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HomeMy WebLinkAboutCity Council - 12/16/1986TUESDAY, DECEMBER 16, 1986 AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: CITY COUNCIL STAFF: 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, 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 Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council meeting held Tuesday, November 18 1986 B. City Council meeting held Tuesday, November 25, 1986 III. CONSENT CALENDAR A. Change Order Number 1, Valley View Road I.C. 51-272 B. Chang Order Number A, Anderson Lakes Parkway, I.C. 52-035 C. Final Plat approval for Bluestem Hills (south end of Bennett Place) Resolution No. 86-301 D. Final Plat approval for Nemec Knolls (Creek Knoll Road, north of CSAH 11 Resolution No. 86-Ta)- E. Final Plat approval of Carmel Fifth Addition (Fallbrook Road, north of Rowland Roaal Resolution No. 86-303 F. Clerk's License List G. EATON ADDITION by Eaton Corporation. Request for Preliminary Plat of 46.8 acres into two lots. Location: South of Hwy. 5, west of Technology Drive, east of Wallace Road. (Resolution No. 86-307 - Preliminary Plat) H. Resolution No. 86-309 Amendment to Transit Joint Powers Agreement Page 3089 Page 3110 Page 3120 Page 3123 Page 3128 Page 3131 Page 3134 Page 3137 Page 3139 Page 3142 PET ( City Council Agenda - 2 - Tues.,December 16, 1986 I. Resolution No. 86-311, Amending the Closing Documents for the Page 3144 Preserve Place Apartment Project in the Amount of $4,235,000 J. Resolution No. 86-312, Amending the Closing Documents for the Page 3146 Eden Pointe Apartment Project in the Amount of $7,865,000 K. Resolution No. 86-314, Relating to the Acquisition of McGraw Page 3147 Edison ,by Cooper Industries IV. PUBLIC HEARINGS A. MEADOW PARK 3RD ADDITION laJB&D Inc. Request for Page 3033 Comprehensive Guide Plan Change from Public Open Space to Low Density Rsidential on approximately 13.5 acres, Zoning District Change from Rural to R1-13.5, and Preliminary Plat of 31.5 acres into 29 single family lots and one outlot and road right-of-way. Location: Northwest quadrant of Homeward Hills Road and Sunnybrook Road. (Resolution No. 86-292 - Comprehensive Guide Plan Amendment; Ordinance No. 58-86 - Rezoning; Resolution No. 86-293 - Preliminary Plat) Continued Public Hearing from December 2, 1986 B. SUBURBAN NATIONAL BANK/PRESERVE MEDICAL BUILDING by Supplee's Page 3151 7-Hi Enterprises, Inc. Request for Comprehensive Guide Plan Change from Low Density Residential to Office on 1.09 acres, Zoning District Change from Rural to Office on 1.09 acres with variances to be reviewed by the Board of Appeals and Preliminary Plat of 1.09 acres into one lot for the ' construction of a two-story office building. Location: South of Anderson Lakes Parkway, west of County Road 18. (Resolution No. 86-305 - Comprehensive Guide Plan Amendment; Ordinance No. 62-86 - Rezoning; and Resolution No. 86-306 - Preliminary Plat) C. EDEN POINTE by Welsh Companies, Inc. Request for Planned Unit 50iTOiment Concept Amendment on 60.86 acres, Planned Page 3170 Unit Development District Review on 60.86 acres with variances, Zoning District Change from Rural to 1-2 Park on 2.84 acres, and Preliminary Plat into one lot for construc- tion of a 32,700 sq. ft. office/warehouse building. Loca- tion: West of Flying Cloud Drive, east of Hwy. 169. (Resolution No. 86-304 - PUD Concept Amendment; Ordinance No. 61-86 - Rezoning; Resolution No. 86-320, Preliminary Plat) D. PRAIRIE VILLAGE APARTMENTS BOND AMENDMENT (Resolution No. 86-315 - Adopting an amended multi-family housing program) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS A. Proclamation for Councilmember Paul Redpath (Resolution No. 86-308) B. Resolution No. 86 :119„ Giving Preliminary Approval to the Page 3193 Refunding of the $5,565,000 Quail Ridge Multi-Family Housing Bonds Page 3174 Page 3186 City Council Agenda - 3 - C. Resolution No. 86-313, Relating to the Sale of $5,000,000 in General Obligation bonds on December 16 1986 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Receive Petition for Sunnybrook Road Street and Utility Improvements (Wist of Homeward aril RI-car-adjacent to Meadow Park 3rd Addition) and authorize preparation of a FeasibiTiTi Report, I.C. 57:1 -09 (ReROTition No. 86-300) VIII. REPORTS OF ADVISORY COMMISSIONS A. Human Rights, & Services Commission - Recommendation on facilities for PROP (continued from December 2, 1986T - . Historical & Cultural Commission - Formation of An Ad Hoc Committee on Bicentennial of the U.S. Constitution . IX. APPOINTMENTS A. Appointment of two members to the Human Rights & Services Commission --I to fill anunex ired term to 2/2878 -Th-1-1-8,arto fill an unexpired term to 2/28/89 X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney 0. Report of Director of Community Services 1. Report on the Status of Purgatory Creek Trail Systems Page 3219 2. Park Reservation Policy Page 3230 3. Donation of Barn by the Brown Family Page 3239 E. Report of Director of Public Works Award Contract for Wells and Collector Line Contract I.C. 52-0728 (Resolution No. 86-299) XI. NEW BUSINESS XII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 18, 1986 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney 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 Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: Item X. A. 2. Pidcock - Update on Offer of Old Holasek Home, MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A Special Joint City Council/Development Commission meeting held Tuesday, October 21, 1986 MOTION: Pidcock moved, seconded by Bentley, to approve the Minutes of the Special Joint City Council/Development Commission Meeting held Tuesday, October 21, 1986, as published. Motion carried unanimously. B Regular City Council Meeting held Tuesday, October 21, 1986 MOTION: Anderson moved, seconded by Pidcock, to approve the Minutes of the regular City Council Meeting held Tues- day, October 21, 1986, as published. Motion carried unani- mously. C. Regular City Council Meeting held Tuesday, November 4, 1986 City Council Minutes -2- November 18, 1986 MOTION: Pidcock moved, seconded by Anderson, to approve the Minutes of the regular City Council Meeting held Tues- day, November 4, 1986, as published. Motion carried with Bentley abstaining. III. CONSENT CALENDAR A. Clerk's License List B. Final Plat approval for Lake Park 3rd Addition (between Timber Lake Drive and CSAH4) Resolution No. 66-281 C. Final Plat approval for Staring Pines Addition (E. Star- ing Lane) Resolution No. 86-282 D. Final Plat approval for Research Farm 3rd Addition (south of Research Road, west of TH169) Resolution No. 86-283 E. Application for conveyance of Tax Forfeited Lands F. Wendell A. Philliopi - Construction of Fish Ponds within the Shoreland Area G. Request for time extension by Baypoint Manor II for their Housing Revenue Bonds (Resolution No. 86-284) MOTION: Pidcock moved, seconded by Anderson, to approve Items A-G on the Consent Calendar. Regarding Item G, Request for Time Extension by Baypoint Manor II for their Housing Revenue Bonds, Bentley asked why this request was being made. City Manager Jullie said that Finance Director Frane would be able to answer that when he arrives. AMENDMENT TO THE MOTION: Bentley moved, seconded by Ander- son, to amend the motion to strike out Item G from approval of the Consent Calendar. Amendment to the motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to move the Request for Time Extension by Baypoint Manor II for their Housing Revenue Bonds (Resolution No. 86-284) to Item VII. E. for further discussion. Mr. Frane arrived at this point and explained that the request for time extension was made in order to allow pro- ponent more time to complete the project in the manner City Council Minutes -3- November 18, 1986 intended. Bentley asked if they were anticipating any change in the financing package. Frane said they were not. AMENDMENT TO THE MOTION: Bentley moved, seconded by An- derson, to amend the motion by substituting a motion to consider the Request for Time Extension by Baypoint Manor II for their Housing Revenue Bonds (Resolution No. 86-284) as a separate item on the Consent Calendar. Amendment to the motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-284, approving the request for time ex- tension by Baypoint Manor II for their $6,860,000 Housing Revenue Bonds. Motion carried unanimously. IV. PUBLIC HEARINGS A. TECHNOLOGY PARK 7TH by Technology Park Associates. Request for Zoning District Amendment within the Office District on 3.74 acres for construction of 27,700 square foot office building. Location: East of future Golden Triangle Drive, north of Nine Mile Creek (Ordinance No. 56-86 - Amending Ordinance No, 36-85-PUD-6-85) Continued from November 4, 1986 Council meeting City Manager Jullie noted that proponent has requested this item be postponed until the December 2, 1986 meeting. MOTION: Bentley moved, seconded by Pidcock, to continue this item to the December 2nd meeting of the City Council. Motion carried unanimously. B. ALPINE VILLAGE by Herlitz Construction. Request for Re- zoning from R1-22 to RM-6.5 for 7.58 acres and Preliminary Plat of 8.23 acres into 19 lots and two outlots for a mul- tiple family townhouse development. Location: East of Alpine Trail, south of Chicago, Milwaukee, St. Paul and Pacific Railroad. (Ordinance No. 57-86 - Rezoning; Reso- lution No. 86-280 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Mayor Peterson noted that Council members received many pages of documentation on this item and he encouraged proponents and others to be specific and as brief as possible. City Council Minutes -4- November 18, 1986 Charles Habiger, representing proponent, addressed the proposal. Planning Director Enger said this project first appeared before the Planning Commission on September 23, 1985, when it was proposed as a 30-unit townhouse development. He said three Staff Reports dated September 20, October 25, and November 8, 1985, reviewed the project and subsequent changes to the project and made recommendations to the Planning Commission. Enger said it was reviewed for the second time at the October 28, 1985 meeting and then was again reviewed on November 12, 1985, at which time the Commission recommended denial of the request for rezoning on a 7-0 vote. He said the denial was based on the incompatibility of the proposed attached unit, townhouse development within a single family neighborhood. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission did not review this proposal as it did not receive favorable recommenda- tion from the Planning Commission. Redpath asked Mr. Habiger why they couldn't develop eight or nine up-scale single family homes in the area. Habiger replied that the site could probably handle eight or nine larger homes but one of the problems is absorbing the costs of developing a road into such a project. He said the price range of single family homes would have to be $125,000- $175,000 in order to be compatible with homes in the neigh- boring area and that would not be high enough to absorb the costs of road development. Peterson noted that, while he wasn't sure the Council wants to get into the question of what sort of development is economically feasible, he took this as an indication that there is an incompatibility of use as the project is pro- posed. Redpath said this is a fantastic piece of property and he thought it would behoove proponent to come back with some- thing better. Peterson noted that proponent would have the option to do that if the present request is rejected. Bentley noted that, by his calculations, there are about 2.4 units per acre with the proposed development. He said, while this would fit into the designation of low-density development, this is part of the on-going debate as to whether this particular type of housing use is appropriate City Council Minutes -5 - November 18, 1986 in that particular zone. He said he thought people's per- ception, particularly in an older, well-established neigh- borhood, would be that it is a multiple development even though the density is the same. Anderson said this kind of thing has been discussed time and time again. He said because this is the last develop- ment in the area, the fact that it is a different type of development from the surrounding neighborhood does make a difference. Pidcock asked Habiger if they had been encouraged to come back with this proposal after it had been turned down. Habiger said, after they had received the bids back for the costs of site improvements, they determined that the development costs would exceed what they could expect to get back from the sale of the property. He said another reason for abandoning the plans for single-family develop- ment was the tremendous impact of the grading plans on the site. Pidcock asked again if they were encouraged to come back with this particular plan. Habiger replied that they felt Mr. Herlitz has to do something with the property and it is unmarketable as it stands. Pidcock said she didn't understand why they are back with the same proposal after they had been turned down by the Planning Commission and the Council. Bentley noted that this particular project has never been before the Council. A discussion followed regarding the history of the proposed development on this site. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing; to deny the request of Habiger Associates, Inc. for Rezoning and Preliminary Plat for a multiple family townhouse development, based on the recommendations of Planning Commission and Staff; and to request the developer to work with Staff, Commissions and neighboring residents to try to reach a mutually-agreeable plan for development of the site. Dwight Harvey, 16190 Alpine Way, noted that this item has been discussed a lot and pointed out that the property is surrounded on three sides by single family homes. He said he considers this project to be a case of spot zoning, since it is a different type of housing to be developed in an established neighborhood. John Lyngdal, 16170 Alpine Way, said they have heard that the site is difficult to develop. He suggested that the City Council Minutes -6 - November 18, 1986 developer work with the existing residents to develop a new proposal for the site. Barney Uhlig, 16370 No. Hillcrest Court, said he viewed this as a developer coming and asking for a subsidy from the City now that he cannot afford to develop the project as it was approved. He noted that if there is a plan for how Eden Prairie will be developed, we should stick with it. Pidcock asked Enger if he thought the grading for a single family development is possible. Enger said, while the grading is physically possible, the current market condi- tions and costs to develop may make it economically un- feasible to develop it in this way at this time. He said he was not prepared to say the grading of the property is not possible. Peterson said that it is not the Council's function to develop this property, but rather it is the responsibility of the developer to work with the neighborhood and Staff to come up with a proposal that is feasible economically and environmentally for Council consideration. Pidcock said that what she was hearing was that the de- velopment is being held back because of the City's grading plan. Enger said that communication with the developer as to how deviation from the grading requirements would affect their ability to develop the site as single family indicated even that would not make the project feasible. Redpath called the question. VOTE ON THE MOTION: Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 30883 - 31239 Pidcock asked about Item 31095 to Eden Prairie Liquor. Finance Director Frane said this was for pop for the election workers. She asked about Item 31100 to Fairview Community Hospitals. City Manager Jullie said that was for D.W.I. testing. Pidcock then asked about Item 31126 to IBM. Frane said that item was for a maintenance agreement on an IBM copier. She asked if bids are solicited from other firms that do mainten- ance of copiers. Frane said he was not aware of any that worked on IBM copiers. Pidcock asked if Item 31128 to Int'l. Office Systems, Inc. was a similar situation. Frane said this was for a Canon copier S - City Council Minutes -7- November 18, 1986 S and noted that he would check into other firms that do copy maintenance. Pidcock asked about Item 31172 to Northern Power Products, Inc. Frane said this was for the building controls at the Public Safety Building. Anderson asked about Item 31070 to the City of Bloomington. Jullie said that was for impound service for dogs. MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 30883 - 31239. Roll call vote: Ander- son, Bentley, Pidcock, Redpath and Peterson voted "aye". Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Proposed NSP Transmission Line along Highway 5 (Continued from November 4, 1-986) City Manager Jullie noted that this item was continued from the November 4th meeting and that Mr. Chmiel and staff from NSP are here to discuss the proposal for a transmission line west of the Westgate Substation. Don Chmiel, representing NSP, addressed the proposal. He presented a videotape showing the proposed route of the transmission line and said the present schedule calls for work to begin in the fall of 1987 with the line to be in service by May of 1988. Director of Community Services Lambert noted that the City is considering a hikeway/bikeway bridge across Hwy 5 near the Hwy 4 intersection and asked who would absorb the cost of raising the lines to accommodate the bridge. The NSP representatives agreed that the City would have to absorb the cost if it was constructed after the transmission line was installed but that Staff could work with the NSF staff during the construction of the transmission line if the location of the bridge has been determined. Lambert said he would suggest that we plan to do that as he thought the City is serious about constructing the bridge. Director of Public Works Dietz said the Hwy 4 and 5 project is scheduled for 1988 and, while there are decisions yet City Council Minutes -8- November 18, 1986 to be made as to whether the bridge will be installed at this time, he thought it would be good to allow for it in the transmission line plans. Chmiel said they would be happy to work with Staff to develop the clearance for the bridge at the time of construction of the transmission line. Redpath asked City Attorney Pauly about the height variances required. Pauly said that would be referred to the Board of Appeals and they would have to determine what appropri- ate conditions might be imposed for the granting of a vari- ance. Chmiel said there had been no discussion about that. Redpath asked what the heights would be. Chmiel said the highest poles would be 90-95 feet. Bentley asked what action is required on the part of the Council. Enger responded that he and Mr. Pauly had deter- mined that the appropriate action by the City would be an action by the Board of Appeals for a height variance for the structures with the ultimate decision by the Council from the Board of Appeals action. Pauly said that if there is any City right-of-way the lines are going through, then Council approval would be appropri- ate. Enger said that Heritage Road and Carnelian Lane might be. A discussion followed on the question of City right-of- way and existing easements for the transmission lines. Bentley reviewed the items in the Staff memorandum of September 16, 1986 relative to additional work that might be mutually beneficial and noted that we would like to have their input on some of these things. Chmiel said the Pub- lic Utility Commission (P.U.C.) has passed a ruling whereby they cannot benefit one community and pass it over to the balance of the rate payers. He said some of the lattice towers from the Eden Prairie substation to the Westgate station would be replaced. Pidcock noted that Eden Prairie has certain standards ex- pected of commercial developers and that the NSF poles aren't consistent with our higher quality standards. She said she thought they should conform to what we ask other developers to do. Chmiel responded that their hands are tied. Pidcock then asked how we could go about getting the poles to meet the standards. Marlow Peterson, representing NSF, responded that unless there were some feeder projects or the line has to be relocated because of highway construction, it would be difficult to justify replacing the existing poles. Pidcock urged them to seriously consider this in their plans. City Council Minutes -9- November 18, 1986 Bentley said that NSF makes proposals to the rate commis- sions and he would appreciate it if NSF would make a con- certed effort to convince the P.U.C. to consider improving some of the systems in the community. Chmiel said where the existing kinds of structures cannot accommodate the new lines, then replacement structures would be required. Bentley said he would like Staff to write an official letter to NSF containing the specific requests presented in the Staff memorandum. He said he would then appreciate an official response to the letter from NSF. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to approve the request from NSF for upgrading the existing distribution line, with height variance subject to review by the Board of Appeals. Anderson noted he wanted to make sure that the City will not bear any of the costs for the elevated line required by the bridge across Hwy 5, Chmiel said he thought they could work with Staff at the time of construction to put in structure heights that would provide the proper clear- ance. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct City Manager Jullie and Staff to write a formal letter to Northern States Power relative to the specific requests outlined in the September 16, 1986 memo to the Council from Planning Director Enger. Motion carried unanimously. B. Bryant Lake Regional Park Master Plan - Hennepin Parks (Doug Bryant, Southern Division Manager, and Alex Meyer, Landscape Architect) City Manager Jullie said that representatives from Henne- pin Parks are here to present their draft master plan for Bryant Lake Regional Park. Doug Bryant, Judith Anderson and Alex Meyer, representing proponent, addressed the proposal. Peterson asked Mr. Bryant if he had received the letter from Ed Sieber dated November 17, 1986. Bryant said he had just received it tonight. Peterson noted that there were some very serious concerns expressed in the letter. Bryant said he had assured Mr. Sieber that his letter will ) City Council Minutes -10- November 18, 1986 be presented to the Hennepin County Board on Thursday night as part of the official record, and said that they will reply to Mr. Sieber's concerns. Bryant noted that they are working closely with the P.C.A. to ensure the control of run-off and pollutants. He said they are projecting an additional $139,0004150,000 in the 1988 budget for operations and maintenance of the park which should help resolve some of the issues raised regard- ing surveillance, maintenance and administration. Bentley noted his concern that there was no reference to the lake surface ordinance for Bryant Lake in the draft plan. He said he would like to see our surface ordinance recognized and incorporated as part of the plan since the ordinance was reached after extensive discussion with the residents and the Park Reserve District. Bryant said an attachment to the master plan that contains a copy of the surface ordinance will be presented at the Thursday night meeting. Bryant said that the staff recommendation to the Board includes support of any action by the Eden Prairie City Council with regard to surface water regula- tions and controls. Redpath asked if there is any way the County can get in- volved in airplane traffic on Bryant Lake as that is going to become a problem. Bryant replied that they would like to tackle the problem by working with the City to try to resolve the issue. He said they are including that as a concern in their report. Anderson said that a number of years ago we had a report from the D.N.R. regarding water quality and that a major contributing factor was the horse stables. He said he be- lieves the County Park system has a responsibility to clean it up since it is their property and their horses. He also expressed his concern that the County, the City and sur- rounding cities should be working on a trail system leading to and from the park systems. Bryant said one of the recommendations going before the Board is to acquire more land to the northwest of the exis- ting boundaries and that this would allow them to establish sedimentation ponds and water impoundment areas to try to control run-off. He said that tonight's comments from the Council will be presented to the County Board on Thursday and that he will get back to the Council with their response. Pidcock asked what boat speeds are allowed on Bryant Lake and whether water-skiing is allowed. Bryant reviewed the restrictions that exist as a part of the City ordinance. City Council Minutes -11- November 18, 1986 Ed Sieber, 11792 Dunhill Road, reviewed the points raised in his letter to Mr. Bryant of November 17, 1986, regard- ing the problems caused by the horse stable, maintenance, and lack of surveillance. He said he believed these prob- lems must be addressed and Rowland Road must be upgraded before the park can be developed. Peterson assured Mr. Sieber that we are concerned about the situation and will monitor the issue. Pidcock asked if the Humane Society had been called about the situation with the horses. Mr. Sieber said he had considered it but hadn't done it. Director of Community Services Lambert said that when the City first entered into the agreement with H.T.C. on the horse operation, 6here was extensive discussion regarding the number of horses in the facility and the handling of waste material and, further, that such issues were included in the contract. Anderson asked if we have the means of sending an inspec- tor out to check on it. City Manager Jullie said we could send someone out to inspect it. Anderson said he would suggest that someone do that and report back. Pidcock asked who we would send out. Jullie replied that it would probably be our Animal Control officer, Mr. Snyder. Anderson said that he would like to have Staff and the Park Commission take a look from time to time at the opera- tion of boats on both Bryant Lake and Riley Lake as he felt there are problems at both lakes. Lambert noted that a long process had been gone through several years ago to arrive at the speed ordinance we now have. MOTION: Anderson moved, seconded by Pidcock, to direct Staff and the Park, Recreation & Natural Resources Commis- sion to review the regulations for the operation of motor- boats on Bryant Lake and Riley Lake and report back to the Council. Motion carried unanimously. C. Request by the Wilkies for public access to their land over Bluffs East 4th and 5th Additions City Manager Jullie referred to the letter of October 31, 1986 from John C. Rosholt to Mayor Peterson regarding the request by the Wilkie family for access to their property over Bluffs East 4th and 5th Additions. John C. Roshold, an attorney representing the Wilkies, re- viewed the request. He said they have tried to work out City Council Minutes -12- November 18, 1986 some arrangement for access with Mr. Hustad as suggested by the Council in May when approval was given for the Bluffs East 4th and 5th Addition; however, they have been very dis- appointed in their efforts. He presented a drawing pre- pared by an engineering firm depicting means of access to the Wilkie property. Peterson asked if the Hustads had been made aware that this request was on the Agenda tonight. Jullie said he did not think so. Pidcock proposed that this be referred to City Attorney Pauly and that he get back to the Council with recommenda- tions. Bentley said he agreed with that suggestion and noted that he thought it was fruitless to discuss this without both parties being here. MOTION: Pidcock moved, seconded by Redpath, to direct City Attorney Pauly to research the situation and present his suggestions at the next Council meeting; to strongly encourage Mr. Wilkie and Mr. Hustad to resolve this; and to direct Staff to notify both Wilkie and Hustad when this item will again be on the Council Agenda so that both par- ties can be represented. Motion carried unanimously. D. Request by Quail Ridge project to redeem the Housing Revenue Bonds issued in 1985 (Resolution No. 86-2:5) City Manager Jullie referred to the memo of November 14, 1986 from Finance Director Frane reviewing the request for redemption of $5,565,000 in housing revenue bonds for the Quail Ridge project. He noted that the proponents were present to answer questions. Pidcock asked if this would mean that we would redeem them or rescind them. Frane replied that we would do neither, but if the Court orders a mandatory redemption of the bonds, the City would not object to it. Gary Fuchs, 3460 Washington Drive in Eagan, noted that the developers intend to come back to the Council and request that the Council consider refunding these bonds since the problem with insurance would have been solved once the redemption occurs. MOTION: Redpath moved, seconded by Bentley, to adopt Reso- lution No. 86-285 authorizing the Amendment of A Certain Trust Indenture Between the City of Eden Prairie and First Trust Company of St. Paul Relating to the City's $5,565,000 Multifamily Housing Revenue Bonds for the Quail Ridge Apart- ments project. Motion carried unanimously. ) City Council Minutes -13- November 18, 1986 VIII. REPORTS OF ADVISORY COMMISSIONS A. Memo from Development Commission City Manager Jullie referred to the memo of November 10, 1986 from the Development Commission requesting that Council review of the charge to the Commission be postponed until the reorganized Commission has had an opportunity to study it and recommend changes. MOTION: Anderson moved, seconded by Redpath, to postpone Council review of the charge to the Development Commission until the reorganized Commission has had an opportunity to study the charge and recommend changes to the Council. Bentley noted that he thought the recommendation was that the Development Commission be disbanded. Jullie replied that the Commission recommended the current membership be disbanded but that the reconstituted Commission include those members who have had regular attendance and, further, that additional appointments would be made in January. Peterson said he thought disbanding the Commission was an unnecessary way to get rid of those members who have not attended meetings or been involved in the work of the Com- mission. He said a better way would be to have the Council write a letter to such Commission members stating that their lack of attendance indicates an unwillingness to serve on the Commission. Pidcock noted that she agreed with Mayor Peterson, but, in addition, she thought they should have a clause in their by-laws regarding attendance, similar to that of the Human Rights Commission. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Pidcock moved that the Development Commission adopt the same by-law regarding attendance as the Human Rights and Services Commission. Peterson said the Development Commission does not have by- laws. Motion died due to lack of a second. Bentley said either we have to make a code change relative to mandatory attendance requirements and other items re- garding the commissions or it is up to the commissions to establish their own by-laws. City Council Minutes -14- November 18, 1986 Anderson said from his experience a commission sometimes does not function as it should because certain people do not attend. He said he thought at the beginning of the year the Council should take a look at putting down some sort of restrictions on all commissions. MOTION: Bentley moved, seconded by Anderson, to direct the City Attorney to work with Staff to draft a Code amend- ment that would create a mandatory attendance requirement for all advisory commissions. Pidcock said she didn't think it was up to the Council to set the by-laws for the commissions. Peterson said he dis- agreed because the Council appoints the members to serve as advisory bodies; therefore we have a serious interest in their performance level. Redpath called the question. VOTE ON THE MOTION: Motion carried with Pidcock opposed. City Attorney Pauly asked for the sentiments of the Council as to whether failure to attend a certain number of meet- ings would be cause for automatic revocation of membership or simply cause for further consideration by the Council. Peterson said he thought it should not cause automatic revocation but rather that the Code amendment should in- clude a process and provision for notification of a mem- ber that a certain number of meetings have been missed and if the attendance pattern doesn't change the Council will assume the person no longer wishes to participate. IX. APPOINTMENTS There were none. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Design of new City Hall Council Chambers City Manager Jullie said that they are in the process of finalizing the floor plans for City Hall and re- quested input on optional layouts of the Council cham- bers. MOTION: Pidcock moved, seconded by Anderson, to con- tinue discussion of this item to the Special City Council meeting on Tuesday, November 25, 1986. Motion carried unanimously. City Council Minutes -15 - November 18, 1986 2. Pidcock - Update on Offer of Old Holasek Home Director of Community Services Lambert reported that he had checked out the house, found it to be in very good condition, and found it to be similar in design to the Grill house. He said he had forwarded the in- formation to the Historical & Cultural Commission for their review and requested the representative from the State Historical Society to provide information on the value of the house. He also said he will try to get a cost estimate from a mover and then will return to the Council with all the pertinent information such as the cost to move it, Where it would go and how it would be used. He said it will probably take a couple of months to complete the research on it. B. Report of City Manager There was no report. C. Report of City Attorney City Attorney Pauly noted the I-team report and the response in the newspaper regarding the handling of misdemeanor cases which mentioned a case in Eden Prairie. He said he would be glad to answer any questions on that. There were no questions. D. Report of Director of Community Services 1. Edenvale Trail (continued from October 7, 1986) Director of Community Services Lambert stated that the following two questions were continued from the October 7th meeting: a. EAW Request b. Trail extension and Bridge at the end of Hillcrest Court He said Staff is recommending that, if the EAW request is approved, the trail extension and bridge question be continued until the EAW is completed. James Cullen, 15381 Creekside Court, said the residents met with City Staff in September, presented their con- cerns to them at that meeting, and discussed alternative suggestions. He said that it would be unfair to say the residents are opposed to trails, but rather they 3H) City Council Minutes -16- November 18, 1986 are opposed to the plan that was presented. As a re- sult of that opposition, he said they filed petitions including a request for an EAW to be done on the en- tire Purgatory Creek trail system. He summarized their reasons for wanting the EAW to include the entire trail development rather than just studying the Edenvale marsh area. Cullen said they had suggested to Staff that mowing of the trails would be acceptable and that they would like to see the entire perimeter trail mowed. Regarding the question of a survey, he said he personally does not believe the survey would do a whole lot; however, the argument that surveys set bad precedents would also have to be used against such items as the proposed survey for City Hall. Cullen further said that Mr. Lambert has been responsive to their concerns about a people management plan and they look forward to working with him on that. He ex- pressed disappointment that the residents weren't in- vited into this process since the Council has appointed a citizens' committee on every other major issue in the City. Bentley noted that the Council does not appoint citizens' committees every time there is an issue before the Coun- cil and he personally does not believe the Edenvale marsh is of the significance that would require a City- wide citizens' committee. He said he thought the re- quirement to do an EAW on the entire creek corridor is absurd as we have no idea at this point what the devel- opment will be along the entire corridor. He also said he thought the idea of equating a survey in the Edenvale area to the survey for City Hall was invalid; that each issue should be judged independently on its own merits. Anderson noted that this issue started with a develop- ment proposal that came through, at which time Mr. Lam- bert was asked to find an appropriate location for a creek crossing. He said this is part of the planning to get pedestrians from one area of the City to another since there is no crossing for pedestrians to get from Edenvale to Round Lake. Anderson said in 1972-1974 the City Council directed that a study of Purgatory Creek be done through the City commissions for the purpose of making recommendations for future development of that area. He said the cur- rent proposal to develop the Edenvale marsh area as a passive park system was part of that planning done in 1974. S City Council Minutes -17- November 18, 1986 Redpath noted that there are large areas along Purga- tory Creek that will not be able to support a trail and that we have already completed an over-all study of Purgatory Creek. Mr. Cullen responded that they are asking that the plan be studied from an environmental impact point of view. He said that the plan is broken into segments and the law does not allow the Council to segment an environmental impact project but rather it must be studied in totality. City Attorney Pauly said the E.Q.B. rules require that a project which has a significant impact on the environ- ment requires the preparation of an EAW. He said the rules specify the particular types of projects where an EAW is mandatory and that none of those specific rules cover the project which is being proposed, not only with respect to the Edenvale trail itself but also with respect to the entire corridor. He said there is a provision whereby the Responsible Govern- mental Unit (R.G.U.) has the discretion to order an RAW so that the Council does have the authority to order an RAW. Regarding the question of segmenting an environmental impact project, Pauly said the rules say that actions consisting of several segments would be considered phased or related if they would occur within a short time. He said he had reviewed the proposed actions within the Purgatory Creek corridor and that most of the projects appear to be fairly disconnected from one another; therefore, he did not think this constitutes a phased or related action. Bentley asked about the specific recommendation from Staff. Lambert responded that they are suggesting we proceed with an RAW on the Edenvale Trail project, not on the entire creek corridor. He said we don't know exactly what will be developed along the entire corri- dor but we do know there will not be trails along the entire creek. MOTION: Bentley moved, seconded by Anderson, to direct Staff to complete an Environmental Assessment Worksheet (RAW) on the proposed Edenvale Park Trail system and to continue consideration of the proposed trail extension and bridge at the end of Hillcrest Court until the com- pletion of that RAW. City Council Minutes -18- November 18, 1986 Peterson asked if the EAW could be completed in winter. Lambert said he would have to check into the questions on the EAW before determining whether it can be done at any anytime of the year. Pidcock asked if we have the funding for the EAW. Lambert replied that it would be done in house by Staff. VOTE ON THE MOTION: Motion carried unanimously. 2. Uses Proposed for Existing City Hall Building City Manager Jullie reviewed suggestions in the memo of November 13th from Director of Community Services Lambert on proposed uses for the existing City Hall building. Lambert noted that recent conversations with Helen Anderson regarding the historical records indicate that they will require more room for record storage; there- fore the Community Theatre would have to get by with filing cabinet space only rather than a separate office. MOTION: Bentley moved, seconded by Anderson, to approve the recommendations of Staff for use of the existing City Hall building by leasing the upper floor and the old Council Chambers to the School District for the Family Education Center, and designating the lower level a Senior Citizen Center with facilities for historical records storage and Community Theatre use. Motion carried unanimously. E. Report of Director of Public Works 1. Consider "No Parking from 2:00 AM to 6:00 AM" on City Streets Director of Public Works Dietz reviewed his memo of November 12, 1986 concerning a proposed parking ban on City streets between the hours of 2:00 AM and 6:00 AM, He said more and more communities are enacting such a parking restriction but that it would probably be controversial, particularly in certain areas of the City. He said he wanted to discuss this item with the Council before preparing the proposed ordinance. Peterson noted that in most residential areas the plows don't go through until after 6:00 AM so he was concerned that such an ordinance would serve the purpose for which it was intended. Dietz responded that the purpose City Council Minutes -19- November 18, 1986 would be to make sure that people don't leave cars out on the street at all and that the 2-inch snow ban would still be in effect. Bentley said the important thing is not necessarily to accommodate our own ease of operating the community but rather is it in the best interest of the entire community to enact an ordinance. Dietz responded that, while that is true, there are several pieces of infor- mation from Public Safety about the side benefits and that we did not plan our streets to accommodate parking. A discussion followed regarding the benefits of such a ban as well as the problems that might be involved. Bentley said he thought if we are going to do this, we would have to draft an ordinance and have a public hear- ing so that the public would be notified about it. He said he would like to shelve the issue for the time being and if there are significant problems with plow- ing this winter, Staff could come back with the details and action could be taken at that time. Anderson said he would also like to go through the win- ter and receive documentation next spring as to any problems that occurred before any action is taken by the Council. He said he would also like to see Public Safety take a look at this issue. 2. Speed studies in Residential Neighborhoods (Cardinal Creek, Kristie Lane and Duck Lake Road) Continued from October 7, 1986 Director of Public Works Dietz referred to the Staff report to the Council on this subject dated October, 1986 and said that after reviewing the literature avail- able on speed control, he had determined that stop signs are not a very effective means of speed control. He said most of the requests have been for stop signs ex- cept that Cardinal Creek residents had requested 20 MPH speed limits; however, that would require a petition to the State Commissioner of Transportation to conduct a study of the situation. He said, further, that Public Safety review of the Cardinal Creek area revealed that the average speed is only 23 MPH anyway. Regarding the Duck Lake Road request, Dietz said it had been determined that no traffic sign there would have prevented the fatality on that road. As indicated in his report, Staff is recommending that we consider a higher level of enforcement by Public Safety on this City Council Minutes -20- November 18, 1986 road. He said Public Safety is continuing to monitor the traffic situation there. Dietz said they are recommending that no additional signs be installed at Kristie Lane as there appears to be no increase in speeds or traffic volume that would warrant such installation. The consensus of the Council was that Mr. Dietz had prepared a very thorough and excellent report on this subject. Dietz said that after his research on this problem, he is recommending that we re-evaluate our position on sidewalks in neighborhoods because sidewalks provide a place for the children to play. He said they are recommending that neighborhoods without sidewalks con-. eider a special assessment to install them, especially those areas in which sidewalks could be installed easily. Anderson said he thought this was a problem in many neighborhoods, not just the three under discussion. Redpath noted that sidewalks had been a concern for many years. Roger Swigart, 13184 Cardinal Creek Road, noted that there are sidewalks in portions of the Cardinal Creek neighborhood. He said there is a lot of supportive data against unnecessary signs but he believed there are some areas where signs are necessary. He said if there is a problem relative to the speed of traffic, then sidewalks won't help. He also said he would like to see stop signs put in at the Sandridge and Cardinal Creek intersection and at the Cardinal Creek cul-de- sac and see how it goes. Pidcock noted that there are two stop signs on Duck Lake Road at the present time. MOTION: Bentley moved, seconded by Redpath, to direct Staff to take a closer look at the intersections in the Cardinal Creek neighborhood to see if safety and traf- fic control concerns would be met by signage at those intersections. Peterson said he would like to see a report and more data that makes it conclusive that signs are needed and would be potentially productive. Anderson said if this is a concern in this community, then it should be made part of a public hearing on City Council Minutes speed zones. He said he would like to have crosswalks painted in if we are going to install stop signs. -21- November 18, 1986 Motion carried:unanimously. .VOTE ON THE MOTION: XI. NEW BUSINESS Bentley congratulated Mayor on their re-election to the XII: ADJOURNMENT MOTION: Piddock moved, seconded by Redpath: to adjourn Meeting at 1100 PAL Motion carried unanimously. Peterson and CoundilMeMber Anderson City Council UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY, NOVEMBER 25, 1986 6:00 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present I. APPROVAL OF AGENDA The following item was added to the Agenda: III. E. Resolution No. 86-297 - Setting the Date for Bond Issue. MOTION: Redpath moved, seconded by Pidcock, to approve the Agenda as amended and published. Motion carried unanimously. II. JOINT DISCUSSION WITH EDEN PRAIRIE SCHOOL BOARD Mayor Peterson thanked the School Administration for their hospitality and turned the discussion over to Superintendent McCoy. A. School District's Building Plans and Referendum Schedule Dr. McCoy reviewed the long-range facility plans for the School District, noting that their planning is based on an eventual decline in enrollment. He said they are planning to move their Family Center to the existing City Hall some- time in 1987 if the City will allow them to lease the upper level of that building. He also said they are planning another elementary school in the southwest quadrant near City Hall and a new Intermediate School for 5th and 6th grades on their new site near Hwy. 169 and Anderson Lakes Parkway. McCoy said they are planning a bond referendum, possibly for about $23 million, in October of 1987 for the fourth elementary school, the 5th and 6th grade Intermediate School, possible remodeling of the High School and possibly providing for a kindergarten center. He said they are City Council Minutes -2- November 25, 1986 considering putting all the needs together so that there will be only one package for a referendum. Peterson asked if the projected 7, 8 or 9 milllevy covers both the additional building cost as well as staffing. McCoy said it has nothing to do with staffing, that staff- ing is controlled by the State and property-rich districts such as Eden Prairie and Edina pay 100% of the costs. Peterson asked what the tax impact would be on the City. Merle Gamin, Business Director for the School District, said there should be no material change in impact on the City, that it should get no higher than 9 mills. Anderson said he had observed that other communities en- counter zoning problems when kindergarten centers are sold and he asked Dr. McCoy where they would put such a facility here. McCoy said, while they have no particular property in mind and are not sure they will purchase the property rather than lease, they will keep in mind that they don't want to get into a zoning problem. Pidcock said she thought their plan makes a lot of sense; however, after hearing a lot of comments about property taxes, she was concerned that all of these things we are doing will have a great impact on property owners, particu- larly those in the over-$175,000 category. McCoy said that, to him, it is a matter of maintaining their invest- ment so that they can resell their homes. Peterson asked if there was any violation of an educational rationale by shifting different mixes of grades together. McCoy said he did not believe they were violating any prin- ciple and that most parents agree with a shift of the 6th grade down to be with the 5th and the 9th grade back with 7th and 8th. Pidcock asked if there was a social implication by having kindergartners all by themselves. McCoy said that, while he would prefer they be in the regular schools, they be- lieve the best grade to pull out is the kindergartners who are there half days and don't eat lunch at school. Bentley asked if they had made a commitment to the bond referendum for October, 1987. McCoy said they expect to firm up their plans to see what will be included in the overall plan after the first of the year with a final de- cision in July and a possible referendum in early October. City Council Minutes -3- November 25, 1986 Boardmember Jack Van Remortel said that, thanks to the School Board members who served 6-8 years ago and addressed such issues as the renting of a building, the Board has the respect and understanding of the community when changes are suggested or new facilities are needed. Boardmember Dave Anderson said the Board has talked about how much to put together but he thought it would be ludi- crous to have one referendum and then return six months later with another one. City Manager Jullie asked what the impact of the proposed milllevy would be on the T.I.F. district. McCoy said the more important impact would be on the staffing and that there would be a greater base in terms of pay-off. B. City's Potential Referendum Needs and Schedule City Manager Jullie said that the committee commissioned two years ago to investigate the needs of the City recom- mended priorities and timing for bond referenda. He said there are significant needs to be addressed in addition to the City Hall needs. Jullie said there is a committee presently working on a recreation facilities referendum which will include im- provements at the Community Center, acquisition of park property and land for a ball field complex as well as other improvements throughout the community such as trails and park development. He said the committee is expected to recommend consideration of a referendum next March with a potential request of about $8,000,000. Jullie noted that the City will be leasing space for City Hall starting in January for a period of three years; how- ever he thought the record will show owning a building to be much preferable to leasing one. He said there is another committee studying the long-range plans for City Hall; their recommendations should be made in January or February and may include a recommendation for a referendum two years from now on City Hall. Jullie said other future needs could include another fire station to serve the southwest sector of the City, probably in five years or so, and possibly some type of recreation and golf course facility. He said the City projects that our assessed valuation will be sufficient to cover our other General Fund operating needs. Jullie noted that there are some additional transportation needs in the Major Center Area that have not yet been • City Council Minutes -4- November 25, 1986 addressed. He said the T.I.F. program was developed to put the basics of the road system together, but there are other needs the specific funding of which has not yet been identified. He noted the T.I.F. district is capturing about 10-12% of our assessed valuation. He said he wanted to leave the door open to continuing the T.I.F. program for a few years. In addition, he said he had just re- ceived word that there may be a delay in a portion of the Hwy. 5 improvements unless the City can come up with some funding for the design of the project. He reiterated that transportation is a critical need for the community. Bentley commented that one of the major issues we continue to fight in this community is fiscal disparities; that we are literally being robbed of millions of dollars in taxes because of fiscal disparities. He suggested that the community should join in a mutual effort to put pressure on the legislature to make changes in the system. Van Remortel said the second half of that effort with the legislature is to work towards the dedication of motor ve- hicle excise taxes to the highway department so that pro- jects like Hwy. 5 can be completed. Bentley noted that, unfortunately, there is a lot of pressure now to not con- tinue to increase that transfer. Van Remortel asked Jullie about the time frame for utili- ties to serve the southwest corner of the community. Jullie said the contracts have not been let but are scheduled for this spring. Van Remortel asked if it will be a phased project and who is the contracting agency. Jullie said the Waste Control Agency is the contracting agency and they will determine whether it will be phased or not. Jullie said the City will provide some administrative help and such things as inspections. Bentley asked if the line is going to go near the proposed school site. Jullie said there would have to be an exten- sion. Van Remortel said he thought they were within 1000 feet. Boardmember Claude Johnson asked where the City is with regard to long-term debt. Jullie said we expect our mil rate to stay at about 19-20 mills to support our operating costs. He said any sort of capital improvements will add to our 20 mill levy. Redpath noted the importance of the user fees for sewer and water. Jullie said the utility system is independent from the general property tax levy in that we have special City Council Minutes -5- November 25, 1986 assessments and user fees to support it; however, if those items fall short, it will come back on the general tax. Jullie said this points out that development is critical to the City in a lot of ways. Boardmember Phyllis Posner noted that continuing the T.I.F. may have a detrimental effect on their programming. Board- member Rick Wolf commented that they are suffering from a sort of fiscal disparities program which yields Eden Prairie fewer dollars per student than neighboring districts and that the T.I.F. district would tend to compound that dif- ference. He said he thought we should get together on a team effort to make changes. Councilmember Anderson asked Dr. McCoy if there was any way we can work together on the expansions of the High School and the Community Center. McCoy said they are hop- ing the City will build a gymnasium facility in the Commun- ity Center so that they could use the facility during the school day and for after-school activities. He said if the City does not get those facilities, the School District will have to build them. Boardmember Sharon Gluschenko asked if any thought had been given to including a teen center in the recreation facili- ties. Peterson said there was none in the present consider- ations. City Manager Jullie said that was a good point and that input such as this should be brought up at the neigh- borhood meetings being planned by the Recreation Facilities Committee. Boardmember Anderson noted that the expanded Community Center could accommodate some of the activities that might be associated with a teen center. Councilmember Anderson said we are talking about structures but we should talk about problems and needs sometimes to make sure that the structures will meet the needs of the community. He said this is one of the areas that might benefit from joint committee involvement. Van Remortel said his perception of City facilities has always been of "athletic facilities" and that the emphasis should be on "recreational facilities" since not everyone is involved in athletic programs. Pidcock asked McCoy if she was correct in her understanding that their proposed new facility will be a multi-purpose building that can be used for things other than classroom City Council Minutes -6- November 25, 1986 use. McCoy replied that they expect the community to use the neighborhood schools but that will not reduce the need for the City's recreational facilities. Redpath said he hoped that the City and the School District will work with the business community on plans as taxes are a great concern for area businesses. Peterson noted that it is good to share and ask questions in this manner and that the information and involvement at tonight's meeting was appreciated. The joint discussion ended at 7:25 PM. III. CITY MANAGER'S REPORT A. Report on Conferences Attended Bentley noted that he was impressed by the number of con- ferences City Manager Jullie had attended this year. Peter- son said he was very pleased with the completeness of the summary Mr. Jullie provided. Anderson said he would strongly encourage Mr. Jullie as well as all department heads to continue to attend such conferences. Because of the constant changes in all areas of public government, he felt attendance at conferences should be made a part of management policy and should also become part of their evaluation. A discussion followed in which Councilmembers asked Mr. Jullie questions regarding certain points in his report and commented on the concepts he presented. Bentley said he thought Mr. Jullie is doing a good job of what we asked him to do and that he agreed with Mr. Ander- son that some sort of program should be started to include department heads. Peterson asked if there is now such a program for depart- ment heads that is included in their evaluations. Jullie responded that he had asked them to look for these oppor- tunities and that most of them do attend such seminars and conferences. Pidcock noted that, as part of her licensing, she has to attend up to 15 hours of continuing education per year. She thought there should be a specified minimum number of hours of continuing education for department heads each year in order to keep current. City Council Minutes -7- November 25, 1986 Jullie said that he will be meeting with department heads before the end of December for their review time and he would include continuing education in those discussions in addition to the goals included on tonight's Agenda as a separate item. B. Review of Goals for 1987 Bentley noted that he was concerned about the wording of Item I. 10, regarding arrangements in the Flying Cloud Landfill expansion permit request. He said it seems to establish a policy that the City is going to follow rather than the current policy. A discussion followed regarding the rewording of this item. The consensus of the Council was that the review of goals required a lot of time and effort from Mr. Jullie and that he had produced an outstanding document. Bentley said that, relative to Item 2 of the suggested City Council goals regarding a strategic planning process, he would like to see a time schedule as to how we are go- ing to proceed on this. He said he hoped that the Council would be doing this rather than relying on committees or outside consultants. Peterson asked if he meant we should not hire a consultant to help us. Bentley said he thought the actual planning process should be done by the Council as opposed to hiring a consultant to prepare a plan for Council approval. Peterson asked if the Council would be amenable to an ex- tended meeting time for this, such as all day Saturday. Bentley said he wasn't prepared to determine that at this time but rather was hoping Mr. Jullie would return with a proposed timetable as to how we could establish a strategic plan with the understanding that it will require special meetings. As part of the strategic planning, Peterson said he would like to have some discussion on Council attendance at con- ferences and discussion to clarify the responsibilities of the Mayor as similar or different from those of the other Councilmembers. A discussicn followed regarding whether there was a difference in those responsibilities. The con- sensus was that it would be a good point to discuss during the strategic planning process. C. Salary Review (Continued from October 21, 1986) City Council Minutes -8- November 25, 1986 Bentley noted that the requested base rate adjustme n t o f $2,500 effective January 1, 1987 would bring Mr. Jul l i e ' s salary up to the 1986 mean. MOTION! Bentley moved, seconded by Redpath, to appr o v e a base rate adjustment of $2,500 to City Manager Jul l i e ' s salary effective January 1, 1987. Motion carried un a n i - mously. Bentley noted that he was concerned about the sugges t e d automatic base rate adjustment of $2,500 on January 1 s t o f each year. He said he would prefer to continue the c u r r e n t process whereby Council reviews the salary and makes a d - justments on an annual basis. Discussion followed r e g a r d - ing the suggested automatic adjustment. The consens u s w a s to continue the current process. Peterson said he thought it was important to set a r e g u l a r time for Mr. Jullie's performance review and suggest e d t h a t it be the first Council meeting in June of each year . Bentley said he thought the City Manager should come t o u s with a salary request that would be effective Janua r y 1 each year, possibly as early as October so that we c a n start the review process. Anderson said he thought it was important to set a n e n d i n g date to the process as well as a starting date. Pe t e r s o n said Mr. Jullie suggested that the performance revi e w b e conducted at the first meeting in June which would m e a n the process would have to begin in January or Febru a r y . Pidcock asked Sharon Gluschenko, who was in the aud i e n c e , what the normal procedure was. Ms Gluschenko said i t w a s important to separate the performance review from th e salary action. MOTION: Bentley moved, seconded by Pidcock, to set t h e first Regular City Council meeting in February as th e d a t e to begin the City Manager's performance review, at w h i c h time the performance documents will be reviewed for v a l i d i t y and the procedure will be set as to when the docume n t s w i l l be passed out and returned. Motion carried unanimou s l y . D. New Council Chambers Plan (Continued from November 18, 1986) City Manager Jullie said he would like some general d i r e c - tion on the layout of the Council chambers as to the a r r a n g e - ment and whether there should be a raised platform f o r t h e Council. He said we still have the old Council tabl e b u t he considers it to be too small. City Council Minutes -9- November 25, 1986 Anderson said he didn't want to go to any more expense than necessary since we probably won't be in the building more than three years. Peterson noted that the room is 48 feet long; therefore, it would make sense to have a platform so that people in the back of the room could see the Council. Redpath noted that the U-shaped arrangement allows the Councilmembers to look more directly at each other than the one we are using now. A discussion followed regarding the benefits of using a U-shaped table. Peterson said he didn't think there was a requirement for Staff to have good eye contact with the audience but the question of where to put the Staff is very important in the new arrangement. Pidcock said she didn't think it was fair to expect Staff to stand up to make their presentations since they often have a lot of resource material. She thought they should be able to sit at a particular place that would allow com- munication with the Council. She also noted that she was not in favor of a raised platform because it appears to raise the Council above the public. Bentley said he did object to the Staff having their backs to the audience because the people in the audience are the reason for having the Council meeting. Anderson said he liked the old arrangement at City Hall better than this one because viewing is difficult from his present perspective. He said he would like to get an arrangement so that the viewing of a screen or display is easy for everyone. He said that sound is also important. Bentley noted that his personal preference would be Alter- nate B because the arrangement has a raised platform, makes use of the old table, allows for a nice-sized presentation area, and provides the Recording Secretary a good position to see and hear what is going on. A discussion of Alternate B followed. Jullie noted that we could try different arrangements if the raised platform was not constructed right away. Bentley said we could raise the platform once we found out which arrangement works the best. The consensus was to try dif- ferent arrangements to see which one works out the best. Nevember 25, 1986 City Council Minutes -10- IV. Resolution No. 86-297 - Setting the Date for Bond Issue , City Manager Jullie said this resolution relates to the issue and sale of $2.3 million General Obligation Buildin g Bondi for the fire station441.7 million General Oblig a t i o n Water Revenue Bonds for improvements to the water, wste m and $1' million Certificates of Indebtedness for equipme n t . purohases. He said this would set December 16th at 4:00 P M as the date and time at which sealed bids will be receiv e d for the bonds. MOTIONi Redpath moved, seconded by Bentley, to adopt Re-Solution No. 86-297 -, providing for the Public Sale of $2,300,000 General Obligation Building Bonds; $1,700,00 0 General Obligation Water Revenue Bonds; and $14.000000 Certificates of Indebtedness. Motion carried unanimousl y . • NEW BUSINESS .'Peterson said he had received a phone call from a resident w h o is very concerned about the effect of stress on young people in Eden Prairie. He said she is involved in groups work i n g w i t h young, people and asked him to get Council . sentiment ondesig, nating February as "Eden Prairie Loves Its Kids" month w i t h : appropriate events and programs to help kids understand t h i n g s going on in their lives. He said he was just mentionin g t h i s and did not want a lengthy discussion on it as it wasn't a n Agenda item. City Manager Jullie said that a significant amount of er o s i o n had occurred on Riverview Road east of the landfill. He s a i d that a 200-foot long section of the road has broken off, a p - parently about a week ago, and that Staff is investigatin g t h e cause. He noted that barricades have been put up and th e a r e a will be fenced. In addition the Watershed District has b e e n notified and they will call the Corps of Engineers. V. ADJOURNMENT MOTION: Bentley moved, seconded by Redpath, to adjourn t h e meeting at 8:25 PM. Motion carried unanimously. • CONTRACT. AMENDMENT NO. 1 TO CONSTRUCTION CONTRACT FOR • IMPROVEMENT PROJECT 51-272 VALLEY VIEW ROAD, COUNTY ROAD 4 TO MITCHELL ROAD. CITY OF EDEN PRAIRIE, MINNESOTA --BAW copy s, City Copy 7" Contractor Copy. Inspector Copy December, 1986 BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. 700 Third Street South Minneapolis, MN 55415 7/161/2451.503 Granular Backfill (for pipe bedding) C.Y.(LV) 500.00 $ 10.00 $ 5,000.00 The following work shall be added by contract amendment to this project. ADDITIONS Amount 2,022.20 $ 8,75 $17,694.25 1.00 $1,050.00 •$ 1,050.00 3/157/2557.501 Wire Fence, Design LF 315.00 $ 14.50 $ 4,567.50 48-9322, Vinyl Coated 4/158/2557.501 Wire Fence, Design LF 103.00 $ 16.50 •$ 1,699.50 60-9322, Vinyl Coated 5/159/2557.527 Electrical Grounds EA. 4.00 $ 50.00 $ 200.00 6/160/2105.523 Common Borrow C.Y.(LV) 12,000.00 $ 3.90 $46,800.00 (Off-Site Source No. 1) Seq. No. Mn/DOT No Item 1/155/ Wood Chip Fill 2/156/2501.515 27" R.C. Apron, w/Trash Guard Estimated Unit Quantity C.Y.(LV) EA. TOTAL ADDITIONS, CONTRACT AMENDMENT NO. 1 DEDUCTIONS Seq. No. Mn/DOT No. Item 1/133/2402.585 Pipe Railing (Deletion) LF 2/27/2105.523 Common Borrow (Quantity Change Only) TOTAL DEDUCTIONS CONTRACT AMENDMENT NO. 1 Estimated Unit Quantity $77,011.25 Amount $39,840.00 Unit Price 168.00 $ 30.00 $ 5,040.00 C.Y.(LV) 12,000.00 $ 2.90 $34,800.00 NECESSITY FOR 'AMENDMENT ir ADDITIONS Item 1: 'ill needed as-specified by Twin City Testing, in old Purgatory. Creek channel in surcharge area. Was unintentionally ..omitted from original BiciltemS. :Larger diameter pipe outlet than original design requested by Watershed District, to reduce outlet velocity. Replacement for originally planned pipe railing, to provide protection fcit Edenvale Golf Club clients at Golf Cart Underpass retaining walls. Replacing pipe railing with woven wire fence, so pipe railing being deleted. Common Borrow (12,000 CV) from on-site being replaced with 12,000 CV from off- site (C.A. No. 1 Item 9) ORIGINAL CONTRACT AMOUNT TOTAL PREVIOUS CONTRACT AMENDMENTS SUBTOTAL Item GranuTar Backfill lieededHfOr pipe bedding and cover where existing set, .plastic soils in trench are: unsuitable. Page 2 of 3 Common Borrow from on-site notyavailable for surchargejill, Under future roadbed, because excavation operations not advanced far enough. Additional $1 00/cy is for additional haul costs due to off site source, and maintains Original Sid Price prOfitAlargins. TOTAL ADDITIONS, CONTRACT AMENDMENT NO. $ 77,011.25 SUBTOTAL $2,120,041.15 TOTAL DEDUCTIONS, CONTRACT AMENDMENT ND. 1 •$ 39,840.00 CONTRACT AMOUNT TO DATE $2 080,201.15 Item CONTRACTOR Shafer Contracting,Co., Inc. Title 1.27/4,7 ENGINEER Bennett-Ringrose-WolsfelcWarvis7Gardner, ,Title Date CITY OF EDEN PRAIRIE City Engineer Page 3 of 3 BRW Copy ‘etty Copy Contractor CPPY inspecWr CONTRACT AMENDMENT NO. 4 TO CONSTRUCTION CONTRACT FOR IC 52-035, ANDERSON LAKES PARKWAY TH 169 TO MITCHELL ROAD CITY OF EDEN PRAIRIE, MINNESOTA December, 1986 BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. 700 Third Street South Minneapolis, Minnesota 55415 The following work shall be added by contract amendment to this project: SECTION "A" (Mn/DOT 1904 - Force Account) Additions Al. Labor Costs Item No. Item Unit Quantity Unit Price Amount 1. Superintendent Hours 12.0 $24.82 $ 297.84 2. Foreman (Tim D.) Hours 67.5 22.10 1,491.75 3. Foreman (Bill W.) Hours 5.0 23.33 116.65 4. Backhoe Operator Hours 54.5 22.10 1,204.45 (Case 580-C) 5. Dozer Operator Hours 16.5 21.80 359.70 (Komatsu 0-31-P, D-53-S) 6. Laborers Hours 124.0 18.25 2,263.00 7. Laborer (Dale S.) Hours 54.0 18.77 1,013.58 8. Bobcat Operator Hours 5.0 21.80 109.00 9. Cement Finisher Hours 15.0 22.60 339.00 10. Foreman (Lund Asphalt) Hours 11.5 22.10 254.15 11. Laborers (Lund Asphalt) Hours 34.5 18.25 629.63 12. Truck Driver (Lund Asphalt) Hours 9.0 16.40 147.60 13. Prime Contractor's L.S. 149.55 10% Mark-up on Lund Asphalt ($1,031.38 + 45%) x 10% Labor, Sub-Total 8,375.90 Add 45% 3,769.16 TOTAL LABOR $12,145.06 Page 1 of 5 A2. Material Costs Item No. Item Unit Quantity Unit Price Amount 14. Class II Riprap Ton 542.0 15. Class 5 Aggregate Ton 22.8 16. Siltation Fence L.F. 200.0 17. 48" Manhole Sec. EA 2.0 18. 48" Cover Slabs EA 2.0 19. Manhole Blocks EA 84.0 20. 27" Adjusting Rings EA 6.0 21. Manhole Bricks EA 100.0 22. Concrete Mix (3A Grout) C.Y. 2.0 23. Concrete Delivery L.S. Charge, 3A Grout 24. Castings: R-3250-1 EA 2.0 25. Concrete Mix (3Y32) C.Y. 9.0 26. Concrete Delivery L.S. Charge, 3Y32 27. Sod S.Y. 90.0 28. Filter Fabric S.Y. 699.0 29. Bituminous Mix Ton 39.9 30. 6% Minn. Sales Tax L.S. 31. Prime Contractor's L.S. 10% Mark-up on Lund Asphalt after 6% Sales Tax ($619.65 x 1.06 + 15%) x 10% Material, Sub-Total Add 15% TOTAL MATERIAL A3. Equipment Costs $ 8.80 4.70 0.94 43.70 80.70 1.75 3.50 0.25 42.45 34.00 189.00 27.95 12.00 0.45 0.99 15.53 457.15 75.54 $4,769.60 107.16 188.00 87.40 161.40 147.00 21.00 25.00 84.90 34.00 378.00 251.55 12.00 40.50 692.01 619.65 457.15 75.54 8,151.86 1,222.78 $9,374.64 Item No. Item Unit Quantity Unit Price Amount 32. Compressor (Screwaire) Hours 9.0 $ 8.63 $ 77.67 33. 90 Lb. Hammer Hours 9.0 1.35 12.15 34. Concrete Saw Hours 4.5 2.00 9.00 35. Concrete Blades EA 10.0 10.00 100.00 36. 3/4 Ton Pickup Hours 13.0 3.00 39.00 37. Backhoe, Case 580-C Hours 38.0 15.10 573.80 38. Dozer, Komatsu 0-31-P Hours 14.5 22.41 324.95 39. Bobcat Loader, 743 Hours 2.0 8.56 17.12 40. "Wacker" Compactor Hours 4.0 2.77 11.08 41. 1 Ton Form Truck Hours 2.0 3.50 7.00 42. Loboy w/Operator Hours 9.0 70.00 630.00 43. Truck, Single Axle Hours 3.5 16.25 56.88 44. Type "A" Flashers Unit- 15.0 5.85 87.75 (Warning Lites) Days 45. Roller, Buething (Lund) Hours 5.5 2.92 16.06 46. Plate Tamper (Lund) Hours 1.0 1.21 1.21 47. Truck, Tandem Dump (Lund) Hours 9.0 24.00 216.00 48. 3/4 Ton Pickup (Lund) Hours 11.5 3.00 34.50 49. Bobcat Loader, 743 (Lund) Hours 3.00 8.56 25.68 Page 2 of 5 2,211.15 2,211.15 38.12 38.12 110.56 110.56 4,599.68 0.00 $ 4,599.68 $25,119.38 Deductions Item No; Item 1. R. Knutson share of creek L.S. clean-up (letter of 9/12/86) TOTAL DEDUCTIONS SECTION "A" $1,000.00 Unit Quantity Unit Price Amount 1.0 $1,000.00 $1,000.00 A3. Equipment Costs (Conti) Item No; Item Unit Quantity Unit: Price Amount 50. Traxcavator, Komatsu' D-53-S L.S. 51. 52. Prime Contractor L.S. 5X Overhead on Rented :Traxcavator ' prime Contractor L.S. ' 10% Mark-up on Warning Litesi(381a0) x-10% - Equipment ..Su-Total: Add 0% TOTAL EQUIPMENT TOTAL ADDITIONS SECTION :"A" SECTION "B" Time and Material for Extra Ditching and Hydrant Painting Additions Item No. Item 1. Backhoe w/Operator, Insley 2500 C 2. Dozer w/Operator, 0-65-P Komatsy 3. Foreman w/Truck 4. Vehicle (for hydrants) 5. Laborers (for hydrants) 6. Red Hydrant Paint 7. Red Spray Paint Unit Quantity Unit Price Amount Hours 18.00 $106.50 $1,911,00 Hours 18.00 93.00 1,674.00 Hours 3.0 34.00 102.00 Hours 8.0 25.00 200.00 Hours 10.0 28.50 285.00' Gal. 2.0 51.00 104.00. Can 2.0 11.15 22.30 TOTAL ADDITIONS SECTION "B" $4,302.30 Page 3 of 5 SECTION "C" SIGNAL SYSTEM AND PAVEMENT MARKINGS Additions Item No. Item Unit Quantity Unit Price Amount 1. Pavement Message, Turn EA Arrow 2. Pavement Message, Thru - EA Turn Arrow 3. Pavement Message, "ONLY" EA 4. Guy Anchor Relocation, EA Existing Signal System TOTAL ADDITIONS SECTION "C" Necessity for Amendment Section "A" Additions: 7.00 $30.00 $ 210.00 2.0 60.00 120.00 1.00 65.00 65.00 2.0 440.00 880.00 $1,275.00 1. In roadway, in vicinity of C.B. 55, station 59+50 Rt., and creekbed and banks south of bridge: Repair work needed to repair washout in embankment, and remove sediment in creekbed partly due to uncontrolled runoff from Tipton site (Eden Place Apartments), (to be reduced by $1,000.00 for R. Knutson's share of repair and clean-up). Added two catch basins between structures 55A and 55. Extra cost for added catch basins over Contract Unit Price, and removal and replace- ment of bituminous pavement and concrete curb and gutter, to be reim- bursed to City, by BRW. Catch basins should have been included in original design and plans, due to superelevation of roadway. Also, BRW to reimburse City for cost of C.B. 53 and 20 If of 12" RCP, which is not needed. Also, placed additional riprap to provide overflow flume from roadway to creek, protect downstream wingwalls, and protect creek banks. 2. On Chestnut Drive, sidewalk station 11 to 11+90 Lt. relocated after construction, to clear fire hydrant. City to pay half of cost, BRW to reimburse for other half. Section "A" Deductions: R. Knutson Construction Co's agreed share of washout repair and creekbed cleaning, per letters of 9/3/86 and 9/12/86. Section "8" Additions: Items Ditching work done by R. Knutson per BRW letter of 10/8/86, to provide 1-3: outlet from ponding area in Centex's Ridgewood site, to catch basin at Cumberland Road and Anderson Lakes Parkway, and later to extended storm sewer stub off of Cumberland. Page 4 of 5 Items Hydrant painting ordered by City, but was not in Contract. 4-7: Section "C" Additions: Items Necessary to traffic guidance, •but were not included in original Bid 1-3: Items. Item Grade next to roadway had to be, lowered to provide sight distance at , intersection.- Guy anther-relocabbd not in signal plans. ORIGINAL CONTRACT AMOUNT TOTAL PREVIOUS CONTRACT AMENDMENTS - SUBTOTAL TOTAL, ADDITIONS CONTRACT:AMENDMENT NO. 4 (Sections A-C) SUBTOTAL TOTAL DEDUCTIONS CONTRACT AMENDMENT N0_4. CONTRACT AMOUNT TO DATE CONTRACTOR Richard Knutson, Inc. Title S1,922,277.18 292,357.01 82,214,627.19 31,696.68 $2,246,324.87 1,000.00 $2,245,324.87 Date Inc. ENGINEER Bennett-Ringrose-Wolsfeld-Jarvis-Gardner, Title 1-41";e20,3,/ 777 Date J- z/, /gg EDEN PRAIRIE City Engineer Date Page 5 of 5 CITY OF EDEN PRAIRIE: HENNEPIN COUNTY, MINNESOTA RESOLUTION NO .: 86-301 - 'A RESOLUTION APPROVING FINAL PLAT OF BLUESTEM HILLS 1ST ADDITION WHEREAS, the plat of Bluestem Hills 1st Addition has been submitted in a manner required forjAatting 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 ofMinnesota and ordinances of the City of Eden -.Prairie. N01,4 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Bluestem Mills,' 1st Addition is approved upon compliance with the recommendation- of the City Engineer's report on this plat dated December 10, 1986. B. That the City4 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 December 16, 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 Jeffrey Johnson, Engineering Technician December 10, 1986 BLUESTEM HILLS 1ST ADDITION Brown Land Company has requested City Council approval of the final plat of Bluestem Hills, a single family residential subdivision located south of Bennett Place, north of Purgatory Creek in the South halves of Sections 25 E. 26. The plat contains 31.56 acres to be divided into 27 lots, 5 outlots and right-of-way dedication for street purposes. Outlots A, B, C, 0, and E containing 4.60, 1.24, 1.56, 5.41 and 4.58 acres respectively. Ownership of Outlots A, B, C, and D will be retained by the developer for future divisions. Ownership of outlot E will be conveyed to the City. HISTORY: The preliminary plat was approved by the City Council August 19, 1986, per Resolution 86-204. Second reading of Ordinance 45-86, changing zoning from Rural to R1-13.5, was finally read and approved at the City Council meeting held September 16, 1986. The Developer's Agreement referred to within this report was executed September 16, 1986. VARIANCES: All variance requests must be processed through the Board of Appeals. DIRTIES AND STREETS: All municipal utilities, roadways and walkways will be installed throughout the plat in conformance with City standards and the requirements of the Developer's Agreement. The developers have submitted a petition for local improvements to Bennett Place from Creekridge Drive to Bluestem Lane. If these improvements are deemed feasible, the developers shall enter into a special assessment agreement covering the costs of said improvements with the City concurrent with future platting. A lift station for sanitary sewer is proposed with this development. Because of the City's policy of considering lift stations as a temporary 2. 1 =.:)0 cc: Brown Land Company Sally & Dave Brown Final Plat Bluestem Hills 12/10/86 measure, if it is determined through a feasibility study that this development may be served by a gravity sewer system, the developers shall execute a special assessment agreement " covering the share of sewer costs for BluesteniiHillt prior to :platting a second phase. PARK DEDICATION:: Prior to release of the final plat -, developers shall convey to the City, by Warranty Deed, Outla E. Prior to release of final plat, developers shall provide the'City.with a conservation easement over the -drainage and utility•easement on Block 1 as shown on the plat. The remaining requirements for park dedication are covered in-the Developer's Agreement. Bonding must conform to City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Bluestem Hills 1st Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee of $845. 2. Receipt of street lighting fee of $3,379. 3. Receipt of engineering fee of $1,080. 4. Receipt of Warranty Deed for Outlot E. 5. Receipt of conservation easement on Block 1. 6. Satisfaction of bonding requirements. JJ:sg A RESOLUTION APPROVING FINAL PLAT OF HNEMEC:KNOLLS WHEREAS, the plat of Nemec Knolls has been submitted ihTa manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnetota Statutes and all proceedings hove 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 PRAIRIE: OF THE 'CITY OF EDEN A. Plat approval request for Nemeck Knolls is approved-upon compliance with the recommendation of the City Engineer's report on this plat dated November 21, 1986. B. Variance is herein granted from City Code 12.20 Subd, 1,A, waiving the six month maximum time elapsebetween the approval date of the preliminary plat and filing of the final plat at 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 December 16, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: DATE: SUBJECT: PROPOSAL: HISTORY: VARIANCES: Jeffrey Johnson, Engineering Technician November 21, 1986 NEMEC KNOLLS (1 ) Donald and Doris Nemec have requested City Council approval of the final plat of Nemec Knolls, a three acre single family subdivision. The proposed subdivision consists of 5 lots, 1 outlot and right-of-way dedication for roadway. The site is located east of Creek Knoll Road and west of Purgatory Creek in the North 1/2 of Section 26. The preliminary plat was approved by the City Council October 16, 1979, per Resolution 79-183. Second reading of Ordinance 79-36, rezoning from Rural to RI- 13.5 was finally read and approved at the City Council meeting held October 16, 1986. The Developer's Agreement referred to within this report was executed October 16, 1979. 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 variance requests must be processed through the Board of Appeals. STREETS & VARIANCES: Sanitary sewer and water main are available for extension into the site. A street is proposed to the northeast off of Creek Knoll Road with a temporary turn-around at the north line. Prior to release of the final plat, an easement encompassing the temporary turn-around shall be given to the City. Page 2 Final Plat of Nemec Knolls PARK DEDICATION Owner shall convey to the City a Warranty. Deed covering the_ property, lying within the Purgatory Creek : Flood Plain shown in "Exhibit 8" of the Developer's Agreement. Outlot 8. The executed Warranty Deed must be provided prior -to release of the final plat'. The developer has submitted a 100%, petition requesting City installation of local improvements': Owner shall provide preliminary engineering data and cost estimates in Conformance with present City Code requirements, prior to release of the - plat. PARK DEDICATION: Owner shall grant to the City a scenic easement as, outlined in the Developer's Agreement prior to release of the final plat. Cash park fees will be charged at the current rate of $425.00 ' per lot. BONDING: Bonding shall conform to current City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Nemec Knolls subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $470. 2. Receipt of street lighting fee in the amount of $1,178. 3. Receipt of engineering fee in the amount of $250. 4. Satisfaction of bonding and municipal improvement installation requirements. 5. Receipt of Warranty Deed covering flood plain area. 6. Receipt of easement covering temporary turn-around. 7. Receipt of scenic easement. JJ:sg cc: Donald 8, Doris Nemec Dick Heise Egan, Field, Nowack CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-303 A RESOLUTION APPROVING FINAL PLAT OF CARMEL FIFTH ADDITION • WHEREAS -, the plat of Carmel Fifth Addition bas: been submitted in A manner • required for platting land under the Eden Prairie Ordinance. Code and tinder Chapter. 462 of the Minnesota Statutes and all proceedings:have been duly had thereuner; and WHEREAS, said plat is in all respects consistent with the City.Pan and the regulations And requirements of the laws: of the Stateof 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 Carmel Fifth Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 9, 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 December 16, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk ! Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician December 9, 1986 SUBJECT: CARMEL FIFTH ADDITION PROPOSAL: Hans Hagen Homes, Inc., has requested City Council approval of the final plat of Carmel Fifth Addition. The plat contains- 5 single family residential lots on approximately 1.74 :acres located west of Fallbrook Road and north of Boulder Bay Road in the North 1/2 of Section 2. CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT FROM: DATE: TO: THROUGH!' HISTORY: PUD concept approval was granted by the City Council on January 3, 1984 per Resolution 84-02. The preliminary plat was approved by the City Council on January 3, 1984, per Resolution 84-03. VARIANCES: Zoning to RI-13.5 was finally read and approved by the City Council on March 6, 1984, per Ordinance 1-84. The Developer's Agreement, Owner's Supplement to the Developer's Agreement and a Park Agreement referred to within this report were executed by the City and developer on March 6, 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. Setback variances are allowed through Item 8 of the Developer's Agreement. All other variance requests must be processed through the Board of Appeals. Page 2 Final PlatCarmel Fifth Addition, UTILITIES AND STREETS: Municipal utilities and streets will be installed by the developer in conformance:-with City standards, PARK DEDICATION: The requirements for park dedication are covered in the -Developer's Agreement and Park Agreement. BONDING: Bonding will conform ft) the.-reluirements Agreement, the Developer's RECOMMENDATION: CC : DLO:sg Hans Hagen E. G. Rud Recommend approval of the fipalfplat of Carmel Fifth Addition subject to.- the requirementtHofthit report', the Developer's Agreement:and:the f011Owing: I. Receipt of street lighting fee in the amount-of $512. 2. Receipt of engineering fee in the amount of $200. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST December 16, 1986 1987 LICENSES LIQUOR .CONTRACTOR (MULTI-FAMILY & COMM.) A to Z Rental Cardarelle & Associates :J & A Construction, Inc. Sunway Homes, Inc. CONTRACTOR (1 & 2 FAMILY) Atom Group Barthel ,Homes, Inc. H. L. Becker:Construction 13er9& Associates Design 13rYant:tOnstruction G.-.:Gilbertsen Merle's"Construction Metropolitan Home Improvement MichaeFHomes, Inc. George-Monson Development Al Quality Contracting Shep's Construction Triple R Construction R. A. Ungeruen Construction Wooden Rainbow, Inc. Ken Wuertz Construction GAS FITTER ARI Mechanical Services Ditter, Inc. HEATING & VENTILATING Ditter, Inc. Faircon Service Grendahl Mechanical, Inc. SEPTIC SYSTEM Quickway Excavating Co. DRIVE IN THEATRE Flying Cloud Drive In Theatre ON SALE LIQUOR Abby's Restaurant ON SALE LIQUOR & SUNDAY Edenvale Golf Course Green Streets Kabuki Restaurant Mexican Village Mirage Stars Restaurant (Flagship) Three Bee'z II ON SALE CLUB LIQUOR & SUNDAY LIQUOR Eden Prairie Legion Olympic Hills Corporation WINE ON SALE & SUNDAY WINE Country Kitchen 3.2 BEER ON SALE Cedar Hills Golf Park Country Kitchen Detello's Pizza & Pasta Jerry's Super Valu Lion's Tap Masterpiece Pizza Pizza Hut E. P. Robins, Inc. Rocky Rococo Schmidts Market 3.2 BEER OFF SALE Eden Prairie Grocery Eden Prairie Legion Jerry's Super Valu Lion's Tap POO Food Store Q Petroleum Schmidts Market W. Gordon Smith Co. Superamerica CLERK'S LICENSE APPLICATION LIST page two CIGARETTE Eden Prairie Grocery Eden PrairWLegitin Jerry Super Valu Lion,'s Tap PDQ Food Store W. Gordon Smith Co. Superamerica TYPE A FOOD Rainbow Foods PEDDLAR: Gerald Brill (Firewood) Patrick:1410er (Firewood) These licenses have been approved by the department heads responsible for the licensed activity. Pat:Solle, Licentirig CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-307 9.)1'.4c3 RESOLUTION APPROVIAG THE PRELIMINARY PLAT OF EATON ADDITION FOR EATON CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eaton Addition for Eaton Corporation, dated Novenher 4, 1986, consisting of 46.8 acres into two lots, 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 16th day of Novenber, 1986. Gary D. Peterson, Mayor ATTEST: John 0. Frane, City Clerk 16-9, 16-101 1-5 PRK B 1 z: AREA LOCATION MAP I -84 STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPL ICANT/ FEE OWNER: REQUEST: Planning Cowl ssi on Donald R. Uram, Assistant Planning Chris Enger, Director of Planning November 21, 1986 Eaton Addition South of Highway #5, north and west of Technology Drive, east of Wallace Road. Eaton Corporation Preliminary Plat of 46.8 acres into two lots. Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for Industrial type land uses. The property is zoned 1-5 Park and is the location of the Eaton Industrial complex. Surrounding properties in all directions are also guided for Industrial type land uses and are developed as such. Specific land uses in the area Include the Eden Praire Industrial center, zoned 1-2 Park to the west; Roberts Litho and the Hoyt Roberts 2nd Addition, zoned 1-2 Park to the south; the Cooperative Power Association complex, zoned I-5 Park to the east; and Highway #5 located to the north of the site. The proponent is requesting the sub- division of the 46.8-acre site into two lots to allow for the sale of the existing 66,000 square foot concrete building located in the southern corner. Preliminary Plat The preliminary plat depicts the division of approximately 46 acres Eaton Addition November 21, 1986 Staff is recomnending the approval of the request of the Eaton Corporation for the subdivision of approximately 46.83 acres into two lots based on plans dated November 4, 1986, and subject to the following conditions: Into two lots. The division of this parcel into two lots would meet the minimum requirements of the I-5 zoning district. Lot 1 would contain approximately 32 acres and remain under the ownership of the Eaton Corporation. There are two existing buildings on Lot 1 with a total of approximately 230,000 square feet of building. Access to Lot 1 will be from State Highway #5 and also a driveway easement off Technology &rive. Lot 2, containing approximately 14.67 acres, is the location of an existing 66,000 square foot building which is currently vacant and proposed for sale by the Eaton Corporation. Lot 2 will be primarily served from the driveway easement off Technology Crive. As part of the platting process, proponent will be required to file a drivewq easement and a cross access agreement for Lot 2 for•access purposes. These easements will be required concurrent with the final platting process. Two areas of concern in reviewing the plat include the ponding areas located within each of the two lots and also the absence of public utilities to the existing 66,000 square foot building. In regards to ponding, Staff is concerned that there are no outflows from these two basins. Staff requires, as part of the platting process, that a detailed storm water drainage plan be developed for these two ponding basins. Secondly, Staff is requiring that, prior to the release of the final plat, water and sanitary sewer connections be made to the existing 66,000 square foot concrete building. STAFF RECCt4MENOATI0NS 1. As part of the platting process, proponent shall file a driveway and cross access agreement for purposes of providing access to the existing 66,000 square foot concrete building located on Lot 2. As part of the platting process, proponent shall dedicate the right-of-way required for the Technology Drive cul-de-sac. 3. Prior to the release of the final plat, proponent shall provide Staff with a detailed storm water drainage plan for the two ponding basins. 4. Prior to the release of the final plat, proponent will be required to provide water and sanitary sewer connections to the existing 66,000 square foot office building proposed for sale. Mayor and City Council: ) Assistant to the City Manager Craig Dawso ;01 Amendment to Transit .Joint Powers Agreement December 11, 1986 For a:variety of reasons, the .Commissioners of the. Southwest Area Transit Commission: wish to change the name of their body. At its November20, 1986'irieetingithe Board ofCoMmittiOners :decided that it *WM request the three City Councils to amend the joint powers Agreement to change the .COmmission's name to :"Southwest Metro Transit Commission" ("SWMTC".). A resolution (attached) haS beeK.prepared which would effect this .change. CWD:jdp CITY OF EDEN PRAIRIE BY: Its BY Its Its Approved by the City Council of Chaska this day of , 1986 RESOLUTION NO. 86-309 CITY OF EDEN PRAIRIE SECOND AMENDMENT TO JOINT POWERS AGREEMENT ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION 'THIS AMENDMENT to the Joint Powers Agreement Establishing the Southwest Area Transit COMmission is made and entered into this day of , 1986, by and - 'between the _Cities of Eden Prairie, Chanhassen, and Chaska, all being municipal -cOr0Orattons organized under the laws of the State of Minnesota, pursuant-to authority Conferred upon the parties by Minnesota Statutes Sec. 174.265, Minnesota Statutes Sec. 471.384, Minnesota Statutes Sec. 473.388, and/or Minnesota Statutes Sec. 471.59. NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants-.and agreements contained herein, it is hereby agreed by and between the Cities of Eden , Prairiei-Chaska, and Chanhassen, through their respective City Councils, that 1 of the joint Powers Agreement Establising the Southwest Area Transit Commis'sion is amended to change the name of the Commission: "1. NAME "The parties hereby create and establish the SOUTHWEST-AREA TRANSIT-e8MMI-55F8N SOUTHWEST METRO TRANSIT COMMISSION." NOW,..11IEREFORE, BE IT FURTHER RESOLVED that all other references to the Southwest Area Transit Commission in the Agreement will be likewise amended as if they were fully listed and stated herein. Approved by the City Council of Eden Prairie this day of , 1986 CITY OF CHANHASSEN BY: Its BY: Its Approved by the City Council of Chanhassen this day of , 1986 CITY OF CHASKA BY: TO: MAYOR & COUNCIL FROM: JOHN FRANE DATE: DECEMBER 12, 1986 RE: EDEN POINTE AND PRESERVE PLACE APARTMENTS MULTI-FAMILY HOUSING BONDS RESOLUTION 86-311 AND 86-312 The closingAocuments for these projects should be amended to reflect : the current rate of re-investment interest which is available -in the market. The bond proceeds are being held by the trustee'pending:the third party guarantee: The re-investment rate will ,Whigher than the bond interest rate. RESOLUTION NO. 86-,W A RESOLUTION RELATING TO THE $4,235,000 CITY OF EDEN PRAIRIE, MINNESOTA MULTIFAMILY HOUSING DEVELOPMENT REVENUE BONDS (PRESERVE PLACE APARTMENTS PROJECT) BE IT RESOLVED by the City Council of the City of Eden .Prairie, Minnesota, that the changes to the Indenture of Trust; dated as of December 1, 1985, relating to the above-described Bonds contemplated by that certain Supplemental Indenture Number One, dated as of August 1, 1986 (attached hereto as Exhibit A and incorporated herein by reference), shall be and hereby are, in all -respects, adopted and approved, effective as of the date thereof. . RESOLVED, FURTHER, that the proper officials of the City, And each of them, shall be, and they each hereby are, authorized and directed to execute, acknowledge, perform and deliver, in the name of and on behalf of the City, Supplemental Indenture Number One in substantially the form of Exhibit A hereto, together with such changes therein and additions thereto as the official of 'officials executing the same, acting upon the advice of the City Attorney, shall deem advisable or appropriate, and all other instruments, documents, certificates, actions or deeds which may be deemed by said officials, or any of them, to be necessary or advisable to consummate the transactions contemplated by the foregoing Resolution, all of which may contain such clauses, terms, conditions and provisions as the official or officials who execute the same acting upon the advice of the City Attorney, shall deem advisable or appropriate; the execution, delivery and performance of any of the foregoing by such official or officials to be conclusive evidence of the approval by the City of the terms, conditions and performance thereto. RESOLVED, FURTHER, that all proper actions of the officials of the City heretofore taken, in the name of and on behalf of the City, with respect to the transactions contemplated by the foregoing Resolutions shall be, and they hereby are, in all respects, adopted, ratified, confirmed and endorsed. Adopted by the City Council of the City of Eden Prairie, Minnesota this day of December, 1986. Gary Peterson, Mayor [Seal] John Frane, City Clerk RESOLUTION NO. 86 A RESOLUTION RELATING TO THE $7,865,000 CITY OF EDEN PRAIRIE, MINNESOTA MULTIFAMILY HOUSING DEVELOPMENT REVENUE BONDS (EDEN POINTE APARTMENTS PROJECT) BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the changes to the Indenture of Trust, dated as of December 1, 1985, relating to the above-described Bonds contemplated by that certain Supplemental Indenture Number One, dated as of August 1, 1986 (attached hereto as Exhibit A and incorporated herein by reference), shall be and hereby are, in all respects, adopted and approved, effective as of the date thereof. RESOLVED, FURTHER, that the proper officials of the City, and each of them, shall be, and they each hereby are, authorized and directed to execute, acknowledge, perform and deliver, in the name of and on behalf of the City, Supplemental Indenture Number One in substantially the form of Exhibit A hereto, together with such changes therein and additions thereto as the official of officials executing the same, acting upon the advice of the City Attorney, shall deem advisable or appropriate, and all other instruments, documents, certificates, actions or deeds which may be deemed by said officials, or any of them, to be necessary or advisable to consummate the transactions contemplated by the foregoing Resolution, all of which may contain such clauses, terms, conditions and provisions as the official or officials who execute the same acting upon the advice of the City Attorney, shall deem advisable or appropriate; the execution, delivery and performance of any of the foregoing by such official or officials to be conclusive evidence of the approval by the City of the terms, conditions and performance thereto. RESOLVED, FURTHER, that all proper actions of the officials of the City heretofore taken, in the name of and on behalf of the City, with respect to the transactions contemplated by the foregoing Resolutions shall be, and they hereby are, in all respects, adopted, ratified, confirmed and endorsed. Adopted by the City Council of the City of Eden Prairie, Minnesota this day of December, 1986. Gary Peterson, Mayor [Seal] John Frane, City Clerk TO: MAYOR & COUNCIL FROM: JOHN fRANE DATE: DECEMBER 12, 1986, RE: RESOLUTION 86-314 TheCity Issued an MID8 for the Kirsch Company In'1980 in the amount of $1,200i000 -. Kirsch was purchased by McGraw-EdiSOn, McGraw-Edison was purchased byCooper IndUstries: The waiver has been --approved by the bondholder which ls Aetna Casualty and Surety ConipanY. Resolution 86-314 • Relating to'.the acquisition of McGraw-EdisOn by Cooper Industries (Kirsch-MIDB"$1,200,000) BE IT RESOLVED by the Council Of the City of Eden Prairie, Minnesota, as follOwt:- " That the City of Eden Prairie agrees to the attached waiver. Mayor Attest City Clerk/Finance Director (SEAL) WAIVER With respect to the $1,200,000 City of Eden Prairie, Minnesota, Industrial Development Revenue Bonds, Series 1979 (Kirsch Company Project), we hereby waive any event of default now existing or which hereafter arises under: (i) Section 9.1(L) of the Loan Agreement, dated as of July 1, 1979, between the City of Eden Prairie, Minnesota (together with any successor to its duties and functions, the "City"), a municipal corporation organized and existing under the Constitution and laws of the State of Minnesota and Kirsch Company, a corporation duly organized and existing under the laws of the State of Michigan (the "Guarantor"), (ii) Section 8.1(A) (4) of the Trust Indenture, dated as of July 1, 1979 (such Indenture, together with any amendments or supplements thereto, herein referred to as the "Indenture"), between the City and Northwestern National Bank of Minneapolis, a national banking association as trustee (the "Trustee"), or (iii) Section 5(d) of the Guarantee and Indemnification Agreement, dated as of July 1, 1979 (the "Guaranty"), between Cooper Industries, Inc. a corporation duly organized and existing under the laws of the State of Ohio ("Cooper") and the Trustee as amended and restated by the Waiver, Assignment, Assumption and Amendment dated as of September 30, 1981 (the "Agreement"), by and among the Guarantor, the Trustee, The Aetna Casualty and Surety Company, the current holder of the Bonds, and Cooper: (A) resulting from the occurrence of any event or the existence of any condition (other than a failure to pay timely principal, interest or premium) in respect of (x) the 11.75% Senior Promissory Notes due July 10, 2000 of McGraw-Edison Company ("11.75% Notes"); or (y) the 9% Registered Promissory Notes Due July 15, 1996 of Gardner-Denver Company ("9% Notes"), or under any agreement securing or relating to the 11.75% Notes or the 9.00% Notes, the effect of which is to cause (or permit any holder or trustee of such 11.75% Notes or 9% Notes to cause) the 11.75% Notes or the 9% Notes to become due prior to the stated maturity or prior to the regularly scheduled dates of payment thereof or, (B) resulting from the occurrence of any event or the existence of any condition in respect of any indebtedness or other Securities (as defined in the Guaranty) of the Guarantor or any Consolidated Subsidiary (each as defined in the Guaranty) or under any agreement securing or relating to such indebtedness or other Securities, which occurrence or condition results solely from the occurrence of an event or the existence of a condition (other than a failure to pay timely principal, interest or premium) under the 11.75% Notes or the 9.00% Notes, the effect of which is to cause (or permit any holder of indebtedness or other Securities or a trustee to cause) indebtedness and/or other. Securities of the Guarantor and/or its Consolidated Subsidiaries to become due prior, to the stated maturity or prior to the regularly scheduled dates of payment thereof. THE AETNA CASUALTY AND SURETY COMPANY, as Holder of all of the outstanding Bonds By: .tfloor Date: p3ff NoR m du V2ST 2APOLIS., ICA FORMERLY NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS, Trustee By: ,t,ian) Title: 'Corporate Trust Officer Bate: CITY OF EDEN PRAIRIE, Issuer By: Title: Date: Title: COOPER INDUSTRIES, INC., Debtor By: CA.0-,Cirr. Title: \.) P 014 Date: 9 -0614 o/t4'sMK2/078/2 NOW, THEREFORE,, BE IT RESOLVED that the City Council of Eden Prairie, Minnesotherebyvroposes the Amendment of the Plan asJolloWs: approximately 1.09 Acres located at the southeast quadrant of Anderson Lakes Parkway and County Road 118, be modified from Low Density. Residential to Office. ADOPTED by the City Council of Eden* Prairie this .16th :day of December, 1986. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION RO, 86-305 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS the City of -Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (mPlan"); and - 'WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; And, WHEREAS, the propOsal of:SuRplee's 7-HI Enterprises for Suburban National Bank/Preserve Medical Building for Office :amendment of the Plan, - development of the use requires the ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-306 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SUBURBAN NATIONAL BANK/ PRESERVE MEDICAL BUILDING FOR SUPPLEE'S 7-HI ENTERPRISES, INC. BE IT RESOLVED, by the 'Hen Prairie City Council as follows: That the preliminary plat of Suburban National" Bank/Preserve Medical Building for Supplee's 7A1 Enterprises,, Inc., dated November 20, 1986, consisting of 1.09 acres for 'irtWO ,-ttOryoffiCe building, :a: Co0y ,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 aMendnients thereto and is herein approved. ADOPTED by the Eden Prairie City Council On the 16th day: of Ttcember, 1986.. Gary D. Peterson, Mayor ATTEST: John D. Frame, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner TWUUGH: Chris Enger, Director of Planning DATE: November 21, 1986 PROJECT: Suburban National Bank LOCATION: Southwest quadrant of the intersection of Anderson Lakes Parkway and County Road #18. APPLICANT/ Supplee's 7-Hi Enterprises, Inc. FEE OWNER: Richard W. Gibson REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Office on approximately one acre. 2. Zoning District Change from Rural to Office on approximately one acre. 3. Preliminary Plat of approximately one acre into one lot. 4. Variances for parking to be reviewed by Board of Appeals. Background The Comprehensive Guide Plan depicts this site as a Low Density Residential land use. Surrounding land uses are guided Community Commercial to the north and Low Density Residential to the west and south of this site. Land is currently zoned and planned for commercial to the east of the site within the City limits of Blooming- ton. This site is currently zoned rural. Comprehensive Guide Plan Change The request for Comprehensive Guide Plan Change is from Low Density Residential to Commercial. The pro- ponent believes: 1) The proposed usage is a service oriented office land use and is an extension of an 1.= Suburban National Bank 2 November 21, 1986 existing commercial area. 2) The proposed land use is semi-residential in c h a r a c t e r and in scale. 3) The construction of the building would represent a n a t u r a l transition between residential neighborhoods, County Road #18, and the P r e s e r v e Village Center. 4) Construction of the proposed land use will also pr o v i d e a n increase in financial and health care services to the community. 5) The b u i l d i n g and site plan, in its design, acts as an effective transition from resident i a l a r e a s to the existing commercial areas and highway. The Comprehensive Guide Plan Change is an issue of how the proposed land u s e w o u l d fit in with the surrounding neighborhood since the site is small and will no t h a v e a noticeable effect on the Comprehensive Guide Plan balance. Any use other t h a n l o w density will have impacts on the adjoining residential neighborhoods. A p o s s i b l e way to justify a Comprehensive Guide Plan Change would be through to the ext e n t t h a t mitigating measures make the commercial proposal acceptable in this location. The impacts on the neighborhood are visual because of the proximity to the a d j a c e n t single family homes. The building is 30 feet from the property line and wi t h i n 7 5 feet of the nearest residential structure. The size of the building is 11,7 8 6 f e e t compared to approximately 2,003 square feet for the adjoining single family h o m e s . The proponents feel that through building architecture and landscapi n g , t h e intrusions into the neighborhood can be downplayed. Sloping the adjoining gro u n d u p to the building helps reduce the building height. No windows on the backs o f t h e building contributes to neighborhood privacy. The use of landscaping with e m p h a s i s on large conifer trees can soften the visual intrusion. The proponents feel that this site can be considered as an extension o f t h e commercial area to the north, not only because of the uses proposed, b u t a l s o because of the physical attachment to the parking lot through use of shared a c c e s s . On the other hand, this arguement has been used before with other Guide Plan C h a n g e requests. Though small piece-meal extension of land uses may seem harmless, t h r o u g h the domino effect, may contribute to the over-commercialization of the inters e c t i o n at Anderson Lakes Parkway and County Road #18 which is not currently contempl a t e d b y the Comprehensive Guide Plan. Though the uses proposed are community commer c i a l , i t does not necessarily mean that they are appropriate on this site. The C i t y ' s Comprehensive Guide Plan provides specific sites in the community for Co m m u n i t y Commercial land uses; most notably, around the Eden Prairie Shopping Center . Site Plan The site plan depicts the construction of a two-story, 11,786 square foot b u i l d i n g at a Floor Area Ratio (FAR) of 0.28. The building, as proposed, meets the m i n i m u m setback requirements for community cormiercial zoning. Parking is provide d o n - s i t e and on the adjacent property according to Code. This will require a parking s e t b a c k variance through the Board of Appeals. The use of shared parking will ta k e a w a y some of the parking spaces from the shopping center; however, the parking r a t i o f o r the Preserve Village Center will be at 5.5 spaces per 1,000 feet, which w o u l d b e consistent with other sites of this scale and land use within the community. Access Access to this site will be from County Road #18 and through the Preserve V i l l a g e Center parking lot. The County has reviewed the access request to County R o a d # 1 8 and recommends that the entrance be moved to the south property line s o t h a t i t could serve two properties and minimize the impacts on County Road #18. Mo v i n g t h e Suburban National Bank 3 November 21, 1986 driveway location to the south property line may prompt requests for commercial uses on this site to the south. The access onto County Road #18 would require the construction of a deceleration and acceleration lane plus a left-turn lane for northbound approaches from County Road #18. Access through the Preserve Village Center parking lot will result in a reconfiguration of the entrance to improve internal circulation and to minimize traffic movement conflicts. Internal circulation does not work well at the Anderson Lakes driveway entrance because vehicles back directly into the main entrance. The first twelve stalls should be removed in order to create a better protected lane and relocated elsewhere on-site. Traffic The traffic study which describes the impact of the proposal on the affected roadways and intersections. The study states that left turns to northbound County Road #18, are at level of service F, and that access out of the site should be limited to a right-out only. This would restrict the left turns at the intersection and divert the traffic to Anderson Lakes Parkway through the Preserve Village Center parking area. The traffic study indicates that the increase in traffic at the County Road #18-Anderson Lakes Parkway intersection would amount to less than 4% increase in the total traffic entering the intersection during the p.m. peak hour. The intersection is operating at level of service F. Architecture The proposed two-story building will appear one-story from the residential area due to the sloping nature of the ground up to the building. The building will appear as two-story from County Road #18. The building is proposed to be constructed of brick, wood, and rock face block. The elevations depict wood and block as occupying more than 25% of the building exterior. Although the building has some residential elements, it appears to have a commercial character. The wall facing the residential area is essentially flat with a small roof pitch at the top of the wall. Since site lines from the adjacent single family homes look onto the roof, mechanical equipment should be located within the building. Landscaping The landscape ordinance requires a caliper inch requirement based upon the size of the building and a screening requirement for parking and loading facilities. Parking and loading areas are effectively screened from County Road #18. The visual transition to the adjoining land uses is proposed to be accomplished through mass plantings. The use of landscaping as a transition should not only be functional in terms of downplaying the building mass, but should also be visually pleasing as well. The use of 14 to 16-foot high conifers provides for year-around transition; however, the spacing of the plant material is wide and the plan would benefit from additional coniferous trees at a similar height, with a maximum center-to-center spacing of twelve feet. The plan would also benefit from other plant materials including flowering shrubs and annual and perennial flowers. This will provide color and variety during the spring, summer, and fall months when there will be a lot of activity within the backyards of the adjoining residential homes. There is no landscape transition to the south. The plan benefits from additional large shade trees to augment the proposed screening fence. Suburban National Bank 4 November 21, 1986 Utilities Water is immediately available to this site. Sewer service is located approximately 600 feet to the south and will require extension through the adjoining properties. The developer should be required to pay for all costs for the sewer extension. Storm water run-off is proposed to sheet drain across the parking lot into catch basins which are connected to an existing storm sewer system within the Preserve Village Center. Lighting A lighting plan has been submitted that includes two lighting standards of 18 feet in height. Though the glare is contained within the limits of the property, residents will see a lighted area at night. Since the size of the proposed parking area is small, and there is overflow light from the adjoining parking lot, the lighting standards should be reduced further in height and also be downcast cut-off luminars. The proponents should study the possibility of using bollard lighting on this property. Conclusions Relative to the Comprehensive Guide Plan Change, the Staff Report raises the following issues: 1. Has a Comprehensive Guide Plan Change been adequately substantiated by the proponent? 2. Is the site plan acceptable as proposed? 3. What is the highest and best final use of the property? The proponent states that a Guide Plan Change has been substantiated since the land uses proposed are consistent with community commercial zoning and the adjoining property and that site plan transitions well to the adjoining neighborhood through a building design that is residential in character and landscaping which downplays the massiveness of the building. Commission must decide if community cormiercial land uses are appropriate on this site and does the proposed use transition work. The site plan, as proposed, may benefit from smaller lighting standards to reduce glare, and additional and different types of landscaping to augment the proposed plantings to downplay the massiveness of the building and to provide for a more visually pleasing landscape buffer during the active seasons for the adjoining residential properties. Commission must decide if the site plan, as proposed, provides enough mitigating measures to offset the inpacts on the adjoining single family area. The highest and best use of the property depends upon how well the plan mitigates the impacts on the adjoining neighborhoods and whether or not the uses proposed can be considered appropriate and an extension of the existing community comnercial land uses to the north of the site. The use of this property will surely impact the development of the remaining five acres to the south. The project contributes traffic to the Anderson Lakes Parkway/County Road #18 intersection which is already at level of Service F. Though building architecture appears commercial, landscaping helps soften the massive appearance. Suburban National Bank 5 Noverrber 21, 1986 STAFF RECOMENDATIONS If the Planning Comnission feels that the request for Conprehensive Guide Plan Change has been substantiated, then approval should be based upon the site plan, as proposed, and reconmendations in the Staff Report, for landscape plan and lighting. There may be other ways of making the site more transitional. Approval, then, would be based upon the following: 1. Prior to City Council review, the proponent shall: A. Modify the landscape plan to provide additional large coniferous plantings along the west property line and introduce flowering shrubs and flowers. Along the south property line add additional large overstory shade trees. B. Revise the overall lighting plan to minimize the height of the lighting standards. Consideration should be given to the use of bollard lighting. C. Revise building plans to show more residential character especially towards the single family side. D. Modify the entrance to the shopping center by removing twelve parking spaces in order to create a better protected lane. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Submit plans for review by the Fire Marshal. If the Planning Comnission feels that the Comprehesive Guide Plan Change has not been adequately substantiated and the impacts on-site, the surrounding land uses, roadways, and the Guide Plan balance are significant, Commission may choose to recommend denial of the request as submitted. If the Planning Commission feels that there may be additional ways in which the site plan can be made to be more appropriate and further mitigate the impacts on the adjoining residential land use, then the Planning Commission may choose to recommend that the plans be returned to the proponent for revisions. tioN 74*9 ear goad n-1.0 (612). 941 -.Ng5 SANDS CONSULTING •• November 10;1986 Mayor Petersen and City Council 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mayor and City Council: As residents of the Preserve, we are writing to express OPPOSITION TO THE REQUEST FOR ZONING CHANGE to office on 1.09 acres and from rural to office on 1.09 acres. We are opposed to the request for building the Suburban National Bank/Preserve Medical Building at this location and would refer the developer to available land in the Eden Prairie Center area. We feel that Gointy Road 18 traffic does not need any additional encumbrances. We also feel that changing zoning status is a dangerous precedent to start. What would prevent further changes In other areas for other self serving interest .groups? We request that this letter be made part of the file regarding this proposal and also request that this letter be made part of the public record prior to the public hearing on November 24, 1986. Thank you for your attention in this matter. Sincerely, David and Diane ••AirrAltr l • DDG:I3TB November 19, 1986 TO: The Planning Commission and City Council of EdeW.Prairie ,RE: This letter is in reference to the proposed office building which Would .house the Suburban National Bank on .County Rd. 18 south of Anderson Lakes Pkwy. As we have met with the architects of this project many times, and as the neighborhood has discussed the why's and wherefore's over and over again, we find ourselves reservedly in favor of an office building as it has been presented to us. However, there are a number of things we are very concerned about and feel that if these are not properly dealt with, we would not be in favor of this proposal. Most of these items have been discussed with the architects sometime at the various meetings. We ask you, also, to address • these Issues as you consider this project. 1. Whether there is adequate space for the project is still questionable. The fact that they are having to borrow parking space from the adjacent mall would bear that out. 2. With that in mind, we are concerned about the building's being a two-story building. We would like to recommend a one-story building instead. Let me draw your attention to another office zone adjacent to a residential area at the intersection of County Rd. 4 and Hwy. 5. Though that is a much busier intersection than the one under consideration, and there is much more land area there, the offices are still one-story buildings. How could this smaller area be adequate for a two-story building if the other was not? In spite of the efforts in screening, it still sets a precedence for future buildings to the south, as well. 3. The building is planned to be 30 feet inside the property line. That gives them a "back yard" of less than half of what a single family residence has on a 150-feet deep lot (if the house is set back 30 feet in front). This means that we would be looking at a two-story structure that is twice the size of the homes in our neighborhood with less than half the usual space separating us. (The building was set back on the lot in order to get the drive-up in the front of the building. We had drawn their attention to the fumes from the cars sitting along our property line and had requested they move the drive-up window to the front of the building.) 4. Screening: At our last meeting with the architects, they agreed to elimin- ate windows on thewest side of the building (the side of the residences). That is good. However, we also expressed that we do not want to look at an expanse of blank wall, either. They suggested that landscaping would take care of that, but we believe it should be taken care of in the structure Itself. Perhaps a curving or staggered brick wall would add some beauty and Interest. 5. Berming: We are concerned that the south boundary line be treated in equal manner as the west. They have shown us a three-feet berm with a three- feet fence on top, neither of which would keep people from climbing over it and cutting through our property. We feel their treatment of that boundary is still inadequate. To: the planning CoMmistIon and tity tounCil:Of "Eden Prairie' " • 6. No Mention has been Made to us:abeitit mechanical equipment, such as air .conditioning and "heating units etc -We do not With to look out of our windows across to this equipment on the roof of. their building. We are equally concerned about thenoise.lif thitequipMent, especially In the summer when the windows are open.' _ Parking: The last plan we saw showed the parking very close to the residences : We ask YoU -/O:cOnsider the noise lector as it relates to traffic ; tar doors 'slamming shut every halfhour ., •car engines, .thd tnew plowing: Along thit line, we would like to suggest parking " underneath the building. (Plowing •at Jerry's mall takes place'at 11:00pm tomidnight„1 " We are concerned that we neither see, smell, or hear garbage and garbage pick-up. "Currently, Jerry's mall pick-up is at 500 a.m. with dumpsters banging as they are dropped. This is not acceptable to us. "Lighting: We've asked the architects to make the parking lot lighting low. The current ones en Jerry's mall shine right into the bedrooms along :that tide. " 10 :Property Values: Our neighbors had an appraisal done on their house with the intention of selling, and it came in at a $10,000 less. Our other neighbors were not able to sell theirs at all, though it was on the " market all spring and into the fall. Jerry's mall has already caused the value of our properties to go down". Anything else that goes in next to us will further affect it. Considering our life savings are at stake here, please consider very carefully what you allow to gain before : you do it. As you consider the best use of this parcel of land: adjacent to. our property, we ask that you 1) do not change the guiding and zoning of the:entire area at once, and 21 that youOefinitely do "not consider multiple housing beyond duplexes. We would much rather have small offices there with regular office hours than other peoples' laundry, music, and:partiesat:all hours and on weekends. As you Consider this proposed bank and office project, I ask you to address" carefully the issues which have been itemized here. Thank:you for your time and attention. Sincerely Ctie-t4/Z Cheryl Sabathne UNAPPROVED MINUTES OF NOVEMBER 24, 1986 PLANNING COMMISSION MEETING III. DEVELOPMENT PROPOSALS A. SUBURBAN NATIONAL BANK/PRESERVE MEDICAL BUILDING, by Supplee's 7-H Enterprises, Inc. Request for Comprehensive Guide Plan Change fro Low Density Residential to Office on 1.09 acres, Zoning Distric Change from Rural to Office on 1.09 acres with variances to b reviewed by the Board of Appeals and Preliminary Plat of 1.09 acre Into one lot for the construction of a two-story office building Location: South of Anderson Lakes Parkway, west of County Road #18 A continued public hearing. Mr. Ron Erickson, representing proponent, reviewed the proposed developmen with the Commission. He stated that he did not believe the property shout , be developed as Low Density Residential, which was the designated land us( according to the Comprehensive Guide Plan. He stated that the reasons fcr this included that there were better sites for Low Density Residentia development within the community, the property was located adjacent t( County Road #18 and would be subject to traffic noise, and that the cost o . the land was high, prohibiting purchase of the property for Low Densit: Residential purposes. Mr. Erickson stated that this building was proposed for office use and tha the use would be a "quiet neighbor" in the evening and on weekends. H( added that this would not necessarily be true for a commercial use, or for , multiple family use. In meetings with neighbors, Mr. Erickson stated that three concern! surfaced, including concern about automobile circulation so close to homes for screening of the structure from the existing single family residents and privacy with respect to the sight lines into their homes from th( proposed structure. He stated that, due to these concerns, severe' modifications were made to the plans. Circulation of automobiles was no proposed only on the east side of the structure, oriented toward County Roe( #18. The structure was screened by berming and plantings, with the benr actually built against the lower portion of the west wall of the property. In addition, there were no windows shown on the west wall, and the buildinc had been redesigned to support a single-loaded corridor of offices, thereb3 eliminating the need for any windows on the west wall. Mr. Erickson stated that he did not feel it was appropriate to design th( building with "residential character," considering the building was frontinc along County Road #18 and considering the type of exterior materials used. including brick. He stated that there was extensive landscaping propose( along the back (west side) of the structure, including evergreen trees 14-1( feet in height. Six-foot high arborvitae plantings were also proposed. along with relocation of some of the trees on the property. Mr. Ericksor stated that there would be a continuation of the fence which existed betweer the commercial use to the north and the residential area west of it. H( stated that this fence would be high enough to screen automobiles fron County Road #18. A traffic study had been prepared by the proponent, dealing with access anc traffic circulation on, and around, the site. The entrance from County Roac #18 had been designated as a "right-in, only entrance. Mr. Erickson state° that the proponents were working with the owner of the shopping center tc the north to see whether the two sites could be connected by driveway access. He pointed out that it would be necessary to redesign the circulation of traffic in the shopping center to accomplish this connection. Planner Franzen reviewed the findings and recommendations of the Staff Report of November 21, 1986, with the Commission. He stated that the major issue in this proposal was that of the proposed Comprehensive Guide Plan Amendment from Low Density Residential to Office land use. Planner Franzen stated that the amendment of the Comprehensive Plan would have an impact on the five acres of land to the south of the proposed development, pointing out that there was only a ten-foot wide transition proposed between the proposed Office land use and the designated Low Density Residential land use to the south. With respect to the structure, itself, Planner Franzen stated that it was Staff's opinion that the structure should be more residential in character on the west side, abutting the existing residential neighborhood. He noted that Staff was concerned with the massiveness of the structure, the height, and the size as it related to the existing residential neighborhood. He added that it was Staff's opinion that the landscaping proposed was not adequate to make up for the lack of residential character to the structure. Staff was recommending more coniferous plantings of the same height and size as shown in order to provide for better screening, as the amount of space between the proposed trees in this location was too great to screen effectively. It was also Staff's opinion that the proponent needed to be sensitive to the residential area to the west by providing some interest to the landscaping, perhaps by color. Perennials and annuals were suggested. The Staff Report indicated that the lighting proposed for the property may still be visible from the single family residential area to the west. Staff recommended use of bollard type lighting, instead of 20-ft. high down-cast luminars. Planner Franzen noted that the Staff was awaiting confirmation from Hennepin County regarding access to the property and from the owner of the shopping mall to the south of the property regarding circulation proposed. Gartner asked if County Road #18 was divided in this location. Planner Enger responded that it was not. Gartner asked if it would be divided in the future. Planner Enger responded that the existing road bed of County Road #18 would become the service road for County Road #18, which would actually be built to the east of the existing road. He noted that the proponents were anticipating a full access to this "service road" in the future. Gartner stated that she was concerned about traffic and circulation of the traffic in this location. She stated that she did not feel that allowing additional traffic to circulate through the retail shopping center to the north would create a good situation. Hallett asked if the five acres of land designated for Low Density Residential land use south of the property was adjacent to the lots along Garrison Way, to the west. Planner Franzen stated that that was the case. Hallett stated that he felt that it was valid to believe that the five acres to the south would be under pressure to develop as a use other than Low Density Residential, if this development were approved as proposed. It would be setting a precedent for other properties adjacent to County Road #18, which was not necessarily desirable, nor appropriate. Planner Enger pointed out that there was no transition planned between the proposed use and the five acres to the south. He noted that proponents were providing for the standard requirement for a ten-foot wide side yard setback at this location, only. Planner Enger stated that it was reasonable to expect that the five acres south of this property would be under pressure for development as uses other than Low Density Residential, if the proposed development were to be approved. Hallett asked if the residents along Garrison Way had been contacted about the proposed development. Mr. Erickson responded that they had been for a general meeting of the neighborhood, which was held on October 9, 1986. He pointed out that the majority of the meetings held with residents by the proponent were held with the residents living on Clark Circle, directly abutting the proposed development. Staff confirmed that these same residents were contacted about the City meetings, as well. Mr. Erickson stated that he felt the message from the neighborhood was they did not want any commercial uses located on this property, nor on the five acres south of the property. Bye asked about servicing of the site for trash removal. Mr. Erickson responded that the trash would be removed through the doorways to the structure, likely in small quantities during evening hours. Bye stated that a portion of the structure had been designated for use by medical facilities and that there was a large amount of paper associated with such uses. She questioned whether the method proposed would be sufficient for trash removal for such a use. Mr. Erickson stated that the proponent had made a commitment that there would not be any outside dumpsters on the property. Bye asked if the medical facility would be operating on Saturdays. Mr. Erickson stated that the medical facility would be open on Saturday, as would the bank drive-through facility. Bye pointed out that Saturday was also a prime time for shoppers at the supermarket in the commercial center directly north of the property, with which the proposed use was planning to share parking and driveways for traffic circulation. Bye also expressed concern that the proposed development would provide for a new opportunity for automobiles to bypass the Anderson Lakes Parkway/County Road #18 intersection and stop light by allowing for automobiles to cut through the parking lot in order to access County Road #18, or Anderson Lakes Parkway. Anderson stated that he was concerned about traffic circulation. He stated that he did not feel the patterns for traffic at the point of the County Road #18 access, the connection to the shopping center driveway, and the driveway for the proposed development, where all three converged, was a safe situation. Mr. Erickson stated that there could be a stop sign installed at that location. Anderson stated that he did not feel that would be adequate solution to the traffic problems that this intersection would create. Mr. Erickson stated that traffic from the bank would be approximately one car per minute, which would provide for even flow of traffic from that use. Anderson stated that he felt there would be traffic conflicts created by drivers of automobiles who had been through the bank facility wanting to cross through to the supermarket. He stated that he felt there would also be conflict created by drivers from both facilities wanting to access County Road #18 southbound at this location. Gartner asked if all northbound traffic from the proposed bank facility would be required to cross through the supermarket parking area in order to access Anderson Lakes Parkway, then turn north onto County Road #18. Mr. Erickson verified that this would be the case. Ruebling asked how many employees would be working in the proposed structure. Mr. Erickson stated that he did not know how many workers there would be. Ruebling asked if there would be an area designated for employee parking. Mr. Erickson stated that there was, and indicated the location of the area on the plans. Ruebling added that he was concerned about pedestrian crossing of the area, also. Gartner asked about the parking proposed in the shopping center parking lot, which was to be designated for use by the bank/medical facility. Planner Enger pointed out that the majority of the parking spaces for the use were located in the shopping center parking lot. He stated that one of the recommendations of the Staff Report was that the parking abutting the drive- through be eliminated as it was clear that circulation would be congested in that area, and additional stacking of vehicles in this area would be unavailable, if the parking abutting the drive-through was allowed as shown. Mr. Erickson explained that the proponents had not requested replatting of the property in order to include the area for parking for the bank/medical building within the shopping center parking lot due to ownership considerations. Therefore, proponents were requesting a variance •to accommodate this need. Anderson asked how large a building could be allowed on this property under the Office Zoning District and still allow for meeting City Code requirements. He questioned, in particular, whether a structure of this size would be allowed on the property considering that the parking requirements could not be met without using the shopping center parking lot for a large portion of the required parking for the site. Planner Enger responded that the proponents did show a 30% floor area ratio for the property. He stated that one of the problems with the design of this property as an Office use was that a drive-through facility occupied a large portion of the site. Also, he noted that the site was inefficient for Office use due to its size. Planner Enger stated that, without the parking provided from the shopping center parking lot, the structure likely would be half its proposed size, or approximately 6,500 sq. ft. Bye asked if it would be necessary to provide for an "internal service road" between this site and the five acres to the south, as was done with the Allstate property, or the Hardies/Kentucky Fried Chi c k e n / P i z z a H u t properties. Planner Enger responded that Hennepin County ha d r e q u e s t e d t h a t the five acres to the south of the property be accessed v i a t h e d r i v e w a y access they were granting off County Road #18 for this s i t e , r a t h e r t h a n allow for another driveway access off County Road #18. Mr. E r i c k s o n s t a t e d that the Hennepin County Transportation Department had indic a t e d t o h i m t h a t they would be reviewing another access for the property to t h e s o u t h . Chairman Schuck asked if there was any opportunity for th e f i v e a c r e s o f property to the south to be included within the developm e n t o f t h e s u b j e c t property. Mr. Erickson stated that there was not. He s t a t e d t h a t h i s client did not need any more property, and, therefore, did n o t w a n t a n y m o r e property for this use. He added that it was his opinio n t h a t i n c r e a s e d setback area to the property to the south would only pro v i d e f o r l e s s l o t area on the property, but that it would not impact the siz e o f t h e s t r u c t u r e proposed for the development. Mr. Charles Sabathne, 9652 Clark Circle, stated that h e b e l i e v e d t h e neighorhood would prefer to see several $200,000 homes on t h i s p r o p e r t y , b u t that this was not the proposal. He stated that he felt t h e p r o p o n e n t h a d tried to work with the residents, noting that his biggest c o n c e r n w a s w h a t would happen to the property values of their lots, if this w a s a p p r o v e d . H e questioned what other options for development of the p r o p e r t y m i g h t b e available and the impact any of those options might have on t h e v a l u e o f t h e residential properties. Mr. Sabathne stated that he felt a m u l t i p l e f a m i l y residential use of the property would be less desirable th a n c o m m e r c i a l , o r office, use of the property. Mr. Sabathne stated that he was concerned, also, about l i g h t i n g f r o m t h e proposed development shining onto his lot. He expressed c o n c e r n t h a t a n amendment of the Comprehensive Guide Plan designation for t h e f i v e a c r e s o f property to the south of this site not be considered a t t h i s t i m e . H e stated that he viewed the proposed development as positive f o r t h e e x i s t i n g residential neighborhood as it provided opportunity to t h e n e i g h b o r s f o r berming and landscaping that might not be available with oth e r t y p e s o f l a n d use developments. Mr. Kuo Chang, 9662 Clark Circle, stated that he was encour a g e d t o s e e t h a t the Staff had considered the issues that were of concern to t h e n e i g h b o r h o o d in the Staff Report on the proposed development. He poin t e d o u t t h a t h e would be directly facing the 190 ft. long wall of the str u c t u r e a n d s t a t e d that the foilage of the trees which was proposed for s c r e e n i n g p u r p o s e s would be gone for half of the year. Mr. Chang stated that he c o u l d currently see for miles from his home, but that the int r o d u c t i o n o f t h i s structure to the neighborhood would block his view comp l e t e l y . H e s t a t e d that his other concerns included lighting, the number of c a r s a n d t h e a m o u n t of noise the cars would introduce into the neighborhood , a n d s o l i d w a s t e disposal from the site, particularly from the medical facil i t y p r o p o s e d . Mr. Dave Oliver, 9661 Clark Circle expressed concern ab o u t t h e i m p a c t o f this development upon the future land uses of the five ac r e s o f l a n d s o u t h of the property. He indicated concern that the develop m e n t o f t h e f i v e acres to the south would be unduly influenced by this devel o p m e n t , i f i t w a s approved, stating that there were no guarantees that the future development of the five acres to the south would be designed taking the existing residential neighborhood into consideration. Mr. Oliver stated that he did not feel this development should be allowed to set a precedent for the land uses to the south. He added that it was his opinion that the neighborhood would prefer a one-story building, instead of the two-story structure proposed. Mr. Norm Ziesman, 9425 Garrison Way, stated that, as a group, the neighborhood appeared to be against this development, initially. He stated that he concurred with Mr. Oliver regarding the concern for setting precedent for the future land use of the property to the south, which was also guided for Low Density Residential use. Mr. Ziesman stated that he would hope that the future developer of the five acres of property to the south would approach the neighborhood with the same spirit of cooperation that this developer had offered. Mr. Ziesman expressed concern about pedestrian access from the Garrison Way neighborhood. He stated that he would prefer the access be eliminated entirely in order to prevent people from crossing through his neighborhood to the office use. Mr. Ziesman added that he shared the concerns of his neighbors regarding lighting. With respect to the drive lanes for the bank, Mr. Ziesman asked if there were to be two lanes, or three. Mr. Erickson stated that there were to be three. Mr. Ziesman stated that the plans shown to the residents had indicated only two. Mr. Erickson stated that this was a requirement of the bank that a third lane be added. Mr. Erickson stated that, with respect to the concerns about lighting from the property impacting the adjacent neighborhood, the proponents would work with Staff toward preventing the light from impacting the adjacent neighborhood. Regarding the size of the building, Mr. Erickson stated that this was a difficult site. He stated that, as the architects for the proponent, they had tried to solve the problem of the size of the site from the beginning. Mr. Erickson stated that if this development did not receive approval, the problem of size for the site would remain, regardless of the use proposed. He pointed out that the proponents would be widening County Road #18 in this location to provide for the right-turn lane for the right-in access from County Road #18. He stated that the landscaping for the back of the building would cost approximately $20,000, which did not include any of the required landscaping on the east side of the structure. Mr. Erickson stated that if the building was cut back in size, it would not be economically feasible to build the project due to the costs involved. He stated that they were trying to find a compromise between the bank and the neighborhood. Chairman Schuck stated that he did not believe that the Planning Commission would automatically recommend approval of any land use for the five acres south of the property proposed for development. Other Commissioners concurred. He complimented the neighbors and the representatives of the proponent for trying to mitigate the matters of concern. Hallett asked where the closest two-story building was from this property. Planner Enger responded that it would be north, around the 1-494 interchange with County Road #18, approximately 1.5 miles away. Hallett stated that he concurred with Chairman Schuck regarding the compliment to the neighborhood and proponents working together. However, he stated that he felt the proponents had designed the site with too much intensity. He stated that he felt it was clear that the traffic, screening, and structure problems resulted from too much building be placed on too little property. Hallett suggested that reducing the building to one story, instead of two, might provide a reasonable alternative. Ruebling stated that he agreed with Hallett regarding the intensity of the site development as proposed. He stated that he felt the site was too small for the building and that traffic patterns required substantial improvement based on the proposed site plan. Ruebling stated that he was not comfortable that the internal matters had been settled, either, referring to the trash removal from the site. Anderson stated that he agreed with the concerns of Hallett and Ruebling. He stated that he was most concerned about the traffic circulation for the property and that he did not feel that the circulation, as proposed, was appropriate. Anderson stated that the City and the neighborhood should not be concerned that this is the "last chance" for this property to be developed, and that, eventually, a different use could work on this property. Anderson also expressed concern about the potential for setting precedent for development of the five acres to the south as something other than Low Density Residential. Gartner stated that she concurred with Anderson regarding the traffic and circulation concerns. She stated that she felt a bank and medical facility could work well in conjunction with a shopping center, like the property to the north; however, she added that she did not feel it worked here in the manner proposed. Mr. Erickson stated that the proponents could not do anything else. He stated that the cost of the landscaping for the west side of the building and the cost of construction of the right-turn lane for County Road #18 would be raising the cost of the structure. He added that he felt the only alternative would be some sort of multiple family development for the property. Gartner stated that it may be necessary that this property remain vacant until County Road #18 was built in this area and the existing County Road #18 became a service road past this property. Bye stated that she was not convinced that the use proposed was appropriate for the site. She stated that she was concerned about the access to County Road #18 and the potential for setting a precedent for the type of land use that would be developed on the five acres of property to the south. She added that, as a minimum, she felt the transition to the south from this property needed to be strengthened. Bye added that she shared concerns of the other Commissioners regarding traffic circulation for this property and the shopping center. She stated that an Office use may be appropriate for this property, but that she did not feel the office building shown was the correct design. Hallett asked if the proponent would be amenable to purchasing more land to the south, or if he would consider reducing the size of the building. Mr. Erickson stated that the proponent would not return with a proposal for a smaller building. He added that he would prefer to go forward to the Council with a recommendation for denial, instead of asking for a continuance at the Planning Commission meeting for amendments to the plan that his client would not be making. MOTION 1: Motion was made by Gartner, seconded by Hallett, to close the public hearing. MOTION 2: Move to recommend to the City Council denial of the request of Supplee's 7- Hi Enterprises, Inc., for Comprehensive Guide Plan Change from Low Density Residential to Office for the Suburban National Bank/Preserve Medical Building, based on revised plans dated November 20, 1986, the Staff Report dated November 21, 1986, and the following findings: 1. The use of the property is too intense, resulting in impact upon the adjacent existing residential neighborhood and shopping center. 2. The traffic circulation for the property is inappropriate and provides a negative impact, in particular, at the conjunction of the shopping center driveway, the proposed office building driveway, and the right-in/right-out access to County Road #18. 3. Transition from the proposed use to the property to the south, which is guided for Low Density Residential development, is non-existent. 4. There is potential for setting a precedent for development of the property to the south as a use other than Low Density Residential, as designated on the Comprehensive Guide Plan. Motion carried--6-0-0 Hallett stated that he did not feel compelled to recommend approval of the proposed Comprehensive Guide Plan amendment based upon the information provided by proponent. He stated that, eventually, the property would develop with an appropriate use. Other Commissioners concurred. MOTION 3: Motion was made by Gartner, seconded by Hallett, to recommend to the City Council denial of the request of Supplee's 7-Hi Enterprises, Inc., for Zoning District change from Rural to Office on 1.09 acres, with variances to be reviewed by the Board of Appeals, and denial of the request for Preliminary Plat of 1.09 acres into one lot for construction of a two-story office building, to be known as the Suburban National Bank/Preserve Medical Building, based on revised plans dated November 20, 1986, on the Staff Report dated November 21, 1986, and on the following findings: . 2 . The use of the property is too intense, resulting in impact upon adjacent existing residential neighborhood and shopping center. The traffic circulation for the _property it inappropriate •provides a negative impact, in particular, atthe conjunction of shopping center driveway, the proposed:office-building driveway. the right-in/right-out access to Cotnty Read 418. Transition from the reposed use to the:property to the south., which it :guided for Low Density Residential-deVelopment, is non-existent. There is potential for setting , ivrecedent for development.tf the property to the south as a use other than Low Density Residential, as designated on the Comprehensive Guide Plan.- Motion carried--6-0-0 L) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-304 A RESOLUTION APPROVING THE EDEN POINTE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL WILSON RIDGE PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Eden Pointe development is considered a proper amendment to the overall Wilson Ridge Planned Unit Development Concept; and, WHEREAS, the City Planning Comuission did conduct a public hearing on the request of Welsh Cowponies, Inc., for PUD Concept Amendment approval to the overall Wilson Ridge Planned Unit Development Concept for the Eden Pointe development and recommended approval of the PUD Concept Amendment to the City. Council; and, WHEREAS, the City Council did consider the request on December 16, 1986; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Eden Pointe development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUO Concept Amendment approval to the overall Wilson Ridge Planned Unit Development Concept as outlined in the application materials for Eden Pointe. 3. That the PUD Concept Amendment meets the recomendations of the Planning Commission dated November 24, 1986. ADOPTED by the City Council of Eden Prairie this 16th day of Noventer, Gary D. Peterson, Mayor 1986. ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-320 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN POINTE FOR WELSH COMPANIES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden Pointe for Welsh Compahles, dated Novem b e r 2 0 , 1986, consisting of2.84 acres for a 32,700 0.1t.:office/wardhouse, a C o p y o f which is On file at City Hall, it found to be in conformance with the pr o v i s i o n s •of the Eden Prairie Zoning and Platting ordinances', and aMehdOents thereto , a n d i s herein approved. ADOPTED1Ohe Eden Prairie City Council on the 16th lay Of December, 1986 . Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 3/704 STAFF REPORT TO: FROM: UGH: DATE: PROJECT: LOCATION: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning Noventer 21, 1986 Eden Pointe Office/Warehouse Building West of Flying Cloud Drive, east of Highway #169, north of Valley View Road APPLICANT/ FEE OWNER: Welsh Companies, Inc. REQUEST: 1. Planned Unit Development Concept Amendment on 60.86 acres. 2. Planned Unit Development District Review on 60.85 acres, with variances. 3. Zoning District Change from Rural to 1-2 Park on 2.84 acres. 4. Preliminary Plat of 2.84 acres into one lot. Background This site is currently guided for Office/Industrial uses. This site is part of the 60.86-acre Wilson Ridge PUD approved by the City Council in 1984. This specific site is part of a larger area which was planned for four buildings totalling 147,686 square feet. This area was subsequently amended to accomodate 0 the Computer Depot building, which •-C is 76,797 square feet. The re- maining 2.84-acre parel is proposed to be developed for office/warehouse totalling 32,700 square Site Plan The site plan depicts the con- _ struction of a one-story, 32,700 square foot office/warehouse building. The building is proposed .t03-84 ,4 Il\f,-242133K, AREA LOCATION MAP purposes feet. Eden Pointe Office/Warehouse 2 November 21, 1986 at 57% office, which will require a variance to allow more than 50% office in an Industrial district. A variance from 50 feet to 35 feet will also be necessary for a front yard setback off Flying Cloud Drive. Parking meets the minimum setbacks for 1-2 Park zoning. Total parking required for a building of this size would be 116; 122 parking spaces have been provided. The variances for percentage of office and front yard setbacks can be granted under the PUD District review. Grading This site is relatively level and has been previously graded based upon an approved grading plan for the overall Wilson Ridge Planned Unit Development. There will be some modification of the existing grades in the northwest corner of the site in order to provide enough level area for parking. Architecture The proposed one-story building will be constructed out of glass, face brick, and rock face block. The rock face block will be confined to the lower portions of the loading areas on the south side of the building. Brick and glass will wrap around the northwest and east sides of the building and there will be a brick band running across the entire top portion of the loading side of the project. Rooftop mechanical equipment is proposed to be screened with a metal panel. Landscaping/Loading Area Screening The City's Landscape Ordinance has a caliper inch requirement based on the size of the building and a screening requirement for loading areas and parking. Parking areas will be screened from Flying Cloud Drive by plantings and the building. Parking will be visible from Highway #169. Due to steep slopes along U.S. #169 and the retaining walls, it will not be possible to construct a berm high enough to effectively screen the parking. Therefore, screening will rely solely on plant materials. The view of the parking lot from the highway would be similar to the view of the parking areas in Primetech (further north and west along U.S. #169); therefore, it is important to add coniferous trees and shade trees along the U.S. #169 frontage and the north property to break up views of the parking lot. Loading facilities are proposed to be screened through the use of plantings and a fence. The plantings along Highway #169 and the fence along the south property line effectively screen the loading areas from Highway #169 and from Computer Depot. Upper floors of the Wilson Learning towers will have views into the loading facilities. This will be downplayed somewhat by the use of tall shade trees. It may be better from a durability standpoint to have a masonry wall construction instead of the fence. This will also tie in better visually with the loading area if rock face block is used. The wall is essentially to screen the loading facilities and must be implemented with the landscape in order to be an effective screen. The fence on Bryant Lake Center has not been installed yet and the loading areas are highly visible. Utilities Sewer and water is available in Flying Cloud Drive. Storm water run-off is proposed to sheet drain through the parking lot into catch basins which will connect via underground storm sewer pipe to storm water facilities in Flying Cloud Drive. Traffic The previous Planned Unit Development (PUD) approved in 1984 depicted 147,686 square feet for this site and the site which is currently occupied by Computer Depot. It was proposed at 50% office and 50% warehouse. The total p.m. peak hour trip generation was 155 trips. The current proposal for this site including the Computer Depot site would be 109,497 square feet. The total trip generation would be 97 trips, or 63% less than the p.m. peak hour on the original PhD. STAFF RECCMMENDATIONS The Planning Staff vould recommend approval of the request for Planned Unit Development Concept Review, Planned Unit Development District Review, Zoning District Change to 1-2 Park, and Preliminary Plat based on plans dated November 20, 1986, subject to the recommendations of the Staff Report, dated November 21, 1986, and subject to the following recommendations: 1. Prior to Council review, proponent shall: A. Modify the landscape plan to provide additional coniferous and shade tree plantings along Highway #169 and the north property line to break up views of the parking lot. B. Substitute masonry wall construction for the fence along the south property line. 2. Prior to Final plat, proponent shall: A. Provide detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit storm water run-off, erosion control, and utility plans for review by the City Engineer. 3. Prior to Building permit issuance, Proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Submit samples of exterior building materials for review. D. Submit an overall lighting plan with details for review. E. Submit an overall signage plan with details for review. F. Submit detailed plans for review by the Fire Marshal. TO: MAYOR & COUNCIL FROM: JOHN•FPANE DATE: DECEMBER 12, 1986 RE RESOLUTIOW.86-315 Adoption of an amended Housing for Prairie Village Apartments • The amended plan shows the new bond amount of $5,750,000. Jr) addition changes have been Made to reflect changes in federal tax laws. The laws are more restriction in the areas of income of the tenants- and 4iercentage of units which must be reserved for low income_.0ersons. RESOLUTION NO. Councilmember introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS OR NOTES PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, FOR THE PURPOSE OF FINANCING A MULTIFAMILY HOUSING DEVELOPMENT; ADOPTING AN AMENDED MULTIFAMILY HOUSING PROGRAM; AUTHORIZING SUBMISSION OF THE HOUSING PROGRAM TO THE MINNESOTA HOUSING FINANCE AGENCY FOR REVIEW AND APPROVAL. BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: Section I. Recitals 1.01. On October 1, 1985, the City adopted Resolutions 85- 224 and 85-225 (the Resolutions), pursuant to which, among other things, it (i) adopted multifamily housing programs for Prairie Village Apartments, Phases I and II (the Programs), after holding a duly notice public hearing thereon; (ii) authorized transmission of said housing programs to the Minnesota Housing Finance Agency; and (iii) preliminarily approved two bond issues for Prairie Village Apartments, Phases I and II (herein collectively referred to as the "Projects" or the "Project"), each in the amount of Two Million Two Hundred Twenty-six Thousand Dollars ($2,226,000). 1.02. The Programs were submitted by the City to the Minnesota Housing Finance Acency for review and approval, and on December 19, 1985, the Board of the Minnesota Housing Finance Agency adopted Resolution No. MHFA 85-71, in which it was stated that the Minnesota Housing Finance Agency had failed to reject the Programs, resulting in approval of said Programs, pursuant to Minnesota Statutes, Section 462C.04, subd. 2. 1.03. The Resolutions provided that all commitments of the City stated in :hose Resolutions were subject to the condition that ny October 1, 1986, the City and Mandara Company, a Minnesota corporation, or a limited partnership of which it will be the general partner (Mandara) must have agreed to mutually acceptable terms and conditions of the Loan Agreement pursuant to which Mandara was to agree to pay to the City principal, premium, if any, and interest on the bonds or notes pursuant to which the Projects were to be financed, and of the other instruments and proceedings relating to said bonds or notes and their issuance and sale. 1.04. No such agreement was reacned among the City and Manoara, and no extension of the October 1, 1986, date was approved by the City. It is, therefore, necessary for the City to approve the proposed bonds and notes to finance the Projects and to approve a revised housing program (the Amended Program) relating to the financing of the Project, after a duly noticed public hearing relating to the adoption of said Amended Program. 1.05. At the time of adoption of the Resolutions, Mandara contemplated the Project would be developed in two phases, one phase of market rate rental housing, and one phase of housing for elderly persons. The development of the Project in two phases as provided above depended upon whether Manaara could obtain approval from the Minnesota Housing Finance Agency (MHFA) to include one of the two phases of the Project in a MHFA Bond issue. Mandara has not obtained such approval from the MHFA, and now intends to finance Phases I and II of the Project with only one issue of bonds or notes. Prairie Village Limited Partnership, a Minnesota limited partnership (the Developer), whose general partner is Mandara, intends to develop the Project. 1.06. Under Minnesota Statutes, Chapter 462C, as amended (the Act), the City is authorized to issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries. 1.07. Representatives of the Developer have advised this Council that the Developer proposes to construct a multifamily residential housing development on approximately eight and one- quarter acres of land owned by the Developer, located just east of the northeast corner of the intersection of Highway 5 and County Road 4 in the City, composed of 112 apartment units and other functionally related and subordinate facilities and to operate the facilities as a multifamily housing development under the Act, to be known as Prairie Village Apartments. Either (i) at least twenty percent (20%) of the units will be specifically reserved for tenants whose incomes are no greater than fifty percent (50%) of the area median income; or (ii) at least forty percent (40%) of the units will be specifically reserved for tenants whose incomes are no greater than sixty percent (60;-.) of the area median income. Determinations as to whetner a unit meets the requirements of (i) or (ii), above, will include adjustments for family size. Development and financing costs of the Protect are presently estimated by representatives of the Developer to be approximately Seven Million Two Hundred Thousand Dollars ($7,200,000). 1.03. Representatives of the Developer have requested that the City issue its revenue bonds or other obligations in the approximate aggregate face amount of Five Million Seven Hundr e d Fifty Thousand Dollars ($5,750,000) (the Bonds or Notes), pursuant to the Act, and make a loan of the proceeds of the sale of the Bonds or Notes to the Developer for the acquisiti o n or Lana rot and the constrsct on anc equipping of the Pro:ect, 2. subject to agreement by the Developer, or other pers o n s o r institutions, to promptly pay the principal of, prem i u m , i f any, and interest on the Bond or Notes. 1.09. The City has been advised by representatives of t h e Developer that conventional commercial financing of t h e c o s t s of the Project is available only on a limited basis a n d a t s u c h high costs of borrowing that tne economic feasibilit y o f t h e Project would be sianificantly affectec, out that wi t h t h e a i d of municipal financing the Project will be more econo m i c a l l y feasible. 1.10. This Council has been advised bv representati v e s o f The Chicago Corporation, rebresentihc the Developer, t h a t o n the basis of information available to them, the Proje c t i s economically feasible, and the Bonds or Notes could b e successfully issued and sold. 1.11. Neither the foil faith and credit nor the tax i n g powers of the City nor any property of the City wil l b e p l e d g e d to the payment of the Bonds or Notes. The Bonds or N o t e s a r e to be paid from the revenues of the Project. 1.12. The applicant has agreed to pay, directly or t h r o u g h the City, any aria all costs incurred my the City i n c o n n e c t i o n with the Project, whether or not the Pro j ect is carried to completion; with the Project whether or not the Pro j e c t i s approved by the City; and whether or not tne Bonds o r N o t e s a r e executed and issued. 1.13. The adoption of this resolution does not cons t i t u t e a guarantee or a firm commitment that the City will i s s u e t h e Bonds or Notes as requested by the applicant. The C i t y r e t a i n s the right in its sole discretion to withdraw from p a r t i c i p a t i o n and accordingly not issue the Bonds or Notes should t h e C i t y a t any time prior to the issuance thereof determine th a t i t i s i n the best interest of the City not to issue the Bond s o r N o t e s or should the parties to the transaction be unable t o r e a c h agreement as to the terms and conditions of any of t h e documents reguireo for the transaction. 1.14. All commitments of the City expressed herein a r e subject to the condition that by Decemoer 2, 1987, t h e C i t y a n d the applicant shall have agreed to mutually accepta b l e t e r m s and conoitions of the Loan Agreement pursuant to wh i c h t h e Developer will agree to pay to the City principal, p r e m i u m , i f any, and interest on tne Bonds or Notes, and of the o t h e r instruments ana proceedings relating to the Bonds o r N o t e s a n d their issuance and sale. If the events set forth he r e i n d o n o t taKe place within the Lime set_ forth aloove, or any extension thereof, and the Bones or Notes are not sold within s u c h t i m e , this resoiotion snail expire ana me of no further ef f e c t . 3 7:' 20 -1: The Amended Program is hereby adopted by the City pursuant-to Section 462C.05-, Subd. 5 of the Acr. The Mayor a n d the other officers; employees, and agents of the City are- hereby authorized to prepare and execute the required- certifications and to take such other actions as: they deem -necessary or advisable in order to submit the Amended Progra m to the Minnesota Housing Finance Agency for review and :appro v a l in accordance with the provisions of the Act. Adopted by the City Council of the City cf Eden Prairie, Minnesota, this 16th day of December, 1986. ATTEST: Section 2. Aooroval and Authorization Mayor IS. The City has caused to be prepared the AmenCed Program for the proposed Project uhcer the Act which has be e n . presented to this Council; and which contains information demonstrating the need forthe-loroject, stating the method o f : , financing proposed and that the Project is to be constructe d " and -equipped pursuant to Subdivision 2, Section 462C.05 Of the Act.-- 1.16: ?ursuant to the requirements of the Act and Section. 142,(f) 'Of the Internal Revent*Code cf 1.986,: as amended th e Code).; a .public tearing'ilaS been'hele. relating to the Proarani propoSed:by tre Developer •underhe Act, inciuding the Probo s e c t isuande:of the,BondaprNotes -, after proner publication of notice el the public hearing in accord wit n the requirement.S of the Act and the Coda: City Cierk The Motion for the adoption of the foregoing resolution was duly seconded by Counciimember , and upon vote being taken thereon, the following voted in favo r thereof: and the following voted against the same: 4. Witness, my hand Officially as such C seal of -the City this day of erk anc -.the corporate ; JOhn Franc City Clerk '.(SEAL) 5. Whereupon the resolution was aet -lared auly passed and adopted and was signed tly.:r the Mayor zna: ztteSted by the City Clerk .... STATE OF MINNESOTA.) )ss. COUNTY OF HENNEPIN) I, the undersioned, beinc the dnly, qualified and -appointed Clerk of the City _of Eden...Prairie, :Minnesota,"herepycert:ify that I have Carefully :compared tW..fOregbing resolution adopted at a regular meetinTof the CltyCouncil of said City held on December:2, 1986;:.:With the original thereof on file in my office, and the siMejs a full, true', and cOmplete transcript thereof. SOK:CT6 Prairie Village Apartments Construction of a Multifamily Housing Development Pursuant to Minnesota Statutes, Chapter 462C (the Act), the City of Eden Prairie (the City) has been authorized to develop, plan, and administer programs of making construction and long- term financing loans to finance multifamily housing developments located within its boundaries, under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. In creating its multifamily housing finance program, the City Council of the City has found and determined that the preservation and enhancement of the high quality of life in the City is dependent upon the maintenance and provision of 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 environments 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. The City has received a proposal from Prairie Village Limited Partnership in which Mandara Company will be a general partner (the Developer) that, pursuant to the authority found in the Act, the City approve a program providing for the construction of approximately one hundred twelve (112) units of rental housing (Housing Units) to be located on land legally described as: Part of Outlot C and all of Outlot B, Gonyea 4th Addition, Hennepin County, Minnesota, which land is located just east of the northeast corner of the intersection of Highway 5 and County Road 4 in the City. The project is to be funded through one issue nf revenue bonds to be issued by the City for the acquisition of land for and the construction and equipping of the Housing Units. The acquisition of land for and construction and equipping of the Housing Units is hereinafter referred to as the Project. It is proposed that the Bonds (as hereinafter defined) be either sold publicly through an underwriter or privately placed as a tax- exempt mortgage, depending upon the condition of the bond market at the time of the issuance of the Bonds, and that the Bonds, if sold publicly, include some form of credit enhancement, such as collateral, insurance, or a letter of credit to provide a Standard & Poor's rating of no less than "A." Following construction of the Project, the Developer will own and operate the Project as a multifamily residential rental project. The one hundred twelve (112) Housing Units will be one, one bedroom plus den, and two bedroom apartments, of which either (i) at least twenty percent (20%) of the units will be specifically reserved for tenants whose income are no greater than fifty percent (50%) of the area median income; or (ii) at least forty percent (40%) of the units will be specifically reserved for tenants whose incomes are no greater than sixty percent (60%) of the area median income. Determinations as to whether a unit meets the requirements of (i) or (ii), above, will include adjustments for family size. It is estimated that rents for the one-bedroom Housing Units will be between Three Hundred Sixty-nine Dollars ($369) and Five Hundred Fifty-seven Dollars ($557) per month; that rents for the one bedroom plus den Housing Units will be between Four Hundred Twenty-two Dollars ($422) and Six Hundred Nineteen Dollars ($619) per month; and that rents for the two-bedroom Housing Units will be between Four Hundred Twenty-two Dollars ($422) and Six Hundred Ninety-five Dollars ($695) per month. The City, in establishing this multifamily housing program (the Program), has considered generally available information regarding conditions in the housing industry and the information contained in the City's 462C Housing Plan, adopted on October 30, 1978, as amended February 2, 1982 (the Housing Plan), including particularly (i) 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 projections of future population trends and future employment 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. The City, in adopting 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 development to be financed under this Program; and (vi) certain other limitations. 2. The City, in adopting this Program, considered the potential financing impact of bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; (ii) households with income at the lower end of the range that can be served by the Program; (iii) households displaced by public or private actions; (iv) families with children; and (v) accessibility to the handicapped. The Project will be constructed and financed pursuant to Subdivisions 1 and 2 of Section 462C.05 of the Act. Subsection A. Definitions The following terms used in this Program have the following meanings, respectively: (1) "Act" means Minnesota Statutes, Sections 462C.01, et seq., as currently in effect and as the same may be from time to time amended. (2) "Adjusted Gross Income" means gross family income, less $750 for each adult in the family, to a maximum of two adults, and less $500 for each other dependent in the family. (3) "Agency" means the Minnesota Housing Financing Agency, or any successor to its functions. (4) "Bonds" means the housing revenue bonds to be issued by the City to finance the Program and includes any and all other obligations payable as provided hereunder. (5) "City" means the City of Eden Prairie, County of Hennepin, State of Minnesota, or any housing and redevelopment authority in and for the City authorized by resolution of the City Council to exercise, on its behalf, the powers conferred on the City under the Act. (6) "Developer" means Prairie Village Limited Partnership. (7) "Housing Plan" means the City of Eden Prairie's 462C Housing Plan, adopted on October 30, 1978, as amended February 2, 1982, setting forth certain information required by the Act. (8) "Housing Unit" means any one of the apartment units located in the Project, occupied by one person or family, and containing complete living facilities. (9) "Program" means this program for the financing of the Project pursuant to the Act. 3. (10) "Project" means the one hundred twelve (112) unit multifamily rental housing project known as "Prairie Village Apartments" given approval by the Eden Prairie City Council on August 20, 1985, pursuant to a development proposal submitted by the Developer. Subsection B. Program For Financing the Project The City hereby establishes a Program to make a loan for construction financing and permanent mortgage financing for the Project. In establishing and carrying out such Program, the City may exercise, within the corporate limits of the City, any of the powers to the Minnesota Housing Financing Agency is authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A. To do this, the City expects to issue Bonds, the proceeds of which will be loaned to the Developer for construction and initial financing of the Project. It is expected that a Trustee will be appointed by the City to monitor the construction of the Project and any payments of principal and interest on the Bonds. The City will hire no additional staff for the administration of this Program. If required for the sale of the Bonds, the City will select a trustee for the Program and the bondholders that is experienced in trust management and has a large corporate trust portfolio. The trustee will administer and maintain the Bonds sold to finance the Program. The City will, however, incur administrative costs for which it will charge administrative fees of Eight Hundred Dollars ($800), plus one-eighth (1/8) of one percent (1%) annually, calculated on the outstanding principal balance of the bonds on the date such fee is due. The City Council hereby authorizes and directs the City Manager of the City to monitor all negotiations between the various parties taking part in the Program to ensure that the Program documents are consistent with the City's Housing Plan and the requirements of the City as set forth in this Section. Prior to the adoption of the resolutions authorizing the sale of Bonds to finance the Program, the City Manager shall report to the City Council his findings as to the consistency of the Program documents with the Housing Plan and the policies of the City contained in this Section. It is contemplated that the Bonds shall have a maturity of no more than forty (40) years and will be priced to the market at the time of issuance. The Bonds will not be general obligation bonds of the City, but are expected to be paid from revenues and properties pledged to the payment thereof, which may include a credit enhancement item such as insurance or a letter of credit, or a mortgage, or other encumbrance on the Project. 4. Subsection C. Local Contributions to the Program It is not contemplated that any additional financing or contributions will be needed for the completion of the Project, or for the operation of the Program, other than the bond issue described above. Subsection D. Standards and Requirements Relating to the Financing of the Project Pursuant to the Program The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the construction of the Project, which will include approximately one hundred twelve (112) residential units of which 45 will be subsidized residential units for the elderly; the remainder will be market rate residential units. The proceeds of the Bonds will be made available to the Developer pursuant to the terms of the Bond offering, which will include certain covenants to be entered into between the City and the Developer. (2) The Developer or owner of the Project will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, age, or status with regard to public assistance or disability. (3) Each dwelling unit within the Project must be used primarily for residential purposes. (4) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes. (5) The Project shall be designed to be affordable by persons and families with Adjusted Gross Income not exceed the income limits set forth in Section 462C.05, Subdivision 2 of the Act and by other persons and families determined to be necessary to further the policies of economic integration stated in Minnesota Statutes, Section 462A.02, Subdivision 6. Either (i) at least twenty percent (20%) of the Housing Units will be specifically reserved for tenants whose incomes are no greater than fifty percent (50%) of the area median income; or (ii) at least forty percent (40%) of the Housing Units will be specifically reserved for tenants whose Adjusted Gross Incomes are not greater than sixty percent (60%) of the area median income. Determinations as to whether a Housing Unit meets the 5. 6. SOK:CU8 requirement of (i) or (ii), above, will include adjustments for family size. Subsection E. Evidence of Compliance The City may require from the Developer or such other person deemed necessary, at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the City of compliance with the standard's and requirements for the making of the financing • established by the City, as set forth herein; and in'oonnectipn herewith, the City or its representatives May inspect the relevant books and records of the Developer in order to confirm • such ability, intention, and compliance. In addition, the_City may periodically require certification from either the :Developer or such other person deemed necessary concerning compliance with various aspects of this Program. 'Subsection F. Issuance of Bonds To finance the Program authorized by this Section, the City may, by resolution, authorize, and sell the Bonds, in an aggregate principal amount presently estimated not to exceed Five Million Seven Hundred Fifty Thousand Dollars ($5,750,000), pursuant to the Act. In issuing the Bonds, the City may exercise, within the corporate limits of the City, any of the powers the Minnesota Housing Finance Agency is authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without limitation under the provisions of Minnesota Statutes, Chapter 475. Subsection G. Severability The provision of this Program are severable and if any of its provisions, sentences, clauses, or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection H. Amendment The City shall not amend this Program while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. OiJy\AOUilOir..)- OA 10 'GENERAL 11 CERTIFICATE OF INDEBT 16LIQUOR:STORE-P V.M I 17 LIQUOR STORE4RESERVt L TRANSIT SYSTEM • CASH FEES . • PARK ACQUIST•I DEVELOP 33. UTILITY 80604UND -• 44 UTILITY DEBT FUND • 45 UTILITrDEBTJD'AR8 51 IMPROVEMENT CONSTr.FD , :52 -IMPROVEMENTtEBTFUND 57 ROAD IMPROVEMENT CONST:FD 73 WATER FUMY': 77' -SEWER .FUND 81 TRUST & ESCROW. FUND 87;,7-CD8G 'FUND 90.: = TAX INCREMENT FUND $2458593.08, 197679.73 10526.00 4313L98 39594.70' 16047,21 400.80 .711T.00 348997,83 427250.58 450.00 645070.99 44596739 38322,47 117980.22 91862,31 26636,74 1452,00 304.53 DECEMBER 16,1986 WINE LIQUOR WINE LIQUOR WINE LIQUOR WINE WINE POSTAGE FOR TRANSIT MAILINGS SERVICE SERVICE CONFERENCE-POLICE DEPT REFUND OF ESCROW DEPOSIT REFUND OF ESCROW DEPOSIT 10 ELECTED OFFICIALS HANDBOOKS-COUNCIL SERVICE DECEMBER 86 RENT-LIQUOR STORE SEMINAR-BUILDING DEPT CONFERENCE-ASSISTANT CITY MANAGER -SUBSCRIPTION-SOUTHWEST AREA TRANSIT COMMISSION SERVICE SERVICE OFFICE SUPPLIES SUBSCRIPTION-FINANCE DIRECTOR PLAN REVIEW FEES-WATER DEPT LIQUOR WINE WINE WINE OFFICE SUPPLIES-ENGINEERING DEPT 1987 MEMBERSHIPS DUES-FINANCE DIRECTOR REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SENIOR CITIZENS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS POSTAGE-UTILITY BILLING HOCKEY OFFICIAL/FEES PD DECEMBER 86 RENT-LIQUOR STORE PACKET DELIVERIES PAINT-COMMUNITY CENTER EXPENSES 31535 PRIOR WINE CO 31536 EAGLE DIST CO "537 EAGLE WINE CO Ii.538 ED PHILLIPS & SONS CO 31539 TWIN CITY WINE CO 31540 QUALITY WINE CO 31541 PAUSTIS & SONS CO 31542 CAPITOL CITY DISTRIBUTING CO 31543 ACTION MAILING 31544 AT & T COMMUNICATIONS 31545 NORTHWESTERN BELL TELEPHONE CO 31546 MAPLEWOOD POLICE DEPT 31547 RICHARD W ANDERSON INC 31548 RICHARD W ANDERSON INC 31549 'CNA 31550 NORTHWESTERN BELL TELEPHONE CO 31551 JASON-NORTHCO PROPERTIES 31552 LAKE COUNTRY CHAPTER 31553 REGIONAL TRANSIT BOARD 31554 VOID OUT CHECK 31555 AMERICAN PUBLIC TRANSIT ASSOC 31556 MINNESOTA GAS CO 31557 NORTHERN STATES POWER CO 31558 SOUTHWEST AREA TRANSIT 31559 HEWLETT PACKARD 31560 MN DEPT OF HEALTH 31561 EAGLE DIST CO 4 1 '62 QUALITY WINE CO 363 TWIN CITY WINE CO 31564 CAPITOL CITY DISTRIBUTING CO 31565 ANGIOMEDICS 31566 MINNESOTA GFOA 31567 STEPHEN FIELDING 31568 TRACIE HUNN 31569 JULIA Et ERNEST LARSON 31570 JOSEPH MIKELSON 31571 TIMOTHY MIKELSON 31572 MICHAEL RIGGS 31573 HOPKINS POSTMASTER 31574 DARRELL GEDNEY 31575 SUPPLIES 7 HI ENTERPRISES 31576 DANA GIBBS 31577 HIRSCHFIELDS 31578 PETTY CASH-COMMUNITY CENTER 31579 FEDERAL RESERVE BANK PAYROLL 11-28-86 31580 COMMISSIONER OF REVENUE PAYROLL 11-28-86 31581 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 11-28-86 31582 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 11-28-86 31583 GROUP HEALTH PLAN INC PAYROLL 11-28-86 31584 MEDCENTERS HEALTH PLAN INC PAYROLL 11-28-86 31585 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 11-28-86 31586 GREAT WEST LIFE ASSURANCE CO PAYROLL 11-28-86 /"87 ICMA RETIREMENT CORP PAYROLL 11-28-86 k. 38 INTL UNION OF OPERATING ENG PAYROLL 11-28-86 2301.06 5937.91 426.77 4577.53 1924.49 1204.39 366.70 1295.87 1475.00 13.64 307.60 50.00 13000.00 2616.10 300.00 91.98 5993.50 120.00 15.00 0.00 52.00 6856.69 6747.33 100.00 36.00 700.00 2026.58 416.78 5444.05 256.27 100.00 10.00 6.00 24.00 9.00 6.00 6.00 9.00 462.70 16.00 4474.58 117.00 45.32 31.33 24141.88 10262.71 15644.78 126.86 2286.95 7230.30 10.00 5016.00 785.00 693.00 13616765 31589 31590 I 591 592: 31593 31594 31595' 31596 31597- 31598 31599 31600 31601 31602 31603 31604 31605 31606'-' 31607 31608 -, 31609 31610 31611 - 31612 31613 31614 31615 31616 Ici17 ' 618 31619 31620 31621 31622 31623 31624 31625 31626 31627 31628 31629 31630 31631 31632 31633 31634 31635 PERA CITY-COUNTY CREDIT UNION NORWEST BANK HOPKINS SUBURBAN NATIONAL BANK AT& T INFORMATION SYSTEMS ICMA PRUDENTIAL INSURANCE CO PHYSICIANS HEALTH PLAN CALIFORNIA STATE UNIVERSITY MN HISTORICAL SOCIETY PRIOR • WINE CO EAGLET WINE CO EAGLCDIST CO ED PHILLIPS & SONS CO QUALITY WINE CO TWIN'CITY WINE CO PAUSTIS & SONS CO HENNEPIN COUNTY PERSONNEL TRACY OIL CO INC HOPKINS POST OFFICE U S POST OFFICE THE WALL STREET JOURNAL ENEBAK CONSTRUCTION HARDRIVES KENKO INC RICHARD KNUTSON INC J P NOREX INC J P NOREX INC NODLAND CONSTRUCTION CO NODLAND CONSTRUCTION CO L & G REHBEIN INC SHAFER CONTRACTING CO INC SHAW - LUNDQUIST ASSOC INC A TO Z RENTAL CENTER AB DICK COMPANY ACRO-MINNESOTA INC BEVERLY AHMANN AMERICAN LINEN SUPPLY CO AMERICAN NATIONAL BANK AMI PRODUCTS INC EARL F ANDERSEN & ASSOC INC AQUA ENGINEERING INC ROBERT ARNDT ARTEKE INC ASSOCIATES & LARRANGA INC ASTLEFORD INTL INC BATTERY & TIRE WAREHOUSE INC 31636 GAIL BENO 31637 BLUE LINE CLUB 31638 FRITZ BOSTON 31639 BOYUM EQUIPMENT INC )1 440 BRADY OFFICEWARE k 41 BRAUN ENG TESTING INC DECEMBER 16,4986 PAYROLL 11-28-86 22519.89 PAYROLL 11-28-86 2323.13 PAYROLL 11-28-86 600.00 PAYROLL 11-28-86 200.00 SERVICE 20.55 SUBSCRIPTION-CITY HALL 32.25 DECEMBER LIFE INSURANCE 704.32 DECEMBER HEALTH INSURANCE 14986.43 TRAINING MANUAL-WATER DEPT 30.00 ALEXANDER RAMSEY HOUSE TOUR/FEES PD 46.00 WINE 786.57 WINE 389.56 LIQUOR 16029.56 LIQUOR 12174.58 LIQUOR 6868.65 LIQUOR 7761.03 WINE 312.27 MANUALS-DIRECTOR OF HUMAN RESOURCES 10.00 FUEL-STREET MAINTENANCE 5865.40 1987 MAILING FEES 100.00 POSTAGE-PUBLIC SAFETY 830.00 1987 SUBSCRIPTION-FINANCE DEPT 114.00 SERVICE-TECHNOLOGY DRIVE 36515.97 SERVICE-PRESERVE BLVD 12816.52 SERVICE-BLUFFS EAST 4TH ADDITION 61765.78 SERVICE-ANDERSON LAKES PARKWAY 22186.03 SERVICE-BLUFFS WEST STORM SEWER 37653.23 SERVICE-RI VERVIEW ROAD 63757.37 SERVICE-HIDDEN GLEN 3RD ADDITION 118226.28 SERVICE-WYNDHAM KNOLL 70384.67 1986 LIME SLUDGE REMOVAL 111612.00 SERVICE-VALLEY VIEW ROAD 222910.37 SERVICE-WATER TREATMENT PLANT ADDITION 345043.80 TILE CUTTER RENTAL-PARK MAINTENANCE 5.30 XEROX PAPER-CITY HALL 130.30 OFFICE SUPPLIES 907.15 REFUND-BUILDING PERMIT 40.70 MOP/DUSTER-LIQUOR STORE 27.15 BOND PAYMENT 265963.23 THROTTLE CABLE/HOSE COUPLINGS-STREET DEPT 262.43 SIGNS/POST DRIVER-STREET DEPT & PARK DEPT 119.65 GEAR DRIVES-PARK MAINTENANCE 274.72 NOVEMBER 86 CUSTODIAL SERVICE 200.00 REFUND-BUILDING PERMIT 30.00 ADS-SOUTHWEST AREA TRANSIT COMMISSION 10758.23 WHEEL RINGS-EQUIPMENT MAINTENANCE 74.18 -TRUCK & CAR BATTERIES/WIPER BLADES/ 453.88 -ANTIFREEZE/GAS LINE ANTIFREEZE/SIGNAL LAMPS/MIRROR HEAD-EQUIPMENT MAINTENANCE SENIOR CENTER INSTRUCTOR/FEES PD 38.25 REFUND-OVERPAYMENT FOR ICE TIME 510.00 AEROBICS INSTRUCTOR/FEES PD 110.00 2 STEEL PLOWS-STREET MAINTENANCE 10526.00 OFFICE SUPPLIES 52.72 -SERVICE-TECHNOLOGY DRIVE EXTENSION/ 4223.50 MILLER PARK 149028360 31642 BROWN PHOTO 31643 -11 R W INC 31644 BRYAN ROCK PRODUCTS INC 31645 BUSINESSLAND 31646 XARDOX CORP 31647-CARGUL SALT DIVISION 31648 CASE POWER & EQUIPMENT 31649CENTEX:HOMES 31650 tHANHASSEN LAWN & SPORTS 31651:t VN Ai TRANSP CO 31652 CLUTCH -& TRANSMISSION SER INC 31653 ,tOMMISSIONER OF TRANSPORTATION 31654 JOHN CONLEY 31655 -CONWAY FIRE & SAFETY INC 31656 DAVE CORNELIUS 31657 CORPORATE RISK MANAGERS INC 31658 CROWN RUBBER STAMP CO 31659 -CRYSTAPLEX PLASTICS LTD 31660 CULLIGAN 31661 CULLIGAN 31662 CURTIS INDUSTRIES 31663 CUSHMAN MOTOR CO INC 1L 64 WARD F DAHLBERG 65 DALCO 31666 CRAIG W DAWSON 31667 DAY-TIMERS INC 31668 DEL-AIR CONDITIONING INC 31669 EUGENE DIETZ 31670 DRISKILLS SUPER VALU 31671 DRISKILLS SUPER VALU 31672 EARL'S ART & DRAFTING SUPPLIES 31673 THOMAS E EASTMAN 31674 EDEN PRAIRIE BODY SHOP 31675 EDEN PRAIRIE CHAMBER OF COMMERCE 31676 E P HEATING & AIR CONDITIONING 31677 EDEN PRAIRIE TRASHTRONICS 31678 CITY OF EDINA 31679 RON ESS 31680 FLAHERTY'S HAPPY TYME COMPANY 31681 FITNESS STORE 31682 FORD-MCNUTT GLASS CO 31683 FOSS PRINTING INC 31684 JOHN FRANE 31685 FRANZ ENG REPRODUCTIONS INC FILM PROCESSING -SERVICE-TRAFFIC SIGNAL AT TH169/212 & -PRAIRIE CENTER DRIVE/EDEN ROAD/SINGLETREE -LANE/VALLEY VIEW RD - MITCHELL TO COUNTY -ROAD 4/ANDERSON LAKES PARKWAY TH169 TO MITCHELL ROAD ROCK-STREET MAINTENANCE & PARK MAINTENANCE COMPUTER PRINTER-FIRE DEPT CARBON DIOXIDE-WATER OPT SALT-STREET MAINTENANCE REPAIRS-EQUIPMENT MAINTENANCE REFUND-BUILDING PERMIT RIVETS/PLUGS/BAR OIL/CLEATS-PARKS DEPT RENTAL AGREEMENT-SEWER DEPT SENSOR-EQUIPMENT MAINTENANCE OFFICE SUPPLIES-ENGINEERING DEPT EXPENSES-POLICE DEPT -BOOTS/3 FIREMAN COATS @ $172.00/3 FIREMAN -PANTS @ $139.00/TRAINING SUPPLIES- FIRE DEPT FOOTBALL OFFICIAL/FEES PD NOVEMBER 86 INSURANCE CONSULTANT NAME PLATES-ASSESSING DEPT & FINANCE DEPT PLEXI-GLASS SHIELD-ICE ARENA SERVICE-SENIOR CENTER SERVICE-STARING LAKE PARK BUILDING -CLEANING SUPPLIES/DRILL BITS/SELF-LOCK ROLL PIN-EQUIPMENT MAINTENANCE -POINT SET/SPARK PLUGS/CONDENSER/LABOR- EQUIPMENT MAINTENANCE -CLEANING SUPPLIES-COMMUNITY CENTER & PARK MAINTENANCE MEETING EXPENSES OFFICE SUPPLIES-SENIOR CENTER FURNACE REPAIRS-MORE HOUSE NOVEMBER 86 EXPENSES EXPENSES-COMMUNITY CENTER EXPENSES-FIRE DEPT OFFICE SUPPLIES-PLANNING DEPT EXPENSES-COMMUNITY CENTER PAINT & REPAIR FIRE VEHICLE-FIRE DEPT -RIDESHARE GRANT FROM MN DEPT OF ENERGY & ECONOMIC DEVELOPMENT HEATER REPAIRS-FIRE DEPT TRASH PICKUP-CITY HALL NOVEMBER 86 WATER TESTS HOCKEY OFFICIAL/FEES PD SUPPLIES-LIQUOR STORE SUPPLIES-COMMUNITY CENTER 2 MIRRORS-COMMUNITY CENTER 1987 LICENSE STICKERS-FINANCE DEPT NOVEMBER 86 EXPENSES -PLANHOLD/PLANHOLD CARRIER STRIP- ENGINEERING DEPT 415.30 21904.66 2553.40 916.03 1060.22 7573.12 286.72 1818.00 88.01 60.00 82.20 12.63 5.00 1019.90 65.00 400.00 22.99 165.75 12.55 12.55 184.74 53.35 80.00 117.83 19.25 15.45 2654.00 165.00 6.65 233.39 51.31 6.35 388.00 5600.00 17.68 345.00 101.00 140.00 200.25 29.50 141.50 165.00 165.00 1260.23 ( 51451 ,L) 31686 G & K SERVICES 31687 *G & K SERVICES 31688 G & K SERVICES 31689 GAB BUSINESS SERVICES 690 GENERALCOMHUNICATIONS INC 691 DAVIDGILMORE 31692 GNERER WELDING INC 31693 GOODYEAR TRUCK TIRE CENTERS 31694 GROSS OFFICE SUPPLY 31695 GUNNAR ELECTRIC CO INC 31696 C F'HAGUN & SONS CO 31697 HANCE DISTRIBUTING INC 31698 HANSEN THORP PELLINEN OLSON INC 31699 HAYESCONTRACTORS INC 31700. ..LAURIE HELLING -31701 HENN at:CHIEFS OF POLICE 31702 HESTIA'HOMES INC 31703 HOIGARDS 31704 AOIGARDS 31705 HOLMSTEN ICE RINKS INC 31706 HONEYWELL 31707 HOTSY CORPORATION 31708 IBM 31709 INDEPENDENT SCHOOL 01ST #272 INDUSTRIAL LIGHTING SUPPLY INC INTL OFFICE SYSTEMS INC JM OFFICE PRODUCTS INC J & R RADIATOR CORP KAY JOHNSON KARULF HARDWARE INC 31716 SCOTT KIPP 31717 KOKESH INC 31718 MARY KOTTKE 31719 KRAEMERS HOME CENTER 31720 DAVID 0 KRUEGER 31721 LANCE 31722 LANG PAULY & GREGERSON LTD 31723 LANG PAULY & GREGERSON LTD (404074 TOWELS-LIQUOR STORE 13.65 TOWELS-PARK MAINTENANCE 12.48 COVERALLS/TOWELS-WATER DEPT 277.87 LIABILITY INSURANCE 1728.85 RADIO REPAIRS-PUBLIC SAFETY 118.91 FIREMAN CALLS 1080.00 MOTOR-EQUIPMENT MAINTENANCE 158.50 22 TIRES-STREET MAINTENANCE 939.90 OFFICE SUPPLIES-PUBLIC SAFETY 248.66 KEYS FOR SWITCH-PARK MAINTENANCE jo.00 TEMPORARY WALL BRACE-COMMUNITY CENTER 4700.00 SCREWS/STOPPER/SPRING/KNOB-PARK DEPT 5.03 -SERVICE-BLUFFS WEST VICINITY STORM 13757.98 SEWER & BLUFFS EAST 4TH ADDITION HOT WATER HEATER-COMMUNITY CENTER 1882.00 MILEAGE 72.00 SCHOOL-POLICE DEPT 140.00 REFUND-OVERPAYMENT FOR PLATING FEE 2407.00 CANVAS REPAIRS-FIRE DEPT 15.00 6 PAIRS OF BOOT COVERS-WATER DEPT 86.46 REPAIRS-ICE ARENA 84.00 -DECEMBER 86 - FEBRUARY 87 SECURITY 374.07 SYSTEM-LIQUOR STORE -REPAIR CAR WASH EQUIPMENT-PUBLIC WORKS 470.60 BUILDING MAINTENANCE AGREEMENT-CITY HALL 424.32 -EXPENSES/RENTAL OF GYM-FIRE DEPT/SENIOR 623.50 CENTER & COMMUNITY CENTER LIGHT BULBS-WATER DEPT 242.66 MAINTENANCE AGREEMENT/TONER-CITY HALL 220.72 OFFICE SUPPLIES-WATER DEPT 38.12 HEATER CORE-EQUIPMENT MAINTENANCE 80.90 AEROBICS INSTRUCTOR/FEES PD 84.00 -GARBAGE BAGS/SOAP/SCREWS/NUTS/BATTERIES/ 933.76 -KEYS COPIED/CABLE TIES/SWITCHES/NAILS/ -WIRE CLIPS/WIRE CONNECTORS/HANDLES/FILES/ -TAPE/ADAPTORS/BRUSHES/DRILL BITS/PAINT/ -PAINT THINNER/EXTENSION CORD/WINDSHIELD -WASHER FLUID/POLISHING COMPOUND/PAINT -ROLLERS/LOCKS/LIGHT BULBS/ELECTRICAL -FITTINGS/PLIERS/WIRE/FILTERS/CONCRETE MIX/WASHERS/BOLTS/SHOVELS MILEAGE 13.27 -RACQUETBALLS/COLD PACKS/WHISTLES/STOP 451.31 -CLOCK/BASKETBALLS/SCRIMMAGE VESTS- COMMUNITY CENTER VOLLEYBALL OFFICIAL/FEES PD 215.00 -NUTS/BOLTS/TOOL TRAY/EXTENSION CORD/PUSH 81.92 -BROOM/BATTERIES/PAINT-WATER DEPT & PARK MAINTENANCE FIREMAN CALLS 570.00 SUPPLIES-LIQUOR STORE 154.55 CITY WEST JOGGING TRAIL LEGAL SERVICE 693.75 OCTOBER 86 SERVICE-SOUTHWEST AREA TRANSIT 630.00 31710 31711 712 713 31714 31715 ac.V) DECEMBER .161986 31724 L M .T I C LIABILITY INSURANCE-SOUTHWEST AREA TRANSIT 31725 IEEE BROS -INC RUG SERVICE-CITY HALL S726 LEFEVERE . LEFLER • KENNEDY OCTOBER 86 LEGAL SERVICE /27 LOGIS" OCTOBER 86 SERVICE 31728 LOUISVILLE LANDFILL INC LANDFILL-CHARGES-PARK MAINTENANCE 31729 LOVERING ASSOC REFUND-WATER METER DEPOSIT 31730 MACQUEEN EQUIPMENT INC 2 SNOW PLOW BLADES-STREET MAINTENANCE 31731 MIKE MARUSHIN -TOOL BOX/PLIER SET/WHEELS/RUBBER HAMMER/ WHEELS/SOCKET SETS-EQUIPMENT MAINTENANCE 31732 TIM MCGOVERN - HOCKEY OFFICIAL/FEES PD 31733 MEMA TREASURER 1987 MEMBERSHIP DUES-POLICE DEPT 31734 -MERIT/JULIAN GRAPHICS ENVELOPES/FORMS-CITY HALL -A BUILDING DEPT 31735 MERLIN I S:HARDWARE HANK SAW BLADE-PARK MAINTENANCE 31736 MN CELLULAR:TELEPHONE CO SERVICE 31737 METRO FORE COMM INC DECEMBER 86 PAGER RENTAL-WATER DEPT 31738 METRO WASTE CONTROL COMMISSION JANUARY 87 SEWER SERVICE, 31739 MIDLAND EQUIPMENT CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER 31740 MIDWEST ASPHALT CORP SAND-STREET MAINTENANCE 31741 MIDWEST ASPHALT CORP REFUND-WATER METER DEPOSIT 31742 :,MINNESOTA COMMUNICATIONS CORP DECEMBER 86 PAGER RENTAL-WATER DEPT 31743 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORE 31744 MN WORKERS COMPENSATION -WORKERS' COMPENSATION INSURANCE-SOUTHWEST AREA TRANSIT 31745 MLA INTERIOR DESIGN SERVICE-DESIGN OF NEW CITY OFFICES 31746 MODERN TIRE CO FRONT END ALIGNMENT-PUBLIC SAFETY VEHICLES 31747 NORWEST BANK MINNEAPOLIS NA BOND PAYMENTS 31748 OFFICE PRODUCTS OF MN INC COMPUTER SOFTWARE-PLANNING DEPT 31749 OLSEN CHAIN & CABLE CO INC HAMMER LOCKS-EQUIPMENT MAINTENANCE 1L .'50 PARK AUTO UPHOLSTERY SEAT REPAIRS-EQUIPMENT MAINTENANCE /51 PEPSI/7-UP BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER 31752 JOYCE PHELPS SKATING INSTRUCTOR/FEES PD 31753 PITNEY BOWES 1ST QTR 87 POSTAGE METER RENTAL-CITY HALL 31754 KEITH POKELA VOLLEYBALL OFFICIAL/FEES PD 31755 POWER BRAKE EQUIPMENT CO 3 STROBE LIGHTS-EQUIPMENT MAINTENANCE 31756 PRAIRIE LAWN & GARDEN LAWN MOWER REPAIRS-WATER DEPT 31757 PRAIRIE OFFSET PRINTING PRINTING-ASSESSING DEPT 31758 PRINT SHACK PRINTING-COMMUNITY CENTER 31759 PRIOR LAKE AGGRETATE INC SAND-STREET MAINTENANCE 31760 PUMP & METER SERVICE INC MANHOLE COVERS-STREET MAINTENANCE 31761 R & R SPECIALTIES INC SHARPEN ZAMBONI BLADES-COMMUNITY CENTER 31762 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-PURGATORY CREEK BOX CULVERT 31763 RETAIL DATA SYSTEMS OF MINNESOTA CASH REGISTER TAPE-LIQUOR STORE 31764 RICHFIELD BUS CO TRANSPORTATION-COMMUNITY CENTER 31765 ROAD RESCUE INC -INSTALL 2 BATTERY SYSTEM/WIRE FOR GRILL -LIGHTS/SIRENS/SPEAKERS/BACKUP LIGHTS/ -RADIO BOXES/CROSSFIRE BAR ON ROOF OF CAB- FIRE DEPT 31766 ROGERS CABLESYSTEMS 2ND QTR FRANCHISE FEES-CABLE SYSTEM 31767 MICHAEL J ROGERS EXPENSES-FIRE DEPT 31768 ROGERS SERVICE CO ALTERNATOR REPAIRS-EQUIPMENT MAINTENANCE 31769 RONSTAD INDUSTRIAL SUPPLY CLEANING SUPPLIES-PUBLIC SAFETY 31770 RODNEY W RUE 1987 MEMBERSHIP DUES-ENGINEERING DEPT 31771 S & S ARTS AND CRAFTS SUPPLIES-COMMUNITY CENTER ("72 SEARS ROEBUCK & CO -TELEPHONE/ANSWERING MACHINE-SOUTHWEST AREA TRANSIT 2626.00 73.20 526.50 5037.93 49.00 53.00 374.00 700.70 15.00 25.00 357.32 2.99 62.32 10.50 89800.90 408.25 642.64 544.14 51.50 100.80 261.00 375.00 59.90 607255.14 371.00 70.45 80.00 184.00 317.50 96.75 52.00 407.58 16.95 100.00 244.60 3669.54 43.30 79.80 3254.03 108.92 130.00 3858.66 3024.25 28.94 278.29 100.20 85.00 77.71 129.98 72622218 DECEMBER 16,1986 31773 SHAKOPEE FORD INC 411r74 W GORDON SMITH CO -EQUIPMENT REPAIRS-EQUIPMENT MAINTENANCE & FIRE DEPT -GAS CAPS/GAS/WIRE/GREASE/OIL/BLENDED -DYES/THERMOSTATS/RADIATOR CAPS-EQUIPMENT MAINTENANCE/WATER DEPT/FIRE DEPT -SCREWDRIVERS/SOCKET SET/PRY BAR SET/TEST LITE-EQUIPMENT MAINTENANCE PRINTING-COMMUNITY CENTER OFFICE SUPPLIES-COMMUNITY CENTER -CONSULTING SERVICE-VEHICLE MAINTENANCE PROGRAM -MUFFLER TAIL PIPE/MUFFLER/IGNITION/PAINT/ -SPARK PLUGS/FILTERS/BUCKETS/BEARINGS/ -U-JOINTS/SEALS/CABINET/GAS LINE HOSES/ -HEATER MOTOR/BELTS/WIRE/PIPES/FUEL PUMP/ STABILIZER KIT-WATER DEPT & STREET DEPT EMPLOYMENT AD-COMMUNITY CENTER EMPLOYMENT AD-PUBLIC SAFETY ADS-LIQUOR STORE PARTS-EQUIPMENT MAINTENANCE DOOR KNOBS WITH LOCKS-FIRE DEPT FIREMAN CALLS -CLUTCH PARTS/GASKET/BUSHING/SWITCH- EQUIPMENT MAINTENANCE PUMP TANK-SENIOR CENTER & CITY HALL REFUND-WATER METER DEPOSIT DEGREASER-SEWER DEPT REFUND-PLUMBING PERMIT SUPPLIES-COMMUNITY CENTER DOOR REPAIRS-COMMUNITY CENTER OXYGEN CYLINDER-STREET MAINTENANCE BADGES-COMMUNITY CENTER 1987 MEMBERSHIP DUES-POLICE DEPT UNIFORMS FOR CITY EMPLOYEES GAS CYLINDERS-COMMUNITY CENTER PUMP REPAIRS-SEWER DEPT -WASHERS/GASKETS/METER SEALS/50 5/8-3/4 100 GAL REMOTES/80 SWIVELS-WATER DEPT -STAINLESS STEEL PIPING FOR DIVING BOARD FOR POOL AREA-COMMUNITY CENTER LATHS-ENGINEERING DEPT BUSINESS CARDS-ASSESSING DEPT ADVERTISING BROCHURE-LIQUOR STORE -OCTOBER & NOVEMBER 86 MAINTENANCE AGREEMENTS-CITY HALL & POLICE DEPT FIRE PROTECTION SUPPLIES-FIRE DEPT WATER PUMPS-EQUIPMENT MAINTENANCE AQUA AEROBICS INSTRUCTOR/FEES PD CDGB REIMBURSEMENT AEROBICS INSTRUCTOR/FEES PD AEROBICS INSTRUCTOR/FEES PD 31775 SNAP ON TOOLS CORP 31776 SNAP PRINT-WEST 31777 SNYDER ,DRUG STORES INC 31778 SOFTWARE FIRST 31779 SOUTHWEST AUTO SUPPLY INC 31780 SOUTHWEST SUBURBAN PUBLISH INC 31781 SOUTHWEST SUBURBAN PUBLISH INC 31782 SOUTHWEST• SUBURBAN PUBLISH INC 31783 STANDARD SPRING CO 31784 STANG MFG 31785 VERNON STEPPE 31786 - SUBURBAN CHEVROLET 31787 SULLIVANS SERVICES INC 31788 SWEDENBORG CONST 31789 TEAM LABORATORY CHEMICAL CORP 11 790 THOMPSON PLBG 91 TRIARCO ARTS & CRAFTS 92 TWIN CITY GARAGE DOOR CO 31793 TWIN CITY OXYGEN CO 31794 U S FIGURE SKATING ASSOC 31795 U S POLICE CANINE ASSOC 31796 UNITOG RENTAL SERVICES 31797 VALLEY INDUSTRIAL PROPANE INC 31798 WALDOR PUMP & EQUIP CO 31799 WATER PRODUCTS CO 31800 WATERITE INC 31801 WEST CENTRAL INDUSTRIES INC 31802 WILSON TANNER GRAPHICS 31803 WORDSWORTH 31804 XEROX CORP 31805 YOUNG CREATIONS INC 31806 ZIEGLER INC 31807 KAY ZUCCARO 31808 SO HENNEPIN HUMAN SERVICE COUNCIL 31809 KAY JOHNSON 31810 FRITZ BOSTON 5804.62 233.00 135.20 4.95 1250.00 2676.54 18.00 60.00 238.14 35.00 68.01 545.00 75.68 100.00 96.87 1080.00 114.00 44.42 64.90 14.00 483.25 48.00 1302.80 133.33 57.90 970.22 389.00 237.50 30.00 128.75 178.00 1160.00 271.36 185.50 1452.00 120.00 20.00 (2126440 $2458593.08 TO MAYOR & COUNCIL FROM: JOHN FRANE DATE: DECEMBER 12, 1986 RE: REQUEST FROM QUAIL RIDGE APARTMENT PROJECT TO REFUND IN MULTI•FAMILY HOUSING SONDS-:. RESOLUTION 86-710 The 'proponent is requesting the i -stuance of honds .withbut a third party guarantee. • I suggesthe Council not .grant this request and require a. third, party guarantee The bids will be opened at 400 P.M and brought to,:,the'theetihg for your consideration. The sale is for $1,700,000 in -fire bonds, $'1,000,000 in equipment certificates, and $2,300,000 for partial funding of the additions to the Water ..plant. There will be four resolutions .to adopt. 86-31_6 Setting the terms and conditions Of the fire bonds 86-317 Setting the terms and condition's Of theequipment certificates 86-348.:Setting the terms ancLcondit•ons of thewater bonds 86731,3,4warding the Sale of $5,000,-000 8,0.: bonds to CITY OF EDEN PRAIRIE HENNEPIN COUNTY :MINNESOTA RESOLUTION .86 7 300 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a_,petition has been received and it is proposed to make the followingl improvements: I,C. 52-109, Sunnybrook Road street and utility improvements (west of Homeward Hills Road, adjacent. to Meadow Park 3rd) and assess:the benefitted property for all Or a portion .0 improvements, pursuant to N.S.A.. 429.011 to 429,111. :NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Hansen, Thorp, pellinen,illson -, Inc., and that a feasibility report shall be preparecIand presented to the City Council with all convenient speed advising ": the Council: in a preliminary way as to the scope4 ,cost assessment And feasibility: of the proposed improvements. ADOPTED by the Eden Prairie City Council on December 16, 1986. ATTEST: John D. Franc, City Clerk ezo ,600I -rruk\-) Names of Petitioners (Must Be Property Owners) % Me 'aw.t FAuLits /ape)/ Vomv 12o 8toombvc,ron/ 14{Z -ss- 3tf' CITY OF MEN PRAIRIE, MINNESOTA PETITION FOR LOCAL /MPMOVEMENT To The Eden Prairie City Council: The'undersigned 'property owners here i n p e t i t i o n t h e E d e n P r a i r i e C i t y Council ,to consider making the following , described improvements(s): e" (General Location) • Sanitary Sewer -1)AlAi 8e.Cr-nf- 2c,A0 Ot/T 14 v' Watennain (i)(2.oposEo MEApow - al?. L OP Vf Storm Sewer 3 Street Paving Other Street Address or Other Legal 'Description of Property to be Served SEE 4 -1Thel4 t.YD LE:CAL (For City use) Date Received Nave,40, eg?,,e6 Project No. 6-e-fo Council Consideration 2:CCONMOL /4,04 - LEGAL DESCRIPTION That part of the east 812.50 feet, ae measured at right snglei4 of the ;Northeast :Quarter of Section 21, Township MU , Range 12H,, Hennepin County, Minnesota, and that part of Tract REGISTERED LAND NO. :751, files 61 the Registrar of Titles, said Hennepin -COuntyi lying westerly of the veatarly linesstABADOWTARR:2ND -4DDITION, according to the recorded plat thereof, said Hennepin County.: TOGETHER WITH Tract P, said REGISTERED LAND:SURVETHO'.. 75, except the vest: 266.10 feet thereof, as measured at rightYanglea. ) Mayor and City Council Sandra F. Werts, Recreation Supervisor December 9, 1986 Bicentennial of the U.S. Constitution MEMORANDUM TO: FROM: DATE: SUBJECT: • 1987 marks the 200th anniversary of the U.S. Constitution. United: States communities nationwide have been asked to take part in this anniversary celebration. The Eden Prairie Historical and Cultural Commission reviewed information on the Bicentennial of the U.S. Constitution forwarded to them by Bob Lambert, Director of Community Services, at their November 6; 1986• meeting. The Commission looked favorably on participating in this national event. Since September 17, 1987 is scheduled as Constitution Day', the Commission felt the event could be tied in with Sunbonnet Day and September as Eden Prairie History Month. Other possibililties include: involvement in an Ethnic Fair, 'essay contests, and involvement in school programs. The following motion was made at that meeting: MOTION: It was moved and seconded to recommend to the City Council the formation of an ad hoc committee on the Bicentennial of the U.S. Constitution with representation from the Historical and Cultural Commission. The motion passed unanimously. The Historical and Cultural Commission would appreciate the City Council appointing people to an ad hoc committee. The Commission does not have people to suggest at this time. Two to three people from the Commission would be , willing to serve on the committee and the Commission is willing to convene the first meeting. The term of office for the committee would depend on whether the committee would limit its celebration to 1987 or continue its work thru the national three year commemoration. Attached are copies of some of the information I have received. Most recently, I have received information on the Minnesota Humanities Commission Constitution Resource Center, which has a travelling exhibit, speakers bureau, and video tape series on the constitution available to local communities. SFW:md Commission on tho Eittnionnial nf ihn &ifEd Stalos Conslilution 734 Jackson Place, N.W. • Washington, D.C. 20503 202/USA4787 August 5, 1986 Dear Mayor: Next month in Annapolis begins the commemoration of the Bicentennial of the U.S. Constitution, a truly historic document worthy of an historic observance. Such a celebration needs the active involvement of communities everywhere, and for that we ask your help. Constitution Day itself is scheduled for Sept. 17, 1987, but like the original process of ratification through implementation, the commemoration will cover three years. Chief Justice Warren E. Burger, Commission Chairman, has said, "We can best honor our Constitution by giving ourselves a civics and history lesson on its origin and meaning.• We ask that you review the enclosed material and join the observance by becoming a Designated Bicentennial Community. This means forming a local commission to participate in the celebration. Because the federal Commission will be meeting in September, and has authority to recognize Bicentennial Communities, we hope you complete this application and are among the first communities so recognized. Our staff in State/Local Affairs is prepared to render any assistance whatsoever in facilitating this process, so please do not hesitate to call us directly at 202-653-9808. We appreciate your consideration and look forward to the participation of your community. Very truly yours, PaUl2t17:5 Director State/Local Affairs PC/sm Enclosures Warren E. Burger Chairman Frederick K. Bielsel AcIF Boggs 'Herbert Brownell Lynne V. Cheney Philip M. Crane William J. Green Edward Victor Hill Cornelia G. Kennedy Edward M. Kennedy Harry McKinley Lightsey, Jr. William Lucas Betty Southard Murphy Thomas H. O'Connor Phyllis Sch!ally 3ernard H. Siegan Ted Stevens Obert C. Tanner Strom Thurmond Ronald H. Walker Charles E. Wiggins Charles Alan Wright Mark W. Cannon Staff Director Ronald M. Mann Deputy Staff Director ktorret1014" DESIGNATED BICENTENNIAL COMMUNITIES Commemorating the 200th anniversary of the U.S. Constitution in 1987 is a national effort that should include the active involvement of states and communities. Designated BicentennMI Communities are important to the success of the celebration, and the first 200 will be honored through &special awards program Cities, towns, or counties accorded this early recognition will receive a distinctive reminder of this historical event. A Designated Bicentennial Community is one that establishes a Bicentennial committee representative of the community; incorporates a commemorative program to educate its residents about the meaning and significance of the Constitution and receives official designation from the federal Commission. Community requests for official designation must be approved by the state commissions. If a state commission does not exist, communities can forward their requests directly to Washington, D.C. Designated Bicentennial Communities are authorized use of the National Bicentennial Logo and serve as the coordinators for all local events. COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES CONSTITUTION Attn: STATE/ LOCAL AFFAIRS 734 Jackson Place, N.W. Washington, D.C. 20503 (202) 653-8808 BICENTENNIAL COMMUNITY APPLICATION The Commission on the Bicentennial of the United States Constitution takes great pleasure in extending to You and your community a cordial invitation to participate in the 200th anniversary of the writing of • this historic document. The creation and development of our representative government from Revolution through Independence and to the present is a remarkable story that is best commemorated through local. observance. The Bicentennial Community Program enables citizens of large' cities and small towns alike to participate in this recognition of American history. We sincerely urge you to join this program by completing the enclosed application. REGULATIONS ON DESIGNATING BICENTENNIAL COMMUNITIES The Commission encourages local governing bodies to establish Bicentennial Communities. The term "community" includes all political subdivisions having an elected government, such as a city, county, town, village, municipality, township, borough, any Native American tribe or reservation, or any combination thereof. Unincorporated areas which have an established identity of their own also may apply for designation. A Designated Bicentennial Community is one which (1) has established a Bicentennial Committee broadly representative of the Community; (2) has developed and approved plans for a commemorative program that will educate its residents about the meaning and significance of the Constitution; and, (3) has received an official designation from the federal Commission. To be considered a Designated Bicentennial Community, a community should submit a completed application form to its State Bicentennial Commission. Upon approval by the State Commission, the application with the State Commission's approval noted will be sent to the federal Commission for its review and decision. Notification of approval as a Designated Bicentennial Community then will be forwarded to the local Bicentennial group by the federal Commission. STATE/LOCAL AFFAIRS COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES CONSTITUTION 734 Jackson Place, N.W. Washington, D.C. 20503 (202)653-9808 Basic Data (Please Type or Print) DATE OF APPLICATION NAME ,OF COMMUNITY TYPE (city. ivuney, ete.) POPULATION ' STATE COUNTY COUNTY SEAT MAILING ADDRESS (include zip). . OFFICIAL NAME OF BICENTENNIAL _GROUP LOCAL BICENTENNIALCHAIRPERSON .PNONE NUMBER (include area code) MAILING ADDRESS • (include sip) NAME OF CNIEF,ELECTED LOCAL OFFICIAL - •.PHONE NUMBER (include area code) MAILING ADDRESS (include sip) Brief Outline of Bicentennial Plans BkentennialConnnunityApplication (Name of Community) Please list names, addresses and affiliations of the members of your Bicentennial group. If you need more space to list members, use blank sheets and attach. NAME ADDRESS AFFILIATION IT IS CERTIFIED: 1. THAT AS CHAIRPERSON TO SIGN THIS CERTIFICATION. 2. THAT ALL THE ABOVE 3, THAT THE UNDERSIGNED PROGRESS REPORTS 4. THAT IF APPROVED, WITH FEDERAL COMMISSION SPACE FOR OFFICIAL SEAL Certification OF THE BICENTENNIAL GROUP, I AM AUTHORIZED PROCEDURAL STEPS HAVE BEEN ACCOMPLISHED. OR MY SUCCESSOR WILL FURNISH PERIODIC WHEN REQUESTED. THE NATIONAL LOGO WILL BE USED IN ACCORDANCE REGULATIONS. Signature of Chairperson Signature of Chief of Elected Official FOR STATE COMMISSION USE ONLY Date Application Received. Official Name of State Bicentennial Commission Chairperson. Approved By (Signature and title of authorized officer) Date Sent to National Commission. COMMENTS: FOR FEDERAL COMMISSION USE ONLY COMMISSION ON BICENTENNIAL OF THE UNITED STATES CONSTITUTION STATE/LOCAL AFFAIRS DIVISION 734 JACKSON PLACE, kW. WASHINGTON. D.C. 20503 BICENTENNIAL COMMUNITY CLEARANCE FORM DATE RECEIVED REVIEWED BY DATE CHECK LIST: 01 State Approval 0 2.List of Members 03. Program 0 4. Signatures 0 5.0ther (see remarks) REMARKS: RECOMMENDED FOR APPROVAL BY. DATE APPROVAL GRANTED BY: DATE NOTIFICATION OF DESIGNATION (Dotes) STATE _ COMMUNITY Romer Chief Justice of the United Staten Supreme Court, Warren Monier. addressed an audience of over 2000. on the first day plate HUllace Conference on the Liberal Arts al Malik-SW GAWP in Si. Paul on September II. The conference non made possible by the late DeWitt Itidloce. Constitution Resource Center to provide speakers, videotapes and exhibits for the Bicentennial NO MINNESOTA 4 1" HUMANITIES The Newsletter of the Minnesota Humanities Commission Commission announces Bicentennial of the Constitution initiatives At its October meeting the Minnesota Humanities Commission announced several new initiatives designed to promote serious reflection on the meaning and importance of the United States Constitution. Among the new initiatives is a 550.000 set- aside program implemented to encourage groups and organizations to apply or grants for projects on the Constitution. Applicants interested in taking advantage of the set-aside should follow the standard application procedures. The stall at the Commission have been instructed to offer whatever assistance they can in helping to design programs and locate scholars and other experts Mr bicentennial protects. At the SWIM meeting. the Commission an- nounced the formation ol the Minnesota History Teaching Alliance. a project which will involve historians trout Minnesota col- leges, universities, and high schools. The historians will participate in a SUM- filer seminar on the Constitution to be held in June of next year on the campus of Macalester College in St. Raul and then meet once a month during the school year to con- tinue their work. The seminar will he led by Professor Nor. man Rosenberg of the Deparunem ol if istory at Macalester Colleee. Use AI innesota Is Made possible by grants trom the Bush Foundation. the Ilelow Foundation-aid the History leaching All i_nice Volume 12, Number 3 November 986 Scholars and other experts on the United States Consul ut ion. videotapes front the series -The Constitution: That Delicate Balance.- and an exhibit "The Blessings of Liberty - prepared by "Protect '57" - will be available for public programs begin- ning in inkl.November through lie Min- nesota Humanities Commission's Constitu- tion Resource Center. Supported by a grant trom the Los yer Trust Account floard. Me Constitution Resource Center is intended to meet the needs 01 groups IIIIIItestitt in promoting public ex..unination sit the Loney' StateS stitution during its bicentennial. Organi/ai ions that apply . 10 the Center isilt receive exhibits and 5 ideolapes lice of charge. All speakers who parliiipate ill cont. munity programs will be compensated by ith: Center. Local spOnsOrs soll be ft:tinned to trill tile fat:11111es. yoominat, put,i,, its ,s lid document their nine spent planning and un- plementing programs. All requests for programs will he han- dled on a first-come, first-served basis. The speakers available through the Center will address a broad range of topics. in- eluding the Constitution and the American revolutionary experience. Jolley and the Supreme Cinm, Women's rights under the Constitution: and :Minnesota cases that In- fluenced United States Constitutional law. A complete list of speakers and detailed descriptions in the videotape series and the exhilm may be obtained to n Ming to . Constitution Resource Center 23243 Si. Croix Frail N. Scandia. SIN 55tr13 (612i 433-yo. The Center is recognized as an official bicentennial activity by the :Minnesota Com- mission on the Bicentennial sit the United States Constitution. MEMORANDUM • TO: SUBJECT: DATE: Mayor - and City Council City Manager Human Rights and Service: Comets ion appointments December 42,:T986 With the resignation of Woodrow lijOrk injlovember and - James Van Horn's vacant seat, there are now two positions open r ofitile:HUrnan Rights and Services ConimissiOn. Attached Are resumes ,and/or letters 'Submitted by interested residents Each has been: called to determine continued 7 interest and areas of interest or :expertise. A - Matt -1)c is7:bttached7whiCh'shOwSareas •of interest and expertise of current commission: members as well as those of the candidates. Please -note: One person should be appointed to serve •to 2-28-87 and the other to 2-28-89. km attachments •-• aj 0 L . , I AREAS OF INTEREST AND/OR EXPERTISE I 1111111 II iiii _r i ., p ool 111111 Is lid w w Information/referral x Il Ai Housing (special pops.) Child care/day care 11 x x 1111 : II 1 Trans ortation Handicapped services x x x III 111¢1 :I Ili I/ 1 1111111111 Ill — IIII : 0 AI Communit / ublic educa. Mental health services „, !o r xxil You h ervi es x Chemical de . services Senior citizen services x II II II M x I h .,111;12 II 1 UIIIIU - I x 1 II Personal/public health di I Child/adult protection RACE OR ETHNIC Other x II IMMO • i x III II x x American Indian Black Latin Asian White ILI 0 4 65 Il Over • 1 11111 51-65 Wr6D 21-35 (n 6 Female x x Male x X YEARS ON COMPOSITION ANALYSIS Commission Term Members Expires Doug Beardsley 871 28 uosuqop bad uosloPe .wm , Leslie Thoreson 871 tf) u.1 .. . Kent Barker Steve Geiger Peter Iversen e; cl. .._ a) ,-. . rz Rod Olsen 1 Jackie Tornoe * i = interest I FEB 11 1986 15801 Cedar Ridge Road Eden Prairie, Minn... .55344 February 7, 1986 4tP, Mr.: Carl Julie, City Manager :'City of Eden Prairie -:Eden Prairie Road Eden Prairie, Mn. 55344 Re: Commission Appointments 461aaerri 41' Mum* tcwo us %ow 1/1“.1 n valrfe *64rCeS (OM . Dear Carl, Thank you for your recent confirmation that my term on our Development Commission expires this year. It has been a pleasure to work with the members of the Commission, you and others these past several years. I do not choose to ask for re-appointment to the commission, and believe that a new member would bring fresh perspectives to this particular Commission. As a long time resident, I continue to be concerned and interested in our Community, and would like to be considered for appointment by our Council should there be openings on the Human Rights or Park and Recreation Boards. Thank you, Mr. Dawson and other City Staff for their cooperative support in providing resources and valued information during my membership on the Commission. Paul Redpath 9745 Mill Creek Dr. Eden Prairie, MN. 55344 _2`• b" STEVEN P. GEIGER, PH. D. 16748 winrnNaroN WALK EDEN PRAIRIE, MINNESOTA 55344 Dear Paul, It has been some time since we have had the opportunity to talk with each other. As you may remember I was a Public Safety Officer from 1974 through 1980. In 1980 I left the department to pursue a Ph.D. at the University of Minnesota. Recently, my family and I have returned to Eden Prairie as residents. The purpose of this letter is to ask if there might be a task to which I could volunteer my time in a way that would benefit the city. Having been born, raised, and employed in Eden Prairie through the age of 27, I have been the recipient of many benefits. Now that I am back I would like to give a little in return. I am most interested in political/city work rather than an organization such as the Shriners or LIONS. I thought you might be able to offer some suggestions. A resume (a bit outdated) is enclosed to give an idea of my experience and expertice. Currently, I am a Product Manager in the Leadership (management) consulting and training division of Wilson Learning. I am also a Licenced Psychologist certified to practice counseling and Industrial psychology. If you have any thoughts on how I could help or who I might contact please let me know. Until then, thank you for your time. Sincerely, Wilson teeming CotpotntIon 0950 Wash.'s ton Avenue South Eden Phone. Minnesota 55344 Steven P. Geiger, Ph.D. Marketing Associate Leadership Curriculum /4046 '..P/%274040 .612/944-2880 STEVEN P. GEIGER Jordan t 5352 3105 Wes_tinat168 t 14.---si—/67tiatAljtwiL) (Aftit Ecka..?ertiç M.56-3cly -2016 Birthdate 4/18/53 Married Two Children 6.2143 ,1-,27o0 EDUCATION Ph.D. M.A. B.A. Licensed Psychologist, State of Minnesota, 1984 Doctor of Philosophy. University of Minnesota, Minneapolis, Minnesota, 1983. Major- Family Social Science, Minor - Business Management Master of Arts, College of St. Thomas, St. Paul, Minnesota, 1919. Major - Counseling Psychology Bachelor of Arts Cum Laude, University of )iinnesota, 1974. Major - Family Studies and Criminal Justice Studies (inter-departmental) INC)RIK EXPERIENCE PtA64-1C4-?izodu-e# rrtnoNe. p.4444.454 6/84 - Marketing Associate, Wilson Learning Corporation, Praaaate-Minneapolis, Minnesota. Duties: Provide training, 1,2106 consulting, program development, and act as a content expert in Leadership Currriculum (full-time) 8/33 Senior trainer, Wilson Learning Corporation. Duties: 5/84 Provide management, leadership, sales, and customer contact-based training to business organizations (full-time) 7/83 Director. Peace Officer Resource Associates, Inc., Minneapolis, Minnesota. Duties: Manage and direct four Ph.D. and Master's level psychologists in a Law Enforcement oriented corporation; provide education, training, counseling and research to Law Enforcement organizations (part-time) 2/83 Psychological Consultant, Los Angeles Police 6/83 Department. Behavioral Science Services, Los Angeles, California. Duties: Provide psychological training and program development at the Los Angeles Police Academy, provide therapy for department personnel (full-time) 9/82 Psychological Intern, Los Angeles Police Department, 2/83 Los Angeles, California. Duties: Conduct training, therapy and research within the Los Angeles Police Department (full-time) 9/82 - Consultant, Wilson Learning Corporation, Minneapolis, 6/83 Minnesota. Duties: Provide special consulting expertise to Law Enforcement organizations (part-time) 6/81 - Research Associate, Wilson Learning Corporation, 9/82 Minneapolis, Minnesota. Duties: Research and develop educational seminars for Law Enforcement; instruct Law Enforcement classes and seminars (part-time) 9/81 - Research Assistant, University of Minnesota. Duties: 6/82 Provide general research assistance to Professor M.A. Guadagno (part-time) 1/81 - Teaching Assistant, University of Minnesota. Co-teach 6/81 the class, "Human Sexual Behavior" to juniors, seniors and graduate students (part-time) 7/79 - Detective/Supervisor, Eden Prairie Public Safety, 11/80 Eden Prairie, Minnesota. Duties: Supervise Youth Services Unit, Crime Prevention Unit, Community Service Officers and student interns. Conduct criminal Investigations and act as the school liaison officer (full-time) 1/77 - Juvenile Officer, Eden Prairie Public Safety. Duties: 7/79 Police/school liaison officer and criminal investigator (full-time) 1/75 - Patrol Officer, Eden Prairie Public Safety. Duties: 1/77 General patrol (full-time) 8/73 - Community Service Officer, Eden Prairie Public Safety. 1/75 Duties: Provide police services not requiring a licensed peace officer (full-time) 6/72 - Fire Fighter, Eden Prairie Volunteer Fire Department. 12/76 Duties: General fire fighting, pump operator, driver, and rescue squad attendant (part-time) HONORS AND DISTINCTIONS CERTIFICATE OF MERIT, American Red Cross CERTIFICATE OF COMMENDATION, State of Minnesota DISTINGUISHED SERVICE AWARD, Minneapolis Builders' Association LETTERS OF COMMENDATION (8), Eden Prairie Public Safety LETTERS OF APPRECIATION (5), Eden Prairie Public Safety President, Hennepin County Chief's Juvenile Advisory Committee, 19 79 Member, Hennepin County Juvenile Justice Task Force, 1979 Member, Governor's Task Force on Juvenile Justice, 1980 Member, State of Minnesota Juvenile Justice Advisory Committee, 1980 PUBLICATIONS Geiger, Steven, "Police and Youth Diversion", Minnesota Police Journal, Vol. 53 (2), April. 1981 Geiger, Steven, "What's This Talk Minnesota Police Journal, Vol. 53 Geiger, Steven, "What's This Talk Minnesota Police Journal, Vol. 53 About Stress? Part I", (4) August, 1981 About Stress? Part II", (5), October, 1981 Reiser. Martin and Geiger, Steven. "The Police Officer As Victim", Professional Psychology: Research And Practice, 1984 Geiger, Steven„, !Developing- a Workable Survivor Support Policy7, Police Chief, Vol 141(2.), February, 1.945. . LAW ENFORCEMENT TRAINING Basic Police Science Course (police academy) Intermediate Command School Drug Enforcement Administration, Narcotics and Dangerous Drug Course Juvenile Officers Institute Criminal Investigation Course Stress Management Course Emergency Medical Technician Course Crash Injury Management Emergency Care Course Advanced First Aid Traffic Adjudication Course Advanced Driving School for Police Officers Investigative Hypnosis Dr. Gary Peterson Honorable Mayor of Eden Praire, KW Dear Dr. Peterson: My name- is Peter G. Iversen, I've been a resident of Eden Praire since 1970. My Wife and I :have 3 children who attend the Eden Praire public school ,system. I wish to be considered for the openings On the Eden PraireEnman Rights*C6mMission. I am a 24 year Honeywell employee,: :currently the Labor Relations Manager in the Defense Systems Division. 1 have worked closely with management and employee groups on:RumanRights issues, various types of minority issues,: including EEO Goals and interface with Many internal and outside compliance groups which monitor employers such as :-. Honeywell that do alot of work for the Federal-Government.- If I can be of service to the citizens of Eden Praire please contact me. References can be supplied upon request. Sincerely, L. Eater G. Iversen 17850 Evenston Rd. Eden Praire, MN 55344 934-2454 DEFENSE SYSTEMS DIVISION HONEYWELL INC.. NEW BRIGHTON, MINNESOTA 55112, TELEPHONE 812/638.5000 /right cf ()prO. C.0»srA. 'b° January 20, 1986 • Dear Mayor Peterson and City Council Members, I am most interested in serving on the Human Rights and Services Commission. I have been involved in local government most of my adult life and, since moving to Eden Prairie twelve years ago, I have been involved in city caucuses and precinct work. More importantly, I care about people, their problems and services. I have been a teacher in the Robbinsdale School District for nineteen years, and have worked extensively with learning disabled and emotionally and behaviorally disturbed children. I hold a Masters Degree in Special Education and am currently on sabbatical leave pursuing a Specialist Degree. I offer the following as backgroud: - PROP volunteer (just beginning) - Washburn Child Guidance Advisory Board - Chemical Dependency Awareness Trainer (trained at the Johnson Institute) - Coursewrork in aging - Coursework in counseling - Training in multicultural awareness - Training in human relations - Metro Educational Cooperative Service Unit Advisory Board • Association - North Central Evaluation Team, EP Middle School, 1984 - Member, St. Andrew Lutheran Church I seek this appointment through no one particular issue, but because of a general concern for meeting human needs and a desire to work for my community. I have the time now to pursue this position and feel I would benefit Eden Prairie by serving on the Human Rights and Services Commission. Thank you for your consideration. I would be happy to meet - Leadership experience, Minnesota Education with you to discuss any questions or concerns. Fred -Baumann and Virginia Gartner have consented to serve as references. Sincerely, 14,1 Gail Leipold 15466 Village Woods Drive Eden Prairie, 55344 937-2555 February 3, 1986 FEB 4 1986 Services 21 Mayor Gary Peterson City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Thank you for your consideration and the opportunity to serve our community. I look forward to hearing from you. Rod R. Olsen 7610 Heritage Road Eden Prairie, MN 55344 P. S. I have also expressed interest in the Parks, Recreation and Natural Resources Commission. Commission Re: Human Rights and Services Dear Mayor Peterson, I am interested in serving on the Human Rights and Commission. After tailing with Jan Calhooli, 'my background maybe of interest to you .: I.'have over twenty years experience in management including 'over twelve :Years im:-fluman Resources/Personnel. My position requires working with Hut= Rights,: Civil Rights, EEO commissions, etc. The last six years I have worked in the long term health care field. My department is constantly involved, in : working with various interest groups to reach decisienS While maintaining a careful balance so as to keep these groups working toward common goals. My involvement in community activities, work experience, and interest provide me with a solid background to be an asset to the community. jArKs itit-,4 tlafl Weratyces flmantifoi lri .krivvtor_Cbisa FFR A 1986 February 3, 1986 Mayor Gary Peterson City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Parks, Recreation and Natural Resources Commission Dear Mayor Peterson, I am interested in serving on the Parks, Recreation and Natural Resources Commission. We need to develop neighborhood parks, community parks and athletic complexes that meet our community needs while preserving our natural resources. As Vice President of Human Resources for the Northern Division of Beverly Enterprises, I am responsible for planning, development, training, implementation and evaluation of all Human Resource Programs for over 14,000 health care employees. My job involves working with various interest groups to reach decisions while maintaining a careful balance so as to keep these groups working toward common goals. Our family has lived in Eden Prairie a little over three years. We have been active in youth athletics. I have coached T-ball, soccer, and hockey and served two years on the Soccer Association Board coordinating fields with Stu Alexander. I have also been active in neighborhood activities including acting as a spokesman with Chris Enger and the Planning Commission regarding neighborhood development. Thank you for your consideration and the possible opportunity to serve the community on the Commission. I look forward to hearing from you. Sincerely, Rod R. Olsen 7610 Heritage Rd. Eden Prairie, MN 55344 937-9832 11 0 5 4 4- P.S. I have also expressed interest in the Human Rights * "/ , NY- sv- loZ1- •;.'t \‘i TY- Services Commission. ) likffian Itylkir. titti,*(t'r 6M1L ' 3 1986 11371.Mount Curve Road Eden Prairie, MN 55344 Jimaryy19, 1986 GaryD.'rleterson, Mayor Eden Prairie City Council 8950 Eden Prairie Hood Eden Prairie, MN 55344 Dear Mayor Peterson and Coluicilmemberas I am interested in send:4 on thelden.Prairie Human ;Rights and Services Commission,--: My educational background in,,the -rield-of:Nursing and I have had experience serving on committees involved with etite:andconmmnity health planning. .1:hAvebeen aHresident of Eden Prairie for six years I am currently employed alva Certified NurseMidWif*at Hennepin County Medical Cemnter. A complete resume ef,myvhication ancUeXperienceili-available upon request. Ja queline L. Tornoe,CEM,MS Telephones 9419145 (Mornings) MEMORANDUM TO: THRU: FROM: DATE: SUBECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services —P-L- December 5, 1986 Trails Serving the Purgatory Creek System In 1976, Brauer and Associates completed the Purgatory Creek Study for the Ci t y o f Eden Prairie. This report was presented as a "framework for preservation, m a n a g e m e n t and recreational utilization of the Purgatory Creek valley in Eden Prairie . " The specific objectives of the study were to: 1. Refine and define the open space corridor along Purgatory Creek as delineated b y the 1968 Comprehensive Guide Plan. 2. Identify recreational uses compatible to the "needs" of Eden Prairie resi d e n t s i n the suitabilities of the "creek scape." 3. Develop a linear system (if appropriate) that would "fit" the existing com m u n i t y recreation concept and enhance future development plans. 4. Develop a resource management plan based upon planning recommendations. 5. Make recommendations for boundary treatment for the corridor edge in vario u s l a n d use situations. One of the goals stated in the Comprehensive Guide Plan of 1968 was to pres e r v e primary natural amenities which include the Purgatory Creek water course th r o u g h t h e entire city. The Purgatory Creek Study refers to the "plan intent" of the 1968 Guide Plan t o "reserve the entire creek corridor in a natural, or managed/natural state an d t o utilize that area for recreational uses consistent with the conservation classification defined in the plan." Attached is a copy of a map of the Village of Eden Prairie as it appeared at t h e t i m e of the Purgatory Creek Study. At that time, the majority of the land adjace n t t o t h e creek valley was undeveloped. Although, at that time, the majority of the c r e e k valley land could probably have been purchased relatively cheep ($500-$1000/ a c r e ) b y today's standards, the City did not have funds available to immediately foll o w t h r o u g h with the recommendations of the study. There is approximately 800 acres of f l o o d p l a i n in the Purgatory Creek system within the City of Eden Prairie, and the Purga t o r y C r e e k Study recommended acquiring not only the floodplain, but some of the slopes o f t h e creek valley as well, which would have tripled the amount of land necessa r y t o a c q u i r e the entire Purgatory Creek valley throughout the City. Much of the prope r t y , especially that portion of the valley east and south of Highway 169, woul d h a v e b e e n at least $10,000 per acre, even in 1976, and some of the creek valley woul d s i m p l y n o t have been for sale. For example, in the Paradise Valley portion of the cr e e k a n d t h e Edenvale Golf Course section. S It is obvious that if the City acquired as much property as recommended by the Purgatory Creek Study and constructed trails in all the locations suggested in 1976, the cost to the City could easily have been in excess of $5,000,000 ten years ago, whereas, the cost today would likely be in excess of three times that number. What the City has done thus far is to require developers to dedicate the floodplain to the City and to preserve the creek valley slopes in their natural condition through scenic easements. In several locations the City has acquired, either through tax forfeiture, park dedication or a gift, large tracks of land in and adjacent to the Purgatory Creek floodplain. In these locations recreation trails and in some cases nature trails are proposed. There are several segments of the creek corridor that have some potential for trail development; however, the feasibility of trail construction and maintenance has yet to be determined. All of these segments of the creek corridor are in the lower end of the valley south and east of Homeward Hills Road. It should be noted that the City will ultimately own over 1000 acres of land in the Purgatory Creek valley and will own the majority of the floodplain along the creek. Although formal trails may not be developed along the entire length of the creek, the public would be able to walk within the floodplain along the majority of the creek throughout the community. The City of Eden Prairie has thus far done a tremendous job in preserving the Purgatory Creek valley in its natural condition, which is the major intent of the Purgatory Creek Study. The City will not own as much property as suggested in the study, nor will the City be able to construct trails in all of the areas suggested in the study, however, well over 90% of the creek valley will be retained in its natural condition and there will be trail systems providing access to much of the valley and along approximately 50%-65% of the creek system. There are certain portions of the creek valley where the proximity of residential development will eliminate the feasibility of a trail. The City simply cannot afford to acquire a sufficient setback from the creek within these sections to accommodate a public trail. The following portion of this report will list the recommendations of the Purgatory Creek Study, by sector, and compare those recommendations with the action the City has taken relative to that sector to date. DUCK LAKE TRAIL SECTOR Recommendations: "A major element within this area is the "marsh". The area between Highway 101 and the marsh should be protected for trail development. The marsh should be utilized for both active and passive recreational purposes. This would include wildlife observation trails and opportunities for interpretive developments. The development of trails should initially include peripheral marsh trails." Control: "The area between Highway 101 and Duck Lake Trail can be maintained with the protective 60 acres per creek mile concept while the "marsh" requires broad reaching controls to maintain the environment and unique habitat. This would require protection to the 910 feet above mean sea level contour (approximate). The marsh is one of the atypical areas within the creek system whihh requires regulation beyond that which is included in the 60 acre concept." CITY ACTION The City owns approximately half of the floodplain along Purgatory Creek between Highway 101 and Duck Lake Trail. The City has acquired approximately 120 acres of the marsh between Dell Road and Duck Lake Road, and intends to acquire approximately an additional 50 to 60 acres of this marsh as development occurs. The City acquired beyond the 910 contour in many locations, but generally has followed the 870 contour. The majority of this land has been acquired through dedication and tax forfeiture. There will be trails through the middle of the marsh between Dell Road and Duck Lake Road and there will be limited active use recreation areas developed on the perimeter, with the majority of the area preserved for passive recreation (picnicking and walking) and nature observation. EDEN FARMS SECTOR Recommendations: "It is important that lands be set aside in this sector for neighborhood recreation as well as for trail development. The area has a high potential for prairie vegetation management and for neighborhood recreation. Trail development should be peripheral to take advantage of the views up and down the valley. An interior trail could follow the sanitary sewer route. The use of bike trails is not compatible. The glacial ponds should be included in this restoration project." Control: "The 60 acres/mile concept (acquisition of 250 feet on either side of the creek) would be appropriate to this sector. Additional property will have to be obtained in the northeast corner for neighborhood recreational purposes, including the pond." CITY ACTION Through the Chatham Wood plat and the Timber Creek PUD, the City has commitments for dedication of the Purgatory Creek floodplain along this entire sector, as well as preservation of the wooded slopes through a scenic easement. Within the Timber Creek PUD the developer has agreed to dedicate nearly 60 acres of the floodplain, as well as the wooded hill and glacial pond in the northeast corner in lieu of a density transfer. The developer has also dedicated an 8 acre neighborhood park for neighborhood recreation north of Duck Lake Trail, west of County Road 4. PARADISE VALLEY SECTOR Recommendations: "Trail connections are not practical through this sector due to proximity of residential development to the creek edge and limited opportunity for developing an adequate crossing at the railroad without traversing a severe slope. Trails should be developed on the high land west of the creek where an on grade crossing of tracks can be achieved. Easements could have to be obtained for this purpose." Sixty acres per mile restrictions are recommended." CITY ACTION Single family housing has been platted to the center of the creek in the location between County Road 4 and the railroad tracks. Any trails along this section of creek are virtually not feasible due to the location of the existing homes. EDENVALE SECTOR Recommendations: "The creek corridor is acting as a diagonal spine through the community, off which connections should be considered to tie other recreational areas to the system. Round Lake Park is an area which should be connected to the system. Additional trails should be developed to take care of anticipated needs. Priority would be to develop a system along the well defined east edge allowing the "soft" west boundary (marshland) to remain less accessible while maintaining it for open space education programs." Management: "Vegetation within the marsh community is in an advanced stage of succession through which the marsh is changing to brush. To maintain this area for diverse vegetation and wildlife species periodic cleaning should occur - fire is one method. If the area is allowed to deteriorate to brush most wildlife and marsh plants will disappear." Control: "The east and west ridges provide maximum visual protection for this area. Little can be done with the peninsula development (Hillcrest Court) except to encourage the landowners to maintain marsh edge condition. The depth of protection on the east side will be minimal due to the terrain; the west edge would be quite extensive. In this case, as in other atypical areas, the 60 acres per mile criteria apply, but the floodplain is broader and its significance is taken into account in defining the west boundary." CITY ACTION The City has acquired approximately 110 acres of the marsh and adjacent land through park dedication and tax forfeiture. There is approximately 30 acres of floodplain in the northern area that is still proposed for acquisition by the City when the adjacent land is developed. The City has proposed a trail along the east edge (sanitary sewer line) as proposed by the study with a connection to Hillcrest Court via a pedestrian bridge, and a environmental education trail for use by the school and the neighborhood along the west side as proposed by the study. GOLF COURSE Constraints: "A tight corridor has been created by the development of the golf course and the industrial park. Future use will be limited by the physical development rather than by natural features." Opportunities: "Opportunities exist to create some outdoor spaces for employees of the industrial park and provide a corridor for connecting trails." Recommendations: "Increased visability of a recreation facility, and access (non motorized) can be provided industrial development by developing a trail along the south edge of the creek corridor. Plantings should be done to improve the visual quality through this sector." ^ CITY ACTION The City has not attempted to develop a trail corridor along the back lots of the industrial park as recommended; however, this may be more feasible and desirable in the future if the railroad tracks are abandoned and developed into a City trail system. The major purpose for developing this section of trail would be to serve the employees of the industrial park as indicated by the study, and would only be feasible if the owners of the industrial park property would dedicate the trail easement. MITCHELL SECTOR Opportunities: "Develop open space linkage and trail corridor between the Edenvale Development and the MCA. The valley floor provides adequate space for trail development." Recommendations: "This sector should provide trails for pedestrians and non motorized vehicles between Edenvale residential, commercial, institutional and industrial development, the major open space, and the MCA south of Highway 5. A pedestrian underpass should be negotiated with Highway Department a the point near the present creek and Highway 5 crossing before the Highway 212 corridor plans proceed further." The 60 acre per creek mile concept is recommended." CITY ACTION The City has required the developer to file a scenic easement over the creek valley, and has required the developer to construct an aglime trail along the north side of the creek the entire length of the creek from Mitchell Road to Highway 5. The City has agreed to construct a bridge crossing that will eventually allow individuals working in the industrial park, north of the creek, access to the restaurants and other commercial development on the south side of the creek. The aglime trail has been constructed from Mitchell Road, east to the Highway Department property. When Highway 5 is upgraded, the trail will be extened to the proposed 8 foot asphalt trail along the north side of Highway 5. The City was not able to get a bridge under Highway 5 in this location; however, there will be direct trail access to the controlled intersection at Prairie Center Drive. The trail will then follow Prairie Center Drive south; then westerly along Technology Drive back to a creek corridor trail that will border the Purgatory Creek Recreation Area. MCA SECTOR Opportunities "Opportunities exist for a variety of uses including open space, field games, golf, snowmobiling, cross-country skiing, dog trails, etc." Recommendations: "The lowland south of Highway 5 should be retained as major open space within the MCA. The vegetation in this area is at present a monotype consisiting of grasses and shrubs. This is in a successional stage which will gradually become dense brush, 4: thereby, eliminating the long vistas now present. Through management of this highly visible space, aesthetic and recreational value can be enhanced. Initial trail development should follow the west marsh edge with future development (internal and peripheral) as necessary. The tight corridor between the marsh and Staring Lake recreation area provides an excellent trail linkage. Access to the connecting trail can be gained at either end of the valley and at a point midway through where a field road crosses the creek. Recreation uses of the open space may include field games, hiking, bicycling, etc." Management "The marsh has little value as habitat in its present condition, but as the water level could be controlled at the creek's outlet from the marsh, the ideal use would be the development of a shallow wildlife flowage. A dike and a control structure would be needed, after which higher water levels would control successional vegetation. The recommendation is to achieve an area defined by the 830 contour. While this is in excess of the defined 100 year flood limits and substantially in excess of the 60 acre per lineal mile concept, the determination is in accordance with the objectives of the concept and recreational needs. Control for the corridor to Research Road should be accomplished through the 60 acre per mile creek concept." CITY ACTION The City has adopted the Purgatory Recreation Area Concept Plan that would require dedication of all land below the 824 contour, which is the 100 year elevation contour. The concept plan would develop a trail system around the perimeter and with some interior trails, as well as development of some open water ponding areas and some active use areas - possibly a golf course. The City has begun acquisition of some of the parcels. The remaining parcels will be dedicated as adjacent lands are developed. The City has acquired the majority of the creek valley between the MCA floodplain and Staring Lake Park at width similar to the recommendation of the study. STARING SECTOR Recommendations: "Facilities for picnicking, nature interpretation, canoeing, sailing, fishing, swimming, should be provided at Staring Lake. This area will become a major recreation focus in the southern portion of the community, serving developed and developing residential areas. The first action that must be taken is to improve water quality and remove rough fish." "The trails developed in this area will serve both the lake user and the person who is moving through the area. Initially a loop trail should be developed around the lake. Off this loop, trails could be developed toward Highway 169/212 and Red Rock." "The area should be managed for recreational use rather than for habitat." CITY ACTION One hundred percent of the shoreline around Staring Lake is now publicly owned and the City has a lease agreement allowing a trail around the entire lake. This trail was completed in 1984. A trail connecting Staring Lake with Red Rock Lake is proposed with the development of the Red Rock Ranch proposal and a trail along Purgatory Creek from the loop trail to Highway 169/212 is proposed in the future when Highway 169 is upgraded with an asphalt trail that is proposed along the west side of the highway. ! •n•,•••• SUNNYBROOK SECTOR Constraints: "Topography and structural location east of Creek Knoll Road limits the accessibility of the creek." Opportunities: "Trail development to link future Preserve, Edenvale South, Hustad, Olympic Hills, etc. Developments to major community recreation areas. The trails leading south out of this sector enter some of the most exciting landscapes in the community." Recommendations: "Trails close to the creek through the first half of this section (from Highway 169 to Homeward Hills Road) would serve to link existing and future development in the area. At a point approximately halfway through this section, the character of the creek changes dramatically, the adjacent slopes steepen, the vegetation becomes dense, fewer and fewer homes can be seen. This characteristic continues throughout the remaining length of the creek. It is at this point that the corridor use also changes. Until now, accept for the upper most reaches of the creek, the use of the corridor has been for active recreation. Now the trail(s) will become more primitive, less refined, fewer points of access, and longer distances between points of access." "The trails for hiking will be located in a ravine adjacent to the creek and designed to move from side to side as major obstacles are encountered. Other trails associated with residential development, may be located on the "rim" above the valley floor to take advantage of the scenery." "The bicycle and other vehicles motorized and non-motarized should be excluded from use of the creek edge routes." The standard 60 acre per creek mile restriction should be employed in this sector. CITY ACTION The City has acquired the property between Highway 169 and Creek Knoll Road, as well as the floodplain between the Creekwood Development and Homeward Hills Road. This area is referred to as Creekwood Park. Due to the proximity of the single family development on both sides of the creek between Creek Knoll Road and Homeward Hills Road there is no plan for a trail system along the creek; however, it is the intent of the City to eventually own the majority of the floodplain in this location. The City is presently reviewing the single family residential proposal located on the north and east side of the creek between Homeward Hills Road and Highway 169. Although, the south and west side of the creek has the best potential for a trail system along the northern portion of this section of the creek just east of Homeward Hills Road, the trail would eventually have to cross to the east side and back again to the west a minimum of three times and perhaps as much as five times between Homeward Hills Road and County Road 1. At this point, the creek valley becomes relatively narrow with steep wooded slopes. In order to construct a trail outside of the floodplain, the City would have to acquire a minimum of 50 feet of property above the 100 year flood elevation and the construction of the trail would require many retaining walls, as well a minimum of three bridges. A conservative estimate for the cost of a 6' wide aglime trail that would begin at t h e bridge crossing of Purgatory Creek and Homeward Hills Road, southeast to to County Road 1 would be approximately $200,000 for acquisition and development, and could v e r y easily triple that depending on the cost of the property and the length and heigh t o f retaining walls that would be required. There will be an 8 foot asphalt trail adjacent to Homeward Hills Road and Count y R o a d I that would basically parallel the creek in this location. The experience of w a l k i n g along Homeward Hills Road and County Road 1, obviously will not compare with th e experience of walking along Purgatory Creek; however, the City must weigh the value of that section of trail compared to the cost for acquisition, development and maintenance. The Community Services Staff would recommend acquiring all of the floodplain along This section of the creek marking City ownership with vrsible boundary markers and allowing people to will7along a "-nature trail" type of path within fl000WT, but not developing a formal path along tgri-section of the creek. A nature trail would simply mean the City iiCri cl gru b out unaliTotliTT —lhere necessary, remove fallen trees, and perhaps mow a path 2' wide. This type of trail could be developed within the floodplain along the entire length of the creek where the City owns the floodplai n . The major expense would then be pedestrian bridges, which should be narrow (3') w o o d structures that would have to be installed by helicopter in many areas. LOWER PURGATORY CREEK SECTOR Recommendations: "This is a priority area for protection. To do this it requires establishing management goals, controlling or limiting access to the valley floor, limiting tr a i l development to minimum widths and natural surfacing materials, and restricting development on the slopes. The valley floor trail should be designed to move from bank to bank, providing the user with as diversified an environmental experience a s possible. The bluff or "rim" trails should be encouraged for multiple use and coordinated with development." Management: "This sector should be maintained in its present condition as much as possible. Access should be limited, pedestrian traffic only in the valley floor area, and development setbacks from the "rim" enforced." Control: "Maximum protection would include an area defined by the "rim" on the east and w e s t sides of the creek valley. If this standard cannot be obtained, a minimum 60 ac r e p e r mile should be adopted with a "transition" area extending beyond that line to th e "rim" line. Within this "transition area" land use type and density should be evaluated." CITY ACTION The City has acquired the floodplain on the west side of the creek, south of Cou n t y Road 1, to an area south of Runnel Circle. The floodplain on the east side of the creek in that same location has been platted into an outlot and is owned by a homeowners association. All of the subdivisions south of this point that abut Purgatory Creek have dedicated the floodplain to the City and several of the developers have committed to dedicating the floodplain, as well the steep wooded slopes to the City as a gift in the future. During the public hearings on the Purgatory Creek Study, there were many negative comments on ever developing trail systems adjacent to the creek south of County Road 1 due to the fragile eco system in this location. The City has acquired the floodplain and some of the adjacent banks in this location that will essentially keep the City's options open in the future for possible trail development either within the floodplai n or on adjacent banks. Trail development of natural material such as woodchips, or simply mowing and brushing a nature trail is feasible within the floodplain providing there is limited use of the trail system." The City has identified two lcoations for proposed creek crossings that would connect trail systems along residential streets on both the west and east side of the creek. One creek crossing is proposed immediately east of Homeward Hills Park. The other creek crossing is proposed west of Franlo Park. The City has received two land donations in this vicinity within the past five years. SUMMARY Facts: 1. There will not be a trail system along the entire Purgatory Creek valley throughout the City of Eden Prairie. 2. There will be trails along six segements of the creek valley. All of these trails are innerconnected through trails along City streets and highways. 3. The majority of the creek valley will be preserved in its natural condition through City ownership of the floodplain and through scenic easements of the valley slopes from the valley floor to the "rim". 4. Although decisions have been made by the City regarding trail systems proposed for the creek valley north and west of Highway 169, trail systems east and south of Highway 169 have not been confirmed by the City Council, although, they are recommended by the study. 5. Staff Recommendations for trail development south of Highway 169 are as follows: a. No trail between Highway 169 and Homeward Hills Road. b. An informal trail within the floodplain from Homeward Hills Road south to County Road 1 with acquisition of approximately 1/2 acre to accommodate tis trail. c. Continue to acquire all of the floodplain and as much of the steep wooded slopes of the Purgatory Creek valley from County Road 1 south to the Minnesota River to maintain the option for a nature trail in this location in the future. d. Continue to plan for trail crossings of the creek valley in the vicinity of Homeward Hills Park and west of Franlo Park. :gr-; If the City Council wishes to pursue a more deta i l e d s t u d y o f the feasibility of a trail adjacent to the creek in any location south and east of Hig h w a y 1 6 9 , s t a f f w o u l d recommend contracting a consultant to provide thi s i n f o r m a t i o n t h r o u g h a d e t a i l e d study of not only the costs and location of the t r a i l , b u t a l s o t h e i m p a c t o f a t r a i l on this section of the creek valley. sector map 7 purgatory creek 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 December 3, 1986 Park Facility Reservation Policy Attached is a copy of the park facility reservation policies a p p r o v e d b y t h e C i t y Council on August 17, 1982. This policy covers ballfields, pi c n i c a r e a s , a n d buildings. The policy defines who may reserve public faciliti e s , w h a t f a c i l i t i e s m a y be reserved, how many people they accommodate, and the fee for r e s e r v i n g t h o s e facilities. Also, attached to this memo is a copy of a proposed updated f a c i l i t y u s e p e r m i t f o r m . This form covers the reservation of the park shelters and a d j a c e n t p i c n i c a r e a s a t Round Lake Park and Staring Lake Park, as well as the old Seni o r C e n t e r ( O u t d o o r Center) and skating rinks after regular hours of 9 p.m. on w e e k d a y e v e n i n g s . The Community Services Staff who are responsible for dealin g w i t h t h e p u b l i c o n reservation of public facilities have provided a list of exi s t i n g p r o b l e m s a n d concerns voiced by staff and citizens, as well as suggested s o l u t i o n s : 1. The existing fees are based on the size of the group. It has b e c o m e o b v i o u s t h a t many groups indicate on the reservation form that the size of t h e g r o u p i s s m a l l e r than the number of people that will actually attend the event , t h i s a l l o w s t h e m t o pay the lesser fee. Solution: Have a single fee for the two enclosed buildings ($50) and a s i n g l e f e e for the open sided park shelter ($25). 2. Reservations from January 1 until June 1 are limited to ind i v i d u a l s a n d c o m p a n i e s located within Eden Prairie. On occasion out of town compan i e s " g e t a r o u n d " t h i s rule by having an individual within the community reserve t h e f a c i l i t y f o r a "family reunion" or private party. Solution: Require person applying for the facility reservation to s i g n a statement on the form indicating who will be using the facil i t y , a n d a c c e p t i n g responsibility for all damages, cleanup, etc. with damage de p o s i t o f $ 2 5 . 3. There are many requests from Eden Prairie residents to reser v e t h e s e f a c i l i t i e s after June 1; however, these facilities are booked solid fro m e a r l y M a y t h r o u g h mid-September. (Round Lake facilities are available for res e r v a t i o n o n F r i d a y , Saturday and Sunday; Staring Lake facilities are available 7 d a y s a w e e k . ) Solution: Restrict reservation of all park facilities to Eden Prairi e r e s i d e n t s and Eden Prairie companies. 4. The existing charge is the same for any group no matter how m u c h e l e c t r i c a l service they require or water, etc. they may use. (Example: S o m e g r o u p s w i l l roast a pig for 6-8 hours and perhaps have a dunk tank requir i n g s e v e r a l h u n d r e d gallons of water.) Solution: Charge an extra $10 for extraordinary services such as water for dunk tank, electrical service for bands, pig roasts, or other extended electrical use. (Whenever an extension cord is used to tap into the building electrical for exterior use.) 5. Although the buildings are cleaned by the park maintenance staff on Fridays, and groups are requested to clean up after themselves, often the buildings are not clean for the groups that want to use them on Saturday or Sunday. Solution: Hire part-time employee to not only open and close facilities, but also to sweep, mop, etc. after group use. 6. Although the permit states clearly that the attendant will arrive at the building at the time stated on the permit, (and is not required to wait for the group to arrive,) often the group will not arrive until 30-45 minutes after the time written on the permit. When this happens, the group generally contacts the Public Safety Department, who are then required to track someome down with a key to open the building. The same problem occurs when groups leave the building. The application requires someone from the group to stay at the building until the attendant arrives. The attendant will arrive at the time the group has indicated on the facility use permit and find the building standing wide open and no one in attendance. The City has been very fortunate not to have any major vandalism occur during these unattended periods. Solution: Loss of damage deposit if group does not wait for attendant to lock up, or is more than 15 minutes late in arriving for opening. 7. Companies with a small office in Eden Prairie (5-10 employees) will reserve the facility for their "company picnic" which turns out to be the main office in Minneapolis (500 employees). Solution: City Council should determine if the City should continue to allow this to occur. The position taken in the past is that "as long as the company is a tax payer in Eden Prairie (no matter what portion of the business) the City should allow the entire company to use City facilites. 8. The existing policy allows non profit City organizations to use the facilties free of charge. The City had 26 such users in 1986 and many additional requests, however, the buildings were in use. Many of these are for groups such as Boy Scouts, Rotary, Jaycees, Athletic Associations, etc. Recently, we've had several requests by Boy Scout groups to reserve the Staring Lake shelter on a regular basis. Staff have concern for this type of use for two reasons: 1) The City must pay for a part-time person to open an close these buildings (as well as the cleanup), and 2) This begins to limit the use of a facility such as Staring Lake Park Shelter to a few users when there is a high demand from the community. Solution: Adopt a policy that doesn't allow any group to use the facility for regularly scheduled meetings, and charge all groups at least the amount the City must pay the part-time person for opening, closing and cleanup of the facility. 9. In the past the City has allowed an occasional private group to reserve an hour or two at various skating rinks. As these requests have increased, City staff have received complaints from general users of the opening skating periods. :The City should restrict reservation use of a l l o u t d o o r s k a t i n g r i n k s to public service organizations that provide s e t - V i c e t o a l l E d e n ' P r a i r i e - residents such as the Eden Prairie Hockey Association; as:iivell%4S_ C i t y p r o g r a t s such as the Men's EirOomballl League .-: If:coMpanies-'60 otherprivateAroups .--lish to reserve outdoor rinksfor_their own private g e n i e s , l e a g U e s ' , : - e t c , t h e C i t y - ' coed conSider reserving thoterinks'afterA p.m:;:on weekdays (rinks are preseniTTUBied At 9 p.m. SundiTiEri7f5rida y n i 5 E t s ) -.- The City shoed charge a fee that Would cover the cost -pf the rink lights ., heating the warming'house, and the supervisor's salary. A suggested rental fee would be $30 per hour. At no-time should the rink ever be open past lo p.m. Eden Prairie continues to get requests for pri v a t e g r o u p s t o r e s e r v e b a l I f i e l d s and tennit2-courtsjor tournaments or private le a g u e -play. The City has restricted the ...reservation of these facilities for tournamen t s t o E d e n P r a i r i e publicterVite groups:Or'City tOOnsorWprogra m s . T h e o n l y e x c e p t i o n s a r e a s The City has allowed several large companies t o r e s e r v e o n e o r t w o b a l l f i e l d s for a weekend inner company tournament. These'have o n l y b e e n a l l o w e d o n community park facilities on weekends in th e f a l l o f t h e y e a r w h e n t h e r e i s no other demandjorruse_oUthose faCiltiet. 2: The Citt.has allowed the Hennepin County Vo - T e e k t o u s e t h e b a l l f i e l d s a t flying Cloud Fields And Staring Lake Park dur i n g t h e d a y d u r i n g t h e s p r i n g o f the-lear for their intramural program. The City has reserved one or two ballfields in t h e s u m m e r : i t -Previous years to the Southdale YMCA for their youth softball p r o g r a m l h o w e V e r , t h e r e w e r e no fields available to the YMCA in 1986, and i t i s d o u b t f u l t h e r e w i l l be any fields available for several years to come. Community Services Staff would recommend c o n t i n u i n g w i t h t h i s r e s e r v a t i o n p o l i c y . Data on park reservation uses and fees collect e d i n 1 9 8 6 i s a t t a c h e d t o t h i s i m e m o , a s . . is a summary of a brief teleph -reservation of park facilites. The Community Services Department requests th e P a r k s , R e c r e a t i o n a n d N a t u r a l R e s o u r c e s Commission and the City Council to review the r e c o m m e n d e d s o l u t i o n s t o t h e e x i s t i n g - problems relating to park facility reservations a n d t o a d o p t a n u p d a t e d r e s e r v a t i a n policy that would include the solutions or mo d i f i c a t i o n s o f t h o s e s o l u t i o n s . BL:md EDEN PRAIRIE COMMUNITY SERVICES DEPARTMENT :APIE/ORAFT 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Phone: 937-2262 FACILITY REQUESTED: Fee Capacity Estimated i in Party Indoor Outdoor Staring Lake Park Building $50.00 60 150 -----Round Lake Park Building $50.00 60 150 -----Round Lake Park Pavilion $25.00 75 150 ---__Outdoor Center $150.00 60 100 CONTACT PERSON ORGANIZATION ADDRESS HOME PHONE (address of organization if company picnic) ZIP WORK PHONE ARRIVAL TIME DEPARTURE TIME DATE TOTAL FEE TOTAL DEPOSIT FOR OFFICE USE ONLY DATE AMOUNT PAID CHECK NO. BY - MM. 1 INK I i 1.41 1.1.1.. MOM, 1. 4.11n1 .11:sr1V"s.a:: ..111414 Olsod 1...11.11. 1S0 .1 tow. onisno Om..•no PLEASE NOTE: Groups using the park building at Staring Lake Park or Round Lake Park must have a representative at the facility at the times designated for opening and closing t h e building. The attendant is not required to wait for the group to arrive and w i l l n o t ma the faCiTity if someone -Wom the group TiliTt present. If tgi iiiiiidant has to —Bi oitiea—Eack to open 6F-TaTTITI7-the deposit-M-1 be forfeited. No tents or canopies will be authorized within picnic areas. If your group causes damage to the park or facilities, you will be asked to reimburse the City for the replacement or repair of the damaged property. LIABILITY The persons and/or organizations using city of Eden Prairie facilities, by si g n i n g a n d accepting this permit, agree to indemnify the City of Eden Prairie for any d a m a g e s t o City property by any participant or public involved and agree to assume al l l i a b i l i t y for the injury or death of any participant and public involved. Any damage to facilities or equipment shall be reported immediately. I hereby certify that I am an agent of the above named organization and am authorized to accept in their name the responsibility for observance of the rules and re g u l a t i o n s of the City of Eden Prairie, Community Services Department. Signature FINAL ACTION: APPROVED Director of Community Services COMMENTS: NOT APPROVED DUE TO THE TOUGHING HE THIS PERMIT MUST DE ON USER'S PERSON WHILE IN THE PARK AND MADE AVAILABLE 10 PARK PERSONNEL upon REQUEST. VIOLATIONS OF PARK ORDINANCES ARE PETTY MISDEMEANORS AND CAN RESULT IN REVOCATION OF PERMIT. eAre net. ni. rc mo,n ncroo 111.1..e na orucrtcr crnr no.. uaam APPROVED BY CITY COUNCIL 8/17/82 PARK FACILITY RESERVATION POLICIES BALLFIELDS ' a. Reservations for tournaments by Eden Prairie public service groups or City sponsored programs only. b. Due to limited parking facilities tournaments at Round Like will only be reserved on a first come first served basis with park shelter reservations. Fields 1 B 2 may not be used .for . tournaments if they've already been committed .by a group.picaicl reservation. c. If tournament directors need lining equipment they will be responsible for picking it up on Friday afternoon before 3:30 p.m. and returning it Monday morning. d. If the tournamentrequiredany extra City maintenance ie. I lining fields, dragging infield, etc. beyond regular workingliours.a request must be submitted at least five working days prior to . the tournamnet and a fee paid to cover the cost. (Fee is .$45/three hour block of time.) e. A $50 deposit will be required at time of reservation to reserve the fields. If the tournament is cancelled with less than a four week notice the deposit is forfeited to the City. 2. PICNIC AREAS a. The only picnic area (tables and grills - no building) reserved is the area southwest of the Round Lake Building that contains the 10 picnic tables painted brown. This area may be reserved with the park building for groups over 50, and with the Park Building and Park Pavilion for groups over 200. This area is only reserved on weekends and holidays. b. The maximum number for this area is 100. c. All other picnic areas (tables with grills) are on a first come first served basis. d. See reservation fees below. .3. BUILDINGS a. Facilities at Round Lake Park may be reserved on Fridays thru Sundays and holidays from May thru October. b. The building at Staring Lake Park may be reserved seven days a week from May thru October. c. The minimum number for any reservation is 25. -2- d. The maximum number for the following facilities is: 1. Round Lake Pavilion ISO 2. Round Lake Building 50 3. Round Lake Picnic Area 100 4. Staring Lake Pavilion ISO e. Fees are based on the number of people in attendance. Fee schedule is as follows; Number of Persons Reservation Fee 25-50 $25 51-100 SO 101-150 75 151-200 100 2.01-300 150 f. Individuals and companies located in Eden Prairie may reserve buildings anytime after January 1 for reservations during that year. g. Groups or companies outside of Eden Prairie, but with branch offices in Eden Prairie or Eden Prairie residents as employees may reserve facilities after June 1 of the current year. (A list of Eden Prairie residents that currently work for the company must be submitted at time of reservation.) h. Companiei outside of Eden Prairie with no branch office in Eden Prairie or no Eden Prairie residents will not be allowed to reserve facilities. i. No private group of over 300 will be allowed to reserve facilities at any park. Reservations are only recorded upon receipt of the reservation TaTieposit. k. No food or beverage may be sold without permission of the Director of Community Services. 1. No tent or other structure may be set up without permission of the Director of Community Services. m. Permit holder is responsible for all trash pickup and any damage to public property. Richfield Richfield has 4 $30 up to 50 450 over 50 only 1 park. The shelter is_open sided. $6/hour (2 hour minimum) areas they reserve. They do not have residents only no liquor a lot of requests for reservations. Brooklyn Park - $25 damage -deposit (returned):. Maple Grove - Up to 50 people, residents only. No fee. A deposit fo r k e y , which is returned after shelter is inspected and found in good condit i o n . Bloomington .7 :Fees vary from $10-$100 -- see their permit. Hennepin Parks:- Building Fee $165/day, Shelter with roof - $55 no service, ilZ with servite Alcoholic Beverages - beer and wine only (no kegs) Hennepin Parks is self insured participants sign :a hold harmless clause. Hennepin Parks have a fee for rental of - large grill, reserving tarps , e t c . NO fee 3.2 beer only 1986 PARK RESERVATIONS ROUND LAKE BUILDING 'Eden Prairie Non-EP Company Resident Non-Resident EP Church EP Organization Ziany 10 8 12 2 3 n/c $25 $50 $75 $100 6 26 5 1 3 Total Reservations i 41 ROUND LAKE PAVILION 10 6 17 3 n/c $25. $50 $75: $150 1 18 14 2 2 1 411 Total Reservations = 38 STARING LAKE PARK BUILDING 19 7 46 4 5 1 9 n/c 19 $25 59 $50 16 $75 6 Total Reservations = 100 $100 450 350 400 125 May June July. August Sept. TOTALS 1 18 14 $1,425 TOTALS A 27 5 1 4 $1,450 25 25 25 300 450 450 125 50 BUILDING - Round Lake Park March April May June July August Sept. Oct: 1 1 2 1 PARK RESERVATION 1986 PAVILION - Round Lake Park Month n c $25.00 $50.00 $75.00 $100.00 $150.00 Total BUILDING - Staring Lake Park March April May June July August Sept. Oct. 1 2 8 3 1 5 1 1 7 11 12 13 11 4 4 3 6 3 1 1 3 1 : 75:: 175 550 525 850 500' 100 TOTALS 21 59 17 5 $2,775' TOTAL AMOUNT = $5,650 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 Tx*c.. December 9, 1986 Proposed Donation of Barn from the Browns Mr. David Brown, owner and developer of the Blue Stem Hills Subdivision, has contacted City staff offering to give the City a barn presently located on the Brown farm at the south end of Bennett Place. The barn is approximately 32'x46' and is a two story building; the second story being the hayloft. The barn was constructed in 1982, at a cost of $85,000. It has a vertical cedar siding that is stained a natural brown. The barn is in excellent condition and has the potential to make an excellent park building. City staff considered several locations for the structure including two at Staring Lake Park, one at Franlo Park and one at Homeward Hills Park. The closest location would be Franlo Park; however, staff would recommend the Council consider accepting the building for placement in Homeward Hills Park as the park shelter and warming house. The Five Year Capital Improvement Program for the park and open space development recommends funding of approximately $90,000 for construction of a park shelter and warming house, hockey rink, skating rink, tennis court and multi use court, and completion of the parking lot at Homeward Hills Park in 1987. Staff has received cost estimates of $5,000 to move this facility from its existing location to Homeward Hills Park and an additional $12,000 for construction of the footings, partial block walls, and concrete floor that would be required for relocating the barn. Additional cost estimates for heating and insulating the first floor, as well as other renovation (removing stalls etc.) total $15,000. The estimated total cost to move the building, remodel it, extend electrical and gas to the site, and provide landscaping is approximately $40,000. For this amount of money, the City would have a relatively large warming house that would be ideal for summer recreation program use and would have a loft that would accommodate a variety of special event and summer recreation use such as dances, youth theatre programs, and if the area were eventually insulated and heated, it could be a very nice year round facility for group meetings, etc. The barn would be located very near the center of this 36 acre park and, therefore, would not be out of character, as it might in a smaller neighborhood park that would require it to be located directly adjacent to single family residential houses. The Community Services Staff request the Council to authorize accepting this barn as a donation from the Browns to the City of Eden Prairie for public park purposes. BL:md CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 86-1 APPROVING AMENDMENT TO THE PROPERTY MANAGEMENT AGREEMENT FOR THE PRAIRIE VILLAGE APARTMENT PROJECT AND AUTHORIZING THE CHAIRMAN AND ADMINISTRATOR OF THE HOUSING AND REDEVELOPMENT AUTHORITY T0 EXECUTE SAID AMENDED 'AGREEMENT - WHEREAS, the Housing and Redevelopment Authority Of the City of Eden Prairie (HRA) and Prairie Village limited Partnership -:(Developer) have _engaged : in the redevelopment of an elderly housing project knoWn-4s --Prairie Village Apartments in an area of the City located at the northeast Other of theAntersection of T. H. f5 - and County Road #4;land,- WHEREAS, the HRA and Developer have entered into a Property subject to terms ahd conditions listed therein; and, WHEREAS, both partiei'desire to amend the terms And conditions Of Said:. Property Management Agreement, as indicated in Exhibit -A, attached heretoand made a part hereof; and, , WHEREAS, the HRA has reviewed the amendments to said Property Management Agreement for the redevelopment of said elderly housing project; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF EDEN PRAIRIE AS FOLLOWS: 1. That the amendments to the Property Management Agreement as indicated in Exhibit A, attached hereto are hereby approved; and, 2. That the Chairman and Administrator of the HRA are hereby authorized and directed to execute said amendments to the Property ManageMent Agreement on behalf of the HRA. Management :Agreement ADOPTED this 16th day of December, 1986. Gary D. Peterson, Chairman Housing and Redevelopment Authority of the City of Eden Prairie Carl J. Jullie, Administrator Housing and Redevelopment Authority of the City of Eden Prairie