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HomeMy WebLinkAboutCity Council - 01/22/1991 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 22, 1991 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEM3ERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL SWEARING IN CEREMONY FOR COUNCILMEMBER H. MARTIN JESSEN PROCLAMATION FOR MARTIN LUTHER KING, JR. CELEBRATION ON FEBRUARY 3, 1991 Page 71 (Resolution No. 91-21) I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council Meeting held Tuesday, January L 1991 Page 72 B. Special City Council Meeting held Wednesday, January 16, 1991 Page 79 III. CONSENT CALENDAR A. Clerk's License List Page 81 B. Personal Flotation Devices at City Beaches Page 83 C. Training Requirements for Volunteer Drivers in Senior Page 86 Transportation Program D. Recommended Increase in Donation for the Senior Transportation Page 89 Program E. Tax Forfeited Lands (Resolution No. 91-24) Page 90 F. Resolution No. 91-10 Proclaiming February 3-9, 1991 as National Page 98 School CounseTinq Week G. Final Plat Approval of Donnay's Edenvale Addition (located north Page 99 of Edenvale Boulevard and east of Lesley Lane) Resolution P� R-20 City Council Agenda January 22, 1991 Page Two H. Approval of Land Alteration Permit for Filling of Area Located at Page 102 the Southwest Quadrant of Prairie Center Drive and T.N. 5 I. Authorization to Execute Agreement with Metropolitan Council - Page 105 Authorizing Mayor and Manager to Execute Agreement to Acquire Outlot 8, Red Rock Shores Using Metropolitan Council Administered Right-of-Way Acquisition Loan Funds for TH 212 J. Request Hennepin County to Prepare Speed Study for Shady Oak Page 113 goad between Flying Cloud Drive & CSAH 62 (ResoTution No. 1.-23) K. Aeration System Agreement for Red Rock Lake Page 114 L. Application to the Minnesota Historical Society for: 11 Designation Page 115 as a Certified ocal Government and j a Certified local Government Grant M. Appointment of Housing & Redevelopment Authority Members Page 127 (Resolution No. 91-25) IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications for Page 128 I.C. 52-212, Cedar Ridge Road and Corral Lane TResolution No. 9I-17j- B. Vacation No. 91-01 - Vacation of Part of a Drainage & Utility Page 129 Easement on Lot-I: Block 3 Red Rock Lake First Addition (Resolution No. 91-18 C. Vacation No. 91-02 - Vacation of Drainage & Utility Easements over Page 130 Parts of Wilson Ridge and Wilson Ridge Second Addition (Resolution • V. PAYMENT Of CLAIMS Page 131 VI. ORDINANCES & RESOLUTIONS A. Amendment to Resolution No. 91-08, Regulating Fees and Charges for Business License Permits and Municipal Services VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Lariat Companies, Inc. to Appeal Board of Appeals • Page 132 & Adjustments enial of Variance Request Number 90-3T VIII. REPORTS Of ADVISORY COMMISSIONS A. Waste Management Commission - Recommendation to Join Environmental Page 152 Cities Coalition (Resolution No. 91-22) City Council Agenda January 22, 1991 Page Three IX. APPOINTMENTS A. 2 Appointments to the Southwest Metro Transit Commission 11 tounciimember to fill a one-year term and re resentative for a three-year terinj Continued from December 18, 1990 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers B. Report of City Manager 1. Fiscal Disparities Program Page 157 C. Report of City Attorney 0. Report of Director of Planning E. Report of Director of Parks, Recreation & Natural Resources 1. Review of Draft Regional Recreation Open Space Development Page 171 Guide Pricy Plan from the Metropolitan Council F. Report of Finance Director G. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT PROCLAMATION RESOLUTION NO.91-21 MARTIN LUTHER KING,JR.CELEBRATION "A SHARING OF OUR ETHNIC DIVERSITY" FEBRUARY 3, 1991 WHEREAS: The City of Eden Prairie and the Eden Prairie School District join in recognizing Martin Luther King,Jr.with a celebration to be held on Sunday, February 3, 1991;and WHEREAS: Eden Prairie recognizes that Dr.Martin Luther king,Jr. had a dream and dedicated his life to helping feeedom exist for all people;and WHEREAS: the designation of Martin Luther King,Jr.Day serves as a reminder of his dream, his commitment to human rights,and his nonviolent philosophy; THEREFORE,BE IT RESOLVED, that the City of Eden Praise hereby proclaims February 3, 1991,as a day to commemorate MARTIN LUTHER KING,JR. and asks all residents to continue their commitment and concern for equal rights for all persons,to dedicate themselves to helping those who do not yet share in that freedom, and to join in the celebration planned by the Human Rights and Services Commission to commemorate Dr.King's dream. Douglas B.Tenpas,Mayor ATTEST: John D. Frane, City Clerk EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TIME: 7:30 PM Tuesday, January 8, 1991 LOCATION: City Hall Council Chambers, 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, Patricia Pidcock and Patricia Pidcock CITY COUNCIL STAFF: City Manager, Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. SWEARING-IN CEREMONIES FOR MAYOR DOUGLAS TENPAS AND COUNCILMEMBERS RICHARD ANDERSON AND JEAN HARRIS City Attorney Roger Pauly administered the oath of office to Mayor Douglas Tenpas and Councilmembers hichard Anderson and Jean Harris. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Harris moved, seconded by Pidcock, to approve the agenda. Pidcock requested the addition of Item No. X.A.2, Golf Courses. Motion to approve the agenda as amended carried 4-0. II. MINUTES A. City Council Meeting held Tuesday. December 18, 1990 MOTION Pidcock moved, seconded by Anderson, to approve minutes of December I8, 1990. Motion approved 4-0. III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 1-91. Relating to the Licensing of Collectors of Solid Waste and Adoption of Resolution No. 91-11 Approving the Summary of Ordinance No. 1-91 and Ordering the Publication of Said Summary -7d City Council Minutes 2 January 8, 1991 C. Resolution No. 91-01, Designating the Official City Newspaper D. Resolution No. 91-02, Authorizing City Officials to Transact Banking, Business E. Resolution No. 91-03, Authorizing Use of Facsimile Signatures by Public Officials F. Resolution No, 91-04, Designating Depositories G. Resolution No. 91-05, Authorizing the Treasurer to Invest City of Eden Prairie Funds H. Resolution No. 91-08, Regulating Fees and Charges for Business License Permits and Municipal Services I. Set Date for 1991 Local Board of Review for Thursday, April 18, 1991 at 7:00 PM J. Approve Change Order No. 2 for Summit, Meadowvale, Red Oak Utility and Street Improvements,_I.C. 52-166 K. Receive Feasibility Report and Set Public Hearing for Cedar Ridge Road and Corral Lane Improvements, I.C. 52-212 (Resolution No. 91- 091 L. Resolution Nos. 91-13 and 91-14 Recognizing Gary Peterson and George Bentley for their Service on the Southwest Metro Transit Commission M. Resolution No. 91-15 Proclaiming February 1991 as "Eden Prairie Loves its Kids" Month N. Authorize Use of I-494 Corridor Commission Funds O. Approve Stipulation for Dismissal in the Case of Resolution Trust Corporation vs. Bermel Investment Company et al P. Resolution No. 91-16Relating to Procedures for Appointing A Person to Fill the Vacant Council Position Formerly Held by Douglas Tenpas MOTION Anderson moved, seconded by Harris, to approve the Consent Calendar. Anderson and Pidcock requested clarification of Item C regarding designation of the official city newspaper. Pauly said that the statutes relating to the appointment of an official city newspaper were such that when more than one newspaper was qualified to be the official newspaper, preference must given to the newspaper that City Council Minutes 3 January 8, 1991 had an office of issue within the City. Because Eden Prairie News was the only newspaper with an office within the City, there was no discretion in the selection of an official newspaper. Tenpas requested clarification on Item H, Resolution No. 91-08. Section 3.13 regarding tax-exempt finance charges. Tenpas asked if there could be a modification on the wording in this section because there had been cases in the City where there was refinancing and then a partial ownership change took place. He said that refinancing sometimes meant a change in both the term and the interest rate. He believed the language should be less specific and not limit authorizing changes in interest rates only. Anderson amended the motion to approve the Consent Calendar to exclude Section 3.13 from Resolution 91-08. Pidcock suggested that the fee for licensing bicycles should be less than $6.00 for children. Jullie said that the fee was to license a bicycle and did not take into account the age of the owner. Tenpas and Harris said they were comfortable with the $6.00 fee for all bicycles. Pauly called Council's attention to Item B regarding Ordinance No. 1- 91. He said that the revision now required that licensed haulers of ( waste provide containers for recycling. The previous version had required the haulers only to make containers available. Consent calendar approved as amended 4-0. IV. PUBLIC HEARINGS V. PAYMENT OF CLAIMS Roll Call vote: Pidcock, Harris, Anderson, and Tenpas all voting "AYE". VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Lariat Companies, Inc. to Appeal Board of Appeals & Adjustments Denial of Variance Request Number 90-37 and Set Hearing Date for Tuesday, January 22, 1991 Jullie said this was a request from the Lariat Companies for a three- foot front yard set-back variance in order to construct a three- season porch on a duplex. The Board of Appeals and Adjustments had denied the variance request and the Council needed to set a date to hear the appeal of the Board's decision. January 22, 1991 was recommended. City Council Minutes 4 January 8, 1991 MOTION Pidcock moved, seconded by Harris, to set the hearing date for Tuesday, January 22. Motion approved 4-0. VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. SOUTH HENNEPIN HUMAN SERVICES COUNCIL - Appointment of Two Consumer Representatives for 2-year Terms Commencing February 2, 1991 Jullie said that two appointments were needed to the South Hennepin Human Services Council. He said that major changes were being considered for the structure of this Council, and it was recommended that the City have continuity in its involvement with this body. MOTION Harris moved, seconded by Pidcock that Pat Nash and Bette Anderson be reappointed to serve as the City's representatives to the South Hennepin Human Services Council. Motion passed 4-0. B. Resolution No. 91-06 Designating the Official Meeting Dates, Time and Place for the City of Eden Prairie Council in 1991 and Appointing an Acting y1ayor Jullie said this maintained the meeting time and location for the regular Council meetings and the appointment of acting mayor. MOTION Harris moved, seconded by Pidcock, that Anderson be appointed acting mayor, and that Resolution No. 91-86 designating the official meeting dates, time and place for 1991 be approved. Motion approved 4-0. C. Resolution No. 91-07, Designating a Director and Alternate Director of the Suburban Rate Authority for 1991 Jullie said that in past years Finance Director John Frane had been designated as a Director of the Suburban Rate Authority and Councilmember Anderson had served as the alternate. MOTION Pidcock moved adoption of Resolution 91-07 appointing Frane and Anderson to the Suburban Rate Authority for 1991. Seconded by Harris. Motion approved 4-0. 5 January 8, 1991 City Council Minutes D. Association of Metropolitan Municipalities - Appointment of 1 Representative and 4 Alternates Jullie said that historically the mayor had been appointed as the City's representative to the Association of Metropolitan Municipalities and Councilmembers had served as the alternates. MOTION Anderson moved that Mayor Tenpas be appointed representative to the Association of Metropolitan Municipalities, with Councilmembers serving as alternates. Seconded by Harris. Motion approved 4-0. E. Appointment of City AttorneY for 1991 Jullie said staff recommended Roger Pauly and his firm, Lang, Pauly and Gregerson, as the City Attorney for 1991. MOTION Pidcock moved, seconded by Anderson, that Lang, Pauly and Gregerson be appointed as the City Attorney for 1991. Motion approved 4-0. F. Appointment of Councilmember to the I-494 Corridor Commission Jullie said this was a joint powers organization of which the City was a member. The mayor had served on the commission in the past. MOTIQN • Pidcock moved that Tenpas be appointed to the I-494 Corridor Commission. Seconded by Harris. Motion approved 4-0. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers 1. Nomination of Council Candidates The f^P.owing nominees were submitted by the Council Members: Anderson: Bob Hallett, Christine Dodge Harris: Joan Meyers, Marty Jessen Pidcock: Ann Hodgson, Joan Meyers Ten pas: Mark Thompson, Marty Jessen City Council Minutes 6 January 8, 1991 Tenpas thanked all those who had submitted their applications for consideration and encouraged those who were not selected to consider serving the City in other capacities. Pidcock, Anderson and Harris said that it was very difficult to choose two persons because of the number of excellent candidates. They also encouraged those persons to consider serving the City on boards and commissions. Discussion was then held on the best date to select the fifth Councilmember. MOTION Anderson moved that a special meeting of the Council be held on Wednesday, January 16, 8:30 PM in the City Council Chambers for the purpose of selecting the fifth councilmember. Seconded by Harris. Motion approved 4-0. 2. Golf Courses Pidcock turned over information to Lambert on golf courses in the Houston, Texas, area for his study and evaluation. B. Report of City Manager 1. Set Tuesday, February 12. 1991, 6:00 PM, as Date to Interview Candidates for Boards and Commissions MOTION Harris moved, seconded by Pidcock, to set Tuesday, February 12, 1991, 6:00 PM as the date to interview candidates for boards and commissions. Motion approved 4-0. C. Report of City Attorney D. Report of Director of Planning, E. Report, of Director of Parks, Recreation and Natural Resources F. Report of Finance Director G. Report of Director of Public Works XL NEW BUSINESS rn City Council Minutes 7 January 8, 1991 XII. ADJOURNMENT MOTION Harris motioned to adjourn at 8:15 p.m. Seconded by Pidcock. Motion approved 4-0. • 1 MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 16, 1991 8:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS PRESENT: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF PRESENT: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, and City Attorney Roger Pauly PLEDGE OF ALLEGIANCE ROLL CALL: All members present I. AGENDA City Manager Jullie noted that the notice of this meeting had been properly posted. The notice stated that the purpose of the meeting was to consider and make an appointment of a resident to serve on the City Council until the term of the now-vacant Council seat expired on December 31, 1992. It was appropriate for the Council to limit its business this evening to this appointment. II. APPOINTMENT OF COUNCILMEMBER { Tenpas explained the voting process. The Council would take up to five rounds of balloting. The first candidate to receive at least three votes in one round of ballots would be declared the new Councilmember. The candidates as nominated by the Council on January 8, 1991, were: Christine Dodge Marty Jessen Bob Hallett Joan Meyers Ann Hodgson Mark Thompson Ballot No. 1 The Councilmembers voted as follows: Anderson: Hallett Harris: Jessen Pidcock: Hodgson Tenpas: Thompson Dodge and Meyers were then removed from the ballot. Ballot No. 2 Anderson: Jessen Harris: Jessen Pidcock: Hodgson Tenpas: Jessen '19 City Council Minutes January 16, 1991 Page Two Motion: Harris moved and Pidcock seconded to cast a unanimous ballot of r Marty Jessen. Motion passed 4 - 0. Jessen thanked the Council for appointing him to be one of their members. Each of the Councilmembers remarked about this decision being among the most difficult they had made while sitting on the Council. They expressed their admiration for the quality and commitment of all the residents who participated in this selection process. They urged that residents continue to serve the community in a variety of ways, and in particular to consider service to the City on one of the Council's advisory boards and commissions. III. ADJOURNMENT Anderson moved and Pidcock seconded to adjourn the meeting at 8:38 PM. Motion adopted unanimously. 70 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST January 22, 1991 CONTRACTOR (MULTI-FAMILY & COMM.) GAS FITTER Capitol Construction Group, Inc. Associated Mechanical Contractors Conveyor Craft, Inc. Air Comfort, Inc. Craft Masters Construction Budget Plumbing Corporation Crawford-Merz Construction Co. Burnsville Heating & Air Conditioning Design One of Edina Ltd. Centraire, Inc. Tom Ilosek Construction Cool Air Mechanical, Inc. Quali-Serv, Inc. Economy Gas Installers, Inc. Ryan Construction Co. of Minn. Flare Heating & Air Conditioning Welsh Construction Raymond E. Haeg Plumbing Zeman Construction Co. Hokanson Plumbing Lakeside Plumbing & Heating CONTRACTOR (1 & 2 FAMILY) Minnegasco, Inc. Plymouth Plumbing,Inc. Larry Berscheit Construction Seitz Brothers, Inc. Builder One of Minn., Inc. Smith Heating & Air Conditioning Centex Homes Corp. Southside Heating & Air Conditioning L. A. Donnay Thermex Corporation Justus Lumber Fred Vogt and Company T. M. Kearney Construction Ray N. Welter Heating Company MacDonald Home Improvement Madera Homes, Inc. HEATING & VENTILATING The Rottlund Company Signature Homes of Carmel A E R, Inc. Sunset Homes Corp. Air Comfort, Inc. Wuensch & Remer Construction Air Corp., Inc. Zachman Bros. Construction Alber's Sheetmetal & Ventilating American Heating & Air Conditioning PLUMBING Associated Mechanical Contractors Bostrom Sheet Metal Works, Inc. Allied Mechanical Systems Burnsville Heating & Air Conditioning All-American Mechanical, Inc. Centraire, Inc. Associated Mechanical Cont. Cool Air Mechanical, Inc. Barnes Plumbing Co., Inc. Custom Refrigeration, Inc. Budget Plumbing Corp. Flare Heating & Air Conditioning Conner Plumbing Northwestern Service, Inc. Coppin Plumbing Smith Heating & Air Conditioning Dakota Plumbing & Heating Southside Heating & Air Conditioning Wayne Dauwalter Plumbing Thermex Corporation Figner Plumbing Company Fred Vogt and Company Raymond E. Haeg Plumbing Ray N. Welter Heating Company Hokanson Plumbing Janecky Plumbing WATER SOFTENER Lakeside Plumbing & Heating —"— McDermott Plumbing,Inc. Culligan Water Service Company McGuire & Sons Plumbing Plymouth Plumbing, Inc. TYPE A FOOD Project Plumhing Co. Scherer Plumbing Rainbow Foods Seitz Brothers, Inc. Solar Mechanical, Inc. 71 CLERK'S LICENSE APPLICATION LIST page two TYPE B FOOD REFUSE HAULERS Shinders Book Store Aagard Sanitation Browning-Ferris Industries TYPE C FOOD Buckingham Disposal, Inc. Dick's Sanitation Service, Inc. Eden Prairie Grocery Quality Waste Control Fina Serve, Inc. R & W Sanitation,Inc. Randy's Sanitation, Inc. CIGARETTE Waste Management - Savage Westonka Sanitation • ARA Services Woodlake Sanitary Service, Inc. American Amusement Arcades Eden Prairie Grocery PEDDLER Fina Serve, Inc. Shinders Book Store Tim Hayes (firewood) Randy Kirschbaum (firewood) 3.2 BEER OFF SALE Paul Sanoski (firewood) Eden Prairie Grocery KENNEL • MECHANICAL GAMES Ken Kunstmann- 9999 Dell Road Robert O'Connor - 7041 Willow Creek Road American Amusement Arcades Eden Prairie Movies IV Eden Prairie Movies V THEATRE Eden Prairie Movies IV Eden Prairie Movies V These licenses have been approved by the department heads responsible for the licensed activity. Pat Solie Licensing MEMORANDUM TO: Mayor and City Council FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources s- DATE: January 15, 1991 SUBJECT: Personal Flotation Devices at City Beaches At the January 7, 1991 meeting, the Parks, Recreation and Natural Resources Commission recommended the City Council direct the City Attorney to draft an ordinance following the language of the Hennepin Parks ordinance that allows the use of personal flotation devices within designated swimming beach areas. Attached to this memo is a January 7, 1991 memo from Julia McFadden,Aquatics Supervisor, recommending the City revise its policy that restricts use of PFD's to a policy that allows use of PFD's in specific designated areas. BL:mdd pfds/11 MEMORANDUM TO: Parks, Recreation and Natural Resources Commisssion FROM: Julia McFadden, Recreation Supervisor for Aquatics and Fitness SUBJECT: Personal Flotation Devices at City Beaches DATE: January 7, 1991 Recommendation Staff recommends that the city revise its policy that restricts use of PFDs to a policy that allows the use of PFDs in specific, designated areas. Hennepin Parks adopted such a policy during the 1990 summer season and has experienced no adverse reactions or problems due to this policy. Hennepin Parks PFD ordinance It shall be unlawful to use within a designated swimming beach area. any innertube, life raft, or other inflatable or buoyant object or flotation device intended to support a person except a United States Coast Guard approved Type 1, 2, or 3 personal flotation device, which may be used when it is properly secured, of the proper size and is undamaged. Use of such personal flotation devices shall be limited to specific sections of a swimming beach and any use outside these specific sections is prohibited. Handicapped persons who require use of a flotation device in order to participate in swimming may be exempted from Section 3, paragraph d by special permit from the Director of Operations or his designee. Support Hennepin Parks conducted a survey/research regarding PFD use and determined that the following points were persuasive in support of change: 1) A person in trouble in the water has a greater chance of successful rescue if they are floating on the water's surface as opposed to being submerged. As successful rescue is a primary objective of our beach safety program, it is logical to permit use of a device which promotes successful rescue. 2) The Park District has never accepted the responsibility for supervising swimmers at its beaches. Lifeguards are provided to enforce rules and respond to emergencies; however, parents are still obliged to supervise their children. It follows that parents should have some choice in how they discharge that responsibility. If a parent strongly believes that their child will be safer wearing a PFD, and there is an absence of empirical data tc• dispute that belief, then the parent should be permitted to choose that option. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Jan. 7, 1991 -5- VI. OLD BUSINESS A. PFD's in Public Parks Refer to memo dated January 7, 1991 from Julia McFadden, Recreation Supervisor for Aquatics and Fitness. Lambert said that it was decided a couple of years ago not to allow PFD's on public beaches in Eden Prairie. Since that time, Hennepin Parks adopted a policy on PFD's and staff has had some complaints from parents about the current policy. MOTION: Richard moved to recommend approval of the Hennepin Parks PFD ordinance. Karpinko seconded the motion. { McFadden noted that the ordinance states that PFD's are not allowed outside the swimming beach area. Karpinko said he would like feedback from the lifeguards at the end of the season. Joyer asked which beaches would be included in the ordinance. Helling said it would be Round Lake and Riley Lake. The motion passed 4-0. MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Robert A. Lambert, Director of Parks, Recreation and Natural Resources FROM: Sandra F. Werts, Recreation Supervisor L' DATE: January 3, 1991 l� SUBJECT: Training Training Requirements for Volunteer Drivers in the Senior Transportation Program Recently, staff reviewed the current training guidelines for the volunteer drivers for the senior transportation program. Staff is recommending the following training be required of new and current volunteers: • 1. Review of driving record- Potential volunteers could not have a DWI, nor more than one moving violation in the previous two years or three in the previous five years. 2. Defensive Driving Course - Volunteers would be required to complete a defensive driving class prior to driving for the program. This could be either the 55 Alive program offered at the Senior Center or one of the other defensive driving classes offered through the Minnesota Safety Council,AAA or other certification body. Current drivers would have to complete the course within 60 days. As a benefit to the volunteers, the City would pay the cost of such a program. The AARP/55 Alive mature driving program is now offered at the Senior Center nine times a year. 3. Passenger Assistance First Aid Class - Currently, the volunteer drivers must have completed a Passenger Assistance First Aid course before they start driving in the Senior Transportation Program. The staff is recommending that the course be revised to a six hour class,instead of a 12 hour class. The current class covers the characteristics of the aging process,common assistance devices used by the elderly,attitudes toward the elderly and handicapped and guidelines for transporting the elderly. They also learn how to use a wheelchair lift, which we do not have. The first aid part of the class covers identification of sudden illness, treatment of shock, control of bleeding and airway management,prevention and treatment of heat exhaustion and heat stroke and appropriate use of emergency medical assistance service. Requiring this course has been a deterrent to potential volunteers, as the class is only offered at the Minneapolis Vo-Tech in the evening from 5-9 p.m. Staff is suggesting that the class be modified to include components such as the characteristics of aging,attitudes toward the elderly,and guidelines for transporting,as well as a modified first aid portion, bringing the class to about six hours. The Minneapolis Vo-Tech would be asked to provide an instructor here in Eden Prairie to offer the modified class. This class would be offered once a year and we would try to get as many of the volunteers as possible to take it. Use of Southwest Metro Services - As the Senior Transportation Program depends on the availability of volunteers, staff would like to be able to access Southwest Metro to fill in whenever a volunteer driver is not available. Staff would like to make a request to have Southwest Metro assign one or more drivers for the senior program and require those drivers to have the complete Passenger Assistance/First Aid Training. BACKGROUND: It has been increasingly difficult to recruit volunteer drivers for the Senior Transportation Program since we began requiring the Passenger Assistance and First Aid Course in 1986. Staff decided it was time to review the training requirements and to establish a policy that would meet the needs of the program and meet our liability requirements without discouraging volunteers. Staff reviewed the volunteer driver requirements in other cities and discussed requiring a physical exam,defensive driving,passenger assistance and first aid and the driver's record check. Staff also discussed these items with Skip Lane, the City's insurance representative. Lane had also been a volunteer driver at an early point in the program. He was very encouraging in keeping the requirements for a volunteer as simple as possible. SFW:mdd drivers/5 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Jan. 7, 1991 B. Volunteer Driver Policy Refer to memo dated January 3, 1991 from Sandy Werts, Recreation Supervisor. Werts said that her memo outlined the training requirements for volunteer drivers. It is currently required that a 12 hour first aid course is completed. She recommends that this be dropped down to a six hour course and that a defensive driving course be added, in addition to a review of the person's driving record. Werts added that the AARP/55 Alive program is offered nine times per year. The vo-tech will provide a modified program for the passenger assistance first aid course. Staff would also like Southwest Metro to assign a person for the senior program. They would also be required to complete first aid training. Baker asked how many times the drivers have had to use what they had learned in the passenger assistsance and first aid course. Werts said that most drivers are driving as a service and are aware of the needs of the passengers. Lambert noted that basic first aid and how to help people into the van are still going to be included in the first aid course. He feels that it would be valuable to have a Southwest Metro driver for the senior program if they had the same training as the volunteers. Werts said that staff is asking for approval to review driving records and that the volunteers can begin driving after the defensive driving course is completed with a six hour passenger assistance first aid course to follow. MOTION: Vanderploeg moved to recommend approval of the staff recommendation for training requirements for volunteer drivers in the senior transportation program. Richard seconded the motion and it passed 4-0. MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THROUGH: Robert A. Lambert,Director of Parks,Recreation and Natural Resources • FROM: Sandra F. Werts, Recreation Supervisor',, J, DATE: January 3, 1991 _1 SUBJECT: Recommended Increase in Donation for the Senior Transportation Program The suggested donation for a one way van trip has been$.25 since the program's inception in 1979. Staff is recommending an increase in the donation to$.50 for a one way trip,or$1.00 for a round trip. This would put the service in line with what seniors currently pay if they use Dial-A Ride. The$.50 one way trip currently is standard in most of the communities offering a volunteer transportation program. Staff reviewed the proposed increase at the December Senior Center Advisory Board meeting. ( A number of the Board members have used the Senior Transportation Program and the Dial-A- Ride program. They were asked if they felt that increasing the donation for passengers from $.25 per one way trip to $.50 per one way trip would pose a hardship to any of the current users. The consensus of those present was that an increase of$.25 each way would not pose a hardship to those using the service. SFW:mdd increase/5 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Jan. 7, 1991 -8- C. Recommended Increase in Senior Transportation Donation Refer to memo dated January 3, 1991 from Sandy Werts, Recreation Supervisor. MOTION: Richard moved to recommend approval of the increase in the senior transportation donation from 25C to 50C or $1.00 for a round trip ride. Joyer seconded the motion and it passed 4-0. • Gq MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Carl Jullie, City Manager Robert A. Lambert,{� Director of Parks, Recreation and Natural Resources FROM: Stuart A. Fo>�jltlanager of Parks and Natural Resources DATE: January 16, 1991 SUBJECT: Tax Forfeited Property Attached is a list of non conservation land located in Eden Prairie, which has been pronounced tax forfeit to the State of Minnesota for non payment of property taxes. As provided in Minnesota Statute 282,the County has requested the City to either approve the parcels for public auction,approve sale to adjacent property owners,request conveyance to the City for public use, or request that specific parcels he withheld from public auction for one year. The list includes ten parcels of property which are currently tax delinquent. The full description for these parcels is as follows: Parcel PIN Description Pending Specials I 03-I 16-22-44-0036 Cardinal Creek 3rd,Lot 7,Block 2 S10,589.73 2 05-116-22-21-0039 Chatham Woods,Lot 4,Block 7 S23.671.17 3 10-I 16-22-22-0086 Edenvale 6th Addition,Outlot D $ 999.05 4 10-116-22-23-0136 Golf Vista Condominiums,Garage I -0- 5 10-116-22-23-0138 Golf Vista Condominiums,Garage 2 -0- 6 10-116-22-23-0141 Golf Vista Condominiums,Garage 6 -0- 7 10-116-22-23-0211 Golf Vista Condominiums,Garage 11 -0- 8 16-116-22-34-0047 Red Rock Hills 3rd Addition,Outlot B $ 216.55 9 24-116-22-22-0131 Anderson Lakes Addition,The Preserve Condominiums,Garage 23 -0- 10 25-116-22-23-0005 Eden Prairie Acres,Lot 4 $62,978.99 RECOMMENDATIONS: The staff has reviewed the ten parcels on this list and taken a look at potential usage of any of the parcels for public purposes. The consensus of the staff is that the parcels be disposed of in the following manner: Available for public auction: Parcels number 1, 2, 4, 5,6, 7 and 9 L)U Tax Forfeited Property January 16, 1991 Page 2 Offered for sale to an adjacent property owner: No parcels Deeded to the City: Parcel number 8 for conservation of storm drainage and a storm water retention pond. Held from auction for one year by the City: Parcels number 3 and 10 A word of explanation about each of these parcels beginning with Parcel No.3. This property is a outlot that was designated for a trail system within the Edenvale PUD in the 1970's. The reason that it has become tax forfeit is a $999 special assessment which was levied for the removal of a large diseased elm tree from the property in 1986. The staff has talked with the Tax Forfeited Property Division of Hennepin County and would like to research further a couple of alternative ways of disposing of this piece of property,which is not held by a Homeowner's Association and currently does not serve as a trail corridor for the adjacent property owners. The Council will be advised of the alternatives at a future date. Parcel No.10 is a vacant lot on the corner of Bennett Place and Pioneer Trail. Currently,the Engineering staff is evaluating the potential usage of this lot for a storm water holding pond that would be implemented as a joint project between the County and City to alleviate a current storm drainage problem in that area. The Council will be updated regarding the status of this project. City staff recommends the Council approve Resolution No. 91-24 authorizing the disposal of these tax forfeited lands as outlined above. SAF:mdd forfeit/11 1) ) t. 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I , • ‘1/108,' , ,,, 0-" 1,1 (,9 (19) .-1 4, ,, .4., 1 "V • ,,,.. ..., -"-• (Ito 1 -. 1, I.... _ 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-24 A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin None Conservation List 760-NC, which lists ten properties in said municipality which have become property of the State of Minnesota for non payment of real estate taxes, (list attached), and WHEREAS,provided in Minnesota Statute 282,the City Council is asked to determine the disposal of these parcels of land, and WHEREAS,the City can approve the parcels for public auction,or approve the parcels sale to adjacent owners, or request conveyance to the City for public use without monetary consideration,or request that parcels be withheld from public auction for one year. NOW,THEREFORE,BE IT RESOLVED the City Council of the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these parcels in the following way: 1. Parcels to be sold at public auction: PIN-03-I16-22-44-0036- with special assessments totalling$10,589.73. PIN-05-114-22-2I-0039- with special assessments totalling$23,671.17 PIN- 10-1 I6-22-23-0136- with no special assessments pending PIN- 10-1 I6-22-23-0138- with no special assessments pending PIN - 10-116-22-23-0141 - with no special assessments pending PIN- I0-1 I6-22-23-0211 -with no special assessments pending PIN -24-116-22-22-0131 - with no special assessments pending 2. Parcels to be conveyed to the City for public use: PIN- 16-116-22-34-0047- for park and open space purposes 3. Parcels to be held from auction for one year: PIN- 10-116-22-22-0086- special assessments$999.05 PIN-25-116-22-23-0005 - special assessments$62,978.99 ADOPTED,by the City Council of the City of Eden Prairie this 22nd day of January, 1991. Doug Tenpas, Mayor ATTEST: John D. Franc, Clerk /� SEAL (4 ) CITY OF EDEN PRAIRIE RESOLUTION NO. 91-10 A PROCLAMATION FOR 1991 NATIONAL SCHOOL COUNSELING WEEK IN EDEN PRAIRIE, MINNESOTA WHEREAS, school counselors are employed in public, private and parochial schools to help students reach their full potential as human beings; and WHEREAS, counseling is an essential part of the educational process for students as they adjust to our very complex society; and WHEREAS, school counselors are concerned with students being better able to understand themselves, their abilities, strengths and talents as they relate to career development and awareness; and WHEREAS, school counselors acknowledge the potential and importance of every student, and believe every student possesses the capability and deserves the right to learn; and WHEREAS, school counselors endeavor to provide all students with the educational, psychological and interpersonal skills necessary to enhance the learning experience; and WHEREAS, school counselors help parents to focus on ways to facilitate the positive educational, personal and social growth of their children; and WHEREAS, school counselors accept the responsibility to challenge, direct and guide students in their pursuit of knowledge, and recognize the value of enrichment and remedial instruction as a supplemental learning resource; and WHEREAS, Eden Prairie benefits enormously from having well-educated, well- adjusted, and well-directed students who contribute to the joy, diversity, creativity, and productivity of the community; NOW, THEREFORE, I, Douglas B. Tenpas, Mayor of the City of Eden Prairie, do hereby proclaim FEBRUARY 3-9, 1991 NATIONAL SCHOOL COUNSELING WEEK in Eden Prairie, Minnesota, and urge the residents of the City to express their graitutde to the counselors in their schools. Douglas B. Tenpas, Mayor ATTEST: Jan D. Frane, City Clerk lq CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 91-20 A RESOLUTION APPROVING FINAL PLAT OF DONNAYS EDENVALE ADDITION WHEREAS, the plat of Donnays Edenvale Addition as 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 Donnays Edenvale Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 17, 1991. 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 January 22, 1991. Douglas B.Tenpas, Mayor ATTEST: SEAL John D. Franc, Clerk as 1 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Tenpas and Councilmembers THROUGH: Alan Gray, P.E.,City Engineer FROM: Jeffrey Johnson,Engineering Technician DATE: January 17, 1991 SUBJECT: Final Plat of Donnays Edenvale Addition PROPOSAL: The Developer, Sunset Homes Corporation, has requested City Council approval of the final plat of Donnays Edenvale Addition. Located north of Edenvale Boulevard,and north and west of Leslie Lane, the plat contains 4.35 acres to be divided into one lot and one outlot. Lot 1 contains 2.96 acres and will contain 16 proposed townhouse units. Outlot A contains 1.39 acres and is intended to be Phase II of a three- phase project. HISTORY: The preliminary plat was approved by the City Council September 18, 1990,per Resolution No.90-239. Second reading by the City Council of Ordinance No.36-90,Zoning District Amendment within the RM-6.5 District, was finally read and approved November 13, 1990. The Developer's Agreement referred to within this report was executed November 13, 1990. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities, streets, and walkways currently exist through this site, and with slight modification and extensions to these utilities they will adequately serve the proposed buildings. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. Donnays Edenvale Addition January 17, 1991 Page 2 of 2 BONDING: Bonding for the modifications and extensions of municipal utilities has been done in conformance with City Code. RECOMMENDATION: Recommend approval of the final plat of Donnays Edenvale Addition subject to the requirements of this report, the Developer's Agreement,and the following: 1. Receipt of engineering fee in the amount of$250.00 JJ:ssa cc: Paul Donnay,Sunset Homes, Inc. Ray Prasch, Lots Surveys, Inc. /U/ 1 CITY OF EDEN PRAIRIE ENGINEERING DIVISION -MEMORANDUM - TO: Mayor Tenpas and City Councilmembers FROM: -Alan Gray, P.E.,City Engineer THROUGH: Carl Jullie, City Manager DATE: January 17, 1991 SUBJECT: Grading Permit for Feeder's Site The Engineering Division recommends the issuance of a grading permit for the Feeder's site located in the southwest quadrant of Technology Drive and Prairie Center Drive subject to the following condition: -The recording of an amended declaration restricting filling of the property in accordance with the proposed grading plan. ADG:ssa 1 /OR . .. , , 1.. ( •t . . .• • . . . , • December 17. 1900 . .. . . Mr. Jeff Johnson 7600 Executive Drive . . ..i Eden Prairie, MN 55344 RE: GRADING PERMIT FOR WELTER (FEEDERS) SITE: Jeff: You asked for additional information regarding the application for filling and land alteration on the Welter (Feeders) site at the intersection of Prairie Center Drive and Technology Drive. The matter is on the January 2r.d agenda c.f the Watershed District so we would not expect action from the City until after it has been approved by the District. The answers to your questions fellow: 1. Enclosed is a grading plan showing the erosion control fence in place along the South and West edge of the proposed fill together with a proposed silt pc.r.d. The pond and the silt fence will be placed by the fill contractor, not yet selected. 2. The plan is designed so that the total encroachment into the flood plain remains exactly the same as what has previously been approved following the so-called "600' Lines". The 665,000 cf of storage encroachment was calculated using the "600' Lines", and simply redistributed according to the revised plan now submitted. • 3. The present owner, Ray N. Welter, Jr. wishes to take advantage of available "free" fill during the coming construction, season in order to fill and stabilize all c.f his remaining property after the MnDOT taking for the relocated Technology Drive and related improvements to TH 5. Based on experience in recent years it is likely that surplus soil will be available in the cc.tni?.g construction season if permits are in place. 4. The current restrictive covenant dealing with encroachment on the • flood plain will need to be amended before the Watershed will issue a permit. The volume encroachment will remain the same, but the description of the fill area will need to be changed to fit the new site boundaries after the highway taking. If you are aware of ether covenants, please let me know cc. that I can prepare amendments as required. 5. The entire area that is regraded or filled will be covered with at least 4" of loam, clay, or topsoil, seeded and mulched in the appropriate season when the fill is in place. If you have additional questions or further information please let me know. THE BRAUER GROUP, INC. 6 .76--ef‘"e'e'<aa-v---Donald G. Brauer, P.E. Donald c.4.Brauer,President President hh''''nn .omell 4venue.Edina,Minnesota 55424••(612)944-7533 "r=�T=R\IrFFI:l /OS ,.. 4110""= - . -.—.----- -------... 2"---i..1F,.: •V NI S.V6 e lg3d 5 t I 3173M 4 *-- ,., NI I 0 , •••••1 1 c.., • , u . a .' 1 Z411 o" v . 1 1, ‘1,04,A..//V lei • 4.(T. :•'1. /// 0 P. • 0 ••• \,,t, e- . ‘.• ""j.::./ '''' .. --\,.-; ..cla — • 1.` •-c '. ,":".../ i-v" • ° .• •.. ga'.4., 73/ . • 44 OC°E r,,s 141 ,..„.., ..,.,...... • ., • 1 ' .- ,) , s ,.. ., I't' •:' / .. _...,.,;' 0' ••---/-- Ni:i 1 .. ,---4 i . I /\ I )01, ----,______ ) ___y ,, --__y - ( ,„ •, , . .---- y i •,, :. / c.........J 7>e- • t: i\ • .. \\\ , / 4...' j 0 4 0-1 '\ . qi,.• \ '60 -1\-: tt. \ ...7 ( \ \ ) , '--,6;-.. • -., ?.. ... \ \ ,,,,,.. ,.,.- \ 'C \ \ a Z r • ',,.-.Z, } 0 1 . • :$0 ,;W' \'‘`, i 0 .2 . , s''''.1\. \• IliV, 2 .. ' .' . ; d ,1),. .n. '''• : , t . . \ \\ ..1. :.;: \./. CI 6/ •z - • \ 11 •"\\..3.4., g ..4. ,, ,..j• \ - r • A r ..--- -..:.. . r.^ — ! ' i[:i ti- IL! .11., LOAN NO. • LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF EDEN PRAIRIE FOR HIGHWAY RIGHT-OF-WAY ACQUISITION THIS AGREEMENT is entered into this^day of ,19_by and between the Metropolitan Council,hereinafter referred to as the Council,and the City of Eden Prairie, hereinafter referred to as the"Recipient." WHEREAS,the Council has been authorized by Minnesota Statutes Section 473.167 to make loans to counties,towns,and cities situated within the Metropolitan Area for the purpose of acquisition of property within the right-of-way of a state trunk highway shown on an official map when acquisition is necessary to avoid imminent conversion of such property to a use which would jeopardize the property's availability for highway construction;and WHEREAS,the Recipient, an eligible governmental unit,has applied for such a loan to accomplish the acquisition of threatened right-of-way within the officially mapped corridor for Trunk Highway 212; and WHEREAS,the Council has authorized that such a loan be made from the Metropolitan Right-of-Way Acquisition Loan Fund. NOW,THEREFORE,in consideration of the mutual promises and covenants herein and the Council's agreement to loan funds to Recipient hereunder,the Council and the Recipient agree as follows: I. Loan Funds A. The Council shall loan to the Recipient,in accordance with the schedule set forth below,a total loan amount not to exceed S135.000, B. Loan Funds shall be made available to the Recipient as follows: (1) Upon execution of this loan agreement,$130.000 shall be paid to the Recipient for acquisition of those parcels of real property described in Exhibit A,which is attached hereto and made a part hereof. (2) Upon receipt by the Council of satisfactory and complete documentation respecting Recipient's actual appraisal,title examination,and other acquisition costs,such actual appraisal,title examination, and other acquisition costs shall be paid to the Recipient; provided,however,that the amount paid for such costs shall not exceed SS.000, j. • _ 'n ,.r, , • ,. i T,,tt Iltut _ _. 2. a ft,orlard Uae of Loan P The parities agree that loan proceeds may be used only for the following purposes: A. The purchase of the parcel of land described in Exhibit A. B. The costs incurred by the Recipient for acquisition of the property as described in Exhibit A. The parties agree that no part of the loan proceeds shall be used for relocating or moving persons or property. 3, &mulling A. The Recipient agrees to establish and maintain a separate account for the loan funds made available herein and to maintain accurate and complete accounts and records relating to the receipt and expenditure of any and all loan funds. Such accounts and records shall be kept and maintained for a period of at least three years following discharge of the loan. B. The above accounts and records of the Recipient shall be audited in the same manner as all other accounts and records of the Recipient are audited,and may be audited and/or inspected on Recipient's premises or otherwise by individuals or organizations designated and authorized by the Council at any time,following reasonable notification during the loan period,and for a period of three years following final loan discharge. 4. Reports A. Acquisition Report. The Recipient agrees that upon completion of any acquisition, the Recipient will submit to the Council an acquisition report. B. Annual Report. The Recipient agrees to submit,on or before June 30 of each year during which this agreement is in effect,an annual report on the status of the loan,in a form to be determined by the Council. 5. Income The Recipient agrees to transfer to the Council,within 30 days of receipt,all net property. rents or other money received as a result of Recipient's ownership of the "Net rents"shall be defined as the total grosss rent costs re eiivfor dn from anyy maintenance,all tenants or users of the property,less the repairs,taxes,insurance,operating expenses,and attorneys'fees associated with preparing or terminating any lease with respect to the property. It is agreed that in no event shall such costs exceed 15%of gross rent. For any given payment to the Council, the Recipient may estimate the actual costs to be deducted from gross rent,provided that such estimate shall not exceed 15%of the gross rent received. Twelve months from the commencement of receipt of any rent by the Recipient from any property acquired with loan proceeds,the Recipient shall ��_� ,p ••4•arsra+..wr¢a�rTHU ITi' cuuNCIL TEL up:F_•i. -31 .cT(' n.31_ Fi+,1 76014 provide,in a form acceptable to the Council,documentation for all actual ctul costs for necessary maintenance,repairs,taxes,insurance,operating expenses, d attorneys'fees with respect to the property. Upon verification and acceptance of the documentation by the Council,the Recipient shall pay to the Council the amount,if any, determined by the Council to be necessary to adjust the estimated deduction from gross rent to reflect the actual costs. 6. General Conditfoal A. Madill The loan award specified herein shall commence on the execution of this agreement and remain in force and effect until the loan is discharged. B. Discharge, The Recipient agrees to pay to the Council,within 30 days of receipt, the amounts received by the Recipient upon the occurrence of any of the following event(s); (I) If any parcel purchased with the loan funds made available herein is conveyed to a highway authority for construction of a highway, the Recipient shall repay to the Council the amount received from the highway authority for the parcel. The amount to be repaid shall include the amount actually disbursed pursuant to paragraph 1.B.(2) attributable to the parcel. { (2) If the Council notifies the Recipient that the plan to construct the highway has been abandoned or the anticipated location of the highway has changed,the Recipient shall repay the fair market value of the property es determined by sale of the property in accordance with procedures required for the disposition of property. No such sale shall be valid without the prior approval of the Council. (3) If the property for any other reason is sold,or if the Recipient materially breaches any term of this agreement,the Recipient shall repay the amount specified in paragraph 1.B.(1)and the amount actually disbursed pursuant to paragraph 1.B.(2)of this agreement, or the proceeds received from the sale of the property,whichever is greater. The Council agrees to notify the Recipient of any such breach and to provide a reasonable opportunity to cure. The Council agrees that upon payment of the specified amount it will discharge the loan. C. interest, The loan made herein shall bear no interest. D. @eree ent and Restrictive Covenant Recipient and the Council each agree that they will execute,and Grantee agrees that it will cause to be recorded at its own expense,an agreement and restrictive covenant with reference to each parcel of land in which an interest is acquired,in whole or in part from grant proceeds. The agreement and restrictive covenant shall be substantially In the form contained in Exhibit B,which is attached hereto and made a part hereof. It is the purpose of such agreement and restrictive covenant to limit the right of the Recipient to convey or encumber land or interests in land acquired with grant proceeds without the consent of the Council,and to insure that such lands and interests therein be devoted exclusively to the state highway purposes for which they were acquired. E. Agreement to Convey, The Recipient agrees that upon the request of the authority authorized to construct the highway for which this right-of-way has been reserved,the Recipient will convey the property to the authority at the same price(including costs of appraisal and title examination)which the Recipient paid for the property. F. tigllts Reserved, In the event that the Council finds that there has been a failure to comply with the provisions of this agreement,the Council reserves the right to take any and all actions as it deems necessary or appropriate to protect the Council's interest,provided that the Council agrees to notify the Recipient of any such failure to comply and to provide a reasonable opportunity to comply. G. Amendments. The terms of this agreement may be changed or modified by mutual agreement of the parties hereto. Such changes or modifications shall be effective only upon the execution of written amendments signed by authorized representatives of the Council and Recipient. H. Compliance with Certain Laws. The Recipient agrees to comply with all applicable laws relating to nondiscrimination,affirmative action,and public purchase,contracting and employment. In particular,Recipient agrees not to discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin,and to take affirmative action that applicants and employees arc treated equally with respect to the following: employment,upgrading, demotion,transfer, recruitment,layoff,termination,rates of pay and other forms of compensation,and selection for training. )'ropgrty Rental and Maintenance, The Recipient agrees to give every consideration to rent and maintain the property(including improvements) acquired with loan funds provided hereunder in a manner compatible with the surrounding environment. A l iii , 1 THU 1.1:.-_ l E::ME T:LIPUE_1 t U_I._ TEL ..0.P12 -'1 r.5 O 420: F-r�r, IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. Approved as to form METROPOLITAN COUNCIL By Assistant Counsel David Renz,Executive Director CITY OF EDEN PRAIRIE Approved as to form By Mayor By City Attorney City Administrator By City Clerk jlmRALF.agr 19_ ILu ��.�U IFi Jr LiLI Ir!i r114. IL EXHIBIT A • Legal Description Outlot B,Red Rock Shores Addition, City of Eden Prairie,Hennepin County,Minnesota. 110 EXHIBIT B AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEMENT, made and entered into this day of , 19_,by and between the City of ,party of the first part,and the Metropolitan Council of the State of Minnesota party of the second part. WITNESSETH: WHEREAS, Party of the first part has acquired (describe here nature of interest) in the real property,described on Exhibit A attached hereto and incorporated herein; and WHEREAS, Party of the second part has contributed funds toward the acquisition of said interest in said real property pursuant to its Loan Program and a Loan Agreement with party of the first part as authorized by Minnesota Statutes 473.167; and WHEREAS, Said Loan Program was established pursuant to said law to provide for the acquisition of property within the right-of-way of a state trunk highway shown on an official map when necessary to avoid imminent conversion of such property to a use which would jeopardize the property's availability for highway construction. NOW,THEREFORE,in consideration of the grant heretofore made by second party to first party as aforesaid and in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows: No sale, lease mortgage or other conveyance,nor the creation of any easement, restriction or other encumbrance against the above-described real property shall be valid for any purpose unless the written approval of the Metropolitan Council or its successors is duly filed and recorded at the time of the filing and recording of the instrument to which such approval pertains,nor shall said real property be used for any purpose except Trunk Highway 212 unless the Metropolitan Council or its successors shall consent to such other use or uses by instrument in writing duly filed and recorded and designating the nature, extent and duration of the use for which such consent is given. This Agreement and Restrictive Covenant may be enforced by the Metropolitan Council or its successors or by any citizen residing within the metropolitan area as then defined by appropriate action in the courts of the State of Minnesota. l ,el-,.._. I' 'I-iF Trrif—iil l�;t� r:(r� -�1 _:.t7 » ry Ft^� IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. Approved as to form METROPOLITAN COUNCIL By Assistant Counsel David Renz,Executive Director CITY OF EDEN PRAIRIE Approved as to form By Mayor By City Attorney City Administrator By City Clerk pmRALF.agr III CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.91-23 RESOLUTION REQUESTING SPEED STUDY FOR SHADY OAK ROAD(CSAH 61)FROM FLYING CLOUD DRIVE TO T.H. 62 WHEREAS,CSAH 61 in Eden Prairie was designed and constructed at a time when the entire area was rural in character; WHEREAS, the rapid growth in Eden Prairie has resulted in a major transformation of the land uses along CSAH 61 to urban uses; and WHEREAS, the posted speed limit for the roadway has remained unchanged throughout this urbanization process. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council that the Hennepin County Department of Transportation is hereby requested to initiate ( appropriate safety and speed studies for CSAH 61 between Flying Cloud Drive and T.H.62 with the specific intent of lowering the speed limit to an urbanized standard. ADOPTED by the City Council of the City of Eden Prairie on January 22, 1991 Douglas B.Tenpas, Mayor ATTEST: SEAL John D. Franc, Clerk ire 1 MEMORANDUM TO: Mayor and City Council THROUGH: Bob Lambert, DirectorDi� of Parks, Recreation and Natural Resources FROM: Stuart A. Fox;Manager of Parks and Natural Resources DATE: January 17, 1991 SUBJECT: C.O.R.E. Project Proposal for Red Rock Lake The City of Eden Prairie has received confirmation of funds available for fiscal year 1991 for a pump and baffle aeration system to be installed on Red Rock Lake. This aeration system is an instrumental part of a comprehensive fish management program which the City and the Department of Natural Resources have committed to for future years. RECOMMENDATION: The Department of Natural Resources has submitted a project agreement form for approval by the City. The staff recommends that the Council accept the language of the agreement and authorize the City Manager to sign the agreement for this aeration system. SAF:mdd core/11 AIL MEMORANDUM TO: Mayor and City Council FROM: Historical and Cultural Commission DATE: January 16, 1991 SUBJECT: Application to the Minnesota Historical Society for: 1)Designation as a Certified Local Government and 2)a Certified Local Government Grant. For the past two years the Eden Prairie Historical and Cultural Commission and Restoration and Preservation Committee have pursued a designation of Certified Local Government(CLG)for the City from the Minnesota Historical Society. This designation will assist the City in preserving the heritage of the community for its current and future residents. Adoption of the Heritage Preservation Ordinance in November of 1990 was the major step in obtaining the CLG designation. The last remaining step is the submittal of the names and resumes of the 11 members of the newly authorized Heritage Preservation Commission. The Commission designation must be obtained by the middle of February, 1991 to make the City eligible for a 1991 CLG Grant. We are requesting the Council to authorize the submittal of the application and for the Historical and Cultural Commission to appoint the 11 members to the Heritage Preservation Commission as provided for in the ordinance. The application for the 1991 CLG Grant must be submitted to the Minnesota Historical Society by January 25, 1991. The Applications will be reviewed by a statewide citizen panel in March and awards announced soon after. The awarded grant projects will not begin until October, 1991 and must finish by July, 1992. The Committee and Commission are anxious for the successful submittal of a grant application because of the tremendous development of the City at this time. The grant request is for a two phase historical analysis of the City of Eden Prairie to identify historic sites in the community. The first phase will be a historical context analysis of the City to define the significant contributing themes in Eden Prairie's development,such as agriculture, the Minnesota River, Native Americans and churches. The second phase of the project is the detailed survey of the City to identify historic sites and structures. Most of this work will he completed by a certified preservation consultant who will be selected by the City through a competitive proposal process. A copy of the grant application is attached for your review. The Certified Local Government Grant is funded by the state and federal governments. The local match requirement is 50 percent. The Commission and Committee anticipate the local match contribution will be shared by local service organizations, the Eden Prairie Foundation, the City of Eden Prairie,in-kind match of City employees and donated labor of volunteers from the Committee and Commission. The Commission is requesting the following action of the City Council: /!^ Application for Certified Local Government January 16, 1991 Page 2 1. Authorize the Mayor and City Manager to submit an application by the City of Eden Prairie to become a Certified Local Government as defined by the Department of Interior/National Park Service and the Minnesota Historical Society. 2. Authorize the Mayor and City Manager to submit an application for Certified Local Government funds from the Department of Interior/National Park Service and Minnesota Historical Society. Thank you for your consideration of the efforts of the Historical and Cultural Commission and the Restoration and Preservation Committee and their volunteers. Most of the work of this project has come at the inspiration and work of the Committee and Commission members. We ask your support of our efforts to preserve the heritage of Eden Prairie. JH:mdd clg/3 i'. nip U fS ,if 1 MINNESOTA HISTORICAL SOCIETY APPLICATION FORM CERTIFIED LOCAL GOVERNMENT 10% PASS THROUGH FUNDS Send 20 Copies to: Crants Office date received Minnesota Historical Society Fort Snelling History Center Saint Paul, MN 55111 State project no. Telephone: (612) 726-1171 Federal grant no. 1. APPLICANT: 5. FISCAL OFFICER ` 'itv of Eden Prairie John Frane ame o city Name 7600 Executive Drive 7600 Executive Drive Street Address Street Address Eden Prairie MN 55344-3677 Eden PrairieMN 55344-3677 Lity Lip Lity Li P Hennepin RITAGE 6. HEIPPRESERVATION COMMIS- tounty ION `ca 2. CLG CERTIFICATION DATE: John Hensrud Pending Name 3. AUTHORIZED OFFICIAL: 19005 Pheasant Circle Street Address Signature bate Eden Prairie MN 55346 Lity Zip Ju11ie, City Marager 7. PROJECT DURATION: 10-1-91--7-31-92 r nt ame fitie 9�7 27F? 8. BUDGET SUMMARY (dollar amount) 1e epnone number applicant $ 12.300 federal funds $ 12.000 4. PROJECIT DIRECTOR: total $ 24 300 John Gertz 9. BRIEF PROJECT DESCRIPTION: Name 7600 Executive Drive A two phase project to include a Street Address historical context study, and a Eden Prairie pp1 55344-3677 historical/architectural/archaeological Lity Lip survey. 937-2262 Telephone Number Minnesota Historical Society Use Only Action taken: Dates o>;: Approved funding: approved Grants Review Federal Grant: $ Committee Action: denied Project Starting Date: Applicant Match: $ withdrawn Project Total: $ Project Completion Date: (Signature if Authorizitg Official) MINNESOTA HISTORICAL SOCIETY - CLG Grant Application Form page two 10. PROJECT AREA (please check): X Survey Evaluation National Register Nominations Local Registrations Comprehensive Planning Public Education (please specify) 11. DETAILED PROJECT DESCRIPTION: (use additional sheets as needed) Note: Applicants MUST include all information requested for the - project area checked above as outlined in Part III of this Grants Manual. SEE ATTACHED SHEETS 117 MINNESOTA HISTORICAL SOCIETY-CLG Grant Applicatin Form Page two 11. DETAILED PROJECT DESCRIPTION: (use additional sheets as needed) Note: Applications MUST include all information requested for the project area checked above as outlined in Part II of the Grants Manual. The City is requesting that it be able to complete a two phase study within the same budget year,a condition necessitated by very strong development pressure. Eden Prairie has long appreciated its history and demonstrated this with the identification and restoration of several historic sites. The community continues to enjoy these sites, but recently has recognized cultural resources lost or threatened due to development, neglect, or deterioration. With the approval of a CLG grant the City will locate and evaluate significant sites and structures,flagging them for preservation consideration prior to further development or deterioration. Phase I: Context Study The historical context study of Eden Prairie will investigate and define themes relative to the development of the City. Thematic studies will consider natural history of the area, pre-settlement and settlement periods of both Native Americans and Euro Americans. social and political development. Context themes will enable the City to accurately assess its historical resources. Phase II: Historical Sites Survey Based on the context study,the City would next conduct a historical/architectural survey, a City-wide intensive project covering approximately 23,040 acres (see Exhibit "A".) Because of rapid development in Eden Prairie at this time,we feel it is critical to identify appropriate sites and assist as soon as possible in any needed preservation. Both projects will comply with the Secretary of Interior's Standards and Guidelines as indicated in the Federal Register,September 29, 1983. City staff will provide assistance throughout both projects. Schedule: Phase I Phase II Advertise for Consultant 8-1-91 Advertise for Consultant 1-1-92 Selection of Consultant 10-1-91 Selection of Consultant 3-I-92 Begin Context Study 10-1-91 Begin Historical Sites Survey 3-1-92 Complete Study& Final Report 2-28-92 Complete Survey & Final Report 7- 31-92 • MINNESOTA HISTORICAL SOCIETY-CLG Grant Application Form Page three 12. PROJECT PRODUCTS: Phase I: A complete written report which identifies and defines each of Eden Prairie's historic contexts. Phase II: Inventory forms for all surveyed sites will be completed and include correct numeration and photographic documentation. A written report covering the entire survey will be prepared and include a map which locates each property surveyed. 13. COMMUNITY SUPPORT: The City's support of Eden Prairie's heritage began in the 1970's with the acquisition and maintenance of the Cummins-Phipps-Grill Homestead. Support continues with the purchase and life-estate arrangement of the Smith-Douglas-More House, and recent purchase of the Riley-Jacques farm. The City Council has supported the preservation of cultural resources with the establishment of the following: the Historical and Cultural Commission in 1976, the • Restoration Committee in the early 1980's, adoption of the Eden Prairie Preservation Ordinance in 1990,and the creation of a permanent part-time staff position to program heritage events in the City. Community support for preservation has deepened. Growing numbers of people are participating in yearly events held at the Cummins-Phipps-Grill Historic Site. "Graffiti Bridge"has brought the community national attention,and many residents arc now aware of the significant numbers of Dakotah burial sites in the City. Community awareness was evident in the recent front page article appearing in the Sailor(see Exhibit "B"), which reflects the community's growing appreciation, awareness and concerns. 14. PROJECT IMPACT: Both projects will yield the historical data necessary for the City Council and Heritage Preservation Commission to make the correct decisions regarding the preservation of important sites and structures. The protection of these resources is a goal, however,this same information will be used at some future time in interpretive programs and other educational activities. f MINNESOTA HISTORICAL SOCIETY-CLG Grant Application Form Page four 15. PROJECT PERSONNEL: The City will retain services of a consultant who meets the Secretary of Interior's professional guidelines. The majority of the work for both projects will be completed by the consultant. Support personnel will be Historical and Cultural Commission Chair John Hensrud,and City Historical Interpreter John Gertz. Members of the City's Historical and Cultural Commission, Heritage Preservation Committee, and the Eden Prairie Historical Society will all be available to support these projects. ra I E. • Al OF Cil O Fa a w a .0 L d U �• O 4 O CDO E.. CI CD � y l!'1 1C1 c~ c o c o mI w y L 0 m f n 1 U 0 d 7 CWQ U O V ca U O� A J a m a g E. O 0 p 0 G Z O O O w Zaq 4.V V W N - Y .. A 0 • RI E. E. E. W 0 V G D 1 N c N N N + U O 47 i - S. - S. O IX 1 + a) a) 0) P. s+ 4., • 4-, v m a c 4 • < O. f vio W .. c - a o c _ _ _ e a U M M d.o+ U • MI .0 U O X au O E. x m 0 d E W W U = - = + U y u Y. . - U O U-. N + C '.T. d Vl V1 N u . • .-.1 x r V = . 7 oav a a. + e In G 6 W z I. MINNESOTA HISTORICAL SOCIETY — CLG Grant Application Fora( Pape five 18. ASSURANCE OF COMPLIANCE wt.Ctrastattt 01 nil mulct ASSULUICI OF(OMPtlAll(E mot U.(slit uten an of MI) City of Eden Prairie (hereinafter Called"Applicant•Recipient") HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L 88-)f2) and all requirements imposed by or pursuant in the Department of the Interior Regulation (43 CFR I?)issued pursuant to that title,to the end that,in accordance with Title VI of that Act and the Regulation,no per. son in the United State, shall, on the ground of race, color,tie national origin be excluded from participa. Lion in.fie denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant.Recipient receives financial assisinlet from U.S.Department of Interior and 00000 sat. Hereby Gives Assurance That It will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant•Recipient by U.S. Department of Interior •This aasurance obligates the ever....obt. Applicant.Recipient,or in the case of arty transfer of such property,any transferee for the period during whic:s the real property or structure is used for a purpose involving the provision of similar services or bent. fits, if any personal property is so provided,this assurance obligates the Applicant•Recipicnt for the period during which it retains ownership or possession of the proprrry. In all other met,this assurance obligates the Applicant•Recipient fur the period during which the Federal financial assistance is extended to it by_ U.S. Department of Interior. s,,r,,..oat. THIS ASSURANCE is given in consideratiun of and for the purpose of obtaining any and all Federal gmnu, loans,contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant.Recipient by the bureau or office,including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant.Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements-made in this assurance, and that the United States shall he right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant.Recipient,its successors,trans- ( , and assignees,and the person or persons whose signature appear below are authorized to sign this auuunee tin behalf of the Applicant•Recipient. City of Eden Prairie, Minnesota (name of city) dated: (signature--city official) Carl Jullie, City Manager (print name and title) J Ct . tar 2t c7a 2 -8 `1 Ci- Via - > - d ,v N ^&tvv_-Cs r°. 4,, g Z �2,1 oV(L s W9ggtLase �^ �^r, �� y 5 �b. , .S�3 ..,s o 40 F.= 5 • ci/ c mEa 5 v g.1„„. .o-_' C s. d � � -� ems, o_ `E t' O,• ogg2 ,., - s.a,,,` ° a anE n — s °�3d2Ec. `�a� a` .. m ;, 3g Y��� dEA �c > i :it. ', A, �'5 �cg5_ . CI v 5 e ,stt-CO w°��� il-os g 0. vial I.`° Vl Oa52''Y� azm • 3= eillbi g' 61 ` N T-C1 m-a t N a kii r \NW om, : :''.—. csw a..4=1.2m-N'— .S8 3siR 6 ,,8zc3 $ 2 . �, m w (p N a g R j' '�a fta } f ral z et la " i V• . / • j, Li*, ..;' • 15 a ....., os URt 3. JJJ !t,k RRR VA4. .., tw- ',1,4 fht ' )-- , u t r y . ,t f 'Al.' F 5s OT w, tft ...�i ', }t . , ,r 1. 5 rT ; , -. t} r`i Its t z (', „ i ., um- „,,, o ca u 0a ' I� i gi �� ,.�u,ss , rl!:'4 ? ?', U r1. { ; .' 1�11 • I 1 9 s QJ •iii L ,• f s h°•mac_ I , . 6 r,. ' r ,r�l `739?: , O fit+ �rw, i ,t i" tt CD titoi"--1,„., .;a'at ' '"1'': ' ;; 1 4 g ir .. - 4rOt .144 4,N tfi .12, 1 g s Ct 1 O F ,,r y, kk y wJ LLB 1 • F i �'' g. ,40!?tolr 1 . 7. ir 51 4" 8 t'Z'''). iii ilia' ;.1.!3i -01 • l� `0.1';11‘k—nri , 11‘‘ ' ``.• )2 $ 1Z' \!11 a grop1 _!r @ 4 ' . ..ri p � r ♦ b' 'S, li ,,• 13_ � �. :. : 9 o.�. i'11 lfaN4 4'2 C? d74'y.` E-2" 6 b �b Eg liE a q 185g pe ;-§g t. y''�1$1v- 'f=;f - J' §b x,E=.. � Y9„ , E50 rw s 2 f-$g;, m g938 - B,.. L,' a V) 1. 1=' E'=s ir a §5; .a3 ats_v 3n S dI '21ag c ; ,w • gG` .244'' E8Ey ''r' �ays 2s- x• 9a a d-a`a C - d a'A5183 ?oqL 018§ Ea b _ F 9 y b $ • lc E- :~viFiS S bE a 4 8t=8c�4 �a/.a.>>8 EZ r . S i"S 'E 1, _ �i •^y- 'r?w fir.. l • I g. to y`.14.-% -1 8 '. ,E sx 1 !^. •t .,, 7° ,f I k ' �'1. /~�Aee,��pp� -i f{ S I A'.•.' ;i' tJ .'��•A75 1 a. y,�R^.psi(,w�M A '11 I u� .' M . k 4 r+ .m.a•. •rs., t �. V. • t�'•.'ilYi —,. , 4 i..1,-0 _ • O.ej �e i A { ,. It A ,.:,�4 ka y J4 StA+ +Hi. ,A.Nt .AY is y +.C-'.-;, i ,•, 1 •Jk,. A • a`A maE3$r: .{e.4Bdti ,e 6� 93w 3 � ti°. Wi S.. Z m s EE 1 &, d W5.e • w u� c� w¢, dE • c .28-.4 . =ve aA d E a•a'oo°g6a'E0� mw03.EE� e ,, �15:4 �.a� a. ee • ; `�audm� �R0E1 'od .: �u%� d gu9 Sroo l m °°SANEg., NE .- 5um Cy ° t.ga 6 y Q �i o�-• N :d N W G.�O U 8O.'C1 OZ R p.'.'+L 71 i'9r.'Y O gym 5 . 4., �o—B .R g - 5... z,6 gabs •50 C co'rJ 6A N VA 0 L' >„ .5 iE 'gam 0 �A $9E .a ° mma?•r, v-a vs y— 6 T•6• gm0 �e.`oFCa u 2▪ 101..52> $ 3 a eo 8'.S. '6 y C 4 m c,> a � 3 0 (21...c ELgE>A,ct•o`b=�f.5lida`.) 'SC�j'nb�s. a4gwg'C > i CITY OF EDEN PRAIRIE MINNESOTA RESOLUTION 91-25 A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS THE MAYOR HAS RECOMMENDED THE MEMBERS OF THE CITY COUNCIL TO BE THE COMMISSIONERS OF THE CITY OF EDEN PRAIRIE HOUSING AND REDEVEOLPMENT AUTHORITY. BE IT THEREFORE RESOLVED THAT THE CITY COUNCIL CONCURS WITH THIS RECOMMENDATION. ADOPTED THIS 22ND DAY OF JANUARY, 1991 DOUGLAS B. TENPAS, MAYOR ATTEST: JOHN D. FRANE, CITY CLERK Oti ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-17 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS,a resolution of the City Council adopted the 8th day of January, 1991,fixed the 22nd day of January, 1991, as the date for a public hearing on the following proposed improvements: I.C. 52-212 - (Cedar Ridge Road and Corral Lane Sanitary Sewer, Watermain, Street and Drainage Improvements) WHEREAS, ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing was held on the 22nd day of January, 199I, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: I. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvements, with the assistance of H.T.P.O., consulting engineers. ADOPTED by the Eden Prairie City Council on January 22, 1991. Douglas B.Tenpas, Mayor ATTEST: SEAL John D. Frane, CIerk ItZ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-18 • VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT ON LOT I, BLOCK 3 RED ROCK LAKE FIRST ADDITION WHEREAS,the City of Eden Prairie has certain drainage and utility easement described therein as follows: The northerly 15 feet of the southerly 20 feet of Lot 1, Block 3,recorded on the plat of Red Rock Lake First Addition,Hennepin County,Minnesota,except the easterly 35 feet thereof. WHEREAS,a public hearing was held on January 22, 1991 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easement has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: I. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on January 22, 1991 • Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-19 VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PARTS OF WILSON RIDGE AND WILSON RIDGE SECOND ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utility easement described therein as follows: That part of Lots 1 and 2, Block 1, Wilson Ridge Second Addition and that part of Lot 2, Block I, Wilson Ridge,according to the recorded plats thereof,Hennepin County,Minnesota,lying 5.00 feet northerly and 5.00 feet southerly of and parallel with a line described as follows: Beginning at the southeast corner of said Lot 2,Block I,Wilson Ridge,said corner also being common with the northeast corner of said Lot 2, Block I,Wilson Ridge Second Addition;thence southwesterly along the south line of said Lot 2,Block 1,Wilson Ridge,a distance of 488.83 feet and said line there terminating. Also, That part of Lots 1 and 2, Block 1, Wilson Ridge Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota, lying 5.00 feet northeasterly and 5.00 feet southwesterly of and parallel with a line described as follows: Beginning at the northwest corner of said Lot 2, said corner also being common with the northeast corner of said Lot 1; thence southeasterly along the common line between said Lot 1 and Lot 2, a distance of 88.61 feet and said line there terminating. WHEREAS, a public hearing was held on January 22, 1991 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easement has no interest to the public, therefore, should be vacated. NOW,THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on January 22, 1991 Douglas B. Tenpas, Mayor \TTEST: SEAL John D. Frane, City Clerk I ,j 1 JANUARY 22.1991 12103 IPMA-MINNESOTA CHAPTER CONFERENCE-HUMAN RESOURCES DEPT 42.00 12104 HOPKINS POSTMASTER -POSTAGE-JANUARY & FEBRUARY 91 COMMUNITY 1805.0(. NEWSLETTER 12105 MINNESGASCO SERVICE 14239.29 12106 NORTHERN STATES POWER COMPANY SERVICE 15743.28 12107 SUPPLEES 7 HI ENTERPRISES INC JANUARY 91 RENT-LIQUOR STORE 6725.18 12108 U S WEST COMMUNICATIONS SERVICE 1019.59 12109 DANA GIBBS SERVICE-PACKET DELIVERY 47.00 12110 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL 611.04 12111 DELEGARD TOOL CO -WRENCHES/PLIERS/BATTERIES/TAPE/SOCKETS/ 958.18 -GREASE GUNS/DRILL BITS/VALVE REPAIR/ -WELDING DRAPE/GLASS BEADS/CUTTERS/GAUGES/ -WHEEL DRESSER/VISE/SCREWDRIVER SETS- EQUIP*1ENT MAINTENANCE 12112 FEIST BLANCHARD CO -LIGHTS/LENSES/PUMP KIT/SEALS/BEARINGS/ 822.03 -BRAKE SHOES/SNOW PLOW KIT/ROTOR/CLEARANCE -MARKER LAMPS/TIRE GAUGES/BELTS/FUSEHOLDER KITS/BRAKE DISC PADS-EQUIPMENT MAINTENANCE 12113 COMMISSIONER OF REVENUE DECEMBER 90 FUEL TAX 463.60 12114 ALL AMERICAN BOTTLING CORP MIX 189.75 12115 BEER WHOLESALERS INC BEEN 2081.8C 12116 DAY DISTRIBUTING CO BEER 4546.50 12117 EAST SIDE BEVERAGE CO BEER 18754.80 12118 HOME JUICE PRODUCTS MIX 70.80 12119 KIRSCH DISTRIBUTING CO BEER 301.95 12120 MARK VII DISTRIBUTING COMPANY BEER 16641.03 12121 MIDWEST COCA COLA BOTTLING CO MIX 751.04 12122 PEPSI COLA COMPANY MIX 570.18 ( 12123 THORPE DISTRIBUTING COMPANY BEER 22805.15 12124 EAGLE WINE CO WINE 3842.49 12125 GRIGGS COOPER & CO INC LIQUOR 36686.53 12126 JOHNSON BROTHERS LIQUOR CO LIQUOR 55125.22 12127 ED PHILLIPS & SONS CO WINE 31135.92 12128 PAUSTIS & SONS CO WINE 178.80 12129 PRIOR WINE CO WINE 7232.34 12130 QUALITY WINE CO LIQUOR 19365.16 12131 THE WINE COMPANY WINE 123.68 12132 VOID OUT CHECK 040C 12133 VOID OUT CHECK 0.00 12134 HEAVENLY HAM -EXPENSES TO BE REIMBURSED-MARTIN LUTHER 40.00 KING JR PROGRAM 12135 MN DEPT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATIONS 34.00 12136 R & R SPECIALTIES INC -ZAMBONI BRUSH REPAIR & BLADES SHARPENED- 592.06 COMMUNITY CENTER 12137 BRAINERD FIRE DEPARTMENT CONFERENCE-FIRE DEPT 700.00 12138 UW-EXTENSION CONFERENCE-SEWER DEPT 12.50 12139 HOWARD JOHNSON PLAZA HOTEL CONFERENCE-SEWER DEPT 228.00 12140 AT&T SERVICE 380.30 12141 AT&T CONSUMER PRODUCTS DIV SERVICE 88.45 12142 NORTHERN STATES POWER COMPANY SERVICE 46849.32 12143 U S WEST COMMUNICATIONS SERVICE 3630.31 12144 DAKOTA COUNTY SOLID WASTE PROGRAM LICENSE TO HAUL WASTE TO LANDFILL 106.00 12145 MN CRIME PREVENTION OFFICERS ASSN CONFERENCE-POLICE DEPT 50.00 12146 MN CRIME PREVENTION OFFICERS ASSN DUES-POLICE DEPT 25.00 12147 STATE OF MINNESOTA BOOKSTORE CODE & STATUTES BOOKS-POLICE DEPT 1002.6C 31661787 t3i JANUARY 22,1991 12148 MARGARET DEHARPPORTE REFUND-SWIMMING LESSONS 17.00 12149 NANCY HANNEMAN REFUND-SWIMMING LESSONS ( 12150 STEVE LAW!! REFUND-SKATING LESSONS 29.00 15.25 12151 ROBERTA MCMASTER REFUND-SWIMMING LESSONS 15.25 12152 HEIDI SPEAK REFUND-SWIMMING LESSONS 12153 BARBARA ZAIC REFUND-DAY CAMP 14.00 12154 BIRTCHER WELSH JANUARY 91 RENT-CITY HALL 11.0010 2122 12155 HENNEPIN COUNTY TREASURER SECTION MAPS-ENGINEERING DEFT 80 12156 EAGLE WINE CO WINE 22 .78 12157 GRIGGS COOPER & CO INC LIQUOR 130878 12158 JOHNSON BROTHERS LIQUOR CO LIQUOR 5181.19 12159 ED PHILLIPS & SONS CO WINE 8987.70 12160 PRIOR WINE CO WINE 3132.90 12161 QUALITY WINE CO LIQUOR 805. 12162 THE WINE COMPANY WINE 5194.34 12183 GARY D PETERSON DONATIONS FOR FAREWELL GIFT 665.00 80.00 12164 M & H SUPPLY INC -HYDRAULIC RAM FOR SNOW PLOW-EQUIPMENT 229.60 12165 CROW WING COUNTY SOCIAL SERVICES CHI DENANCE SUPPORT DEDUCTION 12166 GREAT WEST LIFE ASSURANCE CO PAYROLL 12/31/90 129.97 12167 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 15194.76 12168 ICMA RETIREMENT TRUST-457 PAYROLL 12/31/90 1748.04148.0 12169 INTERNAL REVENUE SERVICE PAYROLL 12/31/90 12170 MEDCENTERS HEALTH PLAN INC JANUARY 91 HEALTH INSURANCE PREMIUM 32.00 12171 MN TEAMSTERS CREDIT UNION PAYROLL 12/31/90 16925.00 12172 NORWEST BANK HOPKINS PAYROLLS 12/14/90 & 12/31/90 60.00 12173 EXECUTIVE DIRECTOR-PERA PAYROLL 12/31/90 8395.52 12174 PHYSICIANS HEALTH PLAN JANUARY 91 HEALTH INSURANCE PREMIUM 33610.00 ,.2175 UNITED WAY PAYROLL 12/31/90 33199.00 12176 AT&T CREDIT CORPORATION SERVICE 19.00 12177 EDENVALE SERVICE-FAREWELL PARTY OF GARY PETERSON 1500.00 12178 A MEAT SHOPPE EXPENSES-FIRE DEFT 12179 A TO Z RENTAL CENTER -PROPANE GRILL & TANK RENTAL-HUMAN 73.14 RESOURCES DEPT 73.14 12180 AM ASSN FOR STATE & LOCAL HISTORY DUES-HISTORICAL INTERPRETATION 12181 AIRLIFT DOORS INC DOOR REPAIR-POLICE STATION 54.00 54.00 12182 AIRSIGNAL INC -JANUARY 91 PAGER SERVICE-POLICE DEPT/FIRE 393.50 DEFT/COMMUNITY CENTER 12183 AMERICAN HEAT VIDEO TAPES-FIRE DEPT 12184 AMERICAN STEEL & INDUSTRIAL SUPPL STEEL PLATE & TUBING-EQUIPMENT MAINTENANCE 180.30 12185 EARL F ANDERSEN & ASSOC INC SIGNS/BARRICADE TAPE-STREET DEFT 56.74 . 12186 DON ANDERSON HOCKEY OFFICIAL/FEES PAID 2956.74 ' 12187 ANDERSONS GARDEN -EXPENSES-FIRE DEPT/RECREATION 160.00 ADMINISTRATION 51.36 ' 12188 ANDRUS AGENCY INC SERVICE-CITY HALL SITE SELECTION 12189 ARMOR SECURITY INC -1ST QUARTER 91 SECURITY SYSTEM 155. MAINTENANCE AGREEMENT-OUTDOOR CENTER 155.100 12190 ASSN OF METROPOLITAN MUNICIPALITI 1991 DUES 12191 ASTLEFORD INTL INC OIL SEALS/CABLE/HOSE-EQUIPMENT MAINTENANCE 4090.00 ; 12192 AUTO CENTRAL SUPPLY -PAINT/SEALER/HARDENER/PAINT THINNER-PARK 2C MAINTENANCE 182.26 12193 B & S TOOLS ADAPTORS-EQUIPMENT MAINTENANCE 12194 JEFF BARBER 23.1C •2195 PATRICIA BARKER EXPENSES-LICENSE STREET DEFT 21.0C • i2196 BATTERY & TIRE WAREHOUSE INC -VALVES/MUUFFLERN RCLAMPS//BATTS EERIES-EQUIPMENT FT 84.1E MAINTENANCE 609.0E 16461960 • 12197 BECKER ARENA PRODUCTS INC SCOREBOARD CLEANING SERVICE-COMMUNITY CTR 350.00 12198 BERRY COFFEE COMPANY SERVICE-CITY HALL 1325.50 12199 BENTEC ENGINEERING CARP -DIALER REPAIR/INSTALLATION OF FLOW VALVE 5702.35 -& REGULATOR/1ST QUARTER 91 MAINTENANCE AGREEMENT-$5196-UTILIITIES DEPT 12200 BEST & FLANAGAN -SERVICE.-EXAMINATION OF TITLES-HIGHWAY 494 250.00 & ROWLAND ROAD/RED ROCK SHORES 12201 DIANE BIERBAUM SPECIAL EVENTS COORDINATOR/FEES PAID 65.00 12202 BIFFS INC -JANUARY 91 WASTE DISPOSAL SERVICE-PARK 418.00 MAINTENANCE 12203 DAVID BLACK MILEAGE-COMMUNITY CENTER 26.00 12204 BLACKS PHOTOGRAPHY -FILM/FILM PROCESSING-WATER DEPT/POLICE 222.01 -DEPT/ENGINEERING DEPT/FIRE DEPT/OUTDOOR CENTER/FORESTRY DEPT/PLANNING DEPT 12205 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 750.69 12206 TIM BLOCK BASKETBALL OFFICIAL/FEES PAID 62.00 12207 BOYER FORD TRUCKS INC -GAUGE/SPACER/PULLEYS/HOSES/BEARINGS/PUMP- 1129.36 EQUIPMENT MAINTENANCE 12208 BROADWAY AWARDS PLAQUES/TROPHIES-ORGANIZED ATHLETICS 377.08 12209 BRYAN ROCK PRODUCTS INC ROCK-STREET MAINTENANCE 397.87 12210 BSN SPORTS -BASKETBALLS/PLAYGROUND BALLS/MEGAPHONES/ 337.04 -CANOPY-AFTERNOON PLAYGROUND PROGRAM/DAY CAMP/KIDS KORNER PROGRAM 12211 NATHAN BUCK FOOTBALL & VOLLEYBALL OFFICIAL/FEES PAID 630.00 12212 BUCKINGHAM DISPOSAL INC JANUARY 91 WASTE DISPOSAL-LIQUOR STORE 113.42 12213 BRC ELECTIONS-MIDWEST REGION MAINTENANCE AGREEMENT-ELECTIONS 1106.00 12214 CAPITOL COMMUNICATIONS RADIO REPAIR-POLICE DEPT 200.90 12215 CARLSON AUTOMATIC FIRE PROTECTION REMOVED SPRINKER HEADS-POLICE BUILDING 138.27 12216 CEDAR COMPUTER CENTER INC COMPUTER SOFTWARE-PLANNING DEPT 553.00 12217 CENTRAIRE INC INSTALLED 2 HEATING UNITS-FIRE STATION 1636.00; I2218 CITY OF CHANHASSEN 1990 DUES-SOUTHWEST COMMUNITIES COALITION 2411.34 12219 CLUTCH & TRANSMISSION SER INC -WRENCH/BRAKE CLUTHES/WIPERS/HYDRAULIC 1953.22' -CYLINDERS/BEARINGS/YOKE/SHAFT/GOVERNOR/ -CLUTCH REPAIR/AIR COMPRESSORS-EQUIPMENT MAINTENANCE 12220 CLUTCH & U-JOINT BURNSVILLE INC BRAKE & CLUTCH DISCS-EQUIPMENT MAINTENANCE 82.00. 12221 COMPUTER BUYING SERVICE COMPUTER KEYBOARD-POLICE DEPT 87.00, 12222 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT 304.52 12223 CROWN MARKING INC DESK SIGN-HUMAN RESOURCES DEPT 16.6C 12224 CURTIS INDUSTRIES INC -DRILL BITS/SAWS/NUTS & BOLTS/CONNECTIONS/ 452.51 -TOOL KIT/SCREWS-EQUIPMENT MAINTENANCE/ PARK MAINTENANCE 12225 BILL DAGGETT VOLLEYBALL OFFICIAL/FEES PAID 57.0C 12226 DALCO CLEANING SUPPLIES-COMMUNITY CENTER 204.2C': 12227 DECATHLON ATHLETIC CLUB EXPENSES-MUNICIPAL LEGISLATIVE COMMISSION 6.5I 12228 DEM CON LANDFILL INC DECEMBER 90 WASTE DISPOSAL-PARK MAINT 75.0( 12229 DEPARTMENT OF NATURAL RESOURCES IRRIGATION PERMIT FEE-FRANLO PARK 50.0( 12230 HERB DEROMA -EXPENSES-EMPLOYEE LUNCHEON-HUMAN 457.5(' RESOURCES DEPT 12231 EUGENE DIETZ DECEMBER 90 EXPENSES-ENGINEERING DEPT 200.0(: 12232 DUNLOP SLAZENGER CORPORATION T-BALLS-YOUTH TENNIS PROGRAM 274.0', 12233 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 12234 E P PHOTO PRINTS-FIRE DEPT 55.9' 12235 EDEN PRAIRIE LIQUOR STORE EXPENSES-HUMAN RESOURCES DEPT 23.3 2256337 JANUARY 22.1991 12236 JOHN H EKLUND DECEMBER 90 WASTE DISPOSAL-FORESTRY DEPT 170.00 12237 MIKE ELLENZ VOLLEYBALL OFFICIAL/FEES PAID 60.0( 12238 ELVIN SAFETY SUPPLY INC CHEMICALS-POOL OPERATIONS-COMMUNITY CENTER. 128.97 12239 BRAD ERICKSEN HOCKEY OFFICIAL/FEES PAID 126.00 12240 JEFF ESS HOCKEY OFFICIAL/FEES PAID 212.00 12241 FRS CAPITAL MARKETS GROUP EXPENSES-FINANCE DEPT 3.75 12242 FIRE DEPART SAFETY OFFICERS ASSN DUES-FIRE DEPT 60.00 12243 FLAGHOUSE INC -FOOTBALLS/SOCCER BALLS/VOLLEYBALLS/ARROWS/ 650.33 -ARM GUARDS/TARGET FACES-SPORTS & SPECIAL EVENTS CAMP/DAY CAMP 12244 FLOYD SECURITY REKEYED CYLINDER-FIRE STATION 19.00 12245 FORD MOTOR CREDIT CO -FEBRUARY 91 COPIER INSTALLMENT PAYMENT- 300.00 POLICE DEPT 12246 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 1015.03 12247 G & K SERVICES -COVERALLS-WATER DEPT/TOWELS-PARK MAINT/ 1357.87 LIQUOR STORE 12248 GENUINE PARTS COMPANY -SCRAPERS/ENGINE HEATERS/DE-ICER/FUEL 5276.61: -CONDITIONER/HOSES/MIRRORS/BOLTS/BEARINGS/ -MUD FLAPS/MUFFLERS/BELTS/SCREWS/FILTERS/ • -TAIL PIPES/SEALS/STARTER ASSEMBLY/SPARK -PLUGS/SWITCHES/DISTRIBUTOR/BUSHINGS/ -CLAMPS/BATTERIES-UTILITIES DIVISION/ EQUIPMENT MAINTENANCE 12249 GIRARDS BUSINESS MACHINES INC SIGNATURE PLATES-FINANCE DEPT 249.00 12250 GNERER WELDING INC CUTTING BLADES-EQUIPMENT MAINTENANCE 399.9E 12251 GOODWILL INDUSTRIES INC DECEMBER 90 EXPENSES-SOLID WASTE MGMT 1923.00 12252 GUNNAR ELECTRIC CO INC -INSTALL RECEPTACLES/REPLACED LIGHT POLE 432.49 BALLAST-FIRE STATION/STARING LAKE PARK 12253 H & H INDUSTRIES INC CLEANING SUPPLIES-LIQUOR STORE 287.4E 12254 JIM HATCH SALES CO SNOW SCOOPS-PARK MAINTENANCE 69.7E 12255 ROGER HAWKINSON BASKETBALL OFFICIAL/FEES PAID 124.00 12256 HAYDEN MURPHY EQUIPMENT CO -REPAIR LOADER TRANSMISSION & BRAKE 9037.21 CYLINDERS-EQUIPMENT MAINTENANCE 12257 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION 51.2E 12258 HENNEPIN COUNTY TREASURER NOVEMBER 90 BOARD OF PRISONERS-POLICE DEPT 5234.7( 12259 HENN CTY DEPT OF PROPERTY TAX POSTAGE-VOTER REGISTRATION VERIFICATIONS 425.7E 12260 HENNEPIN COUNTY TREASURER FILING FEE-ENGINEERING DEPT 309.O! 12261 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 263.0( 12262 HENNEPIN PARKS SERVICE-WINTER SKILL DEVELOPMENT PROGRAM 1141.0( 12263 HENNEPIN TECHNICAL INSTITUTE SCHOOL-FIRE DEPT 480.0( 12264 HOME LUMBER -LUMBER/NAILS/SIDING/L.AMINATE-HOMEWARD 3918.7: HILLS BARN 12265 HOYT DEVELOPMENT REFUND-OVERPAYMENT UTILITY BILLING 734.7: 12266 THE IDEA BANK -SAFETY VIDEOS-PARK MAINTENANCE/PARK & 1044.4' RECREATION DEPT 12267 INDEPENDENT SCHOOL DIST #272 -ROOM RENTALS-ORGANIZED ATHLETICS/COPIES- 678.1( -HISTORICAL INTERPRETATION PROGRAM/ RECREATION SUPERVISOR 12268 INTERSTATE DIESEL PRODUCTS INC -ENGINE REPAIR/GASKETS/FILTERS/SEAL/TIRE 623.3' REPAIR-FIRE DEPT 12269 GARY ISAACS OFFICIALS COORDINATOR/FEES PAID 178.5 12270 .JAA FABRICATED REVAMPED SNOW BLOWER-PARK MAINTENANCE 1500.0 12271 .JEMS COMM!JNICATIONS FIRST AID RESCUE EQUIPMENT-FIRE DEPT 35.9 12272 CHRISTOPHER JESSEN BASKETBALL OFFICIAL/FEES PAID 186.0 12273 H MARTIN JESSEN BASKETBALL OFFICIAL/FEES PAID 186.0 3689305 C 4 JANUARY 22,1991 12274 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-CITY HALL/FIRE DEPT 12275 JOHNSON CONTROLS ' -1ST QUARTER 91 MAINTENANCE AGREEMENT- 955.0i, COMMUNITY CENTER 12276 N CRAIG JOHNSON -SERVICE-FRANLO ROAD UNIMPROVED SITE 700.00 APPRAISAL 12277 DAN N KANTAR DRAIN PAN PLUG-EQUIPMENT MAINTENANCE 16.95 12278 MARTIN LUTHER KING JR POST'ERS-MARTIN LUTHER KING JR PROGRAM 42.00 12279 DEAN KOCKELMAN BASKETBALL OFFICIAL/FEES PAID 108.50 12280 HAZARD CONTROL INC STEEL DRUMS-STREET MAINTENANCE 661.00 12281 LAKESHORE -CRAYONS/GAMES/TOYS-AFTERNOON PLAYGROUND 397.37 PROGRAM/KIDS KORNER PROGRAM 12282 LAKESIDE FUSEE CORP FLARES-POLICE DEPT 640.21 12283 LAMETTRYS COLLISION -REPAIR & PAINT POLICE VEHICLE-EQUIPMENT 855.22 MAINTENANCE 12284 SANDRA LANDUCCI GAS GRILL/EXPENSES-FIRE DEPT 243.81 12285 CINDY LANENBERG MILEAGE-FIRE DEPT 55.00 12288 LAS SANA/ARGUS LTD CANINE SUPPLIES-POLICE DEPT 47.68 12287 LEAGUE OF MINNESOTA CITIES DIRECTORY-ADMINISTRATION 33.00 12288 LEEF BROS INC COVERALLS-EQUIPMENT MAINTENANCE 172.1F 12289 L LEHMAN & ASSOCIATES INC -DECEMBER 90 LEGAL SERVICE-FLYING CLOUD 2149.01 LANDFILL 12290 LINHOFF CORPORATE COLOR PRINTS-HUMAN RESOURCES DEPT 4.81 12291 LIONS TAP AWARDS-ORGANIZED ATHLETICS 30.00 12292 LOTUS DEVELOPMENT CORP COMPUTER SOFTWARE-ENGINEERING DEPT 35.00 12293 MACQUEEN EQUIPMENT INC PLOW BLADES-EQUIPMENT MAINTENANCE 1580.00 12294 MARKS EDEN PRAIRIE AMOCO ANTI-FREEZE-POLICE DEPT 4.4C 12295 MASYS CORPORATION -FEBRUARY 91 COMPUTER SOFTWARE MAINTENANCE 1295.00 AGREEMENT-POLICE DEPT 12296 JEAN MATTIACCI VOLLEYBALL OFFICIAL/FEES PAID 45.00 12297 MBA DESKTOP PUBLISHING PLUS -TYPESETTING FLYERS-PROGRAM SUPERVISOR/ 213.8E -RECREATION SUPERVISOR/ADAPTIVE RECREATION PROGRAM 12298 MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT 74.4C 12299 MERLINS HARDWARE HANK SHOVELS-SKATING RINKS/FITTINGS-PARK MAINT 198.0E 12300 GRANT MERRITT & ASSOCIATES LTD -DECEMBER 90 LEGAL SERVICE-FLYING CLOUD 236.2E LANDFILL 12301 METRO PRINTING INC PRINTING FORMS-POLICE DEPT 1680.0( 12302 ASSN OF METROPOLITAN MUNICIPALITI DUES-CITY COUNCIL 4200.0' 12303 METROPOLITAN WASTE CONTROL COMMIS DECEMBER 90 SAC CHARGES 19602.0( 12304 MID AMERICA BUSINESS SYSTEMS & EQ BULBS-CITY HALL 19.5( 12305 MID-CO SECURITY SYTEMS INC -DECEMBER 90 SECURITY SYSTEM MAINTENANCE 329.1' AGREEMENT-POLICE DEPT 12306 MIDLAND EQUIPMENT CO SHEARED PLATES-EQUIPMENT MAINTENANCE 19.0( 12307 MIDWEST BUSINESS PRODUCTS -OFFICE SUPPLIES-ELECTIONS/CITY HALL/ 1538.3: -POLICE DEPT/OVERHEAD PROJECTOR-8700- POLICE FORFEITURE-DRUGS 12308 MN ASSN OF ASSESSING OFFICERS DUES-ASSESSING DEPT 510.0( 12309 MINNESOTA BLUEPRINT OFFICE SUPPLIES-ENGINEERING DEPT 451.5: 12310 MN CONWAY FIRE & SAFETY EMBLEMS-FIRE DEPT 64.0+ 12311 MN DEPART OF NATURAL RESOURCES SNOWMOBILE SAFETY INSTRUCTOR/FEES PAID 130.0 12312 MPPO A DUES-POLICE DEPT 660.0 12313 MN RECREATION & PARK ASSN -VOLLEYBALL TEAM REGISTRATIONS-ORGANIZED 90.0.' ATHLETICS 12314 MINNESOTA STATE TREASURER DECEMBER 90 BUILDING SURCHARGE 2902.4 12315 MSSA DUES-STREET DEPT 20.0 4307883 JANUARY 22.1991 12316 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORES 336.00 12317 MN SUBURBAN PUBLICATIONS EMPLOYMENT ADS-COMMUNITY CENTER 103.40 12318 MINNESOTA WANNER CO PRESSURE HOSES-FIRE DEPT 135.00 f. 2319 BERNADINE MORGAN EXPENSES/KIDS KORNER INSTRUCTOR/FEES PAID 522.93 i2320 MSP AIRPORT NEWS ADVERTISING-CITY HALL 225.00 12321 WM MUELLER & SONS INC SAND-PARK MAINTENANCE 28.48 12322 NATIONAL SCREENPRINT T-SHIRTS/GOLF SHIRTS-ORGANIZED ATHLETICS 331.69 12323 NATIONWIDE AD'ERTISING SERVICE IN EMPLOYMENT ADS-HUMAN RESOURCES DEPT 177.31 12324 NEATABLES INC PICTURE FRAMES-SOCIAL PROGRAMS 47.16 12325 JIM NELSON LABELS-LIQUOR STORE 220.00 12326 NORTHERN AUTOMOTIVE CORP OIL/FILTERS-WATER DEPT 26.95 12327 PAPER WAREHOUSE -PLACEMATS/PLASTIC TABLEWARE/PAPER CUPS/ 100.60 -TRAYS/NAME TAGS-HUMAN RESOURCES DEPT/ HISTORICAL INTERPRETATION PROGRAM 12328 JERRY PARNHAM VOLLEYBALL OFFICIAL/FEES PAID 45.00 12329 J C PENNEY INC UNIFORMS-POLICE DEPT 58.29 12330 PERSONNEL DECISIONS INC -NOVEMBER 90 COMPARABLE WORTH STUDY-HUMAN 200.00 RESOURCES DEPT 12331 PERSONNEL POOL EMPLOYMENT ADS-FINANCE DEPT 627.20 12332 NANCE LEE PETERSON AQUA AEROBICS INSTRUCTOR/FEES PAID 40.97 12333 PATRICIA PIDCOCK EXPENSES-CITY COUNCIL 830.00 12334 PITNEY BOWES INC -COPIER MAINTENANCE AGREEMENT-RECREATION 129.00 ADMINISTRATION 12335 PRAIRIE HARDWARE DRAWER LOCKS/KEYS/DRILL BIT-FIRE DEPT 26.35 12336 PRAIRIE HARDWARE -KEYS/KEY RINGS/SHOVELS/TAPE/BROOMS/PLIERS/ 162.51 -FLASHLIGHT/WINDSHIELD WASHER FLUID/ -SCRAPERS/SCREWDRIVER/EXTENSION CORDS/ -SPARK PLUGS/WHEEL/BATTERY/MOPE/SPONGES- COMMUNITY CENTER • '2337 PRAIRIE HARDWARE -AXE HANDLE/TAPES/WEATHER STRIPPING/NUTS & 268.93 -BOLTS/NAILS/PLEXIGLASS/PAINT/ROLLER COVER/ -CANDLE/BIRD SEED/SHOVEL/KEYS/WASHERS/ CLIPS/SNAPS-PARK MAINTENANCE 12338 PRAIRIE HARDWARE BOOT MAT/RUST REMOVER/FAN-POLICE DEPT 29.36 12339 PRAIRIE HARDWARE -HAMMERS/CALCULATOR/PAPER PLATES/VIDEO 129.52 TAPES/PAINT/BRUSHES/PUTTY-STREET DEPT 12340 PRAIRIE. LAWN & GARDEN SNOW BLOWER BOLTS-PARK MAINTENANCE 4.95 12341 PRAIRIE OFFSET PRINTING -PRINTING-EMPLOYEE NEWSLETTER-HUMAN 778.30 -RESOURCES DEPT/HOMESTEAD APPLICATION -ENVELOPES/DOOR HANGERS-ASSESSING DEPT/ SENIOR NEWSLETTER-SENIOR PROGRAMS 12342 PRENTICE-HALL INC BOOK-PARK PLANNING DEPT 37.71 12343 R & R SPECIALTIES INC ZAMBONI BLADES SHARPENED-COPALUNITY CENTER 63.2C 12344 RETAIL DATA SYSTEMS OF MN -CASH REGISTER MAINTENANCE AGREEMENT- 1052.1C LIQUOR STORE 12345 RETAIL FOOS OF MN EXPENSES-FIRE DEPT 8.0: 12346 REUTER RECYCLING INC WASTE DISPOSAL-PARK MAINTENANCE 19.92 12347 RIF.KE-CARROLL-MULLER ASSOC INC SERVICE-WASTE WATER FLOW STUDY 263.11 12348 ROBOTRONICS INC ROBOT REPAIRS-FIRE DEPT 300.0( 12349 ROGERS SERVICE ALTERNATOR REPAIR-EQUIPMENT MAINTENANCE 88.5( 12350 ROLLINS OIL CO GAS-EQUIPMENT MAINTENANCE 8728.0( 12351 RUFF-CUT MOWING SERVICE-FORESTRY DEPT 470.0(' 12352 COLLEGE OF ST THOMAS -SCHOOLS-HUMAN RESOURCES DEPT/PLANNING 3825.0( - DEPT/ADMINISTRATION/ASSESSING DEPT/POLICE DEPT 2044055 JANUARY 22.1991 12353 SANCO INC -CLEANING SUPPLIES-FACILITIES DEPT/ 471.51 COMMUNITY CENTER 12354 BETH SCHNEIDER VOLLEYBALL OFFICIAL/FEES PAID 144.00 12355 RON SCHWARTZ VOLLEYBALL OFFICIAL/FEES PAID 105.00 12356 SHAKOPEE FORD INC -HUB & ROTOR/MOTOR ASSEMBLIES/RINGS/SEAL 1439.18 -ASSEMBLY/CATALYTIC CONVERTER-EQUIPMENT MAINTENANCE 12357 SIMPLEX TIME RECORDER CO FIRE ALARM REPAIR-POLICE BUILDING 74.75 12358 JENNIFER SOPOCI TEEN WORK PROGRAM 50.60 12359 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-HUMAN RESOURCES DEPT 101.96 12360 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/HAPPENINGS- 2811.73 COMMUNITY CENTER/ADVERTISING-LIQUOR STORES 12361 SNYDER DRUG STORES INC FILM DEVELOPING/ALBUM-PROGRAM SUPERVISOR 25.46 12362 SNYDER DRUG STORES INC EXPENSES-POLICE DEPT 14.13 12363 STANDARD REGISTER -ENDORSER MAINTENANCE AGREEMENT-FINANCE 550.00 DEPT 12364 STREICHERS PROFESSIONAL POLICE EQ EAR PLUGS-POLICE DEPT 10.00 12365 SUPPLEE ENTERPRISES INC LIGHT BULBS-LIQUOR STORE 7.17 12366 SWEDLUND SEPTIC SERVICE WASTE DISPOSAL-PARK MAINTENANCE 240.00 12367 SUNSET PRINTING & SPECIALTIES CO FIRE PREVENTION SUPPLIES-FIRE DEPT 290.00 12368 VALERIE TRADER AEROBICS INSTRUCTOR/FEES PAID 75.00 12369 TRIARCO ARTS & CRAFTS INC -CONSTRUCTION PAPER/YARN/FLUFF BALLS/PAINT/ 409.01 -GLITTER/GLUE/BEADS-AFTERNOON PLAYGROUND PROGRAM/DAY CAMP/SOCIAL PROGRAM 12370 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-EQUIPMENT MAINTENANCE 174.95 12371 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 56.60 12372 UNITED STATES POLICE CANINE ASSN DUES-POLICE DEPT 125.00 12373 UNLIMITED SUPPLIES INC -PLOW NUTS & BOLTS/COUPLINGS/FITTINGS/ 654.98 WASHERS/DRILL BITS-EQUIPMENT MAINTENANCE 12374 VAN NOSTRAND REINHOLD BOOKS-PARK PLANNING DEPT 136.65 12375 VICOM INC -JANUARY 91 WIRE MAINTENANCE AGREEMENT- 7.00 COF811JNITY CENTER 12376 VIKING LABORATORIES INC CHEMICALS-POOL OPERATIONS-COMMUNITY CENTER 52.25 12377 CLARK WALKER -HOCKEY/VOLLEYBALL & BROOMBALL OFFICIAL/ 128.00 FEES PAID 12378 SANDRA F WERTS MILEAGE-RECREATION SUPERVISOR 58.65 12379 WEST WELD ELECTRODES-EQUIPMENT MAINTENANCE 95.34 12380 ROBERTA WICK MIN1TfES-CITY COUNCIL 150.00 12381 JACK L WIEBKE BASKETBALL OFFICIAL/FEES PAID 46.50 12382 WILLIAM W WIEBKE BASKETBALL OFFICIAL/FEES PAID 46.50 12383 MARIE WITTENBERG BOOKS-HISTORICAL INTERPRETATION 168.00 12384 YOUNGSTEDTS INC WHEEL ALIGNMENT/TIRES-EQUIPMENT MAINT 1016.91 12385 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-COMMUNITY CENTER 42.1E 12386 JIM ZAIC LICENSE/EXPENSES-BUILDING INSPECTIONS DEPT 95.00 12387 ZEP MANUFACTURING COMPANY -CHOKE & CARBURETOR CLEANER/SPRAYER- 119.45 EQUIPMENT MAINTENANCE 12338 MITCH ZWALENSKI BASKETBALL OFFICIAL/FEES PAID 274.5C 12389 MN DEPT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATION 5.5C 64462 VOID OUT CHECK 2102.6E 11733 VOID OUT CHECK 210.0C 538077 $614594.04 1� F DISTRIBUTION BY FUNDS 10 GENERAL 313178.24 11 CERTIFICATE OF INDEBT 80.96 15 LIQUOR STORE-P V M 159876.29 17 LIQUOR STORE-PRESERVE 95814.69 21 POLICE DRUG FORFEITURE 700.65 33 UTILITY BOND FUND 363.19 51 IMPROVEMENT CONST FD 700.00 • 73 WATER FUND 20692.60 77 SEWER FUND 20487.19 79 RALF 150.00 81 TRUST & ESCROW FUND 2543.70 88 MUNICIPAL LEGISLATIVE 6.53 $614594.04 1 I G VARIANCE REQUEST#90-37 (Appeal Information) Contents 1) Memorandum Outlining Board's Reason for Denial, Date 1-14-91 2) Approved Minutes of December 13, 1990 3) Staff Report Dated December 7, 1990 4) File Contents a) Appeal letter dated 12/27/90 b) Final Order#90-37 c) Public Hearing Notice#90-37 d) Variance Request Application e) Letter outlining reason for variance request f) Floor plan g) Letter in support of variance h) Survey i) Elevations CNTS9037.SD:bs ( MEMORANDUM TO: Mayor and City Council FROM: Steve Durham, Assistant Planner DATE: January 14, 1991 SUBJECT: Appeal of Variance Request#90-37 The Board of Adjustments and Appeals denied Variance Request #90-37 for the following reasons: 1) No unique circumstance related to the lot. 2) No hardship has been demonstrated. 3) In new construction the home design could be modified to fit the lot and meet the required setbacks. MEM09037.SD:bs 1< 1 Boft sTn-fir Rcpcei svf)Tro: Dectini?c7 7, /996 B. Request#90-37. submitted by Edward Flaherty for property located at S776 peer Path Eden Prairie. Minnesota. The request is for a variance from City Code. Chapter II, Section 11.03. Subdivision 2B. to permit a building 27.8' from a front lot line. City Code minimum front yard setback is 30'. Background-The property under variance request consideration is currently a vacant lot zoned RM-6.5 in the Basswood Terrace Addition. The lot was platted for twin home development in 1981. The lot exceeds the minimum lot size requirements for the RM-6.5 Zoning District. The site is a corner lot which requires a 30' front yard setback from Basswood Drive and Deer Path. Variance Request-The applicant plans to construct a twin home on the site. The twin home design is a Rambler style, two bedroom unit with a basement containing daylight windows. A porch located on the Basswood Road frontage side will encroach into the front yard setback by 2'2". The requested front yard setback is 27'8". The porch on the home measures 12' x 9' (108 sq. ft.). The porch has been designed to recess into the unit. Options - Options would be to design a twin home unit which fits the lot without variances. This may include a twin home design which utilizes multi-levels, thereby, reducing width of the unit. The applicant indicates the market does not support multi- level units. A second option may be to reduce the porch width by 2'2"creating a 6'8" wide porch. A third option might be eliminate the full porch and create a patio area a: grade. Patios may be within a front yard setback area. If screening the porch is an issue, the patio area may be fenced with a 6' privacy fence for privacy. A rambler style home was used to reduce height of the building and therefore living area which would face the 3-story condominium located to the west of the site. Conclusion-The variance requested may have merit if the Board can substantiate unique circumstances to this lot in support of a variance. A unique circumstance to this lot and development is that the 0'lot line was established prior to construction of units. In most twin home lots,the unit is constructed and then the 0'lot line is established. This allows for movement and accommodation of the units on the lot. In this case,the 0'lot line has already been established. Although the unit could be moved north by 2'2"to meet Code, this option is not available since the 0' lot line exists. Movement of the lot line may create other variances for lot size and width. The unit will be naturally screened from Basswood Terrace by a grade change of six feet. This grade change is covered by sumac. This grade should be preserved if the variance is approved. The Board may choose one of the following options: I. Approve Variance Request#90-37 as submitted finding unique circumstances to the property exist in support of the variance requested. Note unique circumstance f?f in conclusion. 2. Deny Variance Request N90-37 finding no unique circumstances exist in support of the variance requested. A structure may be built on site and meet Code. 9037.SD:bs /vflp,a.C� G DE4mWA /3, /990 CliPPf1oi16D) The density will be the same and by this change, the property will become less non-conforming. Freemyer seconded the motion and it passed unanimously. Renuest#90-37.submitted by Edward Flaherty for property located at R776 Deer Path, B• Eden Prairie, Minnesota. The request is for a variance from City Code, Chapter 11, Section 11.03. Subdivision 2B. to permit a building 27,8' from a front lot line. City Code minimum front yard setback is 30'. Tom Heiberg of Landsake came forward and said he was here to represent Mr. Flaherty. He is also a builder who is interested in that lot. There is a plan for the proposed construction in the packet. The lot was platted about 10 yeafs ago. They have considered the topography in the placement of the structure and also the style of the home. There is a demand for porches now in housing and they have tried to design one to fit the site. The platting of the lots has been a restriction. If the lot lines were to be changed, they would run into infringements on other lots. He is asking for a 2'2" variance to allow for a corner on the proposed porch. The elevation over Basswood Road is 12' . The porch would look over most vehicles on the road. If tha_re were no variance, the porch could only be 7' wide. This would create a hardship. If it were to be on the back side, a variance ' would be required on the rear yard.So, he is requesting a variance for a screen porch on the east side. Harvey asked if the lot was elevated on Basswood Road. Heiner said the porch would look over it. There is a fieldstone retaining wall and a heavily vegetated hillside. Johnson said that this is a small subdivision with four single family lots and five duplex lots. It is unusual that a 0 lot line was created. It has been in existence since 1981 with a 0 lot line in place. There has been a 25' setback granted for corner lots(in single family lots) . Two letters have been received in favor of the request, both dated Decmember 5th. Weeks asked if this can be constructed without a variance. Johnson said if it were moved, it would create a setback on the northern side. Possibly a different unit could be built there, but it would not be very wide. Weeks asked how long the porch would be. Heiberg answered it would be 12' long. Weeks asked why it was not extended to the end of the house. Heiberg answered that it could be, but the real problem is the width. He would like to reduce the amount of variance requested, Jut still create a structure as practical as possible. 4 Arockiasamy asked if the minimum requirement was 30' on the south side. Johnson answered yes, it was on either street frontage. Arockiasamy asked why a 0 lot line was established. Johnson said that perhaps they had some models in mind at that time that would fit the lot. It was done by the owner or developer. Arockiasamy said he recognized that it was a small variance and he is in favor of it. Akemann asked what the unique circumstances were. They are trying to place a large structure on a small lot. Heiber asked Akemann if he had visited the site. Akemann answered no, he had not. Heiberg said that as you walk south off Deerpath, the rear of the lot has a severe increase in elevation (18' ). As you look to the east, it goes up to meet the high hill in back. If they were to build a structure with the bedrooms up and the living room down, the residents would be looking out at the hill from the living room They have tried to turn the house so it would be looking out the side towards Basswood Road. These are 'the problems, but there is a chance that they can develop the property. They could use a patio instead, but the proposed situation would be pleasant and a nice three season porch setting could be created. The market today likes three season porches. He knows that the code require- ments are for a reason. From the three season porch to the road is 12' elevation difference. This would not impact the road. They would try to keep it as natural as possible so it will not be offensive. Because of the circumstances, they are trying to create a nice enviroment for the buyer. Akemann said they cannot use "marketing" or"aesthetics"as reasons for hardships to justify variances. There are ways to mitigate or eliminate the variance. He is looking for something unique. Heiberg said he felt the 0 lot line was unique. All the lots are narrow and difficult to accomodate. It would be possible to build without the variance, they would like to put the property to positive economic use. It has not been developed because of the small size and restrictions. Now, they have a plan. Freemyer asked if H3berq zould define the constriction of the porch Will it be on legs or have a cinder block base? Heiber answered that it will have post footings, not full frost footings. The height would be 1-2 feet over grade or at grade, according to the slope of the land under it at that point. s ! 1 5 Heiberg said it could be screened or an enclosed porch. Freemyer said the hardest variance to grant is for strictly new construction because of the need to cite hardship. While it has not been common to preplat lots in Eden Prairie with 0 lot lines, 1981 was not that far back as far as styles of construction. This style was suggested by the developer at that time and was approved by the Planning Commission then too. This lot was envisioned as buildable then. Maybe this is a little more construction than this lot should have. Harvey asked how many lots were in the subdivision. Johnson answered four single family lots and 5 duplex lots. There was granted a 25' setback for single family lots, but not for the duplex lots. Harvey said that the duplexes did not get waivers on corner setbacks, only the single family lots. * Bozonie arrived at 8:10. Harvey said he is looking for mitigating circumstances. If single family homesreceived the waivers to 25' at front yards, maybe the duplex lots should have had the same consideration. If the Board were to allow 27'8", they would not be changing the character of the neighborhood. Lot 14 has a curvature to the lot. If that were square, the 2'2" would not be a problem. Freemyer felt the single family setback was a mitigating circum- stance. Harvey felt this was a small percentage of a variance. Arockiasamy asked if this type of home is consistent with the area. Johnson said that there were other twin homes, most of a single story nature. The residents that have called concerning the request did not want the square footage reduced. This size would be compatible with the area. Arockiasamy asked if the builder were forced to reduce the size, will it still be compatible? Johnson said that the required lot size is 13,000 ft. for two halves. One lot is 6,300 square ft. and the other is7,500 sq. . ft. Arockiasamy said that he agreed with Harvey that the curvature has effect on the location of the house. If the porch is to be on posts, will it be open underneath? 4 1. 6 Ha berg answered yes, it would be open underneath. Arockiasamy said he felt that the hardship was that the property should be developed compatible with the surrounding area. Freemyer said that single family lots in this area were allowed 25' set back--was his understanding on this correct? Johnson answered that was correct. The lot was in a PUD. The Board does not deal with new PUD's, only returning ones. Freemyer said there was not a clear definition of hardship here other than economic. But, there are clear mitigating cir- cumstances & that it is a small variance. He c ould vote in favor of it. Bozonie said that he would rather not enter into the discussion as he was late and did not hear the entire presentation. Mr. Hoisington of 8748 Deer Path came forward and said that he was the first home to the north. Most of the homes in the area are 1800 to 1900 square feet an two levels. The neighbors have been concerned with the homes that would be built on these lots-concernedthey may be rather small. When this was proposed, they were very pleased. The neighbors support it. The lot lines cannot be changed and that is a hardship. A smaller home would net fit into the neighborhood. A thirty foot side yard setback recognizes that one has access from the street--this is not the case here. It is too steep. The neighbors are support- ive of this proposal. Akemann said this this is new construction and he has a difficult time with it when it can be eliminated by downsizing. He is concerned with a precedent for others. Weeks said that 2'2" is a small amount. But, if it is taken out of the footage of the house, is there a perceived loss of value? He does not see unique circumstances or hardship. Heiberg thenanswered that if the area were to be taken out of the home, it would need to come out of the master bedroom and would cut down the access or closet area. This invades the use and function of the property. No doubt, this is new construction, but there are unuque circumstances involved. He showed conceptual ideas and drawings. Harvey felt that there were mitigating circumstances. When this was plated under PUD, the twin home developers did not think to ask for it--they did not think ahead. Now, this builder is here to ask for this. It should have been the same consideration given to twin homes as single family homes. i Harvey continued to say that a 2'2" variance would not charge the characteristic of the neighborhood. It would not encroach any more than other homes in the area. Arockiasamy felt that strict enforcement of code would force the developer to downsize the construction which would change the characteristic and intent of the neighborhood. Weeks did not feel that would be the case if two feet was the figure being discussed. • Freemyer felt the porch could be left off all together. He doubted that the square footage of the porch had been factored into the home. Arockiasamy said that if it were decided to have the porch and adjust the house accordingly, it would affect the house. Bozonie asked if the option of a patio or detached patio have been discussed. Akemann said that porches and decks have been notched before to maintain code. He believes that is the way to do this. Harvey said that the problem is the NE corner of the porch. He suggested an angle cut or possibly eliminate the corner. Discussion of options took place between the applicant and the Board members. Harvey asked if the proponent would be willing to alter the porch. Heibergasked if this opinion was passed to the City Council. Johnson answered that if the Board were to deny the request, it can he appealed to the Council. Harvey said there was an option for continuance if Heiberg wished to study redesigning the porch. said he would like an opinion from the Board this evening, but he would study options. Freemyer said the Board should not attempt to design another porchfor the applicant. MOTION: Weeks moved that the Board deny Variance Request 90-37 citing no unique circumstances, no hardship, and that there are other ways to design the porch within the setbacks. Akemann seconded the motion. *Vote next page. Freemyer asked Weeks about the statement regarding no unique circumstances--ne cited the single family setback and the PUD. -fU • 8 Weeks answered that there were mitigating circumstances, but not unique ones. Akemann asked what the difference was between circumstances and hardships. Weeks said that one unit could be modified to meet code. * Motion passed 3-2 with Harvey and Arockiasamy opposed and Bozonie abstaining. C. request#90-38.submitted by Aonlebee's(Edward Flaherty)for nroper�v located at 4-t21 Joiner Way. Eden Prairie. Minnesota. The request is for a variance from City Code. • Chanter II.Section l 1.03.Subdivision 2B.to permit an accessory structure 0' from thcz lot line. City Code requires a 10' setback for accessory structures. Jean Osip , general manager of Applebees came forward to present the variance request. She said that the building had been built in 1989. Now, they wish to recycle bottles and card- board and it is necessary to build an area outside of the restaurant for this purpose. It will need to be located next to the driveway as there is no other area. It will be an enclosed area. Johnson said that other centers have inside/outside storage areas or combinations. All the storage units have to be rolled outside of the building to be loaded. They had tried to find a location where no variance would be necessary. The only workable location was shown on the map. There is a sketch of the refuse collector in the packet. It will be one foot from the property line if it is approved. They have met with adjoining property owners. One owner whose property is for sale was concerned about future grading. He was informed that it should pose no problem. It is not permissible to leave the recyclable materials outside. There may be similar proposals from other commercial establishments. Akemann asked if this would be a permanent structure. Osip said it would be permanent/temporary. Harvey said that the variance would be conditional. Bozonie suggested using one parking stall for the structure. Osip answered that they were below code now and they are short of parking area. Bozonie said he would be in favor of the request. 1' 1 C ti ?t l' A N t F- 5 I N t. December 27, 1990 Mayor Douglas Tenpas & City Council City of Eden Prairie 7600 Executive Drive • Eden Prairie, MN 55344 RE: Variance #90-37 Gentlemen: On December 13, 1990, the Board of Appeals and Adjustments denied Variance Request Number 90-37. I request that the City Council review the denial and consider reversing it at this time. Sincerely, LARIAT COMPANIES, INC. Edward F. Flaherty President EFF:kda I I?4fl0 ,if IL;.tr'.•Lake•SI tc'2 it.•lit'ut 1'rrl.,..•,\I.:.nS'.4•/61_194:i-t-Ate VARIANCE ;.90-37 CITY OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS FINAL ORDER RE: Petition of Edward Flaherty ADDRESS: $776 Deer Path, Eden Prairie, MN 55347 LEGAL DESCRIPTION: Lot 14, Block 2. Basswood Terrace VARIANCE REQUEST: The request is for a variance from City Code, Chapter 11, Section 11.03, Subdivision 2B. to permit a building 27.8' from a front lot line. City Code minimum front yard setback is 30'. The Board of Appeals and Adjustments for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes X No _). 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and Platting Code. 3. Variance Request #90-37 is herein Granted N/A , Denied X 4. Conditions to the granting N/A , denial N/A , of said variance are as follows: 5. This variance shall be revoked within 15 days after notice of failure to meet the required conditions has been given. 6. A copy of this order shall be forwarded to the applicant by the City Clerk. 7. This order shall be effective December 13, 1990; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 8. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF APPEALS AND ADJUSTMENTS N/A = Not Applicable BY: . . F09037 DATED: December 13, 1990 • t C CITY OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS NOTICE OF PUBLIC HEARING REGARDING VARIANCE REQUEST #90-37 TO WHOM IT MAY CONCERN: _ - NOTICE IS HEREBY GIVEN that the Board of Appeals and Adjustments _ . _ will meet at the following time and places: 7:30 PM Thursday, December 13, 1990 At the Council Chambers, 7600 Executive Drive, Eden Prairie City Hall, Eden Prairie, MN 55344 to review and consider the variance request #90-37, submitted by Edward Flaherty for property located at 8776 Deer Path. Eden Prairie._Minnesota, legally described as: Lot 14. Block 2, Basswood Terrace. The request is for a variance from City Code. Chapter 11. Section 11.03, Subdivision 2B, to permit a building 27.8' from a front lot line. City Code minimum front yard setback is 30'. Written or oral comments relating to this variance request will be heard at this meeting. Said variance application is on file for public review at the Planning Department at Eden Prairie City Hall. • Published in the Eden Prairie News City of Eden Prairie November 29, 1990 PLANNING DEPARTMENT PH9037.SD CiPtf - — CITY OF EDEN PRAIRIE VARIANCE REQUEST APPLICATION )ATE: [( /7 j qr) 'ICANT'S NAME: iDDRESS: 55_3-el<1 • LIP ?HONES: Work cf4•s ._ (404 Home REQUEST FOR VARIANCE AT: I.61— 14 (C Z t)r'' W CYlei 1ek;vac.E. '_EGAL DESCRIPTION:- ?EE: A) $75.00 - Residential - (includes building additions, decks, and Code interpretations) B) S125.00 - Other - (includes variances associated with office, industrial, commercial property and variances associated with new development/construction) REASON FOR VARIANCE: Structures Three Season Porch encroaches street setback by 2.2 Submission Requirements: I) Residential - 8 1/2" x 11" survey showing lot lines and setbacks of existing and proposed structures and location of buildings on adjoining properties. Also show building elevations, -hitectural floor plans, and pertinent topographical features such as trees, fences, berms, slopes, ponds, roads, and existing and proposed elevations, which have bearing on the iariance request. ?) Other - 8 1/2" x 11" survey showing lot lines and setbacks of existing and proposed structures. Where surveys are larger than 8 1/2" x 11", 11 copies of site plan folded to 8 1/2" ( 11" will be required. Also include landscape plan, pertinent topographical features such as :reel, fences, berms, steep slopes, ponds, roads, and exiting and proposed elevations, which save bearing on the request. • 1) Letter addressed to Board of Adjustments and Appeals, explaining nature of variance request Ind reason(s) why conformance to the literal previsions of the City's code would cause hardship. 'pplicant's Signature Fee Owner's Signature (Land Owner) Totes to Applicant: . ' The Board meets on the 2nd Thursday of the month, 7:30 p.m., City Hall Council Chambers, 7600 Executive Drive, Eden Prairie, Minnesota 55344 Applications must be filled, no later than 2nd Thursday of the month previous to the meeting date. • Notices are published in the Eden Prairie News and mailed to property owners within 50( feet. Applicants are encouraged to personally contact adjacent property owners, prior to the hearing, in order to explain the variance and to be prepared to address their' concerns at the hearing. *NOTE: SUBMIT 9 COPIES OF ANY SITE PLANS OVER 8 1/2" X 11" C < Board of Adjustments and Appeals City of Eden Prairie 7600 n:teeetive--Drive...__ Eden Prairie, Mn. 55344 Re; Lot 14 Block 2 Basswood Terrace Chairperson and i•;ewhers of Boarc. of Adjustment and Appeals; - The Guyer has redesigned the original plan so the time season porch indents into the Den or Second Bedroom to reduce the encroachment or the porch into the t;ideyard setback. Because the lot is a corner lot with two street setback requirements and the elevation of the house is approximately Ten (10) feet above the street level where the encroachment would occur it is our judgement that a variance request is justified. The home and the room sizes are of those areas adjacent to the porch are at the Buyers minimum standards as submitted. As additional inor•nation, the Buyer also looked at locating the porch at the rear of the building and determined that the rearyard setback encroachment was greater in that direction so they have settled on the current plan. I respectfully request that on behalf of the Buyer I be granted a 2.2 foot s.ideyard setback variance on Lot 14, Block 2 Basswood Terrace. Yours Very Truly; Edward F. Flaherty • i� ( ( • • to-.r+ 1 ri- . --.; \. .. l''''Ilii r; c.:3 •s^ i t p r • ° : LLt- , _,741 1 [ ii \C=1:1 ' N! 1 " , 0 0 : 4110 II I... . N C C December 5, 1990 Board of Adustments and Appeals 1'itlt..af-7-rlEw-arairia. 7600 Executive Drive Eden Prairie, MN 55344 Re: Lot 14 Block 2 Basswood Terrace Chairpersons and Members of Beard of Adjustment and Ap.,eals; We have had a dance to meet with the developer/purchaser of Mr. :laherty's lots, Mr. 'Pon Heiberg. Tom has described what he intends to do in the area and we suport his plan. Mr. Heiberg has also explained the necessity Tor a variance { and the i.aelifirati-ons that they lieve already made to the standard plan to accommodate the porch eel tniniiocize the amount of variance. We feel. that .a porch will add to the desirability of the twin home As wall as to the neiy!.bothruid in general. Therefore we world have too objections to the variance request an:; in fact Would encourage the board to approve Mr. claherty's request. on behalf of Mr. He.ibery. Sincerely, x�,/4 / �.(-.r.//.�a/ �'"f•%Ll f • S� /`1 SURVEYOR'S CE 1TIFICATE ( GENT. '.14CE 1 I 1 •r / �r1. <.W„ v 9 IL.� t[Y'•i•Jl'.•�01�15"Wj�yt .•N 1 L�tiOl2g 02 eT 52 ' 11: ' p `r. ap. 1 . /. `3 O� o o,l ', ',r� e. , • 11A 1 r v'' 'Cj . D �t • \mo OQ � a4 �S� w e \ QP . 2Z. N. °�7 t P t S. J.•sue \'5)-.i e • 1>>•h6 \� ".\ oo ShOY��a ADO. \ p�,t", \ O S e oP V� 439 Q° O ui.u: �� SEN01 MARK'. ? �0• TOP NUT ON HYDRANT AT tlA54NO0p VS/ � W. 6 DEER PATH ELEV.Otl70B k ��o• 2 \ `/ TOP NUT ON HYONANT AT THE END (� \/ r�1V/� Of Ma PATH ELEV..tl61.9y \*/ Y (1\ C./ •�Y,�\ • DENOTES PROPOSED SU FACE DRAINAGE / O DENOTES IRON MONUMENT SET SCALE 1 INCH- 30 FEET • DENOTES IRON MONUMENT FOUND PROPOSED GARAGE FLOOR- Kb•5 FEET X000.0 DENOTES EXISTING ELEVATION PROPOSED LOWEST FLOOR- 57(4 FEET (0000) DENOTES PROPOSED ELEVATION PROPOSED TOP OF BLOCK- d67 7 FEET WE HEREBY CERTIFY TO GENE MACE THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: Lots 13514, B1ock 2. BASSWOOD TERRACE, according to the recorded plat thereof, Hennepin County, Minnesota. IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS.EXCEPT AS SHOWN AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 25TH DAY OF OCTOBER .1990 SIGNE AMM�ESn..R.HILL,INC.9 BY /M �' _ JOHN C.LARSON.LAND SURVEYOR MINNESOTA LICENSE NUMBER 19828 j R• FIJarnesR. Hill, inc. omo� o No >o o atni°eo-. ; °u m m PLANNERS/ENGINEERS/SURVEYORS O I U < - 1 9401 JAMES AVE S•BLOOMINGTON.MN 55431•612-884-3029 i la A . _I I r- 1 t f �, 4. r , - P. F /.. I ili f w GC: � II{II [ 1 a 1 , f ua •� a, r:i a 'IIt") • Li 14 li I }a.,--.� 7-. ill III t v f -1 / II I\ ul.h._. IIt !,,.III w 1 \ r W S e \ I I f I I 1r-71- , 0 , : ; ;:- ,-,,..:,. ... H1 II r ., k., I I® V ,„„ ,,I :„;::..;.:,;„,„.,...,..„:,,:r.: . \ 1 I I i, H { f ,I I.:, Jil{lI I!,' \IIIil t ;,8 �:I o �\ III r Hi li al lhl, I It � .1l �lP . .: i l ,{t III i w E a ¢ LPL ' L...,„..ti., 1 i 11,„,,,,,!t,,,,,,,i:,„:,,„ 1 i 1,.,, ,,,I.,,,,,,, I L 1 • i Ell]] i.4L__ 1 Nj II �j • �( I. • LSj a t a`- t r. `j , , - E ;1 i ci,___ _ i Y m �' ! 1 0 —.. .. f-- . i e a ql ii z so { a j I I I_j # 1 •# 1 1. r' J — I I i.i `i1 If V. If 1.5 i MEMORANDUM TO: Mayor and City Council FROM: Waste Management Commission DATE: January 16, 1991 SUBJECT: Membership in Environmental Cities Coalition In December 1990 the City Council requested that the Waste Management Commission make a recommendation concerning Eden Prairie's possible membership on the Environmental Cities Coalition (ECO). This loosely- structured organization is developing model ordinances on a variety of environmental initiatives. It hopes that these initiatives will lead to state-wide environmental protection legislation. Membership in ECO carries no formal requirements. Member cities share information, develop issues, and work to increase public awareness. Decisions of ECO are not binding upon any member city, but the City would commit to participate actively in the group to the fullest extent possible. There are no dues to belong to ECO, nor any other financial commitments. Representatives on ECD are elected officials. If Eden Prairie were to be a member, a member of the Council must make a commitment to serve on ECO. Otherwise, the City should seek some sort of affiliate status. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 91-22 in order to join the Environmental Cities Coalition, and that a member of the Council be named as the City's representative to this group. • RESOLUTION NO. 91-22 A RESOLUTION AUTHORIZING EDEN PRAIRIE TO JOIN All ENVIRONMENTAL CITIES GROUP WHEREAS, the City of Eden Prairie recognizes its leadership role in protecting the environment of those people living and working within the City; and WHEREAS, the City has become frustrated with the length of time it takes the federal and state governments to act on many pressing environmental concerns; and WHEREAS, the City recognizes that there is a need for governmental bodies to act quickly on many of the environmental problems facing them; and WHEREAS, the City recognizes that local environmental initiatives often have a more immediate impact on the environment than those initiatives passed at higher levels of government; and WHEREAS, the City understands that there is a need by business, other governmental bodies, and the public for uniform regulations across the state; and WHEREAS, the City believes that one way to obtain this type of uniform regulation is to work closely with other cities in such a way as to coordinate the environmental legislation passed in these cities; and (. WHEREAS, the City also believes that this type of inter-city cooperation may act to stimulate state environmental legislation dealing with the topics addressed by the cities and in a form acceptable to the cities; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eden Prairie authorizes the City to join an environmental cities group, to participate in its decision making processes, and to share information with other group members; and BE IT FURTHER RESOLVED, that the City Council understands that, although the decisions of the group are not binding to the City, the City has a commitment to participate actively in the activities of the group to the fullest extent possible. ADOPTED by the City Council this 22nd day of January, 1991. otouughas B. Tenpas, Mayor ATTEST: John D crane, City Clerk /;✓ y. 1 MINUTES WASTE MANAGEMENT COMMISSION THURSDAY, JANUARY 10, 1991 7:30 PM, SOUTH CONFERENCE ROOM 7600 Executive Drive COMMISSION MEMBERS PRESENT: Chair Les Ellis, Cindy Adalbert, Dennis Evans, Yvonne Hargens, Fred Hoisington, COMMISSION MEMBERS ABSENT: Jan Mosman STAFF LIAISON: Assistant to the City Manager Craig W. Dawson I. CALL TD ORDER Chair Ellis called the meeting to order at 7:35 PM. II. APPROVAL OF AGENDA The agenda was approved as presented. III. MINUTES OF DECEMBER 13, 1990 MEETING The minutes of this meeting were approved as submitted. IV. UNFINISHED BUSINESS A. Articles for E.P. News The first installment in the Commission's series of articles was published in the January 10 issue of the E.P. News. Authored by Les Ellis, it focused on household hazardous wastes. Members were disappointed that Mosman's illustration had not been included. Ellis would talk with Dean Trippler of the News about this matter. The next articles are to be written by Adalbert and Evans. V. NEW BUSINESS A. Environmental Cities Coalition Council had requested that the Commission comment on whether the City should become a member of an informally structured 16-city group known as the Environmental Cities Coalition (ECO). ECO was promoting a variety of local ordinances concerning environmentally- responsible use of products. Commission members believed that the City's formal involvement in this organization was desirable. Hargens noted that all representatives on ECO were elected officials. She believed the City should join only if a Councilmember would serve on ECO. Otherwise, the City should obtain some correspondent status. A Waste Management Commission Minutes Thursday, January 10, 1991 Page Two Adalbert moved and Hoisington seconded that the City join ECO subject to the condition stated by Hargens. Motion passed 5 - 0. B. lawn Care Chemical Study Ellis will contact Dr. Steven Eisenreich, Professor of Environmental Engineering at the University of Minnesota and the speaker at one of the Commission's upcoming meetings. Hargens asked that he share information and insight to 1990 legislation which would take proactive and preventive action for water quality. C. Other Items in 1991 Work Plan 1) Commercial Recycling Commission members wished to gain more knowledge about: a) What Hennepin County is doing to ,coordinate commercial recycling and how much of this recycling is happening in Eden Prairie. b) What programs are being undertaken by the Eden Prairie Chamber of Commerce, and what is the appropirate role of the Chamber. c) What is a business doing in recycling and why/how did it begin recycling. d) What have commercial refuse haulers been doing to provide incentives for businesses to recycle. 2. Source Reduction Ellis wondered how the business sector (manufacturers and retailers) could be approached to increase their source reduction activities. He saw consumers as the victims of manufacturers when it came to product choices. Hargens thought that consumers would have to be more active and vocal to prevail in product choices. Members admitted that making headway and establishing enforcement standards would be difficult within a suburb. Members affirmed the objective established at the last meeting. 3. Weight- and Volume-Based Pricing Members wished to speak with haulers about their approaches to differential pricing for residential pricing and why there 5;) Waste Management Commission Minutes Thursday, January 10, 1991 Page Three is not a greater price differential offered in order to encourage more recycling. Members also wanted information about what may be happening with State legislation or metropolitan policies which may require such pricing. Dawson would check with the City Attorney to determine the City's ability to regulate pricing under the private waste collection system in Eden Prairie. VI. COMMUNICATIONS A. From Staff The City Council had been informed of the Commission's recommendation to sponsor Earth Day 1991 activities. VII. ADJOURNMENT The meeting was adjourned at 8:43 PM. l5b !. MEMORANDUM TO: Mayor and City Council FROM: Carl J. Jullie, City Manager[� DATE: January 16, 1991 SUBJECT: Support for Hennepin County's Efforts to Reform the Fiscal Disparities Program As per the attached letter and report of December 16, 1990 from Mr. Sivanich, the Hennepin County Board is asking for our support in their efforts to amend the metro area fiscal disparities program. The County is a substantial "loser" as well as the City. The resulting negative impact on Eden Prairie taxpayers from this program is significant. The property tax rate would be reduced by about 10%, saving the owner of a $125,000 about $214.00 if there were no fiscal disparities program. I recommend that the City adopt Resolution No. 91-2B stating the City's support of Hennepin County's efforts to reform fiscal disparities. CJJ:jdp Attachments 167 SAM S.SIVANICII PHONE CHAINMAN :rye\ 348 3082 BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS,MINNESOTA 554257 December 18, 1990 Mr. Carl J. Jullie Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Jullie: Since its implementation in 1975, the Fiscal Disparities Program has steadily grown in size and importance to local units of government. The contribution pool is approaching $300 million and most metropolitan communities have come to rely on the additional tax base and revenues the program provides. At the same time, a smaller number of communities are losing substantial proportions of their tax base and are finding it increasingly difficult to finance basic services. Many of these communities are in Hennepin County. The Hennepin County Board is concerned about the recent growth in the Fiscal Disparities program which, in 1991, will result in the export of $60 million of Hennepin County property taxes to local governments in the other six metro counties. This figure is projected to double within five years. It is not just the level of tax exports that concerns us. The program's flawed design ignores basic economic fundamentals and is inequitable in the way it treats communities. The County Board has established Fiscal Disparities reform as its top legislative priority for the 1991 session. The enclosed report, Is The Share Fair?, presents our analysis and concerns about the program and our reform proposal. On behalf of the County Board of Commissioners, I ask you to review this report and urge your Council to adopt a resolution supporting our legislative initiative and actively lobby for its passage in 1991. Sincerely, . �j� Sam S. Sivanich, Chairman cc: John D. Frane 51t How the Program Works 1 The Fiscal Disparities Program was enacted by the 1971 Legislature and implemented in 1975. It operates only in the seven-county metro region. The goal of Fiscal The goal of Fiscal Disparities is to allow all communities in Disparities is to the metro region to share in the region's growth, let everyone '' regardless of where that growth occurs. share in they`: To partially equalize the per-capita tax base among region's growth. metro-area communities,the program pools 40 percent of • all commercial/industrial(C/I)tax base growth since • • 1971. This tax base pool is taxed at a common tax rate and the resulting dollars are redistributed to taxing districts based on a formula reflecting each community's population and market value. The program is self- financing(outlays from the pool equal contributions). All taxing districts—counties,cities,school districts,and special taxing districts—participate in the program. How a certain district fares depends upon its C/I contributions to the pool and its distribution from the pool. ■ If contributions exceed distributions,the district is a The program net loser of tax base. Tax rates and individual property tames will necessarily be higher. affects taxes on residential IS If contributions axe less than distributions,the district property as well gains tax base and tax rates will be lower. as business. Although no reference is made to Fiscal Disparities on homeowners'tax bills,the program affects taxes on all • types of property—residential as well as-business. • 1159 1 2 The Program's Growth The growth of the Fiscal Disparities pool is tied directly to the growth of commercial/industrial property value in the metro area. Growth in the pool persists regardless of whether or not the increases in property values represent real development or merely inflation on parcels developed before the law was passed. The metro area's C/I value has increased more than 325 percent since 1971. As a result,the Fiscal Disparities program has played an increasingly important part in the property tax system. The figure below shows the growth of the program. Growth in the Fiscal Disparities Program 1975-1995 e,t. ► ► 300 NV O _ c 0 100 llll 75 76 n 73 79 80 81 82 83 84 85 86 87 88 89 90 et 92 91 94 95 Year IUD 3 At its current level of$305 million,the pool(contributed tax base times the area-wide tax rate)is now nearly 17 lines its size in 1975. More than 30 percent of the total C/I tax base is now contributed to the pool. About two-thirds of today's pool comes from inflation on • properties that have had no physical development since • the program was enacted. It is doubtful whether legislators in 1971 could have foreseen the role inflation would play in the program. Yet C/I tax base growth, both real and inflationary,continues to be collected and redistributed without legislative scrutiny. According to projections,the program is expected to continue its recent trend of doubling in size every five About two-thirds years--reaching nearly a half billion dollars by 1995. of the pool comes from inflation on properties that have had no physical devel- opment since the program was enacted. . / 4 Who Loses from Fiscal Disparities? At the City Level 1991 gains and losses of tax base within Hennepin County are shown at right. Of the approximately 190 metro cities and townships,35 lose tax base. Sixteen of these cities are in Hennepin County. They account for about 75 percent of all municipal tax base losses in 1991. Minneapolis loses the most in tax base--$19 million--while significant losses are experienced by Bloomington($15 million),Minnetonka($12 million),Eden Prairie($11 About 75 percent million),Plymouth($8 million)and Edina($7 million). of all municipal tax base losses in Within Hennepin County,Eden Prairie is the biggest 1991 were proportionate loser,exporting 19 percent of its effective experienced by tax base. Minnetonka loses 17 percent cmd Golden Cities in Hennepin Valley loses 16 percent. These exports cause cities to increase their tax rates by nearly the same percentage in County. order to raise tax revenue needed to supply local services. Although 30 Hennepin cities gain tax base,this does not guarantee that residents and businesses will have a smaller tax bill. Whether a property owner pays higher or lower total property taxes depends on how the program affects all the taring districts in which the property is located. Lower city taxes(resulting from a tax base gain)are more than offset by an increase in county taxes(resulting from the overall decrease in the county tax base)in 13 of the 30 Hennepin cities that gain tax base. Six other cities in the metro area are major losers of tax base(as illustrated in the figure on page 10). These are suburban communities in Ramsey and Dakota Counties, including Roseville($4,9 million),Eagan($4.3 million), Burnsville($3.8 million),Maplewood($2.8 million),Arden Hills($1.8 million)and Mendota Heights($1.2 million). 8 At the County Level • • Fiscal Disparities uses city boundaries when computing tax base contributions and distributions. Thus,the consequence of the program for Hennepin County depends on the combined effects on its cities. Overall,Hennepin will export$60 million in tax base in 1991. This loss will constitute about 6 percent of its tax In 1991,Hennepin base. As a result,Hennepin"s tax rate in 1991 will be taxpayers will nearly 6 percent higher than it would have been in the export$61 million absence of Fiscal Disparities. in taxes. The$60 million tax base loss accompanies a$61 million • Hennepin is the loss in taxes by Hennepin taxpayers. Hennepin is the Only county only county whose taxpayers have lost taxes every year whose taxpayers since Fiscal Disparities began in 1975. have lost taxes • every year since f Fiscal Disparities • began in 1975. • •1 9 The explosive growth in tax losses by Hennepin taxpayers since the enactment of the program is shown below. Projections indicate no abatement in the accelerating tax exports. Tax losses from 1991 to 1993 are expected to nearly equal the total losses from the previous 16 years. By 1995,Hennepin taxpayers are expected to export$112 million in taxes(resulting from a •tax loss of seven percent of the county's tax base),with no limit in sight. II Taxpayer Losses--Hennepin County 1975-1995 In the next three 140 years,Hennepin taxpayers are 170 - expected to lose 120 - as much to Fiscal , Est. Disparities as in ( "° - the last 16 years lc• = combined. - - - o ao - - c - Current • _ • 0 Law - 70 - - - 50 4) 1 II it I 20 10 °-- 1 I I I MI II I 75 76 77 78 79 80 81 82 JU 84 85 86 87 BB 89 90 91 92 93 94 95 t Year 1'�I I 10 Who are the Winners? t ' By 1995, St. Paul is At the City Level expected to import The figure below shows the pattern of metropolitan tax nearly $50 million base redistribution resulting from the Fiscal Disparities (10 percent of its Program. St.Paul is the largest gainer in 1991.importing tax base)from $24 million in tax base. Hennepin County. St. Paul is expected to continue importing substantial amounts of tax base. Its projected gains of$50 million in 1995 are expected to constitute 10 percent of its total tax base and will far exceed those of the second largest importer,South St. Paul,expected to import$6 million in tax base. 1, 1 Fiscal Disparities i 1991 Tax Base GAIN OR(LOSS)IN TAX CAPACITY Gains and Losses in R re 524319 W:� the Metro Area r SI G000i 5,000OW Ids ,"" PM I, "... WI 5100 001-SI COO ON LJ$I91 GOO (WO 0001 A• B IS10000011 ISI OW 000i [.. . , m Is'000001Ii5i000C001 jig3r .ISS CM 004(500091:5 i.ylLL 4 pl d y , }- r£it•.,y. fir' t, h{M.- . .m 1` `tom" .r?i L__ iihilli ;J . C7 a - `to J 1 11 At the County Level The figure below illustrates the relative amounts of $y 1995, Hennepin County's tax base exported to each of the other metropolitan counties. Ramsey County will be the Hennepin County largest beneficiary in 1991,with a gain of$22.6 million, tax base exports followed closely by Anoka County,which will gain$21.9 are expected to million. account for 20 Anoka and Ramsey counties are expected to remain the percent of Anoka largest gainers in 1995,with Ramsey's$49 million of tax COttri}y`s tax base imports putting it ahead of Anoka County's imports base. of$35 million--a sum expected to account for 20 percent of Anokas tax base. These imports of tax base,coming primarily from Hennepin County taxpayers,are subsidies to the other metro counties,allowing them to lower their county tax rates without reducing revenues. By 1995, Dakota County is expected to join Hennepin as a net loser of tax base. • .1991 EXPORTS Hennepin County's • .1995 EXPORTS Fiscal Disparities Tax ANOKA Base Exports--1991 and 1995(projected) NOTE. THE SHARE OF THE TOTAL TAX BASE EXPORTED IS EQUAL TO THE PERCENT OF HENNEPIN COUNTY'S AREA CONTAINED IN THE CIRCLES HENNEPIN COUNTY'S TAX BASE IS ASSUMED TO BE EVENLY O. DISTRIBUTED THROUGHOUT THE COUNTY RAMSEY 0 HENNEPIN O® z •® CARVER 1 ; DAKOTA SCOTT — — Lit • - -1 12 What's Wrong with Fiscal Disparities? Inflation forces The size of Hennepin's loss is not the main concern. Fiscal cities to share Disparities'real problems are features of its design that more tax base redistribute tax base in excessive and unfair ways. even when . Among the biggest of these problems are the following: there's no real I The program shares inflationary as well as real C/I development. growth. Inflation guarantees that cities will share an increasing portion of their C/I tax base even if there's no real,physical development. The chart below describes the situation in 1990. Nearly two-thirds of the shared tax base pool is estimated to • come from inflation of properties that were fully developed by 1971. If the effects of inflation on C/I parcels developed after 1971 were included,the inflation- • based part of the pool would be even larger. ' 1990 Fiscal Disparities Pool: Real and Inflationary Growth • Real Growth 38% Inflationary Growth 62% 13 Developed C/I properties cue real community resources. Sharing C/!growth due to inflation results in the loss of a portion of these(inflation-adjusted)resources that would otherwise be available to local governments to support local services. This may mean that local tax revenues do not keep pace with rising service costs. It also directly vio- lates the first objective of the Fiscal Disp crities Act: 'to pro- vide a way for local governments to share in the resources generated by the growth of the area, without removing any resources which local governments already have." • The program ignores the fact that differences exist among communities in the amount of local tax effort Hennepin's crime needed to meet needs for service,public safety and rate and public infrastructure. assistance case- Minneapolis has a relatively high tax rate and loses tax loads are much base under the program. Yet Minneapolis has a far higher than the greater proportion of people requiring social and other rest of the area-- services than other metro cities. In 1989,Hennepin yet Hennepin is 'ounty's serious crime rate was 45 percent higher than the the only county test of the metro area. Its per-capita public assistance losing tax base. caseload was more than 50 percent higher. Nevertheless, Hennepin remains the only county exporting tax base. ■The 40 percent contribution rate,which determines the overall scale of the program and the sue of tax base gains and losses,is arbitrary and excessive. This rate results in substantial losses of tax base for developing communities such as Eden Prairie(19 percent) and Minnetonka(17 percent),which are experiencing significant infrastructure needs. It also has caused Minneapolis to lose 6 percent of its effective tax base (expected to reach 9 percent by 1995)at a time when the costs of meeting educational,public safety and other service needs are accelerating. Low-income residents in any city losing tax base will bear a disproportionate share of the resultant tax hike because they spend a higher proportion of their income on housing. • `'nneapolis,having the greatest numbers and percentage low-and moderate-income families in the metro area,is hit particularly hard by this problem. 14 Improving the Program • The Hennepin County Board of Commissioners has endorsed a proposal to limit the size of the tax base contribution pool to its 1991 level of$291 million. This can be accomplished by adjusting the contribution rate. All other elements of the program would remain unchanged. If revised in this manner: I The high contribution rate would be reduced over time. ■ The relative position of'winners"and'losers'would remain unchanged. Those communities which would be'winners'under the current system would continue Limiting the size of to gain tax capacity under the proposed system. The same is true of'losers.' Contributions to and the pool will mean distributions from the pool would continue to be made a fairer plan for using the current formulas and would vary in response sharing tax base. to changing regional development. • Should Hennepin County's C/I growth continue to surpass that of the other metro counties,its tax base losses will continue to increase. 15 The graph below illustrates the impact of this proposal. It is not a perfect solution and does not address all of the program's problems. However,it will provide a feasible mechanism for change and will result in a more equitable plan for sharing metropolitan tax base. Taxpayer Losses —Hennepin County 1975-1995 11s 130 120 110 - ,Est• .: l 9 lao • 90 o = • o • so Current • 70 - Law • Est 2 60 ''Constant Poo! • 50 60 w — • 20 10 • l l l l I l 1 I I I1 l lilt 75 76 77 78 79 80 si 82 8.3 84 85 es 87 s8 89 90 91 92 93 94 95 • Year 170 MENIORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources — DATE: January 4, 1991 SUBJECT: Review of the Draft Regional Recreation Open Space Development Guide/Policy Plan from the Metropolitan Council The Metropolitan Council has provided the City with a 71 page draft of the Regional Recreation Open Space Development Guide/Policy Plan,and will hold a public hearing on Tuesday,January 22nd,at 11 a.m. and receive written comments until February 5, 1991. Staff have attached copies of the overview or summary of this updated plan, as well as several key portions of the plan for your information and review. Staff also offers the following comments and recommends the City submit a letter for the record regarding these comments. REGIONAL TRAIL CORRIDORS: Page 66 of the plan depicts the regional trails recommended for the 1990 system plan. This plan depicts a fairly extensive trail system following the Mississippi River and several loops connecting trails and parks in Ramsey County and Northern Hennepin County. It also depicts one possible extension from Minnehaha Creek through Richfield to Bloomington. The railroad right-of-way comprising much of this trail corridor may be for a light rail transit line,which may or may not eliminate the corridor as a recreational trail. City Staff recommend connections of several critical links to the trail system in the southwest quadrant of the metro area. The plan addresses "joint use corridors" for future light rail transit and recreation trails and indicates that these corridors"offer potentially excellent opportunity for the regional trail system to expeditiously acquire links that would otherwise have to be assembled on a parcel by parcel basis." It also points out that there are two potential problems with joint use corridors. The first is a situation where the surplus corridor is wide enough to accommodate both a permanent use as a light rail transit right-of-way and permanent use for trail recreation purposes. In these cases, differences between the transportation use and the recreation use must be worked out so that both types of activity can become permanent, valuable additions to the metropolitan area. A more difficult situation occurs when the corridor right-of-way,on a permanent basis,can accommodate either light rail transit or trail recreation,but not both of then. "Since light rail transit is in the early planning stages, it may well be a period of years or even decades before light rail transit actually puts a claim on a particular corridor. It is fairly common to suggest that in the interim, • _-I Review of Draft January 4, 1991 Page 2 the corridor be used for recreational trail purposes." Obviously,if the facility has been used for a recreational trail for many years it will be difficult and unpopular to convert from a recreation to a transportation use in the future; therefore, it is important that it be done with a clean understanding that a recreation trail may be only a temporary use. RECOMMENDATION: With the recent acquisition of the Chicago Northwestern Railroad right-of-way by Hennepin County, the regional trail in Scott County connecting Murphy-Hanrehan Park to Cleary Lake Park to the trail along the Minnesota River Wildlife Refuge Area would come within approximately one mile of Chicago Northwestem right-of-way. City staff would recommend requesting the Metropolitan Council to review the possibility of designating the Chicago Northwestern corridor as either a permanent or temporary regional trail corridor from the Scott- Hennepin trail, northeast to Hopkins, then easterly to Bryant Lake Park. Staff would further recommend that the Metropolitan Council consider planning for a trail connection from Hyland- Bush-Anderson Lakes Regional Park Reserve northwesterly to Bryant Lake Park, and from Bryant.Lake Park northwesterly to the Luce Line Trail north of Lake Minnetonka. If these trail connections were able to be made,the remaining"critical link"would be to connect a trail from the Luce Line easterly to the regional trail that borders Clifton E. French Regional Park. The requirements for designating regional trail corridors are that the trails provide a critical link in the total regional trail system plan and that they provide access to,or traverse regional parks or park reserves, and that they intersect with existing or planned local trails, and that they traverse interesting developed areas. These proposed trail corridors would meet all of this criteria. Please refer to the regional trails plan how these new trail corridors would connect with the trail corridors proposed in the 1990 System Plan. BRYANT LAKE REGIONAL PARK: Bryant Lake Regional Park has been proposed for development within the regional park system since the early 1980's. Each time the recommendation for funding from the Suburban Hennepin Parks District gets cut by the Metropolitan Council, Bryant Lake Park development is delayed. The draft Recreation Open Space Plan suggests additional funding for "redevelopment" of existing parks, as well as development of new parks. Many of the older parks that have been designated regional parks in Minneapolis and St. Paul are simply wearing out and require significant funds for redevelopment. Eden Prairie staff are concerned that the redevelopment of these older parks will now be higher priorities than developing Bryant Lake Park and may continue the delay of developing this very important regional park. r i�: Review of Draft January 4, 1991 Page 3 RECOMMENDATION: City staff recommend the Council go on record as supporting and encouraging the immediate development of Bryant Lake Regional Park. The City of Eden Prairie spent a lot of effort acquiring this park for public use in the 1970's,and we have been extremely patient in waiting for the development of adequate facilities. If this park had remained an Eden Prairie Community Park, it would have been developed years ago. City staff would further recommend the consideration of a trail corridor connecting Bryant Lake Park north to Lone Oak Park in Minnetonka, although this trail may be considered a Minnetonka responsibility by the Metropolitan Council when considering criteria for a regional trail corridor. OVERVIEW: The Parks, Recreation and Natural Resources Staff concur with the major recommendations of the proposed Regional Recreation and Open Space Policy Plan as summarized in the attached overview. BL:mdd draft/11 • Policy 3 The priority rating for acquiring park and park reserve lands identified an acceptable master plan for the regional system through purchase with regional funds is as follows: I. Lands essential to protect the natural resources that define a park or park reserve and make it usable to the public as planned. 2. Lands considered essential for the park or park reserve to reach its full regional service potential as defined in the Council's system plan. 3. Lands that do not meet criteria in one or two above that are currently on the market at acceptable terms. 4. Other lands identified in approved master plans. Issue 4:Acquisition Priorities for Recreational Trails The 1990-1994 Minnesota Statewide Comprehensive Outdoor Recreation Plan(SCORP)notes that trail recreation is becoming increasingly important,and the interest and demand for more trails are being felt at all levels of government. Some of the reasons given for this increased interest in trail recreation are that it is a healthy form of exercise for people of all age groups,suitable for all levels of physical conditioning;can be carried out by families,groups or individuals;and is often available close to home. Another important criterion,not in the report,is that there is little need for a heavy financial outlay to acquire any special equipment or supplies and generally no admission charges are encountered. Demographic forecasts tend to further accentuate the growing importance of trail recreation. Significant growth during the 1990-2010 period is expected to come in the number of those aged 45 to 65. While many of these people may feel that they cannot or do not want to participate in more vigorous contact sports,the vast majority of them will be capable of walking,hiking or riding a bicycle along a trail. Strong emphasis on exercise and keeping fit well into advanced age will act as a further stimulus to trail development. There are many local trails in the Metropolitan Area,and a number of well-developed trails and walkways are located within the confines of larger regional parks and park reserves. There are relatively few freestanding regional trails. In 1990,there were seven such regional trails developed or in some stage of acquisition/construction. Three of these were in Minneapolis,one shared by Minneapolis and St.Paul,and there was one each in Scott County,north suburban Hennepin County and southern Anoka County. Trails in Minneapolis and St.Paul and the one in southern Anoka County arc in the fully developed area;the other two are on the fringes of suburban development. Survey data indicates that recreational trails in the Metropolitan Area are used most by people who live nearby or can reach the trail in a short driving time. These conclusions may be somewhat skewed because the best developed regional trails are in heavily built-up sections in Minneapolis and St. Paul. It does indicate that urban residents will make use of the trails provided they are available nearby. The lead criterion used to define regional parks and park reserves is also relevant to the location of a regional trail. This criterion is the presence of high-quality natural resources. In some ways • I2 this is even more relevant to trails than it is for parks or park reserves because the walk or bicycle ride;along with the opportunity to observe the adjacent land,is the prime recreational experience. Attractive settings contribute strongly to the quality of trail recreational experience. Such features as hills,bluffs,ravines,and heavily wooded areas that are visible from the trail add greatly to its interest. Perhaps the leading resource element here as in the case of the parks and park reserves,is nearby water. With trails,the focus is on views and the nearby presence of the water not on its use specifically for swimming or fishing. Since trails are linear elements,areas along rivers and streams or chains of lakes are excellent candidates for incorporation into the recreational trail system. Because user surveys indicate that recreation trails draw heavily from nearby areas,an important criterion is to concentrate on the acquisition of more trail corridors in the metropolitan urban service area,where over 90 percent of the population resides. In this urbanized area,attention should be given to both high-quality natural resources and,in the fully built-up areas,to major manmade or developed resources as welL The interesting man-made or developed resources include historical and architectural buildings and sites,educational facilities,cultural facilities,and major public and private buildings. The recreational trail system in the Metropolitan Area might be likened to the highway system with regional and local components. The regional component consists of trails in the regional recreation open space system,along with state-administered trails. This system is complemented by shorter local trails,which may eventually feed into units of the regional system. The opportunities for interesting trail recreation experiences are substantially enhanced where local trails intersect with or are reached by elements of the regional system. Therefore,another criterion for designation of regional trails is the existing or likely possibility of intersecting the d' local trail system. Past recreational trail policy has stressed the importance of using trails to link together regional parks and park reserves. Perhaps a better criterion is to have regional trails pass through or provide easy access to parks and park reserves. The access to the parks or park reserves provide trail users with parking,rest room facilities,safe drinking water and other amenities usually not available along the trail. To retain the key criterion of traversing areas of high-quality natura! resources and still provide access to parks and park reserves means in many cases the trails will have to take a rather circuitous pathway rather than following the shortest line between two parks or park reserves. However,the trail recreation itself is a perfectly legitimate end,and the quality of this experience should not be diminished merely to provide the shortest link between elements of the parks and park reserve system. Policy 4 Trail corridors that go through some land in the metropolitan urban service area(MUSA) are preferred over trails that have their entire route in the rural service area(RSA). Corridors to be considered for trail acquisition must traverse substantial areas of high quality natural resources or provide a critical link in a trail that meets this criterion. Once the natural resource criterion is met,acquisition priorities are 1. Provide access to/or traverse regional parks or park reserves; 2. Intersect with existing or planned local trails;and 13 Therefore,a project that does not qualify for inclusion in a current CIP has the opportunity to qualify again within two years or less. Adopted CIPs become part of the policy plan. The final distribution of funds for the regional recreation open space system should be guided by the priority levels assigned to individual projects in the CIP;however,priorities have not been assigned in every CIP. As funding becomes more scarce,priorities arc essential. Policy 9 Council-administered funds for acquisition and development go only to projects included and ranked by priority in an adopted capital improvement program(CIP). Funding will be consistent with the established CUP priorities. Projects are eligible fur inclusion in a CIP only if they are included in a master plan that has been found to be consistent with the policy plan. Issue 10:Joint Use Corridors Occasionally existing linear space previously used for railroad or road transportation become available for new uses. This is particularly true of the railroads where rights-of-way are no longer required for service. The two most likely new uses for these corridors at the present time are recreational trails and light rail transit. The availability of these corridors offer potentially excellent opportunities for the regional trail system to expeditiously acquire links that would otherwise have to be assembled on a parcel-by- parcel basis. All surplus corridors put on the market should be evaluated for their suitability as additions to the regional trail system. If the available corridor traverses an area with high-quality natural resources or it constitutes part of a link in a more extensive regional trail system,there is interest in acquiring the trail for use as part of the regional recreation open space system. In some cases,available corridors do not provide any linkages,nor do they offer any potentially interesting trail recreation experience. In these cases,the regional recreation open space system has little interest in acquisition or use of the corridor. However,where either the linkage or natural resources criterion,or both are met,two potential problem situations occur. First is a situation where the surplus corridor is wide enough to accommodate both the permanent use as a light rail transit right-of-way and permanent use for trail recreational purposes. Such areas arc of substantial interest to the regional recreation open space system. it is hoped that differences between the transportation use and the recreation use can be amicably worked out so that both types of activity can become permanent,valuable additions to the Metropolitan Area. Planning,development and management arrangements will have to worked out,however,between the various interests involved. A more difficult situation occurs when the corridor right-of-way,on a permanent basis,can accommodate either light rail transit or trail recreation,but not both of them. Since light rail transit is in the early planning stages,it may well be a period of years or even decades before light rail transit actually puts a claim on a particular corridor. It is fairly common to suggest that,in the interim,the corridor be used for recreational trail purposes. For recreational interests,this poses somewhat of a gamble. The possibility always exists that the eventual conversion of the corridor to light rail transit will not occur and,presumably,the corridor will be available for permanent recreational uses. However,it is also possible that light rail transit will eventually want 22 1')Cj to claim the facility after a period of several years has elapsed. If the facility has been used as a recreational trail,it's entirely possible that it will have become quite popular and be viewed as a • permanent part of the regional trail system. The regional park system will experience a substantial dislocation and deprivation if one of its links is suddenly removed from the system. Public opposition over conversion from recreation to transportation use is also very likely. If the recreation system and the transit system are to take this gamble,it must be done with the clear cut understanding that trail recreation may be only a temporary use. No significant long-term recreation investment will be made in the facility unless it is designated as a long-term recreational resource. Policy 10 L. Regional recreation open space funds should not be used for acquisition or development of any corridor identified for future light rail transit use in a Council-approved transit implementation plan unless there is prior agreement to replace the link with transit funds when light rail transit is installed,or the Metropolitan Parks and Open Space Commission advises the Council that loss of the link will not adversely impact on the overall viability of the regional trail system. In cases where light rail transit or other uses and trail recreation are to be permanent partners in the use of the corridor,regional recreation open space system funds will be used only for that part of acquisition and development attributable to trail use. Issue 11: Agency System Plans Master plans are very important to regional recreation planning because,like implementation plans for sewers and transit, they link together the policy plan and the funding process. • Legislation requires counties and park reserve districts to prepare plans and associated annual budgets and to revise and resubmit the plans to the Council"from time to time." These rather limited directions have been incorporated into a body of interpretation and practice. The Council currenily(1990)requires all the implementing agencies--which it has designated to own,develop and operate regional areas--to prepare master plans and to submit them for review and action. Master plans are required from three cities as well as from six counties and one park district. A separate master plan is submitted for each park,park reserve,trail and special use facility under the jurisdiction of each implementing agency. There is no regularized procedure for complying with the legislative directive to revise and resubmit masters plans from time to time. A plan is revised when the implementing agency submits it to change its original proposal for acquisition or/and development,or when it has developed significant additional detail. The specific content requirements for the system master plan,as set by law,are fairly minimal. On the other hand,the requirements established over the years for individual master plans for each park.park reserve and trail are quite detailed. Review and revision of these detailed individual property master plans are demanding in staff time,both at the Council and the implementing agencies. Also,reliance on the individual detailed master plan means the Council does not have a single reasonably current system-wide plan for all the entities under the jurisdiction of each implementing agency. It is possible that an agency system plan with a level of detail much less than that called for in individual master plans.but greater than a mere listing of locations and acreages,could be agreed 23 • County trail. All of the trail proposals are entirely in the metropolitan urban service area. See Figure 3 for trail corridors'general location. New trails are: Fridley to Ramsey in Anoka County Long Lake Regional Park to Keller Regional Park in Ramsey County Downtown to Lilydale Regional Park in St.Paul and Lilydale Phalen Regional Park to River Blvd.in St.Paul Minneapolis Central Riverfront Regional Park to North Mississippi Regional Park(West • Bank in Minneapolis) Minneapolis Central Riverfront Regional Park to North Mississippi Regional Park(East Bank in Minneapolis) Minnchaha Creek to Bloomington(Minneapolis-Richfield-Bloomington);the railroad right- of-way comprising much of this trail corridor may be selected for a light rail transit line A long-range regional trail system should include additional corridors especially in the fully developed and the developing suburban areas where there are few existing or proposed facilities. A more complete regional trail system plan will be incorporated into the policy plan prior to its . next major scheduled review and revision in 1994. The Council will consider the addition of the potential Burlington railroad trail extension through Washington County to the Chisago county line and the C&NW railroad right-of-way from Hwy. 169 west to Hwy.I-494 in Plymouth as trail elements in the System Plrs. Short-Term Acquisition and Development/Redevelopment The detailed recommendations for short-term acquisition and development/redevelopment are found in the capital improvements program(CIP),which is a legislatively required component of the policy plan. The current CIP covers three biennium;1990-1991, 1992-1993 and 1994-1995, with some additional material for 1996 and beyond. The CIP,included in this policy plan,was adopted in Jan. 11,1990,so it does not reflect any of the system plan recommendations new to • 39 Figure 3 • REGIONAL TRAILS RECOMMENDED FOR 1990 SYSTEM PLAN El Existing Regional Parks/ Park Reserves immin Regional Trails Recommended in 1985 Policy Plan as Amended dike B George •••• New Units Recommended for 1990 Policy Plan c ANOKA CO. 0000 Recommended for 1990 Policy Plan Pending Decision on Possible LRT Routing •• (- Stan Traits •• ti•� 1 %KXX 'trsists r "ssd • e `1 WASHINGTON CO HENNEPIN CO. • fl ,.„,.., 4`,• RAMSEI••CO x • • ,..„....„ X • C X 4r �p SL ' o Lake z �MPS• <�� j Minner lc ‘. 1.c3 CV k ISAlci, ksC o CARVER CO. '1 ton 8 x r-u- > 1 SCOTT CO. DAKOTA CO. r A 0 10 20 Miles 66 /'C Figure 2 TWIN CITIES METROPOLITAN AREA REGIONAL PARK SYSTEM ACRES TO BE ACQUIRED, JULY 1990 • (Based on Approved Master Plans) ANOKA •Rum&Mr Central 246 Elm Crnk 36 A Bunker Hills 95 Cso�+-H�• 10 • Noah Hennepin• •Coon RapiEi Darn 14 Big Monroe 1,727 Trail 30 • Eagle Lake 13 TelLanB B�dle. Lake Rsbecca 87 • H E N N E P I N •lake t�ae Lake 22 Lake Sarah 8 I.Bake 47 North Cray-Yadnais <1 lmanthppi 39 RAMSEY WASHINGTON J Lake Minnetonka 298 1a4 Mnauaonka- Carnal•l�� _ Big Island 75 Mississippi St.Paul • Riwfronr 83 •Beale Creek/ Brywu Lake 17 l r t Indian Mounds 97 ® Carom 147 Hyland.Bush- Hidden Falb. Noahon Dako a I Al Anderson 39 Crosby faun 9 Trait 102 CARVER Cottage oK- •Ltbanon • Rewe Owe- Tara tI Scoa-Hamepin• Hatt 144 Geary Lake 3 All Springy 406 Isl......"_......__Lyi j . Murphy-Hmu►han 416 SCOTT L DAKOTA Miesntle A er Raw 956 iI 0 5 10 15 20 Mil** Lake ByOaby 199 Acres to be Acquired.July 1990 1,000 500 � 100 01(Ij ! 10 or less I 65 I f`i I . UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Jan. 7, 1991 D. Review of Draft Regional Recreation Open Space Development Guide/Policy Plan from the Metropolitan Council Refer to memo dated January 4, 1991 from Bob Lambert, Director of Parks, Recreation and Natural Resources. Lambert said that the Metropolitan Council has provided the City with a draft of the Regional Recreation Open Space Development Guide/Policy Plan. Written comments must be submitted by February 5. Lambert suggested that the City recommend that the Metropolitan Council review the possibility of designating the Chicago Northwestern corridor as either a permanent or temporary regional trail corridor from the Scott- Hennepin Trail, northeast to Hopkins and then east to Bryant Lake Park and also consider planning for a trail connection from Hyland-Bush-Anderson Lakes Regional Park Reserve northwest to Bryant Lake Park and from Bryant Lake Park northwest to the Luce Line Trail north of Lake Minnetonka. Baker asked what type of trail is recommended. Lambert said it would be a hiking and biking trail and could be used for cross country skiing. Baker said he does not see the need for this to be an asphalt trail. Richard asked when the railroad will be removed. Lambert said it should be done next spring. In addition, staff recommends the City Council go on record as supporting and encouraging the immediate development of Bryant Lake Park. It is felt that this park would have been developed years ago if it had remained an Eden Prairie community park. MOTION: Joyer moved to recommend approval of staff recommendations regarding the Regional Recreation Open Space Development Guide/Policy Plan. Karpinko seconded the motion and it passed 4-0. MEMORANDUM TO: City Council FROM: Douglas B. Tenpas, Mayor DATE: January 22, 1991 SUBJECT: City's Housing & Redevelopment Authority City Attorney Roger Pauly has advised that Minnesota Statutes prescribe the process for members to serve on the City's Housing & Redevelopment Authority. That process stipulates that such appointments are made by the Mayor and thereafter confirmed by the City Council. Accordingly, I herein appoint the following persons to serve as the City of Eden Prairie's Housing & Redevelopment Authority: • Mayor Douglas B. Tenpas Councilmember Richard Anderson Councilmember Jean Harris • Councilmember H. Martin Jessen Councilmember Patricia Pidcock Their terms as members of the Housing & Redevelopment Authority shall be coincident with their terms as Mayor and Councilmembers. DBT:jdp • CITY OF EDEN PRAIRIE, MINNESOTA RESOLUTION NO. 91-25 A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING & REDEVELOPMENT AUTHORITY WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie Housing & Redevelopment Authority (HRA); and WHEREAS, the Mayor has appointed the members of the Eden Prairie City Council, to-wit: Richard Anderson H. Martin Jessen Jean Harris Patricia Pidcock Douglas B. Tenpas to serve as the commissioners on the Eden Prairie HRA; NOW, THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments made by Mayor Tenpas. ADOPTED by the Eden Prairie City Council this 22nd day of January 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk