HomeMy WebLinkAboutCity Council - 09/06/1994 AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 6, 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
PRESENTATION OF PROCLAMATION FOR LITERACY AWARENESS MONTH FOR
SEPTEMBER, 1994
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. OPEN PODIUM
M. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY. AUGUST 16. 1994
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. 2ND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4
RELATING TO LIQUOR REGULATIONS
C. SIGN CODE AMENDMENT. 2nd Reading of an Ordinance amending the Sign
Code and providing for temporary off-site directional signs.
D. RECOMMENDATION TO ACQUIRE LAKESHORE PROPERTY ON
DUCK LAKE
E. REQUEST TO ELIMINATE RECREATION PROGRAM TRANSFER I EES
F. AWARD CONTRACT FOR INSTALLATION OF COMMUNICATIONS
WIRING TO POLICE RADIO TOWER
G. RESOLUTION AMENDING FEE RESOLUTION (ANIMAL ORDINANCE
CHANGES)
City Council Agenda
Tuesday, September 6, 1994
Page Two
H. SET SPECIAL ASSESSMENT HEARING FOR OCTOBER 4. 1994 FOR
PROJECT BY TOM THUMB STORE AT DELL ROAD & TOWNLINE
ROAD
I. RESOLUTION APPROVING FINAL PLAT FOR HAWTHORNE OF EDEN
PRAIRIE 3RD ADDITION (located east of Dell Road and south of TH 5)
J. RESOLUTION APPROVING FINAL PLAT FOR HAWTHORNE
CARRIAGE HOMES (located east of Dell Road and south of TH 5)
K. RESOLUTION APPROVING FINAL PLAT FOR FAIRFIELD SOUTH 3RD
ADDITION (located north of Pioneer Trail and West of Braxton Drive)
L. RESOLUTION AWARDING CONTRACT FOR WELL PUMPHOUSENOS.
11 & 12, I.C. 94-5356
M. RESOLUTION AWARDING CONTRACT FOR WATERMAIN AND WELL
COLLECTOR LINES IN MITCHELL ROAD AND TECHNOLOGY DRIVE.
I.C. 94-5357
N. RESOLUTION REGARDING LIMITED USE PERMIT APPROVAL FROM
MnDOT
O. SET TUESDAY. OCTOBER 4. 1994, 6:30 PM. TO INTERVIEW
CANDIDATES FOR HUMAN RIGHTS & SERVICES COMMISSION,
HUMAN SERVICES COMMITTEE, AND STUDENT/YOUTH LIAISONS
TO BOARDS AND COMMISSIONS
P. AMENDMENT NO. 1 TO EASEMENT AGREEMENT BETWEEN
BREMCO (EDEN PRAIRIE LIMITED PARTNERSHIP),_LEISERV, INC..
AND CITY OF EDEN PRAIRIE
V. PUBLIC HEARINGS/MEETINGS
A. 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) Continued
from August 16, 1994
B. BUCA RESTAURANT by Parasole Restaurant Holdings, Inc. Request for
Zoning District Amendment within the Community Commercial Zoning District
and Site Plan Review on 1.25 acres for a 4,200 sq. ft. restaurant addition.
Location: Highway 5 and Mitchell Road. (Ordinance for Zoning District
Amendment within the Community Commercial Zoning District)
City Council Agenda
Tuesday, September 6, 1994
Page Three
C. EDEN PRAIRIE MALL EXPANSION - PHASE II by Homart Development
Company. Request for PUD Concept Review on 80 acres, PUD District Review
with waivers on 80 acres, Zoning District Amendment on 80 acres, and Site Plan
Review on 80 acres. (Resolution for PUD Concept Review, Ordinance for
PUD District Review and Zoning District Amendment)
D. EDEN PRAIRIE METRO MINI-STORAGE by Property Resources
Corporation. Request for Zoning District Amendment and Site Plan Review in
the I-2 Park District on 4.1386 acres. Location: 6851 Flying Cloud Drive.
(Ordinance for Zoning District Amendment)
E. NOISE ORDINANCE
VI. PAYMENT OF CLAIMS
VII. ORDINANCES AND RESOLUTIONS
A. RESOLUTION RELATING TO PRELIMINARY PLAT FOR PURGATORY
CREEK ESTATES
B. RESOLUTION TO ADOPT PROPOSED CITY BUDGET AND TAX LEVY
FOR 1995
C. STREET NAME CHANGE FOR A PORTION OF CONEFLOWER LANE
TO CATTAIL COURT
D. STREET NAME CHANGE FOR A PORTION OF BOULDER POINTE
ROAD TO BLAKENEY ROAD
VIII. PETITIONS. REOUESTS AND COMMUNICATIONS
A. REOUEST TO REVIEW THE BOARD OF ADJUSTMENTS AND APPEALS
APPROVAL OF VARIANCES #94-17. TANEN. 6525 ROWLAND ROAD
(Continued from August 16, 1994)
B. REQUEST FROM SOUTHWEST TRAILS SYSTEM TO DESIGNATE A
SNOWMOBILE TRAIL ON A PORTION OF THE HENNEPIN PARKS
REGIONAL TRAIL WITHIN EDEN PRAIRIE
IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1 -
City Council Agenda
Tuesday, September 6, 1994
Page Four
B. REPORT OF CITY MANAGER
1. REVIEW 1993 AUDIT REPORT
C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL
RESOURCES
1. REQUEST TO SEEK PROPOSALS FOR THE ESTABLISHMENT
OF A PRIVATE NON-PROFIT ART COUNCIL TO DIRECT AND
OPERATE AN ARTS CENTER OUT OF A CITY-OWNED
FACILITY
D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT
1. REVIEW OF MIDWEST ASPHALT LAND ALTERATION PERMIT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XIII. ADJOURNMENT '
PROCLAMATION
CP17'O y"EDEN PRAIR,IE
HEJ1 NEPIN COUNTY, MINNESOT.
WHEREAS: One in five Minnesotans cannot read this proclamation; and
WHEREAS: 700,000 Minnesotans have not earned a high school diploma; and
WHEREAS: The social and economic consequences of illiteracy are far-reaching and affect the city
of Eden Prairie; and
WHEREAS: The Eden Prairie School Board and South Hennepin Adult Programs in Education
acknowledges the importance of adult basic education, literacy and English As A Second
Language instruction; and
WHEREAS: It is important to recognize participants in adult basic education programs, both
students and volunteers; and
WHEREAS: Eden Prairie citizens wish to join other national groups in the celebration of Literacy
Month;
NOW THEREFORE, I, Douglas Tenpas, Mayor of Eden Prairie, so hereby proclaim the month of
September, 1994, to be
L1'1''LY C9' AWARENESS MONIH
EDEN RIVE
1; OA)
ayor
City o f Ellen Prairie
'-gymrl
MINUTES
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 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 Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Tenpas called the meeting to order at 7:38 p.m. after a brief time during which the Mayor and
Councilmembers related their memories of former Councilmember Anderson.
All members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Jullie added Item IV. P. SECOND READING OF ZONING ORDINANCE FOR CENTRUM
DEVELOPMENT, and moved Item IX.C. SOUTHWEST METRO TRANSIT - REQUEST CITY
TO FUND HIGH SPEED BUS PROJECT to the Consent Calendar as Item IV. Q.
MOTION: Harris moved, seconded by Pidcock, to approve the agenda as submitted and amended.
Motion carried unanimously.
II. OPEN PODIUM
Roger Sandvick, 14280 Stratford Road, expressed concern about the escalating noise levels from
Midwest Asphalt near his property and about their possible mining operations without having a permit.
Jullie noted that they have agreed to apply for a permit.
Councilmembers suggested that Staff put together more information on the situation and include it on
an upcoming Council agenda.
III. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, JULY 19. 1994
MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the July 19, 1994,
Council meeting as submitted. Motion carried unanimously.
City Council Minutes 2 August 16, 1994
B. SPECIAL CITY COUNCIL MEETING HELD THURSDAY. AUGUST 11, 1994
MOTION: Harris moved, seconded by Jessen, to approve the minutes of the August 11, 1994,
Special Council meeting as submitted. Motion carried unanimously. .
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 #27-94, Zoning District Amendment in the Public Zoning District and
Resolution #94-115, Site Plan Review)
D. RESOLUTION#94-116. DEFERMENT OF STORM SEWER ASSESSMENT- HUELER
E. YEAR XX (1994) CDBG SUBRECIPIENT AND THIRD PARTY AGREEMENTS WITH
HENNEPIN COUNTY (Resolution #94-117)
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#28-94, Rezoning
from Rural to R1-22 on 38.13 and R1-13.5 on 1.65 acres)
G. RESOLUTION#94-118. AWARDING CONTRACT FOR HIDDEN PONDS RESERVOIR
PAINTING, I.C. 93-5338
H. RESOLUTION #94-119, 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 #94-120. APPROVING FINAL PLAT FOR BRENTWOOD (located west
of Candlewood Parkway)
K. RESOLUTION #94-121. 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#94-130. APPOINTING ELECTION JUDGES FOR FOR THE PRIMARY
ELECTION
City Council Minutes 3 August 16, 1994
N. PROCLAMATION FOR "STOP THE VIOLENCE AND SAVE OUR KIDS MONTH"
O. REQUEST FOR ADDITIONAL SERVICES FOR RCM REGARDING RILEY LAKE
PARK DEVELOPMENT
P. CENTRUM DEVELOPMENT - 2nd Reading of Ordinance #26-94-PUD-4-94, for Rezoning
from Rural to PUD-4-94-Commercial Regional Service on 5.6 acres; Adoption of Resolution
#94-123, Site Plan Review; and Approval of Developer's Agreement for Centrum Development.
Location: Singletree Lane between Bachman's and Brunswick. (Ordinance #26-94-PUD-4-94
for PUD District Review with Waivers and Zoning District Change;and Resolution#94-123,
Site Plan Review)
Q. SOUTHWEST METRO TRANSIT - REQUEST CITY TO FUND HIGH SPEED BUS
PROTECT
Harris questioned Item B. regarding Southwest Metro. George Bentley, Southwest Metro
representative, said that capital expenditure funds come from regional transit bonds.
MOTION: Harris moved, seconded by Pidcock, to approve items A. - Q. of the Consent
Calendar as presented. Motion carried unanimously.
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)
Jullie said the Council closed the Public Hearing for this project at an earlier meeting but
continued the discussion in order to obtain a redetermination of wetland boundaries. He said
the 120-day review period for the Preliminary Plat expires today.
Councilmembers discussed the merits of sending the project on to the LGU governing body for
determination as opposed to not turning the project over to the Watershed District since the
Council has authority on zoning and density. Barry Post, Post Construction, said they have had
three meetings with the Watershed District but they will not talk to the Posts without prior
approval of the project from the Council.
Councilmembers asked whether any consideration had been given to reducing the density to the
five lot configuration that would not require any variances nor any wetland fill. Brian Post, Post
Construction, said the subdivision as proposed meets every rule.
After reviewing the notice sent out, Pauly said the meeting tonight was published as a Public
Hearing; therefore, members of the audience could speak to the issue.
City Council Minutes 4 August 16, 1994
Gerard Wersal, 12645 Sunnybrook Road, thought this is an issue of density and that he had
discussed this with the Watershed District who reported that they had not been approached by
Post Construction.
Libby Hargrove, 12640 Sunnybrook Road, asked if any consideration will be given to the illegal
land filling that was done prior to this project request. Gray said some fill had been brought
onto the property and that Staff would be willing to meet with the Posts to discuss options.
MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; to adopt
Resolution #94-124, approving the Comprehensive Guide Plan Amendment from Open space to
Low Density Residential on approximately two (2) acres; to approve 1st Reading of the
ordinance for Rezoning from Rural to R1-13.5 on 4.93 acres; to adopt Resolution #94-125,
approving the Preliminary Plat for five (5) single family lots and one (1) outlot as outlined on
the schematic provided; to direct Staff to prepare a Developer's Agreement incorporating
Commission and Staff recommendations; and to direct Staff to prepare a Resolution of Findings
in support of a five-lot versus seven-lot preliminary plat for the property. Motion carried 3-1
with Tenpas opposed.
B. SIGN CODE DISCUSSION (Ordinance) Continued from March 8, June 7, June 14, June
21, July 5, and July 19, 1994
Jullie noted that the August draft ordinance is somewhat more restrictive than the previous
version and was prepared subsequent to Staff discussions with various interested parties.
Councilmembers expressed concern that two directional signs might not be enough for some
projects, that a "project" needs to be more closely defined, and that there might be some merit
in incorporating a signage plan as part of the developer's agreement. Pauly expressed concern
about leaving the number and locations of signs up to the developers.
MOTION: Jessen moved, seconded by Harris, to approve 1st reading of the ordinance for
amendment to the Sign Code relating to on-site and off-site development/directional signs,
subject to the following revisions: (1) include classification as to what is a project; (2) revise
the sliding scale in Section 4.J.3.(a) to allow 6 signs for a project of 10 or less and 12 signs for
a project of 10 or more; (3) revise Section 4.J.3.(g) to specify more than two (2) miles from the
project. Motion carried with Pidcock abstaining.
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)
The developer requested postponement of this item to the first meeting in September. Staff
reported that appropriate notices would be sent to the surrounding property owners.
MOTION: Pidcock moved, seconded by Harris, to continue this item to the September 6,
1994, meeting. Motion carried unanimously.
City Council Minutes 5 August 16, 1994
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)
Enger and Lambert reported that the Planning and Parks Commissions had recommended
approval per the Staff reports.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Harris, 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. Motion carried
unanimously.
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)
Enger said the Planning Commission recommended approval of the project on August 8th.
Councilmembers questioned if there would be cash park fees. Enger said they were paid.
There were no comments from the audience.
MOTION: Harris moved, seconded by Pidcock, to close the public hearing; to approve 1st
reading of an ordinance for Zoning District Amendment within the Commercial Regional Service
District; and to direct Staff to prepare a Developer's Agreement incorporating Commission and
Staff recommendations. Motion carried unanimously.
F. JOE 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)
Enger said the Planning Commission recommended approval of the project, subject to the
recommendations of the Staff Report dated July 22.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Harris, to close the public hearing; to adopt
Resolution #94-126 approving the Preliminary Plat of 1.66 acres into three(3) lots; and to direct
Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations.
Motion carried unanimously.
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)
City Council Minutes 6 August 16, 1994
Enger said the Planning Commission recommended approval of the project, subject to the
recommendations of the Staff Report dated July 22nd.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Jessen, 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. Motion carried
unanimously.
H. VACATION 94-06: DRAINAGE EASEMENT IN PRAIRIE SHORES ADDITION
(Resolution #94-127)
There were no comments from the audience.
MOTION: Harris moved, seconded by Jessen, to close the public hearing and adopt Resolution
#94-127, vacating the drainage easement over part of Lot 27, Block 1, Prairie Shores Addition.
Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Jessen, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Harris, Jessen, Pidcock, and Tenpas voting "aye".
VII. ORDINANCES AND RESOLUTIONS
A. MUSA LINE EXPANSION - PLAN AMENDMENT PROCESS (Resolution #94-128)
Jullie said the Comprehensive Plan Amendment would expand the year 2000 MUSA line to the
Minnesota River bluffs area which would add 850 acres of developable land supply, or all of
the remaining developable land outside the current MUSA line.
Councilmembers questioned the probably timing of the process. Enger said that, while Staff has
had preliminary discussions about the amendment, the process will probably take several months.
MOTION: Jessen moved, seconded by Harris, to adopt Resolution #94-128, authorizing Staff
to prepare a Comprehensive Guide Plan Amendment for extension of the Metropolitan Urban
Service Area (MUSA) Line. Motion carried unanimously.
B. RESOLUTION #94-129. AMENDING RESOLUTION NO. 94-09 TO DESIGNATE THE
ACTING MAYOR
MOTION: Harris moved, seconded by Jessen, to nominate Councilmember Pidcock as Acting
Mayor. Motion carried unanimously.
MOTION: Harris moved, seconded by Jessen, to adopt Resolution #94-129, designating
Councilmember Patricia Pidcock as Acting Mayor. Motion carried unanimously.
City Council Minutes 7 August 16, 1994
C. ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO LIQUOR
REGULATIONS
Jullie and Pauly reviewed the draft ordinance amending City Code Chapter 4, noting that the
amendment was written primarily in response to recently enacted amendments to state law.
MOTION: Pidcock moved, seconded by Jessen, to adopt 1st reading of an ordinance
amendment to City Code Chapter 4, relating to liquor regulations. Motion carried
unanimously.
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
Councilmembers suggested that a study committee be formed to discuss possible amendments
to the new tobacco regulations ordinance. The committee would be composed of staff, one
Councilmember, and members of the community at large.
Tom Briant, attorney for the Minnesota Coalition of Responsible Retailers, said he would be
open to meeting with such a study committee.
MOTION: Harris moved, seconded by Jessen, to appoint a study group to include Staff,
representatives of the Minnesota Coalition of Responsible Retailers, interested members of the
community, and Mayor Tenpas to develop appropriate measures for phasing in of the new
tobacco regulations for retailers. Motion carried unanimously.
B. REOUETT TO REVIEW THE BOARD OF ADJUSTMENTS & APPEALS APPROVAL
OF VARIANCE 94-15. KETCHAM, 14007 HOLLY ROAD
Councilmembers expressed concern that there does not seem to be much flexibility available.
MOTION: Harris moved, seconded by Pidcock, to affirm the decision of the Board of
Adjustments & Appeals to approve Variance 94-15, Ketcham, 14007 Holly Road. Motion
carried unanimously.
C. REQUEST TO REVIEW THE BOARD OF ADJUSTMENTS & APPEALS APPROVAL
OF VARIANCE 94-17, TANEN, 6525 ROWLAND ROAD
Jullie said Staff is working with the applicant and neighbors to reach a solution, and they have
requested a continuance in order to continue the discussions.
MOTION: Harris moved, seconded by Pidcock, to schedule this item for review at the
September 6, 1994, Council meeting. Motion carried unanimously.
City Council Minutes 8 August 16, 1994
IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES
A. PARKS. RECREATION & NATURAL RESOURCES COMMISSION - RECOM-
MENDATION REGARDING LAWFUL GAMBLING ORDINANCE AND OTHER FORMS
OF FUND RAISING OPTIONS
Lambert said the Parks Commission reviewed the May 31, 1994, letter from the Girls Athletic
Association (G.A.A.) and voted 5-1 to recommend denial of an extension of the use of gambling
proceeds to fund recreation in the Eden Prairie Parks and to not support commercial sponsors
for signage in the parks.
Councilmembers asked Staff to prepare a letter to the G.A.A. emphasizing our support of their
programs while supporting the Parks Commission recommendation.
B. SHeRPA REQUEST FOR MORE STAFFING
Jullie noted that this item is on the Agenda at the request of Councilmember Jessen. Jullie
reviewed the recommendation of the Human Rights & Services Commission to not reduce the
current funding of service agencies in order to fund additional staff at SHeRPA.
Jessen outlined the events at a recent Board meeting that led to a request for funding of
additional staff by means of reducing the current level of funding for service agencies in the four
cities involved in SHeRPA. He said there was considerable discussion regarding setting
priorities for programs versus administration.
Councilmembers expressed concern about reports that the current SHeRPA staff. Jessen said
he thought it was important for SHeRPA to use other existing resources and to reprioritize in
order to make reasonable assignments to the current staff.
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 and
7/19/94)
Jullie said that, since there has not been a nomination for this appointment, it will be rescheduled
when such a nomination is made.
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
City Council Minutes 9 August 16, 1994
1. Set meeting dates for Budget discussions (August 30 and September 13)
Councilmembers discussed changing the date for the second meeting. Jullie noted that
the second meeting may not be needed.
MOTION: Harris moved, seconded by Jessen, to set August 30, and September 12,
1994, as special meeting dates for the purpose of discussing the propose 1995 Budget.
Motion carried unanimously.
2. City Manager 1994 Salary Adjustment
Councilmembers agreed that Mr. Jullie has continued to grow in the job and that the new
realignment of staff allows him to manage the staff more efficiently.
MOTION: Jessen moved, seconded by Pidcock, to approve the City Manager's Salary
Adjustment for 1994 and the $400 per month car allowance to replace the City-provided
car, as presented in his August 11th memo. Motion carried unanimously.
XII. OTHER BUSINESS
XHI. ADJOURNMENT
MOTION TO ADJOURN: Pidcock moved, seconded by Jessen, to adjourn the meeting. Mayor Tenpas
closed the meeting at 9:35 p.m.
Er CITY COUNCIL AGENDA DATE:
=Ian
hair« SECTION: CONSENT CALENDAR 9-6-94
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-FA'1ILY & COMM. ) UTILITY INSTALLER
Hi-Tech Installation Valley-Rich Company, Inc.
John Leinen Construction Co.
Stu Peterson Custom Woodwork
United Operations, Inc. GAS FITTER
Boiler Services, Inc.
PLUMING
Riven Services
Don Broll Plumbing
Doody Mechanical , Inc.
Mike's Plumbing HEATING & VENTILATING
Michael J. Peterson Plumbing
Sullivan Plumbing Boiler Services, Inc.
Valley-Rich Company, Inc. Environmental Heating & Air Cond.
Riven Services
Triple D. Heating Qi .Air Cond.
Action/Direction:
9-6-94 page 1
CITY COUNCIL AGENDA DATE: 9-6-94
SECTION: 2nd Reading
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Community Development
Chris Enger SIGN CODE
Jean Johnson AMENDMENT
REQUESTED COUNCIL ACTION:
The City Council is requested to take action on the following: Give 2nd reading to the ordinance.
BACKGROUND
1st Reading was accomplished on August 16, 1994.
SUPPORTING INFORMATION
Ordinance
1' No. JVC
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 22 . and 23 . to read as follows :
"22 . "Off-Site Directional Sign" - A sign
erected for the purpose of directing traffic
to a residential area.
23 . "Open House Sign" - A sign which
identifies 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 21-39
inclusive as items 24-42 .
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 .
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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
n{8the
earlier of eighty percent
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
2 - 10 6
11 or more 12
(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 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
_2_
£0 'd £T L06Z8Z T 9 NOSN303d1 AlflVd ONti1 9V: O I I Nd 176-Z -d3S
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.
(f) Each sign shall include the name and
telephone number of the owner of the
sign.
(g) Signs may not be placed more than two (2)
miles 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
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
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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 oft-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 two (2)
miles from the project .
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, but in any event shall' not
exceed five (5) days. One (1) garage
sale sign not to exceed six (6) square
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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:\wp51\ra0ep\ord\aiyn.zon
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EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/6/94
SECTION: Consent Calendar ITEM NO. I V. h
DEPARTMENT: ITEM DESCRIPTION: Recommendation to Acquire I akeshore Property
PRNR on Duck Lake
Robert A. Lambert �1(
Attached to this memorandum is a map depicting a sliver of lakeshore property on the north shore of
Duck Lake. This parcel of land is a remanet owned by Helen Karasek of Jacksonville, Arkansas. Ms.
Karasek grew up in Eden Prairie and, in fact, recently attended her 61st class reunion of Eden Prairie
High School. When she sold the land on the north side of Duck Lake Trail, she decided to keep this
remanet for sentimental reasons. As she has indicated in correspondence, "all this sentiment ends with
me." City staff contacted Ms. Karasek to determine if she is interested in selling that parcel of land
to the City of Eden Prairie. She has indicated that she would be interested in selling the property and
has agreed to sell it to the City for $5,000.
The only public frontage on Duck Lake is the right-of-way along Duck lake Road. Many people use
this as a place to drop in a canoe or stand and fish. City staff recommend considering the acquisition
of the 470 feet of lakeshore adjacent to Duck Lake Trail in order to provide a safer access to the lake
for canoeists and people that simply want to fish from the shoreline.
Residents from the Duck Lake area have requested the City to aerate Duck Lake to help sustain the fish
population. If the City decides to provide aeration of that lake in the future, this parcel would also
provide a location to set up an aeration system.
RECOMMENDATION:
City staff recommend authorizing the City Attorney to draft a Purchase Agreement in the amount of
$5,000 for the acquisition of the 470 feet of lakeshore property described in this memorandum, and to
proceed with acquisition of that parcel for public recreation purposes.
BL:mdd
DuckLake/Bob60
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1
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/6/94
Parks, Recreation and Natural Resources Commission ITEM NO= E
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: Request to Change the Transfer and Cancellation
PRNR *i:1, Policy for City Programs
Laurie Helling
REQUEST:
On July 25, 1994, I received a letter from Dipak J. Shah, requesting the Parks, Recreation and Natural
Resources Commission to consider eliminating the transfer and/or cancellation fees for ice skating and
swimming lessons. Please refer to the attached letter for further details.
RECOMMENDATION:
Transfer Policy
Staff recommends that the $2 transfer fee, which has applied to each transfer of a participant from one
class to another be abolished. Transfers to be completed in person at the Community Center or by
phone.
Cancellation Policy
Staff recommends that a complete program refund be given if a person cancels one week before the start
of a program. If a person wishes to cancel out of a program less than one week prior to the start of
a program, there will be a $3 cancellation fee. If a person cancels after the program starts, the refund
will be prorated, after the cancellation fee is applied.
This refund policy will not apply to trip programs. A complete refund will be given if the person
cancels before the registration deadline. Once the final arrangements have been made for
transportation and/or tickets, a refund cannot be given for the program, unless the opening can
be filled by another participant, at which time the $3 cancellation fee will apply.
BACKGROUND:
Monday, August 15, 1994, this request was brought before the Parks, Recreation and Natural Resources
Commission. The Commission unanimously voted to support the staff recommendation as presented.
Current Transfer Policy
A $2 transfer fee applies to each transfer of a participant from one class to another. Transfers must be
completed in person at the Community Center.
1
Current Cancellation Policy
There will be no refunds after a class has begun. Participants who cancel prior to the first meeting will
have a $3 service charge deducted from class refund. Once the program has started, refunds are only
given for medically-related problems on a prorated basis (doctor's notice required).
Classes with insufficient enrollment will be cancelled and payments refunded by mail.
Based upon the input collected from a survey of 90 city recreation departments, conducted fall of 1992,
the following data was collected.
• 72% of the cities surveyed have a transfer policy.
• 90% of the cities surveyed do not charge a transfer fee.
• 81% of the cities surveyed have a program cancellation policy.
• 30% of the cities surveyed have a cancellation fee (57% of the cities surveyed did not charge
a cancellation fee, and 13% of the communities surveyed provided no response to this question).
RATIONALE:
The City's recreation registration process is undergoing substantial changes to make it easier for
residents to register. A new computer system is in the works, which will replace the outdated process
currently in operation.
In general, the best policies for registration are those most oriented toward the customer and those that
are most positive. Unless it is absolutely necessary, any disincentive to registration should be avoided.
Penalties of any kind are disincentives.
Transfers
Usually, the individual requesting a transfer has a valid reason for the request. Staff have also
expressed that it's not worth the abuse that they receive trying to collect the $2 transfer fee (especially
if an individual is trying to transfer a child in an appropriate skill level program).
Cancellations
A complete refund of a cancellation received prior to the occurrence of a program is the most customer
oriented policy. It is best to avoid penalties of any kind because these can prevent people from
registering. A full refund is the best policy.
Please refer to the two attachments for further rationale:
• The Fundamentals
• community survey regarding transfers and cancellations
Staff contacted 12 area communities to survey their department on this issue. Although not every city
had a formal policy on transfers, transfers were completed if an opening was available in the requested
class. Only two communities (Plymouth - $2 fee for swimming only, and Crystal - $3 fee before
2
program registration deadline) charge a transfer fee. Otherwise, the remaining ten communities
surveyed do not charge a transfer fee. The primary purpose stated for not having a transfer fee or
dropping the transfer fee was due to customer service.
Again, all 12 communities surveyed do have a formal policy for cancellations; however, cancellations
were accommodated upon request. Most communities provide a complete refund either before the
program starts or before a registration deadline. Please refer to the cancellation fee segment on the
community survey.
Our Total Quality Management journey in Eden Prairie has moved us toward major changes in our
thinking and attitudes on issues such as the transfer/cancellation policy. In an ongoing effort toward
better customer service and continued improvement, staff supports these changes to the current policy.
As stated by the City Manager, the continuing process of our City organization is vitally dependent upon
providing all our customers with services which meet, and even exceed their expectations.
Our renewed and improved commitment is to be customer oriented and user friendly. Therefore, we
will continue to challenge City services and processes, in an effort that will keep Eden Prairie among
the most desirable communities for families and businesses to locate and flourish.
CLOSING COMMENTS:
Attached is a memorandum, dated August 9, 1994, which provides the number of transfers completed
in 1993 and year to date 1994, as well as cancellations completed in 1993 and year to date 1994. The
fees collected for transfers in 1993 totalled $706 and the fees collected for cancellations in 1993 totalled
$1,533 (total revenue for transfers and cancellations in 1993 was $2,239).
LH:mdd
Attachments: Letter from Dipak J. Shah Dated July 25, 1994
The Fundamentals
Community Survey on Transfers and Cancellations
Memorandum Dated August 9, 1994 Regarding Transfer and Cancellation Count and
Fees Collected
transfer/Laurie60
•
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THE F UNDAMENTALS •
#30 Charging Cancellation Fees
"The Fundamentals"is a concise overview of the important aspects of programming noncredit classes for the community.
It is produced and copyrighted exclusively by the Learning Resources Network (LERN) for its subscribers and
members. Programs should use "The Fundamentals" as a checklist for successful operations.
Some programs have a policy of charging cancellation fees to participants who cancel after a stated time. There area
number of issues to consider before introducing such a penalty.
What is the purpose of the charge?Is it to deter cancellations?Is it to penalize those who cancel?Is it to cover costs
that are unrecoverable to the program? Is it to encourage early cancellations so that others on a waiting list can be
notified?
In general, the best policies for registration are those that are most oriented toward the customer and those that are
most positive. Unless it is absolutely necessary(to assure financial success, for example) any disincentive to registration
should be avoided. Penalties of any kind are disincentives.
Obviously, a complete refund for a cancellation received prior to the occurrence of an event is the most customer-
oriented policy, and it is the one we recommend. However, if it is necessary in order to cover real costs or expenses to
give less than a full refund, be sure to state the policy positively.
For example, instead of"There will be a $50 cancellation fee for cancellations received less than 7 days prior to the
seminar," say "A complete refund will be given to any participant who cancels his registration by May 23. After May 23,
a cancellation fee of$50 will be necessary to cover materials and facilities costs which we must incur for each participant
and which are not refundable to us."
Ideally, it is best to avoid penalties of any kind because these can prevent people from registering. A full refund is the
best policy. Ordinarily,you should find that you have very few cancellations. After a participant has made the commitment
to take part in your seminar, he or she is unlikely to withdraw without a very compelling reason.
If you find that you are receiving an inordinately high number of cancellations, this may be a sign that you need to
analyze your program to find out why this is happening. If you uncover any problems, you can address them and offer
a more positive experience to your participants.
Learning Resources Network (LERN) 1 1550 Hayes Drive 1 Manhattan, Kansas 66502 1 (913) 539-5376
18 Course Trends • November 1993
its M. 00
Bloomington 887-9601 Yes No fee Yes $35 Bloomington: Transferring is getting 10 be o pain
Shelia and they may look ut adding u fee to it. If
program is less than $25norefund, ifb |xmore
Edina 930'1713 Yes, if there is No fee Yes Before program starts full refund. After than $25, $25 is deducted (before the program
Laura mpmom no program /¢mMo prorated refund. ntmMo).
problem.
Apple VoUoy ' ifnonon|inU uf�or �hom�x�rodon
Plymouth SGD�131 Yes For swimming Yes $5chm�oonr�undo
Mary only $2 Fee deadline then itiu the supervisors decisions and this
depends on if there ioo wafting list or if money
Minnetonka- 839-0203 Yes No Yes Full refund if omnmJ 3ful| days before start _ has o|mu6y been spent. If o waiting list ' no
Hopkins Kay within 2 days no refund. problem/full refund. No wafting list and the money
has been spent ' no refund.
Burnsville 8954500 No 'Jmst flip No No 'Oex|ble Before program starts full refund. After
Thomnm flop money 'me will work with them program starts prorate refund. 8ivmklynPaxk. With the nursery school program
are flexible and skating lessons there are nurefunds un|000 it
can be filled hUh1 away. Used to have u $5 fee
Apple Valley 431-8856 No No Yes ' anytime Before program starts full refund' After until 34 youm ago. Dropped for customer service.
Shawn program starts prorate refund.
\ Eagan 6814660 Yem ' basically it No fee, if Yes ' not in writing. Before registration 6wm6Unw 'fu|| refund. ��or Maple Bmmx If the program has begun they are
still charged �6' wi|| pmm1oifmodixo| rouxunx�
~J Cheryl � �md�d as medical n000un. registration deadline ' maybe. Af�r�w� mf
\ cancellation ' No transfer, program ' pmrated.
register again. they would have
to cancel.
Brooklyn Park 493-8333 Not in writing. No fee Not in writing. Before program starts full refund. After
Louis If there ixroom program starts prorated refund.
no problem.
Brooklyn 569-3400 Yes Nu 'last Yes Up to34 hours before program starts $3
Center Kelly session $50 rhmnVw. Within 24hours ' $4churgn
this session
waived '
customer service
Maple Qmvw 4204000 Yes ifopenings No Yes $5 fee unless medical
Jodi
Cyrstml 531-0052 Yes iVopenings $3 Yes $3 before program registration deadline.
Renee After deadline nwrefund.
Golden Valley 693-8043 Yes No Yes Before program starts full refund. After
Rick Bhno program starts prorated refund (medical ' fuU
refund).
Lmuhw08 ' August 8, 1994
MEMORANDUM
TO: Laurie Helling, Manager of Recreation Services
FROM: Connie Peters, EPCC Lead Secretary
DATE: August 9, 1994 1
SUBJECT: Transfer and Cancellation Count and Fees Collected
Listed below are the number of transfers and cancellations for
January through December of 1993 and January through July of 1994 .
TRANSFERS CANCELLATIONS
1993 1994 1993 1994
January 35 56 71 132
February 27 31 82 74
March 11 26 34 32
April 27 40 56 80
May 42 73 82 85
June 116 109 129 138
July 100 106 185 152
August 35 106
September 26 76
October 39 67
November 16 67
December 6 40
TOTAL 480 442 995 693
If we cancel a class or ask someone to transfer we do not charge a
fee. We also do not charge a fee for cancellations or transfers
due to illness.
Fees were collected as follows :
1993 Transfers 353 @ $2 . 00 each = $ 706
Cancellations 511 @ $3 . 00 each = $1533
TOTAL $2239
1994 Year to Date
Transfers 334 @ $2 . 00 each = $ 688
Cancellations 326 @ $3 . 00 each = $ 978
TOTAL $1666
MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl J. Jullie, City Manager
FROM: James Clark, Police Chief
Gary Therkelsen, Division Commander
DATE: September 1 , 1994
SUBJECT: Award Contract for City Center 911 Cable Project
REQUESTED ACTION
Authorize execution of a contract in the amount of $38,139 with FIBRCOM for
the installation and recurring maintenance for connection of the new Eden
Prairie Public Safety Answering Point (PSAP, also known as the 911 center)
located at 8080 Mitchell Road, and the transmitter site at 7900 Mitchell Road.
The recurring monthly maintenance charge is $374.64.
Ten-year cost estimate: $94,685
BACKGROUND
With the decision to relocate the Police Department to the City Center, it
became necessary to connect the 911 communications center equipment with
the radio transmission tower at the soon-to-be-former police station at 7900
Mitchell Road. Engineering services were retained to design the new PSAP and
to identify ways to connect the PSAP and the transmitting tower. The original
design recommended a redundant microwave network due to its high level of
reliability as compared to other methods of connection, which consist primarily
of wired telephone circuits. The engineer's estimate of construction for this link
was $60,000.
Bids were received for the microwave link earlier this year. The low bid
was $117,479.
Ten-year cost estimate: $193,000
This higher-than-expected bid was rejected, and an exploration of alternatives
began.
Page 2
Action Request of City Council
911 Cable Project
City Center/Transmission Tower Connection
Page 2
ALTERNATIVES
1 . Our original investigation focused on the installation of the
redundant wire network (using either copper wire or coaxial
cable) which would be owned and maintained by the City. (A
redundant network has two connection paths, so that if one path
fails, another will still operate.) Although the cost of this
approach appears to be under $50,000, the long-term obligation
for maintaining the network appears better left to others.
Ten-year cost estimate: $125,500
2. U S West provides similar services to the City for other radio sites
on a smaller scale. Those services are provided at rates approved
by the Public Utilities Commission. U S West verbally responded
to our inquiry with an initial installation of approximately
$25,000, and annual recurring costs of $25,000.
Ten-year cost estimate: $275,000
3. FIBRCOM, a subsidiary of Paragon Cable, provides Public Utilities
Commission-approved unswitched, point-to-point telephone
services in the seven-county metropolitan area. FIBRCOM
provided an initial quote for installation and maintenance at
$38,139, and monthly recurring charges at $374.
Ten-year cost estimate: $94,685
Upon learning that there is a certain level of regulated competition for the
provision of point-to-point telephone services, the City Attorney advised
undertaking a formal bid process as the project would exceed $25,000..
Page 3
Action Request of City Council
911 Cable Project
City Center/Communications Tower Connection
Page 3
BID TABULATION
Bids were opened on Thursday, September 1 .
FIBRCOM responded with its original quote, and with an alternate for a
fiber-optic network which would provide higher levels of automated
redundancy. The alternate bid was for $72,184, with a monthly
recurring of $374.64.
Ten-year cost estimate for original proposal: $ 94,685
Ten-year cost estimate for fiber-optic alternate: $128,730
FIBRCOM's bid was the only one received. Only one other bidder, U S West,
could qualify under PUC regulations.
RECOMMENDATION
Alternative 3 offers the best compromise for a high degree of network reliability
and reasonable initial and long-term cost. FIBRCOM's proposal meets
expectations for Alternative 3 and is a competitive bid. It is recommended that
a contract be executed with FIBRCOM per this proposal.
FUNDING SOURCE
This project is identified for funding in the City Center construction project.
gt
DATE:
CITY COUNCIL AGENDA
September 6, 1994
SECTION: Ordinances & Resolutions
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Police & Administration Amending Fees Resolution Relating to Animal
Control Ordinance Changes
The attached resolution amends the City's fee resolution for 1994 to correspond to the changes made to the
animal control ordinance earlier this year.
RECOMMENDATION: Staff recommends that the Council adopt the Resolution implementing the
changes to the fees resolution.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
AMENDING RESOLUTION NO. 94-06 REGULATING FEES AND CHARGES
FOR MUNICIPAL SERVICES RELATING TO ANIMAL FEES
BE IT RESOLVED that Sections 2.4 and 2.5 of Resolution #94-06 be amended to read as
follows:
2.4 ANIMALS DOGS (City Code Section 9.07)
Dog License: Male Annual $ 4.00
Female Annual $ 4.00
License is proratable by quarters.
Animal Impounding fees: $ 25.00 - 1st offense/year
$ 50.00 - 2nd offense/year
$100.00 - 3rd offense/year
Animal Boarding fee: $ 8.00 per day
Animal Euthanasia fee: $ 15.00
2.5 DOG and CAT KENNELS (City Code Section 5.60) Annual
Commercial $ 50.00
Private $ 25.00
ADOPTED by the City Council of the City of Eden Prairie on this 6th day of
September, 1994.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
2767/)
MEMORANDUM
TO: Mayor and City Council
THROUGH: Chris Enger, Assistant City Manager
FROM: Scott A. Kipp, Planner
DATE: September 1, 1994
SUBJECT: 100% PETITION FOR LOCAL IMPROVEMENTS - TOM THUMB AT DELL
ROAD AND TOWNLINE ROAD
In order to resolve a public nuisance issue involving the Tom Thumb store and two abutting
property owners, a Public Hearing will be taking place on October 4, 1994 to approve a 100%
petition for local improvements.
The issue involves the visual transition and safety concerns between the Tom Thumb building
and the two immediate neighbors to the east. The improvement will consist of construction of
a heavy duty wood screening fence, additional building security lighting and the re-establishment
of a trash dumpster area.
After many meetings with the City, commercial building owner and the two neighbors, an
agreement was reached to resolve the issue through a public assessment of these three parties to
abate a public nuisance.
Additional information will be forthcoming later this month.
DATE: Sept. 6, 1994
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: /I, y
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Hawthorne of Eden Prairie 3rd Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of
Hawthorne of Eden Prairie 3rd Addition subject to the following conditions:
1. Receipt of street sign fee in the amount of$912.00
2. Receipt of engineering fee in the amount of$1,240.00
3. Receipt of street lighting fee in the amount of$5,027.00
4. The requirements of the developer's agreement
5. Satisfaction of bonding requirements for the installation of all public utilities and streets
6. Receipt of warranty deed for Outlot D of Hawthorne of Eden Prairie for park purposes
Overview:
City Council approved the preliminary plat June 1, 1993. The Developer's Agreement and
Second Reading of the Zoning Ordinance was completed July 20, 1993.
Centex Real Estate Corporation is requesting Council approval of the second phase of the Centex
Deerfield PUD, consisting of 31 single family lots and right-of-way dedication for street
purposes.
As described in the Developer's Agreement, as lots are platted along the extension of Erin Bay
Road and Dell Road, developer has agreed to dedicate the 10.5 acre parcel along Dell Road for
park purposes.
JJ:ssa
cc: Ryan Gideon, Centex Corporation
Dwight Jelle, Westwood Professional Services, Inc.
Item No.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
HAWTHORNE OF EDEN PRAIRIE 3RD ADDITION
WHEREAS, the plat of Hawthorne of Eden Prairie 3rd Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Hawthorne of Eden Prairie 3rd Addition is approved
upon compliance with the recommendation of the City Engineer's report on this
plat dated August 31, 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 September 6, 1994.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
Item Noj/.
DATE: Sept. 6, 1994
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: if
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Hawthorne Carriage Homes
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of
Hawthorne Carriage Homes subject to the following conditions:
1. Receipt of street sign fee in the amount of$275.00
2. Receipt of engineering fee in the amount of$9,280.00
3. Receipt of street lighting fee in the amount of$1,608.00
4. Satisfaction of bonding requirements for the installation of public utilities
Overview:
Centex Real Estate Corporation is requesting City Council approval of the multi-family portion
of the Hawthorne PUD. The plat consists of 21 lots that will contain 232 multi-family units in
8 or 12 unit buildings.
City Council approved the preliminary plat of the Hawthorne PUD on June 1, 1993. The
Developer's Agreement and Second Reading of the rezoning ordinance was completed July 20,
1993.
JJ:ssa
cc: Ryan Gideon, Centex Corporation
Dwight Jelle, Westwood Professional Services, Inc.
Item No. j Jr
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
HAWTHORNE CARRIAGE HOMES
WHEREAS, the plat of Hawthorne Carriage Homes 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 Hawthorne Carriage Homes is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated September 1, 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 September 6, 1994.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
2 Item No. J.
DATE: Sept. 6, 1994
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO:
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Fairfield South 3rd Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of Fairfield
South 3rd Addition subject to the following conditions:
1. Receipt of engineering fee in the amount of$250.00
2. Receipt of street lighting fee in the amount of$642.00
Overview:
This proposal consists of replatting Outlot C of Fairfield South into four single family lots
consistent with the preliminary plat.
The preliminary plat was approved by the City Council October 20, 1992. Approval of the
Developer's Agreement and Second Reading of the rezoning ordinance was completed April 6,
1993.
All streets and municipal utilities necessary to serve these lots are currently in place and
available for use.
JJ:ssa
cc: Ryan Gideon, Centex Corporation
Dwight Jelle, Westwood Professional Services, Inc.
Item No. / v • k l
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
FAIRFIELD SOUTH 3RD ADDITION
WHEREAS, the plat of Fairfield South 3rd Addition has been submitted in a manner required
for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Fairfield South 3rd Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated September 1, 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 September 6, 1994.
Douglas B. Tenpas, Mayor
AT EST: SEAL
John D. Frane, Clerk
Item No.
DATE: Sept. 6, 1994
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO:j.
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Award Contract for Well Pumphouse Nos. 11 & 12
Rodney W. Rue I.C. No. 94-5356
Recommended
ec ended Action:
Approve resolution 11 12 to
pp aawarding contract for construction of Well Pumphouse Nos. and
Sheehy Construction Company.
Financial Issues:
The low bid was received by Sheehy Construction Company in the amount of$527,000. The
Engineer's estimate for the project was $519,500. We recommend award of Improvement
Contract No. 94-5356 to Sheehy Construction Company in the amount of$527,000.
Item No. J L /
T KDA TOLTZ.KING.DUVALL.ANDERSON
AND ASSOCIATES.INCORPORATED
ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAVPLAZA
444 CEDAR STREET
SAINT PAUL.MINNESOTA55101-2140
PH0NE:612202-4400 FAX1612292.0083
August 29, 1994
Honorable Mayor and City Council
Eden Prairie,Minnesota
Re: Construction of Well Pumphouse No. 11 and No. 12
City Improvement No. 94-5356
Commission No. 10532-01
Dear Mayor and City Council:
Bids received for the above referenced project are shown in the attached Tabulation of Bids. The
following are the three lowest bids received:
Sheehy Construction Company $527,000.00
Municipal Builders $527,100.00
GHT Construction $533,400.00
Engineer's Estimate $519,500.00
We have notified the low bidder, Sheehy Construction that the proposed Variable Frequency
Drive (VFD) may not meet the specifications and that they will need to provide a detailed
submittal on the proposed VFD for review and approval. Sheehy Construction Company has
assured us that they will provide a VFD which meets the specifications.
Requested Action:
It is recommended that City Improvement Contract No. 94-5356 for construction of Well
Pumphouse No. 11 and Well Pumphouse No. 12 be awarded to Sheehy Construction Company,
Inc. in the amount of$527,000.00.
Sincerely,
Verne E. cobsen, P.E.
VEJ/mha
Enclosure
•
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. 94-5356 - Well Pumphouse Nos. 11 & 12
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
Sheehy Construction Company
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 Sheehy Construction Company in the name of the City of Eden Prairie in the
amount of$527,000.00 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 on September 6, 1994.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
Item No. 3
DATE: Sept. 6, 1994
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: f4
SECTION: Consent Calendar L-
DEPARTMENT: ITEM DESCRIPTION: I.C. No. 94-5357
Engineering Division Award Contract for Watermain and Well Collector Lines in Mitchell Road
Rodney W. Rue and Technology Drive
Recommended Action:
Approve resolution awarding contract for construction of watermain and well collector lines in
Mitchell Road and Technology Drive to Brown and Cris, Inc.
Financial Issues:
The low bid was received by Brown and Cris, Inc. in the amount of $751,439.60. The
Engineer's estimate for the project was $925,688. We recommend award of Improvement
Contract No. 94-5357 to Brown and Cris, Inc. in the amount of$751,439.60.
Item No. 4,
T ICDA TOLTZ.KING. INCORPORATED
.ANDERSON
AND ASSOCIATES.IN
1500 PIPER JAFFRAY PLAZA
ENGINEERS•ARCHITECTS• PLANNERS 444CEDARSTREET
SAINT PAUL.MINNESOTA55101-2140
PH0NE:612292-4400 FAX:6121202-0083
August 29, 1994
Honorable Mayor and City Council
Eden Prairie,Minnesota
Re: Construction of Watennain and Well Collector Lines
in Mitchell Road and Technology Drive
City Improvement No. 94-5357
Commission No. 10396-09
Dear Mayor and City Council:
Bids received for the above referenced project are shown in the attached Tabulation of Bids. The
following are the three lowest bids received:
Brown and Cris,Inc. $751,439.60
S.M. Hentges $871,514.50
Ryan Construction $893,016.50
Engineer's Estimate $925,688.00
Requested Action:
It is recommended that City Improvement Contract No. 94-5357 for the Construction of
Watermain and Well Collector Lines in Mitchell Road and Technology Drive be awarded to the
low bidder,Brown and Cris,Inc. in the amount of$751,439.60.
Sincerely,
Verne E.lacobsen, P.E.
VEJ/mha
Enclosure
, .04z
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. 94-5357 - Construction of Watermain and Well Collector Lines in Mitchell
Road and Technology Drive
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
Brown and Cris, Inc.
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 Brown and Cris, Inc. in the name of the City of Eden Prairie in the amount of
$751,439.60 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 on September 6, 1994.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
Item No. Tr , M1,3
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/6/94
SECTION: Consent Calendar ITEM NO. N. N
DEPARTMENT: ITEM DESCRIPTION: Resolution Regarding Limited Use Permit
PRNR Approval
Stuart A. Fox ?i"\- -
•
The City budgeted $10,000 in the current year to construct an asphalt trail from Highway 5 north to
an existing trail that encompasses most of Mitchell Marsh. The current trail users dead end
approximately 850 feet from TH 5. The City has requested permission from the Minnesota Department
of Transportation to construct a trail over this portion of their right-of-way. (map attached)
RECOMMENDATION:
The City has received a limited use permit to construct, maintain and operate a trail over this right-of-
way; however, a formal resolution must be adopted to finalize this process. The staff recommends the
City Council approve the attached Resolution to Approve Limited Use Permit.
SAF:mdd
Attachment: Resolution to Approve Limited Use Permit
Use Permit/Stuart
1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION TO APPROVE LIMITED USE PERMIT
WHEREAS, the City desires to construct approximately 1,000 feet of bituminous trail
along the southeastern corner of Mitchell Marsh, and
WHEREAS, the trail proposed to be constructed will connect the existing trail from The
Ridge development to the existing trail along TH 5, and
WHEREAS, the proposed trail is to be constructed within the TH 5 right-of-way, and
WHEREAS, the Minnesota Department of Transportation has granted the City of Eden
Prairie a Limited Use Permit which must be approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Eden Prairie,
Minnesota that the Limited Use Permit granted by the Minnesota Department of Transportation
to the City of Eden Prairie for the construction, maintenance and operation of the trail between
TH 5 and The Ridge is hereby approved.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of September
1994.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk SEAL
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AMENDMENT 1 TO
EASEMENT AGREEMENT
This Amendment 1 To Easement Agreement is made as of the 31st
day of August, 1994, by and among City of Eden Prairie, a municipal
corporation under the laws of the State of Minnesota ( "City" ) ,
BREMCO EDEN PRAIRIE LIMITED PARTNERSHIP, a limited partnership
under the laws of the State of Minnesota ( "BREMCO" ) , and Leiserv,
Inc. , a corporation under the laws of the State of Delaware
( "Leiserv" ) .
RECITALS:
A. City is the owner of Lot 2, Block 1, Eden Prairie
Marketcenter 2nd Addition and Lot 4, Block 1, Eden
Prairie Marketcenter.
B. BREMCO is the owner of Lot 1, Block 1, Eden Prairie
Marketcenter 2nd Addition.
C . Leisery is the owner of Lot 2, Block 1, Eden Prairie
Marketcenter.
D. The parties as owners of the lots described above hold
interests in, and are beneficiaries of, certain easements
granted and created by that certain easement agreement
made as of the 13th day of October, 1993, by and between
City and BREMCO, filed and recorded in the office of
Hennepin County Registrar of Titles, Doc. No. 2432486
( "Easement Agreement" ) .
E. The parties desire to amend the Easement Agreement by
amending the description of the Easement Area contained
in Exhibit A-1 .
NOW THEREFORE, the parties agree as follows :
1 . The Easement Agreement is amended by deleting Exhibit A-1
to the Easement Agreement and substituting in its place
and stead Exhibit A-1-a, attached hereto and made a part
hereof, which together with Exhibit A-2 of the Easement
Agreement, henceforth shall constitute the entire
Easement Area.
Z0 -d £T L06Z8Z T 9 NOSN3O3210 A1ndd 9Nti-1 L0: 0 T flH1 176-T -d3S
2 . The easements and rights granted and created pursuant to
the Easement Agreement as to that part of the Easement
Area described in Exhibit A-1 to the Easement Agreement
are hereby vacated, extinguished and terminated and all
of the easements and rights granted and created with
respect to that part of the Easement Area described in
Exhibit A-1 to the Easement Agreement are hereby granted
and created as to that part of the Easement Area now
described in Exhibit A-1-a, it being the intention of the
parties to remove the burdens imposed by the Easement
Agreement upon that part of the Easement Area described
in Exhibit A-1 to the Easement Agreement which is not
included in the Easement Area now described in
Exhibit A-1-a .
Dated: August 1994 CITY OF EDEN PRAIRIE
By
Douglas B. Tenpas
Its Mayor
By
Carl J. Jullie
Its City Manager
Taxpayer I .D. #: 41-0855460
Dated: August 1994 BREMCO EDEN PRAIRIE LIMITED
PARTNERSHIP
BY BREMCO, INC .
ITS GENERAL PARTNER
By -
Todd L. Bachman
Its President
By
Lee W. Bachman
Its Treasurer
£0 'd £T L06Z8Z T 9 NOSd3O3d0 A'lfltid ONti1 80: 0 T mil b6-T -d3S
Dated: August , 1994 LEISERV, INC.
By
• By•
State of Minnesota)
ss .
County of Hennepin)
This instrument was acknowledged before me on the day of
, 1994 by Douglas B. Tenpas and Carl J. Jullie, the
Mayor and City Manager, respectively, of the City of Eden Prairie.
Notary Public
State of Minnesota)
ss .
County of Hennepin)
This instrument was acknowledged before me on the day of
1994 by Todd L. Bachman and Lee W. Bachman,
President and Treasurer, respectively, of BREMCO, Inc. , a Minnesota
corporation, as general partner of BREMCO EDEN PRAIRIE LIMITED
PARTNERSHIP.
Notary Public
-3-
b0 'd £1L06Z8Z19 NOSN3O3210 Alntid ONO1 80: 0T flHl 176-T -d3S
State of Illinois)
ss .
County of Lake )
This instrument was acknowledged before me on the day of
, 1994 by , the
of Leiserv, Inc . , a Delaware_corporation.
Notary Public
•
This document was drafted byt
Roger A. Pauly
Lang, Pauly & Gregerson, Ltd.
250 Prairie Center Drive
Suite 370
Eden Prairie, MN 55344
C=\wp51\ray\ep\centrum\amendeae.apr
-4-
S0 'd £T LO6Z8Z T 9 NOSN3O38D A111tld ONH1 80: 0 T mil 176—T —d3S
EXHIBIT A-1-a
EASEMENT AREA
An easement over, under and across that part of Lot 1, Block 1, Eden Prairie Marketcenter 2nd
Addition, according to the recorded plat thereof, Hennepin County, Minnesota, described as
follows:
Beginning at the southeasterly corner of said Lot 1; thence North 19 degrees 11 minutes 29
seconds West (assumed bearing) along the easterly line of said Lot 1 a distance of 192.00 feet;
thence South 5 degrees 54 minutes 54 seconds East a distance of 91.44 feet; thence South 19
degrees 11 minutes 29 seconds East a distance of 85.00 feet; thence South 7 degrees 22 minutes
25 seconds West a distance of 20.12 feet, more or less, to the southerly line of said Lot 1; thence
northeasterly along said southerly line to the point of beginning,
together with,
An easement over, under and across that part of Lot 2, Block 1, Eden Prairie Marketcenter 2nd
Addition, according to the recorded plat thereof, Hennepin County, Minnesota, described as
follows:
Beginning at the southwesterly corner of said Lot 2; thence North 19 degrees I1 minutes 29
seconds West (assumed bearing) along the westerly line of said Lot 2 a distance of 192.00 feet;
thence North 70 degrees 48 minutes 31 seconds East a distance of 31.00 feet; thence South 10
degrees 50 minutes 26 seconds East a distance of 110.17 feet; thence South 19 degrees 11
minutes 29 seconds East a distance of 65.00 feet; thence South 45 degrees 45 minutes 23 seconds
East a distance of 20.12 feet, more or less, to the southerly line of said Lot 2; thence
southwesterly along said southerly line to the point of beginning.
C:\wpSl\rep\ep\centrum\exhA-1-a
90 'd £T L06Z8Z T 9 NOSd303d_J Alntod 9Nti 1 60: 0 T nH1 176—T —d3S
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/6/94
SECTION: PUBLIC HEARINGS
ITEM NO. V; A .
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger LAKESIDE
Michael D. Franzen
Requested Council Action:
The City Council is requested to take action on the following:
Continue the item to the Council's September 20, 1994 meeting.
Supporting Reports:
Letter from Donald R. Peterson, K-P Properties, Inc.
09-01-1994 13:06 476 5333 EDINA REALTY WAYZATA P.02
Zm VA
K-P PROPERTIES, INC.
12435 42 nd Ave. North
PLYMOUTH. MN. 55441
September 1, 1994
Mayor and City Council
City of Eden Prairie .
880 Mitchell Road
Eden Prairie, MN. 55344
Dear Mayor and City Council:
K-P Properties, Inc. hereby requests a continuance of the application
for approval of the preliminary plat for Lakeside from your council
meeting on September 6, 1994 to your council meeting on September 20.
1994.
The reason for this continuance is to allow the Board of Adjustments to
meet prior to your meeting and to allow the Planning Commission to con-
sider the clarification on conservancy tone and building setback.
Sincerely: erm0401,
Donald R. eterson, President
K-P Properties, Inc.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-6-94
SECTION: PUBLIC HEARINGS
ITEM NO. I. 6
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger BUCA RESTAURANT
Don Uram
Requested Council Action:
The City Council is requested to take action on the following:
Continue the item to the Council's September 20, 1994 meeting.
Supporting Reports:
Memo from Pete Mihajlov
AUG 31 '94 01:48PM PARASOLE REST HLDGS P.1
I �
PAR A SOLE
•
Inter-Company
Correspondence
TO: Don Uram •
Commercial Development
City Of Eden Prairie
FROM: Pete Mihajlov
DATE: August 31, 1994
SUBJECT: Status Of Buca (Eden Prairie) Project
Dear Don, •
This will confirm that we are currently working with the Minnesota Department
Of Transportation to resolve future access and parking problems relating to the
proposed Buca site that are the result of proposed construction plans for
Highway 5 and Mitchell Road.
We request a two week continuance of the scheduled hearing of our proposed plans
by the Eden Prairie City Council.
Thanks again for your help and support on this project.
Regards,
Parasole Restaurant Holdings,Inc.
3001 Hennepin Avenue South,Suite 301A;Minneapolis,Minnesota 55408
612/822-0016 --sE , � - Z
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-6-94
SECTION: PUBLIC HEARINGS
ITEM NO. fit.C
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger EDEN PRAIRIE MALL EXPANSION - PHASE II
Michael D. Franzen
Requested Council Action:
The City Council is requested to take action on the following:
• Approve 1st reading of an Ordinance for Zoning District Amendment in the Commercial
Regional Service Zoning District on 87.13 acres and PUD District Review with waivers for
parking on 87.13 acres;
• Adopt a Resolution for PUD Concept Review;
• Adopt a Resolution for Site Plan Review on 87.13 acres.
The Planning Commission voted unanimously to approve the project at the August 8, 1994 meeting.
The effect of the City Council action would allow the construction of a 116,000 sq. ft. addition to the
Eden Prairie Mall on the east side of the building, just north of Kohl's. It would also grant concept
approval to the future pad for development which could be either retail or restaurant on the Carson Pirie
Scott site. No zoning action is requested for the future development pad and the developer will have
to return through the Planning Commission/City Council for detailed review of any structure prior to
building permit issuance.
PRIMARY ISSUES:
Through the Planned Unit Development District Review, Homart is requesting a PUD waiver to allow
5.2 spaces per 1,000 sq. ft. of parking as compared with the ordinance requirement of 5.5 spaces.
Available literature from the Urban Land Institute, and malls in other communities suggest that a ratio
of 5.0 spaces per 1,000 would be adequate for a Center of this type. Both City Staff and the Planning
Commission support the waiver request.
Supporting Reports:
1. Staff Report dated 8-5-94
2. Planning Commission Minutes of 8-8-94
3. Resolution for PUD Concept Review
aT. C. - I
EDEN PRAIRIE MALL EXPANSION - PHASE II
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF EDEN PRAIRIE MALL EXPANSION - PHASE II
FOR HOMART DEVELOPMENT COMPANY
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and,
WHEREAS, the City Planning Commission did conduct a public hearing on the Eden
Prairie Mall Expansion - Phase II PUD Concept by Homart Development and considered their
request for approval for development (and waivers) and recommended approval of the requests
to the City Council; and,
WHEREAS, the City Council did consider the request on September 6, 1994;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Eden Prairie Mall, being in Hennepin County, Minnesota, legally described as
outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated September 1, 1994.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated August 8, 1994.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of September,
1994.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
Ir.C. - 1
Exhibit A
Eden Prairie Mall Expansion - Phase II
Legal Description
Block One, Eden Prairie Center Addition
..�. - 3
T lahnS WMM; I i C r% i nbL S
.4
B. EDEN PRAIRIE MALL EXPANSION-PHASE II by Homart Development
Company. Request for PUD Concept Review on 80 acres, PUD District
Review with waivers on 80 acres, Zoning District Amendment on 80 acres,
and Site Plan Review on 80 acres.
Bill Moston, representing the Eden Prairie Mall expansion, reviewed his plans
with the Commissioners. He stated they are requesting rezoning and site plan
approval for a 116,000 square foot two-level addition to the mall. He said
they are looking for approval to reduce the parking ratio to 5.0 cars per 1000
square feet. He said the building will be constructed 100% face brick and
glass in compliance with code. He said it will be two separate tenants, one on
top, one on the bottom.
Sandstad asked when they anticipate construction to begin. Moston replied in
the Fall of this year.
Larry Jensen, representing the Eden Prairie Mall expansion, stated that in order
14
to give them ability to lease the interior mall properly they need to incorporate
the retail uses. He said they need to incorporate people into the mall and by
doing so they will greatly enhance their ability to lease the interior shopping
center. If they do not do that, the leasing of the interior on spaces will
continue to decline. He stated that Kohl's is going to significantly enhance
their ability to create a traffic flow. He said they are currently about 25%
vacant.
Franzen stated Staff recommends approval according to recommendations.
Foote asked if this is going to be one big retail store. Moston replied it will
be two retails, one on top and one on the bottom.
Wissner asked what the exterior material is going to be. He said they are
using face brick that will be compatible, maybe mix in a little split face block
to give texture. He said the only place they are having a problem with is in
the entrance because the owner wants special design.
Sandstad said he would like to thank Staff for their suggestion to reduce
parking to industry standards.
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 recommend to
the City Council approval of the request of Homart Development Company for
PUD Concept Review on 87.13 acres based on plans dated August 5, 1994 and
subject to the recommendations of the Staff Report dated August 5, 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 Homart Development Company for
PUD District Review with waivers on 87.13 acres based on plans dated August
5, 1994 and subject to the recommendations of the Staff Report dated August
5, 1994. Motion carried 6-0-0.
MOTION 4: Foote moved, seconded by Clinton to move to recommend to
the City Council approval of the request of Homart Development Company for
Zoning District Amendment on 87.13 acres based on plans dated August 5,
1994 and subject to the recommendations of the Staff Report dated August 5,
1994. Motion carried 6-0-0.
15
.....
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, Senior Planner
DATE: August 5 , 1994
SUBJECT: Eden Prairie Mall Expansion - Phase II
APPLICANT/
FEE OWNER: Homart Development Company
LOCATION: Eden Prairie Mall
REQUEST: 1. PUD Concept Review on 87.13 acres.
2. PUD District Review with waivers for parking on 87.13
li acres.
3. Zoning District Amendment in the Commercial Regional
Zoning District on 87.13 acres.
4. Site Plan Review on 87.13 acres.
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Staff Report
Eden Prairie Mall Expansion - Phase II
August 5, 1994
PLANNED UNIT DEVELOPMENT CONCEPT
The 1973 Eden Prairie Shopping Center PUD was approved for a total of 1,166,683 square feet
of building. Total building constructed including Kohl's is 1,026,427 sq. ft. This means that
a total of 140,256 sq. ft. of expansion is possible under the terms of the original PUD. The
proposed new building expansion is 116,000 sq. ft. and the proposed Carson's future
development pad for a restaurant is 9,000 sq. ft.
The 1973 PUD was approved with a parking ratio at 5.5 spaces per 1,000 based upon the gross
leasable area of the building at 995,000 sq. ft. The parking required based on the new net
leasable area which includes the mall expansion and the Carson's future development pad is
990,630 sq. ft. At 5.5 spaces required per 1,000, total parking needed is 5,448 parking spaces.
Existing parking at the mall is 5,735 parking spaces.
The construction of Kohl's, the 116,000 sq. ft. expansion and the 9,000 sq. ft. building on the
Carson Pirie Scott lot will remove 504 parking spaces. Homart is requesting a waiver through
the Planned Unit Development process to allow parking at a ratio of 5.26 spaces per 1,000 or
a total of 5231 spaces. Parking studies conducted by Urban Land Institute indicate that malls
of this size typically need parking at a ratio of 5 spaces per 1,000. City staff contacted other
communities with large malls (Rosedale, Southdale) and found their parking requirements are 5
spaces per 1,000.
Since the proposed parking ratio is consistent with industry standards, requirements of
surrounding communities, and since City staff has not observed a parking problem even during
peak times at the mall, the request for parking variance seems reasonable.
PUD APPROVAL FOR CARSON'S FUTURE DEVELOPMENT PAD
A specific detailed building design and site plan is not ready for the future development on the
Carson's lot. Homart is asking for concept approval only. Staff's primary concern with the
building is the setback from the interior drive which we feel should be a minimum of 50 feet.
This will provide for better site vision distance along the internal loop road.
This building will require a site plan review and zoning district amendment prior to building
permit issuance. The building will have to be designed meeting all City code requirements,
especially for landscaping, exterior materials and architectural compatibility.
2
"Sr ,C,. - 7
Staff Report
Eden Prairie Mall Expansion - Phase II
August 5, 1994
SITE PLAN APPROVAL FOR 116,000 SQ. FT. BUILDING EXPANSION
Homart is asking for zoning and site plan approval to build a 116,000 sq. ft. two story addition
to the shopping center. The building meets the required front yard setbacks from Prairie Center
Drive, however, a zero lot line setback to the Kohl's lot line is required for the common wall
adjoining Kohl's. Since many of the existing buildings are constructed at a zero lot line setback,
Staff feels this is a reasonable request.
The proposed two-story building will be 38 feet high. The City code maximum is 40 feet. The
building will be constructed of 100% face brick and glass. Prior to City Council review, the
proponent must provide an exterior materials color board. The colors and materials should be
compatible with the mall. The architectural elevations do not depict how mechanical units would
be screened. Staff would suggest the mechanical equipment be screened by a parapet wall as
opposed to individual metal screens. Prior to review by the City Council, the proponent shall
provide a mechanical equipment screening plan.
The amount of landscaping required based upon a 116,000 sq. ft. building is 362 caliper inches.
The existing mall site contains 6,575 caliper inches, more than the caliper inch requirement based
upon the original PUD. No additional landscaping should be required other than replacement
of existing trees that are cut down due to the mall expansion and to provide additional planting
islands in the parking lot.
GRADING
Minimal site grading will occur to accommodate the proposed pad. There are some existing trees
on site which would be lost due to construction for which replacement on a tree by tree basis is
required.
STORM WATER RUNOFF
All storm water runoff drains towards the south into Neill Lake which is a storm water pond
designed for the entire shopping center.
FIRE CODE REQUIREMENTS
The attached memo from Allen Nelson recommends safety improvements for the Eden Prairie
Mall.
3
g
Staff Report
Eden Prairie Mall Expansion - Phase II
August 5, 1994
UTILITIES
Sewer and water service is available on site.
STAFF RECOMMENDATIONS
The Staff would recommend approval of the PUD, Zoning Amendment and Site Plan Review
of 87.13 acres based on plans dated August 5, 1994, and subject to recommendations in the Staff
Report dated August 5, 1994 and subject to following conditions:
1. Prior to City Council review, the proponent shall:
a. Submit an exterior materials board for review.
b. Submit a mechanical equipment screening plan for review.
2. Prior to building permit issuance:
a. Submit exterior material samples and a final landscape for review.
b. Meet with the Fire Marshal to go over fire code requirements.
3. PUD District Review are granted for:
a. Zero lot line setback to parking.
b. Parking from 5.5 to 5.0 spaces/1,000 sq. ft. of building.
4. PUD Concept approval is granted for the 9,000 sq. ft. pad only. Site plan and
zoning review with the Planning Commission and City Council is required before
building permit issuance.
4
� . C. - 9
MEMORANDUM
TO: Mike Franzen, Senior Planner
FROM: Allen Nelson, Fire Marshal
DATE: July 26, 1994
SUBJECT: Recommended Safety Improvements for Eden Prairie Mall
The recent planned expansions of the Eden Prairie Center raises
concern regarding Fire code compliance for the existing mall .
When the Eden Prairie Center was originally constructed, the Fire
code dealt very little with mall buildings . Since then, as a
result of our experiences with fires in mall buildings, there has
been substantial changes to the requirements for protection in
malls . To comply with all new provisions would require rebuilding
the mall . There are several changes to meet new codes which will
provide better safety for mall tenants and Eden Prairie
residents . The Fire Prevention bureau would like to work the mall
owners, a list of corrections and a timetable for completion.
This should be done as part of the agreement to allow the Eden
Prairie Mall Phase II expansion.
Upgrading of the mall is required because of the inability to
provide the separations required of most expansion projects .
Normally, an area separation wall is constructed between the new
and the old. Then the new area is built to meet the current code
and is unaffected by problems in the existing area because of the
separation. Because this is not possible with a mall building, it
is necessary to upgrade the existing safety systems.
Following are current Code Requirements for Malls :
1 . Sprinkler protection - independent systems for mall and
tenants, full protection is provided for existing mall
but with a combined system.
2 . Type of Construction - must be min. Type II 1-hr
existing mall does not fully meet - very difficult to
correct .
3 . Stand pipes required - existing mall has standpipes .
4 . Smoke control system - existing mall does not have
complying system.
5 . Tenant separation - OK
6 . Public address system - existing mall has but, does not
fully comply with new code .
7 . Standby power - unknown if current system meets code.
The Fire Prevention Bureau recommends upgrading the following:
1 . Smoke control system
2 . Public address system
3 . Standby power
.3Z",C, - 10
LJ
ru
Homart
Corporate Office
55 W.Monroe,Suite 3100
Chicago,Illinois 60603 5060
(312)551-5000
July 25, 1994
EDEN PRAIRIE CITY COUNCIL
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Dear Council Members:
Homart Development Co. is requesting approval of Phase II of the Eden Prairie Mall expansion.
The second phase of the mall expansion will consist of the following five items:
1. A two-level building of approximately 116,000 square feet located adjacent to the north
side of Kohl's building.
2. Relocation of the berm on the east side of the mall to enlarge the existing upper level
parking lot.
3. A reduction in the mall parking ratio from 5.5 cars per 1,000 square feet of mall space to
the current industry standard of 5.0 cars per 1,000 square feet of mall space.
4. Approval of the concept of placing new pylon signs at the perimeter of the property. Final
design and location approval will be requested when the new mall tenants have been
identified.
5. Approval of the concept of selling or leasing a parcel of land to a peripheral tenant on the
Carson's parcel inside and adjacent to the ring road on the north side of the mall. Final
design approval will be requested when a tenant has been secured.
We anticipate leasing the new mall space to one or two "big box" tenants on each level. "Big
box" tenants can be described as large category dominate stores ranging from 25,000 square feet
to 75,000 square feet.
The new mall GLA will eliminate a number of existing parking spaces, reducing the ratio of
parking spaces provided per mall square foot below the required ratio of 5.5 cars per 1,000
square foot of mall space. Therefore, we are requesting a reduction of the required parking ratio
to the current industry standard of 5.0 cars per 1,000 square foot of mall space.
William B.Moston
Development Manager
Regional Mall Development
�'+ I 312/551-5058
-Sr
• . T 1 I
City Council
July 25, 1994
Page Two
We expect to begin construction of Phase II in the fall of 1994 or in the spring of 1995 with an
anticipated opening in October or November 1995.
Homart appreciates the City Council's efforts and we look forward to beginning construction of
this new phase in the Eden Prairie Mall expansion.
Sincerely,
William B. Moston
Development Manager
Enclosure
cc: D. Yetke
J. O'Donohue
J. Lewis
WBM:11m
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-6-94
SECTION: PUBLIC HEARINGS
ITEM NO.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger EDEN PRAIRIE METRO MINI-STORAGE
Don Uram
Requested Council Action:
The City Council is requested to take action on the following:
• Approve 1st Reading of an Ordinance for Zoning District Amendment in the I-2 Park District
on 4.1 acres;
• Adopt a Resolution for Site Plan Review on 4.1 acres
The Planning Commission held a public hearing and voted unanimously to approve the project at the
August 22, 1994 meeting.
The effect of the City Council action would allow the construction of 2 buildings with a combined
32,126 square feet of storage space. The existing building will be remodeled for 41,632 square feet
of storage space and 4,791 square feet of office space. Eden Prairie Metro Mini-Storage will have
approximately 500 storage units.
PRIMARY ISSUE:
At the public hearing, the adjacent landowner to the south raised a concern about the drainage plan and
the stormwater run-off from this site to his property. The City Engineering staff is addressing this
concern as described in the attached memo.
Eden Prairie Metro Mini-Storage is applying to the Board of Adjustments and Appeals for variances
for the sideyard setback, the front yard parking setback, usage of the loading dock, and the construction
of an 8 foot perimeter fence. All of the variances except the fence are from existing conditions.
Supporting Reports:
1. Staff Report dated August 19, 1994
2. Planning Commission Minutes of August 22, 1994
3. Resolution for Site Plan Review
3r. ' 1
STAFF REPORT
TO: Planning Commission
THROUGH: Michael D. Franzen, Senior Planner
FROM: Eric Schneider, Intern
DATE: August 19, 1994
SUBJECT: Eden Prairie Metro Mini-Storage
APPLICANT/
FEE OWNER: Property Resources Corporation
LOCATION: 6851 Flying Cloud Drive
REQUEST: 1. Zoning District Amendment in the I-2 Park District on 4.1
acres.
2. Site Plan Review in the I-2 Park District on 4.1 acres.
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Eden Prairie Metro Mini-Storage
August 19, 1994
BACKGROUND
The Comprehensive Guide Plan denotes this site and the surrounding properties for industrial
uses. The property to the north is an industrial park with various tenants. The property to the
south is occupied by Vesseo Inc., and Quality Flow Systems. To the east is another industrial
park. All these properties are zoned I-2 Park. Warehousing and distribution are permitted uses
in the I-2 Park Zoning District.
Property Resources Corporation is currently renovating the existing building as Eden Prairie
Metro Mini-Storage. Since the property is zoned industrial and the existing building is not being
enlarged, the developer is allowed to alter the existing building without a site plan review. A
building permit has been issued for the renovation of the existing building. This request includes
the renovation of the existing building, plus 3 proposed storage buildings.
SITE PLAN
The site is 4.14 acres (180,278 sq. ft.). The existing building is 41,632 sq. ft. of storage space
and 4,791 square feet of office space. Property Resources Corporation is proposing to add 2
buildings with a combined 32,126 sq. ft. of storage space. The existing garage on the site will
be removed.
The total square footage is 78,549. The proposed floor area ratio (F.A.R.) is .436 which is
below the maximum allowable F.A.R. of .50. The proposed base area ratio (B.A.R.) is .282
which is below the maximum allowable B.A.R. of .30.
The existing building does not meet the sideyard minimum setback of 20 feet. The zoning
requirement for the sideyard setback is a minimum of 20 feet on one side and 40 feet total on
both sides. The south side of the building is 19 feet and the north side of proposed Building A
is 23 feet from the property line. The proponent has applied to the Board of Appeals and
Adjustments for a sideyard setback variance. The Board may wish to consider the existing
location of the building and that the total sideyard setback of 42 feet meets the minimum
requirements. The building meets the frontyard setback requirement of 50 feet and the rearyard
setback requirement of 25 feet.
With 4,791 sq. ft. of office space and 73,758 sq. ft. of warehouse/storage space, the City code
requires 61 parking stalls. The plans show 19 parking spaces. According to the proponent (see
"Self-service Storage Operational Facts" in the proponent's narrative), there will be a maximum
of two employees on the site. The proponent's Bloomington facility averages 3.5 to 4.5 cars per
house with an average length of stay of 27 minutes. The Eden Prairie facility will have 509
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Staff Report
Eden Prairie Metro Mini-Storage
August 19, 1994
units which is less than the Bloomington facility (587 units). Storage space users traditionally
drive up to their storage area to load and unload. On other mini storage sites in Eden Prairie
and the City has required parking for the employees only.
The existing building has 14 parking spaces in the front of the building. The parking lot is
setback at 41 feet from the property line. The City code requires that the front yard parking lot
be set back at the same distance as the building or 50 feet. The proponent has applied to the
Board of Appeals and Adjustments for a front yard setback variance. The Board may wish to
consider the existing condition of the parking and the use of the trees and berm to lessen the
visual impact of the front yard parking lot.
GRADING/DRAINAGE
The grading of the property will be designed to direct water to a NURP pond. Staff
recommends that storm sewer pipes and catch basins be installed instead of the trench drain. A
revised storm drainage plan will need to be submitted to the City Engineer.
Two 6-foot high timber retaining walls are proposed. Staff recommends concrete retaining walls.
Prior to the building permit issuance, the proponent will have to submit detailed plans for the
retaining walls.
UTILITIES
Sewer and water already service the site.
LIGHTING
Building-mounted wall packs will light the building areas. The wall packs must be shielded to
direct light downward, according to the City code.
LANDSCAPING
This project requires 100 caliper inches to be planted on the site. The proponent has submitted
a landscape plan with 92 caliper inches.
The construction of the NURP will remove significant cottonwood trees. The proponent has not
submitted a tree inventory. Staff recommends that a revised landscape plan be submitted with
8 additional caliper inches. The plan must identify which trees will be saved and removed and
tree replacement added according to City code. Staff also recommends that the landscape plan
3
Staff Report
Eden Prairie Metro Mini-Storage
August 19, 1994
reflect the following distribution of caliper inches: 60 percent of 2.5 inches, 10 percent each of
3, 3.5, 4, and 4.5 caliper inch trees per City code.
ARCHITECTURE
The new buildings will use double-scored masonry block with integral color which meets City
code. The existing building and Building A are two-story buildings with the remaining buildings
at one-story. Since the site is at a lower elevation than Flying Cloud Drive, the top of the
existing building will be 14 feet higher than the road's grade mechanical units will be visible.
All existing and proposed mechanical equipment must be screened according to City code.
LOADING DOCK
At the front of the building facing Flying Cloud Drive is a loading dock. The proponent would
like to continue using the loading dock. The City code prohibits loading docks in the front of
a building. The proponent is applying to the Board of Appeals and Adjustments for a variance
in order to use the dock. The Board may wish to consider that this is an existing condition and
that the improved landscaping will help to screen the existing loading dock.
FENCES
The perimeter of the property will be bordered by an 8 foot wrought iron fence facing Flying
Cloud Drive and an 8 foot chain link fence around the surrounding sides. The wrought iron
fence will be connected by 10' - 8" double scored concrete piers of integral color type. The
proponent has applied to the Board of Appeals and Adjustments for a variance to build an 8 foot
fence. The City code allows 6 foot fences. Staff recommends that the proponent explore
perimeter security options which use a 6 foot fence. Minnesota Mini-storage has a 6 foot chain
link fence with 3 rows of barbed wire above the fence. Prairie Green Storage uses a 6 foot
wood fence. The Board of Adjustments and Appeals has only granted fence height variances for
screening of exterior storage.
SIGNS
Eden Prairie Metro Mini-Storage will have a 80 square foot free-standing monument sign facing
Flying Cloud Drive. The sign will be attached to double-scored masonry block piers and will
be uplighted. This sign meets the City code requirements.
4
X-. Q, - S
Staff Report
Eden Prairie Metro Mini-Storage
August 19, 1994
SUMMARY
Although there are several variances with the proposal, consideration should be given to the fact
that the site sits in an old industrial park and any improvement of the site is a benefit to the City.
With the exception of the fence, all of the variances are based on existing conditions.
Landscaping enhances the visual appearance of the property and the NURP pond improves water
quality.
RECOMMENDATIONS
Staff would recommend approval of the Zoning District Amendment and Site Plan Review in the
I-2 Park District on 4.1 acres for the construction of 2 additional mini-storage buildings based
on plans dated August 3, 1994, subject to the conditions in the Staff Report dated August 22,
1994 subject to the following conditions:
1. Prior to City Council review, the proponent shall:
A. Revise the grading plan to include underground drainage pipes and catch
basins to prevent stormwater runoff from entering the wetland.
B. Revise the landscape plan to show 8 caliper inches to be planted on the
site.
C. Submit a tree inventory and tree replacement plan.
2. Prior to building permit issuance, the proponent shall:
A. Apply and receive variances for the front yard and side yard setbacks, the
front yard loading dock, and the 8 foot fences from the Board of Appeals
and Adjustments.
B. Submit detailed storm water runoff utility and erosion control plans for
review by the Watershed District.
C. Submit detailed storm water runoff utility and erosion control plans for
review by the City Engineer.
D. Submit detailed plans for review by the City Engineer regarding the
construction and placement of the retaining walls.
E. Submit detailed plans for review by the Fire Marshal for the interior
sprinkler system of the buildings.
5
- MEMORANDUM -
TO: Mayor Tenpas and City Councilmembers
THROUGH: Alan Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technician
DATE: September 1, 1994
SUBJECT: Eden Prairie Metro Mini-Storage Drainage
The proposed Eden Prairie Metro Mini-Storage consists of the redevelopment of an existing 4.14
acre industrial property, one existing building and large parking areas into a mini-storage site
utilizing the existing building and the construction of three additional buildings over existing hard-
surfaced parking areas, regrading areas and the construction of a NURP pond for pre-treatment
of storm water runoff.
Mr. John Weedum, the owner of the VESCO building to the south and adjoining the Metro Mini-
Storage site, expressed his concern over the existing drainage conditions over both properties as
well as the proposed plan for drainage at the Planning Commission meeting held august 22, 1994.
Historically the drainage within this area has been somewhat poor and undefined with drainage
generally moving from north to south across the two properties with occasional pooling in low
lying areas. The drainage continues moving south across the Lee Data Property where it is
picked up with a storm sewer pipe where it is routed through a series of pipes and ponds and
eventually discharges into Nine Mile Creek.
The mini-storage plan shows the construction of a NURP pond to collect and treat the storm
water runoff with a discharge at the south property line where drainage has historically gone.
The proposed mini-storage does not effectively increase impervious area or the rate of storm
water runoff.
Mr. Weedum desires to define a drainage way across the mini-storage site and his property. Staff
has scheduled a meeting with Mr. Weidum to address his concerns and effect a solution.
JJ:ssa
CITY OF EDEN PRAIRIE
Engineering Division,Department of Public Works 3r. tD, — 7
City of Eden Prairie
City Offices Peden
8080 Mitchell Road • Eden Prairie, MN 55344-4485 pram
Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390
August 8, 1994
Mr. Michael J. Seeland
Property Resources Corporation
706 Second Avenue South, Suite 1200
Minneapolis, MN 55402
SUBJECT: Building Permit Issuance for Eden Prairie Metro Mini Storage
Dear Mr. Seeland:
The Community Development Department has reviewed your building plans for the
improvements to the existing building located at 6851 Flying Cloud Drive.
The property is currently zoned I-2 which allows the use of the property for a mini-storage
business. However, it is important for you to understand that the issuance of a building permit
for the existing building is in no way tied to your current proposal to expand the site for
additional mini-storage buildings. That proposal has not yet been reviewed by the Planning
Commission, or approved by the City Council.
Therefore, any improvements to the existing building are being taken at your own risk, knowing
that the outcome of the review for the remainder of the proposal has not yet been determined.
Should you have any questions, please give me a call at 949-8489.
Sincer ly,;�—
Scott A. Kipp
Zoning Administrator
cc: Don Uram
Mike Fabini
file
m:\seeland
Recycled Paper
Iti
�nn STATE OF
DEPARTMENT OF NATURAL RESOURCES
PHONe No. METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106FILE No.
772-7910
July 25, 1994
Mr. Mike Franzen, Senior Planner
City of Eden Prairie
Community Development Department
8080 Mitchell Road
Eden Prairie, MN 55344
RE: EDEN PRAIRIE METRO MINI-STORAGE, CITY OF EDEN PRAIRIE,
HENNEPIN COUNTY
Dear Mr. Franzen:
We have reviewed the site plans (received July 14, 1994) for the
above-referenced project (Section SE1/4 SW1/4 Section 1, T116N,
R22W) and have the following comments to offer:
1. The project site does not contain, or appear to directly
impact, any Public Waters or Public Waters Wetlands;
therefore, no DNR permit is required.
However, it appears there are wetlands on the site that are
not under DNR Public Waters Permit jurisdiction. You should
be aware that the project may be subject to federal and local
wetland regulations. The Department may provide additional
comments on your project through our review of applications
submitted under these other regulatory programs.
2 . The site does not appear to be within a floodplain or
shoreland district.
3 . It appears that most of the stormwater is routed through
settling basins, which is good. We would object to having the
stormwater routed directly to a lake, stream, or wetland.
4. The following comments are general and apply to all proposed
developments:
a. Appropriate erosion control measures should be taken
during the construction period. The Minnesota
Construction Site Erosion and Sediment Control Planning
Handbook (Board of Water & Soil Resources and Association
of Metropolitan Soil and Water Conservation Districts)
guidelines, or their equivalent, should be followed.
b. If construction involves dewatering in excess of 10,000
gallons per day or 1 million gallons per year, the
contractor will need to obtain a DNR appropriations
permit. You are advised that it typically takes
approximately 60 days to process the permit application.
AN EQUAL OPPORTUNITY EMPLOYER 177i )," 9
Mr. Mike Franzen
July 25, 1994
Page 2
c. If construction activities disturb more than five acres
of land, the contractor must apply for a stormwater
permit from the Minnesota Pollution Control Agency (Scott
Thompson @ 296-7203) .
d. The comments in this letter address DNR - Division of
Waters jurisdictional matters and concerns. These
comments should not be construed as DNR support or lack
thereof for a particular project.
Thank you for the opportunity to comment. Please contact me at
772-7910 should you have any questions regarding these comments.
Sincerely,,
(/Joe Richter
Hydrologist
c: Riley-Purgatory-Bluff Creek WSD, Bob Obermeyer
U.S. Army Corps of Engineers, Joe Yanta
L . O . -` IO
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/6/94
SECTION: Public Hearings
ITEM NO. I• E
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger REVISED NOISE ORDINANCE
Steve Durham
Requested Council Action:
The Staff recommends that the Council take the following action:
• 1st Reading of an Ordinance revising the noise ordinance.
Background - Planning Commission Action:
The current noise ordinance related to land use was established in 1969 with the adoption of Ordinance
#135. The code currently measures noise through Octave Band frequency. This is an obsolete forum
to measure noise. Therefore, the City does not have a code which is enforceable nor can the City staff
utilize assistance from the Minnesota Pollution Control agency or private agencies to assist in enforcing
a violation of noise within the City.
The Planning Commission recommended 4-1 the revised noise ordinance to the City Council.
Supporting Information:
1. Memorandum to City Council dated August 25, 1994
2. Letter dated August 1, 1994 from Lang, Paul & Gregerson regarding noise from Flying Cloud
Airport.
3. Copy of proposed noise ordinance.
m:\barb\stevc\fmnoiae.ord
at, v t ~ 1
MEMORANDUM
TO: Mayor and City Council
FROM: Steve Durham, Assistant Planner
THROUGH: Chris Enger, Director of Planning
DATE: August 25, 1994
SUBJECT: Revised Noise Ordinance
REQUEST - The City Council to approve 1st reading of attached revised noise ordinance.
PREVIOUS REVIEWS - The Building Department, Engineering Department and Parks,
Recreation and Natural Resources Department reviewed the preliminary draft and made
comments. Ric Rosow of the City Attorney's office has reviewed the ordinance. The Planning
Commission at its August 8, 1994 meeting reviewed and recommended the ordinance go to the
City Council for first reading.
CURRENT NOISE ORDINANCES - City Code Chapter 11, Subdivision 4 entitled
"Performance Standards" currently addresses noise related to property use; that is; noise
generated from a source on a property such as a noisy exhaust system, noise related to loading
docks, or noise associated with an operation which creates noise. Noise associated with parties
is addressed in Chapter 9 under "Public Offenses and Crimes".
PROBLEM - The noise ordinance in Chapter 11 has been outdated based on the way noise is
measured. The current code measures noise through Octave Band Frequency which is an
outdated way of measuring noise. The Minnesota Pollution Control Agency (MPCA) and
private companies now measure noise in decibels otherwise known as dBA. Two problems arise
with differing measuring methods:
1. No comparison exists between Octave Bank Frequency and dBA. Data cannot
easily be transferred, therefore, the old expression of "apples are not compared
to apples" applies.
2. The MPCA and private testing agencies do not measure in Octaves.
3. The City does not have any resources to help enforce the current noise code.
REVISED NOISE ORDINANCE - In the past six months, staff has worked with the MPCA
to create a noise code which will be meaningful, measurable, and enforceable.
Models from the MPCA were sent to staff and the proposed noise ordinance attached was
developed. The noise code is modeled after Bloomington's and St. Louis Park's noise codes
which have been in existence for 20 years and have national recognition. Highlights of the code
include:
Noise memorandum dated August 25, 1994.
1. Movement of the noise code from Chapter 11 (Zoning) to Chapter 9 (Public
Protection, Crimes, and Offenses). The purpose of this move is to: a) Prevent
any "Grand Fathering" clauses which would occur if included in Chapter 11, b)
Place all noise related code concerns in one location in the City Code for easy
reference to all City Personnel.
2. Measurement of noise to a dBA standard. The City will now be able to enlist the
MPCA or private agency for measuring noise concerns. The City staff will have
basic equipment to determine if a noise problem exists. If an initial problem is
identified then the City staff may enlist the services of the MPCA or private
testing agency with more sophisticated equipment and staff expertise to deal with
the noise concern. Enforcement at that time may also entail MPCA standards.
3. An expansion of terms and definitions will enable the City to regulate noise
concerns related to loading dock area, exhaust systems, or paging systems.
4. Exemptions from the noise code include noise associated with emergency work
or government sponsored activities such as fireworks or concerts in parks.
Parades have always been exempt from the noise code.
5. Sources of noise related to domestic power equipment is included with liberal
hours of operation.
6. Administration clause will allow the City Manager to request noise impact
statements and require all cost associated with noise testing to be assessed to the
person or person who owns the land where the noise is emitted.
FLYING CLOUD AIRPORT NOISE - The Flying Cloud Airport is under the Federal Noise
Pollution Control regulations for airport noise. The day-time dBA is 65 and the night-time dBA
is 55. These dBA levels are the same or more restrictive than the proposed noise ordinance.
The enforcement of noise violations related to the airport are handled through the Metropolitan
Airport Commission (MAC). Adoption of this noise ordinance will not change how noise
complaints at the airport are handled. Currently, if a resident complains of aircraft noise, the
call is referred to MAC. In conversation with a representative of the MPCA (Noise Division)
Flying Cloud Airport is not subject to state or local use regulation based on the Federal Interstate
Commerce Act. The City Attorney's office confers that MAC is exempt from local zoning
ordinances.
CONCLUSION - The noise ordinance has been in the City Code since 1969. This ordinance
is updating the code to today's present testing standards and includes noise activities which in
1969, were not addressed.
BARB\STEVE\NOF.SD
. E, - 3
LANG, PAULY & GREGERSON, LTD.
ATTORNEYS AT LAW
FIRST BANK PLACE
1600 IBM PARK BUILDING
650 THIRD AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55402-4337
TELEPHONE: (612) 338-0755
FAX: (612) 349-6718
ROBERT I.LANG EDEN PRAIRIE OFFICE
ROGER A.PAULY SUITE 370
DAVID H.GREGERSON" 250 PRAIRIE CENTER DRIVE
RICHARD F.ROSOW EDEN PRAIRIE,MINNESOTA 55344
MARK J.JOHNSON TELEPHONE:(612)829-7355
JOSEPH A.NILAN FAX:(612)829-0713
JOHN W.LANG""
SUSAN M.LACH""" REPLY TO MINNEAPOLIS OFFICE
JUDITH H.DUTCHER
WILLIAM R.MILLER
TODD A.SATTLER
JENNIFER M.INZ
CAREY M.MOE
"Also Admitted in Wisconsin
""Also a Certified Public Accountant
""'Also Admitted in Colorado
August 1, 1994
Mr. Steve Durham
Eden Prairie City Offices
8080 Mitchell Road
Eden Prairie, MN 55344-2230
RE: Noise Control Ordinance/Flying Cloud Airport
Dear Steve:
You have asked me to review the issue of whether the City's noise ordinance can purport
to regulate airport noise from the Flying Cloud Airport. I enclose for your reference an
August 17, 1990 memo from Roger Pauly to the Mayor and Members of the City Council, a copy
of the Supreme Court case City of Burbank v. Lockheed Air Terminal, and an August 17, 1992
opinion of the Attorney General. Roger's memo of August 17th concludes that based on the
Burbank case, the City does not have the right to adopt local regulations applicable to the Flying
Cloud Airport. The enclosed Attorney General's opinion addresses the City's authority to enforce
its zoning and subdivision regulations with respect to land owned by the Metropolitan Airports
Commission for airport use. That opinion states that MAC is exempt from local zoning and
subdivision ordinances.
If you have any questions, please do not hesitate to call.
Very truly yours,
LANG, PAULY & GERSON, LTD.
Ric d F. Ros w
RFR/smt
Enclosure
rfr\ep\durham2.ltr
fE ,
PROPOSED NOISE ORDINANCE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)", AND CITY
CODE CHAPTER 9 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.03, Subd. 4. Entitled "Performance
Standards" shall be amended to read as follows:
Subd. 4. Performance Standards. Uses which because of the nature of their
operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor,
noxious gases, glare or wastes shall not be permitted. These standards shall be
considered "excessive when they exceed or deviate from the limitations set forth in the
following performance specifications:
A. Vibration. No activity or operation shall at any time cause earth
vibrations perceptible beyond the limits of the immediate site on which the
operation is located.
B. Dust and Dirt. Solid or liquid particles shall not be emitted at any point
in concentrations exceeding 0.3 grains per cubic foot of the conveying gas
or air. For measurement of the amount of particles in gases resulting
from combustion, standard corrections shall be applied to a stack
temperature of 500 degrees Fahrenheit and 50% excess air.
C. Smoke. Measurement shall be at the point of emission. The Ringelman
Smoke Chart published by the United States Bureau of Mines shall be
used for the measurement of smoke. Smoke not darker or more opaque
than No. 1 of said chart may be emitted, provided that smoke not darker
or more opaque than No. 2 of said chart may be emitted for periods not
longer than four minutes in any 30-minute period. These provisions,
applicable to visible grey smoke, shall also apply to visible smoke of a
different color but with an equivalent apparent opacity.
D. Odor. No activity or operation shall cause at any time the discharge of
1
toxic, noxious, or odorous matter beyond the limited of the immediate site
where it is located in such concentrations as to be detrimental to or
endanger the public health, welfare, comfort or safety or cause injury to
property or business.
E. Glare. Glare, whether direct or reflected, such as from spotlights or high
temperature processes, and as differentiated from general illumination,
shall not be visible beyond the limits of the immediate site from which it
originates.
F. Wastes. All solid waste material, debris, refuse, or garbage shall be kept
within a completely enclosed building or properly contained in a closed
container designed for such purpose. All liquid wastes containing any
organic or toxic matter shall be discharged with into a public sanitary
sewer or treated in a manner prescribed by the City. The rate of liquid
waste discharge into the City sanitary sewerage system shall not exceed
200 gallons per site acre per hour between the hours of 9:00 o'clock a.m.
and noon. Use for the dumping or storage above ground or under the
surface of chemical waste and other hazardous waste products will not be
permitted because of the potential hazards that may be created to public
health, safety, and welfare in all Districts.
Section 2. City Code Chapter 9, Section 9.41 shall read as follows:
SECTION 9.41. NOISE
Subd. 1. Definitions. For the purpose of this section the following terms shall have the
meanings stated:
a. "Air Circulation Device" - A mechanism designed and used for the
controlled flow of air used in ventilation , cooling, or conditioning,
including, but not limited to, central and window air conditioning units.
b. "L10" - means the sound level, expressed in decibels (dBA) which is
exceeded 10% of the time for a one-hour period, as measured by a sound
level meter having characteristics as specified in the latest standards, S 1.4
of the American National Standards Institute. and using test procedures
approved by the City Manager or his/her designee.
c. "L50" - means the sound level similarly expressed and measured as L10
which is exceeded 50 % of the time for a one hour period.
d. "Noise" -Any erratic, intermittent, and/or statistically random oscillations
which result in disturbing, harmful, or unwanted sound.
2
e. "Person" - An individual, firm, partnership, corporation, trustee,
association, the state and its agencies and subdivisions, or any body of
persons whether incorporated or not and with respect to acts prohibited or
required herein, person shall include employees and licensees.
f. "Sound" - A temporal and spatial oscillation in pressure or other physical
quantity in a medium with internal forces which causes compressions and
rarefactions of that medium and which is propagable at finite speed to
distant points.
g. "Sound Level (Noise Level) - The A-weighted sound pressure level,
expressed in dBA, obtained by the use of a sound-level meter having
characteristics as specified in the American National Standards Institutes
(ANSI) standard S1-4-1961.
Subd. 2. Noise. No person shall make or cause to be made any distinctly and loudly
audible noise that unreasonably annoys, disturbs, injures, or endangers the
comfort, repose, health, peace, safety, or welfare of any persons or precludes
their enjoyment of property or affects their property's value. This general
prohibition is not limited by the specific restrictions of the following subdivisions.
a. Loading, unloading, unpacking. No person or equipment shall create loud and
excessive noise in loading, unloading, or unpacking any vehicle.
b. Paging systems, music intercom systems. No person shall use or operate or
permit use or operation of any paging system, music intercom system or other
device for the production or reproduction of sound in distinctly and loudly
audible manner as to disturb the peace, quiet, and comfort of any person nearby.
Operation of any such equipment between the hours of 10:00 o'clock P.M. and
7:00 o'clock A.M. is prohibited. Operation of any such equipment between the
hours of 7:00 o'clock A.M. and 10:00 o'clock P.M. in such a manner as to be
plainly audible at the property line of the structure or building in which it is
located, or at a distance 50 feet beyond the property line if the source is located
outside a structure or building shall be prima facie evidence of a violation of this
section.
c. Loudspeakers, amplifiers for advertising, etc. No person shall operate or
permit the use or operation of any loudspeaker, sound amplifier, or other device
for the production or reproduction of sound on a street or other public place for
the purpose of commercial advertising or attracting the attention of the public to
any commercial establishment or vehicle.
Subd. 3. Hourly Restrictions on Certain Operations.
3
a. Domestic power equipment. No person shall operate in the Rural, R1 or
RM zoning district a power lawn mower, power hedge clipper, chain
saw, mulcher, garden tiller, edger, drill, or other similar domestic power
maintenance equipment except between the hours of 7:00 a.m. and 10:00
p.m. Monday through Sunday. Snow removal equipment is exempt.
b. Construction activities. No person shall engage in or permit construction
activities involving the use of any kind of electric, diesel, or gas-powered
machine or other power equipment except between the hours of 7:00 a.m.
and 7:00 p.m. Monday through Saturday. No construction activities may
occur on Sundays or legal Holidays. The City Manager may, upon good
cause being shown, vary these days and hours in writing.
Subd. 4. Receiving Land Use Standards.
Maximum noise levels by receiving land use districts. No person shall
operate or cause or permit to be operated any source of noise in such a
manner as to create a noise level exceeding the limit set in table I for the
land use category specified when measured at or within the property line
of the receiving land use.
Table I. Sound Levels by Receiving Land Use Districts
Day 7:00 am - Day 7:00 am - Night 10:00 Night 10:00
10:00pm 10:00pm pm - 7:00am pm - 7:00am
Receiving L10 L50 L10 L50
Land Use
Districts
Residential 65 60 55 50
Commercial, 70 65 70 65
Office, Public
Industrial 80 75 80 75
The limits of the most restrictive district shall apply at the boundaries between
different land use categories. The determination of land use shall be by its zoned
designation.
Subd. 5. Air Circulation Devices. No person shall permanently install or place any air
circulation device, except a window air condition unit, in any outdoor location
such that the device in that location does not comply with the noise level
standards prescribed in Subdivision 4.
4
mac , - S
Subd. 6. Exceptions.
a. Emergency Work. Noise created exclusively in the performance of
emergency work to preserve the public health, safety, or welfare, or in the
performance of emergency work necessary to restore a public service or
eliminate a public hazard shall be exempt from the provisions of this
ordinance. Any person responsible for such emergency work shall take all
reasonable actions to minimize the amount of noise.
b. Government sponsored activities. Certain activities related to public
entertainment including but not limited to Fourth of July Fireworks, City
sponsored Concerts in public parks, licensed carnivals, and parades shall
be exempt from the provisions of this ordinance.
Subd. 7. Administration.
a. Administering officer. The noise control program established by this
ordinance shall be administered by the City Manager or his\her designee.
b. Testing Procedures. The City Manager or his\her designee may enlist the
services of the Minnesota Pollution Control Agency or the services of a
private noise testing company when testing for noise levels is believed in
excess of Subdivision 4 of this section.
c. Studies, etc. The City Manager or his/her designee may conduct such
research, monitoring, and other studies related to sound as are necessary
or useful in enforcing this ordinance and reducing noise in the City.
He/she shall make such investigations and inspections in accordance with
law as required in applying ordinance requirements.
d. Noise impact statements. The City Manager or his\her designee may
require any person applying to the City for a change in zoning
classification or a permit or license for any structure, operation, process,
installation, or alteration, or product that may be considered a potential
noise source to submit a noise impact statement on a form, supplied by the
City of Eden Prairie. The City Manager or his\her designee shall evaluate
each such statement and make appropriate recommendations to the Council
or other agency or officer authorized to take the action or approve the
license or permit applied for.
e. Performance Standards - Test.
1. By Owner . In order to assure compliance with the performance
5
standards set forth above, the Council may require the owner or
operator of any permitted use to have made such investigations and
tests as may be required to show adherence to the performance
standards. Such investigations and tests as are required to be made
shall be carried out by an independent testing organization as may
be selected by the Council after 30 days notice. The cost incurred
in having such investigations an test conducted shall be shared
equally by the owner or operator and the City, unless the
investigation and test disclose noncompliance with the performance
standards, in which event the entire investigation or testing cost
shall be paid by the owner or operator.
2. By City. The procedure above stated shall not preclude the City
from making any tests and investigations it finds appropriate to
determine compliance with these performance standards.
Subd. 8. Variances.
a. Authority. The City Manager or his\her designee shall have the authority
to grant variances from the requirements of any section of this ordinance.
b. Application. Any person seeking a variance shall file an application with
the City Manager or his/her designee on a form prescribed by the City.
Information to be supplied in the application shall include but not be
limited to the following information:
1.Statement of the dates and times during which the noise is proposed.
2. The location of the noise source.
3. The nature of the noise source.
4. Reasons why the variance is sought and identified hardship.
5. Steps taken to minimize the noise level.
6. Other information as required by the City Manager.
Subd. 9. Enforcement.
a. Notice of certain violation. When the City Manager or his/her designee
determines that a noise exceeds the maximum sound level permitted under
Receiving Land Use Standards in this section, he or she shall give written
notice of the violation to the owner or occupant of the premises where the
noise originates and order such person to correct or remove each specified
violation within such reasonable time as is prescribed in the notice. The
failure to remove or correct any such violation within the time so
prescribed constitutes a violation of this ordinance.
b. Civil remedies. In addition to enforcement pursuant to Section 9.99 of
6
Chapter 9 this Ordinance may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
c. Severability. If any provision of this ordinance or the application of any
provision to a particular situation is held to be invalid by a court of
competent jurisdiction, the remaining portions of the ordinance and the
application of the ordinance to any other situation shall not be invalidated.
Section 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
_ day of , 1990 and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the _ day of , 1994.
ATTEST:
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the _ day of , 1994.
M:\BARB\STEV E\NOISE.SD
7
erz DATE:
CITY COUNCIL AGENDA
eder, SEPTEMBER 6, 1994
prairie SECTION:
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
FINANCE VEPT PAYMENT OF CLAIMS VI
CHECKS NUMBER 23787 THRU 24505
Action/Direction:
SEPTEMBER 6, 1994 VI
23787 CANADA LIFE ASSURANCE CO AUGUST 94 DISABILITY INSURANCE PREMIUM. 2017.57
23788 CARVER COUNTY COURTHOUSE PAYROLL 08-05-94. 49.37
23789 CITIBANK-SOUTH DAKOTA-N A PAYROLL 08-05-94. 200.00
23790 FEDERAL RESERVE BANK PAYROLL 08-05-94. 450.00
23791 GREAT-WEST LIFE & ANNUITY PAYROLL 08-05-94. 7939.00
23792 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 08-05-94. 298.00
23793 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 08-05-94. 240.46
23794 ICMA RETIREMENT TRUST-457 PAYROLL 08-05-94. 4158.53
23795 INTERNAL REVENUE SERVICE PAYROLL 08-05-94. 32.00
23796 INTL UNION OF OPERATING ENGINEERS AUGUST 94 UNION DUES. 1270.00
23797 MN DEPT OF REVENUE PAYROLL 08-05-94. 200.00
23798 MN STATE RETIREMENT SYSTEM PAYROLL 08-05-94. 62.00
23799 MN TEAMSTERS CREDIT UNION PAYROLL 08-05-94. 25.00
23800 EXECUTIVE DIRECTOR-PERA PAYROLL 08-05-94/PAYROLL 08-05-94. 38209.79
23801 PRUDENTIAL INSURANCE CO AUGUST 94 LIFE INSURANCE PREMIUM/AUGUST 2586.80
94 LIFE INSURANCE PREMIUM.
23802 UNITED WAY PAYROLL 08-05-94. 215.55
23803 DOWNRIGHT TIGHT ENTERTAINMENT-STARING LK CONCERT SERIES- 800.00
HISTORICAL & CULTURAL COMMISSION.
23804 CHILDS PLAY THEATRE CO ENTERTAINMENT-STARING LK CONCERT SERIES- 700.00
HISTORICAL & CULTURAL COMMISSION.
23805 SAINTS BRASS ENTERTAINMENT-STARING LK CONCERT SERIES- 300.00
HISTORICAL & CULTURAL COMMISSION.
23806 HOPKINS POSTMASTER POSTAGE-COMMUNITY PROGRAMS FALL BROCHURE. 2253.68
23807 JIM STUKEL ADDITIONAL-BWCA TRIP GUIDE-SPECIAL TRIPS 110.00
& EVENTS PROGRAM.
23808 SANDY MCNEIL REIMBURSEMENT-FREIGHT DELIVERY CHARGE- 81.58
MILLER PARK.
23809 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 272.00
23810 MINNESOTA STATE TREASURER JULY 94 BUILDING SURCHARGES. 6731.62
23811 METROPOLITAN WASTE CONTROL COMMIS JULY 94 SAC CHARGES. 70488.00
23812 NORTHERN STATES POWER CO SERVICE. 44837.26
23813 SENSIBLE LAND USE COALITION CONFERENCE-ADMINISTRATION DEPT. 30.00
23814 STAHL CONSTRUCTION COMPANY SERVICE-CITY CENTER REMODELING. 3780.00
23815 SAHIL AGRAWAL REFUND-SWIMMING LESSONS. 21.00
23816 LAVERNE ANDERSON REFUND-LINDBERG & LITTLE FALLS TRIP-ADULT 30.00
PROGRAMS.
23817 FRANCES ARVIDSON REFUND-LINDBERG & LITTLE FALLS TRIP-ADULT 30.00
PROGRAMS.
23818 JUDY BEST REFUND-LINDBERG & LITTLE FALLS TRIP-ADULT 30.00
PROGRAMS.
23819 MARIE BRAU REFUND-SWIMMING LESSONS. 24.00
23820 CARRIE BUTLER REFUND-LINDBERGH & LITTLE FALLS TRIP- 30.00
ADULT PROGRAMS.
23821 JANIS CAMERON REFUND-ACTIVITY CAMP. 9.00
23822 BRIAN COPELAND REFUND-SKATING LESSONS. 47.00
23823 GRETCHEN DORR REFUND-ACTIVITY CAMP. 59.00
23824 BARRY EICHMAN REFUND-END OF SUMMER BASH-SPECIAL TRIPS & 14.00
EVENTS PROGRAM.
23825 ESPECIALLY FOR CHILDREN REFUND-DAY CARE SWIMMING LESSONS. 65.00
18869721
SEPTEMBER 6, 1994 1.
SEPTEMBER 6, 1994 VI
23826 MAUREEN HAMMER REFUND-SWIMMING LESSONS. 21.00
23827 KINDERBERRY HILL REFUND-DAY CARE SWIMMING LESSONS. 104.00
23828 ETHEL HOFFHINES REFUND-LINDBERGH & LITTLE FALLS TRIP- 30.00
ADULT PROGRAMS.
23829 LORI JUELICH REFUND-GYMNASTICS CLASS/SWIMMING LESSONS/ 71.00
SKATING LESSONS.
23830 EVELYN KADLEC REFUND-LINDBERGH & LITTLE FALLS TRIP- 60.00
ADULT PROGRAMS.
23831 KINDERCARE REFUND-DAY CARE SWIMMING LESSONS. 78.00
23832 BRENNER KLENZMAN REFUND-SWIMMING LESSONS. 36.00
23833 SUSAN KOVALA REFUND-EXPLORE MN TRIP-OUTDOOR CENTER 42.00
PROGRAM/LINDBERGH & LITTLE FALLS TRIP-
ADULT PROGRAMS.
23834 VERNON LEE REFUND-LINDBERGH & LITTLE FALLS TRIP- 30.00
ADULT PROGRAMS.
23835 DEBRA LUECK REFUND-SKATING LESSONS. 47.00
23836 ROBERT & ARDIS MCCARTHY REFUND-EXPLORE MN TRIP-OUTDOOR CENTER 90.00
PROGRAM/LINDBERGH & LITTLE FALLS TRIP-
ADULT PROGRAMS.
23837 KELLY MCCONNELL REFUND-SPORTS CAMP/ACTIVITY CAMP. 118.00
23838 IRENE MCKAY REFUND-LINDBERG & LITTLE FALLS TRIP-ADULT 30.00
PROGRAMS.
23839 NEW HORIZON CHILD CARE REFUND-DAY CARE SWIMMING LESSONS. 39.00
23840 PATRICIA OEN REFUND-GYMNASTICS LESSONS. 21 .00
23841 PAUL OSMUNDSON REFUND-ANGLEWOOD TRAIL TRIP-OUTDOOR 60.00
CENTER PROGRAM.
23842 CAROLE PAULSEN REFUND-LINDBERGH & LITTLE FALLS TRIP- 30.00
ADULT PROGRAMS.
23843 MARY ROSE REFUND-SKATING LESSONS. 23.00
23844 CECILE SEAMS REFUND-SWIMMING LESSONS/SKATING LESSONS. 41.00
23845 DEBRA SHIVELY REFUND-SWIMMING LESSONS. 24.00
23846 J WALLACE REFUND-SKATING LESSONS. 17.00
23847 CRYSTEEL DIST INC TRUCK BOX WITH HYDRAULICS/FENDERS/PULL 41873. 10
PLATE & HITCH-$17746/UNDERBODY SCRAPER &
INSTALLATION-$3657/ARMLIFT & INSTALLATION-
$20468-STREET DEPT.
23848 J C PENNEY UNIFORMS-POLICE DEPT. 97.30
23849 MINNCOMM PAGING JULY 94 PAGER SERVICE-UTILITIES DIVISION. 44.46
23850 STAR TRIBUNE SUBSCRIPTION-FIRE DEPT. 85.80
23851 GREG RUSH ENTERTAINMENT-DRAMA CAMP/PERFORMING ARTS 125.00
PROGRAM.
23852 KATHLEEN BIANCHINI • REFUND-ACTIVITY CAMP. 59.00
23853 KRAEMERS HOME CENTER OUTLET COVER/SPRAYER//VARNISH/ENAMEL/ 1089.61
GOGGLES/HANGING SCALE/HANDLES/TAPE/TRAPS/
ROLLERS/FLAT BARS/INSECT REPELLANT/PAINT/
HAMMER/KEYS/PAINT BRUSHES/PAN/PITCHER/
GLASSES/WHISK BROOMS/STRING/UTILITY
KNIVES/COUPLER/SCLIPS/KEY CHAINS/DRILL
BITS/BATTERIES/GLUE/BELTS/TREE STAKES/
LIGHT BULBS/PAIL/SPONGES/STAPLES/TROWELS/
LEVEL/DEHUMIDIFIER-FACILITIES DEPT/FIRE
DEPT/STREET DEPT/EQUIPMENT MAINT//
FORESTRY DEPT/UTILITIES DIVISION.
4438627
SEPTEMBER 6, 1994 2.
SEPTEMBER 6, 1994 VI
23854 MINNESOTA SPORTS FEDERATION STATE TOUCH FOOTBALL TEAM REGISTRATION. 84.00
23855 PAM COPELAND REFUND-DAY CAMP. 130.00
23856 RONALDA MILLER REFUND-BEFORE & AFTER CARE PROGRAM. 40.00
23857 DIANE REITZ REFUND-YOUTH TENNIS LESSONS. 22.00
23858 JOANNE SLAVIN REFUND-SPORTS CAMP. 124.00
23859 COLIN SMITH REFUND-ACTIVITY CAMP. 68.00
23860 VOID OUT CHECK 0.00
23861 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING. 1007.00
23862 HOPKINS POSTMASTER POSTAGE-SEPTEMBER/OCTOBER 94 SENIOR 180.07
NEWSLETTER.
23863 PETTY CASH-POLICE DEPT POSTAGE/EXPENSES-POLICE DEPT. 51.92
23864 U S WEST COMMUNICATIONS SERVICE. 2016.43
23865 FAIRFIELD INN SCHOOL LODGING-POLICE DEPT. 360.70
23866 DAY DISTRIBUTING COMPANY BEER & MIX. 10053.65
23867 EAST SIDE BEVERAGE CO BEER. 14579.15
23868 MARK VII DISTRIBUTING COMPANY BEER. 12353.50
23869 MIDWEST COCA COLA BOTTLING CO MIX. 1008.34
23870 PEPSI COLA COMPANY MIX. 530.35
23871 THORPE DISTRIBUTING COMPANY BEER. 22792.30
23872 STEVE STENSGAARD GIFT CERTIFICATES-HORSESHOE LEAGUE- 225.00
ORGANIZED ATHLETICS PROGRAM.
23873 NORWEST BANKS MINNESOTA N A PAYROLL 08-19-94. 90316.35
23874 U S WEST CELLULAR INC SERVICE. 694.18
23875 CHERI THOMPSON REFUND-ACTIVITY CAMP. 50.00
23876 GREG RUSH ENTERTAINMENT-OPEN HOUSE-POLICE DEPT. 125.00
23877 MUSIC THEATRE INTL PERUSAL HANDLING CHARGE-HISTORICAL & 7.50
CULTURAL COMMISSION.
23878 CITY OF EDEN PRAIRIE DUES-I-494 CORRIDOR COMMISSION. 4244.20
23879 GLENWOOD INGLEWOOD SPRING WATER-LIQUOR STORE II. 11.82
23880 INACOM INFORMATION SYSTEMS INC COMPUTER SOFTWARE-HUMAN RESOURCES DEPT. 13908.21
23881 METRO SALES INC COPIERS MAINTENANCE AGREEMENTS-CITY HALL. 4766.20
23882 MIDWEST MACHINERY INC ADJUSTED CLUTCH PEDAL LINKAGE-EQUIPMENT 348.00
MAINTENANCE.
23883 TWIN CITY OXYGEN CO HEADGEAR W/PIVOT/COVERS/ANCHORS-WATER 23.94
DEPT.
23884 SOCIETY OF FIRE PROTECTION ENGRS TRAINING HANDBOOK-FIRE DEPT. 104.15
23885 RANGE TECHNICAL COLLEGE SCHOOL-FIRE DEPT. 150.00
23886 MN SAFETY COUNCIL CONFERENCE-SAFETY DEPT. 145.00
23887 LMHRC POSTERS-COMMUNITY SERVICES DEPT. 14.00
23888 FRANKLIN QUEST CO OFFICE SUPPLIES-HUMAN RESOURCES DEPT. 15.60
23889 MIAMA CONFERENCE-COMMUNITY CENTER 580.00
ADMINISTRATION.
23890 BUSINESS HEALTH SERVICES CONFERENCE-SAFETY DEPT. 18.00
23891 MN RECREATION & PARK ASSN MEETING EXPENSES-YOUTH RECREATION PROGRAM 10.00
SUPERVISOR.
23892 INTERSTATE DETROIT DIESEL CONFERENCE-EQUIPMENT MAINTENANCE. 350.00
23893 FIRE CHIEFS CONFERENCE CONFERENCE-FIRE DEPT. 420.00
23894 KAHLER HOTEL DEPOSIT FOR CONFERENCE LODGING-FIRE DEPT. 276.00
23895 HOLIDAY INN CONFERENCE LODGING-FIRE DEPT. 262.80
23896 ORDWAY MUSIC THEATRE DEPOSIT FOR TICKETS-ADULT PROGRAMS/FEES 286.00
PAID.
18275336
SEPTEMBER 6, 1994 3.
SEPTEMBER 6, 1994 VI
23897 HENNEPIN COUNTY TREASURER PROPERTY OWNER LABEL LISTS-COMMUNITY 437.50
DEVELOPMENT DEPT.
23898 MINNEGASCO SERVICE. 4323.82
23899 RAPIT PRINTING PRINTING CERTIFICATES-POOL LESSONS. 258.53
23900 SHASHI AGRAWAL REFUND-SWIMMING LESSONS. 21.00
23901 MARIA ANDERSON REFUND-ACTIVITY CAMP. 62.00
23902 HELEN BROOKE REFUND-SWIMMING LESSONS. 21.00
23903 DAVID COPPLE REFUND-SWIMMING LESSONS. 39.00
23904 AMY ENGSTROM REFUND-END OF SUMMER BASH/TWINS DAY- 50.00
SPECIAL TRIPS & EVENTS PROGRAM.
23905 ALDONA FERRARO REFUND-END OF SUMMER BASH-SPECIAL TRIPS & 10.00
EVENTS PROGRAM.
23906 ANDREW FISCHER REFUND-SKATING LESSONS. 47.00
23907 PAMELA FISHER REFUND-TWINS DAY-SPECIAL TRIPS & EVENTS 17.00
PROGRAM.
23908 JULIE FOSTER REFUND-TWINS DAY-SPECIAL TRIPS & EVENTS 7.00
PROGRAM.
23909 BETTY JO HAGGERTY REFUND-ACTIVITY CAMP SLEEPOVER. 9.00
23910 GLENDA HAWKINS REFUND-END OF SUMMER BASH-SPECIAL TRIPS & 34.00
EVENTS PROGRAM.
23911 MOLLY HOSFIELD REFUND-ACTIVITY CAMP SLEEPOVER. 9.00
23912 MARY IMES REFUND-SWIMMING LESSONS. 36.00
23913 ANN JOHNSON REFUND-END OF SUMMER BASH/ACTIVITY CAMP. 34.00
23914 KAREN JOHNSON REFUND-SWIMMING LESSONS. 13.00
23915 ALICE MILLER REFUND-ACTIVITY CAMP. 68.00
23916 DEBORAH MODEEN REFUND-SWIMMING LESSONS. 36.00
23917 CHARLOTTE NICHOLS REFUND-TWINS DAY-SPECIAL TRIPS & EVENTS 17.00
PROGRAM.
23918 PAULA ODEGAARD REFUND-END OF SUMMER BASH-SPECIAL TRIPS & 17.00
EVENTS PROGRAM.
23919 JOYCE REICHOW REFUND-TWINS DAY-SPECIAL TRIPS & EVENTS 17.00
PROGRAM.
23920 ANNETTE ROTI REFUND-SWIMMING LESSONS. 21 .00
23921 SUSAN SCHMELZ REFUND-END OF SUMMER BASH/TWINS DAY- 34.00
SPECIAL TRIPS & EVENTS PROGRAM.
23922 JAMES SHADDUCK REFUND-SWIMMING LESSONS. 19.00
23923 LYNN SIMMONS REFUND-END OF SUMMER BASH-SPECIAL TRIPS & 34.00
EVENTS PROGRAM.
23924 KAREN TINUCCI REFUND-SWIMMING LESSONS. 15.00
23925 PAM TRAYNOR REFUND-END OF SUMMER BASH-SPECIAL TRIPS & 10.00
EVENTS PROGRAM.
23926 GAYLE VAN CLAY REFUND-SKATING LESSONS. 47.00
23927 VALERIE WALSH REFUND-END OF SUMMER BASH-SPECIAL TRIPS & 14.00
EVENTS PROGRAM.
23928 LIZ WILCZEK REFUND-DAY CAMP. 65.00
23929 MATT WILKUS REFUND-SWIMMING LESSONS. 12.00
23930 LINDA YEAROUS REFUND-TWINS DAY-SPECIAL TRIPS & EVENTS 17.00
PROGRAM.
23931 TIMOTHY ZOERB REFUND-SWIMMING LESSONS. 21.00
23932 JIM STUKEL BWCA GUIDE & FOOD EQUIPMENT-SPECIAL TRIPS 880.00
& EVENTS PROGRAM.
677285
SEPTEMBER 6, 1994 4.
SEPTEMBER 6, 1994 VI
23933 RON OTTERNESS BWCA TRIP LEADER-SPECIAL TRIPS & EVENTS 40.00
PROGRAM.
23934 DIANE ROWSE SERVICE-PRESENTATION ON WILDLIFE & POND 80.00
STUDIES-DAY CAMP/FEES PAID.
23935 SISINNI FOOD SERVICE MEETING EXPENSES-CITY HALL/POLICE DEPT. 267.00
23936 VOID OUT CHECK 0.00
23937 CARVER COUNTY COURTHOUSE PAYROLL 08-19-94. 49.37
23938 CITIBANK-SOUTH DAKOTA-N A PAYROLL 08-19-94. 200.00
23939 FEDERAL RESERVE BANK PAYROLL 08-19-94 SAVINGS BONDS. 400.00
23940 GREAT-WEST LIFE & ANNUITY PAYROLL 08-19-94. 7939.00
23941 HEALTHPARTNERS SEPTEMBER 94 HEALTH INSURANCE PREMIUM. 24514.63
23942 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 08-19-94. 298.00
23943 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 08-19-94. 240.46
23944 ICMA RETIREMENT TRUST-457 PAYROLL 08-19-94. 4188.53
23945 INTERNAL REVENUE SERVICE PAYROLL 08-19-94. 32.00
23946 MEDICA CHOICE SEPTEMBER 94 HEALTH INSURANCE PREMIUM. 49009.10
23947 MN DEPT OF REVENUE PAYROLL 08-19-94. 200.00
23948 MN STATE RETIREMENT SYSTEM PAYROLL 08-19-94. 62.00
23949 MN TEAMSTERS CREDIT UNION PAYROLL 08-19-94. 25.00
23950 EXECUTIVE DIRECTOR-PERA SEPTEMBER 94 LIFE INSURANCE PREMIUM. 225.00
23951 EXECUTIVE DIRECTOR-PERA PAYROLL 08-19-94. 39140.47
23952 EXECUTIVE DIRECTOR-PERA PAYROLL 08-19-94. 100.00
23953 UNITED WAY PAYROLL 08-19-94. 215.55
23954 MINNESOTA UC FUND 2ND QTR 94 UNEMPLOYMENT COMPENSATION. 827.35
23955 STEPHANIE CHADWICK REIMBURSEMENT FOR EXPENSES-SPECIAL TRIPS 28.78
& EVENTS PROGRAM/FEES PAID.
23956 RICHARD ERICKSON ENTERTAINMENT-CITY EMPLOYEE PICNIC. 200.00
23957 HAPPY FACES FACE PAINTING-CITY EMPLOYEE PICNIC. 59.93
23958 CHILDS PLAY THEATRE CO ENTERTAINMENT-DRAMA CAMP & PERFORMING 140.00
ARTS PROGRAM.
23959 NORTHERN STATES POWER CO SERVICE. 26654.66
23960 US WEST CELLULAR CELLULAR PHONE/CHARGER/CIGARETTE ADAPTER/ 557.01
CASE-PARK MAINTENANCE.
23961 MN SECTION AAWA CONFERENCE-WATER DEPT. 140.00
23962 HOLIDAY INN-DOWNTOWN CONFERENCE LODGING-WATER DEPT. 182. 12
23963 TAYLOR HEYEN REFUND-DAY CAMP SLEEPOVER. 9.00
23964 PAM MCWHIRTER REFUND-DAY CAMP SLEEPOVER. 9.00
23965 JULIE MUSECH REFUND-ACTIVITY CAMP. 49.60
23966 KAREN SCHNEIDER REFUND-IN-LINE SKATING LESSONS. 10.00
23967 ADAM SEYMUNP REFUND-IN-LINE SKATING LESSONS. 10.00
23968 DREW ALLENSWORTH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23969 ANAGRAM INTL REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23970 JIM ANDERSON REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
23971 _VOID OUT CHECK 0.00
23972 VOID OUT CHECK 0.00
23973 VOID OUT CHECK 0.00
23974 GREG ANDERSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23975 LYNN E ANDERSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23976 ROBERT ANDERSON REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
23977 JIM ANITZBERGER REFUND-SOFTBALL ELIGIBILITY FEE. 25.00
15667856
SEPTEMBER 6, 1994 5.
SEPTEMBER 6, 1994 VI
23978 LINDA ARP REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23979 ROGER BADENHOP REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
23980 VOID OUT CHECK . 0.00
23981 JOANNE BAER REFUND-SOFTBALL ELIGIBILITY FEE 100.00
23982 SHARON BARLI REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23983 PATRICK BARNDS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23984 TOM BARTL REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23985 TIM BEDUHN REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
23986 LARRY BENNER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23987 RANDY BIERBAUM REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23988 DAN BINS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23989 CURT BJORLIN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23990 SHARI BLAIR REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23991 KEVIN BLAKE REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23992 DEB BLATT REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23993 MARK BOOMGAARDEN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23994 VOID OUT CHECK 0.00
23995 BRET BORTH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23996 MARY BOYCE REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23997 MARK BUCHSTABER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23998 CHUCK BULSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
23999 JIM BULTMAN REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24000 DAVID CARL REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24001 ROBERT CESAFSKY REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24002 CHALLENGE PRINTING REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24003 THOMAS R CHRISTY REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24004 CLASSIC STRUCTURES INC REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24005 ENRIQUE CRESPO REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24006 RANDY DAHLMAN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24007 BRIAN DANIELSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24008 RANDY DAHLMAN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24009 MATT DETERDING REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24010 DOMINIC DEVAAN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24011 BRAD DIEKMANN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24012 STEVE DROEN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24013 BILLY DRURY REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24014 BRIAN EDGAR REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24015 STEVE ELFSTROM REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24016 BRAD ERRETT REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24017 TIMOTHY FARLEY REFUND-SOFTBALL ELIGIBILITY FEE. 25.00
24018 PAUL FLORIN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24019 ROB FRANCIS REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24020 ANTHONY FRANCISCUS REFUND-SOFTBALL ELIGIBILITY FEE. 25.00
24021 SCOTT FRANSEN REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24022 MAARIE GAYTHER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24023 G E CAPITAL REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24024 JOHN GERIRITSEN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24025 TAMARA GILMORE REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24026 ART GLICK REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24027 DONALD GOON REFUND-SOFTBALL ELIGIBILITY FEE. 25.00
427500
SEPTEMBER 6, 1994 6.
SEPTEMBER 6, 1994 VI
24028 ERIC GORDON REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24029 STEPHANIE GREEN REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24030 DANIEL GROEN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24031 JASON GRUND REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24032 BRETT HACK REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24033 KEN HALLONQUIST REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24034 TONY HANSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24035 WAYNE HARDER REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24036 ROB HARREL REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24037 SCOTT HARRINGTON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24038 ANGIE SMITH HARRIS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24039 STEVE HARVEY REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24040 STEVE HEALY REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24041 PAUL HEIDECKER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24042 DAVID HIBBISON REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24043 WILLIAM R HOAG REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24044 PAUL HOFFER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24045 MARK HOGUE REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24046 PAUL HOWARD REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24047 LAURA HUBERTY REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24048 SAMUEL HUDSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24049 DON HUNTER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24050 SCOTT HUTCHINS REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24051 JIM JACKSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24052 DAVID JOHNSON REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24053 PAUL JOHNSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24054 ROBERT JOHNSON REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24055 SCOTT JOHNSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24056 SCOTT JOHNSON REFUND-SOFTBALL ELIGIBILITY FEE. 125.00
24057 TODD JOHNSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00
24058 RICK JOOS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24059 RANDY KELLOGG REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24060 KEVIN KILORAN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24061 THOMAS S KNAUER REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24062 SANDY KOESTER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24063 CHRISTOPHER KOHLBECK REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24064 ERIC KOPPENHAFER REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24065 TONY KRICK REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24066 HEATHER KUTCHES REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24067 DAVE LARSON . REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24068 DAVID LARSON REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24069 RANDY LARSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24070 DAVID W LEKANDER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24071 WILLIAM L LEWIS REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24072 MICHAEL LIEN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24073 CALVIN LINZMEYER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24074 LLOYD E LOEHRS REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24075 LEE LOEHRS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24076 BILL LORNTSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24077 BRIAN LOUHI REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
442500
SEPTEMBER 6, 1994 7.
SEPTEMBER 6, 1994 VI
24078 PAUL LUNDQUIST REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24079 DAVE LYONS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24080 STEVE MALEVICH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24081 JAY MARTIN REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24082 MARK F MCGRUDER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24083 BILL MCMONIGAL REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24084 CATHY MEYER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24085 RON MICHEL REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24086 DAVID MILANO REFUND-SOFTBALL ELIGIBILITY FEE. 150.00
24087 CHRIS MILLARD REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24088 CHRIS MILLER REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24089 MIKE MILLER REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24090 BRETT MONIHAN REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24091 FINLEY MONTGOMERY REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24092 MARK MYERS REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24093 STEPHEN MYERS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24094 JOHN NASH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24095 JOHN NELSEN REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24096 PAUL NIEBUHR REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24097 GARY NIKOLAI REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24098 RANDY OBRIEN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24099 JAMES ODONNELL REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24100 GREGORY A OLSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24101 HEATHER OLSON REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24102 PAT OLSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24103 BRIAN P ONEY REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24104 TOM OWENS REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24105 BRUCE PERRY REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24106 TIM PERUNOVICH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24107 DAVID PORTER REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24108 MIKE POWER REFUND-SOFTBALL ELIGIBILITY FEE. 200.00
24109 BRADLEY N PUGH REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24110 DAVID REACH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24111 DAN REVSBECH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24112 JASON REYNOLDS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24113 MICHAEL RIGGLE REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24114 ELAINE RODY REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24115 LORI RUMAN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24116 BETH SAMS REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24117 DAVID SAMUELSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24118 MIKE SANDNESS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24119 DARRYL SANFORD REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24120 TROY SCHLIINZ REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24121 TOM SCHRUPP REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24122 CHRIS SCHULZE REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24123 JIM SCOTT REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24124 BRYAN SEE REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24125 DAN SEELER REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24126 ANN SENN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24127 KEVIN SNIFFER REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
455000
SEPTEMBER 6, 1994 8.
SEPTEMBER 6, 1994 VI
24128 PAT SIEBENALER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24129 CHIP SMITH REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24130 JOHN G SMITH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24131 MARK SMITH-LOSSIAH REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24132 RICHARD SPEAR REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24133 MIKE SPECA REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24134 JEFF STEFANOV REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24135 DAN STENSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24136 LAREE STREMPKE REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24137 JIM STRONER REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24138 BRIAN SUDMAN REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24139 TOM SUTERA REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24140 JOHN TANNER REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24141 MICHAEL K THOMAS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24142 CRAIG THOMPSON REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24143 MARK A TODD REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24144 LIZ TRACY REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24145 TOM TRECKER REFUND-SOFTBALL ELIGIBILITY FEE. 25.00
24146 DEAN D TROM REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24147 DARRELL ULRICH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24148 JIM VAN ASTEN REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24149 GREG VANDERVORSTE REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24150 RICHARD WALLNER REFUND-SOFTBALL ELIGIBILITY FEE. 150.00
24151 BRUCE D WEBSTER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24152 BOB WEGNER REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24153 DARYL WEISPFENNIG REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24154 TODD WENZEL REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24155 RICH WESTERBERG REFUND-SOFTBALL ELIGIBILITY FEE 175.00
24156 JUSTIN WHILEY REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24157 AMI WHITE REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24158 SUE WILKINSON REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24159 JEFF WILLIAMS REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24160 MICHELLE WILLIAMS REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24161 SHAWN WINTERS REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24162 WOODDALE CHURCH REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24163 P ADAM WYATT REFUND-SOFTBALL ELIGIBILITY FEE. 75.00
24164 MIKE YAGER REFUND-SOFTBALL ELIGIBILITY FEE. 50.00
24165 ERIC YOUNG REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24166 CRAIG ZEMKE REFUND-SOFTBALL ELIGIBILITY FEE. 150.00
24167 WAYNE ZILL REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24168 RON ZUEHL REFUND-SOFTBALL ELIGIBILITY FEE. 100.00
24169 MCI TFIFCOMMUNICATIONS SERVICE. 314.50
24170 VOID OUT CHECK 0.00
24171 U S POSTMASTER POSTAGE-SEPTEMBER/OCTOBER COMMUNITY 2426.31
NEWSLETTER-HUMAN SERVICES DEPT.
24172 MSSA CONFERENCE-STREET MAINTENANCE. 75.00
24173 U S WEST COMMUNICATIONS SERVICE. 4971 .81
24174 L MCI T 2ND QTR 94 WORKERS COMPENSATION PROGRAM. 68094.50
24175 KATHY FISHER REFUND-SKATING LESSONS. 47.00
24176 LOUISE SCHURLE REFUND-SKATING LESSONS. 47.00
7967612
SEPTEMBER 6, 1994 9.
SEPTEMBER 6, 1994 VI
24177 CHARLENE SPANTZ REFUND-SKATING LESSONS. 47.00
24178 BARBARA SWANSON REFUND-DEVELOPMENTAL ICE PUNCH CARD. 8.00
24179 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION-EQUIPMENT 23.50
MAINTENANCE.
24180 SISINNI FOOD SERVICE EXPENSES-SENIOR CENTER. 200.79
24181 A U S COMMUA'TCATIONS INC TEl SYSTEM WIRING-CITY CENTER. 3464.91
24182 VOID OUT. CHECK 0.00
24183 ACHE g SVOBODA INC "PREPARED 8 PAINTED EXTERIOR WOOD 8 5270.00
METAL SURFACES AT WELL HOUSES #7/#8/
4498 #10 '
24184 ABLE CONCRETE RAISING INC MUDJACKING OF CURBS-STREET DEPT. 83/.50
24185 AEC ENGINEERING SERVICE-NEW TANK CONSTRUCTION INSPECTION. 7523.93
24186 ADAPTABILITY LAP DESK-ADAPTIVE RECREATION PROGRAM. 44.99
24187 AFFIRMED MEDICAL SERVICES INC 1ST AID SUPPLIES-CITY HALL. 66.87
24188 AIRSIGNAL INC PAGER SERVICE-COMMUNITY CENTER/PARK 89.68
MAINTENANCE/ENGINEERING DEPT/HUMAN
SERVICES DEPT.
24189 ALEX AUDIO & VIDEO SERVICE CAMCORDER REPAIR-POLICE DEPT. 158.70
24190 ALL SEASONS WILD BIRD STORE GEESE DETERENT FOR LIME LAGOONS-WATER 25.50
TREATMENT PLANT.
24191 ALLMAX PROFESSIONAL SOLUTIONS MAINTENANCE MGMT COMPUTER SOFTWARE-WATER 1995.00
TREATMENT PLANT.
24192 ALPHA VIDEO & AUDIO VIDEO CASSETTES-POLICE DEPT. 150. 17
24193 ALTERNATIVE GRAPHICS PRINTING CO PRINTING-SEPTEMBER/OCTOBER 94 SENIOR 617.70
NEWSLETTER.
24194 AMERICAN HEART ASSN DUES-HUMAN RESOURCES DEPT. 30.00
24195 AMERICAN PLANNING ASSN DUES-COMMUNITY DEVELOPMENT DEPT. 15.00
24196 AMERICAN RED CROSS CPR & WATER SAFETY TRAINING-POOL LESSONS. 491.00
24197 AMERICAN WATER WORKS ASSOC DUES-WATER DEPT. 2272.00
24198 AMERIC '1 WATER WORKS ASSOC BINDERS-ENGINEERING DEPT. 29.00
24199 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL. 1040.93
24200 EARL F ANDERSEN & ASSOC INC SAFETY KIT CONES/EXPDXY KIT/SURFACE MOUNT 2243.76
STARTER KIT/REDWOOD PLANTS FOR
CLATTERBRIDGE/STREET NAME SIGNS/BRACKETS/
PLATES/BARRICADE PANELS/TRAFFIC CONTROL
DEVICES/POSTS-STREET DEPT/PARK
MAINTENANCE.
24201 KEN ANDERSON TRUCKING SERVICE-DISPOSAL OF WILDLIFE-ANIMAL 186.38
CONTROL DEPT.
24202 DON ANDERSON JR SERVICE-HOCKEY OFFICIAL/FEES PAID. 435.00
24203 ANIMAL INN BOARDING KENNEL CANINE SUPPLIES-POLICE DEPT. 83.77
24204 AQUA ENGINEERIN^ INC CONTROLLER/SPRINKLER HEAD/NOZZLES/ 402.98
CONTROLLER FUSE/MARKING FLAGS/COUPLINGS/
PVC PIPE-FACILITIES DEPT/PARK MAINTENANCE.
24205 ASHBACH CONSTRUCTION CO MILLING OF BLACKTOP FOR OVERLAYS-STREET 8176.97
MAINTENANCE.
24206 AUDIO VISUAL WHOLESALERS BATTERY/PORTABLE OVERHEAD-HUMAN RESOURCES 459.93
DEPT.
24207 AVR INC CEMENT-STREET MAINTENANCE. 2147.67
24208 LINDA BAHLEY TRANSCRIPTION MACHINE PAPER- 45.85
ADMINISTRATION DEPT.
3858448
SEPTEMBER 6, 1994 10.
SEPTEMBER 6, 1994 VI
24209 PATRICIA BARKER OFFICE SUPPLIES-HUMAN RESOURCES DEPT. 14.60
24210 BATTERIES PLUS BATTERY-POLICE DEPT. 45.78
24211 B & S TOOLS RATCHET WRENCH/IMPACT SOCKET/DRILL BIT/ 172.64
BELT LENGTH IDENTIFIER/BLO GUN-STREET
DEPT/FIRE DEPT/WATER DEPT/EQUIPMENT
MAINTENANCE.
24212 BECKER ARENA PRODUCTS INC SKATE TILE FLOORING-COMMUNITY CENTER. 170.24
24213 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 1012.51
24214 BIFFS INC AUGUST 94 WASTE DISPOSAL-ADA PROGRAM/PARK 4495.50
MAINTENANCE.
24215 BLACK & VEATCH SERVICE-WATER TREATMENT PLANT EXPANSION. 1461.48
24216 BLEVINS CONCESSION SUPPLY COMPANY CONCESSIONS STAND SUPPLIES-ROUND LAKE 2779.98
PARK/COMMUNITY CENTER.
24217 BLAYLOCK PLUMBING SERVICE-LOWERING CITY SEWER STUB FOR 6065.00
SEWER LINE-HOUSING REHABILITATION PROGRAM.
24218 CITY OF BLOOMINGTON JULY 94 KENNEL COSTS-ANIMAL CONTROL DEPT. 398.00
24219 BLUE BELL ICE CREAM CO CONCESSION STAND SUPPLIES-ROUND LAKE PARK. 118.00
24220 ELIZABETH BOWDEN REFUND-OVERPAYMENT UTILITY BILLING. 51.56
24221 BOYER FORD TRUCKS INC COVERS-EQUIPMENT MAINTENANCE. 50.61
24222 BRAUN INTERTEC CORPORATION SERVICE-GEORGE MORAN DRIVE SIDEWALK/RILEY 5139.38
LAKE PARK CONSTRUCTION TESTING/WEST 82ND
ST.
24223 BROADWAY AWARDS BOCCE BALL TROPHIES-ORGANIZED ATHLETICS 142.71
PROGRAM.
24224 BROWN & CRIS INC SERVICE-BLUE STEM LANE REPAIRS-STORM 30117.99
DRAINAGE PROGRAM.
24225 PAUL BROWN SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 433.50
24226 BRYAN ROCK PRODUCTS INC GRAVEL-MILLER PARK. 592.72
24227 NATHAN BUCK SERVICE-SOFTBALL OFFICIAL/VOLLEYBALL 544.00
OFFICIAL/FEES PAID.
24228 CAPITOL COMMUNICATIONS AUGUST 94 MAINTENANCE AGREEMENT-POLICE 2186.55
DEPT/HOLE PUGS-EQUIPMENT MAINTENANCE.
24229 JIM CARLSON LEASING CO PASSENGER VAN RENTAL-SUMMER SKILL 314.02
DEVELOPMENT PROGRAM/OUTDOOR CENTER
PROGRAM.
24230 CARLSON REFRIGERATION CO INC COOLER SHELVING UNITS-LIQUOR STORE II/ 386. 14
LIQUOR STORE III.
24231 CCP INDUSTRIES INC LEATHER PALM GLOVES-PARK MAINTENANCE. 56.49
24232 CEDAR COMPUTER CENTER INC COMPUTER SOFTWARE-FINANCE DEPT/ASSESSING 22170.24
DEPT.
24233 CENTRAIRE INC FURNACE AIR SUPPLY REGISTER INSTALLED- 298.24
POLICE DEPT/WATER LEAK REPAIR-POLICE BLDG/
REPLACED FILTER/TIME CLOCK RESET-PUBLIC
WORKS BLDG/COMPRESSOR REPAIR-POLICE BLDG.
24234 JAMES G CLARK AUGUST 94 CAR ALLOWANCE-POLICE DEPT. 200.00
24235 CLARKS STUMP REMOVAL SERVICE-STUMP REMOVAL/BLACK DIRT-FORESTRY 356.78
DEPT.
24236 CLEAN SWEEP INC STREET SWEEPING-STREET MAINTENANCE. 8040.58
24237 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-REMODELING SENIOR CITIZENS CENTER. 475.00
24238 CO2 SERVICES PROPANE CYLINDER RENTAL-COMMUNITY CENTER. 35.00
8832524
SEPTEMBER 6, 1994 11.
SEPTEMBER 6, 1994 VI
24239 COMMERCIAL ASPHALT CO ASPHALT OVERLAYS-STREET MAINTENANCE. 42051 .82
24240 CONCEPT MICRO IMAGING MICROFILMING-FINANCE DEPT. 649.59
24241 JOYCE CONLEY EXPENSES FOR OPEN HOUSE/PERSONAL STORAGE 202.82
SET UP SUPPLIES-POLICE DEPT.
24242 CONNEY SAFETY PRODUCTS EYEGLASS STRAPS & CORDS-SAFETY DEPT/ 503.22
TISSUES/EYE WASH/SILICONE TREATED CLOTHS/
FLASHLIGHTS-WATER DEPT.
24243 CONSTRUCTION MATERIALS INC EROSION CONTROL MATS/CURE RESIN/CURB & 362. 10
GUTTERS-STREET MAINTENANCE.
24244 CONTECH CONST PRODUCTS INC CULVERT BANDS/CULVERTS-MILLER PARK. 527. 17
24245 CONTINENTAL SAFETY EQUIP INC RAIN BIB OVERALLS-STREET DEPT. 62.39
24246 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT/ 110.48
COMMUNITY DEVELOPMENT DEPT.
24247 JEFFREY CORDES MILEAGE-FORESTRY DEPT. 72.80
24248 CORNERSTONE ADVOCACY SERVICE 2ND QTR 94 SERVICE FOR BATTERED WOMEN. 2000.00
24249 CLIFF CRACAUER MILEAGE-EQUIPMENT MAINTENANCE. 92.40
24250 CSC CREDIT SERVICES INC SERVICE-INVESTIGATION-POLICE DEPT. 10.00
24251 CULLIGAN - METRO SOFTENER TANK SERVICE-OUTDOOR CENTER. 34.70
24252 HARLEY CURRIER MEETING EXPENSES/CONFERENCE-BLDG 33.22
INSPECTIONS DEPT.
24253 CUSTOM REFRIGERATION INC ICE MAKER REPAIR-FIRE STATION. 71.00
24254 CUSTOM HEADSETS INC VOICE TUBE-POLICE DEPT. 10.46
24255 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT PLANT. 15062. 18
24256 DALCO CLEANING SUPPLIES-WATER DEPT. 42.48
24257 DANKO EMERGENCY EQUIPMENT CO 8 FIRE PROTECTIVE PANTS & JACKETS-FIRE 5656.00
DEPT.
24258 DAY-TIMERS INC OFFICE SUPPLIES-COMMUNITY DEVELOPMENT 44. 15
DEPT.
24259 DAVIES WATER EQUIPMENT CO METER CABLES-WATER DEPT. 32.93
24260 DEM CON LANDFILL INC JULY 94 WASTE DISPOSAL-PARK MAINTENANCE. 258.50
24261 HILLARY DEPARDE SUPPLIES/ARTS CAMP INSTRUCTOR/WATERCOLOR 811 . 11
CAMP INSTRUCTOR/FEES PAID.
24262 DEPT OF PUBLIC SAFETY-OISM DATA PROCESSING MAINTENANCE-POLICE DEPT. 990.00
24263 DAN DESAULNIERS SERVICE-SOFTBALL OFFICIAL/FEES PAID. 272.00
24264 DOMINIC DEVAAN SERVICE-SOFTBALL OFFICIAL/FEES PAID. 595.00
24265 DONS SOD SERVICE SOD & INSTALLATION-PAVELKA PARK/SENIOR 2577.79
CENTER.
24266 DOUBLE A TRUCKING TRUCK RENTAL FOR OVERLAYS-STREET 1215.00
MAINTENANCE.
24267 DPC INDUSTRIES INC CHEMICALS-WATER DEPT. 1016.50
24268 WES DUNSMORE MEETING EXPENSES-PARK MAINTENANCE. 98.54
24269 DYNA SYSTEMS NUTS/BOLTS/DRILL BITS/THERMA CAPS/WIRE 1028.68
SEALING TAPE-WATER DEPT.
24270 E-Z GO TEXTRON GOLF CART RENTALS-JULY 4TH CELEBRATION. 150.00
24271 ECOLAB PEST ELIMINATION SVCS PEST CONTROL SERVICE-FIRE STATIONS/SENIOR 304.44
CENTER.
24272 EDEN PRAIRIE CHAMBER OF COMMERCE DUES-CITY HALL. 505.00
24273 EDEN PRAIRIE FORD SEAL RINGS REPLACED/INSTALLED SOLENOID- 74.90
EQUIPMENT MAINTENANCE.
24274 EDEN PRAIRIE SCHOOL DIST 272 BUS SERVICE-ACCESSIBILITY PROGRAM/SPECIAL 5896.87
TRIPS & EVENTS PROGRAM/TEEN WORK PROGRAM/
ART CAMP/CONFERENCES-CITY HALL/TRAINING
MATERIALS-HUMAN RESOURCES DEPT/ROOM
RENTAL-ARTS CAMP/PRESCHOOL PLAYGROUND/
COMMUNITY BAND.
8342624
SEPTEMBER 6, 1994 12.
SEPTEMBER 6, 1994 VI
24275 CITY OF EDINA JULY 94 WATER TESTS-WATER DEPT. 315.00
24276 EDINA S W PLUMBING WATER CLOSET REPAIR KIT-PUBLIC WORKS BLDG. 74.50
24277 EGGHEAD SOFTWARE COMPUTER SOFTWARE-FINANCE DEPT. 3107.55
24278 EKLUNDS TREE & BRUSH DISPOSAL JULY 94 BRUSH DISPOSAL-FORESTRY DEPT. 1650.00
24279 CHRIS ENGER AUGUST 94 CAR ALLOWANCE-COMMUNITY 200.00
DEVELOPMENT DEPT.
24280 ENTERPRISE DECORATING WELL HOUSE PAINTING/HYDRANT PAINTING- 118.50
WATER DEPT.
24281 ELVIN SAFETY SUPPLY INC HEADGEAR/CARBON MONOXIDE & NITROGEN 177.88
DIOXIDE DETECTOR TUBES-COMMUNITY CENTER.
24282 RON ESS SERVICE-HOCKEY OFFICIAL/FEES PAID. 252.00
24283 ESS BROTHERS & SONS INC WATER VALVE COVERS/MANHOLE ADJUSTMENT 96.92
RINGS-STREET MAINTENANCE.
24284 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL. 63. 18
24285 FACILITY SYSTEMS INC INSTALLATION OF EXISTING PANELS-POLICE 3517.52
DEPT.
24286 FEDERAL EXPRESS CORPORATION POSTAGE-CITY HALL. 54.00
24287 FEED RITE CONTROLS INC CHLORINE- WATER TREATMENT PLANT. 3205.00
24288 FINLEY BROS ENTERPRISES TENNIS NETS-PARK MAINTENANCE. 894.60
24289 FIRST TRUST NATL ASSN ADMINISTRATIVE FEES/FOR BOND PAYMENTS. 2850.00
24290 FISHER ENTERPRISE BLACK DIRT-MILLER PARK. 1557.03
24291 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT. 159.80
24292 FORESTRY SUPPLIERS INC MEASURING TAPES/FLUORESCENT PAINT/MARKERS/ 695.84
MOISTURE PROBE/BINOCULARS-FORESTRY DEPT.
24293 FIRE FINDINGS SUBSCRIPTION-BLDG INSPECTIONS DEPT. 34.00
24294 PAUL FRANK SERVICE-SOFTBALL OFFICIAL/FEES PAID. 119.00
24295 LYNDELL FREY MILEAGE-YOUTH RECREATION PROGRAM 163.35
SUPERVISOR/GAS-SPECIAL TRIPS & EVENTS
PROGRAM.
24296 G T LAWN SERVICE JULY 94 MOWING SERVICE-PLEASANT HILLS 300.00
CEMETERY.
24297 GARTNER REFRIGERATION & MFG INC RINK START-UP/PUMP LEAK REPAIR/FREON 2568.55
ADDED/VIBRATION ELIMINATOR REPAIR/
CONDENSER REPAIR/REPLACED TIME DELAY
CONTROL-ICE ARENA-COMMUNITY CENTER.
24298 BRADFORD W GASPAR SERVICE-ARTS CAMP INSTRUCTOR/FEES PAID. 139.75
24299 GIRARDS BUSINESS MACHINES INC CHECK SIGNER MAINTENANCE AGREEMENT- 198.00
FINANCE DEPT.
24300 GN NETCOM HEADSET REPAIR-CITY HALL. 35.25
24301 GOODYEAR COMMERCIAL TIRE & SVC TIRES/TIRE REPAIR-EQUIPMENT MAINTENANCE. 3051 . 14
24302 W W GRAINGER INC V-BELT/HALOGEN LEAK DETECTOR/RECEPTACLE 565. 18
BOX/MAINTENANCE KIT/HANDY BOX-EQUIPMENT
MAINTENANCE/STOCK BOXES/SHELF BINS-
EQUIPMENT MAINTENANCE.
24303 GROVE NURSERY CENTER SHREDDED BARK MULCH-PARK MAINTENANCE/ 323.76
HOMEWARD HILLS PARK.
24304 GTE DIRECTORIES CORPORATION ADVERTISING-LIQUOR STORES. 46.00
24305 DEE GUSTIN SUPPLIES-TEEN WORK PROGRAM. 124.47
24306 HACH COMPANY LAB SUPPLIES-WATER TREATMENT PLANT. 32.60
24307 JASON HALVORSEN SERVICE-YOUTH ATHLETICS SUPERVISOR/FEES 36.00
PAID.
2672637
SEPTEMBER 6, 1994 13.
SEPTEMBER 6, 1994 VI
24308 HANCO CORPORATION CHEETAH BEAD SEATER-EQUIPMENT MAINTENANCE. 318.44
24309 HANSEN THORP PELLINEN OLSON INC SERVICE-VILLAGE KNOLLS 2ND ADDITION/ 4081.69
RIVERVIEW HEIGHTS/CSAH 18 DRAINAGE
IMPROVEMENTS/BACHMANS-EP/PARK PROPERTY
BOUNDARY.
24310 TIMOTHY HASENSTEIN SERVICE-ARTS CAMP INSTRUCTOR/FEES PAID. 195.00
24311 ALBERT HEISENFELT SERVICE-ARTS CAMP INSTRUCTOR/FEES PAID. 200.00
24312 LAURIE HELLING MILEAGE-RECREATION ADMINSTRATION. 52.08
24313 HENNEPIN COUNTY TREASURER PROPERTY OWNER LABEL LISTS-COMMUNITY 170.00
DEVELOPMENT DEPT.
24314 HENNEPIN COUNTY JULY 94 WASTE DISPOSAL-PARK MAINTENANCE. 563.37
24315 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT/HOUSING 316.00
REHABILITATION PROGRAM.
24316 HENNEPIN TECHNICAL COLLEGE TRAINING MATERIALS-HUMAN RESOURCES DEPT. 308.56
24317 D C HEY COMPANY INC COPIER MAINTENANCE AGREEMENT-FIRE DEPT. 47.25
24318 TODD HOLLAND SERVICE-YOUTH ATHLETICS SUPERVISOR/FEES 36.00
PAID.
24319 HONEYWELL INC AUGUST 94 INDUSTRIAL MAINTENANCE 1998.00
AGREEMENT-WATER TREATMENT PLANT.
24320 HONEYWELL PROTECTION SERVICES CHANGE LOCK CODES/DELETE MOTION SENSOR- 530.00
SENIOR CENTER/4TH QTR SECURITY
MAINTENANCE AGREEMENT-LIQUOR STORE II.
24321 HORIZON GRAPHICS INC CUTTING-FAMILY CARE DIRECTORIES-COMMUNITY 58.50
SERVICES DEPT.
24322 THE HOWE COMPANY FERTILIZER-MILLER PARK. 1828.97
24323 ICMA PUBLICATION-ADMINISTRATION DEPT. 17.50
24324 INFRATECH TELEVISED SERVICE LINE-SEWER DEPT. 450.00
24325 INSTY-PRINTS STATIONERY-HUMAN RESOURCES DEPT. 17.25
24326 IPMA DUES-HUMAN RESOURCES DEPT. 90.00
24327 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 153.00
24328 JERRYS NEWMARKET EXPENSES-FIRE DEPT. 25.86
24329 CHRIS JESSEN SERVICE-SOFTBALL OFFICIAL/FEES PAID. 340.00
24330 JOHNSON/ANDERSON INC ENVELOPES-ELECTIONS DEPT. 21.30
24331 N CRAIG JOHNSON MAI SERVICE-REAL ESTATE APPRAISAL FOR UTILITY 600.00
TRUNK LINE.
24332 JUSTUS LUMBER CO TREATED TIMBERS/SPIKES-PURGATORY CREEK 547.89
TRAIL.
24333 JASON KAPSNER SERVICE-YOUTH ATHLETICS SUPERVISOR/FEES 56.00
PAID.
24334 PAM KLOOS REIMBURSEMENT FOR ANIMALS PROGRAM SPEAKER- 90.00
SPECIAL TRIPS & EVENTS PROGRAM.
24335 HEATHER KOHNEN SUPPLIES-ARTS CAMP PROGRAM. 6.94
24336 TERRY KUCERA SUPPLIES/MILEAGE-COMMUNITY SERVICES DEPT. 38.80
24337 JILL KUYAVA SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 204.00
24338 KUSTOM SIGNALS INC REMOTE CONTROLS-POLICE DEPT. 77.79
24339 LAB SAFETY SUPPLY LATEX GLOVES-WATER TREATMENT PLANT. 125.01
24340 LAKE COUNTRY DOOR GARAGE DOOR REPAIR-FIRE STATION/PUBLIC 194.87
WORKS BLDG.
24341 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1945.35
24342 ROBERT LAMBERT MEETING EXPENSES/DUES/AUGUST 94 CAR 367.50
ALLOWANCE-PARK & RECREATION DEPT.
1607292
SEPTEMBER 6, 1994 14.
SEPTEMBER 6, 1994 VI
24343 LANG PAULY & GREGERSON LTD JULY 94 PROSECUTION SERVICE-$8197-POLICE 10218.80
DEPT/JULY 94 LEGALSERVICE-$173-INTERSTATE
DIESEL LITIGATION/JUNE 94 LEGAL SERVICE-
$396 TEMAN & $1462-CENTRUM INC.
24344 LANO EQUIPMENT INC ASPHALT PICK FOR OVERLAYS/ANGLE BROOM 562.24
RENTAL/BOBCAT SET-UP-STREET MAINT/
ELEMENTS-EQUIPMENT MAINTENANCE.
24345 L LEHMAN & ASSOCIATES INC JULY 94 SERVICE-FLYING CLOUD LANDFILL. 793.21
24346 LOES OIL COMPANY DISPOSAL OF USED OIL FILTERS-EQUIPMENT 60.00
MAINTENANCE.
24347 LOFFLER BUSINESS SYSTEMS INC DICTAPHONE CASSETTES-PARK MAINTENANCE. 11.98
24348 LOGIS JULY 94 SERVICE. 12621.76
24349 LUNDS EXPENSES-FIRE DEPT. 6.00
24350 LYMAN LUMBER CO LUMBER FOR BIKE RACK-CITY HALL. 12.35
24351 LYNNE HOMES INC REFUND-BUILDING PERMIT. 103.00
24352 MACQUEEN EQUIPMENT INC HYDRAULIC MOTOR-EQUIPMENT MAINTENANCE/ 21217.44
PLOW PACKAGE FOR DUMP TRUCK-STREET DEPT.
24353 MARINE RESCUE PRODUCTS INC VIDEO CASSETTES-POOL LESSONS. 83.45
24354 TIM MARPE SERVICE-SUBSTITUTE COMMUNITY BAND 75.00
DIRECTOR.
24355 JIM MARSHALL SERVICE-SOFTBALL OFFICIAL/FEES PAID. 433.50
24356 MASYS CORPORATION SEPTEMBER COMPUTER SOFTWARE & HARDWARE 1429.70
MAINTENANCE AGREEMENT-POLICE DEPT.
24357 MATTS AUTO SERVICE INC TOWING SERVICE-STREET MAINTENANCE. 63.90
24358 MAXI-PRINT INC PRINTING-FORMS/BUSINESS CARDS-POLICE DEPT. 2222.91
24359 MCGLYNN BAKERIES INC EXPENSES-SPECIAL TRIPS & EVENTS PROGRAM/ 86.90
SENIOR CENTER/POOL LESSONS/WATER DEPT.
24360 MCGLYNN BAKERIES INC EXPENSES-FIRE DEPT. 9.38
24361 MCGLYNN BAKERIES INC EXPENSES-POLICE DEPT/SENIOR CENTER/POOL 47.10
LESSONS.
24362 MATT MEAD SERVICE-YOUTH ATHLETICS SUPERVISOR/FEES 168.00
PAID.
24363 BEN MEADOWS CO INC DATASCOPE & CASE/BOOK-FORESTRY DEPT. 536. 16
24364 MEDICINE LAKE LINES BUS SERVICE-ADULT PROGRAMS. 199.00
24365 METRO ATHLETIC SUPPLY WHEEL LIME MACHINE-PARK MAINTENANCE. 287.50
24366 METRO LEGAL SERVICES INC TRACT SEARCH-HOUSING REHABILITATION 40.00
PROGRAM.
24367 METRO SALES INC COPIER PARTS-COMMUNITY CENTER. 40. 16
24368 MIDWEST ASPHALT CORP PAVING MACHINE RENTAL/ASPHALT OVERLAY/ 27490. 12
PATCHING & SEALCOATING MIX-STREET MAINT/
MILLER PARK.
24369 MIDWEST COCA-COLA BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY 3031 .00
CENTER.
24370 MIDWEST MACHINERY INC FUEL PUMP/GASKET/SEAL KIT/CONTROL 244.34
SOLENOID REPLACED-EQUIPMENT MAINTENANCE.
24371 MINNCOMM PAGING AUGUST 94 PAGER SERVICE-UTILITIES 44.46
DIVISION.
24372 MINNEAPOLIS SPRING & BODY LOAD LEVELOR AIR KIT-STREET DEPT. 527.44
24373 MINNESOTA BLUEPRINT BLUE LINE PRINTS/SEPIA PAPER/BLUEPRINT 497.83
MACHINE REPAIR-ENGINEERING DEPT.
8316463
SEPTEMBER 6, 1994 15.
SEPTEMBER 6, 1994 VI
24374 MINNESOTA BUSINESS FORMS RECEIPT FORMS-FINANCE DEPT. 463.37
24375 MN CHAPTER IAAI DUES-POLICE DEPT. 10.00
24376 MN CONWAY FIRE & SAFETY RECHARGING FIRE EXTINQUISHERS/FIRE 275. 12
EXTINQUISHERS/O-RINGS/VALVE STEMS-POLICE
DEPT.
24377 MN VETERINARY DIAGNOSTIC LAB RABIES EXAM-ANIMAL CONTROL DEPT. 15.00
24378 MINT CONDITION DETAILING VEHICLE CLEANING-EQUIPMENT MAINTENANCE. 125.00
24379 MOORE MEDICAL CORP 1ST AID RESCUE EQUIPMENT-FIRE DEPT. 323.58
24380 MTI DISTRIBUTING CO YOKE WELDMENT/WATER PUMP ASSEMBLY/GASKET/ 978.54
KEY SWITCH/STARTER-EQUIPMENT MAINTENANCE.
24381 JULIE MUELLER SERVICE-ART CAMP INSTRUCTOR/FEES PAID. 650.00
24382 WM MUELLER & SONS INC ASPHALT OVERLAY-STREET MAINTENANCE. 100029.01
24383 NATIONAL CAMERA EXCHANGE POLAROID FILM-POLICE DEPT. 1264.63
24384 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-HUMAN RESOURCES DEPT. 456. 14
24385 WILLIAM T NEWELL SERVICE-SOFTBALL OFFICIAL/FEES PAID. 726.50
24386 BETH NILSSON SERVICE-SKATING DIRECTOR/FEES PAID. 853.99
24387 NORTH COAST MEDICAL INC OFFICE SUPPLIES-CITY HALL. 26.45
24388 NORTH MEMORIAL MEDICAL CENTER SCHOOL-POLICE DEPT. 316.00
24389 NORTHERN HYDRAULICS INC STEEL TANK-EQUIPMENT MAINTENANCE. 51. 11
24390 NORTHLAND BUSINESS COMMUNICATIONS DRUM REPAIR-POLICE DEPT. 244.95
24391 NOTT COMPANY BASE-WATER TREATMENT PLANT. 13.36
24392 SCOTT OMMEN MILEAGE-FORESTRY DEPT. 132.72
24393 HARRY H ORTLOFF SERVICE-SOFTBALL OFFICIAL/FEES PAID. 170.00
24394 OWENS SERVICES CORPORATION REPAIR KIT-COMMUNITY CENTER. 29.74
24395 P & H WAREHOUSE SALES INC REMOTE CONTROL PACKAGE-PARK MAINTENANCE. 1810.50
24396 PAPERDIRECT INC BUSINESS CARDS/POLICE DEPT/LETTERHEAD- 55.90
COMMUNITY SERVICES DEPT.
24397 CHARLES J PAPPAS SERVICE-MANAGEMENT STUDY-COMMUNITY CENTER. 2000.00
24398 PARK NICOLLET MEDICAL CENTER STRESS TESTS-HUMAN RESOURCES DEPT. 20.00
24399 PARROTT CONTRACTING INC WATER SERVICE REPAIR-8826 HIDDEN OAKS DR- 1998.50
WATER DEPT.
24400 KIRBY PAULSON REIMBURSEMENT OF DIFFERENCE BETWEEN CLASS 19.00
A & CLASS C LICENSE-STREET MAINTENANCE.
24401 PEAK STAFFING INC SERVICE-HUMAN RIGHTS COMMISSION. 648.00
24402 PEPSI COLA COMPANY CONCESSION STAND SUPPLIES-RINK RINKS 153.95
PROGRAM.
24403 PIONEER RIM & WHEEL CO EQUALIZER BOLTS & BRACKETS/RIMS-EQUIPMENT 550.78
MAINTENANCE.
24404 PITNEY BOWES INC INK CARTRIDGES/POSTAGE METER RENTAL/ 886.70
MAILING MACHINE EQUIPMENT MAINTENANCE
AGREEMENT/MOISTENER FOR MAILING MACHINE
RENTAL.
24405 PLEHAL BLACKTOPPING INC TRUCK RENTAL/PAVER RENTAL-STREET 4187.50
MAINTENANCE.
24406 BETT POTAZEK ART EASEL-ADAPTIVE RECREATION PROGRAM. 13.89
24407 POWERTEX SPORTSWEAR INC T-SHIRTS/TANK TOPS/STAFF SHIRTS-AFTERNOON 6427.60
PLAYGROUND PROGRAM/SPORTS CAMP/TENNIS
PROGRAM/ORGANIZED ATHLETICS PROGRAM/
RECREATION ADMINISTRATION/POOL LESSONS/
COMMUNITY CENTER.
12592753
SEPTEMBER 6, 1994 16.
SEPTEMBER 6, 1994 VI
24408 PRECISION BUSINESS SYSTEMS INC HEADSET-SENIOR CENTER. 41.91
24409 PRINTERS SERVICE INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER. 42.00
24410 THE PROMOTION GROUP JACKETS WITH CITY LOGO-SAFETY INCENTIVE 371.04
PROGRAM.
24411 FRED PRYOR SEMINARS SCHOOL-POLICE DEPT. 199.00
24412 QUALITY FLOW SYSTEMS INC START CAPACITORS & RELAYS-SEWER DEPT. 275. 11
24413 QUALITY WASTE CONTROL INC AUGUST 94 WASTE DISPOSAL SERVICE- 883.97
FACILITIES DEPT/WATER TREATMENT PLANT.
24414 LEE RAY SERVICE-SOFTBALL OFFICIAL/FEES PAID. 714.00
24415 RC IDENTIFICATIONS INC LETTER POUCHES-POLICE DEPT. 79.88
24416 RESURRECTION LIFE CHURCH REFUND-UNUSED PORTION OF DEVELOPERS 1000.00
AGREEMENT DEPOSIT.
24417 THE RETAIL MARKETING GROUP DUES-LIQUOR STORE III. 50.00
24418 RICHARDS ASPHALT COMPANY SEALCOATING MIX-STREET MAINTENANCE. 708.75
24419 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-TRUNK WATERMAIN/SINGLETREE 50709.94
WATERMAIN/WATER TOWER/GOLDEN RIDGE RD
FEASIBILITY STUDY/RECONSTRUCTION OF OLD
CITY WEST PKWY/RILEY LAKE PK CONSTRUCTION.
24420 RITZ CAMERA FILM/FILM PROCESSING-PARK PLANNING DEPT/ 80.49
COMMUNITY DEVELOPMENT DEPT/FIRE DEPT.
24421 THE S T ROBB CO CLEANING SUPPLIES-WATER TREATMENT PLANT. 364.61
24422 CHARLIE ROCKLER KEYBOARD REPAIR-COMMUNITY BAND. 46.42
24423 ROLLINS OIL CO UNLEADED FUEL-EQUIPMENT MAINTENANCE. 7822.55
24424 ROLLINS PIN BAKERY INC CONCESSION STAND SUPPLIES-COMMUNITY 295.68
CENTER.
24425 RUFF-CUT CUTTING OF WEEDS-FORESTRY DEPT. 120.00
24426 S & B MFG CO INC SPARK PLUGS/ZAMBONI REPAIR-COMMUNITY 115. 14
CENTER.
24427 ST JOSEPHS EQUIPMENT INC STEEL DRUM ROLLER RENTAL-STREET 457.95
MAINTENANCE.
24428 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT/ 2314.09
COMMUNITY CENTER.
24429 THE SAUNDERS GROUP INC LUMBAR ROLL/SPORTALL-SAFETY DEPT. 89.34
24430 COLIN D SCHMIDT MEETING EXPENSES/MILEAGE-ASSESSING DEPT. 110. 16
24431 SEARS 2 GAS RANGES-FIRE DEPT. 1535.74
24432 SEH SERVICE-WATER QUALITY INITIATIVE GRANT 814.86
APPLICATION.
24433 SHIFTWORKER NEWS SUBSCRIPTION-WATER DEPT. 67.50
24434 ALAN SHILEPSKY CONSULTING INC COMPUTER SOFTWARE SUPPORT-EQUIPMENT 202.50
MAINTENANCE.
24435 SIMUNITION MARKING CARTRIDGES-POLICE DEPT. 180.00
24436 STEVEN R SINELL MEETING EXPENSES/JULY 94 CAR ALLOWANCE- 208.00
ASSESSING DEPT.
24437 DIANE SINGLETON PHOTO ALBUM WORKSHOP INSTRUCTOR-SENIOR 5.00
PROGRAMS.
24438 MARLENE SMITH SUPPLIES-ACTIVITY CAMP. 14.66
24439 WILBUR W SCHULTZ SERVICE-SOFTBALL OFFICIAL/FEES PAID. 748.00
24440 PETER N SMITH SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 187.00
24441 W GORDON SMITH CO GAS/GREASE/OIL/-EQUIPMENT MAINT/PARK 544.87
MAINT/WATER DEPT/COMMUNITY CENTER.
7140016
SEPTEMBER 6, 1994 17.
SEPTEMBER 6, 1994 VI
24442 SNAP-ON TOOLS CORPORATION SOCKETS/SCREWDRIVER/EXTRACTORS/ADAPTER/ 97.87
WRENCH-EQUIPMENT MAINTENANCE.
24443 SOUTHWEST CORRIDOR TRANSPORTATION DUES-CITY COUNCIL. 3750.00
24444 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-PARK MAINT/HEALTH & 107. 10
FITNESS CENTER.
24445 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL/ADVERTISING- 725.81
LIQUOR STORES.
24446 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPT/UTILITIES 935.76
DIVISION.
24447 SYSTECH SERVICES COMPUTER SOFTWARE/MONITOR REPLACED-POLICE 284.00
DEPT.
24448 EMMETT STARK SERVICE-COMMUNITY BAND DIRECTOR. 935.00
24449 DAN STENSON SERVICE-SOFTBALL OFFICIAL/FEES PAID. 518.00
24450 KIRK STIEFF RECOGNITION TRAYS-HUMAN RESOURCES DEPT. 366.05
24451 STOFFEL SEALS CORP FIRE BADGES-FIRE PREVENTION SUPPLIES-FIRE 238.04
DEPT.
24452 STREICHERS PROFESSIONAL POLICE EQ BALLISTIC VESTS/AMMUNITION/DOOR OPENING 5735.12
TOOL/DASHLIGHT/STROBE LIGHTS-POLICE DEPT/
EQUIPMENT MAINTENANCE.
24453 STRGAR ROSCOE FAUSCH INC SERVICE-PRESERVE BLVD & ANDERSON LKS PKWY. 1058.59
24454 STRINGER BUSINESS SYSTEMS INC COPIER MAINTENANCE AGREEMENT-CITY HALL. 82.42
24455 DAVID STROOTMAN MILEAGE-FORESTRY DEPT. 88.20
24456 STOREFRONT/YOUTH ACTION INC 2ND QTR 94 YOUTH COUNSELING & REFERRAL 1375.00
SERVICES.
24457 SUCCESSORIES POSTERS-HUMAN RESOURCES DEPT. 161.59
24458 SUTER ELECTRONICS TV/VCR REPAIR-POLICE DEPT. 83.59
24459 TARGET STORES GIFT CERTIFICATES-SAFETY DEPT/RACQUETBALL 85.63
RACQUET/BASEBALL GLOVE/WRISTGUARD/
CASSETTE TAPES-ADAPTIVE RECREATION
PROGRAM.
24460 TELEVSION EQUIPMENT ASSOCIATES IN HEADSET/HAND SWITCH/ADAPTER-POLICE 554.02
FORFEITURE-DRUGS.
24461 JEANE THORNE INC SERVICE-BLDG INSPECTIONS DEPT/ASSESSING 3721.98
DEPT.
24462 TIE SYSTEMS INC-MN PHONES & INSTALLATION-CITY HALL. 1421.64
24463 JIM TORNOE EXPENSES-SUMMER SKILL DEVELOPMENT PROGRAM. 236.22
24464 TRIARCO ARTS & CRAFTS INC CRAFT SUPPLIES-ARTS CAMP/DAY CAMP. 64.08
24465 E JOHN TROMBLEY SERVICE-SOFTBALL OFFICIAL/FEES PAID. 595.00
24466 TURF SUPPLY COMPANY GRASS SEED-MILLER PARK. 6105.65
24467 TWIN CITY AREA LABOR-MGMT COUNCIL MEETING EXPENSES-HUMAN RESOURCES DEPT. 50.00
24468 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-EQUIPMENT MAINTENANCE. 249.48
24469 TWIN CITY VACUUM BRUSHES-FACILITIES DEPT. 29.35
24470 UNIFORMS UNLIMITED UNIFORMS/BARRICADE TAPE/FIRST DEFENSE 659.31
SUPPLIES-POLICE DEPT.
24471 UNITED LABORATORIES INC CLEANING SUPPLIES-UTILITIES DIVISION. 1050. 16
24472 UNLIMITED SUPPLIES INC DRILL BITS/DRILLS-EQUIPMENT MAINT. 434.01
24473 UNIVERSITY OF MINNESOTA SERVICE-SOIL TESTING-PARK MAINTENANCE. 60.00
24474 VALUE RECREATION INC STEEL SWING HANGER-STARING LK PARK. 292.52
24475 STEVE VERNSTROM ROCKCLIMBING INSTRUCTOR-OUTDOOR CENTER 114.00
PROGRAM.
3226519
SEPTEMBER 6, 1994 18.
SEPTEMBER 6, 1994 VI
24476 VISION ENERGY PROPANE CYLINDER RENTAL-COMMUNITY CENTER. 216.23
24477 VOLUNTEER FIREMENS BENEFIT ASSN INSURANCE PREMIUM-FIRE DEPT. 296.00
24478 VOSS LIGHTING LIGHT BULBS-FACILITIES DEPT/SIGNAL LIGHT 668.07
LAMPS-STREET DEPT.
24479 WAL-MART 3 RING NOTEBOOKS-YOUTH RECREATION 42.00
PROGRAMS/CLAY PIGEONS-POLICE DEPT.
24480 JEFF WALZ SERVICE-REDESIGNING OF COMMUNITY BROCHURE 125.00
FRONT COVER.
24481 WARNING LITES OF MN SAFE HITS CONES-STREET DEPT. 500.00
24482 WASTE MGMT-SAVAGE AUGUST 94 WASTE DISPOSAL-LIQUOR STORE I. 96.56
24483 WATER SPECIALTY OF MN-INC CHEMICALS/HOOK-COMMUNITY CENTER. 411 .56
24484 WATERPRO METER READER=$4527/SPANNER WRENCH/ 13579.63
SECURITY SOCK DRIVE/CURB BOX RISERS/5/8X3/
4 1000 GAL METERS/TOUCHPADS/MASONRY
SAWBLADE/CEMENT/MAIN & DRAIN VALVES/
PLASTIC ROD SEAL/SCREWS/PVC PIPE GASKET/
CONDUIT WIRE/FLANGE KIT/COUPLINGS/
EXTENSION HOSE/PRESURE REGULATORS-WATER
DEPT/STREET DEPT/PARK MAINT/ONE RADIO AMR
MODULE-WATER DEPT.
24485 PAUL WELIN SERVICE-SOFTBALL OFFICIAL/FEES PAID. 314.50
24486 ERIC WENKUS SERVICE-YOUTH ATHLETICS PROGRAM 76.00
SUPERVISOR.
24487 WEST SUBURBAN MEDIATION CENTER 2ND QTR 94 MEDIATION SERVICE. 625.00
24488 WEST SUBURBAN IRRIGATION INC SPRINKLER SYSTEM REPAIR DUE TO STORM 579.00
SEWER IMPROVEMENTS.
24489 WEST WELD CONNECTOR/CONDUIT-EQUIPMENT MAINTENANCE. 337.40
24490 LOIS WILDER MEMOIR WRITING INSTRUCTOR-SENIOR PROGRAMS. 135.00
24491 WORLD DRYER MOTOR BRACKET-COMMUNITY CENTER. 238. 15
24492 WRIGHT LINE INC HANGING DISKETTE FILES-FINANCE DEPT. 42.60
24493 XEROX CORPORATION TYPEWRITER WHEELS-FINANCE DEPT. 73.20
24494 JIM ZAIC MEETING EXPENSES-BUILDING INSPECTIONS 34.01
DEPT.
24495 FRED ZIOLA SERVICE-SOFTBALL OFFICIAL/FEES PAID. 629.00
24496 EAGLE WINE CO LIQUOR & WINE. 3442.20
24497 GRIGGS COOPER & CO INC LIQUOR. 30834.65
24498 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE. 36255.60
24499 PAUSTIS & SONS CO WINE. 454.55
24500 ED PHILLIPS & SONS CO LIQUOR & WINE. 34484.77
24501 PRIOR WINE CO WINE/4956. 6748.55
24502 QUALITY WINE & SPIRITS CO LIQUOR & WINE. 23010.91
24503 THE WINE COMPANY WINE. 181.73
24504 WINE MERCHANTS WINE. 178.25
24505 WORLD CLASS WINES INC STORE II. 76.00
11000 AMERICAN BANK BOND PAYMENTS. 168381.25
22000 MN DEPT OF REVENUE PAYROLL 07-22-94. 18122.01
22000 MN DEPT OF REVENUE PAYROLL 08-05-94. 17928.55
22000 MN DEPT OF REVENUE PAYROLL 08-19-94. 18027.95
33000 CITY COUNTY CREDIT UNION PAYROLL 08-05-94. 9985.46
33000 CITY COUNTY CREDIT UNION PAYROLL 08-19-94. 9935.46
39706680
SEPTEMBER 6, 1994 19.
SEPTEMBER 6, 1994 VI
44000 MN DEPT OF REVENUE JULY 94 SALES TAX. 41909.00
23065 VOID OUT CHECK 50.00-
23457 VOID OUT CHECK . 21.00-
23580 VOID OUT CHECK . 131.50-
23614 VOID OUT CHECK 76.68-
23642 VOID OUT CHECK 13909.84-
23680 VOID OUT CHECK 59.90-
23744 VOID OUT CHE['x 78.00-
2758208 '
$1662756.01
SEPTEMBER 6, 1994 20.
17‘04/0: 20
PURGATORY CREEK ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, 1IINNESOTA
RESOLUTION NO. 94-
FINDINGS, CONCLUSIONS, AND DECISION
RE: PRELIMINARY PLAT OF PURGATORY CREEK ESTATES
The Council of the City of Eden Prairie makes the following
findings, conclusions and reasons in support of its decision in the
matter of the Preliminary Plat of Purgatory Creek Estates :
BACKGROUND
Post Construction ( "Post" ) is the owner of property located at
12381 Sunnybrook Road, Eden Prairie, Minnesota, legally described
as follows :
Tract G, RLS #751, on file and of record in
the office of the Registrar of Title, Hennepin
County, Minnesota,
hereafter referred to as (the "land" ) .
The land consists of 4 . 98 acres . Post applied to the City for
a Comprehensive Guide Plan change from Open Space to Low Density
Residential of two (2) acres, rezoning from Rural to R-1-13 .5
of the land and approval of a preliminary plat of the land into
seven (7) lots for single-family dwellings and one (1) outlot (the
"Preliminary Plat" ) . The Planning Commission considered the matter
on March 14, 1994 and recommended to the City Council denial of the
request for zoning district change and for Preliminary Plat
approval. The project was reviewed by the Park, Recreation and
Natural Resources Commission on March 21, 1994, which also
recommended denial of the project because of the wetland impacts .
FINDINGS AND CONCLVSIOwS
Flood Plain Alteration
1 . 2 . 9 acres of the land are situated within the Purgatory
Creek Flood Plain ( "Flood Plain" ) .
2 . The Preliminary Plat would require filling . 36 acres of
the Flood Plain with 1560 cubic yards of soil, which
would result in raising the elevation of that part of the
land filled from two (2) to ten (10) feet above the Flood
Plain.
L0 'd £T L06Z8Z T 9 NOSd3O3210 A-1111;0d ONt11 817: 0 T 18d t'6-Z -d3S
3 . Alteration of the land pursuant to the Preliminary Plat
would require a storm water facility designed and
constructed based upon National Urban Runoff Program
design criteria pursuant to City Code Section 11 . 55,
Subd. 7 . A. 10, which includes a permanent pond having a
surface area equal to two percent (2%) of the impervious
area draining to the pond or one percent (1%) of the
entire area draining to the pond, whichever amount is
greater, an average permanent pool depth of 4 to 10 feet,
a pool length to width ratio of 3 to 1 or greater, and a
minimum protective shelf extending 10 feet into the
permanent pool with a slope of 10 to 1 beyond which
slopes should not exceed 3 to 1 ( "NURP pond" ) .
4 . The Preliminary Plat provides for construction of the
NURP pond within the Flood Plain which would require
excavation in the Flood Plain.
5 . City Code Section 11 .45, Subd. 4 . B. and Subd. 5 . A.
provide that no land may be filled or excavated within a
flood plain without a permit from the City. A permit
authorizing such activity by the City may be given only
pursuant to a valid permit issued by the managers of a
Watershed District or the Minnesota Department of Natural
Resources to fill or excavate a Flood Plain. No permit
to authorize the filling of any part of the Flood Plain
has been issued by the managers of a Watershed District
or the Minnesota Department of Natural Resources .
Wetland Alteration
6 . 2 .85 acres of the land are situated within a wetland
"Wetland" ) .
7 . The Wetland is located within the Flood Plain.
8 . The Preliminary Plat provides for filling . 31 acre of the
Wetland and encroaching into an additional .06 acre of
Wetland.
9 . While a permit was given to Post by the Department of the
Army Corps of Engineers for filling .17 acres of the
Wetland, Post requested the Corps of Engineers to review
a new plan (encompassed within the Preliminary Plat) that
involves an additional .14 acre fill, and .06 acre
encroachment of the Wetland. Post was advised that the
new plan requires the Corps to issue another public
notice and to conduct a second public interest review.
Further, that the new proposal requires the Corps to look
again at the question of alternatives to the Wetland
encroachment . Previous approval relating to the .17
acres was predicated upon, among other things, minimal
-2-
80 'd £T L06Z8Z T 9 NOSN303210 Alnttd ONti1 817: 0 T I?Id t76-Z -d3S
fill and no additional Wetland impacts . The Corps went on
to advise that the original proposal revealed concerns
about adverse impacts and "it seems likely that the
greater wetland encroachment of the new proposal will
generate similar but greater concerns . " (See letter,
Corps of Engineers, dated February 28, 1994 to John Brian
Post) There is no evidence that the Corps of Engineers
has issued a permit for filling the additional Wetland.
10 . The Preliminary Plat is in conflict with City Code in the
following respects :
A. The Preliminary Plat is in conflict with the City's
zoning regulations (City Code Section 12 . 04, Subd.
5. C. 1 . ) . These include:
(i) The proposed filling and excavation of the
Flood Plain would be contrary to City Code
Section 11 .45, Subd. 4 . No permit to fill or
excavate the Flood Plain has been issued by
managers of the appropriate Watershed District
or the Minnesota Department of Natural
Resources .
(ii) The proposed filling and excavation in the
Flood Plain would be incompatible with
preservation of vegetation, marshes and wet
areas of the Flood Plain contiguous to
Purgatory Creek which are principal factors in
the maintenance of constant rates of water
flow and is prohibited by City Code Section
11 .45, Subd. 6. F. 3 .
(iii) Filling and excavating the Flood Plain and
Wetland (land alteration) is contrary to City
Code Section 11 .55, Subd. 5. C. because
(a) The physical characteristics of the Flood
Plain and Wetland with respect to
flooding, water storage and retention are
such that they are not suitable for
alteration or the use contemplated.
(b) The land alteration is likely to cause
substantial environmental damage.
(C) The land alteration will be detrimental
to the health and general welfare of the
public.
B. The Preliminary Plat is in conflict with other
provisions of City Code Section 12 .04, Subd. 5. C.
-3-
60 'd £T L06Z8Z T 9 NOSd3!3ND A1f1Hd niNt01 6b: 0 i I bd b6-Z -d3S
in the following respects :
(i) The Flood Plain and the Wetland are
susceptible to flooding, and the needs for
water storage and retention are such that it
is not suitable for the type of development or
use contemplated, i . e. , filling and
excavating.
(ii) The Flood Plain and the Wetland are not
physically suitable for the proposed density
of development .
(iii) Insofar as it includes the need to alter
portions of the Flood Plain and Wetland it is
likely to cause substantial environmental
damage .
(iv) The filling of portions of the Flood Plain and
the Wetland would be detrimental to the health
and general welfare of the public.
11 . Minnesota Statutes, §103G.222 expresses the policy of the
State of Minnesota with respect to the filling of
wetlands . That statute states that the first order of
priority is avoiding the direct or indirect impact of an
activity that may destroy or diminish a wetland, i .e. , a
no-fill alternative. The proposed filling of the wetland
would violate that public policy. The fifth order of
priority is that of replacing wetlands. Replacement must
be in the same watershed district and must be at the rate
of two (2) units of replacement for each unit of wetlands
lost . Post has not obtained a permit for, own, acquired,
or specifically identified replacement wetlands.
12 . A subdivision providing for five (5) lots on which
dwellings could be built would not require excavation in
the Flood Plain for the construction of a NURP pond.
13 . A subdivision which provides for five (5) lots on which
dwellings could be built, rather then the seven (7)
proposed, would avoid the need to fill the Wetland or the
Flood Plain and would be in accordance, and not conflict,
with City Code. A revised preliminary plat in the form
of Exhibit A, attached hereto and made a part hereof,
providing for five (5) lots on which dwellings could be
built, and one (1) outlot would avoid the need to fill
the Wetland or the Flood Plain and would be in
accordance, and not conflict, with City Code.
-4-
0 T .d £T LO6Z8Z T 9 NOSd393ND Alfltid ONti1 617: 0 T I NA b6-Z -d3S
DECISION
BE IT RESOLVED, by the Eden Prairie City Council as follows :
Based upon the foregoing findings and reasons the City
Council hereby denies approval of the Preliminary Plat, but
approves a preliminary plat as revised in accordance with
Exhibit A attached hereto and made a part hereof ( "Revised
Preliminary Plat" ) , subject to receipt of, and approval by,
the City Engineer of grading and utility plans, provided
however, the configuration of the Revised Preliminary Plat and
lot lines may be modified as necessary or appropriate so long
as such modification (a) does not result in a plat containing
more than five (5) lots on which dwellings could be
constructed, together with one (1) outlot, (b) would not
require any filling or excavation of the Flood Plain or the
Wetland, and (c) would not otherwise cause the Revised
Preliminary Plat to be in violation of any provision of the
City Code.
ADOPTED by the City Council on the th day of
1994 .
Douglas B. Tenpas, Mayor
(Seal)
ATTEST:
John D. Frane, Clerk
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EXHIBIT A
PUR(hiTORY CREEK ESTATES '
REVISED PRELIMINARY PLAT
DATE:
CITY COUNCIL AGENDA
September 6, 1994
SECTION: Ordinances & Resolutions
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Administration--C. Jullie, Resolution certifying proposed 1995 property
C. Dawson tax levy, accepting proposed 1995 budget, and VII. B
setting date(s) for Truth-in-Taxation hearing(s)
Requested Action:
It is recommended that the City Council adopt the resolution which:
1) Certifies the proposed 1995 net property tax levy to be $13,900,000;
2) Sets the "Truth-in-Taxation" public hearing for Tuesday, November 29, 1994 and, if
necessary, to reconvene the public hearing on Thursday, December 8, 1994; and
3) Accepts the proposed 1995 budget of $22,027,100 as reviewed by the Council on August
30, 1994.
Background:
Minnesota law and administrative rules prescribe a detailed process for public notification and
participation in setting taxes and budgets of local governments.
Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor.
The final tax levy may not exceed the proposed amount. Failure to meet this deadline results in no net
tax levy increase from 1994 to 1995. (Eden Prairie's 1994 net property tax levy was $12,824,100.) At
the same time, the City Council must accept a proposed budget for the coming year.
The City must also set a date for the "Truth-in-Taxation" hearing and a date to reconvene it (if
necessary). These dates may not conflict with the initial and reconvened hearing dates set by Hennepin
County, school districts, or the metropolitan taxing districts. As all of them get to set their dates before
we do, there are a very limited number of dates available. The dates of November 29 and December 8
are the most workable ones of us to be within the scheduled established by the Minnesota Department of
Revenue. The Council must adopt the tax levy and budget by December 20.
Attached Documents:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION ADOPTING THE CITY'S PROPOSED 1995 PROPERTY TAX LEVIES,
SETTING THE DATE(S) FOR THE "TRUTH-IN-TAXATION" HEARINGS,
AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND
TAX-SUPPORTED OBLIGATIONS FOR 1995
WHEREAS, the City Council of the City of Eden Prairie has reviewed the City
Manager's recommended 1995 budget and tax levies; and
WHEREAS, the City Council has decided to accept these recommendations at
this time,
NOW, THEREFORE, BE IT RESOLVED, that the City Council:
1) Established the following proposed taxes on real and personal
property within the City of Eden Prairie for the 1995 Budget:
Net Levy on Tax Capacity $13 , 493 , 000
Levy on Market Value 407, 000
Total NET LEVY $13 ,900, 000
(The NET LEVY excludes $642 , 272 in Homestead and Agricultural
Credit Aid [HACA] , and $692, 056 in distribution from the
Metropolitan Tax-Base Sharing Pool [Fiscal Disparities] )
The proposed total net levy may not be exceeded when the City
Council sets the final tax levy for 1995.
2) Sets the following dates for the "Truth-in-Taxation" public
hearings on the proposed 1995 tax levy and budget:
Public Hearing: Tuesday, November 29, 1994
7: 30 PM, Council Chamber
Eden Prairie City Center
8080 Mitchell Road
Reconvened Public Hearing: Thursday, December 8, 1994
Same time and location
If the public hearing is completed and closed on November 29, the
Council will consider action on the 1995 final tax levy and
budget at its regularly-scheduled meeting on December 6, 1994.
3) Accepts the 1995 proposed levy of $13,900, 000 and proposed budget
totalling $22 , 027, 100 at this time.
Adopted by the City Council September 6, 1994
Attest: Douglas B. Tenpas, Mayor
John D. Frane, City Clerk
DATE: Sept. 6, 1994
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: , C/
SECTION: Ordinances & Resolutions
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Street Name Change: Coneflower Lane to Cattail Court
Jim Richardson
Recommended Action:
Recommend changing a portion of Coneflower Lane to Cattail Court
Overview:
There are two intersections of Dell Road and Coneflower Lane causing confusion for motorists
and emergency personnel.
•
Item No. • C• /
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
BE IT ORDAINED by the Eden Prairie City Council that the following street shall be renamed:
FROM: Coneflower Lane
TO: Cattail Court
between Lot 9, Block 1, and Lot 40, Block 2, Summerfield Addition
FIRST AND FINALLY READ at a regular meeting of the City Council of the City of Eden
Prairie on September 6, 1994.
ADOPTED by the Eden Prairie City Council on September 6, 1994.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
/ , (, G
DATE: Sept. 6, 1994
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: l� D
LL
SECTION: Ordinances & Resolutions L
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Street Name Change: Boulder Pointe Road to Blakeney Road
Jim Richardson
Recommended Action:
Recommend changing a portion of Boulder Point Road to Blakeney Road.
Overview:
There are two intersections of Mitchell Road and Boulder Pointe Road causing confusion for
motorists and emergency personnel.
Item No. p,
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
BE IT ORDAINED by the Eden Prairie City Council that the following street shall be renamed:
FROM: Boulder Pointe Road
TO: Blakeney Road
between Lot 30, Block 1, Boulder Pointe Addition and Lot 18, Block 1, Boulder Pointe
5th Addition
FIRST AND FINALLY READ at a regular meeting of the City Council of the City of Eden
Prairie on September 6, 1994.
ADOPTED by the Eden Prairie City Council on September 6, 1994.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
�, Z, Z
CITY COUNCIL AGENDA DATE: 9-6-94
SECTION: Petitions and Requests
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Community Development
Chris Enger TANEN APPEAL
Jean Johnson VARIANCE #94-17
REQUESTED COUNCIL ACTION:
The City Council is requested to take action on the following:
Continue the item to the Council's September 20, 1994 meeting.
BACKGROUND
The item can be continued no longer than 60 days from the Council's regular meeting of August 16,
1994 (October 4, 1994 meeting).
Details are still being formulated on the joint driveway. Staff is trying to resolve the item.
-2LEE , A , -
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/6/94
SECTION: Petitions and Requests ITEM NO.-p I I I . 8
DEPARTMENT: ITEM DESCRIPTION: Request from Southwest Trails System to
PRNR Designated a Snowmobile on a Portion of the Hennepin Parks Regional
Robert A. Lambert Trail Within Eden Prairie
REQUEST:
Attached to this memo is a letter from Leroy Biteler, member of the Southwest Trails System, and a
map depicting the location of a proposed snowmobile trail within Eden Prairie. The trail would enter
Eden Prairie from the northwest on the middle of Lake Riley, heading southeast to the lakeshore
adjacent to the Hennepin Light Rail Authority right-of-way just southwest of the old Riley Lake Road
railroad crossing. From that point the trail follows the light rail corridor southwest into Chanhassen.
CONSIDERATIONS:
City staff have a number of concerns regarding this request:
1. Staff believe that Riley Lake Park would become a trail head for this trail and without
supervision, snowmobiles would not stay on the light rail corridor from Riley Lake Park
southwest to Chanhassen.
a. Staff believe that snowmobiling would occur randomly throughout the park with or
without heavy monitoring.
b. Staff believe that it would be very difficult to keep snowmobiles from proceeding
northeast on the light rail corridor if they were allowed to follow the corridor into Eden
Prairie as far as Riley Lake Park.
2. This trail does not provide an alternative route around Lake Riley for early snowfalls before it
is safe to snowmobile on the lake. Staff believe the proposed trail will simply encourage
snowmobiles to proceed north on Lake Riley Boulevard around the east side of Lake Riley on
Riley Lake Road during those times of the year.
3. City staff are not in favor of mixing snowmobiles with pedestrians or cross country skiers on
any trail system. Hennepin Parks is leaving the designation for winter use of the light rail
corridor up to each city. City staff believe that cross country skiers and pedestrians will walk
on this trail system during the winter months and City staff would favor setting a cross country
ski track on the trail as soon there is sufficient snow cover.
4. Staff believe there will be a problem keeping snowmobiles off this trail through Eden Prairie,
with or without a portion of the trail designated for snowmobiles. It will simply be much more
of a problem if a portion of the trail is designated for snowmobiling.
1
RECOMMENDATION:
City staff recommend denial of the request for allowing snowmobiles on the Hennepin Light Rail
Authority Trail within Eden Prairie for the reasons stated in this memorandum, and further recommend
forwarding our concerns regarding the proposed trail alignment to the Southwest Trail System, the City
of Chanhassen and Hennepin Parks.
BL:mdd
railtr/Bob60
2
July 27, 1994
City of Eden Prairie
Park & Recreation Dept.
8080 Mitchell Rd.
Eden Prairie Mn. 55344
RE: Rails to Trails (Snowmobile Trails)
Mayor, City Council, Park & Rec. Bob Lambert,
On behalf of the Southwest Trail System the Chanhassen Snowmobilers
would like to express our interest in the opportunity to be a user
of the abandon railroad from Eden Prairie at Lake Riley, through •
Chanhassen, to Chaska. We would like to request permission to
allow the abandon railroad between Lake Riley in Eden Prairie
through Chanhassen to Chaska to be used as a snowmobile trail
during the winter months. We realize snowmobiling is not allowed
in Eden Prairie. However, we would like to discuss this issue to
see if we can have your approval for approximately 1/2 Mile of
railroad bed which lies in Eden Prairie. We would mark the trail
and or area as you see necessary. The Southwest Trails would
maintain this trail as we do the rest of the Southwest Trail
System. We would like to access the trail at Lake Riley, then
travel southwest to connect up to the trail system in Chaska, which
will allows access to the State Trail System in the river bottom
area.
We have spoken to Del Miller of Hennipen County Parks regarding our
interest of using this as a snowmobile trail, he was unaware of
this interest. He told us that we must first get approval from the
appropriate cities involved, then it would be likely we would get
the parks approval. He also requested we talk to the Railroad
authority for the trail section from bluff creek to Chaska. We
spoke to Ken Steven's of the Railroad authority regarding this
issue. He commented that if we get approval through the chain of
authority in the order described, it would most likely meet the
railroad authorities approval.
You be might asking why do we want to use this trail ?
There are various reasons, besides being very scenic.
1. This would eliminate the trail going south of Lyman Boulevard
on highway 17 to Chaska. Chaska must reroute for the 1995
season due to development along highway 17. This is an
excellent solution to that reroute.
2. This trail creates minimal residential disturbance.
3. This would be a trail that would not need to be rerouted
unless Light Rail is in our near future.
4. Permanent signage could be installed
5. Safer than a road ditch line.
Enclosed is a map showing the area of trail we would like to use.
We understand that we could possible be scheduled for the August
18th Park & Recreation meeting and the August 16th Council meeting
per a discussion between Bob Lambert and Mike Farkas. Please
notify us to confirm these meeting dates.
We will be attending any necessary meetings to answer any questions
and concerns. If you would like to call us with additional
questions or information, call LeRoy Biteler at 474-7590, 937-2404
or Mike Farkas at 934-8027.
Thank you
LeRoy Biteler
Past President of Chanhassen Snowmobilers
Member of Southwest Trails
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EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES COMMISSION
Monday, August 16, 1994 7: 00 p.m. , Eden Prairie Center
B. Request from Southwest Trails System to Designate a
Snowmobile Trail on the Hennepin Parks Regional Trail
Within Eden Prairie
Staff referred the Commission to memo dated August 2,
1994 from Bob Lambert, Director of Parks, Recreation
and Natural Resources, and the letter dated July 27,
1994, from Leroy Biteler, past President of Chanhassen
Snowmobilers and member of Southwest Trails.
Lambert said that Leroy Biteler was trying to develop a
trail connection for the Southwest Trails System. It
would enter Eden Prairie from the northwest on the
middle of Lake Riley, heading southeast to the
lakeshore adjacent to the Hennepin Light Rail Authority
right-of-way just southwest of the old Riley Lake Road
railroad crossing. From that point the trail follows
the light rail corridor southwest into Chanhassen.
Lambert stated that Staff was recommending denial of
the request because of the inability to control
snowmobiles in Eden Prairie. Staff believed that
smowmobiling would occur randomly throughout the park
with or without monitoring and that Riley Lake Park
would become a trail head for this trail. Without
supervision, there was great potential that snowmobiles
would not stay on the light rail corridor from Riley
Lake Park southwest to Chanhassen. Staff also believed
it would be very difficult to keep snowmobiles from
proceeding northeast on the light rail corridor if they
were allowed to follow the corridor into Eden Prairie
as far as Riley Lake Park. This trail does not provide
an alternative route around Lake Riley for early
snowfalls before it is safe to snowmobile on the lake.
Lambert said that the proposed trail would simply
encourage snowmobiles to proceed north on Lake Riley
Boulevard around the east side of Lake Riley on Riley
Lake Road during those times of the year. City Staff
was not in favor of mixing snowmobiles with pedestrians
or cross country skiers on any trail system. Staff
believed that there would be a problem keeping
snowmobiles off this trail through Eden Prairie, with
or without a portion of the trail designated for
snowmobiles.
Staff recommended forwarding their concerns regarding
the proposed trail alignment to the Southwest Trail
System, the City of Chanhassen and Hennepin Parks.
Leroy Biteler, past President of Chanhassen
Snowmobilers, stated that they would like the
opportunity to be a user of the abandoned railroad from
Eden Prairie at Lake Riley, through Chanhassen, to
Chaska. They would like it to be used as a snowmobile
trail during the winter months. He said they would
monitor the trail with their own patrol and post visual
signs for speed limits and fines exceeding the speed
limit. He said he had spoken with many of the
landowners in the area of these proposed trails and
that they had no objections. He was asking for
approval on this proposal and suggests maybe even
trying it out for one year as a trial to see how it
goes.
Brown stated he was concerned with the noise this would
create for homeowners and about the snowmobilers riding
where there were no trails, causing damage to the
roads.
Kracum asked whether the drivers would need licenses.
Biteler replied they must all take a test and receive a
valid license.
Hilgeman stated that instead of punishing the people
that wanted to snowmobile by denying them this request,
that there be heavy penalties for those that do not
obey the rules.
Koenig asked what the rules were for children
snowmobiling, if there were any age restrictions.
Biteler stated that children cannot actually drive a
snowmobile without their parents unless they are 13
years of age.
Hilgeman stated that she supported this proposal but
would like the one year trial period to be put in the
motion.
Brown stated that he hesitated to open up any trail for
snowmobiling in this area because of the crowds, the
development and the complaints that he believed the
City would be receiving. He was also concerned about
all the money being spent on Lake Riley in Eden Prairie
and how this would effect the newly seeded park. He
felt it maybe possible to consider in a year or two
from now, but not at the present time. He said it was
too sensitive of an area.
Kube-Harderwijk stated that she would like to see Staff
pursue options to accommodate snowmobilers in Eden
Prairie.
MOTION: Kube-Harderwijk moved to denial of the request
for using snowmobiles on Riley Lake Trail and the LRT
Trail within Eden Prairie for this year due to the
delicate nature of the Lake Riley Parks, but that Staff
be directed to pursue options to accommodate
snowmobilers in 1995 in Eden Praire. Hilgeman seconded
the motion and it passed 6-0.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9/6/94
Parks, Recreation and Natural Resources Commission ITEM NO ,C
SECTION: Director of PRNR
DEPARTMENT: ITEM DESCRIPTION: Request to Seek Proposals for the Establishment
PRNR of a Private Non-profit Art Council to Direct and Operate an Arts Center
Laurie Helling Out of a City-Owned Facility
REQUEST:
The purpose of this memorandum is to request approval to seek proposals for the establishment of a
private non-profit Arts Council to direct and operate an Arts Center out of a City owned Facility (see
attached Request for Proposal, RE: Private Non-profit Arts Council).
BACKGROUND:
Much of the energy to turn the dream for a Center for the Arts into reality has been put forth by Eden
Prairie residents. In 1992, the Eden Prairie Foundation, a non-profit community services organization,
chose to support the development of an Art Center as its community project. The Foundation has
served as liaison between residents and City Staff and the School District to ensure that plans for the
Center continue to move forward.
In August of 1992, representatives from the Eden Prairie Foundation requested the City to provide a
breakdown of costs needed to provide a Cultural Arts Center in the City of Eden Prairie. That request
initiated a process that eventually became an extended discussion on evaluating the best method to
provide services in the arts to the citizens of Eden Prairie.
In early 1993, the Eden Prairie Foundation served as a catalyst for the formation of the Center for the
Arts Committee. The committee was formed to evaluate the need for services in the area of the arts
for the community and the feasibility of developing a Cultural Arts Center that would meet a variety
of those needs. Throughout the discussion process, the committee explored other community art
programs to evaluate the best method to provide those services in Eden Prairie. The group continues
to keep its hand on the pulse of Eden Prairie's artist community by researching its current and future
needs. The committee's findings will play a major role in developing facilities and programs to serve
a wide range of cultural and artistic needs in our community.
July 7, 1994, the committee agreed to seek a private non-profit Arts Board made up of Eden Prairie
residents that would manage and operate an Arts Center facility that would be leased at low cost from
the City of Eden Prairie. To that effect, the City of Eden Prairie is requesting to seek proposals from
interested parties.
Please refer to the attached memorandum from Bob Lambert, Director of PRNR dated July 11, 1994,
for further information regarding the Center for the Arts and Private Arts Boards.
1
RATIONALE:
"Before there are words there is music. As a child grows art can become their way of speaking to the
world. Throughout our lives music, dance, theatre and other art forms thread through the fabric of our
world. Look around Eden Prairie. It is everywhere- ready and waiting for its chance to play a larger
role in our City, a city known for its commitment to quality."
"Eden Prairie is known for it continued commitment to the park and recreation system with more than
1,600 acres of wooded and scenic terrain and 800 acres of developed parkland. Though we have
nurtured the minds of our children through quality education and nourished our bodies through
comprehensive recreation programs, its time to complete the circle and feed our souls through the
establishment of a Center for the Arts, a place where people can come together in art appreciation and
education."
Eden Prairie should have an Arts Center for same reason the City has ballfields, tenths and basketball
courts, and recreation programs, to provide people a chance to express themselves through a full menu
of activities.
Other area communities are addressing the need to provide citizens with a forum for the arts, including
Minnetonka, Edina and Bloomington. Initially, Eden Prairie's proposed Arts Center would highlight
literary and visual arts. The Minnetonka and Bloomington Art Centers have devoted a significant
amount of space for displaying the visual arts. Also, classes and workshops allow residents a chance
to discover and develop their artistic side.
The site which is under consideration to house the Arts Center was purchased in 1990 by the City to
expand the Staring Lake Park boundaries with the intent to develop the house as a City Arts Center.
Plans also include opening the Center to the public on a rental basis for meetings, celebrations and other
public events. Staff also planned to incorporate a gift shop in the Arts Center. Gift shops can provide
another venue for artists to showcase their works. The Center's potential for success isn't restricted
to the confines of the building itself, but it could work in conjunction with programs at the Staring Lake
Amphitheatre. The historically significant Cummins-Grill Homestead, which borders the proposed Arts
Center to the east, is used for community events throughout the year.
Members of the committee favored an Arts Center operated by a private non-profit board rather than
the City if any group of citizens is willing to take on this project and long-term commitment. The RFP
offers Eden Prairie residents the opportunity to submit a proposal for City Council consideration.
LH:mdd
Attachments: July 11, 1994 Memo from Bob Lambert RE: Center for the Arts and Private Arts
Board
Request for Proposal, RE: Private Non-Profit Arts Council
seekpro/Laurie
2
REQUEST FOR PROPOSAL
PRIVATE NON-PROFIT ARTS COUNCIL
PURPOSE OF THE REQUEST: The City of Eden Prairie is seeking proposals for the establishment of a
private non-profit Arts Council to direct and operate an Arts Center out
of a City owned facility.
Background:
In August of 1992, representatives from the Eden Prairie Foundation
requested the City to provide a breakdown of costs needed to provide a
Cultural Arts Center in the City of Eden Prairie. That request initiated
a process that eventually became an extended discussion on evaluating the
best method to provide services in the arts to the citizens of Eden Prairie.
Early in 1993, a citizens committee was formed to evaluate the need for
services in the area of the arts for the community and the feasibility of
developing a Cultural Arts Center that would meet a variety of those
needs. Throughout the discussion process, the committee explored other
community art programs to evaluate the best method to provide those
services in Eden Prairie.
The committee agreed to seek a private non-profit Arts Board made up of
Eden Prairie residents that would manage and operate an Arts Center
facility that would be leased at low cost from the City of Eden Prairie.
To that effect, the City of Eden Prairie is requesting proposals from
interest parties.
TIMETABLE: • Deadline for receiving proposals (three months)
• Review period (two months)
• Interviews (if needed one week)
• Negotiate terms of proposed contract (two weeks)
• Approval of proposal by Commission and Council (one month)
SCOPE OF SERVICES: The scope of services should include the following:
1. Resources to be provided by the City
2. Organizational Plan
3. Program Plan
4. Business Plan
5. Timeline for Implementation
I. Resources requested of the City of Eden Prairie
1
n
The City will:
• acquire property and lease it to the Arts Council for an
annual fee of
• work with the Arts Council to design any remodelling or
renovation
• maintain exterior of building and grounds
including snow removal, lawn and yard care
• provide and pay for City owned utilities
• insure building and grounds
• provide a City staff liaison
• provide an Arts Commission liaison
• work with Arts Council to coordinate scheduled events at
Art Center with events held in adjoining City properties
Submit any additional needs from the City.
II. Organizational Plan
• Provide a diagram of your organizational structure
• Define how the Arts Council will work with the City and
School District to avoid duplication of services.
• Discuss how the Council can work with City and Schools
to offer joint programs or program enhancements.
• Arts Council - how many members, criteria, how often
does the Arts Council Board meet, relationship to the City
and/or School District, how are members appointed, terms,
residency?
III. Program Plan
Provide a summary of programs to be offered and how program
offerings are selected. Indicate hours of use for classes, rentals,
studio time and general hours of operation.
Staff
Provide information on how the building will be staffed. How
many positions will be required and what will be the qualifications
of each? Provide a summary of each position.
• executive director
• cleaning staff (contractual or payroll)
2
• building maintenance
• instructors - selection criteria
Programs
• Provide a list of art mediums which will be included in
program.
• Define specific programs under each with a
descriptive paragraph.
• Give five year plan for programs
• Provide program schedule: days offered, time of day
offered, length of session, etc.
• Audience (who are you directing programs for)
• Year-round or seasonal programs
• Fee Structure - resident or non-resident, etc. (priority
registration for residents)
• Provision for scholarship program
• Instructor Fee Scale
• Supply Fees
• Will artists be able to store materials on site?
• Open Houses
• Art Shows
• Retails Sales - percentage of commission
• Does Center supply supplies or do students
provide?
IV. Business Plan
Provide a 3-5 year business plan to include projected expenditures,
revenue and break even point.
The business plan should include the following budget information.
A. Personal Services
• full-time staff
• part-time staff
• wages
• benefits
• other
B. Commodities
• office supplies
3
_3_
• operating supplies
• cleaning supplies
• cleaning equipment
• other
C. Contractual Services
• postage
• printing
• advertising
• mileage
• equipment rentals
• facilities rentals
• instructors
• professional services
• dues and subscriptions
• contracted services
• waste disposal
• building maintenance
• other
D. Capital Outlay
• furnishings
• equipment
• other
E. Utilities
• phone
• gas
• electricity
• water
• sewer
• other
F. Building Renovation
Provide a statement on what renovations must be completed
prior to providing programs and services.
G. Revenue Sources
• memberships
4
— 6
• grants
• program fees
• donations
• retail sales -% of commission
• other
V. Timeline for Implementation
Provide an outline for when staff will be hired, when programs
will be initiated, when Board of Directors will be operating and
when facility will be open to the public once the facility is
available.
PERFORMANCE REQUIREMENTS: The City Council has the right to terminate the agreement if the
proposed timeline is not met or if, in the Council's opinion, the
Arts Board is not meeting the needs for services in the area of the
arts as committed in the proposal.
CRITERIA FOR APPLICANTS: 1. All members of potential Board must be Eden Prairie
residents.
2. Board must file as 501(C)3 within 90 days after Council
approval.
3. No affiliation with any for-profit enterprise.
APPLICATION PROCESS: copies of proposal to be delivered to:
Robert A. Lambert
Director of Parks, Recreation and Natural Resources
City of Eden Prairie
City Center
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Proposals are to be received no later than 4:30 p.m. on
, 1994. Proposals received later than deadline will not
be considered.
All proposals submitted must identify the name, title, address, and
telephone number of the person who will represent the respondents
in matters regarding proposal content.
Proposals need not include elaborate brochures, expensive
bindings, etc. Legibility, clarity, and complete lists are essential.
All pages should be numbered and a table of contents provided for
easy reference.
5
— 7—
Inquiries
Inquiries regarding this RFP and how it relates to the City
contract policy and guidelines and/or proposal should be directed
to: Robert A. Lambert, Director of Parks, Recreation and Natural
Resources at 949-8440.
EVALUATION CRITERIA: Proposals will be reviewed based upon the following:
• completeness and clarity of required material
• experience with non-profit agencies
• experience in the area of the arts
• timetable for completion
• approach to project
SELECTION PROCESS: A committee of representatives from the City Council (1), Parks,
Recreation and Natural Resources Commission (1), Arts
Commission (1), Eden Prairie Foundation (1), School District (1)
and community members at large (2) will review plan and
interview presenter and make a recommendation to the City
Council.
• •
MEMORANDUM
TO: Arts Commission
Mayor and City Council
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resource
DATE: July 11, 1994
SUBJECT: Center for the Arts and Private Arts Board
BACKGROUND:
In August of 1992, representatives from the Eden Prairie Foundation requested the City provide
a breakdown of financial needs to provide a Cultural Arts Center in the City of Eden Prairie.
That request initiated a process that eventually became an extended discussion on evaluating the
best method to provide services in the arts to the citizens of Eden Prairie. Early in 1993, a
citizens committee was formed to evaluate the need for services in the area of the arts for the
community and the feasibility of developing a Cultural Arts Center that would meet a variety
of those needs. Throughout the discussion process, the committee explored other community
arts programs to evaluate the best method to provide those services in Eden Prairie.
On June 13, 1994, the committee invited Barbara Davis, Executive Director of Resources and
Counseling for the Arts, to assist the committee through a process to determine the best method
to provide services. On July 7 Ms. Davis led the committee through a discussion of three
different types of formats:
A. A City owned and operated Cultural Arts Center with operations and budgets reviewed
by the Arts Commission and City Council.
B. A joint operation in which a separate Arts Board would be formed with representatives
from the City, the School and public and with some City and School funding involved
in the ongoing operation.
C. A private Arts Board that would be independently run by citizens with a low cost lease
of facilities from the City of Eden Prairie and some commitments from the City for
utilities, maintenance, etc. of the facility.
The majority of the committee supported the privately run Arts Board for two major reasons:
1. The first reason was that there would be no government control or limitations on the type
of arts programs that could be offered.
2. A privately operated Arts Board would most likely have more success in obtaining grants
and donations.
City staff attending the meeting expressed concern over whether or not there was a sufficient
number of people committed to running an Arts Board. They noted that running an Arts Board
would take a number of extremely committed individuals who would be willing to expend a great
deal of time, certainly much more than simply meeting once a month.
The committee suggested the City Council develop a Request for Proposal (RPF) to invite
citizens to submit proposals for providing services as an Arts Board. The committee suggested
that the CityCouncil and Arts Commissiondevelopof items theCitywould provide. For
c rt Commiss o a list ite s
example, would the City provide the Boyce property at a minimal lease? Would the City pay
for any maintenance, staffing, utilities, etc.? The RFP should also list the expectations the City
has regarding what types of services the independent Arts Board would provide the City in
return for use of the property, as well as some performance requirements that would have to be
met by the Board.
Several members noted the funding assistance the City provides other groups through the
Humans Resources Commission requests each year for allocations. Perhaps the Arts Board
would also submit a "grant request" on an annual basis to the City listing the services it would
perform or provide with the money requested.
Staff agreed to meet with the City Attorney to discuss what types of funding assistance the City
could legally provide a separate non profit organization, as well as what types of concerns the
City should have regarding allowing a non profit group exclusive use of the City owned facilities
similar to the Boyce property.
CITY ATTORNEY'S OPINION REGARDING RFP FOR ARTS PROGRAMS AND
SERVICES:
The City Attorney has reviewed state law and has determined that the City may cooperate with
a non profit organization for the purpose of providingPublic recreation. The group would have
to be a non profit organization and would be required to follow the same laws that apply to the
City regarding expenditure of funds i.e., requiring bids or quotes, comply with ADA, comply
with non discrimination laws, and comply with any other provisions of state or federal law
regarding labor laws if state or federal funds are used in the operation or construction of the
facility.
•
STAFF RECOMMENDATION REGARDING RFP FOR ARTS PROGRAMS AND
SERVICES:
City staff recommend that if the City Council and Arts Commission concur that the best way to
provide services for the arts in Eden Prairie is through a separate non profit Arts Board, the
following requirements should be included in an RFP:
1. All applicants must be Eden Prairie residents.
2. Prior to receiving any City funds the applicants must have formed a non profit
organization.
_/0 —
3. The City would list in the RPF exactly what the City would provide, such as:
a. lease the building for a minimal fee ($1 per year)
b. pay for and install furnishings to a maximum amount
c. provide custodial services and building maintenance at no charge
d. pay for utilities
e. pay for insurance
f. provide an annual budget subsidy to a maximum amount
4. The RFP should also list requirements that must be required of the Proposer:
a. Submit a business plan that would include a budget, programs, hours of use, staff
job descriptions and hours of on site work, etc.
b. The City would list the performance standards required to maintain the funding
and lease of the facility. For example, continue to provide the current programs
in the amphitheatre, as well as City Center art displays, youth summer arts
programs, etc., keep the building open for public use a minimal number of hours
during the week, as well as providing a minimum number of evening classes per
week throughout the year, provide a format for receiving public input on needs
for programs and services in the arts and aprocess to respond to those indicated
P g P
needs.
c. Provide a draft of the arts programs and services to be offered during the first
year of operation, projecting revenues, expenditures, number of people served,
etc.
e. List how the Arts Board would work with the City and School to avoid
duplication of services.
City staff would assume that if a separate Arts Board were formed the existing Arts Commission
would be abolished and the City would no longer operate any of the programs in the arts;
however, if the Arts Board wanted to limit the types programs for which the Arts Board would
be responsible, it should suggest in the proposal which programs the City and School should
continue to operate.
Staff would recommend allowing approximately three months for a group of citizens to respond
to a Request for Proposal; therefore, if the City were to approve this concept in August the
deadline for any proposals would be late November or early December.
Staff requests the Arts Commission to review this concept at their July 19 meeting and forward
it to the Council for review at the Council's August 2 meeting. If approved a RFP could be
reviewed by the Arts Commission and Council in late August and advertised through the local
newspaper in early September.
BL:mdd
privart/Bob60
CITY COUNCIL AGENDA DATE: 9-6-94
SECTION: Report of Director
of Community Development
DEPARTMENT: ITEM DESCRIPTION: ITEM NO. XI.D.1.
Community Development MIDWEST ASPHALT
Chris Enger Mining and Land
Alteration Permits
REQUESTED COUNCIL ACTION:
The City Council is requested to take action on the following:
Refer applications to Staff for review and reports.
SUPPORTING INFORMATION
Mining Permit Information
Land Alteration Permit Information
P.O. BOX 5477 • HOPKINS, MINNESOTA • 55343
IDWEST PHONE: (612) 937-8033 • FAX: (612) 937-6910
SPHALT
ORPORATION
Application for Mining Operations Permit
(Ref.: Section 11.55 Subd. 4)
1. Applicant: Midwest Asphalt Corporation
Mailing Address: PO Box 5477,Hopkins,MN 55343
Property Location: 6401 Industrial Drive, Eden Prairie,MN 55346
2. Property Owner: Midwest Asphalt Corporation
3. It is anticipated that Mining Operations, as defined in paragraph 8 below, will be completed
by the end of the 1995 construction season(December 1995).
• 4. See attached plans for topographic map.
5. No water is required for washing purposes, therefore, no water will be impounded for this
purpose.
6. See attached plans for regrading, drainage and planting plan.
7. None of the material excavated during the Mining Operations will be hauled directly off-site.
Backfill materials will be hauled into the site via Industrial Drive and 62 Crosstown.
8. The Mining Operations for which this permit application is made, are defined here as the
excavation of virgin aggregates(sand and gravel)below the established floor elevation.
Based on topographic information obtained from the City of Eden Prairie, and as shown on
the attached plans, we estimate this floor elevation to be approximately 895 to 905 MSL.
Prior to the 1960's,the subject property consisted of a natural hill of sand and gravel, which
extended south to the high ground still present south of Edenvale Boulevard. Since at least
1963,the natural aggregates on this property have been mined and processed into
construction materials. The Mining Operations which are the subject of this permit are the
final phase of this 30 year process to recover the natural resource on-site.
The Mining Operations consist of excavating the virgin aggregates and backfilling with clean,
clayey soils obtained in the normal course of our business. The backfill will be kept in close
proximity to the excavation, as material is removed along the site perimeter, in order to
HMEMBERA Y 't.
NATIONAL A$PNALT •
Auoeuno. An Equal Opportunity Employer
protect the exposed slope. We anticipate that excavation and backfill of the perimeter will be
completed in 1994, subject to weather. In 1995, we anticipate bringing the entire pit area up
to the finished floor elevation.
Active material stockpiles will then be placed along the perimeter of the site as shown on the
plans. The south and west slopes(along the Light Rail Corridor and Edenvale Boulevard)
will be landscaped with topsoil, ground cover and plantings to provide a visual screen. The
material stockpiles will rise and fall in response to the construction season, but the landscaped
slopes will remain in place year round.
The landscaped slope and material stockpiles will provide visual screening, and assist in
mitigating noise generated by our routine operations. The crushing plant will be located
behind the stockpiles, as shown on the attached plans.
9. Processing of natural aggregates, concrete and asphalt, and the manufacturing of road base
and asphalt hotmix products has occurred continuously on this site since before 1968. The
general scope of these operations has not changed over the years, and no request for
additional processing outside of these normal activities is made in this permit application.
APPERMIT.MAC
(2)
Ict. D.1 . - .3
P.O. BOX 5477 • HOPKINS, MINNESOTA • 55343
IDWEST PHONE: (612) 937-8033 • FAX: (612) 937-6910
SPHALT
n
ORPORATION
September 1, 1994
Mr. Carl Jullie, City Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344-2230
RE: Application for Mining Permit
Eden Prairie Operations
Dear Carl:
Enclosed please find our application for a mining permit for certain operations on our Eden
Prairie site. The permit application includes:
1. City of Eden Prairie, Application for Land Alteration Permit(City's form)
2. Application for Mining Operations, Section 11.55, Subd. 4
3. Developing Pollution Prevention Plans and Best Management Practices -Part 1,
General Permit G6100
4. Preliminary Grading Plan, Concept Plan and Landscape Plan(5 copies each)
Items 1, 2 and 4 are self-explanatory. Item 3 is the storm water pollution prevention plan
submitted to the Minnesota Pollution Control Agency in 1993. This plan provides details of site
drainage and control over the 8 1/2 acre parcel.
I am available to meet with you and the City staff to discuss the application, answer questions or
provide additional information as needed. As we discussed previously,I am unable to be present
at the City Council meeting on September 6th due to prior commitments. Dave Sellergren is
out-of-town and unavailable, as well. Pleas let me know if you would like our participation at a
future council meeting. Please call me (after September 6th)with any questions.
Very truly yours,
taLkditp.o./
Blaine M. Johnson, P.E.
President
BMJ:ts
CC: Dave Sellergren
Dick Krier
MEMBER
NAPA -*
Anordamm
NATIONAL A$PNALT
•AVCYSNT ASSOCIATION An Equal Opportunity Employer
IT, D. I,
CITY OF EDEN PRAIRIE
APPLICATION FOR LAND ALTERATION PERMIT
1. APPLICANT: Name Midwest Asphalt Corporation
Address P.O. Box 5477, Hopkins, MN 55343
Tel . (Day) 937-8033 (Night/Weekends)
Contractor PerforminglWork same
Tel . (Day) same (Night/Weekends)
Signature of Applicant
2. DESCRIPTION AND LOCATION OF EXCAVATION OR GRADING WORK PROPOSED (ATTACH
PLANS)
See Attached Plans.
3. CITY CODE SECTION APPLICABLE
X (11.55) MINING OPERATION AND LAND ALTERATIONS REGULATION (SEE
REVERSE)
(11.45) FLOOD PLAIN ORDINANCE
OTHER
4. REVIEW AND APPROVAL REQUIRED
CITY COUNCIL PLANNING & ZONING COMM.
WATERSHED DISTRICT PARK & RECREATION COMM.
PLANNING DEPT. D.N.R.
BUILDING DEPT. M.P.C.A.
CITY ENGINEER
5. STANDARD CONDITIONS OF APPROVAL
A. SEE CITY SPECIFICATIONS REGARDING COMPACTION AND SURFACE RESTORATION
OF STREETS IF PERMIT INVOLVES WORK IN CITY STREETS
B. DRAINAGE AND EROSION CONTROL SHALL BE IN PLACE PRIOR TO ANY GRADING
WORK.
C. CONTRACTOR IS RESPONSIBLE TO NOTIFY UTILITY COMPANIES PRIOR TO
EXCAVATION.
D. CONTRACTOR SHALL USE REASONABLE MEANS TO CONTROL DUST AND SHALL TAKE
ACTION TO CONTROL DUST WITHIN 4 HOURS UPON NOTIFICATION BY CITY
ENGINEER.
•
E. CONTRACTOR SHALL MAINTAIN EXISTING ACCESS AND HAUL ROADS IN A SAFE AND
CLEAN CONDITION. PERMIT HOLDER IS RESPONSIBLE FOR COSTS OF STREET
CLEANING NECESSARY AS A RESULT OF THIS WORK.
F. FLAGS, FLARES, SIGNS, OR BARRICADES SHALL BE ERECTED TO PROTECT
TRAFFIC AND PERSONS AT ALL TIMES. (DAY AND NIGHT)
G. STREETS MAY NOT BE CLOSED TO TRAFFIC UNLESS EXPRESSLY AUTHORIZED BY
THIS PERMIT.
H. APPLICANT MUST PROTECT ALL EXISTING UTILITY INSTALLATIONS.
6. SPECIAL CONDITIONS OF APPROVAL
A. HAUL ROADS
B. BONDING
C. FEE (SEE FEE RESOLUTION)
D. COMPLETION DATE
E. NUMBER OF WELLS ON SITE
METHOD AND FIRM WHO WILL PERFORM CAPPING (ALL WELL CAPPING IS SUBJECT
TO INSPECTION BY BUILDING DEPARTMENT) .
F. OTHER
•
"Any grading, filling, removal of soil , cutting of trees or
vegetation, or other land alteration other than as provided
in this permit and the plans submitted as a part hereof is
expressly prohibited and a violation of the City Code."
7. PERMIT APPROVAL AND AGREEMENT
Approved by the City of Eden Prairie
By Date
The undersigned Permitee understands the terms and conditions of this permit
and all applicable City Ordinances and herein agrees to perform such work in
conformance thereof.
BY its President Date
EROSION CONTROL POLICY January 1, 1993
MISSION STATEMENT
At any given time, Eden Prairie has a large amount of property denuded of vegetation with land
alteration in progress. Erosion may result from ongoing construction activities such as road and
highway projects, industrial, commercial, residential development, and individual house construction.
These activities are prone to erosion, producing sediment that can infiltrate storm sewer systems, affect
water quality, clog streets and sidewalks, and cause damage to property. The City Council has
recognized the need and directed City staff to devise a comprehensive erosion control policy. The
benefits of these controls can be realized in improved water quality, increased safety and monetary
savings in clean up efforts. .The City Council has directed the following Policy to be implemented:
1. All construction projects permitted by the City of Eden Prairie which result in the temporary
disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use
of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's
manual, Protecting Water Quality In Urban Areas, to mitigate the impact of erosion on wetland
and water resources. The City Engineer or the Director of Inspections may impose special
conditions to permits which stipulate erosion control procedures and/or direct the installation of
erosion control features or the clean up of erosion at construction sites. Permits effected by this
policy include all grading permits, building permits, and permits for the installation of utilities.
2. All erosion control systems stipulated in the permit shall be installed prior to the issuance of the
permit. Supplemental erosion control systems ordered by the City Engineer or the Director of
Inspections shall be installed within 48 hours.
3. All erosion control systems must be maintained by the permittee in a functional condition until
the completion of turf and/or structural surfaces which protect the soil from erosion. The
permittee must inspect erosion control bi-weekly and immediately after each rainfall event of.5
inches or more. Needed maintenance shall be performed within 48 hours.
4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the
trackage or spillage of soil on public streets or highways. BMP's may include, but are not
limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent
to the construction site or limiting operations when site conditions are unmanageable. Trackage
or spillage of soil on a public street or highway must be cleaned by power sweepers within the
time frame stipulated in the permit special conditions or as ordered by the City Engineer or the
Director of Inspections.
5. If erosion breaches the perimeter of a construction site, the permittee shall immediately develop
a clean up and restoration plan, obtain the right-of-entry from the adjoining property owner, and
implement the clean up and restoration plan within 48 hours of obtaining the adjoining property
owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public
street, highway, sidewalk or trail, the permittee shall remove the soil material and thoroughly
sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance
appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate.
Permittee shall provide all traffic control and flagging required to protect the traveling public
during the clean up operations.
1. Plans showing elevation of the grounds water supply, sanitation facilities, photographs showing
existing land uses, vegetation upstream and downstream, and soil types.
2. Specification for building construction(including lot size and setbacks), filling,and grading,water
supply, and sanitary facilities.
3. Such other information as may bear on the suitability of the proposed structure or development.
Subd. 12. Non-Conforming Structures. An existing structure or use which was lawful before adoption of this
Section, but which is not in conformity with the provisions of this Section, may be continued subject to the
following conditions:
A. No structure or use shall be expanded, changed, enlarged, or altered in any way without complying in all
respects with this Section.
B. If any non-conforming structure is destroyed or damaged by any means, to the extent that the cost of
repairing or restoring such destroyed or damaged non-conforming structure wculd be 50% or more of the
Assessor's Market Value for tax purposes at the time of damage, then it shall not be reconstructed except
in full compliance in all respects with the provisions of this Section, including, but not limited to, the
obtaining of all required permits.
Subd. 13. Enforcement. The City shall have the power and authority to enforce the provisions of this Section.
The City will avail itself of technical assistance available through the appropriate Watershed District and its Staff
in determining enforcement procedures for this Section.
Subd. 14. Authority. This Section is adopted pursuant to the authority granted by Minnesota Statues 1969,
Chapter 105.
Subd. 15. Interpretation. In interpreting and applying the provisions of this Section, such provisions shall be
held to be minimum requirements for the promotion of the public health, safety, prosperity and general welfare.
It is not the intention of this Section to interfere with, abrogate or annul any covenant or other agreements between
parties, or any other provision of the City Code;provided,however,where this Section imposes a greater restriction
upon the use or improvement of any premises than those imposed or required by other statues, City Code
provisions, rules, regulations or permits of the City, State, or appropriate Watershed District, or by covenants or
agreements, the provisions of this Section shall govern.
Source: City Code
Effective Date: 9-17-82
(Sections 11.51 through 11.54, inclusive, reserved for future expansion.) •
SECTION 11.55 MINING OPERATION, LAND ALTERATION, AND ENVIRONMENTAL
PRESERVATION REGULATIONS.
Subd. 1. Declaration of Policy and Purpose.
A. Commercial mining and land alterations are now being and for some time have been conducted in certain
places in the City. Such acts are inherently accompanied by noise and dust, often create hazardous
conditions and result in lasting disfigurement of the places where they are carried on and thus tend to
interfere with the existing land uses in nearby areas, to discourage further permanent development of the
surrounding properties, to impair adequate planning or municipal development, and to diminish the public
11-66
health, safety, and general welfare. It is, therefore, desirable to regulate both existing operations and any
further extension of such mining operations and land alterations in the City.
B. It is hereby found that tree removal, damage, and destruction are now, and for some time have been,
occurring in certain areas within the City. Such acts tend to endanger the natural character of the land
from which the trees have been removed and surrounding lands, and to diminish and impair the public
health, safety and general welfare. The Council desires to protect the integrity of the natural environment
and finds that trees do so by providing for better air quality, scenic beauty, protection against wind and
water erosion, and natural insulation for energy preservation. Further, the Council finds that trees protect
privacy and provide enhancement of property values. It is, therefore, the further purpose of this Section
to provide regulations relating to the cutting, removal or killing of trees, with the consequent damage and
destruction of the wooded and forested areas of the City, to promote the orderly development of such areas
and thereby minimize public and private losses; to insure maintenance of the natural vegetation and
topography; to encourage protection and preservation of the natural environment and beauty of the City;
to encourage a resourceful and prudent approach to urban development of wooded areas which provides
for minimal tree loss and mitigation of tree removal resulting from development; to provide an objective
method to evaluate a development's impact on trees and wooded areas and identify whether and how the
impact may be reduced; to provide incentive for creative land use and good site design which preserves
trees while allowing development in wooded areas with mitigation of tree removal and destruction; and to
provide for enforcement and administration thereby promoting and protecting the public health, safety and
welfare.
Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated:
A. "Caliper Inches" -The length, in inches, of a straight line measured through the trunk of a tree 12 inches
above the ground.
B. "Canopy of a Tree" - The horizontal extension of a tree's branches in all directions from its trunk.
C. "Drip Line of a Tree" -An imaginary vertical line which extends from the outermost branches of a tree's
canopy to the ground.
D. "Developer" - The owner of the land or person who is the applicant for alteration of the land.
E. "Diameter" - Wherever this term is used in reference to the measurement of a tree it shall mean a tree's
trunk as measured 4.5 feet above the ground.
F. "Impounded Waters" -Any water kept on public or private property within the City in such a manner that
more than 500 gallons of water are above the natural surface of the surrounding ground. The word"water"
or "waters" as used in the preceding sentence shall be.deemed to include any and all liquid substances.
G. "Land" or "Parcel of Land" shall mean and include an entire lot as defined in Section 11.02 of the Code
on or within the boundaries of which land alteration has occurred, or is to occur.
H. "Land Alteration" -Any excavating, grading, clearing, filling or other earth change which may result in
the movement of more than 100 cubic yards of earth, or any alteration of land of more than one foot from
the natural contour of the ground on any contiguous 200 square feet of ground, any cutting, removal or
killing of more than 10% of the significant trees on any land within Va period of five years, or any
destruction or disruption of vegetation covering an area equal to or greater than 10% of any parcel of land,
or any other significant change in the natural character of the land.
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)a. . . r 9
I. "Mining Operations" - Any artificial excavation of the earth within the limits of the City operated for the
commercial exploitation of earthly deposits removed therefrom and creating a depression or depressions
exceeding in any one place 200 square feet of surface area, the bottom or lowest point of which shall be
2 feet or more below or lower than the level of the adjoining unexcavated land.
J. "Root Zone of a Tree" - The area under a tree which is at and within the drip line of a tree's canopy.
K. "Significant Tree" - Any deciduous hardwood tree (except elm, willow, box elder and aspen) measuring
12 inches in diameter or greater, or a coniferous tree measuring 8 inches in diameter or greater.
L. "Tree Trunk" - The stem portion of a tree from the ground to the first branch thereof.
Any term used in this Section and not defined in this Section shall have the meaning as otherwise defined
in the Code."
Subd. 3. Permit Required. It is unlawful for any person to use land for, or to engage directly or indirectly in,
land alteration or mining operations unless such person shall first have applied to and obtained from the Council,
in the manner hereinafter provided, a permit authorizing the same, provided, however, that no permit shall be
required by any person making any excavation in conjunction with a building (i) for which there has been issued
an appropriate building permit; and (ii) which is to be constructed (a) upon land for which a permit for land
alteration under this Section has previously been issued; and (b) in accordance with such permit."
Subd. 4. Application for Mining Operations Permit.
A. Form of Application. Application for a permit for mining operations shall be made in writing to the
Council. The application shall set forth the location and plan of mining operations. The application shall
also include:
1. The name and address of the person applying for the permit.
2. The name and address of the owner of land subject to the mining operations.
v
3. The estimated period of time within which the mining operations will be conducted.
4. A topographic map of the proposed pit or excavation area to a scale of one inch equals 100 feet
and to a 2-foot contour interval. The map shall show:
(a) The area as it presently exists and a minimum of 100 feet of adjacent land on all sides
of said area.
(b) The proposed contours of the land when the mining operation is completed.
5. The proposed method of impounding any water used for washing purposes.
6. A regrading, drainage, and planting plan, if appropriate for the land subject to the mining
operation.
7. A designation of the roads, streets or highways within the City limits over which any material
removed from the proposed mining operation pit area is to be handled or carried.
8. A graphic and written description of mining operations by significant stages.
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21. D. I . - 10
9. A statement as to whether the application includes a request that manufacturing or processing of
any kind be permitted on the site.
B. Permit Fees for Mining Operations. An application fee must be paid at the time of the application. In the
event the application for a permit is denied, the fee shall be returned to the applicant. In addition to the
application fee, each holder of a permit shall pay to the City Clerk-Treasurer a renewal fee, annually on
or before January 1. The first renewal fee shall be due on or before the first January 1 which falls after
the date on which the application is granted. Application and renewal fees shall be in amounts which have
been determined by the Council and fixed by resolution. A copy of such resolution shall be kept on file
in the office of the City Clerk-Treasurer and uniformly enforced.
C. Council Action on a Mining Permit Application. Within a reasonable time after receipt of an application
that conforms with the requirements of this Subdivision and payment of the application fee, the Council
shall approve or deny issuance of a permit. The Council may approve the permit subject to conditions
stated on the face of the permit, and, in all cases, the time period within which the mining operations are
to be completed shall be stated on the face of the permit. Approval, denial, or approval subject to
conditions of a permit shall be based upon the following factors:
1. A permit shall only be issued if the mining operation is a permitted use under this Chapter, as
amended, from time to time, or if the mining operation is a proper non-conforming use.
2. Whether, and the extent to which, the mining operation may create any safety risks to surrounding
persons and property or exacerbate any existing risk.
3. Whether, and the extent to which, the mining operation may cause any harm to the environment
including, but not limited to, noise, dust, erosion, undue destruction of vegetation and
accumulation of waste materials or pollutants.
4. Whether adequate plans have been made for restoring the site of the mining operation once the
operation has ceased.
5. Whether there is a substantial likelihood that the applicant will be able to comply with the rules
and regulations of Subdivision 6 of this Section.
D. Duty to Obtain Bond and Liability Insurance Policy Prior to Issuance of Mining Operations Permit. The
Council's approval of an issuance of a permit shall be contingent upon the applicant performing the
following within 10 days of said approval and prior to commencement of any mining operations or
preparations therefore:
1. Applicant shall post a bond or letter of credit in an amount of not less than $100,000.00 in such
form and amount as the Council shall determine. The bond shall be for the benefit of the City
only.
2. Applicant shall file with the City Clerk-Treasurer a liability insurance policy or certificate of such
insurance, issued by an insurance company authorized to do business in the State of Minnesota.
The policy shall insure the persons conducting the mining operations and the City in the sum of
at least $100,000.00 for injury to one person, $300,000.00 for one accident, and at least
$50,000.00 for property damage, or in such other amounts as the Council shall determine. This
policy shall be kept in effect until the termination of a permit granted pursuant to this Section.
Source: Ordinance No. 17-90
Effective Data: 5-18-90
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Subd. 5. Application for Land Alteration Permit, Fees, Council Action, Bood
A. Form of Application. Application for a permit for land alteration stall be made in writing to the Council.
The application shall set forth the location and plan for the proposer land alteration. The application shall
also include:
1. The name and address of the person applying for the per it.
2. The name and address of the owner of land subject to the land alteration.
3. The estimated period of time within which the land alteration will be conducted.
4. A topographic map of the land on which the proposed 1a t.1 alteration is to occur having a scale
of one inch equals 50 feet and showing ground elevation cr.,ntours at two-foot intervals. The map
shall show:
(a) •
The land as it exists to the proposed land a::ration and a minimum of 100 feet priorp po of
land abutting the land.
(b) The proposed ground elevation contours at 2 feat intervals of the land when the land
alteration is completed.
(c) A regrading, drainage, and planting plan, if appropriate for the land.
(d) The location and size of building pads.
5. A statement relating to the proposed use of the land including the type of building or structure
situated thereon or contemplated to be built thereon.
(Prey. Ordinance No. 9-87
Effective Date: 5-7-87)
6. A tree inventory certified by a registered land surveyor, landscape architect or forester depicting:
(a) The size, species, condition and location on the land of all significant trees. On large
wooded sites, forest mensuration methods may be used to determine the total diameter
inches of trees outside the area of the proposed land alteration.
(b) Significant trees which will be lost due to the proposed land alteration. Significant trees
shall be considered lost as a result of: (i) grade change or land alteration, whether
temporary or permanent, of greater than one(1) foot measured vertically, affecting 60%
(as measured on a horizontal plane) or more of the tree's root zone; (ii) utility
construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV)
resulting in the cutting of 60% or more of the tree's roots within the root zone; (iii)
mechanical injury to the trunk of a significant tree causing loss of more than 40% of the
bark; or, (iv) compaction to a depth of 6 inches or more of 60% or more of the surface
of the soil within a significant tree's root zone.
(c) The number, type and size of trees required to be replaced pursuant to this Section.
(d) The location of the replacement trees.
11-70
, Q, I. - 12�
B. Permit Fees for Land Alterations. A fee in an amount determined by the Council and fixed by resolution
must be paid at the time of making the application. In the event the application for a permit is denied, the
fee shall be returned to the applicant.
C. Council Action on a Land Alteration Permit Application. Within a reasonable time after receipt of an
application that conforms with the requirements of this Subdivision and payment of the application fee, the
Council shall approve or deny issuance of a permit. The Council may approve the permit subject to
conditions stated on the face of the permit, and in all cases, the time period within which the land
alterations are to be completed shall be stated on the face of the permit. Approval, denial, or approval
subject to conditions of a permit shall be based upon the following factors:
1. Whether, and the extent to which, the land alterations may create any safety risks to surrounding
persons or property or exacerbate any existing risk.
2. Whether, and the extent to which, the land alterations may cause any harm to the environment
including, but not limited to, noise, dust, erosion, undue destruction of vegetation, and
accumulation of waste materials and pollutants.
3. Whether the physical characteristics of the land, including but not limited to topography,
vegetation, susceptibility to erosion or siltation, susceptibility to flooding, water storage or
retention, are such that the land is not suitable for alteration or the use contemplated.
4. Whether the land alteration or proposed use is likely to cause substantial environmental damage.
5. Whether the land alteration or the proposed use will be detrimental to the health, safety or general
welfare of the public.
6. Whether adequate plans have been made for restoring the land upon completion of the land
alteration.
7. Whether there is a substantial likelihood that the applicant will be able to comply with the rules
and regulations of Subdivision 7 of this Section.
8. Whether the land proposed for the land alteration is zoned for the use to which the land shall be
put after the land alteration is completed.
9. Approval or the issuance of a permit for land alteration shall be further subject to and conditioned
upon compliance by the Developer with the following:
(a) Developer Required to Replace Lost Trees. A Developer shall replace significant live
trees lost or reasonably anticipated to be lost as a result of grading, building upon,or any
other land alteration of, the land immediately or in the future, by the Developer, his
agent, successor in interest, or any other person to whom or by whom all or any part of
the land may be sold, graded, built upon, or altered by planting that number of trees
("replacement trees") determined in accordance with the following formula:
A = Total Diameter Inches of Significant Trees Lost as a Result of the Land
Alteration
B = Total Diameter Inches of Significant Trees Situated on the Land
C = Tree Replacement Constant (1.33) •
D = Replacement Trees (Number of Caliper Inches)
11-71
+•, Vr- t .- 13
[(A/B) x C] x A = D
EXAMPLE
A = 337
B = 943
C = 1.33
D = 160
[(337/943) x 1.33] x 337 = 160
The trees required to be replaced pursuant to this Section shall be in addition to any other trees
required to be planted pursuant to any other provision of the Code.
(b) Location of Replacement Trees. Replacement trees shall be planted in one or more of
the following areas on the land:
(1) Restoration areas including steep slopes.
(2) Outlots or common areas.
(3) Buffer zones between different land uses and/or activities.
(4) Project entrance areas.
(5) Any other part of the land except any thereof dedicated or conveyed to
the City, unless the City consents thereto.
(c) Sizes and Types of Replacement Trees. Replacement trees must be no less than the
following sizes:
(1) Deciduous trees - no less than three caliper inches.
(2) Coniferous trees - no less than 7' high.
On steep slopes (i.e., greater than 3:1) deciduous trees may be 21/2 caliper
inches and coniferous trees may be 6 feet in height.
Replacement trees shall be of a species similar to the trees which are lost or
removed and shall include those species shown on the following table:
DECIDUOUS TREES
COMMON NAME BOTANICAL NAME
Norway Maple Acer Platanoides
Cultivars Cleveland
Red Maple Acer Rubrum
Cultivars Northwood, Firedance
Silver Queen Maple (seedless) Acer saccharinum 'Silver Queen'
Sugar Maple Acer saccharum
Cultivars Green Mountain
11-72
DECIDUOUS TREES
River Birch Betula Nigra
Hackberry Celtis Occidentalis
Green Ash Fraximus pennsylvanica
Cultivars Kindred, Newport, Bergeson, Marshall's Seedless,
Patmore, Summit
Ginkgo Ginkgo biloba (male only)
Honeylocust Glenditsia tricanthos inermis
Kentucky Coffeetree Gymnocladus dioicus
Ironwood Ostrya virginiana
Robusta poplar Poplux x Robusta
Siouxland Cottonwood poplus detoides x Siouxland
White Oak Quercus alba
Swamp White Oak Quercus bicolor
Pin Oak Quereus palustris
Northern Red Oak Quercus rubra
American Linden Tilia americana
Littleleaf Linden Tilia cordata
cultivars Glenleven, Greenspire
Redmond Linden Tilia americana 'Redmond'
CONIFEROUS TREES
COMMON NAME BOTANICAL NAME
Balsam Fir Abies balsamea
!White Fir Abies concolor
European Larch Larix decidua
Black Hills Spruce Picea glauca 'Densata'
Austrian pine Pinus nigra
Ponderosa Pine Pinus ponderosa
N orway Pine Pinus resinosa
Scotch Pine Pinus sylvestris
!White Pine Pinus strobus
Douglas Fir Pseudotsuga menziesii
!Canadian Hemlock Tsuga canadensis
Colorado Spruce Picea pungens
(d) Time to Perform. Replacement trees shall be planted not less than 18 months from the
date of issuance of the permit.
(e) Missing, Dead or Unhealthy Trees. Any replacement tree which is not alive or healthy
one (1) year after the date that the last replacement tree has been planted shall be
removed and a new healthy tree of the same size and species shall be planted in place of
the removed tree. A new healthy tree of the same size and species shall be planted in
place of any replacement tree missing one (1) year after such date. Planting shall occur
not later than the first fall or spring following such year.
11-73
. b. I . - 15
(f) Sources of Trees. Replacement trees shall consist of"certified nursery stock" as defined
by Minnesota Statutes Section 18.46 or other trees ("wilding trees") so long as such
wilding trees comply with the following standards. A wilding tree measured in caliper
inches shall not exceed the maximum height as shown in the table below:
CALIPER INCHES , MAXIMUM HEIGHT (FEET)
2 18
2% 18
3 20
3'h 20
4 24
5 28
The lowest branch of a wilding tree shall not be at a height above the surface of the
ground more than one-half of the total height of the tree. (Example: a 16 foot tree must
have a branch within 8 feet of the surface of the surrounding ground.)
•
Trees planted in place of missing, dead, or unhealthy replacement trees shall consist only
of "certified nursery stock" as defined by Minnesota Statutes, Section 18.46.
(g) Agreement to Replace Trees - Security. A Developer, prior to the approval of, or
issuance of a permit for, any land alteration in connection with which trees are required
to be replaced by the provisions of this Section(i) shall enter into such written agreement
or agreements with the City in such form and substance as shall be approved by the City
Manager whereby the Developer shall undertake to comply with the provisions and
conditions imposed by this Section and in connection with any such approval or issuance
of a permit and shall further provide that the Developer shall indemnify the City against
any loss, cost or expense, including an amount as and for reasonable attorneys' fees
incurred in enforcing the terms of such agreement or agreements and (ii) shall provide
security for the performance of its obligations pursuant to such agreement or agreements.
The security may consist of a bond, letter of credit, cash, or escrow deposit, all in such
form and substance as shall be approved by the City Manager.
The amount of security shall be 150% of the estimated cost to furnish and plant the
replacement trees ("estimated cost"). The estimated cost shall be at least as much as the
reasonable amount charged by nurseries for the furnishing and planting of the
replacement trees. The estimated cost shall be subject to approval by the City. In the
event the estimated cost submitted by the Developer to the City is not approved by the
City, the City shall have the right in its4sole discretion to determine the estimated cost.
The security shall be maintained at least for one (1) year after the date that the last
replacement tree has been planted. Upon a showing by the Developer and such
inspection as may be made by the City, that portion of the security may be released by
the City equal to 150% of the estimated cost of the replacement trees which are alive and
healthy at the end of such year. Any portion of the security not entitled to be released
at the end of such year shall be maintained and shall secure the DeveIoper's obligation
to remove and replant replacement trees which are not alive or are unhealthy at the end
of such year and to replant missing trees. Upon completion of the replanting of such
trees, the entire security may be released.
11-74
Notwithstanding the foregoing, no portion of the security shall be released while there
is unsatisfied Developer's obligations to indemnify the City for any expenses incurred in
enforcing the terms of the agreement provided for in this subsection (g).
(h) The provisions of this Subd. 5. C. 9. shall not apply to the cutting of trees planted and
grown by the owner or owner's predecessor on real estate which on April 17, 1990 was
classified as Class 2b property according to Minnesota Statutes 1989 Supplement, Section
273.13, Subd. 23(b) because it was as of such date real estate, rural in character, and
used exclusively for growing trees for timber, lumber, wood and wood products as
described in clause (1) of said Subd. 23(b).
D. Duty to Obtain Bond or Letter of Credit Prior to Issuance of Land Alteration Permit. The Council may
make its approval of the issuance of a land alteration permit contingent upon applicant posting a bond or
letter of credit in addition to the security for replacement trees of not less than $25,000.00 in such form
and amount as the Council shall determine within ten (10) days of said approval and prior to
commencement of any land.alteration.
Source: Ordinance No. 17-90
Effective Date: 5-18-90
Subd. 6. Regulations and Requirements for Mining Operations.
A. The following regulations and requirements shall govern all mining operations:
1. All reasonable means shall be employed by applicant to reduce dust, noise, and nuisances and to
keep the area free of noxious weeds. All internal roads must be paved or effectively dust
controlled.
2. Applicant shall change,alter or modify any excavation or operation therein deemed by the Council
to be unsanitary, dangerous, polluted or inimical to the general welfare of the City.
3. No excavation or digging shall be made close to any adjoining road structure that may endanger --
the support thereof.
4. Applicant shall fence the pit or excavation area so as to protect the public against injury by reason
of the mining operation.
5. During the entire period of operation, all excavations,other than the working face, shall be sloped
on all sides at a maximum ratio of four to one, unless a steeper slope shall be approved by the
City Engineer.
6. No manufacturing or processing of any kind shall be permitted on the site at any time except the
crushing of earthly deposits, unless specifically allowed by the permit.
7. Applicant shall not drill or install any well larger than 10 inches on the site without first obtaining
approval from the Council in writing.
8. Applicant shall dispose of all waste water used on the site in a manner which will not adversely
affect adjoining property and shall use stilling ponds or other methods of disposing of suspended
solid in the waste water that are satisfactory to the City Engineer.
11-75
9. Applicant shall provide adequate access roads to and from the site which shall be oiled and
improved to the extent of maintaining a dust free surface with proper site distances for traffic
safety at each point of access.
10. Applicant shall provide warning signs and flagmen for proper traffic safety during periods of
heavy traffic to and from or past the site and at such other times as the City Manager may require.
11. Applicant shall not permit any other person, firm or corporation or combination thereof to operate
said pit, other than hauling to and from the pit, without first obtaining the written consent of the
Council and an appropriate acknowledgment by such others that they will be bound by any
conditions stated in the face of the permit and covered by the bond and liability insurance policy
required by Subparagraph D of Subdivision 4 of this Section.
12. To assure that the mining operation is being conducted in accordance with the conditions stated
on the permit and with the requirements of this Subdivision, the City Manager may make, at the
expense of the person or firm operating the pit, those field measurements the City Manager deems
necessary to assure that such conditions and requirements are being followed, such work to be
done at the direction of the City Manager on an hourly basis at the time charge fixed by the City
Manager.
Source: City Code
Effective Date: 9-17-82
(Prey. Ordinance No. 142
Effective Date: 4-24-70)
13. No operation shall be conducted prior to 7:00 o'clock a.m., nor after 7:00 o'clock p.m.. Monday
through Saturday, nor any time on Sundays and legal holidays. The City Manager may, upon
good cause being shown, vary these days and hours in writing.
Source: Ordinance No. 72-84
Effective Date: 4-5-84
14. The mining operation must be adequately screened from adjacent occupied structures and travel
roads prior to opening the site. In the case of an existing operation the applicant may be required
to plant suitable fast-growing screening trees.
15. Upon ceasing operations or upon leaving any particular excavation or area in the site or upon
terminating or interrupting mining operations for a period of six (6) months or more, applicant
shall regrade same and restore top soil, sod, seed and plant materials in accordance with the plan •
agreed upon by the Council and operator or owner of the site when the original permit was issued
or when renewed.
Subd. 7. Regulations and Requirements For All Land Alterations.
A. The following regulations and requirements shall govern all land alterations.
1. All reasonable means shall be employed by applicant to reduce dust, noise and nuisances and to
keep the area free of noxious weeds.
2. Applicant shall change, alter or modify any land alteration deemed by the Council to be the cause
of unsanitary, dangerous, or polluted conditions inimical to the general welfare of the City.
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3. No land alteration shall be made close to any adjoining road structure as may endanger the support
thereof.
4. Applicant shall fence any land alteration area, if necessary to protect the public against injury by
reason of the land alteration.
5. During the entire period of the land alteration, any excavation made in conjunction with the land
alteration shall be sloped on all sides at a maximum ratio of four to one, unless a steeper slope
shall be approved by the City Engineer.
6. To assure that the land alteration is being conducted in accordance with the conditions stated on
the permit and with the requirements of this Subdivision, the City Manager may make, at the
expense of the person or firm conducting the land alteration, those field measurements the City
Manager deems necessary to assure that such conditions and requirements are being followed,such
work to be done at the direction of the City Manager on an hourly basis at the time charge fixed
by the City Manager.
Source: City Code
Effective Date: 9-17-82
7. No operations shall be conducted prior to 7:00 o'clock a.m. nor after 7:00 o'clock p.m., Monday
through Saturday, nor any time on Sundays and legal holidays. The City Manager may, upon
good cause being shown, vary these days and hours in writing.
Source: Ordinance No. 72-84
Effective Date: 4-5-84
8. The land alteration must be adequately screened from adjacent occupied structures and travel roads
prior to opening the site. In the case of an existing operation the applicant may be required to
plant suitable fast-growing screening trees.
9. Upon ceasing operations or upon leaving any particular excavation or area in the site or upon
terminating or interrupting land alterations for a period of six(6) months or more, applicant shall
regrade same and restore top soil, sod, seed and plant materials in accordance with the plan agreed
upon by the Council and operator or owner of the site when the original permit was issued or
when renewed.
Subd. 8. Unlawful Act and Additional Liabilities. It is unlawful for any person to fail to comply with any
provision herein, or any condition stated on the face of a permit issued pursuant to this Section. Failure will also
subject any person to the following additional liabilities:
A. The Council may withhold or revoke any permit proposed or issued pursuant to this Section.
B. The Council may, for failure of any person, firm, or corporation to comply, as promptly as same can
reasonably be done, proceed to cause such compliance and the cost of such work, shall be taxed against
the property where the pit, excavation, impounded waters or land alterations are situated, or the City may,
at its option, proceed to collect such costs by an action against the person, firm or corporation to whom
such permit has been issued or against the bond filed in accordance with Subdivision 4, Paragraph D, or
Subdivision 5, Subparagraph D of this Section.
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C. Any land alteration or mining operation conducted in violation of this Section or in violation of conditions
stated on the face of a permit issued pursuant to this Section is hereby declared to be a public nuisance,
and may be abated in a civil action for an injunction brought by the City.
(Sections 11.56 through 11.59, inclusive, reserved for future expansion.)
SECTION 11.60. SLOPED GROUND DEVELOPMENT AND REGULATIONS.
Subd. 1. Findings and Purpose. The City finds that development, excavation, or construction on certain slopes
within the City may result in the building of unstable structures, increase dangers or erosion and thereby endanger
the natural character of the land, and jeopardize the health, safety, and welfare of the citizens of the City.
Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated:
1. "Steep Slopes" -Slopes of over 12% and of elevation difference of 30' or more in a given parcel.
2. "Development" - Any excavation in excess of 50 cubic yards of soil or activity which first
requires the procurement of a building or land alteration permit from the City.
Subd. 3. Review by Planning Commission and Council of Development on Steep Slopes.
A. Development on Steep Slopes. No development shall be conducted on a steep slope without first receiving
a permit therefore from the Council. Approval or rejection of the proposed development shall be obtained
in the following manner:
1. Application. Prior to any development on a steep slope, an application for a permit shall be made
to the City which shall contain a detailed plan for the development which sets forth:
(a) The time period during which the proposed development is to take place.
(b) The soil types which are found on the site of the development.
(c) A map showing the topography of the area to be developed.
(d) A map showing any alteration in the topography that would result from the proposed
development.
(e) A description of the soil quality in the area to be developed including permeability of the
soil, susceptibility of the soil to erosion, drainage of the soil, distance of the soil from
underlying bedrock, susceptibility of the soil to changes in physical volume when
moistened and/or during periods of frost.
(f) Information relative to whether the proposed development will cause and/or be affected
by any erosion problems.
(g) A description of any disturbance to vegetation and other natural features that will result
from the development plus the manner in which the applicant proposes to protect
vegetation and other natural features that will not be disturbed.
""? y (h) - -.,A copy of all specifications, blueprints and other detailed plans for the development.
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