HomeMy WebLinkAboutCity Council - 04/19/1988 AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRIL 19, 1988 7:30 PM, CITY HALL COUNCIL CHAMBERS,
7600 Executive Drive
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris, and Patricia
Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to
the City Manager Craig Dawson, City
Attorney Roger Pauly, Finance Director
John D. Frane, Director of Planning Chris
Enger, Director of Community Services
Robert Lambert, Director of Public Works
Eugene A. Dietz, and Recording Secretary
Sue Anderson
PLEDGE DF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
III. CONSENT CALENDAR
A. Clerk's License List Page 658
B. Receive Feasibility Study for Street, Sanitary Sewer and Watermain page 659
Improvements on Franlo Road between Prairie Center Drive and Grier
Lane and set Public Hearing, I.C.. 52-13 (Resolution No. 88-59)
C. BIRCHWOOD LABS, INC. by Birchwood Labs, Inc. Approval of Page 660
Developer's Agreement for Birchwood Labs. Preliminary Platting of
16.5 acres into four lots with variances for lot frontage.
Location: East of County Road 4, west of Fuller Road, north of
Lincoln Lane
D. A TO Z RENTAL by A to Z Rental. 2nd Reading of Ordinance No. 13-88, Page 664
Rezoning from Rural to C-Reg-Service on 1.67 acres with variances to
be reviewed by the Board of Appeals; Approval of Developer's
Agreement for A to Z Rental; and Adoption of Resolution No. 88-58,
Authorizing Summary of Ordinance No. 13-88 and Ordering Publication
of Said Summary. 3.59 acres into one lot and one outlot for
construction of a 15,500 square foot retail facility. Location:
Southwest corner of Valley View Road and Plaza Drive.
E. Change Order No. 3 - Eden Prairie Community Center Page 672
F. Change Order No. 6 - Anderson Lakes Parkway between T.N. 169 and Page 684
Mitchell Road, I.C. 52-035
G. Decentralization of First Call for Help Page 685
IV. PUBLIC HEARINGS
V. PAYMENT OF CLAIMS Page 686A
City Council Agenda - 2 - Tues.,April 19, 1988
VI. ORDINANCES & RESOLUTIONS
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Grading Permit for James Zahler, 17200 Cedar Crest Drive Page 399 &
(Continued from 3/1/88 Council meeting) 687
B. Grading Permit Request from Metropolitan Waste Control Commission Page 688
for Restoration Work of Sewer Interceptor at Riverview Road
C. Petition from Mitchell Lake Homeowners regarding lake level Page 690
D. Request for Grading Permit y Dick Feerick for Legion Industrial Page 691
Park
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
A. Appointment of an Eden Prairie Representative to the Minnetonka Page 696
Community Services Advisory Council
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
1. City Participation in T.H. 5 Project (continued from 4/5/88 Page 697
Council Meeting)
C. Report of City Attorney
1. Recent Supreme Court Decision regarding Environmental Page 698
Preservation
D. Report of Director of Planning
E. Report of Director of Community Services
1. Edenvale Golf Course Proposal Page 699
2. Preserve Homeowners Association Trail Page 725
3. Lake Riley Chain of Lakes Improvement Project Page 728
4. Purgatory Creek Recreation Area Major Access Page 736
5. Lake Riley Operation Policy Page 738
F. Report of Director of Public Works
1. Award Contract for 1988 Bituminous Seal Coating, I.C. 52-137
2. Award Contracts for 1988 Material Bids, I.C. 52-138
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
April 19, 19BB
CONTRACTOR (MULTI-FAMILY & COMM.) GAS FITTER
Archway Sales Erickson Heating & Air Conditioning
Marsh Heating & Air Conditioning
CONTRACTOR (1 & 2 FAMILY) Northern Plumbing & Heating, Inc.
Custom Pools PLUMBING
Terry Elfering Construction
Fireplace Construction Co. Pride Mechanical, Inc.
•
Getty Construction Ross Plumbing
John Kraemer & Sons, Inc.
Outdoor Designs & Services
Palmer House Builders WATER SOFTENER
Seldon Construction, Inc.
Suntree Homes, Inc. Twin City Lindsey
HEATING & VENTILATING TEMPORARY BEER
Erickson Heating & Air Conditioning Optimist Club of Eden Prairie
Marsh Heating & Air Conditioning (Softball Tournement - Round Lk. Pk.)
Northern Plumbing & Heating, Inc.
United Heating & Air Conditioning
PEDDLAR
Seyed Javad Safavi (Penguin Ice Cream)
These licenses have been approved by the department heads responsible for
the licens d activity.
e - d
'at olie, Licensing
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 88-59
RESOLUTION RECEIVING FEASIBILITY REPORT
AND SETTING PUBLIC HEARING
WHEREAS, a report has been given by the City Engineer, through Hanson, Thorp,
Pellinen and Olson to the City Council recommending the following
improvements to wit:
I.C. 52-132 (Streets, Sanitary Sewer and Watermain Improvements
on Franlo Road)
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. The Council will consider the aforesaid improvements in accordance
with the report and the assessment of property abutting or within
said boundaries for all or a portion of the cost of the improvement
pursuant to M.S.A. Section 429.011 to 429.111, at an estimated
total cost of the improvements as shown.
2. A public hearing shall be held on such proposed improvement on May
17, 1988 at 7:30 P.M. at the Eden Prairie City Hall, 7600 Executive
Road. The City Clerk shall give published and mailed notice of
such hearing on the improvements as required by law.
ADOPTED by the Eden Prairie City Council on April 19, 1988
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Clerk
1 J I
8irchwood Labs
11/ DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1987, by
Birchwood Laboratories, Inc., a Minnesota corporation, hereinafter referred to as
"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for preliminary platting of 16.5
acres into four lots with variances for lot frontage, for industrial development
purposes, situated in Hennepin County, State of Minnesota, more fully described in
Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter
referred to as "the property;"
NOW, THEREFORE, in consideration of the City adopting Resolution #87-28,
Developer covenants and agrees to construction upon, development, and maintenance of
said property as follows:
1. Developer shall develop the property in conformance with the
materials revised and dated January 16, 1987, reviewed and approved
by the City Council on February 3, 1987, and attached hereto as
Exhibit B, subject to such changes and modifications as provided
herein. Developer shall not develop, construct upon, or maintain
the property in any other respect or manner than provided herein.
2. Developer covenants and agrees to the performance and observance by
Developer at such times and in such manner as provided therein of
all of the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
3. Prior to issuance of any building permit for each individual lot of
the property, Developer agrees to submit to the City Engineer, and
receive the City Engineer's approval of plans for streets, sanitary
sewer, water, storm sewer, and erosion control for that lot on the
property, as depicted in Exhibit B attached hereto.
Upon approval by the City Engineer, Developer shall construct, or
cause to be constructed, those improvements listed above in said
plans for each lot, as approved by the City Engineer, in accordance
with Exhibit C, attached hereto.
4. Prior to issuance of any building permit upon the individual lots of
the property, beyond the mini-storage facility and factory site (Lot
3) depicted in Exhibit B, attached hereto, Developer agrees to
submit to the City Planning Commission for review and
recommendation, to the City Council for review, and receive the City
Council's approval of information for site plan review for the
individual lot(s), including, but not limited to, architectural
elevations, site plans, grading plans, landscaping plans, and other
plans as may be required for buildings to be constructed upon the
property.
The City's review process in this respect shall be consistent with
that customarily afforded to all other developer's of I-2 zoned
property requiring site plan review prior to issuance of building
permits.
5. Developer shall notify the City and the Watershed District 48 hours
prior to any grading, tree removal, or tree cutting on any lot of
the property.
1
OWNERS'SUPPLEMENT
TO
DEVELOPER'S AGREEMENT
BETWEEN
BIRCHWOOD LABORATORIES, INC., as Owner
AND
THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
1988, by and between Birchwood Lab Associates, a Minnesota
general partnership ("BLA"), and Prairie Green Associates, a
Minnesota general partnership ("PGA"), and the City of Eden
Prairie ("City"):
WHEREAS, BLA is the owner of Lots 2 and 4, and PGA is the
owner of Lot 1;
FOR AND IN CONSIDERATION OF, and to induce City to adopt
Resolution #87-28 for preliminary platting of the property
owned by Owner, BLA and PGA, as more fully described in that
certain Developer's Agreement entered into as of
1988 by and between Birchwood Laboratories, Inc. as Owner and
City;
BLA and PGA agree with City as follows:
1. This Agreement shall be binding upon and enforceable
against BLA and PGA, their successors, heirs and
assigns of the property.
2. If BLA or PGA transfers its property, such transferor
shall obtain an agreement from the transferee
requiring that such transferee agree to the terms of
the Developer's Agreement with respect to the
property transferred.
3. No owner of any lot shall be personally liable under
the Developer's Agreement for the application of said
Agreement to any lot not owned by such owner;
i n
provided, however, the owner of Lot 2 shall, in
connection with the development of Lot 2, be required
1/ to design and construct a drainage system for Lots 1
and 2 acceptable to the City Engineer. The owner of
Lot 2 at the time of the development of Lot 2 shall
be liable for the costs of the design and
construction of the drainage system and related
costs. The owner of Lot 1 agrees to cooperate and
grant access as needed for construction of the
drainage system.
CITY
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of _ , 1988, by Gary D. Peterson,the
Mayor, and Carl J. Jullie, the City Manager, of the City of
Eden Prairie, a municipal corporation, on behalf of the
corporation.
Notary Public
BIRCHWOOD LAB ASSOCIATES
By
Its:
-2-
A to Z Rental
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 13-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the C-Reg-Service District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
C-Reg-Service District, and the legal descriptions of land in each District referred
to in City Code, Section 11.D3, Subdivision 1, Subparagraph B, shall be, and are
amended accordingly.
( Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of April 19, 1988, entered into between
Eden Prairie Rental, Inc., a Minnesota corporation, and the City of Eden Prairie,
which Agreement is are hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 15th day of March, 1988, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 19th day of
April, 1988.
ATTEST:
John D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
3
Exhibit A
•
lt LEGAL DESCRIPTION - ZONING
That part of Outlot A, MENARD 4TH ADDITION, according to the recorded plat thereof which
lies southeasterly and easterly of the following described line:
•
Beginning at a point on the southwesterly line of
said Outlet A distant 346.68 feet northwesterly from the
Southwest corner of said Outlot A, as measured along said
southwesterly line; thence in a northeasterly direction, at
right angles to said southwesterly line, a distance of 172.52
fiet;esthercesenortherlyfo deflecting to the left 60 degrees 45
distancema
northeasterly deflecting to the riof
90de4rees 3.64 feel u thence
seconds for a distance of 70.27 feet, me 0 00
re orless, tosthe
northeasterly line of said Outlot A and said line there
terminating.
LEGAL DESCRIPTION - PLATTING .
Outlot A, Menard 4th Addition, Hennepin County, Minnesota.
1 A to Z Rental
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1988, by
Eden Prairie Rental, Inc., a Minnesota corporation, hereinafter referred to as
"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District Change from the
Rural District to the C-Regional-Service District on 1.67 acres, with variances for
outdoor storage and rear yard setback to be reviewed by the Board of Appeals, and
Preliminary Plat of 3.59 acres into one lot and one outlot, situated in Hennepin
County, State of Minnesota, more fully described in Exhibit A, attached hereto and
made a part hereof, and said acreage hereinafter referred to as "the property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance #13-88,
Developer covenants and agrees to construction upon, development, and maintenance of
said property as follows:
1. Developer shall develop the property in conformance with the
materials revised and dated March 9 and March 11, 1988, reviewed and
approved by the City Council an March 15, 1988, and attached hereto
as Exhibit B, subject to such changes and modifications as provided
herein. Developer shall not develop, construct upon, or maintain
the property in any other respect or manner than provided herein.
2. Developer covenants and agrees to the performance and observance by
Developer at such times and in such manner as provided therein of
all of the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
3. Prior to issuance by the City of any grading permit for the
property, Developer agrees to submit to the Director of Planning,
and to obtain the Director's approval of the following:
A. A revised landscape plan depicting the addition of a
combination of deciduous and coniferous trees along Plaza
/
Drive which shall screen parking areas from the public road
in accordance with City Code requirements.
11 B. Samples of the building materials propcsed for the property,
including colors of materials for the facebrick, rock-face
block, materials for the doors, glass, canopy, and all other
exterior features of the structure.
C. Overall signage plan for the property, including locations
of signs on the property or on the structure, colors of
materials to be used, design of signs and lettering to be
used, etc.
D. Overall lighting plan for the property, including location
of lighting standards on the structure or on the property,
types of materials to be used, including colors and
textures, and indication that said lighting standards shall
be no greater than 20 ft. in height and that said standards
shall be designed with downcast, cut-off luminars in order
to avoid glare off the property. Developer acknowledges
that wallpack lighting shall not be used as part of the
exterior lighting for the property.
Upon approval by the Director of Planning, Developer agrees to
construct those improvements listed above, as approved by the
Director of Planning, in accordance with the terms and conditions of
Exhibit C, attached hereto.
4. Prior to issuance by the City of any permit for grading,
construction, or any other form of development on the property,
Developer agrees to obtain variances from the Board of Appeals and
Adjustments for outside storage on the property and for a zero lot
line setback to the rear property line. Developer acknowledges that
said variances shall not be transferrable.
5. Developer shall notify the City and the Watershed District 48 hours
prior to any grading, tree removal, or tree cutting on the property.
6. Developer agrees to implement erosion control measures and adequate
protective measures for areas to be preserved and areas where
grading is not to occur, and to receive City approval of said
measures. Developer agrees that said protective measures shall
include, but not be limited to:
A. Grading shall be confined to that area of the property
within the construction limits.
B. Erosion control fencing shall be placed at the construction
limits of the property prior to any grading upon the
property.
C. City shall perform an on-site inspection of said protective
measures on the property by the City. Developer shall
contact City for said inspection. Developer agrees that
Ct9
defects in materials and workmanship in the implementation
of said measures shall then be determined by the City.
D. Defects in materials or workmanship, if any, shall be
corrected by Developer. Developer agrees to call City for
reinspection of the implementation measures, and to receive
approval by the City prior to issuance of the grading permit
by the City. Approval of materials and workmanship may be
subject to such conditions as the City may impose at the
time of acceptance.
7. Prior to issuance of any building permit upon the property,
Developer shall submit to the City Engineer, and receive the City
Engineer's approval of plans for streets, sanitary sewer, water,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer shall construct, or
cause to be constructed, those improvements listed above in said
plans, as approved by the City Engineer, in accordance with Exhibit
C, attached hereto.
8. City acknowledges that Developer has prepared a phasing plan for the
development of the property. In the event that Developer does not
proceed with any phase beyond Phase I, as depicted in Exhibit B,
attached hereto, Developer agrees as follows:
A. Developer shall have eighteen (18) months from the date of
issuance of the first occupancy permit on the property to
begin the next phase of the development of the property.
B. If the next phase is not started by the end of the eighteen
month period described above, Developer agrees to finish the
north wall of the building with face brick, identical in
design and materials to that for the south wall, as depicted
in Exhibit B, attached hereto.
C. In order to guarantee implementation, Developer agrees that
prior to issuance of any building permit upon the property,
Developer shall submit to the City and obtain the City's
approval of a security (bond, letter of credit, escrow,
etc.) for the cost of construction of the north wall as
discussed in item 8.B., above.
0. Developer agrees to construct a five-foot wide, five-inch thick
concrete sidewalk along the west side of Plaza Drive, as depicted in
Exhibit B, attached hereto. Said construction shall take place
concurrent with building construction of each phase and shall be
accomplished according to City specifications and according to the
terms and conditions of Exhibit C, attached hereto.
10. Developer agrees as follows:
A. Displays of any type in the front of the structure shall not
exceed 10% of the Ground Floor Area of the building per Code
requirements.
B. The maximum amount of area designated for outdoor storage
shall be 15,000 sq. ft.
11
C. Vehicles such as truck, trailers, and bobcats shall be
stored in the area designated for outside storage, only, on
Exhibit B, attached hereto.
D. Mechanical equipment shall be screened with materials which
are architecturally compatible with the exterior materials
on the property.
E. To the extent that parking is needed for the retail business
use on the property, the area designated for outside storage
of 15,000 sq. ft., as depicted in Exhibit B, attached
hereto, shall be reduced in order to provide for said
parking need.
F. If it is determined by the City that the temporary berm
proposed for screening of the outside storage area for Phase
I does not effectively screen said outside storage, City
shall notify Developer of the need for increased berm
height, and Developer shall, within 90 days of said notice,
increase the height of the berm in order to screen said
outside storage.
A to Z Rental
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 88-58
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 13-88 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 13-88 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 19th day of April,
1988;
NOW, THEREFORE, BE IT RESDLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 13-88, which is
attached hereto, is approved, and the City Council finds that said
text clearly informs the public of the intent and effect of said
ordinance.
B. That said text shall be published once in the Eden Prairie News in a
body type no smaller than brevier or eight-point type, as defined in
Minn. Stat. sec. 331.D7.
C. That a printed copy of the Ordinance shall be made available for
inspection by any person during regular office hours at the office
of the City Clerk and a copy of the entire text of the Ordinance
shall be posted in the City Hall.
D. That Ordinance No. 13-88 shall be recorded in the ordinance book,
along with proof of publication required by paragraph B herein,
within 20 days after said publication.
ADDPTED by the City Council on April 19, 1988.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
A to Z Rental
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 13-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIDNS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This Ordinance allows rezoning of land located at the
southwest corner of Valley View Road and Plaza Drive from the Rural District to the
C-Reg-Service District, subject to the terms and conditions of a developer's
agreement. Exhibit A, included with this Ordinance, gives the full legal
description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane /s/Gary 0. Peterson
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the day of , 1988.
(A full copy of the text of this Ordinance is available from the City Clerk.)
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources (�ef..-
DATE: April 12, 1988
SUBJECT: Change Order #3 - Eden Prairie Community Center Repair
Attached are two repair requests. The first item is for $3,453, which
required relocating insulation to the entire face of the existing precast 'T'
beam, providing 5/8" water resistent gypsum board and 2 coats of epoxy paint
to cover insulation, and cutting face brick to maintain a minimum 5/8" cavity
for various brick thickness. This is required because the building was not
constructed as shown on the original contract documents and required this
change during construction.
The second item totals $8,727 for labor and material to install drilled
fasteners hand hammered into predrilled holes in the cast-in-place concrete
beams and columns, and the precast concrete units at the ends of the existing
precast concrete roof tees in the west, southeast, and east backup walls of
the natatorium. Ordinarily these fasteners are simply shot into the wall to
hold the outside brick layer to the interior wall. For the entire length and
width of the natatorium, where the outside wall was abutting the precast T's,
each fastener had to be hand drilled and then screwed into the pre-drilled
holes. The majority of this change was simply the amount of labor.
The original contact sum for the project was $276,000. With this change
order, the final sum will be $302,723. This represents a 9% increase in the
original cost through change orders.
Staff recommends approval of this change order per architect's recommendation.
BL:mdd
CHANGE
1)L,„1-.1 ll.nl to
ORDER 0\VNIR ❑
AIA DOCUMENT G701 AR(IIIIICT ❑
co NrRACroR ❑
MID ❑
OtutIIiLR D
I
PROJECT Partial Repairs to Eden
(name.address) Prairie Community Center, CHANGE ORDER NUMBER: 3
Eden Prairie, Minnesota INIIIA1u)N DALE: March 29, 1988
TO(Contractor):
I— _ ARCHITECT'S PROJECT NO: 1848.002.04-1
C. F. Haglin and Sons Co. CO NIRACT FOR: General Construction
4005 West 65th Street
LEdina, MN 55435
CONTRACT DATE:
October 21, 1987
You are directed to make the following changes in this Contract:
1. Provide labor and material to accomplish the changes described on
Proposal Request No. 5.
ADD: $ 3,453.00
2. Provide labor and material to accomplish changes as follows:
ADD: 8,727.00
a. Install drilled Hilty fasteners (kwik-con) and/or Gripcon
fasteners hand hammered into predrilled holes in cast-in-place
concrete beams and columns and precast concrete units at the
ends of the existing precast concrete roof tees in the west,
southeast, and east backup walls of the natatorium.
ATTACHMENTS: (Continued on Page 2)
Proposal Request No. 5 dated February 15, 1988.
C.F. Haglin and Sons letter of March 15, 1988.
Not valid until Ggned by both the Owner and Art hue,I
Signature oI the Contra.for indicates has agreement here,nh,im lading,Inv adjustment m the Contract Sum or Contract Time.
The original(Coniratt Sum)((nrrr,nHn-tl-Mweitinn,E:.nH was
Net change by previously aulhori,ed Ch.dage orders $ 276,000.00
$ 14,543.00
The(Contract Sum)(Nnm,ru1ee i AM 4. akt nn-Gril per),In Ihis Change Order was
The(Contract Sum))E,nrtnnntd-Mlre.mnm-E-cwyw,ll be(increacedl t vsaasocb-(•4mchx)g,uil E 290�'543.00
by MI,Change Order
the new(tone l(1 semi IF�H..mekw.IAA,NHN....e4 tHU err lading r e('mow,Order will be $ 302,723.00 .
The Contract lime will be(n)vc,4Pf 4t.h.,rrwed) (unchanged)by •
The Date of Substantial Completion as of the(late of Iles Change Order Iherefure is unchanged ( 1 Days.
Seger, Leach F Lindstrom, Inc. C. F. Haglin and Sons Co. Atitl rl,ed.
er, rn In C. x City of Eden Prairie
211 4vrcollet Mall ll'
4`00,,Y .5th Street (di_ .___ tive Drive Pi lilies of �bN 5540 / �`cf�i'ria, 55435
de�_ �en`Prairie, MN 55344-3677
- — I i Y_
DAIt By
— — I)\11 3
MAg''' unrr
AIA DDCUMEN L701 • CHANGE()NOIR • UAil urn MUFTIS •
THE AMENICAN INSTITUTE()I ARC nII(f(G,CC till\'(r INN \\f NW \\\GI IIN(,i!)N• C 19�8
D c MO"' G701—1978
Change Order No. 3
Comm. No. 1848.002.04-1
Page 2
b. Fill the end of the existing bond heam supporting existing
precast concrete roof plank with concrete for a length of at
least 50" at the south end of the west wall of Room E141,
along grid 4.
c. Fill the approximately 4" deep void, which extends about
halfway into the wall, between grids 'C' and 'D', along grid 4
with masonry.
TOTAL ADDED COST FOR CHANGE DRDER ND. 3 = $12,180.00
' PROPOSAL OWNER ❑
ARCIIITECT ❑
REQUEST • CONtRACTOR ❑
FIELD
E. AIA DOCUMENT G709 OTHER
PROJECT: Partial Repairs to Fden PROPOSAL REQUEST NO:
(name,address) Prairie Comnunity Center, 5
Eden Prairie, Minnesota
OWNER: City of Eden Prairie
DATE: February 15, 1988
TO: (Contractor)
C. F. Haglin and Sons CO. ARCHITECT'S PROJECT NO: 1848.002.04-1
4005 West 65th Street CONTRACT FOR:
Edina, MN 55435 General Construction
L J CONTRACT DATED: October 21,.1987
Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifica-
tions to the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN.
Description: (Written door ption of the Work)
DRAWING NO. 6 - DETAILS.
Refer to 6/6, Head.
Relocate insulation to interior face of existing precast 'T' spandrel and beam.
Provide 5/8" (water resistant) gypsum board and 2 coats of epoxy
insulation. Cut face brick to maintain a minimum 5/8" cavity (see D ain wi to cover
(See drawing R0008 for various brick thicknesses and relative locat pnsDr' wing R0007)),.
Attachments: 0.u1 aturhed dorontem,that support description/
Drawing R0007 dated February 15, 1988
Drawing R0008 dated February 15, 1988
(SEE ATTACHED COST BREAKDOWN)
A1tCtiITEC ETT � E'CH & LIND.'TR P1, iNC.
//'' / I RETURN A COPY OF THIS FDRM ATTACHED
�Y: ^ NyvD TD THE ITEMIZED QUOTATION
AIA DOCUMENT G709 • 'ROPOSAL REQUEST • APRII 1970 tDIriON • AIA • 01970 • THE ,
AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N,W„WASIIINGTON, D.C. 20006 :v/ - ONE PACE
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C. F. HAGLIN AND SONS CO.
BUILDING CONSTRUCTION
4005 W.65TH ST,
EDINA, MINN 55435
16121920 6123
March 15, 1988
Setter, Leach L Lindstrom
1011 Nicollet Mall
Minneapolis, Minnesota 55403
Attention: Carl Ermisch
Re: Partial Repairs to
Eden Prairie Community Center
Gentlemen:
We request that a Change Order be written for the following extra
work, as per Field Observation Reports:
(.1) Observation Dated 2-9-88, Item #5:
Bond Beam F111 $ 85.00
(2) Observation Dated 2-16-88, Item #5:
Masonry I0111 110.00
(3) Observation Dated 1-27-88, item #7
1-22-88, Item #8
'1 2-22-88, Item #3:
Revised Anchors @ Cast In Place
& Precast Concrete 7,630.00
10$ 7,825.00
782.00
8,607.00
Bond .0i4$ 120.00
Total $8,727.00
Very tr your ,
C. F. ( GLIN -SONS-C.O.
Gary Gunderson, Chief Estimator
GG/vq
471
C. F. HAGLIN AND SONS CO.
BUILDING CONSTRUCTION
4005 W.65TM ST
11 EDINA, MINN 55435
16121920 6123
PARTIAL REPAIRS TO EDEN PRAIRIE COMMUNITY CENTER
PROPOSAL REQUEST #5
Masonry SI,860.00
Paint 162.00
Caulk
92.00
IOx 2,114.00
211.00
$2,325.00
Sheetrock
15� 91,0.00
14I.00
$1,081.00
Bond .014% 3,406.00
{ 47.00
Total $3,453.00
•
17y
•
Setter,Leach& Lindstmm
INFORMATION ONLY COPY: tollwcouelMall Attn: Gary
Minneapolis,MN 55403 Gunderson
�Robert'Lambert 612/338-8741
Proposal Request Transmittal
(AlA uocumenl G709)
Dale: February 15, 1988
Client: City of Eden Prairie
Protect: Partial Repairs to Eden Prairie Community Center, Eden Prairie, Minnesota
Comm.No.: 1848.002.04-1
Contractor: C. F. Haglin and Sons Co.
P.R.No.: 5
EXPLANATION FOR CHANGE:
Accommodate field conditions. Building was not constructed as shown on original
contract documents.
•
TO CONTRACTOR:
We attach two(2)Proposal Request copies for your review and request That you submit a delailed labor and material
breakdown of cost for this work. Attach one 11)copy of breakdown to each copy of the Proposal Request. Proposal
Requests received without sufficient breakdown will be returned for resubmittal.
Please return one(1)copy of Proposal quest and this letter dl transmittal to this office.
Upon approval of the Proposal Re st b this ice an the Owntr,we will iss ,a hang rder hich will authorize
you to proceed with the work in olge )
SETTER,L CH&LIINDSTROM
( 1
OWNER ;$A,, 1 • t
PROPOSAL ARCHITECT ❑ p iyy[11,3,1,1
REQUEST CONEKACTDR ❑ ` 't L�.xFIELD ❑ u y ' o
AIA DOCUMENT G709 OTHER
[�; !;� . r,
PROIrCT: Partial Repair; to Eden F" VS .ROfOSAL Rtt1UElF nJUi F tir 3
Elp
(name,address) Prairie Coninunity Center, M ffff9999 Cy `
Eden Prairie, Minnesota � �� 'i,le.•1Lly�Ixd+
OWNER: City of Eden Prairie
DATE: February 15, 1988
TO: (Contractor)
ARCHITECT'S PROJECT NO: 1848•002.04-1
C. F. Haglin and Sons Co.
4005 West 65th Street CONTRACT FOR: General Construction
Edina, MN 55435
L J CONTRACT DATED: October 21, 1987
Please submit an itemized quotation for changes in the Contract Sum,and/or Time incidental to proposed modifica-
tions to the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NDR A DIRECTIDN TO PRDCEED WITH THE WORK DESCRIBED HEREIN.
Description: rW,itten description of the Wotk) —
DRAWING NO. 6 - DETAILS.
Refer to 6/6, Head.
Relocate insulation to interior face of existing precast 'T' spandrel and beam.
Provide 5/8" (water resistant) gypsum board and 2 coats of epoxy paint to cover
insulation. Cut face brick to maintain a minimum 5/8" cavity (see Drawing R0007).
(See drawing R0008 for various brick thicknesses and relative locations.)
Attachments: min,inched documents that,uppnrt descdptiont
Drawing R0007 dated February 15, 1988
Drawing R0008 dated February 15, 1988
A c ITECf: 1.
ETT R E CH & LIND TR M, INC. RETURN A COPY Of THIS FORM ATTACHED
Y: I TO THE ITEMIZED QUOTATION
MA DOCUMENT C709• PROPOSAL REQUEST • APRIL 1970 EDITION • AEAAJ • 6)1970 • THE ONE PAGE
AMERICAN INSTITUTE Or ARCHITECTS,1735 NEW YORK AVE., N.W„WASHINGTON, D.C.20006/
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CONTRACT AMENDMENT NO. 6
TO CONSTRUCTION CONTRACT FOR
IC #52-035, ANDERSON LAKES PARKWAY
TH 169 10 MITCHELL ROAD
CITY OF EDEN PRAIRIE, MINNESOTA
March 30, 1988 BENNETT-RINGROSE-WOLSFELO-
JARVIS-GARDNER, INC.
700 South Third Street
Minneapolis, MN 55415
The following work shall be added to the contract amendment to this project:
ADDITIONS
Item No. Item Unit Quantity Unit Price Lump Sum
1 Repair Storm Sewer LS 1.0 $1,482.75 $1,482.75
TOTAL ADDITIONS $1,482.75
Necessity for Amendment:
Storm sewer at Station 23+76, 27 feet left was damaged by a Northwestern Bell
Telephone Company cable laying operation on 12/30/85, and later repaired by
Richard Knutson Construction Company.
ORIGINAL CONTRACT AMOUNT $1,922,270.18
TOTAL PREVIOUS CONTRACT AMENDMENTS 326,616.23
SUBTOTAL $2,248,866.41
TOTAL ADDITIDNS CONTRACT AMENDMENT #6 $ 1,482.75
CONTRACT AMOUNT TO DATE $2,250,369.I6
CONTRACTOR �7
Richard Knu�ttsZ ,<9 on, Inc. ,, ,- Y-
Title �, rd Date -i/3//g8
ENGINEER
Bennett-Riinnnggrose-Wolsfeld-Jarvis-Gardner, Inc. J,`(2
Title / —11 Date 3/30 8f�
EDEN PRAIRIE f
City Engineer Date
L G 0 Page 1 of 1 )
^ /
• N �
fMEMORANDUM
TO: Mayor and City Council
FROM: Natalie Swaggert
Director of Human Resources & Services
SUBJECT: Request/Human Rights & Services Commission
DATE: April 14, 1988
At its meeting on Monday, April 11th, the Human Rights & Services
Commission voted to recommend support of further investigation of
the decentralization of First Call for Help.
As a result, the attached letter was drafted. We ask the
Council's approval so the letter can be forwarded to the United
Way for its consideration.
GAL
015
CITY OFFICES/7600 EXECUTIVE DRIVE/EDEN PRAIRIE,MN 55344-3677/TELEPHONE(612)937.2262 a c! n
April 14, 1968 prairie
Mr. Louis Hohlfeld
Community Resources Division
United Way
404 South 8th Street
Minneapolis, MN 55404
Dear Mr. Hohlfeld,
The City of Eden Prairie strongly supports the further investigation
of the decentralization of First Call for Help. As a suburb we
believe there is a need to have our residents better identify with
United Way and its services.
Decentralization would provide greater visibility for the United Way
in our communities and would afford suburban residents an opportunity
to get involved as volunteers in the United Way effort.
We realize the McKnight Foundation has tabled until May their response
to United Way's proposal for a multi-service center network. Upon
approval, we would encourage that the First Call for Help function be
integrated into those facilities.
We invite you to look closely at Eden Prairie as a home for a multi-
service center. Eden Prairie's location is excellent because it is a
natural link between South and West Hennepin Service Council areas as
well as between Hennepin, Scott and Carver counties.
Sincerely,
172
I �GZCa!`�lL
Gary D. Peterson William son, Chair
Mayor Human R .. s & Services
Commission
cc: James C. Colville
APRIL 19,1988
41754 BIRTHCHER WELSH APRIL 88 RENT-CITY HALL 19075.69
41755 UNIVERSITY OF MN REVOLVING FUND PRUNING WORKSHOP-FORESTRY DEPT 50.00
II41756 JASON NORTHCO PROP APRIL 88 RENT-LIQUOR STORE 5518.75
1757 U S POSTMASTER POSTAGE-AWARDS BANQUET-CITY HALL 17.25
41758 DANA GIBBS PACKET DELIVERIES 223.00
41759 AT&T CONSUMER PRODUCTS DIV SERVICE 54.75
41760 AT&T SERVICE 831.75
41761 AT&T COMMUNICATIONS SERVICE 193.43
41762 MINNEGASCO SERVICE 12629.57
41763 CRAGUN'S CONFERENCE CENTER CONFERENCE-CITY MANAGER 224.60
41764 MN DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATION & EXCISE TAX 1771.00
41765 NORTHWESTERN BELL SERVICE 47.69
41766 NSP SERVICE 25075.30
41767 BERRY COFFEE COMPANY SERVICE 407.50
41768 KAMAN BEARING & SUPPLY CORP BELTS/GROOVED PULLEY-WATER DEPT 47.90
41769 LEEF BROS INC COVERALLS-EQUIPMENT MAINTENANCE 67.00
41770 LONG LAKE FORD TRACTOR INC SPROCKET/SEAL-PARK MAINTENANCE 91.88
41771 LYMAN LUMBER COMPANY PLYWOOD-PARK MAINTENANCE/ENGINEERING DEPT 237.47
41772 SNAP ON TOOLS CORP -OIL/SOCKET SETS/WRENCH/ANVIL/RATCHET- 613.93
EQUIPMENT MAINTENANCE
41773 YOUNGSTEDTS INC EQUIPMENT REPAIR-POLICE DEPT 29.95
41774 THE NECTARY EXPENSES-COUNCIL 85.00
41775 W J EBERTZ -SERVICE-WILLOW PARK/EDEN LAKE PARK/ 8385.45
HOMEWARD HILLS PARK
41776 STEVEN JENKINS REFUND-SPRING LEISURE PROGRAMS 14.00
41777 BETTY KLOOS REFUND-SWIMMING LESSONS 24.00
41778 NANCY MICHAELIS REFUND-SWIMMING LESSONS 16.00
41779 STEVE MICHALS REFUND-SCUBA CLASS 107.00
"780 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 18.96
{ 781 CONNIE ST MARTIN REFUND-EXERCISE CLASS 28.00
41782 U S POSTMASTER POSTAGE-POLICE DEPT 60.00
41783 CLIFFORD WALLER REFUND-ADULT RESIDENT MEMBERSHIP 94.10
41784 JAN WEPLER REFUND-SWIMMING LESSONS 18.OD
41785 COMMISSIONER OF AGRICULTURE PESTICIDE APPLICATOR LICENSE-PARK DEPT 10.00
41786 CITY COUNTY CREDIT UNION PAYROLL 4/1/88 891.00
41787 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 252.00
41788 COMMISSIONER OF REVENUE PAYROLL 4/1/88 12279.39
41789 GREAT WEST LIFE ASSURANCE CO PAYROLL 4/1/88 4031.00
41790 FEDERAL RESERVE BANK PAYROLL 4/1/88 46830.54
41791 GUARANTEE MUTUAL LIFE COMPANY PAYROLL 4/1/88 2246.78
41792 ICMA RETIREMENT CORP PAYROLL 4/1/88 1325.80
41793 INTL UNION OF OPERATING ENG APRIL 88 UNION DUES B74.00
41794 MEDCENTERS HEALTH PLAN HEALTH INSURANCE PREMIUM FOR APRIL 88 10D57.90
41795 MUTUAL BENEFIT LIFE LIFE INSURANCE PREMIUM FOR APRIL 88 2588.75
41796 PETTY CASH EXPENSES-CITY HALL 72.05
41797 EXECUTIVE DIRECTOR - PERA PAYROLL 4/1/88 23650.42
41798 PHYSICIANS HEALTH PLAN OF MN INSURANCE PREMIUM FOR APRIL 88 15120.71
41799 UNITED WAY PAYROLL 4/1/88 211.50
41800 CARL JULLIE FEBRUARY & MARCH 88 EXPENSES 143.80
41801 KURT SCHMIDT & CITY OF EDEN PRAIR REFUND BUILDING PERMIT 2306.00
41802 DAVID D SWEERE VEHICLE STORAGE-POLICE DEPT 723.21
41803 KEYE PRODUCTIVITY CENTER CONFERENCE-PUBLIC WORKS DEPT/FINANCE DEPT 288.00
41804 ST PAUL RED CROSS CONFERENCE-AQUATICS-COMMUNITY CENTER 90.00
41805 SOUTH HENNEPIN HUMAN SERVICES COU EXPENSES-HUMAN RESOURCES 20.00
06 SUPPLEE'S 7 HI ENATERPRISES INC APRIL 88 RENT-LIQUOR STORE 4313.92
20438569
APRIL 19,I988
41807 GRETCHEN LAUBACH REFUND-SWIMMING LESSONS 12.50
41808 LITTLE CAESARS PIZZA EXPENSES-SPECIAL EVENTS 38.96
I1809 PAUL MCHALE REFUND-FAMILY SKI OUTING 60.00
1810 MN INSTITUTE OF LEGAL EDUCATION CONFERENCE-PLANNING DEPT 145.00
418I1 COMMISSIONER OF REVENUE MARCH 88 SALES TAX 17266.60
418I2 BEER WHOLESALERS INC BEER 3753.50
41813 COCA COLA BOTTLING COMPANY MIX 766.75
41814 DAY DISTRIBUTING COMPANY BEER 6173.36
41815 EAST SIDE BEVERAGE COMPANY BEER 10679.15
41816 KIRSCH DISTRIBUTING COMPANY BEER 646.07
41617 MARK VII DISTRIBUTING BEER 17606.74
41818 PEPSI COLA BOTTLING COMPANY MIX 446.25
41819 ROYAL CROWN BEVERAGE CO MIX 40.55
41820 THORPE DISTRIBUTING COMPANY BEER 17535.30
41821 TWIN CITY HOME JUICE MIX 63.90
41822 BARBAROSSA & SONS INC SERVICE-WATER TREATMENT PLANT ADDITION 159310.25
41823 ENEBAK CONSTRUCTION SERVICE-TECHNOLOGY DRIVE 34I58.11
41824 RILEY PURGATORY BLUFF CREEK SERVICE-CHAIN OF LAKES STORM SEWER 3D43.33
41825 SHAFER CONTRACTING CDMPANY INC SERVICE-COUNTY RD 4 TO MITCHELL RDAD 50535.68
41826 SHAW LUNDQUIST ASSOC INC SERVICE-WATER TREATMENT PLANT ADDITION 31798.45
41827 A B DICK CO 3 HOLE PUNCHED XEROX PAPER-CITY HALL 172.10
41828 A TO Z RENTAL CENTER -EQUIPMENT RENTAL-PARK MAINTENANCE/WATER 156.49
DEPT
41829 ACRO-MINNESOTA INC OFFICE SUPPLIES-CITY HALL/COMMUNITY CENTER 1524.66
4I830 AIRLIFT DODRS INC -REWIRED & RESET TIMERS/STRAIGHTENED DOOR 64.00
ARM BAR-COMMUNITY CENTER
41631 ALL STEEL SOCCER GDALS INC -GOAL END BRACKETS/BOTTOM BACK SUPPORTS- 560.00
PARK MAINTENANCE
'832 ALPHA VIDEO & AUDIO -LOCK & ANCHOR PLATE FOR VIDEO CASSETTE 55.70
RECORDER-COMMUNITY CENTER
41833 AMERICAN LINEN SUPPLY CO AIR FRESHENER SERVICE-CITY HALL 19.80
41834 AMERICAN NATIONAL BANK BOND PAYMENTS 377.96
41835 AMERICAN WATER WORKS ASSOC BOOKS-WATER DEPT 99.90
4I836 AMP PRODUCTS CORPORATION BATTERY SUPPLIES-EQUIPMENT MAINTENANCE 297.18
41837 CRAIG W ANDERBERG HOCKEY OFFICIAL/FEES PAID 197.00
41838 EARL F ANDERSEN & ASSOC INC SIGNS-STREET DEPT 96.75
41839 ANDY'S PICKUP PALACE INC -UNDERRAIL BEDLINER FOR FIRE TRUCK-FIRE 229.20
DEPT
41840 B R W INC -SERVICE-DELL ROAD/EVENER WAY FEASIBILITY/ 8805.38
-CDLUMBINE ROAD FEASIBILITY/VALLEY VIEW
-RD TO MITCHELL TO COUNTY RD 4/VALLEY VIEW
RD-BITTERSWEET TO HOWARD
41841 BACON'S ELECTRIC CO RFPAIR WELL MAIN BREAKER-WATER DEPT 404.02
4I842 BADER PAINTING & PAPER HANGING CONFERENCE ROOM WALL COVERING-WATER DEPT 458.82
41843 JEFF BARTZ VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 447.50
4I844 BATTERY & TIRE WAREHDUSE INC -LAMPS/HEAD LIGHTS-WATER DEPT/STREET DEPT/ 450.12
FIRE DEPT
41845 KELLY BAUER VOLLEYBALL OFFICIAL/FEES PAID I35.00
4I846 LISA BECK SUPPLIES-WINTER SKILL DEVELOPMENT 33.57
41847 BEST BUY CO 3 VIDEO RECORDERS-FIRE DEPT 594.00
41848 BEST & FLANAGAN LEGAL SERVICE 2726.80
41849 BLACK & VEATCH SERVICE-WATER TREATMENT PLANT ADDITION 12072.95
41850 LOIS BOETTCHER -MINUTES-PARK RECREATION & NATURAL 83.31
RESOURCES COMMISSION
151 BOYER TRUCKS CARBURETOR/CORE EXCHANGE-EQUIPMENT MAINT 455.40
38459826
APRIL 19,I988
41852 LEE M BRANDT HOCKEY OFFICIAL/FEES PAID 292.00
41853 DAVE BROWN BASKETBALL OFFICIAL/FEES PAID 135.00
1854 BRYAN ROCK PRODUCTS INC GRAVEL-EQUIPMENT MAINTENANCE 2939.46
III .855 BSN CORP -PRO NET PRACTICE CAGE-SUMMER SKILL 1061.50
DEVELOPMENT
41856 NATE BUCK VOLLEYBALL OFFICIAL/FEES PAID 202.50
41857 BUDGET ELECTRIC INC INSTALL DUPLEX OUTLET-SENIOR CENTER 112.38
41858 BURTON EQUIPMENT INC SHELVING-COPY RODM-CITY HALL 283.12
41859 BUSINESS CREDIT LEASING INC APRIL 88 COPIER RENTAL-FIRE DEPT ,, 182.75
41860 C & H DISTRIBUTORS INC SAFETY CABINET-WATER DEPT 361.67
4186I CARLSON & CARLSON ASSOC EMPLOYEE ASSISTANCE-HUMAN RESOURCES 27.50
41862 CENTURION TECHNOLOGY SYSTEMS INC -SETUP FORD PICKUP/INSTALL OUTLET STRIP 408.47
IN EQUIPMENT ROOM-FIRE DEPT
41863 C & N W TRANSP CO 1 YEAR LEASE-STORM SEWER DRAINAGE 60.00
41864 CHAPIN PUBLISHING CO -LEGAL ADS-PARK RECREATION & NATURAL 76.50
RESOURCES DEPT
41865 CLEVELAND COTTON PRODUCTS PAPER TOWELS-WATER DEPT 105.80
41866 CLUTCH & TRANSMISSION SER INC -VALVE/GUN/ADAPTER/LUBRICANT-EQUIPMENT 297.67
MAINTENANCE
41867 COMMISSIONER OF REVENUE MARCH 88 FUEL TAX 157.25
41868 CONCEPT MICROFILM INC FORM PRINTING-ENGINEERING DEPT 1261.38
41869 CONSOLIDATED PLASTICS CO INC CHEMICALS-WATER DEPT 117.93
41870 CONSTRUCTION BULLETIN SUBSCRIPTION-ENGINEERING DEPT 69.00
4I871 CONTACT MOBILE COMMUNICATIONS INC -BATTERY/CONVERTER/RADIO REPAIR-EQUIPMENT 832.97
MAINTENANCE
41872 COPY EQUIPMENT INC -SUPPLIES-PLANNING DEPT/LOCATOR-$537.50- 614.98
SEWER DEPT
41873 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 1656.00
874 WARD F DAHLBERG MARCH 88 EXPENSES 80.00
.675 DAKOTA FIRE SUPPRESSION REFUND-FIRE SUPPRESSION PERMIT 15.00
41876 MITCHELL J DEAN MILEAGE 10.00
41877 EUGENE DIETZ MARCH 88 EXPENSES 2D5.O0
41878 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 779.00
41879 JENNIFER DRESSEN MILEAGE 74.75
41880 EDEN PRAIRIE TRASHTRONICS -MARCH 88 TRASH DISPOSAL-CITY HALL/WATER 502.00
-DEPT/POLICE & FIRE BUILDINGS/LIQUOR STORE/
COMMUNITY CENTER
4I881 ESS BROTHERS & SDNS INC SANITARY SEWER COVERS-SEWER DEPT 570.00
41882 RON ESS HOCKEY OFFICIAL/FEES PAID 68.00
41883 DRISKILLS SUPER VALU EXPENSES-COMMUNITY CENTER 283.03
41884 FEIST BLANCHARD CO -BEARINGS/ALTERNATORS/OIL SEALS/CARBURETOR 2376.35
-BELTS/POWER PLUG/CONNECTORS/SOLENOID
-SWITCH/VOLT REGULATOR/SMOG PUMP/FUEL
-PUMPS/CLUTCH ASSEMBLY/VALVES/BUSHINGS/TIE
-ROD/POWER STEERING PUMPS/WIRE/POWER BRAKE
UNIT-EQUIPMENT MAINTENANCE
4I885 FIRE ENGINEERING SUBSCRIPTIONS-FIRE DEPT 126.41
41886 FIRST TRUST CENTER BOND PAYMENT 62175.O0
4I867 FITNESS ASSOCIATES INC STRESS TESTS-FIRE DEPT 275.00
41888 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 666.71
41889 FOX VALLEY SYSTEMS INC MARKERS-WATER DEPT B9.O3
41690 LYNDELL FREY SUPPLIES-SOCIAL EVENTS 74.29
4I891 G & K SERVICES TOWELS-LIQUOR STORE 37.18
41692 DARRELL GEDNEY HOCKEY OFFICIAL/FEES PAID 144.50
393 GEPHART ELECTRIC -INSTALL RECEPTACLE OUTLET-ADMINISTRATIVE 196.00
DEPT
I0000310
41B94 JEANETTE GILLIS KIDS KORNER INSTRUCTOR/FEES PAID
41895 JOSEPH GLEASDN HOCKEY OFFICIAL/FEES PAID 258.00
41896 GOODYEAR COMMERCIAL TIRE TIRES-EQUIPMENT MAINTENANCE 38.28
41897 GOPHER OIL COMPANY HYDRAULIC OIL-WATER DEPT 192.90
1898 GROSS OFFICE SUPPLY SUPPLIES-FIRE DEPT 92.90
.899 GUNNAR ELECTRIC CO INC -INSTALL ELECTRICAL RECEPTACLE-PARK 31140
8.
MAINTENANCE .18
4I900 HACH CO LA8 SUPPLIES-WATER DEPT 41901 ROBERT HANNON HOCKEY OFFICIAL/FEES PAID 122.00
41902 HANSEN THORP PELLINEN OLSON INC -BLUFFS EAST 4TH ADDITION/FRANLO ROAD/ 48122.00
05.42
41903 STEVE HASSE HAMILTON RD/PIONEER TRAIL TO COUNTY RD 18
41903 SEVER'S CARBONIC WEST INC BASKETBALL OFFICIAL/FEES PAID 28.00
41905 HENNEPIN COUNTY TREASURER CHEMICALS-WATER DEPT 770.00
GAFEEL
41906 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 70.00
41907 HENNEPIN TECHNICAL INSTITUTE SCHOOLS-FIRERDEPTISTRATION VERIFICATION 122.00
41908 HOFF & ALLEN PA LEGAL SERVICE 760.
41909 HOMECARE INCORPORATED -PROVIDE & INSTALL 3 STORM WINDOWS-CD8G 4546.25
HO41910 HONEYWELL PROTECTION SERVICES DECEM8ERG87rSSECURITY SYSTEM-SENIOR CENTER
75.00
41911 HONEYWELL PROTECTION SERVICES OCTOBER 87 SECURITY SYSTEM-SENIOR CENTER 426.00
41912 HONEYWELL INC -PROCESS CONTROL MAINTENANCE AGREEMENT- 3579.00
1ST QUARTER 8B-WATER DEPT 3579.00
41913 HONEYWELL INC -AIR COMPRESSOR MAINTENANCE AGREEMENT 88/ 14501.00
-MECHANICAL MAINTENANCE AGREEMENT 88-
41914 MIKE HOSTETLER WATER DEPT
41915 MIKE HILLS SKI AREA HOCKEY OFFICIAL/FEES PAID 187.00
LESSONS/FEESSKI PAID
41916 INDEPENDENT SCHOOL DIST #272 -ROOM RENTAL-EDENPRAIRIE COMMUNITY 8AND/ 2824.5D
KIDS K
'917 INTL ASSN OF ARSON INVESTIGATORS DUES-FIREER DEPT
918 INTERNATIONAL OFFICE SYSTEMS INC TYPEWRITER-FIRE DEPT 37.00
41919 MINNESOTA CHAPTER IAAI DUES-FIRE DEPT 835.00
41920 ISS INTER SERVICE SYSTEM JANITORIAL SUPPLIES-CITY HALL 10.00
41921 MICHAEL W JACQUES MILEAGE 126.52
41922 BRETT JANS BASKETBALL OFFICIAL/FEES PAID 56.00
41923 KAY JOHNSON EXERCISE INSTRUCTOR/FEES PAID 64.00
41924 JUSTUS LUMBER CO TIMBERS/PLYWOOD/TAPE-COMMUNITY CENTER 147.73
60
41925 KEYS WELL DRILLING CO REPAIR WELL PUMP-WATER DEPT . 9
41926 TOM KLITZKE BASKETBALL OFFICIAL/FEES PAID 70.00860.00
41927 KRAEMERS HOME CENTER -PIPE/MIRROR/COUPLINGS/BATTERIES/WHISK
-BROOM/ROLLERS/GLOVES/EYEBOLTS/COIL/DUCT 113.25
-TAPE/TROUBLE LIGHT-PARK MAINTENANCE/WATER
DEPT
41928 DONALD LANG
REPLA41929 LANG PAULY & GREGERSON LTD LEGALCSERVICE-FE FEBRUARYS88ALANDFILLRKENCE 76.00
41930 LEAGUE OF MN CITIES INSURANCE TRU LIABILITY INSURANCE-CITY HALL 3137.00
41931 LONG LAKE FORD TRACTOR -SEAL/SHIELD BEARING/INNER & OUTER GUARDS- 143.03
41932 MAACO AUTO PAINTING BLADES-PARK MAINTENANCE
-BODY REPAIR & PAINT CAR-EQUIPMENT
MAINTENANCE 518.00
41933 MACQUEEN EQUIPMENT INC -SHEAR PINS/SHEAR CLIPS/SHEAR SCREWS/DRIVE 497.64
-SPROCKET 8EARING & ASSEMBLY/NUTS/SPRINGS/
DRIVE CHAIN/OIL SEAL-EQUIPMENT MAINTENANCE
5099692
APRIL 19,1988
41934 MIKE MARUSHIN -WRENCH SETS/BRUSH PARTS/FLASHLIGHTS-WATER 112.00
41935 PHILIP MATHIOWETZ CPT S
1936 MEDICAL OXYGEN & EQUIP CO O OXYGEN-FIREER N-FXYG6
QDEPT 143.85 DEPT 14.65
41937 MEERLINS HARDWARE HANK PLEXIGLAS-PARK MAINTENANCE
41938 METROPOLITAN COUNCIL DATA CENTER MANUAL-SENIOR CENTER 22.50
2.50
41939 METROPOLITAN FIRE EQUIPMENT CO -FIRE EXTINQUISHERS/MAINTENANCE AGREEMENT 54.00
CITY
41940 METROPOLITAN WASTE CONTROL COMMIS MARCH H88LSACCMMUNITy CHARGESCENTER
41941 MARION MILLER KIDS KORNER INSTRUCTOR/FEES PAID 118383.00
41942 MINNESOTA BLUEPRINT -LAMP/CALCULATOR/PAINT/TEMPLATES/NAIL 2 .95
MARKERS/FLAGGING TAPE-ENGINEERING DEPT 21 44.95
41943 MINNESOTA COMMUNICATIONS CORP APRIL 88 PAGER SERVICE-FIRE DEPT
41944 MN CONWAY FIRE & SAFETY FIRE COATS & PANTS-FIRE DEPT 16.00
17
41945 MINNESOTA SUBURBAN NEWSPAPERS INC ADVERTISING-LIQUOR STORE 1.60
41946 R G MODEEN INC PAINT TRAINING ROOM-FIRE DEPT 055.00
41947 MOTOROLA INC RADIO REPAIR-FIRE DEPT 31300.67
0.67
41948 MTI DISTRIBUTING CO -SPRINGS/BEARINGS/SCREWS/DRIVE LOCK PIN/ 252.47
-BLADES/AXEL/BUSHING CASTOR/OIL SEAL-
41949 MY CHEESE SHOP EQUIPMENT MAINTENANCE/PARK MAINTENANCE
EXPR CENTER
41950 NATIONAL HEALTH SUPPLY CORP 1ST EAID SSUPPLIES-RILEY LAKE BEACH 171.67
41951 NATIONAL RECREATION & PARK ASSOCI DUES-SENIOR CENTER .00
41952 VINH THANH NGUYEN VOLLEYBALL OFFICIAL/FEES PAID 127.00
41953 BRIAN NICHOLSON VOLLEYBALL OFFICIAL/FEES PAID 77.50
41954 NORWEST BANK MPLS NA BOND PAYMENT 1946831.4131.50
41955 CURTIS R OBERLANDER EXPENSES-FIRE DEPT 109
41956 OFFICE PRODUCTS OF MN INC -TYPEWRITER REPAIR-SENIOR CENTER/PRINTER- 508.00
1 -$366.00-COMMUNITY CENTER/SOFTWARE-WATER
41957 PAPER WAREHOUSE P
41958 PATRICK & CO PAPER PLATES-SENIOR PROGRAMS 8.00
41959 CONNIE L PETERS DOG TAGS-CITY HALL 138.97
41960 RICHARD PETERSEN ARTWOMILEAGE 20.00
ES 200.00
41961 PEDERSON SELLS EQUIP CO INC -HOSE RCOUPLINGS/YOKEK-SWIM /&E BEARING KIT/ 143.95
-HYDRAULIC LEVER CONTROL KIT-EQUIPMENT
MAINTENANCE
41962 PITNEYBOWES
-COPIER MAINTENANCE AGREEMENT 88-COMMUNITY 844.35
CENTER
41963 POMMER COMPANY INC
-PLAQUES/TROPHIES/BRASS PLATES-ORGANIZED 585.61
-ATHLETICS/POOL LESSONS/VOLLEYBALL-
CETER
41964 POWER PROCESS EQUIPMENT INC PUMPUNITY PACKING-WATER DEPT 946
41965 JOYCE PROVO MILEAGE 110 1
0
41966 PRAIRIE ELECTRIC COMPANY INC -INSTALL FIXTURE 8 REPLACE FIXTURE SOCKETS 348.10
-COMMUNITY CENTER/FURNISH & INSTALL 8 WIRE
-OUTSIDE BUTTON 8 INSIDE HORN FOR FIRE
STATION
41967 PREFERRED IMAGE
600.00
41968 R & R SPECIALTIES INC -WATER SPUMP SHOSE/HYDRAULIC-SPECIAL SOIL/HOSES/BELT/ 250.06
41969 RADIO SHACK ZAMBONI BLADES SHARPENED-ICE ARENA
-CHARGER/MIKE/BATTERIES/RADIOS-STREET 363.60
MAINTENANCE
41970 READY MADE SIGN CO INC NO SMOKING SIGNS-COMMUNITY CENTER 71 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-WYNDHAM CREST/SHADY OAK RIDGE/ 175777.833
-MITCHELL RD FEASIBILITY/HIDDEN GLEN 3RD
209206705
-ADDITION/MITCHELL RD FEASIBILITY/
TECHNOLOGY DRIVE/ROWLAND RD FEASIBILITY
41972 ROAD RESCUE INC DISPOSABLE TOWELS-FIRE DEPT 3D.81
41973 ROOT 0 MATIC SERVICE-OUTDOOR CENTER-STARING LAKE 270.OD
41974 ROYAL CDIN SUPPLIES-SPECIAL EVENTS 293.05
1975 SALLY DISTRIBUTORS INC SUPPLIES-FOR KIDS ONLY 31.90
41976 SEARS ROEBUCK & CO -COVERALLS-PARK MAINTENANCE/SEWER DEPT/ 845.95
ASHER 8DEPT
41977 SEXTON PRINTING INC -PRINTING-SPRINGA88R COMMUNITY PROGRAMS 3631.65
BROCHURE
41976 SHAKOPEE FORD INC
-SQUAD CAR BODY REPAIR-$1090.19-POLICE DEPT 1162.92
-CABLE/PIPE ASSEMBLY/BEARING-WATER DEPT/
41979 STEVE SINELL EQUIPMENT MAINTENANCE
41979 THE SKETCH PAD MARCH 88 EXPENSES 206.00
AWARDS BANQUET INVITATIONS-COUNCIL 55.OD
41981 RUSSELL SMITH ASSOCIATES INC SERVICE 3500.00
41982 SNAP ON TODLS CORP -REPAIR 8 IMPACT GUN/AIR TOOL OIL/SOCKET- 164.35
EUIPMENTINTENANCE
41983 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENTMADS-COMMUNITY CENTER
41984 SPIRIT COACHES BUS SERVICE-SKI TRIP 40.00
40.00
41985 STAR TRIBUNE SUBSCRIPTION-FIRE DEPT
41986 STATE TREASURER88
718.4
MARCH8
41987 STREICHERS PROFESSIONAL POLICE EQ -LIGHTBARS/SPEAKERS/ROTATOR FILTERS/ 847.25
-SWITCH CONTROL CENTER/ALTERNATING HEAD
-LIGHT FLASHER-$702.40-FIRE DEPT/LIGHT/
SWITCH BOX-EQUIPMENT MAINTENANCE
419BB SUBURBAN CHEVROLET RDTOR/DISTRIBUTOR CAP-EQUIPMENT MAINT 35.50
41989 SUPERIOR PRODUCTS VALVE-LIQUOR STORE 12.19
4199D SCOTT COLE SKIDDER RENTAL-DRAINAGE CONTROL 150.00
41991 TARGET CONCESSION SUPPLIES-SPECIAL EVENTS 132.84
'1992 TENNESSEE CHEMICAL CO CHEMICALS-WATER DEPT 4633.45
.993 MARC L THIELMAN ' EXPENSES-FIRE DEPT 147.66
41994 TIERNEY BROTHERS INC KROY TAPE-CITY HALL/PARK PLANNING/ 160.88
41995 TRESTMAN MUSIC CENTER SHEET MUSIC-ART 8 MUSIC PROGRAM 56.70
41996 TWIN CITY TESTING -SUBGRADE RECOMMENDATIONS FOR VALLEY VIEW 1600.00
RDAD IMPROVEMENTS
41997 UNIVERAL BATTERIES-SEWER DEPT 1D.60
41998 U S WEST CELLULAR INC SERVICE 173.38
41999 VALLEY.INDUSTRIAL PROPANE INC GAS CYLINDER-COMMUNITY CENTER 127.95
420D0 VESSCO INC BELT-WATER DEPT 250.98
42001 VICOM INC -APRIL 88 MAINTENANCE AGREEMENT-COMMUNITY 27D.P4
CENTER
420D2 JIM WALTERS PAPERS INC XEROX PAPER-POLICE DEPT 265.00
42003 WATER PRDDUCTS CO -6 1 1/2" METER-$1770.00/CONNECTORS/CLAMPS 4764.4D
-VALVE EXTENSION/SCREWS/GENERATOR/STRAINER
BACKFLOW PREVENTOR-WATER DEPT
42004 WATSON FORSBERG CO SERVICE-FIRE STATIONS #3 8 4 215D17.00
42005 SANDY WERTS EXPENSES/MILEAGE 128.83
42006 WESCO LAMPS-COMMUNITY CENTER 264.36
42007 WILSON TANNER GRAPHICS BUSINESS CARDS-ASSESSING DEPT 40.00
42008 XEROX CORPORATION -FEBRUARY 88 COPIER MAINTENANCE AGREEMENT- 97.13
FIRE DEPT
42009 YOUNGSTEDTS INC WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 117.90
42010 EARL ZENT EXPENSES-ASSESSING DEPT 12.00
24697255
OLF
APRIL 19,1988
42011 ZEP MANUFACTURING CO LUBRICANTS-EQUIPMENT MAINTENANCE 214.20
42012 KAY ZUCCARO AQUA AEROBICS INSTRUCTOR/FEES PAID 210.00
12013 BRUCE HILMER REFUND-SPECIAL ASSESSMENTS 206.97
2014 RICHARD HIRSCH REEFUND-SPEECIAL A.)ar MENTS 116.97
42015 MC DONALDS EXPENSES-SPRING SKILL DEVELOPMENT 4.51
42016 GARY PETERSON EXPENSES-COUNCILMEMBERS 897.P1
36102 VOID OUT CHECK 42.00-
40B70 VOID OUT CHECK 435.00-
41457 VOID OUT CHECK 655.50-
415B5 VOID OUT CHECK 117.25-
41591 VOID OUT CHECK 99.09-
41631 VOID OUT CHECK 396.00-
41689 VOID OUT CHECK 778.36-
41745 VOID OUT CHECK 58.95-
-88204
$3078091.28
DISTRIBUTION BY FUNDS
10 GENERAL 224855.09
11 CERTIFICATE OF INDEBT 2843.35
12 CERTIFICATE DEBT FD 118.61
15 LIQUOR STORE-P V M 52426.42
17 LIQUOR STORE-PRESERVE 30941.11
30 CASH PARK FEES 440.00
31 PARK ACQUIST & DEVELOP 11961.95
33 UTILITY BOND FUND 203181.65
39 86 FIRE STATION CONSTRUCT 215017.00
40 86 FIRE STATION DEBT 140.90
44 UTILITY DEBT FUND 323.94
45 UTILITY DEBT FD ARB 276111.78
47 80 G 0 DEBT FUND 297841.94
51 IMPROVEMENT CONST FD 88815.80
55 IMPROVEMENT DEBT FUND ARB 799280.78
56 ROAD IMPROVEMENT DEBT FD 656490.36
57 ROAD IMPROVEMENT CONST FD 34636.95
73 WATER FUND 61839.18
77 SEWER FUND 119927.16
81 TRUST & ESCROW FUND 297.93
87 CDBG FUND 599.38
$3078091.28
- MEMORANDUM -
IP
TO: The Mayor and City Council
FROM: Jeffrey Johnson, Engineering Technician •
THROUGH: Alan D. Gray, City Engineer
DATE: April 14, 1988
In the 45 days since this item was continued from the March 1 City Council
meeting, Staff has contacted the abutting property owners for their comments
and viewed the area graded by Mr. Zahler. Comments provided by adjacent
property owners are as follows:
- One owner did not like the idea that he (Mr. Zahler) did the work
without first obtaining a permit, but aside from that had no real
problem with the work.
- Another owner had no problem with the work done and feels there is no
effect on his property.
- Another owner said he would like to get the rest of the pond excavated.
- Another property owner stated he was working with the surrounding
property owners trying to reach an agreement as to what should be done,
but this agreement has not been reached.
The areas disturbed during grading operations have been restored and there
are no current erosion problems.
A reivew of City records shows that in conjunction with the construction of
an outlet storm sewer in 1967, the eastern portion of the pond was dredged.
This would indicate that Mr. Zahler's excavation was not the first performed
in this ponding area.
Since dredging of the area has been undertaken prior to Mr. Zahler's project
and since the area disturbed by Mr. Zahler is restored, Staff recommends no
further excavation or placement of fill within or adjacent the pond. An
attempt to restore the pond to the conditions existing prior to Mr. Zahler's
excavation would be more damaging than beneficial.
It is possible, however, to mitigate the effects of the work performed by
providing tree replacement in the graded area. Staff has met with Mr. Zahler
and he has indicated that he will spend $1,500.00 on tree planting. Mr.
Zahler will be at the City Council to present his plans for tree plantings.
Staff recommends approval of an "after-the-fact" grading permit subject to
installation of all plant materials as detailed by Mr. Zahler.
JJ:ss
L.'‘ ,
- MEMORANDUM -
TO: The Mayor and City Council
FROM: Alan D. Gray, P.E. � // D
City Engineer (/`��i
THROUGH: Carl J. Jullie, City Manager
DATE: April 14, 1988
RE: Grading Permit for Metropolitan Waste Control Commission
at River Siphon Site
The Metropolitan Waste Control Commission has applied to the City of Eden
Prairie for a grading permit for the restoration of that portion of the river
bluff eroded during the failure of the Blue Lake Interceptor sewer pipe on
July 23, 1987. Attached to this memo are copies of the plan sheets which
show the grading and restoration features proposed by MWCC. The purpose of
this memo is to summarize the conclusions and recommendations from the
Engineering Department's review of the material submitted by MWCC.
The grading plan for the river bluff portion of the proposed project shows
proposed contours that will result in slopes that are in general equivalent
to or slightly flatter than the natural bluff slopes. With proper top soil
and turf restoration these proposed slopes should have a stability equivalent
to the natural river bluff.
The drainage patterns that are being established by the proposed grading plan
generally restore the drainage patterns that existed prior to the erosion
event on July 23, 1987. A very limited water shed will drain down the river
bluff at this location. Drainage from Riverview Drive will continue north to
a City storm sewer system which will carry drainage westerly and ultimately
down the river bluff through a storm sewer and a storm water holding pond
that is currently in existence. Berms proposed adjacent to Riverview Drive
and a rise in elevation of the entrance road from Riverview Drive will act to
contain any excessive runoff from a heavy rainstorm event. The entrance road
to the headbox facility will be bituminous surfaced and is designed with an
inverted crown so that it can act as a drainage way for runoff from the
adjacent bluff slopes. A bituminous pad has been provided for around the
headbox facility and the access road has been extended down the river bluff
to the floodplain with the inverted crown feature. This has been designed to
act as a drainage way for runoff from the local bluff area and to provide an
emergency spillway in the event excess flows occur in the interceptor sewer
facility.
In general the elevations proposed on the grading plan are equivalent to the
elevations that existed prior to the July 23 storm event. An exception to
this, however is the area westerly of the siphon box on which a new home was
Page 2 of 2
April 14, 1988
being constructed in July 1987. In this area the proposed elevations are
approximately ten feet lower than the elevations that existed prior to the
erosion event on July 23, 1987.
MWCC has proposed a planting schedule that primarily provides a visual buffer
between the site and Riverview Drive and provides for some restoration of
shrubbery type of plantings on the river bluff. MWCC has also proposed an
elaborate entrance gate to the facility that presents the character of a
residential estate. The combination of the berms with plantings adjacent to
Riverview Drive and the entrance gate are designed to discourage the use of
the access road by the general public as a means of access to the river
floodplain.
It is the recommendation of the Engineering Division that the grading permit
be issued to MWCC subject to the following conditions:
1. Riprap be installed at the termination of the access road at the toe of
the river bluff;
2. The seed mixture used for turf establishment be designed to incorporate
plant types that naturally exist on the river bluff as well as a nurse
crop that will provide an initial quick growth and protection from
{ erosion;
3. The planting schedule be broadened to include some tree varieties on the
river bluff and river floodplain area that will assist in a more rapid
restoration of the tree mass that existed in those areas prior to the
July 23 storm event;
4. MCWW shall agree to perform inspections of the river bluff area after
each rainfall event during the initial turf establishment period and to
immediately correct any areas of erosion that occur; and
5. MWCC would complete a pavement evaluation of those segments of Homeward
Hills Road, Concord Drive, Riverview Road and Riverview Drive used as
haul roads for delivery of fill materials used for bluff restoration and
would repair any segments that show deterioration of pavement strength
or base as a result of the construction activities.
ADG:ss
6r!U
In
- MEMORANDUM -
TO: Mayor and City Council
FROM: Eugene A. Dietz, P.E.
Director of Public Works
DATE: April 14, 1988
RE: Mitchell Lake Water Elevation
The Chain-of-Lakes storm sewer was activated in late March. As a result,
City Staff has received several telephone calls regarding the permanent
elevation of Mitchell Lake. Although an attempt has been made to explain the
process that determined the elevation, a request has been made by the home-
owners to appear before the Council. To refresh your memories on the
subject, I have attached some excerpts from our files:
A. Page 6 from the Chain-of-Lakes study;
B. Page 22 of the 1972 Riley-Purgatory Creek Watershed District
Overall Plan;
C. Page 31 of the 1970 Drainage Plan for Eden Prairie;
D. First page of a June 3, 1987 letter from the Riley-Purgatory Creek-
Bluff Creek WSD;
E. Memorandum from Metro Fisheries to area Hydrologist dated June 25,
1987;
F. Portion of official hearing notification as published by the
Watershed District; and
G. January 8, 1987 letter from the Timber Lakes Association.
The chronology of the Chain-of-Lakes project that was implemented and
completed this year began in 1985 when the City petitioned the Watershed
District to proceed. The City approved the draft plan of the Chain-of-Lakes
project at the July 15, 1986 Council Meeting. A public hearing was held
before the Watershed District Board on November 11, 1986. One hundred-eight
four notices of this hearing were mailed out which included the property
owners that had land immediately adjacent to each of the lakes in the system.
The Department of Natural Resources establishes the ordinary high water
elevation (OHW) for each lake. This is a surveying process that takes into
account the type of vegetation and historical water elevations. The OHW for
Mitchell Lake was set at 871.5 and state law allows that the level can be
established 1.5 feet below that. As a result of the study and the public
hearing process, the final elevation for Mitchell Lake was set at 870.0.
While accurate information is not available at this writing, upon completion
of the project and just immediately prior to opening the system in March, the
water elevation was at 872.25.
PAGE 2 OF 2 APRIL 14, 1988
a.
One factor in establishing the OHW at 870.0 is based on the lowest home
elevation adjacent to Mitchell Lake. Our records indicate that the home at
7990 Island Road has a basement elevation of 876.4. Since the lake has a
"bounce" of four feet from OHW to flood stage and our policy as well as the
Watershed District policy is to have a two-foot minimum free board between
flood stage and lowest basement elevation brings the permissible OHW to
870.4. Because of the past studies and reports on the drainage system, the
proposed elevation was established at 870.0.
I will be available at the Council Meeting to discuss this information and to
answer additional questions.
EAD:ss
i i f
gg Round Lakeut Olet
4 The normal level for Round Lake would be established at Elevation 880
'• with the construction of the proposed low level outlet. For the critical
100-year frequency event with a 13 cfs outlet from the lake being provided
78 acre-feet of storage is required. This storage volume results in a
flood level of Elevation 883 approximately 3 feet higher than the normal
level on an average of once every 100 years. The proposed outlet from
Round Lake follows the lake's natural overflow route to Mitchell Lake.
Mitchell Lake Outlet
Mitchell Lake is the second lake in the proposed chain of lakes
improvements. The normal elevation of Mitchell Lake would established at
Elevation 870 with the construction of the low level outlet. Approximately
448 acre-feet of flood storage with an outlet capacity of 17 cfs is
required for the critical 100-year frequency event. This frequency runoff
event will result in approximately a 4 foot increase in lake stage to
Elevation 874. The outlet alignment for Mitchell Lake is in a
southeasterly direction to Red Rock Lake. Three alternate alignmets for
the Mitchell Lake outlet, as previously mentioned, were examined. The
Alternative 1 alignment is identical to the alignment shown in the City of
Eden Prairie Drainage Plan. The Alternate 1 outlet has capacity to serve
as the trunk storm sewer system for the urbanizing areas adjacent to
alignment. The Alternate 2 outlet from Mitchell Lake will be used only to
convey the outflow discharge from Mitchell Lake to Red Rock Lake. As the
area between the two lakes urbanizes, an additional trunk sewer system to
serve these developing areas will be required if Alternate 2 is
implemented.
The Alternate 3 outlet from Mitchell Lake provides the capacity to
convey the outflow discharge from Mitchell Lake to Red Rock Lake; however,
stormwater storage is proposed along the alignment to manage surface water
runoff from the urbanizing areas.
6
r- RILEY- PURGATORY CREEK
ArI • WATERSHED DISTRICT
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PROPOSED TRUNK STORM SEWER CHAIN OF LAKES
OPEN CHANNELS
ARTIFICIAL STORAGE SITE CD
STORM SEWER SIZE 21'
INVERT ELEVATION (�a1r
DISCHARGE IN CFS Co)
NORMAL WATER LEVEL e)o Mt
100 YEAR FREQUENCY FLOOD LEVEL 832 FL
I
STORAGE VOLUME REQUIRED IN ACRE FEET zoo GF
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BARR ENGINEERING CO.
r /-) F�F� CONSULTING NYWiauuC ENGINEERS
GG i
r'— EDEN PRAIRIE
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sif 1 ! DRAINAGE PLAN
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MAJOR WATERSHED DIVIDE
PROPOSED TRUNK STORM SEWER
OPEN CHANNELS CHAIN OF LAKES
ARTIFICIAL STORAGE SITE a
STORM SEWER SIZE re WATERSHED
ERSHED
INVERT ELEVATION ,e•r
DISCHARGE IN CFS �� '"
1MAL WATER LEVEL
830 NL
is./0 YEAR FREQUENCY FLOOD LEVEL
832 rL
STORAGE VOLUME REQUIRED IN ACRE FEET 200 0
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(j BARR ENGINEERING CO.
.II CONSULTING HYDRAULIC ENGINEERS
Riley-Purgatory-Bluff Creek Watershed District
/ 3 a \
Engineering Advisor Parr Fngi tcrine Co.
7803 Glenroy Road
�....... Minneapolis,MN 55435
Q7‘., `1, 830 0555
Legal Advisor, Popham,Haik,Schnobrich,Kaufman&Doty RECEIVED
« :L 4344 IDS Center
Minneapolis,MN 55402 :JUN 2 9 �9 o4
333-4800•
June 3, 1987 BARK EIyGR co
Mr. Eugene Dietz :c. C- S _O?S
g Mr. Kent Lokkesmoe
Director of Public Works Regional Hydrologist
City of Eden Prairie Minn. Dept. of Natural Resources
7600 Executive Drive 1200 Warner Road
Eden Prairie, MN 55344 St. Paul, MN 55106
Re: Round Lake to Staring Lake Outlet Project: Eden Prairie
Dear Messrs. Dietz and Lokkesmoe:
The Board of Managers of the Riley-Purgatory-Bluff Creek Watershed
District has reviewed the plans, grading, and land alteration permit
application and MDNR Chapter 105 Work in Protected Waters permit
application for the Round Lake to Staring Lake outlet project in Eden
Prairie. The Managers approve the grading and land alteration permit and
recommends that the Minnesota Department of Natural Resources approve the
MDNR Chapter 105 Work in Protected Waters permit application for this
project subject to the following conditions:
a. The construction plans for this project propose that the normal
elevations of the Chain of Lakes, Round, Mitchell, Red Rock, and
McCoy are to be established in accordance with criteria set forth
by the MDNR - the normal elevations of protected waters area can
be set no lower than 1.5 feet below the natural ordinary high
water elevation established by the MDNR. The natural ordinary
high water elevations as determined by the Minnesota Department of
Natural Resources are as follows: Round - 880.8; Mitchell -
871.5; Red Rock - 840.5; McCoy - 824.5. The project proposes that
the normal elevations of these basins be established at the
following elevations: Round - 880.0; Mitchell - 870.0; Red Rock -
839.0; McCoy - 823.0. Establishment of the normal elevations as
proposed will not necessitate the acquisition of any flowage
easements or property rights from riparian property owners.
Establishment of the normal elevations as shown on the
construction plans will also result in the calculated 100-year
frequency flood elevations for these lakes, based on ultimate
development conditions, considerably lower than the high water
elevation that the lakes could reach if the basin remained
ll Oc , L4...n..f.
STATE OF P .1JESOTA
-rARTMENT of Natural Resources Office Memorandum
Metro Fisheries
To: DATE: 6/25/87
Judy Boudreau
Area Hydrologist
FROM:
,//��((
PHONE 6-2959
Bruce Gilbertson 412/ .1 •
Area Fisheries Supervisor
SUBJECT:
City of Eden Prairie Trunk Storm Sewer System
I have reviewed the application for the proposed trunk storm
serer system by the City of Eden Prairie and have the
following comments.
The proposed work will affect Round, Mitchell, Red Rock, and
Starring Lakes as well as various other wetlands. Changing
the established OHW's to lower levels rill not significantly
affect Round Lake, which has experienced high rater levels
in recent years, but will increase the potential for
rinterkills on Mitchell, and Red Rock Lakes. The City of
Eden Prairie has plans to aerate Mitchell Lake, as part of
its park development plan, which will prevent rinterkill on
that basin and allow for intensive fish management.
Lowering water levels on Red Rock Lake will also increase
potential for rinterkills. The city should accelerate its
plans to develop access and aerate Red Rock Lake to offset
the effects of lowering rater levels.
The storm severs connecting the various basins should be
constructed to function as velocity fish barriers preventing
upstream migration of fish. Storm serer settle ponds should
be utilized where possible to further protect rater quality
since the watershed is anticipated to become "developed",
reducing retention times and increasing nutrient loads.
Siltation - settling ponds will protect the rater quality of
Starring Lake.
BG/sh boudreau
(,n)•
/ • Z- C' S •
'1 rUo11sM`U UI Ube Well fnuSK 41cw0 ten...
8,1986;No.44721
OFFICIAL NOTICE •
RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT
IN THE MATTER OF lr4K PETITION OF
THE CITY OF EDEN PRAIRIE FOR
CONSTRUCTION OF THE CHAIN OF
LAKES BASIC WATER MANAGEMENT
PROJECT TO PROVIDE SURFACE
WATER
• OUTLETS FOR ROUND,MITCHELL.
RED ROCK AND MCCOY LAKES
LOCATED
IN THE CITY OF EDEN PRAIRIE;
BASIC WATER MANAGEMENT
PROJECT 1986-1
Notice is hereby given that a public
hearing will be held by'the Board of
Managers of•th'e Riley-Purgatory-Bluff
Creek Watershed District on the 11th day of
November,1986 at 7:30 p.m.in the Eden
Prairie School Administration Building,8100
School Road,Eden Prairie,Minnesota 55344
to determine whether the Chain of Lakes
Basic Water Management Project to Of
. ._ surface water outlets for Round,Mitchell,
Red Rock and McCoy Lakes located in the
City of Eden Prairie,should be ordered by •
an theManagers.:,r_ y .;:•-ts, ..,
The bgsiewateyptanngement protect'Was
initiated by petition of Council of the(try of •
Eden Prairie on April 3,1985.The Watershed
District's engineer's report on the feasibility
of the proposed project was submitted to and
approved by the Board of Managers of the
Watershed District on Wednesday,October •
1,1986.Copies of the engineer's report have
been filed with the Director of the Division of
Waters,Soils and.Minerals of the Depart•
ment of Natural Resources,the Minnesota
Water Resources Board and the,
• Metropolitan Council as required by Min-
nesota Statutes Sec.112.48,subd.I.
A general description of the Chain of Lakes
project includes the following:Roundiake,
Mitchell Lake,Red Rock Lake and McCoy
'Lake are part of a•chain of lakes in the
• Watershed District?which do not have low
•
level surface water outlets required to
remove excess surface water runoff and to
stabilize water levels.These lakes presently
rely on'evaporation'and•seepage as'the;
outlets for excess Water.,?47 • "•"�,� - •
• - .. Duck'Lake,whicb'is part of the.chain•of.
lakes,has a surfacestpater outlet which`Was
, constructed-in,eatI r i969.iThe Duck Lake
. outlet.was Miylgrfpd'tq':altevjate t serious
•
•'•water problems-and lresulttngdamage to;
private and publio'lmprovements including
residential homes abutting.the lake.'The
chain of lakes watershed is receiving in-
creased surface water runoff as urbanization
continues in,the.Oland,land tributary.
watershed.'The-District's Basic',Water
Management plan teethe five lakes requires
the installation oftaurface Water outlets.to
• handle the water'-dIscharges. Outlets
provided by evaporation and seepage are not
and will not be adequate to remove excess •
• surface water runoff which Is increasing as
urban development continues.The Water-
shed District's overall plan contemplates the
undertaking of file•Chain bt'.Lakes Basic
Water Management Project to establish the
following:a normal level for Round Lake at •
elevation 880.The proposed outlet for Round
Lake will follow the existing overflow route
to Mitchell Lake which will have a normal
-. elevation established at elevation 870.The
water leaving Mitchell Lake can flow over
alternative alignments but generally flows in
•• a southeasterly direction to Red Rock Lake
which will have,an established normal
.elevation of 838.The outlet Iron Red Rock
Lake will discharge Initially into a small
pond between Red Rock Lake and McCoy •
Lake which nond discharves tn*fefiw Irk•
•
(,�JG
i _.
TIMBER LAKES ASSOCIATION
7919 South Bay Curve
Eden Prairie, MN 55344 O i ;:�
LJL EN'. ' L!
January 8, 1987 2 'c27
CITY OF
Mr.Gene Dietz EDENP'RAIRIE
City Engineer
8950 Eden Prairie Road
Eden Prairie, MN 55344
Dear Mr. Dietz:
For many years the city of Eden Prairie has employed Barr Engineering to monitor the
level of Mitchell Lake. Thieir graphs show that the lake has risen nine feet in the last 11
years and has risen more than a foot a year during the past three years. This
extraordinary rise is due to three things:
• Above average precipitation the last two years,
• The pumping of Round Lake into Mitchell Lake in the summer of 1985,and
• Rapid development of the land around Mitchell Lake.
The lake is currently at its"flood-level"height of 874 feet. Serious,irreversible damage
to the lakeshore has already occurred. This has been realized by your department and
the city in that you petitioned the Watersled District to move forward with the Chain-of-
Lakes Project. When this project is complete, it will regulate the level of Mitchell Lake
at 870 feet. However,the completion of this project is at least 18 months away.
We are concerned with the interim period of time should the lake continue to rise. Your
own survey has shown the basement of our lowest elevated house at 876 feet, only two
feet above the current lake level. We are afraid that due to the increased rate of
development around Mitchell lake even normal levels of precipitation will cause the lake
to rise further.
We would like to know what plans,if any,you have to prevent the lake from rising to the
point where property damage will occur. If a plan is in place,could you please send me a
summary. if a plan has not yet been devised, we urge you to hurry in case it is needed
for the spring 1987 thaw.
We know that the city views seriously its obligation to preserve the lakeshore and
property around Mitchell Lake. The time to act is now if we are to prevent any further
lakeshore damage and any possible property damage. Let me thank you in advance for
your attention to this matter. I look forward to hearing from you shortly.
Since ely,e'l/./5) .-A-C-44
•
David B.Ludvig
Association Vice President
tp:TCwAssoc 1
MEMO
TO- City Council
FROM: Donald R. Uram, Assistant Planner
THROUGH: Chris Enger, Director of Planning
DATE: April 14, 1988
RE: LEGION PARK GRADING PLAN
On August 18, 1987, the American Legion received approval to construct a 14,300
square foot banquet facility at their present location. The approval process
included a Zoning District Change and Preliminary Plat of 9.33 acres into 3 lots and
1 outlot. As part of the future construction of the American Legion, the developer
of the property (R.M. Feerick) has submitted a grading plan for the entire 9.33-acre
site. This grading plan is designed to allow for the preparation of building pads
on Lots 1 and 2, currently zoned I-2 and I-5 respectively, and to provide fill which
is required for the development of the American Legion property.
A previous developer's agreement, dated April 22, 1977, requires a 50-foot buffer
strip along the rear of Lots 2 and 3, Lincolnwood P.ddition and a 30-foot buffer
strip along the Moore house (see attached developer's agreement). The developer's
agreement states that "the area delineated in blue on Exhibit A is to be kept and
maintained as a buffer between the owner's property and the residential properties
to the northwest. This buffer is generally 50 feet in width. It is to be
understood and agreed that whatever buffering and screening is to be done shall be
made a condition to any future development on the subject property and that the
buffer strip as so delineated is to be left in its present condition without the
express prior approval of the City". The submitted grading plan is proposing a 15-
foot buffer strip along the property lines mentioned. Proposed screening would
consist of 15 evergreens ranging in size from 6 to 10 feet in height in combination
with 155, 15-to 18-inch dogwood and cotoneasters. 8ased upon an cm-site inspection,
the substitution of the existing natural plant material and a 50-foot buffer strip
on-site, as compared to the submitted development proposal has been determined to be
inadequate. This is based on the fact that the removal of approximately 50 feet of
existing natural underbrush and trees cannot be replaced by 15" to 18" shrubbery.
In addition, due to the lack of a development proposal at this time and the
uncertainty of what may occur on the industrial property, an appropriate screening
plan cannot be determined at this time. Alternatives suggested to the proponent
include the recommendation that the 50-foot buffer area be maintained with any
grading commencing outside of this area, or that if grading is allowed within this
area, a double row of 8-to 10-foot coniferous trees shall be planted along the
property lire to provide screening from the industrial properties (see attached
letter).
Because of the previous developer's agreement, and the lack of an adequate screening
plan, it is recommended that the proponent commence grading outside of the proposed
50-foot and 30-foot buffer strip until such time as a development proposal on Lot 2
has been submitted for City review. This would provide the City with the
opportunity to review any required screening in terms of the proposed building and
land use which could be expected on this site.
With the exception of the 50-foot and 30-foot buffer strip, the proposed grading
plan is consistent with the approved plan for the American Legion project and would
be recommended for approval.
,1
VP
CITY OFFICES/7600 EXECUTIVE DRIVE I EDEN PRAIRIE,MN 55344.3677/TELEPHONE(612)937.2262
edec-r
• tzracam
January 22, 1988
Mr. Dick Ferrick
7103 Interlachen Court
Eden Prairie, MN 55344
Dear Mr. Feerick:
Staff has completed a preliminary review of the American Legion grading
December 21, 1987. The plan depicts a minimum of a 15 foot undisturbed area along
the northern property line. plan, dated
buffer strip be maintained along theresidentiale ehomesgtoethetnoorrth. thattalso a 50 foot
that "whatever buffering and screening is to be done shall
to
any future development m the subject property �n. It states
.. With the exxcceptioncofd radn 8,
no development is being proposed at this time. p would
recommend that the 50 foot buffer be Becauseny gr iofn that,00 siStaff utside
of this area. A copy of the develooppertslagreement ned with aand a drawing depictinggtsthe
appropriate buffer has been included as a reference.
the
Staff appreciates the time you took to meet with us and regrets the delay in
respondings . to your grading plan. We look forward to reviewing your n
plp
ew
grading
Thank you for your cooperation.
Sincerely,
City of Eden Prairie
Donald R. Dram, A.I.C.P.
Assistant Planner
Enclosure
DRU:bs
,i
RE-ZONING AGREEMENT
THIS AGREEMENT, made and entered into this L_ day of n',G
by and between ANDREW N, JUSTUS, , 1977
hereinafter referred to as "Owner,"
and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City,"
Y,
•
WITNESSETH:
WHEREAS, Owner has requested the City to change the designation of a
portion of the area designated as PUD 77-19 from I-2 Park to I-General for
development of land more fully desczibed/andsdelineated in red
own on Exhibit A which is
attached hereto and made a part hereof; and
WHEREAS, it is believed that the rezoning of said area to Industrial
(I-General) would be in the public's interest, welfare and convenience
of the people of the City of Eden Prairie and in accordance with the
development of the Planned Unit Developmental Plan for the area; and
WHEREAS, Owner agrees to develop the aforementioned property in con-
sideration of the City's changing of the zoning; and Owner further agrees
that as a part of said consideration, it will lay out, develop and maintain
said project as hereinafter set forth;
NOW, THEREFORE, this agreement witnesseth that for and in consideration
of the Mayor and the City Council of the City of Eden Prairie adopting an
Ordinance changing the designation PUD 77-19 from I-2 Park to I-General the
Owner agrees to construct future buildings on said property in accordance
with the planning, architectural, engineering and landscaping requirements
of all City Ordinances, subject to the following conditions:
DEVELOPER AGREEMENT
I
That it is the sense of the parties that the area delineated
•
in blue on Exhibit A is to be kept and maintained as a buffer
between the owner's property and the residential property to the
Northwest. This buffer is generally 50 feet in width. It is to
be understood and agreed that whatever buffering and screening
is to be done shall be made a condition to any future develop-
ment on the subject property and that the buffer strip as so
delineated is to be left in its present condition without the
express prior approval of the City,
FURTHER CITY AND PROPERTY OWNERS AGREE:
1. That the Property owners shall comply with all applicable
rules, regulations, ordinances and laws of the City of
Eden Prairie,
2. That the provisions of this Agreement shall be binding
upon and enforceable against owner, its successors and
assigns, and upon all subsequent owners, their respective
heirs, successors and assigns of the property herein
described.
3. That an executed copy of this Agreement shall be recorded
with the Register of Deeds, Hennepin County, Minnesota.
IN WITNESS WHEREOF, the parties to this Agzgepient have caused their
presents to be executed the day and year aforesaid.
Andrew N. Justus'
CITY OF EDEN PRAIRIE, a municipal
corporation BY: •
. .
j o1fgORg enze , Mayor
p?nne, jtyC1erk
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MAR 31 1988
11
March 29, 1988
Mr. Carl Julie
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Dear Carl,
Confirming our recent conversations, it is with profound regret
that I must submit my resignation as the Eden Prairie
representative on the Minnetonka Community Services Advisory
Council effective immediately. Although we have remained in the
general area, we have moved out of Eden Prairie.
The opportunity of serving on the Advisory Council has been an
extremely rewarding experience. I wish to thank the City of Eden
Prairie for the chance of contributing in some small way to an
organization which I found to be extremely responsive to the
needs of the community, reaching all sectors from the very young
to the elderly.
Although my resignation is effective immediately, if you wish, I
would be most willing to continue representing the interests of
Eden Prairie until such time as you have selected a replacement.
Please let me know if I can assist in this manner.
As a personal note, we have found our 14 years of residency in
Eden Prairie to be a very positive experience (with one minor
exception, of course). I wish you and the City continued success
in the future.
Again, I wish to express my appreciation to the City of Eden
Prairie for affording me the opportunity to serve as the City
representative on the MCS Advisory Council.
Yours truly,
Robert Mavis
cc: James Jones, Director MCS
13701 Wood Lane
Minnetonka, MN 55343
Tel: 541-9039 (H)
638-7420 (W)
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- MEMORANDUM -
TO: The Mayor and City Council /i
FROM: Eugene A. Dietz, P.E.
Director of Public Works G"
DATE: April 14, 1988
RE: • City Participation in TH 5 Project
Recent meetings have formulated a plan to expedite the improvements to TH 5
between Carnelian Lane and County Road 17 in Chanhassen. In very general
terms, the proposed agreement is as follows:
1. The City of Eden Prairie will contribute $50,000.00;
2. The City of Eden Prairie would be the lead agency for contract
administration of the design work;
3. Barton Aschman would be the consultant performing the design work
for TH 5;
4. An agreement would be prepared between Barton Aschman and the City
of Eden Prairie which would limit the City's exposure to
$50,000.00;
5. Mn/DOT would pay $200,000.00 towards a total estimated fee of
$423,000.00 and the balance would come from other cities and
private parties; and
6. The consultant performed aspects of this project would include
appraisals and preliminary right-of-way acquisition procedures.
If the details can be worked out to everyone's satisfaction, it is proposed
that the bids could be opened for the project as early as June, 1989 with a
completion of Fall 1990.
The schedule is very optimistic, but does have potential for success.
Clearly, the Mn/DOT has made two major concessions on this project
--
assuming a funded road program from the legislature this year, they will
assure that money is available for the scheduled bid opening and they will
allow the "quick-take" condemnation process to occur. It appears that all
the parties are in a cooperative mode. With these factors in mind, Staff
recommends that Council authorize the negotiation with Barton Aschman and
Mn/DDT to proceed.
EAD:ss
MEMO
TO: MAYOR AND CITY COUNCIL
THROUGH: CARL JULLIE, CITY MANAGER
FROM: ROGER A. PAULY, CITY ATTORNEY
RE: SWANSON V. CITY OF BLOOMINGTON
DATE: APRIL 13, 1988
As requested by Mr. Anderson at the last meeting of the Coun-
cil, I have reviewed the above-referenced case and have the fol-
lowing observations and comments:
The case involves a request by a property owner to subdivide
an approximately one-acre lot containing a single-family house.
The property is situated in an area of similar properties charac-
terized as unique, densely wooded, secluded in character, and
serving as wildlife, as well as human, habitat. For thirty years,
the property, together with surrounding properties, was subject
to restrictive covenants prohibiting subdivision of the large lots
and protectingthe wooded natural environment. After several
hearings on the matter, the City Council denied the request for
subdivision of the property. The Council did so on the basis of
City Code provisions requiring it to do so if,
[1] the physical characteristics of the site,
including but not limited to topography, vege-
tation, susceptibility to erosion and siltation,
susceptibility to flooding, water storage, and
retention, are such that the site is not
suitable for the type of development or use
contemplated.
l) (
Memo to Mayor and City Council
Page Two (re Swanson v. Bloomington)
April 13, 1988
[2] the design of the subdivision or the pro-
posed improvements are likely to cause substan-
tial environmental damage.
[3] the design of the subdivision or the type of
improvements will be detrimental to the health,
safety, or general welfare of the public.
The Council denied the subdivision on the basis of evidence by the
City's Director of Planning and the City Forester that the creation
of an additional home site on the lot would jeopardize vegetation
on the lot, stress the vegetation upon the surrounding properties,
increase the possibility of tree disease and wind damage, and a
recommendation that the subdivision request be denied. In addition,
a wildlife biologist similarly described the disruptive effect of
clearings in the woodland area, loss of windbreak benefits and
loss of wildlife habitat.
The majority of the Minnesota Supreme Court's Opinion dealt
with the procedural aspects involved in the lower court's granting
summary judgment in favor of the City. Nevertheless, the Court
went on to hold that the City Council's finding of a likelihood
of substantial environmental damage is supported by the evidence
and provides a rational basis for the decision. It stated that
such a finding is sufficient reason under the ordinance for denying
the plat application.
This decision suggests the value of specific standards for
the denial of subdivisions, rezonings, and permits. While Chap-
ter 11 of the City Code relating to zoning, flood plains regulation,
Memo to Mayor and City Council
Page Three (re Swanson v. Bloomington)
April 13, 1988
shoreland management, land alteration, and sloped ground develop-
ment contains various criteria and standards for approval or
denial of various requests under those sections, Chapter 12 of
the City Code, which provides subdivision regulations, contains
little in the way of a prohibition against subdivision for envi-
ronmental reasons. For example, Section 12.04, Subd. 5, merely
provides, generally, that the Council may require such revisions
in the plat as it deems necessary for the health, safety, general
welfare, and convenience of the City, and that no plan will be
approved for a subdivision which covers an area subject to soil
erosion or periodic flooding. Subd. 12.G. provides that in sub-
dividing, regard shall be shown for all natural features, such as
trees, water courses, steep slopes, erodable soils, historic spots,
or similar conditions which, if preserved, will add attractiveness
and stability to the proposed development.
While there are a number of environmental standards set forth
in Chapter 11, as noted, it would be useful to review and catalogue
those standards permitting the denial of requests for rezoning or
permits with a view to (1) making them more definite and certain
and (2) supplementing them with such additional standards as may
be desirable. For example, it may be desirable to set out environ-
mental and other standards which would apply in each instance of
rezoning, requested permits for flood plain and shoreland develop-
ment, land alterations and sloped ground development, as well as
Memo to Mayor and City Council
Page Four (re Swanson v. Bloomington)
April 13, 1988
subdivisions. There would, of course, continue to be certain
riteria and standards which would be unique and applicable to
each of those subjects.
It should be noted that the introduction of such criteria
and standards into the City Code would not necessarily justify
a denial of development of property under certain circumstances.
For example, if the denial prevented the owner from all reasonable
use of the property, it could be considered a taking under the
federal constitution by virtue of recently announced principles
of the United States Supreme Court. That issue was not involved
in the Swanson case. The important factor here is that even
having such standards and criteria in place in the Code, they
must be carefully and judicially applied in the light of the
specific circumstances.
For your information, I am enclosing a copy of the above-
referenced decision.
RAP:cw
(.AC
_m
4
SUPREME COURT SECTION ,rC/�
FINANCEANDCOMMERCE7
Weekly Civil Appellate Edition of the DAILY Business Newspaper
ONE.IIt:NDREOTII YEAR Reg O S.PALAT M ON. MINNEAPOL.IS.MINNESOTA FRIDAY. .MARCH IS Ilal. Weekly
PubliT ed
...____. Aaeuellr MIA
STATE OF MINNESOTA •
IN SUPREME COURT
C3-86-782
Court of Appeals Wahl,J.
•
• Concurring rpcnieiIy,Popovich,J.
John F.Swanson,et al., Yenta,J.
Respondents, •
tlatthew Fling, John Waters,
Atty.. Bloomington, and
vy Vance Grannie, Jr., Atty.,
South St. Paul
•
City of Bloomington,petitioner, David Ornstein, Bloomington City
Appellant Atty., Henry Wieland Beet. city Amicus CuriaeI Stanley Atty., Rric Berg, Asroc. City Atty„Peekar, League of Ian. SYLLABUS Bloomington
• Cities, St. Paul
I. The district court properly reviewed the municipal zoning decision on the •
record where the municipal proceeding was fair end the record is clear and complete. •
S.The district court properly granted summary Judgment to the city..
Reversed;Judgment of district court reinstated.
Heard,considered and derided by the court en bane.
OPINION
WAIHL,Justice.
John Swenson and Denald'Ce nal*'1 do I t'd'dichinstory Judgment action In
Hennepin County District Court challenging the Bloomington city council's denial of en
application to subdivide a residential lot In the Timberglede 2nd Addition Into two
residential lots. Swenson end Cadmus sought to establish that the city's action was
•
arbitrary,capricious end unreasonable end they requested an order that would compel
subdivision or,In the alternative, would find that there was e taking. The district
court,after a review of the record,granted summary Judgment to the city.The court of
appeals r ed end remanded, holding that respondents were entitled to pursue
discovery and to present additional referent evidence to the district court.We reverse
and reinstate the Judgment of the trill court.
•The Timberglede subdivision of the city of Bloomington is unique in Its densely •
wooded,secluded character end serves as wildlife en well es human habitat.Its single
family homes are typically locator,on sites exceeding one sere. For thirty years,from
the Inception of the Timberglede subdivision until two or three years before the present
suit was Instituted,landowners there were governed by a restrictive<overlent whits
•
prohibited Subdivision of the large lots and protected its wooded,natural envlronmenL
Donald Cadmus Is the fee owner of the real property at IS Timberglede Road In
the Timberglede subdivision. John Swenson In the contract purchaser of the properly
and has resided there since October 1981.The property consists of a residential lot of
approximately/6,000 square feet with a single-family house. Cadmus applied for
approval of a preliminary and final plat subdividing the lot Into two residential single •
-
family lots. The oily council(hereinafter council)held public hearings end raeelved
written reports from the eity's Director of Planning and the City Forester. The
Director of Planning described the likely results of the creation of a new homesite—
jeopardy to the vegetation on the tat,stress on the,vegetation of the surrounding
properties,increased possibility of tree disease and wind damage—end recommended
that the subdivision request be denied. The City Forester concurred. A wildlife
biologist,testifying on behalf of the the neighbors,similarly described the disruptive
effect of clearings in the woodland area,loss of windbreak benefits and loss of wildlife '
habitat. A number of neighbors spoke opposing the subdivision. Speaking in favor of
the subdivision were Cadmus,Swanson,and a landscape architect presented by Cadmus
and Swanson's attorney.
The city council hosed its decision to deny approval of the preliminary and final
plat an section 16.05.ot(e)of the 11luo.nington City Code,which provides:
(c) In the on,of ell pintlines,the Planning Commission or the •
Adnnlnislrativc Subdivision Review Committee, whichever is
opphenhle,soon recommend denial of,and the City Council sholt
deny,npprovnl of o preliminary or final plat If It makes any of •
the following findings:
•• • (I)'fhot the proposed subdivision is In conflict with
opplicable general and specific pions "
(S)'1'hnl the design or Improvement of the proposed •
subdivision, iv in conflict with applicable development
plans.
(3)Thnl Il,e pl.y.sieal ehnrnelcrists rile,including
Ir but not limited to mnogrephy,vegicetation,ofthe susceptibility to
erosion rind siltnhnn, suseeptibilily to flooding, water
• storage,end retention,me snob that the site is not suitable
for nnc type of development or use contemplated.
•
(A)That the site Is not physically suitable for the proposed
density of development.
I (S)'that the design of the subdivision or the proposed
Improvements are likely la cause substantial environmental
ds.nagc. •
•
•
�(F)'fhvl the dgf thbdivision or he
onpruvenenls willesi bne doc«imernlalsu t
to the health,so felt'type,of 0
general weilnre of the public.
•
(1)Thnt the design of lie subdivision or the type of •
improvenneuls will conflict with ensements of record or to
ensonouls established by judgment of a court.
Speeificnlly,the conned mode findings under paragraphs(5),(S),and(6)of section •
16.05.01(e), concluding that the proposed subdivision would_result In substantial
destruction of veyelntion on the subject site,creating a large opening which would not
only be dvtri'nedtnl to the property In qucsllon but would also Jeopardise ubllrtg
vegetation on adjacent properties.The council adopted the findings and memoranda of
the Director of Planning end the City Forester and,on the bash of the significant
;1'7 e'
destruction of vegetation mode the finding In S 16.03.01(eX3),thet the site was not
suitable for the type of development or use contemplated. •Tha council made the
finding In S 16.05.011e)15)on the bests of the environmental disruption to the site and to
the entire Timberglede subdivision that would be crested by appearing the plat.
Fineily, the council noted that neighboring property owners were unanimous In their
opposition to the proposed plat,and determined that the planned removal of trees and
vegetelion from the subject property would disrupt the crenil integrity of Um
woodland and thereby have o negative effect on the general welfare of the persona
residing in the Timberglede subdivision. On this bnsia the council made the finding in S
16.05.01(0(6).
Swanson end Cadmus brought this action In district court challenging the denial of
the subdivision application,The city moved for summary judgment on the record before
the council,Including transcripts of the hearings and other evidence submitted. The
plaintiffs moved for an order compelling discovery and asked to submit additional
evidence which they hoped to acquire through discovery.The district court determined
that because an accurate verbatim record of the complete hearing before the city
council was available,It was proper to decide the ease based on a review of the record
rather than by conducting the trial required of the city in Horan v,City of Coon Rapids,
313 N.W.2d 409.416(Minn.1981). To require a trial de novo in this case,in the district
court's view,would infringe on the decision-making process of the city and weigh
against the policy of judicial economy. The district court reviewed the record of the
council,and,finding evidentiary support for the councils findings and a rational besis
for the council's decision,granted summary judgment for the city.The court of appeals
reversed that judgment on the single ground that Honn v. City of Coon Rapids required
• trial de novo to give respondents en opportunity to present relevant additional
evidence when the parties had neither agreed to nor acquiesced in submission of the
ease by review of'the record,and held that the granting of summary judgment was
inappropriate.Swanson r.City of Bloomington 395 N.W.2d 719,723(Minn.App.1988).
We granted review to examine the matter in the context of our decisions in Noon
v. City of Coon Rapids,313 N.W.2d 409,end Hubbard Broadcasting,Inc.v. City of
Afton, 323 N.W.2d 757 (Minn. 1982), to harmonize out eases, and to modify, If
necessary,the procedure for review of zoning decisions set out in Nunn, Our review in
focused on tan issues: first,whether a district court,in a declaratory judgment action
challenging the denial of s subdivision application,may grant summary judgment based
on Its review of a record consisting,in this ease, of•municipal body's findings and
accompanying memoranda,verbatim transcripts of hearings before the municipal body,
as well as memorandum submitted by the applicant;and second,whether the district
court properly granted summary judgment to the city. .
•
Before we determine whether the dltrict court In this case properly granted
summery judgment on the record made by the city council,or whether Horn requires a
trial In every such case,it Is useful to reflect on our traditional approach to zoning ,
matters. In While Beer Docking and Store...,Inc.v.CIty of While Bear Lake 321
N.W.2d 171,175(Minn. 1982),we considered the role of the judiciary in countermanding
zoning decisions reached by municipal officials and concluded that lithe eourPs
authority to interfere in the management of municipal affairs Is,and should be,limited
and sparingly invoked.' We reiterated the rule we had set out In Monti v:City of Coon
Rapids governing standard of review in zoning matters: "The standard of review is the
same for all zoning matters, namely, whether the zoning authority'.action was
reesonehte ••• Is there a reasonable basis' for the decision?or Is the deeision
unreasonable,arbitrary or capricious'?or is the decision'reasonably debatable'?" 321
N.IY,2d al 176,quoting Horn.313 N.W.2d at 117.
• We said that, except In those rert case,in which the city'"decision has no
rational basis, "il is the duty of the judiciary to exercise restraint and accord
appropriate deference to civil authorities in the performance of their duties." Id.
White Beer Docking involved a special use permit which had been denied by the city of
White Beer Lake. Plaintiffs obtained a writ of mandamus from the district court
directing the council.toissue the permit. We reversed the order of the district court
and quashed the writ,finding that the grounds for denial of the permit assigned by the
{ council constituted a rational basis(or the derision end were well within the criteria
set forth in the city's zoning code. 321 N.W.2d at 177. •
II •
The first issue is whether•district court,in a declaratory action challenging the
denial of a subdivision application,may
DD grant sum many judg mantbased on Its review of
•record consisting of a municipal body's findings,memoranda submitted by the parties,
and verbatim transcripts of all hearings.
We determined in Northwestern College v.City of Arden Hills that the scope of
review to be used for zoning metiers wood be the same as that used for stele
administrative agency decisions. 281 N.W.2d 865,868 lflinn,1979). We Indicated that
the review would be of the record made before the local zoning body. That is,the
..levjew by,the district court would be made on the municipal record and the supreme
•
court would make its review on the same record.We said,quoting Heserve Mining Co.
v Herbst,256 N.W.2d 808,821,"int is our function to make an Independent ea•minetlon
of en administrative agency's record end decision and arrive at our own conclusions es '
to the propriety of that delermir•tion without according any special deference to the
same review conducted by the trial court."Id. •
Then in Honn v.City of Coon Rapids,we were presented with•case,appealed by
the city from an adverse decision below,where the record before the trial court was
completely inadequate. In that ease we held that review on the record was not
appropriate. 313 N.W.2d at 118.
!form involved a declaratory ". 1•••r,r. ..
Judgment.
action in which the court required Na
parties to agree upon a rerd hat of w n.n recurred befar,th cunt..co e city c ii and present
this"agreed-upon"recordfor review. Based on this after-the-fact record,the district
court found the city,action inrefusing to rezone the plainlifpa lend from single family
residential In multiple unit residential and commercial to be arbitrary,capricious,and
unreasonable. On appeal,we found the"agreed upon"record required by the district
court la he inadequate for Judicial review and remanded the ease(or trial. Bonn,377
'N.W.ld et 419. Concerned that city council,and zoning boards did not ordinarily make
records of t9eir proceedings es compiele and en formal as Nose of a state agency,we
eel out a procedure for review of zoning matters Which permitted use of a declaratory
Judgment action in which the parties are entitled to a trial. Id.at 418.
Noon did not directly overrule Northwestern College and,under its own(acts,was
e proper decision but its broad language,mendaling a trial in every case may go beyond
whoa is necessary in every ease. It is not unreasonable,nor unfair,where a city has
failed to make a complete and adequate record of its proceedings in zoning matters to
require that city to prove the hosis of its decision before a district court.
We are persuaded by amicu,curiae League of Minnesota Cities that Nonn has had
a salutary effect.' A micus advises this court that,in reliance.on lion,many cities
The Lrnguc of Minnesota Cities is a cooperative organization of 782 member
Minnesota cities.
have borne the expense of verbatim transcripts of their proceedings. Them,cities have
carefully made findings.support d•by.,iranseribed...evidence so that their zoning
decisions,,i(eioUenged,-:wggld pgl._ba 4eelded-by,•►.distriot court on the basis of
evidence never considered by them. According to amieus,one city hired a state hearing
examiner to take evidence in a zoning matter which resulted in a IS-day hearing and
3,487 pages of lienring transcript. .... .
It becomes clear that this effort and expense would be wasted if every property,
owner whose zoning request is denied can demand that the case be retried in a district ,
court. Such a procedure,if rigidly followed in every case,could lead to the result that .
a property owner,knowing the composition of a particular•city council,might withhold
part of the relevant evidence,knowing it could be put in when the matter came before
the district court on review. Thus,a city,making every effort to afford a properly
owner a full and fair hearing and to produce a complete record of the basis of Its
councils decision,could be thwarted In exercising the power granted II by nutute to
determine and plan the use of land within Its bounderie, Minn.Stet.5 982.751(1982).
The court of sweats,in reversing the decision of the district court In the ease
before tan,relied on i(ubbard flraedeestfng,five:v.City of Afton,323 N.W.2d 757(Minn.
10m the held in Iluhhar,l the distrtct...curt pivot.t,conducted the review of certain
penult denials on the record because the record In that ease'we,very elect sod
•
complete. Id.at 781. We noted 9wlhere'city councils and zoning boar&do not••.•
make record, of their proceading', as complete and forme as those of a state
administrative agency or rommission,' the proper procedure for review before the
district court provides that Inlew or additional evidence=gY,be'received at trial,'hone.
v.City of Coon Rapid;913 N,W,td 409,415-IS(emphasis added)." Id.at n.3. It was
Important to the Hubbard court,in determining the fullness and fairness of the hearing
before the city council on the permit denial Issue, that the plaintiffs had tha
opportunity,by order of the district court,to augment the record by stipulation or
•
motion,an opportunity of which they did not avail themselves. The holding was
grounded,however,on the clearness and completeness of the record on'which the city"'
council based its decision.'Our conclusion that both parties aequlesed In the district
court',determining both the permit denial end the constitutional issue on the record
went particularly to the constitutional Issue. Even hid Ilubbard not acquiesced,the:.•
city had already suggested a trial on the eonititulionel issue in It,memorandum In
•
support of Its motion for partial summary Judgment on the permit denial Lore.2 323
•
No constitutions)Issue was raised on appeal in Swanson's case,only the Issue of
whether on review ofa city council's zoning decision parties are entitled to a trial or to -
agument the record made before the city council with additional relevant evidence.
N.W.7d at 761-762. •
Hubbard,then,does not stand for the proposltoa that.a.permit denial may never
be reviewed on the record absent acqulescenee of the parties Nor do we believe that"
•
Flom requires a trial or augmentation of the record In every case,especially In light of
tha response of Minnesota cities to our concerns In that case. Rather, wa have
concluded that a district court should establish the scope and conduct of Its review of a
municipnlity's zoning decision by considering the nnlors,fairness and adequacy of the
proceeding at the local level and the adequeey of the factual and decisional record of
the local proceeding. Where the municipal proceeding was fair and the record elear end
- complete,review should be on the record. `Where the municipei body has proposed
formal findings comemporancousiy with its decision and there I,en accurate verbatim
transcript of the proceedings,the record is likely to be clear and complete.
When the revn w_In conducted.or the record,the district court should receive
additional evidence only pre substantive issues raised and considered by the municipal
body and then only on determining that the additional evidence is material and that
there were good reasons for failure to present it at the municipal proceedings. The
standard of review is whether the municipal body's derision was unreasonable,arbitrary
or eepricinus,with review focused on the legal suffletellby'of,and factual basis for the
rent.%given.
7 1 7
Where the proceeding has not been Pale or the record of that proceeding
is not clear and complete,Hann applies and the parties are entitled to a trial or an
opportunity to augment the record In district court. The meaningful review to which
parties are entitled requires no less. •
In Swmson's case,the mot court properly based Its review of the city council's
coning decision on the record. The record consisted of verbatim transcripts of the
public hcorings on the matter,including statements by experts on both sides;written
reports by the city director or planning end city forester;and eontemparaneous written
findings by the city council on which the council based its decision. Frain this extensive
record, a salisfnctory review can be mnde. The record also demonstrates that the
proceedings were lair. The matter was considered at four meetings of the city council:
May 20,June 3,June 1n,June IT,1985, Swanson,Cadmus,Waters(Cadmus'attorney)
and Ed Hasek,respondent's landscape architect,were all allowed to testify without any
apparent time limits. ilasek's testimony alone covered four transcript pages in small
print. Swanson's witnesses were allowed to answer questions and react to the testimony
of other participants. Finally,they were given every opportunity to present relevant
materiaL
At oral argument,plaintiffs'attorney Implied that certain photos and graphics _
were not allowed at the hearing end,-therefore,-should'have been'made available to the
district court. A review of the transcript'reveals;'however,that'plaintlfrs own expert
voluntarily withheld the photos. Hasek stated:."Perhaps in.lieu Isle)of the late hour,
TN go through the graphics for you and if there's any further explanation needed,we'll
pull the slides out.. Further,both linsek and Mayor Lindau commented on the limited
usefulness of the graphics which apparently became distorted on pro)eetion,
Consequently,Ilasek described their content in great detail;and this verbal description,
contained In the transcript,was available for review by the district Court.
Swanson and Cadmus argue that,under Henn,In ell cases challenging monieipat
decisions in sorting matters,parties should be allowed to augment the record with
additional relevant evidence. They claim that they wars denied this opportunity.
Although they do not challenge the accuracy of tha counelrs verbatim transeript,they '
•
argue that the record does not show the estent to which the eouneti's decision was a
response to neighborhood opposition, nor does-it disclose data on similar prior •
applications for subdivision.•
As to the first argument,the transcript contains all of tha testimony given by the
neighbors. Beyond that, we do Oat believe that evidence on the es loot to which• .
neighborhood opposition played s role Is relevant. While neighborhood reeling may not
constitute the sale basis fora zoning decision, It may still be taken Into account.
Northwestern College a. City of Arden Htils, Sat N.W,2d at IT. Hera, Iba city
aouneil's resolution described the reasons for its decision and made clear thee
environmental concern, not noighborhood opposition,wee the major'Cason for the
denial of the subdivision epplieation.
;1 J
'As to data on similar prior appllcalloro for subdivision,no claim of unequal
treatment is set out,and on these facts,there would seem to be none. Swanson is not
to be Compared with any person ever requesting add receiving or being denied an
application for subdivision in Bloomington. lie is to ba compared with other property
owners in the Tlmberglode and Addition of Bloomington, the unique environment of
which Is here at Issue. For 30 years,from Its Inception until lee to three years before
Swanson's request,that environment has been protected by•restrictive covenant which
prohibited subdivision of large Iota. Furthermore,the moratorium on the new coning '
ordinance was lifted while the council debated this subdivision application. Thus,it I.
unlikely that similar prim applications for subdivision have been granted.
Wa hold that the district court properly reviewed the municipal coning decision on
the record where tha municipal proceeding was (air and the record.is clear and •
complete.
111.
The second issue is whether the district court properly granted summary Judgment
to the city. Since review is on the record,the question la.nether the city couneii'a
decision WWI reasonable or whether It was unresaoeable,arbitrary or capricious. Hone
v. City of Coon Rapids, 313 H.W.Sd at 417. The city council Is required by the
Bloomington City Code,section 10.e5.e1(e)iS)to deny approvai of a preliminary or final
plat if it finds•that the design of the subdivision or the proposed improvements are
likely to cause substantial environmental damage' The city.Director of Palming,the
City Forester and•wildlife biologist all described the likely environmental effects,
Ineluding loss of trees and other negate lion both on the tot and on adjacent properties,
wind damage and loss of windbreak effect. The city council's finding of•likelihood of
substantial environmental damage is thus supported by tha evidence and provides a 1
rational basis(or the municipal decision. Such a finding is sufficient reason,ender the
ordinance,for denying the pint application. We hold that the district court properly
granted summery Judgment to the city. We reverse the decision of the court of appeal
end reinstate the Judgment of the trial court.
Reversed!Judgment of district court rainnteted.
POPOVICH,J.(concurring specially(. '
While I agree with the result In this matter based on the(acts hen,I am concerned
that by implication Hours.v.City of Coon Rapids may be considered overruled completely.
in my opinion,that would be an Inappropriate conclusion.
I. I agree with the court of appeals analysts of Han to provide for a trial to
review•coning matter. This court now circumscribes a full trial as required by Hon.
when the record of•munkipol proceedirg was fair,clear and complete(finding under the
facts of this case that occurred. That,of course,was not the law when the court of
appals considered this matter. Thus,this court now modifies Honn to the extent that a
ruts tr W de novo Is not required in certain cases and the court of appeal could not have
known when It decided this matter that Hann was to be modified,as we now do, It
correctly applied the law as it then existed, In my opinion. Nee law end new
Interpretations ere properly the function of this coon?
2. I have no quarrel with this eourt's desire to reduce trials de novo in district
court end to avoid courts'infringing on the decblon-making process of municipalities.
That Is part of this enters function—to outline,circumscribe and guide the Judicial system
as pert of IL supervisory end law development powers. itonn had en inadequate record for
Judicial review, o this court remanded and set out a procedure for reviewing zoning
matters. Thot procedure is still good law end still remains applicable In future cases,but
this court now circumscribes a full trial when the record Is fair end complete.
. J. Thor,in future eases tricot courts,before denying a full trial,must determine
• whether the record before the municipality meets this new criterion. A record before a
municipality might be fully transcribed,but were the proceedings adequate,fair and
complete? This involves determining: were hearing examiners utilized In appropriate
proceedings?were witnesses subject to questioning by other portion?was there foundation
for opinions expressed?were offers of proof permitted?were matters outside the record
relied on?were appropriate continuances permitted? was relevant evidence received?
were complete contemporaneous findings made to supppart the munteipellties'decision?
and other sues consideratIons. In other word,the Wat court must determine whether the ' •
hearing Itself was fair end adequate and if the parties had a full opportunity to present
their views,or whether the proceedings reflected the will of She decision-makers and not
their judgment(majority opinion at i(1).
4. to the June I?,1985,resolution adopted by the elty council here,among other •
factors was a statement to the effect the council atom relied upon Its experience and
knowledge of,the area,without`rester specificity. i don't know whet that war. In the
future,such general statements should be augmented by proper findings,joined In by a
• majority of the governing body. Parties should know eaaetly what the decision-makes
relied'on. .The test Isn't•Just verbnlitn transcripts and neighborhood opposition atone.
Ilene,the rest of the record Justifies the result enprmed in the case. •
YETNA,Justice.
I Join in the specinl concurrence of Mr.Justice Popovich.
HERBST, THEE & MATZ, LTD.
ADRIAN E.HERBSTLEGAL ASSISTANT CATV
DwNIEL D.TRUE ATTORNEYS AT LAW
GARY R.MATZ. 950 NORTHLAND PLAZA ANN M.MATH t:wS
ION TOGAS 3800 WEST ROT. STREET
REESE E.C.HE'Z.ICR
JOEL D.RATH BLOOMINGTON,MINNESOTA 554.:31
PAUL D.DOVE TELEPHONE(612)t19;J-(1:i1
RICHARD A.EM':RI('R
KATHLEEN A.HEANEY TELECOPIER
(E10)89:3-(i991
April 15, 1988
Mr. Carl Jullie
City Manager
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344
RE: Our File No. 87-0353F
Dear Carl:
I have been instructed by my clients to advise you that at
this time they request that their offer to sell the Edenvale Golf
Course to the City of Eden Prairie be withdrawn.
It is their belief that continued negotiations would not be
fruitful inasmuch as there are substantial differences between
the City and them with regard to the price for the sale of the
golf course. The owners of the golf course do not wish to
continue to leave its membership out on the limb with respect to
the status of the ownership of the golf course. For this reason,
it has been determined that continued negotiations should be
discontinued and the offer to sell withdrawn.
I want to thank you and your staff for all of the effort and
work that you have done to evaluate the potential purchase of the
golf course and for your continued interest in it. Thank you
again.
Very trill yours,
Adrian E. Herbst
AEH:dl
;_7.,
MEMORANDUM
TO: Mayor and
nd City Council
Parks, and Natural Resources Commission
THRU: Bob Lambert, Director of Parks, Recreation & Natural Resources
FROM: Barbara Cross, Landscape Architect
DATE: April 13, 198B
SUBJECT: Preserve Center Access Trail
The Parks, Recreation and Natural Resources Commission voted 4-2 at their
meeting December 7, 1987 to keep open the trail which connects Preserve
Village Mall and the residential neighborhood to the southwest. Staff was
directed to correct the concerns of the adjacent neighbors through redesign of
the trail and installation of a split rail fence and landscaping. The
estimated cost of these improvements at this time was to be $3,000-$4,000, and
would be split between the City, Ryan Construction and the Preserve
Homeowner's Association.
On December 15, 1987, the City Council took the recommendation of the Parks,
Recreation and Natural Resources Commission and directed staff to work
together with the Homeowner's Association, Ryan Construction and adjacent
homeowners to find a workable solution.
A meeting was held January 28, 1988 with Wendy Madsen, Ryan Construction;
Evelyn Law, President of the Preserve Homeowner's Association; Barbara Cross,
City Landscape Architect; and both adjacent homeowners, Bob Humphreys, 9365
Garrison Way, and Larry Paulsen, 9712 Clark Circle. Opinions and ideas were
discussed as to how best to solve the trail problems through landscape
improvements. The homeowners stated they would like to see a split rail
fence all the way along the trail from the front yard to the rear fence line.
They also wanted at least 5' tall arborvitae to screen their houses from the
trail.
Wendy Madsen, from Ryan Construction, had a number of different landscape
companies go to the site and suggest improvements and quote prices. Three
written quotes were received ranging from $13,000.49 to $18,057. The lowest
bid from Outdoor Environment is:
removal of existing hedges $10,055.64
plant 78 5' Techny Arborvitae
install 780' lawn edging
20 yards woodchips
install 470' split rail fence 2,344.85
repair low spot on asphalt path 600.00
Total $13,000.49
On April 4, 1988, Wendy Madsen presented the quotes to Evelyn Law and Barbara
Cross. Evelyn Law said she had strong reservations that the Homeowner's
/
Association Board would be willing to pay $4,300 for their share of the total.
It was suggested that the 4 1/2" dwarf ninebark shrub on the west side of the
trail remain, and a new 4' dwarf ninebark shrub or. the east side he planted to
replace a 2' alpine current shrub. These shrubs without shearing could reach
a height of 6' and in combination with a split rail fence should keep
pedestrians on the trail. Cost for this solution is estimated to be:
plant 40 dwarf ninebark shrubs
install 780' split rail fence 2,344.85$2,34
repair low spot on asphalt trail .8
600.00
Total 6,516.85
Evelyn said she would submit both proposals to the Board, but felt more
comfortable with their share being $2,173.
Evelyn called me on April 6th to tell me the results of the meeting. The
Board of Homeowners has agreed to pay a share of the cost for fixing the
trail. They feel that additional landscaping is unnecessary because:
1. Both homeowners were aware of the shopping center and trail when they
moved in.
2. There are many other trails in the Preserve where the individual
homeowners have taken it upon themselves to landscape and fence for
privacy. They feel this would be setting a dangerous precedent.
3. They have monitored the trail and feel that although any kind of
vandalism is unfortunate, there has not been sufficient damage to either
property to warrant the expenditure.
Ryan Construction is willing to cooperate to solve this problem, but is
concerned about the costs when the trail may ultimately be closed. They have,
however, offered to split the cost of the split rail fence and 40 dwarf
ninebark shrubs to help alleviate the neighbors concerns.
In light of the high costs of the arborvitae, which are not as hardy or as
easily maintained, and the position of the Preserve Homeowner's Association,
staff recommends that we share the costs for shrubbery and fencing with Ryan
Construction. The trail repair of $600 will be split between Ryan
Construction, the City of Eden Prairie and the Preserve Homeowner's
Association. The City portion of these improvements is estimated to
$3,158.45, and would be taken out of cash park fees.
BC:mdd
I u
The Preserve Association 11221 Anderson Lakes Parkway
Eden Prairie,Minnesota 55344
(612)941 8400
I
April 7, 1988
Barbara Penning Cross
Landscape Architect
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Ms Cross:
The Board of Directors of the Preserve Association met on
Tuesday, April 5, 1988 at 11 :30 a.m. at which time they
reviewed the landscape plans from Minnesota Valley Landscape,
Inc. , Outdoor Environments, Inc. and Klinefelter Landscapes,
Inc. for the lawns adjacent to the pathway to the Preserve
Village Center.
The following is their decision:
1 . The Preserve Association will share the cost of repair
of the low spot on asphalt pathway.
2. The Preserve Design Review Committee will accelerate
the review if the City of Eden Prairie or Ryan Con-
struction wish to make additional changes in the area.
3. The Preserve Association will not pay for additional
landscaping.
If you have further questions please feel free to contact
the Preserve Association.
Sincerely,
T ---PRESERVE AS CIATION
Eve1. n I. Law,
Vice Pres./Gen. Mgr.
EIL:ew
•
cc: Larry & Joyce Paumen
Robert & Roxanne Humphreys
Wendy Madsen, Ryan Construction
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation & Natural Resources Commission
THRU: Carl Jullie. City Manager
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources 7.4._
DATE: April 8, 1988
SUBJECT: Lake Riley Chain of Lakes Improvement Project
Attached is a letter from Conrad Fiskness, President of the Riley-Purgatory-
Bluff Creek Watershed District, outlining the history of the clean lakes grant
application from the PCA and the Lake Riley Chain of Lakes Improvement
Project.
Mr. Fiskness points out that the Watershed District, the City of Chanhassen
and the City of Eden Prairie split the costs of a diagnostic feasibility study
of the Riley Creek Chain of Lakes in 1985. As a result of this study, this
project was eligible for a Clean Lakes Program Grant Appl ication. The
Environmental Protection Agency and the Minnesota Pollution Control Agency
applied for a Clean Lakes Grant on this project and was awarded a Clean Lakes
Grant in the amount of $937,890. This was a 50% matching grant where the EPA
provided $467,630. This federal portion was to be matched by the Minnesota
Department of Natural Resources, the Watershed District, and the two
municipalities. The proposal is that the Department of Natural Resources
provide $447,630 and the Watershed District and the two cities provide a total
of $22,630. Mr. Fiskness is suggesting that the Watershed District, the City
of Eden Prairie, and the City of Chanhassen evenly split the $22,630, which
would amount to $8,333 per agency.
The major goal of the project is to improve the water quality of Lake Riley;
however, the project will include removal of rough fish on all of the lakes
upstream and installing fish barriers, aerators where needed, biomanipulation
and aeration of Lake Riley.
Half of Lake Riley and half of Rice Marsh Lake are located in Eden Prairie.
The other three project lakes - Lake Susan, Lake Ann, and Lake Lucy are
located entirely within Chanhassen. The issues that should be addressed are:
1. Should the City of Eden Prairie fund one-third of the local match for this
project?
2. The City of Eden Prairie should not spend any money until the City of
Chanhassen commits to obtaining the necessary public access on the lakes
upstream.
3. The City of Chanhassen should commit to paying for half of the ongoing
maintenance costs for operation of the aeration system for Lake Riley once
the project is completed.
Although, only half of Lake Riley is located within Eden Prairie, it is the
largest recreational lake that Eden Prairie citizens have access to within our
community, and $8,233 is certainly a small investment on a $937,000
improvement project, with Lake Riley gaining the most benefit from that
improvement project.
City staff recommend the Council authorize entering into an agreement with
Watershed District and the City of Chanhassen for local support of this
project under the condition that the City of Chanhassen agree to acquiring the
necessary public accesses upstream and agree to funding 50% of the ongoing
aeration and maintenance costs of Lake Riley.
BL:mdd
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}
;, Riley-Purgatory-Bluff Creek Watershed District
L -- Engineering Advisor:Barr Engineering Co,
7803 Genroy Road
Minneapolis,MN 55435
830-0555
Legal Advisor:Popham.Haik.Schnobrich&Kaufman
3300 Piper Jaffrey Tower
Minneapolis.MN 55402
333-4800
March 22, 1988
Mr. Bob Lambert
Director of Community Services
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mr. Lambert:
As you are aware, the Riley-Purgatory-Bluff Creek Watershed District
(RPBCWD) jointly funded a Diagnostic-Feasibility Study of the Riley Creek
Chain of Lakes with the Cities of Chanhassen and Eden Prairie during 1985.
The $15,000 cost of this study was shared equally by the three units of
government. The study was composed of data collected by both the Watershed
District and the Metropolitan Council. Subsequently, the study report was
used as part of a Clean Lakes Program grant application to the U.S.-EPA.
The EPA funded both the requested in-lake water quality restoration
measures as outlined in the report, and additional upland conservation
measures relating to stormwater runoff control added to the application by
the Minnesota Pollution Control Agency (MPCA). The grant award for the
Lake Riley Chain of Lakes Improvement Project was made in mid-1986. Since
then, little progress has been made on the project because of two primary
reasons; 1) a clear definition of the project scope concerning the proposed
upland conservation measures was not known and, 2) potential financial
liabilities associated with the project that may obligate the RPBCWD to
supply the local share of project funds if, for some reason, the Minnesota
Department of Natural Resources (MONK) could not complete its portion of
the project. The MDNR fisheries work forms the majority of the local
matching funds for the project. The MPCA has recently agreed to proceed
with the project in a phased manner that allows the RPBCWD to resolve the
issues which could potentially prevent the MDNR from fully participating in
the project. These issues include establishment of adequate public access
to Lakes Susan, Ann and Lucy, and negotiation of ownership and 0M6R
agreements with the cities for aerators and fish barriers.
The Lake Riley Chain of Lakes Improvement Project is potentially a
$940,000 project which will improve lake and stream water quality at
1�11
Mr. Bob Lambert March 22, 1988 Page 2
minimal cost to either the RPBCWD or the Cities of Chanhassen or Eden
Prairie. The project budget is as follows:
EPA Project Support: $467,630
Non-Federal Support:
MDNR Support 447,630
Watershed District b Cities 22,630
TOTAL $937,890
As stated earlier, the MDNR is expected to provide the majority of the
local funds required (50%) for this project through its involvement in the
renovation of fisheries in project lakes. To do so, however, they must be
assured public access to the lakes, and agreements to operate, maintain and
repair aerators and fish barriers.
To prevent the RPBCWD from entering into an agreement with the MPCA
which obligates it to complete other parts of the project if MDNR cannot
fund fisheries work, the first phase of this project will be the
preparation of a Work Plan. The Work Plan will include coordination of
project activities with the Cities and resolution of the public access
problems which could limit MDNR involvement. It will also chart the course
of Non-Point Source (NPS) pollution control activities as part of a
Demonstration Project designed to assess the effectiveness of new NPS
control methodologies. The agreement with the MPCA to prepare such a Work
Plan also allows the RPBCWD the option to revise or terminate the project
if MDNR participation cannot be assured. The attached flow chart
illustrates the sequence of project events both before and after the
preparation of a Project Work Plan. The Work Plan includes all activities
on pages 1 and 2 of the flow chart that are above the double-dashed line.
A separate agreement will be negotiated with the MPCA for project work
elements below this line if a decision is made to proceed with the
remainder of the project per the approved Work Plan.
Preparation of the Project Work Plan is expected to cost $50,000 over
the period of April through September, 1988. The costs of Work Plan
preparation are grant-eligible and will be shared 50:50 by the U.S.-EPA and
the "local" project sponsors. The RPBCWD is requesting that the Cities of
Chanhassen and Eden Prairie consider joining the RPBCWD as "local" project
co-sponsors for the purpose of preparing the Work Plan for the Lake Riley
Chain of Lakes Improvement Project. Equally divided between the Cities and
the District, this will amount to $8,333 per agency.
While much of the planned work will be done on the watershed, and in
upstream lakes, Lake Riley is the principal focus of this project.
Biomanipulation and hypolimnetic aeration of Lake Riley are planned to
improve its water quality by reducing internal phosphorus loads. Treatment
of Rice Marsh Lake sediments, identified by the Metropolitan Council as the
principal source of external phosphorus loads to Lake Riley, is also
planned. However, because it is not conclusively known if the cause of the
phosphorus export from Rice Marsh Lake to Lake Riley is anoxic sediments or
the activities of benthivorous (rough) fish, sediment treatment will be
reserved for future consideration after the effects of biomanipulation have
been assessed. In-lake water quality restoration measures will be
Mr. Bob Lambert March 22, 1988 Page 3
undertaken concurrently with NPS pollution control measures on the
watershed, but after biomanipulation, so that the 1.....,1
project
will not have to "cash-flow" the costs of these phases of theprojectonaors
The RPBCWD hopes that the Cities of Chanhassen and Eden Prairie will
choose to participate in the Lake Riley Chain of Lakes Improvement Project.
If you have any questions relating to the project, or to this letter,
please contact either Fred Richards at Popham, Haik, Schnobrich, Kaufman &
Doty, Ltd. (333-4800), or Bob 0bermeyer at Barr Engineering Co.
(830-0555).
Sincerely,
Conrad Fiskness, President
CF/cmf
Riley-Purgatory-Bluff Creek
BL/330,0 Watershed District
1
j
88P
RPBCW)
4,
III Enter into substate
agreement to prepare
a project work plan
Chan Prairie and
Chanhassen City staff
Coordinate project
efforts with local
municipalities
1
Presentations to
Eden Prairie and
Chanhassen City
Councils
® 1
r
Determine public
access requirements
and OM&R requirements
of fish barriers and
Eden Prairie end aerators
Chanhassen City T,
Councils •
Negotiate agreements
regarding OM&R of fish
barriers and aerators
Agreement betwee No Terminate
Cities and RPBCW Project
MONR
Yes
stablish required
public access on No Revise or
Lakes Susan, Ann terminate
and Lucy project
Yes
Feasibility study
of fish barrier
between Lake Riley
and Rice Marsh Lake
No Revise project
plans
Yes
identify water
quality objectives for
runoff and for lakes
and streams
page 2
l r,
CSO
Review RPBCIA and Eden
11 Prairie t Chanhassen
regulations regarding
esNPS pollution and
assess their effectiveness
(comparison to other
standards, e.g., NURP
guidelines)
•
Identify all critical
non•point sources of
pollution and assess their
impacts on the quality
of receiving water bodies
Develop list of NPS
pollution control measures
to be installed as part
of demonstration projects
Establish cost sharing
funding mechanism for
demonstration projects
Issue project work
plan
t RPBCIA reviews project aaa.m= =='=:a=:=a:=:=_==»=a=____==za==
(
work plan
41111* No , Revise or
CO
terminate
a Yes project
Enter into new sub-state
agreement to complete —_ ._ _ _ _,J
project
Re-evaluate
biomanipulation of
lake Riley
Meetings with lakeshore
property owners to discuss
bi ananipul at ion
Biomanipulate No
lake Rile , Revise scale
of project
Yes T
j
Design and construct/
install fish barriers "e'--— — --_._ —
J
and aerators
j1L;
0
Rotenone treatment end I
restocking of fish
111 into project lakes
r
I Conduct NPs pollution
control demonstration
projects
j
Conduct water quality
monitoring as part of
demonstration projects
(experimental vs. "control"
during storm events)
1
Investigate alternative
sediment treatment measures
to reduce internal P loading
from Rice Marsh Lake
sediments (if needed after
biomanipulation and fish
barrier construction)
Feasible to treat Rice N.
Marsh Lake sediment > Revise project
plans
( Yes
( Treat Rice Marsh Lake
Sediments
f
Analysis of water quality
data from demonstration
projects and comparison of _ _ J
efficacy of currently
required PS pollution
control measures to that of
"state-of-the-art"
techniques
1
Final project report
including observed water •
quality improvements and
recommendations concerning
NPs control measures in
developing areas to preserve/
improve water quality
1
RPBCYD and municipalities
to act on recommendations
contained in final project
report
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources 1.4.r__
DATE: April 6, 1988
SUBJECT: Purgatory Creek Recreation Area Major Access
Since 1981 when the Purgatory Creek Recreation Area Plan was originally
approved the feasibility of the plan has been studied and the major access has
moved several times due to development of land or willingness of a property
owner to sell land to the City for development of the access.
The most recently approved plan indicates the access located on the property
line of the Feeders property and Naegele property. Neither property owner is
enamored with the access in that location. Recently, representatives of the
Feeders property have suggested a realignment of Technology Drive and a
modification of the major entry that would occur along the south side of the
realigned Technology Drive. The design as proposed looks feasible on the
plan; however, it is proposed in an area of deep peaty soils and City staff is
concerned regarding the feasibility of actually constructing the entry in that
location.
Another possibility for relocating the entry is the property immediately south
of the Flagship Athletic Club and north of the development formerly referred
to as Castle Ridge. The existing approved plan depicts a park entry with a
100 car parking lot at this location on the west side of Columbine Road;
however, the exact alignment of Columbine Road is still under consideration.
This site may offer an excellent opportunity for a major access to the park
for several reasons:
1. Site does have access on Prairie Center Drive.
2. Site fits between an athletic club and medium density residential.
3. Site would have direct trail access from a medium to high density
residential area to the south.
4. Depending on road alignment for the area east of Prairie Center Drive, the
property could have direct pedestrian access to the "downtown area".
In any case, staff would recommend an access at both locations; however, the
major access should be determined in the near future and sufficient property
acquired in order to develop the access and necessary parking for this park.
As development pressures continue and property owners solidify plans for
development of their sites the City's options for development of the major
entry will eventually be eliminated.
.y )
City staff would request authorization to hire Brauer and Associates to review
the feasibility of the design proposed on Feeders site and to develop a design
111 on the site south of Flagship for a major entry for the following reasons:
1. City Council can then determine a final location for the major entry and
will have an approximate idea of the cost to develop the entry based on
soils, property elevation, etc.
2. City can determine the most appropriate location for Columbine Road.
3. City can begin negotiations for acquisition of property for the major
access to the Purgatory Creek Recreation Area.
Staff would estimate this study to take no more than six weeks and should cost
less than $3,000.
BL:mdd
MEMORANDUM
TO: Mayor and City Council
THUR: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources
DATE: April 13, 1988
SUBJECT: Lake Riley Management Policies
At the March 7th Parks, Recreation and Natural Resources Commission meeting,
the Commission recommended that the City Council consider banning alcohol in
Riley Lake Park and install a rope and buoy system across the entire lake
frontage to enforce a proposal that would not allow anyone to moor or beach a
boat at Riley Lake Park.
At the March 15th meeting the City Council tabled that recommendation and
directed staff to extend "no parking" signs along City streets to one mile
from Riley Lake Park, to restrict any vehicles with trailers from using the
overflow parking lot, and to hire additional staff at Riley Lake Park to
enforce the existing ordinances. The Council further directed staff to begin
discussions with representatives from Chanhassen to consider a surface
management ordinance on Riley Lake that would either limit the speed allowed
on the lake during certain times of the day and certain days of the week, or
would limit the size of motors allowed on boats on that lake. The Council
further directed City staff to consider any other options that might be
recommended to improve the safety of users of Riley Lake.
Representatives from the City of Chanhassen have been contacted, as well as
representatives from the Riley Lake Homeowner's Association. A meeting was
set for Wednesday, April 13th, at 7:30 P. M., at the Chanhassen City Hall to
meet with representatives from the Riley Lake Homeowner's Association the City
of Chanhassen and the City of Eden Prairie and the DNR to discuss what impact
the revised management policies for the public access will have on Riley Lake,
as well as options relating to a surface management ordinance that may be
considered now or sometime in the future.
The Parks, Recreation and Natural Resources staff have also discussed changing
some of the operational procedures and management policies for Riley Lake Park
for this summer. Attached is a map that depicts a rope and buoy system from
the City's southern property line, away from the shore approximately 100' and
north to the boat launch. This rope and buoy system would restrict the
mooring of boats south of the Swimming beach area and would eliminate the
dangerous practice of water skiing in that vicinity. The swimming area would
remain approximately the same as in past years; however, the staff would
recommend allowing flotation devices within the roped and buoy area. Staff
believes that would be a very popular area for sun bathing, if it is allowed;
however, it will also require additional lifeguards to accommodate that 340'
stretch of shoreline where people would be using the water.
This plan also depicts a restricted area for mooring boats that would be
located north of the dock to the existing property line. This would
accommodate five or six boats at one time.
Staff is also recommending adding an additional park attendant to help during
peak park hours when the overflow parking lot would be filled, as well as the
• regular parking lot. Staff estimates the additional staffing necessary for
park attendant and lifeguards to safely accommodate these needs will require
approximately $7,000. This would allow for up to five lifeguards and two park
attendants during peak park use hours, and as few as two 1 i feguards and one
park attendant during morning hours or times when the weather causes low
attendance.
The Parks, Recreation and Natural Resources staff request authorization to
initiate these changes for the summer of 1988.
BL:mdd
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