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Home My WebLink AboutCity Council - 04/16/1991TUESDAY, APRIL 16, 1991 COUNCILMEMBERS: CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock 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 PRESENTATION OF PROCLAMATION DECLARING APRIL 21-27 1991 AS DISABILITY WEEK IN EDEN PRAIRIE -TResolution No. 91-88) DISCUSSION WITH REPRESENTATIVES OF HENNEPIN PARKS I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY APRIL 2 1991 III. CONSENT CALENDAR A. Clerk's License List B. Award Contract for Portable Engine-Generator Set I.C. 52-215 C. 2nd Reading of Ordinance No. 11-91 Regarding Dumping Household Refuse in Public Trash Receptacles D. Arbor Day Proclamation (Resolution No. 91-89) E. Request by Jim Osberg, 6879 Alpine Trail for Land Alteration Permit to Excavate Wildlife Pond in Backyard Page 732 Page 733 Page 737 Page 746 Page 747 Page 720 Page 748 Page 749 F. Authorize Application for Permit to Connect to Metropolitan Waste Page 751 Control Facilities in Hedquist AdditTOTT-TResolution No. 9147- G. Approve Easement Agreement for Masters Property on Beach Road H. FAIRVIEW MEDICAL HEALTH CLINIC OF EDEN PRAIRIE by Fairview Hospital and Healthcare Services. 2nd Reading of Ordinance No. 9-91, Zoning District Change from Rural and 1-2 to Office on 2.9 acres; Approval of Developer's Agreement; Adoption of Resolution No. 91-90, Authorizing Summary and Ordering Publication of Ordinance No. 9-91; Adoption of Resolution No. 91-59, Site Plan Review on 2.9 acres for construction of a 15,200 square foot medical health care clinic to be known as Fairview Medical Health Clinic of Eden Prairie. Location: East of Prairie Center Drive and south of Technology Drive (Ordinance No. 9-91-PUD-3-91 - Zoning District Change; Resolution No. 91-90 - Authorizing Summary and Ordering Publication; Resolution No. 91-59 - Site Plan Review) Page 754 Page 758 City Council Agenda April 16, 1991 Page Two I. TIMBER LAKE DRIVE TOWNHOMES by The Pemtom Company. 2nd Reading of Ordinance No. 8-91, Zoning District Amendment within the RM-2.5 Zoning District on 2.11 acres with variances to be reviewed by the Board of Appeals; Approval of Developer's Agreement; Adopt Resolution No. 91-91, Authorizing Summary and Ordering Publication of Ordinance No. 8-91; Adopt Resolution No. 91-53, Site Plan Review on 2.11 acres for construction of 16 townhouse units in 4 buildings to be known as Timber Lake Drive Townhomes. Location: Northeast corner of Timber Lake Drive and Island Road. (Ordinance No. 8-91 - Zoning District Amendment; Resolution No. 91-91 - Authorizing Summary and Ordering Publication; Resolution No. 91-53 - Site Plan Review) J. BLUFFS WEST 9TH ADDITION by Hustad Development Corporation. 2nd RIO-Fig of ORTnance No. 32-90-PUD-11-90, Zoning District Amendment within the RI-13.5 Zoning District and Zoning District Change from R1-22 to R1-13.5 on 14.16 acres with shoreland variances to be reviewed by the Board of Appeals; Adoption of Resolution No. 91-92, Authorizing Summary and Ordering Publication of Ordinance No. 32-90-PUD-11-90; 25 single-family lot, 3 outlots and road right-of- way. Location: North of Bluestem Lane and west of Bennett Place. (Ordinance No. 32-90-PUD-11-90 - Zoning District Amendment and Zoning District Change; Resolution No. 91-92 - Authorizing Summary and Ordering Publication) K. BLUFFS EAST EIGHTH ADDITION by Hustad Development. 2nd Reading of Ordinance No. 39-go, Zoning District Change from Rural and R1-22 to R1-13.5 on 3.5 acres; Adoption of Resolution No. 91-93, Authorizing Summary and Ordering Publication of Ordinance No. 39-90; 15 acres into 8 single family lots. location: Bluffs Road between White Tail Crossing and Wild Duck Pass (Ordinance 39-90 - Zoning District Change; Resolution No. 91-93 - Authorizing Summary and Ordering Publication) IV. PUBLIC HEARINGS A. YEAR XVII CDBG by the City of Eden Prairie. Adopt Resolution No. 978-J, Approve Program for Year XVII COBG Funds and Authorize its Submittal: Adopt Resolution No. 91-84 - Amending Year XVI Statement of Projected Use of Funds. (Resolution No. 91-83 - Approving Program for Year XVII COBG Funds, Authorizing Submittal; Resolution No. 91-84 - Amending Year XVI Statement of Projected Use of Funds) B. REQUEST FOR REFINANCING MULTI-FAMILY HOUSING REVENUE BONDS FOR TANAGER WEK IN THE AMOUNT OF $10,400,000 V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS A. Revenue Bond Fees (Resolution No. 91-105) Continued from April 2, 1991 Page 765 Page 772 Page 781 Page 787 Page 795 Page 796 City Council Agenda April 16, 1991 Page Three B. Request for Approval for Refinancing Multi-Family Houg Revenue Bonds for Tanager reek—in the Amount of $10,400,000 (Resolution No. 91114) C. Resolution No. 91-87 Providing for a Reduction of the Interest Rate on the TriCor Industrial Development Bond D. EATON INDUSTRIAL ADDITION by The Eaton Corporation. Adopt Resolution No. 91-79, Preliminary Plat of approximately 47 acres into 2 lots with variances to be reviewed by the Board of Appeals to be known as Eaton Industrial Addition. Location: 15151 Highway 5. (Resolution No. 91-79 - Preliminary Plat) VII. PETITIONS REQUESTS & COMMUNICATIONS A. Singletree Plaza Development Proposal - Request for Comments from Councii—Fiiarding Variance from Building Floor Area Ratio of .20 to .24 B. Request from Don Atkins VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS, & COMMITTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers B. Report of City Manager 1. Funding for Video Equipment C. Report of Planning Director 1. Discussion of Changes on Screening of Trash Areas D. Report of Director of Public Works I. Options for Seal Coating Trails 2. Approve layout Plan No. 4A for T.H. 2I2/Prairie Center Drive Interchange, I.C. 51-348—TResolution No. 91-77) 3. Award Contracts for Materials Bids I.C. 52-226 (Resolution No. T1791) 4. Award Contract for Hydrant Painting, I.C. 52-211 (Resolution No. 91-95) 5. Award Contract for Street Striping, I.C. 52-227 (Resolution No. 9146) 6. Award Contract for Diesel Crack Sealer, I.C. 52-220 (Resolution No. 91-97) Page 802 Page 809 Page 811 Page 817 Page 822 Page 824 Page 834 Page 851 City Council Agenda April 16, 1991 Page Four 7. Award Contract for Eden Hills Neighborhood Street and Utili t y Trvements, f13-2:712-Tkiso1utIon No. 91-98) 8. Award Contract for Valley View Road Improvements, I.C. 52- 2 2 1 TT-Z-31-272A) -solution No. §T-39 XI. OTHER BUSINESS XII. ADJOURNMENT RESOLUTION NO 91-88 roclantatiott DISABILITY ACTION WEEK APRIL 21 -27. 1991 WHEREAS: Many individuals with disabilities ar e l i v i n g independently in our community and are participating In ed u c a t i o n a l , s o c i a l , r e l i g i o u s and recreational activities; and WHEREAS: A significant effort is being made Statewide and Nationwide to eliminate barriers for persons who are d i s a b l e d i n t h e a r e a s o f employment, housing, transportation, education, and public accomodations: and WHEREAS; City officials and school administrators d e s i r e p u b l i c a w a r e n e s s a s to the issues and concerns facing persons who are disa b l e d : a n d . WHEREAS: Residents of our community need to take action to elimin a t e the remaining barriers facing persons who are disabled: and WHEREAS: The Governor of the State of Minnesota, and each of the South Hennepin communitiles, are proclaimin g D i s a b i l i t y A c t i o n W e e k i n recognition of the contributions indivi d u a l s w h o are disabled make within the State and the communities i n which they live: NOW, THEREFORE, I, (Natne) (Entity) do hereby proclaim the week of April 2 1 - 2 7 , 1 9 9 1 a s DISABILITY ACTION WEEK in . Mirther, I urge all residents of our City to be more open and attentive t o t h e n e e d s a n d a b i l i t i e s of persons with disabilities. Dated this day of , 1991. (Signatt ire) (Title) ') ;2, MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources--- DATE: April 11, 1991 SUBJECT: Council Discussion with Members of the Suburban Hennepin Regional Park District Board On Tuesday, April 16, James White, Park District Board representative for Eden Prairie, and Judith Anderson, Park District Board Chair and representative from Bloomingon, along with Doug Bryant, Hennepin Parks Superintendent, will meeting with the City Council to discuss Hennepin Parks issues impacting Eden Prairie. Attached to this memorandum is a March 22, 1991 letter from Doug Bryant addressing the three major issues affecting Hennepin Parks. The purpose of this memorandum is to provide the City Council with a brief background on some of the issues the Council members may wish to discuss with Board members on the 16th. BRYANT LAKE PARK: Rowland Road Improvements: On Monday, April 8th staff from Hennepin Parks met with City staff to discuss cost sharing of improvements for Rowland Road. Staff members from both governmental agencies are in agreement as to the approximate assessment amount and the timing for payment of the assessment. Hennepin Parks representatives have been very supportive of this road improvement project and are willing to pay their share up front in order to encourage initiation of this project. Hennepin Parks staff have been consistent in their support for the development of Bryant Lake Park. James White has also indicated a strong commitment to the development of Bryant Lake Park as soon as possible. Trails Serving Bryant Lake Park: An 8' asphalt trail along the northeast side of Rowland Road is proposed with the Rowland Road improvements. This trail will provide safe pedestrian and bicycle access from residential subdivisions on the north and east side of Rowland Road to the major access to Bryant Lake Park. Hennepin Parks supports the trail connection from Beach Road to the northern portion of Bryant Lake Park through the Hanley property also owned by Hennepin Parks, and across International School property. International School has consistently indicated they would not willingly sell Council Discussion with Members of Suburban Hennepin Regional Park District Board April 11, 1991 Page 2 a trail easement in that location. Hennepin Parks staff have indicated a willingness to join the City of Eden Prairie in a joint effort to accomplish this trail connection whenever the City wishes to initiate that project. City staff have recommended that project be initiated in conjunction with the development of the first phase of Bryant Lake Regional Park improvements. Bryant Lake Public Access: Mr. Bryant has indicated in his March 22nd letter that due to the hours of operation of Park District Regional Parks their access to lakes cannot be defined as a public access by the DNR allowing DNR participation in development of access improvements; therefore, the Park District will be funding the access improvements, which will be completed sometime this spring. ANDERSON LAKES PARK RESERVE: Although the consultant has recommended that the nature center serving the Hyland/Bush/Anderson Lakes Park Reserve be eventually moved from Hyland Park to Anderson Lakes Park, that decision has not been made by the Board as yet. The Park Reserve District is committed to providing public access and trails to this very sensitive park reserve; however, the location of the access to this park will be determined by the City of Eden Prairie and Hennepin County based on safety issues, as well as impact on the environment. Parking is presently accommodated in the parking lot at the Preserve Shopping Center and some wood chip trails have been developed in the park at this point. Hennepin Parks will continue to work with the City regarding the future development of this park reserve. Ms. Anderson, Mr. White and Mr. Bryant will be in attendance at the April 16th meeting to discuss these issues and address any questions Councilmembers may have regarding the Regional Park District. The Board members are seeking direction and support from the City Council regarding development of Bryant Lake Regional Park, as well as other issues that affect the operation of regional parks in Hennepin County. BL:mdd hennpark/bob 1991 - leer nt the Welland. in Hennepsn Parks RENNEPIN ARKS Suburban Hennepin Regional Park District 12015 Cower load 9 80, 4)320 Plyrnoetn. MN 55447-0320 Telephone (012) 559-9000 en (612)550 -3287 March 22, 1991 Mr. Robert Lambert, Director Parks and Recreation City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Bob, Thanks for hosting the Task Force meeting. Your efforts are greatly appreciated. As a follow up to our discussion Wednesday, please note: Rowland Road Imorovementt: Recently, members of the Eden Prairie City Council have been contacting the Metropolitan Council and Parks and Open Space Commission to seek support for development funding of Bryant Lake Regional Park. Accordingly, before our Board considers its capital improve- ment program for the next five years and determines whether or not Bryant Lake Regional Park will be included, the Park District would like a written response to my letters dated May 3, 1990, and August 17, 1990, sent to the attention of the Eden Prairie City Manager, with regard to the cost sharing of improvements for Rowland Road between the City, Park District, and residents. Certainly, this assessment issue and timing of Rowland Road improvements will be a significant part of the Board's discussion on whether or not the Bryant Lake Regional Park development project will be implemented in the next five years. Hennepin Parks will be addressing its capital improvements program in mid-April; therefore, your immediate attention to this matter would be appreciated. Board of Commissioners Judith S Anderson Chair lPoonensatOn Mcholos P 10100 VICO Choir Brooklyn Center Susan Nelson Bow, Crystal Shirley A Bonine Maple Pk,. David J 0OrnarOwSkt St Louis Park BM Well Edina James M While Orem) kglas Bryant enntendent & cretary loin. Board ° ELYAllt.lalie_i_Uni..C_Access: On February 7, 1991, our Board of Commissioners authorized the purchase of concrete planks and related material, as well as proceeding with the upgrading of the Bryant lake Regional Park Public Access. Hennepin Parks explored the Minnesota Department of Natural Resources' participation on this project as suggested by one of your City Council members; however, based on a fundamental disagreement on how the Park District's accesses should be operated, we have elected to proceed with the improvements without DNR participation. The planks have been ordered, and we expect work to be completed sometime this spring. RECYCLED PAPER - Conserving Our Resources - 2 - Anderson Lakes Park Problem with the National Park Service: You may recall that in 1987 the Park District received a letter from the Minnesota Department of Trade and Economic Development (MDTED) stating that the National Park Service (NPS) had made a post completion, on-site inspection of the property purchased through the LAWCON program at Anderson Lakes (administered by the City of Eden Prairie). This letter indicated that the Park Service inspection of the project revealed that the land acquired with LAWCON assistance on Anderson lakes had not been developed for any public outdoor recreation use pursuant to plans submitted by the City of Eden Prairie. Eventually, this matter led to a public meeting on June 13, 1990, with residents of the City of Eden Prairie to review Hennepin Parks' plans regarding proposed improvements by the Park District to Anderson Lakes initiated to satisfy concerns raised by MDTED and NPS. Since the public meeting and conclusions reached by the City, the County, and Hennepin Parks. the Park District has not been able to put this matter to rest due to continued disagreements with the National Park Service (letters attached). We plan to continue pursuit of the resolution of issues with MDTED and NPS. Once accomplished, we would like to coordinate a communication to residents of the area, bringing them up to date. At this time, I would like to emphasize that the Park District is committed to providing further access to Anderson Lakes and will pursue implementation of environmentally sound improvements at some point in the future, as associated with the adopted Master Plan. I trust that residents of the area understand the proposed plans and potential future developments. Since several of our Commissioners will be meeting with the Eden Prairie City Council on April 16th and, in addition, our Board will be considering its capital improvement program on April 19th, I believe that any resolution of issues should take place as soon as possible. Accordingly, the Park Distric t staff is available in the immediate future for further discussion with City representatives. Sincerely, 4 Douglas F. Bryant Superintendent DFB:ghd . Enclosures 1973S TIME: LOCATION: COUNCILMEMBERS: CITY COUNCIL STAFF: EE_N__P__WRIE CITY COUNCIL UNAPPROVED MINUTES 7:30 PM Tuesday, April 2, 1991 City Hall Council Chambers, 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, Patricia Pidcock and H. Martin Jessen 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 Present: Douglas Tenpas, Richard Anderson, H. Martin Jessen, Patricia Pidcock Absent: Jean Harris PRESENTATION OF THE POLICE & FIRE DEPARTMENTAL COMMENDATION TO JOAN JOHNSON A commendation was presented by Mayor Tenpas to Joan Johnson for her clear thinking, quick actions, and an outstanding lifesaving effort in administering CPR to a neighbor who was in cardiac arrest. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock moved, seconded by Anderson, to approve the agenda. Jullie requested that Item III.D. on the Consent Calendar, Award Contract for Portable Engine-Generator Set, I.C. 52-215 (Resolution No. 91-75) be continued to April 16. Jullie also requested the addition of Item X.B.2, Quality and Productivity Conference, and X.B.3, Quality Customer Service Consultant. Agenda approved as amended 4-0. IL MINUTES A. .apssial City Council Meeting held Tuesday, February M 1991, MOTION Jessen moved, seconded by Pidcock, to approve the Minutes of the Special City Council Meeting held Tuesday, February 26, 1991. City Council Minutes 2 April 2, 1991 Motion approved 4-0. B. City Council Meeting held Tuesday, March 19, 1991 MOTION Jessen moved, seconded by Pidcock, to approve City Council Meeting Minutes of Tuesday, March 19, 1991. Motion approved 4-0. III. CONSENT CALENDAR A. Clerk's License List B. Release of SpeciA Assessment Agreement between the City and Hestia Hpmes, Inc. for the Construction of Valley View Road through the Prairie Knolls Subdivision C. Award Contract for Street Sweeping, I.C. 52-222 (Resolution No. 91- 76) D. Award Contract for Portable Engine-Generator Set, 1.C. 52-215 (Resolution No. 91-75) (Continued to April 16, 1991) E. Authorize May and CitY Manager to Execute Agreement and Restrictive Covenant for Each of 4 Properties Purchased through the Metropolitan Right-of-Way Acquisition Loan Fund F. TIMBER BLUFFS by Brown Land Company. 2nd Reading of Ordinance No. 50-88-PUD-14-88, Rezoning from Rural to PUD-14-88-R1-22 on approximately 4 acres, from Rural to PUD-14-88-41-44 on approximately 15 acres; Approval of Developer's Agreement; Adoption of Resolution No. 91-86, Authorizing Summary and Ordering Publication of Ordinance No. 50-88-PUD-14-88; 44.4 acres into 14 single family lots, and 2 outlots. Location: Southeast Eden Prairie, south of Riverview Road, west of County Road 18, and east of Huntington Drive. (Ordinance No. 50-88-PUD-14-88 - Rezoning; Resolution No. 91-86 - Authorizing Summary, Order Publication) G. Receive Petition and Order Feasibility akid_y for 52-189, Braxton Street and Utility Improvements (Resolution No. 91-85) MOTION Anderson moved, seconded by Pidcock, to approve the Consent Calendar as amended. Motion approved 4-0. City Council Minutes 3 April 2, 1991 IV. PUBLIC HEARINGS A. Order Improvements a.p_sl Preparation cif Plans and Specificcilions for LC. 52-205 (Street and Utility Improvements on Sunrise Circle) Resolution No. 91-78. Jullie said notice of the Public Hearing was mailed to pro p e r t y owners in the project area and published in the March 21 a n d M a r c h 28, 1991, issues of the Eden Prairie News. He also said a neighborhood meeting had been held on March 25, 1991, t o i n f o r m property owners about the project details. Alan Gray, City Engineer, presented the details of the p r o j e c t w i t h the use of maps and charts. He said the total cost for t h e s t r e e t improvements and storm sewer was estimated at $219,61 4 . T h i s amount could be assessed to 28.15 units with $7,801 ass e s s e d t o e a c h unit of property. He pointed out that several properties h a d t w o units of scheduled assessments because it was believed t h e properties had subdivision potential. He said the cost for the sanitary sewer was estimated at $2 3 5 , 0 0 0 , benefitting approximately 40 residential units. $58,941 w o u l d b e assessed to the Mason Homes property, making the unit r a t e assessment for the remainder of the properties $4,417. Gray further stated that the cost for an outlet for the storm sewer was $46,680, which would mean a $1,167 assessment to eac h p r o p e r t y unit. He said the total cost for the water main would be $ 1 0 0 , 1 8 4 ; $3,578 per unit assessment to 28 units. He also pointed out that there would be approximately $1, 7 0 0 i n additional fees to be paid to the City at the time connect i o n t o t h e water and sewer system plus $1,500-3,000 for a plumbing c o n t r a c t o r to make the connection. He said plans for scheduling the project were as follows: ( 1 ) P l a n s prepared and available for Council approval by May 21; (2 ) O p e n i n g of bids approximately June 14; (3) Contract awarded appro x i m a t e l y June 18; (4) Special Assessment Hearing held in the fall o f 1 9 9 1 ; (5) Hook-up to the system could be made in November, 19 9 1 ; ( 6 ) F i n a l completion of the project in 1992. He said this project w o u l d b e merged with the Staring Lane project into one construct i o n c o n t r a c t , with two separate divisions for accounting purposes. He pointed out the City share of the project would be $2,000 per unit because assessments to each of the homestead lots i n t h e neighborhood would be $17,000, or $2,000 over the asses s m e n t c a p for homestead property of $15,000. Pat Hartell, 9140 W. Staring Lane Parkway, asked if the a s s e s s m e n t s would be deferred completely until the street was devel o p e d . G r a y 7?(4 City Council Minutes 4 April 2, 1991 said that assessment, with interest, would be deferred until development. Hartell said she objected to the deferment with interest because there would not be any usage. She suggested that a hook-up fee would be more equitable. She would like consideration of her request because she was unable to develop her property until some of the other properties in the area were developed. Gray said other options could be considered at the time of the final assessment hearing. Gerald Schwankl, 9090 W. Staring Lane Parkway, said he was not sure he would receive any benefit from the assessment because he would be paying assessments on four lots. He would prefer to see the road installed on property lines. Dowain Lacourse, 15482 W. Sunrise Circle, said he did not believe his lot had potential for subdivision and for this reason objected to being identified with assessments for two units. There were no further comments from the audience. MOTION Jessen moved to close the public hearing and adopt Resolution No. 91-78 Ordering the Improvements. Seconded by Pidcock. Motion approved 4-0. B. FAIRFIELD 1991 AMENDMENT by Centex Real Estate Corporation. Request for Zoning District Amendment within the R1-9.5 Zoning District on 23 acres; Adoption of Resolution No. 91-64, Planned Unit Development Concept Amendment on 118.2 acres; Planned Unit Development District Review with waivers on 23 acres; Adoption of Resolution No. 91-65, Preliminary Plat of 23 acres into 62 single family lots and road right-of-way to be known as Fairfield 1991 Amendment. Location: North of Stanley Trail, north of Candlewood Parkway (Ordinance No. 10-91-PUD-4-91 - Zoning District Amendment; Resolution No. 91-64 - PUD Concept Amendment; Resolution No. 91- 65 - Preliminary Plat) JuHie said notice for the public hearing was mailed to 27 property owners and published in the March 21, 1991 issue of the Eden Prairie News. Dan Blake, representing Centex Real Estate, explained the details of the project using maps and charts. He said the proposed plan was for 62 single-family, ordinance-standard lots. This was a change from the original plan approved in 1988 of 75 cluster lots and four ordinance-standard lots. He said the schedule would be to construct the southern part in the summer of 1991. City Council Minutes 5 April 2, 1991 Mike Franzen, Senior Planner, said the Planning Commission recommended approval of the plan on a unanimous vote at the March 11, 1991 meeting. Lambert said the Parks, Recreation and Natural Resources Commission voted to recommend approval of the plan on a 6-0 vote at its April 1, 1991 meeting. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and approve first reading of Ordinance No. 10-91-PUD-4-91 for Zoning District Amendment. Seconded by Anderson. Motion approved 4-0. MOTION Pidcock moved to Adopt Resolution No. 91-64 for PUD Concept Amendment, to Adopt Resolution No. 91-65 for approval of the Preliminary Plat, and direct staff to prepare a Development Agreement incorporating Commission and staff recommendations. Seconded by Anderson. Motion approved 4-0. C. VACATION 91-04, Vacation tir Drainage and WI/1,Zag_iej___Its and Street Right-of-Way within an Undeveloped Portion of Rluffs West (Resolution No. 91-73) Jullie said this was the hearing for vacating an easement in Bluffs West subdivision and that notice of the public hearing had been properly mailed and published in the Eden Prairie News and mailed to persons with property interest in the area. The existing easements for this area had been replaced by the plat of the Village Knolls Project. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and adopt Resolution No. 91-73 to vacate the easements and rights-of-way. Seconded by Anderson. Motion approved 4-0. D. VACATION 88-01 RIGHT-OF-WAY VACATION FOR PART QE ONTARIO BOULEVARD (Resolution No. 91-74) Jullie said that this was a right-of-way vacation action because the right-of-way was no longer needed. Notice for the public hearing had been properly mailed and published in the Eden Prairie News. There were no comments from the audience. )qr City Council Minutes 6 April 2, 1991 MOTION Anderson moved to close the public hearing and adopt Resolution No. 91-74 to vacate part of the Ontario Boulevard right-of-way. Seconded by Pidcock. Motion approved 4-0. V. PAYMENT OF CLAIMS MOTION Pidcock moved, seconded by Jessen, to approve payment of claims. Payment of claims approved with Jessen, Pidcock, Anderson, and Tenpas all voting "AYE". VI. ORDINANCES AND RESOLUTIONS A. WELTER'S PURGATORY ACRES 6TH ADDITION by Peter Andrea Company. 2nd Reading of Ordinance No. 7-91, Zoning District Change from Rural to R1-13.5 on 10.95 acres with variances reviewed by the Board of Appeals; Approval of Developer's Agreement; Adoption of Resolution No. 91-82, Authorizing Summary and Ordering Publication of Ordinance 7-91; 10.95 acres into 7 single-family lots, 1 outlot and road right-of-way to be known as Welter's Purgatory Acres 6th Addition. Location: Nori.h of Welter's Way and south of Sunnybrook Road. (Ordinance No. 7-91 - Zoning District Change; Resolution No. 91-82 - Authorizing Summary and Ordering Publication) Jullie said the trail connection situation had been reviewed at Council's request and that staff recommended the plan that had been reviewed in the packet. Lambert said the plan would require the developer to construct a trail through the dedicated outlot to the creek. He said this would be in the alignment for the future trail and it would be relatively simple to connect the trail to Homeward Hills Road at any time. MOTION Jessen moved to approve second reading and adopt Ordinance No. 71-91 for Zoning District Change; adopt Resolution No. 91-82 approving the Summary for Publication; and authorize execution of the Development Agreement. Seconded by Pidcock. Motion approved 4-0. B. 1st Reading of Ordinance No. 11-91 Regarding Dumping Household Refuse in Public Trash Receptacles JuHie said this was an ordinance to make dumping of household waste in public trash receptacles a misdemeanor. City Council Minutes 7 April 2, 1991 MOTION Anderson moved, seconded by Pidcock, to approve First Reading of Ordinance No. 11-91. Motion approved 4-0. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Eden Prairie Chamber of Commerce Suldness Survei Jullie said this item concerned the Eden Prairie Chamber of Commerce's request for the City to assume the balance owing for the Chamber's business survey in the amount of $850 payable to Decision Resources, Inc. Jullie said the Chamber had stated it would reimburse the City at a future time for its portion of the survey. Pauly said that it was his understanding that the City had the obligation to pay the provider of the service and that the arrangement with the Chamber of Commerce was a subcontract. Therefore, the City had the primary responsibility to pay for the contract. He also said he believed it was appropriate for the City to request reimbursement from the Chamber of Commerce MOTION Jessen moved, seconded by Pidcock, to pay Decision Resources, Inc. in the amount of $850 for surveys conducted of the business and residential communities in the City. Motion approved 4-0. MOTION Jessen moved to submit an official invoice for $3200 to the Chamber of Commerce, with notice that 6% interest would accrue on the unpaid balance per annum. Seconded by Pidcock. Motion approved 4-0. VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS, & COMMITTEES IX. APPOINTMENTS A. Human Rights & Services Commission - Appointment to fill two unexpired terms to 2/28/92 on the Human Rights & Services Commission MOTION After two ballots, Jessen moved to appoint Linda Senes and Dr. K. Ramakrishnan to fill the unexpired terms on the Human Rights and Services Commission. Seconded by Pidcock. Motion approved 4 -0. City Council Minutes 8 April 2, 1991 X. REPORTS OF OFFICERS A. Reports of Cpuncilmembers B. Report of city Magg 1. Revenue Bond Fees Jullie referred to the information in the packet regarding the City's charge of 1/8% for Revenue Bond fees. Jessen said that he believed that the fee should be consistent, whether it was new construction or refinancing. Anderson said he agreed with Jessen on this point. Tenpas said he viewed the fee as an additional tax because it was a revenue-producing fee that did not relate to actual costs involved in refinancing. He said he favored having no fee. MOTION Jessen moved, seconded by Anderson, to continue to charge the 1/8 point fee on all new revenue bonds, whether for refinancing or new construction. Jessen and Anderson voted Aye. Pidcock and Tenpas voted Nay. Motion failed, 2-2. MOTION Tenpas moved that the City charge no fee. Seconded by Pidcock. Pidcock and Tenpas voted Aye. Jessen and Anderson voted Nay. Motion failed, 2-2. a9T ION Pidcock moved to continue this item until the April 16, 1991 meeting. Seconded by Jessen. Motion approved 4-0. 1. Quality and Productivity Conference Jullie announced that he would be attending this conference on April 11-12 at the University of Wisconsin - Madison. 2. Quality Customer Service Consultant Jullie said he had met with Tom Buckner of St. Thomas about the issues of quality and productivity in the City. Jullie said that he and Buckner concluded that it would be helpful if Buckner spent time interviewing department heads and staff regarding service opportunities, barriers to productivity, appropriate training. City Council Minutes 9 April 2, 1991 Jullie recommended beginning with a short-term contract with Buckner, not to exceed $3,000, to begin the interviewing process. Tenpas suggested beginning with a mission statement to refocus on the direction the City should be heading. He said he believed that Julie should attend the conference on Quality and Productivity in Madison, Wisconsin as he had planned, before a consultant was hired to interview City staff. Julie suggested waiting until the next Council meeting at which time he would be able to present a report on the Conference and a decision could be made at that time on hiring a consultant. There was Council agreement for proceeding in this manner. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Jessen moved, seconded by Anderson, to adjourn at 9:15 PM. Motion approved 5-0. fA, CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST April 16, 1991 CONTRACTOR (MULTI-FAMILY & COMM.) S. M. Hentges & Sons, Inc. CONTRACTOR (1 & 2 FAMILY) W. F. Bauer Construction Custom Pools Mark Eklo Homes Findell Cement,Inc. Homestyles Construction Johnson Master Builders Corp. E. F. Knight, Inc. Kustoms by Krzyzaniak,Inc. Landmark Home/Metro Home Midwest Fence & Mfg. Co. Republic Building Corp. Sawhorse, Inc. Vision Landscape, Inc. Wilson-Fisher Home Builder Worry Free Home Repair Service PLUMBING Bruce Plumbing Company T. J. Miller Plumbing Quality # 1 Plumbers Roberts Plumbing, Inc. E.A.H. Schmidt & Associates Welter & Blaylock, Inc. HEATING & VENTILATING Blaine Heating & Air Conditioning Controlled Air Diversified Mechanical Services Merit Heating, Inc. Palm Brothers, Inc. Royalton Heating & Cooling Co. E.A.H. Schmidt & Associates, Inc. South-Town Refrigeration, Inc. SETPIC SYSTEMS Peterson/Bragelmann Company SCAVENGER Peterson/Bragelmann Company CIGARETTE Great Mandarin Restaurant Jimmy Jingle, Inc. W. Gordon Smith Co. (Wallace Rd.) W. Gordon Smith Co. (Flying Cloud Dr.) Snyder Bros., Inc. TYPE 6 FOOD W. Gordon Smith Co. (Wallace Rd.) W. Gordon Smith Co. (Flying Cloud Dr.) Snyder Bros. GAS FITTER Blaine Heating & Air Conditioning Controlled Air Diversified Mechanical Services Jerry's Plumbing Merit Heating, Inc. Royalton Heating & Cooling E.A.H. Schmidt & Associates Welter & Blaylock, Inc. TEMPORARY BEER Optimist Club of Eden Prairie (4-27 & 4-28) These_licenses have been approved by the dep a r t m e n t h e a d s r e s p o n s i b l e f o r the(l*epse activity. jawr Pat sorTe, Licensing CLASS A GAMBLING Eden Prairie Legion PEDDLER David John Knotz (Real Estate) MECHANICAL GAMES Rick Finney Amusements -MEMORANDUM- TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: April 11, 1991 SUBJECT: Portable Engine-Generator Set Bid Award - I.C. 52-215 The City received two bids for a portable generator set to provide auxiliary power during emergency situations to the 13 lift stations in the community as follows: 1. Cummins Diesel Sales, Inc. $44,581.00 2. Ziegler Power Systems, Inc. $50,314.00 Both suppliers estimated a I20-day delivery for the equipment. The City retained the services of an electrical engineer to develop the specifications for this equipment. Specifications actually identified both bidders as acceptable equipment for the project. Both bidders neglected some minor items in their bid, but our consultant has worked with both firms and knows for a fact that they can provide the equipment as specified. As the low bidder, Cummins Diesel Sales, Inc. submitted a letter to the City of April 3, 1991, that states that they fully intend to comply with the specifications. Funding for this generator set will come from the Enterprise Fund and not from the General Fund budget. We actually anticipated this purchase in 1990 and estimated that the cost would be approximately $28,000 based on a preliminary staff investigation. What we have found is that the horse-power rating necessary to operate all of our specific lift stations requires that the generator be larger than anticipated -- thereby explaining the difference in estimated cost is actual bids received. The City has never had the ability to provide stand-by power to our lift stations. In all honestly, we have never had a serious problem because of our lack of ability to operate the lift stations during power outage. We have however, had many close calls over the years. For a sum of $44,000, it might be tempting to continue to take the risk that we have been taking in all these years, but one sewage backup in the Bell Oaks neighborhood because of loss of power could easily cost the City much more than the bid price for the equipment. Additionally, this equipment should easily last more than 20 years, since it will not be utilized on a very frequent basis. I recommend that the contract for the portable engine-generator set be awarded to Cummins Diesel Sales, Inc. in the amount of $44,581. EAD:ssa CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-89 RESOLUTION PROCLAIMING MAY 4, 1991 AS ARBOR DAY WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the plant- ing of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood pro- ducts, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our commu- nity, and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways, NOW, THEREFORE, I, Douglas Tenpas, Mayor of the City of Eden Prairie, do hereby proclaim May 4,1991 as ARBOR DAY in the City of Eden Prairie, and I urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program, and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future gener- ations. ADOPTED, this 16th day of April 1991. Douglas Tenpas, Mayor ATTEST: John D. Frane, Clerk SEAL 714 '74,4 -MEMORANDUM- TO: Mayor and City Council THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson DATE: April 11, 1991 SUBJECT: Land Alteration Permit for Jim Osberg Jim Osberg, of 6879 Alpine Trail has requested City Council approval of a land alteration permit to allow the construction of a wildlife pond within his rear yard area. The pond covers an area of approximately 50 feet by 70 feet and is intended to be approximately 4 feet deep. The proposed pond is located within a wetland area near a storm sewer discharge and is also within a drainage and utility easement. The storm sewer discharge will become incorporated into the pond to provide a source of water for the pond. Other agencies that have reviewed this proposal are the Watershed District and the DNR. Both agencies have approved this request without the need of a permit; however, both also made the provision that all excavated material be disposed of outside of the easement area. Recommend approval of Mr. Osberg's request for a grading permit to construct a wildlife pond subject to the following requirements: 1. All excavated material from the pond are to be disposed of outside the easement areas. 2. Mr. Osberg is notified that the City will not assume any maintenance responsibilities for the pond; however, the City will maintain the existing storm sewer system. Mr. Osberg shall work with the Engineering Department to coordinate excavation around and restoration of existing storm sewer outfall. 3. All excavated areas will be restored within two weeks of the completion with either sod or seed and mulch. JJ:ssa cc: Jim Osberg N ti' -••nn0,- WeiST. . Iv/ :4. 11- 86o.4 4p) - i_ ft, •-• D cztoil- ("5 • (15L1: 1• 8861,4;21. \ tv, t \ ---- s> CP n14 PROPC LOWEST FLOOF GARAGE FLCOP TOP OF FCIUNC •1" \<\ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-103 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructed in Hedquist Addition requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: The City Engineer is here authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the Metropolitan Control Commission. ADOPTED by the Eden Prairie City Council on April 16, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk METROPOUTAll WRITE — coma_ COMMIllion kW% PERMIT FOR CONNECTION TO OR USE OF COMMISSION FACILITIES (Submit in Duplicate) The "Sewage and Waste Control Rules and Regulations For The Metropolitan Disposal System" adopted pursuant to and under the provisions of the Metropolitan Waste Control Commission Act (Minnesota Statutes, Chapter 473C) constitute a part of this agreement. The community listed below has adopted a comprehensive sewer plan and has submitted it to the Waste Control Commission as required by the Waste Control Commission Act. The proposed con- nection conforms to the adopted comprehensive plan or adopted revisions thereof. This permit does not replace permits required by Minnesota Pollution Control Agency or the neces- sity of securing other permits and fulfilling requirements of other governmental units. The permittee shall indemnify and hold harmless the Waste Control Commission from any and all damages or claims as a result of any condition including damage to Waste Control Commission facilities involving the installation of the connection. This permit is subject to modification or revocation and may be suspended at any time for failure to comply with terms stated herein. Acknowledgement of permit fees in accordance with Section IV of the Rules and Regulations for parties other than government units, if applicable, is made a part of this permit agreement. Supplemental Data Sheet on the reverse side of this sheet is included as part of this Agreement. If this connection is not made within 90 days from the date of execution this permit is null and void. APPLICANT: Data: Signature (Municipal Officiafr TRW Mayor City of Eden Prairie commumr APPROVED: Date Signatum DIRECTOR Of EtIOn NUMMI hts0000man *am Canna Convommo* N,!,, • PERMIT FOR CONNECTION TO •ETROPOLITAN WASTE CONTROL COMMISSION FACILITIES Supplemental Data Sheet Community EDEN PRAIRIE Date 4-1-91 DEVELOPMENT ENGINEERING, P.A. Individual Making Application JONATHAN L. FARACI. P.E. Phone 942-9262 Representing Who mR. DON HEDQUIST Location of Connection EXISTING MANHOLE 10. MSB-7118 INTERCEPTOR Work to be Done by BROWN E. CRIS, INC. Type of Connection CUT INTO EXISTING MANHOLE 10 Depth 11.37' Size of Connecting Sewer 8" Pipe Material pVC SDR 35 Invert Elevation 847 .42 Area Served in Acres: Residential 3.92 ACRES COrMeriCill N.A. Industrial ILA Predicted Flow in Gallons Per Day Initial -0- MGD Design 0.0014 MGD Characteristics of Discharge: Residential 5 LOTS - 2.8 PEOPLE/L0T1 100 GAL/PERSON/DAY Commerical N.A. Industrial N.A. Unusual Characteristics of Above (Strength, Oils, Chemicals, Tem p e r a t u r e a n d e t c . ) NONE 153 4." EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made this day of , 1991, by and between Ralph D. Rolen, as Trustee of the Masters Trust I dated August 30, 1989, and Melvin L. Masters and Nancy Sawyer Masters, husband and wife, for themselves, their heirs, successors and assigns (hereinafter collectively referred to as "Grantors"), and the City of Eden Prairie, a Minnesota municipal corporation (hereinafter referred to as the "City"). RECITALS: WHEREAS, Grantors are the fee owners of real property located in the City, Hennepin County, Minnesota, legally described on Exhibit "A" attached hereto and incorporated herein (the "Property"); WHEREAS, the City has constructed water lines (the "Water Lines") within the Property and desires an easement over that portion of the Property legally described on Exhibit "B" attached hereto and incorporated herein (the "Easement Tract"): WHEREAS, Grantors are willing to grant City an easement for the Water Lines and maintenance thereof in consideration for the agreements hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, IT IS AGREED: 1. Authorized Easements Granted. Grantors, do hereby grant to the City and its agents and representatives, the right, privilege, easement and authority to install, operate, maintain, or repair the Water Lines over, under, and upon the Easement Tract (the "Easement"). 2. Duration. The Easement shall be perpetual, and shall run with the land and extend to and bind the heirs, representatives, successors and assigns of the parties hereto respectively. 3. Covenant of Ownership. The Grantors hereby represent and warrant to the City that they are the lawful owners of the Property, and that the Property is free and clear of all encumbrances, except a mortgage in favor of Mortgage Home Savings of American, F.A., who has consented to the Easement granted by this Agreement. 4. Covenants of City. In consideration of the Easement granted hereby, the City covenants and agrees to: Nancy Sawyer Masters - 2 - a. Maintain and repair the Water Lines, at its own expense, in a manner that meets all requirements of the governing Municpal, State and Federal authorities. b. Upon completion of construction and after any repair or maintenance of the Water Lines, the City will restore the Property to as good or better condition as it was prior to the time of any construction or prior to any such repair or maintenance. Such restoration will include replacement of earth moved and restoration of improvements or vegetation located within the Easement Tract as of the date hereof. The restoration of any improvements or vegetation (including but not limited to trees) located within the Easement Tract, which would tend to interfere with the City's use of the Easement, may be relocated within the boundaries of the Property by City at the express direction and approval of Grantors. C. During construction, repair or maintenance of the Water Lines, the City shall indemnify and hold Grantors harmless from any claim, suits , liens and causes of action, including reasonable attorney's fees, for any injury to any person, and damage to Property not contemplated by this Agreement, and occasioned by or arising from the use of the Easement by the City. d. In its use of the Easement, the City, its agents and representatives shall comply with all Federal, State and local laws and regulations. IN WITNESS WHEREOF, the Parties have made and entered into Agreement as of the date first written above. GRANTORS: CITY OF EDEN PRAIRIE By: Ralph D. Rolen, as Trustee of the Masters Trust I dated Its Mayor August 30, 1989 By: Melvin L. Masters Its: City Manauer EXHIBIT 'A' Lot 1, Block 1, BRYANT LAKE VIEW ESTATES according to the recorded plat thereof, and That part of the South 500 feet of the Northeast Quarter of the Northeast Quarter of Section 3, Township 116 North, Range 22 West of the Fifth Principal Meridian, lying Easterly of the easterly right-of-way line of Interstate Highway No. 494, all in Hennepin County, Minnesota. EXHIBIT ma" A permanent easement over, under and of the following described property: Lot 1, Block 1, BRYANT LAKE VIEW recorded plat thereof; A permanent easement over, under and of the following described property: across the North 10.00 feet ESTATES, according to the across the South 10.00 feet That part of the South 500 feet of the Northeast Quarter of the Northeast Quarter of Section 3, Township 116 North, Range 22 West of the Fifth Principal Meridian, lying Easterly of the easterly right-of-way line of Interstate Highway No. 494; all in Hennepin County, Minnesota. Fairview Medical Health Clinic CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE #9-9I AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural and 1-2 Districts and be placed in the Office District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and 1-2 Districts and shall be included hereafter in the Office District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 16, 1991, entered into between Fairview Hospital and Health Care Service, a not- for-profit Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of March, 1991, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of April, 1991. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor 'UBLISHED in the Eden Prairie News on the day of ,1991. 151 EXHIBIT A Fairview Medical Health Clinic P.U.D. Concept Amendment Lots 1 & 2, Block 1, DATASERV BUSINESS CENTER Guide Plan Change Lot 2, Block 1, DATASERV BUSINESS CENTER Zoning District Change & Site Plan Review That part of Lot 2, Block 1, DATASERV BUSINESS CENTER, according to the recorded plat thereof, Hennepin County, Minnesota, lying northwesterly of a line described as beginning at the point of tangency along the southwest line of said Lot 2; thence northeasterly to a point on the north line of said Lot 2 distant 115.00 feet westerly of the northeast corner of said Lot 2 and said line there terminating. 1 6t) Fairview Medical Health Clinic DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1991, by FAIR VIEW HOSPITAL AND HEALTH CARE SERVICE, a not-for-profit Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal =potation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Amendment from Industrial to Office on 7.3 acres, Planned Unit Development Concept Amendment to the overall DataServ Planned Unit Development on 17.4 acres, Zoning District Change from Rural and 1-2 Park to Office on 2.9 acres, and Site Plan Review on 2.9 acres for construction of a medical clinic, all said acreage situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #9-91, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: I. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on March 19, 1991, revised and dated March 14, 1991, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. ACCESS TO PRAfRIE CENTER DRIVE/EASEMENTS: Prior to issuance by the City of any building permit for construction on the Property, Developer agrees to submit to the City and to obtain the City's approval of: A. Plans for a temporary median opening in Prairie Center Drive to be located at the south line of the Property. Developer agrees to be responsible for all costs associated with construction of said median opening. ')1/0 B. Written easements to the City sufficient to allow for construction of the future intersection of Technology Drive and Prairie Center Drive. Upon approval by the City, Developer agrees to develop the Property in accordance with said plans and easements, as approved by the City, in accordance with the terms and conditions of Exhibit C, attached hereto. 5. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. 6. FINAL LANDSCAPING, LIGHTING, AND EXTERIOR MATERIALS PLANS: Prior to issuance of any building permit on the Property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of samples of exterior materials to be implemented on the Property, including color, texture, and style of all materials and the location for all materials on the structure. Said exterior materials shall be the same as the brick implemented on the structure on the adjacent land to the north. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those plans and materials listed above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 7 SIDEWALK CONNECTION TO TRAIL: Concurrent with construction on the Property, Developer agrees to construct a five-foot wide concrete sidewalk between the structure and the existing trail along Prairie Center Drive. Developer agrees to construct said sidewalk connection prior to issuance by City of any occupancy permit and in accordance with the terms and conditions of Exhibit C, attached hereto. 8. DEVELOPMENT OF FUTURE PHASE: Developer acknowledges that approvals have been granted by the City for the 2.9-acre portion of the Property, only, as depicted in Exhibit B, attached hereto, and that it is necessary for Developer to return to the City for formal review and action by the City prior to any additional construction, or development, beyond the 2.9-acre portion of the Property. 9. PREVIOUS AGREEMENTS SUPERSEDED: City has previously approved an agreement for a portion of the Property, dated September 30, 1987, approving construction of an additional parking lot for the land use to the north. Said agreement shall remain in full force and effect, except to the extent that said agreement is inconsistent with this Agreement. With respect to any such inconsistency, this Agreement shall supersede the previously approved agreement. Fairview Medical Health Clinic of Eden Prairie CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-90 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 9-91 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 9-91 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 9-91, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil or six-point type, as defined in Minn. State. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 9-91 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 16th day of April, 1991. ATTEST: Douglas B. Tenpas,_Mayor John D. Frane, City Clerk Fairview Medical Health Clinic of Eden Prairie CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MLNNESOTA ORDINANCE NO. 9-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located east of Prairie Center Drive and south of Technology Drive, from the Rural and 1-2 Districts to the Office District, subjec t to the terms and conditions of a developer's agreement. Exhibit A, included with thi s Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #91-59 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES FOR FAIRVIEW MEDICAL HEALTH CLINIC OF EDEN PRAIRIE WHEREAS, Fairview Hospital and Healthcare Services has applied for site plan approval on 2.9 acres for construction of a 15,200 square foot medical health care clinic on property located east of Prairie Center Drive and south of Technology Drive currently zoned Rural and 1-2; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 25, 1991, Planning Commission meeting and recommends approval of said site plan; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 19, 1991, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF EDEN PRAIRIE, that site plan approval be granted to Fairview Hospital and Healthcare Services for Fairview Medical Health Clinic of Eden Prairie for construction of a 15,200 square foot medical health care clinic building, based on plans dated , 1991. ADOPTED by the City Council on the 16th day of April, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Timber Lake Drive Townhomes CITY OF EDEN PRAIRIE ENNEPIN COUNTY, MINNESOTA ORDINANCE 8-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINN E S O T A , A M E N D I N G T H E Z O N I N G O F CERTAIN LAND WITHIN THE RM-2.5 AND ADOPTIN G B Y R E F E R E N C E C I T Y C O D E CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OT H E R T H I N G S , C O N T A I N P E N A L T Y PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRI E , M I N N E S O T A , O R D A I N S : SECTION 1. That the land which is the subject of this Ordinance (hereina f t e r , t h e " l a n d " ) i s l e g a l l y described in Exhibit A attached hereto and made a part here o f . SECTION 2. That action was duly initiated proposing that t h e z o n i n g f o r t h e l a n d b e a m e n d e d w i t h i n the RM-2.5 Zoning District. SECTION 3. That the proposal is hereby adopted and the lan d s h a l l b e , a n d h e r e b y i s , a m e n d e d w i t h i n the RM-2.5 Zoning District, and the legal descriptions of land i n e a c h D i s t r i c t r e f e r r e d t o i n C i t y C o d e S e c t i o n 11.03, Subdivision 1, Subparagraph B, shall be, and are, am e n d e d a c c o r d i n g l y . SECTION 4. City Code Chapter 1, entitled "General Provisions and Defini t i o n s A p p l i c a b l e t o t h e E n t i r e City Code Including Penalty for Violation" and Section 11.9 9 , " V i o l a t i o n a M i s d e m e a n o r " a r e h e r e b y a d o p t e d in their entirety, by reference, as though repeated verbatim h e r e i n . SECTION 5. The land shall be subject to the terms and condition s o f t h a t c e r t a i n D e v e l o p e r ' s Agreement dated as of April 16, 1991 entered into between P e m t o m C o m p a n y , I n c . , a M i n n e s o t a c o r p o r a t i o n and the City of Eden Prairie, which Agreement is hereby ma d e a p a r t h e r e o f . SECTION 6. This Ordinance shall become effective from and after its pas s a g e a n d p u b l i c a t i o n . FIRST READ at a regular meeting of the City Council of th e C i t y o f E d e n P r a i r i e o n t h e 1 9 t h day of March, 1991, and finally read and adopted and orde r e d p u b l i s h e d a t a r e g u l a r m e e t i n g o f t h e C i t y Council of said City on the 16th day of April, 1991. ATIEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of , 1991. EXHIBIT A Legal Description Lots 1, 3, and 5, Block 1, NORTH BAY TIMBER LAKES, and Lot 2, Block 1, NORTH BAY TIMBER LAKES 2ND ADDITION, according to the recorded plats thereof, and situated in Hennepin County, Minnesota. •••• Timber Lake Townhomes DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1991, by THE PEMTOM COMPANY, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, City previously approved agreements for development of the land, between Developer, the Pillsbury Company, a Delaware corporation, and City, for development of land described in Exhibit A, attached hereto and made a part hereof, and hereinafter referred to as "the Mitchell Lake PUD Property," said agreements being described below as follows: A May 21, 1976, agreement for approximately 88 acres of land, approving rezoning to R1-13.5 and RM-6.5 for 81 single family units and 179 townhouse units; An amendment to said May 21, 1976, agreement, dated July 26, 1976, regarding the park and trail requirements; and, WHEREAS, Developer has applied to City for a Zoning District Amendment within the RM-2.5 District on 2.11 acres of the Mitchell Lake PUD Property, with variances granted by the Board of Appeals, and Site Plan Review on 2.11 acres for construction of 16 townhouse units in four buildings, all said 2.11 acres situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property," NOW, THEREFORE, in consideration of the City adopting Ordinance #8-91, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on March 19, 1991, revised and dated March 13, 1991, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. EROSION CONTROL, PLANS: Prior to issuance by the City of any building permit for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for erosion control, including correction of the erosion control problem to Mitchell Lake from the existing catch basin system, for the Property. f u Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. 5. FINAL ORDER #9I-009: Developer has obtained the following variances from City Code provisions from the Board of Appeals through Final Order #91-009: A. Variance from the required 75% brick, stone, or glass requirement for exterior elevation materials within the RM-2.5 District to allow for 75% wood. B. Variance from the required 35 ft. front yard parking setback in the RM-2.5 District to allow for parking five (5) feet from the front lot line. C. Variance from the required 25 ft. side yard setback in the RM-2.5 District to allow side yard setbacks of ten (10) feet. Developer agrees to abide by the terms and conditions of approval of said Final Order #91-009, a copy of which is attached hereto as Exhibit D, and hereby made a part hereof. 6. PREVIOUS AGREEMENTS SUPERCEDED: With respect to the agreements previously approved for the Property as first mentioned above, dated May 21, and July 26, 1976, City and Developer acknowledge that said previously approved agreements shall remain in full force and effect, except to the extent that said previously approved agreements are inconsistent with this Agreement. With respect to any such inconsistency, this Agreement shall supercede the previously approved agreements. Timber Lake Drive Townhomes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-91 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 8-91 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 8-91 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 8-91, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil or six-point type, as defined in Minn. State. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 8-91 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 16th day of April, 1991. ATTEST: Douglas B. Tenpas, Mayor John D. Franc, City Clerk 19 ,:j4 11 Timber Lake Drive Townhomes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN THE RM-2.5 DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance amends the zoning of land within the RM-2.5 Zoning District located at the northeast comer of Timber 121ce Drive and Island Road subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) 17d CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #91-53 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR TIIE PEMTOM COMPANY FOR TIMBER LAKE DRIVE TOWNHOMES WHEREAS, the Pemtom Company has applied for site plan approval of 2.11 on 2.11 acres for construction of 16 townhouse units in 4 buildings on property located at the northeast corner of Timber Lake Drive and Island Road currently zoned RM-2.5; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 25, 1991, Planning Commission meeting and recommends approval of said site plan; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 19, 1991, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to the Pemtom Company for Timber Lake Drive Townhomes for construction of 16 townhouse units in 4 buildings based on plans dated, 1991. ADOPTED by the City Council on the 16th day of April, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk tr) Bluffs West 9th Addition CITY OF EDEN PRAIRIE HENN1EPIN COUNTY, MINNESOTA ORDINANCE NO. 32-90-PUD-11-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CE R T A I N LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDIN G T H E ZONING WITHIN THE RI-13.5 ZONING DISTRICT, AND AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE C I T Y CODE CHAPTER I AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-22 District and be placed in the RI -13.5-PUD-11-90 (hereinafter "PUD- 11-90) and that action was du l y i n i t i a t e d p r o p o s i n g that the land be amended within the R1-13.5 Zoning District. Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 16, entered into between Hustad Development Corpor a t i o n , a M i n n e s o t a corporation and the City of Eden Prairie (hereinafter "Developer's Agreement") and that c e r t a i n s u p p l e m e n t to the Developer's Agreement, dated as of, entered into between , a, and the City of Eden P r a i r i e ( h e r e i n a f t e r "Supplement"). The Developer's Agreement and Supplement contain the terms and con d i t i o n s o f a r e h e r e b y made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-90 is not in conflict with the goals of the Comprehensive Guide Plan of the C i t y : B. PUD-11-90 is designed in such a manner to form a desirable and unified environment w i t h i n i t s own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code t h a t a r e contained in PUD-I1-90 are justified by the design of the development described therein. D. PUD-11-90 is of sufficient size, composition, and arrangement that its construction, marketing. and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 and shall be included hereafter in the R1-13.5-PUD-11-90, and the legal descriptions of land in e a c h district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of September, 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of April, 1991. ATTEST: Tohn D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of , 1991. '1'13 EXHIBIT A Legal Description Outlots B and C, BLUFFS WEST 7TH ADDITION, and Outlet A, BLUFFS WEST, Hennepin County, Minnesota. Bluffs West 9th Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered -into as of , 1991, by HUSTAD DEVELOPMENT CORPORATION, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept on 20.46 acres, Planned Unit Development District Review, with waivers, Zoning District Amendment within the R1-13.5 Zoning District on 6.3 acres and Zoning District Change from R1-22 to R1-13.5 on 14.16 acres, Preliminary Plat of 20.46 acres into 25 single family lots, three outlots, and road right-of-way, all said 20.46 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #32-90-PUD-11-90, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated August 30, 1990, reviewed and approved by the City Council on September 4, 1990, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. DEDICATION OF PROPERTY: Developer agrees that any and all portions of the Property which are to he deeded to the City, including right-of-way, shall be deeded to the City free and clear of any liens, mortgages, or other encumbrances, and free of debris, garbage, trash, buried tanks, wells, construction materials, noxious, toxic, or hazardous materials. 4. EASEMENTS, COVENANTS, AND RESTRICTIONS: Developer agrees that prior to release of any final plat for the Property, Developer shall submit to the City and obtain the City's approval of the following covenants, restrictions, and easements for lots on the Property: A. Easements for conservancy purposes over the rear yards of Lots 3-12, inclusive, Block 3, as depicted in Exhibit B, attached hereto. Said easements shall also be depicted as "utility and drainage easements" on the final plat. The conditions of such conservancy easements shall be as provided in Exhibit D, attached hereto and made a part hereof. ro• B. Covenants and restrictions for purposes of protection of the Shoreland area adjacent to Purgatory Creek over Lots 3-12, inclusive, Block 3, as depicted in Exhibit B, attached hereto, which outline land use restrictions for such lots in accordance with City Code requirements. C. Covenants and restrictions for the purposes of proper storm water run-off and erosion control over all the Property, as-depicted in Exhibit B, attached hereto. Such covenants and restrictions shall include the following: 1) The storm drainage system shall intercept surface water from all street, building, and patio areas on the Property and shall be designed such that storm water shall not be discharged as surface drainage down any steep slopes as defined by City Code. The 100-year storm event shall be used for system design. 2) The first floor elevation shall be located a minimum of two feet above the finished elevation of the adjoining street. 3) Removal of any natural vegetation beyond the grading limits depicted on Exhibit B, attached hereto, shall be prohibited. 4) Prior to grading permit issuance for any such individual lot, Developer acknowledges that the erosion control requirements of the Watershed District shall be maintained in place until such time as all areas altered by such individual lot construction have been restored. Developer agrees to file said easements, covenants, and restrictions on such lots at Hennepin County, and to provide proof of such filing to the City, prior to City issuance of any building permit on said lots. 5. UTILITY/STREET PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Said plans shall also include specific details for the following improvements: A. A six-inch watermain to be extended from Bluestem Lane to existing Purgatory Road, then north within Purgatory Road to the northern most Property boundary. B. Storm water drainage plans which provide that all storm water drainage improvements shall be constructed concurrent with initial utility construction on the Property, connecting all storm water run-off to Purgatory Creek, as depicted in Exhibit B, attached hereto. C. Storm sewer shall be designed and constructed deep enough to provide proper storm sewer connections to all lots on the Property, as depicted in Exhibit B, attached hereto. D. Construction of Purgatory Road between the existing terminus of Purgatory Road at Bluestem Lane, to the south, concurrent with Phase I street and utility construction. E. Construction of a road connection between Purgatory Road and Bennett Place, to the east, concurrent with Phase 1 street and utility construction on the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 6. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property, which will include the following, amongst the other conditions and requirements: A. Replacement of 952 caliper inches of trees, among other conditions and requirements. City and Developer acknowledge that there shall be 378 caliper inches of trees replaced on the Property, as depicted in Exhibit B, attached hereto. The remaining 574 inches of trees shall be located as depicted in Exhibit B, attached hereto. Developer acknowledges that City will not issue said land alteration permit until Developer has submitted to City, and City has approved, a security in an amount equal to 150% of the cost of materials and implementation for replacement of said 952 caliper inches of trees, in accordance with City Code requirements. B. Developer shall be responsible for any cost associated with repair of any bluff erosion which occurs as the result of surface water run-off from the graded portions of the subdivision for a period of three years from the date of completion of subdivision improvements. Any deficiencies in the storm water drainage system, as determined by the City in its sole discretion, which are the cause of such erosion, or surface water run- off, during said three year period, shall also be corrected by Developer. 7. EXISTING WELL/SEPTIC TANK: Prior to issuance by City of any permit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and to obtain the Chief Building Official's approval of, plans for removal of the existing septic system and well for Lot 8, Block 3, of the Property, as depicted in Exhibit B, attached hereto. Concurrent with utility construction on the Property, Developer agrees to provide for connection of public sanitary sewer and watermain to the existing house on Lot 8, Block 3 as depicted in Exhibit B, attached hereto. Developer further agrees that, at such time as the existing private utilities fail for the existing house located on said Lot 8, Block 3, the existing house shall be required to be hooked up to public utilities and the existing well and septic systems shall be abandoned and sealed in accordance with City Code requirements. 8. SIDEWALK/TRAIL CONSTRUCTION: Concurrent with street and utility construction on the Property, Developer agrees to construct concrete sidewalk and bituminous trail in the following locations: .7r7 A. A five-foot wide concrete sidewalk along the south side of the east/west street on the Property, as depicted in Exhibit B, attached hereto. B. An eight-foot wide bituminous trail connection from the western end of the cul-de-sac, through the trail outlot, to the pedestrian bridge over Purgatory Creek, all as depicted in Exhibit B, attached hereto. Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalk and trail, concurrent with grading and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. PUD 11-90 WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the R1-13.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 11-90: A. Waiver from minimum street frontage requirement of 55 ft. on a cul-de-sac to allow a 32 ft. street frontage for Lot 10, Block 3, as depicted in Exhibit B, attached hereto. B. Waiver from minimum front yard setback requirement of 30 ft. to allow for front yard setback of 25 ft. for Lots 13 and 14, Block 3, as depicted in Exhibit B, attached hereto. 10. VARIANCES GRANTED: City and Developer acknowledge that the City's Board of Adjustments and Appeals has granted variances to Shoreland Management Ordinance requirements for Lots 6, 7, and 8, Block 3, of the Property, as depicted in Exhibit B, attached hereto, and as detailed in Final Order /190-30, attached hereto as Exhibit E, and made a part hereof. 11. R1-13.5 MINIMUM REQUIREMENTS: Except as provided in items 9., and 10., above, Developer acknowledges and agrees that all lots on the Property shall meet or exceed all minimum requirements of the R1-13.5 District as required by City Code, Chapter 11, Zoning Regulation. Cr'? Bluffs West 9th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-92 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 32-90-PUD-I I-90 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 32-90-PUD-11-90 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 32-90-PUD-11-90, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil or six-point type, as defined in Minn. State. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 32-90-PUD-11-90 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 16th day of April, 1991. ATTEST: Douglas B. Tenpas, Mayor John D. Frane, City Clerk Bluffs West 9th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 32-90-PUD-11-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE ZONING WITHIN THE R1-13.5 DISTRICT, AND AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located north of Bluestem Lane and west of Bennett Place, from the R1-22 District to the R1-13.5-PUD-11-90 Zoning District and amendment of zoning within the R1-13.5 Zoning District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) Bluffs East Eighth Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE #39-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural and RI- 22 Districts and be placed in the R1-13.5 District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and R1-22 Districts and shall be included hereafter in the R1-13.5 District, and the legal descri p t i o n s of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall b e , a n d are amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby ad o p t e d in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 16, 1991, entered into between Creek Knolls Partnership, a Minnesota partner s h i p , and the City of Eden Prairie, which Agreement is hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of November, 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of April, 1991. ATTEST: John D. Franc, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of , 1991. LEGAL DESCRIPTION EXHIBIT A Preliminary Plat Outlot I. Creek Knolls; and Outlot C, Bluffs East Sixth Addition; and Vacated Bluff Road as dedicated in Bluffs East Fourth Addition which lies east of Line A, described below, and west of the e a s t l i n e o f Creek Knolls; and Vacated Bluff Road as dedicated in Creek Knolls wh i c h l i e s e a s t o f Line A, described below; and That part of Outlots C, E, F, G and N, Creek Knolls which lies northeasterly of a line drawn parallel with and 25. 0 0 feet southwesterly of the following described line: Beginning at the intersection of the centerline of sluff R o a d and the centerline of Canadians Landing as platted in s a i d Bluffs East Fourth Addition: thence South 49 degrees 18 mi n u t e s 20 seconds East along said centerline of Bluff Road, 6 0 . 0 0 feet: thence southeasterly 242.51 feet along a tangential c u r v e to the left, central angle 32 degrees 41 minutes 40 seconds,. radius 425.00 feet, to a point of reverse curve: th e n c e southeasterly 181.51 feet along said reverse curve, ce n t r a l angle 32 degrees 00 minutes, radius 325.00 feet: thence South 50 degrees 00 minutes East 242.00 feet: thence southeasterly 172.61 feet along a tangential curve to the right, central angle 43 degrees 00 minutes, radius 230.00 feet: thence South 7 degrees 00 minutes East 143.13 feet; thence southerly 1 5 3 . 1 5 feet along a tangential curve to the left, central a n g l e 3 9 degrees 00 minutes, radius 225.00 feet: thence South 46 degrees 00 minutes East 211.36 feet, and there terminating. Zoning District Change That part of Outlot C, Bluffs East Sixth Addition; and That part of Outlots E, F and G, Creek Knolls: and That part of Vacated Bluff Road described as follows: Commencing at the intersection of the centerline of Blu f f R o a d and the centerline of Canadians Landing as platted i n s a i d Bluffs East Fourth Addition: thence South 49 degrees 18 m i n u t e s 20 seconds East along said centerline of Bluff Road, 60.00 feet; thence southeasterly 95.31 feet along a tangentia l c u r v e to the left, central angle 12 degrees 50 minutes 57 s e c o n d s , radius 425.00 feet, to the point of beginning of lan d t o b e described: thence continuing along said curve 147.20 f e e t , central angle 19 degrees 50 minutes 41 seconds, radius 4 2 5 . 0 0 feet to a point of reverse curve; thence southeasterly 1 8 1 . 5 1 feet along said reverse curve, central angle 32 degr e e s 0 0 minutes, radius 325.00 feet; thence South 50 degrees 00 m i n u t e s East 242.00 feet: thence southeasterly 172.61 feet a l o n g a tangential curve to the right, central angle 43 degr e e s 0 0 minutes, radius 230.00 feet; thence South 7 degrees 00 m i n u t e s East 134.13 feet; thence southerly 68.07 feet a l o n g a tangential curve to the left, central angle 17 degr e e s 2 0 minutes, radius 225.00 feet: thence North 63 degrees 00 m i n u t e s East 144.14 feet: thence North 3 degrees 00 minutes East 2 3 6 . 4 6 feet; thence North 35 degrees 30 minutes West 317.06 f e e t : thence North 50 degrees 00 minutes West 170.44 feet; t h e n c e North 77 degrees 30 minutes West 339.97 feet; thence South 35 degrees 00 minutes West 130.00 feet; thence South 54 degr e e s 5 4 minutes 36 seconds West 28.31 feet to the point of beg i n n i n g . Bluffs East 8th Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1991, by CREEK KNOLLS PARTNERSHIP, a Minnesota partnership,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural and R1-22 to R1- 13.5 on 3.5 acres and Preliminary Plat of approximately 15 acres into eight single family lots and two outlots, all said 15 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #39-90, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated , 1990, reviewed and approved by the City Council on November 13, 1990, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET VACATIONS: Prior to release by City of any final plat for the Property, Developer agrees to submit to the City a petition for the vacation of , and obtain City's approval of, vacation of the portion of rights-of-way for Bluff Road, Whitetail Crossing, Trotter's Path and Wild Duck Pass, located within the boundaries of the Property. Developer agrees to reflect such vacations on the final plat for the Property. 4. UTILITY/STREET PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 5. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. 6. STORM SEWER CONSTRUCTION: Concurrent with site grading on the Property and prior to issuance of any building permit for construction of any footings or structures on the Property, Developer agrees to construct the storm sewer pipe in the location depicted in Exhibit B, attached hereto, and as approved pursuant to Paragraph #4, herein. 7. TREE REPLACEMENT CREDIT TOWARDS OVERALL BLUFF COUNTRY PLANNED UNIT DEVELOPMENT CONCEPT: Developer and City acknowledge that the Property is a portion of the overall I86-acre Bluff Country Planned Unit Development Concept. It is further acknowledged by both parties that, since no trees are proposed to be removed for construction on the Property, the number of caliper inches of new trees planted on the Property, as depicted in Exhibit B, attached hereto, shall be credited toward the overall tree replacement requirements for the Bluff Country Planned Unit Development Concept. Bluffs East Eighth Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-93 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 39-90 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 39-90 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 39-90, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil or six-point type, as defined in Minn. State. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 39-90 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 16th day of April, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk '77S- Bluffs East Eighth Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 39-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located on Bluffs Road between Whitetail Crossing and Wild Duck Pass, from the Rural and R1-22 Districts to R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) MEMORANDUM TO: Mayor and City Council Chris finger, Director Planning, David Lindahl, Planner Carl Jullie, City Manager , PROPOSED USE OF YEAR XVII (1991-92) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. April 11, 1991 FROM: THROUGH: SUBJECT: DATE: TOTAL YEAR XVII (1991-1992) ALLOCATION $79,870 The City is eligible to apply for $79,870 in CDBG funds for Year XVII. This is a 12.4% increase from last year. CDBG OBJECTIVES: The national objectives are as follows: To develop viable urban communities by providing decent housing, a suitable living environment and expanded economic opportunities principally for low and moderate income persons; aiding in the prevention or elimination of slums and blight: and meeting other development needs having particular urgency. RECOMMENDATIONS: The Human Rights and Services Commission reviewed requests for CDBG funding from human service agencies at the March 11, 1991, and April 8, 1991, meetings. The Human Rights and Services Commission recommended that the following human service programs be funded with Year XVII CDBG dollars (see page 4 for more information on activities): 1) GREATER MINNEAPOLIS DAY CARE ASSOCIATION (GMDCA) $18,640 GMDCA administers the state child care sliding fee subsidy program. These funds will allow GMDCA to continue to provide day care assistance to lower income Eden Prairie residents. 2) HOUSEHOLD & OUTSIDE MAINTENANCE FOR ELDERLY (HOME) - $5,250 This program is administered by Senior Community Services and provides maintenance and chore services to Eden Prairie's elderly population. Staff is recommending that the balance of the Year XVII allocation of $55,980 be designated toward the following programs: Memo April 11, 1991 Page Two I) HOUSING REHABILITATION DEFERRED LOAN PROGRAM $30,000 This is an "on-going" program administered_ by the City of Eden Prairie (David Lindahl), and provides interest free deferred loans of up to $10,000 to lower income residents for home improvements. 2) POOL CHAIR LIFT FOR PHYSICALLY DISABLED $1,4130 These funds will be used by the Parks and Recreation Department to purchase a chair lift to be installed at the Community Center Pool to make the pool accessible to individuals with mobility limitations. These funds will be combined with a $1,200 grant received by the City from the Eden Prairie Foundation to purchase the lift. See attachment A on page 5 for illustration of chair lift. 3) SCATTERED SITE HOUSING ASSISTANCE PROGRAM $24,580 This program provides assistance to first time home buyers in Eden Prairie by providing $10,000 deferred loans to low and moderate income families, and is also administered by City staff. These loans are recovered by the City along with a portion of equity when the homes are sold, or when the term of the first mortgage expires. All recovered funds will be rolled hack into the program. The City is currently holding $89,500 in second mortgages. 1 1 ? PROPOSED YEAR XVII CDBG PROJECT DESCRIPTIONS PROGRAM NAME AND DESCRIPTION CURRENT YEAR XVI BALANCE 1990 HOMES SERVED TOTAL HOMES SERVED CHILD CARE SUBSIDY PROGRAM Provides subsidized day care for low income families. Program administered by Greater Minneapolis Day Care Association, Seven Eden Prairie families were assisted in 1990 and moved toward self-sufficiency. Six were single parent households. There are currently 64 Eden Prairie families on the waiting list for child care assistance. $15,000.00 7 21 HOUSEHOLD AND OUTSIDE MAINTENANCE FOR ELDERLY (HOME) Provides household and light maintenance services to seniors 60 and older. Services include heavy house cleaning, laundry, snow removal, small appliance repair, grocery shopping, and light carpentry work $3,161.07 22 104 HOUSING REHABILITATION PROGRAM Provides deferred loans of up to $10,000 to low income homeowners for home repairs and improvements. Loans are repayed to the City if homes are sold within 10 years of 'vine loans. , $24,734.00 II 31 POOL CHAIR LIFT AT COMMUNITY CENTER The funds would be used to purchase a Nolan Pool Lift model H100 A or 100 R for installation at the Eden Prairie Community Center Pool to make the pool accessible to individuals with mobility limitations. The pool will also increase the ability to provide aquatics programming for persons with disabilities including such programs as: 1) swimming lessons for youth and adults; 2) Aquatic Exercise classes; 3) special events programming; 4) family swim for those who have persons in their family with physical limitations. The above mentioned programs would be in addition to making the pool accessible at all times. The pool is currently not accessible to persons with disabilities or mobility limitations. A grant has been received from the Eden Prairie Foundation. They funded one half the cost of the project using 1989 costs. This project is a one time capital outlay. 0 0 0 SCATTERED SITE HOUSING ASSISTANCE PROGRAM Provides assistance to low and moderate income families for purchasing homes in Eden Prairie. The City provides 510.000 deferred loans which reduce the cost of homes in order to make them affordable. This program creates opportunities for lower income families to purchase homes of their own, promotes ownership, and increases the supply of affordable, habitable dwellings in Eden Prairie. 0 0 • -4- Tic! _ ."'WotridniTt —be great it everyone - - F:DC)0t: Alert r '-pool? Some people have difficulty getting in and out, and its these very people who would benefit most from the pleasurable benefits of water therapy. THE POOLIFT is the answer. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-83 RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Eden Prairie, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, following a public hearing on April 16, 1991 to obtain the views of citizens in local and Urban Hennepin County housing and community development needs and the City's following proposed use of $79,870 from the Year XVII Urban Hennepin County Community Development block Grant and $0.00 in program related income: PROJECTS BUDGET Housing Rehabilitation $34,580 Scattered Site Housing Program $20,000 Household and Outside Maintenance for Elderly $ 5,250 Greater Minneapolis Day Care Association $18,840 Pool Chairlift for Handicapped $ 1.200 TOTAL $79,870 BE IT RESOLVED that the City Council of the City of Eden Prairie approves the proposed use of Year XVII Urban Hennepin County Community Development Block Grant funds and program related income and authorizes submittal of the proposal to Hennepin County for review and inclusion in the Year XVII Urban Hennepin County Community Development Block Grant Program Statement of Objectives and Projected Use of Funds. ADOPTED by the City Council of the City of Eden Prairie this 16th day of April, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Franc, City Clerk I q CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 91-84 RESOLUTION AMENDING THE YEAR XVI URBAN HENNEPIN COUNTY STATEMENT OF PROJECTED USE OF FUNDS WHEREAS, the City of Eden Prairie, through a joint cooperation agreement with Hennepin County is a participant in the Urban Hennepin County Community Development Block Grant program; and WHEREAS, the City of Eden Prairie on October 16, 1990 executed Hennepin County Contract No. A05510 (Year XVI Subrecipient Agreement), which governs the implementation of approved activities in the Urban Hennepin County Community Development Block Grant program; and WHEREAS, the City of Eden Prairie proposes to fund operating costs of the senior center as a new project utilizing funds returned to the letter of credit for the Urban County Community Development Block Grant program. BE IT RESOLVED that the City of Eden Prairie now amends the Year XVI Urban Hennepin County Statement of Projected Use of Funds by reallocating $36,128 to #913, Senior Center - Operations. BE IT FURTHER RESOLVED that the City Council of Eden Prairie authorize the Mayor and City Manager to execute Amendment No. 2 to Contract A05510 to implement the subject amendment to the Year XVI Urban Hennepin County Statement of Proposed Use of Funds. ADOPTED by the City Council of the City of Eden Prairie this 16th day of April, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, Mayor MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, Director of Planning Dave Lindahl, Planner THROUGH: Carl Jullie, City Manager SUBJECT: Scattered Site Program - Update on HUD Situation DATE: April 11, 1991 The Scattered Site program has been inactive since November, 1989, because of a finding of ineligibility made by the Department of Housing and Urban Development (HUD). The local HUD office claimed that the method by which the program was implemented constituted an income payment, which is an eligible use of CDBG funds if administered by a neighborhood non-profit organization. Both the City and Hennepin County have always maintained that the sale of a home through the program constituted an acquisition of "real property," since the City is holding a second mortgage for each property sold. This mortgage arrangement is nearly identical with that used in the Housing Rehabilitation program. Acquisition of real property is an eligible use of CDBG funds and can be administered by the City. HUD was also requiring that the City repay $60,000 in funds expended toward the program. Staff has been working to resolve the situation since the finding was made in November. Efforts made by the City to overturn the HUD finding included: submitting a joint appeal with Hennepin County to HUD central in Washington; enlisting the help of U.S. Senators Rudy Boschwitz. and Dave Durenburger, U.S. Representative Bill Frenzel, and State Representative Sydney Pauly. Regardless of these efforts, HUD central eventually concurred with the local HUD office finding. However, Senator Boschwitz was particularly helpful in persuading the Senate to approve the Bartlett Amendment of National affordable Housing Act which allows home ownership programs, ie, City's Scattered Site program, as an eligible CDBG activity. This bill has subsequently been approved by Congress and signed by the president. The Bill stipulates, however, that all home ownership activities are to be phased out of the CDBG program by October, 1992. A new program is being created by HUD and is called the Housing Opportunity Partnership (HOPE). Apparently, this program will provide funding to communities throughout the nation for the purpose of supporting home ownership programs. The City's Scattered Site program should be eligible for funding through this program. Details of this program are not yet available. REPAYMENT/RESOLUTION: Although HI ID Central concurred with the findings of the local HUD office, they recommended imposing less severe sanctions regarding repayment since the program had been on-going for several years before the finding was made. Consequently, the local office reduced the amount of non-federal funds to be repaid by the City to $36,128, which is the amount expended toward Memo April II, 1991 Page Two the activity during the program year (Year XV) in which the finding was made. Several attempts were made by both City and County staff to emove the repayment sanction completely. HUD claimed that they understood that the program was developed and implemented as a creative and good faith effort on the part of the Eden Prairie staff to expand housing opportunities for low and moderate income residents. However, they view the repayment requirement as a necessity under federal regulations (which have subsequently been revised) rather than a punitive action in response to municipal or county malfeasance. The City staff eventually conceded to repaying the county $36,128 in non-federal funds under the following conditions: 1) The county will determine that the activity was found ineligible through no fault of the City and will treat the repayment as program income. 2) The County will waive the county's standard retention of ten percent of repayment amount and will credit the full amount to the City to be used for other eligible and fundable CDBG activities (Senior Center Administration). 3) The City will submit claims for previously unreimbursed local costs that the City already has expended (staff is submitting claims for $36,12.3 in operational costs of the Senior Center). Staff recommends the following: 1) That the council approve payment of $36,128 to Hennepin County for repayment of funds expended toward the Scattered Site program. 2) That the Council approve the execution of Resolution 91-84, which amends the Year XVI (1990-91) statement of projected use of funds to allow the creation of a new project, Senior Center-Operations. Repayment Procedures: Staff will submit a check to Hennepin County for $36,128, and will also include a warrant request for $36,128 for funds previously expended by the City (from general Budget) for operating costs of the Senior Center. The County will reimburse the City $36,128, and will consider the funds expended toward the newly created Year XVI activity - Senior Center Operations, therefore, eliminating any non-CDBG costs to the City. APRIL 16.1991 14078 CITY OF BLOOMINGTON HEPATITIS VACCINATION PROGRAM 12880.00 14079 COMMISSIONER OF REVENUE PAYROLL 3/22/91 13493.80 1 4080 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 155.00 )81 FIRST BANK EDEN PRAIRIE PAYROLL 3/22/91 66454.83 ‘4082 GREAT WEST LIFE ASSURANCE CO PAYROLL 3/22/91 6044.00 14083 HEWN CTY SUPPORT & COLLECTION SEE CHILD SUPPORT DEDUCTION 194.76 14084 ICMA RETIREMENT TRUST-457 PAYROLL 3/22/91 2113.72 14085 INTERNAL REVENUE SERVICE PAYROLL 3/22/91 32.00 14086 EXECUTIVE DIRECTOR-PERA PAYROLL 3/8/91 33615.80 14087 EXECUTIVE DIRECTOR -PERA PAYROLL 3/22/91 32707.85 14088 MN TEAMSTERS CREDIT UNION PAYROLL 3/22/91 25.00 14089 NORWEST BANK HOPKINS PAYROLLS 3/8/91 & 3/22/91 1140.00 14090 UNITED WAY PAYROLL 3/22/91 222.25 14091 NORTHERN STATES POWER CO SERVICE 14756.54 14092 U S WEST CELLULAR INC SERVICE 398.48 14093 APPLEBEES -GIFT CERTIFICATES FOR POLICE RESERVE 195.00 OFFICERS 14094 GRAND VIEW LODGE SCHOOL-POLICE DEPT 225.00 14095 SUPERINTENDENT OF DOCUMENTS BOOKS-POLICE DEPT 9.00 14096 JASON -NORTHCO PROP LP#1 APRIL 91 RENT-LIQUOR STORE 6842.83 14097 AT&T CREDIT CORPORATION SERVICE 98.67 14098 PETTY CASH EXPENSES-CITY HALL 48.18 14099 MINNEGASCO SERVICE 14151.89 14100 LORI DAHLSTROM REFUND-COMMUNITY CPR 10.00 14101 BARRY EICHMAN REFUND-TENNIS LESSONS 13.00 14102 GARY GASPERINI REFUND-KARATE LESSONS 26.00 14103 CAROLYN HUDSPETH REFUND-SWIMMING LESSONS 17.00 14104 DEBORAH LEWIS REFUND-GYMNASTICS CLASS 12.75 4105 IRENE MEYERS REFUND-ADULT CRAFTS CLASS 7.00 106 TAMARA NOEL REFUND-SWIMMING LESSONS 17.00 14107 BARBARA PROVO REFUND-SWIMMING LESSONS 10.00 14108 DOUGLAS ROBERTSON REFUND-SWIMMING LESSONS 19.00 14109 LAURA RUCKER -REFUND-DISNEY ON ICE SHOW-SPECIAL TRIPS & 14.00 EVENTS PROGRAM 14110 U S WEST CELLULAR INC SERVICE 25.60 14111 PRAIRIE CYCLE BICYCLE REPAIR-POLICE DEPT 65.00 14112 CHASKA COMMUNITY CENTER SPECIAL TRIPS & EVENTS PROGRAM/FEES PAID 23.63 14113 EDEN PRAIRIE SCHOOL FOOD SERVICE SERVICE-MARTIN LUTHER KING JR DINNER 1502.00 14114 RICHARD LUGEANBEAL SPRINGBOARD DIVING INSTRUCTOR/FEES PAID 157.88 14115 MERLINS HARDWARE HANK -PAINT/CONTACT CEMENT/PAINT BRUSHES/HINGES/ 168.45 -PAINT TRAYS/HOSE/FITTINGS/RUST REMOVER/ -HOSE CLAMPS-CITY HALL/STREET MAINT/PARK MAINTENANCE/COMMUNITY CENTER 14116 R & R SPECIALTIES INC -ZAM&ONI BLADES SHARPENED/STUDDED TIRE/ 515.75 -OIL FILTERS/SNOW SHIELD/DISTRIBUTOR/TAIL PIPE-ICE ARENA-COMMUNITY CENTER 14117 BARBARA J RICE -SWIMMING AIDE-ADAPTIVE RECREATION PROGRAM/ 57.72 FEES PAID 14118 AT&T CONSUMER PRODUCTS DIV SERVICE 17.8E 14119 AT&T SERVICE 29.17 14120 AT&T SERVICE 81.0S 14121 BIRTCHER WELSH APRIL 91 RENT-CITY HALL 21707.14 14122 U S WEST COMMUNICATIONS SERVICE 1246.2f 14123 EAGLE WINE CO WINE 1606.01 124 GRIGGS COOPER & CO INC LIQUOR 3702.6f 23685656 APRIL 16.1991 14125 JOHNSON BROTHERS LIQUOR CO 14126 ED PHILLIPS & SONS CO 14127 PRIOR WINE CO 128 QUALITY WINE & SPIRITS CO ..4129 MARTHA BARKER 14130 FLOYD CARPENTER 14131 JUDD HOFFMAN 14132 MARK MC CARTAN 14133 ARDIS MC CARTHY 14134 NICK MUNSON 14135 SUE THOMPSON 14136 NORTHERN STATES POWER COMPANY 14137 HOPKINS POSTMASTER 14138 DELEGARD TOOL CO 14139 FEIST BLANCHARD CO 14140 GENUINE PARTS COMPANY 0141 VOID OUT CHECK 14142 J L SHIELY COMPANY 14143 KURT KLINGELHUTZ STORAGE 14144 SUPPLEES 7 HI ENTER INC 14145 MN GERONTOLOGICAL SOCIETY 14146 BARBARA BERG 14147 CAROL SCHUBERT 14148 FIRE DEPT SAFETY OFFICERS ASSN 14149 EAGLE WINE CO 14150 GRIGGS COOPER & CO INC 14151 JOHNSON BROTHERS LIQUOR CO 14152 ED PHILLIPS & SONS CO 14153 PRIOR WINE CO 14154 QUALITY WINE & SPIRITS CO 14155 VOID YLIT CHECK 14156 HOPKINS POSTMASTER 14157 UNIVERSITY OF MINNESOTA 14158 S I R MILES INC 14159 DANA GIBBS 14160 BRINGERS 14161 MN BOARD OF PEACE OFFICER 14162 LEROY LARSON 14163 ALL AMERICAN BOTTLING CORP 164 BEER WHOLESALERS INC 9463315 WINE 5284.19 LIQUOR 6603.11 WINE 1018.80 LIQUOR 3034.68 REFUND-SWIMMING LESSONS 19.00 -REFUND-YOUR FAMILY HISTORY-SENIOR CITIZENS 2.00 PROGRAM REFUND-SWIMMING LESSONS 37.00 -REFUND-YOUR FAMILY HISTORY-SENIOR CITIZENS 2.00 PROGRAM -REFUND-YOUR FAMILY HISTORY-SENIOR CITIZENS 2.00 PROGRAM -REFUND-DISNEY ON ICE-SPECIAL TRIPS & 14.00 EVENTS PROGRAM REFUND-SWIMMING LESSONS 32.25 SERVICE 27780.49 -POSTAGE FOR SUMMER BROCHURES-RECREATION 5108.54 ADMINISTRATION -HOOKS/SOCKETS/KNIFE/BATTERIES/TAPE/METAL 759.18 CREEPER-EQUIPMENT MAINTENANCE -MIRROR ARM/FLARE/OIL SEALS/SCREWS/WHEEL 549.26 -CYLINDERS/BRAKE SHOES/BELTS/HOSE/CABLE -TIES/FLASHERS/DOME LAMPS/WIRING KIT- EQUIPMENT MAINTENANCE -MARKERS/BOLTS/HUBS/FLASHERS/SIGNALS/WIRE/ 2355.06 -SPLASHGUARD/GAUGES/CUSHIONS/SOLDER/FUSE -HOLDERS/HOSES/POWER STEERING FLUID/CLAMPS/ -CABLES/BATTERIES/HORN/AIR PUMP/FILTERS/ -DISTRIBUTOR CAP/VALVES/IGNITION COILS/ VOLT REGULATORS/HOUSING-EQUIPMENT MAINT 0.00 GRAVEL-DRAINAGE CONTROL/STREET MAINTENANCE 1363.47 -2ND HALF OF PAYMENT FOR WINTER STORAGE OF 525.00 STREET & PARK MAINTENANCE APRIL 91 RENT-LIQUOR STORE 4921.15 CONFERENCE-SENIOR CENTER 65.00 REFUND-SWIMMING LESSONS 15.25 REFUND-AQUA AEROBICS CLASS 18.00 CONFERENCE-FIRE DEFT 195.00 WINE 260.35 LIQUOR 7294.38 LIQUOR 11210.70 LIQUOR 3367.08 WINE 905.77 LIQUOR .3268.30 0.00 POSTAGE FOR POSTAGE METER-CITY HALL 5000.0C CONFERENCE-HUMAN RESOURCES DEPT 155.0C CONFERENCE-COMMUNITY CENTER 150.01 SERVICE-PACKET DELIVERY 120.0C EXPENSES-CITY COUNCIL 95.72 LICENSE FEES-POLICE DEFT 195.01 ENTERTAINMENT-SENIOR PROGRAMS 30.01 MIX BEER 2843.9f '?ovi APRIL 16.1991 14201 BARCO BEARING CO 14202 BARTON ASCHMAN ASSOCIATES INC 14203 BACONS ELECTRIC CO BEER 6923.48 BEER 27159.79 MIX 138.50 MIX 14.90 BEER 13888.90 MIX 506.03 MIX 393.83 BEER 18862.40 REFUND-FIREWOOD 12.00 REFUND-SWIMMING LESSON 17.00 REFUND-LIFEGUARD TRAINING CLASS 52.71 56.00 REFUND-LIFEGUARD TRAINING CLASS REFUND-SWIMMING LESSONS 17.00 REFUND-LIFEGUARD TRAINING CLASS 62.00 REFUND-SWIMMING LESSONS 17.00 REFUND-LIFEGUARD TRAINING CLASS 65.00 REFUND-LIFEGUARD TRAINING CLASS 112.71 REFUND-SWIMMING LESSONS 32.25 REFUND-SWIMMING LESSONS 17.00 REFUND-SWIMMING LESSONS 19.00 REFUND-SWIMMING LESSONS 17.00 -SERVICE-CEDAR RIDGE STORM SEWER/MITCHELL 48810.14 RD & SHADY POINTE ADDITION IMPROVEMENTS -FLOOR EDGER & SCRAPER RENTALS-COMMUNITY 121.30 CENTER POST POUNDER SLEEVE-SIGNS DEFT 250.15 -ADJUSTED DOOR OILER/PUT KEYWAY IN 108.10 SPROCKET/LUBRICANT-FACILITIES DEPT -APRIL 91 PAGER SERVICE-BUILDING 58.50 INSPECTIONS DEPT BATTERIES -FACILTIES DEPT 91.08 -UNIFORMS-BLDG INSPECTIONS DEFT/STREET 1016.74 -MAINT/EQUIPMENT MAINT/PARK MAINT/COMUNITY CENTER/MATS-LIQUOR STORE -RESCUE MANIKINS RENTAL/MANUALS-AQUATICS 64.90 SUPERVISOR/POOL LESSONS BOOKS-WATER DEPT 102.30 HOCKEY OFFICICAL/FEES PD 140.00 EXPENSES-FIRE DEPT/COMMUNITY CENTER 47.00 -2ND QTR SECURITY SYSTEM MAINTENANCE 155.10 AGREEMENT-OUTDOOR CENTER PANEL-FACILITIES DEPT 54.72 -AIR FILTER/FUEL PUMP/DOME LIGHT/OIL 158.34 -FILTERS/BRAKE PAD/SEALER-EQUIPMENT MAINT/ PARK MAINTENANCE -TROUBLE LIGHT/WIRE WHEEL/GRINDING STONE/ 570.00 -AIR DRILL/PRY BARS/SOCKETS/BUTANE/DRILL -BITS/PNEUMATIC DRILL HOLDER/FUEL -INJECTION GAUGE-UTILITIES DIVISION EQUIPMENT MAINTENANCE BEARING HEATER-SEWER DEFT 185.51 SERVICE-HWY 5TO CTY RD 4 9581.35 -REVISE LIFT STATION CONTROL PANEL WIRING/ 2546.48 -REPLACED WELL GEAR HANDLES/REPLACED LIGHT -FIXTURES/INSPECTED WELL HOUSE MOTOR CONNECTIONS-UTILITIES DIVISION 14165 DAY DISTRIBUTING CO 14166 EAST SIDE BEVERAGE CO 1 4167 HOME JUICE PRODUCTS 168 KIRSCH DISTRIBUTING CO -4169 MARK VII DISTRIBUTING COMPANY 14170 MIDWEST COCA COLA BOTTLING CO 14171 PEPSI COLA COMPANY 14172 THORPE DISTRIBUTING COMPANY 14173 MARY ANDERSON 14174 ANN BRAU 14175 SONJA CHRISTENSON 14176 LORI DAHLSTROM 14177 LINDA DAMASIN 14178 JAN NGUYEN 14179 WALTER SCHROEDER 14180 ANDREA SISAM 14181 PEGGY SORENSON 14182 SHERYL TRAINOR 14183 BARBARA TROYER 14184 JEANETTE TWEDTEN 14185 TERRY WORKMAN 14186 NODLAND CONSTRUCTION 14187 A TO Z RENTAL CENTER 14188 ABM EQUIPMENT & SUPPLY INC 14189 AIRLIFT DOORS INC 4190 AIRSIGNAL INC 14191 ALEXANDER BATTERY NORTH 14192 AMERICAN LINEN SUPPLY CO 14193 AMERICAN RED CROSS 14194 AMERICAN WATER WORKS ASSOC 14195 DON ANDERSON 14196 ANDERSONS GARDEN 14197 ARMOR SECURITY INC 14198 ASSOCIATED HANDLING INC 14199 AUTO CENTRAL SUPPLY 14200 B S TOOLS 13244621 -SOFTBALL/VOLLEYBALL/BASKETBALL AND 1017.00 BROOMBALL OFFICIAL/FEES PAID EDGER BLADES-COMMUNITY CENTER 36.00 2ND QTR MAINT AGREEMENT-WATER DEPT 5196.00 SAFETY DIRECTORY SET-SAFETY DEPT 34.25 SPECIAL TRIPS COORDINATOR/FEES PD 90.63 WASTE DISPOSAL-PARK MAINT DEPT 65.92 BOOK/MILEAGE-COMMUNITY CENTER ADMIN 38.98 -REFERENCE GUIDE FOR HANDICAP CITIZENS- 5.00 CITY HALL -MINUTES-PARKS RECREATION & NATURAL 58.73 RESOURCES COMMISION POOL MOTOR REPAIR/BELT-COMMUNITY CENTER 338.85 MOTOR/POCKET-EQUIPMENT MAINT 166.87 CONFERENCE EXPENSES-FIRE DEPT 80.27 -VACCUUM CLEANER REPAIR/FILTERS- 24.00 FACILITIES DEPT TOWELS-FACILITIES DEPT 238.97 PLAQUES-ORGANIZED ATHLETICS 216.00 MILEAGE-FINANCE DEPT 84.50 APRIL 91 WASTE DISPOSAL SERVICE 1311.20 SLIDES-SAFETY DEPT 51.98 RADIO REPAIR-POLICE DEPT 312.50 -HEATER REPAIR-PARKS BLDG/REPLACED 3724.54 -COMPRESSOR VALVES & DRYER-$850-POLICE -BLDG/REPLACED VALVE & REPAIRED EVAPORATOR -COIL-$850-POLICE BLDG/REPLACED FAN RELAYS - -$118 & 2ND QTR 91 MAINTENANCE CONTRACT- $2047-CITY HALL CHAIN-FORESTRY DEPT 18.90 -NUTS & BOLTS/CLAMPS/SWITCHES/HOSES/ 312.70 FITTINGS-EQUIPMENT MAINTENANCE ANTENNAS/CRIMPERS-EQUIP MAINT 155.52 BLACKTOP-STREET MAINTENANCE 158.69 COMPUTER REPAIR-POLICE DEPT 183.00 FACE MASKS/GOGGLES/FILTERS-PARK MAINT 350.66 SERVICE-OUTDOOR CENTER 29.90 QUICKLIME-WATER DEPT 3264.37 -CLEANING SUPPLIES-FACILITIES DEPT/ 1440.30 COMMUNITY CENTER -CARPENTRY WORK ON HOMEWARD HILLS BARN- 2156.00 PARK MAINTENANCE MILEAGE-LIQUOR STORE 14.00 APRIL 91 SERVICE-CITY HALL 49.50 MARCH 91 WASTE DISPOSAL-STREET MAINT 30.00 -AIR TANK LICENSES-PUBLIC WORKS BLDG/FIRE 20.00 STATION HUNTER EDUCATION PROGRAM/FEES PD " 130.00 -CARBON MONOXIDE INDICATOR BADGES-SAFETY 72.60 DEPT 1990 TAX INCREMENT ADMINISTRATIVE COST 2431.74 CHLORINE-WATER DPET 1093.30 EXPENSES-FIRE DEFT 397.02 -EXPENSES/CONCESSION STAND SUPPLIES- 71.71 COMMUNITY CENTER 14204 GERALD J BARTZ 14205 BECKER ARENA PRODUCTS INC 14206 BENTEC ENGINEERING CORP 14207 A M BEST COMPANY 08 DIANE BIERBAUM .209 BIFFS INC 14210 DAVE BLACK 14211 CITY OF BLOOMINGTON 14212 LOIS BOETTCHER 14213 BOUSTEAD ELECTRIC & MFG CO 14214 BOYER FORD TRUCKS INC 14215 LANCE BRACE 14216 BRISSMAN KENNEDY INC 14217 BRO-TEX INC 14218 BROADWAY AWARDS 14219 MAXINE BRUECK 14220 BUCKINGHAM DISPOSAL INC 14221 BUREAU OF BUSINESS PRACTICE 14222 CAPITOL COMMUNICATIONS 14223 CENTRAIRE INC 14224 CHANHASSEN LAWN & SPORTS 14 225 CLUTCH & TRANSMISSION SER INC 14226 COMM CENTER 14227 COMMERCIAL ASPHALT CO 14228 COMPUTER BUYING SERVICE 14229 CONTINENTAL SAFETY EQUIP INC 14230 CULLIGAN - METRO 14231 CUTLER MAGNER COMPANY 14232 DALCO 14233 DAYSTAR BUILDERS INC 14234 MITCHELL DEAN 14235 DECORATIVE DESIGNS 14236 DEN CON LANDFILL INC 14237 STATE OF MINNESOTA 14238 ADVANCED HUNTER EDUCATION PROGRAM 14239 DIRECT SAFETY CO 14240 HENNEPIN COUNTY TREASURER 14241 DPC INDUSTRIES INC 14242 DRISKILLS SUPER VALU 14243 DRISKILLS SUPER VALU 547009 14244 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT 27.26 14245 DRISKILLS SUPER VALU -EXPENSES-CITY HALL/SENIOR CENTER/OUTTOOR 245.79 CENTER/COMMUNITY CENTER 14246 DUBLIN PRODUCTIONS -RECRUITMENT TAPE TO BE REIMBURSED BY 2566.04 OTHER FIRE DEPARTMENTS 247 E P PHOTO FHA/FILM PROCESSING-FIRE DEPT 69.29 ,4248 ECOLAB PEST ELIMINATION DIVISION -MARCH 91 PEST CONTROL SERVICE-FIRE 100.00 STATIONS 14249 EDEN PRAIRIE APPLIANCE CRISPER COVER-PARK MAINTENANCE 45.95 14250 EDEN PRAIRIE CHAMBER OF COMMERCE EXPENSES-CITY HALL 114.00 14251 EDEN PRAIRIE SNOWDRIFTERS REIMBURSEMENT-SNOWMOBILE TRAIL GRANT 658.09 14252 EMPRO CORPORATION -PRESSURE WASHER REPAIR/TRIGGERS- 281.78 FACILITIES DEPT 14253 GEORGE ESBENSEN POSTAGE-FIRE 40.00 14254 FACILITY SYSTEMS INC DESIGN SERVICE-FACILITIES DEPT 130.00 14255 FBS CAPITAL MARKETS GROUP EXPENSES-FINANCE DEPT 2.25 14256 FIDELITY PRODUCTS CO BAGS-WATER TREATMENT PLANT 185.65 14257 FIRE INSTRUCTORS ASSN OF MINN TRAINING EXPENSES-FIRE DEPT 77.90 14258 FINLEY BROS ENTERPRISES BASKETBALL GOAL/WINDSCREENS-PARK MAINT 479.19 14259 FIRST TECH COMPUTER CABLE-HUMAN RESOURCES DEPT 26.00 14260 FLEXIBLE PIPE TOOL COMPANY NOZZLES/MANHOLE HOSE GUIDE-SEWER DEPT 310.48 14261 STUART FOX SOFTBALL OFFICIAL/FEES PD 48.00 14262 FOX VALLEY SYSTEMS INC PAINT-WATER DEPT 59.66 14263 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 414.11 14264 BOB FROLAND SERVICE-SKATING RINK ATTENDANT 88.40 14265 DEANNA S FUNK EXPENSES-POLICE 11.50 14266 G & K SERVICES TOWELS-PARK MAINT/LIQUOR STORE 39.40 14267 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 571.66 14268 GARDNER HARDWARE CO -DRILL BITS/BOLTS/ANCHORS/DOCK SETS- 161.90 COMMUNITY CENTER 1 269 GENERAL FIRE EQUIPMENT CO INC WHEELS-FIRE DEPT 180.00 270 THE GLIDDEN COMPANY -PAINT/PAINT TRAYS/SPRAY GUNS/OIL-FIRE 268.71 DEPT/WATER DEFT 14271 CHARLES A GOBLE EMERGENCY TECHNICIAN BAGS-FIRE DEPT 280.00 14272 W W GOETSCH ASSOCIATES INC PUMP CLAMPS/PACKING & SLEEVE-WATER DEPT 130.52 14273 GOODWILL INDUSTRIES INC MARCH 91 EXPENSES-SOLID WASTE MANAGEMENT 2012.50 14274 GOPHER OIL COMPANY OIL/LUBRICANT-WATER DEPT 541.75 14275 GOPHER STATE ONE-CALL INC FEB 91 SERVICE 10.00 14276 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE 214.00 14277 W W GRAINGER INC -ENITERY CHARGER/UTILITY BAG-SEWER DEPT/ 248.27 FACILITIES DEPT 14278 GREAT AMERICAN MARINE OUTBOARD MOTOR-FIRE DEFT 825.00 14279 GREENTREE GRAPHIC PRODUCTS SIGNS-FIRE DEPT 121.85 14280 GUNNAR ELECTRIC CO INC -CIRCUIT BREAKER/CABLE CLAMPS/WIRING FOR 505.63 -VENDING MACHINE/INSTALLED BALLAST & -CAPACITOR-SEWER DEFT/FACILITIES DEPT/ SENIOR CENTER 14281 HARMON GLASS WINDSHIELD REPAIR-WATER DEPT 144.75 14282 JIM HATCH SALES CO -FIRE HOSES -$206 -WATER DEPT/FENCING-$1128- 1334.83 PARK MAINTENANCE 14233 HAZARD CONTROL INC GLOVES-SAFETY DEPT/CHAINS-FORESTRY DEPT 50.00 14284 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 233.00 14285 HENN CTY-SHERIFFS DEPT FEBRUARY 91 BOOKING FEE-POLICE DEPT 201.24 14286 HENNEPIN COUNTY -REPAYMENT OF FUNDS-SCATTERED SITE 36128.0C PROGRAM '998435 c!C 0 14287 MRS JOHN HOBBS 14288 HOFFERS INC 14289 HOME LUMBER 1 4290 HORIZON GRAPHICS INC 14291 HYDRAULIC SERVICES INC 14292 INACOMP 14293 INDEPENDENT swim DIST #272 14294 INSTY-PRINTS 14295 BRUCE ISAAC 14296 GARY ISAACS 14297 MICHAEL JACQUES 14298 JEMS COMMUNICATIONS 14299 JERRYS NEWMARKET 14300 JM OFFICE PRODUCTS INC 14301 JOHNSON CONTROLS 14302 JUSTUS LUMBER CO 14303 DAN N KANTAR 14304 RON KIRSCH 14305 KOCH INDUSTRIES INC 14306 KOSS PAINT & WALLPAPER INC 14307 LAB SAFETY SUPPLY 14308 LADDER WORLD 1 309 LAKE REGION MUTUAL AID ASSN :310 UtIKELAND TRUCK CENTER 14311 LEMETTRYS COLLISION 14312 LANDCO/HANSEN EQUIPMENT INC 14313 CINDY LANENBERG 14314 LANG PAULY & GREGERSON LTD 14315 L LEMAN & ASSOCIATES INC 14316 LESMANN ENTERPRISES INC 14317 DAVID LINDAHL 14318 LUSIAN ELECTRIC 14319 JOHN LUTIIR 14320 MACQUEEN EQUIPMENT INC 14321 ESTHER MAGEE 14322 GEORGE MARSHALL 14323 MATRX MEDICAL INC 14324 MBA DESKTOP PUBLISHING PLUS 14325 JULIA MCFADDEN 14326 AFNAD MCGOWAN 14327 METRO PRINTING INC 2710776 TEACHING TECHNIQUES INSTRUCTOR-FIRE DEFT 100.00 -PAINT/OIL STAIN/PAINT ROLLER COVERS/ 131.21 MASKING TAPE-PARK MAINTENANCE LUMBER-HOMEWARD HILLS PARK 883.85 -PRINTING-COMMUNITY NEWSLETTER-$1750/ 2771.13 RECYCLE ADVERTISING-SOLID WASTE MANAGEMENT SNOW PLOW RAMS-EQUIP MAINTENANCE DEPT 330.88 LAZERJET PRINTER-FINANCE DEPT 839.00 ROOM RENTAL-ORGANIZED ATHLETICS 602.50 -PRINTING-REPORTS/BUSINESS CARDS-POLICE 59.40 DEPT -SOFTBALL/VOLLEYBALL/BASKETBALL OFFICIAL/ 318.00 FEES PAID SOFTBALL COORDINATOR/FEES PD 229.50 MILEAGE-LIQUOR STORE 15.00 TRAINING SUPPLIES-FIRE DEPT 13.95 EXPENSES-FIRE DEPT 57.13 OFFICE SUPPLIES-FIRE DPET 22.76 OIL-COMMUNITY CENTER 142.08 -DOOR/PLYWOOD/HINGES/NAILS/SHELF BRACKETS/ 273.05 -SCREWS-FIRE DEPT/POLICE DEPT/STREET MAINT/ PARK MAINTENANCE SOCKET RAIL-EQUIPMENT MAINT DEPT 8.60 VOLLEYBALL OFFICIAL/FEES PD 930.00 CHEMICALS-WATER TREATMENT PLANT 352.45 PAINT-PARK MAINT 370.34 -SAFETY GLOVES/SIGNS/GOGGLES/FACES MASKS/ 1476.91 -4 STORAGE CABINETS-$1112 -UTILITIES DIVISION 3 STEP LADDERS-BLDG INSPECTIONS DEPT 360.00 DUES-FIRE DEPT 10.00 -FAN HUB BRACKET-$687/WHEEL ALIGNMENT- 1089.93 EQUIPMENT MAINTENANCE REPAIR & PAINT VEHICLE-EQUIPMENT MAINT 297.70 -WIPERS/0 -RINGS/PACKING/PISTON CUPS/ 54.89 WEAR RINGS-FORESTRY DEPT MILEAGE-FIRE DEPT 40.75 FEBRUARY 91 SERVICE-PROSECUTION 10609.10 -MARCH 91 LEGAL SERVICE-FLYING CLOUD 2258.81 LANDFILL CLEAR COATING VEHICLE-EQUIPMENT MAINT 175.00 MILEAGE-PLANNING DEPT 9.00 REPLACE FLUORESCENT BALLAST-LIQUOR STORE 56.55 -RECRUITMENT TAPES-TO BE REIMBURSED BY 121.66 OTHER FIRE DEPARTMENTS -SPROCKETS/DRIVE CHAINS/FILTERS-EQUIPMENT 717.80 MAINTENANCE ICE SHOW COSTUMES-COMMUNITY CENTER 348.98 SERVICE-PLEASANT HILLS CEMETERY 250.0C 1ST AID RESCUE EQUIPMENT-FIRE DEFT TYPESETTING-FLYER-OUTDOOR CENTER PROGRAMS 201. 8 MILEAGE-AQUATICS SUPERVISOR 34•8E VOLLEYBALL & BASKETBALL OFFICIAL/FEES PD 69.0( PRINTING FORMS-POLICE DEPT/FIRE DEPT 223.0( 1 -OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 1035.37 all1MITY CENTER -OFFICE PARTITIONS/TABLE EXTENSIONS/WORK 2011.58 -SURFACE MOUNT BRACKETS-BLDG INSPECTIONS DEPT -APRIL 91 PAGER SERVICE-STREET MAINT/ 64.57 COMMUNITY CENTER SUPPLIES-LIQUOR STORE 197.86 DUES-FIRE DEPT 35.00 MARCH 91 FUEL TAX 333.20 ADVERTISING-LIQUOR STORES 267.00 CONFERENCE-SAFETY DEPT 650.00 REFUND OVERPAYMENT OF SPECIAL ASSESSMENTS 27.00 SWING JOINT-FACILITIES DEPT 55.00 PAINT-WATER TREATMENT PLANT 680.75 EXPENSES-CITY COUNCIL 128.74 -SLEEVES/RINGS/OIL SEALS/BEARINGS/SPRING/ 256.80 RING RETAINER-PARK MAINTENANCE GRAVEL-STREET MAINT 554.25 STEEL HOUSING/LENSES-EQUIPMENT MAINT 518.60 BOOK-PLANNING DEPT 3.00 BOOK-POLICE DEPT 27.75 EMPLOYMENT ADS-HUMAN RESOURCES DEPT 79.80 SUPPLIES-LIQUOR STORE 67.20 1991 FACSIMILE MAINT AGREEMENT-CITY HALL 225.00 -NUT DRIVER/ELECTRICIANS POUCH-FACILITIES 58.99 DEPT -SERVICE-RECRUITING TAPE-TO BE REIMBURSED 252.00 BY OTHER FIRE DEPARTMENTS GAS-EQUIPMENT MAINT 18.80 -MOVE DOOR OPENING-POLICE FORFEITURE- 2678.00 DIMS/INSTALLED CARPET-FACILITIES DEPT CEMENT-PARK MAINT 5.90 CALCULATOR-LIQUOR STORE 185.00 -SERVICE-MUNICIPAL LIQUOR STORE SITE 7389.00 SELECTION RESEARCH -NAPKINS/FORKS/TABLECLOTH-HUMAN RESOURCES 10.30 DEFT HARASSMENT SLIDES-HUMAN RESOURCES DEPT 225.00 MILEAGE-COMMUNITY CENTER ADMINISTRATION 20.25 PERKS-PLANNING DEPT 165.00 -REPAIR DOOR OPENERS/RECONNECT POWER- 576.75 -FIRE STATION/REPAIRED HEATING UNIT/ -INSTALLED RECEPTACLE & CIRCUIT BREAKER/ -INSTALLED GROUND WIRE/REPAIRED CIRCUIT BREAKER-FACILITIES DEPT -PAINT/PAINT ROLLERS/GLOVES/MASKING TAPE/ 255.04 KEYS-FIRE DEPT -BRACKETS/SCREWS/DRILL BITS/ANGLES/DOOR 55.8E -STOPS/BRUSHES/TAPE RULERS-BLDG INSPECTIONS DEPT/FACILITIES DEPT -OUTLET STRIP/BRUSHES/BLADES/GLOVES/ 88.41 -SANDING BLOCK/SANDPAPER/SWITCHES/GREASE -CARTRIDGES/PVC ELBOW/LIGHTS-COMMUNITY CENTER APRIL 16.1991 14328 MIDWEST BUSINESS PRODUCTS 14329 HERMAN MILLER INC 14330 MINNCOMM PAGING 14331 MINNESOTA BAR SUPPLY 14332 Ill FIRE AGENCIES PURCHASING CONSO 14333 MN DEPARTMENT OF REVENUE 14334 MN SUBURBAN PUBLICATIONS 14335 MINNESOTA SAFETY COUNCIL INC 14336 MINNESOTA TITLE 14337 MINNESOTA WANNER CO 14338 R E MOONEY & ASSOCIATES INC 14339 TOM MOSGALLER 14340 MTI DISTRIBUTING CO 14341 NM MUELLER & SONS INC 14342 MUNICILITE CO 14343 NATIONAL LEAGUE CF CITIES 14344 NATIONAL TACTICAL OFFICERS ASSOC 14345 NATIONWIDE ADVERTISING SERVICE IN 14346 NORTH STAR ICE 14347 NORTHLAND BUSINESS COMMUNICATIONS 14348 NORTHLAND ELECTRIC SUPPLY CO 14349 NORTHWEST TELEPRODUCTIONS 350 NORTHWOOD GAS CO 14351 OAKWOOD BUILDERS INC 14352 OCHS BRICK & TILE CO 14353 OFFICE PRODUCTS OF MN INC 14354 C J OLSON MARKET RESEARCH INC 14355 PAPER WAREHOUSE 14356 PEC 14357 CONNIE L PETERS 14358 PHOTOS INC 14359 PRAIRIE ELECTRIC COMPANY INC 14360 PRAIRIE HARDWARE 14361 PRAIRIE HARDWARE 14362 PRAIRIE HARDWARE 1920081 iq F APRIL 16.1991 14363 PRAIRIE HARDWARE -BATTERIES/SCREWS/STEEL WOOL/MASTER LOCKS/ 145.95 -HOSE FITTINGS/CARRIAGE BOLT/HINGES/NUTS & -BOLTS/HANDLE/TAPE/BUCKET/LAQUER THINNER- PARK MAINTENANCE 4364 PRAIRIE HARENARE -KEY/UTILITY KNIFE/RUBBER TABS/PLIERS/ 66.62 TAPE/FUSES/WIRE CLIPS/BUCKETS-WATER DEPT 14385 PRAIRIE HARDWARE -MAILBOXES/NUMBERS/SCREWS/DRILL BIT/ 142.62 -BOLTS/FUSES/CHAINS/FLUORESCENT FIXTURE- STREET MAINTENANCE/EQUIPMENT MAINTENANCE 14366 PRAIRIE LAWN & GARDEN AIR COMPRESSOR REPAIR-COMMUNITY CENTER 51.65 14367 PRAIRIE OFFSET PRINTING INC -PRINTING FLYER-HISTORICAL & CULTURAL 80.75 COMMISSION 14368 PSQ BUSINESS COMMUNICATIONS INC TELEPHONE REPAIR-CITY HALL 222.30 14369 PSQ LEASING & MAINTENANCE -2ND QTR 91 TELEPHONE MAINTENANCE 1465.50 AGREEMENT-FACILITIES DEPT 14370 RADIO SHACK RADIO GUIDE-POLICE DEPT 7.95 14371 REEDS SALES & SERVICE INC -TRACTOR LAWNMOWER REELS -$728/SEALS/RINGS - 777.00 PARK MAINTENANCE 14372 REUTER RECYCLING INC WASTE DISPOSAL-PARK MAINTENANCE 48.14 14373 RHINO LININGS OF MINNESOTA VAN BEDLINER COATING-ANIMAL CONTROL DEPT 399.00 14374 RIDGE DOOR SALES & SERVICE INC SAFETY HOSE/ROLLER-FACILITIES DEFT 85.15 14375 ROGERS SERVICE ALTERNATOR-EQUIPMENT MAINT 181.71 14376 JEFF RONNEBERG AFTERSCHOOL PLAYRGROUND INSTRUCTOR/FEE PD 312.00 14377 ROOT -0-MATIC SEWER SERVICE SERVICE-P/W BLDG/FIRE STATION 197.75 14378 RUBENSTEIN & ZIFF INC ICE SHOW COSTUMES-COMMUNITY CENTER 208.15 14379 RYANS RUBBER STAMPS NOTARY STAMPS-ENGINEERING DEPT 25.00 14380 SAFETY & TRAINING SERVICES VIDEO TAPES-WATER DEPT 186.00 14381 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-CITY HALL/WATER DEPT/ 278.21 STREET MAINTENANCE/COMMUNITY CENTER 382 SALLY DISTRIBUTORS INC -BALLOONS/BALLOON STRING/TOYS & GAMES- 490.30 SOCIAL PROGRAM 14383 SANCO INC -CLEANING SUPPLIES-FACILITIES DEPT/ 415.57 COMMUNITY CENTER 14384 THE SANDWICH FACTORY INC EXPENSES-CITY COUNCIL/ATHLETIC COORDINATR 122.71 14385 CHUCK SCHAITBERGER DUES-BLDG INSPECTIONS DEPT 10.00 14386 KEVIN SCHMIEG MARCH 91 EXPENSES -BDLG INSPECTIONS DEPT 200.00 14387 KR ARVID SCHWARTZ REFUND-HOUSE MOVING DEPOSIT 745.00 14388 SEELYE PLASTIC INC -CUTTING WHEELS/PVC PIPE/FITTINGS-WATER 257.35 DEPT 14389 SETON NAME PLATE COMPANY SAFETY BADGES-WATER DEPT/SAFETY DEPT 129.93 14390 SHAKOPEE FORD INC -REPLACED CHOKE COVER & RELAY/REPLACED 390.63 -THROTTLE CABLE & DISTRIBUTOR-EQUIPMENT MAINTENANCE 14391 SIR SPEEDY PRINTING CENTER PRINTING LETTERHEAD-SAFETY DEPT 63.00 14392 RANDY L SLICK SCHOOL-ENGINEERING DEFT 222.65 14393 W GORDON SMITH CO -TRANSMISSION FLUID/GEAR LUBRICANT- 268.94 EQUIPMENT MAINTENANCE/PARK MAINTENANCE 14394 SNAP ON TOOLS CORP RAIL/CLIPS/SOCKETS-WATER DEPT 51.05 14395 SOUTHWEST SUBURBAN PUBLISH INC -EMPLOYMENT ADS-UTILITIES DIVISION/ ADAPTIVE RECREATION PROGRAM/POOL LESSONS 14396 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/FLYERS-FIRE 2237.7e DEPT/ADVERTISING-LIQUOR STORES 14397 SPORTS WORLD USA VOLLEYBALL-ORGANIZED ATHLETICS 76.72 14398 SPRINGSTED SERVICE-FINANCE DEPT 952.5( '399 STANDARD SPRING CO -BUSHINGS/BEARINGS/AUXILIARY MOTOR- 362.52 EQUIPMENT MAINTENANCE 254.15 1213225 14400 STAR TRIBUNE SUBSCRIPTION-CITY HALL 67.60 14401 SUBURBAN CHEVROLET -MIRROR ASSEMBLY/BRAKE PADS/COVER/BEARING 467.24 -HOUSING/CABLE ASSEMBLIES/VALVES/PIPES - EQUIPMENT MAINTENANCE 14402 SUBURBAN RATE AUTHORITY 1ST HALF DUES-CITY COUNCIL 750.00 403 SUPPLER ENTERPRISES INC TAPE-LIQUOR STORE 5.69 14404 NATALIE SWAGGERT MARCH 91 EXPENSES-HUMAN RESOURCES DEPT 200.00 14405 TARGET STORES RAQUETBALL RAQUETS -COMMUNITY CENTER 49.98 14406 VALERIE TRADER AEROBICS INSTRUCTOR/FEES PAID 125.00 14407 TURF SUPPLY COMPANY FERTILIZER-PARK MAINTENANCE 7681.80 14408 TWIN CITY OXYGEN CO HELMET/ACETYLENE/OXYGEN-EQUIPMENT MAINT 103.74 14409 TWIN CITY PRICING & LABEL INC LABELS-LIQUOR STORE 323.75 14410 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 615.90 14411 UNLIMITED SUPPLIES INC CARRIAGE BOLTS/SCREWS/WASHERS-PARK MAINT 244.00 14412 VESSCO INC -COUPLINGS/ACIWATER VALVE/RELAYS/REPLACED 2335.64 -CHLORINATOR 0-RINGS & SEALS/NOZZLES/ JOINTS-WATER DEPT 14413 VIKING BUSINESS INTERIORS INC SHELVING-FINANCE DEPT 83.78 14414 VOSS ELECTRIC SUPPLY COMPANY -LIGHT BULBS-FACILITIES DEPT/COMMUNITY 411.15 CENTER 14415 WALDOR PUMP & EQUIP CO STARTER RELAY-SEWER DEPT 158.40 14416 WATER PRODUCTS CO -HOSE ADAPTERS/HOSES/FITTINGS/175 3/4 IN 6301.38 -PRESSURE REGULATORS -$4742/PLUG/GENERATORS/ -8 METERS WITH REMOTE READERS -$423 -WATER DEPT 14417 RPBERTA WICK MINUTES-CITY COUNCIL 150.00 14418 ZEE MEDICAL SERVICE 1ST AID RESCUE EQUIPMENT-FIRE DEPT 189.30 14419 CARLSON & CARLSON ASSOC -OCTOBER 90 THRU FEBRUARY 91 EMPLOYEE 3302.50 ASSISTANCE-HUMAN RESOURCES DEFT 13498 VOID OUT CHECK 15.00 9496 VOID OUT CHECK 15.00 J797 VOID OUT CHECK 75.00 13860 VOID OUT CHECK 60.00 13935 VOID OUT CHECK 2042.00 13954 VOID OUT CHECK 201.67 13993 VOID OUT CHECK 315.75 14003 VOID OUT CHECK 189.63 14032 VOID OUT CHECK 786.60 14037 VOID OUT writ 87.72 1977848 $617659.66 DISTRIBUTION BY FUNDS 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 20 CEMETERY OPERATIONS 21 POLICE DRUG FORFEITURE 22 STATE AID CONST 44 UTILITY DEBT FUND 51 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 CDBG FUND 90 TAX INCREMENT FUND $617659.66 333560.91 625.00 106461.25 51728.42 250.00 2509.00 9581.35 27.00 30924.99 36018.81 3087.95 4325.24 36128.00 2431.74 10:c71 MEMORANDUM TO: Mayor and City Council FROM: Carl J. Jullie, City Manager DATE: March 22, 1991 SUBJECT: Revenue Bond Fees Background In prior years, cities could issue industrial revenue bonds for all kinds of commercial, industrial, and housing developments. The interest that these bonds earn is non-taxable. Accordingly, the end result for the developer or business owner should be a lower interest rate for their financing. A city may issue revenue bonds without a public referendum. However, it cannot pledge the full faith and credit of the community for these bonds, thus the City may not tax property owners to pay principal and interest on them, so there is little, if any, financial risk to the community. More recently, the Federal government has put on many new restrictions regarding revenue bonding. Housing revenue bonds may still be issued, but primarily for the benefit of families with low and moderate incomes. Both single-family and multi-family residential housing is eligible. Industrial revenue bonds may now only be issued to businesses which are primarily "manufacturing". Office and commercial uses are no longer eligible. Following these changes, Eden Prairie has not issued any revenue bonds for new commercial/industrial projects since 1985. To-date, Eden Prairie has issued a total of $355,648,360 in revenue bonds for 113 projects, including all refundings. The City's most recent involvement with revenue bonding has been with several multi-family projects which have come through our process for refinancing, sometimes due to default on the bond payments and resulting foreclosure of the mortgages. City Fees In 1984, the law firm of O'Connor & Hannan made a proposal to the City to create a "Reserve Fund", as other cities had done (i.e., Mpls. & St. Paul) by essentially "pooling" the available arbitrage earnings and fees on City issued revenue bonds. The Council chose not to proceed, because the proposal became less viable as the rules regarding arbitrage earnings were tightened. What did result, however, was the City's current practice of charging 1/8 of 1% on the outstanding balance of revenue bonds issued on qualifying projects as per - Resolution No. 85-135 (copy attached). The resulting revenues go to the City's General Fund and can be used for any purpose for which the City is authorized to expend funds. For projects financed through revenue bonds, there is always a representation by the developer that the project is not feasible without the City's issuance of revenue bonds or obligations. Mayor and City Council March 22, 1991 Page Two Staff has been interpreting Resolution No. 35-135 to also apply to projects which come in to us for refinancing, even though they may have received an inducement resolution prior to May 21, 1985. Recently, some developers seeking refinancing have objected to this charge, saying that they should contine to be exempt because their projects were approved by the City prior to 1985 and that for a refinancing they do not need an "inducement" resolution. Because of this uncertainty, we have suspended imposition of the fee until the Council makes a determination. The following is a list of projects involving refinancing which have agreed to pay the 1/8% City fee, even though their inducement resolutions may have come before May 21, 1985. A project already paying the 1/8% fee is not charged an additional 1/8% upon refinancing. 1991 Est.Future Fee Project Year Issue Amount City Fee to be collected Minnesota Supply 1987 $ 700,000 $ 800 $ 8,750 Edenvale Apts. 1989 5,500,000 6,900 69,000 Lakeview Business Ctr.1989 2,900,000 3,400 34,000 McGlynn Bakeries 1989 2,000,000 2,600 26,000 Eden Commons Apts. 1990 6,600,000 7,400 74,400 Parkway Apts. 1990 13,800,000 17,200 172,000 Eden Investments 1990 2,700,000 3,300 33,000 The revenue side of the 1991 City budget anticipates $80,000 in revenue from the 1/8% fee. Of this total, $41,600 is scheduled to come from the "refinancing" projects. Attached is a listing of other cities and their corresponding charges. I suggest that the Council review this matter and determine a policy for staff to follow. These options are submitted for your consideration: Option 1 Continue to impose the 1/8% fee on all new projects, including all forms of refinancing. The appropriate Council action would be: Approve Section 3.13 of Fee Resolution No. 91-08 to read as follows: Charges for Tax Exempt Financing $800 application fee per each transaction, and 1/8 of 1% on the upaid principal balance at the end of each 12-month period. This charge is effective for all new projects receiving final Council authorization on or after March 1, 1991 and for all existing projects receiving final Council authorization on or after March 1, 1991 for refunding, or for change in project ownership, security or maturity date of the revenue bonds. This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No. 85-135 and its subsequent reauthorizations. '?97 ,C1JUI ailU 1,114 ,UUOUI4 March 22, 1991 Page Three Option 2 Continue to impose the 1/8% fee on all new projects, including refinancing, but excluding refinancings which are requesting a change solely in interest rate and/or ownership. The appropriate Council action would be to: Approve Section 3.13 of Fee Resolution No. 91-08 to read as follows: Charges for Tax Exempt Financing $800 application fee per each transaction, and 1/8 of 1% on the unpaid principal balance at the end of each 12-month period. This charge is effective for all new projects receiving final Council authorization on or after March 1, 1991 and for all existing projects receiving final Council authorization on or after March 1, 1991 for refunding, or for change in security or maturity date of the revenue bonds, but excluding projects receiving Council authorization on or after March 1, 1991 for change solely in interest rate and/or project ownership. This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No. 85-135 and its subsequent reauthorizations. Option 3 Continue to use the 1/8% fee on all new projects, but not on refinancing when the original issue was not subject to the 1/8% fee. The appropriate Council action would be to: Charges for Tax Exempt Financing $800 application fee per each transaction, and 1/8 of 1% on the unpaid principal balance at the end of each 12-month period. This charge is effective for all new projects receiving final Council authorization on or after March 1, 1991 for the issuance of revenue bonds. This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No. 85-135 and its subsequent reauthorizations. This option could reduce future fee collections by about $540,000. There are $27,000,000 in bonds which are likely to be refinanced and another $16,000,000 which might be refunded. CJJ:jdp CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-135 AMENDING RESOLUTION 85-10 (FEE RESOLUTION) BE IT RESOLVED that Section 3.12 be added to Resolution No. 85-10 as follows: 3.12 Charges for Tax Exempt Financing $800 application fee per each transaction 1/8 of 1% on the unpaid principle balance at the end of each 12 month period. Effective for projects receiving inducement resolutions after May 21, 1985. ADOPTED by the Eden Prairie City Council on June 4, 1985. Gary D. eterson,l1ayor ATTEST Frane, ity Clerk SEAL CITY TELEPHONE # FEE Anoka Apple Valley Blaine Bloomington Brooklyn Center Brooklyn Park Burnsville Champlin Chanhassen Chaska Columbia Heights Coon Rapids Crystal Dayton Deephaven Edina Fridley Golden Valley Maple Grove Minneapolis Minnetonka New Hope Osseo 421-6630 431-8800 784-6700 881-5811 569-3300 424-8000 895-4400 421-8100 937-1900 448-2851 782-2800 755-2880 537-8421 427-4589 474-4755 927-8861 571-3450 593-8000 420-4000 673-2574 939-8200 533-1521 425-2624 None None None None One time fee None One time fee None None None None One time issuance charge None Deducted from escrow account None None For industrial bonds put money in "deposit" that they draw money to defray None One time charge 1/8 of 1% or 1/16 of 1% depending None None No response Plymouth Richfield Robbinsdale Shakopee Wayzata Cottage Grove Eagan Forest Lake Hastings Inver Grove Heights Maplewood Mendota Heights Mounds View New Brighton North St. Paul Oakdale St. Paul South St. Paul Stillwater White Bear Lake Woodbury Wyoming 550-5000 861-9700 537-4534 445-3650 473-0234 458-2800 454-8100 464-3550 437-4127 457-2111 770-4500 452-1850 784-3055 633-1533 770-4450 739-5086 298-4012 450-8702 439-6121 429-8526 739-5972 462-5426 No response N on e 1/2 of 1% for the first two years 1/10 there- after None None None 1/8th of 1% None None No response 'A of 1% first year 1/8 of 1% thereafter 1% of 1% first million, 4% of 1% next two million, 4% of 1% next 7.5 million, 1/8% of 1% over 10 million No response None None None 1/10th, then 4 of 1% at closing. None None One time fee None None RFRH/ap:CIPTES 7)0/ 6 CITY OF EDEN PRAIRIE, MINNESOTA RESOLUTION NO. 97 -k"i Authorizing the issuance of the City of Eden Prairie, Minnesota, Multifamily Housing Revenue Refunding Bonds (Tanager Creek Apartments Project), Series 1991. WHEREAS, the City of Eden Prairie, Minnesota (hereinafter the "City") is duly organized and existing as a statutory city under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapters 462A and 462C, as amended (the "Acts"), the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to defray, in whole or in part, the development costs of a multifamily housing development, and by entering into any agreements made in connection therewith and pledging them as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, the City issued its $10,400,000 Multifamily Housing Revenue Bonds (Tanager Creek Apartments Project) on August 12, 1985 (the "Prior Bonds"), to provide funds to finance a 185-unit multifamily housing development (the "Project") located on the northwest and southwest quadrants of Baker Road and Edenvale Boulevard in the City; and WHEREAS, the Project is a "multifamily housing development" as defined in the Acts; and WHEREAS, the Prior Bonds are subject to optional redemption on July 1, 1991, at a redemption price of 101 percent (101%) of the outstanding principal amount thereof; and WHEREAS, the owner of the Project, Tanager Limited Partnership, a Minnesota limited partnership, has requested the City to issue refunding bonds in order to refinance the Project and redeem the Prior Bonds on July 1, 1991; WHEREAS, neither the State of Minnesota nor any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged in the Indenture hereinafter described) shall be liable on such refunding bonds, and such refunding bonds shall not be a debt of the State of Minnesota or any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged in the Indenture), and in any event shall not give rise to a charge against the general credit or taxing power of the City, the State of Minnesota, or any political subdivision thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA: Section 1. The City hereby finds, determines, and declares that it is in the best interest of the City that it (1) issue its Multifamily Housing Revenue Refunding Bonds (Tanager Creek Project), Series 1991, in an aggregate principal amount not exceeding $10,045,000 (the "Bonds"), (2) provide for the use of the Bond proceeds by the City to make a loan (the "Loan") to Tanager Limited Partnership, a Minnesota limited partnership (the "Company") in accordance with the provisions of a Loan Agreement, dated as of May 1, 1991, by and between the Company and the City (the "Loan Agreement") and (3) to provide for disbursement of and security for the Loan pursuant to the terms of an Indenture of Trust, dated as of May 1, 1991 (the "Indenture"), by and between the City and National City Bank of Minneapolis (the "Trustee"), in order to refinance the Project and redeem the Prior Bonds on July 1, 1991. Section 2. There is hereby authorized the issuance of the Bonds which shall be dated, mature and bear interest from the dated date payable on the interest payment dates, in the amounts and at the rates set forth in the Indenture. The Bonds shall be in such denominations, shall be numbered, shall be subject to redemption prior to maturity, shall be in such form and shall have such other details and provisions as are prescribed by the Indenture; provided, however, that the interest rates per annum, not to exceed for any maturity 8.00 percent per annum, the years of maturity not to exceed May 1, 2021 for any Bond, and the principal amount of Bonds subject to mandatory redemption in any years, shall be established pursuant to the marketing of the Bonds and as approved by the Mayor of the City (the "Mayor") and the City Manager of the City (the "Manager"). Section 3. The Bonds shall be special obligations of the City payable solely from the repayments of the Loan and other amounts included in or derived from the trust estate described in the Indenture. The Bonds do not constitute an indebtedness, liability, general or moral obligation (except to the extent of the trust estate pledged under the Indenture) or a pledge of the faith and credit or any taxing power of the City, the State of Minnesota, or any political subdivision thereof. The City hereby authorizes and directs the Mayor and the Manager to execute, on behalf of and under the corporate seal of the City, the Indenture, and to deliver to the Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall set forth the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the City, and the Trustee. All of the provisions of the Indenture, when executed as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be -2- substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and Manager shall be conclusive evidence of such determination. Section 4. The Mayor and the Manager are hereby authorized and directed to accept the offer of Miller & Schroeder Financial, Inc. (the "Underwriter") contained in the Bond Purchase Agreement, dated as of the date hereof (the "Bond Purchase Agreement"), to execute the Bond Purchase Agreement on behalf of the City under the corporate seal of the City, and to deliver the Bond Purchase Agreement to the Underwriter. The Mayor and Manager are hereby authorized and directed to execute and deliver the Remarketing Agreement, dated as of May 1, 1991 (the "Remarketing Agreement") by and between the City, the Underwriter, the Company and the Trustee, and the Continuing Disclosure Agreement, dated as of May 1, 1991 (the "Disclosure Agreement"), by and between the City, the Trustee, the Company and the "Bank" named therein. All of the provisions of the Bond Purchase Agreement, Remarketing Agreement and Disclosure Agreement when executed and delivered as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement, Remarketing Agreement and Disclosure Agreement shall be substantially in the form on file with the City on the date hereof, and are hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially affect the substance of the documents and as the Mayor and Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the Manager shall be conclusive evidence of such determination. Section 5. The Mayor and Manager are hereby authorized and directed to execute and deliver the Loan Agreement and, when executed and delivered as authorized herein, the Loan Agreement shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary variations, omissions and insertions as do not materially affect the substance of the transaction and as the Mayor and Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and Manager shall be conclusive evidence of such determination. Section 6. The Mayor and Manager are hereby authorized and directed to execute and deliver the Regulatory Agreement, dated as of May 1, 1991 (the "Regulatory Agreement") between the City and the Company and, when executed and delivered as authorized herein, the Regulatory Agreement shall be in full force and effect from the date of execution and delivery thereof. -3- The Regulatory Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and Manager shall be conclusive evidence of such determination. Section 7. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution or contained in the Indenture, Loan Agreement, Regulatory Agreement, Bond Purchase Agreement, Remarketing Agreement, Disclosure Agreement or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement, the Remarketing Agreement, the Disclosure Agreement or other documents referred to above shall be exercised or performed by the City, or by such members, officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement, the Remarketing Agreement, the Disclosure Agreement or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the City in that person's individual capacity, and neither the members of the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement, the Remarketing Agreement, the Disclosure Agreement, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general obligation of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement, the Remarketing Agreement, the Disclosure Agreement, the Bonds or in any other document related to the Bonds, the City has not obligated itself to pay or remit any funds or revenues, other than the trust estate described in the Indenture. Section 8. The City hereby consents to the distribution of the Preliminary Official Statement relating to the Bonds, substantially in the form on file with the Clerk on the date hereof. The City hereby consents to the use by the Underwriter in connection with the sale of the Bonds of the Final Official Statement, substantially in the form of the Preliminary Official Statement on file with the Clerk; provided that the Mayor may consent to such variations, omissions, and insertions as are not materially inconsistent with the form on file with the Clerk on the date hereof. The Preliminary Official Statement and the Final Official Statement are the sole materials consented to by the City for use in connection with the offer and sale of the Bonds. The City has consented to the distribution of the Preliminary Official Statement and Final Official Statement, but has not participated in the preparation of such documents, made any independent investigation or review of the same, or approved such documents, or information contained therein, and assumes no responsibility for the sufficiency, accuracy or completeness of such documents, except for the information contained therein under the caption "THE ISSUER." Section 9. Except as herein otherwise expressly provided, nothing in this resolution or in the Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City, the holders of the Bonds, the Trustee, and the Company to the extent expressly provided in the Indenture, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof. This resolution, the Indenture and all of their provisions are intended to be for the sole and exclusive benefit of the City, the holders from time to time of the Bonds issued under the provisions of this resolution and the Indenture, and the Company to the extent expressly provided in the Indenture. Section 10. In case any one or more of the provisions of this resolution or of the Indenture or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution or of the Indenture or of the Bonds, but this resolution, the Indenture, and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds pursuant to and under the Indenture, and the application of all revenues, collateral, and other monies are all commitments, obligations, and agreements on the part of the City contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of the City to create such funds and to apply said revenues, other monies, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions described in the Indenture, it being the -5- intention hereof that such commitments on the part of the City are as binding as if contained in this resolution separate and apart from the Indenture. Section 11. The City Council of the City, officers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution and the Indenture and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the Indenture and the other documents referred to above, and this resolution. Section 12. The Mayor and Manager are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Indenture, the Loan Agreement, the Bond Purchase Agreement, the Regulatory Agreement, the Remarketing Agreement, the Disclosure Agreement or any other certificates or documents which are deemed necessary by bond counsel to evidence the validity or enforceability of the Bonds, the Indenture or the other documents referred to in this resolution, or to evidence compliance with Section 142 or Section 148 of the Internal Revenue Code of 1986, as amended; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. Section 13. If for any reason the Mayor is unable to execute and deliver those documents referred to in this resolution, any other member of the City Council of the City may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the Manager of the City is unable to execute and deliver the documents referred to in this resolution, such documents may be executed and delivered by any other officer of the City or member of the City Council with the same force and effect as if such documents were executed and delivered by the Manager of the City. Section 14. All costs incurred by the City in connection with the issuance, sale and delivery of the Bonds and the execution and delivery of the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement, the Remarketing Agreement, the Disclosure Agreement, or any other agreement or instrument relative to the Bonds, whether or not actually issued or delivered, shall be paid by the Company or reimbursed by the Company to the City. Section 15. This resolution shall be in full force and effect from and after its passage. -6- Adopted by the City Council on April 16, 1991. Mayor ATTEST: Ufy Clerk -7- Eaton Industrial Addition CITY OF EDEN PRAIRIE I1ENNEPIN COUNTY, MINNESOTA RESOLUTION #9I-79 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE EATON CORPORATION FOR EATON INDUSTRIAL ADDITION BE IT RESOLVED, by the Eden Prairie City Council a s f o l l o w s : That the preliminary plat of Eaton Industrial Addition for t h e E a t o n C o r p o r a t i o n , d a t e d A p r i l 1 2 , 1991, consisting of 47 acres, a copy of which is on fil e a t t h e C i t y H a l l , i s f o u n d t o b e i n conformance with the provisions of the Eden Prairie Z o n i n g a n d P l a t t i n g o r d i n a n c e s , a n d amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16t h d a y o f A p r i l , 1 9 9 1 . Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, Director of Planning Scott A. Kipp, Planner THROUGH: Carl J. Jullie, City Manager SUBJECT: Eaton Addition DATE: April 12, 1991 On April 8, 1991, the Planning Commission recommended approval of the Eaton Addition preliminary plat of 47 acres into 2 lots. As part of that recommendation, the Staff Report requested dedication of the necessary road right of way for Technology Drive as outlined in the official mapping of the Trunk Highway 212 project. Since that meeting, Eaton representatives met with engineering staff and concluded that the dedication of road right-of-way would not be required at this time, but that the amount of future dedication should be based on road facilities required to support the proposed subdivision. This dedication will take place when requested by the City. Since dedication of the right-of-way will not take place at this time, the need for the front yard setback variance of less than 75 feet in the 1-5 Zoning District will not be necessary. At the time of dedication, the road alignment will be adjusted accordingly to avoid the need for any front yard setback variance. Details regarding the dedication and timing thereof will be outlined further in the Developer's Agreement. RECOMMENDATIONS Staff recommends approval of the preliminary plat of 47 acres into 2 lots, subject to this memorandum, Staff report dated April 5, 1991, and the following: I. Prior to release of the final plat, the proponent shall provide a construction schedule and proper financial security for the construction of the watermain to Lot 2. 2. Concurrent with the release of the final plat, the proponent shall file a cross-access easement for the purposes of providing access to Lot 2. 3. Proponent acknowledges that within 30 days of notice to proponents by the City, the proponent shall dedicate to the City an agreed upon portion of right of way over Lot 1 for the construction of the extension of Technology Drive through the property. .;11 AREA LOCATION MAP STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Planner THROUGH: Chris Enger, Director of Planning DATE: April 5, 1991 SUBJECT: Eaton Industrial Addition LOCATION: . 15151 Highway 5 APPLICANT/ FEE OWNER: Eaton Corporation REQUEST: Preliminary Plat of 47 acres into 2 lots with variances to be reviewed by the Board of Appeals. Background The Comprehensive Guide Plan depicts this site and surrounding sites for industrial land uses. The property is zoned I-5 and is the location of the Eaton Corporation, comprised of three buildings on approximately 47 acres. In 1986, the City Council approved a preliminary platting request for this property into 2 lots of 32 acres and 15 acres in size to allow for the sale of the existing 66,000 square foot building located in the southwest corner. However, final platting of the property did not take place. The current proposal is to preliminary plat the 47 acres into 2 lots of 39.4 acres and 7.6 acres in order to sell the 66,000 square foot building on its own parcel. Staff Report Eaton Corporation April 5. 1991 ,Prelitninary Plat The preliminary plat depicts the subdivision of 47 acres into 2 lots. Lot 1 is proposed at 39.4 acres and lot 2 proposed at 7.6 acres, both exceeding the 5-acre minimum lot size in the I-5 Zoning District. Lot 1 contains two buildings with a Floor Area Ratio of 13.4%, and Lot 2 contains the 66,000 square foot building at a Floor Area Ratio of 19.8%. Although there is no direct access to Technology Drive for Lot 2, the permanent easement for road right-of-way that runs along the southerly lot line, meets the code requirement for road frontage. Access for proposed Lot 2 will utilize a driveway that crosses Lot 1 and connects with the terminus of Technology Drive. As part of this platting process, the proponent will need to file a cross access easement for the driveway to maintain access to Lot 2. Extension of Tech noloev Drive The official mapping for the Highway 212 project indicates the extension of Technology Drive westerly to Wallace Road. The proposed plat anticipates this extension as well, however, the necessary right-of-way for the extension will need to be dedicated at this time. The dedication of right-of-way will create the need for a front yard structure setback variance to 69 feet from the code requirement of 75 feet in the 1-5 Zoning District. Utilitie As part of this platting request, the proponent will connect Lot 2 to City water as required by code. The proponent indicates connection taking place concurrent with the sale of the building. It is recommended that the connection take place as part of the final platting process. Filing of the plat cannot take place until a schedule for construction of the watermain and proper financial security is received. The City will be accepting responsibility for the private 8" sanitary sewer line located along the west side of the property subject to an inspection. A 30-foot easement is proposed for this sewer line. 2 Staff Report Eaton Corporation April 5, 1991 Storm Water Run-Off There are two ponds located on the property. The northerly pond is DNR protected wetland #993W. During the 1986 preliminary plat review, Staff raised the concern that there are no outflows for these two ponds, and recommended that a storm water drainage study take place. This study indicates that the ponds can handle a 100-year storm event without overflow pipes. (attachment) As part of the Highway 212 improvements, which include the extension of Technology Drive, the State will need to again analyze the ponding storage capabilities if additional storm water run- off is introduced. Recommendations Staff is recommending approval of the request of the Eaton Corporation for the preliminary plat of 47 acres into 2 lots based on plans dated April 3, 1991 and subject to the following: I. Prior to City Council review, proponent shall provide the necessary right-of-way for the extension of Technology Drive. 2. Prior to release of the final plat, proponent shall: A. Receive a variance from the Board of Appeals for building setback less than 75 feet from a public road. B. Provide a construction schedule and proper financial security for the construction of the watermain to Lot 2. 3. Concurrent with the release of the plat, the proponent shall file a cross access easement for the purposes of providing access to Lot 2. EATONSR.SAK:bs 3 Engineering Land Surveyir Planning fan tirueger A Associates, Inc. 8080 Wallace Road Eden Raine s Minnesota 56344 1612)934-4242 Scott Kipp City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 April 4, 1991 Re: Eaton Industrial Addition Drainage Study Report RKA #9380 Dear Scott: The following information will update our previous Drainage Study Report for this site dated January 13, 1987: The drainage for this site is divided, and drains into two existing landlocked ponds that are located on the Eaton property. These ponds are referred to as the north pond and the south pond. As shown on the preliminary plat. there is an existing 14" CMP culvert that connects these two ponds. Building #2 has a lower level at elevation 864.1 which is the lowest exposed building of the three buildings on the Eaton property. As shown on the preliminary plat, the north pond had an elevation of 856.3 in February 1991. and an elevation of 859.4 in January 1987. The south pond had an elevation of 853.3 in February 1991. and an elevation of 855.7 in January 1987. Our analysis will assume the higher 1987 pond elevations as the normal pond elevations. Since the ponds are landlocked, the typical design criteria is to assume the worst case would be a 60" spring snowmelt event (= 6" water) with 100% runoff. Applying this criteria to the Eaton site would cause both ponds to rise to an elevation of 862.1 (911,500 Cu. ft. of storage above the normal pond elevation). The ponds would be at equal elevations due to the existing 14" culvert that connects them. These pond elevations would still be 2.0 feet below the lowest exposed building elevation of 864.1. According to Eaton employees, the July 1987 "super storm" caused high pond elevations of 864.3. Attached are the estimated plant water that is discharged by Eaton into the ponds An unknown amount of water is also pumped out of the ponds by Eaton for their site irrigation. Siperely. • - • A Flite&r ("Knae RON KR FR AND ASSOCIATES. INC je (0OESO? 1,1%. te, OF rø Oakdale Office, 3485 Hadley Aie North, Oakdale. Minnesota 55128 Golden Valley Office, 2055 North ! Dim'. Golden Valley, Minnesota ;5422 March 15, 1991 Reply to Telephone No 593-8753 Mr. Chris Eager Director of Planning City of Eden Prairie 7000 Executive Drive Eden Prairie, Minnesota 55344 In Reply Refer To: TH 5 C.S. 2701 Eaton Industrial Addition SE Quadrant Wallace Rd./1'H 5 Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: There are some R/W issues that need to be resolved. We recommend the developer work with Mn/DOT and the City of Eden Prairie to coordinate this local action with programmed Mn/DOT TH 5/212 highway improvements. Current drainage patterns and runoff rates should be maintained. Also, this action should be reviewed by the Riley Purgatory Creek Watershed District. If you have any questions in regard to our review of the plat please call me at the above number. Sincerely, cc: Steve Keefe, Metropolitan Council Les Weigelt, Hennepin County DOT Mike Reiter, Hennepin Co. Surveyor Tim Henkel Transportation Planner inesota Department of Transport it Metropolitan District Transportation Building St. Paul, Minnesota 55155 An Equal Opportunity Employer The Robert Larsen Partners March 19, 1991 The Honorable Doug Tenpas City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 RE: Singletree Plaza Development Proposal Dear Mr. Mayor: Per my conversation with and upon recommendation from Chris Enger, I am writing to request that the City Council allow us time on their meeting agenda of April 2, 1991, on a non-public hearing basis to discuss several policy issues about the above development. The following information is provided as background for the Council members and your review and consideration. The primary issue we wish to discuss on April 2nd is the City ordinances Floor Area Ratio Restriction of .20 percent coverage. Our plan as proposed is slightly in excess of the required .20 percent coverage upon the initial construction, but has an approximately 23% coverage if and when the large anchor should expand its store. Our plan will conform to all other zoning requirements at both initial construction and when or if the large anchor should expand its store. All parking, setbacks and landscaping will conform to the applicable zoning standards. In fact, we have made great efforts to save the existing mature stand of oak trees along the Prairie Center Drive side of the property. The issue here is not whether one wants this retailer in the City or at this location. The large anchor store is a conforming use at this properly guided site. The issue at hand is whether the City desires to restrict development coverage and reduce its tax base because of an arbitrary limitation that may not be an appropriate measure in todays development standards. As shopping centers grow in size, FAR coverages can also grow without sacrificing other standards such as parking, landscaping, etc., because large centers have larger tenants with deeper stores that can create better efficiencies on the site and thus allow the FAR coverage to rise. This is the same concept that also allows parking ratios to be reduced as well. 710 tciuI .1vittie - \Imnv;ipoiN. linno-ota 1:)12) i71-1142 I vi2 17'10034 Sincere elly Partner an The Honorable Doug Tenpas March 19, 1991 Page 2 An example of this is the recently completed shopping center anchored by Toys "R" Us and F&M Drug at Highways 494 and 394 in Minnetonka. That center has a FAR coverage of 23 percent without sacrificing the other requirements of that City. Please see the attached information. We hope that this information is useful and we respectfully request the opportunity to further discuss these and any other issues on an informal basis on April 2, 1991. If in the meantime you need any additional information or have any questions, please don't hesitate to call. KJD:kjg CC: Council Members Chris Luger 7/Y MEMORANDUM TO: Mayor and City Council THROUGH: Carl Ju'lie, City Manager FROM: Chris Enger, Director of Planning Michael D. Franzen, Senior Planner SUBJECT: Floor Area Ratio Variances DATE: April 11, 1991 BACKGROUND Larsen Partners is requesting that the City Council give consideration to a .24 floor area ratio for a 200,700 square foot shopping center on Singletree Lane. The Commercial Zoning District would allow a maximum of .2 floor area ratio, or a total of 167,000 square feet. To help you decide on the merits of a higher floor area ratio, we have provided the following discussion. HISTORICAL PERSPECTIVE The City has not granted a commercial floor area ratio variance except when more right of way is dedicated than typically required or a special design caused by a city requirement to completely enclose a loading facility technically increased building square footage. TRAFFIC The Northeast Eden Prairie Traffic Study forecasts are based on a .2 floor area ratio for commercially guided properties. A .24 floor area ratio would increase traffic by 17% on this site. Eden Prairie's commercial area is in a traffic generation category between a downtown (Minneapolis) and a rural center (Waconia). Eden Prairie does not have the benefit of mass transit or extensive sidewalk and skyway systems to help reduce traffic. The commercial area is not small enough or close enough to residential for people to walk to. Being a middle-size suburban commercial area, a higher floor area ratio contributes to "low density" congestion. The densities will never be high enough to justify mass transit, but high enough that autos will overload the road system. Memo April 11, 1991 Page Two COMMONWEALTH DRIVE Commonwealth Drive is not proposed to be extended through this site to Singletree Lane. No customer access to Commonwealth Drive is proposed. Commonwealth Drive should be extended through this site as a public road. This will make for easily identifiable circulation and also of a width to accommodate the amount of traffic expected to be generated based upon the commercial use of the property. Extension of Commonwealth Drive is necessary to help distribute the overall traffic in the area. A network of connected streets helps minimize the traffic congestion at intersections within the area. In addition, the area developed with Chi Chi's and other restaurants to the south would be a very nice entry to this area. LESS GREENSPACE Higher floor area ratios reduce overall greenspace on a site. As projects get larger, the greenspace should increase accordingly. This is the philosophy used in the 1-2 Park and 1-5 Park Industrial Districts. The 1-2 Industrial Park is two acre minimum sites with smaller buildings and a 50' setback. The 1-5 Industrial Park is a five acre minimum lot size and is reserved for larger buildings. In this district, the setback is 75' to provide more green area for a larger building. A similar comparison could be made between C-Reg-Service and C-Reg Zoning. C- Reg-Service is smaller buildings with small setbacks, while C-Reg is larger buildings with larger setbacks. A shopping center site could be a candidate for C-Regional zoning which requires a 80' setback. A .24 floor area ratio results in 33,770 more building square footage and 185 additional parking spaces. This is a net loss of approximately two acres of greenspace which could be used to create a more pedestrian friendly shopping center with sidewalks, better setbacks, more green area within the parking lot and better screening of parking areas. LARGE PARKING AREAS The site plan, as proposed, shows 1155 parking spaces within the main parking lot. This is a very large amount of hard surface area which visually should require a considerable amount of planting islands. The amount of planting islands proposed does not meet code. City code would require approximately 20,000 square feet in planting islands. The site plan shows approximately 10,000 square feet. There should be meaningful areas of greenspace with over-story trees which would help break up the large parking lot. PUD WAIVERS If this project were to proceed as a Planned Unit Development, a waiver could be granted for an increased base area ratio. In order for the City to consider a waiver for higher floor area ratio and a more intense use of the site, there should be an overall benefit to the City and the negative impacts should be mitigated. The proponent has not identified potential tradeoffs Memo April 11, 1991 Page Three beyond such items which are standard on other projects, such as exterior materials and controlled signs which are often downgraded or not built. Granting a PUD waiver or a variance without hardship or meritorious design competes with other commercial sites required to comply with the ordinance. BUILDING ORIENTATION TO STREET FRONTAGE This site is completely surrounded by public roads. A considerable portion of the back side of the buildings face street frontage or the extension of Commonwealth Drive. While screen walls and fencing are proposed for screening of loading areas, the view of the project from these roadways is primarily the back side of the building. HARD SURFACE AREA A higher base area ratio contributes two additional acres of hard surface area to the site which contributes to additional storm water runoff. There is no provision on-site for ponding or treatment of increased discharge. CONCLUSION This site has the potential to be a major component of Eden Prairie's downtown, because the site is located in the middle of a large commercial area which provides a variety of supportive uses. There will be an extensive trail system in the nearby park and a significant high-income base within two miles of the site. Since the site is large, without a base area ratio variance, there would be adequate room for developing at a pedestrian scale with room for wide sidewalks and plaza areas which would more clearly parallel the City's mission statement for a community scale downtown. A higher floor area ratio is a benefit to grouping large tenants together, because there are no lot lines between buildings and large parking areas can be provided. A disadvantage to the City is loss of overall greenspace and increased traffic. MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor and City Council Carl J. Jullie, City Manager Craig W. Dawson, Assistant to the City Manager CL April 10, 1991 Funding Needs for Video Equipment for Cablecasting ISSUE: The City Council authorized $25,000 in the 1991 Budget for video equipment and supplies to cablecast Council meetings. While equipment is available in this price range, it would not produce a consistently acceptable, high-quality image. Based upon research thus far, it appears that the cost to purchase and install the proper system will be in the $36,000 - $38,000 range. The Council would need to authorize $13,000 from the contingency program of the General Fund. Background: Eden Prairie City Councils have debated the merits of cablecasting, and authorized and removed appropriations for several years. Most of the issues have concerned the likely viewership, the costs involved, and whether the investment should be made before plans for a permanent Council Chamber are agreed upon. In the 1991 community survey, Decision Resources, Ltd. found that 66 percent of the households surveyed had cable television. (This is close to the current Paragon Cable penetration figure of 55 percent, or 8,800 households.) Of these respondents, 8 percent were "very likely" and 24 percent were "somewhat likely" to view cablecasts of Council meetings. These figures translate into 700-800 households which have indicated they would watch Council meetings from time to time. In its recommendations, DRL makes the following observation: The City Council should consider the telecast of its meetings. However, it is important that the quality of those telecasts be very strong. Residents will expect to see a broadcast with good production values -- clear picture, labels whenever appropriate, and little dead time. If a high-quality telecast cannot be initially achieved, then broadcasting should be postponed until its excellence can be assured." Research: We have met with three equipment vendors and the programming staff_ from Paragon Cable. Their individual recommendations were remarkable in their consistency. Among the specifics were: Three cameras, one for each side of the Council room, and one focused on the audience podium. Cameras are available which would not require additional lighting. Zoom lenses for each camera. I ." Mayor and City Council April 10, 1991 Page Two Pan-and-tilt shelves, which would put cameras along walls or suspended from the ceiling, so that camera operators would not be needed. A personal computer-based character generator to provide a pleasing array of type fonts and graphics to superimpose on screen. A production console with several monitors at which the program producer would select cameras, graphics, sound mixers, etc. during the live cablecast/taping process. VCR equipment and transmission components to be compatible with Paragon's transmission system. In assessing the equipment, we also emphasized that it needed to be versatile - it would have to fit in to a not-yet-designed system for an unknown configuration of a Council Chamber in a new City Hall. RECOMMENDATIONS: If the Council wishes to cablecast its meetings with the quality apparently expected by its Eden Prairie viewers, it would need to authorize use of contingency funds. It is expected that the additional amount needed would be in the range of $13,000. As purchase of this equipment will require a formal bid, the Council should make a commitment to using contingency funds before undertaking this process. The Council may choose to purchase equipment with the funds included with the 1991 budget, but it should be noted that the quality of the cablecast images will be questionable. The Council may wish to delay cablecasting and appropriate the necessary funds in a future year. For example, if cablecasting were to begin when a new city hall is occupied, the City could make a one-time investment in video equipment and be assured that the right equipment is acquired. CWD:CJJ:jdp MEMORANDUM TO: Mayor and City Council FROM: Michael D. Franzen, Senior Planner Chris Enger, Director of Planning THROUGH: Carl Jullie, City Manager DATE: March 28, 1991 SUBJECT: Changes Which Should Be Made to the Current Ordinance on Trash Enclosures to Screen Trash Areas More Effectively RECOMMENDATIONS In order to provide for better screening of trash areas, the current City code could be amended to include: I. Site planning standards for screening of trash and recyclable materials; 2. Trash enclosure size, design and location standards. Site Plan Standards for Screening of Trash and Recyclable Materials For single use commercial buildings, all trash should be located within the building. (See Example 1) An alternate would be to locate trash within a completely enclosed accessory structure close to service doors. This approach would require the trash area to be located within a garage with access by overhead door. (See Example 2) 2. For medium and small shopping centers up to 50,000 square feet, trash should be located within the building consolidated at the ends of the building with an interior access to the enclosures. (See Example 4) For large shopping centers in excess of 50,000 square feet which could be designed with more than one building, all trash should be located within a screened service court. This would be similar to the loading area at the City offices. An alternate would be a combination of #2 for the small tenants and #1 for the large tenants. (See Example 3) recycling Internal Service Corridor dumpster overhead door !tenant 110 C Screen Wall cJ dumpster tenant dumpster recycling Accessory 1 Trash Inside 2 Building recycling Screened 3 Service Court c Internal 4 Access Memo March 28, 1991 Page Two Trash Enclosure Size. Design and Location Standards I. For general commercial uses, the amount of space required would be based on a ratio of one square foot of trash area for every 38 square feet of building. 2. For restaurants: 144 square feet must be designated for trash, and 144 square feet for recycling. 3. The location of the trash enclosure must have easy access and sufficient maneuvering room for trash hauling vehicles. There should be a minimum of 16' wide drive aisle with sufficient maneuvering to accommodate up to a 34' length vehicle. 4. For trash areas located inside of the main building, the interior walls should be masonry construction or poured concrete. The interior area must be sprinkled, heated, ventilated and provided with a floor drain. Access to trash enclosures should have doors with locks approved by the Police department. 5. Accessory structure trash enclosures must be constructed of exterior materials required by code for the main building and have a roof. The building should be designed to be architecturally integral with the main building. Structures should be located within the rear yards and meet setbacks to property lines. WHAT'S WRONG WITH THE CURRENT ORDINANCE ON TRASH ENCLOSURES? In 1990, the City Council requested staff to review the City's requirements for trash enclosures. Our study to date has produced the following results. Free-standing dumpsters and containers are now allowed as proper treatment for storage of trash. The current practice of administration of the ordinance is to require that the dumpsters and containers be screened within an outside enclosure, within a building or behind a screen wall. The Cities of Plymouth, Minnetonka, Richfield, Edina and Bloomington require all trash areas to be screened. Although not required by code, these communities recommend screening solutions such as a wall, inside a building or an accessory structure. Dumpsters alone are not considered as a proper treatment for screening of trash in these communities. The City has relied upon the commercial developers to determine the space, design and location of the enclosure. After reviewing trash enclosures at twelve commercial centers and six restaurants, staff has observed that providing a screened area does not guarantee that the dumpsters and recycling materials will be stored within the enclosure. Memo March 28, 1991 Page Three To understand why trash is being stored outside of enclosures, staff consulted with commercial developers, architects, other communities and trash haulers. The main reasons for trash being stored outside of enclosures are: 1. Space: 2. Location: 3. Design: 4. Management: trash areas are too small and older commercial areas did not plan for recycling. trash enclosures are located in areas that are difficult to access, and it is more convenient to leave the dumpster outside of the enclosure. trash enclosure designs do not accommodate trash vehicles - gate openings are too small, and it is hard for trucks to maneuver close to the dumpsters. commercial projects with adequate space, good location and design can still have trash stored outside of enclosures due to inadequate pickup or tenants piling trash outside of the enclosure. TRASH ENCLOSURE CRITERIA Staff consulted with architects, commercial developers and trash haulers to determine what standards would help ensure that trash would be properly stored within enclosures. Following is a discussion of standards for space, location and design. Space It is important that trash enclosures be sized according to the volume of refuse expected by providing room for: recycling containers, general refuse and trash compactors. According to commercial developers, tenant needs vary so much in commercial centers that it is difficult to precisely preestimate the amount of trash area needed. The size of the trash area proposed is often based on the developers best guess of future needs based on past experience. This can lead to problems in the future if tenants have a greater demand. Trash haulers, recycling companies and architects generally agree that 144 square feet of trash storage is needed for every 20,000 square feet of general retailing. If provisions for recycling are included, the size of the space should be doubled to 288 square feet in order to provide for separate ninety gallon containers for corrugated paper, glass, tin and plastic. This would be a ratio of one square foot of enclosure required for every 69 square feet of building (1:69) for Chesnut Place Dumpste Trash Trash Area Locations Memo March 28, 1991 Page Four trash storage. For trash and recycling, the ratio would be one square foot of storage for every 38 square feet of building (1:38). Staff has reviewed twelve shopping centers within Eden Prairie, and only four provide space according to this standard. For restaurants, the minimum amount necessary for trash is 144 square feet. With recycling, the space should be doubled to 288 square feet. A restaurant's typical plan is for a 64 square foot dumpster and a 24 square foot grease pit as a minimum. This results in recycled products and trash being stored outside. Restaurants also need room for storage of bread racks and milk cartons. Sometimes these items are stored in the enclosure but more often are stored outside. Location Access to dumpsters must be easy for trash haulers. BFI and Aagard Sanitation have indicated that a 16' wide access drive is needed for vehicles up to 34' in length which would allow for rollout, front or rear end loading of dumpsters. Each of the twelve centers surveyed provide access drives between 24-34' in width. The difficulty is that many of the trash enclosures are located perpendicular to the access drive which makes maneuvering difficult or impossible. (See Figure 1) In this situation, a dumpster must be rolled out of the enclosure into the drive aisle. This extra step for trash removal often causes trash haulers to leave the dumpster in a more convenient location. This occurs at Anderson Lakes Center and Chestnut Place. BFI and Aagard have indicated that trash haulers require a 9' minimum gate opening with 10' being desirable. In several of the shopping centers, the gate opening is 8'. This means that the trash vehicle cannot maneuver close enough to the dumpster. The dumpster must be rolled out of the enclosure. Design The length and depth of the trash enclosure space is important. A long and narrow enclosure requires dumpsters to be stacked behind each other which results in additional work in maneuvering for the trash hauler. In these situations, many times, one of the dumpsters is left outside of the enclosure. Long and narrow trash enclosures are found at Tower Square, Anderson Lakes Center, Lund Center and Crossroads. The enclosure should be designed wide enough to stack dumpsters side by side. For example, if 200 square feet Is necessary for trash enclosures, the trash area should be 20' wide and 10' deep. Snow removal is a problem for tenants and trash haulers. If snow is not effectively removed in a timely manner or not removed at all, it is difficult for the trash haulers to gain access. Trash haulers have suggested that a roof over the enclosure would eliminate the snow problem. Memo March 28, 1991 Page Five Management Management can overcome inadequacies in terms of space, design and location. An example would be Shady Oak Center where the trash enclosures are located within the building towards the rear. It is inconveniently located for tenants and trash haulers; however, adequate space is provided. Staff visited this site on several occasions, and with one exception, all dumpsters were located within the enclosure. On the other hand, adequate space, good design, and good location can be destroyed by poor management. An example of this would be Ciatti's restaurant. Poor management results in a problem which is an enforcement problem for the City which can be continuous and time consuming. COMPARISON OF EXISTING PROJECTS TO TRASH ENCLOSURE CRITERIA Staff analyzed six restaurants and twelve retail shopping centers to see how they compare with the trash enclosure criteria for space, location, design and management. Following is a list of observations according to trash enclosure criteria. Space 33% of the shopping centers provide the recommended amount of space for storage of trash and recycling. These are: Lund Center, Tower Square, Shady Oak Center and Anderson Lakes Center. 17% of the restaurants provide the recommended amount of space for storage of trash and recycling Location 17% of the shopping centers have trash and recycled material located in areas which are easily accessible by trash haulers. These are: PDQ and Lund Center. When access to trash enclosures is difficult for trash haulers, dumpsters are moved to more accessible locations. This occurs at Chestnut Place. When trash enclosures are located at a considerable distance from tenants, individual tenants move dumpsters nearer the rear exits. This occurs at Anderson Lakes Center. Design 17% of the shopping centers have good trash enclosure design. These include: Lund Center and PDQ. 7.30 Memo March 28, 1991 Page Six 83% of the trash enclosures at shopping centers are poorly designed. Gate openings are too small for a trash vehicle to access a dumpster. Trash enclosures are long and narrow which requires dumpster to be stacked behind each other instead of side by side. Management 50% of the shopping centers have a trash problem. An additional 17% of the shopping centers have a potential trash problem. 17% of the restaurants have a trash problem. An additional 33% of the restaurants have a potential trash problem. SUMMARY Trash areas can be better screened by implementing any of the four site plan standards listed in the beginning of the report. These include locating trash inside the building, accessory garages, screened service courts and internal access. Trash enclosure size, design and location standards should also be adopted. These standards will provide enough room for trash and recycling in areas convenient for tenants and easily accessible for trash haulers. Tables 1 and 2 on the following pages provide a comparison of restaurants and shopping centers to trash enclosure criteria. The staff would recommend that the Council receive this memo and direct staff to prepare an ordinance amendment incorporating these changes for review and recommendations of the Waste Management Commission and Planning Comrnission. IS TRASH A PROBLEM SHOPPING CENTER COIMENTS SPACE REQUIRED (S.F.) BLDG. SIZE TRASH AREA (S.F.) PROPOSED SPACE LOCATION DESIGN MGMT ANDERSON LAKES CENTER 21,500 325 155 312 MEETS POOR POOR POOR This is an exaspie of adequate space but poor design, location YES and management. Two of the seven demisters are located in the planned area behind a screen wall. The rest are immediately adjacent to tenant rear exits. There are six different trash contractors meaning amnagement has left trash removal responsibility to the tenant. 59 100 CHESTNUT 8,160 PLACE 119 LOW- POOR MEETS POSH When durtpsters are located inside the building, this project is YES clean; however, the trash area proposed is reduced somewhat by joint use as a mechanical room. Inside enclosures are located at the ends of the building. Trash haulers canot directly access dulpster. All dumpsters are located in the parking lot. NO POOR POOR G000 This is a situation where management coipensates for poor location and design. the center is not fully leased, and problems may occur in the future. I NO GOOD GOOD GOOD This is the best example of trash enclosure with good iize, location and design. GOOD GOOD GOOD Trash enclosure is in rear yard and not visible from adjoining I 110 streets. POQ 69 10,000 120 138 LW- MEETS 63,000 320 PRAIRIE VIEW CENTER 456 413 40,000 400 PRAIRIE VILLAGE MALL 289 579 LW- MEETS GOOD GOOD GOOD This is an example of dumosters located behind a building. Adjoining residential areas are screened by terming. Goof maneuvering for trash vehicles. TOM THUMB 15,000 150 109 218 LW- MEETS 60,794 1000 MEETS TOWER SQUARE NO GOOD This is an example of adequate size but poor design and location. The center is only partially leased, so problems may not be apparent until later. Trash enclosures are visible from Prairie Center Drive. TABLE ONE -SHOPPING ER SITE ANALYSIS TRASH I RECYCLING POOR POSH POOR This is an example Wiere there is not enough interior room for YES recycling. As a result, trash and recycling containers are stored outside. The center is seeking a variance to build an accessory structure for trash and recycling. LOW POOR POOR GOOD This is an emanate of good management coapensating for Inadequate space, poor location and poor design. Monsters are located inside the building with access by overhead door. PRESERVE MALL 40,000 450 289 579 LOW- MEETS OX0 GOOD GOOD This is an eXaMple where building and berming not only screen duisater but the entire loading area as well. Dimpsters conveniently located near tenant rear doors. YES SHADY OAK CENTER 18,000 300 130 260 MEETS POOR POOR GOOD Good management compensates for poor design and poor location. Enagsters are located inside of building with access blf overhead door. Overhead doors are located on the sides and not visible from the front of the building. NO POOR One master is located in an accessory structure behind the building and another dUmpster outside. This &master is opposed to be inside the building with access by overhead door. NO YES CROSSROADS 27,700 360 200 160 109 11 'LARIAT I CENTER 1 LUND Ii CENTER 22,000 160 15,000 250 401 LOW- MEETS 318 LOW- MEETS 399 LOW - MEETS TABLE 2 - RESTAURANT SITE ANALYSIS NAJE BLDG. SIZE (S.F.) TRASH AREA PROPOSED (S.F.) SPACE REQUIRED SPACE LOCATION DESIGN mew commrs IS TRASH A P8001 FR TRASH RECYCLING ARBY'S 3400 100 144 288 LOW GOOD GOCO COOD Trash is stored inside building with access by overhead door. NO BURGER KING 4000 120 144 288 LOW GOCO GOOD GOOD Trash is stored within an accessory structure. Bread rocks, milk cases frequently stored outside of structure. No CNI CHI'S 7400 120 144 288 LOW GOCO GOCO GOOD Trash is located inside of building with octets by overhead door. Trash vehicle can back directly to overhead door. NO CIATTI'S 7000 180 144 288 LOW-MEETS GOOD GOOD POOR Trash area is as accessory structure. Trash overflows enclomsre. Trash and recycling stored outside. YES HARDEES 4000 200 144 288 LOW-MEETS GOOD POOR GOOD Trash is located within an accessory structure. Gate openings too small. MO MCDONALD•S 4500 324 144 288 MEETS GOOD POOR 0000 Trash is stored inside in accessory building with access by swinging door. Wide maneuvering area for trash vehicle. Gate opening too narrow. NO MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Stuart A. FOP Manager of Parks and Natural Resources DATE: April 10, 1991 SUBJECT: Options for Seal Coating Trails RECOMMENDATION: To modify current seal coating practices and use an emulsion type seal coat on trails at R o u n d Lake and Staring Lake Parks. BACKGROUND: Over the past three years the City has undertaken the process of seal coating hikeway/bi k e w a y trails throughout the City. The reason for seal coating is to provide regular maintenance o f o u r trail surfaces so that water would be kept out of the subbase, as well as providing a subst a n t i a l wear coat for winter snow removal activities. During the past three years, the City has atte m p t e d to utilize the best product for our trail system. At the current time, we are using a bitumi n o u s chip seal which involves the application of asphalt emulsion, which is covered with rock c h i p s that are compacted with a roller. Once this is completed the excess chips are swept up. M o s t recently, we have gone to a very fine trap rock chip, but have also experimented with a g r a n i t e chip. The current practice costs approximately $.60 per square yard to apply and has a l i f e expectancy of approximately ten years. At the present time, the seal coating of trails is done in conjunction with the roadway s e a l coating. This work is coordinated through the Engineering Department and by doing thi s w e have been able to utilize one contractor for both projects. At the current time, the annual s e a l coating of parkland trails and parking lots is $20,000 per year. SEAL COATING CONCERNS: Since the beginning of the seal coating project the staff has received a few complaints regar d i n g the abrasive nature of the chip sealer. The primary concern and feedback comes fr o m individuals who ride on the trails immediately after they are sealed thereby having to rid e l o O s e chips, as well as those users which have small wheels such as in-line skates. In 1989, I at t e n d e d a seminar at which the Hennepin Parks District Engineer, Tim Marr, presented infor m a t i o n related to the seal coating tests that had been performed on the Hennepin Park system tr a i l s . A copy of this report is attached to this memo for your review. Options for Seal Coating Trails April 10, 1991 Page 2 The highlights of this report center around the concerns over the trail surface and maintaining it as smooth as possible for park users. While it is true that the chips sealers do become less abrasive over a period of time, the Hennepin Park system has attempted to create a smooth, yet non—slippery surface, at the time at the seal coating initially takes place. Because of their concerns with the in-line skaters, as well as roller skiers, they have gone to the use of emulsion type seal coats. These products are often used on tennis courts and home driveways. The primary reason that they have used these products is first, the equipment used is to apply the seal coat is fairly light weight thereby reducing the possibility of breaking up trails, as well as providing a very smooth surface to those participating in small wheel activities. BENEFITS VERSUS COST: According to Tim Marr, he felt the best product they had tested so far was one by Koch Refineries called Plushtex. The bid cost for applying this product in 1989 was approximately $.44 per square yard. The City's cost in 1989 for applying a chip sealer was approximately $.58 per square yard. This means that the asphalt emulsion was approximately 25% cheaper to apply. The benefit from such an application is the initial lower cost; however, the life expectancy for this particular product has been estimated by the Hennepin Parks engineer as three or four years maximum. Conversely the chip sealer that we are currently using has an approximate life of ten years. When you compare these two the cost of the emulsion sealer over a ten years period would be $1.10 per square yard versus 5.60 per square yard, which we are currently paying. In addition, each time the emulsion sealer is used the trail would have to be restriped. This would lead to additional costs of maintaining the trail. CONCLUSIONS: At the present time, to apply a smooth surface or emulsion type sealer to our trail system appears to be very expensive. However the benefits of applying such a product to the trails at Round Lake and Staring Lake Park could have considerable merit in terms of providing a smooth surface for the park users, especially those using small wheels such as in-line skates and roller skis. The staff therefore would recommend that we continue the current seal coating project on all trails in the City with the exception of Round Lake and Staring Lakes. The trail system at Staring Lake is scheduled for this year and staff would recommend that we amend the seal coating specifications for Staring Lake to utilize the product Plushtex. The trail system at Round Lake was chipped sealed last year; therefore, if Staring Lake is sealed this year with this emulsion sealer, the staff will be able to evaluate the wearability and durability of these two types of seal coating products. In the future, if there is any reason to amend or change this proposed recommendation the staff would bring the seal coating matter back to the City Council for discussion. SAF:mdd sealcoat/stu HENNEPIN PARKS PROGRAM OF SEAL COATING TEST SECTIONS FOR BIKE/HIKE TRAILS By Timothy I. Marr, P.E. District Engineer INTRODUCTION Hennepin Parks, created in 1957, is a special purpose park district created under Minnesota Statutes as an independent park authority. The primary goal of the park district is to provide outdoor education and recreational opportunities through a natural resources based system of parks. As an implementing agency for the Metropolitan Council's Regional Parks and Open Space Plan, Hennepin Parks receives the majority of its land acquisition and development funds through the Metropolitan Council. Hennepin Parks offers more than 24,000 acres of park reserves, regional parks, and special use areas, with a wide variety of recreational and educational opportunities. Park visitors can experience: € Trails for hiking, biking, horseback riding, cross-country skiing, snowshoeing and snowmobiling • Picnic areas, family campgrounds, primitive group camp sites • Nature centers providing interpretive activities • Outdoor recreation centers providing park information, rentals and concessions -2- • Lakes for swimming, canoeing, boating and fishing • Beach areas, golf courses, flower gardens and creative play areas • Downhill skiing, skating and sledding In each of the parks, one of the most popular attractions is the bike/hike trail. This trail is typically 8 feet wide and is paved with bituminous surfacing. All totaled, throughout our system, we have approximately 47 miles of these trails. In addition, there are several miles of pedestrian walkways in the heavy use areas, such as the beaches and picnic areas. These trails and walkways see heavy use during the summer months by a variety of activities including walking and running, roller skating, roller blading, roller skiing, and bicycling. Our trails were constructed during the period from 1973 to 1989. Most of them were constructed in 1978 and 1979 under a $1.1 million Bike Trail Grant that Hennepin Parks received from the Metropolitan Parks and Open Space Commission. During those two years we constructed over 29 miles of trails at Elm Creek Park Reserve, Baker Park Reserve, Carver Park Reserve, and Lake Rebecca Park Reserve. The trails were designed, layed out and construction was supervised by our own Planning and Engineering Department using contractors' equipment. Great care was taken to make these trails fit in to the natural topography on these park reserves. Very little subgrade -3- correction was done during trail construction. Generally the typical section for the trail is 4" of gravel base with 2" of bituminous paving. This is a rather light structural section but our expectation was that the construction traffic was the only heavy traffic that would ever be on the trails. The trails are really quite attractive and trail users are treated of views of woodlands, meadows, and wetlands. It's not unusual for trail users to see great varieties of wildlife, including many kinds of birds, deer, and other animals. Because of the heavy use of the trails by activities using "small wheels", we have tried to maintain the trail surfaces as smooth as possible. The maintenance of these trails has proved to be a real challenge for us. There are a number of natural factors that contribute to the deterioration of the trails including encroachment of vegetation along the edges, soil erosion along the edges, growth of willows and other tree roots through and under the trails, gophers and other rodents tunneling under the trails, cracks caused by deformation of the subgrade from frost action and the normal drying out of the asphalt. There are also some "man-made" factors which contribute to trail deterioration including unauthorized use of the trails by motor vehicles (sometimes our own), occassional snowmobile traffic and the ski poles used by - roller bladers and roller skiers. Routine maintenance is done by our own maintenance forces. This includes frequent sweeping of the trails, cleaning of the edges and minor patchwork. -4- Any major maintenance of the trails, however, has been done through contract rather than with our own forces. In the past. as money became available, we made patches on the trails or we contracted for seal coating. Sources of funding weren't reliable and it was difficult for us to plan a maintenance program. We did, however, accomplish a number of seal coating and patching projects during those early years. The results of these weren't always satisfactory. Our specifications at that time allowed contractors to choose from a number of seal coating products, most of which were tennis court topping-type materials. Some of the products used were asphalt based emulsions, and a few were cold-tar based emulsions. The problems we encountered included lack of control of and by the contractors, use of equipment that was too heavy, use of equipment that did a poor job of distributing the seal coat product, or in some cases, problems with the product itself. In a couple of cases, after two or three years the seal coat had disappeared and all that was left was the green stripe down the center of the trail. In the spring of 1988, the Hennepin Parks Board of Commissioners established a maintenance and rehabilitation program for all District facilities. This . program has allowed staff to plan ahead for major maintenance and rehabilitation projects and to have a reliable source of funding to accomplish the work. The establishment of this program gave us the opportunity we had been waiting for. We began in 1988 to conduct a regularly scheduled - rehabilitation program for our bike/hike trails and walk paths. As part of this rehabilitation we are conducting a test section program to determine if there are any of the available products or methods of seal coating which suit `630 -5- our trails better than others. Were looking at durability, ease of application. cost, rideability and skid resistance. Some engineers are of the opinion that seal coating of bituminous paving is a waste of money. Their argument is that the seal coat itself adds no structural strength to the paving and is only a cosmetic coating. We at Hennpin Parks believe that the application of a seal coat is of benefit to our trails, roads and parking lots in that sealing the surface keeps out the water and also slows down the rate at which the bituminous paving becomes dried out, and therefore brittle and weakened. A program of seal coating our bike/hike trails and walk paths is especially attractive to us if the work can be done with fairly light weight equipment. When the day comes when we must overlay or repave our bike/hike trails, its going to be a major undertaking because most of the trails are located in remote areas with difficult access. Therefore, we wish to do whatever we can in the way of maintaining the integrity of these trails so as to delay the necessity of overlaying the pavement. There are several types of seal coats that can be used on bituminous paving. • Probably the most popular in this area is the bituminous chip seal. With this method, a heavy coating of an asphalt emulsion is applied to the pavement and - this is immediately covered with rock chips which are then compacted with a roller. Excess chips are later swept up. This type is used on most of the county highways in Hennepin County and is the type that Hennepin Parks uses on its roads and parking lots. This type of seal coat, however, is not acceptable for the bike/hike trails because the resulting surface is very '10 -6- rough, making the trail unuseable for those who want to roller skate or roller ski. Also, the equipment used for a bituminous chip seal is quite heavy. Another type of seal coat that Is available Is the slurry seal. This slurry seal is applied with a special machine that mixes up a slurry of asphalt emulsion, aggregate and other mineral fillers. The mixture is applied in one pass down the road. This method can make a fairly smooth surface but is not acceptable for our bike/hike trails because the equipment required is very heavy and would likely break up our trails. This then has led us to the use of emulsion type seal coats. These seals are often used on tennis courts, driveways and parking lots. Some of them are asphalt based, some are cold tar based. But most of them are emulsified in water and are fairly easy to use and clean up after. Equipment used to apply these emulsion type seal coats is fairly lightweight and therefore acceptable on our trails. The question is, "Which, if any, of the available products are best suited to our use?" We began our seal coating test program by specifying those products which seemed to be readily available in this area and which contractors have used on our trails in the past. The intent of the program is to use these products under carefully controlled conditions. We closely inspect the application of the products to see that they are put down according to the manufacturer's recommendations and we will monitor the trail surfaces over the next few years In an effort to determine which of the products have worked out best. '7(.1 0.21 Gal/S.Y. 0.22 Gal/S.Y. 0.22 Gal/S.Y. 0.17 Gal/S.Y. 0.16 Gal/S.Y. $0.353/S.Y. $0.356/S.Y. $0.4435/S.Y. $0.46/S.Y. $0.46/S.Y. -7- The following Table shows the products which we have tested so far. SEAL COAT TEST SECTIONS SUMMARY TEST . LOW BID SECTION PRODUCT BALL PRICE A Wikel "Seal Master" 0.18 Gal/S.Y. $0.348/S.Y. (Coal Tar) Wtkel "Seal Master" 0.18 Gal/S.Y. $0.350/S.Y. w/Aggregate (Coal Tar) Wikel "Walk Master" (Asphalt). Mel "Walk Master" (Asphalt) Bituminous Sand-Seal Coat (Asphalt) Plushtex by Koch Refineries (Asphalt) Levelmaster by Wikel (Asphalt) • 109 TEST LOW BID 5ECTION PRODUCT RE EBEL Multex GRS by Koch Refineries 0.20 Gal/S.Y. $0.422/S .Y. (Coal Tar) Wikel Seal Master w/Aggregate & Latex Additive (Coal Tar) Plushtex by Koch Refineries (Asphalt) Multex GRS by Koch Refineries (Coal Tar) 0.18 Gal/S.Y. $0.342/S.Y. 0.20 Gal/S.Y. $0.442/S.Y. 0.20 Gal/S.Y. $0.422/S.Y. -8- Test sections A through G were applied in 1988 and Test Sections H through K were applied in 1989. You can see by the Table that some of the products are asphalt based and some are cold tar based. We have tried to use some of each. All of the products listed on this chart, with the exception of Test Section E which is a bituminous sand-seal, are similar in appearance and method of application. The emulsion type sealers can be applied by several different methods. All of these methods, in our experience, seem to work just fine if the workmen pay attention to what they are doing and their equipment is in good condition. One method is to use a self-propelled machine with a spray bar on the back with a number of nozzels that distribute the seal coat product over the width of the trail. A second method is to use that same machine but to use a single hand-held wand to distribute the material. A third method is to use a machine that dribbles the seal coat material out onto the trail by gravity. The material is then spread over the width of the trail, either by a squeege carried on the back of the machine, or by laborers walking behind. Two passes are usually necessary to get the required coverage. All of the test sections that have been completed so far, with the exception of Test Section E, have used emulsion type sealers . Test Section E is a bituminous sand-seal. This is identical to the bituminous chip seal that we use on our roads and parking lots, except that the aggregate used is course sand rather than rock chips. As in the chip seal a heavy coating of asphalt -9- emulsion is first applied to the trail followed immediately by application of the course sand which Is compacted into the emulsion by roller. Excess sand is later swept up and removed. The following are some conclusions about these test sections based on our observations during construction, as well as observations made during recent inspections of the 1988 Test Sections. • Test Section A - "Seal Master" by Wikel (a coal tar product applied at a rate of 0.18 gallons per square yard) The paving surface in this test section is very smooth. In fact, it's so smooth that it's quite slippery when wet. No particular problems were encountered In the application of this product. • Test Section 8 - "Seal Master" by Wikel with aggregate added (a coal tar product applied at a rate of 0.18 gallons per square yard) Close observation of this test section shows a network of hairline cracks all over the surface. There is some speculation that this is caused by the coal tar expanding and contracting at a different rate than the asphalt that it has adhered to. No particular problems were encountered in the application of this product. '10 -10- • Test Section C - "Walk Master" by Wtkel (an asphalt product applied at a rate of 0.21 gallons per square yard) The surface of the trail in this test section is again quite smooth, although not as smooth as the surface in Test Section A. We have not noticed that this section is slippery when wet. No particular problems were encountered in the application of this product. o Test Section D - "Walk Master" by Wikel with aggregate (an asphalt product applied at a rate of 0.22 gallons per square yard) The surface of the trail in this test section seems quite sound. The silica sand that has been added to the product gives it good skid resistance and yet retains good rideability. No particular problems were encountered in the application of this product. o Test Section E - Bituminous Sand-Seal (an asphalt product applied at a rate of 0.22 gallons per square yard) The surface of the paving in this area is by far the roughest of all the seal coat test sections. There's no doubt that this is also the best seal coat of all those we've tried from the standpoint of durability. Just the .amount of the material that has been applied and remains adhered to the trail makes it better. But the application of this seal coat c a n b e f r a u g h t with difficulties. There is much more potential for disaster when applying this seal coat compared to those that are sprayed or squeeged on. This test section was actually applied by a contractor with good equipment who i s q u i t e experienced in placing aggregate seal coats, and yet great difficu l t i e s w e r e encountered. As a matter of fact, the length of this test section was cut short because of problems observed and the quality of seal coat surface that remained after the aggregate was swept off. Inspection of the s u r f a c e a y e a r later shows, however, that most of it is acceptable and useabl e f o r a l l o f o u r activities, even those with small wheels. But great care needs t o b e t a k e n i n Its application and a little luck is required as well. There Is some question whether or not we'll take a chance on this one again In the future. ° Test Section F - Plushtex by Koch Refineries (an asphalt produ c t a p p l i e d at a rate of 0.17 gallons per square yard) The surface of the paving In this test section is quite sound, r i d e a b i l i t y is good, skid resistance is good. No particular problems were e n c o u n t e r e d in the application of this product. ° Test Section G - Level Master by Wikel (an asphalt product appl i e d a t a rate of 0.16 gallons per square yard) -12- The surface of the paving in this test section is sound, there's no evidence of any cracking or peeling of the material from the trail. In fact, this test section is one of the best that has been observed so f a r . Some difficulty was encountered in applying this product. The spra y nozzles were continually plugging up. and occasionally there were go b s o f the material appearing on the trail and these had to be smoothed ou t b y hand. • Test Section H - Multex GRS by Koch Refineries (a coal tar product ap p l i e d at a rate of 0.20 gallons per square yard) This test section has only been down a short time, but the surface appears very tight and black. Skid resistance and rideability are good. No particular problems were encountered in applying this product.° o Test Section I - "Seal Master" by Wikel with aggregate and latex add i t i v e (a coal tar product applied at a rate of 0.18 gallons per square yar d ) The surface of the trail in this test section area looks sound and b l a c k . The manufacturer claims that the latex additive makes the product tougher. Rideability and skid resistance seem good. No particular difficulties were encountered in the application of this product. o Test Section J - Plushtex by Koch Refineries (an asphalt product applied at 0.20 gallons per square yard) The surface of the paving in this test section is good. This product comes pre-mixed with the aggregate. The contractor had some difficulty in applying the product. The spray nozzles on his applicator were continually plugging up requiring maintenance. (This product was applied by a different contractor in 1988 and no particular difficulties were noted.) • Test Section K - Multex GRS by Koch Refineries (a coal tar product applied at a rate of 0.20 gallons per square yard) The surface of the trail in this test section appears good. No particular difficulties were encountered in the application of this product. We don't claim that there's anything scientific about our test section program, but we do feel that it has merit. As you can see, we've already learned some things about some of the available products. The following are some general observations we have about this test section program in particular, and about seal coating and maintenance of bike/hike trails in general. • In the future we will not specify a seal coat product without some sort of aggregate material in it. The aggregate is needed for skid resistance. -14- Coal tar based products amear to be more brittle than asphalt based products. Also they are supposed to be more resistant to gas and oil spills. • Many asphalt based products require a tack coat. This is one more step for the contractor to go through in his application. • The bituminous sand-seal appears to be by far the best seal coat. However, there's a potential for problems when applying it. No matter what product is being used, close supervision is required to ensure that the product is applied as the manufacturer or the specification requires. The products which are emulsified in water are easily cut back or diluted. Hennepin Parks has yet to find an economical solution to eliminate the willows from popping up in the trails. In those areas where we have had willow problems, nothing short of complete removal of the willow plants has solved the problem. Crack sealing is also an important part of any pavement rehabilitation program. We recommend cleaning the cracks with a saw or a router and then •applying a rubber asphalt crack sealer before seal coating takes place. -15- • Minor patches are made on our trails using a "sand mix". This allows the edges of the patch to be raked smooth so that rideabillty is retained. • Since our construction season is so short here it is inevitable that trail maintenance occurs during a time when trail use can be quite high. We have found that it's extremely difficult to keep trail users off of our fresh seal coating. We've tried a number of techniques including all sorts of warning signs, barricades and plastic ribbons, but inevitably someone walks or rides through the wet seal coat. In conclusion, we don't claim that this test section program has been a scientific study, but we do feel it has already been valuable to us, and we look forward to observing these test sections in the coming years. 3575E 9/27/89 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-77 TH 212 LAYOUT APPROVAL (Interchange at Prairie Center Drive) WHEREAS, the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway #260, renumbered as Trunk Highway No.212, within the corporate limits of the City of Eden Prairie, from 0.57 miles west of Prairie Center Drive to TH 494; WHEREAS, said preliminary layouts are on file in the office of the Department of Transportation, St. Paul, Minnesota, being marked, labeled, and identified as Layout No. 4A S.P.2762-08 (212=260) from the West County Line to TH 494. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said preliminary layouts for the improvement of said Trunk Highway within the corporate limits be and hereby are approved subject to the following: A. Incorporate the intersection improvements indicated in a recently completed analysis (additional left turn lane for north-bound Prairie Center Drive at its southerly intersection with Technology Drive and an additional right turn lane on each TH 212 exit ramp at their intersection with Prairie Center Drive). B. MnDOT would cooperate with Eden Prairie staff in developing an acceptable retaining wall design in the area northwest of the interchange. C. MnDOT would provide a plan showing revisions to the Data Serv parking lot that would be necessary due to Prairie Center Drive and Technology Drive construction. D. MnDOT would pursue all options (including early right-of-way acquisition, accelerated design, municipal agreement, etc.) that would accomplish the surcharge construction on Technology Drive a year in advance of the scheduled 1993 interchange construction project. This is an important issue to the City of Eden Prairie for the following reasons: I. Be able to keep the interchange project on schedule. 2. Provide better traffic circulation during the interchange construction. 3. Reduce potential long-term settlements by providing a longer surcharge period. ADOPTED by the Eden Prairie City Council on April 16, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk