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Home My WebLink AboutCity Council - 03/10/1992AGENDA EDEN PRAIRIE CITY COUNCIL • TUESDAY, MARCH 10, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive • • COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Banis, 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 Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION OF PROCLAMATION FOR GIRL SCOUT WEEK, MARCH 8-14, 1992 ACKNOWLEDGE PARKS & RECREATION DEPARTMENT WINNING 1992 PAR1NERSHIP :MINNESOTA COOPERATIVE PUBLIC SERVICE AWARD I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS n. MINUTES A. Joint City Council/Parks. Recreation & Natural Resources Commission Meetinl Held Tuesday •. TanuaO' 14. 1992 B. City Council/Park Bond Referendum COmmittee Diseussion . Meetinl Held Tuesday • .TanuaO' 28. 1992 C. City Council Meetinl Held Tuesday. FebruaO' 4. 1992 D. Special City Council Meetin& Held Tuesday. Februar:y 11. 1992 E. Special City Council Meetinl Held Thursday. FebmaO' 20, 1992 m. CONSENT CALENDAR A. B. Clerk's License List , Accept Donation of Bermel Property and Approye Payment of Taxes Pg. 345 . '·Pg. 346 Pg. 350 Pg. 359 Pg. 364 Pg. 380 Pg. 382 Pg. 384 Pg. 386 City CouneD Agenda March 10, 1992 Page Two C. Receive Feasibility Rmort for Braxton Drive Street and Utility Improyements. I.C. 52-189, and set Public Bearlna Date for March 10. 1992 <Resolution No. 92-32) D. Receive Feasibility Rmort for Creek KnoU Inmrovements. I.C. 52-194 and set Public Rewa· Dat~ for March 10, 1992 (Resolution No. 92-21) E. Release of Special Assessment Acreement -Alfred E. Pavelka F. Final Plat Apm:oyaI of Country Glen 2nd Addition OOCBted east of Duck Lake Road and south or W. 62nd Street) (Resolution No. 92-23) G. TACO BELL by Taco Bell Corporation. 2nd Reading of . Ordinance 7-92, Zoning District Amendment within the C-rteg-Ser Zoning District on 0.56 acres with variances to be reviewed by the Board of Appeals; Approval of Developer's Agreement for Taco Bell; Adoption of Resolution No. 92-44, Authorizing Summary of Ordinance 7-92, and .Ordering Publication of said Summary; and Adoption of Resolution No. 92-43, Site Plan Review. Location: Joiner Way, south of Goodyear Tire. (Ordinance No. 7-92, Zoning District Amendment, Resolution No. 92-43, Site PLan approval, . Resolution No. 92-44, Authorizing Summary and Publication) H. Final Plat Approval of YES Addition (Taco Ben Site) located . south of Prairie Center Drive (Resolution No. 92-37) I. Final Plat Approval of Fairfield of Eden Prairie 8th Addition. ·Iocated East of Braxton Drive and North· of Candlewood Pilrkway (Resolution No. 92-38) J. Approye ChanG Order No. 2 for Cedar RidG FIlates 2nd. I.C. 52-2~5 K. . Approve ChanG Order No. 3 for Bluffs West 9th Addition. Bluffs East 8th Addition. BluesteIn RidJe and Hawk Hlp RidG, I.C. 52-224, 52-223. 52-199 L. MWCC Permit Application for Windfield Addition (Resolution No. 92-42) M. APJ)ointment of Election .Iudaes for April 7. 1992 Presidential Primary (Resolution No. 92-10) Pg. 388 Pg. 389 Pg. 391 Pg. 393 • Pg. 402 Pg. 405 Pg. 407 Pg. 409 Pg. 411 . • -- • • City Council Agenda March 10, 1992 Page Three N. Resa' 5-IlrzDw the Expansion of the Federal Land and W*r 0 •• ii'i!!iliuu bnd Prosnnn (Resolution No. 92-20) O. Proclamation for Chronic Fatipe Syndrome AmreBess for the Month of March 1992 IV. PUBLIC HFAlUNGSlMEETINGS A. BRAXToN POND by Westar.Properties, Inc. . Request for Zoning District Change from Rural to Rl-13.5 on 3.6 acres; and Preliminary Plat of 3.6 acres into six· single-family lots and road right-of-way to be known as Braxton Pond. Location: South and west of the terminus of existing Braxton Drive. (Ordinance No. 2-92 -Zoning District Change; Resolution No. 92-19 - Preliminary Plat) Continued ftom February 4, 1992 . B. PRAIRIE GREEN OUTDOOR STQRAGEby Birchwood Labs. C. Request of Birchwood Labs for Zoning District Amendment within the 1-2 District on 3 acres, with variances to be reviewed by the Board of Appeals and Site Plan Review on 3 acres for construction of an outdoor storage facility to be known· as Prairie Green Outdoor Storage. Location: Southwest of Fuller Road, south of Birchwood Labs, east of Lincoln Drive. (Ordinance No. 6-92 - Zoning District Amendment in the 1-2 District) Continued from February 4, 1992 NORMARKCORPORATE HEADOUARTERS by Normark Corporation -clo Hoyt Properties. Request for Zoning District Change from Office to 1-2 on 3.77 acres with variances to be reviewed by the Board of Adjustments and Appeals, Site Plan Review on 3.77 acres for construction of a 48,000 square-foot offiCe/warehouse building to be known as Normark Corporation (Ordinance No. 4-92 -Zoning District Change) . V. PAYMENT OF CLAIMS VI. ORDINANCES AND RESOLUTIONS A. Approve Plans and Specifications for Rowland Road . Improvements. I.C. 52-067 (Resolution No. 92-40) vn. PETITIONS, REQUESTS AND COMMUNICATIONS A. Request of Weston Bay Nei&hborhood to Revise Miller Park Plan . Pog. 416 Pg. 429 Pg. 430 Pg. 435 P9. 445 Pg. 479 Pg. 490 Pg. SOIA City Councll Agenda Matcl1 10, 1992 Page Four B. C. Subdiyision of the N 1Q of Lot 4. BrOck 2. Eden Heilhts· (Resolution No. 92-41) Subdiyision of Lot 9, Block I, Eden HeirJrts (Resolution No. ~39) . VIll. REPORTS OF ADVISORY BOARDS. COMMISSIONS & CQMM1l'l'EES . __ ~ __ _ IX. AppoINTMENTS A. Ap,pointments to tbe Bluff Committee X. REPORTS OF OFFICERS A. Reports of CounciJmembers B. Report of City Manaler 1. Board of Review, Options 2. Structure for City Cbarter Study Committee 3. Review Hennepin County's Redistricting PropOsal 4. ExDansion of Ligyor Stores 5. Schedule for CounCiVStaff WorksbQps C. Report of Director of Parks. Recreation & Nafural Resource D. Report of Director of Planning E. Report of Director of Public Works F. Rmort of City Attorney XI. ODIER BUSINESS . XU. ADJOURNMENT CJJ:bu Pg. 502 • Pg. 504 Pg. 506 Pg. 510 Pg. 512 • Pg. 514 Pg. 517 Pg. 518 • • AGENDA JOINT CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMMISSION TUESDAY, MARCH 10, 1992 6:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson,. Jean Harris, H. Martin Jessen, and Patricia Pidcock FLYING CLOUD AIRPORT ADVISORY COMMISSION MEMBERS: Tim Ashenfelter, Kent Barker, An4rew Detroi, John P. Dow, Jay Olson, Gary Schmidt, and William Turkula COUNCIL AND City Manager Carl J.' Jullie, Assistant to the City COMMISSION STAFF: Manager Craig W. Dawson, Scott Kipp (Staff Liaison), and Recording Secretary Jan Nelson ROLLCALL • I. CALL MEETING TO ORDER ll. MAC UPDATE A. Runway Waiver Request of the FAA B. Noise Abatement Plan C. Utility Extension m. ADVISORY COM:MISSION DIRECTION • PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie appreciates the efforts of organizations which enhance the opportuni ties for youth as to become vital, responsible citizens; and WHEREAS, on March 12, 1992, Girl Scouts of the USA will celebrate 80 years of helping girls grow into confident and resourceful adults; and WHEREAS, Girl Scouts of the USA, 3 million members strong, is the largest non-profit organization for girls in the world; and WHEREAS, the Greater Minneapolis Girl Scout Council coordinates activities for more than 23,000 girls in an eight-county area; and WHEREAS, Girl Scouting reaches out to girls of diverse cultural heritage, including African-American, Asian, caucasian, Hispanic, and Native American; and WHEREAS, Girl Scouting provides an environment where girls can enjoy nature, learn to work together, and gain leadership skills; and WHEREAS, Girl Scouting helps girls gain the self-esteem to make the right choices in their personal lives and in their careers; and WHEREAS, Girl Scouting helps girls to become outstanding citizens of our community; NOW, THEREFORE, X, Douglas Tenpas, Mayor, and on behalf of the city Council, do hereby proclaim March 8-14, 1992 to be GXRL SCOUT WEEK in the City of Eden Prairie, Minnesota, and extend the community's congratulations to this fine organization as it marks another decade of service. proclaimed 1992 • Tenpas, M yor • • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH Carl Jullie, City Manager Robert A. Lambert, Director of Parks, Recreation and Natural Resources FROM: Stuart A. FOx~ager of Parks and Natural Resources DATE: February 12, 1992 SUBJECT: 1992 Partnership Minnesota Cooperative Public Service Award On February 4, 1992, I represented the City of Eden Prairie Parks, Recreation and Natural Resources Department at an award ceremony put on by Partnership Minnesota. The City was recognized as part of the team consisting of the Eden Prairie School District, the US Fish and Wildlife Service, and the Parks, Recreation and Natural Resources Department for a project to restore native prairie on the river bluffs. Since last June, representatives of the staff, School District, Eden Prairie High School students, Eden Prairie residents, and US Fish and Wildlife Service staff members have been meeting to determine the status of native prairie within the boundry of the City, and to strategize as to the restoration or reestablishment process to restore this threatened ecosystem. The committee will be continuing its work and making future recommendations to the City Council and Parks, Recreation and Natural Resources Commission. Partnership Minnesota is an organization which recognizes and encourages cooperative working relationships between federal, state and local governmental agencies that benefit the public with a greater quality of service. Attached is a short summary of the purpose, sponsors and activities that Partnership Minnesota is involved in. Submission for this particular award was made by Liz Jones, of the Minnesota Valley Wildlife Refuge, who has been working with Craig Johnson and myself in an advisory capacity to explore strategies for restoration of the Minnesota River bluff prairie area. A total of 72 partnership proposals were submitted for award consideration at the fourth annual conference, and we were fortunate enough to be one of the five award winners. During the award ceremony, we were able to outline the partnership that has been developed between the City, School District, and Fish and Wildlife Service in regards to this project, and also hear of other types of partnerships that are being developed statewide. SAF:mdd partner/stu PARTNERSHIP MINNESOTA PURPOSE: A New VISion for Federal. State & Local Government Cooperation P ARTNERSmP MINNESOTA exists to increase cooperative worlci.ng relationships between federal, state & local government agencies for the benefit of quality service to the public. Partnerships save time and money. They make better use of limited federal and state resources, improve service quality to governments' common customers -the taxpayers, and enhance government productivity through synergistic activity and interdiscip1inary problem solving. SPONSORS: PARTNERSmP MINNESOTA is coordinated and supported by a IS-member Board of Directors who are deeply committed to intergovernmental management of service delivery to the public. Board membership is represented by managers from federal. state & local government agencies in Minnesota. ACTIVITIES: P ARTNERSmP MINNESOTA annually conducts a one-day workshop for federal, state & local government employees in Minnesota. 'The workshop explores federal, state & local partnersbips as a strategy to improve service quality. • P ARTNERSHIP MINNESOTA sponsors federal, state & local cooperative projects focused on specific issues or problems of mutual concern. • PARTNERSHIP MINNESOTA serves as the networlc to broker and coordinate technology, skill and infonnation flow between federal, state & local government in Minnesota. • PARTNERSHIP MINNESOTA provides public recognition to outstanding examples of federal, state & local agency cooperation for the benefit of the public in Minnesota. • PARTNERSIllP MINNESOTA engages in multiple communication and development activities which stimulate intergovernmental cooperation. CONTACTS: PARTNERSHIP MINNESOTA Co-Chairs: Darryl Anderson MN Department of Transportation (612) 297·2136 Roger C. Olson Dept of Housing & Uroan Development 220 S. Second St. MpIs, MN 55401 (612j 370·3002 • • • PARTNERSHIP MINNESOTA A New Vision for Federal. State & Local Government Cooperation PRINCIPLES OF PARTNERSHIPS COMMON INTEREST. Although differing with respect to the breadth of the comtituencies served and the o. powers granted under the Constitution of the United States, federal, state & local governments share in the role of providers of products and services essential to the safety and economic well-being of the nation's citizens. Federal. state & local government partners must equally embrace the notion that a partnership serves their respective interests and, consequently, are both willing to share resources to achieve that end. COMMITMENT. Partnerships are most successful where there is a strong agency commitment to the process. Although dollar support may be one indication of commitment, it is a poor substitute for a dedicated leadership and motivated staff who recognize the benefits of governmental cooperation in serving the needs of the nation's citizens. COMMUNICATION. An essential cornerstone in building successful partnerships is represented in the skills of the federal, state & local government partners to initially establish the necessary level of trust and personal rapport that ultimately serves as a catalyst in boding the cooperative relatiomhip. Communication. as in leadership, is a "people skill" and may be best described as an ability to recognize the need for patience, persistence, sensitivity, honesty, generosity, and respect in dealings with another. CONTINUITY. The hallmark of a successful partnership lies in the actiom taken by an agency following a cooperative discussion and/or agreement. This principle is essential to an agency's image-building or credibility with its constituencies and is a corollary of an agency's commitment to the partnership ideal and individual skills in coordination. CONNECITVlTY. Partnership discussions and cooperative efforts are learning opportunities, the lessons from which may later be applied to other similar circumstances. In this fashion. the benefits of a successful partnership experienced in one state may be adapted for use in another, expanding the federal, state & local relationship to an interactive networlc of federal, state' & local governments. Partnership Minnesota Conference Participant list Jacqueline Albertson IRS (612) 290-3433 Dwightlahti Dept of Revenue (612) 297-2656 Charlie Anderson Dept of Revenue (612) 297-8011 Mary lange Dept of Revenue (612) 297-4213 Emil Anderson Dept of Revenue (612) 297-1942 Dean larson MN DOT (612) 297-7503 Darryl Anderson MN DOT (612) 297-2136 Roger Ledding MN DOT Norm Ashfeld MNDOT (612) 779-1243 Jerry Mannie Dept of Revenue (612)29. Stephen Bahler Fed Hghwy Admin Diane Marozas US Bureau/Mines (612) 72 Pam Bassett Dept of Revenue (612) 296-1919 Randy Mastenbrook IRS (612) 29 Allan Baumgarten Citizens League Robert McDivitt Veterans Admin (612) 725-2103 Duane Bengtson Dept of Revenue (612) 297-3990 John Mclagan Dept of Correct (612) 642-0337 Josh Bixby Eden Prairie HS John Melbo USDA Farm Home Admin (612) 290-3842 Michael Bongo Grand Met John Melssen Soc Sec Admin John Bowers Fed Hghwy Admin (612) 290-3256 Chuck Meyer MNDNR (218) 327-4571 Carolyn Braun Humphrey Institute (612) 625-3509 John Miller Dept of Revenue (612) 255-3202 Dorothy Brown IRS (612) 290-3433 VICtoria Miller Dkta Citizens Forum (612) 374-5995 Jim Bullard Dept of Revenue (507) 389-6113 Tom Monn James Madison Tom Bushinski George Washington Gayle Monson Dept of Revenue (612) 296-7055 James Cheatham Fed Hghwy Admin Tom Mullon Veterans Admin William Collins, Jr. Public Safety (612) 296-1057 Lee Munnich St & Loc Policy Pgm (612) 625-7357 VICtoria Colombo Dept of Revenue (612) 296-3445 Deborah Nankivell Common Cause (612) 644-1844 Pam Connoy MNDOT Barb Nesvold Dept of Revenue (612) 297-4166 Edwin Cohoon MNDOT (612) 296-7942 Loretta Nunn Dept of Revenue (612) 296-3522 Edward Crozier US Fish & Wildlife Serv James O'Hara SCORE Christina Cruz Eden Prairie HS Roger Olson Dept of HousingtUrban Dev (612) 370-3002 Allen Cyr IRS (612) 290-3433 John Pahlman US Bureau/Mines (612) 725-4629 Helen Dahlberg Dkta Cty Jobs & Trng (612) 450-2748 Georgie Peterson MNDOT (612) 296-1628 Tom Delsing Dept of Revenue (612) 296-6536 Steve Peterson Public Safety (612) 643-3006 Denis Doege Dept of Correct (612) 642-0337 Greg Potvin Dept of Correct (612) 642-0337 David Doth Dept of Rnance (612) 296-5904 Mark Primoli IRS (612) 290-3433 Dennis Drury Dept of Correct (612) 642-0337 Luther Prince labor & Industry (612) 297-2826 Patricia Dunlop MNDOT (612) 296-6553 Richard Prybilla Dept of Revenue (612) 296-6536 Edward Eccleston Dept of Revenue (612) 296-1976 John Radmer Dept of Correct (612) 642-0337 Janet Ekern MNDOT (612) 297-7509 Joy Rikala Mn Bur Crim App (612) 642-0662 Marit Enerson St & Loc Policy pgm (612) 625-8575 Gary Ruud MN DOT Marvin Erickson MCF Oak Park Hgts (612) 779-1450 Lynn Ryan Dept of Revenue (612)~ Mark Rtek Soc Sec Admin (612) 290-3506 Joe Saenger Dept of Revenue (612) 2 3 larry P. Fonnest MNDNR (612) 296-5042 Don Sahlin Dept of Revenue (612) 297-3549 Stewart Fox City of Eden Prairie Eart Savage Fed Exec Board (612) 725-3687 Dr. Apostolos Georgopolis U of M School of Med Marueen Schwintek Dept of Revenue (612) 296-1637 Dennis Gohl Dept of Revenue (218) 828-2497 Melissa Shapiro Eden Prairie HS Bonnie Grussing Jobs and Training (612) 728-2610 Susan Shelby Dept of Revenue (612) 297-2656 David Gustafson . Arrowhead Reg Corrections Bruce Showel Dept of Revenue (612) 296-0545 Mike Haley Housing Rnance (612) 296-8837 'Ronald Shriver Fed Hghwy Admin William Herb US Geolog Survey (612) 229-2600 Pam Skaar Eden Prairie HS Carolyn Kersten Dept of Correct (612) 642-0337 Ivah Solberg Dept of Revenue (612) 297-2801 UzHile Eden Prairie HS Steve Sovia IRS (612) 290-3433 UsaHinz Humphrey Institute (612) 625-3509 Kimberty Stuart Humphrey Institute (612) 625-3509 Tom Hogan Dept of Revenue (612) 296-3390 Dudley Switzer IRS (612) 290-3433 Raymond Hoheisel Ind School Dist 911 Jeff Symes Dept of Revenue (612) 297-1974 Andrew Hoist Eden Prairie HS Harold Taggatz US Army Corps/Engineers (612) 220-0311 Patrick Hughes MNDOT (612) 296-3156 Clyde Thurston Dept of Revenue (612) 297-1548 Bob Hunter Dept of Correct (612) 642-0337 Elwyn Tinklenberg Anoka County (612) 421-4760 Leonard Inskip Star Tribune Lynn Tracey Dept of Correct (612) 642-0337 Mark Iverson USDNAMS (612) 296-0593 Mary Lou Trebiani Dept of Revenue (612) 296-0557 Bob James Dept of Revenue (612) 297-8011 Ruth Vegdahl Dept of Revenue (612) 296-3330 John James Armajani, Hutchinson&James Gary Waller SI. Louis County Barry Janssen IRS (612) 290-3433 John Walsh Ramsey County (612) 292-6357 Kathy Johnson Cambridge Reg Hum Serv Ctr Nancy Wangen Comm Call Syst (612) 296-3321 Craig Johnson Eden Prairie HS Karen Weidner Veterans Admin (612) 725-2103 Elizabeth Jones US Fish & Wildlife Serv (612) 854-5900 Mary Wettstein IRS (612) 290-3433 Terrence Kayser Metro Council (612) 291-6356 Cathy Wicks Dept of Revenue (612) 296-3330 Anne Kelly Administration (612) 297-1090 larry Wilkie Dept of Revenue (612)2.8 Merlyn Kent IRS (612) 290-3433 Jean Williamson Costumer Gil Kinnunen Dept of Revenue (612) 297-1532 LeRoy Winge Dept of Correct (612) 642-0337 Wayne Knott US Army Corps/Engineers Woody Woodruff MN DOT (612) 779-1243 Joan Lahti Dept of Correct (612) 642-0337 John Zangs Dept of Revenue (612) 296-3475 ~~9 • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL PARKS, RECREATION & NATURAL RESOURCES COMMISSION TUESDAY, January 14, 1992 COUNCILMEMBERS: COMMISSION MEMBERS: STAFF: ROLL CALL 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock Pat Richard, Chair; Bruce Bowman, Paul Karpinko, Joanne Kube-Harderwijk, David Kuechenmeister, Diane Popovich Lynch, Del Vanderploeg City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Director of Parks, Recreation & Natural Resources Robert Lambert, and Recording Secretary Jan Nelson • All members were present. • I. APPROVAL OF AGENDA MOTION: Harris moved, seconded by Pidcock, to approve the Agenda as published. Motion carried 5-0. I I. REVIEW OF RECOMMENDATION FROM THE PARK AND RECREATION FACILITY NEEDS ASSESSMENT COMMITTEE A. Reyiew and Approye priorities of projects and Funding Sources Director of Parks, Recreation & Natural Resources Lambert reviewed the Draft Preliminary Priorities prepared by the Needs Assessment Committee. He displayed the plan for Miller Park and noted that, after a review with the various athletic commissions, the plan was revised with the goal of alleviating some use of the neighborhood parks by the year 2000. He said that Pioneer Park is planned near the old City Hall to serve as a neighborhood park as well as an outdoor facility for senior citizens. Lambert said the improvements proposed for the Senior Center would involve changes to the upstairs of the building and access to the building for the handicapped. He said the Committee recommends that a Bike Trail b~ built along County Road 1 between Homeward Hills Road and Spoon Ridge. City Council Meeting 2 January 14, 1992 Lambert noted that the changes proposed for 1995 and 1996 are tentative items and that priorities for these items would be determined through a city-wide survey. He also reviewed the items proposed to be funded by Cash Park fees, General Fund projects, projects to be funded by grants and donations, Tax Increment Financing Projects and possible Revenue Bond projects. Lambert said they are negotiating with the u.s. Marine Corps Reserve to have them take on the grading of Riley Lake Park Development 1st Phase as a project for next year. • Lambert said he would like the Council to approve the list as the priority list that Staff would work from for the rest of 1992. He noted that each specific project would be brought in for review before final approval. Jessen asked why the County Road 1 Bike Trail was on both the Referendum list and the General Fund list. Lambert said the Committee was split between listing the Community Center Locker Room expansion as a referendum item and the County Road 1 Bike Trail. He said it was listed this way so that the items would appear as options. Tenpas asked what the estimate is for the locker room expansion. Lambert replied that the expansion will involve. more than just the locker rooms, and is estimated to be about $240,000. Harris asked if there are other access issues at the Senior Center other than an elevator or a lift. Lambert said there have been some minor changes in the exterior, including an area where a van 60uld get closer to the building and adding awnings out to the curb on both floors. Tenpas asked why they listed $60,000 for the Senior Center improvements when an elevator could cost $75,000. Lambert said that the projections in this document are still just estimates. Anderson asked where a batting cage could go in the Miller Park facility because a private venture had contacted him regarding such a facility. Lambert pointed out the proposed locations and said that they are suggesting that it be a City-run facility. Harris asked why we would have the Marines grade Riley Lake Park. Lambert said the local unit is an engineering corps, and they look for public service projects to provide experience for their personnel. Harris asked what the chances of success are for funding Of~ the Grant projects. Lambert said there may be some left for the Riley Lake Park acquisition, the Purgatory Creek and • • • City Council Meeting 3 Smetana Lake Park projects are very likely, Minnesota River Valley was not very likely. our costs for all the projects may be three amounts listed and the grants would provide even if we receive them. January 14, 1992 and the He noted that times the 1 imited funds Anderson asked if we have ever gotten any funds from the Nine-Mile Creek Watershed District. Lambert said he couldn't think of any; however, they are very interested in funding the Smetana Lake Park project. Jessen said he considered the County Road 1 Bike Trail and the Senior Center Improvements to be safety improvements and therefore should be done quickly and not be put on a referendum. Lambert noted that the Committee was looking at items that would be attractive to voters. Tenpas said he would agree with Jessen about the Senior Center and that the upgrade to the Community Center facilities was also appropriate as a General Fund item or some type of funding other than a referendum. He said he thought we should identify our long-term needs, perhaps at a workshop session. He said he it was important that Eden Prairie offer our children the same opportunities as there are in other communities. Richards said he thought putting the Locker Room or any expansion of the Community Center on the referendum is asking for trouble. Tenpas asked if there is anything we could do in the near term to improve the Community Center shower situation. Lambert said there is no room in the shower area to add anything. Jessen asked why Riley Lake Park acquisition is ranked so low in the Cash Park Fees projects. Lambert replied that those are the remaining 3 or 4 small parcels that still have homes on them and are not currently for sale. Jessen said he thought those acquisitions are important because it finishes the job on that facility. Anderson said he thought this is a great time for us to try to finish up Riley Lake Park. Lambert said he would hesitate to put any parcel on the referendum that we might end up having to condemn. Anderson asked how he would do it then. Lambert said he would designate the use of Park Fees and then go out and negotiate. Pidcock asked if it might not be a good idea to keep the Senior Center improvements on the referendum in order to appeal to the older voters. Lambert said they had 3D-some Seniors working on the plan, and they are very excited about the improvements and the proposed park. City Council Meeting 4 January 14, 1992 Jessen said he didn't think the Senior Center were a referendum keep Pioneer Park on. • internal improvements of the item, but he would agree to Harris said she also believed that the Senior Center improvements should not be dependent on a referendum. Tenpas said he thought the Bike Trail on County Road 1 was a safety issue and that there is an alternate route anyway. Harris said if this is something that the public wants, perhaps it should be included on the referendum. Anderson asked how much is left to do on the trail from Riley Lake to County Road 18. Lambert said they are waiting on the extension to County Road 18 until that road is upgraded. He said there is a difficult section by the pond area. Anderson said he was concerned about trails that are partially put in but are not finished. 1992 to finish the to allocate larger these projects. He down and talk about Tenpas said we made a big commitment for County Road 4 trail and that we may have portions of the budget to finish some of said he thought we need a meeting to sit our priorities in this area. Anderson said that if we do not include the trails in the • referendum, then we need to make an official policy that the trails will be completed through the General Fund budget. Tenpas said he agreed and that we need to prioritize them. Jullie said there will be certain levy limits that must be considered. Anderson asked what our land needs are for parks up to the year 2000. Lambert said we need to acquire the Smetana Lake Park area, the three neighborhood parks in the southwest area, Bluff Park and the Purgatory Creek Recreation Area. He said land for the Minnesota River valley project is also being acquired by ensuring that we get a 150-foot strip of land along the river as development occurs in that area. Anderson asked if we are in danger of losing the opportunity to acquire the land because we do not have the funds available. Lambert said it is difficult to decide whether to buy land or to spend funds to develop parks. Anderson said he thought we have to try to do both. Jessen said he calculated the total acquisitions were $1.3 million with one-half out of the Cash Park fees. He asked what the current balance is in the Cash Park fees. Lambert said it is $350,000 without the Boyce property deficit. • Jessen said he thought it might be prudent to put $500,000 for park acquisition and development on ~he referendum. He said the objective would be that at the end of the • • • City Council Meeting 5 January 14, 1992 referendum we would have completed the acquisition of land that would require cash. Anderson said he agreed and that he disliked the piecemeal way we have been doing park development. Harris asked how the Committee had arrived at their priorities. Lambert said the subcommittees had put in some for land acquisition and that they were interested in acquisition; however, the immediate need for recreation facilities was very pressing. Lynch said she thought it was important to assess how marketable the items are on a referendum. Tenpas said he thought that we know we will have the money available to develop the parks as we go; however, having the money available for acquisition is critical. Anderson said the pressures will increase in the southwest area of the City as it is developed, so it is important to buy the land before the development occurs. Jullie said they are recommending that we do a Fast Track survey over the next seven days which survey could include a question regarding the acquisition of land over immediate park development to help make this decision. Harris said she thought the results of the previous referendums show that people want a balance between acquisition and development. Tenpas said he thought the problem with the last referendum may have been the inclusion of the golf course. Vanderploeg said the Miller Park project is very badly needed, as are the Senior Center improvements. He said we are getting very close to limiting enrollment in some sports because we are getting pinched for facilities. Jessen said he thought there are three kinds of projects on the list: safety code compliance and facility upgrades; park development for current and emerging needs like Miller Park; and land acquisition. He said the referendum proposed takes only the first two kinds of projects. He said he thought the first type of project involving safety code compliance must be done immediately and should not depend on a referendum. He said he thought the second kind involving current development needs will bring out the votes for the referendum. Harris said she thought it would be all right at this time to consider safety-type projects as budget items, but she would not want to make a hard and fast rule to that effect. Pidcock said she thought it was very important to not include any individual items that people would specifically vote aga i nst. , City Council Meeting 6 January 14, 1992 Jessen asked if we could add acquisition and/or development ~ of Riley Lake Park as an item on the referendum. Lambert said he thought this would be an item that would be attractive to most voters. He said we have 35 acres of land there, and we now have to develop it and provide facilities so that everybody can enjoy and make use of it. Jessen said that would also free up Cash Park fees for other acquisition items. Jessen said $500,000 for Riley Lake Park and deletion of the County Road 1 and Senior Center Improvements would mean a $4.5 million referendum. He said we could then bill the referendum objective as providing facilities for people by 1994. Tenpas said he felt we absolutely must have Miller Park and Pioneer Park, and he would not want the inclusion of Riley Lake Park to cause the referendum to fail. He said he thought it is important to be as frugal as possible. Lambert said he would suggest that a final decision not be made until after the Fast Track survey is completed. Anderson said he was concerned that our lake facilities are very limited and that Riley Lake Park would add a lot to our family-oriented facilities. Tenpas said he thought we should be doing anything we can t. lobby for the Marine Corps to do the Riley Lake grading project. Anderson asked who would word the questions on the survey. Jullie said Mr. Morris will put it together and we can review it. Lambert said it will be a 250-phone call random survey and will consist of 15 questions. He said it should tell us which items are supported, by how much and where the support comes from. B. Reyiew Neighborhood Park options to Serve Southwest Eden Prairie Lambert referred to the memo of November 15, 1991, from Barb Cross which discussed the neighborhood park study for southwest Eden Prairie. He reviewed the site surveys for five locations in the southwest and noted that sites 1 and 5 appear to be the best. He said Staff is recommending that the Council designate priority sites and authorize discussions with the property owners in order to bring back a price. MOTION: Anderson moved, seconded by Pidcock, to designate sites 1 and 5 as the priority sites, to authorize staff to contact the property owners in order to return to the ~ Council with a price for the property, and to designate the ~ use of Cash Park fees for the purchase when it is concluded. Motion carried 5-0. • • • City Council Meeting 7 January 14, 1992 Lambert said the last part of Barb's proposal shows Rice Marsh Lake Park with relatively little acquisition by the City. He said we have to acquire 12-14 acres to develop the site, and staff would like authorization to talk with the property owners. MOTION: Pidcock moved, seconded by Jessen, to authorize staff to discuss the purchase of the Rice Marsh Lake property with the property owners. Motion carried 5-0. C. 1992 Park Bond Referendum 1. Timing Lambert said the Committee recommended an early spring referendum--as early as possible. He said if a decision was reached at the January 21st Council meeting, March 14th would be the earliest because of the required 45 days notice. Pidcock asked the price per household for the proposed referendum. Lambert said on a $4.5 million referendum it would be $23.94 for a $150,000 house. A discussion followed regarding the best time and facility in which to hold the referendum. MOTION: Pidcock moved, seconded by Harris, to set the referendum for March 14th. Jessen said he thought we should wait for the results of the survey. Pidcock withdrew the motion with the consent of Harris. 2. Leadership Roles Lambert said it was important that this not just be the City staff's referendum and that the Council and Commission must be committed to working for the referendum. Harris said she was willing to work for the referendum; however, she thought a strategy was essential. Lambert said two citizens led the successful 1979 referendum, and that may be the kind of effort we need to pass this one. He said he thought we should have a strategy meeting within seven days after the decision to hold a referendum. Pidcock said she thought it was important to approach all the organized athletic groups. City Council Meeting 8 January 14, 1992 • Harris said she thought certain sections of the City are key, and she thought it was important to determine those areas which should receive particular attention. Tenpas said he thought we should divide the City by precinct and have captains in each precinct. He said that we should have a kickoff at the elementary schools and then go back to the neighborhoods. I I I. DISCUSS TIMING FOR SECOND ICE RINK APPITION Lambert said he would like to continue this to a later meeting. He said they will get some preliminary cost figures tomorrow night at the design review committee. He said he did need some direction from the Council regarding the buyout of the North star locker room facility. Lambert reviewed the deal made with the North stars five years ago. He said the North stars do not want the space anymore and want us to buyout the lease; however, the School District would like to have that space for use as lockerrooms for the ice rink and the outdoor fields next to the Community Center. He said he needs to negotiate on the buyback from the North stars and to determine what kind of deal the School District could have. Anderson asked if the School District would use it year round. Lambert said they would like to build some heavy-duty lockers in there, but it would be open for other use. Anderson asked if we would be leasing it to the School District. Lambert said we would and that the School District would pay for the buyout of the North Stars, the renovation costs and the maintenance of the facility. • Tenpas said he would vote to buy it from the North Stars and sell it to the School District with the agreement that we would be able to use the facility and that we would have 400 square feet for storage. Anderson said he would agree as long as it is can be used by the community. IV. DISCUSS TIMING OF RESIDENTIAL QUALITY OF LIFE SURvEY Jullie said the Fast Track survey would address the immediate needs; however, we had planned to do an update of the overall community survey that was done a couple of years ago. Lambert said it would ask questions about planning, engineering and police needs as well as park and recreation needs. • Jessen asked what the cost would be. included in the budget. Dawson ~aid there is $7,000 • • • City Council Meeting 9 January 14, 1992 MOTION: pidcock moved, seconded by Anderson, to conduct the community "Quality of Life" survey in late spring or early summer. Motion carried 5-0. Jessen asked what we would be getting out of it. The consensus was that the first survey provided a lot of information that could be used for planning purposes and that we have referred to it on many occasions. V. ADJOURNMENT MOTION: Pidcock moved, seconded by Harris, to adjourn the meeting at 10:15 PM. Motion carried 5-0 . • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL PARK BOND REFERENDUM PLANNING DISCUSSION TUESDAY, January 28, 1992 7:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock COMMISSION MEMBERS: Pat Richard, Chair; Bruce Bowman, Paul Karpinko, Joanne Kube-Harderwijk, David Kuechenmeister, Diane Popovich Lynch, Del Vanderploeg STAFF: city Manager Carl J. Jullie, Director of Parks, Recreation & Natural Resources Robert Lambert, Landscape Architest Barbara Penning Cross, Manager of Parks and Natural Resources Stuart Fox, Manager of Recreation Services Laurie Helling, and Recording Secretary Jan Nelson ROLL CALL All members were present. Pidcock and Harris arrived late. I. APPROVAL OF AGENpA City Manager Jullie added Item I I I. 1. Reyjew and Authorization for Issue of a Letter of Intent to Purchase the CPT Building MOTION: Jessen moved, seconded by Anderson, to approve the Agenda as published. Motion carried 3-0. I I. DISCUSSION ITEMS A. Date of Referendum Lambert reviewed the facilities to be included in the Referendum, including Riley Lake Park, Pioneer Park and Miller Park. Lambert noted that the road connection with Timber Lakes Drive in the Miller Park project needs to be discussed. He said the City had made an agreement with Rottlund Homes to put the road on park property if the developer paid for the road. He said at this point the City does not need to have the road constructed; however, we would like to reserve the City Council Meeting 2 January 28, 1992 B. right to put in that road along the northern edge of the 4It park property at some future time. Anderson asked how many accesses there will be to the lake after Miller Park is completed. Lambert said there would be access from three different areas. MOTION: Jessen moved, seconded by Anderson, to not build the road connection with Timber Lakes Drive at this time, but to reserve space for a future road if one is needed at a later date. Motion carried 3-0. Jullie reported that the state Department of Administration has said that Eden Prairie is now a city of the 2nd class and must have voting by precinct. He said this causes us a problem on the Saturday date previously discussed because of the availability of the polling places on Saturday. He said staff is suggesting Tuesday, March 17, as the date with the voting taking place at the regular precinct polling places. Discussion followed regarding the effect of having the voting on st. Patrick's Day. Jullie said he would check on the effects on local businesses that sell liquor of having the referendum on that day. Polling places 4It Anderson noted that the schools would be available on Saturday. A discussion followed regarding the advantages of having the voting occur on a Saturday versus having the regular polling places on a Tuesday. MOTION: Anderson moved, seconded by Jessen, to set Tuesday, March 17, as the date for the referendum at the regular precinct polling places, unless there is a problem with the liquor sales. Motion carried 3-0. C. Describe Committee Responsibilities Committee Chair Richard encouraged everyone at the meeting to sign up for committees. He then reviewed the role of each of the subcommittees. D. Committees 1. public Informatjon Committee Richard said this committee will consist of eight or nine members and will be chaired by John Wilson. He said they will publish a brochure explaining the need for the referendum and encouraging people to vote "Yes." 4It • • • city Council Meeting 3 January 28, 1992 E. 2 . "Yes vote" Committee -Bob Hallett, Chair Richard said this committee wi 1 1 identify the "Yes" voters by means of a telephone survey and will then call those voters before the referendum to encourage them to vote. 3. Athletjc Association Involvement -Del vanderploeg, Chair Richard said this committee will act as a liaison with the athletic associations and will try to find out where the "Yes" voters are in the associations. He said they plan to ask each association to provide some money for printing and mailing costs. 4. Speakers Committee -Pat Richard, Chair 5 . Richard said they would like the Councilmembers to serve on this committee along with Park Commission members. He said they will probably hold meetings to publicize and promote the referendum in each quadrant of the City in the elementary schools. He said some neighborhoods might want to hold additional meetings. Finance Committee Richard said Diane Popovich Lynch will chair this committee. 6. Neighborhood Information Committee Richard said they just added this committee and are looking for a chairperson. He said the committee will organize a door-to-door campaign. Pidcock arrived at 7:35 PM. Richard then introduced Dick Feerick who has volunteered his support. Feerick said he thought it was very important to have an Operations Committee to steer the effort and help focus the efforts on getting out the "Yes" vote. He said he thought the referendum is not excessive and that it accomplishes what has to be done. Informjng the Communit v -Cjty Funded Information Activities Lambert said they are requesting the Council's approval of funding for informational flyers. He said they plan to publish a public information flyer on the referendum which will be sent out by February 12th. In addition, he said they will put together a public information tape to be used at the Public Information meetings that will present the City Council Meeting 4 January 28, 1992 • basic facts about the referendum. There will also be a Happenings Newsletter published the first week of March which will have one page dedicated to information on the referendum including the location of the polling places. He said they estimate the cost for the three items to be about $3,000. Anderson said he thought it is very important to explain why we are going for a referendum right now and the fact that there are no frills in the referendum because residents will ask those things first. Harris arrived at 7:50 PM. The consensus was that a question and answer format would be an effective means of presenting the information and focusing the reader's attention. MOTION: Jessen moved, seconded by Anderson, to authorize funding of the informational items up to $3,000. Motion carried 5-0. F. Convincing voters (Committee Funded Activities) Richard then reviewed the committee-funded activities planned. He said there will be a brochure sent out by • February 24th to promote the referendum, quadrant information meetings at the elementary schools, information meetings at other community organizations, a telephone survey in March to determine the "Yes" voters, a telephone reminder campaign to remind the "Yes" voters to vote, a telephone campaign by the athletic associations to urge their members to ~ote, and information tables at the registrations for the athletic associations. Harris asked if we are going to use the athletic associations for the walk-around. Richard said we will, and that the Presidents of each association have been informed that we can't pass this referendum without their help. Anderson said there are a lot of people who use the parks that are not involved in the athletic associations and it is important to show those people that they will get something in this referendum. Feerick said the absentee ballot program is important because there are many graduates who may be very supportive of a referendum. He suggested that we request contributions from the various community organizations in order to encourage their support. He said it is important to have a central office and location to monitor the details of the • campaign. • • • City Council Meeting 5 January 28, 1992 steve Hahn, President of the Baseball Association, read a letter that will be sent to 2500 residents involved in that association. John Wilson asked what the earliest date will be that the facilities would be available for use. Lambert said that nothing will be available until 1994. Wayne Gilbertson asked if the issue of a tax increase will be covered. Tenpas said that would be covered in the informational meetings. Wilson said he thought it was important to stress that the interest rate will be less than 6% for these projects at this time. Jerry Hoppe said we need to disseminate the details about how many parks we have and how many we need. pidcock said she would like a calendar as soon as possible in order to know the dates for the various meetings and events. She noted that it will be important to address head on all the reservations that people will have. Tenpas noted that an excellent team has been put together with a definite purpose and a definite need. He said the Council will be behind the efforts '10%. Feerick said it was important to schedule a workshop meeting very soon to start up. Lambert said he would like to meet with the committee chairs at the end of this meeting. I I I. OTHER BUSINESS 1. Reyiew and Authorization for Issue of a Letter of Intent to Purchase the CPT Bujldjng Jullie said the details have been worked out and a draft letter was received this afternoon regarding the purchase of the CPT building. He reviewed the draft and noted that the purchase price is $5,950,000. He said this is a non-binding letter of intent that shows our intention to pursue in good faith the purchase of this building. He said he needed authorization to sign the letter of intent on behalf of the City and to proceed with the preparation of a purchase agreement. MOTION: Pidcock moved, seconded by Anderson, to authorize city Manager Jullie to sign the letter of intent and to proceed with the preparation of a purchase agreement. pidcock said she would like to congratulate Jul1ie and the committee on reaching this point. • • • TIME: LOCATION: COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES Tuesday, February 4, 1992 City Hall Council Chambers 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick All Councilmembers present. PRESENTATION BY RANDY JOHNSON, HENNEPIN COUNTY COMMISSIONER Hennepin County Commissioner Randy Johnson spoke on three items: (1) Road projects common to the County and City and (2) Use of the Glen Lake/County Home School property, and (3) Hennepin County's legislative program. He said two parts of the Townline Road project affected the City at the present time: First, the eastern section between Baker Road and Eden Prairie Road, and second, the western section between Eden Prairie Road and Highway #101. He said the Council of the City of Minnetonka had approved a construction cooperative agreement for the eastern section and the County expected to be able to proceed according to the most recently revised schedule. He said the estimated total cost for this section was approximately $8 million with an additional $900,000 for right-of-way acquisition. He said approximately $7.9 million would be the cost to Hennepin County, with the remainder being shared by the City of Eden Prairie and the City of Minnetonka. In regard to the western section, he said both cities had approved preliminary plans and the Environmental Assessment Work Sheet had been completed the beginning of December 1991. He said the final plans and the cooperative agreement would be presented to both cities later in 1992. Construction on the western section was expected to begin in spring 1993. The cost of this section was approximately $13 million with right-of-way acquisition costing another $500,000. He said by 1994 this section should be close to completion. He then spoke about County Road 18 between Highway 494 and the Bloomington Ferry Bridge to the Shakopee Bypass. He said that the federal Surface Transportation Bill passed in 1992 contained significant amounts of money for the project including $23 million for the bridge and $18 million for the highway project. He pointed out that the total cost of the highway project was approximately $32 million, so there was still $14 million to be funded. He further stated that the federal government had authorized $~1 million for the Eden Prairie City Council Minutes - 2 -February 4, 1992 Unapproved bridge. The total construction cost for the bridge project including the approaches was $119 million. He said this was the only specifically identifiable project in the County's legislative package this year because there was a risk of losing some of the federal money in 1993 and 1994 unless the required state match was met. He then spoke about the County Home School and the surrounding land in Glen Lake. He said the County did not believe that the old Glen Lake Sanitarium building could be rehabilitated. Other alternatives had been considered for the use of the land, one of which was a golf course. He said there were some problems with this plan because of the configuration of the land and the County Home School being located in the middle of it. He said he did not believe the County Home School could be relocated, and the investigation of the best use of the land would continue. • Regarding the County's legislative program, Commissioner Johnson said the main concern of the County, and of the City, was to be sure that the State did not impose more and more mandates on local government without providing the funding. He said there was also a problem with levy limits, because if levy limits were to be imposed on property tax, the cities and the County would be put in an impossible position by being required to perform the service with no revenue available. He said the County would continue to lobby on this issue as well as fiscal disparities. He pointed out that $62 million which Hennepin County had contributed to the fiscal disparities fund • had been exported to the other six metropolitan counties. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Anderson moved, seconded by Pidcock, to approve the agenda. Pidcock requested the addition of one item under X.A. Reports of Councilmembers: (2) Discussion on utility discounts to senior citizens. Jullie requested that Items D and L be removed from the Consent Calendar. Agenda approved as amended 5-0. • • • • Eden Prairie City Council Minutes II. MINUTES - 3 - February 4, 1992 Unapproved A. Special City Council meeting on Capital Projects Budget Review held Tuesday, January 21, 1992 MOTION Pidcock moved, seconded by Jessen, to approve the minutes of the Special City Council meeting on Capital Projects Budget Review held Tuesday, January 21, 1992. Motion approved 5-0. B. City Council meeting held Tuesday, January 21. 1992 MOTION Pidcock moved, seconded by Harris, to approve the Minutes of the City Council meeting held Tuesday, January 21, 1992. Motion approved 5-0. C. Notes of January 27, 1992 Council/Staff Workshop MOTION Harris moved, seconded by Pidcock, to approve the notes of the January 27, 1992 Council/Staff Workshop. Motion approved 5-0. III. CONSENT CALENDAR A. Clerk's License List B. Order Feasibility Report for Leona Road Street and Utility Improvements, I.C. 52-217 (Resolution No. 92-30) C. Cooperative Construction Agreement with Hennepin County for CSAH 62, between Baker Road and Eden Prairie Road (Resolution No. 92-31) D. Final Plat Approval of Lorence 3rd Addition located at the S.W. corner of Hames Way and Valley View Road (Resolution No. 92-32) (Removed from Consent Calendar) E. Preliminary and Final Plat Approval of Wyndham Knoll 2nd Addition located at the S.E. Quadrant of Dell Road and Pleasant View Road (Resolution No. 92-33) F. Request from Bud Bjerken, Section VI Hockey Re: Use of Ice Rink Eden Prairie City Council Minutes - 4 -February 4, 1992 Unapproved G. Request from Foxjet Swim Club Re: Additional Pool Time H. Nine-Mile Creek Watershed District Cooperative Agreement Re: Study of Birch Island Lake. Glen Lake & Shady Oak Lake Levels I. Request to Purchase Skid Steer Loader J. Resolution No. 92-28 Approving the Bingo Hall License for Welsh- Sierra Limited Partnership (Removed from the Consent Calendar) K. Reapportion Funds for Southwest Corridor Transportation Coalition L. LORENCE 3RD ADDITION by Peter Knaeble. 2nd Reading of Ordinance 33-91, Rezoning from Rural to Rl-13.5 on 0.07 acres; Approval of Developer's Agreement for Lorence 3rd Addition; Adoption of Resolution 92-23, Authorizing Summary of Ordinance 33-91, and Ordering Publication of said Summary. Location: Southeast corner of Valley View Road and Hames Way. (Ordinance 33-91 -Rezoning; Resolution 92-23 -Authorizing Summary and Publication) (Removed from Consent Calendar) M. DEVAAN PROPERTY by Herbert DeVaan. 2nd Reading of Ordinance 5- • 91 for Zoning District Change from RM-6.5 to Rl-13.5 on 0.58 acres; • Adoption of Resolution 92-34, Authorizing Summary of Ordinance 35- 91 and Ordering Publication of Said Summary. Location: Lot 7, Block 2, Lake Trail Estates. (Ordinance 35-91 -Rezoning; Resolution 92-34 -Authorizing Summary and Publication) N. RESOLUTION NO. 92-35 -SETTING THE $4.5 MILLION PARK REFERENDUM FOR MARCH 17. 1992 O. RESCHEDULE JOINT MEETING WITH FLYING CLOUD AIRPORT ADVISORY COMMISSION FROM MARCH 17 TO MARCH 10. 1992 AT 6:00 PM P. Award Contracts for Snow Plowing Equipment (Resolution No. 92-18) Continued from January 21, 1992 MOTION Anderson moved, seconded by Pidcock, to approve the Consent Calendar as amended. Motion approved 5-0. • • • • Eden Prairie City Council Minutes IV. PUBLIC HEARINGS - 5 - February 4, 1992 Unapproved A. POTENTIAL CLOSING OF HERITAGE ROAD AT TH 5 (Continued from December 3, 1991) Jullie said the item pertained to the issue of the closing of Heritage Road at Highway 5. He said MnDOT's current plans for updating of County Road 5 west of County Road 4 called for a full access intersection at the Heritage Road and Highway 5. The Council had approved these plans about 18 months ago and construction had commenced. In October 1991, it had come to the City's attention that a survey had been taken which showed that several residents of the neighborhood were in favor of closing the Heritage Road intersection permanently. One of the reasons given was that the noise coming from Highway 5 was intolerable and by extending the existing noise berm across Heritage Road, the residents believed the noise impacts on the houses in the area would be lessened. As a result, the City had asked MnDOT for some noise modeling and had also requested Benshoof & Associates, Inc. to project the traffic impact on neighborhood streets if the Heritage Road intersection were closed. On January 23, 1992 a neighborhood meeting was held for the purpose of presenting the results of the noise and traffic studies • Dietz reviewed the results of the noise and traffic studies which had been presented to the residents at the January 23, 1992 meeting. He said the study showed that there were some properties which exceeded the nighttime noise standard of 55 decibels. The study had showed that if the berm were extended across Heritage Road, one additional property would meet the nighttime noise standard. The study also showed that if the present berm between Heritage Road and Carnelian Lane were increased by five feet as well, all the properties except two would fall within the nighttime noise standard. MnDOT did a study to show what would happen if five feet were added to the berm between Heritage Road and Carnelian Lane, with a full intersection with no signal. The result was that three properties would exceed the nighttime noise standard. The modeling showed that there would be a slight decrease in noise levels if there were to be a signal at the intersection, with only two properties exceeding the nighttime noise standard. Dietz discussed some other factors on noise that had been reviewed with MnDOT. The noise model program was called Stamina Two, which was a noise model approved by the Federal Highway Administration. The margin of error was plus or minus 3 decibels. The noise was based on traffic projections to the year 2010. He said the traffic volume projected for Highway 5 of 37,000 vehicles per day was assuming that Highway 212 would not be built. If Highway 212 were to be built the estimated volume was 29,000 • Eden Prairie City Council Minutes - 6 -February 4, 1992 Unapproved Dietz then reviewed what would happen if the closure were made, and what would happen if it were not made. He said there had been concern that if Heritage Road were to remain open with a signal at the intersection, the traffic volume through the neighborhood would be increased. The other question was what would happen if there was a median constructed through the intersection, creating a right- in, right-out onto Highway 5 for Heritage Road and Terry Pine Drive. Dietz then reviewed the results of the study made in November 1991 and February 1992 by Benshoof and Associates. The studies showed that the total number of trips into the neighborhood would remain the same, but the allocation of traffic would be more equal if Heritage Road were to remain open. If Heritage Road were to be closed, Hames Way would carry about 10% more traffic, Evener Way would increase by approximately 30%, and traffic on Carnelian Way would decrease slightly. The Benshoof & Associates, Inc. study also estimated the traffic if Heritage Road were to be a right-in, right-out only. This would result in a 10% decrease on Hames Way, Evener Way would be reduced slightly but still higher than with full access; Heritage Road would be cut in about half; and Carnelian Lane would increase approximately 30%. The study showed that with a signal at the Heritage Road intersection, Luther Way would remain about the same, Hames Way would be reduced by a significant amount, Evener Way would remain the same, Heritage Road would increase, and Carnelian Lane would drop by about 100 vehicles per day. Sidney Pauly, 17450 West 78th Street, spoke in favor of the closure. She said that Highway 5 was never intended to be a main commuter route and that Highway 212 was intended for that purposes. She said the neighborhood had petitioned MnDOT and the City for a higher berm to reduce noise levels from Highway 5. She said MnDOT Commissioner Riley had replied as follows: "MnDOT will also keep its offer to construct a noise berm that would connect with the in-place berm on the east side of Heritage Road. To do this, however, would mean closing the access of Heritage Road to Trunk Highway 5. This proposal was originally rejected by the neighborhood and the City of Eden Prairie." She said the residents of the neighborhood had never known that this was an option or that it had been rejected. After the receipt of the letter, Pauly said she had sent a letter in November 1991 to the neighborhood asking for opinions on the issue . • • • • • • Eden Prairie City Council Minutes - 7 - February 4, 1992 Unapproved The results of the survey were that 58 persons in favor of closure, and 28 persons in favor of the road remaining open, and 5 persons were neutral. She encouraged residents to reconsider the opposition to closure because she believed that opening the intersection at Heritage Road would result in more traffic through the neighborhood by drivers who wanted to avoid Highway 5. She also said she favored a berm to reduce the noise from Highway 5. Keith Martens, 7760 Heritage Road, spoke in favor of the closure of Heritage Road. He did not believe the noise modeling figures were accurate. He also said that he believed 55 decibels was too high and he did not believe berms would help alleviate the rwise problem. He also believed a signal at the intersecti.on would cause more noise because of trucks shifting gE>~rs in stopping and starting. Richard Brown, 7685 Heritage Road, spoke in favor of the closure, and bplieved that if there were to be a signal at the intersection of High';.;ay 5 and Heritage Road, more traffic would be generated through the neighborhood by drivers seeking to avoid stopping for the signal. Judson Friede, 7669 Heritage Road, spoke in favor of the closure and said he was concerned about noise, traffic levels, safety, and air quality. He believed there would be an increase of traffic through the neighborhood if a signal were placed at the intersection. Douglas Morey, 7741 Heritage Road, spoke in favor of the closure. He was concerned that Heritage Road would carry the majority of the traffic from Highway 5 into the neighborhood. He also pointed out that there were no sidewalks on Heritage Road and Luther Way and he was concerned about safety when walking or biking to Round Lake. Jeff Brassow, 7640 Atherton Way, spoke in favor of the closure for safety reasons. He believed that a signal at the intersection would make Heritage Road dangerous, particularly at rush hour. Emma Eames, 17345 W. 78th Street, spoke in favor of closure. She said that since the noise barrier of trees was removed with the widening of Highway 5, the neighborhood had been very noisy. She believed a signal at the intersection would make the noise worse. Chris Geason, 7596 Carnelian Lane, spoke in favor of open access from Heritage Road to Highway 5 and presented a petition to that effect which contained 65 names. Jim Daley, 7715 Carnelian Lane, spoke in opposition to the closure. He said he favored raising the berm and possibly extending it to the east in order to control the noise levels. Eden Prairie City Council Minutes - 8 -February 4, 1992 Unapproved Andrew Anderson, 17228 Round Lake Road, representing the Round Lake Road residents opposed to the closure of Heritage Road, said he believed more access was needed to the neighborhood as more houses and businesses came into the area. He believed closure of Heritage Road would increase the traffic on Round Lake Road and that the majority of the residents in the area were in favor of keeping Heritage Road open. Pam Dodds, 7595 Carnelian Lane, spoke in opposition to the closure. She said she favored three accesses to the neighborhood rather than two. She was concerned about safety if only two streets were to handle the increased traffic. Terese Waters-McCabe, 18119 Evener Way, spoke in opposition to the closure. She said she believed the issue was really a traffic one rather than noise. She believed present traffic levels on Hames Way and Evener Way were too high for residential streets, and the situation would be made worse if the Heritage Road intersection were to be permanently closed. She encouraged development of Dell Road as soon as possible. She said she supported the use of a berm to reduce noise levels on Heritage Road. She also said the City should find ways to discourage non-neighborhood traffic from using the • streets in the neighborhood as shortcuts. She presented Council • with a petition in favoring the reopening of Heritage Road. Rob Johnson, 7626 Carnelian Lane, spoke in opposition to the closing of the Heritage Road intersection because he believed it would result in more traffic on Carnelian Lane. He encouraged Council to consider all the consequences of any action taken on this issue. John McCarthy, 7370 Hames Way, spoke in opposition to the closing of Heritage Road. He encouraged Council to make a decision that would make traffic levels as equal as possible on all streets involved. He said traffic on Hames Way was very heavy in the morning and evening, making it almost impossible to cross the street. Jerry Beauvais, 7735 Meadow Lane, spoke in opposition to the closing of Heritage Road. He encouraged using as many entrances as possible into the neighborhood in order to distribute the traffic equally. Paul Evans, 17456 Evener Way, spoke in opposition to the closure of Heritage Road. He encouraged Council to make a decision that would be most equitable to all the residents of the neighborhood. Owen Anderson, 17220 Park Circle, spoke in opposition to the Heritage Road closure because he believed it would cause increased traffic on the other streets in the neighborhood. He presented Council with a petition from the residents in the neighborhood • requesting that Heritage Road remain open. • • • Eden Prairie City Council Minutes - 9 - February 4, 1992 Unapproved There were also a number of letters included in the Council packet expressing support for the permanent closure of the intersection in Heritage Way and support for allowing Heritage Road to remain open with access to Highway 5 at the intersection. There were no further comments from the audience. Jessen asked Dietz if the permanent closure of Heritage Road had been an option when the project was first discussed. Dietz said no one at the MnDOT or the City could recall such an option ever being discussed. He said that MnDOT would always prefer to close all roads as it was concerned with mainline traffic, but the closure of Heritage Road had not been an issue until the summer of 1991. Tenpas said he believed a larger traffic study was needed before a decision could be made in order to determine how much of the traffic was coming from within the neighborhood and how much was commuter traffic. He said he would also like more study on the sidewalk and noise issues as well as information on the possibility of speeding up the completion of Dell Road. Jessen said he agreed and believed that the City should find out the origination and destination of traffic going through the neighborhood. Pidcock agreed that more information was needed, and also believed that the development south of Highway 5 should be taken into consideration. Dietz said that one of the difficulties with predicting drive-through traffic at the present time was that there were so few streets open. However, he said he would meet with the traffic consultant to determine if it wwould be possible to make estimates on the drive- through traffic. He said staff would require at least a month before it could report back to Council on the results. Council agreed to continue this item for 60 days. B. BRAXTON POND by We star Properties, Inc. Request for Zoning District Change from Rural to Rl-13.5 on 3.6 acres; and Preliminary Plat of 3.6 acres into six single-family lots and road right-of-way to be known as Braxton Pond. Location: South and west of the terminus of existing Braxton Drive. {Ordinance 2-92 -Zoning District Change; Resolution 92-19 -Preliminary Plat}. Continued from January 21, 1992. Eden Prairie City Council Minutes MOTION -10 -February 4, 1992 Unapproved Harris moved, seconded by Anderson, to continue this item as requested by the proponent until the February 18, 1992 meeting. Motion approved 5-0. C. PRAIRIE GREEN OUTDOOR STORAGE by Birchwood Labs. Request of Birchwood Labs for Zoning District Amendment within the 1-2 District on 3 acres, with variances to be reviewed by the Board of Appeals and Site Plan Review on 3 acres for construction of an outdoor storage facility to be known as Prairie Green Outdoor Storage. Location: Southwest of Fuller Road, south of Birchwood Labs, east of Lincoln Drive. (Ordinance 6-92 -Zoning District Amendment in the 1-2 District) MOTION Pidcock moved, seconded by Anderson, to continue this item as requested by the proponent until the February 18, 1992 meeting. Motion approved 5-0. D. TACO BELL by Taco Bell Corporation. Request for Site Plan Review • within the C-Reg-Ser Zoning District and Zoning District Amendment • within the C-Rev-Ser District on 0.56 acres with variances to be reviewed by the Board of Appeals for construction of a restaurant to be known as Taco Bell. Location: Joiner Way, south of Goodyear Tire. (Ordinance 7-92 -Zoning District Amendment in C-Reg-Ser District) Jullie said notices for the public hearing had been properly published. A representative from the Taco Bell Corporation briefly reviewed the site plan explaining the details of the project through the use of a drawing. Enger said the Planning Commission recommended approval of the project at its January 27, 1992 meeting on a unanimous vote. There were no comments from the audience. MOTION Harris moved to close the public hearing and approve 1st Reading of Ordinance No. 7-92 for Zoning District Amendment and direct staff to prepare a development agreement incorporating Commission and staff recommendations and Council conditions. Seconded by Pidcock. 3/6 • • • • Eden Prairie City Council Minutes -11 -February 4, 1992 Unapproved Anderson believed the lack of sidewalks in the area could be a hazard, particularly to young people who would be the most likely patrons of this and other restaurants in the area. Council agreed that the sidewalk issue was something that should be investigated as soon as possible, but noted it was not part of this particular project. Motion approved 5-0. V. PAYMENT OF CLAIMS MOTION Harris moved, seconded by Anderson, to approve payment of claims. Motion for payment of claims approved with Jessen, Pidcock, Harris, Anderson, and Tenpas voting "AYE". VI. ORDINANCES & RESOLUTIONS VII. PETITIONS. REQUESTS AND COMMUNICATIONS A. 1-494 Briefing from MnDOT A representative from MnDOT gave Council a brief review of the project covering the area from Highway #394 on the north to the Minnesota River on the south and east. The two mainline alternatives being considered were to add one lane in each direction throughout the corridor, or to add two lanes in each direction. One lane in each direction would be for high-occupancy vehicles. He said the part of the project that had the most effect on the City was on Highway 212 to the west to East Bush Lake Road. He illustrated by the use of maps and drawings planned changes and alternatives. He said the MnDOT was considering the purchase of some right-of-way between Prairie Center Drive and Highway 494. The other area would be around the Highway 169 interchange. The other possible impact would be on the City's open park land between Trunk Highway 62 and Valley View Road where some right-of-way may be required. In this area, the noise analysis showed that noise mitigation may be warranted near the exit near Highway 494 to Valley View Road. The project cost for the one-lane alternative would range between $540-$610 million; for the two-lane the cost ranged between $580-$650 million. Right-of-way costs would be approximately $140-$165 million. The schedule for the project was to prepare the Draft Environmental Impact Statement in March 1992, public hearings in early May 1992, Final Environmental Impact Statement in November 1992, Record of Decision in May 1993, with first construction beginn~ng in 1997. Eden Prairie City Council Minutes -12 -February 4, 1992 Unapproved VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES A. Student Membership on Boards/Commissions Jullie reminded Council that it had requested that student membership on advisory boards and commissions be considered. Discussion among members of boards, commissions, and staff had led to a consensus that student membership was a good situation. He pointed out recommendations to implement student membership on a pilot basis included in the Council packet. MOTION Jessen moved, seconded by Anderson, to approve student membership on selected boards and commissions as recommended by staff. Motion approved 5-0. IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. City Charter Study Committee Anderson said the local chapter of the League of Women Voters had recommended that the City appoint a new Charter Study Committee. The 1984 Study Committee had recommended that the merits of having a city charter be reviewed every two years, and it had not been done since that time. Harris asked what the merit was to being a Charter versus a Statutory City. Pauly said that the Home Rule Charter was a document which was voted upon by the residents of a city which prescribed certain methods of doing business other than presently prescribed by statutes. One of the significant changes that could be made with a charter was that a ward system of electing councilmembers could be adopted, and that option was not available to a Statutory City unless there was some special legislation to permit a ward system. • • • • • • Eden Prairie City Council Minutes -13 -February 4, 1992 Unapproved He said one of the biggest reasons against the Home Rule Charter was that with statutory cities, there was a body of . uniform law subject to more interpretation by the courts, thereby giving more precedents to follow on a given question. In a Home Rule Charter situation, there were generally no precedents from other communities because the charter may be different from another community's. Tenpas said he would support investigation of the issue in order to consider the ward system of electing councilmembers. Jessen said he believed under the Home Rule Charter, Council could be allowed to approve certain projects without a referendum which the Statutory City must have, thereby giving the City an advantage in planning improvements. MOTION Jessen moved, seconded by Anderson, to request staff to recommend a structure for a Charter Study Committee to investigate the Home Rule Charter versus Statutory City issue. Motion approved 5-0. 2. Discussion on Utility Bill Discounts for Senior Citizens Pidcock said she had received calls from senior citizens asking why Minnetonka gave seniors discounts on sewer and water bills and Eden Prairie did not, and if it could be considered. She requested that staff investigate this possibility. B. Report of City Manager 1. Expansion of Liquor Stores Jullie said that staff recommended a third liquor store be located in Prairieview Center. The recommended location had 42,800 feet with a 5-year lease and a 5-year option. The cost of leasing the space was $11.50 per square foot. The cost to set up the new store would be approximately $100,000 with an opening date of June 1, 1992. After discussion, it was the consensus of the Council that the Prairieview location was the best one for a third store. MOTION Harris moved, seconded by Anderson, to authorize sending a a letter-of-intent for a lease to the Welsh Company, and to instruct staff to negotiate for a lower price per square foot if possible. Motion approved 5-0. 370 Eden Prairie City Council Minutes MOTION -14 -February 4, 1992 Unapproved At 10:55 PM, Jessen moved, seconded by Harris, to extend the meeting to 11: 15 PM. Motion approved 5-0. C. Report of Director of Parks. Recreation &. Natural Resource 1. Presentation of Schematic Design for Ice Rink Addition at Community Center Lambert reviewed the history of the project and the site and stated that the cost for the entire project would be approximately $2.5 million. Del Erickson, architect for this project, explained the details by the use of drawings and illustrations. Lambert said that the decision before the Council was to approve a budget so work on the plans could proceed on the basis of the money available. The recommendation was for an Olympic-size ice rink and several things could be done to lower the cost if desired. Some of the options were building a smaller rink, • making the roof of the building lower by not allowing space for • a second floor, and delaying the installation of dressing rooms and showers. After further discussion, Council consensus was that a budget of $2.3 million was appropriate for the project. MOTION Harris moved, seconded by Anderson, to authorize the architect and the Parks, Recreation and Natural Resources staff to proceed with the plans for a second ice rink with a budget of $2.3 million. Motion approved 5-0. Lambert said that he would present plans at the February 18, 1992 Council meetings. MOTION At 11:15, Jessen moved, seconded by Anderson, to extend the meeting to 11:30 PM. Motion approved 5-0. 377 • • • • Eden Prairie City Council Minutes -15 -February 4, 1992 Unapproved 2. Recommendation of Acquisition of Neighborhood Park for SW Eden Prairie Lambert said this was a 11.6-acre parcel owned by Robert and Dellora Coleman, who were willing to sell the land for a park in the Crestwood neighborhood. He recommended acquiring the property on a three-or four-year buyout plan. MOTION Jessen moved, seconded by Pidcock, to purchase the parcel of 11.6 acres from Robert and Dellora Coleman for $12,000 per acre or $145,000 as recommended in the staff memo of January 22, 1992. Motion approved 5-0. D. Report of Director of Planning 1. Recommendations for Bluffs Study Committee Jullie said that on January 21, 1992 Council had instructed staff to outline the structure and responsibilities of a Bluffs Study Committee. He called Council attention to the staff proposal for a seven-member committee which would recommend policy and tools for control of development on the Minnesota River bluffs. Jessen believed the proposal was a good one but suggested having an ex-officio member from the U. S. Fish and Wildlife Service. He also said that under Item 2 in the memo of January 30, 1992, Item C summarized the actual mission of the committee, with Items A and B being secondary items. Harris said she believed the committee should be constituted for a single issue and the committee would not exist after it had made the required report. Enger said he believed the work could be accomplished in 30 to 60 days. Tenpas said he would like to see people with a variety of points of view in regard to development on the bluffs and he would like to interview prospective members on February 18, 1992. MOTION Jessen moved to appoint a 9-member Bluffs Study Committee as recommended by staff in the memo dated July 30, 1992 with one additional member from the City Council and an ex-officio member from the U. S. Fish and Wildlife Service. Seconded by Harris. Motion approved 5-0. 312' Eden Prairie City Council Minutes -16 -February 4, 1992 Unapproved Darril Peterson, 18700 Flying Cloud Drive, expressed concern that his land would be taken by regulation without proper compensation, and expressed interest in being a member of the committee. E. Report of Director of Public Works F. Report of City Attorney 1. Discussion of Moratorium for Bluff Platting Pauly reviewed his memo dated January 30, 1992 on this subject, specifically calling Council attention to the three points in the Summary: 1. There was statutory authority for the City to impose a moratorium upon development of lands within the City. 2. 3. Application of a moratorium to specific property, the effect of which would be to deprive its owner of all economically viable use of the property, may constitute a temporary taking which would subject the City to liability for damages to the owner for the temporary taking. In order to suspend the effect of Minnesota Statutes, Section 462.358, Subd. 3b, which provided for the automatic approval of a plat within 120 days of filing, if not sooner denied, a moratorium which would affect the proposed Riverview Heights subdivision would need to be adopted prior to the expiration of the 120-day period for Council action. Jessen said that after reviewing the information in Pauly's memo he would not be in favor of a moratorium on development along the Minnesota River Bluffs. Council concurred. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Jessen moved, seconded by Harris, to adjourn at 11:40 PM. Motion approved 5-0. ~) ') (J , , -'; / , • • • • • • UNAPPROVED MINUTES SPECIAL EDEN PRAIRIE CITY CQUNCn, MEETING TUESDAY, FEBRUARY 11,1992 COUNCILMEMBERS: CITY COUNCIL STAFF: 6:00 PM, COUNCIL CHAMBERS 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock City Manager Carl J. Jullie, and Administrative Assistant Joyce Provo ROLL CALL: All Council members present. The Council began interviewing candidates for all boards and commissions at 6:00 PM. Appointments were made as follows after all the interviews were completed: Board of Anneals & Adjustments (6:00 PM) (1 Position for a three-year term) Don Argue was appointed to a three-year term effective March 1, 1992. Buildin& Code Board of Anneals (6:15 PM) (2 Positions for three-year terms) Neil Heupel was appointed to a three-year term effective March 1, 1992, and Marcia Kolb was reappointed to a three-year term effective March 1, 1992. Flyin& Cloud Airnort Advisory Commission (6:45 PM) (2 Positions for three-year terms: 1 Resident and 1 Flying Cloud Businessperson) Jay Olson was appointed as the Flying Cloud Airport Businessperson Representative for a three-year term commencing March 1 1992, and William Turkula was appointed to a three-year term commencing March 1, 1992 as the citizen representative. Historical & Cultural Commission (7: 15 PM) (2 Positions for three-year terms) Gerald K. Hoppe and Debra Campbell Potter were reappointed to three-year terms commencing March 1, 1992 . City Council Minutes February 18, 1992 Page Two Human Ri&hts & Services Commission (7:45 PM) (4 Positions: 3 for three-year terms and 1 one-year unexpired term) William Jackson, Dr. K. Ramakrishnan, and Linda Senes were reappointed to three-year terms commencing March 1, 1992, and Dacia Henderson was appointed to a one-year term commencing March 1, 1992. Parks. Recreation & Natural Resources Commission (8: 15 PM) (3 Positions: 2 three-year terms and 1 one-year unexpired term) Joanne Kube-Harderwijk was reappointed to a one-year term commencing March 1, 1992, Diane Popovich Lynch was reappointed to a three-year term commencing March 1, 1992, and David R. Kracum was appointed to a three-year term commencing March 1, 1992. Plannine Commission (8:45 PM) (3 Positions for three-year terms) • Douglas Sandstad was reappointed to a three-year term commencing March 1, 1992, • Kenneth E. Clinton and Mary Jane Wissner were appointed to three-year terms commencing March 1, 1992. Waste Manaeement Commission (9: 15 PM) (3 Positions for three-year terms) Jan Heinig Mosman was reappointed to a three-year term commencing March 1, 1992, Sherie Bentley and Barton L. Schultz were appointed to three-year terms commencing March 1, 1992. The Council requested staff look into the possibility of splitting both the Parks, Recreation & Natural Resources Commission and the Human Rights & Services Commission into two separate commissions (Le., Parks & Recreation Commission/Natural Resources Commission, and Human Rights Commission/Services Commission). The meeting stood adjourned at 10:20 PM. • • MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL THURSDAY, FEBRUARY 20, 1992 3:00 PM, CITY BALL COUNCIL CHAMBERS 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 At 3:00 PM, councilmemher pidcock determined that a quorum of the City Council was not present and the meeting was adjourned to 7:00 PM that evening. ----------------------------------------------------------------------------- MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL eHURSDAY, FEBRUARY 20, 1992 7:00 PM, CITY HALL COUNCIL CHAMBERS 7600 EXECUTIVE DRIVE COUNCILMEKBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris. H. Martin Jessen, and Patricia pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, and City Attorney Roger Pauly • I.. ROLL CALL Councilmembers Richard Anderson, Jean Harris, and Patricia Pidcock present; Mayor Douglas Tenpas and Councilmember H. Martin Jessen absent. II. CALL MEETING TO ORDER III. Vice-Mayor Anderson called the meeting to order at 7:00 PM. PAYMENT OF CLAIMS Motion: Pidcock moved, seconded by Harris, to approve the Payment of Claims as submitted . City Council Minutes February 20, 1992 Page Two • IV. RESOLUTION NO. 92-9 APPOINTING ELECTION JUDGES FOR THE REFERENDUM ON MARCH 17, 1992 Motion: Harris moved, seconded by Pidcock, to adopt Resolution No. 92-9, Appointing Election Judges for the Referendum on March 17, 1992. v. PURCHASE AGREEMENT FOR CPT BUILDING VI. VII. VIII. Jullie reported that Norwest Bank had not yet approved the City's revised draft of the purchase agreement. Two of their key people were called out of town and their review could not be done in time for today's meeting. Norwest did suggest, and the City Attorney concurs, that to facilitate the financing plan for this purchase the city's Housing & Redevelopment Authority should be the actual purchaser. Accordingly, we should so amend the draft purchase agreement. Motion: pidcock moved, seconded by Harris, to refer this matter back to staff and the City's Housing & Redevelopment Authority for its review and approval. ARCHITECTURAL SERVICES Motion: Pidcock moved, seconded by Harris, to authorize the City Manager to contract with Cluts, O'Brien, Strother Architects, Inc. for design services for remodelling the CPT building based upon the fees outlined in their proposal letter of February 14, 1992, provided, however, that such authorization is contingent upon execution of the purchase agreement for the CPT building. OTHER ITEMS OF BUSINESS There were no other items of business for this agenda. ADJOURNMENT Motion: Pidcock moved, seconded by Harris, to adjourn the meeting at 7:25 PM. • • • • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 1n, 1992 CONTRACTOR U1ULTI-FAMILY & COMr~.) Arbuckle Construction, Inc. Central Roofing Company Construction Analysis & Management Excel Construction, Inc. GSB Developments Nelson Brothers Construction Northern States Power Ohman Corporation Proco Buil ders Rutledge Construction Company Sears Roebuck & Company Steadfast Home Repair Service, Inc. Stephenson Construction Zeman Construction Company PLUMBING Alta Limited Associated Mechanical Contractors Barnes Plumbing Co. Bowl er Co., Inc. Dalby Plumbing Earl W. Day & Sons Donahue Mechanical Hiltner Plumbing & Heating MacDonald Plumbing Co. McDermott Plumbing, Inc. McGuire & Sons Plumbing & Heating Nieman Plumbing & Heating Northland Mechanical Contractors No. St. Paul Plumbing Olberg Construction Larry Olson Plumbing P M Services R C Plumbing -Northfield R. C. Plumbing & Heating -Buffalo Riven Plumbing Steve Schmit Plumbing Schul ties Plumbing, Inc. Seitz Brothers, Inc. Star Plumbing & Excavating, Inc. Swanson & Schiager Plumbing Thoen Plumbing, Inc. Vesey Plumbing Company Welter & Blaylock, Inc. Wenzel Mechanical Westonka Plumbing & Heating, Inc. GAS FITTER ARI Mechanical Services, Inc. Air Comfort, Inc. Air Conditioning Associates, Inc. A lta Limited Artic Refrigeration Associated Mechanical Contractors B & C Heating, Inc. Bowler Company, Inc. Ditter, Inc. Equipment Supply, Inc. Hiltner Plumbing & Heating Marsh Heating & Air Conditioning McDermott Plumbing, Inc. McGuire & Sons Plumbing & Heating Neil Heating & Air Condittonin~, Inc. Northland Mechanical Contractors, Inc. No. St. Paul Plumbing Northwestern Service, Inc. Owens Servi~es Corporation R. C. Plumbing & Heating -Buffalo Ron's Mechanical, Inc. Royalton Heating & Cooling Comoany Schu1ties Plumbing, Inc. Seitz Brothers, Inc. Support Services Valley Aire, Inc. Welter & Blaylock, Inc. Wenc1 Service Company l~enzel r1echanical ~estonka Plumbing & Heating, Inc. Yal e, Inc. WATER SOFTENER Robert B. Hill Company UTILITY INSTALLER ImDerial Developers, Inc. Wenzel Mechanical SEPTIC SYSTEMS Swedlund Septic Service SCAVENGER Swedlund Septic Service CLERK'S LICENSE APPLIEATION LIST page two HEATING & VENTILATING Air Comfort, Inc. Air Conditioning Associates, Inc. Artic Refrigeration Associated Mechanical Contractors B & C Heating, Inc. Bostrom Sheet r1etal l~orks, Inc. Bowler Company, Inc. Ditter, Inc. Hiltner Plumbing & Heating LSV Meta 1 s, Inc. Marsh Heating & Air Conditioning McDermott Plumbing, Inc. Neil Heating & Air Conditioning, Inc. Northland Mechanical Contractors, Inc. Norhtwestern Service, Inc. O'Brien Sheet Metal, Inc. O'Keefe Mechanical, Inc. Owens Services Corporation R. C. Plumbing & Heating Riccar Heating & Air Conditioning, Inc. Ron's Mechanical, Inc. Royalton Heating & Cooling Co. South-Town Refrigeration, Inc. Support Services Valley Aire, Inc. Vent-A Hood of the Twin Cities, Inc. Wencl Service Company Yale, Inc. TYPE C FOOD Mark's Aztec Amoco Mark's Highway 5 Amoco Mark's Amoco on Flying Cloud Drive CIGARETTE r1ark's Aztec Amoco Mark's Highway 5 Amoco Mark's Amoco on Flying Cloud Drive PRIVATE KENNEL • Eugene Swanson (9440 Eden Prairie Road) Terrence Swedzinski (14350 Pioneer Tr.) • These licenses have been approved by the deoartment heads responsible for the o:t a10 .Pat Solie.>' Li cens i ng • • • • MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Robert A. Lambert Director of Parks, Recreation and Natural Resources ~ DATE: February 11, 1992 SUBJECT: BermellSmaby Land Donation On December 31, 1991, the 40-acre property owned by Bermel/Smaby in the Purgatory Creek Recreation Area was donated to the City of Eden Prairie. There is $7,971.36 in back taxes due on this property that the City must pay prior. to filing the Quit Claim Deed provided by the owners. City staff request authorization to use cash park fees to pay these back taxes prior to filing this deed. BRL:mdd Bermel/IS • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-32 RESOLUTION RECEMNG FEASffiILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer, through H.T.P.O. recommending- the following improvements to wit: . -I.C. 52-189 (Braxton Drivelmprovements) . NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the------. report and the assessment of property abutting or within said boundaries for all 2 . or a portion of the cost of the improvement pursuant to M.S.A. Section 429.0rr - to 429.111, at an estimated total cost of the improvements as shown. A public hearing shall be held on such proposed improvement on April 7, 1992 at 7:30 P.M. at the Eden Prairie City Hall, 7600 Executive Drive. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on March 10, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk , - • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-21 RESOLUTION RECEIVING FEASffiILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer, through H.T.P.O. recommending the following improvements to wit: I.C. 52-194 (Bluffs East 10th Addition) NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on April 7, 1992 at 7:30 P.M. at the Eden Prairie City Hall, 7600 Executive Drive. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on March 10, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • • • RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of ______ , 1992. FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated October 9. 1981, was executed by and between the City, and Alfred E. Pavelka and Rosalla H. Pavelka which Agreement was filed as Document No. 1450146 with the Registrar of Titles on November 18. 1981. the Agreement related to the property described therein as: That part of the Northeast 114 of the Northeast 114 of Section 7, Township 116, Range 22, lying North of a line drawn from a point on the East line of said Section 7 distant 1123.88 feet South from the Northeast comer of said Section 7 to a point on the West line of the Northeast 114 of the Northeast 114 of said Section 7, distant 1155.48 feet South from the Northwest comer of said Northeast 114 of the Northeast 114, according to the Government Survey thereof. That part of the Northwest 114 of the Northwest 114 of Section 8, Township 116, Range 22, described as beginning at a point on the West line of said Section 8 distant 1123.88 feet South from the Northwest comer of said Section 8; thence North along the West line of said Section 8 a distance of 544.39 feet; thence East parallel with the North line of the Northwest 114 of the Northwest 114 of said Section 8 to the East line of said Northwest 114 of the Northwest 114; thence South along said East line a distance of 475.23 feet; thence deflecting to the right 62 degrees 24 minutes 10 seconds a distance of 138.93 feet; thence West to the point of beginning, according to the Government Survey thereof. Since the time of filing of said agreement, the property has been subdivided into the following parcels: Lots 1 through 10, Block 1; Lots 1 through 5, Block 2; Outlots A & B; Round Lake View. Also Lots 1 through 6, Block 1; Lots 1 through 5, Block 2; Lots 1 through 19, Block 3; Lots 1 through 11, Block 4; Lots 1 through 9, Block 5; Lots 1 through 9, Block 6; Muirfield lst Addition. Also Lots 1 through 9, Block 1; Lots 1 through 20, Block 2; Lots 1 through 7, Block 3; Lots 1 through 11, Block 4; Outlot A, Muirfield 2nd Addition, all said parcels lie within City of Eden Prairie, Hennepin County, Minnesota.· 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired . 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement • Regarding Special Assessments dated October 9. 1981 filed with the Registrar of Titles as Document- No. 1450146 on November 18. 1981. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: -------------------------------Douglas B. Tenpas Its Mayor ------------------------------Carl J. Jullie Its City Manager The foregoing instrument was acknowledged before me this ___ day of ___ _ 1992, by Douglas B. Tenpas and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 #7-RELEASE.C RFRIOl-14-88 • • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-23 A RESOLUTION APPROVING FINAL PLAT OF COUNTRY GLEN 2ND ADDmON WHEREAS, the plat of Country Glen 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 Country Glen 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 3, 1992. 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 March 10, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk MEMORANDUM TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: March 3, 1992 SUBJECT: Final Plat of Country Glen 2nd Addition PROPOSAL: Coffman Development Company has requested City Council approval of the final plat of Country Glen 2nd Addition. Located east of Duck Lake Road and south of Claycross Way, the plat contains 6.7 acres to be divided into 13 single family lots and right~f-way dedication for street purposes. mSTORY: The preliminary plat was approved by the City Council December 20, 1989 per Resolution No. 89-262. Second Reading of Ordinance No. 48-89, changing zoning from Rural to RI-13.5, was finally read and approved April 17, 1990. The Developer's Agreement referred to within this report was executed April 17, 1990 . VARIANCES: A variance will be 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, streets, and walkways will be installed throughout this project in conformance with City Code and the requirements of the Developer's Agreement. Prior to release of the final plat the Developer shall submit to the City Engineer and obtain the City Engineer's approval of plans for municipal utilities and streets. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Prior to release of the final plat the Developer shall provide the City with financial surety to cover the cost of installation of municipal utilities and streets. RECOMMENDATION: Recommend approval of the final plat of Country Glen 2nd Addition subject to the requirements of this report, the Developer's Agreement and the following: JJ:ssa 1. 2. 3. 4. Receipt of street sign fee in the amount of $478.00. Receipt of street lighting fee in the amount of $2,160.00. Receipt of engineering fee in the amount of $520.00. Satisfaction of bonding requirements. cc: William D. Coffman Ron Bastyr, Bastyr & Associates • • • • CITY OF EDEN PRAmIE HENNEPIN COUNTY, MINNESOTA ORDINANCE #7-92 Taco Bell 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 C-Reg-Ser District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the C-Reg-Ser District, and the legal descriptions of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the • ntire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby dopted 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 March 10, 1992, entered into between Taco Bell, a California corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between DYS Properties Partnership, a Minnesota general partnership, and the City of Eden Prairie, dated as of March 10, 1992, 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. FmST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of February, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 10th day of March, 1992 . ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the __ day of ______ _ • EXHIBIT A That part of Lot 2, BlocK 1, THE PRESERVE CC~MERCIAL PJ..R~: SOUTH, as e platted and recorded, Hennepin County, Hlnnc50ta, described as follows: Beginning at the most westerly co~ner of said Lot 2, said point also being the most northerly corner -of Lot 1, Block 1,. in saie plat; thence northeasterly 94.08 feet along the northwesterly line of saId Lot 2 on a curve to the left with a radius of 1994.86 feet and with a central angle·of 02 degrees 42 minutes 08 seconds and with a chord bearing of North 39 degrees 37 minutes 32 seconds East (plat bearing datum) and a chord length of 94.07 feet; thence South 55 degrees 15 minutes 12 seconds East 67.00 feet; thence South 18 degrees 23 minutes 00 seconds East 40.00 feet; thence South 55 degrees 15 minutes 12 seconds East 106.15 feet; thence South ~O degrees 06 minutes 30 seconds East 31.11 feet to a point on the southeast line of said Lot 2; thence South 49 degrees 53 minutes 30 seconds West 123.00 feet along the southeasterly line of said Lot 2 to the most southerly corner of said Lot 2; thence North 40 degrees 06 minutes 30 seconds West 218.65 feet along the southwesterly line of said Lot 2 to the point of beginning-Said tract contains 24,566 square feet (0.564 acres), more or less. Subject to easements, reservations or restrictions of record. j C) ; ''1 I I e· e • DEVELOPER'S AGREEMENT Taco Bell THIS AGREEMENT, made and entered into as of , 1992, by TACO BELL, a California corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETII: WHEREAS, Developer has applied to City for Site Plan Review and Zoning District Amendment within the Commercial-Regional-Service District on 0.56 acre for construction of a 1,959 sq. ft. fast-food restaurant, all said 0.56 acre 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, TIIEREFORE, in consideration of the City adopting Ordinance #7-92, 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 February 4, 1992, revised and dated February 4, 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. FINAL PLAT, VACATION OF EXISTING SANITARY SEWER EASEMENT AND GRANTING OF NEW EASEMENT: Concurrent with submittal for the final plat request for the Property, Developer agrees to provide to the City, and to obtain the City's approval of, the following: 4. A. A petition for vacation of the existing sanitary sewer easement on the Property. B. Dedication of a new sanitary sewer easement for the relocated sanitary sewer pipe. Developer acknowledges that the vacation of such easement must be satisfactorily completed prior to release by City of the approved final plat for the Property. CROSS PARKING/CROSS ACCESS ARRANGEMENT: Prior to release by the City of the final plat for the Property, Developer agrees to submit to the City, and to obtain the City's approval of a cross parking/cross access agreement in favor of the Property, (Lot 2, Block I, YES Addition) from the land to the north, Lot I, Block 1, YES Addition, all as depicted in Exhibit B, attached hereto. The purpose of such agreement shall be to provide four (4) additional parking spaces on the parcel to the north for use by the Property . Prior to release of any permit for grading or construction on the Property, Developer agrees to file said cross parking agreement on the Property and on Lot 1, Block 1, YES Addition,. Hennepin County in the office of the County Recorder, and to provide proof of such filing the City. 5. ASSESSMENT AGREEMENT FOR JOINER WAY: Prior to release by City of any final plat for the Property, Developer agrees to submit to the City, and to obtain City's approval of an executed assessment agreement for special benefit to the Property from construction of a median opening at Joiner Way and Prairie Center Drive. 6. REVIEW OF VARIANCES AND FINAL ORDER OF BOARD OF APPEALS: Prior to release of the final plat for the Property, Developer shall receive the following variances from the Board of Appeals: A. A parking setback of 0 ft., from the required 10 ft. along the north Property line. B. A side yard structure setback to an accessory structure of 17.5 ft., from the required 20 ft., along the south Property line. C. A structure setback of 0 ft., from the required 20 ft. along the north Property line for the trash enclosure. Further, Developer agrees to file such Final Order of the Board of Appeals on the Property at H~nn.epin Cou~ty, and to provide City with proof of such filing, prior to issuance by City Of. bUIldmg permit for the Property. 7. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to submit to the City Engineer, and to obtain the City Engineer's approval of, a land alteration permit for the Property. Said permit submission shall contain detailed plans regarding grading, drainage, and erosion control on the Property. Developer agrees to abide by all conditions and requirements of said land alteration permit at all times. 8. UTILITY PLANS: Prior to issuance by City of any building permit for the Property, Developer agrees to submit to the City Engineer, and to obtain the City Engineer's approval of plans for sanitary sewer, water, storm sewer, and erosion control for the Property. Said utility plans shall include provision for the relocation of the twelve (12) inch sanitary sewer pipe on the Property. Developer acknowledges that said sewer pipe shall remain active during relocation and a bond must be submitted for the reconstruction costs of said pipe. 9. LANDSCAPING AND IRRIGATION PLAN, SCREENING FENCE: Prior to issuance by City of any building permit for the Property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of the following: A. A detailed landscaping and irrigation plan for the Property. • • • • B. Detailed plans for the 3 th foot high wood fence to be constructed to screen the parking areas from Joiner Way . Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, such plans, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 10. EXTERIOR MATERIALS: Developer has submitted, and City has approved, samples of exterior materials to be implemented on the structure on the Property. Said materials shall be compatible with the exterior materials of the existing structure on Lot 1, Block 1, YES Addition, to the north of the Property. Developer agrees to implement the approved exterior materials on the structure on the Property prior to issuance by City of any occupancy permit for the Property. 11. SIDEWALK CONSTRUCTION: Concurrent with building construction on the Property, Developer agrees to construct, or cause to be constructed, a five-foot wide concrete sidewalk along the south side of Prairie Center Drive from Highway #169 to Joiner Way. Developer further agrees to construct said sidewalk in accordance with the requirements of Chapter 12 of the City Code, and in accordance with the terms and conditions of Exhibit C, attached hereto . OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN DYS PROPERTIES PARTNERSHIP AND THE CITY OF EDEN PRAIRIE • Taco Bell THIS AGREEMENT, made and entered into as of , 1992, by and between DYS PROPERTIES PARTNERSHIP, 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 #7-92, amending the zoning of the Property owned by Owner within the Commercial-Regional-Service District, as more fully described in that certain Developer's Agreement entered into as of , 1992, by and between Taco Bell, Inc., a California corporation, and City, Owner agrees with City as follows: 1. If Taco Bell, Inc., 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 RuraJa. 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 ORDINANCE NO. 7-92 Taco Bell AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN THE C-REG-SER DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance amends the zoning of land within the C-Reg-Ser Zoning District located on Joiner Way, south of Goodyear Tire 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: lsI John D. Frane, City Clerk lsI Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the __ day of 1992. (A full copy of the text of this Ordinance is available from the City Clerk.) A:\ORDFORM\REZONAMD.SUM ?C, .:1 ) . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-43 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR TACO BELL CORPORATION Taco Bell WHEREAS, Taco Bell Corporation has applied for site plan approval of Taco Bell Restaurant on 0.56 acres for construction of a restaurant to be known as Taco Bell Restaurant on property located on Joiner Way, south of Goodyear Tire zoned C-Reg-Ser District by Ordinance 7-92 adopted by the City Council on March 10, 1992; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 27, 1992 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 4, 1992 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Taco Bell Corporation for Taco Bell Restaurant for construction of a restaurant based on plans dated February 4, 1992, subject to the terms and conditions of that certain Developer's Agreement between Taco Bell Corporation a California corporation and the City of Eden Prairie, dated March 10, 1992, for said construction. ADOPTED by the City Council on March 10, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk A: \RESOFORM\SITEPLAN. DA LjOO • • • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-44 Taco Bell A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 7-92 AND ORDERING THE PUBLICATION OF SAID SUM1\1ARY WHEREAS, Ordinance No. 7-92 was adopted and ordered -published at a regular meeting of the City Council of the City of Eden Prairie on the 10th day of March, 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAffiIE: A. That the text of the summary of Ordinance No. 7-92, 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 Statutes, 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 No. 7-92 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within twenty days after said publication. ADOPTED by the City Council of the City of Eden Prairie on the 10th of March, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk LID! • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-37 A RESOLUTION APPROVING FINAL PLAT OF YES ADDmON (TACO BELL SITE) WHEREAS, the plat of YES 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 YES Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 4, 1992. 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 March 10, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk MEMORANDUM TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician ~ .1. DATE: March 4, 1992 (-~(\ SUBJECT: Fmal Plat of YES Addition (Resolution No. 92-37) PROPOSAL: The owners DYS Properties, have requested City Council approval of the final plat of YES Addition. Located at the southeast comer of Highway 169 and Prairie Center Drive, the plat contains 1.46 acres to be divided into two lots. Lot 1 is the existing site for the Youngstedt Goodyear Automotive Service Center, and Lot 2 is the site of the proposed Taco Bell fast food restaurant. mSTORY: The preliminary plat was approved by the City Council December 20, 1988 per • Resolution No. 88-292. At that time, a different land use was intended, but the lot • configuration is the same as the current proposal. Second reading of Ordinance No. 7-92 is scheduled for final approval March 10, 1992. The Developer's Agreement referred to within this report is scheduled for execution March 10, 1992. VARIANCES: A variance will be 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 and roadways are currently in place and available to serve this site; however, to effectively site the building proposed on Lot 2, an existing sanitary sewer line must be relocated. The relocation of the sanitary sewer line will consist of the following: 1. Provide detailed plans and specifications for· relocation of sanitary sewer line. 2. Vacate existing easements no longer required. . 3. Dedicate additional easements along relocated sanitary sewer line. 4. Provide financial security to cover construction costs of relocation. As outlined in the Developer's Agreement, prior to release of the final plat the Developer • agrees to enter in to an assessment agreement for the construction of a median opening at Joiner Way and Prairie Center Drive, now under construction. A cross-parking/cross-access agreement between Lots 1 and 2 must be provided prior to release of the final plat. • • • Fmal Plat -YES Addition Page 2 of 2 March 4, 1992 PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding shall conform to the requirements of City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the fmal plat of YES Addition subject to the requirements of this report, the Developer's Agreement and the following: JJ:ssa 1. Receipt of engineering fee in the amount of $250. 2. Vacation of existing sanitary sewer easement and dedication of replacement easement. 3. Receipt of cross-parking/cross-access agreement. 4. Special assessment agreement for Joiner Way median opening . cc: Larry Y oungstedt Taco Bell Corporation Jack Bolke, Egan, Field and Nowak, Inc . • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-38 A RESOLUTION APPROVING FINAL PLAT OF FAIRFIELD OF EDEN PRAIRIE 8TH ADDmON WHEREAS, the plat of Fairfield of Eden Prairie 7th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Fairfield of Eden Prairie 7th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 6, 1992. 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 March 10, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk MEMORANDUM TO: Mayor and City CounciImembers THROUGH: Alan D. Gray, P.E., City Engineer DATE: Jeffrey lohnson, Engineering Technician ~ March 10, 1992 C) FROM: SUBJECf: Final Plat of Fairfield of Eden Prairie 8th Addition (Res. No. 92-38) PROPOSAL: Centex Real Estate Corporation has requested City Council approval of the fmal plat of Fairfield of Eden Prairie 8th Addition. This proposal is a continued subdivision of the Fairfield Planned Unit Development. The plat contains 9 single family lots, and right-of-way dedication for the extension of Braxton Drive to the north. HISTORY: The preliminary plat was approved by the City Council July 19, 1988 per Resolution No. 88-137. The second reading of Ordinance No. 59-88-PUD-15-88, changing zoning from Rural to R1- 13.5 was finally read and approved by the City Council February 20, 1990. • The Developer's Agreement referred to within this report was executed February 20, 1990. • VARIANCES: All variance requests must be processed through the Board of Appeals. UfILITIES AND STREETS: Municipal utilities, streets and walkways will be installed throughout this project in conformance with City Standards and the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: All bonding requirements shall conform to City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Fairfield of Eden Prairie 8th Addition subject to the requirements of this report, the Developer's Agreement and the following: JJ:ssa cc: 1. Receipt of street lighting fee in the amount of $1,026.00 2. Receipt of engineering fee in the amount of $360.00. 3. Satisfaction of bonding requirements. Dan Blake, Centex Sathre Bergquist, Inc. • J • ((010 • • • • Date: To: City Improvement Contract #: CHANGE ORDE R tl2 3-3-92 City of Eden Prairie 52-225 Project Name: Contractor: Cedar Ridge Estates 2nd Addition Richard Knutson, Inc. Engineer: Hansen Thorp Pellinen Olson Inc. Changes made for work performed in this contract: NATURE OF CHANGES: 1. Additional work was required to remove wet subgrade material from the site. Contractor had to remove snow from boulevards and use a dozer to maintain the haul road. Contractor also had to remove mud from County Road 1 due to above operations. 2. Removal of snow and rock necessary to perform inspections and install private utilities. ADJUSTMENTS TO CONTRACT COST: 1. Lump Sum 2. Add labor and material costs Total Increases: Summary of Contract Changes: Original Contract Amount Net Increase resulting from Change Order #1 Net Increase resulting from Change Order #2 Current Contract Amount including Change Order 111 and tl2 $ 1,358.00 $ 930.50 $ 2,288.50 $ 482,698.99 10,101.19 2,288.50 $ 495,088.68 THE ABOVE CHANGES ARE APPROVED: e Hansen Thorp Pellinen Olson Inc. City of Eden Prairie By ________________________ __ Date ----------------------- THE ABOVE CHANGES ARE ACCEPTED: e· e ((0'& • • • CHANGE ORDER 113 Date: 1-31-92 To: City Improvement Contract #: City of Eden Prairie 52-224, 52-223, 52-199 Project Name: Contractor: Bluffs West 9th Addition, Bluffs East 8th, Bluestem Ridge, Hawk High Ridge Richard Knutson, Inc. Engineer: Hansen Thorp Pellinen Olson Inc. NATURE OF CHANGES: Bluffs West 9th I.C. 52-224 1. Remove snow from Class V rock to accomodate the placement of bituminous pavement. ************************************************************* Hawk High Ridge I.C. 52-199 1. Remove snow from Class V rock to accomoda te the place men t of bituminous pavement. 2. Add valley gutter in two locations. No quantity on original bid. ************************************************************* Bluestem Ridge I.C. 52-199 1. Remove snow from Class V rock to accomodate the placement of bituminous pavement. ADJUSTMENTS TO CONTRACT COST: Increases: Bluffs West 9th I.C. 52-224 1. Add labor and material costs $ 1,476.06 Total Increases: $ 1,476.06 ************************************************************* 1. 2. Hawk High Ridge I.C. 52-199 Add labor and material costs Add labor and material costs above the curb cost which is already paid for Total Increase: $ 363.96 $ 912.00 $ 1,275.96 ************************************************************* Bluestem Ridge I.C. 52-199 Add labor and material costs $ 181.98 Total Increase: $ 181.98 ************************************************************* ************************************************************* Net total of changes: Summary of Contract Changes: Contract Amount prior to Change Order #1 Net Increase resulting from Change Order #1 Net Increase resulting from Change Order #2 Net Increase resulting from Change Order #3 Current Contract Amount including Change Order #1, #2 and #3 THE ABOVE CHANGES ARE APPROVED: $ 2,934.00 $ 295,493.80 54,101.95 9,044.50 2,934.00 $ 361,574.25 Hansen Thorp Pellinen Olson Inc. City of Eden Prairie By Z;;ZcJa.c4:~-By __________________________ _ Da te /-.70 -f';L Date --------------------------- THE ABOVE CHANGES ARE ACCEPTED: • • • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-42 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructed in the Wind field Addition requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: The City Engineer is here authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the Metropolitan Control Commission. ADOPTED by the Eden Prairie City Council on March 10, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk '-\ \ \ • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-10 BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges and are appointed for the Presidential Primary Election to be held on April 7, 1992. PRECINCT lA Ruth Ehlen Lydia Martinson Philip Olson Jo Ann Wronski ** PRECINCT IB Judith Baker ** Dolores Brown Anne Hawkins William Jellison PRECINCT 2 Fern Anderson Delores Klein Kathleen Porta ** Andrew Walters PRECINCT 3 Fay Clark ** Elaine Dahl Dan Johnson Mary Upton KING OF GLORY LUTHERAN CHURCH 17850 Duck Lake Trail 6630 Lochanburn Road 8317 Red Rock Road 18543 Harrogate Drive 6630 Tartan Curve EDEN PRAIRIE COMMUNITY CENTER 16700 Valley View Road 7113 Muirfield Lane 7260 Tartan Curve 18099 South Shore Lane West 9560 Highview Drive EDEN PRAIRIE COMMUNITY CENTER 16700 Valley View Road 17870 Evenston Road 15701 North Lund Road 15612 Sunset Circle 6256 Eden Prairie Road 934-1708 934-9464 937-8787 934-5353 934-4226 937-8727 937-2153 934-0848 934-2253 934-0934 937-8727 934-2071 . 934-9124 934-6634 934-0633 PRAIRIE HILL EVANGELICAL FREE CHURCH 17200 Valley View Road 937-9593 7392 Ontario Boulevard· 6951 Edenvale Boulevard 8757 Maplebrook Parkway 16163 Edenwood Drive 934-4460 949-2108 425-0813 937-2938 Res. No. 92-10 Page 2 PRECINCT 4 Cheryl Bridge Louise Doughty Ruth Mital ** Alice Schultz PRECINCT 5A Lee Hales Russ Hanson Elaine Jacques Joyce Myhre ** PRECINCT 5B LaVerne Hales June Hanson Bernice Holasek Shirley Jellison ** PRECINCT 6 Virginia Gartner ** Dorothy Gilk Kathlyn Nicholson Dorothy Schwartz Barbara Zupan PRECINCT 7A Adeline Bramwell Laurel Pennebaker ** Brenda Weidner Ethyl Wokasch ST. ANDREW LUTHERAN CHURCH 14100 Valley View Road 7272 Gerard Drive 13200 Roberts Drive 12762 Gordon Drive 6325 st. John's Drive IMMANUEL LUTHERAN CHURCH 16515 Luther Way 7946 Island Road 15711 Summit Drive 9021 Riley Lake Road 15011 Summerhill Drive IMMANUEL LUTHERAN CHURCH 16515 Luther Way 7946 Island Road 15711 Summit Drive 10020 Dell Road 9560 Highview Drive EDEN PRAIRIE FAMILY/SENIOR CENTER 8950 Eden Prairie Road 15769 Cedar Ridge Road 8485 Red Oak Drive 16201 Hilltop Road 15051 Scenic Heights Road 8210 Hiawatha Circle NEW TESTAMENT CHURCH 12901 Roberts Drive 14329 Fairway Drive 7284 Prairie View Drive 7057 Woodland Drive, #19 15129 Lesley Lane 937-2776 941-8104 934-3858 944-3481 937-8171 937-8123 934-1746 937-8278 934-0944 937-2815 937-8123 934-1746 937-8278 934-1185 934-0934 937-2262 937-1595 937-8783 937-1928 937-2289 937-2488 941-7290 937-8987 937-2623 934-7965 937-8802 • • • • Res. No. 92-10 Page 3 PRECINCT 7B HENNEPIN TECHNICAL COLLEGE 9200 Flying Cloud Drive 944-9993 Cheryl Frisvold 10265 Amsden Way 944-2253 Juliet Gleason 8633 Darnel Road 944-6154 Carole Meidinger 15683 Cedar Ridge Road 937-2840 James Rannow ** 16316 Lincoln Lane 937-8237 Bud Schwartz 15051 Scenic Heights Road 937-2289 PRECINCT 8 EDEN PRAIRIE PRESBYTERIAN CHURCH 11609 Leona Road 941-2521 Caroline Nelson 16300 Hilltop Road 937-8941 Marion Nesbitt 8701 Black Maple Drive 941-2387 Carole Sheridan 8908 Neill Lake Road, #F 944-6643 Elaine Udstuen 12774 Gordon Drive 941-3653 Barbara Vanderploeg ** 8735 Leeward Circle 941-5363 • PRECINCT 9A PAX CHRISTI CATHOLIC COMMUNITY 12100 Pioneer Trail 941-3150 Leone Barta 10065 Pioneer Trail 944-1551 Bernadine Beauvais ** 10285 Amsden Way 941-8152 Gerald Haas 9955 Pioneer Trail 944-2449 Nancy Little 14270 Golf View Drive 949-6794 PRECINCT 9B PAX CHRISTI CATHOLIC COMMUNITY 12100 Pioneer Trail 941-3150 Kent Barker 15801 Cedar Ridge Road 937-1454 Rhoda Haas 9955 Pioneer Trail 944-2449 Carol Hegge ** 10015 Pioneer Trail 941-2707 Isabell Iverson 12135 Oxbow Drive 941-7465 ** Denotes Head Judges ALTERNATES • Priscilla Bailey 6950 Mariann Drive 937-8885 Rosalee Dwyer 8651 Basswood Road, #202 944-1354 ~/d Res. No. 92-10 Page 4 ADOPTED BY the Eden Prairie City Council on this 10th day of March 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • • • • • • MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Robert A. Lambert, Director of Parks, Recreation and Natural Resources ~ DATE: March 5, 1992 SUBJECT: Resolutions Urging the Expansion of the Funding for the State Outdoor Recreation Grants Program and the Federal LA WeON Grant Program } Attached are two resolutions, the first urging the expansion of the funding for the State Outdoor recreation Grant Program and the second urging the expansion of the Federal LA WCON Program. The Minnesota Recreation and Park Association is urging all municipal and county governments to support these grant programs that are critical to the continued acquisition and development of land for park purposes. . Both grant programs are matching grant programs that provide incentives to local governments for continued acquisition and development of park projects. The City of Eden Prairie has been very fortunate in acquiring a significant amount of parkland using these types of programs, in fact, the majority of our original park acquisition program was feasible due to the existence of these two grant programs. These programs are also necessary for the renovation and replacement of facilities that do not meet handicapped accessible standards. The LA WCON program is a federally funded program supported by revenues from off-shore oil leases and sale of surplus federal property. In recent years the amount allocated from these revenue sources has been redirected to other sources. This resolution would urge that these allocations be increased to help provide adequate outdoor recreation opportunities and to acquire and protect open space areas. If approved, these resolutions would be forwarded with resolutions from other city and county governmental agencies to the state legislature and the federal legislative bodies that are reviewing legislation that could affect these funds. RAL:mdd grants/15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92 -20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA URGING THE EXPANSION OF THE FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM WHEREAS, the Federal Land and Water Conservation Fund Program LA WCON has provided greatly needed grant assistance for local government add state outdoor recreation and open space projects. WHEREAS, in Minnesota almost $57 million in (LA WCON) funds have been provided for over 1,100 projects in every county and hundreds of cities and townships throughout the State. WHEREAS, the program supported by revenues from offshore oil leases and sale of surplus federal property does not cost additional tax dollars and has left an important legacy for future generations. • WHEREAS, in recent years the allocations available to local governments have been • drastically reduced while the needs have remained the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that the City Council that the City Council urges the increase in the allocation of LA WCON funds for local government and state park projects to help provide adequate outdoor recreation opportunities, acquire and protect open space areas and improve the quality of life for present and future generations. ADOPTED by the City Council of the City of Eden Prairie this 10th Day of March, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, Clerk SEAL • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92 -36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA URGING THE STATE OF MINNESOTA TO EXPAND FUNDING FOR THE STATE OUTDOOR RECREATION GRANT PROGRAM WHEREAS, the State has invested over $50 million in local outdoor recreation projects, which has been matched by over $77 million in local government funds. WHEREAS, the State program has been significant incentive to local governments to undertake needed park acquisition and development projects. WHEREAS, the State program has helped accelerate renovation and replacement of facilities that did not meet the handicapped accessible standards. WHEREAS, parks play an important role in many communities' economic development efforts by improving desirability of the community as a place to live and work. WHEREAS, the demand for State assistance through this program remains strong and that in 1991 only $1. million in State funds was available to meet over $4 million in grant requests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that the City Council urges the State to continue and expand funding for the State's Outdoor Recreation Program to help local governments throughout Minnesota provide adequate outdoor recreation opportunities, acquire and protect open space areas and improve the quality of life for present and future generations. ADOPTED by the City Council of the City of Eden Prairie this 10th Day of March, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, Clerk SEAL PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, The city of Eden Prairie is founded in part to promote the health and welfare of its residents, and supports efforts to improve public health; and WHEREAS, Chronic Fatigue Syndrome (CFS) is a serious illness marked by debilitating fatigue and weakness, accompanied by flu-like symptoms and cognitive impairment; and WHEREAS, victims often experience symptoms of sufficient severity to interfere with their participation in the activities of daily life for many months or years, and the loss to society of productive people in their prime earning years is great; and WHEREAS, because some physicians are unfamiliar with CFS, routine diagnostic tests fail to suggest a specific disease, and insurance and disability compensators may delay or deny CFS-related claims, the burdens for CFS sufferers are even greater; and WHEREAS, there is an alarming lack of understanding and concern about how CFS impacts individuals, diminishing their ability to enjoy life, disrupting education and employment, and creating tremendous medical expenses; and WHEREAS, the Chronic Fatigue Syndrome Association of Minnesota provides reliable information to the afflicted and their families, the health care providers and the public to stimulate interest in finding effective treatments and a cure for CFS. NOW, THEREFORE, the City council of the City of Eden prairie, Minnesota does hereby proclaim HARCH 1992 as CHRONIC FATIGUE SYNDROME AWARENESS MONTH and urges all residents to become aware of this disorder and support efforts to find a cure. Proclaimed this 10th of March, 1992. " • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 92-19 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BRAXTON POND FOR WESTAR PROPERTIES, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: Braxton Pond That the preliminary plat of Braxton Pond for Westar Properties, Inc. dated December 13, 1991, consisting of 6 single family lots and road right-of-way on 3.6 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 10th day of March, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk ( ( PLANNING COMMISSION MINUTES -NOVEMBER 25, 1991 B. BRAXTON POND (91-29-Z-P) by Westar Properties, Inc. Request for Zoning District Change from Rural to Rl-13.5 on 3.6 acres; and Preliminary Platting of 3.6 acres into six single family lots and road right-of-way to be known as Braxton Pond. Location: South and west of the terminus of existing Braxton Drive. (A public hearing) Ron Bastyr, representing the proponent, stated that the proposal was for 6 single family lots. The proponent concurred with the Staff recommendations. Franzen reported that the proposed site had been guided low density for several years. Braxton Drive would become the access to the elementary school. The proposal was in compliance with the Rl-13.5 zoning requirements. Franzen noted that the timing of the project had to be done in conjunction with the Braxton Drive construction and Westar Lane would be a temporary cul-de-sac. Staff recommended approval of the project subject to the Staff recommendations. Sandstad asked if Braxton Drive existed currently north of the proposed site. Franzen replied that Braxton Drive would run from County Road 1 to Scenic Heights Road and added that Braxton drive did not exist north of the site at this time. Ruebling asked if Westar Lane aligned with School Drive. Franzen replied no. Bastyr added that Westar Lane was approximately 500 feet to the north of School Drive . Ruebling noted that 1 of the homes would have access directly onto Braxton Drive and asked if there would. be other in the future. Franzen replied that Braxton Drive would be a local collector which can accommodate a limited number of driveways. MOTION 1: Norman moved, seconded by Hallett to close the public hearing. Motion carried 6-0-0. MOTION 2: Norman moved, seconded by Hallett to recommend to the City Council approval of the request of We star Properties, Inc., for Zoning District Change from Rural to Rl-13.5 on 3.6 acres, to be known as Braxton Pond, based on plans dated November 15, 1991, -----stibjeef to· the recommendations of the Staff Report dated November 22, 1991. Motion carried 6-0-0. MOTION 3: • • • Norman moved, seconded by Hallett to recommend to the City Council approval of the request of Westar Properties, Inc., for Preliminary Plat of 3.6 acres into six (6) single family lots and road right-of-way to be known as Braxton Pond, based on plans dated November 15, 1991, subject to the recommendations of the Staff Report dated November • 22, 1991. Motion carried 6-0-0. W3\ '. •• • ( ( STAFF REPORT._·.·. nu __ ._ .. __ ._. H'_"_'_' .-,-.... .:... TImOUGH: .' ~2""Chris Enger, Director of Planning FROM: Donald R. Uram, Planner . . . . ". I ~. _ ........ _,'. . . _ -' .......... -.~.-......... " ... -...... _ .. DATE:-:·. "':'.""' "0':" 'November 22, 1991 .' SUBJECT: . . . .,._ ..... Braxton Pond APPLICANT: .. -' .: ,Westar Properties, Inc. -.... FEE OWNER: Eden Prairie School District LOCATION: South and west of the terminus of existing Braxton Drive REQUEST: BACKGROUND 1. Zoning District Change from Rural to Rl-13.5 on 3.6 acres. 2. Preliminary Plat of 3.6 acres into six single family lots and road right-of-way. R1-9.5* R1-13.S* This site is designated for development as Low Density Residential. Adjacent land is guided Low Density to the west and north, and the Cedar Ridge Elementary School is located to the west. This site is currently I ____ ~----~~~~~----._~--~~:JL~~~ zoned Rural.-"-,,,:~ ... ... . SITE PLAN/PRELIMINARY PLAT The site plan depicts the subdivision of 3.6 acres into six single family lots at a density of 1.6 units per acre. The lots range in size from 13,900 square feet to 32,800 square feet with a 19,633 square foot average. All of the lots meet the minimum requirements of the Rl-13.5 Zoning District. ACCESS Access to this site will be provided by the extension of Braxton Drive and Westar \ PRO~OSE:p1 ...... SITE I I ' ! I i I ~ , " -' ! I i I . i i ' : !; 1 ! ! I I ~ ; 1 ~ : : ~ r . .. , . .., "" -H \ ; I ::: til LTOO 9;;'~ I i \! . : i : I : . 'I i" I : , I !' I : : I "' .... t ., r . . i ! I ! : ~ l i \ A~EA LOCATION MAP'- .' • ..\ \ '*~--;:;; = -' , -~_.I .. ur~-f"--' --I L~L.I~~ ',,", .~ (' 4'ja ( ( I.2.ne.Westar Lane will provide access to the adjacent property to the west. The developer is petitioning for the construction of Westar Lane. Braxton Drive will be constructed by the City • and assessed to the adjacent property owners. Braxton Drive will include an 8' bituminous trail on the east side and a 5' concrete sidewalk on . the west side of the road. GRADING J.. ._ !.'" "'" . , ." ... _. ~ .. - Elevations on the site range from a high point of 884 along the west property line to a low point of 863 along the north property line within the pond area. Minimal grading is expected on the entire side to allow for road construction and building pads. Walkout lots are proposed along the pond. to the north to take advantage of exisiting slopes. There is an existing pond located to the west of Block 2 which has a lOO-year flood elevation of 879.9. The floor elevations of the homes in this area must be 2 feet above this elevation. The grading plan must be revised to reflect a minimum floor elevation of 881.9. The preliminary grading plan is subject to change based on the final road grades for Braxton Drive. UTILITIES Water and sanitary sewer service will be installed in Braxton Drive with the road construction. • Services will be extended in Westar Lane to provide utility service to the properties to the west. . .. Storm water runoff is proposed to be collected within a catch basin system and discharged into the pond along the north property line. STAFF RECOl\1MENDATIONS Staff recommends approval of the Zoning District Change from Rural to Rl-13.5 on 3.6 acr~s . and Preliminary Plat of 3.6 acres into six single family lots and road right-of-way based on revised plans dated November 15, 1991, subject to the recommendations of the staff report dated November.22, 1991, and subject to the following conditions: . __ . --_.- 1. Prior to City Council approval, proponent shall revise the grading plan to reflect a . minimum floor elevation of 881.9 for homes within Block 2. 2. Prior to final plat approval, proponent shall: A. Provide detailed utility, storm water runoff, 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, proponent shall pay the appropriate cash park fee. ',., .. ' -'. ..-.... 4. Submit a petition for the construction of Westar Lane. 5;' '''Development of the project cannot proceed until Braxton Drive is under construction . • • • • • • • · ... March 6, 1992 Mike Franzen City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Prairie Green Outdoor Storage Dear Mike: .... -.. ---.~-.----.---.... -. . -----. ----.-... , .. -_ ..... -. Cluts dBrien 6trother AQCHITEcr<£> We are requesting that the City Council withdraw the Prairie Green Outdoor Storage project from consideration for site plan review. The Owner is currently in negotiations that would alter the project . negotiations are complete the project may be resubmitted. Sincerely, CLUTS, O'BRIEN, STROTHER ARCHITECTS ~~11 Brian Cluts President cc: John Hay, Birchwood Laboratories When those • Eden Prairie Minnesota 55344 Phone: 6121941-4822 • • 7520 Market Place Drive .. . .~ • • PLANNING COMMISSION MINUTES JANUARY 27, 1992 B. NORMARK CORPORATE HEADQURTERS, by Normark Corporation. Request for Zoning District Change from Office to 1-2 on 3.77 acres, with variances to be reviewed by the Board of Appeals, and Site Plan Review on 3.77 acres for construction of a 48,000 sq. ft. office/warehouse building. Location: North of Nine Mile Creek, east of Golden Triangle Drive. (A public hearing) Steve Hoyt, representing the proponent, introduced Dan Russ, Russ Saulon, Jerry Floden, and Bob Miller, who would also be available for questions regarding the project. Hoyt stated that Hoyt Development would build and develop the property; however, the facility would be owned by Normark. He noted that this parcel was one of two left to be developed in Technology Park. Hoyt said that in 1985 they had received approval to construct a 5-story office building and in 1987 had come back for approval of a 3-story office building. Hoyt believed that office space was not a marketable product at this time. Hoyt further believed that this was a perfect site for the corporate headquarters for Normark Corporation. Hoyt noted that the proponent had tried to address all of the issues which would be sensitive for the Planning Commission and the City Council. An easement had been obtained from Technology 5 & 6 to direct the truck traffic away from Golden Triangle Drive. Hoyt reported that a 20-foot setback was required from the hill; however, because of the location of the creek, only a 10-foot setback could be accomplished. Some grading of the hill, which was now owned by the City would be necessary. Hoyt noted that the property would be restored and believed that there would be no detriment to the property. Hoyt noted that part of Nine Mile Creek was man-made in relation to the requirement for a 100-foot setback. Hoyt stated 3 , that the proponent had made an application to Nine Mile Creek, the DNR, and Army corp. Engineers. The proponent had been advise by the DNR that no permit was required and N Mile Creek had indicated they would act favorably regarding the project. Hawkins asked how many employees would be located at this site. Bob Miller, representing Normark, replied that presently there were 28 employees. Ruebling asked if the easement would be permanent. Hoyt replied that the easement would run with the property. Hoyt added that a sign would be placed on 76th Street to direct truck traffic. Uram asked Russ Saulon to address the architecture of the building. Saulon replied that the building was shaped largely by the property constraints. The warehouse would be to the east and the office located in the southwest corner of the building. The entrance to the building would on ground level and would blend into a walkout situation in the southwest corner of the building. Saulon stated that the employees would be able to walkout on the lower level onto a patio and go on to a pond area. The warehouse would be windowless. The warehouse walls and retaining wall would be of the same material. Saulon noted that the brick would be modular. Hawkins asked if the proof of parking area would be paved. Saul on replied that the proof of parking area would be left natural, but would be graded. Hawkins believed that this was an attractive building. Floden added that if the proof of parking was needed, the wall could be built f!lrther back. Hallett questioned if more trees and more of the hill would be lost if the wall needed to. relocated for proof of parking. Uram noted that this had been taken into consideration. Uram added that the trees were mostly poplar. Floden reported that the pond had been designed to handle this site as well as Technology 5 & 6. The storm water runoff would be captured with catch basins. Floden noted that the pond size was consistent with the Nine Mile Creek requirements and a plan had been submitted to the Army Corp of Engineers. Hallett asked if a permit was not required due to the size of the project. Flodin replied that a permit was not required because the project did not encroach on the DNR wetlands. Hawkins asked if there was a copy of the letter from the DNR on file. Uram replied yes. Floden submitted a copy of the letter from the DNR for the Planning Commission's review. Uram asked Floden to comment on the letter from Mary Krause. Floden replied that to achieve a 836 elevation filling of the DNR wetlands would be required. Uram stated that this issue would need to be resolved and believed that it could be 4 • • • accomplished by further discussions with the Engineering Department. Hawkins asked Staff to comment on the last paragraph of the letter from the DNR which stated that the project would not be compatible with the current State shoreline management guidelines. Dram replied that Eden Prairie had never met the State Shoreland Ordinances, but Staff was meeting with the State to try to get closer to meeting the State Requirements. Dram added that this was only a general comment on every project seen by the City. Dram stated that an onsite inspection had been done with the DNR. He added that State requirements were more stringent than the City'S requirements. Hawkins asked what aspects of the State requirements would have an affect on this project. Dram replied that he couldn't comment on this particular project. Ruebling asked if City requirements set precedence over State requirements. Uram replied that the State requirements were very strict; however, the City would like to be in conformance with what everyone else was doing. Norman asked if there was a distinction between commercial and recreational development. Dram replied yes. Hallett believed that there was too much building for this site. Hallett said that the building was beautifully designed; however, he questioned if the hill had been given to mitigate another project. Hoyt replied that the hill property had been given to the City for tax. credit purposes which had not worked out favorably for Hoyt Development. He added that the hill would be there forever. Hoyt noted that the project was below the Floor Area Ratio requirements and added that Technology Park as a whole had approximately 35 % less building space than could be built. Hoyt stated that less parking was required on this project than was previously approved. Dram replied that two projects had been previously approved on this site and the amount of grading and tree loss was close in comparison on all three projects. Dram added that approximately 760 caliper inches of trees would be replaced. Hallett questioned if there was enough room on this site to replace 760 caliper inches. Dram believed there would be adequate space available. Dram believed that this was a viable project. He did not believe that a 100% office project would ever be constructed and that the combination of office/warehouse was a good compromise. Dram added that the storm sewer pipe from Technology 5 & 6 would help clean up a current sedimentation problem. Dram reported that Staff was recommending approval of the project based on the Staff recommendations. Kardell noted that the Staff report referred to a very high retaining wall and questioned what alternatives had been discussed. Floden replied that-the retaining wall was 16 feet high along the comer of the truck parking lot, which blended into the hill, and which dropped rapidly in height. Flodin added that the proponent could not fill in the wetland area. Uram replied that an alternative would be to work with the adjacent property owner; however, permits would be required. Dram added that a 16-foot high wall was proposed now, but may not be necessary 5 L{47 ( ( in the future. Kardell asked if the pedestrian system would end and not connect to other trails. Uram repliOO. that previous Staff Reports did not discuss trails at all. Dram added that having the trail go down Golden Triangle Drive had been discussed and the trail connection was not a dead issue. Hallett asked if this project would be reviewed by the Park & Recreation Commission. Dram replied yes. Hallett asked if any permits were required by the DNR. Dram replied no. Dram added that the Watershed District would not review the project until it was reviewed by the City. Hallett asked if neighbors had been notified. Dram replied yes. Hallett commented that he would have preferred to have done a site review of the property. Scott Wallace, Sunnybrook Road, asked if the Planning Commission had seen the 1989 Shoreland Ordinance. He added that the City would be required to comply with the State Ordinance by 1993 and a 300 foot setback would then be required. Uram stated that this property could never be developed if a 300 foot setback were required. Uram noted that Staff was scheduled to meet with State officials on February 27, 1992 to discuss the Ordinance requirements further. Wallace stated that he was concerned about the rapid acceleration in development. Hawkins asked if the Planning Commission could be provided with the current State and Cite shoreland requirements. Uram replied that the City requirements were part of Chapter 11 in the City Code. Norman asked if there were other facilities which were located this close to the creek. Uram replied the Vikings training facility. Uram added that a site review had been done by Staff. Hawkins asked if any restrictive covenants had been placed on the hill property. Hoyt replied no and added that this was not part of the City Park system. Uram concurred that this was not part of the park system and added that there was not much that could be done with the property and it would just be left natural. Hallett questioned if it made sense to meet with the Park & Recreation Commission before meeting with the State. Uram replied that there had been ongoing discussions with the State. Hawkins asked where the Normark Corporate headquarters were located presently. Miller replied in Richfield. Hawkins asked how soon the proponent expected to break ground. Miller replied April. Norman believed that if other buildings in the area were located close to the creek then it may not be appropriate to change at this time. Norman added that she would like to see the City get 6 • • • • closer to compliance with State requirements . Kardell believed that the Staff Report was well done and the proponent had done a good job in dealing with the constraints of the property. Kardell believed it would make a nice addition to the community. Hawkins believed that the natural amenities which had attracted the proponent to the site had actually created problems for the development. Hawkins said that he was not ready to approve the proposal tonight. He added that he would like time to review the State requirements. Hawkins believed that it was important to consider the future and while the trade- offs might be appropriate he was not prepared this evening to make a final decision. Uram asked Hawkins if he wanted the Park & Recreation Commission to review the plan and then have the proposal return to the Planning Commission. Hawkins believed it was important to get input from the Park & Recreation Commission. Uram noted that Bob Lambert, Director of the Park & Recreation Department had participated in the site review. Norman believed that if Lambert was not in favor of the project, he would be present to voice an opinion. Hallett stated that he was inclined to abstain. He added that he couldn't give a strong reason for denial, but was not comfortable with approval. Hallett believed there was too much development on the site and he would like to hear from the Park & Recreation Department. Hallett noted that the variances would be determined by others . Ruebling believed that given what had been done in this area in the past the plan was consistent. He added that· the site was less than 4 acres. Ruebling believed that the office/warehouse combination created a better project for the site than previous proposals. Ruebling further believed that this type of business was appropriate for the site. MOTION 1: Norman moved, seconded by Kardell to close the public hearing. Motion carried 5-0-0. MOTION 2: Norman moved, seconded by Kardell to recommend to the City Council approval of the request of Normark Corporation for Zoning District Change from Office to 1-2 on 3.77 acres, with variances to be reviewed by the Board of Appeals, for construction of an 48,000 sq. ft. office/warehouse, based on plans dated, 1992, subject to the recommendations of the Staff Reports dated January 10 and 24, 1992. Motion carried 3-2-0. Hallett and Hawkins voted "NO". MOTION 3: 7 ( ( . ' V. Norman moved, seconded by Kardell to recommend to the City Council approval of the req. of Normark Corporation for Site Plan Review on 3.77 acres, for construction of an 48,000 ft. office/warehouse, based on plans dated, 1992, subject to the recommendations of the Staff Reports dated January 10 and 24, 1992. Motion carried 3-2-0. Hallett and Hawkins voted "NO". Hallett stated that the reason for voting against the project was that this was a sensitive area and he questioned where the Park & Recreation Commission was on the project. Hallett questioned if there would be a pedestrian and bike system. Uram asked Hallett if he would be comfortable to have a courtesy visit from the proponent after the plan was reviewed by the Park & Recreation Commission. Hoyt replied that he would be willing to return. Hawkins stated that his reason for voting against the project was the unanswered questions related to the possibility of a trail system, the encroachment on City land, and the conflict between the City and State Shoreland Ordinance requirements. Hawkins requested that a copy of the letter from the DNR be included as part of the record. Norman recommended that Staff let the Commissioners know if a lot of variances were required or if the site was tight and arrange for a site review by the Commission prior to the meeting. Hawkins stated that his concerns were with the property only and not the proponent. Haw. believed that Normark would be an attractive corporate citizen. OLD BUSINESS Hallett asked Staff to comment on the letter Peter & Gay Pope. Ruebling stated that this letter had not been submitted to the Planning Commission. Uram stated that if Staff had received the letter if was an oversite that it was not forwarded to the Planning Commission. Hallett believed that a letter of apology to the Pope's and a copy to Commission members would be appropriate. VI. PLANNERS'REPORTS VII. ADJOURNMENT MOTION: Hawkins moved, seconded by Norman to adjourn the meeting at 9:20 PM. Motion carried 5-0-0. 8 • • APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Feb. 3, 1992 V. -3- C. Reguest from Foxjet Swim Club Re: Additional Pool Time Refer to memo dated January 29, 1992 from Elyce Kastigar, Recreation Supervisor for Aquatics and Fitness. Tad Hauck, Head Coach of the Foxjets and Elyce Kastigar, Recreation Supervisor for Aquatics and Fitness were present at the meeting. Hauck is requesting additional pool space during the current scheduled practice hours at the Community Center for one additional lane on Monday and Wednesday from 6:00-7:30 p.m. and for two additional lanes on Tuesday and Thursday from 7:308:00 p.m. Kastigar supports the request, as it will not affect open swim or classes. MOTION: Lynch moved to recommend approval of the Foxjets request for additional pool space during their current scheduled practice hours. Vanderploeg seconded the motion and it passed 5-0. DEVELOPMENT PROPOSALS A. Normark Refer to memo dated January 30, 1992 from Bob Lambert, Director of Parks, Recreation and Natural Resources and staff report dated January 24, 1992. Lambert introduced Dan Ross from Hoyt Development. Ross introduced Jerry Flaherty from Ulteig Engineers. Flaherty reviewed the site which is located east of Golden Triangle Drive and north of Nine Mile Creek. The site ranges from 832 to 886 contours and the proposed building is to be located at mid point. A 32-34 1 retaining wall will be constructed and tree loss is expected to be 50.5% or 619 caliper inches. Less than 10,000 square feet of wetland will be filled and no permit will be needed from the DNR. Some grading will take place on City property in two different areas. Lambert asked Flaherty ~o show the Commission Normark's property line and where grading has already been done • He asked how much grading will be done on City property. APPROVED MINUTES ( Feb. 3, 1992 ~ EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. -4- Ross said that not more than 60' of grading will be done on City property. He gave the Commission a brief history of the site. Lambert said that about 50% of the trees on the existing site will be removed and a good portion of the trees are located on the 65' slope of the City property. Grading this area is the only way to construct a building on the site and variances are required from the shoreland management ordinances because of the setback from the creek. Lambert added that it is necessary to go to the site to determine whether the trail is necessary along Golden Triangle Drive and Washington Avenue. Lambert said that storm water runoff and water quality will meet requirements with the construction of the pool. Lynch asked under what circumstances variances to the. shoreland management ordinance are granted. Lambert . said they are generally granted if there is a hardship with no alternative to developing the site. Lambert added that the minimum lot size variance should be considered because of the land that was given to the City. However, the impervious surface is somewhat of a concern. Vanderploeg asked which direction will the building be facing. Ross said it will be facing mostly south. Bowman said since he has not been to the site, he would find it difficult to imagine a building of this size being constructed there. He asked why the City is allowing a variance on the three ordinances. Ross commented that the original PUD was for a 48,000 square foot, ten story office building with a two story parking ramp and this is a definite improvement over that plan. Ross added that the problem with the site if the setback variances are not granted is that the building would be too long and narrow. • • APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Feb. 3, 1992 -5- Lambert asked if the City Council has approved using tax increment financing or has the developer changed his mind. Ross said this is still being discussed. Bowman asked where the new trees will be added. Ross said that trees will be added in all areas on the site shown in green on the site plan. Richard said there already seems to have been a lot of give and take by the City and the developer and he asked at what point the City would decide that this site is not appropriate for a building of this type. Lambert said that development has already been approved on the site so eventually a building will be constructed there. Bowman asked if the developer met all zoning requirements, what type of building could be constructed on the site. Lambert said it would be a very strange looking building. Bowman said he is concerned that granting this number ·of variances will set a precedent for developers and he would have a difficult time supporting the request without seeing the site. Richard said that since the consensus of the Commission is that they would like to walk to the site, it may be necessary to hold a special meeting prior to the presentation to the City Council. He suggested meeting next Monday evening in conjunction with the park bond referendum meeting. After further discussion, it was decided that the Commission would meet at the site on Saturday morning at 9:00 a.m. Ross added that there will be another review with the Planning Commission next Monday and the plan is to be presented to the City Council on February 18. Richard suggested that the Commission meet on Saturday at 8:30 a.m. with a meeting to follow. The developer will also be present . ( UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION SATURDAY, FEBRUARY 8,1992 8:30 A.M. GOLDEN TRIANGLE DR NORMARK SITE COMMISSION MEMBERS PRESENT: Pat Richrd, Chair; Bruce Bowman, Joan Kube-Harderwijk, Diane Popovich Lynch, Del Vanderploeg, COMMISSION MEMBERS ABSENT: Paul Karpinko COMMISSION STAFF: Bob Lambert, Director of Parks, Recreation and Natural Resources I. ROLL CALL Commission members met at the site with representatives from the Steven Hoyt Company at 8:30 a.m. II. OLD BUSINESS A. Normark (continued from February 3. 1992) After walking the site and determining City boundaries, building boundaries, and grading boundaries, Commission members discussed the future potential of the site as well future proposal for other sites along the creek. Commission members also discussed the feasibility of a trail along the creek corridor, and the City's commitment to preserving certain features along the creek corridor. Lambert indicated that when property is guided for industrial, commercial or office, we can expect that in most cases one hundred percent of the site will be graded. The best we can hope for is to pick and choose what features are important to preserve and then to require dedication of those preserved sites or simply buy them to preserve them. Once the developer donated the wooded hill, at this location, it made the "Normark site" almost impossible to develop without setback variances from the creek. The decisions the Commission and the Council must make on the Normark site are not a choice between Normark and no development, but the choice between the Normark proposal and an office development that would have a smaller foot print for a building, but most likely would require more parking. In either case, 100% of the site will be developed. • • Bruce Bowman stated that he felt the amenities of the creek valley and the wooded knoll were the types of amenities that should be enjoyed by as many people as possible; therefore, he thought an office development made more sense • on this site than a warehouse. • • • Pat Richard believed that the low profile of the Normark proposal fit into the topography better than a four or five story office building and was comfortable with the proposal even though he was dismayed that all of the oak trees had to be removed and the massive grading on the site would significantly change the character of the creek Valley. He believed that would happen no matter what type of development would occur on this site. MOTION: Vanderploeg moved to approve the Normark request as per the Planning Staff and Parks, Recreation and Natural Resources Staff Report conditions, seconded by Kube-Harderwijk. Motion passed 3-2, Bowman and Lynch opposed. Meeting adjourned at approximately 9:30 a.m. Respectfully Submitted, Robert A. Lambert Recording Secretary Feb8minlbob ( ( STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: LOCATION: APPLICANT! FEE OWNER: REQUEST: c ( Planning Commission Chris Enger, Director of Planning Donald R. Uram, Planner January 24, 1992 Normark East of Golden Triangle Drive, north of Nine Mile Creek Steven Hoyt Company 1. Zoning District Change from Office to 1-2 on 3.77 acres with variances to be reviewed by the Board of Adjustments and Appeals. • 2. Site Plan Review on 3.77 acres for construction for a 48,000 • square foot office!warehouse building. liTH AOO'TIC~ ,:'ARK ;:'.1;r:. . <;l ~ ::;: .... ~, :;:: 0-z .L a: ~ T. ... '" • • • ( ( EXECUTIVE SUMMARY This is the third project that the City has reviewed on this property. The first was a five-story, 58,000 sq. ft. office building, approved in 1985. The last proposal was for a three-story, 27,000 sq. ft. office building. Because of the market for office space at the time of those proposals, neither of them proved feasible when it came time for construction. The current proposal is for a 48,000 sq. ft. office/warehouse building that will serve as Normark's corporate headquarters. They looked at many sites in the vicinity, but were attracted to the natural site amenities on this parcel. Those same natural features that originally attracted Normark have also proven to be the source of difficulties in the development of this property. This site requires significant site grading, both on the project site and on the City-owned property to the north, significant tree loss, Shoreland ordinance variances, fill within the flood plain and other wetland issues. Because of the costs associated with the development of this parcel, the Developer has also requested Tax Increment Financing (TIF). A presentation was made to the Council on TIF at its last meeting. The majority of the Council did not favor the use of TIF for this development; however, a final decision will be made regarding TIF when the Council reviews the development plans for this project. Staff believes this is a viable project and that any use proposed on this parcel would be faced with the same development issues. The Developer and Staff have been working on this project for several months and have addressed the issues to the extent possible . SITE PLAN This site is currently zoned Office according to the 1986 plan. The proponent is requesting a zoning district change from Office to Industrial to allow for the construction of a 48,000 square foot office/warehouse building that will serve as Normark's Corporate Headquarters. The current proposal compares with the 1986 approved plan as follows: \iUi .•.••• /U> .•. · .•...... <i>········.··\·····./uj.·.n •• ·· .• ·i .•••• •••·· •• ···.·1986 ••• }>roPO~;1·· .•. ··.p·/< •. /·I •••• ·· ••••• • •••• /criff~*t. ••• ~opo~l ••• · ••• i •••••• ·.·1 Square Footage 27,800 sq. ft. 48,000 sq.ft. Height 3 stories 2 stories Floor Area Ratio 17% 29.3% Shoreland Setback 150 feet 70 feet Parking 140 spaces 83 spaces By changing the use of the building from office to industrial, the Floor Area Ratio has been increased to allow for warehouse activity, however, the number of parking spaces has been 2 ( ( reduced by 57. Also by the increase in building square footage, encroachment within the • Shoreland setback from 150 feet to 70 feet is required. The current proposal meets all the applicable zoning requirements for the I-2 District except for the side yard setback on the north side and shoreland variances. The proponent is requesting a side yard setback variance from 20 feet to 10 feet. Access into the project site will be provided from Golden Triangle Drive and through the Tech 5 and 6 project located to the north of the project site. The main access to the office portion of the project will be from Golden Triangle Drive while all truck traffic will be routed through Tech 5 and 6 to the north and into the building from the east. Based on 10,000 square feet of office, 32,980 square feet of warehouse and 5,000 square feet of packaging, a total of 82 parking spaces are required. The plans depict 83 parking spaces with 15 spaces along the north property line next to Golden Triangle Drive designated as proof-of- parking spaces. These parking spaces will be required to be built if a parking shortage occurs. GRADING Elevations on the site range from a low point of 832 next to Nine Mile Creek to a high point of 886 along the north property line. To construct the building, the entire project site must be graded which would include grading within the flood plain to the south and on City owned property to the north. The grading limits on the City property will be at the 910 contour elevation or approximately 60 feet beyond the north property line. Based on a finished floor elevation for the building at 855, a cut of approximately 31 feet is required along the north property line and fill of approximately 23 feet required in the southeast corner of the building. The building is designed to act as a retaining wall along the north property line. Major grading requirements for the project include the construction of the sedimentation pond in the southeast corner of the project site, grading within the flood plain on the south side of the project to reduce slopes, and grading on the City property to the north to allow for building construction. Permission from the City, the Department of Natural Resources, Watershed District, and the Army Corps of Engineers is required to construct the project. Preliminary approval has been received from the Army Corps of Engineers to construct the sedimentation pond as proposed on the current plan. Because of topography and site design, a number of retaining walls are proposed. As indicated, the north building elevation will be used to retain the hill. There is also a retaining wall extension along the north property line to retain the hill next to the proof-of-parking area. Finally, a 16 foot high retaining wall is located along the east property line to allow for parking lot construction. We recommend that the proponent explore alternatives with the adjacent property owner to the east to reduce the height of this retaining wall. 3 • • • • • ( ( TREE REPLACEMENT/LANDSCAPING On previous Technology Park projects, the City has calculated tree replacement based on the total number of trees within Technology Park. For this project, tree replacement was calculated based on the number of trees on the project site and on the City owned property to the north. This figure is 1,564 caliper inches. Based on the current tree inventory, a total of 619 caliper inches will be removed from the project site and 172 caliper inches from the City property for a total of791 caliper inches for 50.5% tree loss. The Tree Preservation Ordinance requires 523 caliper inches of trees to be replaced on the project. In addition, the landscape ordinance outlines the caliper inch requirement based on the size of the building and the screening requirements for loading and parking facilities. Based on a building square footage of 48,000 square feet, a total of 237 caliper inches of plant material required for a total of 760 caliper inches. The landscape plan depicts a total of 762 caliper inches proposed. The landscape plan is designed specifically to reforest the hill (City property), screen parking and loading facilities and slope stabilization. ARCHITECTURE The two-story building proposes the use of three primary building materials, including burnished block, brick and glass. The two atriums proposed over the entrance and office portion of the building will be standing seam copper. Mechanical equipment is proposed to be screened by dark bronze colored vertical metal panel. Based on the design of the building, all loading facilities are located along the east building elevation. A total of 3 exterior truck docks and one enclosed truck dock are proposed. The primary concern of the loading facility in this location is screening. Because of the slopes on the site, screening must be done completely with landscaping. The landscape plan depicts 19, 14 foot high Colorado Green Spruce as the primary screening material. UTILITIES Water and sanitary sewer service are available to the project site through connections made to existing utilities within the City owned property to the north next to Golden Triangle Drive. Connections will be made at this location and extended to service the building. Water service is not available to the rear of the building. Because of this, an 8 inch service will be extended through the building with a wall hydrant located on the rear wall for fire protection. Storm water run-off is proposed to be collected within a catch basin system and through a roof drain system with all discharge into the sedimentation pond located in the southeast corner of the project site. The design of the storm water sewer system is subject to review by the City Engineer, the Watershed District and the U.S. Army Corps of Engineers (See attached Engineering Memo) . 4 ( ( SHORELAND ORDINANCE Nine-Mile Creek is classified as a General Development water. The Shoreland ordinance has the following requirements for abutting industrial lots: 1. Minimum lot size - 5 acres 2. Minimum width at building line -150 feet 3. Minimum width at O.H.W.M. -150 feet 4. Minimum setback from O.H.W.M. -150 feet 5. Impervious surface -30% 6. Height of structure -30 feet The project does not meet the following requirements: 1. Lot size -3.77 acres 2. Minimum setback -70 feet 3. Impervious surface -51.7% 4. Height -32 feet The variances are necessary considering the location of the creek and the City owned property, the width of the lot and the size of the building. The two previous proposals also requested similar variances that were approved by the Board of Adjustments and Appeals. It is expected • that any project proposed for this site would require these variances. The proponent has applied • for the March 12 Board of Adjustments and Appeals meeting . . TAX INCREMENT FINANCING (TID To offset some of the development costs for the project, the developer is requesting TIF. A presentation by the developer was made at the January 21, 1992 City Council meeting. At this time, a majority of the Council indicated that they did not favor the use of TIF for this project. Because it is the responsibility of the Council to make the decision regarding the use ofTIF, no action is required by the Planning Commission. A final decision will be made when the Council reviews the project. SIGNAGE/LIGHTING A signage and lighting plan has been submitted. Lighting proposed for the project includes parking lot and building lighting. All lights are designed as downcast similar in style to the lights used throughout Technology Park. Signage proposed for the building include both a wall and monument sign for building identification and directional signage for the trucks. 5 • • • • ( ( PEDESTRIAN SYSTEMS There is an existing 5 foot wide concrete sidewalk along the east side of Golden Triangle Drive and an 8 foot bituminous trail along the west side. The Eden Prairie Trails Map indicates a proposed trail along the north side of Nine Mile Creek in this area. The Director of Parks, Recreation and Natural Resources has visited the site and has stated that with the development of this project, the possibility of building a trail no longer exists because of the grading proposed within the floodplain. CONCLUSIONS In comparing this project with the previously approved projects, site impacts such as the amount of grading, tree loss and necessary shoreland ordinance variances are similar. Because of the amount of detail provided for each of the development proposals, general comparisons between them have been made. On all three proposals, grading is expected to occur up to the 890 contour elevation. Because of this, tree loss is expected to be the same on all three projects. However, the Tree Preservation Ordinance requires that Normark mitigate tree loss which totals 523 caliper inches. No tree replacement was required on the previous approvals. Also, all three projects propose fill within the floodplain. The amount of fill allowed is subject to Watershed District standards. Fill within the floodplain was acceptable on the previous proposals. Finally, all three projects require shoreland ordinance variances. Due to the size of the site, the location of the creek and the wooded knoll, the building and parking areas can only be placed in one location on the site. This location is within approximately 100 feet of the creek thus the requirement for shoreland variances. Previously requested variances have been approved by the Board of Appeals and Adjustments. STAFF RECOMMENDATIONS If the Planning Commission is comfortable with the project as proposed, Staff recommends approval of a Zoning District Change from Office to 1-2 on 3.77 acres with variances to be reviewed by the Board of Adjustments and Appeals, and Site Plan Review on 3.77 acres for construction for a 48,000 square foot office/warehouse building based on revised plans dated January 13, 1992, Staff Report dated January 24, 1992, and subject to the following conditions: 1. Prior to City Council review, proponent shall: A. B. Submit documentation from the Dept. of Natural Resources and the Army Corps of Engineers that the project meets their requirements. Submit samples and colors of the exterior building materials. 6 ( ( c. Submit retaining wall details. D. Provide additional detail on the installation of Enka Mat erosion control fabric. E. Provide additional information on how roof drainage is handled. 2. Prior to grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. c. Stake the grading limits with a snow fence. Any tree loss outside the proposed grading limits shall be replaced on an area inch per area inch basis. D. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. E. Submit detailed storm water run-off, erosion control and utility plans for review by the City Engineer. 3. Prior to building permit issuance, proponent shall pay the cash park fee. • 4. Use alternative construction methods for sewer and water connection to existing stubs to • save trees. 5. Guarantee construction of proof-of-parking spaces if required. 6. Review alternatives to the 16 foot high retaining wall along the east property line with the adjacent property owner. 7 I-J..S7 ! r • • • • ( ( l\1EMORANDUM: TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Carl Jullie, City Manager FROM: Robert A. Lambert, Director of Parks, Recreation and Natural Resources ~ DATE: January 30, 1992 SUBJECT: Supplementary Staff Report to the January 24, 1992 Planning Staff Report for Normark The major parks, recreation and natural resources concerns relating to the Normark proposal include: • Grading • Tree Protection • Shoreland Ordinance • Trail Access • Storm Water Runoff/Water Quality City staff would recommend each Commission member take the time to walk the site prior to the February 3rd meeting, if possible. The site has been staked, so you're able to determine City boundaries as well as location of the building. GRADING: In order to construct the building proposed, the entire site must be graded, including grading within the floodplain to the south and on City owned property to the north. As the January 24th staff report indicates, a 31 foot cut will be required along the north property line and a 23 foot fill will be required along the southeast corner of the building. The major parks, recreation and natural resources concerns relate to the grading within the wooded hill that was dedicated to the City for park purposes several years ago. The goal of the City has always been to attempt to allow development to occur along our creek valleys; yet, to maintain the general character of the creek valley preserving as many land forms as possible, as well as preserving significant vegetation along the creek valley edge. Although the top of the hill would still be able to be seen over the top of the building. the placement of a building of this scale in this location effectively eliminates the natural character of the creek corridor and significantly reduces the value of preserving the wooded hill to the north. ,,' Normark January 30, 1992 Page 2 ( ( It is important for Commission and Council members to take an on-site inspection of this site to determine the existing character of the creek valley, considering the location of buildings that have already been constructed, as well as attempting to visualize future buildings further to the east on the north side of the creek, and to the west on the south side of the creek. Although the trail around Smetana Lake will offer some great views of the lake, and the City has done a relatively good job of preserving a significant amount of wooded area on the southeast side of Smetana Lake and the south side of the creek a trail along the floodplain between Golden Triangle Drive and Washington Avenue would not provide the same quality experience. Other than the City-owned wooded hill, the terrain is relatively flat, open floodplain all the way to Washington Avenue. TREE PROTECTION: The Planning Staff Report indicates that 619 caliper inches of significant trees will be removed from the project site, plus an additional 172 caliper inches (16 significant trees) from the city property for a total of791 caliper inches. This represents 50.5% tree loss from the project site and the City parkland. The developer is using the City owned property to figure total trees as the developer donated that property to the City for park purposes with the understanding that • they would be able to use the trees on that site in determining tree replacement. The average • amount of trees removed from a site through development is approximately 30%. The landscape plan depicts a tree replacement of 762 caliper inches, which would meet the Tree Replacement Ordinance. This would include reforesting a portion of the City property that would be graded to accommodate this building. SHORELAND ORDINANCE: The minimum setback for general development of waters as defined by the City of Eden Prairie Shoreland Ordinance is 150 feet. The minimum lot size within the shoreland area is 5-acres. The maximum impervious surface allowed by the City'S Shoreland Ordinance within the shoreland area is 30 %, and the height of a structure within the Shoreland Ordinance is 30 feet. This project would require variances for each of those requirements. This lot size is 3.77- acres, the minimum setback on this project is 70 feet, the impervious surface is 51. 7 % and the height building is 32 feet. These variances are necessary considering the location of the creek and the City owned property, the width of the lot and the size of the building. This property would be relatively unbuildable without variances from the lot size and minimum setback, no matter what type of building would be proposed on this site. Two previous proposals also requested similar variances and were approved by the Board of • Adjustments and Appeals. , .. ' • • • ( ( Normark January 30, 1992 Page 3 TRAll. ACCESS: The Park and open space system trails plan projects a trail along the north side of Nine-Mile Creek from Golden Triangle Drive to Washington Avenue. With this proposal there are four options to complete a trail connection between Golden Triangle Drive and Washington Avenue: 1. Require the developer to construct a retaining wall in the 2-1 slope adjacent to the creek, and construct a 10 feet wide trail pad in order to get a trail from Golden Triangle Drive to the northeast comer of this site. The estimated cost to the developer would be approximately $50,000. 2. Construct a "floating boardwalk" within the creek valley to the east side of this site. 3. Construct a stairway up the west facing slope of the hill with a trail over the top of the hill and a stairway down the east facing slope; then construct a trail connection to the northeast comer of the project site. 4. Abandon the idea of a trail along the creek corridor along Golden Triangle Drive and Washington Avenue and follow the existing sidewalk/trail system along Golden Triangle Drive north to West 76th Street; then easterly to Washington Avenue. The main reason for extending a trail to Washington Avenue is to provide a loop trail north on Washington Avenue to the trail along Valley View, as well as providing a trail south that would eventually cross 494 and tie into the trail system in the Anderson Lakes/Tierney Woods/Hyland Park trail system. City staff do not believe that the trail connection should be a determining factor on whether or not this development proposal should be approved for the following reasons: 1. A trail connection between Golden Triangle Drive and Washington Avenue is not a particularly scenic creek corridor connection, and will be difficult to develop with or without the Normark development. 2. Anyone of the other three trail options are extremely expensive, and it is questionable whether or not this trail connection warrants that type of expenditure considering the number of people that might use this portion of a trail connection. 3. The feasibility of future trail connection south across 494 and to Anderson Lakes is questionable, simply because of the lack of residential development in this quadrant of the City that would demand an extremely expensive trail crossing 494 at that location. If that trail connection ever is needed in the future, the City could revisit the feasibility of constructing a trail within the floodplain between Golden Triangle Drive and Washington Avenue. LImo ( ( STORM WATER RUNOFF/WATER QUALITY: This development proposal will require a Corp of Engineers and DNR permit for construction within a wetland. The storm water holding pond that will be developed will be required to meet all storm water runoff and sedimentation requirements, as well as erosion control methods for protecting the floodplain and Nine-Mile Creek. The site is extremely difficult to develop because it is relatively small, and requires soil corrections to develop any type of building, and it is within the shoreland management area. Obviously, this development would work better on a larger site; however, Normark is very excited about developing on this particular site and has made a great effort to work with what is available. It will be very difficult for any type of development to fit on this site and Commission and Council members must decide whether or not this is the best use for this piece of property. STAFF RECOMMENDATIONS: If the Parks, Recreation and Natural Resources Commission is comfortable with the project as proposed, staff recommends approval of a zoning district change from Office to 1-2 on 3.77- acres with variances to be reviewed by the Board of Adjustments and Appeals and site plan review on 3.77-acres for construction of a 48,000 square foot office warehouse building based on revised plans dated January 13, 1991 and the Planning Staff Report dated Janaury 24, 1992. • Staff would further recommend #4 of the trail access options, which would abandon the trail • along the creek if this proposal is approved. RAL:mdd normarkl14 • • • • ( ( -MEMORANDUM- TO: Planning Commission THROUGH: Alan Gray, City Engineer FROM: Mary Krause, Project Engineer DATE: January 23, 1992 SUBJECT: Normark Storm Sewer Retention Pond The storm water holding pond design calculations for the proposed Normark site have been reviewed by staff of the Engineering Department. The pond design as submitted is based on NURP requirements for a 2.5 inch rainfall event. The frequency of this event falls between one and two years. The typical City requirements for a storm water holding pond is to be designed for the critical lOO-year storm -usually between a four to six inch rainfall event. This site, however, is directly adjacent to the Nine Mile Creek and the main purpose of the pond is not detention of storm water, but retention of phosphorous and sediment. If an intense storm event would occur greater than the pond design, the overflow would be directed into Nine Mile Creek without damage to any structures. Based on this, staff feels that the proposed pond design is adequate with the following recommendations: 1. The berm separating the pond and the creek have a minimum top elevation of 835.0 equivalent to the lOO-year flood elevation of Nine Mile Creek. 2. The emergency overflow channel should be rip-rapped to minimize possible soil erosion from pond overflow. MK:ssa Dsk.MK.NORMARK ( STATE OF ~~(g~©iJ'~ ~( DEPARTMENT OF NATURAL RESOURCES METRO WATERS -1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 772-7910 January 14, 1992 Mr. Don Uram city of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 FILENO. RE: NORMARK SITE, NINE MILE CREEK AND WETLAND 27-1012W, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Uram: In conjunction with the follow up for our January 9, 1992 on-site meeting, I have reviewed the existing topography and field shots (dated 12/23/91) received from Ulteig Engineering. Based on these field shots, clarification of the preliminary grading plan (dated 12/27/91), and observations on-site, we have determined that the proposed grading and construction activity is outside of wetland 27-1012W. Therefore, no DNR protected waters permit is required. We recommend that native vegetation be used for the revegetation • and stabilization of the disturbed areas, particularly in the • treatment pond area and adjacent to the creek. In general, an effort should be make to retain as much of the natural character of the floodplain and bluff/steep slope areas as possible. Other than the discussion of possible encroachment on wetland 27- 1012W and need for a DNR protected waters permit, the specific comments made in my January 7, 1992 letter to the city continue to be applicable. In particular, we are still concerned that the proposed project, while meeting the city's current shorelanq management regulation~, is not compatible with the current state shore land management guidelines. Please contact me at 772-7910 should you have any further questions on this matter. Sincerely, ~ _~I;-: -+-p=:::;=-L..--~~ Ceil Strauss Area Hydrologist cc: Jerry Floden, Ulteig Engineers, Inc. Bob Obermeyer, Nine Mile Creek WSD Joe Yanta, USCOE Wayne Barstad, DNR Ecol Services Nine Nile Creek file 27-1012W file AN EQUAL OPPORTUNITY EMPLOYER • ( c (pr)(~r l ~ . .-----------_WE'VE GOT SPACE TO FILL __________ ...., January 16, 1992 Mr. Doug Tenpas Mayor City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Doug: It's a pleasure to bring before the Planning Commission and City Council our newest project, which is a design-build corporate headquarters for Normark Corporation. There are not that many new development opportunities in today's market, so we feel doubly fortunate to be associated with such a fine company as Normark. I have been working with Ron Weber (President and founder of Normark) for six years. We have looked at many sites and buildings over this time. Although he has many alternatives to choose from, this location within Technology Park is his preferred building site. We have spent hundreds of hours designing a building which will fit on this most difficult site. Many development constraints have impacted this design, including topography, soils,setbacks and wetlands. We will need to do some grading on City owned property to the north (this is the hill which we donated to the City 12127186); we will be restoring any disturbed areas during construction. The proximity to the Creek requires us to do grading and slope work in the creek/wetlands area. We will do this work in accordance with Army Corps, Nine Mile Creek Watershed, and City of Eden Prairie requirements. This grading and si te work is necessary, gi ven the tight site constraints. Ultimately, Ron was concerned with how this new building might blend in with the natural creek-side environment. I think the final pro- duct is a success and shows what an owner-user can achieve with a well-thought out planning process. We and our consultants have had many meetings with City Staff. They have been supportive of the project while respecting the various rules and regulations that have to be dealt with. Through this process we have identified several key issues. We think we have been responsive to these wetlands and setback issues, although our development budget has been stretched further than planned. We are asking the City to assist this project with tax increment financing. This assistance will be used solely to defray the extraordinary site development costs caused by the unusual constraints. Other regulatory agencies have been dealt with including the ONR Army Corps and Nine Mile Creek Watershed. We are working with the Watershed to confirm that we are exempt from the new wetlands mitigation legislation. The other approvals appear to be in hand. HOYT PROPERTIES, INC. 7825 WASHINGTON AVE. SOUTH. SUITE 675. BLOOMINGTON, MN 55439. (612) 941-8200 FAX: (612) 941-8232 January 16, 1992 Mr. Doug Tenpas Page Two ( ( This projects represents an aesthetic improvement over previously approved office buildings on this sensitive site. We are requesting a zoning district change from Office to Industrial to accommodate this corporate headquarters. Although this building will not maximize the development potential of the site in terms of size, I can't imagine a better building for Normark. Given the fact that Normark's business is distribution of fishing lures and equipment, I think the site and the user are a perfect match. We are confident that we can work together to bring Normark and its fine employees to Eden Prairie. Very truly yours, HOYT PROPERTIES, INC. SBHllap • • • • • • PHONE NO. . ( ( r! STATE OF [NJ~~~©lJ& DEPARTMENT OF NATURAL RESOURCES METRO WATERS -1200 WARNER ROAD, ST. PAUL, MN 55106 772-7910 FILENO. January 7, 1992 Mr. Chris Enger City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: NORMARK SITE, NINE MILE CREEK AND WETLAND 27-1012W, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Enger: We have reviewed the site plans (received December 31, 1991) for above-ref erenced proj ect (Section 12 , T. 116N, R. 22W). In general, we see many problems wi th the current proposal and recommend that the city not accept the plan in its current form. Specifically, we have the following comments to offer: 1. Protected waters Nine Mile Creek and wetland 27-1012W are on the proposed site. Any activity below the ordinary high water (OHW) elevation, which alters the course, current or cross- section of protected waters or wetlands, is under the jurisdiction of the DNR and may require a DNR protected waters permit. The OHW for Nine Mile Creek is the top of the bank. The OHW for wetland 27-1012W was estimated as 832.0' in connection with another project in the area. However, the OHW should be reevaluated in view of this proposal, and it is quite possible that a more detailed investigation will result in an OHW elevation higher than 832.0'. 2. It appears that the proposed fill in this project would encroach on wetland 27-l0l2W and that other alterations to wetland 27-l012~'l would occur with the construction of the proposed stormwater detention pond. since filling below the OHW for upland development is prohibited, and the DNR is generally opposed to using DNR wetlands as sedimentation basins, it is unlikely that a DNR permit would be approved for the project as it is currently proposed. 3. DNR protected wetland 27-l0l2W should be labelled as such in future plans or plats and the estimated OHW should be noted. 4. The 100-year flood elevation Nine Mile Creek appears on the plans, which is good. All work must comply with applicable floodplain regulations of both the city and Nine Mile Creek Watershed District . AN EQUAL OPPORTUNITY EMPLOYER ( ( Mr. Chris Enger (Normark) January 7, 1992 Page (2) 5. The site is within the shore land district of Nine Mile Creek (300 feet from the creek or the width of the 100-year floodplain, whichever is greater). The development must be consistent with the city's shore land management regulations. The city is in the process of updating its shoreland management ordinance to be consistent with the 1989 version of the state guidelines, however, I see several areas in the current Normark proposal that could potentially be in conflict with the current state shore land guidelines: a. Portions of the site contain bluffs (i.e. slopes that average 30 percent or greater and rise 25 feet above the top of the bank) along Nine Mile Creek. The bluffs themselves, and a buffer zone within 20 feet of the top of the bluff, should not be disturbed and all structures should be setback at least 30 feet from the top of the bluff. b. c. other portions of the site contain steep slopes. Topographic alterations should be minimized in this area . The vegetation and topography should be retained in a natural state in the shore and bluff impact zones. The minimum shore impact zone is a 25 foot strip along both sides of the creek. See the state shoreland management guidelines and sample ordinance for more details on what can be allowed in the impact zones. 6. It appears that most of the stormwater would be routed through a settling basin which is currently proposed to be located within wetland 27-1012W. As mentioned above, it is unlikely that this type of alteration of the wetland would be allowed, so an alternative stormwater management plan must be developed. We would object to having the stormwater routed directly to either Nine Mile Creek or wetland 27-1012W. 7. It appears there may be other not under DNR jurisdiction. should be consulted regarding for activities in wetlands. wetlands on the site that are The U. S. Corps of Engineers pertinent federal regulations • • In addition, the Minnesota Wetlands Conservation Act of 1991 (Chapter 354) places a moratorium on the filling of wetlands, beginning January 1, 1992, unless a local governmental unit (i.e. city or watershed district) verifies that the values of the wetlands will be replaced. The Minnesota Board of Water • (j b f ) i . • • ( Mr. Chris Enger (Normark) January 7, 1992 Page (3) ( and Soil Resources (296-3767) should be contacted to obtain more information concerning this law. 8. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 9. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. You are advised that it typically takes approximately 60 days to process the permit application. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist cc: Bob Obermeyer, Nine Mile Creek WSD Joe Yanta, USCOE Wayne Barstad, DNR Ecol Services Nine Nile Creek file 27-1012W file ( ( DEPARTMENT OF THE ARMY REPL'I'TO A TT~NTION O~ Construction-Operations Regulatory (92-0l917-NW-92) Gerald Floden U1teig Engineers, Inc. 5201 East River Road Suite 308 ST. PAUL DISTRICT. CORPS Of ENGINEERS 1421 U.S. POST OffiCE & CUSTOM HOUSE ST. PAUL. MINNE:SOT~ 5510J-147! January 10, 1992 RECEIVEC JAN 141992 DUElS 'ENG INEER.S , \NC, Minneapolis, Minnesota 55421 125 YEARS 1866-1991 Re: Normark Site, South Fork Nine Mile Creek and Adjacent Yetlands, SE 1/4 Sec. 12, T. 116 N., R. 22 Y., Hennepin County, Minnesota Dear Mr. Floden: We have reviewed the information provided us about this project. It appears that the project has been designed to require no more than the 10,000 square feet of fill allowed under the eXisting nationwide permit, plus excavation of a storm water pond. The work is authorized by a nationwide Department of the Army permit, provided the enclosed conditions and management prac.tices are followed. This determination covers only the project referenced above. Should the design, location, or purpose of the work change, contact us to make sure a violation would not occur. It is the permittee's responsibility to insure that the work complies with the terms of this letter and the enclosures AND TO OBTAIN ALL REQUIRED STATE AND LOCAL PERMITS AND APPROVALS BEFORE PROCEEDING YITH THE WORK. This verification will be valid until the nationwide permit is modified, reissued, or revoked. All the nationwide permits are $cheduled to be modified, reissued, or revoked prior to January 13, 1992. It is incumbent upon permittees to remain informed of changes to the nationwide permits. However, if the activity commences, or is under contract to commence, before the date the nationwide permit is modified or revoked, the permittee will have 12 months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. For the purposes of this permit, it appears that engin8ering and other work has begun on the project. If the work in the MAKING A DIFFERENCE One hundred twenty-five years of dedicated engineering and professional services Ll~1 • • • • • ( -2- wetland 1s not completed by January 12, 1993, you should contact us. The nationwide permits scheduled to take effect on January 21, 1992, are similar to the existing pe4:mits, but SOme of the specific conditions may differ. If you have any questions, contact Joe Yanta at (612) 220-0362. Sincerely. ~~~ ~:P~egUlatory Branch Enclosures Construction-Operations Division Determination: Title 33 Code of Federal Regulations 330.5 (a) (26) -Fill in headwaters and isolated wetlands. Copy Furnished: Stephen Dupont Normark Corporation 1710 East 78th Street Minneapolis, Minnesota 55423 '.... ~ ..... ,_,,--, '-'I..... , l-J. ,_< _, "_, J. I ''--I.-, .. _' J. I 1'._. U.":IU ru~ t1(NNl;;$01:A Author1ty ror the rollo~1ng ~t1vtt1e9 1~ &1ven at ,~ Code oC Federal Re&U1at1.oo.:s (ern):" ~~~O.5(a)(26) D1schar&C$ or drcd&ed'or r~11 mater1.a1 ~uto the ~atcrs ~e4· in par~aph3 (a.)(26)(.1) ;wd. (11.) or tMs aeotion except thosc vh.1ch c~t13e the lOfJ8 or ftUb.stant1al. advcrzse mod1f1cat1ou. oC 1.0 acres or more of such vaters or the Un.1ted State$. includLng vctlan~. For ~uchar~es vhich c~Use the lOGS or csubst.ar:tt1.al. adverse mociU.1cat1.on of one to ten acre:l or ClUcb. v.a.tcrd • .1.nclu~ vetla.ads. Q.ot1.f1.ca.tiQJ1 ~ the dJ.tltr1.ct eI1.g:inccr 1.s rc::qu;1.rcd in tWcord.ancc ~ th SeQt1.~n: ,.,.0 . .'7 -Q1:tlU.s :seot1.ol1. (Sect1.on -404-) "(1) Kon-t1~ rivers. stre~. and ~e1.r lakeu ~ impoundment.,:. inolucUng e.dJacent vctl~d$. 1;h3.t are l.oc~ted. lUlove -the head v.a.tcr:s. (11) Other non-t1.da1 vaters of the U~ted Stites. . . 1ncluditl& adjacent VctJ.ancU!. that arc uot .part of. trorface tr.1'but~T system to:1nterstate vaters or uaV1&ablc vaters 01: the Uu;1ted States (~.e •• Lsolated v.a.tcr:s)." Regional Conditions Any pcruon intending to discharge dredged or Clll mater1.al into'M1~c~Qta de~1gnated ~Protectcd Vaters· uha1l ~ub~t an application to the M1unc30ta Department of Natural Re80urccs (MONa) bc{'orc beg1Wl.iQ& vork. .J..otiv1.t1es are authQ~1~ed under ~~1d nat~Q~vt4c permit a£tc~ the .p~11cant obtains all. appl1cable Minnesota Ocpart2l1cnt of: NatUt'al Re~ources (MONa) and/or 111,nnesota Poll.ution Co~1;t<ol ~encT (KPCA) per"1:I11ts and a:pproval:!. \lark maJ'" proceed upon receipt of 3.11 appl.J.cablc MOHR a»..d/or MPCA perlll.its 4.D.d. approvals. Other State and local author1~ation~ ~ay b~ required. This d1achar~e of dredged or fill matcrl~l ~ould caUSe the loss or Guo3tantial adver6c ~odlficat10o 0(: tC3~ t~~~ onc ac~c of ~~ter3 of the United St~Le~ Uctvc::c::n t ;"Uld 10 ~crC:i of "''.l..tct':J of the Unitcd State:: ~:/Ir, I (.)J7 I l.w: Llci • • • • • • ( u::,u r-U~ -'Hi~ l~ "::,~ It::.: CI8 ( Regional Cond1t1on~ (~onttnucd) ~M~jO~1tX oC the Project DO~5 Hot Require Stat~ ~e~mlt3 andro~ A£2~ovals Thi3 uat1ou~idc permit 13 ~ubject to Rc~ional CondltioQ3 that al~ov only proj ect:5 that vould <!raitt.. t"il1. or inW1.uto an area ot: LESS :tJl}J{ 10.000 SQOARE FEE! ot va~er~ ot" the United States. ~he projec~ 1nvolvc3 a d18charge ot" dredsed Qr rill ~ter1al 1tt.to the !,olloving area(s): . C_J mou:r s:rruuMS -the: he2.d. vater'll (and <ldjacent _vctl=~) and. the tr1.butarie~ (a.u.d. adjaccnt·vetl~) or thc~e s~ream8+ (] P'RDER.U. \ITLD .ll{O SCER.IC RrV'EaS (sr. CROIX RIVER) -aJ.l head va.tcr3 (and. adjacent vetlands) at" the'lSc str~<lIUS. LAKES/VETLllIDS LMlaEa 'J:IDJ{ 10 .ACRES -ul 'letl..anci3 adjacent to thc:se vater lake'll .and-vetl2l1d.r1:_ 'the:se are~ are 1dcnt:Lf'1cd. by KDNR on. thcir ·Public Vater'll/Vetl~~'~entor7« ~~. (_'_] S'!.ATE PROIECn:o V.ATERS LARGER nI.U{ to Acro::s -vct1an<i3 adj acetl.t to these isolated. ya,ters. 7hc:oc 1akes are 1d.en:t1!'1.ed. bT MDNR ott. their ·Publ1.c.VaterQ/Wetlatt~ Inven~Qry· ~~. fill [:=1 ~eca~se che p~oject does not involve a dischar~e of dredged or ,~aterA~l ~nt~ an~ of the a~eas listed above, this nationwide pe~it authorLzes fLll ~n waters of the United Staces (including wetlands) Chat causes the loss or substant1al adve~se modification of 1ess chan one acre of wate~s of the United States . ... "'.' ................ , .. ~~ .. ~::. ,. M ~ J") t-o III C ., (;I r- ,,) GJ The following SPECIAL CONDITIOlIS must be followed in order for the nationwide permits to be va'lid: 1. intake: That any discharge of dredged or fill material will not occur in the pro~imity of a public water supply 2. That any discharge of dredged or fill material will not occur i'n areas of con~entrated shellfish production unless the discharge is directly related to a shellfish harvesting activity authorized by paragraph (a)(4) of this section.: 3. That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act or destroy or adversely modify the critical habitat of such species. 4. That the activity shall not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water); 5. That any discharge of dredged or fill material shall consist of suitable material free from toxic pollu- tants in toxic amounts. 6. That aoy structure or fill authorized shall be properly maintaine~ 7. That the activity will not occur in a component of the National Wild and Scenic River sr~tem: nor in a river officially designated by Congress as a "study river" for possible inclusion in the systen. ~hile the river is in an official Btudy status: 8. That the activity shall not cause an unacceptable interference with navigation; 9. That. if the activity may adversely affect historic properties which the National Perk Service has listed on or determined eligible for listing on the National Register of Historic Places~ the permittee ~ill notify the District Engineer. If the permittee encounters·. a historic property that has not been listed or de-termined e1 igibl e for listing on the National Register~ but which. may be eligible for listing on the iiational Regist:er. he/shewill notify the District Engineer. lQ Tha~ the construction or operation of the activity will not impsir reserved tribal right~. including. but not limited to. reserved water rights and treaty fishing and huntins rights; 11. That in certain ststes. an individual state water quality certification must he obtaine.i or w8ived~ 12. That in certain states. an individual state coastal zone management consistency conc~rrence must be obtained or waived: 13. That the activity will comply with regional conditions which may have ~een added by the Division Engineer; ~ That the management practices shall be fOllOW~ the maximum extent practicable. (See reverse •. ) , , r ~( 1"', d r, ~ c c (I e e e· The following HANAGEMENT PRACTICES shall be followed. to the maximum extent practicable. in order to minimize the adverse effects of these discharges on the aquatic environment. Failure to comply with these practices may be cause for the District Engineer to recommend. or the Division Engineer to take. discretionary authority to regulate the activity on an individual or regional basis pursuant to Section 330.8 of this part:. 1. Discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the use of other practical alternatives. 2. Discharges in spawning areas during spawning seas~ns shall be avoide~ 3. Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 4. If the discharge creates an impoundment of water. adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restri<:tion of its flow shall be minimized. S. Discharge in wetland areas shall be avoide~ +:. 6. Heavy equipment working in wetlands shdl be placed on mats • ...J ~ 7. Discharge into breeding aress for migrdtory waterfowl sholl be avoide~ \ ..h 8. All temporary fill s shall be removed in their entirety. ---J \J~ ---------------~-------------------------------------------~--------------~-~-------------------------~------- Nationwide permits do not obviate the need to obtain other federal. state or local authorizations required by law. do not grant any property rights or exclusive privileges, do not authorize any injury to the property or rights of others. nor do they authorize interference with any existing or proposed federal project. -------------------------------------------------------------------------------------------------------------------- Modification. Suspension or Revocation of Nationwide Permits: The Chief of Engineers may modify. suspend. or revoke nationwide permits in accordance with the relevant procedures of 33 eFR 325.7. Such authority includes, but is not limited to: adding individual, regional. or nationwide conditions: revoking authorization for a category of activities or a category of waters by requ1rlng individual or regional permits: or revoking an authorization on a case-by-case basis. This authority is not limited to concerns for the aquatic environment as is the discretionary authority in section 33n8. f f ( ~( 1"'., , ;J r ! 'J [, r o C I.J MARCH 10.1992 22269 SENSIBLE LAND USE COALITION 22270 OMNI GEORGETOWN CONFERENCE-ADMINISTRATION/PLANNING DEPT CONFERENCE-CITY COUNCIL/ADMINISTRATION -INSTALLED LOW INTENSITY INFRARED HEATER-.71 CENTRAIRE INC -IN FIRE STATION 2/RELOCATEO EXISTING 22272 22273 22274 22275 22276 22277 22278 22279 22280 22281 22282 22283 22284 22285 22286 22287 22288 22289 22290 22291 22292 41 93 94 295 22296 22297 22298 22299 22300 22301 22302 22303 22304 22305 22306 22307 22308 22309 22310 22311 22312 22313 22314 22315 22316 22317 • 18 19 -HEATERS TO ~EPLACE PO)~ HEATERS IN STATION 3 EXECUTIVE DIRECTOR-PERA PAYROLLS 1-10-92/1-24-92 EXECUTIVE DIRECTOR-PERA PAYROLL 1-24-92 EXECUTIVE DIRECTOR-PERA PAYROLL 2-7-92 FEDERAL RESERVE BANK PAYROLL 1-24-92 SAVINGS BOND FEDERAL RESERVE BANK PAYROLL 2-7-92 SAVINGS BONDS FIRST BANK EDEN PRAIRIE PAYROLL 2-7~92 GREAT WEST LIFE ASSURANCE CO PAYROLL 1-24-92 GREAT WEST LIFE ASSURANCE CO PAYROLL 2-7-92 HENN CTY SUPPORT & COLLECTION SER PAYROLL 1-24-92 CHILD SUPPORT DEDUCTION HENN CTY SUPPORT & COLLECTION SER PAYROLL 2-7-92 CHILD SUPPORT DEDUCTION ICMA RETIREMENT TRUST-457 PAYROLL 1-24-92 ICMA RETIREMENT TRUST-457 PAYROLL 2-7-92 INTERNAL REVENUE SERVICE PAYROLL 1-24-92 INTERNAL REVENUE SERVICE PAYROLL 2-7-92 MINNESOTA UC FUND 4TH QUARTER 91 UNEMPLOYMENT COMPENSATION MN STATE RETIREMENT ASSN PAYROLL 1-24-92 MN STATE RETIREMENT ASSN PAYROLL 2-7-92 MN TEAMSTERS CREDIT UNION PAYROLL 1-24-92 MN TEAMSTERS CREDIT UNION PAYROLL 2-7-92 NORWEST BANK HOPKINS PAYROLLS 1-10-92/1-24-92 EXECUTIVE DIRECTOR-PERA PAYROLL 1-24-92 VOID OUT CHECK FDSOA HOPKINS POSTMASTER PETTY CASH NORTHERN STATES POWER COMPANY SIR MILES INC CAREER TRACK SEMINAR FMAM-FSE MN RECREATION & PARK ASSN VOID OUT CHECK UNIVERSITY OF MINNESOTA M P S A TITC THE STATE OF MINNESOTA MN DEPT OF REVENUE EAGLE WINE CO GRIGGS COOPER & CO INC PRIOR WINE CO ED PHILLIPS & SONS CO QUALITY WINE & SPIRITS CO JOHNSON BROTHERS LIQUOR CO THE WINE COMPANY WINE MERCHANTS SUSAN AGNEW BETTY BRUMM JOANNE CANAVAN GAIL CASSADY CONFERENCE-FIRE DEPT POSTAGE-PARK REFERENDUM INFORMATION EXPENSES-POLICE DEPT CONFERENCE-STREET DEPT CONFERENCE-POOL OPERATIONS DEPT CONFERENCE-ORGANIZED ATHLETICS DEPT CONFERENCE-BUILDING INSPECTIONS DEPT -CONFERENCE-PARK PLANNING DEPT/SENIOR CTR/ ADAPTIVE RECREATION PROGRAM CONFERENCE-ADAPTIVE RECREATION DEPT CONFERENCE-PARK MAINTENANCE CONFERENCE-STREET MAINTENANCE TRUCK INSPECTION STICKERS-EQUIPMENT MAINT JANUARY 92 FUEL TAX WINE LIQUOR WINE WINE LIQUOR WINE WINE WINE REFUND-EASTMAN NATURE CENTER & PIZZA TRIP REFUND-SKI TRIP REFUND-SKI TRIP. REFUND-SKI TRIP 28753912 60.00 1033.20 3935.00 80.00 35077.53 34744.13 50.00 150.00 68390.04 16701.27 6319.00 212.77 212.77 2458.72 2463.76 32.00 32.00 629.78 50.00 50.00 25.00 50.00 1140.00 80.00 0.00 100.00 . 2218.12 35.16 150.00 150.00 49.00 150.00 65.00 0.00 25.00 16.00 30.00 50.00 343.60 2655.66 25164.62 7572.47 18637.12 20917.39 34685.01 398.00 119.00 19.00 4.00 4.00 4.00 MARCH 10.1992 22320 JOE CZERNIECKI REFUND-EASTMAN NATURE CENTER & PIZZA TRIP 19.00 22321 LANA DUBE REFUND-SKI TRIP 24.00 22322 BARRY EICHMAN REFUND-EASTMAN NATURE CENTER & PIZZA TRIP .~ 22323 CHRI S GOODMANSON REFUND-SKI TRIP 22324 SHELLY GROGAN REFUND-SKI TRIP 4.00 22325 ELAINE HOKE REFUND-SKI TRIP 4.00 22326 MARY JO JUNSO REFUND-EASTMAN NATURE CENTER & PIZZA TRIP 19.00 22327 SHARON LENDT REFUND-SKI TRIP 4.00 22328 GISELA MAY REFUND-SKI TRIP 4.00 22329 CATHY MCOONALD REFUND-SKI TRIP 4.00 22330 PAT MICHAELSON REFUND-SKI TRIP 4.00 22331 KATHY NEITZEL REFUND-SKI TRIP 4.00 22332 JOANNE OLSON REFUND-DEFENSIVE DRIVING CLASS 5.00 22333 MARY PARSONS REFUND-EASTMAN NATURE CENTER & PIZZA TRIP 19.00 22334 PAT PATERSON REFUND-EASTMAN NATURE CENTER & PIZZA TRIP 19.00 22335 RANDI PETERS REFUND-EASTMAN NATURE CNETER & PIZZA TRIP 19.00 22336 PAM REINSTATLER REFUND-SKI TRIP 14.00 22337 ANA MARIA ROMERA REFUND-SKI TRIP 4.00 22338 KATHY RUCKER REFUND-SKI TRIP 4.00 22339 KONNIE SMITH REFUND-SKI TRIP 4.00 22340 YVONNE STEELE REFUND-SKI TRIP 4.00 22341 BRYAN VAUGHAN REFUND-SKI TRIP 4.00 22342 KATHY WAGLE REFUND-SKI TRIP 14.00 22343 DEMIAN WEGEHAUPT REFUND-SKI TRIP 4.00 22344 LOREN WRIGHT REFUND-SKI TRIP 4.00 22345 CATHY MCOONALD REFUND-SKI TRIP 28.00 22346 MN RECREATION & PARK ASSN DUES-PARK & RECREATION STAFF & COMMISSION 1141.00 22347 JAMES SIMCHUCK LICENSE-STREET MAINTENANCE , 00 22348 FMAM CONFERENCE-FIRE DEPT 00 22349 HOPKINS POSTMASTER POSTAGE-SENIOR CENTER FLYER 1 .98 22350 MINNESOTA OOT CONFERENCE-POLICE DEPT 90.00 22351 AT&T SERVICE 45.30 22352 AT&T CREDIT CORPORATION SERVICE 93.67 22353 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 55.25 22354 NORTHERN STATES POWER CO SERVICE 17549.67 22355 U S WEST CELLULAR INC SERVICE 498.38 22356 U S WEST COMMUNICATIONS SERVICE 5451.45 22357 AARP 55 ALIVE M.!\TURE DRIVING . DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 248.00 22358 GUNNAR ELECTRIC CO INC -INSTALLED 4 QUARTZ LIGHTS-ROUND LAKE PARK/ 427.30 LIGHT FIXTURE-PARK MAINTENANCE 22359 MINNEGASCO SERVICE 19924.23 22360 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 890.34 22361 MN DEPT OF PUBLIC SAFETY BUYERS CARD FEE-LIQUOR STORE 12.00 22362 DEPT OF NATURAL RESOURCES IRRIGATION PERMIT FEE-FRANLO PARK 50.00 22363 KRAEMERS HARDWARE INC -DOOR VIEWER/SWEEPER/SCRAPERSIDE-ICER/GLUE/ 1053.66 -BROOM HANDLES/COUPLERS/CONNECTORSIVALVES/ -ADAPTORS IBATTER I ESIBRUSHES IBULBS ITAPE/ -ADHESIVEIHAMMERIPUTTY/PIPE CEMENT/SOLDER/ -WRENCHESIHOOKS/ELECTRICAL BOXES/LETTERS/ -PAILS/SPONGES/TERMINALS/CLAMPS/SCREWS/ -SANDERIHOSES-FACILITIES DEPT/FIRE DEPT/ STREET DEPTIUTILITIES DIVISION 22364 MN DEPT OF AGRICULTURE -ADDITONAL FEE-AGRICULTURAL LIMING MATERIAL 50.00 TONNAGE REPORT-WATER DEPT .00 22365 BEV ECKLUND REFUND-SKATING LESSONS 4800423 '-\3 0 MARCH 10.1992 22366 GUARANTEE MUTUAL LIFE COMPANY FEBRUARY 92 LIFE INSURANCE PREMIUM 2564.17 22367 MUTUAL BENEFIT LIFE FEBRUARY 92 DISABILITY INSURANCE PREMIUM 2975.38 22368 VO 10 OUT CHECK 0.00 .369 EDEN PRAIRIE CHAMBER OF COMMERCE CONFERENCE-ADMINISTRATION 10.00 370 NORTH STAR CHAPTER I CBO CONFERENCE-BUILDING INSPECTIONS DEPT 375.00 22371 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 200.00 22372 SUNWOOD INN CONFERENCE LODGING FEE-POLICE DEPT 64.67 22373 MN DEPT OF NATURAL RESOURCES -CITYS PORTION OF EURASIAN WATERMILFOIL 160.67 CONTROL ON RILEY LAKE BEACH 22374 HENNEPIN COUNTY TREASURER LICENSE FEE-PARK MAINTENANCE 10.00 22375 NORTHERN STATES POWER COMPANY CONFERENCE-PARK MAINTENANCE 150.00 22376 JOSE CASTILLO SANCHEZ RETURN TO PLAINTIFF SEIZED PROPERTY 1074.26 22377 CARL JULLIE CONFERENCE ADVANCE-ADMINISTRATION 200.00 22378 H MARTIN JESSEN CONFERENCE ADVANCE-COUNCILMEMBER 200.00 22379 HOPKINS POSTMASTER POSTAGE-SENIOR CENTER NEWSLETTER 128.63 22380 ROBERT & DELLORA COLEMAN -EARNEST MONEY FOR PURCHASE OF ACREAGE ON 100.00 DELL ROAD-CRESTWOOD PARK-- 22381 MN DIV OF EMERGENCY MaM! CONFERENCE-POLICE DEPT 50.00 22382 GORDON KLEHR -HORSES FOR WAGON RIDES-FAMILY SNOW PICNIC-200.00 COMMUNITY CENTER 22383 TRICIA HAYNES -ENTERTAINMENT-SONGS & PUPPET SHOW FOR 250.00 -SNOW PICNIC-COMMUNITY CENTER-TO BE REIMBURSED BY E P LOVES ITS KIDS 22384 EROSION CONTROL ASSOCIATION CONFERENCE-ENGINEERING DEPT 40.00 22385 MN RECREATION & PARK ASSN CONFERENCE-AQUATIC SUPERVISOR 98.00 22386 PETrY CASH -EXPENSES-CITY HALL/PARK MAINT/ADAPTIVE 60.19 -RECREATION PROGRAM/POOL LESSONSIWATER DEPT .387 FIRST BANK EDEN PRAIRIE PAYROLL 2/21/92 68155.32 388 U S POSTMASTER POSTAGE FOR ABSENTEE BALLOTS-ELECTIONS DEPT 29.00 2389 LEAGUE OF MN CITIES CONFERENCE-ADMINISTRATION 25.00 22390 GENE ABBOTT EXPENSES-BUILDING INSPECTIONS DEPT 15.00 22391 ABBOTT PAINT & CARPET CO RUST REMOVER-WATER DEPT 37.52 22392 ABM EQUIPMENT & SUPPLY INC DRIVE SHAFTS/SEALS/GASKET-PARK MAINTENANCE 375.54 22393 AFTON ALPS SKI AREA LIFT TICKETS-SKI PROGRAM/FEES PAID 392.00 22394 AIRSIGNAL INC -FEBRUARY 92 PAGER SERVICE-POLICE DEPT/ 449.17 -BLDG INSPECTIONS DEPT/FIRE DEPT/COMMUNITY CENTER 22395 ALEXANDER BATTERY NORTH ADAPTOR-POLICE DEPT M.54 22396 ALPHA VIDEO & AUDIO -2 MONITORS/VCR HEAD/WALL MOUNTIBRACKETS-1517.89 POLICE FORFEITURE-DRUGS 22397 AMERIDATA -COMPUTER EQUIPMENT MAINTENANCE AGREEMENT-379.00 ENGINEERING DEPT 22398 AMERICAN AMUSEMENT ARCADES -HOCKEY GAMEIMINI-BASKETBALL GAME-POOL 245.00 SPECIAL EVENTS PROGRAM 22399 AMERICAN COUNCIL OF LIFE INSURANC PUBLICATION-ASSESSING DEPT 60.00 22400 AMERICAN LINEN SUPPLY CO UNIFORMS-FACILITIES DEPT 37.68 22401 AMERICAN PLANNING ASSN DUES-PLANNING DEPT 199.00 22402 AMERICAN RED CROSS -TEXTBOOKSIRESCUE MANIKIN RENTALS-POOL 218.50 LESSONS 22403 AMERICAN WATER WORKS ASSOC TRAINING PACKAGE-WATER DEPT 99.85 22404 EARL F ANDERSEN & ASSOC INC -STREET NAME PLATESITRAFFIC SIGNS-STREET 51LOE DEPT 22405 KEN ANDERSEN TRUCKING WASTE DISPOSAL-ANIMAL CONTROL DEPT 25.0C .406 RICHARD ANDERSON MILEAGE-COUNCILMEMBER 8.0C 8175106 MARCH 10.i992 22407 APPLIANCE PARTS INC UNIT HEATER FAN MOTOR-WATER DEPT 78.7 22408 AUDIO VISUAL WHOLESALERS -PROJECTOR BULBS/SLIDE TRAYSIREMOTE 1 0 CONTROL-FORESTRY DEPT 22409 B & STOOLS -BALL JOINT SOCKET & PRESS/HANDLEIRATCHET .1 -WRENCHIVISE GRIPS/FENDER COVERIWRENCHES -COTTER KEYSIMATSIKNIVES/STRIPERIMETER/ -CUTTER BLADES/HACKSAW BLADES-EQUIPMENT MAINTENANCEIWATER DEPT 22410 BACONS ELECTRIC CO -FUSES/LAMPS/FURNISH & INSTALL LIGHT ALARM 2159.1( -EMERGENCY BATTERY PACKS/EMERGENCY EXIT -SIGNSIELAPSED TIME METERIWELL LIGHT REPAIRS-WATER DEPT 22411 CHARLIE BAHN -ADAPTORS/PINS/SCREWS/PLUGSIWASHERS/NUTS & 125.0E BOLTS-EQUIPMENT MAINTENANCE 22412 BANTA ISG PRINTING-WINTER BROCHURE-COMMUNITY CENTER 3909.0( 22413 BELL ATLANTIC TRlCON LEASING CORP MARCH 92 COPIER LEASE AGREEMENT-POLICE DEPT 358.6E 22414 BLEVINS CONCESSION SUPPLY COMPANY -CONCESSION STAND SUPPLIES-COMMUNITY 623.9C CENTER/SOCIAL PROGRAMS 22415 CITY OF BLOOMINGTON -JANUARY 92 ANIMAL IMPOUND SERVICE-ANIMAL 32.0C CONTROL DEPT 22416 BLOOMINGTON LOCK & SAFE CO REPLACED SPRINGS IN PADDLE-WATER DEPT 56.00 22417 LOIS BOETTCHER -MINUTES-PARK RECREATION & NATURAL 76.13 RESOURCES COMMISSION 22418 BOYD HOUSER CANDY & TOBACCO CO CANDY-POOL LESSONS 60.4( 22419 BOYD OIL DISTRIBUTING OIL-EQUIPMENT MAINTENANCE 504.3E 22420 LEE M BRANDT HOCKEY OFFICIAL/FEES PAID 189.0C 22421 BRAUN INTERTEC ENGINEERING INC -SERVICE-OLD SHADY OAK RD & ROWLAND RD/ 40028.77 -DELL RD-FROM HWY 5 TO TWILIGHT TRAIL/ • -STARING LN & SUNRISE CIRCLE UTILITY & -STREET CONST/CEDAR RIDGE ESTATES 2ND ADDITION 22422 PAUL BROWN VOLLEYBALL OFFICIAL/FEES PAID 195.0C 22423 BRW INC -SERVICE-VALLEY VIEW RD CONST/DELL RD FINAL 17505.2C DESIGN 22424 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINTENANCE 794.11 22425 BUCKINGHAM DISPOSAL INC FEBRUARY 92 WASTE DISPOSAL-LIQUOR STORES 120.0'1 22426 BUREAU OF CRIMINAL APPREHENSION -4TH QTR 91 COMPUTER MAINTENANCE AGREEMENT· 600.0C POLICE DEPT 22427 BUREAU OF CRIMINAL APPREHENSION SCHOOL-FIRE DEPT 120.0C 22428 CARLSON REFRIGERATION CO INC -ROLLER TRACK/ANGLEITEE DIVIDER-LIQUOR 179.4E STORE 22429 CENTRAIRE INC -REPLACED HOT WATER HEATER IGNITION WIRES/ 376.4C -REPLACED FURNACE PILOT SWITCH-FACILITIES DEPT/PARK MAINTENANCE 22430 CITY OF CHANHASSEN -CITYS PORTION OF 1991 & 1992 HIGHWAY 5 12500.0( DESIGN JOINT POWERS AGREEMENT 22431 JAMES CLARK FEBRUARY 92 EXPENSES-POLICE DEPT 200.0( 22432 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-WAL-MART BLDG & SITE DESIGN STUDY 100.0( 22433 COMMERCE NOAA NCDC SUBSCRIPTION-WATER DEPT 17.0( 22434 BARBARA COOK EXPENSES-ASSESSING DEPT 9.3( 22435 COPIES NOW PRINTING FLYER-POLICE DEPT 19.4( 22436 COpy CHECK INC COPIER-OUTDOOR CENTER 375.01. 22437 COpy EQUIPMENT INC -COPIER REPAIR/OFFICE SUPPLIES-ENGINEERING 1 001 DEPT 22438 CORPORATE RISK MANAGERS INC SERVICE-FEBRUARY 92 INSURANCE CONSULTANT .0' 8323356 ,+t d-.. MARCH 10.1992 22439 BARBARA CROSS OFFICE SUPPLIES/MILEAGE-PARK PLANNING DEPT 187.29 22440 CULLIGAN -METRO -SERVICE-OUTDOOR CENTER/STARING LAKE PARK 3.68 .441 BUILDING CUMMINS DIESEL SALES INC PORTABLE ENGINE-GENERATOR SET-SEWER DEPT 44581.00 22442 CURTIS INDUSTRIES INC -WIRE TIESIWASHERS/DRILL BITS/SOCKETS-159.65 EQUIPMENT MAINTENANCE 22443 CUSTOM HEADSETS INC -TELEPHONE HEADSETS/EARPIECE ASSEMBLIES/ 1034.60 EAR MOLDS-POLICE DEPT 22444 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 5026.61 22445 CYS UNIFORMS UNIFORMS-ANIMAL CONTROL DEPT 146.35 22446 DALCO CLEANING SUPPLIES-WATER DEPT 363.62 22447 CRAIG W DAWSON MILEAGE-ADMINISTRATION 70.00 22448 DEALER AUTOMOTIVE SERVICES INC CASSETTE PLAYER/SPEAKERS-EQUIPMENT MAINT 87.50 22449 EUGENE DIETZ JANUARY 92 EXPENSES-ENGINEERING DEPT 200.00 22450 DIVERSIFIED CLEANING SERVICES CARPET CLEANING-LIQUOR STORES 100.00 22451 LARRY DOIG MILEAGE-FIRE DEPT 36.25 22452 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 45.09 22453 DRIVERS LICENSE GUIDE CO -I D CHECKING GUIDES-POLICE DEPT/LIQUOR 51.25 STORES 22454 DYNA SYSTEMS DRILL BITS-WATER DEPT 197.30 22455 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 65.55 22456 E P PHOTO FILM/FILM PROCESSING-BLDG INSPECTIONS DEPT 8.50 22457 EASTMAN KODAK COMPANY -DECEMBER 91 COPIER MAINTENANCE AGREEMENT-230.98 CITY HALL 22458 ECOLAB PEST ELIMINATION DIVISION -FEBRUARY 92 PEST CONTROL SERVICE-FIRE 105.00 STATIONS 22459 EDEN PRAIRIE FIRE DEPT -REIMBURSEMENT FOR ENTERTAINMENT-CHRISTMAS 400.00 .460 PARTY FOR FIRE DEPT EDEN PRAIRIE SCHOOL DISTRICT 272 -PRAIRIE FEST 92 FUNDING-COMMUNITY 2500.00 SERVICES DEPT 22461 EDEN PRAIRIE SCHOOL DISTRICT 272 -ROOM RENTAL-POOL LESSONS/BUS SERVICE-SKI 642.72 TRIP PROGRAM 22462 EDEN PRAIRIE TIRE & AUTO SERVICE WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 38.95 22463 DEB EDLUND MINUTES-PLANNING COMMISSION 125.00 22464 CHRIS ENGER FEBRUARY 92 EXPENSES-PLANNING DEPT 200.00 22465 EPR INC WASTE DISPOSAL-PARK MAINTENANCE 35.69 22466 DELANO ERICKSON ARCHITECTS SERVICE-COMMUNITY CENTER ADDITION 15565.00 22467 RON ESS HOCKEY OFFICIAL/FEES PAID 217.50 22468 THE BANK OF EXCELSIOR REFUND DEPOSIT-JENNIFER ADDITION 13490.27 22469 EXPRESS MESSENGER SYSTEMS INC POSTAGE-PLANNING DEPT/ASSESSING DEPT 52.15 , 22470 FINANCE AND COMMERCE LEGAL PUBLICATIONS-FINANCE DEPT 110.08 22471 FIRST SOURCE INTL INC LASER JET PRINTER SOFTWARE-FIRE DEPT 196.00 22472 FLOYD SECURITY -SECURITY SYSTEM MAINTENANCE AGREEMENT-68.00 CUMMINS GRILL HOMESTEAD 22473 FLAGSHIP ATHLETIC CLUB EXPENSES-CITY COUNCIL 112.68 22474 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT 230.37 22475 FOCUS ONE HOUR PHOTO FILM PROCESSING-SAFETY DEPT 14.06 22476 JOHN FRANE FEBRUARY 92 EXPENSES-FINANCE DEPT 200.00 22477 LYNDELL FREY VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 171.00 22478 GENERAL MACHINING INC SHAFT-EQUIPMENT MAINTENANCE 21. 75 22479 GENERAL SAFETY EQUIPMENT CORP FIRE TRUCK GAUGE-FIRE DEPT 97.18 22480 GINA MARIAS INC EXPENSES-FIRE DEPT 139.0E 22481 GLEN LAKES SALES & MARKETING SUPPLIES-LIQUOR STORES 140.5C .482 GLENWOOD INGLEWOOD DELIVERY CHARGES-FITNESS CENTER 4.8/: 483 THE GLIDDEN COMPANY -PUTTY KNIVES/SCRAPERS/BR~SHES/SPONGES/ 163.71: FACE MASKSIROLLERS-WATER DEPT 8763684 ~.~~ 22484 GNERER WELDING INC SPRINGS-EQUIPMENT MAINTENANCE 41.8e 22485 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAINTENANCE 1322.0~ 22486 GOPHER STATE ONE-CALL INC JANUARY 92 SERVICE 53.54 22487 GOVT FINANCE OFFICERS ASSN DUES-FINANCE DEPT 120.0C 22488 W W GRAINGER INC -BRASS PADLOCKS/COMPUTER CART-SAFETY DEPT/ 1 3C EQUIPMENT MAINTENANCE 22489 PETER J GRAVES VOLLEYBALL OFFICIAL/FEES PAID .00 22490 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 166.00 22491 H & H INDUSTRIES INC LIGHT BULBS-LIQUOR STORE 59.58 22492 HACH COMPANY LAB SUPPLIES-WATER DEPT 166.00 22493 MICHAEL W HAMILTON HOCKEY & BRooMBALL OFFICIAL/FEES PAID 250.00 22494 HANSEN THORP PELLINEN OLSON INC -SERVICE-CEDAR RIDGE ESTATES 2ND ADDITION/ 15530.59 -BLUFFS E & W 9TH ADDITIONSIBRAXTON DRIVE/ -BLUESTEM RIDGE/STARING LK PK WATER MAIN/ -HAWK HIGH RIDGEIMARK CORNERS/ROBERT LIFT STATION/COMMUNITY CENTER 22495 HENNEPIN COUNTY TREASURER FILING FEES/LABELS-PLANNING DEPT 107.50 22496 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT 412.00 22497 HENNEPIN PARKS -LIFT TICKETS/SKI RENTALS & LESSONS-WINTER 3929.93 SKILL DEVELOPMENT PROGRAM 22498 HENNEPIN TECHNICAL COLLEGE SCHOOL-FIRE DEPT 68.90 22499 D C HEY COMPANY INC -COPIER REPAIRS-BUILDING INSPECTIONS DEPT/ 577.20 WATER DEPT 22500 HONEYWELL PROTECTION SERVICES -SECURITY SYSTEM MAINTENANCE AGREEMENT-530.56 SENIOR CENTER/LIQUOR STORE 22501 NONA MARIE HOVEY -EASEMENT-CEDAR RIDGE & CORRAL LANE 306.00 IMPROVEMENTS 22502 HUMAN RESOURCES MGMT HANDBOOK-HUMAN RESOURCES DEPT 10.00 22503 HUTTON CHEMICAL DEGREASER-EQUIPMENT MAINTENANCE 359.10 22504 INACOMP COMPUTER CENTER DATA CARTRIDGES-WATER DEPT 254.49 22505 IBM CORPORATION -TYPEWRITER MAINTENANCE AGREEMENT-1°0 COMMUNITY CENTER 22506 INSTY-PRINTS PRINTING FORMS-POLICE DEPT 1 .50 22507 BRUCE ISAACS SOFTBALL & BASKETBALL OFFICIAL/FEES PAID 97.50 22508 GARY ISAACS OFFICIALS COORDINATOR/FEES PAID 144.00 22509 MICHAEL W JACQUES MILEAGE-LIQUOR STORE 8.75 22510 E F JOHNSON CO BATTERIES/CHARGERS-EQUIPMENT MAINTENANCE 738.10 22511 KAPAK CORPORATION EVIDENCE PACKAGING-POLICE DEPT 137.10 22512 KEEP EM ALIVE INC CPR INSTRUCTOR-SAFETY DEPT 560.00 22513 LINDA KLOECKNER ADVERTISING-COMMUNITY CTR ADMINISTRATION 160.00 22514 LAB SAFETY SUPPLY BINDERS/GLOVES-SAFETY DEPTIWATER DEPT 353.79 22515 LAKE COUNTRY DOOR REMOTE WITH TRANSMITTER-FACILITIES DEPT 96.00 22516 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 969.28 22517 LAKELAND FORD TRUCK SALES INC SWITCH/WIRE-EQUIPMENT MAINTENANCE 18.80 22518 LAKESIDE FUSEE CORP WARNING FLARES-POLICE DEPT 638.90 22519 ROBERT LAMBERT FEBRUARY 92 EXPENSES-PARK & RECREATION DEPT 200.00 22520 LANG PAULY & GREGERSON LTD NOVEMBER & DECEMBER 91 LEGAL SERVICE 26452.31 22521 LANGFORD TOOL & DDRILL ANCHORS/SETTING TOOLS-WATER DEPT 183.6e 22522 LANO EQUIPMENT INC TUBELINE-EQUIPMENT MAINTENANCE 26.2C 22523 LONNA LANZI SOFTBALL OFFICIAL/FEES PAID 35.0C 22524 LARKIN HOFFMAN DALY & LINDGREN LT -JANUARY 92 LEGAL SERVICE-WETLAND PERMIT 6185.8:: ISSUES 22525 LEAGUE OF MN HUMAN RIGHTS COMMISS DUES-COMMUNITY SERVICES DEPT 167.0'1 22526 LEE LINE BUS SERVICE-SKI TRIP PROGRAM 295.0C 6237445 • MARCH 10.1992 22527 LAW ENFORCEMENT TV NETWORK MARCH 92 TV NETWORK SERVICE-POLICE DEPT 388.00 22528 LIONS TAP -GIFT CERTIFICATES-ORGANIZED ATHLETICS 70.00 .529 DEPT JUDY LOWE RN -INTERPRETATIVE SERVICE-ADAPTIVE 100.00 RECREATION PROGRAM 22530 RICHARD LUGEANBEAL SPRINGBOARD DIVING INSTRUCTOR/FEES PAID 82.00 22531 LUNDS EXPENSES-FIRE DEPT 108.03 22532 LUTHERN SOCIAL SERVICE OF MN -1992 PRINTING-SHARE A HOME NEWSLETTER-500.00 COMMUNITY SERVICES DEPT 22533 LYMAN LUMBER CO PLYWOOD/STUDS-CITY HALL/STREET MAINT 300.19 22534 MACQUEEN EQUIPMENT INC STOP LIGHT SWITCH-EQUIPMENT MAINTENANCE 216.35 22535 MARSHALL & SWIFT VALUATION SERVICE-ASSESSING DEPT 120.95 22536 MASYS CORPORATION' -MARCH 92 COMPUTER SOFTWARE MAINTENANCE 1282.00 AGREEMENT-POLICE DEPT 22537 MATTS AUTO SERVICE INC DECEMBER 91 TOWING SERVICE-EQUIPMENT MAINT 145.00 22538 MBA DESKTOP PUBLISHING PLUS -TYPESETTING FLYERS-PARK BOND REFERENDUM/ 161.00 SENIOR PROGRAM 22539 MCGLYNN BAKERIES INC -EXPENSES-CITY HALLIPOLICE DEPT/SENIOR 96.42 CENTER/HISTORICAL & CULTURAL COMMISSION 22540 MCGLYNN BAKERIES INC EXPENSES-COMMUNITY CENTER ADMINISTRATION/ 29.19 22541 TOM MCGOVERN WINDOWS-HOUSING REHABILITATION PROGRAM 1643.29 22542 MCNEILUS STEEL INC FLAT BARS/ANGLE IRONS-PARK MAINTENANCE 518.88 22543 MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT 79.05 22544 MENARDS RUST REMOVER-WATER DEPT/TORCHES-FIRE DEPT 377.54 22545 METRO PAPER RECOVERY INC -4TH QTR 91 RECYCLING SERVICE/RECYCLING 137.00 BOXES-FACILITIES DEPT 22546 METRO PRINTING INC -PRINTING FORMS-POLICE DEPT/ENVELOPES-FIRE 571.00 .547 DEPT METRO SALES INC -TONER/DEVELOPER-COMMUNITY CENTER/COPIER 572.00 MAINTENANCE AGREEMENT-POLICE DEPT 22548 METRO SYSTEMS FURNITURE -FILING CABINETS-BUILDING INSPECTIONS DEPT/ 800.00 ASSESSING DEPT 22549 MIDAS BRAKE & MUFFLER -MUFFLERS/PI PES/CLAMPS/HANGERS-EQU I PMENT 161.90 MAINTENANCE 22550 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT 733.45 22551 MIDWEST SIREN SERVICE SIREN REPAIR-CIVIL DEFENSE DEPT 526.37 22552 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 154.42 22553 MINNCOMM PAGING FEBRUARY 92 PAGER SERVICE 22.50 22554 MINNESOTA BLUEPRINT -TAPE/PROJECTION FILM/COPIER LINER/2 625.22 DRAFTING CHAIRS-$534-ENGINEERING DEPT 22555 MINNESOTA BUSINESS FORMS -ENVELOPES-CITY HALL/DESK NAME PLATE-310.00 ADAPTIVE RECREATION PROGRAM 22556 MN CONWAY FIRE & SAFETY -FIRE EXTINQUISHERS-SAFETY DEPT/THERMO Spy 922.00 INFRARED SCANNER-$895-FIRE DEPT 22557 MN DEPT OF TRADE & ONE STAR CITY MANUAL-ENGINEERING DEPT 25.00 22558 MNSF-METROPOLITAN REGION DUES-SENIOR CENTER 100.00 22559 MINNESOTA TROPHIES GOPHER FIRE LOGOS-FIRE DEPT 173.91 22560 MISCO INC COMPUTER MONITOR GLARE SHIELDS-SAFETY DEPT 281.0E 22561 MOTOROLA INC BATTERIES-POLICE DEPT 459.0C 22562 JAN NELSON MINUTES-CITY COUNCIL 150.0C 22563 BETH NILSSON SKATING LESSONS DIRECTOR/FEES PAID 633.8/ 22564 NORTH STAR SOUND INC -PORTASTUDIO RENTAL/DEMO TAPE/ANVIL CASE-150.0C PARK BOND REFERENDUM .565 NU-METRICS DISTANCE MEASURING COMPUTER-STREET DEPT 443.0C 566 PARKCON INC COMPUTER SOFTWARE UPGRADE-WATER DEPT 118.0( 1428761 L\~S- MARCH 10.i992 22567 LYNN PEAVEY COMPANY VAPOR BARRIER POUCHES-POLICE DEPT 170.75 22568 PC MAGAZINE SUBSCRIPTION-PLANNING DEPT 29.97 22569 J C PENNEY COMPANY INC UNIFORMS-POLICE DEPT « 22570 J W PEPPER OF MPLS SHEET MUSIC-ART & MUSIC PROGRAM 22571 PERSONNEL DECISIONS INC -NOVEMBER & DECEMBER 91 COMPARABLE WORTH 1190.00 STUDY-HUMAN RESOURCES DEPT 22572 POWER BRAKE EQUIPMENT CO WHEEL RIM-SEWER DEPT 386.40 22573 PRAIRIE HARDWARE TUBIBRACKETSIBATTERIES/LOCK-UTILITIES DIV 34.72 22574 PRAIRIE HARDWARE TAPEIBATTERIES-RECREATION ADMINISTRATION 9.24 22575 PRAIRIE OFFSET PRINTING PRINTING FORMS-POLICE DEPT 244.45 22576 PRECISION BUSINESS SYSTEMS INC -FACSIMILE TERMINAL/CARTRIDGES/NAINTENANCE 1955.25 AGREEMENT-WATER DEPT 22577 PREVENTION PLUS -SERVICE-INJURY PREVENTION CONSULTING-450.00 SAFETY DEPT 22578 R & R SPECIALTIES INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER 63.20 22579 RADIO SHACK ANTENNA PARTS-POLICE DEPT 15.96 22580 RAINBOW FOODS EXPENSES-ORGANIZED ATHLETICS PROGRAM 19.80 22581 RANGE FLORAL & GREENHOUSES EXPENSES-CITY HALL 86.10 22582 REFERENCE SOFTWARE INTL COMPUTER SOFTWARE UPGRADE-PLANNING DEPT 42.49 22583 SCOTT REIN -HOCKEY/SOFTBALL & BRooMBALL OFFICIAL/FEES 1105.00 PAID 22584 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-ROWLAND RD STORM WATER MGMT/ 67991.49 -STARING LN SUNRISE CIRCLE STREET & UTILITY DESIGNIMITCHELL RD CONSTRUCTION 22585 RORY RISK SOFTBALL & VOLLEYBALL OFFICIAL/FEES PAID 66.00 22586 RITZ CAMERA -FILM/FILM PROCESSING-ENGINEERING DEPT/ 176.63 -FIRE DEPT/PARK MAINT/FORESTRY DEPTIWATER DEPT/COMMUNITY CENTER .0 22587 SHARON ROBERTS -CREDIT REPORT EXPENSES-HOUSING REHABILITATION PROGRAM 22588 ROLLINS OIL CO UNLEADED FUEL-EQUIPMENT MAINTENANCE 7036.26 22589 RONS MUSIC & GAMES SUPPLIES-LIQUOR STORE 243.76 22590 SAFETY-KLEEN CORPORATION -CARBURETOR CLEANER-EQUIPMENT MAINTENANCE/ 211.00 CLEANING SUPPLIES-PARK MAINTENANCE 22591 SALLY DISTRIBUTORS INC TOYS/GAMES-POOL SPECIAL EVENTS PROGRAM 339.91 22592 ROBERT SALSEG WALL REPAIR & PAINTING-LIQUOR STORE 235.00 22593 JOHN SAMS EXPENSESlMILEAGE-ASSESSING DEPT 19.55 22594 SANCO INC -CLEANING SUPPLIES-FACILITIES DEPT/ 123.89 COMMUNITY CENTER 22595 DENNIS SCHIMMEL VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 327.00 22596 WILBUR W SCHULTZ VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 350.00 22597 RON SCHWARTZ VOLLEYBALL OFFICIAL/FEES PAID 360.00 22598 SETON NAME PLATE COMPANY PLASTIC TAGS-BUILDING INSPECTIONS DEPT 81.18 22599 SIEGEL DISPLAY PRODUCTS MOLDED DISPLAY HOLDERS/DIVIDERS-FIRE DEPT 115.44 22600 SIR SPEEDY PRINTING CENTER -PRINTING-COMMUNITY CENTER BROCHURE/10TH 240.0C ANNIVERSARY FLYER 22601 ERIC SIT KARATE INSTRUCTOR/FEES PAID 84.0C 22602 ANN SLAWSON MILEAGE-SENIOR ·CENTER 69.0C I 22603 SOF'IWARE ETC PC TOOLS-POLICE DEPT 117.0C 22604 SOUTHWEST CORRIDOR TRANSPORTATION 1992 OPERATION DUES 3750.0C 22605 . SOU'IWEST TRAILS REIMBURSEMENT FOR SNOWMOBILE TRAILS 9626.3" 22606 SHAWN M SPREIGL -ICE SKATING INSTRUCTOR-AFTER SCHOOL 110.5e PROGRAM/FEES PAID 22607 SPS COMPANIES WATER CLOSET REPAIR KITS-PARK MAINTENANCE .7{ 9807359 MARCH 10.1992 22608 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPTIWATER DEPT 126.82 22609 STANDARD SPRING CO -REPLACED BUSHINGS/CROSS SHAFTIBEAMS-1510.00 aSl0 EQUIPMENT MAINTENANCE/SEWER DEPT STATE OF MINNESOTA LEGAL SERVICE-CITY HALL 720.00 22611 STEEL STRUCTURES PAINTING COUNCIL DUES-WATER DEPT 55.00 22612 STOREFRONTIYOUTH ACTION INC -4TH QTR 91 YOUTH COUNSELING & REFERRAL 2575.00 SERVICE-COMMUNITY SERVICES DEPT 22613 STRAND MFG CO INC STEEL PLATE-WATER DEPT 51.92 22614 STREICHERS PROFESSIONAL POLICE EQ -LIGHT DOMEIDASH LIGHT RESPONDER/OUTLET 886.17 -BOXES/GRILLE & DECK LIGHTS/LENSES/CONTROL -UNITS/LIGHTBAR/STROBE LIGHT REPAIR- EQUIPMENT MAINTENANCE 22615 STRGAR ROSCOE FAUSCH INC -SERVICE-DELL RD DESIGNIHWY 5 FRONTAGE RD/ 5127.94 MITCHELL LAKE SANITARY SEWER 22616 SUBURBAN CHEVROLET -KEYS/ROCKER ARM CAPSIBELTS/TENSIONER/ 352.58 -BRAKE CABLE/FILTERIBRAKE LIGHT REPAIR/ GASKET-EQUIPMENT MAINTENANCEIWATER DEPT 22617 SUMMIT ENVIRONMENTAL ENGR & SERVICE-WETLANDIWILDLIFE ASSESSMENT STUDY 5398.81 22618 BRAD SWANSON -HOCKEY/SOFTBALL & BRooMBALL OFFICIAL/FEES 734.00 PAID 22619 SWEDLUND SEPTIC SERVICE WASTE DISPOSAL SERVICE-OUTDOOR CENTER 80.00 22620 TECHNICAL REPRODUCTIONS INC OFFICE SUPPLIES-PARK PLANNING DEPT 196.24 22621 TIMS TOWER SERVICE -RADIO COMMUNICATIONS TOWER & INSTALLATION-77087.20 POLICE DEPT 22622 TNEMEC COMPANY INC SETTLING BASIN CLARIFIER PAINT-WATER DEPT 549.00 22623 RON TOSKEY BROOMBALL OFFICIAL/FEES PAID 136.00 22624 SHARI TRITCH -GYNMASTICS & KIDS KORNER INSTRUCTOR/FEES 569.50 PAID .625 CALEB TRUAX VOLLEYBALL OFFICIAL/FEES PAID 135.00 2626 TWIN CITY OXYGEN CO -OXYGEN/ACETYLENEIHIGH PRESSURE GAUGE/ 128.97 -CARBON DIOXIDE CYLINDERS-EQUIPMENT MAINT/ COMMUNITY CENTER 22627 TWIN CITY TESTING SERVICE-VALLEY VIEW RD EXTENSION 353.50 22628 U S WEST COMMUNICATIONS SERVICE WIRE REPAIR-WATER DEPT 60.00 22629 WEST MARKETING RESOURCES DIRECTORIES-CITY HALLIPOLICE DEPT 419.20 22630 U S WATER NEWS SUBSCRIPTION-WATER DEPT 44.00 22631 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 199.95 22632 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 229.95 22633 UNIFORMS UNLIMITED UNIFORMS-BUILDING INSPECTIONS DEPT 316.26 22634 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT 387.81 22635 UNLIMITED SUPPLIES INC -NUTS & BOLTS/ELBOWS-PARK MAINT/EQUIPMENT 97.20 MAINTENANCE 22636 PAUL UPTON CROSS COUNTRY SKI INSTRUCTOR/FEES PAID 80.00 22637 DONALD R URAM SCHOOL-PLANNING DEPT 1498.52 22638 VALERIES FRESH FLOWERS EXPENSES-FIRE DEPT 67.25 22639 VESSCO INC COUNTER/SWITCHES/TIMER-WATER DEPT 538.20 22640 VIKING LABORATORIES INC CHEMICALS-COMMUNITY CENTER 201.00 22641 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER 277.7E 22642 WATER PRODUCTS COMPANY -COUPLINGS/RODS/5/8 IN GENERATORS/REMOTE 2162.64 -READERS/CEMENT/LOCATOR REPAIR/COPPERHORNS/ FACE PLATESIMETER RUBBER GASKETS-WATER DEPT 22643 WEST WELD BLADES-PARK MAINTENANCE 120.8/ 22644 ROBERTA WICK MINUTES-CITY COUNCIL 150.0C .645 WIZARDLY TELEPRODUCTION INC NARRATION SERVICE-PARK BOND REFERENDUM 120.0C 646 YALE INC -AIR COMPRESSOR REPAIRIBLqWER REPAIR/SHAFT/ 1074.8E BEARINGS-WATER DEPT 10481916 4~fj 22647 ZEP' MANUFACTURING COMPANY 11000 AMERICAN NATIONAL BANK 11000 NORWEST BANK MN NA 22109 VOID OUT CHECK 22177 VOID OUT CHECK 22195 VOID OUT CHECK 22227 VOID OUT CHECK 90171588 CLEANING SUPPLIES-EQUIPMENT MAINTENANCE BOND PAYMENTS BOND PAYMENTS 721.5/ 377075.0C 525711.6C ~2 .20 1 0 .09 200.00 $1769435.50 • • • DISTRIBUTION BY FUNDS 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 21 POLICE DRUG FORFEITURE 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 40 86 FIRE STATION DEBT 44 UTILITY DEBT FUND 45 UTILITY DEBT FD ARB 48 89 BLDG REFUNDING 51 IMPROVEMENT CONST FD 57 ROAD IMPROVEMENT CONST FD 60 IMPROVEMENT CONST FUND 61 IMPROVEMENT DEBT FUND 62 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 80 POLICE CONFISCATED FDS 81 TRUST & ESCROW FUND 87 CDBG FUND ~ $1769435.50 • 405156.84 79163.30 65869.80 47508.69 1517.89 18965.00 1907.43 143737.50 467564.50 157101.10 134383.50 77769.50 -1835.13 37087.15 306.00 25488.88 29595.71 46821.31 1074.26 28598.98 1653.29 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-40 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, through R.C.M. has prepared plans and specifications for the following improvements to wit: I. C. 52-067 -Rowland Road Improvements 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 3 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., April 2, 1992, 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, April 7, 1992, 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, bid 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 March 10, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL • John D. Frane, Clerk -MEMORANDUM- TO: Mayor and City Council FROM: Alan Gray, P .E., City Engineer DATE: March 5, 1992 SUBJECT: Bryant Lake Regional Park Access to Rowland Road I.C. 52-067 The preliminary hearing for Rowland Road improvements was held August 20, 1991. The feasibility study for Rowland Road suggested a park entrance at a common intersection with Raspberry Hill Road. At the public hearing several Raspberry Hill area residents objected to a common intersection of the park entrance road in their residential street and requested that consideration be given to an alternate plan. The Council motion approving the project directed staff to investigate off-setting the park entrance road from the Raspberry Hill Road intersection with Rowland Road. City staff and Hennepin Parks staff have met with Rowland Road area residents to discuss siting • of the park entrance road. Based on these discussions a revised plan for the park entrance road • has been developed. . The significant features of this plan are as follows: • The entrance road location to Bryant Lake Regional Park will be shifted southeasterly 170 feet along the centerline of Rowland Road. In this location it does not have a coincident intersection with Raspberry Hill Road or any other residential street. • Hennepin Parks will provide additional right-of-way for Rowland Road to allow a southwesterly shift in its alignment of approximately 60 feet in the vicinity of the proposed park entrance road. This will create a wide boulevard along the residential side of Rowland Road in the vicinity of the park entrance road which may be bermed and heavily landscaped to screen the adjacent residential properties from the intersection of Rowland Road and the park access road. The attached exhibit shows the proposed location for Rowland Road at the park entrance road and the wide boulevard area on the residential side. City and Hennepin Parks staff met with residents whose properties abut Rowland Road in the vicinity of the proposed park access road the evening of March 4, 1992. The purpose of the meeting was to present the revised plan to residents and obtain their comments. Residents at the meeting felt that the proposed plan was an improvement over the original plan but requested consideration of further revisions. Two additional alternatives were suggested by residents: • • Shift the alignment of Rowland Road further to the southwest so that it is behind a small knoll close to the intersection with Raspberry Hill Road. , Move the park entrance road location an additional 400 feet southeasterly along Rowland Road. • • • • Bryant Lake Regional Park Access to Rowland Road I.C.52-067 March 5, 1992 Page 2 of 2 Hennepin Parks staff commented on both proposals as follows: • Shifting the alignment of Rowland Road significantly farther to the southwest into Bryant Lake Regional Park would result in significant impact to the park property with little additional benefit to the residential properties along Rowland Road in the vicinity of the proposed park entrance road. The additional space provided on the residential side of Rowland Road as a result of the proposed alignment shift should provide for adequate buffering of the residential properties. • Hennepin Parks staff have evaluated the impacts of relocating the park entrance road significantly further to the southeast along Rowland Road. Such a plan would result in significant fills to construct the park access road and encroachment into a wetland requiring both State and Federal permits. Park staff believes that the wetland encroachment permit would be difficult, if not impossible, to obtain since it's possible to build the entrance road in an alternate location (Le., its proposed location) without wetland impacts. Hennepin Parks staff estimated the increase in construction costs of $200,000 for the location proposed by area residents . A petition signed by area residents was presented to City staff with the request that it be forwarded to the Mayor and Councilmembers prior to the Council meeting March 10, 1992. A copy of the petition is attached to this memo. Staff believes that the tenor of the petition language goes far beyond the issue of the entrance . road location and may suggest an agenda that objects to the development of a regional park. The Hennepin Parks staff believe that the proposed plan reasonably addresses residents concerns voiced at the public hearing last August. The park entrance road has been offset from Raspberry Hill Road so that vehicles exiting the park would not be likely to accidently enter the Raspberry Hill neighborhood. Informational signing can be provided directing park users to Shady Oak Road. Creation of a boulevard area of approximately 50 feet in width on the residential side of the proposed park entrance road will provide adequate opportunity for screening residential properties. The traffic capacity of Rowland Road and the intersection of Rowland Road with the park entrance road are adequate for the anticipated traffic volumes. Alternative locations for the park entrance road have significant impact on the park property and the development cost for the park. These issues will be further reviewed with Council on March 10, 1992. ADG:ssa , ,..--'1- \ r""l \ , / z'" / , o~ / ~ t; ~ 02 \\6_2 2 -\4-60 \\ I \ ~~ \\ -3/ I I-. ~~ \\ / I I u. 2 EP z z Ii: 02-\16-2 2-I I CU " U I ::~; B: <> / \ \ ," I I,' ... QG" ,.'~ " ,," " ,..-\ r-\ r ,\ , , t3 () (' j\ '-- ..., '-J' I I a g 0:: 02_116-22-13-0053 g / !~I/ / ! /// I / 2\ I ' § ,g I' I / >-~ /"'<;', 0:: a.. ~ ~ 0:: ' I,· I CURB \ Q. : I; !'," ,: ,,',. U) ~ : ~ OJ ~, 1>" " ~. Q?"'...~t I 'r ',: .. ~ .y . , .' -' ~',_"'.' , -... -. ~ . -, -. \ ~o w " \3-0044 '\ " 41 '?E • .' -,,/... . ,~", .. :'.,:: \.' \., .:' • ':', 'I I ~ rl' ~"~"~.~ ~ " .~:,-, ,', • I • • III to ,,'.. 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PETITION TO RELOCATE THE BRYANT LAKE REGIONAL PARK'S MAIN ENTRANCE TO THE EAST OF BRYANT POINTE, CARMEL ADDITION, LUKNIC 5TH ADDITION, CHEROKEE TRAIL & SHADY OAK RIDGE We the undersigned residents of Bryant Pointe, Carmel Addition, Luknic 5th Addition, Cherokee Trail and Shady Oak Ridge object to the recommendations to locate the Bryant Lake Regional Park's main entrance in the heart of our residential area. These recommendations recklessly and willfully disregard the great risks and serious consequences of recognizable danger placed upon our residents by foreseeably increasing the number of park users wandering into our residential streets. This includes reckless drivers, intoxicated drivers, drivers who speed, drivers who use drugs, drivers with boat trailers with blind spots such that they cannot see small children, and God forbid drivers who are child molesters using our streets for short-cuts and turn-arounds to the park. Our children depend on the safety of our residential streets for the enjoyment of their homes and for their school bus pick-up and drop-off location. It is abhorrent and outrageous that such recommendations can be made, when the increased risks of death and injury are sufficiently great to lead a reasonable person to anticipate and guard against them. In addition we the people of this residential community acquired possession of our land before this new park entrance had been established. We feel placing the park entrance with the projected increase in traffic in the heart of our residential community will engender distress and fear that will cause substantial harm to the ordinary resident Past history demonstrates that the City of Plymouth and Hennepin County Parks used reasonable foresight to relocate the main entrances of Baker Park Reserve, Elm Creek Park Reserve, Carver Park Reserve, Cleary Lake Regional Park, French Regional Park and Hyland Lake Park Reserve away from their residential streets. We ask the City of Eden Prairie and Hennepin County Parks with this knowledge of the foreseeable and preventable consequences to also act in good faith with reasonable foresight by relocating the Bryant Lake Regional Park~s main entrance to a presently existing park service road just west of the intersection of Rowland Road and Old Shady Oak Rd. This reasonable alternative, without any more inconvenience to the City of Eden Prairie or the travelers of Rowland Road, effectively gives Hennepin Park users direct access to the park entrance without any need to enter the heart of our residential area . ~J~/'..,i,c -,' PETITION TO RELOCATE THE BRYANT LAKE REGIONAL PARK'S MAIN ENTRANCE TO THE EAST OF BRYANT POINTE, CARMEL ADDITION, • LUKNIC 5TH ADDITION, CHEROKEE TRAIL & SHADY OAK RIDGE NAME ADDRESS II 5 ~ 1 ,-<, 0_<1 P Q( U'-O' H Ltc kef tf 5 ¥ 1 K,,---," y'u.:. l ~ \ f.1 ~QQ 1< ci IIS!t ~/(""J' (-Ykr K //\--1 '1 ~1-5~hCyt-7? #// d 1/ ,t ( L "72_r \') LN'; 7 //1· /1 IG,r' .. '.' -p-/ (/? -. ./0 J S..J] Yy c..:...:. ~i ~ ,/~ • V1 (' / ! (y)-L( f2t<sphc i"( '-I l~ I?cf II (c(J) '"7?0 c.pbc ,-n/ j-( L( pc{ II bOO R ~~S p B i2 f-~) /-II ~\. f2 \) - / / 5"0 2--0CSy te( r l' r0;l. ,-' \...1...... l'-- I J!J~iL/ 1<'0f kvv~ fhll I<A., \\ , \. 1 ( I , I( II... / I , 1/52 '6 I<C=phc~2J Aldl ;:1 /1 / / 1/ /) //S-6.s, 'Ka~7/~/~ • • • ,: I" :;~ PETITION TO RELOCATE THE BRYANT LAKE REGIONAL PARK'S MAIN ENTRANCE TO THE EAST OF BRYANT POINTE, CARMEL ADDITION, LUKNIC 5TH ADDITION, CHEROKEE TRAIL & SHADY OAK RIDGE ADDRESS /1'.///1 p'r. 1/5(i;3 /lzj~t1W/-C1 i/<;ri{Xt;~'kfiJ:Pr~ Ny/- (:y70Cp ChQroke~ Tr~ yJ. 6; 10(, Che,ol~ If-cUjJ 'vJ .- 6t i:J... (~(:etru k~S( --rr-(A I ( lJ..--... o G G ~ C /~ ?-o~ (r~_ (;J l) {; / ? C L~~Q.Q !-A-_ LA-! (0 bIg C L9.A~~~l cc ---t-LU ro 6<1 b C h~ '\0 \c. Q<2-'\ ("". L0 ~ -Si ~ c..~o~ T~"l. LJ. 6-.r 71 e-trL-r£J Ue 7:cu I 6-17 f ~~&-d...gp 7YQA{ ~531 (JIWJ/~ (., s 3 () (' If£eokEt... T1Z4. i L bt;Z1 t£w ~vy ~IT P //5'/0 ~~~&ve4' 44...../Cp /rr;? 0 KcuJf~ II-iLl !2d' . / / 5'r'/ I,?u;~ II de ,&(. 11~7~ ~cfvr A~ ~ • J/~7S-~~~\ /I/,/JZ -t5t'I.(,b, E'1-r:R. PETITION TO RELOCATE THE BRYANT LAKE REGIONAL PARK'S MAIN • ENTRANCE TO THE EAST OF BRYANT POINTE, CARMEL ADDITION, LUKNIC 5TH ADDITION, CHEROKEE TRAIL & SHADY OAK RIDGE ADDRESS (p c., 10 CJl{f ~ Ir-4). I I , I I \ fa ')b\ fi~~ ~ rJ, ~ 533 t( (\ , /I/? <13 .a-4/~-:' /)JG \\~IS t:;uf\h~LL ~&) ~ P,~~ 119/5 D d'AJ'lJ/LL Ie/} I fEDDJ ?18:1;.{ 1/"/ J>' 7 Yu/IJA.;t/ l'?f £. P. I • I ) i I q tl y . ( • • 81 • PETITION TO RELOCATE THE BRYANT LAKE REGIONAL PARK'S MAIN ENTRANCE TO THE EAST OF BRYANT POINTE, CARMEL ADDITION, LUKNIC 5TH ADDITION, CHEROKEE TRAIL & SHADY OAK RIDGE NAME ADDRESS , Go "2.SD ~4e's:'eVC/6?~ P~. J-S:-s vy \~ . 'l C;; 'h -t:; '( 'l 1 o 251 C>~~oc/ Ch... S-Y-3yy -e/ / / ,/ I (;,;1 7"/ e f.<-.uw #/ M. (;" z ~ 5 -aaJ-e{,Ik>t!~ . .&. S,5-5 t.fd ~Jj/0 ChCt-oewcod ).Ql. £.~ 5Y.3l/t; G ~\ ~ <2-~~oU\) D<.<.-\.~ ~~ c\. \- , IqG! '--l. ; v .. :. , ...... PETITION TO RELOCATE THE BRYANT LAKE REGIONAL PARK'S MAIN • ENTRANCE TO THE EAST OF BRYANT POINTE, CARMEL ADDITION, LUKNIC 5TH ADDITION, CHEROKEE TRAIL & SHADY OAK RIDGE NAME ADDRESS 0'3 'LO CJ"\c~~ (l,\.A.'cd })(. ~ ~Q(p ~rJ) "tr- G,~,-Q}.. ......... ~.--D ~ 12'Z37a"~J~f.. ~ ~J? /'J • • PETITION TO RELOCATE THE BRYANT LAKE REGIONAL PARK'S MAIN ENTRANCE TO THE EAST OF BRYANT POINTE, CARMEL ADDITION, LUKNIC 5TH ADDITION, CHEROKEE TRAIL & SHADY OAK RIDGE ADDRESS ~t.J/2-kll~k-:e). f:dtJ~ 1J)J~ II /1 /I 1\ Ii; i 1) /1 ttt": )' ItlI'/l~« l2:~vI CP )" s.:Jv {/ ; JS2, /1-L-;lLi~ Ll_ (('-oJ S-~.3W 1/ 1/ )) &3GCf-I~da~ / I f:>3.6t( F~tf~~ II l!;;t/o r-rr~L-e!2f)ok I I r-AL.L~~~k k to ~ L/ro 63J8 f4 I/bf'ook Kef /t 63 0,4 -f/+L u3rt.JXfL /ZI). II , II I' il 'I PETITION TO RELOCATE THE BRYANT LAKE REGIONAL PARK'S MAIN • ENTRANCE TO THE EAST OF BRYANT POINTE, CARMEL ADDITION, LUKNIC 5TH ADDITION, CHEROKEE TRAIL & SHADY OAK RIDGE I , ) ) / J ) ) • 133 134 135 136 137 138 139 140 141 142 143 • • • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Robert A. Lambert, Director of Parks, Recreation and Natural Resources FROM: DATE: SUBJECT: Barbara Penning Cross, landscape Architect ~ February 27, 1992 Weston Bay Neighborhood Concerns and Park Redesign In response to neighborhood concerns, staff has been working with representatives from the Weston Bay Homeowner's Association to address issues regarding the design for Miller Park. The parking lot between the baseball fields and the softball fields complex was the main issue. Residents felt the parking lot was too close to the houses. Three alternatives were presented to a small group who met with staff last week. The first alternative was to eliminate the northern most parking bay from the plan. The number of parking spaces would be reduced by 34. "This proof of parking" would have served the park in this manner unless additional parking was needed, in which case it would be added. This alternative created a 160' distance between the property line and the parking lot. This option was not favored by the neighborhood because "the proof of parking" could be added at any time as shown on the original plan. The second alternative was to eliminate the northern most parking bay and add a tennis court. This was in response to the residents stating they would like to live next to a tennis court. This. option shows a 40' setback from the property line and would have permitted a maximum berm height of 4.5'. The neighborhood thought this option was better than the first plan because of the permanence of a tennis court, but favored the third option. The third option shows a change in the parking lot configuration. The parking lot has been pulled down to the south of the ballfields, and the ballfields have been spread apart and realigned farther north. This option gives a distance of 35' to the property line with a maximum berm height of 4'. The residents directly affected preferred this option stating they would rather live next to the ballfield than a parking lot. I agreed to fine tune the option leaving as much room as possible between the ball fields and the property line. The islands between the parking bays were reduced by 5' making them 15' wide, which is still adequate for hea1thly trees. The planting island between the street and parking was reduced by 10' bringing it down to 60'. This still allows enough room for a 10' trail and Weston Bay Neighborhood Concerns and Park Design February 27, 1992 Page 2 adequate landscaping to meet City code. The revised plan, option 3A, provides a 50' distance between the ballfields and the property line with a 4-6' berm. The revised plan shows an easy connection between the softball complex and the baseball fields, a direct pedestrian connection to the Babe Ruth field and a small drop-off area close to the building. The original plan had pedestrians moving with the traffic going to and from the fields, while the revised plan has the possibility of travel across the flow of traffic. The original plan also had many drop-off opportunities. Other issues raised by the homeowners on Weston Bay are as follows: • 1.. The Weston Bay residents are asking the City to eliminate the right-of-way out to County Road 4. The code requires two access points in and out of a subdivision for circulation and safety. While the elimination of the road would benefit the park and the residents along the road, the parks, recreation and natural resources staff and the Parks, Recreation and Natural Resources Commission have no authority to eliminate the right-of-way. By law, this could only occur if a public hearing were to be held, which would include the entire neighborhood. After listening to input from residents and City staff, the Council would make a decision. The park, recreation and natural resources staff is leaving the option open by leaving the area vacant. • 2. Berms will be provided as high as possible, but not exceeding a 3-1 slope as required by City code. We will be ordering a large number of trees with the larger trees being reserved for the bermed area screening the residents. The residents will also be able to have input on where trees are placed. Maintenance will also be a concern for safety and accessibility when plantings occur on the hillside. This will also need to be addressed as planting occurs. 3. The parking in the revised plan 3A has been shifted as far south as possible without . disrupting the flow of traffic. The original plan provides 346 parking places. The . alternative 3A provides spaces for 344 cars. 4. The lighting for the park will be selected to direct light on the playing surfaces and not on the neighborhood residents. Lights will be turned out at 10 p.m. when the park closes. The City can prohibit a public address system from being installed as part of the building for use by all, but would not support excluding any type of public address within the park. Tournaments will be played here and they may need a P A system for it to function smoothly. The City could initiate a permit process for use of a public address system at this park. If a public address system is excessively loud residents should be • encouraged to call the Police Department. ")1 t • • • Weston Bay Neighborhood Concerns and Park Design February 27, 1992 Page 3 5. City staff has no objection to the Homeowner's Association erecting a fence within the right-of-way along the cul-de-sac of Weston Bay Road. Staff feels this access would most likely be used by the residents on that street, but if they would like it blocked off, fencing the right-of-way would be acceptable as long as it is maintained by the Homeowner's Association. 6. The large oak tree situated on the property is in the middle of the berming to screen the softball complex. If this tree can be saved without extraordinary measures, it will be. Staff is waiting to hear from the Baseball Association for their comments regarding the revised plan. If the Baseball Association approves the changes, staff will recommend the revised plan. Staff wants to caution the Commission and the neighborhood that we have received many more complaints about ballfields over the past years than about parking lots, and do have a concern over the proximity of ballfi.elds to the neighborhood in the proposed plan. BPC:mdd weston/barb February 24, 1992 Mr. Robert Lambert 7600 Executive Drive Eden Prairie, MN 55344 Dear Bob: As homeowners on Weston Bay, we would like to express our appreciation for your time and consideration regarding Miller Park. Construction of this park presents a number of concerns we are sure would be shared by homeowners anywhere in Eden Prairie. While we are not opposed to the park itself -we recognize its value -there are two general areas of concern: safety and homeowner "peace of mind". In an effort to maintain a balance between community needs and resident satisfaction, the following issues are critical. First, we ask that you eliminate the right-of-way behind the Rottlund townhomes. Opening of this access would substantially increase traffic flow through a residential • area, creating an increased safety hazard for the children of the Weston Bay/Timber • Lakes/Island Road neighborhoods. As it is, the temporary gravel road access leading to Mitchell Lake has numerous motorists traveling at speeds well above 30 mph. Second, since property value and privacy are major concerns to us (basically the only residents bordering the park), we ask that you provide the maximum heights on berms along with larger, more mature plantings than proposed in the current plan. We also understand that as residents bordering the park we will have input as to where trees will be situated near our lot lines. Third, we insist that parking be as far removed from the residential area as possible while still maintaining the continuity of the park. Our primary concern is with the 340 car parking lot between the two ball field complexes. There is no reason why the east three-field baseball complex cannot be rearranged in a more parallel pattern to the park boundary, repositioning the front three rows of the parking lot toward future Interstate Highway 212. Further, we would like assurance that the lighting for the ball fields will be of the "louvered" design, directing the light at the field of play rather than the surrounding area. Along with the lighting concern, we would like to avoid excessive noise by excluding any type of public-address system within the park. • • • • Next, you indicated at our last meeting that a fence, or some type of barrier, could be built (at our expense) on park property to discourage park access at the end of Weston Bay Road. This park property is from the Forsberg residence (17005 Weston Bay Road) to the Weston Bay Association access. We want this assurance in writing. Additionally, there is a large oak tree situated on park property which appears to be in an open area of the proposed plan. You indicated that you were unaware of its existence. We ask that, if possible, you preserve this tree once construction is under way. In closing, we want to stress that these are collective and thoughtful concerns. We would be remiss in not expressing our feelings at this point. Your willingness to act on these issues will demonstrate a true concern for the residents bordering Miller Park. We look forward to your response. Sincerely, The Weston Bay Homeowners CC: Mayor Tenpas City of Eden Prairie • II m • • J • 1>-a -... fg -g. ;r , g s' It:. ~ ()J 1 :; ~JJ .,. r -< [ -ct"'~ ·~1~ (9 a~~ ~ '" IU . ~-~-t:-ff ~, • I ~£ =-..B ::D .h f'~j'~Q v S '(' ~-r ~ ~ ::-:, I .'--; • ( • • • RESOLUTION APPROVING SUBDIVISION OF NORTH 112 OF LOT 4, BLOCK 2, EDEN HEIGHTS RESOLUTION NO. 92-41 WHEREAS, a request has been made for the subdivision of North 112 of Lot 4, Block 2, Eden Heights, int.<> two lots and; WHEREAS, the r~uested subdivision is of small size and of minor importance situataed in a locality where conditions are well defined. NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The subdivision of North 112 of Lot 4, Block 2, Eden Heights is approved. 2. The City Clerk is hereby directed to provide a certified copy of this Resolution to the owners of North 112 of Lot 4, Block 2, Eden Heights . ADOPTED by the Eden Prairie City Council on March 10, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk CAROARELLE & ASSOCIATES, Inc. 941-3031 Land Surveyors Eden Prairie, MN 55344 Survey For ____ Qt_t_~_t_if_i_t_a_t_t_·®_f_~~~~t!ge 73 F1le __ * •. : t ~ ... " .'-. . .,. .•.. . ..... :-.. H 1 LJ-. TOP RDAD €:' 'lee ( -,~!'!:-; -------. ,-. ~'\-f-C-·-;-:-·---:-~"---------:-------='--:-.:t'I . ! . -', -" ,. j.' ,""t , . ~ . IP.,-" ------=-:----4~ ~ : .-, ,:" //&30' ~:i .. ,r-__ ...;;.(: . ..;..,7...:;.; ___ _ . i~·;,." . , • l". ":( ;; t{' h..- Jr ... : (', . I 5'c' - -, ?(~ , - 300'-.~ I ! SC::11e l' 50' I hereoyc.,.,~y 'ha"h,. os a 'rue an<! cor reel ,~esen'a'oon of a IU",ey of fhe boundar •• of Th~ ~ r.r th_~' ~ __ 0.f_I,._"?t .. 1 ... _. ___ _ -...B..!..oc 'k -~lJ:> ~-W:. kB-t --f:. _____ . ___ Hennep'n Coun'y. M'ooeso'a and of 'he Ioca'oon of aU bu'''''ng' 'he.IK'.'. and all • ()th VIIC;" encroachments, tf any, homo' on ,a.d land Sureveyed by me Iha .. _____ doy of . 5 0 3 .. ' . " Oct. q, -. . . 7 / ,. C~DAREll & ASSOCIATES, INC . ~T.lITr-Pt:r.: '.!'" ~t:;n~ • • • RESOLUTION APPROVING SUBDMSION OF LOT 9, BLOCK 1, EDEN HEIGHTS RESOLUTION NO. 92-39 WHEREAS, a request has been made for the subdivision of Lot 9, Block 1, Eden Heights, into two lots and; WHEREAS, the requested subdivision is of small size and of minor importance situataed in a locality where conditions are well defined . . NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The subdivision of Lot 9, Block 1, Eden Heights is approved. 2. The City Clerk is hereby directed to provide a certified copy of this Resolution to the owners of Lot 9, Block 1, Eden Heights . ADOPTED by the Eden Prairie City Council on March 10, 1992. Douglas B. Tenpas, Mayor ATIEST: SEAL John D. Frane, Clerk 941-3031 Survey For Linda Brace Scale: 1 "=50' 16501 Ploneer Tral1 Eden Pralrle 55)47 o Denotes Iron Monuments Found "\h.e.. .s-O""'-I~ o .} L. 07 c:r ... c 8-o .... o c 33' Eden Prairie, MN 55344 Book~ Page2L FiI9 __ _ NO. -- (PIONEER TRAIL) t:. .4-/2.''37'' p, 2~ r-, 1{,:3' , , , , I>-'al :' . , ,'I-' '" , , .,.. ''; , ... '" m , a /-I : , --~I'" '·<Z,\.6_1 ,;; ~\"·r~~I. ..' .. _ f., '" "" ... ~ '" ..,. ._O~'~ ~-t _, C" tri I ~ .... -. ' . .... ~" -"', Q. j ~ -'--- Z7.,4;'a 5' •. f~. IC,7 ' --, (-' n -~ ~ ~ -2. 1',0 "J~ S« f'l': ~ - I---1~7' -----; .... ---~ -., \-.,; , -I -- ~ ~ - Z'I',O;O<;"lI"'-I-. - ... 1 r-. ,~v" • t>.'" ",lJ \ Ih7.0· I hereby certify th~t thls l~ ~ trup ~nd correct rpprpfi-nt~ticn of a survey of the bound~ries of Lot ~, Block 1, EDEN HEIGHTS AuDITION, Hennepin County, ~:innpsota, ~nd of the loc"tlon c-f ~11 bul1din'l" thAreon, "nn ,,11 vi"lt-lp "ncr".,ch",pnts, if ~ny, from or on s'lln l"nn. Surveyed by mp this 27th d'lY of S"l"tembp.r, 1~85. • • • • • CITIZENS WHO HAVE REQOESTED TO BE CONSIDERED FOR APPOINTMENT TO THE BLUFF COMMITTEE: WALLACE HOSTAD (letter) KATE LASESKI (called in) GLENN A. OLSON (called him) DARRIL PETERSON (letter) EDWARD A. SCHLAMPP (called in) SCOTT WALLACE (called in) LOREN WUTTKE (letter) Hustad DEVELOPMENT January 17, 1992 Mayor Doug Tenpas Eden Prairie City Hall 7600 Executive Drive Eden Prairie, MN 55344 Dear Mayor Tenpas, I would like to be appoint.ed to the Bluffs Study Committee as the representative of the Riverview Heights Project. Sincere l;\' Yours, Hustad WHH/kks cc: Bob Brown Chris Enger 11000 W. 78th Street • Suite # 10 1 • Eden Prairie, MN 55344 • 941-4383 • • • • if /~~r/~ ~~ ~ /{;-# ~ ~ r/ &7f" ~--;l-...J-riI-~--\l CJ;f:~)r~~ C/g'l-/1:;(/ • • 168fjC Fl;-ing ;'1 ClIG Uri ,-e Eden Prairie, ~\ ~53l7' Tel,?: 93·1-1J80 f::"bruan: 13, 1992 Honorable ~ayor Douglas Tempass if a nor a b 1 e ~l E.' m b e r S 0 f the Cit :.~ Co U ~l C i 1 ,600 Executive Drive i~den Pra trie, \IN 5Ei:3·-l4 Subject: C:ommittee .\ppoin'tmen!:s to Stud:.-BLuff ReccalmendatiJl1s Ladies and Gentlemen: On Tuesday, February ±, 1 :J 9 2, Ii t ten de d a City C C) 1.1 n c i'-. S .~ S s ion ~herein the Council discussed appointment to the subject committee. I am of the belief that this committee should be made up of the following types of citizens: One m~mber frum the ::::ity C)illlCil, pceferably Dl. !''l~.··ris or Patricia ~·jdcock. ;~)ne me;nbec (rom the ;\,illnesot:'l De~)E\r1:,me,·,t of \'allir:.:\. ~(es,"YurC'e'''' ur'~b(' C.S. Department of Fish ann Kildlifc7 ~!alV\g'·nH3nr:. Une member from . i ty staff, PI'':'' ferably Je,~'tn ·Johnson. • Al] Gt.her members should at',d ;Bust. be ~L·\Ji)R land ,y,,-,ners along ;:Le L1.uff~ \"ithin the Cit.:.,~ of l~~den Prairie". • To appoint non-rnajc,r lE'ndoivnel's to tne commi tt .• ":e ;,;'ould !!ll~: the r-ecomrnelldat.ion rnai.;:in~ pr'ocess at a disiid':antage for us :\;.) h;:n;e \,;orked !!ard to own and rna inta i nf)l'ope r ty t h:'t t silould n()\,; ;; i \ r-, ,;'~ ·,1 f :.l i r :tnd e (lll ita b 1 ere t. urn for t 11 ish a r d h-0 r';,~ ,1. n din \ est In E' n t \,' j_ t I, c. Ll t: U n d \.l e legislative restraints upon .the Inarket-place, whether by government or by other citizens who feel they have a right to have a piece by \vhatever means, of our land. I ow-n fifty-three acres of Bluff Count.ry l:J.ndchat I fal.'m. I haye had to chase off and chastjze selfish tlrbanites ~hen they climb my bluff property to PlCi':, dig, ,Clnd pull ~li.) ,,-ild \eget.:1.ti'')11 that tlv:'y hant in Lheir :,'arcis o!~ Lomes. J am it [soy Scout LeclCier and thei-;j ::idul.t Lf:-c,dcl' who i.niL.L:.ted ~etti,lg a ·l -H C 1 u b r e -'-', t ;,'t r t e t.t i n Eli e n P r ,3 j r .i. .=-• T lJ e P r i'li r i >? Turn b 1. ,'-' '" '=' e d s 4 -H Club has foul~tepn youn-; :tctive memllprs in l.e:.n.'Ling the ~-E ,,;1:" (.Jf ORr: ne:ing-\mericn' s YOllth Locgpther" to "m,:tJ,(:· tt,'~ best b"..,,·tf?r". ()i' Fr_'OfiOlnic :\d\.~,'JltC·(:-f;lent of (l rcur-.\-ecLr' (1.C( l't"·.jj t\~··(i ;" o.i.l i-<~t:' f ~·i:--.t.'Ol')f\:-\ l educ,<liionaL b.{c·i;.gro1lnd is ,'co;10r:nLc:", :-lLd ',.;tai·i·~[j!~,s ·;lld ;L.l\·P (,,·'ell-:l <..;elf'-ellll'Loyed E:'nt.!'f-'I"'f'!lf':Ul' f'()c ('''-''r thiri:;, Jear~,;. ~ Loren R. \\uttke • • • • MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager of Assessing Jfi FROM: steven R. Sinell, Director DATE: February 5, 1992 SUBJECT: Board of Review options BACKGROUND At the January 27th workshop the Mayor and city council expressed interest in alternatives for the 1992 Board of Review. The Mayor and Council have the option, based on Minnesota statutes, to appoint a Special Board of Review. If the Council appoints a Special Board they must delegate all of their responsibility and authority regarding the Board of Review to the Special Board. The Mayor and Council has flexibility in who they appoint to a Special Board of Review and what compensation is paid to the Board members. The only requirement, by statute, is that one member of a Special Board be knowledgeable in real estate value. ALTERNATIVES Possible alternatives for 1992 include, but are not limited to: 1. Mayor and City Council serving as the Board of Review. ci ty Manager and Director of Assessing serving as staff liaison. 2. Mayor and City Council serving as the Board of Review. Council appointed real estate advisors to review properties and advise the Board. City Manager and Director of Assessing serving as staff liaison. 3. Appoint a three to five member Special Board made up of a combination of Councilmembers and volunteers. One of the Councilmembers or volunteers must be knowledgeable in real estate value. City Manager and Director of Assessing serving as staff liaison. 4. Appoint a Special Board made up of three or five volunteers. One of the members must be knowledgeable in real estate value. City Manager and Director of Assessing serving as staff liaison. 5/0 BOARD OF REVIEW OPTIONS PAGE 2 RECOMMENDATIONS That the Mayor and City Council appoint a Special Board of Review consisting of three volunteer members with one or more of the members knowledgeable in real estate value. City Manager and Director of Assessing serving as staff liaison. That the Mayor and city Council direct the 1992 Special Board to use the application forms and procedures that were approved by the Mayor and Council and used for the 1991 Board of Review. NOTE: We will plan to schedule this item for the February 18th Council Meeting. • • • • • • MEMORANDUM TO: THROUGH: Mayor and City Council Carl Jullie, city Manager FROM: DATE: Craig Dawson, Assistant to the City Manager~J> March 6, 1992 SUBJECT: city Charter study The Minnetonka-Eden Prairie-Hopkins chapter of the League of Women voters has recommended that the city examine the possibilities of expanding elected representation through a ward system and adopting a home rule charter. It also suggested that the Council appoint a committee to study these issues. In 1984, a Council-appointed City Charter study Committee recommended that the city retain its statutory status. It found few advantages, if any, to be gained through a home-rule charter; in fact, members noted a number of risks which are inherent with having a charter. The Committee suggested that,the issue of a charter be reviewed at some point in the future and assessed on its merits at that time. It did not, however, imply an endorsement of a charter by this suggestion • Ward representation and a home-rule charter appear to be linked. There are conflicting interpretations of law, but it is generally believed that ward representation is not permitted by statute; hence, wards are possible only in cities with charters that provide for them. statutory cities may expand their councils from five to seven members at-large. Charge to Committee: Should the Council determine that these matters merit further research and public comment, it may wish to consider structuring this investigation by an ad hoc committee. This group should study and make recommendations on three separate but interrelated issues: 1) Should the city Council remain with its at-large system of representation, or should it incorporate ward representation? 2) Should the City Council be increased in size from five to seven members? 3) Should the city retain its statutory basis of authority, or should work begin to offer voters a home-rule charter? Committee members would need to balance the implications of their answers to each question on each other in order to arrive at an overall recommendation. Memorandum to Mayor and City council March 6, 1992 Page Two committee Composition: The committee should be of a manageable size (seven to nine members). As the work of the 1984 Charter study Committee took nine months to complete, potential members should be willing to commit a similar period of time for a 1992 group. Committee members should take a broad view of the City as a political system and a business operation. One to two councilmembers may wish to serve (in 1984, two councilmembers served). Five of the nine members on the 1984 Committee still reside in Eden Prairie; they could be members or resources for this committee. The MEPH League of Women Voters chapter has offered support on this project; it could be represented in a full participant or ex-officio status. staff support for the committee would be provided from the City Manager's office. A study Committee vs. A Charter Commission: Presumably, in an exploratory phase on the desirability of a home-rule charter, the Council would prefer to have a Charter study Committee. It could • then make a recommendation whether the city Council should petition • the District Court to appoint a Charter Commission. Once established, such a commission can act independently of a city council in proposing and/or calling for referenda to change provisions of the charter under which the council must operate. Timinq: Should the Council wish to appoint a study committee, the appointments would be placed on the agenda for the Council's April 7 meeting. A thorough process of research and discussion by the committee members would likely result in a report presented to the Council in the last quarter of 1992 •. Attachments: Summary of MEPH-LWV issues Final report of 1984 Charter Study Committee CWD:bmm • • • • MEPH League of Women Voters -A look at the Ward System for City Elections -Eden Prairie- Definitions of Ward Systems -Residence within Ward - 1 to 3 Council members per ward -Most cities our size have 4 wards -Several have wards plus some at large representatives In Support of Ward Systems -Personal knowledge of candidates -Closer touch with constituents -Constituents feel they have some forum, can be heard -Lower campaign costs -Shorter simpler ballots -Special interests can be represented In Opposition to Ward Systems -Wards rarely are homogeneous -Unequal representation may occur within the ward -Encourages a spirit of localism which may pit ward against ward -May be difficulties finding qualified candidates each ward -Difficulties finding polling places within each ward -Limits choices by not allowing constituents to vote for candidates running in other wards. Compromise Arrangements -Elect all at large, but nominations come only from ward -Elect part by ward, and part at large (as do Minnetonka, Bloomington) -Proportional Minnetonka Experiences: Minnetonka's system of 4 wards with a mayor and 2 council people at large has the advantage of providing a balance between neighborhood issues and a city wide perspective. Minnetonka elections cost for ward representatives are less than many of Eden Prairie's city wide elections. This could be an incentive for a ward system as it may encourage more people to run for office. Charter form of Government There seems to be some disagreement about the need for a charter to implement a ward system. The League of Minnesota Cities informs us a charter is not necessary. (We are awaiting word from the Attorney General's Office.) It may be wise to establish a charter if we decide to move to a ward system for other benefits of a charter. As an example, the charter could also provide the guidelines for establishing are re-establishing ward boundaries as population changes. ( ( • M E M 0 RAN 0 U M TO: THE MAYOR AND MEMBERS OF THE EDEN PRAIRIE CITY COUNCIL FROM: THE EDEN PRAIRIE CHARTER STUDY COMMITTEE DATE: DECEMBER 7, 1984 Attached is our final report and recommendations to the ~'ayor and City Council of Eden Prairie on the current advisability of pursuing Home Rule Charter in place of the Statutory Plan B form of government now used in the City of Eden Prairie. All of our Committee rnembel~s unanimous ly support the cone 1 us ions expressed in tlli s orepOl~t. He began our study in r~al~th, 1984, at the request of t~uyor Penzel and the City Counci 1. Whi le Committee members agree that the Committee has researched all sides of the Home Rule Charter issue and agree with the analysis, members are also aware that beEause Eden Prairie has a relatively small and homogeneous population, it is easier to administer and manage than cities which have a larger population base. This report shares our findings about our current City government, our undel'standing of what a Home Rule Charter means, and presents PI"O forma conclusions as a result of the 0 Committee's baseline data ana lys oj s. We thank you for the 6pportunity to participate in this effort and hope you \'Ii 11 feel free to call on us in the future, if and when necessary, to help make Eden Prairie a better place for us all to 1 ive. Ruth Charchian, Co-chairman Julianne Bye Fred Hoisington, Co-chairman ~1arty Jessen' RichJrd Feerick Daniel Foth Willie Emry George Bpntley, Councilman Paul Redpath, Councilman Carl J. Jullie, City Manager Craig IL Di\\oJson, .Staff Liaisoon Karen j·1ichilr.l, Recording Secretary /)'~ ~ .:,. " : OJ "":i • • • • TABLE OF CONTENTS •• Memorandum 1 Table of Contents 11 Introduction 1 A Brief "State of the C1 ty" 3 Government Form 3 Present form of government 4 A Charter and the Role of the Charter Commission 5 Differences Between Statutory and Home Rule Cities 5 Charters 5 Chartel~ Commissions 5 Council Size-Representation 6 Citizen Participation 6 Initiative, Referendum and Recall 7 Growth and Change 7 Advantages and Disadvantages 8 Advantages 8 1. Local Determination of Government 8 2. Recall of Elected Officials .' 8 3. Initative alld Referendum on ~lunicipal Issure 9 4. Education/Participation of Residents in Local Government 9 Disadvantages 9 1. Performance of Current City Government 9 2. Lack of Additional Taxing Ability 9 3. Reduced Powers of Home Rule Charters 9 4. Loss of Uniformity of Municipal Law 9 5. Poorly-Drafte"d Charters 10 6. Charter Conmission 10 7. Special Legislation 10 Conclus~ons 10 Appendices 11 Results of Survey of Cities Having Adopte~ Charters Since 1973 12 ii 5t~C. :21q[1 " ( ( INTRODUCTION At the request of the Mayor of Eden Prairie and the City Council, the Charter Study Committee \'Ias formed March 22, 1984, to study the advantages and disadvantages of a Home Rule Chartel~ and to formulate a recommendat i on to the City Counc; 1 on the a.dv i sabil ity of the City pursuing a Home Rule Charter. The initiation of this introspective problem identification process by the City Council without the usual citizen provocation is to be commended. The Committee found that steps toward establishing home rule are almost always initiated by a disgruntled citizenry where there is a high degree of unhappiness with and/or distrust of the existing governing body or administration over matters of taxation, land development, or a variety of other issues. Adopting a charter is an obvious way to correct existing abuses while providing for greater citizen involvement and control over public policy. Too often, developing a charter is done for the wrong reasons involving a single emotional issue which might better have been resolved l'lith improved communication; A charter that evolves in this fashion is generally worse than the statutory provisions under which the City of Eden Prairie now operates. Recognition by the City Council of the need to continually reassess the state of the City in the face of rapid growth will be important in averting the confrontations til at would precipitate a resident-initiated home rule charter effort. The following represents conclusions reached by the Committee with· respect to specific areas of study. Our approach to accomplishing our objective was to look at the issue from three perspectives. . 1. Is there a current need in the City to make a change in the form of government? 2. What are the advantages and disadvantages of both Home Rule Charter and Statutory forms of government? 3. How do both forms of government fit the 1984 context of City government and City need? OUl~ research and analysis over a nine-month period included the following resources and tactics: Interviewed Mayor Penzel, Council Members Bentley and Redpath, City Attorney Pauly on -the current state of the City to determine the need for a change in government formJt. • • Revie\tcd material fro:n the LCu9UC of ~lil1nesota Cit ies (flulldbook for l,tilH1C'<)ot.a Citi(~s, III/o:ne Rule Chlll~t(~r Commission Proc-ccflll"e ll;--II Vi·-fncTp-fc"s -~iii(lProb 1 ems of Char trl' ~'i1k i nq" , "Advanli1qes unci Disadvantages of Ilo:ne Rule Charter", "/\ I'lodel • Chtll'tcl' fol' l'lilll1Csotil Cities") for bilckgt'ollnd ~(lfol"l11ation. -1- • • • Rcvicl'Jed the ~111jority/t·1inority Reports from the Charter Study Committee in the City of Burnsville to understand what our peer community found in its analysis of Home Rule Charter. Intervie\'Jed Julianne Bye on the experiences she had in writing a charter in a city in Montana to gain an understanding of the impact of implementing a charter. Surveyed and compiled results from a questionnaire sent to some thirty' cities in Minnesota which have adopted Home Rule Charters since 1973. . Invited two guest speakers to discuss their perceptions of the effectiveness of Home Rule Charter. They \'1ere: Counsel for the League of Minnesota Cities and the former Chair of the Minnetonka Charter Commission. Appointed a subcommittee to revic\"J the data gathered and report to the full Committee on the pros and cons of implementing a Home Rule Charter in Eden Prairie. This report, therefOl'e, continues \'lith an outline of our recomnendations based on our analysis of the current need, our understanding of Home Rule Charter and Statutory forms of government, and the implications for the City if it weri to change its form of government at this time. -2- ( ( ( A BRIEF "STATE OF THE CITY" Eden Prairie's major assets include its being a beautiful suburban city nestled in a rural setting. The City has excellent city services, ~ good school system, participatory City government, and an excellent financial base. A nwnber of companies have their corporate headquarters in Eden Prairie. These assets make Eden Prairie a great place in which to live. However, these asset~· also create Eden Prairie's major problem growth. Folks like Eden Prairie; they want ~o move here. This creates demand for more housing, commercial, and commercial/service development. All of this growth could threaten Eden Prairie's status as one of the best suburbs in which to live in the Twin Cities Metropolitan Area. Growth and how the City deals with it are our challenges for the 1980s and 1990s. 1984 finds Eden Prairie as one of the fastest-grolrling communities in the Twin Cities Metropolitan area. Between 1980 and 1984 the City's population has grown 40 percent from 16,263 to 22,500; its households have increased in number 30 percent from 6,220 to 8,200; and taxable assessed valuation has skyrocketed from $119 ~illion to $270 million - - a rate over 150 percent greater than inflation during this period of time. These rates of growth have remained relatively consistent and, if anything, appear to be increasing from year to year. Current projections estimate a population of 33,500 in 1990, and 60,000 to 80,000 persons when the City is fully developed early in the next century. Given this long-term outlook of substantial gro\'Jth and change \'.fithin the City of Eden Pra ide, the Charter Study Committee cons i dered whether the statutory basi~ of authority would provide the' community with the tools and wide range of authority needed to govern and manage its physical and social development. GOVERN~'ENT FOR~' In an ideal sense, drafting a home nile charter offers a great deal of latitude for creatinq a unique form of qovernment that is tailored exactly to the needs of the City. In practice~ thf't'e are just fOllr forms of govcl'nment used by home rule cities in t·1inncsota (\'JCak mJ.Y0 r - council, stron0 l]layor-council, council-manaqe,', and commission). The \'1ctlk mayor-collnc i 1 and counc i l-Inanagcr' forms are those predomi Ilunt 1 y selected by hOille I'Ille cities becJlIse they have a proven track rl")cor'd, arc easily understood ulld cun be finc-tuned to mrct the specific needs of ,:my co:nmllnity. \·lhi lc it might be intel'(~sting to try a confcdcl'ation of nei9hhol'hoocl~ or OtIH"I' 11(~\v upproach, no city in l·lil1llf'sot.a hus t'elegllted 1ll00'e thon i}(lviso,'y pm'lel'S to ~its SUb-units. r'ios t Stich vllri ~\t: ions can, of courSl~, be tlccolI~noda ted ,·Ii til in the Iwoven furms outlilled above •. • • • • • Present form of government: The City "of Eden Prairie is presently incorporated in accordance with the statutory Optional Plan B form of government. Plan B is also known as the ICouncil-~1i.lnagcr" plan. The elected City Council consists of a mayor and four council members. All policy Hecisions and legislative activities are the responsibility of the Council, but administrative duties are delegated to the City Manager. The Manager, who is hired for an indefinite term by the Council solely upon training, experience, and administrative qualifications, is strictly accountable to the Council for the effective administrat1bn of City business in accordance with Council decisions. Minnesota statutes provide a fairly clear demarcation of the responsibilities and powers of the council and manager. The Council has authority in policy and legislative areas and direct authority in only one personnel matter --the employment of the city manager. Council members are prohibited from dealing with or controlling any administrative person who is subordinate to the manager. They are not prohibited, however, from obtaining information perta~ning to city business from employees other than the manager. Statutes identify eight specific duties of the manager and provide that State laws, City ordinances, and Council resolutions may confer additional duties. Under statutory construction, cities are gene~ally limited in their pO\<Jet's to those defined by State law. For example, the numbet' of persons serving on the council is limited to five with representation on an at-large basis. Special legislation or adoption of a home rule charter \<Jould be required to change the number of persons cornpnslng the Council. Similarly, statutes do not expressly allow cities to have initiative and referendum; this process also could be accomplished only through speCial legislation or by charter provision. Interpretations of statutory powers generally follow Dillon's Rule and its corollary: Cities can do only what acts of law allow, and those issues to which the law is silent are not within the authority of the Council. As a Plan B Statutory City, Eden Prairie already operates under one of the two most popular forms of municipal government (council-manager). While gl'eatet' local control might be desirable; the Committee could find no t'eason to modify the cUl'rent form used in Eden Prairie at this time. In fact, it found that the loss of uniformity of municipal law with other 'statutory cities could be a real disadvantage especially in cases involving litigation. The precedents established for and by other statutory cities would not necessarily apply to home rule chal'ter cities. While a charter can provide for improved checks and billances over the City Manager's activities, the Co"~ittee found no significant abuses of authol'ity I1Ot' any pl'oblems associated \-lith the conduct of the ~1ani1.ger' s dut i es that vlOU 1 d \oJarrant improved checks and \).11 ances nm<J or in the future. -Il- ( ( A CHJ\RTER J\ND THE ROLE OF THE CHJ\RTER cor·lr·lISS ION Differences Between Statutory and Home Rule Cities: The major differ- encebeh/een home rule cities and statutory cities in r1innesota is in the kind· of enabling legislation under which they have been incorporated. Statutory cities derive their powers from Chapter 412 of the Minnesota Statutes. Home rule cities obtain their powers from a home rule charter. The distinction betvJeen home rule cities and statutory cities is es~entially one of organization and powers. Another important distinction between the two types of cities is that all statutory city powers are the result of action by the Legislature directing or authorizing them to do certain things. In the absence of such authorization, statutory cities have no power to undertake anything. By contrast, home rule charter cities can exercise any powers given to them by their locally adopted charters which are not in conflict with State laws of general application to home rule cities on the same subject. Charters: Charters are, in effect, local constitutions passed by local voters. State laws allow a wide ~ange of discretion to cities in adopting charters. The charters may provide for any form of municipal government, subject only to the requirement that they must be consistent with State law where it applies uniformly to all cities in the state. Charter language may be broad and simple or narrow and ·specific. A good charter should be simple to understand; provide a simple, workable, responsive organization for city government; and provide a comprehensive grant of power to the city in general terms. A charter should be concerned with the organization, administration, and powers of the city; such issues as civil liberties of residents are granted by the State and Federal constitutions. Charter Commissions: Home rule charters are drafted by local charter commissions and approved by local voters. A charter commission can be formed by the chief judge of the State district court by one of three ways: 1. Upon receipt of a petition to appoint a Charter Comnission signed by at least ten percent of the number of voters in the last City election, the judge must do so. 2. If the City Council, by resolution, requests the appointment of a Churter Commission, the judge must do so. 3. The judge may appoint a Charter Commission \'lithout waiting for a petition or resolution. This procedure is seldom lIsed unless some interest in the City is sl1ol'm. The only l'equircment fot' Charter Corn:nissioll membership is that an appointee be a qU\llified voter of the City. -5- • • • • Charter commissions are solely responsible for the final draft of the charter to be put forth to the voters. They may seek advice from a variety of SOUl~ces, including the City Counc; 1; hm-/ever, none of those entities co.nsulted must appt'ove the final draft before it is put to referendum. Charters may be amended in a number of ways. The process primarily consists of proposals by the city councilor charter commission; approval by a majority of the commission and unanimous vote of the council (in which case the charter may be amended by ordinance); and without these approvals, amendment by referendum with the city council responsible for the wording of the hallot question. Amendment may also be initiated by petition of at least five percent of the number of voters in the last State genet'al election in the City. The powers and responsibilities of the charter commission itself, and the commission vis-a-vis the City Council, are clearly stated in the Minnesota Statutes. If a charter is pursued and adopted by the City, it will be presided over by a court-appointed Charter Commission whicll is, in essence, another layer of government. While this will increase resident participation (an advantage), the mere existence of the Commission suggests a need to tamper continuously with the charter. COUNCIL SIZE-REPRESENTATION A charter would allow residents to decide the size of the City Council and how it would be constituted. While a larger council could be created by charter to broaden representation, the number of council members can, in fact, be changed (from the current five) by special State legislation under the present system. On the other hund, only a charter would permit the creation of a ward system where the city would be divided into districts and representatives elected in each. The Committee concluded that the present system of electing council members at-large can best serve the needs of a city with Eden Prai ri e I s homogeneous character and that presently a charter \'JOul d offer no advantages in improving representation'and accountability. CITIZEN PARTICIPATION In government as a whole, traditional citizen participation is a ,diminishing influence at the same time thllt issu~-oriented citilen pilrtic;pation is on the rise. It secms that fr.\'I l"esidents (Ire willing to spend the effol't neCCSSi11'y to \,!Od: alon~ m'ganizi.1tional lines. Controversial issues tend to bring,peoplc out of the \</ood\'iork. -6- ( ( The quest i on asked by the Committce \'1as \'/hether a chartel' mi ~ht require citizen pal"ticipation where it should be, but is not no'.'/, allowed or encouraged. The CO~littec's conclusion was that citizen participati<>.n is already at a considerbly high level in Eden Prairie and that any deficiences Wllich may exist are not so significant as to require charter provisions. On the other hand, the Committce concluded that the City should continue to strive for ways to better communicate \·Jith and bring residents into the decision-making process on a more regular basi~. INITIATIVE, REFERENDUM AND RECALL Initiative and referendum, not available to a statutory city, give residents a vehicle to change public policy. Recall provides residentS with a means to remove members of the City Council at times other than regular elections. All provide for increased citizen involvement in public policy matters. While the Comnittee very strongly believes in and advocates citizen participation, it is extremely concerned about the impact single-issue groups can have on the decision-making process given these tools. Well-conceived decisions that are made in the best interests of the City as a whole could be overturned by a minority special-interest group which is interested primarily ;n one issue and is often neighborhood-specific. Of course, had decisions by entrusted representatives based on special interests can also be corrected by the public with these mechanisms in place. The Committee concludes that there have been no abuses of the decision-making process to warrant institutionalization of these vehicles. In the interest of governmental stability, and with the absence of abuses, the Committee concludes that efforts to better communicate \'lith and involve the public in the decision-making process be considered as an alternative to initiative, referendum and recall. GROInl1 I\ND CHANGE One of the most important questions asked by the C:o:1lmittee \'las \'Jhethcr Plan B in any way constrains ·the City in its ability to deal effectively \'lith rapid grmlth. Hhile some grei1ter discretion might be possible in the area of special assessments, the Committee concluded that unless UH~ la\'Js of the State are chllnqr.d to cl'cate J disaclvantaqe for Plan [3 cities 0\' a distinct udvantllgC! for ho:nl~ rule cities, rapid grDl'/th could !lot be 1ll0l'C effectively IlJndled und(~r a charter thJIl Cllrrent stutlltory c1uthor ity. -7-" 51 "')· "'\ ..)'-.J • • • • Prior to 1973 there was considerable incentive in greater taxing discretion to become a home rule city. Laws passed since that time have substantially eliminated these advantages. While a charter could provide for increased checks and balances in the budget process, the Cornnittee concluded that no abuses are evident and increased public exposure to the budget process could be ae-comp1 ished within the present governmental framevmrk. The Committee found no advantages to be gained through a charter in this area. The Committee concluded that public services are currently very adequate in Eden Prairie and could not be improved by the creation of a charter. ADVANTAGES AND DISADVANTAGES Charter Study Committee members have reviewed literature, listened to a number of speakers, and had extensive discussions among themselves about the relative merits of home rule and statutory cities. As could be expected, neither system has a set of clear advantages or disadvantages which would make one clearly preferable. Presented belo\'J is a summary of advantages and disadvantnges ... /hich accompany the home rule charter system. ~ Advantaqes 1. Local Determination of Government The charter may be drawn up locally, in the open, by the residents of Eden Prairie, and must be adopted by the electors themselves. It would provide the form of government and the range of local powers and functions which the people desire it to have, vlhel'eas the statutory form of city governlllent is continually subject to the acts of the Legislature. To change any of its present powers, ·the City must apply to the Legislature for the enactment of a statute. A charter is subject to general action of the Legi~lature applying to all cities; nevertheless, the City is given the power to amend the charter to fit its own need. The Charter Study Comnittee has noted the Legislature has restricted the ,'ang0. of pOI'iers in local charters and the flexibility beh/cen chartel' and statutory cit i es has been narrov:ed. Hm'level', the percept i on of loctl1 contl'ol and the self-detcrminlltion is an impo)'tant feature of chal'ter l'Jrit i ng. . 2. Recall of El~ct~d Offici~ls Sttlte Statutes procedure for chul'tel' • prohibit the reenl1 of local officials. A rccJll of officials cnn be established in n -8- ( ( ( 3. Initiative and Referendum on Nunicipal IsslJre State 1 a 1'1 prohibits initiative and refercdum on municipal iss~es. Provisions for initiative and referendum can be contained in a charter. 4. Education/Participation of Residents in Local Government The entire home rule process is educational to all voters of the City. Some are called to work on charter com:nissions; the others must learn at least a little about charters and amendments because they must vote upon proposed changes. Experienced thus in local affairs, the people may become better fitted to cope with state and national problems. Disadvantages 1. Performance of Current City Government Based upon the information provided to the Charter Study Conlnittee, the members believe our present City government is working well. No one was able to present to the Study Committee specific reasons for change or altering the source of authority of government at this time. 2. Lack of Additional Taxing Ability The types of taxes and methods of application are specifically established by the Legislature. Charter writing will not increase our flexibility to determine our taxes. 3. Reduced Powers of Home Rule Chaders The Legislature has continually reduced the powers of home rul e charters. The diffel~ence in pOlflers beiv/een statutOl~y cities and charter cities has been greatly nal~rO\,led. The major difference is the ability"to establish a city's own form of government. Charter cities can e~tab1ish the number of council members, ward and/Ol' at-lat'ge elections, and the specific duties of city officials. As stated above, the ell dt'ter Study Co:nmi ttce cone 1 uded that the pn~sent f Ot'm is functioning \'lell and there is no evidcnt need fOl' change. 4. Loss of Uniformit~ of ~lunicipl\l \.al'l The charter will in some eases replace and in others supplement lIlunicipal lal,/. Presently, the City c.:m rely on the preccdent established hy municipal case 1 a\'1 to assist in the int.erpl'etation of the 1,)1'1, and often 1I:'(~ thosc precedellts in court c.}ses. f3ccause of the ind;vidual"ity of chart.ers, the pl'(~ccdcnt.s in Illllllicipal lall/ ill'C not entirely ap/1licable. -9- • • • • 5. Poorly-Draft_ed Charter's It is',critical that the charter be properly drafted. The charter \'lill become the basis for legal opinion. Amendments can be made to the charter but the process may be long. It may be difficult to write a document that will withstand court challenges. There are very few charter writing ~xperts. 6. Charter Commission State law establishes the procedure for adopting a charter. A charter commission, \',hich is appointed by the Chief Judge of the District Court, has the responsibility to draft the charter and subsequent amendments. As long as a city has a charter, it must have a charter corrmission. It has been the experience of other cities that standing charter commissions tend to "tinker" \\'ith their charters. Some observers have opined that to justify a cornmission1s existence, unnecessary amendments are often proposed, The expense of maintaining the charter and commissions, in terms of money and time, can offset the relative advantages of the charter. 7. Special Legislation Some certain cities have had experiences which suggest that it is easier to change the State law than to amend the local charter. This practice of changing the 1 a\,1 at the State level r~ther than amending ,the charter may allow special interests to circumvent the purpose of having a charter~ namely, that of having local autonomy. CONCLUSIONS In conclusion, the Committee is not unequivocally opposed to becoming a home rule city. \~e do feel that this is the wrong time and that there at~e fe\'I advantages to having a home rule charter given the. current and near-term state of the City. We feel strongly that the City government is working well and is highly responsive to the needs of its citizens. On the othcl' hand, the Committee strongly recommends a pet'iodic reevaluation of this question at approximJtely t\~o-'year intervJls. Changes in the 1«\1, the state of the economy, the character of the City, and the composition of the City Council may protluce significant' reasons and advantJges to become a home rule city in the future. -10- " ( ( APPENDICES Speakers Roger Pauly, City Attorney, City of Eden Prairie Wolfgang H. Penzel, Mayor, City of Eden Prairie Stan Peskar, General Counsel, League of Minnesota Cities Beverly l'}ales, Former ~hair, City of f·1innetonka Charter Commission Survey Tabulation of results for cities adopting or wholly revising charters since 1973 (included) Survey responses (on file) Charters (on file) league of Minnesota Cities Model Charter, 1977 edition. City of Cannon Falls City of Excelsior City of Minnetonka City of St. Louis Park league of Minnesota Cities Publications (on fi~e) Ch. 4, "The Home Rule Charter City", Handbook for City Officials, league of Minnesota Cities "Principles and Problems of Charter ~1aking,", Revised Janual'y 1977 "Advantages and Disadvantages of a Home Rule Charter", revised Decem- bel' 1974 IIHome Rule Charter Commission Pl'ocedure", Revised Octobel' 1974 IIOption Plans of Statutory City (Village) Government l', Revised August 1973 liThe Pros and Cons of the Council-11lanager Plan", Revised Januat'y 1966 -11-,. • • • • • • DATE: February 19, 1992 TO: FROM: HENNEPIN Commissioners and Staff Becky Ross, Committee Clerk SUBJECT: Schedule of Redistricting Hearings httmched iQ ~ list of the public hearings on redigtrictin9 that h~ve been BcheQ~led to date: Firat public hearing on preliminary plants) Ways and Meana Committee Thursday, March 5, 1992 9:30 a.m. Second public hearing on preliminary plan(e) Wa.y~ And MBan!! Committee Thursday, March 26, 1992 7:00 p.m. Final public hearing on redistricting Th~r=day, April 9, 1992 Unknown The final plan ia scheduled for adoption at the Board meeting on TU6sday, April 14, 1992. {I .1 , I. TEL No. J --5/5 Feb 19.92 16:46 No.006 P.02 ~fAC.t1.. 'R~CoHK~-.)"DIc-"(QN -it \17 TEL No. Feb 19.92 16:46 No.006 P.03 • J . GAYlI)! - I'I.YIlJ\I1H • AH110 • .-- • • • MEMORANDUM TO: Mayor and City council THROUGH: Carl Jullie, City Manager FROM: John Frane, Finance Director DATE: March 5, 1992 SUBJECT: Liquor store at the Prairieview Center (Rainbow Foods Area) Negotiations have been underway with the management firm for the Prairieview Center so that the City may open its third off-sale liquor store. At present there are 4284 square feet available in the middle of the eastern building. We have negotiated an understanding for a 5-year lease with a 5-year option starting at $11.50/square-foot with a $0. 25/square-foot increase per year. I estimate the cost of setting up the store to be about $100,000. The target date for. opening would be June 1. The owner has agreed to three free months rent . RECOMMENDATIONS: IDF:bmm It is recommended that the Council approve opening a store at Prairieview Center and that a lease be drafted for review and approval by the City Attorney. C:;I '7 • • • TO: THROUGH: FROM: DATE: SUBJECT: MEMORANDUM Mayor and Councilmembers Carl Jullie, Manager City of Eden Prairie Natalie J. Swaggert, Director Human Resources & Community Services March 6, 1992 Establish dates for upcoming workshops on "Challenges of Governing & Managing a City" In order to complete our review of City policies and further define roles and relationships, we need to schedule three additional workshop sessions. John Drozdal will continue to serve as our facilitator for these workshops. In our search for alternative workshop sites we have identified several possibilities. Normandale College and North Hennepin Technical College can provide both meeting space and dining services. Minnetonka and Edina have meeting rooms available at a small cost and outside catering can be arranged. Internally, we have the Outdoor Center, Senior Center and at some point in the future we may be able to use meeting space at the new City Hall site. At this time, Staff is requesting that the Council select three meeting dates and indicate their preference for location. cc: Carl Jullie pb:njs m-3wkshpdates • • •