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HomeMy WebLinkAboutCity Council - 12/08/1992• • • ----------------------------------~-------------------------------- CITY COUNCIL WILL MEBT AT 7:15 PH TO INTERVIEW TOX MARCUS WHO IS INTERBSTED IN BBING APPOINTBD AS A STUDENT/YOUTH HBJIBER ON THB PARKS, RECREATION , NATURAL RESOURCES COHKISSION ------------------------------------------------------------------- AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 8, 1992 7:30 PM, CITY HALL COUNCll.. CHAMBERS 7600 Executive Drive COUNCll..MEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H .. Martin Jessen, and Patricia Pidcock CITY COUNCll.. STAFF: PLEDGE OF ALLEGIANCE ·ROLL CALL City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, and Director of Public Works Gene Dietz L APPROVAL OF AGENDA AND ODIER ITEMS OF BUSINESS n. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY. NOVEMBER 17.1992 m. CONSENT CALENDAR A. B. C. Clerk's License List Annroyal of Lease A&reement for 7600 Executive Drive BORUCKI ADDffiON by James and Pauline Borucki. Approval of Developer's Agreement for Borucki Addition. Location: 6517 Rowland Road. . Page 2430A Page 2431 Page 2432 Page 2436 City CooncR Agenda Tuesday, December'S, 1992 Page Two D. SUBURBAN CHEVROLET by Metropolitan Corporation. 2nd Reading of Ordinance, PUD District Review on 16.2 acres and Zoning District Amendment within the C-Reg-Ser District on 16.2 acres; Adoption of a Resolution, Authorizing Summary of an Ordinance and Ordering Publication of Said Summary; and Adoption of a Resolution, Approving Site Plan for Suburban Chevrolet. Location: Southeast corner of Valley View Road and 'Plaza Drive. (Ordinance for P(]D District Review and Zoning District Amendment within the C-Reg-Ser District; Resolution for Authorizing Summary and Publication; and Resolution for Site Plan Review.) E. Resolution Providine for Additional Letter of Credit Security on The Park at City West Multifamily HousiU ReVenue Bonds F. Request from Team Minnesota Hocke.y, Inc. for Reduced Hourly Rate fOr Ice Time G. Policy on Pool Water Temperature at Community Center H. Resolution ADproyine Final Plat AJmI"Oval of RJH Addition , OValereens Site) located at the S.W. Quadrant of Temy Pine Driye and CSAn 4 I. Resolution APJ)royine Final Plat of Cascade Townhouses Oocated at the S.E. Quadrant of Den Road and Cascade Drivel· J. Resolution A»Droyine Final Plat of Ionttki Addition Oocated north of Rowland Road and east of Fallbrook Road K. Release of Land from Special Assessment Acreement between the City and Coffman Development (Counta Glen) L. ADDrove . Chan" Order No. 1 fqr Traffic Sienals at Prairie Center Drive and Sine1etree Lane atc. 52-24Sl M. A Resolution of SUPJ)ort for the Li&ht Ran TransiUInterim Remonal Recreation Trail Corridor N. 1st Readme of Ordinance Amendine Peddlm, Transient Merchants and Solicitors Ordinance -Section 5.37 • Page 2442 Page 2456 Page 2459 Pag(e 247. Page 2479 Page 2481·· Page 2483 Page 2485 Page 2487 Page 2488 Page 2490 ". • • • City Council Agenda Tuesday, December 8, 1992 Page Three O. ChanG Order No.4 for Eden Prairie Community Center Addition IV. PUBLIC HEARINGSIMEETINGS A. B. CARMODY SVBDOOSION, by Thomas and Grace Carmody. Request for Rezoning from Rural to Rl-13.5 on .86 acres and Preliminary Plat of .86 acres into two lots. Location: 8595 Mitchell Road. (Ordinance for Rezoning and Resolution for Preliminary Plat) Published 11-27, Sent 71. RIVERVIEW HEIGHTS, by Hustad Development for Rezoning from Rl-22 to Rl-13.5 on 4.69 acres and Preliminary Plat of 26.26 acres into 19 lots and 1 outlot. Location: South of Riverview Road. (Ordinance for Rezoning and Resolution for Prelhtlinary Plat) Published 11-27, Sent 81. V. PAYMENT .oF CLAIMS VI. ORDINANCES AND RESOLUTIONS A. 2nd Readin&· of Ordinance Amendin& Peddlers Transient Merchants and Solicitors Ordinance . -. Section 5.37 and Resolution APllrovin& Summar,y for Publication VII. PETITIONS. REQUESTS AND COMMUNICATIONS A. Request from Daniel Delmerico to be Granted a Peddlers License in the City of Eden Prairie Vill. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES IX. APPOINTMENTS A. APllointment of Student/Youth M@IIlber to the Parks. Recreation & Natural Resources Commission X. REPORTS OF OFFICERS A. Reports of Councilmembers Page· 2503 Page 2505 Page 2514 Page 2540 Page 2490 & Page 2551 Page 2552 City Counen Agenda Tuesday, December 8, 1992 Page~our B. Report of City Manam C. Rgort of Director of Parks. Recreation & Natural Resource , 1. Proj)osal from Mrs. H. R. Fowler, 13015 Riyeryiew B!md . 2. Process for Natural Resource Inventory. D. . Report of Director of Community DeveJQJ)DIeDt E.Re,port of Director of Public Works . F. Re.port of City Attorney . . G. Rep9'1 of FinD,," Director XI. OTHER BUSINESS XII. ADJOURNMENT ~. • Page 25.64 Page 2586 • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 17, 1992 IMMEDIATELY FOLLOWING HOUSING & REDEVELOPMENT AUTHORITY MEETING COUNCllMEMBERS: CITY HALL COUNCIL CHAMBER 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. ]ullie, 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 f!i"ayor Tenpas called the meeting to order at 7:45 p.m. All members were present. I. APPRO V AL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added Item X.A.l. Cable Television Consumer LeKislation, and X.A.2. Recommendations for Appointment to Metropolitan Council District 13. Harris added Item X.A.3. Truth in Taxation Statements. Jessen added Item X.A.4. City's Position on LeKislative Platforms of Member OrKanizations. Jullie added Item IX.B.2. Request for Student for Appointment to Parks, Recreation, and Natural Resources Commission. MOTION: Anderson moved, seconded by Pidcock, to approve the agenda as submitted and amended. Motion carried unanimously. n. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 3. 1992 MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the November 3, 1992, meeting as submitted. Motion carried unanimously. m. CONSENT CALENDAR A. • B. Clerk's License List 2nd ReadinK of Ordinance No. 37-92. AmendinK Chapter 2, Section 2.30, ChanKinK Name of Plannine Department to Community Development Department /"" ""'.?4 ""Y'\ A " ~. 1··...-(".),lJ( City Council Minutes 2 November 17, 1992 C. D. E. F. G. Resolution No. 92-243 Approvine Final Plat of Bluffs West 11th Addition Oocated west o. Pureatory Creek on the South Side of Wild Heron Point> Approve Chanee Order No.1 for Braxton Drive. I.C. 52-189A Resolution No. 92-244 Approvine an Amendment and Consent for Reimancine of the Minnesota Industrial Tool Municipal Industrial Revenue Bonds <Richard Cohen Project) PETFOOD WAREHOUSE by Prairie Entertainment. 2nd Reading of Ordinance No. 43-92-PUD-8- 92, Amending the Zoning District in the C-Reg-Ser on 6.42 acres; Approval of Developer's Agreement for Petfood Warehouse; Adoption of Resolution Authorizing Summary of Ordinance No. 43-92-PUD-8-92 and Ordering Publication of Said Summary; and Adoption of Resolution Approving Site Plan for Petfood Warehouse. Location: Eden Place Center (Ordinance No. 43-92-PUD-8-92, Amending the Zoning District in the C-Reg-Ser District; Resolution No. 92-245 Authorizing Summary and Publication; Resolution No. 92-246 for Site Plan Review) MCI Reimbursement Aereement <Dell Road Railroad Bridee Project) MOTION: Harris moved, seconded by Pidcock, to approve items A. -G. of the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS/MEETINGS • A. Review Desien of Anderson Lakes Parkway Improvements between CSAH 18 and Franlo Road This item had been continued from the October 6, 1992 Council meeting to allow for notification of a larger number of residents about the pending changes to the Anderson Lakes Parkway/County Road #18 intersection and to allow for additional research by City Staff. Gray reviewed the plans in detail, noting that the intersection could be compared, by volume of traffic, to the intersection of Highway #5 and Prairie Center Drive at the Rainbow Food Center. He explained the improvements proposed for each intersection with Anderson Lakes Parkway west of County Road #18 to Preserve Boulevard, noting existing traffic volumes in each location. Council members raised questions regarding the following: Whether a signal was planned at Garrison Way; Whether traffic might shift to other roads when such roads were upgraded, such as Highway #212 or County Road #1; How traffic volumes were spread out during the day; Whether an overpass at the intersection of County Road #18 and Anderson Lakes Parkway wou~ be constructed in the future and how many additional acres would be needed to construct JfII' overpass; .City Council Minutes 3 November 17, 1992 • • How the upgraded Anderson Lakes Parkway would compare to the east-bound road in Bloomington; The timing of any upgrade planned for County Road #1; Any plans for changing the speed limit on Anderson Lakes Parkway; Whether it would be necessary to expand Anderson Lakes Parkway to four lanes west of Franlo Road; and, Plans for the trail connections to the adjacent parks, particularly Hyland Park in Bloomington. Gray explained that a signal was not planned, nor deemed necessary, at Garrison Way at this time, and that he did not believe a signal would be warranted at this location in the future. However, Franlo Road may be a candidate for a signalized intersection in the future. Gray said that traffic may shift to other roads such as Highway #212 or County Road #1 at such time as those roads were upgraded in the future. He explained that there was a greater traffic volume at the intersection of Anderson Lakes Parkway and County Road #18 than at the intersection of Anderson Lakes Parkway and Highway #169 to the west. Peak hours of traffic were from 7:00 -8:00 a.m. and from 5:00 -6:00 p.m., and represented approximately 10% of the total daily traffic for the intersection. With respect to future design of the intersection, Gray explained that it was possible that an overpass designed as a diamond intersection would be needed to handle the traffic volumes. Approximately four additional acres of land would be required to construct a diamond 2interchange in this location. Regarding the design of the east-bound road into Bloomington, Gray stated that the road was a "mirror image" of the design proposed for west-bound Anderson Lakes Parkway, a four-lane, island- separated road, with tum lanes at intersections. He noted that the Metropolitan Council would likely classify both roads a minor arterials. Gray said that the timing of the upgrading of County Road #1 would depend on the timing of the remaining development in the area. He also reported that the county expected the existing speed limits to remain the same after expansion of Anderson Lakes Parkway. As for the potential for Anderson Lakes Parkway to be constructed as a four-lane road west of Franlo Road, Gray explained that the traffic counts and trip generation information did not indicate that this was necessary since west-bound traffic volumes dropped significantly at this point. An interconnection of trails had been part of the overall plan for the area since the earliest review of the proposal, according to Gray. The timing of the connections was not known, however . City Council Minutes 4 November 17, 199. Mayor Tenpas declared a recess at 8:55 p.m. The meeting was recovened at 9:05 p.m. A large number of area residents attended the meeting. Those who spoke against the proposed expansion of the intersection and against the widening of the road east of County Road #18 included: Kevin Fox, 10560 Glen Smith, 8938 Hidden Oaks Drive; Pat Griswold, 10541 Lake Fall Drive; Julie Sampson, 9530 Risewood Circle; Sandy Kusek, 9041 High Point Circle; Keith Gettelman, 8851 Hidden Oaks Drive; Debbie Gjervold, 9965 Garrison Way; Mark Romo, 9111 Neill Lake Road; Deb Hart; 9150 Neill Lake Road; Norbert McCrady, 10520 Lake Fall Drive; Carla Matyasz, 9195 Talus Circle; Amy Krueger, 9310 Flyway Circle; Guy Wegner, 10521 Lake Fall Drive; Bill Johnson, 9251 Amsden Way; and Tony Law, 10680 Lake Fall Drive. No one present spoke in favor. Issues raised by the residents included: Whether a need had really been established for the upgrading of the intersection as many found it acceptable as currently designed or in need of much less improvement and expansion than proposed; Concern for the safety of children walking along the roadway or trying to cross the upgraded road; Whether the budget for the project had considered tree replacement of the large trees which woul~ be removed by construction of the improvements; • How much of the park land would be purchased from the Hennepin County Park Reserve District; The impact of the upgraded road on the quality of life in the Preserve area; The impact on the existing commercial area in the southwest quadrant of the intersection; and, The impact on the environment. Letters were received from the Preserve Association, 11111 Anderson Lakes Parkway, stating its concern about the impact of the expansion on the quality of life in the Preserve, and from Rod Sill, 11339 Windrow Drive, stating that he was in favor of the proposed expansion. Suggestions for amendment of the plan included: beginning the tapering of the road at Garrison Way, instead of Amsden Way so the road would remain two lanes wide west of Garrison Way; walkways for pedestrians should be as far away from the main road bed as possible for safety purposes; underpasses or overpasses constructed under or across Anderson Lakes Parkway for safer pedestrian access. In response to questions raised by residents, Gray stated that there would be 15 acres of park land removed from the park by the expansion, but that 17 acres of land would be added to the park •. another location. fiity Council Minutes 5 November 17, 1992 B. • Councilmembers agreed that additional information was needed about when an elevated intersection was planned for construction, when trail connections were planned to be constructed, and what the process would be to amend the Environmental Impact Statement. Council directed Staff to revise plans for the intersection which would reflect the following changes to the design: a grade-separated intersection at Anderson Lakes Parkway and County Road #18; location of trails adjacent to Anderson Lakes Parkway; connection of the trails to the parks north of Anderson Lakes Regional Park; planned underpasses or overpasses for safer pedestrian crossing of Anderson Lakes Parkway; elimination of the "pigtail" frontage road along the south side of Anderson Lakes Parkway near Garrison Way; and the location of the entrance and parking areas for the Nature Center within Anderson Lakes Regional Park. Council also directed Staff to provide copies of the revised plans to the residents and to renotify them as to when the revisions would be presented to the City Council. SUBURBAN CHEVROLET by Metropolitan Corporation for a Planned Unit Development Concept Review on 16.2 acres, Planned Unit Development District Review on 16.2 acres with waivers, Zoning District Amendment within the C-Reg-Ser District on 16.2 acres and Site Plan Review on 16.2 acres. Location: Southeast comer of Valley View Road and Plaza Drive. (Resolution No. 92-247 for PUD Concept Review; and Ordinance for PUD District Review and Zoning District Amendment) Mr. Herb Margolis, proponent reviewed the proposal, noting that the main difference between it and the 1991 plan was that the current plans showed demolition of the existing building and construction of four separate interconnected dealership buildings. The new proposal also included NURP pond. Enger reported that the Planning Commission considered this proposal at its October 26th and November 9th meetings and recommended approval subject to the recommendations made by staff. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the public hearing; 2) Adopt the Resolution No. 92-247 for PUD Concept; 3) Approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendments; and 4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. • Motion carried unanimously. City Council Minutes 6 November 17, 199. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye. " VI. ORDINANCES AND RESOLUTIONS VD. PETITIONS. REOUESTS AND COMMUNICATIONS A. Variance Request 92-19 by Michael &.Jill Shavlik. 7353 Williams Lane. to allow an 11 foot front yard setback for a deck facing Williams Lane (a 25 foot setback is required) and a 11.5 foot setback to the private access drive for the same deck (a 15 foot setback is required) On October 8th, the Board of Appeals & Adjustments denied a request by the Shavliks for setback variances to construct a deck on their house at 7353 Williams Lane, a cluster lot in the Apple Groves subdivision. The proposed deck would require an eleven-foot setback. The Shavliks explained their request and discussed other variances approved by the City which they believed to be similar in nature to their own. • Council members discussed a recent communication from the Board of Appeals wherein members expressed concern about this exact type of variance request -decks in residential areas with very little setback area available for construction. They concurred that it would be appropriate to review this specific issue with the Board, perhaps at a joint meeting, in order to find a better solution to a recurring problem. Jullie said he would make contact with the Board and report back to the Council. Regarding the type of request, Councilmembers enumerated several considerations including: the original purpose for the RI-9.5 zone to meet the needs of the community for starter housing by providing smaller lots; the size of the structures proposed with respect to adjacent structures; concern for setting a precedent in the small-lot neighborhoods which may have a negative impact overall; the desirability of people wanting to upgrade their homes; confusion created by varying criteria for granting variances in these situations; and, the possibility for controlling the problem at the initial stages of construction on a lot or during preliminary plat review to "design out" the problem of little or no expansion area on a lot. Enger stated that most residential lots within the RI-9.5 zone were designed with enough room for a modest-sized deck or no deck at all. Another problem encountered by Staff was that even though the building plans were in compliance with setback requirements when reviewed by Staff, the setbacks were not met during actual construction. He believed decks would continue to be a problem for the City in the future. • .City Council Minutes 7 November 17, 1992 Council directed Staff to prepare a study of decks addressing the concerns raised for review at a future meeting. MOTION: Jessen moved, seconded by Harris, to continue the Shavlik request to February 2, 1993, pending review of the deck issue with the Board of Appeals and City Staff. Motion carried unanimously. B. Request from the Chamber of Commerce Economic Growth Committee for City Support for Freeway Siwage for the Eden Prairie Market Center John Brand, President of the Chamber of Commerce explained the request from the Chamber's Economic Growth Committee for the City to participate in a jointly authored letter to the Minnesota Department of Transportation regarding provision of better freeway signage to the Eden Prairie Market Center area. MOTION: Jessen moved, seconded by Pidcock, to endorse the letter to the Minnesota Department of Transportation regarding better freeway signage to the Eden Prairie Market Center area. Motion carried unanimously. VIn.REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES • IX. APPOINTMENTS • A.Request for Student for Appointment to Parks. Recreation. and Natural Resources Commission Jullie explained that a student had requested appointment as a Student Representative to the Parks, Recreation, and Natural Resources Commission. Councilmembers asked that the student be asked to attend a Council meeting prior to appointment to the Commission. X. REPORTS OF OFFICERS A.Reports of Councilmembers 1. Cable Television Consumer Legislation Pidcock stated that there was a large amount of information involved in the recent cable television consumer act and suggested that the residents should be informed about the new law. 2. Recommendations for Appointment to Metropolitan Council District 13 Pidcock stated that an appointment would be made soon for the District 13 Metropolitan Council Seat, the district which included Eden Prairie. She noted that Dirk DeVries, the current member, was not seeking reappointment. Pidcock said that interviews were scheduled for November 19, City Council Minutes November 17, 199_ 1992 at the St. Louis Park City Hall and that Councilmembers should encourage any potential candidates from the City to be present. 8 3. Truth in Taxation Statements Harris expressed concern about the Truth in Taxation Statements recently received by all land owners in Eden Prairie. She stated that she believed the citizens should understand that the City's spending increased by only 1.2 %. Jullie said he would include an article explaining this in the next community newsletter. 4. City's Position on LeKislative Platforms of Member OrKanizations Jessen pointed out that the City had not followed through on review of the legislative platform review of the League of Minnesota Cities, the Municipal Legislative Commission, and the Association of Metropolitan Municipalities. He believed it was important to be more systematic about review and follow-through for these matters. Council members concurred. B.Report of City ManaKer 1. Status of City's Position reKardinK FIyin2 Cloud Airport Expansion Enger explained the background information sent to the Metropolitan Council regarding the City. position against the expansion of the Flying Cloud Airport. Council members agreed to contact members of the Metropolitan Council directly to explain the City'S opposition to the expansion. The Council scheduled a workshop meeting for December 10th at 7:30 p.m. at City Hall, to discuss the details of the City's position, to consider the possibility of hiring a consultant for the issue as was done for the landfIll, and to discuss the City's presentation to the Metropolitan Council on this matter. Council directed the City Attorney to investigate the legislative history involved with the issue and asked Staff to postpone a December 8th meeting scheduled with the Metropolitan Council until after the workshop. Staff was also directed to contact the Zero Expansion group and invite them to the workshop meeting. Scott Mace, 16150 Valley Road, a member of Zero Expansion, said that the group's attorney had advised them to move quickly on this issue and that a consultant would be an important component of any presentation to the Metropolitan Council. XI. OTHER BUSINESS xu. ADJOURNMENT MOTION TO ADOURN was made by Anderson, seconded by Pidcock. Mayor Tenpas adjourned ~ meeting at 11:25 p.m. .., • • • CITY OF EDEN PRAIRIE CLERK1S LICENSE APPLICATION LIST PLUMBING Hutton & Rowe, Inc. Boutin Plumbing & Heating McDonald Plumbing Systems December 8, 1992 GAS FITTER Boutin Plumbing & Heating HEATING & VENTILATING Boutin Plumbing & Heating These licenses have been approved by the department heads responsible for the licensed activity. () , J'''" . , ' ! (d ,,:lL-LU Pat Solie Licensing /) if I) : (\ Y':'; I • • • '1'0: FROIl: DATE: SUBJECT: IlEKORANDUX Mayor and City Council c8- Carl J. Jullie, City Manager December 2, 1992 Extension of Lease for 7600 Executive Drive/City Offices The City's lease with Equitable Life Assurance for the city Offices at 7600 Executive Drive expires February 28, 1993. With the move to 8100 Mitchell Road anticipated to be August 1993, it is readily apparent that the lease for the current City Offices should be renewed for six months. The City and Equitable have negotiated the terms of an extension over the past few months. The proposal made here for the Council's consideration would increase the City's net base rent by 12.5 percent. Under terms of the current lease document, Equi table could increase the gross rent by 25 percent. In preparing the 1993 Budget, we assumed a rent increase per the terms of the lease document and occupancy of 8100 Mitchell Road by July 1, 1993. It appears that total rental cots to remain at 7600 Executive Drive through August may end up somewhat less than $10,00 more than the amount shown in the 1993 proposed budget. Additional funds which may be necessary are available from the amounts set aside for acquisition of the new building. Recommendation: xt is recommended that the Council authorize the Mayor and City Manager to execute the lease extension for the City Offices at 7600 Executive Drive. CJJ: jdp November 10, 1992 Mr. Carl Jullie City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 WeishCo111panies RE: Agreement To Extend Lease Edenvale Executive Center Dear Mr. Jullie: Per our telephone conversation and our discussion with Stu Stender, we propose that the City of Eden Prairie extend its existing Lease for a period of six months per the enclosed Agreement To Extend Lease. • On behalf of the City and upon request by yourself, Stu Sten~er and Welsh Companies, Equitable has not asked the City to pay 125 % or twice the rental rate prior to termination of the City's existing Lease. Instead, Equitable has proposed a smaller increase of 112.5% in the base rent only which represents a $1,947.92 increase per month for this additional six month tenn. The Lease in Article XIX and XXI would require a minimum increase of $5,512.37 per month or 125% of the prior rental rate. • We hope this six month extension meets the City's needs and allows them to become situated in the new Eden Prairie City Hall. Equitable is marketing your leased premises at Edenvale Executive Center for availability as of September 1, 1993. We have, therefore, included a new holdover clause in Paragraph 4 of the enclosed Agreement. Additionally, we do not intend to prorate any rent for an early move out by the City. Again, I hope this Agreement meets the needs of the City, and I will call you to follow up and answer any questions you might have. Sincerely. ~ Larry Ht~uchon Property Manager LA\ll-lO.Hl Enclosure pc: E. Paul Dunn Stu Stender • 11200 WEST 78TH STREET, EDE'J PRAIRIE, !l.ll"ESOTA 55344 612 / 944-5810 FACSI.\1ILE 612 / 944-5930 PROPERTY MANAGEMENT BROKERAGE CONSTRUCTION DEVELOPMENT INVESTMENT SERVICES • AGREEMENT TO EXTEND LEASE This Indenture, entered into this ~ day of November, 1992, by and between The Equitable Life Assurance Society of the United States (hereinafter called "Landlord") and!dty of Eden Prairie. Minnesota (hereinafter called "Tenant"). WITNESSETH: WHEREAS, Landlord and Tenant entered into a certain lease agreement, dated Januar,y 23. 1987, and extended as of September 21. 1989 (hereinafter called the "Lease") under which Landlord demised to Tenant the premises commonly known as 7600-7612 Executive Drive. Eden Prairie. Minnesota; and WHEREAS, said Lease is scheduled to expire by lapse of time on the last day of February, 192.l; and WHEREAS, Landlord and Tenant desire to amend said Lease so as to extend the term • thereof; and • WHEREAS, it is intended by this Agreement to amend said Lease. NOW THEREFORE, in consideration of the premises, and of the covenants and agreements herein undertaken to be kept and performed, it is agteed as follows: 1. The term of the Lease is hereby extended for a period of six l..2.-) months commencing on the last day of the initial term of the Lease and expiring on the last day of August, 1993, unless the Lease shall sooner terminate as provided therein. 2. Beginning the 1st day of March, 19~, through and including the last day of August, 1993, Tenant shall pay to the Landlord, as Base Rent, over and above the other and additional payments to be made by Tenant for the Leased Premises, a net annual Base Rent of Two Hundred Ten Thousand Three Hundred Seventy-Five and 00/100 Dollars ($210,375.00) payable monthly in advance on the first day of each and every calendar month in installments of Seventeen Thousand Five Hundred Thirty-One and 25/100 Dollars ($17.531.25), all at the pl4ce and in the manner in the Lease provided. 3. It is agreed and acknowledged that certain Articles and Paragraphs, listed below, relating to Termination, Options to Expand, and Rights of First Refusal contained in the Lease are of no future effect with the execution of this Agreement. The items specifically excluded from the Lease with this Agreement are: Agreement to Extend Lease dated September 21, 1989 Paragraph 4 Paragraph 5 Lease dated January 23. 1987 in Addendum to Lease 30.14 Renewal 30.15 Rights of First Refusal 4. In the event of a holding over by Tenant after expiration or termination of this Lease without the consent in writing of Landlord, Tenant shall be deemed a tenant at sufferance and shall pay rent for such occupancy at the rate of 150% the last-current aggregate Base and Additional Rent, prorated for the entire holdover period, plus all attorney's fees and expenses incurred by Landlord in enforcing its rights hereunder, plus any other damages occasioned by such holding over. Except as otherwise agreed, any holding over with the written consent of Landlord shall constitute Tenant a month-to-month tenant. 5. Except as herein specifically amended, all other terms, covenants, and conditions of the Lease shall remain in full force and effect, and the same are hereby ratified and confmned. IN WITNESS WHEREOF, Landlord and Tenant have executed the within Agreement as of the day and year first above written. TENANT: City of Eden Prairie, Minnesota LANDLORD: The Equitable Life Assurance Society of the United States BY: BY: Carl Jullie ITS: City Manager ITS: BY: Douglas B. Tenpas ITS: Mayor LA\U-6.Hl ,) !;;,J<: C\'i~ ~ • • • • DEVELOPER'S AGREEMENT BORUCKI ADDmON THIS AGREEl\1ENT, made and entered into as of December 8, 1992, by James and Pauline Borucki, husband and wife, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSEm: WHEREAS, Developer has applied to City for preliminary plat of .62 acres into 2 lots for construction of a single family home, 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, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: • • 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on July 7, 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. LANDSCAPE BUFFER: Concurrent with building construction, developer agrees to implement said landscaping as depicted on Exhibit B. Said landscape buffer plantings shall be completed prior to occupancy permit issuance by the City. 4. SECURITY FOR LANDSCAPE BUFFER: Prior to building permit issuance, developer shall submit to the Director of Planning and receive the Director's approval of a cash escrow, bond, letter of credit, or cashiers check equal to 150% of the cost of said landscaping as a guarantee of the completion of said landscaping . fl,' .!0.1 7{ .; 'I ' .... 1" .. v j ",,1.,. .. 1 5. BUILDING CONSTRUCTION: Developer agrees that the building shall be constructed within the following setbacks in accordance with City Code. • a. frontyard setback 30 ft. b. sideyard (north) setback 25 ft. c. sideyard (south) setback 5 ft. d. rear yard setback 20 ft. 6. COMPLETION OF BUILDING CONSTRUCTION: Developer shall obtain an occupancy permit within one year of the date of building permit issuance. • • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as ef the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE "~~. es Borucki Douglas B. Tenpas, Mayor o ~~==~=-~~--=-------------Carl J. Jullie, City Manager 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 I¢''dayof (I./otlP/'>1bey and Pauline Borucki, husband and wife. , 19iJ, by James . e USA STAFFANSON '", HCTNf'f PUIUC-MlNNrSOTA , CARVER COUNTY • • My Comm. ExPwe. JUly II, ,., ~~~ No "PUbli(J • Exhibit "A" • Lot 5, Block 2, Carmel Addition • • • .. :~~: .:~ .'~.~': ,":.~ ". '.. ;.' -; <: ~~ :. ... " .-.' oo' . • .... . ' ... ,:.:.". ',><:~.,~ .. ~~ .... '::.~ .... : ,": .: . /:.~~.-' -: :.'. . :.:=:.": ... ," ." ' .. .". ' .. ~ '8 "TI "r ~ . -. ... .' .... . ' .~ .z-L---r--"-' .-----~~ ~\~I i ,I \ ....... ------- ... / .... ". -, I.r-- I~ . .::::. :~I ~',--""", , ll.',!2:! ~ / .' .~. ~": .~, ",'.. ~'.~~~~ .... ~"-~: -i ---.. , .' . ",:'" . : • • CITY OF EDEN PRAIRIE HENNEpmCOUNTY,~OTA ORDmANCE NO. 44-92-PUD-9-92 Suburban Chevrolet AN ORDmANCE OF THE CITY OF EDEN PRAIRIE, ~OTA, AMENDmG ORDmANCE NO. 31-91-PUD-I0-91, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAm PENALTY PROVISIONS THE CITY COUNCn. OF THE CITY OF EDEN PRAIRIE, ~OTA, ORDAmS: 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 Ordinance No. 31-91-PUD-1O-91 be amended by adding the following: "Section 2. That the plans dated November 13, 1992, reviewed and approved by the City Council on November 17, 1992, for the Suburban Chevrolet development, shall apply." "Further, said land shall be subject to the terms and conditions of that certain Developer's Agreement for the property, dated December 8, 1992, between the City of Eden Prairie and Metropolitan Corporation and that certain Supplement to Developer's Agreement between the City of Eden Prairie and Travelers Insurance dated December 8, 1992." Section 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. 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 November 17, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 8th day of December, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk .UBLISHED in the Eden Prairie News on _____________ _ • Exhibit A Legal Description Lot 1, Block 1, MENARD 3RD ADDmON, as platted and of record in the office of the County Recorder, Hennepin County, Minnesota. • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. SUBURBAN CHEVROLET A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 44-92-PUD-9-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 44-92-PUD-9-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of November, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 44-92-PUD-9-92, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than .on-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 44-92-PUD-9-92 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on December 8, 1992. ATTEST: Douglas B. Tenpas, Mayor John D. Frane, City Clerk • SUBURBAN CHEVROLET CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROV AL FOR SUBURBAN CHEVROLET FOR METROPOLITAN CORPORATION • WHEREAS, Metropolitan Corporation has applied for site plan approval of Suburban Chevrolet on 16.2 acres for construction of a 115,754 sq. ft. vehicle dealership on property located at Southeast comer of Valley View Road and Plaza Drive, to be amended within the C-Reg-Ser District by an Ordinance adopted by the City Council on November 17, 1992; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 26, 1992, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its November 17, 1992, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CIT. OF EDEN PRAIRIE, that site plan approval be granted to Metropolitan Corporation for Suburban Chevrolet for construction of a 115,754 sq. ft. vehicle dealership, based on revised plans dated November 13, 1992, subject to the terms and conditions of that certain Supplement to Developer's Agreement between Travelers Insurance, a corporation, and the City of Eden Prairie, dated December 8, 1992, for Suburban Chevrolet. ADOPTED by the City Council on December 8, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 44-92-PUD-9-92 SUBURBAN CHEVROLET AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amending the land located at the Southeast comer of Valley View Road and Plaza Drive, within the C-Reg-Ser District, subject to the tenns and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: • TrEST: lsI John D. Frane City Clerk This Ordinance shall take effect upon publication . IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ___________ ...... (A full copy of the text of this Ordinance is available from City Clerk.) • DEVELOPER'S AGREEMENT • SUBURBAN CHEVROLET THIS AGREEMENT, made and entered into as of December 8, 1992, by METROPOLITAN CORPORATION, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRA1RIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept, Planned Unit Development District Review with waivers, Zoning District Amendment within the C-Reg-Ser District, and Site Plan Review, all on 16.2 acres, for development of a 115,754 sq. ft. vehicle dealership to be known as Suburban Chevrolet, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, said 16.2 acres hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. #44-92-PUD-9-9. Developer covenants and agrees to construction upon, development, and maintenance of said Property a follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated December 8, 1992, reviewed and approved by the City Council on November 17, 1992, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. herein. 2. EXHffiIT 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. LAND ALTERATION PERMIT: Prior to issuance of any permit for construction on, or redevelopment of, the Property, Developer shall apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property, which will include various provisions regarding grading, erosion control, and construction on the Property. Developer agrees to abide by the conditions and requirements of said land alteration permit at all times. 4. IRRIGATION PLAN: Developer agrees to construct an irrigation system at the time of installation of the landscape and screening materials on the Property. Developer shall provide an irrigation plan for review and approval by the Director of Planning prior to building permit issuance. • • • • 5. LIGHTING PLAN: Developer has submitted, and City Council has approved, an exterior lighting plan for the Property, which is part of Exhibit B, attached hereto. Details regarding intensity of the lighting in various areas of the Property are depicted in Exhibit D, attached hereto and made a part hereof. Developer agrees to limit the intensity of lighting on the Property to that which is indicated on said Exhibit D. 6. EXTERIOR MATERIALS: Developer has submitted, and City Council has approved, samples of exterior materials to be implemented on the structures on the Property. A sample board of such materials is on file at the City Hall Offices as part of the official record for the development of the Property. 7. Developer acknowledges that any changes to the exterior materials must be reviewed and approved by the Director of Planning, or his designee, prior to implementation of any such change. Developer further acknowledges that any such change must be compatible with the existing exterior materials on file at the City for the Property. LANDSCAPING AND SCREENING PLANS: Developer has submitted a landscaping plan for the Property which shall be implemented by Developer concurrent with construction of the first vehicle dealership on the Property. Developer acknowledges that, in accordance with the PUD waiver for the on-site outdoor display and storage area, an enhanced landscaping and screening plan for the Property serves the purpose of screening views of the "on-site outdoor display and storage area," as depicted in Exhibit B, attached hereto. In accordance with City Code Chapter 11, Section 11.03, Subd. G., Developer acknowledges the requirement for providing City with a security equal to 150% of the cost of materials and implementation of the landscaping and screening plan as described above, prior to issuance of any building permit by City. Developer acknowledges that City will not release the security provided until the landscaping and screening plan has been inspected by the Director of Planning and any City ordered corrective measures are satisfactorily completed by Developer. 8. OPERATING REQUIREMENTS FOR DISPLAY AND STORAGE OF VEHICLES: Developer acknowledges that all vehicles shall be parked in the areas, and for the specific purposes, depicted in Exhibit B, attached hereto. No vehicles shall be displayed or located on any raised platform, on any roof, within any planting island, or on any berm, or on any landscaped portion of the Property, or upon any street right-of-way. The only exception shall be allowance for vehicles to be displayed at ground elevation on the berm with the monument sign in the center of the parking lot and the plaza areas adjacent to the building, as depicted in Exhibit B, attached hereto. 9. SIGNS: Developer has submitted, and City has approved, a plan for signs to be erected for the use on the Property. Developer acknowledges that signs are regulated by the provisions of City Code, Chapter 11, Section 11.70, as modified by approval actions of the City Council, including the following: A. The following signs are approved by City for the Property as depicted on Exhibit B: • 1) Four (4) pylon signs adjacent to Plaza Drive, each such sign to be no more than 23 ft. high, and totalling no more than 80 sq. ft. in area. 2) One (1) pylon sign adjacent to 1-494 (existing outlet center sign) no more than 58 ft. high, and totalling no more than 252 sq. ft. in area. 3) One (1) monument sign on the brick wall to be constructed on the berm in the parking lot, no more than seven (7) ft. high, and totalling no more than 320 sq. ft. in sign area. 4) Three (3) signs on each of the four (4) towers located above the roof, as depicted in Exhibit B, attached hereto, shall be no greater than 50 sq. ft. in area each. 5) Logo wall signs, all of which cumulatively total no more than 195 sq. ft. in area for all the Property. 6) Wall signs, other than logos and not located on the tower, all of which cumulatively total no more than 320 sq. ft. in area. B. No more than three flags may be located on the Property. Any flag other than a United States flag, the Minnesota flag, or any other such civic flag, shall be considered as a fr~ standing sign and shall be limited as prescribed to number, height, and size in accordan.., with City Code Section 11.70, Subd. 3, B., 2. No flag pole for the United States flag, the Minnesota flag, or other civic flag, shall exceed 65 ft. in height in accordance with City Code Section 11.03, Subd. 3.F. No flag shall be displayed from, nor attached to, any light pole on the Property. C. Window signs may be placed within the building, but such window signs may not exceed 10% of the window area, in accordance with City Code Section 11.70, Subd. 5.D, 1. D. No motion signs, portable signs, nor projecting signs shall be utilized on the Property, in accordance with City Code Section 11.70, Subd. 3. 0, P, and Q. E. Vehicles stored outside of the structure shall not be utilized for sign purposes, nor shall such vehicles have prices or written information displayed on the windows or any other part of such vehicle, except for four (4) square feet containing dealer information and information required to be displayed on vehicles by governmental agencies. Such vehicles shall not have flags, balloons, banners, pennants, ribbons, streamers, or whirling devices, or anything resembling the same, attached to them. F. No balloon, banner, pennant, ribbons, streamers, whirling devices, temporary sign, off- site sign, search light or anything resembling the same, shall be utilized on the Property, except in the case of grand openings. For the purpose of this Agreement, City rua Developer acknowledge that a "grand opening" shall be defined as seven (7) consecuti~ • • • G. business days. It is further aclmowledged that one grand opening shall be allowed for each franchise and that each franchise shall notify City at least seven (7) business days in advance of the beginning and ending dates of such grand opening. For each and every sign to be implemented on the Property, including all signs referred to in this Agreement, Developer, Owner of the Property, or the occupant of the Property, or the installer of a sign for the Property, shall file an application with the City to display any sign on the Property. Said application shall include a complete description of the sign in a sketch showing its size, location, manner of construction, and such other information as shall be necessary to inform the City of the kind, size, material construction and location of any such sign, all in accordance with the requirements of City Code Section 11.70. Subd. 5. A. Temporary window signs, including those signs displayed on vehicles as discussed in item E., above, shall not be required to comply with such application requirements. 10. PUD WAIVERS: City hereby grants the following waivers to City Code requirements within the Commercial Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 10-91: A. Waiver from maximum allowable on-site outdoor storage and display of 10% to allow for on-site outdoor storage and display of greater than 10% in the area as depicted in Exhibit B, attached hereto . B. Waiver from minimum setback to parking of 17.5 feet to allow a minimum setback to parking of 10ft. along Highway #5. C. Waiver from maximum height of pylon signs of 20 ft. to allow for maximum height of pylon signs of 23 ft. for the four (4) pylon signs along Plaza Drive and from 20 ft. to 58 ft. for the pylon sign located on 1-494 for the existing outlet center sign. D. Waiver from maximum allowable sign square footage of 80 sq. ft. to allow 252 sq. ft. for the sign located on 1-494 for the previous use of the Property. E. Waiver from maximum number of pylon signs per street frontage of one per street frontage to allow four (4) pylon signs along Plaza Drive street frontage. F. Waiver from minimum distance between pylon signs of 300 ft. along street frontage to allow for minimum distance of 25 ft. between pylon signs along Plaza Drive. G. Waiver from maximum number of four (4) freestanding signs per site to allow for six (6) freestanding signs (four pylon signs along Plaza Drive; monument sign on berm; existing outlet center sign located on 1-494) . 11. ENFORCEMENT OF CONDmONS: Developer acknowledges that the rights of City t. performance obligations by Developer contemplated in this agreement are special, unique, an of an extraordinary character. Developer further acknowledges that a violation of any of the terms or conditions of this Agreement, or any failure or refusal by Developer to perform any covenant, condition, or provision made herein, of this Agreement may cause immediate and irreparable harm to the City. Developer specifically acknowledges that City may seek to enforce the terms and conditions of this Agreement and City Code by temporary restraining order, temporary injunction, and injunction, as well as by all other remedies allowed to the City by law. Developer also acknowledges that 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 anyone or more remedies shall not constitute a waiver of any other remedy. 12. NOTICE TO DEVELOPER IN THE EVENT OF VIOLATION: In the event of any such violation, refusal or failure to perform of any such term, covenant, condition, or provision as discussed above in item #11., City shall deliver to Developer written notice of said violation and allow Developer no fewer than seven (1) days for such correction. This requirement shall not apply, however, where any such violation presents a significant risk to the health, safety, or welfare of any person or property. • • I'~ :', ,,-i 9,"j , c{~ __ , .,Xhibit A Legal Description Lot 1, Block 1, MENARD 3RD ADDmON, as platted and of record in the office of the County Recorder, Hennepin County, Minnesota . • • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed • of the day and year aforesaid. , METROPOLITAN CORPORATION " ?/Z----L"-/ _../-'" ,", .I ". if STATE OF l\flNNESOTA ) )ss. COUNTY OF HENNEPIN ) CITY OF EDEN PRAIRIE Douglas B. Tenpas, Mayor Carl J. J ullie, City Manager 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 l\flNNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this~~ay of 12 C UfO] 1!-0 'L, 19LJ,..hy U:V:tnM c!Jt?O.5$Mlu,--"QIe Pa~7Icl(jvY of Jbf<toep~/(V(!c /"C1.r , a Mmnesota C 1% n 0 Vi? 1\ -n {b---, on behalf of the corporation. J , !L 2< .J.!<f-h~2,' tf..t-- Notary Public 8....: ANNE K. HOESCHEN NOTARY PUBLIC • MINNEICJ1'A HENNEPIN COUNTY . My CommiIIIan ExpIres Dec. ZI. 1., • • OWNERS' SUPPLEMENT TO DEVEWPER'S AGREEMENT BETWEEN TRA VELERS INSURANCE AND THE CITY OF EDEN PRAIRIE SUBURBAN CHEVROLET TIllS AGREEMENT, made and entered into as of December 8, 1992, by and between Travelers Insurance, 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. 44-92-PUD-9-92, Amending the zoning of the Property owned by Owner within the C-Reg-Ser District described in that certain Developer's Agreement entered into as of December 8, 1992, by and between Travelers Insurance, a Minnesota Corporation, and City, Owner agrees with City as follows: • • 1. If Metropolitan Corporation, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose a zoning amendment back to a plan approved of the Property for Factory Outlet Center in the C-Reg-Serv Zoning 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 WITNFSS WHEREOF, the parties to this Agreement have caused these presents to be executed !II of the day and year aforesaid. OWNERS TRA VELER'S INSURANCE STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN ) CITY OF EDEN PRAIRIE Douglas B. Tenpas, Mayor Carl J. Jullie, City Manager 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. STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged before me this __ day of _______ , 19_, by • __________________ , the of _________________________ , a Minnesota , on behalf of the corporation. Notary Public • • • • BD27286.A(PF) BSAI Draft 11/18/92 CITY OF EDEN PRAIRIE, MINNESOTA Resolution No. Adopted: December __ , 1992 RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF FIRST SUPPLEMENTAL TRUST INDENTURE DATED AS OF DECEMBER 1, 1992, AMENDING AND SUPPLEMENTING THAT CERTAIN TRUST INDENTURE DATED AS OF FEBRUARY 1, 1990 IN RESPECT OF $14,905,000 CITY OF EDEN PRAIRIE, MINNESOTA, MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (PARK AT CITY WEST APARTMENT PROJECT) SERIES 1990 WHEREAS, the City of Eden Prairie, Minnesota (the "Issuer") has heretofore issued $14,905,000 in aggregate principal amount of its Multifamily Housing Revenue Refunding Bonds (Park at City West Apartment Project) Series 1990 (the "Bonds") under and pursuant to a Trust Indenture dated as of February 1, 1990 (the "Indenture") between the Issuer and Sumitomo Trust & Banking Co. (U.S.A.), as trustee (the "Trustee"); WHEREAS, the Issuer and the Trustee propose to enter into a First Supplemental Trust Indenture to be dated as of December 1, 1992 for the purpose of amending the Indenture to permit the Trustee to accept a confirming letter of credit to be issued by The Sumitomo Bank, Limited, Chicago Branch, for the benefit of the holders of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the City of Eden Prairie, Minnesota, as follows: 1. The form, content and provisions of the First Supplemental Trust Indenture presented to this meeting of the Mayor and the City Council and attached hereto as Exhibit A (the "First Supplemental Indenture") are hereby approved in all particulars. The Mayor and the City Manager of the Issuer are hereby authorized, empowered and directed to execute, acknowledge and deliver the First Supplemental Indenture in the name and on behalf of the Issuer, said First Supplemental Indenture to be in substantially the form now before this meeting of the Mayor and the City Council, with such changes therein as may be approved by the officers of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all such changes or revisions. 2. The officers of the Issuer are hereby authorized, empowered and directed, from and after the execution of the First Supplemental Indenture, to do all acts and things and execute all documents, including any consents to the amendment of the existing letter of credit in respect of the Bonds, as may be necessary or convenient to carry out and comply with the provisions of the First Supplemental Indenture, as executed and delivered. 3. The form, content and provisions of the Reoffering Circular presented to this meeting of the Mayor and the City Council and attached hereto as Exhibit B (the "Reoffering Circular") are hereby approved in all particulars. The Issuer hereby approves and consents to the use and distribution of the Reoffering Circular by Dougherty Dawkins Strand & Bigelow Incorporated, as Remarketing Agent, in the remarketing of the Bonds from and after the execution and delivery of the First Supplemental Indenture and the delivery of the confirming letter of credit referenced therein. The Mayor of the Issuer is hereby authorized, empowered and directed to execute the Reoffering Circular in the name and on behalf of the Issuer, said Reoffering Circular to be in substantially the form now before this meeting of the Mayor and the City Council, with such changes therein as may be approved by the Mayor, his execution thereof to constitute conclusive evidence of his approval of any and all such changes or revisions. 4. The officers of the Issuer are hereby authorized, empowered and directed to do any and all such acts and things and to execute, acknowledge and deliver and to file or record (if applicable) in any appropriate public offices, all such documents, instruments and certifications, in addition to those acts, things, documents, instruments and certifications hereinafter authorized and approved, as may, in their discretion, be necessary or desirable to implement or comply with the intent of this Resolution or any of the documents herein authorized and approved. 5. This resolution shall take effect immediately from and after its adoption. Ayes: Nays: Approved and adopted this ___ day of December, 1992. Mayor [ SEAL] Attest: ____________________________ ___ City Manager • • • EXHIBIT B -FORM OF REOFFERING CIRCULAR • EXHIBIT A -FORM OF FIRST SUPPLEMENTAL TRUST INDENTURE • • TO: THROUGH: FROM: DATE: SUBJECT: REQUEST MEMORANDUM Mayor and City Council Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Parks, Recreation and Natural Resources Dave Black, Community Center Operations Supervisor November 10, 1992 Request Summer Ice Time Rate for 1993 Team Minnesota Hockey has made a request to host two weeks of practice and games at the Eden Prairie Community Center summer of 1993. BACKGROUND Currently, ice time is discounted only for non-prime time hours during the school year on school days from 6:00 a.m. -2:00 p.m. Currently, there is no discount for ice rentals that occur during the summer months, which are considered light-use time. Potential users will usually go where they can get the cheapest rates. ANALYSIS To determine summer rates, the first area of concern is to cover operating costs with revenues from activities during these months. Based on projections for 1993, the ice area revenues will barely cover the expenses generated by being open for business. The problem that arises is that potential users will not come to Eden Prairie because the ice time rental rates are too high, compared to the area market for summer ice time. To make a profit, a discounted summer ice time rate is necessary. If a discount rate is applied, it must be done in a fair manner to all user groups without sacrificing profitability. In order to properly install a summer rate schedule, the discount should be rated toward volume of ice time purchased. The attached analysis shows three ways in which having summer discount rates will increase volume business and thus put us in a position in the market to obtain additional business. RATIONALE Other communities in the area offer various discounts and definitions of what is considered now prime time. It is not uncommon for golf courses to have seasonal rates for low-use times. A survey of west metro ice arenas, which offer summer ice rentals, yields that some rinks are offering discounts for non- prime hours and reduced rates. COMMUNITY Richfield Burnsville Braemer Minnetonka RATE $92.50 hr $72.00 hr $85.00 hr $69.00 hr $96.00 hr $85.00 hr St. Louis Park $82.50 hr $67.50 hr Bloomington $105.00 hr RECOMMENDATION RATE CONDITIONS Before 5 p.m. weekdays after 10 p.m. daily After 6 p.m. Saturdays, all day Sundays and after 11 p.m. daily No discounts No discounts Before 4:30 p.m. weekdays Considering lower rates for Summer 1993 for all hours. Staff recommends that summer ice time rental rates be adopted effective 1993 for all rentals which occur May 15 -September 15, based on the following scale for a one-year trial period. (ATTACHMENT: Discount Option #2) ACTUAL HOURS RENTED DISCOUNT COST 1 hour -20 hours $5.00/hr $100.00/hr 21 hours -50 hours $10.00/hr $95.00/hr 51 hours -99 hours $15.00/hr $90.00/hr 100 hours and more $20.00/hr $85.00/hr In addition, staff requests that we accept the proposal from Team Minnesota, and provide ice time at the proposed 1993 summer ice rental rate. CC: Laurie Helling, Manager of Recreation Services Attachments: Estimated Operating Costs -Summer Analysis of Summer Ice Time Possible Discount Rates Projected 1993 Summer Ice Revenue Team Minnesota Hockey Reguest • • ESTIMATED OPERATING COSTS FOR ICE ARENA DURING SUMMER MONTHS Based on One Arena Only Annual ice arena costs $203,380 44 weeks of operation $4,625 per week Summer operation (201. more) $5,550 per week Summer operation (10 weeks) $55,500 Operate second arena simultaneously ($400 per day X 14 days) $5,600 Operate for entire summer based on one arena open 10 weeks and second arena open for 2 of those weeks $61.100 ,") " ," , . ( , .-'\ '-I Q: ANALYSIS OF SUMMER ICE TIME To break even, $55,500 ice time revenue operating costs for one arena (10 weeks). is needed Projected Revenue 1993 With Current Rates (No Discount) Lessons and open programs EPFSC Summer league Mens league Russo clinic E.P. clinic Chaska clinic Shakopee clinic TOTAL $ 8,650.00 12,600.00 15,120.00 4,750.00 3,150.00 4,725.00 2,362.50 2.362.50 $55,585.00 to Cover This yields a profit of $385. Yet outside groups are not willing to come to EPCC to become more profitable. The chart of the following page yields three scenarios as to how the profit margin can be increased by discounting rates to obtain more volume business. Discount #2 offers the greatest growth potential for hockey schools to come to EPCC and use ice time hours during the day when the facility is available without sacrificing profitability. • • • ANALYSIS OF DISCOUNT RATES HOURS RENTED 1 50 hours 51 100 hours 101 150 hours 151 200 hours More than 200 hours Advantages DISCOUNT OPTION #1 DISCOUNT $5.00/hr $10.00/hr $15.00/hr $20.00/hr $25.00/hr ACTUAL COST $100.00/hr $95.00/hr $90.00/hr $85.00/hr $80.00/hr Every ice hour sold gets a discount. It encourages individual ice renters to come back as repeat business. Large user groups have incentive to buy more ice time and program will be affordable to users. Disadvantages May not be enough incentive for hockey schools to come to EPee, whereas most two-week schools rent 4.50/hrs a day for a total of 45 hours. HOURS RENTED 1 21 20 hours 50 hours 51 99 hours 100 hours and more Advantages DISCOUNT OPTION #2 DISCOUNT $5.00/hr $10.00/hr $15.00/hr $20.00/hr ACTUAL COST $100.00/hr $95.00/hr $90.00/hr $85.00/hr Same advantages as #1, except if offers more incentive week schools, whereas they receive $10 off each hour. very attractive to more than 100 hour users. for two- Offer is Disadvantages Slightly less overall revenue based on current projected use. Better possibility to gain another hockey school, whereas #1 isn't as attractive to hockey schools. HOURS RENTED 1 -40 hours 41 -99 hours 100 hours and more Advantages DISCOUNT OPTION 33 DISCOUNT No discount $15.00/hr $20.00/hr ACTUAL COST $105.00/hr $90.00/hr $85.00/hr Offers attractive incentives for hockey schools, which are two weeks long, and to user groups requiring more than 100 hours. Disadvantages No incentive for small user groups to come back or small one-week hockey schools. • • O~en programs EPFSC Mse league Mens league Mis. rentals Russo cl inic Eklund clinic Chasf..a clinic Sha~.Q02e c Lnic ,~:. j',!r .. fil\" __ .1 .n _ I III Mr; txist TOTAL REVENUE LESS E1.PENSES PROFIT PROJECTED 1993 SUNNER ICE REVENUE CURRENT RATES DISCOUNT It # HOURS REVENUE # HOURS REVENUE 0.00 $4,650.00 0.00 54,650.00 0.00 $4,000.00 0.00 H,000.00 120. (H) $1,260.00 151.CO 512,;]35.00 144.00 $1,~'12.0!} 151.00 $l2.83~,.(I(I 45.00 $4,725.00 45.00 H,~(J(I.OO 18.00 $11390.00 18.00 $1,8CO.00 30.00 $3,1~'O.OO 30.0(1 $3,000.00 45.(:0 $4:.725.00 45.(H) $4,500.00 22.:10 '$2,362.50 22.50 "$2,250.00 22.~O $2,362. ~I(J 22.50 $2~25(J.O!) --------------------- ·~5~1,:i8~,I(:O "$52,620 I 00 0.00 101.50 $8 J 120.00 $9,120700 0.00 101.50 $3B5.00 $68,860.00 {i61,100.00} '1"/<-' ~; .... ,. '.7 J iiISCCt!NT # 2 # HOURS REVE~UE 0.00 $4,650.00 0.00 150.00 1~,0.O(l 45.00 18.00 30.00 45.00 22.50 22.50 $4~OOO.OO 512.750.00 $12,7~(I,OO '$4 ~ ~:;eo. 00 $1,3(:0.00 $2,350.00 $4,050.00 $2,2Sl),OO "$2 ~ 25~). 00 -------- $51,~O(l.(JO $8,627. ~IC: $8,627. :,(1 iliS:O!JNT ;3 # HOURS REVENUE O.CO i4,65~.OO 0.00 $4,OOO.CO 150.(;0 $12,750.00 150. ')0 $12, 7~,O.OO 4~,.(!O $4,O~f).OO 18.00 $1,890.00 30.!)O $3,150.00 45.00 $4;050.00 "" r(, $2~ 362. ~.O !.l. ......... 22.50 $2,362.:i O ----------- $52,;)15.00 $8,627.50 J;69,87:).O:) ( october 29, 1992 Mr. Dave Black TEAM MINNESOTA HOCKEY INC. 8347 NICOLLET AVE. SO. BWOMINGTON. MINNESOTA; 55420 PHONE: ( 612) 881-5592 • FAX (612) 884-5305 Conm:uni ty center Operations r1anager Eden Prairie community Center 16700 Valley View Road Eden Prairie, MN. 55346-3677 Dear Dave, I have just received your letter of 27 October, regarding our request for ice time for July and August of 1993. As per our phone discussion on Tuesday, October 27, I mentioned that the $100.00 per hour ice time is not acceptable seeing that we are paying only $65.00 per hour at Burnsville for their entire facility and a r~duced rate also at Edina. ~ Dave, as I mentioned in my original letter dated 6 September, we at Team Minnesota Hockey, Inc., would like to host our tournament at your location. But according to your letter, your hourly rate will be at $100.00 per hour. Our budget can not afford that price. I would like to resubmit our offer to have Team Minnesota Hockey, Inc. to use your facility at an hourly ice rental rate of $85.00 per hour and of course, you having the concessions. If you need to get further information on how much revenue the concessions raise, talk with Larry Thayer, manager of the Braemar Arena in Edina. He was absolutely amazed on the revenue generated from the concession sales during the tournament of last year and also this year. If you cannot make this decision, please put me on the agenda for the next Eden Prairie Park and Recreation Commission meeting and then on the Eden Prairie city Council meeting, so they can make this decision. I do not know if you have hockey schools participating at your arena during the times that we are requesting ice, but I do not think that the ice time that we are requesting would be used by any hockey schools during that time. We are GUARANTEEING you that all of the ice from 8:00 AM to 10:00 PM da~IY.from Saturday, July 31 to Wednesday, August 4 would be used. Th1S 1S 14 hours per day on EACH sheet of ice. e This comes up to a total of 28 hours per day for 5 days or an overall ~ total of 140 hours. ~ "AAA" NON-PROFIT CORPORATION DEDICATED TO YOUTH HOCKEY ~.' {/ l • :l, '-f '-Ji.fJ • • Should this ice be made available to us at a cost of $85.00 per hour, the city of Eden Prairie would be able to raise $11,900.00. You would think that the taxpayers of Eden Prairie would like to be able to sell the hours that we need rather than leave the facility vacant. Dave, also consider while we would be using the arena that your concession stand will be open and that also would generate additional funds for you. Please take a look at our new proposal and get back to me as soon as possible. Just think of the number of people from around the state and also from around the country that would be able to see your new complex. Hosting the 3rd Annual Team Minnesota "AM" Summer Hockey Festival at the Eden Prairie Community Center, certainly would show a large number of people how nice a complex you have in Eden Prairie. What a great promotional event this could be for your community. I also need to know if you have looked at our request for practice ice time during the dates of July 23 thru July 29. We are looking for five or six 1 1/2 hour blocks starting around 5 :"00 PM daily. For example, if we could start at 5:00 PM to 6:30 PM, 6:45 PM to 8:15 PM and 8:30 PM to 10:00 PM on each rink. These times would be great if you could work this out. ( Please get back to me as soon as possible on this entire matter. you for your help and cooperation in this matter. Thank ( General Manager .Team Minnesota Hockey, Inc. cc: Bob Lambert Laurie Helling Jack Norqual John Wilson Ed Cole Dennis Maruk ( l TEAM MINNESOTA HOCKEY INC. 8347 NICOLLET AVE. SO. BLOOMINGTON, MINNESOTA; 55420 PHONE: ( 612) 881-5592 • FAX (612) 884-5305 September 6, 1992 Mr. Dave Black' Community Center Manager Eden Prairie Community Center 16700 Valley View Road Eden Prairie, MN. 55346 Dear Dave, This is an official request from our non profit organization, Team Minnesota Hockey, Inc., for ice time for our 1993 Team Minnesota "MA" Summer Hockey Festival that will be held the week of July 31 and end August 7, 1993. This past year we had participating in our Festival 50 teams. We expect committments to next years Festival of approximately 70 to 80 teams. We would like to use your facility for the following dates and times: Saturday, July 31 Sunday, August 1 Monday, August 2 Tuesday, August 3 Wednesday, August 4 Thursday, August 5 Rink A Rink B Rink A Rink B Rink A Rink B Rink A Rink B Rink A Rink B Rink A Rink B 8:00 AM to 10:00 PM 8:15 AM to 10:15 PM 8:00 AM to 10:00 PM 8:15 AM to 10:15 PM 8:00 AM to 10:00 PM 8:15 AM to 10:15 PM 8:00 AM to 10:00 PM 8:15 AM to 10:15 PM 8:00 AM to 10:00 PM 8:15 AM to 10:15 PM 8:00 AM to 10:00 PM 8:15 AM to 10:15 PM We are looking for 14 hours of ice on each rink per day which will total 168 hours of ice. We very much want to use your facility but our budget would like to recommend that the "AAA" NON-PROFIT CORPORATION DEDICATED TO YOUTH HOCKEY ;") If /,,"7 ",\ Lf '..!'L • • • • • hourly ice rate would be $75.00 per hour or a total of $12,600.00. We would also like you to consider us having the use of the concession stands during the tournament dates. Please consider the above requests and get back to me as soon as possible so that we can do our planning. If you have any questions, please feel free to give me a call. Also if you would like to know about our program, you can call Torn Seesz at the Burnsville Arena or Larry Thayer at the Braemar Ice Arena. We have used both facilities this past year for our Festival. Dave, we would also consider using your facility for our practice times which would start Friday, July 23. We would need practice ice time of 1 1/2 hours per day, every day through July 30, for 12 teams. That also comes to a good piece of ice time .. Thanks in advance for your cooperation and I hope to hear from you soon. Sincerely, Hockey, Inc . ,. ( ( UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 11 MOTION: Lynch moved that the Parks Commission recommend that staff prepare a survey to the property owners of Hidden Pond #1 and Hidden Pond #2 which designates the homeowners preference for or against the trails and that the survey clearly distinguish between those people who are located in Outlot A as well as Outlot B so that the results would be definitive enough for the Commission to make a decision based upon the results of that survey. Hilgeman seconded the motion. Discussion included a question by Kracum asking if clarification was needed since 60% of the trail users were nonresidents. Lambert answered no, that the trails 'would be used by anyone whether or not there was a gate put up for residents only and whether or not the trails were publicly or privately owned. The motion passed 7-0. • Richard, again thanked the attending residents and homeowners, pointing out that the Commission is appointed • by the city Council, that the Commission makes recommendations to the city Council who then act for, or against their recommendations. He said that it sounded like their recommendation was going to be made to the city Council sometime in January/February, after survey results were in, and that residents would be notified of the meeting and at that meeting the Commission's recommendations to the Council would be discussed. He invi ted all to come and be involved, saying that he, himself, was surprised by the number of people who have this trail in back of their homes, yet wanted to keep the trail in place. B. Request from Team r.1innesota Hockey« Inc. for Reduced Hourly Ice Time Rate for "Summer Hockey Festival" Refer to memo dated November 10, 1992, from Bob Lambert, Director of Parks, Recreation and Natural Resources, and two letters dated September 6, 1992, and October 29, 1992, from John Wedemeyer, General Manager of Team Minnesota Hockey, Inc. ~470 • • • • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 12 Dave Black, Eden Prairie Community Center operations Manager, introduced John Wedemeyer and Ed Williams of Team Minnesota Hockey, Inc. and invited Wedemeyer to the podium. John Wedemeyer stated that Team Minnesota Hockey, Inc. wants to use the Eden Prairie Community Center in the summer of 1993 to host two weeks of practice and games. He said that in 1991-92, the games took place in Burnsville and Edina; in 1993, he expected 70-80 teams to participate. He said that the organization was a nonprofit organization, with limited revenue, and thus required a discounted rate for ice time. Dave Black, Eden Prairie Community Center operations Manager, stated the staff proposal. He said that the main question was, "What should summer ice cost?" He said that at best at present, they were only breaking even at meeting operating costs • with the proposal of Team Minnesota Hockey, Inc., the buying of 150-200 ice hours would turn a break even si tuation into one of a prof it of $7,000.00 or more. Also, he pointed out that with a discounted summer ice policy and by hosting someone like Team Minnesota Hockey, Inc., this could be used as a selling point to others. Lambert said that the main issue was that the city of Eden Prairie hadn't discounted prices before for summer ice. He said that he had asked Black to do a survey comparing costs with other local arenas. He called attention to the last page of Black's analysis projecting 1993 summer ice revenue and said that it was important to both to be able to cover costs and be competitive with other arenas. Lambert asked for a policy, especially for the Eden Prairie resident's sake. At present, 90% of ice time is usually from Eden Prairie residents. MOTION: Richard made a motion to go with the staff recommendation and discount schedules of the November 10, 1992 memo, adopting option #2 for a one-year trial period, with the condition that Commission get an update and that Dave Wedemeyer give a brief synopsis after the 1993 "Summer Hockey Festival"; Wedemeyer agreed. Kube- Harderwijk seconded the motion and it passed 7-0 . ~41J "," • MEMORANDUM TO: Bob Lambert, Director of Parks, Recreation & Natural Resources THROUGH: Laurie Helling, Manager of Recreation Services FROM: Elyce Kastigar, Recreation Supervisor for Aquatics and Fitness DATE: November 4, 1992 SUBJECT: Response to the letter from Katherine Smith Staff would like to address a few issues raised in the attached letter from Katherine Smith dated October 16. POOL TEMPERATURE READINGS Below is a comparison of Katherine Smith's readings with those performed at 5:30 a.m. by the EPee maintenance staff. EPee K. SMITH Sept. 9 83 84 10 83 85 11 83 85 14 83 83 17 83 82 18 83 83 21 83 84 22 83 84 23 83 84 24 83 84 28 83 84 29 83 84 Oct. 1 83 83 2 82 83 5 82 82 6 82 82 8 83 84 9 83 84 12 85 85 13 82 83 15 82 83 16 82 82 On October 12, the temperature was higher because of boiler problems due to construction. / .. THERAPEUTIC POOLS Katherine Smith states that a therapeutic pool temperature starts at 85 F. Therapeutic pools such as Waise Therapeutic Pool, Abbott Northwestern Hospital and Courage Center, Golden Valley start their temperatures at 92 F. SWIM LESSON PROGRAM Our swim lesson program does not require a very warm pool, but a tolerable temperature. The swim lesson program, as with all our aquatic programs, places safety as the first priority. Individuals enrolled in the preschool classes do sit on the pool side due to the fact that these children usually are unable to safely touch the bottom of the pool. Our instructors teach in an effective manner to minimize the amount. of time each child is out of the water. Inactivity is not only an issue at 82 F but at 85 F as well. COMPETITIVE SWIMMERS Staff agrees that if we were to poll the High School, Masters and Foxjets swim teams, their pool temperature preference would range from 79 to 80 F. Although these groups are users of the facility, they are in addition to the many other pool users listed below: RECOMMENDATION Open Swim Swim Lesson Program Aqua Aerobics E Z Does It Aqua Aerobics (seniors) Lap Swimmers (competitive/non-competitive) Water Safety Classes (LGT, EWS, BWS) Diving Class Parent/Child Open Swim Staffs understanding of the pool temperature policy is that the temperature is set at 83 F during the summer and 82 F during the remaining months of the year. Maintenance has stated that the temperature has been set at 83 F for the past 10 years. While this has been the case in the past, there isn't a written pool temperature policy. Complaints from pool users occur when the temperature fluctuates from 84 to 85 F. Currently, the pool temperature seems to be an issue with Katherine Smith. Although Katherine Smith is a patron of the Community Center, she is a resident of Chaska and not an Eden Prairie tax payer. ,/ • • • • ... Staff recommends that the City establish a written pool temperature policy. Based upon my experience, I recommend the pool temperature be set at a constant 83 F to best serve the needs of all pool users. CLOSING COMMENT Please direct staff if there is a specific course of action that you would like staff to take in regard to this letter. ATTACHJ1ENT: Letter from Katherine Smith Dated October 16, 1992 CC: Laurie Helling Dave Black Jeff Elwell ll'ln '/ £'\y rlr ,/ ( l October 16, 1992 Ms. Elyce Kastigar Eden Prairie Community Center 16700 Valley View Rd Eden Prairie, MN 55344 DcaI' Ms. Kastigar, Thank you for your response dated October 2nd regarding the water temperature at the Eden Prairie Community Center pool. Enclosed you will find the pool tempera tu res I recorded \.,. i th a laboratory calibrated thermometer. Temperatures were all taken beb,een 7 and 8 A~[. Because my thermometer was calibrated against a highly accurate probe, I am confident that these readings are accurate. As you can see, of the 22 days that I measured the temperature, the pool onl~' met your policy of 82 F for four days. other days the temperature ",as above the policy temperature. All While I realize that the pool maintenance staff measures the temperature regularly, I suggest that those measurements are subject to error. For safety reasons, pool thermometers are typically encapsulated in plastic which slows the response time of the thermometer. It takes almost 30 minutes for the thermometer to stabilize after being placed in the pool. With other responsibilities, it is reasonable to assume that your staff removes the thermometer in.3 to 5 minutes, before it stabilizes. Since the thermometer is coming from a lower room temperature, the readings taken by your staff will be consistently low. In addition, pool thermometers are typically low accllracy devices. Your thermometers may simply be inaccurate. • Regarding the often heard complaint that the pool cannot be mailltained at a constant temperature, I bring your attention to the fact that the temperature was held constant at 84 F for 8 days. If there is some difficulty Kith maintaining a constant temperature due to equipment, I suggest that some of the funds currently being used to lay brick in front of the center be diverted to improving the system. To think that tax dollars are being spent to hand lay large areas of brick ",hen there is defective equipment inside the facility it fiscally irresponsible. It is £lIsa worth noLing that the brick will be difficult to shovel and has the potential for creating a safety h a z a rd. The he a v y 1I sea f sal t t a ass u rea sa fee n t l' a n c e Id 11 be expensive and will rapidly degrade the brick. • • • • ' .. Regarding ~"our statement that the policy is being reevaluated, I would like to remind you that this is a multi-use pool, not a therapeutic pool. As you know, a competitive pool should be i8 to 80 F and a therapeutic pool temperalure slarts at 85 F. On the fel., days that the temperature has been 82 F, I have informally asked how the seniors like the pool temperature. Host responded favorably. You have al so po i nled ou t tha t chi Idrens Sl" imm ing lessons are ana tiler reason for a ,"ery I"arm pool. I have successfully taught. swimming in 75 F water. If the lessons are properly organized with adequate activity, 82 F is sufficiently warm. However, if the children are allowed to stand wet on the side or hang in the ~ater, they will complain of cold water unless it is 98.6 F. One must question ho~ a child learns to slvim hanging on the side of the pool. I suggest you review the effectivity of the teaching methods used at the pool. The high school sw im teams, mas lers sl.-im g roup and the Foxje ts are also your customers. I am sure that polling their preferences for water temperature would validate my expectation that the majority of these groups would prefer a pool around 80 F. Therefore, I submit that the pool temperature of the center's written policy and that an 82 compromise temperature for a multi-use pool. director, you adhere to your policy, not your " 1 "d ( is conslstent y outsl e F temperature is a good I ask that as aquatic personal preference. If you feel it necessary to modify your policy, it is your responsibility as a public servant to publicly poll your customers and respond to the community needs at large. Ho~ever, since most people do not have a means to measure the ~ater temperature, a poll is necessarily based on a preference for cooler, the same or warmer water. Hany will respond to the question as the same or warmer, fearing 78 F or cooler water. For that reason, the public must first have the opportunity to experience the pool at the policy temperature for at least two months. I will continue to monitor the pool temperature and provide you with my measurements. I look forward to a pool that is in compliance with your policy. sL;rc1n Katherine L. Smith cc. Laurie Helling, Bob Lambert, Tad Hauck, Kale Lundsten - 2 - / , _~.~ •• t : ., ." (. • EDEN PRAIRIE POOL TEMPERATURE DEGREES FAHRENHEIT SEPTDlBER 9 \vEDNESDAY 84 SEPTENBER 10 THURSDAY 85 SEPTDJBER 11 FRIDAY 85 SEPTDJBER 14 MONDAY .83 SEPTDIBER 17 THURSDAY 82 SEPTDlBER 18 FRIDAY 83 SEPTEMBER 21 MONDAY 84 SEPTE~lI3ER 22 TUESDAY 84 SEPTE~lBER 23 WEDNESDAY 8·1 SEPTDlBER 24 THURSDAY 84 SEPTDIBER 28 HONDAY 84 SEPTENBER 29 TUESDAY 84 OCTOBER 1 THURSDAY 83 OCTOBER 2 FRIDAY 83 OCTOBER 5 HONDAY 82 OCTOBER 6 TUESDAY 82 OCTOBER 8 THURSDAY 8·! OCTOBER 9 FRIDAY 84 OCTOBER 12 MONDAY 85 ( OCTOBER 13 TUESDAY 83 • OCTOBER 15 THURSDAY 83 OCTOBER 16 FRIDAY 82 - 3 -• " • • • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 D. 22 Refer to Ending Reports. Information only articles. 4. Policy on Pool Water Temperature Refer to memo dated November 4, 1992 from Elyce Kastigar, Recreation Supervisor for Aquatics and Fitness and attached letter dated October 16, 1992 from Katherine smith Lambert reported that in order to change water temperature in the pool 2-3 degrees takes 2-3 days. Kube-Harderwijk stated that lap swimmers wanted the water colder for their use. MOTION: Hilgeman motioned that the Commission adopt the city staff recommendation to keep the water temperature in the pool at 83 degrees year round. Hube-Harderwi jk seconded and the motion passed 7-0. Reports of Community Center Manager 1. Report on status of Community Center Addition Project Information only item. 2. Recommendation for Change ln Skating Lesson Program National Affiliation Refer to memos dated October 26, 1992, and November 10, 1992 from Dave Black, Community Center operations Supervisor. Dave Black, Community Center Operations Supervisor, said that he recommended changing affiliations from USFSA (United states Figure Skating Association) to ISlA (Ice Skating Institute of America). He said that the ISlA would better meet the needs of the Eden Prairie community because they offered a skill progression program geared toward recreation. Also, he said that their program divided group by age rather than skill so participants were more comfortable. He felt that the needs of competitive • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF RJH ADDITION WHEREAS, the plat of RJH 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 RJH Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 1, 1992. B. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. 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 December 8, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk MEMORANDUM TO: Mayor Tenpas and City Council members THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician\. \. ~ (1(\ DATE: December 1, 1992' ~ --, -~' "- SUBJECT: Final Plat Approval for RJH Addition .~ -. ... -. ~ . . PROPOSAL: The developers, Semter Holdings have requested City Council approval of RJH _, _. ,~ddition to permit the c<?nstru~tion ofa· Walgreens Store ... ~cated at,the southwest comer of Terrey Pine Road and County Road 4, the .plat contains 1.58 acres consisting of one lot and right-of-way dedication for street purposes. HISTORY: The preliminary plat was approved by the City Council July 10, 1992, per Resolution No. 92-172. Second Reading of Ordinance No. 31-92, Zoning District Change from RM6.5 and Community Commercial to Neighborhood Commercial, was finally approved at the City Council meeting held August 18, 1992. • The Developer's Agreement referred to within this report was executed August 18, 1992. • VARIANCES: Final Order No. 92-23 granted variances for impervious and limited parking, all other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and walkways are currently in place and available to serve this project. The proposal requires a vacation of underlying drainage and utility easements. The City Council has approved the vacation of the drainage and utility easements and these documents will be filed after the RJH Addition plat has been filed. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding shall conform to City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of RJH Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of Engineering Fee in the of $250. JJ:ssa cc: Richard Hauser Bolten and Menk, Inc. • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF CASCADE TOWNHOUSES WHEREAS, the plat of Cascade Townhouses 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 Cascade Townhouses is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 3, 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 December 8, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk MEMOR.ANDUM TO: Mayor Teripas arid City Council members THROUGH: Alan D. Gray, City Engineer FROM: . Jeffrey J~hrison.Engineering Technician(fs' DATE: December 3, 1992 ---.-.. ...... . SUBJECT: . Cascade Townhouses PROPOSAL: The developers, Sunset Homes, is requesting City Council approval of the final plat of Cascade Townhouses. Located at the southeast comer of Dell Road and Cascade Drive, the plat contains 6.35 acres to be divided into five lots for the construction of 18 townhome units. HISTORY: The preliminary plat was approved by City Council September 1, 1992, per Resolution No. 92-190. Second Reading of Ordinance No. 30-92-PUD-7-92 was finally read and approved by City Council October 6, 1992. The Developer's Agreement referred to within this report was executed October 6, 1992. VARIANCES: Variances beyond the planned 'unit development waivers must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and roadways necessary to serve this project are currently in place and available for connection. With the exception of two additional fire hydrants, all utilities on site will be privately owned and maintained through a homeowners association. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat Cascade Townhouses subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee in the amount of $250 2. Receipt of street light fee in the amount of $1,188 JJ:ssa cc: Paul Donnay, Sunset Homes • • • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVIN6 FINAL PLAT OF BORUCKI ADDITION WHEREAS, the plat of Borucki 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 Borucki Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 2, 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 December 8, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk MEMORANDUM TO: Mayor Tenpas and City Council members .~ --~ ,""-,._ .•.. ''f, ...... THROUGH: Alan D. Gray, City Engineer - FROM: Jeffrey Johnson:·· Engineering Te.chnician DATE: December 2, 1992 SUBJECT: Final Plat Approval of Borucki Addition PROPOSAL: The owners, James and Pauline Borucki have requested City Council approval of the final' plat of Borucki Addition. Located north of Rowland Road and east of Fallbrook drive, the plat contains .62 ... acres to 'be divided into two single family lotS.· LOt 2is·the site of the existing Borucki homestead and . ..Lot 1 is a newly created lot for a future building site. mSTORY: The preliminary plat was approved by the City Council July 7, 1992 per Resolution No. 92-150. The Developer's Agreement referred to within this report is scheduled for execution December 8, 1992. Zoning to RI-13.5 was completed in 1984 with the original Carmel PUD. VARIANCES: All variance requests must be processed through the Board of Appeals. • UTILITIES AND STREETS: The upgrading of Rowland Road is currently underway through a City. improvement contract and is substantially complete. With the Rowland Road improvements, sanitary sewer· was extended to provide service to the proposed Lot 1, and site distance along this section of Rowland Road have also been improved, which were co~cerns expressed with the earlier Borucki proposal. Prior to release of the final plat, owners should enter into a special assessment agreement with the City for the owner's share of construction costs for the upgrading of Rowland Road and extension of sanitary sewer to serve new lot. The plat should be revised to include a drainage and utility easement over the existing sewer and water service across proposed Lot 1 which serves the Borucki homestead. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding shall conform to City Code and the requirements of the Developer's Agreement. RECOMMENDATION: Recommend approval of the Borucki Addition subject to the requirements of this JJ:ssa report, the Developer's Agreement and the following: 1. 2. 3. Receipt of engineering fee of $250 Revision of plat to include drainage and utility easements over existing sanitary sewer and water service. Receipt of Special Assessment Agreement for Rowland Road utilities. cc: James and Pauline Borucki EJ Rud & Sons, Inc. • • • • RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of ________ _ FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated September 1, 1989, was executed by and between the City, and Coffman Development Company, a Minnesota Corporation, which Agreement was filed as Document No. 2040681 with the Registrar of Titles on September 21, 1989. The Agreement related to the property described therein as: Lots 1 through 8, Block 1; Lots 1 through 4, Block 2; Lots 1 through 3, Block 3, Lots 1 through 4, Block 4; and Outlot B, Country Glen, Hennepin County, Minnesota. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated September 1, 1989 filed with the Registrar of Titles as Document No. 2040681 on September 21, 1989. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: --------------Douglas B. Tenpas Its Mayor BY: ------------------Carl 1. Jullie Its City Manager . :r:x' • St:r~T,E, OF MJNNESQIA~; ');",. ;. . . ) ss. COUNTY OF HENNEPIN ) The foregoj~g;instr4Il1ent wascacknowledged before me this day of ., , T:. 1992, by D.puglas'll",(fenpas and Carl J. Jullie, the Mayor p.p.d City: Manager of the City of Eden . rt'aitie-,::3;:munidpal corpJ~ration .. ~.nderJhe laws ,of. ,the .. State,.ofMinnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 #7--RELEASE.C RFRlOI-14-88 • • • • • CITY OF EDEN PRAIRIE CONTRACT CHANGE ORDER ********************* Date: Nov.9, 1992 Change Order No. 1 For Period 9/8/92 To 10/27/92 City Improvement Contract No. 52 -245 Name and Nature of Project: Traffic Signal at Prairie Center Drive & Singletree Lane ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DESCRIPTION Contract addition to sawcut bituminous roadway, extend inplace conduit in the northeast corner of the intersection, and patch and restore the roadway to its original condition. CONTRACT CHANGE Lump Sum for above described work: $920.00 SUMMARY OF CONTRACT AMOUNT Contract Price Prior to Change Order No. 1 Net Change in Contract Price due to Change Order No. 1 Current Net Contract Amount $65,987.00 920.00 $66,907.00 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Change Order No. 1 Accepted this l21hday of Nov. , 19~ COLLINS ELECTRICAL SYSTEMS, INC. dba COLLISYS Contractor 1209 Glenwood Avenlle Address Recommended for Approval this " T\.I "-I b I"",;) day of !\jO'-rl"M ~r ,1912.. By Project Engineer, Westwood Professional Services, Inc. APPROVED: Ci~~ HENNEPIN PARKS ~1iJ~ijty, fA'tiClHllI'(f/! Suburban Hennepin , Regional Park District ,12615 Counly Rood 9 Plymouth, MN 55441-1248 Telephone (612) 559-9000 Fox (612) 559-3287 Board of Commissioners Judith S, Anderson Chair Bloomington , Nicholas p, Eclaff Vice Chair Brooklyn Center Susan Nelsan Boser Cwstal Shirley A. Bonine Maple Plain David J, Dombrowski St. Louis Park Bill Weir Edina James M. White Orono • glaS F. Bryant rintendent & retory to the Board Mr. Carl Jullie, City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Carl: October 29, 1992 The Suburban Hennepin Regional Park District greatly appreciates the cooperation we have received from your community in planning the LRT /Interim Regional Recreational Trail Corridor that traverses your city. Hennepin Parks is approaching the planning, design, and operation of these corridors as a coordinated project of Hennepin Parks and local units of government. An information meeting to start this process was held on October 13th at the City of Minnetonka. As mentioned to you in previous correspondence, the Park District Board of Commissioners has allocated $250,000 to get this initiative underway. Hennepin Parks is seeking other sources of funds so that all elements of the trail can be completed as quickly as possible. In addition to completing trail grading and surfacing, these elements include informational and educational signage, rest-stops, and specialized trail crossings required to safely cross with major roadways. The Park District is requesting that the City Council consider an official resolution of support for this project for Hennepin Parks to use as an example of intergovernmental cooperation and commitment in fundraising applications. Attached is a "sample" resolution that can be modified to express the sentiments of your council. Also attached for your information is a copy of Hennepin Parks' "Greenways to the Future" brochure which identifies the vision for regional trails in Suburban Hennepin County. Additional copies of this publication are available upon request. In order to support our joint commitment to this endeavor, the Park District would appreciate your immediate consideration of a resolution of support. Please advise me accordingly and if you have questions or concerns, don't hesitate to contact me at 559-6748. DFB:lcz/0256G-2 Sincerely, ~~ Douglas F. Bryant Superintendent RECYCLED PAPER -Conservin1§nB~rW€sources An Equal Opportunity Employer CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION OF SUPPORT FOR THE LIGHT RAIL TRANSIT/INTERIM REGIONAL RECR&AT~ TRAIL CORRIDOR WHEREAS, The Suburban Hennepin Regional Park District (Hennepin Pa~~s) has entered into a Permit Agreement with the Hennepin County Regional i.;?-ilroad Authority (HCRRA) for the interim use and managemnet of light-rail transit corridors located between the cities of Hopkins and Chanhassen and the Cities of Hopkins and victoria for regional recreational trail purposes; and WHEREAS, this Trail Corridor traverses the City of Eden Prairie and will benefit the citizens by creating a non-monitorized, off-road transportation link and recreational trail through the western suburbs which is proposed to eventually connect to the City of Minneapolis as well as other Regional Trail corridors in the Metropolitan Area; and WHEREAS, the city recognizes the advantages to the public in having the trail consistently developed, signed and managed by one regional recreation agency with the cooperation of and in coordination with local municipalities; and WHEREAS, Hennepin Parks has in the operation of its regional parks, park reserves and the North Hennepin Regional Trail corridor demonstrated its knowledge and experience in designing, administering, and maintaining high quality and publically responsive facilities in a manner that is supportive of natural resources preservation and public safety, BE IT RESOLVED, that the City of Eden Prairie supports Hennepin pal development and cooperative management of the Light Rail Transit/Interim Regio Recreational Trail Corridors and will assist and coordinate its efforts wi other communities along the Interim Trail to provide the best possible experience for the citizens of Eden Prairie; BE IT FURTHER RESOLVED, that the City of Eden Prairie supports Hennepin parks efforts to secure federal, state and regional funding to complete the development of and initiate the operation of these corridors in a timely manner, and BE IT FURTHER RESOLVED, that the city supports the retention of recreational trail use of the corridors as a joint use with the proposed future light-rail transit service. ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL THIS DAY ____________ , 1992. Mayor Douglas B. Tenpas ATTEST: John D. Frane, City Clerk • • MEMORANDUM TO: The Mayor and City Council THROUGH: City Manager, Carl Jullie FROM: DATE: RE: Richard F. Rosow, City Attorney December 3, 1992 Proposed Changes in City Ordinance Section 5.37, Regulating the Licensing of Peddlers, Transient Merchants and Solicitors, and Providing Penalties for Violations Thereof. This ordinance was drafted in response to a recent court case which declared the Plymouth Peddlers and Solicitors ordinance unconstitutional as violating the Commerce Clause, and the Privileges and Immunities Clause of the United State,s Constitution. The portions of the Plymouth ordinance which were found unconstitutional are very similar to parts within Eden Prairie's ordinance regulating peddlers and solicitors. Each ordinance required both intrastate peddlers and solicitors who sold goods to be delivered from within Minnesota, and interstate peddlers and solicitors who sold items to be delivered from outside of Miimesata, to pay a license fee. The Hennepin County District Coun, as well as the United States Supreme Court, has held that charging solicitors who deal with goods which are to be delivered from points outside of Minnesota a license fee is an undue burden on interstate commerce and therefore violates the Commerce Clause of the United States Constitution. In response, the revised ordinance was specifically changed to include a sentence in Subdivision 2(c), exempting any solicitor dealing with goods to be delivered from outside of Minnesota, from payment of the license fee. The revised ordinance still requires the interstate solicitor to apply for a permit and undergo an investigation; however, they may not be charged a license fee. In addition, the United States Supreme Court has detennined that forcing an applicant to wait an unreasonable amount of time before receiving a pennit to solicit or peddle goods may be an undue burden on interstate commerce as well. For that reason, the revised ordinance shortened the processing time for the application to 72 hours. The Plymouth Ordinan<.:e was also found to violate the Privileges and Immunities Clause of the United States Constitution. The court held that ordinances governing itinerate merchants and transient vendors cannot be sustained if they do not apply equally to residents and non- residents of the municipality. The Plymouth Ordinance was found to violate the Privileges and Immunities Clause of the United States Constitution because it discriminated between resident /"). .'~ ,-~ /\ ~ '-. .. :' ..... ,'/ ( ( and non-resident merchants by allowing resident merchants to solicit goods without having to • obtain a license, while forcing non-resident merchants to obtain a license and pay a license fee. The Eden Prairie ordinance resembles the Plymouth ordinance in that it requires only non- resident peddlers and solicitors to obtain a license and pay a license fee. Therefore, the revised ordinance treats resident and non-resident peddlers and solicitors alike by requiring both to obtain a license and pay the license fee. A significant addition contained in the revised ordinance is the inclusion of a modified Green River approach in Subdivision 7(b) (named after the first coun case holding such an approach constitutional). Inclusion of this approach forbids peddlers and solicitors from entering the property of any resident who posts a sign "Peddlers and Solicitors Prohibited." Although interstate commerce and freedom of speech are" constitutionally protected activities, the constitution does not give any person the right to enter private property against the property owners express wishes. Therefore, any peddler or solicitor who disregards the posted notice may be charged with a misdemeanor pursuant to this ordinance. I have discussed with Pat Solie the idea of the city furnishing stickers to all residents containing this "Green River" statement. Constitutional considerations of freedom of speech and expression of ideas exempt religious, philanthropic and educational groups from going through the same application process as normal peddlers or solicitors. Subdivision 4 outlines a less rigorous application process for these groups. The revised ordinance differs from the original ordinance in additional ways. The revised ordinance is much more detailed in its definitions and it explicitly describes the steps which are • to be followed in a number of different areas. By including the extra detail in the definitions and procedures. the ordinance will better withstand any possible claims of overbreadth and also any possible claims that the city accorded to much discretion and discriminated against an applicant. In addition. the ordinance will effectively give better notice to any perspective peddlers or solicitors of what is required in the City of Eden Prairie. This proposed ordinance amendment has been reviewed by the Police Department and the Clerk's Office. Should you have any concerns, we are available to address any questions or comments which you may have. RFR/smt tfr\cp\2-memo -, , , • ., • CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. __ -_ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY AMENDING IN ITS ENTIRETY SECTION 5.37, A PROVISION REGULATING THE LICENSING OF PEDDLERS, TRANSIENT MERCHANTS AND SOLICITORS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending Section 5.37 in its entirety as follows: SECTION 5.37. PEDDLERS, TRANSIENT MERCHANTS AND SOLICITORS Subd. 1. Purpose. This ordinance is not intended to interfere with the legitimate business activities of peddlers as the same are defined herein, whether same be local or interstate. • These provisions are intended only to, as nearly as possible, ferret out all illegitimate or confidence operators and to regulate and control all those who, in person, would use their unique presence on property within the City of Eden Prairie, or their unique proximity to its residents, for purposes of harassment, nuisance, theft, or other unlawful activities. Subd. 2. Definitions. When used in this ordinance, the following terms have the following meanings: (a) "Peddler" means any person, whether a resident of the city of Eden Prairie or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales where payment is received immediately for future delivery to purchasers. It does not include • 1 vendors of milk, bakery products or groceries who distribute their products to regular customers on established routes. • (b) "Peddling" means the act of being a peddler. (c) "Solicitor" means any person, whether a resident of the city of Eden Prairie or not, who goes from house to house, from place to place, or from street to street with the intention of taking immediate orders for services or goods for future delivery and payment. All solicitors dealing with merchandise of any kind to be delivered to customers directly from points outside the state of Minnesota shall be exempt from payment of the license fee. (d) "Transient merchant" includes any person, finn or corporation, whether as owner, agent, consignee, or employee, whether a resident of the city of Eden Prairie or not, who engages in a temporary business of selling and • delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in hotels, lodging houses, apartments, shops, or any street, alley or other place within the city, for the exhibition and sale of such goods, ware and merchandise, either privately or at public auction,:. Provided however that such definition does not include any person, fum or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery 2 • 11., I'./) ?> ' ·V 0',,-/ , . • • • only, nor shall such definition apply to any person, firm, or corporation who sells such goods, wares, or merchandise from within the confines of a lawfully established and operating permanent retail sales operation. Subd.3. Permit Required. It is unlawful for any peddler, solicitor or transient merchant to engage in any such business within the city of Eden Prairie without first obtaining a pennit therefore in compliance with the provisions of this ordinance. SUbd' 4. Exemptions. The terms of this ordinance do not include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newsboys, nor to the acts of merchants or their employees in delivering goods in the regular course of business, nor to the sale of farm or garden products by the person producing the same at the location where such products are produced, which production shall be proven by the vendor, nor sales of admissions by local school students to a school function. Nothing contained in this ordinance prohibits any sale required by statute or by order of any court, or prevents any person conducting a bona fide auction sale pursuant to law. Nor shall Subd. 5 apply to solicitations by any organization for philanthropic, religious or educationalJ. charitable causes if the following procedure has been accomplished: the requesting entity must file a sworn application in writing on a form to be furnished by the City Clerk which shall give the following information: (a) (b) (c) (d) Name and purpose of the cause for which exemption is sought; N ames and addresses of the officers and directors of the organization; Period during which solicitation is to be carried on; Whether or not any commission, fee, wages or emoluments are to be 3 lJ Oo.f/ £A I .I'" expended in connection with such solicitation and the amount thereof; Certificate of Non-Profit status from the state where organized. Upon being satisfied of the philanthropic, religious or educational cause of such organization, the City Clerk shall issue a permit without charge to such organization, association or corporation to solicit in the city. Such organization, shall furnish all of its members, agents, or representatives conducting solicitation credentials in writing stating the name of the organization, name of agent and purpose of solicitation. Subd. 5. Application. Applicants for a permit under this ordinance shall file with the city City Clerk a sworn application in writing on a form to be furnished by the €ity City Clerk. The application shall give the following information: (a) Name (including last, first and middle); and pflysical description of applicant; (b) Physical description of applicant; Complete permanent flome and local address of the applicant and, in the case of transient merchants, the local address from '",hicfl proposed sales '",ill be made; i£l Date of Birth; ill Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made; (€e) A brief description of the nature of the business and the goods to be sold; (df) The name and address of the employer, principal or supplier of the 4 • • • applicant, together with credentials therefrom establishing the • exact relationship; • • (eg) The length of time for which the right to do business is desired; (fh) The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time said application is fIled, and the proposed method of delivery; (gi) A recent photograph of the applicant which picture shall be taken bv the City Clerk or the designee of the City Clerk; approximately 2" by 2" sho'Ning the head and shoulders of the applicant in a clear and (fij) distinguishing manner; A statement as to whether the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefore. (i10 The last municipalities, not to exceed three, where applicant carried on business immediately preceding the date of application, and the addresses from which such business was conducted in those municipalities; UD At the time of fIling the application, a fee of (whatever amount is necessary to cover the expenses of investigation) shall be paid to the city City Clerk to cover the cost of investigation of the facts stated 5 therein. Subd. 6. Investigation and Issuance. (a) Upon receipt of each application, it shall be referred to the Chief of Police who shall· immediately institute such investigation of the applicants business and moral character as he deems necessary including but not limited to a criminal history and wanted persons check with the Bureau of Criminal Apprehension for the protection of the public good and shall endorse the application in the manner prescribed in this section within 72 hours, not including holidays or weekends, afteI: beginning the day after it has been filed by the applicant with the City Clerk. (b) If as a result of such ~vestigation, the applicant's business and moral character is found to be unsatisfactory the chief of police shall endorse on such application his disapproval and his reasons for the same, and return the application to the city City Clerk, who shall notify the applicant that his application is disapproved and that no permit will be issued. An applicant's business and moral character may be found to be unsatisfactory for reasons including, but not solely limited to: (1) Fraud, misrepresentation or incorrect statement contained in the application for permit; (2) Past fraud, misrepresentation or incorrect statement made in the course of carrying on business as a solicitor, canvasser, peddler, transient merchant, itinerant merchant, or itinerant vendor; 6 • • • • • • (3) (4) Past conviction of any crime or misdemeanor involving fraud, theft or moral turpitude; Conducting the business of a peddler, solicitor, transient merchant, itinerant merchant, or itinerant vendor, as the case may have been, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare of the public. (c) If as a result of such investigation, the business and moral character responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval and return the application to the city City Clerk, who shall deliver the permit to the applicant. Such permit shall contain the signature of the issuing officer City Clerk and shall show the name, address and photograph of said permittee, the class of permit issued and the kinds of goods to be sold thereunder, the date of issuance and the length of time, not to exceed one year from the date of issuance that the same shall be operative, not beyond the current year in which issued as well as the permit number and other identifying description of any vehicle used in such licensed business. Each peddler, solicitor, or transient merchant must secure a personal permit. Each person issued a permit must carry it on his or her person while conducting or engaging in anv activities regulated hereunder. No permit shall be used at any time by any person 7 other than the one to whom it is issued. The City Clerk shall keep a permanent record of all pennits issued. Subd. 7. Restrictions. (a) Loud Noises and Speaking Devices. No permittee, nor any person in his/her behalf, shall shout, cry out, blow a hom, ring a bell, or use any sound amplifying device upon any of the streets, alleys, parks or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places, for thepurpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell. (b) Signs. Any resident of the City who wishes to exclude peddlers or solicitors from premises occupied by him/her may place upon or near the usual entrance to such premises a printed placard or sign bearing the notice: "Peddlers and Solicitors Prohibited." Such placard shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing thereon shall not be smaller than 48-point type. No peddler or solicitor shall enter in or upon any premises or attempt to enter in or upon any premises, where such placard or sign is placed and maintained. No person other than the person occupying such premises shall remove, injure or deface such placard or sign. 8 • • • Subd. 8. Revocation of License. • (a) Permits issued under the provisions of this ordinance may be revoked by the council of the City after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation or incorrect statement contained in the application for permit; (2) Fraud, misrepresentation or incorrect statement made in the course of carrying on his business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor, (3) Any violation of this ordinance; (4) Conviction of any crime or misdemeanor involving fraud, theft or • (5) moral turpitude; Conducting the business of a peddler, solicitor, transient merchant, itinerant merchant, or itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare of the public. (b) Notice of the hearing for revocation of a permit shall be given by the city City Clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage • 9 prepaid, to the permittee to his last known address at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing. Subd. 9. Appeal. Any person aggrieved by the action of the Chief of Police or the City City Clerk in the denial of a permit as provided in Subd. 6 of this ordinance may appeal to the council. Such appeal shall be taken by filing with the council within fourteen days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in Subd. 8 of this ordinance for notice of hearing on revocation. No individual mav conduct any business regulated hereunder while an appeal is pending. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. publication. This ordinance shall become effective from and after its passage and 10 ~so J • • • • • • • FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _____ ----'dayof ,1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the __ _ day of , 1992. . ATTEST: City City Clerk Mayor PUBLISHED in the Eden Prairie News on the ___ day of _______ -', 1992. rfi'.ep\5.37ord. 11 \ TO: THROUGH: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Parks, Recreation and Natural Resources ~ December 2, 1992 Change Order #4 for the Eden Prairie Community Center Addition Attached is a copy of Change Order #4 totalling $9,094 for the Eden Prairie Community Center addition second ice rink. The items with the (H.S.) indicate Change Orders within the high school locker room that have been approved by the School District. These Change Orders bring the total to $158,242.53 on this $2,047,348 contract. The largest sum of the Change Orders to date is the $166,348 cost to accept Alternate #1, which was to complete the high school locker rooms in the North Star addition, ($26,016 of the Change Orders have been deducts). The ice rink is now scheduled for opening on December 20th; however, the final check list will • most likely not be completed on the interior of the building until around February 1st. The • exterior work including sodding and the final lift on the parking lot, etc. will have to be completed in the early spring. The original budget for completion of the second ice rink, the expanded office area, the improved plaza and the expanded parking lot and revised entry was $2.3 million dollars. The current project cost estimate, assuming the general contractor meets his substantial completion date of December 18th for a $5,000 bonus, is $2,305,704 for this project. The $188,000 high school locker room project, that will be reimbursed by the School District, appears as though it will be approximately $10,000 under the cost estimate. The ice rink is approximately $60,000 under the cost estimate, while the exterior work including the plaza, parking lot and entry will be about $60,000 over the cost estimate. BL:mdd order417 • • • \ CHANGE ORDER AlA DOCUMENT Cl07 Distribution to: OWNER 0 ARCHITECT 0 CONTRACTOR 0 FIELD 0 OTHER 0 PROJECT: Eden Prairie Comm. Ctr. Addition (name, address) 16700 Valley View Road Eden Prairie, MN TO (Contractor): f:Shingobee Bui Iders Inc. 279 Medina St. N. Loretto, MN 55357 CHANCE ORDER NUMBER: Four (4) INITIATION DATE: November 30, 1992 ARCHITECT'S PROJECT NO: 9117 CONTRACT FOR: Construction L -.J CONTRACT DATE: May 21, 1992 You are directed to make the following changes in this Contract: No. 1 tem GM-IO A GM-IO B GM-IO C M-II G-13 A . G-J3 B 8:"'13 C G-13 D G-13 E G-13 F Instal I rainwater leader Revise MUA-I & PRV-I Glycol heatLhg system Relocate outdoor air sensor Increase water pipe locker size Add Durock to HS8 exg. wal Is Special color on lockers Pool door and sidel ite Sloped Mortar bed -Rm HS8 "Powerbond" carpet Rm EO-I & EO-2 TOTAL Not valid until signed by both the Owner and Architect. AMOUNT $1,882.00 538.00 835.00 707.00 345.00 385.00 (H. S • ) 330.00 (220 -H.S.) 2,917.00 400.00 (H.S.) 755.00 $9,094.00 Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (dt/a/aW./eWMlJ.IiIrlufri tbiti was. . . . . . . . . . . . . . . . . . . . . . . . ... $ 1,898,200.00 Net change by previously authorized Change Orders ................................... $ 149, 148.53 The (Contract Sum) (dJalrlrltUcf Mai~Jr,\'b'~tf prior to this Change Order was .......... $ 2,047,348.53 The (Contract Sum) (iJlrUtkU .fJ1x/rf...J./n/cf.J,j) will be (increased) (ct'eU~Ucrl (&~M.hM~ by this Change Order .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ The new (Contract Sum) (CZI/.<lrirltkif/ i<1aJ¥fivr,C<A5vf including this Change Order will be ... $ 9,094.00 2,056,442.53 " The Contract Time will be #Mr.ei~.tl) (d'eU~id1 (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is December 18, 1992 Authorized: Delano Erickson Architects Shinaobee Bui Iders City of Eden Prairie ARCHITECT CONTRACTOR OWNER Address Addr~ss Address By ______________________ _ DATE AlA DOCUMENT G701 .. f" ",;,,:, .' , • ~ !'" ""1 .. ' " r ---r; • • • CARMODY SUBDIVISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF CARMODY SUBDIVISION FOR THOMAS AND GRACE CARMODY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Carmody Subdivision for Thomas and Grace Carmody dated October 22, 1992, consisting of .86 acres into two lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. . ADOPTED by the Eden Prairie City Council on the 8th day of December, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk ~~TrnT~©iJ~ ~DEPARTMENT OF NATURAL RESOURCES • METRO WATERS -1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 772-7910 FILENO. November 10, 1992 Mr. Chris Enger Planning Department City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 RE: THOMAS AND GRACE CARMODY, PRELIMINARY PLAT, CITY' OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Enger: We have reviewed the undated site plans (received October 27, 1992) for the above-referenced project (NE1/4 section 21, Tl16N, R22W) and have the following comments to offer: 1. The project site does not contain or appear to involve any public waters or public waters wetlands; therefore, no DNR public waters permit is required. 2. No DNR shoreland or floodplain concerns were noted. 3. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 4. If construction involves dewatering in excess' of 10,000 gallons per day or 1 million gallons per year, a DNR appropriations permit is required. You are advised that it typically takes approximately 60 days to process the permit application. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist cc: B. Obermeyer, Riley-purgatory-Bluff Creek WSD ~)OG-l AN EQUAL OPPORTUNITY EMPLOYER • • STAFF REPORT • TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: REQUEST: • Planning Commission Chris Enger, Director of Planning Michael D. Franzen, Senior Planner November 6, 1992 Carmody Subdivision Thomas and Grace Carmody 8595 Mitchell Road 1. Preliminary Plat of .86 acres into two lots 2 . Rezoning of .86 acres from Rural to RI-13.5. -==-41.~ CIR. ~-. , 6a. GARDEN LAN I 76. BERKSHIRE I 109. FOUNTAIN p\ IIS.1.AI\GlEf ~ ( ~ J L I" := 125.HIUDWAY ROAO ~. "'--~_ '~_~~~~l ,,1,-r)Y c<.~',O tf(I'WN[PIIII CO Staff Report Carmody Subdivision November 6, 1992 BACKGROUND This site is guided Low Density Residential. This site is currently zoned Rural. Surrounding properties are zoned RI-13.5. SUBDIVISION AND REZONING The rezoning of the property to RI-13.5 would be consistent with surrounding zoning in the area. The property would be divided in half and each lot would be 17,680 square feet with 85 feet of frontage. These are the minimum requirements of the RI-13.5 Zoning District. The development plan for the future house meets the front, rear and sideyard setbacks. B~DING PERMIT The drawing of the proposed lot split allows us to evaluate lot size, drainage and setbacks. A certificate of survey is required at building permit issuance (prepared by a registered land • surveyor). The survey must establish property corners and field verify the location of the • existing septic tank and well. The survey must identify sewer elevations to determine if the house is located high enough above the line. The survey must identify trees greater than 12" in diameter and tree replacement if necessary. Drainage: The plan creates some drainage problems with areas that do not properly drain. The survey must show a revised drainage plan. In addition, the low area is the southeast corner which may be a wetland. The wetland boundary must be identified and no fill shall be allowed in the wetland. The new house is required to connect to City sewer and water. Water is located across Mitchell Road and will be difficult to access because of the depth and type of pipe. There is also a $7400 sewer and water connection charge. ROAD RIGHT-OF-WAY Road right-of-way is required to be dedicated for Mitchell Road. This is approximately 33 feet off the western portion of the parcel. • • • • STAFF RECOMMENDATIONS The staff would recommend approval of the request for rezoning and preliminary plat of .84 acres into two lots subject to the recommendations of the Staff Report based on plans dated October 22, 1992 and subject to the following conditions: 1. Pay the appropriate cash park fee. 2. Add paragraph under building permit section. CARMODY.MDF tI",~'p"o""cI 1'1,." ... ,h s -P. c.. /1-'I' 92,; • B. CARMODY SUBDIVISION by Thomas and Grace Carmody. Request for Rezoning from Rural to RI-13.5 and Preliminary Plat of .86 acres into two lots. Location: 8595 Mitchell Road. Franzen reported that the Carmody's would like to build a new home and subdivide the property. The subdivision would meet the RI-13.5 zoning requirements and is consistent with City code. Staff recommends approval of the project. Sandstad asked if a 30 foot setback normal in this area. Franzen replied yes. • Norman asked if the neighbors were notified. Franzen replied that the normal notifications had been mailed out and only one neighbor called concerned about tree loss and drainage. ~ MOTION 1: Norman moved, seconded by Wissner to close the public hearing. Motion carried 6-0-0. MOTION 2: Norman moved, seconded by Clish to recommend to the City Council approval of the request of Thomas and Grace Carmody for Rezoning from Rural to RI-13.5 based on plans dated November 6, 1992, and subject to the recommendations of the Staff Report dated November 6, 1992. Motion carried 6-0-0. MOTION 3: Norman moved, seconded by Wissner to recommend to the City Council approval of the request of Thomas and Grace Carmody for Preliminary Plat of .86 acres into two lots based on plans dated November 6, 1992, and subject to the recommendations of the Staff Report dated November 6, 1992. Motion carried 6-0-0. • ,S\S 1\ • • v. • ". '. ~." . OLD BUSINESS Brad Moe, 14372 Westridge Drive, stated that he was too late for the discussion related to the Carmody Subdivision but would like to address the Commission regarding concerns. Sandstad informed Moe that the Commission would listen to the comments; however, the Commission had already taken formal action on the proposal. Sandstad also informed Moe that he could address concerns at the City Council meeting and requested that Staff notify Mr. Moe of the date of that meeting. Moe believed that the lot would best be served as a single lot development. He noted that the lots in this neighborhood were larger. Moe believed that the dimensions in the plat drawing were not accurate. Moe stated that he had obtained a copy of the City's Development Review Process and noted that many of the requirements had not been fulfilled. Moe questioned how Staff could recommend the project with the requirements not being fulfilled. Moe stated that a survey had not been done. He believed that the house as proposed would be placed poorly on the lot and also question if there was adequate radius for a tum around in front of the garage. Moe was concerned about tree loss in the back yard. Moe questioned how building could be allowed on drainage easement property. Moe did not understand how the proposal could be passed this far without these issues being addressed. Sandstad recommended that Moe talk with Staff and pass along his a concerns to the City Council. Sandstad noted that there were no other residents which voi~ concerns. Franzen stated that he had spoken with Mr. Moe on the phone. He believed that the issue was not what was required but when it was required. Franzen stated that the Staff Report requested a registered land survey. Franzen said that he would be happy to discuss the concerns with Mr. Moe. • • • •• • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RIVERVIEW HEIGHTS RESOLUTION APPROVING THE PRELIMINARY PLAT OF RIVERVIEW HEIGHTS FOR HUSTAD DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: . That the preliminary plat of Riverview Heights for Hustad Development dated December 3, 1992, consisting of 26.26 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 8th day of December, 1992 . Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Mrs. Gayle M. Diehl 10530 West Riverview Drive Eden Prairie, ~rn 55347 944-0384 Dear Mr. Lambert and Ms. Cross: November 10, 1992 In addition to my letter of November 9, 1992, please consider the following: 1. The proposed road to be used as a public trail is used by the MWCC as a maintenance road, and vehicles (trucks, etc.) are driven on it. The MWCC also allows Williams Pipeline Company vehicles to use the road. A road used in this way is entirely out of keeping with use as a public (vehicle free) trail. It not only endangers any pedestrians on the road but would inhibit W~CC to safely carry out its functions. 2. The road is very straight, totally unsurrounded by trees, etc. and very unattractive. It passes by the MWCC struc- ture which emits sewer smells. Because it is totally straight, it is very difficult to climb back up. The • citizens of Eden Prairie deserve something much better • than this in trail structure. A more scenic and meander- ing path would be much more desirable. 3. Since the MWCC roads abuts land that is zoned single family residential it could indeed end up being between yards. This was your complaint in item No.3, Page 1 of your memorandum of November 9, 1992 to the Planning Commis- sion. What applies to that developmen~ applies to us, too, over in our area. Please reconsider the use of the MWCC road as a trail access. The developer, as you state in your memorandum, thought a public trail access near some of his lots would make them less desir- able. That applies to our area which is already dev.eloped. Put- ting an access in before the fact (when it can be pleasantly arranged) and people will know what they are getting into is much fairer than dropping it on an existing development and existing area where people have lived for many years. Thank you. Mrs. Gayle H. Diehl 10530 West Riverview Drive Eden Prairie, MN 55347 •• • • • Dear Commission members: Mrs. Gayle M. Diehl 10530 West Riverview Drive Eden Prairie, MN 55347 944-0384 November 9, 1992 Please consider the following concerning the Riverview Heights development plan that includes proposed use of the flood plain. I. A development plan should stand on its own as either environmentally friendly or not, without any gratuitous use of donated areas to the city. 2. The proposed "park" reminds me of the old "Swampland" scams in Florida. The proposed "park area" is wetlands most of the year and is totally underwater when the ~Iinnesota River rises. I live above the area and see it in total every day. I know for a fact that the only dry area is the narrow road that crosses it to the river. This road was built up with truckload after truckload of rock when the Williams Pipeline Co. had the spill. Only then could they get their vehicles to the clean up area as the rest was too wet. (picnic tables would have to be on pontoons to be of any use!) 3. The proposed "park area" was promised by the City to be kept natum! in conjunction with the Metropolitan Waste Control Commission (MWCC) when reconstruction after the 1987 disaster was considered. 4. The road the City permitted the MWCC to construct down to the flood plain was m!ly permitted to be built down that far with the condition that everything be done to keep it private and not accessible to by the general public. Before the 1987 disaster this road did not extend down to the flood plain. Because of this the people in the area were concerned that it should not become an attractive nuisance. We all had moved into the neighborhood because ofth~ quiet nature of it and the small amount of traffic-ideal for the safety of children. We voiced these concerns at several meetings and the City and the ~1WCC worked together to keep this road private. Three (not one or two, but three) gates were planned and constructed to cross the road. These are locked and can only be opened by the MWCC. Rocks were set on the boulevard by request (mine in particular) not as landscaping, but as a guard against vehicles bypassing the gate. "No trespassing" signs were set out. 5. When I checked City plans, before we built our house, I talked to the head of the Parks division, Bob Lambert, to see what might be done with the flood plain in the future. I was assured that access to the proposed City trail would only be on Riverview Road not via Riverview DriYe. These two access areas were at the end of Riverview Road on the West (near the Laseski's) and by what is now the proposed Riverview Heights development on the East (isn't that ~t::11 , Jj II J I \J interesting!?!). No access to the trail was in our area! To change things because of a disaster is like rubbing salt into a wound. These latest plans with some of the flood plains taken out stop the trail plans and propose a ridiculous and impossible alternative-the "park." Taking part of the flood plain out stops any access in the area near the proposed development as originally planned by the city. It keeps the neighbors in that area happy--but dumps the whole thing on us on the other end. I contend that this is not fair and not in keeping at all with earlier City plans and promises. 6. Even now the flood plain area under consideration is very dangerous in some areas. The MWCC was permitted to bury the concrete remains of the structure that collapsed in 1987. Where this is buried, holes continually open up because of the burial site's proximity to the Minnesota River. I have contacted Bill Johnson of the MWCC of this problem and he has filled them 2-3 times. However they always open up again. At present I believe they are reopened and a very real danger to anyone walking along the flood plain. 'Why would or should the City and its taxpayers assume and accept perpetual legal liability in this chronically hazardous flood plain area when Eden Prairie has other areas already which are safe, pleasant, and easy to maintain and police. 7. Because of the 1987 disaster and the Williams Pipeline Co. spill. the proposed area to be donated to the city is doubly contaminated, first by raw sewage, and secondly by oil spill products. Contaminated, underwater or wet, beset by wide gaps in the earth (so deep you can't see the bottom) and a proposed access that was indeed promised by the City not to be an access- please don't let your intelligence be insulted by considering this area be proposed as a "park"! Or as the old saying goes, "Always look a gift horse in the mouth." I think I have pointed out enough "rotten teeth" in the above proposal to make even a dentist swoon. Thank you for your consideration of this matter, 7lvN. /:J~ 7N.1f~ Mrs. Gayle M. Diehl 10530 West Riverview Drive Eden Prairie, MN 55347 P.S. Please include this letter in the minutes of the November 9, 1992, Planning Commission meeting. • • • • • • STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANTI FEE OWNER: LOCATION: REQUEST: . i ! I I ! , Planning Commission Chris Enger, Director of Planning Michael D. Franzen, Senior Planner November 6, 1992 Riverview Heights II Bob Brown, Jim Brown, and Wallace Hustad South of Riverview Road 1. Rezoning from Rl-22 to Rl-13.5 on 4.69 acres. 2. Preliminary Plat of 26.26 acres into 19 lots and 2 outlots . I I ·1 : I Staff Report Riverview Heights II November 6, 1992 BACKGROUND Approximately one year ago, the proponents requested a subdivision of 65 acres into 33 lots. The proposal was approved by the Planning Commission and Park and Recreation Commission. When the project was reviewed by the City Council, the surrounding neighbors submitted a petition for an EA W. The project did not meet the mandatory category of 250 units or the discretionary category of 40 units. However, the project did involve shoreland area therefore an EA W could be petitioned. The City requested that proponents prepare an EA W. City Staff, the proponents and other agencies including DNR, Army Corp, U.S. Fish and Wildlife, PCA, MWCC, and the Metropolitan Council met on two separate occasions to discuss the EA W, their comments, and ways the City and developer could address their concerns. The proponent agreed to reduce grading, provide a construction pond during initial construction, NURP ponding, and extra erosion control. The City felt that this met the concerns of the other agencies; however the Metropolitan Council did not agree and indicated that if the City did not find a significant environmental impact, that the Metropolitan Council would either take the City to court or order a Metropolitan Significance Review of this project. • The City staff, the proponent and the Mayor appeared before the Metropolitan Council Physical • Development Committee to discuss the results of the EA W. After a 4 hour meeting, the Metropolitan Council did not pass favorably on the EAW. Based on this, the proponent withdrew the request. CURRENT DEVELOPMENT PROPOSAL The proponent is submitting a revised development plan for 19 lots on the top of the slope. Although the proposal ends in a cul-de-sac, there is an outlot that could be a potential location for future road access to the lower portion of the property. The development proposal on the top of the slope is similar to the original proposal. This proposal does not trigger any EA W categories. PRELIMINARY PLAT The preliminary plat depicts the subdivision of 26 acres into 19 lots and two outlots at a net density of 1.73 per acre. A portion of the property is already zoned RI-22 and the lots that are less than this lot size are proposed for rezoning to RI-13.5. The density of 1.73 units per acre is a reasonably density considering the topography and the trees on the property. 2 • • • • Staff Report Riverview Heights IT November 6, 1992 BLUFF PROTECTION The City has the responsibility to review development in an area as significant of the Minnesota River Bluffs in a way that protects it as a natural resource, while allowing private development. The development proposal concentrates development with small lots adjacent to Riverview Road and transitions to larger lots on the middle portion on the Bluff. Grading on the Bluff will be minimized since the initial grading would be limited to the construction of the road and utility improvements. The grading limits established with the first phase indicate a minimal amount of grading and tree removal necessary for these improvements. However, with the development of a subdivision, quite often the most impact on the site is realized when the homes are built. With this project, lots are sized according to match the expectum home size. The grading plan depicts hypothetical house pads of 80 x 55 feet. Because these lots are walk-outs, the impact on the tree cover can be minimized. For each lot to be constructed within this subdivision, an individual grading permit would be required. This would allow City participation in the individual design of houses on the site. The developer would be required to place and maintain erosion control around all initial construction and be responsible for placement and maintenance of erosion control on each of the lots as needed. TREE LOSS The first proposal showed 15,180 inches of significant trees on this site. With the installation of utilities in the roadway, a total of 516 inches would be lost, or 3.75 %. In the worse case scenario based upon the building pads as proposed, a total of 1,114 inches of trees would be removed or approximately 25 %. If the balance of the property develops in the future consistent with the original development plan, the amount of tree loss on the total site would be 15 %. This compares quite favorably with the average tree loss of 30% for other residential subdivisions in the City. The lower percentage tree loss in this case is consistent with the sensitivity of this area. Although tree replacement would be calculated based on the worse case grading plan, the developer could be credited back as individual homes are constructed if additional trees are saved. Tree loss can be a measure of impact on the Bluff character. Net tree loss is calculated at 25 %. This compares with a net tree loss on the Timber Bluffs project of 75 % • 3 Staff Report Riverview Heights II November 6, 1992 A tree replacement plan is required for a total of 370 caliper inches. The majority of trees to be replaced should be Oak. SITE GRADING Slope stabilization is extremely important on the Minnesota River Bluff. Individual grading permits will be required for each lot to assure that the minimal amount of site is being disturbed at anyone time. This also helps protect erosion of the Bluff and minimize pollution of the Minnesota River. Development on these slopes will require especially engineered design footings in retaining walls because of the type of soil which is sand and also due to the steepness of the slope. It will be required that an engineer certify the structural capability of these retaining walls and footings prior to the issuance of the building permit. Many of the homes that are constructed on steep slopes have large roof areas. Rather than having the water sheet drain off of the back of the roofs down the slopes which is an erosion problem, these homes should be designed with a gutter system. This would channel the storm water runoff into a storm sewer pipe to be constructed along the back sides of the homes on the top of the slope. This is similar to the requirement in the Bluffs West 9th Addition. SHORELAND ORDINANCE The Shoreland area is 300 feet from the Minnesota River. This site is over 500 feet from the River and therefore provisions of the Shoreland Ordinance do not apply. UTILITIES Sewer and water is available to this site. Due to the steepness of the slope and the homes located down the slope, a lift station will be required. This lift station must be sized large enough to accommodate sewerable area. Since development of the lower portion of the Bluffs is a possibility in the future, the utilities will have to take this into consideration when they are designed and built. There is no guarantee that the land lower on the slope will be developed. STORM WATER QUALITY The City of Eden Prairie is currently applying new regulations regarding storm water runoff and water qUality. As part of this project, it will be required that a NURP pond be installed on the property. The practice of using a NURP pond will minimize the amount of phosphorus that could be discharged into the wetland area, flood plain, and river channel of the Minnesota River . 4 • • • • Staff Report Riverview Heights II November 6, 1992 The pond is proposed in the river flood plain. This location must be confirmed to be outside the river floodway. The pond dike design must consider protection from erosion during river flood events. Storm drainage from the street drains by storm sewer pipe into a ravine. This will erode the ravine and send soil/sediment into the Minnesota River. The storm sewer pipe shall be extended to the pond. The storm sewer system and pond must be designed for 100 year storm events because of the steepness of the bluff and high potential for erosion. This is consistent with City requirements for other steep slope areas. Roof drainage can erode the slope. A roof drain and gutter system should be tied in the storm sewer system on lots with steep slopes. The existing driveway which is to provide access to lot 8, is in an eroding area. Hard surfacing this driveway will compound the problem by increasing runoff. No storm sewer is proposed in this area. A drainage solution is required or another access to this lot should be considered. • ARCHEOLOGICAL SURVEY • With the preparation of an EA W an archeological survey was completed (see attached). The survey indicates the possibility of archaeologically sensitive area in sites 39 -52 in the lower portion of the site. This portion of the site would not have been disturbed under the original proposal nor is this area to be disturbed as part of this proposal. VACATION OF ROAD RIGHT OF WAY . If Red Oak Drive is vacated, lot 8 will not have access since the right of way reverts back to the adjoining owners. Either a private easement will be necessary or the road should not be vacated. Then the City must give permission to construct a driveway in City right of way. CONCLUSION This property has been subdivided and zoned Rl-22 for approximately 30 years. This property can develop with septic tanks without any City further review other than building permit. The property could also develop with a private road. A public road can also be constructed within the City right-of-way to access the existing lots. Developing the property in such a manner 5 Staff Report Riverview Heights II November 6, 1992 would disturb more of the existing topography and trees than the current preliminary plat. The City recognizes the Minnesota River Bluff as a unIque and valuable resource. Eden Prairie has always been concerned about the impact of development on natural environment and has encouraged the careful and knowledgeable development along the Bluff. The City in the approval of the Timber Bluff Subdivision approximately two years ago to the east of this site considered low density residential as an appropriate use of the Bluff because of the size of the houses and low density would allow more natural features to remain. The City also learned ways in which impacts on the Bluff can be minimized by going through the environmental review process with other agencies such as the Army Corps of Engineers, Department of Natural Resources, the Pollution Control Agency, the U.S. Fish and Wildlife Services. Their recommendations and suggestions have been incorporated to the greatest extent possible within this proposal. The request for subdivision and rezoning which allows a gradual increase in lot sizes from the top of the Bluff to the midpoint on the Bluff is consistent with City policy and the • Comprehensive Plan on this site. Although the potential exists for future development of the • lower portion of the Bluff, there is no guarantee that the City or other agencies would be amenable to this. Essential to the protection of the Bluff is minimizing the disruption of the tree cover which provides natural slope stabilization. It is critical during the development and construction process that careful monitoring of each individual site with the detailed grading permit and special erosion control will be required. For the steep slopes that are not proposed to be disturbed by grading, a scenic easement should be provided which will protect the natural vegetation. This is consistent with the Timber Bluffs projects and other projects along creek areas. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for rezoning from RI-22 to Rl- 13.5 and preliminary plat of 26.26 acres into 19 lots and 2 outlots based on plans dated November 6, 1992, subject to the recommendations of the Staff Report and subject to the following conditions: 6 • • '. • Staff Report Riverview Heights II November 6, 1992 1. Prior to council review, the proponent shall: A. Modify the preliminary plat to depict conservancy easements along the steep slopes. B. Modify the utility plan to provide for a storm sewer pipe along the back of the homes adjacent to the Bluff. Extend the storm sewer pipe to the pond. Design the storm sewer system for 100 year storm. Find a drainage solution for access to lot 8. 2. Prior to fmal plat approval, proponent shall: 3. A. Submit detailed storm water runoff and erosion control plans for review by the City Engineer. B. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. Prior to building permit issuance, proponent shall: A. Submit plans with the following information: 1. 2. 3. 4. 5. 6. 7. 8. A site plan with house located within the proposed pad area. A grading plan based on field verified topography. No additional retaining walls beyond the approved grading plan. No steepening of the natural slopes. Walk-out levels must meet natural grade. No more than 20 foot wide construction area on the down-slope of the house. Restoration and erosion control plans. No construction of grading and backyard conservation easement on the steep slopes . 7 S~fR~rt • Riverview Heights II November 6, 1992 9. Soil test. to. Engineer's design for footing, foundation and retaining walls. 4. Prior to building permit issuance, pay the appropriate cash park fee. 5. Prior to the City considering acceptance of land as a gift to the City for open space purposes, proponent shall provide a Level I environmental audit to determine the extent of potential pollution on-site. 6. Prior to grading on the property, proponent shall be required to stake the construction limits with snow fencing. The proponent shall notify the City and Watershed District a minimum of 48 hours in advance of grading. 8 • • • • o FEET • NEGATIVE SHOVEL TEST e POSITIVE SHOVEL TEST 400 1 BROWN @ MOUND 17 GRANAR~t::J ; BROW~ HOUSE MOUND 1 e" ,'~" -r /;i· .0 () " I , , ~u.o" L PROJECT BOUNDRY CONTOUR INTERVAL 10 FEET Figure 2. Location of shovel tests within the project area (adapted from Hedlund Engineering Map, sheet 5). Mounds 13 -17, originally recorded by Lewis (Winc.hell19l1: 249) are no longer present . TO: MEMORANDUM Planning Commission Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: DATE: SUBJECT: Barbara Penning Cross, Landscape Architec~ November 9, 1992 Supplemental Staff Report to November 6, 1992 Planning Staff Report for Riverview Heights II TRAIL ACCESS: • Three access points into the Minnesota River valley have been identified in the Comprehensive Park and Open Space Plan previously approved by the Parks, Recreation and Natural Resources Commission and the Mayor and City Council. One access point is on the proponent's property, which is currently platted to accommodate a public trail easement from Valley Oak Drive to the floodplain property. This is the only designated access to the floodplain between Purgatory Creek and the proposed access from Riverview Road, approximately one-half mile to the west. • Staff believes it is important to provide residents in this subdivision and residents to the north of this proposed subdivision direct access to the proposed trails within the Minnesota River Valley. The developer does not wish to provide a public trail access through his subdivision because the public trail would need to pass along the cul-de-sac through the proposed private parkland making lots within this development less desirable. The developer has suggested that the trail be proposed through the Metropolitan Waste Control Commission property along Riverview Drive. A trail in this location would make sense for several of reasons: 1. Access would be more accessible off a minor collector road. 2. The trail would appear to be public property and not only for members within that subdivision. 3. Staff prefers to put trails in open areas rather than between yards and through private land. 1 • • • • Riverview Heights November 9, 1992 Staff would recommend locating the trail on MWCC property, if they will agree to grant an easement, and will proceed with the application of an easement through this property. If the Metropolitan Waste Control Commission does not allow the trail to be located on their property, there are two other alternatives that could provide trail access to the river valley. 1. The developer is not proposing to vacate the right-of-way for Valley Oak Drive with this proposal. Public access could be located along Valley Oak Drive down to the floodplain where the outlots for park and trail purposes will be. If the right-of-way is vacated in the future, when future development occurs, the developer would need to maintain the trail. 2. A sidewalk could be installed with this development along the proposed cul-de-sac with a trail access to the park trail through outlot A. PARK DEDICATION AND CASH PARK FEES: The developer is proposing to dedicate a approximately 17 acres of parkland to the City. The City will turn this property over to the US Fish and Wildlife Service, as previously agreed, to become part of the Minnesota Valley National Wildlife Refuge. Staff recommends accepting this property, if the results of a Level 2 Environmental Audit to determine the extent of environmental damage to the site is acceptable for park usage and the Fish and Wildlife Service have agreed to accept the property as part of the refuge .. A 150' wide outlot along the Minnesota River the entire length of the property, for trail purposes, was proposed with the December 1991 proposal. Staff recommends this outlot also be dedicated to the City with this proposal. Staff recommends the developer pay cash park fees based on the current cash park fee at the time of building permit issuance. BPC:mdd riverlbarb 2 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 14 her opinion, this second plan was actually even better, with more berming, better screening, and better landscaping. Hilgeman asked why this development was before the Parks, Recreation and Natural Resources Commission. Cross answered that this was because it was a major development that had been previously reviewed by this Commission and was being changed. Vanderploeg asked how big the included pond was; Margolis answered 1/2 acre. Vanderploeg asked how high the fencing was and Margolis told him 12 feet. Margolis then pointed out that the key to dealerships was used, not new, cars, and that 90% of new cars could be located offsite. He said that sufficient lighting was needed at night to properly present used cars so consumers could see scratches, dents, etc. Richard asked for a motion to recommendation. approve staff's In discussion, Lambert pointed out that the Commission policy in the past included requesting to review large developments as a park/natural resource issue because they may affect natural resources visually. He asked if the Commission had changed their mind and would not prefer to review these types of projects. Commission members indicated they wished to continue to review large projects. MOTION: Kracum made a motion that the Commission approve staff's recommendation as contained in the letter by Michael Franzen of October 23, 1992. It was seconded and passed 6-1. Hilgeman voting against. B. Riverview Heights Refer to memo dated November 9, 1992, from Barbara Penning Cross, Landscape Architect, letter dated November 10, 1992 from a resident, and a memo dated November 6, 1992, from M. Franzen, Senior Planner. • • Beth Simenstad, Hustad Development Corporation, presented • a revised development plan for the 19 lots that will make • • • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 15 up the Riverview Heights II Development, showing the development on large scale maps. She stated that 17 acres of the development would be gifted to the City. The developer said that they would like the trail that would connect to the proposed trails within the Minnesota River Valley to go through the Metropolitan Waste Control Commission property along Riverview Drive. Lambert suggested that several issues needed to be addressed. He said that the developer intended to donate one parcel and a 150' outlet along the river sometime in the future. Lambert said that the main issue here was the trails issue. He said that it was staff' s plan to provide access to the trails along the Minnesota'River with City trails, and that there were three proposed locations: (1) Purgatory Creek, (2) at the east side of this project at road right of way, and (3) Riverview Road where it dead ends. He said that the Metropolitan Waste Controls Commission (MWCC) said that they would approve a public trail if there was no strong opposition from the neighbors. However, he said that there had been some opposition to moving the "middle access" trail from the east side of this project to the MWCC site. Lambert said that it was staff's recommendation to maintain their options, including wanting the easement kept, which may be a trail later, or, if it would provide a better access, move to the MWCC location and abandon this location. He asked that staff study both options and suggested a neighborhood survey be done. Cross said that a Level 2 environmental audit would be done to determine if the site was acceptable for park usage. Lynch asked if there was any reason to suspect environmental damage and Cross answered that the site was where the Williams' pipeline broke in 1987 and a MWCC spill occurred in the same area. Lambert stated that the proposed 17 acre gift would be turned over to the U.S. Fish and wildlife Service to be part of the Minnesota Valley National wildlife Refuge, but the city would accept it only if they would accept it. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 16 Kracum asked if the plan was to leave the area natural and Lambert answered yes, with 10% for picnic and trails and 90% left natural. Gayle Diehl of 10530 West Riverview Drive showed enlarged aerial detail maps of the pipeline disaster and surrounding areas. She was very opposed to the use of the MWCC road as a trail access. Laura and Kevin Blummel also said they did not want the MWCC road as a trail access. Richard stated that staff wanted to keep both options open. A resident asked what would be required to demonstrate significant opposition to the MWCC folks, feeling that neighborhood sentiment could supply that. • Diehl stated that she had called the MWCC and that they • were flabbergasted that their road was under consideration at all as a proposed trail access. Marty Pinlow, resident, stated that none of the residents on the east and west sides of Riverview Drive had been notified at all of this potential trail access, pointing out that only those within 500' from the development were notified. A resident of 10529 West Riverview Drive pointed out that he was concerned that the lots around the area would have too many parked cars around them if this trail site was used. Laura Blumme1 gave a lengthy opinion, with photos, as to why the MWCC site was a poor choice for a trail site. She said that the Williams pipeline had burst because of a manmade error, that one of three pipes had mistakenly been closed. She said that the disaster had cost the loss of many trees and vegetation, saying that when the pipe burst, millions and millions and millions and millions of raw sewage was dumped on the site. She felt that it was, therefore, no great gift from the developer. Bl ummel said that at a. meeting held before the City Council in 1987, there was a unanimous decision to • restore the site back to a natural state. She also • • • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 17 stated that in 1988, the city ·council had discussed a grading permit and pointed out that the area could not very well be restored if there was a trail on it. Blummel said that at that time, the city council had said that the area would be private and restoration made and showed a landscaping plan from June 7, 1988, that included restoration. Blummel felt that the city of Eden Prairie had not lived up to the commitment they had made at that time and that, to date, no revegetation had occurred. Blummel asked why a commission that reported to the city Council was coming back 5 years after the city council had made that commitment and once again opening it up for discussion. l simenstad then said that Hustad Development was very interested in cooperating with the City on this issue. She mentioned other properties where trail access problems had been resolved. She stated that no matter where the trail access would be located, there would be problems with parking. Richard, Chair, asked that the record show that the Browns had always been very cooperative with the City. Lambert said that he did not expect the trail issue to be decided now, that the neighborhood needed to be surveyed. He pointed out that the neighborhood might even say they didn't want a middle trail at all. He gave as an example Mitchell Lake, saying that when a middle trail wasn't initially provided, residents later cam back asking why they had to walk 1 and 1/2 miles to the trail when others did not, so the City of Eden Prairie had had to buy property between lots to provide one. He again stated that staff wanted to keep the trail option open, that the issue to be decided this evening was only the subdivision before the Commission. Lynch referred to staff report, page 6, saying that she would like to see a survey done on all open areas. She asked who monitored the areas-the developer or City staff. Lambert answered that usually there was an arrangement with the developer, that an inspector in the Planning UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 18 Department monitored what trees·were to be preserved and that if the developer had to remove certain trees, they would also have to replace them. Lynch asked if the City of Eden Prairie had any ordinances on fertilizers. Lambert answered that Eden Prairie did not but that some other cities did, requiring that only nonphosphorus fertilizers be used. Lambert said that he did not understand how those ordinances were enforced or regulated. Lynch asked what part of Riverview Heights was part of the survey of open spaces and Lambert answered the lower level, including the 17 acres to be gifted. Vanderploeg said he wanted to recommend that the opposing residents get a letter from Williams regarding the • easement they had across the MWCC property, as well as • obtaining one from the MWCC themselves. A resident stated that when their house was built, a trail access was not a consideration and that this seemed unfair. Richard said that he felt that the trail issue maybe should be decided before the first hole was even dug. MOTION: Richard made a motion to approve the Riverview Heights II Development per staff recommendations, leaving trail options open for 90 days, with trail easement finalized before development commenced digging. The motion was seconded by Kube-Harderwijk and passed 7-0. VI. OLD BUSINESS A. Proposal from Mrs. H.R. Fowler (con't from 10105/92 Refer to memo dated November 10, 1992 from Bob Lambert, Director of Parks, Recreation and Natural Resources, memo dated November 11, 1992 from John Getz, Historical Interpreter, and attached list of collection of antiques. Lynch stated that she was not comfortable recommending approval of the purchase without knowing what was on the • lot or without being able to compare this particular lot c. • • • fA~q,pf'bc)e&. I'/,'",,,,"re:r> -r.'-· " 11-9-93... RIVERVIEW HEIGHTS by Hustad Development. Request for Rezoning from Rl-22 to Rl-13.5 on 4.69 acres and Preliminary Plat of 26.26 acres into 19 lots and 2 outlots. Location: South of Riverview Road . Franzen reported that a plan for this site had been reviewed approximately one year ago and the neighbors had petitioned to have an EA W. Since that time Staff and the developer had met with several times with appropriate agencies. The Metropolitan Council did not act favorably. The developer has returned with a revised plan. With the revised plan only the top portion of the property would be developed and a portion of the property would be donated to the City. Septic tanks would be allowed on the property due to the Rl-22 zoning. Beth Simonsted, representing the proponent, reported that the original plan had two LRS surveys; #547 and 601. The plan proposed currently is only for LRS Survey #547. Part of the property in LRS #547 was zoned RI-13.5. The original plan was zoned for both RI-13.5 and RI-22. Simonsted presented that plans for 19 lots and 2 outlots on 26 acres. Simonsted believed the zoning to be appropriate because adjacent property to the west and north were currently zoned RI-13.5. Future road access would be available through property on LRS #601. Simonsted noted that the proposal as presented did not require an EA W. Franzen reported that Staff had learned a lot through the EA W process. Staff has found that the present storm water pipe drains into a ravine which would result in erosion problems; therefore, it is being recommended that the pipe be extended into the N.U.R.P. pond. The storm sewer system and the pond would need to meet 100 year storm requirerrfents and roof drainage on lots with steep slopes would be required to have roof drainage and gutter systems drain into the storm water system. Staff has determined that the storm sewer systems along Riverview Road was not adequate to handle the current run-off. Franzen noted that this condition was a City problem . Franzen stated that existing erosion problems would be increased with the proposed driveway. Franzen reported that an archeological survey had been completed and it was determined that there were no sensitive areas on the top portion of the property being proposed for development. There was one site located in the lower portion of the property which was questionable; however, this area was not proposed for development. Sandstad asked Franzen to point out the area on the plan of the possible archaeological site. Franzen pointed out the area on the plan which was located in the floodplain area. Franzen reported that special requirements would be proposed for development in the steep slope areas. The grading would be done in the lot area only, retaining wall height would be limited, foundations would have to be approved by a structural engineer, and a restoration and erosion plan would be required. Franzen recommended approval of the zoning request based on the Staff recommendations. Conservancy easements would be required on specific lots along the steep slope. Sandstad asked Franzen to summarize the memo from the Park & Recreation department. Franzen replied that the issues remained the same as in the earlier proposal. The proponent would gift a portion of the property to the City when it was financially advantageous to the developer. An outlot along the Minnesota River was required. The access points to the Minnesota River bottoms was the issue. Franzen noted that this plan had not yet been scheduled for a hearing before the Park & Recreation Commission. Franzen added that the Park & Recreation Commission meeting was not a public hearing but Staff would inform interested residents of the date. Clish asked how big of a risk it was to develop the property on the slope. Franzen indicated th. the City had learned a lot over the years regarding property on the steep slopes. The lots on th slope would require walkouts and an extra course of block in the foundation. Ed Schlampp, 10901 Riverview Road, stated that he owned the property which bordered the entire eastern portion of this property. Schlampp believed that certain areas should not be heavily developed and further believed that the original plan proposed to be high density for the slope area. Schlampp wanted this area to be a beautiful site from the river. Schlampp stated that he had asked the Browns to moderate the plan to lower the density. Schlampp added that the plan was suppose to be revised to provide RI-13.5 zoning only for the rim area. Schlampp believed that the current proposal was merely a duplicate of the original. He added that this plan would still require heavy grading. Schlampp appreciated Staff's effort in straightening out the storm water system. Schlampp noted that there had already been two 100 year rains this year. He stated that the drainage will all go into the Minnesota River. Schlampp believed that the plan needed to be modified to lower the density. Schlampp stated that the drainage from Riverview Road drained to the east and added that he did not believe a 10" storm drain was sufficient. Schlampp was concerned because the overflow was draining onto his property and washing the soil away from his land. Schlampp stated that the addition of homes would block the absorption of water and increase the runoff. Schlampp did not believe that \he plan had been worked out enough to stop the erosion problem. Schlampp stated that Valley Oak Road was a dedicated road with too steep a grade. The road was only used by Williams Pipe Line to gain access to their property. The area where Valley Oak Road is located would go back into this plat and Schlampp questioned how Williams Pipe Line would get their heavy equipment to their property. Schlampp believed that this plan had many problems which needed further consideration. Sandstad asked Franzen if Valley Oak Road would be vacated. Franzen replied no; not at this time. He added that if a development proposal were to be presented and approved it could be vacated. Schlampp was concerned that the erosion problem would get worse. He stated that he did not want to stop the development, but wanted some discretion used. Schlampp believed that the plan should be looked at further. Norman stated that there would be grading required even if the lots were larger. Schlampp stated that there would be significant grading with the plan as proposed. Simonsted stated that the problem with the Riverview Road storm water drainage was a City problem and not part of any problem created by this proposed development. Simonsted stated that a lot time had been spent to come up with what the developer believed to be the best possible solution. Simonsted believed that the plan had been well thought out. Simonsted stated that the dedicated road could be a private road; however, it was not part of this plat. Simonsted said that the plan was developed to create a controlled storm water runoff. Simonsted noted that only one-half of the area was being proposed to be rezoned to RI-13.5. • • • • Philip Bly, 10720 County Road 18, believed that Mr. Schlampp had raised many valid concerns. Bly asked if the Planning Commission had the authority and the money to buy the property. Bly understood the landowner wanting to get a return on his investment in this property. Bly stated that he would like to see the public sector invest in this property; however, he also understood that budgets were limited. Bly believed that access to the Minnesota River could be accomplished by spurring off across the property. Gay Clark-Pope, 10541 East Riverview, asked if there was a point where the City would say no to developers. She believed that this proposal was a crime. Pope noted that the environmental recommendation was to leave this property alone. Pope wondered whose interests were really being considered; those of the citizens or those of the developer. Gayle Diehl, 10530 West Riverview Drive, asked if the Planning Commission was or was not recommending access to the floodplain area. A letter dated November 9, 1992 was officially incorporated into the minutes. Diehl stated that when they had considered buying their property she had spoken to Mr. Lambert with City and had been told that the Sewer Commission Road would be kept private. Kevin & Laura Bluml, 10540 West Riverview Drive, stated that they were concerned with many of the same items as Mrs. Diehl. Bluml believed that the map sent out to residents was inaccurate. Bluml stated that because many of the lots in this area had 600 foot frontages neighbors adjacent to the property had not been notified. Bluml Jtated that the original spill in this area was a man-made disaster Bluml added that the neighborhood had been promised that the damaged area would be restored; which has not happened. Bluml did not believe this was a safe situation. Bluml did not believe that this area should be considered for a park. Bluml believed that the City should fulfill its promises made several years ago. Simonsted stated that the Brown family had been residents of Eden Prairie since 1917. The Brown family has contributed a significant amount of land to the City in the creek area. Simonsted noted that the Brown family also lost a lot of property because of the spill. Simonsted did not believe that this project should be tied into to the spill situation. Scott Wallace 12465 Sunnybrook Road, stated that it was interesting to note the number of citizens which had come forward regarding this plan. Wallace noted that the property being dedicated to the City was in the floodplain area and was undevelopable. Wallace believed that the Planning Commission should listen to the people which wanted to preserve the natural resources. Wissner asked Wallace what he suggested be done. Wallace recommended possible tax abatement programs or other means to protect the natural features. Clish asked Wallace if he did not want to see any development of the property. Wallace replied that there were dangerous soils in this area and asked why the City would approve development in such a sensitive area. Norman stated that while she appreciated the citizen's concerns she concurred with Staff's recommendation . Bauer concurred with Norman that Staff and other hired experts had stated that this proposal was feasible and enough safeguards are included in the Staff recommendations. Franzen thought that it could cost several million dollars to purchase this property. Franze. noted that Bloomington allowed more development along the bluff area than Eden Prairie. Franzen stated that the property has legal status which was already approved Rl-22, 30 years ago and based on the City's ordinances the property can be developed. Franzen noted that the City's storm water drainage requirements had changed and that other ordinances had been introduced which improve developments in environmentally sensitive areas. Franzen believed that the City had learned from past experiences to make the development acceptable. Sandstad believed that if the property were not rezoned the number of units would result in the same impact to the property and, therefore, the only impact would be aesthetically. Franzen replied that the road took up a large portion of the required grading and the environmental impact would be the same with fewer lots. Wissner asked if there was still a significant amount of property in this area to be developed. Franzen replied that there were still several property owners which could develop property in this area; however, some of the floodplain area had been purchased for a Wildlife Refuge area. Norman asked what the City's plan was for a park in this area. f'ranzen replied that the land would be given to the Wildlife Refuge. Bluml believed that the development proposal should be separated from the park proposal issue. Simonsted stated that the Browns were trying to gift this property to the City and that the Browne were in the same situation related to the spill as all of the other neighbors. Bob Brown, stated that the property was not cleared from a suit with Williams Pipeline and this needed to be clarified. Bauer stated that he supported the proposal. Bauer noted that the Planning Commission did not have a budget to purchase property. Bauer believed that the Planning Commission and Staff worked hard for the residents of the City and further that they asked developers to go the extra mile to make developments the best that they can be. Bauer noted that the Planning Commission could not always get everything that it wanted, but that the projects were handled in the most conservative method possible. Bauer believed that park land property was a poor choice of words for the property being gifted to the City. Bauer believed that the wording could be changed so that it did not appear that the City was getting a worthless piece of property. Clish stated that she was in favor of the proposal with qualifiers. Clish believed that possibly it was necessary for the City to consider special ordinance requirements for bluff development. Clish noted that the proposal was within the City's current requirements and, therefore, there would be no appropriate reason for denial. Norman asked what were the results of the Minnesota River Bluffs Committee developed to study this area. Franzen replied that it was not a charge of that Committee to look at Specifie proposals. • • • Sandstad asked what the final result of the Committee's study had been. Scott Wallace replied that the Committee had established a frame work and master plan. A prioritization of conservation areas had been established for the City . Clinton stated that the City did not have the necessary funds to protect the bluff area. Clinton believed that the issues raised by the residents were related to topography and would be present with any proposed development. Clinton questioned if the homes would look right in the area. Clinton did not believe that the bluff area in Bloomington looked right. Clinton believed that the development process was orderly and that Eden Prairie and the State of Minnesota was outstanding in promoting controlled development. Wissner believed the developers had done everything possible to make this an acceptable proposal. Wissner further believed that the developer had incurred extra costs for the project because of the required studies. Wissner stated that the Brown's were good citizens and did not believe that they would proceed forward with a project which would not be good for the community. Norman stated that the project did meet all the necessary requirements and would support the project. Norman believed that the park issue should be left out until lawsuits were settled. Norman believed that access to the Minnesota River was important for the residents. Sandstad stated that he had voted for approval on the last project pnd believed the present plan to be an improvement. Sandstad stated that he would like to add a recommendation the Planning Commission encourage the City to use whatever method possible to have the property involved in the 1987 washout relandscaped and maintained . Norman requested that the Planning Commission be given a report on the final results of the Minnesota Bluffs Committee. Franzen replied that he would provide that information. MOTION 1: Bauer moved, seconded by Norman to close the public hearing. Motion carried 6-0-0. Bauer believed that the City should not take title to any property with environmental problems and suggested that an environmental audit could be requested. Norman did not believe that an audit was enough. Franzen stated that the City would be aware of any legal issues related to the property. Bob Brown stated that it was not known at this time if there would be a lawsuit or not. Clish asked if the improvement of the storm sewer in the Riverview Road area was included in the recommendations. Bauer recommended that this be handled with a separate motion . MQTION2: Bauer moved, seconded by Wissner to recommend to the City Council approval of the request of Hustad Development for Rezoning from RI-22 to RI-13.5 on 4.69 acres based on plans dated November 6, 1992 and subject to the recommendations of the Staff Report dated November 6, • 1992 as amended to read: Item #5 -Prior to the City considering acceptance of land as a gift to the City for public open space, proponent shall provide a Level I environmental audit to determine the extent of potential pollution on-site. ADD Item 7 -The Planning Commission recommend that the City use whatever method possible with the Metropolitan Waste Control Commission to relandscape and maintain the property damaged in the 1987 washout. Motion carried 6-0-0. MOTION 3: Bauer moved, seconded by Wissner to recommend to the City Council approval of the request of Hustad Development for Preliminary Plat of 26.26 acres into 19 lots and 2 outlots based on plans dated November 6, 1992 and subject to the recommendations of the Staff Report dated November 6, 1992 as amended to read: Item #5 -Prior to the City considering acceptance of land as a gift to the City for public open space, proponent shall provide a Level I environmental audit to determine the extent of potential pollution on-site. ADD Item 7 -The Planning Commission recommend that the City use whatever method possible with the Metropolitan Waste Control Commission to relandscape and maintain the property damaged in the 1987 washout. Motion carried 6-0-0. t MOTION 4: Bauer moved, seconded by Clish to recommend that in light of the discussion regarding concerns. related to Riverview Road and storm water runoff that City Staff analyze the situation and return with a report to the Planning Commission on the results. Motion carried 6-0-0. • DECEMBER 8.1992 29812 JOHN FRANE OCTOBER 92 EXPENSES-FINANCE DEPT 200.00 29813 MAINLINE TRAVEL ADDITIONAL CONFERENCE AIRFARE-CITY COUNCIL 25.00 .814 NATL BUSINESS INSTITUTE INC CONFERENCE-PLANNING DEPT l.28.00 815 NORTH CAROLINA STATE UNIVERSITY CONFERENCE-PARK MAINTENANCE 240.00 9816 JEAN HARRIS CONFERENCE ADVANCE-CITY COUNCIL 200.00 29817 VOID OUT CHECK 0.00 29818 PATRICIA PIDCOCK CONFERENCE ADVANCE-CITY COUNCIL 200.00 29819 RADISSON HOTEL CENTER PLACE -CONFERENCE-PARKIRECREATION & NATURAL 256.36 RESOURCES STAFF 29820 UNIVERSITY OF MINNESOTA CONFERENCE-ENGINEERING DEPT 125.00 29821 KRAEMERS HARDWARE INC -ANCHOR BOLTS/CAULKING/PIPE TAPEIROPEI 1234.66 -DRILL BITSIBRASS FITTINGSIVALVES/PUMICE -BLOCKS/SPRAY BOTTLESIBATTERIESIHAMMERI -POWER RULEITRASH BAGSITIMER/UTILITY KNIFE/ -CLIPS/SPOONS/CORDSIBRUSHES/STREET ATLASESI -BLADESIMALLOT/SHOVELIBRACKETS/SANDPAPER/ -SPRAY PAINT/CLEANING SUPPLIESIPRUNERS/AIR -HOSE-FACILITIES DEPT/FIRE DEPT/EQUIPMENT -MAINT/PARK 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LESSONS 22.0C 29839 MARSHA TRAYNOR REFUND-SKATING LESSONS 19.0C 29840 MINNESOTA UC FUND 3RD QTR 92 UNEMPLOYMENT COMPENSATION 3186.8S 29841 METROPOLITAN COUNCIL CONFERENCE-ADMINISTRATION 30.00 29842 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 232.0C 29843 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 61.0l:: 29844 ADELINE BRAMWELL REFUND-PROGRESSIVE DINNER-SENIOR PROGRAMS 6.0C 29845 LEONA HANSEN REFUND-PROGRESSIVE DINNER-SENIOR PROGRAMS 6.0e 29846 BETH LIDSOE REFUND-PROGRESSIVE DINNER-SENIOR PROGRAMS 6.0C 29847 RUTH STODMANN REFUND-PROGRESSIVE DINNER-SENIOR PROGRAMS 6.0C 29848 BEITU WIGLEY REFUND-OUTDOOR CENTER RENTAL 69.2~ 29849 TIM JOHANSON REFUND-GYMNASTICS CLASS 19.0C 29850 EDEN PRAIRIE CHAMBER OF COMMERCE CONFERENCE-HUMAN RESOURCES DEPT 15.0C 29851 AUTO-SOUND ENTRONIX RADIO REPAIR-EQUIPMENT MAINTENANCE 46.3~ 29852 RED WINGIWINONA TECHNICAL COLLEGE SCHOOL-WATER DEPT 1050.0C 29853 MINNESOTA DEPT OF HEALTH CONFERENCE-WATER DEPT 135.0C .854 DOUGLAS TENPAS CONFERENCE ADVANCE-CITY COUNCIL 200.0C 833312 ~5LIO DECEMBER 8.1992 29855 AT&T CONSUMER PRODUCTS DIV SERVICE 142 29856 AT&T SERVICE 17 29857 AT&T CREDIT CORPORATION SERVICE . .76 29858 NORTHERN STATES POWER CO SERVICE 19857.26 29859 U S WEST CELLULAR INC SERVICE 415.27 29860 U S WEST COMMUNICATIONS SERVICE 5342.30 29861 STEVE YOUNG -GAS/CANOE TRIP GUIDE-OUTDOOR CENTER 80.46 PROGRAM 29862 ALL AMERICAN BOTTLING CORP MIX 42.70 29863 DAY DISTRIBUTING COMPANY BEER 9681.90 29864 EAST SIDE BEVERAGE CO BEER 13786.05 29865 MARK VII DISTRIBUTING COMPANY BEER 11993.15 29866 MIIMEST COCA COLA BOTTLING CO MIX 620.42 29867 PEPSI COLA COMPANY MIX 610.45 29868 POGREBA DISTRIBUTING INC BEER 178.00 29869 THORPE DISTRIBUTING COMPANY BEER 21018.85 29870 EAGLE WINE CO WINE 1334.82 29871 GRIGGS COOPER & CO INC LIQUOR 18308.81 29872 JOHNSON BROTHERS LIQUOR CO LIQUOR 28039.13 29873 ED PHILLIPS & SONS CO WINE 15463.41 29874 PAUSTIS & SONS CO WINE 184.50 29875 PRIOR WINE CO WINE 4274.12 29876 QUALITY WINE & SPIRITS CO LIQUOR 22856.01 29877 REBAR FAB INC -REBAR & TIES FOR CONCRETE BRIDGE PIERS-37.00 PURGATORY CREEK TRAILS 29878 JASON H AMBORN FIRE CALLS 1446.00 29879 DOUGLAS ANDREWS FIRE CALLS .00 29880 JOHN BENIK FIRE CALLS 1 .00 29881 JAY BOHLEN FIRE CALLS 834.00 29882 GERALD BOHN FIRE CALLS 1573.00 29883 LANCE BRACE FIRE CALLS 1604.0C 29884 SPENCER CONRAD FIRE CALLS 3084.0C 29885 GENE DAHLKE FIRE CALLS 1452.0C 29886 TROY DANIELSON FIRE CALLS 1l06.0C 29887 RICHARD DEATON FIRE CALLS 2300.0C 29888 JOSEPH R DOHENY FIRE CALLS 1134.0C 29889 LARRY DOIG FIRE CALLS 1960.0C 29890 PATRICIA ENFIELD FIRE CALLS 978.0C 29891 GEORGE ESBENSEN FIRE CALLS 1672.0C 29892 CHARLES FERN FIRE CALLS 636.0C 29893 MARK GANG I I I FIRE CALLS 1288.0C 29894 DAVID GIIl10RE FIRE CALLS 736.0C 29895 CHARLES GOBLE FIRE CALLS 1462.0C 29896 ROBERT GRANT FIRE CALLS 1206.0C 29897 ROBERT L GREEN INGER FIRE CALLS 1446.0C 29898 GREG GUNDERSON FIRE CALLS 930.0( 29899 RICK HAMMERSCHMIDT FIRE CALLS 1260.0( 29900 ALAN HANSON FIRE CALLS 774.0( 29901 DUANE HARRISON FIRE CALLS 1764.0{ 29902 ROBERT HAUGEN FIRE CALLS 1126.0( 29903 ,JOHN HOBBS ,JR FIRE CALLS 1932.0C 29904 WALTER ,JAMES FIRE CALLS 1°' 29905 ,JAIMS GLENN JOHNSON FIRE CALLS O( 29906 SCOTT JOHNSON FIRE CALLS 1 .O( 29907 WILLIAM D KARELS FIRE CALLS 1322.0( 21428996 ~-::-U ! o " DECEMBER 8.1992 29908 ~909 910 9911 29912 29913 29914 29915 29916 29917 29918 29919 29920 29921 29922 29923 29924 29925 29926 29927 29928 29929 29930 29931 29932 29933 29934 • 935 936 29937 29938 29939 29940 29941 29942 29943 29944 29945 29946 29947 29948 29949 29950 29951 29952 29953 29954 29955 29956 29957 29958 29959 29960 • 961 962 KENNETH W KOCH STEVE KOERING MICHAEL D LADEN REGAN L MASSEE BRIAN MCGRAW GARY MEYER THOMAS H MONTGOMERY JAMES MROZLA CURTIS OBERLANDER SCOTT OBERLANDER KEITH A OLSON OONALD OVERBEY JAMES PELTIER TIMOTHY PELTIER DEREK PETERSON MATTHEW A PHILLIPS BENNIT PITTSLEY GARY RADTKE JOHN RIEGERT JOHN ROCHFORD MICHAEL ROGERS ROBERT ROLFZEN TIM SATHER CHARLES SCHAITBERGER KURT W SCHENDEL ROGER SCHMIDTKE SCOTT SCHRAM TODD SKATRUD JOHN SKRANKA CHARLES G SMITH MARK SNETTING KIP SPRINGER JAMES SUNDBERG MICHELE SUNDBERG SCOTT TAYLOR MARC THIELMAN OOUG THIES TODD TOMCZIK RODNEY UTING MARK VANDENBERGHE FRANK J WEBER III SCOTT WILLIAMSON THOMAS WILSON FIRST BANK EDEN PRAIRIE VOID OUT CHECK WORDPERFECT MAGAZINE DEPT OF LABOR & INDUSTRY PLANNER PADS INC ADRIANA FOUNDATION SYRACUSE UNIVERITY FOCUS ONE HOUR PHOTO GOODWILL INDUSTRIES INC LEANNA HOLMS PRECISION TURF & CHEMICAL VALLEY PAVING INC 14821371 FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS PAYROLL 11-13-92 3 RING BINDERS-POLICE DEPT ENGINEERS LICENSE-COMMUNITY CENTER OFFICE SUPPLIES-RECREATION ADMINISTRATION PUBLICATION-ADAPTIVE RECREATION PROGRAM PUBLICATION-ADAPT'IVE RECREATION PROGRAM FILM/FILM PROCESSING-ASSESSING DEPT' OCTOBER 92 EXPENSES-SOLID WASTE MGMT SERVICE-HALLOWEEN PARTY -SOCIAL PROGRAMS FERTILIZER-PARK MAINTENANCE -SERVICE-RECONSTRUCT PRAIRIE CENTER DR/ REGIONAL CENTER ROAD 1622.00 876.00 1590.00 966.00 732.00 1906.00 2386.00 1254.00 2872.00 554.00 894.00 2076.00 2068.00 2144.00 1390.00 1054.00 1002.00 1530.00 1568.00 918.00 2374.00 1336.00 2258.00 2314.00 1140.0C 774.00 1506.0C 1814.0C 1134.0C 772.0C I 912.0C 1056.0C 486.0C 570.0C 1098.0C 1176.0C 1902.0C 1012.0C 702.0C 2575.0C 972.0C 642.0C 2322.0C 70496.0~ o.oc 19.9C 10.0e 29.4£ 16.0e 8.0C 179.0' 2169.m 29.2~ 12860.4< 1947.4f 29963 PETrY CASH -EXPENSES-CITY HALL/PARK MAINT/ADAPTlVE 86.67 RECREATION PROGRAM 29964 FEDERAL RESERVE BANK PAYROLL 11-13-92 SAVINGS BONDS 300.00 29965 FORTIS BENEFITS INSURANCE CO NOVEMBER 92 ·DISABILITY INSURANCE PREMIUM ~77 29966 GREAT WEST LIFE ASSURANCE CO PAYROLL 11-13-92 00 29967 GUARANTEE MUTUAL LIFE COMPANY NOVEMBER 92 LIFE INSURANCE PREMIUM 27 .02 29968 HENN CTY SUPPORT & COLLECTION SER PAYROLL 11-13-92 CHILD SUPPORT DEDUCTION 280.00 29969 HENN CTY SUPPORT & COLLECTION SER PAYROLL 11-13-92 CHILD SUPPORT DEDUCTION 225.69 29970 ICMA RETIREMENT TRUST-457 PAYROLL 11-13-92 2773.76 29971 INTERNAL REVENUE SERVICE PAYROLL 11-13-92 335.08 29972 INTERNAL REVENUE SERVICE PAYROLL 11-13-92 32.00 29973 INTL UNION OF OPERATING ENG NOVEMBER 92 UNION DUES 1270.00 29974 MEDCENTERS HEALTH PLAN INC DECEMBER 92 HEALTH INSURANCE PREMIUM 18350.30 29975 MEDICA CHOICE DECEMBER 92 HEALTH INSURANCE PREMIUM 43301.96 29976 MN STATE RETIREMENT SYSTEM PAYROLL 11-13-92 50.00 29977 EXECUTIVE DIRECTOR-PERA DECEMBER 92 LIFE INSURANCE PREMIUM 213.00 29978 EXECUTIVE DIRECTOR-PERA PAYROLL 11-13-92 80.00 29979 EXECUTIVE DIRECTOR-PERA PAYROLL 11-13-92 35410.13 29980 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 894.33 29981 UNITED WAY OF MPLS EMPLOYEE DONATION 223.55 29982 IAN CALDOW -GOLF INSTRUCTOR-FALL SKILL DEVELOPMENT 255.00 PROGRAM/FEES PAID 29983 MINNEGASCO SERVICE 12647.47 29984 MARTHA BIRKE REFUND-SWIMMING LESSONS 19.00 29985 TOM BOYCE REFUND-SKATING LESSONS 15.34 29986 JANET CONRAD REFUND-SWIMMING LESSONS 19.0C 29987 JOANN FOREMAN REFUND-SWIMMING LESSONS 17.00 29988 CHARLENE GOEMAN REFUND-SWIMMING LESSONS 17.5C 29989 ETHEL HOFFHINES -REFUND-HOLIDAY LUNCHEON-SENIOR CITIZENS 8.5C PROGRAM .OC 29990 MARILYN LACOURSE REFUND-DANCING LESSONS 29991 VIOLET LAPPIN REFUND-DANCING LESSONS 3.0e 29992 MARY SMITH REFUND-DEFENSIVE DRIVING CLASS 5.0e 29993 SUE VALITON REFUND-ADAPTIVE SWIMMING LESSONS 16.0e 29994 JOHN & JEAN M TEMAN INTEREST PAYMENT FOR LAND PURCHASED 1325.0E 29995 NATIONAL 1031 EXCHANGE CORP INTEREST PAYMENT FOR LAND PURCHASED 5250.0~ 29996 STATE TREASURER LICENSE FEE-SEWER DEPT 15.0e 29997 HOPKINS POSTMASTER POSTAGE-WINTER COMMUNITY PROGRAM BROCHURE 1499.9:: 29998 MN TEAMSTERS CREDIT UNION PAYROLL 11-13-92 25.0C 29999 UNITED WAY PAYROLL 11-13-92 162.5C 30000 FMAM-FSE CONFERENCE-BLDG INSPECTIONS DEPT 95.0C 30001 A TO Z RENTAL CENTER TRUCK RENTAL-POLICE DEPT 161.0:: 30002 ACOUSTICAL CONCEPTS INC CEILING TILE-CO~JNITY CENTER '122.6f 30003 ACTION THREADED PRODUCTS NUTS & BOLTS/DRILL BITS-WATER DEPT 40.6E 30004 AEF/CAPITAL COMMUNICATIONS TRAINING VIDEOS-UTILITIES DIVISION 1119.0C 30005 AIRSIGNAL INC -PAGER SERVICE-BLDG INSPECTIONS DEPT/FIRE 501.8: DEPT/POLICE DEPT 30006 AMERICAN PLANNING ASSN DUES-PLANNING DEPT 116.0C 30007 AMERICAN RED CROSS -RESCUE MANIKIN RENTAL/CPR TRAINING VIDEOS-69.2~ POOL LESSONS 30008 AMERICAN SOCIETY DUES-POLICE DEPT 75.0( 30009 AMERICAN WATER WORKS ASSOC PUBLICATIONS-WATER DEPT 45.1· 30010 EARL F ANDERSEN & ASSOC INC SIGNSIBRACKETS-STREET DEPT 762 .3~ 30011 ANDERSONS COMMERICAL SERVICES MOWING SERVICE-FORESTRY DEPT 74.5: 14052111 • DECEMBER 8.1992 30012 ASSN OF METROPOLITAN MEETING EXPENSES-ADMINISTRATION DEPT 50.00 30013 DON ATKINS HAY BALES-STREET DEPT/PARK MAINT 192.50 .0014 B & STOOLS -TEST LIGHTS/SCRAPERISAW/SCREWDRIVERIDRILL 513.95 -BIT/LOCKSIWRENCHESIMIRROR/IMPACT KIT & -EXTENSION/CHISEL-STREET MAINTIUTILITIES DIVISION 30015 BACONS ELECTRIC CO -LAMPS/EMERGENCY EXIT SIGNSIBATTERIESI 2806.24 -AUXlLARY CONNECT FOR STARTERIVALVE -REPAIRSIMETER & INSTALLATIONIBALANCED -CURRENT RELAY/LIGHT-UP ALARMS-WATER DEPT 30016 S H BARTLE'IT CO INC VALVE REPAIR KITS-COMMUNITY CENTER 133.57 30017 BAUER BUILT TIRE & SVC CTR WHEEL ALIGNMENTS-EQUIPMENT MAINT 192.00 30018 BELL ATLANTIC TRICON LEASING CORP -DECEMBER 92 COPIER LEASE AGREEMENT-POLICE 358.68 DEPT 30019 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 215.52 30020 CITY OF BLOOMINGTON -OCTOBER 92 KENNEL COSTS-ANIMAL CONTROL 692.00 DEPT 30021 BOBS LAWN & LANDSCAPING INC SOD RESTORATION-SEWER DEPT 1367.00 30022 BOYD OIL DISTRIBUTING OIL-EQUIPMENT MAINTENANCE 545.07 30023 BRAUN INTERTEC ENGINEERING INC SOIL EXCAVATION & LAB ANALYSIS-WATER DEPT 1556.50 30024 BROADWAY AWARDS -ENGRAVING/PLAQUES-COMMUNITY CENTER/ 384.16 RECREATION ADMINISTRATION 30025 PAUL BROWN FOOTBALL OFFICIAL/FEES PAID 493.00 30026 MAXINE BRUECK MEETING EXPENSESIMILEAGE-FINANCE DEPT 106.87 30027 BRYAN ROCK PRODUCTS INC GRAVEL-HIDDEN PONDS PARK 1707.63 30028 NATHAN D BUCK VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 368.00 30029 BURNSVILLE SANITARY CO WASTE DISPOSAL-STREET MAINTENANCE 240.00 30030 CAPITOL COMMUNICATIONS RADIO REPAIR-POLICE DEPT 50.00 .031 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL-STREET DEPT 2351.52 032 CARLSON & CARLSON ASSOC -OCTOBER 92 EMPLOYEE ASSISTANCE-HUMAN 80.00 RESOURCES DEPT 30033 VICTOR CARLSON & SONS INC -FOUNDATION REPAIR/CATCH BASINS/CONCRETE 19541.40 PAVING-ROUND LAKE PARK SHELTER & PAVILION 30034 CARTRIDGECARE INC PRINTER INK CARTRIDGES-CITY HALL 83.07 30035 CENTRAIRE INC -CLEANED BURNERSIHEAT EXCHANGER & BLOWERS/ 190.1:3 CHANGED FILTERS-LIQUOR STORES 30036 AARON CLARK BASKETBALL OFFICIAL/FEES PAID 72.0C 30037 BILL CLARK OIL CO INC LUBRICANT/OIL-WATER DEPT 501.92 30038 JAMES G CLARK NOVEMBER 92 EXPENSES-POLICE DEPT 200.0C 30039 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-REMODELING CPT BLDG FOR CIVIC CTR 23418.4E 30040 COMMISSIONER OF TRANSPORTATION -SERVICE-TRAFFIC SIGNAL AT HWY 5 & EDEN 559.2S PRAIRIE ROAD 30041 CONTINENTAL SAFETY EQUIP INC SAFETY CAP RATCHETIHEAD BAND RATCHETS-23.67 30042 COPY EQUIPMENT INC -OFFICE SUPPLIES-ENGINEERING DEPT/PARK 535.5t: MAINTENANCE 30043 CORPORATE RISK MANAGERS INC DECEMBER 92 INSURANCE CONSULTANT 700.0( 30044 CINDY CRAWFORD CRAFT SUPPLIES-AFTERSCHOOL PROGRAM 25.4~ 30045 CROWN PLASTICS INC PLASTIC-PARK MAINTENANCE 80.9C 30046 CRYSTREEL DIST INC -SNOW PLOW EDGE WINGSIHYDRAULIC SIDE 5706.1:: SHIFTS & INSTALLATION-STREET DEPT " 30047 CUB FOODS EXPENSES-FIRE DEPT 20.0C I 30048 CURTIS INDUSTRIES INC SEALS-EQUIPMENT MAINTENANCE 22.lE 30049 DALCO CLEANING SUPPLIES-WATER DEPT 351.6f 30050 CRAIG W DAWSON EXPENSESIMILEAGE-ADMINISTRATION DEPT 64.5C .650052 ;)~-{I! ,I ,,\ -".:, '11.,. I 'DECEMBER 8.1992 30051 DEM CON LANDFILL INC WASTE DISPOSAL-STREET MAINTENANCE 340.00 30052 DPe INDUSTRIES INC FLUORIDE-WATER DEPT 11 33 30053 DAVID DUNBAR MILEAGE-LIQUOR STORE 00 30054 LONNIE DUPRE OUTDOOR CENTER PROGRAM INSTRUCTOR/FEES PAID .00 30055 DYNA SYSTEMS -SCREWS/CONNECTORSIBINS/SOCKET HEADSIWIRE 348.71 NUTS-WATER DEPT 30056 EASTMAN KODAK COMPANY -OCTOBER 92 COPIER MAINTENANCE AGREEMENT-1079.25 CITY HALL 30057 EDEN PRAIRIE CHAMBER OF COMMERCE CONFERENCE-HUMAN RESOURCES DEPT 32.00 30058 EDEN PRAIRIE FORD -FAN CLUTCHIWATER PUMPITUBES/SPEEDOMETER/ 619.93 CLAMPSIRESERVOIR FITTING-EQUIPMENT MAINT 30059 EDEN PRAIRIE SCHOOL DIST 272 EXPENSES-COMMUNITY SERVICES DEPT 63.00 30060 CITY OF EDINA OCTOBER 92 WATER TESTS-WATER DEPT 290.00 30061 ELECTRICAL MECHANIAL SERVICES MOTOR-WATER DEPT 143.78 30062 ELIM SHORES -PROGRESSIVE DINNER-SENIOR PROGRAMS/FEES 450.00 PAID 30063 ELVIN SAFETY SUPPLY INC -RUBBER BOOTS/GLOVES/CALIBRATION CYLINDER/ 151.32 RAIN JACKETS-WATER DEPT 30064 CHRIS ENGER NOVEMBER 92 EXPENSES-PLANNING DEPT 200.00 30065 EPR INC WASTE DISPOSAL-PARK MAINTENANCE 132.78 30066 ERICHSEN UPHOLSTERY RE-UPHOLSTERED OFFICE CHAIRS-POLICE DEPT 286.96 30067 DELANO ERICKSON ARCHITECTS -SERVICE-COMMUNITY CENTER ADDITION/ 5082.00 -COMMUNITY CTR PLAZA & PARKING PROJECT/ HIGH SCHOOL LOCKER ROOMS 30068 ESS BROTHERS & SONS INC MANHOLE METAL LIFT RINGS-SEWER DEPT 2438.85 30069 RON ESS HOCKEY OFFICIAL/FEES PAID 50.00 30070 TIMOTHY JOHN ESS HOCKEY OFFICIAL/FEES PAID 115.00 30071 EXPRESS MESSENGER SYSTEMS INC -POSTAGE-CITY HALL/S W METRO TRANSIT-TO BE .56 REIMBURSED 30072 FAIRVIEW BLOOD TESTS-POLICE DEPT 63.40 30073 FEED RITE CONTROLS INC CHLORINE-WATER DEPT 890.03 30074 FIDELITY PRODUCTS CO OFFICE SUPPLIES-PARK PLANNING DEPT 137.68 30075 FIRST TECH COMPUTER COMPUTER REPAIR-HUMAN RESOURCES DEPT 399.57 30076 FISHER ENTERPRISES SAND-SEWER DEPT 75.00 30077 FLAGSHIP ATHLETIC CLUB MEETING EXPENSES-ADMINISTRATION DEPT 19.9S 30078 FLAHERTYS HAPPY TYME COMPANY SUPPLIES-LIQUOR STORES 300.0C 30079 FLEET MECHANICAL SERVICES -SPRINGSIBOLTS/FILTERS/ADJUSTED STEERING 1776.8C -GEARSITRANSMISSION SERVICEDIHEADLIGHTS REPLACED-EQUIPMENT MAINTENANCE 30080 JOHN FRANE NOVEMBER 92 EXPENSES-FINANCE DEPT 200.0C 30081 LYNDELL F FREY VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 192.00 30082 G T LAWN SERVICE OCTOBER 92 MOWING SERVICE-FORESTRY DEPT 265.00 30083 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 3800.0C 30084 GBS INVESTMENT REFUND-OVERPAYMENT UTILITY BILLING 2721.3~ 30085 GET/GO DECALS-COMMUNITY CENTER CONCESSION 54.0C 30086 THE GLIDDEN COMPANY ROLLERSIBRUSHESITRAY LINERS-WATER DEPT 220.31 30087 GME CONSULTANTS INC SERVICE-COMMUNITY CENTER ADDITION 4062.7E 30088 GOPHER STATE ONE-CALL INC OCTOBER 92 SERVICE-UTILITIES DIVISION 177.5C 30089 GNERER WELDING INC MOTOR/CONTROL-EQUIPMENT MAINTENANCE 294.E 30090 GOPHER SIGN CO SIGN POSTS-WATER DEPT 1975.5E 30091 W W GRAINGER INC -SEAh~TITAPEITAPPING FLUID--EQUIPMENT 170.6E MAINTENANCE 30092 ALAN GRAY -SEPTEMBER 92 EXPENSES/LICENSE-ENGINEERING In DEPT 30093 THE DALE GREEN CO BLACK DIRT-DRAINAGE CONTROL-STREET DEPT .5f 3195455 ~6lfS DECEMBER 8.1992 30094 GTE DIRECTORIES ADVERTISING-COMMUNITY CENTER 72.90 30095 GUNNAR ELECTRIC CO INC -STREET LIGHT REPAIR/EXTENSION CORD-STREET 161.33 .096 DEPT/EQUIPMENT MAINT HANSEN THORP PELLINEN OLSON INC SERVICE-MILLER PARK 19931.25 30097 JIM HATCH SALES CO SNOW SHOVELS-PARK MAINTENANCE 51.12 30098 TIFFANY HAUSER MILEAGE-LIQUOR STORES 8.50 30099 LAURIE HELLING -MILEAGE/EXPENSES-SOCIAL EVENTS PROGRAM/ 61.25 RECREATION ADMINISTRATION 30100 HENNEPIN COUNTY TREASURER POSTAGE-VOTER REGISTRATION VERIFICATIONS 473.57 30101 HENNEPIN COUNTY TREASURER -SEPTEMBER 92 BOARD OF PRISONERS-POLICE 2465.15 DEPT 30102 HENNEPIN COUNTY PUBLIC RECORDS -FILING FEE-ENGINEERING DEPTIHOUSING 177.00 REHABILITATION PROGRAM 30103 STEVE HIGLEY VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 624.00 30104 HOLOGRAPHIC LABEL BOOKMARKERS FOR FIRE PREVENTION-FIRE DEPT 1126.34 30105 HONEYWELL INC -NOVEMBER 92 INDUSTRIAL MAINTENANCE 1200.00 AGREEMENT-WATER DEPT 30106 HONEYWELL PROTECTION SERVICES -SECURITY SYSTEM MAINTENANCE AGREEMENTS-565.25 SENIOR CENTER/LIQUOR STORE 30107 HUDSON MAP COMPANY STREET ATLASES-WATER DEPT 35.04 30108 INDUSTRIAL LIGHTING SUPPLY INC LAMPS/FLUORESCENT LIGHTS-WATER DEPT 737.17 30109 INLAND TRUCK PARTS CO -ELBOWS/RODSIWASHERS & NUTS-EQUIPMENT 55.87 MAINTENANCE 30110 INSTY-PRINTS CARDS /BUSINESS CARDS/FORMS-HUMAN RESOURCES 370.92 30111 INTERIM PERSONNEL SERVICES SERVICE 2929.50 30112 GARY ISAACS -VOLLEYBALL OFFICIAL & OFFICIALS 252.0C COORDINATOR/FEES PAID ti113 LYNNETTE ISAACS VOLLEYBALL OFFICIAL/FEES PAID 24.0C 114 DEAN R JACOBS EXPENSES-ASSESSING DEPT 6.0C 0115 BRENDA JERDE VOLLEYBALL OFFICIAL/FEES PAID 176.0C 30116 JOHNSON/ANDERSON INC LETTERHEAD-CITY HALL 331.9E 30117 E F JOHNSON CO RADIO REPAIR-FIRE DEPT 2030.1E 30118 CARL JULLIE EXPENSES-ADMINISTRATION DEPT 56.0C 30119 KOCH BUS SERVICE INC BUS SERVICE-ADULT PROGRAMS/FEES PAID 347.7C 30120 KOKESH ATHLETIC SUPPLIES INC -VESTS/NUMBERS/STOP WATCHIREFEREE SHIRT-162.2<; ORGANIZED ATHLETICS PROGRAM 30121 JEFFREY KOVASH VOLLEYBALL OFFICIAL/FEES PAID 112.0C 30122 RON KRUEGER & ASSOC INC SERVICE-TOPOGRAPHIC SURVEY l850.0C 30123 LAB SAFETY SUPPLY SHIPPING CHARGES-WATER DEPT ll26.0{ 30124 LAGERQUIST CORPORATION HYDRAULIC SAFETY TEST-WATER DEPT 156.0C 30125 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 1307 .4~ 30126 LANIER WORLDWIDE INC VCR REPAIR-POLICE DEPT ·120.7f 30127 LARKIN HOFFMAN DALY & -OCTOBER 92 LEGAL SERVICE-WETLAND PERMIT 1620.0C ISSUES 30128 LAW ENFORCEMENT TV NETWORK DECEMBER 92 TV NETWORK SERVICE-POLICE DEPT 388.0C 30129 LEAGUE OF MINNESOTA CITIES DUES-CITY COUNCIL l3902.0< 30130 BILL LEMPESIS MILEAGE-LIQUOR STORE 136.0( 30131 BECKY LESKE SERVICE-ASSISTANT PROGRAM SUPERVISOR 200.0< 30132 LINHOFF CORPORATE COLOR SLIDES/FILM PROCESSING-PARK MAINTENANCE 128.0 30133 LIONS TAP GIFT CERTIFICATES-ORGANIZED ATHLETICS DEPT 150.0( 30134 LOFT CLASSICS SWEATSHIRTS-SKATING RINKS 527.51 30135 LYMAN LUMBER CO TIMBERS-PARK MAINTENANCE 114.01 30136 MACQUEEN EQUIPMENT INC -SNOW PLOW WINGS/SPINNER DISC-STREET MAINT/ 11002.5 .137 EQUIPMENT MAINTENANCE RODERICH MACRAE MILEAGE/GAS-OUTDOOR CENTER PROGRAMS 64.3 6733686 (1~' J~ 0\ ..)L DECEMBER 8.1992 30138 30139 30140 30141 30142 30143 30144 30145 30146 MATEJCEKS MATTS AUTO SERVICE INC SUE MCCARVILLE MCGLYNN BAKERIES INC AHMAD MCGOWAN CARLSTON B MCKENZIE III MCNEILUS STEEL INC MEDICAL OXYGEN & EQUIP CO MENARDS 30147 METRO LEGAL SERVICES INC 30148 METROPOLITAN MECHANICAL 30149 METROPOLITAN WASTE CONTROL COMM 30150 VOID OUT CHECK 30151 MIDWEST ASPHALT CORP 30152 MIDWEST BUSINESS PRODUCTS 30153 MIDWEST TELETRON INC 30154 MINNCOMM PAGING 30155 30156 30157 30158 30159 30160 30161 30162 30163 30164 30165 MINNEGASCO INC M A U M A MINNESOTA BAR SUPPLY INC MN CONWAY FIRE & SAFETY MN CORRECTIONAL INDUSTRIES MN DEPT OF PUBLIC SAFETY-OISM MINNESOTA EQUIPMENT CO MN RECREATION & PARK ASSN MINNESOTA RURAL WATER ASSN MN SUBURBAN PUBLICATIONS MINNESOTA VALLEY LANDSCAPE INC LOADER-PARKS DEPT TOWING SERVICE-POLICE DEPT MILEAGE-COMMUNITY CENTER EXPENSES-ROUND LAKE BEACHES BASKETBALL OFFICIAL/FEES PAID SOFTBALL & BASKETBALL OFFICIAL/FEES PAID STEEL FOR PLOW REPAIRS-EQUIPMENT MAINT OXYGENIHELIUM-FIRE DEPT -SCRAPER/GLOVES/CAULKING GUNS/ROOF CEMENT/ -FASTENERSlTooL BOXESITIMBERSIMASON BIT/ -PAILIWASTEBASKET/COIL CORDS/SHELVES- -FACILITIES DEPT/STREET DEPTIPARK MAINT/ LIQUOR STORE -TRACT SEARCH-HOUSING REHABILITATION PROGRAM ROOF DRAIN REPAIR-COMMUNITY CENTER DECEMBER 92 SEWER SERVICE -ASPHALT/SNOW REMOVAL-STREET DEPT/PARK MAINTENANCE -OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ OUTDOOR CENTER HEADSET REPAIR-CITY HALL . -NOVEMBER 92 PAGER SERVICE-STREET MAINT/ WATER DEPT SERVICE-ROUND LAKE PARK DUES-ADMINISTRATION DEPT SUPPLIES-LIQUOR STORES FOG NOZZLE-WATER DEPT TRUCK LADDERS-EQUIPMENT MAINTENANCE COMPUTER SERVICE-POLICE DEPT TURBO NOZZLE-WATER DEPT CONFERENCE-ORGANIZED ATHLETICS DEPT DUES-WATER DEPT EMPLOYMENT ADS-COMMUNITY CENTER -TREE FURNISHED & PLANTED-CEDAR RIDGE & CORRAL LANE IMPROVEMENTS 30166 30167 30168 30169 30170 30171 30172 30173 30174 30175 BETH MUNDY CONFERENCE-POLICE DEPT NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-POOL LESSONS NATIONAL LEAGUE OF CITIES DUES-CITY COUNCIL JAN NELSON MINUTES-HUMAN RIGHTS & SVCS COMMISSION JIM NELSON LABELS-LIQUOR STORE NOTT COMPANY LIME SILO BINDICATORS-WATER DEPT OCHS BRICK & TILE CO REINFORCEMENT RODS-PARK MAINTENANCE OPPORTUNITY WORKSHOP INC SERVICE-ROUND LAKE PARK PARAGON CABLE MPLS SERVICE-POLICE DEPT P & H WAREHOUSE SALES INC -CONNECTORS/IRRIGATION HEADS REPAIREDIWIREI VALVES/COVERS-PARK MAINTENANCE 30176 PEAK STAFFING INC MINUTES-HISTORICAL & CULTURAL COMMISSION 30177 PEDERSON SELLS EQUIPMENT CO INC -HYDRAULIC FITTINGS/COUPLINGS/CONTROL 30178 PENNWELL BOOKS 30179 PITNEY BOWES INC 30180 LESTER PETERSON FLOOR SERVICE 2331!5465 VALVES-EQUIPMENT MAINTENANCE PUBLICATION-FIRE DEPT COPIER MAINTENANCE AGREEMENT-POLICE DEPT -SERVICE-SANDING & REFINISHING 3 RACQUETBALL COURTS-COMMUNITY CENTER 48309.47 158.35 .g 58.50 404.75 1244.27 271.95 208.54 40.00 111.70 169118.00 0.00 1996.38 892.13 13.00 38.88 185.06 25.00 1181 74 .50 990.0C 96.1E lS.0C 160.0C 191.2E 300.0C 38.5C 144.7E 2202.0( 75.0C " 156.2E 431.1E 8.9E 240.0( 42.8C 424.6C 71.2~ 264.9~ DECEMBER 8.1992 30181 PRESTO CLEANING SYSTEMS CARPET CLEANING-LIQUOR STORES 400.00 .182 PREVENTION PLUS INC INJURY PREVENTION TRAINING-FIRE DEPT 467.74 183 PROFESSIONAL COMPUTER SERVICES COMPUTER REPAIR-POLICE DEPT 75.00 30184 PROFESSIONAL DEVELOPMENT GROUP IN SEMINAR-CITY STAFF 5726.25 30185 PUBLIC SERVICE COMPUTER SOFTWARE -PUMP SIMULATOR SYSTEMITACTICS SIMULATOR 1004.85 SYSTEM-FIRE DEPT 30186 R & R SPECIALTIES INC -CLAMP /ZAMBONI BLADES SHARPENED-COMMUNITY 56.28 CENTER 30187 RAINBOW FOODS -EXPENSES-CITY COUNCIL/OUTDOOR CENTER 39.08 PROGRAMS 30188 REACH EQUIPMENT -SHIELDSIBLADE GUIDESIMARKER KITS/CUTTING 540.93 EDGES-EQUIPMENT MAINTENANCE 30189 RITZ CAMERA -FILM/FILM DEVELOPING-POLICE DEPT/FIRE 43.12 DEPT/STREET MAINTENANCE 30190 ROLLINS OIL CO GAS-EQUIPMENT MAINTENANCE 7700.1~ 30191 ROTO ROOTER -CLEANED SEWER LINES/INSTALLED BACKWATER 202.0C BALL-SEWER DEPT 30192 RYANS RUBBER STAMPS RUBBER STAMP-PARK MAINTENANCE 14.90 30193 SAFETY-KLEEN CORPORATION -CLEANING SUPPLIES/CARBURETOR CLEANER-PARK 284.0~ MAINTENANCE/EQUIPMENT MAINTENANCE 30194 SANCO INC CLEANING SUPPLIES-COMMUNITY CENTER 55.04 30195 RUSSELL J SAULON SERVICE-STARING LAKE AMPHITHEATRE 74.8C 30196 SCHMIDT READY MIX INC CEMENT-STREET MAINT/DRAINAGE CONTROL 167.8~ 30197 KEVIN SCHMIEG OCTOBER 92 EXPENSES-BLDG INSPECTIONS DEPT 200.0C 30198 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT 76.9C 30199 SEARS MICROWAVE OVEN-OUTDOOR CENTER 179.6~ 30200 SENSIBLE LAND USE COALITION CONFERENCE-PLANNING DEPT 30.0C .201 SHERWIN WILLIAMS -PAINTIBRUSHESIBRUSH ROLLER CLEANER/POLE-146.1i WATER DEPT 30202 ALAN SHILEPSKY CONSULTING INC -SERVICE-COMPUTER CONSULTATION-EQUIPMENT 42.0C MAINTENANCE 30203 SHINGOBEE BUILDERS INC -SERVICE-COMMUNITY CENTER 2ND ICE SHEET/ 477171.4~ COMMUNITY CENTER FRONT ENTRY 30204 SIGNATURE CONCEPTS INC SWEATSHIRTS-POLICE DEPT 175.0< 30205 PETER N SMITH VOLLEYBALL OFFICIAL/FEES PAID 112.0( 30206 W GORDON SMITH CO PROPANE GAS-EQUIPMENT MAINTENANCE 66.2: 30207 SHERPA -3RD QTR 92 SERVICE-COMMUNITY SERVICES 2775.5< DEPT 30208 SOUTHWEST SUBURBAN PUBLISH INC -EMPLOYMENT ADS-COMMUNITY CENTER/LIQUOR 274.0< STORE/ICE RINKS 30209 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL 1611. 4f 30210 SPORTS WORLD USA WHISTLES-COMMUNITY CENTER 15.91 30211 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPT/WATER DEPT 179.31 30212 THE STATE CHEMICAL MFG CO AIR FRESHENER-WATER DEPT 340.8· 30213 STERLING GROUP INC 2ND GTR REAL ESTATE CONSULTING SERVICE 18200.0( 30214 STREICHERS PROFESSIONAL POLICE EG IGNITION OVER-RIDE SYSTEM-EQUIPMENT MAINT 95.7· 30215 STROMBERG/ABE DIVISION -TIME RECORDER MAINTENANCE AGREEMENT-116.0' POLl CE DEPT 30216 NATALIE SWAGGERT NOVEMBER 92 EXPENSES-HUMAN RESOURCES DEPT 215.3 30217 TLC CAFE EXPENSES-CABLE COMMISSION 114.5 30218 TARGET STORES -POLAROID FILM-POLICE DEPT/PING PONG 537.4 PADDLES-ADAPTIVE RECREATION PROGRAM .0219 Y~THERINE A TEKIELA -FALL CRAFT INSTRUCTOR-SENIOR PROGRAM/ 551.0 -FALL SKILL DEVELOPMENT PROGRAM/OUTDOOR CENTER PROGRAM 52007868 1Sq~ DECEMBER 8.1992 30220 TENNANT COMPANY ROCKER SWITCH-EQUIPMENT MAINTENANCE 14.96 30221 THIRTY-THREE MINUTE PHOTO INC -FILM/FILM PROCESSING-PARK PLANNING/STREET .66 MAINTIWATER DEPT/COMMUNITY CENTER 30222 TOTAL REGISTER SYSTEM CASH REGISTER TAPE-LIQUOR STORE 53.89 30223 RUTH TOURVILLE CRAFT INSTRUCTOR-SENIOR CENTER/FEES PAID 26.00 30224 TRIARCO ARTS & CRAFTS INC FABRIC DECORATING KITS-AFTERSCHOOL PROGRAM 19.06 30225 '!WIN CITY OXYGEN CO -ACETYLENEIHELIUM/OXYGENILIQUIFIED CARBON 105.56 DIOXIDE-EQUIPMENT MAINT/COMMUNITY CENTER 30226 U S WEST COMMUNICATION SERVICES SERVICE 275.39 30227 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 164.75 30228 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 1003.62 30229 UNLIMITED SUPPLIES INC -SIGNS-STREET DEPT/NUTS & BOLTSIPIPE/ 1028.24 FITTINGS/PIPE REDUCERS-EQUIPMENT MAINT 30230 VALERIES FRESH FLOWERS EXPENSES-CITY HALL 50.60 30231 VlCOM INC WIRE MAINTENANCE AGREEMENT-COMMUNITY CTR 7.00 30232 TRIA VIKESLAND EXPENSES-ADAPTIVE RECREATION DEPT 15.70 30233 VIKING LABORATORIES INC CHEMICALS-COMMUNITY CENTER 245.42 30234 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER 250.73 30235 D F VIZECKY CONST CO -REPLACED GARAGE FLOOR & SIDEWALK-HOUSING 1176.00 REHABILITATION PROGRAM 30236 VOSS LIGHTING -PROJECTION LAMPS-FIRE DEPT/LIGHT BULBS-331. 77 PARK MAINTENANCE 30237 WATER PRO -OPERATING NUT ASSEMBLYIHYDRANT MARKERS/ 4253.72 -GATE VALVES/VALVE BOXES/GASKETS/NUTS & -BOLTS/METERS/MASONRY SAWBLADES/COUPLINGS/ PLUGS/WRENCH HANDLES-UTILITIES DIVISION 30238 WBCS -TYPESETTING-COMMUNITY PROGRAMS BROCHURE/ toe FORMS-HISTORICAL INTERPRETATION PROGRAM 30239 THOMAS E WEKO MILEAGE-POOL LESSONS .2f: 30240 SANDRA F WERTS EXPENSES-SENIOR PROGRAMS/SENIOR CENTER 44.9S 30241 WEST WELD ELECTRODES-EQUIPMENT MAINTENANCE 59.21 30242 WINDSONS REFUND-OVERPAYMENT UTILITY BILLING 59.1C 30243 WINGFIELD PERFORMANCE TRANSMISSION REPAIR-EQUIPMENT MAINTENANCE 97.8'i 30244 WARREN WOLF PUNCH/SOCKET-WATER DEPT 49.6E 30245 YALE INC -COMPRESSOR OIL CHANGED/INSTALLED BURNER 2075.0( MOTOR/MAINTENANCE AGREEMENT-WATER DEPT 11000 AMERICAN NATIONAL BANK BOND PAYMENT 179026.7£ 11000 NORWEST BANK BOND PAYMENTS 128762.5C 22000 MN DEPT OF REVENUE PAYROLL 11-30-92 14448.8E 22000 MN DEPT OF REVENUE PAYROLL 11-13-92 13869.71 33000 CITY COUNTY CREDIT UNION PAYROLL 10-30-92 5253.0C 33000 CITY COUNTY CREDIT UNION PAYROLL 11-13-92 5283.0( 44000 MN DEPT OF REVENUE OCTOBER 92 SALES TAX 42213.2~ 29157 VOID OUT CHECK 80.4E 29383 VOID OUT CHECK 297.9C 29422 VOID OUT CHECK 80.0C 29592 VOID OUT CHECK 1947.4C 29664 VOID OUT CHECK 177.5: 29670 VOID OUT CHECK 2169.0( 29684 VOID OUT CHECK 29.2~ 29750 VOID OUT CHECK 13258.1~ 38333959 • $1813772.7: ,'~i '0 f'\ v·Lf DISTRIBUTION BY FUNDS ..., GENERAL ~ CERTIFICATE OF INDEBT 12 CERTIFICATE DEBT FUND 15 LIQUOR STORE -P V M 17 LIQUOR STORE -PRESERVE 18 LIQUOR STORE -PRAIRIEVIE 20 CEMETARY OPERATIONS 21 POLICE FORFEITURE 25 TRANSIT SYSTEM 28 COMMUNITY BLDG FUND 31 PARK ACQUIST & DEVEIDP 37 CIC 2ND SHEET ICE 39 92 PARK REF IMP 44 UTILITY DEBT FUND 45 UTILITY DEBT FUND ARB 53 IMPROVEMENT DEBT FUND 60 IMPROVEMENT CONST FUND 62 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 COMMUNITY DEVELOP GRANT 90 TAX INCREMENT CONSTRUCTIO $1813772.75 • • 504165.54 48894.78 176.74 60917.21 48863.55 74482.61 265.00 31.20 106.17 23418.48 37.00 485236.27 19931.25 128762.50 145481.25 33368.75 300.00 559.29 50916.27 175359.34 1214.35 1240.00 10045.20 Amending Peddler's Ordinance • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 45-92 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 45-92 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 8th day of December, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 45-92, which is attached hereto, is approved, and the City Council fmds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. • C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. . D. That Ordinance No. 45-92 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on December 8, 1992. ATTEST: Douglas B. Tenpas, Mayor John D. Frane, City Clerk • . . Amending Chapter 5 -Peddlers CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 45-95 • AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPfER 5, BY AMENDING IN ITS ENTIRETY SECTION 5.37, A PROVISION REGULATING THE LICENSING OF PEDDLERS, TRANSIENT MERCHANTS AND SOLICITORS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance exempts out-of-state peddlers and solicitors from license fees, requires resident peddlers and solicitors to obtain a license and pay a license fee, prevents peddlers and solicitors from entering property when so posted, updates definitions and describes procedures in more detail. Effective Date: AITEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. Is/Douglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ---------------------------------------------- (A full copy of the text of this Ordinance is available from City Clerk.) • • I • ~"-.--' ----.--~ tt ~----.. ----.---.---.-----~-. ----------.-~.~-----.---. - i , _______ .. ~rJ7.. ----. ---lr-----.--. -.-- -... ----.. ---H---------·-··------·----.. ----.----.-----.. ------.. ------'- , , -----.----·--·--·-·--·-t+----------·-----.-----. .--.-. , ------it-----·------.---.-.... ------.... --.. -.--.... - ==-l~-~------=----=--· -- -------------~t---'-'-------. ----- ii '. -----.-------.t---.---------. -------. --. ! -. I --- ( c, MEMORANDUM TO; The Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Richard F. Resow, City Attorney DATE: December 3. 1992 RE: Denial of Peddler's Permit-Dan Delmeril.:o Lieutenant Bridger contal:ted our oft1ce in November regarding the application of Dan Delmerh:o for a peddler's permit. Lieutenant Bridger reviewed with me the facts that he has set forth in his November 27, 1 ~~2 memo. Based on the fa..:ts that Lieutenant Bridger set forth, we discussed sel':tion 5'()3 of the City Code. Section 5.03 subd. 5 sets forth the basis for refusal and revocation of licenses. This section provides as follows: The Coundl may, for any reasonable ~ause, refuse to grant any appiil:ation or revoke any license. No license shall be granted to a person of questionable moral chara(;ter or business reputation. Before revo..:ation of any license, the Coum.;il shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. Based on the information gathered by the polil:e department, the clerk's office sent Mr. Delmerico a letter informing him thut his applil.:ation had been denied. Mr. Delmerico contacted this offke regarding the denial and 1 informed him that if he wi~hed to have it reviewed by the Coull\;il he should submit a written request. which he has done. The ordinance reguires that the COUlll.:il have "reasonable (;uuse" to refuse to grant any application and that no Iir.:ense shall be granted [0 a person of questionable morul chara<.:ter or business reputation. • • • In determining whether or not to grant a license to Mr. Delmerico. the Council must evaluate the infonnation submitted in the November 27, 1992 memo. If the Council finds that the applicant is of 4uestionable moral character or business reputations, based on the infonnation submitted to the Council, it can refuse to grant the license. At the Council meeting Mr. Delmerico should be given the opportunity to present to the Council evidence or information that substantiates his daitn that the infonnation gathered by the Eden Prairie Police Department is false and/or any other infonnation supporting his application. The Council can, if it so desires. ask questions of either Mr. Delmerico or the City staff . • • -2- -f I I. '''J' i) v L: .. -:'\ ' " .t .. ~,' ~'\ • • • DATE: TO: FROM: M E M 0 NOVEMBER 27, 1992 CHIEF CLARK LT. BRIDGER SUBJECT: DENIAL OF PEDDLERS PERMIT-DAN DELMERICO A few weeks ago I received a packet from Pat Solie requesting that I review an application for a permit to solicit. The application was filed by Dan Delmerico. In checking with the Chaska Police Department I learned that someone representing Crown Products based in Bonner Springs, Kansas had inquired about an application to solicit in their City and was told that they would have to apply and be granted a permit before they could do so. I was advised that they failed to file an application and began to solicit without it. I was advised that on August 10, 1992 Chaska Police responded to a complaint and contacted one of the sales persons who was selling the product without permit.· The sales person then told Chaska Police that his supervisor had gotten permission from the City although he could not produce a permit. Chaska Police then contacted one of the company managers and advised of the circumstances and the need for a permit and was assured that it would not occur again. A verbal warning was given at that time. On August 11, 1992, Chaska Police received another report of suspicious solicitors wherein aggressive/high pressure sales tactics were being used and that false information was being given. The sales person had said that his product appeared in the Chaska City Newsletter and was backed by them. He also said that the product was safe. even if ingested. and would not harm anyone. The complainant had checked with Poison Control and learned that the product was poisonous and that it was caustic and could burn the skin on contact. Further, the Chaska City Newsletter never made such an endorsement. This information is taken from Chaska Police reports. It was Mr. Delmerico that contacted the City of Chaska inquiring about a permit application and was advised that a permit is required and failed to follow through. -{ ~. It was all of the above information and the fact that it was one of Mr. Delmerico's sale persons that was contacted by Chaska Police that I suggested to the Eden Prairie City Clerk's Office that the application submitted by Mr. Delmerico be denied. • • • City of Eden Prairie • ffices Executive Drive. Eden Prairie, MN 55344-3677. Telephone (612) 937-2262 • • Dan Delmerico 3425 Lake Shore Cove Chaska, MN. 55318 November 16, 1992 Mr. Delmerico, This letter is a written denial of your application for a peddlers permit in the City of Eden Prairie. Based on information gathered by the Eden Prairie Police Dept. you failed to obtain a oermit to solicite in the City of Chaska where you sold a oroduct which you claimed to be non-toxic which has been proven to be otherwise. You also claimed your product had been approved by the City of Chaska which was false . Based on the recommendation of our Police Dept. we are denying your application to solicite. If you have any questions you may contact me at 937-2262 ext. 231. Thank you, ') GJ~ Pat Soli e Licensing RecyCled Paper IU'I'Ll un ION FOR PEDDLERS &. SOLI ClTOHS LlCfilSE CITY Of EDEN PRAIRIE NAME (D.pl V'/l f{( leo TI A N ThD0"AS MIDDLE tJ -(i .J C~'-t J LAST J.-A\<:.e~l,,,(t' fIRST . C 1)1J~ l ) • HOXE ADDRESS 3 q 2 " -C 4../45 'L A) ~'\N 5:5 J J I{ STREET C1 TY STATE ZIP CODE HOME PHONE 4-45--4 ~/.I BUSINES PHONE._-=S_A.:-.-I/V....:..1.:::..G-____ BIRTH DATE i !!~ /59 .--.:......;....::.~----110NTH UAY r ~ SOCIAL SECURITY D 7f';'t,-·s 3-crOb() DRIVERS LICENSE # ?-£b 5J-crab/) STA TE.--!::k:..::~:.-·· __ HALE y' ·FE~~L~. ____ HA.IR COLOR '(3r j\J HEIGHT b J () WEIGHT () GO AGE IN YEARS53 .,..: ...... II'· BUSINESS DESCRIPTION AND PRODUCT OR SERVICES INVOLVED,_-=-C_·.,;::.J'...;:· A~l.:.::V_C.l.::./=--__ l.::...v;..::::O~')..:...:(L==----~~--!L/::::..·~o.:..;..I\/L:::'-:""'-_ IF EPPlOY£D. THE NAN£ AND ADDRESS OF EMPLOYER.~. __ .S~'-=f __ l-.:f_-_f_~_~---l·t~").!...l ::::,:)"'+, ...,::-€:..=cl.!...-______ _ \ ,.) -. ~ U l' ~) S : () (') OATE .. lJlO HOURS OF SELLING OR SOLICI!ING ____ ~ _____ -_______________ _ . . SOURCE OF SUPPLY OF PROPERTY TO BE SOLD_~('..:...V'...:D~W:..:..:....:I\l:...-'P~I"_~~cl=-.::.v~·ci..!...'-.::.~ ___________ _ METHOD OF DEL IVERY_---2CY=-..:....:D=· ._ . ...:C:.' __________ ~---------------::::::_ HAVE YOU EVER BEEN CONV ICTEO' OF A CRI~lE, MrSDEr-1EANOR, OR NON TRAFFIC VIOlATION?_·_!V_~ __ tL (IF YES, GIVE DETAILS ON REVERS~ SIDE) ·LIST THE LAST CITIES OR VILLAGES. NOT TO EXCEED FIVE. WHERE YOU HAVE CARRIED ON BUSINESS PRECEDING DATE OF THIS APPLICATION. (INCLUDE ADDRESS AND OATES WORKED)_ . V " f t-J f!. '1/\ L p ~ tC«. rrA" l ~ REGISTRATION FEE $5.00 -SUBMIT T\o() COP IES OF RECENT PHOTO 2!z x2!z (HEAD AND SHOULDERS). I AUTHORIZE INVESTIGATION OF ALL STATEMENTS CONTAINED IN THIS APPLICATION. I UNDERSTAND THAT ruE MISREPRESENTATION OR THE ONMISSION OF FAC1\S CALL~m. S.HA LL BE JUST CAUSE OF THE DENIAL OF THE REQUESTED LI CENSE. , ( M ~i DATE \ 0 -2. -1_ '=I? SIGNATURE I,i uU ~l . f) !l,IW'J [~ ** Certifica te of Insul-ance fOI-(~od:mens Compensa tion or a wri tten sta temen t from you tha. you are the sole Pl-opt"ietor and owner of said business and you do not require ~lorkmens Co.ilpensa tion. . "\.Jt \,fILL NOT ACCEPT THIS !,PPLICATION IF NOT FULLY CO:1PLETEO" ----------- , • Two City ~I PbUi CASE NO. INlnA( REPORT CXl Police Department Chaska. MN 55318 92-4450 FOLLOW·UP REPORT 0 I INCIDENT /OFFENSE STATUTE NO. fELOH-r ORO'. ""D. Pi1T( OAY OCCURRED ~ ... .. SELLING WITHOUT A PERMIT MONDAY \ .eIu,~ CITATION NO. ~ '.-9p'~ 4~: ra eITAnOHNO. . I~ iffi .~,,~, '~~Y T~A~~~~~~2 rillE A~~O~~EO IOA~~CCrvED I ~~h~/;~DTO I TIME COt.lM~T;~07 TO i~ IE~~nON3f ~~Jlm;~ 2316 SCHOOLMASTER ~RO IlU~' IoIUI.IQ'AS I 'rIM; ASSlGN'D I TIME ARAlVEO 1 TlMECLR D 1 1757 1806 1822 ca ~oNE A ALARM Y VISUAL T-o~ I\-IW)IO L-IN PERSON M-IoIAll ISH 01 Iql 71 I 1'+ STAT. I~~~.:. ~1~~footr...J\j.. ~~ ~~: ~ ISN 02 STAT. I ~;;FOn.~A<1eI I ~ ~ ~fStfO '?:;;C~, • Y-:'!'5!~ !",:: ....... .,. ISN 03 STAT. ~~NRtII u"-~..-.. .-ro~ASO~;:·_R ,.:::: I 1 , I LAST 1 FIRST (I'J I MiDDlE 1 008 V NAI.IE Rl.RT.OW ~ T. \.. STREET CIIY STATE ZIP H. PHONE C AOOAESS 2316 SCHOOLMASTER CHASKA MN 55318 368-4171 ADDITIONAL INI'ORIo4ATOWINCLUDE PARIONT INFO. II' JWENllEISONATURf:.IF RUNAWAY OR STOLE"! vE~ctE W Pl-«JNF. ,lr LAST I FIRST jMOOLE 100B NAIoiE LAIIT..ESS JEFF STREET CllY STATE Zp H. PHONE ADDRESS 0 AlJUIlIONAL .... ~v""''' .. liN; PARENT INFO .• IF JUVENIl£iSIGNATURE.IF RUNAWAY OR STOLEN VEHICLE W. PHONE ~:aT. ~~Pl;"Qt:!f'\'" FOR CROWN 'DR l'::; l~lJ:E LAST I ~IRST I MOOLE 1 009 01/18/59 NAIo4' nVT DANTF.T THDJ.!:AS I~~~k Km.T.V TNN CllY STATE :ZIP H.PHONE PT MIll 553-1e:nn "Ii' ?~A ADDITIONAI.IN(vnr"". •• "~UDE. PARENT II-lFO .• 1F JUVENILE/SIGNATURE. IF RUNAWAY OR STOLEN V~ICtE IW.I'HONE CROWl'l PRODUcrS I 109 W. 2ND ST SONNER SPRINGS KS 66012 CODE LAST .1 FIRST 11.A()()LJ; 100B NAIoiE :STREET CllY STATE ZP H. PHONE ADDRESS AOOITIONAlII-lFORMATIOrVNCLUDE PARENT INFO: q: JUVENIL!;.'SIGNATURE. IF RUNAWAY art SToLEN V€HICLE IW. PHOHE CODE lAST 1 FIRST I MIDDLE 1009 NAI.I~ STREET CITY AOORESS ~lTArE ;ZIP H.PHONE ADOITIONAlINFOOIolAT(jNINClUOS:; PAR6NT INFO. II' .11 IV'''''" ~J"r:"'''TUR£.IF RUNAWAY OR STOlEN VEHICLE W. f'l-()NE Ii llCeNse~. !AAK£J\lOOE\JY R. TCMIE01 STOLE"! VEHIClE OWNER'S SIGNATlJRE ~S: >-$TOLf" L~O$T ~OjA~ STOlEN DAI.lAGED TOTAL TOTAl.. ~ ... iCODE A!.IT. ITEIA Ut:;,-,,, .... rvro: INCl.UOE IA~. MODEL. Y£AR AND ......... 'IJ' • ...u MARKS SERIAL NO. VAlUE_ I~ ~ • : I RE~;~T ~;:~O~EA II ~r;:T':vE IIV" 1 n~viEWl=nRv REVIEWCATE I !;~=NO C01ll1ACT DATE Ci]INACTW£ " 4482307 11-10-92 02:32PM P002 #16 w !> i= < a:: a: < ;Z t..:HHl::it<..H t-'UL..lL.1::. 4482.5\::)(' P.03 ~~~tmenl [ CAn NO. 92-4450 ,. I c On 8/10/92 I received a report of a person selling door to door on Schoolmaster without a permit. ... . z I responded and found Jeff Lauless was doing so. Lauless told me his supervisor had gotten permission from the city, and was not given a penni t to carry. On 8/11/92 I contacted city personnel and found this not to be the case. I contacted a manager within the company that Lauless was representing i and informed him of the need for a permit. I also informed him of the sales tactics reported in ICR 92-4470. I was assured that this would not occur again. I explained that a tag would be issued next time. Attached to this report is the product info given to me by Lauless. 1fLf!! p R-95% 4482307 11-10-92 02:32PM P003 ~16 • • • P.B4 TtJ I ClTATIOII NO. arAl10H NO. IllME t;O"'O~: TO STAt /008 07 /11 /4.5 Z. ItPHO/£ 55318 44B-3071 WI'KlNE LlienE ooe STATE ZP It PHONE /TN"O,F, , RlJN.IWAy on S I W,I'IiO/£ COOE~ I COD 9iATO Ii. P!<ONE , RUIWIAY OR 3 rOl£N ~KCtf ,W.~NE IDOa Iw.PHOH& I AII8I CITY STArr lP • IOJNAVIAV OR 51 i leel<$( 110. 10"'" 1~r1-r-r---------------------+--------+-------J ·~rrlrr-~--------------~--·----+-------I gllll--~--------~--~~--~ R-73% ) Rp also said that the salesman was quite aggressive in his saleamanshi.,. * Also some tVPQ of safety da~a 9h •• ~ wa. di.pl&YQd to the rp. ~ Area was checked wi~h neg_resultu no other oa~1a on ~i. p~rs~"_ . ; 4482307 11-10-92 02:32PM P004 ~16 :.J • -.J of>. ~ of>. of>. CO N W, 1 DILUTION SCALE Waler' Concenlratll· • Water" ' ... '8' ................... , .... c. ".,.CotrI4!'n ......... 0 •••• 'Oto' Wood ''''"'''''1 ...... ,I' to I '-t"'. ~ ........... ~& "''''' .•••..••••.••• 11'-. C:loth""-"IiUN •...•••• "'.~ '...,. .. I1 ............... Mt, HI~I .. ~ ........... S ..... e,.. ... ~.h)oCW •..•.•• to to t ""' ..... 1 .............•• 1 ~, 0. ... ......" ".Llrw." •.••••. ~ ••••. ID.., 1 a ... ~/f'I' UOM 011. ••••••••••• 10'0 I "~"l~ ,M..,., ....... llo. ~, .••• , .......... ,,,, I ~OIl .•••••••••••• ' .. 1 1 ... 0.-0.C ............. 110' • .." .••• , ••• , ..•..•. ~1.' ~I .................. .JIIII '.I ........ "e-"'.u ..... JOIO' Two' •••••••.•.•.•. toIo1 • .....".,,"' ••••• 0 •••••• 1 .... , AI. c,.,. ... ' ... 0' _0' • ,: 10 IG' "' ....... 0 •••••••••• , .... ,..,,.., ~ .•••••••••. , •• fOlD I 'WDrftIII ~.,....,..., •••••• I •• S\A 1 Ca".,uc" • .,'na ........ 5 lD' ..... 10.1 .... 1..., •...... s .. , Olr" ..... h......... .10 100' •• CM" ................ 'ea' 0...-................. hoi C,.."..". ............... " t. , ..,..fwtA l&o-r. t1M411 .s.u"C_1 Avf1. ., •••.•.• , •.••.•. J... " ...... 0. .... , ...... ,~ 'II , '14I'Of' ~~ .......... 10'. , DO HOlllS~ FULl 5rAEHQf)< Ot-t (;I .... P.lnl. Fob.,t. and Fobo'V' .... «> HOI US! OIl: WoIlpaPtf: 5111<0. $.U, ... s...,. ... .,j low q<od .... 1 .. bolO 94""" Cor.etnlrat1:" • \014_ ... ~~o ........... 1 ,. I H .... "'.(IIW'O W..c ........ , YWI~ ••••••••.••••••. 110.0 , ..... ICO".~' .....•• '0 I. t ...... .,..,p.oo ........... ~1.1 l""'tlnQ..... .. .... 2' 10 1 eo-.,OfI atilt ........ III , •• StMkI ~... ..... ., to I ( .......... SUItt! • . ....• '(0 I ~ .. oA •.•.. '" tO~1 WI1l'40..., ....... ,.. 110 to, SPRAY "CLEEN" DOES NOT WORK UNLESS YOU USE IT! 50l)tt,ll''\ f1GTp,>ILICJlfrc t .,)1>1)11)'" /)~~6C#'it.-dG'.t<J ... ~4. s,,/.,~,v,.,n; S/NlAr .CLEf"'-.......... II p .. poo' dl..--Iellt4 I.d """"",ed D, pool •• ..."..., m.n ond ",·omen., oJ t(P<" 01 bus,.nIJ' tS\3.blr~; Ht1ftI u~ 10. l't(JlAat-.old at\d ~om~rcl.aI uels. ~ . r. . '.. '. ___ INSTlWCttOHS - - -• FDf bOll ... ulll. Un?Iy ~ SPRA.Y "CLCfN" :.i~ "''''0 ICco,e;no 10 ~ ..... ,"" .c~ on .. .::.e <I bolle SPIl.4Y ~ .Clf£."'-IV" ('101 harm g.hlled w(~cc. WIC\ pMrNnal\l ~p. Pili'll. .P wix-/ .... / • , .. Glf'(( CU~HINQ . ! c::.. II"., ~ ~ §V~A 'Y CLI:I:~·S I3f.ST "-;~ ~~'ff"ePlace§ (..-iIIII_.) the ... est~ I l..J. A~ /() '~"'I' ~ ~ ~ /".'".,'''' '. ~~ ."\: ~ ~ ~ ,:\ .. ~. • " ,~' ~-i. ~ \' . l. ~ ~;" ", I A / I ~ r7'.-r ~ " "' \..... , l'~':""''a .' ,~" ~ . Q)6 1/ ,,\', -_. /. < . ,/ -I~"-f >-~q" ~~-.8PIU'f .. -~ _ . "'W'.' ~ I r,' ,. z: . '. ' CLEfN I.~ , I '-J'o., ; +'0 ......./1. '.. .~ I. ~. ~/&-.:-.-'\-\ ~~ ... , ~'l/I ';) (11'.. f""'IIIIIIIIIf'h ~ \. ~& CROWJI PRO[)UrTS 109 West 2nd Street. Bonner Springs, lS '"012 9l}-lto\'--<l222 c;:.Q C."t~ .. ""g ana up'''Ohl0<),. SUll W'~. I/'I,",U'e of;)O pat\$ .. l1etlO , pioI1 $PRAy·CLECN";." ...... .,.. ...... W(onQU 01 YI"t.Per m~tvr"e& u needed ~ desire". ~lHEN uSING SHAMPOO IA,<C"' .... eS .ad tt>e 30 10 I mi ...... 10 ........ cNM 1aII_ -,"ompo. as ~ wiI~ ~e .... IlOt eerpel I' sl'l.J.rN)OO14 bot , .... 1.0 femav* t-)ctll i:-.ots.1Yre WItt"! IO'l"ller1tlQ 01 ..cuum. IIOTE; RV' •. &call &11. Trail'" Orlu1e-accordlnQl '-0 tn,LtuC11II)t'.1 ~ at)t)ly '0 )ISIl'Ce ",11.1\ ~rl1er. lhan w'.Pe wllh & c.lean cry ,lent'! FOR CLEANING GLASS: F~{j1:ST RESULTS. AWY SPIIA 'f -cLEfl/· 2" s1<oncilh.l<l ..,""'or ,$",.,,,,,1".'"'" ,ins, ..,~" nOI w.,.' OI'd pr)AJt'Rotl l •• OYENS. $TOVES , CRIUS e,ry No~~ 8<..." up to ~.',.. Souc:"-1Il>!>IY SPRAY -eLrEII-~.,.t.ty. ""'" 10 \ ,0 dlg'e", CQ< 5 ","~:.>$, .nd ,~.n .. 90 W p,~ . - ,,,,bog_ .,eu. ~ IS pIM. 9'0" w.....:o.-•. 1_04 mi,tO'S. ""'0 gil"'. elt. ClIvI. SPRA.Y -cL!1!.H"on .. I."P ....... a C:\LlIIl of ~.rtT\ water Id&SSO-"" lr.QcougP'tIy)'t'len BPply to suN'. wilh s.pra, bodll. c;b.:::71p UlOI"MiIC til Cloln ..• ~I city 1I'Jt1h c.J.oilt\ dty ck)lh 01 s.-qlJ1!:egteJ [ ""'oYgnly u .. r-o Cl .. " """,,p ClOGl. U.e 2'.' <"Hlglh. . I .{ '" IS~ TO CLEAN CARPUS AND FABRIC UPHOLSTERY: , To f~' I$lOo\l ./uf .... I,.. .. lpe)ty SPRAY -eLf EN-~al\ .oll 'btilCle bruin. AAel 'oosc"ing loi ,hln w1()C .orl enod )6"):} z to S to 10 to 30 to 120 to 1 • (Super H ••• y) I • IHuvy Dllty) 1 • fBis!e) 1 & (CArpet) -11 oz. CleAner· 1 qt. Vlter 6 oz. Clelnir • I qt. ~lter 3 oz. CleAn~r • \ qt. ~Iter 4 OZ, CleAner" 1 911. ~ter 1 tsp. Cleaner • I qt, Water 0 I to N 0 N W N "0 ::: "0 0 0 l1\ ~~ Ol 1(./\ :~ !SL=> ,_C.&I I1'\oOII$tlotfl (rom J,IJJ1ace .... lh clcan u"'isl'lIOWCI..tl~. SPRAY -eLlEN" ma," dllU\a~ .n...,eml weJet' 'Of u,e In shampoO tnlChl/"\H 10 dean Of 5t'.lW"J\POQ lar~er alu) 0( 1 & (Wlndow~l .. . ......... -. • • • n J: ]) (h ~ ]) iI o r ... n III • • III N DI & .... iI lSI "" CHASKA POLICE 4482307 P.06 1 ffilChaska l.5V Police Deparrtment 92-4470 Rp called to report what he called a suspicious saleslnao,and one that was trying to sell a product,and using false information to sell the product,and what the rp found out to be a cleaning agent reported to be safe but in fact is a poison. R-95% * * * * * * * * * * Salesman came to the rp door, and tried to sell him some cleaning agents,and displayed a brochure. Salesman said it was a safe product which if ingested woul~ not harm anyone. Rp described the person as in his 30's quite stocky in build well dressed in casual cloths,5 '11. At one poine he referred to his partner Jeff in a blue also selling in the area. He made reference to names such as Curt Carload,Carl Pohlad,and other well known people who he had sold his product to. He displayed a billfold with ~ large amount of cash in ie saying how people he has sold his product to go cO the bank, and pay hi~ cash for his wares. Product sells for 47.00. Salesman also said his product was in the City Newsletter and backed by them. Rp also made some reference that a dispatcher told him that a deputy had stopped this salesman on Schoolmaster checked him out and allowed him to continue his sales. OISPOS"tIONi * I checked with dispatch to see who may have talked to this salesman on Schoolm~ster but nothing is logged on there log sheet to show that,not saying this was not done just that it was not logged. * Rp called poison control to inquire of this product that was being sold as a non poison product,Po1son control informed him that it is poison that it contains caustic and may burn the skin on contact. * The product contains sodium metals and sodium dodecal benzene sulfonate. * Rp also said that the salesman was quite aggressive in his salesmanship. * Also some type of safety data sheet was displayed to the rp. * Area was checked with neg.results no other calls on this person. 4482307 11-10-92 02:32PM POb6 #16 • • • MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources ~ DATE: December 3, 1992 SUBJECT: Proposal from Mrs. H. R. Fowler, 13015 Riverview Road Attached to this memo are the November 5, 1992 unapproved minutes from the Cultural Commission, the October 19, 1992 unapproved minutes from the Heritage Preservation Commission, and the unapproved minutes from the November 16, 1992 Parks, Recreation and Natural Resources Commission. Also, attached is a November 11, 1992 memo from John Gertz, Historical Interpreter for the Heritage Preservation Commission, recommending the City Council not purchase the Fowler property under the current proposal, and a memo from Art Weeks, chairperson of the Heritage Preservation Commission. A third memo is from the Director of Parks, Recreation and Natural Resources outlining the proposal from Mrs. Fowler and the issues that should be considered with the proposal. The fmal attachment is a copy of the proposal from Mrs. Fowler and some additional information she has provided since that July 22nd proposal. On November 16th, the Parks, Recreation and Natural Resources Commission voted 7-0 to recommend the City Council reject the proposal in its present form, as it is not available for a park site. The main objections are the requirement of life estate for Mrs. Fowler's son and the requirement that two of the three homes must remain in tact and be used for the specific purposes outlined in her proposal. Commission members thanked Mrs. Fowler for her generous consideration and suggested that if Mrs. Fowler wished to reconsider some of the terms of the proposal, or if the archeological study of the site turned up new information on the site, the City Council may wish to reconsider acquisition of this parcel. BL:mdd fowlerl7 UNAPPROVED MINUTES EDEN PRAIRIE CULTURAL COMMISSION THURSDAY, NOVEMBER 5,1992 7:15 P. M. CITY HALL NO. CONFERENCE ROOM COMMISSION MEMBERS PRESENT: Deb Campbell Potter, Chairperson; Beth Beutell, Ron Case, Gerald Hoppe, Michael Kallas, Betty McMahon COMMISSION MEMBERS ABSENT: Don Atkins COMMISSION STAFF: Sandy Werts, Recreation Supervisor I. ROLL CALL The meeting was called to order by at 7: 15 p.m. by chair Deb Campbell Potter. IT. APPROVAL OF AGENDA The agenda was approved as presented. ill. APPROVAL OF MINUTES OF OCTOBER 1.1992 The minutes were approved as written. IV. PETITIONS. REQUESTS AND COMMUNICATIONS A. Proposal from Mrs. H. R. Fowler. 10315 Riverview Road Commission members discussed the Fowler property, which was toured on Saturday, October 24th. They felt that the property was beautiful for a park but questioned the historical significance since the house was built in the mid 1950's. Kallas expressed that small museums are hard to maintain financially and because of the layout of the house it would be costly to bring it up to ADA standards. Case felt that the cabin may be of some historical or architectual significance, but he saw the use of the property as a park and recreation issue. The commission discussed various proposals. Kallas inteIjected that Kurt Schweigert of Tellus was to be doing some preliminary archeological research and that Phase IT of the Cultural Resource Survey would be starting soon. Kallas will contact Gertz to see if archeological work had been done and if Schweigert had any information on existing standing structures. • • • • • • Unapproved Minutes Eden Prairie Cultural Commission November 5, 1992 B. The following preliminary findings were asked to be sent to the various commission and committees that will be dealing with this: • There appears to be significant Victorian area furnishings. The commission has asked for a copy of the inventory. • The property is beautiful and would make a very nice park. • There is a probability of prehistoric/native American archeological findings at the site. • There is limited structural significance. The commission questions the viability of the house for a museum because accessibility concerns. Also, the design is incompatible with the historic contents. MOTION: Moved by Kallas, seconded by Case, to send these preliminary findings to the Historic Preservation Commission, the Parks, Recreation and Natural Resources Commission, the Historic Sites Committee and the City Council. Motion approved unanimously. "Big Woods" Forest Remanent Update -McMahon had just met that evening with the "Big Woods" Steering Committee. They are trying to get under the umbrella of a tax except, non-profit organization. They are looking at the possibility of the Audubon Society. She is now the chair of the entire group, and she encouraged commissioners to join one of the committees. The committee would like to get more of a commitment from the City Council. The City Council is supportive of the effort, but still supports developers rights. Currently, they are trying to find someone with a "name" to draw the public to a fund raiser. The deadline to raise Monday is by May. McMahon feels if they raise half the cost, it might give them some leverage with the City Council. V. RECOMMENDATIONS AND REPORTS A. Reports of Commissioners 1. Performing Arts Committee -According to Beutell, the Performing Arts Ensemble met recently to discuss a dramatic production for 1993. Some of the ideas suggested were: "The Big River," "Into the Woods," "Company," "Fiddler on the Roof," and "Annie Get Your Gun." Campbell Potter suggested "Carnival." 2 UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION MONDAY, OCTOBER 19,1992 COMMISSION MEMBERS PRESENT: 7:15 P.M. CITY HALL Arthur Weeks, Chairperson; Sherry Butcher-Younghans, Mike Kallas, Bonnie Peterson, Stan Ross COMMISSION MEMBERS ABSENT: Frank Cardarelle, Patrice Carlson, Kathy Case, Arlene Marshall, , Mark Peterson, Marie Wittenberg EX OFFICIO: Jim Brown, John Rogers COMMISSION STAFF: John Gertz, Historical Interpreter VISITOR: Laurie Helling I. ROLLCALL The meeting was called to order at 7:25 p.m. by Art Weeks. There was no quorum. It was recommended that the meeting agenda and minutes from the previous HPC meeting be sent out a week early. It was also decided that a formal schedule be sent out confirming the upcoming meetings. II. APPROVAL OF AGENDA Recommendation to add an A. 3. to V., Old Business, discussions related to Photo Survey. It is essential to keep this on the agenda. III. APPROVAL OF MEETING MINUTES, SEPTEMBER 8 AND 21.1992 Because of the lack of a quorum, approval of meeting minutes will be deferred until November meeting. IV. REPORTS OF STAFF AND COMMISSIONERS A. Proposal of Mrs. H. R. Fowler A proposal was made to the city via Bob Lambert that Mrs H. R. Fowler is offering to sell her property on Riverview Road for 50% of the appraised value to preserve the site as the Fowler Victorian Museum. The home will be open to the Commissioners at 10:00 this Saturday for their evaluation 1 /1:. I '} ,\1,/" , \ .../ \Jr. • • • • • B. • of the property, and to determine if they would recommend its purchase to the City Council. The property is worth $800,000, thus a cost to the city of $400,000. Weeks passed out a copy of the Memorandum from Lambert to the Mayor and City Council. Included in this documentation is a request from Mrs. Fowler that she and her son be granted life estate, free from taxes. They would pay the utilities and maintainence. The caretaker would live in the guest house. The property will be surveyed in approximately 2 1/2 weeks. It was a concern of Kallas that the city already owns three other properties. Ross questioned if it would be possible to use some of the property now? Kallas mentioned that it was our pOSition to guide the City Council with our evaluation. Butcher-Younghans speculated on the types of artifacts on the property and how important would they be to our community/state. Schweigert interjected the thought of what would be the commission's opportunity if this property were sold to another party. Schweigert said that an archeology survey and recording could be done mid-to-Iate next week. We are scheduled to do 250 acres in Phase II. Schweigert said that some parts won't be completely surveyed by the end of this Spring. Riley is important. He felt it was better to do this property (Fowler) because of Purgatory Creek. It was agreed that Tellus should begin there. Enyironmental Resources Inyentory 1. Tellus Consultants, Inc. Proposal Gertz suggested to Bob Lambert that they consider using Tellus for this project. They met with three people from Tellus for discussion and a proposal will be done this week. They will be looking in the Southwest area of the city and the bluff area for unique natural features. Weeks asked if this would include ecological, landscape and woods sites. Tellus would outline what is needed, what could be done and they will have a complete draft in 60 to 90 days. 2 " . MEMORANDUM TO: Bob Lambert, Director of Parks, Recreation and Natural Resources FRor~ : John Gertz, Historical Interpreter ~ DATE: November 11, 1992 SUBJECT: Proposal from Mrs. H. R. Fowler, 10315 Riverview Road On Saturday, October 24th, members of the Heritage Preservation Commission, other City Commission members, and City staff visited the Fowler property. Since meeting with Mrs. Fowler on the 24th, the HPC has not met to dicuss her proposal, or evaluate the property. The next regularly scheduled HPC meeting is Monday, November 16th, at which time the Commission will make a recommendation regarding Mrs. Fowler1s proposal. However, based on my observations of the property and discussions with several of the HPC members, I can offer this cursory assessment of the site: ARCHITECTURE Generally, it was agreed that the sites structures would not meet existing federal, state or local criteria regarding architectural significance. To meet minimum standards for designation as a significant structure, the structure must be fifty years old, or older. Historical significance of the structure is determined by architectural style, occupants, and events. Of the three dwellings that exist on the property, the 1930 l s Rustic Style cottage built by Mr. Fowler is the most significant. However, several additions to the cottage have compromised the buildings architectural integrity, minimizing its significance. The other two dwellings do not meet minimum criteria for evaluation as historically significant sites. COLLECTIONS The antique collections owned by Mrs. Fowler appears extensive. Most rooms in her home exhibit pieces of the collection and taken as a whole represent a considerable value. It was noted that as a musuem collection, the pieces were disparate and not connected to local history. Essentially, this would make the collection difficult to interpret, as it would in the end be a show of antiques. Also, curatorial costs would be considered high for a collection that yielded little historical value beyond the current owner. • • • ... " • • • ENVIRONMENT ASSESSMENT All structures on the property are situated atop a bluff-ridge that parallels the river. The result of this narrow, relatively steep setting would mean expensive adaptation for accessibility. Both natural and cultural resource evaluation of the property is pending. The HPC has agreed to include the Fowler property as part of the current Cultural Resource Survey. The Commission met October 19th and agreed that the site was likely to yield significant prehistoric information. The City's consultant, Tellus Consultants, Inc., has indicted that they will survey the Fowler property and inventory the sites natural, prehistoric and structural resources. Evaluation of the property's structures has already begun. An assessment of natural and cultural resouces is now dependant on good, snow-free weather. I believe it is a safe assumption that the greatest benefit of the property to the City will be in natural and cultural resources. The outlet of Purgatory Creek into the Minnesota River Valley (not including the delta) is a unique feature of this site. Also, based on past and present archaeological work in the area, a model has emerged demonstrating the high concentration of prehistoric sites located in the Minnesota River Valley, particularly on the lower river terraces and flood plain areas. One other environment assessment would have to include the site's view quality. It was observed, from atop the roof of the double garage, that the new river bridge being built just east of the property was clearly visible. When completed, the bridge will carry a constant throng of traffic creating a visual distraction and possibly adding a noise problem. CONCLUSION It is understood that the survey by Tellus will not be complete by the Commission's November 16th meeting, yet a consensus among members will make possible a recommendation. The Commission will recommend to the City Council that the Fowler property not be purchased under the current proposal. This would not preclude some other options on the land, however. cc: Laurie Helling Art Weeks ,HPC HERITAGE PRESERVATION COMMISSION MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission Cultural Commission THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: Arthur Weeks, Heritage Preservation Commission DATE: November 17,1992 SUBJECT: HPC Recommendation on the Proposal from Mrs. H. R. Fowler In July, 1992, Mrs. H. R. Fowler offered to'sell her property to the City for 50% of its appraised value which is estimated to be $800,000. The major conditions of her proposal consist of life estate arrangement for her and her son, a museum-only function of buildings, and upon time of sale, the city would begin paying all taxes and insurance on the property. On Saturday, October 24th, members of the Heritage Preservation Commission, other City Commission members and City staff visited the Fowler property, located at 10315 Riverview Road. The property is approximately 20 acres and includes a portion of Purgatory Creek where this deeply incised valley enters the Minnesota River Valley. Three dwellings and a garage are located on the escarpment overlooking the river valley. Based on observation of the site, discussion and consideration of the specifics of Mrs. Fowler's proposal, the Heritage Preservation Commission offers the following assessment and recommendation: , ARCHITECTURE Generally, it was agreed that the sites structures would not meet existing federal, state or local criteria regarding architectural significance. To meet minimum standards for designation as a significant structure, the structure must be fifty years old, or older. Historical significance of the structure is then determined by architectural style, occupants, and events. - Of the three dwellings that exist on the property, the 1930's Rustic Style summer cottage built by Mr. Fowler is the most significant. A context has been identified in the City's Cultural Resources Survey 7600 EXECUTIVE DRIVE • EDEN PRAIRIE. MN 55344-36n • • • • • • (Context VI: Residential and Recreational Development, 1920-1950) that will allow, when completed, evaluation of this type of structure • However. several additions to the Fowler cottage have compromised the buildings architectural integrity, minimizing its significance. The other two dwellings do not meet minimum criteria for evaluation as historically significant structures. COLLECTIONS The antique collections owned by Mrs. Fowler appears extensive. Most rooms in her home exhibit pieces of the collection and taken as a whole represent a considerable value. It was noted that as a musuem collection, the pieces were somewhat eclectic, not connected to local history or the age or style of the home. Essentially, this would make the collection difficult to interpret, as it would in the end be a show of antiques. Also, curatorial costs would be considered high for a collection that yields less historical value beyond the current owner. Although a need for period pieces exists, specifically to complete the furnishing of the Cummins-PhipPs-Grill Homestead, this use of the collection appears beyond the scope of the proposal. GEOGRAPHICAL All structures on the property are situated atop a bluff-ridge escarpment that parallels the river. The result of this narrow, relatively steep setting would mean expensive adaptation for accessibility in compliance with the Americans with Disabilities Act (ADA). Both natural and cultural resource evaluation of the property is pending. The HPC has agreed to include the Fowler property as part of the current Cultural Resource Survey. The Commission met October 19th and agreed that the site was likely to yield significant prehistoric information. The City's consultant, Tellus Consultants, Inc., has indicted that they will survey the Fowler property and inventory the sites natural and cultural resources. Documentation of the property's structures has already begun. Archaeological survey of the property is also ongoing. Continued assessment of natural and cultural resouces is now dependant on good, snow-free weather. The Commission believes that the greatest benefit of the property to the City will be in natural and cultural resources. The outlet of Purgatory Creek into the Minnesota River Valley (not including the delta) is a unique feature of this site. Also, based on past and present archaeological work in the area, a model has emerged demonstrating the high concentration of prehistoric sites located in the Minnesota River Valley, particularly on the lower river terraces and flood plain areas. One other assessment would have to include the site's view quality. It was observed from the site that the new river bridge being built just east of the property was clearly visible. When completed, the bridge will carry a constant throng of traffic creating a visual distraction and possibly adding a noise problem. RECOMMENDATION It is understood that the survey by Tellus is not complete as of the Commission's November 16th meeting, yet a consensus among members make possible this recommendation. The Commission recommends on its evaluation that the Fowler property not be purchased under the current proposal. However, this should not preclude some other options on the land, depending on the results of the site survey. • • • • • • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 18 Department monitored what trees were to be preserved and that if the developer had to remove certain trees, they would also have to replace them. Lynch asked if the city of Eden Prairie had any ordinances on fertilizers. Lambert answered that Eden Prairie did not but that some other cities did, requiring that only nonphosphorus fertilizers be used. Lambert said that he did not understand how those ordinances were enforced or regulated. Lynch asked what part of Riverview Heights was part of the survey of open spaces and Lambert answered the lower level, including the 17 acres to be gifted. Vanderploeg said he wanted to recommend that the opposing residents get a letter from Williams regarding the easement they had across the MWCC property, as well as obtaining one from the MWCC themselves. A resident stated that when their house was built, a trail access was not a consideration and that this seemed unfair. Richard said that he felt that the trail issue maybe should be decided before the first hole was even dug. MOTION: Richard made a motion to approve the Riverview Heights II Development per staff recommendations, leaving trail options open for 90 days, with trail easement finalized before development commenced digging. The motion was seconded by Kube-Harderwijk and passed 7-0. VI. OLD BUSINESS A. Proposal from Mrs. H.R. Fowler (con't from 10105/92 Refer to memo dated November 10, 1992 from Bob Lambert, Director of Parks, Recreation and Natural Resources, memo dated November 11, 1992 from John Getz, Historical Interpreter, and attached list of collection of antiques. Lynch stated that she was not comfortable recommending approval of the purchase without knowing what was on the lot or without being able to compare this particular lot UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 19 with others in an open lot survey and Kracum seconded this opinion. Bowman said that he had visited the lot and thought it very desirable and recommended to keep the option to purchase open. He agreed, however, that comparison to other properties was needed. Lambert stated that a lot of the purchase conditions made acquiring the property questionable, such as the condition that the property be a life estate for Mrs. Fowler1s son. He also said that the condition that the buildings ,be retained as historical buildings might not want to be met, as the land might be more valuable as a site for an archeological dig containing Indian mounds and artifacts. He asked Mrs. Fowler if the conditions were negotiable. • Mrs. Fowler answered that it was wrong to dwell on the historical aspects of the property, suggesting it was • more valuable as a cultural center, museum or art center and that the life estate condition was up to her son to forfeit if he so decided. She was adamant on keeping the two homes as museums. Richard asked if the offer for purchase would still be open if the buildings were torn down. Mrs. Fowler said that it would not. Lynch moved that the Commission regretfully turn down the proposal based on concerns that it would not be available for use as a park site for some time. She emphasized that the commission was respectfully happy that such an offer was made to them. Vanderploeg seconded. In discussion, Bowman asked the other commission members if they wanted to totally reject the offer or table it. Lynch answered that Mrs. Fowler would be more than welcome to come back to the commission with a new proposal, such as purchase as an archeological sight. Bowman asked that commission be more specific. Vanderploeg said he was opposed to lifetime use by Mrs. Fowler1s son and Hilgeman expressed her opposition to the • condi tion that the buildings not be taken down. Hilgeman • • • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. 11/16/92 20 also suggested that Mrs. Fowler contact Kate Halverson to see if the antiques would be valuable to Halverson and the new Eden Prairie Cultural Center being proposed as cuI tural artifacts. She also suggested that perhaps Mrs. Fowler's lot be a better site for the cultural center than the one currently being proposed. Lynch withdrew her earlier withdrawing his second. motion, Vanderploeg MOTION: Lynch moved that the Commission respectfully reject the acquisition ,due to the inability of the site's use as a park site and Kube-Harderwijk seconded. In discussion, Lambert agreed that it was a good motion, as the site, buildings, and antiques were not really valuable to Parks but may be valuable from a cultural standpoint. The Cultural Commission and Heritage Preservation Commission could recommend to the City Council based on those issues. Motion passed, 7-0. B. Trapping Ordinance Trapping ordinance was removed to the next meeting. VII. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Director of Parks, Recreation and Natural Resources ~ Workshop for Park and Recreation Board! Commission Members. 2. Workshop was an information item only; Hilgeman pointed out that the deadline for registration was already passed. Air Water Ouality Review Committee Lambert read a memo dated November 12, 1992, from Craig Dawson which said that the Commission proposed essentially an audit committee that would review the responsibilities of the city and other TO: MEMORANDUM Mayor and City Council Parks, Recreation and Natural Resources Commission Cultural Commission Heritage Preservation Commission THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources E::(L DATE: September 21, 1992 SUBJECT: Proposal from Mrs. H. R. Fowler, 10315 Riverview Road Attached to this memo are letters dated July 22, 1992 and September 10, 1992 from Mrs. H. R. Fowler offering to sell her property on Riverview Road for 50% of her appraised value of $800,000. The property consists of 20 acres with a northern boundary of Riverview Road and a southern of the Minnesota River. The condition of the sale would include the following: • 1. The property is to be used as an Eden Prairie museum to be known as the Charles R. Fowler Victorian Museum, and for no other purpose. • 2. The property cannot be subdivided or any portion sold. 3. Neither the main house or the brown house with the address 10317B could ever be destroyed or replaced. 4. Mrs. Fowler and her son, Charles, would retain life estate for the property. 5. From the time of sale, the City would absorb all taxes and insurance on the property. 6. Mrs. Fowler or her son would be responsible for upkeep and all utilities. 7. Mrs. Fowler or her son would be able to sublease the buildings other than the main house on the property and would be responsible for keeping a caretake:-on the property, if the main house was not used year-round. 8. The cost to the City would be $400,000. The property does have a fantastic view of the Minnesota River valley and does have some historical significance, as described by Mrs. Fowler. • • • • Proposal from Mrs. R. H. Fowler September 21, 1992 Page 2 ' . .: The property would be desirable for the park and open space system and the Cultural Commission, as it would be able to preserve 20 acres of Minnesota River valley and bluff property, (approximately half of which is in the Minnesota River floodplain) and could provide a beautiful museum site. There are several issues to consider with this proposal: 1. Although $400,000 is certainly a good price for this property, it may not be a good price with all of the conditions attached. It may be 40 years or more before the City would .. . have access to the property, therefore, considering the costs for insurance and taxes lost over a 40 year period, as well as the interest on $400,000, this becomes a relatively (, ~ , .. -expensive purchase; - 2. The City does not have $400,000 budgeted in either the Five Year Capital Improvement Plan for the City or the Ten Year Park and Open Space System Plan. 3. The City already has three historical building sites, which is more than any other suburban municipality in the metropolitan area. The City must question how many of these building sites we can afford to own. At this point, I would recommend that the Heritage Preservation Commission and the Parks, Recreation and Natural Resources Commission review this proposal and submit comments and recommendations to the City Council regarding what direction the City wishes to take on this proposal. BL:mdd Fowlerl7 .. ( ( ,th. Ji>ob~ t~ LaI7lDe/d., PG./lJ~ and. J?eC/l.ea;tWn i.J.i.Aecwn. ) [den. 'jJ~e, j!i.nn.. 7600 {,x.e~ti..ve &i..ve, [den. 'P1l.a.uu.e, /i'0vt. 55 .JIm of-f-erU.n..,j my plWpvd.} cd. 1.0)15 :u..Ve/tvi..ew :?d..) .in. Ijien. Pn.ai...lU.e, /.',UUl.. .w .t i.e [d.en. P/W.VvLe ,i-I.iA:f.olU.caL COI:mLM.w~ :f.o ve U4ed. {o/7. .be [d.en. 7),7.J:LiAi..e ,iiv.Jewn .to be !~1Jl. a..1 .th.e G'U1/l.{eA .1. Fou.d..€/l.. 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L'uod CJ~''Je~ '. . . ~ ~#, che ()n,_ jJ.:L-7.. an ,dW<!. vOaALL (OLe4/l.(.VV::'VULL,:"d) • • • • • MEMORANDUM TO: Mayor and City Council THROl:TGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources ~ DATE: December 1, 1992 SUBJECT: Process for Natural Resource Inventory BACKGROUND: The City Council originally authorized staff to get a quote from Tellus Environmental Consultants, Inc. to complete an inventory of natural resources in the southwest part of Eden Prairie and the Minnesota River bluffs. After staff met with representatives from Tellus and requested that they complete a survey of this area, and evaluate and rank the sites, the quote for those services was $28,000 for phase I of the project. Phase I was estimated to take three to four calendar months and would include the following: 1. Gathering current available information about the natural resources of the study area. 2. Identification of evaluation criteria 3. Identification of information needs/gaps. 4. Application of the evaluation criteria to specific natural communities. Phase II would include a necessary field survey, assessment of the surveyed areas under the ranking/evaluation criteria, and reporting of the results of the project. Phase II is proposed to be done during the spring and summer of 1993, and a price estimate was not provided. City staff recommended rejecting this proposal. Several weeks ago, City staff were informed that the City of Maplewood completed a survey of their entire city to determine what open space areas were remaining. They evaluated and ranked all of those open space areas through the use of a citizens committee. Staff met with representatives from Maplewood to discuss their process, and at this time are recommending a revised process to inventory and eventually rank our remaining unique natural areas in Eden Prairie. Process for Natural Resource Inventory December 1, 1992 Page 2 PROPOSED PROCESS: 1. Identify sites on half section aerial photos covering the unique natural resource parcels in the following areas that may be considered for future development or for preservation: a. Rice Marsh Lake b. "Big Woods" south of Mitchell Lake c. Riley Creek Valley d. Minnesota River Bluffs 2. Develop a list of all property owners of the identified sites and send them a letter explaining that the City Council has requested an inventory of all unique natural areas remaining in the community, and requesting authorization to allow someone to evaluate their property to determine its ranking on a proposed inventory list. 3. Prepare a Request for Proposal from qualified individuals/companies/consultants to "grade" or evaluate each parcel based on approved criteria used by the State of Minnesota. 4. 5. Consultant to complete the evaluation of all sites (graded A, B, C, D) by March 1, 1993. Request the City Assessor to provide an estimated "range" of the fair market value for each parcel. 6. Recommend the City Council form a citizens committee composed of two members from the Parks, Recreation and Natural Resources Commission, two from the Planning Commission, two from the Heritage Preservation Commission, two from the Eden Prairie Land Trust and two to three citizens at-large to rank the sites as to which ones should be considered for acquisition and which ones should be protected by other means, such as scenic easement, density transfer, etc. The committee would first be required to develop a list of criteria to evaluate the sites. The committee should be formed in January, to begin developing the criteria it will use for ranking sites. 7. After reviewing all of the sites, the committee would submit a list of sites to the City Council that would rank as first priority for acquisition, second priority, etc., and would make recommendations as to how certain sites should be acquired (purchase, land in lieu of park fees, density transfer, etc.), as well as what sites should be allowed to develop with careful consideration of the environment. With this information, not only the various commissions and City Council, but also the property owners would have very specific information on what parcels the City intends to acquire, as well as what parcels will require careful review for development. • • • • • • Process for Natural Resource Inventory December 1, 1992 Page 3 If the evaluation or "grading " of each parcel by a consultant were to be completed over the next few months, information on the vegetation on the site would not be available. This may be a critical factor in determining the value of various parcels, especially along the Minnesota River bluffs. The Council may wish to obtain that information on the highest priority sites as a second phase study, prior to deciding what parcels to acquire. City staff believe that the committee would not be able to complete its work prior to early summer. BL:mdd stiesl7 • • •