The URL can be used to link to this page

Home My WebLink AboutCity Council - 12/03/1991A GENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 3, 1991 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:31 PM, CITY HALL COUNCIL CHAMBER 7611 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. Franc, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert , Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick ROLL CALL I. APPROVAL OF AGENDA AND OTHER, ITEMS OF BUSINESS H. MINUTES A. City Council meeting held Tuesday. November 19. 1991 M. CONSENT CALENDAR A. Clerk's License List B. SOUTHWEST SUBURBAN CABLE COMMISSION - 1991 CATV Relief Extension - 2nd Reading of Ordinance No. 37-91 Repealing the CATV Relief Ordinance, Ordinance No. 12-85, and CATV Relief Ordinance Amendment, Ordinance No. 57- 88, Providing for the Continuance of Certain Aspects of the CATV Relief Ordinance, As Amended, and Restructuring the Manner in which Local Programming is Funded; Approval of Restated Performance Agreement; Approval of Consent Agreement and Guaranty of Performance C. Approval of South Hennepin Regional Planning Agency Joint Powers Agreement Page 2495 Page 2515 Page 2597 City Council Agenda December 3, 1991 Page Two IV. PUBLIC HEARINGS A. GOLF POINTE by Associated Investments, Inc. Request for Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential on 2.24 acres, Zoning District Change from Rural to RI-13.5 on 2.24 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 2.24 acres into 5 single family lots. Location: South of Valley View Road, east of the abandoned Chicago Northwestern Railway (Resolution No. 91-227 - Amending the Comprehensive Municipal Plan; Ordinance No. 29-91 - Rezoning from Rural to RI-l3.5; and Resolution No. 91-259 Approving the Preliminary Plat) B. RICE MARSH LAKE PUD by The Pemtom Company for a Planned Unit Development Concept Review on 129.8 acres, Planned Unit Development District Review on 129.8 acres with waivers, Zoning District Change from Rural to RI-9.5 on 24.8 acres and from Rural to RI-13.5 on 105 acres, Site Plan Review, and Preliminary Platting of 129.8 acres into 204 single family lots, 3 outlots, and road right-of-way for construction of a residential development to be known as Rice Marsh Lake P.U.D. Location: North of Rice Marsh Lake, just east of Chanhassen-Eden Prairie city limits (Resolution No. 91-245 - Approving the PUD Planned Unit Development Concept Amendment; Ordinance No. 31-91-PUD-11-91 - PUD District and Rezoning from Rural to RI-9.5 and R1-13.5; and Resolution No. 91-246 - Approving the Preliminary Plat) V. PAYMENT OF CLAIMS VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS. REOUESTS AND COMMUNICATIONS A. Petition for the Closure of the Heritage Road/Highway 5 Intersection (Continued from November 5, 1991) VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES Page 2521 Page 2537 Page 2533 Page 2543 A. Heritage Preservation Commission - RequVst Approval to Page 2545 Award Contract to TeIlus for Historical Survey and Context Study IL APPOINTMENTS A. Appointment of Resident to Two-year Tenn on Southwest Page 2547 Metro Transit Commission. City Council Agenda December 3, 1991 Page Three X. REPORTS OF OFFICERS A. Reports of Councilmembers B. Report of City Manager 1. Radio Tower Replacement 2. Discussion of General Fund Budget 3. Thscussion of Enterprise Funds Budget C. Report of Director of rubric Works 1. Award Contract for Purchase of Sewer Jetter XL OTHER BUSIN1ESS ADJOURNMENT Page 2551 EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TIME: 8:00 PM Tuesday, November 19, 1991 LOCATION: City Hall Council Chambers 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Franc, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. PRESENTATION OF THE HERITAGE QUILT BY EDEN PRAIRIE SENIORS The Heritage Quilt of Eden Prairie was presented to the City by a group of quilters from the Eden Prairie Senior Center. The following persons participated in the design, drawing landmarks, embroidery, assembly and quilting of the Heritage quilt: Marion Nesbitt, Angie Rogers, Carrol Martinson, Amanda Peterson, Earl More, Olive Larson, Adeline Bramwell, Louise Mitchell, Bernice Brown, Rachel Hjorth, Ralph Nesbitt, Lorry Wallace, Shirley Lautt, Vi McLain, Lovey Russell, Toni Kniebel, Bette Johansson, Helen Shosted, Adeline Pannek, Vi Wagness, Sandy Werts, and Bert Rogers. Council expressed its appreciation for the project and for the people who worked on it. Jessen suggested a plaque be made which listed the names of those participating in the project as well as a story about each of the scenes depicted in the squares that made up the quilt. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Pidcock moved, seconded by Harris, to approve the agenda. Jullie requested that item III. E. The Contract Format for Use of Community Center, be eliminated from the Consent Calendar. He said a recommendation had not been received from the Parks, Recreation and Natural Resources Commission and that it would be placed on a future agenda. He also requested the addition of Item X. B. 2. under Report of the City Manager: Request for Consultant Services to Assist in Review of the CPT Building. Anderson requested the addition of one item under X. A. Reports of Councilmembers: (2) Discussion of Minnesota River. Pidcock requested the addition of: (3) Working But Poor in Hennepin County Report. o'')4 1 -.7r Eden Prairie 2 November 19, 1991 City Council Minutes Unapproved Agenda approved as amended 4-0. II. MINUTES A. City Council Meeting held Tuesday. November 5. 1991 MOTION Harris moved, second by Anderson, to approve the minutes from the City Council Meeting held November 5, 1991. Motion approved 4-0. B. City Council/Staff Workshop held Tuesday. November 12, 1991 MOTION Pidcock moved, seconded by Jessen, to approve the notes of the City Council/Staff Workshop held Tuesday, November 12, 1991. Motion to approve the Minutes as amended approved 4-0. III. CONSENT CALENDAR A. Clerk's License List B. CITY CODE AMENDMENT (PUD CONCEPT AREA MINIMUM OF 15 ACRES) by City of Eden Prairie. 2nd Reading of Ordinance 24-91 amending City Code Chapter 11, Section 11.40, Subdivisions 6 and 11 relating to PUD Concept Area minimum of 15 acres and Findings Required respectively; Adoption of Resolution 91-220, Authorizing Summary and Ordering Publication of Ordinance 24-91. (Ordinance No. 24-91 - PhD Concept, Resolution No 91-220 - Summary and Publication) C. Final Plat Approval of Fairfield of Eden Prairie 7th Addition (located north of Cedar Ridge Elementary School and south of Chicago and NW Railway (Resolution No. 91-255) D. Bluffs East 11th Addition by Hustad Development Corporation. 2nd Reading of Ordinance 28-91-PUD-9-91, Zoning District Change from Rural to R1-9.5 on 2.43 acres and R1-13.5 on 1.8 acres; Approval of Developer's Agreement; Adoption of Resolution 91-230, Authorizing Summary and Ordering Publication of Ordinance 28-91-PUD-9-91; 12 single family lots and road right-of-way to be known as Bluffs East 11th Addition. Location: North of Bluff Road, west of Falcons Way. (Ordinance No. 28-91-P(JD-9-91 - Zoning District Change; Resolution No. 91-230 - Summary and Publication) Eden Prairie 3 November 19, 1991 City Council Minutes Unapproved E. Approve Contract Format for Use of Community Center (to be continued pending recommendation from the Parks, Recreation, and Natural Resources Commission) F. Proposed Study Regarding Water Elevation of Glen Lake. Shady Oak Lake. and Birch Island Lake G. SOUTHWEST SUBURBAN CABLE COMMISSION - 1991 CATV Relief Extension - Adoption of Resolution No. 91-242 Approving Settlement with the Grantee under the City's Cable Communication Franchise Ordinance Regarding Revisions to and Extension of Certain terms of the CATV Relief Ordinance as Amended, Based Upon Enactment of the Local Programming Restructuring Ordinance and Modifications to Other Related Agreements; 1st Reading of Ordinance No. 37-91 Repealing the CATV Relief Ordinance, Ordinance No. 12-85, and CATV Relief Ordinance Amendment, Ordinance No. 57-88, Providing for the Continuance of Certain Aspects of the CATV Relief Ordinance, As Amended, and Restructuring the Manner in which Local Programming was Funded; Approval of Restated Performance Agreement; Approval of Consent Agreement and Guaranty of Performance MOTION Harris moved, seconded by Pidcock, to approve the Consent Calendar with the deletion of Item III.E. Jessen asked for clarification of Item G, the contract with the Southwest Suburban Cable Commission - 1991 CATV Relief Extension. JuHie said it as basically an extension of the current relief agreement for the term of the franchise. It included an adjustment providing more franchise fee revenue to the City, going from 3% to the full 5%, or from $110,000 annually to $145,000. Consent calendar as amended approved 5-0. IV. PUBLIC HEARINGS A. VACATION NO. 91-09„Right-of-way for part of Baker Road (located in Section 3, Township 116, Range 221111 (Resolution No. 91-256) Jullie said notice of the public hearing was properly published and mailed to interested persons. He said this public right-of-way existed for a part of Baker Road that had been abandoned after the road had been realigned. There was no longer any public need for the property. Anderson asked what happened to land after the City vacated it.. Ric Rosow, Assistant City Attorney, said that the City relinquished any interest in the property after it was vacated. The property then would go into private ownership. If the property had come out Eden Prairie 4 November 19, 1991 City Council Minutes Unapproved of a platted piece of land, it would go back to that property and be divided in half. The City would not have the option to purchase it. He said that the manner in which the property was received by the City determined how the City could handle such property. For example, if it had been donated as a right-of-way, the City could no longer own the property when it was not used for this purpose. However, if the property had been deeded to the City, the City could use it for whatever purpose it decided was appropriate. Anderson said he would like the City to develop a policy of what would be done with parcels of land to be vacated, and for which the City had the option to purchase. He would like to see such parcels returned to a natural state, particularly with trees and other vegetation. There were no comments from the audience. MOTION Harris moved to close the public hearing and Adopt Resolution No. 91-256 for Vacation No. 91-09, Right-of-Way for part of Baker Road (located in Section 3, Township 116, Range 22W). Seconded by Pidcock. Motion approved 5-0. B. VACATION NO, 91-10. Part of the Drainage and Utility Easement on Lot 7. Block 2. Amsden Hills Third Addition (Resolution No. 91-257) Jullie said the notice for this vacation was properly noticed and published. The vacation was for a small drainage and utility easement which was no longer needed. There were no comments from the audience. MOTION Pidcock moved to close the public hearing and adopt Resolution No. 91-257 for Vacation No. 91-10. Seconded by Jessen. Motion approved 5-0. V. PAYMENT OF CLAIMS MOTION Anderson moved, seconded by Pidcock, to approve payment of claims. Motion for payment of claims approved with Jessen, Pidcock, Harris, Anderson, and Tenpas all voting "AYE". VI. ORDINANCES & RESOLUTIONS LV1 Eden Prairie 5 November 19, 1991 City Council Minutes Unapproved VII. PETITIONS. REQUESTS AND COMMUNICATIONS A. Request to Consider Purchase of Five Parcels West of Eden Road (continued from November 5, 1991) Jullie said the City had received a proposal for the purchase of five residential properties along Eden Road and Singletree Lane and he called Council attention to the staff report on this subject. He said that if the Council chose to pursue the purchase, an appropriate action would be to retain an appraiser to determine fair market value for the parcels involved. Harris said she expected additional development in the area soon because of the Wal-Mart store. She said her interest was to preserve a parcel of land for a City water tower in the area north of Singletree Lane and she agreed with staff recommendation to have the property appraised. Jessen said he would like a better understanding of how the property would be used by the City before an appraisal was made. Tenpas said the only reason he could see for the City to purchase the properties was a public purpose. Harris said she believed the City should acquire the properties before the cost became prohibitive if it were determined that the properties would be used for a public purpose. Anderson said he was not in favor of purchasing the property until the City had determined exactly how it would be used for a public purpose. Jullie said a water tower in the area was a possibility. He said at the December 3, 1991 Council meeting, staff would recommend hiring a consultant to design the water tower to determine whether a large water tank could fit into a downtown design concept. He added that it would give the City control over the "front door" to the Teman property which would probably be the next parcel to be developed. Council agreed to request staff to study further the feasibility of the City purchasing these properties and possible uses for the properties. Kelly Doran, one of the owners of the properties in question, said the reason this proposal was brought before the Council was that the owners believed that the particular five parcels were important to the development of the downtown area, and that if the City owned them, it could exercise more control over the entrance to the downtown area. Eden Prairie 6 November 19, 1991 City Council Minutes Unapproved VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS. & COMMITTEES IX. APPOINTMENTS A. Southwest Metro Transit Commission JSMTC) - ApPointment of a Councilmember to serve on the Southwest Metro Transit Commission for a three-year term commencing January 1, 1992 to December 31, 4. MOTION Anderson nominated Pidcock as the Councilmember to serve on the Southwest Metro Transit Commission for the three-year term. Seconded by Harris. Motion approved 5-0. B. South Hennepin Regional Citizens Advisory Commission - Appointment of two representatives, one for 1992, and one for 1992-1993 MOTION Jessen moved to nominate Bette Anderson for the 1992-93 term, Bill Jackson for the 1992 term, with Virginia Gartner as alternate, per recommendation from the Human Rights and Services Commission of November 15, 1991. Seconded by Harris. Motion approved 5-0. X. REPORTS OF OFFICERS A. REPORTS OF COUNCILMF.MBERS 1. Truth-in-Taxation Harris said her concern was that sufficient and accurate information was made available to the public prior to the Truth- in-Taxation hearing. She requested that the staff prepare the information in an understandable form and request that the newspapers publish it. She said she believed the use of tables and bar graphs were very effective. 2. Minnesota_3j1Lej_• Anderson said he said there was a meeting on Thursday, November 21, with the PCA regarding the pollution in the Minnesota River and another meeting next month with the Metropolitan Council. He said he believed the City should take a position on the clean-up of the river as it should be an amenity to the community. Eden Prairie 7 November 19, 1991 City Council Minutes Unapproved Jessen said the problem with the Minnesota River came from upstream and the river was polluted with farm chemicals from the farming areas around Mankato and New Ulm. He said he believed the City should go on record as supporting any efforts to clean up the river, and at the same time be committed to spending money to clean up any pollution caused by the City. He said the proposed expansion at Flying Cloud Airport could have a significant impact on the water quality in the river. Enger said that he and City Engineer Alan Gray served on the Lower Minnesota Technical Division Committee whose purpose was to act as a clearing house for each agency involved with the problem and to identify all the causes of the pollution in the Minnesota River. He said the Committee had determined three causes: (1) Direct drainage from agricultural run-off; (2) Direct wind-blown pollution; (3) Pollution from urban areas from the air-borne contaminants because of runoff from parking lots and other hard surface areas. Dietz said it had been suggested that cities such as Eden Prairie give money to an agency to assist the outstate areas in the clean-up of the river, as the issue with most of the counties involved was lack of funds for effective clean-up and pollution control. Jessen asked if any Reinvest in Minnesota funds could be used to remove drain tiles and convert land back to wildlife habitats. Enger said that money was the issue in the outstate areas. Therefore, he believed that Dietz's suggestion was appropriate and had the best chance of being successful. After further discussion, the consensus of the Council was that a resolution be drafted by staff to inform environmental agencies and the community that the City was concerned about the environment, and that it would be willing to make commitments to improve the the quality of water in the Minnesota River. 3. Working But Poor in Hennepin County Pidcork referred to the booklet received from South Hennepin Human Services Commission, and wished to call Council attention to the following statistical information: (1) 11.5% of the residents of Hennepin County had incomes at or below the poverty line. Of these, 30% were from the suburbs. (2) 44% of the households using food shelves in the Twin Cities Metropolitan Area reported employment as the main source of income. The study had stated that it was not likely that jobs would bring people out of poverty as had been the case in the past. Eden Prairie 8 November 19, 1991 City Council Minutes Unapproved B. REPORT OF CITY MANAGER 1. Permit Process Regarding EilLWea Jullie said staff had been investigating further the Army Corps of Engineers permitting process for the filling program the City had along the west side of Prairie Center Drive. It had been suggested that the City make sure its interests were protected in this matter. Linda Fisher from the Larkin Hoffman law firm was suggested as a person with expertise in this area who could represent the City. Because this project had the potential for enormous economic impact on the community, Jullie said he believed it was a good idea to retain the services of Ms. Fisher to get information to the appropriate personnel in the various agencies involved. He called attention to Ms. Fisher's written proposal. Jessen explained that the City had been served a notice of suspected violation from the Army Corps of Engineers on the basis of advice it had received from the U. S. Fish and Wildlife Service. When the City began the work in this area, a different set of regulatory processes were in place. However, in the last ten years, the question of who had jurisdiction and what the potential mitigation might be had changed rather significantly. Jessen said he believed it was a very complex issue with many agencies and personalities involved, and it was also an area of the law where there had been a specialization built up over the last few years. Jessen said he believed the City should have the advice of a wetlands expert on the issue and believed the recommendation from Aline was a sound one. Tenpas said he wanted to be clear that the City believed the firm of Lang, Pauly and Gregerson was doing a fine job for the City, but that Ms. Fisher of the Larkin Hoffman firm would be retained solely on the basis of her expertise in the area of wetlands. MOTION Harris moved to accept the staff recommendation and retain the services of Linda Fisher of the Larkin Hoffman law firm to advise and represent the City in the permit process regarding fill west of Prairie Center Drive. Seconded by Jessen. Motion approved 5-0. Eden Prairie 9 November 19, 1991 City Council Minutes Unapproved 2. Acquisition of CPT Building Jullie called Council attention to a proposal from the Sterling Group, a company composed of two individuals who have had careers in real estate. He said he believed the City needed professional assistance to review all of the implications of the possible purchase of the CPT building. He said he had met with the two principals of the company and stated the City's needs to them, and as a result, the Sterling Group had submitted the proposal. He recommended Council consider approval of the agreement. Pidcock asked if Jullie had checked the references of former clients of the Sterling Group. Jullie said he had spoken to one city manager who had been very satisfied with the work of the individuals in the firm. Anderson said he would be in favor of hiring the Sterling Group if other references were also favorable. Harris and Jessen agreed. Tenpas requested one change in the contract to include more meetings with the seller and with the City, instead of three with the seller and twelve with the City as originally proposed. He also believed there should be some stipulation as to what constituted a formal meeting. MOTION Jessen moved to accept the staff recommendation and contract with the Sterling Group for assistance in evaluating the feasibility of the acquisition of the CPT Building by the City. Seconded by Harris. Motion approved 5-0. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Harris moved, seconded by Anderson, to adjourn at 9:40 PM. Motion approved 5-0. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST December 3, 1991 CONTRACTOR (MULTI-FAMILY & COMM.) Griggs Contracting, Inc. Hoeft Builders, Inc. Karkela Construction CONTRACTOR (1 & 2 FAMILY) LeGran Homes, Inc. Michael Homes, Inc. New Spaces Home Craftsman Jerry Thell Builders PLUMBING Galaxy Mechanical H.I.S. Plumbing Co., Inc. Dan G. Johnson Plumbing Northern Plumbing & Heating, Inc. Summit Plumbing & Heating ON SALE WINE & STRONG BEER Davanni's Pizza GAS FITTER Associated Heating, Inc. Galaxy Mechanical Support Services HEATING & VENTILATING Associated Heating, Inc. Benck Refrigeration, Inc. Key Metalcraft,Inc. Support Services SEPTIC SYSTEMS American Sewer h Water GAMBLING Welsh-Sierra Limited Partnership (Bingo Hall at the Eden Prairie Legion) These licenses have been approved by the department heads responsible for the licensed activity. tko MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and Councilmembers Carl Jullie, City Manager t...1 November 26, 1991 South Hennepin Regional Planning Agency Joint Powers Agreement Attached for your review and approval is the final draft of the South Hennepin Regional Planning Agency Joint Powers Agreement. The agreement was drafted by the City of Richfield's City Attorney, Charles L. LeFevere, on behalf of the four South Hennepin communities, Bloomington, Eden Prairie, Edina, and Richfield. The document replaces the former Joint Powers Agreement and reflects the reorganization of South Hennepin Human Services Council to a planning agency. The four city managers, Jeanne Massey, and the Human Service staff representatives, have met and reviewed the content. Agreement was reached that the document adequately defines the relationships and commitments necessary to support the new organization. Once the Joint Powers Agreement is approved by the four participating cities the new organization "South Hennepin Regional Planning Agency" will officially begin operations. SOUTH HENNEPIN REGIONAL PLANNING AGENCY JOINT AND COOPERATIVE AGREEMENT The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes Section 471.59 and supersedes all previous agreements between the parties relating to the organizatioh created by this Agreement. Upon execution of this Agreement by all parties, the organization hereby created shall automatically assume all debts, assets and contractual rights and obligations of the South Hennepin Regional Planning Agency created by joint powers agreement of the parties finally executed on October 21, 1986, which organization shall thereupon be terminated. Section 1. The general purpose of this Agreement is to provide an organization through which the parties may jointly and cooperatively coordinate the providing of human services, both publicly and privately, in the territory of the respective parties. Section 2. The organization formed by this Agreement, being governmental in nature, shall not be used or operated for the pecuniary gain, directly or indirectly, of any party of any member of its board. The organization shall not participate or intervene in a political campaign on behalf of any candidate for public office. ARTICLE II. DEFINITIONS Section 1. For the purpose of this Agreement, the terms defined in this section have the meanings given them. :.-0?4,7FS:.:N22739 Section 2. "South Hennepin Regional Planning Agency," or "Agency," means the organization created pursuant to this Agreement, which is formally known as the "South Hennepin Regional Planning Agency." Section 3. "Board" means the board of directors of the Agency. Section 4. "City Council" means the governing body of a party. Section 5. "Party" means a governmental unit which enters into this agreement. Section 6. "Governmental unit" means a city, however organized. Section 7. "Human services" includes but is not limited to services and facilities to deal with and serve human needs. Section 8. "Regional Citizen Advisory Commission" means an advisory Commission which consists of two representatives from a local advisory group for each party, one City Council member from each party, and one human services staff person from each party. Section 9. "Local Advisory Group" means the commissions, committees or other organizations which advise individual parties on issues relating to human services. ARTICLE III. PARTIES Section 1. The initial parties to this Agreement are the following governmental units: City of Bloomington City of Eden Prairie City of Edina City of Richfield C60-4 2 ARTICLE IV. BOARD OF DIRECTORS Section 1. The Agency shall be managed by the board of directors. Each party is entitled to one director, who shall be the City Manager or the City Manager's designee, unless otherwise specified by resolution of the City Council. Appointees shall remain in office until such directors' successors are selected and qualified. The City Council may also, at its discretion, rescind such appointment. Section 2. A quorum of the Board consists of three directors. Section 3. A vacancy in the office of directors is filed by the Council of the city appointing the director. In the event the director whose position becomes vacant was also an officer, the Board shall fill the vacancy in that office. ARTICLE V. REGIONAL CITIZENS P.DVISORY COMMISSION Section 1. There is hereby created an advisory body which shall be known as the Regional Citizen Advisory Commission (or "Commission"). The primary purpose of the Commission is to serve as the main communications link between the local advisory groups and the Regional Planning Agency and to advise the Board of Directors and the Agency staff on regional planning issues including the development and implementation of a citizen participation process. The Commission shall have such other duties as are delegated to it by the Board of Directors. The Commission shall review and comment on the annual work plan and budget submitted to it by the Board of Directors. Throughout the fiscal year, it shall review the progress made relative to the approved work plan. COSVIHS:UN22:3•4 PC:60-4 3 Section 2. The Commission shall consist of the following voting and advisory members: Two representatives from each party's Local Advisory Group (appointed by the City Council); one City Council representative from each party (appointed by the City. Council); and one human services staff person from each party (advisory only, non- voting)(appointed by the City Manager). There is no proxy voting. Each voting Commission member shall have one vote. The City Council of each party shall appoint its three Commission members for terms of two years, who shall remain until such Commission members' successors are selected and qualified. The human services staff person from each city shall serve at the pleasure of the City Manager. No voting Commission member shall serve more than three terms. The City Council may also, at its discretion, rescind such appointment. In January of each year, each City Council shall make two regular appointments of members whose terms shall be for two years, commencing on the following February 1. The Council shall adjust terms upon initial appointments and shall adjust terms upon subsequent appointments from time to time, as necessary, so that terms shall be staggered to the extent possible. Section 3. A vacancy in the office of a Commission member is filled by the Council of the city appointing the Commission member. Section 4. In appointing the voting members of the Commission, each City Council will appoint one member from the City Council, and two members from the City's local advisory group(s). (In appointing the representatives from the local advisory group, consideration may be given to health professionals, administrative officials, senior citizens, young adults of voting age, persons C0AVERS::162:714 AC160-4 4 engaged in law enforcement, members of the clergy, representatives of business and labor and others with special concerns related to human service activities so that the Commission may be a representative sampling of the population of all of the parties. The City Councils should endeavor to avoid having more than one- half of the Commission members from any one group, profession or interest.) The Commission shall advise the parties of the names and occupations of each of its members. The City Council of a party, however, shall have complete authority to appoint and to remove, at any time, a member appointed by it. Such appointments may be made by a City Council pursuant to such restrictions and requirements as the City Council may require. If the City Council does impose restrictions or requirements on its Commission members, the member must inform the Commission of those restrictions or requirements. Section 5. At the organizational meeting of the Commission, and in February of each year, the Commission shall elect from its members a chair, a vice-chair, and a secretary. Section 6. In February of each year, the Commission members shall formulate by- laws governing its procedures, including the time, place and frequency of its regular meetings and the manner of calling special meetings. Such rules and regulations must provide for a minimum of four meetings a year on a quarterly basis. The by-laws may be amended from time-to-time subject to the provisions of this Agreement. The by-laws of the Commission shall be submitted to the parties for approval by their respective City Councils. Section 7. The Commission may create an executive committee and other committees as it may deem necessary pursuant to its by- rONVIFS:CN:271'g RC1b0 4 5 1 laws. The executive committee shall include at least one member from each of the parties and the Commission may authorize it to exercise specified powers of the Commission between Commission meetings, subject to the limitations imposed upon it by the Commission. ARTICLE VI. BOARD OF DIRECTORS MEETINGS - ELECTION OF OFFICERS Section 1. At the organizational meeting of the Board, and in February of each year, the Board shall elect from its members a chair, a vice-chair, a secretary and a treasurer. More than one office may be held by a director. Section 2. In February of each year, the board of directors shall adopt or amend rules and regulations governing its procedures, including the time, place and frequency of its meetings and the manner of calling special meetings. Such rules and regulations may be amended from time-to-time subject to the provisions of this Agreement. Section 3. The Board may create an executive committee and other committees as it may deem necessary pursuant to its by-laws. The executive committee may be authorized to exercise specified powers of the board of directors between Board meetings, subject to the limitations imposed upon it by the Board. ARTICLE VII. POWERS AND DUTIES OF THE AGENCY Section 1. The powers and duties of the Agency acting through the Board include the powers set forth in this section. Section 2. It may employ a person to act as senior planner. Section 3. It may make such contracts as are necessary to effectuate the purposes of this Agreement. ::N22719 PC16:. -4 6 Section 4. It may employ such other persons as it deems necessary to accomplish its powers and responsibilities. Persons may be employed on a full-time, part-time or consulting basis, as the Board determines. Section 5. It may conduct research and investigation regarding existing and possible future human services facilities and programs and may develop a proposed plan for providing and coordinating of human services in any or all of the areas of (a) mental health, (b) mental retardation, (c) drug and alcohol abuse, (d) family counseling, and (e) other related or similar problems. Section 6. It may prepare an inventory of human service facilities, services and agencies, both public and private, available to persons residing in the cities. It may make a cost analysis of any existing or proposed human services programs, may call attention to human service needs and human services programs and may undertake to coordinate human service programs, public and private, within the territory of the cities. Section 7. It may apply for and receive financial support in the form of grants from any organization or agency in order to accomplish its purposes and may enter into the agreements necessary to obtain the support, upon approval by all city councils. Section 8. It may invest and reinvest funds not needed for current operating expenses, if any, in the manner applicable by law to statutory cities. The Agency may not incur obligations in excess of funds available to it. Section 9. It may contract for space, material and supplies. Section 10. It must make a financial accounting and report to the parties at least once each year. Its books and records shall COSITWON22735 C1604 7 be available and open to examination to authorized representatives of the parties at all reasonable times. Section 11. It shall secure insurance to protect the Agency, the Board, the offices and employees of the Agency and the parties in such form and amount as are agreed by all parties. Section 12. It may conduct human service programs within the territory of the parties, provided that the undertaking of any such program shall first have been approved by the Council of all four of the parties, and provided that it transfers control and direction of the program to another entity within two years, unless otherwise authorized by the parties. Any such program may be submitted to the parties in conjunction with the annual budget of the organization, or it may be submitted between budgets at any time. Section 13. It may exercise any other power necessary and convenient to the implementation of its powers and duties under the provisions of this Agreement. Section 14. No director may on the basis of sex, race, creed, national origin, color, religion, age, or disability, be excluded from the participation on all decisions of the Board. Nor may a director be treated differently from the other directors. All directors shall have the same voice on the Board. ARTICLE VIII. FINANCIAL MATTERS Section 1. Agency funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by statutory cities. Orders, checks and drafts shall be signed, and other legal instruments shall be executed on behalf of the Agency as provided in the by-laws. CONVERS:ON227:9 RCItiO-4 8 Section 2. Contracts shall be let and purchases made in conformance with the legal requirements applicable to contracts and purchases of optional Plan B cities and for such purposes the senior planner, if any, shall be deemed to occupy a position equivalent to that of a city manager. Section 3. The Board (1) is strictly accountable for all funds received and for all funds expended by it, (2) must have an annual audit of its books, and (3) must make an annual report of all of its receipts and disbursements to each of the parties. Section 4. A proposed annual budget must be formulated by the Board of Directors, submitted to the Regional Citizens Advisory Commission for its review and comment, and submitted to the parties on or before August 1 for their approval. The budget shall be deemed approved by a party unless, prior to October 17 of the year involved, the party gives notice in writing to the Agency that it does not approve the budget. The budget shall be revised and resubmitted to the parties until it is approved. Final action adopting an annual budget year shall be taken by the Board on or before November 30. The parties shall be obligated to pay the amount specified as their contribution in the budget unless that party has withdrawn pursuant to Article IX. Section 5. Except as authorized by law, no member of the Board or other public officer of the organization who is authorized to take part in any manner in the making of any sale, lease or contract may voluntarily have a personal financial interest in such transaction or personally benefit financially therefrom. A director may not be employed to perform or be compensated for the performance of services for the Agency. COWERS:3N227)9 RC160-4 9 •n •, , Section 6. The fiscal year of the Agency is the calendar year. ARTICLE IX. DURATION Section 1. The Agency shall continue from year to year unless the number of parties is less than three.. A party may withdraw from the Agency effective at the end of December 31 of any year by giving written notice of withdrawal no later than December 15 of such year. A withdrawing member shall be obligated to pay to the Agency, within 5 days after withdrawal, an amount equal to 25% of that party's annual contribution in the year in which notice of withdrawal is given; provided, however, that a party giving more than one year's notice of withdrawal shall not be obligated to make any contribution to the Agency after the effective date of such withdrawal. The withdrawing party shall continue to be a party to this Agreement until the effective date of such notice of withdrawal. The Agency may also be terminated by mutual agreement of all of the parties at any time. Section 2. If a party withdraws from the Agency before the termination of the Agency, the party has no claim to the assets of the Agency. If the Agency is terminated by mutual agreement of all of the parties to the Agreement, surplus monies of the Agency shall be returned to the parties in proportion to their respective contributions. If there have been no such contributions by such parties, surplus monies of the Agency shall, upon termination of the Agency, be returned to the parties in equal shares. ARTICLE X. EFFECTIVE DATE Section 1. This Agreement is effective on the date on which a fully executed copy of this Agreement, together with a certified CONVIRS:N22739 RC160-4 10 copy of a City Council resolution of each of the p a r t i e s authorizing its execution, is filed with the City Clerk of each city. This Agreement may be executed in any num b e r o f counterparts, each of which may be considered an original c o p y . IN WITNESS WHEREOF, the undersigned parties have caused t h i s Agreement to be signed by their duly authorized officers a s o f t h e date indicated after their respective executives. CITY OF BLOOMINGTON By Its Mayor DATED: By Its Manager CITY OF EDEN PRAIRIE By Its Mayor DATED: By Its Manager CITY OF EDINA By Its Mayor DATED: By Its Manager CCNVIM:CN22739 RC16C-4 11 CITY OF RICHFIELD By Its Mayor DATED: By Its Manager NVERS:ON221.39 PC160-4 12 ‘..1: I Golf Pointe CITY OF EDEN PRAIRIE HENNF,PIN COUNTY, MINNESOTA RESOLUTION NO. 91-227 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Associated Investments, Inc. for Golf Pointe requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 2.24 acres located south of Valley View Road, east of the abandoned Chicago Northwestern Railway. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 1991, Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk 4.'7% Golf Pointe CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 91-259 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GOLF POINTE FOR ASSOCIATED INVESTMENTS, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Golf Pointe for Associated Investments plans dated September 13, 1991 of consisting of 2.24 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 3rd day of December, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Franc, City Clerk 5TAFF REPORT TO: Planning Commission FROM: THROUGH: DATE: SUBJECT: APPLICANT/ FEE OWNER: Donald R. Uram, Planner Michael D. Franzen, Senior Planner October 4, 1991 Golf Pointe Associated Investments LOCATION: South of Valley View Road, east of the abandoned Northwestern Railway. REQUEST: 1. Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential on 2.24 acres. 2. Zoning District Change from Rural to R1-13.5 on 2.24 acres with variances. 3. Preliminary plat of 2.24 acres into five single family lots. Staff Report Golf Pointe IJACKGROUND This site is currently guided Medium Density Residential and approved for the construction of fifteen townhouse units known previously as Golf Pointe Townhomes. This project was reviewed in 1988 but was delayed pending the final resolution of the Chicago Northwestern Railroad, Graffiti Bridge, and the upgrading of Valley View Road. With the recent upgrading of Valley View Road, these issues have been resolved. Due to changing market conditions, the proponent is currently requesting a subdivision of the 2.24 acre site into five single family lots. SITE PLAN/PRELIMINARY PLAT The site plan depicts the subdivision of 2.24 acres into five single family lots at a density of 2.2 units per acre which is consistent with a Low Density Residential guide plan designation. Lot sizes range from a minimum of 13,500 square feet to a maximum of 40,000 square feet. All of the lots meet the minimum requirements in the R1-13.5 Zoning District with the exception of: 1. Lot frontage on a public street for Lot 5. 2. A zero lot line setback for two driveways along a common side property line to allow for shared driveways for Lots 1 and 2 and Lots 3 and 4. In the R1-13.5 Zoning District, 85 feet of frontage is required on a public street. The proposed plan depicts 33 feet for Lot 5. This plan provides for a more efficient lotting pattern and better building pad placement. Access to the lots will be provided directly from Valley View Road. Lots 1 and 2 and Lots 3 and 4 will share a driveway. A variance is required for each of the shared driveways because of the 0 lot line setback. The driveways shall be redesigned to include a turnaround so that cars will not be required to back out onto Valley View Road. The proponent is required to apply for and receive approval from the Board of Appeals and Adjustments for the necessary variances. GRADING/UTILITIES Elevations on this site range from a high point of 850 adjacent to Valley View Road to a low point of 832 in the southwest comer of the site. The entire site slopes toward the golf course. 2 ' 4 Staff Report Golf Pointe The proposed plans indicate filling below the 100 year flood el e v a t i o n w h i c h i s a t t h e 8 4 1 contour. Any fill within the 100 year flood plain must be reviewed, approved and a permit issued by the Watershed District. The plans indicate that the super st o r m f l o o d e l e v a t i o n o f 1 9 8 7 was 843.9. Staff recommends that the basement elevations of the p r o p o s e d h o m e s b e r a i s e d above this elevation to minimize the chance for flooding. A series of berms along Valley View Road for screening purpos e s . I n a d d i t i o n , t h e d e v e l o p e r may want to supplement the berms with landscaping to provide an a d d i t i o n a l b u f f e r . Water and sanitary sewer service are available to these homes throug h e x i s t i n g u t i l i t i e s i n V a l l e y View Road. PURGATORY CREEK MASTER PLAN Approximately 1/2 of this site is in the Purgatory Creek conservato r y a r e a , a n d t h e b a l a n c e o f t h e site is in the transition zone. The Director of Parks, Recreation a n d N a t u r a l R e s o u r c e s h a s indicated that the natural character of Purgatory Creek in thi s a r e a w a s c h a n g e d b y t h e construction of Edenvale Golf Course in the 1970's. Since no sig n i f i c a n t t r e e s e x i s t o n t h e s i t e and the land is covered with grass, the construction of five single f a m i l y h o m e s w i l l n o t h a v e a significant impact. STAFF RECOMMENDATIONS Staff recommends approval of the Comprehensive Guide Plan C h a n g e f r o m M e d i u m D e n s i t y Residential to Low Density Residential on 2.24 acres; Zoning Distr i c t C h a n g e f r o m R u r a l t o R 1 - 13.5 on 2.24 acres with variances; and Preliminary plat of 2.24 acr e s i n t o f i v e s i n g l e f a m i l y l o t s based on plans dated September 13, 1991, Staff Report dated Oct o b e r 4 , 1 9 9 1 , a n d s u b j e c t t o the following conditions: I. Prior to final plat approval, proponent shall: A. Provide detailed storm water runoff, erosion control, and utility pla n s f o r r e v i e w by the City Engineer. B. Provide detailed storm water runoff and erosion control plans for r e v i e w b y t h e Watershed District. Apply for and receive approval to fill with i n t h e 1 0 0 y e a r floodplain. 2 Staff Report Golf Pointe 2. Apply for and receive variances from the Board of Appeals and Adjustments for reduced lot frontage on a public street from 85 feet to 33 feet for Lot 5, and for zero lot line setback to driveway for Lots 1 and 2, and Lots 3 and 4 to allow for shared driveways. 3. Prior to building permit issuance, proponent shall submit information regarding future responsibilities for maintenance of shared driveways. 4 " APPROVED PLANNING COMMISSION MINUTES - OCTOBER 7. 1991 A. GOLF POINTE (91-24-Z-P) by Associated Investments, Inc. Request for Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential on 2.24 acres; Zoning District Change from Rural to R1-13.5 on 2.24 acres with variances to be reviewed by the Board of Appeals; Preliminary Plat of 2.24 acres into five single family lots to be known as Golf Pointe. Location: South of Valley View Road and east of the abandoned Chicago & Northwestern Railway. Tom Robertson, representing the proponent, stated that a previous proposal for 15 townhomes had been approved in 1988; however, the proponent did not proceed to 2nd Reading before the Council due to the Graffiti Bridge situation. Robertson believed that due to a change in the market townhomes would not sell at this time. Robertson presented the revised plan for five single family homes. Robertson noted that the grading for utilities would be approximately two feet above the 100 year storm mark. He further noted that potential buyers would be advised of possible water problems and if necessary the elevation of the property could be raised an additional foot. Franzen reported that Staff was comfortable with the Guide Plan change to low density. He noted that the proposal would be reviewed by the Board of Appeals and Adjustments related to lot frontage. Franzen believed that the plan was better with the variance for the lot frontage. Norman asked how half of this project had been approved in the conservancy area of Purgatory Creek. Franzen replied that when the golf course was built, the natural character of land adjacent to the creek. Since thereare no significant trees, five single family homes would not have a significant impact. Hallett asked how far the homes would be locate from the fairway. Robertson replied that the fairway was located approximately 20 feet from the property line. Hallett then asked who was responsible for liability for stray balls. Robertson replied that he had talked with the golf course and they did not see this as an issue. Hawkins asked if the liability issue had come up before. Robertson replied no. Hawkins asked if the City could be held responsible in any way for poor design. Hallett stated that he knew there were problems at Olympic Hills with property damage etc. and was surprised that this had not come up previously. Norman concurred that it was important to know that the City could not be held liable. Franzen replied that he would look into the liability issue prior to City Council review. Delavan Dye, 14405 Fairway Drive, President of the Fairway Drive Homeowners Association, stated that damage to adjacent properties was an issue. He noted that one home along Fairway Drive had had the sliding glass door replaced four times in the first year and finally a screen was installed. He added that owners had been hit off Hole 6. October 7, 1991 Planning Commission Page 2 Dye stated that the person hitting the ball was held responsible; the golf course was not responsible. Dye stated that during the flood of 1987 there was approximately water in his condo with damage of approximately $8,000.00. Dye was concerned the acreage of the pool area would be decreased. Dye stated that the association had requested a relief culvert for Mitchell Road. He added that the culvert under Valley View Road was bigger and believed there would be less storage above Valley View Road. Dye believed that the flood elevation could be even higher the next time and it was possible that another 1987 storm could take place at any time. Dye stated that he would like to see a report which showed if the runoff would go into the creek bed or if it would go into the storm sewer system. Dye questioned where the sanitary sewer system would be connected. Dye stated that two homes in the association had been flooded with sewage last week. Dye believed that the Valley View Road sanitary sewer system had been connected to the Fairway Drive sanitary sewer system. Dye stated that he did not object to having the five lots developed. Dye was concerned about the introduction of three more entrances to Valley View Road. Dye stated that he would like answers to his questions. Gordon Justus, 14451 Fairway Drive, Secretary of the Fairway Drive Homeowners Association, stated that he shared the same concerns related to water and sanitary sewer. Justus added that the railroad had been abandoned; however, if light rail were to develop the track would run along this property site. Justus was concerned that the property lines were so close to the golf course and the creek area. Justus asked what the elevation of the homes would be. Robertson replied that the townhomes had been approved for three stories. Justus was concerned that the elevations would not blend in with the existing neighborhood. Robertson replied that the elevations would be within City Code restrictions. Hawkins asked what had caused the proponent not to proceed with the project as approved back in 1988. Robertson replied that the Valley View Road situation had not been settled at that time and a bridge had been approved to go across Valley View Road. Robertson believed that light rail would be developed only as a last resort. The project had been put on hold until Valley View Road improvements had been completed and during that time the market changed. Robertson believed that the impact to the property would be significantly reduced by the new plan. Bauer asked what the soil conditions were in the area. Robertson stated that the soil was sandy clay. He added that Twin City Testing had reported that the original creek bed was southwest of the proposed site and the poor soil was further south of this area. Bauer asked what type of foundations would be used. Robertson replied that standard foundations would be fine in this area. Sandstad asked if the sanitary sewer connection would be adequate to handle the five additional homes. Bauer asked if it would the same line. • 0 Planning Commission October 7, 1991 Page 3 Norman stated that the plan had been previously approved. Hawkins believed that new information had been presented which could result in possible problems and should be reviewed further. Robertson stated that he was not aware of any new sanitary sewer connections since 1988. Franzen replied that he would need to discuss this issue with Engineer, Alan Gray. Bauer believed that it was important to get the additional information. Hallett asked if the golf course was going to move the T-box or not. Hallett questioned if with the bigger culvert there would be a quicker accumulation which would result in additional flooding. MOTION 1: Bauer moved, seconded by Hawkins to continue the public hearing to the October 28, 1991 Planning Commission meeting to obtain additional information related to sanitary sewer connections, water run off plans, and liability for golf balls. Bauer stated that he would like to see additional information regarding soil conditions. Robertson stated that many of the questions asked tonight were addressed by City Code. He added that these plans had been reviewed by the City's Engineering Department. Bauer stated that sometimes neighbors provide valuable information not know by Staff. Bauer stated that this project would be within the floodplain area and seriously questioned the soil conditions. Robertson replied that the tests had shown good soil for the project site. Motion carried 6-0-0. EDEN PRAIRIE PLANNING COMMISSION APPROVED MINUTES MONDAY, OCTOBER 28, 1991 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COMMISSION MEMBERS: Tim Bauer, Robert Hallett, James Hawkins, Katherine KardeII, Karen Norman, Charles Ruebling, Doug Sandstad. STAFF MEMBERS: Michael Franzen, Senior Planner; Deb Edlund, Recording Secretary ROLL CALL: Hallett, 'Carden, and Sandstad absent. I. APPROVAL OF AGENDA MOTION: Bauer moved, seconded by Norman to approve the Agenda as published. Motion carried 4-0-0. MEMBERS REPORTS m. IV. HI= DEVELOPMENT PROPOSAIS A. GOLF 'POINTE (91-24-Z-P) by Associated Investments, Inc. Request for Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential on 2.24 acres; Zoning District Change from Rural to RI-13.5 on 2.24 acres with variances to be reviewed by the Board of Appeals; Preliminary Plat of 2.24 acres into 5 single family lots to be known as Golf Pointe. Location: South of Valley View Road and east of the abandoned Chicago & Northwestern Railway. Franzen reported that this item had been continued due to concern raised at the last meeting regarding storm drainage and sanitary sewer connections. He noted there had been a question as to whether the culvert had increased in size and he reported that the culvert had remained the same size and the amount of water going into the culvert had remained the same. Another issue of concern had been the amount of fill going into the flood plain area. Franzen reported that the amount of fill would be insignificant and would not cause a problem. Franzen noted there would actually 2 sanitary sewer lines serving this area. This particular project would go into a 10 .* line which would run along the railroad tracks and ) Planning Commission October 28, 1991 Page 2 would not affect the Fairway Woods development. Franzen stated that the City Attorney Pauly had stated that the liability issue would be the responsibility of the homeowner. Hawkins noted that the homeowner being responsible was consistent with what the proponent had stated at the last meeting. Robert Larson, representing the golf course, stated a concern about potential water problems. He noted that the golf course had seen some stress in the last few days from the rain and questioned if this would increase with further development in the area and what he could look forward to in the future. Larson questioned the need for berming on the Valley View Road side of the project and added that he would like to see the berms on the golf course side. He did not believe the berm would have any benefit on the north side of the project. Larson noted that the golfer was liable; however, they were sometimes hard to pin down. He added that the golf course was not liable. Larson was concerned about the amount of asphalt in the area and where the water would be coming from and where it would be going to. He noted that he did not have a problem with the project, but he didn't want further water problems. Tom Robertson, representing the proponent, stated that this project had been approved in 1988 for a more intense use. He noted the homes would be set much further back from the golf course than the original proposal and the overall affects of development would be less than the original. Robertson stated that the berming had been planned to stay with the natural lay of the land. Larson stated that he was pleased to see 5 homes in lieu of 15. He said that the golf course had done extensive reconstruction to handle the water more effectively and was concerned about this development and future developments affecting that reconstruction. Norman stated that she believed that Larson's issues were more with the City itself than with this particular development. Larson stated that he wanted to see the water stay on the course. He added that the present system could handle up to 4" of rain without any problems. Planning Commission October 28, 1991 Page 3 Franzen stated that he would have to contact the City Engineering Department for answers to what if anything was done during the road construction that would affect water run-off. Larson noted that the liability issue had been turned over to the golfer. Norman believed that homeowners on adjacent to a golf course were aware of potential problems. Larson added that since the golf course had gone private there had been fewer problems. Bauer believed that whenever the soil conditions were known to be bad better information on the integrity of the structure should be required. Ruebling asked if Bauer wanted to see soil tests. Ruebling believed that this information was required at building permit time. Robertson stated this area had been created by glacier pushes. He noted that the Building Inspection Department required special requirements. Franzen noted that the City did have information about the soils for Valley View Road, which was adjacent to this site. • Robertson stated that the original creek bed was further south of this development. Robertson noted that the cost between block and poured foundations was insignificant and was not a factor in determining which would be used. Bauer stated that he did not believe that special test should be done on every site, only those where soils were known to be in question. Larson stated that the area at the west end of the property was questionable: however, the site where the construction would take place had always been dry. Hawkins asked what type of care would be taken during development to assure the restriction of silt deposits in the creek area. Franzen replied that the Watershed District had very strict requirements which had to be adhered to by the developer. Planning Commission October 28, 1991 Page 4 MOTION 11 Hawkins move, seconded by Bauer to close the public h e a r i n g . M o t i o n carried 4-0-0. MOTION 2: Hawkins moved, seconded by Bauer to recommend to t h e C i t y C o u n c i l approval of the request of Associated Investm e n t s , I n c . , f o r Comprehensive Guide Plan Change from Medium Densit y R e s i d e n t i a l t o Low Density Residential on 2.24 acres for developmen t o f f i v e s i n g l e family lots to be known as Golf Pointe, based on plans d a t e d S e p t e m b e r 13, 1991, subject to the recommendations of the Staff R e p o r t s d a t e d October 4, and 25, 1991. Motion carried 4-0-0. MOTION 3: Hawkins moved, seconded by Bauer to recommend to t h e C i t y C o u n c i l approval of the request of Associated Investments, I n c . , f o r Z o n i n g District Change from Rural to R1-13.5 on 2.24 acres, w i t h v a r i a n c e s t o be reviewed by the Board of Appeals, to be develop e d a s f i v e s i n g l e family lots and known as Golf Pointe, based on plans dat e d S e p t e m b e r 1 3 , 1991, subject to the recommendations of the Staff Repor t s d a t e d O c t o b e r 4, and 25, 1991. Motion carried 4-0-0. MOTION 4: Hawkins moved, seconded by Bauer to recommend to t h e C i t y C o u n c i l approval of the request of Associated Investments, Inc., f o r P r e l i m i n a r y Plat of 2.24 acres into five single family lots to be know n a s G o l f P o i n t e , based on plans dated September 13, 1991, subject to the r e c o m m e n d a t i o n s of the Staff Reports dated October 4, and 25, 1991. Motio n c a r r i e d 4 - 0 - 0 . B. TACO BELL,(91-27-SPR) By Taco Bell Corporation. Request for Site Plan Review within the C-Reg-Ser Dis t r i c t o n 0 . 5 6 a c r e , with variances to be reviewed by the Board of Appeals , f o r c o n s t r u c t i o n of a restaurant. Location: West of Joiner Way, East o f H i g h w a y # 1 6 9 , north of Prairie Center Drive. (A public hearing) Planning Commission October 28, 1991 Page 5 Franzen reported that the developer had requested a continuance to the November 25, 1991 Planning Commission meeting. MOTION 1: Bauer moved, seconded by Norman to continue this item to the November 25, 1991 Planning Commission meeting. Motion carried 4-0-0. V. OLD BUSINESS VI. PLANNER'S REPORTS A. Trash Enclosure Discussion Franzen reported that this issue had come about as the result of a continuing problem with Ciatti's trash area. Ciatti's had constructed the trash area as per City Code requirements; however, the trash was more than the containers could handle. The City Council had directed Staff to investigate what type of trash containers and areas would work. Staff contacted some of the trash haulers and discovered that part of the problem was that the containers were inaccessible. Franzen stated that the ordinance suggested ways to develop the locations and sizes to work better for everyone. Staff had contacted trash haulers, tenants, and project owners. The exact language of the ordinance would need to be developed by City Attorney Pauly. Hawkins recommended that the wording be changed to reflect both trash and recycling enclosures and that mandatory recycling space be provided. Franzen stated that many of the tenants had said that they would recycle if required. Franzen noted that some variances might be necessary for the older projects for setback or parking for the expansion of the trash enclosure areas. Norman believed that Staff had done a commendable job on this project. She added that it was evident that Staff had done a lot of research. Planning Commission October 28, 1991 Page 6 Bauer believed that it was a good idea to put this in an ordinance form. Hawkins concurred with the concept of the ordinance, but questioned who would actually write it. Franzen replied that Staff would write a draft form which would be reviewed by the City Attorney. Ruebling believed that recycling issues would increase the need for an ordinance. MOTION: Bauer moved, seconded by Norman to recommend concept approval of the Trash Enclosure memo. Motion carried 4-0-0. B. Public Hearine Notice Discussion Franzen reported that Staff had tried to develop a notice which was easy to read and to explain exactly what takes place at the meetings. Bauer stated that he was amazed that this had not been done before and added that the maps needed to be improved. He said that sometimes it was difficult for him to determine exactly where the development was located. Franzen replied that Staff had looked at putting a small map on the front and a larger one on the back of the notice. Bauer recommended that the sites themselves should be marked. Norman believed that it was important for residents to understand the different responsibilities of the various commission and the development process itself. Franzen replied that Staff could develop a one page attachment to explain these items to be included with each notice. Bauer concurred with that recommendation. Ruebling recommended that short definitions be included for important terms so that the residents had a better understanding. Planning Commission October 28, 1991 Page 7 VII. ADMIRMEta MOTIONz Norman moved, seconded by Bauer to adjourn the meeting at 8:45 PM. Motion carried 4-0-0. Rice Marsh Lake PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 91-245 A RESOLUTION APPROVING THE RICE M A R S H L A K E P U D PLANNED UNIT DEVELOPMENT CONCEPT A M E N D M E N T TO THE OVERALL SCHROERS PLANNED U N I T DEVELOPMENT • WHEREAS, the City of Eden Prairie has by vi r t u e o f C i t y C o d e p r o v i d e d for the Planned Unit Development (PUD) of certain areas l o c a t e d w i t h i n t h e C i t y ; a n d , WHEREAS, the Rice Marsh Lake PUD developme n t i s c o n s i d e r e d a p r o p e r a m e n d m e n t to the overall Schroers Planned Unit Development C o n c e p t ; a n d , WHEREAS, the City Planning Commission did co n d u c t a p u b l i c h e a r i n g o n t h e r e q u e s t of The Pemtom Company for PUD Concept Am e n d m e n t a p p r o v a l t o t h e o v e r a l l S c h r o e r s Planned Unit Development Concept for the Rice Marsh Lake PUD development and recommended approval of the PUD Concept Ame n d m e n t t o t h e C i t y C o u n c i l ; a n d , WHEREAS, the City Council did consider the re q u e s t o n D e c e m b e r 3 , 1 9 9 1 ; NOW, THEREFORE, BE IT RESOLVED, b y t h e C i t y C o u n c i l o f E d e n P r a i r i e , Minnesota, as follows: I. The Rice Marsh Lake PUD development PUD Co n c e p t A m e n d m e n t , b e i n g i n Hennepin County, Minnesota, and legally describe d a s o u t l i n e d i n E x h i b i t A , i s attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept A m e n d m e n t a p p r o v a l t o t h e overall Rice Marsh Lake Planned Unit Developme n t C o n c e p t a s o u t l i n e d i n t h e application materials for The Pemtom Company. 3. That the PUD Concept Amendment meets the rec o m m e n d a t i o n s o f t h e P l a n n i n g Commission dated November 4, 1991. ADOPTED by the City Council of Eden Prairie this 3rd day o f D e c e m b e r , 1 9 9 1 . Douglas B. Tenpas, Mayor ATTEST: John D. Franc, City Clerk Rice Marsh Lake PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 91-246 RESOLUTION APPROVING THE PRELIMINARY PLAT OF RICE MARSH LAKE PUD FOR THE PEMTOM COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Rice Marsh Lake PUD for The Pemtom Company dated November 27, 1991, consisting of 129.8 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 3rd day of December, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk MEMORANDUM TO: Mayor and City Council THROUGH: Chris Enger, Director of Planning FROM: Donald R. Uram, Planner DATE: November 27, 1991 SUBJECT: Rice Lake PUD Tree Loss In the Staff Report dated November 1, 1991, a tree loss of 1,772 caliper inches or 52% was calculated. The majority of the tree loss was occurring in the southeast corner of the site where 11 lots were proposed. The remainder of the project site had minimal tree loss. Further review of the information indicated that the tree loss on the original plan was 2,098 caliper inches or 61%. The Planning Commission's recommendation for approval of the Rice Lake Pill) was based on an overall tree loss of 46%. In order to reduce the amount of tree loss from 61% to the Planning Commission's recommendation of 46%, an additional 510 caliper inches of trees must be saved. To accomplish this, significant changes have been made to plan in the southeast corner of the site. The developer is proposing a reduction in the number of lots from 11 to 8, a building pad depth of 65 feet (70 feet is recommended by Staff in areas with significant natural site features), a front yard setback waiver from 30 feet to 25 feet for the 8 lots in this area and a side yard setback waiver from a total of 25 feet to 20 feet. The Planning Commission recommended a front yard setback waiver from 30 feet to 25 feet for the lots around the cul-de-sac at the November 4 meeting. By making these changes, the developer has been able to reduce the amount of tree loss from 2098 caliper inches (61%) to 1610 caliper inches (46%). MEMORML.DRU:bs STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Planner THROUGH: Chris Enger, Director of Planning DATE: November 1, 1991 PROJECT: Rice Lake PUD LOCATION: North of Rice Marsh Lake, just east of the Chanhassen/Eden Prairie city limits. APPLICANT: The Pemtom Co. FEE OWNER: George Schroers REQUEST: 1. Planned Unit Development Concept Review on 129.8 acres. 2. Planned Unit Development District Review on 129.8 acres with waivers. 3. Zoning District Change from Rural, R1-9.5 and R1-13.5 to R1-9.5 on 24.8 acres and to RI-13.5 on 105 acres. 4. Preliminary Plat of 129.8 acres into 204 sing. • family lots, 3 outlots, and road right-of-way. IVY Jii 1 e • 4:::` 'AREA LOCATION MAP • BACKGROUND This property is currently designated on the Eden Prairie Comprehensive Guide Plan for development as Low Density Residential and Public Open Space. Approximately 28.6 acres of the 129.8 acre site is within or adjacent to Rice Marsh Lake and will be dedicated to the City for preservation. The Planning Commission reviewed and approved a previous proposal called the Schroers PUD on this site in 1989. That proposal included 86, R1-9.5 lots and 134, R1-13.5 lots. The current proposal depicts 60, R1-9.5 lots and 144, R1-13.5 lots. COMPREHENSIVE GUIDE PLAN/MUSA LINE In 1989, the City of Eden Prairie and the Metropolitan Council added approximately 30 acres of this site to the M.U.S.A. with the approval of the Schroers P.U.D. In 1990, the City submitted and received approval for a 317 acre M.U.S.A. line expansion which included the remainder of the Schroers property. In summary, Eden Prairie's M.U.S.A. line expansion was reviewed and approved according to the following schedule: 1. Eden Prairie Planning Commission - September 24, 1990 2. Eden Prairie City Council - October 16, 1990 3. Metropolitan Council (Referral Report 91-23) - April 11, 1991 On April 16, the City received a letter confirming the Metropolitan Council approval of April 11 subject to certain recommendations. Prior to receiving final City Council approval, a letter dated June 26 was received from the Metropolitan Council requesting that the City delay acting on the M.U.S.A. expansion until certain water quality issues were addressed as part of the Dell Road E.A.W. These issues are: a. Evaluate the impact of increased phosphorus loading on Lakes Riley and Mitchell. b. Identify the location of detention ponds and evaluate their effectiveness in removing phosphorus. c. Indicate how the functional value of the filled wetlands will be replaced. d. Classify Dell Road as a minor arterial north and south of new TH 212. A meeting was held on October 7 with Marcel Jouseau and Jim Larsen from the Natural Resources Division of the Metropolitan Council and City Staff to clarify these issues. As a result of this meeting, the City and Strgar-Roscoe-Fausch, Inc. (SRF), the City's consulting engineer, will evaluate each question fully as part of the Dell Road final design. The final approval of the 317 acre M.U.S.A. line expansion is scheduled for the November 5 City Council meeting. S.W. EDEN PRAIRIE DEVELOPMENT PHASING STUDY The Rice Lake PUD is located adjacent to area 1A. The planned major development constraints and parameters for area IA as stated in the 1989 Schroers P.U.D. Staff Report included the following: 1. No more than 100 lots each be permitted in areas IA and 1B prior to completion of currently programmed improvements to County Road #4 and C.S.A.H. #5 intersection. 2. The extension of water main along C.S.A.H. #5 and north on Dell Road to existing trunk water main from water tower should be prerequisite to any development in area IA west of Mitchell Lake. 3. The improvement of the Dell Road/C.S.A.H. #5 intersection should be prerequisite to any grading and construction in that part of area IA west of Mitchell Lake. 4. A road connection between Dell Road and County Road #4 is necessary when a maximum of 250 units have been constructed west of Mitchell Lake. Items 1 - 3 have been completed or are near completion and are no longer considered development constraints in S.W. Eden Prairie. Item 4 is no longer a development constraint because: 1. No units have been constructed west of Mitchell Lake. 2. The intersection capacity of Dell Road and C.S.A.H #5 is 15,000 vehicles per day which translates to 1,500 homes. 3. An alternative access is available through Chanhassen. Pun CONCEPT/PHASE DEVELOPMENT The Rice Lake PUD contains 129.8 acres located west of Dell Road and north of Rice Marsh Lake. The current proposal is for a 4-phase development of 204 lots at a gross density of 1.57 units per acre. This is a reduction from the previous proposal of 16 lots. Outlots A and C, totaling 33.6 acres will be dedicated to the City. The zoning district breakdown is as follows: ZONING LOTS ACRES DENSITY RI- 9.5 60 24.8 2.42 RI-13.5 144 105 1.37 Lot sizes within the subdivision range from a minimum of 9,800 square feet to a maximum of 33,000 square feet. Average lot size in the R1-9.5 zoning district is 14,600 square feet and in the R1-13.5 zoning district, 17,900 square feet. A Phase I development of 61 single family lots is proposed which includes 21 lots zoned R1-9.5 and 35 lots zoned RI-13.5. RI-9.5 ZONING DISTRICT The Rice Lake PUD proposes a total of 60 lots zoned R1-9.5 on 24.8 acres. The R1-9.5 Zoning District was originally intended to provide affordable starter housing for future residents. However, this zoning district has allowed the developers the opportunity to provide large, expensive homes on small lots thereby defeating the original intent. The Planning Commission should decide whether the R1-9.5 Zoning District is still appropriate for use in providing affordable housing. In response to this concern, the proponent has reduced the number of R1-9.5 lots from 86 on the previous proposal to 60. They have also decreased the amount of acreage from 31.1 acres to 24.8 acres for a reduction of 6.3 acres. The overall gross density of the RI-9.5 Zoning District has also been reduced from 2.77 units per acre to 2.42 units per acre. The average lot size is 14,600 square feet and range from a minimum of 9,800 square feet to a maximum of 23,800 square feet. The price of homes will range from S120,00 to $180,000. This is comparable to the price of other homes in the R1-9.5 zoning district. ACCESS/CIRCULATION Development of this property requires extension of Dell Road south of C.S.A.H. 5. The final design for Dell Road is currently underway. Because of intersection spacing and median location, the center access point to Dell Road can only be a right-in, right out. Prior to Council review, the plans shall be revised to reflect this change. The overall street system is designed to provide a hierarchy of streets within the subdivision. This is accomplished by providing a 60 foot right-of-way and a 32 foot pavement wit -1 th for the main streets and reducing the right-of-way and pavement widths for the cul-de-sacs to 50 and 2S feet, respectively. $HORELAND ORDINANCE Rice Marsh Lake is designated as a Natural Environment water, and requires the following for lots abutting with public sewer and water: 1. Minimum Lot Size - 40,000 square feet 2. Minimum Lot Width at Building Line - 150 feet 3. Minimum Width at Ordinary High Water Mark - 150 feet 4. Minimum Setback from Ordinary High Water Mark - 150 feet Lots 3-17, Block 5 and lots 2-6, Block 8 are classified as abutting lots and are subject to the shoreland ordinance. The following variances have been identified: 1. All of the lots do not meet the lot size requirement (The lots average 22,269 square feet). 2. The majority of the lots (14) do not meet the lot width at building line requirement. These variances are necessary due to the dedication of approximately 28.6 acres adjacent to the O.H.W. mark which allows the City control over what occurs adjacent Rice Marsh Lake. The Planning Commission may consider the dedication of the 28.6 acre outlot as substantiation for future variances. These variances will be required when the iots are final platted. GRADING/TREE LOSS Elevations on this site range from a high point of 953 within the northwest corner of the site to a low elevation of approximately 877 adjacent Rice Marsh Lake. The property is gently rolling with the primary slopes toward Rice Marsh Lake. With the exception of the outlot areas, the entire project site will be graded with complete development. The current proposal is to grade Phase I only which is adjacent to Dell Road. Existing elevations in Phase I includes a high point of approximately 931 in the center of the project to a low point of 880 adjacent to the pond. The entire Phase I area will be graded with maximum cut and fill amounts including approximately 21 feet of cut and various amounts of fill ranging from approximately 2 to 10 feet. Drainage and utility easements will be required over all ponding areas. A tree inventory has been submitted which indicates a total of 3,408 caliper inches of significant trees on-site. Based on the proposed grading plan, overall tree loss is calculated at 1,772 caliper inches or 52%. Required tree replacement is 1,226 caliper inches. When tree loss exceeds 35%, the City typically recommends revisions to the plans. In this specific case, physical constraints such as the wetlands, the concentration of trees and the road location limit the alternatives. One alternative is to reduce the front yard setbacks in the wooded area from 30 to 25 feet. With a reduced front yard setback and by individually grading each lot, the potential exists for saving an additional 200 caliper inches. This would reduce the overall tree loss to 46% which has been acceptable for previous developments with similar characteristics. TRANSITION There are approximately 10 lots along the north property line that abut the industrial park within the City of Chanhassen that require some type buffering. This transition is accomplished primarily by landscaping. In addition, the City of Chanhassen requires a 100 foot landscape buffer plus an additional 50 foot setback to building and parking for a total of 150 feet. Homes within this area would be located approximately 175 feet from any development. The transition to the six lots which abut Dell Road is also accomplished primarily by landscaping. Development on these lots would be approximately 25 feet from Dell Road. To help buffer these areas, staff recommends that berming be implemented where possible. A detailed berming and landscaping plan shall be submited prior to Council review. A landscape/tree replacement plan has been submitted which depicts 667 caliper inches of deciduous trees and approximately 776 caliper inches of evergreen trees to be planted within the project. The trees range in size from 8 to 14 feet in height for the conifers and 3 inches in diameter for the deciduous. The majority of the large conifers will be planted adjacent to Dell Road and the industrial park to the north for screening purposes. UTILITIES Sanitary sewer, water and storm sewer service is available to the site. Proposed sanitary sewer will be looped through the project with a connection made to the existing Lake Ann interceptor. The Dell Road plans indicate a water main that will be extended from C.A.S.H. 5 along the entire lenght of Dell Road southward. This water main would serve Phase I and be installed with the construction of Dell Road. Storm water run-off is proposed to be collected throughout the project site within ponding areas with ultimate discharge into Rice Marsh Lake. All ponding areas will be designed to meet N.U.R.P. standards. Detailed storm water run-off, utility, and erosion control plans for the entire project must be submitted for review by the City Engineer and Watershed District. ARCHITECTURAL DIVERSITY PLAN In all R1-9.5 zoned areas, an architectural diversity plan is required. This plan keeps specific unit types to each lot so that no two units would be alike side by side, opposite, or diagonally across from each other. Prior to Council review, an architectural diversity plan shall be submitted. PEDESTRIAN SYSTEMS/OPEN SPACE The Parks, Recreation, and Natural Resources Department has recommended that sidewalks be included on all streets within the subdivision with the exception of the cal-dc-sacs. Connections will be made to a 5-foot concrete sidewalk and an 8-foot bituminous trail which will be constructed along Dell Road. An easement is required within the property along the west side of Dell Road for the sidewalk. This is caused by the offset of Dell Road to save trees on the east side. STAFF RECOMMENDATIONS If the Planning Commission feels that the proposal is acceptable, the appropriate action is to recommend approval of the request by the Pemtom Company for a Planned Unit Development Concept Review on 129.8 acres, Planned Unit Development District Review on 129.8 acres with waivers, Zoning District Change from Rural, R1-9.5 and R1-13.5 to R1-9.5 on 24.8 acres and to R1-13.5 on 105 acres, Preliminary Plat of 129.8 acres into 204 single family lots, 3 outlots, and road right-of-way, based upon plans dated October 28, 1991, and subject to recommendations of the Staff Report dated November 1, 1991, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Provide an architectural diversity plan for the R1-9.5 lots. B. Submit documentation from the Dept. of Natural Resources and the Army Corps of Engineers that the project meets their requirements. C. Revise the plans to reflect a right-in, right-out only for the center access point to Dell Road. D. Submit a detailed transition plan for berming and landscaping along Dell Road and the Chanhassen industrial park. 2. Prior to Final Plat approval, proponent shall: A. Provide detailed storm water run-off and erosion control plans for review by the Watershed District. B. Provide detailed storm water run-off, utility and erosion control plans for review by the City Engineer. 3. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. Stake the construction limits within the wooded area with a snow fence. C. Submit a 1" = 50' grading plan for each phase ensuring that the plans are consistent with City Code and the approved grading plan. D. Submit a 1" = 50' grading plan for the wooded area which reflects 70 building pads and a 25 foot front yard setback. Individual lot grading will be required to comply with this plan. 4. Prior to Building permit issuance, proponent shall: A. Pay the appropriate cash park fee. B. Insure compliance with the architectural control policy. 5. A special assesment agreement for Dell Road is required. 6. Provide an easement for the sidewalk along the west side of Dell Road. STATE OF HMESO7Q DEPARTMENT OF NATURAL RESOURCES DNR METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55A6/6 10 PHONE NO. 772-7910 November 15, 1991 Mr. Chris Enger City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: RICE LAKE PUD, RICE MARSH LAKE (10-1W) AND WETLAND 27-973W, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Enger: We have reviewed documents (received October 15, 1991 and October 28, 1991 from James R. Hill, Inc.) regarding the above-referenced project (S. 18, T. 116N, R. 22W) and have the following comments to offer: 1. The ordinary high water (OHW) elevation of 877.0' for Rice Marsh Lake (10-1W) and the OHW estimate of 879.0' for wetland 27-973W (outlot B) are correctly depicted on the plans. It would be beneficial to identify wetland 27-973W as such on all future plans so that it is clear that the basin is under the DNR's jurisdiction. 2. A DNR protected waters permit will be required for the proposed culvert between wetland 27-973W and Rice Marsh Lake. Based on an updated topographic survey in the area between the wetland and Rice Marsh Lake, it appears that it may be possible to fit a road in above the OHW elevations of the wetland and Rice Marsh Lake if a retaining wall is used on the wetland 27-973W side of the road. If any filling or structure (i.e. retaining wall) is proposed below the OHW of either basin, a DNR protected waters permit would be required. The developer's consultants have been advised that it is best to keep the proposed road out of DNR jurisdiction as there is no guarantee that a DNR permit would be issued for roadway encroachment. In addition, although the city of Eden Prairie has not yet adopted the updated state shoreland management guidelines, every effort should be made to meet the standards for road construction in the shoreland district, i.e. setback from lake, maintain natural vegetation buffer, and minimize erosion to public waters. 3. Great improvements have been made (relative to earlier versions reviewed by DNR) in the overall project's stormwater management design. We understand that the intent is to AN EQUAL OPPORTUNITY EMPLOYER Mr. Chris Enger (Rice Lake PUD) November 15, 1991 Page Two stormwater management be used to help minimize the detrimental impacts of the relatively high density of development on a lake classified as "natural development" for shoreland management purposes. I will defer detailed review of the adequacy of the stormwater management design to the city and watershed district, but strongly support the concept of incorporating the "NURP" ponds. We also strongly recommend that a maintenance agreement for the stormwater system is worked out between the developer, the city and the watershed district. The agreement should spell out responsible parties, timing for maintenance, standards, etc. In some other watershed districts the developer is made responsible for the ponds during construction, as part of the overall erosion/sediment control, but turns maintenance responsibility over to the city once all the construction is complete (in accordance with a written agreement). 4. There should be some type of easement, covenant or deed restriction for the properties adjacent to the wetland areas. This would help to ensure that property owners are aware that the DNR and Corps of Engineers have jurisdiction over the areas and that the wetlands cannot be altered without appropriate permits. We recognize that a public-owned strip will be retained (as outlot A) along Rice Marsh Lake; however, past experience has shown that private landowners tend to treat these strips as their own property. Therefore, some mechanism is needed to ensure that the outlot restrictions are pointed out to prospective buyers. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have questions. Sincerely, C__<;„_9 jr Ceil Strauss Area Hydrologist cc: Mike Black, James R. Hill, Inc. Bob Obermeyer, Riley-Purg-Bluff WsD Joe Yanta, USCOE Wayne Barstad, Eco Services Rice Lake Marsh (10-1W) file Eden Prairie shoreland file t Riley-Purgatory-Bluff Creek Watershed District Engineering Advisor: Barr Engineering Co. 7803 Glenroy Road Minneapolis, MN 55435 830-0555 Legal Advisor: Popham. Haik. Schnobrich & Kaufman 3300 Piper Jaffrey Tower Minneapolis. MN 55402 333-4800 November 4, 1991 Mr. Chris Enger City Planner City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley - Purgatory - Bluff Creek Watershed District have reviewed the preliminary plans as submitted to the District for the Rice Lake PUD in Eden Prairie. The following policies and criteria of the District are applicable for this project: 1. In accordance with Section E(2) of the District's revised rules ana regulations, a grading and land alteration permit from the District is required. A detailed grading plan showing both existing and proposed contours must be submitted to the District for review. Because of the size of the proposed development, the District will require that grading operations be phased to minimize the area disturbed at any one time. 2. A detailed erosion control plan outlining procedures to control sedimentation from leaving areas altered on the site must be submitted to the District for review and approval. 3. A stormwater management plan for the project must be submitted for review and approval. The preliminary plans indicate that several stormwater detention/water quality basins are to be constructed throughout the development site. Homes to be constructed adjacent to this basins must have basement floor elevations established at a minimum elevation that is two feet above the calculated 100 year frequency flood elevation of the basin. The basins that are being constructed for water quality treatment must be designed to have sufficient surface settling area and dead storage volume for a 100 micron particle size conveyed in a 10-year 1/2 hour frequency storm event to settle out or to meet NURP criteria. 4. Because of the sensitivity of the area adjacent to Rice Marsh Lake, the District will likely require a performance bond or letter of credit for grading operations in this area. This letter of credit or performance bond would enable the District to install additional erosion control measures, should it become necessary and/or restore areas that have been disturbed, should it become necessary. ;;;I, Mr. Chris Enger November 4, 1991 Page 2 Thank you for the opportunity to review and comment on this development at an early date. If you have any questions or request additional information, please give me a call at 832-2600. erely . Obermeyer arr gineering Conga Engineers for the Diet iCt RCO/lah c: Mr. Ray Haik Mr. Fritz Rehr DEPARTMENT OF THE ARMY ST PAUL DISTRICT. CORPS OF ENGINEERS .21 U S POST OFFICE S. CUSTOM DOUSE ST PAUL. MINNESOTA SSIO ,NITS INEKV ,0 ARMMNW Construction-Operations Regulatory (92-00882N-12) October 31, 1991 Ms. Linda Fisher Larkin, Hoffman, Daly and Lindgren, Ltd. 1500 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 SUBJECT: Schroers Farm - Rice Lake PUD We have reviewed the information provided us about this project. It appears the project will impact wetlands at several locations on the 130 acre site. These impacts include the placement of fill for a roadway in the southeast portion of the site; fill to create residential lots in the southwest, and grading within wetlands in the north and east during the creation of several ponding areas. We have determined these impacts are authorized by existing nationwide Department of the Army permits, found at 33 CFR 330.5 (a) 14 and (a) 26. Although we have determined that the impacts appear to be within the scope of the nationwide permit, we have the following comment. It appears that the grading and shaping of Pond 4 in the southeast could encroach into the wetland fringe around State Protected Water 973W. Consideration should be given to moving this pond further to the north into the wooded slope. It appears this could be done without requiring the removal of any residential lots. This determination covers only the project referenced above, which is located in section 18, T116N, R22W, Hennepin County, Minnesota. Also, this determination is based on the Preliminary Ponding and Drainage Plan dated 28 October, 1991, submitted with your October 28, 1991, letter. If the design, location, or purpose of the work is changed such that additional wetland impacLs would occur, you should contact us to make sure the work would not result in a violation of Federal law. It is your responsibility to ensure that the work complies with the terms of this letter and any enclosures. IT IS YOUR RESPONSIBILITY TO OBTAIN ALL REQUIRED STATE PERMITS AND APPROVALS BEFORE YOU PROCEED WITH THE PROJECT. This confirmation will be valid until the nationwide permit within the regulation is modified, reissued, or revoked. All of the nationwide permits are scheduled to be modified, reissued, or revoked prior to January 1992. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Also, 4 EDEN PRAIRIE PLANNING COMMISSION APPROVED MINUTES MONDAY, NOVEMBER 4, 1991 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COMMISSION MEMBERS: Tim Bauer, Robert Hallett, James Hawkins, Katherine Kardell, Karen Norman, Charles Ruebling, Doug Sandstad. STAFF MEMBERS: Don Uram, Planner; Deb Edlund, Recording Secretary ROLL CALL: Hallett and Hawkins absent. I. APPROVAL OF AGENDA MOTION: Bauer moved, seconded by Kardell to approve the Agenda as published. Motion carried 4-0-0. MEMBERS REPORTS MMLUS MOTION: Bauer moved, seconded by Kardell to approve the Minutes of the October 7, 1991 Planning Commission meeting as published. Motion carried 4-0-0. IV. DEVELOPMENT PROPOSALS A. RICE MARSH LAKE PUD (9I-28-Z-P-PUD) by The Pemtom Company for a Planned Unit Development Concept Review on 129.8 acres, Planned Unit Development District Review on 129.8 acres with waivers, Zoning District Change from Rural, R1-9.5 and RI- 13.5 to R1-9.5 on 24.8 acres and to R1-13.5 on 105 acres, and Preliminary Platting of 129.8 acres into 204 single family lots, 3 outlots, and road right-of-way for construction of a residential development to be known as Rice Marsh Lake P.U.D. Location: North of Rice Marsh lake, just east of the Chanhassen/Eden Prairie city limits. Ruebling arrived at 7:35 PM. Uratn reported that this project had first been looked at as early as 1987 and was approved by the Planning Commission in 1989 as the Sehroers Development. Uram noted that Al Gray from the City Engineering Department was present to answer any engineering questions. Planning Commission November 4, 1991 Page 2 Dan Herbst, representing the proponent, introduced Mike Black, Ed Hasick, and members of the Schroers family, which were all available to answer questions related to the project. Herbst stated that the slate was being wiped clean related to the Schroers Development approved in 1989 and a fresh louk had teen taken of the site. He noted that the site had been agricultural for over 45 years and the topography of the land had played an important part in the layout of the proposal. Herbst reported that the project had recently been renamed "Windfield" and there would be three separate developments; Windfield North, Windfield Meadow, and Windfield on the Lake. Herbst noted that recently storm water runoff had become an equally important issue as saving trees and, therefore, 8 N.U.R.P. ponds would be developed on the property. The entrance to Windfield North would have a special monument sign. Herbst added that there would be two additional entrances to the project. Herbst believed the eight N.U.R.P. ponds and the lake would enhance the property. This development would help complete the Eden Prairie trail system by making a connection to Miller Park and a connection from the Chanhassen Park along Rice Marsh Lake. Herbst stated that 33 acres would be deeded to the City for open space. Herbst noted that the proponent had proceeded to the DNR and the Watershed District with the proposal and had favorable feedback. Lundgren Brothers would be the builder for the Windfield North and Windfield Meadow projects and the 49 lots for Windfield on the Lakes would be constructed by custom home builders. Uram asked Herbst to address the phasing of the project and zoning. Mike Black, representing the proponent, replied that R1-9.5 zoning was proposed for approximately 25 acres and the balance of the property would be zoned R1-13.5. The lots in the RI-9.5 zone would be approximately 14,600 square feet and the lots in the R1-13.5 zoning approximately 17,000 square feet. He noted that the Natural Environment Class required 40,000 square foot lots and 150 foot width and setback from the Ordinary High Water Mark. Black stated that the lots would be within the 150 foot setback from the water mark; but the proponent was requesting smaller than 40,000 square foot lots and a width of approximately 100 feet. Black said that the rationale was that the City would benefit from the dedication of the public land along the lakeshore and, therefore, would not have individual homeowners making special variance requests. Black also noted that the building pads would be larger and wider to accommodate the larger home construction for the lake shore lots. Black stated that there were a total of 204 lots proposed for 129 acres with a density of approximately 1.5 units per acre. Kardell asked Black to address the phasing of the project. Black replied that the project would develop from east to west with the 1st Phase of 56 homes being developed along Dell Road. He added that Phase 2 would contain 59 homes, Phase 3 64 homes in the Planning Commission inber 4, 1991 Page 3 center portion of the project, and Phase 4 would have 25 pr e m i u m l o t s . Sandstad asked if detailed landscaping plans had been dev e l o p e d a t t h i s t i m e a l o n g t h e Chanhassen border. Ed Hasick, representing the proponent, r e p o r t e d t h a t a p p r o x i m a t e l y 860 caliper inches of tree loss was expected and the prop o n e n t w o u l d b e r e p l a c i n g approximately 1467 inches, which was above the 1220 inc h e s r e q u i r e d b y C i t y C o d e . He added approximately 30% of the screening would b e a l o n g D e l l R o a d a n d t h e Chanhassen border. Hasick stated that there would also be i n t e n s i f i e d p l a n t i n g s a l o n g t h e ponds and entrances. He added that extra screening had b e e n p l a n n e d f o r a r e a s w i t h potential headlight problems. Sandstad asked if there woul d b e b o u l e v a r d t r e e s p l a n t e d or a tree on every lot. Hasick replied no. Sandstad asked i f t h e r e w a s a n y t h i n g w i t h i n the City Code which required boulevard trees or a tree on e v e r y l o t . U r a m r e p l i e d t h a t presently there was nothing in the City Code to address t h i s i s s u e ; h o w e v e r , t h e C i t y Council had requested that this be looked at. Uram noted tha t t h e N . U . R . P . p o n d s w o u l d take up a lot of space and limit the area for plantings and sc r e e n i n g . Norman asked if Rice Marsh Lake was more of a marsh tha n a l a k e a n d i f i t w o u l d b e used as a recreational lake. Uram replied that it would not be u s e d a s a r e c r e a t i o n a l l a k e . Gray replied that it was a waterfowl habitat lake. Uram reported that in 1990 the City had submitted a request f o r a M U S A L i n e e x p a n s i o n and added that at the next City Council meeting the Counci l w o u l d r e v i e w a p r o p o s a l t o expand the MUSA Line further to include this entire projec t a r e a . U r a m s t a t e d t h a t t h e majority of the grading and tree loss would occur in the cul- d e - s a c a r e a t o t h e s o u t h . T h e total tree loss was projected at approximately 52%. Uram n o t e d t h a t i n o r d e r t o d e v e l o p this property at all, tree loss would be incurred. To offset s o m e o f t h e t r e e l o s s , S t a f f recommended 25 foot front yard setbacks and individual g r a d i n g f o r e a c h l o t . H a s i c k replied that he did not object to this being added. Sandstad said that he did not find a specific recommendati o n o n i n d i v i d u a l g r a d i n g o f each lot. Uram replied that the proponent would not object t o h a v i n g t h i s a d d e d t o t h e recommendations. Norman asked if the normal front yard setback was 30 f e e t . U r a m r e p l i e d t h a t t h e normal setback was 30 feet from the property line and an o t h e r I I f e e t f r o m t h e c u r b . He added that on a short street with only six homes, 25 feet w o u l d b e a c c e p t a b l e . Bauer stated that it would have been nice to have seen the m i n u t e s f r o m t h e p r i o r o f approval of the project to see any objections raised at that ti m e . ;), Planning Commission November 4, 1991 Page 4 I Norman asked why so many variances were allowed. Uram replied that the Shores Project was before the Planning Commission 3 times. He added that the main issue of discussion was the MUSA Line expansion and if it was the appropriate time to develop the southwest area at all. Ruebling added that there had been extensive discussion on the variances along the shoreline. Uram replied that the proponent was dedicating over 30 acres to the City. He noted that the proponent was not required to dedicate any property to the City and Staff believed that it was appropriate to make trade-offs in exchange for the dedication. Uram asked the proponent how many lots would require a lot width variance. Black replied that all of the lots along the lakeshore would require a variance. Bauer asked if there had been resident concerns at the previous meetings on the Shores Development. Uram replied no. Sandstad recalled that the project was considered to be a good project at that time. Norman was concerned about the lot width variances. Uram noted that this was the first residential project which required N.U.R.P. ponds and added that these ponds took up extensive property. Ruebling believed that given all the trade-offs, it would seen appropriate to make concessions. Kardell asked how the Dell Road improvements were progressing. Al Gray replied that the City Council had approved a feasibility study for Dell Road and the City had approved a plan for improvements in 3 phases. He noted that property owners were apprehensive about improving Dell Road without development. Gray stated that the City needed to work out an agreement with Chanhassen. The project could begin as early as Spring of 1992. Ruebling believed that the center access to the project would need to be right-in and right- out. He asked if a u-turn could be possible to go back north. Gray replied that would be a protected south bound lane. Ruebling believed that R1-9.5 zoning was appropriate if used for affordable housing. Uram replied that the City Council had questioned if R1-9.5 was being used as originally designed. He noted that $250,000 homes were being constructed in R1-9.5 zones. Planning Commission wember 4, 1991 Page 5 Nui,iiaii a:::cd if there were any restrictions on the value of R1-9.5 homes. Uram replied no. Bauer believed that the value of homes on R1-9.5 lots should be addressed separately from this project. Uram believed that R1-9.5 zoning was appropriate for this project. He added that it in many cases, the land has become so expensive that the price of the homes is higher. Bauer believed that the issue of the larger homes on RI-9.5 lots should be dealt with. He added that the homes have no yards left then there is a need for more park area and maybe it was appropriate for developers to dedicate more land. Bauer did not believe that it was appropriate to change the rules in midstream and, therefore, this should not be an issue with this project. Sandstad stated that he was concerned about a lack of balance in housing. Ruebling asked if the proponent was making provisions for construction traffic with the phasing going from east to west. Hasek replied that a street needed to be developed for emergency vehicles. Gray replied that to develop the western lots first would be too expensive for the developer to develop the infrastructure. Ruebling believed that it was important to manage the traffic. Hasek added that if the Jacques property developed, there would be another four roads to serve the property. Norman asked where the nearest park would be. Hasek replied that Rice Marsh Lake Park in Chanhassen would be closest. Norman believed that this would be a long way for the eastern residents of the project to go to a park. Hasek replied that Miller Park would be closest for those residents on the eastern border. Uram noted that the City was looking for land to the south of this project to develop a park. Norman was concerned because the tot lots have been done away with. Uram replied that the cost of the tot lots and the amount of usage they were getting had resulted in the elimination of the requirement. Norman asked if a tot lot could be developed in the Oudot on this project. Uram replied that this proposal had not been reviewed by the Parks, Recreation, and Natural Resources Commission at this time. Kardell asked when the proponent would propose to start construction. Hasek repli..d that Phase I and II would be constructed in 1992 and Phases III, IV, and V would be developed during 1993 through 1995. George Schroers, property owner, believed that the City had the cart before the horse. Planning Commission November 4, 1991 Page 6 The property had been rezoned and then assessed heavily. Schroers requested that the property not be zoned unless development was ready to go. He said the taxes would go up if rezoned residential. Uram stated that any action tonight would not rezone the property; it would need to be approved by the City Council. MOTION 1 : Bauer moved, seconded by 1Cardell to close the public hearing. Norman questioned how the City could not pass the proposal since it had already been passed in 1989. Norman was not in favor of allowing the variances for lot widths. Uram replied that the Planning Commission could disapprove if they believed that action was appropriate. Uram replied that many of the lots vary in width from 100 to 130 feet. Ruebling stated that if this project were on a lake where more activity would occur, he would be more concerned about the lot width. Norman asked what the widest lot was. Black replied approximately 220 feet. Hasek replied that because of the area being taken up by the N.U.R.P. ponds it was critical to the project to have the lake lots developed. Hasek added that the trend in home building was to go back to smaller homes and larger yards. He stated that if the trend continued the emphasis would be more on quality than on size. Hasek noted that the homes along the lake would be custom built. Norman understood that it was economically necessary; however, it was not aesthetically good planning. Motion carried 5-0-0. MOTION 2: Bauer moved, seconded by Kardell to recommend to the City Council approval of the request of Pemtom Company for Planned Unit Development Concept Review on 129.8 acres to be known as Windfield P.U.D. based on plans dated November 1, 1991, subject to the recommendations of the Staff Report dated November 1, 1991 with the addition of Recommendation #3 to require individual grading on lots to minimize tree loss. Norman stated that she was happy to see the dedication of the land to the City; however, the lot size would be approximately half of that required. Norman did not favor the 100 foot wide lots. She believed this was going too far in the opposite direction. Planning Commission /ember 4, 1991 Page 7 Motion carried 4-1-0. Norman voted "NO". MOTION 3: Bauer moved, seconded by Kardell to recommend to the City Council a p p r o v a l o f t h e request of Pemtom Company for Planned Unit Development District Revie w w i t h w a i v e r s on 129.8 acres to be known as Windfield P.U.D based on plans date d N o v e m b e r 1 , 1991, subject to the recommendations of the Staff Report dated Novemb e r 1 , 1 9 9 1 w i t h the addition of Recommendation #3 to require individual grading on lots t o m i n i m i z e t r e e loss. Motion carried 4-1-0. Norman voted "NO". MOTION 4: Bauer moved, seconded by Kardell to recommend to the City Council a p p r o v a l o f t h e request of Pemtom Company for rezoning from Rural, R1-9.5 and R1-13. 5 t o R 1 - 9 . 5 o n 24.8 acres and to RI-13.5 on 105 acres to be known as Windfield P. U . D . , b a s e d o n plans dated November 1, 1991, subject to the recommendations of the Staf f R e p o r t d a t e d November 1, 1991 with the addition of Recommendation #3 to require indi v i d u a l g r a d i n g on lots to minimize tree loss. Motion carried 4-1-0. Norman voted "NO". MOTION 5; Bauer moved, seconded by Kardell to recommend to the City Council a p p r o v a l o f t h e request of Pemtom Company for Preliminary Plat of 129.8 acres into 204 s i n g l e f a m i l y lots, 3 outlots and road right-of-way to be known as Windfield P.U.D. b a s e d o n P l a n s dated November 1, 1991, subject to the recommendations of the Staff R e p o r t d a t e d November 1, 1991 with the addition of Recommendation #3 to require indi v i d u a l g r a d i n g on lots to minimize tree loss. Motion carried 4-1-0. Norman voted "NO". V. OLD BUSINESS VI. PLANNER'S REPORTS ",* Planning Commission November 4, 1991 Page 8 V II. ADJOURNMENT MOTION Norman moved, seconded by Kardell to adjourn the meeting at 8:55 PM. Motion carried 5-0-0. •''', :=7: 'I? ' A_.., n . 20104 20105 ,'^106 k 07 'LL1108 20109 20110 20111 20112 20113 20114 20115 20116 20117 20118 20119 20120 20121 20122 20123 20124 20125 20126 20127 20128 20129 20130 20131 ^'1 32 33 20134 20135 20136 DECEMBER 3.1991 UNITED WAY MN DEPT OF PUBLIC SAFETY MN DEFT OF REVENUE MN DEPT OF REVENUE KATHY ANDERSON JENNIFER ANDIX SHIRLEY BRAASCH DONNA CARLSON JORGE CASTRO JAN DALY KIP HAMILTON CAROL HARRIS MARGOT LAIRD MICHELLE MAURER KATHY MCCANN JACKIE MCMILLAN PATRICK ROISEN KATHY SCHUMACHER MICHELE SCHULTZ LINDA SOLHEID LAI WALKER MARTY & JON WELLER STACY YOUNG METROPOLITAN COUNCIL TRAVEL PROFESSIONALS COOKIES BY DEB WORDPERFECT NATIONAL HIGHWAY INSTITUTE BOYD OIL DISTRIBUTING NAME BRAND SPORTS DIVING RESCUE INC/INTL STATE OF MN MN CONWAY FIRE & SAFETY 20137 HENNEPIN COUNTY TREASURER 20138 NANCY GRIFFITH 20139 PETTY CASH 20140 ELK RIVER CONCRETE PRODUCTS 20141 FOCUS ONE HOUR PHOTO 20142 HENNEPIN COUNTY TREASURER 20143 KENNETH LINDEMAN 20144 PRAIRIE OFFSET PRINTING INC 20145 SANDY WERTS 20146 A CHRISTMAS IN BLOOMINGTON 20147 J A PRICE AGENCY INC 20148 PRAIRIE LAWN & GARDEN EMPLOYEE DONATION / MOTOR VEHICLE REGISTRATIONS OCTOBER 91 SALES TAXI', OCTOBER 91 FUEL TAX'' REFUND-SWIMMING LESSONS REFUND-ART EXTRAVAGANZA REFUND-DESIGNER OUTLET TRIP REFUND-SWIMMING LESSONS REFUND-GYMNASTICS LESSONS REFUND-SWIMMING LESSONS REFUND-FIRST AID CLASS REFUND-OUTDOOR CENTER RENTAL REFUND-ART EXTRAVAGANZA CLASS REFUND-SWIMMING LESSONS REFUND-GYMNASTICS CLASS REFUND-GYMNASTICS CLASS REFUND-SWIMMING LESSONS REFUND-ART EXTRAVAGANZA CLASS REFUND-ADAPTIVE SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-GYMNASTICS CLASS REFUND-GATHERING FIREWOOD CLASS REFUND-ART EXTRAVAGANZA CIARs )(CONFERENCE-HUMAN RESOURCES DEPT x CONFERENCE -COUNCILMEMBER EXPENSES-CITY COUNCIL COMPUTER SOFTWARE-PARK & RECREATION DEPT , "I vONFERENCE-ENGINEERING DEPT DIESEL FUEL ADDITIVE-EQUIPMENT MAINTENANCE Y -SWEATSHIRTS/T-SHIRTS-EQUIPMENT MAINT/ UTILITIES DIVISION SCHOOL-FIRE DEFT 500.00 KFILING FEE-EQUIPMENT MAINT/WATER DEPT 100.00 -FIRE EXTINQUISHER TESTING & RECHARGING/ 577.20 -0-RINGS/VALVES-CITY HALL/POLICE BLDG/ PUBLIC WORKS BLDG/COMMUNITY CENTER -LICENSES-ROUND LAKE CONCESSION/COMMUNITY 415.00 CENTER CONCESSIONS REFUND-TENNIS LESSONS 2.80 EXPENSES-CITY HALL 65.87 -MANHOLE RINGS/CULVERT/BASE SLAB-DRAINAGE 708.40 CONTROL DEPT -FILM/FILM PROCESSING-HUMAN RESOURCES DEFT/ A FILING FEES-PLANNING DEPT •,*".'-"" "/- ASSESSING DEFT -EASEMENTS-CEDAR RIDGE & CORRAL LANE IMPROVEMENTS -PRINTING-SENIOR NEWSLETTER-SENIOR PROGRAM/ -HALLOWEEN FLYER-HISTORICAL INTERPRETATION PROGRAM MILEAGE/EXPENSES-SENIOR PROGRAMS SERVICE-SENIOR PROGRAMS/FEES PAID LIABILITY INSURANCE -SNOWBLOWER TIRE & TUBE-POLICE DEPT/ SNOWBLOWER ELECTRONIC IGNITION-PARK MAINT 228.15 82.50 30527.44 774.60 17.00 25.00 7.00 17.00 36.00 17.00 22.00 32.50 25.00 17.00 18.00 18.00 20.00 25.00 19.00 40.00 18.00 6.00 50.00 30.00 831.00 10.50 11.00 275.00 1467.00 855.85 50.09 280.00 4130.00 650.75 104.42 68.00 250.00 134.77 4355984 14323.59 72337.10 200.00 6604.00 2691.83 212.77 2458.72 32.00 1129.00 18992.10 41853.10 50.00 25.00 2989.19 189.00 34760.67 130.00 215.25 100.00 234309.42 3z, a. 12.00 74.00 8.00 11.00 4455.54 8436.05 9830.92 1086.61 16779.16 28548.55 11598.56 3890.02 13600.63 1614.00 1092.00 296.00 936.00 1422.00 1502.00 3386.00 1518.00 1434.00 1896.00 576 103a DECEMBER 3.1991 20149 STATE OF MINNESOTA 20150 MINNESOTA SAFETY COUNCIL INC 20151 SUNWOOD INN 20152 AARP 55 ALIVE MATURE DRIVING 20153 HOPKINS POSTMASTER 20154 VOID OUT CHECK 20155 NN DEPT OF REVENUE 20156 FIRST BANK EDEN PRAIRIE 20157 FEDERAL RESERVE BANK 20158 GREAT WEST LIFE ASSURANCE CO 20159 GUARANTEE MUTUAL LIFE COMPANY 20160 HENN CTY SUPPORT & COLLECTIONS 20161 ICMA RETIREMENT TRUST-457 20162 INTERNAL REVENUE SERVICE 20163 INTL UNION OF OPERATING ENG 20164 MEDCENTERS HEALTH PLAN INC 20165 MEDICA CHOICE 20166 MN STATE RETIREMENT SYSTEM 20167 MN TEAMSTERS CREDIT UNION 20168 MUTUAL BENEFIT LIFE 20169 EXECUTIVE DIRECTOR-PERA 20170 EXECUTIVE DIRECTOR-PERA 20171 EXECUTIVE DIRECTOR-PERA 20172 UNITED WAY 20173 JIM MORSE 20174 COMMISSIONER OF TRANSPORTATION 20175 UNIVERSITY PRESS OF AMERICA 20176 DOROTHY BRODERSON 20177 CHRIS HEINZ 20178 DEWEY & PATRICIA NELSON 20179 BETH PERRY 20180 CLAUDIA WAGNER 20181 NORTHERN STATES POWER CO 20182 NORTHERN STATES POWER COMPANY 20183 MINNEGASCO 20184 EAGLE WINE CO 20185 GRIGGS COOPER & CO INC 20186 JOHNSON BROTHERS LIQUOR CO 20187 ED PHILLIPS & SONS CO 20188 PRIOR WINE CO 20189 QUALITY WINE & SPIRITS CO 20190 JASON AMBORN 20191 DOUGLAS ANDREWS 20192 JOHN BENIK 20193 JAY BOHLEN 20194 GERALD BOHN 20195 LANCE BRACE 20196 SPENCER CONRAD 20197 GENE DAHLKE 20198 TROY DANIELSON 20199 RICHARD DEATON 20200 BRIAN J DEVRIES 20201 JOSEPH R DOHENY 1991 MN SESSION LAWS-POLICE DEPT 32.00 -CONFERENCES/SAFETY PROTECTION BOOKLETS- 347.67 SAFETY DEPT SCHOOL EXPENSES-POLICE DEPT 5. L DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 216.00 POSTAGE-UTILITY BILLING 869.63 0.00 PAYROLL 11115/91 PAYROLL 11/15/91 PAYROLL 11/15/91 SAVINGS BOND PAYROLL 11/15/91 NOVEMBER 91 LIFE INSURANCE PREMIUM PAYROLL 11/15/91 PAYROLL 11/15/91 PAYROLL 11/15/91 NOVEMBER 91 UNION DUES DECEMBER 91 HEALTH INSURANCE PREMIUM DECEMBER 91 HEALTH INSURANCE PREMIUM PAYROLL 11/15/91 PAYROLL 11/15/91 NOVEMBER 91 DISABILITY INSURANCE PREMIUM DECEMBER 91 LIFE INSURANCE PREMIUM PAYROLL 11/15/91 PAYROLL 11/15/91 PAYROLL 11/15/91 'SERVICE-ENTERTAINMENT-SENIOR PROGRAMS -SERVICE-HIGHWAY 5 TO CrY RD 4 ROAD & TRUNK IMPROVEMENTS BOOKS-ADMINISTRATION REFUND-SKATING LESSONS REFUND-KIDS KORNER PROGRAM REFUND-SKATING LESSONS REFUND-SKATING LESSONS REFUND-SWIMMING LESSONS SERVICE SERVICE SERVICE WINE LIQUOR WINE LIQUOR WINE LIQUOR FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS 55019905 DECEMBER 3.1991 20202 20203 01 3 15 v206 20207 20208 20209 20210 20211 20212 20213 20214 20215 20216 20217 20218 20219 20220 20221 20222 20223 20224 20225 20226 20227 20228 20229 31 20232 20233 20234 20235 20236 20237 20238 20239 20240 20241 20242 20243 20244 20245 20246 20247 20248 20249 20250 20251 20252 20253 20254 20255 56 LARRY DOIG PATRICIA ENFIELD GEORGE ESBENSEN CHARLES FERN MARK GANG III DAVID GILMORE IRA GLASSBERG CHARLES GOBLE JOHN R GOBLISH ROBERT GRANT ROBERT L GREEN INGER GREG GUNDERSCN RICK HAMMERSCHMIDT ALAN HANSON DUANE HARRISON ROBERT HAUGEN JOHN HOBBS JR WALTER JAMES MARK S JENNEN JAIMS GLENN JOHNSON MICHAEL JOHNSON SCOTT JOHNSON STEVEN JOHNSON WILLIAM D KARELS KENNETH W KOCH STEVE KOERING MICHAEL LADEN MARV [ANTI SANDRA LANDUCCI BRYAN J MATSON KIT C MCCALLA BRIAN MCGRAW GARY MEYER THOMAS MONTGOMERY CURTIS R OBERLANDER SCOTT OBERLANDER KEITH OLSON KATHLEEN OCONNOR DONALD OVERBEY JAMES PELTIER TIMOTHY PELTIER DEREK J PETERSON mArniEw A PHILLIPS MAUREEN PIRJEVEC BENNIT PITTSLEY GARY RAKE JOHN RIEGERT JOHN ROCHFORD MICHAEL ROGERS ROBERT ROLFZEN TIM SATHER CHARLES SCHAITBERGER KURT W SCHENDEL ROGER SCHMIDTKE LEE SCHNEIDER FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRS CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS FIRE CALLS 1738.00 480.00 2524.00 1204.00 1720.00 1266.00 164.00 1666.00 776.00 1152.00 312.00 240.00 634.00 1128.00 344.00 1290.00 2064.00 792.00 328.00 402.00 820.00 1860.00 678.00 220.00 1402.00 1044.00 1848.00 936.00 48.00 204.00 196.00 678.00 1918.00 3118.00 2806.00 1730.00 1260.00 1396.00 2596.00 1978.00 2280.00 376.00 384.00 558.00 320.00 1428.00 1532.00 996.00 1894.00 260.00 2680.00 2272.00 974.00 1338.00 1356.00 6560800 DECEMBER 3.1991 20257 SCOTT SCHRAM FIRE CALLS 1738.00 20258 THOMAS SCHMITZ FIRE CALLS 882.00 20259 JAMES SHAW FIRE CALLS 1857-10 20260 TODD SKATRUD FIRE CALLS 234, )3 20261 JOHN SKRANKA FIRE CALLS 1156.00 20262 CHARLES G SMITH FIRE CALLS 700.00 20263 MARK SNETTING FIRE CALLS 1152.00 20264 KIP SPRINGER FIRE CALLS 1534.00 20265 JAMES SUNDBERG FIRE CALLS 940.00 20266 MICHELE SUNDBERG FIRE CALLS 1168.00 20267 SCOTT TAYLOR FIRE CALLS 1688.00 20268 MARC THIELMAN FIRE CALLS 1092.00 20269 DOUG THIES FIRE CALLS 2286.00 20270 TODD TOMCZIK 'FIRE CALLS 1554.00 20271 RODNEY UTING FIRE CALLS 1086.00 20272 MARK VANDENBERGHE FIRE CALLS 1902.00 20273 FRANK J WEBER FIRE CALLS 696.00 20274 PAUL WELCOME FIRE CALLS 1314.00 20275 SCOTT WILLIAMSON FIRE CALLS 1620.00 20276 THOMAS WILSON FIRE CALLS 2408.00 20277 AIM ELECTRONICS INC >( BULBS-COMMUNITY CENTER /:11 12, ,41( 55.00 20278 AMERICAN RED CROSS -1ST AID WORKBOOKS/RESCUE MANIKIN RENTALS- 161.00 POOL LESSONS 20279 AM PUBLIC WORKS ASSN BOOK-ENGINEERING DEPT 5.00 20280 EARL F ANDERSEN & ASSOC INC SIGNS/BANDING/CLIPS-STREET DEPT/PARK MAINT 598.43 20281 KEN ANDERSEN TRUCKING Ar,...e= )(WASTE DISPOSAL SERVICE-ANIMAL CONTROL DEPT 125.00 20282 ANIMAL INN PET FOOD OUTLET CANINE SUPPLIES-POLICE DEPT 26.61 20283 ARMOR SECURITY INC -KEYS/LOCK/RE-KEYED CYLINDER/LOCK REPAIRS/ 499.15 i( -SECURITY SYSTEM MAINTENANCE AGREEMENT- OUTDOOR CUTER/FACILITIES DEPT/PARK MAINT 20284 ASSN OF METROPOLITAN MUNICIPALITIYEXPENSES-ADMINIS T R A T I O N / C O U N C I L M E M B E R 75.00 20285 B & S TOOLS -TIN SNIPS/SCREWDRIVER/MAGNET/SOCKET/DRILL/ 260.35 -RATCHET WRENCH/CUTTER BLADES/SANDING -DISCS/VISE EXTENSION-STREET DEPT/WATER DEPT/EQUIPMENT MAINTENANCE 20286 BARTLEY SALES CO INC HANDLE-COMMUNITY CENTER 7.50 20287 BELL ATLANTIC TRICON LEASING CORP -NOVEMBER 91 COPI E R L E A S E A G R E E M E N T - P O L I C E 358.68 DEPT 20288 BERGIN AUTO BODY INC -REPAIR & PAINT POLICE VEHICLE-EQUIPMENT 2692.35 MAINTENANCE 20289 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND S U P P L I E S - C O M M U N I T Y C E N T E R 147.79 20290 CITY OF BLOOMINGTON -CITYS SHARE OF PRINTING WINTER BROCHURE- 63.00 ADAPTIVE RECREATION PROGRAM 20291 BMB SERVICES -REPAIR & REPLACED FITNESS CENTER SOUND 356.90 INTERCOM SYSTEM-COMMUNITY CENTER 20292 LOIS BOETTCHER -MINUTES-PARK RECREATION & NATURAL 103.69 -RESOURCES COMM/HISTORICAL & CULTURAL COMMISSION 20293 BRAUN INTERTEC ENGINEERING INC -SERVICE-PROPOSED RADIO TOWER-POLICE DEPT/ 5299.50 -SHADY OAK RIDGE UTILITIES & STREET CONST/ -BLUESTEM RIDGE UTILITY & STREET CONST/ BLUFFS W 9TH STREET IMPROVEMENTS 20294 BRO-TEX INC TOWELS-FIRE DEPT 193.08 20295 BROADWAY AWARDS PLAQUES/ENGRAVING-SPECIAL EVENTS PROGRAM 32° 40 20296 BROOKS FOOD MARKET #51 EXPENSES-FIRE DEPT )9 4043252 DECEMBER 3.1991 20297 BRW INC -SERVICE-DELL ROAD DESIGN/VALLEY VIEW RD CONSTRUCTION 7-98 BUDGET PLUMBING CORP -REPAIRED IRRIGATION SYSTEM TO CORRECT PRESSURE METER PROBLEMS -FRANLO PARK 20299 CAPITOL COMMUNICATIONS RADIO REPAIRS-POLICE DEPT 20300 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL 20301 CARLSON & CARLSON ASSOC -OCTOBER 91 EMPLOYEE ASSISTANCE-HUMAN RESOURCES DEPT 20302 CARLSON SYSTEMS. CORDLESS DRILL-PARK MAINTENANCE 20303 CEDAR COMPUTER CENTER INC PRINTER-ENGINEERING DEFT 20304 CENTRAIRE INC -FURNACE TEMPERATURE CONTROLLER REPAIR- STARING LAKE PARK 20305 JAMES CLARK NOVEMBER 91 EXPENSES-POLICE DEFT 20306 COMM CENTER ,BATTERIES-WATER DEPT 0" *4." 20307 COMMERCIAL ASPHALT CO A.BLACKTOP-RILEY LAKE PARK 20308 CONTINENTAL LOOSE LEAF INC 100 3 RING BINDERS/TABS-POLICE DEPT 20309 COMMISSIONER OF TRANSPORTATION -SERVICE-CONCRETE PLANT INSPECTIONS-VALLEY VIEW RD EXTENSION 20310 COMPUTERwARE DATA PRODUCTS INC COMPUTER PAPER-COMMUNITY CENTER 20311 CORPORATE RISK MANAGERS INC NOVEMBER 91 INSURANCE CONSULTANT 20312 CROWN MARKING INC RUBBER STAMPS-CITY HALL/LIQUOR STORE 20313 CULLIGAN - METRO SERVICE-OUTDOOR CENTER 20314 CUMMINS DIESEL SALES INC REPLACED VEHICLE WATER PUMP-FIRE DEPT 20315 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 20316 DAKOTA COUNTY TECHNICAL COLLEGE SCHOOL-POLICE DEPT 20317 DALCO CLEANING SUPPLIES-WATER DEPT 20318 DAN & DANS MINUTEMAN PRESS PRINTING FORMS-BUILDING INSPECTIONS DEPT 20319 DEN CON LANDFILL INC -OCTOBER 91 WASTE DISPOSAL-MEET MAINT/ PARK MAINTENANCE 20 L A DONNAY -REFUND DEPOSIT-TRAFFIC STUDY FOR PRAIRIE COURTS PROJECT 20321 DORSEY & WHITNEY LEGAL SERVICE-BOND PAYMENTS 20322 DRISKILLS SUPER VALU )(EXPENSES-FIRE DEPT ''4 ''‘ 20323 DUNLOP SLAZENGER CORP T-BALLS -SUMMER SKILL DEVELOPMENT PROGRAM 20324 E P PHOTO FII11/FIU1 PROCESSING-POLICE DEPT 20325 EDEN INCENTIVES & PROMOTIONS NPROMOTIONAL PENCILS-POLICE DEPT 20326 EDEN PRAIRIE FIRE DEPT POP REIMBURSEMENT-CITY COUNCIL 20327 EDEN PRAIRIE TIRE & AUTO SERVICE TIRES -EQUIFTIENT MAINTENANCE 20328 CITY OF EDINA SERVICE-OCTOBER 91 WATER TESTS-WATER DEPT 20329 DEB EDLUND MINUTES-PLANNING COMMISSION 20330 ELVIN SAFETY SUPPLY INC GLOVES-WATER DEPT 20331 JEFF ELWELL MILEAGE-COMMUNITY CENTER 20332 CHRIS ENGER -OCTOBER & NOVEMBER 91 EXPENSES-PLANNING DEPT 20333 RAY ENZ BASKETBALL OFFICIAL/FEES PAID 20334 EXPRESS MESSENGER SYSTEMS INC XPOSTAGE-CITY HALL 20335 FEED RITE CONTROLS INC CHEMICALS-WATER DEPT 20336 FIDELITY PRODUCTS CO CHEMICAL GARBAGE BAGS-WATER DEPT 20337 FLOYD SECURITY -SECURITY SYSTEM MAINTENANCE AGREEMENT - CUMMINS GRILL HOMESTEAD 20333 FLYING 711DUD ANIMAL HOSPITAL CANINE SUPPLIES-POLICE DEPT 20339 FORESTRY SUPPLIERS INC -PRUNING SAW/TELESCOPING DOLE/PRUNING BOOK/ EXTENSION POLE-FORESTRY DEFT 20340 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 41 JOHN FRANE NOVEMBER 91 EXPENSES-FINANCE DEPT 10944.21 875.00 303.44 5365.61 401.25 139.00 384.80 133.01 200.00 165.60 3600.00 799.00 61.09 40.00 610.00 9.00 31.50 369.73 3334.11 50.00 46.92 100.58 287.00 236.90 4500.00 171.05 279.07 139.15 768.34 48.00 1888.20 290.00 125.00 89.95 6.88 436.00 64.00 9.82 28.00 105.87 68.00 74.10 167.36 587.19 200.00 3853373 DECEMBER 3.1991 20342 LYNDELL FREY 20343 G T LAWN SERVICE SUPPLIES-LIQUOR STORE 28.25 OCTOBER 91 SERVICE-UTILITIES DIVISION 130.00 y -CONFERENCE-COUNCILMEMBER/SCHOOL-POLICE*,,h , 399.00 DEPT , 20349 GTE SUN COMMUNITY DIRECTORIES ADVERTISING-LIQUOR STORE 75.00 20350 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 163.00 20351 MICHAEL HAMILTON -FOOTBALL/VOLLEYBALL & BASKETBALL OFFICIAL/ 333.00 FEES PAID 20352 HANSEN THORP PELLINEN OLSON INC -SERVICE-STARING LK PK WATER MAIN/CREEK 37764.58 -KNOLLS/BLUESTEM RIDGE/HAWK HIGH RIDGE/ -BRAXTON DE/CLUFFS F 97 .4 ADDITION STORM , -SEWER/BLUFFS W 9TH ADDITION/CEDAR RIDGE -ESTATES/BLUFFS E 11TH ADDITION ...r 210a13/DONALD HARASYN XREFUND-WATER ACCESS CHARGE #.1-..r 540.00 HENNEPIN CTY SHERIFF xRADIO RENTALS & INSTALLATION-POLICE DEPT 22680.00 -M5 HENNEPIN COUNTY TREASURER AEI FEE-PLANNING DEPT 444kel.s 206.00 20356 HENNEPIN COUNTY PUBLIC RECORDS ILI ENGINEERING DEPT 166.50 20357 HENNEPIN TECHNICAL INSTITUTE -SCHOOL-$470-FIRE DEPT/APPRECIATION DINNER 1223.00 -EXPENSES FOR E P ATHLETIC ASSN-$753- SPECIAL EVENTS PROGRAM 20358 HENNEPIN COUNTY TREASURER OCTOBER 91 WASTE DISPOSAL-FORESTRY DEPT 779.40 20359 HERMANS WORLD OF SPORTING GOODS 7n LEG GATORS-WATER DEPT LAJk- $10...4" 169.90 20360 STEVE HIGLEY VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 487 10 20361 HONEYWELL INC MN 56 -REPAIRED BUBBLER SYSTEMS ON pun LEVEL 21 GAUGES-WATER DEPT 20362 HONEYWELL PROTECTION SERVICES -QUARTERLY SECURITY SYSTEM MAINTENANCE 530.56 AGREEMENT-SENIOR CENTER/LIQUOR STORE 20363 HUD USER PUBLICATION-PLANNING DEPT 3.00 20364 HUTTON CHEMICAL CLEANING SUPPLIES-EQUIPMENT MAINTENANCE 351.20 20365 ICMA SUBSCRIPTION-ADMINISTRATION 63.00 20366 INACOMP COMPUTER CENTERS -COMPUTER/PRINTER/MONITOR/COMPUTER 12821.31 SOFTWARE-WATER DEPT 20367 INDEPENDENT SCHOOL DIST #272 ROOM RENTAL-HISTORICAL & CULTURAL COMM 231.00 20368 INGRAM EXCAVATING -LOADER/BACKHOE & DOZER RENTALS/DRAIN TILE/ 21089.14 ROCK/TREE REMOVAL-RILEY LAKE PARK 20369 INSTY-PRINTS ENVELOPES/CARDS-MARTIN LUTHER KING EVENT 15.50 20370 INTERSTATE DETROIT DIESEL INC GENERATOR REPAIR-CIVIL DEFENSE DEPT 429.67 20371 INTL ASSN OF ARSON INVESTIGATORS DUES-POLICE DEPT 67.00 20372 BRUCE ISAACS BASKETBALL OFFICIAL/FEES PAID 126.00 20373 GARY ISAACS -VOLLEYBALL OFFICIAL & OFFICIALS 402.00 COORDINATOR/FEES PAID 20374 J & R RADIATOR CORP DRAIN-EQUIPMENT MAINTENANCE 20.50 20375 JERRYS NEWMARKET Y'EXPENSES-FIRE DEPT 7r - " 53.51 20376 JUSTUS LUMBER CO CONCRETE FORMS-PARK MAINTENANCE 11.93 20377 LYNN KALFSBEEK OUTDOOR CENTER PROGRAM INSTRUCTOR/FEES PAID 35.00 20373 LEONARD J KOEHNEN -SERVICE-ENGINEERING CONSUMING FOR THE 6189.97 -STUDY & DESIGN OF RADIO TOWER & -COMMUNICATICNS TOWER & ANTENNA SYSTEM- POLICE DEPT -VOLLEYBALL & BASKETBALL OFFICIAL/FEES 247.00 PAID -OCTOBER 91 MOWING SERVICE-PLEASANT HILLS 13? CEMETERY X PIN-EQUIPMENT MAINTENANCE crt.t , .4.50 XWATER COOLER RENTAL-COMMUNITY CENTER 9.00 10823737 20 GENERAL MACHINING INC 0345 „ LENWOOD INGLEWOOD - 20347 GOPHER STATE ONE-CALL INC 20348 GOVERNMENT TRAINING SERVICE 20346 GLEN LAKE SALES & MARKETING LAKELAND FORD TRUCK SALES INC POWER STEERING PUMP-EQUIPMENT MAINTENANCE LANG PADDY & GREGERSON LTD LEGAL SERVICE-CABLE TV 356.60 LEAANNS SEWING/CUSTOM DECORAT FIRE GEAR REPAIR-FIRE DEPT 492.50 LEEF EROS INC 320.00 COVERALLS-EQUIPMENT MAINT/MATS -LIQUOR STORE 136.56 L LEHMAN & ASSOCIATES INC -OCTOBER 91 LEGAL SERVICE-FLYING CLOUD 6479.03 LANDFILL LID RED E P GROCERY EXPENSES-FIRE DEPT 39.21 LONG LAKE MID TRACTOR INC ALTERNATOR/REGULATOR-EQUIPMENT MAINTENANCE 171.21 LUNDS )(EXPENSES-FIRE DEVrA,cre,-e- 327.72 MARKHURD MAP ENLARGED-PLANNING DEFT 155.00 MARTIN-MCALLISTER i STRESS TESTS-HUMAN RESOURCES DEPT 300.00 MCGLYNN BAKERIES INC EXPENSES-FIRE DEFT ..77 "-^^ 179.80 MCGLYNN BAKERIES INC EXPENSES-CITY HALL/POLICE DEPT/SENIOR CrR MEDICAL OXYGEN & vamp CO OXYGEN/HELIUM-FIRE DEPT 182.27 79.05 A MEAT SHOPPE )(EXPENSES-FIRE DEPT Jr° '-' """ 63.92 MENARDS NAILS-ENGINEERING DEPT 17.78 METRO PRINTING INC PRINTING FORMS/ENVELOPES-POLICE DEPT METROPOLITAN WASTE CONTROL COMM OCTOBER 91 SAC CHARGES 442.00 37986.50 MIDLAND EQUIPMENT CO PIPE-COMMUNITY CENTER K, MIDWEST ASPHALT CORP % -BLACKTOP-RILEY LAKE ARK/SNOWPLOWING- 32.00 13238.93 STREET MAINTENANCE 20398 MIDWEST MACHINERY INC -TRACTOR REPAIR/SHAFTS/BEARINGS/WASHERS/ 1536.80 -GEAR SHIFT LEVER/O-RINGS/SCREWS-EQUIPMENT MAINTENANCE 20399 ANDREA MIHOKANICH EXPENSES-ADAPTIVE RECREATION PROGRAM 4.65 20400 HERMAN MILLER INC -TACKBOARDS/SHELVES/TRAYS/WALL HANGER 355.53 -STRIPS-FINANCE DEPT/HUMAN RESOURCES DEPT/ ENGINEERING DEPT 20401 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 256.65 20402 MINNESOTA BLUEPRINT X OFFICE SUPPLIES-ENGINEERING DEPT /4-4-' 368.411' "403 MINNESOTA BUSINESS FORMS X LICENSE LABELS/FORMS-FINANCE DEPT 486.76 04 MN CONWAY FIRE & SAFETY -KNEE BOOTS/TAIL GASKETS/EXPANSION RINGS- 453.00 FIRE DEPT 20405 MINNESOTA STATE TREASURER OCTOBER 91 BUILDING SURCHARGES, 3547.84 20406 MINNESOTA VALLEY WHOLESALE INC X SHRUBS-FORESTRY DEPT ----td'-' 764.50 20407 BILL MOORE BASKETBALL OFFICIAL/FEES PAID 64.00 20408 KEVIN MOREHOUSE MILEAGE-COMMUNITY CENTER 9.00 20409 MTI DISTRIBUTING CO -CUP/VALVE/O-RINGS -PARK MAINT/EQUIPMENT 52.88 MAINTENANCE 20410 THOMAS MULLIN REFUND-OVERPAYMENT UTILITY BILLING 71.12 20411 JAN NELSON MINUTES-HUMAN RIGHTS & SERVICES COMMISSION 75.00 20412 JP NOREX INC -SERVICE-ROBERTS DRIVE BIKE TRAIL/STORM 15319.50 SEWER INSTALLATION-RILEY LAKE PARK 20413 NORTHLAND ELECTRIC SUPPLY CO HUB CAPS-FIRE DEFT 176.90 20414 NYSTROM PUBLISHING CO -CITYS SHARE WINTER BROCHURE-ADAPTIVE 256.38 RECREATION PROGRAM 20415 KATHLEEN OCONNOR SCHOOL-FIRE DEFT 15.00 20416 OFFICE PRODUCTS OF MN INC -TYPEWRITER REPAIR/TAB CORD PULLEY-WATER 95.00 DEPT 20417 OLSEN CHAIN & CABLE CO INC -TIRE CHAINS/CONNECTOR LINKS/CROSS CHAIN 1313.84 -HOOKS/LOCKS-PARK MAINT/EQUIPMENT MAINT/ WATER DEPT 20418 PEDERSON SELLS EQUIPMENT CO INC -HOSE ENDS/COUPLINGS/GASKET KIT/GASKET 772.17 REPAIR-EQUIPMENT MAINTENANCE 8697501 20379 20380 20381 20382 20383 20385 20386 20387 20388 20389 20390 20391 20392 20393 20394 20395 20396 20397 3 '7 DECEMBER 3.1991 20419 PAHL CONSTRUCTION -INSTALLED CEDAR ON BACK WALL & ENTRY/ CAFFEY DOOR-LIQUOR STORE 20420 JCPENNEY UNIFORMS-POLICE DEPT 20421 THE PINK COMPANIES X TABLES-HOMEWARD HILLS PARK 20422 PITNEY BOWES INC COPIER MAINTENANCE AGREEMENT-POLICE DEPT 20423 PRAIRIE ELECTRIC COMPANY INC -REPLACED OPEN UNDERGROUND WIRE BETWEEN POLES-PARK MAINTENANCE 20424 PRAIRIE HARDWARE ROPE-PARK MAINTENANCE 20425 PSQ BUSINESS COMMUNICATIONS INC TELEPHONE REPAIR-CITY HALL 20426 PUMP & METERS SERVICE INC -TRUCK HOIST REPAIR/REPAIRED FUEL PUMP MOTOR FOR GAS PUMPS-EQUIPMENT MAINTENANCE 20427 R & R SPECIALTIES INC -ZAMBONI BLADES SHARPENED/SPREADER CLOTH/ SQUEEGEE-COMMUNITY CENTER 20428 RADIO SHACK ADAPTORS/CASSETTES-POLICE DEPT , 20429 RAINBOW FOODS x EXPENSES-HUMAN RESOURCES DEPT 20430 RCIDENTIFICATIONS INC /IDENTIFICATION POUCHES-COMMUNITY CENTER /11 20431 RETAIL DATA SYSTEMS OF MN CASH REGISTER TAPE-LIQUOR STORE 20432 RETAIL FOODS OF MN EXPENSES-FIRE DEPT 20433 REUTER RECYCLING INC WASTE DISPOSAL-PARK MAINTENANCE 20434 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-ROWLAND RD STORM WATER MGMT PLAN/ -MITCHELL RD CONST/STARING LN & SUNRISE CIRCLE STREET & UTILITY DESIGN 20435 ROAD RESCUE INC SOLENOID VALVE-EQUIPMENT MAINTENANCE 20436 ROGERS SERVICE -ALTERNATORS/ALTERNATOR REPAIRS-EQUIPMENT MAINTENANCE 20437 ROLLINS OIL CO DIESEL FUEL-EQUIPMENT MAINTENANCE 20438 ST CLOUD STATE UNIVERSITY SCHOOL-POLICE DEPT 20439 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 1500.00 109.P 1354 1411W 485.00 69.99 160.00 759.25 84.00 66.90 11.86 119.60 122.41 8.07 35.69 49905.16 10.57 176.25 6057.20 544.00 323.00 95 120.00 127.19 85.52 350.00 210.00 20440 CITY OF ST PAUL 20441 SAMARITAN TIRE COMPANY 20442 SANCO 1, /20-4-4T1 TRE SANDWICH FACTORY INC 120444 STEVE SCHILLING 20445 DENNIS SCHIMMEL 20446 SEELYE PLASTIC INC 20447 SIGN A RAMA USA SENIOR CENTER/COMMUNITY CENTER SCHOOL-POLICE DEPT USED TIRE TUBES-SKATING RINKS CLEANING SUPPLIES-COMMUNITY CENTER )(EXPENSES-FIRE DEPT/PARK & RECREATION DEPT HAY BALES-PARK MAINTENANCE VOLLEYBALL OFFICIAL/FEES PAID )(ACRYLIC SHEETS-WATER DEPT -61P-111pc.,-,-671.50 -INSTALLED GRAPHICS ON POLICE VEHICLE- 70.38 EQUIPMENT MAINTENANCE 20448 1 111111 111 141 GAS-EQUIPMENT MAINTENANCE 35.70 20449 111 1111 111111 1 1ST AID SUPPLIES-POLICE DEPT 10.49 20450 1111 /111 -DOGSLEDDING INSTRUCTOR-OUTDOOR CENTER 250.00 PROGRAM/FEES PAID 20451 SOUTHWEST SUBURBAN CABLE COMMISSI/(SPECIAL 1991 BUDGET ADJUSTMENT PAYMENT 5472.50 20452 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-COMMUNITY CENTER 66.88 20453 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-HISTORICAL & CVLTURAL COMM A 420.00 20454 SPRING HILL LAND COMPANY XEXPENSES-CITY COUNCIL 1/ 440.00 20455 SPS/JM OFFICE PRODUCTS INC /OFFICE SUPPLIES-FIRE DEPYMITER DEPT 5 1 350.41 20456 STATE OF MINNESOTA 1991 MN SESSION LAWS-CITY !ALE 32.00 20457 STREICHERS PROFESSIONAL POLICE EQ -DOOR OPENING TOOLS/BATTERY STACK-POLICE 65.75 DEPT 20458 STRGAR ROSCOE FAUSCH INC -SERVICE-COLUMBINE RD/DELL RD DESIGN/ 5115.31 HIGHWAY 5 FRONTAGE ROAD 20459 1111 1111 NOVEMBER 91 EXPENSES-HUMAN RESOURCES DEPT 200.00 20460 11 11111 HOCKEY OFFICIAL/FEES PAID 120 AO 20461 11 1111 -VIDEO TAPE REWINDER & HEADCLEANER-POLICE -DEPT/CANDY-HISTORICAL INTERPRETATION 7640118 2/0 20462 KATHERINE TEKIELA ORRIN THOMPSON HOMES TNEMEC CO INC JEFF TRESIDDER TURF SUPPLY COMPANY MICHAEL D TVEITE PHD TWIN CITIES COMPUTER RESOURCES TWIN CITY OXYGEN CO TWIN CITY TESTING UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNLIMITED SUPPLIES INC VICTORIA REPAIR & MFG VIKING LABORATORIES INC VISION ENERGY VOSS LIGHTING WALDOR PUMP & EQUIP CO WARNING LITES OF MN INC WEST WELD 20481 ROBERTA WICK 20482 YALE INC 20483 YELLOW PAGES OF MN 20484 ZEE MEDICAL SERVICE ,'.1 85 ZIEGLER INC .86 ZONING BULLETIN WEEKLY 20487 LOG'S 11000 AMERICAN NATIONAL BANK 11000 NORWEST BANK MN NA 19933 VOID OUT CHECK 19940 VOID OUT CHECK 19965 VOID OUT CHECK 19992 VOID OUT CHECK 20017 VOID OUT CHECK 20050 VOID OUT CHECK 20097 VOID OUT CHECK 33012089 ( 64 4)465 20466 20467 20468 20469 20470 20471 20472 20473 20474 20475 20476 20477 20478 20479 20480 PROGRAM -NATURE CRAFTS INSTRUCTOR-OUTDOOR CENTER 168.00 PROGRAMS/FEES PAID REFUND-BUILDING PERMIT 3255.50 PAINT-WATER DEPT 198.90 ASERVICE-FLYER DESIGN-FIRE DEPT 60.00 SOIL TESTS-PARK MAINTENANCE 28.50 SERVICE-CITY QUALITY MANAGEMENT CONSULTING 600.00 XCOMPUTER SOFTWARE INSTALLATION-POLICE DEPT 220.00 NITROGEN/OXYGEN/ACETYLENE-EQUIPMENT MAINT 262.83 SERVICE-VALLEY VIEW RD EXTENSION 549.60 UNIFORMS-FIRE DEFT 197.60 UNIFORMS-POLICE DEPT 2012.95 -NUTS & BOLTS/WASHERS/TIE WRAPS/TERMINALS/ 2166.25 -SEALS/PIPE REDUCERS/FITTINGS/BUSHINGS- PARK MAINT/STREET MAINT/EQUIPMENT MAINT WELDING ALUMINUM-PARK MAINTENANCE 8.06 CHEMICALS-COMMUNITY CENTER 57.50 PROPANE CYLINDERS-COMMUNITY CENTER 64.50 LIGHT BULBS-PARK MAINTENANCE 148.40 BASE ELBOWS-SEWER DEPT 600.00 BARRICADESAIARNING SIGNS-STREET DEPT 108.30 -BAND SAW BLADES/GRINDING DISCS/NOZZLES/ 288.70 CUT-OFF DISCS-PARK MAINT/EQUIPMENT MAINT MINUTES-CITY COUNCIL 150.00 -REPAIRED CARBON DIOXIDE TANK LEAKS & 284.28 COMPRESSOR CYCLING-WATER DEPT ADVERTISING-COMMUNITY CENTER 98.50 1ST AID SUPPLIES-COMMUNITY CENTER 18.96 CUTTING EDGES/NUTS & BOLTS-EQUIPMENT MAINT 817.16 SUBSCRIPTION-PLANNING DEPT 75.81 OCTOBER 91 SERVICE 9279.70 BOND PAYMENTS 182374.53 BOND PAYMENTS 132325.00 708.40- 50.56- 280.00- 4130.00- 373.17- 651.00- 103.50- $1340067.59 DISTRIBUTION BY FUNDS 448740.77 6189.97 177.03 60892.00 39892.52 132.50 800.00 36266.19 134408.96 136825.00 148231.25 45740.36 33966.25 37.05 150622.27 11013.87 1355.00 37959.36 40466.92 6350.32 10 GENERAL 11 CERTIFICATE OF INDEBT 12 CERTIFICATE DEBT FD 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 20 CEMETERY OPERATIONS 30 CASH PARK FEES 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 44 UTILITY DEBT FUND 45 UTILITY DEBT FD ARB 51 IMPROVEMENT CONST FD 55 IMPROVEMENT DEBT FUND ARB 57 ROAD IMPROVEMENT CONST FD 60 IMPROVEMENT CONST FUND 62 IMPROVEMENT CONST FD 70 UTILITY RESERVE 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND $1340067.59 -MEMORANDUM- TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, P.E., Director of Public Works DATE: October 31, 1991 SUBJECT: Petition to Close Heritage Road at TH 5 Attached is the pertinent correspondence regarding the issue of cl o s u r e o f H e r i t a g e R o a d a t T H 5. Although it is apparent that the issue began to surface early th i s s p r i n g ; h o w e v e r , t h e n a t u r e and extent of this request has only been brought to staff attention l a s t w e e k . T h e r e f o r e , t h e f a c t s surrounding the request and the implications of implementing su c h a r e q u e s t a r e n o t a v a i l a b l e to be included in the council packet. City staff has begun the following to develop a position on the r e q u e s t : A. Benshoof & Associates has been retained on an hourly basis to a d v i s e u s r e g a r d i n g t h e implication of this closure to traffic patterns in the neighborhoo d . B. City staff is providing some spot elevations to MnDOT, who wil l i n t u r n r e r u n t h e n o i s e model for the neighborhood in an attempt to determine noise lev e l s w i t h a n d w i t h o u t t h e closure and associated berm installation. This information may n o t b e r e a d y b y T u e s d a y night. C. We have contacted the project engineer for TH 5 and are advi s e d t h a t t h e i r g o a l i s t o switch traffic onto the new pavement (westbound or northerly l a n e s ) p r i o r t o w i n t e r . However, some of their operations are weather dependent and t h e y m a y n o t b e a b l e t o do so. If the lane switch is made, they would be providing tem p o r a r y c o n n e c t i o n s a t Carnelian and Heritage Roads either late next week or early the f o l l o w i n g w e e k . It would appear there will be fairly strong support from re s i d e n t s t o m a k e t h e c l o s u r e . However, we would recommend that some sort of public meeti n g p r o c e s s b e e s t a b l i s h e d p r i o r to making a decision for closure. Based on recent past discussio n s w i t h r e s i d e n t s a l o n g E v e n e r Way and previous concerns expressed by residents along Luther W a y r e g a r d i n g t r a f f i c p a t t e r n s , it would be advisable to make certain that all of the residents in t h e n e i g h b o r h o o d b o u n d e d b y TH 5, Eden Prairie Road, Valley View Road, railroad tra c k s , a n d D e l l R o a d h a v e a n opportunity to voice an opinion if Council is inclined toward con s i d e r i n g t h e r e q u e s t . S t a f f w i l l be prepared to address the issue in more detail at the council me e t i n g . EAD:ssa MEMORANDUM TO: Mayor Douglas B. Tenpas and Eden Prairie City Council THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: Laurie Helling, Manager of Recreation Services John Gertz, Historical Interpreter DATE: November 27, 1991 SUBJECT: Request by the Heritage Preservation Commission to Contract with Tellus Consultants for the Eden Prairie Historical Context Survey and Request for Additional Funds for Completing the Project. BACKGROUND In November of 1990, Eden Prairie adopted its Heritage Preservation Ordinance, established the Heritage Preservation Commission and consequently became eligible to receive as a CLG, 107. pass through funds from the Minnesota Historical Society. These funds are made available to CLG's from the federal Heritage Preservation fund for the purpose of identifying and preserving local historical resources throughout the United States. They are also used, after initial historical survey studies, for the purpose of disseminating local history within the community. Shortly after Eden Prairie's HPC was organized, the commission submitted its grant application proposal to the Minnesota Historical Society's State Historic Preservation Office (SHP0) and was awarded $10,000 to begin the historical context study of Eden Prairie. Next, the Commission and City staff prepared the RFP, and published the same in the local paper, seeking professional services to complete the history study. RECOMMENDATION On Wednesday, November 13, 1991 the HPC subcommittee meet to review RFP proposals, and then selected two firms to present their proposals before the entire Commission. On November 25, 1991, Tellus Consultants Inc., and Hess, Rnise and Company were interviewed by the Commission. Both firms were well qualified. However, after considerable discussion, Tellus was selected and hereby recommended by the Heritage Preservation Commission to cnmplete Eden Prairie's historical context study. Mayor Douglas B. Tenpas and Eden Prairie City Council November 27, 1991 Page 2 RATIONALE It is the opinion of the HPC that Tellus represented a more balanced proposal, offering services to the City in important areas of public relations, the availability of a Tellus staff archaeologist, and their willingness to work with appropriate City departments impacted by the study. CONCLUSION AND REQUEST FOR FUNDS The Commission members and City staff have worked hard to bring this important work to the community. The community has responded generously and its businesses, organizations, and individuals have contributed $1,500 toward helping the City meet its matching grant obligation. The Eden Prairie Foundation made a significant contribution towards this end by awarding the HPC $5,000. Together with the Minnesota Historical Society's award of $10,000 (Federal Grant), the City is very close to meeting its total of $19,000. The City's applicant (cash match) amount is $9,000. The City has received $6,500 from the above local contributors for this project. The HPC has approached all local sources for contributions to this project, and still needs an additional $2,500 in order to fulfill requirements of the grant agreement. On behalf of the HPC, staff requests allocation of $2,500 and suggests these possible sources for funding; 1) general fund, 2) historical and cultural budget (Division 67, Program 827), 3) restoration fund (893599). As of October 31, 1991 the unencumbered balance for the Historical and Cultural budget is $6,707. The restoration fund currently has approximately $25,000 which has been earmarked for restoration work at the Cummins-Grill Homestead. Staff recommends that the Historical and Cultural fund be utilized. Thank you for your consideration of the requests. SOIJTMwesr METRO TRANSIT \74,..".•• 7600 Executive Drive Eden Prairie, MN 55344 (612)934-7928 fax (612)937-7411 November 27, 1991 MEMO TO: Mayor Douglas Tenpas and Members Of the Eden Prairie City Council FROM: Diane Harberts, Administrator SUBJECT: Appointment to the Southwest Metro ransit Commission In November 1991, City of Eden Prairie staff requested assistance from Southwest Metro Transit in identifying candidates for appointment to a rotating two-year term (January 1, 1992 - December 31, 1993) on the Southwest Metro Transit Commission. This position must be filled by a resident of Eden Prairie. In the past, it has been filled by Chaska and Chanhassen residents who are users of Southwest Metro Transit services. Southwest Metro Transit placed notices on our express and Dial-A-Ride vehicles to inform riders of the position and its responsibilities and to encourage interested riders to apply for the position. In addition, we contacted Eden Prairie riders who have shown Interest in and commitment to the service. Southwest Metro Transit received letters of interest from three riders (please see attachments). Councilmember Patricia Pidcock also submitted a name for consideration. The four candidates are: Jerry Turner Paula Wielinski Scott Rollin Dennis Wasylyk Commission members represent the interests of their city as they work together to achieve Southwest Metro Transit's goals and objectives. They are responsible for attending Commission meetings on the evening of the fourth Thursday of each month at Eden Prairie, Chaska, or Chanhassen City Hall. In 1992, the SMTC will meet at Chaska City Hall. We hope that the appointment to this position can be made in December in time for orientation before the January 23, 1992 meeting. We are pleased to have this opportunity to assist the City Council in its appointment process. LOS ANGELES • KANSAS CITY MINNLAPOL19 • wASNINGTON. DC • NEW 0000 200 LA SALE' AVENUE MINNEAPOLIS MINNESOTA 13401-2014 TEL III ErE E000 FAX Al] 176 2271 ARCHITECTURE ELLERBE BECKE 1" November 20, 1991 Southwest Metro Transit Commission 7600 Executive Drive Eden Prairie, MN 54344 To Whom It May Concern: Application for Southwest Metro Transit Commission Having recently located from Houston to Minneapolis, I am keenly aware of the advantages of the transit system. Houston had virtually nothing and is continually tied up in controversy of the how to's, what fors, etc. I would like to serve the commission as an appointee because I believe in the transit system. I've been riding Southwest since April, 1991 and wholeheartedly support the service. I ride from the Community Center every day to and from Downtown; however, the times of departure varies occasionally. Prior to relocating to Eden Prairie, I served as President of the Community Association for the neighborhood in which we lived in Texas. In addition to the duties of President, I served in numerous other positions and was actively involved in Board activities for over five years. I am a practicing architect currently employed with Ellerbe Becket. I believe I can be of value to the City of Eden Prairie by being appointed to the Commission. During the evenings I can be reached at 949-0364 and during daytime I can be reached at 376-1820. Thanks for your consideration. Sincerely, ELLERBE BECKET, INC. rner :0M1/swtransit.ltr 4aula Sincerely, November 22, 1991 14052 Chestnut Drive #3 Eden Prairie, MN 55347 • Southwest Metro Transit Commission: I am writing for consideration for being the Eden Prairie Rider Member. I recently moved to Eden Prairie after accepting position at The University of Minnesota. My husband is employed in Eden Prairie. My interest in being a Rider Member stems from a long-time interest in government operations and Urban and Regional planning. In fact, I am considering starting on a Master's degree at the Humphrey Center at the University. I am also interested in the position because I would like to help make transit for Eden Prairie residents more convenient. I ride a 53C,J,or E every weekday. I also use a 16 to and from the University. Some of my community involvement before moving to Minnesota includes volunteer community relations and public relations work in Iowa City, Io w a . I directed a non-profit public relations firm for non-profit organization s , and publicized The University Of Iowa Summer Jobs Fairs. I also volunteered at the community relations department of the Iowa City VA Hospital while working at the University of Iowa Office of Student Financial Aid. If you are interested in contacting me for more information, my day phone is 624-9037 and my evening phone is 934-1726. Best regards, 7: Scott T. Rollin SENT BY;MGMT COMP GROUP :11-20-91 ;10;22AM ; MINNEAPOLIS- 612 937 7411# 2 MC G" November 20, 1991 MANAGEMENT COMPENSATION GROUP Southwest Metro Transit Commission 7600 Executive Drive Eden Prairie, MN 55344 (Fax 937-7411) To Whom It May Concern: This letter will serve as my application for the Rider Representative position on the Transit Commission for the 1992-93 term. I have been an Eden Prairie resident for over four years and have been riding the express bus route into/out of downtown Minneapolis regularly (at least four days a week) for the past two years. My background in board/committee positions consists of a two year term as Vice Chairman of a former employers' credit union, and many positions on committees at St. Andrew Lutheran Church in Eden Prairie. The most recent committee service at St. Andrew was involved with our church-wide building fund appeal to raise money for our relocation and expansion. My desire to be appointed for this position stems both from my wanting to contribute to the community as well as my desire to have a voice in improving the quality of transit services for residents (including myself!) of the southwest suburbs. My home address and telephone numbers are: 18040 Evenston Road Eden Prairie, MN 55346 Home # 934-2684 Work # 333-8810 I believe that I would make a meaningful addition to the Southwest Metro Transit Commission and I would welcome the opportunity to serve. MANAGEMEN7 CIOMPENSAliC,N r's 150 SO: I; F:=7- ',rite S::T 11CO, 7,NEAV. IS, A! ANSSCTA 5i4:2 5:2 3.33-66:0 FAx 612 333 -65C5 1-0.S10N :33 At:GRAS M.S.NEAPO:.li At. "JRK CMAkA fl4ILDPpIfl K3ARAN:0 SAN °A.ANC: S C O AUAA1A, iOSTON 3 DA:t AS MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: City Council Carl Jullie, City Manager James G. Clark, Chief of Folic November 24, 1991 Radio Tower Replacement In 1990, $50,000 in equipment certificates were authorized to provide for replacement of the existins radio tower at the police facility. The complex nature of the engineering, coupled with a significant 14-month Federal review process, prevented the bid process from occurring earlier. Bids were opened on November 21, 1991. Only one bid was received for the tower —$96,359. Potential bidders were surveyed to determine cause of low level participation and to determine if re-bidding the project had merit. A summary of their reasons not to submit bids is attached. The funding shortage could be made up from existing public safety-related accounts which are available in the 1991 budget: • Existing tower replacement budget $50,000 • Remaining civil defense siren replacement funds $12,675 • Fire pager replacement for which equipment certificates were authorized in 1991 TOTAL FUNDS AVAILABLE $97,675 BID AMOUNT $96.359 BALANCE $ 1,316 This project is critical to the effective delivery of public safety and local government services in Eden Prairie. Failure to commence construction immediately may jeopardize the FAA construction permit (valid through March 1992) and result in significantly higher costs, i f allowed to proceed under a subsequent permit. Since only one tower bid was received, it may be possible to negotiate for a price reduction from the bidder. With the new tower in place, a different mode of paging communication is possible and may be accomplished at a cost lower than the $35,000 approved for 1991. It would be prudent to use the $1,300 balance for outside communication engineering design services. RECOMMENDATION: Recommend that Council authorize contract with Tim's Tower Service in an amount not to exceed $96,359 and that the Council authorize the transfer of funds as proposed in this memorandum. JGC:sm Attachments CITY OF EDEN PRAIRIE SURVEY OF BIDDERS - RADIO TOWER PROJECT Due to the unusually small response to the tower project invitation to bid, potential bidders were surveyed in an effort to determine if a flaw in the process discouraged response or if re-bidding the project could result in better participation and or lower costs. Bidders were specifically asked; - Did the size or scale of the job affect your decision to not respond? - Are you too busy to either respond or perform the work? - Was there a specification problem? If so what? - Are you bondable for both the bid bond and performance bond? If the project was offered for bids again, would your response be different? Capitol Communications Bid on radio equipment. - Unable to perform tower work. DisCom of Minnesota - Responded to radio bid. Do not perform tower work, subcontract only. E.F. Johnson - Normally respond only to total system or system add-ons, not this type of project. - Tower work by subcontractors only. General Electric Company - Project too small. - Tower work by subcontractors only. Great Plains Tower Systems Inc - Too busy with tower repairs/replacements resulting from "Mega-Storm 91". Sent specs to another PAGE 1 CITY OF EDEN PRAIRIE SURVEY OF BIDDERS - RADIO TOWER PROJECT out of state tower company who indicated that workers comp insurance was too expensive to work in Minnesota. Also indicated that since they were a non-union shop, they avoid the Twin Cities because of interference with union workers. JPR Communications - Unable to contact, left message. Midwest Tower Erection - Too busy with other work. Mobile Radio Engineering Did not have time to completely respond to bid. Owner stated that it was because they did not begin to analyze the specs until one week prior to bid opening. Stated that distribution was not at fault or time line of project. - Tower work by subcontract only. Motorola Communications & Electronics Project was not of the category which they normally bid, (complete system or add-ons). - Tower work by subcontractors only. Northern States Tower Service - Unable to contact, left message. OK Tower & Building Service - Unable to secure required bonding. RW Sales - Have left the tower business. - Not a radio supplier or installer. Tim's Towar Service - Responded to tower portion of project. Not a radio supplier or installer. PAGE 2 CITY OF EDEN PRAIRIE SURVEY OF BIDDERS - RADIO TOWER PROJECT Tri-State Erection Co Inc Unable to contact, left message. Two Way Radio Inc Too much work at this time. No potential bidder indicated a problem with the bidding or performance schedule. There were no negative comments on the specifications or Indication Lhey were improperly exclusionary. None of the bidders indicated that a re-bid of the project would prompt a different gt tower.015 PAGES 3 PURCHASE AGREEMENT (THIS OFFER IS CONDITIONAL - SEE SECTION 14) THIS AGREEMENT is made as of December , 1991, between Eaton Corporation, an Ohio Corporation ("Seller") and the City of Eden Prairie, a Minnesota Municipal Corporation ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. SALE OF PROPERTY. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property: A. Real Property. The real property located in Hennepin County, Minnesota described on the attached Exhibit "A" as Lot 2, Block 1 (the "Land"), together with (1) all buildings and improvements constructed or located on the Land and all fixtures and property located thereon or therein; including, but not limited to electrical, cooling, heating, ventilation, air handling and other mechanical equipment, motors, door opening and other equipment ("Buildings") and (2) all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property" or the "Property"). B. Access Agreement. An easement for ingress and egress to and from the Property to and from a public street ("Access Easement"), 40' in width extending from the cul-de-sac located at the westerly terminus of Technology Drive in the City of Eden Prairie to the Property all as more fully described in the Access Easement Agreement attached hereto as Exhibit "B". The Access Easement shall continue for such period of time until the construction and opening for public travel of Technology Drive extended westerly to or through the Property. The Buyer shall be responsible for maintaining in good condition the road surface over which the Access Easement is granted for the duration of the Access Easement. The Buyer shall not have any right to access the Land over the property owned by Seller, except as provided in the Access Easement. C. Drainage and Maintenance Easement. An easement granting to Buyer the right to construct, reconstruct, operate and maintain storm drainage -1- pipes and facilities to provide drainage of water from the Land on, over and through Seller's adjoining property (the "Drainage and Maintenance Easement") and providing that Buyer has the right to enter on Seller's adjoining property for the limited purpose of maintaining the storm drain which empties into a pond on Seller's property as further described in the Drainage and Maintenance Agreement in form and substance as Exhibit "C" attached hereto. D. Irrigation Easement. An easement granting to each of Buyer and Seller the mutual right to construct, reconstruct, operate and maintain irrigation pipes and facilities to provide for the sprinkling of water on the Land and on Seller's adjoining property on, over and through the Land and Seller's adjoining property at and on the present location of said irrigation pipes and facilities (the "Irrigation Easement") and providing that each has the right to enter on the others property (the Land and Seller's adjoining property) for the limited purpose of maintaining the irrigation pipes and facilities and that Seller has the right to enter on the Property for the limited purpose of maintaining and mowing around the pond located on Seller's adjoining property as further described in the Irrigation Easement Agreement in form and substance as Exhibit "D" attached hereto. 2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price ("Purchase Price") to be paid by Buyer and Seller is One Million, Thirty-seven Thousand, Five Hundred Dollars ($1,037,500.00) payable as follows: Fifty Thousand Dollars ($50,000.00) as Earnest Money, the receipt of which is acknowledged by Seller. The balance of Nine Hundred Eighty-seven Thousand, Five Hundred Dollars ($987,500.00) to be paid at closing. (The Earnest Money shall be held by Seller's agent, Thorp Brothers, Inc., until closing or return to the appropriate party and upon all of the terms and provisions contained herein.) 3. CONTINGENCIES. The obligations of Buyer under this Agreement, unless waived by Buyer in writing, are contingent upon each of the following: A. Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer on the Closing -2- Date a certificate dated the Closing Date, signed by an authorized representative of Seller, certifying that such representations and warranties are true as of the Closing Date (the "Bring-down Certificate"). B. Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. C. Performance of Seller's Obli.ations. Seller shall have performed all of the obligations required to De peLfuLT.a by Seller under this Agreement, as and when required by this Agreement. Included within the obligations of Seller under this Agreement shall be the following: (1) Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing. (2) Seller shall close and seal any well or wells and remove any storage tank or tanks on the Property in accordance with law. (3) Seller shall have recorded a plat of the Real Property. D. Testing. Buyer shall have determined that it is satisfied with the results of and matters disclosed by soil tests, well tests, engineering inspections, hazardous waste and environmental reviews of the Real Property, all such tests, inspections and reviews to be obtained at Buyer's sole cost and expense. E. Utilities. All utility services, including sewer, water, electricity, gas, and telephone shall have been extended to and available on the Property. 4. CLOSING. A. Seller's Closing Documents. On December 19, 1991 (the "Closing Date"), Seller shall execute and/or deliver to Buyer the following (collectively, "Seller's Closing Documents"): -3- (1) Deed. A Warranty Deed, in form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances and subject only to (a) building and zoning laws, ordinances, state and federal regulations, (b) utility and drainage easements which do not interfere with existing improvements, and (c) Permitted Encumbrances (as defined in Section 6 below), but only to the extent they apply to the Land. (2) Access Easement Agreement, Drainage Maintenance Agreement, and Irrigation Easement Agreement. The Access Easement Agreement, the Drainage Maintenance Agreement, and the Irrigation Agreement granting to Buyer the Access Easement, the Drainage and Maintenance Easement, and the Irrigation Easement, free and clear of all mortgages, liens, and encumbrances, except such as do not and will not interfere with the use thereof by Buyer and except the Permitted Encumbrances, but only to the extent they apply to the Access Easement, the Drainage and Maintenance Easement, or the Irrigation Easement. (3) Bring-down Certificate. The Bring-down Certificate. (4) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which Mechanics' Liens could be filed; and there are no other unrecorded interests in the Real Property. (5) FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable from, containing such information as is required by IRC Section 1445(b)(2) and its regulations. -4- (6) Owner's Duplicate Certificate of Title. The owner's duplicate Certificate of Title regarding the Real Property, if it is registered property. (7) IRS Form. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099. (8) Well Certificate. A certificate signed by Seller warranting that there are no "Wells" on the Property within the meaning of Minn. Stat. f1031, or it there are "Wells", a Well Certificate in the form required by law. (9) Storage Tanks. If the Property contains or contained a storage tank, an affidavit with respect thereto, as required by Minn. Stat. f116.48. (10) Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. B. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): (1) Purchase Price. Buyer will pay Nine Hundred Eighty-seven Thousand, Five Hundred Dollars ($987,500.00). (2) IRS Form. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099. (3) Access Easement Agreement. The Access Easement Agreement and the Irrigation Easement Agreement. 5. PRORATIONS. A. Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. B. Real Estate Taxes and Special Assessments. Seller -5- will pay on or before the Closing Date all special assessments levied, pending, or constituting a lien against the Real Property as of the Closing Date. The real estate taxes payable in calendar year 1991 relating to the Real Property are contained in a tax statement which covers the Real Property and other real estate owned by Seller. Such taxes shall be allocated between the Real Property and the other real estate. The amount allocated to the Real Property shall be Seventy-five Thousand, Eight Hundred Eighty-seven Dollars ($75,887.00). That amount ($75,887.00) shall be prorated between Buyer and Seller with the Seller paying that portion thereof attributable to that part of the calendar year 1991 preceding the date of closing and Buyer paying that part attributable to that portion of 1991 commencing with the date of closing to the end of the year. Taxes on the Real Property payable in 1992 and subsequent years shall be the obligation of Buyer. C. Recording Costs. Seller will pay the cost of recording all documents necessary to place of record title in the condition warranted and requested by Seller in this Agreement. Buyer will pay the cost of recording all other documents. D. Other Costs. All other operating costs of the Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. 6. TITLE EXAMINATION. Title Examination will be conducted as follows: A. Within a reasonable time after approval of this Agreement by the Council of the City of Eden Prairie, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to date covering the Land and the land subject to the Access Easement and the Drainage and Maintenance Easement, including proper searches covering bankruptcies and State and Federal Judgments, liens, and levied and pending special assessments. Buyer shall have thirty (30) days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to -6- make an application for a Title Insurance Policy and notify Seller of the application. Buyer shall have thirty (30) days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the applicable thirty (30) days period set forth above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed. B. Permitted Encumbrances. Buyer acknowledges that the titled to the Land and the lands subject to the Access Easement and the Drainage ad Maintenance Easement may be subject to the following encumbrances ("Permitted Encumbrances"): (1) municipal ordinances restricting the use of the premises, including the provisions of any applicable zoning ordinance. (2) Government regulations affecting the use and enjoyment of the premises, including public zoning, building, environmental law, ordinances and regulations, including but not limited to hazardous waste regulations. Buyer waives any objection to the Permitted Encumbrances and shall not make any title objection thereto. The Permitted Encumbrances shall not be deemed to make title unmarketable. C. Title Corrections and Remedies. Seller shall have 120 days from receipt of Buyer's written title objections to make title to the Land marketable and title to the lands subject to the Access Easement, the Drainage and Maintenance Easement, and the Irrigation Easement marketable, subject only to such mortgages, liens and encumbrances as do not and will not interfere with the use thereof by Buyer. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. (1) If Seller makes title marketable, then upon presentation to Buyer of documentation establishing that title has -7- been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the Closing Date, whichever is later. (2) If Seller proceeds in a commercially reasonable manner to make title marketable, but the 120 day period expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. If the 120 period expires without title being made marketable due to Seller's failure to proceed in a commercially reasonable manner, Buyer may seek, as permitted by law, any one or more of the following: (a) Proceed to closing without waiver or merger in the Deed, Access Easement Agreement, Drainage and Maintenance Agreement, or Irrigation Easement Agreement of the objections to title and without waiver of any remedies, and may: (i) Seek damages, costs, and reasonable attorneys' fees from Seller as permitted by law (damages under this subparagraph shall be limited to the cost of curing objections to title, and consequential damages are excluded), or (ii) Undertake proceedings to correct the objections to title; (b) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; (c) Damages from Seller, including costs and reasonable attorneys' fees, as permitted by law; (3) -8- (d) Specific performance within six (6) months after such right of action arises. (4) If title is marketable, or is made marketable as provided herein and Seller has fulfilled all of its obligations herein and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: (a) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. (b) Seek specific performance within six (6) months after such right of action arises, including costs and reasonable attorneys' fees, as permitted by law. (5) If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (a) Seek damages from Seller, including costs and reasonable attorneys' fees, to a maximum amount of Fifty Thousand Dollars ($50,000.00). (b) Seek specific performance within six (6) months after such right of action arises. 7. OPERATION PRIOR TO CLOSING. From the date hereof to the Closing Date the Seller shall maintain the property in a good condition not less than that in which the property existed on the date of this Agreement. 8. REPRESENTATIONS AND WARRANTIES BY SELLER. Seller represents and warrants to Buyer as follows: A. Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances, except the Permitted Encumbrances. B. Environmental Law. To the best of Seller's knowledge, no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products -9- including gasoline, fuel oil, crude oil and various constituents of such products, any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERLA"), 42 U.S.C. 19601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Real Property, except as provided in Exhibit "E" hereto. No activity has been undertaken on the Real Property that would cause or contribute to (i) the Real Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Real Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. 16901 et seg., or any similar state law or local ordinance, (ii) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Property within the meaning of, or otherwise bring the Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. 11251 et seq., or the Clean Air Act, 42 U.S.C. 17401 t Rm., or any similar state law or local ordinance. In 1986 Seller discontinued discharging sanitary wastes and industrial process waste waters from the Real Property into a pond on property owned by Seller adjacent to the Real Property. There are no substances or conditions in or on the Real Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 11158 ("MERLA") and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. 1115C. Seller has disclosed to Buyer all environmental reports and studies with respect to the Real Property which are in Seller's possession. C. FIRPTA. Seller is not a "foreign person", "foreign partnership", "foreign trust", or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. D. Condition. To the best knowledge of Seller, the -10- buildings, structures and improvements included within the Property are structurally sound and in good repair and all mechanical, electrical, heating, air conditioning, drainage, sewer, water and plumbing systems are in proper working order; provided, however, the roof leaks on occasion. E. Wells. The Seller certifies and warrants that the Sell e r does not know of any "Wells" on the described Property within the meaning of Minn. Stat. f1031. This representation is intended to satisfy the requirements of that statute. F. Storage Tanks. No above ground or underground tanks, are located in or about the Property, or have been located under, in or about the Property and have subsequently been removed or filled, except as provided in Exhibit "F" attached hereto. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing. 9. DAMAGE. If, prior to the Closing Date, all or any part of theReal Property is substantially damaged by fire casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event neither party will have any further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer fails to elect to terminate despite such damage, or if the Property is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the Property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date then there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date, but Seller is diligently proceeding to repair, then Sellers shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage after repair is completed; provided, however, Buyer shall have the right to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repair, or at Buyer's option, the Seller shall assign to Buyer all right to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same. For purposes of this Section, the words "substantially damaged" mean damage that would cost One Hundred Thousand Dollars ($100,000.00) or more to repair. 10. SURVIVAL. All of the terms of this Agreement will survive and be enforceable after the Closing. 11. NOTICES. Any notice required or permitted to be gir -ex—r—by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller; or if it is directed to Buyer, by delivering it personally to an officer of Buyer; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eaton Corporation Eaton Center Cleveland, OH 44114 If to Buyer: Attn: Robert Fallon City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Attn: Gene Dietz Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. 12. REMEDIES. Except as provided in Section 6. hereof, if Buyer defaults under this Agreement, Seller -12- shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within fifteen (15) days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. Except as provided in Section 6. hereof, if Seller defaults under this Agreement, Buyer may seek and recover from Seller (damages for nonperformance) specific performance of this Agreement. 13. WITHDRAWAL OF CONDITIONAL OFFER. This offer shall be deemed to be withdrawn unless accepted by Seller and a fully executed counterpart of this Agreement is received by Buyer on or before 4:00 p.m. Central Daylight Time, December , 1991. 14. INDEMNIFICATION TO BUYER. A. Definitions. As used in this Section 14, the following terms shall have the following meanings: (1) "Environmental Law" means any federal, state, county, municipal, local or other statute, law, ordinance or regulation which may relate to or deal with human health or the environment. (ii) "Hazardous Substances" means asbestos, ureaformaldehyde, polychlorinated byphenyls ("PCBs"), nuclear fuel or material, chemical waste, radioactive material, explosives, known carcinogens, petroleum products and byproducts and other dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials or substances listed or identified in, or regulated by, any Environmental Law. With respect to the Property other than Lot 2, Block 1, Eaton Industrial Addition, hazardous substances also means any pollutants, contaminants, chemicals, materials or substances listed, identified in or regulated by any Environmental Law as may be from time to -13- time amended. (iii) "Property" means Eaton Industrial Addition, according to the plat thereof on file or of record in the office of the County Recorder in and for Hennepin County, Minnesota as of the Closing Date or thereafter. B. INDEMNITY. Seller agrees to defend, indemnify and hold harmless the Buyer, its Council members, officers, employees, agents, successors and assigns (hereinafter collectively referred to as "Indemnitees") from and against, and shall reimburse each such indemnitee for, any and all loss, claim, liability, damage, judgment, penalty, injunctive relief, cost, expense, action or cause of action (i) imposed by any Environmental Law in connection with the Property arising out of or relating in any way to the activity or inactivity of Seller, its predecessors, anyone using the Property, or anyone acting through or on behalf of the Seller, prior to the Closing Date, or (ii) arising out of or in any way related to the use, handling, storage, transportation, manufacture, release or disposal of any Hazardous Substance in, on, or under the Property, or any of them, by the Seller, its predecessors, anyone using the Property, or anyone acting through or on behalf of the Seller, at any time prior to the Closing Date. The foregoing indemnification includes, without limitation, costs in law or in equity of removal, response, investigation or remediation of any kind, injury to person, property or natural resources, as well as the indemnitees' reasonable attorneys' and consultants' fees, court costs and expenses. This agreement to defend, indemnify and hold harmless the Buyer shall survive the closing and shall not merge with any Deed, Easement Agreement, or other document tendered by Seller to Buyer. 15. BROKER'S COMMISSION. Buyer is not responsible for payment of any commission to Seller's broker or agent in connection with this transaction. -14- Seller and Buyer have executed this Agreement as of the date first written above. Dated: , 1991 SELLER EATON CORPORATION By Its Taxpayer I.D. I Dated: • 1991 BUYER CITY OF EDEN PRAIRIE By Carl Jullie Its Manager By Douglas B. Tenpas Its Mayor -15-