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HomeMy WebLinkAboutCity Council - 06/05/1990TUESDAY, JUNE 5, 1990 COUNCILMEMBERS: CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Rebecca Brazys PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council Meeting held Tuesday, September 19, 1989 Page 1188 B. City Council Meeting held Tuesday, May 8, 1990 Page 1207 C. Joint City Council/Landfill Advisory Committee meeting held Page 1212 Monday, May 14„ 1990 D. City Council Meeting held Tuesday, May 18„ 1990 Page 1214 E. Special City Council Meeting held Wednesday, May 122. 1990 Page 1227 III. CONSENT CALENDAR A. Clerk's License List Page 1228 B. Petition from Rustic Hills Neighborhood regarding Playground Page 1229 Improvements C. Trail Easement from Beach Road to Bryant Lake Park Page 1,241 D. Approval of Reimbursement to Watershed District for Lake Riley Page 1243 Chain-of-Lakes Clean-up Project E. Receive Petition and Order Feasibility Study for Sanitary Page 1253 TeRT:—Wiiii7iiiiii,—SToriliwer, and Street improvements for East andWest SunrTirtTi —TResolaTi5FITho. 90-148) F. Approve Resolution Authorizing Permit Application for Connection Page 1255 to Metropolitan Waste Control Commission FacilitieTTResolution No. 90-149) City Council Agenda - 2 - Tues.,June 5, 1990 G. Authorize Release of Land from Special Assessment Agreement Dated December 7 1982 Associated with I.C. No. 52-038 H. Approve Final Plat of Brody Addition Located at the S.W. Corner of den Road and Glen Lane MilTri and FranVrs STtT ResiTiTiion No. 9013U I. Resolution Requesting Hennepin County Board to Restore Funding to Fairview Receiving and Evaluation Center -TResolution No. M-153) J. Approve Agreement with MnDOT for Construction of Detached Frontage Road sou6-7 1576 Section 18 (Resolution No. 90-137) K. Award Contract for Construction of Detached Frontage Road south 5,-/TH. 5 in Section 18 I.C. 52:177 (Resolution No. MIT47- L. Approve State Aid Agency Agreement with MnDOT (Resolution No. 90-147) M. Receive 100% Petition and Order Preparation of Plans and Specifications 6715aTTE Improvements for RounitiWnew located In the N.W. Corner of Va lley View Road and NET -Lake Road Tkesolution No. 90-131 N. Authorize Sewer Access (SAC) and Water Access (WAC) Charges to 665071pine Trail 0. Award Bid for Re-roofing of the Senior Center P. Resolution No. 90-155, Amending the Industrial Development, Bond for Bryant Lake Partners ro ect-TEvergreen Page 1256 Page 1258 Page 1260 Page 1264 Page 1273 Page 1276 Page 1283 Page 1284 Page 1286 Page 1287 Page 1289 Page 1292 Page 1293 Page 1296 Q. Resolution No. 90 1156.,_ Reallocating Connection Charges, User Fees and the Interest Thereonfrom the -Utility Debt Service FriFF-to the Utility Reserve Fund R. Resolution No. 90-157, Transferring the Balances of Special Assessments Payable from the Major Center Area Tax Increment Financing Fund to the General S. Resolution No. 90-158 Adopting the 1989 Final Budget T. Resolution No. 90-159, Transferring Surplus Balances from Construction Funds to Their Debt Service Funds U. EDEN PRAIRIE FUNERAL HOME by Marcus Corporation. Adoption of Page 1298 Resolution No. 90-118, Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 0.95 acres; 2nd Reading of Ordinance No. 29-89, Zoning District Change from RM-2.5 to Community Commercial on 0.95 acres with variances to be reviewed by the Board of Appeals; Approval of Developer's Agreement for Eden Prairie Funeral Home; Adoption of Resolution No. 90-119, Authorizing Summary of Ordinance No. 29-89 and Ordering Publication of Said Summary; Adoption of Resolution No. City Council Agenda - 3 - Tues.,June 5, 1990 90-120, Approving Site Plan Review. 0.95 acre for 1 lot for the construction of a funeral home. Location: Southwest corner of Terrey Pine Drive and County Road 4. (Resolution No. 90-118 - Comprehensive Guide Plan Amendment; Ordinance No. 29-89 - Rezoning; Resolution No.90-119 - Authorizing Summary and Publication; and Resolution No. 90-120 - Approving Site Plan Review) V. Approve Agreement with MnDOT for State Aid Computer System (Resolution No. 907111) Page 1308 IV. PUBLLC HEARINGS A. EDEN PRAIRIE FORD by Shea Architects, Inc. Request for Zoning Page 1180 & DlifrIa7Finge from Rural to C-Reg-Ser and Site Plan Review on 8.2 acres, with variance for outside storage to be reviewed by Board of Appeals, and Preliminary Plat of 24.6 acres into four (4) lots for construction of an automobile dealership. Location: North of Plaza Drive, west of Crown Auto. (Ordinance No. 20-90 - Rezoning; Resolution No. 90-141 - Preliminary Plat) Continued from May 15, 1990 1310 B. WILSON RIDGE 3R0 ADDITION by Ryan Properties, Inc. Request for Site PlanReview and -WiTiminary Plat of 22.57 acres into 3 lots for construction of additional parking spaces for the Americable buildings. Location: 7500 Flying Cloud Drive (Resolution No. 90-108 - Preliminary Plat) C. BOULDER POINTE WEST TOWNHOMES by David Carlson Companies for NFITTDITT-Ta—CTiniTIMM-111 -22 to RM-6.5 on 8.26 acres, Site Plan Review on 8.26 acres, Preliminary Plat of 8.97 acres into 31 lots, 2 outlots and road right-of-way for construction of 30 duplex units. Location: Northeast corner of Pioneer Trail and Spring Road. (Ordinance No. 22-90 - Rezoning; and Resolution No. 90-106 - Preliminary Plat) D. Guide Plan Update (Resolution No. 90-127 - Comprehensive Guide Pi-in-Amendment) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS REQUESTS & COMMUNICATIONS 1. Letter of Request from Pat Thompson, member of Senior Baseball Team VIII. REPORTS OF ADVISORY COMMISSIONS A. Report of Landfill Advisory Committee IX. APPOINTMENTS X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney Page 1311 Page 1318 Page 1326 Page 1332 Page 1333 Page 1344 City Council Agenda - 4 - Tues.,June 5, 1990 D. Report of Director of Planning E. Report of Director of Parks, Recreation & Natural Resources 1. Miller Park F. Report of Finance Director G. Report of Director of Public Works 1. T.H. 212 E.I.S. (Resolution No. 90-152) 2. Award Contract for Sweeper 3. Award Contract for Skid-steer Loader XI. NEW BUSINESS XII. ADJOURNMENT Page 1352 EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, SEPTEMBER 19, 1989 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All Members Present. PRESENTATION OF 1989 MRPA CITATION AWARD Director of Parks, Recreation & Natural Resources Bob Lambert introduced John VonDeLinde, Chairman of the Awards Committee for the Minnesota Recreation & Parks Association. VonDeLinde gave a brief history of the organization and stated that the main goal of the association was to promote the quality and availability of leisure services to the State's residents. The MRPA Citation Award is awarded to recognize public, non-profit, and private agencies which have completed projects which best exemplify sound, innovative, well carried out projects on a local level that comply with the philosophies of parks and recreational services. VonDeLinde stated that Eden Prairie was the recipient of the 1989 MRPA Citation Award for its project at Round Lake Park. VonDeLinde added that the committee believed that the Round Lake Park project was a superbly carried out project and deserved recognition on a State level. VonDeLinde presented the award to Mayor Peterson and Director of Parks, Recreation & Natural Resources Bob Lambert. Anderson believed that Round Lake Park was the best illustration of a cooperative effort between the City and School District over a long period of time. Anderson added that he was very proud that the City of Eden Prairie had received this award. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Council Minutes 2 September 19, 1989 MOTION: Pidcock moved, seconded by Harris to approve that Agenda as published. ADDITIONS: ADD ITEM X.A.1, Public Relations for City Awards. ADD ITEM X.A.2, Appointment to Chemical Health Advisory Board. ADD ITEM X.A.3, Council Donation to Foundation Ball. II. MINUTES A. Special City Council Meeting held Tuesday. February 14. 1989 MOTION: Harris moved, seconded by Pidcock to approve the Minutes of the Special City Council meeting held Tuesday, February 14, 1989 as published and amended. CORRECTIONS: Page 4, Paragraph 3, should read: Fred LeGrand. Page 11, Paragraph 1, should read: Candy LeGrand. Page 12, Paragraph 2, should read: and the Council needed to be cognizant of their needs and include items which address their interest, such as community parks. Motion carried unanimously. B. Regular City Council Meeting held Tuesday. June 6. 1989 MOTION: Harris moved, seconded by Pidcock to approve the Minutes of the Regular City Council meeting held Tuesday, June 6, 1989 as published. Motion carried unanimously. C. Regular City Council Meeting held Tuesday. September 5. 1989 MOTION: Harris moved, seconded by Pidcock to approve the Minutes of the Regular City Council meeting held Tuesday, September 5, 1989 as published and amended. CORRECTIONS: Page 7, Paragraph 5, Sentence 1, should read: the Council had been convinced earlier Page 10, Payment of Claims, Paragraph 3, Sentence 1, should read: the City Council Minutes 3 September 19, 1989 conference on plastic recycling. Page 10, Payment of Claims, Paragraph 3, Sentence 3, should read: that there were representatives ...Page 17, Item C, should read: Sue Doeden. III. CONSUT CALENDAR A. Clerk's License List B. LAMETTRY CENTER by Richard A. LaMettry. 2nd Reading of Ordinance 26-89, Zoning District Change from Rural to C- Regional Service on 1.88 acres; Approval of Developer's Agreement for LaMettry Center; Adoption of Resolution No. 89-189, Authorizing Summary of Ordinance No. 26-89 and Ordering Publication of Said Ordinance; and Adoption of Resolution No. 89-190, Site Plan Review. 1.88 acres for one lot for construction of a 32,698 square foot auto body repair facility. Location: West of Plaza Drive, southeast of Menards. (Ordinance No. 26-89 - Rezoning; Resolution No. 89-189 - Authorizing Summary and Publication; Resolution No. 89-190 - Site Plan Review) C. Final Plat Approval for LaMettry Addition (located north and west of Plaza Drive and south of Valley View Road within the Menards Complex) Resolution No. 89-200 D. Approve Suoplemental Agreement No. 1 to Contract with Barton-Aschman Associates Inc. for pesian of T.H. 5 from CSAH 4 to CSAH 17 E. Eighteen Park Business Center - Extension of Developer's Agreement and Site Plan Review for One Year to September 19, 1990 MOTION: Pidcock moved, seconded by Anderson to approve Items A through E on the Consent Calendar. ITEM A: Peterson requested that the request by Acrogymnastics Sports Education Assoc. for a Class A gambling license be removed from the Consent Calendar and added to the Agenda for discussion. AMENDMENT TO MOTION FOR APPROVAL: Harris moved, seconded by Pidcock to remove the request by Acrogymnastics Sports Education Association for a Class A gambling license and move it in the Agenda to Item VII.A.1. Motion carried unanimously. IV. PUBLIC HEARINGS /MO City Council Minutes 4 September 19, 1989 A. NELSON ADDITION by David Nelson. Request for Zoning District Change from R1-22 to R1-13.5 and Preliminary Plat on 2.41 acres into 6 single family lots. Location: 9950 Bennett Place. (Ordinance No. 35-89 - Zoning; Resolution No. 89-202 - Preliminary Plat) Jullie reported that notice of the Public Hearing had been mailed to 80 surrounding property owners and published int he September 6, 1989 issue of the Eden Prairie News. Peter Knaeble, representing the proponent, presented the plans for a 6-lot development on 2.41 acres. He added that the plan would require a Zoning District Change from R1-22 to R1-13.5. Knaeble noted that no variances were necessary and that the plan would meet the City's Guide Plan. Enger reported that the Planning Commission had reviewed this item at its August 28, 1989 meeting and recommended approval with a unanimous vote subject to the recommendations outlined in the August 25, 1989 Staff Report. Lambert reported that the Parks, Recreation & Natural Resources Commission reviewed this item at its September 18, 1989 meeting and recommended approval of the proposal with a 4-0-0 vote. Anderson asked Enger how the lots were zoned surrounding this property. Enger replied that there were both R1-13.5 and R1-22 zoning surrounding this property. He added that recently platted lots were zoned R1-13.5; however, there was property to the east which was still zoned R1-22 at this time. Anderson then requested that the lots presently zoned R1-22 be pointed out on the map. Enger noted the lots zoned R1-22 on the plan. Anderson asked if the lots to the north were zoned R1-22. Enger replied that the lots to the north were zoned R1-13.5. Anderson was concerned that R1-22 lots would abut R1-13.5 and believed that this should be avoided. Peterson asked if the realignment of the road as referenced in the Staff Memorandum was depicted on the plan presented tonight. Knaeble replied that the east/west road had been moved 10 feet to the north to keep the headlights from affecting the home across the road at the access point. Pat Finnegan, 9925 Bennett Place, stated that he lived in the home directly across from the Burnett Addition. Finnegan stated that the proposed road alignment would have the access point for the Burnett Addition directly across from his driveway and was concerned about the problem of headlights shining directly into his living /M I City Council Minutes 5 September 19, 1989 area. He added that at the Planning Commission meeting the recommendation had been to move the road 20 feet to the north and now the recommendation had been changed to 10 feet. Finnegan believed that there would still be a problem from the headlights where the road was moved 10 or 20 feet; however, believed that it would be somewhat less with the 20 feet. Finnegan stated that a greater concern was for the safety of the children in the neighborhood due to the present traffic from Bennett Place and the increase in traffic that these developments would cause. He added that the traffic on Bennett Place was continuously in excess of the posted speed limit of 30 MPH. Finnegan stated that last year he had requested that the City post signs which indicated "Children at Play" and the City had replied that these signs were reserved for areas near playgrounds and schools. The City did, however, post the speed limit at 30 MPH at that time. Finnegan had spoken with Senior Planner Mike Franzen and was told that the sight distance would be 290 feet at the proposed intersection and the requirement for a road posted at 30 MPH was 260 feet. Finnegan added that if the speed limit were 35 MPH, which he believed the traffic net or exceeded, the sight distance required would be 350 feet. Finnegan urged the Council to consider the safety factors and move the road 60 feet to the north and to install a 3-way stop sign at this location. Randy Stone, 9947 Bennett Place, concurred with the comments made by Mr. Finnegan. Stone added that the police had conducted a survey on the traffic in the area this week and that survey concluded that approximately 80% of the traffic was at 30 MPH or less. Stone believed that the survey was skewed in the favor of this proposal. Stone stated that the construction trucks using this road needed to build up speed to be able to get up the hill and believed that these trucks were in excess of 30 MPH continuously. Stone was concerned for the safety of the children. He believed that a stop sign would slow the traffic down. Stone recommended that the road be moved further to the north to provide a greater distance for visibility. Tom Gambucci, developer of Burnett Addition, stated that he also had been concerned about sight distances and had proposed a cul-de-sac for the development to reduce the traffic. Gambucci added that the traffic pattern would not be changed by moving the road 60 or 200 feet to the north; the only reason for moving the road was to mitigate the problem with the headlights for Mr. Finnegan. The road alignment at this time was based on Staff recommendations. Gambucci believed that a cul-de-sac City Council Minutes 6 September 19, 1989 would divert the traffic, estimated at approximately 550 trips per day, in other directions. Enger reported that a speed survey was conducted today between 6:50 AM and 8:50 AM. He added that 67 cars were clocked with an average speed of 27 MPH, 80% of the traffic was going north and 20% going south, one car was clocked at 39 MPH, and all the speeding cars were going north, up the hill. Enger noted that these results were based on only one day and that additional study could be recommended. Enger noted the memorandum from Rod Rue, traffic engineer, which addressed the request for a 3-way stop sign. He added that the criteria for a stop sign would require a volume of traffic on the major street to average 500 vehicles per hour for an 8-hour period and the minor street 200 vehicles per hour for an 8-hour period. Enger reported that Staff estimated the total from these developments to be a total of 500 trips over a 24-hour period. Enger added that an inadequate sight distance could be considered a justification for a stop sign; however, the road was posted at 30 MPH and the sight distances for this speed were considered adequate. Peterson pointed out to the residents that the City Council did not make the determination as to where a stop sign was required. He added that stop signs do not regulate the speed of traffic; the best means to accomplish speed regulation was through the Police Department. Peterson stated that the Council was concerned about the safety of all residents. Tenpas asked if the speed survey was conducted with a marked or an unmarked car. Captain Clark replied that a marked car was used to conduct the survey. Tenpas then asked if this could have resulted in slower speeds. Clark replied that this could have affected that speeds, depending on the location and visibility of the marked car. Tenpas asked if there was another house located to the north of the two residents who had addressed the Council. Knaeble replied that there was one large lot to the north. Tenpas then asked why the road was not moved 20 feet to the north as recommended by Staff rather than the 10 feet as presently proposed. Enger replied that after further discussion with the developer it was determined that 10 feet would be adequate, but Staff believed that 20 feet would be better. Knaeble added that if the road were moved 20 feet to the north significant trees would be lost and by moving the road only 10 feet to the north the headlight problem would be mitigated and the trees would be saved. Gambucci added that with the road being moved A City Council Minutes 7 September 19, 1989 10 feet to the north the headlights would be directed at the garage of the Finnegan home and not at the living area. Tenpas asked Enger to comment on the decision for a through road versus a cul-de-sac and the affect on traffic levels. Enger replied that Staff reviewed this area as a whole and considered all three developments. He added that Staff determined that a total of 50 lots would use the through road at 10 trips per day per lot for a total of 500 trips per day. Tenpas asked if the speed could be reduced to 25 MPH. Dietz replied that a speed limit of 30 MPH was required by State regulations. Pidcock asked if Staff had conducted a study of the road elevations to determine the affect of the headlights on the Finnegan home. Enger replied that Staff had looked at the road location in relationship to the Finnegan property. Pidcock then asked if a berm had been considered on the Finnegan property to mitigate the problem. Finnegan replied that Gambucci had mentioned something at one time, but did not follow through. Finnegan expressed a concern that the developer could promise anything, but this did not mean that it would necessarily happen. Peterson stated that Council could require that certain mitigation measures be carried out by the developer. Finnegan recommended that the road be moved as far north as possible. Peterson asked Finnegan if the road could not be moved further to the north would there be other acceptable measures to mitigate the headlights. Finnegan replied that if the road could not be moved further to the north he would appreciate whatever could be done to mitigate the headlight problem. Anderson asked Enger if Staff believed that the sidewalk as proposed would meet the needs of the neighborhood. Enger replied yes. Knaeble stated that the grade of the road as proposed would be higher than the Finnegan property and would naturally direct the light from the headlights down. He added that the developer had proposed to plant evergreens to mitigate the headlight problem. Pidcock believed that the road should be moved a few more feet to the north and berm constructed to mitigate the headlight situation. Peterson asked Enger if it would be helpful to move the road an additional 10 feet to the north and if a berm and jcq City Council Minutes 8 September 19, 1989 plantings could obscure the headlights. Enger replied that based on plans the headlights would be directed at the southern end of the Finnegan garage; if the road were moved 10 feet to the north the headlights would be directed more to the northern end of the garage. Enger added that the real concern was for the sweep of the lights of turning traffic. Enger believed that a berm and shrubs would help to mitigate the problem somewhat. Gambucci stated that the headlight issue was not a legal issue on which a project could be denied. He added that he had tried to please Mr. Finnegan and address the problem. Gambucci said that he had already redesigned the road to the north and believed that it was unfair to make further demands. Gambucci also stated that Mr. Finnegan purchased his home knowing that there would be additional development in this area at some time. Gambucci believed that the proposal as presented was being fair to everyone. Gambucci emphasized that safety had been the most important issue. Peterson stated that it was the Council's desire to make the proposed development compatible with existing development and requested that the developer work with Staff to accomplish this goal. Peterson asked Finnegan if the Council decided that the road alignment would remain as proposed, would he work with the developer and City Staff to investigate the possibility of using a berm, fence, plantings, or a combination of the three; or would he not allow the developer to come onto his property. Finnegan replied that he was concerned that a berm would obscure the view when backing onto Sennett Road and would create more of a safety hazard. Finnegan noted that the Cardarelle property was at a higher elevation than his property and would not be affected by the lights if the road were moved further north. Pidcock asked if moving the road 60 feet to the north if the sight distance would be better. Enger replied yes, the sight distance would increase to 350 feet. Enger added that the proposal as presented provided adequate sight distance. Harris asked what the negative impact would be to the overall project if the road were moved 10 feet versus 60 feet to the north. Knaeble replied that the project would be reduced by one lot and additional tree loss would occur. Enger clarified that if the road were to be moved further to the north the proponent would choose to move the road 125 feet to the northern property line which would allow them to retain the present number of lots, but would result in additional tree loss. 9 S- City Council Minutes 9 September 19, 1989 Peterson asked if this redesign would result in additional driveways on Bennett Road. Knaeble replied no. Enger noted that the Planning Commission had recommended to move the road to the north 20 feet. Tenpas asked Finnegan what rooms would be exposed to the headlights. Finnegan replied that the living room and two bedrooms would be affected. Tenpas recommended that the road be moved an additional 5 feet to the north and that Staff be directed to assure that enough plantings were placed on the Finnegan property to mitigate the headlight problem. Peterson asked Enger if Councilmember Tenpas's suggestion could work to mitigate the situation. Enger replied yes. There were no further comments from the audience. NOTION: Harris moved, seconded by Anderson to close the Public Hearing and approve 1st Reading of Ordinance No. 35-89 for Rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Anderson adopt Resolution No. 89-202 for Preliminary Plat approval and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. BLUFFS WEST 8TH by Hustad Development. Request for Zoning District Change from R1-22 to R1-13.5 on 2.12 acres and Preliminary Plat of 2.12 acres into four single family lots, with variances to be reviewed by the Board of Appeals. Location: North of Bluestem Road & access off Bennett Place. (Ordinance No. 36-89 - Rezoning; Resolution No. 89-203 - Preliminary Plat) Jullie reported that notice of this Public Hearing had been mailed to 80 surrounding property owners and published in the September 6, 1989 issue of the Eden Prairie News. Mary McCawley, representing the proponent, presented the plans for 4 single-family lots on 2.12 acres. Two flag lots were proposed and variances would be required. McCawley stated that the proponent was requesting a Zoning District Change from R1-22 to R1-13.5. Enger reported that the Planning Commission had reviewed this item at its August 28, 1989 meeting and recommended City Council Minutes 10 September 19, 1989 approval of the project with a 5-0 vote subject to the August 25, 1989 Staff Report recommendations. Enger added that the variances for the flag lots related to the lot frontage requirement on a City street. There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock to close the Public Hearing and approve 1st Reading of Ordinance No. 36-89 for Rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock to adopt Resolution No. 89-203 for Preliminary Plat approval and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson to approve Payment of Claims No. 53996 through No. 54329. Peterson asked for clarification on claims No. 54050 through 54056 related the the MLC. Jullie replied that it was Eden Prairie's turn to act as treasurer for the MLC. He added that the payment would run through the regular payment of claim process and then the City would be reimbursed by the MLC. ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas and Peterson all voted "AYE". VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No 27-89 Amendment to City Code Chapter 9. Section 9.40. Relating to the Discharge of Firearms Pauly noted that the wording on Page 3, Item 1 should read: then South Along said East line to the Minnesota River, then westerly along the Minnesota River to the westerly border of the City; .. Anderson asked if there were housing developments in the area south of Pioneer Trail designated for hunting. Jullie replied there were housing subdivisions in the area. Anderson then asked approximately how many houses were located in the Cedar Forest subdivision. Jullie estimated 100 houses. Anderson asked how many houses were City Council Minutes 11 September 19, 1989 located in the Purgatory Creek area by Dell Road. Jullie replied approximately 100 homes. Anderson was concerned about these densely populated areas being open for hunting. Peterson understood the Ordinance to read that shotgun shells could not be discharged within 1000 feet of any dwelling or roadway. Pauly stated that was correct and added that the distance was 1500 feet for slugs. The area further to the north required a 40-acre parcel. Anderson stated that several years ago the residents in the Cedar Forest area had voiced strong objection to hunting. He added that there were small children which were used to playing in the wooded area. Anderson said that Bloomington, Eagan, Plymouth, and Maple Grove all had open land, yet did not allow hunting. He added that Chaska only allowed bird shot. Anderson was concerned about allowing hunting in the middle of a residential area. Peterson stated that shotgun slugs would not be allowed north of Highway 169. Severin Peterson, 15900 Flying Cloud Drive, stated that some hunting was allowed in Bloomington, but believed that the question was whether hunting would be safe in Eden Prairie. Peterson believed that there were areas which would allow for safe hunting and that the landowners should have the right to hunt in these locations. Peterson believed that this was becoming an emotional issue and should remain addressed as a safety issue. Dave Brown, 9801 Spring Road, believed that he owned the most vulnerable home on the bluff and added that he was not concerned about safety on his property. Brown noted that the deer herds were at carrying capacity and something needed to be done to control the numbers. Peterson asked Brown if he was in favor of the ordinance as proposed. Brown replied that he would have no problem with allowing slugs north of Highway 169. Brown added that there were other areas where problems could occur, which Councilmember Anderson had addressed. Harris believed that Eden Prairie was heading toward a total ban on hunting; however, this would not take place as long as hunting was acceptable in the river bottom area. Harris stated that she had walked through several of the areas proposed for hunting and was more comfortable with the ordinance. Harris added that she was concerned about human safety in Eden Prairie and asked for comments from the Police Department as to whether the ordinance could be enforced. Chief Wall replied that he was comfortable with the boundaries for this year; however it City Council Minutes 12 September 19, 1989 did bear watching. Wall added that the areas would be considered reasonably safe and that enforcement was limited no matter where the boundaries were located. Wall stated that for the Police Department this was an issue of discharge of firearms and not a hunting issue or a wildlife management issue. Wall said that the Police Department was not charged with the responsibility to be out every day of the hunting season to see that the hunters stayed within the boundaries and observed the distances. Wall stated that he would like another chance to review this ordinance next year. Wall added that one point that the Police Department strongly supported was that slugs only be allowed south of Highway 169. Anderson asked how much time and money was spent processing hunting permits. Captain Clark stated that the permit processing was time-consuming. He noted that for approximately 2 weeks each year the issuing of permits was the only task accomplished by the receptionist. Clark added that he personally fielded calls regarding questions related to hunting, which took up a significant amount of time. Clark stated that it had been recommended that the response to calls should be that unless the hunter had hunted in Eden Prairie or knew a landowner in Eden Prairie, a permit would not be allowed. Harris asked Clark how many permits were issued each year. Clark replied that 71 permits had been issued at this time for 1989. Wall added that 40 of these permits were issued to non-residents. Harris then asked how long was the hunting season. Wall replied approximately October through December. Anderson asked if all of the hunters had permission from the landowners to hunt or where they merely getting a permit. Clark replied that this was not known for sure. Clark added that a significant improvement had been made to have on file signed permission from the landowners; however, this was time consuming and would require further cooperation from the landowners. Anderson believed that it was important for the residents paying taxes on the property to known who had permission to hunt on the land and that the permission be done in writing. Pidcock asked how many people could hunt on a given piece of property at one time. Pauly replied that the ordinance did not set a limit or restriction. Jullie noted that there was a restriction of 15 hunters per parcel south of Highway 169 using slugs. Jullie added that birdshot would not have any restrictions. Harris asked how many parcels north of Highway 169 consisted of 40 acres or more. Clark replied 3 parcels. /19 9 City Council Minutes 13 September 19, 1989 Darril Peterson, 18700 Flying Cloud Drive, stated that there was a problem with the wildlife north of Highway 169. He added that the new housing developments were not near the areas proposed for hunting. Pidcock asked Darril Peterson if he was comfortable with the ordinance. Peterson replied yes and added that he would like to be able to hunt on his property in areas where it would be safe. A non-resident, who had hunted in Eden Prairie for over 5 years, asked how many violations had been reported against hunters with permits. Clark replied that no accidents had occurred. Clark added that there had been violations by permit holders in the past; however, he did not have a number. The majority of complaints related to noise and tracking issues. Clark noted that there were fewer violations by permit holders than by those without permits. Clark wanted to clarify one item which had been addressed earlier. Clark stated that hunting was not allowed in Bloomington as noted by Councilmember Anderson; however, Mr. Peterson was also correct in that special permits were issued by Bloomington to allow limited hunting for wildlife management in the river bottom area. Brett Hope, 14700 Flying Cloud Drive, stated that he managed the Charlson property, which was located outside the MUSA Line and would not be developed for some time. Hope believed that hunting should be allowed in this area. Mayor Peterson stated that he was prepared to support the Ordinance as presented for 2nd Reading. MOTION: Pidcock moved, seconded by Tenpas to approve 2nd Reading and adoption of Ordinance No. 27-89 as revised. Motion carried unanimously. B. Resolution No. 89-205. recommending the appointment of Glenn G.C. Olson to the Metropolitan Transit Commission MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 89-205 supporting the reappointment of Glenn G. C. Olson to the Metropolitan Transit Commission. Pidcock stated that she would like the opportunity to review the information on a candidate before it was presented to the Council. Pidcock recommended that the /BO City Council Minutes 14 September 19, 1989 background information be given at least one week prior to a decision. Peterson concurred that if the background information were in the FYI packet it would give sufficient time to ask questions before a formal recommendation was presented. Motion carried unanimously. C. 1st Reading o Ordinance No. 34-89 to Regulate Snowmobile Operations MOTION: Pidcock moved, seconded by Harris to approve 1st Reading of Ordinance No. 34-89. Motion carried unanimously. VII. PETITIONS. REQUESTS & COMMUNICATIONS A. BURNETT ADDITION by Transtar. Request for Preliminary Plat of 4.57 acres into 9 single family lots. Location: 9940 Bennett Place. (Resolution No. 89-204 - Preliminary Plat) Jullie reported that notice of this public meeting had been mailed to owners of 80 surrounding properties and published in the September 6, 1989 issue of the Eden Prairie News. Jullie noted that a significant amount of discussion had taken place regarding this issue under Item IV.A and directed the proponent to present any new information relevant to the request. Tom Gambucci, proponent, stated that a road easement was on tUTom Gambucci, proponent, stated that a road easement on the Finnegan property and a berm could not be constructed on that easement. Peterson requested that Gambucci meet with Staff and Mr. Finnegan to work out a reasonable mitigation. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 89-204 for Preliminary Plat approval and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions that the realignment of the road and an agreement for appropriate screening on the Finnegan property be reached prior to 2nd Reading. Motion carried unanimously. City Council Minutes 15 September 19, 1989 B. Reauest from George Bentley on behalf of John Taman The letter presented in the Council packet was of a informational nature and did not require action on the part of the City Council. C. Reauest for Gamblina Permit by Acrogymnastics Sports Education Association. Jullie reported that a Class A License had been requested by the Acrogymnastics Sports Education Association (ASEA), which would allow for bingo and pulltabs at the American Legion Club. Peterson asked Jullie if the ASEA was aware that charitable gambling in Eden Prairie was to be discussed at the October 24, 1989 City Council meeting. Jullie replied yes. Harris asked for a brief history on the organization. Ron Winkler, secretary for the ASEA, stated that the organization promoted trampoline and gymnastics for youth, known as the Minnesota Twisters. Winkler added that the organization wished to be able to encourage more young people to participate in the sport if an interest existed and not be deprived due to financial hardship. He stated that some of the current members had qualified for national competition. The organization would like to sponsor more education for participants and judges for the competition. Currently the organization is run by volunteers. Winkler believed that the bingo and pulltabs would be a reasonable way to raise funds to continue the work which has been started. Harris asked how often the ASEA would propose a Bingo Night. Winkler replied that the proposed lease with the American Legion was set up on a weekly basis and would run 1 to 2 nights per week. Harris then asked when the pulltabs would be sold. Winkler replied only on the evenings when the bingo was scheduled. Tenpas asked how many members were in the ASEA. Winkler replied approximately 200 members with approximately 60 to 80% coming from Eden Prairie. Tenpas then asked how many hardships cases existed presently. Winkler replied that he did not have this figure, it would be available from the ASEA. Tenpas asked how the funds were obtained currently. Winkler replied solely from fees paid for by the parents of children which participated. Peterson asked if it was the Booster Club which was applying for the license of the ASEA itself. Winkler replied that the Booster Club had made the application. Peterson asked if a Booster Club would qualify for a City Council Minutes 16 September 19, 1989 license under the regulations. Winkler replied that they had been informed that they met all requirements. Pauly asked Winkler if it were a non-profit organization which had been in existence for at least 3 years. Winkler replied yes. Pidcock asked how many other countries were involved in this sport. Winkler replied approximately 41 countries. Tenpas stated that he was apprehensive that one group would be allowed to monopolize approximately 1/5 of the time slots available. Peterson believed that the request was premature due to the fact that a date was set to deal with the Charitable Gambling issue in October 1989. Peterson noted that the Council had voted no earlier in the year for another youth athletic organization and believed that all the facts needed to be reviewed by the Council as prepared by the special committee appointed by the Council before any further consideration should take place. Winkler stated that the Booster Club had been told that the nights were available at the American Legion Club, where bingo operations are already approved. Tenpas believed that it was important for all groups to be reviewed with the same guidelines and also that the number of groups allowed not be limited. Winkler stated that the number of nights allowed was offered by the American Legion Club. MOTION: Harris moved, seconded by Anderson to continue this item to the Special City Council meeting scheduled for October 24, 1989. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. 4ppointment of member to the Planning Commission to fill an unexpired term to February 28, 1990 MOTION: Pidcock moved, seconded by Tenpas to nominate Timothy Bauer to fill the unexpired term on the Planning Commission. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS City Council Minutes 17 September 19, 1989 A. Reports of Council Members 1. public Relations for City Awards Pidcock believed that the City should capitalize on the issuance of awards when presented to the City. An effort should be made in increase the public relations and publicity to cover an event when an award was received. Peterson concurred and added that at the very least the news media should be made aware in advance that such an event would take place. Tenpas suggested that the issuance of the award be included in the Chamber of Commerce brochure. 2. Appointment to Chemical Health Advisory Board Peterson reported that Rod Kesselring had asked that either himself or another Council member be appointed along with Lyndell Frye to serve on the Chemical Health Advisory Board. Tenpas asked what the function of the board was. Peterson replied that the CHAB wcrked with the community and the school system related to chemical use and abuse. Peterson asked if any other Council member would be interested serving. MOTION: Pidcock moved, seconded by Tenpas to appoint Mayor Peterson and Lyndell Frye to serve on the Chemical Health Advisory Board. Motion carried unanimously. 3. Council Donation to Foundation Ball Peterson reported that Sidney Pauly had asked that the City Council as a group offer to prepare and serve a dinner as a donation to be auctioned at the Eden Prairie Foundation Ball. The Council agreed. B. Report of City Manager 1. Set Date to Review Proposed 1990 City Budget Tenpas asked Jullie if it was premature to pass a budget when the State had not made a decision. Jullie replied that it was difficult to determine the impact. City Council Minutes 18 September 19, 1989 MOTION: Harris moved, seconded by Pidcock to set the dates of October 12, 1989 and October 26, 1989 at 7:30 PM for Public Hearings to review the 1990 City Budget. Motion carried unanimously. 2. City Hall Lease Renewal MOTION: Anderson moved, seconded by Harris to approve the lease renewal for the City Offices at 7600 Executive Drive. Motion carried unanimously. C. Report of City Attorney D. Report of Director of Planning E. Director of Parks. Recreation & Natural Resources F. Report of Director of Public Works G. Report of Finance Director XI. NEW BUSINESS Jan Bertrand, 19011 Priory Lane, Minnetonka, past president of the American Legion Auxiliary, wished to comment on how the members of the American Legion were treated during the Acrogymnastics request this evening. Bertrand stated that several Legion members were present and were not allowed to comment on the issue of the license for the Acrogymnastics Sports Education Association. Bertrand stated frustration in the Council's choice not to act on the issue of Charitable Gambling. The American Legion was currently in a very critical situation regarding its ability to continue operations. Peterson noted that the American Legion Club was not on the Agenda this evening. He added that this was an unfamiliar organization and believed that Mr. Winkler presented his case quite clearly. Peterson emphasized that it was this organization's application and not the American Legion Club which was being discussed. Bertrand believed that the decision made by the Council was a direction reflection on the American Legion Club and its operations. Bertrand believed that a spot be left open for public comment on the agenda. Tenpas believed that the Council wanted to treat all organizations fairly. 2oS City Council Minutes 19 September 19, 1989 Pidcock stated that if the members of the American Legion Club had approached Staff and requested to placed on the Agenda this evening it would have been done. Pidcock concurred with Tenpas that the Council wanted to treat all organizations fairly and this was the purpose of the special committee appointed by the City Council. Bertrand stated that the American Legion Club as the holder of the license had as much interest in the application as the organization applying. Pidcock replied that if any member of the American Legion Club had raised their hand at the time of discussion they would have been allowed to comment. XII. ADJOURNMENT The meeting adjourned at 10:20 PM to a closed session regarding litigation on the proposed expansion of the Flying Cloud Sanitary Landfill. The executive session adjourned at 12:00 midnight. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 8, 1990 COUNCILMEMBERS: CITY COUNCIL STAFF: 6:00 PM, COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary D. Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Zoning Administrator Jean Johnson, and Recording Secretary Jan Nelson CALL TO ORDER/ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Pidcock moved, seconded by Harris, to approve the agenda, as published. Motion carried unanimously. A. Response to MPCA reLPronosal for Permit for BFI Medical Waste Incinerator Assistant City Attorney Ric Rosow reviewed the draft permit on public notice for an air emission facility requested by BFI Medical Waste Systems of Minnesota. He said the notice from the MPCA gives the City three options: 1. The City can submit comments or concerns on the draft permit. 2. The City can request a public information meeting at which the MPCA and the applicant would explain the proposal to the public. 3. The City can request a contested case over the issuance of the permit. Rosow said the Supreme Court has recently clarified what it takes to obtain a contested case hearing from the MPCA. He said it must be shown that evidence can be produced that is contrary to the action proposed by the Agency. He said the facts and the expert advice must be gathered when a contested case is requested. 40') City Council Meeting 2 May 8, 1990 In regard to whether such a facility would require a mandatory Els or EAW, Rosow said the emissions as set forth in the draft permit are substantially below the levels that trigger a mandatory EAW. He said any governmental unit that has authority with respect to whether the project goes ahead can determine that it may have potential for substantial environmental impact because of the nature or the location of the project. Harris asked if the standard is our demonstrating that there is significant impact. Rosow replied that the petitioner must give a description of a potential environmental effect that may result and must submit material evidence indicating that, because of the nature and location, there is a potential environmental effect. Peterson asked what data we have that indicates we might have evidence for such a petition. Rosow said he was not aware of any. Anderson asked if there might be questions about materials that may be burned. City Manager Jullie replied that some materials would become airborne but how serious they are is the question. He said the emissions seem to meet the MPCA standards so he wasn't sure how we would determine that the emissions pose a health threat. Rosow said the deadline of the 11th does not apply to a process where a determination would be made on requiring an EAW; however, a request for a contested case must be made by the 11th. Rosow also said that the emissions are low enough so that the PCA would not technically require a permit. Zoning Administrator Jean Johnson said she checked the records for violations and there were several instances where the MPCA was notified regarding odor, particulates and open flames. She also said there is no specific site plan to review for the new facility; however, the outside unit will be about 16 feet high and 20 feet wide and the stack will be 40 feet high. Pidcock asked what actions the PCA took when notified of the violations. Johnson said they found violations. Pidcock asked if the operator was fined. Johnson said she didn't know. Anderson asked if the past violations can be used against the company in the granting of a new license. Rosow said they can be used if it is the same company. Anderson said he thought there is a need to look at things differently in the 1990's and, if the past record of a company shows violations, we should take the opportunity to reject the license. City Council Meeting 3 May 8, 1990 Peterson asked what permits would be required from the City. Johnson said there are site plan review ordinances, floodplain regulations and shoreline regulations. She said any variance from the shoreline regulations would have to go to the Board of Appeals & Adjustments. Tenpas asked if there are ordinances that restrict portable structures on sites since this would be a portable facility, not a permanent one. City Attorney Pauly said he didn't think there is any prohibition against portable structures in the I-General classification. Tenpas asked about liability insurance. Pauly said he did not think there would be any problem with liability insurance as far as being adjacent to the floodplain; however, environmental insurance is another question since nothing in the permit refers to environmental insurance. Pauly said the first line would be for the PCA to require it. He said the City may have an opportunity to require it through its own permitting process. He said the facility will obviously require a number of variances. Harris asked if the City can be overridden if we object and don't allow a permit because we are not comfortable with the site and proposed use. Pauly said he didn't believe there is any preemption over local authority. Harris asked for a review of the process in which we are now engaged. Pauly said the comment period ends on May 11. If comments are submitted, those will be taken into consideration and the MPCA may make changes or alteration. He said if a request is made for a public hearing, they might grant the request. He said if a request is made for a contested case, the staff will make a recommendation to the Board and the Board would have to rule on that at one of the public meetings; however, they would probably deny such a request. Harris asked how long the decision process would take. Pauly said it would probably be on the agenda for the meeting held on the 4th Tuesday in June. Harris then asked about the deadline for an EAW request. Pauly said it could be no later than the date the MPCA would vote on the permit. Jullie asked if the City would have to do the MAW. Rosow said if we made the determination on our own, the City would have to do it; however if there is a petition to the PCA, then the MPCA is the responsible unit. City Council Meeting 4 May 8, 1990 Anderson said we have some sensitive areas near the location including a senior citizen facility, a home school, a camp, and a stream that runs down to a school. He said we need to consider what the potential is for escape of these materials and what the potential hazard would be. Pauly said we expect that when they make an appropriate application, it will be accompanied by a site plan with illustrations of the physical layout. He said we could also in the process require further information as to how the material would be handled, and, if the City chooses to require an EAR, that is the kind of information an EAW should cover. Anderson asked if the City would pay for the costs of an RAW. Pauly said it is prepared by the responsible governmental authority. He said we have been asking the applicants for development to prepare those, thereby passing on the cost to the applicant. Anderson said he questioned bringing this facility into a heavily-populated area. Jullie said they don't have another site lined up. Tenpas said he was concerned about any type of waste management facility in floodplains and asked if the MPCA has any regulations in regard to floodplains. Rosow said there are rules for solid waste disposal facilities that prohibit floodplains as a site; however, he hadn't seen any thing in the rules for medical wastes. He said there are many different kinds of permits that they issue. Peterson asked if the attorneys or staff recommend getting involved prior to the formal process of the City. Jullie said staff suggests that we ask for the public information hearing. Peterson asked if we have a public hearing would staff recommend that we have a technical expert prepare the City for a certain line of questions. Jullie said that might be appropriate. Anderson asked what the next steps would be after the public hearing. Rosow said the next step would be the MPCA staff presenting a recommendation to the PCA Board with an opportunity for our comment before the MPCA at that meeting. The third step is the receipt of their application for site plan review and request for variances. Be said the Council may want to have the attorneys examine the ordinances to see if they adequately protect health and safety. Peterson said he would hope that the applicant would recognize that the staff will review every facet of the application and operation and that there is a potential 1 1 0 City Council Meeting 5 May 8, 1990 for environmental and health concerns. Tenpas said he thought it would be prudent for counsel to pursue anything we could do through ordinances regarding the floodplain or through requiring environmental insurance. Pauly said one of the courses of action the City could consider is an amendment of the code relating to zoning which would either eliminate all general industrial uses or non-related uses and eliminate specifically any type of garbage or medical waste. He said another course would be to prohibit the building of this facility because of non-conforming use. He said the minimum lot size is supposed to be five acres and this site is only 105 feet along the street and 250 feet deep--not even an acre. Pauly said the code is ambiguous on the need to have materials stored within enclosures and it does not require that the operation be within a building. He said with regard to the floodplain issue, there is a clear provision that there cannot be any storage or processing of materials in the floodplain; however, only about 20% of the lot is within the floodplain. Pauly said the Shoreline Management Act simply imposes some additional requirements with regard to size of lots, specifically ten acres. Pauly said they will look at the nonconforming use situation a little more closely. He said we might also consider strengthening the code provisions to create greater restrictions with respect to conditions to be imposed which would increase the safety and health aspects. Pauly said he thought this should also be considered in the larger context of our situation with the landfill in that whatever we do to oppose this may gain us a reputation of opposing all such issues. Peterson noted that we will be requesting a public meeting with the MPCA and the applicant and that we will pursue all reasonable methods to ascertain that, if there is a permitted use, it will function properly. OTHER BUSINESS There was none. IV. ADJOURNMENT MOTION: Tenpas moved, seconded by Harris, to adjourn the meeting at 7:20 PM. Motion carried unanimously. JOINT MEETING CITY COUNCIL AND LANDFILL ADVISORY COMMITTEE MONDAY, MAY 14, 1990 CITY COUNCIL MEMBERS: COMITTEE MEMBERS: ALTERNATES: STAFF: FLAGSHIP ATHLETIC CLUB, 7:30 AM Mayor Gary D. Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas Chairman Robert Cox, Tom Brandabur, George Butzow, Jerri Coller, Virginia Gartner, Al Lange, Al Lyng, Sidney Pauly, Patricia Pidcock, Douglas Tenpas, and Glenn Wilson Mark Thompson and Dick Coller Carl J. Jullie and Craig W. Dawson I. CALL TO ORDER/ROLL CALL The meeting was called to order at 7:40 AM. Present were Councilmembers Harris, Pidcock, and Tenpas; Committee members Cox, Brandabur, Gartner, Lange, and Lyng; and Staff members Jullie and Dawson. Also present were Pat Forceia, The November Group; Nancy Greene, Corporate Video; and John Mueller, Eden Prairie News II. NOTES OF APRIL 30 1990 MEETING Pidcock moved and Tenpas seconded to approve the notes of this Committee meeting. Committee members so voted unanimously. III. STATUS OF VIDEO Nancy Greene presented preliminary ideas and messages to be conveyed in the video. It would be a documentary style, as this is the usual method associated with receiving information. It would be more of a "people" story than a technical one. Based on the types of filming to be done, it appeared that two days of shooting would be needed. The estimated budget for the video was approximately $13,000. Council and Committee members wanted to be sure that the messages be factual and objective. Having a few experts on camera could provide a vehicle for viewers to make inferences. The video should be reviewed by the City's attorneys for consistency with the City's litigation. The focus of the video should be on environmental, health, and safety issues. It should present a case that the whole City is fighting the expansion, not just a neighborhood. Thompson moved and Tenpas seconded that the Committee approve the video proposal and to recommend that the City Council authorize funding. Motion passed unanimously. IV. POLITICAL STRATEGY Forceia reiterated his recommendations made at the last Committee meeting. He said he shared concerns expressed by the Committee regarding the video. /21 - 2 - In terms of the City's approach, he said it was necessary always to be factual. It should maintain professionalism when courting allies, the media, and the Legislature; emotionality and excitedness would not serve the cause well. He believed that the landfill expansion could be made a statewide issue. August and September will be busy for legislators. Gubernatorial candidates should be courted. It would be important to have a community event at which candidates would be invited after the primaries so that realistic commitments can be made by persons who will have leadership positions. Forceia could arrange this event. He concluded that alliances need to be made with environmental groups, influence leaders, and newsmakers across the state in order to get this issue to have statewide importance during the elections. IV. PUBLIC INFORMATION STRATEGY A proposal from Mona, Meyer & McGrath was reviewed. It was decided tht a meeting would be appropriate between a Long-Range Strategy Subcommittee, MM&M, and The November Group to determine how the talents of these organizations could be used more economically. The Subcommittee would consist of Brandabur, Lyng; Tenpas, and Thompson. MM&M would be asked to develop a one-page leaflet to distribute at upcoming community events. Brandabur left. Harris was concerned that the Committee had not developed a budget or a sense of how much money might be needed on individual components of the Committee's strategy. The Councilmembers said they would place this matter on the agenda for the May 15 Council meeting. • V. UPDATES Dawson related his understanding that Brandabur would be meeting with WCCO news staff. Thompson and Forceia stated that the City needed to be extremely well-prepared for these meetings. VI. NEXT COMMITTEE MEETING The next meeting of the Committee was set for 7:30 AM Thursday, May 31, at the Flagship Athletic Club. VII. ADJOURNMENT The meeting adjourned at 8:35 AM. EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, MAY 15, 1990 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL 8:00 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick All members present COMMENDATIONS FOR EARTH WEEK PARTICIPANTS Mayor Peterson along with Councilmember Anderson presented commendations from the City Council to those persons and groups who had made special contributions to the success of Earth Week. Staff members Stewart Fox and Craig Dawson were also given special awards for their efforts on behalf of Earth Week. RECEIVE GOVERNOR'S SAFETY AWARD FOR OUTSTANDING ACHIEVEMENT FOR THE CITY OF EDEN PRAIRIE Peterson acknowledged receipt of a letter from the Governor announcing that Eden Prairie had been awarded the 1989 Governor's Outstanding Achievement Award in Occupational Safety for its continuing improvement in reducing the number of "lost time" hours for City employees due to injuries. PRESENTATION OF COMMENDATIONS TO LARRY HOTCHKISS AND BRUCE PREECE FOR THEIR ASSISTANCE DURING AN EMERGENCY Peterson presented a Departmental Commendation from the City of Eden Prairie Police Department to Larry Hotchkiss and J. Bruce Preece who, disregarding the obvious danger of a wrecked plane being near the fuel pit, assisted in removing two of the three passengers from the wreckage of a plane which crashed at Flying Cloud Airport on April 16, 1990. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added to the Consent Calendar Item III.P, Resolution No. 90-145, Authorizing Temporary Transfer from the Trunk Utility Operating Fund; and moved Item X.G.1. Report of the Director of Public Works, to the Consent Calendar as Item Q. Pidcock added Item X.A.1. regarding the Unapproved City Council Minutes 2 May 15, 1990 planting of trees along major City streets. Tenpas added Item XI. A. regarding the status of expenses on landfill litigation; and XI.B. regarding video of site of proposed medical waste facility. Motion to approve the agenda as amended carried 5-0. II. MINUTES A. City Council Meeting held Tuesday. August 1. 1989 Harris moved, seconded by Pidcock, to approve minutes of August 1, 1989. Approved 5-0. B. City Council Meeting held Tuesday. Mar 1. 1990 Harris moved, seconded by Tenpas, to approve the minutes of May 1, 1990. Peterson requested that on Page 9 of the minutes, Item No. 10, the last sentence read "Peterson said he would not support putting Information in the utility bills." Minutes approved as amended 5-0. III. ONSENT CALENDAR A. Clerk's License List B. Resolution No 90-134 Recognizing Dennis Doyle as Recipient of "Small Business Person of the Year" award from the Eden Prairie Chamber of Commerce C. Amendment for Services from Decision Resources. Ltd. for Community Survey D. Approve Final Plat of Round Lake View. Located at the Northwest Quadrant of Duck Lake Road and Valley View Road (Resolution No. 90- 135) E. Approve Final Plat of Phillips 66 1st Addition. Located at the Northeast East Corner of T.H. 169 and West 78th Street (Resolution No. 90-136) F. Approve Request by G.E. Capital for a Land Alteration Permit to Construct a Walking Trail Within its Facility Located South of West 78th Street and West of County Road 18 G. Approve Request by Roger VanTassel, 12255 Oxbow Drive. for a Land Alteration Permit to Construct a Wildlife Pond H. Authorize Director of Public Works to Acquire Outlot B. Red Rock Shores through use of Right-of-Way Acquisibon Loan Fund Administered by Metropolitan Council for Protection of T.H. 213 Corridor (Resolution No. 90-139) Unapproved City Council Minutes 3 May 15, 1990 I. Receive Bids for Summit. Meadowvale. and Red Oak Drive Street and Utility Improvement. I.C. 52-166 (Resolution 90-126) J. jtound Lake View by Zachman Development Corporation. 2nd Reading of Ordinance No. 16-90, Rezoning from Rural to R1-9.5; Approval of Developer's Agreement for Round Lake View; and Adoption of Resolution No. 90-140, Authorizing Summary of Ordinance No 16-90 and Ordering Publication of Said Summary. Location: Northwest quadrant of Duck Lake Road and Valley View Road. (Ordinance No. 16-90, Rezoning; Resolution No. 90-140, Authorizing Summary and Publication) K. Edenvale Crossings by Mitchell/5, Inc. 2nd Reading of Ordinance No. 23-89-PUD-6-89, Zoning District Amendment within the Community Commercial District and PUD; Approval of Developer's Agreement for Edenvale Crossings; Adoption of Resolution No. 90-143, Authorizing Summary of Ordinance No. 23-89-PUD-6-89 and Ordering Publication of Said Summary; and Adoption of Resolution No. 90-144, Site Plan Review. Location: East of Mitchell Road, southeast of Martin Drive/Mitchell Road intersection. (Ordinance No. 23-89-PUD-6-89, Amendment within Community Commercial District and PUD; Resolution No. 90-143, Authorizing Summary and Resolution; No. 90-144, Site Plan Review) L. Request from Podawiltz Development re: Sterling Pond Trait M. Request from Michael Skarn to add 11 a.m. to 1 p.m. Lan Swim oq Sunday N. Policy on Private Use of Public Recreation Facilities 0. Approval of Insurance for June 1. 1990 - June 1. 1991 P. Approval of Resolution No. 90-145. A Resolution Relating to Transfer of Funde Q. Approve Plans for Mitchell Road Street and Utility Improvements. I.C. 52-156 (Resolution No. 90-14Z (Moved from Item X.G.1). MOTION Harris moved, seconded by Pidcock, to approve the Consent Calendar. Pauly discussed Item 0 on the Consent calendar regarding Liability, Property and Workman's Compensation Insurance pointing out the 6% reduction in premium this year. Pauly pointed out that up to 15 or 20 years ago cities were not liable for torts. At that time the Legislature authorized that persons injured because of negligence on the part of governmental agencies and municipalities could sue and recover damages. The cap on this kind of law suit was now $600,000. There were other categories of actions that did not have that cap, Unapproved City Council Minutes 4 May 15, 1990 such as civil rights violations and environmental harm. What was being done by this recommendation was that with respect to those actions covered by the Minnesota Tort Claims Act, the City would not waive the cap on liability. Tenpas asked if $1.6 million was enough. Pauly said this was a judgment call and there have been instances of recoveries more than that amount. Jullie said that there was a time when the City had up to $5 million, but the cost became too high. It had been cut back several times to the present $1 million which is fairly standard for other cities of this size. Tenpas asked if the Council could find out what other communities are doing. Julie said Corporate Risk Management firm was doing a survey on this subject. Consent Calendar approved as amended 5-0. IV. PUBLIC HEARINGS A. ISSUANCE OF $ .740.000.00 IN REFUNDING BONDS FOR EDEN INVESTMENTS PARTNERSHIP (Continued from May 1, 1990) Peterson said that Eden Investments has withdrawn its application. MOTION Pidcock moved, seconded by Harris, to close this public hearing and acknowledge withdrawal of the request. Motion approved 5-0. B. EDEN PRAIRIE FORD. Request for Zoning District Change from Rural to C-Reg-Ser and Site Plan Review on 8.2 acres, with variance for outdoor storage to be reviewed by Board of Appeals, and Preliminary Plat of 24.6 acres into four (4) lots for construction of an automobile dealership. Location: North of Plaza Drive, west of Crown Auto. (Ordinance No. 20-90, Rezoning; Resolution No. 90-141, Preliminary Plat) Jullie announced that this public hearing had been properly published and notified. David Shea, architect for the proponent, Eden Prairie Ford, presented the plans for the building and the surrounding area. Enger reported on the meetings of the Planning Commission of April 9 and May 14, 1990. The Commission discussed land use and how this proposal would work with the City Code. This type of car dealership required outside display and storage of automobiles. Enger had a number of pictures of other dealerships for comparisons and passed them around for Council viewing. The Code did not permit outside display of anything in excess of 10 percent of the floor area of the building no matter what type of business it was. Other outside displays such as Frank's Nursery, were enclosed in the building with no roof. Menards was given a variance for outside storage of Unapproved City Council Minutes 5 May 15, 1990 material on condition the outside storage be screened from all adjacent land uses and public roads. The quandary with auto dealerships was that the industry standard for years was to display a significant number of cars as a way of advertising. Now there was a trend away from the impulse buying and more toward a trend of clustering dealerships. The question the Planning Commission dealt with was whether or not there was an inherent philosophical difference between the Code about displays of material and how auto dealerships can be expected to operate. In the future, would the dealership continue to screen the cars or would the management attempt to call more and more attention to the cars. The Planning Commission wanted to have a statement from the people who would become the operators of this dealership that they were in agreement with City Code and intended to abide by it; if so a screened auto lot would be acceptable. The operators had not given that kind of statement to the Planning Commission. Another issue was the level of lighting of the parking lot area. Auto dealerships traditionally light their parking lots at a level higher than other retail establishments. The Planning Commission decided that an auto dealership should be treated the same as other retail establishments in Eden Prairie such as the Lunds Center or Northwest Racquet and Swim Club. The Planning Commission made a recommendation that the average foot-candle level on the property should not exceed 3-1/2 foot-candles. The proponents indicated to the Planning Commission that they would like to do additional studies on the Lunds parking lot, for example, to determine exactly what that level of lighting was. The proponents have agreed to adhere to the Planning Commission recommendation. There was also discussion about the building itself and it was the opinion of the Planning Commission that the building should be very handsome, state-of-the-art, and a good example of something new in auto dealerships. The Planning Commission received a rendering of the building but not examples of exterior materials and colors. The site plan had been altered significantly from the original site plan and a significant amount of open space had been incorporated. The idea was that there would be a highlighted area to call attention to the building and, once on the site, the automobiles would be very visible. The Planning Commission recommended approval of a request which would require approval by the Board of Appeals and Adjustments to obtain its approval on a variance request to allow outside display and storage in excess of that allowed by Code. The proposal stated that the request was mitigated by screening of all the outside storage. The Planning Commission recommended approval subject to the recommendations of the staff report of May 11. Eager said that under Item 3, "prior to building permit issuance the proponents shall submit samples of exterior building materials for 1,q/7 Unapproved City Council Minutes 6 May 15, 1990 review," normally that was done prior to the meeting of the Planning Commission and quite often prior to City Council review. Enger suggested that the Council review exterior material before final approval. Anderson commented that there were no plans or details as to what was going to happen to the wetlands and no plans for drainage of the floodplain area. Shea replied that there were plans for drainage as part of the package submitted to the Planning Commission. There would he less than one acre of fill in the wetland area. Don Brauer representing Denwal Ford said the encroachment proposed did not encroach on the designated wetland of the DNR, so no DNR permit was required. The Corps of Engineers permit would be issued on the basis of one acre or less of their defined wetlands. These were two different issues. Almost all of it was within the pond area that was excavated for the Menards site. The City and the Watershed District had asked for a more detailed study of the drainage and storage of runoff water, which was in process. Anderson asked who owned this area now,. Brauer replied that there were five pieces, some owned by Denwal Ford, some by Mr. Walter Carpenter. Brauer said that what the proponent was required to provide was a study of the runoff. There was a dike that may have to be modified. Also upstream was a larger functioning pending area that the City had acquired. The purpose of the detailed study was to accommodate the engineering aspects of runoff. Pidcock asked if loudspeakers were part of the plan. Joe Doty, representing the owner, spoke to this issue. He said the only system that would be used would be for phone calls, not for advertisement. Shea said that it would not have to be a large system because the outside lot was not vast and would be more of an intercom for those inside the building or close to it. Pidcock said she was concerned about how the dealership would impact the neighborhood with the general noise that would be created. Doty said it was the proponents intention to comply with any and all laws and codes. The intent was to be a good neighbor. Peterson asked Enger to characterize the Planning Commission's meeting the previous night in terms of issues not quite resolved and any particular reservations that any of the members expressed. Enger said the Commission was particularly concerned about getting a letter of commitment from the owner/operator, who it had not talked with. Peterson expressed disappointment that the owner/operator had not been present either at the Planning Commission or at the Council meetings. Enger said the Planning Commission had a similar concern. Enger said a lot of the discussion revolved around the level Unapproved City Council Minutes 7 May 15, 1990 of lighting and reluctance on the part of the owner to reduce the foot-candle level. Even after continuing from the April 9 meeting the Planning Commission wanted to have the lighting issue resolved, and was asked to look at comparative situations such as Northwest Racquet and Swim Club and Lunds. Northwest Racquet and Swim was selected because there was a lighting diagram that showed the foot- candle level every 30 feet on a grid. That was finally where the average 3-1/2 foot-candle level, with one foot-candle at the edge and no foot-candles off the property, came from. The Denwal Ford Plan was still higher than that standard, although the proponent agreed to the recommendations of the Planning Commission. The Planning Commission was concerned that it had not seen the lighting plan as to placement of lights and level of lights that would reflect the Planning Commission's recommendation on the average 3-1/2 foot-candle level. It was also concerned that it had not seen the exterior materials because so much emphasis had been put on highlighting the building. The Planning Commission was concerned that even if there were a site plan which adequately screened the parking area, would a worse problem be created by making the cars less visible. If the industry needed to operate with more visibility, would there be more need for whirling devices, search lights, etc., none of which were allowed by City Code, but all of which were difficult to enforce if done on a short-term basis. Harris asked for clarification on the letter that the Planning Commission wanted. Enger replied that it wanted a letter from the owner/operator indicating agreement to operate without such devices. The Planning Commission believed that these devices were a thing of the past and that the owner/operator would give assurance that they would not be used. Anderson asked why the Council was looking at the plan now when there were so many loose ends. Enger replied that at the April 9 meeting the Planning Commission this was discussed for two hours and the issues were identified very clearly with the proponent. It was believed that information would be available for the Planning Commission meeting May 14. There had been some revision in the plans but these other issues were not resolved. It was a case where the Planning Commission did not want to delay the proponent as it believed the issues could be resolved. Anderson asked if there had been any undue pressure on the Planning Commission and staff to accelerate the process. Enger said no undue pressure was put on the staff. The Planning Commission made the decision to direct the staff to publish a notice of hearing for the City Council meeting and it made this decision with all the information it had on May 14. Lambert added that the Parks, Recreation and Natural Resources Commission recommended unanimously to approve this plan at its May 7 meeting. Unapproved City Council Minutes 8 May 15, 1990 Tenpas said he would abstain from the vote because of a business relationship with the principals. He said he questioned how practical It was to ask a proponent for a letter of agreement to abide with the law and to operate without whirling devices, searchlights, those kinds of things. If this was done for one developer, it should be done for everybody. Peterson said he was not the intending to ask for a letter saying the proponent would not break the law. As this was the first car dealership that had come this far, it was his opinion that it would not be inappropriate to have an interested owner assure the City Council that the new marketing does not require the old- fashioned approaches to selling cars. Frank's Nursery was asked this same kind of thing. Enger said that there was a stipulation in the development agreement for Frank's that was approved by the Council, which listed the enforcement procedures by which the City would operate in the event Frank's didn't operate in a clean and workmanlike manner. The reason was that Frank's Nursery was asking for something above what the City Code allowed, and the mitigation was these assurances and plans. Anderson Garden and Target also went through a similar procedure. Enger said he believed this was consistent with the way the Council has performed in the past. Pidcock said that she was concerned about Tenpas's relationship with the proponent and his participation at the Planning Commission meeting. Tenpas stated that for the record he was employed by a company that was partially owned by the people that owned this dealership, but the companies were not related. He had no financial gain if this proposal was or was not approved. Brauer talked about lighting on one project he was working on where the city involved was requiring 10 foot-candles of lighting in the parking lot for safety reasons. He believed that soon Eden Prairie would be getting such requests. Ten foot-candles was not sufficient in parking ramps downtown. Shea believed there had been good resolution of the issue of foot-candle levels with the Planning Commission. Shea said he also believed there had been approval of the materials such as bricks and glass that would be used, even though actual samples were not submitted to the Planning Commission. He requested that the minor issues be brought up with the staff for resolution. Anderson said that in reading the Planning Commission minutes he noted that Ma. Dodge was not happy with the plan and that it should come back to the Planning Commission. Commissioner Ruebling also said that he was not happy with it. They voted to recommend approval it but they were uncomfortable with it. They were concerned about the factors being discussed now. Anderson said he would not vote for approval at this time. 42,2 Unapproved City Council Minutes 9 May 15, 1990 Peterson asked Enger about the concept of clustering of automobile dealers, and was there adjacent land that could be considered for a second or third automobile dealership. Enger replied that there were probably other dealerships that could be located in the immediate area. His remark was to show the contrast between the old ways of doing business where auto dealerships would not be near each other to avoid the competition. Harris said she believed there was a long way to go on this project, even though agreement was closer than months ago. She said she thought the loose ends could be accommodated on the second reading. However, with indications of Tenpas abstaining and Anderson voting no, she believed this item should be continued. MOTION Harris moved, seconded by Pidcock, that this item be continued to the next meeting of the Council. In the meantime Harris urged that the remaining issues be addressed. Peterson said he would like to have one of the proponents convey to the owner/operator that the Council would appreciate some verbal expression of the new form of marketing. Anderson said he was concerned about the floodplain area, the materials that come off cars and parking lots, and how the drainage problems were going to be addressed. Motion to continue to the next meeting of the Council on June 5 approved 4-0-1, (Tenpas abstaining.) V. PAYMENT OF CLAIMS MOTION Harris moved the payment of claims, seconded by Pidcock. Roll Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". Motion for payment of claims approved 5-0. VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS. REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS Unapproved City Council Minutes 10 May 15, 1990 IX. APPOINTMENTS A. ADPointment of Seven Members to the T.I.F. Advisory Committee Harris, Pidcock and Anderson said they had one appointment each to present plus one or two others to suggest for at-large members of this committee. Harris appointed Karen Joyer; Pidcock appointed Bette Anderson; Tenpas appointed Bill Naegele; Anderson appointed Ed Schuck; Peterson appointed George Bentley. MOTION Pidcock moved that these persons be approved for nomination to the T.I.F. Advisory Committee. Harris seconded. Motion approved 5-0. Harris suggested Laurie Pennebaker for an at-large member. Pidcock suggested Nancy Jorgensen-Fletcher and Ruth Hustad. Vote was taken by ballot. Dawson announced Ms. Pennebaker and Ms. Fletcher were voted to serve as at-large members of the T.I.F. Advisory Committee. Jullie said a letter would go out this week suggesting a meeting within two weeks. Jullie said that he thought they would have about three meetings. Pidcock said the Council would like to see a copy of the charge to be sent to the Committee. MOTION Pidcock moved, seconded by Harris, that these two persons join the previously-appointed persons on the T.I.F. Advisory Committee. Motion approved 5-0. X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members 1. Planting of Trees Pidcock discussed planting of trees along the main streets in Eden Prairie. She said she would like to see trees along every street as done in Chanhassen. Peterson said that perhaps the Council should study and revise its policy in a work session. Peterson asked Dietz if he could provide a memo to the Council on this subject, expressing implications of what some policy changes might be. Dietz said that the policy really depends on how close one desired to have trees to the street and have them survive the salt in the winter. Unapproved City Council Minutes 11 May 15, 1990 B. Report of City Manager C. RePort of City Attorney D. Report of Director of Planning E. Report of Director of Parks. Recreation and Natural Resources 1. Riverview Spring Lambert went over the plans for Riverview Spring, making it a historic site while discouraging the use of the water for drinking purposes as mandated by the State. Peterson recommended that the City do the minimum amount of work necessary this year and let the Parks, Recreation and Natural Resources Commission and the Historical and Cultural Commission put this on their future agendas for consideration for the next calendar year. Lambert said the work could be done any time in the future. Anderson said he was happy with the plan as it would preserve some of the beauty of the area. Lambert said this plan would cost about $1500 without any signage. Tenpas said he would recommend doing this for this amount of money. Anderson said he was also in favor and letting the Historical and Cultural Commission come up with ideas for the signage. MOTION Anderson moved that staff recommendation be approved. Tenpaa seconded. Motion approved 4-1 with Peterson voting Nay. F. ,Report of Finance Director G. Report of Director of Public Worki 1. Graffiti Bridge Alternatives Dietz referred to the new memorandum from the Historical and Cultural Commission dated May 9 and another copy of his memo of March 30. Since the last time this item was discussed, Tote's, Inc. had formed a new management team and had backed away from any financial support. The Historical and Cultural Commission had developed a new proposal which would take the top off the bridge and move the abutments out to accommodate the roadway. Dietz's observation was that this idea would still be fairly expensive. In addition Hennepin County would be owning that right-of-way and the County had gone on record as saying Unapproved City Council Minutes 12 May 15, 1990 it did not want anything remaining of the bridge in the right-of- way. The Historical and Cultural Commission argued that light- rail transit was so far in the future that spending $90-100,000 would be justified to save that bridge or parts of it, and the coat could be amortized over a period of time. However, when the County came into ownership, it would not negotiate leaving the bridge there. Dietz's recommendation was that if the desire was to have a graffiti facility, incorporating that into a retaining wall on the north side of the roadway would be the best alternative. Harris said that if anything were done at all, this recommendation would be the most feasible. She questioned whether the graffiti wall would ever be used after the new road is constructed. Tom Robertson, 6963 Woodland Drive, spoke. His company owned property on the east aide of the bridge and on the north side of Valley View Road to the west of the bridge. He said that although he had some sentimental feelings about the bridge, his opinion was that once the real graffiti bridge was gone, it could not be replaced. As it was, the bridge posed some public safety hazards, and to try to duplicate the bridge would not be a good use of City funds. He also pointed out that it would not be fair to potential residents of the adjacent property to have paint spraying going on in their back yards. John Hensrud, Chair of the Heritage Preservation Committee and a member of the Historical and Cultural Commission spoke. lie recommended against creating a new graffiti bridge. He pointed out that the bridge itself was not historical. What was significant was what was painted on the bridge. He said the best recommendation his Committee could make would be to save the south abutment. Tenpas suggested doing a video tape of people putting paint on the bridge, and having a permanent display at City Hall as a remembrance. Peterson and Anderson agreed that the bridge should be removed. NOTION Pidcock moved, seconded by Harris, that Graffiti Bridge be removed. Motion approved 5-0. Unapproved City Council Minutes 13 May 15, 1990 XI. NE'W BUSINESS A. Status of Litisation Expenses Tenpas requested an update of expenditures year-to-date on the landfill. He questioned the item of Linda Lehman and encouraged staff to get information from her as to whether her fees would continue at that level or if she was nearly finished. Peterson said that because she works at the discretion of the City's attorneys, perhaps they could provide some projection for the remainder of the year. B. Video of Site of Medical Waste Incincerator Tenpas said he had driven past the BFI site where medical wastes are being disposed. He had asked staff to take a video of this site so that Council could see it. Peterson said that a public meeting is in the process on this subject. XII. ADJOURNMENT MOTION Anderson motioned to adjourn at 10:20 p.m. Seconded by Pidcock. Motion approved 5-0. la R 6 UNAPPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING 9:00 AM, CITY HALL Mayor Gary D. Peterson, Patricia Pidcock, and Douglas Tenpas Richard Anderson and Jean Harris City Manager Carl J. Jullie and Finance Director John D. Frane WEDNESDAY, MAY 30, 1990 COUNCILMEMBERS PRESENT: COUNCILMEMBERS ABSENT: CITY COUNCIL STAFF: The meeting was called to order by Mayor Peterson. Tenpas moved, seconded by Pidcock, to approve the temporary liquor license for the Eden Prairie Lion's Club for Schooner Days to be held :lune 1, 2, and 3. Motion carried unanimously. The meeting was adjourned at 9:15 AM. 0'1 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 5, 1990 CONTRACTOR (MULTI-FAMILY & COMM.) All-State Fire Protection, Inc. Buckner Enterprises, Inc. Control Data Corporation Marco Construction Company Sass Construction, Inc. Westbrook Development, Inc. CONTRACTOR (1 & 2 FAMILY) Anderson, Soderman, Inc. Crask Homes, Inc. Dietrich's Construction 3 Painting First Landmark Builders, Inc. Rich Gardner Homes Henjum and Hayes Inside & Out Remodelers Light & Sound Homes Luknic Enterprises, Inc. Lynne Homes, Inc. Metro Handy Man, Inc. Residential Services Ed Sandin Construction Twin town Remodel ers Wilson-Fisher Home Builders, LTD. PLUMBING C. J. Services Commercial Plumbing & Heating Consolidated Plumbing UTILITY I1NSTALLER Consolidated Plumbing HEATING & VENTILATING Construction Mechanical Services R & S Heating &Air Conditioning, Inc. MECHANICAL GAMES Harold E. Awe Co., Inc. GAMBLING (Class A) Optimist Club of Glen Lake (at the Eden Prairie Legion) Laryngectomes Speak Again (at the Eden Prairie Legion) with waiver of 60 day waiting period. ON SALE WINE & BEER Mister Q'S Vietnamese Cuisine These licenses have been approved by the department heads responsible for the licensedAactivity. ag F MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resource DATE: May 31, 1990 SUBJECT: Request from Rustic Hills Neighborhood for Improvements to Rustic Hills Park Attached is a memo from Barbara Penning Cross, Landscape Architect, regarding a request from the Rustic Hills neighborhood for improve- ments to Rustic Hills Park. Due to the lack of a quorum at the May 14th meeting, the Parks, Recreation and Natural Resources Commis- sion will not be reviewing this until Monday, June 4th, although, three Commission members did hear the request at the May 14th scheduled meeting. The staff recommendation is as follows: 1. City to install 2 park benches, 2 picnic tables, and 1 grill this summer. 2. City to plant shade trees around the totlot in the fall of 1990. 3. City to acquire a new swing set with 6 seats in 1990, only if the City is able to collect $800 in donations for this pur- pose. 4. City staff will include a request for $3,200 for playground equipment in the 1991 budget request. 5. City to skin the infield of the ball diamond during the summer of 1990. 6. City staff would not recommend flooding a skating rink in this park due to its proximity to other available skating rinks. If the recommendation of the Parks, Recreation and Natural Re- sources Commission is other than the staff report, staff will request discussion at the City Council meeting on June 5th. BL:mdd rustic/10 MEMORANDUM Parks, Recreation and Natural Resources Commission Mayor and City Council Robert A. Lambert, Director of Parks, Recreation and Natural Resources Barbara Penning Cross, Landscape Architect9X„, May 18, 1990 Request from Rustic Hills Neighborhood for Improvements to Rustic Hills Park During the summer of 1987 play equipment, backstops and ten n i s courts were installed in Rustic Hills Park. The playstructure w a s typical of neighborhood park structures with several swin g s , several slides and climbing apparatus. Several weeks ago some o f the residents in that area met with me to discuss the need f o r additions to the park. They stressed that there are many child r e n in the area who use the park frequently, and the playstructure i s not large enough to accommodate the growing number of children w h o use it. The swings are of particular importance because of t h e popularity. The immediate concerns they would like to see for 1 9 9 0 are as follows: 1. Several park benches placed near the play equipment. 2. Several picnic tables for family picnics. 3. A grill for cooking. 4. Shade trees placed south of the totlot providing shade for the playstructure. 5. A new swing set with six seats. I stated the first three things on the list could be provided b y our park crews as soon as they were able to install them. Our Pa r k Manager estimated they would have these improvements someti m e i n June. He also stated that we have money for four shade trees t h a t could be planted south of the totlot to provide shade. These tre e s could also be planted sometime in June. The six seat swing set is priced in the catalogues at about $80 0 . Cash park fees are now exhausted with the recent acquisitio n o f two parcels, so money for the swing set is not available. S t a f f does not have a source for money during this budget year. If t h e neighborhood can raise enough funds for the purchase of the s w i n g set, the City will commit to coordinating the project a n d installing the swing set. If the neighborhood is not able to r a i s e the money, unfortunately, the staff sees no option except to p u t in the 1991 budget. A tot seat could be substituted for a b e l t TO: THRU: • FROM: DATE: SUBJECT: aqq seat at the existing swing set, if this would help alleviate any problems. The enclosed petition and cover letter also requests several items to be included on the 1991 budget. These items are: 1. Additional play equipment including climbing apparatus, sand cranes, and spring animals. 2. Sand volleyball court. 3. Skinned baseball diamond for with only the bases and a pitchers mound skinned. 4. Skating rink to be flooded during the winter. I would recommend that money to purchase additional climbing structures, spring animals, and sand diggers be added to the .1991 budget. As stated above, money for the swing set should also be included in the 1991 budget if the neighborhood is not able to raise enough money for the swing set. I spoke to our Park Manager concerning the volleyball court, the skinned infield, and the skating rink. The Park Manager stated there would be enough money in the 1991 budget for the park maintenance crew to install a volleyball court. He.also said there would be money to do a skinned infield in the ballfield, but expressed concern about the partially skinned field. Small areas are very difficult to maintain and he would like to see either the whole thing skinned or the whole thing left alone. The request for a skating rink will need to be a policy decision for the Parks, Recreation and Natural Resources Commission. Staff has used a one mile radius within the City to determine where skating rinks need to be located. Rustic Hills Parks falls within the one mile radius to Prairie View School/Park, where a skating rink and a hockey rink already exit. Two mini rinks were installed last year on a trial basis. Both locations, Wyndham Knoll Park and Carmel Park, fell outside the one mile radius to an existing facility. BPC:mdd rustic/10 IR 30 May 9, 1990 Dear Parks Recreation and Natural Resources Commi s s i o n , The neighbors and friends of RUSTIC HILLS PARK r e s p e c t f u l l y request that improvements be made in order for t h e p a r k t o m o r e adaquately meet the recreational needs of our neig h b o r h o o d . Specifically, our immediate needs for 1990 inclu d e i n f a n t a n d preschool swings and trees for sun protection. W e a l s o r e q u e s t that the following play equipment and park e n h a n c e m e n t s b e provided for in the 1991 budget: additional climbing apparatu s , sand digging cranes, spring animals, 'a volley b a l l c o u r t , a n d skinning of the baseball diamond. We also reque s t t h a t a s m a l l skating rink be flooded in the winters. In the RUSTIC HILLS PARK neighborhood, the peo p l e a r e v e r y much interested in having an active participato r y r o l e i n t h e betterment of their park. Many people are willing t o d o n a t e t i m e and/or funds in order to reach our goals. The at t a c h e d p e t i t i o n notes many of the children who will benefit d i r e c t l y f r o m a n y park improvements as well as those households willing to donate funds for the park's use. We hope you will find merit in our reque s t s f o r t h e improvement of RUSTIC HILLS PARK and recomm e n d t o t h e c i t y -council that (mr requests for 1990 be approved a n d t h a t f u n d s b e slotted in the 1991 budget to meet our remaining n e e d s . Sincerely, Neighbors and Friends of Rustic Hills Park Claire Hilgeman 17493 Rustic Hills Drive 937-8373 1 • • - NAMES & AGE WILLING TO SIGNATURE ADDRESS OF CHILDREN DONATE FUNDS _ f\-n __ I fro /70#/ irtaerib;riJ7qq gt57v. /LAA Gto FL 4-) itAelt/ deCt4(/614) 41‹ Kucl cAs al, e ,• Of 11'43l NekAtne.. (.3.0) 14.)&c ifis (6. a nyiy ,etara- Allzs oi 1 -75-Z9 /7553 la.apez:c. Vats L2.. iet.a /ata. 71.(14.c./1 e 0.re Pe /7 sq?"oez.riVe 4-4. , ,ç.,,,424 • ,,=7. Jahn jaLet El e:h 1 17577 eaSiy Hi/ LS De (,-zy- 444,07-0-0) ley & e,$) an_ (3) Neuss4 ( I mo) j78r..a;,.. 14,,;11 0 1.A T (o/J t/ ) ‘ oni _ sz Attz, /714 Awe Az ..„.--., a • ' 't I I 'q,..{ ,-, a ICr) NAMES & AGE WILLING TO SIGNATURE ADDRESS OF CHILDREN DONATE FUNDS l'a(if 78 gat. S ri n a Z4kt -JO 17 3V KAmi 4s. 404/111.± •4464.., _/7 96k _ gasric //-5 -/z4 -/"fr"em4:/z) • _ C.?Ort Cot kivi ho woteeyb.e orb Pr 4)614 41/4v to itckt- N4(.14 ,J -/_j 11376 Tht..644lts .5t09 Lis_PC. /4; )I D. //7"14"416) //47 Oast, iii4471 '(54,/) /wit. rivAA-Oor 6,;d4c /7go ( L. fi 1-Th."14•1 tir 5Cka) zek) r '4-2_1 a oxr / / ("474Z -7 16;75g WeepArLA aqllt 717 1 ) fitkAt.psjp ina2e bdi t BLLQ Ct.ore«. itm I Q3 NAMES & AGE WILLING TO SIGNATURE ADDRESS OF CHILDREN DONATE FUNDS C2 ,4 q 143k snr .•,:ge_ . ,Je 4, c i... /J.:7 4--...Ctifretrt. (...424..4.6&z.A.F 412-4-3 r. .11—.."1- ir 17---H- u es 1, .2'n "--n r .' k n li'i).6J;Aly' rbetIke: •I' ji-. be/VP Steven l)ronert, ()elks bi-.1(es - 6x3 ,/ avaimq j2Z ii. Ai'. .6r ., :,;r4, e„,.. (gat-r---, 4,2.51 wt.ottzi 040 4...r, 4 yi. • goo fl..;All Sr3 W,, . A,•71. . I yi . Ytti,L4liuitt 0".v. YYI t,M5 ri .10AN't• t1)) SIGNATURE ADDRESS NAMES & AGE WILLING TO OF CHILDREN DONATE FUNDS 4itti%A-41tei"°g-tev.ro 3-A.14-te C3) -frIcat3L0 CiztAritt /lArrr: 650D- ' &St Z+11,(&31b- 6r1ied rrAlki2i. (6) EXPlictel 84 :UNA) 652 ‘o, /Jeifidgev)(A. (4) &bag w KrraT(a) A t,501 (,) 44/6-460..,4. i ea) paq at— hallituv z 6 ,44.0 grithi VkA) e/ite ghmi 6374, (AA-044E40G a adtel ft-not ha Zwis§ 0 - A( Ic NAMES & AGE WILLING TO SIGNATURE ADDRESS OF CHILDREN DONATE FUNDS 2(tiYatA311-n.. (v PAD .7).(AAry,c,c,,( .47) ,,oh KNo -iti. 0 4/ troc-r) 9re Otic/( Ick )RY Akh(lcs-(.5--) /gm 944 3o0 Dtia toe AA4 411 LA^ 6W Mid: w.t- Po. iliA 4,6 Daeie-1.11A_P-D ntnna/v ge ',lie?) Li - ." . . ..0..QA (oloo Dock (aila tZ4 i.h,a ..-7) (#0' 01-talka4 `4011t5 ew))/ca‘4P,/ 1 _314„c .cp2,:,,v, 4 ce roo 44,4koltLer1 'Rota , A 13 AN \itAngn 4)4%0 "buck LAE Bel 1 64) Tocl 40-110 Duck LAM_ Rd I BICIA4‘)E(4) NAMES & AGE WILLING TO ADDRESS OF CHILDREN DONATE FUNDS 6,7 , Nowt.(34) 144.0 rtaLbAed 13.444 nA (3 ) 424/07 4AA 7 -04/11,AJ-144 O2 4:77C Jeti-il • A.,er. tte -71-4-rut_ -nuta a 6,2/q /7),r9 y -A /715 7 I D.- ?rw If fr iwba LocaC#15 oa• • pvu, • Ai4k. (43 - ;9) ,1141 N9 'MAI t<2413 14/) ? e& a& ocn3 Rustic Hills Park contains a tot lot with two preschool swings, two climbing features, a steering wheel, and two slides. There are two tennis courts, with one being a combination basketball court, and a baseball backstop. Id7 UNAPPROVED MINUTES EDEN PRAIRIE PARES, RECREATION 6 NATURAL RESOURCES COMMISSION MONDAY, MAY 21, 2.990 COMMISSION MEMBERS PRESENT: COMMISSION MEMBERS ABSENT: COMMISSION STAFF: I. ROLL CALL 7:30 P.M., CITY MALL 7600 EXECUTIVE DRIVE Bud Baker, chairperson; David Kuechenmeister, Del Vanderploeg Paul Karpinko, Pat Breitenstein, Pat Richard, Karon Joyer Bob Lambert, Director of Parks, Recreation & Natural Resources; Barb Penning Cross, Landscape Architect; Laurie Melling, Recreation Manager The meeting was called to order at 7:30 p.m. by chairperson Bud Baker. Upon determining there was an insufficient number of Commission members able to attend the meeting, Baker informed the audience that a quorum was not met; therefore, the Commission could not take any official action on any of the items on the agenda this evening. Baker apologized to the residence in attendance and indicated the Commission members present would hear the concerns of each neighborhood and the petitions and these items would be continued to the June 4, 1990 meeting. II. PETITIONS. REQUESTS AND COMMUNICATIONS 1. Petition from Rustic Hills Neighborhood Concerning Plavaround Improvements - Barb Cross summarized the background information regarding the history of the park and discussions she has had with neighbors and summarized the petition submitted by the neighborhood. Claire Hilgeman, 17493 Rustic Hills Drive, spoke as the person representing the neighborhood. She indicated they requested playground equipment and improvements to the park as there are 143 children under 16 years of age within the immediate neighborhood and 10 licenced day care providers within a three block area of the park. Ms. Hilgeman indicated the request for 1990 was to install trees around the playground equipment, some park benches, picnic tables, and a swing set to accommodate the high numbers of children that play in that playground area. They also requested that for 1991 to have the City install additional climbing apparatus, IP3c) Unapproved Minutes -PRNRC - May 21, 1990 skin the infield of the baseball field in order to encourage kids to play there (rather than in the tennis court), and to provide additional sand around the playground apparatus to improve drainage. Cross indicated the staff was recommending the City commit to installing park benches, picnic tables, grill, and 4 trees near the playground equipment this year. All remaining funds in the cash park fee fund are committed for additional projects; therefore, the only method of providing funds for the additional requests is through a 1991 budget request, or if the neighborhood is able to raise funds in some other method. Cross also indicated that a skating rink has been requested and that request would be against policy to provide skating rinks within the 1 mile service area of an existing rink. This area is within the 1 mile service area of the hockey rink and skating rink located at Prairie View School/Park. Del Vanderploeg indicated that he did visit the site and agreed there were a lot of children using the facility. He noticed there was standing water under the swing and slide area. David Kuechenmeister asked if the residents were committed to donating funds to purchase the swing set for 1990. Ms. Hilgeman indicated that 60% of the residents indicated they would donate money toward this project, and asked if money were donated whether or not the City could order the equipment this year. Lambert indicated that as soon as there was sufficient money collected to pay for a swing set, the City would submit an order. He also indicated that if money was collected in 1990, but was insufficient to pay for a swing set in 1990, it could be put toward construction of facilities requested for the 1991 budget. He indicated that if people were interested in donating to the Rustic Hills playground improvement project, they should write a check to the City of Eden Prairie (Rustic Hills playground improvements). Baker indicated that the City would install the facilities committed for 1990 and would include their request in the 1991 budget. He also indicated that this item would be included on the June 4th agenda for review and approval by the full commission prior to be forwarded to the City Council. 2. Letter of Request from Pat Thomson. Manager of Senior 2 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources -1*L., DATE: May 16, 1990 SUBJECT: Bicycle/Pedestrian Trail Across International School Property At the March 13th meeting the City Council reviewed International School Phase II and approved a first reading for the second phase of the building. The City Council indicated that prior to second reading City staff were to investigate all alternatives for a bicycle/pedestrian connection from Beach Road to Bryant Lake Park. On March 28, Councilman Anderson and I met with Tracy Whitehead and the owner of International School to review the City trail system plan and the history requiring a trail connection from the west side of 494 to Bryant Lake Park on the land just north of Bryant Lake. Although the owner of the International School understood the City's rationale for the trail connection, he continued to oppose any trail across his property in order to protect "his property, his students, and his liability". Ms. Whitehead suggested that perhaps the City could construct a trail across the northern part of their property and staff agreed to meet with Ms. Whitehead to determine if there was a trail loca- tion on the northern portion of this property. Barb Cross, Park Planner for the City, and I met with Ms. Whitehead and her landscape architect to determine if there was an appropriate trail location on the northern portion of the International School property. The only acceptable location for a trail, from Ms. Whitehead's point of view, was in the right-of-way for Crosstown Highway east of the Beach Road entrance, which is also the entrance to the International School. Construction of a trail along this section of Crosstown Highway would require a retaining wall approx- imately 3' to 4' high and nearly 900' in length. A trail in this location would also require a 6' chain link fence along the down slope side of the trail the entire length of the trail. On April 18th, I contacted Bill Warden, the individual at MNDOT, that grants permits for development within State highway right-of- ways. Mr. Warden indicated that they do not allow trails to be constructed inside the chain link fence line along "controlled access interstate highways". Crosstown is designed as a controlled access interstate from Beach Road to the east. Mr. Warden further a 41 stated that "we don't like people disrupting our 3-1 slopes", and would not like to see a trail constructed along any 3-1 slope. When asked if he would give a formal acceptance or rejection of this concept, he indicated that he would not until the City sub- mitted plans and specifications, so he could "see what he was reviewing". He did, however, make it very clear that it is a policy not to allow construction on 3-1 slopes and not to allow construction inside the right-of-way line along controlled access freeways; therefore, it is highly unlikely the City would be able to obtain permission to construct a trail in this location. In the discussion with Doug Bryant, Superintendent of Suburban Hennepin Parks, Mr. Bryant indicated it is the intention of the Park Reserve District to provide a public access to their parcel of property known as the "Hanley property" along the north end of Bryant Lake. Mr. Bryant was supportive of a joint park District/City project to provide the trail to Bryant Lake Park via the Hanley property. Staff would recommend that the City Council reconfirm the concept of a pedestrian/bicycle trail access to Bryant Lake Park from Beach Road across the International School property connecting to the trail system in Bryant Lake Park. Staff would further recommend that when the Suburban Hennepin Parks District initiates the first phase development of Bryant Lake Park, the City of Eden Prairie and Suburban Hennepin Parks jointly initiate a trail connection project from Beach Road to Bryant Lake Park across International School property on the north end of Bryant Lake. BL:mdd school/9 lAtia MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert Director of Parks, Recreation & Natural Resource DATE: May 24, 1990 SUBJECT: Approval of Reimbursement to Watershed District Board For Lake Riley Chain of Lakes Cleanup Project Attached is an April 18, 1990 letter from Raymond A. Haik repre- senting the Riley-Purgatory-Bluff Creek Watershed requesting City payment of $8,333.00 the City had committed to the Lake Riley Chain of Lakes restoration project. Also, attached are the April 19, 1988 Minutes that indicate City Council support of the payment with the condition that the City of Chanhassen agree to acquiring the necessary public accesses upstream. A copy of the June 13, 1988 resolution from the City of Chanhassen committing to acquiring the necessary public accesses on Lake Lucy and Lake Susan is attached, as well as the City of Chanhassen's staff reports relating to this project. The Riley-Purgatory-Bluff Creek Watershed District Board of Direc- tors authorized Barr Engineering to proceed with developing the work plan for the Lake Riley Chain of Lakes improvement project as soon as Chanhassen passed the resolution committing to acquiring accesses at both lakes, thus meeting the City of Eden Prairie's requirement, as well as the overall project requirement of acquiring accesses on all lakes that were impacted by this project. Chanhassen was able to acquire an access on Lake Susan but after many public meetings and lengthy negotiations, has been unable to acquire an access on Lake Lucy as of this date. Eventually, the Environmental Protection Agency withdrew the Grant Funding for this project due to the long delay in initiating the project which was caused by the delay in acquiring access on Lake Lucy. In the mean- time, the Watershed District had expended in excess of $20,000 in developing the work plan. Although this project is "on the shelf" for now and is not eligible for any funding until an access on Lake Lucy is acquired, the Watershed District is requesting reimbursement for funds expended to date. City staff recommend reimbursement of the Riley-Purgatory-Bluff Creek Watershed District in the amount of $8,333 for funds invested in this project and further request that this investment be con- sidered in any local matching costs that may be attributed to a similar clean waters project for the Lake Riley Chain of Lakes in the future. BL:ssg Engineering Advisor: Barr Engineering Co. 7803 Glenroy Road Minneapolis, MN 55435 830-0555 Legal Advisor: Popham. Balk, SeJmobrich & Kaufman 3300 Piper Jaffrey Tower Minneapolis. MN 55402 333-4800 Riley-Purgatory-Bluff Creek Watershed District April 18, 1990 Mayor and Council 1 Mayor and Council City of Chanhassen City of Eden Prairie 609 Coulter Drive 7600 Executive Drive Chanhassen, MN 55317 Eden Prairie, MN 55344 RE: MPA/EPA Agreement for Implementation of Lake Riley Chain of Lakes Restoration Project Dear Council Members: The Managers of the Riley-Purgatory-Bluff Creek Watershed District were disappointed that the demonstration project for protection and restoration of the Lake Riley Chain of Lakes did not proceed to the second stage. A growing public awareness of the need to control non-point source pollution highlighted the value of this major demonstration project funded in large measure by the Environmental Protection Agency through the Minnesota Pollution Control Agency. The Managers are working with the Minnesota Pollution Control Agency and Environmental Protection Agency to retain the option to carry out the second stage of the project at some future date. This will require the active assistance of the Cities of Chanhassen and Eden Prairie, particularly with regard to project requirements requiring action by the municipalities. The Riley-Purgatory-Bluff Creek Watershed District undertook the project following agreements by Chanhassen and Eden Prairie to pay a portion of the local project costs up to an amount not to exceed $8,333.00. Action was taken by the Chanhassen City Council on April 25, 1988, and by the Eden Prairie Council on April 19, 1988. mug Page 2 Mayor/Council Eden Prairie Mayor/Council Chanhassen April 18, 1990 The District encloses an invoice requesting payment from your municipality of your agreed upon share of the initial project costs of $8,333.00. Sincerely, R /124*A1444//44 ymond A. Haik RAH/73 cc: Board of Managers Riley-Purgatory-Bluff Creek Watershed District Barr Engineering Riley-Purgatory-Bluff Creek Watershed District Engineering Advisor: Barr Engineering Co. 7803 Glenroy Road Minneapolis. MN 55435. 830-0555 Legal Advisor: Popham, Haik, Schnobrich & Kaufman 3300 Piper Jaffrey Tower Minneapolis, MN 55402 333-4800 INVOICE City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: City's Share of Chain of Lakes Project Cost $ 8,333.00 Please remit payment to the Treasurer of the Riley-Purgatory- Bluff Creek Watershed District in the enclosed self-addressed envelope. ( ( Eden Prairie City Council Meeting April 19, 1988 Page 10 At the Parks and Recreation and Natural Resources meeting on April 18th, Larry Paumen, 9712 Clark Circle, indicated the estimated costs seemed high and that he and Bob Humphrey's, 9365 Garrison Way, would plant the shrubs themselves saving on contractors expenses for installing shrubs. MOTION Pidcock moved, seconded by Harris to accept the Staff recommendation. Motion carried unanimously. 3. LAKE RILEY CHAIN OF LAKES IMPROVEMENT PROJECT Lambert repotted that in mid-1986. the United States Environmental Protection Agency awarded a grant for the Lake Riley Chain of Lakes Improvement Project. A feasibility study was conducted thereby becoming eligible for a Clean Lakes Program Grant Application. The major goal of the project was to improve the water quality of Lake Riley; however, the project would include removal of rough fish on all of the lakes upstream by installing fish barriers, aerators where needed, and biomanipulation and aeration of Lake Riley. Staff recommended that Council authorize entering into an agreement with the Watershed District and the City of Chanhassen for local support of this project with the condition that the City of Chanhassen agree to acquiring the necessary public accesses upstream and to fund 50% of the ongoing aeration and maintenance costs for Lake Riley where by the City's cost would be approximately $7,550. MOTION Harris moved, seconded by Bentley to authorize Staff to enter into an agreement with Watershed District and the City of Chanhassen for local support of the clean up project under the condition that the City of Chanhassen agree to acquire the necessary public accesses upstream and agree to funding 50% of the ongoing aeration and maintenance costs of Lake Riley. Motion carried unanimously. 4. PURGATORY CREEK RECREATION AREA MAJOR ACCESS Lambert reported that since 1981 when the Purgatory Creek Recreation Area Plan was originally approved, the feasibility of the plan was studied and the proposed major access was moved several times due to development of land or willingness of a property owner to sell land to the City for development of the access. He reported that the most recently approved plan was located on the property line of the Feeders and Naegele properties. Representatives of the Feeders property have recently suggested a realignment of Technology Drive and a modification of the major entry that would occur along the south side of the realigned Technology Drive. The proposed design looked feasible on the plan; however, the proposed area consists of deep peaty soils and Staff was concerned regarding the feasibifity of actual construction of an entry in that location. Lambert stated that the property immediately south of the Flagship Athletic Club and north of the development formerly referred to as Castle Ridge, was another possible entry. Staff recommended an access at both locations; however, the major access should be determined in the near future and sufficient property acquired in order to develop the access and necessary parking for this park. Staff recommended that Council authorize hiring Brauer and Associates to review the feasibility of the design proposed on Feeders site and to develop a design on the site south of Flagship for a major entry. Staff estimated the study would take no more than six weeks and cost less than $3000. MEMORANDUM FILE COPY CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 JUN 3 V 1988 TO: Don Ashworth, City Manager WIFIR Rift Da FROM: Lori Sietsema, Park and Recreation Coordinator Jo Ann Olsen, Asst. City Planner 600 4; DATE: June 9, 1988 SUBJ: Approval of Formal Commitment, Lake Riley Chain of Lakes Cleanup Project The Cities of Chanhassen and Eden Prairie and the Riley-Purgatory-Bluff Creek Watershed District agreed to each contribute $8,300 towards a $50,000 budget for the Lake Riley Clean Lakes Project work plan. The work plan was to be initiated immediately by the Watershed District and completed by November 30, 1988. The work plan will provide a timetable and implemen- tation plan for the clean water project. The DNR is contributing close to $500,000 towards the clean water program and as part of this is requiring any of the lakes involved in the program to have a public boat access. One of the factors affecting the funding of the project is that Lake Lucy and Lake Susan do not have public boat accesses. The DNR and PCA want some form of commitment from the City of Chanhassen that a public boat access will be provided on Lake Susan and Lake Lucy. Lake Susan has land available for a public boat access and funds have been applied for for the development of a public boat access. Lake Lucy does not have the property or any immediate plans for a public boat access. Because of this, it was necessary to meet with the Pollution Control Agency-and the DNR to determine what the consequences would be if a boat access was not possible on Lake Lucy and what exactly were they defining as a public boat access. On Thursday, June 2, 1988, staff (Jo Ann Olsen and Lori Sietsema) met with members from the Riley-Purgatory-Bluff Creek Watershed District, the Pollution Control Agency and the DNR to discuss the issue of a public boat access on Lake Lucy. The PCA and DNR stated that a public boat access on both Lake Lucy and Lake Susan was necessary for them to participate in the project. Staff explained the difficulty of immediately locating a public boat access on Lake Lucy. Staff explained that the City did not control land suitable for a public boat access at this time but would pursue locating a public boat access through a study group and any required public hearings and would initiate this process immediately. 9 Don Ashworth June 9, 1988 Page 2 The ONR and the Pollution Control Agency requires some form of commitment from the City to the pursuit of a public boat access - for Lake Lucy. This commitment is preferred prior to the expen- diture of the $8,300 from Chanhassen, Eden Prairie and the Watershed District for the work plan. Both the Watershed District and Eden Prairie prefer not to spend the $8,300 on the work plan if the additional funding needed for the whole project will be removed by the DNR and the Pollution Control Agency. Staff has prepared the attached proposal with a timetable for the location and improvement of a public boat access on Lake Lucy. Also attached is a letter of commitment from the Chanhassen City Council. Staff feels that if we can provide the timetable and the letter of commitment that this will satisfy the DNR and the PCA and that the project can move forward. Staff recommends that the City Council approve the attached letter of commitment and timetable and that it be signed by the mayor and sent to the DNR, PCA and the Watershed District. ivoq June 9, 1988 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 Riley-Purgatory-Bluff Creek Watershed District Attn: Bob Obermeyer 7803 Glenroy Road, Suite 100 Minneapolis, MN 55435 Dear Mr. Obermeyer: am 25 19" Be125 glitalt. The Chanhassen City Council recently made a commitment to the Lake Riley Chain of Lakes Program. They have approved the expenditure of $8,333 to help pay for the development of the work plan. Additionally, the Council is aware that public access is required on all of the lakes involved in the project. As access is not currently available on Lakes Lucy and Susan, the attached schedule was approved for the development of such. The City does not believe it will take long to complete the installation of an access on Lake Susan, as parkland is currently owned by the City that is suitable for lake access. Lake Lucy presents some problems due to the wetlands and the development around the lake. Therefore, the schedule for public access on Lake Lucy is considerably longer. The LAwCON Grant application process is included in the schedule as the city is unlikely to afford these projects without financial assistance. LAWCON applications are submitted for projects to be started the following year, i.e. applications are submitted in 1988 for 1989 projects. Chanhassen has been very successful in the past having received at least 8 grants in the past 10 years. Also attached, please find a resolution outlining the City's commit- ment to gain access on Lake Lucy and Susan. The Chanhassen Park and Recreation Commission will act as the lead agency for the access pro- cess. As I am the staff representative for this commission, please contact me if you have any questions. Sincerely, nSLt-si 1L.; • Lori Sietsema Park and Recreation Coordinator Enclosure Don Ashworth-City Manager CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: _June 13 1988 RESOLUTION NO: 88-57 MOTION BY: Geving SECONDED BY: Horn A RESOLUTION OUTLINING THE CITY'S COMMITMENT TO PUBLIC ACCESS ON LAKE LUCY AND LAKE SUSAN FOR THE LAKE RILEY CHAIN OF LAKES CLEAN UP PROJECT. WHEREAS, the City of Chanhassen is committed to the Lake Riley Chain of Lakes Clean Up Project as presented by the Riley- Purgatory-Bluff Creek Watershed District, involving Lakes Lucy, Ann, Susan, and Riley, and; WHEREAS, public access is required on all lakes involved in the project and Lakes Lucy and Susan do not currently have public access. NOW, THEREFORE, BE IT RESOLVED, that the City of Chanhassen will commit to the attached schedule so as to provide public access on Lake Lucy and Lake Susan. Passed and adopted by the Chanhassen City Council this 13th day of June , 1988. ATTEST: YES NO Hamilton None Horn Johnson Hoyt Geving Thomas L. Hamiltg-n, Mayor ABSENT None Lei Las LAKE SUSAN July 1, 1988 September, 1988 July - October, 1988 December,' 1988 May, 1989 September, 1989 LAWCON Grant Application is submitted. Preliminary approval awarded to qualified applicants. Public hearings are held for residents' input. Final application is prepared and submitted. Final approval is awarded to qualified applicants. Construction of access begins.* Project completed. LAKE LUCY June - December, 1988 January, 1989 May, 1989 August, 1989 August - October, 1989 December, 1989 May, 1990 Study alternatives; hold public hearings. Present recommendations to City Council. Submit LAWCON Application. Preliminary approval. Final approval is prepared and submitted. Final approval. Construction. * Lake Drive East Extension required. Study complete. Currently on schedule as shown. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-148 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-205 (Installation of sanitary sewer, watermain, storm sewer and street improvements for East and West Sunrise Circle) and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study with the assistance of RCM, Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on June. 5, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk /PSY to' ,Mr/KglIVM I/ , I ':;;{ tic c d A IL • 41 41 feic,;:/ t CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the followng described improvement(s): (General Location) Sanitary Sewer Watermain Storm Sewer Street Paving Other Street Address of Other Legal Description of Names of Petitioners Property to be Served (Must Be Property Owners) qouc., Lica c‘-"A '••• N filet° /s-4/60 sidy. Ise C;1- 15 ,141 F, 15340 IA), StuartAk. 153A1 a SUL) lit ce C1(L Lt t_ 15361 < Lkia s r 9./(fl E. 5,,,tise Ciac,g ZA(A.,Ac_.- JAE9d2 54.f; , 0- /3-0 k* (For City Use) Date Received Project No. Council Consideration 1 -6 R-::777-/OqszS aor S A°Ts- lao CITY OF EDEN 'PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-149 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructed near Cove Pointe Road (existing Corral Lane) requires one (1) connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connections conform to the Eden Prairie Comprehensive Sewer Plan; NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The City Engineer is hereby authorized and directed to submit an application 'Permit for Connection to or Use of Commission Facilities* to the MWCC. ADOPTED by the City Council on Gary Peterson, Mayor ATTEST: John D. Franc, City Clerk 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 December 7. 1982, was executed by and between the City, Smabv Investment Company, a limited Partnershim. Bermel Investment Company. a limited partnership. Richfield Bank and Trust Company. a Minnesota corporation. John K. Teman, Jean M. Teman. and First National Bank of Minneapolis. a United States corporation which Agreement was filed as Document No. 1497690 with the Registrar of Titles on January 18. 1983. The Agreement related to the property described therein as: Parcel I: That part of the south 1/2 of the northwest 1/4 of Section 14, Township 116, Range 22 lying south of the north 590 feet thereof except that part thereof embraced in Registered Land Survey No. 687 and except that part of the north 50 feet of above described land lying west of the east 870 feet of said northwest 1/4, according to the Government Survey thereof, and except The Preserve Commercial Park North. Parcel II: The north 590 feet of the south 1/2 of the northwest 1/4 of Section 14, Township 116, Range 22 except the south 400 feet of the east 200 feet thereof and except the south 50 feet of the west 670 feet of the east 870 feet of the north 590 feet of the south 1/2 of the northwest 1/4 of said section and except the south 171 feet of the north 190 feet of the east 220 feet of the south 1/2 of the northwest 1/4 of said section. AND A strip of land being the north 50 feet of that part of the south 1/2 of the northwest 1/4 of Section 14, Township 116, Range 22, lying south of the north 590 feet, except the east 870 feet thereof, according to the Government Survey thereof. 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. Page -2- 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 pecember 7. 1282 filed with the Registrar of Titles as Document No. 1497690 on January 18. 1983. 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: Gary D. Peterson Its Mayor By: Carl J. Jullie Its City Manager STATE OF MINNESOTA ) ) em. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1990, by Gary D. Peterson and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Lang, Pauly & Gregerson, Ltd. 230 Suburban National Bank 300 Prairie Centet Drive Eden Prairie, Minnesota 55344 /2SP1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-150 A RESOLUTION APPROVING FINAL PLAT OF BRODY ADDITION WHEREAS, the plat of BRODY 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 BRODY ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated MAY 31, 1990. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on JUNE 5, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk /261 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician, , DATE: May 31, 1990 SUBJECT: Brody Addition PROPOSAL: The Developer's, Prairie Entertainment Associates of Eden Prairie, have requested City Council approval of the final plat of Brody Addition. Located west of Glen Lane and east of Eden Road in the North Half of Section 14, the plat contains 6.42 acres to be divided into two lots for commercial use. Lot 2 is the current site of Ciatti's Restaurant and immediately to the south of Ciatti's Restaurant is the proposed retail strip mall. Lot 1 is the proposed site of the Frank's Nursery and Crafts building. HISTORY: Zoning District Amendment within the Commercial-Regional-Service District was finally read and approved by the City Council April 2, 1990 per Ordinance No. 5-90-PUD-2-90. The preliminary plat was approved by the City Council February 6, 1990 per Resolution No. 90-25. The Developer's Agreement referred to within this report was executed April 2, 1990. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal streets and utilities necessary to serve this project are in place and available for use. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement and shall conform to City Code. BONDING: Financial security must be provided to cover construction costs of a concrete sidewalk to be constructed along the perimeter of this project prior to release of the final plat. RECOMMENDATION: Recommend approval of the final plat of Brody Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Satisfaction of bonding requirements. JJ:ssa cc: Norm Brady, Prairie Entertainment Associates la51 MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson Resolution requesting Hennepin County Board to Restore Funds for Fairview Detox Center May 30, 1990 Much to everyone's surprise, in April the Hennepin County Board of Commissioners dropped its $300,000 funding of the Fairview Receiving and Evaluation Center (also known as the Detox Center) in Eden Prairie. This action leaves the southern and southwestern suburbs without an easily accessible detoxification facility. Unless the Board restores funding, suburban police departments will need to devote greater resources to transport persons to facilities in Plymouth or Minneapolis, or release them to "responsible parties" and run the risk of having them return to the community immediately if those parties do not act responsibly. Concerns have been raised that the public cost to provide treatment at the two remaining centers may be more expensive (due to overcrowding, transportation, or the alternative of detention) than the existing three- center system. At this time, the Fairview Board of Directors has decided to operate the detox center for awhile without County funds; it is doubtful that the center could be operated at a significant loss for an extended period of time. It is seeking support in its request for the Board to restore funding. As an initial effort, Councils of the cities using the facility are considering resolutions to urge the Board to rescind its decision. Edina has adopted such a resolution, and Bloomington and Minnetonka will have them scheduled for upcoming Council meetings. Given the magnitude of finances involved, these positions need to be voiced as quickly as possible. RECOMMENDATION: It is recommeded that the Council adopt Resolution No. 90- 153 requesting that the Hennepin County Board restore funding for the Fairview Receiving and Evaluation Center. CWD:jdp /260 FACT SHEET Fairview Receiving and Evaluation Center Detoxification Services Provides sub-acute detoxification, assessment and referral services; includes 24-hour nursing care Established in 1980, served more than 17,000 patients Location: in Eden Prairie (Hwy. 169 & Valley View Road) in southwest Hennepin County 19-person capacity The center cared for 10 percent more patients in 1989 than in 1988 (2,100 in 1988 and 2,300 in 1989) Hennepin County pays for 65 percent of center's patients (those from Hennepin County unable to pay); remaining 35 percent comes from insurance, Scott and Carver counties and self-pay Average length of stay 2.03 days; shortened from 1988's 2.4 days, due to increased efficiencies, resulting in ability to care for more patients 75 percent of patients are between ages of 18 - 44 22 percent of patients are women Cocaine-using patients are increased dramatically; in 1986, 2 percent of the patients said they'd used cocaine compared with 9 percent in 1989 Recividism: 83% of those admitted do not return In the center's 10-year history, 2 percent of the patients have been at the center more than 5 times .02% of the patients have been at the center more than 15 times 12 61 FACTS CUTS /N HENNEPIN COUNTY SUBURBAN DETOXIFICATION SERVICES Suburban detoxification services in Hennepin County will be cut 46 percent (from 41 beds to 22 beds) effective June 1. In mid-April the Hennepin County commissioners voted to cut the annual budget for suburban detoxification from 8940,000 to $640,000. Hennepin County funds for suburban detoxification will go only to Union City Mission Care in Plymouth. Fairview Receiving and Evaluation Center in Eden Prairie will receive no Hennepin County funding, putting the program in jeopardy of closing. See the statistics below for numbers of people from southwestern Twin Cities suburbs who received care at Fairview Detox. In November, 2020 Adolescent Receiving Center (detoxification for adolescents) near downtown Minneapolis closed because of lack of Hennepin County funding. If you include their 14 beds, a total of 60 percent of the detox beds in the county have been cut ( from 55 beds to 22 beds). Fairview Receiving and Evkluation Center Statistics Volume 1985 1986 1987 1988 1989 Admissions 1751 Patient Days 4600 Average Stay (days) 2.62 2112 2092 2025 2307 4782 4865 4920 4686 2.26 2.32 2.42 2.03 Admissions: Community of Origin - Where clients are brought in from. 1989 & let Quarter 1990 Bloomington 337 Hopkins 151 Edina 186 Richfield 149 Minnetonka 164 Eden Prairie 136 Admissions: Residence - Where clients reside. 1989 & 1st Quarter 1990 Southwest Minneapolis 292 Hopkins/Minnetonka 273 Bloomington 247 Edina 149 Scott County 135 Richfield 123 St. Louis Park 107 Eden Prairie 86 Dakota County 51 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-153 RESOLUTION REQUESTING THAT THE HENNEPIN COUNTY BOARD OF COMMISSIONERS RESTORE FUNDS FOR THE FAIRVIEW RECEIVING AND EVALUATION CENTER WHEREAS, the Hennepin County Board of Commissioners has voted not to extend the contract for the Fairview Receiving and Evaluation Center beyond May 31, 1990; and WHEREAS, one suburban facility does not have adequate capacity to serve the needs of the suburban communities; and WHEREAS, the distance of the Plymouth facility presents a serious difficulty to use its services due to ineffective use of time and personnel resources; and WHEREAS, the community relies on Fairview Receiving and Evaluation Center to provide safe detoxification for inebriated persons; and WHEREAS, intoxicated people who cannot be admitted to a detoxification center present a threat and danger to the safety and tranquility of the community; and WHEREAS, the role of detoxification is to provide early intervention and prevention of harm to others; and WHEREAS, the south suburban communities of Hennepin County have the largest population and receive the lowest level of detoxification services; and WHEREAS, the City of Eden Prairie makes an added investment in the Center by willingly responding to calls for public safety services, calls which often involve difficult situations; and WHEREAS, the City of Eden Prairie understands the need for certain Hennepin County budget amendments; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Eden Prairie asks the Hennepin County Board of Commissioners to continue the funding for detoxification services with the Fairview Receiving and Evaluation Center in Eden Prairie, and that it give serious consideration that this funding be done so that available funds for all Hennepin County detox centers are distributed on a pro-rata basis. ADOPTED by the Eden Prairie City Council this 5th day of June, 1990. Mayor Gary D. Peterson SEAL Min D. Frane, City Clerk M63 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-137 APPROVING AGREEMENT WITH MnDOT FOR CONSTRUCTION OF DETACHED FRONTAGE ROAD AT TB 5 AND DELL ROAD WHEREAS, the Minnesota Department of Transportation and the City of Eden Prairie have approved the layout plan for TM 5 from CSAH 4 to the West Hennepin line; and WHEREAS, the approved layout plan includes a detached frontage road along the south side of TB 5 extending easterly from Dell Road in Eden Prairie; and WHEREAS, the early construction of the detached frontage road is desirable to provide continued access for existing residents during construction of TM 5 improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the City of Eden Prairie enter into Agreement No. 67027 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: to provide for payment by the State to the City the lump sum amount of $129,967.63 for the Trunk Highway No. 5 South Frontage Road construction to be performed from Dell Road (West 184th Avenue) to Mitchell Lake within the corporate City limits under City Project No. I.C. 52-177 and State Project No. 2701-39 (P.M. 5=121). BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized and directed to execute such agreement. ADOPTED by the Eden Prairie City Council on June 5, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 1;6q AGREEMENT STATE OF MINNESOTA AGREEMENT NO. SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT 67027 S.P. 2701-39 (T.H. 5=121) State Funds Agreement between The State of Minnesota Department of Transportation, and The City of Eden Prairie Re: State lump sum cost frontage road construction by the City along T.H. 5 from Dell Road to Mitchell Lake in Eden Prairie ORIGINAL AMOUNT ENCUMBERED $129,967.63 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the 'State" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the 'City". 67027 WHEREAS the State has prepared plans for the reconstruction of Trunk Highway No. 5 from County Road No. 17 (Powers Boulevard) in the City of Chanhassen to County State Aid Highway No. 4 (Eden Prairie Road) in the City; and WHEREAS that Trunk Highway No. 5 reconstruction project included the construction of a frontage road along the south side of Trunk Highway No. 5 from Dell Road (West 184th Avenue) to Mitchell Lake within the corporate City limits; and WHEREAS the City preferred that the typical section and alignment of the new frontage road differ from that shown on the State's Trunk Highway No. 5 Staff Approved Layout No. 1C dated February 6, 1989; and WHEREAS Minnesota Statute Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system; and WHEREAS the State and the City mutually agreed that the City would design, let and construct a frontage road using the typical section and alignment preferred by the City; and -2- 67027 WHEREAS the State and the City mutually agreed that the State would pay the City a lump sum amount, as hereinafter set forth, for the frontage road construction based on the design as shown in the State's Trunk Highway No. 5 staff approved layout; and WHEREAS the City is about to perform the Trunk Highway No. 5 South Frontage Road construction from Dell Road (West 184th Avenue) to Mitchell Lake within the corporate City limits in accordance with City plans, specifications and/or special provisions designated by the City as City Project No. I.C. 52-177 and by the State as State Project No. 2701-39 (T.H. 5=121). IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - PAYMENT BY THE STATE The State shall pay to the City, as the State's full and complete share of the costs of the Trunk Highway p). 5 South Frontage Road construction to be performed from Dell Road (West 184th Avenue) to Mitchell Lake within the corporate City limits under City Project No. I.C. 52-177 and State Project No. 2701-39 (T.H. 5=121), the lump sum amount of $129,967.63 after the following conditions have been met: -3- 67027 1. Encumbrance by the State of an amount equal to $129,967.63 for the Trunk Highway No. 5 South Frontage Road construction. 2. Full and complete execution of this agreement and the State's transmittal of same to the City. 3. Receipt by the State of a written request from the City for the lump sum payment of $129,967.63. The request shall include certification by the City that the Trunk Highway No. 5 South Frontage Road construction contract has been executed by all necessary parties. ARTICLE II - GENERAL PROVISIONS Section A. Provision of Access Throughout the construction of Trunk Highway No. 5 South Frontage Road, the City shall provide continuous access to all occupied buildings whose access is severed by the State's Trunk Highway No. 5 reconstruction project. Section B. City Responsibilities Upon satisfactory completion of the Trunk Highway No. 5 South Frontage Road construction to be performed within the corporate City limits under the construction contract, the City shall accept full and total responsibility and all obligations and -4- 67027 liabilities arising out of or by reason of the use, maintenance and/or reconstruction of that portion of Trunk Highway No. 5 South Frontage Road and all of the facilities a part thereof, without cost or expense to the State. Section C. Additional Drainage Neither part to this agreement shall drain any additional drainage into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area," which is on file in the office of the State's District Hydraulics Engineer at Golden Valley and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section D. Claims The City at its own sole cost and expense shall defend, indemnify, save and hold harmless the State and all of its agents, officers and employees of and from all claims, demands, proceedings, actions or causes of action of whatsoever nature or -5- i9 67027 character arising out of or by reason of contract construction, construction engineering and/or maintenance covered under this agreement including an action or claim which alleges negligence of the State, its agents, officers and employees. All employees of the City and all other persons employed by the City in the performance of contract construction, construction engineering and/or maintenance covered under this agreement shall not be considered employees of the State. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction, construction engineering and/or maintenance covered under this agreement shall in no way be the obligation or responsibility of the State. Section E. Nondiscrimination The provisions of Minnesota Statute section 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. -6- 1210 67027 Section F. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. -7- oZTA IN TESTIMONY WHEREOF the parties have executed this agreement by their 67027 authorized officers. DEPARTMENT OF TRANSPORTATION Recommended for approval: By ami-eim.64 911 . /24--Pir*" An-Director Agreement Services Section By District Engineer Deputy Division Director Technical Services Division Approved: By Deputy Commissioner of Transportation Date (Date of Agreement) OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: CITY OF EDEN PRAIRIE By Mayor Date By City Manager Date DEPARTMENT OF ADMINISTRATION Approved: By (Authorized Signature) Date By Special Assistant Attorney General cfa- SRF STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION im CIVIL STRUCTURAL • PARKING • LAND SURVEYORS May 29, 1990 Mr. Alan D. Gray, P.E. City Engineer CITY OF EDEN PRAIRIE 7600 Executive Drive Eden Prairie, Minnesota 55344 RE: T. H. 5 SOUTH FRONTAGE ROAD EDEN PRAIRIE I.C. 52-177 Dear Mr. Gray: • Mg 3 0 MO C;i" EDEN i':ZAIRIE SRF No. 0901314 Bids were received and opened at 10:00 a.m. on Thursday, May 10, 1990, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate was $474,700. Extremely favorable bids were received; the low bid, submitted by Nodland Construction Co., Inc. was $386,973.10. We have had favorable experience working with Nodland on past municipal projects and recommend that the City Council award Improvement contract 52-177 to Nodland Construction Co., Inc. in the amount of $386,973.10. Very truly yours, STRGAR-ROSCOE-FAUSCH, INC. S. Rick Brown, P.E. Senior Engineer ames R. Dvorak, P.E. ssociate SRB:JRD:bba Attachments Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 1 93 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-146 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 52-177 T.H. 5 South Frontage Road bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and, WHEREAS, the City Engineer recommended award of contract to: NODLAND CONSTRUCTION CO., INC. as the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Nodland Construction Co., Inc. in the name of the City of Eden Prairie in the amount of $386,973.10 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 5, 1990. Gary Peterson, Mayor ATTEST John D. Frane, Clerk SEAL: 12'N suiting Engineer SUMMARY OF BIDS LC. 52-177 DESCRIPTION: T.H. 5 South Frontage Road BIDS OPENED: May 10, 1990 - 10:00 a.m. CONSULTING ENGINEER: Strgar-Roscoe-Fausch, Inc. CHECKED BY: Strgar-Roscoe-Fausch, Inc. Bidder Nodland Construction Co., Inc. F.F. Jedlicki, Inc. Northdale Construction Co., Inc. Landwehr Heaving Moving, Inc. Brown & Cris, Inc. Richard Knutson, Inc. Barbarossa and Sons, Inc. S.M. Hentges and Sons, Inc. Shafer Construction Co., Inc. Bid Security Total Amount 5% $ 386,973.10 5% $ 387,561.00 5% $ 393,333.33 5% $ 401,686.40 5% $ 413,240.06 5% $ 413,986.00 5% $ 452,566.28 5% $ 465,749.85 5% $ 632,075.10 The undersigned recommend award of Contract to: Nodland Construction Company, Inc. as the lowest responsible bidder for this Improvement Contract. Alan D. Gray, P.E. City Engineer JA`)5. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-147 RESOLUTION APPROVING MnDOT AGENCY AGREEMENT WHEREAS, the Minnesota Department of Transportation has prepared a revised State Aid Agency Agreement to comply with Federal Highway Program Manual Volume 6, Chapter 6, Section 3, Subsection 2; and WHEREAS, the Minnesota Department of Transportation requests approval of the revised State Aid Agency Agreement by all State Aid Cities. NOW, THEREFORE, BE IT RESOLVED by the City of Eden Prairie that the Minnesota Department of Transportation Agency Agreement is hereby approved. IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on June 5, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 12% Revised 12/1988 Office of State Aid MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT This Agreement made and entered into by and betwee n t h e C i t y of Eden Prairie herein after referred to as t h e " C i t y " a n d the Commissioner of Transportation of the Sta t e o f M i n n e s o t a hereinafter referred to as the "Commissioner", WITNESSETH: WHEREAS, pursuant to M.S. 161.36 the City desi r e s t h e Commissioner to act as its agent in accepting f e d e r a l a i d o n t h e City's behalf, for road and bridge construction a n d i n c o n t r a c t i n g for the construction, improvement or maintenance of r o a d s o r b r i d g e s financed either in whole or part with federal money s ; a n d WHEREAS, M.S. 161.36, Subdivision 2, requires th a t t h e t e r m s and conditions of the agency be set forth in an agr e e m e n t ; NOW, THEN, IT IS AGREED: That pursuant to M.S. 161.36, the City does hereb y a p p o i n t the Commissioner its agent with respect to all f e d e r a l l y f u n d e d projects, to accept and receive all federal funds made available for said projects and to let contracts pursuant t o l a w f o r t h e construction and improvement of local roads and bri d g e s . -1- acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and/or Municipal State Aid Funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with Minnesota Rules Chapter 8820.1500 Subp. 3. At regular monthly intervals after contractors shall have started work under contracts let by the Commissioner as agent for the City for the construction of said projects, the engineer assigned to and in charge of said work shall prepare partial estimates in accordance with the terms of said contracts let for said projects and the procedures established by the Office of Construction and Contract Administration Minnesota Department of Transportation. The said engineer in charge of said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner in duplicate. Each partial estimate shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall also prepare and submit to the Commissioner the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. After the approved final estimate has been submitted to the Commissioner, the City will pay to the —7— IA71 and in that event the City agrees to pay the same. The City further agrees to pay any and all claims or demands of any kind or nature whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United States does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner from said claims and from any claims arising out of this agreement and to pay any and all expenses and costs connected with said projects or the construction thereof which the United States does not pay. -VII- The City further agrees that: A. All right-of-way acquisition and relocation will be conducted In accordance with 49 CFR Part 25. Procedures implementing this regulation are contained in Mn/OOT State Aid Manual Chapter 5- 892.310. (Additional guidance may be obtained by referring to the FHWA's Real Estate Acquisition Guide for Local Public Agencies). B. If the City receives total direct and indirect federal assistance of: 1. $100,000 or more per year, the City agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (P.L. 98-502) and Office of Management and Budget (OMB) Circular A-128. The law and circular provide that the audit shall cover the entire operations of the City government or, at the option of the City government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. However, -9- 1;19 The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-128 (or A-110 as applicable). The audit report shall include: 1) The auditor's report on financial statements and on a schedule of federal assistance; the financial statements; and a schedule of federal assistance, showing the total expenditures for each federal assistance program as identified in the Catalog of Federal Domestic Assistance. Federal programs or grants that have not been assigned a catalog number shall be identified under the caption "other federal assistance". 2) The auditor's report on the study and evaluation of Internal control system must identify the organization's significant internal accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in compliance with laws and regulations. It must also identify the controls that were evaluated, the controls that were not evaluated, and the material weaknesses identified as a result of the evaluation. 3) The auditor's report on compliance containing: a) A statement of positive assurance with respect to those items tested for compliance, including compliance with law and regulations pertaining to financial reports and claims for advances and reimbursements; b) Negative assurance on those items not tested; c) A summary of all instances of noncompliance; -11- Recipients of more than $100,000 in federal assistance must also submit one copy of the audit report within 30 days after issuance to the central clearinghouse. Audit reports should be sent to: Bureau of Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse C. The City will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the Public and which occupy highway rights of way in conformance with the attached "A Policy for the Accommodation of Utilities on Highway Rights of Way" as approved on April 5, 1988 by the United States Department of Transportation, Federal Highway Administration, Minnesota Division. All references to statutes and rules shall be construed to refer to the statutes and rules as they may be amended from year to year. -Ix- The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance herewith. MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM NO. III Be it resolved that pursuant to section 161.36, Subdivision 1 through 6, Minnesota Statutes, the Commissioner of Transportation be appointed as agent of the City of Eden Prairie to let as its agent, contracts for the construction of local roads and bridge, and the Mayor and the City ckerk are hereby authorized and directed for and on behalf of the City to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained In "Minnesota Department of Transportation Agency Agreement" a copy of which said agreement was before the City Council, assuming on behalf of the City all of the obligations therein contained. (SEAL) (Submit in duplicate) Note: Attach certification by City Clerk with each copy of resolution. Via SEAL /2 ?, ATTEST: John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-151 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR INSTALLATION OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREET IMPROVEMENTS I.C. 52-206 PUBLIC IMPROVEMENTS FOR ROUND LAKE VIEW BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvement have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City Standards and advertise for bids thereon, with the assistance of RCM, INC. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improvements shall not be approved by the city Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on June 5, 1990. Gary D. Peterson, Mayor May 29, 1990 Mr. Eugene Deitz Director Engineering City of Eden Prairie 7600 Executive Drive Eden Prairie 55344 68(0 RE: -5460 Alpine Trail Eden Prairie, Minnesota 55346 Dear Mr. Deitz: This is a letter of petition on my own behalf re q u e s t i n g 1 0 0 % special assessing pending SAC and WAC charges re l a t i v e t o m y connecting to city services. It is my understanding these charges will total $ 1 , 5 7 0 . 5 0 . Further, I am in agreement with the following con d i t i o n s : A. 3 year term. B. To be collected with property taxes as levied in f a l l of 1990; collected in 1991. C. I hereby waive my rights to appeal said amount, a s added to my property taxes. HARRY & JOANNE GERMEN 4850 ALPINE TRAIL EDEN PRAIRIE. MN 55348 4444., jeri-e., DA . 73 1D4frts ertrl 1 04,6,4 14 Ao 9/414;iii 764z4 Extevamix Duriv . EdiA, 9ap;tx. 4724, 34.4 - 4444, .-P-E4'78.- - /MT 14) 4A 84,,,fLQ 4ii co- L8 co Ca (1440 1- A ciZP , P CiA,A , Gew k_ (AAR_ /yYlAA kt9-1-1R Cite -ft) 04/1-7 — “) otier Ctrfr ,tq 0-ry-vN. ktni. ,P.,-444-b4?-c -tt4A/ owle al; oltd4-v a441e0 kt,arsu 44wywieA41/- -fo 00024-e-y LI 60°2- ofm , 2„,4 0,43 r -au v, 04K 0244, 1t1 fumAVali tic 2d) 4.1 wTh- O.P/t.A s,o A. A4,0.4 Cfr) ..C4).-4-14//)•444 ci4q ttu/u 131A-t) A-041P 0-turl Obt-fr;-te 1444,to . ot-rAr ii a Y f244,1(2/r ao-v ,V 42,k, z,c, • ViA4 A7' i yt , u q - TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Kevin W. Sahnieg, Director of Inspections, Safety and Facilities SUBJECT: Approve Bid for Re-Roofing the Senior Center DATE: May 25, 1990 The Building to be re-roofed is located at 8950 Eden Prairie Road. The City currently leases the upper level to the School District and utilizes the lower level as the Senior Center. The roof has leaked for many years and numerous attempts have been made to rectify the problem. The leaks are adversely affecting the School District's program. A roofing inspection was made by Inspec Inc. in December 1988. It's recommen- dation was to completely remove the roof system and replace it. Sealed bids were received at 10:00 A.M. on Thursday May 24, 1990 for re-roofing the Senior Center building which is located at 8950 Eden Prairie Rd. Five bids were received and Are tabulated as follows: DECK REPLACEMENT BIDDER BID UNIT PRICES Delco Roofing $27,135.00 3.75/sq ft steel 1.25/sq ft wood Curran V. Nielson $27,700.00 Ettel & Frantiz $28,975.00 5.00/sq ft steel 3.50/sq ft wood John A Dalsin $29,746.00 Bernard Dalsin $30,300.00 2.75/sq ft steel 2.50/sq ft wood The 1990 budget for re-roofing this building is $30,000. RECOMMENDATION It is recommended that the contract for services be awarded to Delco Roofing in accordance with the bid submitted May 24, 1990 in the amount of $27,135.00, and that the Mayor and City Manager be authorized to execute the Contract. RESOLUTION NO. 90 RESOLUTION AUTHORIZING AMENDMENT TO THE $4,850,000 COMMERCIAL DEVELOPMENT REVENUE BOND (BRYANT LAKE PARTNERS PROJECT) AND RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota as follows: 1. The City issued its $4,850,000 Commercial Development Revenue Bond (Bryant Lake Partners Project) (the "Bond") on October 30, 1985 and lent the proceeds of the Bond to Bryant Lake Partners, a Minnesota general partnership (the "Developer") pursuant to a Loan Agreement dated as of October 30, 1985 between the Developer and the City (the "Loan Agreement"). 2. Unum Life Insurance Company, formerly known as Unionmutual Stock Life Insurance Co. ("Unum"), purchased and is the present holder of the Note. 3. In connection with the issuance of the Note the City and Unum entered into a Pledge Agreement whereby the City pledged and assigned to Unum certain of the City's rights under the Loan Agreement including the right to repayment of amounts due under the Bond. 4. The Developer has transferred the project financed from the proceeds of the Bond (the "Project") to Bryant Lake Associates -- Phase III, a California Limited Partnership (the "Partnership"). 5. Unum and the Partnership have agreed to certain financial accommodations with respect to the Project, the Bond and the documents related thereto. The City and the City Attorney have been provided with forms of an Amendment to Commercial Development Revenue Bond (Bryant Lake Partners Project) and an Amendment to Loan Agreement setting forth the terms of the agreement between Unum and the Partnership together with a form of opinion of Briggs and Morgan, P. A., as Bond Counsel. 6. The Mayor, City Manager and any other necessary City officials are authorized to execute the Amendments in the form approved by the City Attorney and any related documents submitted to the City in accordance with the terms of this Resolution. 7. The execution of any instrument herein authorized by the appropriate officer or officers of the City shall be conclusive evidence of the approval of such documents in accordance with the 402287 terms hereof. In the absence of the Mayor or City Manager, any of the documents authorized by this Resolution to be executed may be executed by the Acting Mayor or City Manager respectively. .Adopted June 5, 1990. Mayor ATTEST: Clerk 402287 2 TD: Mayor and City Council FRCM: John Frane DATE: May 31, 1990 RE: Resolution 90-156 The connection charges and fixed charges on the Water and Sewer bills tether with the interest earned an these fees have been deposited in a Water and Sewer Debt Service Fund. While investigating the rules concerning arbitrage we learned that if these funds were left in a Debt Service Fund they would be subject to arbitrage rules. Since there is no requirement that they should be in a Debt Service Fund they should be removed and placed in a fund which is not subject to arbitrage regulations. Balances in this new fund could be appropriated for debt service, construction of utilities or other uses with respect to utilities. Attached is a letter from Mr. Endarf our Bond Attorney. 350 PARS A705115 NIV TORE, 0507000 10005 (219)405-91100 - WOO CONnCflCCT AVIN111. lit. wartaxerair, DC. 00000 (009) 551 - WOO 3 0110CIC•11=1 - 1 arum 40119011 SCOW OAT, NNOIAND 0141011.01100 - 08, WTI TIONCNET 15009 PANIC P*911911 01-01-00-50.40 lAl LAST /13/11ANCI =Ma WINO 1000 559-5-8501559 DORSEY 8c WHITNEY A Parmiem• Imaa999, 999•54.904A. C4.950,444 2200 FIRST BANE PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 TIMEX 29 -0008 rex (e15)340-2868 VER1ANE 1. ENDOW (612) 340-2851 May 21, 1990 340 NNW NATIONAL MANS Ill 11010 10011111074 55900 (507)11110.0156 315 RIOT NATIoyAL IAN! 11011/3/3lO RATZATA.1111111111110TA (1110)475.41073 1900 11105 norraerm CENTER 0UX:11110.111990504 59103 (40.)000-0500 901 EATON= ounnnio GISAT 74030. 1A58 50001 (4011)//0-011011 - NIT LAST MR mow 1112•13OLL. NORMA WOO (4135)711-11095 Mr. John Frane City Finance Director/Clerk 7600 Executive Drive Eden Prairie, Minnesota 55344 Re: Tax Increment and Water and Sewer Funds Dear John: Enclosed are the resolutions you requested to appropriate the remaining special assessments from the Tax Increment Fund to the General Fund, and to correct the overpayment of water and sewer revenues into the debt service funds in the Water and Sewer Fund. As we discussed previously by telephone, we are of the opinion, based on the facts which you gave us and those recited in the enclosed resolutions, that the appropriations and transfers contemplated by these resolutions are proper and permitted by Minnesota law. erlane L. ndorftil VLE/sd Enclosures Very truly yours, M90 - RESOLUTION RELATING TO THE WATER AND SEWER FUND OF THE CITY; CORRECTING AN IMPROPER ALLOCATION OF CONNECTION CHARGES AND USER FEES TO THE DEBT SERVICE FUND THEREIN . BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. The City has heretofore issued general obligation revenue bonds payable from the debt service funds established within the City's Water and Sewer Fund'. The bonds are payable from a combination of special assessments, water and sewer revenues and, to the extent necessary, ad valorem taxes. The resolutions under which the bonds were issued require the City to deposit in the debt service funds all of the special assessments levied with respect to the projects financed by the bonds, and so much of the revenues derived from user fees, connection charges and other fees and charges for the use and availability of the water and sewer utility as are necessary in each year to provide for the payment of the debt service on the bonds. 2. It has come to the attention of the City staff that, inadvertently, water and sewer revenues have been deposited in the debt service funds in excess of those necessary to pay annual debt service. As a result, a surplus has been accumulated in the debt service fund, consisting of moneys which should not have been deposited therein, and which, if not so deposited, could be used for other water and sewer purposes. After consultation with bond counsel, City staff recommends that a portion of the user fees and connection charges, and investment income attributable thereto, be transferred from the debt service funds to another fund within the water and sewer group of accounts. 3. This Council hereby appropriates an amount equal to the user fees and connection charges collected from Avaa,3,- / , 1921to and including July 1, 1990, and investment income thereon for the same period, from the debt service funds within the water and sewer fund of the City, and subsequent collections of user fees and connection charges, to thearti./rIgusanvefund within the water and sewer group of accounts of the City. Such appropriation' shall only be made to the extent that it does not cause the balance in any debt service fund to be less than the debt service payable on the bonds payable therefrom in the next succeeding twelve month period. ADOPTED by the city council of the city of Eden Prairie this 5th day of June, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk lAq I -/s 7 RESOLUTION RELATING TO THE TAX INCREMENT FUND; APPROPRIATING SPECIAL ASSESSMENTS THEREFROM TO THE GENERAL FUND OF THE CITY BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. The City has heretofore levied certain special assessments on benefitted property within Development District No. 1 in the City, the collections of which were pledged and appropriated by the City to the Tax Increment Fund established for the payment of certain tax increment bonds. The tax increment bonds have now been fully paid and retired, but a portion of the special assessments remain to be collected in 1990 and later years. 2. The special assessments referred to above, collectible in 1990 and later years, being no longer required for the payment of the tax increment bonds, are hereby appropriated, pursuant to Mianesota Statutes, Section 475.61, subdivision 4, to the general fund of the City. ADOPTED by the City Council of the City of Eden Prairie this Sth day of June, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk l g q2 TO: Mayor and Council FROM: Jahn Frane DATE: June 1, 1990 RE: 1989 General Fund Budget The actual 1989 revenues are $627,500 over estimated including the $747,900 from Cable T.V. fees. Expenditures are $281,100 under the budget. The General Fund Balance (Surplus) is $1,989,000 as of December 31, 1989, an increase of $166,700. Balance January 1, 1989 Add 1989 Revenue Deduct Expenditures Deduct appropriated to 1990 budget Deduct Reserve for storage shed Deduct Severance Reserve Balance December 31, 1989 $ 1,E22,300 12,661,700 -11,755,900 -625,C00 -100,000 -14,000 $ 1,989,000 /2 c6 RESOLUTICN 90-158 CITY OF EDEN PRAIRIE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE THAT the final 1989 GENERAL FLND BUDGET be amended according to the attached summaries of revenues and expenditures. GARY D. PETERSON, MAYOR JOHN D. FRANE CITY CLERK hm9 CITY OF EDEN PRAIRIE 1989 GENERAL FUND REVENUES BUDGET RECEIVED BAUANCE GENERAL PROPERTY TAXES CLARENT 6809000 6599716 -2092E4 DELINQUENT COLLECTIONS 80000 157141 77141 PENALTY & INTEREST 200000 198227 -1773 TOTAL TAXES REVENUE FROM GOVT AGENCY LOCAL GOVT AID POLICE PENSION RECYCLING GRANTS HOMESTEAD CREDIT OTHER CIVIL DISPENSE nencco 6955084 -133916 331100 330765 -335 130000 155843 25843 36600 26497 -10103 911000 910989 -11 76140 76140 12000 5643 -6357 TOTAL OTHER AGENCIES 1420700 1505877 85177 99000 110478 -11478 LICEISES PERMITS & FEES DOG REGISTRATION BUILDING PLANNING & ZONING ENGINEERING & ADMIN IMPOUND PEES CABLE TV OTHER 5100 1400000 50000 400000 4500 67000 8522 1100551 66563 532246 4320 747928 11916 3422 -299449 16563 132246 -180 680928 11916 TOTAL PERMITS & FEES 1926600 2472046* 545446 RErREATION FEES 736800 695684 -41116 COURT FINES 240000 234029 -5971 INVESTMENT EARNINGS 100000 103999 3999 OTHER FUND TRANSFERS UTILITY OPERATING 10000 10000 0 FUND BALANCE (RESERVE) 127800 T.I.F. ADMINISTRATION 10000 200000 190000 LIQUOR OPERATIONS 100000 145000 45000 -- TOTAL OTHER FUNDS 247800 355000 235000 OTHER REVENUE SCHOOL LIAISON 37000 40700 3700 REVENLE BOND FEES 40000 102718 62718 MISaILANEOUS 100000 86047* -13953 TOTAL OTHER 177000 229465 52465 TOTAL GENERAL FUND 12036900 12661662 729606 89FINEXP CITY OF EDEN PRAIRIE 1989 GENERAL FUND EXPENDITURES ADJUSTED BUDGET EXPENDED BALANCE LEGISLATIVE ELECTIONS CITY MANAGER ASSESSING DEPT BLDG INSPECTION DEPT SAFETY FACILITIES PARKS/RECREATION ADMIN & PARK PLAN PARK MAINTENANCE PARK CAP. OUTLAY ENVIRONMENTAL SERV RECREATION ADMIN COMMUNITY CENTER BEACH ORGANIZED ATHLETIC RECREATION-YOUTH RECREATICN-ADULT RECREATIONHADAPTIV HIST & CUL ARTS FINANCE HUMAN RESOURCES HUMAN SERVICES PLANNING DEPT POLICE DEPT POLICE CRIMINAL PRCSEC CIVIL DEFENSE ANIMAL CONTROL FIRE ENGINEERING biHthTS & DRAINAGE EQUIPMENT MNTC SNOW & ICE CCNTROL SIIIhtl LIGHTING SHARED SERVICES GENERPL DATA PROCESSING LEGAL COUNSEL PUBLIC INFORMATION EMPLOYEE BENEFITS & TRAINING RESERVE LANDFILL CASE SOLID WASTE TOTAL GENERAL FUND 66100 17900 146250 299700 548600 5000 536200 170200 5376,00 126900 135100 108600 587100 94900 163850 147050 125650 33500 36900 254200 10E000 91300 343100 2256200 94000 26900 57600 402200 536900 863000 482800 96200 320000 419600 80200 150000 94600 1353900 45700 73200 12037000 65551 17871 146178 737893 497990 3375 493429 164598 531597 120062 88375 108549 587002 68217 145545 128416 112382 28020 27960 228709 108054 82489 343006 2086671 87000 16394 56486 402131 525671 863047 482736 95630 319915 419576 75099 80079 36078 1353521 11694 404011 44903 549 29 72 1907 50610 1625 42771 5602 6003 6838 46725 51 98 26683 18305 18634 13268 5480 8940 25491 • 246 8811 94 169534 7000 10506 1114 69 11229 -47 64 570 85 24 5101 69921 58522 379 34006 -404011 28297 11755910 2E11095 09S TO: Mayor and City Council Fl: John Frane DATE: May 31, 1990 RE: Resolution 90-159 There is a balance of $18,656 in the 1977 Fire Construction Fund and a balance of $105,612 in the 1982 Building COnstruc- tion Fund. We recommend transfer of these Funds to their corresponding Debt Service Funds. The tax levies necessary for these two bond issues will therefor be reduced in 1991. Mr. Pauly has reviewed the applicable State Statutes and it is his opinion that this is a proper use of the balances. FiESa_urrakt 90•-159 CITY CF EDEN PRAIRIE BE IT REECLVED BY THE CITY CCLNCIL OF THE CITY OF EDEN PRAIRIE THAT the balance in the 1977 FIRE IMPROVEMENT CCNSTRUCTICN FUND as of December 31, 1989 be transfered to the 1977 FIRE IMPROVEMENT DEBT SERVICE FUND. BE IT FURTHUR FESCLVED THAT the balance in the 1982 BUILDING COMTRLETION FUND as of December 31, 1989 be transfered to the 1982 BUILDING DEBT SERVICE FUND. Passed this 5th day of June, 1990 GARY D. PEERSON, MAYOR JCHN D. FRANE CITY CLERK Eden Prairie Funeral Home CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-118 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Marcus Corporation for development of 0.95 acre for a funeral home use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 0.95 acre, ocated at the southwest corner of Terrey Pine Drive and County Road #4 be Amended' from Low Density Residential to Community Commercial. ADOPTED by the City Council of Eden Prairie this 5th day of June, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Eden Prairie Funeral Home CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 929-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE HONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 21.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the R14-2.5 District and be placed in the Community Commercial District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the RM-2.5 District and shall be included hereafter in the Community Commercial District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Jefinitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 5, 1990, entered into between Marcus Corporation, a Minnesota corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between the Estate of Mabel Moran and the city of Eden Prairie, dated as of June 5, 1990, which Agreement and Owner's Supplement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of August, 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of June, 1990. ATTEST: John D. Frane, City Clerk ( ?UBLISHED in the Eden Prairie News on the Gary D. Peterson, Mayor day of EXHIBIT A Legal Description The East 320 feet of the South 168 feet of that part of Government Lot 2, Section 17, Township 116, Range 22, lying North of a line drawn parallel to the North line of said Government Lot 2 from a point on the East line thereof distant 511.5 feet South from the Northeast corner of said Government Lot 2, according- to the Government survey thereof. H00 Eden Prairie Funeral Home DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1990, by Marcus Corporation, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial, Zoning District Amendment from RM-2.5 to Community Commercial, with variances, Preliminary Plat into one lot, and Site Plan Review, all on 0.95 acre for construction of a funeral 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, in consideration of the City adopting Ordinance #29-89, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated July 28, 1989, reviewed and approved by the City Council on August 1, 1989, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. 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. Developer acknowledges that the property will benefit from the public improvements to County Road #4 to service the property. Therefore, prior to release by the City of any final plat for the property, Developer agrees to enter into a special assessment 1301 agreement for the City's cost of $5,893.60 for t h e a d d i t i o n a l r i g h t - of-way necessary for County Road 14, located e a s t o f t h e p r o p e r t y and for the City's cost of $280.00 for constru c t i o n o f t h e t r a i l t o be located within such right-of-way for Co u n t y R o a d 1 4 , a l l a s depicted in Exhibit B, attached hereto. 4. Prior to release by the City of the final p l a t f o r t h e p r o p e r t y , Developer shall submit to the City Engineer, a n d t o o b t a i n t h e C i t y Engineer's approval of plans for streets, s a n i t a r y s e w e r , w a t e r , Irrigation systems, storm sewer, and ero s i o n c o n t r o l f o r t h e property. Upon approval by the City Engineer, Develope r s h a l l c o n s t r u c t , o r cause to be constructed, those improvements l i s t e d a b o v e i n s a i d plans, as approved by the City Engineer, in a c c o r d a n c e w i t h E x h i b i t C, attached hereto. 5. Prior to any issuance of any permit for gradin g o r b u i l d i n g o n t h e property, Developer agrees to submit to the Chi e f B u i l d i n g O f f i c i a l and obtain the Chief Building Official's ap p r o v a l o f p l a n s f o r demolition and/or removal of the existing well a n d s e p t i c s y s t e m o n the property. Prior to such demolition or removal, Developer s h a l l p r o v i d e t o t h e City a certified check in the amount of $1,00 0 . 0 0 t o g u a r a n t e e t h e restoration of the property to grade. City agrees to return said certified check to D e v e l o p e r a f t e r t h e demolition or removal on the property is comp l e t e d a n d a f t e r i t i s verified by City that the well and septic syst e m h a v e b e e n p r o p e r l y removed or demolished, and that the property h a s b e e n r e s t o r e d t o grade. 6. Developer shall notify the City and the Waters h e d D i s t r i c t 4 8 h o u r s prior to any grading, tree removal, or tree cu t t i n g o n t h e p r o p e r t y . 7. Prior to issuance by the City of any buil d i n g p e r m i t f o r t h e property, Developer agrees to submit to the D i r e c t o r o f P l a n n i n g , and to obtain the Director's approval of the f o l l o w i n g : A. A revised landscape plan which provides for intens e plantings along the south property line for p u r p o s e s o f screening the property from the adjacent use. B. An irrigation plan for the property which p r o v i d e s f o r irrigation of landscape materials on the prope r t y . C. An overall signage plan which depicts the s i z e , c o l o r , letter style, and location of all signs to b e u t i l i z e d o n the property. D. Samples of all materials to be utilized on t h e e x t e r i o r o f structures on the property, depicting colors, t e x t u r e s , a n d locations for such materials. 130, E. An overall lighting plan for the property, depicting the location of all lighting to be utilized on the exterior of the structures on the property. Said plan shall provide that the maximum pole height for parking lot lighting shall . be 20 ft. and shall indicate the color, texture, and style of all such lighting. Said plan shall also provide that no lighting will be directed toward residential areas and that no glare shall be directed off the property. Upon approval by the Director of Planning, Developer agrees to Implement, or cause to be implemented, those improvements listed above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. I&13 Eden Prairie Funeral Home OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN MARCUS CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of . 1990, by and between the Estate of Mabel Moran, 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 02949 changing the zoning of the property owned by Owner from RM-2.5 to Community Commercial, with variances, as more fully described in that certain Developer's Agreement entered into as of 1990. by and between Marcus Corporation, and City, Owner agrees with the City as follows: 1. If Marcus Corporation fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to RM-2.5. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, heirs, and assigns of the property. 3. If the Owner transfers such property, Owner shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. eog Eden Prairie Funeral Home CITY OP EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION W90-119 A RESOLUTION APPROVING THE SUMMARY OP ORDINANCE #29-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance #29-89 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th d a y o f June, 1990; NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF TIE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance #29-89, which is attached hereto, is approved, and the City Council finds that said text cl e a r l y 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 define d i n Minnesota Statute, Section 331.07. C. That a printed copy of the Ordinance shall be made available for nspection by any person during regular office hours at the office of t h e City Clerk and a copy of the entire text of the Ordinance shall be posted i n the City Hall. D. That Ordinance #29-89 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, wit h i n 2 0 days after publication. ADOPTED by the City Council on June 5, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 1305 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 29-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: $ummarv: This ordinance allows rezoning of land located west of County Road #4, south of Terrey Pine Drive, from the RM-6.5 District to the Community Commercial District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Gary D. Peterson ( City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1990. (A full copy of the text of this Ordinance is available from City Clerk.) /VD CITY OP EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-120 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MARCUS CORPORATION FOR EDEN PRAIRIE FUNERAL HOME WHEREAS, Marcus Corporation has applied for site plan approval of Eden Prairie Funeral Home on 0.95 acres for construction of a funeral home on property located south of Terrey Pine Drive, west of County Road #4, to be zoned Community Commercial by Ordinance #29-89 adopted by the City Council on June 5, 1990; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 24, 1990 Planning Commission meeting and recommended approval of said site plan; and, 'WHEREAS, the City Council has reviewed said application at a public hearing at its June 5, 1990 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OP EDEN PRAIRIE, that site plan approval be granted to Marcus Corporaiton for construction of a funeral home, based on plans dated July 28, 1989, subject t 'o the terms and conditions of that certain Developer's Agreement between V arcus Corporation, a Minnesota corporation, and the City of Eden Prairie, dated June 5, 1990, for said funeral home. ADOPTED by the City Council on June 5, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-154 RESOLUTION APPROVING MnDOT AGREEMENT FOR STATE AID COMPUTER SYSTEM COST REIMBURSEMENT WHEREAS, the Minnesota Department of Transportation State Aid Office has requested that all State Aid Cities purchase computer hardware and software for administration of the State Aid System; and WHEREAS, the Minnesota Department of Transportation will participate with the City in the costs of the computer hardware and software system. NOW, THEREFORE, BE IT RESOLVED by the City of Eden Prairie that the Minnesota Department of Transportation Agreement for reimbursement of computer system costs is hereby approved. BE IT FURTHeR RESOLVED that the Mayor and City Manager are hereby authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on June 5, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Franc, Clerk 13a MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT ,- •. l• - 689638 79 g 00 0 036780001 ' • • liu . 54 i $ 01 749 SEND TYPE OF TRANSACTION E Entered by Entered by Vendor name Address EDEN PRAIRIE 7600 Executive Drive Eden Prairie, MN 55344 MIS AGREEMENT is made by and between the State of Minnesota, acting by and thru the Commissioner of the Minnesota Department of Transportation (hereinafter 'Commissioner') and EDEN PRAIRIE (hereinafter 'Recipient). WHEREAS the State is authorized to administer the State Aid Administrative Account. WHEREAS the Recipient has been determined to be eligible to receive said fillafleili assistance. IN considetation of the mutual covenants and agreements as hereinafter net forth, the parties to this agreement do agree as follown: I. The Recipient will purchase computer hardware and software as outlined in the attached ktter. IL The following sections of the current agency agreement between EDEN PRAIRIE and the C0111111121i011CT of Transportation of the State of Minnesota are made a part of this agreement by reference as though fully set forth herein; Eaxtion-10)Nondiscrminalion; Section..1-(Kornmissioner to Act Section.2.(h)Reports and Records; and Section.74)Singk Audit Act. III. The reports and records referenced in II above shall be made availabk to the Minnesota Department of Transportation (Mn/D01), the Legislature Auditor, the State Auditor, or the Federal Administrative Manager for examination of those records and reports and accounting procedures and practices of the Recipient relative to this agreement. IV. The Commissioner agrees to pay the Recipient an amount not to exceed more than 60% of the total costs. Recipient agrees to pay all other costs of the project. V. The Recipient agrees to indemnify and save and hold the State, its agents and employees harmless front any and all claims or muses of action arising from the performance of this agreement by Recipient or Recipienta agents or employees. This clause shall not be construed to bar any legal remedies Recipient or its agent may have for the State's failure to fulfill it's obligation pursuant to this agreement. VI. Any amendments to this agreement shall be in writing and shall be approved by all parties. APPROVED: RECIPIENT: BY: MAYOR DATE: RECIPIENT: BY: CITY MANAGER DATE: COMMISSIONER OF TRANSPORTATION: BY: DATE: 8o9 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: City Council Michael D. Franzen, Senior Planner Chris Enger, Director of Planning May 31, 1990 Eden Prairie Ford This is a continued item from the May 15, 1990 City Council Meeting. The City Council directed the proponent to revise plans and provide additional information regarding landscaping, exterior materials, lighting, signs amd storm drainage. 1) Landscaping The landsdape plan has been revised to increase the height of the conifers along the front parking lot from 6 feet to 8 to 10 feet. 2) Exterior Materials The building elevations depict the type of exterior materials for the building. The building plans are in compliance with City Code for approved exterior materials. The majority of the building will be a medium brown face brick and glass. Red and blue will be used for the sign colors. An exterior materials board will be available at the City Council meeting for review. 3) Lighting The lighting plan has been revised according to the previous recommendations for a 3.5 foot candle average in the front parking area, a 10 foot candle rating for the display area (2600 feet) and a .5 foot candle rating at the property line adjacent to Plaza Drive. 4) Storm Drainage The Storm Drainage Study indicates a 100 year flood elevation of 837.9. The Engineering Staff has reviewed the study and found adequate storage capacity in the pond for the drainage area of 427 acres. The grading plan indicates that the parking area at its lowest point is at elevation 842 and the elevation of the building is 846. I31,V 5) Aians The owners, Walter Bush and Dennis Hecker, have indicated in the attached letter that, baloons, flying objects and a carnival atmosphere are not needed to sell cars. The owners will be present at the Council Meeting to discuss "special events" advertising for 3-4 times a year such as Fourth of July, Labor Day, etc. HWY 212 The City Staff recently attended a meeting in Bloomington on May 22, 1990, to review the updated Highway 212 plans. At this meeting, BRW, presented plans to the State of Minnesota, the City of Eden Prairie and Bloomington. The plans are different from the 1989 Highway 212 plans. The current plan shifts Plaza Drive 40 feet west of the existing curb line, in order to accommodate a braided ramp which is designed to eliminate cross weaving of traffic from Highway 494 to 212. The current plan will have an impact on the Eden Prairie Ford site. Attachment A indicates that the 40 foot shift in Plaza Drive (which coincides with the limits of the official map for 212) will eliminate the berming and landscaping along Plaza Drive required to screen the outdoor sales and display.- The attachment also indicates a need for 15 feet of right of way-beyond the official map limits to provide room for snow storage and utilities along Plaza Drive. MnDOT has not approved the new 212 plans. It may be several months before there is an official response. Although the braided ramps at this time are not anticipated to be built with the first stage of 212 construction at the interchange with Prairie Center Drive, we would expect that the state would acquire the maximum amount of right of way for the braided ramp construction in the future. This could mean that Plaza Drive would be shifted 40 feet to the west as early as 1993, which is the current starting date for the construction of the Highway 212, Prairie Center Drive Interchange. The need for additional right of way is important to Eden Prairie because it allows Highway 212 to be built in a way which provides the best overall access for Eden Prairie. There are two alternative scenarios for the development of this site based upon the new Highway 212 plans. nternative #1 If the project is built as proposed, when Plaza Drive is relocated 40 feet to the west, all berming and landscaping necessary for screening of the outdoor display area will be removed and the site will be highly visible from Highway 212. If the braided ramps are constructed concurrent with the 212 interchange or at a later date, the ramp will be at a higher elevation providing more visibility into the site. Alternative 42 /f the development plans are revised according to attachment B, the same level of berming, landscaping and screening as the current plan can be provided while allowing for the necessary right of way for Highway 212 construction. This will result in the loss of 50 spaces for automobile display in front of the building. Display areas should be screened from Plaza Drive and 212 but may be visible from the braided ramps. Staff met with the owners on Friday to discuss the impacts of new Hwy 212 plans. The owners indicated they could not live with the loss of 50 auto display spaces because the business depends on ^drive-by" visibility, and may have to consider looking at alternate sites in the area. EPFORD2.MDF:Sg I3 10 c, WALT= L. BUSH Ja., Chairman DENWAL MANAGEMENT May 31, 1990 City Of Eden Prairie Members of City Council & Staff 7600 Executive Drive Eden Prairie, Minnesota 55344 Dear Council Members & Staff: We are applying for a building and use permit to construct a Ford dealer outlet on Highway 212 in your City on the property lying east of and adjoining Menard's and south of the Crown Auto Store. This dealership is presently in Minnetonka and is known as Tonka Ford. We have owned and operated this facility since September 1, 1988. We believe we can upgrade the property which has some swampy characteristics and make the facility a first class building, blending well with the present environmental conditions. We now own seven dealerships in Minnesota and one in the Orlando, Florida area. These are Tonka Ford; Forest Lake Ford & Jeep/Eagle; Forest Lake Chrysler Plymouth Dodge; Southview Chevrolet & Jeep/Eagle; Northtown Nissan; Inver Grove Ford; Pine City (Car City - All G.M. Products); and, Action Nissan in Kissimmee, Florida. We also are partners in I.R.A. & Payless Rent A Car companies in the Twin Cities. We also operate Walden Leasing nationally with offices here and in Florida. Its principal business is to lease vehicles to daily rent-a-car companies in the resort areas of the southern and eastern United States. As persons charged with operating the City we know you have concerns for the well being of the City and wonder what impact this facility will have on the neighborhood and surrounding area. We don't believe you can sell cars by displaying flying objects above the building, brass bands, balloons and a carnival atmosphere as seen in parts of our area. We believe that service, quality of product, advertising and a good relatiOnship with potential customers in our immediate area will sell cars and, hopefully, will sell cars to repeat, well satisfied customers. Dorwa MaNwourfr. INC ()mew Puul • SITTE 990 les Wmtutacion AVENUE Souni MINNEAPOLIS. MINNESOTA %SOS 612•94 2 • sell 13),)b City of Eden Prairie Page 2 Here is a brief background on each of us. Walter L. Bush, Jr. - Sixty years old. Lived in southwest area of Minneapolis suburbs entire life. Graduate of Breck School, Dartmouth and University of Minnesota Law School. Practiced law thirteen years; founder and President of Minnesota North Stars and later, employee of team (Vice President) for seventeen years. In automotive business for seven years. Dennis E. Hecker - Thirty-eight years old. Lived in the Minneapolis area entire life. Attended Patrick Henry High School and the University of Minnesota. Served in U.S. Army. Virtually in the car business all his working life. Recipient of many automobile factory awards and well known nationally for his exceptional efforts on behalf of the factories. Both of us were owners of the Minneapolis Auto Auction which was sold to General Electric in 1987. We now office on the border of Eden Prairie and our plans at present are to move our offices to the second floor area of the new facility when completed. We both are sorry for any misunderstanding concerning our not being present at the last council meeting. One of us, Walter Bush, was attending an international hockey event as the USA representative and the other, Dennis Hecker, was in the Orient on a business trip working with one of our factory accounts. We sincerely wish to do business in Eden Prairie and feel we can be an asset to your community. We believe there are many of your residents who would like to have a dealership closer to home for the service convenience. The use of the factory signage and a small number of flag poles - three to six - should provide us with exposure. Also, the site lends itself to being seen by the public. If you have questions, we would be happy to answer them at your meeting on June 5, 1990. Thank you for your consideration. Yours very truly, Walter L. Bul;c 41?.4,f4 hiirman Dennis E. Hecker, President EDEN PRAIRIE PLANNING COMMISSION APPROVED MINUTES MONDAY, MAY 14, 1990 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COMMISSION MEMBERS: Chairperson Christine Dodge, Tim Bauer, Julianne Bye, Robert Hallett, Karen Norman, Charles Ruebling, Doug Sandstad. STAPP MEMBERS: Michael Franzen, Senior Planner; Don Uram, Planner; Scott Kipp, Planner; Deb Edlund, Recording Secretary. ROLL CALL: Bauer absent. I. IV. APPROVAL OF AGENDA MOTION: Bye moved, seconded by Hallett to approve the Agenda as published. Motion carried 5-0-0. MEMBERS REPORTS MINUTES MOTION; Bye moved, seconded by Norman to approve the Minutes of April 23, 1990 as published. Motion carried 4-0-1. Hallett abstained. DEVELOPMENT PROPOSALS EDEN PRAIRIE FORD, by Shea Architects, Inc. Request for Zoning District Change from Rural to C-Reg-Ser and Site Plan Review on 8.2 acres with outside storage variance to be reviewed by the Board of Appeals, and Preliminary Plat of 24.6 acres into 4 lots for construction of an automobile dealership. Location: North of Plaza Drive, west of Crown Auto. A continued public hearing. David Shea, representing the proponent, stated that the proponent had met with Staff and had revised the lighting and landscaping plans to meet Staff recommendations. Franzen reported that Staff had requested the proponent to make two additional changes to the plans: 1) The landscape plan should reflect an increase in the height of the conifers 1 rS toF NOTION 2: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Eden Prairie Ford for Zoning District Change from Rural to C-Reg-Ser on 8.2 acres for construction of an automobile dealership, with variance for outside storage to be reviewed by the Board of Appeals, based on plans dated May 11, 1990, subject to the recommendations of the Staff Reports dated April 20, and May 11, 1990 with the addition of Item 6 to read: Direct the City Attorney to review the agreement regarding signage and outdoor advertising to ensure compliance with City Code and violations related to this business. Motion carried 5-0-0. NOTION 3: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Eden Prairie Ford for Site Plan Review on 8.2 acres for construction of an automobile dealership, based on plans dated May 11, 1990, subject to the recommendations of the Staff Reports dated April 20, and May 11, 1990 with the addition of Item 6.to read: Direct the City Attorney to review the agreement regarding signage and outdoor advertising to ensure compliance with City Code and violations related to this business. Motion carried 5-0-0. NOTION 4: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Eden Prairie Ford for Preliminary Plat of 24.6 acres into four lots for construction of an automobile dealership, based on plans dated May 11, 1990, subject to the recommendations of the Staff Reports dated April 20, and May 11, 1990 with the addition of Item 6 to read: Direct the City Attorney to review the agreement regarding signage and outdoor advertising to ensure compliance with City Code and violations related to this business. Motion carried 5-0-0. 8:15 B. VILLAGE KNOLLS, by Argus Development. Request for Planned Unit Development Concept Review on 42.7 acres, Planned Unit Development District Review with waivers on 8.7 acres, Zoning District Amendment within the R1-13.5 District on 8.7 acres. Preliminary Plat of 42.7 acres into 23 single family lots, 2 outlots and road right-of-way for a residential development. Location: East of Homeward Hills Road at Silverwood Drive. A public hearing. NOTE: This item was reviewed last on the Agenda. Brian Olson, representing Argus Development, stated that the plan as shown presented all single family homes. He added that a previous plat had been approved for the Argus portion of the project prior to the conservancy area designation. Land had been traded with Hustad Development to provide a 3 1?)101-1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-108 RESOLUTION APPROVING THE PRELIMINARY PLAT OP WILSON RIDGE 3RD ADDITION FOR RYAN PROPERTIES, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Wilson Ridge 3rd Addition for Ryan Properties, Inc., dated May 1, 1990, consisting of three lots on 22.57 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 5th day of June, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 131! iigiR 1 AREA LOCATION MAP. STAFF REPORT BEOUEST: The Planning Commission Scott A. Kipp, Planner Chris Enger, Director of Planning May 11, 1990 Wilson Ridge 3rd Addition East of Highway #212, west of Flying Cloud Drive, and north of Valley View Road Ryan Properties, Inc. Ryan/Flying Cloud Associates, Limited Partnership Ryan/Wilson Limited Partnership and Ryan Properties, Inc. Site Plan Review and Preliminary Plat of 22.57 acres into 3 lots. Tta: nom: TEM: DA= SUBJECT: LOCATION: BPPLICANT/ FEE OWNER: Backaround The site plan review and preliminary plat involve two sites previously developed including the Computer Depot building zoned 1-2 and built in 1984 and the Wilson Learning building zoned Office and constructed in 1988. The owners of the Computer Depot building now known as the Americable building are requesting site plan review and preliminary platting of the property to accommodate additional parking stalls on their site. Preliminary Plat The preliminary platting of the 22.56 acres into three lots meets Code requirements for lot size and will not affect minimum requirements for setbacks to existing parking or structures. fits Plan A total of 83 additional parking spaces are proposed, meeting setback requirements. The plan has been designed to allow for the continued use of a maneuvering area for trucks to turn around. The construction of the additional parking Spaces will affect existing berming and landscaping on site. The proponent provides for the relocation, or replacement of all affected landscaping materials. In addition, a site line has been provided from the Valley View Road/Highway #212 bridge indicating that the proposed berming and plantings will maintain the necessary screening of the loading area. Recommendations Planning Staff would recommend approval of the site plan review and preliminary plat of 22.56 acres into three lots subject to plans dated May 1, 1990, this report and the following: 1. Prior to release of the Final Plat, the proponent shall provide a landscaping bond to cover the relocation or replacement of all affected plant materials. 2. Developer acknowledges that any site lighting to be implemented in conjunction with the additional parking spaces shall be identical to the existing downcast pole lighting on site. WILRDGE3.SAK:bs 13IA RYAN PROPERTIES, INC. 700 International Centre 900 Second /venue South 4r. linneapolis, MN 55402 2/339-9847 Please reply to: 7500 Flying Cloud DrNe Eden Prairie, Minnesota 55344 (612)829-5829 May 1, 1990 172YAN Mr. Scott Kipp CITY OF EDEN PRAIRIE 7600 Executive Drive Eden Prairie, MN 55344-3677 Re: Wilson Ridge 3rd Dear Scott: In follow-up to your letter regarding your observations and concerns based upon preliminary review of the project by the city, we have developed a grading and planting plan which will provide screening of most of the new parking and service areas of the Americable building. However, we were unable to build a berm 100% on the Americable lot near the 10-13 new parking spaces closest to Flying Cloud Drive. We believe that the existing 30' high mound on the Wilson Learning Center lot (just south of this parking area) provides excellent screening. We propose that in addition to the planting and screening shown in our submission, we be allowed to rely on that berm for part of our screening. If and when we remove that large berm on the Wilson site, we recognize we may expose some views into the Americable lot. At that time we propose to address those (sight line) issues into Americable. The city, through its review process on any Wilson Center expansion can remind us of this committ- ment. We believe that the most efficient and attractive resolution can be achieved at that time. If you have any questions or comments, please contact me at 829-5829. Thank you for your consideration. Sincerely, RYAN CONSTR0CTION COMPANY Scott G. Smith Property Manager SGS:jj CityofEden Prairie City Offices xecutive Drive • Eden Prairie, MN 55344-3677 • Telephone (612)937-2262 (EP eciarr praline; April 25, 1990 Mr. Tim Erkkila Westwood 14180 West Highway #5 Eden Prairie, MN 55344 RE: WILSON RIDGE 3RD Dear Tim: In follow-up to our conversation today, it is my understanding that you are the contact person for the Wilson Ridge 3rd project. This project will be scheduled for the May 14, 1990 Planning Commission meeting. The City has completed a preliminary review of the project and has identified the following items and issues for your consideration: 1. Any existing or proposed parking shall maintain a minimum of 10' from the new lot line. This includes the Wilson Learning site. 2. Proposed parking along the building may not be allowed if it causes the exposure of additional plain concrete block wall face since it doesn't meet Code. 3. Proposed parking removes both berming and existing landscaping from the site. A landscaping plan will be required which addresses the relocation of this plant material along with additional berming near Flying Cloud Drive. This berm could be constructed within the Wilson Learning property. 4. The parking islands shall be designed for tree planting and constructed with concrete curbing. The most westerly island shall be a minimum of 10' wide. 5. To protect the truck turn-around throat, concrete curbing shall be used to delineate the parking from the turn-around area and identified for no parking. 6. Provide the proper drainage and utility easements on the plat. Tim Erkkila April 25, 1990 Page 2 7. For your information, the relocation of this lot line will add Office Zoning to the already zoned 1-2 Americable site. Rezoning the property will not be necessary, but has been brought to your attention. Please see that 12 sets of revised plans are submitted to this office by May 1st in order that a Staff Report may be drafted. Should you have any questions, please call. Sincerely, City of Eden Prairie itital• 24r Scott A. Kipp Planner ERKKILA.SAK:bs J:45 added that even though the previously approved plat was still valid, he believed that further negotiations would benefit all parties. Olson stated. that there was some flexibility in the road alignment and it could be moved up to 15 feet in some areas. He added that the lots next to the shoreland could be adjusted to reduce the impact. The Planning Commission directed the proponents to remove the building pads from the conservancy area, adhere to the Shoreland Ordinance guidelines, and minimize the tree lose as much as possible. The Planning Commission indicated that it would be open to viewing a plan for multiple-family housing in the northern portion of the proposal. Hallett asked if the Parks, Recreation & Natural Resources Commission had reviewed the proposal. Franzen replied that Director Lambert had attended the initial meetings. Hallett recommended that the proposal be reviewed by the Parks, Recreation & Natural Resources Commission. Ruebling stated that he was uncomfortable with the number of variances required and questioned if a density transfer would be feasible in this area. The remainder of the Planning Commission concurred. Franzen asked if the direction of the Planning Commission was to eliminate all variances or to return to the Planning Commission with a better site plan which would minimize the number of variances required. Ruebling believed that the site plan should be improved with a minimal amount of variance requirements. Hallett stated that it was difficult to get a good feel for the area and recommended that a field inspection might be appropriate. Norman asked Olson how a continuance would affect Argus Development. Olson replied that Argus Development would like to see the project constructed this year. He added that the house was currently vacant and there was concern regarding vandalism. Olson added that either plan would work for Argus Development, but they did need to move in some direction soon. MOTION 14 Sandstad moved, seconded by Bye to continue the public hearing to the May 29, 1990 Planning Commission meeting. Motion carried 6-0-0. WILSON RIDGE 3RD ADDITION. by Ryan Properties, Inc. Request for Site Plan Review and Preliminary Plat of 22.57 acres into 7 ftp 3 lots for construction of additional parking spaces for the Americable buildings. Location: 7500 Flying Cloud Drive. A public hearing. Kipp presented the item for review. He stated that additional parking was needed at the site and, therefore, required that the property be replatted. Kipp added that all existing landscaping would be relocated and the screening of loading facilities would be maintained. NOTION 1: Sandstad moved, seconded by Bye to close the public hearing. Motion carried 5-0-0. NOTION 2: Sandstad moved, seconded by Bye to recommend to the City Council approval of the request of Ryan Properties, Inc. for Site Plan Review of 22.57 acres for construction of additional parking spaces for the Americable buildings within Wilson Ridge 3rd Addition, based on plans dated May 1, 1990, subject to the recommendations of the Staff Report dated May 11, 1990. Motion carried 5-0-0. MOTION 3: Sandstad moved, seconded by Bye to recommend to the City Council approval of the request of Ryan Properties, Inc. for Preliminary Plat of Wilson Ridge 3rd Addition for 22.57 acres into three lots based on plans dated May 1, 1990, subject to the recommendations of the Staff Report dated May 11, 1990. Motion carried 5-0-0. 9:00 D. BOULDER POINTE WEST TOWEBOMEs. by David Carlson Companies for Zoning District Change from R1-22 to RM-6.5 on 8.26 acres, Site Plan Review on 8.26 acres, Preliminary Plat of 8.97 acres into 31 lots, 2 outlots and road right-of-way for construction of 30 duplex units. Location: Northeast corner of Pioneer Trail and spring Road. A public hearing. David Carlson presented the plans for a 30 unit townhouse subdivision. Carlson stated that he had introduced a new concept of lower priced one-story townhouses units in other communities, which had been successful. The price range for the townhouse units would be between $120,000 and $130,000. Carlson believed that the townhouse units would blend in well with the existing neighborhood. At this time Carlson had not conducted a neighborhood meeting; however, he had discussed the plan with residents this evening. The project would provide 3 entrances from Mitchell Road. Carlson noted that the landscaping would be increased along County Road 1. Uram reported that this was the last medium density section to 8 13 11 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-106 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BOULDER POINTE TOWNHOMES WEST FOR DAVID CARLSON COMPANIES, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Boulder Pointe Townhomes West for David Carlson Companies, Inc., dated May 3, 1990, consisting of 31 lots, two outlots, and road right-of-way on 8.26 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 5th day of June, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Planning Commission Donald P. Uram, Assistant Planner Chris Enger, Planning Director May 11, 1990 Boulder Pointe West Townhomes David Carlson Northeast corner of Pioneer Trail and Spring Road 1. Zoning District Change from R1-22 to RN-6.5 on 8.26 acres 2. Site Plan Review on 8.26 acres. 3. Preliminary Plat of 8.97 acres into 31 lots, 2 outlots and road right-of-way. STAPP REPORT TQ: IUD PROJECT: APPLICANT/ ATE OWNER: AOCATION: REQUEST: Background This site is part of the Red Rock Ranch PUD which was amended in 1988. The original Red Rock Ranch PUD approved in 1983 depicted 525 housing units on 150 acres at an overall density of 3.5.units per acre. The amended PUD depicts 250 units which includes 88 units designated as medium density. This proposal is Phase V of the Red Rock Ranch PUD. The Red Rock Ranch Developer's Agreement dated December 13, 1988 states that Phase V is established for development at not more than 31 units. The 8.97 acre tract is recorded as Outlot C, Boulder Pointe. This property is currently guided Medium Density 3. PROPOSED SITE " /3,9 AREA LOCATION MAP Residential and is zoned R1-22. The proponent is requesting a zoning district change from R1-22 to RM-6.5 to allow for the construction of 15 duplex buildings. Bite Plan/Preliminary Plat Legally described as Outlot C, Boulder Pointe, this property will be subdivided into 31 lots for the construction of 15 duplex units. Outlots A and B will be deeded to the adjacent property owners for inclusion within their project sites. The proponent is requesting a zoning district change from R1-22 to RM-6.5 which would allow up to 6.7 units per acre. The plans depict 30 units at a density of 3.39 units per acre. The proposal meets the minimum requirements of the RM-6.5 Zoning District. Access to the site would be provided by the extension of Mitchell Road to County Road #1. Construction on this section of Mitchell Road is expected to begin in June and be substantially completed by November. Access to the units will be provided by three private cul-de-sacs built to City standards. Because the streets are private, the buildings may be placed closer to the street than 30 feet which is required in the RN-6.5 Zoning District. A minimum of 25 feet behind each garage stall to the curb is required to allow for driveway parking. All buildings must be placed a minimum of 25 feet from the curb. Based upon a parking requirement of 2 spaces per unit, sixty parking stalls are required. Each unit has a two stall garage and driveway parking. There are 9 other spaces scattered throughout the project for overflow parking. Grading Natural elevations on this site range from a high point of 894 along the east and west property lines to a low point of 854 in the northwest corner of the site. The entire site will be graded in order to allow for construction of Mitchell Road, the development of the retention pond, and to allow for the construction of 30 duplex units. In order to match grade along the eastern property line, 2 - four foot retaining walls are proposed. Utilities Utilities are available to the site by connections made to proposed utilities within the proposed Mitchell Road extension. Storm water run-off is proposed to be collected through a catch basin system located throughout the project site. All site drainage is proposed to the retention pond along the northern portion of the property. The pond design will be completed in conjunction with the final plans for Mitchell Road. 2 I NO Architecture The proponent has submitted three different architectural plans for review. In order to provide additional architectural variety, units 9, 19, and 29 will be redesigned with side loaded garages. These units measure approximately 39 feet in width and are approximately 66 feet in depth. Overall, each unit would contain approximately 1,500 square feet on the first floor. All of the unit types are single story and are designed as walkouts, lookouts, or rambler style. Proposed building materials include lap siding and facebrick along the front elevations. Landscaping The landscape plan depicts a total of 383 caliper inches of plant material which meets the City Code requirement for landscaping. There are a total of 58 cedar trees along the northern portion of the site ranging in size from 2-6 inches. A total of 18 trees will be saved with the development of this project. In addition, there is an existing stand of 2-8 inch boxelder trees which will be removed due to the construction of Mitchell Road and the retention pond. Pedestrian Systems Final plans for Mitchell Road indicate an 8 foot bituminous path along the west side and a 5 foot concrete sidewalk along the east side. Staff Recommendations Staff recommends approval of the Zoning District change from R1-22 to RM-6.5 on 8.26 acres, Site Plan Review on 8.26 acres, and the Preliminary Plat of 8.97 acres into 31 lots, 2 outlots and road right-of-way for the construction of a 30 unit multiple family residential development based on revised plans dated April 27, 1990, subject to the recommendations in the Staff Report dated May 11, 1990, and subject to the following conditions: 1. Prior to Council Review, proponent shall: a. Submit samples of building materials and colors for review by City Staff. b. Revise the plans to depict a minimum 25 foot setback from the curb to all buildings. c. Revise the plans to reflect side loaded garages for units 9, 19, and 29. Submit revised architectural elevations. d. Submit an irrigation system plan. 3 2R1 2. Prior to final plat, the proponent shall: a. Submit detailed storm water and erosion control plans for review by the Watershed District. b. Submit detailed storm water, utility and erosion control plans for review by the City Engineer. 3. Prior to grading permit issuance the proponent shall: a. Notify the City and Watershed District at least 48 hours in advance of grading. b. Stake the construction limits with erosion control fencing. 4. Submit Homeowners Association Documents for review. 5. Sign a special assessment agreement for the construction of Mitchell Road. BPWEST.DRU:bs 4 9:00 D. 3 lots for construction of additional parking spaces for the Americable buildings. Location: 7500 Flying Cloud Drive. A public hearing. Kipp presented the item for review. He stated that additional parking was needed at the site and, therefore, required that the property be replatted. Kipp added that all existing landscaping would be relocated and the screening of loading facilities would be maintained. NOTION 1: Sandstad moved, seconded by Bye to close the public hearing. Motion carried 5-0-0. NOTION 2: Sandstad moved, seconded by Bye to recommend to the City Council approval of the request of Ryan Properties, Inc. for Site Plan Review of 22.57 acres for construction of additional parking spaces for the Americable buildings within Wilson Ridge 3rd Addition, based on plans dated May 1, 1990, subject to the recommendations of the Staff Report dated May 11, 1990. Motion carried 5-0-0. MOTION IL Sandstad moved, seconded by Bye to recommend to the City Council approval of the request of Ryan Properties, Inc. for Preliminary Plat of Wilson Ridge 3rd Addition for 22.57 acres into three lots based on plans dated May 1, 1990, subject to the recommendations of the Staff Report dated May 11, 1990. Motion carried 5-0-0. EOULDER POINTE WEST TOWNHOMES. by David Carlson Companies for Zoning District Change from R1-22 to RM-6.5 on 8.26 acres, Site Plan Review on 8.26 acres, Preliminary , Flat of 8.97 acres into 31 lots, 2 outlots and road right-of-way for construction of 30 duplex units. Location: Northeast corner of Pioneer Trail and Spring Road. A public hearing. David Carlson presented the plans for a 30 unit townhouse subdivision. Carlson stated that he had introduced a new concept of lower priced one-story townhouses units in other communities, which had been successful. The price range for the townhouse units would be between $120,000 and $130,000. Carlson believed that the townhouse units would blend in well with the existing neighborhood. At this time Carlson had not conducted a neighborhood meeting; however, he had discussed the plan with residents this evening. The project would provide 3 entrances from Mitchell Road. Carlson noted that the landscaping would be increased along County Road 1. Uram reported that this was the last medium density section to 8 IU3 be developed in the Red Rock Ranch area. The delay in the project had related to the connection of Mitchell Road and County Road 1. All of the access for the subdivision would be from Mitchell Road. Uram stated that the affect on the• existing neighborhood would be minimal. The landscaping provided exceeded City Code requirements by over 200 inches. Uram recommended approval of the project based on the recommendations outlined in the Staff Report. Bye asked Carlson if he agreed with the recommendations as outlined in the Staff Report. Carlson replied yes. Mr. Weibell, on Sunrise Circle, asked where the water runoff would go. Uram replied that the runoff from this site would be collected in a catch basin system and discharged to a retention pond located on the north end of the project site. This pond would be constructed as part of the Mitchell Road project. Sandstad asked if there would be any way to avoid the need for the retaining wall. Uram replied that originally a 20-foot wall was proposed along the entire length of the property line and currently the plan was changed to require only two 4-foot retaining walls. Uram added that the walls could not be eliminated entirely. Carlson added that there would be a lot of excess soil and that he would like to look at a possible raise in the grade. Norman asked if any totlots would be proposed. Carlson replied that the target market was for residents 55 years old or older. Carlson added that no interest had been shown by families with young children. Carlson stated that sidewalk access would be available to neighborhood parks. Ruebling arrived at 8:45. Weibell asked if City sewer would be available. Dram replied yes. Weibell asked where the connection would be located. Uram replied that the sanitary sewer connection would be from Mitchell Road. NOTION 1: Bye moved, seconded by Norman to close the public hearing, or continue. Motion carried 5-0-1. Ruebling abstained. NOTION 2: Bye moved, seconded by Norman to recommend to the City Council approval of the request of David Carlson Companies for Zoning District Change from Rural to RM-6.5 on 8.26 acres for Boulder Pointe West Townhomes based on plans dated April 27, 1990, subject to the recommendations of the Staff Report dated May 11, 1990. Motion carried 5-0-1. Ruebling abstained. 9 MOTION 3: Bye moved, seconded by Norman to recommend to the City Council approval of the request of David Carlson Companies for Site Plan Review on 8.26 acres for Boulder Pointe West Townhomes for a duplex residential development, based on plans dated April 27, 1990, subject to the recommendations of the Staff Report dated May 11, 1990. Motion carried 5-0-1. Ruebling abstained. MOTION 4: Bye moved, seconded by Norman to recommend to the City Council approval of the request of David Carlson Companies for Preliminary Plat of 8.97 acres into 31 lots, two outlots, and road right-of-way for construction of 30 townhouse units to be known as Boulder Pointe West Townhomes, based on plans dated April 27, 1990, subject to the recommendations of the Staff Report dated May 11, 1990. Motion carried 5-0-1. Ruebling abstained. 9:20 E. GUIDE PLAN UPDATE - A public hearing. Kipp presented the revised Comprehensive Guide Plan map to the Planning Commission for review and approval. The map had been revised by Staff to define areas more clearly, add the new school sites, show the alignment of Highway 212, and depict the DNR water body classifications. Bye asked if any changes had been made to the map since it was presented to the Planning Commission approximately a month ago. Kipp replied no. MOTION: Bye moved, seconded by Norman to recommend to the City Council approval of the proposed Comprehensive Guide Plan Amendments as presented at the May 14, 1990, Planning Commission meeting. Motion carried 5-0-0. V. OLD BUSINESS Hallett asked if Staff would be attending the meeting for the Rural Service Areas set for June 7, 1990 and if a report could be forwarded to the Planning Commission. Hallett asked if the new shopping center on Highway 169 was constructed as proposed. Hallett noted that the loading areas were not well screened. Franzen replied that the plan is built as proposed but does not screen as originally assured by the developer. Ruebling asked if it would be appropriate for a letter to be sent to the developer indicating how displeased the Planning Commission was in the outcome of the project. 1 0 196 1990 Housekeeping Amendments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 00-127 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the City of Eden Prairie has a listing of housekeeping amendments which require amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby adopts the amendments of the Plan as enumerated in Exhibit t attached hereto, in the corresponding locations as depicted in Exhibit B, N. ztached hereto. ADOPTED by'the City Council of Eden Prairie this 5th day of June, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CityofEden Prairie cvffices 7, Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262 April 12, 1990 The Metropolitan Council Mears Park Centre 230 East 5th Street St. Paul, MN 55101 RE: Revisions to the Eden Prairie Guide Plan Map Dear Sirs: The Eden Prairie Guide Plan Map was adopted by the City Council in 1968, and subsequently reviewed and approved by the Metropolitan Council. An updated version of this map was approved in 1982 and is the base of the map currently used today. Since 1982, more minor Guide Plan changes have been adopted by the City Council and Metropolitan Council, and are reflected on this map. Recently City Staff has been in the process of grouping and identifying minor revisions to the 1982 Guide Plan Map. This update combines graphic revisions for easier interpretation of land uses, incorporation of regional changes regarding Highway #212 alignment, and precise reflection of local uses that are currently in place. GRAPHIC The primary change to the map is the use of actual property lines for graphic representations of land use rather than more conceptual shaped forms. This will reduce debates on interpretation which occurred over graphic "cracks" in between land uses on the 1982 map. In addition, legend changes have taken place which include: listing density limits for the residential land uses, defining all road classifications in accordance with the Metropolitan Council Transportation Guide, and labelling the MUSA Line as a Year 2000 Line. LAND USE. changes 1-6 and 23-27 The Industrial land use previously located between the old Highway #212 alignment and the railroad tracks has now been replaced by a Low Density Residential land use. In 1980, the zoning of this property was changed from Industrial back to Rural. In addition, since abandonment of the railroad track is imminent and with the relocation of Highway #212 in place, the Guide Plan Map should reflect current conditions. The commercial land use, located south City Eden Prairie tt A. Kipp Assistant Planner Metropolitan Council April 12, 1990 Page 2 of the old Highway #212 alignment, has now been shifted further west keeping the same relationship to the new Dell Road alignment. In addition, all existing public school and church sites have now been accurately reflected on the Guide Plan Map. ROADWAY. changes 7-16 More specific revisions that have been made reflect regional and local changes that are actual current uses or have been adopted by our City Council. Because the new alignment of Highway #212 as adopted in "The Official Map" process no longer follows the 1982 Guide Plan Map, relocation of this alignment is necessary. This change precipitated minor changes to the Dell Road and Scenic Heights Road alignments as well. Also, a few of the roads within the community have either been removed from the Guide Plan because existing development prohibits their construction, or have been reclassified since they do not meet the classification of the original Guide Plan. AHORELAND. changes 17-22 Some of the waterbody classifications in Eden Prairie have now been changed to reflect current DNR shoreland water classifications. PUBLIC OPEN SPACE. changes 28-36 The final changes made to the map show the addition of small neighborhood parks that are currently in existence or reflect the previously approved City Park and Open Space system. One cemetary site was slightly modified as part of the surrounding development approval. We will be presenting these minor amendments to our Planning Commission and City Council for approval. We would appreciate any comments you may have at this time. Sincerely, EPGPMAP.SAK:bs 13 a7 ;ENERAL CljANGES - Clarified the extent of boundaries for each land use. - Clarified legend - Changed MUSA line definition to include Year 2000. ( Redefined road types according to the Metropolitan Council Transponalion Guide. - Added density limits for residential areas. REDIFIC CHANGES - Land Use 1. Changed the guided Industrial area to Low Density Residential. - 69 acres 2. Moved the location of the guided Community Commercial area to the intersection. - 21.5 acre net loss 3. Extended Medium Density Residential area to 100-Year High Water Mark. - 2 0 . 5 acres 4. Changed SuperAmerica from Office to Community Commercial.- 1 . 4 acres 5. Added Prairie Methodist Church site. - 14 . 3 acres 6. Added Fire Station.- 0 5 acres - Roadway 7. Changed the location of Dell Road. 8. Changed the location of Highway 212. 9. Changed classification from a Minor Arterial to a Collector Street. 10. Changed Collector Street to unclassified street. 11. Changed classification from a Collector Street to a Major Arterial. 12. Changed classification from a Interstate Freeway to a Major Arterial. 13. Removed frontage road. 14. Removed Collector Street. 15. Changed to a Collector Street from an unclassified street. 16. Changed the location of Scenic Heights Road. - Shoreland (consistent with DNR classifications) 17. Changed classification of Neill Lake from General Development to Natural Environment. 18. Changed classification of Anderson Lakes from Natural Environment to Recreational Development. 19. Changed classification of Super Yalu Pond from unclassified to Natural Environment. 20. Changed classification of Lake Idlewild from Quasi Public to Recreational Development. 21. Changed classification of McCoy Lake from Recreational Development to Natural EnvironmeM. 22. Changed classification of Rice Marsh Lake from unclassified to Natural Environment. - Schools 23. Changed from Elementary School classification to Public Space.- 8 acres 24. Changed from Low Density Residential to Elementary School. - 28.5 acres 25. Changed from Low and Medium Density Residential to Secondary School. - 13 acres 26. Changed from Secondary School to Elementary School. - 10. 4 acres 27. Changed from Elementary School classification to Public Space.- 1 . 4 acres - Public Open Space 28. Added Neighborhood Park. - 1. 4 acres 29. Added Public Space. - 10. 3 acres 30. Added Trail Corridor. - 0. 7 acres 31. Added Public Space. - 1. 7 acres 32. Added Neighborhood Park. - 1. 2 acres 3. Extended Neighborhood Park. - 17 acres Added Neighborhood Park. - 1 0 . 5 acres 35. Added Public Space. - 2. 3 acres 36. Exterided Cemetery boundaries. - 2. 5 acres /3A9 _ METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street. St. Paid, MN. 55101 612 291-6359 May 10, 1990 Mr. Chris Enger Planning Director City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 RE: City of Eden Prairie Comprehensive Plan Amendment Graphic Revisions Metropolitan Council District 13 Metropolitan Council Referral File No. 15000-5 Dear Mr. Enger: The Metropolitan Council staff has reviewed the city of Eden Prairie comprehensive plan amendment received by the Council on May 7, 1990. We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapt e r s of the Metropolitan Development Guide, the Council will waive further review and commen t o n this amendment. The amendment, explanatory materials supplied and the infortnatioh submission form will be appended to the city's plan in the Council's files. This concludes the Council's review. Sincery, Steve Keefe Chair SK:kp cc: Dirk deVries, Metropolitan Council District 13 John Rutford, Metropolitan Council Staff Steven Schwanke, Metropolitan Council Staff bNitnnidesusani.law NOTION 3: Bye moved, seconded by Norman to recommend to the City Council approval of the request of David Carlson Companies for Site Plan Review on 8.26 acres for Boulder Pointe West Townhomes for a duplex residential development, based on plans dated April 27, 1990, subject to the recommendations of the Staff Report dated May 11, 1990. Motion carried 5-0-1. Ruebling abstained. NOTION 4: Bye moved, seconded by Norman to recommend to the City Council approval of the request of David Carlson Companies for Preliminary Plat of 8.97 acres into 31 lots, two outlots, and road right-of-way for construction of 30 townhouse units to be known as Boulder Pointe West Townhomes, based on plans dated April 27, 1990, subject to the recommendations of the Staff Report dated May 11, 1990. Motion carried 5-0-1. Ruebling abstained. 9:20 E. GUIDE PLAN UPDATE - A public hearing. Kipp presented the revised Comprehensive Guide Plan map to the Planning Commission for review and approval. The map had been revised by Staff to define areas more clearly, add the new school sites, show the alignment of Highway 212, and depict the DNR water body classifications. Bye asked if any changes had been made to the map since it was presented to the Planning Commission approximately a month ago. Kipp replied no. MOTION: Bye moved, seconded by Norman to recommend to the City Council approval of the proposed Comprehensive Guide Plan Amendments as presented at the May 14, 1990, Planning Commission meeting. Motion carried 5-0-0. V. OLD BUSINESS Hallett asked if Staff would be attending the meeting for the Rural Service Areas set for June 7, 1990 and if a report could be forwarded to the Planning Commission. Hallett asked if the new shopping center on Highway 169 wa s constructed as proposed. Hallett noted that the loading areas wer e not well screened. Franzen replied that the plan is built a s proposed but does not screen as originally assured by th e developer. Ruebling asked if it would be appropriate for a letter to be sen t to the developer indicating how displeased the Planning Commissio n was in the outcome of the project. 10 ijB 59751 (752 '53 d754 59755 59756 59757 59758 59759 59760 59761 59762 59763 59764 59765 59766 59767 59768 59769 59770 59771 59772 59773 59774 59775 59776 59777 78 k 79 59780 59781 59782 59783 59784 59785 59786 59787 59788 59789 59790 59791 59792 59793 59794 59795 59796 59797 59798 59799 59800 59801 5Q802 JUNE 5,1990 59750 HENNEPIN COUNTY TREASURER PETTY CASH RIDGEDALE YMCA MN RECREATION & PARK ASSN CITY-COUNTY CREDIT UNION COMMISSIONER OF REVENUE CROW WING COUNTY SOCIAL SERVICES FIRST BANK EDEN PRAIRIE GREAT WEST LIFE ASSURANCE CO HEWN CrY SUPPORT & COLLECTION SER IONA RETIREMENT CORPORATION INTERNAL REVENUE SERVICE INTL UNION OF OPERATING ENG MN TEAMSTERS CREDIT UNION EXECUTIVE DIRECTOR-PERA EXECUTIVE DIRECTOR-PERA UNITED WAY J L SHIELY COMPANY U S WEST COMMUNICATIONS NORTHERN STATES POWER COMPANY NORTHERN STATES POWER CO ALL AMERICAN BOTTLING CORP BEER WHOLESALERS INC DAY DISTRIBUTING CO EAST SIDE BEVERAGE CO HOME JUICE PRODUCTS KIRSCH DISTRIBUTING CO MARK VII DISTRIBUTING COMPANY MIDWEST COCA COLA BOTTLING CO PEPSI COLA COMPANY THORPE DISTRIBUTING COMPANY CASEY ALEXANDER CAROL FILUT SUSAN GEKAS LATHA IYER BEV SIMMS JOY TANNER SANDRA TRETTEL MN FORESTRY ASSOCIATION STATE TREASURER STATE OF MINNESOT STATE TREASURER CCININC REGION 18 PETTY CASH-POLICE DEFT INDEPENDENT SCHOOL DIST #272 PERFORMANCE COMPUTER FORMS UNITED ARTISTS THEATERS JOHN TEMAN VOID OUT CHECK WEST SIDE VOLKSWAGEN TRAVEL PROFESSIONALS EAGLE WINE CO GRIGGS COOPER & CO INC '-..J755227 -1ST HALF OF 1990 PROPERTY TAXES-EDEN PRAIRIE INDUSTRIAL CENTER EXPENSES-CITY HALL YMCA TRIP-NEIGHBORHOOD OUTREACH PROGRAM SOFTBALL TEAM REGISTRATIONS PAYROLL 5/4/90 PAYROLL 5/4/90 CHILD SUPPORT DEDUCTION PAYROLL 5/4/90 PAYROLL 5/4/90 CHILD SUPPORT DEDUCTION PAYROLL 5/4/90 PAYROLL 5/4/90 ' MAY '90 UNION DUES PAYROLL 5/4/90 JUNE '90 LIFE INSURANCE PREMIUM PAYROLL 5/4/90 PAYROLL 5/4/90 GRAVEL-STREET MAINTENANCE SERVICE SERVICE SERVICE MIX BEER BEER BEER MIX BEER BEER MIX MIX BEER REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-GOLF LESSONS REFUND-SWIMMING LESSONS TREES-FORESTRY DEPT LICENSES-WATER DEFT LICENSES-WATER DEFT SUBSCRIPTION-POLICE DEPT CANINE TRIALS ENTRY FEE-POLICE DEFT EXPENSES-POLICE DEPT EXPENSES-HUMAN RESOURCES DEPT COPY PAPER-POLICE DEPT -MOVIE THEATER TRIP-NEIGHBORHOOD OUTREACH PROGRAM REFUND-SPECIAL ASSESSMENT PARTS FOR ZAMBONI REPAIR-COMMUNITY CENTER CONFERENCE-POLICE DEPT WINE LIQUOR 18631.85 54.82 25.00 3664.00 2572.00 12215.84 186.00 60351.38 27179.44 194.76 11229.04 32.00 1033.00 25.00 162.00 34885.56 229.50 157.52 653.42 31656.74 367.49 270.90 3479.50 5784.88 15641.60 36.24 503.12 13538.12 575.31 526.88 20180.15 19.00 22.00 38.00 20.00 19.00 30.00 19.00 135.00 150.00 60.00 40.00 35.00 59.59 9.00 514.80 42.00' 12219.57 0.00 49.30 597.00 646.83 16884.12 /S3A 59803 JOHNSON BROTHERS LIQUOR CO 59804 MARK VII DISTRIBUTING COMPANY I( "9805 PAUSTIS & SONS CO 806 ED PHILLIPS & SONS CO .9807 PRIOR WINE CO 59808 QUALITY WINE CO 59809 MIKE BOSACKER 59810 MN DEPT OF NATURAL RESOURCES 59811 U S WEST COMMUNICATIONS 59812 MINNESOTA VALLEY ELECTRIC CO-OP 59813 AT&T 59814 NORTHERN STATES POWER CO 59815 KILUMER ELECTRIC COMPANY INC 59816 INDEPENDENT SCHOOL DIST #272 59817 GOODYEAR COMMERCIAL TIRE & 59818 FAIR SHARE OF EDEN PRAIRIE 59819 COMMISSIONER OF REVENUE 59820 STAN BANN 59821 MELISSA BOOTH 59822 JEAN CHAFFEE 59823 DEBRA COLEMAN 59824 DEBBIE DEAN 59825 PAMELA DENNER 59826 INGEBORG HONAAS 1827 CHRISTA JOHNSON J828 BRENDA JONES 59829 DELORES KAYE 59830 DOUG MC DONALD 59831 VIOLET MERIWETHER 59832 PAULA MORAN 59833 KATHRYN NORDBY 59834 CASEY SCHUTROP 59835 JOE SCHWARTZ 59836 AGNES KWIETKOWSKI 59837 IRIS TUNGSETH 59838 LINDA YOUNG 59839 TEENER'S THEATRICAL FABRICS 59840 LEAGUE OF MINNESOTA CITIES 59841 JOHN H CROWTHER INC 59842 BUREAU OF ALCOHOL TOBACCO & 59843 MN COMMERCE DEPARTMENT 59844 GUARANTEE MUTUAL LIFE COMPANY 59845 MUTUAL BENEFIT LIFE 59846 HENNEPIN TECHNICAL COLLEGE 59847 MN DEPARTMENT OF REVENUE 59848 EAGLE WINE CO 59849 GRIGGS COOPER & CO INC 59850 JOHNSON BROTHERS LIQUOR CO 59851 ED PHILLIPS & SONS CO 9852 PRIOR WINE CO 853 QUALITY WINE CO WINE WINE WINE LIQUOR WINE LIQUOR CONFERENCE-POLICE DEFT WATER TREATMENT PERMIT-ROUND LAKE SERVICE SERVICE SERVICE SERVICE LIGHT REPAIR-STREET LIGHTING DEPT -BUS SERVICE-NEIGHBORHOOD OUTREACH PROGRAM/ -SPECIAL EVENTS/TRIPS/ROOM RENTAL-ADULT -PROGRAMS/COPIES-RECREATION SUPERVISOR/ -YOUTH ADULT PROGRAM SPONSORSHIP-HISTORICAL & CULTURAL COMMISSION SERVIC TIRES-EQUIPMENT MAINTENANCE INC BOOK-ASSESSING DEPT APRIL '90 SALES TAX REFUND-SPRINGBOARD DIVING CLASS REFUND-DIVING CLASS REFUND-SALAD LUNCHEON REFUND-TENNIS LESSONS/SWIMMING LESSONS REFUND-SPRINGBOARD DIVING CLASS REFUND-SALAD LUNCHEON REFUND-OIL PAINTING CLASS REFUND-LIFEGUARD TRAINING CLASS REFUND-SWIMMING LESSONS REFUND-OIL PAINTING CLASS REFUND-LIFEGUARD TRAINING CLASS REFUND-SALAD LUNCHEON REFUND-SWIMMING LESSONS REFUND-SPRINGBOARD DIVING CLASS REFUND-ROUND LAKE PARK PAVILION RENTAL REFUND-ROUND LAKE PARK BUILDING RENTAL REFUND-SWIMMING LESSONS REFUND-LIFEGUARD TRAINING CLASS REFUND-LIFEGUARD TRAINING CLASS & ACC FABRIC/ACCESSORIES-ICE SHOW-COMMUNITY CIT CONFERENCE-ADMINISTRATION LIABILITY INSURANCE-LIQUOR STORES FIREA LICENSE-LIQUOR STORES LICENSE-PARK PLANNING DEPT MAY '90 LIFE INSURANCE PREMIUM MAY '90 DISABILITY INSURANCE PREMIUM SCHOOL-ASSESSING DEFT LICENSES-ASSESSING DEPT WINE LIQUOR LIQUOR WINE WINE LIQUOR JUNE 5.1990 15179.01 14.25 185.92 11812.29 1495.11 7129.88 112.00 24.00 6497.65 55.25 1068.26 3614.20 332.00 1034.74 58.68 10.00 19854.27 16.00 22.00 4.50 34.00 22.00 4.50 18.00 30.00 1.75 18.00 30.00 4.50 22.00 22.00 25.00 25.00 22.00 30.00 30.00 56.45 35.00 3484.00 500.00 58.00 2699.40 2664.27 79.00 225.00 423.50 7236.49 5362.26 589.60 451.61 1360.35 9408169 JUNE 5.1990 59854 J L SHIELY COMPANY 59855 AD RESOURCES & PROMOTIONS INC 59856 HOPKINS POSTMASTER fli57 AT&T CONSUMER PRODUCTS DIV c 58 AT&T CREDIT CORPORATION V859 NORTHERN STATES POWER COMPANY 59860 U S WEST CELLULAR INC 59861 U S WEST COMMUNICATIONS 59862 CITY-COUNTY CREDIT UNION 59863 COMMISSIONER OF REVENUE 59864 CROW WING COUNTY SOCIAL SERVICES 59865 FIRST BANK EDEN PRAIRIE 59866 GREAT WEST LIFE ASSURANCE CO 59867 HENN CTY SUPPORT & COLLECTION 59868 ICMA RETIREMEMT TRUST 59869 INTERNAL REVENUE SERVICE 59870 MEDCENTERS HEALTH PLAN INC 59871 MN TEAMSTERS CREDIT UNION 59872 NORWEST BANK HOPKINS 59873 EXECUTIVE DIRECTOR-PERA 59874 UNITED WAY 59875 PHYSICIANS HEALTH PLAN 59876 NANCY ALBRIGHT 59877 ANASTASIA DANGER 59878 DAVID WERT 59879 RALPH & GERRY GRIER .69880 MARSHA MAGILL 59881 DOUGIAS ANDREWS 59882 JAY BOHLEN ( '63 GERALD BOHN \. .84 LANCE BRACE 59885 SPENCER CONRAD 59886 GENE DAHLKE 59887 RICHARD DEATON 59888 LARRY DOIG 59889 PATRICIA ENFIELD 59890 GEORGE ESBENSEN 59891 KEITH FARNIOK 59892 CHARLES FERN 59893 DAVID GIU1ORE 59894 CHARLES GOBLE 59895 ROBERT GRANT 59896 RICK HAMMERSCHMIDT 59897 ALAN HANSON 59898 ROBERT HAUGEN 59899 JOHN HOBBS JR 59900 WALTER JAMES 59901 JAIMS GLENN JOHNSON 59902 MICHAEL JOHNSON 59903 SCOTT JOHNSON 59904 STEVE KOERING 59905 MICHAEL LADEN 59906 MARV LAHTI 59907 SANDRA LANDUCCI poQoa BRADLEY LARSON ii327987 484.78 150.00 663.15 126.65 93.67 10580.41 342.52 344.61 2572.00 11742.90 186.00 57559.45 6732.00 194.76 2014.04 32.00 16517.15 25.00 1060.00 30366.78 209.50 30121.30 16.00 134.00 34.00 54.00 43.00 1008.00 1566.00 1578.00 2294.00 3222.00 1194.00 2140.00 1910.00 1148.00 2280.00 2290.00 1862.00 770.00 1350.00 1350.00 1494.00 1044.00 1182.00 2160.00 612.00_ 1086.00 1052.00 1402.00 1438.00 1258.00 1164.00 888.00 138.00 GRAVEL-PARK MAINTENANCE ADVERTISING-LIQUOR STORES POSTAGE-UTILITY BILLING SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLL 5/18/90 PAYROLL 5/18/90 CHILD SUPPORT DEDUCTION PAYROLL 5/18/90 PAYROLL 5/18/90 ' SER CHILD SUPPORT DEDUCTION PAYROLL 5/18/90 PAYROLL 5/18/90 JUNE '90 HEALTH INSURANCE PREMIUM PAYROLL 5/18/90 PAYROLLS 5/4/90 & 5/18/90 PAYROLL 5/18/90 PAYROLL 5/18/90 JUNE '90 HEALTH INSURANCE PREMIUM REFUND-SPRINGBOARD DIVING CLASS REFUND-AFTERNOON ADVENTURE PROGRAM REFUND-SWIMMING LESSONS REFUND-ANNANDALE TOUR-ADULT PROGRAMS REFUND-LIFEGUARD TRAINING CLASS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRHCALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRHCALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS 136 JUNE 5.1990 59909 59910 59911 1,-q912 i913 59914 59915 59916 59917 59918 59919 59920 59921 59922 59923 59924 59925 59926 59927 59928 59929 59930 59931 59932 59933 59934 59935 59936 59937 '938 59940 59941 59942 59943 59944 59945 59946 59947 59948 59949 59950 59951 59952 59953 59954 59955 59956 59957 59958 REGAN MASSEE BRIAN MCGRAW JAMES MATSON GARY MEYER THOMAS MONTGOMERY JAMES KROZLA CURTIS OBERLANDER SOOTT OBERLANDER KATHLEEN O'CONNOR KEITH OLSON DONALD OVERBEY JAMES PELTIER TIMOTHY PELTIER MAUREEN PIRJEVEC GARY RADTKE JOHN RIEGERT WANDA RIEGERT JOHN ROCHFORD MICHAEL ROGERS TIM SATHER CHARLES SCHAITBERGER ROGER SCHMIDTKE THOMAS SCHMITZ LEE SCHNEIDER SCOTT SCHRAM JAMES SHAW TODD SKATRUD JOHN SKRANKA MARK sNrrrimo KIP SPRINGER JAMES SUNDBERG MICHELE SUNDBERG scorr TAYLOR MARC THIELMAN DOUG THIES TODD TCMCZIK RODNEY UTING MARK VANDENBERGHE PAUL WELCOME THOMAS WILSON ST CLOUD STATE UNIVERSITY EAGLE WINE CO GRIGGS COOPER & CO INC JOHNSON BROTHERS LIQUOR CO PAUSTIS & SONS CO ED PHILLIPS & SONS CO PRIOR WINE CO QUALITY WINE CO NORTHERN STATES POWER COMPANY UNITED ARTISTS MOVIE THEATRE FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRSCALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALLS FIRECALIS FIRECALLS FIRECALLS FIRECALLS CONFERENCE-SENIOR CENTER WINE LIQUOR LIQUOR WINE WINE WINE LIQUOR SERVICE -MOVIE THEATRE TRIP-NEIGHBORHOOD OUTREACH PROGRAM DEFENSIVE DRIVING INSTRUCTOR/FEES PAID FLYERS-ICE SHOW-COMMUNITY CENTER COMPUTER SOFTWARE-EQUIPMENT MAINTENANCE OFFICE SUPPLIES-CITY HALL/POLICE DEPT 1200.00 1008.00 1674.00 2120.00 2199.00 968.00 2964.00 1318.00 1788.00 1464.00 2266.00 2272.00 1902.00 168.00 1446.00 1968.00 1350.00 1158.00 1946.00 2382.00 2324.00 1850.00 1128.00 1238.00 1784.00 1530.00 2088.00 1722.00 892.00 1216.00 906.00 994.00 1540.00 1326.00 1594.00 2100.00 1018.00 2040.00 1566.00 1856.00 71.00 1466.01 3501.10 5130.82 163.25 2237.11 981.95 1392.68. 5373.27 35.00 168.00 134.06 149.00 809.39 59959 AARP 55 ALIVE MATURE DRIVING 59960 ABLE IDEAS 59961 ACCUDATA INC ( "1962 ACRO-MINNESOTA INC 8588564 138AC JUNE 5.1990 69963 AIRLIFT DOORS INC 59964 AIRSIGNAL INC '965 ALASKA AIR CONDITIONING INC ( J66 ALEXANDER BATTERY NORTH 59967 ROBERT ALDRICH 59968 AMERICAN HEART ASSOCIATION 59969 AMERICAN LINEN SUPPLY CO 59970 AMERICAN NATIONAL BANK & TRUST CO 59971 AMERICAN RED CROSS 59972 AMERIDATA 59973 EARL F ANDERSEN & ASSOC INC 59974 ANDERSON'S GARDEN 59975 ANDRUS AGENCY INC 59976 ARMOR SECURITY INC 59977 ASPEN RESEARCH CORPORATION 59978 ASSOC OF METRO MUNICIPALITIES 59979 ASTLEFDRD INTL INC 59980 B & S TOOLS 59981 PATRICIA BARKER 59982 BATTERY & TIRE WAREHOUSE INC 183 BECKER & ASSOCIATES INC BERRY COFFEE COMPANY 59985 BRUCE BETTENDORF 59986 BFI MEDICAL WASTE SYSTEMS 59987 BIFFS INC 59988 JAMES BITTNER 59989 BLACK & VEATCH 59990 BLACKS PHOTOGRAPHY 59991 BMB SERVICES 59992 LOIS BOETTCHER 59993 BRAUER & ASSOCIATES LTD 59994 BREDE INC 59995 G A BRODT CO INC 59996 BRYAN ROCK PRODUCTS INC 59997 NATHAN BUCK 59998 BUREAU Of CRIMINAL APPREHENSION 59999 C & N W TRANSP CO 60000 CARLSON & CARLSON ASSOC 60001 CEDAR COMPUTER CENTER 60002 CENTRAIRE INC "003 CHAPIN PUBLISHING COMPANY 9133460 DOOR REPAIR-POLICE BLDG/FIRE STATION 999.20 -MAY '90 PAGER SERVICE-POLICE DEFT/ 140.00 OOMMUNITY CENTER DEHUMIDIFIER REPAIR-COMMUNITY CENTER 220.00 BATTERIES-FIRE DEFT 131.75 -CANNON RIVER BIKE TRIP INSTRUCTOR/FEES 45.00 PAID PAMPHLETS-HUMAN RESOURCES DEPT 53.00 UNIFORMS-COMMUNITY CENTER 55.00 BOND PAYMENT 262.75 FIRST AID EQUIPMENT RENTAL-POOL LESSONS 45.00 -LASER JET PRINTER/CONNECTION-ENGINEERING 1643.89 DEPT SIGNS-STREET DEPT 846.84 EXPENSES-FIRE DEPT 25.50 SERVICE-CITY HALL SITE SELECTION 4924.50 SPINDLES/KEYS/DOOR CLOSERS-FACILITIES DEPT 216.60 SERVICE-FLYING CLOUD LANDFILL 66695.00 EXPENSES-CITY COUNCIL 40.00 RELAYS/MUFFLER-EQUIPMENT MAINTENANCE 89.03 -PLIERS/MAGNET BARS/HANDLE/SCREWDRIVER BIT/ 347.90 -METAL 130X/RATCHET WRENCHES/HAMMER/HOSES/ -SCREWDRIVERS/ADAPTOR KIT/TIRE IRON-STREET DEPT/EQUIPMENT MAINTENANCE EXPENSES-HUMAN RESOURCES DEPT 7.50 -SIGNALS/FLASHERS/JUNCTION BOXES/WIRE/ 821.40 -SPARK PLUGS/BATTERIES/WINDSHIELD WASHER -FLUID/HOSES/VACUUM TUBING/HEADLIGHTS- EQUIPMENT MAINTENANCE CLEANING SUPPLIES-COMMUNITY CENTER 30.56 SERVICE-CITY HALL 1050.00 SOFTBALL OFFICIAL/FEES PAID 325.50 SERVICE-ANIMAL CONTROL 22.50 WASTE DISPOSAL-PARK MAINTENANCE 1548.54 SOFTBALL OFFICIAL/FEES PAID 201.50 SERVICE-UPDATE OF 1986 WATER MASTER PLAN 7173.71 -FILM/FILM PROCESSING-WATER DEPT/POLICE 486.42 DEPT/OUTDOOR CENTER/PLANNING DEPT CASSETTE DECK REPAIR-COMMUNITY CENTER 89.00 -MINUTES-HISTORICAL & CULTURAL COMMISSION/ 146.37 PARK RECREATION & NATURAL RESOURCES COMM PRINTS-PARK PLANNING DEPT 10.00 CURTAIN RENTAL-ICE SHOW-COMMUNITY CENTER 220.00 RUDDER/TILLER ASSEMBLY-PARK MAINTENANCE 120.00 GRAVEL-PARK MAINTENANCE 294.73 VOLLEYBALL OFFICIAL/FEES PAID 252.00 COMPUTER MAINTENANCE-POLICE DEPT 800.00. SANITARY SEWER RENTAL-SEWER DEFT 180.00 -APRIL '90 EMPLOYEE ASSISTANCE-HUMAN 105.00 RESOURCES DEPT CARTRIDGE-PLANNING DEPT 130.65 -COMPRESSOR REPAIR/WATER HEATER REPAIR/ 631.86 -REPLACED BLOWER MOTOR-CITY HALL/POLICE BUILDING/FIRE STATION LEGAL ADS-STREET DEPT 106.40 .JUNE 5.1990 80004 CIMLINE INC i 'IQØ5 JAMES 0 ClARK 1k 06 CLEAN SWEEP INC 60007 CLUTCH & TRANSMISSION SEE INC 60008 CLUTCH & U-JOINT BURNSVILLS INC 60009 COMMERCIAL ASPHALT CO 60010 CONSTRUCIION MATERIALS INC -SEALING SHOE/S4AND/SWIVEL JOINT-EQUIPMENT MAINTENANCE MAY 90 EXPENSES-POLICE DEPT STREET SWEEPING-STREET MAINTENANCE -BRAKE LIGHT SWITCHES/CABLES-EQUIPMENT MAINTENANCE BEARINGS/CLUTCH PAD-EQUIPMENT MAiNTENANCE BLACETOP-STREET MAINTENANCE -SEALC)ATING-STREET MAINTENANCE/CURBING- PARK MAINTENANCE 759-79 200.00 7609.20 126.32 326.08 149.40 2832.00 60011 CONTACT )BILE COMMUNICATIONS INC RADIO REPAIR-POLICE DEPT 60.00 60012 CONTINENTAL SAFETY EQUIP INC FACE MASKS-SAFETY DEPT 142.90 60013 COPY EQUIPMENT INC -OFFICE SUPPLIES-ENGINEERING DEPT/PARK 491.99 PLANNING DEPT 60014 1ST QUARTER 90 SERVICE FOR BATIERED WOMEN 1500.00 60015 -1ST OF THREE PAYMENTS FOR VIDEO-FLYING 4252.05 CLDUD LANDFILL 60016 -FABRICS FOR ICE SHOW COSTUMES-COMMUNITY 34.00 CENTER 60017 BARBARA CROSS MILEAGE/EXPENSES-PARK PLANNING DEPT 178.15 60018 CURTIS INDUSTRIES INC -CLEANING SUPPLIES/LUBRICANTS-WATER DEVIl 600.48 EQUIPMENT MAINTENANCE 60019 HYDRAULIC PUMP PARTS-EQUIPMENT MAINTENANCE 109.00 60020 QUICKLIME-WATER DEPT 1677.77 60021 SOFTBALL OFFICIAL/FEES PAID 186.00 60022 -CLEANING SUPPLIES-WATER DEPT/STREET DEPT/ 375.14 FACILITIES DEPT 60023 -PRINTING-LABELS/FORMSIPERMITS/PHOTO-CITY 595.80 -HALL/FIRE DEPT/RECREATION SUPERVISOR/ ORGANIZED ATHLETICS 60024 DEALER AUToMOTIVE SERVICE INC -ROOF AIR CONDITIONING UNIT FOR SWEEPER- 852.00 EQUIPMENT MAINTENANCE 60025 DECISION RESOURCES LTD -SERVICE-EOWN PAYMENT FOR FLYING CWUD 7695.00 LANDFILL SURVEY 60026 SERVICE-PACKET DELIVERY 77.00 60027 SOFTBALL OFFICIAL/FEES PAID 62.00 60028 REFUND-OVERPAYMENT PARK DEDICATION FEE 256.00 60029 CHIDR1NE-WATER DEPT 1383.00 60030 EXPENSES-FIRE DEPT 75.36 60031 EXPENSES-POLICE DEPT 12.33 60032 EXPENSES-SENIOR PROGRAMS 73.64 60033 EXPENSES-COMMUNITY CENTER 77.33 60034 OIL-DUST CONTROL 9540.00 60035 FIlli/FIUI PROCESSING-POLICE DEPT 68.94 60036 APRIL 90 MAINTENANCE AGREEMENT-CITY HALL 772.88 60037 SUBSCRIPTION-ALtIINISTRATION 125.60. 60038 PEST CONTROL-FIRE STATIONS 121.50. 60039 EXPENSES-COUNCIIkIEMBER 28.00 60040 APRIL 90 WATER TESTS-WATER DEPT 148.00 60041 MINUTES-CITY COUNCIL/PLANNING COMMISSION 275.00 60042 -HIP BOOTS/SAFETY VESTS/JACKETS-WATER DEPT/ 163.70 STREET DEPT 60043 EPIC USA INC SERVICE-TELEPHONE SYSTEM CONSULTATION 1045.00 ,"'O44 GARY T FISHER MILEAGE-HUMAN RESOURCES DEPT 120.00 )45 FLAGSHIP ATHLETIC CLUB EXPENSES-CITY COUNCIL/ALtIINISTRATION 19.48 4521783 JUNE 5.1990 60046 FOCUS ONE HOUR PHOTO PRINTS-SAFETY DEPT 7.33 60047 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 903.56 60048 FOX VALLEY SYSTEMS INC PAINT-WATER DEPT 89.24 Ar 149 LYNDELL FREY MILEAGE-PROGRAM SUPERVISOR 4, 138.75 50 G & K SERVICES -COVERALLS/MOP HEADS-WATER DEPT/TOWELS- 528.29 PARK MAINTENANCE/LIQUOR STORK 60051 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 15047.25 60052 GETTING TO KNOW YOU ADVERTISING-LIQUOR STORES 165.00 60053 JAMIESON GIEFER SOFTBALL OFFICIAL/FEES PAID 239.50 60054 WILLIAM GILK REFUND-ESCROW FOR TREE REPLACEMENT 1 60055 JOSEPH GLEASON SOFTBALL OFFICIAL/FEES PAID 064.00 279.00 60056 CHARLES A GOBLE EMERGENCY TECHNICIAN BAGS-FIRE DEFT 295.00 60057 W W GOETSCH ASSOC INC -GASKETS/BEARINGS/RETAINING RINGS/SEALS/ 610.08 BEARING COLLARS-WATER DEPT 60058 GOPHER OIL COMPANY -LUBRICANTS/HYDRAULIC OIL/GREASE-WATER 821.25 DEFT 60059 GOPHER STATE ONE-CALL INC SERVICE 185.00 60080 GOVERNMENT TRAINING SERVICE SCHOOL-POLICE DEPT 385.00 60061 W W GRAINGER INC -POLARITY TESTER/PUMP/MOTOR PULLEY-SAFETY 63.98 DEPT/EQUIPMENT MAINT/PARK MAINT 80062 MARK GRANOWSKI SOFTBALL OFFICIAL/FEES PAID 127.50 60063 ALAN GRAY APRIL '90 EXPENSES-ENGINEERING DEPT 200.00 60064 GRINNELL CORPORATION FITTINGS/SCREWS/COUPLINGS-WATER DEPT 42.17 60065 GTE DIRECTORIES SERVICE CORP ADVERTISING-COMMUNITY CENTER 5.15 60066 GUNNAR ELECTRIC CO INC -FUSES/INSTALL SWITCH/REPLACE RECEPTACLE- 240.50 FACILITIES DEPT/COMMUNITY CENTER 60067 HALVERSON CANDY COMPANY EXPENSES-POOL LESSONS 158.00 60068 HANSEN THORP PELLINEN OLSON INC -SERVICE-HAMILTON RD/BLUFF RD/COUNTY RD 14758.30 -4 & PIONEER TRAIL WATER MAIN/CEDAR RIDGE -STORM SEWER/RIVERVIEW ROAD/WHITE TRAIL -CROSSING CUL-DE-SAC/BLUFFS EAST 7TH ADDITION 60069 RUDE HARGESHEIMER MINNESOTA TRAILS INSTRUCTOR/FEES PAID 25.00 60070 HASTINGS AUTOMOTIVE INC 1 TON CAB CHASSIS-STREET DEPT 15818.00 60071 HAZARD CONTROL INC SAFETY CONES-SIGNS DEFT 312.50 60072 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 158.00 60073 HENN CTY DEPT OF PROPERTY TAX POSTAGE-VOTER REGISTRATION VERIFICATIONS 70.50 60074 HENNEPIN COUNTY PUBLIC RECORDS FILING FEE-ENGINEERING DEPT 148.50 60075 HENNEPIN COUNTY TREASURER MARCH '90 BOARD OF PRISONERS-POLICE DEPT 4157.25 60076 HENNEPIN COUNTY TREASURER TRAFFIC TICKET FORMS-POLICE DEPT 1020.00 60077 D C HEY COMPANY INC -CASSETTE/MAINTENANCE AGREEMENT-BUILDING 208.44 INSPECTIONS DEFT/FIRE DEPT 60078 HODGE BADGE COMPANY INC AWARD RIBBONS-POOL LESSONS 149.31 60079 HOFFERS INC FIELD MARKING PAINT-PARK MAINTENANCE 464.00 60080 HOLMSTEN ICE RINKS INC -SUCTION VALVES/SPRINGS-ICE ARENA- 725.44 COMMUNITY CENTER 60081 HONEYWELL INC -1ST QUARTER '90 PLANT INSTRUMENTATION 3723.00 MAINTENANCE AGREEMENT-WATER DEPT 60082 NANCY HOVEY SOFTBALL OFFICIAL/FEES PAID 108.50 . 60083 THE HOWE COMPANY GRASS FERTILIZER-PARK MAINTENANCE 206.00 60084 HYDRAULIC SERVICES INC HYDRAULIC CYLINDER REPAIR-EQUIPMENT MAINT 239.52 60085 ICMA DUES-ADMINISTRATION 540.00 i 60086 INDEPENDENT SCHOOL DIST 0272 -EXPENSES-WELLNESS PROGRAM-HUMAN RESOURCES 713.00 -DEFT/ROOM RENTAL-ADULT PROGRAMS/ART & -MUSIC/HISTORICAL & CULTURAL COMMISSION/ ORGANIZED ATHLETICS 6514081 60087 60088 60089 60090 f1091 k )92 60093 60094 60095 60096 INDUSTRIAL LIGHTING SUPPLY INC INDUSTRIAL SUPPLY CO INC INSTY-PRINTS INTL OFFICE SYSTEMS INC INTERSTATE DIESEL PRODUCTS INC GARY ISAACS SAMUEL D JEPMA JIMMY JINGLE JM OFFICE PRODUCTS INC JOHNSON CONTROLS 60097 SCOTT JOHNSON 60098 CARL JULLIE 60099 JUSTUS LUMBER CO 60100 KAMAN INDUSTRIAL TECHNOLOGIES 60101 DAN N KANTAR 60102 SCOTT A KIPP 60103 BRAD KNUTSON 60104 KCCH INDUSTRIES INC 60105 KOKESH ATHLETIC SUPPLIES INC 60106 KRAEMER'S HOME CENTER FLUORESCENT LIGHTS-WATER DEPT PULLEYS-WATER DEPT PRINTIN FORMS-POLICE DEPT MAY '90 MAINTENANCE AGREEMENT-CITY HALL GENERATOR REPAIR-FACILITIES DEPT SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID FRUIT PUNCH/CUPS-POLICE DEPT OFFICE SUPPLIES-FIRE DEPT/WATER DEPT -MAIN BOILER REPAIR/RELAY REPLACED- COMMUNITY CENTER -LUMBER FOR BOTTLE RACKS ON TRUCKS-FIRE DEPT EXPENSES/DUES-ADMINISTRATION -SCREWS/STUDS/TREATED TIMBER/SANDPAPER/ -WASHERS/SHELF SUPPORTS/ROLLER CATCH/OAK VENEER-WATER DEPT/PARK MAINTENANCE -BEARINGS/OIL SEALS/OIL SEAL SLEEVES/ -GASKETS/DRIVER GEAR FOR LIME SLA10ERS- WATER DEPT -DRILL/PUNCH & CHISEL SET-WATER DEPT/ TORQUE WRENCH SET/AIR GUN-EQUIPMENT MAINT MILEAGE-PLANNING DEFT SOFTBALL OFFICIAL/FEES PAID CHEMICALS-WATER DEPT BASES/STAKES/HOME PLATES-PARK MAINTENANCE -CAULKING/PAINT BRUSHES/RUST REMOVER/PAINT,/ -PICTURE FRAMES/KKYS/BUCKLES/HOOKS/STRAPS/ -TOOL BOXES/SCREWDRIVER PULLEYS/CLAMPS/ -NUTS & BOLTS/WASHERS/CONDUIT/SHELF -BRACKETS/SHELVES/NOZZLES/VALVES/CHAIN- -WATER DEPT/FIRE DEPT/POLICE DEPT/ EQUIPMENT MAINTENANCE RADAR REPAIR-POLICE DEFT -SAFETY MANUALS/LAB SUPPLIES/COVERALLS! CABINETS-WATER DEPT/POLICE DEPT -MAY '90 EXPENSES/DUES-PARK & RECREATION DEPT -REPLACED HOSES/PINS/SEALS/VALVES/SEAT/ -HYDRAULIC SWIVEL/MOUNTING BRACKET/CONTROL VALVE FITTINGS ON LOADER-FORESTRY DEPT TREES-FORESTRY DEPT APRIL '90 SERVICE-FLYING CLOUD LANDFILL MATS-LIQUOR STORE APRIL '90 SERVICE-FLYING CLOUD LANDFILL SOFTBALL OFFICIAL/FEES PAID APRIL '90 SERVICE ART KU-HUMAN RESOURCES DEPT APRIL '90 WASTE DISPOSAL-STREET MAINT PLYWOOD/CEDAR-SEVER DEPT/POLICE DEPT -GUTTER BROOM/SPROCKET/DRIVE CHAIN/COVER- EQUIPMENT MAINTENANCE STRESS TESTS-HUMAN RESOURCES DEPT -TYPESETTING FLYERS-TEEN WORK PROGRAM/ CUMMINS GRILL WORK DAY 60107 KUSTOM ELECTRONICS INC 60108 LAB SAFETY SUPPLY 60109 ROBERT LAMBERT 60110 LANDCO HANSEN 60111 LANDSCAPE PRODUCTS CENTER 60112 LANG PAULY & GREGERSON LTD 60113 LEEF BROS INC 60114 L LEEMAN & ASSOCIATES INC 60115 JAMES LININGER 60116 LOGIS 60117 LOGOS PRODUCTIONS INC 60118 LOUISVILLE LANDFILL INC 60119 LYMAN LUMBER CO 60120 MCQUEEN EQUIPMENT INC 60121 MARTIN-MCALLISTER 60122 MBA DESKTOP PUBLISHING PLUS 136.29 77.10 157.20 158.34 224.78 843.00 124.00 179.70 218.97 799.03 75.53 229.28 851.83 2185.79 290.30 6.30 263.50 424.00 2366.95 340.31 107.48 803.38 340.50 3168.37 770.00 17227.64 27.20 9834.54 186.00 8656.48 13.55 . 136.92. 474.52 677.91 225.00 162.15 76384 1332G gOi STEEL PLATE & ANGLES-EQUIFMENT MAINTENANCE 221.71 OXYGEN-FIRE DEPT 36.00 ARTIFICIAL GRASS-GOLF LESSONS 29.13 -MASONRY BIT/OIL/NUTS & BOLTS/DRILL/DUST 89.61 -PAN/PLEXIGLASS-PARK MAINTENANCE/COMMUNITY CENTER -APRIL & MAY '90 SERVICE-MUNICIPAL 7365.00 LEGISLATIVE COMMISSION COMPUTER SOFTWARE-ENGINEERING DEFT 485.00 ENVELOPES-POLICE DEPT 193.00 JUNE '90 SEWER SERVICE CHARGES 161364.88 APRIL '90 SAC CHARGES 32670.00 BLACKTOP-STREET MAINTENANCE 72.16 -MAY '90 PAGER SERVICE-SEWER DEPT/WATER 315.31 DEFT/FIRE DEPT/POLICE DEPT/STREET DEPT BIRD WATCHING INSTRUCTOR/FEES PAID 50.00 SERVICE-FLYING CLOUD LANDFILL 4287.50 -ADVERTISING-LIQUOR STORES/SOLID WASTE 1949.00 MANAGEMENT BOOK-NEIGHBORHOOD OUTREACH PROGRAM 28.00 APRIL '90 BUILDING SURCHARGE 3377.99 WHELEN RESPONDERS-WATER DEPT/STREET DEFT 333.75 DUES-SENIOR CENTER/COMMUNITY CENTER 250.00 EMPLOYMENT ADS-HUMAN RESOURCES DEFT 1087.43 ICE SKATING INSTRUCTOR/FEES PAID 1868.00 STANDS-SENIOR CENTER 59.50 -SELF PROPELLED ATHLETIC FIELD LINER-PARK 2300.00 MAINTENANCE -GAS CYLINDERS/SAFETY VALVE/THERMOCOUPLER- 335.84 EQUIPMENT MAINTENANCE EXPENSES-FINANCE DEPT 87.00 -CREATIVE CRAFTS INSTRUCTOR-CEDAR RIDGE 72.00 PROGRAM/FEES PAID CEMENT-PARK MAINTENANCE 67.50 -TYPEWRITER REPAIRS-FINANCE DEPT/ASSESSING 170.00 DEPT CHAIN CABLE/CLIP/THIMBLE-PARK MAINTENANCE 197.56 EXPENSES-AWARDS BANQUET-CITY COUNCIL 2486.62 SCHOOL-BUILDING INSPECTIONS DEFT 137.25 -STRESS TESTS-HUMAN RESOURCES DEPT/FIRE 186.00 DEFT SERVICE-FINANCE DEFT 470.40 MILEAGE-COMMUNITY CENTER 19.50 CHAIR-SENIOR CENTER 251.50 AWARD PLAQUES-CITY COUNCIL 436.92 VALVES FOR SLUDGE PLUG-WATER DEPT 432.43 -PLAGUES/TROPHIES-SPECIAL TRIPS/EVENTS/ 642.15 ORGANIZED ATHLETICS TIRE RIMS-EQUIPMENT MAINTENANCE 899.10 -PRINTING-COMMISSION DIRECTORIES/SENIOR 593.20 NEWSLETTER TELEPHONE SERVICE-FACILITIES DEFT 320.00 -EMPLOYEE EVALUATION MATERIAL-HUMAN 687.50 RESOURCES DEPT 60123 MCNEILUS STEEL INC 60124 MEDICAL OXYGEN & EQUIP CO 60125 MENARDS 60126 MERLINS HARDWARE HANK 427 MESSERLI & KRAMER 60128 METAFILE INFORMATION SYSTEMS INC 60129 METRO PRINTING INC 60130 METROPOLITAN WASTE CONTROL COMMIS 60131 METROPOLITAN WASTE CONTROL COMMIS 60132 HILLIEST ASPHALT CORP 60133 MINNCOMM PAGING 60134 MN INTERPRETIVE LRNG PROGRAM 60135 MINNESOTA MEDICAL FOUNDATION 60136 MN SUBURBAN PUBLICATIONS 60137 MINNESOTA STATE HORTICULTURAL SOC 60138 MINNESOTA STATE TREASURER 60139 MUNICILITE CO 60140 NATL RECREATION & PARK ASSN 60141 NATIONWIDE ADVERTISING SERVICE IN 60142 BETH NILSSON 60143 NORTH STAR SOUND INC 60144 NORTH STAR TURF INC 60145 NORTHWOOD GAS CO A0146 NORWEST INVESTMENT SERVICES INC ( 147 JANE OBRIEN 60148 CCHS BRICK & TILE CO 60149 OFFICE PRODUCTS OF MN INC 60150 OLSEN CHAIN & CABLE CO INC 60151 OLYMPIC HILLS GOLF CLUB 60152 DAN OTTEN 60153 PARK NICOLLET MEDICAL CENTER 60154 PERSONNEL POOL 60155 CONNIE L PETERS 60156 THE PINK COMPANIES 60157 PLAQUES PLUS INC 60158 PLANT EQUIPMENT INC 60159 POMMER COMPANY INC 60160 POWER BRAKE EQUIPMENT CO 60161 PRAIRIE OFFSET PRINTING 60162 PSQ BUSINESS COMMUNICATIONS INC 60163 PROFILE EVALUATIONS INC 22692544 JUNE 5.1990 60164 PUMP & METERS SERVICE INC PISTON LEAK DETECTOR-EQUIPMENT MAINTENANCE 339.00 60165 R& R SPECIALTIES INC -ZAMBONI BLADES SHARPENED-ICE ARENA- COMMUNITY CENTER r A6 RADIO SHACK -WALKIE TALKIE/BATTERIES-WATER DEPT/WALL 236.08 55.20 PHONE PLATES/ADAPTOR-POLICE DEPT 60167 RAINBOW FOODS -EXPENSES-CITY COUNCIL/HUMAN RESOURCES 106.38 DEPT/OUTDOOR CENTER 60168 RECREONICS CORP\ WIPER BLADES-COMMUNITY CENTER 9.33 60169 KATHY REGAN YMCA TRIP-NEIGHBORHOOD OUTREACH PROGRAM 11.04 60170 RIDGE DOOR SALES & SERV INC -NUTS & BOLTS FOR DOOR REPAIR-FACILITIES 42.60 DEPT 60171 RIEKE -CARROLL-MULLER ASSOC INC SERVICE-WASTEWATER FLOW STUDY 1760.74 60172 ROGER'S SERVICE ALTERNATOR REPAIRS-EQUIPMENT MAINTENANCE 100.76 60173 ROLLINS OIL CO GASOLINE-EQUIPMENT MAINTENANCE 9103.50 60174 ROSEWAY ENTERPRISES -SERVICE-FLOWER BEDS-CUMMINS GRILL 125.00 HOMESTEAD 60175 S&S ARTS & CRAFTS -KITES/KITE STRING-NEIGHBORHOOD OUTREACH 83.30 PROGRAM 60176 SANCO INC -CLEANING SUPPLIES-FACILITIES DEFT/ COMMUNITY CENTER 114.00 60177 KEVIN SCHMIEG -APRIL '90 EXPENSES-BUILDING INSPECTIONS 200.00 DEPT 60178 SEARS -FILE BRUSHES/FILES/CRIMPER KITS/CONNECTOR 84.99 KITS-FIRE DEPT 60179 SIGN-TIFIC STREET SIGNS-SIGN DEPT 65.60 60180 SIGNATURE CONCEPTS INC SWEATSHIRTS/T-SHIRTS-FIRE DEFT 722.00 60181 STEVEN R SINELL MAY '90 EXPENSES-ASSESSING DEPT 237.50 $n182 SNAP CV TOOLS CORP -WRENCH/SCREWDRIVERS/DRILL BIT/MATT- ( 54.35 EQUIPMENT MAINTENANCE ov183 EDWARD SOLSTAD MINNESOTA TRAILS INSTRUCTOR/FEES PAID 25.00 60184 SOUTHDALE YMCA -1ST QUARTER '90-YMCA YOUTH OUTREACH 2770.00 PROGRAM 60185 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/HAPPENINGS- 4949.17 -CMOMUNITY CENTER/ADVERTISING-SOLID WASTE MANAGEMENT 60186 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-PARK MAINTENANCE/WATER DEFT 394.80 60187 STANLEY STEEMER CARPET CLEANING CARPET CLEANING-LIQUOR STORE 348.95 60188 STARS RESTAURANT EXPENSES-FLYING CLOUD LANDFILL 233.87 60189 STAT-MEDICAL INC 1ST AID RESCUE EQUIPMENT-FIRE DEPT 198.25 60190 STATE SUPPLY COMPANY -PUMP/AIR HOSE/TEFLON TAPE/WRENCH-WATER 67.45 DEPT 60191 STENDAL PRODUCTS INC ANIMAL TRAPS-ANIMAL CONTROL 90.00 60192 ANNE STIGMAN VOLLEYBALL OFFICIAL/FEES PAID 72.00 60193 STOREFRONT YOUTH ACTION -1ST QUARTER '90 YOUTH COUNSELING SERVICE- 2500.00 HUMAN SERVICES DEFT 60194 smaR ROSCOE FAUSCH INC -SERVICE-DELL ROAD/SCENIC HEIGHTS RD STUDY/ 25167.06. -HIGHWAY 5 FRONTAGE ROAD/PRAIRIE VIEW CENTER TRAFFIC STUDY 60195 NATALIE SWAGGERT MAY '90 EXPENSES-HUMAN RESOURCES DEPT 200.00 60196 DMA INC MAINTENANCE AGREEMENT-COMMUNITY CENTER 60197 SYSTEM CONTROL SERVICES 230.00 -SERVICE-UPDATE EXISTING 1974 WELL CONTROL 2650.00 PANEL EQUIPMENT-WATER DEPT 60198 TARGET STORES -BATTERIES/CAMERA/FILING CABINET/FOOTBALLS/ 231.61 ( -BOTTLES/MAGIC MARKERS/RULERS/CANDY/ -BALLOONS-CITY HALL/ENGINEERING DEPT/ NEIGHBORHOOD OUTREACH PROGRAM 5357953 60212 VIDEO UPDATE 60213 VILLAGE HOME ENTERTAINMENT CENTER 60214 VOHNOUTKA ROOFING & SHEET METAL 60215 VOSS ELECTRIC SUPPLY COMPANY 60216 STEWART D WALKER INC 60217 KEITH WALL 60216 WATER PRODUCTS CO SWEEPER BRUSHES-PARK MAINTENANCE 750.60 SAFETY VALVE-EQUIPMENT MAINTENANCE 82.95 -25 PICNIC TABLES-$4200.00/16 PARK BENCHES/ 5884.00 41216.00/3 GRILLS-$228.00/1 SHELTER GRILL- $240.00-PARK MAINTENANCE SOFTBALL OFFICIAL/FEES PAID 139.50 -OXYGEN/ACETYLENE/SPOOL OF WIRE-EQUIPMENT 103.45 MAINTENANCE SERVICE-GRAFFITI BRIDGE 1217.00 RENTAL EQUIPMENT-ICE SHOW-COMMUNITY CENTER 675.00 -BRASS FITTINGS/COUPLINGS/BUSHINGS/CABLES/ 995.64 -PIPE REDUCERS/WIRE/CONNECTORS-EQUIFMENT MAINTENANCE -REUPHOLSTER BENCH CUSHIONS/SEATS/CARPET- 460.29 POLICE DEPT LAMPS-EQUIPMENT MAINTENANCE 24.50 FLAG/FLAG REPAIR-FACILITIES DEPT 79.78 CANINE SUPPLIES-POLICE DEPT 64.82 -MAY '90 WIRE MAINTENANCE AGREEMENT- 157.62 IMMUNITY CENTER VIDEO TAPES-FIRE DEPT 14.97 R TV PROJECTION UNIT-FIRE DEPT 2990.00 C ROOF REPAIR-PUBLIC WORKS BUILDING 400.00 FLUORESCENT LIGHTS-FACILITIES DEPT 1387.50 SOAP VALVES-WATER DEPT 130.62 MAY '90 EXPENSES-POLICE DEPT 218.00 -BOLTS/WASHERS/GASKETS/VALVES/FITTINGS/ 17082.48 -216 5/8X3/4 100 GAL METERS-$10562.40/ -216 COPPERHORNS-$2629.60/2 3" 1000 GAL -METERS-$3360.00/MASONRY SAWBLADES-WATER DEPT/STREET DEPT CABLE/RATCHET & COVER-COMMUNITY CENTER SOFTBALL OFFICIAL/FEES PAID APRIL '90 SERVICE-FLYING CLOUD LANDFILL MILEAGE-SENIOR CENTER GEAR-WATER DEPT MINUTES-CITY COUNCIL SCHOOL-COMMUNITY CENTER ENVELOPES-CITY HALL 1ST AID SUPPLIES-STREET DEPT RUST PROTECTION-EQUIPMENT MAINTENANCE 60199 TENNANT COMPANY 60200 TEXGAS 60201 R J THOMAS MFG CO INC L,202 E JOHN TROMBLEY 60203 TWIN CITY OXYGEN CO 60204 TWIN CITY TESTING 60205 URBAN COMMUNICATIONS 60206 UNLIMITED SUPPLIES INC 60207 THE UPHOLSTERY SHOP 60208 VAN 0 LITE INC 60209 VAUGHN DISPLAY 60210 VETERINARY TEACHING HOSPITALS 60211 VICOM INC us/219 WATERITE INC 60220 PAUL WELIN 60221 WENCK ASSOCIATES INC 60222 SANDRA F WERTS 60223 WESTINGHOUSE ELECTRIC SUPPLY CO 60224 ROBERTA WICK 60225 WENDY WILDFEUER 60226 WINSLOW PRINTING CO INC 60227 ZEE MEDICAL SERVICE 60228 ZIEBART OF MINNESOTA INC 59049 VOID OUT CHECK 59448 VOID OUT CHECK 59629 VOID OUT CHECK 59642 VOID OUT CHECK 59721 VOID OUT CHECK 4332182 199.35 124.00 10027.23 77.10 67.01 150.00 94.00 998.70 36.95 220.00 49.60 - 15.00 - 1035.19 - 344.00 - 57.45 - $1269183.14- DISTRIBUTION BY FUNDS 10 GENERAL' 11 CERTIFICATE OF INDEBT 12 CERTIFICATE DEBT FD 15 LIQUOR STORE-P V II 17 LIQUOR STORE-PRESERVE 30 CASH PARK FEES 33 UTILITY BOND FUND 51 IMPROVEMENT CONST FD 55 IMPROVEMENT DEBT FUND ARB 73 WATER FUND 77 SEWER FUND 79 RALF 81 TRUST & ESCROW FUND 86 PARK PROG-CONTRIBUTIONS 88 MUNICIPAL LEGISLATIVE $1269183.14 746266.35 18892.99 262.75 96140.05 71795 .01 256.00 9131.92 38428.51 12219.57 50195.62 195568.50 18631.85 3580.38 450.64 7365.00 03* MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Parks, Recreation and Natural ResourcesinA/ DATE: June 1, 1990 SUBJECT: Adult Usage of the High School Baseball Field Attached to this memo is a letter from Patrick L. Thompson, Manager and founder of the Eden Prairie Senior Baseball team, as well as a memo from Laurie Melling, Manager of Recreation Services, regarding the request for adult use of the high school baseball field. Also, attached is a summary of the discussion that was held at the May 14, 1990 scheduled Parks, Recreation and Natural Resources Commission meeting. Due to the lack of a quorum, the meeting was not held; however, the three commission members that were present did discuss this issue with the concerned citizens that were in attendance. This item was continued to the June 4th Parks, Recreation and Natural Resources Commission meeting, and due to the timing of scheduled ball games it is also included on the June 5th City Council meeting for a final decision. After a length discussion with the neighbors, it is apparent that the major concern is with the number of foul balls that end up on private property. Neighbors are irritated by the ball players climbing the fence to retrieve these balls and are extremely concerned about the danger of these balls hitting a child in the head. Neighbors also seem to be very concerned about the lack of privacy in their backyards due to the high amount of usage of the ballfield. The final concern is the noise that is associated with the adjacent ballfields. There was also some concern regarding the number of soccer balls that end up across the street on private property. City staff do not believe the answer to these concerns is to reduce the number of games on these fields. As long as one game is played on the baseball field, there is potential for a problem with a foul ball hitting an unsuspected person. City staff believe the first priority should be to eliminate the foul balls from the baseball field and the soccer balls that are kicked over the fence beyond both soccer fields. In order to alleviate these concerns, staff would recommend extending the height of the fence behind the soccer goals to 12' high, with a net, for a distance of approximately 30', and to provide extensive tree planting of a columnar variety of tree in that same location. In order to eliminate the foul ball problem, City staff would recommend the installation of two 50' poles at the edge of the lower portion of the backstop immediately adjacent to the dugouts, and extending a cable between these two 50' poles, as well as a cable between each 50 , pole and the corner of the high portion of the existing backstop, which is approximately 35' high directly behind the plate. A black nylon net could then be attached to this cable extending from the top of the existing 35' backstop to a height of 50' directly over the top of the home plate. This would assure the elimination of any foul balls reaching the private property. The estimated cost of this solution would probably be between $5,000 and $10,000, but it is a relatively small cost in order to make the field usable and the neighbors backyards safe. The negative side of this recommendation is that this would change the rules of the baseball game on this field in that foul balls that would ordinarily comedown between home plate and the backstop would now be out of play, if they had touched the netting. For this reason, the School District may wish to try other alternatives to eliminate or reduce the problem prior to arriving at this solution. Other alternatives would be to extend the height of the backstop through extended poles and netting and extending the height of the backstop through fence or netting to 20 or more feet, down the first base line and third base line of the existing backstop. This action would probably stop an additional 50-75% more of the existing foul balls, but would not stop all foul balls. A compromise that might alleviate the majority of the foul balls and be acceptable to the baseball players might be the overhead netting solution approximately half way between home plate and the existig backstop. The second priority concern relates to privacy and the visual intrusion into the backyards of the adjacent neighborhood. This can be resolved by planting a hedge that would grow to 6-8' immediately adjacent to the fence and planting a row of columnar type trees in front of the hedge. The hedge and trees would serve to screen activities occurring on both sides of the fence and would help in a small way to reduce some of the noise. Quite frankly, the noise on adjacent fields is the one intrusion that cannot be eliminated. The School District is already in the process of planting trees behind the backstop and the soccer fields. Obviously, these facilities are on school property and the City can only recommend design solutions to these problems. The City donated $50,000 to the School District for assistance in construction of these facilities anticipating maximum use of these facilities by City programs when they are not being scheduled for school use; therefore, the City may wish to offer to assist in the cost of design solutions to insure that these facilities can continue to be used without a negative impact on the adjacent neighborhood. The original question that initiated this discussion resulted in a request from the adult baseball team to schedule games on this facility. The City Council had agreed to restricting scheduled use of these facilities to youth in 1986 due to the concerns of adjacent neighborhoods regarding increased traffic, foul language, use of alcohol, and foul balls from the baseball field. The neighborhood has had problems with foul balls and increased traffic from the existing users that are mainly youth teams (the adult baseball team scheduled four games in 1989 without City approval). The adult baseball team plays in a league that typically uses the baseball field in their home communities, and are requesting the right to use this field. The adjacent neighbors suggest that all other baseball fields in town be used 7 days a week before any games are scheduled on this field. The baseball team does not believe that it makes sense to restrict the best field in town to the least amount of use, and suggests that they should have at least some access to this field. They would like to schedule eight games on that field this year. City staff would recommend approving the Baseball Team request and authorizing staff to meet with School District representatives to develop a satisfactory design solution to eliminating the majority of the foul balls from the baseball field. BL:mdd MS. MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Eden Prairie Parks; Recreation,& Natural Resources Commission and Eden Prairie City Council Bob Lambert, Director of Parks, Recreation & Natural Resources Laurie Helling, Manager of Recreation Services May 16, 1990 Adult Usage of the High School. Baseball Field On April 19 I attended a meeting at the high school, regarding the scheduling of the new high school baseball field. The following people were in .attendance: Steve Schultz; Director of Student Activities, Ray Mitchell; Director of School Facilities and Don Hedlund; North Hillcrest Court Representative. Mr. Hedlund presented a copy of City Council Minutes dated April 15, 1986 in which the following motion was made: MOTION: Bentley moved, seconded by Redpath, (1) to approve the request to contribute $50,000 from cash park fees for the proposed development of the athletic fields; (2) that, in regard to the city activities (not the school activities) on the fields. the Council direct staff to limit all adult usage to the southern fields and to limit all use to the southern fields to the maximum extent possible; and (3) request staff to report back in one year with the status of usage and problems with the fields. Roll call vote "aye". Pidcock voted "no". Motion carried. The North Hillcrest Court neighborhood would like to see adult usage on the new baseball field restricted for the following reasons/concerns: 1) increased number of foul balls hit into the neighboring yards 2) consumption of alcohol in a prohibited area 3) profanity, noise and traffic problems Patrick Thompson, Manager and Founder of the Eden Prairie Senior Baseball Team is seeking use of an adequate regulation baseball field, and would like to be able to schedule their home games an the new baseball field whenever available. During the summer, the City reserves and schedules all approved school district fields throughout the community, which includes the new high school baseball field. The Eden Prairie School District does approve of adult usage on the new baseball field, and would support the removal of the restriction on adult usage. iWp May 11, 1990 Ms. Laurie Belling Recreation Director City of Eden Prairie Eden Prairie Commnity Center 16700 Valley View Rd. Eden Prairie, MN 55346 Dear Ms. Belling: The Eden Prairie Senior Men's Baseball Team, officially affiliated with the Minnesota Senior Men's Baseball Association, is beginning its fifth season of sanctioned play. We are seeking use of an adequate regulation baseball field, as provided other teams in our Association for players aged 35 and over. Bloomington, for example, provides fields and dates for three senior teams. Edina was given home dates at Braemar Park. Minnetonka gladly makes its baseball complex available to senior teams. We play games in Greater Minnesota and those teams are treated the equal of their State Amateur teams. In our previous four seasons, we have played our home games as fields became available so that we would not conflict with youth baseball. The first game in our history, as a matter of fact, was scheduled with permission from the city at the Community Center field and then canceled without notice because someone forgot the helicopter landing area in right field during Schooner Days. Again this season, we waited until the youth teams scheduled their practices and games to apply for use of Eden Prairie fields. We have represented the City well in our first four seasons. Each year, we have advanced to the State tournament. In 1987, we won the state championship. Fourteen of our players and their families reside in Eden Prairie. For many years, many of us have been active in Eden Prairie civic, school and youth athletic activities -- as participants, players, coaches, board members and as taxpayers. 1990 SENIOR MEN'S 8CHEDULK 111IX 19--Saturday, 3 p.a., at Edina, Braemar. 20--Sunday, 6 p.m., at Bloomington Westwood (90th and Nicollet) MEMORIAL DAY BREAK •JUN/ 1--Friday, at Union Hill, 6:30 p.m. 3--Sunday, 1 p.m., Bloom. Eagles at Eden Prairie 10--Sunday, 1 p.m., Montgomery, at Eden Prairie. 13--Wednesday, 8 p.m., at Jordan. • 17--FATHER'S DAY 22--Friday, 6 p.m., at Bloomington Eagles, (90th-Nicollet) 24--Sunday, Shakopee, 1 p.m. at Eden Prairie • 29--Friday, Bloomington A's, 6 p.m., at Eden Prairie 8--Sunday, 1 p.m., Belle Plain at Eden Prairie. 13--Friday, 6 p.m., at Bloomington A's (90th-Nicollet) 18--Sunday, 1 p.m., Jordan, at Eden Prairie. 18--Friday, 8 p.m., at Montgomery. 22--Sunday, 1 p.m., Union Hill at Eden Prairie 29--Sunday, 1 p.m., Westwood, at Eden Prairie • AUGUST 3--Friday, 7:30 p.m., at Belle Plain. 11 --Saturday, 6 p.m., at St. Paul Saints, Cretin Field (State Tournament weekends of August 17 & August 241 /3g City Council Minutes -14- April 15, 1986 Redpath asked if Mr: Pollock was aware of the at h l e t i c field development when he purchased his home. M r . P o l l o c k said he was aware the School District planned to d e v e l o p it. Mr. John Pollock, 16460 No. Hillcrest Ct., noted his concern about the proposed development causing n o i s e and traffic problems like those at Round Lake. H e a l s o was concerned about the more intense use as a ci t y f a c i l - ity and the potential use of alcoholic beverages o n t h e fields. Anderson noted that the use of alcoholic beverag e s i s prohibited on school property. A discussion of t h e a g e groups that would be using the facilities and co n t r o l of the use of alcoholic beverages on the facilit i e s • followed. Anderson said that he believed the Co u n c i l should not put restrictions on the School's prope r t y . Pidcock stated that she is opposed to building al l a t h - letic fields rather than other recreation facilit i e s . Further discussion of the fence and gate question e n s u e d . Peterson requested that Mr. Fjare pursue the fenc e i s s u e with the School District. MOTION: Bentley moved, seconded by Redpath, (1) t o approve the request to contribute $50,000 from c a s h p a r k fees for the proposed development of the athletic f i e l d s ; (2) that, in regard to the city activities (not t h e s c h o o l activities) on theifields, the Council direct sta f f t o limit all adult usage to the southern fields and t o l i m i t all use to the southern fields to the maximum ex t e n t possible; and (3) request staff to report back in o n e year with the status of usage and problems with t h e f i e l d s . Roll call vote: Anderson, Bentley, Redpath and P e t e r s o n voted "aye". Pidcock voted "no". Motion carried . VII. REPORTS OF ADVISORY COMMISSIONS There were none. VIII. REPORTS OF OFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Update on Proposed Housing Code City Manager Jullie noted that this proposal had b e e n reviewed by the Human Rights & Services Commissio n 13S.9 Unapproved Minutes -PRNRC - May 21, 1990 Baseball Team - Laurie Hellingsumnarized the background information regarding the 1986 City Council commitment to restrict the use of the facilities on the school property. The majority of the reasons for the neighborhood requesting those restrictions was due to noise and concern about profanity and alcohol abuse immediately adjacent to their homes. The school district has no restrictions on the use of those fields and the City schedules those fields during the summer as the City contributed $50,000 toward the construction of those four soccer fields and the baseball field located at the northeast corner of the school site north of Round Lake Park. Roger Swigart, 13184 Cardinal Creek Road, represented the baseball team and indicated that he has played with the team since its inception four years ago. He indicated that the high school team has players that are bigger and quicker than most of the players on the senior men's team, which requires players to be 35 years or older and suggested that the foul ball problem would not be as significant with the senior team as it is with the younger age group users. He also indicated that the senior men's team is willing to use the baseball field under any conditions the City suggests and reminded the commission that other City teams such as the American Legion and the Babe Ruth teams use this facility, and to not allow the senior men's team to use it would be discriminating against them on the basis of age. Don Hedlund, 16441 North Hillcrest Court, indicated that he went through the planning process at the School District, the Planning Commission, the Parks, Recreation and Natural Resources Commission, and the City Council when these fields were planned in 1986 and indicated his concern based on the proximity of the ballfield. He suggested at that time that the ballfield was too close to the neighborhood property and was concerned about foul balls, noise, and increased traffic to the neighborhood. The City committed at that time to restrict use to youth teams and requests the City maintain that policy. Mr. Hedlund also indicated there was a senior soccer league playing on the soccer fields last fall and there were many problems with balls going over the fence and players climbing over the fence to retrieve their balls. He also indicated that the senior baseball team caused more foul balls last than other players. 3 1.3 q0 Unapproved Minutes -PRNRC - May 21, 1990 Ed Steinbrook, 16670 North Hillcrest Court, lives directly behind the ballfield. He indicated there are too many people "back there using the field every night". Last year there was lots of trash behind the backstop until toward the end of the year when trash cans were provided. He sees no reason why the neighbor- hood should have to put up with people using that facility every night of the week and indicated that it gets "pretty sickening" after a while with all of the noise and increased traffic. Mr. Steinbrook indicated that last Sunday between 1 and 4 p.m. there was a baseball game going on and a baseball landed right next to the slide, within 2' of his two year old child. He also is upset with people constantly • jumping the fence to retrieve their balls and does not like arguing with people that are walking through his flower beds and demanding their ball back. John Pollack, 16460 No. Hillcrest Court, indicated that when they purchased their home, they knew they were purchasing next to school property and expected it to have school use, not City use of the property. There has been several confrontations between ball players and neighbors when ballplayers are retrieving either soccer balls or baseballs. He opposes City use of those facilities. John Pollack III also residing at 16460 North Hillcrest Court referred to a problem of two weeks ago with a golfer hitting golf balls from the soccer fields into private property. In his opinion, the non regulated use of these soccer fields and baseball field are just as bad as the regulated use and doesn't believe the City is able to control the use of these facilities for non scheduled pickup games. Laurie Helling indicated that the baseball field is completely fenced and people have to get a key from the City or the school to play on that facility. This facility did not have that type of control last year, but all games or practices on the baseball field are controlled by either the City or the School District, unless people are climbing the fence to play ball. David Kuechenmeister asked if there were any reasonable modifications that can be made to the facility to eliminate the problem with foul balls. 4 i3Lt Unapproved Minutes -PRNRC -May 21, 1990 Steve Schultz stated that the school is trying to squeeze the maximum amount of facilities on their property, as well as trying to be a good neighbor. He indicated that the backstop at the baseball field is one of the highest around and although the school entertained the idea of a netting 60' in the air, the neighbors were not supportive of that idea. He indicated that the School District purposely did not put a gate in the fence so that people would not be encouraged to go into the neighborhood to retrieve balls. The City faces the continued increased number of users trying to use a limited number of facilities and suggested that this problem will only increase rather than decrease until additional facilities are provided. Roger Swigartofthe senior baseball team indicated that the senior team only used the baseball field 3 or 4 times in 1989 and has not used the field this year; therefore, it is doubtful that they have caused the problems referred to by the neighborhood. He feels that it is inappropriate to discriminate against a group of users who are not responsible for the problems the neighborhood is complaining about. He also indicated that the baseball team has tentatively only scheduled 8 games in 1990 on that field and does not feel that 8 additional games is going to make a major difference with the neighborhood. He also stated that the senior men's team would not have confrontations with neighbors, nor would they climb the fence and trespass on private property to retrieve any foul balls that might occur during the game. Hedlund indicated that soccer field #4 may be "out of use" for 1990, but is still used three, four, or five times per week by unscheduled teams and pickup games. He also referred to the commitment by the School District to plant trees along the property line, and there are no trees planted as yet. (This commitment was made about a month ago.) Patty Norby, 16420 Hillcrest Court, lives across from the soccer fields, she indicated that on Sunday evenings, when they would like to use their backyard, there are as many as dozen soccer balls that come over the fence into their lawn and 3 or 4 cars parking in front of their home, often blocking their driveway. People keep jumping the fence and intruding in their backyard when they are trying to have private family functions. 5 184 Unapproved Minutes -PRNRC - May 21, 1990 Melling suggested restricting to the use of the baseball field to games and eliminating it to be scheduled for practices as a way to have a more controlled use of the facility. Baker stated that the real problem is that the fields were planned without sufficient buffer, rather than the issue of adult use of the field. It appears as though there is a problem whether it is adult use of youth use, and the request of the neighbors is to restrict or limit the number of users than specifically who is using the fields. This is a problem in that the irrigated fields are some of the nicest facilities in the community and it is difficult to say that the nicest facilities in the community should have the least amount of use. One of the neighbors then stated that the City use of school property is the problem and there is just too much use of that property. They would like to see it limited to school use only. Another neighbor, Jerry Baisky, 16400 Hillcrest Court North, questioned why the school has money to add to the baseball field and make improvements to the base- ball field, but does not have sufficient money to maintain the weeds and dandelions in the back of the slope. John Pollack III indicated that the fields are not "suitable" for use for City programs without a decent buffer zone. These facilities were designed without a buffer zone and, therefore, should be restricted to school use. Baker indicated that there was no easy solution to this problem, and indicated that this item would be brought before the full commission on Monday, June 4th prior to Council review of the item on June 5th. Baker then thanked residents for attending the meeting and sharing their concerns and indicated the commission members would take this issue under advisement over the next two week period. III. OLD BUSINESS 1. Miller Park (con't from May 7 19901 - Barb Cross summarized the concerns of the neighborhood that were presented at the May 7th Parks, Recreation and Natural Resources Commission meeting and then reviewed the 6 IN3 MEMORANDUM TO: Mayor and City Council FROM: Landfill Advisory Committee SUBJECT: Request for Funds DATE: May 31, 1990 The Landfill Advisory Committee has met several times since its first meeting in late March. In identifying the professional, strategic effort necessary to convey the City's position effectively, it has become apparent that the Comittee does not have the resources among its members to accomplish its goal. Consequently, proposals from several consultants have been received for assistance in developing and executing this project. At this point, the Committee believes there are two major areas for activity: public information, and communicating with decisionmakers and influential leaders. The Committee recommended that a video be produced which would provide a different perspective of the site and issues than what might be related by the landfill owner inside the facility. The Council gave its approval at the joint meeting with the Committee on May 14. The Committee also recommends that Mona, Meyer & McGrath be retained to provide services and overall coordination of the public information activities. In terms of communication with decisionmakers, the Committee recommends The November Group/Cerkvenik & Forceia and Messerli & Kramer be retained for this effort. The proposals from each of these firms are attached. Taking advantage of these resources requires City funds. At this point the Committee can identify probable expenses through the end of August. Where appropriate, the estimates are based on the monthly cap for fees: Video (Corporate Video) $15,000 Public Information (Mona, Meyer & McGrath) 14,000 Lobbying The November Group/Cerkvenik & Forceia 11,000 Messerli & Kramer 2,000 Advertising 17,000 Printing 3,000 , Expenses/Contingency _L000 UMW The Committee requests and recommends that the Council enter into agreements for services from these firms and authorize expenditures as proposed above. The Committee will inform the Council as quickly as possible whether changes to these plans appear warranted. 15qLI e NOVEMBER 04° .42 Du„...„Av.,.. Wit 40111116110)12. 6.171166012 SUM (612) 825419° To: Landfill Advisory Committee Council Member Doug Tanpas Assistant City Manager Craig Dawson From: The November Group, Pat Forciea RE: Summary of May 21 meeting Date: May 22, 1990 We recommend that we proceed on the following items: 1. Develop a plan for inviting key legislators and staff for landfill tours and holding informational meetings in their districts. These meetings will be scheduled in coordination with Rep. Pauly. 2. Explore possibilities of holding legislative hearings in Eden Prarie prior to the November elections. 3. Develop a list of environmental groups that should be contacted for support. Informational meetings will ultimately be scheduled with the heads of these organizations. 4. Invite State Senator and the likely future Hennepin County Attorney Mike Freeman out for a landfill tour. Determine what powers the County Attorney has on this issue. S. Invite MPCA Commissioner Gerald Willet out for a landfill tour. 6. Develop and implement procedure for compiling research on past BF1 legal and political problems. 7. Develop plans for establishing a presence at the Eden Prarie July 4th celebration. FEE: Our fee for services would be $80/hour, with a monthly cap of $3,000. Review of our contract status should be on a monthly basis. We recommend that MONA, MEYER & MCGRATH be retained to work on media relations/advertising. We recommend that ROBERT RENNER be retained, per his proposal, to work primarily with Republican elected officials. WILLIAM I, ROSS C. PRAMIER JOHN C. DRAWS TOM TOGAS OLCION C. PURDUE DAVID R. ARACUM MANS S. LARSON TIMOTHY J. SAUER IIICSCOCA K. SCM ROSCR7 O. RANDOLPN W. MORRIS CHIPIISTOPHCR S. HUNT MESSERLI & KRAMER ATTORNEYS AT LAW 1500 NORTHLAND PLAZA BUILDING 3800 WEST 80TH STREET MINNEAPOLIS, MINNESOTA 55431-4409 t612) 893-6650 FACSIMILE 18121 893-8755 JANC• C. WIC.A PAULA. SO 0 ...OSCAN O. NICRCNISCRO WILLIAM Ct. micKs DAVID 0. ISCAUCIOIN WILLIAM M. HAISICHT PAUL W. ANDERSON WILLIAM 0. 'URAL., CARLA J. 51175 ANN IC arnacs JOHN I. API72 DAVID C. ROLAND mAPIR PROPOSAL TO PROVIDE INTERIM LOBBYING FOR THE CITY OF EDEN PRAIRIE MAY 15, 1990 IN 6 LEGISLATIVE AND LOBBYING CONSULTING AGREEMENT The law firm of Messerli s Kramer (the Firm) will provide professional lobbying and consulting services to the City of Eden Prairie (the City) for the period June 1, 1990, through December 31, 1990. These services will include, but not be limited to, working with city officials, local legislators and other consultants to develop a lobbying strategy for the 1991 session. They will also include contacting key legislators, legislative staff and members of the Administration to inform them of the City's opposition to the expansion of the Flying Cloud Landfill. Fees for professional services shall be billed at the following hourly rates: Partners $125 per hour; associate attorneys $90 per hour. Although the entire resources of the Firm are available to the City, it is expected that Robert G. Renner, Jr., and Ross E. Kramer will be the lead attorneys. In addition to the fees for actual time billed, the City agrees to pay for all out-of-pocket expenses not to exceed $300 for the seven-month period without prior approval. Fees in professional services will not exceed $5,000 during the seven-month period without the approval of the City Council. It is estimated that the total hours will average approximately five per month. The Firm agrees to provide the City with a monthly itemized invoice for services rendered during the previous month. The Firm, as a matter of policy, is attaching a conflicts of interest policy which outlines the procedures that will be used should a conflict of interest arise. To the best of our knowledge no conflict with any present client exists. All of the employees of the Firm will abide by the Code of Ethical Conduct as promulgated by the Minnesota Supreme Court. The Firm is responsible for filing with the Minnesota Ethical Practices Board as a registered lobbyist for the City. Either the Firm or the City may, with 30 days written notice, terminate this agreement. Dated: Dated: MESSERLI & KRAMER CITY OF EDEN PRAIRIE By By Robert G. Renner, Jr. Partner 4(1 CONFLICTS OF INTEREST Messerli & Kramer is acutely aware that conflicts between clients can be devastating to their legislative programs. We Assume the affirmative obligation to examine the issues :presented by any potential client for conflict with existing client legislative initiatives. To that end, we have developed a Conflict of Interest Policy which we include as part of all client representation agreements. It is our belief that most conflicts can be avoided through a commitment 7tolearly .identification of issues and by notification of clients. MESSERLI & KRAMER -LEGISLATIVE CONFLICTS OF INTEREST POLICY Messerli & Kramer has a positive obligation to detect promptly and report immediately any potential conflict between the legislative objectives of its clients. All legislative clients also have an affirmative responsibility to detect and report potential conflicts and notify Messerli & Kramer regarding them. A conflict of interest exists whenever any legislative client or the Firm determines there is a conflict. We make every, attempt to identify any potential conflicts of interest with existing clients prior to Messerli & Kramer's employment by a new legislative client. This process includes a full discussion within our Legislative Department and disclosure of the potential conflict issues with existing legislative clients who may be affected. If any significant conflict becomes apparent that cannot be resolved at this stage, the Firm will decline the new representation absent client consent. If a conflict of interest arises between two or more existing legislative clients, the following guidelines will apply: (a) An attempt will be made to resolve or compromise the conflict between the clients. A compromise must be with the consent of all affected clients. (b) If a client elects to withdraw the conflicting issue from its legislative program, the conflict of interest will be considered resolved. (c) If the conflict is not removed by client withdrawal of the issue or compromise of the conflicting points of view, Messerli & Kramer must withdraw from representation of all clients on that particular legislative issue. Messerli & Kramer will contact appropriate parties to explain the conflict and the Firm's withdrawal from the issue. prsP4d4 4 Tbe client.vwiththe Firm's assistance, will be responsible for making -their -own arrangements for legislative representation -on that issue. Messerli & Kramer will renegotiate any retainer or contract agreement with an-affected client to reflect the withdrawal. If a pattern of conflicts develops between legislative clients, the Firm will evaluate the situation with the affected clients. The Firm will cease representation as necessary to eliminate any continuing conflict of interest and will explain the withdrawal to all affected parties. iao Mona Meyer & McGrath 8500 Nantiandale Lake 8aubwar6 Suite 1200 Sloomiagton, MIN 55431 (612) 831-8515 FAX (612) 8348241 May 22, 1990 Mr. Craig Dawson City of Eden Prairie 7600 Executive Drive Eden Prairie, Minn. 55344 Dear Craig: As we discussed Monday morning, I've outlined below our cost estimates. These activities should not overlap with the activities of The November Group. 1. Nexus, library and investigative calling researCh about BFI's historic positlon on environmental issues Approximately $1,000 - $1,500 in professional fees in June. 2. Media kit elements. This would be a one-time professional fee to prepare materials for the media, outlining the issues, the history and the research documenting BFI's environmental history. Approximately $2,000 in professional fees in June. 3. General media relations on issue, endorsements news releases, editorial board meetings, and communications About the city's position at existing summer events. Approximately $2,000 in professional fees a month for June, July and August. 4. Endorsement news conference. Approximately $2,500 in professional fees for major environmental endorsement news conference. This will include preparing written materials, alerting the media, arrangements for the news conference, media follow-up and scheduling interviews. 5. Advertisements. Creative, research, type, design, photography, stats would be approximately $2,000 per ad. These would be all the costs to produce camera ready ad, but this estimate does not include buying space. M SO -2- In summary, MUM estimates that professional fees for the Eden Prairie landfill project would be: June $5,500 July $2,000 August $2,000 Variables: Mews conference $2,500 Advertising $2,000 Total, not to exceed $14,000 Craig, these estimates reflect the direction of the Monday's meeting. Any further guidance or refinement that you have would be welcome. Sincerely, Cathryn I. Mennedy Vice President MEMORANDUM TO: THRU: FROM: DATE: Parks, Recreation and Natural Resources Commission Mayor and City Council Robert'A. Lambert, Director of Parks, Recreation and Natural Resources illa." Barbara Penning Cross, Landscape Architect - May 18, 1990 SUBJECT: Miller Park Redesign At the April 3, 1990 Parks, Recreation and Natural Resources Commission meeting, residents of the Weston Bay area voiced their concerns about living next to the proposed Miller Park. One of the main concerns the residents stated at the meeting was the placement of the park road. They also wrote a letter concerning the 30 mile per hour speed limit set for the street. Staff would like to point out that according to City statutes, this is the minimum speed at which a street can be posted. It would be similar to any other residential road within the City including Weston Bay Road, where the speed limit is 30 miles per hour. Staff has studied Miller Park and has done numerous layouts to try to incorporate the needs of the park with the desires of the residents. I have attached a plan showing the revised layout. Many of the neighborhood and commission concerns have been addressed. The number of ballfields within the park has remained the same. Parking stalls within the ballfield complex have increased from 310 spaces on the old plan, to 350 spaces on the revised plan. Other facilities, such as the concession building, the totlot, trails and the underpass have all been maintained. A batting cage has been added and is located in the revised plan. The road system has been amended and seems to accommodate both the neighborhood and park needs. The only section of roadway that has not been relocated is a section along the park boundary from Timber Lakes Drive east to County Road 4. This portion of road is required by City Code to provide a second access into the neighbor- hood. Rotlund Homes will be constructing that portion of roadway within the next several months. I have shown that road T'ing into the park road to reduce the traffic load through the neighborhood. The new entry road curves in off County Road 4 and runs along the railroad track until it curves in surrounding the Babe Ruth field. The road was designed with circuitous curves to make it aesthet- ically interesting and also to slow traffic down. Staff carefully examined bisecting the baseball complex. The proposed layout isolates the Babe Ruth field where it can function as Eden Prairie's championship field. All parking needs for this field have been met south of the road, which eliminates pedestrian movement back and forth across the road. The small combination fields and the Little League fields have also been made into a small complex. Parking for 300 cars should be more than adequate. Staff maintained a safe spacing between fields at least 100' away from parking and populated areas where foul balls might land. The trail system works well allowing excellent circulation within the baseball complex and makes logical connections to the rest of the park. I have done a preliminary grading plan to make sure the revised plan works with the existing land forms. The grading plan works well with good drainage on all fields. Berming is possible in most areas along the north property line to help with screening. Space is available for heavy plantings between the ballfields and the property line. When, and if, the City has another bond referendum, to develop Miller Park, plant materials for that screening will be included in the cost. From a planning and design standpoint, the revised plan works as well, or better, than the original plan. The entire parks, recreation and natural resources staff have reviewed the revised plan and are confident that the plan will work. The location of the temporary boat launch to be installed this summer will not follow the existing road due to the cost of the lengthy road. It is now proposed to come down off Timber Lake Drive and the new road out to County Road 4, and swing south in the direction of the concession building before heading west towards the lake. Because this road has been shifted south, the temporary road will be gravel and will be treated for dust by the Public Works Department when necessary. BPC:mdd millerp/10 J353 \ r 010 OM CV Um 141n11. KO(' Mitchell Lako • as....1 ear. 15.a. VOLLESSELL COURTS GENERAL SEATON, Cc...CESSION PLAZA LEGEND: -JI—J 1...10 swam .11tree OEN. Exam. Ts NEE *ALL =•"' P.•••=:' LINTER I Ald., / = Of6=-4=-70A) - Tre4- 0-11P. - PAIN. troti: L_ _ e 0:11.213-4,- ow' UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 6, 1990 -2- Anderson suggested that a program such as "adopt a park" or "adopt a trail" would be a good idea and also that the City needs a plan in order to plant more trees. Baker said he would like to continue the clean-up effort during the summer and work on reforestation in Eden Prairie. Anderson said that since there is no additional money in the parks and recreation budget, the ideas for clean- up and reforestation will have to be creative. He added that the Parks, Recreation and Natural Resources Commission should look into the possibilities and advise the City Council. Anderson also suggested that it may be necessary to hire a part-time person to be in charge of these projects. Kuechenmeister said there was also a discussion at a recent meeting regarding clean-up of construction materials. Lambert said this is difficult to enforce, as one developer may use a number of different builders and it is hard to prove whose debris it is. Baker said he feels there should be some type of recognition to the Clean-Up Day volunteers. Anderson said that this has already been suggested to the City Council. Lambert said that City staff does not have the time to coordinate a major clean-up project. Anderson said he realizes that outside help may have to be hired and he has requested additional money in the budget for this purpose. Kuechenmeister suggested some incentives for builders so the problem of construction debris would be lessened. Baker suggested that this item be discussed in more detail at the next commission meeting. 2. Request from Weston Bay Road Homeowners Re: Miller Park Development Refer to memo dated May 3, 1990 from Bob Lambert, Director of Parks, Recreation and Natural Resources. /35 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. s, NATURAL RESOURCES COMM. May 7, 1990 -3- Lambert said that City staff received a letter from Cheryl and William Cotter, representing residents of Weston Bay, regarding a concern they have with the proposal to construct an access road into Miller Park for picknicking and boat access on Mitchell Lake. Cheryl Cotter of 16837 Weston Bay Road said that the residents understand that the road has to be constructed •this year in order to receive funding, but they have a concern with access to the park being Timber Lake Drive. Lambert stated that he would answer the questions that were raised in the letter and then take individual questions from residents. Be showed the location of Weston Bay and said that the developer requested that the road be moved so it would be located partially on his property and partially on City property. The following are questions from the residents and staff answers: 1. Will Timber Lakes Drive be a permanent access to Miller Park? Timber Lakes Drive will be one of several permanent accesses to the park, but will not be the major access. 2. Is the County Road 4 access planned for the same opening time as the Timber Lakes Drive access? The Timber Lakes Drive access should be completed early this summer and the park access will not be opened until late summer. 3. Where will the park be in relationship to the townhomes and Weston Bay Road homes? The park road will be approximately 9 feet south of the park property line. UNAPPROVED MINUTES EDEN PRAIRIE PARKS. REC. 6 NATURAL R E S O U R C E S C O M M . M a y 7 , 1 9 9 0 -4- 4. Is the road to be gravel indefinit e l y ? I f s o , will the City control the dust by oiling or another alternative? It is recommended that the road will b e a s p h a l t to the point where it swings away from the r e a r lot line of homes. At that point, i t w i l l b e a gravel road with dust control applie d a s n e c e s s a r y . It will remain a gravel road until t h e p a r k i s ) developed. 5. Where will tne initial parking lots b e ? There will be a parking lot for ten cars with trailers near the boat launch and a parking l o t f o r 1 5 c a r s on the south side of the access roa d . 6. Who will patrol and maintain the pa r k a r e a o n c e . public access is provided? Loiteri n g , v a n d a l i s m and littering are a'major concern. The park will be maintained by the Park Maintenance Department and will be patrolled by b o t h p a r k r a n g e r s and the Police Department. 7. Will evening traffic be restricted? The park hours will be 6:00 a.m. to 1 0 : 0 0 p . m . , the same as other parks in the City . T h e s e h o u r s will be enforced by the Police Depart m e n t . 8. The only bus stop for children is at t h e c o r n e r of Timber Lakes Drive and Weston Ba y R o a d . W e are concerned with the increased tra f f i c a n d cnildren's safety, as there are no s i d e w a l k s o n the north side of Timber Lakes Drive. It is not anticipated that there wi l l b e a s i g n i f i c a n t increase in traffic due to the deve l o p m e n t o f t h e parx. If the residents wish to ext e n d t h e s i d e w a l k system, they are welcome to petition t h e C i t y . Lorinda Schlaudaff of 16812 Weston B a y R o a d s a i d s h e is concerned with the location of t h e r o a d b e c a u s e it is so close to the property line s a n d a s k e d i f i t can be moved. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. a NATURAL RESOURCES COMM. May 7, 1990 -5- Cotter added that Weston Bay Road is already a blind _ corner and the residents would like to see the road moved away from the homes. Kuechenmeister asked if the railroad has been abandoned. Lambert said that it is expected to be abandoned at any time, but is proposed for a light rail system. He added that it would be possible to redesign the park, but it is unknown whether a new design would have the same number of ballfields. The alternative would be to have ballfields located closer to the homes. John Nabla of 16921 Weston Bay Road said he feels the road and parking lot will lessen the value of the homes in this area. He has a problem with the road and parking lot backing up to his property, but would not have a problem with the ballfields. Dave Chinek of 16977 Weston Bay Road said he feels the present plan does not fit the needs of the homeowners. Richard asked if the road was not located behind the homes and was used for ballfields instead, would there be more space for plantings and screening. Lambert said that this type of plan was not explored. Trish Albrect of 16761 Weston Bay Road feels their home would be one.of the most affected, as there are no fences or berming behind the house. The present plan would put a major road about 15 feet from their deck. She asked if there is a setback requirement for the back of the homes, as well as the front. Lambert said the builder apparently received a variance at the time the lots were sold. Tom Oster of 16785 Weston Bay Road said it seems that the bailfields are approximately the same size as the parking lots. He feels changing the location of the parking lots would allow for better access. Lambert said that a plan such as this has not been done, but the idea was to have the ballfields located so the kids would not be running across the road between fields. Oster asked where the future Hwy. 212 would be located. Lambert said that it would be south of this development with an overpass providing access from the south. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 7, 1990 -6- Jim Schingler of 16949 Weston Bay Road stated that it seems that the residents in attendance agree that ballfields are preferred over parking lots and the City is willing to do another study. He is concerned with the public access to the lake since he feels the lake is "dead" at this point. Lambert said that the lake is at the 868 contour which is an average over the last 20 years. It will have to be raised 3 feet by rainfall to meet the outlet. The DNR has committed to manage the lake by requiring City aeration and stocking the lake, but this will not be done until there is public access. Staff feels that this will be an improvement to the lake. Schingler asked if there is a requirement for the lake to be motorized. Lambert said that this was decided two years ayo by residents on the lake who wanted 10 hp motors allowed. Schingler asked if the lake can be filled by means other than rainfall. Lambert said no. Lisa Flamm of 16896 Weston Bay Road asked if the DNR will also take care of weed control. Lambert said no. Flamm asked if it is possible to have the parking lots located further to the south. Lambert said that the City will do a good job of screening and a nursery to the north is also planned for the future which should also help with screening. Lee Grasen of 16756 Weston Bay Road asked how large is the parking lot north of the ballfields. He is concerned with cars parking on the street. Lambert said the parking lot will accommodate50 cars, but during tournaments there may be some parking along the street. May Oster of 16785 Weston Bay Road said they have already. had problems with people using a dirt road along the railroad tracks to get to the lake and the police have not been enforcing it. Lambert agreed that people are getting to the lake illegally along the railroad tracks, but said that it is difficult to change once people know about it. 1 339 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. May 7, 1990 -7- Schingler asked if there would be a problem to revise the park plan. Lambert said no, but there are no guarantees that a new plan will be approved by the Parks, Recreation and Natural Resources Commission or the City Council. Nabla asked who will be playing on the ballfields. Lambert said they will be set up for youth softball and baseball. Nabla asked if an EIS was done. Lambert said it is not necessary to do an EIS for lake access. MOTION: Breitenstein moved to recommend that a study be done to determine the feasibility of moving the ballfields and access road in Miller Park without losing any ballfields. Richard seconded the motion. On call for discussion, Vanderploeg asked if there is a possibility that the commission could come out and look at the property. Cotter said they could come at anytime. Kuechenmeister said he feels that City staff has gone to a great deal of time and effort developing a plan for Miller Park, but he would like to look at an alternative routing into the park without losing any playing facilities. Joyer said that the commission went out to look at this property before the lots were laid and had some of the same concerns that the residents have. The developer was made aware of tnem at that time. . She also indicated that a new plan with fewer ballfields was not acceptable. The motion passed 5-0. Lambert said that the study will be completed and the findings brought back to the commission at their next meeting on May 21. 3. Request from Podawitz Development Re: Sterling Ponds Trail Refer to memo dated April 30, 1990 from Bob Lambert, Director of Parks, Recreation and Natural Resources. 160 Unapproved Minutes -PRNRC - May 21, 1990 Melling suggested restricting to the use of the baseball field to games and eliminating it to be scheduled for practices as a way to have a more controlled use of the facility. Baker stated that the real problem is that the fields were planned without sufficient buffer, rather than the issue of adult use of the field. It appears as though there is a problem whether it is adult use of youth use, and the request of the neighbors is to restrict or limit the number of users than specifically who is using the fields. This is a problem in that the irrigated fields are some of the nicest facilities in the community and it is difficult to say that the nicest facilities in the community should have the least amount of use. One of the neighbors then stated that the City use of school property is the problem and there is just too much use of that property. They would like to see it limited to school use only. Another neighbor, Jerry Baisky, 16400 Hillcrest Court North, questioned why the school has money to add to the baseball field and make improvements to the base- ball field, but does not have sufficient money to maintain the weeds and dandelions in the back of the slope. John Pollack III indicated that the fields are not "suitable" for use for City programs without a decent buffer zone. These facilities were designed without a buffer zone and, therefore, should be restricted to school use. Baker indicated that there was no easy solution to this problem, and indicated that this item would be brought before the full commission on Monday, June 4th prior to Council review of the item on June 5th. Baker then thanked residents for attending the meeting and sharing their concerns and indicated the commission members would take this issue under advisement over the next two week period. III. OLD BUSINESS 1. Miller Park (con't from May 7. 1990) - Barb Cross summarized the concerns of the neighborhood that were presented at the May 7th Parks, Recreation and Natural Resources Commission meeting and then reviewed the 6 Unapproved Minutes -PRNRC - May 21, 1990 changes to the Miller Park Plan that has, hopefully, alleviated the concerns of the residents. A resident of the Townhome Association requested information regarding private road access to the new connection from Timber Lakes Drive to County Road 4, and the size of the berms that would be screening the ballfields from the road and neighborhood. Cross indicated that the berms would be from 4 to 6 feet high with evergreens planted on top of the berms. Several of the residents from the Weston Bay area indicated their support of the revised plan and indicated they thought the plan was much better and alleviated their concern. Cross indicated that the gravel access road to be constructed in 1990 would extend from the end of Timber Lakes Drive south approximately 200', then westerly toward to planned parking lot and boat launch area. The boat launch parking lot has been reduced from 20 cars with trailers to 15 cars with trailers, and an additional 20 car parking lot to accommodate picnicking would be constructed just east of the boat launch parking lot. Baker thanked the residents from the Weston Bay area for becoming involved in the process, and indicated that he believed the park plan was a much improved plan due their input. Vanderploeg and Kuechenmeister concurred with the improved park plan. Residents from the Weston Bay area thanked Vanderploeg and Kuechenmeister for taking the time to come out to the site and visit with residents regarding their concerns and they all believed the "process works" and the park plan is better for everyone concerned. Lambert indicated that the staff does support the revised plan and would be recommending revisions to Miller Park Master Plan to the Commission at the June 4th meeting. IV. Apjoutffig Baker adjourned the meeting at 9 p.m. Respectfully Submitted, Robert A. Lambert Recording Secretary 7 1 Yd,