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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 . -1- Z0 'd £1L06Z8ZT9 NOSN303MO A111tid ONIto1 9b: 0T INA b6—Z —d3S 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 -3- ve .d £I L06Z8Z 19 NOSd3O3 J0 A1ndd ONU1 Lb: 0 T I 213 176-Z -d3S 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 -4- 7A -.-1 ?T L06Z8Z T 9 NOS2J3`>32I A'1 ltid ONH-1 L T : T T I?J3 b6-Z -d3S 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 -5- £0 'd £T L06Z8Z 19 NOSd303NO Alntld 9NH1 L T : T T I NA b6—Z —d3S 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 1 ;) .9 12 Y6 l[JJ 0 ' - lJJ �� >a Ilo9No (3z) 5 Cico '4' 7 ( 2) 8.4 ( 18) $ 1�`�� h ''T 31E.61 I,o 4S (9` ss ,T .��• ( I I) = \ 0 �4 175.88 180.11 Q 201.06 147.55 2 g \y R•� .. I(�I� 1b� Fp [ S "�s R )�jplta t7 19 18b o 0• 21 $$ 4 ; so •d (27) zs II ;ri 1 � S �� (31)\p� ' R. , •Q r r/6. ') t ) 14 IF �� 0if� �'" (3�� �9 r �1 QS '�.�IC 1 ,� (23) 2I• � ��(20) � O'�' ¢ �s(28) aR � rs � a � c Ito ' 100� = 1T6.51 za.Is _' w to ` y $ �� ne9•►a•36•E ���C�-F'` �bK,2�o (?5) �b 74 HONEYSco 12 a• r� a 1 `� ( 16 gfl 15 1 RAIL 16 03(29) S• •• a. •' SS�K'� ) • 7t 17)g �s(21) I'f�0 8 (22)�8 -� s° 51 Ct4 1ta171) l41' 9, 13 's 6,, _ 9 It)� 174.a6 201.i4 15l• 20 I5 11 s ( 171 ce- (72 `9r -( 19) : ( 18) b .6 (32) R 29 LE LA J a•Ss5.2S\\z�`„ Is I��9- ;�• N'p\ 1.n9 . 1t2 ',%.2, 33) 100 �•E 91 90 100 U 113.94 100 115 s 27 q\ • :1 , V I b8141 21 0 _ 135 a0 s (31) h �9 6 I'(►2'f 1�1o'T� I'1055 (�031 N I(o8?5 19 ng (73)�� _•• 16 - `b e '$ �� rn o •a > N 18 ri (71) 18 t11.16 (48) - 9 . 10 '^ 11 „ 12 G• Z •n (70) Q 150 .1(20) - (212) ti: : 1.5 N (61)- ( 1399 (63)- (64) - = e12 Ho.4 22 8 _ 3 (36 .0 o_ of (34) BS 77 _ 100.07 n.oT i•. 90 100 (74) O 17 �j70�� p9 V r• 00. T N... 177.1, 203.69 1 toctoI 17 1w =J(21) 7a.9t `� 19 124.2 so �r.3T ^' a 13 j7�56 `� (69) Q w (23) 7.4 ' ...n 31 'ODD •0 t 23 s ?•,., 25 n -t.(35) 5 �'� (6()) (65) �.,,.. So 178.4 $ (75) Ps 168T H A' W tie.02 o (29�o c~i) `9 (49) - 177.01 204.06 tiS 15t) `9 •. 1 125 a•� rs.• -ije7; ,q a a. )(0gA7 _ t' 'I ' 65.9 16 `D,. 30 ` tY 23 o7\.6S �•b'Y 14109n 24 . $ a• ) :~. 6 49 _ ;76) t b`7 � • (28)tr' �' I If 4 1 81.7 •.16• s;f $ `off 589•iT33'v ( 1 1 62 65 1 22 (25)14� Y d AI oo �b71 -2 3 b (586•Y', • is) k) ..• y81 49 IOW' l••` (6) I •• a �U) rn l�57) 1� N N ',+.. Ho •r � 'W • 9 N ,0•� 'E r • IOO.t 1e" 2Z7.1017. 7 48 ( 16) '� '(p9co too �.•r4; '1p� 4 ^ • 5 s•t (2) I.r is A,c0.1, • 17005 g g Z I>,�o (°9 s,,.ez 15 1 / Y 1 ..‘6.95 .2' ....- • 9 WV . (4) Itic� • )0. ..302 24 4 15 19� /- ............225 .... • R.t6a 0 70.... It) „ 1 . 5� '4S /./0 ( 1 8 gar Clyde .Iri 4 ve TI Otiac 'eft UI lit ,A?-VJCN id �.•• 1^( 17 r 1t{7.71 • z.07(. 1 -:.., 1z ' . 133 1 . - °• I '� I 1.460 -( • 4(4, t 13 �j�° C= • ) ...:r. Wit. Y (37)`g.d 14 vb�•• 1 `I ,L3z,►\ - :t . .. i 9 y •„• ` �.(38) n21- v t 3 , v RIq( P i/47e, (22));e . ... ,HpT p I t,, • IT I " \'1• 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 • SENT BY:SRC/SSDC HONEYWELL ; 7-25-94 ; 9:12AM ; MAIL ROOM-. t6129498390;# 2/ 3 I ?Al- 1OAR 1034-0 PcNivittl4Tolv /iveivut 'CAN PgAithE 023-1 13,0K- Alb Pawl-pod 1300/e0 kd4C1.10F.4 tY -Gbeli Pg4411: kEawr 7iir PRA.. 1.40 ilatE-Arw CtimporoN fiA -Ten_kok. rt Ado, angatimani rtes 6,1 &tit lie- Wrilt/4 /kb rcoppnvi4 kssone OFPrich 7PE ry. I2 _7 &Rubor k 7://cfc- Fres Ii &coast:- or 7-6.7 elifiEvELY AmaciefriLy irostAfffiiiv _ iFttuirl_E whiff kR ATE LE-(ravikliPintimyt:1- To akitcss._ "Tmez No4Pirst 1974b fiot.t4. bcyclopinewr O 7kelit Ciabittv Ifil -raaMitiliitenAgAbsraNIT___aste-5s , #11iFivr.c.fig_4/.11,7 ______ fog Lt-sonis Eve kitiowho4 jko_ ter_alikbANIP4oss-,__Zicx, 1‘. fool NET-1. 73_6yallic 7 Cauf, lio hor grizaaoTo Pay tilF g royfier_ ffnyours Nap av(Ez._ terfitiff-- 1/6- Oii&i play- _ Gap/ /hvt/ce atypt itooice6) Cllicurawar Aohlog (-)0G16t-wey, figtfiv................ _ )J04,4 hp= cogiii_AofttiPagtr 14v Atirktito 14,2-74:- I-otickohJA Parao, c---notteit:Affp-• JkJ •Opt? 1qq4, 6)0611106211r4X _Ccol_nuntAA11._ Jrc-7- aelvida. __Q-/-4RTFD itsamis MUSr. (sepri-mgot tau peamArg). -vfche _ Ph4fAt 161 1g6t4 OP thiPottniewr kEs(7- Ltssolvf fp'a /71412(11 147401071Fjr(1170.,i85_61;•_04/ 1fttJiEJECIA-CCUrL1L&1P V11 ATr • **- SENT BY:SRC/SSDC HONEYWELL ; 7-25-94 ; 9:12AM ; MAIL ROOM-+ t6129498390;# 3/ 3 b‘PAv- 1 SPAN' 1o_ PARK ka Re tl mr%✓ goviD, CirY OF 6r-u &IMF �.- Act 114r Ir .Ts Amost . rnieoscietr 61goLG /N T( .Z/i Deb — - - l ._ice Lo W _ _...�i�1°�11�.�0�✓- it l c� ll�/� so vi (o 1x "it. /no car1V144o nni 1_ Apt f )f 'r 1 r __ _(aucb 6-htf_o y S,�tlr&A4 orb &Ifs-0 fir J/o //t Gbu c j PJEsx, . tOGi.,,v4 HinR V l rc�c 60eT.ro tO0uc 1 Br t?fRZP/Z,A7c Co-src7 kit 1(1LX_, .. 4I uy,. -.1` 'q. 1)). td/,vy-,.i: Arrcn CompcE /4 As asr. iv' comr AI ,fiiivogg4 _ _ _ror.r --..... __. ICI T r.._., kou ►_ _ NL_4(0)-hin /Al DiffEen✓i' ail /L Ilya=_I��7�7Ai�✓DA? Potd&c.--1, CWouLD NOW RE haug1ED ro � /. rg/lflA ' -----..-_._C' -_ (LE (441 s iD ei r Q 1114611 IftifilifileglifrE7Iry /141/t _ 11- ti_Plicr Atir . -c j_Q ccr sr Or Cgumsrfnv(Ec 1 dilliO u y kee0 T7" SION._-U_p... .....Couf .._- 1w A-pvir re ) Six Ait rirf /A) tqlWitg__PC rilti- tiN- 0 MAI .._Rog ir. Div f�DI/ c 7Nr G2,iWz 'q- C ,�-T f 1 fin4LmrRiw_ 1hr MnG.or ._fiova.1h?._._. oot .Sa ita‘sc=tf _ kry20e C.7Rot t . a ( AMor (Fsrfo , �Hc- Tkc C445(CD J.aacup IIc-- ��✓_--- f c.l _^- Hcite t#2ot4-D v1: _.` o 11c f D!S ConditglittY IN I/ic L 1AA r - -- - 1HE ovELt-ipor_..IJ.. ;inn / Ems!/jita Pilknor 6t1E1(1 Arcinu_t_adLNl[ Actgoo9 ?;" CL .s Six .7n /1 /Nl iflo/pql /,t, &oJa- b -_- aw_LII.LN ci Thi imn sfots AuPhg cJCWI1iviaf Is Hicgty 1v lgQRliim yc t-gge i U14F I_ Yau a._ /1t= conzmai ' toocy X.0 ZIm,wA9c_Juc/ c/i g nl=s_. /,n,n ziñi . fa&..rep. pesmyfri You4 Ahfr likEntil4wtnowbily, /,ct I, -To irtswE7z- / Y klfier IhgvElf 'wcote Ar.�'D/ -T�1. -� L m r IF I91 ri✓f Ertss�xy oR �� 0u IoA?5agild4 7NNNs.. jff"C 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 _2 8/311 q¢ Mi1tL.L MAs'4 '1" L H.' •S 9� Qr,2 F_ \(\�' \q-,. ,S i ra,.y•. e,-..., ,nu .?.,'- d:.p(,{�c,�3` "`(t a Ix' _:8 1 .+.5 C E $ %\6 J .. \i\13 •}'oo. ..�95 _ ES''''''g- \" 02.3.4 B'�{1 ���6p) (64) ga . as Wr '` , \V\ 12 'a h7 :r r4 -' • - m7T' 1A® '1. 12 z (61) Ida '� R 0t$ Iql ,.� "12..02 R -•`�1...63 z 5,.• ,,. ��. (48) i-4-: �' S9 i ! o . n40 ��.oa... V. \8 11 'L� N h o 49 9J`7 (62) 7C (6S)s\e?,1 `��qa ;s �' y�16 2'(�,1 = ', . LAKE y 2�:,.. EySe 1b`a', • 10 ,t(t� •l 7� - ^ `- a•1.1'..: r '' y73 9 •• �� 11b 6 ,,,`0) ,4, 06 1 R17" =.)+..1p `. ` ,' N :o bs -- (.51 ,i1R • sr' 749=5(6))� , �66) • 7 ' v (53 • 7 4 \ g 7.l 04`` `�l 20 i, 1 4� Cn I • 15 94o N4'( ( � (6T) 7 ^ 16 )2 4 .436.. y?�1 1. n5�� ^5, LF'. 4 ,\aA\M a+ 10•��� (51)�.(52) (SE) ''. /r. E1 •"c,. . / wad ° 9 K. arts.: _r Q)a/p Lc�74)tl 0 c66) • 5, (,..4)) •> `.a, ., �' s, 16'• �t � 0•02 ,1• �cl'Mdf I47 Itl. „ 06 .2 n av . -�� I. ,i> .0 a ,Ir.,l(I I4¢ , (5) (2) l\e •.)' - 0/ 220 IOC I 0,p r 4 ::: ` ;. .: 1,. Mria 25 7 I? " .0 , : .IIM' -i‘ C;) I ,2 3 C`. : 171 . 37 ,. - ' .111M21- ..`R',.., 220 .. QQ nl t6 t°. . p 10 ounol. Vb 1.4 :4+ Is..i 8)• . R 1 t\ e- • e(9) tz. - ' 2120) Al..‘ :rV(8.) (t8) . • nh 6 4 v.7... • e.IA.A 220 003 . '' .� L, I . (II) ^V7_ ^• (9) _9 (19) 6 �5� L K i Rr 1e9 10 x•r i 3 9 - .. . 1e67YA•r. 100 (14) 1 207•z. f ' `\ (6) ye,Zi - A ,'_ 2 (5) .. .... ....1799.9. ' N. 1 hal EAST • (6) - . �4 EAST in 4j1 If E1 • SoratasRfiemb ((4) , ili1l•0PM 1" I lb. (4) Ca_ R 81r CITY .7 , r �� MC j. N.:..6 6 r. ax1 TJ rt ` %..19•o:a . ..t.:' �e+ . 54�4 Ts 9�o9.s ;i' '.1.ii\A %+ • \ 1•. • Th 3 _ (ALo4sd ) . em p 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. t;.c0:''... :,..g. I ::::.::::i:i:i:iv iN V.k:::t • r • r,iP '.4 ..) At.7,4.5.t. IIIIINI•ili `: ::.1::: : .. : 11111011111bk*. Zit,• .-----1 •u* eFFicE crFi , . • . cog, SI II 'It 1, Il aftooY,._ • 111l1u1e4 1 D -1k iV ER MARX CENTER °.2MXNET tiam. . //..-- we4 1 lit (;Ilki AD w . V A . le r4pol( 5.e mot w_04;Pk • ' n-Gc4AE:2,1 mos.11110 . .:.:::::::.. ..• 1111---- 117 EP . 11/44° •—•'••• •— -:.:.:::::::::.-::::.:•::•.-:•::.::.;.•.•. EDEN A •* :*:ii::' :i:i:i::••::*i:i:::i:.•••:::.i.i: LAKES 111111 ...:"... ... ............. ••••••••••••••••••••• •••::'•• ::::::.::•:::::•::::::::::::: •• • 6 illitillIPA . PRill 1E 44• .44 r 4 Ai A 076. •IP::0 ' 'W ,,,,i 0 2•c,.- 11114 C).' .Nc,f/— CE14TER 44. ...), i*, 4* CENTER ...... t SiNESS IOW 111111PF:40‘.1 1111°!r. PI' 4111 .•RK 8 .911 1 LumcENi-ER - um ADO \\tai...1119 4r. fillit 'w# _l.::7"": Ca f 3\t.CIF4.-..igtif-'71.8## O • Ate• W'or E 4- --.A z mime _i" . to, 1,•• •..,. s ,.,-- is ..5 iiis Aco. ilItlia siligs.11 * it, - • • • 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. gI A _ _ OAK .4 lamp,......:,Vii Ii if/ i St .4,, Iliad. IND i i PK. t !>.f::•. :� J. f______ i ii'd .z rd ii/ a ••• ,„ ?ild g PARK •40.. iii 274 n 'IL 70 TH ST. 214 L 747411 272 ,r .LEEA A . ,i-lAr.1 den (writ if .; . PlittrO o'Il 1 : E 1-'.4:4-... izikiik li :• :.ii:::11':: :. iiii .. ,. 4410 •i 4, 1... Sfeblide Roo ::. :;: - :- AIL ; 0. . -56 Per" smeaviriwin E,J Staff Report 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 2 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 -5- TT 'd £1L06Z8ZT9 NOSN303a0 A 1ndd ONd1 es: OI INA 176-Z -d3s r I 1 N..4N rA 11A1 I 1 rt-6aa45M�+s. I er\ A-8'41 lo !..]7 PLAT �� SUNNYBROOK .e �E r •£. �• 1 l...e 11hr:PEA. a ROAD 7.:. • .�..: x-123.06IEA se 3641 •i*•042. &AO\� w"DOKOLuPr5 `. ; .._ _ _.OxE r , ,-. �,j' �—• erlxunc• i rP-� 11.I frl \ 11f.f JR'777e! 1 ` _ kA. rr- - raI .. - 1 a..PJ 1 �i -?» oI 'FM. I r . f e.s}�ss / s' T / -.az"NOMMEN ..�v✓�TOLE . — ease sorELOcn ._ e•1. 1 ,•..... ND 4 • r COTTOIh RR aLF _ '\ WOOD-- 70"qW 1 •wOOD Il U II erne fr g a • Er- _ a MJ \T J ^.� I W °cA g��)\ A,. i u. r. 1 / 2,er. ' ) a'Y�I. Ex.well to he carp. ..-/ �'r'1 I ► �-�� ��,���—— " - $role A OW renWn a 1 r 1 J�- - �+f'MAPI i rr� QT=' / CWT. ,9�' I ii .0iiiiiri.7Y u N.. / e w_ �1.+ —eo house to no,Angvy:— - , /'I/ iiiN. t-Ef.!'.' 1 — r _r� a m 'ra"mvFr.nrn CITY OF EDEN r�' / ,Or,. t (tWilif e / OC11EEKW000 PAriKIf e..7- r1-rt'/ �cp � \ av ° 1C 'BIZ r„ ...A., ...• 7 , \I, oo''''i , • • it a. 0 rd O TRoCT.. G 110„, -- Welland erN:roachmenl limit R are - r _ `,p 0 MO i Devabper to dnllnnnln It '�. 1 ...proposed drainage and u ° �� /,61wnioper to mitigate we �J° Watershed District rem.! i' 411 - , h 1 Aoe s as"1AS ra..PAJJw°0p— i'. rt__.-I \ J r TWIN!Ver /20 V0 COrTON00 7,.7J --•CArn,An. M�JwxoO � � _TWINIY:17"COTTONWIo0 :'II rR•Tr / ` 0W /tea•"COTTONWOOD ‘v. 9....Y 1A •. tri2 or. .r . 0 141111 1 A ein /, • )/ `II orr', \ �m^ ..^N ' tat F to to^ 1 to"CQTTONW000 / nri N1wo 2d'-./ \\ ID wn°p \ ID I/ - _ Ex. 100 yr. flood elevation ..et: I.e.T 1YYonoA•rxwr —TW*N 1?'.ZA"COTTONWOIO /11lOWahle pin within Ito, re°ro - prop. till within flood p • Lowest altnwahln walk°, %—/ \7PURGATORY CREEK // / m TT 19' INw°O° -'. WE I'&Fx.m r 11 .99'C / r..22..03)rrON w(Ty0 16"COrrn.AWXA—\ '''aT �.-y'—rM/�TTCf0Y000 • �� \ \ fl4L&1 1i' rwovr \ \?!'COT Tommo 9)11r11 LIif Or me SWIM k (OF Sr23.T ��QIRONWnrp -- — .IIe n i , N�r1ONNrm \I, r / to,"COTTOa2NWrxO� i /.1 � I TTON-� . 1 t N89'3744"W I / ____ __ _.-- _ / 7a7m et At ,r,1 r 1":/. 1a'COr ronwoo°(-Cr') ,. , ,1 , •,..t:1 I _ . a.'mTTmFwvN1 r d' ortrww.r.1. 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 \—/-)/A I T` CI LYM . r :� G .._ • �\ti ::^ .11 ,,I • Q'pQ/ ' • B/•'OnwEAE se*,♦♦ .r ' PARK I __ ... - - Bri♦ 9200 r B.BOiw£AE ,ITjI �,Q ♦♦ �r 1 j' - LAKE J l PIAR �� RILEY ♦♦♦♦ I 1 rr t _ / ,....... /i �'�) oo ram. . • 7— ..„.:.....„, • __ __ 5.0. ..... • q, t I�dt, r•r 1 ��s. �/ I,,.s,rv.l rniuo S 9600 :____,2.7,„ z . I _01!.. ' I oh, 4,4 FA' !$�� ..„.____,-.,.3..„ �l ilk' . le �':yyyCCCllaaarrr. _ ,v, '_� �iiihi 'All IC. -, '` ' 1, a ,�� �F• g. -- _ 0 5 7 Q I /4 L.� , Pp �O c i� Q 0 9900�._ ______,A v P 0000 �I 10100 1 ,ts. Sr e� e,b: BLUFF / ♦ 1 V 0Po.D CREEK _ �f� p' \ ° _ .i PARKkiii,- ----i_T s�V 10200 ;,a�o,. I I i / '�.E1 `ca•. °+ �\`�1 ss, nor �a •' 1 00� r f*10.‘„,„,,,f11111,--,,„A*N MI •• '� ^s 212v• • 4' `'L7Vg�0om. 1/: IOa00 1 p :_. l I a • •• ' S 3 w` '� // 1 oaoo 6 - jam LAKE �0 I / ?Cr•„ S 4411 0`0�0 0R\�[ _......4. IOBOO ge401.0 ♦ / ,4'i _Ill - '�', CITY OF CHANHASSEN --- 11000 _ r0 CITY OF SHAKOPEE woo I 11200 11300 `1s /,/ S l Iwoo iCO H �� �oi � a c ° o 0 g o 0 scoTT g g ° ° 0 o o 2 S ° g S °_ 1 I I. i I 1 1 I 16 ' —F, 1 N l �l� Fes_ DRAFT MINUTES 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. 11-67 )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. 11-68 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 11-69 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. 11-76 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. 11-77 , 0. i . — �9 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. 11-78 • 11, D. I• - ZO