjustments & Appeals July 14, 1994 Bialowas said he could go another foot or two feet forward. Weeks opened the public hearing. No one came forward. Weeks closed the public hearing. Vasaly stated that the hardship here is really just the desire to have the extra garage stall. The proponent wants to put additional construction on a lot that just won't accommodate it. She does not understand why it's necessary for everyone to have a three stall garage. Bialowas answered that part of the reasoning that he would like to have an additional stall is he doesn't want cars exposed and garbage cans exposed. He said it is very important for appearance purposes. That's the main reason. MOTION: Lynch moved that the Board approve Variance Request 94-14. The hardship in this instance is the topography of the land. Moeller seconded the motion. Motion passed 5-1 with Vasaly voting opposed. C. Request #94-15 for John Ketcham of 14007 Holly Road to allow construction of a garage 11 feet from the front property line (Holly Road). (Code requires a 30 foot setback). Dunham said he is abstaining from these proceedings. John Ketcham of 14007 Holly Road came forward to present the variance request. He said he and his wife are expecting a child and the house they have right now is too small. They like the area they are in and have a nice lot. What they want to do is convert their single car garage into a double car garage. They also want to build above the building creating two additional bedrooms and one additional bathroom, and renovate and update the rest of the house. He said they want to straighten out the front door access because he is concerned for the safety of his family in the wintertime. He has a very steep incline in the drive-way and in bad weather when the ice builds up it's very slippery and it would be hazardous carrying the baby in the carrier. The stairs leading from the drive-way up the entrance way of the house is 7 fy v IT B - 9 Minutes Board of Adjustments & Appeals July 14, 1994 inadequate. It's minimal excavating and economically it's the wisest way to expand the house. Johnson noted that this property is in R1-22 zoning. The setback is 30 feet. According to City files this house was built around 1942 and the garage was added by the previous owner in 1951. Also, a previous owner in 1986 did request a variance for a garage addition and that was also 11 feet to the property line. The Board back in 1986 felt that the garage should have.a gable roof not a flat roof. They had concerns that the second story would appear too close to the road. The variance in 1986 was never used. The new owner took a look at the site and has tried to formulate the best way to expand on the house and garage because of the topography of the property. He feels this is the best approach to improving the property. The difference to the two areas is the second story addition. An alternative would be to minimize the amount of the addition. The addition shown is 24 feet. If it was 22 feet it would put it back to 15 feet. The concern with one of the neighbors is the structure appearing to close to the road. Weeks asked where the neighbor who opposes the project lives relative to the property. Johnson answered it's across Holly Road and it's the lot to the west. Weeks asked how long has Mr. Ketcham owned this property. Ketcham replied three years. Weeks asked if Mr. Ketcham was aware that there was a variance request back in 1986 when he bought the home. Ketcham answered no. When they bought the property they planned on living there to see if they wanted to stay there for a long time. They decided yes and started looking at different means to add on to the house, and that's when they discovered the variance was in effect. Lynch asked whether this was an existing one or two car garage because the drawing was confusing. Ketcham replied it is a one car garage. 8 VICE - 10 Minutes Board of Adjustments & Appeals July 14, 1994 Lynch asked what else is along Holly Road. Ketcham answered they are at a very high peak, they are very high up. From the actual development itself, when you look.to the east you see roof tops and the valley. If you look to the north you see the berms and the neighbors houses. If you look to the west you don't see anything. Then you look to the south and there's a neighbor right next to their property. Moeller asked if there is a retaining wall. Ketcham answered the retaining wall goes right into the bushes that are already there and they will make sure it is as natural looking as possible. Moeller asked about the designing and plumbing of the additional living space. Ketcham replied he plans on updating the copper pipes, electrical and the plumbing. Nelson asked if with the 11 foot setback from the road, is there any room to put in seven or eight foot evergreen trees that would give some year round screening. Ketcham answered you probably could if you wanted to take out the lilac bushes. Nelson asked if there was any room without taking out the lilac bushes. Ketcham answered behind them he doesn't think so. He said the room between the wall and the lilacs is probably going to be very small. He doesn't know if there's going to be a lot of room or not. Nelson asked if they thought of looking for another home in the same area due to the fact that this is such a large expansion. Ketcham answered they looked at that alternative and they really like the lot they have in addition to having incredible views. He said they looked at building a new house but didn't like the lot. The design they have come up with he feels is a fairly attractive design for what their needs are. The homes they looked at were very expensive. He said their lot has 30 trees on it and they like that sense of privacy. Weeks asked about the timing on this project. 9 VIMB — II Minutes Board of Adjustments & Appeals July 14, 1994 Ketcham replied that his father is the architect who designed the plans on this project and said they are ready to start construction as soon as possible. Weeks asked if they looked at ways of reducing the two story effect above the garage by placing it in the back or under the existing house. Ketcham answered they did but it would be too expensive because of the landscaping involved and the extra excavation. He said their house is approximately 1000 feet on the upper level and 800 on the lower which is totally unfinished. In the future they want to put a recreation room because they need the space. If they were to put the garage in there they would loose their basement. Herbert Ketcham, architect, stated that the way the house is constructed it would be very difficult to do it without going into major expenses. Weeks asked if there were any other way to do that and reduce the variance request. Herbert Ketcham answered if there were other ways to move it around they would but it would be difficult. He said it really belongs on that side of the house because of the location of the plumbing and the kitchen. Weeks said he is concerned about the retaining wall being seen in the wintertime when there are no leaves. He said it is uncharacteristic of what's in the neighborhood. He asked if Mr. Ketcham has spoken to the person who wrote the letter against this project. Ketcham answered that he did not. He has never met him. Weeks opened the public hearing. No one came forward. Weeks closed the public hearing. Nelson said she has a small problem about taking a small variance and bringing it into a more expensive variance. She is also concerned with the objection from the neighbor. 10 .Y �,J111 —IZ Minutes Board of Adjustments & Appeals July 14, 1994 Weeks said he would like to see a continuance on this matter to see if there's a way they can reduce the variance and still maintain their plans. He asked if there was any possibility of looking at this again for another design. Herbert Ketcham answered it's a possibility but it just changes the entire layout beyond being economically reasonable. Weeks asked if it was possible to get additional landscaping. Johnson answered what might work is removing some of the lilacs and placing the evergreens in between the addition and the property line. MOTION: Lynch moved that the Board approve Variance Request 94-15. The hardship in this instance is the topography of the land. Vasaly seconded the motion. Moeller added the amendment that some landscaping modifications be made and submitted. Motion passed 4:1:1 with Weeks voting opposed, and Dunham abstaining. D. Request #94-16 by Bruce Bren Homes,Inc. for 15339 Mason's Pointe for approval to glace a home 82 feet from the Ordinary High Water Elevation of Red Rock Lake (Code requires a 100 foot setback. Bruce Bren, builder representing Bruce Bren Homes, Inc, came forward to present the Variance request. He said his client came and wanted a home to be built by the water. He designed the home with what he thought were the setbacks. He has built many homes on several lakes and it was always a 75 foot setback. When he obtained the building permit he discovered that the setback was 100 feet. He was not aware of the 100 foot setback. The biggest hardship on the site is the tree. They can come forward some but not 18 feet, that's right in the tree. The design is for a four car garage and they can eliminate one stall and move the whole house forward and it still would be ten feet from the tree requiring only an eight foot setback. This setback is determined by the normal high water elevation. Weeks asked if that setback is measured to the house or the deck. 11 -a-rr, I3 - 13 5'62 VariatICe N FD . June 6, 1986 14007 Holly Rd. Eden Prairie, MN The Board of Adjustments and Appeals City of Eden Prairie Eden Prairie, MN 55344 RE: Front Yard Setback Variance Request at 14007 Holly Rd. PURPOSE AND BACKGROUND The purpose of the variance is to expand my existing single stall garage from its current width of 14 feet to a standard 24 foot wide two car garage. The request is for a variance from the City's front yard setback requirement of 35 feet to 11 feet as shown on the attached survey. The essential justification for the request is based upon topographical hardship. No City records exist to indicate when the current house was constructed. The existing garage floor slab contains a date of 1951, indicating the existing garage is 35 years old. According to City records, Holly Road was improved to its existing condition in 1971. The house is located facing east on a hill at the crest of Holly Road, west of Baker Road and the Forest Hills Elementary School . As can be noted on the attached site plan and pictures, access to the property occurs via a common driveway from Holly Road (the north property line) serving three other single family homes. The common driveway joins Holly Road at an elevation of approximately 950 and climbs southward at grades in excess of 10%. My personal driveway is also at approximately a 10% grade to an elevation of 960 at the garage floor. The garage is "tucked in" to the northside of the house with access through the existing basement. It is currently located 21 to 26 feet from the "front" (Holly Road) property line. An open parking area occurs north of the garage with retaining walls to the west and north. A five to six foot hedge is located north of the retaining wall on approximately the "front" property line. The majority of the property and main level of the home is located at an elevation of approximately 970, 6 to 14 feet higher than the common driveway to the east and 12 to 20 feet higher than Holly Road to the north. The "front" property line slopes to Holly Road at an estimated slope of not less than 2:1. "3 - (LI -2- June 6, 1986 Preliminary construction plans call for removal and replacement of the existing deteriorated garage roof and door and expansion of the structure by 11 feet (10 feet of usable space, 1 foot for the outside north wall ). The existing north wall would be opened to provide access to the home, but retained in part as a fire wall . The expansion would be "on grade" with the existing garage floor and outside parking area. Construction materials would be of block identical to the current structure. The roof would contain a slight pitch, the minimum necessary to carry water to a gutter on the north side; and as such would remain at approximately the same height as currently exists for the garage. Expansion of the garage would allow, in addition to greater safety and protection from inclement weather for the other family car, interior storage of such items as a canoe and garbage cans (which of necessity are currently stored outside.) JUSTIFICATION FOR THE VARIANCE AND MITIGATING CONDITIONS The basic premise underlying the request for variance is that a two car garage is a typical component of a single family home in Eden Prairie. As such it is customarily incident to property zoned and utilized for single family purposes. Based upon this premise, the justification for the variance is the unique topographical characteristics of the property. The elevation of the majority of the lot and steep slopes/retaining walls which occur to the north and east preclude construction of the garage at any other location on the property. As such, strict conformance with the City code would render construction of a two car garage in- feasible from an access standpoint and result in a hardship by precluding use of the property in a manner typical to single family homes in the community and immediate area. In addition to the fact that parking currently occurs in the area proposed for garage expansion, the characteristics of the lot will mitigate any impacts which might occur from granting the variance. The topography of the lot and surrounding area combined with the existing hedge will result in the expansion being visible from only a small portion of Holly Road, at the location of the current common driveway, and from the front yard of the house directly east of my property (approximately 10 feet lower than the garage). As such, the expansion will generally not be visible particularly from Holly Road. -3- June 6, 1986 CONCLUSION The purpose of the request for variance from the required front yard setback is to expand the existing single family garage to a two car garage, typical of single family homes in Eden Prairie. The existing topography of the property renders location of the garage on any other portion of the property infeasible and as such creates a hardship unique to this site. Any impacts of the variance will be significant- ly mitigated by the existing slopes and vegetation which eliminated views of the structure from virtually all locations, particularly Holly Road. Thank you for your consideration. Sincerely,Si�ce _/>/.4 4 Mitch Wonson MW/ca - 1 - 1 CITY OF EDEN PRAIRIE VARIANCE # 86-32 BOARD OF APPEALS AND ADJUSTMENTS FINAL ORDER RE: Petition of Michael L. Wonson ADDRESS: 14007 Holly Road VARIANCE REQUEST: A variance from City Code, Chapter 11, Section 11.03, Subd. 2, B, to permit construction of a garage 11' from the front yard property line (City Code requires 30'), The Board of Appeals and Adjustments for the City of Eden Prairie at a regular.(special) meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (YES x NO ). 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and platting Code. 3. Variance Request # 86-32 is herein Granted x , Denied 4. Conditions to the granting x , Denial , of said variance are as follows: 1) Flat roof on garage will not be utilized as a deck or enclosed for living or storage space. 5. This variance shall be revoked within 15 days after notice of failure to meet the required conditions has been given. 6. A copy of this order shall be forwarded to the applicant by the City Clerk. 7. This order shall be effective Aug. 14, 1986 ; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 8. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF APPEALS AND ADJUSTMENTS BY: u,,P) a k t DATED: 3- /8 "860 vrrT B - 17 _..., ..... '( - - • 3:: L,-,.... . 1 . • 1110 • /.77 j.:„.........._ .....7,:///„.. ..<41. _. -•- , N.. —1=0 1 r % ---,.<7.-i. ...,..._.1%........ .1•• .../.„ s..... • ''.. •s...., "J'A.-7*--- • ... . • \. ,. D DO jr —3 1 11 El TIFI. Q (`-\--) • 1 li . c c- =El C .) ...,..„.....L.,,r<, . _ILJL_JL.J . ----..... =0 0 =OD .."../j t 1:-Jfil CI i 7E1 Ei ri ) c‘li) ,3, s . c .. l J../C. /. C....• %110) .............. ..1 , -‘,... ,...,---%-c, t•-•)* . : . . . • . 1 • ./11,r7 1 --l• i .;. :s?- /4•:... ..-. • • as) ..),...1..a \4/1i ss. ' III • — •!..)1 •/7 / . . i• ,-J,-,• 5 . . . .. .. . : t t A.%:.: 1:: ::t • . . i ? ' I i • • '! ''''"." I 1 I I # , , ( . • ..... • I • i 411111 . _4. u „ ... . ._ -. . . .•- . -. -. - -•-.:: ::-.._ .:=- :, ..,,,: ,,,......-,,,..--i.ti,..q.,:,,,3o,g!g;;::: 4*1*-::;s,k;05:isrei..K4i;e:',7,' ' EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8/16/94 SECTION: PUBLIC HEARINGS ITEM NO. 0-- DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger APPEAL ON VARIANCE #94-17 - TANEN Jean Johnson Requested Council Action: Continue action on the variance appeal request to September 6, 1994 (as per August 8, 1994 letter). Supporting Information: August 8, 1994 Landucci/Guyette letter July 27, 1994 Landucci/Guyette letter ..0-11- C - 1 Date: August 8, 1994 To: Mayor Doug Tenpas and Council Members: Marty Jessen, Patricia Pidcock, Dr. Jean Harris, and the late Dick Anderson From: Sandy Landucc* ibl'/ ' Steve Guyette -- - ,, Subject: Variance number 94:17 for 6525 Rowland Road Request for Continuance On July 27, we requested in writing a meeting to discuss overturning the decision made by the Board of Adjustments and Appeals on this variance. Since, we have met with our neighbors and City staff to attempt to resolve this matter without formal council involvement. As per Chris Enger, City Planner, we are asking the Council for a continuance on our request to be heard; until such time as we can work out a compromise, or need to resolve with your involvement. We trust this notification does not waive our ability to remedy. We look forward to meeting with you regarding this matter should it be necessary and appreciate your sensitivity to our concerns. Thank you. July 27, 1994 To: Mayor Doug Tenpas and Council Members: Marty Jessen, Patricia Pidcock, Dr. Jean Harris, Dick Anderson From: Sandy Landucci Steve Guyette Subject: Variance number 94. 17 for 6525 Rowland Road We are requesting a meeting to discuss your overturning the decision made by the Board of Adjustments and Appeals on this variance. We are homeowners at 6529 Rowland Road. We owned this property when you (Mayor Tenpas and the City Council members) overturned the Board of Adjustments and Appeals request to subdivide this property in February 1990. In 1990, since the two properties received a variance from a 90 foot frontage on Rowland Road (they only have 25 feet each) and the topography for these two properties was difficult, and to minimize tree loss, the stipulation was made for a shared driveway. One piece the current variance is requesting is to change from a shared driveway to their own driveway so that the property owners can change the grade from 12 ' to 6' . We understand and are sympathetic to their request for a change in the grade of this driveway. However, because of the original stipulation, the limited frontage on Rowland, and the difficult topography, we feel the owners should change the grade on the existing driveway, not create another driveway. If you look through all the notes and recommendations from the Planning Commission, Board of Adjustments and Appeals and the developers agreement site plan, the shared driveway is clearly stated and was a main stipulation for this property's development. If this change is not stopped, the property owners on the adjacent lot (who have yet to build) will have to take down many full grown trees and will need another variance on the set back to put their driveway in. This change will negatively impact the value of our home at 6529 Rowland Road. Also, because of the change in grade for TWO driveways, it will cause a problems in drainage onto our property. You really need to see the sight to understand the difficulty involved here. Unfortunately, the Board of Adjustments and Appeals did not look at the sight, despite Jean Johnson's recommendation that they do so to understand the problems here (from the planning department) . We have had a landscape architect out to look at the sight and are prepared to present information he has drawn up and costs regarding the above mentioned problems. We look forward to meeting with you in regards to this matter and thank you for your consideration. CiAL--- 497 MIL C - 3 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: ?I Ito Ng Parks, Recreation and Natural Resources Commission ITEM NO. IX. A. SECTION: Reports of Advisory Boards, Commissions & Committees DEPARTMENT: ITEM DESCRIPTION: Requests from Athletic Associations Regarding PRNR Charitable Gambling Ordinance & Other Forms of Fund Raising Options Robert A. Lambert 1 BACKGROUND: Attached to this memorandum is a May 13, 1994 letter from the Hockey Association of Eden Prairie requesting the City Council consider a change to the Charitable Gambling Ordinance, which would allow the Hockey Association of Eden Prairie to lease space for the purpose of continuing the conduct of lawful gambling. Also, attached is a letter to the Mayor and City Council dated May 31, 1994 from the Girls Athletic Association requesting "guidance on the development and capital raising alternatives (i.e., pulltabs, corporate sponsorship, commercial signage, and available matching funds)." These two requests are directly related to the existing Charitable Ordinance and may impact other Eden Prairie Athletic Associations that may wish to consider using profits from pulltabs in order to fund or subsidize programs or facilities in the future. City staff invited the presidents from the various City athletic associations to attend the July 18, 1994 meeting of the Parks, Recreation and Natural Resources Commission to participate in discussion on the Charitable Gambling Ordinance, and to hear the discussion on other possible acceptable funding alternatives. CHARITABLE GAMBLING ORDINANCE: The existing Charitable Gambling Ordinance was adopted in order to accommodate the request of the former Eden Prairie American Legion Club. The existing ordinance limits the number of licenses to four within the city and is designated to a premise. Furthermore, each premise must be owned by the organization with the gambling license "except those at which lawful gambling could occur pursuant to a license or permit issued by the board prior to November 1, 1989" (American Legion Club). A copy of Section 5.4 of the City Gambling Ordinance is attached, as is a June 24th memo from our City Attorney interpreting Minnesota State law regarding charitable gambling. State law allows cities to adopt more stringent regulations than are required by State law, including the prohibition of lawful gambling. The City however cannot limit gambling licenses to city organizations, nor can it require the license holder to make specific expenditures of more than 10% from the net profits derived from lawful gambling. The City may require that organization expend all or a portion of its expenditures for lawful purposes "within the City's trade area." The trade area would include surrounding cities. The City can limit where gambling can and cannot be conducted, and can limit the number of sites within the jurisdiction where gambling will be allowed. 1 The City cannot arbitrally deny an application; therefore, if the City does change the ordinance there is no guarantee that athletic associations would get the licenses. Most likely licenses would be granted on first come first serve basis assuming the license applicant would meet State law requirements. Any. organization that is interested in the possibility of using the revenue from pulltabs to subsidize programs or to provide funds for constructing a facility of some sort should consider submitting an application to the State of Minnesota for approval as soon as possible. RECOMMENDATION: The parks, recreation and natural resources staff recommend the City Council consider revising the Gambling Ordinance to eliminate the requirement that the premise must be owned by the organization with the gambling license. Staff would further recommend that any organization with a gambling license must expend all of its expenditures for lawful purposes conducted within the City's trade area. GIRLS ATHLETIC ASSOCIATION REQUEST: The Girls Athletic Association submitted a letter May 31, 1994 indicating that the association is evaluating "appropriate methods and procedures to follow in raising capital" to fund a multi purpose building for the softball complex at Miller Park. The association would also like to install scoreboards as soon as possible. The association has estimated the cost to construct a two story multi purpose building between$125,000 to $150,000, and the cost for scoreboards between $3,000 and $4,000 for each of the four scoreboards needed for that complex. Some of the ideas that have been raised as possible funding methods are gambling receipts and corporate sponsorships. The association would like to know how much commercial signage would be acceptable within the park to encourage corporate sponsors. This issue was discussed briefly at the joint meeting between the Parks, Recreation and Natural Resources Commission and the City Council. The City Council directed this issue to further review at the commission level prior to hearing a recommendation from the commission. RECOMMENDATION: The parks, recreation and natural resources staff estimate the cost of a two story multi purpose building between $150,000 and $250,000, depending on size and materials. City staff support the concept of associations utilizing gambling receipts for fund raisers, as this concept has been accepted not only by the State of Minnesota, but throughout the State in various communities. As staff have indicated, there eventually will be seven buildings within Miller Park. A decision on which building should be constructed first may well be influenced by which association can provide matching funds or at least a significant contribution toward the project. There are very limited methods for raising large sums of revenue for these types of projects. Gambling receipts from pulltabs or bingo operations is certainly one method, while corporate sponsors is another. City staff are far less enthusiastic regarding extensive use of corporate sponsors if the requirement for sponsorship is commercial signage. The City has 2 invested several million dollars in Miller Park to develop a first class PARK. This park will be a combination athletic field and community park where many people will come to enjoy a variety of recreational activities including boating, picnicking, biking, hiking, bird watching, as well as utilizing the many athletic facilities at that location. The City has already invested over$100,000 in landscaping that facility and will continue to invest tax dollars in flower beds and additional plant materials. The City has received many comments over the years on why Round Lake Park is consistently requested as a location for State tennis and softball tournaments. The bottom line is the high quality of the facilities in a relatively natural setting which is so different from many athletic field complexes. Miller Park will be a similar facility, unless the City decides to allowing commercial signs to be attached to fences, buildings, etc. A small, tastefully done sign on a scoreboard can be part of the scoreboard and still clearly tell people who sponsored the scoreboard. Anything beyond that type of signage becomes a distraction to the beauty of the facility and the park. Eden Prairie has set standards for park development that all other municipal park systems envy. The parks, recreation and natural resources staff recommend that we continue to maintain those standards in Miller Park. BL:mdd gamble/Bob60 3 SECTION 5.40. GAMBLING. Subd. 1. Purpose. The purpose of this section is to regulate and control the conduct of certain gambling activities pursuant to the provisions of the Minnesota Statutes, 1990, Sections 349.11 -..22 inclusive. Subd. 2. Definitions. For the purposes of this section the terms used herein shall have the meanings defined or as used in Minnesota Statutes, 1990, Sections 349.11 - .22 inclusive. Subd. 3. Prohibition. There shall be no gambling in the City except in accordance with the provisions of this section and the provisions of Minnesota Statutes, 1990,Sections 349.11-.22,inclusive,and rules adopted pursuant thereto. Source: Ordinance No. 44-89 Effective Date: 12-21-89 Subd. 4. Exceptions. The provisions of this section shall not apply to the limited gambling activities described in Minnesota Statutes, 1990, Section 349.166 provided there is compliance with all conditions imposed by that section and the rules and regulations of the Board relating thereto. Source: Ordinance No. 1-92 Effective Date: 1-31-92 Subd. 5. Approval by Council. All forms of lawful gambling authorized by Minnesota Statutes, 1990,Sections 349.11 - .22 may be approved by the Council subject to the provisions of this section of the Code and law. Source: Ordinance No. 44-89 Effective Date: 12-21-89 Subd. 6. Application. An Organization or person seeking to obtain a permises or bingo hall license from the Board shall file in the Office of the City Clerk an executed,complete duplicate application,together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed in the Office of the City Clerk not later than three (3)days after they have been filed with the Board. Upon filing the application with the City, applicant shall pay to the City an amount determined by resolution of the Council as and for an investigation fee. Subd. 7. Conditions. A premises permit or bingo hall license shall be disapproved if the issuing thereof would result in a violation of any of the following conditions: A. Lawful gambling shall be limited to four(4)premises within the City,plus one(1)premise for each 10,000 persons residing therein in excess of 40,000. Each premise must be owned by an Organization, except those at which lawful gambling could occur pursuant to a license or permit issued by the Board prior to November 1, 1989. B. No more than one (1) Organization may lease or own (through joint or other multiple ownership arrangemnt) a premise for the purpose of conducting lawful gambling thereon except those premises at which lawful gambling could occur pursuant to a license or permit issued by the Board prior to November 1, 1989. C. Notwithstanding the conditions of this subdivision a licensed Organization may conduct lawful gambling in accordance with the exceptions described in Minnesota Statutes, 1990, Section 349.18, Subd. 2. Source: Ordinance No. 1-92 Effective Date: 1-31-92 5-23 Subd. 8. Tax. A. There is hereby imposed a tax on all lawful gambling conducted in the City by Organizations licensed by the Board at the rate specified in this subdivision. Source: Ordinance No. 44-89 Effective Date: 12-21-89 - B. An Organization's receipts from lawful gambling that is exempt from licensing under Minnesota Statutes, 1990, Section 349.166 are not subject to the tax imposed by this section. Source: Ordinance No. 1-92 Effective Date: 1-31-92 C. The tax is one percent (1%) of the gross receipts of a licensed Organization from lawful gambling less prizes actually paid out. D. The tax imposed by this subdivision shall be•paid by the Organization on a monthly basis and shall be reported on a copy of the gambling tax return filed with the Board each month. The report shall be an exact duplicate of the report filed with the Board without deletions or additions and must contain the signatures of Organization officials as required on the report form. E. The tax return and payment of the tax due must be postmarked or, if hand-delivered, received in the office of the Finance Director of the City on or before the last business day of the month following the month for which the report is made. An incomplete tax return will not be considered timely filed unless corrected and returned by the due date for filing. Delays in mailing, mail pickups, and postmarking are the responsibility of the Organization. The tax return and tax payment shall be delivered to: Finance Director 7600 Executive Drive Eden Prairie, MN 55344 There shall be an interest charge of eight percent(8%)on all overdue taxes owed by an Organization under this section. Source: Ordinance No. 44-89 Effective Date: 12-21-89 F. The Council shall disapprove any pending application for renewal or original issue of a premises permit or bingo hall license for any Organization or person which owes delinquent taxes to the City. Further, the Finance Director may notify the Board of any Organization owing delinquent gambling taxes to the City and may request that the Board revoke or suspend the Organization's premises permit or license. The Council shall not issue or renew any on-sale or off-sale alcoholic beverage license, bottle club permit, or food license to any Organization which owes delinquent gambling taxes to the City. The above remedies are not exclusive and shall be in addition to any other powers and remedies provided by law. Source: Ordinance No. 1-92 Effective Date: 1-31-92 5-24 Subd. 9. Expenditures for Lawful Purposes. A. Each Organization licensed to conduct lawful gambling within the City pursuant to Minnesota Statutes, 1990, Section 349.213 must contribute ten percent (10%) of its net profits derived from lawful gambling in the City to a fund administered and regulated by the City without cost to the fund for disbursement by the City of such receipts for lawful purposes. Source: Ordinance No. 44-89 Effective Date: 12-21-89 B. Each Organization licensed to conduct lawful gambling within the City pursuant to Minnesota Statutes, 1990, Section 349.16 must expend thirty percent (30%)of its expenditures for lawful purposes on lawful purposes conducted or located within the City's trade area. The thirty percent (30%)of its expenditures shall be in addition to the ten percent (10%)of its net profits contributed to the City pursuant to Subd. 9. A. hereof. The City's trade area is hereby defined to be the geographical limits of the City and the geographical limits of each City contiguous to the City to-wit: the cities of Bloomington, Edina, Minnetonka, Chanhassen, Shakopee, and Savage, Minnesota. Source: Ordinance No. 35-90 Effective Date: 10-12-90 Subd. 10. Records and Reports. A. Organizations licensed by the Board shall file with the City's Finance Director one(1)copy of all records and reports required to be filed with the Board pursuant to Minnesota Statutes, 1990,Sections 349.11-.22 and rules and regulations adopted pursuant thereto. Such records and reports shall be filed on or before the day they are required to be filed with the Board. B. Every gambling occasion in the City conducted by an Organization shall be open to inspection by the City's police officers and other employees. C. The City's police officers and employees may inspect at any reasonable time without notice or search warrant all records of a licensed Organization including gambling accounts and other bank records required by the Board to be maintained and preserved. Source: Ordinance No. 44-89 Effective Date: 12-21-89 SECTION 5.41. GASFITTER. Subd. 1. License Required. It is unlawful for any person except a person holding a gasfitter's license to install, alter or repair any gas piping for illuminating or fuel gas or install,alter, repair or service any gas burning devices connected thereto in or for any building or structure in the City without a license therefor from the City. Subd. 2. Applications. The application for a gasfitter's license or renewal of license shall be accompanied by proof that the applicant holds either a master's certificate of competency issued by the Minneapolis Board of Examiners of Plumbers,a certificate of competency issued by the City of Eden Prairie,or a gasfitter's license issued by any of the following cities: Minneapolis, St. Paul, Bloomington, Duluth, St. Cloud, or Rochester. Subd. 3. Bond Required. Every applicant for a gasfitter's license shall file with his application a continuous bond for the benefit of the City and persons injured in the amount of$1,000.00, conditioned that the licensee, in all material and equipment by him furnished and in all work by him done and performed installing, altering or repairing gas piping or installing,altering, repairing or servicing gas burner devices or gas burner equipment will 5-25 —lo — LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE, SUITE 370 EDEN PRAIRIE,MINNESOTA 55344 TELEPHONE: (612) 829-7355 FAX: (612)829-0713 ROBERT I.LANG MINNEAPOLIS OFFICE ROGER A.PAULY DAVID H.GREGERSON* FIRST BANE PEACE RICHARD P.ROSOW 1600 IBM PARK BUILDING MARK J.JOHNSON 650 THIRD AVENUE SOUTH JOSEPH A.NILAN MINNEAPOLIS,MN 55402-4337 JOHN W.LANG** TELEPHONE(642)338-0755 SUSAN M.LACH*** FAX:(612)349-6718 JUDITH H.DUTCHER WILLIAM R.MILLER REPLY TO EDEN PRAIRIE OFFICE TODD A.SATTLER JENNIFER M.INZ *Also Admitted in Wisconsin **Also a Cenifxd Public Accountant ***Also Admitted in Colorado MEMORANDUM TO: Bob Lambert John Frane FROM: Roger A. Pauly r' DATE: June 24, 1994 SUBJECT: Use of Proceeds From Charitable Gambling M.S. §349.15 provides that gross profits may be expended only for lawful purposes or allowable expenses as authorized. M.S. §349.12, Subd. 25 (a) defines a lawful purpose as including, (7) recreational, community and athletic facilities and activities intended primarily for persons under age 21 provided that such facilities and activities do not discriminate on the basis of gender. (criteria to determine whether there is gender bias are set forth) and (10) a contribution to the State or any of its political subdivisions. (b) Lawful purpose does not include, (3) the erection, acquisition, improvement, expansion, repair or maintenance of real property owned or leased by an organization unless the gambling board has specifically authorized the expenditure after finding that the real property will be used exclusively for one or more of the purposes in paragraph (a) or (6) the erection, improvement or expansion of real property which will be used for one or more of the purposes in paragraph (a) 7. unless the organization making the expenditures notifies the board at least fifteen (15) days before making the expenditure. Subd. 28 provides that an organization means any fraternal, religious, veterans or other non-profit organization. _ 7_ LANG, PAULY & GREGERSON, LTD. June 24, 1994 Page 2 M.S. §349.213, Subd. 1. provides that a statutory city has the authority to adopt more stringent regulation of lawful gambling within its jurisdiction, including the prohibition of lawful gambling. The authority granted by the subdivision does not include the authority to require a license or permit to conduct gambling by organizations or to require an organization to make specific expenditures of more than ten percent (10%) from its net profits derived from lawful gambling. That subdivision also provides that a city may require an organization to expend all or a portion of its expenditures for lawful purposes conducted or located within the city's trade area. A trade area must include not only the city, but each contiguous city. Finally, more stringent regulations must apply equally to all forms of lawful gambling, except paddle wheels. In Attorney General Opinion 733, dated July 29, 1988, the Attorney General stated that a city can (i) indicate where in the jurisdiction gambling can and cannot be conducted; (ii) limit the number of sites within the jurisdiction where gambling will be allowed; and, (iii) prohibit gambling altogether. M.S. §349.213, Subd. 2 provides that before issuing a premises permit or bingo hall license the board must notify the city council and the board may not issue a permit unless the organization submits a resolution from the city council approving the premises permit or the bingo hall license. The Attorney General stated that Section 349.213 offers no guidance with respect to the reasons a local unit of government may disapprove an organization's application. The Attorney General stated that impliedly the local unit of government can develop certain criteria upon which to base the governing body's decisions to approve or reject applications by organizations wishing to conduct lawful gambling in the jurisdiction; failure to do so could result in claims that actions by the governing body are arbitrary and capricious; it is well settled that a local unit of government may not act arbitrarily in denying an application for a license; and limiting lawful gambling to local organizations may result in a violation of the equal protection clause of the State and/or federal constitutions. A determination of the reasonableness of such a classification calls for factual and policy determinations that are beyond the scope of Attorney General's Opinions and therefore the Attorney General did not state whether conditions which would limit the granting of gambling licenses to local organizations would be found reasonable in the circumstances. City Code presently limits the number of licenses that may be granted. I expect that without any criteria as to the owners of what premises are eligible to receive City Council approval, a "first-come, first-serve" rule would apply. 8- HOCKEY ASSOCIATION OF EDEN PRAIRIE 16700 VALLEY VIEW ROAD EDEN PRAIRIE, MN 55346-4243 May 13, 1994 'a. John Frane Finance Director • City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear John: It was a pleasure meeting with you earlier today and discussing certain fund raising activities of the Hockey Association and city ordinances regarding the conduct of lawful gambling by non-profit organizations. To summarize our activities in this area, we have been operating at the Eden Prairie Bingo Hall for over 2 years, conducting bingo games and selling pulltabs and tipboards (meat raffles ) . We currently operate Thursday, Friday and • Saturday evenings and Sunday afternoons . No one under the age of 18 is allowed in the bingo hall and alcoholic beverages are not allowed in the bingo hall . * 100% of our profits support Eden Prairie youth athletics. We have contributed $24 , 000 to date. * We employ approximately 25 part-time employees. * We pay a gambling tax to the City of Eden Prairie each month. $1 , 067 will be paid for the month of April 1994 and we have averaged $821 per month since November 1 , 1993 ( the date when we became the sole operating organization at the bingo hall and adopted our current operating schedule ) . * We provide low-cost entertainment for 300-400 customers , averaging 100+ patrons per bingo session, many who travel into Eden Prairie and many who are elderly. * We have successfully operated for 2 years, having implemented sound business practices and developing positive employee and customer relations. We are subject to regular audits by a Certified Public Accounting firm and we comply with the numerous State of Minnesota Statutes and Rules. P-1, 47.7. EDEN PRAIRIE GIRLS ATHLETIC ASSOCtAR GIRLS ®®. PO BOX 444-052 EDEN PRAIRIE MINNESOTA 55344 May 31, 1994 Dear Mr. Major and the Eden Prairie City Council: The purpose of this letter is to inform you of a high priority objective that EPGAA has for the further development of Miller Park. We are also seeking your guidance on appropriate methods and procedures to follow in raising capital to complete our objectives: EPGAA views Miller Park as a"dream coming true" for our youth fast-pitch softball program. The foresight and technical planning of your staff professionals has produced a "National Class" facility. The EPGAA objective is to complete your plan with a multi-purpose (center of the pinwheel of fields) building. We also plan on enhancing the playing conditions with scoreboards. •The Building: Two Story Multi-Purpose •Estimated Cost $125,000-$150,000 •We will seek donations and developing at cost •Potential funding through; gambling receipts, corporate sponsorships, other • Desired completion- 6-95 to 11-95 •The Scoreboards: Basic 4'x 8'Electronic Board(4 fields) • Estimated Cost $3,000-$4,000 Each Installed • We will seek corporate sponsors (require advertising sign) • Desired completion 6-95 The EPGAA is dedicated to completing these projects (with your approval) and we seek your guidance on the development and capital raising alternatives (i.e., pull tabs, corporate sponsorship, commercial signage, and available matching funds). We look forward to producing facilities to match the caliber of Miller Park and benefit all youth organizations year-round. Thanks for your consideration. OCEL0114'' ' )21-446.0111-6$'‘ Dale A. Alberts Mtchael Jensen 41A" Head Coach& Project Volunteer EPGAA Commissioner of Softball Unapproved Minutes Parks, Recreation & Natural Resources July 18 1994 B. Requests from Hockey Association and Girls Athletic Association RE: Charitable Gambline Ordinance and Other Forms of Fund Raising Options - Lambert indicated the Hockey Association issue was addressed by the City Council as they couldn't wait. The Girls Athletic Association (GAA) is looking for direction as to acceptable advertising they can commit to a corporation when they go out to corporations asking for donation to help pay for equipment or facilities. Lambert recommends that we don't put advertising signs on the fields. They've asked if a dedication plaque on a building would be acceptable and what our thoughts are receiving the profits from pulltabs in some of the bars. Hilgeman opposes gambling to support youth athletics in Eden Prairie. It's a poor example and sends a bad message to our youth. They can earn money through other means or wait for the City for the dollar support. They will get their equipment or facility eventually. It just might not be as soon as they want it. Koenig and Brown oppose the use of advertising in the parks. Lambert indicated that the Hockey Association is the only association approved to use gambling. Only 4 permits are allowed in the City. Lambert also explained the guidelines at the Community Center for advertising and producing revenue are different than the parks. MOTION: Moved by Popovich Lynch, seconded by Hilgeman to recommend the City Council deny extension of the use of gambling proceeds to fund recreation in the Eden Prairie Parks and that the Park Commission not support commercial sponsors for signage. Motion passed 5 - 1. C. Review Petitions for Bike Trails and Recommendation for 1995 Budget 1. County Road 4 Trail 2. Bryant Lake Drive Trail 3. Scenic Heights Trail 4. Golf View Drive Sidewalk Cross stated that the City received four petitions for trails in 1994 and provided information outlined in her memo of July 14, 1994 on the subject of Trail Priority Rankings for 1995 budget. She also added that Bryant Lake Drive serves about 8,000 car daily at the 45mph speed. Wendy Meyers, 14327 Golf View Drive, represented the petitioners from the Golf View/Kingston area who are concerned about safety. She addressed the issues of excessive speed,blind spots on a relatively narrow,hilly road and the residents of the Kingston area not wanting sidewalks in their area. 3 — // - .- mac wiriiiimmaimilmaiiiiiiSOUTHWEST METRO TRANSIT �� 8080 Mitchell Road,Suite 104 Eden Prairie,MN 55344 (612)934-7928 Fax(612)949-8542 August 9, 1994 MEMO TO: Eden PrairkMayor and City Council FROM: Diane Harberts ' /" SUBJECT: Consideration /st Sharing for High Speed Bus Activities SUMMARY This is a request for consideration by the Eden Prairie City Council of cost sharing with Southwest Metro Transit of a $7,500 assessment by the High Speed Bus Coalition for planning and program preparation and for legislative work done during the 1994 legislative session. The Southwest Metro Transit Commission voted late last year to participate in this program, subject to cost sharing by the City of Eden Prairie. Apparently this item has been overlooked until now, which is why it is coming to you at such a late date. The requested City share would be $3,750. BACKGROUND During the summer and fall of 1993 a group of representatives from cities and counties in the southwest metro area met regularly to explore the creation of a unique transit program incorporating specialized transit vehicles, expanded transit service provision, and enhanced suburb to suburb transit connections. The program was dubbed "High Speed Bus" because of enhanced use of high occupancy vehicle (HOV) lanes in freeway corridors by High Speed Bus (HSB) vehicles. The program itself was unique because it was created, planned, fostered and promoted by this group of local governments rather than the Regional Transit Board or the Metropolitan Council. Funding for the program was raised through voluntary assessments to member cities and organizations, such as the Minnesota Valley Transit Authority. The Southwest Metro Transit Commission (SMTC) originally did not seek membership in the HSB Coalition because it appeared the program was primarily intended for the 35W corridor. Instead SMTC staff attended meetings and monitored the activities of the organization. During the late fall of 1993 a service plan was developed by consultants to the HSB Coalition which included the use of a shoulder diamond lane along I-494 for bus use, and new shuttle services along the I-494 corridor which were consistent with longer term planning of SMTC. A Joint Powers Agreement by and between the Cities of Chanhassen, Chaska&Eden Prairie I High Speed Bus Page 2 An extensive lobbying effort was mounted by the HSB Coalition before and during the 1994 Legislature to seek funding for the HSB demonstration project in the southwest metro area. The total request was for $14.55 million in a mix of general fund appropriations, metropolitan bonding and state bonding to purchase vehicles, build and enhance facilities, make highway improvements, and provide operating funds for this demonstration project. The opt-out transit systems included support of the HSB program in their 1994 legislative agenda because the goals of HSB were consistent with opt-out transit goals and would have provided additional funding in opt-out areas for enhanced transit services. SMTC staff, upon request of the HSB coalition, brought a request for participation in the HSB Coalition to the SMTC Commission at the December, 1993 Commission meeting. At that meeting the Commission agreed to pay the standard fee of $7,500 contingent upon cost sharing participation by the City of Eden Prairie. The cities of Chanhassen and Chaska were outside of the service area of the HSB demonstration project. DISCUSSION The HSB request to the 1994 Legislature was not successful, and no funding has been identified for the program. (See attached 1994 Legislative Report. ) The HSB Coalition did involve many units of government who became paying members, including Bloomington, Richfield, Edina, Dakota County, and the Minnesota Valley Transit Authority representing Burnsville, Apple Valley, Eagan, Savage, Prior Lake and Rosemount. The $7,500 from SMTC and the City of Eden Prairie was programmed and spent by the HSB Coalition, even though no final approval was ever given. It was assumed through conversations with Eden Prairie City staff that the City would be supportive of the program. However, the request to the City Council apparently slipped through the cracks, and it is no longer apparent who was responsible to bring the item to the Council - SMTC, the HSB Coalition representatives or City staff. Meanwhile, SMTC is being billed by the HSB Coalition for the entire $7,500 assessment, and would like to bring this matter to conclusion. REQUEST It is requested that the Eden Prairie City Council consider a request by the High Speed Bus Coalition for cost sharing of a $7,500 assessment with the Southwest Metro Transit Commission, for planning, program preparation, and for legislative work performed by the High Speed Bus Coalition. The total share for the City of Eden Prairie would be $3,750. oZ High Speed Bus Coalition 1994 Legislative Report May 20, 1994 JMS Communications & Research LJR Inc. High Speed Bus Coalition 1. Phase III Summary From July 1993 until January 1994, member communities of the High Speed Bus Coalition, along with state and local transportation agencies, worked together to plan a metropolitan area High Speed Bus Demonstration Project. In February 1994 Coalition members completed and approved a plan and unanimously agreed to seek legislative funding for a two-year demonstration project to begin in Fall, 1995. The Coalition plan calls for providing High Speed Bus service in the Interstate-35W and Interstate-494 service areas. Costs for operations, needed facilities, highway infrastructure and vehicles were broken down and detailed in the following manner: $2.45 million for three transfer facilities along I-35W and I-494; $6.25 million for approximately 25 high-technology buses; and $2.60 million for planned infrastructure improvements, including a shoulder bus-only lane along I-494 and several ramp meter bypasses in both corridors. An additional $3.25 was requested to fund a two-year service and program support budget for operations. The High Speed Bus Coalition decided to fund this third phase of the High Speed Bus Project to also demonstrate several things: • The existence of a feasible, timely and efficient alternative to long-range plans for light rail transit which addresses commuter trips in the near future, especially along congested corridors of the metropolitan Twin Cities. • Improvements made along these corridors would benefit not only transit riders within the system, but also encourage further HOV lane usage by carpools and vanpools. • Communities could work together, proactively, in affecting desired outcomes for major public policy decisions in their areas. • Support of the High Speed Bus Plan was forthcoming from a number of sources, including those seeking low-cost transit alternatives to LRT, agencies that were involved in the rigorous debate over preferred LRT alignments and the amount of right-of-way necessary for future roadway expansion, the media and, most importantly, the general public. Consultants were asked during the third phase of the project to continue to provide 1 11 services to include legislative communications and research; intergency coordination; service planning refinement, research and development; marketing, and Coalition administration and coordination. A major educational campaign was undertaken at the State Capitol to underscore the importance of a regional plan paid for by local communities and developed with the full cooperation and approval of diverse state and local public agencies. This fact, along with the relatively low cost of the planned system, won the support and backing of a number of legislators and public officials, including the Department of Transportation, the Metropolitan Council and the Regional Transit Board's endorsements of the Metropolitan Area High Speed Bus Plan. 2. Legislative Activity The Coalition's bill calling for a High Speed Bus pilot project contained four elements -- 1) definition of the plan and process for establishing and assessing results of High Speed Bus; 2) a $3.25 million general fund appropriation to fund operations for a two-year demonstration project; 3) $8.7 million in metropolitan bonding for buses and facilities; and, 4) $2.5 million in state bonding for highway infrastructure improvements. Senator Phil Riveness, DFL-Bloomington, and Representative Mark Mahon, DFL- Bloomington, who had carried the High Speed Bus bill in the 1993 legislative session, were chosen as the chief authors. During the legislative process, the High Speed Bus project received a great deal of visibility and gained new friends, not only in the House and Senate, but in the agencies and news media. Often-heard questions from legislators during committee hearings on the bill were "Why haven't we done this already?" and "Could we put high speed bus in my district?" Efforts of the legislation in both the Senate and House were hampered by limited existing transportation resources and an unwillingness by House members and the Governor to commit to an increase in transportation revenues in an election year. Legislators on both sides of the aisle had hoped for a brief session in a non budget year, enabling them to get a jump on individual and party campaign efforts. As things dragged on, tempers flared, political rhetoric increased, and getting things done quickly and with little new spending took precedence over everything else. In short, it was a difficult year to seek any funding and transportation was no exception. In the Senate, the High Speed Bus bill passed intact through Transportation Finance and full Transportation, and on to Finance, with the understanding that availability of funding would have to be dealt with in the Finance Committee. Operating 2 dollars for new iniatives were not available and support for limited state bonding dollars fell through when the House refused to flag interest in High Speed Bus funding in its appropriations or state bonding bill. The metropolitan bonding for buses and facilities was kept alive when a proposal for $6.25 million in metropolitan bonds for High Speed Bus was amended into the Metropolitan Transit Commission's bonding bill in the Senate Tax Committeee. The amendment also contained the process/plan language from the original High Speed Bus bill. That amended bill went on to pass the Senate. In the House, the High Speed Bus bill did not emerge from the Transportation's Transit Subcommittee, but an omnibus transit funding bill carried by Representative Betty McCollum included $3.25 million in High Speed Bus operating dollars and $5.5 million in metropolitan bonding for High Speed Bus facilities and bonding. Because of a desire by some Transportation Committee members to keep the potential routes for High Speed Bus open at this time, McCollum did not include the process/plan language in her bill. The omnibus transit funding bill moved on to the House Economic Development Infrastructure and Regulation Finance Division, where the operating funding was stripped out. The bill was amended to include state bonding for highway infrastructure, but that proposal was not heard by the Capital Investment Committee that puts together the state bonding bill. The metropolitan bonding for High Speed Bus vehicles and facilities remained in the McCollum bill as it traveled through two more committees before being intentionally grounded in House Ways and Means. The major issue for metropolitan House members was the impact on the metropolitan property tax of proposed metropolitan bonding for transit. Because the Senate had taken a stand in support of the High Speed Bus metropolitan bonding, in addition to MTC bonding, an attempt was made to include this provision in negotiations in the state bonding bill and transportation finance bill. Due to the House's unwillingness to support metropolitan bonding, no progress was made. A last attempt was made to amend the High Speed Bus bonding proposal on to the state bonding bill in conference committee but failed. In addition to working with legislators, legislative staff and Coalition chairs to coordinate, organize and assist in implementation of legislative efforts and coordinating those efforts with affected agencies, the consultants continued to meet and talk with others, including organizations and interested individuals, to broaden the base of support on this project. A promising shift of public awareness of the project has resulted, and even support among some long-time advocates of Light Rail Transit who are beginning to see the benefits of High Speed Bus for all advocates of metropolitan transit. 3 High Speed Bus — 1994 Senate Action High Speed Bus Bill S.F 2153 Introduced containing: 1) Process/Plan 2) Operations dollars 3) Bus/Faality Bonding 4) Highway Bonding Bill referred to Transportation. HSB process/plan& Sent on to Finance Division. bus/facility bonding I amended to S.F.2816, y MTC Bonding Bill. ........................ . Transportation Finance Division .............. Bill passes to full Transportation Committee. Tax Committee I S.F.2816,with HSB process plan and metro bonding Transportation Committee passes to Senate Floor. W I" Bill passes to full Finance Committee. Floor Fi nance S.F.2816 passes floor,but House companion is bottled up in committee and does not pass. Highway bonding proposal passes on for consideration in state bonding package. Attempt to amend HSB Committee does not fund HSB operations Bus/Facility bonding into State bonding bill fails. Finance State Government Div. Bonding Conference Committee Finance Division does not indude HSB highway bondng proposal in State bonding bill. 7 High Speed Bus — 1994 House Action High Speed Bus Bill H.F. 2266 introduced containing: 7 1) Process/Plan 2) Operations dollars 3) Bus/Facility Bonding 4) Highway Bonding Bill referred to Transportation. Sent on to Subcommittee. i Transportation Subcommittee Subcommittee hears bill,tables it ................... ....... . .. Transportation Committee I H.F. 2648,transit funding package,emerges with HSB operation dollars,55.5 million HSB bus/facility bonding. 1 Economic Development Infrastfutture & Regulation finance I Tax Committee H.F.2648 amended to include HSB highway bonding. That provision moves on to Capital Investment; MTC and HSB bus/facility bonding move to Tax Committee, Committee amends H.F.2648,splitting MTC/HSB Committee does not fund HSB operations. bus/facility bonding between state and metro bonds. W Capital investment + Committee does not hear HSB highway bonding Ways & Means Committee request H.F.2648 with HSB bus/facility bonding restored to all metro bonding and sent on to Rules Committee. H.F.2648 sent to Ways&Means. Rules CommitteeDies there. q 3. Results Although the High Speed Bus Coalition was unable to obtain a legislative commitment for capital or operational funding for its proposed two-year service demonstration, several major objectives were accomplished with the continual presence of the High Speed Bus Coalition at the Legislature: • A clear vision of how a High Speed Bus system could work in the Twin Cities metropolitan area waspresented to the legislature, media and P g public. This vision was applauded and supported by both major Twin Cities newspapers in editorials published on April 11, 1994. • A "middle-of-the-road", reasonable approach was taken by the High Speed Bus Coalition in the development and request for funding of the two-year service project. Billed as an interim test for the development of potential light rail transit corridors, "High Speed Bus" became a well-known topic of conversation and debate among both the transit and highway constituencies, winning advocates in both camps. • Agencies, among them MnDOT, the Metropolitan Council and the Metropolitan Transit Commission, cealized that, without the support of High Speed Bus Coalition member Communities, a "new transit partner- ship" could never be created, especially along the I-35W and I-494 corridors. • The High Speed Bus Coalition provided a perfect opportunity to demonstrate the potential for a unique collaboration among cities, counties and local and state agencies. • The Twin Cities Metropolitan High Speed Bus Plan has wide market appeal and has effectively demonstrated that it is able to be duplicated on a broad scale in other areas of the Twin Cities. 6 9 • 4. Issues The High Speed Bus Coalition's efforts to achieve its funding goals were hampered by several issues during the legislative session. These should be considered and addressed in any future attempts to receive legislative support for funding. • There was resistance by some urban metropolitan legislators to spending money in the suburban southwest metropolitan area. A metro-wide High Speed Bus plan with phasing or an enlarged demonstration project would be a way of addressing this issue. • The southwest metropolitan area is primarily a Republican stronghold while legislative leadership is Democratic. This project was viewed by many Democrats as a Republican project. Assuming the GOP does not take over the Minnesota House and Senate in the fall, Democratic support needs to be increased among Coalition partners and their constituent legislators in primarily Democratic jurisdictions (Hennepin and Ramsey Counties, Minneapolis and St. Paul). • Legislators edgy about sticking their necks out on new funding that would be vetoed by the Governor consistently asked if the Governor supported the project, had promised not to veto it, or had included it in his budget recommendations. The Coalition needs to work with the Governor, his staff and the agencies to get his support early and have the project included in his 1995 budget recommendations. • The Legislature was reluctant to fund new projects because of a lack of transportation funding revenue and an inability to fund projects already • a part of state and metropolitan plans. With neither the Legislature nor the Governor up for election year, it will be a prime time to identify new transportation funding sources. The Coalition needs to provide whatever assistance it can in this area. The Coalition also needs to work to get the High Speed Bus integrated into agency plans, not just have it be consistent with agency plans. 7 !0 Item XL 6 2 MEMORANDUM TO: Mayor and City Council PROM: City Manager Carl J. Jullie DATE: August 11, 1994 SUBJECT: City Manager's Salary Adjustment for 1994 Attached for your reference is a 1994 City Managers' Salary Survey for 11 metro area cities. As noted, the average annual Manager's salary for this group is $85,539. My present salary is $82,500 as of January 1, 1993 . The survey also indicates the recently approved salary rates for the Eden Prairie School administration staff. I request that the Council approve a salary adjustment for me in the amount of $2,500 (3%) effective March 1, 1994. This will be equivalent to a 2. 5% increase for calendar 1994. I also request Council approval of a change-over from a City provided car to a $400. 00 per month car allowance. My present car is a Police vehicle which will be moved into the Police Department fleet, thus saving the City the cost of a new Police car in 1995. State Statutes regarding any personal use whatsoever of a City-owned vehicle are becoming increasingly restrictive. The car allowance plan will allow me to avoid even the appearance of any inappropriate use of a City vehicle. I sincerely appreciate the Council's review and favorable consideration of these requests. For the Council's further reference, enclosed is a summary of our Total Quality Improvement program. This report highlights some significant achievements over the past few years in our efforts toward better customer service and continuance improvement. I am very much committed to the principles of Total Quality Management. I believe the continuing success of our City organization is vitally dependent upon providing all of our customers with services which meet, and even exceed, their expectations, at a cost which is affordable and perceived as a good value. For the upcoming year and my remaining time with the City, I plan to have the pursuit of total quality as the major goal as City Manager. CJJ:jdp Enclosures 1994 City Manager Salary Survey 8/1 1/9 4 Employer Employer City City Annual Effective Car Paid Paid Name Population Salary Date Allowance Defer. Comp. Health Ins. Comments 1 Bloomington 86,700 $92,600 Jan-01-94 $350.00/mo. ? $334.00/mo. 2 Brooklyn Park 60,000 $84,454 Jan-01-94 $325.00/mo. No $265.00/mo. 3 Burnsville 52,733 $86,666 Jan-01-94 $350.00/mo. No $270.00/mo. 4 Eagan 55,000 $83,900 Jan-01-94 $478.73/mo. No $288.21 /MO. Health Ins-same as any other employee. 5 Edina 46,073 $91,878 Jan-01-94 24 hour car No $290.00/mo. 6 Golden Valley 20,971 $88,780 Jan-01-93 $419.00/mo. $333.00/mo. $334.00/mo. 7 Maple Grove 44,181 $82,650 Jan-01-94 $525.00/mo. $344.38/mo. $260.00/mo. Health Ins-same as other employees 8 Minnetonka 49,000 $79,000 Jul-01-93 $350.00/mo. see comments $158.13/mo. Def.Comp-PERA amount plus$3000/yr 9 Plymouth 53,781 $86,570 Feb-01-94 $0.28/mile No $365.00/mo. Also,$50/mo.for dental ins. 10 Richfield 35,564 $82,934 Sep-01-93 $350.00/mo. $6773.78/YR. $449.05/mo. Deferred Comp paid instead of PERA($564.48/mo.) 11 St. Louis Park 43,000 $81,500 Jan-01-94 24 hour car 5 1/2%/mo. $324.55/mo. average= $85,539 12 Eden Prairie 42,500 $82,500 Jan-01-93 24 hour car No $439.25/mo. 1994 1995 Eden Prairie Schools 7 City Comparison 13 Superintendent $97,050 $99,480 Brooklyn Park $84,454 14 Exec. Dir. of Business Services $85,820 $87,965 Burnsville $86,666 15 Exec. Dir. of Human Resources $75,000 $80,000 Eagan $83,900 16 Principal (Base Salary) $70,915 $72,625 Edina $91,878 Maple Grove $82,650 average= $82,196 $85,018 Minnetonka $79,000 Plymouth $86,570 average= $85,017 City Managers& EP School personnel average= $84,648 School district FUR e i p cwJ administrators 111[1. (0/ / awarded raises "ERR; By Nancy Huddleston The Eden.Prairie School Board voted.Monday night to extend pay raises to the superintendent of / schools, executive director of busi- ness services, executive director of human resources,eight school prin- cipals and three assistant school prin- cipalS as wt of employment agree- ments with those parties. Wh, Superintendent Jerry McCoy re- ceived a 2.5 percent pay raise for the Haw t 1995-96 school year.According to his life? I contract,McCoy is being paid S94,550 from May 1993 to May 1994. swers. From May 1994 to May 1995 he will s • •, be paid$97,050 and from May 1995 P until.May 1996 he will be paid upcorr $99,480. Minn'• a Merle Gamm,theexecutive direr tdt of business services,also received Cepte. a 2.5 percent pay increase He will be paid$85,820 for the fiscal year from and me July 1, 1994 until June 30, 1995.His SOO- ,, salary will increase to S87,965 for the following,fiscal year and remain at that level through fiscal year 1997, unless revised by the school board. r Mary Bollinger,the executive di- &We rector of human resources,received 6.91 anc 6.6&percent pay increases. WhenB'olingerwas originally named to heiernirent post,she was paid a dui salary less than what was paid to con- i parable administrators within-the-I. school district,and therefore a"etch- up" increase,is • ', proposed.She with will be paid$75, ' for fiscal year t pad July 1, 1994 to June 30, 1995..Her 1COSPOr contract calls for a salary increase to S80,000through:fiscal year 1996 and httr her pays will remain at that level j) through fiscal year 1997, unless re- I 6 S wised by the board. Base salaries for principals and •-to►oato assistant principals,were raised to. I-dean, st $72,6254or the 1995-96 school y-e 1.per firmmS70,915'forthe 1994-95 school 'Open Eve raL �- Thoeaadm_inistratorsaffectedin- I clude tirner Johnson, principal at g;a al Prai leHigh Schooelly.F'_•••_ associate principal at EPHS J• ,, Lyngdal,principal at Central Middle SUN L. School;..DianerRemngton,associate I-EDENMAI principal at CMS;.ArnetteB -cipaL at Oak Point IneB • aWvill School;JolurEmier,associateprinci- I 1 pal at Oak Pomt;Tont Myers,pram- i`; • pal at Prairie View Elementary School;Diane Heim Volhmem prin- cipal. at Forest Hills Elementary; School;Bob Hallett;• Eden • Lake Elementary , ••l • ' Al legreas, principal at •• •" Ridge garten Center City of Eden Prairie OP City Offices ecleri 8080 Mitchell Road • Eden Prairie, MN 55344-2230 prairies'.? Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390 CITY OF EDEN PRAIRIE ON THE ROAD TO TOTAL OUALITY IMPROVEMENT June, 1994 Three years ago, the Eden Prairie City Council, City Manager, and Staff, began an exciting journey on a road leading to continually improving services for our many customers, and increased job satisfaction and enjoyment for all City employees. The teachings of the late W. Edwards Deming, the foremost guru on quality improvement, became our guide posts on this path to continuous improvement. So far our progress has been gratifying, and positive changes are emerging throughout the City organization. Our first step, initiated by Mayor Doug Tenpas, was to invite Mr. Tom Mosgaller from the City of Madison, Wisconsin, to come to Eden Prairie and speak to the City Council and staff about the successful total quality management programs in that City. Dramatic examples of cost savings and improved services perked our interest. The emphasis in Madison was on improving systems based upon front line employee input and empowerment, rather than blaming individuals for poor performance. A basic tenant of success was an understanding that employees desire to provide excellent services, but sometimes the process on how work gets done can be a real obstacle to efficient and effective job performance. With this mind, the stage was set for Eden Prairie City workers to embrace TQM as an opportunity for positive change and job enrichment. The Mayor and City Council readily supported this initiative with budget allocations for consultant services and staff training. The journey was underway. The first formal steps toward improvement were taken in 1991 when departments began meeting to identify what's working well, and what's not working well, regarding how they provide services to their customers. Out of these meetings came lists of problem areas to investigate and ideas for solutions. An improvement steering committee prioritized these items and created the first improvement teams around several key projects. Three of these teams tackled fundamental concerns that have a tremendous amount to do with the quality of City services: computer technology, telephone technology, and internal communication and recognition. These early efforts weren't without difficulties. Not only was the City trying something new with these teams, but Is +i Recycled Paper 4 - 2 - trying it on three tough issues. Nonetheless, through the efforts of committed team members, all three teams moved the City forward and laid groundwork for further quality improvements. • A new phone system was installed with the move to the new City Center, allowing direct dial into departments and voice mail, addressing two primary needs that customers have voiced. The new system connects callers with the right person faster and promotes cost saving voice mail over handwritten messages. • A comprehensive computer system plan now guides all computer related improvements, improving the City's ability to share information between departments and making sure that the right equipment is purchased for future needs. This plan has opened the door to improvements within many City processes. • Communication and recognition practices have been changed to develop improved employee awareness of all City services and provide employees with the recognition they deserve when they do their jobs well. This ongoing committee continues to provide a voice from employees on important communication and recognition issues. As these and other projects unfold, the attitudes of the staff and culture within the City is changing. All employees received special training in providing outstanding customer service and managers were trained in interpersonal skills and planning and goal setting. As these pieces come together, more and more opportunities to improve emerge. MANY EXAMPLES OF CONTINUOUS IMPROVEMENT Although there have been too many improvement projects initiated to list totally, here are some sample efforts: • The City's recreation registration process is undergoing sweeping changes to make it easier for residents to register. A new computer system is in the works, which will allow on-line registration, replacing the outdated paper-heavy process. The ultimate goal is to eliminate registration waiting lines altogether. • A group of staff members representing the various departments that review development plans submitted to the City have changed their process so that plans are reviewed by the group, rather than pass the plans, in linear fashion, from department to department. The new process means less rework and a faster response to developers. When possible, developers are invited to meet with the whole group, replacing several meetings with just one. 5 - 3 - • The Inspections Department is reviewing its key processes to make services more consistent and faster. The typical causes of inspection problems and delays have been studied and the knowledge used to change procedures and get the word out to residents about what's needed for a successful inspection. Homeowners can now get information on decks and other home improvement projects so that they know up front what's necessary for quick turnaround on permits and inspections, and ultimately, safely completed projects. • More recently, a team from the Inspections Department collaborated with staff from two other departments and amended the process such that the time needed to issue a deck permit was reduced from three days to 15 minutes! • The Human Resources and Finance Departments collaborated to upgrade City employee data bases making possible more thorough study and control of costs. Such changes helped the City correct worker compensation codes allowing Eden Prairie to obtain substantial cost savings. • Front-line staff in the copy/mailing center took a look at our bulk mailing process and found ways to save the City $818 per mailing. This employee initiative has reduced our bulk mailing costs by almost 60%. • A Labor/Management Committee was formed and it has successfully completed several tasks such as 1) more efficient scheduling for ice rink maintenance; 2) sharing the resources of four divisions for more efficient snow removal; 3) revised orientation and training for part- time employees; and 4) introduction of a "position results description format" for performance review and accountability. Based on the success of this Committee, a new additional LMC is now being formed in the Police Department. • The City's Safety Committee received and processed 115 employee suggestions over the past year. Savings in this area in insurance premiums and rebates are very substantial. The program is a model for other cities. • The City Center is now open until 6 PM on Mondays and Tuesdays for routine services. The City Center remained open for business on Columbus Day without additional cost. • Utilities Division introduced hand-held meter readers in cooperation with the Finance Department with objectives of reducing input time and increasing accuracy of billings. (P - 4 - • The Police Department has initiated new programs in crime prevention and community oriented policing. Their annual Safety Camp for kids continues to be a national award- winning model and is now being expanded for adults also. Along with these efforts there are many other individual and group initiatives in the spirit of continuous improvement. Training When quality committees are formed, the first order of business is training. Our consultant meets with the group, gives them basic training in group dynamics, teamwork, and problem solving. A quality improvement team handbook was prepared to help the teams get started. Lots of training has also been given throughout the organization. We've had sessions on dealing with changes, leadership skills, time management, effective writing & communication skills, cultural diversity, customer service, and others. All of our department heads and other supervisors have taken the Dale Carnegie Management Seminar which we found to be very helpful and effective. Success Indicators The City also has a very liberal tuition reimbursement program which many of our employees utilize. We've had lots of success, and our consultant has noted these changes in the organization: • Awareness of "Quality Thinking" - people are looking for ways to eliminate waste, save time, reduce errors, and better serve our customers; • More efforts in sensitivity to customer service; • Greater staff involvement - in meetings, throughout the organization; • Empowerment - more confidence to take initiative; • Greater recognition of employees good work; • Better communication - less of a perception that information is "withheld" or "secret" ; • Increased trust; • More unified, common direction; - 5 - • More leadership skills; and • More fun. People are enjoying their jobs more. In order to help keep our organization "on track" in the continuous improvement journey, we have developed the attached statement of "Vision, Mission and Core Values. . . " . It is vital that all staff and, most important top management plus the Mayor and City Councilmembers, remain fully committed to these goals. So far, our TQM journey in Eden Prairie has moved us toward two major changes in our thinking and attitudes. First we, as staff, have a renewed and improved commitment to be very customer oriented. We pledge to be courteous, responsive, helpful and respectful of everyone whom we deal with, including each other. In other words, treat people as you would like to be treated - be user-friendly. Second, we are beginning to more fully understand and appreciate that all of our employees are important to our success. We value their work and their ideas. We want everyone to feel empowered to review any work process they may be involved in to try and identify ways to make improvements, so that ultimately we can provide even better service at less cost. In other words, we want everything we do to be quality driven. For the balance of 1994 and beyond, the attached "Continuous Improvement Framework" will be our strategic "vehicle" for our ongoing TQM journey. Being honest and respectful, learning from customers, involving employees, and making time to challenge City services and processes, are efforts that will keep Eden Prairie among the most desirable communities for families and businesses to locate and flourish. The attached list of recent awards and recognition is a tribute to this organization's quest for continuous improvement and excellence in service to our customers. Carl J. Jullie City Manager CITY OF EDEN PRAIRIE February 1993 VISION, MISSION AND CORE VALUES OF OUR ORGANIZATION VISION What is the picture of the future we seek to create? What is it we are trying to accomplish? "Our vision is that the City of Eden Prairie will become renowned as a truly user-friendly, quality- _driven public service organization. " MISSION Why do we exist? "Our purpose is to deliver quality public services at an affordable cost" Key elements of the mission are: • knowing what our customers (citizens) have asked for and are willing to pay for; • satisfying our customers (being accurate, timely and respectful) ; and • maintaining a responsible spending level and allocation of resources CORE VALUES How do we want to act, consistent with our mission, along the path toward achieving our vision? These core values shall help us with day-to-day decision-making. These are our "guiding stars" : • Respect • Employee Compensation • Honest and Open Benefits Communication • . Employee Involvement • Professionalism • Service Effectiveness • Employee Safety • Training & Development & Welfare • Continuous Improvement • Customer Satisfaction • CORE VALUES AND INDICATOR Respect Value: Employee Involvement ,aition: Consistently demonstrating due regard for the diversity, Definition: Creating opportunities and inviting employees to needs,feelings,and beliefs of all people;acknowledging participate in decisions and improvement activities ideas and opinions of every employee,citizen,and consumer concerning their work. Indicators: 1. High morale Indicators: 1. Staff demonstrates empowerment through their 2. Increased productivity actions 3. Reduced employee grievances 2. Decision-making authority is pushed to lowest 4. Open communication possible level 5. Improved trust among co-workers 3. Employees receive business information 6. Better working relationships 4. Teams are formed to bring about improvement 7. Better public relations 5. Ideas and recommendations from employees are 8. Improved self-esteem implemented Value: Honesty and Open Communication Value: Service Effectiveness Definition: The honest exchange of processing of ideas and information Definition: Determining and providing the`right'services- with:co-workers,the public,other departments, services that are not only necessary,but where the administration and staff City is the best organization to provide them. Indicators: 1. Feedback from:co-workers,the public,other Indicators: 1. Customers are asked what is most important to departments,administration and staff them 2. Eliminate misinformation,challenge gossip 2. All services provide added value 3. Positive attitudes and morale 3. Low value services are eliminated 4. Informed co-workers,public,departments, administration and staff 5. Open and friendly working environment Value: Training and Development Definition: A comprehensive program to equip City staff with the Value: Professionalism knowledge and skills necessary to meet new challenges. Definition: An individual promoting honesty,respect,pride,positive Indicators: 1. Training opportunities support other values self image,and team effort,adhering to a high standard 2. Individual needs are assessed and plans created to of ethical conduct,competence,and innovation,and who address them acknowledges criticism,accepts responsibility,and strives for occupational growth Value: Continuous Improvement Indicators: 1. High morale 2. Creative atmosphere Definition: A planned,systematic approach to evaluating,challenging, 3. Respect and improving the processes that support our services. 4. Cooperative team effort 5. Positive public image Indicators: 1. Key processes are identified,charted,and evaluated 2. Process performance is measured(accuracy, timeliness,waste,cost,etc.) Value: Safety 3. Key processes are understood,up-to-date,and staff has confidence in them Definition: Employee safety and welfare is paramount. Safety 4. Teams are created around process improvement targets suggestions are encouraged,recognized,and implemented whenever possible. Wellness programs are pursued. Value: Customer Satisfaction Indicators: 1. Number of monthly employee suggestions 2. Cost savings in insurance premiums and rebates Definition: A desire to meet(and exceed if possible)our customer's 3. Less employee sick and injury time expectations. Indicators: I. Examples of making extra effort and going beyond Value: Employee Compensation and Benefits what is normally expected . 2. Feedback from customers Definition: Employee compensation and benefits shall be commensurate 3. Overall image and reputation with those of other public agencies and the private sector where comparable. Pay plans shall reward good performance,meeting and exceeding goals,and quality improvement. Indicators: 1. Salary levels are at or above comparison averages, but not leading 2. Health benefits for dependents U3 employee,2/3 City • 3. Annual adjustments provided for market conditions, step increases,comparable worth ad merit 4. Better staff morale. No strikes. to Continuous Improvement Framework - 1994 City of Eden Prairie customer equirement Department Heads Priority Ctaff Input Coordinate the ...)11. Improvement Development of Focal Points C. I. Plan (relatively few) trategic laps Apply Primary Principles of Projects will be at Quality Improvement: different levels: -work unit level • Focus on identifying and then -interdepartment level satisfying customer requirements. -organization-wide level • Involve staff members in the research and improvement efforts. • Use data to understand "what is" Projects may be organized and "what should be." in different ways: -staff member led projects -department head led projects -short-term improvement teams -cross functional teams Seek Improvements that: 11 • Increase responsiveness to customer requirements(and increase satisfaction). Document project success: • Simplify processes, eliminate unnecessary -impact on customer work, reduce waste/cost. satisfaction -financial impact • Make it easier for the staff to do their -Comparison to performance jobs well. baselines • Improve staff satisfaction and enjoyment of their work. II Recent Awards/Recognitions for Eden Prairie Named as one of 50 Fabulous Places to Raise your Family by Lee & Saralee Rosenburg; 1993, Career Press, Hawthorne NJ Certificate of Achievement from Government Finance Officers Assn. (GFOA) of U.S. & Canada - awarded to less than 2% of local governments - 1992 & 1993 1992 Innovative City Award from Assn. of Metropolitan Municipalities (AMM) for A.R.L.E. (Adaptive Recreation Learning Exchange) program w/cities of Eden Prairie, Edina, Richfield, & Bloomington Numerous recognitions for SAFETY CAMP, including 1991 Citation Award from MN Recreation & Parks Assn. Governor's Commendation Award Minnesota Safety Council - Occupational Health and Safety 1991 Governor's Award of Honor (EP had the top program in the State) Cooperative Public Service Award, 1992, from Partnership Minnesota for prairie restoration project - City of Eden Prairie, Eden Prairie School Dist., US Fish & Wildlife Service 1991 Award of Merit, American Society of Landscape Architects for Update of Comprehensive Park Plan Public Relations Society of America, Northstar Chapter 1990 Award of Excellence, Governmental Affairs Flying Cloud Landfill campaign 1990 Award of Merit, Minnesota Society of Arboriculture for pioneering Tree Preservation regulations Annually named a Tree City USA since 1980 Numerous awards & recognitions of individual City Staff is , 1995 PROPOSED BUDGET- - ALL REVENUES -- MANAGER'S TARGET NEW SYSTEM (EQUIPMENT REVOLVING FUND) As of 10:30 AM -8/30/94 1994 1995 $ CHANGE % CHANGE ADJUSTED MGR MGR. VS MGR. VS TOTAL REVENUES BUDGET PROPOSED 1994 ADJ. 1994 ADJ. TAXES NET Property Tax Levy(Budgeted) 12,824,121 13,900,000 1,075,879' 8.39% Fiscal Disparities 821,811 646,272 (175,539) -21.36% HACA 674,568 692,056 17,488 2.59% Delinquencies (404,700) (350,000) 54,700 -13.52% LICENSES & PERMITS 1,678,800 1,690,600 11,800 0.70% INTERGOVERNMENTAL REVENUE 490,650 427,800 (62,850) -12.81% CHARGES FOR SERVICES 1,783,400 1,674,700 (108,700) . -6.10% FINES & FORFEITS 185,000 185,000 0 0.00% INTEREST ON INVESTMENTS 250,000 250,000 0 0.00% OTHER REVENUE Special Assessments 321,000 307,000 (14,000) -4.36% Lawful Gambling 10,000 3,000 (7,000) -70.00% Insurance Premium Refunds 150,000 125,000 (25,000) -16.67% Sale of Equipment (Revolving Fund) 0 43,900 43,900 ERR All Other 190,000 780,000 590,000 310.53% OPERATING TRANSFERS IN Liquor Fund 300,000 300,000 0 0.00% All Other 160,000 110,000 (50,000) -31.25% EQUIPMENT CERTIFICATE PROCEEDS 636,400 0 (636,400) -100.00% USE OF FUND BALANCE 248,850 729,500 480,650 193.15% TOTAL REVENUES $20,319,900 $21,514,828 $1,194,928 5.88% TOTAL MGR. PROPOSED EXPENDITURES $22,027,100 REVENUE SHORTFALL $512,272 REVGOAL.WK4 • - 1 - . TAX IMPACT - RESIDENTIAL HOMESTEAD PROPERTIES PROJECTED - - 1994 PAY 1995 - - Manager's Target Based on PreliminaryInformation--7/20/94 satEsiait�€t�aiKi�?(a1ciii�'aTa%i�a""�d:';*s '>< >r°<»>} Mslume 1tjss> 1%: cuITent: s.**.*. 4j1[«<><<>i' a _ . Adjusted Tax Levy+Park Bond Levy=Total Pay 95 City Tax Levy $13,900,000 Adjusted Tax Levy+Park Bond Levy=Total Pay 94 Ci Tax Levy $12,824,121 _ - . .../•.•" ..IS M ° :;•'' :: .ATi ACTUAL PROJECTED TAX CAPACITY TAX CAPACITY 93 PAY 94 94 PAY 95 $Change %Change REAL ESTATE $60,619,549 $64,100,000 $3,480,451 5.74% PERSONAL PROPERTY $1,566,169 $1,720,000 $153,831 9.82% NET TAX CAPACITY $62,185,718 $65,820,000 $3,634,282 5.84% less FISCAL DISPARITY CONTRIBUTION $11,744,207 $9,942,446 ($1,801,761) -15.34% less TIF CAPTURED TAX CAPACITY $138,972 $150,000 $11,028 7.94% ADJUSTED NET TAX CAPACITY $50,302,539 $55,727,554 $5,425,015 10.78% ti.' `` altt.• ".. '"� mob• TAX LEVY $14,008,500 $ \:.14,831,328 $822,828 5.87% less FISCAL DISPARITY DISTRIBUTION $821,811 $646,272 ($175,539) -21.36% less HACA $674,568 $692,056 $17,488 2.59% ADJUSTED TAX LEVY $12,512,121 $13,493,000 $980,879 7.84% ADJUSTED TAX LEVY $12,512,121 $13,493,000 $980,879 7.84% DIVIDED BY ADJUSTED NET TAX CAPACITY $50,302,539 $55,727,554 $5,425.015 10.78% EQUALS CITY TAX RATE 24.8737% 24.2124% -0.6613% -2.66% PARK BOND REFERENDUM LEVY $312,000 $407,000 $95,000 30.45% DIVIDED BY ESTIMATED MARKET VALUE $2,566,888,900 $2,784,145,500 $217,256,600 8.46% EQUALS REFERENDUM LEVY RATE 0.0122% 0.0146% 0.002% 20.27% CITY TAX-RESIDENTIAL HOMESTEAD Assumes value increase of 5%. City Tax indudes park bond market value levy. 93 PAY 94 94 PAY 95 PAY 1994 • PAY 1995 %CHANGE $CHANGE $75,000 $78,800 $203 $219 7.70% $16 $100,000 $105,100 $331 . $350 5.88% $19 $125,000...................$131,300...........................$458..:....................$481.............4.97%............... $23 ::::::;::;;:;>; 't 800 ... . ......::........ 509<:>:><;«;>::::::<:r:::;: 533.:::::::::,.:4.7.5'1i`i►............:...... 2... $150,000 $157,600 ....:.....................$585.........................$612..............4.539f,...................$27:. $175,000 $183,800 $713 $743 4.18% $30 $200,000 $210,100 $840 $874 4.00% $34 $300,000 $315,100 $1,350 $1,398 3.54% $48 $400,000 $420,100 $1,859 $1,921 3.33% $62 $500,000 $525,100 $2,369 $2,445 3.22% $76 taxmgr.wk4 • • - 2 - TAX IMPACT - RESIDENTIAL HOMESTEAD PROPERTIES PROJECTED - - 1994 PAY 1995 - -To Balance Expenditures ._ ..„..,................,„„„ Based on Preliminary Information--7/20/94 Rwegotolmotgotygow*O7004.00Miftwvamo Assume loss Adjusted Tax Levy+Park Bond Levy=Total Pay 95 City Tax Levy $14,412,272 Adjusted Tax Levy+Park Bond Levy=Total Pay 94 City Tax L€!v $12,824,121 rokangtoVARMSSIZMINEN ACTUAL PROJECTED TAX CAPACITY TAX CAPACITY 93 PAY 94 94 PAY 95 $Change %Change REAL ESTATE $60,619,549 $64,100,000 $3,480,451 5.74% PERSONAL PROPERTY $1,566,169 $1,720,000 $153,831 9.82% NET TAX CAPACITY $62,185,718 $65,820,000 $3,634,282 5.84% less FISCAL DISPARITY CONTRIBUTION $11,744,207 $9,942,446 ($1,801,761) -15.34% less TIF CAPTURED TAX CAPACITY $138,972 $150,000 $11,028 7.94% ADJUSTED NET TAX CAPACITY $50,302,539 $55,727,554 $5,425,015 10.78% .. TAX LEVY $14,008,500 $15,343,600 $1,335,100 9.53% less FISCAL DISPARITY DISTRIBUTION $821,811 $646,272 ($175,539) -21.36% less HACA $674,568 $692,056 $17,488 2.59% ADJUSTED TAX LEVY $12,512,121 $14,005,272 $1,493,151 11.93% s' . •sk ...*I'' '':\ • • AIS.MWAMMk:::x'...!..:E:i";*ZWASP5.5. — -• . •-•,... ......, • ADJUSTED TAX LEVY $12,512,121 $14,005,272 $1,493,151 11.93% DIVIDED BY ADJUSTED NET TAX CAPACITY $50,302,539 $55,727,554 $5,425,015 10.78% EQUALS CITY TAX RATE 24.8737% 25.1317% 02579% 1.04% ItA&\'•=:='''‘"Tatn.MM.lalanae‘ • . , ', ...,. t.SS. t. S....,..-orea....:,:- :.....",:mo PARK BOND REFERENDUM LEVY .$312,000 $407,000 $95,000 30.45% DIVIDED BY ESTIMATED MARKET VALUE $2,566,888,900 $2,784,145,500 $217,256,600 8.46% EQUALS REFERENDUM LEVY RATE 0.0122% 0.0146(.36 0.002% 20.27% C.41111r TIMIEIMINIMPWASIMEremz- V2ATM6vkaASINEIELMIMS CITY TAX-RESIDENTIAL HOMESTEAD Assumes value increase of 5%. City Tax indudes park bond market value levy. 93 PAY 94 94 PAY 95 PAY 1994 PAY 1995 %CHANGE $CHANGE $75,000 $78,800 $203 $227 11.58% $24 $100,000 $105,100 $331 $363 9.73% $32 $125,000 $131,300 $458 $498 8.79% $40 $1105:40gmmaiii•tg1800PRiiiiggiiiMi!i!i$009ROMENS.553 5716ininiiiiii::i.$44iiii $150,000 $157,600 $585 $634 8.35% $49 $175,000 $183,800 $713 $770 8.00% $57 $200,000 $210,100 $840 $906 7.81% $66 $300,000 $315,100 $1,350 $1,449 7.34% $99 $400,000 $420,100 $1,859 $1,992 7.13% $133 $500,000 $525,100 $2,369 $2,535 7.01% $166 taxbalnc.wk4 - 3 - . , TAX IMPACT - RESIDENTIAL HOMESTEAD PROPERTIES FINAL - - - 1993 PAY 1994 TAX RATE Based on December 3, 1994 Information Adjusted Tax Levy+Park Bond Levy=Total Pay 94 City Tax Levy $12,824,121 Adjusted Tax Levy+Park Bond Levy=Total Pay 93 City Tax Levy $12,261,573 ACTUAL ACTUAL TAX CAPACITY TAX CAPACITY 92 PAY 93 93 PAY 94 $Change %Change REAL ESTATE $60,531,878 $60,619,549 $87,671 0.14% PERSONAL PROPERTY $1,494,318 $1,566,169 $71,851 4.81% NET TAX CAPACITY $62,026,196 $62,185,718 $159,522 0.26% less FISCAL DISPARITY CONTRIBUTION $14,153,699 $11,744,207 ($2,409,492) -17.02% less TIF CAPTURED TAX CAPACITY $686,768 $138,972 ($547,796) -79.76% ADJUSTED NET TAX CAPACITY $47,185 729 $50,302,539 $3,116,810 6.61% ..:, s •*,*, 'NS.MSMPMAINfPSSM , .:"?'''AM4 TAX LEVY $13,460,000 $14,008,500 $548,500 4.08% less FISCAL DISPARITY DISTRIBUTION $727,755 $821,811 $94,056 12.92% less HACA $535,672 $674,568 $138,896 25.93% ADJUSTED TAX LEVY $12,196,573 $12,512,121 $315,548 2.59% • - , . -- ','• •,.. ',' .:17,;',.1•:, ...k‘Mir 111,1„NaM.Mitra.,..*~M.' ,. 't' ... ...:;:-.., cs,, s \ • ADJUSTED TAX LEVY $12,196,573 $12,512,121 $315,548 2.59% DIVIDED BY ADJUSTED NET TAX CAPACITY $47,185,729 $50,302,539 $3,116,810 6.61% EQUALS CITY TAX RATE 25.8480% 24.8737% -0.9743% -3.77% ter,tatIMWMIIIMST ---...takM8514tM‘ .:-..::MITIMITINATILISIV!.": , ' -;:k PARK BOND REFERENDUM LEVY $65,000 $312,000 $247,000 380.00% DIVIDED BY ESTIMATED MARKET VALUE $2,434,677,900 $2,566,888,900 $132,211,000 5.43% EQUALS REFERENDUM LEVY RATE 0.0027% 0.0122% 0.009% 355.28% talb.,:,:\•:...::W,.%. \ .M.2....,,ia : -• alMittit, -.‘,.'.. .::' . . -kz... ...-f:,:::,,az.• -• CITY TAX-RESIDENTIAL HOMESTEAD !Assumes value increase of 4%. City Tax includes !park bond market value levy. 92 PAY 93 93 PAY 94 1993 1994 %CHANGE $CHANGE $75,000 $78,000 $204 $218 7% $15 $100,000 $104,000 $334 $351 5% $17 $125,000 $130,000 $463 $483 4% $20 $1.29.808.:i.:;.:ti::1:..:;.:..:..:..:i.J.:g.$110:.:00.0inUiiiiKg.g.li.I.Mi.i.i:;$448giiiiiiigiiiiiiiiiiiiiigiii$0.9:iiiiiii!iiiniii!iiiiiliiiiii4:WiiiiiIiini';ii!i.liiiiiii$20ii $150,000 $156,000 $593 $616 4% $23 $175,000 $182,000 $723 $748 3% $25 $200,000 $208,000 $853 $881 3% $28 $300,000 $312,000 $1,373 $1,411 - 3% $38 $400,000 $416,000 $1,892 $1,941 3% $49 $500,000 $520,000 $2,412 $2,471 2% $59 123\RATE94F 4/5/94 - 4 - 1995 PROPOSED BUDGET -- ALL EXPENDITURES - - MANAGER RECOMMENDS NEW SYSTEM (EQUIPMENT REVOLVING FUND) As of 4:00 PM-8/30/94 1994 1995 $ CHANGE % CHANGE ADJUSTED MGR MGR.VS MGR.VS BUDGET PROPOSED 1994 ADJ. 1994 ADJ. PG GENERAL FUND # GENERAL GOVERNMENT 9 LEGISLATIVE 125,100 126,400 1,300 1.04% 11 ELECTIONS 70,300 35,700 (34,600) -49.22% 15 CITY MANAGER 248,000 243,700 (4,300) -1.73% 19 ASSESSING 403,600 410,000 6,400 1.59% 23 FINANCE 348,200 347,700 (500) -0.14% 27 HUMAN RESOURCES 162,600 139,100 (23,500) -14.45% 29 COMMUNITY SERVICES 259,100 343,800 84,700 32.69% 33 BLDG INSPECTION 610,400 619,600 9,200 1.51% 35 SAFETY 73,100 63,300 (9,800) -13.41% 37 FACILITIES 1,192,800 1,294,400 101,600 8.52% 41 COMMUNITY DEVELOPMENT 391,400 405,600 14,200 3.63% SUBTOTAL- GEN. GOVERNMENT $3,884,600 $4,029,300 $144,700 3.72% PARKS & RECREATION 45 ADMIN &PARK PLANNING 194,700 178,600 (16,100) -8.27% 47 PARK MAINTENANCE 928,000 994,400 66,400 7.16% 49 PARK CAPITAL OUTLAY 180,500 15,600 (164,900) -91.36% 53 RECREATION PROGRAMS 955,550 1,021,700 66,150 6.92% 55 COMMUNITY CENTER 1,048,800 1,019,700 (29,100) -2.77% SUBTOTAL- PARKS & REC. $3,307,550 $3,230,000 ($77,550) -2.34% PUBLIC SAFETY 63 POLICE 3,497,400 3,621,500 124,100 3.55% 65 CIVIL DEFENSE 16,300 22,400 6,100 37.42% 67 ANIMAL CONTROL 75,500 74,700 (800) -1.06% 71 FIRE 843,100 1,052,700 209,600 24.86% SUBTOTAL - PUBLIC SAFETY $4,432,300 $4,771,300 $339,000 7.65% PUBLIC WORKS 75 ENGINEERING 654,700 645,600 (9,100) -1.39% 79 STREETS &TRAFFIC 1,565,300 1,340,700 (224,600) -14.35% 83 EQUIPMENT MAINTENANCE 688,400 652,400 (36,000) -5.23% 85 STREET LIGHTING 460,000 501,500 41,500 9.02% SUBTOTAL - PUBLIC WORKS $3,368,400 $3,140,200 ($228,200) -6.77% UNALLOCATED 89 GENERAL SHARED SERVICES 742,700 789,800 47,100 6.34% 91 DATA PROCESSING 165,000 . 144,500 (20,500) -12.42% 93 LEGAL COUNSEL 125,000 125,000 0 0.00% 95 EMPLOYEE BENEFITS &TRAINING 1,911,250 1,992,500 81,250 4.25% 95 SALARY ADJUSTMENTS (see note A) 0 320,600 320,600 ERR 97 CONTINGENCY 118,600 129,000 10,400 8.77% SUBTOTAL- UNALLOCATED $3,062,550 $3,501,400 $438,850 14.33% ••• TOTAL - GENERAL FUND $18,055,400 $18,672,200 $616,800 3.42% Note A: The 1994 budget authorized $307,500 for wage adjustments. The adjusted 1994 wage adjustment i which has been allocated back to the adjusted 1994 department/division totals. - 5 - 1995 PROPOSED BUDGET - - ALL EXPENDITURES - - MANAGER RECOMMENDS NEW SYSTEM (EQUIPMENT REVOLVING FUND) As of 4:00 PM -8/30/94 1994 1995 $ CHANGE % CHANGE ADJUSTED MGR MGR.VS MGR.VS BUDGET PROPOSED 1994 ADJ. 1994 ADJ. PG EQUIPMENT REVOLVING FUND - # EQUIPMENT REVOLVING FUND (see note B 0 578,900 578,900 ERR "' TOTAL- EQUIP. REVOLVING FUND $0 $578,900 $578,900 ERR DEBT SERVICE FUND 1986 FIRE BONDS 187,500 229,000 41,500 22.13% EQUIPMENT CERTIFICATES 680,000 948,000 268,000 39.41% 1977 FIRE BONDS 68,000 86,000 18,000 26.47% 1989 REC FACILITY REF BONDS 287,000 357,000 70,000 24.39% TRANSPORTATION BONDS 475,000 500,000 25,000 5.26% 1989 PUBLIC FACIL REF BONDS 255,000 249,000 (6,000) -2.35% 1992& 1993 PARK BONDS(MKT VALUE) 312,000 292,000 (20,000) -6.41% 1994 OPEN SPACE BONDS (MKT VALUE) 0 115,000 115,000 ERR "' TOTAL- DEBT SERVICE FUND $2,264,500 $2,776,000 $511,500 22.59% GRAND TOTAL OF EXPENDITURES $20,319,900 $22,027,100 $1,707,200 8.40% Note B: The adjusted 1994 budget includes equipment purchases allocated to department/division. The prop excludes equipment expenditures from the department/division and includes all equipment purchases in the n BUDLESS.WK4 • - 6 - • CITY OF EDEN PRAIRIE 1995 BUDGET OVERVIEW NEEDED TO BALANCE EXPENDITURES % CHANGE CHANGE Actua192 Adj Bud 94 1992 1993 to 1994 ADJ 1995 RECOMM to ACTUAL ACTUAL Actual 93 BUDGET BUDGET R Budget 95 TOTAL REVENUES: TAXES Net Property Tax Levy(Budgeted) 12,112,274 12,261,573 1.2% 12,824,121 14,412,272 12.4% Fiscal Disparities 694,524 727,755 4.8% 821,811 646,272 -21.4% HACA 81,002 535,672 561.3% 674,568 692,056 2.6% Delinquencies (350,352) (497,504) 42.0% (404,700) (350,000) -13.5% LICENSES&PERMITS 1,530,261 1,716,031 12.1% 1,678,800 1,690,600 0.7% INTERGOVERNMENTAL REVENUE 449,370 468,758 4.3% 490,650 427,800 -12.8% CHARGES FOR SERVICES 1,330,102 1,587,829 19.4% 1,783,400 1,674,700 -6.1% FINES&FORFEITS 200,487 179,144 -10.6% 185,000 185,000 0.0% INTEREST ON INVESTMENTS 246,242 332,538 35.0% 250,000 250,000 0.0% OTHER REVENUE Special Assessments 637,263 358,460 -43.8% 321,000 307,000 -4.4% Lawful Gambling 7,379 8,576 16.2% 10,000 3,000 -70.0% Insurance Premium Refunds 176,203 149,686 -15.0% 150,000 125,000 -16.7% Sale of Equipment(for Revolving Fund) 43,900 All Other 160,857 312,264 94.1% 190,000 780,000 310.5% OPERATING TRANSFERS IN Liquor Fund 198,000 315,000 59.1% 300,000 300,000 0.0% All Other 248,993 208,452 -16.3% 160,000 110,000 -31.3% EQUIPMENT CERTIFICATE PROCMDS 702,900 598,851 636,400 0 -100.0% USE OF FUND BALANCE 48,829 204,892 319.6% 248,850 729,500 193.1% TOTAL REVENUES $18,474,334 $19,467,977 5.4% $20,319,900 $22,027,100 8.4% TOTAL EXPENDITURES: GENERAL FUND-Operations 14,542,034 16,578,126 14.0% 17,419,000 18,672,200 7.2% Eqpt Certificate Obligations 702,900 598,851 636,400 0 Reservations of Fund Balance 1,130,000 7,000 -99.4% Subtotal 16,374,934 17,183,977 4.9% 18,055,400 18,672,200 3.4% EQUIPMENT REVOLVING FUND 578,900 Subtotal 19,251,100 6.6% DEBT SERVICE 1,798,400 2,284,000 27.0% 2,264,500 2,776,000 22.6% SPECIAL ASSMT PROJECTS-CITY SHARE 301,000 TOTAL EXPENDITURES 18.474,334 19,467,977 5.4% 20,319,900 22,027,100 8.4% GENERAL FUND FUND BALANCE at year-end: Designated for city hall acquisition 1,361,800 200,000 400,000 0 -100.0% Designated for capital facilities 400,000 400,000 400,000 400,000 0.0% Designated for PW storage facility 325,000 325,000 325,000 325,000 0.0% Designated for severance obligations 243,000 250,000 250,000 250,000 0.0% Designated for subsequent years expenditures 187,100 605,000 248,850 729,500 193.1% Reserved for prepaid expenses 48,521 90,864 0 0 ERR Reserved for encumbrances 220,624 146,700 0 0 ERR Unreserved/Undesignated 3,002,825 3,573,414 3,729,564 3,000,064 -19.6% Total 5,788,870 5,590,978 5,353,414 4,704,564 -12.1% POPULATION CHANCE: CPI CHANCE: 1990=39,311 1990=3.8% 1991=40,514(2.6%increase) 1991=4.3% 1992=41,755(3.1%increase) 1992=3.1% 1993=43,500(4.2%increase) 1993=3.6% 1994=44,500(Z3%increase)est 1994=3.0% 1995=46,000(3.4%increase)est 1995=3.0%est - 7 - . MAJOR OBLIGATIONS, 1995-2000 City of Eden Prairie August 30, 1994 1995 1996 1997 1998 1999 2000 Debt Levies,P &I 2,091,400 2,203,600 1,692,700 1,790,000 1,530,300 1,575,800 Fire Relief Assn 535,000 580,000 710,000 810,000 940,000 1,030,000 City Center LRB 420,000 387,800 447,800 449,000 447,700 448,400 Ice Sheet#2 LRB 203,700 206,600 208,200 216,500 218,100 224,300 TOTAL 3,250,100 3,378,000 3,058,700 3,265,500 3,136,100 3,278,500 Annual Diff 127,900 (319,300) 206,800 (129,400) 142,400 Diff from 95 127,900 (191,400) 15,400 (114,000) 28,400 - 8 - FIRST RESTATED JOINT POWERS AGREEMENT ESTABLISHING A SOUTHWEST METRO TRANSIT COMMISSION (FORMERLY SOUTHWEST AREA TRANSIT COMMISSION) THIS RESTATED JOINT POWERS AGREEMENT, is made and entered into this day of , 1994, by and between the Cities of Eden Prairie, Chanhassen, and Chaska, all being municipal corporations organized under the laws of the State of Minnesota, pursuant to authority conferred upon the parties by Minnesota Statutes §174.265, Minnesota Statutes §473.384, §473.388, and/or Minnesota Statutes §471.59. WHEREAS, the Cities of Eden Prairie, Chaska, and Chanhassen have completed a Project Study under the Metropolitan Transit Service Demonstration Program, which was established in 1982 by the Minnesota Legislature under Minnesota Statutes §174.265; WHEREAS, the purpose of this study was to test the efficiency and effectiveness of alternative methods of providing public transit service for communities that are within the metropolitan transit taxing district, but that are not adequately served by existing regular route transit; and WHEREAS, each of the parties hereto has entered into a Joint Powers Agreement and five amendments thereto; WHEREAS, each of the parties hereto desires to enter into this First Restated Joint Powers Agreement and has, through the actions of its respective governing bodies, been duly authorized to enter into this First Restated Joint Powers Agreement for the purposes hereinafter stated. NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the Cities of Eden Prairie, Chaska, and Chanhassen, through their respective City Councils, that: 1. Name. The Parties hereto hereby create and establish the SOUTHWEST METRO TRANSIT COMMISSION. 2. PURPOSE. The purpose of this Agreement and the SOUTHWEST METRO TRANSIT COMMISSION is to (i) provide alternative methods of providing public transit service for the Cities of Eden Prairie, Chanhassen, ar,.(1 Chaska and (ii) contract to provide transit and transit planning services to other entities, as approved by the Commission, pursuant to Minnesota Statutes §473.384 and/or Minnesota Statutes §473.388 and 471.59. 1 q 3. DEFINITIONS. a) "Commission" means the organization created by this Agreement, the full name of which is the "SOUTHWEST METRO TRANSIT COMMISSION." b) "Board" means the Board of Commissioners of the SOUTHWEST METRO TRANSIT COMMISSION. c) "Council" means the governing body of a party to this Agreement. d) "Regional Transit Board" (RTB) is the regional transit board as established by Minnesota Statutes §473.373, or its successor the Metropolitan Council pursuant to Laws of Minnesota 1994, Chapter 628, the Metropolitan Reorganization Act of 1994. e) "Advisory Committee" is a committee consisting of the City Manager or Chief Administrator of each party, or his or her designee, which shall act as an advisory body to the Board. f) "Party" means any municipality which has entered into this Agreement. g) "Metropolitan Council" is the regional entity established by Minnesota Statutes §473.123. 4. PARTIES. The municipalities which are original parties to this Agreement are Eden Prairie, Chanhassen, and Chaska. No change in governmental boundaries, structure,organizational status or character shall affect the eligibility of any party listed above to be represented on the Commission so long as such party continues to exist as a separate political subdivision. 5. BOARD OF COMMISSIONERS. a) The governing body of 'he Commission shall be its Board which will consist of seven commissioners. Each party shall appoint two commissioners ("original commissioners") and a seventh commissioner will be appointed by the parties on a rotating basis as described below. Class 1, 2 and 3 commissioners must reside in the City they are appointed to represent. The Class 4 Commissioner shall reside or maintain a principal place of business in the City which has appointed said Commissioner. b) There shall be four classes of commissioners. The term of each commissioner in Class 1 shall expire on December 31, 1987, and every three years thereafter. The term of each commissioner in Class 2 shall expire on December 31, 1988, and 2 every three years thereafter. The term of each commissioner in Class 3 shall expire on December 31. 1989, and every three years thereafter. The six original commissioners shall be appointed to Classes 1 through 3 by draw, provided that no two commissioners appointed by a party shall be members of the same class. Two commissioners shall be assigned to Class 1, two commissioners shall be assigned to Class 2, and two commissioners shall be assigned to Class 3. A seventh commissioner shall be assigned to Class 4 beginning January 1, 1988. The term of the Class 4 commissioner shall expire on December 31, 1989, and every two years thereafter. The Class 4 commissioner shall be appointed by the parties on a rotating basis, beginning January 1, 1988, with an appointment by the City of Chaska on January 1, 1990, with the City of Chanhassen on January 1, 1992, with an appointment by the City of Eden Prairie, and continuing in a like pattern thereafter. The successor of each of the commissioners shall be appointed to the same class as the successor's predecessor. One commissioner appointed by each party must include a City Council member, inclusive of the Mayor, currently serving in office. A commissioner who is a council member of a party shall cease to be a commissioner, even if the term for which the commissioner was appointed has not expired, if(a) the commissioner ceases to be a member of the Council of the appointing party, and (b) no other council member of the appointing party is then a Class 1, 2 or 3 commissioner. In such event, a council member of the appointing party shall be appointed by the appointing party to serve the remainder of the term created by the vacancy. c) A commissioner may be removed by the party appointing him/her with or without cause. d) The commissioners may receive such compensation as is authorized and established by the Board at its first meeting of each year. e) A majority of the members of the Board shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon an affirmative vote of a majority of the quorum, unless hereinafter specified otherwise. f) At the organizational meeting or as soon thereafter as it may be reasonably done, the Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or special meeting of the Board provided that at least ten (10) days prior thereto, notice of the proposed amendment has been furnished to each member of the Board. A majority vote of all eligible votes of the then existing members of the Board shall be required to adopt any proposed amendment to such rules and regulations. g) At the organizational meeting of the Board, and in January of each year thereafter, the Board shall elect a chairperson, a vice chairperson, a secretary, a treasurer, and 3 6 such other officers as it deems necessary to conduct its business and affairs. The duties of the officers shall be designated in the rules and regulations established by the Board. 6. POWERS AND DUTIES OF THE COMMISSION. a) General. The Commission has the powers and duties to establish a program pursuant to Minnesota Statutes §473.384 and/or Minnesota Statutes §473.388 in order to (i) provide public transit service to serve the geographic area of the parties; and (ii) to contract to provide transit and transit planning services to entities as approved by the Commission. The Commission shall have all powers necessary to discharge its duties. b) The Commission may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the Commission. c) The Commission may enter into such contracts with such persons or corporations, public or private, to carry out the purposes of the Commission. The Commission may,if deemed necessary, contract for and purchase such services, equipment, and functions as the Board deems necessary for the protection of the Commission and the parties and to implement the provisions of the plan and program. The Commission shall not enter into any contract or incur any obligation in violation of the provisions of Minnesota Statutes Chapter 475. d) The Commission may establish bank accounts, both savings and checking, as the Board shall from time to time determine. e) The Commission may employ an Executive Director, whose duty shall be to administer policies as established by the Commission. The Executive Director shall be an employee of the Commission. Compensation of the Executive Director shall be established by the Board. The Commission may enter into employment contracts with other personnel and may provide for compensation, insurance, and other terms and conditions that it deems necessary. fj The Commission may, in lieu of directly operating a public transit system or any part thereof, enter into a contract for management services. The contract may provide for compensation, incentive fees, the employment of personnel, and other terms and conditions that the Commission deems proper. g) The Commission may sae or be sued. h) The Commission may accept any gifts, grants, or loans of money or other property from the United States, the state, or any person or entity; may enter into any 4 agreement required in connection therewith; may comply with any federal or state laws or regulations applicable thereto; and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, loan, or agreement. i) The Commission shall provide any party with data and information requested by the party in accordance with law. The Commission shall, in the development of the program and implementation thereof, prepare such reports, either financial or management, as required by the Regional Transit Board, the Metropolitan Council or other governmental units. j) The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file the report to its Members at least once each year, which report shall contain such information as good accounting practices require and such further information as required by the Regional Transit Board, the Metropolitan Council or other governmental units. k) The Commission shall maintain books, reports, and records of its business and affairs which shall be available for and open to inspection by the parties at all reasonable times. 1) The Commission may contract to purchase services from any one of the parties. m) The Commission may purchase passenger shelters without prior approval of any of the Councils of the parties to this Agreement. The Commission may, without prior approval of any of the Councils of the parties to this Agreement, execute an agreement to purchase real estate for use as Park and Ride lots with the payment of earnest money not to exceed $5,000.00, provided that the agreement to purchase such real estate is subject to the approval of the Council of the City in which such real estate is located. 7. OPERATING COSTS, BUDGET, AND FINANCIAL LIABILITY. a) Operating Costs. Operating costs shall include all non-capital costs for the maintenance and operation of the transit, system, including, but not limited to, gasoline, oil, lubricants, parts, repairs, labor, and service for any vehicles employed in such operation; insurance premiums; salaries and other direct payments for work or labor in performance of the services furnished by the transit system; indirect costs incurred in the employment of persons for the performance of such services, such as taxes, unemployment compensation, workers' compensation, insurance benefits paid to or accrued for such employees, and any other costs attributable to such employment; and any expenses incurred in connection with contracts for 5 management services. b) Budget. The Commission shall have a fiscal year beginning January 1 and ending December 31. The Executive Director shall annually prepare an estimated budget for the next fiscal year including an estimate of capital expenditures, operating costs, and revenues. Estimated capital expenditures and operating costs shall be limited to revenues received pursuant to Minnesota Statutes §473.384, Minnesota Statutes §473.388, and Minnesota Statutes §473.39 and estimated revenues to be received from the operation of the transit system. The Board shall review and approve or disapprove the budget. One-twelfth (1/12) of the estimated annual budget shall constitute the estimated monthly budget. The estimated annual and monthly budgets may be adjusted from time to time on the basis of actual costs incurred or changes in estimated revenue. In the event of an adjustment of the budget, there shall be furnished to each party a computation of said adjustment. c) Financial Liability. The primary annual financial contribution to the Commission of each party shall be equal to the total amount of assistance which each party receives pursuant to Minnesota Statutes §473.384 and Minnesota Statutes §473.388. In addition, each party shall be responsible for annual debts and obligations of the Commission which exceed annual revenues in accordance with the following formula. Each party shall be liable for that percentage of the total annual debts and obligations which exceed total annual revenue which is directly proportional to that party's primary annual financial contribution in comparison to the total primary annual financial contribution by all parties to the Commission during the year in question. The Board shall submit a monthly bill to each party for its proportionate share of actual expenses which exceed actual revenues. At the end of each fiscal year, each party shall be credited for any excess payments made by it during the year, or billed for its proportionate share of actual expenses which exceed actual revenues for which it had not previously been billed. Upon receiving a bill from the Commission, each party shall remit payment of the same within 30 days. To the extent that each party is financially liable pursuant to the above formula, each party hereby agrees to indemnify any other party which for any reason assumes payment of its debts in connection with the operation of the Commission. d) Financial Liability Limited. Notwithstanding anything to the contrary contained in paragraph 7(c) above, each party's liability under this contract shall be limited to the extent that it shall not result in any indebtedness or the incurrence of any pecuniary liability for which it shall be necessary to levy in any year a rate of taxes higher than the maximum 6 • prescribed by law or to do any other thing in violation of Minnesota Statutes §275.27 or any other law which shall cause this Agreement to be null and void. Nothing contained in this Agreement shall preclude any party from providing in any budget for, or making any expenditure, or selling or issuing any bonds, or creating any indebtedness, the payment of principal or interest of which shall require the levy of taxes which levy may or may not be subject to any maximum levy limitation or limitations prescribed by law. Such party's obligation to levy taxes for payment of and to pay any amount to any other party from any such tax levy shall be subordinate to, and may occur only after provision is made for, the levy of taxes for and tk payment of any such expenditure or indebtedness, the sale of issuance of bonds and the payment of principal or interest thereon. 8. INSURANCE. The Commission shall provide or cause to be provided motor vehicle liability (other than that applicable to public transit vehicles), general public liability, and public officials liability insurance in amounts not less than $1,600,000, and workers' compensation insurance. The Commission shall also provide or cause to be provided insurance insuring against liability arising out of the ownership and operation of public transit vehicles in such amounts and on such terms as the Commission shall determine. The Commission may also provide insurance for fire, theft, motor vehicle collision insurance, and other insurance relating to any of its property, rights, or revenue, or any other risk or hazard arising from its activities. The Commission may provide for the insuring of its officers or employees against any other liability, risk, or hazard. 9. DURATION OF AGREEMENT. This Agreement shall continue in force until January 1, 1988, and thereafter from year to year, subject to withdrawal by a party or termination by all parties. Withdrawal by any party shall be effected by serving written notice thereof upon the other parties no later than July 1 of the year at the end of which such withdrawal is to be effective. Withdrawal from the Agreement by any party at the end of the calendar year shall not affect the obligation of any party to perform the Agreement for or during the period that the Agreement is in effect. Withdrawal of any party or termination of the Agreement by all parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any party arising out of that party's participation in the Agreement. 10. DISTRIBUTION OF ASSETS. In the event of withdrawal of any party from this Agreement, all of the capital assets, real estate, liquid assets, prepaid expenses and cash utilized by the Commission or its designated management services, which the withdrawing party may have contributed to in proportionate share, shall be forfeited to the Commission. In the event of termination of this Agreement by all parties, all of the capital assets, real estate, liquid assets, prepaid expenses, and cash which remain after payment of debts and obligations shall be distributed among the municipalities who 7 10 are parties to this Agreement immediately prior to its termination in accordance with the following formula subject to contractual obligations of the Commission. Each municipality shall receive that percentage of remaining assets determined by dividing the total amount which that municipality contributed to the Commission during the previous five years by the total amount contributed to the Commission over the previous five years by all the municipalities who are parties to this Agreement immediately prior to its termination. The amount of the distribution to any party pursuant to this Agreement shall be reduced by any amounts owed by the party to the Commission pursuant to paragraph 7(c) and shall be subject to the parry's continuing liability pursuant to paragraph 9. 11. ARBITRATION. If the parties are unable to agree upon any matter to be decided by the Commission, any party may submit such unresolved dispute for arbitration in accordance with the rules of commercial arbitration of the American Arbitration Association, with the parties sharing the costs of such arbitration equally (other than each parties' own expenses incurred in presenting its position during the arbitration proceedings). In the event any dispute is submitted to arbitration, the parties agree to be bound by the results of the arbitration. 12. COOPERATION EFFORT. Each of the parties agrees that it will cooperate fully and in a timely manner to take the actions necessary to facilitate and accomplish the foregoing provisions of this Agreement. 13. EFFECTIVE DATE. This Agreement shall be in full force and effect from and after the date of passage and adoption by the governing body of each party. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes §471.59. 8 Ii FIRST RESTATED JOINT POWERS AGREEMENT CITY OF EDEN PRAIRIE By: Its By: Its Approved by the City Council of Eden Prairie this day of , 1994. 9 12- FIRST RESTATED JOINT POWERS AGREEMENT CITY OF CHANHASSEN By: Its By: Its: Approved by the City Council of Chanhassen this day of , 1994. 10 13 FIRST RESTATED JOINT POWERS AGREEMENT CITY OF CHASKA By: Its By: Its: Approved by the City Council of Chaska this day of , 1994. rfr\smtc\j ntpwr4.A GR II Ij