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HomeMy WebLinkAboutCity Council - 04/06/1993 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, April 6, 1993 IMMEDIATELY FOLLOWING HRA MEETING CITY HALL COUNCIL CHAMBER 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Council Recorder PLEDGE OF ALLEGIANCE ROLL CALL •RESOLUTION AWARDING SALE OF GENERAL OBLIGATION PARK BONDS. SERIES 1993A (the "Park Bonds") IN THE AMOUNT OF $3.400.000 RESOLUTION AWARDING SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993B (the "Improvement Bonds") IN THE AMOUNT OF $2,695,000 RESOLUTION AWARDING SALE OF GENERAL OBLIGATION WATER AND SEWER REFUNDING BONDS, SERIES 1993C (the "Water and Sewer Refunding Bonds") IN THE AMOUNT OF$6,715,000 RESOLUTION AWARDING SALE OF GENERAL OBLIGATION BUILDING REFUNDING BONDS. SERIES 1993D (the "Building Refunding Bonds") IN THE AMOUNT OF $5,465.000 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, Page 554 MARCH 16, 1993 III. CONSENT CALENDAR A. CLERK'S LICENSE LIST Page 562 City Council Agenda Tuesday, April 6, 1993 Page Two B. 2ND READING FLOOD PLAIN REGULATION ORDINANCE Page 563 FLOOD PLAIN ORDINANCE REVISION (Ordinance to Amend City Code; Resolution Authorizing Summary for Publication) C. ST. ANDREW LUTHERAN CHURCH by St. Andrew Lutheran Page 572 Church. 2nd Reading of an Ordinance requesting PUD District Review with waivers on 59.70 acres and Rezoning from Rural to Church on 4.8 acres; Approval of Developer's Agreement for St. Andrew Lutheran Church; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary; and Adoption of a Resolution Approving Site Plan for St. Andrew Lutheran Church. (Ordinance for PUD District Review with waivers and Rezoning from Rural to Church on 4.8 acres; Resolution Authorizing Summary and Publication; and Resolution for Site Plan Review) D. MARKHAM ADDITION by John Markham. 2nd Reading of an Page 580 Ordinance requesting Rezoning from Rural to R1-13.5 on 22.97 acres; Approval of Developer's Agreement for Markham Addition; 40 Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: South of Townline Road. (Ordinance for Rezoning from Rural to R1-13.5; and Resolution Authorizing Summary and Publication.) E. RESOLUTION APPROVING THE FINAL PLAT OF MARKHAM Page 593 ADDITION (located south of Townline Road and west of Heathbrook Drive) F. FAIRFIELD SOUTH by Centex Real Estate Corp. 2nd Reading of Page 596 an Ordinance requesting Zoning District Change from Rural to R1- 13.5 on 16.2 acres and from Rural to R1-9.5 on 26.6 acres; Approval of Developer's Agreement for Fairfield South; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: South of Townline Road. (Ordinance for Rezoning from Rural to R1-13.5; and Resolution Authorizing Summary and Publication) G. RESOLUTION APPROVING THE FINAL PLAT OF FAIRFIELD Page 604 SOUTH (located at the southwest corner of CSAH 1 and the future Braxton Drive) City Council Agenda Tuesday, April 6, 1993 Page Three • H. EDEN PRAIRIE HIGH SCHOOL ADDITIONS AND Page 607 REMODELING by I.S.D. 272. 2nd Reading of an Ordinance requesting Zoning District Amendment within the Public Zoning District on 47 acres; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary; and Adoption of a Resolution Approving Site Plan for Eden Prairie High School. Location: 17185 Valley View Road. (Ordinance for Zoning District Amendment within the Public Zoning District; Resolution Authorizing Summary and Publication; and Resolution for Site Plan Review) I. PROCLAMATION FOR VOLUNTEER RECOGNITION WEEK Page 612 (April 18 - April 24, 1993) J. RESOLUTION APPROVING THE FINAL PLAT OF BELL OAKS Page 613 ESTATE 2ND ADDITION (located south of Riverview Road, east of Homeward Hills Road) K. RESOLUTION APPROVING THE FINAL PLAT OF BLUFFS Page 615 WEST 12TH ADDITION (located north of Wild Heron Point) L. RESOLUTION AWARDING FIRE HYDRANT PAINTING Page 618 S CONTRACT, I.C. 93-5319 M. RESOLUTION AWARDING MAINTENANCE MATERIALS/WATER TREATMENT CHEMICALS CONTRACT N. RESOLUTION APPROVING COOPERATIVE AGREEMENT Page 620 FOR STORM SEWER COSTS ON TECHNOLOGY DRIVE, S.P. 2762-15, LC. 93-5307 O. SALE OF LAND TO MnDOT FOR T.H. 212, LC. 51-348 Page 631. P. RESOLUTION APPROVING PLANS AND SPECIFICATIONS Page 636 FOR BRAXTON DRIVE IMPROVEMENTS, I.C. 52-189 IV. PUBLIC HEARINGS/MEETINGS A. FREEBURG/PER INS/FELTL ADDITION by Freeburg/Perkins/ Page 432 & Feltl. Request for Preliminary Plat of three acres into three lots 637 and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals: Location: Willow Creek Road (Resolution for Preliminary Plat) Continued from March 16, 1993 II B. SPECIAL ASSESSMENT HEARING. LC. 52-067 (Resolution) City Council Agenda Tuesday, April 6, 1993 Page Four C. VILLAGE KNOLLS 2ND ADDITION by Wooddale Builders. Page 6410 Request for PUD Concept on 34 acres, PUD District Review on 34 acres and Zoning District Amendment in the R1-13.5 on 19.1 acres, Preliminary Plat of 19.1 acres into 44 lots. Location: East of Homeward Hills Road (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment in the R1-13.5 Zoning District; and Resolution for Prelnminaiy Plat) D. COMMUNITY DEVELOPMENT BLOCK GRANT YEAR XIX Page 682 (1993 - 1994) Funding Recommendations (Resolution) E. RESOLUTION AMENDING CHAPTER 4 OF THE Page 686 COMPREHENSIVE GUIDE PLAN ADDING PROVISIONS FOR NATIONAL URBAN RUNOFF PROGRAM PONDS AND MINNESOTA POLLUTION CONTROL AGENCY URBAN. "BEST MANAGEMENT PRACTICES" (Resolution) F. "MINING OPERATION. LAND ALTERATION AND Page 687 ENVIRONMENTAL PRESERVATION REGULATION" providing for National Urban Runoff Program (Ordinance) V. PAYMENT OF CLAIMS Page 699• VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS. REQUESTS AND COMMUNICATIONS A. Request from Eden Prairie Land Trust Continued from March 16, Page 546 & 1993 700 VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES IX. APPOINTMENTS A. Appointment of Community Representative to the South Hennepin Regional Planning Agency (SHeRPA1 Continued from March 16, 1993 B. Appointment of a Citizen Representative to fill an unexpired term to February 28. 1994 on the Flying Cloud Airport Advisor Commission X. REPORTS OF OFFICERS • A. Reports of Counci members 1. Council Ethics and Gift Practices Page 703 City Council.Agenda Tuesday, April 6, 1993 Page Five • 2. National League of Cities Conference Report B. Report of City Manager 1. Naming of New City Hall Continued from March 16, 1993 2. Schedule for Joint Meetings with Boards & Commissions C. Report of Director of Parks, Recreation & Natural Resource 1. Cedar ForestlHilltop Neighborhood Park Acquisition Status Page 543 Update Continued from March 16, 1993 2. Recommendation from the Natural Resources Study Page 704 Committee 3. Recommendation for Hiring a Consultant for Evaluating Page 705 Community Center Natatorium D. Report of Director of Community Development E. Report of Director of Public Works F. Report of City Attorney G. Report of Finance Director XL OTHER BUSINESS XII. ADJOURNMENT • • AGENDA HOUSING & REDEVELOPMENT AUTHORITY MEETING TUESDAY, APRIL 6, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive Drive HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Chair Douglas B. Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock HOUSING & REDEVELOPMENT AUTHORITY STAFF: Executive Director of Housing&Redevelopment Authority Chris Enger, City Manager Carl J. Jullie, Assistant to the City Manager Craig W. • Dawson, Finance Director John D. Frane, City Attorney Roger Pauly, and BRA Recorder I. ROLL CALL II. CALL MEETING TO ORDER III. APPROVAL OF HOUSING & REDEVELOPMENT AUTHORITY MINUTES FROM MEETING HELD TUESDAY, MARCH 2, 1993 IV. RESOLUTION AWARDING SALE OF ADDITIONAL LEASE REVENUE BONDS (CITY HALL PROJECT), SERIES 1993A, IN THE AMOUNT OF $1.415,000 V. OTHER BUSINESS VI. ADJOURNMENT MINUTES HOUSING & REDEVELOPMENT AUTHORITY MEETING • TUESDAY, MARCH 2, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive Drive HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Chair Douglas B. Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock HOUSING & REDEVELOPMENT AUTHORITY STAFF: Executive Director of the Housing & Redevelopment Authority Chris Enger, City Manager Carl J. Julie, Assistant to the City Manager Craig W. Dawson, Finance Director John D. Frane, and City Attorney Roger Pauly I. CALL MEETING TO ORDER AND ROLL CALL Chairman Tenpas called the meeting to order at 7:30 p.m. All members were present. H. APPROVAL OF HOUSING&REDEVELOPMENT AUTHORITY MINUTES FROM MEETING HELD TUESDAY. JANUARY 19. 1993 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the Housing an. Redevelopment Authority from the meeting held Tuesday, January 19, 1993. Motion carried unanimously. (Jessen arrived at 7:40 p.m.) III. RESOLUTION SETTING SALE OF LEASE REVENUE BONDS FOR EDEN PRAIRIE COMMONS IN THE AMOUNT OF $1.300.000 As directed by Council, Staff reviewed the current financing opportunities available for municipal borrowing. Based on these findings, Staff recommended the HRA authorize an additional $1,300,000 in Lease Revenue Bonds for the Eden Prairie Commons acquisition and remodeling, allowing the City to keep more cash reserves in the General Fund to help minimize the near term property tax impacts of the still depressed, but recovering, commercial tax base. MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution #93-2, Setting Sale of Lease Revenue Bonds for the Eden Prairie Commons in the amount of$1,415,000. Motion carried on a 4-0- 1 vote with Jessen voting against. IV. OTHER BUSINESS V. ADJOURNMENT MOTION TO ADJOURN: Pidcock moved, seconded by Jessen, to adjourn the meeting. Chairman Tenpas adjourned the meeting at 7:45 p.m. MINUTES EDEN PRAIRIE CITY COUNCIL • TUESDAY, MARCH 16, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Items X.A.1.Update on Council Request for Code of Ethics re: Receipt of Gifts; Jessen and Anderson added Item X.A.2..Report on National League of Cities Conference- Washington DC; Tenpas added Item X.A.3.. TQM Report on Inspections File System Project,. Jullie added Item X.B.2.. Schedule for Joint Meetings with Boards and Commissions. MOTION: Pidcock moved, seconded by Harris, to approve the agenda as submitted and amended. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY. MARCH 2. 1993 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the City Council meeting held Tuesday, March 2, 1993, as submitted. Motion carried unanimously. M. CONSENT CALENDAR A. Clerk's License List B. Declaring Costs and Setting Hearing Date regarding Rowland Road Improvements (Resolution #93-44) C. Release of Special Assessment Agreement for Hawk High Ridge • D. Approve Ruzic Special Assessment Agreement E. Approve Musech Special Assessment Agreement City Council Minutes 2 March 16, 1993 F. Receive 100% Petition and Order Preparation of Plans and Specifications for Publi� Improvements for Riverview Heights I.C. 93-5320 (Resolution #93-45) G. Approve Architect/Engineer Agreement for construction of Water Plant facilities and Police Station entrance necessary due to TH 212 construction H. Change Order No. 5 for Eden Prairie CommunityCenter Ice C to Arena Addition I. Approve A2encv Construction Agreement with MnDOT for Fairfield West Sanitary Sewer Revision (Resolution #93-46) J. Request by Bent Creek Golf Club for a Grading Permit for Improvements to Driving Range K. 2nd Reading of RIVERVIEW HEIGHTS, by Hustad Development. 2nd Reading of an Ordinance requesting Rezoning from R1-22 to R1-13.5 on 11.0 acres; Approval of Developer's Agreement for Riverview Heights; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: South of Riverview Road. (Ordinance #6-93 for Rezoning from R1-22 to R1-13.5; and Resolution Authorizing Summary and Publication.) (Resolution #93-47) MOTION: Harris moved, seconded by Anderson, to approve Items A. - K. of the Consent Calendar. Motion carried unanimously. • IV.PUBLIC HEARINGS/MEETINGS A. CARMODY VILLAGE by Centex Real Estate Corporation. Request for PUD Concept, PUD District Review and Rezoning from Rural to RM-6.5 on 27.2 acres, and Preliminary Plat of 27.2 acres into 18 lots. Location: North of Anderson Lakes Parkway at the Carmody Drive Intersection. (Ordinance for PUD District Review and Rezoning from Rural to RM-6.5; Resolution for PUD Concept; and Resolution for Preliminary Plat) Dan Blake, Centex Homes, reviewed significant details of the proposed development. It was noted that the two-bedroom units would be 1,100 - 1,400 sq. ft. in size and in the price range of$60,000 - $90,000, possibly higher. Enger reported that the Planning Commission recommended approval of the project at its February 22nd meeting. Lambert reported that the Parks, Recreation, and Natural Resources Commission recommended approval of the project at its March 1st meeting. Councilmembers raised questions regarding the timing of the trail construction through this area and when the City would receive the land proposed for dedication along the creek valley. Concern was expressed that the residents be made aware of the future trail installation. Lambert said it would be to the City's advantage to wait until the Watershed District was ready with its project in the area, which included paying for 50% of the cost of the trail. He noted that the property along Purgatory Creek would be dedicated to the City at the time of final plat. The Council complimented Centex on development of a project in this price range, which would allow for more starter home housing stock in the City. 555' City Council Minutes 3 March 16, 1993 • MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; and 2) Approve 1st Reading of the Ordinance for PUD District Review and Rezoning; 3) Adopt Resolution #93-48 approving the PUD concept; 4) Adopt Resolution #93-49 approving the Preliminary Plat; and 5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. FREEBURG/PERKINS/FELTL ADDITION by Freeburg/Perkins/Feltl. Request for Preliminary Plat of three acres into three lots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals: Location: Willow Creek Road (Resolution for Preliminary Plat) Maryjo Felt. presented revised plans for this previously approved development. Uram reported that the Planning Commission recommended approval of the plan at its February 22nd meeting. The • Parks, Recreation, and Natural Resources Commission recommended approval at its March 1st meeting. Councilmembers raised concerns regarding sanitary sewer for the lots and the general area, water quality of Bryant Lake, and the status of previous approvals for the property. Regarding sanitary sewer, Dietz explained that all the lots were on private sewer systems and that the Staff was not aware of any leaking tanks at this time. He added that the topography of the area was prohibitive with respect to installation of a traditional sewer system. With respect to water quality in Bryant Lake, Gray said that data did not yet exist regarding recent changes made to the shoreland uses on the lake, including the removal of a stable. He said that proposal for three lots would have no impact on water quality. Lambert added that it would be five years, at least, before a study being conducted by the Watershed District would yield any findings about the water quality. Pauly discussed the history of this property, including the City's previous decisions on the parcel. He also spoke to variances, noting that court decisions tended to support the landowner instead of the municipality in such issues. Gary Gandrud, Faegre and Benson, representing the Estate of Hayner Larson, questioned legalities of previous approval as to whether it was still valid. Stuart Nolan, 7020 Willow Creek Road,Estelle Knutson, 7120 Willow Creek Road, Brian Duoos, 7160 Willow Creek Road, Dan Duoos. 7160 Willow Creek Road, Peter Larson, Bart Knutson, son of Knutsons at 7120 Willow Creek Road, grandson of Hayner Larson, and Dan Grote, 7061 Willow Creek Road, supported a two-lot configuration for the parcel, instead of a three-lot configuration, and expressed concern that the third lot was being 566 City Council Minutes 4 March 16, 1993 requested forprofit reasons, only. Neighbors were also concerned that the number of variance. eq Y g requested was excessive and that others in the area would begin to split their lots, if this subdivision was allowed. Jim Perkins, 7012 Willow Creek Road, spoke in favor of Feltl proposal. Maryjo Feld responded to residents' concerns, stating that there was no profit motive involved and pointing out that others in the neighborhood had obtained variances for their properties. She said the reason for three lots was to allow for one for themselves and one each for their two children in the future. MOTION: Pidcock moved, seconded by Harris, to close the public hearing. Motion carried unanimously. Councilmembers continued discussion about several issues including the "easement" providing access to the lake for parcels without lake frontage; maintaining the integrity of the neighborhood, and status of the previous approvals on the property, including variance approvals. Council directed Staff to research and clarify the lake access issue. Pauly suggested that one way the City could maintain the existing lot sizes in the neighborhood would be to rezone all the lots to an R1-44 category so that no lot would be allowed to be smaller than one acre in size. Regarding the previous approvals, Pauly stated that it was his opinion that the previous three-lot approval did stand. With respect to the variances, he stated that he felt it was likely that they, too, were valid. • Councilmembers believed that a postponement was in order and asked the proponent and the residents to review the concerns raised. Feltls were asked to consider whether three lots in the previously approved configuration would be acceptable and the other residents were asked to consider whether they would be interested in a rezoning of their lots as suggested by the City Attorney. MOTION: Pidcock moved, seconded by Anderson, to reopen the public hearing on this item and continue such hearing to the April 6th meeting. Motion carried unanimously. Mayor Tenpas declared a recess at 9:45 p.m. The meeting was reconvened at 9:55 p.m. C. ST. ANDREW LUTHERAN CHURCH by St. Andrew Lutheran Church. Request for Comprehensive Guide Plan Change from Industrial to Church on 4.8 acres, Zoning District Change from Rural to Church on 4.8 acres and PUD District Review with waivers for building height on 59.70 acres, PUD Concept Review on 59.70 acres and Preliminary Plat of 59.70 acres into three lots and one outlot. Location: Technology Drive, South of Highway 5 adjacent to Purgatory Creek. (Resolution for Comprehensive Guide Plan Change from Industrial to Church; Ordinance for Rezoning and PUD District Review;Resolution for PUD Concept; and Resolution for Preliminary Plat) Pastor Anderson introduced Tom Dornac, architect for the project, who reviewed the development plans for the property. Enger reported that the Planning Commission recommended approval at its City Council Minutes 5 March 16, 1993 • meeting February 22nd. Lambert said the Parks, Recreation and Natural Resources Commission recommended approval of the development at its March 1st meeting. Councilmembers raised questions regarding the compatibility of the church within the office/industrial area, the floodplain area adjacent to the church, and trail connections to other trails in the area. Enger stated that the compatibility issue was mitigated by the treatment of the street frontage with respect to landscaping, lighting, etc., consistent with the City's Main Street area theme. Lambert said the floodplain would remain in its natural state and pointed out that MTS would retain ownership of that area. Regarding trail connections Council directed Staff to return prior to approval of the developer's agreement for the property with information regarding trail connections. There were no comments from the audience. MOTION: Pidcock moved, seconded by Anderson, to: 1) Close the Public Hearing; 2) Adopt Resolution #93-50 approving the Comprehensive Guide Plan Change; • 3) Approve 1st Reading of Ordinance of Rezoning and PUD District Review; 4) Adopt Resolution #93-51 approving the PUD Concept; 5) Adopt Resolution #93-52 approving the Preliminary Plat; and 6) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. NORMANDY CREST by Associated Investments, Inc. Request for Zoning District Change from Rural to R1-13.5 on 3.77 acres and Preliminary Plat of 5.4 acres into 8 lots and two outlots. Location: South of Pioneer Trail and west of Normandy Crest. (Ordinance for Rezoning and Resolution for Preliminary Plat) Tom Robertson, Associated Investments, Inc., reviewed the proposed development plans. Enger said the Planning Commission recommended approval of the plan at its February 22nd meeting; Lambert said the Parks, Recreation and Natural Resources Commissions recommended approval at its meeting of March 1st. There were no comments from the audience. MOTION: Pidcock moved, seconded by lessen, to: 1) Close the Public Hearing; City Council Minutes 6 March 16, 1993 2) Approve 1st Reading of the Ordinance for Rezoning; ill 1 3) Adopt Resolution #93-53 approving the Preliminary Plat; and 4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. E. FLOOD PLAIN REGULATION ORDINANCE FLOOD PLAIN ORDINANCE REVISION (Ordinance to Amend City Code) Staff had prepared revisions to the City Code relating to the Flood Plain Regulations in order that the City standards would meet the intent of the model ordinances approved by the Federal Emergency Management Agency and the Minnesota Department of Natural Resources. The DNR had indicated that the City's revised ordinance meets Federal and State requirements. The Planning Commission had reviewed the draft ordinance and recommended approval. MOTION: Jessen moved, seconded by Pidcock, to: 1) Close the Public Hearing; 2) Approve 1st Reading of the Ordinance Amending the City Code provisions for Flood Plat. Regulations. Motion carried unanimously. V.PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye." VI.ORDINANCES AND RESOLUTIONS A. 2nd Reading of Ordinance Related to Trapping Diane Lynch, representing task force, explained the differences between the previous ordinance and the proposed ordinance. Ronald Peterson, 5940 Oaklawn Avenue, MN Trappers' Association, Michael Don Carlos, DNR, and Bert Noterman, asked the Council to reconsider allowing leghold traps, listing various situations and reasons for their use, including helping trappers with their service to cities in handling nuisance animal problems and the legally allowed rights of trappers. Charlotte Cozzetto spoke in favor of the ordinance as presented, suggesting that nuisance anima. could be handled in ways other than by using leghold traps. 559 City Council Minutes 7 March 16, 1993 • Councilmembers suggested that other expertise be added to the Task Force and that the ordinance be amended with a focus on a concept of balancing the needs of nuisance control and trapping in suburban area. MOTION: Harris moved, seconded by Jessen, to reconvene Task Force on Trapping/Wildlife Management Ordinance to discuss the issues raised at this meeting. Motion carried unanimously. MOTION: Jessen moved, seconded by Anderson, to continue the meeting to complete items VIII.A., and X.C.2. continuing all other items to future meetings. Motion carried unanimously. VIl.PETITIONS. REQUESTS AND COMMUNICATIONS VIILREPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES A. Discussion of Housing Recommendations from Planning Commission Kathy Kardell, Planning Commissioner, representing the Task Force on Housing, spoke to the concerns which prompted the formation of the committee. Basically, the Task Force found that the City was doing well when assessing the City's progress against its housing goals which were set ten • years ago as part of the Comprehensive Plan. The Task Force recommendation was to reaffirm those goals, proactively support developers' efforts to build new affordable housing, establish the existing housing base, and formulate definition of moderate priced housing. The Council thanked the Task Force for its work, endorsing its proactive stance on housing and directed them to continue their efforts, reporting back to the Council periodically. IX.APPOINTMENTS A. Appointment of Community Representative to the South Hennepin Regional Planning Agency (SHeRPA) (Continued to April 6th) X.REPORTS OF OFFICERS A. Reports of Councilmembers 1. Update on Council Request for Code of Ethics re: Receipt of Gifts (Continued to April 6th) 2. Report on National League of Cities Conference in Washington DC (Continued to April 6th) • 3. TQM Report on Inspection Conversion (Continued to April 6th) City Council Minutes 8 March 16, 1993 B. Report of City Manager • 1. Naming of New City Hall (Continued to April 6th) 2. Schedule for Joint Meetings with Boards and Commissions (Continued to April 6th) C. Report of Director of Parks. Recreation & Natural Resource 1. Cedar Forest/Hilltop Neighborhood Park Acquisition Status Update (Continued to April 6th) 2. Request from Eden Prairie Land Trust Pauly had reviewed the request of the Eden Prairie Land Trust (EPLT) for services from the City and reported that, since the City cannot expend or donate funds inappropriately, it appeared that some of the requests of the EPLT could not be met. Monetary contributions, including Staff time, would be in violation of State Law. Council directed Staff to again review the requests of the EPLT for clarification and to respond in writing as soon as possible so the EPLT could seek other sources for their needs. Councilmembers underlined their support of the goals of the EPLT, but with caution to be legal. Councilmembers discussed land use aides which the City could implement to help protect significant natural features as a parallel path of support for the efforts of the EPLT. Pau suggested it would be possible to enact ordinances or regulations relating to those properties f low/non-density development of these areas. Council directed Staff to begin review of regulations for this purpose. D. Report of Director of Community Development E. Report of Director of Public Works 1. Consideration of a Stormwater Utility to Finance System Maintenance and Water Quality Management Programs (Continued to April 13th) F. Report of City Attorney G. Report of Finance Director XI.OTHER BUSINESS XII.ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Jessen, to adjourn the meeting. Mayor Tenpas adjourned the meeting at 12:05 A.M. 5(01 0 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST April 6, 1993 CONTRACTOR (MULTI-FAMILY & COMM. ) GAS FITTER Alert Electric, Inc. Carlyle's Heating & Air Conditioning Gene Becker & Sons Builders Dan G. Johnson Plumbing Dimension Builders R C Plumbing & Heating, Inc. Integrated Construction Services Ron's Mechanical , Inc. Mahowald Services E.A. H. Schmidt & Associates, Inc. G M Northrup Construction St. Marie Sheet Metal , Inc. Rem Con, Inc. Schulties Plumbing, Inc. Sedgwick Heating & Air Conditioning Co. State Mechanical , Inc. PLUMBING Suburban Air Conditioning Bredahl Plumbing Gary Butler Plumbing, Inc. HEATING & VENTILATING 4111- Dan G. Johnson Plumbing Kingsway Plumbing Carlyle' s Heating & Air Conditioning R C Plumbing & Heating, Inc. Holmsten Ice Rinks Rick's Plumbing, Inc. R C Plumbing & Heating, Inc. E.A.H. Schmidt & Associates Ron's Mechanical , Inc. Schulties Plumbing E.A.H.Schmidt & Associates, Inc. State Mechanical , Inc. St. Marie Sheet Metal , Inc. Sedgwick Heating & Air Conditioning Co. Suburban Air Conditioning CIGARETTE Snyder Bros. , Inc. UTILITY INSTALLER Terrific Lunch Company State Mechanical , Inc. TYPE B FOOD Snyder Bros, Inc. These licenses have been approved by the department heads responsible for the licensed activity. n Pat Soli Licensing FLOOD PLAINS REGULATION • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 7-93 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, an Ordinance was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of March, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of that Ordinance, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. • C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • 56S FLOOD PLAINS REGULATIO E) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.45 ENTITLED "FLOOD PLAINS REGULATION". THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance amends City Code Chapter 11, Section 11.45 relating to Flood Plains Regulation. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor4111 PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) • 564/ CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE, CHAPTER 11, SECTION 11.45 ENTITLED "FLOOD PLAINS REGULATION" THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Sec. 11.45, as written is hereby repealed. Section 2. City Code Chapter 11, Sec. 11.45 shall be and hereby is amended to read as follows: SECTION 11.45. FLOOD PLAINS REGULATION. Subd. 1. Statutory Authorization, Purpose and Disclaimer. A. Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes, Sections 103 F.001-.165 and Chapter 462 delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota 4111/ Statutes, Section 103F.165 further stipulates that communities subject to recurrent flooding must participate in the National Flood Insurance Program. B. Statement of Purpose. The City hereby finds and declares that lands adjacent and contiguous to Riley Creek, Purgatory Creek, Nine Mile Creek, Lower Minnesota River, and lakes situated within the City are, or may be, subject to periodic flooding resulting in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and welfare. It is, therefore, the purpose of this section to guide and regulate the orderly development of such lands and thereby minimize public and private losses, and to insure maintenance of needed natural water storage areas and water courses, and their shorelines and adjacent vegetation and topography, and thereby to promote and protect the public health, safety, and welfare. It is also the purpose of this Section to maintain the City's eligibility in the National Flood Insurance Program. Nothing contained in this section shall be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. C. Warning of Disclaimer of Liability. This Section does not imply that areas outside of the flood plain or land uses permitted within the flood plain will be free from flooding and flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this • 1 Section, the Flood Insurance Rate Map for the City of Eden Prairie, Zoning Map of the City of Eden Prairie or any administrative decisions made thereunder. • Subd. 2. General Provisions. A. Adoption of Flood Insurance Rate Map. In order to comply with State and Federal law, the Flood Insurance Rate Map for the City of Eden Prairie, dated January 17, 1986, developed by the Federal Emergency Management Agency, is hereby adopted by reference. The Flood Insurance Rate Map may be used for flood insurance requirement determinations only. It must not be relied upon for information as to actual conditions, such as the non-likelihood of flooding of particular lands, since it contains inaccuracies. B. Lands to Which Section Applies. This Section shall apply to all lands within the flood plain district within the jurisdiction of the City. Subd. 3. Definitions. 1. Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2. Basement - any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 3. Flood - a temporary increase in the flow or stage or a stream or in the stage of a wetland • or lake that results in the inundation of normally dry areas. 4. Flood Plain - the channel or bed proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by a regional flood. A flood plain shall be determined without reference to the Flood Insurance Rate Map. 5. Flood Plain District - That area encompassed within flood plains in the City. 6. Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store a regional flood discharge. 7. Obstruction-any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert,building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in along, across, or projecting into any channel, watercourse, lake bed, or regulatory flood plain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater. 2 • • S6G 8. Regional Flood - a flood which is representative of large floods known to have occurred • generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in magnitude of a 100-year recurrence interval. 9. Regulatory Flood Protection Elevation -The Regulatory Flood Protection Elevation shall be an elevation no lower than two feet (2') above the regional flood elevation (the crest or highest elevation of a regional flood) plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 10. Structure-anything constructed or erected on the ground or attached to the ground or on- site utilities. 11. Any term not defined in this Section shall have the meaning as defined elsewhere in this Chapter. Subd. 4. Conflict With Other Regulations And General Compliance. A. The Flood Plain District as Overlay District. The flood plain district shall be considered an overlay of other districts provided by this Chapter 11. The uses permitted in this Section shall be permitted only if not prohibited by any other provision of the Code. The conditions and limitations imposed by this Section shall be in addition to, and not in derogation of, other provisions of the Code, and where this Section is more restrictive, the provisions of this Section shall apply. • B. Compliance. No structure or land within the flood plain district shall hereafter be used, placed, located, extended, converted, altered, filled or excavated except as provided in this Section. Subd. 5. Authorized And Permitted Uses. A. Authorized Uses in the Flood Plain District With a Permit. The following uses of land may be authorized in the flood plain district by obtaining a permit from the City. Such uses must comply, and may be authorized only on condition that they shall comply, with the Use and Construction Standards contained in Subd. 6 hereof. 1. Any use of land which does not involve a structure, a habitation, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, or excavation pursuant to Subd. 5. A. 3. hereof, or storage of materials or equipment. 2. Storage of materials or equipment if readily removable from the flood plain within the time available after a flood warning in accordance with a plan approved by the Council, or if not subject to major damage by floods and firmly anchored to prevent flotation, provided however, the storage of materials that are, in time of • 3 S61 flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. • 3. Filling or excavation pursuant to a valid permit or permits.issued by the managers of a Watershed District formed pursuant to Minnesota Statutes Chapter 103 D or any similar law having jurisdiction over the flood plain and/or the Minnesota Department of Natural Resources. 4. Placement, building, or alteration of, or addition to, a structure on that portion of a flood plain which has been filled to the Regulatory Flood Protection Elevation. 5. Public Facilities and Services. 6. Railroad tracks, roads, streets, and bridges. 7. Structural works for Flood Control structures authorized by the Commissioner of the Minnesota Department of Natural Resources pursuant to the provisions of Minnesota Statutes, Chapter 105. 8. Docks, moorings, boat storage, swimming floats, ski jump storage, diving towers, buoys or markers, permitted on or in a lake or other waters pursuant to Section 11.50 of the Code. • Subd. 6. Use And Construction Standards. A. Structures. 1. All structures, including accessory structures and additions to existing structures, shall be constructed so that the basement floor, or first floor if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation must be no lower than the Regulatory Flood Protection Elevation and shall extend at such elevation at least 15' beyond the limits of the structure constructed thereon. 2. Structures shall be constructed or placed to prevent flotation which may result in damage to other structures and/or restrictions of bridge openings and other narrow sections of water-courses. 3. Public facilities and services shall be flood-proofed in accordance with the Building Code, unless situated above the Regulatory Flood Protection Elevation. 4 • S� � B. Parking Lots. Parking lots may be at elevations lower than the Regulatory Flood • Protection Elevation, provided however, for such facilities to be used by employees or the general public there must exist and be operating a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of a regional flood. C. Railroad tracks, roads, and bridges shall be elevated to or above the Regulatory Flood Protection Elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. D. Private On-Site Sewage Treatment and Water Supply Systems. No private on-site sewage treatment or water supply system shall be constructed within a flood plain. E. Filling or Excavation. Fill shall be properly compacted and the slopes shall be properly protected by the use of rip-rap, vegetative cover or other acceptable method. A slope shall not be steeper than one (1) foot vertical elevation for each three (3) feet of the slope measured horizontally. F. All Uses. 1. Uses that do not have vehicular access at or above an elevation not more than two 411 feet below the Regulatory Flood Protection Elevation to lands outside of the flood plain shall not be permitted unless granted a variance in accordance with this Chapter. Such a variance, shall limit the period of use or occupancy of the use and may be only granted after a determination that adequate flood warning time and local emergency response and recovery procedures exist. 2. No use shall result in the pollution of, or detriment to, surface or ground water. 3. No use shall result in an obstruction to, or be incompatible with, preservation of those natural land forms, vegetation and adjacent marshes and wet areas contiguous to watercourses in the City which are principal factors in the maintenance of constant rates of water flow. 4. No use shall be permitted which results in development of land or water areas reasonably necessary to temporary withholding of excessive runoff of surface water, or of land and water areas which provide groundwater infiltration, and which development will or may decrease the capacity of such areas to withhold such surface waters, or to provide such ground water infiltration. 5. Service facilities such as electrical and heating equipment shall be installed at or above the regulatory flood protection elevation or adequately flood proofed. 1110 5 69 Subd. 7. Permit Required. A. A Permit issued bythe Council shall be securedprior to the construction, addition, or alteration of any building or structure; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to excavation or the placement of an obstruction within the flood plain district. B. Upon receipt of an application for a permit within the flood plain district, the City shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified registered engineer specifying the nature of the development and whether the proposed use is located in the Flood Plain and the Regulatory Flood Protection Elevation for the site. Procedures consistent with Minnesota Rules 1983 Parts 6120.5600 (Technical Standards and Requirements For Flood Plain Evaluation) and 6120.5700 (Minimum Flood Plain Management Standards For Local Zoning Ordinances) shall be followed during the technical evaluation and review of the development proposal. C. When filing the application, the applicant shall pay non-refundable fees 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. D. The City shall submit one copy of all information required by Subd. 7. A. of this Section, for their review and recommendations, to the Department of Natural Resources' Area Hydrologist and the Watershed District having jurisdiction over the land which is al the subject of the application, at least 20 days prior to the granting of a permit by the Council and to the City's Parks, Recreation and Natural Resources Commission and Planning Commission prior to the granting of a permit by the Council. The City shall notify the respective Department of Natural Resources' Area Hydrologist within ten (10) days after a permit is issued. Subd. 8. Certification of Floor Elevations. The applicant shall submit a certification by a registered professional engineer, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. The Director of Inspections shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the flood plain district. Subd. 9. Severability. If any subdivision, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected thereby. 6 • S0 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 16th day of March, 1993 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of April, 1993. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the 41 7 S� f • St. Andrew Lutheran Church CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-93-PUD-1-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development Church District 8-93-PUD-1-93 (hereinafter "PUD-1-93- Church"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's • Agreement dated as of April 6, 1993, entered into between St. Andrew Lutheran Church, and the City of Eden Prairie (hereinafter "Developer's Agreement"), dated as of April 6, 1993, entered into between St. Andrew Lutheran Church, and the City of Eden Prairie. The Developer's Agreement contains the terms and conditions of PUD-1-93-Church, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-93-Church is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-93-Church is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1-93-Church are justified by the design of the development described therein. D. PUD-1-93-Church is of sufficient size, composition, andarrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. S 512 Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from th Rural District and shall be included hereafter in the Planned Unit Development 1-93-Church District, and legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagrap B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of March, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of April, 1993. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on • • 6'73 Exhibit "A" Lot 1, Block 1, Technology Campus, Hennepin County, MN • • ST. ANDREW LUTHERAN CHURL E) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. • A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 8-93-PUD-1-93 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, an Ordinance was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of March, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of that Ordinance, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person duri regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk G'75- St. Andrew Lutheran Church • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-93-PUD-1-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Technology Drive, South of Highway 5 adjacent to Purgatory Creek, from Rural to Church, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. friEffective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) • 5 � DEVELOPER'S AGREEMENT • St. Andrew Lutheran Church THIS AGREEMENT, made and entered into as of April 6, 1993, by St. Andrew Lutheran Church, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Industrial to Church on 4.8 acres, PUD Concept Review on 59.70 acres, PUD District Review on 59.70 acres, Rezoning from Rural to Church on 4.8 acres and Preliminary Plat of 59.70 acres into 3 lots and one outlot for construction of a Church facility, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW,THEREFORE, in consideration of the City adopting Ordinance No._-_, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and" approved by the City Council on March 16, 1993, and attached hereto as Exhibit B, subject t such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. • 5-77 5. LANDSCAPE PLAN REVISIONS: Prior to building permit issuance, the Developer shall • submit to the Senior Planner and receive the Senior Planner's approval of a revised landscape plan with an additional 156 caliper inches. In addition, said plans shall provide for screening of the parking areas from Highway 5 and Technology Drive. Upon approval of the Senior Planner, Developer agrees to construct, or cause to be constructed, said landscaping improvements concurrent with site construction and in accordance with terms and conditions of Exhibit C attached hereto. 6. SIDEWALK: Developer shall submit to the Senior Planner and receive the Senior Planner's approval of revised site plan with a 5' wide bituminous connection from the Church to the existing 8 foot wide bituminous trail on the north side of Technology Drive. Upon approval by the Senior Planner, Developer agrees to construct, or cause to be constructed, said sidewalk concurrent with site construction, and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. PUD WAIVERS GRANTED: The City hereby grants the following waivers to the City Code requirements within the Public Zoning District through the Planned Unit Development District Review for the property and incorporate said waivers as part of the PUD. A. Waiver from the City Code requirement to allow for off-site parking. Developer agrees to enter into a perpetual cross-access and shared parking agreement with MTS. • Developer shall provide a copy of said agreement for review and approval by the Senior Planner and City Attorney prior to the issuance of a building permit. Developer further agrees to record said document with Hennepin County and provide evidence of recording prior to building permit issuance. B. Waiver from the maximum structure height requirement in the Public Zoning District from 30 to 150 feet. 8. LIGHTING: Prior to building permit issuance, the Developer shall submit to the Senior Planner and receive the Senior Planner's approval of an overall lighting plan for the property. Said lighting plan shall include lighting standards which are a maximum of 30 foot high and downcast cutoff luminar. In addition, since this site is part of the downtown area, the lighting standards at the entrance driveways should be similar to the light standards at the Wal-Mart site, which is a 20 foot high light standard with globe lighting. Upon approval of the Senior Planner, the Developer agrees to construct, or cause to be constructed, said lighting improvements concurrent with site construction and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. SCREENING OF MECHANICAL EQUIPMENT: Developer has submitted to the City and obtained the City's approval of a plan for screening of mechanical equipment on the property. Security to guarantee said screening shall be included with that provided for landscaping on the • property, for City Code requirements. If, after completion of said construction of mechanical 577 equipment screening, it is determined by the City, in its sole discretion, that the constructed screening does not meet City Code requirements, then the City shall notify the Developer an" Developer shall take corrective action to revise the mechanical equipment screening in order to meet City Code requirements. Developer acknowledges that the City will not release the security provided until any such corrective measures are satisfactorily completed by the Developer. 10. REMOVAL, SEALING OF AN EXISTING WELL AND SEPTIC TANKS, AND REMOVAL OF BUILDINGS ON SITE: Prior to issuance by the City, any permit for grading or building on the property, Developer agrees to submit to the Chief Building Official and to obtain the City Building Official's approval of, plans for demolition and/or removal of existing structures, septic systems, and wells on the property. Prior to such demolition or removal, Developer shall provide to the City a certified check in the amount of $1,000 to guarantee the restoration of the property to grade. City agrees to return said certified check to Developer after the demolition or removal is completed and after it is verified by the City that structures, well, and/or septic system have been properly demolished or removed and that the property has been restored to grade. 11. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the Senior Planner and receive the Senior Planner's approval of samples of exterior materials to be implemented on the structures on the property. Upon approval by the Senior Planner, Developer shall cause or cause to be constructed sai exterior materials in accordance with provisions of Exhibit C. 12. OTHER AGENCY PERMITS: Prior to the issuance by the City of any permit for construction of footings or foundation or the structure on the property, Developer agrees to obtain approval from the following agencies for such development of the property as depicted in Exhibit B, attached hereto, and to provide proof of such approvals to the City: A. Approval from the US Army Corp of Engineers and the Riley Purgatory Creek Watershed District for fill within the wetland area on the property as depicted in Exhibit B, attached hereto. Upon approval from the US Army Corps of Engineers and the Riley Purgatory Creek Watershed District, Developer agrees to complete such construction and development as approved by such agencies in accordance with the terms and conditions of such agency approval, and in accordance with the terms and conditions of Exhibit C attached hereto. • MARKHAM ADDITION • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in alk each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended NW accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 6, 1993, entered into between John Markham, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of February, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of April, 1993. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on SW Exhibit "A" • LEGAL DESCRIPTION That part of the north half of the Northeast Quarter of Section 6, Township 116, Range 22 described as follows: Beginning at the northeast corner of said north half; thence westerly along the north line of said north half a distance of 16.50 feet; thence southerly parallel with the east line of said north half a distance of 255.00 feet; thence westerly parallel with the north line of said north half a distance of 128.50 feet; • thence northerly parallel with the east line of said north half a distance of 255.00 feet to the north line of said north half; thence westerly along the north line of said north half a distance 6f 97.00 feet to the west line of the east 242.00 feet of said north half; thence southerly along said west line a distance of 671.00 feet to the south line of the north 671.00 feet of said north half; thence westerly along said south line a distance of 550.00 feet to the west line of the east 792.00 feet of said north • half; thence northerly along said west line a distance of 671.00 411, feet to the north line of said north half; thence westerly along said north line a distance of 1184.72 feet to a point 627 .00 feet east of the northwest corner of said north half; thence southeasterly to a point on the south line of said north half distant 1320.00 feet east, of the southwest corner thereof; thence easterly along the south line of said northhalf to the southeast coiner thereof; thence northerly along the east line of said north half to the point of beginning. Together with the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 6, Township 116, Range 22. S71 MARKHAM ADDITION EDE N OF PRAIRIE HENNEPIN COUNTY, MINNFSOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 11-93 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, an Ordinance was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of February, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of that Ordinance, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than Ask non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. C. That a printed copyof the Ordinance shall be made available for inspection byanyperson during P regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk 5-7 411 Markham Additio CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at South of Townline Road, from Rural to R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. • ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) • DEVELOPER'S AGREEMENT MARKHAM ADDITION THIS AGREEMENT, made and entered into as of , 1993, by John Markham, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for a Zoning District Change from Rural to R1-13.5 on 22.97 acres and Preliminary Plat of 57.66 acres into 38 single family lots and four outlots, and road right-of- way, all for construction of a single family residential development in three (3) phases, all said 57.66 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, all said acreage hereinafter referred to as "the Property"; NOW, THEREFORE, in consideration of the City adopting Ordinance No. - , Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in phases in conformance with the materials reviewed and dated January 28, 1993, approved by the City Council on February 2, 1993, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. DEDICATION OF OUTLOTS: Concurrent with, and as part of final platting of the Property, Developer has agreed to dedicate Outlots B, C, and D as depicted in Exhibit B, attached hereto, all for dedication to the City for park purposes. Developer further agrees that said outlots will be dedicated to the City free and clear of any liens, mortgages, or encumbrances, and in accordance with the terms and conditions of Exhibit C, attached hereto. 4. CONSTRUCTION PLANS FOR STREETS, UTILITIES, EROSION CONTROL: Developer agrees that, prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of, plans for streets, trails, sidewalks, sanitary sewer, water, storm sewer, and erosion control for the Property. Such storm sewer utility plans shall include a detailed analysis of the complete storm sewer and pond design emergency overflow calculations. • 5741 Developer acknowledges that a joint powers agreement exists between the City of Eden Prai and the City of Minnetonka that provides sanitary sewer to the Edenbrook Addition and incl conceptual approval for sanitary sewer service to the property. The City of Eden Prairie,air s to process an amendment to the joint powers agreement to include sewer service for the project and pay to the City of Minnetonka the per lot fee out of the Cities Water and Sewer Truck Fund. The Developer agrees that all sanitary sewer construction will be consistent with this agreement. The Developer shall construct at his sole expense a 12" watermain along CASH 62 from 25 feet west of Regal Court to 50 feet west of Heathbrook Drive as shown in Exhibit B. During reconstruction of CASH 62 by Hennepin County, the City at its sole expense shall construct a 12" watermain from 25 feet west of Regal Court to the west boundary of the plat. During reconstruction of CASH 62 by Hennepin County, the City shall extend sanitary sewer along CASH 62 from Regal Court to Imperial Drive. All costs for this sewer extension shall be assessed to Lots 1 through 8, Block 4, or paid by Developer upon completion. During reconstruction of CASH 62 by Hennepin County, the City at its sole expense shall construct sanitary sewer and water services to Lot 1, Block 1 from existing utilities in CASH 62. Construction plans shall include all utilities except those to be constructed by the City as described above. Construction at Imperial Court and development of Lots 1 through 8, Block 4 shall be deterred until substantial completion of CASH 62 by Hennepin County, excep removal of fill material to be used on Phase I and II. Plans for Imperial Court improvem may be deterred until CASH is substantially complete. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 5. ASSESSMENT AGREEMENT: Prior to the release of a final plat for the property, the Developer shall execute an assessment agreement for the following costs: A. The cost to extend sanitary sewer in CASH 62 from Regal Court to Imperial Court to be assessed to Lots 1 through 8, Block 4 over a period of 5 years. B. A utility connection fee for Lot 1, Block 1 of $7,400.00 to be assessed at time of building permit over a period of 20 years. 6. SIDEWALK CONSTRUCTION: Concurrent with street and utility construction on the Property, Developer agrees to construct five-foot wide, five-inch thick concrete sidewalks in the locations depicted in Exhibit B, attached hereto, and in accordance with the terms and conditions of Exhibit C, attached hereto. • 675 7. GRADING AND LAND ALTERATION PERMITS: Prior to any construction or development • on any portion of the Property, Developer agrees to apply to the City Engineer, and to obtain the City Engineer's approval of, a land alteration permit for the Property. Said permit shall include at least the following documents from Developer: A. Developers acknowledge that the following listed lots warrant special attention in relation to tree preservation during both site development grading and grading for actual home construction. Developer agrees that site grading impacts for site development work shall not exceed the impacts as shown on the approved preliminary grading/home location concept plan (sheets 10 dated 12/10/92 revised 1/26/93 and 11 dated 12/10/92 revised 1/8/93), and in addition the developer agrees to place a condition on the purchase agreement with the future builder/home owner requiring a topographic grading plan at 1" = 20' showing existing and proposed contours at 2 feet intervals and showing the grading limits of the construction. Developer agrees to review the grading plans to evaluate their conformance with the approved preliminary grading plan. If it is determined that the plans are not in compliance with the approved preliminary grading plan, developer shall require that the builder/homeowner submit the grading plan to the City of Eden Prairie for their review and approval. The lots covered by the above provision are as follows: Lots 1, 2, 9, and 10; Block 2. Lots 6, 7, and 8; Block 4. • B. Details of the grading plan shall provide for staking of the construction limits with erosion control fencing and staking of the construction limits within the wooded areas with snow fencing. C. Security as required by City Code for implementation of the landscape plan attached hereto as part of Exhibit B. Said landscape plan depicts a minimum of 453 caliper inches of trees to be planted on the Property. (Of the 2,806.5 caliper inches of trees on the Property, a total of 977.8 will be removed by development, requiring a minimum of 453 caliper inches of trees to be replaced.) D. Submit documentation from the U.S. Army Corps of Engineers and the Riley Purgatory Watershed District that the project meets their approvals. Upon approval by the City Engineer, Developer agrees to implement, or cause to be implemented, such plans, as approved by the City Engineer, in accordance with the terms and conditions of Exhibit C, attached hereto. 8. TOWN LINE ROAD LOAD LIMITS: Developer acknowledges that any overweight permits required for construction vehicles, materials, etc. for traveling on existing CSAH 62 adjacent to the Markham Addition must be obtained from the City of Minnetonka. 9. RETAINING WALLS: Developer acknowledges that the proposed retaining walls on the property are located within City right-of-way. Prior to issuance by City of any permit for 57( .. _, grading or construction on the Property, Developer agrees to submit to the Chief Build" Official, and obtain the Chief Building Official's approval of detailed plans for the retai walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. All retaining walls shall be constructed out of concrete masonary units. Upon approval by the Chief Building Official, Developer agrees to construct, or cause to be constructed, said retaining walls, as approved by the Chief Building Official, concurrent with the grading and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 10. DISPOSITION OF REMNANT LOT: Developer acknowledges that Outlot A of the Property, as depicted in Exhibit B, attached hereto, is intended to be added to the adjacent property in the future. Prior to issuance of the first building permit, developer shall submit proof that the ownership of Outlot A has been transferred to the adjacent property. 11. CONSERVATION EASEMENT: Developer acknowledges that portions of Lots 1-3, Block 1 and Outlot A are considered wetlands by the Riley-Purgatory Watershed District. Developer agrees to protect this area by providing a conservation easement over that portion of the 1 is designated as wetlands, as depicted in Exhibit B. 12. VARIANCES GRANTED BY FINAL ORDER 93-06: Developer has obtained the following variances from the Board of Appeals with respect to requirements of the City Code, Chapter 11, Sections 11.03 and 11.50: Ordinance Proposed Shoreland Variance -Lot 9, Block 3: 120' 109' Frontage Variance - Lot 3, Block 1: 85' 40' Lot 6, Block 1: 100' 95' Lot 7, Block 1: 100' 80' Lot 12, Block 2: 55' 29' Lot 13, Block 2: 100' 96' Lot 6, Block 3: 55' 30' Developer agrees to abide by the terms and conditions of approval of said Final Order #93-06, a copy of which is attached hereto as Exhibit D, and hereby made a part hereof. • 13. PHASE III CONSTRUCTION: Developer acknowledges that the construction of Phase III of • the Property, as depicted in Exhibit B, attached hereto, is not planned until after CSAH 62 is complete, with the exception of removal of fill material to be used on Phase I and II. Developer further acknowledges that no building permits will be issued for any lots within Phase III of the project until CSAH 62 is complete. 14. DISBURSEMENT AGREEMENT: The City of Eden Prairie agrees to accept a disbursement letter in the general form as attached Exhibit D in lieu of the standard letter of credit for site improvements including sewer, water, storm sewer, streets, sidewalk and grading. • • EXHIBIT D • April , 1993 City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Disbursement Letter Gentlemen: Century Bank, Eden Prairie, MN has made a supplemental Mortgage loan to John Markham (hereinafter "Owner") dated , , and recorded on , as the Document No. The principal amount of the Mortgage is ($ ) Dollars of which ($ ) Dollars is to pay for the cost of residential subdivision improvements for the Markham Addition as itemized in Developer's Agreement, dated , between the owner and the City of Eden Prairie, a copy of which is hereto attached. The disbursements of all funds from the proceeds of said Mortgage will be made by Century Bank. The disbursement of said ($ ) Dollars for site improvements will be made only: 1. On written authorization by the City of Eden Prairie or per certification procedure outlined in the attached letter. 2. The Owner hereby irrevocably and in advance consents to the disbursements of said ($ ) Dollars, pursuant to the written authorizations set forth in Paragraph 1 above. 3. If the Public Improvements contemplated for the Markham Addition project are not completed by , the Century Bank will release to the City of Eden Prairie upon demand, the balance of the $ , not previously authorized for payment for the completion of the work. It is understood and agreed that if the actual cost exceeds said ($ ) Dollars, Century Bank has no obligation to and is under no duty to advance any further funds in excess of said ($ ) Dollars. We shall not pledge, assign, hypothecate or otherwise convey these funds as collateral for any other debt. Century Bank Dated: By: Its: The undersigned irrevocably agrees to the terms and conditions stated above. John Markham Dated: 411 5-9 V • April , 1993 RE: Markham Addition Gentlemen: This letter addresses the operating procedures under which the City of Eden Prairie (hereinafter "Eden Prairie") will authorize disbursements pursuant to the agreement between Eden Prairie, Century Bank (hereinafter "Lender") and John Markham (hereinafter "Developer") described in the letter from Lender and Developer to Eden Prairie dated , (hereinafter "the , letter"). 1. Eden Prairie will rely upon the certifications of Hansen Thorpe Pellinen, Olson (hereinafter "Engineer"), addressed to Lender and Eden Prairie (each such certification setting forth the quality of workmanship, stage of construction according to the plans and specifications, and certifying the work then completed to date in terms of actual dollar amounts), all as per the Construction Loan Agreement, attached to the letter. The letter hereby authorizes Engineer, subject to the conditions set forth in Paragraph 2 herein, to certify on behalf of Eden Prairie work completed to date and disbursements by Lender of loan proceeds payable. 2. Each such certification by Engineer under the above Paragraph 1 shall be mailed or hand delivered to Lender and Eden Prairie on the same day. Eden Prairie shall have five working days from the date of the postmark on, or the date of acknowledgement of hand delivery of, such certification to perform its own independent inspection (if Eden Prairie so elects) and to object in writing to such certification. Such objection in writing shall be mailed or hand delivered to Lender and Developer and such objection shall be postmarked, or receipt of hand delivery acknowledged, on or before the fifth working day from the date of mailing or hand delivery of such certification as aforesaid, Lender may rely upon such certification to disburse sums described in the letter, provided that no more than ninety—five (95%) percent of the sums so certified are thereby disbursed, and that five (5%) percent of such sums are retained until the final inspection pursuant to Paragraph 4 herein. 3. Eden Prairie reserves the right to suspend or to terminate the authorization described in Paragraph 1 above at any time by delivering personally or by mailing by certified mail, return receipt requested,written notice to Developer and Lender to such effect. Any such suspension or termination shall be prospective only, and shall not affect any certification issued by Engineer prior to such suspension or termination by Eden Prairie. If Eden Prairie does suspend or terminate the authorization described in Paragraph 1 above, Eden Prairie agrees that, upon request by either Developer or Lender, Eden Prairie will promptly make the inspection, and certify to Lender that the work completed and the 4111 amount to be paid out are acceptable to Eden Prairie. t 4. Any language herein to the contrary notwithstanding, this letter shall not constitute authorization to Engineer to act on Eden Prairie's behalf in making the final inspection of the completed work as provided under the Developers Agreement between Developer and Eden Prairie dated , . Such final inspection shall be made by the Eden Prairie City Engineer as specified in said Developers Agreement, provided however that Lender liabilities shall not exceed the difference between ($ ) Dollars and the amount already paid for costs of residential subdivision improvements in Markham Addition as specified in said Developers Agreement. Very truly yours, CITY OF EDEN PRAIRIE By: Its: • CONSENT • John Markham hereby consents to the provisions of the foregoing letter and agrees that said letter does not modify or restrict the authorization granted by the undersigned in its letter dated , addressed to the City of Eden Prairie and signed by the undersigned and Century Bank, including particularly, and without limiting the generality of the foregoing, Paragraph 3 thereof. John Markham By: Dated: • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 93- A RESOLUTION APPROVING FINAL PLAT OF MARKHAM ADDITION WHEREAS, the plat of MARKHAM 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 MARKHAM ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 1, 1993. B. That the City Clerk is hereby directed to supply a certified copy of this 411 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 April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • 593 MEMORANDUM • TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer Gf, / FROM: Jeffrey Johnson, Engineering Technician DATE: April 1, 1993 SUBJECT: Markham Addition Resolution No. 93- PROPOSAL: The owner, John Markham has requested City Council approval of the final plat of Markham Addition. Located south of Townline Road and east and north of Purgatory Creek, the plat contains 57.28 acres to be divided into 30 single family lots, five outlots, and right-of-way dedication for street purposes. Outlots A, B, C, D, and E contain 0.36, 21.10, 10.12, 0.89, and 4.27 acres respectively. Ownership of Outlots B, C, and D will be dedicated to the City for park purposes, while Outlots A and E will be retained by the developer. Outlot E will be further subdivided into eight single family lots as a future phase of this project. • HISTORY: The preliminaryplat was approved bythe CityCouncil February2, 1993 per PP Resolution No. 93-27. Second Reading of the Ordinance changing Zoning Districts from Rural to R1-13.5 is scheduled for the April 6, 1993 City Council meeting. The developers agreement referred to within this report is scheduled for execution April 6, 1993. VARIANCES: Variances were granted by the Board of Appeals for variance to the Shoreland Ordinance and also for street frontage. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and walkways will be installed throughout this project in conformance with the developer's agreement and City Code. The developer will be constructing the public improvements to serve Phase I of this project, Blocks 1, 2, and 3. The development of Outlot E will require utility construction and extension as part of the CSAH 62 project. Prior to release of the final plat, the developer shall enter into an special assessment agreement for the costs involved in extending sanitary sewer in County Road 62 and also for a utility connection fee. 4110 594/ Markham Addition - Final Plat 411 April 1, 1993 Resolution No. 93- Page2of2 PARK DEDICATION: As described in the developer's agreement, the developer has agreed to dedicate Outlots B, C, and D as part of the final plat. Recommend that the conveyance of Outlots B, C and D be in the form of a warranty deed. BONDING: Financial security to cover the installation of utilities to be publicly owned and maintained must be provided prior to release of the final plat. RECOMMENDATION:NDATION: Recommend approval of the final plat of Markham Addition subject to the requirements of this report, the developer's agreement and the following: 1. Receipt of street sign fee in the amount of $958.00 2. Receipt of street lighting fee in the amount of $5,575.20 3. Receipt of engineering fee of$1,200.00 4. Receipt of warranty deeds for Outlots B, C, and D 5. Execution of Special Assessment Agreement • JJ:ssa cc: John Markham Terry Schneider, Project Developers HTPO • 595 FAIRFIELD SOUTH • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ; ORDINANCE NO. 10-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District and the R1-9.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, fashall be, and are amended accordingly. SECTION 4. City Code Chapter 1,entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 6, 1993, entered into between Centex Real Estate Corporation, a Nevada Corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Edenvale Industrial Company, a Minnesota general partnership, and John Rogers and Patricia Rogers, husband and wife, and the City of Eden Prairie, dated as of April 6, 1993, which Agreement and Owner's Supplement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of October, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of April, 1993. ATTEST: 41) John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on (9 Exhibit A • Fairfield South Legal Description Site Description That part of the SE; of the NW; and the NE; of the SW; lying west of the east 403.40 feet there of and Northerly of County Road No. 1 , Section 2, Township 116, Range 22, Hennepin County, Minnesota and lot 3, Block 2 from preliminary plat of Braxton Pond. 4111 1111 59f FAIRFIELD SOUTH • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 10-93 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, an Ordinance was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of October, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of that Ordinance, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. • C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • 3 Fairfield Sou CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at North of County Road 1, west of Braxton Drive, from Rural to R1-13.5 District, and from Rural to R1-9.5 subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) • 5619 i • • DEVELOPER'S AGREEMENT • FAIRFIELD SOUTH • THIS AGREEMENT, made and entered into as of April 6, 1993, by Centex Real Estate Corporation, a Nevada Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE,a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 on 16.2 acres and from Rural to R1-9.5 on 26.6 acres and Preliminary Plat of approximately 49.9 acres into 94 lots, 4 outlots and Road Right-of-Way for construction of Fairfield South, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No.10-93, and approving the preliminary plat of Fairfield South, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on October 20, 1992, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, in accordance with Exhibit C, attached hereto. 4. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. • tO U 5. SPECIAL ASSESSMENT AGREEMENT: Prior to release by the City of any final plat for the Property, Developer shall enter into an assessment agreement with the City for construclip of Braxton Road along the east boundary of the Property, including streets, utilities, trails, any related appurtenances. The assessment agreement is attached hereto as Exhibit D. 6. RIGHT-OF-WAY DEDICATION: Concurrent with, and as part of, the final plat.for the Property, Developer agrees to dedicate to Hennepin County the additional right-of-way necessary for County Road #1, as depicted in Exhibit B, attached hereto. 7. SCREENING: Concurrent with grading, and prior to issuance of any building permit on the Property, Developer agrees to implement, or cause to be implemented, the landscape screening improvements for the areas adjacent to County Road #1 and to Braxton Road as depicted in Exhibit B, attached hereto. 8. 'WETLAND DELINEATION AND MITIGATION: Prior to grading permit issuance, Developer shall obtain approval from the Department of Natural Resources, the U.S: Army Corps of Engineers, and the Watershed District that the project meets their requirements. 9. SIDEWALKS AND TRAILS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks to be constructed on the Property. Said sidewalks shall be constructed along all of the streets with the exception of cul-de-sac "D", as depicted in Exhibit B, attached hereto. Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer ag ill to construct, or cause to be constructed, said sidewalks, concurrent with street construction on the Property in accordance with the terms and conditions of Exhibit C, attached hereto. 10. UTILITY CONNECTIONS: Concurrent with utility construction on the Property, Developer agrees to provide for connection of public sanitary sewer and watermain to the existing house on Lot 9, Block 6, as depicted in Exhibit B, attached hereto. The cost of connecting said house to the sewer and watermain shall be solely that of the owner of said Lot 9, Block 6. I Gof • FAIRFIELD SOUTH OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN EDENVALE INDUSTRIAL COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of Apr; ( , 1993, by and between Edenvale Industrial Company, a Minnesota general partnership, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. 40-92, changing the zoning of the Property owned by Owner from the Rural District to the R1-13.5 District on 16.2 acres and from the Rural District to the R1-9.5 District on 26.6 acres, as more fully described in that certain Developer's Agreement entered into as of /\pr: l , , 1993, by and between Centex Real Estate Corp., a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Centex Real Estate Corporation, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the • Property to the Rural District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. • II/ 60A • . . 10 FAIRFIELD SOUTH OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN JOHN ROGERS AND PATRICIA ROGERS AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of Apr;( , 1993, by and between John Rogers and Patricia Rogers, husband and wife, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. 40-92, changing the zoning of the Property owned by Owner from the Rural District to the R1-13.5 District on 16.2 acres and from the Rural District to the R1-9.5 District on 26.6 acres, as more fully described in that certain Developer's Agreement entered into as of April 6, , 19' 3, by and between Centex Real Estate Corp., a Minnesota Corporation, and City, Owner agrees with City as follows: 1. If Centex Real Estate Corporation, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. • 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 93- A RESOLUTION APPROVING FINAL PLAT OF FAIRFIELD SOUTH WHEREAS, the plat of FAIRFIELD SOUTH 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 is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 1, 1993. 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 April 6, 1993. • Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • 604 MEMORANDUM i TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer74 FROM: Jeffrey Johnson, Engineering Technician DATE: April 1, 1993 SUBJECT: Fairfield South PROPOSAL: Centex Real Estate Corporation is requesting City Council approval of the final plat of Fairfield South. Located west of Braxton Drive and north of Pioneer Trail, the plat contains 49.9 acres to be divided into 63 single family lots, four outlots, and right- of-way dedication for street purposes. Outlots A, B, C, and D contain 7.02, 8.31, 2.16, and 6.84 acres respectfully. Outlot A is a DNR protected wetland and ownership will be conveyed to the City. Outlots B, C, and D will be retained by the Developer for future development purposes. HISTORY: The preliminary plat was approved by the City Council October 20, 1992 per Resolution No. 92-230. Second Reading of Ordinance No. 10-93, Zoning District Change from Rural to R1-13.5 • and R1-9.5, is scheduled for final reading by the City Council April 6, 1993. The Developer's Agreement referred to within this report is scheduled for execution April 6, 1993. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and walkways will be installed throughout this project in conformance with the Developer's Agreement and City Code. Recommend that all street right-of-way consistent with the preliminary plat be platted at this time. As defined in the Developer's Agreement, the Developer shall enter into a Special Assessment Agreement for the upgrading of Braxton Drive along the east boundary of the property prior to release of the final plat. PARK DEDICATION: The Developer has agreed to dedicate Outlot A to the City for conservation purposes. Recommend that this conveyance be in the form of a warranty deed. All remaining requirements for park dedication are covered in the Developer's Agreement. (?0 Fairfield South final plat Resolution No. 93- April 1, 1993 Page 2 of 2 BONDING: Financial security to cover the installation of utilities proposed to be publicly owned and maintained must be provided prior to release of the final plat. RECOMMENDATION: Recommend approval of the final plat of Fairfield South subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of street sign fee in the amount of $1,532.00 2. Receipt of engineering fee in the amount of$2,520.00 3. Receipt of street lighting fee in the amount of $10,953.18 4. Receipt of warranty deed for Outlot A 5. Execution of Special Assessment Agreement for the upgrading of Braxton Drive 6. Satisfaction of bonding requirements JJ:ssa 4110 cc: Dan Blake, Centex Real Estate Corporation Dwight Jelle, Westwood Professional Services • S • Eden Prairie High School Additions and Remodeling • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the zoning of the land be amended within the Public District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the Public Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. 111/ SECTION 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 6, 1993, entered into between Eden Prairie School District #272, and the City of Eden Prairie, which Agreement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on 2-16-93 and on 3-2-93, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of April, 1993. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on • 607 Eden Prairie High School •Exhibit "A" All that part of the NIA of Sec. 08. T. 116, R. 22 contained within the following described area: Beginning at the corner of SE% of the NE% of Sec. 08. T. 116, R. 22, thence south 89° 03' 30" west a distance of 2700 feet to the point of beginning; thence south 89° 03' 30" west a distance of 1330 feet, thence north 89° 04' 30" west a distance of 1601 feet, thence north 62° 24' 30" east a distance of 903 feet, thence 90° 00' - 00" east a distance of 1280 feet thence south 89° 01' 13" east a distance of 20 feet, thence 90° 00' 00" east a distance of 500 feet, thence south 71° 83' 69" east a distance of 970.00 feet thence west 90° 00' 00" a distance of 1243.83 feet, thence south 90° 00' 00" west a distance of 507.55 feet to the point of the beginning, and except that land lying south of the center line of Valley View Road. 410 60g EDEN PRAIRIE HIGH SCHOOL ADDITIONS AND REMODELING • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 9-93 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, an Ordinance was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of March, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of that Ordinance, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk v k� Eden Prairie High School Additions and Remodelin CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN THE PUBLIC ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN THE DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amending of land located at 17185 Valley View Road. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. • ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) • lG Jb EDEN PRAIRIE HIGH SCHOOL ADDITIONS AND REMODELING • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE HIGH SCHOOL ADDITIONS AND REMODELING FOR EDEN PRAIRIE SCHOOL DISTRICT #272 WHEREAS, Eden Prairie School District has applied for Site Plan approval of Eden Prairie High School Additions and Remodeling on 47 acres for construction of a 40,800 sq. ft. building addition on property located at 17185 Valley View Road, to be amended within the Rural Zoning District by an Ordinance adopted by the City Council on April 6, 1993; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 25, 1993, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its February 16, 1993 and continued to March 2, 1993, meeting; 110 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Eden Prairie School District for Eden Prairie High School for construction of a 40,800 sq. ft. building addition, based on plans dated February 26, 1993, between Eden Prairie School District, and the City of Eden Prairie, dated February 26, 1993, for Eden Prairie High School. ADOPTED by the City Council on April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • 611 • PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, volunteers have enriched the lives of our students and staff through their concern, commitment and generosity of spirit; and WHEREAS, volunteers are an essential component of our quality schools as they serve the educational, cultural and recreational needs of our students; and WHEREAS, volunteers of all ages and backgrounds are stepping forward to meet and help structure the changing face of education; and WHEREAS, recognition should be given to volunteers involved in all contributions which serve the students and staff of Eden Prairie Schools. • NOW, THEREFORE, I, Douglas B. Tenpas, Mayor of the City of Eden Prairie, and on behalf of the Eden Prairie City Council, do hereby proclaim April 18 - 24, 1993 as "Eden Prairie School Volunteer Recognition Week" in the City of Eden Prairie, MN Proclaimed this 6th day of April, 1993. Douglas B. Tenpas, Mayor • Col 1 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 93- A RESOLUTION APPROVING FINAL PLAT OF BELL OAKS ESTATE 2ND ADDITION WHEREAS, the plat of Bell Oaks Estate 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bell Oak Estate 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 30, 1993. 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 April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • C0 13 MEMORANDUM TO: Mayor and City Council THROUGH: Alan D. Gray, City Engineer :?/), FROM: Jeffrey Johnson, Engineering Technician DATE: March 30, 1993 SUBJECT: Bell Oaks Estate 2nd Addition PROPOSAL: Bell Oaks Company has requested City Council approval of the final plat of Bell Oaks Estate 2nd Addition,a single family residential subdivision located south of Riverview Road in the South Half of Section 36. The plat contains 37.04 acres to be divided into one single family lot, two outlots. Outlot A contains 32.76 acres and Outlot B contains 2.58 acres. Ownership of both Outlots A and B will be retained by the developer for a future subdivision. HISTORY: The preliminary plat was approved by the City Council November 15, 1988 per Resolution No. 88-258. A second reading of Ordinance No. 50-88-PUD-14-88, changing zoning from Rural to PUD-14-R1-22 and from Rural to PUD-14-R1-44, was finally read and approved at the City Council held April 2, 1991. The Developer's Agreement referred to within this report was executed April 2, 1991. VARIANCES: Variance is necessary from City Code 12.20 Subd.2.A. waiving the six-month maximum time elapse between the approval date of the preliminary plat and filing of the final plat. All other variances not granted through the Planned Unit Development District Review must be processed through the Board of Appeals. UTILITIES AND STREETS: The street within this development is proposed to be private with controlled access. Sanitary sewer, watermain and storm sewer are proposed to be publicly owned and maintained and will be installed throughout this project in conformance with City Standards. It is anticipated that an upgrading of existing Riverview Road will take place in the near future; therefore, it is recommended that the Developer enter into a special assessment agreement for the construction costs of upgrading Riverview Road. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. As specified in the Developer's Agreement, the Developer is to provide a written scenic/conservation easement over the steep bluff areas of this property. Prior to release of the final plat, the Developer shall provide written scenic/conservation easement over Lot 1, Block 1. BONDING: Financial security to cover the installation of utilities proposed to be publicly owned and maintained must be provided prior to release of the final plat. RECOMMENDATION: Recommend approval of the final plat of Bell Oaks Estate 2nd Addition subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of engineering fee in the amount of$250. 2. Execution of special assessment agreement for upgrading Riverview Road. 3. Satisfaction of bonding requirements. 4. Receipt of scenic/conservation easement over Lot 1, Block 1. JJ:ssa • cc: Bell Oaks Company Ed Ames, OSM, Inc. 6111 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 93- • A RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST 12TH ADDITION WHEREAS, the plat of BLUFFS WEST 12TH 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 BLUFFS WEST 10TH ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 30, 1993. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time elapse between the approval date of the preliminary plat • and filing of the final plat as described in said engineer's report. C. 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. D. 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 April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: SEAL • John D. Frane, Clerk MEMORANDUM TO: Mayor and City Councilmembers THROUGH: Alan D. Gray, P.E., City Engineer 06 FROM: Jeffrey Johnson, Engineering Technicia DATE: March 30, 1993 SUBJECT: Bluffs West 12th Addition PROPOSAL: Hustad Development Corporation has requested City Council approval of final plat of Bluffs West 12th Addition. Located west of Purgatory Road and north of Wild Heron Point, the plat contains 3.13 acres to be divided into five single family lots. This proposal is a further subdivision of Outlot A of Bluffs West 10th Addition. HISTORY: The preliminary plat was approved at the City Council Meeting held September 4, 1990. Second Reading of Ordinance No. 32-90-PUD-11-90 was finally read and approved at the City Council meeting June 4, 1991. The Developer's Agreement referred to within this report was executed June 4, 1991. VARIANCES: Variance is necessary from City Code 12.20 Subd. 2.A. waiving the six-month maximum time elapse between the approval date of the preliminary plat and filing of the final plat. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and walkways are currently in place and available to serve each of these lots. As required in Item 4 of the Developer's Agreement, the Developer shall provide the City with easements, covenants, and restrictions over those lots abutting the Purgatory Creek bluff area to cover conservation areas, shore land protection, and storm water runoff and erosion control. Prior to release of the final plat by the City, the Developer shall provide said easements, covenants, and restrictions to the City Engineer for review and approval. Additionally, the final plat shall be revised to match the conservancy line originally approved through the PUD process. • Final Plat - Bluffs West 12th Addition • Resolution No. 93- March 30, 1993 Page 2 of 2 SOIL EROSION: Areas of soil erosion from original site grading need restoration. PARK DEDICATION: The requirements of park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Bluffs West 12th Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee in the amount of $534.80. 2. Receipt of engineering fee in the amount of $250. 3. Receipt of documents detailing easements, covenants and restrictions for the bluff lots. 4. Revision of plat to include conservancy area originally approved through the PUD. 5. Correction of soil erosion. • JJ:ssa cc: Beth Simonsted, Hustad Development Corporation Hedlund Engineering • S - MEMORANDUM - TO: Mayor and City Councilmembers THROUGH: Eugene A. Dietz, Director of Public Works �T1/4--- FROM: Mary Krause, Project Engineer DATE: April 1, 1993 SUBJECT: Summary of Bids for I.C. 93-5319 1993 Fire Hydrant Painting Sealed bids were received at 10:00 a.m. on Thursday, April 1, 1993 for the 1993 Fire Hydrant Painting. Two bids were received and are tabulated as follows: JMG Contracting, Inc. $ 37,125.00 • F.F. Jedlicki, Inc. $ 47,700.00 The award of I.C. 93-5319 for Fire Hydrant Painting is recommended to JMG Contracting, Inc. in the amount of$37,125.00. Dsk:BID.93-5319 MK:ssa CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 93- RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 93-5319 - Fire Hydrant Painting bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to JMG CONTRACTING, INC. as the lowest responsible bidder. 411 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 JMG Contracting, Inc. in the name of the City of Eden Prairie in the amount of $37,125.00 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 April 1, 1993. Douglas B. Tenpas, Mayor ATTEST: SEAL 11, John D. Frane, City Clerk C�i`� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 93- COOPERATIVE CONSTRUCTION AGREEMENT FOR TECHNOLOGY DRIVE NEAR WALLACE ROAD (LC. 93-5307) WHEREAS, the Minnesota Department of Transportation has prepared final plans for the construction of Technology Drive near Wallace Road in Eden Prairie; WHEREAS, the City of Eden Prairie has approved said plans for the improvement of Technology Drive; WHEREAS, Cooperative Construction Agreement No. 70564 has been prepared by the State of Minnesota, Department of Transportation, which identifies the maintenance and financial obligations for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Cooperative Construction Agreement No. 70564 for State Project No. 2762-15 • (T.H. 212=121) and Federal Highway Administration Project NH 012-2(63), which provides for a lump sum payment by the City to the State for the cost of oversizing a storm sewer line to be constructed along Wallace Road within the corporate City limits in accordance with the plans, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: SEAL • John D. Frane, Clerk • 6Ao • PRE-LETTING STATE OF MINNESOTA AGREEMENT NO. SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION 70564 AGREEMENT S.P. 2762-15 (T.H. 212=121) Fed. Proj . NH 012-2 (63) Agreement between AMOUNT ENCUMBERED The State of Minnesota Department of Transportation, and (None) The City of Eden Prairie Re: City cost storm sewer construction by the State on AMOUNT RECEIVABLE Technology Dr. in Eden Prairie S12 , 000. 00 • THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . • CO;' 70564 • WITNESSETH: WHEREAS the State is about to perform grading, bituminous surfacing and storm sewer construction and other associated construction upon, along and adjacent to Technology Drive from Engineer Station 10+00.00 (Wallace Road) to Engineer Station 30+25. 00 (1,313 .86 feet west of Mitchell Road) within the corporate City limits in accordance with State plans, specifications and/or special provisions designated as State Project No. 2762-15 (T.H. 212=121) and in the records of the Federal Highway Administration as Minnesota Project NH 012-2 (63) ; and WHEREAS the upcoming construction of Trunk Highway No. 212 will displace a bus garage owned by the Eden Prairie School District; and • WHEREAS the State has agreed to relocate Eden Prairie School District facilities and finance all necessary infrastructure improvements, including the construction of storm sewer, at a new site which would be equivalent to that being displaced by the Trunk Highway No. 212 construction; and WHEREAS a new bus garage will be constructed on Technology Drive; and WHEREAS construction of the new bus garage will require the storm sewer construction to provide for the increased rate of runoff generated by the development; and 2 70564 WHEREAS the City has an inplace storm sewer line along Wallace Road • which is not adequate to handle a 10-year storm frequency; and WHEREAS the storm sewer to be built by the State to serve the new bus garage includes a storm sewer line along Wallace Road which is parallel to the City's inplace storm sewer line; and WHEREAS the City has requested that the State oversize the storm sewer to be constructed by the State to provide for City drainage; and WHEREAS the City has expressed its willingness to participate in the costs of the storm sewer construction as hereinafter set forth; and • WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 2762-15 (T.H. 212=121) in accordance with State plans, 411 70564 • specifications and/or special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Direction and Supervision of Construction The State shall direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction shall be performed in compliance with the approved plans, specifications and/or special provisions. • Section C. Plan Changes, Additional Construction, Etc. The State shall make changes in the plans and/or contract construction, which may include the City cost participation construction covered under this agreement, and shall enter into any necessary addenda, change orders and/or supplemental agreements with the State's contractor which are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State' s Metropolitan Division Engineer at St. Paul or his authorized representative will inform the appropriate City official of any proposed addenda, change orders and/or supplemental agreements to the construction contract which will affect the City cost participation construction covered under this agreement. • 4 (au • 70564 Section D. Satisfactory Completion of Contract • The State shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. ARTICLE II - INSPECTION BY THE CITY The City cost participation construction covered under this agreement shall be open to inspection by the City. If the City believes the City cost participation construction covered under this agreement has not been properly performed or that the construction is defective, the City shall inform the State Division Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the City cost participation • construction covered under this agreement has been satisfactorily performed by the State's contractor. ARTICLE III - PAYMENT BY THE CITY The City shall pay to the State, as the City's full and complete share of the costs of the storm sewer construction to be performed on Technology Drive under State Project No. 2762-15 (T.H. 212=121) , the lump sum amount of $12, 000. 00. The City shall pay the Commissioner of Transportation the lump sum amount of $12 ,000.00 after the following conditions have been met: 4110 • 70564 411 1. Execution and approval of this agreement and the State's transmittal of same to the City. 2. Award of the construction contract. 3 . Receipt of a request from the State for such advancement of funds. ARTICLE IV - GENERAL PROVISIONS Section A. Plan Changes The City may request changes in the plans. If the State determines that the requested plan changes are necessary and/or desirable, the State will cause those plan changes to be made. • Section B. Maintenance by the City Upon satisfactory completion of the Technology Drive construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway and all of the facilities a part thereof, without cost or expense to the State. Upon satisfactory completion of the storm sewer facilities and City- owned facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those facilities, without cost or expense to the State. 411 6t tF 70564 Section C. Additional Drainage • Neither party to this agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's Division Hydraulics Engineer at Golden Valley and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section D. Claims4110 All employees of the State and all other persons employed by the State in the performance of contract construction and/or construction engineering covered under this agreement shall not be considered employees of the City. All claims that arise under the Worker' s Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction and/or construction engineering covered under this agreement shall in no way be the obligation or responsibility of the City. 410 COp f 70564 All employees of the City and all other persons employed by the City in the performance of maintenance covered under this agreement shall not be considered employees of the State. All claims that arise under the Worker' s Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on maintenance covered under this agreement shall in no way be the obligation or responsibility of the State. The City at its own sole cost and expense shall defend, indemnify, save and hold harmless the State and all of its agents, officers and employees of and from all claims, demands, proceedings, actions or • causes of action of whatsoever nature or character arising out of or by reason of maintenance covered under this agreement. To the extent permitted by applicable State law, the State at its own sole cost and expense shall defend, indemnify, save and hold harmless the City and all of its agents, officers and employees of and from all claims, demands, proceedings, actions or causes of action of whatsoever nature or character arising out of or by reason of contract construction and/or construction engineering covered under this agreement. • 8 70564 Section E. Nondiscrimination • The provisions of Minnesota Statute section 181. 59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section F. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. 111/ • 9 �A9 70564 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF EDEN PRAIRIE Recommended for approval: By By � Mayor p-)S Director Pre-Letting Services Section Date By By Division Engineer City Manager Approved: Date DEPARTMENT OF ADMINISTRATION 40 By State Design Engineer Approved: Date (Date of Agreement) By (Authorized Signature) OFFICE OF THE ATTORNEY GENERAL Date Approved as to form and execution: DEPARTMENT OF FINANCE By Approved: Special Asst. Attorney General By (Authorized Signature) Date • 10 (.00 i z E f i • CITY OF EDEN PRAIRIE 4111 HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 93- SALE OF LAND TO MN/DOT FOR TH-212 WHEREAS, the City of Eden Prairie cooperated in the official mapping process to designate the final corridor for Trunk Highway 212 through Eden Prairie; WHEREAS, the official mapping process enables cities to acquire land in the corridor to protect it from development with use of State funds administered through the Metropolitan Council (Right-of-Way Acquisition Loan Fund); WHEREAS, the City of Eden Prairie purchased Lots 2 and 3, Block 2, Eden Prairie Industrial Center with said Right-of-Way Acquisition loan fund proceeds; and WHEREAS, the State of Minnesota now desires to purchase this property from the City of Eden Prairie for an amount of$1,084,152.32, which represents the expenditure that the City made to acquire said property. • NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Mayor and City Clerk are authorized to execute an "Offer to Sell and Memorandum of Conditions" and a Quit Claim Deed to convey to the State of Minnesota Lots 2 and 3, Block 2, Eden Prairie Industrial Center which is Parcel 54, County of Hennepin for S.P. 2762 (212=260) 902. ADOPTED by the Eden Prairie City Council on April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk • ��NNESor4 Minnesota Department of Transportation 4> 1-C4a Transportation Building 395 John Ireland Boulevard ''OF Ta0 Saint Paul, Minnesota 55155 March 29, 1993 Gene Dietz, Director of Public Works Eden Prairie City Hall 7600 Executive Drive Eden Prairie, MN 55344 Refer to: 7300 S. P. 2762 (212=260) 902 *52-536 Hennepin County Parcel 54 - City of Eden Prairie Dear Mr. Dietz: This letter is in response to your letter of March 22 , 1993 concerning reimbursement of the additional costs incurred by the City in the acquisition of Lots 2 and 3 (referenced above as Parcel 54) through the R.A.L.F. process. These additional expenses of $4 , 995. 40 are now included in the total purchase price. The • purchase price of each lot is as follows: Lot 2 $521, 069 .03 Lot 3 563, 083 .29 Total $1, 084, 152 . 32 I trust that the City will now be able to promptly proceed with the transfer of this property to the State. This letter further authorizes payment to the City of Eden Prairie in the amount of $1, 084 , 152 . 32 upon satisfactory filing of the conveyance instrument. If you have need for further information regarding this matter do not hesitate to contact me at 296-1132 . Sincerely, 454:4$04.10.14000.1.---- K. F. Rasmussen, Acting Director APPROV 3-31-93 Office of Right of Way and Surveys ---- n WI • DIRECTOR OF NJ - 3 IC 2,6o4adAirmiew) An Equal Opportunity Employer L Mn/DOT TP-25305-02 13-86) OFFICE OF RIGHT OF WAY STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION OFFER TO SELL AND RECOMMENDED FOR APPROVAL MEMORANDUM OF CONDITIONS 2762(212=260)902 54 Hennepin Supav,so,o�Owecl Putchase S.P. Parcel County p APPROVED Owner and Address City of Eden Prairie Mayor By Eden Prairie City Hall 7600 Executive Dr. Eden Prairie, MN 55344 For a valuable consideration,on this day of _ , 19_,the undersigned owners hereby offer to sell and convey to the State of Minnesota for a total consideration of One Million Eighty Four Thousand One Hundred Fifty Two and 32/100ths Dollars(S T,0811,152.32 )amxascehicoxbit¢/fee simple title to the real estate or an interest therein situated in Hennepin County,Minnesota,described in the copy of instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real • estate or an interest therein to the State of Minnesota,and have conditionally delivered the same to the State of Minnesota,which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Right of Way of the Minnesota Department of Transportation within 90 days from the date of this offer.Such notice of acceptance shall be by certified mail directed to the address appear- ing after our signatures hereto.If this offer is not so accepted within the time limited herein such conveyance shall be of no effect,and said instrument shall forthwith be returned to the undersigned owners. If this offer is accepted it is mutually agreed by and between the owners and the State as follows: (1) Possession of the real estate shall transfer to the State ony,';/dfhkl the date of acceptance.The owners shall have the right to continue to occupy the property or to rent same to the present occupants or others until the date for transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State.On or before the date for transfer or possession the owners will vacate the real estate and the improvements(if any)located thereon,or cause same to be vacated,remove all personal effects therefrom and have all utilities(if any)shut off by the supplier of same.No building appurte- nances or other non-personal items or fixtures will be removed from the premises by the owners or renters, including plumbing and heating fixtures,etc.The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occu- pancy and will make all necessary repairs at their own expense. The State's prospective bidders for the pur- chase or demolition of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2) Title to said real estate shall pass to the State of Minnesota as of the date of said acceptance subject to conditions hereinafter stated. (3) Buildings(if any)on said real estate shall be insured by the owners against loss by fire and windstorm in the amount of present coverage or if none in force then in an amount not less than the current market value during the entire period of the owners'occupancy of the buildings on the real estate,such policy or policies of insurance to be endorsed to show the State's interest. (4) If the State of Minnesota is acquiring all or a major portion of the property,mortgages(if any)on the property shall be satisfied in full by the State of Minnesota.The amount paid by the State of Minnesota to sat- • isfy said mortgages)shall be deducted from the amount to be paid to the owners under the terms of this agree- ment.The amount paid by the State of Minnesota to satisfy the mortgages)shall include interest on the mort- gages)to date that payment is made to the mortgage holder. 63s r= (5) If the State of Minnesota is acquiring only a minor portion of the property,and the property is encum- bered by a mortgage, it shall be the responsibility of the owners to furnish a partial release of mortgage. The mortgage holder will be included as a payee along with the owners on the check draWn in payment for the property.Any fee charged by the mortgage holder for the partial release of mortgage must be paid for by the owners. (6) The owners will pay all delinquent (if any)and all current real estate taxes and will pay in full any special assessments which are a lien against the property.Current taxes shall include those payable in the year 9 EXEMPT (7) If encumbrances,mechanics liens or other items intervene before the date the instrument of convey- ance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof authorized by the owners,said instrument of conveyance shall be returned to the owners. (8) Payment to the owners shall be made in the due course of the State's business after payment of taxes,assessments,mortgages and all other liens or encumbrances against said real estate.The owners will not be required to vacate the property until the owners have received payment. (9) No payment shall be made of any part of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. (10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date,and a copy of this offer and memorandum. (11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances be- longing to the premises including: None • it OWNERS: CITY OF EDEN PRAIRIE BY ITS Mayor AND ITS Clerk (Address of Owner where acceptance is to be mailed.) • G8u Post-It"brand�ffax transmittal memo 7671 A of p.x k /r L/cr2 fren� ,44.)3141'J�;eo Co. Co• . -Dept. PhonsM r S.P. 2762 (212=260) 902 Parcel 54 County of Hennepin QUITCLAIM DEED Date: , 19 For and in consideration of the sum of One Million Eighty Four Thousand One Hundred Fifty Two and 32/100ths Dollars ($1,084,152.32) , City of Eden Prairie, a municipal corporation under the Paws of the State of Minnesota, Grantor, hereby conveys and quitclaims to the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: All of Tract A described below: Tract A. Lots 2 and 3, Block 2, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificates of Title. Numbered 741791 and 742112. together with all hereditaments and appurtenances belonging thereto. The Seller certifies that the Seller does not know of any wells on • the described real property. Subject to utility and drainage easements. CITY OF EDEN PRAIRIE By Its Mayor And Its Clerk STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 19 , by and , the Mayor and Clerk of City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. NOTARY PUBLIC My Commission Expires: This instrument was drafted by the State of Minnesota • Department of Transportation, R/W Legal Section, St. Paul, Minnesota 55155 R10512G.09 (493S CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 93- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, through H.T.P.O., has prepared plans and specifications for the following improvements to wit: I.C. 52-189 - Braxton Drive Improvements, Phase II and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three (3) weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., Thursday, April 29, 1993, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, May 4, 1993, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bill bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on April 6, 1993. Douglas B. Tenpas, Mayor ATTEST: SEAL • John D. Frane, Clerk l2.f f f WINTHROP & WEINSTINE A PRO►C3C$QNAL ASSOCIATION SM[RMAN WINTHROP JON J.MOOANSON ATTORNEYS AND COUNSELORS AT LAW JULIE WIOL[Y SCHNELL DAV$D A.KRISTAL RODCRT R,WEINSTINE SANORA J.MARTIN THOMAS M.GCVO KAaL.A,WCOGR RICHARD A.MOLL GARY W.SCMOKMILLCR JOSERH C,NAVMAN JONATNAN D.CRAM ROGER D.GORDON 7000 S.uRNES3 3200 MINNESOTA WORLD TRADE CENTER DANIELC.00CK MOII V/DYARTMI DTCYCN C.TOURCK iCOT J.DONpOSKC CRIC J.NYATROM TOMA$L3TAPrORD 0 CADLA J. TAFFO 30 EAST O@VGNTM STRCGT STCPMCN J.SNYDLR PETER J.OLCCKL'L KRISTIN L.PETCRSON PCSEAScm HARTKU:L[R RODERT g,SOSKIN SAINT PAUL,MINNESOTA lSSldl JOANNC L.MAYZeN lAMCS W.DIERKINO DAVIO P.PCARSON fDWARO J.ORCNTYEL WILLIAM L.WINSON CATNCRINE A.OOMINOuEZ THOMAS M.MART IV JCPPR[Y R.ANSEL LVAN 0,COOUS CNDISTOPMER W.MA0CL OARRON C.KNUTSON LAURIE A.KNOCKC TELEPHONE IC121 :00•G400 TMOMAS A,WALKER 0LUZANNE M.SPELLACV JOHN A.KNAPP LLOYD W,GROOMS OINA M.GROTME COLLCN MICMCLC 0.VAILLANCOURT JULIC K.WILLIAMSON FAX I012) 2o2.9347 pATRICK W,WCOGR JOSCPM S.FRIf000AG DAVID C.MORAN,JR. DETSY J.LOUSMIN CHARLES A.OURANT O!COunset. DONALD J.SROWN MARK T.JOMNSON DIRECT DIAL CRAIG A.ORANOT DANICL W.MAROY (612) 290-8422 op.CouNSCL . April 1, 1993 Ms. Joyce Provo City Manager's Office City of Eden Prairie Via Facsimile 937-7411 Executive Drive Eden Prairie, MN 55344 Re: John E. and Mary Jo Feltl; 7012 Willow Creek Road Dear Joyce: • . As we discussed in our telephone conversation this morning, this firm represents John and Mary Jo Feltl. In confirmation of our discussion, we are requesting that the public hearing concerning the above-referenced property currently scheduled to be held during the April 6, 1993 City Council meeting be continued until the April 20, 1993 City Council meeting. If the matter will not be continued, would you please contact us in order that we may prepare accordingly. Thank you very much for your assistance. y Very truly yours, WINTHROP & WEINSTINE, P.A. By - Joseph C. Nauman cc: John E. and Mary Jo Feltl Roger Pauly, Esq. Thomas M. Hart, Esq. • 6, -/ Zo - d 9 T : t■ T f7H1 26- t -Ndti FREEBURG/PERKINS/FELTL ADDITION CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF FREEBURG/PERKINS/FELTL ADDITION FOR FREEBURG/PERKINS/FELTL BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Freeburg/Perkins/Felt1 Addition for Freeburg/Perkins/Feltl dated and revised February 17, 1993, consisting of 3 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 6th day of April, 1993. • Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • MEMORANDUM • TO: Mayor and City Council THROUGH: Carl Jullie, City Manager Chris Enger, Director of Community Development FROM: Jean Johnson, Zoning Administrator DATE: April 1, 1993 SUBJECT: HISTORY OF DOCK VARIANCE REQUESTS AT LARSON PROPERTY 7011 WILLOW CREEK ROAD, LOT 6, WILLOW CREEK Variance #84-10 In 1984, Molde, Golle and Cruz submitted a variance application to install a permanent 70 foot long dock out from the 40 foot wide easement they obtained over Larson's lot. Two variances were published: 1111 (1) construction of a second dock (a seasonal dock already existed at the Larson lot) [Code allows one dock per lakeshore lot], (2) placement of the permanent dock 10 feet from the side lot line [Code requires a minimum setback of 15 feet]. The request was routed to the Parks and Recreation Commission for review. The Commission recommended approval of the request. The Planning Staff memo to the Board contained the following conclusions: 1) The easement arrangement is private; no City division approvals have been granted. 2) Multiple dock construction per lot will alter the single family lake character and could lead to overuse of a lake. 3) The one existing seasonal dock is reasonable use of the property (lot). At the February 9, 1984 Board of Adjustments & Appeals meeting, Mr. Molde presented the request. Mr. Larson expressed opposition at the meeting stating the terms of the 1981 agreement had not • been fulfilled. Memo History of Dock Variance at Larson Property April 1, 1993 Page 2 Neighborhood opposition and support were both noted at the meeting. The Board of Adjustments continued the item, month by month, to June, 1984. At the June meeting, the Board of Adjustments received a letter from Rebecca Rom of Faegre& Benson for indefinite postponement. The Board of Adjustments tabled the item. The request did not return until 1989. Variance #89-08 In 1989, Dana Larson (conservator for Hayner Larson) and Gedney Tuttle submitted a variance application to install a permanent 70 foot long dock out from the same 40 foot wide easement over Larson's lot. The dock was proposed one foot from the side lot line. The seasonal dock had been removed. Planning Staff published a variance for a 70 foot long permanent dock one foot from the lot line, Code required a minimum setback of 15 feet. The request was withdrawn prior to any discussion at the March 9, 1989 Board of Adjustments meeting. Existing Dock Today, one dock exists at the property. The dock is permanent and appears to meet City Code requirements on length and setback. The DNR did issue a permit for the permanent dock in 1989. MEMLRSONJ7 • VILLAGE KNOLLS 2ND ADDITION • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF VILLAGE KNOLLS 2ND ADDITION FOR WOODDALE BUILDERS 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 Village Knolls 2nd Addition PUD Concept by Wooddale Builders 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 April 6, 1993; • NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Village Knolls 2nd Addition by Wooddale Builders, 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 April 1, 1993. 3. That the PUD Concept meets the recommendations of the Planning Commission dated April 1, 1993. ADOPTED by the City Council of the City of Eden Prairie this 6th day of April, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk 641 Exhibit A Legal Description • Outlot A, Village Knolls, Hennepin County, MN • VILLAGE KNOLLS 2ND ADDITION 4111 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE KNOLLS 2ND ADDITION FOR WOODDALE BUILDERS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Village Knolls 2nd Addition for Wooddale Builders dated April 1, 1993, consisting of 19.1 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. • ADOPTED by the Eden Prairie City Council on the 6th day of April, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • (011 ep . City of Eden Prairie Ede City Offices rairi` 7600 Executive Drive • Eden Prairie, MN 55344-3677 •Telephone (612) 937-2262 . March 30, 1993 Ms. Vivian D. Portner 10017 Horseshoe Trail Eden Prairie, MN 55347 Subject: Homeward Hills Road Traffic Dear Ms. Portner: Thank you for your letter of March 16 in which you raised a number of timely questions regarding traffic along Homeward Hills Road. Frankly, the points you make in your letter are very insightful toward a very important issue in our community — traffic flow and distribution. First of all, Homeward Hills Road is designated and built to collector street standards and our staff collects traffic counts on these more important roadways every two years. This information is then forwarded to the Minnesota Department of Transportation for inclusion in an overall traffic forecasting system. The last traffic count was made in June, 1991 and the roadway is scheduled for a recount this summer. The data from the 1991 count was collected immediately south of Pioneer Trail and showed a two-day average raw count of 4,552 vehicles(24 hours total). This raw count was then seasonally adjusted to an Average Annual Daily Traffic (AADT) of 4,100 vehicles per day. The seasonal adjustment takes into account the fact that traffic volumes can be higher during certain times of the year and lower at others as well as the differences between work day and weekend traffic. While the counts are nearly two years old, I believe a safe assumption is that the volumes near Silverwood Drive would not exceed the two-year old counts near Pioneer Trail, which has a larger service area. The design capacity of a street like Homeward Hills Road could easily approach 12,000 vehicles per day. Although we have not performed a precise study, a volume of approximately 6,000 vehicles per day is a more likely estimate— if Riverview is upgraded in the next three or four years. The increased volumes projected from the current proposed subdivision and others in the vicinity can be accommodated with the planned roadway network. The first phase of improving Riverview Road is expected to start this summer when Hennepin County starts the next stage of constructing County Road 18. Approximately one-fourth mile of the roadway between County Road 18 and Purgatory Creek will be improved with the County project. Due to the extremely poor soils in the area, this is expected to be a two-year project which will include some short-term intermittent closures during the construction process. The remaining three-fourths mile of Riverview Road will be a difficult project to construct. The process will include a Feasibility Study, which has been started and we would expect would be complete by mid-summer or early fall. Thereafter, a public hearing process would commence to identify the proper location for the roadway as well as assessments to adjacent properties. While this issue can and should be very important to you and your neighbors, public hearings on these type of projects ordinarily draw only residents from a one or two block area adjacent to the improvement and, as you know, it will very probably be an unpopular project to many in attendance at the public hearing. In keeping with our notification requirements, we would not send notices of the public hearing as far away from the improvement as where you live. However, if you wish to know when that public meeting is scheduled, you can certainly monitor the progress by keeping in contact with. my office. The improvement of Riverview Road is important not only from a traffic distribution aspect but from a safety standpoint as well. 644/ Recycled Paper ,Vivian Portner March 30, 1993 0 Page 2 of 2 I have included some literature and other information regarding stop signs for your information. Your observation of the effectiveness of the stop sign at Silverwood Drive is almost a "text book case". The installation of the stop sign occurred many years ago and once a stop sign has been installed, it is extremely difficult to remove them. This is true not only because of the unpopular nature of such an action, but also from the inherent safety problems of changing the conditions to which people have been accustomed to over the years. I would suspect that when cars approach the intersection from all directions, people tend to obey the stop sign. However, vehicles from only one direction (as noted in the studies enclosed) perceive no reason to stop and consequently choose to ignore the sign. Unfortunately, this is not just an educational problem that could be corrected with some monitoring by the Police Department. As noted in one of the attachments, the problem has been steadily increasing over the years, but did exist as far back as 1931 as a typical reaction to stop signs that drivers do not perceive as being necessary. The Police Department received a copy of your letter and they will continue to patrol the area for speeding and I am sure if a stop sign violation occurred would take appropriate action. Speed limit enforcement on a periodic basis is probably the best solution we have to offer in this situation. The final issue in your letter dealt with flooding conditions of Homeward Hills Road. We have no records concerning the flooding in 1965, but in 1987 our records do not show any complaints that the road was closed. The super storm in 1987 reached its peak in the late evening hours and it is possible that some temporary flooding of the roadway could have occurred without our knowledge. However, we do have an employee that lives south of the intersection with Silverwood Drive and knows that Homeward Hills Road was open early the next morning 0 following the storm event. Many changes have occurred to Homeward Hills Road since 1965 including construction of ponding areas as part of the Homeward Hills park development project in 1984. Part of the project included grading the land so that water is stored on the west side of the road for a short period of time. Based on our knowledge of the road design and the drainage area tributary to it, it is very unlikely that a road closure would occur due to storm events. Riverview Road was closed during the 1987 storm for a short time. The design process that is being done as part of the County Road 18 construction will raise the roadway slightly, but the road could be flooded in a major event similar to the one in 1987. However, the 1987 storm has no equal and a short duration closure on an extremely infrequent basis should not pose a safety problem, especially since fire and police protection would respond via Homeward Hills Road. I have passed on a lot of information in response to your letter and if you have further questions, please feel free to call me. Sincerel , ' 001 E gene A. Dietz . Director of Public Works EAD:ssa Enclosures 0 cc: Planning Commission Mayor and City Council Jim Clark, Chief of Police //rr (45. • • 10017 Horseshoe Trail. Eden Prairie, MN 55347 } March 16, 1993 Engineering Department Attn: Supervisor 7600 Executive Drive Eden Prairie, MN 55344 Dear Sir/Madam: My husband and I attended a public meeting of the Planning and Zoning Committee at Eden Prairie City Hall last week. The meeting was in regard to the development of Village Knolls 2nd Addition on Homeward Hills Road, south of Pioneer Trail. Several persons there had questions regarding traffic on Homeward Hills Road, especially with the addition of 44 more homes in this area, plus others being constructed closer to Riverview, and that is why we are writing to you at this time. When was the most recent vehicle count done on this road? Was it done only during daylight hours or did it cover a 24 hour period? Our home is on the corner of Homeward Hills Road and Horseshoe Trail and, in the 15 months we have lived in this location, we have been amazed at the volume of traffic going past us. Since this is the only way to get into or out of the area (Riverview Roac to County Road 18 has obviously been kept narrow and poorly repaired to insure little use there so as not to disturb residents in the BIG houses. ) we would like to suggest that the number of vehicles traveling Homeward Hills Road may warrant another method of access for the hundreds of homes in the area. Has this been discussed by the city at all? Are there any plans to do something to this affect? The number of vehicles whose drivers fail to even slow down for the STOP sign on Homeward H. Road and Silverwood Drive scares us. Last .fall there was a period of 7 days where 4-6 semi truck dirt haulers were hauling dirt from Bell. Oaks to somewhere else from daylight to dark, ncT uding week-ends. These trucks made hundreds of trips each in both directions on Homeward Hills Road daily. If there were no other vehicles at the STOP sign when they reached it, they just zoomed on through it. just this morning I was sewing.near an upstairs window and in 30 minutes I observed many vehicles drive right through that STOP sign -- including an.. Eden Prairie sandinc truck with a plow on it and the cars following it. In fact, in that half-hour only two cars came to a complete stop at that sign. There are so many kids in the neighborhood and the speed these vehicles travel, combined with the 75% (my count) ratio of vehicles ignoring the STOP sign, sounds deadly to me! The new Planning Committee member, Ed Schl.ampp, told about the flood in 1965 and in 1987 when Homeward Hills Road was under several feet of water, as was our other exit, County Road 18 and Riverview. He said that in 1965 (the worst of the two floods) he hauled people across the "puddle" with his aluminum boat. He asked others there if the grade of Homeward Hills Road had been changed since then or if culverts had been enlarged. None of the officials there seemed to know. What: has been done to protect lots of us from being isolated in our homes without groceries, doctors, etc? Or, worse yet, being kept out of our homes? These are all things that should concern all of us who live in the area south of Pioneer Trail that is served by Homeward Hills Road, and we are most interested in answers to our questions. Please respond by letter. Thank you, Vivian D. Portner 410 cc: Chief of Police, Eden Prairie C MEMORANDUM • TO: Planning Commission THROUGH: Chris Enger, Director of Community Development FROM: Michael D. Franzen, Senior Planner DATE: March 19, 1993 SUBJECT: Village Knolls 2nd Addition At the March 8th meeting, the Planning Commission recommended approval of the PUD Concept, Rezoning, and Preliminary Plat request for Village Knolls 2nd Addition. The Planning Commission asked the developer to return to the Planning Commission to present a solution to the transition, drainage,bike trail, concerns adjacent to Lot 1 abutting the Hillsborough Addition. The Commission had also requested additional information regarding 100 year flood plain, rear yard drainage, and NURP ponding. Attachment A is a revised sketch plan for the lots on the north end of the project. One lot has been removed, lot lines readjusted, and building pads relocated. An additional 75 feet will be • added onto the 40 foot wide park outlot. This will allow the existing vegetation on the north side of the ravine to remain, no filling would be proposed in the ravine, the storm sewer pipe would not be extended, and the pedestrian trail would be located on the south side of the ravine following very closely to the existing driveway alignment. The sketch plan does not show a revised grading plan, but based on a Staff review, the grades for new lot 1 will stop at the north property line of that lot on the south side of the trail. The 100 year flood plain for this area is at elevation 776-777. With the revisions to the lotting plan, there will be no fill proposed within the 100 year flood plain. The lowest elevation of the adjoining homes in this area is approximately 12 feet above the flood plain elevation. As part of the final storm drainage system, required to be reviewed concurrent with the final plat approval of the project, the developer will continue to work with the City Engineering Department to reevaluate rear yard drainage. In addition, discussions will be held with the City Engineer about the possibility of NURP ponds. The only location for the NURP pond would be at the outlet of the existing 42" storm sewer pipe. This would put the NURP pond within the 100 year flood plain which could be a maintenance and rebuilding problem after flooding. The Park & Recreation Staff has indicated that when the trail would be built they will require a pedestrian ramp. .i . r es, xx7 :: - •11 — r r r r /��lt /t/��`/� <xxx , •= n _ . ? _ .. - , I ' 9 .B6( 1 r • 1 ' l' .' ;-,.$-,1361. , 1 ..„ „:„.).,-/ , .. . . , 0 .._ .06to \i- f(i. ,; . . ( --, ( . _ ... .:\o. i i `.(S P 7g ''Viit : ' '. * .'.' : I C .':, '* ;I j I, _, l , 'YE% , 0,),.' I �tt: IIE5 I. r`1 1 1�0 Z6 I ( ,-� �' I if: 'B ,'p II 1-J : 1 - .; - . - . I fir imam \\ , J,. .. iii-,,,,,, ,,..:- gariambv....Aritge-- \ i'lr: \ 1 ' /f 7.i ' -; '''. .,.. • q6 ter ;' .'. ' /J• t ` „' W tom! r ` I ‘\ — 1 UN I( '''l'.1.....aJ,--Aig0l11;ii17.,j/i;I:. ,''. bV. lia--- l1.1 ' ',,,__--. d s • ' ,, ...... 0'`'� I. `il II )O � M S� l)N� tit i ' _ _ 1 r -. -\ t 4, 1 1 Q' r- / `/ j_ . J.)14*1 MONS i . k. ,_ 1 c HEDLUND Planning Engineering Surveying • February 5, 1993 Mr. Michael Franzen Planning Department City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Village Knolls 2nd Addition, Preliminary Plat application Dear Mr. Franzen, Attached with this letter are 12 sets of plans and a preliminary plat application for Village Knolls 2nd Addition. Wooddale Builders, the applicant for the preliminary plat, will be the builder for the project. The preliminary plat is consistent with the concept plan that was approved for Village Knolls except that we are proposing one less lot. The preliminary plat consists of platting Outlot A, Village Knolls. Outlot B, Village Knolls, which is in the conservancy area, remains the same and will be dedicated to the City for park. • The applicant is proposing to final plat the property into two phases with the southerly portion final platted first. The applicant will make submission for final plat on phase one immediately after preliminary plat approval, with construction of phase one proposed for the spring of 1993 . Phase two would likely be constructed in 1994. Housing prices will generally range in $200,000 plus to $400,000 range. Please review the plan sets and notify me of any revisions you might need. We would like to be on schedule for the March 8, 1993 planning commission and the March 23rd City Council. Please call me if you have any additional questions. S. ere , C . Randall C. Hedlund c.c. Steve Schwieters, Wooddale Builders • 9201 East Bloomington Freeway, Bloomington, (Minnesota 55420, Telephone (612) 888-0289 STAFF REPORT TO: Planning Commission THROUGH: Chris Enger, Director of Community Development FROM: Michael D. Franzen, Senior Planner DATE: March 5, 1993 SUBJECT: Village Knolls 2nd Addition APPLICANT: Wooddale Builders FEE OWNER: Hustad Development LOCATION: East of the Intersection of Homeward Hills Road and Silverwood Drive adjacent to Purgatory Creek. REQUEST: 1. Planned Unit Development Concept Review on 19.1 acres. 2. Planned Unit Development District Review with waivers on 19.1 acres. • 3. Zoning District Amendment in the existing R1-13.5 Zoning District on 19.1 acres. 4. Preliminary Plat of 19.1 acres into 44 single family lots. 1 • iiCml1 LNKt `"p / —I PRI ► iz J�)v • gl ‘ 88.A880TT CT. Li • ' . 89.PAINTERS RIDGE UNNY8R•.c• • �. • .. 4fif .. •.: , 7. v. CIC 414%. I..t< .. 9 • CIRCLE , • t . • "Y'�� OLYMPIC - .r-57 : ;.;4 " . tb. ig.4 ( .11 - /Th'i i , D .. . .. E j ,,,,, .., RO •:. ••••I r 2 ••7 44 `'•' •' •az • a ` • N18 •• w' • .4(4 .• . :. ( ( •' • :.•. ‘N • • • C+ (.•••1T L •• •, LSq fV .,�:4!�•• '• HIGH • • • 86. STAGECOACH PASS • [ HERON ) 8Z ioIGHTS8R10GE R0. .31.�� 1-2 •Village Knolls • ��;�,� • LA. "`D ool • •••••-4 1444k1 I'LL C; ,--- 411 • 2nd Addition �•�1����I��.,J �, � • • !• l � 4 . . I LEE A ollippr *�1_I*I� r Q 46.KEARIW . • 46* • OR 7 4,.., _ • • 11 ` .LLE.Q3•34 fQ1*41 Oh •: !?IYF,RV) -_R0: p • A. TI Ai Q , #4-u_,.? - •. / •• •CV..° •r• �' ,' Off. O• 'C5 'C4 ..: • • 1! . tf YtEW .4 P.-44 4 1 ,,...:),.. •:COVINGTON CIR. , , . • ••• . \,.....\ sI JASPER LANE 111Ni`� • 3 2 HORSESHOE TRAIL 3. BRITTANY WAY •� 4 EDINBURGH CIRCLE ......46.. ......... `_ __��� S. COLONY COURT • •�'... / ..""•.�"':i►6 NFWPORT DRIVE �,,.� 7 BROWN FARM CIRCLE • ��`� 8. S ALE M COU R T 9..OEVONSHIRE PLACE 10. WIMBLEDON COURT .• (// PT' •:ter° ..mow • II. GREYFIELO COURT � 85-BRANCHING HORN ''t+ Staff Report Village Knolls 2nd Addition • March 5, 1993 BACKGROUND This site is part of the original Bluffs West Planned Unit Development approved by the City in 1977. At that time, the property was rezoned from Rural to R1-13.5 and a portion of the area was final platted into single family lots. (See Attachment A) In 1990 the City approved a 42.7 acre amendment to this Planned Unit Development called Village Knolls and a Preliminary Plat into 68 single family lots. This PUD amended the original plan and pulled lot lines, grading and house pads farther away from Purgatory Creek (Attachment B). The first phase of the Village Knolls PUD was final platted into 23 single family lots. These are the Joe Miller homes adjacent to Homeward Hills Road. COMPREHENSIVE GUIDE PLAN The Comprehensive Guide Plan depicts this site as low density residential for up to 2.5 units per acre and open space along Purgatory Creek. The density of the Planned Unit Development including Phase I is 2.41 units per acre. Land area to the north, east across Purgatory Creek, south, and west are also guided Low Density Residential. PUD CONCEPT PHASE II • The PUD Concept Phase II depicts 44 lots. This is one lot less than the 1990 Village Knolls PUD (45 lots). There are some minor changes in the shapes of the lots but the impact on the Purgatory Creek Corridor is the same. As part of the Planned Unit Development District Review, a street frontage waiver is requested for Lot 16 from 85 feet to 35 feet and on Lot 5 from 55 feet to 30 feet. The approved PUD had two lots which were less than 85 feet of street frontage and one lot on a cul-de-sac less than 55 feet of street frontage. ZONING DISTRICT AMENDMENT AND PRELIMINARY PLAT In 1990 the City approved a Preliminary Plat for 45 lots in this Phase of the PUD. Since the zoning in 1990 was amended based upon a preliminary plat for 45 lots, the zoning must be amended again with this proposal. All of the lots meet the minimum requirements of the R1- 13.5 Zoning District which is a minimum street frontage of 85 feet (55 feet on a cul-de-sac), minimum lot depth of 100 feet, and a 13,500 square foot minimum lot size, with the exception of waivers listed in the previous section. 2 • C C Staff Report • Village Knolls 2nd Addition March 5, 1993 SHORELAND ORDINANCE The City adopted a shoreland ordinance in 1982. The shoreland ordinance identifies three types of waters in the community. Natural environmental waters, (lakes) recreational development waters (lakes) and general development waters (rivers and creeks). Purgatory Creek is classified as a general development water and provisions of the shoreland ordinance for lots that are within 150 feet apply. This means that the minimum lot size must be 13,500 square feet, a minimum lot width at the ordinary high water mark of 120 feet, and a minimum lot width of 120 feet at the building line. There is also a minimum structure setback of 100 feet from the center line of the creek. If lots are beyond 150 feet from the center line of the creek, provisions of the shoreland ordinance regarding lot size do not apply. With this preliminary plat, there are some lots that are within 150 feet of the creek and some lots that are beyond this dimension. All of the proposed lots in this subdivision meet the minimum requirements of the shoreland ordinance. This was a stipulation of the original PUD approval. PURGATORY CREEK CONSERVANCY AREA The preliminary plat drawing indicates the conservancy area of the 1975 Purgatory Creek open • space plan. 16 of the 44 lots are within the Conservancy Area which is generally referred to as a "no build zone". The attached memo dated May 11, 1990 indicates other projects in the lower Purgatory Creek area have lots in the Conservancy Area. No grading or building pads have been permitted within the Conservancy Area unless there was a trade for land outside of the Conservancy Area that was desirable to be preserved. This happened in the Bluestem Hills Fifth Addition and the Creekview Project. The June 1, 1990 memo from Bob Lambert, Director of Parks, Recreation and Natural Resources addresses the impact within the Conservancy Area in more detail. The memo speaks of the importance of preserving the slopes of the creek valley and to screen homes that may be constructed at the rim. In order to maintain the valley appearance, the memo recommends approval of fill within the Conservancy Area which will help screen the view of the proposed homes in the northerly four lots in the subdivision. This fill is also required to be reforested. Portions of any lots that are within the Conservancy Area of Purgatory Creek, shall be placed into permanent conservancy area. This would prohibit buildings, decks, grading, or removal of vegetation. GRADING AND TREE LOSS There are a total of 10,820 caliper inches of trees on site. The majority of these trees are located in the creek corridor outside of the grading limits of the proposed lots within the subdivision. • 3 Staff Report Village Knolls 2nd Addition • . March 5, 1993 Approximately 2220 caliper inches are shown on the detailed tree inventory. A total of 1320 caliper inches will be removed which results in a 12.2% tree loss percentage. This is low by comparison to the average tree loss of 30% for residential projects in Eden Prairie. A total of 210 caliper inches will be required to be shown on the replacement plan. Lots 1, 2, 3, and 4 and Lots 13 and 14 will require fill. Since the understory vegetation which provides for slope stabilization will be removed, it is important that the fill area be graded at a 3 to 1 slope and reseeded immediately after grading. After the seed has established, the developer will be required to proceed with a reforestation plan approved by the City Forester which will not only provide for better slope stabilization, but will also provide for better screening of the homes from Purgatory Creek. STORM DRAINAGES WATER QUALITY When the first phase of the Village Knolls Project was reviewed, an overall storm drainage analysis was required for the entire PUD. The storm drainage system was designed at that time based upon the ultimate size of the proposed subdivision. Storm water will be drained into an existing 42 inch storm sewer pipe which outlets adjacent to Purgatory Creek. Since the storm sewer was designed and built prior to current City requirements for NURP ponding, no NURP ponds will be required with this project. PARKS, OPEN SPACE AND TRAILS There should be a five foot wide concrete sidewalk constructed along one side of Chesholm Drive. In addition, the plan should be revised to depict an 8 foot wide bituminous trail from Homeward Hills Road to the existing bridge crossing on Purgatory Creek. A trail must be provided within a forty foot wide outlot and grades for the paths should not exceed 10%. In order to provide for buffering between the trail and the existing homes in the Hillsborough Addition, portions of the required tree replacement should be located within this area. ACCESS Proposed lots 1 and 2 of Block 2 will have a direct driveway access to Homeward Hills Road. Previous Staff Reports recommended sharing a common driveway with a provision for a turn around. It has been City's experience, that unless the homeowners have a good relationship, the maintenance of a common driveway becomes a problem. Although the common driveway is desirable, there must be a turnaround built on each site such that cars would not have to back directly onto Homeward Hills Road. 4 • Cv C Staff Report • Village Knolls 2nd Addition March 5, 1993 UTILITIES Sewer and water can be provided to this site. Additional fire hydrants will be needed at a spacing at approximately 300 feet apart in order to provide for adequate fire protection. The storm sewer pipe within the proposed trail outlet must be extended closer to Purgatory Creek in order to allow for room to build the trail to minimize the erosion on the slopes. CONCLUSION The preliminary plat pulls lots farther away from the creek and allows more of the creek corridor and existing natural vegetation to be preserved than the 1977 approval and is similar to the approved preliminary plat of 1990 with one less lot and no greater impacts on trees or the conservancy area. The amount of tree loss on this project is 12%, mainly due to the preservation of existing trees outside of the grading limits within the Purgatory Creek corridor. Where grading encroaches into the conservancy area in the northeast corner of the site, a reforestation plan will be required for the regraded areas (which is currently treeless) which will mitigate the impact of the encroachment. 410 STAFF RECOMMENDATION The Planning Staff would recommend approval of the request for PUD Concept on 19.1 acres, PUD District Review with waivers on 19.1 acres, Zoning District Amendment within the R1- 13.5 on 19.1 acres, and Preliminary Plat of 19.1 acres into 44 single family lots based on plans dated March 5, 1993 and subject to the Staff Report dated March 5, 1993 and subject to the following conditions: 1. Prior to review by the City Council, the proponent shall: A. Modify the site plan to indicate a 5-foot wide concrete sidewalk along one side of the interior loop road (Chesholm Drive). B. Modify the grading plan within the 40-foot wide outlot to provide for an 8-foot wide bituminous trail from Homeward Hills Road to the bridge across Purgatory Creek at a grade not exceeding 10%. Within this Outlot, portions of the tree replacement should be located. C. Provide a reforestation plan for the graded areas adjoining Purgatory Creek on Lots 1, 2, 3, 4, 13, and 14. This is to be subject to approval by the City Forester. • 5 C Staff Report Village Knolls 2nd Addition110 March 5, 1993 2. Prior to final plat approval, the proponent shall: A. Provide detailed storm water runoff, utility and erosion control plans for review by the City Engineer. B. Provide detailed storm water runoff and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, the proponent shall: A. Pay the cash park fee. B. Provide plans for review by the Fire Marshal. 4. Grading shall be limited to the area required for construction. The proposed grading limits adjacent to the trees to be preserved shall be staked with the construction fence. The City and Watershed District must be notified at least 48 hours in advance of grading in order to inspect the proposed construction fencing. • 5. Proposed Lots 1 and 2 shall have a turn around. 6. PUD waivers are granted as follows: For lot frontage less than 55 feet on a cul-de-sac to 30 feet for Lot 5, Block 2 and for lot frontage less than 85 feet to 35 feet for proposed Lot 16, Block 2. 6 • IC Si/2 SEC. 26' T e 1 il G2e 2• • ! �� ..• - 4� �_ 4� ♦. 4 te'7s.1s <s o. / .>,1 T71 - st I •a. ").' '/t2� •I j'i%M-•� '/ (ttl\ n y a r� . >t tee, a s 1 .+r ., �. '�!eSY• HY \ - fe•1 u 'a .4.tom . • - ..�,, t. —��'_ -•— .1A ;r. a, ,i fined 0\ 4./ (11 .�. •1.y a) . • , ate a O (I - ID1 t (!S1 (i61,� �[= SI `�I x.' wrP .ti )! / a� 1 .r(I.1 ' .. _ , . 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'--- 7 • . :" ....•-•-•; ---*'. •••i'‘o'''''''`-' '' `.'..".'" - ' --'' • i '';'. '. . . • • - _ ,- , .,__ ki • ' - 11011" - ' c.c.,\-!V . ..' \\ • : -_- „ ..'...:' OV , I .. I '. .. \ I 1 • . .....' , ' ." / 1 ' '1 \ I . • I I . I . .. 1 . 1 \ \ 1 \ - TANGLEv4000-- -—7--- -....... . • . . . . 1 i .- .. Ai • . t ' IF \ , 1 .,; • • 0 ;•1;:• ••.i' 4... t;:.• •. — -, ••• -•,.•;• ..r• ...t..i : : • IR ;::,'.• .,f;r. Fi%.0i:, ..... MEMORANDUM • TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: Barbara Penning Cross, Landscape Architect DATE: March 12, 1993 SUBJECT: Supplemental Staff Report to March 5, 1993 Planning Staff Report for Village Knolls 2nd Addition Village Knolls 2nd Addition meets all the minimum requirements of the Shoreland Ordinance and has a 12.2 percentage of tree loss, which is well below the 30% average for residential projects in Eden Prairie. The 40' outlot adjacent to Lot, Block 2 provides trail access to an existing creek crossing. There is a stand of primarily boxelder trees that screen the residents to the north, from this new development. Twenty two feet of fill will be used within Lot 1 to bring it up to grade, with the possible encroachment into the 100 year floodplain. The Planning Commission at their March • 7, 1993 meeting approved this development with the recommendation that the developer look at preserving the natural transition, minimizing fill and floodplain encroachment, while provid=::g the bike trail at grades of 10% or less. Since the Planning Commission meeting, the developer has decided to take out the northern most lot (Lot 1, Block 2). This accomplishes a number of issues. 1. It preserves the stand of trees which provide a natural buffer to the neighborhood. 2. It minimizes the amount of fill. 3. It minimizes the encroachment into the Purgatory Creek conservation line. 4. Eliminates the need for fill in the 100 year floodplain. 5. The outlot for the trail will be expanded to include most of Lot 1, Block 2. Outlot dedication will not be required as part of this development, but the owners have stated that they intend to gift it to the City at a future date. The developers will be required to construct an 8 foot bituminous trail from the trail along Homeward Hills Road down to the existing crossing at Purgatory Creek. The trail should be built concurrent with road construction in the area and should be field staked and approved by park, recreation and natural resources staff. An easement for trail purposes will be required over the trail to allow public access. The park, recreation and natural resources staff recommend approval of this project based on this supplemental staff report and Planning staff Report dated March 5, 1993. 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Hi q ---- 00111°4 l� Lf➢4p(IJ ISibri Oro `r ," �111/11►� iiiall ,ve�, / ...iii Mr S I•: vL MEMORANDUM • TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources/ / • DATE: June 1, 1990 SUBJECT: Supplemental Staff Report to the May 25, 1990 Planning Staff Report on Village Knolls The Parks, Recreation and Natural Resources Commission issues regarding this subdivision relate to the comments of the May 25th Planning Staff Report on the Shoreland Ordinance, the Purgatory Creek conservancy area, tree loss, sidewalks and trails. Although this proposal meets the Shoreland Management Ordinance, it requires a revision in the Purgatory Creek conservancy line. As staff have pointed out on previous occasions, the conservancy line was drawn at a much larger scale than is used to , review subdivisions. In some cases the conservancy line follows tree lines and in other cases it follows the top of the creek valley bluff, on other occasions it follows neither. The major purpose of the conservancy line is to preserve the creek valley in its natural condition from "rim to rim" . Obviously, the creek valley width varies a great deal as it meanders its way through the City of Eden Prairie. In some cases the creek "valley" is well over a half mile wide, while in other cases it is less than a city block in width. The location of the Village Knolls Subdivision is one of the few places where there is a man-made creek crossing in existence. This creek crossing was feasible due to the shallow and relatively narrow configuration of the creek valley in this location. The parks, recreation and natural resources staff believe that it is important to preserve the slopes of the creek valley and the limited vegetation on those slopes in this location in order to maintain the natural character of the creek valley and to screen homes that may be constructed at the rim. In order to maintain the valley appearance, staff is recommending approval of the Village Knolls Subdivision that would approve significant fill within the conservancy line in order to screen the view of the homes proposed in the northerly four lots in this subdivision. Upon review of the existing approved PUD and the many factors that limit the options for developing this piece of property, staff recommend a revision of the conservancy area line that accommodates the proposed plan. The parks, recreation and natural resources staff would recommend more specific language relating to the trail requirement for this G(gi subdivision. The creek crossing in this location is, critical to providing pedestrian and bicycle access from residents on the east side of Purgatory Creek to Homeward Hills Park. Staff believes it is critical to have this trail installed with the development and that the Developer provide a design that accommodates, not only the trail, but does not negatively impact the adjacent residential lots; therefore, staff recommends that the Developer be required to construct the 8 ' wide bituminous trail from the intersection of the northerly park access on Homeward Hills Road to the easterly boundary of this site, just across the creek bridge, prior to a building permit being granted on any of the northerly six lots on this proposed subdivision. This bike trail must be constructed according to City specifications with a grade that cannot exceed 10%. Staff would assume the bituminous trail would cross the bridge and follow the general direction of the trail as depicted on Attachment A of the May 25th Planning Staff Report, where it would tie into the existing bituminous trail along Homeward Hills Road. The projected crossing to the park will occur at the northern park . access, located directly across from the northern most cul-de-sac on this proposal. The parks, recreation and natural resources staff recommend approval of this subdivision as per the May 25th Planning Staff Report and the additional recommendations outlined in this report, and subject to review of a grading plan that will satisfactorily accommodate the proposed trail, and a landscape plan that will show fa how the fill area slopes will be "reforested" . BL:mdd noes/ • STAFF REPORT • TO: The Planning Commission FROM: Michael D. Franzen, Senior Planner THRU: Chris Enger, Director of Planning • DATE: May 25, 1990 SUBJECT: Village Knolls LOCATION: East of Homeward Hills Road at Silverwood Drive APPLICANT/ FEE OWNER: Joe Miller Homes & Wallace Hustad REOUEST: 1. Planned Unit Development Concept Review on 42 .7 acres. 2. Planned Unit Development District Review with waivers on 8.7 acres. 3. Zoning District Amendment ti 1 -., . within the R1-13 .5 Zoning '..l -__. _ ) 7 District on 8. 7 acres. _.. ; ► • ' r, • • 4. Preliminary Plat of 42.7 3 _.iU 1(_I.!1••"c.; 12.5 `� acres into 23 single _ ' •�`- "• .. !1 : family lots and 2 outlots - -`` J ' : and road right-of-way for -_ -�iI- e'" 1-,,5:a1 ; C, �> a single family 7- -`�j. >; , G.. ; 4 residential development. ��:; . ! :' :-. Y-_ 1 t.' I. r , .•S • I is .•,R1-22 BACKGROUND �_ • f' �i°•e-- PI �: ; 7r,:1�y 'y <y 1... 3 5 This is a continued item from @nt�.,. •S - .! the May 14 , 1990 Planning r1 - ` • A.� Commission meeting. The Planning Commission recommended ��� . •:, •r PROPOSED Silt that the development plans be I . .y+4r -1,. returned to the proponent for �00♦."4 ' . - the following revisions: �.�00�0�0 ' �.. :` ?}I 1. Revise the site plan to comply with the Shoreland �•��ff.404w?, Ordinance requirements. % .��� ,t, °!' 44!w.0�w.#4.-.11 "�, -' 7-=`:•- ;; �_. VP�►,OOO•v . 2. Revise the site plan to 7.1 .( V4• p ..• ••• a,..�. 77:7 eliminate encroachment \ `-`; ._ -• within the Conservancy f • `'e t.,.• -`i`; • , •1 Area of Purgatory Creek. t,. -t••, _ L ; .... --• /,7 • :..,‘., -. ..,:• :4 • , ,•4L• ' • :(• , �.�r • , Jam— ,.r f • -iAREA LOCATION MAP ,`. L. 1174.--1.-1 II .:4Acvw.'-C'" tom/ \'7i "-sr,: 71 i•;,v k. Village Knolls May 25, 1990 • 3. Minimize overall tree loss on-site. 4. Minimize the number of waivers requested through the PUD. SHORELAND ORDINANCE • The PUD Concept plan has been revised from 69 to 68 lots. Two flag lots are proposed for Lots 16 and 17 instead of a cul-de-sac on the original proposal. A cul-de-sac has been added off Homeward Hills Road plus two lots with driveway access to Homeward Hills Road. These site plan changes allow the project to meet the minimum requirements of the Shoreland Ordinance for lot size, lot width at building setback, lot width at the high water mark, and building setback. PURGATORY CREEK CONSERVANCY AREA The previous Staff Report identified impacts in the Purgatory Creek Conservancy area. 16 of the 69 lots had building pads and grading within the Conservancy Area which resulted in alteration of the character of the Creek Corridor and loss of trees. . Sheet 7 indicates the Conservancy and Shoreland Areas along Purgatory Creek. The exhibit depicts a revised Conservancy Line. The City Staff has, on occasion, recommended moving the Conservancy Line after field inspection of the proposed revision to determine what impact revision would have on the character of the creek. When it was determined that the character of the creek valley would be preserved, then the Conservancy Line was changed. The City Staff feels that the Conservancy Line could be amended for the following reasons: 1. Portions of the PUD are part of the existing Bluffs West subdivision which was approved prior to the establishment of the Conservancy Line. The PUD pulls the existing lot lines farther away from the creek, thereby minimizing encroachment on the tree line. 2. Use of flag lots on Lots 16 and 17, Block 2 in Phase 11 instead of the cul-de-sac on the previous plan pulls building pads and grading out of the Conservancy Area and preserves more trees. 3. Use of a cul-de-sac and two lots with direct driveway access to Homeward Hills Road pulls grading and house pads farther away from the Conservancy Area in the northeast corner of the property. The Conservancy Line in this area would be adjusted, however, mitigation would be required on the regraded portion where shown on Attachment A. This will 2 • Ud or- Village Knolls May 25, 1990 screen views from the trail within the Creek proposed Corridor. Attachment A indicates a revised cul-de-sac and lotting plan which would result in saving more trees and less grading adjacent to the Creek Corridor. The reconfiguration of the lots would result in a variance from the Shoreland Ordinance for building width at the setback line. TREE LOSS The previous Staff Report indicated a 39% loss of significant trees within the PUD area. Changes in the grading plan allow more trees to be saved within Phase 1, and the overall tree loss has been reduced to 35%, or 614 inches out of a total of 1847 inches on- site. The majority of the trees being saved are within the . Conservancy Area of Purgatory Creek outside of the lots proposed for the second phase. In addition, since house pads are farther from the Creek there is more of the understory vegetation along the steep slgpes adjacent to the Creek is preserved. This provides for better slope stability, erosion control, and preserves more of the Creek character than the previous plan. • PUD DISTRICT REVIEW WAIVERS The previous proposal for Phase 1 depicted 16 waivers for lot size and street frontage. The revised plan depicts 8 waivers. Lot size waivers are requested for Lots 3, 4 and 5, Block 2 , and Lots 9 and 10, Block 1. Street frontage waivers are requested for Lots 6 and 7, Block 2 , and for Lot 3, Block 1. The PUD waiver for Lot 3 is the result of keeping the existing house and providing a common driveway for Lots 2 and 3 , which intersects opposite Silverwood Road. The waivers for lot size and street frontage would be a trade off for larger lots and greater setbacks between houses and the Creek. STORM DRAINAGE Most of the storm water runoff will drain towards an existing storm sewer system on Homeward Hills Road, however, a portion of the project in Phase 1 will drain towards Purgatory Creek. Since only Phase 1 will be developed at this time, the storm sewer plan proposes a partial pipe and overland drainage swale to Purgatory Creek. On other projects with overland drainage, there has been severe erosion problems, washouts, and loss of vegetation along Purgatory Creek due to concentrated water runoff. It is • 3 Village Knolls May 25, 1990 • recommended that the storm sewer pipe be extended all the way to the channel of Purgatory Creek. Another option would be to redesign the storm sewer plan for Phase 1 to drain into the existing storm sewer system on Homeward Hills Road. • SIDEWALKS & TRAILS There should be a 5 foot wide concrete sidewalk constructed along one side of the loop road within Phase 11. In addition, the plan should be revised to depict the location of an 8 wide bituminous trail from Homeward Hills Road to the existing bridge crossing on Purgatory. Creek. A trail must .be provided within a 40 foot wide outlot and grades for the pathway should not exceed 10%. ACCESS Homeward Hills Road is a minor collector road. Intersections should be aligned directly opposite, or no closer than 150 feet offset. The site plan meets this criteria. The cul-de-sac on the . north end of the project is opposite the park entrance road to Homeward Hills Park. • Proposed Lots 1 and 2 , Block 2 would have direct driveway access to Homeward Hills Road. Due to the volume of traffic on Homeward Hills Road, it is recommended that these lots share a common driveway with provision for turnaround on each site such that cars would not have to back directly onto Homeward Hills Road. CONCLUSION The PUD as proposed is better than the previous submission with changes in road locations and lotting patterns which result in compliance with the requirements of the Shoreland Ordinance and a reduction in the impacts on the Conservancy Area along Purgatory Creek. The amount of significant tree loss has been reduced to 35% ' and more of the understory vegetation along the slopes adjacent to the Creek Corridor have been preserved since grading and house pads have been pulled further away from the Creek. Where grading encroaches into the Conservancy Area in the northeast corner of the subdivision, reforestation of the regraded area (which is currently treeless) will mitigate the impacts of encroachment. Revisions to the site plan according to Attachment A can reduce the grading impacts further. The site plan must also be revised to provide a 40 foot wide outlot and the grading plan should depict no more than a 10% grade for the proposed trail connection to the bridge over Purgatory Creek. 4 • Village Knolls • May 25, 1990 STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for PUD Concept on 42.7 acres, PUD District Review with waivers on 8.7 acres, Zoning District Amendment within the R1-13 .5 Zoning District on 8.7 acres and Preliminary Plat of 42.7 acres into 23 lots and 2 outlots based on plans dated May 25, 1990, subject to the recommendations of Staff Report dated May 11, 1990 and May 25, 1990, and subject to the following conditions: 1. Prior to review by the City Council, the proponent shall: a. Revise the Concept plan according to Attachment A to reduce grading in the Creek Corridor. b. Modify the site plan to indicate a 5 foot wide concrete sidewalk along one side of the interior loop road within Phase 11. c. Modify the site plan to provide for a 40 foot wide outlot with a grading plan depicting an 8 foot wide bituminous trail from Homeward Hills Road to the bridge across Purgatory Creek at a grade not exceeding 10%. d. Provide a tree replacement plan for 300 caliper inches. Provide a reforestation plan for the graded areas adjoining Purgatory Creek where shown on Attachment A. e. Modify the storm drainage plan to either extend the storm sewer pipe to the center line of the Creek, or redesign the storm sewer system to redirect all storm drainage to Homeward Hills Road storm sewer system. 2. Prior to final plat approval, the proponent shall: a. Provide detailed storm water runoff, utility and erosion control plans for review by the City Engineer. b. Provide detailed storm water runoff and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, the proponent shall: a. Pay the appropriate cash park fee. b. Provide plans for review by the Fire Marshall. • 5 Village Knolls May 25, 1990 • 4. Grading shall be limited to the area required for Phase 1 only. Stake the proposed grading limits with a construction fence. Notify the City and Watershed District at least 48 hours in advance of grading. • 5. Concurrent with Phase 11 construction, construct a 5 foot wide concrete sidewalk along the interior loop road. 6. If the site plan is revised according to Attachment A, Shoreland Ordinance variances will be required when Phase 11 is subdivided for proposed Lots 4 and 5, Block 2. The Shoreland Ordinance variances for lot width at the building setback results in a better site plan with less grading adjacent to the Creek. 7. Proposed Lots 1 and 2, Block 1 shall share a common driveway. Each lot shall have a turnaround. 8. Waivers are granted through the PUD District Review for lot size on Lots 3, 4, and 5, Block 2, and Lots 9 and 10, Block 1; and street frontage for Lots 6 and 7, Block 2. and Lot 3, Block 1. 9. Waivers for flag Lots 16 and 17, Block 2 on Phase 11 will be necessary as part of a PUD District Review when Phase 11 is submitted for zoning and plat approval. VLGEKNOL.MDF:mmr 6 rI I o C one . There are no tr ees i n this area .' T he topogl aphy app incorrect , d11P to fill that has been brought in over • _____ ___/„.. ______ ___. _ ___. ____;.„. __ dAR 'HILLS ROAD ---� ,• `_ PI. ‘:----' - 711 ) -\1/4.. •10—...-whommu_ i .—.•- , 1 / 1 -. :ass^ ',.:.::: . t i t 9,4 IllPr' .-/ .•\ , 'ilf '-AV •••!!Illilt."44:40•01: 13) :-). •,;4:.:.. ,14,74ii . ,tv,,, \ .4 • • *. , >--t- cia • •-- t) \I :,/ '411p.z ,-15: 1,,A,,A::•:",•:, ' ?-77' ' --74;;Z'••• .1'•t% ------ \ / , 1 11/1 ���'l 1 1 \ it;::•::: :.:C: : ' \ .mow r•:, ‘ ',. ,1-.2t — -,. -7•------:::------------. ,•--r_. .;.,--;:"5:-. - I. .. ...:...::.:::..::.::: ..._. . 4 ' \`:."-----; • • 1 I -...., '. -. ----- '''‘, 1 1 li I \ , ‘ .\ „ _•• 's 'V --"' ;./. .1 ;1",/; •-- - \\.',.. ; \ 1<te----.1-Km- r-Fcri -, --• \ 1 :ii-,..:._: -!&), 1,- • 1 -__-tiellENA/PeD litLY2 , ._k\c„ - .y.,:.-A.<)- :,°‘,1 ti° ; , 4 ? r- v io°fo / `:- ''1 r , .. . /' Attachment A ) ‘. .- ,,, , • I _. 3r 3 Ct6'P.[: jl„1 'O►1' 91n�, r, ; ! four I / down the slope . / ' 669 _�j �� This area contains predom i na►�t l y four- t_- ten- inch d i' ama trees . There are also some boxeldpr trees . sumac and bl : — _ .,/ cherry . c k STAFF REPORT • TO: The Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: May 11, 1990 SUBJECT: Village Knolls LOCATION: East of Homeward Hills Road at Silver Wood Drive APPLICANT/ FEE OWNER: Joe Miller Homes and Wallace Hustad REQUEST: 1. Planned Unit Development Concept Review on 42.7 acres. 2 . Planned Unit Development District Review with waivers on 8. 7 acres. 3 . Zoning District Amendment with the R1-13 . 5 Zoning District on 8 .7 acres. • 4. Preliminary Plat of 42 .7 acres into 23 single 0 family lots and 2 outlots and road right-of- way for a single family residential development. Background ic,,, { _ '' "• This site is currently guided �‘" ft : . ,,��// r .N0A0 Low Density Residential and is \ _';:?. zoned R1-13 . 5. Portions of '!' ,�; _ i r'Ii .i.�� ! �•4,R1E22" this site are within the ;7 I ` y.- `,. - ?C. ` 4l:� ; r. transition and conservancy �; r.., �-' .:1 ' '.Y ' i,43.5_ areas as depicted on the 1975 �►�i.1 .�>r- ;'! Purgatory Creek and Open Space ►•.. ; `� Plan. Portions of this site ►�` are impacted by the Shoreland j��.v. . . PROPOSED SITE Ordinance for lots abutting l '���+'���, y�?,. Purgatory Creek. / *♦�♦O �' P.U.D. Concept .. .-- �:•����•S�j�*4nk 0,al ^J The P.U.D. Concept on 42 .7 "' :,\1:.�\; R , )8� ♦•� +r� acres covers land from Homeward .`' _ to+&4p/�-.s�! -: '` Hills Road to the centerline of • '`�•.� A• �+����.'��►4..�� _ r, Purgatory Creek. The first .• ...'.,';�^�‘: ;_ .�.. ,. r� • ' ....__ • 1 \�r y ".,, 1-1 p. `.- • .i'. • n . AREA LOCATION MAP 0/ O l_ . . . 117..:- -I.-I 1 II •:4:ca...s-k� ---Ai \.r: "—,r..: y, !-::: phase of the development called Village Knolls is 23 lots • immediately adjacent to Homeward Hills Road. The second phase is concept only for land development adjacent to the creek corridor. The net density of the PUD is 2.44 units per acre based on 28.3 acres. The gross density which includes the creek corridor is 1. 62 units per acre. Purgatory Creek Conservancy Area • Attachment A indicates the transition and conservancy areas of the 1975 Purgatory Creek Open Space Plan. Twenty-nine of the total 69 lots are within the transition area which is a "build with care" area and 16 of the 69 lots are within the conservancy area which is a "no build zone" . The attached memo indicates other projects in the Lower Purgatory Creek area which have lots in the conservancy. However, no grading or building pads have been permitted within the conservancy area unless there was a trade for land area outside of the conservancy that was desirable to preserve. This occurred in the Bluestem Hills 5th Addition and the Creekview project. No trade is proposed as part of the PUD. Shoreland Ordinance Purgatory Creek is classified as a general development water. Provisions of the Shoreland Ordinance that are applicable would be a 13 , 500 square foot minimum lot size, 120 feet of lot width at the building setback, 120 feet at the Ordinary High Water Mark, and a • 100 foot building setback. Eleven of the 14 total lots (where shown on Attachment A) within the shoreland area do not meet the minimum lot width of 120 feet or 120 foot lot width at the Ordinary High Water Mark. Shoreland setback variances are required on proposed Lots 4 and 5 which are setback a minimum of 70 feet from the creek. This is based on a 50 foot pad depth. A survey of houses built within scenic areas of the community average 70 feet in depth. This would mean that the Shoreland setback could be 50 feet from the centerline of the creek. Of the projects surveyed • within the Lower Purgatory Creek area, no shoreland setback variances have been granted. Impact of Conservancy Area Encroachment and Shoreland Variances An overall tree inventory has been submitted which depicts specific tree types and sizes for the first phase of the project, and an overall general description of tree types for the balance of the property. Attachment B indicates the environmentally sensitive portions of the site. Within the conservancy area, areas 3 and 4 are the most sensitive based upon the size, type, and quality of the trees which are predominantly oak. Area 2, contains a small • 2 6q ! ( amount of tree cover, but is the closest area to the creek immediately adjacent to steep slopes. The creek follows the rear lot line of Lots 4 , 5, and 6 and may be a safety issue if the creek continues to erode the slopes. Area 5 is the top part of a ravine, located approximately 500 feet from the centerline of the creek. Most of the trees in this area are box elder and elm. Grading and Tree Loss • There are a total of 1, 847 inches of significant trees within the P.U.D. Trees in phase one total 389 inches, phase 2 totals 330 inches and 1, 128 inches are within the conservancy area to the centerline of the creek. Grading will result in a 39% tree loss or 719 inches, two thirds of which are oak trees. Tree replacement would be 373 inches. Grading also removes understory vegetation along the steep slopes adjacent to Purgatory Creek. This vegetation provides slope stability, erosion control and is a significant part of the creek character, especially in areas 2, 3 , and 4 . Twelve of the lots in the conservancy area are proposed at 50 foot pad depths. The attached survey of building permits issued in areas adjacent to creeks, lakes, and scenic areas average 70 feet in depth. With larger pads there will be additional grading, tree loss, and encroachment to Purgatory Creek conservancy area. Phase One Preliminary Plat Phase 1 depicts 23 lots on 8 . 6 acres at 2. 64 units per acre. If 1111 this project was submitted by itself, a Comprehensive Guide Plan change would be required since the density exceeds 2 1/2 units per acre. However, the overall density of the total PUD is 2 .44 units per acre. • Lot sizes range from 11,200 square feet to 18 , 675 square feet with an average lot size of 14, 031 square feet. Waivers are requested • through the PUD District Review for lot sizes less than 13 , 500 square feet, and for street frontage less than 85 *feet. Lot size waivers are requested for Lots 3-9, Block 2 and Lots 6, 9 , and 10, Block 1. Street frontage waivers are required on Lots 2 and 3 , Block 1 and Lots 6, 7, 11, and 12, Block 2. Utilities Sewer and water service is available by connection to existing facilities within Homeward Hills Road. Most of the storm water run-off will drain towards an existing storm sewer system in Homeward Hills Road, however, a portion of the project will drain towards Purgatory Creek. Since only phase one is proposed to be developed at this time, the storm sewer plan 3 • . (09\ proposes a partial pipe and overland drainage swale down to • Purgatory Creek. Additional overall storm water run-off information is necessary to evaluate the proposal and the impact on natural features and the creek corridor. If the overland drainage would result in tree loss and significant erosion, then the storm sewer system should be revised to connect to Homeward Hills Road or be carried by storm sewer pipe to Purgatory Creek. Sidewalks and Trails There should be a 5 foot wide concrete sidewalk along one side of the loop road within phase one of the Village Knolls project. The second phase should include a 5 foot wide concrete sidewalk along one side of the loop road. Flood Plain This site is adjacent to a flood plain area. No grading or filling is proposed within the flood plain. Conclusions The City is being asked to consider approval of a 42 .7 acre, 69 lot PUD Concept plan and phase one approval for preliminary platting of 23 lots adjacent to Purgatory Creek. The Staff Report identifies grading and tree loss impacts in the conservancy area, and Shoreland area. Tree loss is calculated at 39%. The City should decide whether the site plan with PUD waivers for lot size and street frontage, shoreland variances, and conservancy area encroachment is better than if no waivers, variances or conservancy area encroachment was considered. The developer is proposing the dedication or preservation of 12. 4 acres to the centerline of the creek as a trade-off for the shoreland variances and encroachment into the Purgatory Creek Conservancy Area. Historically, the City has approved lots in the conservancy area of Purgatory Creek, predicated upon no building or grading within the conservancy area. House pads and grading have been allowed in the conservancy area if there was a land trade for area outside of the conservancy that should be preserved such as steep slopes or woods. No shoreland setback variances have been approved. If the City feels that the impacts on the creek corridor are significant, there are a number of ways in which the site plan could be modified to reduce impacts in the conservancy and shoreland areas. These would include: 1. Use of cul-de-sacs instead of a through road to minimize filling in the ravines. 2. Fewer but larger lots adjacent to Purgatory Creek. 4 cTh C C� 3. Shift the loop road further west. This would result in larger ill pads outside of the conservancy area, protect more of the wooded slopes and compliance with the 100 foot shoreland setback. Staff Recommendations • If the PlanningCommission is comfortable with the development P plans as proposed, then one option would be to recommend approval of the PUD Concept, preliminary plat and zoning request based on plans dated May 7, 1990 subject to recommendations in the Staff Report and subject to the following conditions: 1. Prior to City Council review proponent shall: A. Modify the site plan to eliminate the shoreland setback variances, and remove building pads and grading from the conservancy area. B. Submit a tree replacement for 373 inches. C. Provide more detailed storm sewer information on overland drainage to Purgatory Creek. 2. Prior to final plat approval proponent shall: a. Submit detailed storm water run-off, utility, and erosion fl) control plans for review by the City Engineer. b. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3 . Prior to grading permit issuance proponent shall: a. Stake the proposed construction limits with a tree fence and notify the City 48 hours in advance of grading. 4 . Current with construction of phase one construct a 5 foot wide sidewalk along the internal loop road. 5. Shoreland setback variances require review and approval by Board of Appeals and Adjustments. If the Planning Commission feels that the impacts on the site' s natural features including trees, the conservancy area, and the shoreland area are significant, then one option would be to return the development plans to the proponent for revisions. VILKNOLS.MDF 5 • MEMORANDUM TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning • DATE: May 11, 1990 SUBJECT: Purgatory Creek Master Plan and Residential Projects Within Shoreland Areas The Purgatory Creek Master Plan was prepared in 1975 as a guide for the City to review the development along the Purgatory Creek valley. The conservancy line was developed to define an area beyond which no development should occur. The conservancy line was drawn on a large scale and generally follows the rim of the creek valley, tree coverage, and contour lines. The purpose of the conservancy line was to establish a tentative boundary of a natural area that would be preseved along Purgatory Creek valley. Generally the City has required scenic easements or land to be dedicated on all land between the conservancy line and the creek. However, City Staff has, on occasion, recommended moving the conservancy line after field inspection of the proposed revision to determine what impact the revision might have on the character of • the creek valley. If it was determined that the character of the creek valley would be preserved the conservancy line was changed. The Parks Commission has previously recommended that the Bluestem Hills 5th Addition and Creekview conservancy lines be modified. In both cases the developer proposed a land swap as a mitigating measure which gave the City control over more land along the creek than if the original conservancy line was adhered to. There have been several subdivisions approved along the lower Purgatory Creek area between County Road #1 and Riverview Road with lots platted • within the conservancy; however, all building pads and grading have been outside of the conservancy. Scenic easements have been established over the concervancy area within the platted lots and the balance of the land along the creek was gifted to the City. Staff has reviewed a majority of subdivisions approved along the lower Purgatory Creek valley. The attached chart provides comparison between the subdivisions along the lower Purgatory Creek area. The following is a brief analysis of seven residential projects within Shoreland areas: Weston Bay Weston Bay is a 24 lot single family subdivision abutting Mitchell Lake. Mitchell Lake is classified as a natural environmental water • 1 ��J with a minimum lot size of 40, 000 square feet, minimum width at the building line of 150 feet, minimum width at the Ordinary High Water II Mark, 150 feet, and a minimum setback from the Ordinary High Water Mark of 150 feet. None of the lots that abut Mitchell Lake met the requirements of the natural environmental water. The lot sizes range from 21, 000 to 39 , 000 square feet with a 28 , 000 square foot average. Lake frontages range from 52 to 197 feet with a 100 foot average. All but one of the lake lots met the 150 foot setback requirement from the high water mark. This site was previously zoned for 60 townhome units. Weston Bay was approved for 24 single family lots. Variances were granted from the Shoreland Ordinance due to a reduction in density, the lot sizes proposed were comparable to existing lots in the Timber Lake residential project to the north (which was approved prior to the adoption of the Shoreland Ordinance) and all but one lot met the 150 foot setback requirement. There was a common lake access outlot which increased the average frontage and lot size which they traded away individual dock rights. Red Rock Ranch Red Rock Lake is classified as a recreational development water with a minimum lot size of 20, 000 square feet, minimum width building setback of 120 feet, minimum width at the Qrdinary High Water Mark at 120 feet, and minimum setback from the Ordinary High Water Mark of 100 feet. The Red Rock Ranch plan had 31 lots abutting the lake. The initial plan included 17 variances for width at the high water mark and width at the building setback. 4.1 This plan was revised based upon Planning Commission recommendation and the number of variances were reduced to two. The variances were granted since the lots on the wooded point average 44, 000 square feet, the remainder of the lakeshore lots averaged 33 , 000 square feet and the average lakeshore width was 145 feet. This resulted in more trees saved on the wooded point, greater setbacks between houses, and less visual impact on the lake. Timber Creek Timber Creek is a mixed use residential project with 68 multiple family units and 40 single family units. Timber Creek abuts Purgatory Creek which is a general development water. Three variances were requested for lot width less than 120 feet for five single family lots and for lot size less than 10, 000 square feet for one of the townhome buildings. 'The variances were granted due to 51 of the 89 acres being set aside for public use along the creek. Twenty-one of the 51 acres were in an oak wooded knoll that could have been developed. Creekview The Creekview residential project abutted Purgatory Creek with a net density of 1. 5 units per acre. The initial plan reviewed by 2 • the Planning Commission had shoreland setback variances for 20 • lots. The project was revised based upon Planning Commission and City Council recommendations to meet all requirements of the Shoreland Ordinance. In addition, approximately 15 acres on Purgatory flood plain was gifted to the City. Scenic easements were required on all steep slopes adjacent to the creek. Shores of Mitchell Lake • Mitchell Lake is classified as a natural environmental water with a minimum lot size of 40, 000 square feet, a 150 foot building setback from the lake, and 150 feet of lot width required. Variances were granted for 10 of the 27 lots within the shoreland area. The variances were grantedfor setback to 100 feet on 5 lots and lot width to 100 on 5 lots, since the overall density within the area was in excess of one acre, the average setback was in excess of 150 feet, and the average lake frontage was 225 feet. Five acres of land adjacent to the lake which contained a significant number of 24 to 40 inch oak trees was also dedicated to the City. Summary It appears that consideration for shoreland variances in some of the projects were based on trade-offs which resulted in a better site plan which saved more trees and topography with benefits for the City. • PURGMP.MDF:bs • 3 Land Gift . Number of Lots Number of Lots Minimum Average Scenic or in in Creek Creek Easement. Subdivision Acres Units Density Dedication Conservancy Area Transition Area Setback Setback Over Conservanct Hillsborough 16 34 2.2 3.4-acre gift 17 19 300 300 Yes March 1987 gift • Creekview Estates 25 29 1.5 6-acre 15 15 lop 200 Yes M'�1 1980 dedication B sofs West .4th 14. 3 19 1.3 4.3-acre 0 17 120 300 Yes May 1985 gift Bluffs East 5th 30 15 1 .9 50-acre 0 23 300 300 •Yes gift in PUD • Bluestem Hills 31.6 64 2.0 gift 15 15 120 250 Yes August 1986 Bluff West 1st 100 210 2.2 land gift 7 13 200 200 Yes Creekview 78 93 1.3 15-acre 1 27 200 350 Yes gift • Bluffs W. 7th 4.6 11 2. 36 2.42 acre 1 2 300 300 Yes A'� GE 42.1 66 1.77 GI dication 9.4 19.9 191 315 k+4.J • BUILDING PAD DEPTHS ON ESTIMATED HOUSE VALUES OF $200,000 - $300,000 (Source: Lot surveys of April 4-June 1, 1989) Porch Deck If 14' Deck/Porch Addition Lot Block Building Pad Depth Y N added, rev. pad Kingston 4 2 64' x 78' Kingston 5 3 63' x Promotory 8 2 46' x 60' Bluestem 5 9 1 50' x *Timber Lakes 5 1 52' x `J Starrwood 5 2 62' x Shady Oak Ridge 2 2 50' x Bluffs West 5 3 2 58' x �' Starrwood 13 1 68' x Bluffs West 5 4 4 65' x Bluestem 5 9 2 (L75' )50' x Carmel 4 4 64' x 78' *Weston Bay 5 2 49' x Tree Farm 2 7 52' x Edenvale 10 5 2 66' x Cardinal Ridge 1 2 64' x Cardinal Hills 14 3 48' x 62' Bluestem Hills 4 1 63' x Starrwood 8 3 68' x *Lake lot - minimum building pad depth should be 60 feet. Lak 111/ BUILDING PAD DE ON ESTIMATED HOUSE VALUES R $300,000 (Source: Lot surveys of April 4-June 1, 1989) Porch Deck If 14' Deck/Porch Addition Lot Block Building Pad Depth Y N added, rev. pad Welters 2 49' Bryant Pointe 12 1 90' x 104' Welter 1 2 1 60' x 1\--/ Oly Hills 3 3 3 88' x Creekview 6 ? (L84')42' x 56' Cardinal Hills 4 2 70' x Bluestem 5 11 1 68' x <5 *Bryant Lake Est ? ? (L128' )75' x Cardinal Hills 12 1 48' x *Red Rock Heights 4 1 75' x 89' Bluffs East 5 12 1 (L96' )80' x 94' L/ *Minimum building pad depth should be 70 feet. 1 -J .( . BRYANT POINT 6-89 Building Pad Porch/Deck If 14' Porch/Deck Lot Block Length Depth Yes No added, Rev. Pad Depth 19 1 80' 63' x 77' 22 1 107' 55' x 20 1 118' 75' x 21 1 110' 76' x 17 1 92' 80' x 23 1 104' 65' x 4 1 120' 76' x 24 1 83' 54' x 3 1 88' 90' x C 24 1 106' 63' x IP2 2 80' 56' x 4111 6 7 i MEMORANDUM • TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Chris Enger, Community Development Director David Lindahl, Planner DATE: April 1, 1993 SUBJECT: YEAR XIX (1993-94) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING PROPOSALS Eden Prairie's CDBG entitlement for 1993/94 is $168,603, which is a 90% increase over last year. The increase is due to a $500,000 increase in the Hennepin County entitlement, and because recent census data on population, age of housing, and poverty level was used in the allocation formulas. The national objectives of the CDBG program include: • Developing viable urban communities by providing decent housing, a suitable living environment and expanded economic opportunities for low and moderate income,elderly, and handicapped individuals. • Aiding in the prevention or elimination of slums and blight. • Meeting other community development needs having particular urgency. • The Human Rights and Services Commission reviewed all requests for CDBG funding at their March 15, 1993 meeting and recommended to the City Council to approve funding for the following activities: (Human Service Activities) This year Hennepin County is requiring all participating cities to keep public service funding within 20% of their total CDBG allocation, which is $33,720 for Eden Prairie. The human service activities are as follows: #1 Activity - CHILD CARE SUBSIDY PROGRAM Agency/Contact - Greater Minneapolis Day Care Association (GMDCA) - Grace Norris Funding Request - $18,559 Purpose - Provide child day care assistance to lower income families in Eden Prairie who are working/training a minimum of 25 hours per week. The City has been funding this activity since 1986. Clients Served - Eight (8) Eden Prairie families were served in 1991. Currently 46 families on the waiting list. • // 1 Activity - HOUSEHOLD AND OUTSIDE MAINTENANCE FOR ELDERLY* (HOME) Agency/Contact - Senior Community Services - Betty Crouch Funding Request - $9,000 (7% increase from 1992 - $5,250) Purpose - Provide maintenance and chore services to persons 60 and older. The City has been funding this activity since 1982. Clients Served - Thirty-five households were served in 1992. This was a 13% increase from 1991. Activity - SIGN LANGUAGE INTERPRETERS - Agency/Contact - City of EP Adaptive Recreation Program - Tria Vikesland Funding Request - $2,500 Purpose Provide recreation programs and related services to disabled persons in Eden Prairie. Funds will help provide sign language interpreters for hearing impaired individuals who are participating in adaptive recreation programs, or who are attending City meetings. Clients Served - $2,500 was used in 1992 for sign language interpreters. #4 Activity MACHINE PURCHASE OF TDD MACHE & LISTENING DEVICE • Agency/Contact - City of EP Adaptive Recreation Program - Tria Vikesland Funding Request - $2,000 Purpose - Provide a telecommunication device for the deaf for City Hall. Also, purchase an assisted living device for people that are hard of hearing who are attending public meetings, programs, productions, special events, etc.. Activity - HOME LINE & MORTGAGE FORECLOSURE PREVENTION PROGRAM Agency/Contact - Community Action for Suburban Hennepin(CASH)-Charlie Warner(Housing Manager) Funding Request - $1,661 Purpose - Home-line is a housing service that provides tenant information and advocacy through a hotline to help resolve tenant-landlord problems. They also administer a foreclosure prevention program that helps homeowners faced with possible foreclosure renegotiate loans, and preserve home ownership. Clients Served - Home-line received 76 calls from E.P. residents in 1992, which was 4.7% of the total calls received from 15 suburban cities. 2 (Non-Human Service Activities) • #1 Activity - HOUSING REHABILITATION PROGRAM Agency/Contact - Community Development Department - David Lindahl Funding Request - $80,000 Purpose - To provide low-interest deferred loans of up to $10,000 to eligible residents for home improvements. The loans are recovered when the recipients sell their homes. Recovered funds are rolled back into the program. Clients Served - Fourteen (14) clients were served in 1992. #2 Activity - AMERICANS WITH DISABILITIES ACT (ADA) Agency - City of EP - ADA Coordinator. Funding Request - $54,883 Purpose - Removal of architectural barriers on existing City facilities as per the ADA compliance plan being prepared by the ADA Committee. A full presentation of the Plan will made to the Council in May, 1993. Some of the priority projects that are eligible for CDBG funding include: • SENIOR CENTER: _ Installation of elevator/lift. Remodel bathrooms. Install hardware accessories. COMMUNITY CENTER - Provide accessibility to old bleachers. Remodel bathrooms. Update fire-emergency system. PARK BUILDINGS - Update all bathrooms. 411 3 /' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNNNESOTA RESOLUTION NO. 93- • RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Eden Prairie, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of urban Hennepin County CDBG funds made available to it, following a public hearing on April 6, 1993 to obtain the views of citizens in local and Urban Hennepin County housing and community development needs and the City's following proposed use of $168,603 from the Year XIX Urban Hennepin County Community Development Block Grant, and $0.00 in program related income: PROJECTS BUDGET ADA compliance Projects $54,883 Housing Rehabilitation $80,000 Subsidized Daycare Program (GMDCA) $18,5594110 Household and Outside Maintenance for Elderly (HOME) $ 9,000 Sign Language Interpreters (EP Adaptive Rec.) $ 2,500 Purchase of TDD and Assisted Living Device $ 2,000 HOMELINE suburban advocacy $ 1,661 BE IT RESOLVED that the City Council of the City of Eden Prairie approves the proposed use of Year XVIII Urban Hennepin County Community Development Block Grant funds and program related income and authorizes submittal of the proposal to Hennepin County for review and inclusion in the Year XIX Urban Hennepin County Community Development Block Grant Program Statement of Objectives and Projected Use of Funds. ADOPTED by the City Council of the City of Eden Prairie this 6th day of April, 1993. Douglas B. Tenpas, Mayor ATTEST; • Cle rk D. Frane, City • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION AMENDING CHAPTER 4 OF THE COMPREHENSIVE GUIDE PLAN ADDING PROVISIONS FOR NATIONAL URBAN RUNOFF PROGRAM PONDS AND MINNESOTA POLLUTION CONTROL AGENCY URBAN "BEST MANAGEMENT PRACTICES" BE IT RESOLVED, by the Eden Prairie City Council as follows: WHEREAS, the Planning Commission reviewed said Amendment to the Comprehensive Guide Plan at a public hearing at its March 22, 1993, Planning Commission Meeting and recommends approval of said Comprehensive Guide Plan Amendment; and WHEREAS, the City Council has reviewed said Amendment to Chapter 4 of the Comprehensive Guide Plan at a public hearing at its April 6, 1993; now, therefore, be it resolved • by the City Council of the City of Eden Prairie, that Chapter 4 of the Comprehensive Guide Plan is amended subject to the following conditions: A. All new storm water ponds shall be designed based on National Urban Runoff Program (NURP Design Criteria). B. All new or redeveloped land development shall use the Minnesota Pollution Control Agency's MPCA Urban "Best Management Practices", standard manual titled Protecting Water Quality in Urban Areas. ADOPTED by the Eden Prairie City Council on the 6th day of April, 1993. � Y Douglas B. Ten as Mayor g P ATTEST: • John D. Frane, City Clerk • MEMORANDUM TO: Planning Commission THROUGH: Chris Enger, Director of Community Development FROM: Michael D. Franzen, Senior Planner SUBJECT: 1. Revisions to Section 11.55 City Code called Mining Operation, Land Alteration and Environmental Preservation Regulations Adding Provisions for NURP Ponds and PCA Best Management Practices 2. Amendment to the Comprehensive Guide Plan Chapter 4 Regarding Policies Relating to the Use of NURP Ponds and PCA Best Management Practices In 1990 the US Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA) agreed on a goal to reduce nonpoint source pollution in the Minnesota River by 40% of pre 1980 levels. The two agencies have set 1996 as the target date to achieve this goal. To accomplish this goal, current land development and agricultural practices must be • altered to restrict nonpoint source pollutants from entering area water bodies. To address this issue, the Metropolitan Council drafted a document, see attached, called Interim Strategy To Reduce Nonpoint Source Pollution to the Minnesota River. Pages 6 and 7 identify the interim strategy. The strategy requires that the City make changes in the official controls and the comprehensive plan to specify that the City will use NURP ponds and MPCA's urban "Best Management Practices". The City has by policy required NURP ponds and Best Management Practices for approximately two years. Section 11.55 of the City Code called Mining Operation, Land Alteration and Environmental Preservation Regulations are on pages 11-66 through 11-80. Section 11.55 Subdivision 7 entitled Regulations and Requirements for All Land Alterations on page 11-76 and 11-77 will be amended by adding items 10 and 11 as listed below. Item #10: All new storm water ponds shall be designed based on National Urban Runoff Program (NURP Design Criteria). Item #11: All new or redeveloped land development shall use the Minnesota Pollution Control Agencies(MPCA)Urban "Best Management Practices", standards manual titled Protecting Water Quality in Urban Areas. • (od The Comprehensive Guide Plan Chapter 4, page 4.13 (see attached) Section 0, indicates that the • City should adopt and support the storm water runoff and flood plain policies of the Nine Mile Creek, Riley Purgatory Creek, and Lower Minnesota River Valley Watershed District as a goal. The Objectives Policies Section would be amended to add items 3 and 4 which shall read as follows: Item #3: All new storm water ponds shall be designed based on National Urban Runoff Program (NURP Design Criteria). Item #4: All new or redeveloped land development shall use the Minnesota Pollution Control Agencies(MPCA) Urban "Best Management Practices," standards manual titled Protecting Water Quality in Urban Areas. The Planning Staff would recommend that the Planning Commission forward a recommendation of approval for the amendments to Chapter 11 of the City Code and the amendment to Chapter 4 of the Comprehensive Guide Plan to the City Council. Item #3 of the Interim Strategy requires that the City's adopt the Department of Natural Resources statewide standards for management of shoreland areas. The City is currently working with the DNR on a time frame to modify our ordinance to meet State standards by July 15 of this year. Within the next few months, the City Staff will review changes in the shoreland ordinance with the Planning Commission. • 2 41111, Rev. 3-3 GOALS OBJECTIVES/POLICIES ADMINISTRATIVE/PROCEDURES N. Identify and designate all 1. Develop and adopt a "Protective a. Draft ordinance substance e.nviror.:e„tally sensitive or Open Space" or •'Critical Areas" and reap for Cocrnission and n critical areas and establish zoning classification with de- Council review. r� �.avel Ipvant restrictions and tailed descriptions of permitted policies for public or private uses, standards , management require- b. Provide information and hold management of the resources. • Tents and specific legal descrip- informational meetings. tions of each proposed area y c. Revise zoning rap and all other raps and documents whi should indicate this classi- fication. d. Prepare and follow resource management plans for all • • critical areas. • 0. Adopt and support the storm 1. -City policies and standards shall a. Recommend and present revisi • • 1•ater runoff a:;d floodr•iain be consistent with the watershed in standards and policies to Fcl is es and plans cf !!ire district regulations. all watershed districts so I;ile Creak, Riley/Purgatory to be consistent with City Creek, and Lower Minnesota 2. Require reservation of all storage objectives and standards. River Valley Vatershed Districts. areas and control structure sites in the recommended plan, in both b. Identify all stereo areas a platter and unplatted lands. control structure sites in t plan and recommend a procedJ for reservation,. 4.13 • INTERIM STRATEGY TO REDUCE NONPOINT SOURCE POLLUTION TO THE MINNESOTA RIVER • July 1, 1992 Jack Frost Steven Schwanke AAA AlA114 Metropolitan Council Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101 Publication No. 640-92-038 • • O • SUMMARY OF THE POLICY ISSUE In 1990 the U.S. Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA) agreed on a goal to reduce nonpoint source pollution in the Minnesota River by 40 percent from pre-1980 levels. The two agencies have set 1996 as the target date to achieve this goal. To accomplish this goal, current land development and agricultural practices must be,altered to restrict nonpoint source pollutants from entering area water bodies. THE PROBLEM The U.S. Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA) in 1990 established a goal of reducing nonpoint source pollutants in the Minnesota River by 40 percent from pre-1980 levels to meet state water quality standards. This goal is to be accomplished by July 1, 1996. See exhibits A and B. If this goal is not reached by 1996 the EPA and MPCA may require: 1. A moratorium on land development within the Minnesota River Basin; or, 2. Expensive improvements to the Blue Lake and Seneca Wastewater Treatment Plants which will only have a minimal positive impact on the Minnesota River. It is possible that water quality standards will not be met even after the facility improvements are made. These facility improvements, however,will be paid for by all existing and future sanitary sewer suers in the Metropolitan Area; or, • 3. The Metropolitan Council and the Metropolitan Waste Control Commission to pay a fine for failure to make efforts to accomplish the 40 percent reduction goal; or, 4. A combination of the above three (3) options. The Metropolitan Council has documented an increase of nonpoint source pollution to area water bodies. These added pollutants reduce the recreational value and accelerate the eutrophication of area water bodies. Water quality standards in the Minnesota River are violated as a result of nonpoint source pollution generated from Greater Minnesota as well as the Twin Cities Metropolitan Area. Exhibit C lists those local governments in the Minnesota River Basin.. The increase of nonpoint source pollutants to area water bodies can be traced to two primary sources: land development and agriculture practices. Land development or urbanization, generally increases both the volume of runoff as well as the concentration of pollutants in the runoff. This happens with the conversion of land to hard surface and by the destruction of wetlands. Detention ponds or artificial depressions can help mitigate these impacts. The best designed ponds, however, will not reduce the increased volume of runoff following urbanization nor will they totally remove the additional pollutants following urbanization. An increase in runoff volume, total phosphorus and other pollutants are the results of urban development. Agriculture is the predominant land use in the Minnesota River Basin and the major contributor of nonpoint source pollutants. Nonpoint source pollution from agriculture occurs as a result of intensive land cultivation and husbandry practices and shows up in three basic forms: soil erosion; agriculture supplements such as nutrients, pesticides and herbicides; and animal waste products. Each of these 1 699 • • sources fill area water bodies smothering aquatic life, change the aquatic environment by limiting light penetration of the water, and result in the transmission of toxins to area water bodies. The Twin Cities Metropolitan Area is fortunate to have an abundance of lakes and rivers. These water bodies provide the area with recreational, aesthetic and educational benefits envied by other parts of the United States. Preservation of these water bodies and the associated wildlife habitat is a major component of the Council's planning framework. Measures to preserve and enhance the environment can be found in all of the Council's major system and policy plans. Policy 7 of the MDIF states that the Metropolitan Council: supports the maintenance of environmental quality throughout the region and will support programs or strategies to maintain or improve the natural environment (page 16). Reducing nonpoint source pollution to area water bodies has a number of positive outcomes. Reduced nonpoint source pollution has an overall positive effect on the environment, improves the water quality in lakes, wetlands and floodplains and allows for fishable and swimable water bodies. Water resource management has historically focused on point sources such as wastewater treatment plants and industrial facilities. Efforts to reduce pollution from point sources has been effective. Nonpoint source pollution abatement is the next challenge that must be addressed to ensure that water bodies in this metropolitan area are protected. EXISTING LEGISLATIVE AND POLICY STRUCTURE FOR ADDRESSING THE NONPOINT SOURCE POLLUTION PROBLEM • The Minnesota Legislature Two pieces of legislation have been passed in the last decade that set a framework for addressing the nonpoint source pollution issue. However, it will take several years to put this framework in place and will require local governments to extensively revise their surface water management plans and activities. Watershed Planning Legislation In 1982 legislation was passed requiring Watershed Management Organizations (WMO) to prepare watershed plans that addressed water quality issues. Under this legislation each WMO is to prepare a plan that states objectives and policies for water quality and identifies alternatives for improving water quality and methods of implementation. These plans are to be reviewed by the Metropolitan Council "in the same manner and with the same authority and effect as provided for the council's review of the comprehensive plans of local government units" (Minnesota Statutes,section 103B.231 subd.8 (1990)). The Council is required to determine whether the watershed plan conforms with the management objectives and target pollution loads stated in the Council's water resources plan prepared pursuant to Minnesota Statutes, section 473.157. Local Government Planning As a part of the WMO planning process described under Minnesota Statutes, section 103B.201, each local government will be required to prepare a local water management plan, capital improvement • 2 program and official controls necessary to implement the watershed plan. As part of the local water • management plan, the local government will need to define water quantity and quality protection methods adequate to meet performance standards established in the watershed plan. Local governments will also be required to amend their local comprehensive plans to reflect the contents of the watershed plan. Local governments will have two years to amend their comprehensive plans from the time the WMO planning process is complete. Under rules currently proposed by the Board of Water and Soil Resources (BWSR), WMOs have until 1995 to complete their plans. The earliest local governments are required to revise their comprehensive plans is 1997. It could take several years beyond 1997 to implement local government plans. The second piece of legislation is Minnesota Statutes,section 473.157, that requires the Metropolitan Council to prepare a water resources plan that includes management objectives and target pollution loads for watersheds in the metropolitan area. From this plan WMOs will advise local governments of their target pollution loads. Local governments will revise their stormwater management plans to include implementation steps that assure the target pollution loads are met. The Metropolitan Council has set as a priority developing the target pollution loads for watersheds tributary to the Minnesota River. This is a priority because of the urgency to meet the EPA/MPCA reduction goal of 40 percent by 1996. Target pollution loads for Bevens, Carver, Chaska and Sand Creek watersheds will be developed by 1992. Pollution loads for other watersheds in the Minnesota River Basin will be developed by mid-1993. The Council will also be actively pursuing the development of target pollution loads for all watersheds in the Twin Cities Metropolitan Area. The Minnesota Pollution Control Agency • The Minnesota Pollution Control Agency is in the middle of a multi-year river basin-wide assessment project to evaluate the current condition of, and source and type of pollutants entering the Minnesota River. The Minnesota River Assessment Project (MRAP) is designed to identify the sources of pollution threatening the health and vitality of the Minnesota River. The study involves over a dozen organizations working in concert with local governments from Lac Qui Parle County in southwestern Minnesota to Jordan. The goal of MRAP is to assess the water quality, aquatic communities and current land uses in the Minnesota River system. This information will be used to develop specific water quality goals and to identify programs and best management practices that can help reduce nonpoint source pollution. An implementation plan will eventually be developed that comprehensively addresses the nonpoint source issue in both the metropolitan and outstate areas of the Minnesota River Basin. It will take the MPCA until mid-1993 to complete the assessment phase. The MPCA is also now forming an implementation committee (MRIP) comprised of various interest groups throughout the Minnesota River Basin. The implementation committee has been directed to develop a strategy that most efficiently reduces nonpoint source pollution to the Minnesota River. The Board of Water and Soil Resources The Board of Water and Soil Resources is the primary state agency responsible for surface water planning and is the lead agency responsible for carrying out many of the administrative aspects of the recently passed Wetland Conservation Act of 1991,better known as the"no-net loss"legislation. The act provides landowners with three options for preserving or enhancing wetlands: the wetland 111110 3 093 • preservation areas option; the permanent wetland preserves option; and the wetland establishment and restoration program. If a land use practice requires the taking of a protected wetland the legislation requires a 1:1 and a 2:1 mitigation of wetlands in rural and urban areas respectively. Wetlands perform essential hydrologic and water quality functions such as lowering of flood peaks, providing interchange between surface water and groundwater, and filtering and absorbing pollutants. Because of these functions,wetlands are critical for reducing nonpoint source pollution to area lakes and rivers. The Metropolitan Council In September, 1988 the Metropolitan Council adopted its Water Resources Management Wastewater Treatment and Handling Policy Plan (hereafter the policy plan). Local governments were notified of the policy plan contents in the April, 1989 systems statement and pursuant to the Metropolitan Land Planning Act, had nine months to amend their comprehensive plans. The need to reduce nonpoint source pollution to the Minnesota River Basin through regulating land development is documented in the Council's policy plan: [I]if nonpoint source pollution in the Minnesota River is not dealt with effectively, the Blue Lake and Seneca Wastewater Treatment Plants would possibly have to continually increase their treatment level to where the costs would far exceed the benefits in improved water quality. This would result in very substantial outlays for both capital and operations to compensate for insufficient reduction in nonpoint source pollution. Local units of government must understand that use of land can have important and damaging impacts on • water quality. The impacts must be prevented or at least minimized through land use regulations and proper water runoff management (p. 9). Policy 1-1 of the Council's Wastewater Treatment and Handling Policy Plan states: [T]treatment levels required for wastewater treatment plants in the metropolitan system should clearly recognize the need to control both point and nonpoint sources of pollution from within and outside the Metropolitan Area (p. 9). The Council has actively pursued the implementation of its policy to reduce nonpoint source pollution to area water bodies. The Council's policy plan outlines the responsibilities for implementing policy 1-1. These include, but are not limited to: 1. Working with watershed management organizations (WMOs) and the MPCA on monitoring and managing nonpoint source pollution programs; and, 2. Evaluating the efforts of WMOs and local governments to control nonpoint source pollution . and their impact on river water quality and effects on treatment plant effluent limits. (p. 10) The Council has also used its authority under the Metropolitan Land Planning Act of 1976 to review and comment on comprehensive plan amendments and environmental reviews to implement its policy on reducing nonpoint source pollution. These comments have generally focused on the need to reduce nonpoint source pollution and the possible tools that may be used to accomplish this task. 4 In addition to policy 1-1 of the Council's Water Resources Management Plan, Pan 1, the Council has • two other policies addressing the environmental effects of nonpoint source pollution and water quality. The Council's Water Resources Management Plan, Pan 3 states in policy 3-4 that: The Council, through its numerous review and approval authorities,will preserve all protected and unprotected natural watercourses--including associated wetlands,channels,floodplains and shorelands--to enhance water quantity and quality and to preserve their ecological functions (page 3-26); Policy 3-6 of the same policy plan states: The Council, in conducting its project approvals and reviews, will protect the utility of the region's water and related land resources and seek their restoration, where needed. Any action that threatens the viability of the water and related resource will be negatively reviewed (page 3-30). A related issue is the Minnesota River Basin extends beyond the Twin Cities Metropolitan Area. The Metropolitan Council has no planning or regulatory authority in Greater Minnesota. This makes it difficult for one governmental agency,such as the Metropolitan Council, to coordinate water quality planning activities in the Minnesota River Basin. The solution to nonpoint source pollution will require the involvement of all levels of government throughout the basin. The Metropolitan Council is committed to work with the Minnesota Pollution Control Agency, the Board of Water and Soil Resources and other state and regional agencies to ensure that appropriate steps are taken in Greater • Minnesota to achieve the 40 percent reduction in nonpoint source pollution to the Minnesota River. PROPOSED INTERIM STRATEGY An interim strategy is needed to address both the nonpoint source pollution issue and to implement the Council's policy 1-1 of the Wastewater Treatment and Handling Policy Plan, Part 1, policies 3-4 and 3-6 of the Council's Water Resources Management Plan, Pan 3 and the EPA and MPCA goal of 40 percent nonpoint source pollution reduction to the Minnesota River by 1996. The Council is committed to working with WMOs and local governments through the planning process outlined in Minnesota Statutes, section 103B.201. The Council also recognizes its responsibility to prepare and adopt a water resources plan pursuant to Minnesota Statutes, section 473.157. In the last year, Council staff has met with all of the WN1O boards in the Minnesota River Basin to seek cooperation in achieving the EPA/MPCA 40 percent reduction goal. In addition, the Council staff has formed a technical advisory committee made up of local government officials and other interested parties to seek advise and disseminate information on nonpoint source pollution in the Minnesota River and its tributaries. However, it will take several years for the Council, WMOs and local governments to prepare and implement the above referenced plans. In the interim, steps should be taken that allows local governments and WMOs to take immediate action to reduce the adverse impacts of nonpoint source pollution on area water bodies, specifically on the Minnesota River. The following interim strategy is designed to make progress toward meeting the EPA and MPCA goal of 40 percent nonpoint source pollution reduction to the Minnesota River by 1996. This interim 411) 5 • strategy is a minimum that the Council will accept as part of any local government comprehensive plan. It should be recognized by local governments that more comprehensive revisions to stormwater plans may be required once the Council and WMOs complete their planning under Minnesota Statutes, section 103B.201 and 473.157 in order to meet the EP A/MPCA 40 percent reduction goal for the 1vfinnesota River. 1. Local governments in the Minnesota River Basin must adopt design standards for new stormwater ponds that will reduce the contaminant loadings from surface water runoff. One set of design criteria that is widely accepted is from the National Urban Runoff Program (NURP). Appendix A is attached and describes NURP designed pond performance standards. These criteria, or similar specifications which are equally effective, should be incorporated in the stormwater plan of every local government in the Minnesota River Basin. At the present time, this policy does not direct the retrofitting of existing stormwater ponds. 2. Local governments in the Minnesota River Basin must also include in their stormwater plans the MPCA's urban"best management practices,"titled Protecting Water Quality in Urban Areas or an equivalent set of standards. These standards are to be used for all new or redeveloped land development. These local governments must also notify their residents of the EPA/MPCA 40 percent reduction goal, "best management practices" to achieve this goal and available resources if additional information is needed. 3. All local governments in the Minnesota River Basin must adopt the Department of Natural Resources' shoreland regulations as found in the Statewide Standards for Management of Shoreland Areas as prescribed by the timeline in (Minnesota Regulations Parts 6120.2500 - • 6120.3900) and consistent with the DNR's implementation strategy. Local governments should work with the DNR to determine the most effective way to implement the DNR's shoreland regulations. 4. All local governments in the Minnesota River Basin must adopt as part of their comprehensive plans and official controls the measures described in items 1 and 2 by September 30, 1992. Each local government should notify the affected Watershed Management Organizations of its intentions to comply with items 1 and 2. 5. After September 30, 1992, the Council may require modification of plan amendments that involve land use activities that would generate surface water runoff, unless the local government has adopted the interim measures described in items 1 through 3. The Council will not require a plan modification regarding nonpoint source pollution if a local government has adopted NURP standards and MPCA's "best management practices" by September 30, 1992, and is following the DNR's shoreland regulation implementation strategy. • 6. The Metropolitan Council will continue to develop target pollution loads for all watersheds in the Twin Cities Metropolitan Area. 7. The Association of Metropolitan Municipalities will advise its member cities of the urgent need to implement runoff and land management practices that improve the quality of direct and indirect runoff discharges to the Minnesota River and of the consequences to the region of failing to meet the EPA/1APCA 40 percent reduction goal by 1996. • 6 6qt • 8. The Metropolitan Council and the Association of Metropolitan Municipalities will work with State of Minnesota agencies to reduce nonpoint source pollution to area water bodies in Greater Minnesota. 9. The Metropolitan Council and the Association of Metropolitan Municipalities will monitor the effectiveness of the above-mentioned interim steps to address the nonpoint source pollution problem in the Minnesota River Basin. If sufficient progress has not been made by 1994 to reduce nonpoint source pollution to the Minnesota River, the Metropolitan Council and the Association of Metropolitan Municipalities will work to devise a solution designed to meet the EPA/MPCA goal of 40 percent reduction by 1996. G:\USER\ME1702S\REVI SE-D:4.23.92 • • • • 7 69/ CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE, CHAPTER 11, SECTION 11.55 ENTITLED "MINING OPERATION, LAND ALTERATION AND ENVIRONMENTAL PRESERVATION REGULATION THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Sec. 11.55, shall be and hereby is amended by adding Items #10 and #11 to read as follows: Subd.7. REGULATIONS AND REQUIREMENTS FOR ALL LAND ALTERATIONS A. 10. All new storm water ponds shall be designed based on National Urban Runoff Program (NURP Design Criteria). 11. All new or redeveloped land development shall use the Minnesota Pollution • Control Agencys (MPCA Urban "Best Management Practices", standards manual titled Protecting Water Ouality in Urban Areas. Section 2. 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 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of April, 1993 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of April, 1993. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the APRIL 6,1993 32964 COOKIES BY DEB EXPENSES-CITY COUNCIL 11.98 32965 MERLINS ACE HARDWARE CHAIN/TAPE/SCREWS/TIES/SNAPS/HOOKS/BOLTS/ 738.03 VALVES/FITTINGS/BRACKETS/GROMMET KIT/ PLATES/PAINT/BRUSHES/ROLLER COVERS/SCREW BIT/CORDLESS DRILL/EXTENSION CORD/OUTLET STRIP/SPREADER/KEYS/ALUMINUM LADDER/EAR PROTECTORS-PARK MAINT/EQUIPMENT MAINT/ COMMUNITY CENTER 32966 CALIBRE PRESS TRAINING VIDEO TAPE-POLICE DEPT 59.40 32967 STATE TREASURER-STATE OF MINNESOT LICENSES-WATER DEPT 75.00 32968 CRIME PREVENTION ADVISORY COMMITT EXPENSES-POLICE DEPT 56.00 32969 LEAGUE OF MN CITIES CONFERENCE-ADMINISTRATION DEPT 80.00 32970 MACQUEEN EQUIPMENT INC CONFERENCE-STREET MAINTENANCE 100.00 32971 WARNING LITES OF MN CONFERENCE-STREET MAINT/PARK MAINT 80.00 32972 MN POLLUTION CONTROL AGENCY CONFERENCE-ENGINEERING DEPT 50.00 32973 VOID OUT CHECK 0.00 32974 MN CHAPTER IAA I CONFERENCE-BUILDING INSPECTIONS DEPT 130.00 32975 DEPT OF NATURAL RESOURCES ADVANCED HUNTER EDUCATION INSTRUCTOR/FEES 80.00 PAID 32976 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 200.00 32977 GENUINE PARTS COMPANY SPRAY PAINT/GREASE/FILTERS/DUCT TAPE/GAS 2791.27 CAPS/U-BOLTS/CALIPERS/DUCT TAPE/ADAPTERS/ HOSES/POWER STEERING PUMP/WIPER KIT/GAS CAN/FITTINGS/SWITCHES/TUBING/ANTI-FREEZE/ BRAKE LINES & CABLES/ADHESIVE/ANTENNAS/ WATER PUMP/ROTORS/GAUGE/TAIL & MUFFLER PIPES/TOOL BOX/BELTS/SPARK PLUGS/HOSE ENDS/BR.ACKETS/OIL SEALS/SOLENOID/CLAMPS/ 4111 VALVES/CARBURETOR KIT/GASKET/FLOOR MATS- PARK MAINT/EQUIPMENT MAINT/STREET DEPT/ UTILITIES DIVISION 32978 AT&T SERVICE 64.9E 32979 KRAEMERS HOME CENTER KEY RINGS/RUST REMOVER/KEYS/ROD/MAILBOX/ 954.48 STEEL/CONNECTORS/BLADES/SAND/PIPE/DRILL BIT/NOZZLE CAP/COOLERBIRD SEED/ICE-MELT/ BATTERIES/CHAINS/BRACKETS/ANCHORS/TAPE/ SPOTLIGHTBUCKETS/FLASHLIGHTS/WAXBULBS/ CARAFE/HANDLE/HOOKS/LEAF BAGS/HOSES/DUCT TAPE/TAPE MEASURE/LEVELS/BELTS/WIRE/ROPE/ HAMMER/PLIERS/WRENCH/VISE GRIP-FACILITIES DEPT/BLDG INSPECTIONS DEPT/STREET MAINT/ PARK MAINT/EQUIPMENT MAINT/UTILITIES DIV 32980 U S WEST CELLULAR INC SERVICE 75.00 32981 U S WEST COMMUNICATIONS SERVICE 6047.32 32982 FIRST BANK EDEN PRAIRIE PAYROLL 03-05-93 71064.0E 32983 FORTIS BENEFITS INSURANCE COMPANY MARCH 93 DISABILITY INSURANCE PREMIUM 2886.8E 32984 GUARANTEE MUTUAL LIFE COMPANY MARCH 93 LIFE INSURANCE PREMIUM 2780.12 32985 BELL ATLANTIC TRICON LEASING SINGLE PURCHASE OPTION PAYMENT FOR COPIER- 2412.4; POLICE DEPT 32986 HOW TO - NDSU CONFERENCE-STREET DEPT 50.0C 32987 HOLIDAY INN CONFERENCE LODGING-POLICE DEPT 64.3 32988 SOUTHWEST TRAILS ASSN REIMBURSEMENT FOR SNOWMOBILE TRAILS 2685.7 32989 CITY OF EDEN PRAIRIE WATER BILL FOR 8950 EDEN PRAIRIE ROAD 33.8( 32990 MAINLINE TRAVEL CONFERENCE AIRFARE-POLICE DEPT 383.0( 41112991 JIM SIMCHUCK CONFERENCE ADVANCE-STREET DEPT 145.0( 9409884 APRIL 6.1993 32992 STATE OF MINNESOTA CRIMINAL CODE & SELECTED STATUTES-POLICE 728.54 DEPT 32993 UNIVERSITY OF MINNESOTA SCHOOL-WATER DEPT 5' 0 32994 GOVERNMENT TRAINING SERVICES CONFERENCE-BLDG INPECTIONS DEPT 0 32995 DEPT OF NATURAL RESOURCES FIREARMS SAFETY INSTRUCTOR-OUTDOOR CENTER 9 .00 PROGRAM/FEES PAID 32996 TARGET CENTER TICKETS-DISNEY ON ICE-SPECIAL TRIPS 450.00 PROGRAM/FEES PAID 32997 VINLAND CONFERENCE-ADAPTIVE RECREATION PROGRAM 10.00 32998 MARTY JESSEN CONFERENCE EXPENSES-CITY COUNCIL 66.00 32999 RICHARD ALAN PRODUCTIONS DEPOSIT-ENTERTAINMENT-4TH OF JULY 600.00 CELEBRATION 33000 VOID OUT CHECK 0.00 11000 AMERICAN NATIONAL BANK BOND PAYMENTS 320427.77 11000 NORWEST BANK BOND PAYMENTS 24498.75 22000 MN DEPT OF REVENUE PAYROLL 02-19-93 14873.35 22000 MN DEPT OF REVENUE PAYROLL 03-05-93 14455.30 22000 MN DEPT OF REVENUE PAYROLL 03-19-93 14497.27 33000 CITY COUNTY CREDIT UNION PAYROLL 03-05-93 5805.00 33000 CITY COUNTY CREDIT UNION PAYROLL 03-19-93 5915.00 44000 MN DEPT OF REVENUE FEBRUARY 93 SALES TAX 25749.99 31491 VOID OUT CHECK 53.22 32586 VOID OUT CHECK 200.00 32672 VOID OUT CHECK 80.00 32866 VOID OUT CHECK 465.29 32906 VOID OUT CHECK 503.00 32928 VOID OUT CHECK 38.00 42737246 4110 $521471.30 APRIL 6,1993 10001 FEDERAL RESERVE BANK PAYROLL 03-05-93 400.00 10002 GREAT WEST LIFE ASSURANCE PAYROLL 03-05-93 7037.00 0003 HENNEPIN COUNTY SUPPORT & COLLECT PAYROLL 03-05-93 280.00 410 0004 HENNEPIN COUNTY SUPPORT & COLLECT PAYROLL 03-05-93 225.69 0005 ICMA RETIREMENT TRUST-457 PAYROLL 03-05-93 2918.46 10006 INTERNAL REVENUE SERVICE PAYROLL 03-05-93 32.00 10007 INTL UNION OF OPERATING ENGRS MARCH 93 UNION DUES 1270.00 10008 MN STATE RETIREMENT SYSTEM PAYROLL 03-05-93 50.00 10009 MN TEAMSTERS CREDIT UNION PAYROLL 03-05-93 25.00 10010 EXECUTIVE DIRECTOR-PERA PAYROLL 03-05-93 37.50 10011 EXECUTIVE DIRECTOR-PERA PAYROLL 03-05-93 36650.74 10012 PAUL RYAN HOCKEY OFFICIAL/FEES PAID 539.00 10013 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES 479.39 10014 HOLIDAY INN CONFERENCE LODGING-POLICE DEPT 299.46 10015 TOWN HOUSE INN CONFERENCE LODGING-POLICE DEPT 76.30 10016 BILL BLAKE CONFERENCE ADVANCE-POLICE DEPT 50.00 10017 HENNEPIN COUNTY TREASURER REFUSE HAULER LICENSE APPLICATION FEE- 10.00 PARK MAINTENANCE 10018 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 55.57 10019 KRIS ANDERSON REFUND-WATERCOLOR CLASS 17.00 10020 SHERRIL BERRYMAN REFUND-GYMNASTICS CLASS 13.00 10021 BUNNY BILLISON REFUND-WAR OF THE WORDS 1.50 10022 PAULINE DICKEL REFUND-GATHERING OF EAGLES TRIP 19.50 10023 JAMES GEKAS REFUND-GOLF LESSONS 30.00 10024 STEVE HARDY REFUND-SCUBA LESSONS 338.00 10025 MARILYN HERTLE REFUND-WAR OF THE WORDS 1.50 10026 MARGARET MCARTHUR REFUND-WAR OF THE WORDS 1.50 10027 BERNICE ROHE REFUND-WAR OF THE WORDS 1.50 41110028 TARGET CENTER TICKETS-DISNEY ON ICE-ADULT PROGRAMS/FEES 1114.00 PAID 10029 FAITH HEIMER REFUND-SWIMMING LESSONS 6.00 10030 MARY TJENSTROM REFUND-DISNEY ON ICE TRIP 17.0C 10031 DEPT OF INTERIOR NATL WETLAND INVENTORY MAPS-ENGINEERING 21.00 DEPT 10032 GREAT WEST LIFE ASSURANCE CO PAYROLL 03-05-93 20.00 10033 JIM BERGSTROM CONFERENCE ADVANCE-POLICE DEPT 125.00 10034 AVCAM CONFERENCE-POLICE DEPT 50.0C 10035 GRAND VIEW LODGE CONFERENCE-POLICE DEPT 320.0C 10036 HENNEPIN COUNTY HEALTH DEPT SWIMMING POOL LICENSE-COMMUNITY CENTER 359.00 10037 NORTHERN STATES POWER COMPANY SERVICE 22437.5. 10038 DAY DISTRIBUTING COMPANY BEER 7836.7C 10039 EAST SIDE BEVERAGE COMPANY BEER & MIX 19178.1C 10040 MARK VII DISTRIBUTING INC BEER 15261.9E 10041 MIDWEST COCA COLA BOTTLING COMPAN MIX 878.8C 10042 PEPSI COLA MIX 328.8( 10043 POGREBA DISTRIBUTING INC BEER & MIX 340.8E 10044 THORPE DISTRIBUTING COMPANY BEER & MIX 17937.4C 10045 DAVID BLACK REIMBURSEMENT FOR ICE SHOW COSTUMES 93.71 FREIGHT CHARGES 10046 EDEN PRAIRIE GROCERY POSTAGE STAMPS-ADMINISTRATION DEPT 48.0( 10047 MINNESOTA SAFETY COUNCIL CONFERENCE-SAFETY DEPT 745.0( 10048 MN DEPT OF REVENUE 1ST QTR 93 WATER SERVICE CONNECTION FEE 16224.0( 10049 COUNTRY INN CONFERENCE LODGING-POLICE DEPT 272.8( 10050 DONALD SWENSON CONFERENCE ADVANCE-POLICE DEPT 460.0( 4100051 NATIONAL 1031 EXCHANGE CORP INTEREST PAYMENT FOR LAND PURCHASED 3750.0, 15868533 APRIL 6.1993 _ 10052 AT&T CONSUMER PRODUCTS DIV SERVICE 137.02 10053 U S WEST COMMUNICATIONS SERVICE 1 10054 AT&T CREDIT CORPORATION SERVICE 6 10055 U S WEST CELLULAR INC SERVICE 1P8 10056 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 598.31 10057 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION & EXCISE TAX 1089.04 10058 FEDERAL RESERVE BANK PAYROLL 03-19-93 SAVINGS BONDS 400.00 10059 FIRST BANK EDEN PRAIRIE PAYROLLL 03-19-93 71261.54 10060 GREAT WEST LIFE ASSURANCE CO PAYROLL 03-19-93 7477.00 10061 HENN CTY SUPPORT & COLLECTION SER PAYROLL 03-19-93 CHILD SUPPORT DEDUCTION 225.69 10062 HENN CTY SUPPORT & COLLECTION SER PAYROLL 03-19-93 CHILD SUPPORT DEDUCTION 280.00 10063 ICMA RETIREMENT TRUST-457 PAYROLL 03-19-93 2918.46 10064 INTERNAL REVENUE SERVICE PAYROLL 03-19-93 32.00 10065 MEDCENTERS HEALTH PLAN INC APRIL 93 HEALTH INSURANCE PREMIUM 18350.30 10066 MEDICA CHOICE APRIL 93 HEALTH INSURANCE PREMIUM 43866.20 10067 MINNESOTA DEPT OF REVENUE PAYROLL 03-19-93 298.00 10068 MN STATE RETIREMENT SYSTEM PAYROLL 03-19-93 50.00 10069 MN TEAMSTERS CREDIT UNION PAYROLL 03-19-93 25.00 10070 NORWEST BANK HOPKINS PAYROLLS 03-05-93 & 03-19-93 1200.00 10071 EXECUTIVE DIRECTOR-PERA APRIL 93 LIFE INSURANCE PREMIUM 237.00 10072 EXECUTIVE DIRECTOR-PERA PAYROLL 03-19-93 36573.66 10073 EAGLE WINE CO WINE & LIQUOR 998.77 10074 GRIGGS COOPER & CO INC LIQUOR 10618.56 10075 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE 16908.30 10076 PAUSTIS & SONS CO WINE 59.50 10077 ED PHILLIPS & SONS CO LIQUOR & WINE 12308.26 10078 PRIOR WINE CO WINE 4169.4E 10079 QUALITY WINE & SPIRITS CO LIQUOR & WINE 911,4 10080 PETTY CASH EXPENSES-CITY HALL/FIRE DEPT/STREET DEPT/ 1 EQUIPMENT MAINT/SENIOR CENTER/ADAPTIVE RECREATION PROGRAM 10081 FIRST TRUST NATIONAL ASSOCIATION BOND PAYMENTS 4261.00 10082 WELSH COMPANIES APRIL 93 RENT-CITY HALL 24083.8E 10083 WELSH COMPANIES INC APRIL 93 RENT-LIQUOR STORE 6425.1C 10084 MINNESOTA PARK & RECREATION ASSN SOFTBALL TOURNAMENT SANCTION FEE-SPECIAL 100.0C TRIPS & EVENTS PROGRAM 10085 SPRINT DIVING STICKS & RINGS/BACK FLOATS/BELT 58.3E FLOATS-ADAPTIVE RECREATION PROGRAM 10086 JASON NORTHCO L P #1 APRIL 93 RENT-LIQUOR STORE 5721.1; 10087 SENSIBLE LAND USE COALITION CONFERENCE-CITY COUNCIL/ADMINISTRATION 80.0( DEPT/COMMUNITY DEVELOPMENT DEPT 10088 MINNEGASCO SERVICE 33716.7E 10089 RADISSON SUITE HOTEL CONFERENCE-POLICE DEPT 83.6 10090 CAPITOL RUBBER STAMP NOTARY STAMPS-POLICE DEPT 141.6E 10091 VOID OUT CHECK O.00 10092 HOLMSTEN ICE RINKS INC CONFERENCE-COMMUNITY CENTER MAINT DEPT 100.0( 10093 LAKE COUNTRY CHAPTER CONFERENCE-BUILDING INSPECTIONS DEPT 180.0( 10094 SNAP ON TOOLS CONFERENCE-EQUIPMENT MAINTENANCE 230.0( 10095 NORTHERN STATES POWER COMPANY SERVICE 95.9f 10096 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 63.1( 10097 MN DEPT OF JOBS & TRAINING 4TH Q.TR 92 ADDITIONAL UNEMPLOYMENT 16.6: COMPENSATION 10098 COUNTRY INN ADDITIONAL FOR CONFERENCE LODGING- t POLICE DEPT 10099 TWIN CITY AREA LABOR MGMT COUNCIL MEETING EXPENSES-HUMAN RESOURCES DEPT 4 . I 31236629 APRIL 6,1993 10100 FLAGLER RETIREMENT ACCOUNT MEETING EXPENSES-HUMAN RESOURCES DEPT 12.0 10101 CITY OF RICHFIELD DUPLICATE PLATES-WATER DEPT 6.0, 410 10102 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 256.0i 10103 NORTHERN STATES POWER COMPANY SERVICE 19124.1 10104 NORTH STAR HOCKEY CLUB AGREEMENT OF PURCHASE AND CONVEYANCE FOR 80000.0‘ LOCKER FACILITES ATTACHED TO THE E P COMMUNITY CENTER 10105 ABBOTT PAINT & CARPET CO ROLLER COVER/PAINT ROLLER-WATER DEPT 137.8! 10106 ADVANCED GRAPHIC SYSTEMS INC PRINTER CARTRIDGES-POLICE DEPT 144.0: 10107 AFTON ALPS SKI AREA LIFT TICKETS-SKI TRIP PROGRAM/FEES PAID 873.0( 10108 AIM ELECTRONICS INC SCOREBOARD REPAIR-COMMUNITY CENTER 787.1• 10109 AIRSIGNAL INC MARCH 93 PAGER SERVICE-FIRE DEPT/BLDG 131.5( INSPECTIONS DEPT/STREET DEPT/COMMUNITY CENTER 10110 ALLIED MUTUAL REFUND-OVERPAYMENT UTILITY BILLING 112.11 10111 AMERICAN LINEN SUPPLY CO UNIFORMS-BUILDING INSPECTIONS DEPT 48.6E 10112 AMERICAN RED CROSS LIFEGUARD TRAINING/CPR VIDEO RENTAL/ 276.6: RESCUE MANIKIN RENTALS/WORKBOOKS-POOL LESSONS 10113 ANCHOR PAPER COMPANY COLORED PAPER-COMMUNITY CENTER 1066.8, 10114 EARL F ANDERSEN & ASSOC INC OBJECT MARKERS-STREET DEPT 648.9( 10115 ANDERSONS GARDEN EXPENSES-FIRE DEPT 19.9E 10116 ANIMAL & BOARDING KENNEL CANINE SUPPLIES-POLICE DEPT 97.9' 10117 ARA SERVICES INC FOOD SERVICE OPERATIONS-E P CIVIC CENTER 56.4: 10118 ARMOR SECURITY INC KNOB/BROKEN KEY EXTRACTED-POLICE DEPT/ 61.0` FIRE DEPT 10119 ARTEKA NATURAL GREEN IRRIGATION SERVICE-REGIONAL CENTER DRIVE 1551.9E 10120 AMERICAN WATER WORKS ASSOC PUBLICATIONS-WATER DEPT 530.0( 411110121 B & S TOOLS BLO HAMMER/SOCKET SETS/SISSORS-UTILITIES 282.6( DIVISION 10122 BACHMANS EXPENSES-CITY HALL 31.2E 10123 BAN-KOE SYSTEMS INC TIME CARDS-COMMUNITY CENTER 84.5, 10124 MICHAEL BARONE MILEAGE-HUMAN RESOURCES DEPT 36.2! 10125 GERALD J BARTZ VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 1272.0( 10126 BAUER BUILT TIRE & SVC TIRE REPAIR/TIRE FLUID-EQUIPMENT MAINT 151.8E 10127 BECKER ARENA PRODUCTS INC GRINDING WHEEL/RESURFACER BLADE/FLOAT 866.1: SWITCH/DASHER BOARD CLEANING SERVICE & CLEANER/BACK SPACERS-ICE ARENA-COMMUNITY CENTER 10128 BIFFS INC WASTE DISPOSAL-PARK MAINTENANCE 75.52 10129 DAVID BLACK BROOMBALL OFFICIAL/FEES PAID 58.0( 10130 BLEVINS CONCESSION SUPPLY COMPANY HEATING ELEMENT/CONCESSION STAND SUPPLIES/ 661.3i EQUIPMENT REPAIR-COMMUNITY CENTER 10131 CITY OF BLOOMINGTON FEBRUARY 93 KENNEL COSTS & DISPOSAL FEES- 278.0( ANIMAL CONTROL DEPT 10132 CITY OF BLOOMINGTON PAYMENT FOR SSAR PROGRAM OF E P RESIDENT- 12.0( YOUTH SCHOLARSHIP PROGRAM 10133 BOYD OIL DISTRIBUTING OIL/HYRAULIC FLUID-EQUIPMENT MAINTENANCE 572.9� 10134 BRAUN INTERTEC ENGINEERING INC SERVICE-DELL ROAD/MILLER PARK SANITARY 5784.22 SEWER/GEORGE MORAN DR & TOLT COVE/MITJRR PARK 10135 PAUL BROWN VOLLEYBALL OFFICIAL/FEES PAID 48.0( 10136 BRW INC SERVIE-DELL ROAD CONSTRUCTION 7857.3( 10137 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINT/WATER DEPT 692.1` 0138 TOM BUCHNER 1ST QTR 93 SERVICE-QUALITY IMPROVEMENT 4000.0( CONSULTING & COACHING 12870640 10139 BUREAU OF BUSINESS PRACTICE PUBLICATION/SUBSCRIPTION-SAFETY DEPT/ 198.54 FACILITIES DEPT 10140 BUREAU OF CRIMINAL APPREHENSION SCHOOL-POLICE DEPT 60.00 10141 BUSINESS & INSTITUTIONAL STACK CHAIRS-COMMUNITY CENTER 696.08 10142 CAPITOL COMMUNICATIONS RADIO REPAIR/ANTENNA WHIPS/CABLES/MARCH 28 93 MAINTENANCE AGREEMENT/CONNECTORS- POLICE/EQUIPMENT MAINTENANCE 10143 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL-STREET DEPT 1011.38 10144 PAUL CARLSON LICENSE FEE-SEWER DEPT 15.00 10145 CARLSON REFRIGERATION CO INC BEER COOLER REPARI-LIQUOR STORE 259.05 10146 CARLSON TRACTOR & EQUIPMENT CO BRAKE SHOES/FILTERS-EQUIPMENT MAINTENANCE 204.35 10147 STEVE CARNEY FISHING INSTRUCTOR/FEES PAID 50.00 10148 CENTRAIRE INC FURNACE MAINTENANCE/CAR WASH HEATER 2357.83 REPAIR/BLOWER MOTORS REPLACED/BEARINGS GREASED/ATTACHED SHROUD FOR RADIANT HEATER-FACILITIES DEPT 10149 CHOICE WOOD CO REFUND-OVERPAYMENT BUILDING PERMIT 78.00 10150 AMERICAN AMUSEMENT ARCADES TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 340.80 FEES PAID 10151 CITY SIGNS VEHICLE STRIPES INSTALLED-WATER DEPT 143.78 10152 CITY AND STATE SUBSCRIPTION-WATER DEPT 35.00 10153 JAMES G CLARK MARCH 93 CAR ALLOWANCE-POLICE DEPT 200.00 10154 CLASSIC POOLS PLUS INC CHEMICALS-POOL OPERATIONS-COMMUNITY CENTER 418.44 10155 CLEMENT COMMUNICATIONS INC POSTERS-SAFETY DEPT 69.90 10156 CLEVELAND COTTON PRODUCTS TOWELS-WATER DEPT 196.95 10157 DELL ORA A COLEMAN 1ST OF 3 PAYMENTS FOR LAND ACQUISITION- 42775.00 CRESTWOOD NEIGHBORHOOD PARK 10158 COMPUTERWORLD SUBSCRIPTION-FINANCE DEPT 7 10159 COMSIS CORPORATION NOVEMBER 92 THRU JANUARY 93 SERVICE- 8512.8 I-494 CORRIDOR COMMISSION 10160 CONNEY SAFETY PRODUCTS SAFETY GLASSES/GLOVES/PVC BOOTS-WATER 366.9S DEPT 10161 CONTINENTAL SAFETY EQUIP INC RAIN JACKETS-WATER DEPT 60.93 10162 COPY EQUIPMENT INC OFFICE SUPPLIES/BLUEPRINT COPIER REPAIR- 251.0t ENGINEERING DEPT 10163 CORPORATE RISK MANAGERS INC JULY 92 INSURANCE CONSULTANT SERVICE-NOT 700.0C BILLED IN 92 10164 CLIFF CRACAUER MILEAGE-EQUIPMENT MAINTENANCE 73.5C 10165 CROWN MARKING INC DESK SIGN-PLANNING COMMISSION 15.7E 10166 CUMMINS DIESEL SALES INC PULLEY/INSTALLERS/SEAL KITS/GASKETS- 273.61 EQUIPMENT MAINTENANCE 10167 CURTIS INDUSTRIES INC GREASE/RIVETS/DRILL BITS-EQUIPMENT MAINT 87.2; 10168 CUSTOM HEADSETS INC EAR MOLD-POLICE DEPT 34.9C 10169 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 6718.2E 10170 WILLIAM D DAGGETT SOFTBALL OFFICIAL/FEES PAID 50.0C 10171 DALCO CLEANING SUPPLIES-CITY HALL 121.72 10172 L K DANIELSON SERVICE-SHUT DOWN OF NORTHERN TELECOM 195.0E SYSTEM-E P CIVIC CENTER 10173 DATA-CAL CORPORATION COMPUTER SCREEN EXTENDER-STREET MAINT/ 108.9( PARK & RECREATION DEPT 10174 DE SIGN ER STREET NAME SIGN-STREET DEPT 24.5( 10175 DECORATIVE DESIGNS APRIL 93 SERVICE-CITY HALL 8" 10176 DELANO FIRE CONTROL FIRE EXTINQUISHER RECHARGING-LIQUOR STORE ( 10177 DUKART GARAGE DOOR SERVICE REBUILT DOOR GEAR BOX-EATON BLDG 11 .7: 7018305 (Mg E APRIL 6,1993 10178 EASTMAN KODAK COMPANY FEBRUARY 93 COPIER MAINTENANCE AGREEMENT- 525.1 CITY HALL 10179 EDEN PRAIRIE SCHOOL DIST 272 BUS SERVICE-SKI TRIP PROGRAM/ROOM RENTAL- 2791.2 ORGANIZED ATHLETICS PROGRAM/YOUTH OPEN GYMN/ADULT PROGRAMS/ART & MUSIC PROGRAM 10180 EDEN PRAIRIE TIRE & AUTO SVC WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 34.9E 10181 EDENBLOOM FLORAL EXPENSES-LIQUOR STORE 42.6( 10182 CITY OF EDINA FEBRUARY 93 WATER TESTS-WATER DEPT 215.0( 10183 DEB EDLUND MINUTES-PLANNING COMMISSION 250.0( 10184 ELERT & ASSOCIATES TELEPHONE CONSULTANT SERVICE-E P CIVIC 9755.0( CENTER 10185 ELVIN SAFETY SUPPLY INC HYDROGEN SULFIDE SENSOR/OXYGEN SENSOR/ 390.0! ORGANIC VAPOR CARTRIDGES-SEWER DEPT 10186 CHRIS ENGER MARCH 93 CAR ALLOWANCE/EXPENSES-COMMUNITY 230.0( 10187 EPR INC WASTE DISPOSAL-PARK MAINTENANCE 59.1: 10188 ESS BROTHERS & SONS INC MANHOLE COVERS-SEWER DEPT 377.0: 10189 FARMINGTON FORD-MERCURY FORD TEMPO-WATER DEPT 8830.0C 10190 FEDERAL EXPRESS CORPORATION POSTAGE-CITY HALL 31.0C 10191 FEED RITE CONTROLS INC CHLORINE/LIQUID PHOSPHATE-WATER DEPT 2871.8' 10192 FLOYD SECURITY 2ND QTR 93 SECURITY MAINTENANCE AGREEMENT- 643.7t CUMMINS GRILL HOMESTEAD/LIQUOR STORES 10193 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT 151.2E 10194 SUE FORSTER MINUTES-PARK RECREATION & NATURAL 225.0( RESOURCES COMMISSION 10195 JAMES FRANZEN AUDIO CASSETTE TAPES-POLICE DEPT 21.2f 10196 JOHN FRANE MARCH 93 CAR ALLOWANCE-FINANCE DEPT 200.0( 10197 LYNDELL FREY UPGRADE ON WALT DISNEY ICE TICKETS-SPECIAL 155.0( TRIPS & EVENTS PROGRAM/MILEAGE-PROGRAM 0198 LISA GANNON GOLF INSTRUCTOR/FEES PAID 280.0( 10199 GARDNER HARDWARE CO STRIKE PLATE/LOCK CYLINDER/CYLINDER KEY- 127.1: COMMUNITY CENTER 10200 GENERAL SAFETY EQUIPMENT CORP ROLL-UP DOOR REPAIR-FIRE STATION 124.5( 10201 GINA MARIAS INC EXPENSES-FIRE DEPT 103.74 10202 THE GLIDDEN COMPANY PAINT ROLLERS/EXTENSION POLES/PAINT TRAYS/ 758.4 BRUSHES/BLADES-WATER DEPT 10203 GOLD KEY SECURITY DOOR LOCKSET/LATCH GUARD-LIQUOR STORE 172.9( 10204 GOLD STAR PRINTING INC PRINTING-CITYS SHARE COMMUNITY PROGRAM 5098.74 BROCHURE 10205 GOPHER STATE ONE-CALL INC FEBRUARY 93 SERVICE-UTILITIES DIVISION 42.5C 10206 GOVERNMENT FINANCE OFFICERS ASSN DUES-FINANCE DEPT 95.0C 10207 W W GRAINGER INC FLOOR STOP/ROPE/VALVE/PIPE COUPLINGS/ 391.34 CRANK REEL/RUBBER HOSES-FACILITIES DEPT/ PARK MAINT/UTILITIES DIVISION 10208 ALAN GRAY MARCH 93 CAR ALLOWANCE-ENGINEERING DEPT 200.0C 10209 GTE DIRECTORIES CORP ADVERTISING-LIQUOR STORES 217.0C 10210 HACH COMPANY POWER CORD/FLUORIDE/TURBIDIMETER-WATER 1701.5! DEPT 10211 HANSEN THORP PELLINEN OLSON INC SERVICE-RIVERVIEW RD/BRAXTON DR/MEADE LN/ 9669.9f MILLER PARK 10212 HARMON CONTRACT REPLACED GLASS IN FRAME-COMMUNITY CENTER 160.0( 10213 HARMON GLASS COMPANY WINDSHIELD/GLASS SAFETY SHEETS/BACKSLIDER 1010.6: WINDOWS & FRAME-EQUIPMENT MAINT/ UTILITIES DIVISION 41100214 ROSS D HARRIS REFUND-GUIDE PLAN DEPOSIT 50.0( 10215 HEAVENLY HAM EXPENSES-HUMAN RESOURCES DEPT 33.0( 4803583 r APRIL 6,1993 10216 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION 38.25 10217 HENNEPIN COUNTY ATTORNEYS OFFICE DISTRIBUTION OF FORFEITURE FUNDS 32.40 10218 HENNEPIN COUNTY RESTITUTION UNIT RELEASE OF FUNDS COLLECTED FOR FELONY ISO THEFT 10219 HENNEPIN COUNTY TREASURER SPECIAL ASSESSMENT TAPE EXTRACT-FINANCE 35 .25 DEPT/FILING FEES-COMMUNITY DEVELOPMENT DEPT 10220 HENNEPIN COUNTY TREASURER JANUARY 93 BOARD OF PRISONERS-POLICE DEPT 3046.94 10221 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT/HOUSING 70.00 REHABILITATION PROGRAM 10222 HENNEPIN TECHNICAL COLLEGE IN-HOUSE CONFERENCE ON CUSTOMER SERVICE- 5000.00 CITY HALL 10223 D C HEY COMPANY COPIER MAINTENANCE AGREEMENT-FIRE DEPT/ 193.69 STREET DEPT 10224 STEVE HIGLEY SOFTBALL/VOLLEYBALL & BASKETBALL OFFICIAL/ 195.38 FEES PAID 10225 HOFFERS INC PAINT/MINERAL SPIRITS-PARK MAINTENANCE 110.70 10226 HOLMSTEN ICE RINKS INC GYLCOL FOR ICE PLANT-COMMUNITY CENTER 925.49 10227 HOLOGRAPHIC LABEL JUNIOR OFFICER BADGE LABELS-POLICE DEPT/ 1622.21 FIRE PREVENTION HOUSE MAGNETS-FIRE DEPT 10228 CHERYL A HOLST GYMNASTICS INSTRUCTOR/FEES PAID 210.00 10229 TODD HOLZMER SIGN LANGUAGE INTERPRETER-ADAPTIVE 168.75 RECREATION PROGRAM 10230 HONEYWELL INC MARCH 93 INDUSTRIAL MAINTENANCE AGREEMENT- 1200.00 WATER DEPT 10231 HORIZON GRAPHICS INC MARCH & APRIL 93 COMMUNITY NEWSLETTER- 3028.11 10232 HUTTON CHEMICAL TRUCK WASH DETERGENT-EQUIPMENT MAINTENANCE 234.30 10233 ICE SKATING INSTITUTE OF AMERICA SKATING LESSON BADGES/SHOW ENDORSEMENT 838.60 FEE-COMMUNITY CENTER 10234 INDUSTRIAL LIGHTING SUPPLY INC LAMPS-WATER DEPT 3 10235 INLAND TRUCK PARTS CO DRIER-EQUIPMENT MAINTENANCE 2 8 10236 INSTY-PRINTS PRINTING/FOLDING-POLICE DEPT 267.15 10237 INTERIM PERSONNEL SERVICES SERVICE-ADMINISTRATION DEPT 786.52 10238 INTL CONF OF BLDG OFFICIALS MECHANICAL CODE HANDBOOK-BLDG INSPECTIONS 42.50 DEPT 10239 INTL OFFICE SYSTEMS INC COPIER REPAIR-UTILITIES DIVISION 145.39 10240 GARY ISAACS VOLLEYBALL OFFICIAL & OFFICIALS 304.00 COORDINATOR/FEES PAID 10241 LYNNETTE ISAACS VOLLEYBALL OFFICIAL/FEES PAID 120.00 10242 DEAN R JACOBS MILEAGE-ASSESSING DEPT 9.0C 10243 BRENDA JO JERDE VOLLEYBALL OFFICIAL/FEES PAID 960.00 10244 JOHNSON CONTROLS 2ND QTR 93 MAINTENANCE AGREEMENT- 1033.7E COMMUNITY CENTER 10245 CARL JULLIE EXPENSES-ADMINISTRATION DEPT 92.52 10246 KOCH SCHOOL BUS SERVICE INC BUS SERVICE-SKI TRIP PROGRAM 302.6E 10247 LAB SAFETY SUPPLY BRUSH/SAFETY LABELS & SIGNS-SAFETY DEPT/ 67.91 GLOVES-WATER DEPT 10248 LAKE COUNTRY DOOR CHAIN LINKS/DOOR REPAIR-FIRE STATION 65.5E 10249 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 1458.0E 10250 LAKELAND FORD TRUCK SALES INC BRAKE KIT/HUB ASSEMBLIES/ARM REST/HUB CAP- 506.9( EQUIPMENT MAINTENANCE 10251 LAMETTRYS COLLISION PAINT & REPAIR VEHICLE-EQUIPMENT MAINT 2611.9E 10252 LANG PAULY & GREGERSON LTD FEBRUARY 93 PRDSECUTION SERVICE-POLICE DEPT 10911.42 10253 LARKIN HOFFMAN DALY & FEBRUARY 93 SERVICE-WETLAND PERMIT ISSUES 807.5( 10254 LAWSON PRODUCTS INC ZINC SPRAY/HANDLE-WATER DEPT 10255 LEAANNS SEWING/CUSTOM DECORATING BUNKER REPAIRED-FIRE DEPT E 3825585 A9 APRIL 6,1993 10256 L MCI T LIABILITY INSURANCE 2342.33 10257 L MCI T LIABILITY INSURANCE 46343.00 41110258 LINDIG MFG CORPORATION BRAKE PAD & HOLDER/BEARINGS-EQUIPMENT MAINT 621.94 0259 L 0 F T CLASSICS T-SHIRTS/CAPS-ORGANIZED ATHLETICS PROGRAM 434.90 10260 LOGIS JANUARY & FEBRUARY 93 SERVICE 16433.35 10261 MACQUEEN EQUIPMENT INC SHEAR PIN/SPRAY NOZZLES/BUMPER PADS/WIPER 4354.17 BLADES/DRIVE SPOCKETS & CHAINS/CLUTCH BRAKE SHOE/BEARINGS/RETAINING RINGS/MAIN & GUTTER BROOMS/SUCTION TUBES-EQUIPMENT MAINT/SEWER DEPT 10262 JIM MANFRED HOCKEY & BROOMBALL OFFICIAL/FEES PAID 515.00 10263 THERESE MANGOLD EXPENSES-HISTORICAL & CULTURAL COMMISSION 21.27 10264 PAULETT MARINI SILK SCARF CLASS INSTRUCTOR-SENIOR 39.00 PROGRAMS/FEES PAID 10265 MARKS EDEN PRAIRIE AMOCO CAR WASH-EQUIPMENT MAINTENANCE 19.65 10266 PAT MCCARTY EXPENSES-WATER DEPT 19.77 10267 AHMAD R MCGOWAN BASKETBALL OFFICIAL/FEES PAID 117.50 10268 MEDICAL OXYGEN & EQUIP CO HELIUM/OXYGEN-FIRE DEPT 64.72 10269 MENARDS PAINT ROLLERS/TRAYS/LINERS/TRIM WAND/ 1381.36 HARDWARE/GARBAGE BAGS/PAINT/ROPE/HINGES/ RUSTOLEUM/UTILITY BLADES/FIBERBOARD/ CEDAR SIDING/PLYWOOD/SAND/TREATED TIMBERS/ CARRIAGE BOLTS-BLDG INSPECTIONS DEPT/PARK MAINT/FACILITIES DEPT/STREET DEPT/OUTDOOR CENTER/COMMUNITY CENTER 10270 CRAIG MERRIMAN GOLF INSTRUCTOR/FEES PAID 60.00 10271 METRO SALES INC TONER-CITY HALL/RECREATION ADMINISTRATION 225.22 Aiii0272 METRO SYSTEMS HANGING FRAMES-FORESTRY DEPT 33.11 mp0273 METROPOLITAN WASTE CONTROL COMM FEBRUARY 93 SAC CHARGES 22275.00 10274 MIDAS BRAKE & MUFFLER EXHAUST PIPES/MUFFLERS/TAIL PIPES- 363.95 EQUIPMENT MAINTENANCE 10275 MIDWEST ASPHALT CORP ASPHALT/SNOW REMOVAL-STREET DEPT 2363.50 10276 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL 189.40 10277 MIDWEST COCA COLA BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER 612.00 10278 MIDWEST MACHINERY INC CAPS/GROMMET/SEALS/BUSHINGS/WASHER- 47.45 EQUIPMENT MAINTENANCE 10279 BRIDGET MILLER EXPENSES-CITY HALL 7.3E 10280 MINNCOMM PAGING MARCH 93 PAGER SERVICE-UTILITIES DIVISION 44.4E 10281 MINNEAPOLIS HEALTH DEPARTMENT LABORATORY TESTS-POLICE DEPT 50.8C 10282 MPLS SPRING & BODY INC AIR SPRING-EQUIPMENT MAINTENANCE 173.32 10283 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES 460.92 10284 MINNESOTA BLUEPRINT BLUEPRINT COPIER REPAIR-ENGINEERING DEPT 250.17 10285 MINNESOTA BUSINESS FORMS LETTERHEAD/ENVELOPES-CITY HALL 1784.1E 10286 MN COMMUNITY BAND FESTIVAL PARTICIPATION FEE-ART & MUSIC PROGRAM 40.00 10287 MN CONWAY FIRE & SAFETY FLASHLIGHTS/LAMPS/GLOVES/SLEEVES/O-RINGS/ 1558.52 FIRE EXTINQUISHER RECHARGING/VALVE-FIRE DEPT 10288 MN OFFICE ON VOLUNTEER SERVICE DUES-HUMAN RESOURCES DEPT 50.0C 10289 MINNESOTA SAFETY COUNCIL INC SUBSCRIPTION-SAFETY DEPT 136.5( 10290 MINNESOTA STATE TREASURER FEBRUARY 93 BUILDING SURCHARGE 2790.8E 10291 MINNESOTA TROPHIES & GIFTS PLAQUES-FIRE DEPT 331.0( 10292 MINNESOTA WANNER CO AIR BOTTLE HOLDERS-FIRE DEPT 396.1E 10293 MINUTEMAN PRESS PRINTING FORMS-BUILDING INSPECTIONS DEPT 339.7, 0294 MITCHELL INTERNATIONAL COMPUTER SOFTWARE-EQUIPMENT MAINTENANCE 1195.0( 0295 MODERN OFFICE FOLDING TABLES-COMMUNITY CENTER 438.7E 10892543 Gggil APRIL 6,1993 10296 MOORE MEDICAL CORP 1ST AID RESCUE EQUIPMENT-FIRE DEPT 373.80 10297 JAMES G MROZLA TRAILER HITCH-FIRE DEPT 2 10298 MTI DISTRIBUTING CO HYDRAULIC CYLINDER/ELBOWS/OIL DRAIN PLUG/ 241100 HOSE CONNECTIONS-EQUIPMENT MAINTENANCE 10299 MUNICILITE CO SPOTLIGHTS/STROBE LIGHTS/STROBE MINI-BARS- 658.98 EQUIPMENT MAINTENANCE 10300 MOORE MEDICAL CORP TEST/REPAIR & RETEST RESIDENTS WATER 3831.87 METERS-WATER DEPT 10301 NATIONAL PC SYSTEMS MAINTENANCE AGREEMENT-COMMUNITY CENTER 178.31 10302 NATIONAL RECREATION & PARK ASSN DUES-RECREATION ADMINISTRATION 25.00 10303 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-COMMUNITY CENTER/POLICE 502.31 DEPT 10304 JAN NELSON MINUTES-HUMAN RIGHTS & SVCS COMMISSION 125.00 10305 NEWSWEEK SUBSCRIPTION-HUMAN RESOURCES DEPT 74.88 10306 NORTHERN HYDRAULICS INC PRESSURE REGULATOR/TORCH LIGHTER/L P TANK- 48.96 WATER DEPT 10307 NORTHERN STATES POWER COMPANY UNDERGROUND ELECTRICAL SERVICE INSTALLED- 12455.00 MILLER PARK 10308 NORTHWOOD GAS CO FACSIMILE PAPER & INK FILM/MAINTENANCE 676.36 AGREEMENT-CITY HALL 10309 NORTHSTAR REPRO PRODUCTS INC BOND PAPER-ENGINEERING DEPT 25.57 10310 NYSTROM PUBLISHING CO CITYS SHARE OF SPRING 93 BROCHURE-ADAPTIVE 294.03 RECREATION 10311 OCHS BRICK & TILE CO SAND-WATER DEPT 21.09 10312 OFFICE ELECTRONICS INC LABELS-CITY HALL 133.08 10313 OHLIN SALES INC CAMCORDER/CHARGER-POLICE DEPT 72.38 10314 OLSEN CHAIN & CABLE CO INC CABLE/CLIPS/TURNBUCKLES/BLADES-PARK MAINT 162.56 EQUIPMENT MAINT 10315 ONGUARD TEXTBOOKS-FIRE DEPT 941,6 10316 OPM INFORMATION SYSTEMS COMPUTER SOFTWARE-FINANCE DEPT 120.65 10317 PARK NICOLLET MEDICAL CENTER PHYSICAL EXAMS-FIRE DEPT/POLICE DEPT 1879.81 10318 PC EXPRESS/PC TRONICS MONITOR/KEYBOARD-POLICE DEPT 136.32 10319 PEAK STAFFINC INC MINUTES-HISTORICAL & CULTURAL COMMISSION 11.2E 10320 PEEWEE BL HOCKEY TEAM LABEL PINS-HUMAN RESOURCES DEPT 33.5E 10321 J W PEPPER OF MPLS SHEET MUSIC-ART & MUSIC PROGRAM 229.0C 10322 PEPSI COLA COMPANY CONCESSION STAND SUPPLIES-SKATING RINKS 204.1E 10323 PITNEY BOWES INC POSTAGE BY PHONE METER RENTAL-POLICE DEPT 137.9C 10324 PLANT & FLANGED EQUIPMENT CO BORE SEAL KITS-WATER DEPT 365.7E 10325 PLASTIC PRODUCTS LAMINATING POUCHES-COMMUNITY CENTER 142. 10326 PORT A WELDING INC ALUMINUM RAILING REPAIRED-STREET DEPT 150.0C 10327 PRAIRIE ELECTRIC COMPANY INC REPLACED BALLASTS/SIGN LAMPS/FIXTURE 1115.2E REPAIRS/BATTERIES/FUSES-FACILITIES DEPT/ COMMUNITY CENTER 10328 PRAIRIE OFFSET PRINTING FORMS/FLYERS-POLICE DEPT/SENIOR PROGRAMS 239.0; 10329 J A PRICE AGENCY INC SEWER BACK UP 500.0( 10330 PRIDE& PERFORMANCE INC RECOGNITION PENS-HUMAN RESOURCES DEPT 63.7E 10331 PRINTERS SERVICE INC ICE BLADES SHARPENED-COMMUNITY CENTER/ 150.4( CHIPPER KNIVES SHARPENED-EQUIPMENT MAINT 10332 JERRY PRODOEHL EXPENSES-STREET DEPT 17.7, 10333 PROFESSIONAL COMPUTER SERVICES COMPUTER SOFTWARE & INSTALLATION-POLICE 346.1 DEPT 10334 THE PROMOTION GROUP GOLF CAPS/BASEBALL JACKETS/SWEATSHIRTS 261.3: FOR INCENTIVE AWARDS-SAFETY DEPT 10335 PSQ BUSINESS COMMUNICATIONS INC TELEPHONE REPAIR-FIRE STATION 10336 PSQ LEASING & MAINTENANCE 2ND QTR 93 TELEPHONE MAINTENANCE 14 .5( AGREEMENT-CITY HALL 2861525 10337 PUBLIC SECTOR QUALITY REPORT SUBSCRIPTION-ADMINISTRATION DEPT 69.50 10338 QUANTUM & COMPANY CUSTOM EMBROIDE JACKETS/SWEATSHIRTS/SWEATERS-PUBLIC WORKS 467.50 DEPT/UTILTIES DIVISION 10339 R & R MARINE PAINTED OARS/OAR LOCKS-PARK MAINTENANCE 84.94 460340 RAINBOW FOODS CONCESSION STAND SUPPLIES-COMMUNITY CENTER 35.61 0341 RECREONICS INCORPORATED LANE LINE CABLE-POOL MAINT-COMMUNITY 300.00 CENTER 10342 AAGE REFFSGAARD EXPENSES-BLDG INSPECTIONS DEPT 15.00 10343 RELOC CENTER REFUND-OVERPAYMENT UTILITY BILLING 16.52 10344 RESCUE ONE SEAT BELT CUTTERS-FIRE DEPT 80.00 10345 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-ROWLAND RD/FLYING CLOUD DR/WATER 13321.75 TOWER/TECHNOLOGY DRIVE 10346 ROAD RESCUE INC RESTRAINT STRAPS-FIRE DEPT 15.08 10347 KRIS ROEGLIN AFTERSCHOOL CONNECTION INSTRUCTOR/ 294.68 EXPENSES/FEES PAID 10348 ROLLINS OIL CO UNLEADED FUEL/DIESEL FUEL-EQUIPMENT MAINT 12724.29 10349 ROOT-O-MATIC SEWER SERVICE TRUNK LINE SERVICE-SEWER DEPT 148.00 10350 RUFFRIDGE JOHNSON EQUIPMENT CO BAR VALVE SPRAY/LINKAGE/PROTECTIVE COVER- 259.39 EQUIPMENT MAINTENANCE 10351 RYANS RUBBER STAMPS NOTARY STAMPS/RE-INKED STAMP-HUMAN 29.30 RESOURCES DEPT 10352 SAFETY-KLEEN CORPORATION CLEANING SUPPLIES/CARBURETOR CLEANER- 165.61 PARK MAINT/EQUIPMENT MAINT 10353 SALLY DISTRIBUTORS INC WATER SQUIRT ANIMALS-POOL SPECIAL EVENTS 83.13 PROGRAM/STONEWARE MUGS-SENIOR CENTER OPERATIONS 10354 SANCO INC SQUEEGEES/SPOUTS/CAPS/BLOWER/CLEANING 560.95 SUPPLIES-FACILITIES DEPT/COMMUNITY CENTER 10355 THE SANTA CRUZ OPERATION INC COMPUTER SOFTWARE MAINTENANCE AGREEMENT- 675.75 WATER DEPT 0356 SAVOIE SUPPLY CO INC CAR WASH SOAP-FIRE DEPT 58.19 0357 WENDY SCHMITZ NOTARY REGISTRATION FEE-HUMAN RESOURCES 25.00 DEPT 10358 SCRAP METAL PROCESSORS INC WASTE DISPOSAL-EQUIPMENT MAINTENANCE 7.00 10359 SEARS LEVEL PART-BUILDING INSPECTIONS DEPT 10.64 10360 TIM SENSION BASKETBALL OFFICIAL/FEES PAID 112.00 10361 SHIELY COMPANY GRAVEL-WATER DEPT 431.2E 10362 SHINGOBEE BUILDERS INC SERVICE-COMMUNITY CENTER 2ND ICE SHEET 51161.82 10363 SIGN SOLUTIONS INC GRAPHIC SIGN/ILLUMINATED BOX-COMMUNITY CTR 345.0C 10364 STEVEN R SINELL MARCH 93 CAR ALLOWANCE/EXPENSES-ASSESSING 229.0C DEPT 10365 SIR SPEEDY PRINTING CENTER PRINTING FORMS-SAFETY DEPT 53.2t 10366 ERIC SIT KARATE INSTRUCTOR/FEES PAID 415.2C 10367 PETER N SMITH VOLLEYBALL INSTRUCTOR/FEES PAID 232.00 10368 W GORDON SMITH CO PROPANE/OIL-COMMUNITY CENTER/WATER DEPT 38.11 10369 SNAP-ON TOOLS BATTERY PACK/PUNCHES/CHISELS/WRENCH SETS/ 406.2� BLADE/IMPACT TOOL/PLIERS/BREAKER BAR/ EXTENSION/MIRROR-STREET MAINT/PARK MAINT/ EQUIPMENT MAINT/WATER DEPT 10370 SNYDER DRUG STORES INC EXPENSE-POOL LESSONS 13.2: 10371 SNYDER DRUG STORES INC 1ST AID SUPPLIES/PIPE CLEANERS/SHOE 38.9( POLISH-POLICE DEPT 10372 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-LIQUOR STORE 127.5( 10373 SOUTHAM BUSINESS COMMUNICATIONS LEGAL PUBLICATION-STREET MAINTENANCE 51.0E iiik8310247 69 9T APRIL 6,1993 10374 SPECIALTY CONTRACTING INC LOCATE & REPAIR WATERMAINS-WATER DEPT 4093.50 10375 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPT/WATER DEPT 877.46 10376 STANDARD SPRING CO REAR SPRINGSBUSHINGS-EQUIPMENT MAINT Wha3 10377 STAR TRIBUNE SUBSCRIPTIONS-CITY HALL/POLICE DEPT WO 10378 THE STATE CHEMICAL MFG CO CLEANING SUPPLIES-UTILITIES DIVISION 240.54 10379 STATE OF MINNESOTA PUBLICATIONS-FORESTRY DEPT 66.38 10380 STATE TREASURERS OFFICE DISTRIBUTION OF FORFEITURE FUNDS 16.20 10381 STRAND MFG CO INC HYDRANT SHAFT-WATER DEPT 180.00 10382 STRATEGIES FOR SUCCESS DANCE INSTRUCTOR-SENIOR PROGRAMS/FEES PAID 240.00 10383 STREICHERS PROFESSIONAL POLICE EQ IRRITANT FOR DEFENSE/SPEAKERS & BRACKETS- 699.82 POLICE DEPT/EQUIPMENT MAINTENANCE 10384 STRGAR ROSCOE FAUSCH INC SERVICE-DELL ROAD/SCENIC HEIGHTS RD/ 6445.26 SHORES OF MITCHELL LAKE 10385 SUBURBAN CHEVROLET FILTERS/SEALS/VALVE ASSEMBLY/LENSES/ 531.51 SWITCH/ELECTRONIC CONTROL MODULE/RUST PROTECTION-EQUIPMENT MAINT/WATER DEPT 10386 SUBURBAN RATE AUTHORITY 1ST HALF 93 DUES-CITY COUNCIL 1500.00 10387 NATALIE SWAGGERT MARCH 93 CAR ALLOWANCE/EXPENSES-HUMAN 206.75 RESOURCES DEPT 10388 SWEDLUND SEPTIC SERVICE WASTE DISPOSAL-OUTDOOR CENTER 160.00 10389 TARGET STORES FRAME HOLDERS/VIDEO CASSETTE RE-WINDER- 69.10 POLICE DEPT 10390 KATHY TEKIELA AFTER SCHOOL PROGRAM INSTRUCTOR/FEES PAID 668.25 10391 THANE HAWKINS POLAR CHEVROLET 4X4 PICKUP-WATER DEPT 16362.20 10392 DOUG THIES JACK/ADAPTER-FIRE DEPT 19.11 10393 THIRTY-THREE MINUTE PHOTO INC FILM/FILM PROCESSING-HUMAN RESOURCES DEPT/ 186.26 SAFETY DEPT/POLICE DEPT/PARK MAINT 10394 JEANE THORNE INC MINUTES-HISTORICAL & CULTURAL COMMISSION 3 - .00 10395 TNEMEC COMPANY INC PAINT-WATER DEPT :0 10396 TOLL COMPANY HOT SPOTTER-WATER DEPT 6 10397 RON TOSKEY BROOMBALL OFFICIAL/FEES PAID 34.00 10398 TOTAL REGISTER SYS LABELS-LIQUOR STORE 128.30 10399 RUTH TOURVILLE GREETING CARD CLASS INSTRUCTOR/FEES PAID 39.00 10400 TRI-STATE PUMP & CONTROL INC RE-WIRED MOTOR-PARK MAINTENANCE 147.5C 10401 SHARI TRITCH GYMNASTICS INSTRUCTOR/FEES PAID 333.0C 10402 TWIN CITY SCALE COMPANY SCALE ADJUSTED & CALIBRATED-POLICE DEPT 70.0C 10403 TWIN CITY OXYGEN CO OXYGEN/LIQUIFIED CARBON DIOXIDE-EQUIPMENT 195.8E MAINTENANCE/COMMUNITY CENTER 10404 TWIN CITY TRUCK EQUIPMENT INC AUTO CRANE REPAIR-SEWER DEPT 463.11 10405 U S WEST COMMUNICATIONS DAMAGED CABLE REPAIRED-WATER DEPT 657.62 10406 UNIFORMS UNLIMITED UNIFORMS-BUILDING INSPECTIONS DEPT 38.9C 10407 UNITED FIREFIGHTERS ASSN DUES-FIRE DEPT 25.0C 10408 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT 341.48 10409 UNITED STATES TENNIS ASSN DUES-TENNIS PROGRAM 25.00 10410 UNIVERSITY OF MINNESOTA HANDBOOK-FORESTRY DEPT 26.6Z 10411 UNLIMITED SUPPLIES INC NUTS & BOLTS/WASHERS/DRILL BITS/COUPLINGS/ 528.a FITTINGS-EQUIPMENT MAINTENANCE 10412 VALERIES FRESH FLOWERS EXPENSES-HUMAN RESOURCES DEPT 80.8E 10413 VESSCO INC BEARINGS/SPACER/SCREW BELT TENSION/VALVES/ 2247.5E SUPPORT/GASKETS/SEAT/DIAPHRAGM/CARBON DIOXIDE & CHLORINE FEEDERS REPAIRED-WATER DEPT 10414 VICOM INC WIRE MAINTENANCE AGREEMENT-WATER DEPT 1161.2: 10415 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER 10416 VOSS LIGHTING LIGHT BULBS-FACILITIES DEPT/COMMUNITY CTR IIIIEE 4168723 APRIL 6,1993 10417 VWR SCIENTIFIC INC LAB SUPPLIES-WATER DEPT 210.00 Ili0418 WATER SPECIALTY OF MN INC CHEMICALS-POOL OPERATIONS-COMMUNITY CENTER 658.32 419 WATERPRO CURB BOX/CLAMP/COUPLINGS/PVC PIPE- 342.31 UTILITIES DIVISION 10420 WAYTEK INC CABLE TIES-PARK MAINTENANCE 53.60 10421 WEST WELD CUT OFF DISCS/GRINDING DISCS/WELDING 179.99 GLOVES-EQUIPMENT MAINTENANCE 10422 WESTWOOD PROFESSIONAL SERVICES IN SERVICE-MITCHELL RD & TECHNOLOGY DR 4450.00 10423 RICHARD C WILLIAMSON CONFERENCE-STREET MAINTENANCE 36.50 10424 WOLFF-FORDING & CO ICE SHOW COSTUMES-COMMUNITY CENTER 848.15 10425 WRIGHT LINE INC DATABOX UNITS-BLDG INSPECTIONS DEPT . 9926.14 10426 TRACEY ZACHMAN MILEAGE/EXPENSES-FINANCE DEPT 31.25 10427 ZACKS INC TOWELS/SCRAPERS/ASPHALT REMOVER/HANDLES- 143.14 EQUIPMENT MAINTENANCE 10428 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-CITY HALL/COMMUNITY CTR/ 351.72 SENIOR CENTER 10429 ZEOS INTL LTD 2 COMPUTERS/SOFTWARE-BLDG INSPECTIONS DEPT 4654.26 21 8538. $1040448.51 S41i1 L 110 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural ResourceiTh-- DATE: April 1, 1993 SUBJECT: City Attorney's Response to the Eden Prairie Land Trust Request Attached to this memo is a memo from Roger Pauly addressing the specific requests from the Eden Prairie Land Trust. Mr. Pauly points out that the City does not have the authority to grant a number of the requests; however, the City can provide the following: 1111 1. The City can provide information that we have in our files. 2. The City can provide funds to educate the public on the value of natural resources, but not for the purpose of collecting funds for the EPLT. 3. City staff can participate in EPLT meetings, if the purpose is to educate or inform the public on the value of natural resources. 4. The City cannot contribute money or in-kind services unless the purpose is to educate and inform the public on the value of preserving natural resources. The City Council can continue to support the goals of the EPLT and can request the EPLT to assist the City in preserving our unique natural resources; however, the City is limited, by law, as to providing direct financial or staff assistance to any non-profit organization. BL:mdd EPLT/1 • '7 0 • • LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW SUBURBAN PLACE BUILDING • 250 PRAIRIE CENTER DRIVE,SUITE 370 EDEN PRAIRIE,MINNESOTA 55344 TELEPHONE: (612)829-7355 FAX:(612)829-0713 INNPOLIS ROBERT I.LANG 4400 IDS CENTER OFFICE ROGER A.PAULY 80 SOUTH EIGHTH STREET DAVID H.GREGERSDN' MINNEAPOLIS,MINNESOTA 55402 RICHARD F.ROSOW (612)338-0755 MARK J.JOHNSON FAX(612)349-6718 JOSEPH A.NILAN JOHN W.LANG,CPA REPLY TO EDEN PRAIRIE OFFICE: JUDITH II.DUTCHER BARBARA M.ROSS WILLIAM R.MILLER TODD A.SATTLER JENNIFER M.INZ •Also Authorized to MEMORANDUM Practice Law in Wiseman TO: Carl J. Jullie : ::Bob Lambert FROM: Roger A. Pauly ; Uv DATE: March 26 , 1993 SUBJECT: Eden Prairie Land Trust ( "EPLT" ) Request for Assistance The purpose of this Memorandum is to respond to the requests of the EPLT contained in a letter to Bob Lambert from Betty McMahon, dated February 25 , 1993 . As I have previously called to your attention, the Minnesota Attorney General has ruled that municipalities have no authority to make donations or contributions to private non-profit or charitable organizations. This, of course, does not mean that a municipality may not engage in actions which come within its authorized powers simply because a private organization is attempting to achieve the same objective. Analysis of the City' s authority to positively respond to the EPLT request requires a consideration of the following questions: 1 . Does the request constitute a contribution or donation of money, either directly or by payment to a third party, for the benefit of the EPLT? 2 . Does the request for services and assistance involve providing assistance or service that is not an authorized municipal function? A distinction needs to be made here between those services, the objective of which is a proper City function, and which incidentally benefit a private organization and those services which are for the benefit of the private organization. Based upon the foregoing, I have the following comments concerning the EPLT requests: • 1v [ • Fundraising Committee To the extent the request seeks assistance of the City, either through its own staff or by hiring a professional fundraiser to raise funds for the EPLT through private contributions or corporate foundation contributions this would be an unauthorized expenditure of City funds and/or personnel. Insofar as the City itself would be the recipient of public funding and grants , or for that matter private contributions , the City would be authorized to devote time and resources to securing those funds . In other words , if the City is the recipient of the funds to be used for proper purposes, such as enhancement or preservation of the environment, I believe that would be appropriate. Public Relations Engaging media and organizing rallies and events to create a public awareness of and for EPLT would not, in my opinion, be appropriate. Expenditure of funds or staff time for media or other activities mentioned to educate citizens relating to historic and ecological value of woods and other ecological resources would, I believe, be appropriate. In other words, I believe the City would have authority to undertake such tasks with or without the EPLT. To the extent that EPLT is asking for historical, natural resources , and ecological information, I believe the City could 1110 provide information that the City possesses as it would provide that information to any other member of the public. Membership I do not believe it appropriate for the City staff to act in effect as staff persons for the EPLT, such as contacting committee members for events and meetings, doing mailings, recruitment and other work for or on behalf of the EPLT. Operations Committee The first paragraph under this caption appears to be directed to members of the EPLT and not to the City. Under the caption "staffing assistance needed, " however, providing legal research and information and donating the services of a contractual staff person to the EPLT would be inappropriate. Participating in meetings of the EPLT could be appropriate if this is in furtherance of a City program to educate the public with respect to preservation of natural resources and environmental matters, to implement measures to preserve natural resources or to enhance the environment. It would be inappropriate to provide office space, copying privileges and educational funds for representatives of the EPLT. Furthermore, it would not be appropriate for the City to make contributions of funds to be paid to a developer to refrain from proceeding with a development. 410 Plod MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager �� FROM: Craig Dawson, Asst. to the City Manager/`U\ DATE: March 31, 1993 l/�� SUBJECT: Ethics Codes and Gift Practices As requested, staff has assembled more information regarding the codes of ethics and practices of receiving gifts for elected city officials. This information will have been forwarded to Council in its April 2 "FYI" materials. Extensive legislation on ethics in government is codified in Chapter 10A of Minnesota Statutes. City councilmembers are included in the definition of "local officials, " and the provisions in statutes generally apply to city officials. "Official Conflict of Interest, " a research report prepared by the League of Minnesota Cities, relates the concepts of ethics in Minnesota governments and summarizes how state statutes apply to the municipalities. In discussions with the LMC and neighboring communities, it appears that most cities rely on Minnesota statutes for ethics codes, identifying conflicts of interest, or practices relating to gifts. ill Codes of ethics which appear in city codes often make reference to statutes or highlight areas which councils have deemed to be important. Organizationally, most cities have policies relating to employees only, or to employees and councilmembers. Matters of ethics designed to apply solely to councilmembers have been infrequently developed. Ethics are partly legal and partly principle. As related in the LMC research report, there is a fallacy that just because something "is legal, it's ethical" (p.5) . Ethics are motives and conduct, something beyond obeying the letter of the law. "Because of the unique importance of credibility and public trust, government employees [and elected officials] must avoid even the appearance of impropriety. " Guidelines related to gifts appear to be a matter of local policy. Avoiding the appearance of impropriety may suggest that personal gifts be refused entirely. On a practical basis, situations surrounding gifts or something given as a favor may be awkward or difficult. Some organizations have made such gifts available to the public (e.g. , given tickets to charities, set out holiday food on counters for all to take) . Others have made a further distinction that gifts be allowed as long as they are available to the public generally and not related to one's affiliation with the city. Staff would appreciate direction from the Council about further progress on this topic. MEMORANDUM • TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources (, DATE: March 26, 1993 SUBJECT: Recommendations from the Natural Resources Study Committee At the March 14th meeting, the Natural Resources Study Committee requested staff to forward three recommendations to the City Council from the Natural Resources Study Committee. Those recommendations are as follows: 1. The committee recommends the City purchase aerial interpretive contour maps for the remaining bluff property and Riley Creek corridor. The cost to obtain these contour maps is $5,350. III 2. The committee has limited the study of unique natural areas to seven sites. The committee requests the City Council to approve limiting the study to these seven sites and to authorize staff to notify all of the property owners in the original study area which seven sites are still being considered for study and possible eventual purchase by the City. 3. The committee indicated that in order to complete the study of the remaining seven sites, it will be important for the committee and the naturalist to be able to walk each of the sites. The committee requested the City Council to authorize the Mayor to write a letter on behalf of the City Council requesting those property owners to allow the committee and the naturalist to view the sites. The Natural Resources Study Committee is still on track to provide a final report to the City Council by the July 20th Council meeting. Members of the committee and City staff will be interviewing naturalists on April 13th and will recommend hiring a naturalist consultant to assist the committee in evaluation of the seven sites at the April 20th Council meeting. recommend/1 • '7ULf • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Carl Jullie, City Manager /� �� FROM: Bob Lambert, Director of Parks, Recreation and Natural Resource: 1�v' DATE: March 31, 1993 SUBJECT: Recommendation to Hire a Consultant to Evaluate the Community Center Natatorium Over the last few years as the Foxjet Swim Club membership has climbed the Community Center staff have received an increasing number of complaints from parents that some swimmers are having respiratory problems when swimming at the Eden Prairie pool. The Community Center staff have had staff from other pools, including the University of Minnesota, as well as Health Department Officials evaluate our maintenance procedures and water quality. Preliminary indications are that the air handling system may not be circulating sufficient air 0 during certain times of the year and may require installation of air conditioning and dehumidification to alleviate some of the breathing problems experienced by extremely active swimmers. The County Health Department has recommended increasing the number of occasions the staff super chlorinate the pool in order to reduce the combined chlorine readings. Since the staff have increased the super chlorination to a weekly basis, the combined chlorine readings have generally been around .5 parts per million (the accepted standard), with the exception of certain times when there are high numbers of very active swimmers in the swimming pool. During these times the free chlorine count is reduced and the combined chlorine count therefore increases. At a recent Parks, Recreation and Natural Resources Commission meeting representatives of the Foxjet Swim Club discussed these concerns with the Commission. Commission members requested specific information regarding State Health Department standards for air movement and pool water quality readings, and a comparison with readings from the Eden Prairie Community Center pool. The Commission also recommended hiring a mechanical engineer to evaluate the air handling system and the pool disinfectant system to determine if either system can be operated more effectively, or if the City should be considering changes or improvements to those systems to adequately handle the number of swimmers that are using that pool today. Attached to this memo is a copy of a Request for Proposal sent out to four mechanical engineering firms that have had extensive swimming pool design and construction experience. All four contractors responded with proposals that included references, a history of their • experience and fees to complete this study, as well as what the fees might be if the City required development of specifications for bids and construction observation. The quotes are as follows: Recommendatin to Hire Consultant March 31, 1993 • Page 2 Lundquist, Willmar, Potvin and Bender, Inc. Study Fee $3,200 Design & Construction Documents 6% Construction Observation 2% Burbach Municipal & Civil Engineers Study Fee $2,500 Design & Construction Documents 8% Construction Observation 4% Orr, Schellen, Mayeron & Associates, Inc. Study Fee $6,000 Design & Construction Documents $5,000 Construction Observation $2,500 Michaud, Cooley, Erickson Study Fee $5,800 no quote for Design & Construction Documents or Construction Observation After reviewing each of these proposals, City staff is recommending hiring LWPB for two major reasons: • 1. LWPB was involved in the design and mechanical system for the second ice rink and they are very familiar with the building and the problems of balancing the entire mechanical air handling system between the swimming pool and other portions of the building. 2. It appears as though LWPB would have the lowest total fee cost if, in fact, there is any project proposed from this study. City staff requests authorization to enter into a contract with LWPB to provide a study of the air handling system and the disinfectant system at the Eden Prairie Community Center natatorium based on the scope of services outlined in the Request for Proposal attached to this memo. RAL:mdd hire/I • �06 REQUEST FOR PROPOSAL FOR CONSULTING AQUATIC SERVICES SECTION 1 GENERAL INFORMATION A. OBJECTIVE The purpose for the Request For Proposal (RFP) is to obtain quotations for the assessment of the HVAC and disinfectant system for the swimming pool at the Eden Prairie Community Center. B. ISSUING OFFICE The RFP is issued by the City of Eden Prairie Parks, Recreation and Natural Resources Department. All correspondence regarding this RFP must be addressed to City of Eden Prairie Parks, Recreation and Natural Resources Department, 7600 Executive Drive, Eden Prairie, MN 55344. Telephone: (612) 937-2262 C. WORK STATEMENT 1. Perform a technical analysis of the existing HVAC system for the natatorium and the disinfectant system for the natatorium. • a. Technical analysis of the HVAC system to include measuring the amount of air turnover in the natatorium compared to the desired amount (State Code and/or desired industry standard). b. Determine what improvements to the existing HVAC system would be required to maintain humidity of between 40 and 45 percent in the natatorium. c. Evaluate the optimum condition for the balance of air between the natatorium and other portions of the Community Center and how to reach that condition. d. Evaluate the disinfectant system to determine what improvements to the system or the operating policies would be required to maintain a combined chlorine level of .5 parts per million on a regular basis. 2. Provide cost estimates for any improvements necessary for the HVAC system and for any improvements necessary for the disinfectant system. 3. Submit a final report and be prepared to discuss this report with the members of the Parks, Recreation and Natural Resources Commission at their regular meeting, as well as with the City Council at their regular meeting. 4. The final report must provide information on the existing conditions, the problems, the proposed changes, and the reasons why the changes will correct the • problem. The final report regarding recommendations for the HVAC system and disinfectant system should also include other considerations important to making /U7 a final decision such as the estimated increase in annual operating costs, any methods of improvements that should be considered that would reduce long term • operating costs (heat reclaim systems, etc.). 5. If a decision is made to proceed with detailed plans, what would the fees be for a second phase that would include preparation of detailed plans, specifications and bidding documents? If a decision is made to proceed with construction, what would the fees be for the third phase of services which would include bidding, contract administration, an on-site observation of the work as it progresses? D. PROPOSALS To be considered, each firm must submit a complete response to this RFP. The proposal must be signed in ink by an official authorized to bind the submitter to its provisions. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least 60 days from the due date for this proposal. E. ACCEPTANCE OF THE PROPOSAL CONTENT The contents of this RFP and the proposal will become contractual obligations, if a contract ensues. Failure of the selected consultant to accept these obligations may result in cancellation of the award. F. SELECTION CRITERIA 11111 Responses to this RFP will be evaluated based the firm's or individual's qualifications and past experience with swimming pools, as well as the quoted fee. The proposal must provide the following: 1. Qualifications of the individual that will be performing the service including his/her education and experience in the construction of mechanical systems for swimming pools. 2. Ability to meet the timetable identified for the project. 3. History of the firm in terms of length of existence, size, etc. 4. List of references for swimming pools that the individual has designed and that have been constructed. 5. Fee quotations are to be submitted as a not to exceed fee. An explanation including all services covered under the not to exceed fee must be described, as well as items, if any, that are not covered by the not to exceed fee. 2 • '201 • G. PROPOSAL DEADLINE Proposals must arrive at the Department of Parks, Recreation and Natural Resources on or before 4:30 p.m., Friday, March 26, 1993. H. RIGHT TO REJECT PROPOSALS The City of Eden Prairie reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects in the City's judgement, the best interests of the City will be served. In determination of awards, the qualification of the proposal submitter, the conformity with the specifications of the services to be supplied and delivery terms will be considered. Selected individuals or firms will be given an opportunity to discuss in more detail, their qualifications, past experience with similarpublic projects and their proposed time frame to accomplish the P Po task. I. COST LIABILITY The City assumes no responsibility of liability for costs incurred by the consultant prior to the signing of an agreement. J. PROPOSED TIMETABLE • 1. Proposal submittal deadline Friday, March 26, 1993, 4:30 p.m. 2. Interviews the week of March 29, 1993. 3. Recommendation to the Parks, Recreation and Natural Resources Commission April 5, 1993. 4. Recommendation to the City Council April 6, 1993. 5. Consultant receives input from staff and commences analysis April 7, 1993. 6. Consultant concludes analysis and submits report to the City of Eden Prairie April 23, 1993. 7. Staff and engineer submit report to the Parks, Recreation and Natural Resources Commission on May 3, 1993 and to the City Council May 4, 1993. RFP/1 • 3 FINANCE DIRECTOR JOHN FRANE AGENDA CITY COUNCIL STUDY SESSION TUESDAY, APRIL 13, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive Drive I. CALL TO ORDER/ROLL CALL II. ACTION ITEMS A. Resolution Requesting to Use MnDOT Property for Fire Training III. DISCUSSION ITEMS A. Presentation of Community Survey Findings by Decision Resources, Ltd. B. Issues for 1994 Budget and for Following Years C. Financial Planning for Capital Facilities Improvement D. Surface Water Management Utility E. Diversity Program Coordinator F. Ethics IV. OTHER ITEMS V. ADJOURNMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION REQUESTING THAT MnDOT PROPERTY SCHEDULED FOR DEMOLITION BE USED FOR FIRE TRAINING Whereas, the Minnesota Department of Transportation (MnDOT) owns property at 8050 and 8080 Wallace Road in Eden Prairie; and Whereas, buildings on these properties are scheduled to be demolished after April 23, 1993, [7300 S.P. 2762 (212=260) 902 *52-536 Parcels 51 and 52] in order to proceed with construction of U.S. Highway 212; and Whereas, the City is interested in using these properties for training by members of the Eden Prairie Fire Department before the buildings are demolished; and Whereas, the MnDOT has offered these premises for training purposes provided that the City hold the State harmless against possible claims arising out of these activities, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that it formally requests the use of the premises at 8050 and 8080 Wallace Road for fire training purposes; and BE IT FURTHER RESOLVER that, except for negligent acts of the State, its agents and employees, the City of Eden Prairie assumes all liability for, and will save the State, its agents and employees harmless from, all claims for damages, actions or causes of action arising out of the use of the subject buildings by the City for fire and police training. Adopted April 13, 1993 Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Craig W. Dawson, Assistant to the City Manager 0, DATE: April 9, 1993 SUBJECT: 1994-1996 Preliminary General Fund Budget Forecast The final sets of numbers needed to complete the 1994-1996 budget projections are still coming in as this memorandum is being written this morning. Rather than give for your Easter weekend reading pleasure lots of numbers that we wouldn't necessarily be comfortable with, we will deliver them to you Monday evening, April 12. This supplemental packet will have two reports: 1) Preliminary General Fund Budget Projections, 1994-1996 (Agenda Item III.B. ) and 2) Capital Facilities Financing Plan prepared by Springsted, Inc. (Agenda Item III.C. ) . CWD:jdp - MEMORANDUM - TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Alan D. Gray, City Engineer DATE: March 11, 1993 SUBJECT: Surface Water Management Utility As part of our continued consideration of a Surface Water Management Utility staff has discussed the coordination of water quality management programs with our Watershed Districts. Over the past twenty years the Districts and the City have shared responsibilities in surface water management with regard to both quantity and quality: • The Districts have planned and constructed the trunk water management systems such as the Chain-of-Lakes storm sewer. Once these trunk facilities are constructed they are turned over to the City for ownership and maintenance. • The City has planned, designed and constructed all storm water facilities within the smaller sub-watershed considered the lateral system. The City owns and maintains all public storm water facilities. • Both the Districts and the City have reviewed grading plans and monitored erosion control at construction sites. The District resources in this area have been limited. City and District staff have coordinated activities to avoid overlap. We anticipate a continued partnership with our Districts in the future as we continue to upgrade our storm water management facilities with increased emphasis on water quality. We anticipate that the financial resources of the City and the Districts will be coordinated in the following ways: • All maintenance of facilities will continue to be performed by the City. Districts do not plan to hire maintenance staff and purchase equipment, land and buildings for maintenance activities. The City can undertake maintenance more effectively since staff and equipment can be utilized for both surface water facilities and other systems. • Districts will continue to design and fund construction of the larger trunk elements of the system. These facilities will be identified in the updated 509 plans being prepared by the Districts. Surface Water Management Utility March 11, 1993 Page 2 of 2 • The City will continue to design and construct the systems which collect and treat storm water and convey it to the systems constructed at District expense. • The City will retrofit older lateral collection systems with treatment facilities such as sump catch basins or small NURP ponds. Several of the Cities which share our common Watershed Districts such as Bloomington and Chanhassen have storm water utilities. The Districts view utilities as stable funding sources to ensure effective maintenance of storm water management facilities. As the standards for surface water quality are increased and improved facilities for treatment are constructed, increased maintenance will be critical to system effectiveness. ADG:ssa Dsk:CC.WATER.QTY MEMORANDUM TO: Mayor and City Council FROM: Carl J. Jullie, City Manager DATE: April 2, 1993 SUBJECT: Cultural Diversity Program Coordinator At our Special Council meeting on Thursday, April 1, an item related to cultural diversity was added to the agenda for discussion purposes. Mayor Tenpas said that he has been contacted by City residents who are very supportive of the City becoming more pro-active in the area of promoting understanding, tolerance, and inclusiveness toward all individuals in our community. The Mayor reported that the Eden Prairie School District is considering hiring a part-time Cultural Diversity Coordinator to help address issues at the School District level. He suggested that this may be an opportunity for the City to join with the District and fund a full-time position which could also serve the City's needs as we would identify. Activities of this position could include the following: 1) Working with City management to help attract, hire, and retain qualified minority staff; 2) Assist with ongoing diversity training for City staff and other appropriate community groups; 3) Serve as staff resource for the City's Human Rights Committee; 4) Help promote community-wide town forums on diversity and the annual Martin Luther King celebration; 5) Help coordinate City Council/Commission/Staff response and follow-up when racial incidents do occur; and 6) Network and benchmark with other agencies to help Eden Prairie become a model for cultural diversity programs and leadership. Councilmembers expressed a desire to discuss this matter again at the April 6 regular Council meeting and to receive input from Councilmembers Harris and Jessen. It was agreed that the appropriate process would be to refer this matter to the Human Rights & Services Commission for their input and recommendations. The City would also need to be directly involved with the selection process in conjunction with the School District. I will be contacting Dr. McCoy regarding this matter and we will be prepared for further discussion next Tuesday evening. CJJ:jdp cc: Natalie Swaggert Karen Michael J MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Craig Dawson, Asst. to City Mgr. Sara Ruth, Senior Accountant DATE: April 12, 1993 SUBJECT: Preliminary General Fund Budget Projections, 1994-1996 Discussion of budget trends and issues at the April 13 Council study session is to designed to share with the Council some preliminary projections of financial resource needs, and to gain a sense of its priorities for the 1994 budget. Projections at this stage are still fairly rough. They are based on trend lines; some known obligations or reductions coming on line; hopeful estimates on the costs to run the Town Center building; and .some broad assumptions about what changes will occur in the economy, prices, and tax base. They also assume no major changes being made by the Legislature. These projections will be useful in identifying the magnitude of financial issues to be considered and/or changes in the array or level of services which may need to be contemplated. Preliminary Indications: The City's revenues are derived from taxes, fund transfers, available cash (or fund balance) , and non- tax sources (largely fees) . Non-tax revenues are projected to grow slightly after several new fees and fee adjustments were incorporated into the 1993 General Fund Budget. Non-dedicated fund transfers will remain stable. Some $1 million in fund balance is available from the funds set aside in 1991-1992 for a new city hall, and the 1992 year-end fund balance came in about $300, 000 above estimates. The property tax finances the rest of what is needed to pay for general services and obligations. In order to carry on the City's current business and meet new commitments, the net tax levy may need to increase $1,958, 100 in 1994, $678, 600 in 1995, and $581,100 in 1996 without the use of fund balances. These amounts represent 16.0%, 4.8%, and 3.9% increases for these respective years. The growth-plus-inflation budget guideline for net property tax receipts would be 5.5% for each of these years, the same figure that applied to 1993 . These increases could be offset with prudent use of the available cash reserves (and debt management) over the next two years. Using $607,000 in 1994 and $303,000 in 1995 would change the increases to 5.9% in 1994, 13.5% in 1995, and 6.1% in 1996. Preliminary General Fund Budget Projections, 1994-1996 Page Two Recent Tax Receipt History: As mentioned before, the general policy followed to maintain affordable taxes has been to limit the percentage increase in net property tax receipts to population or household growth plus the movement in the metropolitan consumer price index (CPI) . For 1992, this change was 6.7%. In 1993, this growth-plus-inflation figure was 5.5%--2.5% for population growth, plus a 3.0% increase due to inflaton. These same figures are projected for 1994-1996. In a sensitive response to the ability of residents and business to pay for City services during the recession of 1992 and 1993, the City Council limited the increase in the net property tax levy to 1.94%. Had the Council followed its guideline for tax receipts, the levy could have been increased 12.2% over these two years. Net property taxes levied for Pay1991 were $12,029,500. Using this figure as a base, the following table shows two "what-ifs"--1) what tax receipts would be at a 5.5% annual increase for 1994-1996 based on the 1993 levy; and 2) what tax receipts could have been through 1996 had the City levied a 12.2% increase over 1992-1993: Pay Pay Pay Pay Pay 1992 1993 1994 1995 1996 1) $12, 112, 300 $12,262,300 $12,936,700 $13, 648,200 $14,399,900 2) 12,835,500 13,541,500 14,286, 300 15,072, 000 15, 901, 000 Had the City adhered to its guidelines after 1991, tax receipts could have been $1.3 million greater for 1993 . This difference would increase in later years. Projection Suggestions: As mentioned at the bottom of the preceding page, meeting the preliminary expenditure forecast could be accomplished by using fund balances and increases in the net tax levy receipts. The resulting rate of tax increase would be slightly above the budget guideline for 1994, and the dollars received through 1996 would still remain $300, 000 under what the City could have collected had it continued customary tax practices after 1991. Assuming this revenue strategy, we have included a table showing what these projections suggest would be the impacts of the City's tax on homestead properties. For the homestead valued at $125, 000 for 1992Pay1993, the estimated tax would increase by $44-53/year over the three-year period. If the tax rate were to remain constant, this homestead would see a $52 increase anyway. While there is inexactitude in any projections, we are confident that the conservative approach used shows the general magnitude of expected expense and revenue requirements. Tax levy changes can be managed and fairly constant over a three-year time horizon. 4 a 1994-1996 PRELIMINARY BUDGET PROJECTIONS GENERAL MAJOR ASSUMPTIONS & VARIATIONS *Net tax capacities, 1994: $47,374,443 1995: 49,488,386 1996: 49,983,270 *Contracts, commodities, and services to increase 3.0%/yr. *Insurance costs to increase 3.0%/yr. . *Use debt obligation schedule prepared by Springsted, Inc. in April 1993 *Use equipment certificates for capital outlay in 1994; none thereafter *Use latest projections for operations and maintenance costs for Town Center building, and make adjustments for trend projections from 1993 to 1994 *Defer 1993 staff additions to 1994 *Wage adjustments reflect continuation of City's compensation philosophy *Fire Relief Association contributions 1) No change in current schedule 2) Funding for schedule proposed in 1993 to begin in 1994 (following approval in 1994 session of Legislature) Examples of other adjustments incorporated in projections *Improvements for ADA compliance ($250,000/yr. 1994-1996) *Increase due to new use/programming of facilities (City Hall, Miller Park, Parks/Public Works {Eaton} building, new ice arena) *Phase-out of Boyce property acquisition, TIF administration revenue, landfill closure consultants *Identification of several one-time or extraordinary expenses to be removed from projections for future years *Retain overall subsidy of recreation programs at 40% bprj1 Three Year Budget Projections REVENUE & EXPENDITURE OVERVIEW SCENARIO OPTIONS: FIRE RELIEF FUNDING SCHEDULE: schedule proposed in 1993 begins in 1994,assuming an 8%return on assets AMOUNT OF FUND BALANCE USED TO DRAW DOWN GENERAL FUND LEVY:$607,000 in 1994;$303,000 in 1995;$0 in 1996 AMOUNT OF EQUIPMENT CERTIF FINANCING: $600,000 in 1994;$0 in 1995&1996 ' 1993 1992 1993 ADJUSTED 1994 1995 1995 ACTUAL BUDGET BUDGET ESTIMATE ESTIMATE ESTIMATE REVENUES: GENERAL FUND Property taxes 10,191,944 10,666,700 10,666,700 11,425,800 12,834,500 13,625,700 Non-property taxes 4,863,952 4,656,600 4,721,600 4,636,700 4,676,000 4,826,800 Use of fund balance 511,301 187,100 750,400 607,000 303,000 0 Sub Total 15,567,197 15,510,400 16,138,700 16,669,500 17,813,500 18,452,500 TRANSPORTATION IMPROVEMENTS FUND Property tax 301,000 0 0 0 0 0 FIRE RELIEF AGENCY FUND Property tax 246,847 261,000 261,000 240,900 300,000 355,600 State fire aid 127,346 127,500 127,500 127,500 127,500 127,500 Other revenue 3,728 Sub Total 377,921 388,500 388,500 368,400 427,500 483,100 DEBT SERVICE FUNDS Property tax 1,798,400 2,284,000 2,284,000 2,256,400 2,497,100 2,520,700 TOTAL REVENUES 18,044,518 18,182,900 18,811,200 19,294,300 20,738,100 21,456,300 EXPENDITURES: GENERAL FUND Operations 14,214,297 15,503,400 16,131,700 16,669,500 17,813,500 18,452,500 Reservations 1,130,000 7,000 7,000 Encumbrances 222,900 TRANSPORATION IMPROVEMENTS 301,000 FIRE RELIEF PENSION CONTRIBUTION 377,921 388,500 388,500 368,400 427,500 483,100 DEBT SERVICE 1,798,400 2,284,000 2,284,000 2,256,400 2,497,100 2,520,700 TOTAL EXPENDITURES 18,044,518 18,182,900 18,811,200 19,294,300 20,738,100 21,456,300 %Increase 6.11% 7.48% 3.46% GENERAL FUND FUND BALANCE at year-end: Reserved for capital facilities 400,000 400,000 0 0 0 0 Reserved for new city hall 1,361,800 1,361,800 200,000 0 0 0 Reserved for PW storage facility 325,000 325,000 325,000 325,000 325,000 325,000 Reserved for severance obligations 243,000 250,000 250,000 250,000 250,000 250,000 Reserved for prepaid expenses 48,521 48,521 48,521 48,521 48,521 48,521 Reserved for encumtrances 222,900 222,900 0 0 0 0 Unreserved 2,948,080 2,760,980 3,582,415 2,975,415 2,672,415 2,672,415 Total 5,549,301 5,369,201 4,405,93.6 3,598,936 3,295,936 3,295,936 .�. s r EDEN PRAIRIE THREE YEAR PROJECTIONS w SCENARIO OPTIONS: FIRE RELIEF FUNDING SCHEDULE: schedule proposed in 1993 begins in 1994,assuming an 8%return on assets AMOUNT OF FUND BALANCE USED TO DRAW DOWN GENERAL FUND LEVY: $607,000 in 1994;$303,000 in 1995;$0 in 1996 AMOUNT OF EQUIP CERTIF FINANCING: $600,000 in 1994;$0 for 1995& 1996 ACTUAL' ACTUAL BUDGET ESTIMATED ''ESTIMATED ESTIMATEI' 90/91 91/92 92/93 , 93/94 94/95 95/96 TAX CAPACITY REAL PROPERTY 71,730,442 68,110,712 60,567,142 PERSONAL PROPERTY 1,543,449 1,495,422 1,493,318 GROSS VALUE 73,273,891 69,606,134 62,060,460 0 0 0 FISCAL DISP CONTRIBUTION (14,368,852) (14,421,779) (14,153,699) TIF CAPTURED VALUE (1,725,876) (1,521,637) (1,007,108) NET VALUE 57,179,163 53,662,718 46,899,653 47,374,443 49,488,386 49,983,270 TAX LEVIES GENERAL FUND $10,486,400 $10,527,400 $10,980,700 $11,745,700 $13,193,900 $14,007,200 TRANSPORTATION IMPROVEMENTS 301,000 0 0 0 0 FIRE RELIEF 85,000 261,000 261,000 240,900 300,000 355,600 DEBT SERVICE 2,131,000 1,798,400 2,284,000 2,256,445 2,357,132 2,380,703 NEW DEBT SERVICE FOR CERTIFS ISSUED IN 1994&BEYOND 140,000 140,000 12,702,400 12,887,800 13,525,700 14,243,045 15,991,032 16,883,503 GROSS LEVY INCREASE 1.5% 4.9% 5.3% 12.3% 5.6% LESS: HACA (25,000) (81,002) (535,672) (535,672) (535,672) (535,672) FISCAL DISP REVENUE (647,890) (694524) (727,755) (727,755) (727,755) (727,755) • NET LEVY $12,029,510 $12,112,274 $12,262,273 $12,979,618 $14,727,605 $15,620,076 NET LEVY INCREASE 0.7% 1.2% 5.9% 13.5% 6.1% TAX RATES PERCENT OF TAX CAPACITY 21.038% 22.571% 26.007% 26.770% 29.184% 30.684% PERCENT OF MARKET VALUE 0.00264% 0.01255% 0.01151% 0.01134% According to state requirements,the 1992 park bond referendum levies are shown as a percent of market value rather than tax capacity. Debt service requirements are based on 4/9/93 Springsted Inc schedule. s CHANGE IN CITY TAXES • THREE-YEAR BUDGET PROJECTIONS SCENARIO OPTIONS: RESIDENTIAL MARKET VALUE INFLATION FACTOR =4%for 1994;0% for 1995;2%for 1996 FIRE RELIEF FUNDING SCHEDULE = schedule proposed in 1993 begins in 1994,assuming 8%return USE OF FUND BALANCE= $607,000 in 1994; $303,000 in 1995; $0 in 1996 EQUIP CERTIF FINANCING =$600,000 in 1994; $0 in 1995& 1996 RESULTING TAX RATES: TAX CAPACITY RATE = 26.0070% 26.7700% 29.1840% 30.6840% MARKET VALUE RATE = 0.00264% 0.01255% 0.01151% 0.01134% PAY 93 PAY''94 PAY 95 PAY 96 EMV City Tax EMV City Tax EMV City Tax EMV City Tax $75,000 $205 $78,000 $235 $78,000 $254 $79,560 $276 $100,000 $336 $104,000 $377 $104,000 $409 $106,080 $442 $125,000 $466 $130,000 $520 $130,000 $564 $132,600 $608 $150,000 $597 $156,000 $662 $156,000 $718 $159,120 $774 $175,000 $728 $182,000 $805 $182,000 $873 $185,640 $939 $200,000 $858 $208,000 $947 $208,000 $1,028 $212,160 $1,105 EXAMPLE OF$ INCREASE PER YEAR: $125,000 $53 $44 $44 $ INCREASE PER YEAR WITH TAX RATE HELD CONSTANT AT 26.007% plus 1992 Park Bonds: $125,000 $39 ($1) $14 Financial Impact of Capital Improvement Program for the City of Eden Prairie, Minnesota April 12, 1993 f 1 Introduction and Purpose The City has established an objective of maintaining a constant property tax rate for the funding of capital improvements having community-wide benefit. This constant tax rate was established in 1990 and is now 4.763%, as adjusted for statutory changes in the property tax system. Beginning in 1990 and each year thereafter, the City has reviewed its capital improvement program, as well as the available resources. Since 1990 a number of major conditions have changed, the principal one being a$6,763,000 reduction in the City's property tax base. This 13% decline in property tax base has lead to an estimated $325,999 per year reduction in available revenues based on the 4.763%tax rate. Capital Improvements Exhibit I provides a schedule of the City's current and future major capital improvements. Foremost among those improvements is the City Hall acquisition and remodeling. Debt was incurred to finance the project, with repayment coming from three sources: rent payments from the School District and C.H. Robinson and property tax levies. The City expects to incur future debt over the next four years in the total amount of$8.8 million as follows: 1994 Fire Station $1,000,000 1995 Park Acquisition/Development 2,800,000 1996 Swimming Pool 4,000,000 1997 Fire Station 1,000,000 An estimate of total debt service for all existing issues and the 1994 Fire Station project is set forth in Exhibit II. Approach The approach is to estimate the future revenues generated by the established property tax rate and compare them with future actual and estimated total bond repayment. The difference between the cash inflows and outflows is the future estimated cash position. For a given property tax rate, the cash position is negative or positive. Our objective is to determine the level of projects which can be funded by the 4.763%tax rate. Page 1 • • • 1 The cash year projections are on a calendar year basis. Because of the timing of collection of property taxes and debt service payments, cash deficiencies may exist within the calendar year. We understand the City funds these deficiencies by temporary internal transfers. • Assumptions The City must have a solid understanding of the basic assumptions in order to accurately consider the conclusions. Principal assumptions are: 1. City's property tax base increases by 1% per year from 1992 through 2011. 2. City issues debt for its future capital projects in the years indicated above. 3. The City's beginning cash position is $400,000. 4. The City receives lease payments from the School District in 1993 through 2004, ranging from $400,000 to $600,000 per year. 5. The City receives rent payments from C.H. Robinson in 1993 through 1999. The net amounts, after fully funding its own related debt service, range from $71,700 to $127,800 per year. 6. The City continues to levy $550,000 per year from 1992 through 2010 for debt service to supplement special assessment income. Conclusions Exhibit III is a summary of the estimated revenues, expenditures and cash positions for the present through 2013. The projects included in this estimate include all current debt service and only the future Fire Station project scheduled for 1994. The analysis shows that: 1. Maintaining the 4.763% property tax rate yields a positive cumulative cash position over the term; and 2. If projects beginning in 1995 and thereafter were included, the cash position would become negative for a period of time beginning in 1995. Because of the variability of the assumptions, we recommend the City continue to monitor the cash flow estimates in anticipation of projects in 1995 and thereafter. Page 2 1 1 1 Eden Prairie, MN Financing Plan Capital Financing Plan • G.O. Bonds and Lease Revenue Bonds Computation of Tax Rate Conversion Year of Debt D/S D/S Issue Proposed Projects Issued $125,000 Tax Tax Homestead Rate Levy 1992 City Hall LRB— Exempt. 9,760,000 1990/91 Net Tax Capacity —Taxable 3,255,000 First $68,000 1.00% $680 ice Sheet No.2 LRB 2,640,000 Next $42,000 2.00% $840 Park Acq/Dev.G.O. 1,100,000 Over $110,000 3.00% $450 1993 Park Acq/Dev.G.O. 3,400,000 Total $1,970 3.725%: $73.38 Equipment Certificates 600,000 Park/Pub.Wrks ** 1991/92 Net Tax Capacity Pub Wrks Storage Fac. *** First $72,000 1.00% $720 City Hall LAB 1,415,000 Next $43,000 2.00% $860 Over $115,000 2.50% $250 1994 Fire Station 1,000,000 Total $1830 4,010%', $73.38 1995. Park Acq/Dev.G.O. 2,800,000 1996 Swimming Pools LRB 4,000,000 1992/93 Net Tax Capacity First $72,000 1.00% $720 1997 Fire Station G.O. L000,000 Over $72,000 2.00% $1,060 ........... ......... ...................... ** Funded From Cash Total $1,780 4,123%i $73.38 State Contribution 3,200,000 Current City Hall Lease 0.640% Net Tax Levy 4.763% ***Funded From Cash General/Utility Fund 650,000 Prepared by SPRINGSTED Incorporated 09—Apr-93 Fie E1239K1 (EDPRCY.WK1) Eden Prairie, MN Financing Plan Combined Debt Service Requirements G.O. Bonds and Lease Revenue Bonds New Bond Issues Present Debt Service Schedule A Schedule B Schedule C $1,415,000 $3,400,000 $1,000,000 Total D/S Special Existing Total D/S Year of Year of City Hall LRB Park G.O. Fire LRB Requirements Assessment Tax Supp. &S.A. Levy Payment Net P&I P&I P&I All Issues Supplement Debt Sery Supplement 1991 1992 550,000 1,369,310 1,919,310 1992 1993 0 0 0 0 550,000 1,606,703 2,156,703 1993 1994 43,960 233,288 0 277,248 550,000 1,402,294 1,952,294 1994 1995 79,168 186,630 56,247 322,045 550,000 1,792,353 2,342,353 1995 1996 79,168 186,630 48,212 314,010 550,000 1,841,143 2,391,143 1996 1997 137,818 186,630 48,212 372,660 550,000 1,325,824 1,875,824 1997 1998 139,940 333,255 87,402 560,597 550,000 1,273,367 1,823,367 1998 1999 136,820 331,199 85,762 553,781 550,000 1,302,307 1,852,307 1999 2000 138,442 328,598 89,088 556,128 550,000 1,352,382 1,902,382 2000 2001 134,819 325,553 87,333 547,705 550,000 1,373,182 1,923,182 2001 2002 135,956 326,922 90,384 553,262 550,000 1,395,187 1,945,187 2002 2003 136,731 327,513 88,259 552,503 550,000 631,162 1,181,162 2003 2004 137,151 322,480 86,034 545,665 550,000 936,891 1,486,891 2004 2005 132,348 321,850 88,631 542,829 550,000 1,246,520 1,796,520 2005 2006 132,338 320,470 86,087 538,895 550,000 1,241,651 1,791,651 2006 2007 131,995 318,375 88,383 538,753 550,000 1,257,855 1,807,855 2007 2008 131,315 315,605 85,488 532,408 550,000 1,240,241 1,790,241 2008 2009 135,145 317,006 87,360 539,511 550,000 1,036,373 1,586,373 2009 2010 133,450 317,422 88,882 539,754 550,000 1,036,078 1,586,078 2010 2011 131,400 312,052 90,074 533,526 550,000 1,042,126 1,592,126 2011 2012 133,900 310,886 86,061 530,847 550,000 1,049,028 1,599,028 2012 2013 308,775 86,856 395,631 550,000 1,046,972 1,596,972 2013 2014 87,338 87,338 550,000 0 550,000 2014 2015 0 0 0 0 2015 2016 0 0 0 0 2016 2017 0 Total 2,361,864 5,931,139 1,642,093 9,935,096 12,100,000 26,429,639 38,529,639 mm X Notes:The Ice Arena is expected to be self supporting.The Taxable portion of the City Hall Lease Purchase is also self supp. X Debt Service Levies do not include the 5%overlevy. a Prepared by SPRINGSTED Incorporated 09-Apr-93 File E1239K1 (EDPRCY.WK1) I City of Eden Prairie, Minnesota f Capital Financing Plan I - Including 1993 City Hall Remodeling Lease Purchase, Park&Fire Bonds . Maintain Tax Rate at 4.763% CALENDAR YEAR BASIS Projected Available Existing New Debt Equipment Excess Annual Cumulative Levy Coll Pmt. Tax Capacity Revenue Debt Service Certificates Rent Total Surplus Surplus Year Year Year Inflated(a) Capacity(b) Service(c) (G.O.&LRB) (Tax Levy) Tax LRB Outflow(d) (Deficit) (Deficit) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 1991 1992 1992 53,662,718 2,151,875 1,919,310 0 1,919,310 232,565 400,000 1992 1993 1993 46,899,703 2,233,833 2,156,703 0 140,000 (331,194) 1,965,509 268,324 668,324 1993 1994 1994 47,374,443 2,256,445 1,952,294 277,248 140,000 (142,227) 2,227,315 29,130 697,454 1994 1995 1995 49,488,386 2,357,132 2,342,353 322,045 140,800 (91,086) 2,713,312 (356,180) 341,273 1995 1996 1996 49,983,270 2,380,703 2,391,143 314,018 140,010 (127,632) 2,717,521 (336,818) 4,456 1996 1997 1997 50,483,103 2,404,510 1,875,824 372,668 140,818 (115,962) 2,272,522 131,988 136,444 1997 1998 1998 50,987,934 2,428,555 1,823,367 560,597 (137,874) 2,246,090 182,465 318,989 1998 1999 1999 51,497,813 2,452,841 1,852,307 553,781 (142,354) 2,263,734 189,107 508,016 1999 2000 2000 52,012,791 2,477,369 1,902,382 556,128 423,848 2,882,358 (484,989) 103,027 2000 2001 2001 52,532,919 2,502,143 1,923,182 547,795 2,470,887 31,256 134,283 2001 2002 2002 53,058,248 2,527,164 1,945,187 553,262 2,498,449 28,715 162,998 2002 2003 2003 53,588,830 2,552,436 1,181,162 552,503 1,733,665 818,771 981,769 2003 2004 2004 54,124,718 2,577,960 1,486,891 545,665 2,032,556 545,404 1,527,174 2004 2005 2005 54,665,965 2,603,740 1,796,520 542,829 2,339,349 264,391 1,791,565 2005 2006 2006 55,212,625 2,629,777 1,791,651 538,895 2,330,546 299,231 2,990,796 2006 2007 2007 55,764,751 2,656,075 1,807,855 538,753 2,346,608 309,467 2,480,263 2007 2008 2008 56,322,399 2,682,636 1,790,241 532,488 2,322,649 359,987 2,760,250 2008 2009 2009 56,885,623 2,709,462 1,586,373 539,511 2,125,884 583,578 3,343,828 2009 2010 2010 57,454,479 2,736,557 1,586,878 539,754 2,125,832 619,725 3,954,553 2010 2011 2011 58,029,024 2,763,922 1,592,126 533,526 2,125,652 638,279 4,592,823 2011 2012 2012 58,609,314 2,791,562 1,599,828 530,847 2,129,875 661,687 5,254,518 2012 2013 2013 59,195,407 2,819,477 1,596,972 395,631 1,992,603 826,874 6,081,3114 2013 2014 2014 59,787,361 550,000 550,000 87,338 637,338 (87,338) 5,994,046 Totals: 56,246,175 40,448,949 9,935,096 701,800 (664,481) 58,419,564 ................................ ................................. ................................ (a)Inflation Factor: 100096 ................................ ............................... ................................. ................................ (b)Consists of: Tax Rate- 4763%; (c)Current tax-supported debt levy plus an annual special assessment supplement of$550,000. (d)Represents existing debt payments plus new bonds and pay-as-you-go requirements. m x I Ea g Prepared bySPRINGSTED Incorporated 09-Apr-93 File E1239K1 (EDPRCY.WK1) . EXHIBIT IV City of Eden Prarie, Minnesota Prepared April 9, 1993 $3,400,000 G.O. Park Acquisition & Development By SPRINGSTED Incorporated Bonds, Series 1993 (Post Sale) Dated: 5- 1 -1993 Mature: 2- 1 First Interest: 2- 1 -1994 Total Year of Year of Principal Levy Mat. Principal Rates Interest & Interest (1 ) (2) (3) (4) (5) (6) 1993 1994 0 0.00% 233,288 233,288 1994 1995 0 0.00% 186,630 186,630 1995 1996 0 0.00% 186,630 186,630 1996 1997 0 0.00% 186,630 186,630 1997 1998 150,000 4.50% 183,255 333,255 1998 1999 155,000 4.75% 176,199 331 ,199 1999 2000 160,000 4.90% 168,598 328,598 2000 2001 165,000 5.00% 160,553 325,553 2001 2002 175,000 5.15% 151 ,922 326,922 2002 2003 185,000 5.30% 142,513 327,513 2003 2004 190,000 5.40% 132,480 322,480 2004 2005 200,000 5.50% 121 ,850 321 ,850 2005 2006 210,000 5.60% 110,470 320,470 2006 2007 220,000 5.65% 98,375 318,375 2007 2008 230,000 5.70% 85,605 315,605 2008 2009 245,000 5.75% 72,006 317,006 2009 2010 260,000 5.80% 57,422 317,422 2010 2011 270,000 5.80% 42,052 312,052 2011 2012 285,000 5.85% 25,886 310,886 2012 2013 300,000 5.85% 8,775 308,775 TOTALS: 3,400,000 2,531 ,139 5,931 ,139 Bond Years: 45,060.00 Annual Interest: 2,531 ,139 Avg. Maturity: 13.25 Plus Discount: 39,100 Avg. Annual Rate: 5.617% Net Interest: 2,570,239 T.I.C. Rate: 5.712% N.I.C. Rate: 5.704% Annual payments include the interest payment following the maturity date Interest rates are estimates; changes may cause significant alterations of this schedule. I 1 EXHIBIT V EDEN PRAIRIE HRA, MINNESOTA Prepared April 9, 1993 $1 ,415,000 CITY HALL REMODELING By SPRINGSTED Incorporated LEASE REVENUE BONDS, SERIES 1993 (Post Sale) Dated: 5- 1 -1993 Mature: 2- 1 First Interest: 2- 1 -1994 Total Capital- Net Year of Year of Principal ized Levy Levy Mat. Principal Rates , Interest & Interest Interest Required (1 ) (2) (3) (4) (5) (6) (7) (8) 1993 1994 0 0.00% 98,960 98,960 55,000 43,960 1994 1995 0 0.00% 79,168 79,168 0 79,168 1995 1996 0 0.00% 79,168 79,168 0 79,168 1996 1997 60,000 4.50% 77,818 137,818 0 137,818 1997 1998 65,000 4.70% 74,940 139,940 0 139,940 1998 1999 65,000 4.90% 71 ,820 136,820 0 136,820 1999 2000 70,000 5.10% 68,442 138,442 0 138,442 2000 2001 70,000 5.25% 64,819 134,819 0 134,819 2001 2002 75,000 5.40% 60,956 135,956 0 135,956 2002 2003 80,000 5.50% 56,731 136,731 0 136,731 2003 2004 85,000 5.60% 52,151 137,151 0 137,151 2004 2005 85,000 5.70% 47,348 132,348 0 132,348 2005 2006 90,000 5.75% 42,338 132,338 0 132,338 2006 2007 ' 95,000 5.80% 36,995 131 ,995 0 131 ,995 2007 2008 100,000 5.85% 31 ,315 131 ,315 0 131 ,315 2008 2009 110,000 5.90% 25,145 135,145 0 135,145 2009 2010 115,000 6.00% 18,450 133,450 0 133,450 2010 2011 120,000 6.00% 11 ,400 131 ,400 0 131 ,400 2011 2012 130,000 6.00% 3,900 133,900 0 133,900 TOTALS: 1 ,415,000 1 ,001 ,864 2,416,864 55,000 2,361 ,864 Bond Years: 17,426.25 Annual Interest: 1 ,001 ,864 Avg. Maturity: 12.32 Plus Discount: 24,763 Avg. Annual Rate: 5.749% Net Interest: 1 ,026,627 T.I.C. Rate: 5.921% N.I.C. Rate: 5.891% Annual payments include the interest payment following the maturity date Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. City of Eden Prairie, Minnesota Prepared March 3, 1993 $9,760,000 City Hall Lease Revenue Bonds, By SPRINGSTED Incorporated POST SALE COMBINED SCHEDULE Dated: 12- 1-1992 Mature: 2- 1 First Interest: 8- 1-1993 Total Capital- Net School Total Year of Year of Principal ized Levy Lease Net Annual Levy Mat. Principal Rates Interest & Interest Interest Required Revenue Requirement Surplus (1 ) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 1992 1994 125,000 3.75% 675,694 800,694 524,397 276,297 400,000 0 123,703 1993 1995 165,000 4.25% 574,478 739,478 0 739,478 400,000 339,478 0 1994 1996 170,000 4.50% 567,465 737,465 0 737,465 400,000 337,465 0 1995 1997 205,000 4.75% 559,815 764,815 0 764,815 425,000 339,815 0 1996 1998 240,000 5.00% 550,077 790,077 0 790,077 450,000 340,077 0 1997 1999 280,000 5.20% 538,077 818,077 0 818,077 475,000 343,077 0 1998 2000 320,000 5.40% 523,517 843,517 0 843,517 500,000 343,517 0 1999 2001 370,000 5.55% 506,237 876,237 0 876,237 525,000 351 ,237 0 2000 2002 415,000 5.70% 485,702 900,702 0 900,702 550,000 350,702 0 2001 2003 470,000 5.85% 462,047 932,047 0 932,047 575,000 357,047 0 2002 2004 530,000 6.00% 434,552 964,552 0 964,552 600,000 364,552 0 ° 2003 2005 545,000 6.05% 402,752 947,752 0 947,752 316,425 631 ,327 0 2004 2006 585,000 6.10% 369,779 954,779 0 954,779 0 954,779 0 2005 2007 625,000 6.15% 334,094 959,094 0 959,094 0 959,094 0 2006 2008 660,000 6.20% 295,656 , 955,656 0 955,656 0 955,656 0 2007 2009 705,000 6.25% 254,736 959,736 0 959,736 0 959,736 0 2008 2010 755,000 6.25% 210,673 965,673 0 965,673 0 965,673 0 2009 2011 810,000 6.30% 163,485 973,485 0 973,485 0 973,485 0 2010 2012 865,000 6.30% 112,455 977,455 0 977,455 0 977,455 0 2011 2013 920,000 6.30% 57,960 977,960 0 977,960 0 977,960 0 TOTALS: 9,760,000 8,079,251 17,839,251 524,397 17,314,854 5,616,425 11 ,822,132 Bond Years: 132,081 .67 Annual Interest: 8,079,251 Avg. Maturity: 13.53 Plus Discount: 165,920 X Avg. Annual Rate: 6.117% Net Interest: 8,245,171 = T.I.C. Rate: 6.277% N.I.C. Rate: 6.242% OD =1 Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. 1 / City of Eden Prairie, Minnesota Prepared April 9, 1993 $2,355,000 City Hall Lease Purchase By SPRINGSTED Incorporated , Taxable Portion - Term of Lease Dated: 12-30-1992 Mature: 2- 1 First Interest: 8- 1 -1993 Total Lease Reserve Year of Year of Principal Rental Earnings Total Annual Cumulative Revenue Mat. Principal Rates Interest & Interest Payments @ 5 Income Surplus Surplus (1 ) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 1992 1993 0 0.00% 101 ,705 101 ,705 432,899 0 432,899 331 ,194 331 ,194 1993 1994 170,000 5.25% 169,061 339,061 469,513 11 ,775 481 ,288 142,227 473,421 1994 1995 245,000 6.25% 156,942 401 ,942 481 ,253 11 ,775 493,028 91 ,086 564,507 1995 1996 ' 265,000 7.00% 140,011 405,011 520,868 11 ,775 532,643 127,632 692,139 1996 1997 310,000 7.30% 119,421 429,421 533,608 11 ,775 545,383 115,962 808,101 1997 1998 340,000 7.60% 95,186 435,186 561 ,285 11 ,775 573,060 137,874 945,975 1998 1999 380,000 7.90% 67,256 447,256 577,835 11 ,775 589,610 142,354 1 ,088,329 1999 2000 645,000 8.10% 26,123 671 ,123 0 247,275 247,275. 0 664,481 TOTALS: 2,355,000 875,705 3,230,705 3,577,261 317,925 3,895,186 Bond Years: 11 ,392.79 Annual Interest: 875,705 Avg. Maturity: 4.84 Plus Discount: 60,500 Avg. Annual Rate: 7.686% Net Interest: 936,205 T.I.C. Rate: 8.322% N.I.C. Rate: 8.218% Annual payments include the interest payment following the maturity date Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. m x I EXHIBIT VIII City of Eden Prairie, Minnesota Prepared April 9, 1993 1 ,000,000 General Obligation Fire Hall Bonds By SPRINGSTED Incorporated Bonds, Series 1994 Dated: 6- 1 -1994 Mature: 2- 1 First Interest: 2- 1 -1995 Total Year of Year of Principal Levy Mat. Principal Rates Interest & Interest _ (1) (2) (3) (4) (5) (6) 1994 1995 0 0.00% 56,247 56,247 1995 1996 0 0.00% 48,212 48,212 1996 1997 0 0.00% 48,212 48,212 1997 1998 40,000 4.05% 47,402 87,402 1998 1999 40,000 4.15% 45,762 85,762 1999 2000 45,000 3.75% 44,088 89,088 2000 2001 45,000 4.05% 42,333 87,333 2001 2002 50,000 4.15% 40,384 90,384 2002 2003 50,000 4.35% 38,259 88,259 2003 2004 50,000 4.55% 36,034 86,034 2004 2005 55,000 4.60% 33,631 88,631 2005 2006 55,000 4.65% 31 ,087 86,087 2006 2007 60,000 4.75% 28,383 88,383 2007 2008 60,000 4.90% 25,488 85,488 2008 2009 65,000 5.10% 22,360 87,360 2009 2010 70,000 5.20% 18,882 88,882 2010 2011 75,000 5.30% 15,074 90,074 - 2011 2012 75,000 5.40% 11 ,061 86,061 2012 2013 80,000 5.45% 6,856 86,856 2013 2014 85,000 5.50% 2,338 87,338 TOTALS: 1 ,000,000 , 642,093 1 ,642,093 Bond Years: 12,786.67 Annual Interest: 642,093 Avg. Maturity: 12.79 Plus Discount: 15,000 Avg. Annual Rate: 5.022% Net Interest: 657,093 T.I .C. Rate: 5.141% N.I.C. Rate: 5.139% Annual payments include the interest payment following the maturity date Interest rates are estimates; changes may cause significant alterations of this schedule. i. ' 4 MEMORANDUM TO: Carl Jullie, City Manager Craig Dawson, Assistant City Manager John Frane, Finance Director FROM: Sara Ruth, Senior Accountant DATE: 4/13/93 SUBJECT: Preliminary Year—End 1992 and 1st Quarter 1993 Budget Status 1992 Year—End Preliminary 1992 General Fund financial reports indicate an unreserved fund balance of $2,948,000 as of December 31, 1992. The 1992 Budget was originally adopted with a target fund balance of$2.2 million in mind. Favorable revenue variances (primarily due to Teman special assessments revenue and building permits revenue) and favorable expenditure variances have resulted in the increased level of unreserved fund balance available in the General Fund at year—end. Unreserved fund balance projections had been adjusted upward to $2.7 million during the year, according to budget variances and adjustments accounted for in periodic budget status reports to Council. A summary of preliminary year—end 1992 information follows. A complete year—end report on 1992 budget performance and variances is being prepared. 1992 1992 Originally Prelim/ Adopted Unaudited Budget Actual Variance Revenues $14,659,400 $15,055,896 $396,496 2.70% Expenditures $14,667,000 $14,214,297 Encumbrances $61,407 $222,900 Total Spending $14,728,407 $14,437,197 $291,210 1.98% Reservations $1,130,000 $1,130,000 Use of Fund Balance ($1,199,007) ($511,301) YE Unreserved Fund Balance $2,235,200 $2,948,000 1993 Budget Year The 1993 Budget as adopted required a$187,000 use of fund balance. Several adjustments have been necessary since the adoption of the 1993 budget last December. Revised estimates now indicate a $527,400 use of fund balance is required to balance the 1993 budget. The major adjustments responsible for this revised estimate are: * Adjust facilities division expenditures to include $75,000 for Jul—Oct lease & taxes at 7600 Exec Dr. * Adjust facilities division expenditures to include $391,700 for full year's operations & maintenance at CPT building. * Adjust street lighting expenditures to include $18,000 for NSP rate increase of 5.3%. * Postpone new staff hires approved for mid—year to January 1, 1994 ($81,400 savings). "IF Also, in anticipation of these adjustments and the need for available fund balance to draw down the 1994 levy, and in response to another$1.4 million in lease revenue bonds being issued, all but$200,000 of the $1,361,800 set aside for 'New City Hall' has been moved into the 'Unreserved' fund balance category. After these adjustments, fund balances projected for year—end 1993 are as follows: Reserved for New City Hall $200,000 Reserved for PW Storage Facility $325,000 Reserved for Severance Obligations $250,000 Reserved for Prepaid Expenses $48,500 Unreserved $3,582,400 $4,405,900 Considering a targeted unreserved fund balance of $2.67 million for 1996 (the amount expected to be necessary to meet cash flows during the first six months of that year), these estimates indicate that about $910,000 of fund balance is available for use in 1994 and future budgets.