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HomeMy WebLinkAboutCity Council - 02/18/1986EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 18, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: IMMEDIATELY FOLLOWING HOUSING & REDEVELOPMENT AUTHORITY MEETING Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath City Manager Carl J. Jullie; Assistant to the City Manager Craig Dawson; City Attorney Roger Pauly; Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. PRESENTATION BY TOM C. WORTHINGTON, OUTDOOR RECREATION PLANNER AND Page 314 ED CROZIER, REFUGE MANAGER, ON THE PROGRESS AND STATUS OF THE MINNESOTA VALLEY NATIONAL WITILTFE REFUGE III. MINUTES A. Regular City Council meeting held Tuesday, November 5, 7985 B. Special City Council meeting held Monday, December 10, 1985 C. Regular City Council meeting held Tuesday, January 7, 1986 D. Special City Council meeting, held Wednesday, January 29, 1986 IV. CONSENT CALENDAR A. Final Plat approval for Parkway Office Center (Resolution No. B. Final Plat approval for Anderson Idlewild Addition (Resolution No. 86-29) C. Final Plat approval for Spring Heights (Resolution No. 86-30) D. Clerk's License List E. Set Public 112Aring. for Street Name Change for West 78th Street West of 1.11 -169-1 for Tuesday, March 18, 1986 F. Metropolitan Development Investment Framework G. Grading Permit for Lake Eden North (South of Franlo Road and west -777eserve Boulevard) Page 315 Page 326 Page 331 Page 345 Page 352 Page 355 Page 358 Page 361 Page 363 Page 368 City Council Agenda - 2 - Tues.,Feb. 18, 1986 V. PUBLIC HEARINGS A. RED ROCK HEIGHTS 3RD ADDITION by Jerry Halmrast and Bill Gilk. Request for Zoning District Change fro Rural to R1-13.5 on 6.4 acres, with shoreland variances to be reviewed by the Board of Appeals, and Preliminary Plat of 14 acres into 7 lots and 3 outlots. Location: Southeast quadrant of Village Woods Drive and View Lane. (Ordinance No. 7-86 - Rezoning from Rural to R1-13.5; Resolution No. 86-27 - Preliminary Plat) B. CARDARELLE III AMENDMENT by Frank R. Cardarelle. Request for Zoning District Change from Office to C-Regional-Service on one acre for existing building. Location: Northwest quadrant of Regional Center Road and Eden Road. (Ordinance No. 8-86 - Rezoning from Office to C-Regional-Service). C. CONSIDERATION OF TAX INCREMENT FINANCING DISTRICT NO. 10 (Resolution No. 86-32) AND RESOLUTION AUTHORIZING REQUT TO CERTIFY ASSESSED VALUE OF REAL PROPERTY IN THE TAX INCREMENT FINANCING DISTRICT NO. 1U Tolution No. 86-317 -- VI. PAYMENT OF CLAIMS NOS. 25381 - 25701 VII. ORDINANCES & RESOLUTIONS A. 1ST READING OF LAKE RILEY SURFACE USE ORDINANCE (Ordinance No. B. RESOLUTION NO. 86-33 AMENDING FEE RESOLUTION NO. 86-01 VIII. PETITIONS REQUESTS & COMMUNICATIONS A. Grading Plans at Flying Cloud Landfill IX. REPORTS OF ADVISORY COMMISSIONS X. APPOINTMENTS A. BOARD OF APPEALS & ADJUSTMENTS - Appointment of 4 members for three-year terms commencing 3/1/86 B. BUILDING CODE BOARD OF APPEALS - Appointment of 2 members for three-year terms commencing 3/1/86 C. DEVELOPMENT COMMISSION - Appointment of 3 members for three- year terms commencing 3/1/86 D. FLYING CLOUD AIRPORT ADVISORY COMMISSION OF EDEN PRAIRIE - Appointment of 2 members (1 representative of the Flying Cloud Businessmen's Association and 1 resident representative) for three-year terms commencing 3/1/86 E. HISTORICAL & CULTURAL COMMISSION - Appointment of 3 members for two-year terms commencing 3/1/86 F. HUMAN RIGHTS & SERVICES COMMISSION - Appointment of 3 members for three-year terms commencing 3/1/86 Page 369 Page 374 Page 378 Page 391 Page 398 Page 399 Page 400 City Council Agenda - 3 - Tues.,Feb. 18, 1986 G. Loss, RECREATION & NATURAL RESOURCES COMMISSION - Appointment of -3-Wembers for three-year terms commencing 3/1/86 H. PLANNING COMMISSION - Appointment of 4 members (3 for three- year terms and 1 to fill an unexpired term to 2/28/87) I. HENNEPIN COUNTY BLOCK GRANT CITIZENS ADVISORY BOARD - Appoint- ...-TiM7---flme representative for an indefinite term commencing immediately XI. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Bgaorts of Councilmembers B. Report of City Manager . 1. Transit Planning Activities 2. Update on City Hall Site Selection Process C. Report 2.f. City Attorney D. Report of Director of Community Services 1. Request from Jim Boyce 2. Hydro/Geological Analysis of Purgatory Creek Recreation Area E. Report of Finance Director 1. Problems with Remote Water Reader Meters (Continued from 2/4/86) XII. NEW BUSINESS XIII. ADJOURNMENT. Page 403 Page 404 Page 409 Page 415 i Page 417 "InA (. 6 14 United States Department of the Interior IFITLY ROTOR TO FISH AND WILDLIFE SERVICE Minnesota Valley National Wildlife Refuge 4101 East 80th Street Bloomington, Minnesota 55420 December 13, 1985 Joyce Provo Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Joyce: As I discussed with you on the telephone, I am trying to schedule an appearance before the city council to present a general update on the progress and status of the Minnesota Valley National Wildlife Refuge. Ed crozier, the refuge manager, and I would like to present a ten minute slide show illustrating the refuge's land acquisition status and the current development of wildlife and recreation programs. We plan to follow the slide show with 5-10 minutes of discussion and a question/answer period. As we discussed we hope to be on the council's agenda for the meeting on Tuesday, February 18, 1986 and will confirm a time with you in the coming weeks. Again, our intention is to provide information to the council and to answer any questions about the present and future development of the refuge. Please call if you have any questions. Sincerely, Tom C. Worthington Outdoor Recreation Planner UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 5, 1985 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael ROLL CALL: All members were present. I. PRESENTATION OF DONATION TO THE CITY BY BRW Don Ringrose, President of BRW, was present to make a $500.00 donation to the City for use by the rescue squad in appreciation of the efforts made by the squad to save the life of Gary Erickson, a Vice-President of the firm, who was injured in an accident during the construction of Arderson Lakes Parkway. Lt. Jim Clark played a video tape of the rescue efforts. Also present were Gary Erickson, Lt. Les Bridger, Fire Chief Ron Johnson, Officers Lance Brace and Tracy Luke. Mayor Peterson expressed his appreciation to those involved in the rescue and to BRW for its contribution to the rescue squad. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda and Other Items of Business as published. Motion carried unanimously. III. MINUTES A. Joint Cit Council/Parks, Recreation & Natural Resources Commission eeting he d ues ay, ugust , MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Joint City Council/Parks, Recreation & Natural Resources Commission Meeting held Tuesday, August 6, 1985, as published. Motion carried unanimously. City Council Minutes -2- November 5, 1985 B. Regular City Council Meeting held Tuesday, August 6, 1985 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the regular City Council Meeting held Tuesday, August 6, 1985, as published. Motion carried unanimously. IV. CONSENT CALENDAR A. Clerk's License List B. CROSSROADS CENTER by Vantage Properties. 2nd Reading of Ordinance No. 26-85, Zoning District change from C-Regional to C-Regional Service on 2.99 acres, with variances; approval of Developer's Agreement for Crossroads Center; and adoption of Resolution No. 85-244, approving Summary of Ordinance No. 26-85 and ordering Publication of Said Summary. 11.4 acres for construction of a commercial center. Location: east side of Highway #169, south and west of Prairie Center Drive. (Ordinance No. 26-85 - rezoning from C-Regional to C-Regional- Service and Resolution No. 85-244 - approving Summary and Publication) C. EDEN PLACE APARTMENTS by Tipton Corporation. 2nd Reading of Ordinance No. 30-85, Zoning District Change from Rural to TM-2.5 on 32.8 acres; approval of Developer's Agreement for Eden Place Apartments; and adoption of Resolution No. 85-245, approving Summary of Ordinance No. 30-85 and ordering Publication of Said Summary. 50.46 acres for 496 apartment units. Location: west of Highway #169, north of Research Road, and east of Purgatory Creek (Ordinance No. 30-85 - rezoning from Rural to RM-2.5 and Resolution No. 85-245 - approving Summary and Publication) D. EDEN POINTE APARTMENTS by Eden Pointe Partnership. 2nd Reading of Ordinance No. 33-85-P1J13-5-85 Zoning District Change from RM-6.5 to RM- 25-PUD-5-85 for 15.3 acres; approval of Developer's Agreement for Eden Point Apartments; and adoption of Resolution No. 85-246, approving Summary of Ordinance No. 33-85-PUD-5-85 and ordering publication of Said Summary. 15.3 acres for 149 units. Location: southeast quadrant of Pioneer Trail and Homeward Hills Road. (Ordinance No. 33- 85-PUD-5-85 - rezoning from RM-6.5 to RM-2.5-PUD-5-85 and Resolution No. 85-246 - approving Summary and Publication) E. DATASERV, INC. by Opus Corporation. 2nd Reading of Ordinance No. 34- 85, Zoning District change from Rural to 1-2 Park; approval of Developer's Agreement for DataServ, Inc.; and adoption of Resolution NO. 85-247, approving Summary of Ordinance No. 34-85 and ordering publication of said Summary. 9.56 acres for an office/warehouse/ser- vice area. Location: 78th Street and Prairie Center Drive. (Ordinance No. 34-85 - rezoning from Rural to 1-2 Park and Resolution No. 85-247 - approving Summary and Publication) , City Council Minutes -3- November 5, 1985 F. Final Plat approval for Carmel Third Addition (Resolution No. 85-254) G. Final Plat approval for Eden Place Apartments (Resolution No. 85-252) H. Final Plat approval for Prairie Village Apartments (Resolution No. 85-253) I. Set 6:00 p. m., Tuesday, December 3, 1985, as time and date for City Council/Watershed District Joint Meeting J. Purgatory Creek Recreation Plan MOTION: Bentley moved, seconded by Anderson, to approve items A - J on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. EDEN PRAIRIE CONVENIENCE CENTER by K. Charles Development Corporation. Request for Comprehensive Guide Plan change from Office to Regional Service, Planned Unit Development Concept Amendment to Lake Idlewild Planned Unit Development, Zoning District change from Rural to C- Regional-Service, and preliminary plat of 2.30 acres for retaurant- tenant retail space. Location: northwest corner of U.S. Highway No. 169 and Eden road. (Resolution No. 85-248 - Comprehensive Guide Plan Amendment; Ordinance No. 35-85 - rezoning from Rural to C-Regional- Service; and Resolution No. 85-250 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bob Vanney, Chip Glaser, and Dick Heise were present to address the proposal. Vanney asked if the proponents could be given a permit to begin grading prior to 2nd Reading. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on October 17, 1985, at which time the Commission voted to recommend approval subject to the recommendations included in the Staff Report of October 4, 1985, and based on the October 3, 1985, plans including the amended mechanical screening plans. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on October 21, 1985, at which time four areas of concern were raised. These included the trail system, the retaining wall, signage on the back of the building, and the request of the proponent to have the cash park fees eliminated. The Commission voted to recommend approval of the request subject to the recommendations included in the October 4, 1985, Staff Report. City Council Minutes -4- November 5, 1985 Redpath questionned where trash would be stored. Vanney explained how this would be handled. Bentley asked about the screening. Enger said the screening would be similar to that used at Hardees. Peterson asked about the windows and expressed concern that they be used to enhance the view rather than as an area where signs might be placed. Vanney explained the use of the building would be primarily office/service/retail which would make good use of the windowed areas. Glaser said the tenants would consist of travel agents, hair stylists, etc. Anderson asked about the trail. Lambert said the trail should be similar to the one on West 78th Street. Pidcock asked about the retaining wall. Lambert said it would be between 13 and 16' high. Enger said the effect of a "living wall" would be created making this an acceptable retaining wall. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-248, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to give 1st Reading to Ordinance No. 35-85. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 85-250, approving the preliminary plat of Eden Prairie Convenience Center for K. Charles Development Corporation. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Staff and Commission recom- mendations. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to grant an early grading permit to the proponents with the full proponent's full knowledge that any grading is being done at their own risk. Anderson said he would like to make certain the landscaping, including the timbers and other materials to be used, are reviewed by City Staff. Pidcock concurred. VOTE ON THE MOTION: Motion carried unanimously. 8. HOYT TECH 5, 6, & 7 by Technology Park Associates. Request for Planned Unit Development District Review, Zoning District change from Rural to Office on 3.21 acres and 1-2 Park on 9.77 acres, and preliminary plat of 17.01 acres. Location: east of Golden Triangle Road and south of Uest 76th Street. (Ordinance No. 36-85-PUD-6-85 - rezoning from Rural of Office-PUD-6-85 and from Rural to 1-2 Park-PUD- 6-85 and Resolution No. 85-251 - preliminary plat) City Council Minutes -5- November 5, 1985 City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Brad Hoyt, developer, addressed the request. Planning Director Enger stated this request had been reviewed by the Planning Commission at its meeting on October 7, 1985, and October 28, 1985. The Planning Commission voted to recommend approval subject to the recommendations included in the Staff Reports of October 4, 1985, and October 25, 1985, and based on plans dated October 23, 1985. Director of Community Services Lambert said this had been reviewed by the Parks, Recreation & Natural Resources Commission at its meeting on November 4, 1985, at which time the Commission voted to recommend approval subject to the recommendations included in the Staff Reports. Anderson expressed concern about development of the creek corridor. He questionned the validity of having a five-story building in this area. He asked if the trail is supposed to tie into another trail. Lambert said a previous plan had been to keep the creek corridor open; however, this is now considered to be an urban area -- and, it is an area with a high line. Lambert stated the trail will connect with the City's trail system in that area. Pidcock asked if Lambert was satisfied with the proposed trail system in this area. Lambert indicated he was. Bruce Long, representing Cherne Contracting, expressed concern about Smetana Lane and the property which Cherne awns in that area and will might become landlocked. Enger said the property is currently isolated due to the change in the grade. He said it would be impractical to extend West 76th Street; Smetana Lane will provide the only access although it will not be a major thoroughfare. Long said he would like to go on record as requesting Smetana Lane be constructed to the Cherne property. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance 36-85-PUD-6-85. Motion carried with Anderson voting *no". Anderson said he had been a member of the Long-range Planning Committee which established the preservation of the Creek valley. He did not think he could vote in favor of the proposal since it violated what had been determined to be preserved. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-251, approving the preliminary plat of Hoyt Tech 5, 6, and 7, for Technology Park Associates. Motion carried with Anderson and Pidcock voting "no". City Council Minutes -6- November 5, 1985 MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement per recommendations of Staff and Commissions. Motion carried with Anderson voting "no". C. FLOOD PLAIN ORDINANCE. Amendment to Code and mapping to meet Flood Insurance Rate Map Criteria (Ordinance No. 37-85) City Manager Jullie indicated notice of this Public Hearing had been published. Planning Director Enger explained that in order to have flood insurance available in accordance with the regulations of the Federal Emergency Management Administration (FEMA) and the Flood Insurance Administrator, the City needs to amend its ordinance code in order to adopt the new Floor Insurance Rate Map by reference. This map dilineates the updated areas with flood risk. The new maps will be corrected, official, and available before the earliest renewal of the flood insurance policies in March of 1986. There were no comments from the audience. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 37-85. Motion carried unanimously. D. PRAIRIE VILLAGE APARTMENTS - Proposed Redevelopment Plan (Resolution No. 85-243) Planning Director Enger noted the Planning Commission had reviewed this proposal and recommended approval of the proposed Redevelopment Plan at its October 28, 1985, meeting. City Attorney Pauly stated the City Council must make findings and approve the proposed Redevelopment Plan before the item can have final action by the Housing and Redevelopment Authority. He said Resolution No. 85-243 will do that. Bentley asked if the Council would be approving a tax increment financing district by adopting this Resolution. Pauly said it would not, but it would be approving the concept of a tax increment financing plan. There were no convents from the audience. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 85-243, approving the Redevelopment Plan entitled "Prairie Village Redevelopment Plan and Tax Increment Plan," dated October 1985. Motion carried unanimously. City Council Minutes -7- November 5, 1985 E. DRAINAGE AND UTILITY EASEMENT VACATION IN PRALLE ADDITION (Resolution No. 85-255) City Manager Jullie said notice of this Public Hearing had been published and notices had been mailed to owners of the two affected properties as well as the utility companies. Director of Public Works Dietz addressed the vacation and noted it was a housekeeping matter. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-255, approving the vacation of a drainage and utility easement on Lots 4 and 6, Block 3, Paulsen's Addition. Motion carried unanimously. F. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $6,200,000 FOR EDEN SQUARE SHOPPING CENTER (Resolution No. 85-228) City Manager Jullie stated notice of this Public Hearing was published. Jullie noted this project has not been reviewed by the Planning Commission; however, the proponent desires early action on the request to avoid possible adverse changes in the laws relating to the use of MID8s. The proponent is seeking $6.2 million in Mins for construction of a 90,000 square foot shopping mall on the northeast quadrant of the intersection of Prairie Center Drive and Highway #169. Redpath asked Finance Director Frane if the City had established a priority system for handling MIOBs. Frane said none of the City's cap is allocated to this request. Bentley asked if this is carried over into next year, would the Council's preliminary approval give the proponent first bid on next year's cap. Frane said he did not believe it would; the City makes no representation to that effect. Ken Norwich, Miller Schroeder, said there is some consideration that there might be some change in the law for next year. If the proponent can get the approval this year and the bonds are sold, then the proponent will be protected by the present law. Norwich stated this is an economically viable project. He said approval is contingent upon zoning approval. Frane asked if the Norwich's client was aware that the City's Council granting of the MIDBs did not indicate an assurance that subsequent approvals involving the development of the property were being given and the client was doing this at his own risk. Norwich said they were aware of this. City Council Minutes -8- November 5, 1985 Enger said the Council has not yet seen this proposal. He wanted the Council to know that this is a strip mall and the City has had a long- standing policy against strip malls. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-228, giving preliminary approval to a project under the Municipal Industrial Development Act, referring the proposal to the Minnesota Department of Energy and Economic Development for approval, and authorizing preparation of necessary documents; the adoption of this Resolution does not constitute a guarantee or a firm commitment that the city will issue the bonds as requested by the Developer; if zoning is not forthcoming, the City will not issue the bonds. Motion carried unanimously. VI. PAYMENT OF CLAIMS NOS. 23388 - 23718 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 23388 - 23718. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS There were none. VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. William Gilk request for administrative division City Manager Jullie called attention to Director of Public Works Dietz memorandum of October 31, 1985, in which this matter was addressed. Dietz spoke to the issues raised in his memorandum. William Gilk, proponent, addressed the request. MOTION: Pidcock moved, seconded by Anderson, to approve the request of William Gilk for an administrative division of property which he owns north of Scenic Heights adjacent to the "School Pond" near Central Middle School. Bentley asked what would happen if the Council did not vote to grant the division. Gilk said he would be left with an unbuildable lot. VOTE ON THE MOTION: Motion carried unanimously. City Council Minutes -9- November 5, 1985 B. Request from Kelly R. Sharkey to discuss City's Housing Code Pidcock said she would abstain from discussion on this item because she is involved in litigation with Sharkey. Peterson said Sharkey believes that the City's Housing Code is inadequate and asked to discuss this with the Council. Sharkey reviewed the experiences he and his family had while living in a rental unit for three years. He said he believed the City should have a Housing Code such as those in effect in Bloomington and St. Louis Park. He said he thought the tenants in Eden Prairie deserved this type of protection; he stated that tenants should have rights also. Peterson asked about the absence of a housing code in the City. City Attorney Pauly said there is no provision in the present City Code that spells out the rights and privileges of a tenant versus a landlord. He said this might be an area which the Council would like to have explored. Redpath said he would like to have the Staff study the issue and also look into provisions for inspecting houses before they are sold which is something that is done in some other communities in the area. Bentley said he would like to find out what the City's responsi- bilities, obligations, liabilities, etc. are relative to the enactment of a city housing code. Anderson said he believed it was important to have a housing code and said it was something which the Human Rights and Services Commission should take a look at. Peterson said he did not know what the costs would be to administrate such a code. Anderson said he thought that was one of the issues which could be consider by the Human Rights and Services Commission. Bentley said he believed the first question to be answered was a legal one -- does the City even want to get into this area in term of liability. City Manager Jullie stated there are provisions already in the City Code which would protect the tenant. MOTION: Bentley moved, seconded by Anderson, to instruct Staff and the City Attorney to explore what is involved in a housing code and to report back to the Council by the January 21, 1986, meeting of the City Council. Motion carried with Pidcock abstaining. IX. REPORTS OF ADVISORY COMMISSIONS There were none. City Council Minutes -10- November 5, 1985 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley - outlined the parameters to be used in the evaluation form for review of the City Manager. He said the procedure to be used will follow that used by the School District; the manager should be reviewed as a reflection of the City's performance; specific personnel problems will be excluded; performance to other communities is to be avoided; and input from the other members of the Council will be helpful in putting together the evaluation form. Each member of the Council would submit the evaluation forms to the Mayor who would compile the rating points. The evaluation would then be reviewed at a regular or special meeting of the Council. The review sheets would be submitted to the City Manager after the public review for his own personal analysis and then the review sheets would be kept in the Manager's personnel file. This is the method used by the School District. Bentley said it is going to be difficult to make comparisons this year, but future evaluations should include criteria for such comparisons. Anderson said he would like to commend Bentley and Pidcock for their work on this. MOTION: Anderson moved, seconded by Pidcock, to continue work on the evaluation form at the next meeting of the City Council. Motion carried unanimously. Peterson - noted there will be a meeting at 9 a.m. on Thursday, November 7, 1985, at the Fire Station regarding the County's plans for Baker Road. Anderson said he objects to the meeting because only a couple of neighborhoods are involved. He said that a 9 a.m. meeting on a Thursday precludes 99% of the population from being there. Redpath said the St. John Woods residents have more problems and are more directly involved in this whereas others are not as greatly impacted. Director of Public Works Dietz said the questions specifically addressed by John Palm at the City Council meeting will be spoken to at this meeting. He said that neighborhoods have never been invited to a design project review. Dietz said that Director of Community Services Lambert had taken the concept of sidewalks along Baker Road to the Parks, Recreation & Natural Resources Commission and it recommended that an asphalt path be constructed on the east side and that a concrete path be constructed on the west side form Tanager Creek north to 62nd Street. The residents of St. John Woods would then be tied into the path system via Tanager Creek and this would also provide access to the park. City Council Minutes -11- November 5, 1985 B. Report of City Manager City Manager Jullie said he had met today with representatives of BFI regarding the Landfill. Another meeting is scheduled for the first part of December. C. Report of City Attorney City Attorney Pauly said he would like to meet with the Council following the meeting to discuss outstanding litigation. XI. NEW BUSINESS There was none. X. ADJOURNMENT The meeting was adjourned to a closed session at which time pending litigation was discussed. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MONDAY, DECEMBER 30, 1985 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 4:00 RM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, City Attorney Rick Rosow, Finance Director John D. Frane, Senior Planner Mike Franzen, and Recording Sec- retary Karen Michael ROLL CALL: Councilmember Pidcock arrived at 4:10 p.m. I. APPROVAL OF AGENDA MOTION: Anderson moved, seconded by Bentley, to approve the Agenda as published. Motion carried unanimously. II. CONSENT CALENDAR A. Final approval of Municipal Industrial Bonds for Eden Square Shopping Center in the amount of $6,200,000.00 (Resolution No. 85-289) B. Final approval of Housing Revenue Bonds for Baypoint II in the amount of $7,300,000.00 (Resolution No. 85-289) C. Final approval of Housing Revenue Bonds for Preserve Place in the amount of $4,235,000.00. (Resolution No. 85-290) MOTION: Redpath moved, seconded by Anderson, to approve item A - C on the Consent Calendar. Bentley asked if all of these proposals have zoning. City Manager Jullie stated that Eden Square does not, but that preliminary approval for zoning has been given. Anderson asked how this fit into the resolution which the Council adopted at its last meeting regarding the fact that zoning was necessary before housing revenue bond approval was considered. Jullie said that resolution related to the preliminary inducement resolutions for housing revenue bonds. City Council Minutes -2- December 30, 1985 Councilmember Pidcock arrived. VOTE ON THE MOTION: Motion carried unanimously. III. PUBLIC HEARINGS A. Request for Housing Revenue Bonds for Eden Pointe in the amount of $7,865,000 City Manager Jullie said this was a rehearing of a prior hearing to perfect the TEFRA rules. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing. Motion carried unanimously. IV. ORDINANCES & RESOLUTIONS A. Final approval of Housing Revenue Bonds for Eden Pointe in the amount of $7,865,000 (Resolution No. 85-291) City Manager Jullie indicated adoption of this resolution would give final approval to a 143-unit proposal in the southeast quadrant of Homeward Hills and Pioneer Trail. City Attorney Rosow stated all the documents are ready. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 95-291, authorizing a project under Minnesota Statutes, Chapter 462C and the issuance of multifamily housing development revenue bonds to finance the project. Motion carried unanimously. B. Final approval of Housing Revenue Bonds for CSM in the amount of $64,000,000 (Resolution No. 85-292) City Manager Jullie noted that this as a special project in that the zoning for the project has not been reviewed. Jullie recommended the proponents be given the opportunity to explain their proposal to the Council. There was discussion as to whether or not the Council should consider the proposal based on whether or not they could "reasonably" expect it to be built. Pidcock asked how approval of this might affect the City's bonding authority. City Attorney Pauly said if the City does not have a basis City Council Minutes -3- December 30, 1985 on which to make the determination that the project has a reasonable basis for being built, the result will be that the interest on the bonds will not be tax exempt and could result in the City's certificates for subsequent bond issues not being acceptable to the IRS. Peterson said that if the City made a good-faith effort towards the proposed project then it would be possible for the project to be revised. Rosow said the City would have to reasonably expect that 800 units will be built. If the project should be scaled back when it comes to the zoning, that is not considered arbitrage. Gary Holmes, President of CSM, addressed the proposal. Holmes said the proposal calls for a density of 20.2 units per acre and the property is not presently zoned for that. He stated that the Cherne property on which this is proposed consists of 66+ acres of which 37 acres are buildable; 27 acres are wetlands. He noted that Cherne has agreed to sell CSM additional land so the project can be completed. He said that with a project of this size, amenities such as indoor racquet ball courts, tennis courts, party rooms, etc. can be included. Holmes indicated there were many ways which this could be built; at the present one of the buildings would be ten-stories with the other buildings being 4-stories and 6-stories. Holmes said this could be changed and they are willing to work with Staff to come up with an acceptable plan. Bentley expressed concern with the degree of the project. He wondered what would happen if, during the process of review, it was determined that this site was not appropriate for high density residential. Rosow said in order for the Council to approve these bonds it would have to reasonably assume this project would be built. Rosow stated that, based on the revenue ruling which the Council had discussed at a previous meeting, the City is a long way from any sort of a bad-faith issuance of bonds. Rosow said the Council has to determine whether or not it is comfortable with the project as it sees it. Anderson said there are two key words which bother him -- "reasonably" and "comfortable". Redpath referred to the December 27, 1985, memorandum from the Planning Staff in which this proposal was addressed. He asked if Staff was recommending "no go". Senior Planner Franzen said Staff had not had time to complete a detailed review of the project, but had identified a number of concerns related to the zoning code. Franzen also said there were questions regarding the density. Bentley asked if the proposal would be reviewed using criteria established for the Major Center Area (MCA). Bentley said he believed criteria for the MCA was and should be different regarding setbacks, building height, mass, density, etc. Redpath concurred. Jullie said there had been discussions from time-to-time about setting up some special zoning City Council Minutes -4- December 30, 1985 code amendments in the MCA so developers would not have to go through the variance process. Redpath noted that these were the recom- mendations included in the Major Center Area Study which was done a number of years ago. Jullie reviewed the process which had been used in the MCA Study. Lloyd Cherne, owner of the property, said he had heard for some time that this property would be for high-density residential use. He noted that over the years he had opportunities to sell the property for office use as well as low-density residential use. He stated he had more property he would be willing to sell to the developer to make the project possible. Bentley said he has been the major complainer about bonds such as housing revenue bonds. He said in looking at this project there is something in it which has not existed in some of the other proposals. He said he believes that tax-free bonds should be used by the City as a tool for development; they should be used as a tool to develop areas which the City would like to see developed. He said he believed the question to be whether or not it is appropriate to use housing revenue bonds on this site and he said he believed it was appropriate. Bentley said another issue which should be considered by the Council is whether the type of use is consistent with what has been envisioned in a particular area and, again, he felt this was consistent with that. Bentley said he felt that 800 units could reasonably be built on this site and that the Council has no reason to believe that they would not be built. Bentley asked what would happen to the bonds between the time they are sold and the time the developer has gone through the zoning process. John Larson, bond counsel with Holmes and Graven, said the proceeds from the bonds would be invested in Treasury bills and the interest paid would be the same on both the bonds and the proceeds so there would be no arbitrage. Larson said after March there could be arbitrage earnings which could be used by the developer for expenses incurred in the process of development. Anderson asked what would happen if the Council granted approval f3;. the bonds tonight and then did not approve the project when it came through the development process. Rosow stated there is a statement in the resolution for approval of the bonds which states the City does not guarantee zoning. Rosow said the Council does not have an obligation to rezone based on action taken on the bonds. Bentley said it seemed to him that the proponent appeared to be willing to work with the City to work out the questions which had been raised by the Staff. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-292, authorizing the issuance, sale and delivery of the $64,000,000 housing development revenue bonds (Fountain Place Apartments Project), City Council Minutes -5- December 30, 1985 Series 1985 (the 'bonds"), which bonds and the interest and any premium thereon shall be payable solely from revenues derived from revenues pledged pursuant to the indenture; approving the form of and authorizing the execution and delivery of an indenture of trust, a loan agrement, and a bond purchase and remarketing agreement; approving the covenants, and confidential offering memorandum; approving the form of and authorizing the execution and delivery of the bonds; and providing for the securities, rights and remedies of the holder of said bonds. Motion carried with Pidcock voting "no". Anderson said he felt the information in the packet raised some questions. He said he would like to see something like this done, but he hoped the Council would not be caught in a bind by approving the bonding prior to reviewing the rezoning proposal. V. ADJOURNMENT The Council adjourned to a special session at which time City Attorney Pauly discussed pending litigation. 330 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 7, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath City Manager Carl J. Jullie; Assistant to the City Manager Craig Dawson; City Attorney Roger Pauly; Planning Director Chris Enger, Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael ROLL CALL: Councilmember Anderson arrived at 8:00 p.m. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: XI. B. Martin Luther King Holiday, and XI. B. 2. Authorization for a Federal Grant Application. Action on the Minutes was deferred until the arrival of Councilmember Anderson. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously (Bentley, Pidcock, Redpath and Peterson were present for the vote). Director of Community Services Lambert introduced Rick Bolinske, Superintendent of Recreation, who began working for the City on January 6, 1986. II. PRESENTATION BY SUBURBAN HENNEPIN REGIONAL PARK DISTRICT Neil Weber, Hennepin County Parks Commissioner, introduced Marty Jessen who reported on changes in the Park District as well as new developments. Jessen also showed slides which represented activities available in the various parks. City Council Minutes -2- January 7, 1986 III. MINUTES A. Regular City Council Meeting held September 3, 1985 MOTION: Pidcock moved, seconded by Anderson, to approve the Minutes of the Regular City Council Meeting held September 3, 1985, as published. Motion carried unanimously. B. Regular City Council Meeting held November 19, 1985 Page 8, para. 2, line 8: change "affects" to "effects"; Page 12, para. 1, line 7: change "would not" to "did not feel the City Council would"; Page 14, line 1: change "could" to "should"; Page 16, para. 2, line 4: change "feel" to "have knowledge of". MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Regular City Council Meeting held November 19, 1985, as amended and published. Motion carried unanimously. IV. CONSENT CALENDAR A. Order feasibility report for Trunk Sewer and Water Improvements in the vicinity of the Red Rock InterceNkor (formerly MRS Service) Dis- trict), I.C. 52-088 (Resolution No. 86-14) B. Amendment to the Cable TV Agreement C. 2nd Reading of Ordinance Mo. 42-85, Park Use Ordinance D. Set 6 p.m., February 4, 1986, as time and date of joint meeting with Planning Commission E. SIGNATURE II OFFICE BUILDING, by •RTT Joint Venture. 2nd Reading of Ordinance #44-85, Zoning District Change from Rural to Office on 4.07 acres; Approval of Developer's Agreement for Signature II Office Building; and Adoption of Resolution #85-293, Authorizing Summary of Ordinance #44-85 and Ordering Publication of Said Summary. 4.07 acres into one lot for construction of a 54,000 square foot office building. Location: West of U.S. #169, East of City West Parkway. (Ordinance #44-85, Zoning District Change from Rural to Office; Resolution #85-293, Authorizing Summary and Publication) F. Resolution No. 86-02, designating the Official City Newspaper G. Resolution No. 86-03, authorizing City Officials to transact banking business City Council Minutes January 7, 1986 H. Resolution No.86-04, authorizing use of facsimile signatures by Public Officials I. Resolution No. 86-05, designating depositories J. Resolution No. 86-06, authorizing the treasurer to invest City of Eden Prairie funds V. PUBLIC HEARINGS A. FLYING CLOUD OFFICE BUILDING, by Oakwood Builders. Request for Zoning District Change from Rural to 1-2 Park on 2.29 acres for construction of a 10,000 square foot office/warehouse. Location: South of Pioneer Trail, east of Highway #169. (Ordinance #1-86, Rezoning from Rural to 1-2 Park) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jack Haverly, Oakwood Builders, addressed the request. Councilmember Anderson arrived at 8:00 p.m. Planning Director Enger said this request had been reviewed by the Planning Commission at its meetings on November 25, 1985, and again on December 9, 1985, at which time the Commission voted to recommend approval subject to the revised plans dated November 8, 1985, and December 5, 1985, and the recommendations of the December 6, 1985, Staff Report. Peterson asked about the impact of the proposal on the area to the north. Haverty said the building would have jogs on the northern exposure which would break the expanse; it would be constructed of glass and burnished block for a nice effect. Pidcock asked about the noise level from the building. Haverly said there would be none as the use would be strictly that of office with the warehouse area used strictly for storage. Pidcock expressed concern about the Schaitbergers who have lived in their home for 35 years. Jeff Worth, 9510 Yorkshire Lane, read a letter he had written to the Council explaining his position regarding the request. (Letter is attached to these Minutes.) City Council Minutes -4- January 7, 1986 Harold Schaitberger, 12880 Pioneer Trail, ref e r r e d t o h i s l e t t e r w h i c h was included in the Council packet. He said h e h a s c o n t e n d e d o v e r t h e years that that there should be an area, not j u s t a b e r m , b e t w e e n t h e industrial area and his residence. Russell Michael, 9607 Yorkshire Lane, expr e s s e d c o n c e r n a b o u t t h e children who wait for the school bus on this c o r n e r ; h e s a i d t h e r e a r e safety factors to take into consideration befo r e a p p r o v i n g t h i s . Clay Gunnarson, owner of the land, review e d t h e h i s t o r y o f h i s ownership of the property. He said that there w a s a l o t m o r e t r a f f i c on the road which is Pioneer Trail before C S A H 1 w a s r e r o u t e d . H e stated he did not believe the request would g r e a t l y c h a n g e t h e a m o u n t of traffic in the area. Gunnarson said he b e l i e v e s h e h a s t h e r i g h t to develop his property. Glenn Nybeck, attorney for Schaitberger, r e f e r r e d t o h i s l e t t e r o f December 6, 1985, which was addressed to the P l a n n i n g C o m m i s s i o n e r s . Nybeck said the Council should consider t h i s a s p e c i a l s i t u a t i o n whereby Schaitberger would not suffer an econ o m i c l o s s . Gerard Wersal, 12645 Sunnybrook Road, sai d h e t h o u g h t a d e c i s i o n should be made on the whole area rather than j u s t o n e p a r c e l . H e s a i d he thought the question was whether this sh o u l d b e a c o m m e r c i a l o r a residential area. He suggested perhaps it m i g h t b e a g o o d i d e a t o wait and see what happens with the Flying C l o u d L a n d f i l l . B e n t l e y noted the City's policy is and has been to a c t o n s p e c i f i c z o n i n g proposals rather than to zone areas enmass e . B e n t l e y r e c a l l e d h o w many people were opposed to the building of t h e Y o r k s h i r e L a n e a r e a largely due to the fact that there would be d e v e l o p m e n t o t h e r t h a n residential in that area. Bentley said he be l i e v e d t h e s i t e a p p e a r e d to be appropriate for the use under considerat i o n . Enger said that Schaitberger had asked if h i s p r o p e r t y m i g h t b e t h e location selected for a new fire station; t h i s m i g h t b e a w a y f o r Schaitberger to sell his property. En g e r s a i d h e h a d a s k e d Schaitberger if he would like to have his ho m e d e s i g n a t e d a n i n t e r i m use which would be similar to those homes in t h e M a j o r C e n t e r A r e a . Pidcock asked the City Attorney if he had se e n a n y l a w s w h e r e b y t h i s type of issue was dealt with fairly and eq u i t a b l y . P a u l y s a i d h e understood the U.S. Supreme Court will he a r a c a s e l i k e t h i s o n appeal; he did not know of any cases like this i s M i n n e s o t a . Redpath said he believed the City had used t h e i n t e r i m u s e c a t e g o r y successfully in other areas of the City. He s a i d h e w o u l d l i k e t o s e e that tried with the Schaitberger propert y . S c h a i t b e r g e r s a i d h e City Council Minutes -5- January 7, 1986 thought this would be detrimental to the value of his home. Pauly said the interim use is limited to the Major Center Area but the Code could be amended to include this area. Pidcock said, from a realtors point of view, an interim-use designation would be good for this parcel. Bentley said the City is not proposing anything for the Schaitberger property at this time. The City is being asked by the proponent to look at a proposal and to act on that. Bentley noted the City runs the risk of a law suit when the action is arbitrary and capricious. He said the questions is whether or not the effects of this on the Schaitberger property can be mitigated. Peterson asked what would become of the property to the east of the Schaitberger parcel if the Shaitberger property were designated for an interim use. Enger said the Guide Plan relects the area to the east as medium-density residential; this had been done at the request of the Fraser School. Enger said it would make sense to continue the industrial use to the east. He said it is entirely possible that another use could core in for that parcel. Schaitberger said he thought the question was how close can an industrial use come to an existing residential use. MOTION: Redpath moved, seconded by Anderson, to continue action on this request to January 21, 1986, and to instruct Staff to work with Schaitberger and Nybeck to come up with a solution. Bentley said the issue of transition might be a bit premature. The City might find it more appropriate to come up with an overall development plan for that area. Pidcock said she thought the Council, by continuing action, was putting Mr. Gunnarson in an untenable situation. Peterson said he believed that traffic volumes on Pioneer Trail will always be less than what they were before County Road 1 was rerouted. He said he felt the Council should be concerned about the Yorkshire Point neighborhood. VOTE ON THE MOTION: Motion carried unanimously. B. EDEN LAKE NORTH, by Commercial Excavating, Inc. Request for Zoning District Change from Rural to R1-13.5 and Preliminary Plat of 32.5 acres for single family residential. Location: Franlo Road and Preserve Boulevard. (Ordinance #2-86, Rezoning from Rural to R1-13.5; Resolution #86-11, Approving Preliminary Plat) 3S City Council Minutes -6- January 7, 1986 City Manager Jullie stated notice of this Public Hearing had been published and notices had been sent to surrounding property owners. Dick Putnam, Tandem Corporation, and Peter Molinaro, Engineer with Enebak Construction, addressed the request. Planning Director Enger said this item had been reviewed by the Planning Commission at its meeting on December 9, 1985, at which time it voted to recommend approval subject to the recommendations included in the December 6, 1985, Staff Report. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed the proposal and had voted to recommend approval. The Commission had recommended that the City accept land in lieu of cash park fees as outlined in the Supplementary Staff Report to the December 6, 1985, Planning Staff Report. Redpath asked if the building pads only would be filled in. Molinaro said the building pads and the street areas. Anderson asked how much fill it would take to guarantee there would be no settling. Putnam explained that this proposal is different in that there are very bad soils in the area. He stated that they are going down to the good ground even if it has to be twenty feet. He said they have requirements which must be met so the homebuyer is protected. Bentley asked if the City has any plans for a sidewalk on the west side of Preserve Boulevard. Director of Public Works Dietz said that will be constructed this year. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No. 2-86. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 86-11, approving the preliminary plat of Eden Lake North for Commercial Excavating, Inc. per the plans dated January 7, 1986. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement per Commission and Staff recom- mendations. Motion carried unanimously. C. AMOCO OIL COMPANY, by Amoco Oil Company. Request for PUD Concept Amendment, Zoning District Change from Rural to C-Reg-Serv for self-serve gasoline station, convenience store, and car wash; and City Council Minutes -7- January 7, 1986 preliminary plat of 6.79 acres into one lot and one outlot. Location: Anderson Lakes Parkway and Highway #169. (Resolution No. 86-12 - PUD Concept Amendment; Ordinance No. 3-86 - Zoning District Change from Rural to C-Reg-Serv; and Resolution No. 86-13 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jim Phillippi, North Star Engineering, consultant and spokesman for the proposal, addressed the request. Planning Director Enger stated this request had been reviewed by the Planning Commission at its meeting on December 9, 1985, at which time It recommended approval subject to the recommendations included in the December 6, 1985, Staff Report. Pidcock asked about the impact of a gas station on the adjacent daycare center; were these uses compatible. Phillippi said from a safety standpoint there is very little problem. Pidcock said she was concerned about the fumes which would be generated. Bentley said concern had been expressed by some residents who were unable to stay for this Public Hearing about the number of gas stations which are being built along 169. Enger said this use replaces a restaurant in the PUD; the restaurant would have been a fast-food restaurant. Redpath noted the Council had recently approved 1700 apartment units across the street from this and the residents of those units would find this to be a convenience. Libby Hargrove, 12640 Sunnybrook Road, asked where the access to the station would be. Phillippi said it would be off of Aztec Drive and not off of Highway 169. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 86-12, approving the Amoco Oil Company Planned Unit Development Concept Amendment to the overall National Child Care Planned Unit Development. Motion carried with Pidcock voting "no". MOTION; Redpath moved, seconded by Bentley, to give 1st Reading to Ordinance No. 3-86. Motion carried with Pidcock voting "no". MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 86-13, approving the preliminary plat of Amoco Oil Company for Amoco Oil Company. Motion carried with Pidcock voting "no". MOTION: Redpath moved, seconded by Bentley, to direct Staff to prepare an addendum to the Developer's Agreement for the National Child Care PUD as recommended by the Planning Commission and Staff. Motion carried with Pidcock voting "no". City Council Minutes -8- January 7, 1986 VI. PAYMENT OF CLAIMS NOS. 24545 - 24877 MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 24545 - 24635 and 24636 - 24877. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS A. Resolution No. 86-07, designating the official meeting dates, time and place for the City of Eden Prairie Council members in 1986, and appointing an Acting Mayor MOTION: Pidcock moved, seconded by Redpath, to adopt Resolution No. 86-07, designating the official meeting dates, time and place for the City of Eden Prairie Council in 1986, and appointing Paul Redpath as Acting Mayor. Motion carried unanimously. B. Resolution No. 86-16, Sexual Harassment Policy City Manager Jullie recommended adoption of the sexual harassment policy and stated that Assistant to the City Manager Dawson has been in contact with the Government Training Center which will provide training on this for all employees. The cost of the training will be between $500 and $1000. MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No. 86-16, establishing a policy regarding sexual harassment. Motion carried unanimously. VIII. APPOINTMENTS A. Association of Metropolitan Municipalities - Appointment of 1 Rep- resentative and 4 Alternates. MOTION: Bentley moved, seconded by Redpath, to appoint Mayor Peterson as the City's Representative to the Association of Metropolitan Municipalities with Councilmembers Anderson, Bentley, Pidcock, and Redpath as alternates. Motion carried unanimously. Peterson said he would be unable to attend the meeting scheduled for January 9, 1986; Pidcock said she would serve as the City's Representative. B. Appointment of Director and Alternate Director to the Suburban Rate A uthority (Resolution lo. 86-8) MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-8, appointing John Frane as the Director and Paul Redpath as the 6-6-t City Council Minutes -9- January 7, 1986 Alternate Director to the Suburban Rate Authority. Motion carried unanimously. C. Health Officer - Appointment of 1 Health Officer for the year 1986. Appointment by the Mayor with consent of the Council. MOTION: Anderson moved, seconded by Pidcock, to confirm the appointment of Dr. Waldemar Cruz as the City's Health Officer for 1986. Motion carried unanimously. D. South Hennepin Human Services Council - Appointment of Council Rep- resentative and City Staff Representative MOTION: Bentley moved, Seconded by Pidcock, to continue action on this appointment to the January 21, 1986, meeting of the City Council. Motion carried unanimously. E. MAFIA Board (Western Area Fire Training Association) - Appointment of 1 Representative to serve a 1-year term commencing 1/1/86 MOTION: Pidcock moved, seconded by Redpath, to appoint George Bentley as the Representative to the WAFTA Board. Motion carried unanimously. F. Transit System Committee - Appointment of Council representative MOTION: Pidock moved, seconded by Anderson, to appoint Mayor Peterson and Councilmember Bentley to the Transit System Committee. Motion carried unanimously. G. Architectural Advisory Committee - Appointment of members to to the Architectural Advisory Committee MOTION: Bentley moved, seconded by Pidcock, to continue action on these appointments to the January 21, 1986, meeting of the City Council. Motion carried unanimously. IX. PETITIONS, REQUESTS & COMMUNICATIONS A. NORMANDALE TENNIS CLUB BY Arteka, Inc. Request for Site Plan Peview for a tennis club. Location: southeast quadrant of Baker Road and West 62nd Street. - continued from December 17, 1985. City Manager Jullie stated Staff had met with the proponent and a plan has been developed which reshapes the knoll and lowers it from an original elevation of 1,007 feet to 1,002 feet. Jullie indicated there is still room on the site to raise the knoll to the original 1,007-foot contour, and the proponent has indicated a willingness to do this work. A three-foot retaining wall would be built along the western base of the knoll adjacent to the parking areas. The revised site plan shows a loss in parking from 317 to 305 spaces; however, an additional 22 proof-of-parking spaces are shown. City Council Minutes -10- January 7, 1986 Redpath said he was satisfied with the outcome after reading all the reports. Andeson concurred. Peter Beck, representing the proponent, said they had submitted revised plans as a possible solution. Beck stated the proponents would strongly prefer the original plan because it would give the Club greater visibility from the Crosstown and the fact that 12 parking spaces would be lost under the revised plan. Beck said the area of the knoll was to have been an area for snow storage in the winter; and the revised plan will result in additional costs for snow removal. MOTION: Redpath moved, seconded by Pidcock, to approve the Site Plan according to the revised plans for Normandale Tennis Club. Bentley indicated he would vote "no" on the motion because he believes this is the wrong zoning for the site and there is not enough parking. VOTE ON THE MOTION: Motion carried with Bentley voting *no". B. Request by Richard Sentz for City Council to amend Section 5.70 to permit a commercial horse stable on 7 acres instead of the required 10 acres City Manager Jullie stated Sentz is requesting the Council consider an amendment to Section 5.70 of the City Code relating to Commercial Stable Operations. Jullie called attention to the memorandum dated December 31, 1985, from Jean Johnson, Zoning Administrator, relating to this issue. Richard Sentz, 12650 Sunnybrook Road, addressed the request. Sentz asked that he be given additional time to reduce the number of horses he has to 4 and that a variance be considered so he can have eight rather than four horses. He said he felt his horses added to the beautification of Eden Prairie. Bentley said he could see no justification in changing the City Code. He said he would like to see a deadline placed as to when the number of horses had to be reduced; and if the number was not reduced by that time, it would then be an issue to be dealt with by Public Safety. MOTION: Bentley moved, seconded by Anderson, to not consider amending the City Code as requested by Richard Sentz. Redpath said he was disturbed by the fact that Sentz had been contacted by City Staff regarding his violations of the City code and he had ignored Staff's letters. 3(43 City Council Minutes -11- January 7, 1986 VOTE ON THE MOTION: Motion carried unanimously. Redpath asked how long it would take for Sentz to get rid of his extra horses. Sentz said he could be rid of them in a week. MOTION: Redpath moved, seconded by Pidcock, to give Sentz until January 29, 1986, to solve the situation with the excessive number of horses and to have the number of horses on his property down to four by that time. Motion carried unanimously. MOTION: Pidcock moved, seconded by Redpath, to remove the fence which Is on City right-of-way by April 15, 1986. There was discussion as to what the best date would be as the deadline for the removal of the fence. VOTE ON THE MOTION: The motion carried unanimously. C. Adopt Findings and Conclusions relating to the request of Welcome Home MOTION: Redpath Moved, seconded by Anderson, to adopt the Findings and Conclusions relating to the request of Welcome Home. Motion carried with Bentley and Peterson voting "no". X. REPORTS OF ADVISORY COMMISSIONS There were no reports. XI. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Reports of Council Members 1. Policy on City Employee memberships in Community Service Clubs MOTION: Redpath moved, seconded by Bentley, to continue action on this item to the January 21, 1986, Meeting of the City Council. Motion carried with Anderson and Pidcock voting 'no'. 2. Finalize Document for Review of City Manager Pidcock addressed changes she would like to see made in the document. MOTION: Pidcock moved, seconded by Redpath, to approve revisions to the document for Review of the City Manager as so noted this evening; the document will then be forwarded to the Councilmembers in their information packets. Motion carried unanimously. "6q1 City Council Minutes -12- January 7, 1986 3. Iel ciptht: - asked what has been done regarding a Housing Code for t h e y. City Manager Jullie said Staff is working on this. The basic requirements of the Code will be printed up so that renters will know what is expected; it would advise renters of their rights. Renters would be able to call the City for an inspection. Jullie said he thought a report would be ready for the Council for its January 21, 1986, Meeting. B. Report of City Manager 1. Martin Luther King Holiday City Manager Jullie reviewed what other communities are doing regarding January 20, 1986, which will be celebrated as Martin Luther King Day. Anderson said because that day has been designated as a Federal holiday it should be treated as such. MOTION: Redpath moved, seconded by Anderson, to deem Martin Luther King Day as a holiday for employees of the City of Eden Prairie. Motion carried unanimously. 2. Authorization for a Grant Approval Director of Community Services Lambert said a draft copy of the Riley Lake Report has been received. The Environmental Pollution Contral Agency sent the Minnesota PCA information on Federal grants for this region for lake water quality improvements. Minnesota is being pressured to clean up the Mississippi River, therefore the Minnesota PCA wants to do something to show we are working on this. Applications are due by January 20, 1986. Lambert said he thought the Riley Creek Chaing of Lakes Improvement Project Study might qualify. He asked for authori- zation to request grant money with no commitment to spend money prior to hearings. MOTION: Redpath moved, seconded by Anderson, to authorize Staff to request grant money with no commitment to spend money prior to hearings. Motion carried unanimously. 3. Reschedule March 18, 1986 Meeting MOTION: Bentley moved, seconded by Anderson, to cancel the March 18, 1986, Meeting of the City Council because that is the night on which Precinct Caucuses will be held in Minnesota and to reschedule that meeting for Tuesday, March 25, 1986, at 7:30 p.m. in the School Administration Boardroom. Motion carried unani- mously. City Council Minutes -13- January 7, 1986 C. Report of City Attorney There was none. D. Report of Director of Public Works 1. Bid results for Technology Drive Improvements, I.C. 52-0100 Resolution No. 86-17 (continued from December 17, 1985) Director of Public Works Dietz reviewed the background for this improvement. MOTION: Redpath moved, seconded by Pidcock, to adopt Resolution No. 86-17, accepting the bid of Enebak Construction Co., Inc., for I.C. 52-0100, for Technology Drive Improvements. Motion carried unanimously. 2. Receive feasibility report for Trunk Sewer and Water Improvements in the vicinity of the Red Rock Interceptor I.C. 52-088, and set public hearing for February 4, 1986 MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 86-15, receiving feasibility report and setting public hearing for February 4, 1986. Director of Public Works Dietz highlighted the assessment policy. Dietz noted this will replace the Mitchell-Red Rock-Staring Lake Interceptor Line (MRS). Dietz outlined the proposed assessment method as outlined in the Feasibility Report. Bentley said he found it interesting that the Metropolitan Council was pushing this and at the same time was considering pulling back the MUSA line in other areas of the Metropolitan Area. Bentley said he is taking a close look at the lines being drawn in the Development Framework. VOTE ON MOTION: motion carried unanimously. 3. Red Rock Interceptor Agreement City Manager Jullie said Staff is attempting to finalize the Red Rock Interceptor Agreement at this time and would appreciate any comments from Councilmembers. E. Report of Finance Director 1. Clerk's License List City Manager Jullie stated that the Edendale Golf Club wished to expand its facilities by putting in a restaurant and lounge. In City Council Minutes -14- January 7, 1986 order to do so they need to be assured of getting a liquor license. Jullie pointed out that a liquor license can be issued contingent on an expansion being made. He noted that Public Safety has given its approval of the license. Ed Mansur, proponent, said the owner have no plans for this property other than to have it continue as a golf course. Redpath asked if the City can place a condition on the license so that if that is not a golf course, the liquor license has to be relinquished. City Attorney Pauly said that can be done. Anderson asked if this was an appropriate place for a liquor license. It was noted that this would be a liquor license in conjunction with a restaurant. MOTIOR: Redpath moved, seconded by Bentley, to approve the Clerk's License List including the liquor license for Edenvale Golf Club with the stipulation that the liquor license be surrendured if the golf course is no longer in operation. City Attorney Pauly stated the serving of liquor in a Rural zone would be incidental to the operation of a clubhouse in a Rural zone. If there were no golf course, then it would not be an appropriate use in that zoning district. VOTE ON THE MOTION: Motion carried unanimously. XII. NEW BUSINESS There was none. XI. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 12:20 a.m. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WEDNESDAY, JANUARY 29, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael ROLL CALL: All members were present. I. APPROVAL OF AGENDA The following items were added to the Agenda: VI. A. Consider Special Date and Time for Interviewing Canididates for Commissions who are unable to attend the previously scheduled session and VI. B. LMC Conference to be held on February 5th; item VI. Adjournment becomes item VII. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously. II. REPORT FROM CITY HALL SITE SECLECTION COMMITTEE City Manager Jullie said the Site Selection Committee had met twice and had come up with a recommendation regarding a City Hall site. Jullie noted the Minutes of the Committee, as well as other materials which had been provided to the Committee, were included in the Council packet. Director of Community Services Lambert reviewed the seven sites and gave the rationale for the two sites which had been selected by the Committee. Bentley asked when site #7 had come into place; he was unaware of that site until this week and thought the Council had directed the Committee to review six sites. Redpath said the City had spend a lot of money for the Purgatory Creek Master Plan; in that it was recommended a civic center be built on the east side of the park as the gateway to the park area. City Council Minutes -2- January 29, 1986 Peterson said he was nervous about the City Council giving direction to a committee to look at six sites and then having a seventh site come into play at the last minute without the City Council's knowledge. He thought this would create negative opinions regarding the City Council's process. Bentley concurred. Anderson asked whether or not a committee could be restricted as to the sites it chose to review. Peterson said the Committee should have come back to the City Council and requested it have broader powers to look at other sites. Peterson stated the six sites were the parameters; and, in terms of an orderly process, the Committee should have come back to the Council to ask if it could or should examine additional sites. Pidcock said she thought the Council had appointed a Site Selection Committee to look at whatever sites might be under consideration. Redpath asked if there was sufficient information available regarding Site #7. Anderson said he would be the last person to go back to the members of the Committee to say they had not had adequate information on which to base a decision. Anderson stated there are lots of unanswered questions about Site #3 as well as the other sites. Bentley said his concerns about site #7 include the fact that the Major Center Area/Purgatory Creek Park Master Plan showed the main focal point/park entrance to be on the east side of the Creek and having this moved to the west would alter that plan; and the issues used as negatives on Site #3 were not available for Site #7 (soil conditions and specific dollar amounts). Bentley said he thought the site should be somewhere along Prairie Center Drive in the MCA. Anderson said he did not think any restrictions as to where the site should be were made in the motion to establish the Site Selection Committee. Pidcock noted the City's architects for a new city hall had expressed concern regarding the size of a city hall next to Flagship Athletic Club; the city hall would be overshadowed by the Club. Pidcock said she thought the integrity of the Site Selection Committee was being attacked. Redpath said he felt that that the integrity of the Prairie Center Drive site was to be protected all along and that a government building would set the tone for that area. Pidcock said she thought that Flagship Athletic club had altered that. Bentley said the Purgatory Creek Master Plan showed a plaza and park entrance; he stated that Site #7 did not bother him as a site for a city hall, but he did not think that should be the major entrance for the park and goes against what was intended. Anderson said he had spent a Saturday morning and a Wednesday evening listening to the pros and cons of each of the sites. He expressed concern as to why the Council was debating this. Anderson thanked Staff for suggesting a site which might be a good one and had been overlooked. Peterson said this is going to be one of the most significant decisions the City Council will make. He said he would have to know that Site #7 had been adequately studied so he will know it is the best site. Lambert apologized to the Council and to the Site Selection Committee for adding City Council Minutes -3- January 29, 1986 Site #7; he said he had not realized the sites to be reviewed were limited. He indicated that soil borings could be made and the price of the properties could be determined prior to the time when the Council made a final decision as to the site. Bentley said he recalled that part of the discussion during the hearings regarding Flagship Athletic Club were that it would not jeopardize the entrance to the park; the entrance would just be shifted north. Bentley said he had never heard that it would preclude the entrance to the park being in that general location. Lambert said the major changes would have to be made to the Purgatory Creek Park Area Master Plan due to the existence of Flagship Athletic Club and the soil conditions; the major access to the park would have to be moved 600' to the north. Anderson said he would like to have the Council have all the information which was presented to the Site Selection Committee prior to the Council's decision being made. Pidcock said she thought it was ridiculous to have appointed a Site Selection Committee and then not to take its recommendation. Peterson said he thought the City Council should look at this very closely; there was no reason for the Council to race through with a decision. Peterson said he thought it was good there were questions raised this evening regarding the sites. MOTION: Anderson moved, seconded by Bentley, to direct Staff to bring to the City Council all the information which was looked at by the Site Selection Committee with the hope the Council will look at this with an open mind. Redpath said he would expect that review to include information on hard figures regarding the costs of each of the sites as well as soil conditions of each. Peterson asked if the park plan could be updated to show a western entrance. Lambert said that would cost about $5,000. Peterson asked if it would be reasonable for this to be brought before the Parks, Recreation & Natural Resources Commission. Lambert asked for clarification; was the information which is to be provided the Council to be for Sites #3 and #7 only. Pidcock said she would like to have information on Site #1 also. AMENDMENT TO THE MOTION: Pidcock moved, seconded by Redpath, to restrict the presentation of additional materials - anything which might be pertinent - regarding a site for city hall to Sites #1, #3, and #7. Motion carried unanimously. VOTE ON MOTION AS AMENDED: Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley, to set a special meeting of the City Council for 8 p.m., Tuesday, February 11, 1986, to discuss the sites under consideration for a new city hall. Motion carried unanimously. City Council Minutes -4- January 29, 1986 III. LEGAL REQUIREMENTS FOR REFERENDUM QUESTIONS ON THE BALLOT City Manager Jullie said the City had consulted with bond counsel firms regarding this matter; the City Attorney had also researched the question. Jullie called attention to Finance Director Frane's memorandum of January 24, 1986, in which this issue was addressed. Redpath said he would like to get back to the City Needs Committee and have it look at this for its recommendation as to whether or not to go for the whole package; the recommendation of that Committee had been to have one referendum in 1986 and another in 1987. Anderson stated there were several members of the City Needs Committee on the Site Selection Committee who were concerned about where the support is coming from; he said how the question is put before the residents is very important. Peterson said he did not think the Council needs to justify the need for a new city hall or for a fire station; the Committee could be asked about including the community center expansion and park improvements on the same ballot. Bentley said he did think there was any justification for the Committee to look at this; he said he was not prepared to decide beyond the city hall and fire station. Lambert noted that when the City Council appointed the City Needs Committee a sub-committee was appointed as well; the sub-committee had different priorities than the City Needs Committee and had requested that all be included in the referendum. Jerry Wigen, 7000 Kingston Drive, said he would have a hard time with a referndum which included four questions. He said single-issue referenda have passed, but multiple question referenda have failed. He stated the success of any referendum is based on people working together for the same cause. He provided background information regarding the referendum held in 1979. City Manager Jullie said that several weeks ago some of the representatives of the various athletic associations had talked to him and expressed the need for more facilities; they indicated they would support a referendum which included those issues. Jullie said Staff had pulled together the data so the Council could decided how it wants the issue to be and noted the linkage provision would give the residents, should they desire to do so, an opportunity to go ahead with the community center expansion and park development a year earlier than had been proposed by the City Needs Committee. MOTION: Bentley moved, seconded by Redpath, to ask the City Needs Committee to reconvene to review which of the items should be included in the referendum and to come back to the City Council with its report as soon as possible. Pidcock said she did not feel the Committee should add anything to what has already been proposed; but it should have the opportunity to delete should it so desire. 3 ql City Council Minutes -5- January 29, 1986 Rich Anderson, member of the City Needs Committ e e , s a i d h e b e l i e v e d t h e simpler the question, the better. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley, t o t h a n k t h e p e o p l e w h o served on the Site Selection Committee for thei r w o r k . M o t i o n c a r r i e d unanimously. MOTION: Bentley moved, seconded by Redpath, to d i r e c t t h e C i t y A t t o r n e y to give the City Council a very specific ruling o n h o w t h e r e f e r e n d u m question must be phrased as well as specific r u l i n g s r e g a r d i n g m a t t e r s similar to this. Motion carried unanimously. IV. POTENTIAL REFERENDUM ITEMS City Manager Jullie noted a memorandum dated Ja n u a r y 2 4 , 1 9 8 6 , f r o m F i r e Chief Ron Johnson which addressed the referendum . Johnson spoke to the needs of the Fire Department . Bentley expressed concern about the remodeling o f t h e f i r e s t a t i o n s . H e said he did not think it was essential to do that a t t h i s t i m e ; h e d i d n o t believe the justification for atsolute need had been demonstrated. Bentley questionned the need for a second ladder t r u c k . J u l l i e s a i d S t a f f had done a lot of research and this is a critical item in getting a rate code adjustment. Johnson explained how a volunt e e r f i r e d e p a r t m e n t w o r k s and how every person has a specific assignment. J o h n s o n n o t e d t h a t f i r e protection in a city has to grow with the ci t y ; i t i s n o t a c a t c h - u p process. Bentley said he thought there would h a v e t o b e s o m e c u t s m a d e from the list presented to the Council. Joh n s o n s a i d h e w o u l d c u t equipment before cutting the remodeling of the f i r e s t a t i o n s ; h e s a i d h e Is concerned with the care and needs of the f i r e f i g h t e r s a n d t h e equipment which they now have. Bentley said th e i n t e n t o f t h e p r o p o s e d referendum was to get one new fire station a n d t h a t s e e m s t o h a v e escalated. Bentley said he was not saying ther e w a s n o t a n e e d f o r t h e other items, but that was not what had been inten d e d . J o h n s o n s a i d h e h a d been directed to come up with fire needs and h a d n o t r e a l i z e d i t w a s limited to a fire station. He stated that a pack a g e h a d b e e n d e v e l o p e d s o the Fire Department would not have to cone ba c k t o t h e v o t e r s o f t e n . Peterson said he thought everyone should be aw a r e t h a t t h e v o t e r s a r e looking at a lot of money and the Council must b e a b l e t o j u s t i f y e a c h item. Redpath said perhaps some of the items c o u l d b e i n c l u d e d i n t h e City's budget over a period of years. Bentley suggested Jullie and Johnson rework the f i g u r e s t o s e e i f t h e r e are some areas which can be redone. Redpath said t h e C o u n c i l m u s t k e e p i n mind that it is dealing with a volunteer departm e n t w h i c h h a s s e r v e d t h e City well. Johnson said he must take back a p a c k a g e w h i c h w i l l b e City Council Minutes -6- January 29, 1986 supported by the firefighters. Peterson said he thought it would be wise to look at the space needs and not some of the smaller dollar-amount items. Jullie pointed out that there is sometimes a levy limit problem with some of the items noted. Lambert said his intention would be to meet with the sub-committee of the City Needs Study Committee to get a recommendation from it which would then go to the City Needs Study Committee which would then make a recommendation to the Council. This would be following the process used last summer. These groups would review the $15 million list. Lambert said the City has a schematic plan for the Community Center and the dollar figure of $3.2 million is a guesstimate on his part; he asked for authorization to have the plan reviewed by an architect for more specific costs. MOTION: Anderson moved, seconded by Bentley, to authorize up to $2,500 to have an architect come up with a dollar amount for an addition to the Community Center. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. Bentley expressed concern with the fact that the referendum had started out to include a new city hall and a fire station and had now mushroomed into a large expansion of the Community Center and the park acquisition proposal. He said he would vote "no" on a bond issue if the Council does not have hard figures before it very soon; he said he did not think this was a catch-all bond issue for everyone in Eden Prairie. Redpath said some of these items were proposed for 1987; for the Council to have to pare down the city hall issue so the total referendum is saleable is not fair. Jullie said Staff brought to the Council figures to show the magnitude of what is before the City in the way of needs. Pidcock said it is up to the Council to look at what is happening at the State and Federal levels in the way of cuts. She said she had expected to get near-to- complete figures as to costs this evening. Bentley said he was frustrated with the circumstances. He said he was excited about a new city hall; and believed that while there are fire needs and park needs, these must be dealt with in an orderly way so the tax payers in Eden Prairie are not destroyed in the process. Bentley said the Council was asking the Needs Study Committee to recommend whether or not the circumstances have changed so these should be included in this year's referendum. V. REFERENDUM DATE City Manager Jullie suggested May 6th as the target date for a referendum. The consensus was that it was realistic to set May 6th as a target date but to postpone setting it in the event a change was necessary based on the information which has been requested this evening. MOTION: Redpath moved, seconded by Pidcock, to set the first part of May as the target date for a bond referendum. Motion carried unanimously. City Council Minutes -7- January 29, 1986 VI. OTHER ITEMS A. Consider Special Date and Time for Interviewing Candidates for Commissions who are unable to attend previously scheduled session City Manager Jullie said requests to appear at another time had been made by candidates for commissions who are not able to attend the February 10th meeting. The consensus was that not everyone would be able to attend one or more interview sessions. Staff was directed to communicate to those who had indicated they would not be able to attend the February 10th session that they should contact the Council members individually and/or provide additional background material for review by Council members. 3. LMC Conference on February 5th City Manager Jullie noted the LMC Conference to be held on February 5th. Council members Pidcock, Redpath, and Peterson said they would be able to attend. VII. ADJOURNMENT MOTION: Anderson moved, seconded by Redpath, to adjourn the meeting at 11:00 p.m. Motion carried unanimously. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-28 A RESOLUTION APPROVING FINAL PLAT OF PARKWAY OFFICE CENTER WHEREAS, the plat of Parkway Office Center has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Parkway Office Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 28, 1986. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on February 18, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HISTORY: VARIANCES: ENGINEERING REPORT ON FINAL PLAT Mayor Fenzel and City Council Member Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician The Brauer Group, Inc., has requested City Council approval of the final plat of Parkway Office Center, a 3.67 acre site located north of Anderson Lakes Parkway and east of Flying Cloud Drive in the North 1/2 of Section 23. The plat will divide Outlot G, Lake Eden into two lots containing 0.92 acres (Lot 1, Block 1) and 2.75 acres (Lot 2, Block 1). Second reading by the City Council of Ordinances 40-85 and 43- 85, zoning the property to Office (Lot 1, Block 1) and Neighborhood Commercial (Lot 2, Block 1) respectively, is scheduled for February 18, 1986. The preliminary plat was approved by the Council on November 19, 1985, per Resolution 85-258. All variance requests must be processed through the Board of Appeals. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: January 28, 1986 PARKWAY OFFICE CENTER UTILITIES AND STREETS: All public improvements necessary to serve this site have been installed. The completion of a public water main loop will be accomplished through this division, therefore, easements covering the main must be shown on the final plat. All other on-site utilities will be privately owned and maintained. Documentation covering maintenance responsi- bilities of these utilities and a cross easement covering access to the lots must be provided prior to release of the final plat. Page 2, Final Plat Parkway Office Center 1/28/86 PARK DEDICATION: Park dedication will conform to City Code requirements. BONDING: Bonding will conform to City Code requirements. Bonding to cover the looped water main will be necessary. RECOMMENDATION: Recommend approval of the final plat of Parkway Office Center subject to the requirements of this report and the following: 1. Receipt of street lighting fee in the amount of $1024. 2. Receipt of engineering fee in the amount of $367. 3. Second reading of Ordinances 40-85 and 43-85. 4. Easements covering public water main shown on the plat. 5. Receipt of documentation for private utility mainte- nance responsibilities. 6. Receipt of cross easement covering site access. DLO:sg cc: Mr. Don Brauer Mr. Ron Krueger CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-29 A RESOLUTION APPROVING FINAL PLAT OF ANDERSON IDLEWILD ADDITION WHEREAS, the plat of Anderson Idlewild Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Anderson Idlewild Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 12, 1986. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on February 18, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician February 12, 1986 ANDERSON IDLEWILD ADDITION (IT-iiiFTy called Eden Prairie Convenience Center) Calvin Anderson has requested City Council approval of the final plat of Anderson Idlewild Addition, a 2.3 acre site located west of Flying Cloud Drive and north of Eden Road. K. Charles Development Corporation has proposed the construction of a 15,750 square foot building for restaurant-tenant retail space on Lot 1 (1.2 acres). Outlot A contains 1.1 acres consisting of part of Lake Idlewild and adjacent shoreland, ownership of Outlot A will presently be retained by the owner and is proposed to be replatted and included in a future plat. Consideration of ultimate City ownership would be at that time. The preliminary plat was approved by the City Council on November 5, 1985, per Resolution 85-250. Zoning to Commercial-Regional Service was finally read and approved by the City Council on December 17, 1985, per Ordinance 35-85. The Developer's Agreement referred to within this report was executed on December 17, 1985. All variance requests not approved through the Developer's Agreement mut be processed through the Board of Appeals. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY: VARIANCES: UTILITIES AND STREETS: Municipal utilities and streets necessary to serve this site have been installed. Drainage and utility easements, consistant with City Code requirements, must be shown on the plat. An underlying Page 2, Final Plat Anderson Idlewild Addition 2/12/86 sanitary sewer easement crossing the site must also be added. These easement revisions must be shown prior to release of the plat. PARK DEDICATION: Park dedication will conform to requirements of the Developer's Agreement and City Codes. BONDING: Bonding for municipally owned and maintained utilities and streets will be in conformance with City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Anderson Idlewild Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee in the amount of $1024. 2. Receipt of engineering fee in the amount of $250. 3. Revision of drainage and utility easements on plat. 4. An agreement with owner that Outlot A will be replatted along with adjacent unplatted parcels and that ultimate ownership of Lake Idlewild will be determined at that time. DLO:sg cc: Mr. Paul Anderson, Lavender, Gillen & Miller Mr. Ron Krueger, Krueger & Assoc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-30 A RESOLUTION APPROVING FINAL PLAT OF SPRING HEIGHTS WHEREAS, the plat of Spring Heights has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Spring Heights is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 11, 1986. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on February 18, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk ?0-1 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY: VARIANCES: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician Jap-j°.'•!Q February 11, 1986 SPRING HEIGHTS Bert Noterman has requested City Council approval of the final plat of Spring Heights, a 24.2 acre site located north of Flying Cloud Drive (TH 169-212) and west of Spring Road (Co. Rd. 4) in the South 1/2 of Section 29. The plat will contain one commercial lot containing 1.6 acres (Lot 1, Block 1) and two single family rural lots containing 22.6 acres (Lots 2 and 3, Block 1). Outlot A is the result of overlapping descriptions from previous surveys and its platting has been requested from the County surveyor. The property owners propose the ownership transfer of this Outlot to the owner of Tract A, RLS No. 756. The preliminary plat was approved by the City Council on July 10, 1984, per Resolution 84-163. Zoning of Lot 1, Block 1 to Commercial-Highway was finally read and approved by the Council on July 17, 1984, per Ordinance 19-83. Resolution 84-179, setting specific conditions for approval was adopted by the Council on July 17, 1984. A variance from the requirements of City Code 12.20, Subd. 2.A, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. All other variance requests must be processed through the Board of Appeals. Page 2, Final Plat of Spring Heights 2/11/86 UTILITIES AND STREETS: Municipal utilities are not available to this site and no roadway extensions are proposed. Right-of-way dedication requirements defined in Resolution 84- 179 will be satisfied through this platting. PARK DEDICATION: Requirements for park dedication are defined in Resolution 84- 179. The restrictive covenant to be placed on Lot 2 for protection of Indian Burial Mounds must be provided prior to release of the plat. The document is referred to in the Summary Resolution and must be in a format acceptable to the City Attorney. BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Spring Heights subject to the requirements of this report, the Summary Resolution and the following: 1. Receipt of engineering fee in the amount of $250. 2. Receipt of street light fee in the amount of $1536. 3. Receipt of restrictive covenant document. DLO:sg cc: Mr. Tom Bergquist, Sathre-Bergquist Mr. Bert Noterman Mr. Lynn L. Charlson CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST February 18, 1986 CONTRACTOR (MULTI-FAMILY & COMM.) B.A.C., Inc. Bossardt Christenson Corporation Joseph Friedman Construction Hans Hagen Homes Herfert Enterprises Hoyt Construction Co., Inc. Lindstrom Cleaning & Construction M. A. Mortenson Company Reynolds Construction, Inc. Rutledge Construction Co. Earl Weikle & Sons, Inc. Welsh Companies CONTRACTOR (1 & 2 FAMILY) A & G Builders Associated Properties & Investors Better Homes Construction Bruce Bren Homes, Inc. Construction 70, Inc. Denco Properties, Inc. Eliason Builders, Inc. Estate Homes, Inc. Fel senberg Construction Co. Kaster Construction, Inc. Lake Minnetonka Homes, Inc. Lecy Construction Luse & Son, Inc. Monnens Bros. Construction Narr Construction, Inc. New Concept Homes Novak-Fleck, Inc. Palmer House Builders Patterson Masonary Construction Ru-Dell Builders, Inc. WATiFt SOFTENER Surge Soft Water PLUMBING John Adelmann Plumbing Bruckmueller Plumbing Burkhardt Plumbing Clark Plumbing Coppin Plumbing Custom Plumbing, Inc. Doc's Plumbing Company Erickson Mechanical Company Hiltner Plumbing Key Plumbing & Heating Leo's Plumbing Minnesota Mechanical of Shakopee Murr Plumbing - Apple Valley N. S. Services Piper Plumbing, Inc. John Scherer Plumbing Seitz Bros., Inc. Southtown Plumbing, Inc. South/West Metro Plumbing Stant Plumbing & Heating Valley Plumbing Company HEATING & VENTILATING Allan Heating & Air Conditioning Bostrom Sheet Metal Works, Inc. Burke Heating Service, Inc. C. 0. Carlson Air Conditioning Central 'Air Conditioning & Heating Diversified Mechanical Services Easton Electric & Heating Heat N Cool, Inc. Marsh Heating & Air Conditioning Minnesota Mechanical of Shakopee Northwestern Service, Inc. Owens Services Corporation Palen/Kirrball Company Fred Vogt and Company • Flay N. Wel ter Heating Company fiJ CLERK'S LICENSE APPLICATION LIST page two GAS FITTER Burke Heating Service, Inc. Diversified Mechanical Services Marsh Heating & Air Conditioning Minnesota Mechanical of Shakopee Pal en/ Kimball Company Fred Vogt and Company Ray N. Welter Heating Company WELL DRILLING E. H. Renner & Sons RETAIL CANDY Preserve Rexall Drug MECHANICAL RIDES Preserve Rexall Drug CIGARETTE ARA Services Minnesota Viking Food Services - Preserve Rexall Drug GAMBLING Eden Prairie Legion These licenses have been approved by the department heads responsible for the licensed activity. Pat Sol ie, Licensing MEMORANDUM TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: February 7, 1986 SUBJECT: Metropolitan Development Investment Framework The southwest communities, and Eden Prairie specifically, h a v e f i v e m a j o r c o n c e r n s with the newly proposed Metropolitan Development Investment F r a m e w o r k . T h e s e a r e : 1) The priorities established by the Metropolitan Council , f i r s t p r i o r i t y , second priority, and third priority for distributing the r e g i o n ' s r e s o u r c e s - -how will they be used, or abused? 2) The concept of pitting urban service areas that are at, o r n e a r , c a p a c i t y against urban service areas that are still under capac i t y w i t h r e g a r d t o urban services. 3) The population forecasts--can they possibly be correct i n e a c h c o m m u n i t y ? Have they been historically right, or wrong? Has the Met r o p o l i t a n C o u n c i l been open to change? Why have the estimates turned into u r b a n a l l o c a t i o n s ? 4) Sewer allocations--is it possible and proper to determine t h e s p e c i f i c s e w e r allocations for each specific community in the Metropolita n A r e a ? 5) The concept of moratoriums to enforce the Metropolitan Cou n c i l ' s p o p u l a t i o n projections. The Metropolitan Development Investment Framework lists t h e f o l l o w i n g p r i o r i t i e s as a way of distributing the region's limited resources among t h e u r b a n a r e a s : The first priority, maintain existing facilities and servic e s a t a p p r o p r i a t e operational levels and achieve the best possible use o u t o f p u b l i c a n d private investments already in place and provide the Met r o p o l i t a n s y s t e m s needed to support new (or re-) development. The second priority, to provide the Metropolitan systems n e e d e d t o s u p p o r t the opening of new areas for planned urban development. The third priority, to provide new, or increased, levels o f M e t r o p o l i t a n systems that will support major additions to the Metr o p o l i t a n A r e a ' s economy. The development framework goes on to say that, over a perio d o f t i m e , i n v e s t m e n t s i n Metropolitan systems should be made in all of the pri o r i t y l e v e l s , b u t w h e n resources are tight and choices must be made, this priority s y s t e m w o n ' t b e u s e d . Investment Framework 2 February 7, 1986 What is needed rather than stopping at such a broad , s w e e p i n g p o l i c y , w h i c h c o u l d b e easily abused, is a comprehensive accounting of a l l o f t h e r e g i o n ' s f i n a n c i a l a n d physical resources that are intended to be cove r e d b y t h i s s t a t e m e n t , b a l a n c e d against a comprehensive listing of all the needs i d e n t i f i e d i n t h e M e t r o p o l i t a n Area. We need to know whether there will be any resou r c e s t o d i s t r i b u t e a f t e r f i r s t priority needs are identified. Secondly, the stat e m e n t t h a t t h i s p r i o r i t y s y s t e m would be utilized when resources are tight as a f i n a l t i e - b r e a k e r i s h a r d l y meaningful, since resources have always been t i g h t a n d t h e r e h a s a l w a y s b e e n competition for limited funds for infrastructure i m p r o v e m e n t s . T h e h i g h g r o w t h areas of the Metropoiltan Area are beneficial not o n l y t o t h e m s e l v e s , b u t t o t h e health of the economy of the region as a whole and s h o u l d n o t b e s h o r t - c h a n g e d b y a short-sighted policy, which clearly follows the t r e n d o f f i s c a l d i s p a r i t i e s , t a x increment financing, and special legislation to cont i n u e t o f a v o r t h e m a j o r c i t i e s . The Metropolitan Development Investment Framewor k s e e m s t o t a k e a v e r y s i m p l i s t i c approach toward how to deal with limited resourc e s i n t h e M e t r o p o l i t a n A r e a . T h e y have determined from their research that there are c e r t a i n a r e a s o f t h e M e t r o p o l i t a n region which are at, or near, capacity for sewag e t r e a t m e n t . T h e m a j o r i t y o f t h e s e areas are west and southwest of the Metropolitan A r e a , a n d i n c l u d e M i n n e t o n k a , E d e n Prairie, part of Chanhassen, Chaska, Shakopee. T h e q u e s t i o n i s , " W h y a r e t h e s e areas at, or near, capacity, while the entire r e m a i n d e r o f t h e M e t r o p o l i t a n A r e a seems to have capacity left in the sewer system.?" It i s b e c a u s e g r o w t h h a s occurred out in the southwest area at a faster r a t e a n d i n g r e a t e r p r o p o r t i o n t h a n projected by the Metropolitan Council. Population projection fifteen years into the futur e , w i t h o u t s o m e d e g r e e o f e r r o r i s difficult. And since the Metropolitan Council an d o t h e r a g e n c i e s h a v e u t i l i t i z e d exclusively their population projections, they ha v e p l a n n e d a n i n f r a s t r u c t u r e w h i c h is too little too late. A prime example of this is t h e C i t y o f E d e n P r a i r i e . The Metropolitan Council requires that communities a d o p t t h e i r p o p u l a t i o n e s t i m a t e s . The standard reply received from the Metropolitan C o u n c i l S t a f f d e m o g r a p h e r s %'en questioned about differences between their project i o n s f o r l o c a l m u n i c i p a l i t i e s a n d the local projections, is a defensive reaction. T h e r e a c t i o n i s t h a t t h e r e is a limited amount of population growth over the ent i r e r e g i o n . I f t h e C i t y c a n s h o w where in the entire Metropolitan region the growt h i s n o t g o i n g t o o c c u r , i n o r d e r to allow your city to grow more quickly, then the M e t r o p o l i t a n C o u n c i l w i l l c o n s i d e r population projection revisions. Of course, this i s i m p o s s i b l e f o r l o c a l p l a n n e r s to do, since we are not equipped with the same r e s o u r c e s , n o r e x p e r t i s e , o n a regional level, as the Metropolitan Council. We d o , h o w e v e r , h a v e v a l u a b l e l o c a l input and insight and have the pulse of the trend o f p o p u l a t i o n w i t h i n o u r s p e c i f i c community. The Metropolitan Council does not seem t o t a k e t h i s i n t o a c c o u n t . The Metropolitan Council at one time had estimated t h a t i n 1 9 8 0 , E d e n P r a i r i e ' s 1 9 9 0 population would be 23,500. Since 1980, the Metro p o l i t a n C o u n c i l h a s c h a n g e d t h i s estimate three times from 23,500 to 25,000, to 27,0 0 0 , a n d t h e l a t e s t e s t i m a t e b e i n g 32,000. The year 2000 forecast has been modifi e d f r o m 3 3 , 0 0 0 t o 4 3 , 0 0 0 . E d e n Prairie argued, as did other communities, around 19 8 0 w h e n t h e M e t r o p o l i t a n C o u n c i l was reviewing our Comprehensive Guide Plan, tha t w e f e l t o u r p o p u l a t i o n w o u l d b e somewhere toward the middle 30's in 1990. However, w e w e r e w i l l i n g t o a d m i t t h a t a population projection ten years into the future w a s d i f f i c u l t t o m a k e d o w n to the last person. Therefore, at that time, we aske d f o r s o m e f l e x i b i l i t y o n t h e Investment Framework 3 February 7, 1986 Metropolitan Council's part. The estimate was not changed at then and, in fac t , t h e Metropolitan Council based a sewer allocation for the year 1990 for Eden Prai r i e o n the 23,500 population figure. We were told at that time that the population estimates would not b e c o m e allocations. Of course, this has now occurred. We are now left with the situ a t i o n where we are receiving letters from the Metropolitan Council concerned abou t o u r sewer capacity which is, of course, under capacity because the population esti m a t e s were incorrect. A 1985 special census done by Eden Prairie showed 24,500 as a c t u a l 1985 population. We recently received a memo from the Metropolitan Council s t a f f which was addressed to the Metropolitan and Community Development comm i t t e e regarding a 500-unit apartment complex proposed in Eden Prairie. Quotation fro m t h e letter is as follows: "The project will be served by the Purgatory Creek interceptor with treatment at the Blue Lake Wastewater Treatment Plant. Inteceptor capacity is adequate; however, the plant is nearing capacity and a substantial Increase in the sewage flow could cause the facility to exceed the effluent discharge standards set for this plant in the NPOES permit." For Eden Prairie, the planned 1990 sewage flow allocation is 2.39 million gal l o n s per day. However, the 1984 measured average daily flow was already 2.45 m g d . Growth in Eden Prairie, Shakopee, and other locations within the service are a i s rapidly depleting the reserve capacity of the plant. If problems develop at the plant before expansion is complete, it may be neces s a r y to impose restrictions on additional hook-ups. Because of this, it is impor t a n t that Eden Prairie be aware of the rapid depletion of reserve capacity tha t i s accelerated by large projects, such as Eden Place Apartments, and it is import a n t that all agencies and local governments involved work together to assure t h a t appropriate steps are taken so that capacity is available when needed. We have a concern that the Metropolitan Council will use lack of sewer p l a n t capacity as a reason to slow growth in the southwest communities, while tr y i n g t o encourage it in areas which have capacity. If there is more demand in t h e " a t capacity" areas, than in the "under capacity" areas, it may represent two w r o n g population projections by the Metropolitan Council. If communities "at capa c i t y , " with strong demand, are not able to convince the Metropolitan Council in a t i m e l y fashion to move up sewer plant expansion, the Metropolitan Council will in s t i t u t e moratorium. This approach is forcing the market and is not appropriate. We are concerned with how population estimates are done. Were they don e o n a Metropolitan Regional basis and then allocated per community? It would be tem p t i n g , given the job of managing the growth of the region, to allocate population w h e r e current capacities are available, rather than trying to project where growth w i l l occur and assure that services are available when needed. We are concerned that the Metropolitan Council will pro rate the popu l a t i o n estimates per year and begin allocation pressure sooner than 1990, or year 2 0 0 0 forecast years. Eden Prairie has a Comprehensive Guide Plan that has been approved by t h e Metropolitan Council, which contains a significant mix of land use, both to pr o v i d e for sharp swings in land use cycles and to provide a well-balanced community . T h e Investment Framework 4 February 7, 1986 Metropolitan Council has established goals for provision of different t y p e s o f housing. Eden Prairie has earnestly tried to reach goals set. However, i f l o c a l governments are left with the choice of having to choose between land uses b e c a u s e of artificial sewer allocations, the traditional biases of expensive , d e t a c h e d single family housing will most likely be the route chosen. Surely thi s i s n o t a result the Metropolitan Council wishes to cause. The question is not one of urban sprawl that is being controlled withi n t h e M U S A line, it is a question of resources and demand. The public is best ser v e d i f t h e resources are allocated where businesses and people choose to loca t e , n o t a n artificial situation forcing growth where growth had been mistakenly fo r e c a s t . W e suggest the following changes in the Metropolitan Investment philosophy: 1. Project a population range, not just a finite number. 2. Update population projections in a timely enough fashion to provide the most accurate number just prior to major capital improvement expansions. 3. Do not let population estimates become a self-fulfilling prophecy. The idea of sewer allocations being based upon population estimates, and subsequen t l y enforcing those estimates with moratoriums, is bad planning. The Metropolitan Council should ask, where is the growth going to occur, how c a n we best plan for it, and if we guessed wrong, how can we correct o u r development framework to accommodate growth without artificially obstructi n g it? The Metropolitan Council states in their Investment Framework that th e y do not intend to force growth in a direction different than mark e t conditions dictate. 4. Look at areas that are at urban service capacity and ask, were o u r population estimates wrong, is this why we are out of capacity? Being o u t of service capacity could very well be an indicator of fast growing are a s where capacities should be increased. Instead of a signal to slow growt h , it should be a signal to increase capacities. 5. Build some play into the capital improvements plans for sewer. Improvemen t s must be able to be moved up, or back, in time as needs dictate. 6. Build flexibility into sewer plan expansions so that their capacities may b e increased incrementally above sewer flow projections without major improvements. 7. Local communities should continue to update the Metropolitan Council o n local conditions that would affect Council population estimates. 8. Provide for additional sewer plant improvements, as necessary, to preven t obstructions to growth. Growth in this area is consistent with th e Metropolitan Council's policy of supporting free-standing industrial an d commercial areas. 9. The priority system philosophy needs further study to assure that we don' t reach a "those who have get, those who have not, get not" situation. Th e area financial resources should be projected against area needs to assur e that the first priority area does not take all of the area's resources. •)0:.) Investment Framework 5 February 7, 1986 The Development Framework needs to be anticipatory and flexible. It is im p o r t a n t t o project change and growth so that you can provide an orderly framework f o r i t . B u t if you guess wrong, your plans need to be flexible to accommodate a ch a n g e , n o t change the world to fit your plan. We are not talking about whether a p a r t i c u l a r land use in a community is appropriate. We are trying to project when e a c h u s e i n each community will occur. If we guess wrong, our plan should be flexible e n o u g h t o accommodate our mistake, not place moratoriums, so that our guess-work pla n w i l l n o t be wrong. This major change in the rules of the region's planning gam e a t t h i s point severely affects the southwest high-growth area, which will be damag i n g t o t h e region as a whole. TO: THROUGH: FROM: DATE: RE: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works February 14, 1986 Lake Eden North Subdivision Grading Permit At the January 7, 1986, Council meeting, First Reading was granted for the Lake Eden North project which lies west of Preserve Boulevard and south of Franlo Road. This single family project, as you will recall, involved extensive earth work to provide proper foundation for roadways and home construction. For a variety of reasons, the Second Reading for this project has not been accomplished. However, some of the grading that is proposed for this site involves soft material which needs to be removed during winter conditions. The Developer has requested that they be allowed to begin the grading operation prior to Second Reading of the Zoning Ordinance and approval of the Developer's Agreement. If this permission cannot be granted until March 4, the Developer feels they will miss the opportunity to perform the necessary soil correction work. City Staff has reviewed this request and finds that the risk involved with allowing grading to procede is extremely minimal. There are no major land forms or significant vegetation which will be altered during the grading process and due to the extremely poor soils in the area, any corrections will certainly be beneficial. We recommend that Council authorize Staff to issue a grading permit for this project in accordance with applicable sections of the City Code. EAD:sg CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-27 RESOLUTION APPROVING THE PRELIMINARY PLAT OF RED ROCK HEIGHTS 3RD ADDITION FOR JERRY HALMRAST AND BILL GILK BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Red Rock Heights 3rd Addition for Jerry Halmrast and Bill Bilk, dated January 24, 1986, consisting of 14 acres into seven lots and three outlots, 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 18th day of February, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 111 UA- L 740 ; ,Aurigwri yy PROPOSED , SITE ,0111 Pt* Ede 41.414 •4; ' - Me LI .1\ g;t.44te *4tiZ 14,4 C.4:4 NVItra 4.4.44 R"Ir••‘'O.r,:- r • 4 #t"P • I SZ• - ROC* \ a ref f AREA LOCATION MAP STAFF REPORT TO: FROM: TFOUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNERS: REQUEST: Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning January 24, 1986 Red Rock Heights 3rd Addition Southeast of quadrant of Village Woods Drive an d V i e w L a n e Jerry Halmrast and William Gilk 1. Zoning District Change from Rural to R1-13.5 o n 6 . 4 a c r e s . 2. Preliminary Plat of approximately 14 acres int o s e v e n s i n g l e family lots and three outlots. Background The Comprehensive Guide Plan depicts a combination of Public Open Space, and Low Density Residential for up to 2.5 units per acre for the property. The site is bordered on the north by Red Rock Heights (R1- 13.5), Red Rock Hills (R1-13.5) to the east, and Red Rock Lake to the south and west. The site is characterized by rolling sloping topography from a high point of 886 along the east-central portion of the site to the shoreland of Red Rock Lake at approximately 840. Vegetation consists of lowland type varieties along the lake line, with a stand of mature oak trees along the east property line. The site abuts Red Rock Lake located to the west and south. This lake is classified as a Recreational Dev- elopment Water and provisions to the Shoreland Ordinance apply. Red Rock Heights 3rd Addition 2 January 24, 1986 Comprehensive Guide Plan A majority of this site falls within the Public Open Space classification of the City's Comprehensive Guide Plan. This Open Space was established for a trail corridor around Red Rock Lake, as indicated on the Eden Prairie Park Master Plan. The Director of Community Services has indicated that the trail will utilize the proposed street system on this property and that the Parks Department is not intending to the use all the property and sees no problem with the residential development. Site Plan Seven, R1-13.5 lots, and three outlots are proposed on approximately 14 acres, for a gross density of 0.5 units per acre with a net density of 1.09 units per acre, based on 6.4 acres of developable land. The average lot size is 33,665 square feet, with a maximum lot size of 63,120 square feet. All lots exceed the minimum frontage requirements for the R1-13.5 District, and average 118 feet in width. Shoreland Ordinance The following provisions of the Shoreland Ordinance apply to various lots abutting Red Rock Lake, with an established Normal Ordinary High Water Mark of 840.9 feet: Minimum lot width at Normal Ordinary High Water Mark - 120 feet Minimum lot width at building line - 120 feet Minimum setback from the Normal Ordinary High Water Mark - 100 feet Lots 1-4 do not meet one or more of these requirements. SHORELAND ORDINANCE REQUIREMENTS NOT MET, BY LOT Lot Min. Lot Width Min. Lot Width Min. Setback at Bldg. line at N.O.H.W.M. from N.O.H.W.M. 1 X 2 X X 3 X 4 X The proponent is requesting variances from the Board of Appeals. Staff feels that the variances may have merit due to the following reasons: 1. All indicated Shoreland Code infractions occur on the west side of the development where the lake consists of mainly marsh and flood plain. The actual water body lies to the south of Lots 4-7. 2. Average lot size of 33,665 square feet is well over the minimum required lot size of 20,000 square feet for abutting lots within a shoreland area. 3. House pads are elevated an average of 20 feet above the High Water Mark. =3-1 Red Rock Heights 3rd Addition 3 January 24, 1986 Grading and Drainage Grading for the majority of this project will be concentrated on the road cut and sanitary sewer installation. A cut of approximately 14 feet is proposed at the east-central portion of the project for road placement, together with six feet of fill at the northeast corner to enable the road connection to Village Woods Drive. Minimal grading is proposed along the west shoreland and no grading beyond the house pads for Lots 4-7 to the south. A preservation easement has been established along the shoreland area to maintain the land adjacent to the lake in its natural state. The erection of snow fencing should take place along this easement prior to any grading of the property. Due to setback criteria established in the Shoreland Ordinance, and the topography of the site, road placement is necessary near the east property line. The proponent has demonstrated the use of a 2:1 slope along the east property line in order to minimize the amount of grading and to preserve all existing oak trees. Snow fencing should also be placed along this area prior to any grading of the property. All proposed drainage will be directed into Red Rock Lake. Road drainage will utilize a catch basin located at the end of the cul-de-sac, then via storm sewer, into Red Rock Lake. Utilities Sewer and water service is available to the site. Sanitary sewer will gravity drain to the existing lift station immediately to the north. Water service will connect to an existing line along Village Woods Drive. According to the City Engineer, as part of the original Red Rock Heights project, the City agreed to pay a portion of the installation costs for the lift station to serve the present parcel. Since this tract of land is now owned and being developed by the same developers, the City's contribution will be nullified. Open Space The Department of Natural Resources classifies Red Rock Lake, up to the Normal High Water Mark, as Public Waters, consistent with the Comprehensive Guide Plan. Outlot 8 (6.2 acres) lies within this area and is basically marsh land in character and undevelopable. The proponents have indicated that this outlot will be dedicated to the City. Outlot A (1.8 acres) consists of a heavily wooded knoll with approximately 50% of its land area within the Normal Ordinary High Water Mark. The proponents have indicated an interest for this outlot as a possible picnic area for the development. This knoll makes for an ideal wildlife habitat, and should in no way be developed. Pedestrian Systems The Director of Community Services has reviewed the proposal and indicates that an extension of the Red Rock Lake trail will be required to tie into the sidewalk system being built for Red Rock Heights 1st Addition. There would be a five-foot wide concrete sidewalk placed along the east side of the cul-de-sac which would continue straight south along the east property line until it interesects the existing east/west bituminous trail along the north shore of Red Rock Lake. Steps will be necessary along the part of this trail which exceeds 8% grade. ,cn Red Rock Heights 3rd Addition 4 January 24, 1986 Access Staff has reviewed the access point to the proposed subdivision based on a 30 MPH design speed and feels that sight vision distance along Village Woods Drive is adequate. STAFF RECOMMENDATIONS Staff would recommend approval of the request for rezoning from Rural to R1-13.5 on 6.4 acres and Preliminary Plat of approximately 14 acres into 7 single family lots and three outlots subject to plans dated January 24, 1986, Staff Report dated January 24, 1986, and the following: 1. Prior to Council review, proponent shall: A. Revise the grading plan indicating the construction limits for grading and snow fence location for preservation of existing vegetation. B. Revise the preliminary plat to include a five-foot wide sidewalk within a 20-foot easement with steps in areas over 8% grade in the location shown on the plan. 2. Prior to Final plat, proponent shall: A. Provide detailed drainage and erosion control plans for review by the Watershed District and City Engineer, and provide detailed sanitary sewer, storm sewer, water, and street plans, for Engineering Department review. B. Convey Outlots B, and C, Red Rock Heights 3rd Addition, to the City clear of any mortgages, liens, assessments, or encumbrances. C. Apply for and receive variances on Lots 1, 2, 3, & 4, from the Shoreland Ordinance provisions. 3. Prior to grading permit issuance, proponent shall: A. Stake the grading limits with snow fencing to protect shoreland vegetation. B. Submit specifications for restoration of the 2:1 slope acceptable to the Director of Planning. 4. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District an minimal of 48 hours prior to grading. C. Concurrent with street construction, construct a five-foot wide concrete sidewalk within a 20-foot easement with steps in areas over 8% grade in a location as shown on the plans. 6,7 3 1.1 ....•n•••• .••n•nn••• et, AREA LOCATION MAP STAFF REPORT Planning Commission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning January 24, 1986 Cardarelle III Amendment Northwest quadrant of Regional Center Drive and Eden Road Frank Cardarelle Zoning District Change from Office to C-Regional-Service on 1.05 acres. TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: REQUEST: Background The project site is currently guided for Regional Commercial land uses and is located within the Major Center Area. The current zoning classification, having been approved April 16, 1985, is for Office, and there is an existing 8,300 square foot building located on this site. The proponent is requesting a Zoning District Change from Office to C- Regional-Service. Surrounding properties have all been guided for Regional Commercial land uses and are also a part of the Major Center Area. Current zoning classifications in this area include Office to the east, Rural to the north and west, and C-Regional- Service to the south. As part of the Major Center Area, a variety of land uses and zoning classifications have been envisioned for this area; thus, a change in zoning class- ification from Office to C-Regional- Service would be acceptable, pro- viding certain conditions be met such as additional landscaping, screening of parking areas, etc. These items will be discussed in detail in the appropriate sections and within the Staff Recommend- ations. Cardarelle III Amendment 2 January 24, 1986 Existing/Proposed Site Plan The existing site plan depicts an 8,300 square foot, two-story office building and a parking lot area containing 42 parking spaces. Building and parking lot setbacks are a minimum of 35 feet from Eden Road and approximately 45 feet from Regional Center Road. Access to this site is provided by two, 20-foot driveways off Eden Road which is designed as a commercial street. Changes to the site plan include primarily, the addition of 15 parking spaces including a reduction in parking lot setbacks along Eden Road to 17.5 feet and along Regional Center Road to 35 feet and a change in the proposed landscaping and grading plans. The effect of increasing the number of parking spaces from 42 to 57 is three-fold. First, it increases the parking ratio from five spaces per 1,000 square feet Gross Floor Area (GFA) to 6.86 spaces per 1,000 square feet GFA. Calculating a figure using the proposed 50% office, 50% commercial/retail mix, a ratio of 6.5 spaces per 1,000 square feet GFA, or 54 spaces would be required. 57 spaces are provided which would appear adequate providing the 50% office, 50% commercial/retail mix be maintained. Secondly, it increases the amount of parking lot surface area including driveways on the site from approximately 37% to approximately 50%. With the addition of a building footprint of 4,150 square feet, total impervious surface on the site would be approximately 60%. Finally, the proposed parking lot has been redesigned utilizing minimum setbacks including a 17.5-foot setback along part of Eden Road and a ten-foot minimum setback along the western property line. Because of this, changes in the approved landscape and grading plan will have to be made. Revised plans must submitted for review prior to the City Council meeting. Foreseeable problems with these revised plans include the reduction of berming along Eden Road currently designed to help screen the parking areas and the disruption of open space in the proposed landscaping. Because of this, Staff recommends that in addition to berming, a double row of evergreens (8-foot minimum) be planted adjacent to Eden Road to help screen parking areas. Parking The currently approved site plan depicts an 8,300 square foot building and parking lot area containing 42 parking spaces. In the Office zoning districts, a total of five parking spaces per 1,000 square feet GFA is required. The proposed site plan includes an additional 15 spaces which raises the total number to 57 parking spaces. Within the commercial zoning district a total of eight parking spaces per 1,000 square feet GFA is required. If the building were occupied 100% for commercial, there would be a ten space parking shortage. However, the applicant has stated that the proposed use for the site would be the rental of approximately 50% office space, and 50% of commercial/retail space. Based on this, Staff calculated parking figures using 4,150 square feet of office space at five parking spaces per 1,000 square feet GFA, and 4,150 square feet of commercial/retail at eight parking spaces per 1,000 square feet GFA, or a total of 54 parking spaces. The applicant is providing 57 spaces. Because of this, Staff would recommend that two of the parking spaces adjacent to the median along Eden Road be eliminated to allow for the median to be increased in width to a total of 26.5 feet. (See Attachment A) In order to insure that the parking requirement is being met, the proponent will be required through the Developer's Agreement to limit Cardarelle III Amendment 3 January 24, 1986 the mix of land uses to 50% office and 50% commercial/retail. Should the proponent wish to increase the mix of commercial/retail versus office, Staff will require documentation stating that the number of parking spaces provided is sufficient to handle the probable increase in demand. Landscaping The currently approved landscape plan depicts a total of 170 caliper inches of trees. Based on the new site plan, the majority of landscaping will be displaced due to the parking lot redesign. In order for Staff to further evaluate the request, the applicant will be required to submit a new landscape plan. The plan shall be submitted prior to City Council review. Grading In addition to the displacement of landscaping, the grading plan also changes substantially. Included with this, is the elimination of the four-foot berm along Eden Road, partial elimination of the berm at the intersection of Eden Road and Regional Center Road, and the extension of the parking lot area within ten feet of the western property line. As with the landscaping plan, the applicant will be required to provide a new grading plan prior to City Council review, for Staff to evaluate. STAFF RECOMMENDATIONS Staff would recommend approval of the request for Zoning District Change from Office to C-Regional-Service based on the Staff Report dated January 24, 1986, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Submit a revised landscape plan for review. B. Submit a revised grading plan for review. C. Revise the site plan to reflect the elimination of the two parking spaces adjacent to the median along Eden Road thus allowing for the median to he increased in width by 9 feet to a total of 26.5 feet. D. Submit documentation limiting the mix of uses within the building to 50% office and 50% commercial/retail. E. Should an increase in commercial/retail lease space be desired, proponent shall submit documentation stating that the parking which is provided will be sufficient to accommodate the probable increase in demand. Eden Prairie 59344 0 C7 /67,0 '• • 2 Story Office Bldg. 1,4 35 ,„ 1;4qa—" -1 :277:2E: ' r':- i ; • , . . ',ti c .‘ ....-/. .4 /1"-'s , la- AA Or;Ve t. -t4IINIREASEIDO MEDIAN WIDTH . 1 1 I 1 Hi --..+Vt e• 1,N:"' 1"11-4-1---190 1 n ..1 . l 1 • 1,7 1,:-7. r f-4 '1 '''' , n '1 I I I 0 q" • i $' 1 ... .a . I i , I ,,;. 4 I.4 L ') -0 K1 /9 •1-- ' ' :" ':ifi ' ' ‘"' - ' ' ' '11'."'..'' .::•n• ''))'... "" ' :'' ..55--. ..ff,./2 • • " ----...4- ........ . ; ..• r§ ... 1 414-7Thl --4.-mia-„c•-v 7 ‘2 00 ' - - 0.,n , / 4 r•,: IN C.0 N. S. 1 \ ze0.1 o 4; ''''' OS i c. N. .. 1 ...9 N 7 ,A \ S. \\ c .; A / -^S-. \ da, \ „Acct 311 S. . ...... 17.f ‘') Scale: 1"=4C' 1 East E. West qtr. linrt S. 14 77J_"4_ ATTACHMENT A RESOLUTION NO. ib A RESOLUTION TO DESIGNATE AND ESTABLISH A HOUSING DISTRICT AND ESTABLISH A TAX INCREMENT FINANCING DISTRICT NO. 10 PURSUANT TO THE PROVISIONS OF SECTION 273.71 TO 273.78 INCLUSIVE OF THE MINNESOTA STATUTES (CHAPTER 322, LAWS OF MINNESOTA, 1979), ADOPTING A HOUSING PROGRAM AND FINANCE PLAN FOR SAID HOUSING AND TAX INCREMENT FINANCE DISTRICT, AND APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITYS' INTEREST REDUCTION PROGRAM FOR THE DISTRICT. WHEREAS, the City Council of the City of Eden Prairie, Minnesota, ("City"), has determined that it is necessary and desirable in the public interest to designate, establish, develop and administer a Housing District in the City of Eden Prairie, Minnesota, as defined in Minnesota Statutes Section 273.72, Subd. 11; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Eden Prairie, ("HRA"), has adopted a Redevelopment Plan dated October, 1985, (the "Plan"), part of which plan contains a method of financing for a Project as defined in Minnesota Statutes Section 462.421, Subd. 14; and WHEREAS, the Plan has been prepared by the HRA with the cooperation and assistance of the appropriate City departments; and WHEREAS, the City Council adopted the Plan on November 5, 1985; and WHEREAS, the HRA, by resolution duly adopted at a meeting held on February 18, 1986, did approve a Tax Increment Financing Plan ("TIF Plan") and Interest Reduction Program and did authorize application to the City Council for the TIF Plan and Interest Reduction Program; and WHEREAS, the HRA may not proceed with the TIF Plan unless the City Council, by resolution, makes certain findings with respect to the TIF Plan and designates Tax Increment Financing District No. 10 ("TIF District No. 10"); and WHEREAS, the City Council of the City has determined that tax increment financing will be necessary to finance the public costs associated with the Housing District and Project within the TIF District pursuant to Minnesota Statutes 273.71 to 273.78, inclusive; and Page -2- WHEREAS, the HRA has fully informed the members of the Board of Hennepin County Independent School District 272 and Vocational School District 287 and Hennepin County Board of Commissioners of the fiscal and economic implications of the proposed TIF District; and WHEREAS, at said public hearing, all persons and parties were given full opportunity to present written or oral testimony, comments, objections, suggestions, and other matters, all of which were duly considered by the City Council; and WHEREAS, the HRA has certified there are no individuals, families and businesses that will be displaced as a result of the carrying out of this project; and WHEREAS, the TIF Plan will afford maximum opportunity consistent with the sound needs of the municipality as a whole for the redevelopment of the area encompassed within the TIP District No. 10 by private enterprise; and WHEREAS, the TIF Plan conforms to the general plan for the redevelopment of the area and development of the municipality as a whole; and WHEREAS, the City Council of the City finds the proposed TIF District No. 10 is a Housing District and that it consists of a project intended for occupancy, in part, by persons or families of low and moderate income as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future Federal, State or Municipal legislation, or the regula- tions promulgated under any of those acts; NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, does hereby designate and establish a Housing District, approves Tax Increment Financing District No. 10, and adopts the TIF Plan and Interest Reduction Program for the Project and finds: 1. TIF District No. 10 is a Housing District; 2. That the proposed development, in the opinion of the City Council would not occur solely through private investment within the reasonably foresee- able future and, therefore, the use of tax increment financing is deemed necessary; 3. That the TIF Plan conforms to the general plan for the development or redevelopment of the municipality as a whole; Page -3- 4. That the TIF Plan will afford maximum opport u n i t y consistent with the sound needs of the City a s a whole for the development of the district by p r i v a t e enterprise; 5. That the Interest Reduction Program is neces s a r y to accomplish the goals of the City and carry o u t the TIF Plan. 6. That the City makes the above findings and h a s s e t forth the reasons and supporting facts for ea c h determination in writing, attached hereto as E x h i b i t "A". ADOPTED BY THE CITY COUNCIL this day of , 1986. Mayor ATTEST: City Clerk EXHIBIT "A" TO RESOLUTION IC-id- REASONS AND FACTS SUPPORTING FINDINGS FOR ESTABLISHMENT OF PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 10 AND THE ADOPTION CT A TAX INCREMENT FINANCING PLAN RELATING THERETO. BACKGROUND AND SUMMARY OF EVIDENCE In late 1984 the Planning Commission for the City of Eden Prairie first reviewed the site plan details for the proposed Prairie Village Apartments. The proposal originally involved one 56-unit apartment building for lower income elderly persons and one 56-unit multifamily apartment building in which at least 20% of the units would be reserved for tenants whose adjusted gross income did not exceed 80% of the Minneapolis/St. Paul metropolitan statistical area median income. The project was proposed for the parcel legally described as all of Outlot B and that part of Outlot C, Gonyea 4th Addition lying northwesterly of a line drawn from a point on the westerly line of said Outlot C distant 96.68 feet southeasterly along said western line from the most westerly corner of said Outlot C to a point on the northerly line of said Outlot C distant 159.24 feet southwesterly along said northerly line from the most northerly corner of said Outlot C (hereinafter referred to as the "Parcel"). It was determined that the Parcel was vacant, unused and underused Page -2- within the meaning of Minnesota Statutes 426.421, Subd. 13(3) and the Planning Commission recommended approval of the site plan details to the City Council. At the direction of the Eden Prairie Housing and Redevelopment Authority (hereinafter referred to as the "HRA"), a redevelopment plan for Prairie Village Apartments was prepared with the cooperation and assistance of the appropriate City department. The redevelopment plan was completed in October, 1985. The plan included the following analysis as to why the proposed Prairie Village Apartments would be consistent with the City's housing policies, RELATIONSHIP TO LOCAL OBJECTIVES The Prairie Village Apartments Project is consis- tent with the following policies set forth in the City's Housing Plan which was adopted pursuant to Minnesota Statutes Sec. 462(c). 1. The City's desire to encourage low income housing projects and to work with the Metropolitan Council to develop such projects. 2. The City's desire to encourage development of a variety of living and working environments for all kinds of people by holding development costs down. 3. The City's desire to encourage a variety of housing types and prices through innovative land use mixes. 4. The City's desire to encourage development of a variety of living and working environments for people of all ages, races and income groups. 5. In creating its multifamily housing finance program, the City Council of the City has found and determined that the preservation and enhance- ment of the high quality of life in the City is dependent upon the maintenance and provision of Page -3- adequate, decent, safe and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the citizens of the City; that a need exists within the City to provide in a timely fashion additional and affordable housing to persons residing and expected to reside in the City; that a need exists for mortgage credit to be made available for the new construction of additional multifamily housing; that a need exists to encourage elderly and low income housing projects; that a need exists to encourage development of a variety of living and working environ- ments for all kinds of people by holding development costs down; that a need exists to encourage a variety of housing types and prices through innovative architecture and land use mixes; and that a need exists to encourage development of a variety of living and working environments for all people of all ages, races, and income groups. 6. The City, in considering the multifamily housing program, has considered generally available information regarding conditions in the housing industry and the information contained in the City's 463(c) Housing Plan, adopted on October 30, 1978, as amended February 2, 1982 (the "Housing Plan"), including particularly i. The availability and affordability of other government housing programs; ii. The availability and affordability of private market financing for the acquisition of land for and construction of multifamily housing units; iii. An analysis of population and employment trends and future employments needs; iv. The recent housing trends and future housing needs of the City; and v. An analysis of how the program will meet the needs of persons and families residing and expected to reside in the City. :) Page -4- 7. The City, in considering this program, has further considered i. The amount, timing, and sale of bonds to finance the estimated amount of construction and mortgage loans to be made under the program, to fund the appropriate reserves and to pay the cost of issuance; ii. The method of monitoring and implementation of the program to assure compliance with the City's Housing Plan and its objectives; iii. The method of administering, servicing, and supervising the program; iv. The cost to the City, including future administrative expenses; v. The restrictions on the multifamily develop- ment to be financed under this program; and vi. Certain other limitations. The Plan along with the preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10 proposed to be located entirely within the Redevelopment Plan area was duly transmitted by the HRA to the Planning Commission for the City of Eden Prairie for its study and opinion thereon. At its meeting of October 28, 1985 the Planning Commission recommeLded adoption of the Plan and the preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10. The evidence introduced and described in the Planning Commission minutes of October 28, 1985, is made a part of the record in these proceedings. On November 5, 1985 in Resolution 85-2 the HRA adopted the October, 1985 Redevelopment Plan which included the preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District Page -5- No. 10. On November 5, 1985 in Resolution 85-243, the City Council, City of Eden Prairie also approved the Redevelopment Plan and pre- liminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10. The evidence introduced and described in the City Council minutes of November 5, 1985 is made a part of the record in these proceedings. Also made a part of the record in these proceedings is the August 26, 1985 letter of Sherrill Kuretich to Mayor Peterson and the members of the City Council which analyzes whythemultihousing project would nto be financially feasible as a conventionally financed project. No November 5, 1985 in Resolution No. 85-1 the ERA authorized the chairman and administrator of HRA to execute on behalf of the ERA the Purchase Agreement for the Parcel, as well as, the Property Management Agreement. Resolution No. 85-1 authorized the ERA to purchase the Parcel for the total sum of $150,000.00 payable in cash, $128,819.00 to be paid by the HRA and $21,181.00 to be paid by Prairie Village Limited Partnership. On November 19, 1985 the chairman and administrator of the ERA executed said Purchase Agreement and Property Management Agreement. On November 23, 1985 the Parcel was conveyed by the ERA to Prairie Village Limited Partnership for $21,181.00. The $128,819.00 originally paid by the ERA was subsequently reimbursed to the ERA in a Community Development Block Grant. As of today's date, the preliminary draft of the Tax Increment Finance Plan for Tax Increment Financing District No. 10 has undergone several changes. The original proposal for the Project included one 56-unit apartment Page -6- building for lower income elderly persons and one 56-unit apartment building in which at least 20% of the units would be reserved for tenants whose adjusted gross income did not exceed 80% of Minneapolis/ St. Paul metropolitan statistical area median income. The Project now includes one 56-unit apartment building for lower and moderate income elderly persons and one 56-unit apartment building to be rented at market rates. It is contemplated that the project will be partially financed through the sale of $6,000,000.00 Housing Revenue Bonds. The proposed Interest Reduction Program will cover the entire Project, but be applied to assist in financing the 56-unit apartment building for elderly low and moderate income tenants. Based upon the evidence and the record the Council sets fortn its further specific reasons and facts supporting its Findings as follows: I. The Tax Increment Financing District No. 10 contained in the Tax Increment Financing Plan for Tax Increment Financing District No. 10 consists of one parcel legally described as all of Outlot B and that part of Outlot C, Gonyea 4th Addition lying northwesterly of a line drawn from a point on the westerly line of said Outlot C distant 92.68 feet southeasterly along said westerly line from the most westerly corner of said Outlot C to a point on the northerly line of said Outlot C distant 159.24 feet southwesterly along said Page -7- northerly line from the most northerly corner of said Outlot C. (Tax Increment Financing District No. 10 is hereinafter referred to as the "TIF District No. 10"; Tax Increment Financing Plan for TIF District No. 10 is hereinafter referred to as the "TIF Plan"; and the property located within the TIF District No. 10 and identified above is hereinafter referred to as the "Parcel"). The Project consists of development of a residential complex containing two 56-unit apartment buildings and their accessory land uses. 56 units are intended for elderly low and moderate income households and the other 56 units will be made available at market rate. The Project has an estimated development cost of $6,000,000.00 and will be partially financed through the sale of Housing Revenue Bonds. The Parcel has been purchased by the Eden Prairie Housing and Redevelopment Authority and has been sold to Prairie Village Limited Pa-tnership, the developer. The Project will result in increased housing and low or moderate income elderly housing in the City and it will preserve and enhance the quality of life of the City by providing a range of housing opportunities. Page -8- Establishment of TIF District No. 10 is intended to aid in financing of the Project through the use of tax increments generated from the captured assessed value in the TIF District No. 10. TIF District No. 10 is, therefore, a tax increment financing district as defined by Minnesota Statutes, Section 273.73, Subd. 9. V. The Project, is a housing development project under Minnesota Statutes Section 462.421. The Project is intended for occupancy in part by persons or families of low and moderate income as defined in Chapter 462A, Title II of the National Housing Act of 1934, the Nationa l Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state or municipal legislation, or the regulations promulgated under any of these acts and constitutes a housing district as defined in Minnesota Statutes Section 273.73. VI. If the Project were financed with a conventional mortgage, the rents which would be needed to meet the mortgage payments would be so high that they would not be obtainable on today's market. The Interest Reduction Program, together with the mortgage revenue bond financing, will allow rent to be set at such levels as to qualify it as a low or moderate income development and will make the project economically feasible. For these reasons the use of tax increment financing for construction of the Project is deemed necessary. Page -9- VI'. The Parcel described in the Plan is located entirely within the Redevelopment Project Area created and established pursuant to the Redevelopment Plan adopted by the City Council on November 5, 1985, and Minnesota Statutes Chapter 462. The Redevelopment Plan is incorporated in the TIF Plan. The TIF Plan and Project have been reviewed by the City's Planning Commission and found to be in conformity with the previously adopted Redevelopment Plan and the general plan for development of the City. For these reasons, the TIF Plan conforms to the general plan for development or redevelopment of the City as a whole and will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the district by private enterprise. RESOLUTION NO. 86-31 A RESOLUTION REQUESTING THE COUNTY AUDITOR TO CERTIFY THE ORIGINAL ASSESSED VALUE OF THE REAL PROPERTY WITHIN THE BOUNDARY OF THE PRAIRIE VILLAGE TAX INCREMENT FINANCING DISTRICT NO. 10. WHEREAS, the City Council of the City of Eden Prairie ("City") has determined that it is necessary and desirable and in the public interest to establish, designate, develop, and administer a tax increment financing district pursuant to the provisions of Minnesota Statutes Section 273.71 to 273.78 inclusive; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY, that the Hennepin County Auditor is hereby requested to certify the assessed value of all real property within the boundaries of the tax increment housing district as described herein as of the date of the last equalized assessment, and each year hereafter, to certify the amount by which the assessed value has increased or decreased from the original assessed value and also, to certify the proportion which any increase or decrease bears to the total assessed value for the real property in said Tax Increment Financing District No. 10, for that year, and also, to remit to the City each year the hereafter, the proportion of all taxes paid that year on real property in the District which the captured assessed value bears the the total current value, all pursuant to Minnesota Statutes 273.76, Subd. 1 and 2 (Chapter 322, Laws of Minnesota, 1979). Adopted this day of , 1986. Miyor ATTEST: City Clerk FEBRUARY 18,1986 81.06 749.35 2709.6:: 22486.59 9465.3E 16910.9E 135.65 1615.00 7.50 7.50 7.50 7.50 7.50 7.50 7.50 10.00 4768.00 63.00 200.00 1935.00 221.50 19066.63 80.88 0.00 3.00 18.00 1.00 0.50 17.00 13.00 13.00 13.00 14.75 15.00 11.25 16.00 15.00 11.25 0.00 15.00 14.00 14.00 12.75 12.75 11.25 26.00 12.00 15.00 3.50 2.50 1Ug 32.00 2.00 24616 VOID CHECK 25231 VOID OUT CHECK 25351 VOID OUT CHECK 25381 FEDERAL RESERVE BANK 25382 COMMISSIONER OF REVENUE 25383 DEPARTMENT OF EMPLOYEE RELATIONS 25384 INTERNAL REVENUE SERVICE 25385 ICMA RETIREMENT CORP 25386 JEFF CHAFFEE 25387 CAROL DOLLY 25388 LOUISE DOUGHTY 25389 DIANA MARHULA 25390 BILL MC NEIL 25391 JUDY IBIS 25392 MAUREEN STANDLER 25393 PE RA 25394 GREAT WEST LIFE ASSURANCE CO 25395 PERA 25396 SUBURBAN NATIONAL BANK 25397 CITY-COUNTY CREDIT UNION 25398 UNITED WAY OF MINNEAPOLIS 25399 PERA 25400 MINNESOTA UC FUND 25401 VOID CHECK 25402 JEREMY BERG 25403 DAN DUNSMORE 5404 KEVIN CARNEY 25405 MAUREEN CARNEY 25406 JEAN ESBENSEN 25407 T J ESBENSEN 25408 MATT FOX 25409 NENA FOX 25410 LUCY C HALL 25411 SHANNON HARER 25412 MATTHEW HASZ 25413 SARA IRVING 25414 RACHEL JOHNSON 25415 NICOLE KELJIK 25416 VOID CHECK 25417 DREW LOMEN 25418 JEREMY MOOT 25419 DANIELLE PALKERT 25420 RICHARD PERKINS 25421 MARY PERKINS 25422 ZACK PERKINS 25423 DIANE PFLEPSEN 25424 BETSY RODOCY 25425 KATIE SCHWARTZ 25426 MOLLY SCHWEIGER 25427 MEGAN SHIMOTA 25428 ALYCIA SMUG 1429 JUDY SLETTEDAHL J430 ERIC & NEAL WILDGREN 25431 PETER ARNESON 25432 HUDSON MAP CO 7384991 PAYROLL 1/24/86 PAYROLL 1/24/86 PAYROLL 1/24/86 WITHHOLDING FROM EMPLOYEE PER IRS PAYROLL 1/24/86 REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING PAYROLL 1/24/86 PAYROLL 1/24/86 PAYROLL 1/24/86 PAYROLL 1/24/86 PAYROLL 1/24/86 PAYROLL 1/24/86 PAYROLL 1/24/86 PAYROLL 1/24/86 REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND PRENATAL CLASS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS REFUND SWIMMING LESSONS 1986 MAP BOOKS -POLICE DEPT 25433 25434 ( 5435 25436 25437 25438 25439 2 5440 25441 25442 25443 25444 25445 25446 25447 25448 25449 25450 25451 25452 25453 25454 25455 25456 25457 25458 25459 -5460 J461 25462 25463 25464 25465 25466 25467 25468 25470 25471 25472 25473 25474 25475 25476 25477 25478 25479 25480 25481 25482 9 5483 ( 184 SOUTHWEST TRAILS SUPPLEE ENTERPRISES INC LEAGUE OF MINNESOTA CITIES DANA GIBBS EAGLE WINE CO ED PHILLIPS & SONS CO GRIGGS COOPER & CO INC TWIN CITY WINE CO PRIOR WINE CO PAUSTIS & SONS CO QUALITY WINE CO CAPITOL CITY DISTRIBUTING CO AT & T CONSUMER PRODUCTS DIV MINNESOTA GAS CO NORTHERN STATES POWER CO NORTHWESTERN BELL TELEPHONE CO RICHARD BUNIN TAMARA GILMORE ADAM WOLF NORTHERN STATES POWER CO STATE OF MINNESOTA SUN ELECTRIC CO VOID CHECK MICHAEL AND SUSAN LEVI TARA COSTELLO AT & T COMMUNICATIONS AT & T INFORMATION SYSTEMS NORTHERN STATES POWER CO MINNESOTA GAS CO NORTHERN STATES POWER CO DIANE M DE POE CAROL DOLLY KATHLYN NICHOLSON MARTHA C PIDDE ROBERT PIDDE MARGOT PARKER MID AMERICA POWER DRIVE LOIS MOLTER CAMEY REID RON-MAR PROPERTIES EDEN SQUARE SHOPPING CENTER RIALTO INVESTMENTS PRIOR WINE CO QUALITY WINE CO GRIGGS COOPER & CO INC ED PHILLIPS & SONS CO TWIN CITY WINE CO EAGLE WINE CO CAPITOL CITY DISTRIBUTING CO AFTON ALPS CAPITOL CITY DISTRIBUTING CO REIMBURSE SW TRAILS FOR STATE GRANT FEBRUARY RENT -LIQUOR STORES CONFERENCE -CITY MANAGER & COUNCIL MEMBERS PACKET DELIVERIES -JAN 10/17/24/31 WINE LIQUOR LIQUOR LIQUOR WINE WINE WINE WINE SERVICE SERVICE SERVICE SERVICE REFUND MEETING ROOM RENTAL REFUND SWIMMING LESSONS REFUND SKATING LESSONS SERVICE MEMBERSHIP -CPV PROGRAM ANALYSIS FOR CAR ENGINES - EQUIPMENT MAINT REFUND WATER & SEWER BILL REFUND SKI TRIP SERVICE SERVICE SERVICE SERVICE SERVICE REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING REFUND ADULT DAY OUTING -EXPENSES FOR STARING LAKE ANNIVERSARY CELEBRATION -EXPENSES -STARING LAKE ANNIVERSARY CELEBRATION MUSICIAN SEMINAR - STREET DEPT REFUND ADULT DAY OUTING REFUND SKI TRIP REFUND INDUSTRIAL DEVELOPMENT BOND REFUND INDUSTRIAL DEVELOPMENT BOND REFUND INDUSTRIAL DEVELOPMENT BOND WINE WINE LIQUOR LIQUOR LIQUOR WINE LIQUOR AFTON SKI TRIP -FEES PD BEER 9222.45 4026.80 200.00 117.00 8882.99 1306.35 999.91 3348.11 795.64 388.51 256.61 428.00 13.80 13499.97 596.04 90.98 57.00 40.00 13.00 1292.82 250.00 2709.63 0.00 94.87 4.00 53.56 1485.42 5.14 1651.24 5889.49 17.25 17.25 17.25 17.25 17.25 75.00 110.00 20.00 17.25 12.85 7500.00 62000.00 19000.00 26.44 161.25 260.50 4064.08 842.18 1748.17 502.17 414.00 48.40 25469 PHILL NELLAS 15460787 25485 CITY CLUB DISTRIBUTING CO 5486 REX DISTRIBUTING CO INC _5487 BEER WHOLESALERS INC 25488 KIRSCH DISTRIBUTING CO 25489 MARK VII SALES 25490 ROYAL CROWN BEVERAGE CO 25491 THORPE DISTRIBUTING CO 25492 COCA COLA BOTTLING CO 25493 EAST SIDE BEVERAGE CO 25494 TWIN CITY HOME JUICE CO 25495 PEPSI/7-UP BOTTLING CO 25496 DAY DISTRIBUTING CO 25497 LES BRIDGER 25498 FEDERAL RESERVE BANK 25499 COMMISSIONER OF REVENUE 25500 DEPARTMENT OF EMPLOYEE RELATIONS 25501 INTERNAL REVENUE SERVICE 25502 MINNESOTA STATE RETIREMENT ASSN 25503 GREAT WEST LIFE ASSURANCE CO 25504 ICMA RETIREMENT CORP 25505 INTERNATIONAL UNION OF OPERATING 25506 PE RA 25507 CITY-COUNTY CREDITY UNION 25508 PHYSICIANS HEALTH PLAN 25509 GROUP HEALTH PLAN INC 25510 MED CENTERS HEALTH PLAN 7 5511 COMMERCIAL LIFE INSURANCE CO 512 PRUDENTIAL z5513 AMERICAN RED CROSS SOUTH BRANCH 25514 MINNESOTA ASPHALT PAVEMENT ASSOC 25515 GWEN BARKER 25516 SUSAN BARSMNESS 25517 DUSTIN BENDELL 25518 SEAN CLARKE 25519 JESSICA DIRKS 25520 RYAN FLYNN 25521 JOAN FOY 25522 EVERETT FROMM 25523 SARAH LA FRENZ 25524 WORLDWIDE NATIONWIDE TRAVEL 25525 A & H WELDING & MFG CO 25526 ACRO-MINNESOTA INC 25527 ALLANSON BUSINESS PRODUCTS INC 25528 AMERICAN LINEN SUPPLY CO 25529 AMI PRODUCTS INC 25530 EARL F ANDERSEN & ASSOC INC 25531 ASPLUND COFFEE CO INC 25532 ROBERT ARNDT 25533 ARTISTIC APPLICATIONS & CO 25534 BATTERY & TIRE WAREHOUSE INC 25535 JIM BERGSTROM 36 TIM BLOCK J37 BLACK & VEATCH 19295212 BEER 1719.15 BEER 718.85 BEER 4521.00 BEER 516.55 BEER 8745.60 MIX 113.60 BEER 11869.62 MIX 881.75 BEER 7184.45 MIX 13.08 MIX 513.10 BEER 3359.55 REIMBURSE SURVEILLANCE VAN FUND 100.00 PAYROLL 2/7/86 21506.90 PAYROLL 2/7/86 9172.59 PAYROLL 2/7/86 17035.02 WITHHOLDING FROM EMPLOYEE PER IRS 126.88 PAYROLL 2/7/86 10.00 PAYROLL 2/7/86 4768.00 PAYROLL 2/7/86 1625.00 FEBRUARY 86 UNION DUES 609.00 PAYROLL 2/7/86 18351.52 PAYROLL 2/7/86 1985.00 PAYROLL 2/7/86 12097.28 PAYROLL 2/7/86 2291.70 PAYROLL 2/7/86 6646.05 PAYROLL 2/7/86 199.80 PAYROLL 2/7/86 571.09 CPR TRAINING COURSE -COMMUNITY CENTER 15.00 REGISTRATION -ENG DEPT 60.00 REFUND SWIMMING LESSONS 14.00 REFUND SWIMMING LESSONS 16.00 REFUND SWIMMING LESSONS 4.00 REFUND SKI TRIP 3.00 REFUND SWIMMING LESSONS 14.00 REFUND SWIMMING LESSONS 14.00 REFUND SWIMMING LESSONS 15.00 REFUND SWIMMING LESSONS 4.00 REFUND SKI TRIP 3.00 AIRFARE -WATER DEPT 300.00 WELDING SERVICE - MACE DEPT 391.50 OFFICE SUPPLIES 1094.92 PAPER - POLICE DEPT 401.34 JAN 86 RUG SERVICE - LIQUOR STORE 9.05 COUPLERS/CHAIN -EQUIPMENT MAINTENANCE 258.80 WARNING SIGNS & POSTS 698.80 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 120.00 JAN 86 CUSTODIAL SERVICE 200.00 REFUND CONTRACTORS LICENSE FEE 25.00 -OIL FILTERS/BATTERIES/SIGNAL LIGHTS/ 849.82 CABLE - EQUIPMENT MAINTENANCE EXPENSES - POLICE DEPT 49.00 BASKETBALL OFFICIAL -FEES PD 78.00 SERVICE -WATER PLANT EXPANSION 51061.76 :13`i 25538 SAM BLOOM IRON & METAL CO INC IRON FOR SHOOTING RANGE TRAILER 603.32 ! 25539 BLOOMINGTON LOCKSMITH CO REPAIR LOCKS AT LIQUOR STORE 62.00 ( 5540 BORCHERT-INGERSOLL HYDRAULIC REVERSIBLE PLOW - STREET DEPT 8143.93 45541 LOIS BOETTCHER -SERVICE -FEBRUARY 3RD PARK & RECREATION 57.00 COMMISSION MEETING 25542 BOYER FORD TRUCK -VALVE/TRANSMISSION DIP STICK - EQUIPMENT 56.44 MAINTENANCE 25543 BROADWAY EQUIPMENT COMPANY CAR WASH POWDER -POLICE DEPT 244.84 25544 BROWN PHOTO -FILM/CAMERA $703.58 -ASSESSING DEPT/PHOTO 806.63 PROCESSING -FORESTRY DEPT 25545 BRUNSON INSTRUMENT CO EQUIPMENT RENTAL 170.00 25546 BRYAN ROCK PRODUCTS INC ROCK 369.08 25547 BUREAU OF BUSINESS PRACTICE BOOK- FORESTRY DEPT 81.36 25548 BUSINESS FURNITURE INC 2 DESKS/CHAIR - STREET DEPT/WATER DEPT 955.00 25549 BUSH STEEL CO SHEARING OF IRON FOR TRAILER- POLICE DEPT 4.00 25550 BUTCHS BAR SUPPLY SUPPLIES - LIQUOR STORE 187.55 25551 JAN CALHOON EXPENSES- NOV 85 & JAN 86 MILEAGE 296.30 25552 CARDOX CORP CARBON DIOXIDE - WATER DEPT 899.99 25553 CITY OF CHANHASSEN NOV & DEC 85 SERVICE-LAKE ANN INTERCEPTOR 1838.10 25554 CHANHASSEN BUMPER TO BUMPER -DISTRIBUTOR CAP/CYLINDER KIT/CARBURATOR 1347.31 /ROTOR/GAS FILTER/BEARINGS/FAN CLUTCH/COIL 25555 COMMISSIONER OF TRANSPORTATION SERVICE - MITCHELL & HWY 169 101.47 25556 JEFF CONRADI HOCKEY OFFICIAL -FEES PD 168.00 25557 CORNERSTONE ADVOCACY SERVICE -1/2 THE CONTRIBUTION FOR BATTERED WOMEN 1250.00 SERVICE 25558 COPY EQUIPMENT INC VELLUM/BLUELINE -ENGINEERING DEPT 426.31 25559 COUNTRY CLUB MARKET INC SUPPLIES - CITY HALL 446.84 '5560 CURTIS INDUSTRIES -BATTERY TERMINALS/GREASE FITTINGS/WIRES- 477.00 EQUIPMENT MAINTENANCE 25561 CUTLER-MAGNER COMPANY QUICKLIME - WATER DEPT 1968.07 25562 WARD F DAHLBERG JANUARY 86 EXPENSES 80.00 25563 GENE E DAHLKE EXPENSES - POLICE DEPT 7.05 25564 DALCO -CLEANING SUPPLIES/4 DOOR MATS FOR P/S 601.73 BLDG $443.00 25565 EUGENE DIETZ JANUARY 86 EXPENSES 168.00 25566 JENNIFER DRESSEN EXPENSES - COMMUNITY CENTER 7.50 25567 DRISKILLS SUPER YALU EXPENSES -CITY HALL 53.37 25568 EARL'S ART & DRAFTING SUPPLIES IN OFFICE SUPPLIES - PLANNING DEPT 18.12 25569 EAU CLAIRE COUNTY WITHHOLDING FROM EMPLOYEE PER COURT ORDER 2.00 25570 EDEN PRAIRIE FIRE DEPT SUPPLIES - FIRE DEPT 199.48 25571 EDEN PRAIRIE TRASHTRONICS JANUARY 86 TRASH PICKUP 325.00 25572 CITY OF EDINA JANUARY 86 TESTS - WATER DEPT 103.00 25573 ELVIN SAFETY SUPPLY INC -HIP BOOTS/FACEPIECES/CLEANING SOLUTION- 137.65 WATER DEPT 25574 JEFF ELWELL MILEAGE - COMMUNITY CENTER 17.50 25575 EPA AUDIO VISUAL LENS - WATER DEPT 108.92 25576 JOHN ESS & SONS INC BATTERY -P/S BLDG 39.36 25577 DON EVE & SONS BALES - PARK MAINTENANCE 87.50 25578 EXIDE BATTERY SALES 4 BATTERIES - EQUIPMENT MAINTENANCE 400.44 25579 FEED RITE CONTROLS INC CHLORINE - WATER DEPT 840.35 25580 FITNESS ASSOCIATES INC STRESS TESTS - POLICE DEPT 444.00 25581 FLYING CLOUD SANITARY LANDFILL TAX ON LANDFILL DISPOSAL -PARK MAINTENANCE 15.60 25582 G & K SERVICES SERVICE 505.32 ( 583 G & L CONTRACTING INC SERVICE - STREET DEPT 207.50 2532993 VOLLEYBALL OFFICIAL -FEES PD RADIO REPAIR & PARTS -POLICE DEPT PAINT - PARK MAINTENANCE 11 BANDSAW BLADES - PARK MAINTENANCE ELECTRIC MOTOR - WATER DEPT REPAIR RESTART SYSTEM FOR PUMPS-P/W BLDG BRAKE LATHE PARTS - STREET DEPT HINGES - POLICE DEPT SHOVEL - PARK MAINTENANCE BASKETBALL OFFICIAL -FEES PD ADS - LIQUOR STORES -1986 TAX MICROFISCHE-ENGINEERING/FORESTRY AND ASSESSING DEPTS REGISTRATION FEE CONFERENCE- POLICE DEPT DECEMBER 85 BOARD OF PRISONERS INSTALL & REMOVE RADIOS -POLICE DEPT MECHANICAL MAINTENANCE-2/15/86 TO 2/15/87 REPLACE BALL VALVE -P/S BLDG -SERVICE NOV & DEC 85/TOPOGRAPHIC MAPPING- MILLER PARK MARCH 86 INSTALLMENT PAYMENT MAINTENANCE AGREEMENT FOR CITY TYPEWRITERS -RENTAL OF CENTRAL MIDDLE SCHOOL GYM 8 LOCKERS 1985 TONER -CITY HALL/COPY OVERAGE -POLICE DEPT REPAIR HEATER - EQUIPMENT MAINTENANCE OFFICE SUPPLIES - POLICE DEPT EXPENSES - POLICE DEPT BASKETBALL OFFICIAL -FEES PD BASKETBALL OFFICIAL -FEES PD OFFICE SUPPLIES -WATER DEPT/COMMUNITY SVC GRINDING WHEELS - COMMUNITY CENTER -WIRE/PAINT/STRIPS/LUMBER -WATER MAINT/ FORESTRY DEPT -BOLTS/NUTS/FINISHING WASHERS/SCREWS/ -PRIMER/VALVE/LETTERS/HANDLE/FILE/PADLOCK/ -ARMORALL/BATTERIES/SOCKET/DRILL/MIXER/ -PAINT THINNER/SPONGE BRUSHES/WIRE/PAINT -TRAYS/TUBING/RINGS/FILTERS/LAMP/PAPER -PLATES/PLEDGE/ROLLERS/VARNISH/ -HINGES/DROPCLOTH/KNIFE/WEATHER STRIP/ -GLOVES/CHAIN/KEY/PAINT/OIL CAN/MATCHES/ PIPE/BOOSTER CABLES/NAILS/BULBS/CUTTER -HOOKS/ROPE/BOLT/NUT/SAW BLADE-POLICE DEPT /PARK MAINT/EQUIPMENT MAINT EXERCISE CLASS INSTRUCTOR -FEES PD JANUARY 86 EXPENSES SUPPLIES - LIQUOR STORES HYDRAULIC FITTINGS/CENTER LINK/0 RINGS DUES REFUND OF WATER & SEWER BILL -RUG SERVICE-EQUIPMENT MAINT/POLICE/CITY HALL VOLLEYBALL OFFICIAL -FEES PD 52.00 373.75 52.09 70.84 78.82 218.25 235.50 48.03 80.40 130.00 86.68 122.55 54.00 1356.00 50.08 7475.00 84.35 1065.00 424.32 2365.00 2249.20 239.00 24.50 6.60 7.96 156.00 60.00 150.52 187.80 195.45 785.98 61.46 17.00 165.00 101.25 872.44 2912.00 3350.29 360.40 234.00 ` 5584 DANIEL G GARLAND GENERAL COMMUNICATIONS INC 25586 GLIDDEN PAINT 25587 W W GRAINGER INC 25588 W w GRAINGER INC 25589 HALE COMPANY INC 25590 HANCO 25591 HANUS SALES A REPAIR FACILITY 25592 JIM HATCH SALES COMPANY INC 25593 ROGER HAWKINSON 25594 HEALTH & HOME 25595 HENNEPIN COUNTY 25596 HENNEPIN COUNTY CHIEFS OF POLICE 25597 HENNEPIN COUNTY 25598 HENN CTY-SHERIFFS DEPT 25599 HONEYWELL INC 25600 HORWITZ INC 25601 MARKHURD CORP 25602 IBM 25603 IBM 25604 INDEPENDENT SCHOOL 01ST #272 25605 INTL OFFICE SYSTEMS INC 9 5606 J & R RADIATOR CORP 607 JAK OFFICE PRODUCTS 65608 WALTER CHARLES JAMES 25609 MARTY JESSEN 25610 PENNEY A JESSEN 25611 JM OFFICE PRODUCTS INC 25612 JONAH USA LTD 25613 JUSTUS LUMBER CO 25614 KARULF HARDWARE INC 25615 KRAEMERS HOME CENTER 25616 RALPH KRATOCHVIL 25617 BOB LAMBERT 25618 LANCE 25619 LANDCO/HANSEN TRAILER SERVICE & E 25620 LEAGUE OF MINNESOTA CITIES 25621 LEE DATA 522 LEEF BROS INC 25623 BOB LANZI 2655951 25624 LOG IS '5625 MAGELSSEN .)626 MAIN STREET MERCHANTS INC 25627 MASYS CORPORATION 25628 BARB MATSON 25629 MCI CELLCOM 25630 BILL MC NEIL 25631 METRO PRINTING INC 25632 MIDLAND PRODUCTS CO 25633 MINNESOTA COMMUNICATIONS CORP 25634 MINNESOTA RECREATION & PARK ASSOC 25635 MINNESOTA SUBURBAN NEWSPAPERS INC 25636 MINNESOTA SUBURBAN NEWSPAPERS INC 25637 MMM HFY7253 25638 MODERN ELECTRIC 25639 MURPHY PLUMBING & HEATING 25640 MY CHEESE SHOP 25641 NORTHERN POWER PRODUCTS INC 25642 NORWEST BANK MINNEAPOLIS NA 25643 OFFICE PRODUCTS 25644 RICK PALMER 25645 PARK AUTO UPHOLSTERY 25646 PEPSI/7-UP BOTTLING CO 25647 CONNIE L PETERS 25648 PITNEY BOWES 25649 PIONEER RIM & WHEEL CO HOMESTEAD CARDS -ASSESSING DEPT PIANO TUNING - SENIOR CENTER ADS -LIQUOR STORE MARCH 86 MAINTENANCE AGREEMENT-POLICE DEPT AQUA AEROBICS INSTRUCTOR- FEES PD SERVICE - POLICE DEPT TENNIS NET - PARK MAINTENANCE REPORT FORMS - POLICE DEPT -CONCESSION STAND SUPPLIES/FILTER/MOTOR/ HEATER/DOME LIGHTS - COMMUNITY CENTER FEBRUARY 86 PAGER SERVICE - WATER PLANT BROOMBALL REGISTRATION FEES -FEES PD ADS - LIQUOR STORES EMPLOYMENT ADS - COMMUNITY CENTER REFLECTIVE LIQUID - WATER DEPT REPAIR EXHAUST FAN & MOTOR -PARK MAINT REFUND GAS FITTERS LICENSE LUNCHES FOR COUNCIL MEMBERS CHIPPER PARTS -STREET DEPT BOND PAYMENTS PRINTER $649.00/SUPPLIES - CITY HALL BASKETBALL OFFICIAL -FEES PD REPAIR SEAT - POLICE DEPT CONCESSION STAND SUPPLIES-COMMUNITY CENTER MILEAGE - COMMUNITY CENTER SILICONE OIL FOR COPIER-COMMUNITY CENTER -AXLE/BRAKES/TANDEM KIT/JACK TOP/ACTUATOR- POLICE DEPT VOLLEYBALL/BASKETBALL OFFICIAL -FEES PD -REPLACE FIXTURE BALLAST-POLICE DEPT/ -RESTORE POWER PARKING LOT/CHECK LIGHT POLES/HEATER REPAIR - PARK MAINTENANCE KNIVES SHARPENED -EQUIPMENT MAINTENANCE SAND - STREET DEPT FITNESS CLASSES -FEES PD POINTS/FILTER/OIL- COMMUNITY CENTER VOLLEYBALL OFFICIAL -FEES PD KEY/SOCKET CLOSURE CAP-COMMUNITY CENTER DISPATCH SERVICE-1/1/86- 3/31/86-POLICE SERVICE - SANITARY LIFT STATION - -TRIP FOR SNOW PLOW/RETURN PARTS FROM SNOW PLOW - EQUIPMENT MAINTENANCE -ALTERNATOR- EQUIPMENT MAINTENANCE/TREE SKIDDER STARTER -FORESTRY DEPT HOCKEY OFFICIAL -FEES PD FORMS - COMMUNITY CENTER SEPT TO DEC 85 SERVICE -NEW CITY HALL -REPAIR SQUAD CAR #265 #2329.63/ -DISTRIBUTOR CAP/SPACER/CLAMP/EXHAUST/ VALVE/CABLE/POWER WINDOW MOTOR -CABLE TIES/BLUE POLY/HAND CLEANER/GREASE/ -REG GAS #2907.00/LIGHT/BREAK HOSES/ -HYDRAULIC FLUID -POLICE DPET/EQUIPMENT MAINTENANCE/COMMUNITY CENTER 608.06 35.00 170.00 914.00 147.00 60.41 40.00 1053.00 438.73 25.75 132.00 75.60 7.95 148.00 12.50 15.00 34.80 20.42 2800957.56 834.80 182.00 45.00 505.50 20.50 88.61 719.79 104.00 192.65 16.64 219.72 70.00 50.44 117.00 27.58 16605.72 1557.32 14.13 211.49 182.00 36.75 1634.48 2722.89 3419.83 -.)650 KEITH POKELA 25651 PRAIRIE ELECTRIC COMPANY INC 25652 PRINTERS SERVICE INC 25653 PRIOR LAKE AGGREGATE INC 25654 QUALITY FITNESS 25655 R & R SPECIALTIES INC 25656 FRED RAZAVI 25657 RECREONICS CORP 25658 CITY OF RICHFIELD 25659 RIEKE-CARROLL-MULLER ASSOC INC 25660 ROAD MACHINERY & SUPPLIES 25661 ROGERS SERVICE CO 25662 KENT A SANDNESS 25663 SEXTON DATA PRODUCTS INC 25664 SETTER LEACH & LINDSTROM INC 25665 SHAKOPEE FORD INC 25666 GORDON W SMITH CO 283447462 25667 SNAP-ON TOOLS CORP IMPACT GUN COVER -EQUIPMENT MAINTENANCE 5.25 ( 5668 SOO LINE RAILROAD COMPANY RAILROAD CROSSING SIGNALS 77.62 ' 45669 SOUTH HENNEPIN HUMAN SERVICES COU 1/2 OF 1986 CONTRIBUTION -HUMAN SERVICES 2800.00 25670 SOUTHWEST PLUMBING OVERPAYMENT ON PLUMBING PERMIT 15.00 25671 VOID CHECK 0.00 0.00 25672 SOUTHWEST SUBURBAN PUBLISH INC ADS - LIQUOR STORES 220.90 25673 STANDARD SPRING CO REPAIR CAR SEATS - EQUIPMENT MAINTENANCE 251.10 25674 SUBURBAN CHEVROLET -VALVE/FUEL PUMP/HOOD RELEASE/CABLE/GAS 749.96 -TANK/CABLE/COIL-EQUIPMENT MAINTENANCE 25675 SUBURBAN RATE AUTHORITY 25676 SUPPLEES 7 HI ENTER INC 25677 SULLIVANS SERVICES INC 25678 SKIP SWANSON 25679 VALERIE SWANSON 25680 SWANSON & YOUNGDALE INC 25681 KEVIN TIMM 25682 TOWN A COUNTRY PEST CONTROL CO 25683 TRACY OIL CO INC 25684 TWIN CITY OXYGEN CO 25685 UNIFORMS UNLIMITED 25686 UNITOG RENTAL SERVICES 25687 VALLEY INDUSTRIAL PROPANE INC 1 5688 SUE WALLACE 689 WATER PRODUCTS CO 25690 WESTBURNE SUPPLY INC 25691 WESTERN CHEMICAL CO 25692 WILSON TANNER INCENTIVES 25693 YOUR MAJESTY'S VALET LTD 25694 ZACK'S INC 25695 ZEP MANUFACTURING CO 25696 AMERICAN PLANNING ASSOC 25697 CITY OF FRIDLEY 25698 MINNESOTA GOODROADS INC 25699 LOWELL THONE 25700 SCHAFER CONTRACTING INC 25701 SHAFER CONTRACTING INC /WATER DEPT 1/2 OF 1986 DUES - CITY MANAGER LIGHT BULBS - LIQUOR STORE PUMP TANK- SENIOR CENTER VOLLEYBALL OFFICIAL -FEES PD VOLLEYBALL OFFICIAL -FEES PD PAINT - WATER DEPT BASKETBALL OFFICIAL -FEES PD SERVICE - SENIOR CENTER UNLEADED GAS -OXYGEN -EQUIPMENT MAINTENANCE/CARBON DIOXIDE -PARK MAINTENANCE UNIFORMS -POLICE DEPT UNIFORMS FOR CITY EMPLOYEES PROPANE GAS CYLINDERS-COMMUNITY CENTER VOLLEYBALL OFFICIAL -FEES PD -LOCK RINGS/GASKET/PIPE/SWIVEL-BUILDING/ 150 HORNS $1912.50 - WATER DEPT SUPPLIES - COMMUNITY CENTER CHEMICALS - WATER DEPT PLACQUE - COMMUNITY CENTER DRY CLEAN JACKETS - COMMUNITY CENTER FLOOR DRY/CROSS CHAIN-PARK MAINTENANCE -CHOKE/CARBUREATOR CLEANER -EQUIPMENT MAINTENANCE DUES - PLANNING DEPT 1986 DUES - P/W DEPT 1986 DUES - P/W DEPT CERTIFICATE FEE -BUILDING DEPT SERVICE -PRAIRIE CENTER DRIVE SERVICE- VALLEY VIEW ROAD 400.00 7.96 50.00 26.00 0.00 26.00 498.35 156.00 65.00 7712.90 79.67 3034.95 1409.97 174.76 52.00 2664.60 134.77 4773.60 25.00 19.00 208.20 184.50 132.00 10.00 80.00 15.00 246.60 3236.80 2954346 $3337317.42 _MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services" January 23, 1986 Riley Lake Use Ordinance Attached, for your review, is a copy of the proposed Lake U s e O r d i n a n c e f o r R i l e y Lake. This ordinance would provide for a "slow no wake" zon e e x t e n d i n g 1 5 0 ' o u t from Riley Lake Park, and along the entire length of Riley L a k e P a r k . I t w o u l d a l s o provide a designated water skier pickup and drop off area a l o n g t h e C i t y l a n d t h a t is located south and west of Riley Lake Park. These regulated areas would be marked with buoys, and a sig n c o n s t r u c t e d a t t h e public access of Riley Lake Park would designate the use of t h o s e a r e a s . This ordinance is recommended due to the problem that exists s o u t h o f t h e s w i m m i n g beach along the park frontage, where as many as 12 to 15 ski b o a t s a t t e m p t t o d r o p skiers and start skiers from the park shore at the same time • A l s o , i n t h i s s a m e area many people swim outside the swimming area, or sun bath o n v a r i o u s f l o t a t i o n devices. Our existing City ordinance only controls swimmers w i t h i n t h e s w i m m i n g area; however, staff is concerned that our liability extends b e y o n d t h a t a r e a . On warm weekends, this becomes a very conjested, high speed b o a t a r e a n o t a t a l l conducive to people swimming or floating outside the swimmin g a r e a . S t a f f i s concerned that this area is too small to continue to allow o r e n c o u r a g e b o t h i n b o u n d and outbound water ski traffic. The "slow no wake" zone would prohibit inbound and outbound w a t e r s k i t r a f f i c a l o n g the park frontage. (The proposed revisions to general Park U s e O r d i n a n c e , w h i c h will be reviewed shortly, will also prohibit any flotation de v i c e s f r o m b e i n g u s e d In the park and would require all swimmers using the park to s t a y w i t h i n t h e swimming beach area.) Boats would still be able to be brough t t o t h e s o u t h s h o r e o f the swimming area, however, at a very slow speed. The City owns approximately 700' of shoreline south of the e x i s t i n g C i t y p a r k . T h i s shoreline has a rather steep, unmaintained slope along the sho r e l i n e ; h o w e v e r , t h e shoreline is a hard packed sandy area that could be used for a w a t e r s k i s t a r t a n d drop off zone. I would also propose that this area be marked w i t h b u o y s a n d designated as a ski pick up and drop off zone. In August of 1985, staff requested Kim Elverum, State Boat an d W a t e r S a f e t y Coordinator, to review the feasibility of this request. Atta c h e d i s h i s A u g u s t 9 t h letter informally giving the go ahead to this proposed ordinan c e . Staff would like to have the second reading of the ordinance t a k e p l a c e b y A p r i l 1 5 , 1986, if at all possible. A copy of the proposed ordinance has been sent to the presi d e n t o f t h e R i l e y L a k e Homeowners Association. As this ordinance will only affect t h e w a t e r s i m m e d i a t e l y in front of existing property, staff does not feel it is re q u i r e d t o g a i n a p p r o v a l of the Homeowners Association; however, staff has offered t o m e e t w i t h t h e Association to explain the rationale for the request. BL:md STAJF-Of NONIESO4A DEPARTMENT OF NATURAL RESOURCES BOX 46 500 LAFAYETTE MAD • St PAUL MINNESOTA • 55146 ONR INFORMATION (612) 2964157 August 9, 1985 Robert A. Lambert Director of Cormunity Services 8950 Eden Prairie Road Eden Prairie, MN 55344-2499 Bob: I have informally reviewed the proposal you submitted on Riley Lake and have the tollowing comments: - Since Riley Lake lies in two cities (and two counties) I checked with our Attorney General's office and it is not crystal clear if Chanhassen would also have to adopt an ordinance as well. (Although it would seem rather odd having them adopt an ordinance in an area they have no control over.) - The concept of the "slow-no wake" zone in front of the park property seems to be a good one - would 150' out fom shore serve your purposes or would it be better at 300? - The ski drop off and pickup area also is a good alter- native to what sounds like a bad situation. - The prohibition of swimming outside the marked swim area should probably coincide with the "slow-no wake" area marked on the map and the ski drop off zone. I don't think you'll be able to regulate or enforce the prohibition on the rest of the shore. Otherwise everything seems quite feasible. If you need help draft- ing the ordinance or with anything else, please let me know. Sincerely, Kim A. Elverum Boat and Water Safety Coordinator KAE/dc CC: WSUM Task Force Kathleen Wallace, Region IV Administrator AN EQUAL OPPORTUNITY EMPLOYER ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY RENUMBERING PRESENT SECTION 9.64 AS 9.65; AND BY RENUMBERING PRESENT SECTION 9.65 AS 9.66; AND BY ADDING SECTION 9.64 RELATING TO THE REGULATION OF THE USE OF RILEY LAKE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVI- SIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 9 shall be and is amended by renumbering present Section 9.64 as 9.65, and by renumbering present Section 9.65 as 9.66. Section 2. City Code Chapter 9 shall be and is amended by adding thereto Section 9.64 which reads as follows: [SEC. 9.64. REGULATION OF USE OF RILEY LAKE. Subd. 1. A slow, no-wake zone extending one hundred fifty feet (150') out from Riley Lake Park and eight hundred feet (800') in length shall be designated and marked with necessary buoys and signs. Watercraft shall operate in the slow, no-wake zone at the slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour. Subd. 2. A water skier pick-up and drop-off area seven hundred feet (700') in length shall be designated on City land and adjacent waters South of the swim area and marked with necessary buoys and signs. No water skiers shall be picked up or dropped off from any City land adjoining Riley Lake except in the designated area . Subd. 3. Notice. A sign shall be constructed at each public waterfront facility on Riley Lake clearly designating the slow, no-wake zone and water skier pick-up and drop-off zone. Each zone will be marked with necessary buoys and signs.] Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1986. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. 4cal1: UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Feb. 3, 1986 -8- Jessen suggested that since the feasibility study for the golf course will be done in the near future, perhaps the City should work with them to come up with a solution. Be feels this might be an opportunity rather than a problem. After discussion, it was decided to table this issue until a future meeting. VIII. NEW BUSINESS A. Riley Lake Use Ordinance Refer to memo dated January 23, 1986 from Bob Lambert, Director of Community Services. Lambert said that staff proposes the ordinance be changed in order to make the park safer and reduce City liability. A problem exists with swimming or flotation devices being used outside of the swimming area. The revised park use ordinance would prohibit the use of flotation devices from being used in the park and require all swimmers to stay within the swimming beach area. Cook said staff should make sure the wording in the ordinance is clear that flotation devices do not include life jackets. Lambert said that he has not had comments from the homeowners association. Baker asked what a skier will do after being dropped off by a boat. Lambert said that there is a hard, sandy bottom and seven to eight feet of sandy beach with a steep embankment up to the railroad tracks. A sign would be put up at the public access and regulated areas would be marked by buoys. MOTION: Kingrey moved to recommend approval of the revised Riley Lake use ordinance per staff recommendation. Breitenstein seconded the motion and it passed 6-0. B. Review of Cash Park Fee Ordinance Refer to memo dated January 23, 1986 from Bob Lambert, Director of Community Services. Lambert said that the park fees were raised considerably in 1984 and it is recommended that a 5Z increase across the board be considered. This would increase the single family residential from $400 to $420, the multi-family residential from $305 to $320 and the office, industrial and commercial from $2,220/acre to S2,300/acre. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-33 A RESOLUTION ADJUSTING PORTIONS OF RESOLUTION 86-01 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES. The City Council of the City of Eden Prairie resolves as follows: SECTION 2. FEES, RATES AND CHARGES PURSUANT TO CITY CODE 2.24 HEATING AND VENTILATION (Chapter 10) C. Reinspection Fee $30.00 each D. Double Fee -all work started without a permit 2.28 PLUMBING (Chapter 10) Other Inspections and Fees Reinspection Fee $30.00 each Double Fee -all work started without a permit DEVELOPMENT FEES 2.37 CASH PARK FEES (Section 12.40) Single Family Unit $420.00 All other residential $320.00 Office, commercial, industrial $2300.00 per acre All portions of Resolution 86-01 relating to Section 2.37 are hereby repealed, and Section 2.24 and Section 2.28 are adjusted as stated herein. ADOPTED, by the City Council of Eden Prairie this 18th day of February, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk SEAL MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services17 DATE: January 23, 1986 SUBJECT: Cash Park Fees On Tuesday, February 21, 1984, the Eden Prairie City Council approved an increase in the cash park fees to the following: • single family residence $400/unit • multi-family residence $305/unit • commercial/office/industrial $2,200/acre Those new fees were adjusted after a lenghty review of the park fees by the Parks, Recreation and Natural Resources Commission and the Development Commission. At the end of the review process, the Development Commission recommmended that the City adjust the fees a small amount on an annual basis, rather than waiting four to five years and requesting a large increase in the fees. On January 15, 1986, representatives of Blaine, Eagan, Eden Prairie, Lakeville and Plymouth met at Maple Grove to discuss and evaluate park dedication ordinances from each of those cities. Each of the cities approach the park dedication fee from a different philosophical basis (Eagan and Eden Prairie are relatively similar), and all of those communities were either considering increases for 1986 or had already approved increases for 1986. Plymouth charged $450/unit for both single family and multi-family in 1985 and would be increasing that fee to at least $500/unit in 1986. Eagan has increased their single family unit charge to $440 for 1986. The multi-family unit charge in Eagan is based on a formula that varies with density. The City of Eden Prairie has not adjusted the park fees in two years, and in order to follow the recommendation of the Development Commission of 1984, staff is recommending the Council consider a 5% increase in the fees across the board. This would increase the park fees to the following amounts: • $420/unit for single family residential . $320/unit for multi family residential . $2,300/acre for office, industrial & commercial BL:md k91 1 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Feb. 3, 1986 -8- Jessen suggested that since the feasibility study for the golf course will be done in the near future, perhaps the City should work with them to come up with a solution. He feels this might be an opportunity rather than a problem. After discussion, it was decided to table this issue until a future meeting. VIII. NEW BUSINESS A. Riley Lake Use Ordinance Refer to memo dated January 23, 1986 from Bob Lambert, Director of Community Services. Lambert said that staff proposes the ordinance be changed in order to make the park safer and reduce City liability. A problem exists with swimming or flotation devices being used outside of the swimming area. The revised park use ordinance would prohibit the use of flotation devices from being used in the park and require all swimmers to stay within the swimming beach area. Cook said staff should make sure the wording in the ordinance is clear that flotation devices do not include life jackets. Lambert said that he has not had comments from the homeowners association. Baker asked what a skier will do after being dropped off by a boat. Lambert said that there is a hard, sandy bottom and seven to eight feet of sandy beach with a steep embankment up to the railroad tracks. A sign would be put up at the public access and regulated areas would be marked by buoys. MOTION: Kingrey moved to recommend approval of the revised Riley Lake useordinance per staff recommendation. Breitenstein seconded the motion and it passed 6-0. B. Review of Cash Park Fee Ordinance Refer to memo dated January 23, 1986 from Bob Lambert, Director of Community Services. Lambert said that the park fees were raised considerably in 1984 and it is recommended that a 5% increase across the board be considered. This would increase the single family residential from $400 to $420, the multi-family residential from $305 to $320 and the office, industrial and commercial from $2,220/acre to $2,300/acre. 399 e 47/86 - I - INFORMATION ON BOARDS AND COMMISSIONS MEMBERS WHOSE TERMS HAVE EXPIRED: Seeks Does Not Wish Reappointment Reappointment Bd.of Appeals & Adjustments Hanley Anderson X James Dickey X Bldq.Code 8d. of Appeals Anthony "Tony" Hirt X Robert Lapic (has served 2 three year terms) X Development Commission Kent Barker X Glenn Keitel X Donald Opheim (has served 2 three year terms) X Flying Cloud Airport Adv.Comm. Bob Gartner Les Lewis (has served 2 three year terms) * * Historical & Cultural Comm. Barbara Johnson Arlene Marshall Marie Wittenberg Human Rights & Services Comm. _ Woodrow Bjork William Jackson Elizabeth Kelly Parks,Rec.& Natural Res. Comm. Pat Breitenstein (has served 2 three year terms) Marty Jessen Jerry Kingrey Planning Commission Bob Hallett Stan Johannes Edward Schuck Note: Dennis Marhula resigned effective 2/28/86 which leaves an unexpired term to 2/28/87 X X X X X X X X -2- CANDIDATES WHO HAVE APPLIED FOR VARIOUS BOARDS & COMMISSIONS: Board of Appeals & Adjustments - Steve Longman *** William D. Arockiasamy Building Code Board of Appeals - No applicants Development Commission - Michael A. Dahle Jean L. Harris, M.D. Marcia Kolb Shelly Smith Sharon A. Stodola Flying Cloud Airport Advisory Commission of Eden Prairie David W. Barker Allan Callander (also interested in the Planning Commission) William H. Helker, Jr. Dennis J. Larson Historical & Cultural Commission Adeline M. Bramwell James D. Mavison Human Rights & Services Commission Rosemary Finley Peter G. Iversen Gail Leipold Rod R. Olsen (also interested in the Parks, Recreation & Natural Resources Commission) Jacqueline Tornoe Parks Recreation & Natural Resources Commission Paul John Becker III (also interested in the Planning Commission) Karon Joyer Brian L. Mikkelson Planning Commission Richard Anderson Scott R. Anderson Ann Youngdahl Boline (also interested in the Development Commission) Lynn (Pinky) Bramwell Lyn Dean (also interested in Board of Appeals & Adjustments and Parks, Recreation & Natural Resources Commission) Kevin Fitzgerald (also interested in the Development Commission) Dwight S. Harvey (also interested in the Board of Appeals & Adjustments) 401 - 3 - Jerome King L. Bruce Long (also interested in the Board of Appeals & Adjustments or the Development Commission) Regan Masse Cheryl Ann Poling Charles E. Ruebling (also interested in the Parks, Recreation & Natural Resources Commission) Douglas Reuter Thomas P. Umhoefer Reverend Philip Rohler (also interested in the Development Commission & Historical & Cultural Commission) Urban Hennepin County Block Grant Citizens Advisory Board - Someone from the above list of candidates that is not appointed may be willing to serve on this Board. * The Board of Appeals & Adjustments will now be comprised of 7 members rather than 5. *• The Historical & Cultural Commission is the only commission where the terms are for 2 years rather than 3. *** Mr. Arockiasamy now serves on the Building Code of Appeals. He would rather serve on the Board of Appeals & Adjustments. If he is so appointed to the Board of Appeals & Adjustments it would leave another vacancy on the Building Code Board of Appeals. MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Crain W. Daw;on cd) Continuation of Transit Planning Activities February 11, 1986 BRW, Inc. has submitted its final report for the Transit Service Demonstration (Opt-Out) Project for Eden Prairie, Chaska, Chanhass e n , a n d Shakopee. Major changes from the draft report to the final report r e f l e c t Shakopee's decision to retain its system at this time; revisions t o anticipated revenues and expenditures; having buses carry passenger s b o t h directions for Hopkins, Southdale, and Bloomington routes during ru s h hours; and having a mid-day route to connect with the metropolitan t r a n s i t system at Southdale. Net cost projections suggest that the system will use nearly all of the $775,000 available for operating subsidies the fi r s t year, and will have a surplus of $150,000 to $200,000 in future yea r s i f service and ridership are not expanded. Since submission of the report, the transit committee composed of Councilmembers and staff representatives of the four communities ha s m e t t o discuss the work which needs to be done if an alternative transit sy s t e m i s developed. BRW, Inc. gave a proposal for two phases of work to be d o n e f o r service to begin in the fall (with a target date of Labor Day). Th e f i r s t phase of work would involve defining routes, types of service and equipment, and developing preliminary financial and marketing plans required for an application to the Regional Transit Board (RIB). Th e second phase of work, which would begin contingent upon approval of t h e transit service implementation plan, calls for preparation of bid an d contract documents and detailed finance, management and marketing pla n s . Each phase of work would cost slightly less than $15,000. The transit committee members discussed this proposal and recommended t h a t the City of Chaska's contract with BRW, Inc. for transit planning ser v i c e s be amended to include this work. Eden Prairie and Chanhassen woul d e a c h provide a commitment of $5,000, to be accomplished through a letter o f understanding, for each phase of the work. At this time it appear s t h a t costs for the second phase of the work may be eligible for reimbur s e m e n t from the opt-out levy. Transit committee members also discussed formation of a joint powe r s commission for transit services. They recommended that the City S t a f f s a n d City Attorneys proceed with developing a joint powers agreement. Recommendation: It is recommended that the City Council authorize $10,000 for professional services for implementation of the Transit Altern a t i v e Demonstration Project Plan and direct staff to execute a letter of understanding with the City of Chaska for these services. Because t h i s proposed expenditure is not contained in the 1986 Budget, such authorization must be made on a voice vote of the Council. It is f u r t h e r recommended that the staff and City Attorney be directed to work on a j o i n t powers agreement to create a transit commission which will provide t r a n s i t service to the participating communities. CWD:jdp MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services 0 1/41 February 13, 1986 Update on City Hall Site Selection At the February 4, 1986 meeting, the Council directed staff to attempt to obtain soils information on the MIS site, the cost including lost taxes on the Mitchell Road site, and land costs on the MIS site and the Naegele site. The Council also requested a recommendation from staff regarding the impact moving the major entryway would have on the Purgatory Creek Recreation Area. Attahced, for your review, is a memo from Craig Dawson providing information on the Mitchell Road site, a copy of the soil boring information on the MIS site, and a memo relating to the impact the location of the entryway has on Purgatory Creek Recreation Area. As of this date neither MIS nor Mr. Naegele has provided the City with a cost for the site. Staff will attempt to have further information on the cost for those sites by the February 18 meeting. BL:md MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson Land Price and Taxes at 8000 Mitchell Road February 11, 1986 At its February 4, 1986 meeting the City Council requested information about the price paid by the City for property at 8000 Mitchell Road and the amount of property taxes which would have been paid had it not become tax exempt. The City executed a purchase agreement with a warranty deed with the former owner of the property, Mrs. Madeline Schultz, for $230,000 on September 23, 1982. The taxes payable in the following years would have been levied had the assessed value of the homesteaded property remained the same: Year Amount 1983 $2,320 1984 2,380 1985 2,300* 1986 *approximate $-94(10— The City portion of these taxes, roughly 20 percent, would have been $1,880. CWD:jdp MEMORANDUM TO: THRU: FROM: DATE: SUBECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community services 'AL' February 11, 1986 Location of Purgatory Creek Recreation Area Major Entry In late 1985, the City Council appointed a City Hall Site Selection Committee to review six potential City Hall sites, and to make a recommendation to the City Council prior to their January 29th meeting. During the review process, staff developed a list of pros and cons for each of the six sites, as well as information regarding the asking price for the property, and information available on soil conditions, special assessments, etc. While reviewing the pros and cons on site #2, located on the west side of the Purgatory Creek Recreation Area, staff began to notice the impact of the property west and north of the Miller Homes site. Staff decided to provide information on a 28 acre site owned by MIS Company, located on the north side of Purgatory Creek Recreation Area. The eastern boundary of site 7 is located approximately 1300 feet west of the western boundary of site 3. The initial review of this site indicated that the soils would be better than either of the other two sites (site #3 and site #2) providing access to the Purgatory Creek Recreation Area, and the site would be less than half a mile west of Prairie Center Drive on Technology Drive. After visiting the site and discussing pros and cons of the various sites, the Site Selection Committee recommended three sites to the City Council for further consideration. The first priority site was the MIS site. The second priority site was the site north of the Flagship. The third priority site was the site adjacent to the library. The site adjacent to the library was recommended on a split vote. The first two sites were a unanimous decision by the committee. The committee recommended that prior to making a decision on either site the City Council obtain soil boring information on the MIS site and obtain a firm commitment on price from both property owners. The committee felt that by providing two high priority sites, the City Council would be able to negotiate a fair price from either property owner. The City Council's major concern regarding the MTS site was that the main entrance to the park would now be from the north, rather than from the east. The Council requested staff to provide a memo outlining the impact this change would have on the character of the park, the park design, etc. It should be understood that although a master plan was approved for the Purgatory Creek Recreation Area depicting four entry points, as well as an amphitheater, plaza, golf course, trails and specific locations for open water areas, the Park Planner developed the initial concept for the development of the proposed area based on several assumptions regarding soils and water elevations during flooding conditions. The planner indicated the park plan would undoubtably change when detailed information was made available regarding flood elevations, soils and ground water conditions. There is no doubt both sites have potential for developing different types of entryways due to their location, and to the soils on or adjacent to each site. The major question regarding the two different locations is: "Will moving the location of the entryway from the east to the north change the character of this park from a regionally used, urban community park to just another city community park? It has been stated that if the park entrance is not located on the east side, the park merely becomes another community park, rather than a regionally used urban park; however, the 200 acres of parkland will not be moved to the country somewhere, it still will remain directly adjacent to our urban center. The use of the plaza and entryway may change by moving it from the east to the north, but the major impact on how the entry plaza will be used will depend directly on how the adjacent land is developed. The use of the remaining portion of the park, the trails, the open space areas, the ponds, and the golf course, if it is developed, will not be greatly affected if the major entry is moved from the east to the north. The original concept was that small retail shops would be located in this area and hundreds of people would be constantly shopping around the entry plaza area. If the City believes the Feeders property and the Teman property, east of Prairie Center Drive, will be developed as commercial with retail shops, staff would agree that a high percentage of the people that use this park would be people shopping in the area; however, if those sites are developed as office sites, the major pedestrian use would be office workers during noon hours, whereas, the evening or weekend users would come to the park via automobile. On page 6 of the approved plan, under the title Main Entrance, the plan states the following: "development adjacent to the entrance plaza should be designed to "tie Into' the plaza area using similar surface paving and design motifs. Continuity of materials and design will unify the entire area and create a pleasing space for human activity. Adjacent developers should be encouraged to incorporate small, intimate shops into developments that will face the plaza area and create a main street, mall effect." On page 14 of the design analysis for the Purgatory Creek Recreation Area under Park Access, the planner states the following: PARK PLAZA - This is a major entrance and a focal point of public facility development. As a major activity center for public enjoyment, it is complimented by adjacent retail/commercial facilities. Nearby high capacity parking facilities serve the area for special event occasions. If the park is located on the north side of the park and the land to the west is developed as either office or "high tech industrial" the majority of the pedestrian traffic would come from people working in the area that would visit the park during the noon hour, but again the majority of the people using the park in the evenings or weekends would be people arriving via automobile. In any case, this park should have access from the north, east, west and south for both pedestrian and people arriving by car. The major land use change affecting this plan occurred in the development of the Flagship to the south and the consideration to develop a government center to the north, both uses contain large scale buildings that will abut the entry plaza. This is a major change from the concept of the master plan which states "Adjacent developers should be encouraged to incorporate small, intimate shops into development, that will face the plaza area and create a main street, mall effect." The location of small shops around-the entry plaza would ensure people constantly using the plaza throughout the day. If the plaza is surrounded by large scale office buildings and an athletic club, the major users would be people working nearby at noon hour, and residents arriving at the site by car in the evenings and on weekends. Unless the Council wants to consider purchasing additional property and developing the site as originally planned, the entry plaza use will be similar whether it is located on the north or on the east because the vast majority of the people using the plaza will arrive by automobile, at least for the first 15-20 years. As the City matures and our "downtown' becomes more urban than suburban, the benefit of having the park located on the east side of the park will increase. Considering location alone, site #3 the entire site; however, site #7 is have better soil conditions. The conditions and the cost differences Government Center on the north side, east adjacent to proposed office and BL:md is the best site if the City is able to acquire in very close proximity to site #3 and does Council will have to determine if the soil are worth locating the major entry and the adjacent to proposed industrial uses, or on the commercial uses. 86-047 PRELIMINARY FOUNDATION INVESTIGATION Proposed City Hall SW of Technology Drive & Purgatory Creek Eden Prairie, MN CITY OF EDEN PRAIRIE February 7, 1986 DRAun Services Since 1957 ENGINEERING TESTING MINNESOTA: Minneapolis. Hibbing. St Cloud. Rochester, St. Paul AMON NV, NORTH DAKOTA: Bismarck. Williston. MONTANA: Billings JO BRAUN PC PH ANDERSON Cs KRUSE Pr DR MAURER. PL Reply To: GO KLUEMPKE. PE 05.51 ALLEN P E JAMES J CRAJG..h P P.O. Box 35108 Mpls., MN 55435 (612) 941-5600 February 7, 1986 City of Eden Prairie Attn: Mr. Bob Lambert 8950 County Road 4 Eden Prairie, MN 55344 RE: 86-047 PRELIMINARY FOUNDATION INVESTIGATION Proposed City Hall SW of Technology Drive & Purgatory Creek Eden Prairie, MN Mr. Lambert: As authorized on January 30, 1986, we have conducted soil borings and completed a preliminary foundation investigation for the above referenced project. The purpose of the investigation was to evaluate the subsurface soils and ground water conditions with regard to foundation support of the proposed city hall. It should be noted that this stage of the investigation is very pre- liminary in nature as building locations or designs and floor grades have not been finalized. In summary, the site under study lies just to the west of Purgatory Creek with the 100-year flood plain encompassing the eastern half of the site. The western portion of the site, which is above the 100-year flood plain, is approximately bisected by an MWCC sewer line. Our borings, taken west of the 100-year flood plain on either side of the MWCC sewer line, encountered suitable soils for foundation support directly below topsoil. Some areas may require limited soil correction (such as 3 to 4-foot subcut below footings) where softer silts and clays may be encountered. Boring ST-3 was an exception, encountering swamp deposits extending to a depth of 14 feet. CONSULTING ENGINEERS.' SOILS AND MATERIALS Aittitated Company for Chemical & Environmental Testing and Consulting — Braun Envtronmental Laboratories. Inc. Ross D. Miller Project Engineer A. Hubei, P.E. Senior Engineer 86-047 City of Eden Prairie -2- February 7, 1986 For more detailed information and our preliminary analysis and recommendations, please direct your attention to the attached report. It has been a pleasure providing these services for you. Should you have any questions regarding this report or desire additional investigation as the project progresses, please contact us at your convenience. Very truly yours, BRAUN ENGINEERING TESTING, INC. RDM/RAH:gec Attachments ,lorthevAcrna ,M M4ee eneWourymil,W.AJ Dmun February 7, 1986 86-047 PRELIMINARY FOUNDATION INVESTIGATION Proposed City Hall SW of Technology Drive & Purgatory Creek Eden Prairie, MN A. INTRODUCTION A.1. Scope: In total, seven standard penetration test borings were taken within the portion of the site under study. A limited laboratory testing program was conducted to aid in classification of soils and characterizing engineering properties. With the results of the investigation, this engineering report was pre- pared addressing our preliminary analysis and recommendations. A.2. Site Background: The site under study herein is bordered on the east and northeast by Purgatory Creek. The 100-year flood plain of Purgatory Creek approximately covers the eastern half of the site. An MWCC sewer line runs lengthwise through the western half of the site, approximately bisecting this portion. In avoiding development within the 100-year flood plain, or directly over the MWCC sewer line, the area available for development becomes somewhat limited. However, some portions of the site do appear suitable for development and could warrant additional investigation. A.3. Boring Locations and Elevations: The boring locations were staked in the field by BRAUN personnel. The boring locations were referenced to the MWCC sewer alignment and are shown on the attached sketch. Surface elevations of the borings were referenced to a manhole located along the MWCC sewer line in the northern half of the site. An elevation equal to 100.0 feet was BRAM 86-047 City of Eden Prairie -2- February 7, 1986 assigned to this bench mark. The approximate location of the bench mark is shown on the attached sketch. A.4. Field Testing and Samgling: The penetration test borings were performed on February 3 and 4, 1986, with a core and auger drill unit mounted on a rubber-tracxed carrier. Sampling for the borings was conducted in accordance with ASTM D1586 "Penetration Test and Split Barrel Sampling of Soils." Using this method, we advanced the bore hole with the hollow-stem auger to the desired test depth. Then a 140-pound hammer falling 30 inches drove a standard, 2-inch OD, split barrel sampler a total penetration of 1 1/2 feet below the tip of the hollow-stem auger. The blows for the last foot of penetration were recorded and are an index of soil strength characteristics. Samples were taken at 2 1/2-foot vertical intervals to a depth of 15 feet, and then samples were taken at 5-foot intervals to the termination depth of the borings. A.5. Laboratory . Testing: A limited laboratory testing program, comprised of one Atterberg limits test and two natural moisture content tests, was conducted on samples collected from the borings. The results of these laboratory tests are shown on the attached Log of Boring sheets. A.6. Ground Water Probing: Immediately after taking the final sample in the bottom of each boring, the bore hole was probed through the hollow-stem auger to check for -the presence of ground water. Immediately after withdrawal of the auger, each bore hole was again probed and the depth to water or cave-in was noted. The borings were finally checked and then backfilled just prior to leaving the site. BMW 86-047 City of Eden Prairie -3- February 7, 1986 B. RESULTS 8.1. Logs: Log of Boring sheets indicating the depth and iden- tification of the various soil strata, the penetration resistan- ces, and water level information are attached. It should be noted that the depths shown as boundaries between the strata are only approximate. The actual change may be more of a transition and the depth of change likely varies horizontally. 8.2. Summary of Soils Encountered: Boring ST-1 encountered 1 1/2 feet of peat swamp deposits overlying medium dense poorly graded sand extending to the termination depth of the boring. Boring ST-2 encountered approximately 1 1/2 feet of topsoil overlying medium dense clayey sand or silty clayey sand glacial tills extending to a depth of approximately 12 feet. Underlying the glacial till soils, poorly graded sand was encountered in a medium dense condition extending to the termination depth of the boring. Boring ST-3, taken near the middle of the site and near the 100-year flood plain, encountered peat and muck swamp deposits extending to a depth of 14 feet. Underlying the swamp deposits, poorly graded sand and glacial till comprised of lean clay with sand and silty sand was encountered generally in a loose or medium dense condition. Boring ST-4 encountered approximately 2 feet of clay topsoil overlying naturally deposited sandy lean clay extending to a depth of 4 feet, which was then underlain by poorly graded sand extending to a depth of 12 feet. From a depth of 12 feet to the termination depth of the boring, glacial till soils were encoun- tered comprised of sandy lean clay and silty sand in a medium to rather stiff condition. BRAUN 86-047 City of Eden Prairie -4- February 7, 1986 Boring ST-5 encountered approximately 1 1/2 feet of frozen top- soil overlying medium dense poorly graded sand extending to the termination depth of the boring. Borings ST-6 and ST-7 encountered 1 1/2 to 2 feet of sandy lean clay topsoil overlying 2 1/2 to 5 feet of silt which was generally underlain by fat clay in a rather stiff to stiff con- cation. This fat clay extended to the termination depth of boring ST-6 and extended to a depth of 14 feet in boring ST-7, at which depth very fine-grained poorly graded sand with silt was encountered extending to the termination depth of the boring. B.3. Ground Water Measurements: With the exception of boring ST-6, ground water was encountered at depths ranging from 6 to 22 feet with the hollow-stem auger in the ground. Ground water was not encountered in boring ST-6 with the hollow-stem auger in the ground. Immediately after withdrawal of the auger, ground water was not encountered to cave-in depths ranging from 5 to 11 feet in borings ST-2 and ST-5 through ST-7. Ground water was encoun- tered in borings ST-1, ST-3, and ST-4 at depths of 2.5 to 5 feet immediately after withdrawal of the auger from these borings. Ground water levels were rechecked one day after completion of borings ST-2 through ST-4, encountering ground water at depths of 2.5 feet and 5 feet in borings ST-3 and ST-4, respectively, and not encountering ground water to a cave-in depth of 6 feet in boring ST-2. Ground water rechecks were performed in borings ST-5 through ST-7, approximately 3 to 4 hours after their comple- tion, with no ground water encountered to cave-in depths ranging from 5 to 12 feet. Based on the results of our ground water measurements and the apparent moisture content of soil samples collected, it appears 86-047 City of Eden Prairie February 7, 1986 that the ground water within the assumed elevation ranges from 92 to 97 feet. However, it should be noted that water level readings have been made in the borings at the times and under the conditions stated on the boring logs. The period of observation was relatively short, and fluctuations in the level of ground water may occur due to changes in season, variations in rainfall, temperature, and other factors not evident at the time measure- ments were made and reported herein. C. PRELIMINARY ANALYSIS AND RECOMMENDATIONS C.1. Proposed Construction: At this time, development plans for the site are in the preliminary stages. The future building con- figuration, location on the site, and finished elevations have not been determined. The analysis and recommendations presented herein should be considered preliminary. However, to provide preliminary recommendations for foundation design, we have assumed the proposed buildings will be one to two-story structures with structural loadings being moderately light. We have assumed column loads will not exceed 200 kips and bearing wall loads will not exceed 5 kips per linear foot of wall. We assume all lower floors for any building constructed on this site will be placed 1 to 2 feet above the 100-year flood elevation. C.2. Foundation Support: With regard to foundation support, the borings taken for this investigation encountered various subsur- face soil conditions which would affect the foundation require- ments within the different boring locations. The paragraphs that follow discuss foundation support characteristics of the soils encountered in each of the brings. BRAM 86-047 City of Eden Prairie -6- February 7, 1986 Below a thin layer of topsoil or organic swamp deposits, borings ST-1, ST-2, ST-4, and ST-5 encountered natural soils suitable for support of fill and typical spread footings designed to exert a maximum soil bearing pressure in the range of 3,000 to 4,000 pounds per square foot (psf). The actual design bearing pressure will depend on final grades, footing elevations, footing loads, and settlement tolerance. These competent natural soils are overlain by approximately 1 1/2 feet of topsoil or organic swamp deposits which would have to be removed from below floor slabs and footings. Construction within the proximity of boring ST-3 would require a total excavation of the peat and muck swamp deposits which extend to a depth of 14 feet in ST-3. Excavations in this area would then have to be backfilled with clean granular material, as excavations would most likely extend well below the ground water level. Clean sand would have to be used as backfill in this area, and should have a maximum of 10% fines passing the #200 sieve. Dewatering of excavations would most likely be necessary. In the area of borings ST-6 and ST-7, taken on the southern por- tion of the site, silts and fat clays were encountered underlying 1.5 feet of topsoil. These silts and fat clays are susceptible to excavation disturbance and to consolidation under fill and building loads. If no significant raise in grade, or if building loads are relatively light as stated previously, subcutting of the silts and clays below foundations of approximately 3 to 4 feet and backfilling with clean sands may make it possible to use a spread footing foundation system. A relatively light bearing pressure of 1,500 psf to 3,000 psf for foundation design, and the subcutting below footings, would likely be required to keep settlement within a tolerable range. If further consideration is mum 86-047 City of Eden Prairie -7- February 7, 1986 given to construction within this portion of the site, we would recommend additional borings be completed to further evaluate stability and consolidation of the silts and clays under building and fill loads. Additional laboratory testing would likely entail consolidation tests and shear strength tests such as triaxial or direct shear. Based on the results of borings ST-3, it appears that organic swamp deposits extend fairly deep towards the eastern half of the site, towards the area within the 100-year flood plain. If construction is considered within this area, deep foundations, such as piles, may be more economical than an excavation/backfill. However, additional soil borings would need to be taken within this area to further evaluate the depth of the organic soils. C.3. General Earthwork Requirements and Concerns: If an excavation/backfill approach is used, the excavation will require oversizing of 1 foot for each foot of fill below exterior footings to provide lateral stability to the foundations. Also, all fill within 2 feet of ground water should consist of clean sand with 10% fines passing the #200 sieve. Once 2 feet above ground water, any debris-free, non-organic mineral soil with a moisture content within 3 percentage points of optimum moisture could be used. The fill should be compacted to 90 to 95% of modified Proctor, depending on the bearing pressure the footings are designed to exert on the soils. Also, construction within the influence of the MCC sewer back- fill will likely not be feasible unless soil correction of the pipe's backfill is completed. Typically, the backfill over this sewer is not uniformly compacted and is subject to long-term settlement that could be detrimental to a building. BRAUN 86-047 City of Eden Prairie -8- February 7, 1986 C.4. Additional Testing: When the final location of the building and parking areas are determined, we recommend that additional soil borings be taken to assist in evaluating actual excavation depths and foundation requirements. D. GENERAL REMARKS The analysis and preliminary recommendations submitted in this report are based upon the data obtained from the seven soil borings performed at the locations indicated on the attached sketch. Variations may occur between these borings, the nature and extent of which may not become evident until construction or further investigation. We recommend that we be retained to review designs and specifications as the project progresses to develop an additional soils investigation. Services performed by the geotechnical and material engineers for this project have been conducted in a manner consistent with that level of care and sill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. No other warranty, expressed or implied, is made. ,BRAIL1111 /t/c..9.9) S 5 Cf 1 &rep- Ape. 41,e'fiPoxlm.. 04- .7` e. -,(9e-R.e.gs &-.4ars //tr,•••••71./".4477.....,,,// G - \ • ST-7 ..5T-6 e 6 -05,7 fieb7e...-.9~-42,e..- r-Zi444:),ITiav .7.4,00714.4n4).« e .4•00.4 BRAM] Da" 2. A5-tee( 1 """AfPFIZIGCT/O4r lee LOG OF BORING ENGINEERING TESTING PROJECT: 86-047 PRELIMINARY FOUNDATION DAESTIGATION Proposed City Hall 34 Quadrant of Technology Drive & Purgatory Creek Eden Praire, Ill , . BORING- ST-1 LOCATION: See Attached Sketch. DATE: 2/31e6 ISCA LE: 1 " ' 4 ' Elev. 99.4 Depth 0 ASTM 02487 Symbol Description of Materials (ASTM 02488) BPV WI Tests o. Notes 97.9 1.5 PT PEAT, black, moist. (Sweep Deposit) • 95.4 4 sP POORLY bRAuEU ssIC, tine to median- grained, brown, wt, ne.diun dense. (Coarse Alluvium) — 16 — — 87.4 12 SP FLORLY bRADED SAW, tine to coarse- grained. with a trace of fine Gravel, brown, waterbearing, ffediun dense. (Coarse Alluvium) 14 ..--- -- 13 — 17 78.9 20.5 SP POURLY (AWED SAM, tine to mann- grained, gray, vatertearing, medium dense. (Coarse Al luvi tin) 18 Fr END OF BORING. dater level di 6' with 20' of hollow- ten auger in the ground. dater level down 2.5' innediately after withdrawal of auger. 3oring then backfilled. LOG OF BORING BRAIM LINICTIEERING TESTING PROJECT: 86-047 PRELIMINARY FOUNDATION INvESTIGATICN Proposed City Hall Sld Quadrant of Technology Drive & Purgatory Creek Eden Prairie, NN BORING: ST -4. LOCATION: See Attached Sketch. DATE: 2/3/86 ISCA LE: 1 " = 4 ' Elev. . 107.6 Depth 0 ASTM D2487 Symbol Description of Materials (AsTM D2488) BPF WI Tests or Notes 106.5 1.5 .5•1-1, JiLlY CLAitY ANO, DIdCK, (101St. (Topsoil) 100.6 7 SC CLAYEY SAND. fine-grained, with a trace of coarse SAND, with layers of SAND, brow, moist, mediun dense. (Glacial Till) 12 15 95.6 12 SC-S1 SILTY CLAYEY SAND, fine to nediun-grained, with fine to nediun Gravel, brow mottled with gray, moist, mediun dense. (Glacial Till) 15 10 87.1 20.5 SP POORLY GRADED SAND, fine to coarse- grained, with a trace of fine Gravel, gray, wa-tertearing, nediun dense. (Coarse Alluvium) —2— 14 13 END CF BORING. dater level down 17' with 20 of hollow- stem auger in the ground. 4,ater level not encountered to cave-in depth of El' inirLdiately after withdrawal pf auger. %ter level nut encountered to cave-in depth of 6' 1 day after ccnpletion of boring. Boring then backfilled. 1 LOG OF BORING smug ENGINEERING TESTING PROJECT: 86-C47 PRELIMINARY FCUNDATICN INVESTICATICN Proposed City Hall SW Quadrant of Technology Drive & Purgatory Creek Eden Prairie, hfi BORING. 5T-3 LOCATION: See Attached Sketch. DATE: 2/3/86 'SCALE: 1 " =4 ' Elev. 07.5 Depth 0 ASTM 02487 Symbol Description of Ahaterials (ASTM 02488) IIPF L Tests or Notes 94.1 3.5 PT PEAr, with root fibers, black, wet. (Swag) Deposit) . Boring then backfilled. 90.6 7 PT MJCK, with shells and root fibers, uark olive-gray, wet. (Swarp Deposit) VP 83.6 14 PT MUCK, light gray, wet. (Swarp Deposit) • Ji 79.6 18 SP POORLY GRADED SAND, fire-grained, gray, wet, loose. (Coarse Alluviun) 72.6 21 CL _EAN CLAY with SAND, with a trace of fine &aye!, gray, waterbearing, rediun. (Glacial Till) . 72.1 25.5 ' SM GRAVELLY SILTY SAND, fine to redium- grained, gray, waterbearing, loose. (Glacial Till) 10 • END OF BORING. %tater level down 22' with 25' of hollow- stem auger in the ground. "later level down 3.5' Mmediately after kitbdrawal of auger. Water level it 2.5' I day after completion of boring. LOG OF BORING rumun - ENGINEERING TESTING PROJECT: 86-047 PRELIMINARY EDUCATION INVESTIGATION Proposed City Hall 94 Quadrant of Technology Drive & Purgatory Creek Eden Prairie, (II 8CR1F4(1. ST-4 LOCATION: See Attached Sketch. DATE: 2/3/86 ISCALE: 1" = 4' Elev. 102.0 Depth 0 ASTM 02487 Symbol Description of Materials (ASTM 02488) BPF WL , Tests or Notes 100.2 2 CL LEAN CLAY with SAND, black, frozen. (Topsoil) 98.2 4 LL SAVOY LEAN LLAY, with d trace OT coarse SAM o and fire Gravel, brhn rattled with rust. moist. meiun. (Glacial Till) a ..'--.'— 95.2 7 SP POORLY GRADED SAND, fine to ffediUM- grained, brrAn, moist, nediun dense. (Coarse Alluvium) - 13 — 90.2 12 SP POORLY GRADED SAND, fine to mediurr grained, gray, wet, lcose. (Coarse Alluvium) 10 *--- 10 84.2 18 20.5 CL SM SANDY LEAN CLAY, with a trace of coarse SAND and fine Gravel, gray, wet, mdium to rather stiff. (Glacial Till) STLIV SAND, fine to redium-grained, with a trace of coarse SAND and fine Gravel, gray, waterbearing, medium dense. (Glacial Till) 7 10 81.5 11 . END OF BORING. Water level down 15' with 20' of hollow- stem auger in the ground. Water level down 5' imediately after withdrawal of auger. Water level down 5' 1 day after ccrpleticn of Goring. • Boring then backfilled. LOG OF BORING 1. 13-Re111111 ENGINEERING TESTING PROJECT: 86447 PRELIMINARY FOUNDATION INVESTIGATION Proposed City Hall SW Quadrant of Technology Drive & Purgatory Creek Eden Prairie, NV BORING, ST-5 LOCATION: See Attached Sketch. DATE: 2/4/86 ISCA LE : 1" =4 ASTM Tests or Notes Elev. Depth D2487 Description of Materials BPF WL 101.3 0 Symbol (ASTM 02488) , GL SANDY LEAN CLAY, black, frozen. 99.8 1.5 (Topsoil) SP POORLY GRADED SAND, fine to mediun- — grained, with a trace of fine Gravel, brown, moist, nEdiun dense. 15 — (Coarse Al I uvi un) 94.3 7 — SP POORLY GRADED WO, tine to coarse- grained, with a trace of fine Gravel, gray waterbearing, loose to rediun dense. 10 _ (Coarse Alluviun) 12 13 10 80.8 20.5 10 , END CF BORING. ',later level down 8 with 20' of hol low- sten auger in the ground. ',tater level not encountered to cave-in iepth of 5' innEdiately after withdrawal )f auger. 4ater level not encountered to cave-in lepth of 5' 4 hours after caipletion of . )oring. .12 LOG OF BORING lEIR/11311 ENGINEERING TESTING PROJECT: 86 -047 PRELIMINARY FOUNDATION INVESTIGATION Pnxosed City Hall 901 Quadrant of Technology Drive & Purgatory Creek Eden Prairie, NW , BORING ST-6 LOCATION: See Attached Sketch. DATE: 2/4/86 'SCALE: 1" = 4' ASTM Tests or Notes Elev. Depth D2487 Description of Materials BPF \/,/L. 100.4 0 Symbol (ASTM D2488) . U. SMUY LkA1n1 t..L.AY, ()tack, frozen. 98.9 1.5 (Topsoil) NI. SILTY SAND, gray, moist, medim dense. (Fine Alluvium) 11 96.4 4 — CL LEAN CLAY, gray mottled with rust, moist, ,----- rather stiff. 10 (Fine Alluvium) 93.4 7 CH FAT CLAY, gray, moist to wet, rather stiff to medium. 10 (Fine Alluvium) 8 UL=92r, PL=32% P1=60 FC.=56% 8 8 79.9 20.5 rc=40% 11 JO OF BORING. 4ater level not encountered with 20' of lollow -stem auger in the ground. 4ater level not encountered to cave-in iepth of 11 irmediately after withdrawal pf auger. 'later level not encountered to cave-in depth of 5' 4 hours after ccopletion of Poring. 0 1.5 0. oe 1.1 LOG OF BORING BRAIM ENGINEERING TESrNG PROJECT: 86-047 PRELIMINARY FOUNUATION INNESTIGATION Proposed City Hall SW Quadrant of Technology Drive & Purgatory Creek Eden Prairie, MN BCRING! ST-7 LOCA11C)P41 See Attached Sketch. DATE: 2/4/86 I-SCA LE: 1" . 4' Elev. 105.6 Depth 0 ASTM D2487 Symbol C)escription of Materials (ASTM D2488) BPF VVL Tests or Notes 103.6 2 CL SANDY LEAN CLAY, black, frozen. (Topsoil) , 12 98.6 7 NI_ SILTY with SAND, light brow mottled with gray, moist, medim dense. (Fine Alluviun) 13 ........ ----1 22 r- 93.6 12 CH FAT CLAY, brown and gray, moist, rather stiff to stiff. (Fine Alluviun) — 15 — 91.6 14 CH FAT CLAY, gray, moist, stiff. (Fine Alluviun) 16 85.1 20.5 SP-34 PCORLY GRADED SAND with SILT, very fine- grained, gray, het, mechun dense. (Alluviun) — 14 23 7 r-----i END OF BORING. Water level not encountered with 20' of hollow-stem auger in the ground. Water level not encountered to cave-in depth of 9' ihuediately after withdrawal of auger. Water level not encountered to cave-in depth of 12' 3 hours after ccoVetion of boring. r Vomat 1.0t. ewiavr, • C.I.1.0 GRAMS I am I iii• 4ta .11-1,0ed gram. Rare tn. UM /0 eft Mtn 5 .% it et Ccl defier f I • goad. gravel <iii•••• X.% :Imre L11•111,1im 114, t iimms,./.4,121..ty,..M.A.r...". _se e213. gra,: 'riTeet Slessfie at or re iL [14, qr.., , WAN .111, •na C., I • - ,un iblt-armao ne were rit Le, f cl it eeliie einleor I ,Q ,3* inNorIy gra,. soma vow, Mo. • ,ier• 11 'lime, si _or 1.n is Iota wa " .." time. <4/ Innen.< ' tie plat beim. -;.1.,:+34.1:41•-•zr-.4 ,,-Z- • , 1 1 ne .cler ...genie • 01 viols Olito• t Fat t1at I ite t sin s 'f:tet= Peel et 3.. on the •41,1, Lai prising ler l-tm I" eit ,i1 amigie taiitained wee, areit ur nuclide,. ddri -Wile Lobel, ind i er leaves els 111.3 en, eeduire dual lyenclit tni-let 0rele6 dravet irite tie, 1.0: di In S r l 'n rit'VrtrsTencle 'il.claTs,ennIt ie. toile fel tne5C .11 drape, lend elle Clef 19•114 gmmriy greelea sand eV, ell Vclurie needed 1.0 eltn riot 15 301 • . • G60iD i ,, • f . If toll enneitint lln sod, •110 ••itn Stier ln neler f Ines claiolfy it 11...41., stabol 61.1, n. 11 1. ire., are organic, iir10 -oar tea., eines, la .0 n01 nom. I/ contains • 1MS gravel, atiO nitdrel l to group maw. a it atterterm lortfm goit in enten. Ante Sufi d Ste, silty :tiny e sclii ronteie lt to 7•91, pies Me. MO. add -esti, serer or •.le gedeei • 4,11-1,1e prekedent. t. .0.1 JOS plet ne. dind. preMaimmanii, mM1.1 amor- io maim, n. 11 a ann plot, On or 00.6 ne plots lel. l e l line 41 plot, on or done Itne. ei plots .A. I I. cl , ,ross,,,mo.on of ' ale.gro.ned SO., / . T.Q-47,--virp.e0 G/ic / ,le Of COOrle•troined / / ; EL1.1,0n at T - •.114. ‘4) ,,,,,,,,,,,e, pr il..1 iv Li -25 5 „S'' xX , I ,lner, e: - 0 7 3 I.' )CI LI.a,ee ,,C,"- -,,e ,/ ,C, . '' 4 ',MCI', 0 , .... IC met:? /' 0)... i *Oon PI ., 0 91. l .81 ! / - —4.-- — / / _ -X' / 4' MH ,;:, OH / ' .0" _ re 01_ SO 60 i AMKIlaninior ML , 1 in i‘ ;11 Sn •0 L iOUM L PIT ILL I PIASTICiTY INOEX(PII SO i0 20 Descriptive Terminology Designation 02481 —83 Standard Test Method for CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES PARTICLE SIZE IDENTIFICATION Boulders over 12" Cobbles 3" to 12" Gravel Coarse Fine No 4 — Sand Coarse No. 4 — No. 10 Medium No 10— No. 40 Fine No. 40— No. 200 Silt No 200— 005 mm Clay less than 005 mm RELATIVE DENSITY OF COHESIONLESS SOILS very loose 0— 4 BPF loose 5 — 10 BPF medium dense 11 —30 BPF dense 31 — 50 BPF very dense 50* BPF CONSISTENCY OF COHESIVE SOILS very soft 0— 1 BPF soft 2— 3 BPF rather soft 4 — 5 BPF medium 6— 8 BPF rather stiff 9— 12 BPF stiff 13— 16 BPF very stiff 17 — 30 BPF hard 30* BPF DRILLING NOTES Standard penetration test borings were advanced by 3 0," or 61/4" (.0 hollow-stem augers unless noted otherwise Jetting water was used to clean out augerpnor to sampling only where indicated on logs. Standard penetration test borings are designated by the prefix "ST" (Split Tube). Power auger borings were advanced by 4" or 6" diameter, continuous-bite solid stem augers Soil classification and strain depths are inferred 1 romdisturbed samples augered to the surface and are therefore somewhat approximate. Power auger borings are designated by the prefix 13". Hand probings were advanced manually with a t.," diameter probe and are limited to the depth from which the probe can be manually withdrawn. Hand probings are indicated by the prefix SAMPLING — All samples are taken with the Standard 2" 0.0. split tube sampler, except where noted TW indicates thin-wall (undisturbed) sample. BPF — Numbers indicate blows per foot recorded in standard penetration test also known as "N" value. The sampler in set 6" Into undisturbed soil below the hollow-stem auger. Driving resistances are then counted Ice second and third 6" Increments and added to get BPF. Where they differ significantly, they are reported in the following fOrm - 212 for the second and third 6" increments respectively WI4 — WH indicates that sampler penetrated soil under weight of hammer and rods alone, driving not required. NOTE All tests run in accordance with applicable ASTM standards BRI11111 LABORATORY TESTS Dry Density. pct OC Organic Content 'in Wet Density. pct Percent of Saturation % Natural Moisture Conten t, SG Specific Gravity L alien Limd Cohesion Plastic Limit % 0 Angle of Internal Friction Plasticity Index, Ql1 Unconfined Compressive Strength MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert Director of Community Services February 3, 1986 Request From Jim Boyce Regarding Park Acquisition On Friday, January 31, 1986, Jim Boyce called the Community Services Department to question the status of his property in the park and open space plan. The Director of Community Services indicated that the park and open space plan projected open space along the north side of County Road 1 from the Grill property west to Mitchell Road; however, the City does not have the acquisition of his property in the Five Year Capital Improvement Program. Mr. Boyce asked if the City would be interested in acquiring his property now with the right to allow him to live there for another ten years. He also wanted to know how much the City would be willing to pay for his property. Staff explained the process for that kind of decision review, and agreed to present his request to the Parks, Recreation and Natural Resources Commission at their February 3 meeting. Mr. Boyce owns two parcels of land totalling approximately 11.77 acres. The site that includes his home is approximately a 3.8 acre parcel. His home is a large, one story, single family residential structure with a walkout basement to a pool and patio deck. The house has approximately 3,000 sq. ft. on the main floor with an attached three car garage. There are several questions the Commission should address prior to making a recommendation to the City Council: 1. How important is the parcel to the integrity of the park? 2. How would the parcel be programmed in the park master plan? 3. Can the City afford to acquire this parcel at this time? HOW IMPORTANT IS THIS PARCEL TO THE INTEGRITY OF THE PARK? Obviously, the City park works with or without any further acquisition; however, the Commission should consider what impact development of this parcel would have on the park. The major consideration regarding development of this site is the impact of development to the north over the crest of the hill. Any development will require removal of vegetation (the majority of the mature trees are white and red oak) and removal of vegetation over the crest of the hill will have a serious impact on the wildlife that live in the park. The heavy vegetation in this area provide cover for a variety of birds and mammals. Preservation of this area for public use would also widen the trail corridor considerably and, in fact, would allow a trail from east to west that would provide many magnificent views of the lake. The house itself could be developed into a park shelter that would most likely be limited for reservation use only, for company picnics, family reunions, wedding parties, etc. The existing reservation facilities at Round Lake and Staring Lake are booked nearly every Friday, Saturday and Sunday from May through September. In ten years, Eden Prairie is projected to have a population of over 40,000 and eventually over 60,000. It is very easy to project the need for additional picnic reservation facilities in Staring Lake Park. If this parcel is developed, rather than sold to the City, the City will have an opportunity to acquire at least a portion of the property through park dedication and would obviously review any grading proposal very carefully. HOW WOULD THE PARCEL BE PROGRAMMED IN THE PARK MASTER PLAN? Mr. Boyce has indicated that he is only interested in selling this parcel to the City if the City is willing to pay what he considers a fair price, and if he is able to live in the residence for ten years; therefore, the City would not have use of the parcel until 1996, if it were acquired this year. The city would not plan on any improvements to the parcel until after 1996, other than perhaps the east/west trailway along the north portion of the property. CAN THE CITY AFFORD TO ACQUIRE THIS PARCEL AT THIS TIME? The City is currently considerng the acquisition of an additional 24 acres at Miller Park. Staff is also recommending the City consider acquisition of property for a softball field complex in 1986, and later this year staff will be recommending the City again apply for a LAWCON Grant to acquire additional property at Riley Lake Park. The answer to the question is basically that the City can afford to acquire these various sites under the following conditions: A. The price is right on the various sites. B. The terms are right on the various sites. C. Everyone must recognize that there is a limited amount of money in the park fund; when more is spent on park acquisition, less is available for park development, and some of the proposed park development may be delayed for a year or more. Staff would rank Hidden Glen Park acquisition, Miller Park acquistion, the softball field acquisition, and Riley Lake Park acquisition as higher priorities that the acquisition of the Boyce property for Staring Lake Park: however, because the property owner has initiated a request and because the park and open space plan for the City has always depicted this parcel as being within the park boundaries, the Community Services staff recommend the Council consider obtaining an appraisal of this site as a basis for structuring a favorable set of terms for the acquisition of the property. It should be made very clear to the property owner that the City is making no commitments to acquire the property this time, no matter what the appraisal indicates regarding the value of the property. If the Commission and Council do not wish to consider the acquisition of the Boyce property at this time, that decision should also be made so staff is able to respond to the property owner's request. BL:md 6'7 i UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Monday, February 3, 1986 7:30 p.m., School Board Room COMMISSION MEMBERS PRESENT: Marty Jessen, chairperson (late), Bud Baker, Pat Breitenstein, Moe Cook, Gary Gonyea, Jerry Kingrey, Charles Shaw COMMISSION MEMBERS ABSENT: COMMISSION STAFF: OTHERS PRESENT: None Bob Lambert, Director of Community Services Rick Bolinske, Superintendent of Recreation I. ROLL CALL The meeting was called to order at 7:30 p.m. by acting chairperson, Pat Breitenstein. II. APPROVAL OF AGENDA Lambert added Item A., Request from Jim Boyce Regarding Acquisition of His Property under IV. Petitions, Requests and Communications. MOTION: A motion was made by Kingrey to approve the agenda as amended. Baker Ieconded the motion and it passed 6-0. III. APPROVAL OF MINUTES OF JANUARY 6, 1986 MOTION: A motion was made by Gonyea to approve the minutes as printed. Baker seconded the motion and it passed 4-0. Cook and Kingrey abstained. IV. PETITIONS, REQUESTS AND COMMUNICATIONS A. Request from Jim Boyce Regarding Acquisition of His Property Refer to memo dated February 3, 1986 from Bob Lambert, Director of Community Services. Lambert reported that Jim Boyce had contacted the Community Services Department on Friday to ask about the status of his property in the park and open space plan. Boyce's property is located north of County Road 1 within the boundaries of Staring Lake Park. Boyce is interested in selling his property to the City if they are willing to pay a fair price and if he would be able to live there for another ten years. Lambert feels the City should get an appraisal to determine the value of the property. 411,/ UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Feb. 3, 1986 -2- Baker asked if there is enough land available to be used for softball fields. Lambert said no, there are only about 12 acres, mostly wooded and on a slope. The Boyce home is a large rambler with a walk-out basement. Lambert referred to an aerial photo of the property at this time. He said that park property is located to the vest and north of this site and the major reason to acquire it would be to preserve the park around it. Jessen asked how much an appraisal will cost. Lambert said approximately $500.00. Kingrey said he feels the property would be of value on a long term basis. MOTION: A motion was made by Kingrey to recommend that an iTTTillal be done on the Boyce property and to explore the future value and possible terms to purchase the property with a status report to be brought back to the Commission before a final decision is made. Gonyea seconded the motion and it passed 6-0. V. DEVELOPMENT PROPOSALS A. Reuter, Inc. Refer to staff report dated January 10, 1986 and memo dated January 31, 1986 from Bob Lambert, Director of Community Services. Lambert reported that this development has already been zoned, but the request involves grading in the floodplain and shoreland area of Nine Mile Creek. It requires the review of the Parks and Recreation Commission because it encroaches the floodplain. MOTION: Breitenstein made a motion to recommend approval per the planning staff report. Cook seconded the motion and it passed 6-0. B. Douglas Corporation Headquarters Refer to staff report dated December 6, 1985 and memo dated January 31, 1986 from Bob Lambert, Director of Community Services. Lambert introduced the architect representing the Opus Corporation. He reviewed the site plan which is located on the old Northrup King site between the vo-tech and new Anderson Lakes Parkway. The request is for PUD concept revision, as Douglas Corporation is proposing an automotive parts manufacturing facility and offices on the 65 acre site. Five to six acres to the west of the site are 41/ff ''sti 4F1 "," • -ctk N4rit4 „ti • .4 MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services February 13, 1986 Recommendation on Engineering Firm for Hydro/Geological Analysis On February 13, 1986, Bob Lambert and Gene Dietz interviewed representatives from the four firms that submitted proposals on the Feasibility Study for the Purgatory Creek Recreation Area Master Plan. The firms submitted the following cost estimates: • Barrientos & Associates, Inc. $22,022 • Hickok and Associates 47,180 • Barr Engineering 30,000 • TKDA 31,500 The firm of Barrientos & Associates proposed to use Braun Engineering as their soils consultant. This firm has relatively little experience as a company dealing with recreation development of floodplain areas. The majority of their background deals with bridge and road contruction, however, some of the individuals on the team have had various amounts of experience dealing with projects that created siltation ponds, etc. Even though this firm had the lowest projected fee for the project, staff were very uncomfortable recommending this company for this project. TKDA proposed to use Twin City Testing as the soils analysis sub-contractor. TKDA does have alandscape architect on staff and the company has had extensive experience working with projects relating to poor soils; however, few of the projects are recreation designed projects. The company has worked with three different, golf courses including the Golden Valley Golf Course in improving drainage, and building up the height of tees and fairways, etc.; however, they have not been responsible for any new golf course development or any finished park projects. Barr Engineering is a company that has the most experience dealing with the Purgatory Creek floodplain and they have proposed to use Braun Engineering, a company with extensive boring information on the property surrounding the site, as their soils consultant. If the Council wants to have a company strictly review the feasibility of the master plan as designed, staff would recommend Barr Engineering; however, if the Council anticipates any changes from the original plan, the City would be required to contract with a park planning firm to work with Barr Engineering to design any proposed changes. Barr Engineering is the only one of the three companies that submitted proposals that did not include a landscape architect on the design team. The City knows that the major entry will have to be moved due to the existing location of the Flagship, and City staff anticipate redesign of the ponds and quite possibly redesign or elimination of the golf course depending on what the feasibility report indicates regarding soils and flood elevations. Staff believes it is important to have a landscape architect as a part of the team in order to depict the final concept plan and the cost estimates for each phase of construction. Hickok and Associates included Braun Engineering as their soils engineer. They a l s o included Paul Fjare, of Brauer and Associates , a s t h e i r r e c e a t i o n p l a n n e r . T h e Hickok firm has extensive experience developing p r o j e c t s i n s i m i l a r s o i l c o n d i t i o n s . They have also worked extensively with Paul F j a r e o n t h e d e v e l o p m e n t o f s e v e r a l recreation projects in floodplain areas simila r t o t h e P u r g a t o r y C r e e k R e c r e a t i o n proposal. Hickok and Associates is the Watershe d D i s t r i c t e n g i n e e r i n g f i r m f o r f i v e Watershed Districts, the City of Minneapolis, t h e C i t y o r O r o n o , a n d t w o W a t e r s h e d Management Commissions. Their proposal is the m o s t e x p e n s i v e , b u t a l s o p r o p o s e s providing the City with the most extensive inf o r m a t i o n o n t h e s i t e . T h e C o u n c i l will eventually make decisions on a development p r o j e c t t h a t c o u l d e a s i l y e x c e e d 3 million dollars before the Purgatory Creek R e c r e a t i o n A r e a i s c o m p l e t e d . T h e majority of those decisions will be made based o n t h i s f e a s i b i l i t y s t u d y . S t a f f would recommend the Council enter into a contr a c t w i t h H i c k o k a n d A s s o c i a t e s t o complete the feasibility study as proposed for a c o s t n o t t o e x c e e d $ 4 7 , 1 5 0 . Staff is recommending the Council authorize use o f c a s h p a r k f e e s f o r t h i s s t u d y a n d requests authorization to request the Riley P u r g a t o r y C r e e k W a t e t s h e d D i s t r i c t consider funding 50% of this study. BL:md 04/v 4d1 TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: February 12, 1986 RE: Follow up to memo of January 24, 1986 regarding faulty Neptune brand remote water meter readers The remote readers can "malfunction" for a variety of reasons such as bad remote, the wire cut during remodeling, kids break wires while playing, remote damaged by baseball bat,etc. The 2,000 Neptune units were installed in the years 1979 through 1983. Since their installation through 1985 there have been 366 repairs to Neptune units - 18.3% of the units. The failure rate on Rockwell brand units is 1.9% (5,671 units installed, 110 failures). The failure rate of the Neptune units appears to be 5% per year and with a total failure rate of 18.3%, we believe that all the units will eventually fail. When this failure situation was detected, Neptune offered to give us replacement readers free of charge. We rejected the idea because the remotes were the same kind as those failing and decided instead to replace them with Rockwell brand readers at a cost of $15.00. Replacement takes two men about 20 minutes. Our recommended plan of action is: Send letters to customers asking them to read the inside meter. 1) Identify those homes with differences between the inside and outside readers and replace these faulty units as fast as possible. Because many homes in Eden Prairie have nobody home during the day we may hire additional help and/or re-schedule working hours of existing staff. 2) Replace the balance of the remotes as time and conditions dictate. 3) Continue to talk with representatives of the Neptune company in an attempt to resolve this problem. They have had some personnel changes and the new people appear to be willing to come to a more acceptable solution. 4) In order to receive compliance with the request to read the inside meter we would forgive any back billings due to a faulty Neptune remote. Remote failure not due to a faulty remote would be billed. 97/ ge du-.4 .?( TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: January 24, 1986 RE: 2,000 Neptune brand water meters purchased during 1979, 1980,1981 and 1982 The meters purchased during this period from Neptune appear to have an abnormally high failure rate of their remote readers. We have previously attempted to resolve this problem when it became apparent that the consumptions for a particular account were slowing down or had stopped. This is a time consuming and expensive method. All suspected slowdowns had to be checked by Water Department personnel; some slowdowns were not caused by faulty remotes. When a defective remote reader was detected the remote was replaced and the customer was billed for the difference. It is an understatement to say the customer was unhappy to receive a "catch-up" bill when the City's equipment was faulty. This problem came to a head when an account was found to be under-billed by 400,000+ gallons. Billing the customer for the difference would result in a catch-up bill in excess of $400 and there are undoubtly more like this. We propose to resolve this situation by sending letters to customers who may have Neptune meters asking them to read this meter inside the home. We can then identify the bad remote readers and replace them. The ones still functioning would be replaced over time as personnel became available. In order for this to work we would have to forgive the unbilled consumption because if the customer knew that a bill would be coming he would not respond to the questionaire. I have to believe there are customers who know they are being underbilled. Also since 1979 many homes have new owners and it it impossible to tell the consumption of the old owner and the new owner. Refunds would be made to customers with Neptune meters who have or had catch-up bills.