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HomeMy WebLinkAboutCity Council - 06/02/1992 AGENDA • EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 2, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jesseti, 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 IP I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IL MINUTES OF CITY COUNCIL MEETING HELD TUESDAY.MAY Page 1073 19, 1992 III. CONSENT CALENDAR A. Clerk's License List Page 1084 B. Final Plat Approval of Windfield 2nd Addition(located west of Page 1085 Dell Road and south of TH 5) Resolution No. 92-114 C. Final Plat Approval of Bell Oaks Seventh Addition (located Page 1088 north of Riverview Road. east of Homeward Hills Road) Resolution No. 92-115 D. Approve Plans and Specifications for Traffic Signals at TH Page 1090 169/212 and Leona Road/Eden Road Intersection. I.C. 52-233 (Resolution No. 92-116) City Council Agenda June 2, 1992 . Page Two E. BLUFFS EAST 12T1i ADDITION by Hustad Development Corp. Page 1091 2nd Reading of Ordinance No. 11-92, Zoning District Change from Rural to R1-13.5 on 12.47 acres, Approval of Developer's Agreement for Hustad Development Corp; Adoption of Resolution No. 92-121 Authorizing Summary of Ordinance No. 11-92 and Ordering Publication of Said Summary. Location: East of Antlers Ridge and Meade Lane, west of Franlo Road. (Ordinance No. 11- 92, Zoning District Change; and Resolution No. 92-121 - Authorizing Summary and Publication) F. Approve Right-of-Wav Procurement for Dell Road Page 1093 Improvements. I.C. 52-160 (Resolution No. 92-120) G. 1st Reading of Ordinance No. 17-92. amending Chapter 2, Page 1094 "Administration and General Government" H. 1st Reading of Ordinance No: 18-92. amending Chapter 7, Page 1099 "Traffic Regulations" I. 1st Reading of Ordinance No. 19-92. amending Chapter 10, Page 110110 "Construction Permits and Regulations" J. 1st Reading of Ordinance No. 20-92. amending Chapter 5, Page 1102 "Other Business Regulations and Licensing" K. Award Contract for Demolition of House at 10943 Spoon Ridge Page 1107 IV. PUBLIC HEARINGS/MEETINGS A. Order Improvements and Preparation of Plans and Specifications for Braxton Drive. I.C. 52-189 (Resolution No. 92-56) Continued from April 7, April 21, 1992, May 5, and May 19, 1992 B. Order Improvements for Leona Road. Approve Plans and Page 1108 Specifications. and Authorize Advertisement for Bids. I.C. 52- 212 (Resolution No. 92-117) C. EDEN CREEK by J.M.S.Development Corporation. Request for Page 1109 Zoning District Change on 6.6 acres from Rural to R1-13.5 and Preliminary Platting on 6.6 acres into 11 single family lots, one da outlot and road right-of-way. Location 6615-6625 Eden Prairie Road. (Ordinance No. 21-92 Zoning District Change from Rural to R1-13.5; Resolution No. 92-110 - Preliminary Plat) City Council Agenda June 2, 1992 Page Three In Lake lbston4tomes Page 1129 _ Partnership. Request for Comprehensi ' Plan aiange from - Public Open Space to Medium Density Res' acres, Zoning District Change from Rural to RM-6.5 on 8.7 acres, Plan Review on 8.7 acres, and Preliminary Plat of 13 acres into 41 lots and one outlot for construction of 40 townhouse units to be known at Eden I ake Townhomes. Location: South of Medcom Boulevard, east of the Eden Prairie Medical Building. (Resolution No. 92-112 - Comprehensive Guide Plan Change; Ordinance No. 22-92 - Zoning District Change from Rural to RM-6.5; and Resolution No. 92-111 - Preliminary Plat) V. PAYMENT OF CLAIMS Page 1163 VI. ORDINANCES AND RESOLUTIONS A. Resolution No. 92-125. Opposing Expansion of Flying Cloud Page 1175 Airport B. STARKEY LABS ADDITION by Starkey Laboratories, Inc. 2nd - Page 1177 Reading of Ordinance No. 10-92-PUD-3-92, Planned Unit Development District Review within the I-2 and I-5 Zoning Districts with waivers on 20 acres, Approval of Developer's • Agreement for Starkey Laboratories, Inc.; Adoption of Resolution' No. 92-122, Authorizing Summary of Ordinance No. 10-92-PUD- 3-92, and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-123, Site Plan Review on 20 acres. Location: Northwest corner of Washington Avenue and Hamilton Road. (Ordinance No. 10-92-PUD-3-92 PUD.District Review within the 1-2 and 1-5 Zoning Districts with Waivers; Resolution No. 92-122-Authorizing Summary and Publication;and Resolution No. 92-123 Site Plan Review) C. Final Plat Approval of Starkey Labs (located north of Hamilton Page 1181 Road and west of Washington Avenue) Resolution No. 92-113 D. Ordinance No. 23-92. Rental Housing Code Page 1183 VII. PETITIONS. REQUESTS AND COMMUNICATIONS • A. Request from Strathv's regarding Conservancy Easement Page 1192 VIII. REPORTS OF ADVISORY BOARDS., COMMISSIONS & COMMITTEES • A. Report from the Employee Communication & Recognition • Page 1198 Committee City Council Agenda June 2, 1992 41, - IX. APPOINTIVIENT X. REPORTS OF OFFICERS A Reports of Councilmembers 1. City Manager's Mid-Year Review Page 1199 B. Report of City Manager 1. Council/Staff Workshop Scheduled for June 9, 1992 C. Report of Director of Parks. Recreation & Natural Resource 1. ,Smetana Lake Outlet Improvement Engineering Report Page 1200 D. Report of Director of Planning E. Report of Director of Public Works 1. Award Contract for Dell Road Improvements. I.C. 52 Ak - 1 (Resolution No. 92-118) IF 2. T1F Project List Report 3. 1-494 DEIS. I.C. 52-100 (Resolution No. 92-119) Page 1211 4. Award Contract for Traffic Signals for Singletree Prairie Center Drive. LC. 52-245 (Resolution No. 92- 124) F. Report of City Attorney G. Report of Finance Director XI. OTHER BUSINESS XII. ADJOURNMENT MINUTES EDEN PRAIRIE CITY COUNCIL TUFSDAY, MAY 19, 1992 8:00 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 Mayor Tenpas called the meeting to order at 8:05 P.M. All members were present. SECEIVE SAFETY AWARD OF HONOR FROM THE MINNESOTA SAFETY COUNCIL Jullie reported that the City had received the safety award for exceptional accident prevention performance in 1991. The value of this work was seen in refunds in insurance premiums - $70 700 from the League of � g Minnesota Cities Insurance Trust and $90,000 from workmens' compensation insurance. He congratulated the Safety Coordinator and Safety Committee for their work. Mayor Tenpas thanked the staff on behalf of Council. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.1. Benches at Round Lake Park and at the intersection of CSAH #4 and TH #t5. Jullie added Item X.B.3.. Report on Meeting with US EPA Officials in Chicago. Pauly added Item X.F.1., Award of Bid for the Ice Rink. (Item X.B.4.. Authorizing Contract with the Sterling Group for Land Acquisition Needs in the TIF Process, was added later in the agenda.) MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. II. MINUTES A. City Council/Staff Workshop held April 27. 1992 fa MOTION: Jessen moved, seconded by Pidcock, to approve the meeting notes of Council/Staff Workshop of April 27, 1992, as submitted. Motion carried unanimously. City Council Minutes - 2 - May 19, 1992 B. Special City Council Meeting held Monday. May 4. 1992 MOTION: Jessen moved, seconded by Pidcock, to approve the minutes of the Special Ci Council meeting of Monday, May 4, 1992, as submitted. Motion carried on a vote of 4 - 0 111 1 (Harris abstained) C. Regular City Council Meeting held Tuesday. May 5. 1992 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the Council meeting of May 5, 1992, with the following amendment: Page 6, paragraph 2, third sentence, delete the words "Councilmembers discussed" and add, "Pidcock gave examples of. . ." Motion carried on a vote of 4 - 0 - 1 (Jessen abstained) III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 13-92. Amending Chanter 4._ Liquor. Beer, and Wine Regulations. and Resolution No. 92-100. Approving Summary for Publication C. 2nd Reading of Ordinance No. 12-92 relating to the Uniform FireCode and Regulation of Use on Mitchell Lake and Red Rock Lake,and Resolution No. 92-99. Approving Summary for Publication D. LORENCE 3RD ADDITION by Peter Knaeble. Denial of request for Zoning District Chan from Rural to R1-13.5 on 0.07 acres; and Preliminary Plat of 0.87 acres into two single famil lots and one outlot to be known as Lorence 3rd Addition. Location: southeast corner of Valley View Road and Hames Way. (Resolution No. 92-88) E. Approve Plans and Specifications for Traffic Signals at Prairie Center Drive and Singletree Lane, I.C. 52-245 (Resolution No. 92-101) F. Authorize Permit Application for Connection to MWCC Facilities (Resolution No. 92-102) G. Approval of Amendments to Fire Fighters Relief Association Bylaws H. Receive March General Fund Budget Status Report I. Award Contract for 1992 City Street Seal Coating. I.C. 52-105 (Resolution No. 92-105) J. Award Contract for Engine Analyzer (Resolution No. 92-106) K. Approve Plans and Specifications for Valley View Sidewalks.I.C. 52-242; Street and Utility Improvements for Creek Knolls. I.C. 52-194; and Street and Utility Improvements for Bluffs East 12th Addition. I.C. 52-256 (Resolution No. 92-107) L. Approval of Revised Contract with COMSIS for I-494 TDM Program /Nu City Council Minutes - 3 - May 19, 1992 M. Resolution No. 92-104. Authorizing the Disposal of Tax Forfeited Land N. Resolution No. 92-108, Setting Sale of$1.900.000 State Aid Road Bonds: and Resolution No. 92-109. Setting the Sale of$1.100.000 Park Bonds With respect to Item H., Pidcock stated that the work did not appear to have been completed at Red Rock Lake as a part of the trail was still blocked by construction dirt and debris. Staff was directed to check into clean up of the area. MOTION: Harris moved, seconded by Anderson, to approve items A - N on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS/MEETINGS A. Residents Concerns Regarding Proposed Group Homes Sites Jullie reviewed the response he had received from his letter sent to Mr. James Stoebner, Assistant Commissioner of the State of Minnesota Human Services Department, regarding the placement of two group homes in Eden Prairie. Councilmembers discussed the two group homes in great detail. Following is a summary of their comments: Harris -Understood concerns of neighbors, but believed that differently-abled individuals made good neighbors and that the positive results from placement of individuals in group homes in neighborhoods far exceeded the fears and concerns of the existing neighborhood about negative • impact; regarding housing values, had researched and found that cities, including affluent cities nation-wide, had experienced no loss in property values; believed in fair placement and equal sharing of placement of group homes by all communities. Anderson - Was in favor of Fraser Home, the Welcome Home, and the Pride Institute; believed it was part of Eden Prairie's responsibility to share in these activities with other communities; was also concerned about the safety and welfare of the residents; believed the City must be able to guarantee that people will be safe from danger in their neighborhoods. Jessen - Agreed with Harris and that ethically and morally Eden Prairie had a responsibility to care for physically and mentally handicapped; believed there must be sufficient security to be sure nothing detrimental to the community would occur. Pidcock - Agreed with Harris with respect to the importance of integrating group homes into residential neighborhoods and the positive experiences of integrating group homes in neighborhoods; pointed out that no resident had control over his/her neighbors' activities, stating as an example that there had been a drug house in her neighborhood unbeknownst to her until arrests were made; noted that the existing group homes had proven to be good neighbors in Eden Prairie. Tenpas -Was concerned with the process used to place group homes as it appeared the local unit of government had been left out; welcomed these facilities for mentally and physically • handicapped in Eden Prairie and believed in the ongoing responsibility to integrate handicapped people in the community; suggested that a different location would be better in a transitional City Council Minutes - 4 - May 19, 1992 area; was concerned about the change over of homes of this type to a home which would house residents who might endanger the existing neighborhood; said if the City cannot absolutely assure the safety of the neighborhoods, then he would be against the group homes. • Dan Russ. 16717 Cambourne Place. Thomas Warner. 18765 Parkview Circle. Rob Haberkorn of Whittington Walk. Kristen Joseph. 16784 Whittinzton Walk. Tom Tupper. 7178 Ticonderoga Trail. and others who were not identified spoke against the group homes in their neighborhoods. Their concerns were as follows: potential decrease in property values over the short- and long- term; suitability of the Chatham Woods neighborhood to a group home in that the lot would be next to a four-lane highway (CSAH#62); amount of parking available on the lot for employees; lack of sidewalks for wheelchair bound residents; the locations were not convenient to a park or bus line; should be in transitional area, not in a $250,000 neighborhood to draw attention to the group home; the possibility that a group home which was set up for physically or mentally handicapped individuals and could become a half-way house for people who had been convicted of crimes of violence. Mr. James Stoebner, Assistant Commissioner of the State Department of Human Services was present to discuss the position of the State of Minnesota with respect to the group homes in Eden Prairie. He explained the process and the intentions of the Department. Tenpas asked Mr. Stoebner why the history of group home residents could not be made known to the public. Stoebner responded that state law prohibited it for protection of the rights and privacy of individuals placed in the homes. He added that this would not be a violent population and that the State carefully screened persons considered for placement in group homes. Stoebner stated that it would take an amendment of state statutes before any change in thetypal of group home residents would be allowed. Tenpas asked Stoebner if it would be possible for the City to work with the Department of Human Services Staff to review alternate sites and reiterated frustration at the inability of the City to participate in the process of site selection. Stoebner agreed to work with the City. Members of the audience asked if they would be notified of the results of any meeting with the Department of Human Services. Tenpas stated that the residents would be notified of the outcome of any meeting. Judy Schuck, representing the Human Rights and Services Commission, reported that the Commission had gone on record supporting the issuance of building permits for the two group homes and encouraging the Council to provide leadership to make this a successful venture for all involved. Schuck stated that, as in individual, she wanted to speak in favor of the group homes since few people did at the last two informational meetings. She said she had worked with people with mental and physical handicaps for 25 years and had every reason to believe the projects would be well-run and well-staffed and that the fears of the existing residents would soon dissolve. Schuck expressed concern that the exclusion of group homes from the City would be sending the wrong message to the children in the community. B. Order Improvements and Preparation of Plans and Specifications for Braxton Drive. I.C. 52-189 (Resolution No. 92-56) Continued from April 7, April 21, 1992, and May 5, 1992 11) `` / o City Council Minutes - 5 - May 19, 1992 This item has been continued several times as property owners in the southerly part of the project area continue efforts to market their land. The northerly portion of the project could still • be done this summer, even if the project were approved by the Council in June. MOTION: Harris moved, seconded by Pidcock, to continue this hearing to the June 2, 1992, meeting. Motion carried unanimously. C. 1992 Amendment of Development Program for Development District 1 and 1992 Amendment of Tax Increment Financing Plans for Tax Increment Districts Nos. 1. 2. 3. 4, 5, 6. and 7 (Resolution No. 92-46B) Continued from April 21 and March 17, 1992 Staff reviewed the projects proposed to be eligible for tax increment funding in the development district. Dietz explained that approximately $5.7 million would be available after several projects, to which the City was already committed, were completed. He further explained that approximately 14 - 15 of the items could be completed with the funds. Dietz asked for any prioritization by Councilmembers for the remaining projects. Jessen suggested preservation of more land for economic development. Pidcock concurred. Jessen also recommended that item 8 be dropped in priority for 10 and 11 and 14. Harris said she was not willing priority. to move item 8 in riori . Tenpas remarked that circumstances could, and likely would, change many times before final decisions on expenditures. He agreed it would be prudent to put money into land banking, adding that he was comfortable with the list of projects for now. • There were no further comments from members of the audience. MOTION: Pidcock moved, seconded by Harris, to: 1) Close the Public Hearing; and 2) Adopt Resolution No. 92-46B as proposed. Motion carried 4-1-0 Jessen against. D. G E CAPITAL PROPOSED RECREATION FACILITY by G.E. Capital Fleet Services, Inc. Request for Zoning District Amendment within the Office Zoning District on 19.2 acres with a Shoreland setback variance to be reviewed by the Board of Adjustments and Appeals and Site Plan Review on 19.2 acres for a recreation facility. Location: North edge of North Lake of Anderson Lakes. (Ordinance No. 14-92 - Zoning District Amendment) Ms. Judy Brinkhaus, representing G E Capital, reviewed the proposal to construct outdoor recreation facilities to the southeast of the existing building. The plan included one tennis court, six golf practice drive cages, and a basketball backstop and net on 0.25 acre. The property in question was sensitive as it was part of a meadow that provided a wildlife habitat. • Enger reported that the Planning Commission recommended approval unanimously at its April 27th meeting. At its May 11th meeting, the Commission reviewed a revised plan with less 10/ n City Council Minutes - 6 - May 19, 1992 impact on the natural area and again recommended unanimous approval of the revised plan. Lambert said the Parks, Recreation & Natural Resources Commission recommended approval at its May 18th meeting, including a requirement for conservation easement along newly align trail. There were no comments from members of the audience. MOTION: Pidcock moved, seconded by Anderson, to: 1) Close the Public Hearing; 2) Approve 1st Reading of Ordinance No. 14-92 for Zoning District Amendment; and 3) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. E. EDEN PRAIRIE FORD PARKING EXPANSION by Denwal Management. Request for Zoning District Change from Rural to C-Reg-Ser on 1.5 acres with variances to be reviewed by the Board of Adjustments &Appeals and Site Plan Review on 1.5 acres. Location: Plaza Drive east of Prairieview Center (Ordinance No. 15-92 - Zoning District Change from Rural to C- Reg-Ser) Don Brauer, representing the proponent, presented the proposed amendment to the approv 110 development plan. The proposed parking lot expansion was toward the east of the site currently under construction and would enlarge the overall site by 1.5 acres. Brauer said the proponents were also asking for approval of grading prior to second reading. Enger reported that the item was recommended for approval by the Planning Commission at its April 27th meeting. There were no further comments from the audience. MOTION: Harris moved, seconded by Jessen, to: 1) Close the Public Hearing; 2) Approve 1st Reading of Ordinance No. 15-92 for Zoning District Change; 3) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations; and 4) Allow for grading on the property prior to second reading with the understanding that the proponent was proceeding with grading at its own risk. Motion carried unanimously. • i(l17 City Council Minutes - 7 - May 19, 1992 F. THOMAS REZONING by Russ Thomas. Request for Zoning District Change from RM-6.5 to R1-13.5 on 0.41 acres. Location: 8600 Grier Lane. (Ordinance No. 16-92- Zoning District • Change from RM-6.5 to R1-13.5) Enger reported that the Planning Commission reviewed this request at its April 27th meeting and recommended approval of the project. There were no further comments from the audience. MOTION: Harris moved, seconded by Jessen, to: 1) Close the Public Hearing; and 2) Approve 1st Reading of Ordinance No. 16-92 for Rezoning. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Harris moved, seconded by Anderson, to approve the Payment of Claims as submitted. Motion carried, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "Aye." VI. ORDINANCES AND RESOLUTIONS A. THOMAS REZONING by Russ Thomas. 2nd Reading of Ordinance No. 16-92, Zoning District Change from RM-6.5 to R1-13.5 on 0.41 acres; Approval of Resolution No. 92-95, Authorizing Summary of Ordinance No. 16-92, and Ordering Publication of Said Summary. (Ordinance No. 16-92 - Rezoning; Resolution No. 92-95 - Authorizing Summary and Publication) MOTION: Harris moved, seconded by Jessen, to: 1) Approve the 2nd Reading in order to Adopt Ordinance No. 16-92; and 2) Adopt Resolution No. 92-95, Authorizing the Summary of the Ordinance for Publication. Motion carried unanimously. (Tenpas left at 10:45.) VII. PETITIONS, REOUESTS AND COMMUNICATIONS A. Legislative Update by Senator Roy Terwilliger Senator Roy Terwilliger had requested an opportunity to speak with the Council about issues at • the Legislature. ir'r1 l`/1 City Council Minutes - 8 - May 19, 1992 He offered assistance with the group home issue discussed at this meeting, and updated the Council on various matters related to budgeting for local governments. He asked for comments and suggestions from Councilmembers. 111 Pidcock asked if it would be possible to initiate an audit on the RTB. Harris concurred, stating that the main problem seemed to be the overlapping lines of authority. Senator Terwilliger said that, while he was not on the appropriate committee to do so, he would forward the recommendation to that committee and report back to the Council. Jullie presented Senator Terwilliger with a Certificate of Appreciation from the City for his activities in developing Eden Prairie's crime prevention fund. B. Request from Zero Expansion at Flying Cloud Field Group (Steve Yerkes/Scott Mace) Steve Yerkes, 16575 Hilltop Road, President of the Zero Expansion at Flying Cloud Field Group, requested the Council take a stronger position in opposition to the proposed expansion at Flying Cloud Airport and offered a resolution to that effect for Council consideration. Council directed staff to review the resolution prepared by the Zero Expansion Group and to prepare a resolution in the proper format for consideration at the June 2nd meeting. VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES A. Human Rights & Services Commission - City's Statement of Principles At the May 5th meeting, Councilmembers requested that the Human Rights & Service. Commission take part in the preparation of a Statement of Principles with respect to the performance of services and duties by the City. On May 11th, the Commission met and recommended that the Council endorse the Statement of Principles. Harris commended the Commission for tackling the difficult job of preparing this value statement on behalf of the City. Other Councilmembers concurred that the statement was well- prepared and met the intentions of the Council. MOTION: Harris moved, seconded by Jessen, to endorse the Statement of Principles with respect to performance of City services and duties. Motion carried unanimously. IX. APPOINTMENTS A. Recommendation of two Eden Prairie residents for appointment to the Riley-Purgatory- Bluff Creek Watershed District - A three-year term commencing August 1. 1992. and a current vacancy to July 30, 1993 In order to meet the procedures established by Hennepin County, the Council was required to make recommendations regarding filling the vacancies on this watershed district within certain time frames - immediately for the vacant position, and within 60 days of the beginning the to expiring July 30, 1992. City Council Minutes - 9 - May 19, 1992 MOTION: Jessen moved, seconded by Pidcock, to recommend the following Eden Prairie residents for the vacant seats on the Riley-Purgatory-Bluff Creek Watershed District: Jim Cullen • for the term expiring July 30, 1993, and Perry Forster for the three-year term commencing August 1, 1992. Motion carried unanimously. X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Park Benches at Round Lake Park and the Intersection of CSAH #4 and TH #5 Pidcock said that the seniors in the area had requested that park benches be installed at Round Lake and at the intersection of CSAH#4 and TH #5, near the shopping center on the west side of CSAH #4. Staff was directed to follow up on installing the benches in these to locations. MOTION: Jessen moved, seconded by Pidcock, to extend the meeting to 11:15 p.m. Motion carried unanimously. II B. Report of City Manager 1. Guidelines for Appointing Board/Commission members (Continued from April 7 and April 21, 1992) As requested, Staff had surveyed other cities regarding their procedures for appointments to advisory boards and commissions. Some general guidelines and qualifications were identified for Council review. Jessen said this information should be reviewed again at the time of appointments, and believed a standardized form would be helpful. Other Councilmembers concurred. Staff was directed to prepare a standardized application for use at the time of appointments. 2. Selection of Telecommunications Consultant Three firms were interviewed for provision of independent telecommunications consulting services involved in a new system for new City offices. The firm recommended was Elert and Associates. MOTION: Jessen moved, seconded by Harris, to award the contract for consulting services for telecommunication services to Elert and Associates per its May 8, 1992 proposal. Motion carried unanimously. • 3. Report on Appeal to US EPA Regarding Fill Along Prairie Center Drive City Council Minutes - 10 - May 19, 1992 Jullie reported that on the City-owned property, the City would be allowed to proceed with plans to excavate soil out of ponding areas and deposit the materials on another portion of the site. There were two parts of the process remaining which would requilli further permitting. The EPA recommended that the City proceed with the permW applications, but cautioned that it still retained the right to levy fines. It was suggested that the City move quickly to show Eden Prairie's good intentions to comply with the regulations. MOTION: Pidcock moved, seconded by Jessen, to retain the services of Linda Fisher to obtain the necessary permits from the US EPA for the Purgatory Creek Recreatin Area project. Motion carried unanimously. Regarding the Welter property, the US EPA requested more maps showing wetland limits, and suggested that any fill deposited after 1989 would be required to be removed and placed on another part of the property. The City was awaiting a final ruling from the EPA on this item. 4. Retaining the Sterling Group for Acquisition Needs in the TIF Project Jullie stated that there was some urgency with respect to purchasing of parcels in the downtown area for improvements included in the TIF projects discussed earlier. He stated that the City may need the assistance of an outside consultant for such purchases and proposed the Sterling Group, based on the City's recent experiences with them. MOTION: Jessen moved, seconded by Harris, that the Council authorize hiring Sterling Group as a consultant for purposes of acquisition of lands in the downtown arti. as related to the TIF projects discussed this evening. Motion carried unanimously. C. Report of Director of Parks. Recreation & Natural Resource 1. Award Bid on 2nd Ice Rink at Community Center Bids for the project were opened on May 14th. Based on the bids, it appeared that funds would also be available to construct the improvements to the entry of the building. MOTION: Harris moved, seconded by Jessen, to award the bid for the Community Center Improvements, including the entry modifications, to Shingobee Builders. Motion carried unanimously. D. Report of Director of Planning 1. Bluff Committee Staff reported that there was a vacancy on the Bluff Committee. Mr. Brett Hope had requested that he be considered to fill the vacancy. Also, it had been recommended that one more member be added to provide for an uneven number of members to avoid tie votes. Councilmembers expressed concern at the lack of progress by the Committe. ,7n 1t'LJ City Council Minutes - 11 - May 19, 1992 Councilmember Anderson, one of the Committee members, stated he would report the concerns to the Committee. • MOTION: Jessen moved, seconded by Harris, to appoint Brett Hope and Richard Feerick to the Bluff Committee. Motion carried unanimously. E. Report of Director of Public Works 1. Award Contract for Dell Road between TH 5 and Twilight Trail, I.C. 52-126 (Resolution No. 92-103) Bids for this project were opened on May 14th. A tabulation of bids and recommendation for award of contract was reviewed by the Council. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No. 92-103 to award I.C. 52-126. Motion carried unanimously. F. Report of City Attorney XI. OTHER BUSINESS XII. ADJOURNMENT MOTION TO ADJOURN was made by Jessen, seconded by Pidcock. The meeting was adjourned io at 11:35 p.m. S 4111 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 2, 1992 CONTRACTOR (MULTI-FAMILY & COMM. ) GAS FITTER Alcar Builders E.L.K. Mechanical , Inc. John A. Dalsin and Son, , Inc. Market Mechanical , Inc. G. M. Northrup Construction Wm. F. Ridler Plumbing & Heating Peacock Construction Stahl Construction HEATING & VENTILATING PLUMBING E.L.K. Mechanical , Inc. Market Mechanical , Inc. Bjorlin Plumbing & Heating Rainville Carlson , Inc. City View Plumbing & Heating Wm. F. Ridler Plumbing & Heating Franke Plumbing Ries Heating & Sheet Metal LBP Mechanical , Inc. Wm. F. Ridler Plumbing & Heating John L. Ries UTILITY INSTALLER Rite-Way Plumbing, Inc. Ron-Son Construction Bjorlin Plumbing & Heating Ron-Son Construction These licenses have been approved by the department heads responsible for the licensed activity. 6)1J- .1Q-4 Pat Solie Licensing 4111 io�(4 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-114 A RESOLUTION APPROVING FINAL PLAT OF WINDFIELD 2ND ADDITION WHEREAS, the plat of Windfield 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Windfield 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 28, 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 June 2, 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: May 28, 1992 SUBJECT: Windfield 2nd Addition (Resolution No. 92-114) PROPOSAL: The Pemtom Company has requested City Council approval of the final plat of Windfield 2nd Addition. Located at the southwest quadrant of Dell Road and Highway 5, this proposal is a replat of the southern half of Windfield 1st Addition. The plat reconfigures several lots to increase lot width to accommodate a wider variety of housing types. Sheet 3 of 3 shows the existing lot layout in the light dash line and the requested lot configurations are shown in a bold solid line. HISTORY: The preliminaryplat was approved bythe CityCouncil December 3, 1991, per PP Resolution No. 91-246. Second Reading of Ordinance No. 31-91-PUD-11-91 was finally read and approved by the City Council January 21, 1992. The Developer's Agreement referred to within this report was executed January 21, 1992. VARIANCES: A variance was granted from City Code Chapter 11, Shoreland Management Code, to permit smaller lot sizes and narrower lot widths through Variance No. 91-032. All other variance requests must be processed through the Board of Appeals and Adjustments. UTILITIES AND STREETS: All municipal utilities, streets and walkways will be installed throughout this project in conformance with the requirements of City Code and the Developer's Agreement. Prior to release of the final plat, the Developer shall complete the process of vacating all underlying drainage and utility easements and a portion of road right-of-way for Melissa Circle. : _.1t(Q Final Plat of Windfield 2nd Addition • Resolution No. 92-114 Page 2 of 2 May 28, 1992 A special assessment agreement was entered into March 2, 1992 for Windfield 1st Addition and will pertain to this Addition as well. PARK DEDICATION: The requirements for park dedication have been met through Windfield 1st Addition. RECOMMENDATION: Recommend approval of the final plat of Windfield 2nd Addition subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of engineering fee in the amount of$1,200. 2. Completion of vacating underlying drainage and utility easements and road right- of-way. JJ:ssa cc: Dan Herbst, Pemtom Company • James R. Hill & Associates • CITY OF EDEN PRAIRIE 1111 HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-115 A RESOLUTION APPROVING FINAL PLAT OF BELL OAKS SEVENTH ADDITION WHEREAS, the plat of Bell Oaks Seventh 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 Seventh Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 26, 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. 1111 C. That the Mayor and CityManager are herebyauthorized to execute the certificate Y g of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 2, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • E3 7 MEMORANDUM • TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician , i, DATE: May 26, 1992 SUBJECT: Bell Oaks Seventh Addition PROPOSAL: The Developers, Bell Oaks Company, has requested City Council approval of the final plat of Bell Oaks Seventh Addition. Located north of Riverview Road and west of Gantry Way, the plat contains 3.43 acres to be divided into six single family lots. The proposal represents the remaining property to be divided within the Bell Oaks PUD. 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 R1- 0 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: Variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways, and walkways have been installed throughout this project and are available to serve these additional lots. PARK DEDICATION: The requirements for park dedication are referred to within the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Bell Oaks Seventh Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee in the amount of$250.00. JJ:ssa cc: Bell Oaks Company Orr-Schelen Mayerson & Assoc. • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-116 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 52-233 - Traffic Signals at T.H.169/212 and Leona Road/Eden Road and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., June 16, 1992, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, June 16, 1992, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 2, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL 1111 John D. Frane, Clerk J3 Bluffs East 12th Addition • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended •ccordinglY. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 2, 1992, entered into between Hustad Development Corporation, a Corporation, and the City of Eden Prairie. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of May, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 2nd day of June, 1992. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of I `z. Bluffs East 12th Addition CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-121 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO.11-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY •WHEREAS, Ordinance No. 11-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of May, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 11-92, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person durin regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be poste in the City Hall. D. That Ordinance No. 11-92 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on June 2, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • '°)A Bluffs East 12th Addition • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located on Meade Lane between Antlers Ridge and Franlo Road from the Rural District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 199_. (A full copy of the text of this Ordinance is available from City Clerk.) • EXHIBIT A • Legal Description Outlot C, BLUFFS EAST 5TH ADDITION, Hennepin County, Minnesota. • • •� 1 t,, • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-120 RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS WHEREAS, the City Council has directed the improvement of Dell Road between Cascade Drive and West 82nd Street/ WHEREAS, additional easement is required for the proposed improvement. NOW, THEREFORE, BE IT RESOLVED that the City Engineer is authorized to acquire, by negotiation or condemnation, additional permanent and temporary easements required for the construction of Dell Road Improvements over P.I.D.#18-116-22-13-0002, Hennepin County, Minnesota. • Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk • I:Ju� MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Craig W. Dawson, Assistant to the City Manager ( ' ,6 SUBJECT: Recodification Ordinances, Items III. G-J DATE: May 29, 1992 Four ordinances appear as items III. G-J on the Consent agenda. These ordinances incorporate changes to the Ordinance Code which have occurred since codification in the early 1980s. As was the case with ordinances presented for recodification a few meetings ago, no provisions are included which the Council has not already adopted. The draft ordinances update the Code Book and bring the City into compliance with changes that have been made in State statutes. Attached is a page which summarizes the revisions that appear in the draft ordinances. • RECOMMENDATION: Staff recommends that Council approve the first reading of Ordinances Nos. 17-92 through 20-92, inclusive. Summaries for publication of the ordinances will be prepared for Council review in conjunction with their second readings. CWD:jdp /00,u Ordinance No. 17-92 amends Chapter 2 "Administration and General Government" Section 2.13 - Board of Building Appeals renamed to Building Code Board of Appeals. Subd. 1 outlines the S responsibilities of the board while Subd. 2 "Duties" is divided between Building Code and Fire Code. Section 2.30 - City Departments. Responsibilities of departments updated; Police and Fire Departments divided into two entities; Human Resources and Community Service Department added. Section 2.85, Subd. 1 -Partial prepayment of Assessments Permitted. Statement regarding interest accrued added. Ordinance No. 18-92 amends Chapter 7 "Traffic Regulations" Section 7.06 - Snowmobiles. Subd. 9 "Operation of Snowmobiles While Under the Influence of Alcohol or a Controlled Substance" is added. Ordinance No. 19-92 amends Chapter 10 "Construction Permits and Regulations" Section 10.01 - Minnesota State Building Code Adopted - and Subd. 1. - Current Edition. Updated to reflect current MN State Building Code. Ordinance No. 20-92 amends Chapter 5 "Other Business Regulations and Licensing" Section 5.12 - Exception. Added to allow exception to Chapter 5. Section 5.33 - Building Contractor. Subd. 1, A. is repealed to reflect State licensing of one- or two-family411/ contractors. Section 5.38 - Food Establishments and Food Handling. Condensed to exclude those functions performed by Hennepin County. Section 5.41 - Gasfitters. Updating licensing requirements. Section 5.71 - Fees Imposed Upon Operators of Facilities for Mixed Municipal Solid Waste - Repealed. 11/ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT," BY AMENDING SECTION 2.13 RELATING TO BUILDING CODE BOARD OF APPEALS; SECTION 2.30 RELATING TO CITY DEPARTMENTS; SECTION 2.85. SUBD. 1. RELATING TO PARTIAL PREPAYMENT OF SPECIAL ASSESSMENTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.13 is amended to read as follows: "SECTION 2.13. BUILDING CODE BOARD OF APPEALS. Subd. 1. Establishment and Composition. A Building Code Board of Appeals,composed of five(5) members, is hereby established to hear and decide appeals of orders, decisions or determinations made by the building official 41110 relative to the application and interpretation of the State Building Code as adopted by the City. Board members shall serve staggered three (3) year terms. Subd. 2. Duties. A. Building Code. The Board shall conduct investigations and inquiry into matters brought before it, shall render all decisions and findings in writing to the appellant with a duplicate copy to the City building official and to the State building inspector within fifteen (15) days of the decision, and may recommend to the Council such new legislation as is consistent therewith. B. Fire Code. The Board shall conduct investigations and inquiry into matters brought before it, shall render all decisions and findings in writing to the appellant with a duplicate copy to the Fire Marshal within fifteen (15) days of the decision, and may recommend to the council such new legislation as may be consistent therewith. The Council may elect to review and amend any decision of the Board within twenty-one(21) days following the Board's decision." Section 2. City Code Section 2.30 is amended to read as follows: "SECTION 2.30. CITY DEPARTMENTS. Subd. 1. City Manager. The City Manager shall be appointed by the Council and shall serve at the Council's pleasure. The Manager shall be the chief administrative officer of the City and all departments of the City shall be under the overall control of the City Manager. The City Manager shall have the following general duties and responsibilities: A. Plan the organization of City staff and assign appropriate responsibility and authority for the efficient and effective delivery of City services. B. Prepare and administer the annual City budget;develop compensation plans and personnel policies for City staff consistent with good management practices. • C. Prepare Council agendas and information for Council meetings with appropriate staff research and recommendations. D. Communicate effectively with council members, City staff, news media, other governmental agencies, and the public. Subd. 2. Police Department. A Police Department is hereby established. The head of this Department is the Chief of Police who shall have overall responsibility for the Department. All matters of law enforcement and civil defense shall be under the jurisdiction of this Department. Subd. 3. Fire Department. Head of this Department is the Fire Chief who shall have overall responsibility for the Department. The Department's jurisdiction shall include firefighting, fire protection, and fire prevention. Subd. 4. Public Works Department. A Public Works Department is hereby established. The Director of Public Works is the Head of this Department. All matters relating to engineering, streets, water and sewers are under the jurisdiction of this Department. Subd. 5. Planning Department. A Planning Department is hereby established. The Head of this Department is the Director of Planning. It is the duty of the Planning Director to work with the Planning Commission and cooperate with the Inspections,Safety and Facilities Department in all matters of zoning and planning for the orderly development of the City. Subd. 6. Parks, Recreation and Natural Resources Department. A Parks, Recreation and Natural Resources Department is hereby established. The Head of this Department is the Director of Parks, Recreation and Natural • Resources. All parks, recreation, Community Center, senior citizen,historical and cultural activities,diseased tree program, and municipal cemetery shall be under the jurisdiction of this Department. Subd. 7. Inspections, Safety and Facilities Department. An Inspections, Safety and Facilities Department is hereby established. The Head of this Department shall be the Director of Inspections,Safety and Facilities(referred to in the State Building Code as the "Building Official"). It shall be the duty and power of this Department's Director to carry out the provisions of the State Building Code and the provisions of the City Code relating to construction. It is also the duty of personnel in this Department to cooperate with the Planning Department in administering zoning provisions of the City Code. Subd. 8. Legal Services. The City Manager, with the consent of the Council, shall appoint a City Attorney, who shall serve at the pleasure of the Council. The City Attorney shall perform such duties as are required by law or referred by the Council. It shall be the official duty of the City Attorney to act as "Revisor of Ordinances." Subd. 9. Assessing Department. An Assessing Department is hereby established. The Head of this Department is the City Assessor. All matters of levies and assessments shall be under the jurisdiction of this Department. Subd. 10. Finance Department. A Finance Department is hereby established. The Head of this Department is the Finance Director. The offices of the Finance Director and City Clerk-Treasurer are hereby combined. All City finances shall be under the jurisdiction of this Department. Subd. 11. City Clerk-Treasurer. The offices of City Clerk and City Treasurer should be, and are hereby, combined in the office of the City Clerk-Treasurer. The duties of the City Clerk-Treasurer may be further combined with those of another officer of the City. • IL () Subd. 12. Human Resources and Community Services Department. A Human Resources and Community Services Department is hereby established. The head of this department is the Director of Human Resources and Community Services. All matters relating to personnel, compensation, employee benefits, labor relations, human services, duplication services, and community information shall be under the jurisdiction of this department." Section 3. City Code Section 2.85, Subd. 1 is amended to read as follows: Subd. 1. Partial Prepayment of Assessments Permitted. After the adoption of an assessment roll pursuant to Minnesota Statutes, 1990, Chapter 429, and before certification of said assessment roll to the County Auditor, the City Clerk-Treasurer, or other authorized official, is authorized and directed to accept partial prepayment of said assessment and reduce the amount certified to the County Auditor accordingly. Interest shall accrue upon to the date of payment of, and paid with, the partial payment except no interest shall be accrued and charged against any amount of a partial payment made within thirty(30)days from the adoption of an assessment. As provided by law, such partial prepayment may be accepted until November 30 of the year of the approval of the assessment roll." Section 4. City Code Chapter 1, . entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on 19_, and finally read and adopted and ordered published at a regular 110 meeting of the City Council of said City on the day of , 19_. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the day of • 410 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 7 ENTITLED "TRAFFIC REGULATIONS," SECTION 7.06, BY ADDING A NEW SUBD. 9, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 7.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 7.06 is amended by adding a new Subd. 9 to read as follows: "Subd. 9. Operation of Snowmobiles While Under the Influence of Alcohol or a Controlled Substance. It is unlawful for any person to operate or to be in physical control of any snowmobile in the City while under the influence of alcohol or a controlled substance or under the influence of a combination of alcohol and a controlled substance. The definitional and regulatory provisions of Minnesota Statutes, 1990, Sections 84.91 and 84.911 are Su ry hereby incorporated herein and adopted by reference, including the penalty provisions thereof." Section 2. City Code Chapter 1, entitled "General Provisions and Definitions 4110 Applicable to the Entire City Code Including Penalty for Violation" and Section 7.99, entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on , 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 ATTEST: John D. Frane, City Clerk • PUBLISHED in the Eden Prairie News on the day of Ida • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 10 ENTITLED "CONSTRUCTION PERMITS AND REGULATIONS" SECTION 10.01, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 10.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 10.01 through Subd. 1 is amended to read as follows: "SECTION 10.01. MINNESOTA STATE BUILDING CODE ADOPTED. The Minnesota State Building Code (hereinafter "State Building Code" or "SBC") has been adopted by Minnesota Statutes, 1990, Sections 16B.59 through 16B.73 as a uniform building code applicable throughout the State. Such Code is hereby confirmed as the Building Code of the City and is hereby adopted and incorporated by reference as if fully set out herein. One copy of said Code shall be marked CITY OF EDEN PRAIRIE-OFFICIAL COPY and kept on file and available for public examination in the office of the Department of Inspections, Safety and Facilities • Subd. 1. Current Edition. The State Building Code adopted herein shall mean the 1990 Edition of the State Building Code as amended by proposed rules published in the State Register dated January 2, 1990, and adopted in the State Register dated July 16, 1990, and all Codes, Appendices, Standards and Supplemental Materials as follows: A. The Cityand the State Building Code herebyadopt byreference the followingCodes and Standards as if P fully set out herein: 1. 1988 Edition of the Uniform Building Code 2. 1990 Edition of the National Electric Code 3. 1987 American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, identified as ANSI A17.1-1987 and supplement ANSI A17.1a-1986 4. 1990 Minnesota Plumbing Code 5. "Flood Proofing Regulations," June, 1972, Office of the Chief Engineers, U. S. Army, Chapter 1335 of State Building Code 6. Minnesota Uniform Mechanical Code 7. Energy Conservation Alternatives in Construction. Adopts by reference the 1983 Edition of the Model Energy Code • 8. State of Minnesota Manufactured (Mobile) Homes Rules, 1983 Edition ILO0 B. In addition to those items listed above, the City and the State Building Code hereby adopt by reference the following Appendices, Standards and Supplemental Materials as part of the Building Code of the City as • if fully set out herein: 1. Technical Requirements for Fallout Shelters, identified as SBC Chapter 1330 2. Variations in Snow Loads, identified as S$C Chapter 1365 3. 1988 Uniform Building Code Appendix Chapter 35, Sound Transmission Control; C. The following Appendices, Standards and Supplemental Materials referenced by the State Building Code as optional requirements are hereby adopted as part of the Building Code of the City as if fully set out herein: 1. 1988 UBC Appendix Chapter 38 with optional item 8 and Chapters 55, 56 and 70 2. Flood Proofing Regulations, Section 201.2 through 208.2" Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on 411 , 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 ATTEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the day of . ko CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY ADDING SECTION 5.12 RELATING TO EXCEPTION; REPEALING SECTION 5.33 SUBD. 1.A. RELATING TO BUILDING CONTRACTORS; AMENDING SECTION 5.38 RELATING TO FOOD ESTABLISHMENTS AND FOOD HANDLING; AMENDING SECTION 5.41 RELATING TO GASFITTERS;REPEALING SECTION 5.71 RELATING TO FEES IMPOSED UPON OPERATORS OF FACILITIES FOR MIXED MUNICIPAL SOLID WASTE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section is amended by adding Section 5.12 to read as follows: "SECTION 5.12. EXCEPTION. Nothing contained in this Chapter shall require a business to obtain a license from the City where such requirement 4110 is prohibited by law." Section 2. City Code Section 5.33 Building Contractor, Subd. 1, A. is repealed. Section 3. City Code Section 5.38 is amended to read as follows: "SECTION 5.38. FOOD ESTABLISHMENTS AND FOOD HANDLING. Subd. 1. Purpose. The purpose of this Section is to regulate and control the conduct of certain food establishments as listed in Subdivision 3. Subd. 2. Definitions. For the purpose of this Section, the following words shall have the following meanings: A. "Approved" means acceptable to the City as determined by conformance with appropriate standards and good public health practice. B. "Bakery food vehicle" means any food vehicle used to transport bakery goods about the streets of the City for the purpose of sale of such goods from door-to-door. C. "Catering food vehicle" means any food vehicle used to transport any food from its point of preparation to a point where the food is served from the vehicle to the consumer or any food vehicle wherein food is prepared for sale or service to the consumer. D. "Employee" means any person who renders a personal service with or without compensation within a food establishment. • I E. "Food establishment" means any building, room, stand, enclosure, vehicle, space, area, or other place where food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, transported, • distributed, sold or offered for sale or served in any way with or without charge, except private homes. F. "Food vehicle" means any food establishment consisting of a mobile vehicle which hauls any food for the purpose of delivery or sale. G. "Grocery store" means any food establishment which deals primarily in the retail sale of food and which does not prepare such food for immediate consumption on or off the premises. H. "Home prepared food" means any food which has been processed or prepared in a private home. I. "Misbranding" means the use or absence of any written, printed or graphic matter upon or accompanying food or containers of food which violates any applicable local, State or Federal labeling identification or representation requirements. J. "Perishable food" means food such as fresh fruits and vegetables and other foods which will decompose in the absence of refrigeration. K. "Person" means any individual, firm, partnership, corporation, trustee, or association and with respect to acts prohibited or required herein, shall include employees and licensees. L. "Wholesome" means sound,healthful,clean, unadulterated,and in all ways fit for human food and human consumption. Subd. 3. License and Administration. A. It is unlawful for any person to engage in any of the following types of enterprises without a license • therefor from the City: (1) grocery stores with four or more employees, (2) grocery stores with four or less employees, (3) food establishments that deal exclusively in the retailing of prepackaged food, (4)food establishments which deal primarily in the retail of candy, or(5) food vehicles for delivery. B. Transfer and Display of License. Only a person who complies with the requirements of this Section shall be entitled to receive a license. Licenses shall not be transferable as to person or place. All licenses obtained for a food establishment shall be conspicuously displayed. C. No License Required. Persons owning or operating food establishments for which a license is not required by this Section shall nonetheless be subject to all other requirements of this Section. Subd. 4. Transport or Sale of Unhealthful Food Prohibited. A. No person shall transport within or into the City any food which is not wholesome or which is adulterated. B. It is unlawful for any person to sell or keep or offer for sale any food which is not wholesome or which is adulterated. Subd. 5. Catering Food Vehicle. A. Base of Operations. Catering food vehicles shall operate from a commissary or other fixed food service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations. • I • Subd. 6. Itinerant Food Establishments. • A. Wet Storage. Storage of packaged food in contact with water or undrained ice is prohibited. Wrapped sandwiches shall not be stored in direct contact with ice. B. Handwashing. A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of, at least, warm running water, soap, and individual paper towels. Subd. 7. Food Sources and Supplies. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. Subd. 8. Preparation and Service. A. Food Transportation. During transportation, food and food utensils shall be kept in covered containers or completely wrapped or packaged so as to be protected from contamination. Foods in original packages do not need to be overwrapped or covered if the original package has not been torn or broken. During transportation, including transportation to another location for service or catering operations, food shall meet the requirements of this Section relating to food storage. B. Storage. Packaged food shall not be stored in contact with water or undrained ice. Wrapped sandwiches shall not be stored in direct contact with ice. Subd. 9. Misrepresentation of Food. It is unlawful for the operator of any food establishment to in any way misrepresent food or beverages offered to the public. Practices which constitute misrepresentation shall include but are not limited to the sale of adulterated food; substitution of food items of lesser quality or different from food items advertised; making statements giving incorrect or deceptive points of origin; making misleading statements of size, number, weight or price; and not meeting standards of identity defined by Federal and State laws for certain foods. Subd. 10. Minnesota Clean Indoor Act. The operator of every food establishment shall make adequate provisions to meet the requirements of the Minnesota Clean Indoor Act and the Minnesota regulations pertaining thereto. Subd. 11. Industry Self-Survey and Training Responsibility. Every operator of a food establishment shall arrange for and maintain a program of sanitation self-inspection conducted by the owner, manager, sanitation • supervisor, or designated agent. Said self-inspection program shall be approved by the City. The City may require an operator to maintain in employment an owner, manager, sanitation supervisor or designated agent approved by the City who can demonstrate knowledge and proficiency in the prevention of food-borne illness and approved food sanitation practices and techniques. Such knowledge and proficiency may be demonstrated by maintaining written policies or guidelines for food preparation and equipment or utensil cleansing or such other means as approved by the City. Subd. 12. Construction - Plan Review. All persons who hereafter construct, extensively remodel or convert buildings or facilities for use as food establishments shall conform and comply in their construction, erection or alteration with the requirements of this Section. Three (3) sets of final detailed plans and specifications for such construction, remodeling or alterations which shall show layout, arrangement for plumbing and construction materials of work areas, and location, standards, size and equipment and facilities, etc., in respect to the requirements of this Section,shall be filed by the owner or his authorized representative in the office of the Building Inspector. Such plans and specifications and any changes, modifications or alterations thereof shall be reviewed and approved and so endorsed, subject to final inspection by the City. Construction shall be done in accordance with the approved plans. • I •:j Subd. 13. Revocation of License. The license of any food establishment required under this Section may be revoked upon conviction of violation of any provision of this Section. • Subd. 14. Interference With or Hinderance of Health Authority. No person shall interfere with, obstruct, or hinder any Health Authority in the performance of his duties under this Section or the laws of the State of Minnesota, nor prevent his performance thereof. Subd. 15. Temporary Suspension of License. The City with the approval of the City Manager shall immediately suspend the license of any food establishment for the violation of any terms of this Section if such violation constitutes an imminent public health hazard. Upon notification by the City of a temporary suspension of license, the licensee shall forthwith cease operation. The licensee may appeal the temporary suspension in writing to the Council. Upon notification in writing by the licensee to the City that all violations have been corrected for which temporary suspension was invoked, the City shall reinspect the food establishment within a reasonable length of time. If all violations constituting the grounds for the temporary suspension have been corrected, the City shall forthwith terminate the suspension. Subd. 15. Laws, Rules and Regulations. This Section shall be construed to be supplementary to all laws, rules and regulations of all competent authorities who have jurisdiction over the subject matter and is not intended and shall not be construed to permit that which is prohibited or declared unlawful by any such competent authority. Subd. 16. Compliance Date. All existing uses shall comply with the provisions of this Section with twelve(12) months after the effective date of this Section." Section 4. City Code Section 5.41 is amended to read: "SECTION 5.41. GASFITTER. Subd. 1. License Required. It is unlawful for any person except a person holding a gasfitter's license to install, • alter or repair any gas piping for illuminating or fuel gas or install,alter, repair or service any gas burning devices connected thereto in or for any building or structure in the City without a license therefor from the City. Subd. 2. Applications. The application for a gasfitter's license or renewal of license shall be accompanied by proof that the applicant holds either a master's certificate of competency issued by the Minneapolis Board of Examiners of Plumbers, a certificate of competency issued by the City of Eden Prairie, or a gasfitter's license issued by any of the following cities: Minneapolis, St. Paul, Bloomington, Duluth, St. Cloud, or Rochester. Subd. 3. Bond Required. Every applicant for a gasfitter's license shall file with his application a continuous bond for the benefit of the City and persons injured in the amount of$1,000.00, conditioned that the licensee, in all material and equipment by him furnished and in all work by him done and performed installing, altering or repairing gas piping or installing, altering, repairing or servicing gas burner devices or gas burner equipment will strictly conform to the provisions of the City Code relating thereto. The bond shall apply to all work to be done under the license during the period from the date of issuance to the date of expiration of the license. The bond form shall be provided by the City to the applicant. Subd. 4. Liability Insurance. The applicant for a gasfitter's license shall also furnish proof that a policy of public liability insurance has been procured with respect to work to be performed by him during the license period for death or personal injury arising therefrom to any person or persons in amounts of not less than$100,000.00 for each person and$300,000.00 for each incident and for damage to property arising from any incident in the amount of not less than $50,000.00." Section 5. City Code Section 5.71 "Fees Imposed Upon Operators of Facilities for Mixed Municipal Solid Waste" is repealed. Section 6. City Code Chapter 1, entitled "General Provisions and Definitions • Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on , 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 ATTEST: John D. Frane, City Clerk • PUBLISHED in the Eden Prairie News on the day of • MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Kevin Schmieg, Director of Inspections, Safety and Facilities DATE: May 28, 1992 SUBJECT: Demolition of the Levi house The City of Eden Prairie advertised to solicit bids for the demolition of the Levi house located at 10943 Spoon Ridge in the May 14th edition of the Eden Prairie News. Five bids were received and opened on May 27, 1992. BIDDER_ AMOUNT David Brainard $ 7,200 Bollig & Sons Inc $10, 125 • Messenger Excavating Inc $11,230 Five Star Construction $16,550 Miller Brothers Excavating $16, 675 Recommendation: Staff recommends that the bid be awarded to the low bidder David Brainard for the Amount of $7200. Staff met with Mr. Brainard and were assured by him of the accuracy of his proposal. All construction debris will be taken to an approved landfill. • iO') CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-117 RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, a resolution of the City Council adopted the 5th day of May, 1992, fixed the 2nd day of June, 1992, as the date for public hearing on the following proposed improvements: I.C. 52-217 -Leona Road Street and Utility Improvements WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of the Council hearing through two weekly publications of the required notice and the hearing was held and property owners heard on the 2nd day of June, 1992. WHEREAS,the City Engineer, through R.C.M., has prepared plans and specifications for the proposed improvements. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: • 1. Such improvement as above indicated is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project with the assistance of R.C.M. 3. The plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved 4. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published three weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., July 2, 1992, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 p.m., Tuesday, July 7, 1992, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 2, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL S John D. Frane, Clerk IIL EDEN CREEK • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-110 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN CREEK FOR J.M.S. DEVELOPMENT CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden Creek for J.M.S. Development Corporation dated May 4, 1992, consisting of 6.6 acres, into 11 single family lots, one outlot and road right-of-way, 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 2nd day of June, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • 1 EDEN CREEK CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R 1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. • SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 16, 1992, entered into between J.M.S. Development Corporation, a Minnesota Corporation and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Dick and Mary Olson, husband and wife, and the City of Eden Prairie, dated as of June 16, 1992, which Agreement and Owner's Supplement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of June, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of June, 1992. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of S nip exhibit A Tracts A, B, and C, RLS #116; Outlot A, HIDDEN RIDGE; and Tract A, RLS #581, all in Hennepin County, Minnesota. • 4111 P, R & N R Commission Meeting 4 May 18 , 1992 • • • B. Eden Creek Addition Refer to memo dated May 8 , 1992 from Donald Uram, Planner . Jeff Schoenwetter, representing J .M. S . Development , Inc . , reviewed the single family development proposed for the site . He said they are concerned about who would maintain Vthe one-acre dedicated area adjacent to Purgatory Creek . Lambert said that , because this piece of land is so small and isolated, staff has recommended that it be considered a scenic easement so that it can be left in its natural condition. • Richard asked if this would be done in lieu of cash park fees . Lambert said it would not . Richard asked why the development didn' t work the first time around. Schoenwetter said his company decided to forego the development when they realized that the amount of land involved was considerably less than originally anticipated. He said that the property was sold and the new owners will retain just one lot with the house on it . A discussion followed regarding the trailway construction on the property and the upgrading of County Road 4 . Lynch asked what they are doing with the wetland lots . Schoenwetter said they expect to move the area slightly and reshape it . Cross said the amount involved is about 1/10 of an acre . MOTION: Lynch moved, seconded by Vanderploeg, to recommend approval of the Eden Creek Addition, subject to the recommendations of the staff memo of May 8 . After discussion it was determined that language should be added to cover the scenic easement . AMENDMENT TO THE MOTION: With the approval of Vanderploeg ; • Lynch amended her motion to specify that the area shown as Outiot_ A will be a scenic easement granted by the developer 1 P , R & N R Commission Meeting 5 May 18 , 1992 to the City , with ownership to be divided between the future owners of lots 5 , 6 , 7 and 8 . A VOTE ON THE MOTION: Motion carried 6-0 . VOTE ON THE AMENDMENT TO THE MOTION: Motion carried 6-0 . • • MEMORANDUM TO: City Council THROUGH: Carl Jullie, City Manager FROM: Don Uram, Planner Chris Enger, Director of Planning DATE: May 28, 1992 SUBJECT: EDEN CREEK The Planning Commission voted unanimously to approve the Eden Creek Subdivision subject to the recommendations of the staff report at their May 11, 1992 meeting. The proponent, J.M.S. Development Corporation presented the development plans which he indicated are the same as those that were approved in 1987 with the exception that Nancy Drive will be constructed to align with Mere Drive. Construction of a Parade Home is expected to begin this summer. • The PlanningCommission asked the proponent and staff about tree loss, wetland mitigation and P Pog trails along County Road #4. In response, staff stated that tree loss was less than the previous proposal, wetland mitigation is being done in accordance with City and Watershed District requirements and that trails will be constructed along County Road #4 when it is upgraded. There were no comments from the audience at the public hearing. 1110 st STAFF REPORT • TO: Planning Commission FROM: Donald R. Uram, Planner THROUGH: Chris Enger, Director of Planning DATE: May 8, 1992 SUBJECT: Eden Creek Addition APPLICANT: J.M.S. Development, Inc. FEE OWNER: Marc Anderson and Dick Olson LOCATION: Southeast of County Road #4, across from Mere Drive REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 6.6 acres 2. Preliminary Plat of 6.6 acres into 11 single family lots, one Soutlot, and road right-of-way. ti ( _��_ .; _-_-J_.;..-jr_- .. - • • R1 -13.5' .r -- ;; i_!i ,-� , _ -- -, — 'J' R 1 -2 2- _ I'-j-. • -r i I r ; ..-P � ` l may, .-; .'R1. 13:�* - ( --- - I _ . ;,� __ • .� •1` .2.Gf:ACt. Ti. i. ‘- . . C . .l - -.. , 1( r�•'-,` �`_ z'- f • - . \/ -, - . �� .- �' !-- ' rL •,/ 4'- � \ \� `' ,;,' -- :R1=-�_5; •r1 \ �- • -. '0 .•" ��._ rPROPOSED SITE %%'y- ,. ; ,�•�Ai�� , _/i -- 0.�✓% s ,44t -'.c) s,1- ,;-, ,-,1 . .i. PUB:! ••R• .I -_1.3:5 ' %-L LOCATION MAP -; C C Staff Report Eden Creek41) May 8, 1992 Background This site is designated on the Comprehensive Guide Plan for Low Density Residential land uses. Surrounding designations include Low Density Residential to the north, east and west and Purgatory Creek and Public Open Space to the south. Specific land uses include Timber Creek Woods, zoned R1-13.5 to the northwest; Purgatory Creek and Paradise Valley, zoned R1-22 to the south and east; and, Hidden Ridge, zoned R1-13.5 to the west. In 1988, J.M.S. Development received preliminary approval for the project as it is currently proposed but did not proceed with final development. In 1991, Zachman Brothers Construction proposed a mixed use development with single family and duplex dwellings which was recommended for denial by the Planning Commission. This item was tabled by the City Council pending revisions and later withdrawn by the applicant. Site Plan The site plan depicts the division of a 6.6 acre tract into 11 single family lots, one outlot, and road right-of-way. The proposed zoning classification for this project is R1-13.5 and all of lots meet the minimum requirements with the exception of lot 11. Lot 11 is a corner lot which • requires 100 feet of frontage on both Co. Rd. # 4 and Nancy Drive. However, due to the location of Nancy Drive aligning with Mere Drive, only 82 feet is possible. A variance is necessary from the Board of Appeals and Adjustments for lot frontage less than 100 feet. Lot sizes within the subdivision range from a minimum of 15,100 square feet to a maximum of 31,000 square feet. Average lot size is 19,390 square feet. The existing homes on lots 5 and 10 will remain. Outlot A, adjacent to the southern property line is the location of Purgatory Creek and will dedicated to the City. Access to the project will be from Co. Rd. #4 by a single cul-de-sac. Please refer to the attached letter from Hennepin County regarding specific road improvements. Shoreland Ordinance/Purgatory Creek Corridor Study Due to the location adjacent to Purgatory Creek, both the Shoreland Ordinance and the Purgatory Creek Corridor study apply. The Ordinary High Water Mark, or 100-Yeas Flood elevation in this location is at the 854.6 contour elevation. The proponent is dedicating Outlot A which is the majority of the floodplain. That portion of the floodplain not dedicated within Lots 6 and 7 will be placed in a drainage and utility easement. 2 • I I I (, C Staff Report • Eden Creek May 8, 1992 According to the Shoreland Ordinance, Lots 5, 6 and 7 are defined as abutting lots. Minimum requirements for lots abutting a General Development Water with public sanitary sewer and water are.as follows: 1. Minimum lot size - 13,500 square feet. 2. Minimum width at building line - 120 feet. 3. Minimum width at Ordinary High Water Mark - 120 feet 4. Minimum setback at Ordinary High Water Mark - 100 feet. The subdivision meets the minimum requirements of the Shoreland Ordinance. Due to the location of Purgatory Creek, portions of Lots 5-8 are within the Purgatory Creek Conservancy Area. With the dedication of Outlot A, the significant site features along Purgatory Creek are being preserved which meets the intent of the Purgatory Creek Corridor Study. 0 Wetland Delineation The 1991 Wetlands Conservation Act requires that all wetlands be delineated on new development proposals by the Local Governmental Unit (LGU) which has authority. In Eden Prairie, the LGU is the Riley-Purgatory Creek Watershed District. The watershed district has identified a portion of lots 1 and 2 as an existing wetland. Approximately 0.13 acres of this wetland is proposed to be filled as part of development. In accordance with the interim State regulations, a 1 for 1 mitigation is required. This mitigation can either occur within Outlot A adjacent to Purgatory Creek or by expanding the existing wetland. Either alternative is acceptable to the City and Watershed District. The proponent shall contact the Department of Natural Resources and the U.S. Army Corps of Engineers for any additional approvals and/or permits. Grading Elevations on this site range from high points of 888 along the eastern property line and 894 in the northwest corner of the site, to a low point of 846 within the Purgatory Creek flood plain. The site slopes in a southerly direction towards Purgatory Creek. Maximum cut and fill amounts include an 8 foot cut along the rear of Lot 4 and a fill amount of approximately 16 feet in the northeast corner of the site. • 3 Staff Report Eden Creek May 8, 1992 The proponent has submitted a tree inventory which depicts 798 caliper inches of significant trees on site. With this development, 254 caliper inches of plant material would be removed, or 31.8%. A tree replacement plan depicting 108 caliper inches of plant material shall be submitted prior to Council review. Utilities Water and sanitary sewer is available to this site through connections made to an existing 12" water and an 8" sanitary sewer line located along the south side of Co. Rd. #4. A 6" water and an 8" sanitary sewer line will be extended within Nancy Drive to serve the proposed subdivision. Storm water run-off is proposed to be collected within a catch basin system located within the cul-de-sac bubble and discharged into Purgatory Creek. The plan also indicates a storm sewer pipe located along Co. Rd. #4 which connects to the existing 24" storm sewer pipe and discharges to the north. For a more detailed report regarding the proposed drainage plans, please refer to the attached memo from the City Engineer. Pedestrian System • • The Eden Prairie trails map indicates a proposed trail along both sides of Co. Rd. #4. These trails will not be constructed until Co. Rd. #4 is upgraded. Staff Recommendations Staff recommends approval of the request for a Zoning District Change from Rural to R1-13.5 on 6.6 acres, Preliminary Plat of 6.6 acres into 11 single family lots, one outlot, and road right- of-way, based upon revised plans dated May 4, 1992, subject to the recommendations of the Engineering Memo, dated May 6, Staff Report, dated May 8, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Submit a tree replacement plan which depicts a total of 108 caliper inches on-site. B. Revise the plans to reflect the reconstruction of the existing by-pass lane on Co. Rd. #4 as shown on Attachment 1. 4 • I J Staff Report • Eden Creek May 8, 1992 2. Prior to Final Plat, proponent shall: A. Submit storm water run-off and erosion control plans for review by the Watershed District. B. Submit storm water run-off, utility, and erosion control plans for review by the City Engineer. 3. Prior to grading permit issuance, proponents must acquire and submit to the City all necessary permits from the Department of Natural Resources, U.S. Army Corps of Engineers and the Watershed District. 4. Prior to building permit issuance, proponent shall: A. Pay-the Cash Park Fee. B. Submit plans for review by the Building Department for the removal of the _ existing septic systems and wells. • 5. The sheds located along the western property line of Lot 10 shall be removed or relocated in accordance with City Code. 6. Apply for and receive approval from the Board of Appeals and Adjustment for a lot frontage of 82 feet along Co. Rd. #4. City Code requires 100 feet. • 5 - MEMORANDUM - • TO: Planning Commission THROUGH: Alan Gray, City Engineer FROM: Mary Krause, Project Engineer 1.),\(.. DATE: May 6, 1992 SUBJECT: Eden Creek The Engineering Department has conducted a review of the storm drainage system for the proposed Eden Creek residential.subdivision. Our review shows that the overall storm drainage system is acceptable with the following recommendations: 1. An additional catch basin should be added near the beginning of the cul- de-sac to intercept a portion of the drainage. This would allow the double catch basin at the end of the cul-de-sac to be replaced by a single sump catch basin. 2. The sump manhole currently shown behind the curb at the end of the cul- de-sac can be eliminated. A sump manhole in the shown location does not afford easy access for cleaning and its purpose will be served by the sump catch basin recommended above. 3. The contributing drainage area that drains in the ditch under Nancy Drive along CSAH 4 should be verified. Wetland mitigation for the project should be done in accordance with the Watershed District requirements. The storm sewer outlet location to Purgatory Creek is to be coordinated with the Watershed District with respect to the proposed wetland mitigation area. All necessary permits that may be required from DNR, Army Corp of Engineers and t.`:e Watershed District must be acquired prior to the issuance of a grading permit by the City. • D>►:M.N L2EN-CREEP: ( ( DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South • HENNEPIN Hopkins, Minnesota 55343-8468 PHONE: (612) 930-2500 FAX (612) 930-2513 ___J--1_. TDD: (612) 930-2696 April 22, 1992 Mr. Chris Enger Planning Director City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 • Dear Mr Enger: RE: Proposed Plat - Eden Creek CSAH 4 - Opposite Mere Drive Section 4/5, Township 116, Range 22 Hennepin County Plat No. 1988 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: • • - No additional right of way required by Hennepin County along this segment of CSAH 4 at this time. - The proposed Nancy Drive/CSAH 4 intersection shown, directly opposite existing Mere Drive, is acceptable to Hennepin County. - Any new access to a county road requires an approved Hennepin County entrance permit before beginning any construction. Contact our Permits Section at 930-2550 for entance permit forms. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, / Dennis L. Hansen, P.E. Ilia Transportation Planning Engineer DLH/LDW:lw HENNEPIN COUNTY an equal opportunity employer •Aid iiAt o�r�""Orgy (.Jinnesota Department of Transporition D * ° Metropolitan District Transportation Building St. Paul, Minnesota 55155 TRP�� Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 • Golden ValleyOffice, 2055 North Lilac Drive, Golden Valley, ey, Minnesota 55422 Reply to 593-8753 Telephone No. April 21, 1992 Mr. Chris Enger . Director of Planning City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 In Reply Refer to: Eden Creek Co. Rd. 4 _ Eden Prairie • Dear Mr. Enger: • We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development and have no comments. This property does not abut the existing or proposed trunk highway system and does not require state comment unless it meets requirements of the pamphlet "Mn Environmental Ouality Board Environmental Review program 4410.7800". If you have any questions regarding this plat review please call me at 593-8753. Sincerely, Tim Henkel Planning Supervisor CC: Mary Anderson, Metropolitan Council Les Weigelt, Hennepin Co. Engineer Mike Reiter, Hennepin Co. Surveyor , oele6ap , MINNESOTA I 1 1990 1111 iiii An Equal Opportunity Employer • DEPARTMENT OF TRANSPORTATION 320 Washington Av, South • HENNEPIN Hopkins, Minnesota 55343-8468 • 935-3381 _n__ July 6, 1988 Mr. Chris Enger Planning Director City of Eden Prairie 7600 Executive Drive • Eden Prairie, MN 55344 Dear Mr. Enger: RE: Proposed Plat - Eden Creek CSAH 4, Opposite Mere Drive Section 4/5, Township 116, Range 22 Hennepin County. Plat No. 1651 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: 1111 - No additional right of way required by Hennepin County along this segment of CSAH 4 at this time. - Ideally, the proposed Nancy Drive should be placed directly opposite existing Mere Drive, however if this is not feasible, the developer must reconstruct the existing by-pass lane to approximately the dimensions shown on Attachment 1. - Any new access to a county road requires an approved Hennepin County entrance permit before beginning any construction. Contact our Maintenance Division for entrance permit forms. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Maintenance Division for utility permit forms. - The developer must restore e all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, David W. Schmidt, P.E. 111/ Transportation Planning DWS/Low: lw HENNEPIN COUNTY an equal opportunity employer t ,r COMBINED RIGHT TURN & BY- PASS LANE ( RECOMMENDED DIMENSIONS) 30 ' R 30' R 50' _ 300 ' 15 ,1 TAPER J `\ "re)' l5j1 TAPER r � • Eden Deck ArrAfnENr HENN. CO, TRAFFIC DIVISION • • JANUARY 190 A y j-9 F, : a ( JMS • slrimilmsmill ? 0 1 r 1 fL. 1 ti i JMS COMPANIES • -3 jo; ,;,--• i :- APR 1 0 ; 92 5353 Gamble Drive Parkdale IV Suite 307 :`• Minneapolis,MN 55416-1545 �' r Office 612-591-1981 r r) j'*I Or i[.3!! Fax 612-591-0697 April 10, 1992 • Planning Commission • City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344-3677 RE: Eden Creek To the Members of the Planning Commission: The following is our narrative explanation regarding the land development request for Eden Creek. Hopefully, you will again become • familiarized with this very quickly. You may recall you did approve this very development in 1988. Eden Creek •is a residential infill project consisting of nine (9) new residential lots plus two existing homes, located immediately to the south of Eden Prairie Road and just adjacent to Purgatory Creek. Eden Prairie's Guide Plan framework calls for one half of the plat to be low density residential and other half to be public open space. We request the City change the Guide Plan to be 100% residential. Please refer to Item G, Guide Plan substantiation. The zoning classification for Eden Creek conforms 100% to the City of Eden Prairie's R-13, 500 zoning ordinance. There will be no variances requested on the development at Eden Creek. Presently there are two (2) existing homesites in the development being used for single family housing. The balance of the surrounding area is also being used for single family residential housing. Therefore, Eden Creek conforms perfectly with all existing land uses. We plan our phasing and construction schedule to begin as soon as possible. Grading would commence immediately and installation of the first lift of asphalt would occur prior to the first frost in the fall of 1992. • JMS Equities,Inc.I JMS Homes I JMS Realty JMS Development Corporation 14725,Limited 1 Ck,, ( C Page Two April 10, 1992 RE: Eden Creek • JMvIS Realty will be retained to conduct all sales and marketing of Eden Creek. JMS Realty will utilize the MLS service and Realtor relationships to facilitate the rapid sale of the development. The legal instruments which this development requires are limited. We do not intend to implement any home owners association. All of the easements at Eden Creek are depicted on the plat. We, as developer, will be authoring covenants and restrictions for Eden Creek prior to the filing of the final plat. Regarding the housing/land use profile, all eleven (11) lots will be at least minimum size and our average lot is approximately 15,000 square feet.. An entrance monument will be constructed for the development. Landscaping will enhance the monument, making an impressive addition to the surrounding area. Certainly, the "tone" created by this entrance will give the feeling of "having arrived". There will be no additional lighting for the proposed development. The transportation capacity of Eden Prairie Road is certainly more than sufficient to facilitate the insignificant number. of trips to and from Eden Creek. The site lines are, again, certainly sufficient to the east at 1,000 feet and to the west at least 700 feet. The Purgatory Creek flood plain/conservancy zone would show portions of Lots 5 and 8 and almost all of Lots 6 and 7 are within the conservancy zone. As part of the mitigating measures to develop in the conservancy zone, we are donating out-lot "A" of almost one (1) acre to the City of Eden Prairie. This disposition of out-lot "A" creates very little room for flexibility in design of our plat without sacrificing buildability. We appreciate your interest in Eden Creek and look forward to the opportunity to provide Eden Prairie with another quality project. Sincerely, Jeffrey M. Schoenwetter President JMS DEVELOPMENT CORPORATION JMS/rn I i4y 1 i-5 • iirmiginas ,71 • !+' iid, i:z 0; JNIS COMPANIES 5353 Gamble Drive Parkdale IV Suite 307 Minneapolis.MN 55416-1545 Office 612-591-1981 Fax 612-591-0697 April 10, 1992 • Planning Commission • City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344-3677 RE: Eden Creek . To the Members of the Planning Commission: The following is our narrative explanation regarding the land development request for Eden Creek. Hopefully, you will again become • familiarized with this very quickly. You may recall you did approve this very development in 1988. Eden Creek is a residential infill project consisting of nine (9) new residential lots plus two existing homes, located immediately to the south of Eden Prairie Road and just adjacent to Purgatory Creek. Eden Prairie's Guide Plan framework calls for one half of the plat to be low density residential and other half to be public open space. We request the City change the Guide Plan to be 100% residential. Please refer to Item G, Guide Plan substantiation. The zoning classification for Eden Creek conforms 100% to the City of Eden Prairie's R-13, 500 zoning ordinance. There will be no variances requested on the development at Eden Creek. Presently there are two (2) existing homesites in the development being used for single family housing. The balance of the surrounding area is also being used for single family residential housing. Therefore, Eden Creek conforms perfectly with all existing land uses. We plan our phasing and construction schedule to begin as soon as possible. Grading would commence immediately and installation of the first 411 lift of asphalt would occur prior to the first frost in the fall of 1992. JMS Equities,Inc.I JMS Homes I JMS Realty JMS Development Corporation 14725,Limited Page Two April 10, 1992 RE: Eden Creek JMS Realty will be retained to conduct all sales and marketing of Eden Creek. JMS Realty will utilize the MLS service and Realtor relationships to facilitate the rapid sale of the development. The legal instruments which this development requires are limited. We do not intend to implement any home owners association. All of the easements at Eden Creek are depicted on the plat. We, as developer, will be authoring covenants and restrictions for Eden Creek prior to the filing of the final plat. • Regarding the housing/land use profile, all eleven (11) lots will be at • least minimum size and our average Jot is approximately 15,000 square feet. An entrance monument will be constructed for the development. Landscaping will enhance the monument, making an impressive addition to the surrounding area. Certainly, the "tone" created by this entrance will give the feeling of "having arrived". There will be no additional lighting for the proposed development. The transportation capacity of Eden Prairie Road is certainly more than sufficient to facilitate the insignificant number of trips to and from Eden Creek. The site lines are, again, certainly sufficient to the east at 1,000111 feet and to the west at least 700 feet. The Purgatory Creek flood plain/conservancy zone would show portions of Lots 5 and 8 and almost all of Lots 6 and 7 are within the conservancy zone. As part of the mitigating measures to develop in the conservancy zone, we are donating out-lot "A" of almost one (1) acre to the City of Eden Prairie. This disposition of out-lot "A" creates very little room for flexibility in design of our plat without sacrificing buildability. We appreciate your interest in Eden Creek and look forward to the opportunity to provide Eden Prairie with another quality project. Sincerely, Jeffrey M. Schoenwetter President JMS DEVELOPMENT CORPORATION JMS/rn EDEN LAKE TOWNHOMES • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-111 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN LAKE TOWNHOMES FOR EDEN LAKE TOWNHOMES PARTNERSHIP BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden Lake Townhomes for Eden Lake Townhomes Limited Partnership dated April 10, 1992, consisting of 13 acres into 41 lots and one outlot, 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 2nd day of June, 1992. • Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk i Eden Lake Townhomes CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNFSOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNFSOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the RM-6.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the RM-6.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the P PP Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 7, 1992, entered into between Eden Lake Townhomes Limited Partnership, a Limited Partnership and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Lariat Companies Inc., a Minnesota Corporation, and the City of Eden Prairie, dated as of July 7, 1992, which Agreement and Owner's Supplement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of June, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of July, 1992. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 4111 oa0 • Preliminary Plat • Outlot E, The Preserve Commercial Park South. Comprehensive Guide Plan Change. Zoning District Change and Site Plan Review That part of Outlot E, THE PRESERVE COMMERCIAL PARK SOUTH, which lies Easterly of the following described line: Commencing at the southeast corner of said Outlot E; thence North 89 degrees 57 minutes 58 seconds. West, assumed bearing, along the South line of said Outlot E a distance of 597.00 feet to the point of beginning of the line to be herein described; thence North 1 degree 00 minutes 24 seconds East a distance of 330.00 feet; thence North 8 degrees 41 minutes 33 seconds West a distance of 157.61 feet to the Northwesterly line of said Outlot E; thence North 38 degrees 51 minutes 30 seconds East along said Northwesterly line a distance of 286.61 feet to the north line of said Outlot E and said line there terminating. • P , R & N R Commission Meeting 2 May 13 , 1992 • V . DEVELOPMENT PROPOSALS A. Eden Lake Townhouses Refer to memos dated May 14 , 1992 from Bob Lambert , May 8 , 1992 from Donald Uram, Planner , and May 7 , 1992 , from Mary Krause , Project Engineer. / Lambert introduced Jack Brandt , representing Hartford �/ Investments , Inc . Brandt noted that they involved the neighbors in the • planning and that many of the neighbors ' suggestions and concerns have been dealt with in this development proposal . He said they are planning to dedicate approximately 4 . 3 P, R & N R Commission Meeting 3 May 18 , 1992 • acres in lieu of cash park fees . He displayed a site plan showing the proposed parkland and the building elevations . Lambert asked if they are planning to include a loop trail . Brian Lubben of Hartford Investments , Inc . said they will if the Commission feels it is necessary . Lambert said City staff feels this is a great proposal . He said they have agreed to take land in lieu of cash park fees because it will be 4 . 3 acres of preserved land in the Major Center Area and will provide connections to Outlot D and to the Eden Lake School Park. Vanderploeg asked what is the total acreage of Outlots A and D and the School Park: Lambert said it is about 45 acres counting the lake . Vanderploeg then asked how deep the lake is and if it would be a place to canoe. Lambert said it is a man-made lake designed to handle storm water drainage from the M.C.A. He said the water quality is poor and would not provide high traffic canoeing possibilities . Richard asked if the developer would put in the trail . Lambert said they are asking them to put in the loop trail • in Outlot A whether there is a connection to Outlot D or not . On call for comments from the audience , Tom Walters , 12490 Porcupine Court , said he would like to know where the proposed trails would be located and where the proposed canoe launch might be . After the general location proposed for the trail was pointed out to him, Mr . Walters said that , it would be very close to his property line and he would prefer to see it located closer to the lake. Lambert replied that there would be no problem locating it close to the lake provided that location is dry enough. Richard asked if staff was going to recommend putting the entire trail in. Lambert replied that the City does not even own Outlot D at this time, but we have planned to get it for park purposes since 1976 . Kracum asked who owns Outlot D . Lambert replied that there is a bankruptcy situation and that the we may end up getting it through tax forfeiture. Hildgeman asked for a clarification of the recommendation . Lambert said the recommendation is that the developer follow his commitment to dedicate property in lieu of $33 , 000 in cash park fees , to construct a loop trail in Outlot A and to provide a six-car parking lot in Outlot A. Kube-Harderwijk asked how far into the hill the grading would occur . Lubben said they intend to put in one P , R & N R Commission Meeting 4 May 18 , 1992 retaining wall behind two of the units and to keep the steep • 1 slope that is there. Richard asked if staff is comfortable with the tree replacement. Cross said they are. A MOTION: Richard moved, seconded by Kracum, to recommend approval of the Eden Lake Townhomes development , subject to the conditions outlined in the Staff Reports of May 7 , May 8 and May 14 , 1992 , and to accept the dedication of Outlot A in lieu of cash park fees with the understanding that the developer will construct a loop trail and a six-car parking lot in Outlot A. Motion carried 6-0. • MEMORANDUM 10 TO: City Council THROUGH: Carl Jullie, City Manager FROM: Don Uram, Planner Chris Enger, Director of Planning DATE: May 28, 1992 SUBJECT: EDEN LAKE TOWNHOMES The Planning Commission voted 5-1-1 to approve the Eden Lake Townhome development proposal subject to the recommendations of the staff report at their May 11, 1992 meeting. The proponent, Jack Brandt presented the development plans for the 40 unit rental townhouse project. He indicated that the project would be constructed in the same approximate location as the previously proposed theater, east of Pond K. The remaining property will be dedicated to the City for Public Open Space purposes. Brandt stated that they had contacted all the people who received a public hearing notice for the theater proposal to inform them of the project. At the meeting that was held, four of the neighbors showed up to discuss the project. All neighbors indicated support of the proposal. Tom Walters, 12490 Porcupine Court spoke in favor of the project and stated that he was glad to see a residential development rather than the theater. However, he went on to say that he was not in favor of a trail that the City is proposing along the west side of Eden Lake. Walters realized that the trail issue was not part of this proposal but wanted to go on record as being against it. John O'Neil, 3501 14th Ave. S., Minneapolis requested that the City consider granting an easement across the dedicated Outlot to provide additional access to their property along U.S. #169. O'Neil indicated that their property did not have access to traffic southbound on U.S. #169 and that this easement would resolve the problem. The Planning Commission asked the proponent and staff about the extension of Medcom Blvd., wetlands, the trail along the west side of Eden Lake, and the proposed construction schedule. In response, staff stated that the extension of Medcom Blvd. is still a priority but that it probably wouldn't happen until the properties along Franlo Road developed, that the wetland issues have been reviewed by the appropriate agencies and that all work is being done in accordance with City and Watershed District requirements. The trail issue will be reviewed by the Park and Rec. Commission with the final decision made by the City Council. Brandt indicated that they hope to begin construction this year. J J / ( STAFF REPORT • TO: Planning Commission FROM: Donald R. Uram, Planner THROUGH: Chris Enger, Director of Planning DATE: May 8, 1992 SUBJECT: Eden Lake Townhomes LOCATION: East of Highway 169, south of Medcom Boulevard APPLICANT: Eden Lake Townhomes Partnership FEE OWNER: Lariat Companies REQUEST: 1. Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 8.7 acres. 2. Zoning District Change from Rural to RM-6.5 on 8.7 acres. 3. Site Plan Review on 8.7 acres. III 4. Preliminary Plat of 13.0 acres into 41 lots and one outlot. . .. -'-Fi.--osi,.."- - -. 0 F -.-7 '• .----s."L\-;-;‘' . ., Ni —. %;Z:,•,` • C :..REG ,-..„ M-6,5/ •. - , :,:-.6,,.-... x.--,_ wy::- c, • ,, . ,... ---„,, I . r/ 13M-'2. , - ' .--• "*.s. . ( ' %vc-''' „' • -- '.-'- -...., . . - . • :.-.t. ........ ' • _CD U B •/ C-R 1,4p- . c,f3G F. • ,i- ,, .;• ._-- .i.., pu: ..... ' OF-C .-40 ,0........4 . -• 7f4e4' V . 14"•••-•4 z 1:1 M-2.5 "t-------.14: ‹,\\ .e••41,-...A 64.4 -,-r .. • m. • . -'\ •••4,e.•.g•.4 •). z- ....+,....•• m IN'o \.V..V.• 4 : c vssl 77."rzz--• 6..6.....i..awaAK a , _____ POk Ck.PI fiL - - ..1 . •--„. alMillit t'C( , ,:., -..., •,;: ....:::/ • PROPOSED SITE si, ,' :0 s: *--- . -'''. 3 '5• -• ---`.; -.1,-:,,, t.•%‹-. \'--- 's R 1-1 - •.5:-_:__LL.. • ' r.7., frawe- i..-4, my, .:,—...:3 •L_ _ ----- , -: _. . ,--, ......1---- -, • - . I! ,,,,, . , • -- OFC-:-1 r-' • ; - . -to - P ,_. , __ -- C C STAFF REPORT • Eden Lake Townhomes May 8, 1992 BACKGROUND This site is part of the Preserve Commercial Park South which was approved in 1974. The approved PUD depicted either an office building (5 story maximum) or apartments (150 units) on the east side of Pond K and either medical, office or apartments on the west side (see Attachment). In 1989, an 8-screen movie theater project was reviewed and approved for the land east of Pond K. The proponent withdrew the project in September, 1990. The current proposal is to construct a 40 unit rental townhouse project on the property east of Pond K which is approximately 8.7 acres. The property west of Pond K (Outlot A) will be dedicated to the City as public open space. COMPREHENSIVE GUIDE PLAN CHANGE The proponent is requesting a Comprehensive Guide Plan Change from public open space to medium density residential to allow for the construction of the townhouse project. The Guide Plan is a graphical representation of desired land uses. In this specific location, the intent of the public open space designation is protect Eden Lake and the adjacent wetland areas. The remaining property has always been expected to develop with land uses similar to that depicted in the approved PUD. In considering a guide plan change on this property, the Planning Commission should consider: 1. Whether the approved PUD depicting apartments is still valid? 2. Is the proposed land use consistent with adjacent land uses? 3. Is the intent of the Guide Plan being met? Considering that the proponent is dedicating to the City approximately 4.3 acres of land as public open space, is developing the property at a density less than the approved PUD and is proposing a land use which is compatible with adjacent land uses, a Comprehensive Guide Plan change to medium density residential is warranted. • 2 C C Staff Report Eden Lake Townhomes • May 8, 1992 SITE PLAN/PRELIMINARY PLAT The preliminary plat depicts the subdivision of Outlot E, Preserve Commercial Park South containing 13 acres into 41 lots and one outlot. Outlot A, containing 4.3 acres will be dedicated to the City for public open space purposes. The proponent is requesting a zoning district change from Rural to RM-6.5 which would allow up to 6.7 units per acre. The site plan depicts 40 units at a density of 4.6 units per acre. The proposal meets the minimum requirements of the RM-6.5 zoning district. The site plan depicts 10, 4-unit buildings located in a linear pattern along the eastern portion of the property. The clustering of units are necessary due to the amount of poor soils on the property and the location of Pond K and upper Eden Lake. ACCESS/TRAFFIC ... .._r_. Access is provided to the site from Medcom Boulevard by way of Joiner Way or U.S. #169. Access is limited because the intersection of Medcom at U.S. #169 is unsignalized while the intersection of Joiner Way at Prairie Center Drive prohibits left turns onto Prairie Center Drive. Because of the limited access, the owner of the property petitioned for the extension of Medcom Boulevard. Preliminary plans were developed for this extension when the theater project was being reviewed. It is the City's intention to extend Medcom Boulevard to Franlo Road once development along Franlo Road takes place to allow for this to occur. Access into the project is provided from Medcom Boulevard with a private road. The Fire Marshal has reviewed the plans which meet the requirements for emergency vehicle access. A townhouse project containing 40 units will generate approximately 244 trips per day or 27 in the P.M. peak hour. This compares to a total of 192 trips in the P.M. peak hour for the 8- screen movie theater or a reduction of 165 trips. Finally, due to the construction of median within U.S. #169, concern has been raised regarding access to the properties to the west. An alternative that has been discussed would be to provide a road from Medcom Boulevard through the property dedicated to the City to intersect with Fountain Place and US #169 (See Attachment). The proponent is required to provide an access easement across the private drive to allow for a public street connection. 3 • C C Staff Report Eden Lake Townhomes May 8, 1992 GRADING Elevations on this site range from a high point of 868 in the northeast corner to a low point of 812 adjacent to upper Eden Lake. The site slopes in a south and easterly direction. Approximately 18 feet of cut occurs along the northeast corner where 2 tiers of retaining walls are proposed. A total of 8 feet of fill is required along the southern property line. The majority of the property east of Pond K will be graded to allow for the construction of the road and building pads. • The future extension of Medcom Boulevard to Franlo Road will require approximately 12 feet of fill directly to the north of this project. The proposed plans take the required grades for the extension of Medcom Boulevard into consideration. WETLANDS The proponent contacted the DNR, the U.S. Army Corps of Engineers and the Watershed District prior to submitting the project in September, 1991. In summary: • 1. The site does not contain any DNR protected wetlands. 2. A nationwide permit was granted for the project by the U.S. Army Corps of Engineers. Staff anticipates that the permit must be renewed in accordance with the 1991 Wetlands Conservation Act. 3. A wetlands delineation by the Watershed District is required. As indicated in the Engineering Memo, all necessary permits/approvals from these agencies are required prior to any grading permit issuance. UTILITIES Water and sanitary sewer service is available to this site. Connections for these services will be made to an existing 6" water line within Medcom Boulevard and an existing sanitary sewer manhole located adjacent to upper Eden Lake. The proponent is extending an 8" sanitary sewer line to the eastern property line to provide service for the adjacent properties. To allow for a looping of the water line, the proponent shall extend the water line to east property line. Storm water runoff is proposed to be collected within a series of catch basins located at various locations throughout the project site. Discharge from the catch basin systems will be into a 411 4 C Staff Report Eden Lake Townhomes May 8, 1992 newly constructed pond located south of Pond K and into Pond K. Detailed storm water runoff plans must be submitted for review and approval by the City and Watershed District (See attached memo from the Engineering Department). LANDSCAPING/TREE REPLACEMENT Based upon a total building square footage of 89,120, 278 caliper inches of plant material is required. In addition, a total of 316 caliper inches of significant trees are being removed from the site which require 100 % replacement. Overall, 594 caliper inches of plant material is required for the landscaping and tree preservation ordinance. The landscape plan depicts 607 caliper inches. ARCHITECTURE The proponent has submitted architectural plans for review which indicate two building types. Both units measure approximately 50 ft. in depth and are approximately 95 ft. in length. All of the units are two story in height. Building materials include lap siding and asphalt shingles. Each building contains three double car garages and one single car garage. Overall, 80 parking stalls are required. The plan indicates 85 parking stalls which includes 70 interior parking spaces and 15 exterior parking spaces. Driveway parking will also be allowed behind the proposed garages. PEDESTRIAN SYSTEMS The developer is proposing to construct an 8 ft. bituminous path from Medcom Boulevard to the proposed woodchip trail within Outlot A. The proposed trail within Outlot A will ultimately be extended along the west side of Eden Lake to provide pedestrian access to the Eden Lake school. It is also anticipated that a sidewalk will be constructed along both sides of Medcom Boulevard. CONCLUSIONS From a technical standpoint, the townhouse project fits well on the site, takes into consideration the amenities including the views across Eden Lake and Pond K and has less impact on the site than the theater proposal. The project as proposed is consistent with a medium density guide plan designation, the RM-6.5 zoning district and the approved PUD. 5 • Staff Report • Eden Lake Townhomes May 8, 1992 With this development, staff is anticipating that the property directly to the east will also be developed as some type of medium density residential land use while the property to the north of the.proposed Medcom Boulevard extension will develop as a commercial land use. STAFF RECOMMENDATIONS Staff recommends approval of the Comprehensive Guide Plan change from public open space to medium density residential on 8.7 acres, Zoning district change from Rural to RM-6.5 on 8.7 acres, Site plan review on 8.7 acres and the Preliminary plat of 13.03 acres into 41 lots and 1 outlot for the construction of a 40 unit multiple family residential development based on revised plans dated April 10, 1992, subject to the recommendations in the Engineering and dated Staff Reports dated May 8, 1992, and subject to the following conditions: 1. Prior to council review, proponent shall: A. Submit samples of building materials and colors for review by City Staff. B. Submit an irrigation system plan. C. Indicate on Lot 1 an easement providing access from Outlot A to the proposed access drive. 2. Prior to final plat approval the proponent shall: A. Submit detailed storm water, utility and erosion control plans for review and approval by the City Engineer. B. Submit detailed storm water and erosion control plans for review and approval by the Watershed District. 3. Prior to grading permit issuance: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. • 6 Staff Report Eden Lake Townhomes • May 8, 1992 C. Receive all necessary permits for the construction of the storm sewer system including the discharge into Pond K and the construction of the __ new pond located directly south of Pond K. 4. Enter into a special assessment agreement with the City of Eden Prairie for the future upgrading of Medcom Boulevard. • 7 • C EXHIBIT B : APPROVED CONCEPT PLAN r - • i re,.�.c r e..T I ////>:'. ....'—/11 12r.c..z....a..... ..cz.-e..aNne_e T •N.49 �.v I .7�c_ ;�r4. i I S � y , • f\ ..)6., . ..,:ti e AO, 4 M- , a �i>• 0 7 .. ..,4,.. ...s Izt 0.0 ,sty"irlit. M4 WI 1-0GtKs C.Jr LLura `�l'.�L A4 •��►IJ� - ••_ Wuc.OvCs 7 / �V —tit ;+iy ���y�, Z I.Gs ` Vi Gus. 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(t) �� \ ••(33)Kt. .A» '(in , ,.f . r / C C - MEMORANDUM - TO: Planning Commission THROUGH: Alan Gray, City Engineer3/4 ll FROM: Mary Krause, Project Engineer IP�� DATE: May 7, 1992 SUBJECT: Eden Lake Townhomes A review of the proposed Eden Lake Townhomes subdivision has been done by the Engineering Department. There are several issues with this project that need to be addressed. 1. The Watershed District needs to be contacted and a wetland delineation conducted for the project site. If any wetland mitigation is needed it • should be done in accordance with the Watershed District requirements. 2. All necessary permits from DNR, Army Corp of Engineers and the Watershed District must be acquired prior to the issuance of a grading permit. 3. Complete storm drain/pond design calculations and drainage area map are to be submitted for review by the Engineering Department. It appears that additional catch basins may be required for adequate drainage of the streets. Also the street grade at the low point should be raised to the 100-year flood elevation of Pond K. 4. The grading of the northeast corner of the property should be looked at. Currently there are two retaining walls and 2:1 slopes. The grading should be adjusted so that a drainage swale will carry the water away from the retaining walls. MK:ssa C HARTFORD INVESTMENTS, INC. • May 15, 1992 Robert A. Lambert Director of Parks, Recreation, and Natural Resources • City of Eden Prairie 7600 Executive Drive - Eden Prairie, MN 55344-3677 RE: Eden Lake Townhomes Dear Mr. Lambert: We have reviewed your letter of May 14, 1992. It appears to have little change in position from our conversation of May 11, 1992. Our land planning for this project to date is based on your intended recommendation for acceptance of land in lieu of park fees contingent upon the attached conditions described in your August 6, 1991, letter. Had we sensed any vagueness in your recommendation, we would not have designed the site the way it exists in our recently approved submittal to the Planning Commission. Over nine months has passed since`our initial discussions regarding this site. If the public trail installation south of our site was an issue, it most certainly should have been addressed prior to the upcoming May 18 Parks Commission meeting. In the same time period, we should have been notified of the modification in your position. The land in question with the discussed improvements will stand on its own merits as a park, with our without connection to areas to the south. In your August 6, 1991, letter you describe it yourself as "a park that would be an immediate amenity to your multi-family site". The concerned neighbors in this area have invested in and contributed greatly to the planning effort for this project. The broad neighborhood support is evidence of their desire to see a well- conceived and quality constructed residential use on this site. The undermining effect of your position makes it difficult for us to continue the project and resolve once and for all a site which has been fraught with controversy. • C • We would ask that you distribute a copy of this letter to the seven Parks Commission members along with a copy of your August 6, 1991, letter so they may have all the information on this issue before them at the Parks Commission meeting. We will be in attendance at Monday night's Park's Commission meeting to vigorously defend our position. Sincerely yours, Brian Lubben, A.I.A. Hartford Investments, Inc. Enclosures cc: John C. Brandt won Uram Chris Enger Thomas Walters • ` BL/dt • 411 • Suite 110, 7400 France Avenue South / Edina, Minnesota 55435 Telephone: 612 / 832-9210 Fax: 612 / 832-9208 • HARTFORD INVESTMENTS, INC. • May 11, 1992 Robert A. Lambert Director of Parks, Recreation, and Natural Resources City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344-3677 RE: Eden Lake Townhomes Dear Mr. Lambert: In reference to our conversation earlier-today, we are very distressed by the pre-conditions you intend to impose on our plans for park dedication. We have proceeded to this point in good faith based on our telephone conversations and written correspondence. On July 30, 1991, I sent a letter asking you to describe your intentions regarding dedication of • approximately 4.3 acres or 33% of our total site in lieu of contribution of cash park fees. I also asked you to define any conditions you would require to be fulfilled for such a dedication. Your response on August 6, 1992, stated your recommendation would be to accept this dedication in lieu of park fees providing we would construct a loop trail within this area, provide parking for 3-4 cars, and construct a canoe launch. Nowhere in your response did you state that this arrangement was predicated on the construction of trails on neighboring sites. Our preliminary plans show a possible configuration for the loop trail and parking for 6 cars. The canoe launch could be constructed if it is found that the lake is suitable for this type of recreation. We have been told by several neighborhood residents that this portion of the lake is not suitable, but we will defer to your judgement on that issue. All our development planning thus far has been based on your intended recommendation for acceptance of the park dedication in lieu of park fees subject to the conditions you described on August 6. We believe it is unfair to revise those ground rules at this late date. It appears you wish to make our site issues part of the larger trail issue which the city is unable to resolve. • Please examine this issue carefully and clarify what your position will be from this point • forward. For your reference, I am enclosing copies of the pertinent correspondence. Sincerely yours, Brian Lubben, A.I.A. Hartford Investments, Inc. Enclosures • cc: John C. Brandt Don Uram BL/dt • Suite 110, 7400 France Avenue South / Edina, Minnesota 55435 Telephone: 612 / 832-9210 Fax: 612 / 832-9208 • i C }4. - City of Eden Prairie es, e, t.' City Offices i= 7600 Executive Drive • Eden Prairie, MN 55344-3677 : Telephone (612) 937-2262 •4/ - � ' • s'- August 6, 1991 Brian Lubben, AIA Hartford Investments, Inc. Suite 110 7400 France Avenue South Edina, Minnesota 55435 SUBJECT: Eden Lake Townhomes Dear Mr. Lubben: As I indicated to you in your last review of the Medcom Boulevard site, I would recommend accepting Lot 1 as City parkland in lieu of park fees; however, I also understood you to commit that your company would construct a loop trail within the site, a parking lot for 3-4 cars and a • canoe launch as depicted on your plan. I believe these amenities would make this area a "park" that would be an immediate amenity to your multi-family site, and would certainly make it much easier for the Parks, Recreation and Natural Resources Commission and the City Council to accept this property in lieu of park fees. These recommendations are subject to the Parks, Recreation and Natural Resources Commission, Planning Commission and City Council approval. Sincerely, Robert A. Lambert Director of Parks, Recreation and Natural Resources RAL:mdd ( ("- 0 , 1'2:91) •--- 15 A,- i,'? 1', Clit --1 i. 'ii 1; 11i t ..: Mr. Al Gray Eden Prairie City Offices 1.12 W1P3 7 t. — 7500 Executive Drive Eden Prairie, MN 55344-3677 .-1-1-V (--)f- ; ,. 1 - „.....• -v1 LIR‘F- r---, t\i ir•N. , Dear "Jr. Gray; •• . On November 5th 1991 we 11:,-:,!: with Mr. Don I:ram and : Ir. Rod ti:;_ew to discuss occess. TO tlii.• properties on the ea.i.:.-ie ‘niie of Iii: laway 169 scmth Of Eden Pr:tdrie Medical it:: maps sho,.\- r hot ti:(:tse properties will b,-:- commercizsii in toe i't:.t tire. C.S;iir coneern :,--,as that tliese pL'Operties lid roi hove ::icce<Fs to south botino trat'fit. on highway 169. -'i left turn off Ithgliway 169 onto Medcom Blv-d provided accets i'.or 1he led ,.:-.al Center but hot then neighbors to the south. r. Lram on Mr. Re tc p;•01,0sed on eosement, across the bity property, f1,-,-..i. :', l :“1 , , „ .., 0 itiorrg : he southeast bout:on-1.y of the .\iedie:u. 'Center proFerty. I.,(:. ‘‘oitio Jose :o Li' e ti-is proposed e:ti,eirictit consiilin.eo at the meettng monday night •i:ly ii. \slier: the Ecien i_...ike T‘..,w-linornes d_.", elopnv'nt i,.:: considered. 1-.E.."goirds, : 9• John ..\ n ': ,,,,In 111h k‘.-c,ntto -.; Itil.h ) 1r-nne:11)01i:',, Minnesota 'hotift 72 I-2'.1..25 729-- 1 .1.:. 0 - • 1 V \ OCT '1 "91 13 - 7 EIT2T FA1, T300 FnGE ( NZ pi '' <0., DEPARTMENT OF THE ARMY ire 4 h AT PAUI•r'gTRICT.CORPS OF ENGINEERC w ._', • mok144,44.0t- 14R1 U.S POST OFFICE d CUSTOM HOUSE •till ' ' 1 3T.PAUL,MINNESOTA 65101.141V4111 ,, .., ..1....••�'� AEPLYTO October 10, 1991 ArTCNTlom OP Construction-Operations Regulatory (92-00482N-12) Mr. Stephen Johnston Loucks and Associates 7101 Northland Circle, Suite 105 Brooklyn Park, Minnesota 55428 SUBJECT: Eden Lake Townhomes; located in section 14, T116N, R22W, Hennepin — County, MN We have reviewed the information provided us about this project. We have determined that the work, which includes grading along the edge of a manmade pond, construction of outfall structures, excavation of a retention pond, and the creation of a wood chip trail, is authorized by a nationwide Department of the Army permit, provided the enclosed conditions and management practices are followed. This determination covers only the project referenced above. If the design, location, or purpose of the work is changed, you should contact us to4111 make sure the work would not result in a violation of Federal law. It is your responsibility to ensure that the work complies with the terms of this letter and any enclosures. IT IS YOUR RESPONSIBILITY TO OBTAIN ALL REQUIRED STATE PERMITS AND APPROVALS BEFORE YOU PROCEED WITH THE PROJECT, • • This confirmation will be valid until the nationwide permit within the regulation is modified, reissued, or revoked, All of the nationwide permits are scheduled to be modified, reissued, or revoked prior to January 1992. It is incumbent upon you to remain informed of changes to the nationwide permits•. We will issue a public notice announcing the changes when they occur. Also, i.£ you commence or are Tinder conrraet- to cemmQZ.ce this activity before the • , date the nationwide permit is modified or revoked, you will have 12 months from the date of modification or revocation to complete the activity under the present terms and conditions of this nationwide permit confirmation. If you have any questions, please call Mr. Tim Fell at (612) 220-0360. 4.411-k ' 1` gefi eJn Wopat' Chief, Regulatory Branch „+ Construction-Operations Division Determination: 330.5 (a) (26) 4110 I 1 r;4 P. 003 C • HARTFORD INVESTMENTS, ENC. May 5, 1992 Thomas C. Walters 12490 Porcupine Court Eden Prairie, MN 55344 RE: Eden Lake Townhomes Dear Mr. Walters: I just wanted to remind you of our upcoming Planning Commission meeting for the above project on May 11, 1992, at Eden Prairie City Hall. We appreciate the comments you have provided in the past and we welcome your participation in The PIanning Commission review. Enclosed are some photographs of our proposed plans to refresh your memory the project remains essentially the same as that you saw last fall. If you know of other neighborhood residents having concerns, we would urge you to share these photographs with them and urge them to attend the Planning Commission Meeting. Thank you for your.interest in this project. Sincerely yours, Brian Lubben, A.I.A. Hartford Investments, Inc. Enclosures cc: Jack Brandt BL/dt • • Suite 110, 7400 France Avenue South / Edina, Minnesot a 55435 Telephone: 612 / 832-9210 Fax: 612 / 832-9208 1 '� HARTFORD COMPANIES AGENDA • `EDEN LAKE TOWNHOMES: NEIGHBORHOOD MEETING - 9/25/91 I. PREVIOUS MEETINGS A. Informal Meetings II. CITY OF EDEN PRAIRIE MEETING A. Planning - B. _Fire . C. Engineering D. Park & Recreation III. BUILDING IMPROVEMENTS A. Description B. Exhibit: Building Elevation IV. UNIT AMENITIES A. Description411 B. Exhibit: Floor Plans V. SITE A. Parkland B. Exhibit: Site Plan C. Exhibit: Map Depicting Site Distance From Single Family Homes VI. DEVELOPMENT COMPARISON: MOVIE THEATRE VERSUS TOWNHOMES A. Visual Impact 1. Two Story Townhomes 2. City Parkland / Existing Trees 3. Site Lighting 4. Tree Transplanting / Landscaping B. Traffic C. Exhibit: Aerial Map • Suite 110, 7400 France Avenue South / Edina, Minnesota 55435 Telephone: 612 / 832-9210 Fax: 612 / 832-9208 I _; HARTFORD CONCPANIES MEETING NOTICE: EDEN LAKE TOWNHOMES DEVELOPMENT Hartford Companies has proposed the development of 40 townhomes in an area South of Medcom Boulevard and the Lariat Center and east of Highway 169. A movie theatre development had been previously proposed on this site. The development is described below: BUILDING IMPROVEMENTS The development consists of ten separate buildings,each containing four units. Attached garages containing either one or two garage stalls provide direct access to each townhome unit. The buildings are two story wood frame type construction. UNIT AMENITIES All townhomes have three bedrooms, a first floor family room and include European laminate cabinets, mirror closet doors, and in- unit washer and dryer. Fireplaces are included in selected units. Panelled doors are standard. . SITE The site is approximately 13.03 acres. We are proposing to dedicate 4.3 acres of the westerly portion of the site to the City of Eden Prairie for park land. This park would essentially remain in its natural condition. PREVIOUS MEETINGS We have conducted two previous informal meetings with several of your neighbors. Attendees have included Tom Walters, Mark Pfister, Ray Hoveland and Mike Williams. We have attempted to incorporate their recommendations into our plans. EVELOPMENT COMPARISON: MOVIE 'THEATRE VERSUS TOWNHOMES Obviously, the theatre proposal created considerable opposition and controversy. We believe that our proposed residential development is more compatible with the single family homes in the areas adjacent to this development and provides an acceptable transition between the single family homes and the commercial office building and shopping center. In our previous meetings, the primary concerns of your neighbors related to building size and visual impact of the development. BUILDING SIZE Each building is similar in size to a single family home. The length of each building is approximately 88'. All buildings are two story. The maximum height of each building is approximately 24' to the roof peak. VISUAL IMPACT Generally, the buildings will not be visible from the homes surrounding the development. Many existing trees remain. If there are buildings that would be visible, we would attempt to transplant existing trees to mitigate this impact. As well, the entire westerly portion of the site is proposed as parkland and would not be disturbed. All site lighting will be attached to the buildings. There will be no pole lights as had been proposed with the theatre development. SCHEDULED MEETING A meeting has been scheduled to provide interested neighbors with information and exhibits on this development. The meeting is scheduled for Wednesday evening, September 25, 1991, from 6:30 p.m. until 8:00 p.m. in the meeting room at the Eden Prairie Center Community Library located at 479 Prairie Center Drive. If you cannot attend this meeting and have questions regarding the development, please contact either Brian Lubben or Jack Brandt at 832-9210. We look forward to meeting with you. • Suite 110, 7400 France Avenue South / Edina, MN 55435 Telephone: 612/832-9210 Fax: 612/832-9208 SIGN-UP SHEET NEIGHBORHOOD MEETING 9/25/91 EDEN LAKE TOWNHOME DEVELOPMENT NAME ADDRESS ct- �e- tVo4 /= / 2 9 9 ) ot � \EJJSEJ.) ? C2%o i A : k� _ (,) t( i& c ?o r c-� o i ,�� &( . S • HARTFORD CNIVEST1VIENTS INCc • August 19, 1991 Thomas Walters 12490 Porcupine Ct. Eden Prairie, MN 55344 Mark Pfister 11929 Joy Circle Eden Prairie, MN 55344 Mike Williams 12460 Porcupine Ct. Eden Prairie, MN 55344 Gentlemen: Brian Lubben and I appreciated having the opportunity of meeting with you to discuss your concerns-regarding--our-proposed Eden Lake-Townhome Development. As we discussed, we will create a more specific site plan and other related documentation. • When this is completed, we would hope to-meet with you again and discuss this more detailed plan. Again, we appreciate your comments and look forward to working with you on this development. Very truly yours, Vigor John C. Brandt President cc: Don Uram - Assistant Planner Chris Enger - Director of Planning JCB/dt 41111 Suite 110, 7400 France Avenue South / Edina, MN 55435 Telephone: 612 / 832-9210 Fax: 612 / 832-9208 J C C STATE OF iiik KIaCEZOU'Q C� i MINNESOTA Z. DEPARTMENT OF NATURAL RESOURCES -\;.,;10 METRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 7 7 2-7 910 FILE NO. • November 1, 1991 Mr. Scott Kipp City of Eden Prairie Planning Department 7600 Executive Drive Eden Prairie, MN 55344 RE: EDEN LAKE TOWNHOMES, UNNAMED WETLAND 27-1011W, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Kipp: We have reviewed the site plans (received October 1, 1991) for the above referenced project (SW1/4 Section 14 , T116N. , R22W. ) and have the following comments to offer: 1. Upper Eden Lake has water levels that are independent of the_ water levels of Lower Eden Lake (27-1011W) . As a separate body of water, Upper Eden Lake doesn't meet the requirements for a State. Protected Wetland. Therefore, the project site does not contain any DNR protected waters or wetlands, and aII DNR protected waters permit is not required. 2 . The site does not appear to be within a shoreland district. 3 . The site is not within a designated floodplain. However, the detention pond has flooded portions of the site in the past. We recommend that the City require the developer to calculate the 100-yr flood elevation for the ponds and Upper Eden Lake and require the developer to ensure that the walkout basements are at least 1-foot above the 100-year flood elevation. 4 . If construction involves dewatering in excess of 10, 000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. You are advised that it typically takes approximately 60 days to process the permit application. 5 . The plans indicate that erosion control measures will be taken during the construction period. We recommend that the Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, be followed. • AN EQUAL OPPORTUNITY EMPLOYER i 1 c 410 Mr. Scott Kipp November 1, 1991 Page Two 6. It appears that most of the stormwater is routed through settling basins, which is good. We object to having the stormwater routed directly to wetlands and streams. Thank you for the opportunity to comment. Please contact me, or Staff Hydrologist Joe Richter, at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist cc: USCOE Bob Obermeyer, Barr Engineering . Hennepin SWCD Eden Lake (27-1011W) John Bergh, Loucks & Assoc. C Riley-Purgatory-Bluff Creek Watershed Distr' l' Engineering Advisor: Barr Engineering Co. 7803 Glenroy Road Minneapolis. MN 55435 830-0555 Legal Advisor: Popham, Haik. Schnobrich& Kaufman °°"i"°'ON 3300 Piper Jaffrey Tower - - _ Minneapolis, MN 55402 333-4800 October 4, 1991 Mr. Chris Enger City Planner City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley - Purgatory - Bluff Creek Watershed District have reviewed the preliminary plans as submitted to the District for the Eden Lake Townhomes in Eden Prairie. The following policies and criteria of the District are applicable for this project: 4111 1. In accordance with Section E(2) of the District's revised rules and regulations, a grading and land alteration permit from the District is required. A detailed grading plan showing both existing and proposed contours must be submitted to the District for review. 2. A detailed erosion control plan outlining procedures to control sedimentation from leaving areas altered on the site must be submitted to the District for review and approval. 3. A stormwater management plan for the project must be submitted for review and approval. The ponding basin located in the center of the site, Pond K of the Neill Lake storm sewer system, has a 100 year frequency flood elevation of 822.0 M.S.L. Upper Eden Lake has a calculated 100 year frequency flood elevation of 817 .0 M.S .L. In accordance with District criteria, structures adjacent to these basins must have basement or lowest floor elevations set at a minimum two feet above the respective flood elevation. The plan indicates that elevations of structures 8,9, and 10 do not meet this criteria. 4. The preliminary grading plan shows the filling adjacent to Pond K is proposed below elevation 822 .0 M.S.L. This filling must be consistent with District floodplain encroachment criteria. 411) \\L° k. Mr. Chris Enger October 4, 1991 Page 2 1111 5. The preliminary grading plan shows that the emergency overflow from Pond K is to be located at the low point of the proposed roadway and established at elevation 819.6 M.S.L. This elevation is 2.4 feet below the 100 year flood elevation of Pond K. The overflow elevation must be set above the flood elevation but lower than the lowest floor elevation of the proposed structures adjacent to Pond K. 6. It is unclear from the plan if the existing control structure and outlet pipes are to be replaced with a new system discharging to the basin proposed south of the roadway. If the outlet is replaced, it must be designed to provide the same outflow capacity and skimming for floatable material as the existing outlet. Thank you for the opportunity to review and comment on this development at an early date. If you have any questions or request additional information, please give me a call at 830-0555. Sincerely, Rob rt . 0 ermeyer 4111 B r En ineering Company Engineers for the District c: Mr. Ray Haik Mr. Fritz Rahr S oot4ESOT,9y ( 'nnesota Department of Transport )n '� °C•ct Metropolitan District Transportation Building St. Paul, Minnesota 55155 OF TR Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 • Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to 593-8753 Telephone No. October 3, 1991 Mr. Chris Enger Director of Planning City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 In Reply Refer To: TH 169/212 C.S. 2762 Eden Lake Townhomes Eden Prairie • Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota 11111 Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development and have no comments. This property does not abut the existing or proposed trunk highway system or county highway and does not require state comment unless it meets requirements of the pamphlet "Mn Environmental Quality Board Environmental Review program 4410.7800". If you have any questions please call 593-8753. Sincerely, Tim Henkel Transportation Planner cc: Mary Anderson, Met Council Les Weigelt, Henn. Co. DOT Mike Reiter, Henn. Co., Surveyor I MINNESOTA 1990 An Equal Opportunity Employer 11(02 JUNE 2,1992 24550 WESTWOOD SPORTS UNIFORMS-POLICE DEPT 84.00 24551 IPMA-MN CHAPTER CONFERENCE-HUMAN RESOURCES DEPT 24.00 452 BAKERS SQUARE GIFT CERTIFICATE-SAFETY PROGRAM 25.00 53 NORTH MEMORIAL MEDICAL CENTER CONFERENCE-POLICE DEPT 240.00 554 WEST HENNEPIN HUMAN SERVICES CONFERENCE-POLICE DEPT 60.00 24555 STATE OF MINNESOTA LICENSE-PARK PLANNING DEPT 70.00 24556 HENNEPIN COUNTY TREASURER 1ST HALF 92 PROPERTY TAX 1656.60 24557 MN DEPT OF REVENUE APRIL 92 FUEL TAX 241.60 24558 KATHY BRUNDT REFUND-SUMMER RACQUETBALL LEAGUE 5.00 24559 JULIE DURDA REFUND-PRESCHOOL PLAYGROUND PROGRAM 23.00 24560 LINDA HUMPHREY REFUND-YOUTH TENNIS LESSONS 17.00 24561 GAYLE MORIN REFUND-SWIMMING LESSONS 19.00 24562 NICKI ROBERTSON REFUND-YOUTH TENNIS LESSONS 17.00 24563 TERRI WALKER REFUND-TENNIS LESSONS 28.00 24564 ELIZABETH WRIGHT REFUND-STARING LK PK & AMPHITHEATRE RENTAL 159.88 24565 COOKIES BY DEB EXPENSES-CITY COUNCIL 11.18 24566 KRAEMERS HOME CENTER -MALLOT/CROW BAR/BOLT CUTTER/LEVEL/HOSES/ 868.70 -SCREWDRIVERS/HOLEDIGGER/TROWEL/CHISEL/ -BRUSHES/BUCKETS/SWITCHES/LUBRICANT/DOWELS/ -MAILBOXES/SCREWS/LETTERS/STREET ATLASES/ -SPRAY EXTENSIONS/BATTERIES/KEYS/EXTENSION -CORD/PLUG/LIGHT CONTROL/FLOODLIGHTS/TAPE/ -WHEEL HANDLE/FITTINGS/SCISSORS/RULERS/ GLUE/BIRD FEEDER/BLADES/KNIVES-STREET -MAINT/PARK MAINT/COMMUNITY CENTER/ UTILITIES DIVISION 24567 NORTHERN STATES POWER CO SERVICE 3528.47 24568 U S WEST CELLULAR INC SERVICE 103.42 �69 U S WEST COMMUNICATIONS SERVICE 1390.94 70 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 72.00 24571 COPY EQUIPMENT INC MARKERS-PARK MAINTENANCE 41.28 24572 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 19.08 24573 GUARANTEE MUTUAL LIFE COMPANY MAY 92 LIFE INSURANCE PREMIUM 2703.27 24574 MUTUAL BENEFIT LIFE MAY 92 DISABILITY INSURANCE PREMIUM 3118.65 24575 EXECUTIVE DIRECTOR-PERA PAYROLL 5-15-92 152.97 24576 EAGLE WINE CO WINE 1878.62 24577 GRIGGS COOPER & CO INC LIQUOR 7495.97 24578 JOHNSON BROTHERS LIQUOR CO WINE 10028.70 24579 ED PHILLIPS & SONS CO LIQUOR 3785.33 24580 PRIOR WINE CO WINE 1633.69 24581 QUALITY WINE & SPIRITS CO LIQUOR 2377.50 24582 J A PRICE AGENCY INC LIABILITY INSURANCE 7717.43 24583 WOODLAKE NATURE CENTER SPECIAL TRIPS & EVENTS PROGRAM/FEES PAID 23.00 24584 WEST SIDE VOLKSWAGEN REPAIR PARTS FOR ZAMBONI-EQUIPMENT MAINT 29.05 24585 CLUTS OBRIEN STROTHER ARCHITECTS -SERVICE-REMODELING OF CPT BLDG FOR CIVIC 8936.33 CENTER 24586 ROBERT KAPING SERVICE-ICE SHOW COMMUNITY CENTER 100.00 24587 LOFFLER BUSINESS SYSTEMS INC HEADSET/CASSETTES-ADMINISTRATION DEPT 89.50 24588 MENARDS -POSTS/DUCT TAPE/MASON LINES/PVC CONDUIT 82.58 -CLAMPS/WATER SEALANT-STREET MAINTENANCE/ COMMUNITY CENTER/UTILITIES DIVISION 24589 METRO SICHING REFUND-OVERPAYMENT BUILDING PERMIT 18.05 24590 WATER PRODUCTS COMPANY -6 1 IN 1000 GAL METERS-$798/4 1 1/2 IN 2960.00 4111 -1000 GAL METERS-$1268/2 2 IN 1000 GAL -METERS-$828/CONNECTORS/FLANGE KITS-WATER DEPT 6183579 I 1% ✓. 24591 K E SCHUMACHER -FINAL PAYMENT FOR STORM SEWER EASEMENT- 7500.00 CEDAR RIDGE ESTATES 24592 EDWIN F KALMUS & CO INC POSTAGE-HISTORICAL & CULTURAL COMMISSION 8.55 24593 MEMA EXPENSES-CIVIL DEFENSE DEPT 12.50 24594 TAMS WITMARK MUSIC LIBRARY INC -EXPENSES FOR LIL ABNER PRODUCTION- 000 HISTORICAL & CULTURAL COMMISSION 24595 JERRY PRODOEHL CONFERENCE ADVANCE-STREET DEPT 328.00 24596 BUILDERS SQUARE -VANITY/WATER CLOSET-HOUSING REHABILITATION 234.00 PROGRAM 24597 JOEL WESTACOTT -SERVICE-SOUND TECHNICIAN-HISTORICAL 30.00 INTERPRETATION PROGRAM 24598 HUD USER PUBLICATION-PLANNING DEPT 4.00 24599 AT&T SERVICE 29.17 24600 AT&T CONSUMER PRODUCTS DIV SERVICE 14.10 24601 AT&T CREDIT CORPORATION SERVICE 98_67 24602 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 55.25 24603 NORTHERN STATES POWER CO SERVICE 5321.79 24604 KATHLEEN AROLA REFUND-ROCKCLIMBING-OUTDOOR CENTER PROGRAM 35.00 24605 MARLENE GUALTIERI -REFUND-WOLF RIDGE EXPERIENCE-SPECIAL TRIPS 195.00 & EVENTS PROGRAM 24606 PAT KELLEY -REFUND-WOLF RIDGE EXPERIENCE-SPECIAL TRIPS 195.00 PROGRAM 24607 FLORENCE MCMAHON -REFUND-FARIBAULT & MEDFORD OUTLET TRIP- 7.00 ADULT PROGRAMS 24608 CHAD MILLER -REFUND-WOLF RIDGE EXPERIENCE-SPECIAL TRIPS 195.00 & EVENTS PROGRAM 24609 DIANE NORDSTROM -REFUND-WOLF RIDGE EXPERIENCE-SPECIAL TRIPS 145.00 & EVENTS PROGRAM 24610 JOANNE OLSON -REFUND-FAIRBAULT & MEDFORD OUTLET TRIP- 7.00 ADULT PROGRAMS 24611 MARILYN VANDERMARK REFUND-SWIMMING LESSONS 0 24612 JANIS WACK REFUND-SWIMMING LESSONS 00 24613 FIRST BANK EDEN PRAIRIE PAYROLL 5-15-92 68317.31 24614 GREAT WEST LIFE ASSURANCE CO PAYROLL 5-15-92 6434.00 24615 HENN CTY SUPPORT & COLLECTION SER PAYROLL 5-15-92 CHILD SUPPORT DEDUCTION 206.88 24616 ICMA RETIREMENT TRUST-457 PAYROLL 5-15-92 2513.76 24617 INTERNAL REVENUE SERVICE PAYROLL 5-15-92 588.85 24618 INTERNAL REVENUE SERVICE PAYROLL 5-15-92 32.00 24619 FEDERAL RESERVE BANK PAYROLL 5-15-92 SAVINGS BOND 200.00 24620 MN STATE RETIREMENT SYSTEM PAYROLL 5-15-92 50.00 24621 MN TEAMSTERS CREDIT UNION PAYROLL 5-15-92 25.00 24622 NORWEST BANK HOPKINS PAYROLLS 5-1-92 & 5-15-92 1200.00 24623 EXECUTIVE DIRECTOR-PERA JUNE 92 LIFE INSURANCE PREMIUM 201.00 24624 EXECUTIVE DIRECTOR-PERA PAYROLL 5-15-92 80.00 24625 EXECUTIVE DIRECTOR-PERA PAYROLL 5-15-92 34718.61 24626 UNITED WAY PAYROLL 5-15-92 164.50 24627 JASON AMBORN FIRE CALLS 1286.00 24628 DOUGLAS ANDREWS FIRE CALLS 888.00 24629 JOHN BENIK FIRE CALLS 1134.00 24630 JAY BOHLEN FIRE CALLS 810.00 24631 GERALD BOHN FIRE CALLS 1200.00 24632 LANCE BRACE FIRE CALLS 1376.00 24633 SPENCER CONRAD ' FIRE CALLS 3074.00 24634 GENE DAHLKE FIRE CALLS 954.00 13998194 411/ es J JUNE 2,1992 24635 TROY DANIELSON FIRE CALLS 1128.00 24636 RICHARD DEATON FIRE CALLS 1580.00 637 JOSEPH R DOHENY FIRE CALLS 1308.00 38 LARRY DOIG FIRE CALLS 1918.00 4639 PATRICIA ENFIELD FIRE CALLS 564.00 24640 GEORGE ESBENSEN FIRE CALLS 1906.00 24641 CHARLES FERN FIRE CALLS 404.00 24642 MARK GANG III FIRE CALLS 934.00 24643 DAVID GILMORE FIRE CALLS 612.00 24644 CHARLES GOBLE FIRE CALLS 1786.00 24645 JOHN R GOBLISH FIRE CALLS 694.00 24646 ROBERT GRANT FIRE CALLS 996.00 24647 ROBERT L GREENINGER FIRE CALLS 652.00 24648 GREG GUNDERSON FIRE CALLS 564.00 24649 RICK HAMMERSCHMIDT FIRE CALLS 1428.00 24650 ALAN HANSON FIRE CALLS 742.00 24651 DUANE HARRISON FIRE CALLS 924.00 24652 ROBERT HAUGEN FIRE CALLS 786.00 24653 JOHN HOBBS JR FIRE CALLS 1908.00 24654 WALTER JAMES FIRE CALLS 534.00 24655 MARK S JENNEN FIRE CALLS 638.00 24656 MICHAEL JOHNSON FIRE CALLS 952.00 24657 SCOTT JOHNSON FIRE CALLS 1134.00 24658 STEVEN JOHNSON FIRE CALLS 498.00 24659 WILLIAM D KARELS FIRE CALLS 780.00 24660 KENNETH W KOCH FIRE CALLS 1602.00 24661 STEVE KOERING FIRE CALLS 798.00 24662 MICHAEL LADEN FIRE CALLS 1868.00 .63 REGAN MASSEE FIRE CALLS 876.00 64 BRYAN J MATSON FIRE CALLS 728.00 24665 KIT C MCCALLA FIRE CALLS 664.00 24666 BRIAN MCGRAW FIRE CALLS 654.00 24667 GARY MEYER FIRE CALLS 2130.00 24668 THOMAS MONTGOMERY FIRE CALLS 2320.00 24669 JAMES MROZLA FIRE CALLS 1176.00 24670 CURTIS OBERLANDER FIRE CALLS 2714.00 24671 SCOTT OBERLANDER FIRE CALLS 876.00 24672 KATHLEEN OCONNOR FIRE CALLS 858.00 24673 KEITH OLSON FIRE CALLS 750.00 24674 DONALD OVERBEY FIRE CALLS 1826.00 24675 JAMES PELTIER FIRE CALLS 1718.00 24676 TIMOTHY PELTIER FIRE CALLS 1762.00 24677 DEREK PETERSON FIRE CALLS 842.00 24678 MATTHEW A PHILLIPS FIRE CALLS 650.00 24679 MAUREEN PIRJEVEC FIRE CALLS 126.00 24680 BENNIT PITTSLEY FIRE CALLS 488.00 24681 GARY RADTKE FIRE CALLS 1266.00 24682 JOHN RIEGERT FIRE CALLS 1352.00 24683 JOHN ROCHFORD FIRE CALLS 906.00 24684 MICHAEL ROGERS FIRE CALLS 1990.00 24685 ROBERT ROLFZEN FIRE CALLS 704.00 24686 TIM SATHER FIRE CALLS 2116.00 24687 CHARLES SCHAITBERGER FIRE CALLS 2104.00 4688 KURT W SCHENDEL FIRE CALLS 1200.00 89 ROGER SCHMIDTKE FIRE CALLS 966.00 6340000 JUNE 2.1992 24690 LEE SCHNEIDER FIRE CALLS 1026.00 24691 SCOTT SCHRAM FIRE CALLS 149 00 24692 JAMES SHAW FIRE CALLS 14 0 24693 TODD SKATRUD FIRE CALLS 20 0 24694 JOHN SKRANKA FIRE CALLS 1134.00 24695 CHARLES G SMITH FIRE CALLS 666.00 24696 MARK SNETTING FIRE CALLS 1002.00 24697 KIP SPRINGER FIRE CALLS 1010.00 24698 JAMES SUNDBERG FIRE CALLS 732.00 24699 MICHELE SUNDBERG FIRE CALLS 786.00 24700 SCOTT TAYLOR FIRE CALLS 1282.00 24701 MARC THIELMAN FIRE CALLS , 234.00 24702 DOUG THIES FIRE CALLS 2206.00 24703 TODD TOMCZIK FIRE CALLS 1884.00 24704 RODNEY UTING FIRE CALLS 882.00 24705 MARK VANDENBERGHE FIRE CALLS 1524.00 24706 FRANK J WEBER FIRE CALLS 626.00 24707 PAUL WELCOME FIRE CALLS 678.00 24708 SCOTT WILLIAMSON FIRE CALLS 642.00 24709 THOMAS WILSON FIRE CALLS 2054.00 24710 DUANE CABLE FIRE CALLS 282.00 24711 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 886.92 24712 PETTY CASH CHANGE FUND-ROUND LAKE MARINA 25.00 24713 CRAGUNS CONFERENCE CENTER CONFERENCE-WATER DEPT 281.72 24714 OLD LOG THEATRE TICKETS-ADULT PROGRAMS/FEES PAID 214.50 24715 PETTY CASH -EXPENSES-CITY HALL/STREET MAINT/WATER 75.47 DEPT/SENIOR CENTER/COMMUNITY CENTER 24716 UNIVERSITY OF MINNESOTA CONFERENCE-ADMINISTRATION DEPT ilig 24717 MINNESOTA STATE TREASURER -WATER SUPPLY SYSTEM OPERATOR RENEWAL APPLICATION FEES-WATER DEPT 24718 STATE TREASURER -WASTEWATER FACILITIES OPERATOR RENEWAL 30.00 APPLICATION FEES-SEWER DEPT 24719 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION 23.50 24720 EAGLE WINE CO WINE 879.69 24721 GRIGGS COOPER & CO INC LIQUOR 4089.54 24722 JOHNSON BROTHERS LIQUOR CO WINE 9806.89 24723 ED PHILLIPS & SONS CO LIQUOR 4849.54 24724 PRIOR WINE CO WINE 2619.06 24725 QUALITY WINE & SPIRITS CO WINE 5364.04 24726 P C TAILORS NOTEBOOK COMPUTER-CITY COUNCIL 1835.46 24727 U S POSTMASTER PERMIT FOR BUSINESS REPLY CARDS-WATER DEPT 100.00 24728 CENTRAL MN COUNCIL ON AGING CONFERENCE-SENIOR PROGRAMS 170.00 24729 ARDEN AANESTAD -BIRDWATCHING INSTRUCTOR-OUTDOOR CENTER 35.00 PROGRAM/FEES PAID 24730 ACT ELECTRONICS INC BATTERY-ENGINEERING DEPT 30.00 24731 AEF CAPITAL COMMUNICATIONS TRAINING VIDEOS-WATER DEPT 501.50 24732 AIRSIGNAL INC MAY 92 PAGER SERVICE-BLDG INSPECTIONS DEPT 58.50 24733 ALEXANDER BATTERY NORTH BATTERIES-POLICE DEPT 192.85 24734 AMERICAN LINEN SUPPLY CO TOWELS-LIQUOR STORE 34.22 24735 AMERICAN LINEN DIRECT SALES WINTER PARKAS/EQUIPMENT MAINT/STREET MAINT 294.96 24736 AMERICAN PLANNING ASSN VIDEO CASSETTE-PLANNING DEPT 39.95 24737 AMERICAN WATER WORKS ASSOC PUBLICATIONS-WATER DEPT 1009.75 24738 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL 591.28 24739 EARL F ANDERSEN & ASSOC INC SIGN BASES-ELECTIONS DEPT 211100 24740 DON ANDERSON HOCKEY OFFICIAL/FEES PAID 2 0 5848214 11 _ALP JUNE 2,1992 24741 ANDERSONS GARDEN EXPENSES-FIRE DEPT 25.00 24742 ANIMAL INN PET FOOD OUTLET CANINE SUPPLIES-POLICE DEPT 81.00 111143 AQUA CITY PLUMBING INC -PLUMBING WORK REPAIRS FOR CITY WELLS- 1796.00 WATER DEPT 24744 AQUA ENGINEERING INC PVC PIPE-STREET MAINTENANCE 60.60 24745 AUSTADS -GOLF CLUBS-SPRING SKILL DEVELOPMENT 37.95 PROGRAM 24746 B & S TOOLS -GASKET SCRAPER/SIDE CUTTER/THERMOMETER- 91.95 EQUIPMENT MAINTENANCE/WATER DEPT 24747 BANTA ISG -PRINTING-ADDITIONAL EXPENSES-SUMMER 60.00 COMMUNITY BROCHURE 24748 BEACON SPORTS PRODUCTS INC FIELD MARKING PAINT-PARK MAINTENANCE 610.00 24749 DENISE BECK -SERVICE-SWIMMING LESSONS-ADAPTIVE 45.00 RECREATION PROGRAM 24750 BELL ATLANTIC TRICON LEASING CORP JUNE 92 COPIER LEASE AGREEMENT-POLICE DEPT 358.68 24751 BENSHOOF & ASSOCIATES INC -SERVICE-TRAFFIC STUDY FOR HERITAGE RD/ 4006.22 LEONA RD TRAFFIC SIGNAL_ 24752 JOHN BENSON -GOLF INSTRUCTOR-SPRING SKILL DEVELOPMENT 216.00 PROGRAM/FEES PAID 24753 BG PROMOTIONS T-SHIRTS-ORGANIZED ATHLETICS PROGRAM 162.00 24754 BIFFS INC WASTE DISPOSAL-PARK MAINTENANCE 2910.82 24755 BLEVINS CONCESSION SUPPLY COMPANY -THERMOSTATS/WIRE/CONNECTOR/FIBERGLASS 316.12 -SLEEVING/CONCESSION STAND SUPPLIES- COMMUNITY CENTER 24756 CITY OF BLOOMINGTON -APRIL 92 ANIMAL IMPOUND FEES-ANIMAL CTRL 240.00 DEPT 24757 LOIS BOETTCHER MINUTES-HISTORICAL & CULTURAL COMMISSION 45.71 24758 BOYD OIL DISTRIBUTING OIL/GREASE-EQUIPMENT MAINTENANCE 763.85 59 TOBY BOYUM HOCKEY OFFICIAL/FEES PAID 309.00 60 LEE BRANDT SOFTBALL OFFICIAL/FEES PAID 325.00 24761 BRAUN INTERTEC ENGINEERING INC -SERVICE-SLOPE FAILURE-MERE DR/RIVERVIEW 3055.15 RD IMPROVEMENTS/BRAXTON DRIVE 24762 BREDE INC BLACK DRAPE-PRO-SHOP-COMMUNITY CENTER 220.00 24763 ED BRION SOFTBALL OFFICIAL/FEES PAID 268.00 24764 DORIS B BROWN -EXPENSES/DRAWING & PAINTING INSTRUCTOR/ 167.90 FEES PAID 24765 BRC ELECTIONS-MIDWEST REGION EQUIP MAINTENANCE AGREEMENT-ELECTIONS DEPT 245.00 24766 BRW INC SERVICE-DELL ROAD FINAL DESIGN 8365.04 24767 BUTTONS ON BRISTOL BUTTONS-SENIOR AWARENESS WEEK 220.00 24768 SHAWN CAMPBELL EXPENSES-POLICE DEPT 43.00 24769 CAPITOL COMMUNICATIONS RADIO REPAIR-POLICE DEPT 547.40 24770 CARLSON REFRIGERATION CO INC AIR CONDITIONER REPAIR-LIQUOR STORE 103.25 24771 CARLSON TRACTOR & EQUIP CO ROADMASTER MOWER-STREET MAINTENANCE 5884.00 24772 CENTRAIRE INC -QUARTERLY MAINTENANCE AGREEMENT/CONDENSOR 2849.40 -FAN REPLACED-FIRE STATION/REPAIRED WIRING IN PAINT BOOTH-PUBLIC WORKS BUILDING 24773 CHEMLAWN SPRING LAWN CARE-SENIOR CENTER 120.75 24774 JAMES CLARK MAY 92 EXPENSES-POLICE DEPT 200.00 24775 CLEAN SWEEP INC SERVICE-1992 CITY STREET SWEEPING 0.00 24776 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-COMMUNITY CTR HIGH SCHOOL LOCKER R 2794.02 24777 COMMISSIONER OF TRANSPORTATION SERVICE-BLUE PRINTING-ENGINEERING DEPT 56.07 24778 CONCEPT MICROFILM INC MICROFILMING-ENGINEERING DEPT 567.60 24779 CONNEY SAFETY PRODUCTS REPLACEMENT LENSES/WRISTSAVERS-SAFETY DEPT 258.24 4180 CONSTRUCTION MATERIALS INC SEALCOATING-STREET MAINTENANCE 5000.00 1 CONTINENTAL SAFETY EQUIP INC -DUST MIST RESPIRATORS-SAFETY DEPT/PARK 135.02 MAINTENANCE 4356074 24782 COPY EQUIPMENT INC -OFFICE SUPPLIES BLUE PRINT MACHINE REPAIR- 705.08 ENGINEERING DEPT/PLANNING DEPT 24783 CORPORATE RISK MANAGERS INC MAY 92 INSURANCE CONSULTANT SERVICE 700.00 24784 CREATIVE CARTON CORPORATION CARTONS-HISTORICAL & CULTURAL COMMISSION .85 24785 BARBARA CROSS -CONFERENCE/OFFICE SUPPLIES-PARK PLANNING 61 DEPT 24786 CULLIGAN - METRO JUNE & JULY 92 SERVICE-OUTDOOR CENTER 31.50 24787 CURTIS INDUSTRIES INC -DRILL BITS/SCREWS/SILICONE/WASHERS/ 242.25 0-RINGS-EQUIPMENT MAINTENANCE 24788 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 3388.51 24789 DAKOTA CTY TECHNICAL COLLEGE SCHOOL-POLICE DEPT 175.00 24790 DAN & DANS MINUTEMAN PRESS PRINTING FORMS-COMMUNITY CENTER 99.98 24791 DECORATIVE DESIGNS MAY 92 SERVICE-CITY HALL 49.50 24792 DAN DESAULNIERS SOF1'BALL OFFICIAL/FEES PAID 235.50 24793 FRANCES P DEWELL -LINE DANCE INSTRUCTOR-SENIOR PROGRAMS/ 240.00 FEES PAID 24794 JEFF DEZELLAR SPRINKLER HEAD REPAIR-STREET MAINTENANCE 22.31 24795 DIVERSIFIED CLEANING SERVICES CARPET CLEANING-LIQUOR STORE 305.00 24796 DUNSMORE ASPHALT CO -INSTALLED ASPHALT DRIVEWAY-HOUSING 1570.00 REHABILITATION PROGRAM 24797 ECOLAB PEST ELIMINATION DIVISION MAY 92 PEST CONTROL-FIRE STATIONS 309.00 24798 EDEN INCENTIVES & PROMOTIONS FLIGHT BAGS FOR AWARDS-FIRE DEPT 198.35 24799 E P APPLIANCE WASHER REPAIR-PUBLIC WORKS BUILDING 46.90 24800 E P PHOTO FILM/FILM PROCESSING/PRINTS-POLICE DEPT 146.78 24801 EDEN PRAIRIE SCHOOL DIST 272 -EXPENSES-CIVIL DEFENSE DEPT/ADULT 438.25 -PROGRAMS/ROOM RENTAL-ADULT PROGRAMS/ -HISTORICAL & CULTURAL COMMISSION/ PERFORMING ARTS PROGRAM 24802 CITY OF EDINA APRIL 92 WATER TESTS-WATER DEPT 160.00 24803 M ELLIOTS DELI EXPENSES-SENIOR CITIZENS PROGRAM 75 24804 ENERGY CONSERVATION ENGR INC POWER FACTOR CORRECTION-PUBLIC WORKS BLDG 1 0 24805 CHRIS ENGER MAY 92 EXPENSES-PLANNING DEPT .25 24806 EPIC USA INC SERVICE-CITY HALL RELOCATION PLANNING 2082.00 24807 EPR INC WASTE DISPOSAL-PARK MAINTENANCE 160.19 24808 BRAD ERICKSEN HOCKEY OFFICIAL/FEES PAID 140.00 24809 DELANO ERICKSON ARCHITECTS -SERVICE-COMMUNITY CENTER HIGH SCHOOL 6584.52 LOCKER ROOMS 24810 ESI COMMUNICATIONS INC TELEPHONE REPAIR-POLICE DEPT 140.00 24811 RON ESS HOCKEY OFFICIAL/FEES PAID 163.00 24812 FEED RITE CONTROLS INC GRASS SEED-PARK MAINTENANCE 150.00 24813 FINLEY BROS ENTERPRISES NET POST RATCHETS-PARK MAINTENANCE 63.90 24814 FIREHOUSE MAGAZINE SUBSCRIPTION-FIRE DEPT 168.00 24815 FLAGSHIP ATHLETIC CLUB EXPENSES-ADMINISTRATION 34.66 24816 FLEX COMPENSATION INC SERVICE-FLEXIBLE BENEFIT ONGOING SUPPORT 645.00 24817 FLOYD SECURITY WIRING REPAIRED-CUMMINS GRILL HOMESTEAD 65.00 24818 FOX MCCUE & MURPHY 1992 AUDIT SERVICE 9000.00 24819 LYNDELL FREY VOLLEYBALL OFFICIAL/FEES PAID 330.00 24820 LISA GANNON -GOLF INSTRUCTOR-SPRING SKILL DEVELOPMENT 810.00 PROGRAM/FEES PAID 24821 LYNN GARRY CONFERENCE EXPENSES-POLICE DEPT 45.50 24822 JOSEPH GLEASON SOFTBALL OFFICIAL/FEES PAID 195.00 24823 HANSEN THORP PELLINEN OLSON INC -SERVICE-VALLEY VIEW RD & TOPVIEW RD 27420.55 -SIDEWALK/CREEK KNOLLS/COMMUNITY CENTER/ -BLUFFS E 12TH ADDITION/FOREST HILLS -SCHOOL/BLUESTEM RIDGE/HAWK HIGH RIDGE/ 5919369 1111 iC , E: -BRAXTON DR/BLUFFS W 9TH ADDITION & E 11TH ADDITION/CEDAR RIDGE ESTATES 2ND ADDITION 24824 GME CONSULTANTS INC SERVICE-SOIL REPORT FOR ICE ARENA ADDITION 2490.00 24825 CITY OF GOLDEN VALLEY -SUBSCRIPTION-1992 MUNICIPAL CLIPPING 200.00 SERVICE 26 GOPHER STATE ONE-CALL INC APRIL 92 SERVICE-UTILITIES DIVISION 182.50 *27 GORDON MILLWORK CO -REPLACEMENT WINDOW FOR POOL AREA- 316.32 COMMUNITY CENTER 24828 GOVERNMENT TRAINING SERVICE SCHOOL-POLICE DEPT 813.00 24829 W W GRAINGER INC CARPET CLEANER/FILTER BAGS-EQUIPMENT MAINT 130.51 24830 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 83.00 24831 RUDI HARGESHEIMER -SUPERIOR HIKING TRAIL GUIDE-OUTDOOR CTR 25.00 PROGRAM/FEES PAID 24832 JIM HATCH SALES CO RAKES-STREET MAINTENANCE 101.99 24833 HENNEPIN COUNTY PUBLIC RECORDS FILING FEE-ENGINEERING DEPT 362.00 24834 HENNEPIN COUNTY TREASURER POSTAGE-VOTER REGISTRATION VERIFICATIONS 391.05 24835 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 140.00 24836 STEVE HIGLEY -SOFTBALL/BASKETBALL OFFICIAL & YOUTH OPEN 436.75 GYM COORDINATOR/FEES PAID 24837 HONEYWELL INC INSTALLED LABORATORY EXHAUST FAN-WATER DEPT" 1186.50 24838 INSTY-PRINTS PRINTING-FORMSBUSINESS CARDS-POLICE DEPT 42.50 24839 INTL FIRE CODE INSTITUTE DUES-BUILDING INSPECTIONS DEPT 30.00 24840 BRUCE ISAACS BASKETBALL OFFICIAL/FEES PAID 91.25 24841 GARY ISAACS -SOFTBALL/VOLLEYBALL OFFICIAL & OFFICIALS 693.75 COORDINATOR/FEES PAID 24842 JOHNSON CONTROLS DIGITAL POCKET-COMMUNITY CENTER 35.12 24843 E F JOHNSON CO -PORTABLE RADIO/BATTERY/CHARGERBELT LOOP/ 1031.88 -SWIVEL-FACILITIES DEPT/MICROPHONE DESK/ POWER SUPPLY/PEDESTAL-POLICE DEPT 24844 CARL JULLIE EXPENSES/DUES-ADMINISTRATION DEPT 324.32 S45 ELYCE KASTIGAR MILEAGE-AQUATICS & FITNESS SUPERVISOR 196.12 46 LAB SAFETY SUPPLY CLEANING SUPPLIES-WATER DEPT 191.90 24847 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 944.42 24848 ROBERT LAMBERT -APRIL & MAY 92 EXPENSES-PARK & RECREATION 415.35 DEPT 24849 LANDSCAPE PRODUCTS CENTER GRASS SEED-STREET MAINTENANCE 81.00 24850 LANG PAULY & GREGERSON LTD APRIL 92 PROSECUTION SERVICE 9275.00 24851 ROBERT R LANZI MILEAGE-ORGANIZED ATHLETICS DEPT 71.75 24852 LARKIN HOFFMAN DALY & LINDGREN LT -APRIL 92 LEGAL SERVICE-WETLAND PERMIT 5122.11 ISSUES 24853 LAW ENFORCEMENT TV NETWORK JUNE 92 TV NETWORK SERVICE-POLICE DEPT 388.00 24854 L LEHMAN & ASSOCIATES INC -APRIL 92 LEGAL SERVICE-FLYING CLOUD 453.32 LANDFILL 24855 THE LOFT -T-SHIRTS/TANK TOPS-POOL OPERATION/ROUND & 516.50 RILEY LAKE BEACHES 24856 LUNDS EXPENSES-FIRE DEPT 26.94 24857 LUSIAN ELECTRIC FLUORESCENT LAMPS-LIQUOR STORE 53.40 24858 MAGELSSEN PIANO TUNING-SENIOR CENTER 45.00 24859 MARKHURD -SERVICE-AERIAL SURVEY OF PIONEER PARK/ 2675.00 MILLER PARK/RILEY LAKE PARK 24860 MBA DESKTOP PUBLISHING PLUS -TYPESETTING FLYER-ADULT RECREATION 35.00 SUPERVISOR 24861 AHMAD MCGOWAN BASKETBALL OFFICIAL/FEES PAID 26.00 24862 MEDICAL OXYGEN & EQUIP CO OXYGEN/KEYS-FIRE DEPT 254.30 4087855 JUNE 2,1992 24863 JULIE MEINZER MILEAGE-POLICE DEPT 74.00 24864 METRO PAPER RECOVERY INC -1ST QTR 92 RECYCLING SERVICE-FACILITIES 109.80 DEPT 24865 METRO SALES INC TONER-POLICE DEPT 411P 24866 METROPOLITAN WASTE CONTROL COMM APRIL 92 SAC CHARGES 54711,0 24867 MIDAS BRAKE & MUFFLER MUFFLER PIPE-EQUIPMENT MAINTENANCE 5.00 24868 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 408.07 24869 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT 884.48 24870 MIDWEST MACHINERY INC -FUEL LINE/MUFFLER/SEAL/INJECTION KITS/ 352.24 0-RINGS/SCREWS/GASKET-EQUIPMENT MAINTENANCE 24871 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 88.00 24872 MINNESOTA BLUEPRINT OFFICE SUPPLIES-ENGINEERING DEPT 125.80 24873 MN CONWAY FIRE & SAFETY -BLOWOUT DISC/REFLECTIVE LETTERS & NOS/ 1451.49 -FLASHLIGHTS/10 HELMET LINERS-$1210/DUCTING HOSE/HYDRAULIC PATCH-FIRE DEPT 24874 BUREAU OF CRIMINAL APPREHENSION COMPUTER MAINTENANCE AGREEMENT-POLICE DEPT 600.00 24875 BUREAU OF CRIMINAL APPREHENSION SCHOOLS-POLICE DEPT 90.00 24876 MINNESOTA STATE TREASURER APRIL 92 BUILDING SURCHARGE 5416.07 24877 MOORE MEDICAL CORP 1ST AID RESCUE EQUIPMENT-FIRE DEPT 389.15 24878 LOREN MORIEARTY EXPENSES-POLICE DEPT 25.00 24879 MOTOROLA INC RADIO REPAIR-FIRE DEPT 464.00 24880 MTI DISTRIBUTING CO TIRES/ELEMENTS/SCREENS-EQUIPMENT MAINT 889.16 2488.1 NATL FIRE PROTECTION ASSN SUBSCRIPTION-FIRE DEPT 75.00 24882 NATL FIRE SPRINKLER ASSN INC DUES-FIRE DEPT 75.00 24883 JAN NELSON MINUTES-BOARD OF REVIEW 150.00 24884 NORTH STAR ICE SUPPLIES-LIQUOR STORE 188.85 24885 NORTHLAND BUSINESS COMMUNICATIONS -CONFERENCE MICROPHONE/TONER CARTRIDGES- 230.00 POLICE DEPT 24886 OCHS BRICK & TILE CO HORSESHOE COURT CLAY-PARK MAINTENANCE 10 00 24887 OLSEN CHAIN & CABLE CO INC -BEARINGS/INSTALLED BEARINGS ON SHEAVE- 1 1 PARK MAINTENANCE 24888 OLYMPIC HILLS GOLF CLUB AWARD BANQUET-CITY COUNCIL 3463.57 24889 HARRY H ORTLOFF SOFTBALL OFFICIAL/FEES PAID 276.25 24890 RON OTTERNESS -BICYCLE TOUR GUIDE-OUTDOOR CENTER PROGRAM 35.00 FEES PAID 24891 PAPER WAREHOUSE -CUPS/GLASSES/NAME TAGS/PLATES/TABLECOVERS- 16.70 SENIOR PROGRAMS 24892 JC PENNEY UNIFORMS-POLICE DEPT 51.58 24893 DANIEL S PERNULA -GOLF INSTRUCTOR-SPRING SKILL DEVELOPMENT 357.00 PROGRAM/FEES PAID 24894 PIPER PLUMBING CO -REPLACED KITCHEN SINK DRAIN LINE-RILEY 750.00 LAKE PARK 24895 PRAIRIE ELECTRIC COMPANY INC -REPLACED LOCKER ROOM HAND DRYER BRUSHES/ 592.35 -RECEPTACLES/BREAKER/FIXTURE ENDS-COMMUNITY -CENTER/REPAIRED CIRCUIT BREAKER TRIPPING- PUBLIC WORKS BUILDING 24896 PRAIRIE LAWN & GARDEN FACE PIECES-FIRE DEPT/SPRINGS/PINS/RINGS- 29.61 24897 PRAIRIE OFFSET PRINTING -REPORT COVERS/DIVIDERS-FINANCE DEPT/FORMS- 760.00 POLICE DEPT 24898 PRECISION BUSINESS SYSTEMS INC -RECORDER/CASSETTE TAPES-ADULT RECREATION 207.25 SUPERVISOR/SENIOR CENTER 24899 PRECISION TURF & CHEMICAL FERTILIZER-PARK MAINTENANCE 160.00 24900 J A PRICE AGENCY INC LIABILITY INSURANCE-LIQUOR STORES 10819.00 24901 THE PROMOTION GROUP LAPEL PINS-SAFETY DEPT 831.65 24902 PSQ BUSINESS COMMUNICATIONS INC TELEPHONE REPAIR-FIRE STATIONS/CITY HALL 1.0 8577973 JUNE 2,1992 24903 PSQ LEASING & MAINTENANCE TELEPHONE REPAIR-FIRE STATION 142.50 24904 R & R SPECIALTIES INC -ZAMBONI BLADES SHARPENED-ICE ARENA- 77.00 COMMUNITY CENTER 4110905 RADIO SHACK -POLICE CALL-POLICE DEPT/CASSETTES-WATER 93.63 DEPT 24906 SCOTT REIN SOFTBALL OFFICIAL/FEES PAID 438.75 24907 RETAIL DATA SYSTEMS OF MN CASH REGISTER TAPE-LIQUOR STORE 151.59 24908 REVERE -CRACK FILLER/BACKING ROD/JOINT SEALER 163.59 CAULKING-WATER DEPT 24909 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-WATERMAIN IMPROVEMENTS/LEONA RD 31199.79 -FEASIBILITY STUDY/MITCHELL RD CONST/ -STARING LN & SUNRISE CIRCLE STREET & UTILITY DESIGN/ROWLAND RD 24910 RORY RISK VOLLEYBALL OFFICIAL/FEES PAID 21.00 24911 RITZ CAMERA -FILM/FILM PROCESSING-FIRE DEPT/FORESTRY 82.05 DEPT/PLANNING DEPT 24912 THE S T ROBB CO DEGREASER-WATER DEPT 69.76 24913 RONS MUSIC & GAMES SUPPLIES-LIQUOR STORE 139.70 24914 CITY OF ROSEVILLE -REIMBURSEMENT OF MUNICIPAL LEGISLATIVE 834.20 -COMMISSION MEETING EXPENSES COLLECTED IN 1991 24915 SAFWAY STEEL PRODUCTS 3 COMPLETE SCAFFOLDING UNITS-WATER DEPT 2593.48 24916 ST CROIX RECREATION CO INC BIG TOY PARTS-PARK MAINTENANCE 280.02 24917 SANCO INC -CLEANING SUPPLIES-FACILITIES DEPT/ 123.06 COMMUITY CENTER 24918 CHUCK SCHAITBERGER EXPENSES-BUILDING INSPECTIONS DEPT 29.00 24919 SCHOOL DISTRICT 281 -CITYS SHARE OF JOINT TRAINING FOR SOUTH 12.50 HENNEPIN SENIOR CENTER ADVISORY BOARD alli920 RON SCHWARTZ VOLLEYBALL OFFICIAL/FEES PAID 270.00 21 SIGN A RAMA USA VEHICLE DECALS-EQUIPMENT MAINTENANCE 283.00 24922 SIGNS R US INC STREET NAME SIGNS-STREET DEPT 182.31 24923 STEVEN R SINELL MAY 92 EXPENSES-ASSESSING DEPT 216.50 24924 SIR SPEEDY PRINTING CENTER -PRINTING FORMS-ASSESSING DEPT/SENIOR 602.00 NEWSLETTER-SENIOR PROGRAMS 24925 ERIC SIT KARATE INSTRUCTOR/FEES PAID 96.60 24926 KARY SMITH SOFTBALL OFFICIAL/FEES PAID 62.00 24927 SNYDER DRUG STORES INC 1ST AID SUPPLIE-POLICE DEPT 29.42 24928 SHERPA 1ST QUARTER 92 SERVICE 2775.50 24929 SOUTHAM BUSINESS COMMUNICATIONS -LEGAL PUBLICATIONS-SCENIC HEIGHTS/DELL RD 457.92 SEALCOATING/COMMUNITY CENTER ADDITION 24930 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-PLANNING DEPT 1300.75 24931 SPECIALTY CONTRACTING INC -REPLACED LIME SLUDGE DRAIN VALVES/ASPHALT 5533. 15 -& TURF RESTORATION BY WELLS/REPAIRED PVC STORM SEWER-UTILITIES DIVISION 24932 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPT/UTILITIES DIV 288.57 24933 STAR TRIBUNE EMPLOYMENT ADS-HISTORICAL & CULTURAL COMM 64.00 24934 EMMETT STARK SERVICE-COMMUNITY BAND DIRECTOR 720.00 24935 STI-CO INDUSTRIES INC VHF CELL/ANTENNA/CABLE KITS-POLICE DEPT 145.28 24936 STOREFRONT YOUTH ACTION INC -1ST QTR 92 YOUTH COUNSELING & REFERRAL 2678.00 SERVICE-COMMUNITY SERVICES DEPT 24937 STREICHERS PROFESSIONAL POLICE EQ -PLUG ASSEMBLY/SWITCH KIT/FLASHLIGHT 4397.96 -REPAIR/FEDERAL SIREN WITH LIGHT CONTROL/ -GRILL LIGHTS/FLASHERS/SPEAKERS/PARTITION/ -LIGHTBAR SYSTEM/GRILL GUARD-POLICE DEPT/ EQUIPMENT MAINTENANCE 5655458 JUNE 2.1992 24938 STRGAR ROSCOE FAUSCH INC APRIL 92 SERVICE-DELL ROAD DESIGN 5267.14 24939 SUBURBAN RATE AUTHORITY 1ST HALF 92 DUES 1500.00 24940 SUMMER HILL TREE FARM INC -TREES/SHREDDED MULCH-EDEN PRAIRIE RD/ 1 0 CEDAR RIDGE RD 24941 SUMMIT ENVIRONMENTAL ENGR & SERVICE-WETLAND/WILDLIFE ASSESSMENT STUDY 794.50 24942 NATALIE SWAGGERT MAY 92 EXPENSES-HUMAN RESOURCES DEPT 205.15 24943 TECHNIFLOW CORPORATION -REPAIRED LEAKING MANHOLE STRUCTURES IN 5520.95 LAGOONS-WATER DEPT 24944 TENNANT COMPANY IGNITION SWITCH-EQUIPMENT MAINTENANCE 15.75 24945 TESSMAN SEED INC FERTILIZER-PARK MAINTENANCE 192.00 24946 KATHY TEKIELA -EXPENSES-AFTER SCHOOL PROGRAM/FLOWER 56.47 ARRANGING INSTRUCTOR-SENIOR PROGRAMS/FEES PAID 24947 LOWELL THONE EXAMINATION FEE-BUILDING INSPECTIONS DEPT 45.00 24948 TIMS QUALITY PLUMBING REFUND-OVERPAYMENT PLUMBING PERMIT 80.00 24949 BETH GERSTEIN TIMM -EXERCISE INSTRUCTOR-SENIOR PROGRAMS/FEES 240.00 PAID 24950 TOWN & COUNTRY DODGE WHEELS/FILTERS-EQUIPMENT MAINTENANCE 196.00 24951 E JOHN TROMBLEY SOFTBALL OFFICIAL/FEES PAID 325.00 24952 TRIARCO ARTS & CRAFTS INC GLUE/MARKERS-KIDS KORNER PROGRAM 30.66 24953 TURF SUPPLY COMPANY FERTILIZER-PARK MAINTENANCE 4504.80 24954 TWIN CITY OXYGEN CO -OXYGEN/ACETYLENE/GOGGLES/REGULATOR/FLINT 184.07 SPARKER/TIP CLEANER-EQUIPMENT MAINTENANCE 24955 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 77.12 24956 UNIVERSITY OF MINNESOTA PUBLICATION-ENGINEERING DEPT 2.99 24957 UNLIMITED SUPPLIES INC -ELECTRICAL & SPEAKER WIRE/TIE WRAP/PLUGS/ 527.64 -WEATHER PACKCRIMPING TOOL/TERMINAL RINGS/ -CONNECTORS/PLUGS/FITTINGS/COTTER PINS- EQUIPMENT MAINTENANCE 24958 VALERIES FRESH FLOWERS EXPENSES-CITY HALL 3 24959 TRIA D VIKESLAND MILEAGE-ADAPTIVE RECREATION DEPT . 0 24960 VIKING INDUSTRIAL CENTER WADERS-PARK MAINTENANCE 261.80 24961 VIKING LABORATORIES INC CHLORINE-POOL MAINTENANCE 241.25 24962 VOSS LIGHTING BALLAST-COMMUNITY CENTER 90.22 24963 WALTERS SWIM SUPPLIES INC -SWIM SUITS/SHORTS-POOL OPERATIONS/ROUND & 1079.25 RILEY LAKE BEACHES 24964 WATER PRODUCTS COMPANY -FLANGE KIT/3 IN METER-$1300/TURBO METER- 1860.00 $500-WATER DEPT 24965 PAUL WELIN SOFTBALL OFFICIAL/FEES PAID 130.00 24966 SANDRA F WERTS MILEAGE/EXPENSES-SENIOR PROGRAMS 47.69 24967 LOIS NEREIM WILDER -MEMOIR WRITING INSTRUCTOR-SENIOR PROGRAMS 180.00 FEES PAID 24968 DORIS WOLTER NAPKINS-HISTORICAL & CULTURAL COMMISSION 7.66 24969 ZACKS INC -HANDLES/SHOVELS/FUNNELS/DUCT TAPE/GLOVES/ 321.05 -EXTENSION CORD/CLEANING SUPPLIES/DEGREASER- PARK MAINT/EQUIPMENT MAINT 24970 ZEE MEDICAL SERVICE -1ST AID SUPPLIES-COMMUNITY CENTER/ROUND 277.50 LAKE BEACH/UTILITIES DIVISION 24971 BRAD ZIOLA SOFTBALL OFFICIAL/FEES PAID 62.00 11000 AMERICAN NATIONAL BANK BOND PAYMENTS 53822.24 11000 NORWEST BANK MN NA BOND PAYMENTS 3762.50 23947 VOID OUT CHECK 176.66- 24132 VOID OUT CHECK 76.74- 24411 VOID OUT CHECK 100.00- 24436 VOID OUT CHECK 7- 24438 VOID OUT CHECK 0- 8366636 JUNE 2.1992 04500 VOID OUT CHECK 53.94- -5394 $682279.58 4111 4111 \ fl DISTRIBUTION BY FUNDS 4111 10 GENERAL 359015.99 11 CERTIFICATE OF INDEBT 9325.41 12 CERTIFICATE DEBT FD 261.24 15 LIQUOR STORE-P V M 39140.86 17 LIQUOR STORE-PRESERVE 28567.05 22 STATE AID CONST 553.15 33 UTILITY BOND FUND 13863.14 37 92 COMMUNITY CTR ADDITION 6005.91 44 UTILITY DEBT FUND 3762.50 45 UTILITY DEBT FD ARB 45342.25 48 89 BLDG REFUNDING 75.00 51 IMPROVEMENT CONST FD 565.57 55 IMPROVEMENT DEBT FUND ARB 8143.75 57 ROAD IMPROVEMENT CONST FD 12867.44 60 IMPROVEMENT CONST FUND 12377.16 62 IMPROVEMENT CONST FD 41841.37 73 WATER FUND 27895.87 77 SEWER FUND 56982.21 81 TRUST & ESCROW FUND 9378.54 86 PARK PROG-CONTRIBUTIONS 220.00 87 CDBG FUND 1807.90 88 MUNICIPAL LEGISLATIVE 834.20 90 TAX INCREMENT FUND 3453.07 $682279.58 4111 1111 {l L CITY OF EDEN PRAIRIE HENNEPIN COUNTY, 1 IINNESOTA RESOLUTION NO. 92-125 A RESOLUTION STATING POSITION ON THE PROPOSED EXTENSION OF RUNWAY 9R-27L FROM 3,900 FEET TO 5,000 FEET • AT FLYING CLOUD AIRPORT WHEREAS, the City Council of the City of Eden Prairie did adopt Resolution 77-150 which opposed any expansion of Flying Cloud Airport to permit its use except as a general utility or minor service airport for the functions of recreation, training and light business with a restriction on aircraft to a 12,500 pound weight, propeller driven, single-or twin-engine, aircraft. Also, that the Metropolitan Airports Commission not adopt Ordinance 51 which, among other things, established a maximum jet aircraft landing weight of 20,000 lbs.; and WHEREAS, the City Council of the City of Eden Prairie did adopt Resolution 79-80 which requested the Metropolitan Airports Commission to discourage the use of Flying Cloud Airport by jet aircraft; and • WHEREAS, the City Council of the City of Eden Prairie did adopt Resolution 88-299 summarizing the findings of the 1988 Flying Cloud Airport Master Plan Interim Report which, among other things, found the reports preferred alternative of extending runway 9R-27L from 3,900 feet to 5,000 feet incompatible with Eden Prairie's Comprehensive Guide Plan; and WHEREAS, the City Council of Eden Prairie did not review, nor has the Metropolitan Council approved the final report of the Flying Cloud Airport Master Plan Update; and WHEREAS, new FAA airport design criteria will require the Metropolitan Airports Commission to establish a 1000-foot object free area at the end of runway 9R, requiring additional westerly expansion, or a variance from this standard by the FAA; and WHEREAS, detailed expansion plans have not been submitted for review by the City Council; and WHEREAS, the expansion of runway 9R-27L would almost certainly result in increased noise and the use of the airport by jet aircraft; and WHEREAS, the proposed expansion has not been shown to provide significant benefits to the City or Metropolitan Area; and S Ii,j5 WHEREAS, a quieter, safer Flying Cloud Airport is in the best interests of the City of Eden Prairie; NOW, THEREFORE, BE IT RESOLVED THAT: • 1. The City of Eden Prairie opposes the proposed extension of runway 9R-27L. 2. The City Council formally notify the Metropolitan Airports Commission, Metropolitan Council, Minnesota Department of Transportation and FAA of the City's opposition to the proposed expansion. 3. The City of Eden Prairie will pursue all appropriate administrative, legal, and other actions necessary to further the position of this Resolution. ADOPTED by the City Council of Eden Prairie this 2nd day of June, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk i STARKEY LABS ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-92-PUD-3-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the I-2 and I-5 Zoning Districts and be placed in the Planned Unit Development 10-92-PUD-3-92 District (hereinafter "PUD 3-92-I-5 and I-2"). Aft Section 3. The land shall be subject to the terms and conditions of that certain Developer's Whigreement dated as of June 2, 1992, entered into between Starkey Laboratories, Inc., a Minnesota Corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement terms and conditions of PUD 3-92-I-5 and I-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 3-92-I-5 and I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 3-92-I-5 and I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD 3-92-I-5 and I-2 are justified by the design of the development described therein. D. PUD 3-92-I-5 and I-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. • Section 5. The proposal is hereby adopted and the land shall be included hereafter in the Plann Unit Development PUD 3-92-I-5 and I-2 District, and the legal descriptions of land in each district referr to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of May, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 2nd day of June, 1992. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of , 199_. Bluffs East 12th Addition 1111 410 II'1 Starkey Labs Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-122 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO.10-92-PUD-3-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY • WHEREAS, Ordinance No. 10-92-PUD-3-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of May, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 10-92-PUD-3-92, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 10-92-PUD-3-92 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on June 2, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • 11/ J STARKEY LABS ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #92-123 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR Starkey Labs Addition WHEREAS, Starkey Labs Addition has applied for site plan approval of Starkey Labs Addition on 20 acres for construction of additional parking on property located at the Northwest corner of Washington Avenue and Hamilton Road, currently zoned I-2 and I-5; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 13, 1992, Planning Commission meeting and recommends approval of said site plan; and, WHEREAS, the City Council has reviewed said application at a public hearing at its May 5, 1992, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Starkey Laboratories, Inc. for Starkey Labs Addition, for construction of additional parking; based on plans dated April 30, 1992, subject to the terms and conditions of that certain Developer's Agreement between Starkey Laboratories, Inc., a Minnesota corporation and the City of Eden Prairie, dated June 2, 1992, for said construction. .11111 ADOPTED by the City Council on June 2, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • 11 -0 STARKEY LABS ADDITION • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1992, by Starkey Laboratories, Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 20 acres, Planned Unit Development District Review within the I-2 and I-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, all on 20 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. 10-92-PUD-3-92, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: • 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on May 5, 1992, revised and dated April 30, 1992, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. S ii o 5. ADDITIONAL REQUIREMENTS: Prior to release by the City of any final plat for the Property, Developer shall submit to the Director of Planning, and obtain the Director's approve of plans to correct the following items: A. The erosion problem to the rear of the existing building on proposed Lot 2. B. Removal of existing outside storage. C. Screening of existing rooftop mechanical equipment according to City Code. Further, Developer agrees to complete these requirements, in a manner approved by the Director of Planning, by December 31, 1992. 6. SITE PLAN REVIEW: Developer acknowledges that any future building expansion plans will require review by the Planning Commission and City Council in accordance with City Code Chapter 11, Subd. 6. "Site Plan and Architectural Design Review." • S ,qo DEVELOPER'S AGREEMENT • EXHIBIT C I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the property required by City Code in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $840.00 per unit/acre. The amount to be paid by Developer shall be increased or decreased to the extent that the City Code is amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose rezoning of said property to Rural. 4111) V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the property herein described. VI. Developer represents and warrants that they own fee title to the property free and clear of mortgages, liens, and other encumbrances, except: Twin City Federal and Aegon U.S.A. Realty With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows: A. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); B. That to the best of Developer's knowledge, Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Property, any Hazardous Substances; C. That to the best of Developer's knowledge, no previous owner, operator or possessor of the • Dedicated Property, nor anyone else with access to the Dedicated Property used, employed, deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated Property any Aik Hazardous Substances; Developer agrees to indemnify and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the property. Developer agrees to develop the property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the property (including installation costs, if any, as determined by electrical power provided), engineering review, and street signs. IX. City shall not issue any building permit for the construction of any building, structure, or improvement on any land required to be subdivided until all requirements listed above have been satisfactorily addressed by Developer. X. Developer shall submit detailed watermain, fire protection, and emergency vehicle access plans to th. Fire Marshall for review and approval. Developer shall follow all the recommendations of the Fire Marshall. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce performance of such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. XII. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be void and of no force or effect to the extent necessary to bring such term within the provision of any such applicable law or laws, and such terms as so modified and the balance of the terms of this agreement shall be enforceable. XIII. Developer shall, prior to the commencement of any improvements, provide written notice to Paragon Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be lk sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota, 55411. moD CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-113 A RESOLUTION APPROVING FINAL PLAT OF STARKEY LABS ADDITION WHEREAS, the plat of Starkey Labs 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 Starkey Labs Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 26, 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 June 2, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • in ! MEMORANDUM TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: May 26, 1992 SUBJECT: Starkey Labs Addition PROPOSAL: Starkey Labs has requested City Council approval of the final plat of Starkey Labs Addition. Located at the northwest corner of Washington Avenue and Hamilton Road, the plat contains 20 acres to be divided into two lots and right-of-way dedication for road purposes. The plat is a consolidation of Lots 1 and 2, Block 1, of Claidon Park, as well as an unplatted 10-acre parcel lying north of the Starkey property to provide for additional parking and future expansion possibilities. HISTORY: The preliminary plat was approved by the City Council May 5, 1992, per Resolution No. 92-86. Second reading of the Ordinance approving the Planned Unit Development Review is scheduled for final review June 2, 1992. The Developer's Agreement referred to within this report is scheduled for execution June 2, 1992. VARIANCES: All variances not granted with the PUD District Review must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways, and walkways are presently in place and serving this property. No further extension of municipal utilities are necessary for this project. There are several existing drainage and utility easements on this property that are not shown on the plat, as well as easements that are not being used and should be vacated. Prior to release of the final plat, the plat should be revised to include all existing drainage and utility easements and all unnecessary drainage and utility easements must be vacated. PARK DEDICATION: The requirements for park are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Starkey Labs Addition,subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of engineering fee in the amount of$2,000. 2. Revision of plat to include existing drainage and utility easements. 3. Vacation of all unnecessary drainage and utility easements. JJ:ssa • cc: Dale Thorsted, Starkey Labs Ron Krueger & Associates 1/7 MEMORANDUM • TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Natalie Swaggert, Dir. of Human Resources & Services Kevin Schmieg, Dir. of Inspections, Safety & Facilities DATE: May 29, 1992 SUBJECT: Ordinance #23-92 to Adopt Rental Housing Code Three community information meetings were held to present the proposed Rental Housing Code to Eden Prairie-rental property owners/managers and tenants. The code was explained and time was provided for questions. There was general acceptance of both the content and need for the code in Eden Prairie by all participants. Strong support for adoption of the Rental Housing Code was stated by Steve Schatchmann who is a property manager for 7000 rental units, 1200 of which are located in Eden Prairie. As stated earlier the focus of the code is to ensure that minimum • health and safety standards are provided for in all residential rental units. City administration of this code will be performed on a complaint-only basis, utilizing our existing building inspections staff. We are recommending at this time that no inspection fee be established for this service. RECOMMENDATION Staff recommends that the Council approve the first reading of Ordinance #23-92 as proposed and indicate any changes needed prior to the second reading. NJS:KS:bmm CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER ENTITLED " ," BY ADDING A NEW SECTION, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Chapter is amended by adding Section to read as follows: "SECTION . RENTAL HOUSING. Subd. 1. Purpose. The purpose of this section is to provide minimum standards to safeguard life or limb,health, property and public welfare by regulating and controlling the use and occupancy, construction and maintenance of all residential rental buildings and structures within the City. The provisions contained herein are in addition to other applicable provisions of the City Code and not in lieu thereof. Any provisions contained herein which are inconsistent or in conflict with any other provision of the City Code shall supersede such other provisions. Subd. 2. Scope. The provisions of this Section shall apply to all rental buildings. Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this Section shall apply to the separate portions as if they were separate buildings. Subd. 3. Enforcement. A. Authority. The building official is hereby authorized and directed to enforce all of the provisions of this section. B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Section, or whenever the building official or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this Section. If such building or premises is occupied, the building official or representative shall first present proper credentials and request entry; if such building or premises is unoccupied, a reasonable effort shall be made to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or representative shall have recourse to every remedy provided by law to secure entry. C. Substandard Buildings. All rental buildings or portions thereof which are determined to be substandard as defined in this Section constitute a violation of this Section and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Subdivision 10 of this Section. D. Modifications. Whenever there are practical difficulties involved in carrying out the provision of this Section, the building official may grant modifications for individual cases, provided that the modification is in conformity with the intent and purpose of this Section and that such modification does not reduce the • level of any fire-protection requirements or structural integrity. The details of any action granting • modifications shall be recorded and entered in the files of the building official. E. Building Code Board of Appeals. Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this Section shall be heard and decided by the Building Code Board of Appeals. The procedures for review or appeal shall be those set forth in Subdivision 11 of this Section. F. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish,equip,rent or let to another,use,occupy or maintain any building or structure or cause or permit the same to be done in violation of this Section. Subd. 4. Definitions. For the purpose of this Section, certain terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the Uniform Building Code. A. "Apartment house" is any rental building which is intended or designed to be occupied or which is occupied as the home or residence of three(3) or more families living independently in separate dwelling units and doing their own cooking in the rental building. B. "Building Code" is the Minnesota State Building Code adopted by the City. C. "Dwelling" is any rental building which is not an apartment house, lodging house or a hotel and which contains one or more dwelling units. D. "Dwelling unit" is a single unit situated within a rental building providing complete, independent living facilities for one(1)or more persons including permanent provisions for living,sleeping, eating,cooking and sanitation. E. "Efficiency dwelling unit" is a dwelling unit containing only one (1) habitable room and meeting the requirements of Section 1208 of the Building Code. F. "Family" is an individual or two (2) or more persons related by blood, marriage or adoption, including foster children and bona fide domestic servants employed on a full-time basis. G. "Guest room" is a habitable space in a hotel or lodging house designed or intended to be used or occupied or which is used for sleeping purposes by guests. H. "Habitable space" is a space or room in a rental building for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. I. "Hotel" is any rental building or portion thereof containing six (6) or more guest rooms. J. "Hot water" is water supplied to plumbing fixtures at a temperature of not less than 110 degrees F. K. "Lodging house" is any rental building containing not more than five (5) guest rooms. L. "Rental building" is any building or structure or portion thereof used, designed, or intended to be used for human habitation and for which use the owner receives, is entitled to receive or will receive consideration • in the form of money, goods, labor, or otherwise. Consideration does not include compensation received by a family member from another family member living in the same dwelling unit. Subd. 5. Owner and Occupant Responsibilities. A. Owner. 1. Owners of rental buildings shall construct and maintain said buildings in accordance with the requirements of this Section. 2. No persons shall willfully or wantonly damage, mutilate or deface any exterior surface of any rental building by placing thereon any marking, carving, or graffiti. It shall be the responsibility of the owner to restore said surface to an approved professional state of maintenance and repair. 3. No person shall let to another for occupancy any rental building or dwelling unit which does not comply with the applicable fire prevention provisions. B. Occupants. 1. Each occupant of a rental building shall keep in a clean and sanitary condition that part of the dwelling unit and premises thereof which that person occupies or controls. 2. Every occupant of a rental building shall dispose of garbage and rubbish in a clean and sanitary manner by placing it in the disposal facilities. 3. No person shall occupy any rental building or dwelling unit which does not comply with the applicable fire prevention provisions. Subd. 6. Space and Occupancy Standards. • A. Light and Ventilation. 1. Each habitable space in a rental building shall be provided with: a. Natural light by means of exterior glazed openings with an area not less than one-tenth of the floor area of such rooms with a minimum of ten (10) square feet, and b. Natural ventilation by means of openable exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a minimum of five (5) square feet. 2. Bathrooms, water closet compartments, laundry rooms and similar rooms within a rental building shall be provided with natural ventilation by means of openable exterior openings having an area not less than one-twentieth of the floor area of such rooms with a minimum of 1-1/2 square feet. 3. Exterior glazed openings required for natural light and exterior openings required for ventilation shall open directly to the outside. Windows may open into a roofed porch where the porch: a. Abuts a street, yard, or court; and b. Has a ceiling height of not less than seven (7) feet; and c. Has the longer side at least sixty-five percent (65%) open and unobstructed. 4. For the purpose of determining light and ventilation requirements, any habitable space may be • considered as a portion of an adjoining habitable space when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five(25) square feet, whichever is greater. 5. Mechanical Ventilation. In lieu of exterior openings for natural ventilation, a mechanical ventilation system connected directly to the outside may be provided. a. Such system shall be capable of providing two (2) air changes per hour for each room in habitable space. One-fifth of the air supply shall be taken from the outside. b. In bathrooms,water closet compartments, laundry rooms and similar rooms a mechanical ventilation system capable of providing five(5) air changes per hour shall be provided. B. Sanitation. 1. Dwelling Units and Lodging Houses. Every dwelling unit and every lodging house shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory,and either a bathtub or shower. 2. Hotels. Where private water closets, lavatories and baths are not provided in a hotel, there shall be provided on each floor for each sex at least one(1)water closet and lavatory and one(1) bath accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one(1) for every additional ten(10)guests, or fractional number thereof in excess of ten (10). Such facilities shall be clearly marked for "Men" or "Women." • 3. Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted. 4. Fixtures. All plumbing fixtures in rental buildings shall be connected to a sanitary sewer or to an approved private sewage disposal system. Said plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation. Said plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material. 5. Room Separations. Every water closet, bathtub or shower required by this section shall be installed in a room which will afford privacy to the occupant. A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight-fitting door. Subd. 7. Mechanical Requirements. A. Heating. Each rental building shall be provided with heating facilities capable of maintaining a room temperature of seventy degrees F. in each habitable space at a point three (3) feet above the floor. Said facilities shall be installed and maintained in a functional and safe condition. B. Electrical. Where there is electrical power available within three hundred(300)feet of any rental building, said rental building shall be connected to such electrical power. Every habitable room shall contain at least two(2)electrical convenience outlets or one(1)convenience outlet and one(1)electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one (1) electric light fixture. • C. Ventilation. Where mechanical ventilation is provided in lieu of the natural ventilation required by Subdivision 5 of this Section, such mechanical ventilating system shall be maintained in operation during the occupancy of any rental building or portion thereof. Ventilation systems in parking garages under • apartments shall be installed in conformance with the Building Code and maintained and operated as installed. The entire ventilation system must be maintained in proper working order at all times. Subd. 8. Exits. Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. Every guest room and habitable space intended for use as or used for sleeping shall have at least one(1) operable window or exterior door approved for emergency escape or rescue. Such doors or windows shall be operable from the inside to provide a full, clear opening without the use of separate tools. Subd. 9. Substandard Buildings. A. General. Any rental building or portion thereof,including any dwelling unit,guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb,health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard rental building in violation of this Section. B. Inadequate Light and Ventilation. Inadequate light and ventilation shall include but not be limited to the following: 1. Lack of, or improper operation of required ventilating equipment in a rental building. 2. Lack of minimum amounts of natural light and ventilation required by this section. 3. Lack of required electrical lighting in a rental building. C. Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the following: 1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging • house. 2. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3. Lack of, or improper kitchen sink in a dwelling unit. 4. Lack of hot and cold running water to plumbing fixtures in a hotel. 5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. 6. Lack of adequate heating facilities in a rental building. 7. Dampness of habitable space. 8. Infestation of insects, vermin or rodents. 9. General dilapidation or improper maintenance of a rental building. 10. Lack of connection to required sewage disposal system. 11. Lack of adequate garbage and rubbish storage and removal facilities as determined by the building official. D. Structural Hazards. Structural hazards shall include but not be limited to the following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to carry imposed loads with safety. 4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. 5. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety. 6. Members of ceilings, roofs,ceiling and roof supports or other horizontal members which sag,split • or buckle due to defective material or deterioration. 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. 8. Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration. 9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. E. Hazardous Electrical Wiring. Electrical wiring hazards shall include but not be limited to the following: Electrical wiring which was installed in violation of laws in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no laws were in effect or which has not been maintained in good condition or which is not being used in a safe manner. F. Hazardous Plumbing. Plumbing which was installed in violation of laws in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no laws were in effect or which has not been maintained in good condition or which is not free of cross- connections or siphonage between fixtures. G. Hazardous Mechanical Equipment. Mechanical equipment which does not comply with the mechanical requirements of this Section and which was installed in violation of laws in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no laws were in effect or which has not been maintained in good and safe condition. H. Faulty Weather Protection, which shall include but not be limited to the following: • 1. Deteriorated, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. 3. Defective or insufficient weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. I. Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved under the applicable laws and which have been adequately maintained in good and safe condition. J. Hazardous or Unsanitary Premises. Premises on which an accumulation of weeds, vegetation,junk,dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or other conditions exist. K. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. Subd. 10. Notices and Orders of Building Official. A. Notice. Whenever the building official determines that a rental building is a substandard building,or that any other violation exists under this Section,or that there are reasonable grounds to believe that a violation exists, notice shall be given to the person or persons responsible therefore. Such notice shall: 1. Be in writing. • 2. Include a description of the real estate sufficient for identification. t �l/ 1� L° 3. Describe the conditions found to constitute the violation. 4. Specify the remedial action required. • 5. Require that any permits necessary to effectuate remedial action be secured and the work physically commenced within twenty (20) days and completed within such time as the building official shall determine is reasonable under the circumstances. 6. State that a motion for summary enforcement of the order will be made to the District Court unless, within twenty(20)days, work is physically commenced or an answer is filed as provided for in Minnesota Statutes, 1990, Section 463.18. B. Emergency Orders. Whenever the building official finds that an emergency exists in relation to the enforcement of the provisions of this Section which requires immediate action to protect the health, safety or welfare of occupants of any rental building, the building official may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this Section. When any such emergency shall be declared to exist the building official immediately shall report the same in writing to the city council. Every notice of emergency shall include the following language: "If you do not comply with this Order by the above date, the City may remedy the violation and assess the costs to you or allow the occupants to make the repairs and deduct the expense from the occupant's rent." Subd. 11. Appeal. A. Right to Appeal. Any person entitled to service under this Section may appeal from any notice and order served by the building official. 1111 B. Procedure. Appeal shall be made to the building official within fifteen(15)days after the notice and order is served. The appeal shall be made in writing and contain a brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. C. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the building official shall fix a date, time and place for hearing of the appeal by the Building Code Board of Appeals. Written notice of the time and place of the hearing shall be given at least ten(10) days prior to the date of the hearing to each appellant by the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. D. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this Section shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof. Subd. 12. Enforcement of the Order of the Building Official or the Building Code Board of Appeals. A. Compliance. After any order of the building official or Building Code Board of Appeals made pursuant to this Section shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. B. Failure to Obey Order. If, after any order of the building official or Building Code Board of Appeals made pursuant to this Section has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (1) cause such person to be prosecuted under • subsection 1 of this subdivision or (2) commence an appropriate action in District Court." Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on , 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 ATTEST: • John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the day of • 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.Foxnanager of Parks and Natural Resources DATE: May 28, 1992 SUBJECT: Request by Kevin and Jonni Strathy to Regrade Their Backyard Attached to this staff memo is a letter signed by the Strathy's that outlines the work that they would like to undertake in their backyard at 11787 Welters Way. I've attached a copy of the landscape plan that they are proposing, as well as a map showing their lot in conjunction with the City outlot and scenic easement that is behind their property. The Strathy's have met with three staff members and have outlined that they would like to remove the existing retaining wall from their backyard and relocate a new stone retaining wall on the edge of the scenic easement. In addition, the stone retaining wall would actually infringe • on the scenic easement on the most northwesterly portion of their property. In reviewing the request, the staff visited the property and spoke with Mrs.Strathy and also inventoried the trees that are in the scenic easement behind their home. An inventory of these trees show that the largest trees are oak trees, primarily red and burr oaks, and the majority of the understory trees are divided between ironwood and basswood. There are a few other singular trees; namely, one black cherry, one elm, and one trembling aspen. The scenic easement area behind the Strathy residence was the result of the platting of the area into a subdivision entitled Welter Purgatory Acres Second Addition. In February of 1988 the City received a scenic easement covering the rear portions of Lots 1 through 8 of Block 3, Lots 1 and 2 of Block 4 and Outlot A. The terms and conditions of the scenic easement are as follows: A. The easement area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted upon the easement area, and no trees, shrubs or other vegetation shall be moved from the easement area without the prior written consent of the City. B. No building, road, sign, billboard, utility or other man-made structure shall be placed in the easement area without the prior written consent of the City. C. Grantor assumes the obligation of maintaining the easement area, subject to the • provisions hereof. I Strathy Request May 28, 199241111 Page 2 D. No trash, waste or other offensive material, soil or landfill shall be placed upon or within the easement area without the prior written consent of the City. E. No change in the general topography of the easement area landscape, including but not limited to excavation, dredging, movement or removal of soil, shall be made without the prior written consent of the City. F. The duration of the scenic easement is perpetual. I believe that the Strathy request for infringement on this scenic easement area takes into account two of the points of the agreement; namely, Point A - that the area be preserved predominantly in its natural condition and also Point E - that no change in general topography of the easement area landscape be done without the prior written consent of the City. It is because of that clause that the staff would like to have the Parks, Recreation and Natural Resources Commission and City Council review the proposed plan and make a determination if this work falls within the guidelines as spelled out in the terms and conditions of the scenic easement document. EVALUATION OF PROPOSED IMPROVEMENTS: 1. Goal to solve water problem. The proposal of this plan is to provide for better runoff of water in their backyard. To do this, they are proposing to remove the existing timber wall and excavate between 8 and 13 feet of the yard back to the scenic easement line, and install a field stone boulder wall. Comments on installation of wall. A. To correct the water drainage problem in the backyard, there are two methods by which this could be accomplished. The first is to bring additional fill in and actually fill against a portion of the existing retaining wall. That would provide drainage from the backyard and allow for drainage around the northerly side of the house and out towards Welter Way. B. By removing the existing retaining wall, building a new wall and utilizing the material that is excavated they would be able to fill a portion of their backyard and accomplish the same goal of getting a more positive drainage toward the front yard. C. A third alternative that hasn't been proposed, but might be considered by the homeowner would be to install a series of trenches filled with PYC drainage pipe that could provide a more positive subterranean flowage for water thereby eliminating the need to regrade their existing yard. I ;C' 2\ Strathy Requestr • May 28, 1992 Page 3 2. They wish to clear tall grass and underbrush behind the proposed retaining wall to eliminate or reduce the possibility of deer ticks, in particular the deer tick which carries lyme disease. The staff would like to also note at this time that Mrs. Strathy did have lyme disease and is very concerned about reoccurrence to herself or infestation of her family members by this particular disease. Comments on this proposal. A. The plan to remove several of the trees from the area does not seem to be necessary since the majority of the trees are desirable understory species such as ironwood and basswood. These trees are very shade tolerant and will do nicely in the understory area of the existing oak trees. B. The existing understory area of the woods is a mixture of low growing shrubs and grasses. The information that is provided by the experts at the University of Minnesota indicates that deer ticks do inhabit these areas and the primary carrier of the deer tick, the white footed mouse, would probably be present in an area similar to this. However, the proposal to groom this area could raise questions as to whether or not this is a permitted use under the terms of the scenic • easement. The staff would suggest that in this case a more complete landscaping plan would be necessary to evaluate exactly what is intended to be done in this understory area to eliminate a potential tick habitat, especially since the majority of the plants that are already growing there are shade tolerant and would be the species most suitable to be put back in the understory area. C. Removal of any understory brush in this area would certainly provide a clear view of the creek as well as the area across the creek. The primary thing that needs to be evaluated in this is whether or not this activity would be setting a precedent for adjacent property owners that are also impacted by the scenic easement agreement. 3. Their final point is to regrade a natural ridge in their backyard. Comments on this natural ridge. A. The ridge line that has been created in the backyard is primarily due to the grading of the house pad and the backyard areas. The topography of the original plan showed that there was a natural slope away from the creek in this area. B. The addition or relocation of a retaining wall would push back the break point of the ridge towards the creek and would make the drainage split in a more even • fashion. 119 Li Strathy Request May 28, 1992 • Page 4 SUMMARY OF PROPOSED WORK: The work that has been requested by Mr. and Mrs. Strathy is one that needs to be considered very carefully. The initial regrading by itself, in other words, the relocation of a retaining wall does not impact the scenic easement line except on the very northerly point where it wraps around the large existing oak tree. The staff would recommend that the Parks, Recreation and Natural Resources Commission and City Council carefully consider the request and review it in light of the scenic easement that was requested by the City at the time that this property was developed in the late 1980's. The staff feels that there are basically three courses of action that could be taken upon this request, and they are: 1. To allow the Strathy's to relocate their retaining wall and correct the drainage problem as they proposed and allow regrading of the woodland area. 2. That the City permit the relocation of the retaining wall, but do not permit any change of the woodlands or understory area as outlined within the terms of the scenic easement. 3. That the Strathy's take a look at filling on their existing retaining wall to correct the drainage problem and combined with utilization of drain time systems proceed to correct the drainage problem without regrading or installation of any additional retaining wall. Whichever course of action is taken will have to be clearly communicated since the staff will more than likely get additional requests similar to this one that will impact other areas of this particular stretch of Purgatory Creek, as well as other areas of the City where we do have scenic and conservation areas abutting homeowner's backyards. 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MEMORANDUM • TO: Mayor and Councilmembers THROUGH: Carl Jullie, Manager City of Eden Prairie FROM: Communications and Recognition Committee Natalie Swaggert, Management Liaison DATE: May 29, 1992 SUBJECT: Community Recognition Awards Program Purpose of the program: To provide a uniform guideline for the recognition of individuals and organizations that have contributed in exceptional ways to the work of the City and the betterment of the Community. • The goal of the program is to provide timely recognition and to avoid duplication of recognition and awards given by other organizations. The program does not replace existing recognition programs such as commission member recognition or the annual Human Rights Award. The program provides for five levels of recognition: LEVEL ONE A thank you letter, program recognition LEVEL TWO Certificate of Participation, unframed Certificate of Achievement, unframed LEVEL THREE Certificate of Appreciation, mounted LEVEL FOUR A laser-cut plaque with suitable engraving LEVEL FIVE A "Key to the City" • -next page- Page Two External Recognition Program • May 19, 1992 Recognition process Level One awards will be handled at the department level. Thank you letters will be personalized to reflect the contribution and will follow the standardized City format. Level Two. Three. and Four awards are done through a nomination process. To nominate an individual or group for an award, a Council member or Staff member completes the Request For Recognition Form (see attachment) and submits it to the Community Services Department. • Level Two awards will be reviewed and prepared by the Community Services Department. • Level Three and Four awards will be reviewed by the Communications and Recognition Committee on an "as needed basis". The Community Services Department will maintain an inventory of certificates and plaques and will prepare the recognition awards in a timely manner. Presentations of award will normally be done at a City Council meeting. Level Five awards will follow the prescribed Council guidelines and will be handled through the City Manager's office. Presentation will be done as appropriate. Recommendation Staff recommends that the Council endorse the program developed by the Communication and Recognition Quality Management Committee. NJS:pb co • NJS corres/m-ext recog prog. Pb:Hucog/Awaros ErTp Aucog Com S S COMMUNITY RECOGNITION AWARDS PROGRAM AWARD CRITERIA EXAMPLES LEVEL ONE* For a monetary contributions of less than$1,000 which have been Concerts-In-The- Parks, A?hank,you letter; designated for a special program. A thank-you letter is sent with appropriate Martin Luther King,Jr. Celebration program/flyer recognition recognition printed in the program/flyer for the event. LEVEL TWO* For a specific program or project when a lot of people are participating. "Clean-up Eden Prairie Day" Certificate with City City Seal Certificates are available with or without participate's name. Safety Camp Parchment LEVEL THREE A Certificate of Appreciation (mounted on a wood plaque) 1) Monetary Contribution For financial contributions of$1,000 -$4,999 Large financial contributions designated for special purposes -- 2) Commendation For outstanding achievement in one of two areas: Volunteer driver(over 500 hours)for the a) Significant benefit to the community Senior Center b) Significant contribution to the community 3) Community Service For service resulting in a significant benefit to the community Community service organization projects LEVEL FOUR Wood Plaque-Lazer Cut For outstanding-'one-time'-contributions/projects (9 x 12) For financial contributions over$5,000 •Lionesses-contribution of$15,000 for amphitheater stage. • Senior Center Quilters-Heritage Quilt LEVEL FIVE Recognition is determined by the Mayor and City Council. •Organizations/Individuals investing significant (A "Key to the City') • For outstanding contributions, service or achievements by individuals/ energies to the City organizations •Residents/local organizations bringing positive •To extend goodwill and significant attention to the City •To foster international relations •Visiting elected officials •Visiting National/International representatives NOTE: It is possible to have two levels of certificates given. For example:The Prairie Restoration project started by a high school class;the students could receive a LEVEL TWO certificate and the teacher a LEVEL THREE certificate. REQUEST FOR COMMUNITY RECOGNITION (Levels 2, 3, and 4) Nominee's Name (Person/Group) • Address Telephone Nominator's Name Telephone Date of Project or Contribution Explanation of contribution or achievement. • For Committee Use LEVEL TWO Participation Certificate,(unframed) LEVEL THREE Certificate of Appreciation,(mounted) Monetary Contribution$999 $4,999 Commendation:significant benefit to the community Commendation: significant contribution to the community Community Service LEVEL FOUR Plaque with laze!'cut logo Contributions over$5,000 Individual/group case-by-case basis LEVEL FIVE "Key to the City Organization/individuals investing significant entergies to the City. Residents/local organizations bringing positive and significant attention to City. Visiting elected officials ill National/international service organizations conventions held in the City. Service organization officials in foreign countries. Turn in completed form to Community Services Department- Attention: Pat Barker req.comm. recog. PB: recog.cmte. ! 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I/ s r s Lr y,, ....11Lu�.+, Sil,r�.�.;:r_�,Lu 1il�4_.rz ur.. :->G 6. * •l ''40{F0 on- 4;tirgv vt_,,,,nY4;1; 'vu3nvar nz,p;i lr }Yvvlr4_W �qiv}i • r' - t[ I'``W\ -- Ct + ;l fr 4t r *: Certiflcate o Appreciation 4. 3:,..,,..t., ,.. 3.".q..f.".z":,..:-0 ;-,°- _N' on behalf of the4. i -_ " City of Eden Prairie r` ." z:S _ presented to + _•• _.- 'i El .. .. i''� r = ;;*kfin recognition of an outstanding community service4. __ :, -_ "'`�i resulting in a significant benefit to the community. - •2_2 =''= Mayor =•: a-�_ = r Ay,• + Seal l _- Y_-z.:, . i ,�<-fir. =-•••- + City Manager Y - -__ - • ► •••:mow:a f mate ,-r ,� - �lPti� fi =• s ,.L` �,-,-=c ,533?: 1 u la u �3 5:`.�` .z".tc-ar ?cn� r. .. ..rai vilfi .n SSn/cn an n.�cn{}:ti.- 1. -Z4-'SM4,1C$8Ca4'} / / / I . / 1 f r t 1 T� j T,Z- I A'1}- ��11 -1 TTI�-•--•s^-'TT,..-.�.a �t.---r r_..�• �.,1.�.`.� .fit.-.�.�-..-a •. i i i r i ! /.• •• ::1•• ••4; :•1/ a ;1 • 1 �, rlr► 44: 7;;1 I 1 I \ • 4� .r. �••► Q•� :r/,� .¢••♦; •1 l•1 P• • : 3 •► •• •«4!Is f• 1.1;. •-•• 1, ,. f••1- .. �••4R ;„�;. �••1- ®• C. 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'yi.111`C•?.. ``: fff'r '�/1i1411:�'' a//1i111►:• r,e111,��•.. ;,�11111��;. :•Ii1�/1•t. !�IIi1r11•. 111;.• .;;r// �„/l/ll ':////�IIr� s;;• 1 .. l�j�11`` ;.f,/11., .• •��� �.,� i Edon pram = In appreciation the City of Aden Prairie . recognizes the Aden Prairie Senior Center Quitters for their contribution to the community for creating the Aden Prairie Heritage Quit Presented this 19th day of November; 1991 • � J lid ^ , MEMORANDUM TO: Mayor and City Council • FROM: Carl J. Jullie, City Manager DATE: May 29, 1992 SUBJECT: 1992 Goals for City Manager My January 17, 1992 memo to the City Council listed ten goals which would become the new basis for my next performance review. Following is an update on progress toward these goals and some elaboration of specific objectives: 1. Facilitate and promote ongoing total quality management activities within the City departments. Progress: Please refer to the attached summary memo of March 19, 1992. In addition, staff work in the area of employee safety continues to win awards and substantial rebates on our insurance premiums. Also a new employee safety incentive program is off to a very good start. The attached memo of May 7 from Wayne Estenson, Safety Coordinator, summarizes the many safety suggestions we have already received. 2. Facilitate and promote ongoing strategic planning with the City Council and Staff leading to an updated mission statement and supporting value statements. 1111 Progress: Our next workshop session is tentatively scheduled for Tuesday, June 9. Attached is a copy of our current mission statement and supporting goals. As our Council/Staff workshops continue, we will need to review and amend, as appropriate, the overall mission and goals statement. The recent strong approval of the park bond referendum and many positive comments from the public regarding the CPT building purchase, indicates that our fiscal planning for capital needs has been effective and well-received by the citizens. 3. Develop a policy manual listing the major policies which the Council approves and staff implements; distinguish between Council's role to review and approve policy and staff's role to prepare and administer implementation procedures. Progress: We plan to dedicate one Council/Staff workshop to review the policies applicable to each departmental function. So far the Assessing Department and its functions/policies have been addressed. An outcome is the Council's appointment of a citizen board to do the valuation appeals for this year. The process worked very well and the five realtors who participated added • credibility to decisions made because of their expertise in property values. Next on the list is budgeting and finance. Mayor and City Council May 29, 1992 • Page Two 4. Develop ways to monitor and measure performance of each City department. Progress: Part of the total quality management process is to develop ways to track data and measure changes therein, which will be an indication of the effectiveness of the total quality management approach. For example, some things we can (and do) measure are • Citizen response to follow-up survey cards sent by the Police Department • Length of time it takes to process building permits • Accidents and injury data for City employees • Annual survey of developers • Assessing Department - sales ratio studies. • Biannual citizen/business survey • Issues raised/resolved in annual audit report • • Community Center attendance/fees/satisfaction surveys Other methods to measure performance in each department will be pursued through both TQM and the upcoming 1993 City Budget process. 5. Development ways to enhance and promote a positive image for the City of Eden Prairie. Progress: We are working with a committee of the Eden Prairie Chamber and School District officials to prepare a new community brochure which will highlight the many positive aspects of the City. Production of a promotional video is also on our agenda. We have begun an outreach program to visit with the top businesses in Eden Prairie to see what their needs and expectations are and how we can better serve them. Each City department has been encouraged to pursue appropriate awards and recognition which will bring attention to our programs. For example, Officer Curt Oberlander recently won Honorable Mention in the Police Officer of the Year competition. Some other positive events so far this year include the Martin Luther King, Jr. event at City Hall,' • the Rotary Club's Jerry Burns' Day Celebration, and the Community Center Ten-Year Anniversary celebration. Mayor and City Council • May 29, 1992 Page Three 6. Assume a more active and visible leadership role. Progress: I have taken more opportunities to appear and participate in events outside of City Hall. For example, I am participating in the Leadership Exchange Program with the Chamber and School District, Jerry Burns' Day Celebration, the Martin Luther King, Jr. Day Celebration, the Community Center's Anniversary Celebration, and several other "open house" types of events. I continue to represent the City as Chairman of both the Municipal Legislative Commission Operating Committee and the Cable TV Commission Operating Committee. I spoke at the Fire Department's 25th Year Anniversary Celebration and to several groups regarding the Park Bond Referendum. I participated in the Chamber's membership drive and I have been meeting with business people to determine their needs. I have been very active in the work of directing staff and consultants during the CPT building purchase process. I also presented a lecture to a graduate class at the University of St. Thomas School of Business. Most of my days are almost fully consumed with meetings and discussions with people relating to Eden Prairie issues. • 7. Pursue additional continuing education and interpersonal skills training. Progress: I have attended the following in the areas of continuing education - • "Customer Focus" business seminar presented by Mr. Howard Hyden • An SLUC business seminar titled "Government: Treating the Citizenry as Customers" • An SLUC business seminar reviewing pending legislation at the current legislative session • A forum presented by the Metropolitan Council discussing development forecast for the region • "Quality Services from City Hall" seminar and other sessions at the National League of Cities • Annual Conference • Seminar at the University of Minnesota titled "Reinventing Government Services", featuring author and consultant Ted Gabler • • Also I recently completed a Dale Carnegie class on "Effective Presentations, Video Productions, and News Media Interviews" Mayor and City Council May 29, 1992 • Page Four 8. Develop an updated financial plan for the City, including budgeting goals. Progress: By mid-year I plan to have a report indicating an update of our Capital Improvement Program, and a three-year financial projection with property tax . implications. Our primary budgeting goal continues to require that our spending not be in excess of the rate of inflation and new growth. Efficiency and cost-saving ideas are an integral part of the total quality management process, including our budgeting program for 1993. The public is indeed demanding to see good value for their tax dollars spent and a stop of escalating taxation from all sections of their government. This is our primary challenge for the 1990s. 9. Resolve City Hall acquisition and provide for a smooth transition to new City offices. Progress: As Councilmembers know, we did negotiate a very favorable purchase price for the CPT building. The CHR Company has objected to the proposed uses of the building and has so far blocked our progress toward • closing the sale. Our current strategy, however, should enable us to gain very good control of the situation within two - three weeks. I will continue to keep Councilmembers closely informed. 10. Aggressively promote voter approval of the 1992 Park Bond Referendum. Progress: City staff, especially Bob Lambert and the Parks Department staff, plus the citizen committee and City Councilmembers, all did a wonderful job in achieving approval of the Park Bond Referendum. The large margin of victory is a tribute to our determination and team work. I believe this victory sets a new, positive tone for the City. CJJ:jdp Attachments • MEMORANDUM TO: Craig Dawson Carl Jullie Natalie Swaggert FROM: Tom Buchner DATE: 19, March 1992 SUBJECT: PROGRESS SUMMARY-QUALITY IMPROVEMENT TEAMS I. What we've achieved to date: a.) Teams focused on key quality-related issues. The three new committees are tackling important need areas -important to the city management and to customer service improvement. Although the magnitude of these projects is a challenge to the teams, they are "foundation issues," and promise extensive impact throughout the organization. •Phone committee -Direct impact on employees (internal customers)and external customers. If recommendations are implemented, customers will take immediate notice. Although a new phone system is expensive, a short payback is possible through reduced internal waste and improved customer satisfaction. •Technology committee-Also promises benefits to internal and external customers. Well integrated systems will improve coordination, reduce waste and ineffectiveness and project an improved image to the council. Customers will • receive better information more quickly. • Recognition/Communication committee - Primarily focused on employee's needs, this committee is addressing fundamentals of a high quality environment. Improved communication, information flow and recognition will encourage and support employees to take more satisfaction from their work and provide improved services to customers. • Sara Title III and Safety committees -Both were established before our current efforts and are doing well. Through cross membership and training opportunities, they are benefitting indirectly and may be able to improve their effectiveness. b.) Beginning of cultural change. Through the committees, leaders and members are seeing/feeling increased involvement. They are experiencing management "letting go" of high priority tasks and testing out their abilities to contribute through the team approach. They are catching initial glimpses of the work involved and the significant level of impact they can have. Other areas of change include: - • Leaders and members are developing group skills and problem-solving skills. • Participant's morale levels may be increasing. • Increased sense of urgency among committee members. I r c.) Framework established for team/committee efforts. Leaders, members and managers have worked out many of the team startup and management issues that will help future teams launch themselves successfully. The model that has emerged includes clear roles, member selection and team size, project definition and action planning guidelines. Management has identified several keys to the success of teams at Eden Prairie, such as clear project expectations,appropriate pace,and time commitment levels. There is better understanding of what teams require and how many teams can be supported simultaneously. Management liaisons have provided effective levels of support and interest in what the teams are doing without unwanted influence. Basic support materials have been developed including the leader's handbook and key forms such as the team charter, action plan, and meeting agenda. II. What is yet to be achieved: a.) Visibility and promotion. Because the current teams are engaged in very important projects, their efforts should be stressed to council members and city residents. Internally, there may be room to improve communication about these teams to other employees. b.) Comprehensive documentation. At the team level, they are finding their way (e.g., action plan, etc.), yet a clearer set of documentation requirements is needed. At the program level, less progress has been made. A documentation plan is needed that connects the need for quality improvement to team activities and finally to results generated. There may be need for cost/benefit documentation. c.) Operation or process level teams. The current committees are working on organization-wide issues of more the "opportunity exploration" type. Other opportunities exist for improving specific service processes or solving problems using short term,operations-level teams. The development review team would have been in this category, but even it would have been relatively large scope. Eden Prairie can benefit by identifying some "low hanging fruit" as targets for short term teams. d.) Continued training. We've avoided a common problem: dumping on too much training early before teams can get their feet wet. The leader training was valuable in that it addressed urgent, common concerns, yet it only went so far and additional training sessions for that group may be desirable. To help team members, a brief member handbook may be needed. III. Steering committee needs: I consider the steering committees greatest need to be for a stronger sense of purpose in guiding the quality improvement effort. In particular: • � d ; 1 •Identifying processes within the organization where quality improvement efforts are needed, relating those needs to strategic plans, and providing initial targets or • benchmarks for service quality levels. •Organization-wide service level goal setting and measurement. •Redefining TQM for Eden Prairie IV. The future of TQM at Eden Prairie: Building on much of what I've already written, I suggest the following points of emphasis: •Increasing awareness and understanding of customer expectations. •Measuring key service performance levels. •Using teams and individual initiative to improve quality performance through system redesign/continuous improvement. • Building communication: up, down, and laterally. •Continuing training efforts beginning with customer service. • • COMMITTEE WORK PLAN Name of Committee: ,eader: Management Liaison: Committee Membership: Goal: Tasks/Projects (Describe): • List Methods and Timeframe: Describe any work required by members outside of regular committee meet - ings. If certain tasks will be assigned to members, list the task and the member to whom it will be assigned. I Pb/qm-comm.wrkpinform q 0d/ G- 1 i f -2- Goal : • Tasks/Projects (Describe): • List Methods and Timeframe: Describe any work required by members outside of regular committee meet— ings. • If certain tasks will be assigned to members, list the task and the member to whom it will be assigned. • Erz • City of Eden Prairie MISSION STATEMENT We are committed to the growth of Eden Prairie as a city of unique character where people can live, work, shop, and play, and where planning for the future and delivery of public services contributes to a high-quality of life for all and a strong sense of community based on 'Pride through Exceffence,' I MOTTO: Pride 'Through TxcefCence \... ) GOAL STA i'EMENTS PARKS AND OPEN SPACES Goal: To have a well planned,abundant system of parks and open spaces which is safe and accessible by trails. Natural amenities should be preserved. Outdoor uses should be diverse to appeal to the broadest range of people,and there should be on-going evaluation of the changing needs for active and passive uses. iCOMMUNITY DEVELOPMENT Goal: To plan,encourage and support,responsible,timely development which integrates a range of housing options, commercial/industrial land uses and parks and open spaces. "DOWNTOWN" Goal: To develop a special downtown center that will provide an active, bustling, central gathering point that is pedestrian friendly, accessible to the entire community, and lend a small-town feeling and opportunity for tradition. TRANSPORTATION Goal: Develop an integrated transportation system embodying highways, transit (including buses. Rideshare,LRT),and trail systems,all providing internal circulation and access to and from the City of Eden Prairie. PUBLIC SAFETY Goal: To continue to have Eden Prairie known as a safe place to live, work, and play. PUBLIC SERVICES 0 Goal: To ensure that essential and desired services are provided at an acceptable cost which lead toward a high-quality of life for all. pb:mission statement/goals I 1�v!] 3/92 t . 1,7 .. - sn 7 {'1 4:4.": se.3'ySmB`,.�-w"7F'"3'`a�.T� r1, MEMORANDUM . TO: Gene Dietz , Public Works Kevin Schmieg , Insp,Safety ,Fac. Stu Fox , Parks Jim Clark , Police Carl Jullie, Off/Adm. Dale Schmidt, Public Works _a `� Ed Sorenson , Utilities Bob Lambert, Parks, Rec. 1` Wes Dunsmore Parks Chris Enger, Planning Steve Sinell , Assessing John Frane, Finance 't1 ``` Spence Conrad , Fire Dept Craig Dawson , Administration Natalie Swaggert, Off/Adm. L '', FROM: Wayne Estenson , Safety Coordinator . '`, DATE: May 7, 1992 L:. ' .1.,:t: SUBJECT: Safety Incentive Program, Suggestion Evaluations ; 4 On Tues, May 5th the Safety committee evaluated and judged 31 safety =, suggestions. All scores were tabulated and averaged based on voting committee fir. members, the results were as follows: 1st Place: Suggestion #44-20 submitted by Scott Zubrod , Vehicle = Maint Dept. Scott has fabricated and implemented a Pr portable safety screen to be used when performing various tasks with there 20 ton hydraulic press. This safety devise has already prevented a serious accident-,-i from happening . I . 2nd Place: Suggestion #55-31 submitted by Chuck Schaitberger, Inspy Dept. Chuck stated on Pioneer Trail by the Flying Cloud baseball fields, flashing lights are needed & a speed ; zone of 20 MPH, when fields are going to be occupied . Cars come very close to running into each other every night I ' m there. Also I feel speed bumps are needed to - slow cars throughout the driveway at the Flying Cloud, il fields on Pioneer Trail . A minimum of four, this should be done before a child is injured or killed . ..' 3rd Place: Suggestion #5 submitted by Don Overby , Utilities Dept. -; Drawing Don had addressed the need for a fire safety class for employees. Last year several employees went to thei hospital after extinguishing a truck fire at the water.; plant. They inhaled toxic fumes from the burning . interior. Employees should be instructed to stay back enough or let the fire dept handle. The safety committee thanks all Depts. for the fantastic participation in the Safety incentive program. Please share the results with the departments you represent and implement as any of these suggestions as feasible. -.. € kr' THINK SAFETY FIRST •; �r �• .v I '� -r /L -1 v MAY SAFETY MEETING Safety Suggestions 25.-1 3-25-92 Goal: Motor Vehicle Safety and Firefighter Safety. In order to enhance traffic safety near the entrance to Fire Station #1, I would recommend that the City install traffic warning sign that says "Fire Station 1000 ft" on Mitchell Road and Hwy 5. The sign would increase driver's awareness that they are near the entrance to a fire station and that they can expect volunteer firefighters pulling up into the station and fire engines will be pulling out of the station. 26.-2 3-26-92 When you are using your cart anywhere in the building, always leave the cart stick out around corners so people can see it and not blindly run into it causing an accident or injury. 27.-3 3-27-92 A safety mirror like either one of these pictured here in the area going from the hallway to the restrooms or copy room to avoid collisions. 28.-4 3-25-92 Phone and radio directory mounted on dash of city vehicles. I currently have to reach in the glove box while driving to find a directory. This is obviously a dangerous practice. The directory should be similar to• the instructions for reporting accidents, which are now mounted on the dash of our vehicles. 29.-5 3-26-92 When using a trash cart to trash - not to use your hands to compact trash in cart use a waste basket to push trash down in cart. There might be sharp objects in the trash and could cut your hands and cause infection or if you already have a cut could cause infection by whatever is in the trash. 30.-6 4-2-92 I think you should put mirrors by every corner to prevent people from running into each other and maybe getting hurt. • llC/ ►K 40.-16 4-16-92 Insulate raw water bypass pipes and splitter box to prevent condensation in summer months. In summer basin gallery is like a rain forest with floor always being wet and slippery, as well as electric pumps. Would get rid of wet floors and wet equipment. Mold always grew on walls also. ( Insulating is presently being done) . 41.-17 4-16-92 Use food grade oil and grease on equipment over & around potable water. It will eliminate possibility of spillage and leakage into potable water of petroleum based oil . Currently changing all oil in plant and wells wja food grade oil and changing gear grease to food grade . Motors can not use food grade grease-but they do not present a hazard of contaminating water. 42.-18 4-15-92 Box grab handles for new ladders on trucks like what is on #139. 43.-19 4-16-92 Make extension for lower step on truck's. Making is easy and safer for drivers to get in and out. See me for explanation. 44. -20 4-15-92 We are already using screen or cage for the 20 ton press. • 45.-21 4-15-92 Start to or finish replacing split rim with tubeless rim's for trucks. • 46.-22 4-24-92 Use the city employee's with C.P.R. instructor cards to teach C.P.R. to the employee's. Cost savings and provide and in-house service. 47.-23 4-21-92 Make an attachment for the skidsteer loader to move ball and burlap trees. These trees are very heavy and moving them by hand has been the cause of injuries in the past . This would also lessen the time required to plant trees. 48.-24 4-22-92 On trailer 499 the ramp for moving equipment on and off trailer is one piece, full width of trailer, and is very heavy. The ramp can be cut in half making it much easier to lift therefore reducing the risk of back injury. 49.-25 4-22-92 Safety committee should be expanded to include safety of -the citizens. Example: Park users, streets. This could be done by seminars put on by different professional groups. ( ie , insurance company) to help increase employee awareness of potential hazards in our parks, streets, etc. Inspection programs on a regular basis would help identify & eliminate them. • SAFETY INCENTIVE PROGRAM Si 1992 I.D.# DATE NAME DEPT. AVERAGE 1ST 2ND 3RD PIN ' SCORE PRIZE PRIZE DRAWING 41/0 1. 3/2 Dean Jacobs Assess. X 2. 2/27 Pat solie Finance X 3. 2/27 Pat Solie Finance 4. 3/3 Earl Finlayson Eng. X 5. 3/2 Don Overby Utilitie * X -i 6. 3/3 Tony Molitor Pk Maint X, I 7. 2/27 Gary Jaspers Pk Maint * X 8. 3/3 Dave Andryski Veh.Mnt. X i 9. 3/2 Arnie Amrhein St. Mnt. * X 10. 3/3 Scott Zubrod St. Main X 11 . 3/6 Steven Pitkanen Utilitie X 12. 3/4 Don Lang Pk Maint X 13. 3/10 Cliff Cracauer Veh.Mnt X 14. 3/12 John Theis St. Mnt X 15. 3/12 Jan Schneider I.S.F. X 11111 16. 3/12 Chuck Vest Utilitie X 17. 3/12 Kyle Duchschers Police X 18. 3/10 Connie Peters Comm Ctr * X 19. 3/16 Kevin Roquette Pk Maint X 20. 3/19 Mir Masood Ali Eng. X 21. 3/24 Dave Olson Eng. X 22. 3/25 Skip Hauck Pk Maint X 23. 3/25 Skip Hauck Pk Maint . ~24. 3/25 Wes Dunsmore Pk Maint X i25.1 3/30 Jason Amhorn _Fire Dep X 26.2 3/30 Eric Larson - BldgMnt X 27.3 3/30 Tracey Zachman Finance X 28.4 3/30 David Lindahl Planning X 4110 'v 1_i1I ' - SAFETY INCENTIVE PROGRAM $ , 1992 I.D. DATE NAME DEPT. AVERAGE 1ST 2ND 3RD PIN SCORE PRIZE PRIZE DRAWING !, - i 29.5 3/30 Gary Larson BldgMnt X 30.6 4/2/92 Eric Larson BldgMnt +1 4 31.7 4/8/92 Bob Stark St.Maint X i 32.8 4/1/92 Jeff Barber St.Maint X 33.9 4/9/92 Chuck Schaitberger I.S.F. X .i 34.10 4/8 Dan Carlson Ploice X 35.11 4/9 Annette Beach Police X 36.12 4/3 Mike Jacques Liq.#1 X 37.13 4/9 Kevin Morehouse CommCtr X 38.14 4/12 Bradley Miles Police X 39.15 4/15 Tom Hermann Parks X 40.16 4/16 Steve Pitkanen Utilitie 41 .17 4/16 Steve-Greg-Dave Utilitie X 42.18 4/15 Scott Zubrod VehMaint 43 4/16 Scott Zubrod VehMaint - 44 4/15 Scott Zubrod VehMaint * 45.21 4/15 Scott Zubrod VehMaint 46.22 4/24 Larry Doig StMaint X 47.23 4/21 Tom Stowe Parks X 48.24 4/22 Scott Cole Parks X 49.25 4/22 Scott Cole Parks f, 50.26 4/9/92 Sharon Alvord Eng. X 51.27 4/21 Masood Ali Eng. 52.28 4/23 John Theis Streets 53.29 4/17 Dave Andreski VehMaint 54.30 4/23 Fred Ziebol Eng. X 55.31 4/29 Chuck Schaitberger FSI * 56.L 1 1 4111 MEMORANDUM • TO: Mayor and City Council Planning Commission Parks, Recreation and Natural Resources Commission THROUGH: Carl Jullie, City Manager FROM: Robert A. Lambert, Director of Parks, Recreation and Natural Resources 'at.- DATE: April 30, 1992 SUBJECT: Engineers Report - Smetana Lake Outlet Modification BACKGROUND: Attached to this memo is a copy of the engineer's report for the Smetana Lake outlet modification prepared for the Nine-Mile Creek Watershed District by Barr Engineering. As the report indicates, the Watershed District's overall plan dated March 1961 and updated April 20, 1973 projected a number of capital improvements for the basic water management plan. The Smetana Lake outlet modification is the last of these proposed capital improvement projects. • There are several purposes defined to consider this project: 1. flood control 2. provide environmental protection 3. improve water quality 4. preserve wetlands 5. enhance the aesthetics of the surrounding properties 6. provide recreation facilities In 1985, the City of Eden Prairie approved Resolution No. 85-198 Petitioning Nine-Mile Creek Watershed District for Smetana Lake Outlet Improvements. The Watershed District proposes to hold a public hearing on this project in late June or early July. At that meeting, the City of Eden Prairie, as the petitioner, should be prepared to testify as to the continued support for this project and the willingness to fund the City's share of the project. TIMING: Because the District's lower valley restoration project is almost completed, the Watershed District proposes to proceed with this project in 1994. Work could begin during the winter of 1993-94, and the project.completed in the fall of 1994 or early 1995. Smetana Lake Outlet Modification April 30, 1992 Page 2 • FUNDING: The estimated cost for the entire project is approximately $1,387,000, with the City's share approximately $314,000. This total cost and the City's share could increase based on higher than estimated property and easement acquisition costs. At this time, there has been no negotiation with property owners for possible acquisition or easement costs. The acquisition costs were based on fair market value costs as per Assessing Department records for land acquisition, and anticipation that the majority of the easements would be donated due to the expected increase in the value.of the surrounding property, if the water level of Smetana Lake were raised as proposed. These assumptions may not be valid, and the City Council should be aware that acquisition costs could increase. Funding sources for this project could include: • Cash Park Fees • General Fund • Tax Increment Financing - (any Valley View Road Improvement) • Assessment Project - (assuming we could prove an increase in value to the adjacent property) PROJECT SUMMARY: • The project proposes to construct an outlet modification that would increase the elevation of Smetana Lake from 834 MSL to elevation 838. The outlet structure would be located 200' up stream from Golden Triangle Drive, and is envisioned as a reinforced concrete structure with a simulated rock surface. The structure would create a waterfall to the existing channel of the creek. The structure will be designed to maximize the flood protection capabilities of the lake. The existing lake surface area is 51 acres with a maximum depth of 10' and an average depth of 3'. The current outlet control structure is a 60" culvert under Golden Triangle Drive. Although the current 100 year flood elevation is 838, the District has been managing Smetana Lake for a 100 year flood elevation of 841 since the 1961 overall plan was approved, and retained this elevation in the 1973 updated plan; therefore, there is no development in the zone needed for the revised flood levels created by the project. This project will increase the lake's median depth to 5.9' from the existing 3'. This project would also reduce the fluctuation of the lake elevation during flooding events and protect down stream properties to the greatest extent possible. This increased lake depth decreases the number of times per year the water will be exchanged with up stream runoff, thereby improving the water quality of the lake. The engineer's report also references the reasons for reduced phosphorous concentrations in the lake, an expected reduction in the average chlorophyll a • concentration, and an increase in the average Secchi disc transparency is expected to occur as 110 Smetana Lake Outlet Modification April 30, 1992 Page 3 a result of the project's completion. This increase in depth is expected to greatly improve this lake for fisheries, and the report also summarizes the impact on the wetlands. The project will change a significant part of the wetland to a deep water marsh and open water. The estimated total area covered by open water in this wetland will be 1.3 acres. The sedge meadow and shrub swamp communities will likely be reduced in coverage, but persist in peripheral areas above the 838 elevation. PARK AND TRAIL IMPROVEMENTS: The project proposes to acquire approximately 4 acres of land along the northern shore of Smetana Lake for a City park. The park would be located on the hill and surrounding land just west of Nine-Mile creek where it enters Smetana Lake. This park would provide a pavilion for park users, a boat launch and a parking area to accommodate 30 cars including 6 with trailers. The plan also anticipates completing the trail around Smetana Lake. One trail would run east from the park along Smetana Lane and connect the existing system near Golden Triangle Drive. The second trail would run north from the park along Smetana Lane; then east on Valley View Road over Nine-Mile Creek and connect with the existing system near Golden Triangle Drive. These connections will compete the loop trails in this area. This project also includes a • pedestrian bridge crossing the creek up stream of Golden Triangle Drive just below the water control structure. OPTIONS: Prior to the Watershed District public hearing in late June or early July, the City Council should indicate to the Watershed District whether or not it still supports this plan. If the City Council does not support the plan, the City is responsible for the cost of the engineering study to date. The cost is estimated at $75,000-$100,000. The City Council may wish to support all or part of the proposal, (the only portion that we could delete would be the park acquisition and trail construction). The Council may also wish to talk to the Watershed District about funding this project over several years or delaying the project a year or two to allow the City to budget for this expenditure. RECOMMENDATION: The City staff recommend the commissions and City Council approve the Smetana Lake outlet modification as proposed subject to obtaining the necessary permits and negotiating an agreeable funding schedule. The project meets the flood control objectives of the District and improves the water quality of the resource, as well as providing scenic recreational and wildlife improvements to the area. • I a.o Smetana Lake Outlet Modification April 30, 1992 • Page 5 This project provides the City of Eden Prairie an opportunity to give all residents access to Smetana Lake, and the ability to enjoy that valuable resource for fishing, boating and canoeing; as well as a park for picnicking, and trails for walking/jogging and enjoying the scenic beauty of the lake and creek. RAL:mdd smetana/7 • I APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 4 , 1992 -3- B. Trapping Update Lynch reported that the sub-committee has had three meetings to date. The sub-committee consists of City staff including Stu Fox; Mitch Snyder , animal control officer; Mike Hammer, DNR; representatives from F.A.T. E. , a representative from the Minnesota Trappers Association and the DNR rehabilitator. The group should have a draft completed after the next meeting and it should be ready for review by the Commission by the end of June. VII. NEW BUSINESS A. Smetana Lake Outlet Modification Refer to memo dated April 30 , 1992 from Bob Lambert, Director of Parks , Recreation and Natural Resources Commission. Lambert said that several of the property owners are present at the meeting to comment on the proposed project. He noted that two of the property owners listed in the report are incorrect. The parcel listed as Mark Thune should be Pat Kostecka and the parcel listed as Claire Heath should be John Kottke. Lambert said that this is not a "public hearing" , but the project will be reviewed by the Planning Commission next week and the City Council in two weeks. He would like the Parks , Recreation and Natural Resources Commission to provide their recommendation to the City Council. The original project was proposed in the Watershed District in 1961 and updated in 1973 . The reason it has taken so long to proceed is that the project was low on the priority list. The plan proposes that an outlet modification take place at Smetana Lake for flood control , provide environmental protection, improve water quality, preserve wetlands and enhance the aesthetics of the surrounding property and provide recreational facilities. o la0U APPROVED MINUTES • EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 4 , 1992 -4- Staff feels that the DNR Waters and Fishery sections will support the project while the Wildlife Section may oppose it because it involves the loss of wetlands. Surrounding property owners were in favor of the project because it would improve the aesthetics of the area. The public hearing will be held in late June or early July. At the time , the City of Eden Prairie needs to comment on its support or opposition to the plan. If the City decides not to support the project, they will be responsible for the cost of the study which is approximately $100 , 000 . The engineer ' s report outlines the following to be included in the project: construction of a dam 200 feet west of Golden Triangle Drive similar to Normandale Lake and raising the water level of the lake from 834 to 838 with a 100 year flood elevation of 841. This would require a significant amount of floodplain easement acquisition. The major problem is the cost to acquire the property. The engineer ' s report assumes that the easements will be gifted and has proposed $150 , 000 for acquisition of the parkland. Staff ' s recommendation is that the City support the project subject to obtaining necessary easements and negotiating an agreeable funding schedule. Funds for the project should be delayed until accurate costs are obtained. Another consideration would be to wait until development occurs and to take land in lieu of cash park fees if the cost to acquire parkland is too high. Frank and Mary Smetana of 7722 Smetana Lane said that 833 is the ordinary high water mark for the lake and it is already at 835 . The water level of the lake was raised artifically in 1986 and the creek bed was altered in 1976 . Frank Smetana said that parts of the engineer ' s report are inaccurate and upsetting . He wants to see the issue resolved, but does not know how it can be done. Richard asked how much property will be affected if the water level is raised to 838 . Mary Smetana said that over half of their backyard would be under water. • APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 4 , 1992 -5- Frank Smetana said that there is the possibility they would have 2 feet of water in their basement if the lake was raised and there was a heavy rain. Frank Smetana added that while raising the water level may protect the property downstream, it will affect them adversely. They did not have water in the house during the 1987 flood, but it was within 1 foot. Mary Smetana said that she is concerned with the foundation of the house as well . Frank Smetana said that he has a problem with Bob Obermeyer at the Watershed District who said that flooding is not his problem and Smetana could build a dike. Lynch asked if there are other alternatives to meet the requests to raise the water level and protect the property owners at the same time. 4111 Frank Smetana said he would like to see a nicer looking lake, but does not know if it is worth the risk of flooding and losing half of their backyard. He added that he will build a dike if necessary, but does not want to pay for it. Edward Smetana said that he is not in favor of raising the lake level. John Kottke of 7765 Smetana Lane said he has 2.45 acres of land, but will have only . 95 acres left and would lose two buildings if the level of the lake is raised. He is not adamantly opposed to the project , but feels that the Watershed District has pushed it to the limit. He disagrees that raising the water level will improve water quality, as there is a great deal of wildlife there now. He said they have gotten along all right so far and does not feel it is necessary now. He said that he was told when purchasing the property that during a heavy rain the water could come within 1 foot of the buildings. Kottke added that he would not be able to replace the buildings if they were lost because they are in the floodplain area and are grandfathered in, and he had planned to restore them to their original condition. • 1.V(19 APPROVED MINUTES • EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 4 , 1992 -6- Kracum asked if the yard is landscaped or natural terrain. Kottke said that the property is not landscaped, but all of it is kept mowed. Pat Kostecka commented that this is a beautiful area for a park, but she feels this proJect was encouraged by the commercial users. She feels that estimates to buy the property are low because they cannot be sold as residential . Richard asked if Kostecka ' s property would be affected by raising the water level. Kostecka said she lives on a hill so would not be affected in the same way. Frank Smetana said that his father owns the property that is proposed for the park. His father is in a nursing home, but it would not be his desire to have his property taken for parkland. Lambert said that a decision on this project will not be made quickly. Any loss of property or damage woul have to be compensated by the City. The City should not make a recommendation on the project until accurate costs are obtained and residents ' concerns have been addressed. Lynch asked if there are alternatives to raising the water level . Lambert said that the Watershed District engineer ' s indicated that if the water level is not raised at least 4 feet, it would not be enough of a change to warrant the project. Kottke feels that dredging would serve the same purpose . Lambert said that dredging would not improve flood control although it might improve water quality. Hilgeman asked if it is true that the City is dumping debris into the lake. Lambert said he is not aware that this is being done, but he will find out. Richard asked who pays for the cost of compensating the property owners . Lambert said the Watershed District would pay 100% for water management portions and for land acquisition, the Watershed District would pay 25% and the City 75% . • APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 4 , 1992 -7- Hilgeman asked if the project can be delayed indefinitely or is there a deadline for a decision to be made. Lambert does not believe there is a deadline. Hilgeman asked if the study has already been paid for. Lambert said that the Watershed District will pay for the study if the City decides to support the project. Lambert added that the City petitioned for the project and it needs to be resolved relatively soon. Kostecka commented that she has lost interest in her property since this project is being considered and may be willing to sell her parcel for park property. Lynch said she is confused on what has been spent on the project so far. Lambert said the City has not spent anything to date, but would be liable for the cost of the study if we choose not to proceed with the project. Richard said that assuming the project is approved, what will the total costs be to the City. Lambert said that the study estimates $313 , 000 ; however, he believes it will be significantly more. Lambert added that the project could be funded by cash park fees , the general fund, tax increment financing for the portion of Valley View Road that would be improved or assessing the property owners ( if we could prove an increase in value to their property) . Richard said his feeling is that if the City would spend a significant amount of money and the residents are not in favor of the project, he would not support raising the water level just for the benefit of the people downsteam or to make the lake look better. Richard asked if the residents would support the project if they were compensated at fair market value. Frank Smetana said that the water level is already 2 feet higher than it should be and something has to be done . o C •APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 4 , 1992 -8- Hilgeman is confused about why the City should be held responsible for the water level being raised 2 feet. Smetana said that there is a sewer trunk line across Nine Mile Creek although he said it would be difficult to prove who was actually responsible. Kostecka said she feels the City is responsible because they allowed the commercial areas to build in the area and add fill so there is nowhere for the water to go. Richard asked if this area is expected to be completely commercial in the future. Lambert indicated it would be office or industrial. Mary Smetana said that although the project is not a big• surprise to the residents , they are concerned because it is difficult for them to negotiate against the commercial users. She does not have much faith in the City of Eden Prairie ' s negotiating skills. MOTION: Richard moved to recommend proceeding with the Smetana Lake outlet modification providing that • the residents are compensated fairly and that accurate costs to the City are obtained. Hilgeman seconded the motion. On call for discussion, Lynch asked if this would be a plausible response to the Watershed District or are they looking for a yes or no answer. Lambert said the City can recommend whatever they want , but they will be liable for the cost of the study if the project does not proceed due to our action. Lambert added that a decision on this project would not be as difficult in another suburb of the Twin Cities since the number of lakes in Eden Prairie is taken for granted. Although the City has higher priorities for the money at this time, the project may be appreciated more in the future. The lake will be healthier and better for fishing and recreation if the water level is raised. Providing public access to this type of resource is more important in the big picture than building a couple of softball fields . • 1`' I APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 4 , 1992 -9- If raising the water level is not an affordable option now, the City could hope that a commercial developer will purchase all of the land and the City can take 10% as parkland: or it is possible that only a few homes will be left on the lake surrounded by office buildings and there will not be enough land left to develop. Richard asked if variances or easements can be attached to the property so development can take place in the future. Lambert said this is also a possibility. Kottke said that if the park is developed, will it be possible for watercraft usage to be restricted to non-motorized only. Lambert said that this would be a good possibility and would definitely be addressed. Kracum asked about the current zoning in this area. Lambert said it is zoned as rural, but guided as office or office/industrial . Hilgeman asked who would pay for the cost of raising the electric towers as discussed in the engineer' s report. Lambert said it would be paid for by the Watershed District. Richard withdrew his original motion and Hilgeman withdrew her second to the motion. Kube-Harderwijk agreed with Frank Smetana that the water level issue needs to be resolved and not dragged out any longer. Lambert suggested that the Commission recommend proceeding with the project after negotiations to acquire property for the park have been done, including the Kostecka property, and costs for easements and permits have been obtained. MOTION: Richard moved to recommend that the Smetana Lake outlet modification project proceed subject to negotiations with the property owners for parkland and when costs for easements and permits have been received. Hilgeman seconded the motion and it passed o CITY OF EDEN PRAIRIE IIHENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-119 RESOLUTION COMMENTING ON I-494 DRAFT ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared a Draft Environmental Impact Statement (DEIS) for improvements to I- 494 from I-394 to the Minnesota River near the Minneapolis-St. Paul International Airport; NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council provide the following comments to MnDOT regarding the I-494 DEIS: 1. The City of Eden Prairie supports the "Add two-lane" alternative with serious consideration given to designating the inside lane as a High Occupancy Vehicle (HOV) lane. 2. The City of Eden Prairie supports the I-494 layout alternative, as proposed, from T.H.62 (CSAH 62)to T.H.169(Old CSAH 18)contingent upon the inclusion of the Highwood Avenue/West 78th Street ramps to/from the south on any T.H. 169 (Old CSAH 18) interchange improvements. ADOPTED by the Eden Prairie City Council on June 2, 1992. Douglas B. Tenpas, Mayor ATTEST SEAL II) John D. Frane, City Clerk - MEMORANDUM - • TO: Mayor and City Council THROUGH: Eugene A. Dietz, Director of Public Works FROM: Rodney W. Rue, Assistant City Engineer f lv DATE: May 27, 1992 SUBJECT: I-494 Draft Environmental Impact Statement Recently, the Minnesota Department of Transportation (MnDOT) released the Draft Environmental Impact Statement (DEIS) for improvements to I-494 from I-394 in Minnetonka to the Minnesota River near the Minneapolis-St. Paul International Airport. A copy of the I-494 Draft Environmental Impact Statement is available for review in the Administration, Planning or Engineering Departments. Basically, there are three (3) alternatives evaluated in the DEIS. The first alternative would be a "no-build", which would include some planned traffic management items such as ramp metering and by-pass lanes at selected ramps. The other alternatives can be basically defined as "add one-lane" or "add two-lanes" with each of these alternatives including an additional lane in each direction between Trunk Highway 169 (Old CSAH 18) and Trunk Highway 100. Each alternative has a sub-alternative which would designate the inside lane for High Occupancy Vehicles (HOV's), i.e., car pools and buses. MnDOT held an informational meeting on May 13, 1992 to inform and answer questions from residents and property owners along the corridor. Most of the attendees were from the residential portion of the corridor in Eden Prairie. Most of the questions and concerns were regarding interchange configurations, noise abatement, right-of-way acquisition, HOV lanes, funding and project schedule. One of the issues that a few people asked about was noise mitigation. There is only one area within the residential portion of the I-494 corridor that includes a noise wall. This area is adjacent to the Gerard Drive neighborhood. Other areas (particularly Beach Road) expressed some concern about noise. MnDOT indicated that the Gerard Drive area was the only area that met the criteria (over 70 dBA) for noise mitigation. However, during the design phase of the project, MnDOT has indicated that they will re-evaluate the noise situation and provide mitigation in areas that meet the criteria at that time. We believe that MnDOT has adequately answered the issues and questions that were raised. MnDOT has scheduled a public hearing for the I-494 Draft Environmental Impact Statement on Wednesday, June 10, 1992 at the Edina Community Center. • Memorandum to City Council • I-494 Draft Environmental Impact Statement May 27, 1992 Page 2 of 2 Access is an issue that deserves some attention. In particular, access will change between Prairie Center Drive and Trunk Highway 169 (Old CSAH 18). The current access to/from the east at TH 169 (Flying Cloud Drive) south of I-494 will basically remain the same. However, the current access to and from the east at Prairie Center Drive will be changed to a split diamond between Prairie Center Drive and Washington Avenue. This will provide access to/from the west at Prairie Center Drive and access to/from the east at Washington Avenue with Viking Drive and West 78th Street acting as connecting frontage roads. We believe this proposed access alternative is a dramatic improvement for access to the Major Center Area. Of greatest concern is the current access situation at TH 169 (Old CSAH 18) and I-494, which will be replaced with a large interchange that will basically eliminate local access at that location. We believe that the situation would be acceptable if the "optional" ramps to/from the south at Highwood Avenue/West 78th Street would be included in any interchange improvements. With the addition of these ramps, the access situation for Eden Prairie is an improvement over what currently exists. ACTION REQUESTED: Approve Resolution No. 92-119 recommending the "add two-lane" alternative with serious consideration given to designate the inside lane as an HOV lane. In addition,we strongly recommend that the Highwood Avenue/West 78th Street ramps be included in any TH 169 (Old CSAH 18)interchange improvements in order to maintain an adequate level of local access for Eden Prairie. The attached resolution includes language addressing these recommendations. RWR:ssa • tali c • PROJECT: Nine Mile Creek LAKE GAGE NO. 28 Watershed District LOCATION: Lake Smetana Previous Record High 840.6 07/24/87 Previous Record Low 830.2 11/08/76 838immummimmnammunsmtiminolmimiamumisimmisomiumummismminni { ====l1=11111111111111INNINNINNINNINIONIMININIONIMM11111=== ev=1111111MIMINIMMONINMIN 838 ==winimummoinnommimumwommi=immommumoniminamommilmmiimminsim--ino milmmiiimmmiiiiiimmaiiiimmimmi MN NIB =I MI IMMO MI IIIM INN NM Ell MI MN NM=II=MEN MI 834 ZMINWAINI=IIM111111111110 om•MIMmallIIMrMMIIIIIIIIIIIMMIIIMIMINNIIIIIIIIIIIIIMINIONIIIIIMIIMIIIIIIMINIIIIIIIII =MINI=I ME MINN=MN=I I=MNNEMN=I MIMI I=NIE-----_ONMOMMMN11111==MINM rINNIMMIMMM=I== MMMNIIN MOM EN I==Ii ION= =I=IMNMIMINM=MIME= 832������������������������������������ ----------------------INIMN=M=I------- M_M_--_ENMIMNNEM=MNMN=MIN---MIN--IEN---INN MOB 831muummIIIIIIIIIMIIIIMMIIIMMMMIIMMMIIIIIIIIMMNINIIIIIIMENNO =I NM=MN NM INININIM NE NOM=I MENOMINEE = INN =IEN=MINN r MOM MINI I=NI=M---NMI—EN----INN NMNIMEM—I—MN MINI M---NMI---- wan �11========m1===mo=omm =i ......—.....--- ---------MINIM------------------------ 829 ME MININIONE MUM MN maimmommelemimmumemonesimmummommomminom=s0= =IO--MNMIMOENMNMN=I---MIN—NIEMOM=NMMIIN---- MOM---NM �mumammi����OMI lMMI���MIMI=�NI��MN��MIUMW=NEM 828 ---------------=MNIEN----- 827 r----------------------------------- ON 111111=1111111111MINION 8,MNMNMMIMI NM =NMI=I EN==I MN=I=MN NE NE I=INN=I===INNNM=I IIIII� 811=1111111=11111111111111=M=MNIN I=NM 1111111111=I=NIIM 8'NONEMN NOM=NEB= I=MI M�M��������NNM��NN�M��o����a�M�M�NNM�MNN 825 ------NEM----NE---- Nil==NEM=MIMN=Nil ENEN =I=I EN I •I=IMME111 Ell IMMIIIIMINNM=MN==MEMNM--ENMI=MI------=ENENM INNMINIM= IMINIMONII=I MINN MIEN=I NMI MIINNIM=MINN =NEM==INIINIMNIINI NEIi 824immionmiimm�ninemeimemmummic=imism....e.. .......... { JFMAMJJ ASONDJFMAMJ J ASONDJFMAMJJ 1989 1990 1991 B-26 s PROJECT: Nine Mile Creek LAKE GAGE NO.28 Watershed District LOCATION: Lake Smetana • Previous Record High 840.6 07/24/87 Previous Record Low 830.2 11/08/76 • • 838 -t r : ` { _ I i J - - « ' i t r } , i L • i t i Y ' ; i f r i I 836 . , r + .• , • —a- — • , - AT1 1834 ` It ---► i i i ! iii , rtf t ilii 832 ' r. + l�1 i % t F 1 r 1 830 ~ t f• f , -.fir_._ - 1 ; ,---.--: -{ 828 r}` ftr y ��-. Ilt f i f i r .,.jll-� i - - i 1 • -- 4 i I. t f ` t i t i t r.. — t r tt • t :4- it t -.- I- t i i , 1 . L l : 1 - J ' I. i 1988 [ 1989 1990 ! BARR ENGINEERING CO. Consulting Engineers • B-26 PROJECT: NINE MILE CREEK LAKE GAGE NO. 28 WATERSHED DISTRICT 1^ LOCATION: LAKE SMETANA Previous Record High 835.4 06./22/84 Previous Record Low 830.2 11/08./76 . 1840.E i • 838- 836 } 834 . , - _ : 832 1 830 --t--=— r-- !- ,-- - --- 828 -; 1 + •-+•--• - ' T I .......*.• r : ! : ! I .1 i t 3 1 11 a 1 a L' 1! i i " a a - a i i • o v : I • 1985 1986 1987 BARR ENGINEERING CO. ;. Consulting Engineers B-26 PROJECT: NINE MILE CREEK LAKE GAGE NO. 28 WATERSHED DISTRICT LOCATION: LAKE SMETANA Previous Record High: 835.2 04/17/79- Previous Record Low: 830.2 11/08/76 • 836 - ---------- -- -- -- --- - - - • 834 -- 832 _ ---- -- -- --- - - -- --- 830 - 828 - - - ---- - - ---- - --.. - - • • • - - - - a I . i . a . a i .v - I a I 4 . a w .a i •982 i'4 83 19 84 BARR ENGINEERING CO. CONSULTING HYDRAULIC ENGINEERS B-26 • . PROJECT: NINE MILE CREEK LAKE GAGE NO. 28 WATERSHED DISTRICT LOCATION: LAKE SMETANA • . • Previous Record High 834.6 08-14-78 Previous Record Low 830.2 11-08-76 . • • -- - — I ---- --,- ------4- _ ... ,._ 4 . __ __. ____+ ( • I - -- I - i- -.' ' -- •- - - -"- -'-'. - ---"-- •----4- --4----- --4-- - . --- -- - - - -- ' • • ' - 4- -- -' - ! --' - 4 - -- - -- - - •---I -2.-- -4--4--. ---; - - t-- • - 4 - - -.4 -_ ._ _ .4___. . _, 7 _. __,..__ _4.___.. • __... ---4. -. ___•___-_ --1 ' --- '--*--I ', - -• '-'834 - - - . -;- 1 -•--. • :-- --, - . - -,- - - ,- --- i .. - ,- -- i -- ----- 1---- - -4 -4--- -I- --- 4--r--.--7 0 • • - 4 , • , 1, 4_ , - i-i - • - -• ' - • • - • 1 -` . , • • ' E-4 4 - • . 4 . .. . . , — , - • • . ! , E.7.3 - • - r 4 i - - --- 4 -, -1 • .--- ..---4 -4 -4--...--.-,--4.---t-4 . . . W . 4 , ..._... ... , _ 0 . 4 • • t - . • • _, __. ...t . . . . . .. t .., ,.... • . . . . ,_ . - . .____._ • , _., . - --, - ,_„ _,_ . , . . . --: - ,- -- ----------,--- -4--- -.--i-f-- --„-------„--„---•-- . --' --- . ,- - --- ---.i- -- -, -', • -1- . 4- 7- -4----t -4--4-- -: --;- -4 --1 4- 4----4- 4----4---1----f--- L.7-1 - -- • .4- -;-- -4------ 4 4---4 - 4 4- --1---!--1---I----4- -----4---1- i - _ _ _ __ - ' - • • 4 .-.....- i . ' ---- ' I ' t '. • ' ' - 4 4 . -- _ 1 4- -4- 4 -4 ----4- -•-- :- 4-4- -4- -4 4---• -t- -- - . . . 4 4 • . ., t ,.... ... .. • 4- ...t -,--,-.-...-....i- .- -.4-----I. -:- --.. -I- ----t.- -. t ' . -".-- f 828 ' }, _., . _-, ___4_ -_ ,__ _._ .._t_-_4_ . A . . I ` I :--I.-- ' --.-_.-,---1-. 4, .. ., . .i ..: : ' ' • '- 7- i- -" . --- - 4 • -- -4-- 4 -24- ----- 4- -4 - 1- 4 t -,.. .4 . . , .-- .. . . • . . .. 2. ___,_, ^ 4- 4----;-------! - . _ 4 - • . -- --; - • i - 4-- t 4 -- -r— --- • • . • - t • • - i , : --I- .- t ,- - - , -..-.1- _....--- .:. .1. ..., ... _. _, . • - • -,- , , ,- --,- -I • - . - -. i . - -- - .- ' t -.--• t — -• i -',- -: ' - - • ' -- --• -t 4----- ' -I-- -4 r i- i -r- '- i --1- +---t- -1.-, -i--- + -----t--* - - ----- i ''' '' ' t 'I .... ... 4 . . . -4--I --, -, 4 - --- -4 - • - , . . - • • • " ' . . . . i . ; : : .. E r, g ti • 1979 14 19 80__ 1961_ - . - BARR ENGINEERING CO. • CONSULTING HYDRAULIC ENGINEERS B-26 PROJECT: NINE MILE CREEK LAKE GAGE NO. 28 WATERSHED DISTRICT ( LOCATION: LAKE SMETANA Previous Record High 833.1 05-20-75 ( Previous Record Low 831.7 03-21-75 t_�_--_...-_.. _..__ ._ i T---_-.- ' I _ r--( _ . _ I___________________,_ ____ 4 - - - ' .1. _ _ • 834 • • -- - 832 ---- --- _ -_' W j U }} - 830 _--I (.. g 1- .1. • • _ LII . • • , • i r y I a 1 a � IIE.. aw u> o u Y i r a >19 7 •u 6 : 19 77 19 78• BARR ENGINEERING CO. CONSULTING HYDRAULIC ENGINEERS L B-26 1 , _ . r 4. PROJECT: NINE MILE CREEK LAKE GAGE NO. 28 WATERSHED DISTRICT I LOCATION: LAKE SMETANA • Elevation Previous High 833.1 . 05-20-75 Elevation Previous Low 831.7 03-21-75 r i . ( __ �— 1 T ___ �_.. _,— ___ p__ ____- _4_ _ -_ -4 - i 4 t —-I r * • - - _4 ,_ .4. wt- � ._ _, - - r ._... . 1 _ _ r -__ .� ___. ..-i _ _ _ — ... r - ....._.. _.' 1 --_—I 1 ` . t _ I-_ } f a �/ 832 .1. r , 44. I 0 830 _ �_ _• 1 l-- I L Lc7 -_ i. _ _ . I _ _ . _ - �— .._1 .. _,____ i t ~' �`a 1 �: , 828 - _.. 1 -• I _ .. -L —T- 1 -, t t t 1 1 r r 1 1 1 j _ 11 ,. t __ }7 -..__ _i_ .__4 _ _ _ -4- 4--_ _�__..__�._ yy _ __.-I — • _i -+ I I ---i-- I- —-'- r -- 4 I -4-- j • I 1 t 1 _i . 1 s73 . • i 9_ 74_ 1i 9 75_ BARR ENGINEERING CO. CONSULTING HYDRAULIC ENGINEERS B-26 C Appendix 3 C Historic Levels Smetana Lake 1973-1990 c c c c I First Priority Up to 100% maximum of total pro- ject cost Second Priority Up to 50% maximum of total project cost Third Priority Up to 25% maximum of total project cost The above percentage allocations will be applied by the district in making its determination of the amounts which actually will be committed upon any single improvement project. Two other factors will also be considered by the district to determine to what extent the district will participate financially in any given improve- ment project. One factor involves the availability of uncommitted funds in the administrative fund. The second factor is the determination of the one mill levy tax authority existing at the time of initiation of any improvement project. Summary The district is willing and desirous of participating financially in undertaking improvement projects within the district. It: financial resources from the administrative fund and direct mill levy tax authority are limited, however. Hence, there exists the necessity to define priorities of projects and the proportionate amounts of the total project costs for which the gis- t trict will consider participating financially. The above priorities and percentage allocation commitments reflect the district's present policy to best accomplish these objectives. • 2-4 A second category of improvement projects contemplated in the district's basic overall water management plan suggests enhancement of the waters and related land resources located within the district. A list of these types of potential projects is as follows: Development of walkways along the creek and major water areas Improvement of the water quality in the lakes Development of swimming beaches Improvement of wildlife habitat Fish stocking Open space beautification The managers recognize that these types of projects are not as necessary as the eariler projects listed to preserve the integrity of the hydrology of the water resources of the district. Hence, these projects will be given consid- eration in the annual budget process for cost sharing between a municipality and the district. The third project classification of the district is the one dealing with projects involving floodplain lands acquisition. The managers recognize the importance of properly preserving and regulating floodplain lands because of their importance in the total hydrologic cycle. Notwithstanding that fact, floodplain lands acquisition projects are given the lowest priority for dis- trict participation in financing due to the limited financial resources and tax levy authority available to the district. Simply, the district is aware of the considerable costs associated with floodplain lands acqusition and believes that financing of such acquisition projects is better left to funding methods other than direct expenditures from district administrative funds. District Percentage Allocation In participating financially in improvement projects, the district will, • of course, review and consider its participation in each individual project proposal on its own merits. Guidelines for financial assistance from the district will, however, be based upon the following percentage allocation for the three priority classifications enumerated above: • 2-3 ! ( portion of the costs or utilize tax levy authorities as set forth under methods numbered 2 and 3 above. The commitment and expenditures of these financial resources will be predicated upon the priorities for initiation of projects set forth below. To the extent administrative funds are to be used, the projects will be included in the annual budget. If funds exceed the $75,000 annual total budget, the managers would encourage petitions by munic- ipalities purusant to Section 112.61 so as to be able to levy a general one mill over the entire district. Project Priorities The district's Overall Plan identifies both general and specific improvement projects which might be petitioned and initiated to provide for basic management of the water and related resources found within the district. Fundamental to the district's basic overall water management plan is proper and sufficient hydraulic control of Nine Mile Creek and the major lakes lying within the district. Projects involving primarily this aspect of the basic water management plan will, therefore, be recognized by the district as ones to be given highest priority. A summary of these types of general and specific projects are as follows: 105th Street restriction Marsh Lake Mt. Normandale Lake Mud Lake Smetana Lake Removal of obstructions located within the channel of the creek Restoration of the creek channel where previous ditching projects have adversely affected the natural characteristics Providing an outlet and maintaining water levels on Bush and Anderson Lakes Providing an outlet and maintaining levels on Shady Oak Lake Improving the outlet to Birch Island Lake Protection of the channel at locations where erosion is a problem Sediment control and skimming structures Similar types of hydraulic-related projects 2-2 i NINE MILE CREEK WATERSHED DISTRICT Policy Statement Regarding Project Financing - Watershed District Participation Introduction Several alternatives exist for a watershed district to involve inself in the financing of projects initiated under Chapter 112 of the Minnesota Sta- tutes. It is the intention of this policy statement to set forth the managers' philosophy and objectives with regard to the district's financial participation in Chapter 112 improvement projects. Methods Available for Financing Improvement Projects i Under Chapter 112, a watershed district can provide for or assist in the financing of an improvement project by one of several methods. A list of the primary financing methods is as follows: 1. Special assessments levied by the district against lands benefitted by a project. 2. Participation by the district in cooperative project agreements with federal, state and local governmental agencies, with the district' s allocated costs to be obtained from its administrative funds. 3. One mill general tax levy by district in payment of basic water management projects petitioned for directly and solely by municipal- ities. District Participation Whenever any project calling for improvements to the basic water manage- ment plan of the district as identified in the Overall Plan is properly initiated, the district intends to contribute directly for the payment of such projects. The district will expend available funds for its attributable 2-1 Appendix 2 Nine Mile Creek Watershed District, "Policy Statement Regarding Project Financing - Watershed District Participation" i L C } CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-198 APPROVE PETITION TO NINE MILE CREEK WATERSHED DISTRICT FOR SMETANA LAKE OUTLET IMPROVEMENTS WHEREAS, the City petitioned Nine Mile Creek Watershed District for construction of the outlet for Smetana Lake in June, 1985, and WHEREAS, the Nine Mile Creek Watershed District has been delayed in proceeding with the Smetana Lake Outlet Improvements due to commitments to other projects. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie hereby reconfirms its commitment to said petition to the Nine Mile Creek Watershed District for the Smetana Lake Outlet Improvements dated June 18, 1985. ADOPTED by the Eden Prairie City Council on September 5, 1989. Gary D. terso , Mayor ATTEST: SEAL - l J . , Frane, Clerk • I RESOLUTION NO. 89-198 C STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF EDEN PRAIRIE ) I , the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Eden Prairie, hereby certify that the attached and f foregoing is a true and correct copy of a resolution duly adopted by the City Council of Eden Prairie at its meeting on September 5, 1989 as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this 12th day of September, 1989. I Sharon Sulliva - , Deputy City Clerk CITY OF EDEN PRAIRIE SEAL c City of Eden Prairie eCJLr1 City Offices prairie' 7600 Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262 RECEWED sEprr 2 O. 89 . BARR September 19, 1989 ENGIN-RING CO. li Mr. Bob Obermeyer Barr Engineering Company 7803 Glenroy Road Minneapolis, MN 55435 RE: Smetana Lake Outlet I.C. 52-080 Dear Mr. Obermeyer: Enclosed is Resolution No. 89-198 adopted by the Eden Prairie City Council on September 5, 1989 reconfirming the City's commitment to the Smetana Lake Outlet project. Please forward this Resolution to the Nine Mile Creek Watershed District for their consideration. It is our understanding that the District plans to proceed with this project in the near t future. Yours very truly, Alan D. Gray, P.E. City Engineer ADG:ssa Enclosure t VI. THE PROPOSED IMPROVEMENT WILL BE CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE AND WELFARE The City Council of Eden Prairie, on the basis of staff and consultant reports, has determined that the proposed improvements will be conducive to the public health, convenience and welfare. Completion of the outlet system will provide a means of reducing the problems associated with fluctuating lake levels. This project will also minimize impacts on the shorelines and banks of the basin associated with the fluctuating lake levels. VII. FINANCING OF THE PROPOSED IMPROVEMENT This project is included in the Nine Mile Creek Watershed District Policy Statement regarding Project Financing as a First Priority Project. As such, it is eligible for 100% financing by the District. The project proposed by this petition is of common benefit to the entire District and is a part of the basic water management plan of the District. The petitioner requests that the cost of the project be financed in the manner provided by Minnesota Statute 5112.61, Subdivision 3. VIII. FINANCING OF THE FEASIBILITY STUDY The Petitioner hereby states that it will pay all the costs and expenses which may be incurred in case the proceedings are dismissed or for any reason no contract for the construction thereof is let. If the proceedings are not dismissed and a contract for construction of the project is let, the Petitioner requests that the cost of the feasibility study be financed as a cost of the project in the manner k provided by Minnesota Statutes S112.61, Subdivision 3 and that Petitioner be reimbursed by the Nine Mile Creek Watershed District for monies which it expends in connection with the feasibility study. IX. PETITIONER RIGHT OF WITHDRAWAL "Petitioner hereby reserves the right to withdraw this petition at any time. If Petitioner does withdraw this petition, Petitioner's liability for costs and expenses shall be limited to those incurred up to the time of withdrawal unless such costs and expenses arise under a separate contractural obligation." Dated June 18, 1985 CITY OF EDEN PRAIRIE or 8 � Y ity ager The foregoing petition and its execution by the Ma or and City Manager of the City of Eden Prairie was authorized at a regular meeting of the Eden Prairie City Council held on the 1St da f June, 1985. ATTEST: • erk, City of Eden Prairie f PETITION OF THE CITY OF EDEN PRAIRIE TO THE NINE MILE CREEK WATERSHED DISTRICT FOR THE CONSTRUCTION OF THE OUTLET FOR SMETANA LAKE C I. AUTHORITY This petition. submitted pursuant to the provisions of Minnesota Statutes SS 112.48 and 112.61, Subdivision 3, requests the Managers of the Nine Mile Creek Watershed District undertake the Smetana Lake Project within the City of Eden Prairie. The general concept and objectives to be gained by said project are more fully specified on page 26 of the Nine Mile Creek Watershed District Overall Plan. dated 1973, developed by the Watershed District pursuant to Minnesota Statutes 1971, Chapter 112, the Watershed Act. The project is in conformity with the overall plan for the Nine Mile Creek Watershed District (hereinafter District) and is part of the basic water management plan of the District. II. PURPOSE AND GENERAL DESCRIPTION OF WORK PROPOSED Fluctuating lake levels are a problem with Smetana Lake. The shoreline and banks surrounding the lake show the effects of continuously fluctuating lake levels. The purpose of the plan is to reduce the problems associated with fluctuating levels, by installing an outlet for the lake, and with a stabilized lake level, a flood level for the lake can be established and urbanization can continue in an orderly fashion. III. DESCRIPTION OF THE LANDS OVER WHICH THE PROPOSED IMPROVEMENT IS LOCATED The lands upon which the project improvement will be located are situated entirely in the City of Eden Prairie and are tributary to Smetana Lake. The lands are located in Sections 12 and 13, T116N, R22W. C IV. GENERAL DESCRIPTION OF THE PART OF THE DISTRICT AFFECTED The area to be served by the proposed outlet includes District lands in the southern portion of the Nine Mile Creek watershed that are tributary to Smetana Lake. V. NEED AND NECESSITY FOR THE PROPOSED IMPROVEMENT The Petitioner recognizes the need for the Construction of outlets for lakes in an urbanizing area. The lake outlet will stabilize lake levels thereby allowing flood elevations to be established and enabling development to proceed in an orderly fashion. CITY OFFICES/8950 EDEN PRAIRIE ROAO/EDEN PRAIRIE.MN 55344.2499/TELEPHONE 1612,037.2252 June 26, 1985 Mr. Fred Richards Nine Mile Creek Watershed District 4344 IDS Center Mpls., MN 55402 Re: Petition to Nine Mile Watershed District Outlet for Smetana Lake I.C. 52-080 Dear Fred: Enclosed is a petition from the City of Eden Prairie for the construction of an outlet for Smetana Lake in the Nine Mile Creek Watershed. We recognize that funds are not available for this project at this time. However, we would like the feasibility report completed so that we can understand the design approach as it relates to development around Smetana Lake. Additionally, we expect that there will be a creek crossing constructed in Golden Triangle Drive by the end of 1986. If there is any additional information I can provide you regarding this matter, please contact me at your convenience. Sincerely, Eugene A. Dietz, P.E. Director of Public Works EAD:sg r Appendix 1 c City of Eden Praire Petition for Smetana Lake Outlet Modification c c c L C C Appendices C C t IC C C L . . Cr ( ' •' .- -- ': .., ',,',:./,.., : 41',4-.;T:',1,.,'..,:*,.41-41.„..i.y.4 ,4,..;,-„, ,•!.., - . ' ' -- •.4.':7,,ri ,1,*-..:,..' .. , ( 14' . , .... ,... .., . .,,,,., . • - - -. .,..t''''', .....,-,T"' ' -,,,,:3" ,..__...--,,., .2.7- -* '-'-'.4'"iiii,, ? t•4Y-e„I'S.---,,,- ,:4,,_4..- ,..r.,,., k, • • • . , .er c .."-r• dill.. 'ilF..1-Ott:" . CICS0111441ft'Thlr',..japt • '' ,,, ..'°..:74%.""'"UPitii ;--Vi'•-'"-'•P•Altirtl .-, •-•-...• • -. ' . .-,- '.U.-.,° .7 .,• ••:'Aiii.'-',.' '?,410Ster• . , _. --! .4 ..s,...,.:-.7,„i",,,- • , -- , ..•-,... . , , • , Isq -. '4 - '4' - :-. -- :- • •,, .• . 416 IN,.....,. .s., ... _. •:.104' -4, .-- A'. -- ' ....... , .4,veyis.- . * • : . • - - . miaglik44*-1 4%113114- -agags --"kV" . - 3 ' it, • '' .b,- II '- •..ic*."1%.*4"...4% ' . - . .. . . .,.....0...,:'-- • .. 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"`4".Aii.',....7.77,-.!....., 4,------........„,.; '...-'.------ 40111111.00.0.41 4-7-;--'' , , ..1--'"' •- . -: *, 40,,, ''-•• 7,.- ita..".'. ..,„At,,... "' :""Plig,;; 7- -- '' *".:;r::,"''11,4s.:-'"' -Nr....•.„.. ..,n.,,,..''''' ,-^•*-','., -,...",,"„;'4 ::--- ,'"'":,'',-..7- -, - ,-...Li.-...74,.....-.,„40..,..., , ',.....--.....--,..... ' • -'"-"dmr4:4,--'-- 77' .."'7-- *-- .3'--.'"*"",4'':=7.4A4.--7 ..---,"16.--.*:---- -.--:...1,,- .... .., . '.-..."4"11"fragrisrp.- - — • - - , v#49,4=4.44,0.- --r. '• ..4';'-', - -;117#0, .. .., , . ".--,74 •'4, . , *-". ,:-:. • '" ",,,,.., ' '- 7 ''..",•-•((::.-------'''' •'111=:;`•%•:t..,4. 'f,' ,. •_,': ifeta , :_,:,...:' •- —.. 1._ 'a- Figure 5 t.... EXAMPLE OUTLET STRUCTURE ••••• f NINE MILE CREEK WATERSHED DISTRICT ( Hennepin County PROJECT I WATERSHED 0 r I H O P K I N S 0 8000 l Scale in Feet M I N N ETONK Al; I hags I4. DISTRICT Lake ak I Mirror BOUNDARY . L- -- Lake c N OGIen • 1 Lake I I Bredesen -- -- - --- --- - -� 1Park Lake ` I E .D IN A III Bryapt I No. Lake Lake III 1 ! Cornelia RICHFIELD EDENo PR Al 4� I 106 I �, 1_ -_ __ _____ __ ___ __ — ,.. LOCAL WATERSHED ` '1 SO —— ' I Fork PROJECT i' 'k • Anerson LOCATION olte Normandale ' OF Penn .....' Lake 1 Lake NBLOOM N G T O N Nine Marsh Bush Lake Oxboro I Lake j Lake I o I * Lower Valley .4- s G.* * Completed Projects `4ec Minnesota i s Figure 1 PROJECT LOCATION t C Figures t c C c c L C C C C Engineer's Report Smetana Lake Outlet Modification c Prepared for Nine Mile Creek Watershed District: Basic Water Management Project Petitioned by the City of Eden Prairie c April 1992 c Barr Engineering Company 8300 Norman Center Drive Minneapolis,MN 55437 Phone:(612)832-2600 Fax:(612)835-0186 TABLE OF CONTENTS Page INTRODUCTION 1 BACKGROUND INFORMATION 1 DESCRIPTION OF THE PROJECT AREA AND WATERSHED 2 Smetana Lake 2 Wetlands 3 ( Parks and Trails 4 Hydrology 5 • Hydraulics 6 C PROPOSED IMPROVEMENT PLAN - 6 Outlet Structure 6 Utility Modifications 7 Park and Trail Improvements 8 Property Acquisitions 9 Permits 9 Cost Estimate 9 C IMPACTS CAUSED BY THE PROJECT 10 Smetana Lake 10 Wetlands 11 t RECOMMENDATION 12 C 23\27\444\SMETANA.RPT\KMH i r 4 TABLE OF CONTENTS (Continued) TABLES TABLE 1 Wetland Components Areal Cover, Existing Conditions TABLE 2 Wetland Components Areal Cover, Smetana Lake Outlet Modification { TABLE 3 Preliminary Cost Estimate Smetana Lake Outlet Modification TABLE 4 Smetana Lake Property Owners FIGURES FIGURE 1 Project Location FIGURE 2 Utilities and Real Estate Requirements FIGURE 3 Existing Wetland Delineation FIGURE 4 Proposed Project FIGURE 5 Example Outlet Structure APPENDICES APPENDIX 1 City of Eden Prairie Petition for Smetana Lake Outlet Modification APPENDIX 2 Nine Mile Creek Watershed District, "Policy Statement Regarding Project Financing - Watershed District Participation" APPENDIX 3 Historic Levels - Smetana Lake 1973 - 1990 r 23\27\444\SMETANA.RPT\KMH ii L C ENGINEER'S REPORT SMETANA LAKE OUTLET MODIFICATION C Nine Mile Creek Watershed District: Basic Water Management Project INTRODUCTION This report summarizes the proposed actions for modifying the level of Smetana Lake for flood control and water quality management. It is prepared in accordance with Section 103D.711 of the Minnesota Watershed Act under the direction of the Board of Managers of -the Nine Mile Creek Watershed District. BACKGROUND INFORMATION The Nine Mile Creek Watershed District was established by the Minnesota Water Resources Board in 1959. Stormwater Management within this urbanizing area has been guided by the District's Overall Plan dated March, 1961. The Plan was revised by the Watershed District and prescribed by the Minnesota Water Resources Board on April 20, 1973. The 1973 Plan guides development in the District. This project is the last of the capital improvement projects proposed in the District's Basic Water Management Plan. The purpose of the Water Management Plan is to provide stormwater storage facilities for use in controlling floods and reducing the costs of flood control works. The projects in the plan are all multi-purpose. In addition to flood control, they provide environmental protection, improve water quality, preserve wetlands, enhance the aesthetics, and provide recreation facilities. As the quality of waters in the area has risen in importance, the value of the water storage facilities has also increased because they provide a means to improve the quality of the District's water resources. See Figure 1 for the location of the completed projects as well as the proposed Smetana Lake Outlet Modification. In 1985 the Board of Managers received a petition from the City of Eden Prairie to modify the level of the Smetana Lake. A. copy of the petition is attached in Appendix 1. Due to project restrictions and previously submitted 23\27\444\SMETANA.RPT\KMH 1 petitions, this project was placed on hold. Because the District's Lower Valley Restoration Project is almost completed, it is now possible to proceed with this project. The following outlines the proposed work. DESCRIPTION OF THE PROJECT AREA AND WATERSHED Nine Mile Creek drains approximately 50 square miles of land. This project is on the South Fork which starts in Minnetonka and winds through Eden Prairie and Edina before joining with the North Fork and continuing on through Bloomington to the Minnesota River. The Smetana Lake Project is located in the City of Eden Prairie immediately north and east of Interstate 494 and southeast of Highway 212. In addition the project is bounded by Valley View Road on the north and Golden Triangle Drive on the east. The total drainage area to Smetana Lake is about 10 square miles. The land use in the area upstream of Bryant Lake is almost completely developed with about 70 percent residential and 30 percent commercial. The local drainage area, which is the area downstream of Bryant Lake, is 1.5 square miles. The local area is important as this is the contributing area for which Smetana Lake provides flood storage and water quality improvements. This area is guide planned for 100 percent commercial, office and industrial development. Smetana Lake Smetana Lake currently has a normal level of approximately Elevation 834 MSL, a surface area of 51 acres, a maximum depth of 10 feet in the approximate center of the lake and an average depth of 3 feet. The outlet for the lake is a 60-inch culvert under Golden Triangle Drive. The lake is surrounded by a broad fringe of cattail marsh and has an invasion of Purple Loostrife in the shallow west end. The area adjacent to the lake is generally hilly with steep slopes. During the summer of 1990, epilimnetic phosphorus concentrations of Smetana Lake ranged between 0.092 mg/L and 0.153 mg/L, for the June through September { period. The current lake water quality is poor based on these observations. Its 0. 123 mg/L average total phosphorus concentration puts it into the hypertrophic 23\27\444\SMETANA.RPT\KMH 2 L E (i.e. , extremely fertile) trophic status category. Corresponding average summer chlorophyll a and Secchi disc transparency measurements were 39.2 pg/L and 0.7 meter, respectively. These latter data reinforce the hypertrophic status categorization of Smetana Lake. Analysis of the lake and its watershed, using standard phosphorus mass balance modeling techniques coupled with reasonable phosphorus yield estimates, suggests the average steady-state total phosphorus concentration of Smetana Lake should be approximately 0.15 mg/L. This predicted concentration falls within the range of observed 1990 concentrations, thus verifying the prediction as reasonably accurate, and the modeling technique as legitimate for extrapolation to future lake conditions. Wetlands Three areas of wetland were investigated to determine the -existing conditions in the project area. The areas were investigated through the use of aerial photos, contour maps and field investigations. One area is Smetana Lake and the surrounding wetland, the second is the area adjacent to Nine Mile Creek upstream of the lake which will be affected by the proposed lake modification, and the third is the area downstream which will be unchanged, but was investigated to further define the natural setting of the project area. The extent of the various wetlands is shown on Figure 2. The areas of each type of wetland is summarized on Table 1. The emergent wetland areas along the shoreline of Smetana Lake are almost entirely comprised of shallow and deep water (cattail) marshes. Cattail species are typically found in water up to three feet deep. Mallards, canada geese and red-winged blackbirds are typical inhabitants of cattail marshes and have been observed in this wetland area. The wetland area bordering Nine Mile Creek situated between Valley View Road and Smetana Lake is a wetland complex of sedge meadow, shallow (cattail) marsh, shrub swamp and floodplain forest wetland communities. The most abundant wetland 23\27\444\SMETANA.RPT\KMH 3 L { • community types are sedge meadow and cattail marsh. The presence of standing water generally less than one foot deep is common in this wetland area. r The distribution of shrub swamp communities in this area is patchy. Dominant shrub species in these patches include willow species, dogwood species and speckled alder. r 1 Five patches of floodplain forest occur in this wetland at the interface between other wetland communities and adjacent upland. Dominant tree species in these patches are cottonwood, box elder and black willow. Willow shrub species and dogwood shrub species are also present in these floodplain forest areas. Deer, mallards, canada geese and red-winged blackbirds have been observed in this wetland area. Indications of muskrat and rabbits have also been observed there. Immediately downstream from Smetana Lake is a wetland complex similar in composition to the wetland area upstream of Smetana Lake and east of Valley View Road. This downstream area is bordered on the west by Golden Triangle Drive and on the east by Washington Avenue. The wetland complex is comprised of sedge meadow, cattail marsh, shrub swamp and floodplain forest communities. Dominant tree species observed within the floodplain forest communities are black willow and cottonwood. Dominant shrub species observed in the shrub swamp communities include willow species, dogwood species and speckled alder. The area is generally covered with shallow standing water. Deer, mallards, canada geese and red-winged blackbirds have been observed in this wetland area as well as indications of muskrat and rabbits. Parks and Trails Currently no parks exist in the project area. The existing trails in project area are located adjacent to Golden Triangle Drive and Valley View Road. An additional trail south of the lake connects the Golden Triangle Drive trail to the Valley View Road trail. 23\27\444\SMETANA.RPT\KMH 4 4- • Hydroloc;y The total land area tributary to Smetana Lake is best described by discussing it in two parts. There is a local area, of about 940 acres, and an area upstream of Bryant Lake, which has a drainage area of about 5,600 acres. The area upstream of Bryant Lake flows through a series of lakes and streams and finally into Bryant Lake. The large size of this lake in relation to the upstream area results in the very efficient attenuation of the flood discharges generated upstream. The contribution of the flood waters from the outlet of Bryant Lake to the total of the flood flows into Smetana Lake is almost insignificant. The large volume of dead storage in Bryant lake also has a significant effect on the water quality of the water leaving the lake. The long detention time in the lake results in a significant reduction in the amount of phosphorous leaving the upstream watershed. The local watershed to Smetana Lake is the area which contributes most of the flood waters and water quality loadings to Smetana Lake. There are no ponding areas of significant size to attenuate the flood flows or to assist in the removal of phosphorous. C The existing flood storage in Smetana Lake provides some protection for downstream areas by reducing the peak flows for a full range of flooding events. This is in the form of protection from common flooding events which cause minor damage and inconveniences as well as the 100-year frequency flood. The land use in the local drainage area is guide planned commercial, office and industrial. This is a land use which can generate significant non-point pollutant loads if proper planning is not made. Smetana Lake is currently a sink for the phosphorous loadings contributed by this area. The area is not fully developed at this time and can be expected to be completely developed in the near future. Pollutant loadings and runoff volumes will increase as this development occurs, and result in increased flood damages and a reduction in water quality. 23\27\444\SMETANA.RPT\KMH 5 • 3 Hydraulics The existing water level control for normal flows is the remains of an old creek crossing upstream of the Golden Triangle Drive crossing. This results in an approximate normal elevation of 834. The control for flood events is the crossing at Golden Triangle Drive and the downstream channel. The estimated flood level for the 100-year frequency flood event is about Elevation 838. The District has been measuring the level of Smetana Lake since 1973. Historical records have shown the water level in the lake as dropped as low as 830.2 in November 1976, and as high as 840.6 during the extreme flood event of July 1987. Appendix 3 contains the lake levels from 1973 to 1990. The District established a flood management envelope for Smetana Lake at Elevation 841 in the 1961 overall plan and retained this elevation in the 1973 plan. The District has been managing development based on the assumption the project would be implemented when the money was available and the need was generated by increasing development. This provision has resulted in no development in the zone needed for the revised flood levels created by the project. PROPOSED IMPROVEMENT PLAN The proposed plan includes the construction of an outlet structure, the modification of affected roads and utilities, paths to connect the area with the city's existing path system and a park with amenities to encourage the use of the water resource. Figure 4 shows the components of the plan and their locations. Outlet Structure The proposed outlet modification will consist of the construction of an embankment and drop structure to raise the normal level of Smetana Lake from Elevation 834 to approximately Elevation 838. The approximate location of the structure is 200 feet upstream of the Golden Triangle Drive crossing. L 23\27\444\SMETANA.RPT\KMH 6 The structure is envisioned as a reinforced concrete structure with a simulated rock surface. The water will cascade from the surface of the lake in several drops to the existing channel of the creek. The structure will be attached to a sheetpile foundation to provide stability and protection from seepage below and around the structure. The structure will be tied into existing high ground on both sides with an earth embankment. The structure will be designed to maximize the flood protection capabilities of the lake. Figure 5 shows a drop structure similar to the proposed structure. Utility Modifications C As a result of the change in normal level of Smetana Lake some utilities will need to be modified to maintain the services they provide and to enhance the value of the project. Several storm sewers and culverts currently discharge to the project area. In addition, as the area around the project becomes developed the potential exists for more outlets. These discharge points will be investigated to determine what measures can be included to provide additional water quality enhancements for the project. These modifications are expected to include sedimentation basins, erosion protection, and skimmers constructed upstream of the project area. The crossing of Smetana Lane will be increased to accommodate high flows without overtopping of the road, and to provide access for canoes between the wetland and the lake. The road will need to be raised about 5 feet to provide access for the two homes on the east terminus of Smetana Lane. The change in lake level is expected to affect the existing septic systems of three homes in the project area. To mitigate this, the homes will be connected to the existing sanitary sewer. These connections will result in the removal of a potential contaminant source for the water quality of the lake and downstream creek. 23\27\444\SMETANA.RPT\KMH 7 I • A high voltage power line currently has two towers within the limits of the project. The raise in the lake level may require modification of the concrete foundations on which the towers rest. k Park and Trail Improvements As a part of the improvement project it is proposed to construct recreational facilities adjacent to the lake and to connect these facilities to the City of Eden Prairie's existing trail system. The park would be located on the hill and surrounding land just west of Nine Mile Creek where it enters Smetana Lake. The proposed park is anticipated to encompass an area of about 4 acres. Proposed facilities include a pavilion for park users, a water hookup for the convenience of the park users, a boat launch and a parking area to accommodate 30 cars including 6 with trailers. The trails connecting the park to the existing system would be 8 feet wide and constructed of asphalt. One trail would run east from the park along Smetana Lane and connect to the existing system near Golden Triangle Drive. The second trail would run north from the park along Smetana Lane and then east on Valley View Road over Nine Mile Creek and connect with the existing system near Golden Triangle Drive. This will complete the loops in this area enhancing the value of the system. A pedestrian bridge crossing the creek upstream of Golden Triangle Drive and downstream of the proposed drop structure is proposed. This location will allow for an excellent view of the falling water in a location separate from the traffic on Golden Triangle Drive. It is anticipated that the park improvements will include landscaping such as trees and shrubs in as yet undetermined locations. { 23\27\444\SMETANA.RPT\RMH 8 I t Property Acquisitions The proposed park is located on a private parcel of land on which a private home is located. In order to provide the recreational facilities proposed in this project it is proposed a 4-acre portion of this parcel be acquired. This parcel will include several hundred feet of shoreline on Smetana Lake and the hill upon which the residence is situated. The proposed raise in the lake level will result in the inundation of private property in the wetland adjacent to Nine Mile Creek and Smetana Lake. This will result in the need to acquire flowage easements from eleven property owners. The payments for these easements is anticipated to be minimal. Permits Permits for the proposed project will be required from the City of Eden Prairie, the Minnesota Department of Natural Resources, and the St. Paul District Corps of Engineers. t Cost Estimate The preliminary cost estimate for the Smetana Lake Outlet Modification is $1,387,000. Table 3 summarizes the costs for the project as outlined. It is anticipated that construction would commence in 1994. To account for this time delay the table includes an annual inflation factor of 8 percent. The financing of this project will be in accordance with the Nine Mile Creek Watershed District's "Policy Statement Regarding Project Financing" presented in Appendix 2. Under the terms of the financing policy the District will finance up to 100 percent of project items pertaining to water resources management (Priority 1), up to 50 percent of items pertaining to the enhancement of water and related land resources (Priority 2) , and up to 25 percent of land acquisitions (Priority 3) . 23\27\444\SMETANA.RPT\KMH 9 L r IMPACTS CAUSED BY THE PROJECT Smetana Lake The higher normal level proposed by the project will result in a larger surface area covered at the normal water elevation. This will result in a smaller fluctuation during all flooding events as the storage needed to attenuate the flood discharges will be available with less bounce. The estimated fluctuation for the 100-year frequency storm will be approximately 3 feet, down from the existing bounce of 4 feet. C The outlet structure will be designed to protect downstream properties to the greatest extent possible. This will be accomplished by retaining damaging flows and releasing the water at rates which minimize the damages. r Plans to raise the normal surface elevation of Smetana Lake to -838 will increase its volume and decrease the number of times per year the water will be exchanged with upstream runoff. The lake's mean depth will also increase to 5.9 feet, from 3.0 feet currently. Modeling indicates these changes in lake morphology and system hydrology will act together to improve the lake's water quality. Phosphorus mass balance modeling of Smetana Lake indicates that its steady- state phosphorus concentration would be reduced to 0.08 mg/L, from 0.15 mg/L now, if its surface elevation is raised to 838. This is a significant reduction in average summer phosphorus concentration. A corresponding reduction in average chlorophyll a concentration, and an increase in average Secchi disc transparency would also be expected to occur as a result of the project's completion. Actual water quality improvements may be somewhat less than predicted if the deeper lake tends to stratify more often and produce internal phosphorus loads from oxygen- depleted sediments. This is not expected, however, since only about 20 percent of the enlarged lake's surface area will cover depths greater than 10 feet. Thermal stratification and subsequent hypolimnetic oxygen depletion are unlikely to persist for sufficient lengths of time to result in phosphorus release from lake sediments in regions of the lake that are shallower than 10 feet. 23\27\444\SMETANA.RPT\RMH 10 { The increase in depth is expected to increase the value of the waterbody for fisheries. The additional depth will result in more oxygen available to sustain the fish in the period of winter ice cover. Calculations indicate the period of time at which oxygen would remain would almost double. The net effect on spawning areas is expected to be negligible. Wetlands The following paragraphs discuss the anticipated changes to the wetlands which are to be expected with the proposed project. The estimated areas of the various wetland types resulting from the proposed project is summarized in Table 2. _ The character of the wetland areas along the shoreline and shallow areas of Smetana lake is likely to change little as a result of the proposed change in water level. The composition of plant species along the lake's edge is likely to remain dominated by cattails with the scattered existence of floating-leaf plant species, particularly at the interface between cattail beds and open water. C The total area of cattail marsh, however, will likely decrease with the proposed increase in water level. The area of the lake which will be three feet or less deep during the growing season under proposed conditions is 6.7 acres. Due to the relative steepness of slope around the lake between Elevations 835 and 838, cattails will likely only be present along the very edges of the lake. In the wetland area upstream of Smetana Lake the average surface water depth will change to approximately 2.5 feet as a result of the proposed increase in water level. Deep water marsh and open water, which currently comprise a relatively small portion of this wetland area, will likely become the dominant wetland components. Areas with surface elevations at and below 835 feet MSL will likely become open water areas due to the proposed water level increase. It is estimated that the total area covered by open water in this wetland area will be 1.3 acres. 23\27\444\SMETANA.RPT\KMH 11 F Shallow water marsh will likely become the next most abundant wetland community in this wetland area. The most prevalent plant species of both shallow and deep water marsh areas within this wetland will likely be broad-leaved cattail. Sedge meadow and shrub swamp communities will likely be reduced in areal coverage, but persist in peripheral areas above the 838 feet MSL elevation. The total area of land existing between 838 and 839 feet MSL in this wetland complex is 2.1 acres. The vegetation cover of these 2.1 acres will depend on its physical location with respect to existing plant communities and will likely be comprised of patches of shallow (cattail) marsh, sedge meadow and shrub swamp communities. The floodplain forest areas on either side of Smetana Lane will likely be replaced by open water, fringed with cattail-dominated emergent vegetation. The other three floodplain forest areas will likely be reduced in size due to inundation of surface water to 838 feet MSL. RECOMMENDATION The Smetana Lake Outlet Modification is a necessary and feasible part of the overall water resources plan of the Nine Mile Creek Watershed District. The project meets the flood control objectives of the District and at the same time improves the water quality of the resource and enhances the scenic, recreational, and wildlife assets unique to the area. It is recommended that the plan be implemented as outlined. 23\27\444\SMETANA.RPT\KMH 12 C C Tables c t c C TABLE 1 WETLAND COMPONENTS AREAL COVER EXISTING CONDITIONS i (WATER LEVEL: 834 ft. MSL) i Wet Cattail Shrub Floodplain Open Total Meadow Marsh Swamp Forest Water Area Upstream Wetland 10 5 2 4 4 25 (acres) Smetana Lake 0 8 0 0 43 51 (acres) . Total Wetland 10 13 2 4 47 76 Type (acres) 1 C 23\27\444\SMETANA.RPT\KMR 13 TABLE 2 WETLAND COMPONENTS AREAL COVER WITH SMETANA LAKE OUTLET MODIFICATION (WATER LEVEL: 838 ft. MSL) Wet Cattail Shrub Floodplain Open Total Meadow Marsh Swamp Forest Water Area Upstream Wetland 3 13 <1 2 7 25 (acres) Smetana Lake 0 4 0 0 58 62 (acres) Total Wetland 3 17 <1 2 65 87 Type (acres) { NET CHANGE FROM -7 +4 -2 -2 +18 +11 EXISTING CONDITIONS f C 23\27\444\SMETANA.RPT\KMH 14 I TABLE 3 PRELIMINARY COST ESTIMATE SMETANA LAKE OUTLET MODIFICATION Mobilization $70,000 Site Preparation $20,000 Outlet Construction $145,000 Utility Modifications $265,000 ( Trail System $86,000 Road Improvements $30,000 Park Improvements Parking, Boat Ramp, Pavilion, and $126,000 Landscaping First Year Maintenance @ 5% $37,000 Contingency @ 5% $37,000 Engineering, Permits, Legal and $223,000 Administrative - 30% a Property Acquisition and Easements $150,000 Construction Cost in 1992 $1,189,000 Correction to 1994 Construction Season $198,000 at 8% Annually TOTAL ESTIMATED COST $1,387,000 C 23\27\444\SMETANA.RPT\KMH 15 r 3 TABLE 4 SMETANA LAKE PROPERTY OWNERS Mark Thune Parcel 1 10805 Valley View Road Eden Praire, Minnesota 55344 Clara Heath Parcel 2 7665 Smetana Lane Eden Praire, Minnesota 55344 Frank Smetana Parcel 3 Richfield Bank Trust Attn Randall Propp 6625 Lyndale Ave. South Richfield, Minnesota 55423 Golden Triangle Partners Parcel 4 7825 Washington Avenue South Bloomington, Minnesota 55439 t Minneapolis Industrial Properties Inc. Parcel 5 c/o ANB Inst Realty Advisors 505 Montgomery Street San Francisco, California 94111 Albert Cherne, Jr. Parcel 6 Box 975 Minneapolis, Minnesota 55440 Albert Cherne, Jr. Parcel 7 Box 975 Minneapolis, Minnesota 55440 Frank Smetana Parcel 8 • 7722 Smetana Lane Eden Praire, Minnesota 55344 Edward Smetana Parcel 9 7730 Smetana Lane Eden Praire, Minnesota 55344 Vantage Properties Inc. Parcel 10 c/o George McElroy and Associates PO Box 565048 Dallas, Texas 75356 Vantage Properties Inc. Parcel 11 c/o George McElroy and Associates PO Box 565048 Dallas, Texas 75356 23\27\444\SMETANA.RPT\KMH • Nine Mile Cr. olleif 4) 0 400 800 • \%'s Scale in Feet esN i -- r • • • \---------- ,••"./ // •• • • • �l`a\\e� �� I FLOOD LIMIT` PROPOSED I ^ ,• /,J • ) WATERS EDGE ) / - ‘c t,... /.--\._ ,, J/ t� \ -.r 1111 PARK P. /h. j) e`i• ��%� r' NEW CROSSING Smetana Lake ��` , op /1, �I a •mow h %> PROPOSED Q %, PATH i \ 0 Storm Sewer Modifications 71 OUTLET -�, - Flood Limit STRUCTURE `$ � � -- Proposed Waters Edge ,,, /" =Nil Proposed Path Nitimi• A i \ .........-...-__....N. .,,,,,„. ,...,, 0 ,: PEDESTRIAN BRIDGE go Figure 4 PROPOSED PROJECT i ii 1 • (4,") 0 400 800 ; , t Nine Mile Cr. Scale in Feet I • P°aa lit I i i • \ •et1 • 4 , ) • • •� i • 4 5 / Easement Parcel Area (acres) �, r � �� 2 1 .5 1 ml '411A r3 r, , 3 8. 1 2 �r�"•� e 4 16.1 �' �`. 5 1 .8 (",'" . t 8 0.8 9 0.3 Tower / ç; "otion na Lake /4 h Po �i Sanitary Sewer /ra9E, 4► V ��, Park Purchases a lit)ft Easements e ---..,N NOTE: See Table 4 For • '4 Property Owners J � ` , �Tower g w,` L. , ��ndation 9 • %`.s11 . it . t s�sr°�te O,i�e .`•��` 10 i-------- Figure 3 19Q • .. . UTILITIES AND ••`•.•; • REAL ESTATE REQUIREMENTS Cr._ Nine Mire rot ..._......,.........:............ • . . . . . . or f of 00 . . 400 -,.- 0 1 I Scale in Feet 8 - c1/4 fP 4-- •(3.0 s ... spill fpf ...„:•••••,---- i II .......:•-•:.:.. 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