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City Council - 09/15/1992
AGENDA r EDEN PRAIRIE CITY COUNCIL • TUESDAY, SEPTEMBER 15, 1992 8:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, and Director of Public Works Gene Dietz PLEDGE OF ALLEGIANCE ROLL. CALL PRESENTATION BY MINNEGASCO TO THE CITY OF EDEN PRAIRIE PROCLAMATION DESIGNATING OCTOBER AS TOASTMASTERS Page 1905 MONTH IN EDEN PRAIRIE • • I. APPROVAL Q AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Joint City Council/Waste Management _Commission meeting Page 1906 held Tuesday. September 1. 1992 B. City Council meeting held Tuesday. September 1. 1992 Page 1908 M. CONSENT CALENDAR Page 1915 A. Clerk's 'License List B. 2nd Reading of Ordinance No. 32-92, Granting a Franchise to Page 1916 Northern States Power (NSF) C. Final Flat Approval of Windfield 3rd Addition (located south Page 1925 of TH 5 and west of Dell Road) Resolution No. 92-206 D. Approve Change Order No. 4 for Cedar Ridge Estates 2nd Page 1928 Addition. I.C. 52-225 S City Council Agenda September 15, 1992 • Page Two E. Approve Change Order No._4 for Bluffs West 9th. Bluffs East Page 1929 8th, Bluestem Ridge and Hawk$lgh Ridge.I.C. 52-224, I.C. 52-223, and I.C. 52-199 F. Approve Change Order No. 4 for Eden Hills (Bluffs East 11th Page 1930 Addition), I.C. 52-243 and I.C. 52-212 G. Approve Supplemental Azreement No. 1 for Dell Road Page 1931 Improvements. I.C. 52-126 H. Proclamation for Citizenship Day and Constitution Week Page 1932 I. BLUFFS E. 10TH ADDITION by Hustad Development. 2nd Page 1933 Reading of Ordinance No. 25-91-PUD-8-91,Rezoning from R1-22 to R1-13.5 on 12.3 acres; Approval of Developer's Agreement.for. Hustad Development; Adoption of Resolution No. 92-199, Authorizing Summary of Ordinance No. 25-91-PUD-8-91 and Ordering Publication of Said Summary. Location: Southwest of Bluff Road between White Tail Crossing and Wild Duck Pass • (Ordinance No. 25-91-PUD-8-91 - Rezoning to R1-13.5; and Resolution No.92-199-Authorizing Summary and Publication) J. RESOLUTION NO. 92-195: Third Party Agreements with Page 1951 Senior Community Services and Greater Minneapolis Day Care Association - Community Development Block Grant Program. K. Approve Traffic Control Signal Agreement for Leona Road and Page 1952 TH 169 Signals. I.C. 52-233 (Resolution No. 92-211) IV. PUBLIC HEARINGS/MEETINGS A. FAIRFIELD WEST by Centex Homes. Request for Rezoning Page 1959 from Rural to R1-13.5 on 23.5 acres; Preliminary Plat of 23.5 acres into 40 lots, 2 outlots and road right-of-way. Location: West of Fairfield, south of Scenic Heights Road #212. (Reconsideration of Motion for Ordinance No.29-92.-Zoning District Change from Rural to R1-13.5, and Resolution No. 92-167 - Preliminary Plat) Continued from August 18, 1992 B. BIG WOODS DISCUSSION Continued from August 18, 1992 Page 19� City Council Agenda Tuesday, September 15, 1992 Page Three C. LEIGHTON'S GARAGE by Hoyt Development Company. Page 1976 Request for Zoning District Amendment within the existing I-2 Park Zoning District on 1.7 acres; Site Plan Review on 1.7 acres within the I-2 Park Zoning District; Preliminary Plat on 1.89 acres into one lot and road right-of-way; and Shoreland Variances and Zoning Code variances to be reviewed by the Board of Appeals and Adjustments. Location: South of County Road#67, north and east of Nine Mile Creek. (Ordinance No. 34-92-Zoning District Amendment within the I2 Park Zoning District; and Resolution No. 92-202 - Preliminary Plat) D. BLUFFS EAST 13TH ADDITION by Hustad Development Page 1985 Corporation. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on .69 acres; Rezoning from Rural to RM-6.5. on .30 acres; Rezoning from Rural to R1-13.5 on 2.06 acres; PUD Concept Review on 186 acres; Preliminary Plat of 3,1 acres into 10 lots. Location: North of Franlo Road, west of County Road 18. (Resolution No. 92-203 - Comprehensive Guide Plan Change; Ordinance No. 35-92 - Rezoning from Rural to RM-6.5 and Rezoning from • Rural to R1-13.5; Resolution No. 92-204 - PUD Concept; and Resolution No. 92-205 - Preliminary Plat) E. WOODLAKE SANITARY SERVICE - EQUIPMENT Page 1995 BUILDING (BFI) by Rutledge Construction Company. Zoning District Change from Rural to I-2 Park on 1.85 acres and Site Plan Review within the I-2 Park Zoning District on 1.85 acres for construction of a 2,200 square foot storage building. Location: 9813 Flying Cloud Drive. (Ordinance No. 36-92 - Rezoning from Rural to 1-2 Park) F. STARKEY LABORATORIES by Gavic Construction Corp. Page 2002 Request for PUD Concept Amendment on 20 acres, PUD District Review within the I-5 Zoning District on 5.57 acres with a waiver, and Site Plan Review on 5.57 acres. Location: 6600 Washington Avenue. (Resolution No. 92-208 PUD Concept Amendment; and Ordinance No. 33-92-PUD-6-92 PUD District Review) V. PAYMENT OF CLAIMS Page 2009 VI. ORDINANCES AND RESOLUTIONS A. Resolution 92-200, Certifying the Proposed 1993 Tax Levy Page 2010 Approving the Proposed 1993 City Budget City Council Agenda Tuesday, September 15, 1992 Page Four VII. PETITIONS. REQUESTS AND COMMUNICATIONS A. Petition for an Environmental Assessment Worksheet MAW) Page 2014 for Fairfield West Subdivision. VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & • COMMITTEES U. APPOINTMENTS A. Appointment of 1 member to the Board of Appeals & Adjustments to fill an unexpired term to 2/28/94 (Continued from September 1, 1992) X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Additional Compensation for City Council Page 2025 B. Rensirt ot Gly Manager • C. Report of Director of Parks. Recreation & Natural Resource D. Report of Director of Planning E. Report of Director of Public Works 1. Award Contract for Purgatory Creek Wetland Restoration. I.C. 52-273 (Resolution No. 92-198) 2. Erosion Control Policy (Continued from 9/1/92) Page 2030 F. Report of City Attorney G. Report of Finance Director 1. Lease for Liquor Store No. 1 (Continued from September 1, 1992) XI. OTHER BUSINESS XII. ADJOURNMENT • City of Eden Prairie Hennepin County, Minnesota PROCLAMATION WHEREAS, communication and leadership skills are vital skills in ensuring the continued growth of individuals and business in the United States and throughout the world; and WHEREAS, Toastmasters International is the largest non-profit worldwide organization dedicated to communication and leadership excellence; and WHEREAS, there are over 5,000 members in the State of Minnesota, in some 250 clubs, including six clubs in the City of Eden Prairie, Minnesota; and WHEREAS, Toastmasters in Eden Prairie, Minnesota businesses, schools, communities, and organizations, are dedicated to helping people from all walks of life improve their communication and leadership skills throughout the City of Eden Prairie; NOW, THEREFORE, I, Douglas Tenpas, Mayor of the City of Eden Prairie, do hereby proclaim October 1992 as TOASTMASTERS MONTH in the City of Eden Prairie. Proclaimed this 15th day of September, 1992 Douglas B. Tenpas, Mayor f��S UNAPPROVED MINUTES • JOINT CITY COUNCIL/WASTE MANAGEMENT COMMISSION MEETING TUESDAY, SEPTEMBER 1, 1992 6:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock WASTE MANAGEMENT COMMISSION: Chair Tim Colliton, Vice Chair Cindy Adalbert, Sherie Bentley, Sharon Howard, Jan Mosman, Julie Myhre, and Bart Schultz STAFF: City Manager Carl J. Jullie, and Assistant to the City Manager Craig W. Dawson I. CALL TO ORDER - ROLL CALL Mayor Tenpas called the meeting to order at 6:30 p.m. Jessen was absent. • II. WASTE MANAGEMENT COMMISSION ISSUES Commissioners reported on the various accomplishments during the past year and updated the Council regarding current projects. Accomplishments 1991-1992 Recycling in multi-family housing and businesses were significant goals which were met by the Commission in 1991-92. In addition, the Commission had become more visible through a variety of articles in the City newsletter, City newspapers, and in presentations made to the schools in Eden Prairie. Public Information Activities Education was deemed one of the most important responsibilities, but their concern was that their efforts be effective. A poster program was being considered for 1993, as was the use of the Small Change Original Theater for interactive audience participation presentations in the schools. Interaction with Schools Commissioners had found the school children well-informed and good educators of their parents. Focus for the future would go beyond reduce, reuse, and recycle to showing the children how to choose products which were more environmentally safe. For example, reusable lunch bags would soon be available at Team Choice retail store with an Eden Prairie schools logo. Prairie View Elementary School already had their own reusable lunch bag available for students. Joint Meeting of City Council and Waste Management Commission -2- September 1, 1992 • Status of Recycling Activities Compared to the rest of Hennepin County, Eden Prairie was the most cost effective program available. Required waste reduction was 18%, but actual reduction amounted to 23%. Organized Collection of Refuse and Recyclables Commissioners were investigating the practices of other communities for type and amount of services offered, as well as customer satisfaction with the various services. It was noted that requiring all haulers to have a contract with the City to provide specific services under specific conditions seemed to provide the greatest satisfaction to customers at the least cost. Councilmembers raised concerns about recycling including: problems from several haulers collecting in one neighborhood on the same day with the resultant road wear and noise problems; the need for better alternatives for disposal of hazardous waste; and consistency of services provided by haulers, e.g., only one hauler collects magazines for recycling. Commissioners suggested ways in which these concerns could be managed in a contract between the haulers and the City. Future Directions The Commission would be focusing on pollution prevention and waste • reduction in the future and would direct their energies toward education of the public on these issues. Councilmembers discussed the need to concentrate on water and air quality issues in the City, as well. It was noted that the City of Eagan had recently begun such a program, the focus of which was to make citizens aware of the consequences of their actions with respect to water and air quality. The Council asked for recommendations from the Waste Management Commission. III. ADJOURNMENT Mayor Tenpas adjourned the meeting at 7:25 p.m. • (9 r) UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL *TUESDAY, SEPTEMBER 1, 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 7:30 p.m. Jessen was absent. PROCLAMATION FOR LITERACY AWARENESS MONTH IN EDEN PRAIRIE Mayor Tenpas presented a Proclamation declaring September as "Literacy Awareness Month" in the City to the Literacy Action Committee of the South Hennepin Adult Programs in Education (SHAPE) agency. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.1.. Commendation for Mosquito Coast Volleyball Team: X.A.2.. Report on Activities of League of Minnesota Cities; and X.A.5., Supporting Expansion of Eden Prairie Library. Anderson added Item X.A.3.. Pedestrian Safety Along Plaza Drive. and X.A.4.. Per Diem Compensation for Councilmembers. Jullie added Item X.D.3.. Adoption of Resolution No. 92-197. Approving Plans and Specifications and Ordering Advertisement for Bids for Purgatory Creek Wetland Restoration MOTION: Pidcock moved, seconded by Harris, to approve the agenda as amended. Motion carried unanimously. A. Request from Donald Atkins to Speak to Erosion Problems within the City of Eden Prairie (Continued from August 18, 1992) Don Atkins, 9580 Eden Prairie Road, spoke of concerns for erosion control practices in the City. He said one problem was that developers often failed to remove the erosion control barriers after construction was complete, leaving unsightly conditions exposed. Atkins gave examples of several projects in Eden Prairie where erosion control was ineffective and suggested stronger enforcement by the City was necessary. Councilmembers discussed inclusion of stricter requirements in developer's agreements for new projects, possible ordinance amendments, and review of erosion control at a commission level for better control of erosion matters. They also expressed concern for water quality on the City if the problems continued. 1U 1 City Council Minutes 2 September 1, 1992 Dietz said he would prepare a report for Council review at its next available meeting. Council directed that Atkins be notified when the issue would return to the agenda. • II. MINUTES A. Joint City Council/Human Rights & Services Commission meeting held Tuesdays August 18, 1992 MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the Joint City Council/Human Rights and Services Commission meeting held August 18, 1992, as submitted. Motion carried unanimously. B. City Council meeting held Tuesday. August 18. 1992 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the regular City Council meeting held August 18, 1992, as submitted. Motion carried unanimously. C. City Council/Staff Workshop Meeting_held Tuesday. August 25. 1992 MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the City Council/Staff Workshop meeting held August 25, 1992, as submitted. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List • B. Final Plat Approval of Bluffs East 12th Addition (located west of Franlo Road) Resolution No. 92-188 C. Final Plat Approval of Boulder Pointe 4th Addition (located south of Mitchell Road) Resolution No. 92-186 D. Approval of Bid for Grading of Miller Park E. Final Plat Approval of Bell Oaks Estate (located on the south side of Riverview Road in Section L6 Resolution No. 92-193 F. Resolution No. 92-194 Supporting Southwest Metro Transit Commission's Proposal to Add Mid- Day Bus Service in the City of Eden Prairie G. Approval of Request from Parks. Recreation & Natural Resources Commission to Set a Joint Meeting for October 6. 1992 at 6:00 PM MOTION: Pidcock moved, seconded by Anderson, to approve Items A - G on the Consent Calendar to include approval of Item C, Boulder Pointe 4th Addition Final Plat, with the street name "Westhill Pointe." Motion carried unanimously. • City Council Minutes 3 September 1, 1992 IV.PUBLIC HEARINGSIMEETINGS • A. Final Assessment Hearing for Spoon Ridge Demolition Project. I.C. 52-265 (Resolution No. 92- 184) This assessment hearing was held at this time to streamline the process for disposition of the property involved. There were no comments from members of the audience. MOTION: Anderson moved, seconded by Harris, to: 1) Close the public hearing; and 2) Adopt Resolution No. 92-184 to approve I.C. 52-265. Motion carried unanimously. B. CASCADE TOWNHOMES by Sunset Homes Corporation. Request for PUD Concept Review on 60 acres; PUD District Review on 6.35 acres with waivers; Zoning District Amendment within the existing RM-6.5 Zoning District on 6.35 acres; Preliminary Plat of 6.35 acres into 18 lots and 3 outlots; Site Plan Review on 6.35 acres. Location: Dell Road and Cascade Drive. (Resolution No. 92-189 - PUD Concept; Ordinance No. 30-92-PUD-7-92 - PUD District Review and Zoning District Amendment within the existing RM-6.5 Zoning District; and Resolution No. 92-190 - Preliminary Plat) • Dick Putnam, Tandem Properties, owner of the property, and Paul Donnay, developer of the project, reviewed the proposed 18-unit townhouse development, comparing it to the previously approved 20- unit townhouse project for this site. Enger reported that the Planning Commission recommended approval of the item at its meeting August 10th. Lambert reported that the Parks, Recreation and Natural Resources Commission also recommended approval at its meeting on August 17th. There were no comments from the audience. MOTION: Pidcock moved, seconded by Anderson, to: 1) Close the public hearing; 2) Adopt Resolution No. 92-189 approving the PUD Concept; 3) Approve 1st Reading of Ordinance No. 30-92-PUD-7-92 to approve the PUD District Review and Zoning District Amendment; 4) Adopt Resolution No. 92-190 approving the Preliminary Plat; and 5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendation and siltation fences and that developer shall be responsible for removal of siltation fences. • Motion carried unanimously. City Council Minutes 4 September 1, 1992 C. VACATION 92-06 - Outlot E Preserve Commercial Park South (Resolution No. 92-183) Staff had determined that the sanitary sewer easement within Outlot E, Preserve Commercial Pall South, located to the south of the east end of Medcom Boulevard, was no longer needed to serve a public purpose. There were no comments from the audience. MOTION: Anderson moved, seconded by Harris, to: 1) Close the public hearing; and 2) Adopt Resolution No. 92-183 to vacate the easements. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Anderson moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Pidcock, and Tenpas voting "aye." VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS. REOUESTS AND COMMUNICATIONS A. Receive 100% Petition from Hustad Development Comnanv for Storm Sewer Improvements le Bluffs East 6th. 7th and 11th Additions. I.C. 52-272 (Resolution No. 92-177) Hustad Development Company requested approval of public storm sewer improvements to the Bluffs East 6th, 7th, and 11th Additions by submitted a 100% petition for the improvement. MOTION: Harris moved, seconded by Anderson, to adopt Resolution No. 92-177 ordering the Improvements in I.C. 52-272 with the added provision that the contractor be held responsible for removal of erosion control fencing upon completion of the work. Motion carried unanimously. VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES A. Request by the Historical & Cultural Commission for Additional Funding for a Planned Storage Facility at Staring Lake Park (Continued from August 18, 1992) MOTION: Harris moved, seconded by Pidcock, that, of the $60,000 in the 1992 Budget no longer needed for rail-to-trail improvements, that $30,000 be designated for improvements for the stage and storage structure at the Staring Lake Amphitheater and that the remaining $30,000 be applied toward reduction of the 1993 budget. Motion carried unanimously. IX. APPOINTMENTS A. A ointment of 1 member to the Plannin ommission o fill an unex it d term 2/28/ (Continued from August 18, 1992) Due the resignation of Jim Hawkins, a vacancy existed on the Planning Commission for a term to expire February 28, 1994. Anderson nominated Cynthia Clish. City Council Minutes 5 September 1, 1992 MOTION: Harris moved, seconded by Pidcock to close nominations and appoint Cynthia Clish to the unexpired term of James Hawkins on the Planning Commission ending February 28, 1992. Motion • carried unanimously. B. Appointment of 1 member to the Board of Appeals & Adjustments to fill an unexpired term to 2/28/94 (Continued from August 18, 1992) Due to the resignation of Neil Akemann, a vacancy existed on the Board of Appeals and Adjustments for a term to expire February 28, 1994. Tenpas nominated G. D. "Jerry" Herman. Pidcock nominated Joan K. Meyers. MOTION: Harris moved, seconded by Pidcock to close nominations. Motion carried unanimously. Upon balloting, the vote was recorded as a tie between the two nominees. Because of the tie vote, Councilmembers agreed to continue this item to the September 15th meeting when all members would be present. X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Commendation for Mosquito Coast Volleyball Team Pidcock reported that the Eden Prairie volleyball team, the Mosquito Coast, had taken 11th place • nationally. Councilmembers agreed that a commendation should be issued congratulating the team on its national showing. 2. League of Minnesota Cities Pidcock, a member of the Board of Directors of the League of Minnesota Cities, presented the Council with a report about the League activities and services and said she would continue to keep the Council informed of her work on the Board. 3. Pedestrian Safety Along Plaza Drive Anderson expressed concern about pedestrian safety along the east/west portion of Plaza Drive, noting that people frequently walk in this area between the auto repair businesses and the shopping center, without the benefit of sidewalk or trail. He suggested installation of either a trail, a sidewalk, or both in this area for safety purposes. Dietz stated he would review the area and report back to the Council about possible improvements and possible funding solutions. 4. Per Diem for Councilmembers • Anderson indicated concern that this item had been continued from the previous meeting, but had not appeared on the agenda. After brief discussion, Councilmembers concurred the item should be continued to the September 15th meeting when all members would be present. lti City Council Minutes 6 September 1, 1992 5. Expansion of the Eden Prairie Branch of Hennepin County Library Pidcock noted that the City had received a letter regarding the expansion of the librar* Councilmembers concurred that a letter from the City should be forwarded to the County supporting the expansion of the library and expanded service to the citizens of Eden Prairie. B. Report of City Manager 1. Reschedule City Council Meeting of December 1. 1992 to December 8. 1992 (Continued from August 18, 1992) MOTION: Pidcock moved, seconded by Harris, to reschedule the December 1, 1992, regular Council meeting to December 8, 1992. Motion carried unanimously. 2. Ordinance No. 32-92. Granting a Franchise to Northern States Power (NSP) Jullie reported on the proposed ordinance granting a franchise to NSP for service of electricity to Eden Prairie and setting the terms and responsibilities of NSP and the City for the use and disturbance of public ways and public grounds. Councilmembers discussed the situation of overhead lines being replaced with underground lines in the older neighborhoods of the City. Mario Peterson and Peter Carney from NSP explained the additional costs involved and the difficulties with making such a transition. Fees to the homeowner included a permanent $2.00 monthly charge, construction cost of approximately $500 to bury the individual service, plus the cost to bury the system, in addition to replacing, at their own expensW the disturbed landscaping in front of their homes. Councilmembers agreed that funds to be collected by the ordinance provisions could be allocated toward burying such lines on an incremental schedule. MOTION: Harris moved, seconded by Anderson, to approve the 1st Reading of Ordinance No. 32- 92 to grant a Franchise to Northern States Power. Motion carried unanimously. C. Report of Director of Public Works 1. Tree Planting in the Right-of-Way (Continued from August 18, 1992) Councilmembers discussed the recommendations of the memorandum and agreed that, while it may be impractical to have boulevard trees on every street, it was possible to have boulevard trees planted in specific areas, such as the Major Center Area, the City Hall (CPT) site, and the area around Scenic Heights and Mitchell Road. Dietz said a partnership matching program for planting trees within the right-of-way was a possible funding source through the Minnesota Department of Transportation and that he would research the possibility and report back to the Council. Dietz reported that the State and County had been required to plant trees as part of their road construction projects through the City, including Crosstoll Highway No. 62 and Highway No. 5 improvements. Council directed Staff to develop a policy urging tree planting at the time of development for new development and road construction projects in the City and for having trees replacement requirements City Council Minutes 7 September 1, 1992 on heavily wooded lands fulfilled by planting trees in public areas, such as the boulevard areas • mentioned. 2. Award Contract for Phase I of Braxton Drive Improvements. I.C. 52-189 (Resolution No. 92- 185) MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 92-185 to Award the Contract for I.C. 52-189. Motion carried unanimously. 3. Approving Plans and Specifications and Ordering Advertisement for Bids for Purgatory Creek Wetland Restoration. I.C. 52-273 (Resolution No. 92-197) MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No. 92-197,approving plans and specifications and ordering advertisement for bids for the Purgatory Creek Wetland Restoration Project, I.C. 52-273. Motion carried unanimously. F. Report of Finance Director 1. Lease for Liquor Store No. 1 Frane explained the lease proposals submitted by Prairie Village Mall and Prairie Courts Mall for the City's Liquor Store No. 1. • Councilmembers discussed the differences in lease rates, advantages of the various features of the two shopping centers, and potential loss of customers. Council directed Staff to work with both proposals to compare final costs and to report back to the Council at the next meeting. MOTION: Pidcock moved, seconded by Harris, to continue this item to the September 15th meeting. Motion carried unanimously. XL OTHER BUSINESS XII. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to adjourn the meeting. Mayor Tenpas adjourned the meeting at 9:30 p.m. • 4111 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 15, 1992 CONTRACTOR (MULTI-FAMILY & COMM. ) GAS FITTER Adolfson & Peterson, Inc. Jerry's Plumbing Bloomington Garden Center & Landscaping Jobco Plumbing Karkela Construction River Cities Mechanical John Patton HEATING & VENTILATING PLUMBING Custom Refrigeration , Inc. Jobco Plumbing Ken ' s Sewer Service Co. 4111 Robillard Plumbing & Maintenance These licenses have been approved by the department heads responsible for the licensed activity. r (}164 Pat Solie Licensing CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA • ORDINANCE NO. 3 2--9,Z AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF EDEN PRAIRIE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMLSSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS,AND OTHERS,AND TO USE THE PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. DEFINITIONS. 1.1. "City Utility System" means the facilities used for providing sewer, water, storm sewer, or any other municipal utility service owned or operated by City or agency thereof. • 1.2. "Company" means Northern States Power Company, a Minnesota corporation, its successors and assigns. 1.3. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Area Manager thereof at 5505 County Road 19, Shorewood, Minnesota, 55387. Notice to City shall be mailed to the City Clerk. 1.4. "Public Way" means any street, alley, or other public right-of-way within the City. 1.5. "Public Ground" means land owned by the City for park, open space or other purpose, which is held for use in common by the public including Public Ways located within Public Grounds. 1.6. "Electric Facilities" means electric transmission and distribution towers, poles, lines, guys, anchors, ducts, fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public use. • 1 ' s SECTION 2. GRANT OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the • effective date of this Ordinance, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of City as its boundaries now exist or as they may be extended in the future, subject to the terms and conditions contained herein. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and such Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to zoning ordinances, other applicable ordinances, permit procedures, and to the further provisions of this franchise. 2.2 Effective Date Written Acceptance. This franchise shall be in force and effect from and after its passage and acceptance by the Company, and its publication as required by law. An acceptance by Company must be filed with the City Clerk within 90 days after publication. 2.3 Service Rates. The service to be provided and the rates to be charged by Company for electric service in City currently are subject to the jurisdiction of the Minnesota Public Utilities Commission. SECTION 3. RESTRICTIONS 3.1 Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways, and they shall be located on Public Ground only as determined in its sole discretion by City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of City. 3.2 Field Locations of Facilities. Company shall provide field locations for any of its underground Electric Facilities within a reasonable period of time on request by City. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for Company. 3.3 Street Openings. Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from City, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify City by telephone through the office designated by City before opening or disturbing a paved surface of a Public Way or Public Ground. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 21110 Ic) • 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two years thereafter, The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration at the expense of Company. Company shall pay to City the cost of such work done for or performed by City, including its administrative expense and overhead, plus ten percent (10%) additional as liquidated damages. This remedy shall be in addition to any other remedy available to City. 3.5 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water, utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. TREE TRIMMING Company may trim all trees and shrubs in the Public Ways and Public Ground of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save City harmless from any liability • arising therefrom, and subject to permit or other reasonable regulation by City. SECTION 5. RELOCATIONS 5.1 Relocation of Electric Facilities in Public Ways. Except as provided in Section 5.3, if City determines to vacate for a City improvement project, or to grade, regrade, or change the line or the use of any Public Way or part thereof, or construct or reconstruct any City Utility System in any Public Way, it may order the Company, upon reasonable notice, to relocate its Electric Facilities located therein. Company shall relocate its Electric Facilities at its own expense. City shall give the Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, City shall reimburse Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. • 3 I( 5.2 Relocation of Electric Facilities in Public Grounds. Except as may be provided in Section 5.3, City may require Company to relocate or remove its Electric Facilities from ill Public Ground upon a finding by City that the Electric Facilities have become or will become an impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Company's expense. The provisions of 5.2 apply only to Electric Facilities constructed in reliance on a franchise and Company does not waive its rights under an easement or prescriptive right. 5.3 Proiects With State or Federal Funding Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through of a federally-aided highway project shall be governed by the provisions of Minn. Stat. §161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the expense resulting therefrom are first paid to Company, but City need not pay those portions of such for which reimbursement to it is not available. 5.4 Liability. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. SECTION 6. INDEMNIFICATION. 6.1 Company shall indemnify, keep and hold the City free and harmless from any and III all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in City. City shall not be indemnified for losses or claims arising out of its own negligence, except for losses or claims arising out of or alleging City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend City in such suit if, written notice thereof is given Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to City; and Company, in defending any action on behalf of City shall be entitled to assert in any action every defense or immunity that City could assert on its own behalf. 4 • 1 ►`1) SECTION 7. VACATION OF PUBLIC WAYS. 10 City shall give Company at least two (2) weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City street or other improvement project as provided in Section 5, the vacation of any Public Way, after the installation of Electric Facilities,shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities,until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way, under Minn. Stat. §160.29. SECTION 8. FRANCHISE FEE. 8.1 Separate Ordinance. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, City may impose on Company a franchise fee of not more than five percent of Company's gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 10.2 shall constitute the sole remedy for solving disputes between Company and City in regard to the interpretation of, or enforcement of the separate ordinance. A separate ordinance which does not impose a uniform fee on all revenues within the definition of gross revenues shall not be effective against the Company. 8.2 Terms Defined. The term "gross revenues" means all sums,excluding any surcharge or similar addition to Company's charges to customers for the purpose of reimbursing Company for the cost resulting from the franchise fee, received by Company from the sale of electricity to its retail customers within the corporate limits of the City. 8.3 Collection of the Fee. The franchise fee shall be payable not less often than quarterly, and shall be based on the gross revenues of Company during complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service, Company may pay City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectible or customer refunds. The time and manner of collecting the franchise fee is subject to the approval of the Public Utilities Commission, which Company agrees to use best efforts to obtain. Company agrees to make its gross revenues records available for inspection by City at reasonable times. • 5 ''}rL` 8.4 Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often is collects a fee or tax of the same or greater percentage on the receipts from sales or energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. SECTION 9. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of City shall not affect the validity of this Ordinance. Any governmental unit succeeding City shall, without the consent of Company, succeed to all of the rights and obligations of City provided in this Ordinance. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. 10.2 Default. If either party asserts that the other party is in default in performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to interpret and • enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. 10.3 No Third Party Benefit. This Ordinance constitutes a franchise agreement between City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at Iarge) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 10,4 Amendment. This Ordinance may be amended at any time by City passing a subsequent Ordinance declaring the provisions of the amendment, which amendatory Ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory Ordinance. SECTION 11, PUBLICATION EXPENSE The expense of publication of this franchise Ordinance shall be paid by Company. 6 • I9p { SECTION 12. 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 , 199_, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1992. Douglas B. Tenpas, Mayor ATTEST: John Frane, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1992. 7 ic3 ?, EXCERPTS OF MINUTES OF MEETING • OF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN, COUNTY MINNESOTA , 19_ A meeting of the City Council of the City of Eden Prairie, Minnesota, duly called, convened, and held in accordance with law, was called to order by Mayor on the _ day of , 19_, at o'clock _.m. at the Council Chamber in said City. The following members, constituting a legal quorum were present: Councilperson introduced a certain Ordinance No. entitled: • AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, 1TS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF EDEN PRAIRIE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, AND ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. and on motion made, seconded, and duly adopted, the above-entitled Ordinance was read. Thereafter a motion was made by Councilperson and seconded by Councilperson that the above-entitled Ordinance be adopted as read and in its entirety. On roll call the vote was as follows: • AYES NAYS The Mayor then declared said motion duly carried and the above-entitled Ordinance duly passed and adopted, and ordered the City Clerk to publish the same in accordance with the law in such case made and provided. I DO HEREBY CERTIFY that I am City Clerk of the City of Eden Prairie, Hennepin County, Minnesota, and that I am custodian of its records, that the above is a true and correct copy of a part of the minutes of the meeting of the City Council of said City held on , 19_. • City Clerk CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-206 A RESOLUTION APPROVING FINAL PLAT OF WINDFIELD 3RD ADDITION WHEREAS, the plat of Windfield 3rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Windfield 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 9, 1992. B. That the City Clerk is hereby directed to supply a certified copy of this • Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on September 15, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • iL T MEMORANDUM • TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: September 9, 1992 SUBJECT: Final Plat of Windfield 3rd Addition (Resolution No. 92-206) PROPOSAL: The Pemtom Company has requested City Council approval of the final plat of Windfield 3rd Addition. Located at the southwest quadrant of Dell Road and Highway 5, this proposal is a further subdivision of Outlot C of Windfield 1st Addition. The plat consists of 65 single family lots, right-of-way dedication for street purposes, and one outlot to be further subdivided at a future date. HISTORY: The preliminary plat was approved by the City Council December 3, 1991, per Resolution No. 91-246. Second Reading of Ordinance No. 31-91-PUD-11-91 was finally read and approved by the City Council January 21, 1992. The Developer's Agreement referred to within this report was executed January 21, 1992. VARIANCES: A variance was granted from City Code Chapter 11, Shoreland Management Code, to permit smaller lot sizes and narrower lot widths through Variance No. 91-032. All other variance requests must be processed through the Board of Appeals and Adjustments. UTILITIES AND STREETS: All municipal utilities, streets and walkways will be installed throughout this project in conformance with the requirements of City Code and the Developer's Agreement. Prior to release of the final plat, the Developer shall provide the City Engineer and obtain the City Engineer's approval of detailed construction plans for all public improvements to be installed within this project. • 19G, Final Plat of Windfield 3rd Addition Resolution No. 92-206 Page 2 of 2 September 9, 1992 • BONDING: Financial surety for the installation of all public improvements must be provided prior to release of final plat. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Windfield 3rd Addition subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of street sign fee in the amount of $1,130. 2. Receipt of street lighting fee in the amount of $8,316. 3. Receipt of engineering fee in the amount of $2,600. 4. Receipt of and approval of construction plans. 5. Satisfaction of bonding requirements. JJ:ssa cc: Dan Herbst, Pemtom Company James R. Hill & Associates • 1 4111 CHANGE ORDER #4 Date: 8/27/92 To: City of Eden Prairie City Improvement Contract #: 52-225 Project Name: Cedar Ridge Estates 2nd Addition Contractor: Richard Knutson, Inc. Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: 1. Remove rings on catch basin due to house being built too low. Developer requested the change. 2. Replace irrigation system at school district. 3. Add grading and 8" PVC under bike path near school road. 4. Add enkamat at pond for erosion control purposes. Adjustment to Contract Price: 1. Add labor and material costs. $ 391.50 2. Add labor and material costs. $ 310.49 3. Add labor and material costs. $ 130.50 4. Add labor and material costs. $ 258.00 411, Total Increases: $ 1 ,090.49 Summary of Contract Changes: Contract Amount prior to Change Order #1: $482,698.99 Net Increase resulting from Change Order #1: 10,101.19 Net Increase resulting from Change Order #2: 2,288.50 Net Increase resulting from Change Order #3: 8,200.50 • Net Increase resulting from Change Order #4: 1 ,090.49 Current Contract Amount including Change Orders #1, #2, #3 & #4: $504 ,379.67 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinenel� Olson Inc. City of Eden Prairie By /fa���C.��._=f r,,1.�-._., By Date f hi 4 Z Date THE ABOVE CHANGES ARE ACCEPTED: By (U%4111 Date F/2//7a 4111 CHANGE ORDER ##4 Date: 8/27/92 To: City of Eden Prairie City Improvement Contract #: 52-224, 52-223 , 52-199 Project Name: Bluffs West 9th Add. , Bluffs East 8th, Bluestem Ridge, Hawk High Ridge Contractor: Richard Knutson, Inc. Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: Bluffs East 8th I.C. 52-223 1. Extra work necessary to install storm sewer under water line. Water line was installed after original bid occurred. 2. Raise catch basin due to change in grades from developer after work was completed. Adjustment to Contract Price: 1. Add labor and material costs. $ 1,080.00 2. Add labor and material costs. $ 492.25 4111 Total Increases: $ 1,572.25 Summary of Contract Changes: Contract Amount prior to Change Order #1: $ 295,493.80 • Net Increase resulting from Change Order #1: 54,101.95 Net Increase resulting from Change Order #2: 9,044.50 Net Increase resulting from Change Order #3: 2,934.00 Net Increase resulting from Change Order #4: 1,572.25 • Current Contract Amount including Change Orders #1 , #2 , #3 & #4: $ 363,146.50 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson Inc. City of Eden Prairie By 77S7- C. .- • By Date ,r"?Y- ! z Date THE ABOVE CHANGES ARE ACCEPTED: Richard Knutson Inc. BY Gai/?ll.,.;-, 4111 Date R-./3 ,� 1110 CHANGE ORDER #4 Date: 8/27/92 To: City of Eden Prairie City Improvement Contract #: 52-212 Project Name: Eden Hills (Bluffs E. 11th) Contractor: Brown & Cris , Inc. Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: 1. Turn top slab on existing manhole so it fits the curb line. 2. Install step in existing manhole after top slab was turned. Adjustment to Contract Price: 1. Add labor and material costs. $ 521.75 2. Add labor and material costs. $ 377.18 411/ Total Increases: $ 898.93 Summary of Contract Changes: • Contract Amount prior to Change Order #1 : $450 ,754.75 Net Increase resulting from Change Order #1: 4,841.16 Net Increase resulting from Change Order #2: 36,276.65 Net Increase resulting from Change Order #3: 1 ,155.14 • Net Increase resulting from Change Order #4: 898.93 Current Contract Amount including Change Orders #1, #2, #3 & #4: $493,926.63 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson Inc. City of Eden Prairie 1 By ���- /6„)( ,./Ci..r� By Date ?),.z?ly Z, Date THE A:e , CHANGES ARE ACCEPTED: By// u �� • ICIu30 .+NiDOT TP-02134-03(5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. 52-125 SUPPLEMENTAL AGREEMENT No. 1 Sheet 1 of 6 C,)n tor: Federal Project: State Project No.: a Construction Company SAP 181-108-03 Aucress: Location: PO Box 669 Dell Road to Twilight Trail Black River Falls, WI 54615-0669 Pro.No. F.Y. Account I.D. DeptJDiv. Sequence No. Suffix Object Vendor Typo Amount 01 V 1 Pjrchase Terms Asset No. C.CD.1 C.CD.2 C.CD.3 C.CD.4 C.CD.S 000NET TYPE OF A40 ( ) A41 ( ) Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by This contract is amended as follows: WHEREAS: This contract provides for, among other things, the construction of concrete structures; and WHEREAS: Mn/DOT has developed a program for the quality control of concrete production under a certification program for ready-mixed concrete plants; and III WHEREAS: Effective June 1, 1992, it will be the responsibility of the Contractor to make certain that all of the ready-mix concrete being used on this contract is being produced by a certified concrete plant that is participating in the program; and • WHEREAS: The State has determined that due to the additional requirements placed on the ready-mix producer, the Contractor shall be compensated for the costs incurred in complying with this agreement. • NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The Contractor shall obtain all of the ready-mixed concrete used on this contract from a certified concrete plant capable of meeting all the requirements of Mn/DOT Standard Specification 1604 and 261. 2. It is the Contractor's responsibility to ensure that his ready-mix producer adheres to all the following requirements: APPROVED: APPROVED: Original Contract _ Commissioner of Commisisoner of . �r Administration Finance Dated.'—I�1 1jj-1-4)-1/- �,i� r ct Engineer.. 7-' ' 5L d/ B Approved as to form Dated .LJ 1 w� y Contr ctor and execution Dated 104/92 d2 LYIi(J Dated f Dated �,t Istrict ngineor Assistant Attorney General Dated Agency Head Original to State Auditor— Copy to Agency 1 C1 1 City of Eden Prairie • Hennepin County, Minnesota PROCLAMATION WHEREAS, We the People did ordain and establish a Constitution for the United States of America to secure the blessings of liberty for ourselves and our posterity; and WHEREAS, it is important that all citizens fully understand the provisions, principles and meaning of the Constitution so they can support, preserve, and defend it against encroachment; and WHEREAS, the President and the Congress of the United States have designated September 17 as Citizenship Day and the week of September 17-23 as Constitution Week; and WHEREAS, the people of the City of Eden Prairie do enjoy the blessings of liberty, the guarantees of the Bill of Rights, equal protection of the law under the Constitution, and the freedoms derived from it; NOW, THEREFORE, I, Douglas Tenpas, as Mayor of the City of Eden Prairie, do hereby proclaim September 17, 1992 110 as CITIZENSHIP DAY and September 17 - 23, 1992 as CONSTITUTION WEEK and invite every resident and institution to join in the national commemoration. Proclaimed this 15th day of September, 1992 Douglas B. Tenpas, Mayor • • BLUFFS E. 10TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.25-91-PUD-8-91 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 R1-22 District and be placed in the Planned Unit Development 25-91-PUD-8-91 District (hereinafter "PUD 8-91-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's •greement dated as of September 15, 1992, entered into between Hustad Development, a Minnesota Corporation, and the City of Eden Prairie(hereinafter "Developer's Agreement"). The Developer's Agreement terms and conditions of PUD 8-91-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 8-91-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 8-91-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD 8-91-R1-13.5 are justified by the design of the development described therein. D. PUD 8-91-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 District and shall be included hereafter in the Planned Unit Development 8-91-R1-13.5 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph 03, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are here 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 20th day of August, 1991, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of September, 1992. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of , 199_. • • EXHIBIT A • LEGAL DESCRIPTION • Legal Description for Preliminary Plat of Bluffs East 10th Addition Lot 7, Block 1, Lots 1, 2, 3, 4, 5, and 8, Block 2, Outlot 0, all in CREEK KNOLLS, Hennepin county, Minnesota. Together with that part of Outlot A said CREEK KNOLLS described as follows: Commencing at the most northerly corner of Outlot D, said CREEK KNOLLS; thence on an assumed bearing of South 80 degrees 39 minutes 16 seconds East, along the northerly line of said Outlot D, 91. 04 feet; thence South 1 degree 02 minutes 18 seconds West a distance of 170. 65 feet; thence South 87 degrees 17 minutes 00 seconds East a distance of 38. 52 feet to its intersection with the westerly curve of Outlot C, said CREEK KNOLLS; thence southwesterly, along said westerly curve, 29. 44, feet said curve having a radius of 60 feet and a chord bearing of South 37 degrees 46 minutes 23 seconds West; thence South 74 degrees 19 minutes 42 seconds West, not tangent to last described curve, to its intersection with the easterly line of said Outlot A, said Intersection being the actual point of beginning; thence continuing South 74 degrees 19 minutes 42 seconds West a • distance of 76. 50 feet; thence North 23 degrees 00 minutes 00 seconds West a distance of 152. 62 feet to the southerly line of Lot 7, Block 2, said CREEK KNOLLS; thence South 86 degrees 45 minutes 46 seconds East, along said southerly line, to the westerly line of Lot 8, Block 2, said Creek Knolls; thence southwesterly, along the westerly line of said Lot 8, to the most westerly corner of said Lot 8; thence southeasterly, along the southwesterly line of said Lot 8, to the most southerly corner of said Lot 8; thence southerly, along the easterly line of said Outlot A, to the actual point of beginning. Together with that part of Outlot A which lies northeasterly of a line drawn from the southwest corner of Lot 5, Block 2, to the most southerly corner of Lot 7, Block 1, all in CREEK KNOLLS, Hennepin County, Minnesota. Together with those portions of Out/ ots C, E, F, G and H, CREEK KNOLLS lying southwesterly of the following described line: Beginning at the most easterly corner of Lot 3, Block 1, said CREEK KNOLLS; thence southeasterly along the northerly line of Outlot H. in said CREEK KNOLLS, to the intersection with a line drawn concentric with, and 50 feet southerly from, the southwesterly line of Lot 1, Block 5, BLUFFS EAST FOURTH ADDITION; thence easterly concentric with said southwesterly line and its continuation 162. 62 feet; thence easterly 167. 55 feet along a reverse curve, concave to the south, having a radius of 300 feet and a central angle of 32 degrees; thence southeasterly along the tangent of the last described curve a distance of 242 feet; thence southerly 153. 85 feet along a tangential curve concave to the southwest, having a radius of 205 feet and a central angle of 43 degrees; thence southeasterly along the tangent of the last described curve a distance of 134. 13 feet; thence southeasterly 170. 17 feet along a tangential curve concave to the east, having a radius of 250 feet and a central angle of 39 degrees; thence along the tangent of the last described curve a distance of 213. 36 feet and there terminating. BLUFFS E. 10TH ADDITIO 6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-199 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 25-91-PUD-8-91 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 25-91-PUD-8-91 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of August, 1991; 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. 25-91-PUD-8-91, 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 aprinted copyof the Ordinance shall be made available for inspection byanyperson g P� Pe so 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. 25-91-PUD-8-91 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 September 15, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • BLUFFS E. 10TH ADDITION • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 25-91-PUD-8-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNFSOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY 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, MINNFSOTA, ORDAINS: Summary: This ordinance allows rezoning of land located on Southwest of Bluff Road between White Tail Crossing and Wild Duck Pass from the R1-22 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. III 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.) Bluffs East 10th Addition • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1992, by HUSTAD DEVELOPMENT CORPORATION, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development District Review on 11.55 acres within the overall 186-acre Bluff Country Planned Unit Development, with waivers, Zoning District change from R1-22 to R1-13.5 and Preliminary Plat of 11.55 acres into 18 single family lots, 4 outlots, and road right-of-way, all said 11.55 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #25-91-PUD-8-91, 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 August 16, 1991, reviewed and approved by the City Council on August 20, 1991, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Develop. 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. DISPOSITION OF OUTLOTS A AND B: Developer acknowledges that the land use for Outlots A and B of the Property, as depicted in Exhibit B, attached hereto, is for access to the private natural preserve area of Purgatory Creek by residents of the Property, only. With respect to said Outlots, Developer acknowledges the following: A. City will not issue any building permit for either of such Outlots. B. Creek Knolls Homes Association shall be responsible for any and all maintenance for said Outlots. 4. UTILITY/STREET 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. • Ian e Cq 5. REMOVAL OF EXISTING BARN ON LOT 7, BLOCK 3: Prior to issuance by City of any permit for grading or building on Lot 7, Block 3, Developer agrees to submit to the Chief Building Official and to obtain the Chief-Building Official's approval of plans for demolition and/or removal of the existing barn on Lot 7, Block 3, of the Property as depicted in Exhibit B, attached hereto. Prior to such demolition or removal, Developer 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 Developer after the demolition or removal is completed and after it is verified by City that the barn has been properly demolished or removed and that the Property has been restored to grade. 6. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property, which will include amendment of the grading plan for the Property to correct the error at the existing 836 contour elevation within Outlot A, as depicted in Exhibit B. 7. TREE REPLACEMENT/PRESERVATION:Developer has submitted to the City and obtained City's approval of a tree replacement plan for the Property. By said plan, Developer will remove 56 caliper inches of significant trees and install 115 caliper inches of trees on the Property. City and Developer agrees that the overage of 59 caliper inches of trees shall be • credited to other sites within the overall Bluff Country Planned Unit Development. 8. RETAINING WALL ON OUTLOT E: Prior to issuance by City of any permit for grading or construction on either Outlot E or Lot 7, Block 3, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the retaining wall to be constructed next to the existing tennis court on Outlot E, as depicted in Exhibit B, attached hereto. Said plan shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Upon approval by the Chief Building Official, Developer agrees to construct, or cause to be constructed, said retaining wall, as approved by the Chief Building Official, concurrent with the grading, street, and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. HOOK UP TO PUBLIC UTILITIES FOR THE EXISTING HOUSE: Concurrent with utility construction on the Property, Developer agrees to provide for connection of public sanitary sewer and watermain to the existing house on Lot 1, Block 1, as depicted in Exhibit B, attached hereto. Developer further agrees that, at such time as the existing private utilities fail for the existing house located on said lot, the existing house shall be required to be hooked up to public utilities and the existing well and septic systems shall be abandoned and sealed in accordance with City Code requirements. • I C1 i.j 10. PUD 8-91 WAIVERS GRANTED: City hereby grants the following waivers to City Cod requirements within the R1-13.5 District through the Planned Unit Development District Revie for the Property and incorporates said waivers as part of PUD 8-91: A. Waiver from minimum street frontage requirement of 55 ft. on a cul-de-sac to allow a 26.4 ft. street frontage on Wild Duck Pass for Outlot E, as depicted in Exhibit B, attached hereto. B. Waiver from minimum side yard setback requirement of 10 ft. to allow for side yard setback of 5 ft. to the tennis court structure on Outlot E, as depicted in Exhibit B, attached hereto. • • 1 Lir) IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as ippf the day and year aforesaid. HUSTAD DEVELOPMENT CORPORATION CITY OF EDEN PRAIRIE Douglas B. Tenpas, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1992, by Douglas B. Tenpas and Carl J. Julie, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. 40 Notary Public STATE OF MINNFSOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1992, by ,the of HUSTAD DEVELOPMENT CORPORATION, a Minnesota corporation, on behalf of the corporation. Notary Public EXHIBIT A Legal Description Lot 7. Block i, Lots i, 2. 3. 4, 5, Block 2, Outlot 0, all In CREEK KNOLLS, Hennepin county. Minnesota. Together with that part of Outlot A said CREEK KNOLLS described as follows: Commencing at the most northerly corner of Outlot D. said CREEK KNOLLS; thence on an assumed bearing of South 80 degrees 39 minutes 16 seconds East: along the northerly line of said Outlot D. 91. 04 feet; thence South i degree 02 minutes 18 seconds West a distance of 170. 65 feet; thence South 87 degrees i7 minutes 00 seconds East a distance of 38. 52 feet to its Intersection with the westerly curve of Outlot C. said CREEK KNOLLS; thence southwesterly, along said westerly curve. 29. 44, feet said curve having a radius of 60 feet and a chord bearing of South 37 degrees 46 minutes 23 seconds Hest; thence South 74 degrees 19 minutes 42 seconds West, not tangent to last described curve, to Its Intersection with the easterly line of said Outlot A. said intersection being the actual point of beginning; thence continuing South 74 degrees 19 minutes 42 seconds West a distance of 76. 50 feet; thence North 23 degrees 00 minutes 00 sec West a distance of 152. 62 feet to the southerly line of Lot 7, B 2. said CREEK KNOLLS; thence South 86 degrees 45 minutes 46 seco ds East, along said southerly line, to the westerly line of Lot 8, Block 2, said Creek Knolls; thence southwesterly, along the westerly line of said Lot 8, to the most westerly corner of said Lot 8; thence southeasterly, along the southwesterly line of said Lot 8, to the most southerly corner of said Lot 8; thence southerly, along the easterly line of said Outlot A, to the actual point of beginning. Together with that part of Outlot A which lies northeasterly of a line drawn from the southwest corner of Lot 5, Block 2, to the most southerly corner of Lot 7. Block I. all in CREEK KNOLLS, Hennepin County, Minnesota. Together with those portions of Outlots C. E, F. G and H. CREEK KNOLLS lying southwesterly of the following described line: Beginning at the most easterly corner of Lot 3, Block 1. said CREEK KNOLLS; thence southeasterly along the northerly line of Outlot H, in said CREEK KNOLLS. to the intersection with a line drawn concentric with, and 50 feet southerly from, the southwesterly line of Lot 1. Block 5. BLUFFS EAST FOURTH ADDITION; thence easterly concentric with said southwesterly line and its continuation 162. 62 feet; thence easterly 167. 55 feet along a reverse curve, concave to the south. having a radius of 300 feet and a central angle of 32 degrees; thence southeasterly along the tangent of the last described curve a distance of 242 feet; thence southerly 153. 85 feet along a tangential curve concave to the southwest, having a radius of 205 feet and a central angle of 43 degrees; thence southeasterly along the tangent of the last described curve a distance of 134. 13 feet; thence southeasterly 170. 17 feet along a tangential curve concave todlipe east, having a radius of 250 feet and a central angle of 39 deg ; thence along the tangent of the last described curve a distance of 213. 36 feet and there terminating. 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. Cash park fees shall be paid 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. 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. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, • and their assigns of the Property herein described, except: VI. Developer represents and warrants that they own fee title to the Property free and clear of mortgages, liens, and other encumbrances, except: CREEK KNOLLS, a Minnesota limited partnership, CREEK KNOLLS HOMES ASSOCIATION, a Minnesota corporation, WALLACE H. AND RUTH K. HUSTAD, husband and wife, jointly. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows: A. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); B. That to the best of Developer's knowledge, Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Property, any Hazardous Substances; I0? 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 1110 Hazardous Substances; Developer agrees to indemnify and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets (including installation costs, if any, as determined by electrical power provided), engineering review, and street signs. IX. City shall not issue any building permit for the construction of any building, structure, or improvement on any land required to be subdivided until all requirements listed above have been satisfactorily addressed by Developer. i X. Developer shall submit detailed watermain, fire protection, and emergency vehicle access plans to tl Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce performance of such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. XII. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be void and of no force or effect to the extent necessary to bring such term within the provision of any such applicable law or laws, and such terms as so modified and the balance of the terms of this agreement shall be enforceable. XIII. Developer shall, prior to the commencement of any improvements, provide written notice to Paragon Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall ii• sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota, 55411. J)"4 • Bluffs East 10th OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HUSTAD DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 19_, by and between CREEK KNOLLS, a Minnesota limited partnership, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. 25-91-PUD-8- 91, changing the zoning of the Property owned by Owner from the R1-22 District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of , 19 , by and between HUSTAD DEVELOPMENT CORPORATION, a Minnesota corporation, and City, Owner agrees with City as follows: 1. If Hustad 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 R1-22 District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be execut as of the day and year aforesaid. CREEK KNOLLS CITY OF EDEN PRAIRIE • Douglas B. Tenpas, Mayor 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 Creek Knolls, a Minnesota limited partnership, on behalf of the corporation. Notary Public • ate t.) • Bluffs East 10th OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HUSTAD DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 19_, by and between CREEK KNOLLS HOMES ASSOCIATION, a Minnesota corporation, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred • to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. 25-91-PUD-8- 91, changing the zoning of the Property owned by Owner from the R1-22 District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of , 19_, by and between HUSTAD DEVELOPMENT CORPORATION, a Minnesota corporation, and City, Owner agrees with City as follows: • 1. If Hustad Development Corporation, fails to proceed in accordance with the P rP Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the R1-22 District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. • • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. • CREEK KNOLLS HOMES ASSOCIATION CITY OF EDEN PRAIRIE Douglas B. Tenpas, Mayor • 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 Creek Knolls Homes Association, a Minnesota corporation, on behalf of the corporation. • Notary Public • • Bluffs East 10th OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HUSTAD DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 19_, by and between WALLACE H. AND RUTH K. HUSTAD, husband and wife, jointly, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. 25-91-PUD-8- 91, changing the zoning of the Property owned by Owner from the R1-22 District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of , 19_, by and between HUSTAD DEVELOPMENT CORPORATION, a Minnesota corporation, and City, Owner agrees with City as follows: 1. If Hustad Development p 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 R1-22 District. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. 111,m 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 • Wallace H. Hustad Douglas B. Tenpas, Mayor • Ruth K. Hustad 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 Wallace H. and Ruth K. Hustad, husband and wife, on their own behalf. Notary Public • i CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-195 RESOLUTION AUTHORIZING MAYOR & CITY MANAGER TO EXECUTE THIRD PARTY AGREEMENTS WITH SENIOR COMMUNITY SERVICES AND GREATER MINNEAPOLIS DAY CARE ASSOCIATION FOR THE YEAR XVIII COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) WHEREAS, the City of Eden Prairie has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1992 (Year XVIII) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U. S. Department of Housing and Urban Development for purposes of the program and the City is a subrecipient under the program and receives a share of the grant; and the public service agencies receiving a share of the subrecipient funds are third party recipients. WHEREAS,program regulations require that the City and County execute a Subrecipient Agreement, and that the City and third party agencies execute a Third Party Agreement, which sets forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED that the City Council of the City of Eden Prairie hereby authorizes and directs the Mayor and the City Manager to execute Third Party Agreements between the City and Senior Community Services and Greater Minneapolis Day Care Association on behalf of the City. ADOPTED this 15th day of September, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, Clerk • I9":i • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-211 (I.C. 52-233) RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A TRAFFIC CONTROL SIGNAL ON TRUNK HIGHWAY 169/212 AT LEONA ROAD/EDEN ROAD WHEREAS, Agreement No. 69792 for the construction of a traffic control signal system at the intersection of Trunk Highway 169/Trunk Highway 212 at Leona Road/Eden Road has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that said agreement be in all things approved and hereby authorizes its Mayor and City Manager to execute Agreement No. 69792 with the State of Minnesota, Department of Transportation. • ADOPTED bythe2 Eden City Council on September 15, 199 . Douglas B. Tenpas, Mayor ATTEST SEAL John D. Fran, City Clerk • • 410 MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 69792 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF EDEN PRAIRIE TO Install a new Traffic Control Signal with Street Lights, Signing and Interconnect on Trunk Highway No. 169/Trunk Highway No. 212 at Leona Road - Eden Road in Eden Prairie, Hennepin County, Minnesota. C.S . 2744 • C.P. 52-233 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of Eden Prairie $6, 000 . 00 None Otherwise Covered • • THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of Eden Prairie, hereinafter referred to as the "City", WITNESSETH: WHEREAS, Minnesota Statute 161.20 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of construction, maintaining and improving the Trunk Highway system; and WHEREAS, it is justified and considered mutually desirable to install a new traffic control signal with street lights, signing and interconnect on Trunk Highway No. 169/Trunk 41) Highway No. 212 at Leona Road-Eden Road; and WHEREAS, it is considered in the public' s best interest for the State to set-up and inspect the cabinet and provide the control equipment to operate said traffic control signal. Such work and materials as described immediately above shall hereinafter be referred to as "State force work and materials"; and WHEREAS, the City and State will participate in the cost, maintenance and operation of the traffic control signal with street lights as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1 . The City shall prepare the necessary plan, • 69792 - 1 - S specifications and proposal which shall constitute "Preliminary Engineering" . The City shall also perform the construction inspection required to complete the items of work hereinafter set forth, which shall constitute "Engineering and Inspection" . 2 . The City with its own forces and equipment or by contract shall install a new traffic control signal with street lights, signing and interconnect on Trunk Highway No. 169/Trunk Highway No. 212 at Leona Road-Eden Road in accordance with City Project No. 52-233, at its own cost and expense. 3 . The State will furnish to the City the State furnished materials to be installed with the City work provided in Paragraph 2 . Estimated cost for State force work and materials is $6, 000 .00. City' s share is 100 percent. 5 4 . Upon execution of this agreement and a request in writing by the State, the City shall advance to the State and amount equal to it' s portion of the project cost. The City' s cost shall be based on the estimated cost for State force work and materials . 5 . Upon compilation of the actual cost for State force work and materials, the amount of the funds advanced by the City in excess of the City' s share will be returned to the City without interest and the City agrees to pay to the State that amount of its share which is in excess of the amount of the funds advanced by the City. 69792 • 2 - .. o �. •. : Lam. .::y; �, ..,.. ._ .r. .... .. ... ...... ,...1L. '.., ' . .. - ., ,. . �n - _�.� - _ _ _ 111 6. The construction work provided for herein shall be under the direction and supervision of the City. It is agreed, however, that the State shall have the right to periodically inspect said construction work. 7 . The City shall provide an adequate electrical power supply to the service pad or pole, and upon completion of said traffic control signal with street lights installation shall provide necessary electrical power for its operation at the cost and expense of the City. 8 . Upon completion of the work contemplated in Paragraph 2 hereof, it shall be the City' s responsibility, at its cost and expense, to: (1) maintain the luminaries and all its 0 components, including replacement of the luminaire if necessary; (2) relamp the traffic control signal and street lights; and (3) clean and paint the traffic control signal, cabinet and luminaire mast arm extensions. It shall be the State' s responsibility, at its cost and expense, to maintain the signing and the interconnect and to perform all other traffic control signal and street light maintenance. 9. Any and all persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the State and any and all claims that may or might arise under the Worker' s Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any 69792 3 - I C .i 10 411 third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the State. The City shall not be responsible under the Worker' s Compensation Act for any employees of the State. 10 . Timing of the traffic control signal provided for herein shall be determined by the State, through its Commissioner X of Transportation, and no changes shall be made therein except with the approval of the State. 69792 111 4 — 411 CITY OF EDEN PRAIRIE APPROVED AS TO FORM: By City Attorney Mayor (City Seal) By City Manager STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION 111 By Assistant Division Engineer Assistant Commissioner Operations Division Dated APPROVED AS TO FORM AND EXECUTION: • DEPARTMENT OF ADMINISTRATION By Assistant Attorney General—State of Minnesota Dated • 69792 — 5 — 1'1 -1 FAIRFIELD WEST • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNFSOTA RESOLUTION NO. 92-167 RESOLUTION APPROVING THE PRELIMINARY PLAT OF FAIRFIELD WEST FOR CENTEX HOMES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Fairfield West for Centex Homes dated September 11, 1992, consisting of 23.5 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 15th day of September, 1992. • Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk 11110 j J FINDINGS AND CONCLUSIONS RELATING TO DENIAL OF ORDINANCE NO. • 29-92 ZONING DISTRICT CHANGE FROM RURAL TO R1-13 . 5 (FAIRFIELD WEST) 1 . Centex Real Estate Corp. requested rezoning from Rural to R1- 13-5 and preliminary plat into 40 lots, 2 outlots, and road right-of-way of 23.5 acres located in the SW 1/4, Section 17, T. 116, R.22 . Of the 23 . 5 acres, approximately 8 acres are heavily wooded and comprise a portion of a larger wooded site consisting of approximately 40 acres. The wooded site contains predominantly basswood and sugar maples (the latter will ultimately prevail as the single dominant species) . There are 18 lots located in the heavily wooded portion of the proposed plat . They range in size from 14, 101 square feet to 22 ,736 square feet, or an average of 17, 765 square feet. The R1-13 . 5 district permits lots to be of a minimum size of 13 ,500 square feet. 2 . An analysis of ten projects involving the development of wooded areas in the City indicates that tree loss increases generally as lot sizes become smaller. Tree loss averaged 28. 4% on lots with an average size of 27 , 319 square feet. Tree loss ranged from 16% on lots having an average size of 82, 764 square feet to 49% on lots having an average size of 14 ,000 square feet. 3 . The R1-44 district, which requires lot sizes of 44, 000 square feet, is the appropriate district for development within wooded areas. It should be possible to preserve 75% of the significant trees and tree mass in the R1-44 District. • -1- vl QO Z© •d £T LO6Z8Z T 9 NOSel3O3ND A'1tl'Jd ONt 1 Lb: Z T OHl 36-0T-d3S • 4 . Section 11 . 11, Subd. 1 of the City Code provides that the purposes of the R1-44 District are to reserve appropriately located areas for single family living on large lots where vegetation or other significant natural features are best preserved through large lot development. 5 . In a Memorandum from Tim Erkkila, Westwood Professional Services, Inc. to Daniel Blake, Centex Real Estate Corp. , dated May 18, 1992, the following statement appears : "Opening up a forested area by removing some but not all of the trees increases the risk of windthrow. Compaction of soil and destruction of roots increases the risk of losing any of the species of trees, especially oaks . Changes in micro-climate, heat stress, • pollution levels, road salt and surface hydrology will vary the risk of losing various species of trees, especially maples. " 6 . Rezoning to the R1-13. 5 District would permit lot sizes which are too small for the heavily wooded portion of the proposed development. In addition, the proposed lot sizes are too small for the heavily wooded portion of the proposed development. 7 . The wooded physical characteristics of a portion of the site are such that it is not suitable for the type of development, alterations, and use contemplated. 8 . The wooded portion of the site is not suitable for the proposed density of development. • -2- £0 'd £TL06Z8ZT9 NOSN303210 A1ndd ONO-1 8b: ZT OH1 Z6-0I-d3S 9 . The proposed development is likely to cause substantial • environmental damage by undue destruction of the woods existing in a portion of the development. 10. The R1-44 zoning district is the appropriate district for the heavily wooded portion of the proposed development. • t'O d 2 T L0638Z T 9 NOSd3`_1321O Alfltid ON111 $b: Z T f1Hl Z6-0 T-d3S cc < < STAFF REPORT • TO: Planning Commission THROUGH: Chris Enger, Director of Planning FROM: Michael D. Franzen, Senior Planner DATE: July 10, 1992 SUBJECT: Fairfield West APPLICANT: Centex Homes FEE OWNER: Tandem Corporation LOCATION: West of the Hennepin County Light Rail Authority Right-of-Way, South of future Scenic Heights Road Extension. REQUEST: 1. Planned Unit Development Concept Review on 23.5 acres. 0 2. Planned Unit Development District Review on 23.5 acres with Waivers for Lot Depth and Cul-de-sac Length. . 3. Rezoning from Rural to R1-13.5 on 23.5 acres 4. Preliminary Plat of 23.5 acres into 40 lots, 2 outlots and road right-of-way. .-'7::-7-' , k....3 bpriyug-T, 4, 3 :In c r.. t 0;:.i v.:.�p r Fairfield West TT.nECNA3 CIR. Sceni H - 00 s4. :.:•:• E5►1pR� ` [ 7.7., RED a . • " •.• ...1` ' _ ROCK E 43 n 1M�y '�w('�• m BA . t'P4 H L-�at` \ ,• • .. . . �- ,• 4CCo to P• " 9 I.:_..E TT OR 4'' ' 4,' -- J* •b • . li-o 4 G '��CEDAR �' •••�� '.' �/ Jar �� RIOGE O C • n4' I , ELEM. p .:.•. ' • TER lJJ ��` � Z ' Z A. , rsx.•- 0 t Q` t ur. . 4 4. Q' i 3 ..74.....z. K 7TARR `O! ''d.� 5.:....i„,,, ... Q Z Iga��MlElp1D� V I I B.DEWEY COURT - ^� i -x I�fAAI.� 117 GA GUSTY ROAD^ — 118.GATE WAAY LANE • STAFF REPORT FAIRFIELD WEST • JULY 10, 1992 - BACKGROUND This is a continued item from the June 22nd Planning Commission Meeting. The Planning Commission continued the item to allow for plan changes regarding the following issues: 1. Tree Loss. 2. Location of Scenic Heights Road. 3. Park Access Across Scenic Heights Road and 212 to Miller Park. Tree loss has been reduced to 29% but is predicated upon a Tree Preservation and Management Program which will be discussed in detail in the Tree Loss Section. Staff believes that this preservation program can work with modification. City Staff met with the Minnesota Department of Transportation to finalize the location of Scenic Heights Road relative to Highway 212. It was determined that Scenic Heights Road right-of-way can remain in the location as shown on the preliminary plat. Park access to Miller Park has been resolved with a change in the preliminary plat changing • New Market Drive to a cul-de-sac. This cul-de-sac gives the City and the Highway Department greater flexibility for the location of the park access road. The cul-de-sac will be longer than the 500 foot maximum allowed by City code, however, Staff believes there are circumstances which warrant this which will be discussed in a later section. PRELIMINARY PLAT The preliminary plat previously reviewed by the Planning Commission at the June 22nd meeting depicted 41 lots. Because of the revision for a cul-de-sac at New Market Drive, one lot was taken out of the subdivision. The density of the proposed subdivision based on 23.5 acres is 1.70 units per acre. The guide plan would allow up to 2.5 units per acre. All of the lots in the subdivision meet the minimum requirements of the R1-13.5 Zoning District for lot size, lot depth and street frontage. Lot 13, Block 2 does not meet the minimum 150 foot lot depth adjacent to the Hennepin County Light Rail Authority Line. Because of the change from a through street to a cul-de-sac, it was not possible to meet the 150 foot minimum depth for this lot. The cul-de-sac could be shifted towards the northwest to provide additional setback from the railroad corridor, however, it would provide less lot depth adjacent to Scenic Heights Road and 212. Staff feels it is more important to provide a greater setback adjacent to Scenic 2 • cc < < STAFF REPORT FAIRFIELD WEST • DULY 10, 1992 Heights Road and 212. The tree replacement depicts trees along the Hennepin County Rail Authority corridor as a mitigation for the lesser setback. The City code has a maximum cul-de-sac length of 500 feet. The cul-de-sac as proposed would be 1000 feet long. The City and the proponent have examined the possibility of extending Derby Court back to Candlewood Parkway, however, it would result in greater tree loss and make it difficult to provide for the required ponding necessary for wetland mitigation. In addition, the cul-de-sac on New Market Drive would direct traffic from Miller Park to Candlewood Parkway which is designed to handle additional traffic. This would keep traffic off a local residential street. For all of these reasons, Staff believes that the PUD Waiver for a longer cul-de-sac has merit. GRADING This site is relatively level, and initial grading would only be for Candlewood Parkway and New Market Drive. In the open areas of the site there would be additional grading necessary to construct ponding areas as mitigation for wetland encroachment. The wetland inventory which has been approved by the Watershed District indicates a number of wetland areas on the S property. Prior to final plat approval and grading permit issuance, the Watershed District will have to approve the final wetland mitigation plan. TREE LOSS The previous Staff Report indicated that Tree Loss was 41%. Additional information has been provided which depicts specific house plans on specific locations which reduces tree loss to 29%. In order to achieve a 29% tree loss, the plan relies heavily on the protection of significant trees within the front or side yard. There are 65 (on average 16" diameter) trees within the front or side yards of the wooded lots in this project. If the construction limits are not properly staked, if different size houses are built or if building materials and trucks are parked under the tree, tree loss could be as high as 46%. Preservation of the trees in the front yard relies upon a tree preservation program that is based on education and monitoring by the developer. Some of the drawbacks of this program may be: 1. No legal deed restriction is proposed which would guarantee that a home would be built according to the approved plan. City experience has shown that homes are frequently built differing from the development plan. Historically, the City has required larger lots and larger grading limits to allow for flexibility. The plan as proposed is building type specific to a lot. • 3 cc cc STAFF REPORT FAIRFIELD WEST • JULY 10, 1992 - 2. There is no guarantee that Centex would not sell the custom lots to other builders who may choose to build larger houses. 3. Centex could drop the tree preservation monitoring program if it proved costly or difficult to enforce. 4. There are no legal means proposed which would prohibit homeowners from cutting additional trees on the property. 5. There is no penalty imposed by the developer for noncompliance with the plan. The Tree Preservation Program could be more effective in keeping tree loss to 29% with the following additions: 1. A scenic conservation easement or restrictive covenant should be required at a distance of 25 feet from the back of each house on a wooded lot. This will preserve trees in the rear yards and would allow for deck or three season porch expansion. 2. Snow fencing the greatest area possible according to the attached grading limit • plan. If Centex maintains that they can build a site specific plan, then the location of the snow fencing should not be a problem. 3. Designate on the plan where trucks can park on each lot. 4. Designate on the plan where building materials can be stored on each lot. 5. Designate on the plan where waste materials can be stored on each lot. 6. Require that the Certificate of Survey provided at the time of building permit issuance clearly indicates existing and proposed grades, type of home to be built, detailed tree inventory, erosion control and construction fencing plan, location of dumpster, location of materials, and location of construction of equipment. 7. Provide a security in the amount equal to tree replacement based upon a worse case scenario at 46% tree loss. 4 STAFF REPORT FAIRFIELD WEST JULY 10, 1992 UTILITIES Water is available to this site from Candlewood Parkway on the east side of the Hennepin County Regional Railroad authority property. Sewer is available to this property by connecting to the Red Rock Interceptor which is located approximately 300 feet north of this project. Storm water runoff is proposed to be drained into collection ponds adjacent to Scenic Heights Road. When Scenic Heights Road is built on the north side of this project, these ponds will be connected into Scenic Heights Road storm sewer system. SIDEWALKS AND TRAILS Since Candlewood Parkway is a local residential collector, there will be a 8 foot wide • bituminous trail on one side of the Parkway and a 5 foot wide concrete sidewalk on the other side of the Parkway. TREE LOSS AND TREE REPLACEMENT There are 6,435 inches of significant trees on the property, mostly Basswood and Linden. The average tree diameter inch is 16 inches. The Tree Loss Plan indicates a total of a 29% tree loss or 1890 inches. Tree replacement would be 729 caliper inches. The landscape plan as proposed depicts 361 inches. The proponent is asking for an overage credit from the Fairfield Project to the east of this subdivision. The City in the past has considered tree replacement within a larger PUD area when it is not possible to replace all of the trees within a smaller portion of the project. The tree replacement plan should be modified to consider some tree replacement within the front yards as it can be anticipated that some trees would be lost due to construction. CONCLUSION The Planning Commission's decision on the proposed Fairfield subdivision is predicated upon if there are good reasons to substantiate the requested Waiver for cul-de-sac length and lot depth, and if the Tree Preservation/Management Program as proposed is an acceptable alternative way of keeping tree loss to 29%. If the answer to both of these questions is yes, then the Commission should stipulate that the plans be approved subject to revising the preliminary plat for a cul-de-sac in the northeast corner, and with amendments to the tree management program as suggested by City Staff in the Tree Loss section. If the answer to these questions is no, then the Planning Commission should direct the proponent to revise the plans to be in compliance with City Code for cul-de-sac length and lot depth, and to provide for larger lot sizes in the wooded areas. I5 (a1 < c < < STAFF REPORT FAIRFIELD WEST • JULY 10, 1992 - The Staff would suggest the first alternative for PUD Waivers and the Tree Preservtion/Management Program. STAFF RECOMMENDATION The Planning Staff would recommend approval of a PUD Concept and a PUD District Review on 23.5 acres with Waivers, Zoning District Change from Rural to R1-13.5 on 23.5 acres and preliminary plat of 23.5 acres into 40 single family lots and two outlots based on plans dated July 10, 1992, subject to the recommendations of the Staff Report dated July 10, 1992, and subject to the following conditions: 1. Prior to review by the City Council, the proponent shall submit for review and approval: a. A modified preliminary plat for a cul-de-sac on New Market Drive, together with grading plans and utility plans. b. A revised tree management program with the following modifications: • 1. A scenic conservation easement or restrictive covenants should be required at a distance of 25 feet from the back of each house on a wooded lot. This preserve trees on the property and would allow the opportunity for deck or three season porch expansion. 2. Snow fencing the greatest area possible according to the attached snow fencing plan. If Centex maintains that they can build a site specific plan, then the location of the snow fencing should not be a problem. 3. Designate on the plan where trucks can park on each lot. 4. Designate on the plan where building materials can be stored on each lot. 5. Designate on the plan where waste materials can be stored on each lot. 6 • Z cc CC STAFF REPORT • FAIRFIELD WEST JULY 10, 1992 6. Require that the Certificate of Surveyprovided at the time � of building permit issuance clearly indicates existing and proposed grades, type of home to be built, detailed tree inventory, erosion control and construction fencing plan, location of dumpster, location of materials, and location of construction of equipment. 7. The developer would be required to provide a security in the amount equal to tree replacement based upon a worse case scenario at 46% tree loss. c. A revised Tree Replacement Plan which depicts additional tree replacement on some of the wooded lots. 2. Prior to final plat approval, proponent shall submit for review and approval: a. Detailed storm water runoff, utility and erosion control plan for review by the City Engineer. • b. Detailed storm water runoff, erosion control and wetland mitigation plans for the Watershed District. 3. Prior to building permit issuance, the proponent shall submit for review and approval: a. Cash park fee. 4. Prior to grading permit issuance, proponent shall stake the proposed grading limits with the snow fence and notify the City and Watershed District a minimum of 48 hours in advance of grading so that the snow fencing may be inspected. 5. The following PUD Waivers are granted as part of the Planned Unit Development District Review including: a. Cul-de-sac length from 500 to 1000 feet. b. Lot depth adjacent to the Hennepin County Light Rail Authority property from 150 to 125 feet. 5 7 • • • BIG WOODS PROJECT COMMITTEE Co--Chairs: Dr. Charles Wilcox and Carol Smith Secretary: Sue Mock Treasurer: Cindy Eyden Educational Fund Raising Publicity Appraisals Legal Prof. Kaerwer Cathy Perme Jackie McMillan Dean Edstrom __ _ - John Fisher I I • Tours Petitions l inart- Ecolog- Non-Profit Setwols clal €cal' Status Bettyy tv Scott Jerry McMahon SR:A Eden Wallace McCoy Licen- Kirt Prairie sed Russter.- Craig Appr. holz Land Trust "temporary Johnson Media Al Onion Non-Profit e Carol Org aniza- Histoncal Tin: Smith tonGilbert Eden ‘a. Art Prairie +y Weeks Foundation Big Woods Committee Members/Supporters • Charles Willcox - Co-Chair of Big Woods Project Committee - Ph.D. Theoretical Physics - Earthwatch volunteer on Brazilian Rain Forest Island expedition - Senior Principal Engineer (Applied Science) at Rosemount Inc. Carol Smith - Co-Chair of Big Woods Project Committee - Marketing/Communications Degree - Worked at Cray Research and General Mills (Consumer Promotions) - Accredited PR Professional Professor Howard Kaerwer - Adjunct Professor at the University of Minnesota, Horticultural Department - Former Director of Research at Northrup King - International reputation and consultant in Agronomy - Trustee at the Arboretum Barbara Kaerwer - Former Art History Professor at the University of Minnesota - Retired Senior Lecturer/Art Historian at the Minneapolis Art Museum Jerry McCoy_ - Eden Prairie School Superintendent - See Jerry's attached Letter Graig Johnson - Eden Prairie High School teacher (teaches ecology and conservation classes) - Established prairie reconstruction project on City Park Land. Scott Wallace - Student of Ecology at the University of Minnesota Art Weeks - Chair of the Eden Prairie Heritage Preservation Foundation • • Cathy Perme - President C.M. Perme Associates - Fund Raising Advisor/Consultant John Fisher - Well known Fund Raiser for environmental causes. John has looked into our cause and wants to be considered as a potential fund raiser resource. - John has successfully raised money for: * Fresh Water Foundation * Cedar Lakes Project (which has some similarity to ours) * Residential environmental schools (Wolf Ridge, Long Lake and Deep Portage) . Jackie McMillan - Educated in the U.K. - 20 years of international experience in Marketing, Sales, and Public Relations. Appraisal (Ecological) * Kurt Rusterholz - DNR Forest ecologist * Al Olson - DNR District Forester * Jim Gilbert - Author/Writer - Well Known Naturalist - High School Teacher - See Attached Letter Appraiser (Financial) - Engaged in real estate appraisal for over 40 years - Certified Federal General Real Estate Appraiser - Awarded the designation SRAP (Senior Real Property Appraiser) by the Appraisal Institute. Dean Edstrom - Attorney - Former Eden Prairie City Councilman - Member of: Chamber of Commerce : Rotary Club Dave Anderson • - President of Eden Prairie Foundation Diane Lynch - Advisor/Consultant - President of Popovich Lynch Associates - Vice chair on Eden Prairie Parks, Recreation and Open Space Commission - Vice chair Eden Prairie Chamber of Commerce - MN Environmental Fund Board Member Clair Hilgeman - Advisor/Consultant - Member of Eden Prairie Parks, Recreation and Open Space Commission • toirA ,111 r Office of Superintendent EDEN PRAIRIE SCHOOLS • September 9, 1992 Eden Prairie City Council 7600 Executive Drive Eden Prairie MN 55344 Dear Council Members: September 15 is approaching quickly. You have the difficult task of determining the ultimate future of Eden Prairie's last significant piece of Big Woods, You've heard all the arguments -both from the Eden Prairie Land Trust and from the owner and developer of the property. It is not a simple decision for you to make - legitimate points have been made on all sides. In Eden Prairie, this Big Woods has existed for over I50 years. Stately sugar maple and basswood trees watched as Indians and settlers lived off this land -the trees watched silently as many c f their neighbors, ancient red elms, were cut for lumber in the early 1980s, According to the Department of Natural Resources' forest ecologist, it is a very good example of an ecosystem that once covered over 3500 miles in Minnesota, an ecosystem that is now limited to 3500 acres, much of it is now isolated to woodlots at the back of farmers' fields. • We know this Big Woods is not pristine- it has suffered the blows of those who cut and grazed it. Yet, it still stands as a very good and invaluable piece of Eden Prairie's cultural and scientific heritage. Efforts to raise money to save it represent our last chance to preserve such a heritage. Craig Johnson, a science teacher many of you know from the Prairie Restoration Project, and I have talked enthusiastically about the educational value of such sites to Eden Prairie students of all ages. This is a unique ecosystem right in our own back yard, We do not have to bus children to enjoy and study in this "laboratory." I strongly encourage you to support the Eden Prairie Land Trust's position to delay the development of this site until next May. That is a very short time to raise the millions of dollars the developer needs, but it is vital that there be at least that period of time to coalesce the support of the generous Eden Prairie community, parents and children alike. Thank you for your consideration. Sincerely, Gerald L. Coy Superintendent of Schools • dl/glm/cw Eden Prairie School District 272 • 8100 School Road • Eden Prairie, MN 55344-2292 • (612) 937-3686 S; wt G �bew-�s assessvvtev4,- o4 -1-k2 uoodl s • 4,5 La a-i, i 5 9 s-_ y:3a I'' SCAT 4.1t1111, 1 % S- *2. 1.6I, c,,4." 1140,ti a. 11.c n 4 J- L z I1lg c I 1.•4., 1 d- If a 4 ram- I/14s e %� l r4.* s adsaVaLed f nf! sc.•rov► "h J, 441,�11Ct., (,1j 4.•yaej• PeA. 4* !..1 1116ciart^07 IrCKu 004 #141'hs 12.11"-i .111-14141".)-• 4,471. S�1'►J�'e.rs r jL4�., 7i" ,4 .. M� ��" �;t+� i t.c.46-4, / iKO�,t�• ;+7-"As- 'c. ei, 4C+t/a.L • p04.441. % 4-• In)40...4 J c, ‘1,44114, I it 4-61 , "(*it I w , r;lleJ. < _Cfil•e'r )N.L �.- ' ' s.L,.�. ' ' •�J, +"'` J./ ' 44 Vic‘ 4N4r# l f' , .S Stein .1L..t C4,, Q �..01,44 r u1 r b�.,,,» t d - -tr 4447.6 ra,Q.'k ifI J E• 4I 1 ek w�YzQl , isA ti Cf4 iZ �., ,•,/ (arir.t.44`-'17-•a. 4141 .l.«- -e/,7 t j&!� i`1r.. r k f r -12 .64 el 44, (.4 4124 teri L4441)44...0 4g14114)/V4/ 1 e v+r•i 1/) i ' 'Q V'1 d/�t l�.r►J•K foo e.s a r c.7 2 4 4 Aft veto 14444 p a 1,444 1 � 1•1444111g\Z . _,y . (1,4r- 1 `}(iS LEIGHTON'S GARAGE • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-202 RESOLUTION APPROVING THE PRELIMINARY PLAT OF LEIGHTON'S GARAGE FOR HOYT DEVELOPMENT COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Leighton's Garage for Hoyt Development Company dated September 11, 1992, consisting of 1.89 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 15th day of September, 1992. • Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • STAFF REPORT • TO: Planning Commission THROUGH: Chris Enger, Director of Planning FROM: Michael D. Franzen, Senior Planner DATE: August 28, 1992 SUBJECT: Leighton's Garage APPLICANT/ FEE OWNER: Leighton Reese LOCATION: South of County Road #67, North and East of Nine Mile Creek REQUEST: 1. Zoning District Amendment within the Existing I-2 Park Zoning District. 2. Site Plan Review on 1.89 acres within the I-2 Park Zoning District. 3. Preliminary Plat of 1.89 acres into One Lot and Road • Right-of-Way. 4. Shoreland Variances and Zoning Code Variances to be Reviewed by the Board of Appeals and Adjustments. I 0 1 4 1 5 1 6 1 7 8 1 qqs rr [ MINNE1 J<A 1 • N�sIOE�C�• 1.2 rocs . q�7� I i / ritir ,t NIL.' //�1'aa.aR[NwcN RAC[ © / --_1------ - V ��Jr ,la - -I^--- iss--.5,! .7 F3 ... ,. 2?:;)'N! . = • -----''. —. 1 • • 0,44 i g It /l � 0. -, N., ;=R100[COURT % K I 1 * f] N ��—"L' a R l� RQ L R ,„ �\`�. N � -y�-�'T�.ti..^�- •1 � Lam. O ,Q Y ��c�lr� _ • a, Q It • j'• Iv, INa ID _ 70.RI ISM IETN "'%' r47 PATRIN CT •0^ 77i'AP. R[ •a ~` «l Z • •. o."ice-'�s: 1R a ,.l�1 , �T• 0.0 Q.l .4-40.i�`•. ACLA ,�. ..IV xx KISS `ELE Y? _i O� I • • nir ay. • ?.YES.„,, _t• oo. �J I MISC� t -xntizR tlrOf L . ` ii.i Eti cii _•� _—.y s i '+ ;fVr' O 1e`,� ACOa[Mr •1 SS.EITIMACN[N C7 �`1 y r. t . I]OROSL LA UT 'lily; ORE[71 Vt�I COURT p % K r_ EDEN►RNM[ CT C sS . - 3 • "0CWQE OR. ' .r ter. SlMA TOBa RD a N ,fit_ T.t+ ♦ y1 ♦ 7[OUEC[A R0. 51. a V'V:•i� R`�'' 77RR iiii )RIOLCMODD C l y-.. 7l/ © mix •0.1NSTa CT. 7ADIVINfTr L4 • Ea PENNY MLL bTAFEY SAY _ • {L�; 6i9EDFDRD OR • M, C � C - Staff Report Leighton's Garage August 28, 1992 BACKGROUND The Comprehensive Guide Plan depicts an industrial land use for this site and surrounding sites. This site is currently zoned I-2 Park. All of the surrounding properties in this area are also zoned I-2 Park in 1969 according to Ordinance No. 135. This property used to be the home of A & H Welding which had operated on this site since 1969. In 1988, Gary Hilden submitted a request to tear down all of the existing buildings on the property and build a 24,000 sq. ft. industrial building. This was approved by the City in 1989, but did not proceed. Leighton Reese bought the property in 1990 for his automobile service business. SITE PLAN There are three existing buildings on this site totalling 6,782 sq. ft. A building addition of 2,899 sq. ft. is proposed which would connect the existing house to the storage building to the south. The total base area ratio proposed is 9,681 sq. ft. or 13%. The I-2 Park Zoning District would allow up to a 30% base area ratio. • Total parking required by City Code is 31 parking spaces. The site plan depicts 37 parking spaces. VARIANCES Due to the physical constraints of this property, a number of variances are requested in order to develop the property as proposed. The proponent is requesting the following variances: 1. Front yard setback to parking from 50 to 25 feet. 2. Side yard setback to parking from 10 to 6 feet. 3. Side yard building setback from 25 feet to 5 feet. 4. Lot size from 2 acres to 1.89 acres. 5. Side yard setback to driveway from 10 to 0 feet. The variance request for a lesser setback to parking is to provide the greatest amount of green area adjacent to Nine Mile Creek. The side yard setback to parking is based on an existing condition. The sideyard setback to structure is also based on an existing condition. The lot size less than two acres is a result of the property existing prior to the 2 acre minimum lot size • requirement established in 1969. Staff Report Leighton's Garage • August 28, 1992 SHORELAND ORDINANCE The Comprehensive Guide Plan depicts Nine Mile Creek as a general development water. Even though this section of Nine Mile Creek is basically a dry creek bed, the DNR classifies the ordinary high water mark of creeks as the top of the bank of the channel. In this instance, that elevation is 908. Since this property was zoned I-2 prior to the adoption of the Shoreland Ordinance in 1982, variances to the Shoreland Ordinance are necessary in order for this property to develop. The following variances have been identified: 1. Structure setback from the ordinary high water mark of 150 feet to 45 feet. 2. Accessory structure setback from the Ordinary High Water Mark of 150 feet to 25 feet. 3. Structure setback from the Ordinary High Water Mark of 150 feet to 45 feet for the building addition. 4. Impervious surface setback from the ordinary high water mark from 50 feet to 0 feet. 5. Impervious surface in excess of 30% at 45.0%. 6. Minimum lot size less than 5 acres at 1.89 acres. If the City required the developer to comply with all of the requirements of the Shoreland Ordinance, this property could not be developed. Mitigating reasons for the variance to the Shoreland Ordinance may include that the property was zoned I-2 prior to the adoption of the Shoreland Ordinance, the site cannot be developed based on Shoreland Ordinances, the building is being developed at a site coverage far less than what is possible according to City Code, the holding pond pre-treats water and a perpetual easement to preserve existing vegetation along the Creek will be provided. GRADING AND STORM WATER RUNOFF Minimal site grading will be necessary in order to make the proposed building addition. Storm water runoff is proposed to drain across the parking lot through a catch basin system into a proposed ponding area before it is discharged into the Nine Mile Creek. The sump catch basin and a skimmer on the pond will serve to filter out soil and pollutants before being discharged into the Creek bed. • C � C - Staff Report • Leighton's Garage August 28, 1992 UTILITIES Sanitary sewer and water are available to this site with connection to an 8 inch water line on County Road #67 and connection to an 8 inch sanitary sewer trunk running along the southeast corner of the property. The plan should be revised to indicate how a sanitary sewer line will be connected to the main buildings. All existing wells should be capped and any existing septic tanks removed as part of building construction on the property. BUILDING ARCHITECTURE The three existing buildings on site are constructed out of materials which are not permitted as a primary building material in the I-2 Zoning District. This district requires that 75% of the exterior walls be face brick, stone, or concrete with an applied texture. Metal, plastic, wood, stucco can not exceed more than 25% of the building's exterior. The proposed building addition will be constructed out of rock base block which is an approved material and the existing house will be remodeled to take the roof off and also apply rock base block to the exterior elevations. • The building exterior walls as proposed, are 36% approved primary materials and 64% other materials. The proponent must request an exterior materials variance up to 64% for other materials. The exterior materials variance is based upon an existing condition. The proposed building as well as the house in front are being built according to City Code requirements. LANDSCAPING The landscaping requirements for this project are based on building square footage and screening of parking areas. The caliper inch requirement for this project is 31 inches. Screening of parking areas will be difficult to accomplish because of the requested setback variance from 50 to 25 feet for the front yard. A maximum berm height of 3 feet is possible and this should be supplemented with heavy shrub plantings and additional conifers to achieve the required screening. The parking areas on the southeast corner of the property will be visible from Nine Mile Creek. The code would require that these areas be screened with natural vegetation. The landscape plan should be modified to provide low land vegetation for screening. ACCESS Two access points are proposed off of County Road 67. When the Cross Town Highway is built to the north, this road will become a service road. I �( Staff Report Leighton's Garage • August 28, 1992 SIGNS The plans indicate a rooftop sign. This is not permitted according to Code. The I-2 Zoning District allows a 50 sq. ft. wall sign. An 80 sq. ft. freestanding sign, 8 feet in height is also permitted. SUMMARY Many of the variances requested are due to existing conditions because the site was built before the City had a shoreland ordinance and zoning requirements for the I-2 Zoning District. If the City was to require strict adherence to all City Codes including the shoreland ordinance, the City could not allow the building addition to occur. The City could choose to not approve the request for building addition and the property would continue to be maintained in its current condition. The site plan review process would allow the proponent to build on to the property while at the same time allowing the City to improve the visual appearance of the property. The property will be improved in the following ways: 1. Screening of parking areas from County Road 67. 2. Hard surfacing of all driveway and parking areas. 3. Installing a storm water drainage system which will filter out soil and pollutants before discharge into Nine Mile Creek. 4. Connection to City Sewer and Water (eliminating the existing septic tank). 5. Better screening of the back side of the building from Nine Mile Creek. If the proponent decided not to make the building addition, but rather chose to tear down all existing buildings on the property and build a new building of the same size or larger, parking set back variances and shoreland setback variances would still be necessary in order to allow for the property to develop. The City did approve parking setback variances and shoreland variances for the proposed building for the A &H Welding proposal approximately 4 years ago. The Planning Staff feels that even with variances, this is an opportunity to improve existing conditions. Although it would be preferable for the property to be developed in terms of the City Code, this is not possible. If the City were to take this position, the City would have to purchase the property. • 196I Staff Report • Leighton's Garage August 28, 1992 STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for zoning district amendment in the I-2 Zoning District, Site Plan Review in the existing I-2 Zoning District and Preliminary Plat based on plans dated August 28, 1992, subject to the recommendations of the Staff Report dated August 28, 1992 and subject to the following conditions: 1. Prior to final plat review, the proponent shall submit for review and approval: a. Detailed storm water runoff and erosion control plans for review by the Watershed District. b. Detailed storm water runoff and erosion control and utility plans for review by the City Engineer. 2. Prior to building permit issuance, proponent shall: a. Submit plans for review by the Fire Marshal. b. Pay the appropriate cash park fee. c. Provide a scenic conservation easement to the City. 3. The proponent shall receive approval from the Board of Appeals and Adjustments for variances from City Code and the shoreland ordinance. LEIGHTON • anoppro i ec9 PIA.A;Kq `ow.rsisi.o.� M�nwfes Anu.st 5 t, t 44 z_ S C. LEIGHTON'S GARAGE by Hoyt Development Company. Request for Zoning District Amendment within the Existing I-2 Park Zoning District, Site Plan Review on 1.7 acres within the I-2 Park Zoning District, and Preliminary Plat on 1.89 acres into One Lot and Road Right-of-Way and Shoreland Variances and Zoning Code Variances to be reviewed by the Board of Appeals and Adjustments. Location: South of County Road #67, North and East of Nine Mile Creek. Brad Hoyt, of Hoyt Development was present. He stated that the 11 variances required on this project are mostly driven by existing conditions. He gave a brief history of the site and of Leighton's Garage. Hoyt pointed out that the proposed addition will upgrade the current conditions and bring the property closer to code. The proposal will not disturb existing vegetation. The proposed modifications will resolve currently unacceptable run- off conditions. A landscape plan was submitted today, August 31, 1992. No citizens were present for the public hearing. Commission members had questions about curb and gutter waiver for upper lot, and the delayed installation of the storm sewer. These issues are not resolved and will be discussed with the Engineering Department. Uram stated that the staff recommends approval with the conditions of the staff report, variances from the Board of Appeals, and the review of the landscape plan submitted. Bauer noted for the record that it would have been very informative to have the minutes from Commission meetings in the past when there was previous activity on this site. Bauer wants past minutes on developments that are being revisited ip available at future meetings. Bauer also stated that he thought the plan as proposed was appropriate as an • intermediate plan for the parcel. All agreed that removal of the pipe building should be a condition for approval of the NEXT proposal for upgrade/expansion of the property. This should be in the minutes and available in the future in the event that current members are no longer with the City (this condition would be adhered to). MOTION 1: Bauer moved, seconded by Norman to close the public hearing. Motion carried 6-0-0. MOTION 2: Bauer moved, seconded by Norman to recommend to the City Council approval of the request of Hoyt Development Company for a Zoning District Amendment within the existing I-2 Park Zoning District on 1.89 acres based on plans dated August 28, 1992, subject to the recommendations of the Staff Report dated August 28, 1992 including curb and gutter and approval of the landscape plan. Motion carried 6-0-0. MOTION 3: • Bauer moved, seconded by Kardell to recommend to the City Council approval of the request of Hoyt Development Company for Site Plan Review within the existing I-2 Park Zoning District on 1.7 acres, based on plans dated August 28, 1992, subject to the recommendations of the Staff Report dated August 28, 1992. Motion carried 6-0-0. MOTION 4: Bauer moved, seconded by Norman to recommend to the City Council approval of the request of Hoyt Development Company for Preliminary Plat of 1.89 acres into 1 lot and road right-of-way and shoreland variances and zoning code variances, based on plans dated August 28, 1992, subject to the recommendations of the Staff Report dated August 28, 1992. Motion carried 6-0-0. • BLUFFS EAST 13TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-203 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Bluffs East 13th Addition by Hustad Development Corporation requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: Low Density Residential to Medium Density Residential on .69 acres, located North of Franlo Road, West flp of County Road 18. ADOPTED by the City Council of the City of Eden Prairie this 15th day of September, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk BLUFFS EAST 13TH ADDITION • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-204 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BLUFFS EAST 13TH ADDITION FOR HUSTAD DEVELOPMENT CORPORATION 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 Bluffs East 13th Addition PUD Concept by Hustad Development Corporation 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 September 15, 1992; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, 40 Minnesota, as follows: 1. Bluffs East 13th Addition by Hustad Development Corporation, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans (as revised) dated September 11, 1992. 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 31, 1992. ADOPTED by the City Council of the City of Eden Prairie this 15th day of September, 1992. Douglas B. Tenpas, Mayor ATTEST: • John D. Frane, City Clerk / gv BLUFFS EAST 13TH ADDITION Exhibit A • LEGAL DESCRIPTION . Outlot B, and that part of Outlot C, BLUFFS EAST SIXTH ADDITION, lying north and east of the following described line: Beginning at the northeast corner of Lot i, Block i, BLUFFS EAST SIXTH ADDITION; thence on a bearing of West along the north line of said Lot i and its extension wgsterly a distance of 197. 34 feet; thence on a bearing of North i25. 00 feet to the north line of said Outlot C and there terminating. • • BLUFFS EAST 13TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-205 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFFS EAST 13TH ADDITION FOR HUSTAD DEVELOPMENT CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bluffs East 13th Addition for Hustad Development Corporation dated September 11, 1992, consisting of 3.1 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. IPADOPTED by the Eden Prairie City Council on the 15th day of September, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • I977 / ( r. • STAFF REPORT • TO: Planning Commission THROUGH: Chris Enger, Director of Planning FROM: Michael D. Franzen, Senior Planner DATE: August 28, 1992 SUBJECT: Bluffs East 13th Addition APPLICANT/ FEE OWNER: Hustad Development Corporation LOCATION: Fawns Way and Franlo Road REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on .69 acres. 2. PUD Concept Review on 186 acres. 41111 3. Zoning District Change from Rural to RM-6.5 on .30 acres. 4. Rezoning from Rural to R1-13.5 on 2.06 acres. 5. Preliminary Plat of 3.1 acres into 10 lots. aC •O ' 0I ly C"Ig7 G EM4 GR. VR // ..DRO&AI LAME n �' ,• OEYMPIC .SRO C4WtT 1n9 .. 11) W ,1.s mON.PHIIRE ORE •. P4 : Z% 7 v� Nln DD .., R Egi • ,il NI(N 44. U 110.CRAIKRRY oRttE 112 II K STAGECOACH PASS • III AlRE W 000 CIRCIF Flying Clad ts.,.. 1:Dgli. TIItNRt2W Y9 RZ NN4NT5lROGE R0. 18I SHADOW 00°CURVE"im �EC. I17.IYTWOOD COURT MAC. • q LL�Q 11 3 0 �SL� NEMN lA ^ U .- ---- - -----.----1 R0. C' •• h E • .} �. 'X'X^w 1:.�.., RIU 1. a : C ►2.MISTY III. :f IJN. .!• '-•-,--r- sx`NEt , ,* z ® w i v I i aAR µlrlhaoW ORua rill _ v ♦��• \ T RrIJO{vl[W 1 JAW'LANE • \ CY1 i IwINMll'LANE E ,,,.. A.EDINlUR4H AT+[IL 4 4 - 18 S.COIONr COURT TII�R{NEWPORT DRIVE . 7 RROWN CFasniOuR CIRCLE ■ +) 1�171 1.DEWM COUR ■ • R>f71[;.:R�1• �.DEVONS IIR[ ACE ■ .( 11 3.4.111.E001111.2 ■ ..-'..2... '� "HIM 11.4RE TEIEIDT ■ MRRAM0RNO memo / c Staff Report Bluffs East 13th Addition • August 13, 1992 BACKGROUND This site is part of the 1986 Bluff Country 186 acre Planned Unit Development. This portion of the Planned Unit Development was depicted as single family lots on both sides of Franlo Road. COMPREHENSIVE GUIDE PLAN CHANGE When calculating densities for a Guide Plan Change Request, the land area of the lots as well as the road right-of-way is included. The density based upon four gross acres is 2.4 units per acre. The City could view the overall density as not exceeding low density residential limit of 2.5 units per acre and no Guide Plan Change could be required. However, the density of this proposal on the south side of Franlo Road is approximately 3 units per acre, and is adjacent to land guided medium density. Because of this, a guide plan change should be processed for the three units proposed on the south side of Franlo Road. The decision to change the Guide Plan is a site specific question as to what is the appropriate density in this location in the Planned Unit Development. The density of the twin home area along Fawn's Way is approximately 4 units per acre. The density of the land area to the north • and west in the PUD is approximately 2 units per acre. This site could be considered a transitional site with a density of 3 units per acre. PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT The 1986 Planned Unit Development Concept depicted two single family homes on the south side of Franlo Road and single family homes on the north side of Franlo Road. Two single family homes on the south side of Franlo Road are an acceptable use within the PUD. A twin home and a single family home could also be considered appropriate within the PUD provided there is architectural continuity with the adjoining twin home neighborhood. It is possible to construct a twin home on the corner lot, however, the twin home would have to be significantly smaller because of the 30 foot setback from both Fawns Way and Franlo Road. A two-story twin home could be constructed on the corner lot but it would be architecturally out of character with the surrounding twin homes. Another alternative would be one twin home on the south side of the road. This would be on a 30,000 square foot lot which would be larger than the other twin home lots within the area. • 1690 C Staff Report Bluffs East 13th Addition August 13, 1992 REZONING REQUESTS A rezoning from rural to R1-13.5 for the lots on the north side of the Franlo Road would be consistent with the Comprehensive Guide Plan and the PUD. All of the lots meet the minimum requirements of the R1-13.5 Zoning District. A rezoning from Rural to RM-6.5 is necessary for the twin home lot. A rezoning to RM-6.5 could be considered appropriate because of the density and the proximity to twin homes on the south side of the lot. The rezoning to R1-13.5 for the corner lot could also be considered appropriate because of the relationship to the single family homes on the north side of Franlo Road. Also, the single family home will be architecturally designed with similar materials and colors of the adjoining twin homes. BUILDING ARCHITECTURE The building elevations for the twin home and the proposed single family home indicate a common use of exterior materials and architectural design. This makes the single family home appear visually to be a part of the twin home project. UTILITIES AND STORM SEWER Sewer and water is available to all lots. Additional catch basins will be needed in the rear yards adjacent to the park to accommodate rear lot drainage. A storm sewer pipe may also be necessary along the south side of the twin home and single family home on the south side of Franlo Road to direct all proposed storm water away from the existing lot to the south. SIDEWALKS AND TRAILS There is an existing sidewalk and trail along Franlo Road. CONCLUSION There are three choices for the type of housing that could be built on the south side of Franlo Road. These would include one twin home unit on the 30,000 sq. ft. lot, 2 single family homes, or a twin home and a single family home as proposed by the developer. All three of these uses are acceptable on this site. The single family home will fit in with the surrounding twin home area because of architectural compatibility. • 1q9 / c C Staff Report Bluffs East 13th Addition August 13, 1992 STAFF RECOMMENDATION The Planning Staff would recommend approval of the Comprehensive Guide Plan Change, PUD Concept Amendment, Zoning District Change to R1-13.5 and RM-6.5, and Preliminary Plat based on plans dated August 28, 1992 and subject to the recommendations of the Staff Report dated August 28, 1992 and subject to the following conditions: 1. Prior to City Council review the proponent shall: a. Modify the grading and drainage plan to provide catch basins to direct storm water runoff across the back yards of the units adjacent to the park. Modify the drainage on the south side of the twin home and single family home to direct drainage away from the adjoining lot. 2. Prior to final plat approval the proponent shall: a. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. • b. Submit detailed storm water runoff and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, the proponent shall: a. Pay the appropriate cash park fee. • A�9kst 3/, /99Z IV. PUBLIC HEARINGS • A. BLUFFS EAST 13TH ADDITION by Hustad Development Corporation. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on .69 acres, Rezoning from Rural to RM-6.5 on .30 acres, Rezoning from Rural to R1-13.5 on 2.06 acres, PUD Concept Review on 186 acres, and Preliminary Plat of 3.1 acres into 10 lots. Location: North of Franlo Road, West of County Road 18. Beth Simonsted, representing Hustad Development, gave a summary of the project. She stated that twin homes would be consistent with the area and would provide transition from high density to low density residential. Norman asked about the positioning of the single family home. Simonsted replied that the single family home would be placed on the corner lot. Kardell inquired about the architecture and whether it will be consistent with the surrounding architecture. Simonsted supplied an architectural elevation and stated that the architecture would be consistent. Bruce Foster of 9805 Lee Drive asked whether the zoning change would affect surrounding homes. Uram responded that any unplatted area is zoned "rural" until the Commission sees a plan for its development. Simonsted reiterated that • there would be no effect on surrounding homes. MOTION 1: Bauer moved, seconded by Norman to close the public hearing. Motion carried 6-0-0. MOTION 2: Bauer moved, seconded by Norman to recommend to the City Council approval of the request of Hustad Development Corporation for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on .69 acres for a single family residential development based on plans dated August 28, 1992, subject to the recommendations of the Staff Report dated August 28, 1992. Motion carried 6-0-0. MOTION 3: Bauer moved, seconded by Norman to recommend to the City Council approval of the request of Hustad Development Corporation for rezoning from Rural to RM-6.5 on .3 acres and rezoning from Rural to R1-13.5 on 2.06 acres for a single family residential development based on plans dated August 28, 1992, subject to the recommendations of the staff report dated August 28, 1992. Motion carried 6-0-0. • MOTION 4: Bauer moved, seconded by Norman to recommend to the City Council approval of the request of Hustad Development Corporation for Planned Unit Development Concept Review on 186 acres, based on plans dated August 28, 1992, subject to the recommendations of the Staff Report dated August 28, 1992. Motion carried 6-0-0. MOTION 5: Bauer moved, seconded by Norman to recommend to the City Council approval of the request of Hustad Development Corporation for Preliminary Plat of 3.1 acres into 10 lots, based on plans dated August 28, 1992, subject to the recommendations of the Staff Report dated August 28, 1992. Motion carried 6-0- 0. s • < < STAFF REPORT • TO: Planning Commission THROUGH: Chris Enger, Director of Planning FROM: Michael D. Franzen, Senior Planner DATE: August 28, 1992 SUBJECT: Woodlake Sanitary Service - Equipment Building APPLICANT: Rutledge Construction Company FEE OWNER: Woodlake Sanitary Service, Inc. LOCATION: 9813 Flying Cloud Drive REQUEST: 1. Zoning District Change from Rural to I-2 Industrial on 1.85 acres. 2. Site Plan Review within the I-2 Industrial District on 1.85 III acres. �' RO Ix.AlA10l10 W!e / LEA Ixt MNTAN ue. .... .76..1, Ix..CROCW LA C �♦TINN /////////////// • • GREY MIDGE011 VL. 1 MIT !( 20121 Wt. 0 9 t, 0 .. W (-7 ., oi.,... ,, 7 U✓ + • ♦♦♦♦ PAILL . IR. et ®STAGACN.ASS 1 _ D c II T tl.N Rxx T/ Flying Clwd 117 ►�. RD A x.Ix7 Aaparf • c:C. J4‹ . N O / • Site "° R ( °DIM MAC. © ♦ d,0 c' KME,Igw to ,. vI•w R0 �'• • Olt. .{!:�r Y - 'L3rT'; O.. "• TON "7 . ' 1 4 o. ® ., ivy d'^ :---75,ir ' ' •N";* ' "....' 'e".'N. ,t. *WE btf2Fri444 •1.99 • • 1 JASPER LAME ~� • 2.HORSESHOE TRAM, _ • ..BRITTANY WI • A EOIN.yRG..C//1f - 0.COIONT GOW17 /Qq C Staff Report Woodlake Sanitary Service - Equipment Building • August 28, 1992 BACKGROUND This site is currently guided Industrial on the City's Comprehensive Guide Plan. This site is zoned Rural. The Woodlake Sanitary Services business is located is on property currently zoned I-2. The rezoning area map (part of the proponent's Exhibit) indicates that the rezoning area would be a contiguous to the area currently zoned I-2. This building is proposed as support to the post closure maintenance activities of the landfill. In addition to office space for personnel, there will be storage of equipment, parts and instruments. Typical maintenance equipment that would be stored in the building would be a tractor and mower used to mow the site, a backhoe and loader to maintain settlement areas or repairs to the methane system and a small dozer or motor grader to maintain settlement areas and grade roads. SITE PLAN The site plan depicts the construction of a one-story, 2,300 sq. ft. building on 1.85 acres of land at a base area ratio of 3%. The Industrial Zoning District would allow up to a 30% base area ratio. Parking required is 7 parking spaces. Seven parking spaces are shown on the site plan. The building meets the minimum setback requirements of the I-2 Park Zoning District. ARCHITECTURE The 20 foot high building will be constructed out of stacked bond concrete panels. This is a permitted building material in the I-2 Park Zoning District. The architectural plans do not indicate the location of mechanical equipment. All mechanical equipment must be screened according to City Code. UTILITIES There is no municipal water or sewer near this property. The nearest sewer and water lines are located at the intersection of Pioneer Trail and Highway 169. The building will use a septic tank, drain field system, and a well. STORM DRAINAGE There is no existing City storm sewer system nearby the property. Storm water runoff will be drained into collection areas as part of the landfill closure plan. • F Staff Report • Woodlake Sanitary Service - Equipment Building August 28, 1992 ALTERNATIVE LOCATIONS FOR THE BUILDING The City has talked with representatives of Woodlake Sanitation Services about locating the building on land which is already zoned I-2. There are some locations where the storage building could be located on property which is zoned I-2, however, it would not be located in an area that would be as accessible for the landfill closure activities. In addition, parking areas, storage areas, or berms would be disturbed. LANDSCAPING The landscaping required for this project would be based upon the building square footage. A total of 7 caliper inches of trees is required. These trees could be located as part of the existing landscaping and berming at the entrances along Highway 169. STAFF RECOMMENDATION The Planning Staff would recommend approval of the rezoning request from Rural to I-2 Park and site plan review on 1.85 acres based on plans dated August 28, 1992, and recommendations • of the Staff Report dated August 28, 1992 and subject to the following conditions: 1. Prior to building permit issuance, the proponent shall: a. Submit plans for review by the Fire Marshal. b. Pay the appropriate cash park fee. () C • MEMORANDUM TO: Planning Commission FROM: Craig W. Dawson, Assistant to the City Manager SUBJECT: Status of Final Closure Activities at Flying Cloud Landfill DATE: August 27, 1992 CURRENT STATUS Since Woodlake/BFI withdrew its application for an expansion of the Flying Cloud Sanitary Landfill in September 1990, the long process of the permanent closure of the landfill has been underway. About a year of planning went into the design of the final contours, pollution control systems, and a health assessment. Plan components were discussed by the Landfill Closure Committee (whose members include the City, the Homeward Hills Homeowners Association, and Woodlake/BFI, with frequent attendance by the Minnesota Pollution Control Agency), and Woodlake/BFI has incorporated several changes which have been suggested. At this point, 1111) construction of major features of the closure plan is nearing completion. * Final Grading - Massive earthmoving activities to place a natural cap over the refuse deposit began in early spring. The cap will consist of a four-foot layer of clay under two feet of topsoil. Vegetation will be shallow-rooted in order not to threaten the integrity of the cap. Final contours will have a "corrugated" or "waffled" design instead of a high dome. Existing garbage was exposed and moved for 6-8 weeks in April and May to make sure that runoff would be channelled entirely outside of the waste deposit. * Methane Collection - Methane is a potentially combustible gas which occurs naturally from decomposition. A redesigned system of methane collection wells and piping is being installed. Occasionally, existing garbage needs to be exposed as equipment is placed around each well site. The methane is expelled through an industrial flare. * Groundwater Treatment System - Upper groundwater layers have been contaminated by volatile organic compounds (VOC's), which are generally found in solvents. Groundwater will be captured by a series of "barrier wells" placed just north of the top of the Minnesota River bluffs. Groundwater is pumped and sent through an air stripper where VOC's are treated. The water effluent has a high iron content and will need to be discharged directly to the Minnesota River instead of through Grass Lake. c c Memo Status of Final Closure Activities at Flying Cloud Landfill August 27, 1992 Page 2 Three types of VOC's in the groundwater do not lend themselves to air stripping treatment, and the system in place did not treat them satisfactorily in tests done last year. (The system is not operating now.) The MPCA has decided that some additional treatment or alternative treatment system will be required. The Woodlake/BFI and City consultants have been discussing and identifying what systems may be appropriate. * End Use Plan: - Plans for future uses of the property must be submitted. Woodlake/BFI has not yet shown such plans to the City. * Health Assessment - Woodlake/BFI is preparing a report on environmental and health effects of the landfill and its pollution control systems into the future. The assessment is under review by the MPCA and may be required to be revised. POST CLOSURE Current State law requires the MPCA to hold Woodlake/BFI responsible for the operation and maintenance of the site and equipment for at least 20 years after the closure of the landfill. Financial assurances from Woodlake/BFI are required throughout the post-closure period. • REMAINING ACTIVITIES Grading and methane collection installation are expected to be finished this fall. Resolution of the additional or alternative treatment of the groundwater is several months away; the system in place and ready to be started may begin operation before modifications are made. The health assessment appears to be several months away from approval. Seeding of the site will be done this fall. Woodlake/BFI has yet to show any end-use plans for its property. LANDFQ..CWD:be • /q `9 1 (,t►wPproae� ��ah.�ny ;c,". $, AuyKSi- 31, 199 Z • B. WOODLAKE SANITARY SERVICE-EOUIPMENT BUILDING - Rezoning from Rural to I-2 Park Zoning District on 1.85 acres and Site Plan Review within the I-2 Park District on 1.85 acres for construction of a 2,200 square foot storage building. Location: 9813 Flying Cloud Drive. Eric Christianson from Rutledge Construction was present and gave a presentation regarding the proposed building and surrounding site. He pointed out that the style and building materials would be very similar to those of surrounding buildings. Uram highlighted the staff report, and stated that the staff recommends approval with the two conditions listed therein. He also pointed out that Craig Dawson, Assistant to the City Manager, provided a comprehensive memo describing landfill closure. Norman asked what will happen to the building when the landfill closes. Christiansen responded that there is a twenty year commitment remaining for the landfill, with unforseen circumstances possibly keeping it open even longer. MOTION 1: Kardell moved, seconded by Wissner to close the public hearing. Motion carried 6-0-0. MOTION 2: • aO,O0 Kardell moved, seconded by Wissner to recommend to the City Council approval of the request of Woodlake Sanitary Service for rezoning from Rural to I-2 Park on 1.85 acres for an Equipment Building based on plans dated August 28, 1992, subject to the recommendations of the Staff Report dated August 28, 1992. Motion carried 6-0-0. MOTION 3: Kardell moved, seconded by Wissner to recommend to the City Council approval of the request of Woodlake Sanitary Service for Site Plan Review within the I-2 Park District on 1.85 acres, based on plans dated August 28, 1992, subject to the recommendations of the Staff Report dated August 28, 1992. Motion carried 6-0- 0. i aoo STARKEY LABORATORIES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA . RESOLUTION NO. 92-208 A RESOLUTION APPROVING THE STARKEY LABORATORIES PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL STARKEY LABS ADDITION (RESOLUTION NO. 92-85) PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Starkey Laboratories development is considered a proper amendment to the overall Starkey Labs Addition Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Gavic Construction Corp. for PUD Concept Amendment approval to the overall Starkey Labs Addition Planned Unit Development Concept for the Starkey Laboratories development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on September 15, 1992; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Starkey Laboratories development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Starkey Labs Addition Planned Unit Development Concept as outlined in the application materials for Gavic Construction Corp. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated September 14, 1992. ADOPTED by the City Council of Eden Prairie this 15th day of September, 1992. Douglas B. Tenpas, Mayor ATTEST: • John D. Frane, City Clerk Qc• 1i) Exhibit A Starkey Laboratories LEGAL DESCRIPTIONS: Lots 1 and 2, Block 1, CLAREDON PARK,Hennepin County,Minn. (6700 Washington Ave.), containing 11.68 ac. Existing Zoning=I-2 Park That part of the North 10 acres of the Northeast Quarter of the Southeast Quarter of Section 1, Township 116, Range 22, Except Roads; which lies westerly of the following described line: Beginning at the northeast 'corner of Section 1, Township 116, Range 22; thence South 87 degrees 24 minutes 02 seconds East a distance of 88.5 feet; thence South 00 degrees 45 minutes 42 seconds East a distance of 2570.28 feet; thence South 89 degrees 14 minutes 18 seconds West a distance of 136.00 feet to the actual point of beginning of the line to be described; thence South 00 degrees 45 minutes 42 seconds East a distance of 373.78 feet; thence southeasterly along a tangential curve to the left, said curve having a radius of 2863.79 feet (delta angle 17 degrees 27 minutes 15 seconds) a distance of 872.71 feet anf there terminating. For the purpose of this description the East line of. the Northeast Quarter of said Section 1, shall be designated as having an assumed bearing of North 04 degrees 19 minutes 05 seconds West. (6600 Washington Ave.),containing 8.32 ae. Existing Zoning=I-2 Park &I-5 Park • 9,00 ' STAFF REPORT • TO: Planning Commission THROUGH: Chris Enger, Director of Planning FROM: Donald R. Uram, Planner DATE: September 11, 1992 SUBJECT: Starkey Labs Addition APPLICANT/ FEE OWNER: Starkey Laboratories, Inc. LOCATION: West of Washington Avenue, north of Hamilton Road REQUEST: 1. PUD Concept Amendment on 20 acres. 2. PUD District Review within the I-5 Zoning District with a waiver on 5.57 acres. 3. Site Plan Review on 5.57 acres. 411 / + 11- 111r. oJo 4. C 0iViItP�j�4 " SHADY � � Milli OAK e•♦1•• 4 IND ILION .;� 4Hh RK, 1< SHADY • A& SHACY OAK INOK IND. cia A.If TN. St W PIC IND. 3rd and 1 ?AHK LOCATION MAP aJ9L1 BACKGROUND The existingStarkeyLabs propertyand the propertyto the north are designated on the g Comprehensive Guide Plan for industrial land uses and zoned I-2 and I-5. Starkey Labs purchased the 8.32 acre northern lot to combine with their existing property to create two lots. The Planning Commission and City Council reviewed and approved this proposal in Spring, 1992. SITE PLAN The existing building contains 73,200 square feet and Starkey Laboratories is proposing a building expansion of 4,700 square feet. The parking requirement for a 77,900 square foot building based upon 4,700 sq. feet of office and 73,200 sq. ft. of manufacturing is 244 parking spaces. A total of 265 spaces are proposed on-site. Based on a lot size of 5.57 acres and a 77,900 square foot building, a Base Area Ratio of 32.1% is calculated. City Code allows 30%. WAIVERS The proposal meets the minimum requirements of the I-5 Zoning district with the exception of sideyard setback to the building on Lot 2 and Base Area Ratio (B.A.R.). The waivers necessary are as follows: WAIVER PROPOSED CODE B.A.R. 32.1% 30 % SIDEYARD SETBACK 18 FEET 30 FEET In the April 10th report, Staff recommended that the lot be increased in size from the original 5.1 acres to 5.57 to meet the code requirement of 30%. This lot size was based on a building size of 73,200 sq. ft. and did not consider any expansion potential. A 77,900 sq. ft. building requires a 6 acre lot to be consistent with the code. Alternatives include either replatting the lot or receiving a waiver. Due to the length of time required to replat the property, Staff recommends that a temporary waiver be granted until an additional building expansion is proposed or the property is sold. At that time, the property shall be replatted to meet the 30% B.A.R. maximum. Finally, because the sideyard setback waiver is an existing condition, Staff recommends approval of the waiver as a housekeeping item. STAFF RECOMMENDATIONS Staff recommends approval of the request for PUD Concept Review on 20 acres, PUD District Review within the I-5 Zoning District with a waiver on 5.57 acres, and Site Plan Review on 5.57 acres based on plans dated August 18, 1992, subject to the recommendation of the Staff Report dated September 11, 1992 and subject to the following conditions: • 0 • 1. Proponent shall begin implementation of the requirements from the Developer's Agreement dated June 2, 1992 including (see attached): a. Correct the erosion control problem to the rear of the existing building on proposed Lot 2. b. Remove existing outside storage. c. Screen rooftop with mechanical equipment. d. Install landscaping and 5% planting islands throughout the project. 2. A site plan review process is required for the future 30,000 square foot building and parking lot expansions. 3. Waivers are granted through the PUD process for a building sideyard setback of 18 feet versus City Code requirement of 30 feet for the proposed building expansion on Lot 2 and for a B.A.R. of 32.1%. The B.A.R. waiver is temporary until an additional building expansion is requested or the property is sold. At that time, the property shall be replatted. No additional waivers will be granted. 0 4. Comply with City and Watershed District requirements for storm water management. STKYLAB.DRU STARKEY LABS ADDITION • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of (,�,... 2, , 1992, by Starkey Laboratories, Inc., a Minnesota Corporation, hereinafter referred to as " veloper," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNFSSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 20 acres, Planned Unit Development District Review within the I-2 and I-5 Zoning Districts with waivers on 20 acres, Site Plan Review on 20 acres and Preliminary Plat of 20 acres into 2 lots and road right-of-way for construction of additional parking, all on 20 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. 10-92-PUD-3-92, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed an! approved by the City Council on May 5, 1992, revised and dated April 30, 1992, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. LAND ALTERATION PERRMIT: 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. • 20 0/ • • 5. ADDITIONAL REQUIREMENTS: Prior to release by the City of any final plat for the Property, Developer shall submit to the Director of Planning, and obtain the Director's approval of plans to correct the following items: A. The erosion problem to the rear of the existing building on proposed Lot 2. B. -Removal of existing outside storage. C. Screening of existing rooftop mechanical equipment according to City Code. Further, Developer agrees to complete these requirements, in a manner approved by the Director of Planning, by December 31, 1992. 6. SITE PLAN REVIEW: Developer acknowledges that any future building expansion plans will require review by the Planning Commission and City Council in accordance with City Code Chapter 11, Subd. 6. "Site Plan and Architectural Design Review." 411 • 9,Do SEPTEMBER 15,1992 27740 FIRST BANK EDEN PRAIRIE PAYROLL 8-21-92 78667.07 27741 FEDERAL RESERVE BANK PAYROLL 8-21-92 SAVINGS BONDS 300.00 7742 GREAT WEST LIFE ASSURANCE CO PAYROLL 8-21-92 6244.00 43 HENN CTY SUPPORT & COLLECTION SER PAYROLL 8-21-92 CHILD SUPPORT DEDUCTION 225.69 44 HENN CTY SUPPORT & COT.rJ CTION SER PAYROLL 8-21-92 CHILD SUPPORT DEDUCTION 280.00 27745 ICMA RETIREMENT TRUST-457 PAYROLL 8-21-92 2773.76 27746 INTERNAL REVENUE SERVICE PAYROLL 8-21-92 566.61 27747 INTERNAL REVENUE SERVICE PAYROLL 8-21-92 32.00 27748 INTL UNION OF OPERATING ENG AUGUST 92 UNION DUES 1270.00 27749 MEDCENTERS HEALTH PLAN INC SEPTEMBER 92 HEALTH INSURANCE PREMIUM 18052.30 27750 MEDICA CHOICE SEPTEMBER 92 HEALTH INSURANCE PREMIUM 44138.45 27751 MN STATE RETIREMENT SYSTEM PAYROLL 8-21-92 50.00 27752 MN TEAMSTERS CREDIT UNION PAYROLL 8-21-92 25.00 27753 EXECUTIVE DIRECTOR-PERA SEPTEMBER 92 LIFE INSURANCE PREMIUM 201.00 27754 EXECUTIVE DIRECTOR-PERA PAYROLL 8-21-92 36079.46 27755 EXECUTIVE DIRECTOR-PERA PAYROLL 8-21-92 112.50 27756 . UNITED WAY PAYROLL 8-21-92 164.50 27757 SUPPLEES 7 HI ENTERPRISES INC SEPTEMBER 92 RENT-LIQUOR STORE 5035.87 27758 VOID OUT. CHECK 0.00 27759 MN ASSN OF ASSESSING OFFICERS CONFERENCE-ASSESSING DEPT 600.00 27760 PETTY CASH -EXPENSES-CITY HALL/PARK MAINT/ADAPTIVE 64.05 -RECREATION PROGRAM/POOL LESSONS/LIQUOR STORE/HOUSING REHABILITATION PROGRAM 27761 LMHRC CONFERENCE-HUMAN RIGHTS & SERVICES COMM 120.00 27762 OUR DESIGNS FIRE PREVENTION SUPPLIES-FIRE DEPT 108.50 27763 ARLONA FIRE & BURN EDUCATORS ASSN CONFERENCE-FIRE DEPT 160.00 27764 COOKIES BY DEB EXPENSES-CITY COUNCIL 11.18 27765 JEANNES TRAVEL INC CONFERENCE AIRFARE-FIRE DEPT 579.00 4766 EAGLE WINE CO WINE 952.97 67 GRIGGS COOPER & CO INC LIQUOR 16047.27 68 JOHNSON BROTHERS LIQUOR CO WINE 22211.41 27769 ED PHILLIPS & SONS CO LIQUOR 12823.35 27770 PRIOR WINE CO WINE 1806.71 .27771 QUALITY WINE & SPIRITS CO LIQUOR 7769.16 27772 THE WINE COMPANY WINE 473.50 27773 BEST BUY -NETWORK KIT FOR EQUIPMENT & STREET 744.03 DIVISION COMPUTERS . 27774 IAAO CONFERENCE-ASSESSING DEPT 519.00 27775 STUART ALEXANDER REFUND-RACQUETBALL LEAGUE 5.00 27776 AUDREY JOHNSON REFUND-MPLS PKWY TOUR-SENIOR PROGRAMS 4.50 27777 M M JOHNSON REFUND-SWIMMING LESSONS 24.00 27778 GREEN MILL RESTAURANT EXPENSES-CITY COUNCIL 76.38 27779 LAKE COUNTRY CHAPTER CONFERENCE-BUILDING INSPECTIONS DEPT 250.00 27780 FIRE CHIEFS CONFERENCE CONFERENCE-FIRE DEPT 105.00 27781 PETTY CASH-SENIOR CENTER CHANGE FUND-SENIOR CENTER PROGRAMS 50.00 27782 JASON NORTHCO L P #1 SEPTEMBER 92 RENT-CITY HALL 6172.08 27783 WELSH COMPANIES SEPTEMBER 92 RENT-CITY HALL 22049.46 27784 WELSH COMPANIES SEPTEMBER 92 RENT-LIQUOR STORE 6435.47 27785 JACK SCHEPERS -REIMBURSEMENT OF AUTO INSURANCE- 420.00 LIQUOR STORE 27786 NORTHERN STATES POWER CO SERVICE 20904.62 27787 MINNEGASCO SERVICE 1771.25 27788 HOPKINS POSTMASTER POSTAGE-COMMUNITY NEWSLETTER 2265.48 27789 CHAD WALLEBECK SERVICE-TEEN WORK PROGRAM 39.93 .90 BRIANA ELFSTROM SERVICE-TEEN WORK PROGRAM 46.40 31982791 SEPTEMBER 15,1992 27791 ANDERSONS GARDEN EXPENSES-FIRE DEPT 89.75 27792 LOIS BOETTCHER MINUTES-HISTORICAL & CULTURAL COMMISSION illig 27793 YALE INC BOILER REPAIR-WATER DEPT 1 27794 RICHARD ANDERSON -REPLACEMENT CHECK FOR STOP PAYMENT ISSUED . 0 ON CHECK #22406 DATED 3-10-92 27795 AARON CLARK -REPLACEMENT CHECK FOR STOP PAYMENT ISSUED 199.00 ON CHECK #22061 DATED 2-18-92 27796 EAGLE -REPLACEMENT CHECK FOR STOP PAYMENT ISSUED 42.00 ON CHECK #15623 DATED 6-7-91 27797 NATE KOWALIK -REPLACEMENT CHECK FOR STOP PAYMENT ISSUED 35.08 ON CHECK #17377 DATED 8-20-91 27798 ANDREA MIHOKANICH -REPLACEMENT CHECK FOR STOP PAYMENT ISSUED 4.65 ON CHECK #20399 DATED 12-3-91 27799 MN DEPT OF NATURAL RESOURCES -REPLACEMENT CHECK FOR STOP PAYMENT ISSUED 130.00 ON CHECK #18908 DATED 10-2-91 27800 • PHILLIPS PETROLEUM -REPLACEMENT CHECK FOR STOP PAYMENT ISSUED 258.26 ON CHECK #16684 DATED 7-16-91 27801 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL 585.20 27802 TARGET STORES GIFT CERTIFICATES-SAFETY INCENTIVE PROGRAM 25.00 27803 AT&T SERVICE 154.10 27804 AT&T SERVICE 502.20 27805 U S WEST COMMUNICATIONS SERVICE 2810.95 27806 CINDY AVELSGARD REFUND-SWIMMING LESSONS 19.00 27807 AMIR BERENJIAN REFUND-SWIMMING LESSONS 11.00 27808 GARY HVASS REFUND-MEMBERSHIP FEE 48.20 27809 MERLEEN MENTZER REFUND-STATE FAIR TRIP-SENIOR PROGRAM 3.00 27810 MN CHILDRENS HOSPITAL REFUND-OUTDOOR CENTER RENTAL 64.55 27811 KURT RAUSCH REFUND-LIFEGUARD TRAINING 0 27812 HOWARD JOHNSONS -LODGING-NATIONAL K-9 FIELD TRIALS-POLICE Ampo DEPT 27813 SUNWOOD INN CONFERENCE LODGING-POLICE DEPT 111.50 27814 MN DEPT OF PUBLIC SAFETY CONFERENCE-POLICE DEPT 40.00 .27815 AUTO-SOUND ENTRONIX RADIOS-EQUIPMENT MAINTENANCE 287.44 27816 MINNESOTA SPORTS FEDERATION -TEAM REGISTRATIONS-TOUCH FOOTBALL STATE 64.00 TOURNAMENT FEE/FEES PAID 27817 MN TACTICAL OFFICERS TRAINING FUN CONFERENCE-POLICE DEPT 1320.00 27818 VOID OUT CHECK 0.00 27819 VOID OUT CHECK 0.00 27820 VOID OUT CHECK 0.00 27821 VOID OUT CHECK 0.00 27822 VOID OUT CHECK 0.00 27823 VOID OUT CHECK 0.00 27824 VOID OUT CHECK 0.00 27825 VOID OUT CHECK 0.00 27826 VOID OUT CHECK 0.00 27827 VOID OUT CHECK 0.00 27828 VOID OUT CHECK 0.00 27829 VOID OUT CHECK 0.00 27830 VOID OUT CHECK 0.00 27831 VOID OUT CHECK 0.00 27832 VOID OUT CHECK 0.00 27833 VOID OUT CHECK 0.00 27834 VOID OUT CHECK 400 27835 VOID OUT CHECK 0 27836 VOID OUT CHECK .00 797074 SEPTEMBER 15,1992 27837 VOID OUT CHECK 0.00 4ii838 VOID OUT CHECK 0.00 39 VOID OUT CHECK 0.00 40 VOID OUT CHECK 0.00 27841 DREW ALLENSWORTH REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27842 MARCIA AMELUXEN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27843 CLIFF AMUNDSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27844 BECKY ANDERSON REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27845 JIM ANDERSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27846 LYNN E ANDERSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27847 STEVE ANDERSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27848 TODD ANDERSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27849 BARB BAGLIEN REFUND-SOFTBALL ELIGIBILITY FEE 50.00 27850 TOM BARTL REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27851 LARRY BENNER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27852 RANDY BIERBAUM REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27853 DAN BINS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27854 CURT BJORLIN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27855 KEVIN BLAKE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27856 JIM BODICK REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27857 SELWYN BOSCHEE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27858 CHUCK BOTHE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27859 DOUG BROWN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27860 DAVID BRUCKS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27861 SHERRY BRUNING REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27862 JAMES BULTMAN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27863 RICK CARLSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 64 TOM CARLSON REFUND-SOFTBALL ELIGIBILITY FEE 75.00 65 RUTH CLAASSEN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 866 JUDY CLARK REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27867 GARY CLIFFORD REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27868 ED COLE REFUND-SOFTBALL ELIGIBILITY FEE. 50.00 27869 BILL CRABB REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27870 RANDY DALLMAN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27871 MARK DANIELSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27872 EARL E DAUGHERTY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27873 TROY DEAN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27874 ERIC DEHKES REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27875 DOMINIC DEVAAN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27876 MATT DETERDING REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27877 BRAD DIEKMANN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27878 BRIAN DOTEN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27879 LARRY DOVER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27880 JOHN W DRISCOLL REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27881 KARL DROBNICK REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27882 BILL DRURY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27883 ROBERT EARLY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27884 DAVID EIKE REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27885 CHRISTY ELDER REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27886 DANIEL J ERDMANN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27887 BRAD ERRETT REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27888 LIZ FABISH REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27889 DAVID P FISCHER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 41,90 BILL FLANAGAN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 91 LARRY FOOTE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 482500 30q B SEPTEMBER 15,1992 27892 ROBERT FRANCIS REFUND-SOFTBALL ELIGIBILITY FEE 1"' 40 27893 TERESA FRANCIS REFUND-SOFTBALL ELIGIBILITY FEE 1( • 27894 SCOTT FRANSEN REFUND-SOFTBALL ELIGIBILITY FEE 1.1 .10 27895 JIM FRATTO REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27896 KAREN A FRIES REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27897 GE CPITAL FLEET SERVICES REFUND-SOFTBALL ELIGIBILITY FEE 175.00 27898 MAARIE GAYTHER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27899 JEFF GILBERTSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27900 ARTHUR GLICK REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27901 BOB GRANT REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27902 DANIEL GROEN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27903 RON GRONFOR REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27904 JENNY R GRUBB REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27905 JASON GRUND REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27906 TOM GUNDERSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27D07 JOHN HAANSTAD REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27908 KEN HOLLONQUIST REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27909 DAVID HANN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27910 TONY HANSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27911 ROB HARREL REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27912 SCOTT C HARRINGTON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27913 DEBORAH L HEGGE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27914 GENE E HENDERSON JR REFUND-SOFTBALL ELIGIBILITY FEE 50.00 27915 DENNIS HENRICH REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27916 STEVE HERDER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27917 DAVID HIBBISON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27918. WILLIAM HOAG REFUND-SOFTBALL ELIGIBILITY FEE lako 27919 DAN HODORFF REFUND-SOFTBALL ELIGIBILITY FEE ligwo 27920 PAUL HOFFER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27921 MARK H HOGUE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27922 BRIAN HOVEY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 •27923 DON HUNTER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27924 SCOTT HUTCHINS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27925 PAUL H IMBERI REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27926 PETER S IZMIRIAN REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27927 JERRY M JENSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27928 DAVID JENSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27929 MARK L JOHNSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27930 TODD R JOHNSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27931 MARTY JOHNSON REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27932 RANDY KASECKY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27933 RANDY L KELLOGG REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27934 TOM KIEFFER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27935 TODD KIMMES REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27936 BRUCE KIRKPATRICK REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27937 RONALD L KNOTT REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27938 GREG KORTUEM REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27939 TIM KOST REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27940 AUDREY N KRAMER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27941 TONY KRICK REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27942 BILL KROGMAN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27943 MATT LAMMERS REFUND-SOFTBALL ELIGIBILITY FEE 1e' .0 27944 GREG LAPPIN REFUND-SOFTBALL ELIGIBILITY FEE (0 27945 RANDY LARSON REFUND-SOFTBALL ELIGIBILITY FEE l•*.00 27946 SANDRA LAURING REFUND-SOFTBALL ELIGIBILITY FEE 100.00 535000 ... 3oq C SEPTEMBER 15,1992 27947 WILLIAM LIDFORS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 4ii948 MICHAEL LIEN REFUND-SOFTBALL ELIGIBILITY FEE 75.00 49 STEVE LINDAHL REFUND-SOFTBALL ELIGIBILITY FEE 100.00 50 BEV LOHS REFUND-SOFTBALL ELIGIBILITY FEE 250.00 27951 BOB LONGNECKER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27952 BILL LORNTSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27953 BRIAN LOUHI REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27954 TRACY J LUKE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27955 DAVID LYONS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27956 JAY MARTIN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27957 JAY MAXEY REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27958 JEFF MAY REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27959 BRETT MCMAHON REFUND-SO?rBALL ELIGIBILITY FEE 100.00 27960 BOB MEYERS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27961 DAVID MILANO REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27962 . CHRIS MILLER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27963 MIKE MILLER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27964 MARK M MILLS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27965 FINLEY MONTGOMERY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27966 DAN MURPHY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27967 ROBERT NAGEL REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27968 ROB NESSA REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27969 JOHN E NEUMEIER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27970 AL NIEDERHAUS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27971 ROBERT NORRIS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27972 RANDAL OBRIEN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27973 STEVE OLSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 Ø74 TOM OWENS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 75 LAURA HUBERTY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 76 JAN PERRY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27977 LEON R PETERS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27978 CINDY PETERSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 •27979 TODD PLADSEN REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27980 MIKE POWER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27981 LISA QUIGGLE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27982 LORI RETTERATH REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27983 JOSEPH RICHARDSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27984 JOSEPH RICHARDSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27985 BOB RIES REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27986 THOMAS M RIFFE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27987 MICHAEL D RIGGLE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27988 JOHN ROCHE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27989 JAY RODBERG REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27990 KEVIN ROQUETTE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27991 THOMAS ROSKE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27992 KATHY ROSSMAN REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27993 MARK ROSSMANN REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27994 KENT J ROTH REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27995 STANLEY RUUD REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27996 RANDY RYSKI REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27997 CHRIS SANDERS REFUND-SOFTBALL ELIGIBILITY FEE 75.00 27998 DARRYL SANFORD REFUND-SOFTBALL ELIGIBILITY FEE 100.00 27999 DAVID SANNY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 41,00 MIKE SAUER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 01 HENRY W SCHAFER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 540000 Zoo 0 SEPTEMBER 15.1992 28002 MYRON SCHMITZ REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28003 DAN SEELER REFUND-SOFTBALL ELIGIBILITY FEE 100 40 28004 ANN SENN REFUND-SOFTBALL ELIGIBILITY FEE 1t 28005 MIKE SHEEHAN REFUND-SOFTBALL ELIGIBILITY FEE 106..0 28006 PAT SIEBENALER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28007 ROBIN SMITH REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28008 ROBERT SNELL REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28009 PHIL SOLTVEDT REFUND-SOFTBALL ELIGIBILITY FEE 75.00 28010 DICK SPEAR REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28011 JON STORM REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28012 LISA STRAKA REFUND-SOFTBALL ELIGIBILITY FEE 75.00 28013 LAREE STREMPKE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28014 JIM STRONER REFUND-SOFTBALL ELIGIBILITY FEE 175.00 28015 TOM SUTERA REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28016 RODGER SWANSON REFUND-SOFTBALL ELIGIBILITY FEE 75.00 28017 • DAVE TERRY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28018 RANDY THOMPSON REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28019 LIZ TRACY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28020 PHIL TRAEGER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28021 DAVID A TYPPO REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28022 DENISE ULRICH REFUND-SOFTBALL ELIGIBILITY FEE 50.00 28023 DUANE ULRICH REFUND-SOFTBALL ELIGIBILITY FEE 100.00 . 28024 GREG VALENTY REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28025 GREG VANDERVORSTE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28026 MARK VELNER REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28027 DEBBIE A WALLICK REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28028 JAMES WALZ REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28029. JON WEILL REFUND-SOFTBALL ELIGIBILITY FEE 2gliko 28030 LAURA A WENDT REFUND-SOFTBALL ELIGIBILITY FEE 1 0 28031 SUE WILKINSON REFUND-SOFTBALL ELIGIBILITY FEE 75.00 28032 SHERRY WINTERS REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28033 ROBERT WINTERS REFUND-SOFTBALL ELIGIBILITY FEE 75.00 28034 MICHAEL WYATT REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28035 MIKE YAGER REFUND-SOFTBALL ELIGIBILITY FEE 75.00 28036 TERRY A YBARRA REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28037 ERIC YOUNG REFUND-SOFTBALL ELIGIBILITY FEE 100.00 • 28038 CRAIG ZEMKE REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28039 DAN ZEYEN REFUND-SOFTBALL ELIGIBILITY FEE 100.00 28040 WAYNE ZILL REFUND-SOFTBALL ELIGIBILITY FEE 25.00 28041 EDEN PRAIRIE FIRE RELIEF ASSN 92 FIRE STATE AID PENSION 127346.00 28042 CARRIE A BARCLAY REFUND-SOFTBALL PLAY-OFF FEE 50.00 28043 LARRY BENNER REFUND-SOFTBALL PLAY-OFF FEE 50.00 28044 CURT BJORLIN REFUND-SOFTBALL PLAY-OFF FEE 50.00 28045 SEAN BYERS REFUND-SOFTBALL PLAY-OFF FEE 50.00 28046 DANIEL GROEN REFUND-SOFTBALL PLAY-OFF FEE 50.00 28047 DENNIS HENRICH REFUND-SOFTBALL PLAY-OFF FEE 50.00 28048 LAURA HUBERTY REFUND-SOFTBALL PLAY-OFF FEE 50.00 28049 RANDY KASECKY REFUND-SOFTBALL PLAY-OFF FEE 50.00 28050 GREG KORTUEM REFUND-SOFTBALL PLAY-OFF FEE 50.00 28051 MICHAEL LIEN REFUND-SOFTBALL PLAY-OFF FEE 50.00 28052 STEVE LINDAHL REFUND-SOFTBALL PLAY-OFF FEE 50.00 I 28053 TRACY LUKE REFUND-SOFTBALL PLAY-OFF FEE 50.00 28054 BRETT_MCMAHON REFUND-SOFTBALL PLAY-OFF FEE 00 28055 BOB MEYERS REFUND-SOFTBALL PLAY-OFF FEE 0 28056 BETTE MURPHY REFUND-SOFTBALL PLAY-OFF FEE .00 13189600 SEPTEMBER 15,1992 28057 KEVIN ROQUETTE REFUND-SOFTBALL PLAY-OFF FEE 50.00 28058 KATHY ROSSMAN REFUND-SOFTBALL PLAY-OFF FEE 50.00 8059 KENT J ROTH REFUND-SOFTBALL PLAY-OFF FEE 50.00 60 MYRON SCHMITZ REFUND-SOFTBALL PLAY-OFF FEE 50.00 061 JIM STRONER REFUND-SOFTBALL PLAY-OFF FEE 50.00 28062 DAVID A TYPPO REFUND-SOFTBALL PLAY-OFF FEE 50.00 28063 DAVE VOLEWEC REFUND-SOFTBALL PLAY-OFF FEE 50.00 28064 DEBBIE WALLICK REFUND-SOFTBALL PLAY-OFF FEE 50.00 28065 COOKIES BY DEB EXPENSES-HUMAN RESOURCES DEPT 33.39 28066 DELEGARD TOOL CO -HOOD/LENS/LEVER GUNS/BATTERY PACKS/BRAKE 708.12 -ADAPTER LATHE COMPOSITE ADAPTER/GREASE GUN PISTOLS/PRESSURE GAUGE-EQUIPMENT MAINT 28067 SUSAN BANDEL -COSTUME SUPPLIES-HISTORICAL & CULTURAL 30.23 COMMISSION 28068 RANDY LILLQUIST -REPLACEMENT CHECK FOR STOP PAYMENT ISSUED 26.00 ON CHECK #26041 DATED 7/21/92 28069 . ALL AMERICAN BOTTLING CORP MIX 376.73 28070 BEER WHOLESALERS INC BEER 5614.25 28071 CHIPPEWA SPRINGS CORPORATION MIX 12.16 28072 DAY DISTRIBUTING COMPANY BEER 18307.86 28073 EAST SIDE BEVERAGE CO BEER 28374.05 28074 HOME JUICE PRODUCTS MIX 32.88 28075 KIRSCH DISTRIBUTING CO BEER 279.22 28076 MIDWEST COCA-COLA BOTTLING CO MIX 1039.87 28077 MARK VII DISTRIBUTING COMPANY BEER 19861.89 28078 PEPSI COLA COMPANY MIX 482.61 28079 POGREBA DISTRIBUTING INC BEER 303.70 28080 THORPE DISTRIBUTING COMPANY BEER 29465.70 11F81 EAGLE WINE CO WINE 984.80 82 GRIGGS COOPER & CO INC LIQUOR 7822.08 83 JOHNSON BROTHERS LIQUOR CO LIQUOR 8581.37 28084 ED PHILLIPS & SONS CO WINE 5016.45 28085 PRIOR WINE CO WINE 62.41 •28086 QUALITY WINE & SPIRITS CO LIQUOR 6503.31 28087 THE WINE COMPANY WINE 232.54 28088 MAILBOXES ETC SHIPPING CHARGES FOR COMPUTER-POLICE DEPT 36.02 28089 JIM DEMANN ADVANCE FOR K-9 FIELD TRIAL-POLICE DEPT 675.00 • 28090 JIM LINDGREN ADVANCE FOR K-9 FIELD TRAIL-POLICE DEPT 200.00 28091 GENUINE PARTS COMPANY -TRANSMISSION PARTS/FUSE BLOCK/GREASE CAPS/ 3262.30 -MANIFOLD/BRAKE HOSES/RADIOS/FILTERS/ -FITTINGS/DISTRIBUTOR CAPS/ROTORS/SHOCKS/ -SPRINGS/HORN/FUEL PUMP/SEALS/BEARINGS/ -GASKET SETS/WIRE/SWITCHES/LOCK OUT/BELTS/ -CUSHIONS/OUTLETS-PARK MAINT/EQUIPMENT MAINT/SEWER DEPT 28092 RANDY LILLQUIST SERVICE-TEEN WORK PROGRAM 33.60 28093 SONJA ANDERSON SERVICE-TEEN WORK PROGRAM 52.00 28094 MIKE ARVOLD SERVICE-TEEN WORK PROGRAM 4.10 28095 JEFF BARTEL SERVICE-TEEN WORK PROGRAM 14.00 28096 SHANNON CASSADY SERVICE-TEEN WORK PROGRAM 4.85 28097 BRIANA ELFSTROM SERVICE-TEEN WORK PROGRAM 78.10 28098 DIANE FARMER SERVICE-TEEN WORK PROGRAM 38.50 28099 AMANDA FURMAN SERVICE-TEEN WORK PROGRAM 4.58 28100 BRIAN GRUIDL SERVICE-TEEN WORK PROGRAM 49.88 1110.01 JASON JACOBSEN SERVICE-TEEN WORK PROGRAM 3.65 13900820 r,\f;J + t SEPTEMBER 15,1992 28102 DAVID MADSON SERVICE-TEEN WORK PROGRAM 43.50 28103 JACOB PETTIPIECE SERVICE-TEEN WORK PROGRAM 4 8 28104 MARIE ROGERS SERVICE-TEEN WORK PROGRAM 28105 RYAN VOLKER SERVICE-TEEN WORK PROGRAM 4 g 28106 AMY WAGNER SERVICE-TEEN WORK PROGRAM 50_$0 28107 NICOLE WYMAN SERVICE-TEEN WORK PROGRAM 39.88 28108 ALLIED BLACKTOP CO -SERVICE-1992 BITUMINOUS SEALCOATING- 10596.32 STREET MAINTENANCE 28109 S M HENTGES & SONS INC SERVICE-ROWLAND ROAD & OLD SHADY OAK ROAD 76725.32 28110 IMPERIAL DEVELOPERS SERVICE-DELL ROAD 196312.80 28111 RICHARD KNUTSON INC -SERVICE-STARING LN & SUNRISE CIRCLE 51083.75 -IMPROVEMENTS/BLUFFS W 9TH/BLUFFS E 8TH/ -BLUESTEM RIDGE & HAWK HIGH RIDGE/CEDAR RIDGE ESTATES 2ND ADDITION 28112 LUNDA CONSTRUCTION SERVICE-DELL RD-HWY 5 TO TWILIGHT TRAIL 178625.41 28113 NODLAND CONSTRUCTION CO -SERVICE-MITCHELL RD & SANDY POINTE 143839.18 -ADDITION IMPROVEMENTS/CREEK KNOLLS/BLUFFS E 12TH ADDITON/VALLEY VIEW SIDEWALK 28114 RIDGEDALE ELECTRIC INC SERVICE-LEONA ROAD TRAFFIC SIGNAL 49271.75 28115 RYAN CONTRACTING INC SERVICE-LEONA ROAD IMPROVEMENTS 94031.22 28116 VALLEY PAVING INC -SERVICE-PRAIRIE CENTER DR RECONSTRUCTION/ 19542.70 REGIONAL CTR RD & COMMONWEALTH DR 28117 A TO Z RENTAL CENTER TELECORDER RENTAL-POLICE DEPT 29.51 28118 AAA STRIPING SERVICE CO SERICE-1992 CITY STREET STRIPING 9978.24 28119 AARCEE -PAPER CUPS/STOVE/STOVE BAG/BAG LINERS/ 310.15 SUPPLIES/TENTS-OUTDOOR CENTER PROGRAM 28120 ACTION RENTAL CENTERS HELIUM TANK RENTAL-POLICE DEPT 5.66 28121 AMERICAN LINEN DIRECT SALES -UNIFORMS-BLDG INSPECTIONS DEPT/STREET 232 MAINT/LIQUOR STORES 28122 AMERICAN LINEN SUPPLY CO -UNIFORMS-BLDG INSPECTIONS DEPT/FACILITIES 1790.39 -DEPT/STREET MAINT/PARK MAINT/EQUIPMENT -MAINT/COMMUITY CTR/UTILITIES DIV/TOWELS & MATS-LIQUOR STORES 28123 AMERICAN RED CROSS -RESCUE MANIKIN RENTAL/TEXTBOOKS-POOL 268.91 LESSONS 28124 AMERICAN WATER WORKS ASSOC ANNUAL DUES & UTILITY MEMBERSHIP-WATER DEPT 3200.00 28125 ANCHOR PRINTING COMPANY BUSINESS CARDS-LIQUOR STORES 136.32 28126 EARL F ANDERSEN & ASSOC INC STREET SIGN PLATES/SIGNS-STREET DEPT 662.34 28127 ANDERSONS COMMERICAL SERVICES MOWING SERVICE-VACANT LOTS 244.95 28128 AQUA ENGINEERING INC COUPLINGS/PVC PIPE-PARK MAINTENANCE 166.52 28129 B & S TOOLS -IMPACT DRIVER/SOCKET SET-EQUIPMENT MAINT/ 122.68 WATER DEPT 28130 PATRICIA BARKER BALLOONS FOR GRAND OPENING-LIQUOR STORE 25.00 28131 S H BARTLETT COMPANY INC STEM EXTENSION ASSEMBLY-COMMUNITY CENTER 57.25 28132 BATTERY & TIRE WAREHOUSE INC -BATTERIES/TIRES/SIGNAL LAMPS/HOSE CLAMPS/ 1260.72 -SPARK PLUGS/ROTOR/WIPER BLADES/FUSE HOLDER-EQUIPMENT MAINTENANCE 28133 DENISE BECK -SWIMMING INSTRUCTOR-ADAPTIVE RECREATION 30.00 PROGRAM 28134 BENTEC ENGINEERING CORP POWER FAIL DIALER REPAIR-SEWER DEPT 94.00 28135 DAVID BLACK MILEAGE-COMMUNITY CENTER ADMINISTRATION 10.00 28136 MURRAY BLAIR REFUND-OVERPAYMENT UTILITY BILLING 17.31 28137 CITY OF BLOOMINGTON -JULY 92 ANIMAL IMPOUND SERVICE-ANIMAL 7 00 CONTROL DEPT 28138 BRAUN INTERTEC ENGINEERING INC -SERVICE-BLUFFS W 9TH ADDITION/CEDAR RIDGE 167 . 5 -ESTATES 2ND ADDITION/ROWLAND RD/HAWK HIGH 85856996 2,009G -RIDGE/DELL RD NORTH/NIGHT HAWK CIRCLE CUL-DE-SAC 28139 BRO-TEX INC TOWELS-EQUIPMENT MAINTENANCE 318.11 28140 BRW INC SERVICE-VALLEY VIEW ROAD/DELL ROAD 43731.22 40L 141 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINTENANCE 520.82 42 NATHAN BUCK SONTBALL/VOLLEYBALL OFFICIAL/FEES PAID 215.00 143 BUCKINGHAM DISPOSAL INC -AUGUST 92 WASTE DISPOSAL-EQUIPMENT MAINT/ 164.99 LIQUOR STORES 28144 BUSINESS MACHINES SALES & SERVICE TYPEWRITER REPAIR-COMMUNITY CENTER 91.95 28145 WES BYRON SOFTBALL OFFICIAL/FEES PAID 117.50 28146 CAIRE MINNESOTA COMPRESSOR REPAIR-EQUIPMENT MAINTENANCE 159.13 28147 IAN CALDOW GOLF INSTRUCTOR/FEES PAID 289.00 28148 PAUL CARLSON LICENSE FEE REIMBURSEMENT-SEWER DEPT 15.00 28149 CARTRIDGECARE INC PRINTER CARTRIDGES-CITY HALL 83.07 28150 CASHCO INC HAND CONTROL VALVES-WATER DEPT 1046.09 28151 CENTRAIRE INC -CONDENSOR FAN REPAIR/COMPRESSOR REPAIR- 175.43 LIQUOR STORES 28152 CHEMLAWN SUMMER LAWN SERVICE-SENIOR CENTER 117.97 28153 • CHILDS PLAY THEATRE COMPANY -FINAL PAYMENT-DRAMA CAMP DIRECTOR- 480.00 PERFORMING ARTS PROGRAM 28154 JAMES CLARK SEPTEMBER 92 EXPENSES-POLICE DEPT 200.00 28155 COMMERCIAL ASPHALT CO ASPHALT-STREET MAINTENANCE 26401.95 28156 CONTINENTAL SAFETY EQUIP INC GLOVES-PARK MAINTENANCE 124.38 28157 COPY EQUIPMENT INC -TRIPOD/FIBERGLASS ROD/MARKING PAINT-PARK 405.30 MAINTENANCE 28158 JEFFREY CORDES MILEAGE-TREE REMOVAL DEPT 84.00 28159 CORPORATE RISK MANAGERS INC SEPTEMBER 92 INSURANCE CONSULTANT SERVICE 700.00 28160 CINDY Y CRAWFORD PRESCHOOL PLAYGROUND INSTRUCTOR/FEES PAID 250.25 28161 CROWN MARKING INC NAME PLATES-FIRE DEPT 79.73 28162 CUB FOODS EXPENSES-FIRE DEPT 107.56 63 CUSTOM FIRE APPARATUS INC -INSPECTION OF TURN TABLE AREA FOR 67.50 HYDRAULIC LEAKS-FIRE DEPT 8164 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 5124.61 28165 DALCO -CLEANING SUPPLIES-COMMUNITY CENTER/WATER 290.70 DEPT •28166 DAVIES WATER EQUIPMENT CO VALVE BOX RISERS-WATER DEPT 485.64 28167 EUGENE DIETZ AUGUST 92 EXPENSES-ENINGEERING DEPT 200.00 28168 DIRECT SAFETY CO RAINSUITS-UTILITIES DIVISION 270.99 28169 LARRY A DOIG EXPENSES/CONFERENCE-FIRE DEPT 160.93 • 28170 DORSEY & WITNEY SERVICE-BOND PAYMENTS 3078.12 28171 DPC INDUSTRIES INC FLUORIDE-WATER DEPT 1496.33 28172 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 108.97 28173 WES DUNSMORE MEETING EXPENSES-PARK MAINTENANCE 32.55 28174 EDEN PRAIRIE FORD REFUND-HYDRANT METER DEPOSIT 494.87 28175 EDEN PRAIRIE FORD -SEAT BELT/BEARINGS/SEALS/SHIFT-EQUIPMENT 299.68 MAINTENANCE 28176 EDEN PRAIRIE SOCCER ASSN -CITYS SHARE OF SOCCER GOAL REPAIRS-PARK 270.49 MAINTENANCE 28177 EDEN PRAIRIE TIRE & AUTO SVC WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 38.95 28178 EDINA S W PLUMBING -REPAIR CLOSET BEND & SOIL PIPE-STARING LK 297.90 PARK 28179 DEB EDLUND MINUTES-PLANNING COMMISSION 125.00 28180 ELK RIVER CONCRETE PRODUCTS MANHOLE RINGS/LIFTING RINGS-SEWER DEPT 496.60 28181 EPR INC WASTE DISPOSAL-PARK MAINTENANCE 386.47 ö60475 G3Jcih SEPTEMBER 15,1992 28182 DELANO ERICKSON ARCHITECTS -SERVICE-COMMUNITY CTR ADDITION/COMMUNITY 7470.00 -CTR PLAZA & PARKING PROJECT/HIGH SCHOOL LOCKER ROOMS 28183 ESS BROTHERS & SONS INC MANHOLE LIFT RINGS-SEWER DEPT 12 28184 FIRST TRUST NATL ASSN SERVICE-BOND PAYMENTS 41 0 28185 THE FITNESS STORE -HORSE PULLS/HANDLES/PARACHUTE CLIPS- 281.31 FITNESS CENTER-COMMUNITY CENTER 28186 FLAHERTY EQUIPMENT CORPORATION ENGINE GENERATOR/DOLLY-WATER DEPT 1781.75 28187 FLOYD SECURITY -SAFE REPAIR-LIQUOR STORE/SECURITY SYSTEM 347.05 MAINTENANCE AGREEMENT-OUTDOOR CENTER 28188 FOCUS ONE HOUR PHOTO FILM/FILM PROCESSING-ASSESSING DEPT 45.46 28189 JOHN FRANE AUGUST 92 EXPENSES-FINANCE DEPT 200.00 28190 LYNDELL FREY GAS-SPECIAL TRIPS & EVENTS PROGRAM 23.00 28191 G & K SERVICES -TOWELS-PARK MAINT/COVERALLS & TOWELS- 612.79 WATER DEPT 28192 KATE GARWOOD SCHOOL-ADMINISTRATION DEPT 255.00 28193 GENESIS COMPUTERS INC PRINTER REPAIR-POLICE DEPT 45.00 28194 JOHN GERTZ -TRADITIONAL GAMES FOR HISTORICAL 65.82 INTERPRETER-CUMMINS GRILL EVENTS 28195 GIRARDS BUSINESS MACHINES INC INK PAD-FINANCE DEPT 13.58 28196 GME CONSULTANTS INC -SERVICE-GEOTECHNICAL EXPLORATION FOR CTY 10762.15 -RD 4 PEDESTRIAN BRIDGE/CONCRETE CYLINDERS -& MASONRY TESTING FOR COMMUNITY CTR 2ND ICE SHEET/SOIL REPORT-TEMAN PROPERTY 28197 JOHN R GOBLISH FIRE CALLS 384.00 28198 GOODWILL INDUSTRIES INC AUGUST 92 EXPENSES-SOLID WASTE MANAGEMENT 2169.08 28199 W W GRAINGER INC STAPLES-BUILDING INSPECTIONS DEPT 13.38 28200 ALAN GRAY JULY & AUGUST 92 EXPENSES-ENGINEERING DEPT 400.00 28201 THE DALE GREEN CO BLACK DIRT-STREET MAINTENANCE 51111i2 28202 TODD GROVES MILEAGE-PARK MAINTENANCE mpo 28203 HANSEN THORP PELLINEN OLSON INC -SERVICE-VALLEY VIEW RD/TOPVIEW RD/ 21637.20 -RIVERVIEW RD WATER MAIN/SANITARY SEWER -EXTENSION TO MILLER PK/TOPVIEW LIFT • -STATION/BLUFFS E 8TH/BLUFFS W 9TH/CEDAR -RIDGE ESTATES 2ND ADDITION/RIVERVIEW RD/ BRAXTON DR/CREEK KNOLLS/BLUESTEM RIDGE 28204 HARMON GLASS COMPANY WINDSHIELD-EQUIPMENT MAINTENANCE 266.29 28205 DENISE HAUGE -SERVICE-SIGN LANGUAGE INTERPRETER-ADAPTIVE 300.00 RECREATION PROGRAM/CDBG PROGRAM 28206 TIFFANY J HAUSER MILEAGE-LIQUOR STORE 20.75 28207 HEAT N GLO REFUND-MECHANICAL PERMIT 26.70 28208 HEAVENLY HAM MEETING EXPENSES-PLANNING DEPT 40.00 28209 CHRISTINE HEIL VOLLEYBALL OFFICIAL/FEES PAID 230.00 28210 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 66.25 28211 HENNEPIN COUNTY TREASURER JULY 92 BOARD OF PRISONERS-POLICE DEPT 3395.25 28212 HENN CTY-SHERIFFS DEPT JULY 92 BOOKING FEE-POLICE DEPT 287.28 28213 HENNEPIN TECHNICAL COLLEGE SCHOOL-FIRE DEPT 1485.00 28214 HOIGAARDS TENT-OUTDOOR CENTER PROGRAM 179.99 28215 HOLMSTEN ICE RINKS INC -COMPRESSOR SEAL KIT/COVER SHAFT SEAL/ 482.94 GASKET-COMMUNITY CENTER 28216 HONEYWELL INC CONTROL PANEL CIRCULAR RECORDER-WATER DEPT 1381.20 28217 HONEYWELL INC FILTERS-WATER DEPT 75.09 28218 CITY OF HOPKINS -SERVICE-MITIGATE CHEMICAL SPILL/PATCH 597.30 LEAKING DRUM-FIRE DEPT 28219 INGRAM EXCAVATING -SERVICE-BIKE TRAIL CONSTRUCTION-CTY RD 1 242 0 FROM BENNETT PLACE TO SPOON RIDGE 8509333 2Uoq 28220 INTL CONFERENCE OF BLDG OFFICIALS CODE BOOKS-BLDG INSPECTIONS DEPT 449.45 28221 CYNDIE JEPPESEN -SIGN LANGUAGE INTERPRETER-ADAPTIVE 192.00 RECREATION PROGRAM/CDBG PROGRAM 28222 JOHNSON-ANDERSON INC ENVELOPES-ELECTIONS DEPT/CITY HALL 445.52 28223 JUSTUS LUMBER CO SCREWS/PLANKS-WATER DEPT 31.00 41,24 ELYCE KASTIGAR MILEAGE-ADAPTIVE RECREATION PROGRAM 41.75 25 KISS MANUFACTURING CO LEASHES-ANIMAL CONTROL DEPT 35.00 28226 KNOX LUMBER -SHINGLES FOR ROOF VENTILATION-FIRE DEPT/ 227.35 -TAPE DISPENSER/TELEPHONE JACK/TAPE/DOOR -BUZZER/STAPLE GUN TACKER/TELEPHONE CORD/ MOP/MOP WRINGER-LIQUOR STO_ 28227 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 1610.78 28228 LANG PAULY & GREGERSON LTD -OPINION REGARDING FLYING CLOUD AIRPORT/ 8920.58 -JULY 92 PROSECUTION SERVICE-$8898-POLICE DEPT 28229 CINDY LANENBERG MILEAGE-FIRE DEPT 58.25 28230 DENNIS LAUFENBURGER REFUND-OVERPAYMENT UTILITY BILLING 41.86 28231 LECY CONSTRUCTION INC REFUND-BUILDING PERMIT 500.00 28232 • L LEHMAN & ASSOCIATES INC -AUGUST 92 LEGAL SERVICE-FLYING CLOUD 3128.30 LANDFILL 28233 KEN LEWIS & ASSOCIATES -APPRAISAL SERVICE-DOUGLAS SWANSON 1500.00 PROPERTY/HERB MASON PROPERTY 28234 BRUCE A LIESCH ASSOCIATES INC SERVICE-EDEN PRAIRIE WATER SUPPLY 13568.81 28235 LIQUID CARBONIC LIQUID CARBON DIOXIDE-WATER DEPT 397.39 28236 MELISSA LITZER SIGN LANGUAGE INTERPRETER-CDBG PROGRAM 600.00 28237 LOGIS JULY 92 SERVICE 10785.67 28238 . -FUEL UNIT/CLAMP/SHOE RUN PLATE/CLAMP 1477.16 -STRIP/MAIN BROOMS/TURF SWEEP REFILL/ CONTROL CABLE-EQUIPMENT MAINTENANCE 28239 MBA DESKTOP PUBLISHING PLUS TYPESETTING CERTIFICATES-TEEN WORK PROGRAM 49.00 4040 MCGLYNN BAKERIES INC ROUND LK CONCESSION STAND SUPPLIES 7.64 41 MCGLYNN BAKERIES INC -EXPENSES-CITY HALL/POLICE DEPT/FIRE DEPT/ 83.52 SENIOR CENTER 28242 MENARDS -MEASURING TAPE/ICE CHOPPERS/HANDLES/PAINT/ 107.94 -MASKING TAPE/TREATED TIMBERS-ENGINEERING -DEPT/STREET MAINT/FIRE DEPT/PARK MAINT 28243 METRO SALES INC -TONER & DEVELOPER-CITY HALL/POLICE DEPT/ 483.05 COMMUNITY CENTER 28244 METROPOLITAN MECHANICAL HOT WATER HEATER REPAIR-COMMUNITY CENTER 83.78 28245 METROPOLITAN WASTE CONTROL COMM SEPTEMBER 92 SEWER SERVICE 169118.00 28246 JASON MEYER MILEAGE-TREE REMOVAL DEPT 48.88 28247 MIDWEST ASPHALT CORP -MILLING SERVICE/ASPHALT/TANDEM TRUCKS 94935.47 WITH DRIVER RENTAL-STREET MAINTENANCE 28248 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT 834.33 28249 MIDWEST VIDEO SERVICE -PRINTED CIRCUIT BOARD/VCR REPAIR-POLICE 179.85 DEPT 28250 MINNEAPOLIS SPRING & BODY INC LOAD LEVELOR AIR KITS-STREET MAINTENANCE 1054.88 28251 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES 782.29 28252 MINNESOTA BLUEPRINT COPY BOND PAPER-ENGINEERING DEPT 238.31 28253 MINNESOTA BUSINESS FORMS UTILITY BILLING ENVELOPES-FINANCE DEPT 264.34 28254 MN DEPT OF REVENUE AUGUST 92 FUEL TAX 455.20 28255 MINNESOTA TROPHIES SIGNS-PARK MAINTENANCE 9.90 31274725 SEPTEMBER 15,1992 28256 MINUTEMAN PRESS -PRINTING FORMS-POOL LESSONS/COMMUNITY CTR 180.95 ADMINISTRATION 28257 MOORE MEDICAL CORP 1ST AID RESCUE EQUIPMENT-FIRE DEPT 10 28258 MOTOROLA INC RADIO REPAIR-FIRE DEPT 7 28259 MTI DISTRIBUTING CO -PANEL/OIL SEALS/SWITCHES-PARK MAINT/ 303.92 EQUIPMENT MAINT 28260 WM MUELLER & SONS INC GRAVEL-PARK MAINTENANCE 199.08 28261 BETH MUNDY UNIFORM PANTS-POLICE DEPT 55.50 28262 MUNICILITE CO -WHELEN STROBE HEADS/COAXIAL CABLES- 264.97 EQUIPMENT MAINTENANCE 28263 NATIONS BUSINESS SUBSCRIPTION-FINANCE DEPT 14.95 28264 NORDIC TRUCK PARTS INC STROBE HEADS/STAR PAK-EQUIPMENT MAINT 405.15 28265 NORTH STAR ICE SUPPLIES-LIQUOR STORES 1943.49 28266 NORTHLAND BUSINESS COMMUNICATIONS FACSIMILE SCANNER BELT REPLACED-POLICE DEPT 79.26 28267 OLSEN CHAIN & CABLE CO INC DRILL BIT-EQUIPMENT MAINTENANCE 73.49 28268 . ONGUARD FIRE ATTACK TRAINING PROGRAM-FIRE DEPT 903.69 28269 PEDERSON SELLS EQUIPMENT CO INC COUPLINGS-EQUIPMENT MAINTENANCE 63.27 28270 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION 30.50 28271 CAROL PFEIFER REFUND-OVERPAYMENT UTILITY BILLING 49.18 28272 PITNEY BOWES INC POSTAGE BY PHONE METER RENTAL-POLICE DEPT 144.55 28273 PLEHAL BLACKTOPPING INC PAVER & OPERATOR RENTAL-STREET MAINTENANCE 7978.25 28274 PORTICO COMPUTERS II INC NOTEBOOK AC ADAPTOR/POWER CABLE-POLICE DEPT 87.14 28275 PRAIRIE ELECTRIC COMPANY INC -REPLACED WEATHER PROOF BOX & COVER/ 88.10 RECEPTACLE-FLYING CLOUD ATHLETIC FIELDS 28276 PRAIRIE LAWN & GARDEN -SPRING/CUTTER/CHAINS SHARPENED-FIRE DEPT/ 34.01 EQUIPMENT MAINTENANCE 28277 PRESERVE REXALL DRUG EXPENSES-LIQUOR STORE 13.69 28278 PROFESSIONAL COMPUTER SERVICES -COMPUTER SOFTWARE & INSTALLATIONS-POLICE 11 3 DEPT 28279 RAINBOW FOODS -EXPENSES-PRESCHOOL PLAYGROUND/DAY CAMP/ 119.97 YOUTH ATHLETICS/ACTIVITY CAMP 28230 RETAIL DATA SYSTEMS OF MN -CASH REGISTER MAINTENANCE AGREEMENT- 1173.00 LIQUOR STORE 28281 RICHARDS ASPHALT COMPANY SEALCOATING-STREET MAINTENANCE 1302.70 28282 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-WATERMAIN IMPROVEMENTS/MITCHELL 29169.82 -RD CONST/STARING LN & SUNRISE CIRCLE/ ROWLAND RD/LEONA RD 28283 RIPP RESTRAINTS INC CUFFS/HOBBLES-POLICE DEPT 293.40 28284 RITZ CAMERA -FILM/FILM PROCESSING-BLDG INSPECTIONS 144.23 -DEPT/FIRE DEPT/FORESTRY DEPT/PLANNING DEPT/OUTDOOR CENTER 28285 ROAD MACHINERY & SUPPLIES CO CABLE/CLEVIS ASSEMBLY-EQUIPMENT MAINT 79.79 28286 ROLLINS OIL CO UNLEADED GASOLINE-EQUIPMENT MAINTENANCE 8194.00 28287 SAFETY-KLEEN CORPORATION CARBURETOR CLEANER-EQUIPMENT MAINTENANCE 118.48 28288 ST CROIX RECREATION CO INC BIG TOP CARGO NET-PARK MAINTENANCE 291.49 28289 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-FACILITIES DEPT/STREET 134.85 MAINT/COMMUNITY CENTER 28290 SANCO INC -CLEANING SUPPLIES-COMMUNITY CENTER/LIQUOR 362.48 STORE 28291 SCHMIDT READY MIX INC CEMENT-STREET MAINTENANCE/PARK MAINTENANCE 315.73 28292 DON SCHWARTZ SOFTBALL OFFICIAL/FEES PAID 491.25 28293 SEH ENGINEERS ARCHITECTS PLANNERS SURFACE WATER MGMT SERVICE-STREET MAINT 2478.05 28294 SHAKOPEE FORD INC HANDLE-EQUIPMENT MAINTENANCE 3 28 28295 JAMES SHAW FIRE CALLS 1 0 28296 SHERWIN-WILLIAMS PAINT-PARK MAINTENANCE . 4 0,*JC.11 SEPTEMBER 15,1992 28297 SHINGOBEE BUILDEERS INC -AUGUST 92 SERVICE-COMMUNITY CENTER 2ND 462568.28 ICE SHEET 98 KARY SMITH SOFTBALL OFFICIAL/FEES PAID 698.75 99 W GORDON SMITH CO GREASE/GAS-PARK MAINT/EQUIPMENT MAINT 50.06 28300 SNYDER DRUG STORES INC KLEENIX/SUN BLOCK LOTION-POLICE DEPT 19.93 28301 SNYDER DRUG STORES INC -1ST AID SUPPLIES/BATTERIES/STAMP PADS/ 30.23 -FASTENERS/PAPER BAGS-POLICE DEPT/ COMMUNITY CENTER 28302 SOUTHAM BUSINESS COMMUNICATIONS LEGAL ADS-ROUND LK PARK/BRAXTON DR 201.40 28303 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIQUOR STORES 665.28 28304 SOUTHWEST SUBURBAN PUBLISH INC LEGAL ADS-FINANCE DEPT 5.50 28305 SPECIALTY CONTRACTING INC -SERVICE-REPAIR ROBERT ST WASHOUT/RESTORED 2857.50 ASPHALT & CURB AT CAMBORNE PLACE 28306 . SPORTS WORLD USA -BIKE SHORTS-POLICE DEPT/RACKET GOGGLES- 22.95 SUMMER SKILL DEVELOPMENT PROGRAM 28307 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-UTILITIES DIVISION 729.76 28308 STAIRMASTER EXERCISE SYSTEMS SPRING & PULLEY KIT-COMMUNITY CENTER 42.45 28309 STANDARD SPRING CO FRONT END ALIGNMENT/U-BOLTS-WATER DEPT 338.41 28310 CRAIG STANTON SOFTBALL OFFICIAL/FEES PAID 182.50 28311 STAT-MEDICAL INC 1ST AID RESCUE EQUIPMENT-FIRE DEPT 206.20 28312 THE STATE CHEMICAL MFG CO LUBRICANT-UTILITIES DIVISION 540.90 28313 STATE SUPPLY COMPANY TUBING CUTTER/COIL-WATER DEPT 101.68 28314 DOUG STEEN SOFTBALL OFFICIAL/FEES PAID 178.75 28315 JESSICA STEVENS ADAPTIVE RECREATION INSTRUCTOR/FEES PAID 30.00 28316 STREICHERS PROFESSIONAL POLICE EQ -IGNITION OVER-RIDE SYSTEM/FLASHERS/ 399.96 BRUSHES-POLICE DEPT/EQUIPMENT MAINT 4,17 STRGAR ROSCOE FAUSCH INC SERVICE-DELL RD DESIGN/SCENIC HEIGHTS 12250.00 18 SUBURBAN CHEVROLET -MIRRORS/SEAT BELT/RETAINER/BEARING/PLATE 821.61 -ASSEMBLY/DOOR ASSEMBLY/HUB & BEARING- EQUIPMENT MAINTENANCE 28319 SUN ELECTRIC CORPORATION CABLE ADAPTERS-EQUIPMENT MAINTENANCE 968.09 '28320 TANK RE-NU OF MN TANK REPAIR-EQUIPMENT MAINTENANCE 126.00 28321 TARGET STORES -PICTURE FRAMES-FIRE DEPT/CANDY-DAY CAMP 201.62 PROGRAM 28322 TENNANT COMPANY -TRIGGER LATCHES/POINT SET-PARK MAINT/ 71.31 EQUIPMENT MAINTENANCE 28323 THIRTY-THREE MINUTE PHOTO INC -FILM/FILM PROCESSING-HUMAN RESOURCES DEPT/ 215.19 POLICE DEPT/WATER DEPT 28324 LOWELL THONE MEETING EXPENSES-BLDG INSPECTIONS DEPT 20.00 28325 KEVIN TIMM SOFTBALL OFFICIAL/FEES PAID 308.75 28326 TOWN & COUNTRY DODGE VIBRATION REPAIRED-EQUIPMENT MAINTENANCE 100.00 28327 TWIN CITIES & WESTERN RAILROAD TEMPORARY RAILROAD CROSSING-DELL ROAD 6335.78 28328 TWIN CITY OXYGEN CO -OXYGEN/ACETYLENE/LIQUIFIED CARBON DIOXIDE- 241.25 EQUIPMENT MAINT/COMMUNITY CENTER 28329 TWIN CITY & MARBLE CO TILE INSTALLATION-FIRE STATION 4445.00 28330 U S WEST ENHANCED SERVICES INC SERVICE 64.23 28331 VIKING LABORATORIES INC TEST TABS/CHEMICALS-POOL OPERATIONS 346.15 28332 TRIA D VIKESLAND MILEGE-ADAPTIVE RECREATION PROGRAM 88.05 28333 VOSS LIGHTING LIGHT BULBS-COMMUNITY CENTER 184.68 28334 WATERPRO -PVC PIPE GASKET/EROSION CONTROL MATS/ 2464.74 -VALVE SEAT/VALVE BOX KEYS/HYDRAULIC HOSE 4111 -GATE VALVE/BALL VALVE/SAWBLADE/METERS/ -COPPERHORNS/REMOTE READERS-STREET MAINT/ PARK MAINT/WATER DEPT 49912294 u(;) L 28335 WELSH CONSTRUCTION CORP BUILDING IMPROVEMENTS-LIQUOR STORE 4488.00 28336 JOEL WESTACOTT -SERVICE-SOUND TECHNICIAN-STARING LK 350.00 CONCERT SERIES 28337 WESTWOOD PROFESSIONAL SVC INC -SERVICE-PRAIRIE CTR DR & SINGLETREE LN 4 TRAFFIC SIGNAL DESIGN 28338 WESTERN AREA FIRE TRAINING ACADEM DUES-FIRE DEPT 1241.00 28339 WARREN WOLF -AWL/SOCKET SETS/YOKE/SCREWS/ADAPTER/ 538.52 -SPINNER/PIN PULLER/SAFETY GLASSES/PLIERS/ -BITS/TUB CUTTER/SCRAPERS-EQUIPMENT MAINT/ WATER DEPT 28340 ZACKS INC SHOVELS/MIRROR/PICK HANDLES-UTILITIES DIV 154.69 15623 VOID OUT CHECK 42.00- 15951 VOID OUT CHECK 241.00- 16270 VOID OUT CHECK 164.23- 16684 VOID OUT CHECK 258.26- 17377 VOID OUT CHECK 35.08- 18908 VOID OUT CHECK 130.00 19714 VOID OUT CHECK 3.33- 20399 VOID OUT CHECK 4.65- 22061 VOID OUT CHECK 199.00- 22341 VOID OUT CHECK 4.00- 22406 VOID OUT CHECK 8.00- 26041 VOID OUT CHECK 26.00- 26088 VOID OUT CHECK 30.23- 27401 VOID OUT CHECK 46.60- 27428 VOID OUT CHECK 61.31- 27440 VOID OUT CHECK 89.68- 27696 VOID OUT CHECK 32.75- 27737 VOID OUT CHECK 11 80- 571629, $2524340.37 og (v1 DISTRIBUTION BY FUNDS 4111 10 GENERAL 497724.34 11 CERTIFICATE OF INDEBT 1054.88 15 LIQUOR STORE - P V M 68376.89 17 LIQUOR STORE - PRESERVE 65898.90 18 LIQUOR STORE - PRAIRIEVIE 92334.39 22 STATE AID CONST 592.73 31 PARK ACQUIST & DEVELOP 1545.54 33 UTILITY BOND FUND 23671.33 37 C/C 2ND SHEET ICE 473922.43 41 64 G.O. DEBT FUND 83.78 53 IMPROVEMENT DEBT FUND 94031.22 60 IMPROVEMENT CONST FUND 71651.75 62 IMPROVEMENT CONST FD 697363.05 73 WATER FUND 36410.76 77 SEWER FUND 172961.69 81 TRUST & ESCROW FUND 21520.34 82 FIRE RELIEF FUND 127346.00 87 COMMUNITY DEVELOP GRANT 750.90 90 TAX INCREMENT CONSTRUCTIO 77099.45 $2524340.37 • I S N MEMORANDUM TO: Mayor and City Council • THROUGH: Carl J. Jullie, City Manager FROM: Craig W. Dawson, Assistant to the City Manager DATE: September 10, 1992 SUBJECT: Resolution for Proposed Tax Levies and Budget Minnesota's truth-in-taxation process requires the City Council to approve a proposed budget and certify proposed property tax levies by September 15. Council action must also specify the date to convene and, if necessary, reconvene the required public hearing for discussion of the proposed budget and tax levies. The hearings may be held anytime between November 30 and December 21 as long as they do not fall on the dates selected by Hennepin County or the three public school districts serving Eden Prairie. The proposed property tax levies approved by the Council may not be exceeded when the Council certifies the property tax levies in December. The proposed amount is the basis for calculations of the City's tax on individual properties which will be shown on the "parcel-specific" notice of proposed taxes which Hennepin County will mail after November 10. The attached Resolution No. 92-200 includes a net tax levy reduction of $486, 178 from that shown in the proposed budget delivered to the Council on September 4. Pursuant to the Council's request at the August 25 budget workshop session, we can issue debt certificates for about $600, 000 of equipment purchases, thus spreading the debt service out over the useful life of this equipment. We also found the availability of additional revenue due to pre-payment of special assessments related to the anticipated purchase of the downtown property. The combined effect of these changes reduces the net 1993 tax levy to $12,262,273 , which represents an increase over 1992 of only 1.24% rather than 5.5% as originally proposed. The last two pages of the attachments show the property tax changes due to the City's proposed levy and the estimated total levies of all taxing jurisdictions. For the City's levy only, residential taxpayers would have changes ranging from a $53 increase for a $125, 000 home, to a $102 decrease for a $500,000 home. On an overall basis, (all taxing jurisdictions) the change would range from +$150 to -$1,256. The attached Resolution adopts a proposed budget of $18,204,900 for the general fund, tax supported debt service funds and the fire relief agency fund. This amount is 0.6% lower than the 1992 adjusted budget. The general fund balance at the end of 1993 would be $2,283, 000. The public hearing dates set are Wednesdays, December 9 ad 16 (if necessary) . • Recommendation: It is recommended that the Council adopt Resolution No. 92-200. CWD:jdp !() CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-200 A RESOLUTION CERTIFYING THE 1993 PROPOSED TAX LEVIES, APPROVING A PROPOSED BUDGET FOR 1993, AND SETTING THE PUBLIC HEARING DATE(S) FOR THE BUDGET AND PROPOSED PROPERTY TAXES WHEREAS, the Minnesota Truth-in-Taxation legislation specifies a process for the deliberation of and actions to be taken regarding the budget for the upcoming year and the amount of property taxes to be levied to support that budget; and WHEREAS, the Council of the City of Eden Prairie has had an opportunity to discuss budget and tax levy proposals for the 1993 calendar year; and WHEREAS, the City of Eden Prairie must, according to law, take action regarding a proposed budget, proposed tax levies, and setting the public hearing for discussion of these proposals, NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Eden Prairie: 1) That it approve a proposed budget of $18,204,900 for the general fund, tax-supported debt service funds, and fire relief agency fund, an amount • approximately 0.6% less than the adjusted 1992 budget; and 2) That it approve proposed property tax levies totalling $13,525,700, consisting of: a) $13,460,700 to be levied against the tax capacities of properties in the City, and b) $65, 000 to be levied against the market values of properties in the City, for debt service obligations resulting from a March 1992 referendum approving issuance of $4.5 million of bonds for park acquisition and improvements. The total amount of property taxes eventually levied to be paid in 1993 may not exceed these figures. The proposed net tax levies are projected to be $12,262,273, or 1.24% greater than for 1992, and may be modified by technical calculations for HACA and metropolitan tax-base sharing (the "fiscal disparities" program) . • 2-OH Resolution No.92-200 Page Two • 3. That it convene the public hearing on the proposed budget and tax levies on Wednesday, December 9, 1992 and, if necessary reconvene the hearing on Wednesday, December 16, 1992. The hearings shall begin at 7:30 PM in the Council Chamber at the City Offices, 7600 Executive Drive. ADOPTED by the Eden Prairie City Council this 15th day of September, 1992. Douglas B. Tenpas, Mayor SEAL ATTEST: John D. Frane, City Clerk • CITY OF EDEN PRAIRIE Update 9/11/92 1993 BUDGET REVENUE & EXPENDITURE OVERVIEW % % CHANGE CI; u Actual 91 Adj li 1991 1992 ADJ to Adj 1993 to ACTUAL BUDGET Budget 92 PROPOSED Posed 93 REVENUES: GENERAL FUND Property tax(net) 9,813,510 9,751,874 -0.6% 9,717,273 -0.4% State homestead credit aid(HACA) 42,202 535,672 11693% Fiscal disparities 647,890 694,524 7.2% 727,755 4.8% Gross levy 10,461,400 10,488,600 0.3% 10,980,700 4.7% Delinquency/rebate allowance (504,191) (525,000) 4.1% (549,000) 4.6% Other revenues: Lawful gambling revenues 28,965 32,000 10.5% 32,000 0.0% Insurance premium refunds 100,000 100,000 0.0% Liquor fund transfer 206,000 356,200 72.9% 200,000 -43.9% All other non-tax revenue 4,037,015 4,398,400 9.0% 4,587,600 4.3% Fund balance 511,169 969,600 89.7% 181,100 -81.3% Sub Total 14,740,358 15,819,800 7.3% 15,532,400 -1.8% TRANSPORTATION IMPROVEMENTS FUND Property tax 0 301,000 0 -100.0% FIRE RELIEF AGENCY FUND Property tax 80,771 261,000 223.1% 261,000 0.0% State fire aid 127,560 127,500 -0.0% 127,500 0.0% Other revenue 6,257 -100.0% Fund balance 53,554 -100.0% Sub Total 268,142 388,500 44.9% 388,500 IN DEBT SERVICE FUNDS Property tax 2,035,404 1,798,400 -11.6% 2,284,000 27.0% TOTAL REVENUES 17,043,904 18,307,700 7.4% 18,204,900 -0.6% EXPENDITURES: GENERAL FUND - Operations 13,883,558 14,689,800 5.8% 15,525,400 5.7% - Reservations of Fund Bal 856,800 1,130,000 31.9% 7,000 -99.4% TRANSPORATION IMPROVEMENTS 301,000 -100.0% FIRE RELIEF PENSION CONTRIBUTION 268,142 388,500 44.9% 388,500 0.0% DEBT SERVICE 2,035,404 1,798,400 -11.6% 2,284,000 27.0% TOTAL EXPENDITURES 17,043,904 18,307,700 7.4% 18,204,900 -0.6% GENERAL FUND FUND BALANCE at year-end: Reserved for capital facilities 661,800 1,761,800 1,761,800 Reserved for PW storage facility 325,000 325,000 325,000 Reserved for severance obligations 213,000 243,000 250,000 Reserved for prepaid expenses 73,718 73,718 73,718 Reserved for encumbrances 61,407 0 0 Unreserved 3,372,777 2,464,577 2,283,477 Total 4,707,702 4,868,095 4,693,995 POPULATION CHANGE: CPI CHANGE: 1990=39,485 1990=3.8% 1991 =40,514(2.6%increase) 1991 =4.3% • 1992=41,500-42,000(2.4% - 3.7%increase) 1992=3.1% 1993= 1993= .-� 0[ • Updated 9/11/92 CITY OF EDEN PRAIRIE 1993 BUDGET TAX CAPACITIES,TAX LEVIES AND TAX RATES (Assessed/Payable) • ACTUAL ACTUAL BUDGET: ADJ!BUD`` 'ESTIMATE! 89/90 90/91 91/92 91/92 92/93 W%CHG> TAX CAPACITY REAL PROPERTY 68,163,961 71,730,442 68,110,712 68,110,712 60,567,142 -11.08% PERSONAL PROPERTY 1,493,376 1,543,449 1,495,422 1,495,422 1,493,318 -0.14% GROSS VALUE 69,657,337 73,273,891 69,606,134 69,606,134 62,060,460 -10.84% FISCAL DISP CONTRIBUTION (13,238,580) (14,368,852) (14,421,779) (14,421,779) (14,153,699) -1.86% TIF CAPTURED VALUE (1,815,588) (1,725,876) (1,521,637) (1,521,637) (1,007,108) -33.81% NET VALUE 54,603,169 57,179,163 53,662,718 53,662,718 46,899,653 -12.60% TAX LEVIES GENERAL FUND $9,891,000 $10,486,400 $10,527,400 $10,488,600 $10,980,700 4.31% TRANSPORTATION IMPROVEMENTS 301,000 301,000 0 FIRE RELIEF 85,000 261,000 261,000 261,000 0.00% DEBT SERVICE 1986 FIRE BONDS 202,000 213,000 219,000 219,000 236,000 7.76% EQUIPMENT CERTIFICATES 802,000 1,095,000 790,400 790,400 928,000 17.41% 1977 FIRE BONDS 80,000 69,000 80,000 80,000 0 1989 REC FACILITY REF BONDS 223,000 273,000 260,000 260,000 325,000 25.00% TRANSPORTATION BONDS 400,000 403,000 250,000 250,000 500,000 100.00% 1989 PUBLIC FACILITY REF BOND 260,000 81,000 199,000 199,000 230,000 15.58% 1992 PARK BONDS 65,000 11,858,000 12,702,400 12,887,800 12,849,000 13,525,700 4.95% LESS: IIIHACA (354,741) (25,000) (81,002) (42,202) (535,672) FISCAL DISP REVENUE (432,613) (647,890) (694,524) (694,524) (727,755) NET LEVY $11,070,646 $12,029,510 $12,112,274 $12,112,274 $12,262,273 1.24% TAX RATES GENERAL FUND 16.911 17.368 18.437 18.437 21.216 15.07% TRANSPORTATION IMPROVEMEN' 0.000 0.000 0.527 0.527 0.000 FIRE RELIEF 0.000 0.141 0.457 0.457 0.504 10.28% DEBT SERVICE 1986 FIRE BONDS 0.345 0.353 0.384 0.384 0.456 18.75% EQUIPMENT CERTIFICATES 1.371 1.814 1.384 1.384 1.793 29.55% 1977 FIRE BONDS 0.137 0.114 0.140 0.140 0.000 1989 REC FACILITY REF BONDS 0.381 0.452 0.455 0.455 0.628 38.02% TRANSPORTATION BONDS 0.684 0.662 0.438 0.438 0.966 120.55% 1989 PUBLIC FACILITY REF BOND 0.445 0.134 0.349 0.349 0.444 27.22% 1992 PARK BONDS* PERCENT OF TAX CAPACITY 20.274 21.038 22.571 22.571 26.007 15.22% According to state requirements,the new park bond levy will be shown as a percent of market value rather than tax capacity. The market value levy rate for this bond obligation($65,000)will be 0.0027%. • CITY OF EDEN PRAIRIE Updated 9/11/92 1993 BUDGET GENERAL FUND REVENUES 1991 1992 6/30/92 1992 ADJ 1993 1993 MGR ACTUAL BUDGET ACTUAL BUDGET ESTIMATED RECOMM GENERAL PROPERTY TAXES ill CURRENT 10,527,400 10,488,600 11,710,500 10,980,700 DELINQUENCY ALLOWANCE (325,000) (525,000) (586,000) (549,000) NET CURRENT 9,957,209 10,202,400 9,963,600 11,124,500 10,431,700 DELINQUENT COLLECTIONS 32,273 100,000 100,000 100,000 100,000 PENALTY& INTEREST 149,605 100,000 135,000 135,000 135,000 TOTAL TAXES 10,139,087 10,402,400 0 10,198,600 11,359,500 10,666,700 REVENUE FROM GOVT AGENCY POLICE PENSION AID 196,487 196,500 215,200 215,200 215,200 RECYCLING GRANT 20,676 25,000 25,000 34,200 34,200 POLICE TRAINING 16,297 18,000 18,000 18,000 18,000 CIVIL DEFENSE 9,866 12,800 12,800 9,000 9,000 REDISTRICTING 9,500 9,828 9,500 OTHER 1,857 8,500 TOTAL OTHER AGENCIES 245,183 261,800 9,828 289,000 276,400 276,400 LICENSES LIQUOR&BEER 124,202 105,000 2,107 105,000 105,000 105,000 BUILDING CONTRACTORS 7,090 2,000 1,840 2,000 2,000 2,000 OTHER-CIGARETTE& 20,073 23,000 7,036 23,000 23,000 23,000 TOTAL LICENSES 151,365 130,000 10,983 130,000 130,000 130,000 PERMITS & FEES DOG REGISTRATION 9,208 8,600 7,733 8,600 9,000 9,000 BUILDING 902,591 1,000,000 572,257 1,000,000 1,000,000 1,000,000 PLANNING&ZONING 36,884 40,000 17,187 35,000 110,000 110,000 ENGINEERING&ADMIN 260,614 300,000 136,362 217,500 450,000 450,000 STREET LIGHTING 44,155 20,000 21,762 40,000 40,000 40,000 0 LAWFUL GAMBLING 28,965 32,000 4,439 32,000 32,000 32,000 IMPOUND FEES 4,332 4,400 641 4,400 4,400 4,400 CABLE TV 113,991 145,000 35,538 142,700 170,500 170,500 IDR CHARGES 70,179 100,000 37,931 100,000 100,000 100,000 OTHER 18,695 15,000 15,340 20,000 20,000 20,000 TOTAL PERMITS&FEES 1,489,614 1,665,000 849,190 1,600,200 1,935,900 1,935,900 RECREATION FEES YOUTH PROGRAMS 113,747 99,500 109,310 130,000 130,000 130,000 ORGANIZED ATHLETICS 150,094 185,500 67,648 152,500 152,500 152,500 COMMUNITY CENTER 407,351 490,000 252,380 469,600 504,000 504,000 2ND ICE ARENA 177,200 177,200 HISTORICAL 19,527 2,000 1,880 8,000 6,000 6,000 PARK USE FEES 8,527 13,000 13,945 13,000 13,000 13,000 BEACH/CONCESSIONS 13,673 15,300 5,229 14,000 14,000 14,000 SPECIAL EVENTS 14,394 13,000 13,000 15,000 15,000 ADULT PROGRAMS/ADAPTIVE 20,567 18,700 13,477 18,700 26,100 26,100 TOTAL RECREATION 747,880 837,000 463,869 818,800 1,037,800 1,037,800 COURT FINES 181,780 175,000 106,078 210,000 210,000 210,000 INVESTMENT EARNINGS 236,013 150,000 100,000 200,000 150,000 150,000 OPERATING TRANSFERS IN (FROM) UTILITY FUND 30,000 40,000 20,000 40,000 50,000 50,000 T.I.F. DEVELOPMENT FUND 201,405 200,000 100,000 200,000 150,000 150,000 LIQUOR FUND 206,000 356,200 178,100 356,200 200,000 200,000 CDBG FUND 13,600 17,000 17,000 0 TOTAL TRANSFERS IN 437,405 596,200 298,100 609,800 417,000 417,000 2-01 CITY OF EDEN PRAIRIE Updated 9/11/92 1993 BUDGET GENERAL FUND REVENUES 1991 1992 6/30/92 1992 ADJ 1993 1993 MGR ACTUAL BUDGET ACTUAL BUDGET ESTIMATED RECOMM OTHER REVENUE SCHOOL LIAISON 44,073 42,000 46,200 48,500 48,500 SPECIAL ASSESSMENTS 464,043 360,000 2,051 607,600 329,000 329,000 MISCELLANEOUS 92,746 40,000 25,948 40,000 50,000 50,000 INSURANCE PREMIUM REFUNDS 100,000 100,000 100,000 TOTAL OTHER 600,862 442,000 27,999 793,800 527,500 527,500 TOTAL REVENUES 14,229,189 14,659,400 1,866,047 14,850,200 16,044,100 15,351,300 USE OF FUND BALANCE: OPERATING EXPENDITURES 7,600 (221,800) 44,700 181,100 RESERVATIONS(CAPITAL FACILITIES) 1,130,000 1,130,000 ENCUMBERED FROM 1991 61,400 TOTAL USE OF FUND BALNC 0 1,137,600 0 969,600 44,700 181,100 TOTAL GENERAL FUND 14,229,189 15,797,000 1,866,047 15,819,800 16,088,800 15,532,400 EQUIPMENT ACQUISITION FUND EQUIPMENT CERTIFICATES 593,400 593,400 598,400 SALE OF PROPERTY 9,650 6,700 TRANSFER FROM GENERAL FUND 4,000 USE OF FUND BALANCE: ENCUMBERED FROM 1991 98,800 TOTAL EQUIP ACQUIS FUND 0 593,400 9,650 702,900 0 598,400 filGRAND TOTAL $14,229,189 S16,390,400 $1,875,697 $16,522,700 $16,088,800 $16,130,800 CITY OF EDEN PRAIRIE Updated 9/11/92 1993 BUDGET GENERAL FUND EXPENDITURES %CHANGE 1992 1993 '92 ADOPTED 1991 1992 6/30/92 ADJ 1993 MGR TO PG ACTUAL BUDGET ACTUAL BUDGET PROPOSED RECOMM '93RECOMM 6 LEGISLATIVE $ 84,555 $ 86,600 $ 54,722 $ 89,300 $ 95,400 $ 95,400 10.2%411 8 ELECTIONS 15,320 117,600 76,921 131,100 20,900 20,900 -82.2% 12 CITY MANAGER 166,041 180,000 98,213 220,900 235,400 232,400 29.1% 16 ASSESSING DEPT 313,735 312,900 150,898 314,000 361,500 340,500 8.8% INSP/SAFETY/FAC ILITIES 20 BLDG INSPECTION 505,229 529,900 262,957 532,500 545,300 545,300 2.9% 22 SAFETY 51,797 59,600 30,569 60,900 64,700 60,200 1.0% 24 FACILITIES 553,931 625,800 312,414 655,100 710,500 536,800 -14.2% PARKS/RECREATION 28 ADMIN&PARK PLAN 146,936 172,100 85,521 166,900 224,100 195,700 13.7% 32 PARK MAINTENANCE 732,368 804,300 344,400 813,500 854,600 854,600 6.3% 34 PARK CAPITAL OUTLAY 292,301 410,700 34,330 418,800 429,800 298,400 -27.3% 38 REC ADMIN&SP EVENTS 189,711 203,500 79,849 199,200 176,400 174,400 -14.3% 40 COMMUNITY CENTER 560,545 595,000 319,307 655,300 858,500 858,500 44.3% 42 BEACH 67,077 68,500 18,4% 67,400 84,000 84,000 22.6% 44 ORGANIZED ATHLETICS 173,455 178,900 86,330 179,100 173,600 173,600 -3.0% 46 RECREATION-YOUTH 196,240 215,500 108,305 230,200 247,900 247,900 15.0% 48 RECREATION-ADULT 88,596 82,100 42,645 85,400 139,900 105,100 28.0% 50 RECREATION-ADAPTIVE 24,662 46,000 21,001 48,000 59,100 59,100 28.5% 52 HIST&CULTURAL ARTS 54,871 46,200 19,488 46,200 47,300 47,300 2.4% 56 FINANCE 265,046 275,100 140,099 275,100 284,100 284,100 3.3% 60 HUMAN RESOURCES 150,983 146,800 77,036 150,200 144,700 144,700 -1.4% 62 COMMUNITY SERVICES 132,422 149,300 58,241 148,100 255,500 255,500 71.1% 66 PLANNING DEPT 361,046 360,400 158,433 324,500 371,300 350,300 -2.8% POLICE DEPT 74 POLICE 2,972,211 3,021,500 1,551,474 3,149,800 3,265,500 3,183,200 5.4% 76 CIVIL DEFENSE 37,397 25,800 20,040 25,800 32,100 32,100 24.4% 78 ANIMAL CONTROL 80,978 78,200 31,293 78,200 97,400 97,400 24.6% 82 FIRE 446,794 541,400 205,649 510,300 508,400 473,400 -12.6% PUBLIC WORKS DEPT 86 ENGINEERING 561,221 645,700 296,106 639,300 619,400 597,400 -7.5% 90 STREETS&DRAINAGE 1,182,564 1,500,800 695,877 1,543,200 1,576,500 1,516,500 1.0% 92 EQUIPMENT MAINTENANCE 610,101 644,800 290,246 620,400 698,300 698,300 8.3%0 94 STREET LIGHTING 353,707 381,500 186,180 381,500 416,000 416,000 9.0% 96 SOLID WASTE MANAGEMT 37,215 31,900 13,107 31,900 34,200 34,200 7.2% SHARED SERVICES 98 GENERAL 339,613 429,800 187,014 408,300 494,700 494,700 15.1% 100 DATA PROCESSING 96,084 101,500 52,655 101,500 199,600 163,000 60.6% 102 LEGAL COUNSEL 157,691 105,000 22,953 135,000 160,000 160,000 52.4% 104 PUBLIC INFORMATION 95,009 75,200 35,887 74,300 -100.0% 106 EMPLOYEE BENEFITS &TRAINING 1,631,052 1,853,500 783,756 1,782,100 2,171,600 2,162,900 108 CONTINGENCY LANDFILL CLOSURE 72,226 50,000 10,414 40,000 30,000 30,000 -40.0% OTHER 82,820 107,000 11,043 59,400 100,000 100,000 -6.5% TOTAL EXPENDITURES 13,883,550 15,260,400 6,973,869 15,392,700 16,788,200 16,123,800 5.7% NEW CITY HALL 661,800 700,000 700,000 CAPITAL FACILITIES 400,000 400,000 PW/PARKS STORAGE BLDG 175,000 SEVERANCE OBLIGATIONS 20,000 30,000 30,000 7,000 7,000 TOTAL RESERVATIONS OF FUND BALANCE 856,800 1,130,000 0 1,130,000 7,000 7,000 -99.4% GRAND TOTAL $14,740,350 $16,390,400 $ 6,973,869 $16,522,700 $16,795,200 $16,130,800 -1.6% Amount financed out of the Equipment Acquisition Fund: $173,476 $593,400 $375,463 $702,900 $0 $598,400 / pro x rr o -cox 1 m v 9 X 9 2 m 1 X 9 -1 -I z no A IA-*2 N -1 X C C A X 3CC 73 C C 0 X C C2') VI X X 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Ato •1 cc m 29►-1 1 A • ~fx11O O C r O -1P11 KX N yy m m 14C 1 ►lrr Ul 1 C m 2{ LLI0 A zz 9 0 r O 2 �I lr1 t�i = 22 II O VI II r r t0 9 9 V z z \700 = L`O VI VI A C--I XX 9 --11. 7m0 NCVJ1a m2C) N I m1 - z rd 1 tiD1 m2 O IDIO Y 0 2 MI C m P N O r N v 2 N.N. 1�1 ..= c C m c im m NN LI 15 Z Cl C 9 1 v m C m 2►-' A r -1 -C 1 9 r C 2 111, 1h A C7 IA Sr 2 N MI C W 9r) I ri O C N C CNJ1 r N X 9 17 Cr RI �A UI N .0 0 '-'2 1 N-C 2 a N ►+ OD m Vf2 A 9 2 --1 9 0 VI mr A C 11 VI 1.-1rVl 2 0 -I UI A AGC') C - m0 11 .0v CO 410 -1 �I CO N m N 1 rii 2 • A vO Z v M 1 2 O UI 2 j -1 -.1 PAY 93 TAX PROJECTIONS AS OF SEPTEMBER 15, 1992 REVISED TAX LEVY i.PROJECTED.TAXES-.RESIDENTIAL PROPERTIES- ASSUMED TOTAL TAX EXTENSION RATE - EP/272/WS4 = 133.7108% PROJECTION IS A 9.65% INCREASE IN TAX EXT. RATE • PROJECTIONS ASSUME NO CHANGE IN MARKET VALUE FROM PAY 92 TO PAY 93. ACTUAL PROJECTED CHANGE CHANGE VALUE PAY 92 TAX PAY 93 TAX IN DOLLARS IN PERCENT 75,000 951 1,043 92 9.67% 100,000 1,561 1,711 150 9.64% 125,000 2,232 2,380 148 6.63% 150,000 2,994 3,049 55 1.82% 175,000 3,756 3,717 (39) -1.03% 200,000 4,518 4,386 (132) -2.93% 300,000 7,567 7,060 (507) -6.70% 400,000 10,615 9,734 (881) -8.30% 500,000 13,664 12,408 (1,256) -9.190/o PROJECTED TAXES,COMMERCIAL AND,INDUSTRIAL PROPERTIES ASSUMED LOCAL TAX EXTENSION RATE - EP/272/WS4= 133.7108% ASSUMED AREA WIDE TAX EXTENSION RATE= 121.000% PROJECTIONS ASSUME NO CHANGE IN MARKET VALUE FROM PAY 92 TO PAY 93. LOCAL EFFORT 61.55600% III AREA WIDE EFFORT 38.44400% ACTUAL PROJECTED CHANGE CHANGE VALUE PAY 92 TAX PAY 93 TAX IN DOLLARS IN PERCENT 1,000,000 56,861 60,547 3,686 6.48% PROJECTED TAXES APARTMENT PROPERTIES ASSUMED TOTAL TAX EXTENSION RATE- EP/272/WS4= 133.7108% PROJECTIONS ASSUME NO CHANGE IN MARKET VALUE FROM PAY 92 TO PAY 93. ACTUAL PROJECTED CHANGE CHANGE VALUE PAY 92 TAX PAY 93 TAX IN DOLLARS IN PERCENT 1,000,000 42,680 45,462 2,782 6.52% NOTE: Many apartment and commercial/industrial properties went down in value between 91 pay 92 and 92 pay 93. 110 123\txproja2 9/11/92 `?013 I) r 1 II August 26, 1992 Mr. Chris Enger, Director of Planning City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Petition for an Environmental Assessment Worksheet (EAW) for Fairfield West Subdivision Dear Mr. Enger: The Environmental Quality Board (EQB) has received a petition requesting that an EAW be prepared on the project described in the petition, and has determined that City of Eden Prairie is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of EAWs, can be found in the Minnesota Rules, parts 4410. 0200 to 4410.7800. Please contact me if you do not have access to these rules. 4111 The procedures to be followed in making the EAW decision are set forth in part 4410. 1100. Key points in the procedures include: ' 1. No final government approvals may be given to the project named in the petition, nor may construction on the project be started until the need for an EAW has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410. 3100) . 2 . A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. 3 . If preparation of an EAW is neither mandatory nor exempted, City of Eden Prairie has the option to prepare an EAW: The standard to be used to decide if an EAW should be done is given in part 4410. 1100, subp. 6. Note that this requires that a record of decision including specific findings of fact be maintained.. aoiLi c, INYIBONMENIA[ IUAEIIT BOARD 658 CEDAR SIBIE1, Si. PAUI, MN 55155 i12 298-2603 fAX 812 298-3898 SPAff P111I1E1 DI Ea PIANNINB 1 August 26, 1992 Page Two • • 4 . You are allowed 30 working days (Saturdays, Sundays and holidays do not count) for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 days from EQB if the decision will be made by an individual. 5. You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. 6. If for any reason you are unable to act on the petition at this time (e.g. , no application has yet been filed or the application has been withdrawn) , the petition will remain in effect for a period of one year, and must be acted upon prior to any final decisions concerning the project identified in the petition. Notice of the petition and its assignment to your unit of government will be published in the EOB Monitor on September 14, 1992 . If you have any questions or need any assistance, please do not • hesitate to call. The phone number is (612) 296-8253 or you may call on our toll-free line by dialing 1-800-652-9747 and asking for the Environmental Quality Board, Environmental Review Program. Sincerely, "aO'�-frt4 7 Gregg Downing J Environmental Review Coordinator cc: Jackie McMillan • Jacqueline A. McMillan 7924 Island Road 4111 Eden Prairie MN 55347 (612) 937 1911 To: Gregg Downing, Environmental Quality Board (FAX# 296 3698) From: Jackie McMillan Date: August 18, 1992 Re: APPLICATION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET PROPOSED 'BIG WOODS" DEVELOPMENT, EDEN PRAIRIE Please find attached Petition for EAW relating to "Big Woods" proposed development in Eden Prairie. Description of Initial Project: To develop 7 acres of the "Big Woods" which covers a total of 40 acres. Future plans are to develop the total 40 acre area. Developer:Centex/Tandem Corporation 4111 Petition Representative: Jackie McMillan Please let me know if I can provide any further information. Thank you. Note: Also attached is a description of "BigWoods" Landforms, vegetation, rare species etc etc, which may be of use in assessing the special nature of this parcel of woodland. 4111 2QELe rsi 4111 August 18, 1992 To: TANDEM CORPORATION Sirs: We hereby give notice that a Petition requesting an Environmental Assessment Worksheet be completed with respect to the currently proposed development of the "Big Woods" area in Eden Prairie has been submitted to the Environmental Quality Board. A copy of this Petition will be presented to the City Council at a meeting to be held at the City Offices in Eden Prairie at 7.30pm on August 18, 1992. 4111 J.A. McMillan Petition Representative 4111 ao() • DID YOU KNOW THERE ARE "BIG WOODS" IN EDEN PRAIRIE? Mitchell Lake Woods, just south of the proposed site of Mitchell Lake Park, represents one of the few high quality remnants of the Big Woods hardwood forest that once covered much of Minnesota. At issue is whether this site should be conserved or given over to development . As a first step towards preserving as much as possible of these "Big Woods" we are petitioning for an Environmental Assessment Worksheet to be completed with respect to currently proposed development . We need your support to provide the signatures required and especially to let our city officials know how strongly the community feels that these Woods should be saved. The site is listed by the Natural Heritage Program, an indication 10 of its biological significance , and a DNR ecologist has stated that the site merits conservation. It is an ecosystem that provides a habitat for many species, particularly birds. Once developed it will be lost forever. Help us to conserve this gift of nature for our children and our community. Thank you. S I HEREBY PETITION FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET TO BE COMPLE. WITH RESPECT TO THE IMPACT THE CURRENTLY PROPOSED DEVELOPMENT WILL HAVE ON MITCHELL LAKE WOODS ("B IG WOODS") SIGNATURE NAME MAILING ADDRESS V ..l-k GL 4._.. ill.. IT,1 I IrLii ? '-j--4-,1 l . 1 cc.,v.:4 Rz-tri7 Ls.-71 , 1.1,flitc,t1AA_LL,A.--,- 1 / '.. ,:..m.,. -,,.. fri,4,,,,r/z_z..,i4/. 2- 7-::: 7 A., .._3. .r,' .6,......-,_ uI t(-4L. (:r•- --- Q.(1 l ILL‘ 7‘7 / 4 / .. L'•._.1i.,-` j),,C, '.. I(/ .1.-N- .„-•`74--7 -n; 1 :--j..;',;ti),,,- - •.7 1 :''''. •-‘)•.-." -.'-j''•..-. %. L.(•6- ;,:,../.;--1 ":-.•:11:12 ' . " i .. Pi 1. :,_ -, :"..-el AP -/44:-- - . -„J 5, __,--:- - . _ - ..... , _ • . , . , . ,,.............„ . lf , .. ...:‘:,....--:---_--c/v...„7 .4") ....i. di j_ c.... 01/, .7. ; D ! 0 .,<L..-3.-- `,i(-6-- ;%-- ;::— —1-- . 7 9 9 (.` " 7:-7 4;--4 QI l ): 5- ./b. ; • • ,,,, , 7),!_i ,tP) P ,6Arir -- 1/1.11), i , Lf.p, ,., 1-1\ ,.."-- ( . v f ( ..), - ROI)e r-1- 3-- -1-1 0 0 0 l , -7 8 67 7--_siancl Rd. 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X / 6"/--?.../ ----:. ;r i<7.- , 7(j CO:e:Vi'n 4A e '7 t:( ./7 ( 6.-5ill 7 II. . Page Five n /Ct4SfGvioY� MAPLE - BASSWOOD FOREST • GENERAL DESCRIPTION Prior to the settlement of Minnesota. • the"Big Woods"was a large peninsula of mesic forest of elm,sugar maple,bass- wood,and red oak.It covered about 3420 square miles in south-central Minnesota along the prairie-forest border.Today, nearly all of the Big Woods has been cleared for agriculture and urban develop- �. ment,with only scattered wood lots re- maining. LANDFORMS AND SOILS The western and southern limits of Big Woods were set by natural firebreaks, such as rivers and lakes,which protected the fire-sensitive trees from fires sweeping in from the prairies. Most of the Big Woods grew on loamy to clayey soils formed in Des Moines Lobe glacial till, but the Big Woods also occurred on coarse-grained soils on sites well protected from fire.The Big Woods typically grew on well drained sites characterized by Hay- shade of summer many forest herbs ADAPTIONS den series soils but also occurred on some bloom before the tree leaves are fully ex- Most plants of the Big Woods are poorly drained soils. panded. These herbs are responsible for a adapted to dense summer shade and nutri- spectacular display of spring flowers that ent rich soils. Sugar maple is the illVEGETATION briefly carpets the forest floor. One shade tolerant tree in Minnesota; it The dominant trees of the Big Woods group of spring bloomers--the spring germinate and grow under very low light were elm(Ulmus americana and U.rubra), ephemerals—flower,produce seeds,and die intensities. Dense populations of sup- sugar maple(Acer saccharum),and bass- back completely before the canopy closes pressed maple seedlings persist for years wood(Tilia americana). Other important in June. until the death of a canopy tree allows trees included ironwood(Ostrya virginia- enough light to permit the rapid growth • na),yellowbud hickory(Carya cordifor- • 't-The sparse shrub layer is dominated by of a few young trees toward the canopy. mis),and ash(Fraxinus nigra and F. seedlings and saplings of canopy trees and Trees with more shade intolerant scccil- pennsylvanica). With the exception of includes characteristic woody plants such ings such as basswood and hackberry elm,which has been decimated by Dutch as red-berried elder(Sambucus pubens), (Celtic occidentalis)often reproduce by • Elm disease,these species still dominate alternate-leaved dogwood(Comus aitetni- root sprouts. Basswood frequently pro- the remaining Big Woods forests. folic),chokecherry(Prunus virginiana), duces a ring of sprouts that surrounds the and prickly ash(Zanthoxylum america- trunk,producing multistemmed trees that Forest composition at a given site is, in num). Characteristic spring ephemerals often appear as"fairy rings" when the old large part,determined by soil moisture are white trout lily(Erythronium albid- tree dies. Unlike the oaks,basswood and and degree of fire protection. On well urn),Dutchman's breeches(Dicentracu- sugar maple leaves retain important min- drained sites protected from fire,sugar ma- cullaria),toothwort(Dentaria laciniata), eral nutrients when they are shed in the ple is dominant,whereas the more fire spring beauty(Claytonia virginiana),and fall. These mineral rich leaves are com- tolerant red oak is more important on up- false rue anemone(Isopyrum biternatum). pletely broken down by the end of the fol- lands where fire was more likely. On Other typical spring-flowering herbs in- lowing summer by immense population: wetter sites elm and ash were the domi- elude bellwort(Uvularia grandiflora), of millipedes, fungi,earthworms,and nant species. Basswood is distributed bloodroot(Sanguinaria canadensis),blue other soil biota. This rich layer of hu- across the moisture gradient. cohosh(Caulophyllum thalictroides),and mus and leaf litter encourages the growth waterleaf(Hydrophyllum virginianum). of spring flowers but discourages moss The trees of the Big Woods typically The less showy summer flowers include growth. create a continuous canopy that allows wild leek(Allium tricoccum),lopseed • little sunlight to penetrate. As a result (Phyrma leptostachya),enchanter's night- ASSOCIATIONS the under story is quite open with sparse shade(Circaea quadrisu lcata),and sweet Historically,the Big Woods graded into shrub cover. In response to the dense cicely(Osmorhiza claytoni). mixed oak forest on hilly,well drained NATIVE FOREST TYPES OF MINNESOTA rift bra - site to the east. To the west,aspen and THREATS persist in the future. bur oak dominated wetter sites in the Iran- The remaining patches of Big Woods sition between the Big Woods and prairie. forest are threatened by logging,grazing, CURRENT STATUS Where firebreaks were particularly effec- and development as-home sites. A more The original Big Woods has been virtu- tive,the Big Woods directly abutted the subtle threat stems-from the fact that ally eliminated by agriculture and urban prairie. many Big Woods plants and animals are development. The remaining Big Woods adapted to ecological conditions typical of forest occurs as small,isolated wood lots. NATURAL PROCESSES the forest interior. These populations are most of which have been significantly at- The Big Woods is a relatively recent threatened by the fragmentation of the tered by logging and grazing. Today, phenomenon; it developed within the last once contiguous Big Woods forest into about 20-30 relatively natural Big Woods few hundred years in an area previously small,isolated wood lots, remnants remain, ranging from 10 to 60(1 dominated by mixed oak woods,oak sa- acres. vanna and prairie. Historically,the Big MANAGEMENT Woods maple-basswood forest was a rela- The remaining unprotected Big Woods tively stable natural community because forest urgently need protection from hu- the dominant trees were shade tolerant and man disturbance. Protected sites may re- because it seldom experienced catastrophic quire some active management such as fires. In the absence of climate Change creating small openings to perpetuate all and disturbance,many of the remaining tree species. Ultimately,the persistence patches of Big Woods will eventually of this natural community may depend on succeed to nearly pure sugar maple fo- the development of forested buffer zones • rests. Other dominant trees species of the surrounding existing Big Woods wood Big Woods were able to persist due to lots. Such buffer would allow develop- small scale disturbances such as wind- ment of forest interior conditions in the throw,individual tree fall,and small existing wood lots,increasing the proba- fires. bility that forest interior species could • • ASSOCIATED RARE SPECIES E = endangered,T = threatened, • SC = special concern Animals Wood turtle T Louisiana water thrush S C Red-shouldered hawk S C • Black rat snake S C Milk snake S C Plants Dwarf trout lily E (Erythronium propullans) • Plaintain-leaved sedge T (Carex plantaginea) Goldie's fern S C (Dryopteris goldiana) PROTE(:1i D EXAMPLES Ginseng S C Hardscrabble Point Woods TNC(Hennc- (Panax quinquefolium) pin Co.);Lowry Woods TNC (Hennepin One-flowered broom-rape S C Co.);Nerstrand Woods State Park(Lc- (Orobanche uniflora) Suer Co.);Richter County Park (LeSeur Ovate-leaved skullcap S C Co.);Mary Schmidt Crawford Woods (Scutellaria ovata) SNA(Wright Co.):Townsend Woods (R ice trillium S C SNA Co.);Wolsfeld Woods SNA • (Trillium nivale) (Hennepin Co.) Tick-trefoil S C (Desmodium cuspidatum)_ SNA=Scientific and Natural Arca, Woods sedge S C /�, n Minn. Dept.of Natural Resource p`Qa ' (Cartex woodii) L( TNC=The Nature Conservancy tit • ',vs... r.r,.•.-c.-r TVOCC (NC \I L (1'I' MEMORANDUM • TO: Mayor and City Council FROM: Carl J. Jullie, City Manager DATE: August 28, 1992 SUBJECT: Additional compensation for Mayor and City Council In response to City Council request, staff suggests changes to the structure for any additional compensation for the Mayor and City Council by modifying City Ordinance No. 9-88, City Code Section 2.05, Subd. 3, in the following manner: "$25 Meetings of 0-2 hours (current policy has a $50 Meetings over 2 hours $50/day maximum.) $1 200 Maximum additional compensation per Council member per year Activities qualifying for additional compensation, when designated by the City Council, would be to serve as a representative of the City: * at meetings of boards, commissions, or other entities • that the City is a member of, and which do not compensate attendees. * for appearances related to litigation. * for out-of-town travel directly related to City business." Incidental expenses such as mileage, parking, telephone calls, and photocopying would lie outside of the $1200/year per Council member cap in the policy. Payment for these expenses would continue to be reimbursed upon receipt. The current $50/day cap would be deleted. The revised policy would also provide payment for expenses such as registration fees, lodging accommodations, meals, and transportation. Cash advances would be available, and receipts required to be submitted for payment on allowable expenses, including those used against any cash advance. The policy is limited to City Council members only. Staff has reviewed a number of practices and ordinances of other cities, and based on these findings, the City Council may consider it appropriate to modify its compensation through an increase in the current base ($4800/year per Council member and $6000/year for the Mayor), and/or the recommendation for additional compensation as outlined above. If any councilmembers desire to pursue these changes, please let me know and an agenda item will be scheduled accordingly. I 0 i • [L D©A,d ©Ol l i BH171St Pa DISH tB Y tBR APY 3O-JAI-92 COST SALARY TOTAL PER RESIDENT OR (SALARY + STIPEND+PER DIEM COMMUNITY POPULATION STIPEND PER DIEM PER DIEM) RESIDENT EDINA 46,070 $27,450 $0 $27,450 $0.60 MAPLE GROVE 38,736 $32,000 $2,250 $34,250 $0.88 MINNETONKA 48,370 $42,024 $0 $42,024 $0.87 PLYMOUTH 50,889 $33,800 $0 $33,800 $0.66 Lb EDEN PRAIRIE 39,311 $25,200 $12,000* $37,200 $0.95 BROOKLYN CENTER 28,887 $27,000 $0 $27,000 $0.93 BROOKLYN PARK 56,381 $63,000 $2,450 $65,450 $1.16 BURNSVILLE 51 ,288 $33,420 $0 $33,420 $0.65 EAGAN 47,409 $28,800 $0 $28,800 $0.61 * Based on total expenses paid in 1991. LOCAL CO I] UNlTIIIS I'I3 DIIIEI SU3VY 004110-02 TOTAL RECEIVE PER OTHER HEALT H INS. MUNICIPALITY SALARIES COST ; > PERg i DIEM PAY IN 1992? REIMBURSABLE THROUGH (population) FOR 1992 TO CITY .RESIDENT.; AMOUNT? COMPENSATION ? CITY? ............................. Edina M $7,050 $27,450 $3;:iggmi i No. Yes. No. 46,070 CC $5,100 each (4) $2000 budgeted for conference fees. Must submit receipts for reimbursement. Maple Grove M $8,000 $32,000 >;`'$08 ; 'Yes. Yes. Yes. 38,736 CC $6,000 each (4) i $450 year perMileage $0.28/mile. For attending 9 Pay at ;`:;;' per person conferences: in state meals, $32/day Employee cost. :::::::maximum. (max), out of state meals, $44/day (max). Must submit receipts for reimbursement. Minnetonka M $8,400 $42,024 i $08 '"' No. Yes. No. ' 48,370 CC $5,604 each (6) Budgeted $7500 for conferences, $3000 9 for training/consultant fees, $1100 for mileage. Must submit receipts for reimbursements. Plymouth M $8,600 $33,800 ; ` $0.66 No. Yes. Yes. 50,889 CC $6,300 each (4) $5300 budgeted for conferences (air, Pay at hotel, conference fees). Must submit Employee cost. receipts for reimbursement. Mileage eliminated for 1992. Eden Prairie M $6,000 $25,200 $,0. t „ ; Yes. Yes. Yes. 39,311 CC $4,800 each (4) $25 under 2 hours; Mileag e $0.25/mile. Budgeted $10,000 Pay at full and $50 for 2+ hours. for conferences and training (air/hotel cost. <$50 maximum per day. meals.) Must submit receipts for z5All non-regular reimbursement. 1 council meetings. ............................. III • • S • • IL oOCJ&L C oOf/ IUNIITfIIES 119MI3 DIII I I SURVEY sam.92 TOTAL RECEIVE PER OTHER HEALTH INS. . ......................... . ........................... . ......................... MUNICIPALITY SALARIES COST $'PEFt < < DIEM PAY IN 1992? REIMBURSABLE THROUGH (population) FOR 1992 TO CITY RESIDENT:` AMOUNT? COMPENSATION ? CITY? ............................. ............................. ............................. ............................. ............................. ............................. Brooklyn Center M $7,000 $27,000 '''' $t9:3 € No. Yes. No. 28,887 CC $5,000 each (4) $4000 budgeted for training and conferences. Must submit receipts for reimbursement. No reimbursement for mileage. IIIIIIIII Brooklyn Park M $12,600 $63,000 <>"'$1.12 Yes. Yes. No. 56,381 CC $8,400 eachs '':.$35per day (Meals $29, $23,160 budgeted for air/hotel/conference (6) 9 :::::::::Other $6). 10 day max fees. City makes arrangements and pays erpersonperyear. directlyfor these. No reimbursement (,b `` P for mileage. Burnsville M $8,700 $33,420 $.65<``'''No. Yes. No. <............................ ............................ ............................. ............................. ............................. 51,288 CC $6,180 each (4) $6925 budgeted: $2000 consultant fees, $1900 conference fees, $2000 hotel/meals, $800 airfare, $225 misc. All members can attend LMC, only mayor and 1 CC member can attend NLC. All paid directly by city, except car mileage and out of town meal; must submit receipts for reimbursement. Eagan M $7,200 $28,800 ::$r.A.I.a< No. Yes. Yes. 47,409 CC $5,400 each (4) Must submit receipts for reimbursement Pay at for mileage and out of town meals-- Employee cost. generally under $500 per year. Provided with Ins. policy. • A MEMORANDUM • TO: Mayor and City Council THROUGH: Carl J. Jullie City Manager PROM: Natalie Swaggert Director of Human Resources & Services DATE: September 11, 1992 SUBJECT: School Board Compensation Compensation for School Board Members is established at the annual School Board Organizational Meeting held in July. At this years meeting, compensation was set as follows: Base Salary: Chair $400/month $4800 annual Member $300/month $3600 annual Additional meetings: $50/month Maximum of 36 • compensated meetings per year. ($1800 annual) To receive compensation for attending a meeting the individual must be a member of the committee/organization as an official of the School Board. Attachment: Official Minutes of July 7, 1992 School Board Organizational Meeting HIS:bmm SEP-11-92 FK1 t$ ; 12 GLGIY Official Minutes of the July 7, 1992 School Board Organizational Meeting -lf 3. Official Newspaper A MOTION WAS MADE BY WEGNER, SECONDED BY NORMAN, TO RESOLV THAT THE EDEN PRAIRIE NEWS' BE DESIGNATED AS THE OFFICIAW NEWSPAPER FOR PUBLICATION OF THE CLERK'S MINUTES AND LEGAL NOTICES FOR THE FISCAL YEAR JULY 1, 1992 THROUGH JUNE 30, 1993. MOTION PASSED UNANIMOUSLY. 110 School Board Cpmpensation A MOTION WAS MADE BY VAN REMORTEL, SECONDED BY ANDERSON, TO RESOLVE THAT COMPENSATION OF INDEPENDENT SCHOOL DISTRICT 272, EDEN PRAIRIE SCHOOL BOARD MEMBERS FOR THE FISCAL YEAR JULY 1, 1992 THROUGH JUNE 30, 1993 BE ESTABLISHED AT$300 PER MONTH WITH AN ADDITIONAL $100 PER MONTH FOR THE SCHOOL BOARD CHAIRPERSON, AND,FURTHERMORE, TO ALSO COMPENSATE SCHOOL BOARD MEMBERS $50 PER MEETING THAT EACH SCHOOL BOARD MEMBER ATTENDS WITH A MAXIMUM OF 36 COMPENSATED MEETINGS PER YEAR. MOTION PASSED UNANIMOUSLY. 5. Authorization to Join Minnesota School Board Association A MOTION WAS MADE BY APP.ELQUIST, SECONDED BY VAN REMORTEL, TO RESOLVE THAT INDEPENDENT SCHOOL DISTRICT 272, EDEN PRAIRIE, JOIN THE MINNESOTA SCHOOL BOARD ASSOCIATION FOR THE FISCAL YEAR JUl 1, 1992 THROUGH JUNE 30, 1993. MOTION PASSED UNANIMOUSLY. 6. Association for Stable and Growing School Districts a. Authorization to Join A MOTION WAS MADE BY VAN REMORTEL, SECONDED BY WEGNER,TO RESOLVE THAT INDEPENDENT SCHOOL DISTRICT 272, EDEN PRAIRIE, JOIN THE ASSOCIATION OF STABLE AND GROWING SCHOOL DISTRICTS FOR THE FISCAL YEAR JULY 1, 1992 THROUGH JUNE 30, 1993. MOTION PASSED UNANIMOUSLY. b. Special Assessment A MOTION WAS MADE BY VAN REMORTEL, SECONDED BY APPELQUIST, TO RESOLVE TO AUTHORIZE THE PAYMENT OP $2,484.65 FOR A SPECIAL ASSESSMENT FOR LITIGATION DUES TO ASSOCIATION OF STABLE AND GROWING SCHOOL DISTRICTS (ASGSD). MOTION PASSED UNANIMOUSLY. DRAFT COPY 9/9/92 EROSION CONTROL POLICY 1. All construction projects permitted by the City of Eden Prairie which result in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in MPCA's manual Protecting Water Quality In Urban Areas to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits effected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours. 3. All erosion control systems must be maintained by the permittee in a functional condition until the completion of turf and/or structural surfaces which protect the soil from erosion. The permittee must inspect erosion control bi-weekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices (BMP's) to minimized the tracking or spillage of soil on public streets or highways shall be utilized at all construction sites. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Tracking or spillage on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the permittee shall immediately develop a clean up and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the clean up and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto a public street or highway, the permittee shall remove the soil material and thoroughly sweep the street or highway surface within four hours. Permittee shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When a permittee fails to conform to any provision of this policy within the time stipulated in a written notification, the City Engineer or the Director of Inspections may take the following actions: • a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. b. Direct the correction of the deficiency by City forces or separate contract. (DRAFT COPY) EROSION CONTROL POLICY Page2of2 The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs incurred by the City in correcting erosion control deficiencies shall be reimbursed by the permittee. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1% per month. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of the assessment. • • d!03