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Home My WebLink AboutCity Council - 06/16/1992 . AGENDA • EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 16, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCI MEMBERS: Mayor Douglas 'Tenpas, Richard Anderson, Jean = Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Julie, 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 • SALE OF$1.100.000 GENERAL OBLIGATION PARK BONDS (Resolution • Page. 1214 No. 92-142), AND $1.940.000 GENERAL OBLIGATION STATE-AID • BONDS (Resolution No. 92-143) • I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS i . H. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY.JUNE Page 1243 2. 1992 M. CONSENT CALENDAR A. Clerk's License List Page 1252 B. 2nd Reading of Ordinance No. 17-92, amending Chapter 2, Page 1253 "Administration and General Government". and Adoption of Resolution No_92-131. authorizing Summary for Publication C. 2nd Reading of Ordinance No. 18-92, amending Chapter 7. Page 1255 "Traffic Regulations".and Adoption of R olution No. 92-132, • • authorizing Summary for Publication. • City Council Agenda June 16, 1992 di • Page Two D. 2nd Reading of Ordinance No. 19-92. amending Chapter 10. Page 1257 "Construction Permits and Regulations". and Adoption of Resolution No. 92-133. authorizing Summary for Publication E. 2nd Reading of Ordinance No. 20-92. amending Chapter 5. Page 1259 "Other Business Regulations and Licensing". and Adoption of Resolution No. 92-134.. authorizing.Summary for Publication F. - 2nd Reading of Ordinance No. 23-92. Rental Housing Code. Page 1261' ' and Adoption of Resolution No. 92-135.-authorizing Summary for Publication G. EDEN PRAIRIE FORD PARKING EXPANSION by Denwal Page 1263 Management. 2nd Reading of Ordinance No. 15-92, Rezoning from Rural to C-Reg-Ser on 1.5 acres, Approval of Developer's Agreement for Eden Prairie Ford Parking Expansion;Adoption of Resolution No. 92-129, Authorizing Summary of Ordinance No. 15-92 and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-128, Approving Site Plan for Eden Prairie ill Ford Parking Exp ansion Location: North of Plaza Drive east of Prairie View Center (Ordinance No. 15-92-Rezoning to C-Reg Ser; Resolution No. 92-129 Authorizing Summary and Publication; and Resolution No. 92-128 - Site Plan Review.) H. EDEN CREEK by J.M.S. Development Corporation. 2nd Page 1275 Reading of Ordinance No.21-92,Rezoning from Rural to R1-13.5 on 6.6 acres; Approval of Developer's Agreement for Eden Creek; Adoption of Resolution No. 92-130, Authorizing Summary of Ordinance No. 21-92 and Ordering Publication of Said Summary. Location: 6615-6625 Eden Prairie Road. (Ordinance No.21-92- Rezoning to R1-13.5; and Resolution No. 92-130- Authorizing Summary and Publication.) I. ADOPTION OF 1991 FINAL BUDGET (Resolution No. 92- Page 1288 141) J. 1st Reading of Ordinance Reuniting Solid Waste Collection and Page 1293 Volume-Based Pricing (Ordinance No. 25-92) K. Approval of Agreement for the Quail RidgeAnartmentProject Page , b • City Council Agenda 4) June 16, 1992 Page Three L. Authorize Feasibility Study of _Indian Road Bridge Page 1301 Replacement. LC. 52-263 (Resolution No. 92-137) M. Final Plat Approval of Shores of Mitchell Lake (located south Page 1304 of TH 5 and west of Shoreline of Mitchell Lake) Resolution No. 92-138 N. Award Contract for. Dell Road Improvements. LC. 52-160 Page 1307 (Resolution No. 92-118) Continued from June 2, 1992 O. Endorsement of Deer Control Fencing at Flying Cloud Airport Page 1310 P. CSAH 4 Trail Budget Amendment Page 1313 Q. Resolution No. 92-144 Authorizing the Combination of Certain Page 1315 Funds and a.$2.000.000 "Bridge Loan" IV. PUBLIC HEARINGS/MEETINGS 411 A. Order Improvements and Preparation of Plaps and Specifications-for Braxton Drive. I.C. 52-189 (Resolution No. 92-56) Continued from April 7, April 21, 1992, May 5, May • 19, 1992, and June 2, 1992 B. DORENKEMPER ESTATES by Alex Dorenkemper. Request Page 1316 for Preliminary Plat of 46 acres into 4 lots, PUD Concept on 46 acres and PUD District Review on 46 acres with waivers for lot size. Location 18925 Pioneer Trail. (Resolution No. 92-127 - PUD Concept; Ordinance No. 24-92-PUD-4-92 - PUD District Review; and Resolution No. 92-126 -Preliminary Plat) C. VACATION 92-04 - Drainage and Utility Easement on Lot 6 Page 1336 and 7. Block 1. Welter Purgatory Acres 6th Addition (Resolution No. 92-140) V. PAYMENT OF CLAIMS Page 1340 VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS. REQUESTS AND COMMUNICATIONS A. Request from Strathy's regarding ConservancyPage1 1 q y Easement 34 (Continued from June 2, 1992) City Council Agenda June 16, 1992 Page Four B. Request for Use of Motorized Vehicles on Transnortation Trails Page 1 C. Sue Nathan. Minnegasco. Announcing Community Energy Page 1355 -Services Program. VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES A. Report from Technology Committee Page 1356 IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. City Manager's Mid-Year Review Page 1360 B. Report of City Manager C. Report of Director of Parks. Recreation & Natural Resource D. Report of Director of Planning E. Report of Director of Public Works 1. TIF Project List Report (Continued from June 2, 1992) 2. Award Contract for Traffic Signals at TH 169/212 and Leona Road/Eden Road. I.C. 52-223 (Resolution No. 92-136) F. Report of City Attorney G. Report of Finance Director XI. OTHER BUSINESS XII. ADJOURNMENT • • AGENDA • • JOINT CITY COUNCIL/PLANNING COMMISSION MEETING TUESDAY, JUNE 16, 1992 6:00 P.M. CITY HALL COUNCIL CHAMBERS 7600 EXECUTIVE DRIVE, EDEN PRAIRIE COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock • PLANNING COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Karen Norman, Hawkins, Katherine Kardell, Doug Sandstad, Mary Jane Wissner COUNCIL AND PLANNING COMMISSION STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig W. Dawson, Director of Planning Chris Enger, Senior Planner Michael D. Franzen • ROLL CALL • I. CALL MEETING TO ORDER II. DISCUSSION OF CITY'S CURRENT MISSION STATEMENT OR PHILOSOPHY OF GROWTH • • �• ADJOURNMENT MEMORANDUM • • TO: Mayor and City Council FROM: Doug Sandstad, Chairman Planning Commission SUBJECT: Agenda for Joint Planning Commission/City Council Meeting June 16, 1992 - 6:00 p.m. In preparation for the Joint Meeting, the Planning Commission spent considerable time discussing a list of potential discussion items ranging from specific issues e.g., cul-de-sac vs. thru streets, to broad issues e.g., pro-active vs. reactive planning. The current Planning Commission is aware that past Commissions and Councils have believed in a mission of balanced growth with high standards and respect for preserving natural features. This mission should be discussed to determine if it should be reaffirmed or changed. Since Eden Prairie is approximately 60% developed, the Commission welcomes the opportunity to discuss what we believe to be the most important question facing the Planning Commission: "What should the philosophy of growth or mission statement be for future development of the remaining 40% of the land in the City?" • This philosophy or mission statement may be shaped by issues which include but are not limited to the following: • Role of the Planning Commission in the Development Review Process • • Housing Balance • • Preservation of Natural Features • • Development of a Downtown Area • Providing for an Efficient Road System • Development Standards • Pro-Active vs. Reactive Planning • Land-banking cc: Planning Commission City Planning Staff • GU KKE -1 Pc EP 151 coulJeAL ' tot 89 • CITY OF EDEN PRAIRIE STRATEGIC PLAN • 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 Excellence. • MOTTO: : PRIDE THROUGH EXCELLENCE SUPPORTING GOAL STATEMENTS: • • 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. • COMMUNITY DEVELOPMENT • oal: 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 pedestrain 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 Goal : To ensure that essential and desired services are provided at an acceptable cost which lead toward a high quality of life for all. • ESTABLISHED PRACTICES DEVELOPMENT REVIEW AND TIMING 1. Project Scheduling First Come - Most Complete - First Scheduled 2. Agenda Size Maximum of three (3) large new development projects, fourth allowed if small, or routine, in nature. Maximum of two (2) continued projects, totalling five (5) to six (6) total projects on any Planning Commission, or Council, agenda. • 3. Agreement Scheduling No final plat will be released until the Developer's Agreement is signed and ready for adoption by the Council. Whenever possible, the timing from first to second reading will be no more than 30 days (two Council meetings). 4. Staff Review As many issues as possible should be worked out before any public meeting between Staff, Developer, and various . agencies involved (i.e. Hennepin County Transportation, DNR, etc.). 5. Neighborhood Meetings Encouraged whenever possible and should be held before the Planning Commission review. City provides Developer with the same mailing list as will be used for public hearings. 6. Grading/Erosion Control PCA Erosion Control Manual to be used on all construction projects. • No grading permit issued without approved development plan. Early grading permit may be issued before 2nd reading/execution of Developer's Agreement if all items are agreed to (i.e. Watershed District requirements, etc.) But, Developer proceeds at own risk. DESIGN CRITERIA GENERAL 1. Quality Development Encourage quality development at all times 2. Development Costs Developer's not charged for full cost of processing development (Staff time, lists for public hearings, mailing costs, etc) 3. Comprehensive Plan Entire undeveloped community zoned Rural - Rezonings evaluated according to the Comprehensive Plan. 4. Guide Plan Amendment Guide Plan Amendments must be justified - follow the "Substantiation for Guide Plan Amendment" worksheet. 5. Zoning by Specific Plan Developer's Agreement for all new development, considered part of zoning ordinance zoning property. • 6. Cul-De-Sacs No unnecessary cul-de-sacs are allowed. Exceptions are based on topography, vegetation, or wetland protection. Cul-de-sacs over 500 ft. in length are allowed only if other alternatives are non-existent, or grade prevents through- street construction. 50 ft. radius on cul-de-sacs. • 7. Streets Collector and Minor Streets shall be in the locations as shown on the Comprehensive Guide Plan Map. Streets shall be aligned directly across from each other if at all possible, or offset by at least 125 ft. Streets shall be constructed to a 28 ft. width in residential neighborhoods. 8. Sidewalks and Trails Collector Streets - Sidewalk on one side of the road and • bituminous trail on the other side. Minor Collectors - Sidewalk on both sides of the road. • Neighborhood Streets - Along one side of neighborhood • through-streets and along one side of long looped streets and long cul-de-sacs. 9. Ponding NURP Pond standards required for Commercial projects over five (5) acres and Residential projects over ten (10) acres. 10. Natural Amenities Natural resources and amenities are to be preserved whenever possible(lakes, streams, vegetation, steep slopes, other natural topographic features). 11. Conservancy Easements Generally required over above natural features/amenities. 12. Minnesota River Bluffs Bluff areas must be protected. Erosion control, density, aesthetics, drainage, etc., are considerations in review. Projects in wooded areas to be reviewed to reduce predicted tree loss to be less than 30% 13. Setbacks Front yard setbacks allowed at 25 ft. in residential areas if • trees are preserved. 14. Retaining Walls Use of keystone masonry materials strongly encouraged, instead of timber. 15. Density Transfer Granted on case by case basis. Density transfers • sometimes allowed from environmentally sensitive areas (creeks, flood plain, wooded areas) depending upon extent to which transfer results in problems or results in mitigation of problems. 16. Private Roads Generally discouraged; allowed with covenants for maintenance in multiple residential and some commercial/industrial areas. Allowed in single family areas if area is environmentally sensitive, or more trees would be preserved. 17. School Projects Consistency with Code requirements strongly encouraged. 18. Flying Cloud Airport Airport standards are less than Code requirements. • 19. Safety Coordinate development design with safety of users and residents in mind. DESIGN CRITERIA - RESIDENTIAL • 1. R1-9.5 R1-9.5 to be used in areas designated as Residential Multiple in the Comprehensive Guide Plan. Architectural Diversity Plan required for R1-9.5 (No two substantially similar units shall be located adjacent, directly across, or diagonally across from each other. R1-9.5 to be reserved for modest-cost housing (FHA limits) 2. Building Pads In more expensive, wooded single family subdivision, building pads are planned with a minimum 75 ft. depth in order to predict likely tree loss. 3. Irrigation Strongly encouraged in Multiple Residential developments. 4. Lot Splits - Rural Allowed to be under ten (10) acres in size if hardship exists and with land hold agreement for no further development until sanitary sewer is available. 5. Flag Lots Generally unacceptable unless designed for the purpose of • protecting natural amenities. Usually one acre in size, or greater. 6. Driveways Encouraged to be no greater than 12% slope for safety purposes. 7. Residential Lot No residential lots shall be allowed to front on designated Frontage Collector Streets. DESIGN CRITERIA - CHURCHES 1. Exterior Materials Often granted waiver/variance for exterior materials required (75% brick, glass, or better). 2. Location Churches frequently allowed as transitional ;land uses between residential neighborhoods and busy roads, or commercial areas. 3. Parking Unsurfaced, temporary arkin lots sometimes allow • Po az'Y P g ed. DESIGN CRITERIA - COMMERCIAL • 1. Lighting Down-cast luminars, at a maximum height of 20 ft. adjacent to residential areas. 2. Traffic Study May be required - paid for by developer 3. Irrigation Strongly encouraged in commercial developments 4. Transition to Other Uses Distance, grade, landscape buffers, transitions, between differing land uses. 5. Shopping Center Signs Allowed according to approved, comprehensive sign plan for the property, including consistent location, size, color, letter style, lighting, etc. 6. Parking Lots Variances sometimes given for FAR and/or BAR if adequate parking, or public amenity, or other mitigation is provided. 7. Large Parking Lots Lots over 200 spaces in size required to be broken up with significant landscaped areas. • 8. Outdoor Display/Storage Special screening required (brick, landscaping, berming) for materials stored outside of structure, such as garden supplies and plants, automobiles for retail sale, etc. 9. Canopies for Strip Malls Canopies to be extended across building fronts with design opportunity for enclosure in the future. 10. Commercial Centers Support up to three commercial centers in the City (100 - 200,000 sq. ft.) 11. Neighborhood Commercial Support up to ten neighborhood-scale commercial centers (30 - 50,000 sq. ft.) DESIGN CRITERIA - INDUSTRIAL 1. Office Use > 50% Industrial areas frequently given waiver to allow more than 50% office use if adequate parking is available. • 2. Irrigation Strongly encouraged in industrial developments 3. Transition to Other Uses Distance, grade, landscape buffers, transitions, between differing land uses. 11111 4. Parking Lots Variances sometimes given for FAR and/or BAR if adequate parking, and public amenity, or other mitigation is provided. 5. Large Parking Lots Lots over 200 spaces in size required to be broken up with significant landscaped areas. 6. "High Tech" City will consider "Hi-Tech" uses in Office Guided areas of Comprehensive Guide Plan if office characteristics designed into plan. DESIGN CRITERIA MAJOR CENTER AREA 1. Residential Density Higher Residential Density allowed in MCA. 2. Taller Buildings Taller Buildings allowed in MCA. 3. Land Use Mix Land Use Mix encouraged in MCA. 4. Traffic Studies Traffic Studies Required in MCA if traffic estimate for use exceed adopted NEEPA Study estimates. 5. Interim Uses Interim Uses allowed in MCA, only, to allow transition between existing residential uses and planned commercial uses. ENFORCEMENT ISSUES 1. Outside Storage Enforcement costs paid by Developer/Operator of use when outside storage variances/waivers are granted by Developer's Agreement (i.e., Frank's Nursery and Crafts). 2. Billboards Eliminate them. 3. Zoning Code Regulations Enforced on a complaint basis (wood piles, unlicensed vehicles, etc.). 411 Blatant violations pursued by Staff without complaint. Hazardous situations acted upon immediately. • Proceed to court if all other avenues fail and complainant • is willing to testify. 4. 2-Year Zoning Limit If no development has occurred for a period of two years after granting of zoning, Council has option to rezone property back to Rural. HOUSING POLICIES 1. Variety Encourage variety of housing types and costs for different living and working environments through innovative architecture and land use mixes. 2. Manufactured Housing Allow manufactured housing. 3. Lower Development Costs Reduce fees and offer support of development costs (CDBG Funds, TIF) low income and elderly housing. 4. Elderly and Low Income Encourage housing for elderly and low income families. • 5. Housing Projections Prepared. by Staff based on land use designations within current Comprehensive Guide Plan - updated yearly. 6. HRA Use full authority of HRA to support development of low income and elderly housing. 7. Housing Revenue Bonds Exchange access to housing revenue bonds for low income and elderly housing units within development projects. 8. Low/Mod. Income Housing Provide 1,338 units for low/moderate income housing by 1987 per Metro Council, 60% of which should be for family units, 40% for elderly units. 9. Non-Subsidized Housing Attempt to provide lower cost, non-subsidized housing through manufacatured housing and multiple family units. • COMPREHENSIVE GUIDE PLAN DEVELOPMENT POLICIES • 1. Overall Goal Develop plan based on 80-100,000 population, with commercial, industrial, and institutional uses which provide high quality environment. 2. MUSA Line Development is allowed within the MUSA Line, based on the availability of trunk utility systems. • • • ORDINANCES 1. No development plan - no zoning granted. (Same as 2. below) 2. Zoning approved according to a specific plan. (Sec. 11.20, Subd. 3., C.) (Sec. 11.25, Subd. 3., B.) (Sec. 11.30, Subd. 3., B.) 3. Entire undeveloped portion of the community zoned Rural. Rezonings shall be in accordance with the land use designations of the Comprehensive Guide Plan. (Sec. 11.01) 4. Screening is required from adjacent, differing land uses and public roads from parking areas, loading areas, and outside storage. (Sec. 11.03, Subd. 3., 6., 4., k. and i, and H., 5., a.) 5. Outside display area is limited to 10% of the total building area. (Sec. 11.30, Subd. 3., J., 2.) • 6. Grand openings are allowed only once for each business. ( Sec. 11.70, Subd. 3., 6.) 7. Exterior materials for multiple residential, commercial, and office uses are required to be 75% brick, glass, stone, or better materials. Textured concrete is allowed as an exterior material in Industrial Districts.(Sec. 11.30, Subd. 3., K., 2.) 8. Cul-de-sac maximum length is 500 ft. (Sec. 12.30, Subd. 3., G.) 9. Developer are responsible for tree preservation, restoration and replacement.(Sec. 11.03, Subd. 3., G., 4. g & i, Seca 11.55, Subd. 5., A., 6., and C., 9.) 10. The amount and size of landscaping required for a development is proportional to the size of the building. (Sec. 11.03, Subd. 3., G., 4., b., chart) -- 11. No off-site glare is allowed from lighting installed on the property. (Sec. 11.03, Subd. 4., F.) 12. There shall be architectural compatibility of design, materials, signage, etc., among neighboring uses. (Sec. 11.03, Subd. 6., E., 8.) 13. Public streets are required. (Sec. 11.03, Subd. 3., A.) S DEPARTMENT PROCEDURES 1. Project Amendments May be approved, depending on significance of change,by: a) City Staff b) City Commission c) City Council d) New Public Hearing Process 2. Code Interpretation Controversy over Code interpretation may be resolved by: a) City Staff/Attorney b) Board of Appeals/Planning Commission c) City Council 3. Code Enforcement Enforcement of Code violations handled: a) On a complaint basis • b) If a blatant violation c) Immediately if a hazardous situation exists d) Through the court system if complainant is willing to testify 4. Developer Agreement Between 1st and 2nd reading of ordinance rezoning Rezoning 2nd Reading property, timing is 30 days (two Council meetings) to allow for drafting, distribution, review, and signature of Developer's Agreement. • No 2nd reading of ordinance rezoning property is allowed without a signed Developer's Agreement. 5. Streets City streets shall be 28 ft. in width. Curb and gutter shall be constructed along all streets. 6. Landscaping and A mix of coniferous and deciduous trees is encouraged in Tree Replacement tree replacement plans and landscape plans. Replacement/plantings requirements for tree replacement and proportionate landscaping are based on the most liberal interpretation by City. Financial securities provided for landscaping and tree replacement are reduced proportionate to the amount of plant materials installed and living for a period of one year. Planting plans - Available tree stock may differ from that shown on planting plan during review process. Developers are allowed to substitute similar species of trees without penalty or additional review. 7. Parking Lots Parking lot medians under ten (10) ft. wide should be widened or consolidated with others to allow for landscaping in the medians. All parking lots shall be constructed with curb and gutter. Proof of parking allowed - Developer may show that space is available on the parcel for the construction of required • parking, but may not be required to actually construct any more parking than required by the current number of employees. Corner lots - parking in the "second" front yard allowed in 1/2 of front yard setback. More major street shall have the full front yard setback. Fast-food restaurants encouraged to provide .1 parking space for each 1.69 seats in restaurant. 8. Trash Enclosures Treatment, location, materials, etc., encouraged to be handled in an architecturally compatible manner. 9. Application for See detailed procedures in "EDEN PRAIRIE Development Review DEVELOPMENT REVIEW" 10. Comprehensive Plan All amendments to the Comprehensive Plan are submitted Amendments to the Metropolitan Council, except: a) Minor residential changes of less than 15 units. b) Minor graphics changes (clarification of map). c) Amendment to a previously approved designation for the property. 11. ' Building Permit One permit may be issued prior to recording of a final plat Issuance for a parcel being platted. 12. Platting Required If request is made to split a lot, a plat will be required to accomplish the lot split. Administrative splits possible at discretion of City Engineer. 13. Hearing Notices Mailed to everyone in 500 ft., even though 300 ft., or less, required by statute. Neighborhoods not split. Notices sent for public hearings AND public meetings. Sent for Planning Commission AND City Council meetings. 14. Special Studies As needed, special studies will be prepared for development review, i.e. traffic studies, EAW, drainage studies, etc. 15. Housing Programs Housing Rehabilitation Deferred Loan Program, Scattered Site Housing Program, MHFA Minnesota Cities Participation Program (MCPP), and Reprogramming of CDBG Funds, each have developed administrative procedures, some modified to meet the special needs of Eden Prairie. • . . I • II:• " - ..-1°'` 7 E? • • QI .r u !:!: i N ti N N ..• —. M1 ti F� N {fr N N N N W • .may E N7 :>: . 1 N '� M1 L a a CV W z? Iri Wiiiii I— .. cm E • li • �V .r ti Mi 0 00, - cm - t N N „, ,i--- . . . iip .53 4 . ... 0 • • 1 k .: _. ... •••1 .... , • • - N • F- • f c." W' • Ly •• Li • i • .=J EZ z +y+ E • I 9 hi.`::::v I • E. 5 '1 :::: 5 I 1 ,E i ?" i I s ::.i a0 i iii: i I I w '� f0 40 = fL1� H O L�/f = O m C • ; 7 :;, a O O H7 ....1.:. :•:' • • • • ,. DEIJELOPMENT REVIEW SCHEDULE - SUBMISSION DEADLINE OF JUNE 8-12, 1992 ••••••••••••-•••••••••••••••••••••,....-...........................,...------........-....:.?..:-:.:.:•:.:.:•:•:•:•:•:•:-:-:•:•:•:.:.:.:.:-:-:.:.:.:.:.:.:.:.:.:.:.:.:-:-:-:-:-:.:.:.:.:-:.:.:.:.:.:.:.:.:-:.:.:.:-:.:-:-:-:.:.:.:.:.:.:,..:.:.:.:.:.:-:,::.:-:-:-:-:.:-:-:-:.:.:-...:.:.:.:.:-:.:.:.:.:.:.::::.:::::::::::::::::::::::::::::::::::::::::x:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::,:,:,,,,,,,,,,,,,::w::::::::::::;::::,:.::::m:E:K:E:E:::::K:K:K:K:K:K::x.*x*::.:::•.•. 1992 Task Name Mag Jun Jul Rug 11 Se I Submit Rpplication ii Jun 12, 1992 I Plans ]! Jun 12, 1992 I •• Written Materials :i Jun 12, 1992 :•:. :•:.: .•:„: Application Approved • . Jun 12, 1992 • .••: •• :: .. . Staff Retrial! :: •.. Jul 9, 1992 ,..•• Staff Research : .. Jun 26, 1992 taalm:imil : . „ Other Fluency Input ii Jun 22, 1992 lil : Staff Report •.. • Jul 9, 1992 1:7777.771 . gi Planning Commission Meeting .: •.. Jul 13, 1992 A: FUR Review :. •. . Rug 13, 1992 -- --------',- ••••- •-- :::: • :: .... ERIII Published :. . Jul 31, 1992 1:::::::::::::::::::::::::::::::::::::::4 : .. :. .. • :: Ern Rug 13, 1992 I Findings :: . . •• ..•:. ... . . . PRNR Review Jul 31, 1992:: .•. .. ,Staff Review .. • Jul 27, 1992 1:::i*:•$:::*E:i:il : .. Staff Report :: :. Jul 31, 1992 1::::::::::::::1 :...-: .: .. :•:•:': PRNR Meeting :::: Rug 3, 1992 • . ..::-.-'• :::. . .. .•: Counci Review • • Rug 25, 1992 .::.•-: .... •• Counci Public Hearing • . ::• Rug 4, 1992 A :".•..-"-: .• .-...-: .... : .. • .. . .. . .. PC/PRNII Follow-up . :: . Hug 25, 1992 1777-7.7•377:77:MI .-..-. :• :::.:• • :: Guide Plan Rmend-Metro CouncN :. Rug 25, 1992 1777-717:7=377:73 . .. .... .... : . .•• .••• .. :.: Board of Rppeals I? Ildjustments .. . Rug 13, 1992 • i:: •, !ii: Counci lipprouals , • Rug 25, 1992 -- - -•-•- :. ••••: :: . :i:: • .:iiil, • Developer's Agreement .. •.• Hug 25, 1992 /::::::::::::::::::::•;$::::-.,,,;::::::::::::::::::::::::;,:-.:::1 :1! . • .•• • •oi!: Final Plat ••.:: Rug 25, 1992 I:::::::::::::::::::::::::::::::::::::::::::::*K::::::::.-:::::::1 :: • :i:.,.,,..Council Meeting-Final Rpproval :: • Sep lt 1992 • ..::P "••••• :.:::-:::::-:.:.:-:.:-:.:::::.:::::•:-:::::::::::::::::::::::::::::::::::::::::::::::::-::::•:::-:::::::::::•::•::::.:••••"•-•-•-•-•:•••:•••••••••:•••:•••••:-:•:•••:•:•:•:-:-:-..-.•:•:•:•:•:•:•:•:•:•:•:•:•:•:•••:•••-•:•••••:•:•:-:,:•,:•:-.•••••••:•:•••:.•••:•••-••••••••••••••••••:•,...:••fi-i••:•:••:?i•i•i-•:-•:•???•:•:•:•:•:•:•:••:•:•:•:,•:•:•:•:•:•:•:,:,:•,:•x•:•:•:•:•:•••:,•:•:•:•:•:•:•:•:•:•:•:••:,••:•:•,:•:•:,•:•:•:•,:•,,,,,:•,,,:•:•:•:•,:,•,-,??:?:-:•:7?-2=-:---,,,,,,,,, ,•:•••••••••:•:-•:•,-:?::•::•:•:•,•:•:•••:•:•••:•••::•::••:•:•:',,"' Actual Milestone SUBJECT TO CHANGE - NOT II FINAL SCHEDULE LA..: A • • 411 . • • • • RESOLUTION NO. 92-142 RESOLUTION RELATING TO $1, 100, 000 GENERAL OBLIGATION PARK BONDS, SERIES 1992A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City") , as follows : Section 1 . Authorization and Sale . 1 .01 . Authorization . By Resolution No . 92-109 , adopted May 19, 1992, this Council authorized the issuance and called for the public sale on this date of its General Obligation Park Bonds, Series 1992A (the "Bonds") for the purpose of financing the development of land and facilities for the City' s program of public recreation (the "Improvements") . The issuance of bonds for such purpose was approved by a majority of the votes cast on the question at an election duly called and held in the City on March 17, 1992 . 1 . 02 . Sale . The City has retained Springsted Incorporated III as independent financial advisors in connection with the sale of the Bonds . Pursuant to Minnesota- Statutes, Section 475 . 60, subdivision 2, paragraph (9) , the requirements as to public sale do not apply to the issuance of the Bonds . Springsted Incorporated has been authorized to prepare a form of Terms of Proposal for soliciting bids on the Bonds and this Council hereby • ratifies and confirms such Terms of Proposal . Pursuant to such solicitation, sealed bids for the purchase of the Bonds were. received at or before the time specified for receipt of bids . The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of , of , Minnesota (the "Purchaser") , to purchase the Bonds at a price of $ plus interest accrued on the Bonds to the date of delivery, the Bonds to bear interest at the rates set forth in Section 2 . 01 hereof. The proposal is reasonable and advantageous to the City and is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City with the Purchaser for the sale of the Bonds . The City Finance Director/Clerk shall deposit the good faith deposit of the Purchaser in accordance with the Terms of Proposal but the good faith checks of the unsuccessful bidders shall be returned forthwith. r 1 . 03 . Recitals . All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, • having happened and having been performed, it is now necessary for this .Council to establish the form and terms of the Bonds, to provide the security therefor and to issue the Bonds forthwith. Section 2 . Form of Bonds . The Bonds shall be prepared in substantially the following form: 4101 -2- qi l • [Face of the Bonds] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION PARK BOND SERIES 1992A No. $ Date of Interest Rate Maturity Date Original Issue CUSIP July 1, 1992 SEE REVERSE FOR REGISTERED OWNER: CERTAIN DEFINITIONS PRINCIPAL AMOUNT: DOLLARS • FOR VALUE RECEIVED, THE CITY OF EDEN PRAIRIE, Hennepin County, Minnesota (the- "City") , acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, and to pay interest thereon from July 1, 1992, or from the most recent date to which interest has been paid or duly provided for, at the annual rate specified above, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. Interest hereon is payable on February 1 and August 1 in each year, commencing August 1, 1993, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on in , , as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the "Registrar") . For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the City are hereby irrevocably pledged. _3_ - I9j / Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon . This Bond shall not be valid or become obligatory for any • purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by the manual signature of one of its authorized representatives . IN WITNESS WHEREOF, the City of Eden Prairie, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Manager. (Facsimile Signature) (Facsimile Signature) City Manager Mayor Dated: CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within . as Registrar4111 By Authorized Representative [Reverse of the Bonds) This Bond is one of an issue in the aggregate principal amount of $1, 100, 000 (the "Bonds") , issued to provide funds to develop land and facilities for the City's program of public recreation, and is issued pursuant to the requisite majority vote of the electors of the City voting at an election duly called and held, and pursuant to a resolution adopted by the City Council on June 16, 1992 (the "Resolution") , and pursuant to and in full conformity with the provisions of the Constitution and laws of the -State of Minnesota thereunto enabling, including Minnesota Statutes, Section 471 . 191 and Chapter 475, as amended. The Bonds are issuable only as fully registered bonds, in denominations of $5, 000 or any multiple thereof, of single maturities . Bonds having stated maturities in 2002 and earlier years are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 2003 and later years are each subject to redemption, at the option of the City, in whole or in part, and if in part in such order as the City may determine and within a maturity in $5, 000 principal • -4- lAr1 amounts selected by the Registrar by lot or other manner it deems fair, on February 1, 2002 and any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days before the date specified for redemption, the City will cause notice of redemption to be mailed, by first class mail, to the Registrar and the -registered owner of any Bond to be redeemed at the owner' s address as it appears on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure . Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest . Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner ' s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations . Upon any such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange . The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof; whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due time, form and manner as so required; that prior to the issuance hereof the City Council has by the Resolution covenanted and agreed to levy ad valorem taxes on all taxable property in the City, which taxes are collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and additional ad valorem taxes, if needed, will be levied -5- 1 l7 upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of the Bonds does not cause the indebtedness of the City to exceed any constitutional or statutory limitation . 4111 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations : TEN COM —as tenants UTMA— by as Custodian for. in common (Cust) (Minor) TEN ENT —as tenants under Uniform Transfers to Minors Act by the entireties (State) JT TEN -as joint tenants with right of survivorship and not as tenants in common Other abbreviations may also be used. • • -6- (Following the opinion of Bond Counsel) We certify that the foregoing is a true copy of the opinion of Bond Counsel on the issue of Bonds of the City of Eden Prairie, III Minnesota, which includes the within Bond, dated as of the date of original delivery of and payment for the Bonds . (Facsimile Signature) (Facsimile Signature) City Manager Mayor ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises . Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE : The signature to this OF ASSIGNEE: assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, 0 enlargement or any change whatsoever. SIGNATURE GUARANTEE Signature (s) must be guaranteed by a commercial bank or trust • company or by a brokerage firm having a membership in one of the major stock exchanges . Section 3 . Bond Terms. Execution and Delivery. 3 .01 . Dates, Maturities. Interest Rates, Denominations . Payment . The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Park Bonds, Series 1992A", in the aggregate principal amount of $1, 100, 000 . The Bonds shall be dated, as originally issued, as of July 1, 1992, shall each be in the denomination of $5, 000 or any integral multiple thereof of single maturities, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from July 1, 1992 until paid or duly called for redemption at the rates per annum shown 10 opposite such years and amounts as follows : -7- / :; u Year Amount Rate Year Amount Rate 1995 $35, 000 2005 $55, 000 1996 35, 000 2006 60, 000 1997 40, 000 2007 65, 000 1998 40, 000 2008 70, 000 1999 40, 000 2009 75, 000 2000 45, 000 2010 75, 000 2001 45, 000 2011 80, 000 2002 50, 000 2012 90, 000 2003 50, 000 2013 95, 000 2004 55, 000 The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal thereof, shall be payable by check or draft drawn on the Registrar. Upon the original issuance of the Bonds to the Purchaser and upon each subsequent transfer or exchange of a Bond pursuant to Section 3 . 03, the Registrar shall date each Bond it delivers as of the date of authentication . 3 . 02 . Interest Payment Dates . Interest on the Bonds shall be payable on each February 1 and August 1, commencing August 1, 1993, to the owners of record thereof as such appear on the bond register at the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day . • 3 . 03 . Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent for the Bonds (the "Registrar") . The effect of registration and the • rights and duties of the City and the Registrar with respect thereto shall be as follows : (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds . Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer of any Bond or portion thereof selected or called for redemption . -8- /' Obi 1 (c) Exchange of Bonds . Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner ' s attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners . The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner ' s order shall be valid and effectual • to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges . For every transfer or exchange of Bonds (except for an exchange upon the partial redemption of a Bond) , the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange . (h) Mutilated, Lost , Stolen or Destroyed Bonds . In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount as may be required by law and as is satisfactory to the Registrar, in which both the City and the Registrar shall be named as 411 obligees . All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be -9- n given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment . • (i) Authenticating Agent . The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475 . 55, Subdivision 1, as amended. 3 .04 . Appointment of Initial Registrar. The City hereby appoints in as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver a contract with on behalf of the City. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon 30 days ' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director/Clerk shall transmit to the Registrar, money sufficient for the payment of all principal and interest then due . 3 . 05 . Rldmptioa. Bonds maturing in 2002 and earlier years • shall not be subject to redemption, but Bonds with stated maturities in 2003 and later years shall each be subject to redemption, at the option of the City, in whole or in part, and if in part in such order as the City shall determine and within a maturity in $5, 000 principal amounts selected by the Registrar by lot or other manner it deems fair, on February 1, 2002, and any date thereafter, at a price equal to the principal amount thereof to be redeemed with interest accrued to the date of redemption. The City Finance Director/Clerk shall cause notice of redemption to be mailed, at least 30 days prior to the designated redemption date, by first class mail, to the Registrar and to the registered owners of each Bond to be redeemed at their addresses as they appear on the bond register described in Section 3 .03, but no defect in or failure to give such mailed notice shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure . The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice " of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest . • -10- In addition to the notice prescribed by the preceding paragraph, the City Finance Director/Clerk shall also give, or 0 cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by first class mail or telecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds (such depositories now being The Depository Trust Company, of Garden City, New York; Midwest Securities Trust Company, of Chicago, Illinois; and Philadelphia Depository Trust Company, of Philadelphia, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof. Bonds in a denomination larger than $5, 000 may be redeemed in part in any integral multiple of $5, 000 . The owner of any Bond redeemed in part shall receive, upon surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations equal in principal amount to the unredeemed portion of the Bond so surrendered. 3 .06 . Pre•-x ion and Delivery. The Bonds shall be prepared under the direction of the City Finance Director/Clerk and shall be executed on behalf of the City by the signatures of the Mayor III and the City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles thereof. The seal of the City need not be affixed to or imprinted on any Bond. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative . The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Finance Director/Clerk to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price . Section 4 . Security Provisions . 4 . 01 . Sinking Fund. There is hereby created a sinking fund 0 for the Bonds (the "Sinking Fund") , to be held and administered by the City Finance Director/Clerk separate and apart from all other -11- funds of the City and used for no purpose other than the payment of the principal of and interest on the Bonds or the payment from time to time to the United States of amounts required by Section 148 (f) of the Code; provided, that if any payment of principal and interest shall become due when there is not sufficient money in said fund therefor, the City Finance Director/Clerk shall pay the • same from the general fund of the City, and the general fund shall be reimbursed for such advance out of the prceeds of all taxes levied pursuant to this resolution and all other moneys received for or appropriated to the payment of principal and interest . There shall be credited to the Sinking Fund, from the proceeds and immediately upon delivery of the Bonds to the original purchasers, the sum of $ , which amount represents a part of the interest to accrue on the Bonds prior to the anticipated date of commencement of the collection of the taxes hereinafter levied for payment of the Bonds and interest thereon. 4 . 02 . Tax Levy. For the prompt and full payment of the principal of and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. To provide moneys for the payment thereof, there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be collectible with other taxes in the years and amounts as follows : Levy Collection Levy Collection Year Year Amount Year Year Amount • The foregoing tax levies are such that if collected in full they will produce at least five percent (5%) in excess of the amount needed to pay when due the principal of and interest on the Bonds . Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent provided in Minnesota Statutes, Section 475 . 61 . Section 5 . Defeasance . When all of the Bonds have been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the owners of the Bonds shall cease . The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should • -12- - lcI not be paid when due, the City may nevertheless be discharge its liability with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest 0 accrued to the date of such deposit . The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; provided that notice of the redemption thereof has been duly given as provided in Section 3 . 05 . The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to such earlier redemption date . Section 6 . County Auditor_Registration. Certification of Proceedings and Official Statement . 6 .01 . County Auditor Registration. The City Finance Director/Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other information as the 4110 County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on the County Auditor ' s bond register and the taxes required by law for the payment of the Bonds have been levied. 6 . 02 . Certification of Proceedings . The officers of the City and the County Auditor of Hennepin County are hereby authorized • and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein . 6 . 03 . Official Statement . The Official Statement relating to the Bonds, dated June 3, 1992, prepared and distributed on behalf of the City by Springsted Incorporated is hereby approved and the determination of the City Finance Director/Clerk that the Official Statement has been deemed final for purposes of SEC Rule 15c2-12 (b) (1) is hereby ratified and confirmed. The officers of the City are hereby authorized and directed to execute such III certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement and to -13- - a SIC(0 . the foregoing, the City Finance Director/Clerk is hereby authorized and directed to execute a Rebate Certificate, dated as of the date of delivery of the Bonds, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or. terminated in • accordance with the provisions thereof . 7 . 05 . Information Reporting. The City shall file with the Secretary of the Treasury, not later than October 15, 1992, a statement concerning the Bonds containing the information required by Section 149 (e) of the Code . Mayor Attest : City Finance Director/Clerk (SEAL) 4111 iaa • • RESOLUTION NO. 92-143 RESOLUTION RELATING TO $1, 940, 000 GENERAL OBLIGATION STATE-AID ROAD BONDS, SERIES 1992B; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City") , as follows : Section 1 . Authorization and Sale . 1 .01 . Authorization. By Resolution No. 92-108 , adopted May 19, 1992, this Council authorized the issuance and called for the public sale on this date of its General Obligation State-Aid Road Bonds, Series 1992B (the "Bonds") for the purpose of financing various state-aid road improvement projects (the "Improvements") , under and pursuant to Minnesota Statutes, Chapter 162, as amended (the "Act") . The total cost of the Improvements is now estimated as follows : Construction $ • Design and Inspection Legal, Fiscal and Administrative . Total $ 1 . 02 . Sale . The City has retained Springsted Incorporated as independent financial advisors in connection with the sale of the Bonds . Pursuant to Minnesota Statutes, Section 475 . 60, subdivision 2, paragraph (9) , the requirements as to public sale do not apply to the issuance of the Bonds . Springsted Incorporated has been authorized to prepare a form of Terms of Proposal for soliciting bids on the Bonds and this Council hereby ratifies and confirms such Terms of Proposal . Pursuant to such solicitation, _ sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids . The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of , of , Minnesota (the "Purchaser") , to purchase the Bonds at a price of $ plus interest accrued on the Bonds to the date of delivery, the Bonds to bear interest at the rates set forth in Section 2 . 01 hereof. The proposal is reasonable and advantageous to the City and is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a 411111 contract on. the part of the City with the Purchaser for the sale of the Bonds . The City Finance Director/Clerk shall deposit the good faith deposit of the Purchaser in accordance with the Terms of Proposal but the good faith checks of the unsuccessful bidders shall be returned forthwith. 1 . 03 . Recitals . All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Bonds, to provide the security therefor and to issue the Bonds forthwith. Section 2 . Form of Bonds . The Bonds shall be prepared in substantially the following form: III • • -2- '. v [Face of the Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA • COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION STATE-AID ROAD BOND SERIES 1992E No. $ Date of Interest Rate Maturity Date Original Issue CUSIP July 1, 1992 SEE REVERSE FOR REGISTERED OWNER: CERTAIN DEFINITIONS PRINCIPAL AMOUNT: DOLLARS FOR VALUE RECEIVED, THE CITY •OF EDEN PRAIRIE, Hennepin County, Minnesota (the "City") , acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, without option of prior payment, and to pay interest thereon from July 1, 1992, or from the most recent date to which interest has been paid or duly provided for, at the annual rate specified above . Interest hereon is payable on May 1 and November 1 in each year, commencing November 1, 1992, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on , in , as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the "Registrar") . For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the City are hereby irrevocably pledged. S -3- Additional provisions of this Bond are contained on the reverse hereof 'and such provisions shall for all purposes have the same effect as though fully set forth hereon . This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by the manual signature of one of its authorized representatives . IN WITNESS WHEREOF, the City of Eden Prairie, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Manager. (Facsimile Signature) (Facsimile Signature) City Manager Mayor Dated: CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within . as Registrar • By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $1, 940, 000 (the "Bonds") , issued to finance various state-aid street improvement project', and is issued pursuant to a resolution adopted by the City Council on June 16, 1992 (the "Resolution") , and pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 162 and 475, as amended. The Bond is payable primarily from the 1992 State-Aid Road Bond Sinking Fund (the "Bond Fund") of the City, but the City is required by law to pay maturing principal hereof and interest hereon from any available funds of the City if money on deposit in the Bond Fund is insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5, 000 or any multiple thereof, of single maturities . As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner ' s attorney duly • -4- !c". 2,.„ authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or the owner' s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations . Upon any such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange . The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due time, form and manner as so required; that prior to the issuance hereof the City Council has by the Resolution irrevocably pledged and appropriated to a separate and special sinking fund, to be maintained for the payment of this and other bonds issued under said Section 162 . 18, 411 as long as any of such bonds are outstanding, an amount of the moneys allotted and to be alloted to the City from its account in the Municipal State-Aid Street Fund of the State of Minnesota Department of Transportation sufficient to pay when due the principal of and interest on all such bonds; and in the event that in any year the moneys so allotted and transferred to the sinking fund should be insufficient to pay all such principal and interest due in the following year, the City is obligated to levy a direct, irrepealable, ad valorem tax upon all taxable property within its corporate limits for the payment of such deficiency, which levy may be made without limitation as to rate or amount; and that the issuance of the Bonds does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. . III -5- The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations : TEN COM —as tenants UTMA— by as Custodian for in common (Cust) (Minor) TEN ENT —as tenants under Uniform Transfers to Minors Act by the entireties (State) JT TEN —as joint tenants with right of survivorship and not as tenants in common Other abbreviations may also be used. [Following the opinion of Bond Counsel] We certify that the foregoing is a true copy of the opinion of Bond Counsel on the issue of Bonds of the City of Eden Prairie, Minnesota, which includes the within Bond, dated as of the date of original delivery of and payment for the Bonds . (Facsimile Signature) (Facsimile Signature) City Manager Mayor 11111 -6- • ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and 41) transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises . Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this OF ASSIGNEE: assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. SIGNATURE GUARANTEE Signature (s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges . • Section 3 . Bond Terms. Execution and Delivery. 3 . 01 . Dates, Maturities, Interest Rates, Denominations , Parent . The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation State-Aid Road Bonds, Series 19928" , in the aggregate principal amount of $1, 940, 000. The Bonds shall be dated, as originally issued, as of July 1, 1992, shall each be in the denomination of $5, 000 or any integral multiple thereof of single maturities, shall mature, without option of prior payment, on May 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from July 1, 1992 until paid at the rates per annum shown opposite such years and amounts as follows : e Amount Rate Year Amount Rate 1993 $750, 000 1998 $50, 000 1994 400, 000 1999 50, 000 1995 400, 000 2000 50, 000 1996 100, 000 2001 50, 000 1997 90, 000 • -7- I • The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal thereof, shall be payable by check or draft drawn on the Registrar. Upon . the original issuance of the Bonds to the Purchaser and upon each subsequent transfer or exchange of a Bond pursuant to Section 3 .03, the Registrar shall date each Bond it delivers as of the date of authentication . 3 . 02 . Interest Payment Dates . Interest on the Bonds shall be payable on each May 1 and November 1, commencing November 1, 1992, to the owners of record thereof as such appear on the bond register at the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3 . 03 . Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent for the Bonds (the "Registrar") . The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows : (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds . Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for' registration of any transfer of any Bond or portion thereof selected or called for redemption. (c) Exchange of Bonds . Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner' s attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Tmroper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the • -8- endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its 410 judgment, deems improper or unauthorized. (f) Persons Deemed Owners . The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner ' s order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges . For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange . (h) Mutilated. Lost . Stolen or Destroyed Bonds . In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, • stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount as may be required by law and as is satisfactory to the Registrar, in which both the City and the Registrar shall be named as obligees . All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment . (i) Authenticating Aaent . The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475 . 55, Subdivision 1, as amended. 3 . 04 . Appointment of Initial Regstrar. The City hereby appoints in as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver a contract with on behalf of the City. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation -9- la i is a bank or trust company authorized by law to conduct such business, such Corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon 30 days ' notice • and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director/Clerk shall transmit to the Registrar, money sufficient for the payment of all principal and interest then due . 3 .05 . Preparation and Delivery. The Bonds shall be prepared under the direction of the City Finance Director/Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles thereof. The seal of the City need not be affixed to or imprinted on any Bond. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative . The executed certificate of 40 authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Finance Director/Clerk to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price . Section 4 . Security Provisions . 4 .01 . 1992 State-Aid Road Bond Sinking Fund. There is hereby created a 1992 State-Aid Road Bond Sinking Fund (the "Bond Fund") , to be held and administered by the City Finance Director/Clerk separate and apart from all other funds of the City and used for ,po purpose other than the payment of the principal of and interest on the Bonds and any additional general obligation State-Aid Road Bonds hereafter issued under the authority granted by Minnesota Statutes, Section 162 . 18, and directed by the Council to be paid from the Bond Fund, or the payment from time to time to the United States of amounts required by Section 148 (f) of the Code . If at any time moneys in the Bond Fund should be insufficient to pay all principal and interest due on such bonds, the City Finance Director/Clerk shall pay the same from any moneys on hand in other funds of the City and available for such purpose, and the moneys so used shall be restored to the appropriate funds from the moneys • -10- 1i7 next received by the City from the Construction or Maintenance Account in the Municipal State-Aid Street Fund of the State of Minnesota Department of Transportation, which are not required for 40 the payment of additional principal and interest . There is hereby irrevocably appropriated to the Bond Fund, from the moneys alloted and to be alloted to the City from its account in the Municipal State-Aid Street Fund, such amount as shall be sufficient to pay the principal of and interest on the Bonds, as such principal and interest respectively become due, on the date and in the amounts set forth on Schedule A attached hereto. 4 . 02 . Full Faith and Credit Pledged. The full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged for the prompt and full payment of the principal of and interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the municipal state-aid street allotments appropriated in paragraph 4 . 01 hereof will produce amounts not less than 5% in excess of the annual principal and interest requirements of the Bonds . The City Finance Director/Clerk shall follow the procedure set forth in Minnesota Statutes, Section 162 . 18, Subdivision 4, for obtaining such funds . If the money on hand in the Bond Fund should be insufficient to pay principal and interest due on all bonds payable therefrom, such amounts may be paid from any other fund of the City and such other fund shall be reimbursed therefor when sufficient money is available in the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of municipal state-aid street allotments theretofor appropriated to the Bond Fund and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest- to become due on all bonds payable therefrom in the following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4 . 02, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution . Section 5 . Defeasance . When all of the Bonds have been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the owners of the Bonds shall cease . The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless be discharge its liability with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit . The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by -11- �\ n law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. County Audito ;agistration. Certification of • proceedings and Official Statement . 6.01 . County Auditor Registration. The City Finance Director/Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other information as the County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on the County Auditor' s bond register and the taxes required by law for the payment of the Bonds have been levied. 6.02 . Certification of Proceedings . The officers of the City and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein . 6 . 03 . Official Statement . The Official Statement relating to • the Bonds, dated June 3, 1992, prepared and distributed on behalf of the City by Springsted Incorporated is hereby approved and the determination of the City Finance Director/Clerk that the Official . Statement has been deemed final for purposes of SEC Rule 15c2-12 (b) (1) is hereby ratified and confirmed. The officers of the City are hereby authorized and directed to execute such certificates as may appropriate concerning the accuracy, completeness and sufficiency of the Official Statement and to • deliver to the Purchaser within seven business days after the date of adoption of this resolution copies of the Official Statement in accordance with the Terms of Proposal, supplemented so as to contain the terms of the Bonds as set forth in this resolution and the reoffering and other information provided by the Purchaser for inclusion in the Official Statement . Section 7 . Tax Matters . 7 .01 . Use of Improvements . The Improvements and any other improvements financed pursuant to Section 4 . 01 will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis . The City shall not enter into any lease, use or other agreement with any non- governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" -12- • within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended (the "Code") . 7 . 02 . General Covenant . The City covenants and agrees with • the owners from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become includable in gross income for federal income tax purposes under the Code and applicable Treasury Regulations (the "Regulations") , and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income for federal income tax purposes under the Code and the Regulations . 7 . 03 . Arbitrage Certification. The Mayor and the City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1 . 103-13, 1 . 103-14 and 1 . 103-15 of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will be used in a manner that would not cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and the Regulations . 7 . 04 . Arbitrage Rebate . The City acknowledges that the Bonds are subject to the rebate requirements of Section 148 (f) of the Code . The City covenants and agrees to retain such records, make ill such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148 (f) • and applicable Treasury Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for the exception from the rebate requirement. under Section 148 (f) (4) (B) of the Code and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof . In furtherance of the foregoing, the City Finance Director/Clerk is hereby authorized and directed to execute a Rebate Certificate, dated as of the date of delivery of the Bonds, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof . 7 . 05 . Information Reporting. The City shall file with the Secretary of the Treasury, not later than October 15, 1992, a statement concerning the Bonds containing the information required by Section 149 (e) of the Code . 0 -13- 1ti Attest Mayor • City Finance Director/Clerk (SEAL) • UNAPPROVED MINUTES 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 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, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:35 P.M. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • Pidcock added Item X.A.2., Boulevard Trees; and Item X.A.3, Framing of the Heritage Quilt. Jullie added Item X.B.2., Request for Appraisals on Two Parcels for Park Acquisitions. (Item X.C.2. Approaching Businesses for Donations Related to Ice Maintenance was added during the meeting.) MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY. MAY 19. 1992 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the meeting of May 19, 1992, as submitted, with the following correction: On page 9, item X.A.1., last line of the last sentence, change the word "to" to "two." Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Final Plat Approval of Windfield 2nd Addition (located west of Dell Road and south of TH 5) Resolution No. 92-114 C. Final Plat Approval of Bell Oaks Seventh Addition (located north of Riverview Road. east of 10 Homeward Hills Road) Resolution No. 92-115 D. Approve Plans and Specifications for Traffic Signals at TH 169/212 and Leona Road/Eden Road Intersection, I.C. 52-233 (Resolution No. 92-116) City Council Minutes 2 June 2, 1992 E. BLUFFS EAST 12TH ADDITION by Hustad Development Corp. 2nd Reading of Ordinance No. 11- 92, Zoning District Change from Rural to R1-13.5 on 12.47 acres, Approval of Developer's Agreeme for Hustad Development Corp; Adoption of Resolution No. 92-121 Authorizing Summary R. Ordinance No. 11-92 and Ordering Publication of Said Summary. Location: East of Antlers Ridge and Meade Lane, west of Frank) Road. (Ordinance No. 11-92, Zoning District Change; and Resolution No. 92-121 - Authorizing Summary and Publication) F. Approve Right-of-Way Procurement for Dell Road Improvements. I.C. 52-160 (Resolution No. 92-120) G. 1st Reading of Ordinance No. 17-92. amending Chanter 2. "Administration and General Government" H. 1st Reading of Ordinance No. 18-92. amending Chapter 7. "Traffic Regulations" I. 1st Reading of Ordinance No. 19-92. amending Chapter 10. "Construction Permits and Regulations" J. 1st Reading of Ordinance No. 20-92. amending Chapter 5. "Other Business Regulations and Licensing" K. Award Contract for Demolition of House at 10943 Spoon Ridge Jullie reported that the low bidder for item K. had contacted the City today stating he would not be abAk to perform the work. Therefore, Staff recommended the bid be awarded to the second lowest biddelj Bollig and Sons. MOTION: Jessen moved, seconded by Pidcock, to approve items A - K on the Consent Calendar. Motion carried unanimously. 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 The property owners involved had not completed their negotiations for the sale of their lands. Staff recommended the hearing be continued to June 16, 1992. MOTION: Pidcock moved, seconded by Harris, to continue this hearing to the June 16, 1992, meeting. Motion carried unanimously. B. Order Improvements for Leona Road, Approve Plans and Specifications. and Authorize Advertisement for Bids. I.C. 52-217 (Resolution No. 92-117) Staff reviewed the proposed improvements for roadway and utilities in the Leona Road right-of-way. There were no further comments from members of the audience. • City Council Minutes 3 June 2, 1992 MOTION: Harris moved, seconded by Jessen, to: 1) Close the Public Hearing; and 2) Adopt Resolution No. 92-117 to Order the Improvements. Motion carried unanimously. C. EDEN CREEK by J.M.S. Development Corporation. Request for 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 outlot and road right-of-way, with variance to be reviewed by the Board of Appeals. 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) Jeff Schoenwetter, JMS, consultant for the developer, reviewed the development proposal, noting that it was similar to the original proposal of 1988 and that it would supersede the second proposal for Eden Creek by Zachman Development from 1991. Enger reported that the Planning Commission recommended approval of the project on May 11th; Lambert reported that the Parks, Recreation & Natural Resources Commission also recommended approval on May 18th. There were no further comments from members of the audience. MOTION: Pidcock moved, seconded by Jessen, to: • 1) Close the Public Hearing; 2) Approve 1st Reading of Ordinance No. 21-92 for Rezoning; 3) Adopt Resolution No. 92-110 approving the Preliminary Plat; 4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and, 5) Grant the proponent permission to proceed with construction on the property prior to 2nd reading, at its own risk. Motion carried unanimously. E. EDEN LAKE TOWNHOMES by Eden Lake Townhomes Partnership. Request for 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 Preliminary Plat of 13 acres into 41 lots and one outlot for construction of 40 townhouse units to be known at Eden Lake 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) Jack Brandt reviewed the project development plans. Enger reported that the Planning Commission had recommended approval of the proposal on May 11th. The Parks, Recreation & Natural Resources Commission recommended approval on May 18th. City Council Minutes 4 June 2, 1992 • Pidcock asked about arrangements for public transportation as the development was located so close to Major Center Area. Brandt replied that nothing special had been considered. Tenpas stated that hmik agreed with Pidcock's concerns and believed that public transportation was important for this area. Upon further discussion, Council directed Staff to review public transportation in the Major Center Area with the Southwest Metro Transit Staff and to report back to the Council. The Council discussed the need for extension of Medcom Boulevard to the east. Dietz stated that the extension was one of the projects recommended for construction as part of the Tax Increment Financing projects discussed recently. Staff was directed to prepare a study regarding alternative and costs of the easterly extension of Medcom Boulevard. Pidcock asked about parking accommodations for units which would be occupied by more than one individual, or more than one family. Brandt responded that two garage units were available to each of the residential units, in addition to the parking areas on the property. Tom Walters, 12490 Porcupine Court, spoke in favor of the development and asked the Council to consider relocation of the bike trail. Lambert stated he had agreed to meet the neighbors on the property to discuss the trail location in greater detail. Councilmembers concurred that the trail link to the Major Center Area was an important one. John O'Neill, 3501 14th Ave. So., owner of property to the south, expressed concern regarding access for his property and asked the Council to consider providing access from Medcom Boulevard. Gray explained that the it was likely that properties to the south along T. H. 169 would have the best opportunity for access at a signalized intersection at Fountain Place Drive. Council directed Staff to review access for the area in greater detail. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; 2) Adopt Resolution No. 92-112 for Comprehensive Guide Plan Change; 3) Approve 1st Reading of Ordinance No. 22-92 for Rezoning; 4) Adopt Resolution No. 92-111 for Preliminary Plat Approval; and 5) Direct .Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS Pidcock asked about the status of hiring a purchasing agent for the City. Jullie explained that this function had been assigned within the existing Finance Department Staff and that a purchase requisition process was being developed. He explained how the process currently worked. • 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." �✓� City Council Minutes 5 June 2, 1992 VI. ORDINANCES AND RESOLUTIONS A. Resolution No. 92-125. Opposing Expansion of Flying Cloud Airport As directed at the May 19, 1992 Council meeting, Staff had prepared a resolution stating the City's opposition to the proposed Master Plan Update at Flying Cloud Airport, as requested by Mr. Steve Yerkes on behalf of the Zero Expansion At Flying Cloud group. Tim Anderson, representing the Metropolitan Airports Commission (MAC), said his understanding was that MAC would have an opportunity to discuss these items with the Council before any action was taken regarding the expansion of Flying Cloud Airport. Anderson expressed concern that trust between MAC and the City not be broken in this regard. Tenpas responded that it had been six months since additional information had been requested by the City, and that the position stated in the resolution was based on information available as of this date. He added that when new information became available, the Council may amend its action. Tenpas emphasized that there was no intention to break a trust, and that it was understood that more information forthcoming. MOTION: Jessen moved, seconded by Anderson, to adopt Resolution No. 92-125, Opposing Expansion of Flying Cloud Airport. Motion carried unanimously. B. STARKEY LABS ADDITION by Starkey Laboratories, Inc. 2nd 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 I-2 and I-5 Zoning Districts with Waivers; Resolution No. 92- 122 - Authorizing Summary and Publication; and Resolution No. 92-123 - Site Plan Review) There were no comments from members of the audience regarding this item. MOTION: Jessen moved, seconded by Harris, to: 1) Approve 2nd Reading of Ordinance No. 10-92-PUD-3-92 for PUD District Review; 2) Adopt Resolution No. 92-122 Authorizing the Summary of the Ordinance for Publication; 3) Adopt Resolution No. 92-123 for Site Plan Review; and 4) Authorize the Mayor and City Manager to execute the Developer's Agreement. Motion carried unanimously. S C. Final Plat Approval of Starkey Labs (located north of Hamilton Road and west of Washington Avenue) Resolution No. 92-113 MOTION: Jessen moved, seconded by Harris, to adopt Resolution No. 92-113 for Final Plat Approval of Starkey Labs Addition. Motion carried unanimously. City Council Minutes 6 June 2, 1992 D. Ordinance No. 23-92. Rental Housing Code Staff reported that community information meetings had been held with owners/managers and tent) of rental housing units in the City and the proposed ordinance had received general acceptance by both groups. The Human Rights & Services Commission had also recommended approval. Harris commended the Commission and Staff for their work on this ordinance. Pidcock concurred. MOTION: Jessen moved, seconded by Anderson, to approve the 1st Reading of Ordinance No. 23-92 regarding Rental Housing. Motion carried unanimously. VII. PETITIONS. REQUESTS AND COMMUNICATIONS A. Request from Strathy's regarding Conservancy Easement Mr. & Mrs. Strathy had contacted Staff and requested a continuance of this item to the June 16th meeting. MOTION: Pidcock moved, seconded by Harris, to continue this item to the June 16th meeting. Motion carried unanimously. VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES A. Report from the Employee Communication & Recognition Committee The Communications and Recognition Committee presented a community recognition awards program for Council consideration. Sandy Wertz, co-chair of the Committee, presented the detailed, five-tier plan and guidelines for the program. Pidcock commended the committee for its work, stating that it addressed previous concerns of consistency in recognizing the many contributions made by the community during the year. She believed it was a good program, which would serve the City well. MOTION: Pidcock moved, seconded by Harris, to adopt the Community Recognition Awards Program as recommended by the Communications and Recognition Committee. Motion carried unanimously. IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. City Manager's Mid-Year Review The Council agreed to discuss the Manager's Mid-Year review in closed session after the meeting. City Council Minutes 7 June 2, 1992 2. Boulevard Trees • Pidcock asked for an updated report on the number of boulevard trees planted in the City this year and about the plans for planting additional trees in Eden Prairie. Dietz stated that he would work with Stu Fox, the City Forester, and report back to the Council in five weeks. 3. Framing of the Heritage Quilt Pidcock asked what progress there had been toward framing of the Heritage Quilt hanging in the Council Chambers. Lambert responded that the Staff member responsible had prepared preliminary research on framing materials. However, it was determined that it would be best to postpone purchase of materials until it was known exactly where in a new City Hall the quilt would be located. B. Report of City Manager 1. Council/Staff Workshop Scheduled for .Tune 91 1992 Staff reported that arrangements for a workshop meeting on June 9th. Harris stated she would not be available. Councilmembers concurred that the topics to be discussed, budget and finance issues, would be best handled with everyone present. Staff was directed to reschedule the workshop for another date. 2. Appraisals for Park Acquisition Jullie explained that Council approval was necessary to obtain the necessary appraisals for two parcels needed to for park purposes, one for Cedar Forest Park, the other for Miller Park. MOTION: Jessen moved, seconded by Harris, to authorize Staff to obtain the necessary appraisals for the two parcels for park purposes for Cedar Forest Park and Miller Park. Motion carried unanimously. C. Report of Director of Parks. Recreation & Natural Resource 1. Smetana Lake Outlet Improvement Engineering Report John Dixon, Barr Engineering, explained the proposed improvement within the Nine-Mile Creek Watershed District for the Smetana Lake Outlet. Constructuon was scheduled to begin in 1994, with the City's share of the project estimated at $314,000. The Parks, Recreation & Natural Resources Commission recommended approval of the item at its May 4th meeting. The Planning Commission recommended approval after review at its May 11th and May 26th meetings. The Council discussed the financing of the project with Mr. Dixon and City Staff, noting that portions of the project may be funded by other governmental resources. Ed and Marcella Smetana, 7730 Smetana Lane, both spoke against the proposed improvement. Frank Smetana. Jr. 7722 Smetana Lane, spoke in favor of a modified improvement. Pat Kosteka, 10805 Valley View Road, spoke in favor of the proposal for park development in the area. City Council Minutes 8 June 2, 1992 MOTION: Anderson moved, seconded by Harris, to approve the Engineer's report for the Smetana Lake modification subject to the conditions proposed by the Commissions and Staff. Motion carrie unanimously. 2. Approaching Businesses for Donations Related to Ice Maintenance Equipment Lambert asked for the opinions of Councilmembers regarding approaching local businesses for donations toward maintenance of the ice rink at the Community Center. It was the general consensus of the Council that Staff could proceed with this approach. D. Report of Director of Planning E. Report of Director of Public Works 1. Award Contract for Dell Road Improvements. I.C. 52-160 (Resolution No. 92-118) Bids were opened for this project late during the week of May 25th. Staff recommended the bids be held for until the June 16th meeting. MOTION: Pidcock moved, seconded by Harris, to continue this item to the June 16th meeting. Motion carried unanimously. 2. TIF Project List Report Council had requested a cash-flow analysis of the new projects in the TIF district at this Council/ meeting. Staff requested a continuance to the June 16th meeting. MOTION: Pidcock moved, seconded by Jessen, to continue this item to the June 16th meeting. Motion carried unanimously. 3. I-494 DEIS. I.C. 52-100 (Resolution No. 92-119) Staff had reviewed the Draft Environmental Impact Statement (DEIS) for the improvements of I-494 from I-394 to the Minnesota River. Of significance, the proposed access between County Road.18 and Flying Cloud Drive appeared to result in dramatic improvements for access to the Major Center Area. Staff recommended the "two-lane" alternatives for Council consideration, with the inside lane as an HOV lane. MOTION: Pidcock moved, seconded by Jessen, to adopt Resolution No. 92-119 formalizing the City's comments to the I-494 Draft Environmental Impact Statement. Motion carried unanimously. 4. Award Contract for Traffic Signals for Singletree & Prairie Center Drive. I.C. 52-245 (Resolution No. 92-124) Bids were opened late in the week of May 25th for traffic signals to be installed at Singletree Lane and Prairie Center Drive. Staff presented the tabulation of bids and recommended the bid lip awarded to Collins Electrical Systems, Inc. MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 92-124 to Award I.C. 52- 245. Motion carried unanimously. City Council Minutes 9 June 2, 1992 F. Report of City Attorney • G. Report of Finance Director XI. OTHER BUSINESS XII. ADJOURNMENT MOTION TO ADJOURN was made by Pidcock, seconded by Anderson. The Council adjourned to a Closed Session at 9:35 p.m. to discuss the City Manager's mid-year review. • 4111 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 16, 1992 CONTRACTOR (MULTI-FAMILY & COMM. ) GAS FITTER AWR, Inc. Climate Engineering Company Buffets, Inc. St. Marie Sheet Metal , Inc. F. F. Jedlicki , Inc. Loeffel-Engstrand Company Vessco Incorporated HEATING & VENTILATING Climate Engineering Company PLUMBING St. Marie Sheet Metal , Inc. 1110 Jim Easter Plumbing McGuire Mechanical Services Nybo-Peterson Plumbing Co. Roseville Plumbing & Heating These licenses have been approved by the department heads responsible for the licensed activity. -0c.4 Pat Solie Licensing S • nr • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-131 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 17-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 17-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 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. 17-92, 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 4110regular 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. 17-92 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 16, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • Amending Chapter 2 City C4 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 2 REGARDING THE BUILDING CODE BOARD OF APPEALS,RELATING TO CITY DEPARTMENTS, RELATING TO PARTIAL PREPAYMENT OF SPECIAL ASSESSMENTS, AND ADOPTING BY REFRERENCE 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: Summary: This ordinance amends Chapter 2 of the City Code regarding Building Code Board of Appeals, relating to City Departments, and relating to partial prepayment of special assessments. Effective Date: This Ordinance shall take effect the day after publication. • ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor • PUBLISHED in the Eden Prairie News on the day of , 1992. (A full copy of the text of this Ordinance is available from City Clerk.) • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-132 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 18-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 18-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 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. 18-92, 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 filegular 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. 18-92 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 16, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Amending Chapter 7 City Co. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 7 REGARDING TRAFFIC REGULATIONS BY ADDING A SECTION RELATED TO OPERATION OF SNOWMOBILES WHILE UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE, AND ADOPTING BY REFRERENCE 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: Summary: This ordinance amends Chapter 7 of the City Code by adding a section relating to operation of snowmobiles while under the influence of alcohol or a controlled substance. Effective Date: This Ordinance shall take effect the day after publication. ATTEST: • /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1992. (A full copy of the text of this Ordinance is available from City Clerk.) • • • IAA • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-133 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 19-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 19-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 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. 19-92, 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. 19-92 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 16, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • Amending Chapter 10 City Code CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 10 REGARDING CONSTRUCTION PERMITS AND REGULATIONS AND ADOPTING BY REFRERENCE 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: Summary: This ordinance amends Chapter 10 of the City Code regarding construction permits and regulations. Effective Date: This Ordinance shall take effect the day after publication. • •TTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1992. (A full copy of the text of this Ordinance is available from City Clerk.) • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, NIINNESOTA RESOLUTION NO. 92-134 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 20-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 20-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 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. 20-92, 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. gh C. That a printed copy of the Ordinance shall be made available for inspection by any person during egular 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. 20-92 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 16, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Franc, City Clerk 0 I Amending Chapter 5 City All CITY OF EDEN PRAIRIE HENNEPIN COUNTY, NIINNESOTA ORDINANCE NO. 20-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 5 BY ADDING "OTHER BUSINESS REGULATIONS AND LICENSING RELATING TO EXCEPTION; REPEALING A SECTION RELATING TO BUILDING CONTRACTORS; AMENDING A SECTION RELATING TO FOOD ESTABLISHMENTS AND FOOD HANDLING; AMENDING A SECTION RELATING TO GASFITTERS; REPEALING A SECTION RELATING TO FEES IMPOSED UPON OPERATORS OF FACILITIES FOR MIXED MUNICIPAL SOLID WASTE, AND ADOPTING BY REFRERENCE 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: Summary: This ordinance amends Chapter 5 of the City Code by adding a section regarding "Other Business Regulations and Licensing Relating to Exception;" repealing a section relating to building contractors, amending a section relating to food establishments and food handling, amending a section relatin to gasfitters, and repealing a section relating to fees imposed upon operators of facilities for mixed munici solid waste. Effective Date: This Ordinance shall take effect the day after publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas • City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1992. (A full copy of the text of this Ordinance is available from City Clerk.) • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-135 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 23-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 23-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 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. 23-92, 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 II 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. 23-92 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 23 days after publication. ADOPTED by the City Council on June 16, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • 411) !3 t • Amending Chapter 9 City Co4110 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 9 REGARDING A RENTAL HOUSING CODE AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 9 of the City Code by adding a section relating to rental housing. Effective Date: This Ordinance shall take effect the day after publication. ATTEST: • is/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor • PUBLISHED in the Eden Prairie News on the • day of , 1992. (A full copy of the text of this Ordinance is available from City Clerk.) • • • • lc`� Eden Prairie Ford Parking Expansion • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-92 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 C-Reg-Ser 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 C-Reg-Ser 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 *mended 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 Supplement to Developer's Agreement dated as of June 16, 1992, entered into between Denwal Management, a Corporation and the City of Eden Prairie, which Agreement is 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 19th 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 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 I l; _, EDEN PRAIRIE FORD EXPANSION Exhibit A LEGAL DESCRIPTION That Part of Outlot A Menard Addition described as follows: Beginning at the southwest corner of said Outlot A thence North 79 degrees 05 minutes 49 seconds East assumed bearing along the southerly line of said Outlot A a distance of 270.00 feet; thence North 10 degrees 54 minutes 11 seconds West a distance of 271.74 feet; thence South 79 degrees 05 minutes 49 seconds West a distance of 210.90 feet to the west line of said Outlot A; thence South 1 degree 22 minutes 04 seconds West a distance of 278.09 feet to the point of beginning. • • • 1,.244-/ EDEN PRAIRIE FORD PARKING EXPANSION • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-129 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 15-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY. WHEREAS, Ordinance No. 15-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of June, 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. 15-92, 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 e City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 15-92 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 16, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk S Eden Prairie Ford Parking Expansion • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-128 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE FORD PARKING EXPANSION FOR DENWAL MANAGEMENT WHEREAS, Denwal Management has applied for site plan approval of Eden Prairie Ford Parking Expansion on 1.5 acres for construction of a parking expansion on property located at Plaza Drive between Crown Auto and Prairie View Shopping Center, to be zoned C-Reg-Ser by Ordinance No. 92-128 adopted by the City Council on June 16, 1992; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 27, 1992 Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its May 19, 1992, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE C OF EDEN PRAIRIE, that site plan approval be granted to Denwal Management for Eden Prairie Ford Parkin Expansion for construction of a parking lot, based on plans dated March 27, 1992, subject to the terms and conditions of that certain Supplement to Developer's Agreement between Denwal Management, a Corporation, and the City of Eden Prairie, dated June 16, 1992, for Eden Prairie Ford Parking Expansion. ADOPTED by the City Council on June 16, 1992. • Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • t,ljit! EDEN PRAIRIE FORD PARKING EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-92 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, NIINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located North of Plaza Drive, East of Prairie View Center, from the Rural District to the C-Reg-Ser 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.) • Eden Prairie Ford 1992 Amendment • SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO AGREEMENT, made and entered into as of June 16, 1992, by DENWAL MANAGEMENT INC., a Minnesota corporation and DENWAL REALTY, a Minnesota corporation,jointly, hereinafter referred to as "Developer" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the parties entered into a Developer's Agreement dated October 1, 1991, between Denwal Management and Denwal Realty and the City of Eden Prairie for Eden Prairie Ford, (hereinafter the "Developer's Agreement") for construction of an automobile dealership on 8.2 acres of land situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part here of with said 8.2 acres referred to as the "property". WHEREAS, the parties desire to amend the Developer's Agreement for Eden Prairie Ford, dated October 1, 1991, for that portion of the property designated on Exhibit B and more fully described in Exhibit C attached hereto and made a part hereof, with said 1.5 acres hereinafter referred to as "the Amended Area." NOW, THEREFORE, in consideration of the City adopting Ordinance # 11-92, • Developer covenants and agrees to construction upon, development, and maintenance of the Amended Area as follows: • 1. Developer shall develop the Amended Area of the property in conformance with the materials revised and dated May 31, 1991, reviewed and approved by the City • Council on June 5, 1990, and in conformance with the materials revised and dated May 19, 1992, reviewed and approved by the City Council on May 19, 1992, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Filing of Final Order #92-009: Developer agrees to file final order #92-009 of the Board of Adjustments and Appeals on the Property at Hennepin County within 30 days of the date first written above. Prior to occupancy permit on the Property, Developer agrees to provide proof of filing to the City. 3. Prior to the issuance of a Certificate of Occupancy, Developer agrees to enter into an assessment agreement with the City for the repair of onsite public utilities necessitated by settlement of foundation soils which occur prior to November 1, 1997. Any repairs of public utilities including sanitary sewer, watermain and storm sewer resulting from soil settlement will be performed by the City. The cost of repairs, including administrative costs, will be assessed to the property. • Ask VIP 4. The "On-Site Outdoor Display and Storage Area" as depicted in Exhibit E shall be landscaped and screened in accordance with Item 11 "Landscaping and Screening Plans" of the Developer's Agreement. 5. The "On-Site Outdoor Display and Storage Area" as depicted in Exhibit E shall be required to meet the requirements of Item 12 "On-Site Outdoor Display and Storage Area" of the Developer's Agreement. 6. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of "Developer" under the Developer's Agreement, except as inconsistent with or amended by this Supplement. Furthermore, all terms and conditions of the Developer's Agreement apply to "the Amended Area" as depicted Exhibit B and D in their entirety except the following: a. Item 6, Retaining Wall b. Item 10, Exterior Materials c. Item 16, Final Order #90-16 • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be execute as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE DENWAL MANAGEMENT, INC. Douglas B. Tenpas, Mayor DENWAL REALTY, INC. Carl J. Jullie, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19_, by Douglas B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public • STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19_, by , the of Denwal Management, Inc.,a Minnesota Corporation, on behalf of the corporation. Notary Public STATE OF M NNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19_, by , the of Denwal Realty, Inc., a Minnesota Corporation, on behalf of the corporation. Notary Public • L770 EXHIBIT A ZONING DISTRICT CHANGE & SITE PLAN REVIEW Eden Prairie Ford 4111 Outlot A, MENARD ADDITION, according to the recorded plat thereof. That part of Lot 1, Block 1 , MENARD ADDITION according to the recorded plat thereof lying southwesterly of the following described line: Commencing at the most southerly corner of said Lot 1 ; thence -North 45 degrees 00 minutes 00 seconds West along the southwesterly line of said Lot a distance of 274.20 feet to an angle point in said line, thence South 45 degrees 00 minutes 00 seconds West along the westerly line of said Lot a distance of 10.00 feet to the beginning of the line to be described; thence North 45 degrees 00 minutes 00 seconds West, parallel with the southwesterly line of said Lot, a distance of 500.00 feet and said line there terminating. That part of Lot 1 , Block 1, MENARD 2ND ADDITION according to the recorded plat thereof, lying westerly of a line drawn from the most southerly corner of said Lot 1 to a point on the northwesterly line of said Lot I. distant 17.93 feet northeasterly from the most westerly corner thereof. EXCEPT Those parts of Outlot A and Lot 1 , Block 1 , MENARD ADDITION, according IDto the recorded plat thereof, described as follows: Commencing at the most easterly corner of said Outlot A; thence North 45 degrees 00 minutes 00 seconds West along the northeasterly line of said Outlot a distance of 274.20 feet to an angle point in the northeasterly line of said Outlot; thence South 45 degrees 00 minutes 00 seconds West along the northeasterly line of said Outlot a distance of 10.00 feet to the point of beginning of the land to be described; thence North 45 degrees 00 minutes 00 ' seconds West parallel with the northeasterly line of said Outlot a distance of 30.09 feet; thence South 45 degrees 00 minutes 00 seconds West a distance of 89.54 feet to the northwesterly line of Lot 1 , Block 1 , MENARD 2ND ADDITION according to the recorded plat thereof; thence northeasterly along said northwesterly line to the point of beginning. ALSO EXCEPT That part of said Outlot- A described as follows: Beginning at the southwest corner of said Outlot A thence North 79 degrees 05 minutes 49 seconds East assumed bearing along the southerly line of said Outlot A a distance of 270.00 feet ; thence 411/ North 10 degrees 54 minutes 11 seconds West a distance of 271.74 feet; thence . South 79 degrees 05 minutes 49 seconds West a distance of 210.90 feet to the west line of said Outlot A; thence South 1 degree 22 minutes 04 seconds West a distance of 278.09 feet to the point of beginning. EXHIBIT C • Lot 3;• Block 1, Menards 7th Addition i • I i . . 1p,I, " ir ---'lt -E• :, ' "1.•!_i.. , --....-f . : ' Hi . pi- 0 ii .,,,...;• 1-19-'—'%is-, ,./.., / _ •,,," • t. „/Nw / / )\ .. ,/, / // ,-. .. / ,{., • /'Ot /% '„./0 *•- ------..\ .-. s 1 / ,, , \ V ' '' / ^ / i •',.. ).;,„\. •,„' i 1 .,1_,/ \/ ../ \ ,:,I / \,e, I I I 0 _ s '7 . .le * / I— \ g( . 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'':%,"- im IV --,.1:-, ^41-4itkilit. \:, '',1 \•• f")i---3.- I-, . \ 4 - • -1 _,-.. - 1.-. _, .. 74' .f.,...;`NH .,' ' - 'it-zn , viA si-., --,,- _ - -....,. • 1 , ;..-J.,i; \ ‘.- , ) • ', A'fr.63.-•:,-.14.,• `,ili^sA1 vatifi;c$:AISO --.) i )",, — ', -,i -.1*'- - - ' ,---...;,. ; .1 1.AM' .....•t '1 T.k 10.41E14 fit -. • '' ----"P', . 1 e _ _ \ 1444: ime IVA l'Oti. 1'4 ita __ ___- ___, . ___----- , . , twiii 4:.1 _ 1% • '''' .., 4..„., ..r..„.. Ti \7'; -- -- -..-- ..„,fillip‘• - - ‘1 s;ot,r• go. ,, ,.,yk-4 :_,_.--A-1-4813- ,1 ,, :, _ — ) ,.., ,p,,, r4t.p. " AVArti.1".•:`-'• ..--4.1 - % --',:__- '---- 0 ,,.5 1, ri i..,-.I,. f-,i•;:v'-Ii l-i116 —) 0---- _ ____.,_,. --- -1 _ _ - --- : - . - -' \• \ - -----1---- - ...-- EgcciI3,I2 D Dfbi PRAIRIE FORD .1, vg.'Vn , ‘1... Fa... 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(VT, i it , \ {11 L • /` ' V , 0 174, 5 .s ,,,, . i , `r,, am r> .� 5 s • j,i / A ,. c" "-:'' ' s __-------\ s\ i ;. i u I \ _ _ _ ——— — 1 � r 9\ `� � .x� \� _> i I t I` 111 1- r `�'1:r Y. %IYI t"1(r' � (i •.ova.>i • b 4\ I, I \ \ 1 V� ,� 1. 11-1 1 1. :, ': .. _ - — ' ; O' .„.•e T. k,)... .z.". 1/4 On—Site Outdoor Displa and Storage Area • EXHIBIT E is EDEN PRAIRIE FORD ,'ill I • CITY OF EDEN PRAIRIE EDEN CREEK • 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 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 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 •Exhibit A Tracts A, B, and C, RLS #116; Outlot A, HIDDEN RIDGE; and Tract A, RLS #581, all in Hennepin County, Minnesota. • • Eden Creek • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-130 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 21-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 21-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of June, 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. 21-92, 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. 21-92 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 16, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk I'! • EDEN CREEK • CITY OF EDEN PRAIRIE • HENNEPI . COUNTY, 1VIINNESOTA 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 REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 6615 - 6625 Eden Prairie 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.) DEVELOPER'S AGREEMENT II Eden Creek Addition THIS AGREEMENT, made and entered into as of by JMS Development Corporation, a Minnesota corporation, hereinafter referred to as "Deve per," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNFSSETH: • WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 on 6.6 acres, and Preliminary Plat of 6.6 acres into 11 single family lots, one outlot, and road right-of-way, all 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. 21-92 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, revised and dated May 28, 1992, reviewed and approved by the City Council on June 2, 1992, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 4111 Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof_ 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property, which will include provisions for tree replacement among other conditions. City and Developer acknowledge that the total number of caliper inches of significant trees on the property is 798 caliper inches. Total tree loss on the property is 254 caliper inches of tr. of which 108 caliper inches are required to be replaced during development. 5. Concurrent with, and as part of the final plat for the property, Developer agrees to dedicate to the City Outlot A, as depicted in Exhibit B, attached hereto. 6. Prior to any issuance of any permit for grading or building on the property, Developers agree to submit to the Chief Building Official and obtain the Chief Building Official's approval of plans for any demolition and/or removal of existing structures, wells, and septic systems on the property. • Prior to demolition or removal, Developers shall provide to the City a certified check in the amount of $1,000.00 to guarantee the restoration of the property to grade. City agrees to return said certified check to Developers after the demolition or removal on the property is completed and after it is verified by City that the structures, and/or septic systems have been properly removed or demolished, and that the property has been restored to grade. 7. Concurrent with utility and street construction on the property, Developer agrees to provide for connection to public sanitary sewer and watermain within Nancy Drive to the existing houses on Lots 5 and 10, Block 1, as depicted in Exhibit B, attached hereto. Developer further agrees that, at such time as the existing private utilities fail for either o existing houses located on Lots 5 and 10, said existing house and lot owner shall hook u public utilities as provided above. Further, the owner of said house on said Lot 5, or said Lot 10, at that time shall provide for proper sealing and/or removal of wells and septic tanks in accordance with City Code requirements in effect at the time of hook up to public utilities. 8. Developer acknowledges that no direct access to County Road #4 will be permitted for this development. Therefore, Developer agrees that concurrent with street and utility construction, Developer agrees to relocate the driveway for Lot 5, Block 1, from directly accessing County Road #4 to Nancy Drive, as depicted in Exhibit B, attached hereto. • fl�:r , • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed its of the day and year aforesaid. J.M.S. DEVELOPMENT CORPORATION CITY OF EDEN PRAIRIE #7,1,//..°Z f Schoenwetter, President Douglas B. Tenpas, Mayor Carl J. Jullie, City Manager STATE OF MIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1992,by Douglas B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. • Notary Public STATE OF MINNESOTA ) )ss. • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this )! day of SciiLe_ , 1992, by Sew Sci eoa,,.c.ti,24 , the of :. N► • S . peve. !a Corp. , a Minnesota Corporzi-i , on behalf of the corporation. -- •..... C,.f DV a . ;/7/7 SCOTf A. KIPP No Public ��• NOTARY PUBLIC-MINNESOTA t'�3. HENNEPIN COUNTY My commission expires 02 02 95 ' • 1 .( 1 • Exhibit A • Zoning District Change and Preliminary Plat Tracts A, B, and C, RLS #116; Outlot A, HIDDEN RIDGE; and Tract A, RLS #581, all in Hennepin County, Minnesota. • • f ; : . 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. IP 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: RICHARD AND MARY OLSON, HUSBAND AND WIFE • AMERICANA BANK 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 us employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Prope 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 Hazardous Substances; D. That all dedications shall be free and clear of any liens, mortgages, or other encumbrances; 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' str lighting on the public streets adjacent to the property (including installation costs, if any, as determin 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 the 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 deem:: to be void and of no force or effect to the extent necessary to bring such term within the 7rowision any such applicable law or laws, and such terms as so modified and the balance of the terms 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 sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota, 55411. • • • Eden Creek Addition OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN J.M.S. DEVELOPMENT CORPORATION . AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of .Gft, //, 7 2. , by and between Richard K. and Mary L. Olson, husband and wife, hereinafter referred to as76Owners", and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. 21-92, changing the zoning of the Property owned by Owner from the Rural District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of /c4, N. /9S2 , by and between J.M.S. Development Corporation, a Minnesota Corporation, and City, Ow r agrees with City as follows: 1. If J.M.S. Development Corporation, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assig410 of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. • 1t-P EL -- cuc i� • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE Richard K. O n Douglas B. Tenpas, Mayor SP2 -- Mary L. Qi Carl I. Jullie, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19_, by Douglas B. Tenpas and Carl J. Julie, respectively the Mayor and the City Manager of the City of Eden Prairie, a •innesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA NESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this t► ''day of ' + - , 19'14-by Richard K. and Mary L. Olson, husband and wife. rflj .:.d,111 f,tic{ 1,"L,Gf4- Notary Public./ rv' ROSEMARY NORTH NOTARY PUBLIC- MINNESOTA HENNEPIN COUNTY • qi My commission expires 7-16-97 • iR (1 • Ask MEMORANDUM To: Mayor and Councilmembers Thru: Carl Jullie, City Manager From: John Frane, Finance Director Date: 6/10/92 Subject: 1991 Final General Fund Budget Attached is the final status report on general fund revenues and expenditures for the year ending December 31, 1991. The 1991 budget as adopted in 1990 was $15,132,000, which included $856,800 in reservations of fund balance. Actual revenues were $14,299,929 or 2% over the amended budget and actual expenditures were $13,921,625 or • 2.5% under the amended budget.The position of the General Fund increased$298,212 above the amount projected in the 1991 Budget. The accompanying resolution reallocates the original budget according to the adjustments reported monthly throughout the 1991 budget year and in the preliminary year—end budget status report distributed in April 1992. Passage of the resolution makes it possible for the amended budget to be published in the City's audited Comprehensive Annual Financial Report for the year ending December 31, 1991. This • audit report will be distributed to Council by its first meeting in July. Unreserved fund balance in the General Fund on December 31 was $3,405,450 or $298,212 higher than originally projected for year—end 1991. The 1992 budget requires a $1,137,600 use of fund balance, resulting in a projected unreserved fund balance for year—end 1992 of $2,267,850. •• t• • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 92-141 RESOLUTION AMENDING THE 1991 BUDGET BE IT RESOLVED, by the City Council of the City of Eden Prairie, that the final 1991 General Fund Budget be amended according to the attached summaries of revenues and expenditures. ADOPTED on this 16th day of June, 1992. Douglas Tenpas, Mayor • ATTEST: John Frane, City Clerk • 1991 FINAL GENERAL FUND REVENUES VARIANCE Favorable 1991 1991 (Unfavorable) ADOPTED ADJUST- AMENDED 12/31/91 Revised to Actual BUDGET MENTS BUDGET ACTUAL Amoiat 0ERAL PROPERTY TAXES CURRENT 10,486,400 DELINQUENCY ALLOWANCE 300,000 NET CURRENT 10,186,400 (156,400) 10,030,000 10,030,343 343 0.0% DELINQUENT COLLECTIONS 100,000 (70,000) 30,000 31,285 1,285 4.3% PENALTY& INTEREST 100,000 100,000 149,605 49,605 49.6% TOTAL TAXES 10,386,400 (226,400) 10,160,000 10,211,233 51,233 0.5% REVENUE FROM OTHER GOVT AGENCY LOCAL GOVT AID POLICE PENSION 160,000 37,000 197,000 196,487 (513) -0.3% RECYCLING GRANTS 25,000 25,000 20,676 (4,324) -17.3% HOMESTEAD CREDIT 0 1,857 1,857 ERR POLICE TRAINING AID 17,000 17,000 16,297 (703) -4.1% CIVIL DEFENSE 6,000 6,000 9,866 3,866 64.4% TOTAL OTHER AGENCIES 208,000 37,000 245,000 24.5,183 183 0.1% LICENSES LIQUOR&BEER 100,000 5,000 105,000 124,202 19,202 18.3% BUILDING CONTRACTORS 8,300 (800) 7,500 7,090 (410) -5.5% OTHER-CIGAIRETTE&FOOD 23,000 23,000 20,073 (2,927) -12.7% TOTAL LICENSES • 131,300 4,200 135,500 151,365 15,865 11.7% PERMITS&FEES DOG REGISTRATION 8,600 8,600 9,208 608 7.1% IlleDING 1,050,000 (145,000) 905,000 902,591 (2,409) -0.3% -NNING&ZONING 50,000 (15,000) 35,000 36,884 1,884 5.4% ENGINEERING&ADMIN 300,000 (40,000) 260,000 260,614 614 0.2% STREET LIGHTING 30,000 30,000 44,155 14,155 47.2% LAWFUL GAMBLING 10,000 18,000 28,000 28,965 965 3.4% IMPOUND FEES 4,400 4,400 4,332 (68) -1.5% CABLE TV 110,000 110,000 113,991 3,991 3.6% . IDR CHARGES 80,000 (10,000) 70,000 70,179 179 0.3% OTHER 15,000 15,000 18,693 3,693 24.6% TOTAL PERMITS&FEES 1,658,000 (192,000) 1,466,000 1,489,612 23,612 1.6% RECREATION FEES YOUTH PROGRAMS 91,300 10,000 101,300 113,649 12,349 12.2% ORGANIZED ATHLETICS 177,700 (25,700) 152,000 150,094 (1,906) -1.3% COMMUNITY CENTER 470,000 (60,000) 410,000 407,3.51 (2,649) -0.6% HISTORICAL 5,100 14,000 19,100 19,527 427 2.2% PARK USE FEES 6,300 6,300 8,527 2,227 35.3% BEACH/CONCESSIONS 10,000 3,000 13,000 13,673 673 5.2% SPECIAL EVENTS 12,000 12,000 14,394 2,394 20.0% ADULT PROGRAMS/ADAPTIVE 13,900 13,900 20,665 6,765 48.7% TOTAL RECREATION 786,300 (58,700) 727,600 747,880 20,280 2.8% COURT FINES 250,000 (75,000) 175,000 181,780 6,780 3.9% STMENT EARNINGS 110,000 40,000 150,000 236,013 86,013 57.3% 0 1991 FINAL GENERAL FUND REVENUES VARIANCE Favorable 1991 1991 (Unfavorable) ADOPTED ADJUST- AMENDED 12/31/91 Revised to Actual BUDGET MENTS BUDGET ACTUAL Amount % OPERATING TRANSFERS IN: 4110 UTILITY FUND 30,000 0 30,000 30,000 0 0.0% T.I.F. CONSTRUCTION FUND 200,000 0 200,000 200,000 0 0.0% LIQUOR FUND 155,000 51,000 206,000 206,000 0 0.0% TOTAL FUND TRANSFERS 385,000 51,000 436,000 436,000 0 0.0% OTHER REVENUE SCHOOL LIASON 42,000 42,000 44,073 2,073 4.9% SPECIAL ASSESSMENTS 400,000 400,000 464,042 64,042 16.0% MISCELLANEOUS 100,000 (12,000) 88,000 92,746 4,746 5.4% TOTAL OTHER _ 542,000 (12,000) 530,000 600,861 70,861 13.4% TOTAL REVENUES 14,457,000 (431,900) 14,025,100 14,299,927 274,827 2.0% USE OF FUND BALANCE 675,000 431,900 1,106,900 478,498 (628,4.02) -56.8% GRAND TOTAL 15,132,000 0 15,132,000 14,778,425 (353,575) -2.3% • III 1991 FINAL GENERAL FUND EXPENDITURES VARIANCE Favorable 1991 1991 (Unfavorable) ADOPTED ADJUST AMENDED 12/31/91 Revised to Actual BUDGET MENTS BUDGET ACTUAL Amount % 411EN DITURES: ' LEGISLATIVE 84,600 0 84,600 84,555 45 0.1% ELECTIONS 11,500 4,500 16,000 15,319 681 4.3% CITY MANAGER 170,900 0 170,900 166,042 4,858 2.8% ASSESSING DEPT 337,300 (11,000) 326,300 313,735 12,565 3.9% INSP/SAFETY/FACILITIES BLDG INSPECTION 533,900 (26,300) 507,600 505,229 2,371 0.5% SAFETY 54,700 0 54,700 51,797 2,903 5.3% FACILITIES 595,800 (12,100) 583,700 553,931 29,769 5.1% PARKS/RECREATION ADMIN&PARK PLAN 153,900 (2,000) 151,900 146,936 4,964 3.3% PARK MAINTENANCE 753,600 (14,550) 739,050 732,369 6,681 0.9% PARK CAPITAL OUTLAY 302,200 (5,150) 297,050 292,301 4,749 1.6% REC ADMIN&SP EVENTS 164,900 26,400 191,300 189,711 1,589 0.8% COMMUNITY CENTER 539,200 27,800 567,000 560,546 6,454 1.1% BEACH 77,600 (11,000) 66,600 67,077 (477) -0.7% ORGANIZED ATHLETICS 176,900 (180) 176,720 173,454 3,266 1.8% RECREATION-YOUTH 208,600 (5,770) 202,830 196,240 6,590 3.2% RECREATION-ADULT 79,000 10,250 89,250 88,596 654 0.7% RECREATION-ADAPTIVE 15,200 10,000 25,200 24,664 536 2.1% HIST& CUL ARTS 39,500 16,000 55,500 54,871 629 1.1% FINANCE 264,600 0 264,600 265,046 (446) -0.2% HUMAN RESOURCES 135,200 17,600 152,800 150,982 1,818 1.2% COMMUNITY SERVICES 148,000 (2,600) 145,400 132,422 12,978 8.9% PLANNING DEPT 374,600 374,600 361,045 13,555 3.6% POLICE DEPT POLICE 2,852,300 134,050 2,986,350 2,972,219 14,131 0.5% 0 CIVIL DEFENSE 38,300 0 38,300 37,397 903 2.4% ANIMAL CONTROL 99,400 (14,700) 84,700 80,978 3,722 4.4% FIRE 497,600 (17,400) 480,200 446,795 33,405 7.0% PUBLIC WORKS DEPT ENGINEERING 590,400 (12,7.50) 577,650 561,222 16,428 2.8% STREETS &DRAINAGE 1,167,600 48,500 1,216,100 1,182,565 33,535 2.8% EQUIPMENT MAINTENANCE 673,800 (51,000) 622,800 610,677 12,123 1.9% STREET LIGHTING 398,000 (42,000) 356,000 353,705 2,295 0.6% SOLID WASTE MANAGEMT 35,000 2,500 37,500 37,215 285 0.8% SHARED SERVICES GENERAL 433,800 (51,500) 382,300 377,103 5,197 1.4% DATA PROCESSING 91,000 6,700 97,700 96,083 1,617 1.7% • PUBLIC INFORMATION 116,900 (21,400) 95,500 9.5,009 491 0.5% LEGAL COUNSEL 100,000 58,000 158,000 157,691 309 0.2% EMPLOYEE BENEFITS &TRAINING 1,684,400 (21,000) 1,663,400 1,631,051 32,349 1.9% RESERVE CONTINGENCY 275,000 (39,900) 235,100 155,046 80,054 34.1% TOTAL EXPENDITURES 14,275,200 0 14,275,200 13,921,625 353,575 2.5% RESERVATIONS OF FUND BALANCE: CITY HALL LAND 661,800 0 661,800 661,800 0 0.0% PW/PARKS STORAGE FACILI 175,000 0 175,000 175,000 0 0.0% SEVERANCE OBLIGATIONS 20,000 0 20,000 20,000 0 0.0% TOTAL RESERVATIONS 856,800 0 856,800 856,800 0 0.0% GRAND TOTAL 15,132,000 0 15,132,000 14,778,425 353,575 2.3% MEMORANDUM • TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Craig W. Dawson, Assistant to the City Manager DATE: June 11, 1992 SUBJECT: Amendments to Solid Waste Regulations, Ordinance No. 25-92 The Minnesota Legislature has enacted some mandates to cities regarding solid waste collection services. An ordinance has been prepared to incorporate these mandates in the City Code. Requirement for Collection Service First, the 1991 Legislature required that cities with populations greater than 5, 000 "ensure that every residential household and business. . . has a contract for collection services. " In the case of an open-hauling system as Eden Prairie has, the City shall "require by ordinance that every household and business has a contract for collection services. " (MSA 115A.941) Section 3 of proposed Ordinance No. 25-92 would add these requirements to the Code. Enforcement would occur on a complaint basis and violators would be subject to misdemeanor penalties. State law requires that these provisions be in place by July 1992. Requirement for Volume-based Pricing Second, the 1992 Legislature specified that a licensing authority (in this case, the City) require licensees to impose pricing based on volume or weight (MSA 115A.93, subd. 3) . Prices would be higher with increasing amounts of solid waste collected. Further, licensees would not be able to have additional charges for collection of recyclables. In Eden Prairie, solid waste collectors use variable pricing based on volume, weight, or frequency of collection. Compliance with these provisions could be accomplished by licensees submitting a price schedule to the City. Statute calls for these provisions to be effective by August 12, 1992. RECOMMENDATION: It is recommended that the Council approve first reading of Ordinance No. 25-92. • CJJ:CWD:balm CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • ORDINANCE NO. 25 -92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9, SECTION 9 . 01 BY ADDING SUBD. 5 REQUIRING CONTRACTS FOR THE COLLECTION OF SOLID WASTE, AMENDING THE TITLE AND INCORPORATING DEFINITIONS CONTAINED IN SECTION 5. 36 AND AMENDING CHAPTER 5 , SECTION 5 . 36 OF THE CITY CODE EY ADDING PARAGRAPH "J" TO SUBD. 5 THEREOF AND PARAGRAPH "G" TO SUED. 6 THEREOF RELATING TO CHARGES FOR COLLECTION OF SOLID WASTE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5 . 99 and 9 . 99 THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS : Section 1 . The heading of Section 9 .01 of the Code is amended to read as follows : "Section 9 . 01 . Storage, Deposit and Collection of Refuse, Yard Waste, and Solid Waste. " Section 2 . Section 9 . 01 , Subd . 1 of the Coda is amended by adding thereto the following: 411 "The definitions applicable to Section 5 . 36 shall govern any terms used but not defined herein. " Section 3 . Section 9 . 01 of the Code is amended by adding Subd . 5 as follows : "Subd . 5. Every occupant of a single-family dwelling, a multiple-family dwelling, and a commercial establishment shall be a party to, or the beneficiary of, a contract for the collection of the solid waste generated on or within such single-family dwelling, multiple- family dwelling, or commercial establishment. " Section 4 . Section 5 . 36 , Subd . 5 of the Code is amended by adding paragraph "J" thereto as follows : "J. Each licensee shall impose charges for the collection of solid waste that increase with the volume or weight of the solid waste collected . " Section 5 . Section 5 . 36, Subd . 6 of the Code is amended by adding paragraph "G" as follows : 411 9.c)LA Z0 ' d T Lil63SZ T 9 NOSa3`_''3'd3 ',1!I d Dr4H1 67: 6 flHl 36- T T-Nflf "G. Not impose a greater charge for the collection of solid waste upon residents who recycle than upon residents who do not recycle solid waste or any part thereof. Section 6 . City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sections 5 . 99 and 9 . 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 day of , 1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1992 . ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1992 . • • lois 8© 'd iT._0€2 3 T 9 NOS2130321`J �-i n•_•d JNt71 . : i r -4J s T T -NI f LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW • 4400 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS,MLNN, ESOTA 55402 TELEPHONE:(612)338-0755 PAX:(612)349-6718 EDEN PRAIRIE OFFICE ROBERT I.LANG ROGER SUITE 370 H. PAULY 2550 PRAIRIE CENTER DRIVE RAVID FD P.ROSOW GREGERSON. EDEN PRAIRIE,MCJNESOTA 55341 MARK J. P.JOHNSONTELEPHONE:(612)829-7355 MARK . .NILAN - PAX:(SI2)B29-0713 JOSEPH JOHN W.LANG.CPA REPLY TO!4NNEAPOUS OFFICE JUDITH H.DUTCHER BARBARA M.ROSS WILI.TAM IL MILLER TODD A.BATTLER •Aln Anlbonaed Practice Law inw`"m°m June 10, 1992 Mr. Carl Jullie City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 • Re: City of Eden Prairie, Minnesota $5,565,000 Multifamily Housing Revenue Refunding Bonds, Series 1987 (Quail Ridge Apartments Project) (Eames Apartments Limited Partnership, Developer) Dear Mr. Jullie: Enclosed please find a letter I received from Attorney Suzanne Van Dyk and the original of an Agreement between Marquette Bank and Norwest Bank. 1 have reviewed the Agreement and have recommended that this matter be put on the City's Consent Agenda for authorization to execute the acknowledgement provided for on the second page of the Agreement. This • Agreement involves no substantive change insofar as the City is concerned and the terms of the Agreement are procedural only. If you have any questions please do not hesitate to contact me. Very truly yours, LANG, PAULY & GREGERSON, LTD. By Richard F. Rosow RFR\tk enclosures • dr.epitinic.itr DORSEY & WHIT1sTEY A PANT6ssnN1.Iac+-um.o Pae/. 162.s Cosposualoss 350 PARA AVENUE 2200 *OI PIN AV6NIJ .Y W. • ,SUITE 340 NEW TORY,NEW YORE 1000C PIR$T BANK PLACE EAST SZ R00HE6TER,YINN81iOSA SSBOSZ MIA)41•-0200 M'INNEAPOLIS, MINNESOTA 5 5402-1498 (607/200-3136 1330 CONNECTICUT AVENUE,N.W. 0012) 340-2600 WAS$INOTON,D.C.Y0036 TELEX 119-0605 1200 MST INTERSTATE CENTER (SOW 657-0700 FAX(€ 3)` o-emus 21L1JN08.YONTANA 50103 O GRACECNURCN 2TOCR7 (406)262-3000 TANpOII Boat/OAT,ENGLA)fD 44-71-P29-a334 00.Harr TUVNCMEY SW AIM VAN DIM 00'DAV11 S0N BOILIILN6 T3009 SAME,/VANE (613)94a�1 GREAT (ape)72,--3632 MONTANs se4o1 SAME,33-1-43-60-5D-40 40.Rua LE TREVEs B-1040 ERossaLs,ntLGlvx 127 EAST FRONT STREET 32-C-233-7e-U MISSOULA,YONTANA 59002 (406)721-0025 June 9, 1992 Richard Rosow, Esq. Lang, Pauly & Gregerson 4400 IDS Center Minneapolis, Minnesota 55402 Re: City of Eden Prairie, Minnesota $5,565,000 Multifamily Housing Revenue Refunding Bonds, Series 1987 (Quail Ridge Apartments Project) (Eames Apartments Limited Partnership, Developer) • Dear Rick: • I spoke last week to Roger Pauly of your office regarding the acknowledgement of the City on an agreement between Marquette Bank, as the initial Trustee and the beneficiary of the Reserve Letter of Credit described below, and Norwest Bank, as the successor Trustee for the above-referenced Bonds. I endose that Agreement, executed by Marquette and Norwest. By this letter, we request that the City execute the acknowledgement to the Agreement. A reserve fund for the above-referenced Bonds is funded by a letter of credit issued by Midway National Bank of St. Paul (the "Reserve Letter of Credit") to be held by the Trustee. The Reserve Letter of Credit names Marquette Bank as beneficiary, but makes no provision for transfer to a successor Trustee. If a draw on the Reserve Letter of Credit ever becomes necessary, the Trustees would like to make it in strict compliance with the Reserve Letter of Credit. The Trustees have, therefore, entered into the attached agreement to provide for this. The Bond documents are unclear as to whether the account party on the Reserve Letter of Credit is the City or the developer (although clearly the developer has the reimbursement obligation), but they do provide that the Reserve Letter of • DORSEY & WHITNEY Richard Rosow, Esq. June 9, 1992 Page 2 Credit is being provided as credit enhancement for the Bonds. Section 9-9 of the Indenture also provides, in part, that "[s]hould any instrument in writing from the Issuer be required from any successor Trustee for more fully and certainly vesting in such successor the estate, rights, powers and duties hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer." Since the provision of the Reserve Letter of Credit is a requirement of the Indenture, and the City and Trustee are parties to the Indenture, we think it appropriate that the City acknowledge the Agreement. We, therefore, request that the City execute the acknowledgement on the enclosed copies of the Agreement, and return them to the undersigned. Thank you for your assistance in this matter. If either you or anyone from the City has any questions regarding this, please call me. Very truly yours, u nne Van Dyk SVD/ph Enclosures cc: Jennifer L. Abbott (letter only) an-I • • AGREEMENT THIS AGREEMENT dated as of May 22, 1992,by and between MARQUETTE BANK MINNEAPOLIS,N.A. ("Marquette") and NORWEST BANK MINNESOTA,NATIONAL ASSOCIATION("Norwcst") WHEREAS,under an Indenture of Trust(the"Indenture")dated as of August 1, 1987,by and between Marquette and The City of Eden Prairie,Minnesota,a Minnesota municipal corporation ("Eden Prairie"),Marquette undertook to perform the duties of Trustee specifically set forth in the Indenture in regard to the$5,565,000 Multifamily Housing Revenue Refunding Bonds,Series 1987 (Quail Ridge Apartments Project) (the"Bonds") issued pursuant to the Indenture;and WHEREAS,performance of its duties under the Indenture may under certain circumstances compel or permit Marquette to draw under that certain Irrevocable Letter of Credit#A-1037 in the initial amount of S500,000 dated August 13,1987 issued by The Midway National Bank of St.Paul ("Midway') in favor of Marquette as Trustee (the"Letter of Credit");and WHEREAS, pursuant to an Order and Decree dated as of October 31, 1991,Norwest has become Successor Trustee to Marquette under the terms of Section 9-5 of the Indenture,and is thereby vested with all of the title to the Trust Estate,and all the trusts,powers,discretions, immunities,privileges and all other matters as was its predecessor;and WHEREAS,while the performance of its duties as Successor trustee under the Indenture may under certain circumstances compel or permit Norwest to draw under the letter of Credit,the Letter of • Credit by it terms permits a draw or draws to be made only upon presentation of Marquette's draft, accompanied by the original Letter of Credit and a statement signed by an authorized representative of Marquette stating: Marquette Bank of Minneapolis,NA.,is authorized to draw under the Letter of Credit pursuant to the Indenture of Trust securing the Multi-Family Housing Revenue Refunding • Bonds(Quail Ridge Apartments Project) and we,therefore,call upon you to honor Letter of Credit#A-1037 dated August 13,1987. • NOW,THEREFORE the parties hereto hereby agree that: 1. Marquette shall be authorized to draw under the Letter of Credit as agent for Norwest as Successor Trustee under the Indenture 2. Upon receipt of written direction from an authorized representative of Norwcst,Marquette will present to Midway its draft or drafts accompanied by the original Letter of Credit and a statement signed by an authorized representative of Marquette which is identical to the statement required to be presented under the terms of the Letter of Credit,and shall otherwise use its best efforts to draw under the Letter of Credit as agent for Norwest as Successor Trustee under the Indenture. • • 3. All amounts drawn by Marquette under the Letter of Credit shall be paid to Norwcst at its main office in Minneapolis,Minnesota,in funds with good value on the day and in the city in which payment is received,and not later than 3:00 p.m.(Minneapolis time) on the date such amounts are paid to Marquette. 4. In the event that Midway notifies Marquette that it will not renew the Letter of Credit, Marquette agrees to notify Norwest immediately regarding the nonrenewal. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed and delivered as of the date first above written. MARQUETTE BANK,OF MINNEAPOLIS,NA. • By Its t't9 NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION By di,Aa AL d� • abbe* • • Its .*.7r, :f�i _,T1C��!!��- • Acknowledged this_day of April,1992 CITY OF EDEN PRAIRIE, MINNESOTA By Its ii00 CITY OF EDEN PRAIRIE 4111, HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-137 RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY REPORT (without petition) WHEREAS, it is proposed to make the following improvements: I.C. 52-263 - Indian Road Bridge Replacement and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study with the assistance of RCM, Inc., and that a feasibility report shall be prepared and presented to • the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvement. ADOPTED by the Eden Prairie City Council on June 16, 1992. Douglas B. Tenpas, Mayor • ATTEST: SEAL John D. Frane, Clerk J - MEMORANDUM - • TO: Mayor Tenpas and City Councilmembers THROUGH: Carl Jullie, City Manager FROM: Alan D. Gray, City Engineer DATE: June 8, 1992 SUBJECT: Indian Road Bridge Indian Road is a narrow gravel surface that meanders through Section 31 and 32 south of Trunk Highway 169 (see attached Exhibit A). Approximately 1,000 feet south of TH 169, Indian Road crosses an unnamed stream which connects Rice Lake and Grass Lake. Bridge L8069, which carries Indian Road over the stream is in extremely deteriorated condition. The bridge inspection report lists the following deficiencies: • Railing removed • Wood deck rotted completely through • Beams rusted with some section loss • Wood abutments rotted and collapsing • The Engineering Division has been contacted by a property owner in Section 31 and 32 requesting repairs to the bridge to accommodate access for trucks and farm equipment. Due to the condition of the existing bridge, Indian Road has been closed for many years. Access is available westerly through Shakopee to TH 169. The U.S. Fish and Wildlife Service also owns property in this area and manages it as part of the Minnesota Valley National Wildlife Refuge. We have met with U.S. Fish and Wildlife staff to discuss their interest in the repair of the Indian Road bridge. They believe that a vehicle access bridge at this location will have long-term value to managing the wildlife refuge. The existing bridge cannot be repaired to a safe condition for public use due to the deterioration of beams and abutments. Replacement with a new bridge, box culvert, or multiple culvert structure appears most feasible. A replacement system must meet the needs for structural capacity and hydraulic capacity for management of water levels from Rice Lake. The most feasible system will minimize construction cost and maintenance cost while meeting the needs of structural capacity and hydraulic capacity. Staff recommends Council authorize a feasibility study to evaluate the performance and cost of alternate structures to replace the Indian Road bridge and to evaluate financing alternatives. ADG:ssa • i • EXHIBIT A • . • i laU• I,L •.H err ■■■■■■ Y • 3 •' ' • 1 Cs . 1 ' r LAKELANO CIR. 1 LAKELAND TERit. -0 . • • F } & 2G 30 _ W Q N3N64.1LL RDr a a DRCl... u0 G ' -L11 r- .. RDA() t _ • B ,. CLOSED 7A«Iryv�S • r �," RACE — - -. - -- �:�_'....c. 0 ,I • �c` LAKE a • 1: ....7.= = •\.< LAKt - _ l€'2rEifir _ N., -- 1 la _ ROAD R0 CLOSED`HO‘DN —� J mac~ �. (1 1... ` • • 12(P CITY OF EDEN PRAIRIE 411 HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-138 A RESOLUTION APPROVING FINAL PLAT OF SHORES OF MITCHELL LAKE WHEREAS, the plat of Shores of Mitchell Lake 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 Shores of Mitchell Lake is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 11, 1992. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 16, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • 1�s1, t MEMORANDUM • TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technici • DATE: June 11, 1992 SUBJECT: Final Plat Approval of Shores of Mitchell Lake (Resolution No. 92-138 PROPOSAL: U.S. Homes Corporation has requested City Council approval of the final plat of the Shores of Mitchell Lake located south of Highway 5 on the western shore of Mitchell Lake. The plat contains 32.7 acres to be divided into 55 single family lots, two outlots, and right-of-way dedication for street purposes. Outlot A contains 0.21 acres and Outlot B contains 1.66 acres, both of which are to be conveyed to the City for park purposes. HISTORY: The preliminary plat was approved by the City Council October 3, 1989 per Resolution No. 89-210. The Developer's Agreement referred to within this report was executed March 13, 1990. Second reading of Ordinance No. 37-89, Zoning District change from Rural and R1-22 to R1-13.5 was finally read and approved by City Council March 13, 1990. VARIANCES: A variance will be necessary from City Code 12.20 Subd. 2.A. waiving the six- month maximum time elapse between the approval date of the preliminary plat and filing of the final plat. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and streets throughout this project will be installed in conformance with City Standards and the requirements of the Developer's Agreement. PARK DEDICATION: Prior to release of the final plat the developer shall provide the City with warranty deeds for Lots A and B. All other requirements for park dedication are covered in the Developer's Agreement. Final Plat of Shores of Mitchell Lake Resolution No. 92-138 June 11, 1992 Page 2 of 2 BONDING: Bonding will conform to the requirements of City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of the Shores of Mitchell Lake subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of street sign fee in the amount of$1,759 2. Receipt of street lighting fee in the amount of $7,236 3. Receipt of engineering fee in the amount of$2,200 4. Receipt of warranty deeds for Outlots A and B JJ:ssa cc: Lee Johnson, U.S. Homes • Sathre Bergquist, Inc. 410 • STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS • ET TRANSPORTATION ■ CIVIL■ STRUCTURAL ■ ENVIRONMENTAL■ LAND SURVEYORS SRF No. 0901336 May 29, 1992 Mr. Alan D. Gray, P.E. UU :NVG_ DEPT. i._.. City Engineer CITY OF EDEN PRAIRIE JUN 1 1992 7600 Executive Drive Eden Prairie, Minnesota 55344 CI TY RE: DELL ROAD EDEN PRAIRIE EDEN PRAIRIE I.C. 52-160 S.A.P. NO. 181-113-01 Dear Mr. Gray: Bids were received and opened at 10:00 a.m. on Thursday, May 28, 1992 for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate was $1, 045, 000.00. Extremely favorable 4111 bids were received; the low bid, submitted by Imperial Developers, Inc. was $895,456. 60. We recommend that the City Council award Improvement Contract 52-160 to Imperial Developers, Inc. in the amount of $895, 456. 60. Very truly yours, STRGAR-ROSCOE-FAUSCH, INC. Donald A. Demers Engineer / - ames R. Dvorak, P.E. ssociate DAD:JRD:bba Attachments ill Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 i' 1 SUMMARY OF BIDS I.C. 52-160 • DESCRIPTION: Dell Road (W. 82nd Street to Cascade Drive) BIDS OPENED: May 28, 1992 - 10: 00 a.m. CONSULTING ENGINEER: Strgar-Roscoe-Fausch, Inc. CHECKED BY: Strgar-Roscoe-Fausch, Inc. Bidder Bid Security Total Amount Imperial Developers, Inc. 5% $ 895, 456. 60 Ryan Contracting, Inc. 5% $ 908, 030.50 Shafer Contracting Co. , Inc. 5% $ 911, 957. 00 Nodland Construction Co. , Inc. 5% $ 956, 004 .00 Hardrives, Inc. 5% $ 1, 086,459.40 Northdale Construction Co. , Inc. 5% $ 1,128 ,962 . 00 The undersigned recommend award. of Contract to: Imperial Developers, Inc. as the lowest responsible bidder for this Improvement Contract. rgar-Roscoe-Fausch, Inc. Alan D. Gray, P.E. City Engineer • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-118 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 52-160 Dell Road S.A.P. No. 181-113-01 bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and, WHEREAS, the City Engineer recommended award of contract to: IMPERIAL DEVELOPERS, INC. as the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Imperial Developers, Inc. in the name of the City of Eden Prairie in the amount of $895, 456. 60 in accordance with the plans and specifications thereof approved by. the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 2 , 1992 . Douglas Tenpas., Mayor ATTEST John D. Frane, Clerk SEAL: • • MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager Chris Enger, Director of Planning FROM: Scott A. Kipp, Planner DATE: June 4, 1992 SUBJECT: Deer Control Fencing at Flying Cloud Airport The Metropolitan Airports Commission (MAC) is considering the installation of a deer control fence around the remaining airport property currently unprotected without any fencing. MAC is favoring a 7 to 12 foot High Tensile Woven and Smooth Wire Non-Electric Deer Fence (see attached). The fence is proposed in order to enhance the safety of the airport. As you are aware, the deer population is increasing in the area. Many deer wander across the airport property up from the Minnesota River Valley. In 1990, an aircraft landing at Flying Cloud struck a deer, causing serious damage to the aircraft. • Although CityCode limits the height of anyfence to a maximum of six feet, a fence as high as g g g 12 feet will be necessary to discourage the deer from jumping over it. Since MAC property is a unique land use and is not governed by all aspects of our Zoning Code, and that the higher fence will be necessary to be effective, a variance for height should not be required. The Animal Control Officer for Eden Prairie has reviewed the proposed fence and has recommended approval. The Flying Cloud Airport Advisory Commission also recommends approval for health and safety reasons, but cautions any precedent being set by the fence height. RECOMMENDATION: Staff would recommend that the City Council endorse the construction of the deer control fencing as depicted in this memo for health and safety reasons, waiving the need for any variance approval. MEMOCC.64 • AF'R-1F,-1992 1.,.44 FFUI1 '=.EH III . I t '71:3'".'411 I-'.r_r,7.' 1 • C a CC . • ZZ lb p� ^tom �. � \ ° 1 /�� ✓ 0 cc V s 1 ?l r .�� l 'o e /l\‘ 0,i.'1\ 3 I -�f/ r C �j�� ,�.\ LL. (- 74i,‹ i OJT '�.;• / , i %/,�� ' "n\`� • ---.. i„I._;;, ,•,..-•-4 \\,„ / ir ( ';i1----::••-,.N- 4-1 1 a .. 4 • a?)- 1. s 1;4'4.,,____. --a li,,,/ k,,,,,, .-1/. i- 4:.,, ,, L.,-."4.--- . ..,:------k--)::;L—_::.____-,•--.___-,,,--- x �.'.•'' 1'..:.,:=�r fir•..+ - r �. >I, 1, r11.1 •41.t..\ (!) 1.A.....---..._,,,,,•-•,;( 7)\-s...„.• :,--- +' ram`Uzi! F�. it 1! )o1—� J (.... ,,. ... c.. ...e._ ,. ?... -.g- - laii ,-....4 1 , .Ar, .- . ---..::: ',irt-t;Y.,E."-:,..7_ 0__,Lie lc jni .- vas .,_._--.)1k .... ., ., •I,',d i 1' 4 et:.0,4 , „ .i f . lik\ .____i_._ 1 . / ,... /,-1-P'j"--N!..':,..../ 111 ...-. ... 0 . t.. , 'I'\\ \(--\ 1 g , r r, \\,..-.:----:AJ 1 ,, , r ,, t','/7 • i lik.' It''' '' 1 :"....]1 . i -,,,..., • e 0 _1 a T% f' ! 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TL -7 111 ' P. • • r 4 TO 6 WIRES 30' WITH WIRE SPACER • ` VARIES ~ i VARIES �t �-. .� — ---------------_.____:H--'- : to — . f}— • 60 9' --- —� 17-- .� ` », y8 ----� —. -`.- — -i -- _ . — l 1 if le • ‘&4"1 -7' , igpi ...._____4_ • 14 • ' . „ ,' ,gel LINE POST-IO TO LENGTHS I11 relfr;-�f . MINIMUM 3•DEPTH • I4 CORNER/END POST - 12 TO 16' LENGTH MINIMUM 4' DEPTH t'` WITH WOVEN WIRE LESS THAN 6-FOOT HEIGHT ADD TOP WIRES TO PROVIDE MINIMUM 7' HIGH FENCE • FIGURE 5. 7 to 12'High Tensile Woven and Smooth Wire Non-Electric Deer Fence 'The 7 to 12-foot high tensile woven and smooth wire non-electric deer fence (Figure 5) is very effective and recommended for moderate to high deer pressure on .,, moderate to large acreage.Woven wire fence with out- rigger and barbed wire at top has been in use many years in'the U.S.as deer fence for preserves,parks and game farms. High tensile woven wire fence, originally developed over 10 years ago in New Zealand for deer • farming, is now being marketed in the U.S. Considered the ultimate in effective deer fencing. high tensile woven wire is available in0vi .si�ismstiii ostr %m.,,i ;:<:". > 2' 'Y,F� �"''fim ' _.. b e 49 and 75-inch 3::ii+ia3iYFr . >:f -.: : .: :> 3 =r>J� heights.A minimum of one strand of HT smooth wire is Agricultural Extension Committee on Deer Damage recommended on top the woven wire and total fence and Control: Tara A. Baugher, Steven M. Carcaterra, height should be no less than 84 inches for low to W.Randolph Davidson,William N. Grafton,Thomas R. ii, erate deer pressure.Additional wires are added to McConnell, Arthur W. Seiders, Charles E. Williams, ', ide up to a 12-foot high fence.As expected,cost is David J. Workman. much higher than other types—both material and construction labor. However, less maintenance is Appreciation is extended to Michael K. Kridle and required for this fence. Mary A. Guariglia. i - MEMORANDUM - TO: Mayor Tenpas and City Councilmembers FROM: Eugene A. Dietz, Director of Public Works DATE: June 3, 1992 SUBJECT: Pedestrian Trail — CSAH 4 SUMMARY: This memorandum provides a status report on the proposed trail along the west side of CSAH 4 between Valley View Road and Duck Lake Trail. In addition, we are recommending that certain design changes be made and $10,000 be diverted from unexpended funds from the Roberts Drive trail to allow for a separate pedestrian bridge to be designed for the CSAH 4 trail segment parallel to the roadway bridge over the railroad tracks. BACKGROUND: During the 1991 budget process, the City Council discussed at length the desirability of a pedestrian trail adjacent to CSAH 4 between Valley View Road and Duck Lake Trail. The estimated cost to provide a separated trail and a separate bridge structure over the railroad tracks was $200,000. Due to budget constraints, a compromise design was evaluated, • which would cost approximately$140,000. During the final design process this spring, we have determined through further discussions with Hennepin County that certain elements of the project cannot be accomplished. Specifically, in the area of the bridge approaches, it will not be possible to have a separate trail segment from the edge of the roadway. This factor substantially reduces the project cost by eliminating most of the retaining wall anticipated being necessary for the project. • As a result of these design changes, it would be possible to install the trail system as discussed last year with the exception of the trail being adjacent to the roadway shoulder between Hillcrest and Baywood Lane. The resultant savings would be approximately $80,000. This design could be constructed and the money could be returned to the general fund. As an alternative, we estimate that providing a separate 8-foot wide pedestrian bridge parallel to the existing roadway bridge would increase the project cost by $90,000. Portions of the trail would still be adjacent to the roadway shoulder (elevated 6-8 inches by a curb section), but would eliminate routing pedestrians over the roadway bridge on a 5-foot wide sidewalk. This does appear to be a safer alternative for the project. The trail improvements along Roberts Drive that were essentially completed in 1991 anticipated the need for a 5-foot chain link fence adjacent to the trail. The trail is fully complete at this time and the money for the fence was carried over to the 1992 budget. However, the fence is only marginally necessary and would certainly not rank as high as priority improving the safety aspects of the.CSAH 4 trail project. I would therefore recommend that a budget amendment be approved to divert the needed $10,000 to the CSAH 4 project from the Roberts Drive project. Memorandum to Mayor and City Council Pedestrian Trail — CSAH 4 • June 3, 1992 Page 2 of 2 PROPOSED ACTION: If the Council concurs with the above analysis, it is recommended that the following actions occur: 1. City Council authorization for a$10,000 budget amendment from the 1991 Roberts Drive trail project to the 1992 CSAH 4 trail project. 2. Staff to retain the firm of RCM at an estimated cost of $5,000-$6,000 for design work necessary for abutments for the proposed bridge and performance specifications on a pedestrian bridge. 3. Staff begin negotiation with the Railroad to permit the installation (the issues with the Railroad could cause some delay to the project). EAD:ssa • • • 7 JLW 12 '92 e9:55 DORSEY & WHITNEY MINNEAPOLIS P.2 DORSEY tC WHITNEY 4111 A Purnocaaanr drc x ivm .Px0 i r.aatox. Cv.rOYTIOxa Sao?Art AVSxIIs 2200 FIRST BANK PLACE EAST sor :tans AVaKra,■.W,nvsra 34,o VaY TOaa.r.M TOLE woes aocaaeTra,marra■OrA 56000 (421m5•9e00 MINNEAPOLIS MINNSSOTA 55402-1498 (-or) - 3456 t330 coaxacncrz Avaxos,S.M. (612) 34.0-2600 taoo seas:ixrzsa:Ara C113f732 1u/1 MM,3.C.00036 TELEX 30-0605 stLLINas,X00TAWA sow0s (006)65r-woo (406)252.5600 FAX(CO 340-0888 Sor n v[De0x nIIiLOao 3 OaAcac T OAT sTaaar 0s.sA2 PALLO,x0XTLRA 59401 z0aDOx aaOLAxn 44-fl•9e9-3u4 (406)rer-3s3e tar magi rEo C? eraser 06.atr Taoaca :sow raA m,ruaca xx■■ovu,xoxraxA 69e0e (406)ra!•e045 03 1-aa-ss-s9-se VER(ANE L.ENDORF' as smuts na xaatra (612)340-2651 601 OXIXD.soul 3000 ban xOixae,IOWA 50000 a•w.o saAssaLe, -U Otrll (513)ae3•t0o0 3a•o•3o4.4e-u June 12, 1992 John Frane City Clerk City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Consolidation of Special Assessment and State-Aid Debt Service Accounts Dear John : Enclosed is a resolution by which the City Council may approve the consolidation of accounts and the "bridge loan" from the Utility Reserve Fund, as we discussed in out meeting on Tuesday. Based on our understanding that all construction . expenditures have been fully paid with respect to the accounts to be consolidated so that those accounts are all either debt service accounts or accounts from which the balances may be transferred to debt service accounts, we are of the opinion that the proposed consolidation is permitted by Minnesota law. Once the consolidation has been accomplished,. the City may make a loan from the Utility Reserve Fund of moneys not currently needed for the purposes of the Fund to be consolidated debt service account. The loan is to be repaid from the consolidated account each year as moneys are available after provision has been made for payment of current debt service and reserves for payment of future debt service on the bonds payable from the consolidated account. Very truly yours, er ane L. ndor VLE/sd . Enclosure • j CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 110 RESOLUTION NO. 92-144 RESOLUTION APPROVING CONSOLIDATION OF CERTAIN DEPT SERVICE ACCOUNTS AUTHORIZING INTERFUND LOAN BE IT RESOLVED, by the Eden Prairie City Council as follows: WHEREAS, The City Finance Director/Clerk and the City's independent accounting firm have recommended to this Council that, in order to simplify the City's recordkeeping, it is desirable to consolidate certain City accounts relating to special assessment and state-aid road projects. Once those accounts have been consolidated, the Finance Director/Clerk recommends that this Council, in order to reduce or eliminate additional tax levies which would otherwise be required in order to pay debt service on bonds payable from the consolidated account, authorize a temporary loan from the City's Utility Reserve Fund to the consolidated account. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF'1'HE CITY OF EDEN PRAIRIE: The recommendation as to consolidation of accounts is hereby approved. The temporary loan 110 from the Utility Reserve Fund is hereby approved. These approvals are effective December 31, 1991, for accounting purposes. The temporary loan is to be repaid to the Utility Reserve Fund over a period of approximately eight years in accordance with a repayment schedule prepared by the Finance Director/Clerk. However, in the event that collections of special assessments and other revenues pledged to the consolidated account are more or less than currently projected, the Finance Director/Clerk is authorized to adjust the repayment schedule of the temporary loan as necessary to ensure payment of debt service on the bonds payable from the consolidated account. ADOPTED by the Eden Prairie City Council on the 16th day of June, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • Dorenkemper Estates • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-127 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF DORENKEMPER ESTATES FOR ALEX DORENKEMPER WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit-Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Dorenkemper Estates PUD Concept by Alex Dorenkemper and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on June 16, 1992; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, • Minnesota, as follows: 1. Dorenkemper Estates by Alex Dorenkemper, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated May 8, 1992. 3. That the PUD Concept meets the recommendations of the Planning Commission dated May 11, 1992 and May 26, 1992. ADOPTED by the City Council of the City of Eden Prairie this 16th of June, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • Dorenkemper Estates Exhibit A • Tract G, Registered Land Survey No. 1410, Hennepin County, Minnesota. • • Ii DORENKEMPER ESTATES • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-126 RESOLUTION APPROVING THE PRELIMINARY PLAT OF DORENKEMPER ESTATES FOR ALEX DORENKEMPER BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Dorenkemper Estates for Alex Dorenkemper dated May 8, 1992, consisting of 46 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of June, 1992. • Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk S 5- • • A. DORENKEMPER ESTATES by Alex Dorenkemper. Request for PUD Concept Review on 46 acres, PUD District Review within the Rural District on 46 acres with waivers for lot size and Preliminary Plat of 46 acres into 4 lots. Location: 18925 Pioneer Trail. Continued Public Hearing. Franzen reported that this item was continued from the May 11, 1992 Planning Commission to provide an access agreeable to all 3 property owners and determine the wetland status of a portion of the property. Franzen stated that a confirmation regarding the wetland status had not been obtained at this time. The Watershed District reviewed the item and the board believed that further information was needed before a decision could be made. Franzen noted that if the road was constructed based on the current proposal it would not make any difference if a portion • • �?c. M.� C • of the property was classified as a wetland or not. Franzen reported that Vogel had agreed to • grant a private easement to Peterson. Franzen stated that Staff recommended approval of the project as proposed. Darrel Peterson, 18700 Flying Cloud Drive, stated that he and Vogel had agreed that the road should be left in the proposed position. Dorenkemper stated that he concurred with the recommendations in the Staff Report. Richard Vogel, 105 Pioneer Trail, Chanhassen, concurred with the plan as proposed. MOTION 1: Kardell moved, seconded by Hawkins to close the public hearing. Motion carried 6-0-0. Norman stated that she was more comfortable approving the proposal since all the involved parties worked together to come to an agreement on access. Hawkins concurred with Norman's comment. Hawkins noted that the issue of the wetland status was still open and would like to be updated when a determination was made. He added that the Planning Commission has always been concerned that wetlands be identified and preserved. Peterson stated that because the land had been farmed for the majority of the time he did not • believe that it would be designated as a wetland. Dorenkemper stated that he would go along with whatever the Watershed District decided. MOTION 2: Kardell moved, seconded by Hawkins to recommend to the City Council approval of the request of Alex Dorenkemper for Planned Unit Development concept Review on 46 acres, based on plans dated May 8, 1992, and subject to the recommendations of the Staff Report dated May 22, • 1992. Motion carried 6-0-0. MOTION 3: Kardell moved, seconded by Hawkins to recommend to the City Council approval of the request of Alex Dorenkemper for Planned Unit Development District Review within the Rural District with waivers, on 46 acres, based on plans dated May 8, 1992, subject to the recommendations of the Staff Report dated May 22, 1992. Motion carried 6-0-0. MOTION 4: Kardell moved, seconded by Hawkins to recommend to the City Council approval of the request of Alex Dorenkemper for Preliminary Plat of 46 acres into 4 lots, based on plans dated May 8, • 1992, subject to the recommendations of the Staff Report dated May22, 1992. Motion carried P 6-0-0. S -7L • C. DORENKEMPER ESTATES by Alex Dorenkemper. Request for PUD Concept Review on 46 acres, PUD District Review within the Rural District on 46 acres with waivers for lot size and Preliminary Plat of 46 acres into 4 lots. Location: 18925 Pioneer Trail. Franzen reported that in 1988 a similar proposal had been presented and withdrawn. He noted that this plan was slightly different. Dorenkemper reported that he concurred with the recommendations outlined in the Staff Report and requested approval of the project. Franzen noted that since the 1988 proposal the wetland delineation was required. This wetland area would be part of the Lower Minnesota River District and the proposed area would be discussed at their meeting on Wednesday evening. Franzen stated that the Staff Report addresses six possible road alignments depending on the wetland delineation. Franzen noted that with the new requirements if you fill within a wetland area you have to replace a wetland area of equal size. Franzen also noted that because of the Outlot and road designation Lots 1 & 2 were not 10 acres in size. Franzen believed that Mr. Vogel and Mr. Peterson adjacent property owners would benefit from the road. Franzen stated that Staff recommended approval of the project with Road Design #1 based on wetland designation. Franzen said that the City would not build the public road at this time. Franzen added that Vogel and Dorenkemper wanted to use the road as a driveway access and agreed to maintain it. Sandstad asked what other property owners were to the south. Peterson replied the other own io would be Steve Brown. Richard Vogel, 105 Pioneer Trail, Chanhassen, stated that he had not objection to the way the plat was outlined. He added that even if this area was designated as a wetland the road would need to be built up. Kardell asked Vogel if he agreed with the shared maintenance. Vogel replied yes. Darrell Peterson, 18700 Flying Cloud Drive, stated that he had no objection to the proposal; however, he wanted his 180 acres to have access. Peterson preferred the road alignments in plans 2, 4, or 6. Franzen replied that additional 3 possibilities existed for access for Peterson; across Dell Road, across Pioneer Trail, or up Highway 169, which was too steep. Franzen noted that Staff had only looked at minor collectors. Franzen also noted that Vogel had indicated that he might want to subdivide in the future and at that time he would provide an easement for the Peterson property access. Franzen stated that the easement would have to be worked out between the property owners. Franzen stated that at the time the attachments were designed it was not known that this area could be a wetland. 6 • Norman asked if the property owners could arrive at an understanding regarding the easements. • Peterson believed that if a subdivision of the proPerty was planned that it would be best to provide for an access now. Peterson stated that he definitely wanted access or an easement to the road. Norman questioned Vogel's Chanhassen address. Franzen replied that Vogel had part of the property in Eden Prairie and he would like to build on that property; however, in order to obtain a building permit he needs road access. Hawkins proposed a possible #7 road design with the road to run down the property to the northern corner of the Peterson property and then angle to the west. Dorenkemper replied that he would lose almost an acre of land. Sandstad noted that Peterson would still have future options for road access even if the proposal was approved as is tonight. Dorenkemper noted that other access could be provided when sewer and water would come into the Peterson property. • Franzen believed that it was important to keep things in perspective. This was planning for the future and if nothing was done with this proposal Peterson would not have access. Peterson could also wait for sewer and water for more access possibilities. Franzen recommended Road Design #1 because it skirted the wetland area. Franzen added that Peterson has access from Highway 169. Norman believed that the least the Planning Commission should do would be to consider another option for access to the Peterson property. Bauer believed that the options were to either vote on the proposal as presented tonight or continue the item for 2 weeks and allow the 3 parties to agree on an option for the road alignment. Peterson stated that he was most comfortable with the present option #6. Dorenkemper stated that option #6 would go right through the wetland area if so designated. Peterson added that he also liked Hawkin's option #7. Hawkins believed that another alternative would be a land swap. Franzen noted that after the meeting on this Wednesday evening by the Lower Minnesota Watershed District everyone would have a better idea of what exactly was going on regarding the wetland designation. 7 Hawkins believed that a continuation would be in order. • Bauer concurred with the recommendation for continuance and suggested recommendingthat the gg 3 property owners meet after the Wednesday evening meeting to arrive at a solution. Clinton concurred with recommendation. Sandstad stated that he would be comfortable voting on the proposal tonight. He believed that many options for access were available. Wissner concurred to continue the item until after Wednesday evenings meeting. Kardell concurred with a continuance. She did not believe that a 2 week continuance would put undue pressure on any of the parties because there was no sense of urgency in this matter. Norman concurred that she did not see a need to rush this proposal through and would be more comfortable if all 3 property owners needs were met. Hawkins stated that while the Planning Commission did not know what the outcome of the Lower Minnesota Watershed District would be; the Staff and Planning Commission has shown a keen interest in the preservation of the wetland areas. MOTION 1: • Hawkins moved, seconded by Clinton to continue this item to the May 26, 1992 Planning Commission meeting. Motion carried 7-0-0. • • 8 • (-1;.1 STAFF REPORT • TO: Planning Commission THROUGH: Chris Enger, Director of Planning FROM: Michael D. Franzen, Senior Planner DATE: May 22, 1992 SUBJECT: Dorenkemper Estates APPLICANT/ FEE OWNER: Alex Dorenkemper LOCATION: South of Pioneer Trail, West of Riley Creek REQUEST: 1. Plan Unit Development Concept Review on 46 acres. 2. Plan Unit Development District Review on 46 acres with waivers for lot size, and building setback in the rural zoning district.• . 3. Preliminary plat of 46 acres into 4 lots, 1 outlot and road right-of-way. !IR laRTEWAT LANG --- . IIY.DRES SEN CRC LEI ' T L_• LAKE Lo O ZVAL R1 • RILEY _ /annex liaasiis••■l•f••0•■ 9400 _—� .• g S i t�j J i i o . lif - > •.•i / •. c '� •. D fIts .5� .1`.s .'. � i • 9600 . A �, ' • • 1:: .. 7 Z .=:. : J4T� cc a IL:. • u t c` vo __DR 10200 1 • ��FLY r 1 • 169 _ - - -1 i;-f Rpnn 21 _ _ —- r• - - LOSED C • STAFF REPORT DORENKEMPER ESTATES MAY 22, 1992 BACKGROUND This is a continued item from the May 11, 1992 meeting. The Planning Commission continued the item to obtain additional information regarding the wetland status and to allow the opportunity for Mr. Vogel, Mr. Dorenkemper, and Mr. Peterson, to work out a shared private access. WETLAND STATUS Larry Samstad of the Lower Minnesota River Watershed District has made a preliminary review, (which has not been field verified), that the low area is not a wetland. The wetland delineation in the field may not occur for some time since the watershed district has not yet adopted the States definition of a wetland. The land owner, Alex Dorenkemper, does have the option of hiring a private consultant to delineate the wetland. Based on conversations with Mr. Vogel and Mr. Dorenkemper, this low area has been farmed unsuccessfully at times due to the wet condition of the low area. Most of the time the low area has been planted with reed canary grass and not used for agriculture purposes. This would suggest that if the low area is too wet to be used for agricultural purposes, it may be a wetland. • Regardless of whether or not this low area is a wetland, there are practical difficulties with building a road or private drive across this area. There would be a considerable amount of fill and soil correction. Since there is over 46 acres of land on the Dorenkemper property, there • is room to plan a road to avoid this low area. • ROAD ACCESS One of the responsibilities of the City in the review of subdivisions is to encourage a plan which respects natural features, provide an efficient road system for clear access, and promote the orderly and timely development of adjoining parcels in the future. In a typical subdivision with sewer and water, the question of providing access to the Peterson and Vogel properties would not be an issue, since there would be multiple opportunities to provide road access. However, this is a subdivision in the rural area, no zoning change is requested, and sewer and water will not be available until after the year 2000. Road access is being extended to the Vogel property. Road access will be extended to the Peterson property when the Vogel property requests subdivision approval. 2 C C STAFF REPORT • DORENKEMPER ESTATES MAY 22, 1992 The City could approve a plan to subdivide the Dorenkemper property into 10 acre size parcels and defer judgement on the location of roads to the future when sewer and water is available. Access could be provided to each of the 4 lots on the Dorenkemper property from County Road 1. (Mr. Vogel could still obtain a building permit for his lot.if Mr. Dorenkemper would provide a private road easement.) Approving a subdivision without a collector road right-of-way will complicate the development of the Dorenkemper properties and adjoining properties in the future. The City staff has determined that there is a need to provide a collector road access into this general area. Access from County Road 1 would be one of three possible alternatives for collector roads. The question in the future would be which 10 acre parcel of the Dorenkemper property should have the collector road. It will place a hardship on an individual 10 acre lot to provide 60 feet right-of-way when other lots may only have to provide a 50 foot right-of-way for local streets. The road right-of-way in the proposed location on the preliminary plat serves two purposes. First, it will provide in the future a collector road to serve an area of approximately 400 acres. Second, it can currently be used as a private driveway access to the Vogel property. A road easement to the Vogel property could be provided anywhere within the Dorenkemper • property. It made good planning sense to provide it within the road right-of-way. This would make subdivision of the land easier in the future. If a driveway easement was provided outside of the road right-of-way, future subdivision would not only have to contend with the road right- of-way but would have to work around the existing driveway easement to the Vogel property. Approval of the subdivision with the right-of-way in its current location would not preclude the opportunity for Mr. Vogel, Mr. Peterson, and Mr. Dorenkemper to work out a private agreement for use of the proposed right-of-way as a driveway, nor would it prohibit Mr. Dorenkemper from granting Mr. Peterson a private easement for farm equipment access across other proposed lots. Mr. Vogel could to plat a right of way to the Peterson property since this property is not proposed for subdivision at this time. Mr. Vogel could grant a private easement • across his land to Mr. Peterson. The purpose of planning the location of a future road is not to allow for continued subdivision -- of the rural area into 10 acre parcels on a private driveway within the City right-of-way. If the Dorenkemper site provides additional right-of-way to the Peterson piece, Mr. Peterson may request that the City grant subdivision approval into 10 acre parcels with access off this private drive. This would also create an additional lot less than 10 acres in size in the rural area on the Dorenkemper property. 3 C STAFF REPORT DORENKEMPER ESTATES MAY 22, 1992 The Planning staff has studied the possibility of providing a different location of the road right- of-way which would access the Peterson and Vogel property. Street design standards for a collector road require a 300 foot radius for curves which makes it technically not possible to access both properties with the same road. If the City was to consider a second road, it would create a remnant 2 acre parcel (essentially the low area) less than the 10 acre minimum lot size in the rural area, and would be difficult for Mr. Dorenkemper to sell as an additional lot. CONCLUSION The Planning staff would recommend that the subdivision be approved as submitted by Alex Dorenkemper based on the following reasons: 1. The road right-of-way dedicated at this time is planning for the future when sewer and water is available. It is not intended as a way to further subdivide land in the rural area without a public street. 2. Although a second access to the Peterson property would be beneficial, this property currently has access for farm equipment from 169. 3. Approval of the subdivision would not preclude property owners from entering into • private agreements to provide driveway access for farm equipment. 4. The proposed road right-of-way avoids a potential wetland. 5. The city street in the future would be less costly to develop in its current location. 6. Right-of-way dedication will make it easier for Mr. Vogel and eventually Mr. Peterson to subdivide in the future. 7. The subdivision is consistent with the Guide Plan. 8. The project meets density requirements in the rural zoning district. 4 • j AO STAFF REPORT • DORENKEMPER ESTATES MAY 22, 1992 STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the Planned Unit Development Concept on 46 acres, Planned Unit Development District Review with waivers for lot size and building setback in the Rural Zoning District and Preliminary Plat of 46 acres into 4 lots, 1 outlot in road right-of-way based on plans dated May 8, 1992 and subject to the recommendations of the Staff Report dated May 22, 1992 and subject to the following conditions: 1. Prior to City Council review, the proponent shall submit for review and approval A. A revised preliminary plat which delineates the edge of the wetland area in the southeast corner of the property as determined by the Lower Minnesota River Watershed District. If the proposed right-of-way is within the wetland area, the plat shall be modified to move the proposed right-of-way to the west. 2. The following waivers are granted through the Planned Unit Development District Review Process: • A. Lot size less than 10 acres for proposed Lot 1, Block 1 to 6.11 acres and proposed Lot 2, Block 2 to 9.84 acres. B. Front yard setback waiver from 50 to 18 feet for the existing structure and from 50 to 23 feet for the accessory structure. 3. Prior to release of the final plat the proponent shall submit for review and approval: A. A construction and shared maintenance agreement for use of a private driveway within the City right-of-way which covers the property owned by Alex Dorenkemper, Dick Vogel, and proposed Lots 1 and 2, Block 2. This agreement must be recorded for each lot at Hennepin County. 5 C 1 STAFF REPORT TO: Planning Commission • FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: May 8, 1992 SUBJECT: Dorenkemper Estates LOCATION: South of Pioneer Trail, west of Riley Creek APPLICANT/ FEE OWNER: Alex Dorenkemper REQUEST: 1. Plan Unit Development Concept Review on 46 acres. 2. Plan Unit Development District Review on 46 acres with waivers lot size, and building setback in the rural zoning district. 3. Preliminary Plat of 46 acres into 4 lots, 1 outlot and road right-of- way. ._- n�w ouRr RaAD la"e%AY LANE 1111 I • o- 119.0RESSEN CIRCLE • W 1:. LAKE A. o VAL ¢ `VAi-LEY R0 ),4 I RILEY 77-77 9400 111 i—lkt.r P' i OS( 2 �, ••••• ■f••■ 6, • ••'AIO lld / • • �f' T�� r • ■•• • • t • • • 7u4 • . • I 9800 , lwi-tNQ , 1, s.: W Z [,.- .5 Tr... TVRNBl1LL RDi Ij .• 11.1 OR 1 10200 - 1 1:. R D 21 � - _ - - CLOSED c C Staff Report • Dorenkemper Estates May 8, 1992 BACKGROUND This site is currently guided low density residential for up to 2 1/2 units per acre with sanitary sewer and water. This site is currently zoned Rural which has a minimum lot size of 10 acres. This site is located outside of the MUSA line and sewer and water will not be available to this area until after the year 2000. PUD CONCEPT AND WAIVERS FOR LOT SIZE AND BUILDING SETBACKS This project is a Rural Planned Unit Development (PUD). Waivers from the requirements of rural zoning district for lot size less than 10 acres, and building setbacks less than 50 feet are requested. Proposed lots 1 & 2, Block 1, meet the minimum 10 acre lot size and 300 feet street frontage requirement. Proposed lots 1 & 2, Block 2, meet the minimum street frontage requirement of 300 feet, however the lot sizes are less than 10 acres. Proposed lot 1 is 6.11 acres, and proposed lot 2 is 9.84 acres. The following are reasons for considering lot size waivers: 1. The total project area is 46.04 acres. The density is equivalent to 1 unit for every 11.51 acres. 2. The average lot size is 9.8 acres. 3. A 60 foot public road right-of-way will be dedicated to the City. Additional right-of-way will be dedicated to the County. 4. Outlot A (4 acres) will be set aside for purchase by the Park & Recreation Department. 5. The plan could be subdivided to meet City code requirements, however, the City would not benefit from a road right-of-way for future land development and park property. Hennepin County's standard right-of-way width for roads is 100 ft. From the center line of the roadway, the County would require a total of 50 feet towards the Dorenkemper property. Additional right-of-way means an 18 foot front yard setback to the house and a 23 foot setback to the accessory structure. Due to the dedication of road right-of-way to the County, the waivers for front yard setback are reasonable. • 2 Staff Report Dorenkemper Estates • May 8, 1992 An existing accessory building is located within the proposed street right-of-way to be dedicated to the City. This building should be moved and meet the required 50 foot setback. PROPOSED NORTH-SOUTH COLLECTOR ROAD Access to the properties to the South was discussed at the Planning Commission in 1988 with the original request by Alex Dorenkemper. Attachment A (taken from the 1988 Staff Report) indicates 6 possible ways of providing access to the Vogel and the Peterson property. Each of these alternatives suggest a minor collector road alignment through a low area in the southeast corner. According to the U.S. Fish and Wildlife National Wetland's Inventory, this low area in the southeast portion of the property is designated as a wetland area. Therefore, alternatives 2, 4, and 6 are not possible unless Mr. Dorenkemper would create a wetland area replacement for the wetland area to be filled. Since this is a 46 acre subdivision, there is adequate room to plan a road alignment without encroachment into the wetland area. The right-of-way is along the edge of the wetland area. Prior to review with the City Council, the landowner should work with the Lower Minnesota River Watershed District to delineate the edge of the wetland area and if necessary, shift the road alignment slightly towards the west to avoid the wetland area. • Alternatives 3 and 5 are not possible since previously Mr. Peterson and Mr. Dorenkemper could not work out a land trade. Also, alternative 3 would leave a 1 acre lot remnant on the Dorenkemper piece and further reduce the size of proposed lot 2, block 2 and require additional waivers. Alternative 1 provides a direct access to the Vogel property. This is a 20 acre parcel of land. When Mr. Vogel subdivides in the future, road right-of-way would be dedicated providing access to the Peterson piece. Access to the Peterson piece could also occur across lot 2, block 2 in the future. Although the right-of-way for the public road is being dedicated at this time, the City does not have plans to build or maintain a public road. The property owners, Mr. Vogel and Mr. Dorenkemper also are not petitioning for road improvement. The road could be improved to City standards when sewer and water is available. Mr. Dorenkemper and Mr. Vogel wish to use the right-of-way as a private driveway. The driveway would allow Mr. Vogel to get a building permit. Although the Vogel lot does not have a street frontage, it was a lot that was created prior to 1982. Prior to 1982 the city code did not have a requirement for street frontage. 3 • c Staff Report • Dorenkemper Estates May 8, 1992 Mr. Vogel and Mr. Dorenkemper must enter into an agreement with the City that indicates responsibility for the building and maintenance of the private driveway. SHORELAND ORDINANCE This project abuts Riley Creek, which is classified as a General Water Development. Provisions of the shoreland ordinance apply to this subdivision. The minimum lot size for lots abutting a creek area without sewer and water is 5 acres. This project meets the minimum requirements of the shoreland ordinance for lots without sewer and water. WETLANDS There are 3 existing wetlands on the property. One in the southeast corner and 2 manmade wetlands near County Road One. Drainage easements should be provided over the wetland areas and recorded as part of the final plat. ACCESS TO COUNTY ROAD 1 • The County has reviewed the proposed subdivision with regards to access points on the County Road 1. The County has indicated that Lot 1 could have driveway access anywhere along the north property line and Lot 2 could maintain the existing driveway access. Lots 1 and 2, Block 2 could have access off of the proposed street right-of-way in the future. In the event that building permits are requested for lots 1 and 2 prior to the roadway being constructed, these property owners must enter into a shared maintenance agreement with Alex Dorenkemper and Mr. Vogel. PARK REQUIREMENTS The Director of Parks, Recreation and Natural Resources has reviewed this project and is recommending acquiring approximately 4 acres of land adjacent to Riley Creek (Outlot A). STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the Planned Unit Development Concept on 46 acres, Planned Unit Development District Review with waivers for lot size and building setback in the Rural Zoning District and Preliminary Plat of 46 acres into 4 lots, 1 outlot in road right-of-way based on plans dated May 8, 1992 and subject to the recommendations of the Staff Report dated May 8, 1992 and subject to the following conditions: • • 4 rt ��`r' C C Staff Report Dorenkemper Estates • May 8, 1992 1. Prior to City Council review, the proponent shall submit for review and approval A. A revised preliminary plat which delineates the edge of the wetland area in the southeast corner of the property as determined by the Lower Minnesota River Watershed District. If the proposed right-of-way is within the wetland area, the plat shall be modified to move the proposed right-of-way to the west. 2. The following waivers are granted through the Planned Unit Development District Review Process: A. Lot size less than 10 acres for proposed Lot 1, Block 1 to 6.11 acres and proposed Lot 2, Block 2 to 9.84 acres. B. Front yard setback waiver from 50 to 18 feet for the existing structure and from 50 to 23 feet for the accessory structure. 3. Prior to release of the final plat the proponent shall submit for review and approval: A. A construction and shared maintenance agreement for use of a private driveway • within the City right-of-way which covers the property owned by Alex Dorenkemper, Dick Vogel, and proposed Lots 1 and 2, Block 2. This agreement must be recorded for each lot at Hennepin County. • ,.,:17.4N. Vcq's,..it . ce° ill( As 1_,, \v ,.., ( ,,,.. fill7'„,-24`/ak„ 1-7. . ' -f'. . A. ''"- ..,..•‘=+,....,‘-.4"—\. , "(010:00 \T-_,...:::.::,. ''''' .. c:i ''',........,., 0,„,,I., r.f.-.>011 ., -. 'P. sf4X)::„ .,,,,./.. , ..: ledffis„ ..40, AN if.,4c,.. .o jilt � • ramr�,, ..� c-.'�� 1.2-7,---N )))34. t T, . ) )4....0,, Jr 7: ) 4 '441\kc dli/1.) . 'Ole 7.%.,. . // . le i ,... 1 • ), r";1,1010r1 . Mit 111 4 i k\. ' '1,,,I /• , ..., ..,-.41h".': -) 8 DORENKEMPER 1j'' , ' :�W\ i'iif/ `�I :' DORENKEMPER L l� v' 41- _ .1-'''No. r — � PETERSON ____t_ypyi 1 \ PETERSON ash"-`� i �7i� U nay 111 VOGEL 4 1 VOGEL 4 • ,•-,N 3;4 k te`' u( ` ` P"Ill4,40: '`' - a • 4� , :.': i.---.- * _ _A, - -, - , �•c� �1 - r � .„,a 4 C t\ //j. Te'' � •041,A.., \\ / th �. f ! OOREN�K�EMPE� i•` :� `! (7 ��;' DORENK�EMPER /` $.11b, I4'1r//(_ / : . '�^\ �,,;, y`�trade land ��ee _.11, a /�. Ay, t PETERSON �,• �� ^ "" PETERSON • --- .Qi\ ., I. - --- Zi1 .J n' ? VOGEL 2 VOGEL ©nu 5 ,,r.)r- --.'.. - - •-- .. , Tg;-- Ito 7 • tr,.., f_, ,1-"1 -‘,,, .......,\N 1.(,,, ri;: !'_1!. f'' ',;.. .., _,.., ! _,...,, ,c'''>\ ,,;7-1-e4t-'i.,t0,-- . • , . `• `'"� !� �� / y 1\g- :..- , � .1,0101 4\'C'i'll) //it ji 1 c _ - 7 leg kINI /API . \ ,\8\ , ? J,. i /// .'Y OORENK^EMPE\ l : pr_ f7 / / DORENKEMPER.)3,,,-:;.:, ,1 i„,4; I 4.l(/• ^ 6 ' 0 t ' \1 acre t ro • � ,. N ;i / PETERSO , .`/ w ^ _ ® PETERSON r VOGEL a a IIVOGEL 6 • • 1 ;,,\ attachment A MEMORANDUM • TO: Mayor and City Council • Parks, Recreation and Natural Resources Commission THROUGH: Robert A. Lambert, Director of Parks, Recreation and Natural Resources FROM: Barbara Penning Cross, Landscape Architect e.- DATE: June 11, 1992 SUBJECT: Supplemental Staff Report to Planning Staff Report Dated May 8, for Dorenkemper Estates Outlot A is a wooded slope that runs along Riley Creek. It has been identified as a future trail corridor along Riley Creek and will be constructed as the area develops. Outlot A has been set aside for preservation by the developer. City staff is recommending that Outlot A be appraised and the City purchase the property, rather than accepting this outlot in lieu of cash park fees. The City will be collecting a much larger cash park fee in the future when the area develops to its capacity at 2' units per acres. Once this property is appraised and the purchase offer worked out, money for acquisition will come from cash park fees. • BPC:mdd estates/barb • • It VAC 92-04 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 92-140 VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS ON LOTS 6 AND 7, BLOCK 1, WELTERS PURGATORY ACRES 6TH ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utility easements described therein as follows: That part of the southerly 5.00 feet of Lot 6, Block 1, Welters Purgatory Acres 6th Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lies southwesterly of a line bearing North 33 degrees 14 minutes 06 seconds West from a point on the south line of said Lot 6 distant 175.00 feet northeasterly of the southwest corner thereof. That part of the northerly 5.00 feet of Lot 7, Block 1, Welters. Purgatory Acres 6th Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lies southwesterly of a line bearing South 33 degrees 14 minutes 06 seconds East from a point on the north line of said Lot 7 distant 175.00 feet northeasterly of the northwest corner thereof. WHEREAS, a public hearing was held on June 16, 1992 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance . with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on June 16, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL 4111 • John D. 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O°/Si ///IGc/ f hy1V JUNE 16,1992 24972 MINNEGASCO SERVICE 6159.64 24973 U S WEST CELLULAR SERVICE 335.31 074 CITY OF RICHFIELD -WOODLAKE NATURE CENTER-SPECIAL TRIPS & 11.50 EVENTS PROGRAM/FEES PAID 24975 GOVERNING SUBSCRIPTION-ADMINSTRATION DEPT 9.00 24976 PRAEGER PUBLISHERS BOOK-PLANNING DEPT 42.95 24977 MN BOARD OF PEACE OFFICER POST LICENSE RENEWAL FEES-POLICE DEPT 345.00 24978 L MCI T 1ST QTR 92 WORKERS COMPENSATION PREMIUM 65349.75 24979 JASON NORTHCO PROP JUNE 92 RENT-LIQUOR STORE 7272.83 24980 BIRTCHER WELSH CO JUNE 92 RENT-CITY HALL 22049.46 24981 PSQ BUSINESS COMMUNICATIONS INC TELEPHONE REPAIR-FIRE STATION 142.50 24982 JULIE AASGAARD REFUND-PRESCHOOL PLAYGROUND 46.00 24983 • JULIE ABRAHAM REFUND-SWIMMING LESSONS 19.00 24984 LEONA AUSHAM REFUND-CHURCH HISTORY TOUR-SENIOR PROGRAMS 25.00 24985 JOY BREKKE REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 24986 CYNDY CLAUSSEN REFUND-WOMENS RACQUETBALL LEAGUE 5.00 24987 JULIE DURDA REFUND-SWIMMING LESSONS 19.00 24988 OPAL ELVERCROG REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 24989 ELIZABETH FALLS -REFUND-TAYLORS FALLS ROCK CLIMBING- 38.00 OUTDOOR CENTER PROGRAM 24990 ADAIR FLAHERTY REFUND-SWIMMING LESSONS 19.00 24991 VERNETTE FOX REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 24992 DEBBIE FUSSY REFUND-GOLF LESSONS 39.00 24993 PAMELA GOON REFUND-WOMENS RACQUETBALL LEAGUE 5.00 24994 CANDICE JAGER -REFUND-TAYLORS FALLS ROCK CLIMBING- 38.00 OUTDOOR CENTER PROGRAAM 24995 VIOLET LAPPIN REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 24996 LOIS LIEN REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 7 JANE LORENSEN REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 8 ESTHER MARQUARDT REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 24999 HAROLD MARQUARDT REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 25000 DEBRA MARTELL REFUND-SUMMER SPORTS CAMP 55.00 25001 BARBARA MATTHEWS REFUND-WOMENS RACQUETBALL LEAGUE 5.00 25002 KATHLYN NICHOLSON -REFUND-FARIBAULT & MEDFORD TRIP-ADULT 7.00 PROGRAMS 25003 GRACE OLSON REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 25004 BETH REINERS REFUND-MEMBERSHIP FEE 92.10 25005 EDNA WALKER REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 25.00 25006 KENNETH LINDEMAN EASEMENT-CEDAR RIDGE ROAD 4130.00 25007 NORTHERN STATES POWER CO SERVICE-UNDERGROUD WIRING-ROWLAND ROAD ARE 914.00 25008 VOID OUT CHECK 0.00 25009 NORTHERN STATES POWER CO SERVICE 23500.77 25010 U S WEST COMMUNICATIONS SERVICE 1271.04 25011 HALA HABASHY REFUND-TENNIS LESSONS 17.00 25012 -.DEBORAH HANSON REFUND-GYMNASTICS LESSONS 18.00 25013 JOHN HUSMOE REFUND-TENNIS LESSONS 14.40 25014 TRACY ISAACSON REFUND-AFTERNOON PLAYGROUND PROGRAM 30.00 25015 PATRICIA LUNDBERG REFUND-SWIMMING LESSONS 24.00 25016 COOKIES BY DEB EXPENSES-CITY COUNCIL 11.18 25017 GRIGGS COOPER & CO INC LIQUOR 6637.57 25018 JOHNSON BROTHERS LIQUOR CO LIQUOR 6036.87 25019 ED PHILLIPS & SONS CO LIQUOR 2262.27 25020 PRIOR WINE CO WINE 2575.34 iilir QUALITY WINE &SPIRITS CO LIQUOR 2373.31 LEAGUE OF MN CITIES CONFERENCE-HUMAN RESOURCES 92.00 15228779 :: t . JUNE 16.1992 25023 CLEAN SWEEP INC 1992 CITY STREET SWEEPING 9371.63 25024 IDID OUT CHEF 0.00 25025 ELYCE KASTIGAR MILEAGE-AQUATICS & FITNESS SUPERVISOR 25026 SAFWAY STEEL PRODUCTS 3 COMPLETE SCAFFOLDING UNITSD-WATER DEPT 2ilk 25027 SIGNS-R-US INC STREET NAME SIGNS-STREET DEPT 176.80 25028 SPECIALTY CONTRACTING INC -REPLACED LIME SLUDGE DRAIN VALVES/ASPHALT 11989.45 -& TURF RESTORATION/PVC STORM SEWER REPAIRED-UTILITIES DIVISION 25029 BETH GERSTEIN TIMM EXCERCISE INSTRUCTOR/FEES PD-SENIOR CENTER 140.00 25030 TURF SUPPLY COMPANY FERTILIZER-PARK MAINTENANCE 4509.80 25031 SUSAN BANDEL EXPENSES-RECREATION MANAGER 78_38 25032 SUPPLEES 7 HI ENTER INC JUNE 92 RENT-LIQUOR STORE 4832.90 25033 KATHY BONETTO REFUND-PRESCHOOL PLAYGROUND 23.00 25034 DEBORAH HARLEY REFUND-TENNIS LESSONS/PRESCHOOL PLAYGROUND 44.00 25035 BARBARA HOVELAND REFUND-SWIMMING LESSONS 38.00 25036 JEFFREY RUSSELL REFUND-ADULT GOLF LESSONS 33.00 25037 KATHY WEBER REFUND-JR GOLF LESSONS 19.00 25038 OPTIMIST CLUB OF EDEN PRAIRIE OPTIMIST SOFTBALL TOURNAMENT-YOUTH REC 4086.00 25039 PETTY CASH EXPENSES-AFTERSCHOOL CONNECTION PROGRAM 50.00 25040 SYMPHO KNOLLS -ENTERTAINMENT EDEN PRAIRIE STYLE PROGRAM- 976.47 HISTORICAL & CULTURAL COMMISSION 25041 STATE OF MN-DEPT OF COMMERCE UNCLAIMED PROPERTY 427.50 25042 JIM W DEHN MODIFY JOHN DEERE TRACTOR-STREET DEPT 700.00 25043 FEDERAL RESERVE BANK PAYROLL 5-29-92 300.00 25044 FIRST BANK EDEN PRAIRIE PAYROLL 5-29-92 79092.95 25045 GREAT WEST LIFE ASSURANCE CO PAYROLL 5-29-92 10634.00 25046 HENN CTY SUPPORT & COLLECTION SER PAYROLL 5-29-92 225.69 25047 ICMA RETIREMENT TRUST-457 PAYROLL 5-29-92 251 76 25048 INTERNAL REVENUE SERVICE PAYROLL 5-29-92 7 25049 MEDCENTERS HEALTH PLAN INC JUNE 92 HEALTH INSURANCE 187 .35 25050 MEDICA CHOICE JUNE 92 HEALTH INSURANCE 41245.00 25051 VOID OUT CHECK 0.00 25052 MN TEAMSTERS CREDIT UNION PAYROLL 5-29-92 25.00 25053 EXECUTIVE DIRECTOR-PERA PAYROLL 5-29-92 34996.70 25054 UNITED WAY PAYROLL 5-29-92 164.50 25055 MN STATE RETIREMENT SYSTEM PAYROLL 5-29-92 50.00 25056 MINNESOTA STATE TREASURER -WATER SUPPLY SYSTEM OPERATOR RENEWAL 15.00 APPLICATION FEE-WATER DEPT 25057 EAGLE WINE CO WINE 773.34 25058 GRIGGS COOPER & CO INC LIQUOR 4961.88 25059 JOHNSON BROTHERS LIQUOR CO LIQUOR 10460.95 25060 PAUSTIS & SONS CO WINE 345.00 25061 ED PHILLIPS & SONS CO LIQUOR 3342.80 25062 PRIOR WINE CO WINE 1469.23 25063_ QUALITY WINE & SPIRITS CO LIQUOR 2911.76 25064 MUTUAL BENEFIT LIFE JUNE 92 DISABILITY INSURANCE PREMIUM 3105.15 25065 GUARANTEE MUTUAL LIFE COMPANY JUNE 92 LIFE INSURANCE PREMIUM 2702.77 25066 ALL AMERICAN BOTTLING CORP MIX 80.44 25067 BEER WHOLESALERS INC BEER 3713.20 25068 DAY DISTRIBUTING COMPANY BEER 13705.55 25069 EAST SIDE BEVERAGE CO BEER 40873.75 25070 KIRSCH DISTRIBUTING CO. BEER 351.40 25071 MARK VII DISTRIBUTING COMPANY BEER 18924.30 25072 MIDWEST COCA COLA BOTTLING CO MIX L 25073 PEPSI COLA COMPANY MIX AI 33768832 1 JUNE 16,1992 25074 POGREBA DISTRIBUTING INC BEER 948.10 25075 THORPE DISTRIBUTING COMPANY BEER 37400.50 S076 CAROL BALK REFUND-SWIMMING LESSONS 19.00 11111E077 JUDY BURTON REFUND-AFTERNOON PLAYGROUND PROGRAM 15.00 25078 PATRICIA CAMPBELL -REFUND-TREKKERS CANOE TRIP-OUTDOOR CENTER 65.00 PROGRAM 25079 SALLY GINN REFUND-T BALL LEAGUE 15.00 25080 LISA HENNEN REFUND-GOLF LESSONS ' 33.00 25081 CATHY JUNKINS -REFUND-TREKKERS CANOE TRIP-OUTDOOR CENTER 65.00 PROGRAM 25082 DEBORAH LARSON REFUND-T-BALL LEAGUE 15.00 25083 TERRY SHARRATT REFUND-SWIMMING LESSONS 38.00 25084 JIM SNYDER REFUND-GOLF LESSONS 72.00 25085 ED STEINBRUECK REFUND-SWIMMING LESSONS 19.00 25086 MINNESOTAS BOOKSTORE -CRIMINAL CODE/SELECTED STATUTES & 392.99 TRAFFIC CODE BOOKS-POLICE DEPT 25087 EMMETT STARK -ENTERTAINMENT-STARING LK CONCERT SERIES- 40.00 HISTORICAL & CULTURAL COMMISSION 25088 JUST FRIENDS BIG BAND -ENTERTAINMENT-STARING LK CONCERT SERIES- 100.00 HISTORICAL & CULTURAL COMMISSION 25089 INVER HILLS COMMUNITY COLLEGE -ENTERTAINMENT-STARING LK CONCERT SERIES- 100.00 HISTORICAL & CULTURAL COMMISSION 25090 GARTH OLSON -ENTERTAINMENT-STARING LK CONCERT SERIES- 500.00 HISTORICAL & CULTURAL COMMISSION 25091 THE STAN BANN BIG BAND -ENTERTAINMENT-STARING LK CONCERT SERIES- 100.00 HISTORICAL & CULTURAL COMMISSION 25092 EMMETT STARK -ENTERTAINMENT-STARING LK CONCERT SERIES- 40.00 HISTORICAL & CULTURAL COMMISSION 093 ICMA BOOK-RECREATION ADMINISTRATION 59.50 5094 SOUTH SIDE BIG BAND -ENTERTAINMENT-STARING LK CONCERT SERIES- 100.00 HISTORICAL & CULTURAL COMMISSION 25095 DAN CARLSON SCHOOL EXPENSES-POLICE DEPT 500.00 25096 NORTHWESTERN UNIVERSITY CONFERENCE-POLICE DEPT 380.00 25097 RAMADA INN-ROCHESTER CONFERENCE-POLICE DEPT 149.19 25098 MN RECREATION & PARK ASSN REGISTRATION-SOFTBALL LEAGUE STATE BERTHS 4000.00 25099 NANCY COUNTERS REFUND-LIFEGUARD TRAINING CLASS 67.00 25100 MARGARET WAGNER REFUND-PRESCHOOL PLAYGROUND PROGRAM - 23.00 25101 DELEGARD TOOL CO -HOSES/DRILL BITS/CABLE TIES/RECHARGEABLE 314.38 LIGHTS-EQUIPMENT MAINT/WATER DEPT 25102 FEIST BLANCHARD CO -BEARINGS/OIL SEALS/FLASHERS/DISC PADS/ 344.89 -WHEEL CYLINDERS/BRAKE SHOES/BELTS/LAMPS! -POWER STEERING PUMP/PINION RACK/LEADS- EQUIPMENT MAINTENANCE 25103 GENUINE PARTS COMPANY -WHEEL CYLINDER/HARDENER/CONNECTIONS/HOSE 2574.87 -ENDS/FILTERS/U-BOLTS/MIRRORS/BEARINGS/ -SPARK PLUGS/GASKETS/RELAY/COUPLERS/GREASE -CAP/TERMINALS/RADIATOR HOSES/CLAMPS/PUMP/ -CALIPERS/ROTOR/POINTS/FREON/BRUSHES/SEAT -COVERS/RATCHET/GREASE GUN/PLIERS/TRAILER -BALL/FUNNEL/CLEANING SUPPLIES/SPOTLIGHT/ -SHIELD/GUN RACK-FIRE DEPT/PARK MAINT/ EQUIPMENT MAINT/UTILITIES DIVISION 25104 PETTY CASH -CHANGE FUND-PRAIRIE VIEW PLAYGROUND/ 350.0C 4111 -FOREST HILLS PLAYGROUND/STARING LK -PLAYGROUND/NESBITT PK PLAYGROUND/HOMEWARD -HILLS PLAYGROUND/EDEN LAKE PLAYGROUND/ 4884042 143q0 1-3/1` AFTERNOON PLAYGROUND 25105 RICHARD KNUTSON INC -SERVICE-STARING LN & SUNRISE CIRCLE 54990.03 STREET & UTILITY IMPROVEMENTS 25106 RICHARD KNUTSON INC -SERVICE-BLUFFS W 9TH/BLUFFS E 8TH/ 21365 02 BLUESTEM RIDGE/HAWK HIGH RIDGE 25107 RICHARD KNUTSON INC SERVICE-CEDAR RIDGE ESTATES 2ND ADDITION 2111118 25108 S M HENTGES & SONS INC SERVICE-ROWLAND RD & OLD SHADY OAK RD 209416.33 25109 A TO Z RENTAL CENTER -SOD CUTTER RENTAL/HELIUM TANKS/TABLES/ 2159.11 -TRAILER-EQUIPMENT MAINT/HUMAN RESOURCES DEPT/UTILITIES DIVISION 25110 ACCIDENT RECONSTRUCTION JOURNAL SUBSCRIPTION-POLICE DEPT 96.00 25111 ACTION THREADED PRODUCTS WASHER & NUTS-UTILITIES DIVISION 58.27 25112 ALAN SIGNS SIGNS-PARK MAINTENANCE 179.50 25113 MASOOD ALI SCHOOL-ENGINEERING DEPT 64.00 25114 AMERICAN LINEN SUPPLY CO -UNIFORMS-BLDG INSPECTIONS DEPT/FACILITIES 1554.53 -DEPT/STREET MAINT/PARK MAINT/EQUIPMENT -MAINT/COMMUNITY CENTER/LIQUOR STORE/ UTILTIES DIVISION 25115 AMERICAN WATER WORKS ASSOC VIDEO-UTILITIES DIVISION 73.75 25116 AMEX TIRE INC TIRE DISPOSAL-EQUIPMENT MAINTENANCE 178.00 25117 EARL F ANDERSEN & ASSOC INC STREET SIGNS-STREET MAINTENANCE 812.88 25118 ANDERSONS GARDEN EXPENSES-FIRE DEPT 26.85 25119 APTUS HAZARDOUS WASTE TESTING-COMMUNITY CENTER 395.66 25120 AQUA ENGINEERING INC -COUPLINGS/BUSHINGS/IRRIGATION REPAIRS- 510.64 PARK MAINTENANCE. 25121 ARTSIGN MATERIALS CO TAPE/PAPER/FOLDERS-PARK PLANNING DEPT 76.15 25122 ASSN OF METROPOLITAN MUNICIPALITI EXPENSES-ADMINISTRATION DEPT 25.00 25123 B & S TOOLS -DRILL SET/SOCKETS/SAW/SCREWDRIVERS/PLIERS! 1342.95 -PUNCH/OILER/CHISEL/HAMMER/AIR GAUGE/FILE/ -WRENCHES/BRUSHES/BAR/RATCHET-EQUIPMENT MAINT/UTILITIES DIVISION 25124 BACONS ELECTRIC CO -REPAIR AIR DRYER/REPAIR WELL UNIT HEATER/ 174 . 2 GENERATOR REPAIR-UTILITIES DIVISION 25125 BAN-KOE SYSTEMS INC OFFICE SUPPLIES-POLICE DEPT 49.58 25126 BAREFOOT GRASS LAWN SERVICE LAWN SERVICE-FACILITIES DEPT 492.50 25127 PATRICIA BARKER EXPENSES-HUMAN RESOURCES DEPT 24.50 25128 BATTERY & TIRE WAREHOUSE INC -SIGNALS/WINDSHIELD SOLVENT/HOSE CLAMPS/ 614.31 BEARINGS/TIRES-EQUIPMENT MAINT 25129 BAUER BUILT TIRE & SVC TIRE-EQUIPMENT MAINTENANCE 78.65 25130 ANNETTE BEACH MILEAGE-POLICE DEPT 13.80 25131 BEACON SPORTS PRODUCTS INC IMPACT BASES-PARK MAINTENANCE 886.59 25132 ANITA BECHTEL -BATON INSTRUCTOR-AFTERSCHOOL CONNECTION 130.00 PROGRAM/FEES PAID 25133 DENISE BECK SWIMMING INSTRUCTOR/FEES PAID 90.00 25134 BEIJING TWO CHINESE RESTAURANT EXPENSES-POLICE DEPT 41.10 25135 BERGIN AUTO BODY INC ZAMBONI REPAIRS-COMMUNITY CENTER 198.00 25136 DAVID BLACK MILEAGE-COMMUNITY CENTER 18.75 25137 BOYD HOUSER CANDY & TOBACCO CO EXPENSES-COMMUNITY CENTER 135.90 25138 BOYD OIL DISTRIBUTING LUBRICANTS-EQUIPMENT MAINTENANCE 249.15 25139 BRISSMAN KENNEDY INC VACUUM CLEANER REPAIRS-FACILITIES DEPT 44.45 25140 MAXINE BRUECK MILEAGE/EXPENSES-FINANCE DEPT 189.42 25141 BRYAN ROCK PRODUCTS INC ROCK-STREET MAINTENANCE 157.26 25142 WES BRYAN SOFTBALL OFFICIAL/FEES PAID 308.75 25143 BUCKINGHAM DISPOSAL INC WASTE DISPOSAL-LIQUOR STORES 120.07 :30103545 410 i��° J it J JUNE 16,1992 25144 BCA/TRAINING & DEVELOPMENT CONFERENCE-POLICE DEPT 240.00 25145 IAN CALDON GOLF INSTRUCTOR/FEES PAID 361.20 46 CARLSON & CARLSON ASSOC -APRIL 92 EMPLOYEE ASSISTANCE-HUMANAiii 850.00 RESOURCES DEPT 147 CARLSON REFRIGERATION CO INC -AIR CONDITIONER RAIN SHIELD/SENSING RELAY- 33.26 LIQUOR STORE 25148 CARSONITE INTL CORP RODS-UTILTIES DIVISION 135.63 25149 CENTEX HOMES REFUND-OVERPAYMENT BUILDING PERMIT 3169.50 25150 BILL CLARK OIL CO INC LUBRICANT-WATER DEPT 233.10 25151 VOID OUT CHECK 0.00 25152 CENTRAIRE INC -MOTOR WIRE CONNECTIONS REPAIRED-POLICE 97.65 -BLDG/FLAME SENSOR & GROUND WIRE REPLACED- SENIOR CENTER 25153 CLEAN SWEEP INC SERVICE-1992 CITY STREET SWEEPING 7805.03 25154 CLEMENT COMMUNICATIONS INC SAFETY POSTERS-STREET MAINTENANCE 127.27 25155 COLORPROOF PRINTING INC PRINTING-PARK BROCHURE-PARK PLANNING DEPT 2098.20 25156 CONTINENTAL SAFETY EQUIP INC BUG & SUN LOTION-WATER DEPT 115.48 25157 COPIER ALTERNATIVES COPIER MAINTENANCE AGREEMENT-CITY HALL 197.14 25158 COPIERS NOW POSTERS-SENIOR AWARENESS PROGRAM 48.00 25159 CURTIS INDUSTRIES INC DRILL BITS/KEYS-EQUIPMENT MAINTENANCE 130.64 25160 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 8383.54 25161 DALCO -CLEANING SUPPLIES-FACILITIES DEPT/WATER 837.52 DEPT/COMMUNITY CENTER 25162 DAVIES WATER EQUIPMENT CO -HYDRANT & CURB BOX REPAIR PARTS-WATER 2042.69 DEPT 25163 CRAIG W DAWSON MILEAGE/EXPENSES-ADMINISTRATION DEPT 47.15 25164 DECORATIVE DESIGNS JUNE 92 SERVICE-CITY HALL 49.50 25165 BRIAN J DEVRIES FIRE CALLS 192.00 Alli66 DONS SOD SERVICE SOD-STREET MAINTENANCE 220.08 67 DPC INDUSTRIES INC CHEMICALS-WATER DEPT 1250.45 25168 DRISKILLS SUPER VALU _ -EXPENSES-CENTER CARE PROGRAM/ROUND LK 44.30 CONCESSION/SPORTS CAMP 25169 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT 56.16 25170 DRISKILLS SUPER VALU -EXPENSES-CITY HALL/ROUND LK CONCESSION/ 173.61 SENIOR CENTER/OUTDOOR CENTER/WATER DEPT 25171 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 26.99 25172 DUSTCOATING INC MAGNESIUM CHLORIDE-DUST CONTROL-STREET DEPT 10880.00 25173 DYNA SYSTEMS DRILL BITS/WASHERS-WATER DEPT 581.65 25174 EASTMAN KODAK COMPANY APRIL 92 MAINTENANCE AGREEMENT-CITY HALL 703.12 25175 ECON INSULATION INC PAINT-WATER DEPT 225.00 25176 EDEN PRAIRIE CHAMBER OF COMMERCE -EXPENSES-CITY COUNCIL/CITY HALL/PRINTING- 210.60 -LABELS-HISTORICAL & CULTURAL COMMISSION/ JULY 4TH CELEBRATION 25177 EDEN PRAIRIE FIRE DEPT EXPENSES-CITY COUNCIL 49.00 25178- E P PHOTO FILM PROCESSING/PRINTS-POLICE DEPT 14.20 25179 EDEN PRAIRIE SCHOOL DIST 272 -BUS SERVICE-SPECIAL TRIPS & EVENTS 525.65 -PROGRAM/GYM RENTAL-HISTORICAL & CULTURAL COMMISSION 25180 EDEN PRAIRIE TIRE & AUTO SERVICE -WHEEL ALIGNMENTS/TIRES BALANCED/TIRES- 2185.75 EQUIPMENT MAINTENANCE 25131 EDINA SW PLUMBING WATER HEATER & INSTALLATION-FIRE DEPT 935.00 25182 DEB EDLUND MINUTES-PLANNING COMMISSION 250.00 25183 EDEN PRAIRIE LIL RED GROCERY EXPENSES-POLICE DEPT 31.40 El 184 ELECTRICAL MECHANICAL SVCS INC -REMOVED/INSTALLED & REPAIRED SPECIAL 1980.98 -EURODRIVE VARY SPEED UNIT FOR TURBINE- WATER DEPT 4753844 I`IOJ} 25185 ELK RIVER CONCRETE PRODUCTS MANHOLE BLOCK-SEWER DEPT 122.89 25186 JEFFREY ELWELL MILEAGE-COMMUNITY CENTER 16.00 25187 EMERGENCY APPARATUS MAINT INC RELIEF VALVE REPAIR-FIRE DEPT 226.63 25188 EMPRO CORPORATION -CAR WASH GUNS & SPRAY PUMP REPAIR-FIRE 450.35 STATIONS 25189 EPR INC WASTE DISPOSAL-PARK MAINTENANCE 34 25190 ESS BROTHERS & SONS INC CATCH BASINS/MANHOLE CASTINGS-SEWER DEPT 2020.00 25191 FAIRVIEW BLOOD TESTS-POLICE DEPT 63.40 25192 FEED RITE CONTROLS INC CHLORINE/FERRIC SULFATE-WATER DEPT 5443.63 25193 FIDELITY PRODUCTS CO -FILES/COMPACT CUTTER/ROLLER CUTTER-PARK 123.58 PLANNING DEPT 25194 FINLEY BROS ENTERPRISES NET POST RATCHETS-PARK MAINTENANCE 210.00 25195 FIRST CHOICE VENDING COFFEE FILTERS-CITY HALL 59.75 25196 FLAGHOUSE INC -TOYS/GAMES-AFTERNOON PLAYGROUND PROGRAM/ 1037.08 -PRESCHOOL PLAYGROUND PROGRAM/SPORTS CAMP PROGRAM 25197 FLOYD SECURITY -SECURITY SYSTEM MAINTENANCE AGREEMENT- 137.23 CUMMINS GRILL HOMESTEAD 25198 FOCUS ONE HOUR PHOTO -FILM/FILM PROCESSING-HUMAN RESOURCES DEPT/ 78.28 SAFETY DEPT/ASSESSING DEPT 25199 JAMES FRANZEN CASSETTE TAPES-POLICE DEPT 21.28 25200 LYNDELL F FREY MILEAGE-PROGRAM SUPERVISOR 97.88 25201 R E FRITZ BEVERAGE-FIRE DEPT 411.90 25202 G & K SERVICES -TOWELS-PARK MAINT/COVERALLS & TOWELS- 573.86 WATER DEPT 25203 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 1696.00 25204 LISA GANNON GOLF INSTRUCTOR/FEES PAID 238.00 25205 ROBERT GARTNER CONFERENCE EXPENSES-SENIOR PROGRAM 20.15 25206 FREDERICK J GELLE REFUND-BUILDING PERMIT DEPOSIT 15.00 25207 BONNIE L GENIN REFUND-OVERPAYMENT UTILITIY BILLING 19 08 25208 GINA MARIAS INC EPENSES-POLICE DEPT 25209 GOODWILL INDUSTRIES INC MAY 92 SERVICE-SOLID WASTE MANAGEMENT aier 25210 W W GRAINGER INC -ROPES/EYEWEAR/MATS/FASTENERS-PARK MAINT/ 411.05 -EQUIPMENT MAINT/WATER DEPT 25211 THE DALE GREEN CO BLACK DIRT-STREET MAINTENANCE 96.00 25212 ROZA HAUSER QUIT SMOKING PROGRAM-HUMAN RESOURCES DEPT 37.90 25213 HELENA CHEMICAL COMPANY WEED KILLING COMPOUND-PARK MAINTENANCE 107.59 25214 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION 41.50 25215 HENNEPIN COUNTY TREASURER FILING FEES-PLANNING DEPT 176.25 25216 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT 257.00 25217 HENNEPIN COUNTY TREASURER APRIL 92 BOARD OF PRISONERS-POLICE DEPT 3134.55 25218 HENN CTY-SHERIFFS DEPT APRIL 92 BOOKING FEE-POLICE DEPT 1090.12 25219 HENNEPIN COUNTY TREASURER LATHS-PARK MAINTENANCE 101.15 25220 HERITAGE PRINT CENTER ENVELOPES-WATER DEPT 196.46 25221 D C HEY COMPANY INC -TONER/DEVELOPER/MAINTENANCE AGREEMENT- 188.14 FIRE DEPT 25222-. STEVE HIGLEY SOFTBALL OFFICIAL/FEES PAID 345.00 25223 HOFFERS INC FIELD MARKING PAINT-PARK MAINTENANCE 780.00 25224 KERRY HOFFSTROM EXPENSES-AFTER SCHOOL CONNECTION PROGRAM 42.61 25225 HOLMSTEN ICE RINKS INC FILTER REPLACED-ICE ARENA-COMMUNITY CENTER 134.28 25226 HONEYWELL INC -INSTRUMENTATION MAINT SERVICE AGREEMENT- 2400.00 WATER TREATMENT PLANT 25227 HONEYWELL PROTECTION SERVICES -SECURITY SYSTEM MAINTENANCE AGREEMENT- 89.25 SENIOR CENTER 2521685 4110 1'2 0 25228 HORIZON GRAPHICS INC -PRINTING-COMMUNITY NEWSLETTER-HUMAN 4577.71 RESOURCES DEPT 25229 INACOMP PRINTER REPAIR-POLICE DEPT 121.00 25230 INDUSTRIAL LIGHTING SUPPLY INC LAMPS-WATER DEPT 157.31 0231 INSITE SUBSCRIPTION-PARK PLANNING DEPT 49.00 32 INSTY-PRINTS BUSINESS CARDS-POLICE DEPT 44.00 33 INTOXIMETERS INC -INTOXIMETER SENSOR LIGHT DISPLAY REPAIRED - 177.50 POLICE DEPT 25234 GARY ISAACS -SOFTBALL/VOLLEYBALL OFFICIAL & OFFICIALS 627.50 COORDINATOR/FEES PAID 25235 ISFSI VIDEO TAPE/FOAM BOAK-FIRE DEPT 70.90 25236 BRENDA JO JERDE VOLLEYBALL OFFICIAL/FEES PAID 180.00 25237 JAIMS GLENN JOHNSON FIRE CALLS 510.00 25238 JUSTUS LUMBER CO -PLYWOOD/PAINT/SHEATHING/ADHESIVE-SEWER 350.97 DEPT/HISTORICAL & CULTURAL COMMISSION 25239 KEEFER COURT FOOD INC EXPENSES-HUMAN RESOURCES DEPT 71.00 25240 KILLMER ELECTRIC CO INC 5 STREET LIGHTS REPAIRED-STREET DEPT 968.15 25241 LEONARD J KOEHNEN RADIO TOWER INSPECTION-POLICE DEPT 923.17 25242 KUSTOM SIGNALS INC RADAR DASH MOUNT-POLICE DEPT 58.34 25243 MARV LAHTI FIRE CALLS 180.00 25244 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 842.19 25245 LAKELAND FORD TRUCK SALES INC -CABLE ASSEMBLY/LINK/BELLCRANK-EQUIPMENT 134.60 MAINTENANCE 25246 ROBERT LAMBERT DUES/EXPENSES-PARK & RECREATION DEPT 209.50 25247 LANDSCAPE PRODUCTS CENTER GRASS SEED/FERTILIZER-STREET MAINTENANCE 174.72 25248 SUE LANE SCHOOL-FINANCE DEPT 11.00 25249 CINDY LANENBERG MILEAGE-FIRE DEPT 51.75 25250 LANG PAULY & GREGERSON LTD FEBRUARY 92 LEGAL SERVICE 13101.43 25251 LANO EQUIPMENT INC -BLOCK/HITCH/HYDRAULIC LEAK/BOB CAT WITH 18316.62 • -AUGER/GRAPPLE BUCKET & SNOW BLOWER-$18107- PARK MAINT/EQUIPMENT MAINT 411/52 ROBERT LANZI MILEAGE-ATHLETIC SUPERVISOR 53.75 25253 JERRY LASLEY PHOTO PROCESSION-SENIOR AWARENESS WEEK 10.61 25254 L MCI T WORKERS COMPENSATION INSURANCE 2175.00 25255 LEEF BROS INC TOWELS/COVERALLS-EQUIPMENT MAINTENANCE 109.15 25256 LIQUID CARBONIC CARBON DIOXIDE-WATER DEPT 557.38 25257 THE LOFT -T-SHIRTS-TENNIS PROGRAM/STAFF T-SHIRTS- 3692.10 COMMUNITY CENTER 25258 LOGIS APRIL 92 SERVICE 9136.37 25259 WAYNE LORENO REFUND-BUILDING PERMIT 10.00 25260 LUNDS EXPENSES-FIRE DEPT 141.32 25261 LYNNE LAROSE BOOK-SENIOR CENTER 40.22 25262 MACQUEEN EQUIPMENT INC -COUPLER/DISCONNECT/2 DUMP BOXES & 15274.51 HYDRAULIC VALVES-STREET DEPT 25263 MARKS HWY 5 AMOCO CAR WASHES-EQUIPMENT MAINTENANCE 190.00 25264 MASYS CORPORATION -JULY 92 COMPUTER MAINTENANCE AGREEMENT- 1282.00 POLICE DEPT 25265 MBA DESKTOP PUBLISHING PLUS -TYPSETTING FLYERS-SENIOR PROGRAMS/ 30.00 HISTORICAL & CULTURAL COMMISSION 25266 MCGLYNN BAKERIES INC -EXPENSES-CITY HALL/POLICE DEPT/SENIOR 291.89 CENTER 25267 MCGLYNN BAKERIES INC -EXPENSES-CITY HALL/SENIOR CENTER/ 72.96 COMMUNITY CENTER 25263 A MEAT SHOPPE EXPENSES-FIRE DEPT 64.43 7504005 4111 F JUNE 16,1992 25269 MEDICINE LAKE LINES BUS SERVICE-ADULT PROGRAMS 205.00 25270 MENARDS -CEMENT PATCH-STREET MAINT/TREATED TIMBERS- 324.52 PARK MAINTENANCE 25271 METRO LAWN & LANDSCAPE SOD REPAIR-WATER DEPT 25272 METRO PRINTING INC AWARDS-SAFETY CAMP PROGRAM 335.00 25273 METRO SALES INC DEVELOPER-POLICE DEPT/TONER-COMMUNITY CTR 250.05 25274 METROPOLITAN MECHANICAL REPAIR LEAK ON PVC LINES-COMMUNITY CENTER 138.95 25275 METROPOLITAN WASTE CONTROL COMM JULY 92 SEWER SERVICE 169118.00 25276 KAREN MICHAEL MILEAGE-HUMAN RESOURCES DEPT 71.25 25277 MIDLAND EQUIPMENT CO -4 HYDRAULIC SNOW WINGS/SIDE SHIFTS & 38526.00 -SNOW BLADES-$29717/2 PLOWS WITH HITCHES- $8809-STREET MAINTENANCE 25278 MIDWEST ASPHALT CORP ASPHALT-STREET MAINT/PARK MAINT 1909.80 25279 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT 940.91 25280 BRIDGET MILLER SCHOOL-ADMINISTRATION DEPT 33.00 25281 MINNCOMM PAGING JUNE 92 PAGER SERVICE-STREET MAINTENANCE 23.96 25282 MINNEAPOLIS HEALTH DEPARTMENT LABORATORY TESTS-POLICE DEPT 46.00 25283 MAUMA CONFERENCE-ADMINISTRATION 20.00 25284 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 233.44 25285 MN CONWAY FIRE & SAFETY -FIRE EXTINQUISHER RECHARGING/HOSE ADAPTER/ 312.09 KNOB & SHAFT-FACILITIES DEPT/FIRE DEPT 25286 MN DEPT OF REVENUE MAY 92 FUEL TAX 134.20 25287 MN MUNICIPAL BEVERAGE ASSN DUES-LIQUOR STORES 435.00 25288 MINUTEMAN PRESS -PRINTING FORMS-BLDG INSPECTIONS DEPT/ 408.83 ROUND LK MARINA/COMMUNITY CENTER 25289 MOORE MEDICAL CORP 1ST AID RESCUE EQUIPMENT-FIRE DEPT 174.00 25290 LARRY MOSOW GOLF INSTRUCTOR-SENIOR PROGRAMS/FEES PAID 450.00 25291 MTI DISTRIBUTING CO SCREEN/V-BELT/PIVOT/VALVE ASSEMBLY/SEALS/ 279.32 TUBES-PARK MAINT/EQUIPMENT MAINT 25292 BETH MUNDY MILEAGE-POLICE DEPT 95 25293 NATL CENTER FOR PRESERVATION LAW -PUBLICATIONS-HISTORICAL INTERPRETATION 44.50 PROGRAM 25294 NATL TRUST FOR HISTORIC PRESERVAT -DUES/PUBLICATIONS-HISTORICAL 163.00 INTERPRETATION PROGRAM 25295 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-PARK MAINTENANCE 2197.22 25296 NCR CORPORATION -CASSETTE RIBBON/CASH REGISTER SUPPLIES- 134.51 COMMUNITY CENTER 25297 JAN NELSON -MINUTES-HUMAN RIGHTS & SERVICES COMM/ 150.00 PARKS COMMISSION 25298 NORTH STAR ICE SUPPLIES-LIQUOR STORES 871.74 25299 RON NYSTUEN REFUND-OVERPAYMENT UTILITY BILLING 25.24 25300 OCHS BRICK & TILE CO CEMENT-SEWER DEPT 117.00 25301 OFFICE PRODUCTS OF MN INC -COMPUTER TRAY/ENVELOPE TRAY/DUST COVER- 168.50 EQUIPMENT MAINTENANCE 25302- BILL OLSON BLACK DIRT-STREET MAINTENANCE 306.00 25303 PAPER WAREHOUSE -RIBBON/TISSUE/NAPKINS/TABLE COVERS-SENIOR 17.40 PROGRAMS 25304 PARAGON CABLE MAY & JUNE 92 SERVICE-SENIOR CENTER 4.10 25305 PASSONS SPORTS -EQUIPMENT BAGS/BADMINTON SETS-AFTERNOON 211.69 PLAYGROUND PROGRAM 25306 PERSONNEL POOL -SERVICE-BLDG INSPECTIONS DEPT/FACILITIES 803.70 DEPT/SENIOR CENTER 25307. PEAK STAFFING MINUTES-HISTORICAL & CULTURAL COMMISSION 57.45 25308 PEDERSON SELLS.EQUIPMENT CO INC HYRAULIC HOSE-EQUIPMENT MAINTENANCE 25309 CONNIE PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION Illig 21979550 Iyu JUNE 16,1992 25310 PIONEER MIDWEST INC LAWN IRRIGATION SYSTEM PARTS-WATER DEPT 199.81 011 PRAIRIE ELECTRIC COMPANY INC REPLACED BALLAST-COMMUNITY CENTER 48.95 12 PRAIRIE OFFSET PRINTING -HOMESTEAD APPLICATION CARDS & ENVELOPES- 1034.90 -ASSESSING DEPT/FLYERS-4TH OF JULY -CELEBRATION/STARING LK CONCERT SERIES/ HISTORICAL INTERPRETATION PROGRAM 25313 PREVENTION PLUS INC INJURY PREVENTION CONSULTING-SAFETY DEPT 450.00 25314 PROFESSIONAL COMPUTER SERVICES COMPUTER REPAIR-POLICE DEPT 75.00 25315 PUMP & METERS SERVICE INC FUEL PUMP REPAIR-EQUIPMENT MAINTENANCE 76.00 25316 TED C REIN SOFTBALL OFFICIAL/FEES PAID 178.75 25317 REJUVENATION LAMP & FIXTURE CO LIGHT SWITCH-CUMMINS GRILL HOMESTEAD 53.00 25318 REVERE CHISEL TIP-WATER DEPT 46.23 25319 RITZ CAMERA -FILM/FILM PROCESSING-FORESTRY DEPT/SEWER 40.11 DEPT 25320 RONS MUSIC & GAMES SUPPLIES-LIQUOR STORE 178.09 25321 RYANS RUBBER STAMPS RUBBER STAMPS-FINANCE DEPT/STREET MAINT 23.99 25322 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-ASSESSING DEPT/FORESTRY 51.58 DEPT/ROUND LK MARINA 25323 ST PAUL CZECH FOLK DANCERS -ENTERTAINMENT-HISTORICAL INTERPRETATION 200.00 PROGRAM 25324 SAFETY-KLEEN CORPORATION -LUBRICANTS/CARBURETOR CLEANER-EQUIPMENT 330.25 MAINT/CLEANING SUPPLIES-PARK MAINT 25325 SANCO INC -CLEANING SUPPLIES-FACILITIES DEPT/ 562.71 COMMUNITY CENTER 25326 SAVOIE SUPPLY CO INC CLEANING SUPPLIES-STREET MAINTENANCE 144.05 25327 SCHMIDT READY MIX INC CEMENT-STREET MAINTENANCE 721.40 25328 THOMAS SCHMITZ FIRE CALLS 528.00 I29 WILBUR W SCHULTZ SOFTBALL OFFICIAL/FEES PAID 393.75 30 SHAKOPEE FORD INC -CLIPS/VISOR ASSEMBLY/SWITCH-EQUIPMENT 62.10 MAINTENANCE 25331 SIGNATURE CONCEPTS INC -POLO SHIRTS/RUBBY SHIRTS/SWEATERS-POLICE 112.85 DEPT 25332 SIGNS R US INC STREET NAME SIGNS-STREET DEPT 42.40 25333. THE SKETCH PAD FLUORESCENT LABELS-FINANCE DEPT 67.75 25334 KARY SMITH SOFTBALL OFFICIAL/FEES PAID 157.50 25335 W GORDON SMITH CO GAS-EQUIPMENT MAINTENANCE 20.96 25336 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-LIQUOR STORE 107.36 25337 SOUTHWEST SUBURBAN PUBLISH INC -ADVERTISING-SENIOR AWARENESS POSTER- 60.00 COMMUNITY CENTER ADMINISTRATION 25338 SPECIALTY CONTRACTING INC -TRAIL RESTORATION ON ROBERTS DR/WELL 7262.00 BUTTERFLY VALVE REPAIRED-WATER DEPT 25339 SPORTS WORLD USA -STRING/SWEATERS/LETTERING/SHIRTS-COMMUNITY 312.50 BAND/PARK RANGER/COMMUNITY CENTER 25340- SPS COMPANIES REGULATOR-PARK MAINTENANCE 17.76 25341 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-CITY HALL/WATER DEPT 519.94 25342 CRAIG STANTON SOFTBALL OFFICIAL/FEES PAID 124.00 25343 THE STATE CHEMICAL MFG CO GRAPHITE/CONCRETE PATCH-UTILITIES DIVISION 952.22 25344 STREICHERS PROFESSIONAL POLICE EQ -SOCKET/REFLECTOR/LAMP ASSEMBLY/ 173.25 SIGNALMASTER CONTROL UNIT-EQUIPMENT MAINT/ WATER DEPT 25345 SUMMER HILL TREE FARM INC TREES-STARING LN UTILITY IMPROVEMENTS 840.00 25346 SUPERVISORY MANAGEMENT SUBSCRIPTION-FINANCE DEPT 32.75 li47 TARGET STORES FILM-POLICE DEPT/FANS-COMMUNITY CENTER 604.68 48 TEAM LABORATORY CHEMICAL CORP DEGREASER/LAUNDRY DETERGENT-WATER DEPT 343.66 49 KATHERINE TEKIELA -CRAFT INSTRUCTOR-AFTER SCHOOL PROGRAM/ 500.50 FEES PAID 1765075 25350 E JOHN TROMBLEY SOFTBALL OFFICIAL/FEES PAID 195.00 25351 TWIN CITY OXYGEN CO -OXYGEN/CARBON DIOXIDE-EQUIPMENT MAINT/ 72.60 COMMUNITY CENTER 25352 U A S INC FINGERPRINT REFILL-POLICE DEPT 88.00 25353 U S FIGURE SKATING ASSN ICE SHOW SANCTION FEE-COMMUNITY CENTER 25354 UNLIMITED SUPPLIES INC -WINTER WORK GLOVES/WASHERS/COUPLINGS/ 31L -BUSHINGS/PIPE REDUCERS-STREET MAINT/ EQUIPMENT MAINTENANCE 25355 VAUGHN DISPLAY FLAGS/POLES-ELECTIONS DEPT/FACILITIES DEPT 291.86 25356 VESSCO INC BATTERIES/YOKE VALVE-WATER DEPT 348.06 25357 VICOM INC -JUNE 92 WIRE MAINTENANCE AGREEMENT- 7.00 COMMUNITY CENTER 25358 TRIA VIKESLAND EXPENSES/MILEAGE-ADAPTIVE RECREATION 125.38 PROGRAM 25359 VIKING FENCE & CONSTRUCTION GATE POST REPAIRED-WATER DEPT 650.00 25360 VIKING LABORATORIES INC CHEMICALS-COMMUNITY CENTER 83.75 25361 VOSS LIGHTING LIGHT BULBS-FACILITIES DEPT 105.78 25362 WAHL & WAHL INC VCR REPAIR-POLICE DEPT 135.00 25363 WALDOR PUMP & EQUIP CO GLOBE-SEWER DEPT 31.00 25364 WATER PRODUCTS COMPANY -METERS/BOTTOM LINER & PLATES/HYDRANT 1183.64 -GREASE/EXTENSION KIT/RODS/CROSS ARMS/ -SPANNER WRENCHES/LOCK RINGS/COLLISION REPAIR KITS/PVC SEWER CAP-WATER DEPT 25365 SBCS -PRINTING FLYERS/CERTIFICATE OF 160.00 -APPRECIATION-HISTORICAL INTERPRETATION PROGRAM 25366 SANDRA F WERTS MILEAGE/EXPENSES-SENIOR PROGRAMS 94.38 25367 WESTWOOD PROFESSIONAL SERVICES IN -SERVICE-PRAIRIE CENTER DR & SINGLETREE 1638.50 TRAFFIC SIGNAL DESIGN 25368 WILS XKP INC DUES-RECREATION ADMINISTRATION/PARK 40 00 PLANNING DEPT grO 25369 TIM WRIGHT REFUND-BLDG PERMIT 1 25370 X-ERGON SANDING STICKS-WATER DEPT 83.92 25371 YALE INC -REPLACED AIR CONDITIONER RELAY & TIME 1638.92 -DELAY/PIPED AIR COOLER IN HIGH SERVICE PUMP ROOM-WATER DEPT 25372. ZACKS INC -STREET BROOMS/PICK HEAD/SHOVES/BUNGEE 184.02 STRAPS/HANDLES/BAR-SEWER DEPT 25373 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-CITY HALL/EQUIPMENT MAIN.T 70.65 24713 VOID OUT CHECK . 281.72- 24776 VOID OUT CHECK 2794.02- 24845 VOID OUT CHECK 196.12- 24903 VOID OUT CHECK 142.50- 24915 VOID OUT CHECK 2593.48- 24922 VOID OUT CHECK 182.31- 24931 VOID OUT CHECK 5533.15- 24949- VOID OUT CHECK 240.00- 24953 VOID OUT CHECK 4504.80- 883428 S1216309.29 DISTRIBUTION BY FUNDS TO GENERAL 436803.82 11 CERTIFICATE OF INDEBT 74427.33 15 LIQUOR STORE-P V M 114261.33 17 LIQUOR STORE-PRESERVE 62583.91 18 GENERAL 17.50 30 CASH PARK FEES 840.00 60 IMPROVEMENT CONST FUND 76254.49 62 IMPROVEMENT CONST FD 217754.97 70 UTILITY RESERVE 865.00 73 WATER FUND 57166.90 77 SEWER FUND 175674.53 81 TRUST & ESCROW FUND -2090.60 86 PARK PROG-CONTRIBUTIONS 58.61 89 CUMMINS GRILL PRINTS 53.00 90 TAX INCREMENT FUND 1638.50 $1216309.29 4111 1�i�oI MEMORANDUM ger TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources TAB DATE: June 4, 1992 SUBJECT: Request by Kevin and Joni Strathy to Regrade their Backyard and Encroach in the Conservancy District Attached to this memo is a memo from Stu Fox outlining the Strathy's request and providing a map showing the location of their lot, the conservancy district and a copy of their proposed plan. The Parks, Recreation and Natural Resources Commission reviewed this request at their June 1st meeting. The Commission questioned the Strathy's on their reasons for their request and questioned staff on the evaluation of the request, and comments on the proposal. Staff pointed out that the value of scenic easements is as follows: 1. To protect the natural character of the creek valley. • 2. To provide natural screening between the proposed public trail and the backyards of the homes along creek valley. 3. To guarantee all property owners on both sides of the creek that when they build adjacent to a natural area with a scenic easement that their views of the natural area will be retained, and that neighbors will not remove natural vegetation to "improve views or their idea of how the valley should appear." Mr. Strathy pointed out that the easement agreement states that no grading may take place or • vegetation removed without City approval. He asked under what conditions the would City approve a request. Staff inidcated that whenever there are dead trees, trees causing a hazard, or if construction is necessary to halt erosion, etc., staff would support a request for removal or grading. Requests that are primarily for aethestic purposes become very subjective and may lead to a precedent that makes the conservation easement useless; therefore, requests that are for any reason other than health, safety or property damage concerns should be reviewed with care. COMMISSION RECOMMENDATION: The Parks, Recreation and Natural Resources Commission voted unanimously to permit the relocation of the retaining wall as requested, but not to permit any change of the woodlands or understory area as outlined within the terms of the scenic easement. • Request by Kevin & Joni Strathy • June 4, 19928 Page 2 The Commission understood that with the construction of a stone retaining wall at the scenic easement line, there may be some grading up to five or six feet behind the wall; however, the Commission felt strongly about not removing any of the existing basswood and ironwood trees or the natural under growth within the scenic easement. The Commission also recommended that the Strathy's consider the construction of a drain tile system to correct their drainage problem, as there is more than sufficient elevation drop between their backyard and the street. BL:mdd - Strathy/7 S • 4111 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES MISSION MONDAY, JUNE 1, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COMMISSION MEMBERS: Pat Richard, Chair; Bruce Bowman, Claire Hilgeman, Joanne Kube-Harderwijk, David Kracum, Diane Popovich Lynch, Del Vanderploeg COMMISSION STAFF: Robert A. Lambert, Director of Parks, Recreation and Natural Resources; Barbara Penning Cross, Landscape Architect; Stuart A. Fox, Manager of Parks and Natural Resources; Laurie Helling, Manager- of Recreation Services I. ROLL CALL, • The meeting was called to order at 7:30 PM by Acting Chair, Diane Popovich Lynch. Bowman, Richard and Vanderploeg were absent. II. APPROVAL OF AGENDA The following item was added to -the agenda: VII. C. Request for Authorization to Obtain an Appraisal on a Miller Park Parcel. MOTION: Kube-Harderwijk moved, seconded by Hilgeman, to approve the Agenda as published and amended. Motion carried 4-0. • III. APPROVAL OF MINUTES OF MAY 18, 1992 MEETING MOTION: Kracurn moved, seconded by Kube-Harderwijk, to approve as submitted the Minutes of May 18, 1992. Motion carried 4-0. IV. PETITIONS, REOUESTS AND COMMUNICATIONS A. Request from Strathy's Regarding: Conservancy Easement Refer to the memo dated May 28, 1992, from Stuart A. Fox, Manager of Parks & Natural Resources. Fox said that the Strathy's want to regrade their property at 11787 Welters Way in order to correct a water problem. Mrs. Strathy said that they want to. get a flatter ridge in their backyard and that they. want to remove some of the understory in order to 1111 control deer ticks. She said they question whether 50% of their lot needs to be part of the conservancy easement. Lambert said that the conservancy lines were set before any lots were sold and that this easement was designed to provide screening from the • public trail that will be built along the creek. 1 • P, R & N R Commission Meeting 2 June 1, 1992 Mr. Strathy said they only want to remove a limited number of trees and 4I/1 replace them with different types of trees. Kube-Harderwijk asked if the removal of brush is prohibited in the easement area. Lambert replied that the scenic easement does not allow removal of any vegetation. Mr. Strathy asked if dead trees can be removed. Lambert replied that they can be removed with the City's approval. Hilgeman asked the Strathy's to describe the extent of the proposed infringement on the easement. They replied that they want to grade 20 feet beyond the proposed border wall . Lynch asked about the composition of the existing understory. Fox replied it is low-growing shrubs and grass. Lynch asked if granting this request would involve amending the scenic easement. Lambert said we would allow them to encroach on the scenic easement. Hilgeman said she was okay with the boulder wall but she had a problem with clearing and grading in the easement. She said she was concerned about setting a precedent. Mr. Strathy noted that there is a swath near their property where4111 everything was cleared out down to the creek. Lambert said this was cleared in order to accommodate the storm sewer. Kractam said the intent of the scenic easement is that this area should be maintained in its natural condition and there would have to be • compelling reasons to grant exceptions. He said he had no problem with moving the wall back, but he saw no reason to change the understory. . MOTION: Hilgeman moved, seconded by Kube-Harderwijk, to recommend that the Strathy's be permitted to relocate the retaining wall, including the wrap-around on the north end that will encroach on the scenic easement, but that they be denied permission to change the woodlands or understory area as outlined within the terms of the scenic easement. Motion carried 4-0. 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.Foxxanager 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 0 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 0 provisions hereof. a Strathy Request • May 28, 1992 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. Strathy Request • 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. 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. SAF:mdd strathy • I� ;,t'� • • i i • • • 5-746c-rgy .. ______7. . 11787 W6.2. - WAY ,,,, • . -1 _ - 2518.61 .9ES 3 S 01.11. LOT :- (4 0) • • 35) ��' s (q i) (26) ��` I R•06 ,� 9. */ .3., ge *`' fl^ 4(36) ti (37) •• ' ••';) ). • �4 w)5.9 S . .5 vr.ee Jy r ed s j�f�pp fTEt`•.1A` :.65 127.Q 1W r.d9'IS(�' i'E .<• �`�. MEr I :441iito! a y+ ►1? I �.:T )k (�6) ti2 3 � 1 d., ( 13) r �614 6 e/s (6) °t - (6) - (7) • ' 's o, "• o:f. t�S , �'4� .( 18) �+. ski ✓� ��Q 2 �.'\••� 1 I -' �t•� i` 2 jks in ( 19) F (7)`• 'P o• °�,, 't �A�e''ti i;1?{A � a •i© r o/ . �. 5 \`' { ( f!I.��ow 97 9. w - 4 A �%di:s (8) 8'� �1 i 1 �7 _ t)l A . •3 3 \7 ,, (2 0) se r-,. 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OP \ # , \ \ e Zr.------_____-...z.--•:-7-2 '�' t J. y ,---: , �'`1�Yz:�tr / /r �i i1 dt-i,� p;cl'0tt I - •ill x 4_(-1‘. ,, � r !X! t} Ems'•�a4 `1 11 ( r wh c . r� E„ r, • 1 rznN I / f- \� / 1 4 J-------\ II W AFL ----��I I ii \ .f.L �� ,�•f 1► t r.1616 r,t, y il , r cam,-.:.';��,;, t 3, to, 0 44 l; �, �tr>rrr, il OS" Vt 1 PROP ti • �� . ID r� ;r. E Ft- • Ar MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources DATE: May 27, 1992 SUBJECT: Request For Use Of Motorized Vehicle On Transportation Trails Earlier this year, Rick Pavlicek, an Eden Prairie resident, requested that the City determine if there is any way that his daughter could use a motorized vehicle on our transportation trails. Mr. Pavlicek's family was in an automobile accident two years ago in which his wife was killed and his daughter was left paralyzed from the waist down. His daughter is eleven years old and would like to be able to operate a motorized vehicle on our transportation trails in order to visit friends and accompany them when they bicycle in the neighborhood. Apparently, last summer his daughter experimented with tricycles that can be pedalled by hand • as well as battery operated tricycles. She was not comfortable with the handicapped stigma of those vehicles. Early this year, Mr. Pavlicek researched the feasibility of his daughter operating an all terrain vehicle (ATV). He inquired if the City would be able to modify its ordinances to allow his daughter to operate a 125cc ATV on our bicycle trails. He agreed to putting a governor on the motor in order to ensure that it could not operate over 15 mph, and identifying the vehicle with a handicapped sticker. City staffs' original reaction to this request was to attempt to accommodate the request. The major concerns dealt with the following: 1. The speed of the vehicle. 2. The weight and width of the vehicle. 3. The ability of anyone under age 16, or any age, to safely operate an ATV on a bicycle trail with pedestrians and bicyclists of all ages. Prior to responding to Mr. Pavlicek's request, the Park and Recreation staff discussed this request with representatives from the City Police Department, the Highway Patrol, representatives from the Department of Natural Resources, the Minneapolis Park Board, Hennepin Parks, the Head District Ranger for the Chesapeake and Ohio Canal National Historic • 1 Request for Use of Motorized Vehicle on Transportation Trails May 27, 1992 • Page 2 • Park, the adaptive recreation staff from the Four City Cooperative, staff involved in training disabled people to use a variety of vehicles from the Courage Center and Gillette Children's Hospital. After reviewing our requests with all of these individuals and discussing existing laws regarding the use of ATV's within right of ways and on trail systems in the metropolitan area, state parks, and in other parts of the country, City staff do not recommend allowing an ATV to be used on our transportation trails for any purpose. Some of those reasons include the following: 1. Minnesota Statue 84.92 All Terrain Vehicles Use in Minnesota. A. ATV's operated within public right-of-ways shall comply with Chapter 169 (Highway Traffic Regulations Act). B. By State Law/Rule, ATV's are not allowed in state parks, scientific natural areas, wildlife management areas, state trails, groomed DIR snowmobile trails during snow covered season, and grant-in-aid snowmobile/cross country ski trials. 2. 23 CFR Chapter 1 (4-1-91 edition), part 652, pp. 240-243, Pedestrian and Bicycle Accommodations and Projects. A. Recommend public agencies to ban all motorized vehicles other than maintenance • vehicles, snowmobiles where permitted by state or local regulations, from pedestrian walkways and bicycles. Walkways: A continuous way designated for pedestrians and separated from the through lanes for motor vehicles by space or barrier. Bike Paths: A bikeway is physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within • an independent right-of-way. 3. Jim Clark, Eden Prairie Chief of Police, recommended using DNR requirements and State Laws as a guide and pay close attention to them. 4. The Head District Ranger for Chesapeake and Ohio Canal indicated that "we strictly enforce no ATV or motorized vehicles on trails or paths and charge a $40 fine to those operating a gas motorized vehicle in walking paths and bike paths." For reasons that it is a State Law and for the fact that the width, power and purpose of an ATV is a danger and hazard on transportation trails. 2 I • Request for Use of Motorized Vehicle on Transportation Trails May 27, 1992 page 3 5. The Adaptive Recreation/Learning Exchange staff, including Lil Hipp, Moe Fahnestock, Laura Hinton and Lynn Dennis, expressed the following concerns: The staff believe that not only the safety of the other individuals on the trail, but the safety of a person of younger than legal driving age attempting to operate that vehicle, whether or not the individual is handicapped, should be a strong concern. 6. For the purpose of regulations, the National Park Service wrote this on accessible mobility on trails and paths: "A standardized wheel chair (adaptive bicycle) is a propelled wheelchair (bike) devise, designed solely for and used by a mobility impaired person for locomotion, that is both capable of and suitable for use in indoor pedestrian areas". (Gas powered and motorized vehicles do not fit this purpose.) Bicycles with modifications that are designed solely for and used by a mobility impaired person for locomotion must be self propelled, and/or electrically or battery operated. • The electric or battery operated bicycle meet bicycle regulations for safety, aesthetic values of the bike and the environment, and purpose of the devise. RECOMMENDATION: It is not the purpose of a motorized, gas operated vehicle/ATV to be on transportation trails, bikeways or walkways, even if used for accessibility reasons. There are other alternatives that meet this need as well as the purpose of the bike or walking path. Therefore, in consideration of the safety of the individival as well, as the other trail users, it is recommended that bike modifications (self propelled, electric or battery operated) be considered rather than a motorized • vehicle. This will also meet state regulations that do not allow motorized vehicles on walkways, bikeways, etc. City staff would further recommend updating City Ordinance No. 81-23, An Ordinance Designating and Regulating Bicycle Ways Within The City of Eden Prairie to accommodate these recommendations. City staff recommend the following revisions to Ordinance 81-23: 1. Section 1, Part C. Motor vehicle means every vehicle which is self propelled. Motor vehicle does not include a vehicle moved solely by human power, or a propelled wheelchair or bicycle devise designed solely for and used by a mobility impaired person • for locomotion, that is both capable of and suitable for use in indoor pedestrian areas. 3 Request for Use of Motorized Vehicle on Transportation Trails May 27, 1992 • Page 4 2. Add a section that would set some regulation on bicycle devises designed solely for and used by a mobility impaired person. Such regulation would be: a. battery, electric, or human powered b. 15 mile per hour speed limit or as otherwise marked on the trail c. vehicle dimensions should be limited to 28" in width and 60" in length. The parks, recreation and natural resources staff recommend the City Council authorize the City Attorney to review these recommendations and draft a revision to Ordinance No. 81-23 for review by the Parks, Recreation and Natural Resources Commission and the City Council prior to first reading of the ordinance revision. BL:mdd cc: Rick Pavlicek Jim Clark, Eden Prairie Police Chief • 4 • Unapproved Minutes PRNRC June 1, 1992 4 B. Request for Use of Motorized Vehicle on Transportation Trails Refer to memo dated May 27, 1992 from Bob Lambert, Director of Parks, Recreation & Natural Resources. Lambert said that, after investigating All Terrain Vehicles in response to Mr. Pavlicek's request, staff is even more definitely against the use of any ATV vehicles on the trail system. He said they are recommending some changes to the ordinance in order to clarify the type and size of vehicle allowed on the trails. Kracum said he believes ATV's are inherently dangerous vehicles, and he would never recommend the use of such vehicles on the trails. Lynch asked how the proposed ordinance changes would affect the use of other types of vehicles. Lambert said that bicycle and tricycle adaptations that are battery-operated would fit within the standards. MOTION: Lynch moved, seconded by Hilgeman, to recommend denial of the request for use of a motorized vehicle on transportation trails and, 4111 further, to recommend that revisions be made to Ordinance 81-23, as indicated in the staff memo of May 27, 1992, except that the proposed speed limit of 15 MPH should be changed to a speed limit of 10 MPH: Motion carried 4-0. • • •• • I si MEMORANDUM OTO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: David Lindahl, Planner DATE: June 8, 1992 SUBJECT: COMMUNITY ENERGY SERVICES - NIINNEGASCO & NSP Home energy improvement services are being offered by Minnegasco and Northern States Power (NSP) to a number of cities in Hennepin County including Eden Prairie. These services are being delivered through a coalition of public and non-profit agencies including: Center for Energy and the Urban Environment, Natural Resources Corporation, Self Reliance Center, and West Hennepin Human Services. The City has been asked by these groups to help market their program to Eden Prairie residents. Services available to lower income individuals through this program include: • FREE ENERGY WORKSHOPS - Minnegasco customers that meet certain income qualifications can attend an energy workshop and receive information about how to reduce energy usage, etc. • HOME ENERGY CHECK UP FOR RENTERS -Renters who attend the workshop can sign up for • a self-help education visit through NSP, which provides a home energy audit and other related services. • HOME ENERGY CHECK UP FOR HOMEOWNERS - Homeowners who attend the workshop are eligible for a home energy audit through NSP. There is a $25 fee for materials. • PROJECT AIR - Minnegasco homeowners will receive approximately sixteen hours worth of sealing air leaks, and training about energy related maintenance items. • MAJOR WEATHERIZATION - Minnegasco homeowners needing the most assistance will receive weatherization services including sealing air leaks, and installing insulation in sidewalls and attics. Non-low income services include: • HOME ENERGY CHECK UP - Free through NSP for non-low income households. Focuses on examination of the entire building structure with detailed explanation on "do it yourself" improvements, a blower analysis, and referral to.the Home energy Fix Up where appropriate. • HOME ENERGY FIX UP-This program provides to homeowners and 1-4 unit rental property owners interested in major energy improvements, certified contractors, low interest financing, and guaranteed quality performance by contractors through an infra-red inspection. • MULTIFAMILY BUILDING AUDITS AND INSTALLATIONS - Owners of 5+ unit apartment I buildings services by Minnegasco are eligible for energy audits and installation of recommended improvements. { • applications such as word processing, spreadsheets and graphics. Applications that run on the mainframe include: 1. Financial (Accounting, Payroll, etc.) 2. Utility Billing 3. Geobase Property System (includes all building permit information). 4. Special Assessments 5. Recreation Registration 6. Tree Inventory and Maintenance 7. Fixed Asset System 8. Request Tracking (keeps track of all customer contact that requires follow-up). All of the mainframe applications with the exception of Request Tracking were supplied by Systems Consultants Inc. (SCI) for operation on Unisys equipment. al Plymouth has three staff members involved in MIS including the Assistant Finance Director who manages the data processing function, a Management Information Systems (MIS) Coordinator and a programmer. It costs Plymouth approximately $260,000 per year for operating.expenses. In 1987 dollars, the computer cost $350,000. Burnsville, like Plymouth has never been a participant in LOGIS. The City of Burnsville has for many years operated its own mini computers, primarily for finance and police department applications. Two years ago, Burnsville was in need of hardware and software replacement, particularly in the finance and non-police areas. A study was conducted by an independent data processing consultant and the City's MIS Manager. This study occurred in part out of Council concern -about personal computer purchases., Most personal computers were being used for word processing. The study included a review of LOGIS offering and costs. Recently, the City replaced its finance mini with a new IBM AS400 mini computer for city hall applications to include finance. Since implementation, it has experienced some minor difficulties with software. • 3 The cost of the new mini and related software and other peripherals was $350,000. The annual hardware and software maintenance is $25,000, and staff overhead is $100,000. Support staff includes a MIS manager and a technician. In addition to the new mini, the police department operates a TI990 mini computer with ENFORS applications for the police department. It is planned to replace the TI990 with a new Stratus mini in 1993 at a cost of $300,000. The police department and MIS manager have studied other systems, but are satisfied with ENFORS. Burnsville also operates approximately 40 personal computers which are fully networked. These operate on common industry standard software applications. CONCLUSIONS: A brief analysis of Brooklyn Park, Plymouth and Burnsville has revealed that planning and implementing a stand-alone computer system is: 1. Time Consuming. 2. Costly. These observations are supported by the amount of time it has taken the City of Brooklyn Park to analyze its computer system needs and to begin implementing a new system. Overall, it will take Brooklyn Park approximately two and half years to complete the conversion from LOGIS. In regards to cost, all three communities have spent approximately $350,000 for computer equipment not including software. The cost of the software varies depending upon the application. In addition, each community has additional costs such as salaries and operating expenses ranging from approximately $125,000 to $300,000. Each community has at least one person strictly dedicated to MIS. After completing the Eden Prairie data processing systems analysis, it is evident that the City is on the right track in regards to personal computers. Nothing the City has done to date will hinder its ability to progress in the future either as part of the LOGIS system or stand-alone. The next step of the comprehensive study is to do a complete analysis of Eden Prairie's relationship with LOGIS and to make recommendations on whether to stay with LOGIS or pursue a stand-alone system. 4 • MEMO • TO: MAYOR AND MEMBERS OF CITY COUNCIL FROM: TECHNOLOGY COMMITTEE THROUGH: CARL JULLIE, CITY MANAGER DATE: JUNE 12, 1992 SUBJECT: TECHNOLOGY COMMITTEE REPORT - LOGIS The Technology Committee Summary Report contains information about the status of personal computers and their use in Eden Prairie and makes recommendation for future purchases. The information collected by the Committee is part of an overall plan to analyze the most efficient and effective use of computers by the City. With the understanding that an analysis of whether the City stays with LOGIS is a top priority, the Committee contacted other cities who have either left LOGIS and developed their own system or who operate their own system. The cities contacted were Brooklyn Park, Plymouth and Burnsville. • Brooklyn Park is an example of a community who has made the decision to leave LOGIS and is in the process of implementing its own system. Brooklyn Park was a charter member of the LOGIS consortium which was established in 1972. It contracted for twelve LOGIS applications which cost approximately $250,000 in 1991. The decision to leave LOGIS was arrived at after extensive study of existing systems, current and future needs and other systems availability. Specifically, Brooklyn Park's Needs Assessment Plan consisted of the following steps: 1. Define existing computer systems. 2. Review existing computer systems. 3. Review manual systems. 4. Prioritize needs and integration. 5. Locate potential hardware/software. 6. Review systems available. • 7. Recommendation To do the study, an MIS committee was established with representatives from each department including the MIS coordinator. The committee began the analysis process in April, 1990 and • presented alternative recommendations to the City Council in February, 1991. Implementation of the new system began in October, 1991 and is expected to be completed by December, 1992. The Brooklyn Park City Council and Staff felt that an integrated management information system would support the achievement of City goals including: 1. Improving customer services. 2. Coordinating and tracking resources for the improvement of the City's social, cultural, and physical environments. 3. Providing timely information for the City's communication needs. 4. Implementing a plan for inventory and maintenance of the City's infrastructure. 5. Providing financial data for budget preparation and management and for a five year financial plan. The City of Brooklyn Park purchased a IBM AS400 for mainframe applications and operates approximately 40 personal computers. The cost of the AS400 including setup, 14 terminals and other miscellaneous items was approximately $350,000. Software cost was dependent upon the application. For example, the utility billing package cost $26,650. An additional $17,250 was • spent for a 5-year maintenance contract which includes upgrades. Brooklyn Park has two staff members involved in MIS including a Management Information Systems (MIS) Coordinator and a Computer Support Representative. It costs the City approximately $300,000 per year for salaries, supplies, professional services, maintenance, etc. All data processing equipment, services, etc. are part of the MIS budget. Plymouth is an example of a community which has never contracted with LOGIS. In 1972, the Plymouth Finance Director was a member of the committee which helped to establish LOGIS. Due to a perceived lack of flexibility and the desire of Plymouth to stay abreast of technology, Plymouth opted out of the LOGIS consortium before it began operation. Since 1974 when Plymouth got its first computer, joining LOGIS has never been considered. Presently, Plymouth owns and operates a Unisys mainframe, 30 terminals and 40 personal computers. All of the personal computers are connected to the mainframe so they can operated as terminals in addition to being networked. Plymouth is currently replacing its existing personal computers with IBM-compatible equipment through the state purchasing contract. Personal computers are used to run "off the shelf" type 2 • MEMORANDUM • TO: Mayor and City Council FROM: Carl J. Jullie, City Manager DATE: June 9, 1992 / SUBJECT: Summary of City Manager's Mid-Year Performance Review A Mid-Year Performance Review was conducted with the City Manager at the City Council meeting on June 2, 1992. The ten goals listed in the City Manager's memo of May 29 were reviewed and progress to- date was discussed. It was determined that this list of goals was appropriate and no new goals were added at this time. Councilmembers complimented the Manager and Staff for good progress toward several of the goals, and especially Staff work related on the Park Bond Referendum and the Purgatory Creek Marsh area filling problem with the USEPA. Council was also pleased with the Manager's outreach to contact businesspersons to help address their needs and also the Manager's involvement in continuing education. • Council requested the Manager to formulate a more formalized tracking system and report periodically on projects specifically requested by the Council, and other major items that would be of continuing interest and inquiry by Councilmembers. The Manager should also be more direct about reminding Councilmembers concerning the fiscal impacts of the Council's policy decisions. Also the Council wished to see more "scale" to positive image items for the City and further documentation of City Staff accountability and performance measures. CJJ:jdp r