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Home My WebLink AboutCity Council - 05/05/1992• AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 5, 1992 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, 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 Council Recorder Kate Garwood • ROLLCALL • I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINEss n. MINUTES A. Joint City Council/Board of AP.ueaJs & Adjustments meetin& held Tuesday. April 21. 1992 B.City Council meetin& held Tuesday. April 21. 1992 m. CONSENT CALENDAR A. . Clerk's License List B. Approval of Sip Lanpa" Intetpreter Services .Ioint A&reement between Cities of Eden Prairie and Edina Page. 903 Page 906 Page 912. Page .913 City Council Agenda May 5, 1992 Page Two C. proclamation for Senior Awareness Week (May 11-18, 1992) D. A»proye Plans for CSAB 18 from Riverview Road to Pioneer TraU. Hennepin County Project No. 6816. I.C. 52-175' (Resolution No. 92-89) E. Receive Feasibility Report of !&ona Reid Street and UtDity ImproYementc, LC. 52-217 (Resolution No. 92-90) F. Release of Special Assessment Amement · for Smmortive Infrastructure Servin, Cedar Ridn &tates G. Final Plat Approval' of Bell Oaks Fifth and Sixth Additions ,. Oocated east of Homeward Hills Road and Borth of Riveryiew Bruld (Resolution Nos. 92-91 and 92-92) . H. Award Bid for Skid Steer Loader I. Aggrove Grad;n, Permit for Neal BuiJdin" 7975 Wallaee Road' J. A»grove Supplemental Ammrent with Barton Aseh!PAB (or Desi&n of m 5 between CSAB 4 and CSAH 17, I.C. 52-13$ (Resolution No. 92-98) K. Almroye Amement with Twin City agd Western Railroad for Dell Road C[O$$;n,. LC. 52-126 L. Rewmrnendation to Hire En&ineerinl Cogsnltant (or MQJer brk IV. PUBLIC HEARINGSIMEEIINGS A. Order JmprovemeBts and Preptration of Plans and Specifications for Braxton Drive, LC. 52-189 (Resolution No. 92-56) Continued from April 7 and April 21, 1992 B. LARSON'S BIGH VIEW by Shirley Larson. Request for Preliminary Plat and Final Plat of 3.17 acres into 4 single family lots and road right-of-way. Location: 15380 West Sunrise Circle (Resolution No. 92-84 -Preliminary Plat; ReSolution No. 92-93 -Final Plat) • .Page 916 Page 917 Page 918 Page 919 Page 921 Page 924 'Page 9. Page 926 Page 932 Page 940 Page 942 • • • • City Councll Agenda May 5,.1992 Page Three C. D. E. STARKEY LABS ADDITION by' Starkey Laboratories, Inc. Request for Planned Unit Development Concept Review on 20 acres, Planned Unit Development District Review within the 1-2 and 1-5 Zoning Districts with waivers on 20 acres, Site Plan Review on 20 acres and Preliminary Plat of 20 acres into 2 lots and road right-of-way to be known as Starkey Labs Addition. Location: Northwest comer of Washington Avenue and .Hamilton Road (Resolution No. 92-8S -PUD Concept; Ordinance No. 10- 92-PUD-3-92 -PUD District & Zoning within the 1-2 and I-S Districts; Resolution No. 92-86 -Prelimhiary Plat) BLUFFS EAST 12m ADDIDON by Hustad Development Corp. Request for Zoning District Change from Rural to RI-13.5 on 12.47 acre~, Preliminary Plat of 12.47 acres into 28 single family lots and road right-of-way to be known as Bluffs East 12th Addition. Location: East of Antlers Ridge and Meade Lane, west of Franlo Road. (Ordinance No. 11-92 -Zoning to RI-13.S; Resolution No. 92-87 -Preliminary Plat) VACATION 92-03. Drainaae and Utility Easements on Lot 2. Block 1. The Preserve Commercial lark South (Resolution No" . 92-94) V. PAYMENT OF CLAIMS VI. ORDINANCES AND RESOLUTIONS A. B. 1st Readin& 9f Ordinance No. 13-19. Amendiu& Chapter 4. Liquor. Beer. and Wine Re&u1ations 1st Readina of Ordinance No. 12-92 relatin& to the Uniform Fire Code and Reeulation of Use on Mitchell Lake and Red RockLake VII. PETITIONS. REOUESTS AND COMMUNICATIONS A. B. SMTC Transit Hub/Commercial Venture -An informal presentation by SMTC HenDeJ.lin Parks Redistrictin& (Resolution No. 92-100) VIll. REPORTS· OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES IX. APPOINTMENTS Page 948 Page 956 Page 985 ?age 989 Page 1000 Page 1011 Page 1018 Page 1020 City CouneD Agenda May 5, 1992 Page Four X. REPORTS OF OFFICERS A. BmW of CounclJmembers B. Bmort 9f City Manaur C. Report of Director of Parks. Recreation & Natural'Respurce D. Be,port of Director' of Plannin& 1. SUmmary of 1'ranm9rta&n Demand, Manaummt Strate&! Plan 1-494 Cprridcu; Commipion (Continued from AprU 21, 1992) E. 'Reuort of Director of Publie Works 1. Award Contract for Dell Road Shoofly Gradina. I.C. 2. 52-126 (Resolution No. 92-95) , Receive 100% Petition for Public Improyemcnts for Bluffs 12th Addition and Order Preamtion of Plans & ,Specifications. LC. 52-256 (Resolution No. 92-97) F. Repprt of City Attorney XI. OTHER BUSINESS XII. ADJOURNMEN]' • Page 1028 Page 1036 • UNAPPROVED MINUTES • JOINT CITY COUNCIL/BOARD OF ADJUSTMENTS AND APPEALS TUESDAY, APRIL 21, 1992 6:00 P.M. CITY HALL COUNCIL CHAMBERS 7600 EXECUTIVE DRIVE, EDEN PRAIRIE COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock BOARD MEMBERS: Neil Akemann, Sharon Anderson, Don Argue, John Freemyer, Dwight S. Harvey, Arthur B. Weeks and Michael J. Wilkus COUNCIL AND COMMISSION STAFF: City Manager Carl J. Jullie, Assistant to the City Manager 'Craig W. Dawson, Director of Planning Chris Enger, Staff Liaison Jean Johnson, and Council Recorder Kate Garwood ROLLCALL I. CALL MEETING TO ORDER Acting Mayor Anderson called the meeting to order at 6: 10 p.m. Mayor Tenpas, Council member Harris, and Board members Neil Akemann and Don Argue were absent. &. CITY GOALS • A. Si2n Variances Board Chairman Dwight Harvey pointed out concerns for consistency in dealing with similar items and similar land uses with respect to signs. Shopping Center signs were discussed as an example. Anderson asked what feedback Staff had received about current code requirements and Board actions. Johnson reported that, while tenants sometimes wished more sign area was available, Staff had not received complaints about the amount of signs being inadequate. In addition, Staff had received positive feedback regarding how quickly applications for signs were handled by Eden Prairie. Jessen thought good judgement had been exercised and common sense decisions had been made by the Board with respect to shopping center signs. Pidcock concurred. Freemyer said that inconsistency in handling of sign variances had occurred when one land owner would make a request through the variance process of the Board of Appeals, but the other land owner requested a waiver from the same code provision through the PUD procedure. (This issue was discussed in greater detail later in the agenda.) Harvey said the Board had found quality signs within shopping centers resulted from use of consistent colors and sizes of signs on the structures. Anderson said he had not received complaints from business owners, nor did he believe there was "visual pollution" by signs in Eden Prairie. 1 C10'0 Enger suggested that a simple ordinance amendment could be written to legitimize the successful sig .. practices, whereby common themes of signs for various uses would be required. .., B. Shoreland Variances Harvey reported the current practices of the Board regarding Shoreland variance requests were conservative. Procedures required the Board to review all Shoreland ordinance variance requests as the Shoreland regulations were not allowed to be waived through the pun process. He asked for Council direction for future requests, noting that Shoreland regulations were in the process of amendment across Minnesota. New requirements would be more strict that the current standards. It was pointed out that the number of requests was expected to increase over time. Pidcock said consistency was important. Harvey explained that the Board was inclined to be lenient when considering existing conditions, but mo~e strict with new development. Jessen stated he believed a strict interpretation of the Shoreland regulations was appropriate, and noted that nearly all lakes had, or would soon have, public access provided by the City. He said there were good environmental reasons for the strict interpretation. Harvey stated that Shoreland variances requested for property along creeks presented greater difficulties than those requested for lake property and asked for Council direction as to whether the two situations should be treated the same. Council members concurred that the two situations should be treated the same. Enger reported that Staff was in the process of mapping those areas of the City impacted by thfl' proposed Shoreland ordinance regulations. The mapping would delineate lots where conflicts would arise, allowing the City to make appropriate code provisions specifically for Eden Prairie. Wilkus stated conflicts existed in industrial areas adjacent to creeks, and that such conflicts would continue to exist under the new Shoreland regulations with respect to impervious surface and setback requirements. He explained that it was difficult to act on these variance requests when it may be the only variance for an entire project. Harvey asked for Council direction regarding Shoreland variance requests in the future. Councilmembers agreed that the current approach was appropriate and justifiable. New regulations would 'require the attention of both Council and the Board. c. PUD Waivers vs. Board of Adjustments and Appeals Variances for the Same Land Use Harvey restated Freemyer's comments regarding the Board's concern that similar requests acted upon by the Council and the Board -one through the pun process and one through the variance process - be dealt with consistently. One example was the difference in signs allowed for the two automobile dealerships in the City. One dealership was allowed a greater amount of signs through the pun waiver process than the other. The exact differences were explained. The criteria for review of a variance versus a waiver required different findings - a variance requee must be based on proven hardship, while a waiver from the code through the pun process was based 2 NO i / "1f J I i • • on merit of design. Occasionally this resulted in different standards for the same land uses depending upon which method was used, PUD waiver or variance. The Board felt consistency was important between similar land uses. Councilmembers concurred. Council members discussed the procedures in detail with the Board and Staff, concluding that consistency was important and directing Staff to point out these situations in the future. D. Achieve Quality Development Without Compromisin2 Code Re2Ulations Harvey stated that the Board was proud of the quality of development in Eden Prairie. He expressed the desire of the Board to maintain those quality standards and to resist the temptation to loosen the standards when building permits and development proposals slowed. Anderson stated that he appreciated the work of the Board. He explained that he thought the role of the Board was one which should protect the established quality by maintaining existing standards of the City. He agreed that this was important even during slow economic periods, adding that it would be beneficial for everyone into the future. Other Council members concurred. E. Other Items Parking at Strip Shopping Centers The Board had observed that the number of parking spaces presented problems in strip shopping centers where restaurants had been issued a liquor license. It was suggested that alternative parking requirements be considered for these situations. Council directed Staff to review this issue. Requests for House Moving The Board was concerned that house moving permits were granted without requirements for financial accountability on the part of the builder. Weeks related one particular situation wherein vandalism became a problem and the home had become an attractive nuisance to kids. Jessen asked if a financial security from the builder could become part of the process. Enger stated that this could be a requirement of the house moving permit issued by the Board. Council members agreed that a bond would be a good tool in these situations. Jessen commented that the joint session was helpful and informative and thanked the Board members for their participation. Harvey stated that it was the Board's desire that such joint meetings occur more frequently. ID. ADJOURNMENT • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 21, 1992 7:30 PM, CITY HALL 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, 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 Council Recorder Kate Garwood PLEDGE OF ALLEGIANCE ROLL CALL Acting Mayor Anderson called the meeting to order at 7:30 p.m. Tenpas was absent. • I . APPRO V AL OF AGENDA AND OTHER ITEMS OF BUSINESS Jessen added Item X.A.I.. Schedule Special Meeting with City Manager for Goal Setting 1992. Pidcock added Item X.A.2 .. Soccer Fields. and Item X.A.3 .. Ice Arena Legislation. (During the meeting, Items XI.A. and XI.B. were added.) MOTION: Jessen moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. II. MINUTES A. Council meetine of March 17, 1992 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the regular Council meeting of March 17, 1992, as submitted. Vote on motion: 3 -0 - 1 (Jessen abstained) B. Canvassine Board meetine of March 17, 1992 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the Canvassing Board meeting of March 17, 1992, as submitted. • Vote on motion: 3 -0 - 1 (Jessen abstained) 1 C. Council meetin2 of April 7. 1992 • MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the regular Council meeting of April 7, 1992, as submitted with the following amendment: Page 11, third line in the motion, amend "acrse" to read "acres." Motion carried unanimously. ill.CONSENT CALENDAR A. Clerk's License List B. Proclamation for National Youth Service Day to be held Tuesday. April 28. 1992 C. Establishin2 Pollin2 Places (Resolution No. 92-83) D~ Proclamation for Arbor Day as May 2. 1992 E. Connection to Metropolitan Waste Control Commission Facilities of Sanitary Sewer to Serve Fairfield of Eden Prairie 8th Addition (Resolution No. 92-76) F. Award Contract for 1992 Fire Hydrant Paintin2. I.C. 52-251 (Resolution No. 92-77) G. Award Contract for 1992 Maintenance Materials and Water Treatment Chemicals. I.C. 52-21' (Resolution No. 92-78) H. Award Contract for 1992 City Street Stripine. I.C. 52-254 (Resolution No. 92-79) I. Final Plat Approval of Boulder Pointe 3rd Addition (located at the southwest quadrant of Mitchell Road and Twin Lakes Crossine> (Resolution No. 92-80) J. Award Contract for Rowland Road. I.C. 52-067 (Resolution No. 92-81) K. A2reement for Columbine Road Ri2ht-of-Way Acquisition from Wal-Mart L. Approval of Supplement No. 3 to Aereement #64918 with MnDOT for Desien of TH 5 between CSAH 4 and CSAH 17. I.C. 52-135 (Resolution No. 92-82) M. Approval of Consultant Fees for Miller Park (Renumbered as Item X.B.3.) N. Approval of Aereement with Cluts. O'Brien. Strother Architects for CPT Buildine remodeline. site modifications. special construction. and interior desi2n (See discussion below) MOTION: Pidcock moved, seconded by Jessen, to approve Items A - L and Item N on the conse. Calendar, renumbering Item III.M. as Item X.B.3. • Councilmembers raised questions regarding Item N, the contract for CPT building remodeling, site modifications, special construction, and interior design. Brian Cluts, President of Cluts, O'Brien, Strother, responded to questions from Councilmembers regarding hourly charges, higher estimated costs, the basis for fees, timing for proposed future improvements, and estimated cost for the total program. Jessen said the Council should understand the work program in order to understand the fees proposed in the contract. He suggested a thorough discussion of the work program should occur at the Council work session on April 27th. Based on concerns about delays to the project, Councilmembers concurred that an hourly contract would be in order at this time. Approval of the contract for the entire work program would be considered at the May 5th meeting pending discussion by t~e Council of the entire work program on April 27th. VOTE ON CONSENT CALENDAR AS AMENDED: 4 -0 -0 IV • PUBLIC HEARINGS/MEETINGS • • A. Amendments for Tax Increment Financing -1992 Amendment of Development Program for Development District No. 1 and 1992 Amendment of Tax Increment Financing Plans for Tax Increment Districts Nos. 1. 2. 3. 4. 5. 6. and 7 (Resolution No. 92-52) MOTION: Harris moved, seconded by Jessen, to continue this Public Hearing to May 19, 1992. Motion carried unanimously. B. Order Improvements and Preparation of Plans and Specifications for Braxton Drive. I.C. 52-189 (Resolution No. 92-56) Continued from April 7, 1992 This item was continued from the April 7th meeting. Dietz reported that the landowners involved were in the process of negotiating a joint project which would affect the plans and specifications for Braxton Drive. The negotiations should be completed in time for the May 5th meeting. MOTION: Jessen moved, seconded by Harris, to continue this hearing to the May 5th meeting. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the payment of claims. Motion carried with Anderson, Harris, Jessen, and Pidcock voting "Aye." VI. ORDINANCES AND RESOLUTIONS There were none . 3 VII. PETITIONS. REOUESTS AND COMMUNICATIONS There were none. • Vill. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES A. Human Ri2hts & Services Commission -Rental Housin2 Code The Human Rights & Services Commission had completed work on the Rental Housing Code as directed by Council at previous meetings. It was proposed that three information meetings be conducted during May to gain public comment from landlords and tenants. Bill Jackson, Chair of the Human Rights & Services Commission, reported that the Commission had determined the most efficient way to publicize would be notice in the local newspapers and mailing of notices to be posted in public locations in VarlOUS apartment complexes in City. MOTION: Jessen moved, seconded by Harris, to approve the public notification plan for the Rental Housing Code proposed by the Human Rights & Services Commission. Motion carried unanimously. IX. APPOINTMENTS A. Human Ri2hts & Services Commission -Appointment of 1 member to fill an unexpired term A two-year vacancy existed on this Commission due to the resignation of Dick Daniels. • throu2h February 28. 1994 (Continued from April 7, 1992) MOTION: Harris moved, seconded by Jessen, to appoint Ross Thorfinnson to the unexpired two-year term on the Human Rights & Services Commission. Motion carried unanimously. B. Parks. Recreation & Natural Resources Commission -Appointment of 1. member to fill an unexpired term throu2h February 28. 1993 (Continued from April 7, 1992) A one-year vacancy existed on this Commission due to the resignation of Paul Karpinko. MOTION: Pidcock moved, seconded by Harris, to appoint Claire Hilgeman to the unexpired one-year term on the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. X.REPORTS OF OFFICERS A. Reports of Councilmembers 1. Goals of City Mana2er -1992 Jessen said an executive session should be scheduled for review of this issue within one month. Council members concurred. C. ouncil directed Staff to coordinate schedules for Council members aIJliII.. the City Manager. • 4 • • • 2. Access to Soccer Fields Pidcock reported there had been a resolution to the matter of Gino Gori's request for access to the soccer fields. 3. Le2islation Re2ardin2 Equal Ice Time for Girls and Boys Pidcock reported that the Minnesota Legislature had passed a bill requiring school districts to provide equal ice time for boys and girls. She said cities were not included; however, it raised a question about the affect of the law on the City of Eden Prairie as a public agency. Staff was asked to research the issue and report findings to the Council. B. Report of City Mana2er 1. Guidelines for Appointin2 Board/Commission members (Continued from April 7, 1992) MOTION: Jessen moved, seconded by Pidcock, to continue this item to the May 19th meeting. Motion carried unanimously. 2. Set Place and Time for April 27 Council/Staff Workshop Jullie reported that the Council/Staff workshop scheduled for April 27th would be held at the University of St. Thomas facility in Chaska, starting at 5 p.m., with Council's approval . MOTION: Jessen moved, seconded by Pidcock, to approve scheduling of the Council/Staff workshop as recommended by Staff. Motion carried unanimously. 3. Approval of Consultant Fees for Miller Park (formerly Item III.M.) Jessen questioned the method used for selecting the consultant for this work. Councilmembers discussed the differences between a "bid" method and an "RFP" method for obtaining professional services and the situations in which each method might apply. Jessen said the Miller Park contract appeared to be a mix of the two methods, making the selection process questionable. Anderson expressed concern about delays in this project based on representations made to the public throughout the park bond referendum process. He said he would be uncomfortable with any decision which would delay the park development. Jessen said he was sympathetic to the issue of timing; however, he was equally concerned about public scrutiny as to the fairness of the selection process. Harris noted that Staff had made a recommendation based on Council goals of minimizing costs and awarding work to Eden Prairie firms. After further discussion, Council directed Staff to interview the three low bidders for the contract and report the results at the May 5th meeting. 5 ,'j .",) ....... ;! .' .' '."" MOTION: Jessen moved, seconded by Harris, to continue this item to the May 5th meeting. Motio~ carried unanimously. • C. Report of Director of Plannin2 1. Summary of Transportation Demand Mana2ement Strate2Y Plan 1-494 Corridor Commission (Continued from April 7, 1992) MOTION: Pidcock moved, seconded by Jessen, to continue this item to the May 5th meeting. Motion carried unanimously. XI.OTHER BUSINESS A. Wetlands Information Packets Scott Wallace, 12465 Sunnybrook Road, presented each of the Councilmembers with an informational packet on the new wetland regulations passed by the Minnesota Legislature. Councilmembers thanked Mr. Wallace for his consideration on their behalf. B. Open Forum for the Public at Council Meetin2s Council members discussed the idea of holding an open forum before or after regular meetings in or~:.. to accommodate the public. Council members agreed to discuss the issue in greater detail at t~ Council/Staff Workshop on April 27th. xu. ADJOURNMENT MOTION TO ADJOURN was made by Jessen, seconded by Pidcock. Acting Mayor Anderson adjourned the meeting at 8:55 p.m. • 6 C) 1 f i I ; • • • CITY OF EDEN PRAIRIE CLERKIS LICENSE APPLICATION LIST t~ay 5, 1992 CONTRACTOR U~UL TI-FAMILY & cor~r~.) Alive IN Kicking Carlson Consolidated Realty & Const. C. F. Haglin & Sons Company Nerem Construction Unipro Construction Co. PLUMBING ABC Plumbing A & J Plumbing John Adelmann Plumbing Kelly Plumbing & Heating, Inc. Meier Plumbing Oak Grove t·1echan i ca 1 CljASS A GAMB LI NG ~inneapolis Jaycees GAS FITTER ABC Plumbing Kelly Plumbing & Heating, Inc. Martin Plumbing & Heating Metro Gas Installers N.S.~echanical, Inc. HEATING & VENTILATING Honeywell, Inc. Larson Plumbing, Inc. ON SALE WINE & STRONG BEER Gui-Lin Restaurant (renewal) 3.2 BEER 0'1 SALE Gui-Lin Restaurant (renewal) These licenses have been approved by the department heads responsible for Qjl;:;Vit y , Pat Solle Licensing • • • MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: David Lindahl, Planner DATE: April 27, 1992 SUBJECT: SIGN LANGUAGE INTERPRETER SERVICES BET\VEEN CITIES OF EDEN PRAIRIE AND EDINA. Request: To authorize the Mayor and City Manager to execute the attached agreement between the City . of Eden Prairie and the City of Edina. The purpose of this agreement is to assign the CDBG administration duties for both Cities' Sign Language Interpreter Services Programs to the City of Edina. Background: As you may recall, the City approved $800 in CDBG funds this year to provide sign language interpreters for hearing impaired individuals participating in various recreation programs. This service is provided through the City's Adaptive Recreation Program. Hennepin County requires cities to combine CDBG activities with the same activities of at least one other community, in cases where funding levels for those activities are very low. Under this arrangement, one cooperating city, or agency, would administer the CDBG funds on behalf of the others. This reduces the administrative burden for Hennepin County. The City'S other two human service activities funded through CDBG (Child Care Subsidy Program and HOME) are administered under a similar arrangement. Like Eden Prairie, the City of Edina provides sign language services to its residents with CDBG funds. Edina has agreed to administer the CDBG funds for the sign language program for both cities. Eden Prairie will submit requests for CDBG reimbursements to the City of Edina. Edina will include our CDBG requests with their own. Hennepin County will reimburse Edina, and Edina will then reimburse Eden Prairie. The Adaptive Recreation Departments of each City will continue to provide sign language services to their own community. The Cities will only use the funds that were approved by their Cities for this activity, which is $800 for Eden Prairie, and $3,000 for Edina . q:? : : ,,' I. PARTIES COOPERATIVE AGREEMENT CITIES OF EDINA AND EDEN PRAIRIE The parties to this agreement are the following cities located in Hennepin County, Minnesota: City of Edina, and City of Eden Prairie. II. BACKGROUND AND PURPOSE: The parties to this agreement, here in called "Cities," want to cooperate in the administration of the Sign Language Interpreter Services Program, here in called "SLISP." The SLISP is funded through the Community Development Block Gr~t Program, here in called "CDBG." SLISP provides sign language interpreters for hearing impaired individuals participating in various recreation activities within the Cities. Hennepin County, administrator of the Urban Hennepin County CDBG Program, will not approve CDBG activities with low funding levels from anyone city, unless it is combined with the same activity of at least one other city. Also, one city is required to administer the activity on behalf of the others. This arrangement reduces the administrative burden for Hennepin County, which distributes CDBG funds to forty-four communities participating in the Urban County CDBG Program . ill. PROVISIONS: A. The City of Edina will administer CDBG funds for the Sign Language Interpreter Services Program for both Cities. This means the City of Eden Prairie will submit its warrant requests for SLISP expenditures to the City of Edina. Edina will include Eden Prairie's requests with their own and submit to Hennepin County quarterly. Hennepin County will reimburse the City of Edina for both requests. The City of Edina will then reimburse the City of Eden Prairie. B. The Adaptive Recreation Departments of each City will be responsible for providing SLISP services for their community. C. The City of Eden Prairie will submit complete warrant requests with all required documentation quarterly to the City of Edina. This will minimize additional work for the City of Edina. D. The Cities will only use the amount of Year XVIII CDBG funds approved by each City'S Council for the Sign Language Interpreter Services Program, which are as follows: City of Edina City of Eden Prairie - $3,000 $ 800 • • E. This agreement authorizes Hennepin County to combine the Cities' Sign Language • Interpreter Services Programs for CDBG Program Year XVIII. • • • IV. EFFECTIVENESS OF AGREEMENT: This agreement is effective on the date on which a fully executed copy of this agreement is executed and filed with each City. IN WITNESS WHEREOF, the undersigned parties have caused this agreement to be signed by their duly authorized officers as of the date duly shown opposite their signature. Date City of Eden Prairie By Its Mayor By Its City Manager Date City of Edina By Its Mayor By Its City Manager • • • PROCLAMATION CITY OF EDEN PRAIRIE PROCLAMATION PROCLAIMING MAY 11 -18,1992 AS "SENIOR AWARENESS WEEK" WHEREAS, senior citizens are important members of our community; and WHEREAS, senior citizens provide valuable resources to our community; and WHEREAS, the community wishes to acknowledge the services and programs available to seniors and their families; NOW, THEREFORE, I, Douglas B. Tenpas Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 11 through May 18, 1992 to be: "SENIOR AWARENESS WEEK" in the City of Eden Prairie, Minnesota. ADOPTED by the Eden Prairie City Council on this 5th day of May. 1992. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. ATTEST: John D. Frane, City Clerk ')' ' ~,J 1/1 , ~ \..J,f Douglas B. Tenpas, Mayor on behalf of Councilmembers: Richard Anderson Jean Harris H. Martin Jessen Patricia Pidcock • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-89 RESOLUTION APPROVING PLANS PREPARED BY HENNEPIN COUNTY FOR IMPROVEMENTS TO COUNTY STATE AID HIGHWAY NO. 18 BETWEEN RIVERVIEW ROAD AND CSAH 1 (pIONEER TRAIL) WHEREAS, Plans for Hennepin County Project No. 6816 showing proposed alignment, profiles, grades and cross sections for the construction, reconstruction or improvement of County State Aid Highway No. 18, as a Federal/State Aid Project, have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that said plans be in all things approved, as corrected, and that the City agrees to provide the enforcement for the prohibition of on-street parking on those portions of said Project No. 6816 within its corporate limits. ADOPTED by the Eden Prairie City Council on May 5, 1992. ATTEST John D. Frane, City Clerk D/: . i i J' f Douglas B. Tenpas, Mayor SEAL • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-90 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer, through RCM recommending the following improvements to wit: I.C. 52-217 -Leona Road Street and Utility Improvements 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 the June 2, 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 May 5, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • • • 1- 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 ________ _ FACTS 1. A certain Agreement Regarding Special Assessments (" Agreement") dated March 15, 1989, was executed by and between the City, and Westar Properties, Inc., a Minnesota Corporation, Jab-USHOT, a Minnesota Partnership and Helen Rogers Dressen, a single person which Agreement was filed as Document No. 2007558 with the Registrar of Titles on April 18, 1989. The Agreement related to the property described therein as: Lots 1 through 15, Block 1; Lots 1 through 9, Block 2; Lots 1 through 4, Block 3, Lots 1 through 9, Block 4; Lots 1 through 7, Block 5; and Lots 1 through 11, Block 6, Lots 1 through 6, Block 7, Lots 1 through 11, Block 8, Outlot A and Outlot B, Cedar Ridge Estates, 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 March 15, 1989 filed with the Registrar of Titles as Document No. 2007558 on April 18, 1989. 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. CITY OF EDEN PRAIRIE A Municipal Corporation BY: ~-----------------------Douglas B. Tenpas Its Mayor BY: ------------------------~----Carl J. J ullie Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 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 RFRlOI-14-88 0'1'\ i (~\v • • • • • • MEMORANDUM TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technic~/-l DATE: April 29, 1992 SUBJECT: Bell Oaks Fifth and Sixth Additions - PROPOSAL: The Developer, Bell Oaks Company, has requested City Council approval of the final plat of Bell Oaks Fifth and Sixth Additions. Located north of Riverview Road and . east of Homeward Hills Road, Bell Oaks Fifth Addition contains 2.0 acres to be divided into six single family lots and Bell Oaks Sixth Addition contains 0.94 acres to be divided in one single family lot and one outlot. Outlot A contains 0.44 acres, ownership of which will be retained by the Developer for a future development. . HISTORY: The preliminary plat was approved by the City Council January 19, 1988 per Resolution No. 88-16. Second reading of Ordinance No. 8-88-PUD-1-88, changing zoning from Rural to Rl- 13.5, was finally read and approved at the City Council meeting held April 5, 1988. The Developer's Agreement referred to within this report was executed April 5, 1988. VARIANCES: All variance requests not originally granted through the. Planned Unit Development process must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways, and walkways have been installed throughout this project in conformance with City Standards and the requirements of the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Bell Oaks Fifth and Sixth Additions subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee in the amount of $280. JJ:ssa cc: Bell Oaks Company Orr-Schelen Mayeron & Associates CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-91 A RESOLUTION APPROVING FINAL PLAT OF BELL OAKS FIFTH ADDmON WHEREAS, the plat of Bell Oaks Fifth 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 Minn~sota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bell Oaks Fifth Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April B. C. 29, 1992. . 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. 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 May 5, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • • • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-92 A RESOLUTION APPROVING FINAL PLAT OF BELL OAKS SIXTH ADDmON WHEREAS, the plat of Bell Oaks Sixth Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bell Oaks Sixth Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 29, 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 May 5, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: Stuart A. Fox, Manager of Parks and Natural Resources DATE: April 30, 1992 SUBJECT: Bids for Skid Steer Loader BACKGROUND: The original 1992 budget for capital outlay did not include the purchase of a skid steer loader; however, in February the City Council approved a staff request to restructure the 19?2 budget to accommodate the purchase of a skid steer loader in lieu of replacing a jeep vehicle with a four. wheel-drive truck. The proposed change was to allocate the $15,000 originally set aside, along with the $4,000 that had been set aside for repairs, and also included the trade-in value of the current 12-year·old skid steer loader. The City received bids from three companies . BID SUMMARY: The staff has advertised and received bids for skid steer loaders. The following is a summary of those bids: BIDDER Long Lake Ford Lano Equipment, Inc. Case Power & Equipment BRAND/MODEL OF LOADER Ford -New Holland -783 Bobcat 843B Case 1845C * All skid steer loaders meet specifications. RECOMMENDATION: BID PRICE WITH OPfIONS $25,234.00 18,107.16 20,060.00 The staff would recommend that the City Council award the bid to Lano Equipment in the amount of $18,107.16 for the skid steer loader and attachments. The amount of this award is less than the $19,000 that was originally budgeted and does include the amount of money for trade-in value from the old skid steer loader. • skid/stu • • • -MEMORANDUM- TO: Mayor and City Council THROUGH: Eugene A. Dietz, Director of Public Works FROM: Alan D. Gray, City Engineer DATE: April 30, 1992 SUBJECT: Neal Building Grading Permit Neal Wallace has applied to the City for a grading permit required for the proposed removal and treatment of approximately 80 cubic yards of soil contaminated with low concentrations of volatile organic compounds at 7975 Wallace Road. The address is the site of a office warehouse building. Braun Intertech Environmental, Inc. has conducted a environmental property assessment and three sub-surface investigations at this address. They have identified a small area at the north side of the building where soil and ground water samples showed detectable levels of volatile organic compounds. Two compounds tetrachloroethylene and chloroethane were detected in ground water samples at levels exceeding the Minnesota Department of Health recommended allowable limits. A comprehensive study indicates an area of contamination of approximately 60 to 80 cubic yards of soil. Braun Intertech Environmental, Inc. has developed a remediation plan which consists of removal of the contaminated soil and spreading in a four-inch layer to allow vaporization of the volatile organic compounds. The land spreading site would be at the rear of the building. Both a cyclone fence and erosion control fencing would be erected around the land spreading area. The land spread soil would be roto-tilled periodically to assist in the vaporization of the compounds. The remediation plan has been submitted to the Minnesota Pollution Control Agency who has regulatory authority over this activity. The MPCA has issued a permit for the removal and on-site soil spreading treatment plan. The City grading permit addresses the maintenance of an area of approximately 7,000 square feet without vegetative cover for the period from June until approximately November, 1992. The Engineering Division has reviewed the technical report prepared by Braun Intertech Environmental, Inc. Staff recommends granting a grading permit subject to the following additions: • An erosion control fence is erected around the perimeter of the land spreading site prior to spreading of the contaminated soils and maintained. • When treatment is completed the disturbed area is restored with top soil, seed and mulch or top soil and sod. . • A 10-foot wide buffer of undisturbed turf is maintained between the land treatment site and the property boundary. The entire technical report prepared by Braun Intertech Environmental, Inc. is on file in the Engineering Division at City Hall. ADG:ssa • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-98 SUPPLEMENT NO.3 TO CONSULTANT AGREEMENT FOR ENGINEERING SERVICES DESIGN OF TH5 FROM CSAH 4 TO CSAH 17 WHEREAS, the City of Eden Prairie and Barton-Aschman Associates, Inc. entered into an Engineering Services Agreement for fmal design of Th5 from CSAH 4 to CSAH 17; WHEREAS, the City of Eden Prairie and Barton-Aschman Associates, Inc. have agreed that additional work is required to complete said services; NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Supplement No. 3 to the Agreement for Engineering Services is hereby approved and the Mayor and City Manager are hereby authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on May 5, 1992. Douglas B. Tenpas, Mayor ATTEST SEAL John D. Frane, Clerk ,'. • • • SUPPLEMENT NO.3: $ 34,544.39 TOTAL ADJUSTED AMOUNT: $765,039.39 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES FOR FINAL DESIGN SERVICES Supplement No.3 to Agreement between The City of Eden Prairie and Barton-Aschman Associates. Inc. S.P. 2701, S.P. 1002 TH 5 In Eden Prairie and Chanhassen EFFECTIVE DATE: Final Closeout of Agreement SUBJECT PAGE NO. • Parties to the Agreement 1 Explanation and Justification Revision 1.0 -Payment to the Consultant 1 Status of Original Agreement 2 Approvals 2 Signatures ~ 3 • • This Supplemental Agreement made and entered into by and between the City of Eden • Prairie, Minnesota, hereinafter referred to as the "City" and Barton-Aschman Associates, Inc., hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS the State of Minnesota Department of Transportation hereinafter referred to as the "State" and the City entered into Agreement No. 64918 and Supplements No.1 and 2 for final design services, and WHEREAS the State and City have agreed that an audit was to be performed by the MnDOT Audit Section, and WHEREAS the State and City have agreed to accept the negotiated costs by Barton- Aschman Associates, Inc. estahlished after the audit findings. • NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: • REVISION 1.0 -PAYMENT TO THE CONSULTANT Section 6.11 of the original agreement is herehy amended and modified to read as follows: 6.11 The City shall pay to the Consultant, from monies received from the State for the services performed under this agreement the lump sum amount of $510,644.39. 1 In addition, the following entities shall pay the following amounts as compensation for the services performed by the Consultant: 1. 2. 3. 4. 5. 6. 7. Southwest Coalition City of Chanhassen City of Eden Prairie City of Chaska City of Waconia County of Hennepin County of Carver $75,000.00 $74,395.00 $50,000.00 $20,000.00 $15,000.00 $10,000.00 $10,000.00 The total compensation to be paid to the Consultant shall be $765,039.39. Not withstanding any term or condition contained in this agreement to the contrary, the City shall have no obligation to do anything or perform any act until and unless the State and all of the other entities make the payments as required by this paragraph. In the event that either the State or any of the entities fail to make the payments set forth above, then the City's obligations under this agreement shall be rendered void and unenforceable. STATUS OF ORIGINAL AGREEMENT Except as amended and modified herein, the terms and conditions of Agreement No. 64918 and Supplements No.1 and 2 shall remain in full force and effect. APPROVALS Before this supplemental agreement shall become binding and effective it shall be approved by resolution of the City Council of Eden Prairie. 2 0~O • • • • • • IN WITNESS WHEREOF, the parties have caused this contract to he duly executed intending to he bound therehy. CITY OF EDEN PRAIRIE By ---------------------- DATE By ---------------------- DATE ATIEST ------------------ BARTON-ASCHMAN ASSOCIATES, I;-';C. B/~~ DATE f/Zf'L7~ By~L- DA TE _r;---I-,;0_2--_~--,L--I-1~2..-----:::~_ A TTEST~ttLI-dL;,<.d-~1 p' 3 • • • AGREEMENT NO. 92-1 Dated: April 30, 1992 :AP 181-108-037 Bridge No. 27 A03 Location: Dell Road , • .1. Railroad Company Name: Twin City and Western This agreement, made and entered into by and between the Twin City and Westem Railroad Company, 723 11th Street East. Glencoe. MN 55336, hereinafter called the "Company," and the City of Eden Prairie, 7600 Executive Drive, Eden Prairie, MN 55344. hereinafter called the "City." \VlTNESSETH: WHEREAS, the City has prepared Contract documents for the construction of Dell Road including pedestrian facilities, water main, storm sewer and Bridge No. 27 A03, hereinafter called the "Project" located at railroad milepost 438.6; and WHEREAS, said contract documents designated SAP 181-108-037," dated March I, 1992, on file with the City of Eden Prairie; and. WHEREAS. in order to accommodate the construction of the Project, it will be necessary for the Company or its contractor to perform the following related items hereinafter called the "Work:" 1. Install track and ballast for shoofly. ., -. Remove mainline track segment in bridge construction area . 3. Install track and ballast on new bridge and connect to mainline track. • 4. Remove shoofly track, ties, ballast. and related materials. 5. Relocate communication line. 6. Provide flagging for all operations necessitated by the grading and bridge construction contractors. And the Company is willing to provide the above items under the terms and conditions hereinafter stated; and WHEREAS, the City, pursuant to Minnesota Statute Section 161.20, is authorized to enter into an agreement with the company for the work. • NOW, THEN, IT IS AGREED: 1. The City may construct and maintain in perpetuity the Project at railroad milepost 438.6. 2. At the request of the City, subsequent (0 the execution of this agreement. the Company or its contractor shall perform the Work required by reason of the construction of the Project. The location of Bridge No. 27 A03 is as shown on the print attached hereto, marked Exhibit N A," and made a part hereof. • 2 ;-... : . .' 3. The actual costs of the work performed by me Company or its contractor, in • accordance with the foregoing paragraph, shall be ascertained in a manner hereinafter set forth and shall be paid to the Company by the City, provided, however, the amount to be paid by the City for such work shall not exceed the amount on which the Federal Government bases its reimbursement for such work. Such reimbursable costs shall be ascertained in accordance with the provisions of the agreement and the provisions contained in Federal Aid Policy Guide (23 CPR 1401) regulation applicable thereto. It is understood that the following estimate of the work to be done by the Company or its contractor is for infonnational purposes only. The estimate of cost of the various items of work to be done by the Company or its contractor is contained in Exhibit "B." The final costs for the work to be paid by the City will be determined after a bid • summary is provided by the Company, and an independent review is completed by the City . . ~ This review will confirm qualifled prices are acceptable for State Aid reimbursement 4. Reimbursement In addition to the foregoing records and acts, the Company will, from time to time, make other reports, keep other records and perform other work in such manner and time as may be necessary to enable the City to collect and obtain available State Aid. To the extent set form in this agreement, the City will reimburse the Company for its actual expense incurred performing the work set forth in this agreement. Payments will be • made in accordance with the following: '10406 3 r.'-t a) At least 100% of partial bills marked "Progressive Bill No.1, No.2, etc." or "First. second. etc." signed by an officer of the Company. rendered in duplicate. Partial bills shall be based on actual costs that can be substantiated by the Company's records; or, b) At least 100% of final bill marked IIPinal," signed by an officer of the Company, rendered in duplicate in accordance with Federal Aid Highway Program Manual Volume 1;: Chapter 4, Section 3. Said final bill shall be a complete. detailed and itemized statement of all items of work performed by the Company, or its Contractor as shown in the appropriate exhibit or exhibits attached to this agreement. c) The Company or its Contractor shall keep account of irs work in such a way that said accounts may be readily audited. The City at its option may perform an audit of Company records. In the event that any amount previously paid to the Company is in excess of the actual cost determined by audit, the Company, upon notice of the City. shall pay to the City the difference. Final payment will be made upon completion of an audit or after a decision by the City to dispense with an audit. The Company warrants that it shall perform all work under this agreement in a workmanlike and timely manner in accordance with all applicable standards. U().ICl6 4 , ) "-:--v, v,,' I ..... ~. • • • r-.5 • 5. In the event it is detennined thac a change from the foregoing statement of work to be perfonned by the Company is required, it shall be authorized only by a written change Or extra work order issued by the City prior to the perfonnance of the work involved in the change. 6. Upon completion of said bridge. the City, at its own expense, will maintain the entire bridge structure. the bridge approaches and the highway right-of-way, including the : backslopes. concrete slope protection, and any pipe under the highway fLIl in line with the Company's side ditches. Nothing contained herein shall be construed to relieve either the City or the Company of common law or statutory liability, if any, for any damages to the bridge structure, resulting from the operation of the railroad by the Company, or resulting • from operations of the City. The City will control all drainage on its right-Of-way. The City will maintain its entire roadway up to and including its back slopes and masonry slope protection within its right-of-way and across the right-of-way of the Company. 7. The Company will maintain, at its expense. the railway approaches to the bridge and its right-Of-way outside of the highway right-or-way. The Company will control all drainage on its right-of-way . • 'I~ IN WI1NESS WHEREOF, the parties hereto have caused this agreement to be duly • executed. CITY OF EDEN PRAIRIE Mayor: Douglas B. Tenpas City Manager: Carl Julie Date NAME OF RAILROAD COMPANY President, Twin City & Western Railroad Date 6 , )'1/1 v, Y) I • • • • • CORPORATE ACKNO\VLEDGEMENT FOR (Railroad Company Name) S~reof ______________________ ~) County of ___________ ) On this _ day of _______ ....1. 19 -' before me appeared _____ _ _________ and ______ ~ _____ to me personally known, who being by me duly sworn, did say that they-"are respectively and _________ of (Company Name), a corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that said instrument was executed in behalf of the corporation by authority of its board of directors; and they acknowledged said instrument to be the free act and deed of this corporation . (Notary Seal) Notary Public 7 CORPORATE ACKNOWLEDGEMENf FOR CITY OF EDEN PRAlRIE • State of _____________ ) County of _______________ ) On this _______ day of ____________ ~. 19-> before me appeared _______________ and ___________ _ to me personally known, who being by me: duly sworn, did say that they are respectively ______ ~_ and _~ ________ of (Company Name), a corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation. and that said instrument was executed in behalf of the corporation by authority of its board of directors; and they acknowledged said instrument to be the free act and dead of this corporation. • (Notary Seal) Notary Public • 'I~ 8 • • • l\1EMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Robert A. Lambert, Director of Parks, Recreation and Natural Resources ~ DATE: April 30, 1992 SUBJECT: Recommendation Regarding Engineering Consultant for Miller Park Project On April 29, 1992, a committee made up of Mary Krause and Rod Rue from the Engineering Department, Barb Cross and Bob Lambert from the Parks, Recreation and Natural Resources Department, Pat Richard, Chairperson for Parks, Recreation and Natural Resources Commission and Councilman Dick Anderson interviewed the two engineering firms that were finalists for preparing construction documents, plans, specifications and construction services for the Miller Park project. The two firms interviewed were RLK Associates and Hansen Thorp Pellinen and Olson, Inc. Each firm was given 15 minutes to make a presentation and then committee members had approximately 20 minutes to ask questions. Both firms gave precise, well thought out presentations and did a very good job of answering all of the questions. RECOMMENDATION: After evaluating the proposals submitted by both firms, information learned during each firm's presentation, the track record of each company, the previous experience of each company, and the experience of the individuals that have worked together as a team as proposed by each company, the review committee unanimously recommend the City hire HTPO for this project. There are several determining factors: 1. Upon careful review of both proposals and the services committed, the cost of the services is virtually equal in terms of this contract. 2. Hansen Thorp Pellinen Olson is a 12 year old Eden Prairie firm that has over seven years of history working with City staff. During that time, HTPO staff have always delivered what they said they would, and have provided quality work with no complaints from the staff that have worked with either the design team or the field inspections team. RLK is a year and half old Hopkins firm that has not had the opportunity to work for the City of Eden Prairie to date, and the interview committee did not believe there was any reasons given in the proposal to "take a chance" on a new firm in a project as expensive and as important as Miller Park. ou.o:' I : 3. The inspection team for HTPO were certified through the State in a variety of areas, while the RLK inspectors were not certified as yet. 4. The HTPO "team" has five years of team experience on a variety of Eden Prairie projects and are very familiar with Eden Prairie procedures with park development projects and street, water and utility projects within Eden Prairie. While various individuals from the RLK team have been a part of other teams on an extensive list of park projects, it is difficult to assess what their role was on those other teams. The committee concurred that it was a good experience to interview both firms and the committee learned quite a bit about both firms; however, the committee was unanimous in their support of HTPO for this project. RAL:mdd firm17 /1 U i vI. ' • • • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-84 Larson's High View RESOLUTION APPROVING THE PRELIMINARY PLAT OF LARSON'S IDGH VIEW FOR SHIRLEY LARSON BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Larson's High View for Shirley Larson dated April 6, 1992, consisting of 3.17 acres, into 4 single family lots, 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 5th day of May, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk (~ Planning Commission Minutes April 13, 1992 • B. LARSON'S HIGH VIEW by Shirley Larson. Request for Preliminary Plat of 3.17 acres into 4 single family lots and road right-of-way. Location: 15380 West Sunrise Circle. Shirley Larson presented plans for a 4 lot subdivision. Norman asked if all of the lots would access onto Sunrise Circle West. Uram replied that flag lots were proposed so that all of the lots would access from Sunrise Circle West. MOTION 1: Norman moved, seconded by Clinton to close the public hearing. Motion carried 4-0-0. MOTION 2: Norman moved, seconded by Clinton to recommend to the City Council approval of the request of Shirley Larson for Preliminary Plat of 3.17 acres into four (4) single family lots and road right-of-way to be known as Larson's High View, based on plans date. April 6, 1992, subject to the recommendations of the Staff Report dated April 10, 1992. Motion carried 4-0-0. • • • • STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: WCATION: REQUEST: ( Planning Commission Chris Enger, Director of Planning Donald R. Dram, Planner April 10, 1992 Larsons High View Shirley Larson North of Sunrise Circle, east of Mitchell Road Preliminary Plat of 3.17 acres into 4 single family lots. qUe{ Staff Report Larsons High View April 10, 1992 BACKGROUND ( ( This site is currently designated Low Density Residential on the Eden Prairie Comprehensive Guide Plan and is zoned RI-22. Adjacent properties are also guided Low Density Residential and zoned R 1-22. The proponent is requesting a preliminary plat of 3.17 acres into four single family lots. PRELIMINARY PLAT The site plan depicts the division of the 3.17 acre parcel into four single family lots. All four lots will access Sunrise Circle West. Lot sizes within the subdivision range from a minimum of 25,856 square feet to a maximum of 39,101 square feet which is the location of the existing single family home. The site is gently sloping in an easterly direction. Minimal grading is required to allow for the construction of building pads .. The street, water and sanitary sewer services were constructed as part of the Sunrise Circle • improvement project which was completed in 1991. All utilities will be available through • connections made to the existing utilities within the street. . STAFF RECOMMENDATIONS Staff recommends approval of the request for the preliminary plat of 3.17 acres into four single family lots, based on revised plans dated April 6, 1992, subject to the recommendations of the Staff Report dated April 10, 1992 and subject to the following conditions: 1. The proposed building pad on Lot 3 will be required to meet the average existing front yard setback in the neighborhood which is approximately 50 feet. 2. Prior to building permit issuance, proponent shall pay the appropriate Cash Park Fee. 3. The existing home on Lot 4 will be required to connect to water and sanitary sewer service when the current systems require repair. LARHIVU.DRU:bs • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-93 A RESOLUTION APPROVING FINAL PLAT OF LARSONS HIGH VIEW WHEREAS, the plat of Larsons High View 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 Larsons High View is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 30, 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 May 5, 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: April 30, 1992 SUBJECT: Larsons High View PROPOSAL: The owner, Shirley Larson, has requested City Council approval of the final plat of Larsons High View. Located between Mitchell Road and Sunrise Circle West, the plat contains 3.17 acres to be divided into four single family lots. HISTORY: The public hearing and approval of the preliminary plat is scheduled to be held at the City Council meeting May 5, 1992. There is no Developer's Agreement covering this project. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities, drainage improvements and street upgrading were installed last year throughout the Sunrise Circle neighborhood and provisions were made to provide utility access for a future four-lot subdivision within the Larson property. RECOMMENDATION: Recommend approval of the final plat of Larsons High View subject to the requirements of this report, City Council approval of the preliminary plat, and the following: 1. Receipt of engineering fee in the amount of $250. JJ:ssa cc: Shirley Larson Schoell & Madson, Inc. qW1 • • • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-85 Starkey Labs Addition A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF STARKEY LABS ADDITION FOR STARKEY LABORATORIES, INC. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Starkey Labs Addition pUD Concept by Starkey Laboratories, Inc. and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City ~ouncil did consider the request on May 5, 1992; NO\V, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Starkey Labs Addition by Starkey Laboratories, Inc., being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans (as revised) dated April 30, 1992. 3. That the PUD Concept meets the recommendations of the Planning Commission dated April 13, 1992. ADOPTED by the City Council of the City of Eden Prairie this 5th of May, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk '1,' f (( L, j " CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-86 Starkey Labs Addition RESOLUTION APPROVING THE PRELIMINARY PLAT OF STARKEY LABS ADDITION FOR STARKEY LABORATORIES, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Starkey Labs Addition for Starkey Laboratories, Inc. dated April 30, 1992, consisting of 20 acres, into 2 lots, 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 5th day of May, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • • • D . • • Planning Commission Minutes April 13, 1992 STARKEY LABS ADDITION by Starkey Laboratories, Inc. Request for Planned Unit Development Concept Review on 20 acres, Planned Unit Development District Review within the 1-2 and 1-5 Zoning Districts with waivers on 20 acres, Site Plan Review on 20 acres, and Preliminary Plat of 20 acres into 2 lots and road right-of-way for construction of additional parking area to be known as Starkey Labs Addition. Location: Northwest corner of Washington Avenue and Hamilton Road. Uram introduced Dale Thorsted and Pete Knaeble. Knaeble presented the plans for the property to be divided into two parcels; one 5 acre parcel and one 13 acre parcel. He noted that the proposed parking area would become part of the original Starkey Lab property. Knaeble noted that a future expansion concept plan was being presented at this time; however, the proponent would return to the Planning Commission for final approval of building details. Knaeble stated that the expansion was taken into consideration as part of the parking requirements. The proponent was requesting a variance for the 18 foot side yard setback for the existing building and a second variance was needed for a 0 foot frontage on a public street. Knaeble noted that a 40 foot driveway easement would run with the property to provide access to the rear lot. Norman asked why this was not becoming one parcel. Knaeble replied that there were two separate lenders for the properties. Thorsted added that two mortgages were not allowed for one lot. Knaeble reported that the property line on the 5.1 acre lot would be moved over approximately 69 feet to eliminate the need for a B.A.R. variance. Knaeble stated that the parking spaces would be redesigned but would not be reduced in number. Knaeble stated that the proponent concurred with the Staff Recommendations with the exception of Item #2. Knaeble requested that instead of prior to Final Plat approval Starkey Labs would agree to accomplish all items after final approval and that Starkey Labs would supply the City with a letter of intent. Wissner asked how long Starkey Labs had been at this present location. Thorsted replied since October 1975. Hawkins asked what type of business this was and what type of truck traffic would be needed for this business. Thorsted replied that Starkey Labs manufactured hearing aids and there was no significant truck traffic involved with the operation. Uram reported that Staff recommended approval of the project. Hawkins noted that the size of the 5.1 acre lot should be changed to 5.6 acres. 5 ( MOTION 1: Norman moved, seconded by Clinton to close the public hearing. Motion carried 5-0-_ MOTION 2: Norman moved, seconded by Clinton to recommend to the City Council approval of the request of Starkey Laboratories, Inc., for Planned Unit Development Concept Review on 20 acres for construction of additional parking area, based on plans dated April 6, 1992, subject to the recommendations of the Staff Report dated April 10, 1992 with the revision of Item 2 to read: By letter of commitment, agree to begin implementation of the requirements from the letter dated March 24, 1992 including (see attached): All items to be completed by December 31, 1992. Motion carried 5-0-0. MOTION 3: Norman moved, seconded by Wissner to recommend to the City Council approval of the request of Starkey Laboratories, Inc., for Planned Unit Development District Review within the 1-2 and 1-5 Zoning Districts, with waivers, on 20 acres for construction of additional parking area, based on plans dated April 6, 1992, subject to the recommendations of the Staff Report dated April 10, 1992 with the revision of Item 2 to read: By letter of commitment, agree to begin implementation of the requirements from the letter dated March 24, 1992 including (see attached): All items to be completed by December 31, 1992. Motion carried 5-0-0. • MOTION 4: Norman moved, seconded by Hawkins to recommend to the City Council approval of the request of Starkey Laboratories, Inc., for Preliminary Plat of 20 acres into 2 lots and road right-of-way for construction of additional parking area, based on plans dated April 6, 1992, subject to the recommendations of the Staff Report dated April 10, 1992 with the revision of Item 2 to read: By letter of commitment, agree to begin implementation of the requirements from the letter dated March 24, 1992 including (see attached): All items to be completed by December 31, 1992. Motion carried 5-0-0. MOTION 5: Norman moved, seconded by Clinton to recommend to the City Council approval of the request of Starkey Laboratories, Inc., for Site Plan Review on 20 acres for construction of additional parking area, based on plans dated April 6, 1992, subject to the recommendations of the Staff Report dated April 10, 1992 with the revision of Item 2 to read: By letter of commitment, agree to begin implementation of the requirements from the letter dated March 24, 1992 including (see attached): All items to be completed by December 31, 1992. Motion carried 5-0-0. 6 • • • • STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: REQUEST: ( , ( Planning Commission Chris Enger, Director of Planning Donald R. Dram, Planner April 10, 1992 Starkey Labs Addition Starkey Laboratories, Inc. West of \Vashington Avenue, north of Hamilton Road 1. PUD Concept Review on 20 acres. 2. PUD District Review within the 1-2 and 1-5 Zoning Districts with waivers on 20 acres. 3. Site Plan Review on 20 acres . 4 . Preliminary Plat on 20 acres, 2 lots and road right-of-way. ". ( ( BACKGROUND The existing Starkey Labs property and the property to the north are designated on the Comprehensive Guide Plan for industrial land uses and zoned 1-2 and 1-5. The Eighteen Park Business Center, a 37,000 square foot office/warehouse building was approved on a 2.9 acre portion of the northern lot in 1986. Starkey Labs recently purchased the 8.32 acre northern lot to combine with their existing property to create two lots containing 13.61 and 5.1 acres, respectively. The larger lot size is required to allow for a future 30,000 square foot building expansion and additional parking. PRELIMINARY PLAT The proposed subdivision includes the combination of the existing Starkey Labs property and a portion of the northern lot to total 13.61 acres. Lot 2 would contain 5.1 acres and 1.29 acres would be dedicated right-of-way for Washington A venue. The lots meet the minimum requirements of the 1-2 and 1-5 Zoning districts with the exception of lot frontage and sideyard setback to a building on Lot 2. The waivers necessary are as follows: WAIVER PROPOSED CODE FRONTAGE o FEET 300 FEET SIDEYARD SETBACK 18 FEET 30 FEET The frontage waiver is caused by the design of the proposed subdivision. Staff's original recommendation was to combine all of the parcels into one lot which would eliminate the need for this waiver. However, the lender requires that the existing building on Lot 2 be on a separate parcel. Staff then recommended that instead of creating a flag lot like the 1986 approval, access be provided by a 40 foot driveway easement. This recommendation is based on Starkey Labs ownership of both parcels. Finally, because the sideyard setback waiver is an existing condition, Staff recommends approval of the waiver as a housekeeping item. SITE PLAN • • The existing Starkey Labs building contains 90,000 square feet and has approximately 300 parking spaces. The future building expansion would contain 30,000 square feet. The parking requirement for a 120,000 square feet building based upon 50% office and 50% manufacturing, is 480 parking spaces. A total of 564 spaces are proposed. Considering a lot size of 13.61 acres and 120,000 square foot building, the Base Area Ratio (B.A.R.) calculated for Starkey Labs is 20.2 %. Based on a lot size of 5.1 acres, the existing building on Lot 2 would have a B.A.R. of32.9%. Staff recommends that the lot sizes be revised to include a total of 5.6 acres for Lot 2 which would reduce the B.A.R. to the Code maximum of 30%. • • • • ( ( The proposed building and parking lot expansion plans are illustrative only. When Starkey Labs decides to proceed with construction, review by the Planning Commission and City Council is required. STAFF RECOMMENDATIONS Staff recommends approval of the request for PUD Concept Review on 20 acres, PUD District Review within the 1-2 and 1-5 Zoning Districts with waivers on 20 acres, Site Plan Review on 20 acres and Preliminary Plat on 20 acres, 2 lots and road right-of-way based on plans dated April 6, 1992, subject to the recommendation of the Staff Report dated April 10, 1992 and subject to the following conditions: 1. Prior to City Council review, proponent shall revise the preliminary plat to include 5.6 acres within Lot 2 to allow the building to meet the 30 % Base Area Ratio requirement. 2. Prior to final plat approval, begin implementation of the requirements from the letter dated March 24, 1992 including (see attached): a. Correct the erosion control problem to the rear of the existing building on proposed Lot 2. b. Remove existing outside storage. c. Screen rooftop with mechanical equipment. d. Insta1llandscaping and 5 % planting islands throughout the project. 3. A site plan review process is required for the 30,000 square foot building and parking lot expansions. 4. . Waivers are granted through the PUD process for a frontage of zero feet verses 300 feet for Lot 2 and a building setback of 18 feet versus City Code requirement of 30 feet for the existing building on Lot 2. 5. Comply with City and Watershed District requirements for storm water management. STKYLAB.DRU -MEMORANDUM- TO: Planning Commission THROUGH: Alan D. Gray, City Engineer FROM: Mary Krause, Project Engineer 'M~ DATE: April 9, 1992 SUBJECT: Starkey Labs Addition Engineering Comments Concerning Site Drainage and Water Quality The Engineering Department has reviewed the preliminary plans for the Starkey Labs Addition. The proposed parking lot abuts a wetland/pond area that is currently used for storm water detention. The development of the parking lot changes about 2.5 % of the total 67 acre drainage area from pervious to impervious cover. This change would have a minimal effect on the overall water quality. To minimize any detrimental affects, it is recommended that sump catch basins be installed at the parking lot to pond discharge locations. The use of sump catch basin!i., will remove the coQJ:'se sediment from the storm water before entering the pond area for further treatment. MK:ssa • • • • • • Bluffs East 12th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-87 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFFS EAST 12TH ADDITION FOR HUSTAD DEVELOPMENT CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bluffs East 12th Addition for Hustad Development Corp. dated April 29, 1992, consisting of 12.47 acres, into 28 single family lots, 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 5th day of May, 1992 . Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Planning Commission Minutes April 13, 1992 • • c. BLUFFS EAST 12TH ADDITION by Hustad Development Corp. Request for Zoning District Change from Rural to R1-13.5 on 12.47 acres, Preliminary Plat of 12.47 acres into 28 single family lots and road right-of-way to be known as Bluffs East 12th Addition. Location: East of Antlers Ridge and Meade Lane, west of Franlo Road. Beth Simonsted, representing the proponent, stated that this site had been part of the original Bluff Country PUD approved in 1986. The original plan was for 29 lots. The average lot size proposed was approximately 16,000 square feet. Simonsted stated that only one significant cottonwood tree would be lost and added that boulevard plantings were proposed which would exceed the City's tree replacement requirements. Franzen reported that the project met all zoning requirements regarding lot size. Franzen noted that the only questions received by Staff regarding this project related to sidewalks and storm sewers. Franzen stated that the storm sewer was already in place and a five foot concrete sidewalk would be installed along the southside of Meade Lane to Franlo Road which would provide access to the park. 2 II "--'1 '-'1 1 '\ j v' • • Wissner asked what would happen if notification for grading was not made 48 hours in advance. Franzen replied that erosion control measures would take approximately two days to set up; however, if notification was not made Staff could use stop work orders if grading was started without a permit. Franzen added that field checks were done. Clinton asked if the storm water would drain into Purgatory Creek or if a holding pond was available. Franzen replied that the eastern half of the 200 acre PUD would drain into a pond located off of Highway 18. The western half would drain by storm sewer into Purgatory creek without a pond. Sandstad asked if there was a sidewalk along Franlo Road. Franzen replied there was a sidewalk on one side of Franlo Road and a trail on the other. Sandstad asked if this project w~uld fall under any of the new Bluff policies since it had originally been approved as part of a PUD in 1986. Franzen replied that all new applicable regulations would be enforced. Franzen noted that the proponent had dedicated to the approximately 50-to-70 acres of land in this area along purgatory creek as part of the 1986 PUD. Dave Johnson, 10567 Lee Drive, stated that his lot abutted the pond area and was concerned if the water would remain in the pond once development had taken place. Franzen replied that the pond area would be dry, the water would not permanently stand, but would drain into the storm water drainage system. Simonsted replied that the pond would not change in nature from what exists there today. Johnson asked what the big hole was for on the property. Simonsted that this was part of the storm water drainage system. Johnson asked if the property surrounding the pond area would be maintained and by whom. He was concerned about the appearance of the back of the lots. Franzen replied that the pond area would be cleaned up and the homeowners would provide sod and mow the area to the pond. Franzen added that the City would have a drainage easement. Norman noted that the City had an ordinance which required that grass over 8 inches be mowed. Norman recommended that if the property were not maintained that Johnson call the City and file a formal complaint. Franzen noted that normal sod could be maintain for up to 4 days under water and added that the water in this pond area should drain out within a day even with heavy rains. Simonsted noted that the soils were sandy in this area and the water would filter quickly. Johnson asked what type of homes would be built. Simonsted replied the homes would range in price from $225,000 to $250,000 and up. Johnson then asked how quickly his property taxes would go up because of the larger homes being built in the area and the property value going up. Franzen believed that the property value may go up with the 3 ( construction of the larger homes and recommended that Johnson contact the City Accessors Office to discuss the tax issues. • Johnson asked when construction would begin. He stated a concern about dust all summer long during the construction process. Simonsted replied that construction would begin in June if approved by the City Council. Franzen noted that this project would be reviewed by the City Council in approximately 3 weeks and that construction could begin approximately 30 days after approval. Simonsted estimated the grading to take approximately two months. Franzen noted that construction of homes and grading could run simultaneously. Hawkins said that he was pleased to see a resident concern about the development in his area and taking the time to ask questions. Hawkins added that this was the purpose of these meetings to address the concerns of residents. Wissner added that a person's home is their single largest investment and appreciated Johnson's taking the time to ask questions regarding the development which were of concern. Hawkins noted that although he arrived following the proponents address, the plan had not deviated from those in the Commissioner's packet and; therefore, felt comfortable in voting on this item. MOTION 1: • Clinton moved, seconded by Hawkins to close the public hearing. Motion carried 4-0-1. Norman abstained. MOTION 2: Hawkins moved, seconded by Clinton to recommend to the City Council approval of the request of Hustad Development Corporation for Zoning District Change from Rural to Rl-13.5 on 12.47 acres for a single family residential development to be known as Bluffs East 12th Addition, based on plans dated April 10, 1992, subject to the recommendations of the Staff Report dated April 10, 1992. Motion carried 4-0-1. Norman abstained. MOTION 3: Hawkins moved, seconded by Wissner to recommend to the City Council approval of the request of Hustad Development Corporation for Preliminary Plat of 12.47 acres into 28 single family lots and road right-of-way to be known as Bluffs East 12th Addition, based on plans dated April 10, 1992, subject to the recommendations of the Staff Report dated April 10, 1992. Motion carried 4-0-1. Norman abstained. 4 • • • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission mROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: DATE: SUBJECT: Barbara Penning Cross, Landsca~ Architect~ April 30, 1992 Supplemental Staff Report to the April 10, 1992 Planning Staff Report for Bluffs East 12th Addition This project is part of the overall Bluff Country PUD approved by the City in 1986. The project is consistent with the City guide plan and code and requires no variances. The sidewalk planned on the south side of Mead Lane is a continuation of the sidewalk system within the overall PUD. The pedestrian system for previous phases has been installed with the exception of a bituminous trail through an outlot off Antlers Ridge. This section of trail should be installed as soon as possible by the developer. The City has plans to construct the first phase of the Purgatory Creek nature trail this summer, which starts at the Antlers Ridge outlot. BPC:mdd STAFF REPORT TO: FROM: THROUGH: DATE: SUBJECT: WCATION: APPLICANT/ FEE OWNER: REQUEST: ( Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning April 10, 1992 Bluffs East 12th Addition ( South of Lee Drive, west of Franlo Road Wallace Hustad 1. Zoning District Change from Rural to RI-13.5 on 12.47 acres. 2. Preliminary Plat of 12.47 acres into 28 lots and road right-of-way. ---C' ~ • • • • • • ( Staff Report Bluffs E. 12th Addition April 10, 1992 BACKGROUND ( This site is guided Low Density Residential for up to 2.5 units per acre. This site is part of the 1986 of Bluff Country Planned Unit Development. Attachment A indicates the location of this phase of the project. The PUD contained 29 lots. By comparison, this plan contains 28 lots. PRELIMINARY PLAT All of the lots in the proposed subdivision meet the minimum requirements of the Rl-13.5 Zoning District. The Rl-13.5 Zoning DistriCt has a minimum lot size of 13,500 square feet, a minimum street frontage of 85 feet, and a minimum lot depth of 100 feet. GRADING Proposed Meade Lane follows a ridge line through the project. Homes on either side of the proposed roadway are walkout units which helps minimize amount of grade change on each lot. Although the entire property will be mass graded, the proposed grading generally follows natural contours of the property . UTILITIES Sewer and water is available immediately adjacent to this site in Antlers Ridge Road and Meade Lane. STORM WATER RUNOFF Storm water runoff will drain toward the back yards of each of the lots. Water draining in a northerly direction will flow into two dry ponds abutting the Bluffs East 3rd Addition. Storm sewer pipes will connect both ponds. These ponds will drain into a storm sewer system connected to Meade Lane. The lots on the southern half of Meade Lane will drain toward the rear yards. Water in the rear yards will drain into a storm sewer pipe connected to Antlers Ridge Road. TREE LOSS There is an existing 22 inch cottonwood tree which would be lost due to construction. The tree planting plan provides for this tree replacement plus additional trees which are being used as a credit against the overall tree loss within the 200 acre planned unit development . 2 ..... ;' )\ ~1~ . ( ( Staff Report Bluffs E. 12th Addition April 10, 1992 SIDEW ALKS AND TRAILS A five foot wide concrete sidewalk will be constructed along the south side of Meade Lane from existing Meade Lane to Franlo Road. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for rezoning from Rural to Rl- 13.5 and the preliminary plat of 12.47 acres into 28 single family lots based on plans dated April 10, 1992 and subject to the recommendations of the Staff Report dated April 10, 1992, and subject to the following conditions: . 1. Prior to final plat, the proponent shall submit for review and approval: 2. a. Storm water runoff calculations and water quality analysis for review by the City Engineer. b. Storm water runoff and erosion control plans for review by the Watershed District. Prior to grading permit issuance the proponent shall submit for review and approval an erosion control plan. In addition, the proponent shall notify the City and Watershed District at least 48 hours in advance of grading in order for erosion control to be ~~~. . 3. The landscape plans shall require a security amount equal to 150% of the cost of the landscaping improvements which shall be filed with the City prior to grading permit issuance. 3 • • • g • • • g I ,-0 G- <~ 1,--/' I I I J 'r--- , ----~--\ " I,' I I , '. I ---' \ ; r L.. ............. \ \ ,z ............... A' / ,. '" / ,/';",-J' r:e::'A~ty~~ / I 71~ 'IV,LI, ' ....... -1 , / :: \::,;' ., ' \ " ' I I I I ~' ,'" I , 'lbC. ( ( ,(' .• , BLUFF C 0 U N TRY P U D /:: \ '\ \1 '~'" . >...l,/ _---/~/ I ~"_, /, ____ -' )" I ~'l'-/ c' i"-"" 0",/,:", .. , , ' ') , ~If.':::::::_,j l /;~ ,,_, ~ -!3LUf~ E:A?T \ Z fti i'-I~I , ! : I ," , I I : : ,I PARK ' . ./ ." ~ '<--y/' .. ~ / ,0=1::,; '-./',\' fr, .. /~ \I..;=U //.,--, ~)/I-I r~~ G{m " . '-, ,.--~ --fltAII--'f'~ , ,~' ':- i~\:: " . 'b ~~~ : ~--',\ , ':\ -;i ;. , ' , i I, , ' , , • 'j i' j 0 I 5 . I. z OUTLOT A RM 2.5 DENSITY DATA . " c:i '" RM-2.5 14.2 Ac., 10 u/A ~ R 1-9.5 42.5 Ac., 2.8, U/A R1-13.5 83.3 Ac., 1.8, U/A OPEN SPACE 55.5 Ac., 0, U/A P U D DENSITY 2.10, U/A , ' ;0 I o PHASE ONE 18.91 Ac., 2.7, U/A IV i ~ denoles 101 He. in 1.000·s of squHe I / .1.-HEOLUNO _ 2~ f!:!.f.'~f.E~~"f~ I , feel. ) r-,,' 'J i s: 1'2 ,=!o~~: .. , ,,>7°'_" I'jl I I i I '---------------'-----.L _'-L ___ _ ATTAiHn[AJf A u.. . ; u.. ,-:::> ...I = i-- I I I I ~-1 ;.::-I "all ~ i c ~I !:l~1 ~= ~ .... ... ~i ~~! :t ~I " .: ~! = I • co Q) I- <C • '. • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-94 VAC92-03 VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS ON LOT 2, BLOCK 1, THE PRESERVE COMMERCIAL PARK SOUTH WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: That part of the existing drainage and utility easement over and across Lot 2, Block 1, The Preserve Commercial Park South, Hennepin County, Minnesota, described as follows: Commencing at the most westerly comer of said Lot 2, said point also being the most northerly comer of Lot 1 in said Block 1; thence South 40 degrees 06 minutes 30 seconds East, assumed bearing, 35.42 feet along the southerly line of said Lot 2; thence northeasterly 22.74 feet along the southeasterly line of said existing drainage and utility easement on a nontangential curve to the left with a radius of 2029.86 feet and with a central angle of 00 degrees 38 minutes 30 seconds and a chord bearing of North 40 degrees 48 minutes 51 seconds East and a chord length of 22.74 feet to the point of beginning of the easement to be vacated; thence continuing northeasterly 17.50 feet on said southeasterly line of said curve with a radius of 2029.86 feet and with a central angle of 00 degrees 29 minutes 38 seconds; thence South 18 degrees 44 minutes 31 seconds East 65.07 feet along the northerly line of said easement; thence North 40 degrees 06 minutes 30 seconds West 41.17 feet to a point on the southerly line of said easement; thence North 18 degrees 44 minutes 31 seconds West 17.71 feet along said southerly line to the point of beginning. WHEREAS, a public hearing was held on May 5, 1992 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on May 5, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk \.) ~ ~ -::--.. f'tk3~".jHIP ADDITION N (~ \,,' '\ .,-~:t :': . '" " ... :~' .. '" L OC.A./ t " " .. ' I -.. n: -..:,:';i" . MAp L.UNDS CENTER ADD ROAD UJ > a: w (f) w a: a.. r: j:~ i::: ~~ CENTEl:~ VAC .• Z-03 • THE • PRESERVE COMMERCIAL PARK SOUTH . 86 ~\90~. " R-028 44 / t.=\4 6:3" ,,48~ __ • -.-J~ ,/'-~ __ T HIGHWAY r.:: .... ~. <XI VI ).168 -.., I '" _-_~ _-=-:-:-_ -~-EXCE ~ ----I . -;~ 'v;" :-.. "'l... ~" 'j1 gO " 0 --, (]I \_, -. (J) .'", ... ... \. I N-O ,-; \0 0 . ~OI.25· 6a8o~9'08" ..• .J ~ ... 2) I ~:; :30 t~_ I~.". \O~ I ~ _ 1;0 rr1 ,~~ g , , .~ . ..," \: 0"... ,0 O'l 0 ."n."..."vv 'r: _..... ) ; '~~ :s:¢" ( ~ - -'!.; / \\ / 454~4 : 1--VJ S40"OS'30' E ......................... / <' ,..,. (J)'~.? ~-r-DRAINAGE a UTILITY EASEMENT -5 '<: -~ '\.,s / OVER ALL OF OUTLOT A I OUTLOT I lJ) r-r..,t~ ( 20.00, /I"\, N 49 u 5~ ~O"E ~ / t) ~& ~ / B AND OUT LOT C. ~-+-~. ~~ / ~~ / -. .,. IT! / 1"\ \'~'J . • / / " / E Ase-M IE" N-r 10 B~ VACAT{;n • ~ ~~ GfZ-03 o-Q YES ADDITION THE BASIS FOR THE BEARING SYSTEM IS ASSUMEO -OENOTES IRON MONUMENT IC'LI .. ''IT'~ --;==1 , , N o <0 eo 120 160 100 O"A'HAG, AIo4D url4"" ."HM,wr, ...... , IJUQWIV THU" ____ l __ ~:~:~o ____ 1 __ _ * . I I .,11",,4. ',,'I IIoJ WIDTH ANO AU..JOIN/~O I..Of LtloJLrf I,INl(U DU4C,ltW", IND'~.AltO Af>lO 10 ""., '101 w,nrk AIoIO IfDJOIHINO III,ISH' 0' WAr' L'Hf' lJ~L"" o rill/fry" , 'HOle.HIC, A' IfH()rvN ON 'HI 1'&. ... r. ':':' .,>. .. ~ .. \. " . " .. ~ ,~ .~. ,., ~~. ~ o o ,.;:) '., <) '''1 .•• ( .. ~,::~ .. ) .... l '. • '{I ' .. "!~ 1,'(.... I~I\ (")' (~) .. . .. . ., ..N ••• ' .. ··,~,· ,1 ,. -----"' ~.'t ...... '" "v ~'" / / / /"' ., ~i~ \ \ "' ............ ''''~I/,,); ~ "~:. <'" "" () , .(," ", 'V ,.;"..(,\ 1'0 ~" ',,- ('1..(" .... t1/ /. ~ t····, r \. ...... , .~ .. /,:. ... ' " . ,'. ...... ...... .. ) // / '(.'1 ?) I,.' " /-" ...... / Y "'f 1/), . ,', '~"'.~ ~~:" ";'<i ".y ..... .. ) ~ (, /',.:'" ":',) 4 I~' , . ....... ~ ~ ~ ·0 L) ".1 t./.: .. , " ~ ~. RfE.'Pt..Ac..&MG/V I ~A5e-M6 N -r 10 BG Dr=:DYC:ATGD VAC. -03 MAY 5.1992 23770 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION & EXCISE TAX 2704.60 23771 MN DEJ!!' OF NATURAL RESOURCES -WEED CONTROL APPLICATION PERMIT FEE-ROUND 24.00 .772 LAKE CITY OF LAKEVILLE -CITYS SHARE OF MUNICI-PALS BANQUET-CITY 10.50 EMPLOYEES 23773 VOID OUT CHECK 0.00 23774 TARGET INCENTIVE GIFT CERTIFICATE-SAFETY DEPT 25.00 23775 VOID OUT CHECK 0000 23776 MlmEST COCA COLA BOTTLING CO MIX 524.73 23777 PETER BLOEDEL -JUGGLER & COSTUME -EASTER EGG HUNT-SOCIAL 125.00 PROGRAM/FEES PAID 23778 CAFE ON THE POND EXPENSES-PARK MAINTENANCE 29.70 23779 JOHN E REID & ASSOCIATES CONFERENCE-BUILDING INSPECTIONS DEPT 495.00 . 23780 MILE CONFERENCE-POLICE DEJ!!' 330.00 23781 GRAND VIEW LODGE CONFERENCE & EXPENSES-POLICE DEPT 235.00 23782 OICJ BOOK-POLICE DEPT 10.50 23783 ST CLOUD FIRE DEPT CONFERENCE-FIRE DEPT 660.00 23784 COOKIES BY DEB EXPENSES-CITY COUNCIL 11.18 23785 DARCY DENZIN REFUND-MEMBERSHIP FEE 99.37 23786 KATHY FISHER REFUND-SWIMMING LESSONS 38.00 23787 JILL HEBEISEN REFUND-GOLF LESSONS 33.00 23788· ETHEL HOFFHINES REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 22.00 23789 STACY KEHRWALD REFUND-SWIMMING LESSONS 22.00 23790 SHARON KNUDTSON REFUND-SWIMMING LESSONS 17.00 23791 PAULA KOSHMERL REFUND-SWIMMING LESSONS 17.00 23792 PAUL SMOGARD REFUND-SCUBA DIVING CLASS 129.00 23793 PATRICIA TANNER REFUND-ADAJ!I'IVE RECREATION PROGRAM 20.00 .• 794 JOHN TRAUL REFUND-SWIMMING LESSONS 17.00 795 BILL WOLFE REFUND-SCUBA DIVING LESSONS 129.00 796 JUDY ZIESMAN REFUND-SENIOR CENTER PROGRAM 2.00 23797 BELLBOY CORP LIQUOR 1461.66 23798 EAGLE WINE COMPANY WINE 589.48 23799 JOHNSON BROS LIQUOR CO LIQUOR 8730.02 23800 ED PHILLIPS & SONS LIQUOR 2717.41 23801 PRIOR WINE COMPANY WINE 1462.70 23802 QUALITY WINE & SPIRITS CO LIQUOR 3424.78 23803 GRIGGS COOPER & CO LIQUOR 6437.69 23804 KRAEMERS HOME CENTER -RUST REMOVER/BELTS/NAILS/SCREWS/ANCHORS/ 880.21 -DRILL BITS/NOZZLES/PAINT BRUSHES/PAINT/ -SEALER/CHAINS/MAIL BOXES/LETTERS/LEVEL/ -EXTENSION CORDSIBATTERIESIPULLSIVALVES/ -FLASHLIGHTS/PLEXIGLASS/FITTINGSIKEYIHOSE/ -BRACKETS/ADHESlVE/ROPE/STEEL WOOLIWASHERS/ -PLUGSIPIPE/LIGHT GLOBES/TAPE/SQUARE/RAKES/ -PAINT ROLLERS & REFILLS/CHISEL/CLEANING -SUPPLIES/FUSE HOLDERS-FACILITIES DEPT/ -POLICE DEPT/FIRE DEPTIPARK MAl NT/STREET MAINTIUTILITIES DIVISION 23805 NATIONAL REGISTRYIEMT TESTING FEES-POLICE DEJ!!' 30.00 23806 BROAIWAY AWARDS -PLAQUES/TROPHIES-ORGANIZED ATHLETICS 607.00 PROGRAM 23807 DECORATIVE DESIGNS APRIL 92 SERVICE-CITY HALL 49.50 23808 LISA GANNON -KIDS KORNER INSTRUCTOR/SUMMER SKILL 266.50 .809 DEVELOPMENT INSTRUCTOR/FEES PAID MCGLYNN BAKERIES INC EXPENSES-CITY HALLIPOLICE DEPT/SENIOR CTR 149.68 3253721 010 .--- MAY 5.1992 23810 AARP/55 ALIVE 23811 HOPKINS POSTMASTER DEFENSIVE DRIVING INSTRUCTOR/FEES PD POSTAGE-UTILITY BILLING 23812 MN DEPT OF NATURAL RESOURCES -PERMIT FEE FOR PURGATORY CREEK NATURE TRAIL BRlOOE 23813 23814 23815 23816 23817 23818 23819 23820 23821 23822 23823 23824 23825 23826 23827 23828 23829 23830 23831 23832 23833 23834 23835 23836 23837 23838 NATIONAL BUSINESS INSTITUTE INC HOLMSTEN ICE RINK INC PETTY CASH-POLICE DEPT MUTUAL BENEFIT LIFE FIRST BANK EDEN PRAIRIE GUARANTEE MUTUAL LIFE COMPANY RADISSON-DULUTH MICROSOFT LAW ENFORCEMENT OPPORTUNITIES CITY OF RTCHFIELD VO I D OUT CHECK AT&T AT&T MINNEGASCO MINNESOTA VALLEY ELECTRIC CO-OP NORTHERN STATES POWER CO U S WEST CELLULAR INC U S WEST COMMUNICATIONS EMPLOYMENT MGMT ASSN SAN DIEGO MARRIOTT HOTEL VOID OUT CHECK NATALIE SWAGGERT CITY OF RICHFIELD TEENERS THEATRICALS TARGET CENTER EDEN PRAIRIE SCHOOL DIST #272 CONFERENCE-PLANNING DEPT CONFERENCE-COMMUNITY CENTER EXPENSES-POLICE DEPT APRIL 92 DISABILITY INSURANCE PREMIUM PAYROLL 4/17/92 APRIL 92 LIFE INSURANCE PREMIUM CONFERENCE-POLICE DEPT COMPUTER SOFTWARE UPGRADE-EQUIPMENT MAINT CONFERENCE-POLICE DEPT MOTOR VEHICLE REGISTRATION SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE CONFERENCE-HUMAN RESOURCES DEPT CONFERENCE-HUMAN RESOURCES DEPT CONFERENCE ADVANCE-HUMAN RESOURCES DEPT MOTOR VEHICLE REGISTRATION CURTAIN RENTAL-ICE SHOW-COMMUNITY CENTER TICKETS-ADULT PROGRAMS/FEES PAID 23839 TAMS-WITMARK MUSIC LIBRARY INC -YOUNG AUDIENCE PROGRAM FOR KINDERGARTEN CENTER-HISTORICAL & CULTURAL COMMISSION -DRAMATIC PRODUCTION ROYALTY & RENTAL FEES- HISTORICAL & CULTURAL COMMISSION PUBLICATION-PARK PLANNING DEPT EXPENSES-SENIOR PROGRAMS 23840 23841 23842 23843 23844 23845 23846 23847 23848 23849 23850 23851 23852 23853 23854 23855 23856 23857 23858 23859 23860 R S MEANS COMPANY INC VOLUNTEERS OF AMERICA SIEGEL DISPLAY PRODUCTS VOID OUT CHECK MGSHPA DISPLAY HOLDERS & DIVIDERS-FIRE DEPT -STATE DUES FOR HORSESHOE LEAGUE-ORGANIZED ATHLETICS PROGRAM HENNEPIN COUNTY TREASURER MAPS-ENGINEERING DEPT FEDERAL RESERVE BANK PAYROLL 4-17-92 SAVINGS BONDS GREAT WEST LIFE ASSURANCE CO PAYROLL 4-17-92 HENN CTY SUPPORT & COLLECTION SER PAYROLL 4-17-92 ICMA RETIREMENT TRUST-457 PAYROLL 4-17-92 INTERNAL REVENUE SERVICE PAYROLL 4-17-92 INTERNAL REVENUE SERVICE PAYROLL 4-17-92 MEDCENTERS HEALTH PLAN INC MAY 92 HEALTH INSURANCE PREMIUM MEDICA CHOICE MAY 92 HEALTH INSURANCE PREMIUM MN STATE RETIREMENT SYSTEM PAYROLL 4-17-92 MN TEAMSTERS CREDIT UNION PAYROLL 4-17-92 MINNESOTA UC FUND 1ST QUARTER 92 UNEMPLOYMENT COMPENSATION NORWEST BANK HOPKINS. PAYROLLS 4-3-92 & 4-17-92 EXECUTIVE DIRECTOR-PERA MAY 92 LIFE INSURANCE PREMIUM EXECUTIVE DIRECTOR-PERA PAYROLL 4-17-92 EXECUTIVE DIRECTOR-PERA PAYROLL 4-17-92 21630631 216.00 ~.64 .00 108.00 300.00 46.85 3142.42 68201.47 2720.07 75.38 105.99 400.00 17.00 0.00 182.20 30.79 9830.86 55.25 17685.88 308.79 1547.16 595.00 303.02 0.00 75.00 11.00 Agg _00 498.25 78.32 18.50 126.66 0.00 125.00 24.50 150.00 6504.00 393.54 2573.76 I 32.00 561.80 18300.30 40277.30 50.00 25.00 2865.64 1200.00 1 00 34 47 .50 MAY 5.1992 23861 UNITED WAY PAYROLL 4-17-92 164.50 23862 EAGLE WINE CO WINE 66.07 .63 GRIGGS COOPER & CO INC LIQUOR 8145.89 64 JOHNSON BROTHERS LIQUOR CO LIQUOR 4208.87 23865 ED PHILLIPS & SONS CO WINE 6599.40 23866 PRIOR WINE CO WINE 1325.55 23867 QUALITY WINE & SPIRITS CO WINE 3760.27 23868 PETTY CASH-EP COMMUNITY CENTER EXPENSES-COMMUNITY CENTER 32.82 23869 DOROTY BRODERSON REFUND-ICE SHOW REGISTRATION 40.00 23870 BARBARA MER REFUND-TENNIS LESSONS 8.00 23871 JUDY BROLL REFUND-ROUND LAKE PARK BUILDING RENTAL 69.88 23872 TANIS FELTL REFUND-EMERGENCY WATER SAFETY CLASS 23.00 23873 KATHY FISHER REFUND-SWIMMING LESSONS 19.00 23874 MARNIE HENDERSON REFUND-SWIMMING LESSONS 23.00 23875 JOY JORGENSON REFUND-SWIMMING LESSONS 16.00 23876 MRS KENNETH MOENING REFUND-STARING LAKE PARK BUILDING RENTAL 69.88 23877 CINDY MOKOFF REFUND-GOLF LESSONS 33.00 23878 SHERRI OLECKI REFUND-AFl'ERNooN PLAYGROUND CLASS 15.00 23879 PAX CHRI STI CHURCH REFUND-STARING LAKE AMPHITHEATRE RENTAL 100.00 23880 TOM RENNER REFUND-ROPECRAFl' CLASS 3.00 23881 DAWN RISCHMILLER REFUND-TENNIS LESSONS 34.00 23882 BOB ROEGLIN REFUND-SWIMMING LESSONS 19.00 23883 CHRI S SLAWSON REFUND-SWIMMING LESSONS 44.00 23884 NANCY WEINBERGER REFUND-SWIMMING LESSONS 6.00 23885 GOVERNMENT TRAINING SERVICE CONFERENCE-ADMINISTRATION 155.00 23886 CRAGUNS CONFERENCE CENTER CONFERENCE-ADMINISTRATION 300.36 23887 PETrY CASH -EXPENSES-CITY HALL/ADULT PROGRAMS/SENIOR 68.84 .88 PROGRAMS/FITNESS CENTER HENNEPIN TECHNICAL COLLEGE -EXPENSES-ADMINISTRATIONIHUMAN RESOURCES 10.00 DEPT 23889 JIM KLINE CONFERENCE ADVANCE-POLICE DEPT 426.00 23890 ELK RIVER CONCRETE PRODUCTS -STORM SEWER REPAIR/CLAMPS/TRASH GUARD/ 853.53 -JOINT SEALER/EYE BOLT TIES/CULVERT-SEWER DEPT 23891 UN I GLOBE ADVANTAGE TRAVEL CONFERENCE AIRFARE-HUMAN RESOURCES DEPT 500.00 23892 HOPKINS POSTMASTER POSTAGE-SENIOR NEWSLETTER 133.25 23893 PETTY CASH -CHANGE FUND FOR SALUTE TO AMERICAN MUSIC-100.00 HISTORICAL & CULTURAL COMMISSION 23894 TRAVELERS DIRECTORY SERVICE ADVERTISING-LIQUOR STORES 265.00 23895 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION 23.50 23896 ACOUSTICAL CONCEPTS INC CEILING TILE-COMMUNITY CENTER 221.10 23897 ADVANCED GRAPHIC SYSTEMS INC PRINTER DRUM CARTRIDGES-CITY HALL 44.95 23898 AIR POWER EQUIPMENT CORP DOOR AIR COMPRESSOR REPAIRS-FIRE STATION 855.27 23899 AIRSIGNAL INC -APRIL 92 PAGER SERVICE-BLDG INSPECTIONS 58.50 DEPT 23900 RAY ALLEN MFG CO INC CANINE SUPPLIES-POLICE DEPT 231.39 23901 AMERICAN RED CROSS -CPR & FIRST AID WORKBOOKSIRESCUE MANIKIN 680.50 RENTALSIVIDEO-FITNESS CLASSES-COMMUNITY CTR 23902 AMERICAN WATER WORKS ASSOC PUBLICATIONS-WATER DEPT 257.83 23903 ANCHOR PAPER COMPANY COpy PAPER-CITY HALL 535.08 23904 EARL F ANDERSEN & ASSOC INC -POST ADAPTERS/BATTERIES-STREET DEPT 89.50 23905 ANIMAL INN PET FOOD OUTLET CANINE SUPPLIES-POLICE DEPT 81.00 23906 ANSAFONE OF MINNESOTA INC PHONE SYSTEM ANNOUNCEMENT TAPE-CITY HALL 17.00 .907 APCO DUES-POLICE DEPT 60.00 3079373 g01 MAY 5.1992 23908 AUSTADS -GOLF CLUBSIVIDEo-SUMMER SKILL DEVELDPMENT 199.90 PROGRAM 23909 B & STOOLS -AWL/WRENCHES/BRAKE ADJUSTERITORKS/IMPACT .5 TOOL-EQUIPMENT MAINT/SKWER DEPT 23910 BACONS ELECTRI C CO -FURNISH & INSTALL EXIT SIGNS WITH BATTERY 1123.76 -BACK-UPS/LAMPS/SLUDGE RETURN PUMP REPAIR- WATER DEPT 23911 PATRICIA BARKER MILEAGE-HUMAN RESOURCES DEPT 11.50 23912 DENISE BECK -SWIMMING LESSONS SUBSTITUTE-ADAPTIVE 45.00 RECREATION PROGRAM 23913 BECKER ARENA PRODUCTS ACRYLIC SHEET-ICE ARENA-COMMUNITY CENTER 126.00 23914 BELL ATLANTIC TRlCON LEASING CORP MAY 92 COPIER LEASE AGREEMENT-POLICE DEPT 358.68 23915 BENSHOOF & ASSOCIATES INC -SERVICE-TRAFFIC STUDY FOR HERITAGE RD/ 6538.34 LEONA ROAD TRAFFIC SIGNAL 23916 BERGIN AUTO BODY INC REPAIR & PAINT VEHICLE BODY-EQUIPMENT MAIN 1232.85 23917 BLINDS & DESIGNS FINAL PAYMENT FOR BLINDS-FIRE DEPT 74.00 23918 CITY OF BLOOMINGTON -MARCH 92 ANIMAL IMPOUND CHARGES-ANIMAL 603.00 CONTROL DEPT 23919 LD I S BOETTCHER ~MlNUTES-PARK RECREATION & NATURAL 28.28 RESOURCES COMMISSION 23920 LANCE M BRACE FILM PROCESSINGIPICTURE FRAMES-FIRE DEPT 204.36 23921 BRAUN INTERTEC ENGINEERING INC -SERVICE-PAVEMENT TESTING/FORCEMAIN 6471.15 -ALIGNMENT SELECTION-HWY 5IDELL ROAD UPGRADING 23922 LES BRIDGER EXPENSES-POLICE DEPT 29.00 23923 BRINGERS EXPENSES-CITY COUNCIL 84.31 23924 BROAIWAY AWARDS PLAQUES-ORGANIZED ATHLETICS PROGRAMS 196.00 23925 BRW INC -SERVICE-VALLEY VIEW RD CONSTIDELL RD 2851° FINAL DESIGN 23926 BRYAN ROCK PRODUCTS INC GRAVEL-STREET DEPT 2 . 6 23927 BSN SPORTS -GOLF CAGE NET-SUMMER SKILL DEVELOPMENT 335.50 PROGRAM 23928 BUCKINGHAM DISPOSAL INC APRIL 92 WASTE DISPOSAL-LIQUOR STORES 120.07 23929 BUSINESS MACHINES SALES & SERVICE TYPEWRITER REPAIR-COMMUNITY CENTER 68.25 23930 BUTTERWORTH BOOKS-POLICE DEPT 259.40 23931 C & H DISTRIBUTORS INC BAR RACK-WATER DEPT 185.79 23932 C & SPRINTING FLYERS/POSTERS-ICE ARENA-COMMUNITY CENTER 75.00 23933 CARGO PROTECTORS INC HITCH LDCK-SEWER DEPT 32.50 23934 CARLSON & CARLSON ASSOC -MARCH 92 EMPLOYEE ASSISTANCE-HUMAN 370.00 RESOURCES DEPT 23935 CENTRAIRE INC -AIR HANDLER VALVE REPAIREDIREPLACED 907.17 FURNACE BLOWER MOTOR-POLICE BLDG/CITY HALL 23936 CHEMLAWN SPRING LAWN CARE-WATER DEPT 319.45 23937 BILL CLARK OIL CO INC LUBRICANT/OIL-WATER DEPT 241.14 23938 JAMES CLARK APRIL 92 EXPENSES-POLICE DEPT 200.00 23939 CLEAN SWEEP INC WIRE BROOMS-PARK MAINTENANCE 709.02 23940 COMM CENTER ANTENNAS-EQUIPMENT MAINTENANCE 128.64 23941 COMMISSIONER OF TRANSPORTATION SERVICE-MATERIAL TESTING-VALLEY VIEW RD 128.77 23942 CONNEY SAFETY PRODUCTS -WRIST SAVERS/BALL VALVE LDCKOUTS/VOLTAGE 244.69 SENSOR-SAFETY DEPTIWATER DEPT 23943 CONSTRUCTION BULLETIN SUBSCRIPTION-ENGINEERING DEPT 104.00 23944 CONSTRUCTION MATERIALS INC CRACK FILLER SEAL COATING-STREET MAINT 2970.00 23945 CONTINENTAL SAFETY EQUIP INC -GLDVES/RUBBERS/EQUIPMENT REPAIR-SAFETY 300.34 DEPTIPARK MAINTIUTILITIES DIVISION 81 23946 COPIER ALTERNATIVES COPIER MAINTENANCE AGREEMENT-CITY HALL 5424348 q0~ MAY 5.1992 23947 COPY EQUIPMENT INC -BLUEPRINT COPIER REPAIRED-ENGINEERING 176.66 DEPT/HARKERS-PARK MAINTENANCE .948 CULLIGAN -METRO APRIL & MAY 92 SERVICE-OUTDOOR CENTER 31.50 949 CURTIN MATHESON SCIENTIFIC INC SPRAY PUMP-WATER DEPT 15.38 23950 CURTIS INDUSTRIES INC -WASHERS/DRILL BITS/SILICONE-EQUIPMENT 214.42 MAINTENANCE 23951 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 3326.08 23952 DALCO -CLEANING SUPPLIES-FACILITIES DEPTIWATER 173.93 DEPT 23953 CRAIG W DAWSON MlLEAGEIEXPENSES-ADMINISTRATION DEPT 67.50 23954 DEXI S CORPORATION COMPUTER SOFTWARE-FIRE DEPT 108.00 23955 EUGENE DIETZ MARCH 92 EXPENSES-ENGINEERING DEPT 239.16 23956 DIVERSIFIED CLEANING SERVICES CARPET CLEANING-LIQUOR STORE 226.50 . 23957 DORADUS CORPORATION -2ND QTR 92 MAINTENANCE AGREEMENT FOR 732.00 WARNING SIREN DECORDERS-CIVIL DEFENSE DEPT 23958 EASTMAN KODAK COMPANY -MARCH 92 COPIER MAINTENANCE AGREEMENT-772.50 CITY HALL 23959 ECOLAB PEST ELIMINATION DIVISION -APRIL 92 PEST CONTROL SERVICE-FIRE 105.00 STATIONS 23960 ECON INSULATION INC INSULATION/PAINT/ADHESlVE-WATER DEPT 1182.00 23961 THE ECONOMICS PRESS INC SUBSCRIPTION-WATER DEPT 20.90 23962 EDEN INCENTIVES & PROMOTIONS ATTACHES CASES-FIRE DEPT 194.81 23963 EDEN PRAIRIE CHAMBER OF COMMERCE -CONFERENCE/EXPENSES/LABELS-PLANNING DEPT/ 157.80 -ADMINSTRATION DEPT/CITY COUNCIL/COMMUNITY CENTER ADMINISTRATION 23964 E P PHOTO FILM PROCESSING/FILM-FIRE DEPT 53.64 23965 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 102.14 .• 966 EDEN PRAIRIE SCHOOL DIST 272 -1ST QTR 92-FAMILY CENTER PLUS PROGRAM-5671.00 -$2500/EXPENSES-ELECTIONS DEPT/ROOM RENTAL- ORGANIZED ATHLETICS PROGRAMS 23967 DEB EDLUND MINUTES-PLANNING COMMISSION 125.00 23968 ELVIN SAFETY SUPPLY INC EAR PLUGS/OXYGEN SENSOR-SAFETY DEPT/WATER DEPT 160.19 23969 CHRIS ENGER APRIL 92 EXPENSES-PLANNING DEPT 200.00 23970 ENVIRONMENTAL LANDFORMS INC REPLACED LILAC BUSH-STREET MAINTENANCE 67.00 23971 GEORGE F ESBENSEN CONFERENCE EXPENSES-FIRE DEPT 163.45 23972 JEFF ESS HOCKEY OFFICIAL/FEES PAID 23.00 23973 JOHN ESTROM -FLY FISHING INSTRUCTOR-OUTDOOR CENTER 50.00 PROGRAMS/FEES PAID 23974 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL 39.28 23975 FEED RITE CONTROLS INC CHLORINE-WATER DEPT 890.33 23976 FINLEY BROS ENTERPRISES DROP FORKS & STRAPS/RAIL ENDS-PARK MAINT 20.50 23977 FIRE CHIEF MAGAZINE SUBSCRIPTION-FIRE DEPT 49.00 23978 FIRE INSTRUCTORS ASSN RESCUE TRAINING-FIRE DEPT 180.00 23979 FLAGSHIP ATHLETIC CLUB EXPENSES-ADMINISTRATION/CITY COUNCIL 74.95 23980 FLOYD SECURITY KEYS-FIRE DEPT 39.20 23981 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT. 100.30 23982 FOCUS ONE HOUR PHOTO -FILM/FILM PROCESSING-ASSESSING DEPT/ 40.32 SAFETY DEPT 23983 FORESTRY SUPPLIERS INC -PRUNING SAWS/SHEARS/BLADES/PAINT!PUMP 343.69 BOTTLEILEATHERMAN TOOL-FORESTRY DEPT 23984 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 263.64 23985 GINA MARIAS PIZZA EXPENSES-FIRE DEPT 69.99 23986 THE GLIDDEN COMPANY PAINTIBUFFING CLOTH-WATER DEPT 132.05 .87 GOLD KEY SECURITY REPLACED LOCK ON CASH BOX-LIQUOR STORE 28.35 88 GOOLWILL INDUSTRIES INC JANUARY 92 EXPENSES-SOLID WASTE MANAGEMENT 6507.24 2313840 O,A~ .. ~ ..... MAY 5.1992 23989 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAINTENANCE 1628.40 23990 GRAYBOW-DANIELS CO WATER CLOSET PARTS-COMMUNITY CENTER 26.26 23991 LEROY GUBA HOCKEY OFFICIAL/FEES PAID .~ 23992 HACH COMPANY LAB SUPPLIES-WATER DEPT 23993 HANSEN THORP PELLINEN OLSON INC -SERVICE-BLUFFS E 8TH ADDITIONIBLUFFS W 34588.26 -9TH ADDITION/CEDAR RIDGE ESTATES 2ND -ADDITIONIBRAXTON DR/CREEK KNOLLSIHAWK HIGH RIDGEIBLUESTEM RIDGE 23994 HEAVENLY HAM EXPENSES-HUMAN RIGHTS & SERVICES OOHM 45.00 23995 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION 51.00 23996 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 293.75 23997 HENNEPIN COUNTY TREASURER -1ST HALF 92 PROPERTY TAX-EATON INDUSTRIAL 43434.71 ADDNIBLUFFS TOTLOTIBOYCE PROPERTY 23998 D C HEY COMPANY INC -COPIER REPAIR-BLDG INSPECTIONS DEPT/ 241.40 -COPIER MAINTENANCE AGREEMENT-FIRE DE?r/ DEVELOPER & TONER-EQUIPMENT MAINTENANCE 23999 HILAN CORPORATION SLEEVE NUTS/CARRIAGE BOLTS-PARK MAINT 55.36 24000 HOFFERS INC FIELD MARKING PAINT-PARK MAINTENANCE 585.00 24001 HOLMSTEN ICE RINKS INC -COMPRESSOR OILITHERMOMETER/SUPERHEATER 7206.79 -CIRCULATING PUMP & INSTALLATION-$6606/ REFRIGERATION COMPRESSOR SEAL-ICE ARENA 24002 HORIZON GRAPHICS LINO TYPE-HUMAN RESOURCES DEPT 24.00 24003 HUDSON MAP COMPANY STREET ATLASES-POLICE DEPT 48.15 24004 ICMA SUBSCRIPTION-ADMINISTRATION DEPT 469.00 24005 INACOMP COMPUTER CENTERS CABLE-WATER DEPT 58.00 24006 INDUSTRIAL LIGHTING SUPPLY INC FLUORESCENT LIGHT BULBS-WATER DEPT 146.03 24007 INSTY-PRINTS -PRINTING FORMS-HUMAN RESOURCES DEPT/ 363.00 POLICE DEPT 4.0 24008 GARY ISAACS -VOLLEYBALL OFFICIAL & OFFICIALS COORDINATOR/FEES PAID 24009 DEAN JACOBS MILEAGE/EXPENSES-ASSESSING DEPT 19.25 24010 JERRYS NEWMARKET EXPENSES-FIRE DEPT 48.39 24011 E F JOHNSON CO -BELT CLIPS-POLICE DEPT/MULTI-UNIT CHARGER-2119.51 -STREET DEPT/PORTABLE RADIOS/CHARGERS/ BATTERIES/CLIPS/CASES-COMMUNITY CENTER 24012 JEFFREY JOHNSON PUBLICATIONS-ENGINEERING DEPT 81.00 24013 ROGER JOHNSON -SERVICE-FLYING TIME FOR BLUFFS STUDY 50.00 SLIDES & PRINTS-PLANNING DEPT 24014 ELYCE KASTlGAR CONFERENCE LODGING-AQUATICS SUPERVISOR 54.95 24015 KOKESH ATHLETIC SUPPLIES INC WALLYBALL PADDLE-ORGANIZED ATHLETICS PROGRAM 3.99 24016 KOSS PAINT & WALLPAPER INC OIL-PARK MAINTENANCE 15.99 24017 LAB SAFETY SUPPLY -COVERALLS/MEDICATED SOAP/TAGS/JACKETS/ 518.18 LATEX GLOVES/SAFETY GLASSES-WATER DEPT 24018 LABOR RELATIONS ASSOCIATES INC SERVICE-LABOR ARBITRATION AWARD 65.00 24019 LAKE COUNTRY OOOR -CABLE/FUSE/CABLE SPRING/DOOR REPAIRS-169.30 POLICE BLDG/PARK BLDG 24020 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 1087.78 24021 LAKELAND FORD TRUCK SALES INC TRUCK-STREET MAINTENANCE 33716.87 24022 LANG PAULY & GREGERSON LTD -FEBRUARY & MARCH 92 PROSECUTION SERVICE-20891.12 -$20666IMARCH 92 SERVICE-FLYING CLOUD LANDFILL-$225 24023 LARKIN HOFFMAN DALY & LINDGREN LT -MARCH 92 LEGAL SERVICE-WETLAND PERMIT 2359.85 ISSUES 24024 LAW ENFORCEMENT TELEVISION NETWOR MAY 92 TV NETWORK SERVICE-POLICE DEPT "0 15172840 MAY 5.1992 24025 LAW & ORDER MAZAGINE SUBSCRIPTION-POLICE DEPT 14.00 24026 LESMANN ENTERPRISES INC PAINT & REPAIR TRUCK-EQUIPMENT MAINTENANCE 1320.20 tt!027 LIONS TAP EXPENSES-FIRE DEPT 52.47 028 THE WFT T-SHIRTS-ORGANIZED ATHLETICS DEPT 665.00 4029 WGIS MARCH 92 SERVICE 10985.16 24030 WNG LAKE FORD TRACTOR INC CLUTCH SHOE KIT-EQUIPMENT MAINTENANCE 41.80 24031 JUDY WWE -SIGN LANGUAGE INTERPRETER-ADAPTIVE 100.00 RECREATION PROGRAM 24032 RICHARD LUGEANBEAL SPRINGBOARD DIVING INSTRUCTOR/FEES PAID 107.00 24033 LYMAN LUMBER CO -PLYWOOD/TREATED TIMBERS-PARK MAINT/ 261.63 COMMUNITY CENTER 24034 MACQUEEN EQUIPMENT INC CONTROL CABLE-EQUIPMENT MAINTENANCE 26.62 24035 MARKS HWY 5 AMOCO GAS-EQUIPMENT MAINTENANCE 18.05 24036 MARKS EDEN PRAIRIE AMOCO GAS-EQUIPMENT MAINTENANCE 32.72 24037 MASTERCRAFT LABELS INC JR FIREFIGHTER BADGES-FIRE DEPT 450.00 24038 MATRX MEDICAL INC 1ST AID RESCUE EQUIPMENT-FIRE DEPT 185.36 24039 MBA DESKTOP PUBLISHING PLUS -TYPESETTING FLYERS-SUMMER CONCERT SERIES-30.00 -HISTORICAL & CULTURAL COMMISSIONIBIKE SOCIAL-SPECIAL EVENTS PROGRAM 24040 JULIA MCFADDEN -SERVICE-LAYOUT & EDIT OF SPRING & SUMMER 630.00 BROCHURES 24041 AHMAD MCGOWAN BASKETBALL OFFICIAL/FEES PAID 42.25 24042 MEDICAL OXYGEN & EQUIPMENT CO OXYGEN-FIRE DEPT 45.02 24043 MENARDS CONCRETE FORMING TUBES-COMMUNITY CENTER 83.32 24044 MENARDS -CARPET TAPE/ROPE/TARPS/GARBAGE BAGS/ 426.76 -CARPET/PAINTILIGHTSIBRUSHES/ROLLERS/ -WEATHERPROOF BOXES-ENGINEERING DEPT/PARK MAINT/COMMUNITY CENTER .045 METRO ALARM INC ALARM SYSTEM REPAIR-PUBLIC WORKS BLDG 70.00 ~046 METRO PRINTING INC PRINTING FORMS-POLICE DEPT 792.00 24047 METROPOLITAN WASTE CONTROL COMM MARCH 92 SAC CHARGES 39501.00 24048 MID AMERICA GOLF SUPPLY -GOLF BALLS-SPRING SKILL DEVELOPMENT 112.75 PROGRAM 24049 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 11.28 24050 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALLIPOLICE DEPT 620.04 24051 DEAN MILNER EYEWEAR REPLACED-POLl CE DEPT 129.00 24052 MINNEAPOLIS EQUIPMENT CO -CEMENT MlXER-$2865/S0IL COMPACTOR-$1850-4715.00 SEWER DEPT 24053 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 186.25 24054 MN CONWAY FIRE & SAFETY -FLASHLIGHTSINECK STRAPS/FOG FLUID-FIRE 228.75 DEPT/FIRE EXTINQUISHER-COMMUNITY CENTER 24055 MINNESOTA FORESTRY ASSN TREES-FORESTRY DEPT 157.50 24056 MN ICE ARENA MGRS ASSN MAILING LABELS-COMMUNITY CENTER 5.00 24057 MN REAL ESTATE JOURNAL INC SUBSCRIPTION-ASSESSING DEPT 54.00 24058 MINNESOTA STATE TREASURER MARCH 92 BUILDING SURCHARGES 3864.97 24059 MN SUBURBAN PUBLICATIONS EMPLOYMENT ADS-COMMUNITY CENTER 102.70 24060 MINNETONKA MILLS INC TIGHTS-PRO SHOP -COMMUNITY CENTER 40.05 24061 THOMAS MONTGOMERY CONFERENCE-FIRE DEPT 437.01 24062 MOORE MEDICAL CORP 1ST AID RESCUE EQUIPMENT-FIRE DEPT 136.10 24063 KEITH MOREHOUSE LUMBER-COMMUNITY CENTER 8.03 24064 MTI DISTRIBUTING CO -BLADES/FORKS/TIRES/RUBBER FINGER PULLER/ 461.97 WRENCHES/CASTOR WHEELS & TIRES-PARK MAINT 24065 MUNICILITE CO -WHELEN RESPONDERS/TRAFFIC ADVISOR/STROBE 1323.00 • -HEADIMIRROR BRACKET-EQUIPMENT MAINT/SEWER DEPT 6847376 CJCrs MAY 5.1992 24066 MUNICIPAL TOY COMPANY INC PLASTIC EASTER TOYS-SOCIAL PROGRAMS 175.00 24067 NATL RECREATION & PARK ASSN DUES-RECREATION SUPERVISOR 125.00 24068 NATIONWIDE ADVERTISING SERVICE IN -EMPLOYMENT ADS-COMMUNITY CENTERIPUBLIC •. 59 WORKSIPARK MAINTIUTILITIES DIVISION 24069 JAN NELSON -MINUTES-CITY COUNCILIHUMAN RIGHTS & SVS 225.00 COMMISSION 24070 RALPH NESBITT -FISHING INSTRUCTOR-OUTDOOR CENTER 35.00 PROGRAMS/FEES PAID 24071 NORTH STAR CONCRETE CO -STORM CATCH BASIN & SANITARY SEWER 1003.00 MANHOLE RINGS-SEWER DEPT 24072 NORTH STAR TURF INC NOZZLE TIPS/CASTOR WHEEL-PARK MAINTENANCE 68.58 24073 NORTHERN STATES POWER CO STREET LIGHT SERVICE-7000 CENTER DRIVE 711.00 24074 NORTHLAND BUSINESS COMMUNICATIONS -FACSIMILE MACHINE MAINTENANCE AGREEMENT-225.00 CITY HALL 24075 CURT OBERLANDER BICYCLE SAFETY VIDEO-POLICE DEPT 23.35 24076 OLSEN CHAIN & CABLE CO INC -TARP-PARK MAINT/CHAINS-EQUIPMENT MAINT/ 363.66 -GOLF NET FRAME-SUMMER SKILL DEVELOPMENT PROGRAM 24077 P & T COMMUNICATIONS -COMPUTER INSTALLATIONSIMODEM HooK-UP-202.50 WATER DEPT 24078 PEDERSON SELLS EQUIPMENT CO INC WIREIHOSE ENDS-EQUIPMENT MAINTENANCE 10.16 24079 PERFORMANCE COMPUTER FORMS COMPUTER PAPER-CITY HALL 132.99 24080 PERSONNEL POOL SERVICE-UTILITIES DIVISION 999.00 24081 PITNEY BOWES INC -FOLDING MACHINE MAINTENANCE AGREEMENTI 283.50 POSTAGE MACHINE TAPE ROLLS-CITY HALL 24082 PLANT EUQIPMENT INC PLUG VALVES-WATER DEPT 1138.48 24083 PRAIRIE ELECTRIC COMPANY INC -INSTALLED RECEPTACLES/COMPRESSOR WIRING 1416.90 -REPAIREDIHVAC UNIT INSPECTED-FACILITIES 4.23 DEPT/PARK MAINT 24084 PRAIRIE LAWN & GARDEN -FILTERS-PARK MAINT/BELT-EQUIPMENT MAINT/ 2 LAWN MOWERS-WATER DEPT 24085 PRAIRIE OFFSET PRINTING NEWSLETTER MASTHEADS-HUMAN RESOURCES DEPT 193.05 24086 JERRY PRODOEHL EXPENSES-STREET MAINTENANCE 14.73 24087 QUALITY WASTE CONTROL INC -APRIL 92 WASTE DISPOSAL-FACILITIES DEPT/ 1065.18 COMMUNITY CENTER/WATER DEPT 24088 R & R SPECIALTIES INC -BLADES SHARPENED/SNOW BREAKER/ROD/BOLT/ 286.75 LOCKNUT-PARK MAINT/COMMUNITY CENTER 24089 RADIO SHACK -ADAPTERS/vCR HEAD CLEANER/CONNECTORS/ 66.74 CRIMPER TooLIPLUGS/CABLE-POLICE DEPT 24090 SCOTT REIN BRooMBALL OFFICIAL/FEES PAID 60.00 ' 24091 TIM REIN BOOT HOCKEY OFFICIAL/FEES PAID 50.00 24092 RETAIL DATA SYSTEMS OF MN CASH REGISTER TAPE-LIQUOR STORE 123.26 24093 REVERE CHISEL/INSTANT ANCHOR GLUE-WATER DEPT 156.09 24094 RIEKE-CARROLLrMULLER ASSOC INC -SERVICE-WETLAND PERMIT ISSUE/WATERMAIN 67508.04 -IMPROVEMENTS/LEONA RD FEASIBILITY STUDY/ -MITCHELL RD CONST/STARING LN & SUNRISE -CIRCLE STREET & UTILITY DESIGNIROWLAND RD CONSTRUCTION 24095 RITZ CAMERA -FILM/FILM PROCESSING-POLICE DEPT/FIRE 58.39 DEPT/FORESTRY DEPTIPLANNING DEPT 24096 RONS MUSIC & GAMES SUPPLIES-LIQUOR STORE 261.07 24097 RooT-O-MATIC SEWER SERVICE SERVICE-MAIN SEWER LINE-PROMONTORY DR 76.50 24098 CITY OF ROSEVILLE -EXPENSES-MLC ANNUAL LEGISLATIVE DINNER-217.41 ADMINISTRATION DEPT .00 24099 REGIONAL MUTUAL AID ASSN DUES-ENGINEERING DEPT 8275915 Llg (() , '"' tto\Y 5.1992 24100 RYANS HIDE & FUR SERVICE-BEAVER CONTROL-SEWER DEPT 760.00 24101 SAFETY SHORT PRODUCTION INC VIDEO TAPES-SEWER DEPT 147.82 tt!102 SAINT CLOUD STATE UNIVERSITY SCHOOL-POLICE DEPT 544.00 103 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT 128.21 4104 THE SANTA CRUZ OPERATIONS INC COMPUTER SOFTWARE-WATER DEPT . 320.00 24105 SAVOIE SUPPLY CO INC TURBULATOR BRUSHES-STREET MAINTENANCE 27.45 24106 DALE SCHMIDT EXPENSES-STREET MAINTENANCE 16.38 24107 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT 135.62 24108 CARRIE SCHULBERG UNIFORMS-POLICE DEPT 23.62 24109 WILBUR W SCHULTZ BASKETBALL OFFICIAL/FEES PAID 45.50 24110 SEELYE PLASTIC INC -PVC PIPE/ADAPTERS/COUPLINGS/FITTINGS-169.24 WATER DEPT 24111 SENIOR COMMUNITY SERVICES 1ST QTR 92 SENIOR OUTREACH SERVICE 1511.25 24112 KERRY SE'ITEN HOFFSTROM EXPENSES-AFTER SCHOOL PROGRAM 80.70 24113 ALAN SHILEPSKY CONSULTING INC COMPUTER SOFTWARE SERVICE-EQUIPMENT MAINT 108.00 24114 SIEGEL DISPLAY PRODUCTS FREIGHT CHARGES-FIRE DEPT 11.22 24115 SIGN A RAMA USA SIGN-EQUIPMENT MAINTENANCE 101.17 24116 SIGNATURE CONCEPTS INC POLO SHIRTS/SWEATERS-POLICE DEPT/FIRE DEPT 664.45 24117 STEVEN R SINELL APRIL 92 EXPENSES-ASSESSING DEPT 224.50 24118 SIR SPEEDY PRINTING CENTER -PRINTING ENTERTAINMENT FLYER-HISTORICAL 238.00 & CULTURAL COMMISSION 24119 GARRE'IT SMELTZER MILEAGE-COMMUNITY CENTER 12.25 24120 W GORDON SMITH CO HYDRAULIC OIL/GAS-EQUIPMENT MAINTENANCE 213.86 24121 SOCIETY FOR HUMAN RESOURCE MGMT -REFERENCE CHECKING GUIDE-HUMAN RESOURCES 4.00 DEPT 24122 SOKKIA MEASURING SYSTEMS ROLATAPE-PARK MAINTENANCE 120.95 24123 SOUTHAM BUSINESS COMMUNICATIONS -LEGAL PUBLICATIONS-STREET SWEEPING & 464.28 -STRIPING/FIRE HYDRANT PAINTING/WATER •• -TREATMENT CHEMICALS/ROWLAND RD & OLD SHADY OAK RD 24124 SOUTH DALE YMCA -1ST QTR 92 YOUTH OUTREACH PROGRAM-2770.00 COMMUNITY SERVICES DEPT 24125 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-PARK MAINT/COMMUNITY CENTER 158.16 24126 SPECIALTY CONTRACTING INC -SERVICE-WATERMAIN REPAIR-EDENVALE BLVD/ 5316.48 SEWER SERVICE REPAIR-PROMITORY RD 24127 SPORTS WORLD USA STRINGING-RACQUETBALL PROGRAM 10.00 24128 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-SEWER DEPT 65.88 24129 STERLING GROUP INC SERVICE-CPT ACQUISITION PHASE FEE 11875.00 24130 STREICHERS PROFESSIONAL POLICE EQ -GRILLEIDECK LIGHTS/MAP LIGHT/SWITCH 276.80 CONTROL CENTER-EQUIPMENT MAINTENANCE 24131 STRGAR ROSCOE FAUSCH INC FEBRUARY & MARCH 92 SERVICE-DELL RD DESIGN 14006.05 24132 SULLIVANS SERVICES INC WASTE DISPOSAL SERVICE-OUTDOOR CENTER 76.74 24133 SUMMIT ENVIRONMENTAL ENGR & -JANUARY & FEBRUARY 92 SERVICE-WETLAND 6223.75 & WILDLIFE ASSESSMENT STUDY 24134 SUPERIOR FORD INC 2 POLICE SEDANS 26142.00 24135 SUPERIOR PRODUCTS MFG CO PRESS PUMP-LIQUOR STORE 312.72 24136 NATALIE SWAGGERT APRIL 92 EXPENSES-HUMAN RESOURCES DEPT 230.55 24137 TAMS WITMARK MUSIC LIBRARY INC MUSIC SHEETS-HISTORICAL & CULTURAL COMM 10.00 24138 TECHNIFLOW CORPORATION PROTECTIVE COATING FOR TRUCK-SEWER DEPT 2950.00 24139 KATHY TEKIELA EXPENSES-SPRING SKILL DEVELOPMENT PROGRAM 37.76 24140 TOLL COMPANY -GAS DIFFUSER/SAFETY COVER PLATE/NOZZLE/ 54.11 HELIUM-PARK MAINT/SOCIAL PROGRAMS 24141 TRAUT WELLS WELL PUMP REPAIR-WATER DEPT 4106.40 .142 TURF SUPPLY COMPANY SOIL TEST-PARK MAINTENANCE 9.50 143 TURNQUI ST INC PAPER TOWELS-FACILITIES DEPT 1217.10 8192147 qqr'j MAY 5.1992 24144 TWIN CITIES RHINO LININGS RAIL & TAILGATE LINING-SEWER DEPT 24145 TWIN CITY AREA LABOR MGMT DUES-CITY COUNCIL 24146 TWIN CITY OXYGEN CO -OXYGEN/ACETYLENEILIQUIFIED CARBON -DIOXIDE-EQUIPMENT MAINT/COMMUNITY CENTE~I WATER DEPT 24147 TWIN CITY TESTING CYLINDER TESTING-VALLEY VIEW ROAD 24148 TWIN CITIES & WESTERN TEMPORARY RAILROAD CROSSING-DELL ROAD 24149 U S TENNIS ASSN DUES-TENNIS PROGRAM 24150 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT 24151 UNLIMITED SUPPLIES INC INDEXES-PARK MAINTENANCE 24152 THE URBAN LAND INSTITUTE DUES-PLANNING DEPT 24153 VESSCO INC -GASKETS/DIAPHRAGMS/O-RINGSIBEARINGSI SPRINGS-WATER DEPT 24154 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER 24155 VOSS LIGHTING BATTERIESILAMPS-COMMUNITY CENTER 24156 WASHINGTON CAPITAL NEWS SUBSCRIPTION-FIRE DEPT 24157 WATER PRODUCTS COMPANY -PRESSURE VALVES/5/8 X 3/4 100 GAL METERSI -MEASURING CHAMBERS/GENERATORIPRESSURE -REGULATOR/HYDRANT HOSE GATE VALVE/ COUPLINGS-WATER DEPT 24158 WEST SUBURBAN MEDIATION CTR 1ST QTR 92 SERVICE-COMMUNITY SERVICES DEPT 24159 WEST WELD -BLADES/NOZZLESIBRUSHESIWIREIMETAL CUTTER WITH TORCH-PARK MAINT/EQUIPMENT MAINT 24160 WESTWOOD PROFESSIONAL SERVICES IN -SERVICE-PRAIRIE CENTER DR & SINGLETREE LN 24161 WORDPERFECT MAGAZINE 24162 X-ERGON 24163 YALE INC 24164 ZACKS INC 24165 ZEE MEDICAL SERVICE " 24166 ZIEBART OF MINNESOTA INC 24167 ZIEGLER INC 11000 AMERICAN NATIONAL BANK 11000 FIRST TRUST 23175 VOID OUT CHECK 23229 VOID OUT CHECK 23541 VOID OUT CHECK 23583 VOID OUT CHECK 23601 VOl D OUT CHECK 23624 VOID OUT CHECK 23673 VOID OUT CHECK 262220;0 TRAFFIC SIGNAL DESIGN COMPUTER SOFTWARE-ADMINISTRATION DEPT CLEANING SUPPLIES-WATER DEPT -AIR COMPRESSOR REPAIRED/CARBON DIOXIDE TANK PIPING & VALVES REPAIRED-WATER DEPT -RAKESIHANDLES/SPADES/FLOOR CLEANER-PARK MAINT/SEWER DEPT -1ST AID SUPPLIES-PARK MAINTENANCEI EQUIPMENT MAINTENANCE RUST PROOFING-SEWER DEPT OIL SAMPLE KITS-EQUIPMENT MAINTENANCE BOND PAYMENTS BOND PAYMENTS 11 i'i'7 t-i<.'(: I . ".' 678.00 200.00 .OS 249.00 2400.00 25.00 387.16 21.48 120.00 1314.35 163.40 169.79 95.00 2505.28 375.00 3272.66 6219.00 69.95 121.18 4)t71 2 .15 255.45 200.00 114.00 178416.84 74114.38 12949.75- 200.00- 52.00- 607.00- 50.14- 260.00- 146.68-:-: $1004122.21 • • DISTRIBUTION BY FUNDS 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 22 STATE AID CONST 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 40 86 FIRE STATION DEBT 45 UTILITY DEBT FD ARB 47 89 RECREATION REFUNDING 48 89 BLDG REFUNDING 51 IMPROVEMENT CONST FD 56 ROAD IMPROVEMENT DEBT FD 60 IMPROVEMENT CONST FUND 62 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 90 TAX INCREMENT FUND $1004122.21 • • 380628.28 64496.08 32210.29 20394.00 6467.67 75.00 25516.71 289.87 261.02 177582.50 283.45 10542.24 74114.38 5443.59 96118.12 47625.22 54216.45 83.77 7773.57 • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 4; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code, Chapter 4 is hereby amended to read: CHAPTER 4 BEER, WINE AND LIQUOR LICENSING AND REGULATION SECTION 4.01. DEFINITIONS. As used in this Chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: Subd. 1." Alcoholic beverage" is any beverage containing more than one-half of one percent alcohol by volume. Subd. 2. "Applicant" means any person making an application for a license under this Chapter . Subd. 3. "Application" means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. Subd. 4. "Beer or Non-Intoxicating Malt Liquor" means intoxicating malt liquor which contains not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. Subd. 5. "Club" is an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veteran's organization, which has more than fifty (50) members; has owned or rented a building or space in a building for more than one (1) year that is suitable and adequate for the accommodation of its members; and which is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purposes. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club or their guests beyond a reasonable salary or wages fixed and voted each year by the governing body. Subd. 6. "Guest" means a person not a member of the club licensee but present on the club licensed premises in the company of a host member. Subd. 7. "Host Member" means a member who is entertaining a guest who is in the member's company at all times such guest is on the licensed premises . lOuD Subd. 8. "Hotel" is an establishment where food and lodging are regularly furnished to transients and which has a resident proprietor or manager, a dining room serving the general public at tables and facilities for seating at least one hundred (100) guests at one time and a minimum of one hundred (100) guest rooms. Subd. 9. "Intoxicating Liquor" and "Liquor" mean ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. Subd. 10. "License" means a document issued by the City to an applicant permitting him to carry on and transact the business stated therein. Subd. 11. "License fee" means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. Subd. 12. "Licensee" means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor suspended, from the City for carrying on the business stated therein. Subd. 13. "Manufacturer" means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces liquors, wine or beer for sale. Subd. 14. "Member" means any person in good standing according to rules and regulations of the licensed club, wherever located, having evidence of current membership upon his person. Subd. 15. "Off-sale" means the retail sale of beer or liquor in original packages for consumption off or away from the premises where sold. Subd. 16. "On-sale" means the retail sale of beer, wine or liquor by the glass or by the drink for consumption on the premises where sold only. Subd. 17. "Package" and "original package" mean any container or receptacle holding liquor, wine or beer, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. Subd. 18. "Restaurant" is an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public and having a seating capacity for a tirinimum of one hundred fifty (150) guests. Subd. 19. "Wholesaler" means any person engaged in the business of selling liquor, wine or beer to retail dealers. Subd.20. "Wine" is sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultured products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance not containing less than seven percent (7 %) nor more than twenty-four percent (24 %) alcohol by volume for nonindustrial use. SECTION 4.02. LICENSE APPLICATIONS. Subd. 1. Application. All applications shall be made at the office of the City Clerk-Treasurer upon forms if prescribed by the proper Department of State of Minnesota, together with such additional information as the Council may desire. If State forms are not prescribed, then applications shall be made upon forms furnished by the City. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. 100 I • • • • • • Subd. 2. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter or any part thereof. Subd. 3. Application and Investigation Fees. At the time of the initial application, applicants for on-sale liquor licenses, beer licenses and on-sale wine licenses shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof. No such fee shall be required of an applicant for a temporary beer or liquor license. Subd. 4. Applications for Renewal. Applications for renewal of all licenses under this Chapter shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City. This time requirement may be waived by the Council for good and sufficient cause. Subd. S. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders holding more than five percent (5 %) of all issued and outstanding stock of the corporation and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Clerk-Treasurer in writing of any change in legal ownership or beneficial interest in such corporation or in such shares. The notice of such change must be given within ten (10) days of its occurrence. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation. The councilor any officer of the City designated by it may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Councilor its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. Subd. 6. Every application for the issuance or renewal of a license for the sale of intoxicating or non-intoxicating liquor must include a copy of each Summons received by the applicant under Minnesota Statutes, 1990, Section 340A.802, during the preceding year. SECTION 4.03. FINANCIAL RESPONSIBILITY OF APPLICANTS AND LICENSEES. Subd. 1. Proof. No beer, wine or liquor license shall be issued, maintained, or renewed unless and until the applicant has provided proof of fmancial responsibility imposed by Minnesota Statutes, 1990, Section 340A.409, by filing with the City: A. A certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to anyone person in anyone occurrence, and $100,000.00 because of bodily injury to two or more persons in anyone occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in anyone occurrence; and (2) $50,000.00 for loss of means of support of anyone person in anyone occurrence and $100,000 for loss of means of support of two or more persons in anyone occurrence, (an annual aggregate policy limit for dram shop liability of not less than $300,000.00 per policy may be included in the policy provision); or, B. A bond of a surety company with minimum coverages as provided in Subparagraph A of this Section; or C. A certificate of the State Treasurer that the licensee has deposited with him $100,000.00 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000.00 . IOO?. Subd. 2. Exception. This Section does not apply to on-sale beer licenses with sales of beer of less than $10,000.00 for the preceding year, to off-sale beer licensees with sales of beer of less than $20,000.00 for the preceding year, or to holders of on-sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this Subdivision. Subd. 3. The liability insurance policy, bond or certificate of the State Treasurer required above shall provide that it may not be canceled for any cause by the licensee, the insurance company, bond company or State Treasurer without first giving thirty (30) days' notice to the municipality in writing of intention to cancel it. Such notice must be addressed to the City Clerk. Subd. 4. Documents Submitted to Commission. All proofs of fmancial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. SECTION 4.04. PROCESSING OF APPLICATION. Subd. 1. Granting. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee and, if applicable, pay the investigation fee. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. Subd. 2. Manager or Agent. Before a license is issued under this Chapter to an individual who is a non-resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is its manager or agent. Such manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. Subd. 3. Issuing. If an application is approved, the City Clerk-Treasurer shall forthwith issue a license pursuant thereto in the form prescribed by the City or the proper Department of the State of Minnesota, as the case may be, and upon payment of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. Subd. 4. Conditional Licenses. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this Chapter, upon any license as it, in its discretion, may deem reasonable and justified. Subd. 5. Every license shall be granted subject to the provisions of this Chapter and all other laws relating to the operation of licensee's business. Subd. 6. No license shall be effective until a license shall be issued to a licensee under the laws of the United States or the laws of the State of Minnesota, if required by such laws. SECTION 4.05. STANDARDS. Subd. 1. The council may in its sole discretion, for any reasonable cause, refuse to grant any application. IO()3 • • • • • • Subd. 2. No license may be issued under this section to: A. A person not a citizen of the United States or a resident alien. B. A person under twenty-one (21) years of age. C. A person who within five (5) years of the license application has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of intoxicating or non-intoxicating malt liquors. D. A person who has had an intoxicating or non-intoxicating liquor license revoked within five (5) years of the license application; or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent (5 %) of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon; or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested. E. A person not of good moral character or repute. Subd. 3. No license shall be granted to a wholesaler or manufacturer of liquor, beer or wine or to anyone holding a financial interest in such manufacture or wholesaling. Subd. 4. Except as otherwise provided in this Chapter, no license shall be granted for any building within three hundred (300) feet of any public elementary or secondary school structure or within one hundred (100) feet of any church structure. Subd. 5. Delinquent Taxes and Charges. No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof or other financial claims of the City are owed by the applicant and are delinquent and unpaid. For the purpose of this Section, "applicant" includes persons and related persons owning, directly or indirectly, (1) at least a fifty percent (50%) beneficial interest in the proposed license or in the entity making the interest in the proposed license or in the entity making the application and (2) at least an undivided one-half interest in the premises proposed to be licensed or at least a fifty percent (50 %) beneficial interest in the entity owning such premises. Subd. 6. Limitation on Ownership. No person shall be granted liquor or wine licenses at more than one location. For the purpose of this Section, any person owning an interest of five percent (5 %) or more of the entity to which the license is issued or such ownership by a member of his immediate family shall be deemed to be a licensee. Subd. 7. On-sale intoxicating liquor licenses shall be granted only to hotels, restaurants, clubs, and congressionally chartered veterans organizations. Subd. 8. The Council may issue the number of licenses authorized by statute or restrict such number from time to time as it may, in its discretion, deem proper. SECTION 4.06. GENERAL PROVISIONS REGARDING LICENSES. Subd. 1. Duplicate licenses. Duplicates of all original licenses under this Chapter may be issued by the City Clerk-Treasurer without action by the Council. Subd. 2. Posting. All licensees shall conspicuously post their licenses in their places of business. Subd. 3. Premises Licensed. Unless expressly stated therein, a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license. and all transactions relating to a sale under such license must take place within such building or structure. IOOll Subd. 4. Principal Part of Business. A licensed restaurant shall be conducted in such manner that the principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of foods. "Principal part" shall mean fifty percent (50%) or more of the gross receipts. Subd. s. Premises Subject to Inspection. All premises licensed under this Chapter shall at all times be open to inspection by any police officer to determine whether or not this Chapter and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by such officers and without a warrant for searches or seizures. Subd. 6. Conduct on Licensed Premises. Except as herein provided, every licensee under this Chapter shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein. Subd. 7. License Refundment in Certain Cases. A pro-rata share of an annual license fee for a license issued under this section shall be refunded to the licensee or to the licensee's estate if the business ceases to operate because of destruction or damage, if the licensee dies, if the business ceases to be lawful for a reason other than a license revocation or if the licensee ceases to carry on the licensed business under the license. Under any of these circumstances the license shall be deemed to have expired. Subd. 8. Transfer. No license shall be transferable between persons or location without the consent of the Council. Subd. 9. Tennination. Licenses shall terminate only by expiration or revocation. SECTION 4.07. RESTRICTIONS AND REGULATIONS. Subd. 1. It is unlawful for any: A. Club or any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purposes of mixing liquor therewith, unless duly licensed under the provisions of this Chapter. B. Licensee to permit anyone under the age of twenty-one (21) years to consume alcoholic beverages on the licensed premises. C. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises for the purpose of consuming, purchasing or procuring beer, wine or liquor. Such proof of age may be established only by a valid driver's license or current Minnesota identification card issued pursuant to Minnesota Statutes, 1990, Section 171.07, or a valid alien passport. D. Licensee to hinder or prevent a police officer from making an inspection to determine whether or not the provisions of this Chapter and all laws are being observed. E. Licensee to sell beer, wine or liquor on any day or at any time when such sales are not permitted by law. F. Licensee to permit consumption of beer, wine or liquor on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. G. Anyon-sale licensee to permit any glass, bottle or other container, containing beer, wine or liquor in any quantity, to remain upon any table, bar stool or other place where customers are served, more than twenty (20) minutes after the hour when a sale thereof can legally be made. /oc/S • • • , • • • H. Licensee to permit any gambling or gambling device upon the licensed premises except such as are licensed by the State of Minnesota. I. Licensee to sell beer, wine or liquor to any person who is obviously intoxicated. J. Licensee to sell, offer for sale, or keep for sale, beer, wine or liquor in any original package which has been refilled or partly refilled. K. Licensee to display beer, wine or liquor to the public during hours when sale of these beverages is prohibited. SECTION 4.08. REVOCATION, SUSPENSION OR FINE. Upon a fmding that the licensee of any license granted pursuant to this Chapter has failed to comply with any applicable Statute, regulation or ordinance relating to an alcoholic beverage, the Council shall either suspend the license for a period not to exceed sixty (60) days, revoke the license, or impose a civil fine on the licensee not to exceed $2,000.00 for each violation. No suspension, fme, or revocation shall take effect until the licensee or permit holder has been afforded an opportunity for a hearing; pursuant to Minnesota Statutes, 1990, Sections 14.57 - 14.70, before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen (15) nor more than thirty (30) days prior to the hearing date, stating the time, place and purpose thereof. The Council may, in its discretion, contract with the State of Minnesota for a hearing examiner to hold such hearing. SECTION 4.20. BEER LICENSE REQUIRED. It is unlawful for any person to sell, or keep, or offer for sale any beer without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons licensed by the City to sell on-sale or off-sale beer or intoxicating liquors, nor shall this Section apply to sales to the public by persons licensed by the City to sell on-sale or off-sale intoxicating liquors. SECTION 4.21. TEMPORARY BEER LICENSE. Subd. 1. Applicant. A club or charitable, religious, or non-profit organization, duly incorporated as a non-profit or religious corporation under the laws of the State of Minnesota and having its registered office and principal place of activity within the City, shall qualify for a temporary on-sale beer license for serving beer on and off school grounds and in and out of school buildings. Subd. 2. Conditions. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale. B. No applicant shall qualify for a temporary license for more than a total of seven (7) days in any calendar year. C. The Council may grant a temporary beer license on premises owned or controlled by the City, but at no time shall the Council be under any obligation whatsoever to do so. Any such license may be conditioned, qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000.00 for injury to anyone person and $300,000.00 for injury to more than one person, naming the City as an insured during the license period. SECTION 4.22. DAYS AND HOURS OF BEER SALES. No sale of beer shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday, inclusive. Neither shall any beer sale be made on any Sunday between the hours of 1:00 a.m. and 12:00 noon. 100& (Section 4.23 through 4.29, inclusive, reserved for future expansion.) SECTION 4.30. LIQUOR LICENSE REQUIRED. It is unlawful for any person to sell, or keep, or offer for sale any liquor without a license therefor from the City. This Section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a legitimate religious ceremony; (2) to such potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes; (3) to industrial alcohol and its compounds not prepared or used for beverage purposes; (4) to wine in the possession of a person duly licensed under this Chapter as an on-sale wine licensee; or (5) to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota and to sales by wholesalers to persons holding on-sale or off-sale licenses from the City. SECTION 4.31. TEMPORARY LIQUOR LICENSE. Subd. 1. The Council may issue to a club, charitable, religious, or other non-profit organization in existence for at least three (3) years a temporary license for the on-sale of intoxicating liquor in connection with a social event held within the City and sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than three (3) consecutive days and may authorize on-sales on premises other than premises the licensee owns or occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with he holder of a full-year on-sale intoxicating liquor license issued by the City. Temporary licenses are subject to all laws and ordinances governing the sale of intoxicating liquor except those relating to insurance required by State law and/or City Code and except those which by their nature are not applicable. Temporary licenses are not valid unless first approved by the Minnesota Commissioner of Public Safety. Subd. 2. The Council may issue to the Eden Prairie Foundation a temporary license for the on-sale of intoxicating liquor in accordance with the provisions of Chapter 86, Laws 1985. SECTION 4.32. DAYS AND HOURS OF LIQUOR SALES. Except as provided in Section 4.33, no sale of liquor shall be made between 1:00 a.m. and 8:00 a.m. Tuesday through Saturday; after 1:00 a.m. on Sunday until 8:00 a.m. on Monday; or between 8:00 p.m. on December 24 until 8:00 a.m. on December 25. SECTION 4.33. SUNDAY SALES. A Sunday on-sale liquor license may be issued to hotels, restaurants or clubs, as herein defined, which have on-sale licenses and which also have facilities for serving not less than one hundred (100) guests at one time, and may serve liquor between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food provided in conformity with the Minnesota Clear Air Act. (Section 4.34 through 4.39, inclusive, reserved for future expansion.) SECTION 4.40. ON-SALE WINE LICENSE REQUIRED. Subd. 1. On-Sale Wine License Required. It is unlawful for any person to sell, or keep, or offer for sale any wine without a license therefor from the City. This Section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a legitimate religious ceremony; (2) to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota; (3) to sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the City; or (4) to sales by wholesalers to persons holding on-sale wine licenses from the City. Subd. 2. On-sale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than seventy-five (75) guests at one time. lo(f7 • • • • • • SECTION 4.41. DAYS AND HOURS OF WINE SALES. No sale of wine shall be made between 1:00a.m. and 8:00a.m. Tuesday through Saturday, between 12:00 midnight and 8:00 a.m. on Monday, between 1:00 a.m. and 10:00 a.m. on Sunday, or between 8:00 p.m. on December 24 until 8:00 a.m. on December 25. (Section 4.42 through 4.49, inclusive, reserved for future expansion.) SECTION 4.50. SPORTS OR CONVENTION FACILITIES LICENSE. The Council may authorize any holder of an on-sale license issued by the City or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the City, or instrumentality thereof having independent policy-making and appropriating authority and located within the City. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the premises and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto. (Sections 4.51 through 4.59, inclusive, reserved for futUre expansion.) SECTION. 4.60. CLUB LICENSEE RESTRICTIONS. Subd. 1. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter relating to sales and purchases of beer or liquor. It is unlawful for any: A. B. C. D. E. Club licensee to sell liquor or beer to any person not a member of the licensed club. Club licensee to serve beer or liquor to any non-member of the licensed club unless such non-member is a guest. Person who is not a member of the licensed club to purchase liquor or beer from the club. Club licensee to hinder or prevent a police officer from determining compliance with this Section and Chapter and all other laws. Person to refuse, upon request of a licensee or police officer, to provide information as to whether he or she is a member, guest, or host member or to give false, fraudulent, or misleading information in response to such request. (Sections 4.61 through 4.69, inclusive, reserved for future expansion.) SECTION 4.70. MUNICIPAL DISPENSARY. Subd. 1. Establishment. A Municipal Dispensary is hereby established to be operated within the City for the sale of liquor potable as a beverage and containing more than 3.2 percent of alcohol by weight. Such Dispensary shall be at such place or places as the Council shall determine and may be either leased or owned by the City. It shall be in the charge of a person known as the Manager who shall have such assistants as may be necessary. All employees, including the Manager, shall hold their positions at the pleasure of the Council. Subd. 2. Dispensary Fund. A Liquor Dispensary Fund is hereby created into which all revenues received from the operation of the Dispensary shall be paid and from which all operating expenses shall be paid. Any surplus accumulating in this Fund may, from time to time, be transferred to the General Fund by resolution of the Council and expended for any municipal purpose. (Sections 4.71 through 4.79, inclusive, reserved for future expansion.) IOO~ ------------------------------------------------- SECTION 4.80. UNLAWFUL ACTS. Subd. 1. It is unlawful for any: A. Person under the age of 21 years to consume any beer, wine, or liquor unless in the household of his or her parent or guardian and with the consent of the parent or guardian. B. Person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of his or her parent or guardian. Possession at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. C. Person under the age of 21 years to purchase or attempt to purchase any alcoholic beverage. D. Person under the age of 21 years to enter an establishment licensed under the Chapter for the purpose of purchasing or having served or delivered any alcoholic beverage. Persons who are 18, 19, and 20 years old may enter establishments licensed under this Chapter in order to perform work for the establishment (including the serving of alcoholic beverages); consume meals; and attend social functions that are held in a portion of the establishment where liquor is not sold. E. Person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. F. Person to induce person under the age of 21 years to purchase or procure any alcoholic beverage. G. H. Person to consume beer, wine, or liquor on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. Person to purchase beer, wine, or liquor on any day or during any hour when sales are not permitted by law. I. Person to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age except that a parent or guardian of a person under 21 years of age may give or furnish alcoholic beverages to that person solely for consumption in the household of the parent or guardian. (Sections 4.81 through 4.89, inclusive, reserved for future expansion.) SECTION 4.90. LICENSE FEES. All license and investigation fees provided for in this Chapter, including, but not by way of limitation, fees for on-sale and off-sale of beer, temporary on-sale of beer, on-sale and temporary off-sale of liquor, and on-sale of wine, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees, may, from time to time, be amended by the Council by resolution. A copy of the resolution shall be kept on file in the office of the City Clerk-Treasurer and open to inspection during regular business hours. (Sections 4.91 through 4.98, inclusive, reserved for future expansion.) SECTION 4.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. /O(}) • • • • • • Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. publication. This Ordinance shall become effective from and after its passage and FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on ______ , 19_, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 19_. Douglas B. Tenpas, Mayor ATIEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the ___ day of ______ _ 1016 • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-92 AN ORDINANCE OF mE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9, SECTION 9.05 RELATING TO mE UNIFORM FIRE CODE AND omER FIRE REGULATIONS; SECTION 9.65 RELATING TO REGULATION OF USE OF MITCHELL LAKE; SECTION 9.66 RELATING TO REGULATION OF USE OF RED ROCK LAKE; AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG omER mINGS, CONTAIN PENALTY PROVISIONS: mE CITY COUNCIL OF mE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie Ctiy Code Section 9.05 is amended to read as follows: "SECTION 9.05. UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS. Subd. 1. Adoption. There is hereby adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion that certain code known as the Uniform Fire Code as promUlgated by the International Conference of Building Officials and the Western Fire Chiefs Association, 1988 Edition ("Uniform Fire Code") in the form and content as adopted and amended in parts 7510.3100 to 7510.3270 part 3280 subparts 2-5 thereof, Minnesota Rules, 1989, and amendments thereto adopted through September 25, 1989, known as the Minnesota Uniform Fire Code together with appendices I-A, I-C, II-A, I1-B, II-C, I1-D, IV-A, V-A and VI-D of the Uniform Fire Code, hereinafter referred to as "MUFC" and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Subd. 6 of this Section of which code one (1) copy is on file in the office of the City Clerk-Treasurer; and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Section shall take effect, the provisions thereof shall be controlling. Subd. 2. Establishment and Duties of Fire Prevention Bureau. A. The MUFC and any State statutes pertaining to fire and life safety shall be enforced by the Fire Prevention Bureau in the Department of Inspections, Safety and Facilities, which is hereby established and which shall be operated under the supervision of the Director of Inspections, Safety and Facilities and the Fire Marshal. B. The Director of Inspections, Safety and Facilities or the Fire Chief may, but is not limited to, appoint such members of the, Fire Department as inspectors as shall from time to time be necessary. Subd. 3. Definitions. Wherever the word "jurisdiction" is used in the MUFC, it shall mean the City of Eden Prairie. Subd. 4. Storage of Flammable or Combustible Liquids in Outside Above Ground Tanks. A. The limits referred to in Section 79.501 of the MUFC in which storage of flammable or combustible liquids in outside above ground tanks is prohibited are hereby established as within the boundaries of the City. B. Temporary installations of flammable or combustible liquid tanks used for construction purposes will be allowed with a permit obtained from the Fire Prevention Bureau. ! ') I ; " I Subd. 5. Storage of Explosives and Blasting Agents. The limits referred to in Section 77.1 06(b) of the MUFC in which storage of blasting agents is prohibited shall be within the boundaries of the City. Subd. 6. Amendments of the MUFC. The MUFC is amended as follows: A. Amendments to Article 2 Division I (Organization and Authority). 1. There shall be added to Sec. 2.101 (Responsibility for Enforcement) number 9 as follows: 9. The means and adequacy of each exit in the event of fire from all places in which people work. live or congregate from time to time for any purpose. 2. Sec. 2.102 (c) (Chief Defined) shall read as follows: (c) Chief Defmed. Wherever the term "Chief" appears in Articles 2 to 87 or in the Appendix of this code. it shall mean State Fire Marshal. except that it shall also include the Fire Chief or Fire Marshal of the City. B. Amendment to Article 2 Division II (Duties and Procedures). 1. Sec. 2.304 (b) (Recognized Standards) shall read as follows: (b) Recognized Standards. Whenever this code is inapplicable for any reason to any situation involving the protection of persons and property from the hazards of fire and explosion. the materials. methods of construction. installations. practices. or operations necessary to provide such protections shall. to a reasonable degree. be in accordance with nationally recognized and accepted standards. principles and tests and generally recognized and well established methods of fire prevention and control as set forth in the 1990 National Fire Code of the National Fire Protection Association (NFPA) which is adopted by reference as part of this code as though set forth herein in its entirety. C. Amendment to Article 10 Division II (General Provisions). 1. Sec. 10.207 (m) (Marking Fire Lanes) shall read as follows: (m) Marking Fire Lanes. The marking of fire lanes on private and public property shall be designated by the Fire Prevention Bureau. D. Amendments to Article 10 Division III (Installatiqn and Maintenance of Fire-Protection. Life-Safety Systems and Appliances) of the MUFC. 1. Sec. 10.301 (t) (Approval and Testing) shall read as follows: • (t) Approval and Testing. All fire alarm systems. fire hydrant systems. fire extinguishing systems (including automatic sprinklers). wet and dry standpipes. basement inlet pipes. and other fire protection systems and appurtenances thereto shall meet the approval of the Fire Marshal as to installation and location and shall be subject to such periodic tests as required by the Fire Marshal. Plans and specifications shall be submitted to the Fire Marshal for review and approval prior to issuance of a building permit. / fl If) IJ: C\ • • • • • • 2 . 3. Sec. 10.302 (b) (Systems in High-rise Buildings) shall read as follows: (b) Systems in High-rise Buildings. The building owner shall be responsible for assuring that the fire and life safety systems required by Sections 1807 and 1907 of the Uniform Building Code shall be maintained in an operable condition at all times. Unless otherwise required by the Fire Marshal, quarterly tests of such systems shall be conducted by qualified persons. A written record shall be maintained and be made available to the inspection authority. The exception noted following Sec. 10.313 (a) (Where Required) shall read as follows: EXCEPTION: The requirement for protection does not include steam kettle and steam tables or equipment which as used does not create grease-laden vapors. The requirement shall not apply to Group R3 occupancies and individual units within Group Rl occupancies. 4. Sec. 10.314 (Basement Sprinkler Protection) shall be added and shall read as follows: Basement Sprinkler Protection. Sec. 10.314. (a) General. (1) The areas referred to in this section shall be the areas enclosed by exterior walls or fire walls or a combination thereof, except that in buildings of fire-resistive construction the areas shall be those enclosed by exterior walls, fire walls or walls of non-combustible material having a fire-resistive rating of not less than two hours or a combination thereof. (2) Combustible goods or merchandise referred to in this section shall include those made of wood, paper or rubber; those containing combustible and/or flammable liquids; those packed with excelsior, paper or foamed plastic; and other goods or merchandise of equivalent or greater combustibility. (b) Installation Required in Existing Basements and Cellars. (1) Approved automatic sprinkler systems shall be installed in all existing basement and cellar areas exceeding 1 ,500 square feet, when used for the manufacture, sale or storage of combustible goods or merchandise in an office, commercial, industrial, bowling alley or restaurant use (not including garages which meet the requirements of the Building Code). (2) In buildings used for assembly, educational, and institutional occupancies, approved automatic sprinkler systems shall be installed in portions of basement areas used for workshop or storage spaces when the total of such spaces exceeds 1,500 square feet. Where the total of these spaces exceeds 5,000 square feet, the entire basement or cellar area shall, be sprinklered. EX CEPTI ON: Basements or cellars having approved exterior wall openings as specified in the Building Code. 10' !~ . 'v' 1- (c) Installation. Automatic sprinkler systems shall be installed so as to provide reasonable safety to persons and property. Installation of automatic sprinkler systems in accordance with NFPA No 13 shall be evidence that such automatic sprinkler systems provide reasonable safety to persons and property. E. Amendment to Article 12 Division I (Maintenance of Exits). 1. Sec. 12.101 (Scope) shall have the following paragraph added: No exit or part thereof shall be altered in any way unless in conformance with Chapter 10 of the City Code. F. Amendment to Article 26 (Resurfacing and Refinishing). 1. Sec. 26.101 (General) shall read as follows: Sec. 26.101. Bowling alleys, roller skating rinks, handball or racquetball courts, and other public assembly occupancies shall conform to all other applicable requirements of this code, as well as the following provisions. G. Amendment to Article 32 (Tents, Canopies and Temporary Membrane Structures). H. 1. Sec. 32.110 (Standby Personnel) shall read as follows: Sec. 32.110. Standby firefighters shall be provided in accordance with Sec. 25.117. Amendment to Article 35 (Covered Mall Buildings). 1. Sec. 35.103 (Permits) shall read as follows: Sec. 35.103. No combustible goods, merchandise, vehicles or decorations shall be displayed or stored in an enclosed mall, skyway, tunnel or court, nor shall any use covered by 4.108(m)2. be allowed, unless prior approval and a permit is obtained from the Fire Prevention Bureau. I. Amendment to Article 49 (Welding and Cutting Using Calcium Carbide and Acetylene). J. 1. Sec. 49.101 (General Requirements) (c) shall read as follows: Sec. 49.101. A permit shall be required for welding or cutting operations. See Sec. 4.108. This permit shall not be required for each welding or cutting job location. All persons shall notify the Fire Marshal in advance where such work is taking place, except where such work is done in response to an emergency call that does not allow for the Fire Marshal to be notified in advance of the work. The requirement to notify the Fire Marshal does not apply to welding operations conducted on the premises of a commercial or industrial establishment engaged primarily in work requiring welding operations or to new building construction. Amendments to Article 61 (Oil Burning Equipment). 1. Sec. 61.103 (Design, Construction and Installation) shall read as follows: IOIW -----------------_._. __ . __ ._------- • • • • • • 2. Sec. 61.103. The installation shall be made in accordance with the instructions of the manufacturer, the Minnesota Heating, Ventilation, Air Conditioning and Refrigeration Code, and NFP A 31. Sec. 61.105 (Fuel Oil) shall read as follows: Sec. 61.105. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the manufacturer. Crankcase oil or any oil containing gasoline may only be used in units designed for such use, and approved by a nationally recognized testing agency. The installation and use of waste oil burners shall conform to the provisions of Minnesota Statutes, 1990, Section 299F.015. K. Amendment to Article 79 Division IX (Service Stations). 1. Sec. 79.903 (Dispensing Services) is amended by adding subsection (h) which shall read as follows: (h) Dwelling Units. No dwelling unit or sleeping facility for owner, operator or employee shall be maintained in or on the premises of self-service stations closer than 100 feet from Class I flammable liquid self service dispensing devices, or 50 feet from Class II flammable liquid self-service dispensing devices. Subd. 7. Modifications. The Fire Marshal shall have the authority to modify any of the provisions of the MUFC upon application in writing by the owner or licensee or his duly authorized agent, wherein there are particular difficulties in the way of carrying out a strict interpretation of the MUFC, provided that the spirit of the MUFC shall be observed, public safety secured, and substantial compliance achieved. The reasons for each such modification when granted or allowed, and the decision of the Fire Marshal thereon shall be entered upon the records of the Fire Prevention Bureau and a copy thereof furnished to each such applicant. Subd. 8. Central Fire Alann System. Every school building, dormitory, hospital, nursing or rest home, hotel, motel, or boarding home, and such other premises similarly used, which are designated in writing by the Fire Marshal upon notice to the owners thereof, shall install and maintain a fire alarm system which is connected directly to a central alarm station. Any such structure erected or established hereafter shall be connected to the above described system before the commencement of any such use, or uses, therein. Subd. 9. New Materials, Processes or Occupancies Which May Require Pennits. The Director of Inspections, Safety and Facilities, the City Fire Chief, and Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said Code. The Fire Marshal shall post such list of said permits in a conspicuous place in his office, and distribute copies thereof to interested persons. Subd. 10. Liquified Petroleum Gases. A. Where a single container or the aggregate of interconnected containers is 500 or more gallons water capacity, the installer shall obtain a permit and plan approval from the Fire Prevention Bureau. B. All single container installations with a total water storage capacity of 2,000 gallons water capacity or greater, or where the aggregate of interconnected containers is greater than 2,000 gallons, shall be protected by one or more of the following methods: IOlS 1. 2. 3. 4. Buried in an approved manner. Mounded in an approved manner. Protected by an approved system for application of water. Protected by other approved means. Subd. 11. Emergency Situation and Fire Control Costs. Every person, firm or corporation that is not a resident of the City or the owner of real property in the City subject to real property taxes, shall be liable for all the costs of fighting, preventing, extinguishing, or cleaning up any fire or explosion or the deposit of any substance or material detrimental to the health or safety of persons or property caused by or resulting from his or its act, negligence or omission. Subd. 12. Open Burning. Minnesota Rules, 1989, as adopted or amended through August 13, 1990, parts 7005.0700 to 7005.0820 entitled "Open Burning" are adopted as if set out herein in full. Permits for open burning shall be issued by the Fire Marshal. Subd. 13. Appeals. Whenever the Fire Marshal shall disapprove any application or refuse to grant a permit applied for or when it is claimed that the provisions of the code do not apply, or that it has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to the Building Code Board of Appeals within thirty (30) days from the date of the Fire Marshal's decisions." Section 2. Eden Prairie City Code Section 9.65 is hereby amended to read: "SECTION 9.65. REGULATION OF USE OF MITCHELL LAKE. • It is unlawful to operate any watercraft, vessel, or boat on Mitchell Lake with a motor except one motor of ten (10) or less horsepower. Authorized resource management, emergency and enforcement personnel are exempt from this provision when acting in the performance of their assigned duties. A temporary exemption permit may be granted upon the approval of the Board of Adjustments and Appeals." • Section 3. Eden Prairie City Code Section 9.66 is hereby amended to read: "SECTION 9.66. REGULATION OF USE OF RED ROCK LAKE. It is unlawful to operate any watercraft, vessel, or boat on Red Rock Lake with a motor except one motor of ten (10) or less horsepower. Authorized resource management, emergency and enforcement personnel are exempt from this provision when acting in the performance of their assigned duties. " Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. publication. This Ordinance shall become effective from and after its passage and FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on ______ , 19_, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 19 Douglas B. Tenpas, Mayor • lolG ArrEST: • John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the __ day of ______ _ • • • • • May 1, 1992 TO FROM: SUBJECT: Mayor and City Council, City of Eden Prairie Diane Harberts, Administrator SMTC Transit Hub/Commercial Venture 7600 Executive Drive Eden Prairie, MN 55344 (612) 934-7928 Fax (612) 937-7411 The Southwest Metro Transit Commission (SMTC) is considering the development of a major transit hub in the southwest corner of the current intersection of Highway 5 and Prairie Center Drive. The facility would serve express riders between Eden Prairie and downtown Minneapolis and would act as a collection and transfer point for Dial-A-Ride riders. There will also be the potential for linkage with transit service to other suburbs. This project is consistent with the Regional Transit Board's Vision for Transit's goal of improved suburban transit service. SMTC's 1990 Park and Ride Lot Planning Study identified the need for a major park and ride lot in this general area to accommodate demand for transit services over the next 20+ years. This site is extremely advantageous because (1) it is conveniently situated (particularly from the riders' perspective), (2) it is large enough to accommodate the anticipated 500-1000 car need, and (3) the Minnesota Department of Transportation (MnDOT) is making the land (which will be leftover right-of-way on the new Highway 212) available to SMTC at minimal cost ($1.00). SMTC is investigating the possibility of joint public/private use of the site, in addition to the park and ride facility, to maximize the use of the parking lot and to offer conveniences to attract riders. The feasibility of such uses, as well as funding options, are now being studied with MnDOT, the Regional Transit Board, MTC, and City of Eden Prairie Planning staff. MnDOT has agreed to build the infrastructure and SMTC will bear the cost of the park and ride lot. The projected schedule is as follows: Site evaluation, public/private feasibility study, funding review, project approvals Concept design Design development, construction documents Construction Opening 1992 1993 1994 1995 1996 We look forward to discussing this project with you and welcome your comments and questions. /):0 PROJECT INTRODUCTION The Southwest Metropolitan Transit Commission was established in 1986 to provide transit bus services for Chaska, Chanhassen and Eden Prairie. In 1989 the SMTC set out to establish long range goals and objectives for a comprehensive park and ride lot system. In 1990, the SMTC adopted the Park and Ride Lot Planning Study which established a network of park and ride facilities to serve SMTC both now and in the future as development, transit methodologies, and land-use patterns change. A "transit hub" facility was reviewed in the Park and Ride Lot Planning Study and given a generalized location near the end of the SMTC system which occurs near north-central Eden Prairie. It was determined that this facility could function as a commuter base as well as a centralized in-commute facility and a timed-transfer location serviced by mini- buses circulating in this already densely developed quadrant. Multi-family housing, employment, and commercial destinations would increase potential ridership and reduce vehicle-mile costs using lower cost buses. This "hub" facility would also serve to give mass transit a much-needed image within the community. Unlike its urban counterpart, suburban mass transit lacks high visibility in the community. Express service is limited to two-hour blocks of time in the morning and afternoon with no off-peak or weekend service. A transit depot concept, which could serve as a destination point for commuters, ride-share patrons, school-bus connections, and possibly a final way station for transferring to a future LRT system, has the ability to increase this visibility. The Park and Ride Lot Planning Study revealed that a majority of park and rider lot users need to make secondary trips in the morning and! or evening to secure convenience-type services (e.g. quick-stop groceries, fuel, dry cleaning). These trips have a great impact on highway congestion at peak times and require the use of a car, thus reducing the desirability of transit. It was therefore believed, and has been proven in other studies, that the combination of some convenience retail at a transit hub facility would not only decrease such trips but would also increase potential ridership, increase potential market area for a given station, give a day-long use to this facility, and would provide better overall service to the transit user. • • The Regional Transit Board, in their Vision For Transit in 1992, has clearly stated that the transit hub facility is the key to future transit operations. Their ten point vision includes: o Improve Suburban Transit Service o Support Employment, Recreation And Retail Centers, And Suburban Areas o Improve Travel Time Through Timed-Transfers o Use A Network Of Transit Hubs o Make Better Use Of Transit Resources o Improve Access To Region Via Public Transit o Provide More Accessible Transit To Persons With Disabilities o Make It Easy For Riders To Transfer From One System To Another o Match Appropriate Service Levels To Community Needs The RTB Vision for Transit clearly identifies its commitment to suburban transit and its understanding of the commuter impact on our highways. The overall reduction of vehicle miles, the accessibility to mass transit for all residents and its benefits to the people and the environment is the cornerstone of this Vision. It is this Vision and commitment to transit service that have made this project viable. The development of a "transit hub facility" for the SMTC system should enable much needed connections to surrounding communities and clearly make possible an interconnection to other suburban areas and activity centers. The embracing of the RTB Vision is the very essence of this proposal . • If, ~ Q U,v v I I I I I , D. TRANSIT HUB Planning Commission Minutes March 23, 1992 • Diane Harberts, Administrator for the Southwest Metro Transit, and Jim Lasher presented the proposal for a transit hub development. Hawkins asked if Southwest Metro Transit was involved with the Southwest Transit COalitio. Harberts replied no, the association was with MnDOT. Harberts stated that the Southwest Metro Transit had been in existence for 5 years. He believed that the Transit Hub would provide better service as a whole. Lasher present the plans for the present and future routes. He stated that the 1990 Park & Ride study had been completed. The hub concept would have several buses going out to various area and bring riders back to the Hub facility. The Hub would also provide reverse circulation from downtown out to various Eden Prairie areas. Lasher believed the Hub would promote growth and development around the surrounding area. Lasher reviewed the criteria in determining a Hub location. Lasher noted also that there had been an increase in suburb to suburb commuting in which major shopping center areas were utilized. Sandstad asked when the suburban hubs would be developed. Harberts replied that funding was an important issue and probably would not be seen until 1996. Lasher stated that studies indicated that people were not moving closer to their jobs but actually further away and the number of trips being made were increasing not the number of vehicles on the road. He noted that the overall concept was to reduce the number of trips and still provide the needed convenience. Sites were being reviewed at the Eden Prairie Center and another off 7 • !O \ ~\ • • • Highway 212. Lasher added that they were looking at adding a daycare center near the Transit Hub to provide additional convenience. The Transit Hub could interface with the school bus system also. Norman asked if Southwest Metro would lease the business spaces or would it be owned by the commercial businesses. Lasher replied that this had not been determined at this time. Sandstad asked if there were any other facilities similar to this other than the one in Boston. Lasher replied there was another facility outside of Seattle. Lasher reported that the legal aspects needed to be investigated further and a market analysis study done. Lasher noted that it would be important for the commercial businesses to be able to survive on their own without the bus traffic. Lasher stated that MnDot had agreed in concept to build a Park & Ride Lot as part of the Highway 212 development. Sandstad asked if a building design had been drawn up yet. Lasher replied no, that it had not been determined if this would be financially feasible or not. Sandstad asked Franzen what the City'S views were on this project. Franzen replied that Staff could see a lot of possibilities for special City events using shared parking. The Planning Commission concurred that this was an interesting concept which had merit and supported the concept. • • • MEMORANDUM TO: Mayor and city Council THROUGH: Carl J. Jullie, City Manager FROM: DATE: Craig Dawson, Assistant to the city Manager cJ) April 30, 1992 SUBJECT: Hennepin Parks Redistricting The Suburban Hennepin Regional Park District (Hennepin Parks) will hold its public hearing for redistricting on May 7. Four options are under consideration: . Options A and B are similar. option A retains the current boundary for District 4, in which Eden Prairie is located. Option B contains all of the communities in Option A with the exception of Hopkins. Options C and F place Eden Prairie District 4 with Edina and Minnetonka. these options affect communities in Hennepin County. in a newly-configured Major differences in northern and western James White of Orono currently represents Eden Prairie as the District 4 Commissioner. Orono remains in the same district as Eden Prairie under Options A and B. Bill Weir of Edina currently serves on the Board of Commissioners of Hennepin Parks. Edina is in the same district as Eden Prairie under Options C and F. RECOMMENDATION: attachments m-mcc430 If the Council prefers one of the options under consideration, it should state that preference and adopt the proposed Resolution No. 92-100. This resolution would be forwarded to Hennepin Parks for inclusion in the public hearing record. '0"0 I f'i. CITY OF EDEN PRAIRIE RESOLUTION NO. 92-100 A Resolution Stating the Preference of the City Council Regarding Proposed Redistricting for Hennepin Parks WHEREAS, the City Council received notif ication of a public hearing to be held by the Suburban Hennepin Regional Park District (Hennepin Parks) for the purpose of establishing districts of representation for the Parks Board of Commissioners; and . WHEREAS, Hennepin Parks presented four alternatives labeled options A, B, C, and F; and WHEREAS, on May 5, 1992, the City Council discussed the merits of each option in order to take a position on which Option it preferred to have established, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Eden prairie declares that it prefers option ___ for establishing the districts to be represented by commissioners and urges that the Board of Commissioners of the Suburban Hennepin Regional Park District adopt this plan. Adopted May 5, 1992. Douglas B. Tenpas, Mayor Attest: John D. Frane, City Clerk • • • HENNEPIN PARKS Suburban Hennepin Regional Park District 12615 County Rood 9 Plymouth. MN 55441-1248 Telephone (612) 559-9000 Fax (612) 559-3287 Board of Commissioners Judith S. Anderson Chair Bloomington Nicholes P. Eoloff Vice Choir Brooklyn Center Susan Nelson Boser Crystal Shirley A Bonine Meole Plain Davld J Dombrowski 51.· LOUIS ParK Bill Weir Edina JamesM. While Orono Douglas F. Bryant • Intendent & tory to the Board TO: FROM: RE: April 20,1992 City Manager/City Clerk/City ~inistrator Robert M. ~icklund, Directorg,~ Department of Administration~ Hennepin Parks Redistricting The Board of Commissioners of the Suburban Hennepin Regional Park District {Hennepin Parks> will be holding a Public Hearing on Proposed Redistricting of Hennepin Parks Commissioner Districts on May 7, 1992 in the Board Room of the Hennepin Parks Administrative Office, 12615 County Road 9, Plymouth. The purpose of the hearing is to receive comments regarding the proposed Commiss10ner election d1str1cts required by the results of the 1990 census. The proposed redistricting is to be 1n effect for the 1992 election. Enclosed are four options for redistricting which have been adopted by the Board for presentation at the public hearing. He would appreciate it if you would post this information in your City Hall so as to inform any residents who may be interested in attending the hearing. If anyone has any questions concerning redistricting, they should be directed to call me at 559-6752. Thank you for your cooperation. RECYCLED PAPER -Conserving Our Resources An Equal Opportunity Employer SUBURBAN HENNEPIN REGIONAL PARK DISTRICT COMMISSIONER DISTRICTS Roge,. Oayton HASSAN Champlin Wapi. Grov. Coreoran O •• eo Irooklyn Park Greenfield 1 2 Loretto HENNEPIN • N •• St. Anthony Ind.pend.nc. Wapi. Plain Wlnnetrll" Medina Long Lak. Orono Wlnn.tonke I.ach Spring Park PIYRlouth W.dlcln. Lak. Wayzata Woodland .. Inn.tonka e.eDh..,.n Tonka lay Gr •• nwood 4 St. lonlficlul Eae.llior Shor.wood New Commiliioner Olltrictl were eltabUlned by Relolutlon of tne Park Olltrlct Soard on Oecember S, 1 ass. pursuant to Legillation paned by the 1 a8S Legiat.ture. Commiaak)nerl .-cted at the 1 aee gM"IIrai e4ection trom Olatrlctl 1. 3, and 6 .. rve 4-year terml, thO .. from Oiatrictl 2 and 4 .. rve 2-year term •. Ed.n .. ,.Irl. Gold.n Vall.y 3 St. Loul. .. ., ... Idlna 5 IlooMlntto. .. All .f Crutella la Dlatrlot I 2 • • • • COMMISSIONER DISTRICT 1 s V7ZZ7/1 COMMISSIONER DISTRICT 2 • II I I I I I I I COMMISSIONER DISTRICT 3 • ~~ COMMISSIONER DISTRICT 4 • bl ~d COMMISSIONER DISTRICT 5 • ooooa • II/1II11:-'''UV''f/\At OPTION A COMMISSIONER DISTRICT 2 • II I I : I I I I COMMISSIONER DISTRICT '3 • ~~ COWISSIONER DISTRICT 4 • 61 ~d COMMISSIONER DISTRICT 5 • 0<XX>a I·'l~ . .IC'.) • OPTION B • • ....... " ..... ,.., "., .. , .. ,.-....... .. ...... ' • COWISSlOOER DISTRICT I • VZZZZ/I COWISSIOOER DISTRICT 2 • 11111 1111 CCWISSI~ER DISTRICT '3 • ~~~ COWISSI~ER DISTRICT 4 • b! ~= CCWISSI~ER DISTRICT 5 • ooooa • .-.e.-'_ '''''1 ~ OPTION C rf\Ulo.C"'t~INI ""-t-I ~,. I ..... ~ r'U'\IrI ~~dllll~OPTION F C0MMISSIONER DISTRICT 1 = V2272/1 COMMISSIONER DISTRICT 2 a II I I I I I I I COMMISSIONER DISTRICT 3 • ~~ COMMISSIONER DISTRICT 4 • 61 ~d COMMISSIONER DISTRICT 5 • 0<X><>a 1()~1 • • • • TO: THROUGH: FROM: DATE: SUBJECT: Request to Council: ~10RANDUM Mayor and City Council Carl J ullie, City Manager Chris Enger, Director of Planning David Lindahl, Planner April 27, 1992 SUMMARY OF TRANSPORTATION DEMAND MANAGEMENT (TDl\-n STRATEGY PLAN FOR 1-494 CORRIDOR The 1-494 Corridor Commission is seeking endorsement of the attached Strategic Plan for Implementing TDM in the 1-494 Corridor from each member city before finalizing the plan. Plan PreparerlSponsor: Comsis Corporation, a California based transportation consultant, prepared the Plan for the 1-494 Corridor Commission. The Commission is a Joint Powers Organization (JPO) created to research, plan, • and coordinate the implementation of strategies that reduce growing traffic congestion on 1-494. Members include Eden Prairie, Bloomington, Edina, Richfield, and Minnetonka. Purpose: The main purpose of the Plan is to provide a strategy for implementing TDM within the southwest corridor of 1-494. The Plan details the process needed to set up a corridor-wide TDM program. This Plan will help guide the JPO cities in reaching a consensus about which TDM requirements· to include in the final Plan, and how best to carry out or enforce them, ie, trip reduction ordinance vs. policy. Problem: Peak hour traffic congestion in the 1-494 corridor will get worse as the population and employment of the area increases. Physical improvements to this segment of 1-494 are not expected to begin until 1997. Although MnDot expects that once the planned improvements are complete that 1-494 will accommodate forecasted traffic volumes to 2010, TDM will be necessary to help relieve congestion before and during the reconstruction process. TDM will also help reduce impacts of increased traffic levels on local roads. \Vhat is TDM?: Transportation Demand Management (TDM) refers to any techniques used to reduce traffic congestion through managing "travel demand." TDM techniques reduce traffic congestion by shifting commuters • from drive alone to shared ride arrangements. TDM strategies include car/van pooling, transit or bus use, 1 variable work hours, High Occupancy Vehicle (HOV) lanes, and preferential parking, parking charges, and employer provided transit subsidies. • TDIH Strategy Plan Summary: TDM is expected to help reduce peak. hour traffic congestion before and during reconstruction of 1-494, planned to begin in 1997. TDM also should help manage congestion on local roads, since it is estimated that for every vehicle trip taken off 494 through a corridor-wide program, two trips will be taken off local roads. The Plan estimates that peak hour traffic can be reduced through TDM by 8-32 %. The percent reduction depends on which TDM strategies are applied, whether they are mandatory or voluntary, and if they are applied to new or existing development, or both. These issues need to be resolved by the participating cities before the plan can be finalized. Com sis recommends implementing the Plan in three phases, with the timing of each phase tied to MnDot's reconstruction schedule. Phase one could:begin in 1993 and would mainly involve developing a political consensus among key participants on recommended strategies, finalizing and adopting an enforcement mechanism (model ordinance/policy), starting a corridor-wide educational program, and requiring employers and building managers to fulfill basic reporting requirements. Phase two and three would begin before reconstruction (1995) and trip reduction requirements would be imposed to mandate TDM performance targets. Certain performance targets will be established that would most likely be measured through a commute alternative rate, which refers to the percentage of employees driving alone vs. employees using TDM. The Plan will mainly involve participation by employers, although developers and building managers also • would be included. Comsis suggests enforcing the Plan through a trip reduction ordinance or policy statement enacted by each member.city. A model trip reduction ordinance would be developed that is flexible enough for all cities to adopt as either an ordinance or policy statement. If the basic requirements and timing of phasing are the same for each city, the specific performance targets, administrative requirements and penalties can differ between cities. After each member cities' Council is presented with the Plan concept, a "stakeholder's" meeting will be held in June, involving a detailed presentation of the Plan by Comsis. Key employers, developers, . building managers, and council members from the five cities will be asked to attend this meeting. Input from this meeting will be used to help Comsis and the JPO address any unresolved questions and issues in the Plan. See Exhibit A on back page for plan implementation framework and flow chart. TDM Plan Specifics/Highlights: Growth Forecasts: • • • • 1-494 corridor is the second fastest growing commercial real estate market in the Twin Cities. Even with the current slow-down in growth, the area will remain a prime area for office, retail, commercial, and .residential growth. Population in the corridor will increase 20% by 2010 (256,000 to 303,000). Employment will increase over 70% (150,00 jobs to 260,000). More than 50 million square feet of office and industrial space existed in 1988, with 12 million. 2 • • • square feet of retail space. In 1988 it was forecasted that by 2010, about 30 million additional square feet of office and industrial space and 9 million commercial retail space would be developed in the corridor. Although, these forecasts may be optimistic due to the current recession, the absorption of existing vacant office and industrial space (22 %) alone will increase traffic significantly in the corridor. Traffic will increase in corridor from 2.7 to 3.7 million average daily trips . Existing Commuter Habits: • Over 6,500 employees within three areas of the corridor were surveyed to determine commuter habits and possible interest in TDM. About 90% of the respondence drove alone, with 60% using their car for a mid-day personal trip. About 10% of the respondence used alternative forms of transportation, which were usually 2-person carpools. The survey results coupled with feedback from focus group meetings suggest that without some incentives, or disincentives, most people will not switch to shared-ride modes or change their work arrangements to reduce peak hour travel. Role of roM within Corridor: • TDM is expected to help reduce traffic congestion within the corridor, especially before and during reconstruction of 1-494. Yet, emphasis should continue to be placed on managing existing infrastructure through road expansion and system management, as well as managing new growth through land use controls . roM Goals for 494 Corridor: • Manage existing congestion and reduce congestion based on future projections. • Maintain or improve mobility options available to commuters and residents (through enhanced transit options, park-and-ride opportunities, etc.) and contribute to the high quality of life Minnesotans have come to expect. • Preserve the environment, including improving air quality and preserving energy, in the corridor and the region. roM Objectives to Address Goals: • Mitigate the impacts of 1-494 reconstruction (congestion). • Reduce peak period vehicle trips (congestion). ' • Shift commuters to non-peak periods (congestion). • Enhance and improve the quality, cost effectiveness and availability .of commute alternatives (mobility). • Reduce CO emissions and energy use (environmental). Estimated Impacts of roM: Com sis examined various TDM strategies to determine their affect on reducing future traffic. TDM • strategies examined include: HOV lane, improved transit service, fare reductions, employer subsidies, 3 rideshare programs, variable work hours, preferential parking, and parking charges or taxes . A medium and high package of TDM strategies were developed. Both packages included all the above strategies. The difference is that the medium package was applied more modestly than the high, ie, less employer provided subsidy, lower parking charges, less aggressive rideshare promotion, etc. These packages were applied to two groups: 1) future employers at new developments ("new mandatory"); 2) all employment, existing and future employers ("full mandatory"). Trip reduction forecasts from this analysis are as follows: II TDMPACKAGE I > REDUCTION ON 494 AREA-'VIDE REDUCTION Medium/New Mandatory 3% 8% Medium/Full Mandatory 6%-18% High/New Mandatory 8% 20% High/Full Mandatory 11% 32% It is estimated that two area-wide trips will be reduced for everyone trip reduced on 494, because the trips within the corridor that do not use 494 also will be reduced through a corridor-wide TDl\l program. • A consensus needs to be reached by the JPO cities about which TDM strategies are feasible in the. corridor, and if they will be applied at new or existing developments before a corridor-wide reduction goal can be set. Once this is done, Com sis will do a final TDM analysis to determine the optimal trip reduction target. The final reduction goal will be recommended between 8 % and 32 %. Phasing of TDM Implementation: Since the need for implementing TDM relates largely to the timing of reconstruction of 1-494, the recommended phasing plan follows the proposed reconstruction schedule. The phasing plan can be adjusted to reflect possible changes to the timing of reconstruction. Phase I -Pre-construction (1993 -1997) • Develop political consensus on recommended TDM strategy, and finalizing model ordinance or policy statement necessary to implement plan. • Cities adopt trip reduction ordinance or policy. • Employers and building owners fulfill reporting requirements so a baseline of information can be developed. • A corridor-wide TDM educational program should complement requirements. Phase 2 -Reconstruction Mitigation (1995 -2010) 4 }j~j I • • . : Employer trip reduction requirements would be imposed to mandate TDM performance targets . Enforcement begins and penalties may be considered to encourage compliance. Schedule for these targets will be tied to desired reduction adopted by each city. Program should be implemented concurrently by all cities. Phase 3 -Post-Construction (1997 -2010) • Mitigation program and employer compliance monitored to assess fulfillment of trip reduction goals. • If performance targets are broadly being missed, specific TDM strategies, such as parking management or financial incentives, could be prescribed and made mandatory as part of employer requirements. Performance Targets: An overall performance target should be established between 8-32 % by 2010, with interim targets set for each phase. Cities could set their own targets provided their contribution is proportional to overall 2010 target. The interim targets could be as follows: • • Phase 1 Targets -2-5% trip reduction. These would be set low to reflect voluntary programs and growing experience by employers with TDM and reporting requirements. Phase 2 Targets -These targets would be determined to reflect trip reduction levels needed for reconstruction mitigation. •• Phase 3 Targets -These should be set to reach the overall 2010 target . • Targets could be measured in one of the following three ways: • Commute Alternative Rate (CAR) -20% 180% Commute Alternative Rate or non-drive alone mode split by 2010. • Trip Reduction (TR) -Between 8 & 32 % reduction over projected 2010 levels. • Average Vehicle Occupancy (AVO) -from 1.2 to 1.6 AVO by 2010. The Commute Alternative Rate (CAR) is recommended for measuring performance targets based on its ease of understanding by employers, and the ability to relate the measure back to the overall trip reduction target. Application of roM Techniques: The TDM program will be performance based. Participants can comply by using any set of TDM techniques that achieve targets, since no single set of techniques will work in every situation. Employers should experiment with various techniques to find out how they best fit into their corporate culture, benefit package, employee classifications, and physical setting. Requirements should be imposed on the three distinct groups: • Employers -Most of the requirements should be with employers. Sites with 100 or more employers would comply first. Sites with less than 100 could begin complying in Phase 2 with 5 • • less stringent requirements. Developers -Requirements focus on site design improvements conducive to TDM. Developer's • role can be enlarged if cities concentrate development around major retail centers, designed to be major transit hubs, by providing access to these hubs. Multi-tenant Buildings -These buildings could be included to capture the impacts of TDM on smaller employers (1-49). IDM Program Enforcement: Employers, developers, and building managers will all playa central role in implementing TDM. Most of the requirements related to the Plan will be placed on these three groups. To achieve any measurable results on traffic reduction through a TDM program, a trip reduction ordinance or policy statement should be enacted by each member city. A model trip r~uction ordinance should be developed that would be flexible enough for each city to adopt. As long as: the overall target, basic requirements and timing of phasing are the same for each city, the specific performance targets, administrative requirements and penalties can differ between cities. The JPO would monitor each cities' contribution to the Plan. The model ordinance could be administered by the cities, the J1'O or a combination of the two. In San Mateo County, south of San Fransisco, six cities have formed an interjurisdictional authority through a joint powers agreement and have all passed the same trip reduction ordinance. Each city enforces the ordinance within their city, but the program is administered by the JPO staff. It is expected that one half- to full-time administrator will be needed to handle various functions, such as: developing a database of employers, notification of employers and building owners, site plan review for new development, report plan review and approval. One clear role for the member cities is as leader in implementing TDM • as an employer. This sends a clear signal to business community that the city is a partner in TDM implementation. If the requirements imposed by each city are the same, it is more feasible for the JPO (TDM Coordinator) to administer the program. Agencies such as the Met Council, MnDot, and the RTB should all support TDM policies, and should encourage other cities to implement similar TDM programs in congested corridors. This could help reduce through-trips on the southwest segment of 1-494 . . Other agencies expected to be play key roles in implementing a corridor-wide TDM program include Minnesota Rideshare and Improve 1-494. Minnesota Rideshare will provide ride matching assistance, technical assistance in employee surveying, reporting and plan preparation, and other commute management services. Improve 1-494, a private Transportation Management Organization (TMO) involving employers and developers within the 1-494 corridor, also should play a major role in implementing the Plan. Any other service providers should help in promoting the Plan. Implementation Schedule: The recommended schedule for program implementation and the tasks included in each phase is as follows: 1992-1993 Ordinance/Policy Approval -Tasks include: Developing consensus on TDM Strategic Plan, educate stakeholder and solicit their. 6 f '. .') ..... , ; ) .... "''''I : \. ...... / • • • 1993-1997 Phase 1 (Pre-Construction) - 1995-2010 Phase 2 (Reconstruction) 1997-2010 Phase 3 (Post-Construction) - input; draft, revise, and complete Strategic Plan and model ordinance or policy framework; determine role of existing, planned or needed regional/state policies and programs; determine appropriate administrative and support roles of JPO, cities, and others; approve ordinance or policy at all 5 cities. Tasks include: Evaluate effective TDM strategies, educate participants of requirements; implement employer, developer, and building owner requirements; assure that complementary federal/state and regional policies and programs are in place. Tasks include: Implement mitigation program; promote interim HOV lanes and improved commute alternatives; initiate employer performance targets and enforcement; assure that cities have initiated requirements by agreed-upon date. Tasks include: Evaluate long term affects of mitigation phase; assess each cities' contribution to corridor target; modify requirements to prescribe specific techniques at a given site rather than specify a performance target only; modify each cities' ordinance to increase effectiveness as necessary to achieve corridor-wide goals. Any further details about the Plan will be presented by Comsis at the stakeholder's meeting to be announced. 7 ------------------------- TDM POLICY AND IMPLEMENTATION FRAMEWORK 1-494 STRATEG IC PLAN FOR IMPLEMENTING TOM IN THE I -494 CORRIDOR March 1992 • I Final I Consensus ri Adopt I Ordinance I Notify I Businesses ~ Train I Coordinators ~ Prepare I Plans I Review/Approve II Plans ~ Enforce • Compliance ~ Monitor I Performance I ri Review I Ordinance I • Acronyms: JPO CITIES JPO TMO MINNESOTA RIDESHARE BUSINESSES JPO CITIES JPO CITIES JPO TMO TOM Consensus formed by "stakeholders" about specifics of Strategy Plan at the end of the ordinance approval phase (late '92). JPO would seek business and public ageny "buy-in" to the TOM strategy and ordinance, or at minimum, resolve key concerns raised by the business community. May include enactment of either an ordinance or policy, which would mandate programs of employers and building owners, and outline requirements of d" ,,,,ufJ,,,rs through existing review process. This task would be done by JPO staff, as empowered by the Cities. Lists of businesses could be acquired from Cities, state employment records or commercial sources. Alternatively, self-identification would involve businesses of a certain size to be required to notify the JPO of their existence and intent to comply. This task would involve educating employers of the requirements, training in-house coordinators, and providing ongoing assistance to businesses during plan preperation and implementation. The best arrangement may be locating a Minnesota Rideshare staff person at the TMO for delivering these services. Since neither the TMO or Mn. Rideshare has been approached with any specific request, this is the preferred approach, from the stand-point of the JPO and Cities. Businesses would prepare reports or TOM plans with assistance from TMO and Mn. Rideshare. Plans would be reviewed and approved by JPO and approvals or rejections forwarded to each City for recording (approved plans) or action (rejected plans). JPO Cities would enforce compliance by informing firms (perhaps through JPO) in non-compliance of required actions (fines, resubmit plans, etc.). The Cities, given their police powers, would adjudicate any situation where non-compiance could not be resolved. JPO would monitor the performance of each city in reaching its targets and contributing to corridor-wide targets for redUCing trips. The JPO could prepare an annual or biennial report to the Cities summarizing the performance of each city and making any recommendations or changes to ordinance, administrative guidelines, em~loyer outreach etc. Each City would then make appropriate revisions to the ordinance and to the role of the JPO in administering the requirements. Joint Powers Organization: I -494 Corridor Commission Transportation Management Organization: Transportation Demand Management I t 1),,- t ! 1V) ........ ;JJv Improve 494 A'lTAOIMENT A I • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-97 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 52-256 BLUFFS EAST 12TH ADDITION BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvement have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City Standards and advertise for bids thereon, with the assistance of H.T.P.O. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on May 5, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk -------------------------- CITY Of EDEI'< PR \IRIE. MINNESOTA 100% PETITION FOR LOCAL IMPROV[}-,1ENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: Specify Type General Location Sanitary Sewer I -~~ <f-~<;..t-/2- Watermain II Storm Sewer 1/ Street Paving I ( Other 1\ Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially assessed against the property described below in accordance with the City'S special assessment policies. We furth~r understand that the preliminary, estimated total cost for the said improvements is llo i I y'oct, S C Street Address or other Legal Description Names and Addresses of Petitioners of Property to be Served (Must be owners of recor~ tv\ef~~ La i-..JE. OWI\O-r L-ct)rrc:.:: Ecc:::;t 6i ~ ~ ) sfud 'D~v I (lDi'--Cf\. -~ (. ~ll~~ .--1 cs.. U ~~ "'l 11\\ n ,Vl~ ( J .J ~ '-'] I =========================================== Date Received: (For City Use) M7R~ Project ~o_: 3c:-C;SG Council Consideration: ------------------- • • V •