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HomeMy WebLinkAboutCity Council - 05/17/1988 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 17, 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 Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION OF FIRST CHECK FOR THE STARING LAKE PARK AMPHITHEATER FROM THE EDEN PRAIRIE LIONESS CLUB Page 836 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special City Council Meeting held Thursday, April 28, 1988 Page 836B III. CONSENT CALENDAR A. Clerk's License List Page 842 B. Use of Forfeiture Funds Page 843 C. Youth Scholarship Program Page 855 D. Approval of I-494 Joint Powers Organization Agreement and authorization for Mayor and City Manager to execute on behalf of the Page 862 City — — E. Receive petition for Street and Utility Improvements for Bluff Road and Authorize Preparation of a Feasibility Study, I.C. Page 875 52- 44(Resolution No. 88-82)F. �APProval of Agreement with NSP for Easement Encroachment at Fire Station No. 4 Page 878 G. Authorize Permit Application for connection to MWCC Sanitar Sewer Page 888 Interceptor for Starwood Addition (Resolution No-88-84 H. FAITH CHURCH OF THE NAZARENE. Adoption of Resolution #88-78, Denying 2nd Reading of Ordinance #23-87, Rezoning from Rural to Page 889 Public of 5.87 acres and Denial of Platting of 5.87 acres into one lot for construction of a church. Location: South of County Road #1, east of Blossom Road. (Resolution #88-78, Denial of Project) City Council Agenda - 2 - Tues. ,May 17, 1988 I. ALPINE ESTATES 2ND ADDITION by Red Rock Heights Partnership. 2nd Page 892 Reading of Ordinance #6-88, Zoning District Change from R1-22 to R1-13.5 on 8.4 acres; Approval of Developer's Agreement for Alpine Estates 2nd Addition; and Adoption of Resolution #88-79, Authorizing Summary of Ordinance #6-88 and Ordering Publication of Said Summary. 8.4 acres into 14 single family lots and road right-of-way. Location: East of Alpine Trail, South of Chicago, Milwaukee, St. Paul & Pacific Railroad. (Ordinance #6-88, Rezoning; Resolution #88-79, Authorizing Summary and Publication) J. SEARS GARDEN STORE by Sears, Roebuck and Company. 2nd Reading of Page 901 Ordinance #18-88-PUD-4-88, Rezoning within the C-Regional District and within the Eden Prairie Center Planned Unit Development District on 87.75 acres; Approval of Developer's Agreement for Sears Garden Store; and Adoption of Resolution #88-80, Authorizing Summary of Ordinance #18-88-PUD-4-88, and Ordering Publication of Said Summary. 87.75 acres with variances for exterior building material, for the construction of a 1,000 square foot seasonal temporary structure for an outside storage garden center. Location: Eden Prairie Center/Sears. (Ordinance #18-88-PUD-4-88, Rezoning and PUD Amendment; Resolution #88- 80, Authorizing Summary and Publication) K. Request for Grading Permit for Charles Webber, 17249 Valley Road Page 911 L. Construction Change Authorization for Community Center Page 912 M. Request from Lion's Club for Temporary Liquor License for Page 915 Schooner Days N. Request for Grading Permit by MnDOT to construct an MTC Park & Page 916 Ride at the Southwest Corner of Flying Cloud Drive and Shady Oak Road 0. Request for Grading Permit tly Eden Prairie School District to Page 917 expand the parking lot at the bus garage located at Scenic Heights Road east of Eden Prairie Road R. Rental Fees for Outdoor Center Page 918 IV. PUBLIC HEARINGS A. PETITION FOR SIDEWALK ALONG THE SDUTH SIDE OF BDYD AVENUE Page 785 & Tkesolution No.a 5) Continued from May 3, 1988 9P8 B. STARRING LAKE 2ND ADDITION by Red Rock Heights Partnership. Page 798 Request for Preliminary Platting of 8.3 acres into 13 single family lots within the R1-22 District. Location: North of County Road #1 between Eicholts Addition and Starring Lake 1st Addition. (Resolution #88-67, Preliminary Plat) Continued from May 3, 1988 C. TECHNOLOGY PARK PHASE IV by Technology Park Associates. Request Page 816 & for Planned Unit Development Concept Review on approximately 41 933 acres, Planned Unit Development District Review with variances and Zoning District Change from Rural to I-2 on 13 acres with shoreland variances to be reviewed by the Board of Appeals, Preliminary Plat of City Council Agenda - 3 - Ines. , May 17, 1988 approximately 41 acres into 1 lot and 2 outlots for construction of 162,860 square feet of industrial use in two buildings. Location: West of Golden Triangle Drive, north of Nine Mile Creek, east of Smetana Lane. (Resolution #88-73, PUD Concept; Ordinance #19-88-PUD- 3-88, Zoning District Change to I-2-PUD-3-88; Resolution #88-74, Preliminary Plat) Continued from May 3, 1988 D. STREET AND UTILITY IMPROVEMENTS TO FRANLO ROAD IN THE SOUTH 1/2 OF Page 934 SECTION 14 TOWNSHIP 116, RANGE 22s-T.C. 52-132-TResolution No. 88-83) E. BLOSSOM RIDGE 2ND ADDITION by G. William Pearson. Request for Page 935 Zoning District Change from R1-22 to R1-13.5 on 6.32 acres, and Preliminary Plat of 6.32 acres into 14 single family lots and road right-of-way. Location: South of 8lossom Road, east of Windsor Terrace. (Ordinance #20-88, Rezoning from R1-22 to R1-13.5; Resolution #88-85, Preliminary Plat) F. FRANK BEDDOR PROPERTY by Fortier & Associates, Inc. Request for Page 943 Comprehensive Guide Plan Amendment from Public Open Space to Industrial on 20 acres, Zoning District Change from I-Gen to I-5 on 18.7 acres, and from R1-22 to I-5 on 19.3 acres for construction of a 250,000 square foot industrial building. Location: Northeast corner of Highway 5 and West 184th Street. G. WYNDHAM NOB ADDITION by Burl Corporation. Request for Zoning Page 951 District Change from Rural to R1-13.5 on 7.96 acres, Preliminary Plat of 30.03 acres into 14 single family lots, one outlot and road right-of-way. Location: South of Townline Road, east of Dell Road, west of Purgatory Creek. (Ordinance #21-88, Rezoning from Rural to R1-13.5; Resolution #88-86, Preliminary Plat.) V. PAYMENT OF CLAIMS Page 958 VI. ORDINANCES & RESOLUTIONS A. Draft Ordinance regarding Recreational Vehicles Page 959 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from "A Minnesota Festival of Music" Page 989 VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment of Councilmember to the "Southwest Suburban Cable T.V. Commission X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Yard Waste Recycling Service Page 996 City Council Agenda - 4 - Tues. ,May 17, 1988 C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Parks, Recreation & Natural Resources 1. Child Care at the Community Center Page 1008 F. Report of Director of Public Works 1. Equipment Maintenance Staffing Changes Page 1031 G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT } MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation 8 Natural Resources �t DATE: May 11, 19BB ►'�f�- SUBJECT: Eden Prairie Lioness Club Donation Attached is a February 23, 19B8 letter from Marilyn Lieb, President Eden Prairie Lioness Club, indicating that the Lioness Club voted to donate $15,000 toward the Staring Lake Park Amphitheater. It is the intention of the Club to meet the $15,000 financial obligation within three years, or no longer than five years. Marilyn has requested to make the first payment to the City Council at the May 17th meeting. This project is still in the design phase and will be completed late in 1988. The Parks, Recreation and Natural Resources Commission, along with the Historical and Cultural Commission, will plan a grand opening for the Staring Lake Amphitheater in 1989. We will request the Eden Prairie Lioness Club to participate in the planning of the grand opening event, and wish to thank them for their generosity that helped make this facility a reality. BL:mdd ?3ii. ockt• EDEN PRAIRIE LIONS 1:L = P.O.BOX 443-005 e'f� EDEN PRAIRIE,MINNESOTA 55344 REPLY TO: EDEN PRAIRIE LIONESS c/o Marilyn Lieb,President 9391 Creekwood Drive Eden Prairie, MN 55347 February 23, 1988 Mr.Bob Lambert Director of Community Services City of Eden Prairie 7600 Executive Drive Eden Prairie,MN 55344 SUBJECT: Staring Lake Park Amphitheater Dear Bob: The Eden Prairie Lioness Club recently voted to donate $15,000 toward a major project and as you know the Staring Lake Park Amphitheater was chosen to be the recipient of these funds. According to your memo of October 21, 1987 to Pat Breitenstein of our club,the Community Services Staff will recommend the Council front-end the cost of the development and accept reimbursement at whatever rate the Lioness Club could handle. It is our intention to meet the$15,000 financial obligation within three years,or no longer than five years. Please take whatever steps are necessary to obtain Council approval of this project. The Lioness members are very excited about this project and the oppor- tunity to provide a gift to the residents of Eden Prairie who have been so supportive of our fund-raisers over the years. If additional information about the club is needed for publicity purposes,or clarification of this long range commitment,please contact me at 941-1754. Yours truly, >2E44,j4...*:_k Marilyn Lieb 236/t:: UNAPPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING THURSDAY, APRIL 28, 1988 6:00 PM, CITY COUNCIL CHAM3ERS 7600 Executive Drive CITY COUNCIL MEMBERS: 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 Assessor Steve Sinell, and Recording Secretary Jan Nelson ROLL CALL: Councilmember Harris was absent. I. APPROVAL OF AGENDA Mayor Peterson called attention to his memo to John Frane, City Clerk, calling this Special Meeting for the purpose of discussing the City's real property assessment procedures and policies. He then thanked City Assessor Steve Sinell for his efforts in putting together the material explaining the City's assessing procedures. MOTION: Bentley moved, seconded by Anderson, to approve the Agenda as published. Motion carried unanimously. II. DISCUSSION - REVIEW OF CITY'S PROPERTY VALUATION PROCEDURES City Manager Jullie introduced the City Assessing Staff. He then reviewed City Assessor Sinell's memo of April 22, 1988, with attachments, explaining the January 2, 1988 Assessment and the procedures used in conducting the annual assessment of properties. Bentley asked why the median of value was used rather than the mean. City Assessor Sinell replied that the median is used because it is less likely to be skewed by extremely high or low ratios. Sinell said the State and County Tax Boards have accepted the median as best. Pidcock asked what tools are used when property is re-evaluated. Sinell said every year the Assessing Staff analyzes sales that have occurred by breaking down the sales into their component parts, analyzing the trends for different types of sales, and analyzing the sales figures for old and new housing. He said they use this information to come up with a mass appraisal model which is then used as a basis against which to do the actual evaluation of properties. ti City Council Minutes 2 April 28, 1988 Sinell then noted that, while the mass appraisal model approach is a very accurate one, it is not perfect and that is why they rely on the appeal process to check the mass appraisal approach on an individual basis. Pidcock asked what the procedure was for cases where there were no sales for a particular type of property. Sinell said they will go outside Eden Prairie and compare with the models Hennepin County has set up for their areas of responsibility. Peterson asked if they would check back to preceding years to look at actual purchase prices. Sinell said they would do that by com- paring how that type sold against another type in a previous year and then use that ratio to determine what the type without current sales figures might have sold for this year. Pidcock then asked if a decrease in property value is taken into consideration, particularly for property older than five years which has to compete against the large amount of new construction in Eden Prairie. She said there are some older properties which have difficulty competing against the availability of new property. She said that the first resale of a property purchased from a builder may well be less than the original purchase price. Sinell said that they constantly analyze sales of older property to see how those compare to the sale of new property. If the spread between such sales is bigger than the previous year, they will make the spread bigger in their appraisal model. He said the revaluation process is also used to reflect properties that . haven't increased as much as others of a similar type. Bentley asked if the figures used in the typical adjustments by property type cited in Mr. Sinell's memo was the median in- crease only rather than an across-the-board increase. Sinell said the overall increases were very close to the figures listed in the memo; however, the review of some neighborhoods showed that there should be a different increase, whether more or less than the typical adjustment. Sinell noted that the overall residential tax base will show that typically we are short so we will have to come up by the typical adjustment to meet the standard; however, a sales study is done on each property re- viewed. Pidcock said her concern is that the average sales price in Eden Prairie has risen considerably in the last few years because of the large amount of new construction and that the percentages used for the adjustments are being heavily weighted by the increased costs for labor and material for the new construction rather than by actual appreciation of property values. She said such a situation is not fair, nor is it equitable. Hennepin County Representative Don Monk said that the sales ratio studies are heavily weighted to existing property, not l City Council Minutes 3 April 28, 1988 new construction. He said the lack of appreciation in the 1 actual property value has its influence in the market place and that is what is measured in the sales ratio studies. He said the process of analyzing the sales in Eden Prairie is done very carefully and the results are very good, in that they meet the minimum level of assessment and the quality is better than average. Pidcock noted that there are a lot of taxpayers in Eden Prairie who are complaining about this problem and she believed there seems to be a focus on appreciation across the board with no depreciation. Mr. Monk said that a focus on appreciation is a necessary part of market analysis and that the process does include consideration of depreciation. Peterson said he wanted to be satisfied that his 14-year-old house doesn't suffer from some escalation factor of the new construction, and that they are not applying the same criteria for evaluation on his house as on the new construction. Mr. Monk said the new housing costs have an influence on old housing costs by providing a mix of competition in the market place. Sinell said there are several different things Eden Prairie does to ensure that an older house does not have a market value that is greater than the average. One of those is to break down the City into several hundred different neighborhoods where houses are likely to be about the same age and then to study sales in some of those neighborhoods each year. Another is a price-related differential which tells whether high-priced properties are being treated differently from low-priced ones. Don Monk handed out a statistical report of sales ratio figures for the City (Attachment A). Peterson asked Pidcock if her concern was that there is an in- appropriate correlation between the new and the existing stock, and that, therefore, the existing stock is overvalued. Pidcock agreed. Peterson said he thought the actual 1987 sales figures for older stock illustrated the accuracy of the valuation for those specific houses. He said he thought the numbers show tnat we are close. Bentley said if the numbers are right across the board, then the methodology used is valid. He said the function of this meet- ing then comes in to play where those that are overvalued have the opportunity to have their values reviewed. Pidcock said people don't usually get involved in the process until they are selling a house and then discover that they cannot get what the property is valued at. She said she thought there was also a fear that the value would go higher if the appraised valuation is questioned. Peterson asked what the percentage is of sales that came in at or less than the assessed valuation. Sinell said for the 1987 values City Council Minutes 4 April 28, 1988 only 25 out of more than 800 sales were less than the valuation. A discussion followed regarding the meaning of fair market value. Pidcock said no one wants to pay more than their property is worth and that's where the problem of equity enters in. She said that people who purchase from builders are often paying more than the house will sell for on its first resale. Anderson said we don't know if the 25 sales were pressure sales and that 25 seemed like a relatively small amount. Sinell noted that the statistical measures that are used in the City's assessment are the same as those used in other communities. He said that many times those properties that are overvalued are those that the assessors have not been able to enter and, there- fore, the assessors have had to do estimates. MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 7:25 PM. Motion carried unanimously. 1q TO: JOHN FRANE, CITY CLERK I AM CALLING A SPECIAL MEETING OF THE CITY COUNCIL ON THURSDAY APRIL 28 ,1988 AT 6:OOF'.M. THE MEETING WILL BE IN THE CITY COUNCIL CHAMBERS. THE PURPOSE OF THE MEETING IS TO DISCUSS THE CITY'S REAL PROPERTY ASSESSMENT PRO- CEDURES AND POLICIES -GARY D. 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't 31 i--z u `ter, ^sccmaaa�aa . 6�s co t�•, DZI ` '"� x, * 'i -i1 J� a QYHZZ 7: Z ^ ' 1/1 I- zczoo * - •o--C.A .- v'�« ^. ? « Z M;'1NOMNICIf�- .^ y« LLF.:JWLI * J a:3!^rd C;^ ;. C c z .- C« I LI LI 3:o Ll W * =z =^ ... .- r1ror•oco:^a �r-4o,ror:r;c -� r O ;,� .. 0 * a 0 r ^ CC .. G 32 0 0 Q.- * .. JJ L t 'I G f` W P Cl * tt ^.z H a C.) (0 * J * (-, C.-4 u � a 31^ Q * • ) ) ' ) 7(i ) ) ) ) I CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST May 17, 1988 CONTRACTOR (MULTI-FAMILY & COMM.) HEATING & VENTILATING Lindstrom Cleaning & Construction Bergman Heating & Air Conditioning Metro Air Pierce Refrigeration CONTRACTOR (1 & 2 FAMILY) Richard Best Homes, Inc. GAS FITTER Timothy Buroker Developers Construction, Inc. Metro Air Global Systems, Inc. Metro Gas Installers Tom Hosek Construction Pierce Refrigeration Peterson Pools Pow-Bel Construction Co. S & I Remodeling UTILITY INSTALLER S & M Builders,Inc. Steven's Homes Gene's Sewer & Water PLUMBING PRIVATE KENNEL Fortier Plumbing Eugene Swanson (renewal) TEMPORARY BEER Eden Prairie Lions Club (4th of July & Corn Feed August 13th) These licenses have been approved by the department heads responsible for the licens d activity. Pat Solie, Licensing MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie G SUBJECT: Approval of Expenditure List for Forfeiture Funds DATE: May 11, 1988 As the Council is aware, the City recently received $250,000 in forfeited funds relating to drug money found at the Minneapolis-St. Paul International Airport. This money has been forwarded to the City under the condition that it may be used only to enhance law enforcement efforts and not merely to replace monies that would have otherwise been budgeted. Accordingly, staff has prepared the enclosed listing of how the funds should be expended. As noted in Mr. Wall's memo of May 10, the Attorney General's Office has reviewed this list and given its approval. It is recommended that the Council approve the recommended expenditure allocations as listed in the attached memo of April 21, 1988. All purchases made from this fund will follow the City's usual purchasing guidelines and will appear on the Claims List for Council approval with the notation "forfeiture funds". CJJ:jdp Attachments { 7Li MEMO DATE: May 10, 1988 • TO: CARL JULLIE FROM: KEITH WALL SUBJECT: FORFEITURE FUNDS It was more than one year ago that the Department of Justice indicated that the now, well-publicized $250,000. forfeited funds check was in the mail. A twelve member committee, representing several of our opera- tional units, was formed to consider the best use of these funds. The group was assured that, in keeping with our quality involvement programs, we as administrators would trust them to make responsible decisions regarding the funds use. However, I did ask Captain Clark to develop a detailed accounting procedure since several individuals would be submitting purchase requisitions. Incident].y, we did contact the U.S. Attorney General's local office and asked them to review some of the items to be purchased. They indicated that our preliminary list would be acceptable as law enforcement related purchases. I've reviewed the list as well and found that the majority of items pro- posed would have been purchased in the past had funds been available or will likely be requested in future budgets. 7-/Li • 2.105.1 Federal Register / Vol. 50, No. 110 I Friday, June 7, 1905 / Notices i FOR FURTHCR INFORMATION CONTACT. II.Definitions . DEPARTMENT OF JUSTICE ' Director,Asset Forfeiture Office. A."Department of justice djCriminal Division.Room 918.Federal Investigative bureau"refers to the (Iles of tits Attorney General Triangle Building,31S 9th Street,NW.. Investigative unit within the Department Washington.D.C.20530.(2021 272-6420. of jueUce that participated In the Attorney General's Guidelines on ATTORNEY GENERAL'S GUIDELINES investigation end seizure of property Sated and Forfeited Property ON SEIZED AND FORFEITED and Is responsible for the processing of aerteT Office of the Attorney Genera, PROPERTY the forfeiture arising from the seizure. A done B."Need of the Department of Justice Justice. L Statement of Policy Investigative bureau"means the heed of ACTION:Notice of Department of The following guidelines era designs that bureau or his headquarters-level for Seized end Forfeited designee. Property. to Implement certain asset forfeiture gm provisions of the Comprehensive Crime C'-Placing Property Into official use" SUMMARY:This document sets forth the Control Act of 1984 pertaining to the means use of forfeited property by a Department's policy under 21 U.S.C. disposition of forfeited property,the Department of justice bureau for any 881(e)regarding the handling of seized management end use of the Department official purpose. end forfeited property.It is exempt from of Justice Assets Forfeiture Fund,end D."Properly"means tangible properly the notice and comment requirements of the discontinuance of federal forfeiture and crab. the Administration Procedure Act.S actions to permit forfeiture by State or R."Cash"manna currency.negptleble U.S.C.553(b)by virtue of$U.S.C. I local procedures. instruments and eecuaUes. 555(e)(2).The Department of justice has The statute directs,''The Attorney F.••Slate and local agencies"preen determined that It Is not a"major rule" General shell ensure the equitabie Slate and local law enforcement within the meaning of Executive Order transfer...of any forfeited property to agencies. 'No.12201 or■rule within the meaning the appropriate Slate or local law G• valuesed value"means fair of the Regulatory Flexibility Act,5 I enforcement agency so as to reflect market value. U.S.C.801(1). generstly the contribution of any such Ri.Use and Transfer of Forfeited agency perticlpeting directly In any of Property the acts which led to the seizure or . A.Retention of Property for Officio!Use forfeiture of such property." This authority Is consistent with the a.The Attorney General her the Department of justice's purpose of authority to retain any civilly or promoting cooperative law enforcement criminally forfeited tangible property for efforts in drug trafficking end other official use by any Department of Justice . Investigations.The Department Intends bateau to manage its asset forfeiture program In L No forfeited cash nor any proceeds a manner designed to enhance Ws from setae of forfeited property may be Federal,Side and local cooperation. transferred to,or retained by.federal Title 21.trailed States Code(U.S.C.). law enforcement agendas under the section Mlle),authorizes the Attorney Plapoaillonlona of forfeited U.S.C.ero e)ty, • General to dispose of forfeited property ]fl&Payment ofof and mortgagee ° by(1)retaining the property for official liens mortgages • use;(2)transferring custody or pursuant to an authorization to place • • ownership of the property to any property into mortgfficialagee use. PedereL Stele or local agency pursuant a•Liens and mortgagee cumrdativele • to the Tariff Act of 1930,Title I9,USG amounting to lees than one third of the • Section I816;or(3)precing tits•forfelled appraised value of the asset and • ; e. I cash or proceeds of sale of forfeited fromlthe lees thanthe request st ofwill be paid property In an appropriation celled the from the Fundaa vequ8 l etheb bead Department dimities Assets Forfeiture of theye payments of In o oti sties mortgages '., ! Fund(hereinafter"the Fund").A a t Payh ea aggregate.tiers ofr $0.0013 s thee.er the xcea total ofthe0 or decision of the Attorney General r regarding placing the forfeited property greaterappraisedor valued ore)Isleird of the `Into official use or transferred the from value ofthe here,will be . property to another agency Is not paidDep rrom the Fund at the request of the subject to judicial review, bureau t of toastier concurrence burean subject Die concurrence of the I- ' The Law Enforcement Coordinating Deputy Attorney GeneroL . Committee program will Inform State and local law enforcement egendea as B.OffIcio!Use by Deportment of Justice , to the procedures for requesting en lnrrdigetfnBureau equilebie transfer of forfeited property, 1.The Attorney General's authority to help fedllUes the application for • place tangible property Into official use transfer of such property,and see that Is delegated to the heed of the ' the spirit and letter of the forfeiture Department of justly investigative provisions of the Comprehensive Crime bureau. Control Act of 1984 are Implemented In '. a.In making a decision concerning i each Federal district placing forfeited property Into official / • Fadctnl Register I vol. :in, t•u. uu i AA.,.,.,, r...... .. . , use,the head of the Department agency should submit a written request or forfeiture of the property.Including. investigative bureau must consider the for an equitable transfer of the property but rot limited to,the following factors: Financial status of the Deportment of subject to forfeiture. (l)Which agency initiated the case: justice Assets Forfeiture Fund. b.This request must be filed with the (2)Which agency identified the asset: b.Exercise of this delegation of local or regional office of the (3)The amount of money and ' houty Is subject to concurrence by Department investigative bureau manpower expended by the state or Deputy Attorney General for,all responsible for processing the forfeiture. local agency In pursuing the case•• properly appraised at S750.000 or more. c.The request must Include the (4)Whether or not the state or local r C.Official Use by Other Department of following information: agency seized other assets during the Justice Bureaus )I)Identification of the property course of the same investigation end against which the claim Is made: • whether such seizures were made t.LI the Department Investigative (2)Details regarding the requesting .pursuant to state or local law:end bureau does not choose to place the agency's participation.Including the (5)Whether or not the state or local forfeited property Into official use.the amount of money and manpower agency could have achieved forfeiture Director.United Steles Marshals Service expended by the state or local agency In under state lew,with favorable will determine appropriate disposal pursuing the cnse: • consideration given to a state or local Including screening any remaining (3)A statement of the Intended use for agency which could have forfeited the property suitable for official use by the property: assets)on Its own but Joined forces other Department of Justice bureaus. '(4)A designation of the proper Fiscal with the United Steles to make a more a.A decision to place such property . officer to whom cash or check effective investigation. Into official use is subject to disbursements can be made: • c.The head of the Department concurrence by the Deputy Attorney ' (5)A designation of the proper official Investigative bureau may place tangible General for ell property appraised at to whom transfer documents should be property forfeited edminlstretivety or S750.000 or more. delivered by the United States; judicially into official use In cases in i '2.1f more than one Department of (pI A designation of the proper party which a state or local agency has filed a Justice component wants to retain for to whom possession should be request for an equitable share of that official use the same piece of seized and delivered: • property. forfeited property,the Deputy Attorney (2)A statement Indicating that the (i)In making this decision,the bead General will determine which transfer Is not prohibited under the ` of the Department investigative bureau component may place such property In applicable state or local law: must consider the following factors: •• official use. (6)in Instances of a Joint application (a)The relative needs of both the D.Transfer of Property to State or Local by several state or local agencies,the requesting law enforcement agency and i Low Enforcement Agencies relative share of each state or local • he Departmenti e esetesUgative bureau for 1.Attorney General's Authority for agency:and Pa 1 Equllble Transfer of Seized Property (a)A statement that all fees and (bl The uniqueness of the asset and a.The Act authorizes the Attorney expenses necessary to effect transfer of the likely ebillty to secure such an asset eoeml to transfer Iorfelted property Io title will he paid by or on behalf of the by other seizures In the near future: • 1 rate or local law enforcement agencies requesting agency not later than the (c)The.relative significance of the ▪ that directly participated in the acts time of transfer. requesting law enforcement egancy'a . _ which led to the seizure or forfeiture. d.The requesting agency must certify participation in the ceee,as well as all ▪ h.Tangible property not retained for that the Information contained in 3(c)(4- the other(actors pertinent to the official use by the Department of Justice i 7)above is true end correct. • determination of equitable distribution Investigative bureau Is eligible for e.Property will Ut. he transferred only in' se set forth in Part 13.4.c.above:cases where the tangible property or (d)The potential of.or likelihood that. . equitablec.Where transfer. cash will be credited to the budget of the the requesting agencywill he eligible for f ta agency petitions participating law _ enforcement petitions for a share state ar local agency That directly an equitable share of property from . In!ha forfeited property,the Attorney paiticipated In the seizure or forfeiture. additional seizures arising from the • Gelleral shall determine no egnitable resulting In an increase of law same Investigation or from other • - transfer of the property that generally enforcement resources for that specific seizures In the neer future:and reflects the relative contribution of the •• state or local agency. (e)The hoped that a decision to place ... participatingagencies. f.An Information copy of any request the property Into official use might have t: ..; L Procedure for Determining • will be forwarded to the United Steles on Federal.state and local relations In • Equitable Transffee r Attorney in the district where the that District. a.Any state or local law enforcement ' transfer request originated. • 6.Decision-Making Authority for agency that participates In the acts 4.Procedure for Procersing Requests Determining Equitable Treosfer 1J leading to a Department of Jusllce for Equitable Transfer , a.The equitable distribution of an Frei., seizure for forfeiture may file a request a.In sU cases,the Department asset forfeited administratively with an " for en equitable transfer of the property. Investigative bureau Raid unit receiving appraised value of 5100.000 m less will 'r' b.The criteria for determining the the request will prepare a written report be determined by the head of the ' equitable transfer of the property will be that will evaluate the degree of Department investigative bureaus. the same for all requests. assistance provided by the requesting . (t)The Department investigative c.In all cases tha final decision- agency tar agencies In the underlying bueeu's field unit shalt forward Its v making authority rests With the Attorney ,Investigation. report and recommendation to the Tall• General or his designee. b.The equitable share for a bureau heed for decision 3.Requests from Participating Law : participating state or local agency (2)In making this decielon,the head -. Enforcement Agenclee should generally reflect the contribution .of the Department investigative bureau ▪ a-Within thirty days following the of the agency participating directly in will consider the report end -- seizure fur forfeiture.a state or local any of the acts which led to the seizure • recommendation forwarded by the field . •21051 Federal Register / Vol. 50, No. 110 / Fridny, June 7, 1005 / Notices unit and Issue to the requesting agency a (21 A copy of the decision document bureau in the case of administrative written ruling on the request. will be forwarded to the Director.Asset forfeitures.to determine the statue of _ (3)A copy of the decision document Forfeiture Office.the Director.United any stele or local law enforcement will be for-warded to the United Stales Steles Marshals Service.the United agency requests for equitable sharing.• r - Attorney,or to the Criminnl Division States Attorney or section chief and the IV.Department of Justice Assets section chief In a Criminal Division Department of Justice Investigative IV.Forfei Fund i case•and to the Director,United States bureau. • Marshals Service. e.In all cases in which Judicially A.Administration of the Fund (4j A copy of the decision document forfeited property Is,iocated In a!edictal r. will be made available upon request to district other than where the Judicial 1•The Attorney General delegate the the Director,Asset Forfeiture Office. proceedings ere taking piece,the party administration of the Department of b.in the case of all administratively determining the equitable distribution ••Justice Meets Forfeiture Fund to the forfeited property with an appraised • mutt cons`il with the respective United Unlled Steins Marshals Service.It will value greater titan St00,000 and with all States Attorney prior to determining operate under guidelines developed by Judicially forfeited property,the • equitable distribution. .. the Subcommittee on Asset Forfeiture of r evaluation and recommendation will be e.Proceeds Placed in the Department the Department's Forum for Cooperative - forwarded to the appropriate United of Justice Assets Forfeiture Fund Strategy and in eccordencs with States Attorney or to the Criminal ' a.lf the federal forfeiture action is not Department of Justice Mandel Division section chief Ina Criminal deferred and the property is not placed management policy. Division case. Into official use or transferred toe state 2.The United States Marshals Survlcs (1)The equitable distribution of an or local agency.It will be sold and the will submit to the Deputy Attorney asset forfeited Judicially with an net proceeds of sale will be placed In General on a quarterly baste a Mencinl .' appraised value of Sll10,000 or less will the Meets Forfeiture Fund. statement as to the current status of the be determined by the United States b.Forfeited cash will be placed In the fund. a Attorney or the Criminal Division Assets Forfeiture Fund. 3.Copies of the quarterly United section chief. c.All Department of Justice bureaus States Marshals Service siatement will (2I In making this derision.the United will promptly notify the United States be provided to the Federal Bureau of Slates Attorney or section chief will Marshals Service of any facts affecting Investigation.Drug Enforcement consider the reports end seized property.Some relevant facts Administration,Immigration end "-] recommendations forwarded by the would Include bills,Invoices,orders of Naturalization Service and the Asset head of the Department of Justice mitigation and remission.orders of Forfeiture Office to assist the recipients Investigative bureau and will consult sharing with state or local egenclee. In making decisions as to the use end with the United Stales Mershels Service. orders of designation for official use by transfer of forfeited property. • (31 A copy of the decision document Deportment of Justice components.and B.Payments Allowable Under will be forwarded to the Department of appraisals.Based upon these and other 71 justice Investigative bureau,the factors,the United States Marshals Department of Justice Assets Forfeiture Director.United Stales Marshals Service Service should appropriately dispose of Find and the Director.Asset Forfeiture the property. 1.Forfeiture cash and proceeds from Office. 7.Disposition of Forfeited Property the sale of forfeited property era to be .� c.In the case of all property with an a.State or local agencies may share In deposited In the Department of Jusdca eppreleed value greater then SI00,000, seized and forfeited tangible property, Assets Forfeiture Fund. !Ili the United States Attorney or section and seized and forfeited cash. 2-Money from the Fund may be used !1 chief will forward the evaluation and b.Any property that cannot be used for the lollrwtng: recommendation of the Department for law enforcement purposes must he . a,payment of[lens end merlgnges Investigative bureau.along with his owd liquidated. • pursuant to an order of remission or ` recommendation,to the Director.Asset •C.Where tangible property le pursuant l f Forfeiture Office,who will determine •transferred to qualifying state or local b.Payment of Ilene and mortgages— the equitable distribution of those agencies,monies from the Assets pursuant to an order to lace Into ,assets. Forfeiture Fund will not be used to pay official use. p = (1)In making this decision,the Ilene or mortgA es on the property.to • Director will consider the reports end !equip the property for law enforcement c.Payment of(lens and mortgages recommendations forwarded by the 'purposes,or to pay salaries. pursuant to court order. s w head of the Department of Justice d.The redplent state or local agency d.Payment to equip.for few Inveatigndve bureau and the United- • • must pay the valid Ilene and morlgeges 'enforcement purposes,conveyances States Attorney or section chief and will on the forfeited tangible property prior pieced Into official use by the Drug commit with the United States Marshals to the transfer of such property. Enfon amen!Administration and the Service. e.The recipient state ar local agency Immlgraticm and Naturalization Service. (2)A copy of the decision document may be required to pay direct expenses e.Payment or awards; . will be forwarded to the Department of pertaining to the seizure prior to the I.Purchase of evidence:and _.. Justice investigative bureau.the United transfer of tangible property. •g.Reversion to the United States _z' States Marshals Service end the United I.In the event of an Interlocutory sale Treasury al the end of the fiscal year of =a States Attorney or section chief. of property pending forfeiture,the all amounts In excess of S5,000.000. -v-1 d.The Deputy Attorney General will Director.United Slates Merahals Service C• .the Following,in OrrferoJfNatify;make the final determination of, first must consult with lire United States Will a the Uses of the Forfeited Cosh equitable distribution of any aset with• Attorney,Criminal Division section• and theR the Uses o she Forfeited Fo sit an eppreleed value of 5750.000 or chief or the Director of the Asset ' . PropertyP f J tf ed greeter. Forfeiture Office In the case of Judicially ...... III The request will be processed as In forfeited property,or the heed of the 1.Payment of expenses Incurred by 5 c.above. pertinent Department Investigative the Department of Justice for the care, • Fedornl Register / Vol. 50. No. 110 / Friday, June 7, 1985 I Notices 24055 \'• • ielody and disposal of the seized and B.Deferral of Federal Administrative Information copy to the United Stales rfeitnd property; Forfeiture Proceedings Attorney In the district of seizure. • L Payment of expenses Incurred by 1.A decision to forego a federal D.In the event of en unresolved . e Deportment of Justice in the seizure administrative forfeiture proceeding dispute concerning whether a given td forfeiture of the property; . forfeiture constitutes a Customs or . 'ayment of expenses relative to theagainst any seized asset In favor of a Department of Justice forfeiture for atop.Inventory,safeguarding, .statee a loco(pproval these heed purposes of cash orproceeds requires the approval of heed of thep alntenence,or disposal of the seized Department investigative bureau. disposition,or for stele and local • sd forfeited property incurred by state L In making this decision.the heed of trenefers,the Deputy Attorney General sal local agencies which assist In the the Department InveeUgallve bureau and the Assistant Secretary of Treasury dzure and forfeiture of the property: must consider the status of the Assets for Enforcement and Operations shall 4.Payments of orders of mitigation or Forfeiture Fund and.where appropriate, resolve the issue.Where appropriate, rmleslom consult with the United Stales Marshals they may submit the issue to the 5.Payments for orders of equitable Service. Organized Crime Drug Enforcement taring with state or local law 9.Department of Justice investigative Task Force Working Group for ataroemeat agencies: bureaus must develop procedures for recommendation. 5,Payments for lien on vehicles recording these decisions and providing Doled:May 24.19&7. • laced into official use; reports as required. . Edwin Meese III. • 7.Payment of awards: Attorney General.14.Payment to equip,for law Vi.United States Customs Service aforcement purposes,conveyances Forfeitures (FR Doc 55d704t Flied e.4-115:a:45 am, laced Into official use by the Drug A.Pursuant to Title 28 United States D10 OOOa~ta-0'-le nforcement Administration Code.section 524(cJ.all proceeds from nmlgratlon and Naturalization Service; the forfeiture of property under any law rid enforced or edministered by the 9.Purchase of evidence. Department of Justice remsiaing after t Limitation on Use of the Fund payment of expenses for forfeiture and 1.The Department of Justice Assets sale authorized by law ere to be orfeiture Fund cannot be useddeposited In ths Department of Justice to pay ay of the following Assets Forfeiture Fund,except to the a.Salaries:and extent that the seizure was effected by a b.Where property Is transferred to United States Customs Service afllcer or . tote or local law enforcement agencies' that custody was which cased be the . .• (t)Liens or mortgages on the property; Customs Service.19 In U.S.C. the (.1 nd provisions of 19 I 1813a(Customs • .'! I. • ' `Payments to equip the property for Forfeiture Fund)shell apply. J •... • • fomement purposes. S.To the extent that the United Steles • Jens for and mortgages shall be paid Mershels Service may •have the capacity s ton rem tbe Fund only pursuant to an order seized do so.It may store and Customsmaint e 1 remission or mitigation,an order of here they for thetales Service. he court or an order to place the 1.Where United States Marshall . noperty into official use. Service maintains custody of property • seized by a Customs officer.Ma • 1.DiscoatInuance of Federal Forfeiture Customs Service will reimburse the lctlone - . Marshals Service for the expenses of • 1.Deferral d/fodem!Judicial such custody prior to the deposit of the . Torfeitore Proceeding, Fund. proceeds Into'the Customs Forfeiture i Fund. •L A dedslon to forego an federal L In instances where proceeds are to rdicial forfeiture proceeding against be deposited in the Department of • my seized asset In favor of a state or Justice Assets Forfeiture Fund and the '•'e •r-'. :` ocal forfeiture proceeding requires the ' Cuatoma Service.ae a substitute . tersonal approve!of the United States custodian.has maintened custody of . Vtomey after review of the evaluation property seized by the Department of •- , rod recommendation of the concerned, Justice,the Department of justice will nvestigativa bureau. •reimburse the Customs Service for the • L In making this decision,the United expenses of such custody. ' dates Attorney must consider the status C.Requests for transfers of forfeited r if the Department of Justice Assets property by participating state end local ' Forfeiture Fund_ law enforcement agencies in forfeitures . 1 Judicial forfeitures foregone in favor where the seizure was effected by a sf state or local proceedings are to be Customs officer of custody was. reported by the United States Attorney maintained by the Customs Service in Writing.within five days.to the should be directed pursuent to 19 U.S.C. Director.Asset Forfeiture Office. 1010 to the Customs Service for Criminal Division.United Slates evaluation end forwarding to the • Deportment of justice.Washington.D.C. Assistant Secretary of Treasury for ' trwxt Enforcement and Operations with an . r- 1-1 4/72/itt Tn Pill I OF pr4KT-mr:r4 rAF,TO 1 N I TI ll1r .-•;E•I. Nnnm "4" ‘"0" ,J,01 $7.5in.iii-) rr..,-Lt It of Cor 1.1 tr,. 1,1e wi 1 i r-cr.i v. an i rK”). within /“.) .ear i;1 mint h r•ri,Thi, 4 !AA,: fro-fur,-, nredc, nr ihe Deparimeui wi-Orh '0-1-0-1 the money. • ; • I • nr-1Cr n7,,,r1 t hr. Al t h,(-1 1 cnr mm I 1 4401-1A Ij 1 f tin!, I nt.1 4,r-rim rhli 1.1,,1 1 C., , trill that ih.,e W411 hi. 'mod A, a nulde Anri the 4-'11-411r-urc, inc noi yc, hr,yr, -Furthr=r. ,,lei, or q110,7,=tion, nInA,n coniart A who may Vnr th,t this time we are prepared to begin in ahi- purchAes with the money. Hnever theie is no rush to spend the mcnev and the purchases will be made with the appropriate thought. mmp1, r ha in r.,r1 in, 1 1 t hors who w 1 1 Fig I in, F,-1iti,11p114 nr rn ,evnlyed in ihe Thc• w, 1 t f-,! aitrn i c-,t;.., , 0-tpd and follow normal Lity purchAsinh ,eles- We huen aster: tp I ,ery detailed records nf I(-1 vr r.rhp h th.,f 1.0 1 1 t n-hi i h ,f_irchA,3r,r1 thAt Ai . rn,t lirinil Fin fhe nal 1 4,1-44-I 'I-he 174 f o f hAf t.hi en (1),10,•,/ tni 1 1 1 h. I"aprl n f nh,=r PCh of I rnfni -..a1Pnt end hemp-Fi rnmrmlni ty th,,f r,r,VP Any n, 9t7if. 1.. 1.-Frin or oo, • • ?LP) • MEMORANDUM TO: Chief Wall FROM: Sgt. Larson SUBJECT: Forfeiture Committee Recommended Allocations DATE: April 21, 1988 A committee representing the various units of the department was formed and met to jointly make recommendations as to how the forfeiture money should be spent. It was unanimously decided that this money should be used for purposes other than those which would normally be funded by present and future city budgets. Committee members submitted proposed expenditures for the particular areas they represented. In some cases exact figures were not possible due to the magnitude of the project (i.e. range and K-9 areas). To avoid a "first come-first serve" situation, the committee agreed to present the following recommended allocations for the forfeiture funds: 1. Evidence room: $ 3,000.00 safe for narcotics & seized cash 2. Records: 8,000.00 desktop copier, dictaphone tape player, future telephone expansion; message recording center 3. Crime Prevention: 7,000.00 laser printer, computer hardware and software, crime prevention materials and training 4. Reserves: 4,000.00 extra portable radios and 9 MM handgun for range 5. Training: 25,000.00 fund for specialized out of state schools b. K-9: 50,000.00 future facilities and training 7. Patrol: 15,000.00 portable radios; replacing King Radios and/or additional radios 8. Range: 10,000.00 future range facilities & equipment for current range program (not including additional $15,000 for- feiture funds previously committed to future range) 9. Investigations: 37,000.00 vehicle tracking device, nite scopes, completion of surveillance van, 2-way radios, video equipment, pen register, special buy/equipment fund ($5,000) �- Forfeiture Committee Memorandum April 21, 1988 Page 2 4 10. School Liaison: $ 2,000.00 film library 11. Patrol: 15,000.00 workout & photographs equipment, misc. weaponry 12. Administration/Investigations 14,000.00 portable computers, printers and tape back-up AL:ss lF a Ff1RFF T Tt IRF COMMIT TFF MFMRFRS Al 1.11 Tr I r 1 flI ,-•r-1.-.-Irir>r 17 n, iir-.-,=t turn Mr I F0 b I.1 n..maF I .1 14, I'll n. .1 ht-,t r:nn .. J 1 0,1 r.1 1'iil tnr:f'‘'Ir'71•11:h.JT I-Fq.J11: CAE [N Ar‘q sLnot friflEr TTi.r 5f-T rif) 1,1; Flirripi jry:5 ynn jnt,r.....i.Pd In ro.irrh, ino crnm,rhIng hy r, Ic.,1 01..1 ( t 1- ,,r',1 n flit i flC 1; on r-hr, 1 I nt nr(Tn,1 ,art V,Q1- Ji• FtrtIO. PT i rr-' i (11 1;.:1 pill r-Hi;9, RFD Ir S I 1-11;VI ( AF''.:1161 'F-'1111..01.,1 DIRECTIONS ON THF * THF ENrN TO I OtriT.17 THr PIIPrH0,SF LIAR BEEN AHTHFIPT7Fn, AT THof,T THE; r9r.11 1,1.I1 I ';l1' 1l1 THE rAP Te'4.1\1 l,JMO LIII i ni;TA• r.; Plik1:110‘.;1. JT.'14.f F.' (-VT) ArrlIF Flip 1 I qv I.;1;•;•.' ;-;!: 1 1 IF P!II,1-1IfT.'TiF Trir- ill I frF HI I I rif- r;rk.)194:1; 01- lir * ANY PHPI-H0,4,F iIVFH IF NoN,No no om onTAIN FlIp (11.;. J.11.11 , I:J.11\11W T 11F,' rAP a I Ar'r Fri! I IF FF111171.111.4 753 1 ACCOUNT GOOF 71-R45- FnPFF T TURF PI IROHARF P O IFRT DATE: RFOUFSTINF PFPNfN: EOU I PMFNT nR RFRV T OFS RFnI IFSTFn (T NCI I IHF NI IMRFR OF SAMF) : OnsT PER ITEM: TOTAL COST: NIIMRFP nF RTns. $Inn - St5,nnp RFIII,ITPF Twn pins nP OIIflTFs MT," MANanF.R REVIEW IS RF(YIIPF1) TF PURrHARF TS OVER $900.00: rnMPANTFS RIIRMITTTNF pins aNn RFcIfl TS: RFCnMMFNnATIIN OF ArrFPTANOF (IF NOT Inw pin ATTACH REASONS) : AIITHTIRT7ATTON OF rfMMTTTFF: nATF fAPTATN:____ ____HATE r,HTFF: nATE FII F rOMPI FTF: HATF__________ PIIRrHASF nRnFP: HATF NIIMRFR FOHIPMFNT nP RFRVTOF RFPFTVFn: HaTF MEMORANRUM TO: Bob Lambert, Director of Community Services 4r FROM: Lyndell Frey, Recreation Supervisor DATE: March 15, 1988 SUBJECT: Youth Scholarship Program In the past, very few people have taken advantage of the Scholarship Program offered through the City and Community Education Department. On March 9th I attended a meeting conducted by PROP with several apartment complex managers in attendance. The topic of discussion was summer programs and activities for youth as well as adults. Other agencies such as the Police Department, Red Cross, Shape, etc. were in attendance. At this meeting it was requested of the Community Services Department to let people become more aware of the Scholarship Program. Currently it is listed in the Brochure which is mailed to each Eden Prairie household quarterly. I am very much in favor of the Scholarship Program and I feel I can speak for the entire recreation staff in expressing the importance of allowing all youth an opportunity to participate in city programs. My concern, however, is the fact that many of our programs are projected at a balance of revenue and expenditures. If a large scale of scholarships start flooding in it will be very difficult to maintain that balance. It is also important to note that if a few basic perimeters are set we will avoid any persons from taking advantage of the scholarship program to the extent of jeopardizing the program. dr E dneterS for the Youth Srho1 rahi Prnnr 1. Parent or Guardian must live or work in Eden Prairie. 2. The Basic Scholarship information must be filled out. (See Scholarship Application) 3. Only youth scholarship applications will be accepted. (Unless applicant is applying for the activity for the entire family.) Example: Family Cross Country Ski Lessons. 4. One session of swimming lessons per season will be allowed. In addition the applicant may not exceed $50.00 of scholarship moneys for any one calender year. This doesn't include the cost of their swimming lessons. This $50.00 limit would be in addition to the one session per season of swimming lessons. 5. All scholarships would be recorded and debited to that specific program. As an example John Doe is interested in the following youth programs: Summer Playground Program, cost $10.00; Youth Camping Program, cost $30.00 and the'Youth Tennis Program, cost $16.00 for a total of $56.00. His parent or parents whould need to obtain $6.00 for John to participate in those 3 summer programs. In addition if John's parents would like him to take beginning swimming he would also be eligible under the scholarship program to take that class at no cost. The purpose of this memo is to propose to the Parks Commission and City Council the adoption of this program with the understanding.he funds would be allocated through City funding. 2 4J,J _. qA F y TO: MAYOR AND CITY COUNCIL FROM: BILL JACKSON, CHAIRMAN HUMAN RIGHTS AND SERVICES COMMISSION THROUGH: NATALIE J. SWAGGERT DIRECTOR HUMAN RESOURCES/SERVICES DEPARTMENT DATE: MAY 10, 19B8 SUBJECT: YOUTH SCHOLARSHIP PROGRAM The Human Rights and Services Commission wishes to convey its' support for the Youth Scholarship Program which has been proposed by City Staff and the Parks, Recreation and Natural Resources Commission. The Commission feels strongly that the scholarship program is needed. It is important that all Eden Prairie residents have access to city sponsored programs. In situations of financial hardship, families should be granted financial aid. The Commission further recommends that the availability of financial assistance be better publicized. E:J lD SCHOLARSHIP APPLICATION Plea e ete e formstoc thel address s form below ibelow. send it You willlong with a be contacted byeted phoneetosconfirrm the award. Scholarship information is kept confidential. Name of Parent or Guardian (*Social Security Number Optional) Address Apt. No. City State Zip If not a resident of Eden Prairie state place of employment. Home Phone Number Work Phone Number ****************************************************************************** Name of child for which scholarship is requested: Class or program for which scholarship is desired: Class Fee: I am requesting (circle one): Half Scholarship Full Scholarship Do you qualify for financial assistance (circle one): Yes No If YES, list type(s) of assistance (ie Food Stamps, AFDC) and applicable case number(s). You may then sign this form and return it to the Recreation Department for processing. If NO, please complete the following income information: (eligible income guidelines are listed on the back of this page): Household Size: Total Household Monthly Income (list rocs income before deductions): Signature: I hereby certify that all the above information is true and correct, and I understand that the Recreation Department my verify the information on the application. Signature of Parent or Guardian Date Send or bring completed application to: Recreation Superintendent Eden Prairie Community Center I6700 Valley View Road Eden Prairie, MN 55344 LIMITED NUMBER OF SCHOLARSHIPS AVAILABLE FOR EACH PROGRAM *Privacy Act Information - Social Security Number. You are not required to give social security number. The social security number may be used to ( identify you for verifying information you report on this application. If incorrect information is discovered the scholarship will be denied. INCOME ELIGIBILITY GUIDELINES Household Size Yearly Monthly Weekly 1 $10,175 $ 848 $196 - 2 13,690 1,141 264 3 17,205 1,434 331 4 20,720 1,727 399 5 24,235 2,020 467 6 27,750 2,313 534 7 31,265 2,606 602 8 34,780 2,899 669 For Each Additional Member, Add: +3,515 + 293 +68 FOR CITY USE ONLY - DO NOT WRITE BELOW THIS LINE Eligibility Approved Approved 1---1 Denied i l Determination: Full Scholarship Half Scholarship Reason for 1---1 Income Too High Application 1 l Other Denial: i l Incomplete Reason: Date Notice Sent: Signature of Determining Official Date APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMMISSION Mar. 21, 1988 -5- Cook asked if the swimming pool will be open the remainder of 1988. Bolinske said that the tile around the pool will be replaced sometime in December which will require closing the pool. MOTION: Shaw moved to recommend acceptance of the annual report. Cook seconded the motion and it passed 7-0. 2. Schedule of Commission Tour of Parks Refer to memo dated March 17, 1988 from Bob Lambert, Director of Community Services. After discussion, it was decided to have three tours. Tour 1 of the new projects will be on Saturday, April 16, Tour 2 of undeveloped park sites will be Saturday, April 23 and Tour 3 of the trails will be Saturday, April 30. Baker suggested that the commission also tour the Riley Lake area. This will be scheduled prior to a regular commission meeting. B. Reports of Recreation Supervisor 1. Policy on Scholarships Refer to memo dated March 15, 1988 from Lyndell Frey, Recreation Supervisor. Frey said the scholarship program has not been used often, but he feels there should be a $50 limit per applicant per year. Shaw asked what the income limitations are to qualify for a scholarship. Frey said they have not required income information to apply. Shaw said he feels it is necessary to ask some of these questions so those in need will get the scholarships. Cook asked who qualifies for financial assistance. Frey said the individual would list the agency they receive assistance from on the form. �J� l APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMMISSION Mar. 21, 1988 -6- Joyer said that people in need should not be required to fill out more forms since this would scare some people away and that some form of dignity should be maintained. Shaw suggested that the form could list a multiple choice of income brackets and this information could be used to decide eligibility. Cook suggested that a statement be added to the form stating that the City has the right to check information or request further information. Breitenstein said that the form the school uses for free lunch eligibility is good and perhaps we should use the wording for this form. Breitenstein suggested that the scholarships be limited to one per program per year. MOTION: Baker moved to recommend acceptance of the youth scholarship program, but to include more information about financial need on the form using the free lunch application from the school as an example and providing a means of limiting the number of scholarships per activity for budgeting purposes. The motion was seconded by Cook. On call for discussion, Bolinske asked if Community Education should use the same form for their scholarships. Cook said he feels they should conform to this program or come before the commission with their suggestions. Mikkelson added that the form should have a space for the applicant's signature stating that all information is true. The motion passed 7-0. 2. Senior Citizen Survey Sandy Werts summarized the survey which was taken last May. Names and addresses were from the Senior Center mailing list. According to census, Eden Prairie has 1048 people 62 and older of which 750 are 65 and older. There were 344 surveys mailed out and 193 were returned (67%). The following points were reviewed: demographics of survey respondents, summary information, education, leisure and recreation, transportation, programs for mixed ages, help for independent living and information request/volunteer opportunities form. APPROVED MINUTES C EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Apr. 18, 1988 -6- Bolinske said the Community Center has also added many activities such as aerobics. There is also more high school time and more advertising. Many changes were implemented after the bond referendum including an increase in membership fees, an increase in swimming rates, increase in hockey game rates, increased class fees. Bolinske added that they have cut back on the concession inventory and are concentrating on the upkeep of the building which includes tiling the locker rooms and pool area. He reviewed the factors that have contributed to the deficit at the Community Center, but are turning around including the Foxjets coming back, good maintenance and better attitudes. 3. Use of Credit Cards at Community Center Refer to memo dated April 12, 1988 from Rick Bolinske, Superintendent of Recreation. Bolinske said he feels allowing the use of credit cards dr would increase membership sales and classes. One negative point is that it will cost between 3% and 4% for handling costs although Bolinske said he feels this will be made up by increased sales. MOTION: Baker moved to recommend that credit cards be available for use at the Community Center providing handling costs do not exceed 4%. Shaw seconded the motion and it passed 5-0. B. Reports of Athletic Coordinator 1. Revised Scholarship Application Form Cook noted that most forms indicate "parent or guardian" and the bottom of the form is worded as such. Lambert said that this change will be made. MOTION: Cook moved to recommend approval of the amended scsc i�olarship application form. Shaw seconded the motion and it passed 5-0. C. City Council Meeting Report of April 5, 1988 The Council approved the Comprehensive Park Plan revised contract for $68,800 from $49,000. LC MEMORANDUM To: Staff Representatives of: Bloomington Eden Prairie Edina Minnetonka Richfield From: Desyl L. Peterson Minnetonka City Att/rne Date: May 4, 1988 Re: I-494 Joint Powers Agreement The Edina City Attorney has suggested some language to clarify the intent of the proposed joint powers agreement. First, in paragraph 10.2, the chart would be changed to add an "Up To" column and the sentence following it would be changed as follows: Percent Up To City of Bloomington 11 $99,000 City of Eden Prairie - 5 45,000 City of Edina 4 36,000 City of Minnetonka 2 18,000 City of Richfield 3 27,000 If the cost of the impact statement exceeds $900,000, the Parties shall have no obligation to pay any part of the cost which exceeds that amount. This is intended simply to clarify the maximum obligation. Second, a sentence would be added to paragraph 11.2 to read as follows: The withdrawn Party shall have no further responsibility for obligations imposed by this Agreement or incurred by the Commission, except the obligation to pay its share of the environmental impact statement cost under paragraph 10.2. This is intended to clarify that a withdrawn party does not have to make contributions to the Commission, even though the Commission has executed a contract which continues after the party's withdrawal. I regard these changes simply as clarifications rather than substantive amendments. I have incorporated them into a revised draft of the agreement, which is attached. 242d DRAFT JOINT AND COOPERATIVE AGREEMENT y-gg PRELIMINARY STATEMENT The Cities of Bloomington, Eden Prairie, Edina, Minnetonka and Richfield are Parties to this Agreement and are governmental units of ' the State of Minnesota. Minnesota Statute 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. The Parties to . this Agreement have chosen to execute a cooperative agreement providing for the joint exercise of powers to implement the recommendations in the I-494 Corridor Study adopted by the Parties in 1987. .ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities to jointly and cooperatively implement the recommendations of the I-494 Corridor Study, a copy of which is attached and marked Exhibit A. ARTICLE 2. NAME The Parties hereto agree to establish an organization to be known as the I-494 Corridor Advisory Commission to carry out the objectives of this Agreement. ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given below. f�.1.2 1 3.1) "Commission" means the organization created pursuant to this Agreement. 3.2) "City Council" or "Council" means the governing body of a Party. 3.3) "Commissioners" means the persons appointed pursuant to this agreement to serve as commissioners. 3.4) "Party" means a municipality which has entered into this Agreement. 3.5) "Affiliate Member" means a person or organization selected by the Commission to have special status with the Commission, with only the rights specified in this Agreement. 3.6) "Improve-494" means the non-profit, private sector committee formed to further the objectives of the I-494. Corridor Study. ARTICLE 4. ADDITIONAL PARTIES Any other municipality may become a Party upon unanimous approval of the Parties. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the City Manager of the City of Minnetonka. This Agreement shall become effective upon approval by at least four municipalities. (t 2 ARTICLE 6. POWERS AND DUTIES OF THE COMMISSION 6.1) The powers and duties of the Commission shall include the powers set forth in this article. 6.2) It may cooperate with the Minnesota Department of Transportation to partially pay for and participate in preparation of environmental impact analysis of I-494 improvements, including preliminary geometric design and evaluation of high-occupancy vehicle lanes on I-494. 6.3) It may cooperate with the Minnesota •Department of Transportation to secure a roadway indirect source permit from the Minnesota Pollution Control Agency and access revision approval from the Metropolitan Council and Federal Highway Administration. 6.4) * It may research and recommend funding strategies for I-494 construction. 6.5) It may research travel demand management strategies and ordinances, develop model ordinances, and recommend joint action on such strategies and ordinances by the Parties. 6.6) It may research and make recommendations to the Parties regarding other matters related to the Commission's purpose. 6.7) It may cooperate with Improve-494 and other affiliate members and appropriate groups to further the objectives of the I-494 Corridor Study. It may consult with and assist Improve-494 and other affiliate members and appropriate groups to facilitate travel demand management strategies and programs. cde)r 3 6.8) It may cooperate with the Metropolitan Council, Regional Transit Board and Metropolitan Transit Commission to develop transit operation plans. 6.9) It may monitor land use development, traffic volumes and travel characteristics in the I-494 corridor. 6.10) It may, with consent of the city council of each Party, update the I-494 Corridor Study. 6.11) It may consult with persons knowledgeable in transportation, such as research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations, technical experts, and any other persons who can provide pertinent information concerning implementation of the recommendations of the I-494 Corridor Study. 6.12) It may enter into any contracts deemed necessary by the Commission to carry out it powers and duties, except that all contracts for an amount exceeding $5000 shall be approved by at least four Parties. 6.13) It may accept gifts, apply for and use grants, enter into agreements required in connection therewith and hold, use, and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.14) It shall cause an annual, independent audit of the books of the Commission to be made and shall make an annual financial accounting and report in writing to the Parties. The annual audit shall be conducted as part of the normal annual audit of one of the Parties and paid for by that Party. This obligation shall be undertaken by each Party in turn, on a rotating basis to be determined 0. 4 �F' by the Commission. The Commission's books and records shall be available for and open to the examination by the Parties at all reasonable times. ARTICLE 7. Commissioners 7.1) The Commission shall consist of ten commissioners. Each Party shall be entitled to two commissioners and one alternate for each of those commissioners. Each commissioner shall have one vote. The Council of each Party shall appoint its two commissioners and their alternates. Commissioners shall serve without compensation from the Commission. 7.2) Each commissioner and alternate shall serve until a successor is appointed and assumes his or her responsibilities. Commissioners and alternates shall serve at the pleasure of the Council appointing them. When a Council appoints a commissioner or alternate, it shall give notice of the appointment to the Commission's Secretary-•Treasurer. 7.3) Each commissioner shall be responsible for notifying his or her alternate of meetings which the alternate should attend. In the absence of a commissioner, his or her alternate shall have all the rights and responsibilities of the commissioner, except that no alternate may be, or act as, an officer of the Commission. 7.4) There shall be no voting by proxy, but all votes must be cast by the commissioner or designated alternate at a Commission meeting. 7.5) A majority of the commissioners shall constitute a quorum. 5 7.6) A vacancy on the Commission shall be filled by the Council of the Party whose position on the Commission is vacant. 7.7) Improve-494 shall be an affiliate member of the Commission. The Commission may choose by majority vote to designate additional affiliate members. These members may participate in discussions of the Commission but may not vote. In addition, these members shall be sent notices of all meetings, but a failure to notify these members shall not invalidate any action. Affiliate members may be excluded from lawful closed meetings of the Commission. The Commission may further define the role of affiliate members and may establish different requirements for each affiliate member. ARTICLE 8. ME ET INGS 8.1) The Commission shall meet at least quarterly on a schedule determined by the Commission. 8.2) Special meetings of the Commission may be called (a) by the Chair or (b) upon written request of a majority of the commissioners. Five days' written notice of special meetings shall be given to the commissioners. ARTICLE 9. OFFICERS 9.1) Number. Election, Oualificatioas - The officers of the Commission shall consist of a Chair, a Vice Chair and a Secretary/Treasurer. Each officer shall be elected annually by the Commission and shall hold office until his/her successor takes office, earlier disqualification, death, resignation, or removal. All officers must be commissioners. No more than one commissioner of a Party shall be elected an officer during the same term. (,!_ 6 9.2) Chair; Vice Chair - The Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Commission. The Vice Chair shall act as Chair in the absence of the Chair. 9.3) ecretarv/Treasurer - The Secretary/Treasurer shall be responsible for keeping a record of all of the proceedings of the Commission. The Secretary/Treasurer shall send written notice of meetings and material pertaining to agenda items to each commissioner. Re/She shall have custody of the Commission's funds, shall pay its bills, shall keep its financial records, and generally conduct the financial affairs of the Commission. The Secretary/Treasurer shall be responsible for such other matters as shall. be delegated to—hit/her by the Commission. All checks issued on behalf of the Commission shall be approved by the Commission and signed by the Secretary/Treasurer and one other commissioner from a Party other than that of the Secretary/Treasurer. The Commission shall obtain a fidelity bond or other insurance to cover all persons authorized to handle funds of the Commission. 9.4) Other Officers - The Commission may appoint such other officers as it deems necessary. All such officers shall be commissioners. ARTICLE 10. FINANCIAL MATTERS 10.1) Commission funds may be expended by the Commission in accordance with the procedures established under the Minnesota Municipal Contracting Law, Minn. Stat. 9471.345, as if any one party ‘7,) 7 were acting. The contract value amounts in that law for each party may not be aggregated. Legal instruments other than checks shall be executed after Commission approval, by any two officers. 10.2) The Parties shall pay a proportion of the cost of preparing an I-494 environmental impact statement and preliminary design according to the following schedule, regardless of whether or not they have withdrawn from this Agreement: percent Up To City of Bloomington 11% $99,000 City of Eden Prairie 5% 45,000 City of Edina 4% 36,000 City of Minnetonka 2% 18,000 City of Richfield 3% 27,000 If the cost of the impact statement exceeds $900,000, the Parties shall have no obligation to pay any part of the cost which exceeds that amount. In addition to the amount shown above, the City of Bloomington shall collect and contribute any money donated by private parties, such as Improve-494, towards the impact statement cost. This formula provides for Parties to contribute 25% of the consultant fees for the environmental impact statement allocated in proportion to the number of trips generated in the study area according to year 2010 forecasts. The remaining costs are to be paid by the Minnesota Department of Transportation, Hennepin County, Metropolitan Airports Commission, Metropolitan Council, developers, landowners, and/or other people. 10.3 The financial contributions of the Parties in support of other Commission functions shall be per capita. Each of the Parties shall pay to the Commission an amount as annually approved by the ?TJ 8 Parties not to exceed $.10 per capita based on the most recent Metropolitan Council population estimates. This amount may be used by the Commission to pay its expenses. 10.4) A proposed budget and recommended financial contributions of the Parties shall be formulated by the Commission and submitted to the Parties on or before August 1 of each calendar year. By September 1 of each calendar year, the Council of each Party shall approve, modify, or reject the proposed Commission budget and the Party's financial contribution and give notice of its action to the Commission. The budget shall be deemed approved by a Party in the absence of action by September 1. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before September 15 of each, year. • 10.5) The Parties shall make their financial contributions to the Commission on a monthly basis. At no time shall the funds in the Commission's treasury, exclusive of encumbered funds and funds from sources other than the Parties, exceed $25,000. If the Funds exceed that amount, the Secretary/Treasurer shall notify the Parties to discontinue their contributions until notified that the funds have fallen below that amount. - 10.6) Any Party may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. 10.7) Each Party shall pay a one—time initiation fee to the Commission within 60 days after this Agreement becomes effective. These fees shall be used to pay the Commission's initial expenses. (11 9 IThe fee for each Party shall be as follows: City of Bloomington $5,500 City of Eden Prairie 2,500 City of Edina 2,000 City of Minnetonka 1,000 City of Richfield 1,500 ARTICLE II. WITHDRAWAL 11.1) Withdrawal - Any Party may withdraw from this Agreement effective on January 1 of any year by giving written notice to the Commission Chair prior to October 1 of the preceding year. The notice shall be accompanied by a certified copy .of a resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt of the notice and resolution by the Chair, who shall send a copy of the notice and resolution to each commissioner. 11.2) Financial Effect of Withdrawal - No financial benefit shall inure to a Party that withdraws from this Commission nor shall there be any reimbursement for any contribution made or required of the withdrawn Party by this Agreement. The withdrawn Party shall have no further responsibility for obligations imposed by this Agreement or incurred by the Commission, except the obligation to pay its share of the environmental impact statement cost under paragraph 10.2. ARTICLE 12. AMENDMENTS 12.1) Amendments. - This Agreement may be amended only by . written amendment entered into by all of the Parties to this Agreement in the same manner as this Agreement is entered into pursuant to Article 5 hereof. Y J). 10 ARTICLE 13. DISSOLUTION 13.1) Duration of Commission - The Commission shall be dissolved if less than four Parties remain, or by operation of state or federal law or regulation, now or hereinafter enacted, or by mutual signed agreement of all of the Parties. 13.2) Distribution of Assets - Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributions for the year in which the dissolution occurs and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs,.but for no other purpose. IN WITNESS WHEREOF, each undersigned municipality has caused this Agreement to be signed on its behalf on the date indicated below. Dated: CITY OF BLOOMINGTON By Its Mayor By Its Manager Dated: CITY OF EDEN PRAIRIE By: Its Mayor By: Its Manager In 11 Dated: CITY OF EDINA By: Its Mayor By: Its Manager Dated: CITY OF MINNETONKA By: Its Mayor By: Its Manager Dated: CITY OF RICHFIELD By Its Mayor By Its Manager x Atei 1/41 12 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 88-82 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-I44 (Street and Utility Improvements for Bluff Road) and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to Minnesota Statues, Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Hanson Thorp Pellinen Olson, and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTEd by the Eden Prairie City Council on May 17, 1988. • Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk ( ,� Hustad DEVELOPMENT May 10, 1988 • Mr. Alan Gray City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Bluffs East Fifth Addition Dear Al, After reviewing the various alternatives for upgrading Bluff Road, I am convinced that a permanent solution would be preferable to temporarily blacktopping the existing alignment. After several discussions with Hennepin County, yourself, and our consultants, it is evident that the temporary solution that we agreed on with the approval of Creek Knolls first addition would likely contribute to the existing traffic problems rather than be of some relief. With this advice in mind, it is my considered opinion that it would be better for all concerned if the city would construct a permanent facility as soon as possible instead of waiting the five or more years for us to include it in our budget. My reluctance to have Bluff Road fully improved was related to a • concern over the absorption rate of improved lots. Our • experience has been that property is selling as rapidly as expected but that occupancy is somewhat slower because of the increase in size and value of the homes. If the townhouse style project by Wooddale Builders is approved by the city council the more immediate need would be to complete the unfinished section of Franlo Road which we could do yet this year. I think all parties agree that this would be a safer route for the increased traffic that will be experienced in 1989 and 1990. Based on the advice from the various professional sources mentioned above, I respectfully submit the enclosed application for the improvement of Bluff Road to extend eastward from Canadians Landing to County Road 18. Very sincerel yi • /471;11,(1A eiell/e7/7) Wallace H. Hustad General Partner Creek Knolls Partnership enclosures rl 7460 Market Place Drive•Eden Prairie,MN 55344.941-4383 -• i CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): X (General Location) ***SEE EXHIBIT Sanitary Sewer Bluff Road X Watermain Bluff Road X Storm Sewer Bluff Road X Street Paving Bluff Road Other Street Address or Other Legal Description of Names of Petitioners Property to be Served (Must Be Property Owners) Creek Knolls Partnership, Wallace H. Hustad General Partner (For City Use) Date Received Project No. Council Consideration —01 MEMORANDUM TO: City Council THRU: Carl Jullie City Manager FROM: Craig Dawson Assistant to City Manager SUBJECT: Agreement to use NSP easement at Fire Station No. 4 DATE: May 11, 1988 Fire Station No. 4, under construction at the northeast corner of Homeward Hills and Sunnybrook Roads, is partially located on a powerline easement owned by NSP. In fact, part of the building is directly under transmission lines. In order to be able to use the land under NSP's easement, the City must enter into an agreement which NSP terms an "encroachment license agreement." Staff has been negotiating with NSP over the terms of this agreement for several months. Staff focused on three changes. First was the top building elevation contained in Section 4, and this has been changed to the City's satisfaction. Second was inserting a section which would allow the City to satisfy NSP's insurance requirements through self-insurance; this is accomplished through Section 9. Finally, NSP's original draft of Section 13 would have required that the City return the property "to substantially its original condition" if the City did not correct conditions which may be in violation of the agreement. A new sentence has been added which states that, "such corrections shall not require removal of the Fire Station building to return the property substantially to its original condition." The City Attorney advises that "such conditions" should be changed to "any surrender". Major provisions of the agreement call for the building to have a fire sprinkler system and a two-hour fire rating (which it will have), and for storage of flammable materials to be outside the easement. Insurance requirements are within the City's coverages. With the change noted above to Section 13, the City Attorney has approved the proposed agreement. COSTS: The City will not pay NSP any fees or charges to encroach upon this easement. RECOMMENDATION: It is recommended that Council authorize execution of the encroachment license agreement with the change noted above. CD:bm ENCROACHMENT LICENSE AGREEMENT THIS AGREEMENT, made this day of 1988, between NORTHERN STATES POWER COMPANY, a Minnesota corporation (here- inafter called "NSP"), and the CITY OF EDEN PRAIRIE, a Minnesota Municipal corporation (hereinafter called "Licensee"). WITNESSETH: WHEREAS, Licensee is the owner of the following described property (hereinafter called "Owned Premises"), Hennepin County, Minnesota: All that part of Tract E, REGISTERED LAND SURVEY NO. 751, files of the Registrar of Titles, Hennepin County, Minnesota, lying southeasterly and easterly on a line 40.00 feet southeasterly and easterly from the following described line: Commencing at the Northeast corner of the NE 1/4 of the SW 1/4 of Section 23, Township 116, Range 22, said Hennepin County; thence on an assumed bearing of South 89°38'22" West along the North line of said NE 1/4 of the SW 1/4, a distance of 198.31 feet to the point of beginning of the line to be described; thence southerly a distance of 588.24 feet along a nontangential curve, concave to the east, having a central angle of 16°49'40", a radius of 2002.86 feet and a chord bearing of South 8°46'28" East, thence South 17°11'18" East, tangent to said curve, a distance of 151.39 feet; thence southerly a distance of 495.13 feet along a tangential curve, concave to the west, having a central angle of 42°22'11" and a radius of 669.55 feet; thence South 25°10'53" West, tangent to the last described curve, a distance of 125.00 feet; thence southwesterly a distance of 108.50 feet along a tangential curve, concave to the north- west, having a central angle of 17°54'22" and a radius of 347.19 feet; thence South 43°05'15" West, tangent to the last.described curve, a distance of 288.73 feet; thence southwesterly and southerly a distance of 312.72 feet along a tangential curve, concave to the southeast, having a central angle of 50°12'00" and a radius of 356.93 feet to the South line of said Tract E and there terminating. And lying westerly and southwesterly of the following described line: Commencing at the Southeast corner of said Tract E; thence on an assumed bearing of South 82°59'02" West along the said South line of Tract E, a distance of 40.28 feet to the point of beginning of said line to be described; thence North 0°43'02"East, a distance of 300.58 feet; thence North 59°54'21" West, a distance of 132.72 feet; thence North 46°54'45" West, a distance of 40.00 feet and there terminating. DJF021588PJHO1 j"]�) PAGE 1 of 9 WHEREAS, NSP is the owner of an easement grant over the afore- described Owned Premises, which easement is defined as follows: A strip of land 125 feet in width, and lying within a distance of 62.5 feet on each side of a line described as being 190 feet west of and parallel with the East line of the SW 1/4 of Section 23, Township 116 North, Range 22 West. (hereinafter called "Easement Property). which easement was granted to Northern States Power Company as follows: REGISTERED GRANTOR DATE FILED VOLUME PAGE DOCUMENT NO. Hilda M. Raquet Sep 20, 1968 1383 417961 924928 WHEREAS, Licensee desires to construct a building on Owned Pre- mises, a part of which building will encroach upon a portion of NSP's easement area, NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter contained to be kept and performed, NSP and Licensee agree that: 1. NSP does hereby grant unto Licensee, its successors and assigns the right to encroach upon, occupy and to use, in the manner hereinafter specified, the portion of the Easement Property described in paragraph 3 hereunder. 2. It is hereby agreed that the description of the Owned Premises encumbered by the easement as stated above is correct and shall apply, notwithstanding the fact that it may be different from the description used in the aforementioned easements. 3. The right of encroachment, occupancy and use granted herein shall be limited to that part of the aforedescribed Easement Property as follows: Commencing at the Southeast corner of Tract E, Registered Land Survey No. 751; thence on an assumed bearing of South 82°57'52" West, a distance of 151.4 feet along the South line of said Tract E; thence North D°43'02" East, a distance of 58 feet; thence deflect to the left 90°, a distance of 5 feet to the actual point of beginning of the building encroachment area; thence continue on the last described line, a distance of 57.5 feet to the West line of the easement previously described herein; thence north along said West line, a distance of 86 feet; thence deflect to the right 90°, a distance of 46.5 feet; thence southeasterly to the point of beginning. DJF021588PJH01 /f.J PAGE 2 of 9 Ins aroreuesc n oea portion of the Easement Property is hereinafter called "Encroachment Area". 4. The rights of encroachment and the rights and licenses herein granted shall be limited to the use by Licensee of the Encroachment Area for the purpose of constructing, maintaining and replacing, if necessary, and operating thereon a concrete or masonry building of a height (including stacks, ventilators or other appurtenances on the roofs thereof) not to exceed, in the Encroachment Area only, an elevation of 845.5 feet, mean sea level datum, 1929 adjustment. Licensee agrees, and it is an express con- dition upon which this right of encroachment is granted, that the entire building, a portion of which is within the Encroachment Area covered by this right of encroachment, shall be constructed of fire resistant materials and the roof of said building within said Encroachment Area shall be con- structed so as to carry a two-hour fire rating, and that no portion of said building or the Encroachment Area shall be used for any purpose which creates a hazard to NSP's power lines and facilities, and specifically that there shall be no storage or use of petroleum or other products having volatile characteristics or explosives therein. There shall also be a sprinkler system installed and maintained within said building. The pro- visions of this paragraph shall not apply to the use or storage of fuels in vehicles, other than fuel delivery vehicles. 5. Licensee accepts the Encroachment Area in its present condition without any promises, agreements or obligations on the part of NSP to make any improvements or repairs thereon, and in the event any interference arises whereby NSP is required to rebuild or relocate its facilities due to the construction of said building only in the Encroachment Area, the costs for such relocation or rebuilding shall be borne by Licensee. 6. Licensee agrees to assume all liability and to idemnify and compensate NSP for any injury or damage to persons or property, including NSP's property or employees, occasioned by, or arising in connection with the use of the Encroachment Area by Licensee, its employees, customers or agents, and Licensee further agrees to defend, indemnify and save NSP harmless against all actions, claims, damages, or demands which may be brought or made against NSP by reason of anything done by Licensee, its employees, customers or agents, in the exercise or purported exercise of the DJF021588PJH01 PAGE 3 of 9 711 rights, privileges and duties herein granted. 7. Licensee shall maintain such coverages as will protect it from claims under workers' compensation laws, and primary liability insurance coverage protecting it and NSP on first dollar coverage from claims for damages because of bodily injury, including death, and property damage which may arise both out of and during its use and occupancy of the Encroachment Area under this Agreement, whether such use and occupancy be by itself or by any agent, employee, contractor, or anyone directly or indirectly employed by any of them, and such insurance shall be written for not less than the following limits for any one person or occurrence (which may be increased in a reasonable amount from time to time by NSP): Comprehensive general liability insurance including contractual liability Bodily injury $500,000 each person $500,000 each occurrence Property damage $500,000 each occurrence $500,000 aggregate The risk of loss for any improvements in the Encroachment Area shall be solely upon Licensee. Licensee shall have NSP placed as an additional insured on the above insurance policy with a cross liability endorsement, and all insurance carriers for Licensee shall furnish to NSP waivers of subrogation as to all fire, casualty, and extended coverage insurance carried by Licensee in reference to Licensee's use and occupancy of the Encroachment Area and as to its building and improvements located thereon. 8. Licensee agrees to provide NSP with a Certificate of Insurance fulfilling the insurance obligations as stated herein. Said Certificate shall be provided prior to beginning any activities granted by this Agreement. 9. In recognition of the potential need for the Licensee to utilize self-insurance as an option to purchasing insurance, NSP agrees to allow Licensee to substitute self-insurance programs for workers' compen- sation and primary liability insurance coverage requirements as detailed in paragraph 7 of this agreement. In lieu of the requirement of providing NSP with certificates of insurance in paragraph 8, NSP will accept a letter from the City certifying the existance of self-insurance programs for workers' compensation and primary liability insurance coverage. DJF021588PJHO1 ) PAGE 4 of 9 10. Licensee agrees to secure all necessary permits that may be required from municipal, state or federal authorities to construct and operate its building in the Encroachment Area. 11. In the event a lis pendens in connection with any mechanics' liens is filed against the Encroachment Area, except any lien arising out of work done by, contracted for or by, or done at the request of NSP, Licensee agrees either to satisfy such lien promptly or to contest the filing of any such lis pendens in good faith. Failure to satisfy such lien within ninety (90) days after the filing of a notice of lis pendens shall constitute a breach of the terms and conditions of this Agreement unless Licensee within such ninety (90) days shall have taken all necessary steps to contest the filing of any such lis pendens. If Licensee shall in good faith contest the filing of any such lis pendens or any other lien which may be filed against the Encroachment Area, NSP may not cancel this Agreement until such time as the validity of such lien shall have been finally determined and Licensee shall have not satisfied the same within ninety (90) days after such final determination. Licensee further agrees to indemnify, defend and save NSP and the Encroachment Area harmless from any lien (including mechanics' liens), charges or other encumbrance thereon which may accrue or arise as a direct result of any use thereof by Licensee. 12. As part of the consideration of this Agreement, Licensee expressly waives all right, claim or cause of action which Licensee, its successors and assigns, may now or hereafter have against NSP, its successors or assigns, occasioned by or arising from any interference with radio, television, electronic, computer, cathode ray tube, photographic, or other types of electronic or related equipment affected in any manner by electrical or magnetic fields, or any other communication transmission or reception in or upon any portion of the Easement Property or in or upon any portion of said building or any injury, illness or adverse health effects whatsoever caused or occasioned in any manner by the presence, or operation of electric transmission lines and related facilities in and upon the Easement Property. I3. If, for any reason, Licensee shall not keep and perform any and all of the covenants and agreements contained herein, and should Licensee fail to correct the condition violated within thirty (30) days after receiving written notice to do so from NSP, the right of encroach- 0JF021588PJN01 PAGE 5 of 9 ment granted herein shall thereafter automatically terminate without further act by NSP and Licensee shall surrender the Encroachment Area to NSP in substantially its original condition, provided, however, in the case of a condition violated which cannot be cured, with due diligence, within said thirty (30) day period, NSP, upon written application from Licensee within twenty (20) days of NSP's notice, shall grant Licensee such additional time to correct the condition as may be reasonably necessary. Such corrections shall not require removal of the Fire Station building to return the property substantially to its original condition. 14. Should any mortgagee of any mortgage or the beneficiary of any deed of trust or any contract for deed vendor or any financial institu- tion providing financing to Licensee, or its successors or assigns, covering or affecting the Encroachment Area furnish NSP with a duplicate original or certified copy of the instrument encumbering said parcel, then so lnng as such encumbrance shall continue in force, NSP shall thereafter deliver to such mortgagee, beneficiary, contract vendor or financial institution at the time as such notice is given to Licensee, a duplicate copy of any notice of default which NSP may from time to time serve upon Licensee pursuant to the provisions of this Agreement. Said mortgagee, beneficiary, contract vendor or financial institution shall advise NSP in writing of its proper mailing address and any change thereof. Anything herein to the contrary notwith- standing, the encroachment rights granted herein shall not terminate as set forth herein, if such mortgagee (which shall mean as well any beneficiary of any deed of trust, contract vendor, or such financial insti- tution) shall, within thirty (30) days of receipt of the written notice of default required to be given by NSP to such mortgagee as provided in this paragraph 13, either: (i) file an action in the appropriate court of law having jurisdiction over such matters requesting such court to order any person, firm or corporation in violation of this Agreement to comply with the terms, provisions and restrictions of this Agreement; provided, nevertheless, that this Agreement shall terminate upon the expiration of twenty (20) days from the receipt of NSP's written notice to such mortgagee of nondiligence in prose- cuting such action if such mortgagee fails to either cure said default or present evidence to NSP that it is diligently pursuing prose- cution of such action within said twenty (20) day period. Mortgagee shall be deemed to be diligently pursuing such action if mortgagee has commenced, and is diligently pursuing, DJF021588PJH01 PAGE 6 of 9 (lid an action to foreclose its mortgage if it is necessary to conclude such foreclosure in order to obtain an order of the court permitting it to legally remedy such default and if mortgagee also pursues all other reasonable efforts to cure said default including injunctive and/or specific performance relief through said court. If the time period given to Licensee to effect 111 such cure as provided in paragraph I2 of this Agreement is greater than thirty (30) days, said mortgagee shall have such greater period of time to cure or cause to be cured such violation., or (ii) cures or causes to be cured the violation of the Agreement as set forth in said notice given by NSP to such mortgagee. I5. Any implied or unwritten consent of NSP in any instance to any variation of the terms or conditions of this Agreement shall not be deemed a waiver ?s to any breach of covenant or condition herein contained nor shall any waiver or modification be claimed as to any provision of this Agreement unless the same shall be endorsed hereon by NSP. Failure of NSP to insist upon the strict performance of the terms, covenants, agreements and conditions contained herein, or any of them, shall not constitute or be construed as a waiver or relinquishment of NSP's right to thereafter enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. 16. Licensee further agrees to reimburse NSP for all costs, including attorneys' fee, incurred by NSP and arising out of any failure by Licensee to keep and perform any and all of the covenants and agree- ments contained herein. 17. It is agreed that the provisions and conditions of this Agree- ment shall bind and inure to the benefit of the heirs, legal representa- tives, successors in interest and assigns of the respective parties hereto, and that these conditions and covenants shall specifically be deemed to run with the land known as Owned Premises, as well. 18. All notices, demands and other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered to have been duly given or served if sent by first- class certified or registered mail, return receipt requested, postage prepaid, to the party at its address set forth below or if to a mortgagee, to the address as provided by such mortgagee as provided in paragraph 13 of this Agreement, or to such other address as such party may hereafter designate by written notice to the other party. DJF0215881,JHO1 PAGE 7 of 9 a e� ruwer uompany 414 Nicollet Mall Minneapolis, Minnesota 55401 Attention: Administrator, Real Estate If to Licensee, to: City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Attention: City Manager 19. Within fifteen (15) days after request by Licensee, NSP agrees to deliver to Licensee or to any other person or entity identified by Licensee a certificate certifying (if such be the case) that this Agreement is in full force and effect and that there are no violations of the terms and conditions hereof by Licensee or stating those claimed by NSP. 20. This License in no way relinquishes or modifies N5P's rights as granted in the aforementioned easement, except as set forth herein, including rights-of-way over and across Easement Property for the purposes of surveying for, constructing, operating and maintaining an electric transmission and distribution system consisting of transmission and distri- bution lines and associated facilities for the transmission and distribution of electrical energy and for the purposes of repairing, replacing, patroll- ing, improving and rebuilding the same with the right to trim, cut o' remove all trees or branches of trees now or hereafter which may overhang Easement Property and with the further right to remove from Easement Property any structure (with the exception of the building herein involved), or other object (except fences) which, in the opinion of NSP, will interfere with said system. 21. N5P hereby acknowledges and agrees that the Licensee presently possesses and shall continue to have the perpetual and irrevocable right and license to use all of the Easement Property described herein for the movement and parking of vehicles, sidewalks, curbs, parking and driveway areas, landscaping (except trees) and placement of underground utility lines (the "Licensed Uses"), save and except that portion thereof physically occupied by the N5P structure (or structures) and any related facilities as the same may, from time to time, be relocated, rebuilt or remodeled by NSP, and to the extent NSP's use is not interfered with in the exercise of its rights, and provided further that all NSP structures and related facilities shall, in a manner approved by NSP, be protected from any vehicular traffic or parking. DJF021588pJHD1 PAGE 8 of 9 11., and is intended to be governed by the laws of said State. 23. The unenforceability or invalidity of any provisions hereof shall not render any other provision or provisions herein contained unenforceable or invalid. IN WITNESS WHEREOF, NSP and Licensee have caused this Agreement to be executed as of the day and year first above written. NORTHERN STATES POWER COMPANY By Its Vice President And Its Assistant Secretary CITY OF EDEN PRAIRIE By And STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1988, by A W Benkusky, Vice President and Johanna Isdahl, its Assistant Secretary of NORTHERN STATES POWER COMPANY, a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1988, by its and its of a on behalf of the • Notary Public THIS INSTRUMENT WAS DRAFTED BY: Northern States Power Company 414 Nicollet Mail Minneapolis, Minnesota 55401 DJF0215$8PJH01 ( / PAGE 9 of 9 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-84 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructed in Starwood Addition requires a connection to the Metropolitan Waste Control Commisssion (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The City Engineer is hereby authorized and directed to submit'an application for "Permit for Connection to or Use of Commission Facilities" to the Metropolitan Waste Control Commission. ADOPTED by the Eden Prairie City Council on May 17, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk MEMORANDUM I TO: City Council FROM: Kate Karnas, Planning Assistant THROUGH: Chris Enger, Director of Planning DATE: May 12, 1988 SUBJECT: Faith Church of the Nazarene 2nd Reading of Drdinance and Developer's Agreement Approximately one year ago, the City Council reviewed this proposed development and, following the public hearing, directed Staff to prepare a developer's agreement and to proceed with second reading of the ordinance rezoning the property. The agreement was sent to representatives of the church in June, 1987. Since that time, Staff has not heard from the church as to their desire to proceed with development of the property. We read in the Eden Prairie News, however,-that the church had purchased another property, the former Crosstown Baptist Church, and that this would be their new home. A letter was sent on February 18, 1988, inquiring as to the status of the development in Eden Prairie. No response was received; therefore, a certified letter was sent on April 27, 1988, informing the church representatives that it was the intention of the City to schedule a denial of the second reading of the ordinance rezoning the property for the May 17, 1988, Council agenda, unless we heard from them. We have not had any response. Based on this, Staff is recommending that the Council adopt the resolution denying second reading of the ordinance, the preliminary plat, and Comprehensive Guide Plan Amendment requests for the property. Faith Church of the Nazarene CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-78 A RESOLUTION DENYING SECOND REAOING OF ORDINANCE #23-87 FOR THE PROPOSED FAITH CHURCH OF THE NAZARENE DEVELOPMENT WHEREAS, Ordinance No. 23-87, authorizing first reading of a rezoning of property for the proposed Faith Church of the Nazarene development, did receive first reading by the City Council at a regular meeting on May 19, 1987; and; WHEREAS, proponents for the development of Faith Church of the Nazarene has not, since that date, completed the necessary steps for finalizing the development as was reviewed by the City at the time of first reading; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that second reading of Ordinance #23-87 is hereby denied and that the attendant requests for Comprehensive Guide Plan Amendment and Preliminary Plat of the Faith Church of the Nazarene are also hereby denied. ADOPTED by the City Council on May 17, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OFFICES/7600 EXECUTIVE DRIVE/EDEN PRAIRIE.MN 55344-3677/TELEPHONE(612)937-2262 It rv=°": iairile April 27, 1988 Reverend David Frisbee Faith Church of the Nazarene P.D. Box 444237 Eden Prairie, MN 55344 Dear Reverend Frisbee: In the letter dated February 18, 1988, the City inquired as to the current status of the developer's agreement for the Faith Church of the Nazarene. Since we have not heard from you since then, we assume that the church does not have a problem with the City Council taking a negative action on the 2nd Reading and denying the rezoning for the property. This action has been scheduled for the May 17, 1988, City Council meeting. Sincerely, 0 ..- Michael D. Franzen Senior Planner cc: Chris Enger, Director of Planning Kate Karnas, Administrative Assistant MDF/mhs PO CITY OFFICES/7600 EXECUTIVE ORIVE/EOEN PRAIRIE. MN 55344 3677/TELEPHONE(6121 937-2262 .. l)-- (11 ; February 18, 1988 Reverend David Frisbee Faith Church of the Nazarene P.O. Box 444237 Eden Prairie, MN 55344 Dear Reverend Frisbee: Last June, the City prepared and sent to you a Developer's Agreement for the Faith Church of the Nazarene. It is current City policy that the Developer's Agreement must be approved within six months of the preliminary approval of the rezoning. If not, the Council may take a negative action on the second reading and deny the rezoning for the property. The six-month period elapsed the first of January. Could you please let us know what the current status of the church is so that we may inform the City Council and keep our files current. Sincerely yours, Michael D. Franzen Senior Planner MDF/mhs 1 • MEMO TO: City Council FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 12, 1988 RE: ALPINE ESTATES 2ND ADDITION DEVELOPER'S AGREEMENT At the March 14, 1988, Planning Commission meeting, and the April 5, 1988, City Council meeting, concern was raised regarding truck traffic and school bus pick-up zones for children in the area. Because of the concern for safety, Staff was directed to gather information regarding the times for pick- up and drop-off. According to Don Spainhower, Coordinator of the Transportation Department for the Eden Prairie Schools, all pick-up would be completed Based upon citizenmconcerns drop-off Commission, commence Counciluntil direction,30Staff developed restrictions to limit truck traffic in the area during this time as follows: Hauling operations shall be limited to the following time periods: 1. During school hours, while children are not likely to be playing outdoors. 2. After the time of school bus pickups (8:30 a.m.) for the neighborhood, in the morning hours, and before the time of school bus dropoffs of small children for the neighborhood, in the afternoon (3:30 p.m.). The developer has indicated that this time restriction is severely limiting and unreasonable and has requested that it be removed from the developer's restricitions as which Staff has done. If the City proposed are reasonable and should beoiincludedncil eass part aof the developer's agreement, the 2nd Reading of this item shall be continued until all necessary signatures are obtained. is Alpine Estates 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-88 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 R1-22 District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the RI-22 District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, 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 May 17, 1988, entered into between Red Rock Heights Partnership, a Minnesota partnership, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of April, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of May, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of • Exhibit A Legal Description Outlot 2, except that part of the Southwesterly 53.25 feet lying Northwesterly of the Northeasterly extension of the southeasterly line of Lot 5, Block 1, ALPINE ESTATES, Hennepin County, Minnesota. Alpine Estates 2nd Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by Red Rock Heights Partnership, a Minnesota partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" W]TNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from the R1-22 District to the R1-13.5 District and preliminary plat of 8.36 acres for development of 16 single family lots, 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 #6-88, 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 30, 1988, reviewed and approved by the City Council on April 5, 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 release by the City of the final plat for the property, Developer agrees to submit to the City Engineer, and to obtain the City Engineer's approval of permanent easements for the cul-de-sac and sanitary sewer line extension, both as depicted on Exhibit 8, attached hereto. 4. 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. 5. Prior to issuance of a building permit for Lot 5, 6, or 7, Block 1, on the property, as depicted in Exhibit B, attached hereto, Developer agrees to submit to the Building Department, and to obtain the Building Department's approval of detailed plans for the retaining walls indicated on the grading plan for said lots on Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Upon approval by the Building Department, Developer agrees to construct said retaining wall improvements as stated above, as approved by the Building Department, in accordance with the terms and conditions of Exhibit C, attached hereto. 6. Developer acknowledges that the construction traffic resulting from the importation of the fill for the property will be routed through the existing neighborhood and that such traffic may be disruptive and a potential safety hazard. In order to mitigate the situation, Developer agrees as follows: A. The maximum speed of construction hauling vehicles (empty, or full) shall be twenty (2D) miles per hour. B. Hauling operations shall not be phased, but, once commenced, shall continue until such time as all importation of fill is completed for the property. 7. Developer acknowledges that the amount of fill necessary for the development of the property will possibly cause unusual wear and tear on Hillcrest Lane and Alpine Trail, the designated construction route for the property. While it is not the intent of City to require Developer to provide completely new streets for Hillcrest Lane and Alpine Trail, City will require that Developer restore said streets to the condition that exists prior to importation of the fill for the property. Therefore, prior to issuance by City of any permit for land alteration upon the property, Developer agrees as follows: A. Developer shall hire and pay for a consultant to perform road rating of Hillcrest Lane and Alpine Trail. The consultant chosen shall provide at least the following information: 1) The existing strength of the bituminous and granular materials in said streets. 2) An estimate of the amount of wear and tear that will take place because of the importation of the fill for the property. 3) Recommendations as to steps necessary to evaluate the amount and type of road deterioration and the steps necessary to return said roads to the conditions existing prior to importation of the fill for the property, including an estimated cost for said restoration. B. Developer shall submit the report of such consultant to the City for review and obtain the City's approval of said report and the recommendations therein. Developer agrees to implement the recommendations of said report, as approved by the City. C. Developer shall submit to the City Engineer, and obtain the City Engineer's approval of a bond for 125% of the cost of the restoration for said roads to the conditions existing prior to importation of fill on the property, as approved by City based on the report and recommendations of the study prepared as part of item #7.A.3)., above. 8. Prior to any issuance of any permit for grading on the property, Developers agree to submit to the Building Department and obtain the Building Department's approval of plans for demolition and/or removal of existing wells and septic systems on the property. Prior to demolition or removal, Developers shall provide to the City a certified check in the amount of $1,000.00 to guarantee the restoration of the property to grade. City agrees to return said certified check to Developers after the demolition or removal on the property is completed and after it is verified by City that the wells, and/or septic systems have been properly removed or demolished, and that the property has been restored to grade. 9. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 10. Prior to issuance of any permit for grading upon the property, 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. Said measures shall include, but not be limited to, the following procedures: A. Developer shall call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. B. Defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior 11 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. C. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place erosion control fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. 11. Developer has submitted to the City a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than three inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a area inch per area inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree reforestation plan is required, Developer agrees that, prior to issuance of any building permit, Developer will submit a bond, or letter of credit, guaranteeing completion of all tree reforestation work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 15D% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree reforestation work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 12. Concurrent with utility and street construction on the property, Developer agrees to provide connection to public sanitary sewer and watermain within Alpine Trail to the existing house on Lot B, Block 1, as depicted in Exhibit B, attached hereto. 13. Developer acknowledges that no development shall be allowed to occur on any lots on the property until sanitary sewer service is available to said lot(s). 1 Alpine Estates 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-79 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 6-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, meeting of the City yrCouncil ofothe City. 6-B8 aofs a Eden ePrairierdond an oeredthebl17thd dayat s reular ofg May, 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 6-88, 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. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 6-88 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on May 17, 19B8. Gary D. Peterson, Mayor ATTEST: John D. Fr ,City Clerk Alpine Estates 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE ND. 6-88 AN ORDINANCE OF THE CITY DF 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: Summary: This Ordinance allows rezoning of land located south of Chicago, Milwaukee, St. Paul & Pacific Railroad, east of Alpine Trail from the R1-22 District to the RI-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Orainance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. 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.) gl0 Sears Garden Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-88-PUD-4-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #213, 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 Ordinance #213 be amended by adding the following: "Section 2. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 17, 1988, entered into between Sears and Roebuck Company and the City of Eden Prairie (hereinafter "Developer's Agreement") The Developer's Agreement and Supplement contain the terms and conditions of PUD 4- B8-C-Regional, and are hereby made a part hereof. Section 3. The City Council hereby makes the following findings: A. PUD 4-88-C-Regional is not in conflict with the goals of the Guide Plan of the City. B. PUD 5-88-C-Regional is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, that are contained in PUD 4-88-C-Regional, are justified by the design of the development described therein. D. PUD 4-88-C-Regional is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 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. 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 of on City Council read c)J1 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of May, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of May, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description PUD Amendment and PUD District Review Lots 2, 3, and 4, Block 1, Eden Prairie Center Addition; And, Lot 1, Block 1, Eden Prairie Center 4th Addition, all in Hennepin County, Minnesota. • • `1)U') Sears Garden Store 11 PUD-DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by Sears and Roebuck Company, , hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment to the overall Eden Prairie Center Planned Unit Development of 87.75 acres and Planned Unit Development District Review within the C-Regional Zoning District on 87.75 acres, with variance for exterior building materials, for the construction of a 1,000 sq. ft. seasonal temporary structure for an outside garden center to be known as Sears Garden Store, 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 #18-88-PUD- 4-88, 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 11, 1988. reviewed and approved by the City Council on May 3, 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 of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for 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. 4. Developer and City acknowledge that this is a unique use of the property and, therefore, jointly agree that the use shall operate under the following conditions: A. The temporary use shall be for retail sales of garden supplies, only. B. The garden store shall be allowed to operate only between the dates of April 1st and July 31st of each calendar year. Between August 1st of any year and March 31st of the following year, all structures, materials, and related appurtenances for the garden store shall be removed from the property. C. All mechanical equipment, i.e. electrical, water, etc., shall be contained within the designated 8.000 sq. ft. area of the property as depicted in Exhibit B, attached hereto. No wires, or hoses, shall be permitted to cross a drive aisle, nor shall any wires, or hoses, be supported overhead. D. No signs shall be permitted for the use. E. The chain link fence depicted in Exhibit B, attached hereto, shall be for the garden store use, only, and shall not be erected prior to April 1st of each calendar year, and shall removed by July 31st of each calendar year. F. Each year, prior to erection of the structure, Developer agrees that the anchoring system for the temporary structure shall be reviewed by the Building Department for compliance with State Building Codes. G. As part of the Planned Unit Development District Review for the property, City hereby grants a variance for exterior building materials for the temporary structure and allows the materials depicted in Exhibit B, attached hereto, to be implemented for the use. H. At the time of construction of the fourth major department store on the property, the number of parking stalls for the property shall be re-evaluated for compliance with City Code requirements. Should the number of parking stalls available not meet City Code requirements, the garden store use shall be discontinued. j�J VILLAGE OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 213 AN ORDINANCE AMENDING ORDINANCE NO. 135 RECLASSIFYING 87.75 ACRES OF THE TOTAL HOMART SITE OF APPROXIMATELY 117 ACRES TO C-REGIONAL COMMERCIAL The Council of the Village of Eden Prairie does ordain as follows: Section 1. Appendix A of Ordinance No. 135 is amended by adding to Section 14, Township 116, Range 22 as follows: All of Lots l4, 15, and that part of Lot 13, Auditor's Subdivision Number 335, and that part of the south half of Section 14, Township 116, Range 22, Hennepin County, Minnesota, described as follows: commencing at the northeast corner of said Section 14; thence on an assumed bearing of S 01° - 14' - 12" W, along the east line of the Northeast Quarter of said Section 14, a distance of 1609.67 feet to the southerly right-of-way line of West 78th Street; thence S 82° - 33' - 39" W, along said southerly right-of-way line, a distance of 143.32 feet; thence N 7° - 26' - 21" W, along said southerly right-of-way line, a distance of 15.00 feet; thence S 82° - 33' - 39" W, along said southerly right-of-way line, a distance of 196.41 feet; thence S 13° - 13' - 09" W, a distance of 321.97 feet; thence along a tangential curve, concave to the east, having a radius of 636.62 feet and a central angle of 20° - 58' - 52", a distance of 233.12 feet; thence S 7° - 45' - 48" E, tangent to the last described curve, a distance of 70.00 feet to the point of beginning of the land to be described; thence continue S 7° - 45' - 48" E, a distance of 196.27 feet; thence along a tangential curve, concave to the west, having a radius of 1196.00 feet and a central angle of 38° - 26' - 38", a distance of 768.93 feet; thenee S 30° - 40' - 50" W, 'tangent to the last described curve, a distance of 515.80 feet; thence along a tangential curve, concave to the northwest having a radius of 1146.00 feet, and a central angle of 46° - 90' - 45", a distance of 933.65 feet; thence N 14° - 38' -25"W, a distance of 80.97 feet; thence northerly along a tangential _Icl( • curve, concave to the west, having a radius of 1540.00 feet, a central angle of 4° - 12' - 15", a distance of 113.00 feet; thence N 51° - 10' - 57" W, not tangent to the last described curve, a distance of 77.26 feet; thence S 86° - 10' - 19"W, a distance of 179.56 feet; thence westerly along a tangential curve, concave to the north, having a radius of 608.00 feet, a central angle of 29° - 00' - 55", a distance of 307.90 feet/thence N 64° - 48' - 46" W, tangent to the last described curve, a distance of 52.37 feet; thence northwesterly along a tangential curve, concave to the northeast, having a radius of 608.00 feet, a central angle of 14° - 16' - 37", a distance of 151.50 feet;'thence N 87° - 56' - 16" W, not tangent to the last described curve, a distance of 79.48 feet; thence S 48° - 26' - 13"W, a distance of 29.00 feet; thence south- westerly along a tangential curve, concave to the southeast, having a radius of 460.00 feet, a central angle of 32°- 32' - 21", a distance of 261.24 feet;/thence S 15° - 53' - 52" W, tangent to the last described curve, a distance of 148.37 feet; thence westerly, along a non-tangential curve, concave to the north, having a radius of 1146.00 feet, a central angle of 4o 00' - 00", a chord bearing of N 74° - 06' - 08" W, a distance of 80.01 feet;/thence N 15° - 53' - 52" E, not tangent to the last described curve, a distance of 148.37 feet/thence northeasterly along a tangential curve, concave to the southeast, having a radius of 540.00 feet, a central angle of 32°- 32' - 21", a distance of 306.67 feet;/thence N 48° - 26' - 13" E, tangent to the last described curve, a distance of 29.00 feet; thence N 6° - 58' - 06" E, a distance of 74.88 feet; thence N35°-38'- 27" W, a distance of 29.48 feet;/thence northwesterly, along a tangential curve, concave to the northeast, having a radius of 641.00 feet, a central angle of 27° - 22' - 32", a distance of 306.27 feet; thence N 8° - 15' - 55"W, tangent to the last described curve, a distance of 115.62 feet; thence northerly, along a tangential curve, concave to the east, having a radius of 591.00 feet, a central angle of 23° - 16' - 02", a distance of 240.00 feet; thence N 22° - 49' - 25" W, not tangent to the last described curve, a distance of 79.77 feet;-thence northwesterly, along a non-tangential curve, concave to the northeast, having a radius of 440.00 feet, a central angle of 11° - 58' - 48", a chord bearing of N 540 - 52' - 19" W, a distance of 92.00 feet; thence N 48° - 52' - 55" W, tangent to the last described curve, a distance of 79.88 feet to the centerline of Highway#169; thence northeasterly, along the centerline of Highway#169 and West 78th Street, along a non-tangential curve, concave to the southeast, having a radius of 3819.72 feet, a central angle of 0 3 - 31' - 30", a chord bearing of N 42° - 17' - 22" E, a distance of 235.00 feet; thence N 44° - 03' -07" E, tangent to the last described curve, a distance of 684.27 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a radius of 1432.39 feet, a central angle of 38° - 30' - 32", a distance of 962.72 feet; thence N 82° - 33' - 39" E, tangent to the last described curve, a distance of 202.00 feet; thence S 7° - 26' - 21" E, a distance of 50.00 feet; thence southerly, along a tangential curve, concave to the west, having a radius of 409.79 feet, a central angle of 19° - 28' - 39", a distance of 139.31 feet; thence S 29°-11'-55" E, not tangent to the last described curve, a distance of 74.65 feet; thence southeasterly, along a non-tangential curve, concave to the southwest, having a radius of 568.00 feet, acentral angle of 11° - 11' - 30", a chord bearing of S 620 - 49' - 21" E, a distance of 110.95 feet; thence S 570 - 13' - 36" E, tangent to the last described curve, a distance of 67.98 feet; thence southeasterly, along a tan- gential curve, concave to the southwest, having a radius of 418.00 feet, a central angle of 390 - 15' - 31", a distance of 286.41 feet/thence S 60° - 14' - 26" E, not tangent to the last described curve, a distance of 71.26 feet;'thence easterly, along a non-tangential curve, concave to the south, having a radius of 1238.49 feet, a central angle of 6° - 33' - 37", a chord bearing of N 78° - 57' - 23" E, a distance of 141.81 feet; thence N 82° - 14' - 12" E, tangent to the last described curve, a distance of 60.00 feet; to the point of beginning. containing 87.750 acaes. The first reading was held at a regular meeting of the Council of the Village of Eden Prairie, this 27th day of February, 1973, and finally read, adopted and ordered published at a regular meeting of the Council of said Village on the 26th day of June, 1973. Paul R. Redpath, May r ATTE T: SEAL 1 Jo D. Frane, Clerk c go Sears Garden Center CITY OF EDEN PRAIRIE HENNEPIN CDUNTY, MINNESOTA RESOLUTION NO. 88-80 A RESOLUTIDN APPROVING THE SUMMARY OF ORDINANCE 18-88-PUD-4-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 18-88-PUD-4-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of May, 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 18-88-PUD-4-88, 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. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 18-88-PUD-4-88 shall be recorded in the ordinance ' book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on May 17, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Sears Garden Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-88-PUD-4-88 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: Summary: This Ordinance allows rezoning of land located east of Highway #169, north of Prairie Center Drive, within the C-Regional 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 D. 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.) &no I - MEMORANDUM - TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: May 11, 1988 RE: Grading Permit Application For 17249 Valley Road Mr. Charles Webber, owner of the property located at 17249 Valley Road, has requested approval of a permit for grading adjacent to the newly remodeled home at this address. The grading will consist of adding fill adjacent to the southeast and northeast sides of the home. The area proposed to be graded is shown on the attached drawing. The applicant estimates approximately 400 cubic yards of material will be imported to accomplish the proposed grading. There are no significant trees involved in the area that is proposed to be graded. This proposed grading will not interfere with drainage from adjacent properties. Approval of the grading permit is recommended subject to the following conditions: 1. The graded area shall be substantially shaped and graded at the earliest date permitted by soil and weather conditions. 2. The graded area shall be finished and restored with topsoil and sod prior to July 1, 1988. JJ:ss aii MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources DATE: May 2, 1988 SUBJECT: Construction Change Authorization Enclosed is a copy of a request for construction change authorization for the first phase partial repair to the Eden Prairie Community Center. The request is for repair of the air handling unit for the racquetball court. Upon inspection of the air handling unit, it was determined that court #1 was getting 100% of the air specified, but courts #2 & #3 were only getting approximately 50% of the air specified. After further inspection of the design of the air handling unit, it has been determined that the design should provide sufficient air to all three courts and no one is sure exactly why there is a deficiency. This authorization would allow the contractor to check the ductwork for obstructions to the air flow, replace sheaves and/or the motor as required for the air handling unit to deliver the proper amount of air flow, and to adjust and balance the diffusers to deliver the proper amount to each racquetball court as specified. It is important to have the proper amount of air flow on the walls in order to keep the walls dry from built up humidity that occurs during court usage. The estimated amount for this change is $1,200, which would be added to the existing contract. BL:mdd g12 CONSTRUCTION CHANGE Owner 0 AUTHORIZATION Architect 0 r Consultant 0 II Contractor 0 Field 0 AIA DOCUMENT G713(Instructions on reverse side) Other 0 PROJECT: Partial Repairs to Eden CONSTRUCTION CHANGE 1 (name,address)Prairie Community Center, AUTHORIZATION NO: Eden Prairie, Minnesota OWNER: City of Eden Prairie DATE OF ISSUANCE: April 27, 1988 TO: C. F. Haglin and Sons Co. ARCHITECT: Setter, Leach & Lindstrom, Inc. (Contractor) 4005 West 65th Street 1011 Nicollet Mall Edina, MN 55435 Minneapolis, MN 55403 CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO: 1848.002.04-1 In order to expedite the Work and avoid or minimize delays in the Work which may affect Contract Sum or Contract Time, the Contract Documents are hereby amended as described below. Proceed with this Work promptly. Submit final costs for Work involved and change in Contract Time (if any), for inclusion in a subsequent Change Order. Description: 1. Refer to racquetball court air handling unit S-7. In order to complete the balancing of the air handling system provide the following: (Continued on Page 2) Attachments: (live'risen Ikrmg of documents hippo drunpoon) None The following is based on information provided by the Contractor: Method of Determining Change in the Contract Sum: Lump Sum (lump sum,unit prices,cost plus fee or other) 0 Fixed 1 DI Fixed Change in Contract Sum Change in Contract Time Ll Estimated of S 1200.00 ❑ Estimated of None Maximum, ❑ Maximum days tt ., L_: ,indst'a _ Cif_of Eden Prairie_ C. F Haglin_and Sons Co. UEfp: I HORIZED. CONFIRMED. Architect Owner Date Contractor Date MA DOCUMENT G713 • CONSTRUCTION CHANGE AUTHi)R IZATI ON • MARCH 1979 EDITION • AIAe 01979• 111E AMIRICAN IN5TITUIE OF ARCHITECTS,173S NEW YORK AVE,N W.,WASHINGTON,D.C.20006 G713-1979 Construction Change Athorization No. 1 Comn. No. 1848.002.04-1 Page 2 A. By removing the supply air grilles and cutting an opening in the supply air ductwork prior to entering the ceiling above court No. 1 check the ductwork for any obstruction that may be restricting air flow and increasing system pressure drop. Review with Architect and close ductwork opening with access panel. B. Replace sheaves and/or motor as required for air handling unit S-7 to deliver 3000 CFM. C. Adjust and balance diffusers to deliver 1000 CFM into each racquetball court as previously specified. giq PS09079-01 leresl MINNESOTA DEPARTMENT OF PUBLIC SAFETY PHONE 612-29e-6159 LIQUOR CONTROL DIVISION 333 SIBLEY • ST.PAUL,MN 55101 t` APPLICATION AND PERMIT FOR A 1 to 3 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED NO.OF MEMBERS TAX EXEMPT NUMBER Eden Prairie Lions Club 1/25/61 102 -- STREET ADDRESS CITY STATE ZIP CODE 9980 Dell Road Eden Prairie MN 55344 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE Burdell R. Wessels ( 612)937-8942 (612 )934-1762 DATES LIQUOR WILL BE SOLD?(1 TO 3 DAYS) DOES ORGANIZATION HAVE A CHARTER GENERAL PURPOSE OF ORGANIZATION 6/3, 6/4 6/s/88 RI Yes ❑No Community Service ORGANIZATION OFFICER'S NAME ADDRESS Bob Heilend, President 11610 Vista Drive, Minnetonka, MN 55343 ORGANIZATION OFFICER'S NAME ADDRESS Gary Simenson, 1st Vice President 7267 Gerard Drive, Eden Prairie, MN 55344 ORGANIZATION OFFICER'S NAME ADDRESS Jim Jordan, Treasurer 16210 Westgate Lane, Eden Prairie, MN 55344 Location where license will be used.If an outdoor area,describe. Eden Prairie Community Center parking lot and Round Lake Park _ from headquarters tent and satellite concession trailers. Located Valley View Road q 3nd County Road 4. Eden Prairie, Minnesota. Will the applicant contract for intoxicating liquor services?If so,give the name and address of the Liquor licensee providing the services. No Will the applicant carry liquor liability insurance?If so,the carrier's name and amount of coverage. (Note:Insurance is not mandatory) Yes - Transcontinenta3__nsurance Company, Policy NCCP1804158 $500,000 Limit APPROVAL CITY OF EDEN PRAIRIE DATE APPROVED /b ,. CITY FEE AMOUNT NONF LICENSE DATES I• DATE FEE PAID - 41111 ✓i! i/, aprz,Los SR ' •s '!RECTOR 6-4-88 GNATU CITY CLERK NOTE: Do not separate these two parts,send both parts to the address above and the original signed by this division will be returned as the license.Submit to the City Clerk at least 30 days before the event. -1 I c - MEMORANDUM - TO: Mayor and City Council FROM: Jeffrey Johnson c7,1v) Engineering Technician THROUGH: Alan D. Gray, P.E. City Engineer DATE: May 10, 1988 RE: Grading Permit for MTC Park and Ride Metropolitan Transit Commission has submitted an application for a grading permit to construct a Park and Ride facility at the southwest corner of Shady Oak Road and Flying Cloud Drive. The site lies within the right-of-way for U.S. Highway 169. The proposal consists of site grading, installation of parking facilities for 70 cars, a bus shelter, and driveway facilities to accomodate bus traffic. Please refer to attached plans. Recommend City Council approval of the Metropolitan Transit Commission's request for grading permit to construct a Park and Ride facility. JJ:ss Attachments 4 - MEMORANDUM - TO: Mayor and City Council FROM: Jeffrey Johnson Engineering Technician(� THROUGH: Alan D. Gray, P.E. City Engineer DATE: May 10, 1988 RE: Grading Permit for Bus Garage Parking Lot Eden Prairie Schools has requested City Council approval of a request for grading permit for parking lot expansion at their bus garage facility located East of County Road 4 and North of Scenic Heights Road. The school intends to add an additional 69 parking stalls to the East of the bus garage. This area has been used as a borrow site to obtain more suitable soils for the expansion of the Middle School. The proposal consists of continued excavation of the area, installation of catch basins and drainage pipe, hard surfacing of the parking area, and restoration of all disturbed areas. All slopes will be graded to the slope of 3:1 or flatter, and restored with seed and tree transplantation. Please refer to attached plans. Recommend approval of Eden Prairie School's request for grading permit issuance subject to installation of adequate erosion control and conformance with attached plan. JJ:ss Attachment cc: Eden Prairie Schools Brauer & Associates MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources DATE: May 10, 1988 SUBJECT: Outdoor Center Reservation Rates Attached is an April 25th memo from Tom Eastman and an April 26th memo from Bob Lambert regarding background and recommendations for the Outdoor Center reservation rates. Also, attached are the minutes of the May 2, 1988 Parks, Recreation and Natural Resources Commission with their recommendation to the City Council. The members of the Parks, Recreation and Natural Resources Commission discussed at length whether or not the City should subsidize use of this building or whether all groups should be charged the cost to open, close and supervise the building during its use. The Commission recommended that, at least during the first year of operation, the City should be relatively careful on how this building is used. The building has so much potential to provide an opportunity for environmental education programs and other outdoor recreation programs that it does not make sense to fill the building with groups using it for monthly meetings. The Parks, Recreation and Natural Resources Commission recommended that all groups that are reserving the building for weekend use should pay the same fee, which would be $20/hour, with a $30 minimum charge, and $100 deposit. Eden Prairie youth service groups could reserve the building for either weekend use or on Monday nights at a cost of $25/day, plus $5/hour. This would cover the cost of a supervisor opening the building, staying at the building throughout the time the building is open, closing the building and cleaning up after the group. Tuesday, Wednesday and Thursday evenings would be reserved for community programs and, of course, the City would have first priority use of the building, with the School District second and all City organizations third. Staff requests the City Council to approve the fees as recommended by the Parks, Recreation and Natural Resources Commission. BL:mdd Li/7 MEMORANDUM TO: Parks, Recreation & Natural Resources Commission FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources DATE: April 26, 198B SUBJECT: Outdoor Center Reservation Rates City staff have previously provided information regarding the proposed use by the City and the School District of our Outdoor Center. Some of these programs include the environmental studies program proposed for the summer school this year, future outdoor education programs by the Middle School that will be located on the Northrup King property, day camp program, gun safety and hunting class programs, and other outdoor education programs offered through the City. The facility will also be used by the Seniors for Friday outings and other special events. Staff is recommending that the facility be made available for public reservation use on Saturdays and Sundays, and have recommended the following Outdoor Center rental policy: 1. Rental Hours - Saturday and Sunday - 6 a.m.-10 p.m. dr 2. Alcohol - beer and wine are allowed only, no beer kegs allowed inside the building. 3. Reservations - reservations will be made by calling the Eden Prairie Community Center - 937-8727. Only one reservation per group is allowed at a time. Reservations for use of the facility during the current year cannot be made prior to January 2nd of the current year. 4. Total of Users - October through March - 50 maximum April through September - 75 5. Rental Rates: . Eden Prairie Community Service Organizations - $25/day . Eden Prairie non-profit special interest groups - $25/day, plus $5 per hour. $50 deposit required. . Private groups, businesses, families, etc. (individuals must reside in Eden Prairie, businesses reserving must be Eden Prairie businesses, private groups must be Eden Prairie based groups) - $20/hour with a $30 minimum charge, $100 damage deposit required and $150 maximum fee. . All deposits are returned after the building has been inspected by qualified City staff persons. All users are requested to cleanup after themselves. Any extraordinary cleanup costs will be subtracted from the damage deposit. LIjLi The rationale for the various fees is based on the desire to offer the use of this facility as inexpensively as possible to all Eden Prairie residents, service groups, and special interest groups. City staff suggest that Eden Prairie Service groups and non-profit special interest groups should be able to use the facility for merely the direct staffing costs; whereas, private groups, businesses, families, etc. should perhaps not only pay for the direct cost of staffing the facility, but also fees should cover some of the cost for operating the building, and paying for heat, light, utilities, etc. The City presently pays park attendants $25 to do the following: 1. Open the building for the group, turn on lights, check the heat, and inspect the building for cleanliness. 2. Return when the groups is finished using the building, check for damages, do basic cleaning such as straightening furniture, cleaning the restrooms, mopping up spills, etc. City staff believe that community service groups such as the Lions and Lioness Clubs, Rotary Club, Jaycees, Optimists, Eden Prairie Women of Today, Chamber of Commerce and PROP would fall under the category of community service groups and would be charged $25 for usage. The major purpose of these groups is to provide service to the community. They are responsible citizens who would be easily contacted for repair of any damages that might occur to the building during their use, and it is certain they would be willing to correct any problems caused by their group; therefore, staff would feel comfortable with opening the building for their use without requiring a damage ( deposit or without leaving a staff person on the premises. Eden Prairie non-profit special interest groups in many cases are very similar to the community service organizations in that many of the groups that might be listed under non-profit special interest groups also have the major goal of their organization to provide service to the community. An example of groups that would be considered Eden Prairie non-profit special interest groups are churches, athletic associations, Boy Scouts, Girl Scouts, Camp Fire Girls, etc. In many cases City staff would not have a concern with a damage deposit requirement or with requiring a staff person to stay on the premises when these groups are using the facility; however, these groups have many sub groups that may wish to reserve the facility under the name of the parent organization and staff is concerned that we might quickly loose control by allowing unsupervised use of the building by a large number of groups, many of which might not be that well controlled. The cost to the City to require a park attendant to open and close the building and to cleanup afterwards is $25, if we require the attendant to stay at the facility during the group use, it is an additional $5/hour. City staff are requesting the Parks, Recreation and Natural Resources Commission to recommend a policy to the City Council on which groups should fit under the various categories, as well as to recommend fees for the various rental rates. The City's staffing costs to open the facility and to provide supervision is $25 to open and close, plus $5/hour; therefore, the City's costs would be as follows: Staffing Average Daily Proposed Net Revenue Costs Operating & Fee to City Maintenance Cost 1 hour 30 17 30 -17 2 hours 35 17 40 -12 3 hours 40 17 60 3 4 hours 45 17 80 18 5 hours 50 17 100 33 6 hours 55 17 120 48 7 hours - 60 17 140 63 8 hours 65 17 15D 68 9 hours 70 17 150 63 10 hours 75 17 150 58 16 hours 105 17 150 28 The average daily cost for electrical, heat, utilities, repair and maintenance of that facility is $17 per day over a 365 day year. Staff would recommend a maximum fee of $150 per day for any group. Most weekend groups reserve the facility from around 10-11 a.m. to 8-9 p.m. The Outdoor Center is significantly different than reserving park shelters such as the Round Lake Park Building and the Staring Lake Park Shelter in that it was not designed for abusive use and the facility also has amenities not available at other park shelters such as kitchen facilities and a screened porch. 4 Hennepin County Park Reserve District has several facilities that have kitchen facilities and hold approximately 10D people. Their charge is $125 for the first three hours and $35 per hour for each additional hour for weekend reservations. Their larger facilities that accommodate 200 people has a fee of $300 for the first four hours and $75 per hour after that, unless they wish to have alcohol and entertainment at the facility, then the fee is $400 for the first four hours and $100 per hour after that. The Parks, Recreation and Natural Resources staff request the Commission to review these recommendations and recommend a policy to the City Council for public use of this municipal facility. BL:mdd I MIOBAt= TO: Bob Lambert, Director of Parks, Recreation b Natural Resources FROM: Tom Eastman, Supervisor of Operations DATE: April 25, 1988 SUBJECT: City Rental Fees for Park Facilities Questions among staff have risen lately over the policy and fees for renting Park Facilities. Questions about what types of groups fall under what fee occur all the time. This year we have added the Outdoor Center to park facility rentals. Staff feels now would be a good time to reevaluate the park facility rental policy and fees and include with them Community Center Meeting Rooms. Listed below is the present policy for the different types of facilities. PARR FACILITIES_WPSERVATION POLICY PICNIC PACTT.TTTF� 1. Reservations are limited to Eden Prairie families/friends, schools, businesses/commies, churches, and non-profit organizations. ir 2. Ballfields, tennis courts, volleyball rseshoe courts, basketball courts are not reserved, with the exception of�Round Lake Park where there is one ballfield included with the picnic reservation. 3. No food or beverage may be sold without permission of the Director of Community Services. 4. No tent or other structure may be set up without permission of the Director of Community Services. 5. Permit holder is responsible for all trash pickup and any damage to public property. 8. Beer and wine only are allowed in the parks. Keg beer is allowed only if you possess a Park Facility Use Permit. B()UNm) TAKE PARE Ficnin Pavilj a. The open sided area located near the tennis courts. b. Reservations are taken on Fridays, Saturdays, Sundays, and all holidays except July 4th (May thru October). c. Fee/Deposit: Pee DpDnait Eden Prairie companies/businesses $53 $50 Eden Prairie residents - families/friends $26.50 $25 (- Eiden Prairie churches $53 $50 Eden Prairie non-profit organizations: none none . Scouts . Lions . Jaycees . PROP . Optimist Club . Etc. Bpi ldinw a. One room in building with picnic area in the woods to the south. b. Reservations are taken on Fridays, Saturdays, Sundays, and all holidays except July 4th (May thru October). Fee/Deposit: BUILDING $s@ Deposit Eden Prairie companies/business $53 $50 Eden Prairie residents - families/friends $26.50 $25 Eden Prairie churches $53 $50 Eden Prairie non-profit organizations: none $25 . Scouts . Lions . Jaycees . PROP • Optimist Club . Etc. ,STARING LAK1? PARR Building a. Includes building with 1 room, patio off the building and immediate picnic area around building. b. Reservations are taken Sunday thru Saturday during the month of May during the day and evening. c. Reservations are taken Monday thru Thursday in the evening only during the month of June and July (the building is used for summer playground programs during the day). d. Fee/Deposit: F€@ Deposit Eden Prairie companies/businesses $53 $50 Eden Prairie residents - families/friends $26.50 $25 Eden Prairie churches $53 $50 Eden Prairie non-profit organizations none $25 . Scouts . Lions . Jaycees . Optimist Club PROP . Etc. F EN PRAIRTR COMMUNITY CENTRE ifMeetinc zzazu Only private profit oriented groups will be charged for use of Meeting Rooms. Room A = $10 per hour - first floor Room B = $10 per hour - first floor Room A & B = $20 per hour - first floor Room C = $15 per hour - second floor Room A is presently being used by staff for offices so it is not available to the public. Non profit oriented groups can reserve the Community Center Meeting Rooms at no charge on a first come first serve basis. STARING 1.ART; Outdoor Center: No policy or fees have been established. Staff has looked at recommending the following policy and fees. OUTDOOR CENTER RENTAL POLICIES 1. Rental Hnvr9 - Saturday and Sunday 6:00 am - 10:00 pm, remainder of days during the week are available. School and city programs have priority during the week. 2. Alcohol - Beer and wine are allowed only. No beer kegs allowed inside building. 3. Reservations - They may be made by calling the Eden Prairie Community Center at 937-8727. Only one reservation at a time is allowed. 4. Total Number of Usera: October - March 50 April - September 75 5. Rental Rom : Eden Prairie Community Services Groups - $25.00/usage. Eden Prairie Non-Profit Special Interest Groups - $25.00 + $5.00/hour and $50.00 Deposit required. Private groups, businesses, families, etc.; reserving person must live or work in Eden Prairie. $20.00/hour ($30.00 minimum) and $100.00 deposit required. All deposits are returned after building has been inspected by qualified city staff person. Rate per hour will be subtracted from deposit. All users are asked to clean up after themselves. aay UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RES. COMM. May 2, 1988 -3- VI. REPORTS OF COMMISSIONERS, BOARDS AND STAFF A. Reports of Director of Parks, Recreation & Natural Resources Refer to memo dated April 26, 1988 from Bob Lambert. Director of Parks, Recreation & Natural Resources and memo dated April 25, 1988 from Tom Eastman, Supervisor of Operations. Lambert said there are two issues involved with fees for the Outdoor Center. They are how groups should be defined between non-profit special interest groups or community service groups and how much of a fee should be charged. He is concerned with deciding which groups can use the Outdoor Center without supervision. Baker said he feels there should be one policy which applies to all groups, but that it should be at the discretion of a City official to decide who pays a damage deposit or needs supervision. Lambert said he feels this type of policy would upset lots of people, but that there should be a written policy rather than leaving each decision up to the staff persons handing out the reservation. Gail Renow of Rainbow Drive said that she is familiar with the Outdoor Center since she has taught some classes there. She did not think it should be opened to the public at all and that it should be run as a nature center. Richard asked if the liability to the City would be any different if the building was unsupervised. Lambert said he did not believe there would be a difference. Richard said he agrees that all groups should pay the same fee and be supervised and if the policy did not work out, it could be changed later on. Cook said this building is not a regular park shelter and he sees nothing wrong with charging all groups the same fee. Lambert asked the commission if they feel there would be a problem to use the facility for monthly meetings of the Boy Scouts, etc. Joyer said she recalls this subject being discussed previously. Lambert said the current policy is not to allow regularly scheduled meetings at the Outdoor Center or any other park she!ter. Baker said there is a real need for the Boy Scouts and Cub Scouts to find a place to hold their meetings. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RES. COMM. May 2, 1988 -4- Mikkelson asked what the weeknight schedule is for the Outdoor Center. Lambert said Fridays are reserved for seniors and they want to keep Monday thru Thursday night open to schedule special interest programs, etc. here. Mikkelson said that since there are still 16 open days in any given month, where is the line drawn. Bolinske said that the Boy Scouts have expressed an interest in using the Outdoor Center every Monday night for the entire year and the square dance group would like to use it twice a month. Bolinske added that the Outdoor Center will also be used for part of the school program in the summer. Shaw said he is concerned with having the building unsupervised and feels the fees for all groups should be $25 per day and $5 per hour which will cover expenses and a $100 damage deposit. This policy could be reviewed in one year. Mikkelson said he thinks Shaw's idea is very good, but what will happen to groups who exceed the maximum number of users. Richard said a statement could be added to the damage deposit form saying that the deposit will be forfeited if the group exceeds the total recommended number of users. Baker said that charging this fee will only hurt the kids because their groups cannot afford to pay it. Lambert said he doesn't think the building is designed for kids although his major concern is having wedding receptions here since they can get out of hand so easily if there is alcohol. Baker said he feels there should be a balance between youth groups and others using the Outdoor Center similar to the policy at the ice rink. Cook said he believes the minimum fee charged should at least cover expenses and certain evenings could be set aside for youth groups, etc. MOTION: Shaw moved to recommend that Outdoor Center reservation rates for all youth groups be $25 per day and $5 per hour with a $100 damage deposit and $20 per hour with a $100 damage deposit and $150 maximum fee for all other groups, that those using the building must be Eden Prairie residents, businesses or groups, that the building must be supervised at all times and that a balanced schedule be recommended by staff for both adult and youth groups. �AV UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RES. COMM. May 2, 1988 -5- On call for discussion, Cook asked that the damage deposit be referred to as a deposit only. Joyer asked if this policy would apply to the school district. Lambert said the schools would be covered under youth groups. Lambert added that the Outdoor Center will be open for reservations on Saturday and Sunday for private and business reservations and one other weekday for exclusive use by youth groups. The motion passed 6-0. 2. Cleanup Eden Prairie Project Refer to memo dated April 28, 1988 from Stu Fox, Environmental Services Manager. This is an information item only. 3. Review of Part-Time Staff Levels Refer to memo dated April 28, 1988 from Bob Lambert, Director of Community Services. The recreation staff met with the Personnel Department earlier this year to develop more consistency in pay scales for the part-time positions. MOTION: Cook moved to recommend approval of the part-time pay scales as presented. Shaw seconded the motion and it passed 6-0. 4. Adaptive Recreation Update Refer to memo dated April 25, 1988 from Sandy Werts, Recreation Supervisor. This is an information item only. An Adaptive Recreation Supervisor has been hired to coordinate the program in both Eden Prairie and Edina. A survey will be sent out to all parents of physically and mentally handicapped children to find out what their interest is. This will be an experimental program. £a� - MEMORANDUM - TO: Mayor and City Council FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: May 12, 1988 RE: Boyd Avenue Sidewalk I.C. 52-142 Attached for your review is a copy of the two petitions for this project along with a letter that I sent the property owners inviting them to the May 17th meeting. As we have discussed in the past, it only takes 35% of the adjacent property owners to sign the petition in order to make it a "valid petition". Since there are 14 properties affected by this project, approximately five (5) signatures would typically be enough to initiate the project. We received a petition with six (6) signatures requesting that the sidewalk be installed, however, we also received a petition with seven (7) signatures requesting that it not be installed. The 14th family chooses to be neutral on the subject. It is not unusual to find that certain property owners do not sign a petition and have feelings against the project. This is the first time that we have actually received a petition against a project -- especially containing more signatures than the one in favor. The particular reason that the people want a sidewalk is for a play surface for their children. As you know I have advocated this kind of installation in the past. However, this particular location will be very difficult to install the sidewalk because of the way in which driveways were constructed for a few of the homes. It is very difficult to advise you on how to proceed with this project. We don't usually discuss the project prior to initiating a feasibility study, but because of the heavy sentiment against the project it does seem appropriate that the neighborhood try to convince you of their viewpoint. The particular need in the area is fairly short term because of a high number of preschool aged children. However, when those children begin to go to school, a petition for a project such as this would certainly not be submitted. You may therefore wish to consider the majority opinion in the neighborhood. EAD:ss 4-) ,7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 88-75 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-142 - Sidewalk Improvement or Boyd Avenue and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to Minnesota Statues, Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study, and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTEd by the Eden Prairie City Council on MAY 3, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk ad\C) 1 fuz.eeo TO y-2G -aB L /i-7— CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvementn(n): (General Location) Sanitary Sewer Watermain Storm Sewer Street Paving / n )G Other Sou-r m SIDE de go)(D ,Qv�J✓� StDE4'41 +4 FaOM 700/ To 7/z5 Street Address or Other Legal Description of Names of Petitioners Property to be Servedn (Must Be Property Owners) 706 S �e �f 4, le A'yr 7O 8/ .6 o VC AU. �e 93 edy el A ll'I 4. , 7)1, ADo 4 A ( 1� :��r/;W'1Y'!ry9 "'__s.: rcv�.- a�Gei►+w +r�sslrtLG,(r Air 70/7 igjerd � T , f1a (/i-zi�n:� • t / l. L / /41' • .'7/ (For City Use) Date Received nI '1 ° -�c( Project No. - �'_ L Council Consideration �)?'3 •r L—ly2 You have recently Le..eived a petition for the installation of a sidewalk on the south side of Boyd Avenue from street addresses 7001 - 7125. In the event you may be unaware, this memo is to bring to your attention that there are a considerable number of residents (a majority, in fact) on the south side of Boyd Avenue who are not in favor of this proposal. We would ask that you take this into consideration before committing time and funds on a feasibility study. Respectfully, 1. '_f t^-a v aS`C 7e ck 3. E `Y � .�+� (Alt' 4. - .. �C' 11 i •...� !, 5. �_ �!! ; + �^�.,• f !mot tA�r- 7",,q /f:v 6. js •,; r.rrr ! rc�ti /jC 7. `�i/.L, Total families from 7001 - 7125 Boyd Avenue equals 14. One family wishes to remain neutral on this issue. May 9, 1988 Boyd Avenue Residents RE: Sidewalk Installation I.C. 52-142 Dear Property Owner: Some of you attended the May 3 Council Meeting concerning the potential special assessment project to install sidewalk in front of your home on Boyd Avenue. Because not all of the property owners were notified that it would be discussed and due to the busy agenda at the May 3 meeting, the City Council continued the topic until May 17. You are therefore invited to attend that meeting to express your opinion concerning the possible installation of the sidewalk. The time and location are as follows: Date: May 17, 1988 Time: 7:30 P.M. Address: 760D Executive Drive City Council Chambers In April, I attended a neighborhood meeting to discuss this subject and suggested that a petition with a minimum of 35% of the affected property owners signatures would suffice to take this project to the feasibility hearing stage. While it was obvious there were mixed feeling about the project, a unique thing happened - - a petition against the sidewalk installation was submitted with more signatures than the one that favored the project. Due to these circumstances, the City Council has elected to discuss it prior to preparation of the feasibility report. Although this subject will not be a public hearing, in order to promote it to the front of the meeting, the discussion will be listed as the first public hearing on the agenda and should be underway before 8:00. Since this issue has the potential of becoming very emotional, I would encourage the presenters of each of the positions to keep the comments as factual as possible. Sincerely, • Eugene A. Dietz, P•.E. Director of Public Works EAD:ss CITY DF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-83 RESDLUTION DRDERING IMPROVEMENTS AND PREPARATION DF PLANS AND SPECIFICATIONS VT* APe WHEREAS, a resolution of the City Council adopted the 444 day of-May, 1988 fixed the 17th day of May as the date for a public hearing on the following proposed improvements: I.C. 52-132 WHEREAS, ten days published notice of the Council hearing through two weekly publications of the required notice was given and the hearing was held on the 17th day of May at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designed as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with the assistance of Hanson Thorp Pellinen Olson, Inc., consulting engineers. ADOPTED by the Eden Prairie City Council on May 17, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 1 ��� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #88-85 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLOSSOM RIOGE 2N0 AOOITION FOR G. WILLIAM PEARSON BE IT RESOLVEO, by the Eden Prairie City Council as follows: That the preliminary plat of Blossom Ridge 2nd Addition for G. William Pearson, dated May 11, 1988, consisting of 6.32 acres into 14 single family lots and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. AOOPTED by the Eden Prairie City Council on the 17th day of May, 1988. Gary 0. Peterson, Mayor ATTEST: John 0. Frane, City Clerk STAFF REPORT . TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: April 22, 1988 PROJECT: Blossom Ridge 2nd Addition LOCATION: South of Blossom Road, east of Windsor Terrace APPLICANT: G. William Pearson FEE OWNERS: G. William Pearson, Stan Radke, and Paul Lawson REQUEST: 1. Zoning District Change from R1-22 to R1-13.5 on 6.32 acres. 2. Preliminary Plat of 6.32 acres into 14 single family and road right-of-way. Background [� . -_ - — This site is currently designated on �vii!rPo R = °�� ' the Eden Prairie Comprehensive Guide �,� Plan for Low Density Residential ;,.���� land uses. Surrounding designations �. �' Ir/ 1p1°� °.I �` r to the east, west, and south, are also for Low Density Residential. "�). . .� 74. r '� The property to the north, which is ---- , MII 4..4. the location of the Prairie Lutheran i -��-`I . � , - Church, has been designated for Public land use. Specific land uses iz. • ' i _ 4.� 6� in this area include the Blossom ,y: 9R1 d' Ridge 1st Addition, zoned R1-13.5 to .rh, •` PROPOSED SITE "7):JI the west; Bluestem Hills, zoned R1- � 13.5 to the south; and, large lot _ 1N`�+ 4�e y �. iI single family, zoned R1-22 to the '.•.,_ .. tit ,. proponent is requesting a ' `• " east. The .�`. tx+? Zoning District Change from eR1-22stin to ."'*. I -13.5 10784 R1-13.5 to allow for the development �La RI-13.5 S. of 14 single family lots. ''r- MOIL Iv 'Q"i., Site Plan/Preliminary Plat °gip°,T ''. "" �e{�y� ' at di MIE/, '' ..."'- The preliminary plat depicts the L •, ' �- combination of three different ° tf 1'� La� parcels of land into a developable a.,yle V rip "i- tract consisting of approximately - �„ M.. u N`° ' ° 45' ` 1IF AREA LOCATION MAP 9 Blossom Ridge 2nd Addition 2 April 22, 1988 6.32 acres. The 6.32-acre tract of land will be subdivided into 14 single family lots and road right-of-way. All of the lots meet the minimum requirements of the R1-13.5 zoning district. Lot sizes within the subdivision range from a minimum of 13,504 square feet to a maximum of 25,637 square feet. The average lot size is approximately 16,002 square feet. The two larger lots depicted on the preliminary development plans are the location of existing homes which have been included as part of the development of this property. Access to this site will be provided by the extension of Windsor Terrace with a connecting loop Street serving the southern portion of the property. Grading Elevations on this site range from a high point of 880 located adjacent Blossom Road to a low point of 846 within the center portion of the site and B42 along the southern property line. The proposed grading plan shows a cut of approximately 6 feet occuring along the high point and fill of approximately 6 feet to allow for the construction of building pads. The grading plan indicates that the majority of the site will be graded. The submitted tree inventory depicts a total of approximately 1,478 caliper inches of significant trees on this site. With the development of this project, 524 caliper inches are proposed to be removed, or 35.5%. Based upon the tree replacement policy of the City of Eden Prairie, a total of 349.5 caliper inches of trees must be replaced. A tree replacement plan must be submitted prior to the City Council meeting. Utilities Water and sanitary sewer service is available to this site through connections made in Windsor Terrace and in Blossom Road. A storm sewer system has been designed to drain in the low portion along the western property line with a series of catch basins located within Lawson Lane and ultimately draining to a low area on the adjacent property. An agreement has been reached with adjacent property owners to allow overland drainage on the property. Refer to the attached memo for details regarding storm water run-off in this area. STAFF RECOMMENDATIONS Staff would recommend approval of the request for a Zoning District Change from R1- 22 to R1-13.5 and the Preliminary Plat of approximately 6.32 acres into 14 single family lots and road right-of-way based upon plans dated April 15, 1988, and subject to the recommendations of the Staff Report, dated April 22, 1988, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Provide a tree replacement plan which depicts a total of 349.5 caliper inches of tree replacement. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. ,7 Blossom Ridge 2nd Addition 3 April 22, 1988 B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. C. Submit surety for the replacement of 349.5 caliper inches of trees. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. 4. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 4B hours in advance of any grading. Stake all grading limits with a snow fence. Any trees lost outside the limits shall be replaced on an area inch per area inch basis. - MEMORANDUM - TO: Planning Commission FROM: Alan D. Gray, P.E. City Engineer DATE: April 21, 1988 RE: Blossom Ridge 2nd Addition?/J The Blossom Ridge 2nd Addition is a proposed residential subdivision located south of Blossom Road and east of Bennett Place on approximately 6.3 acres of land. This parcel of land is located in the upper regions of a small watershed and would drain easterly to a depressed area that currently does not have an outlet. The existing depressed area is significantly large in size and has the capacity to store several feet of runoff from the total watershed. There are no existing or currently proposed structures that would be damaged by a significant amount of ponding in this depressed area. We do not anticipate that this proposed subdivision will result in a significant adverse impact on the depressed area. When the property westerly of the proposed Blossom Ridge 2nd Addition is developed, a portion of this depressed area will be retained as a permanent ponding area and an outlet will be provided to existing storm drainage facilities in the Bluffs East area. There is the potential that the discharge from storm sewer facilities in the Blossom Ridge 2nd Addition could cause erosion on the property directly to the east as it flows overland to the depressed area. The developer has secured the permission of the adjacent property owner for this temporary • service discharge. In the future when the property to the east is developed the discharge from the Blossom Ridge 2nd Addition will be carried in a storm sewer extended easterly all the way to the depressed area. For the temporary condition a small settling basin and riprap will be required at the outlet to dissipate energy and a weir overflow would be provided to disperse the discharge. In addition, the developer would be required to monitor the overland route across the adjacent property during the warranty period of the project and to correct any erosion condition that may develop. ADG:ss MEMO n TO: Planning Commission FROM: Donald R. Uram, Assistant Planner 'THROUGH: Chris Enger, Director of Planning DATE: March 25, 1988 PROJECT: Blossom Ridge 2nd Addition LOCATION: South of Blossom Road, east of Windsor Terrace Major unresolved issues which have been identified with this project include: 1. Tree Loss 2. Grading 3. Road Connection Tree Loss Based upon plans dated March 3, 1988, total tree cover on this site equalled 858 diameter inches. Calculated tree loss was approximately 630 diameter inches or 73.4%. Average tree loss based upon 17 projects, is approximately 27%. According to the proponent, the tree inventory which was submitted was incorrect. A new tree inventory has been submitted which Staff has not had the time to evaluate. Grading The proposed grading plan depicted 30-foot deep building pads. Because of the size of homes currently being built, 50-foot building pads are being recommerd ed. A revised grading plan has not been submitted for review. Because of the number of trees on the site, it is important that the tree inventory and grading plan be reviewed concurrently. Road Connection With the development of this area, including the Bluestem Hills project to the south, a road connection has always been envisioned. Different alternatives have been presented including a connection from Meade Lane through the subject property to Windsor Terrace and a direct extension of Meade Lane through the Wagner property to Blossom Road. If the second alternative was chosen, a cul-de-sac would be required to serve Mr. Pearson's property. Based upon a preliminary evaluation of the two alternatives, both positive and negative effects have been identified with the extension of Meade Lane to Windsor Terrace. From a negative stardpoint, it would : 1) Require the elimination of an existing garage. 2) Reduction in number of lots from 14 to 13. ` •iJ Blossom Ridge 2nd Addition 2 March 25, 1988 On the positive side, it would: 1) Reduce the amount of grading for a roadway extension on the adjacent property. 2) Provide a more efficient road system by the elimination of an additional cul-de-sac. 3) Save additional trees. The Planning Commission may wish to give direction on the road c m nection to the proponent and Staff. Because of the significance of the unresolved issues, Staff would reconnend to the Planning Comnission that this item be continued to the April 25, 1988, meeting. 9',1I 4 i i • i c ,-.1- 1 i I 9 1 G 1 I It "- —_ II I 2 :E a . I III 2 I ` 3 'i , \ ♦'. 1 W ; • I I �\ I SUBJECT,;*ROPERTY —, I I PROPOSED STREET EXTENSION . ')Lid STAFF REPORT 1 TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: April 22, 1988 PROJECT: Frank Beddor Rezoning LOCATION: Northeast quadrant of the intersection of Highway 05 and Dell Road REQUEST: 1. Comprehensive Guide Plan Amendment from Public Open Space to Industrial on 20 acres. 2. Zoning District Change from I-General to I-5 on 18.7 acres and from R1-22 to I-5 on 19.3 acres for the construction of a 252,000 square foot industrial building. Background =_ =r '6 .a i ^ �� Approximately half of the site is / _iFrill5' r_.'o Ai f �' �, , •. - 5; r> guided Industrial near the inter- � ' � j�c Eye ..;,°�'s , secThetaon of other halfway #5 of the property Dell Road. _ ;" , �' "'( q*. iT T $ property is �" �` l� guided Open Space. Surrounding land �� A " �ussi �x uses are guided Industrial in the r ' RM- ) 1I:- I�i if City of Chanhassen to the west, Low �' .0i. \, r" : Density Residential to the north, , °' Open Space to the east, and Low 1/ t .r�C' \�= Density Residential to the south ss - across Highway #5. Attachment A R 1-1 3.5� �_ ` indicates the current Guide Plan " designation for the property and the J..y 'I ::::::a::;:e Plan designation. half of this site is ♦4. zoned I-General and the remaining ►r-AAtt.- 1p•�•••�•i•i1 �' half is zoned R1-22. Attachment B ='PROPOSED SITE i ..- shows the current zoning on the site •►••4•1••••�•* .�*�� and the proposed area for a zoning " �.4e'..'&�.�,'''��r�i�� change. —R1_ I: Site Plan ri The site plan depicts the con- ji struction of 252,000 square feet on ' 37.9 acres of developable land area wr F P at a Floor Area Ratio (FAR) of 0.15. d 1 '� \ 873 AREA LOCATION MAP Frank Beddor Rezoning 2 April 22, 1988 The Code would allow up to a 0.3 FAR. The setbacks to building and parking meet the requirements for the I-5 zoning district. A total of 456 parkingareass is provided on-site which meets the ordinance requirements for a buildngof this size and the proposed use for office, manufacturing, and warehouse. Grading and Sloped Ground Review Since this site has slopes of over 12%, and an elevation difference of 30 feet or more, a sloped ground review is required. The Planning Commission, as well as the Parks, Recreation, and Natural Resources Commission, shall review and make a recommendation to the City Council as to whether or not a permit should be issued or denied for land alteration within a steep sloped area. The Planning Commission should decide whether or not enough information has been provided to review the request and should determine the degree to which the development will alter the vegetation, topography, or other natural features of the land, and the degree to which the proposed development will cause or be affected by erosion problems. The proposed grading and filling on the property along the steep slope adjacent to the wetland area is contrary to the natural grades. Up to 30 feet of fill is proposed across the sloped area facing the floodplain. In addition, fill is proposed within the floodplain area adjacent to the wetland. This wetland is protected water regulated by the Department of Natural Resources and any alteration in or near the wetland area is subject to review by the Department of Natural Resources. Traffic The proponent has provided traffic information which indicates the amount of traffic to be generated from this project during various times of the day. However, the traffic study is not detailed enough to indicate whether or not there are significant impacts on the adjoining road system and what recommendations would be for upgrading if necessary. The project relies on a right-in access off Highway #5 along West 184th Street (Dell Road) and access through the City of Chanhassen. The proposed entrance to the parking lot is located too close to the future intersection of Dell Road and Highway #5. Multiple access points are proposed on Dell Road. Two of these access points will be used primarily for truck access. This could create potential congestion problems for other traffic using 0e11 Road. A more detailed traffic analysis should be prepared by a traffic consultant which more fully addresses the impacts of this proposed development on the adjoining road systems. Tree Loss The proposed grading plan will eliminate all of the mature trees along the north side of the property. Since the adjoining property to the north has been previously zoned by the Planning Commission and City Council for residential, it would seem appropriate that these trees should remain as a land use transition. A detailed tree inventory has not been provided for review. Landscaping No landscape plan has been provided for review. • Frank Beddor Rezoning 3 April 22, 1988 Screening of Parking and Loading Areas City Code requires that parking areas must be screened from all public roads and adjoining differing land uses. The parking lot, as proposed, is visible from Highway #5, West 184th Street, and from the residential areas, across the wetland area. In addition, the loading facilities are not screened from Dell Road. City Code also requires that loading facilities cannot be located within the front yard. Platting The proponent should be submitting a preliminary plat depicting the dedication of the required right-of-way for West 184th Street (Dell Road) right-of-way for Highway #5 and placement of the wetland area and floodplain area in a drainage utility easement to the City. Utilities There are three options available for the extention of sewer and water service to the property. One would involve utilizing a lift station to bring sanitary sewer to this site from 1,500 feet east of the property. A second alternative would be to loop the sanitary sewer and water along the edge of Mitchell Lake marsh to facilitate the development of adjoining properties and the final alternative on an interim basis would be to utilize utilities within the City of Chanhassen. No resolution has been reached as to which utility alternative will be utilized for the property at this time. Refer to attached engineering memo for comments on utilities. Storm Water Run-off No overall storm water run-off plan with drainage calculations has been provided for review by the City Engineer. Architecture The architectural elevations depict the use of brick and glass for the office portion of the building and concrete block for the balance of the building. Plain concrete block is not allowed per City Code. The size of the building is massive and no mitigating measures have been provided for an effective land use transition to the adjoining residential properties to the north and to the residential areas across the wetland area. Conclusions The proponents have not provided a substantiation for the change in the Comprehensive Guide Plan designation from Open Space to Industrial. This change in the Comprehensive Guide Plan is not appropriate for the following reasons: 1. This site does not provide an effective transition to the Residential land use to the north and east of the site. All of the significant trees along the north property's edge are being removed. Natural vegetation can provide effective visual buffer to the residential subdivision to the north. No visual transition has been provided to break up the views of the building from the residential areas across the wetland area. a4< • Frank Beddor Rezoning 4 April 22, 1988 2. This site is highly visible and is one of the entrance 9 y majorpoints to the community. A massive industrial building with loading facilities in the front yard and loading facilities and parking areas which are not screened, may not be an appropriate community image in this location. 3. The site plan, as proposed, causes significant impacts on the natural features. All the significant mature oak trees are being removed along the north property line and a significant amount of fill work is being proposed for the steep slopes adjacent to the wetland area. The filling and grading work is contrary to the natural topography. 4. Traffic impacts are significant. Access to the site is poor and because of the size of the facility and the amount of loading involved, may cause congestion on Dell Road. The project may be premature since the intersection of Highway #5 and Dell Road will not be completed until the Fall of 1990, and until that time, the project would rely upon a right-in only access off Highway #5 and access through the City of Chanhassen. 5. The site plan, as proposed, does not meet City Code requirements. Parking and loading areas are not screened. The location of the loading facility in the front yard is not permitted per City Code. Use of plain concrete block on the building is not permitted per City Code. 6. The rezoning request is speculative and is not based on a specific project at this time. City Code Section 11.30, Subdivision 3B, states that "rezoning requests will be considered only on the basis of a Comprehensive Plan for the entire area to be zoned and on specific plans for initial structures and site development". STAFF RECOMMENDATIONS The following are alternatives for Planning Commission consideration: 1. The Planning Commission may choose to close the public hearing and return the development plans to the proponent to provide additional information, bring the site plan into compliance with City Codes, provide an effective land use transition to adjoining properties, reduce impacts on natural features, and provide a substantiation for a Comprehensive Guide Plan Change. 2. The Planning Commission may choose to deny the project based on an inconsistency with the Comprehensive Guide Plan, non-compliance with City Code requirements, and the lack of information to properly review the project. I ro *, 1 i ii ) 1 iti \ ( . 1 1 (a / �f;v... ,l i . 0. !,_-______.— -.‘,.. .\\ \ fi(( c_;; //:.,...,'' 47: r.. ....)-_-_;_7----_-_„;._:::-..-- ,.,„.„.„.„,;,,4----- '7z... I `ry [^fly;,^ kt.I,a ' - -• . l r-- 4 I .1.T-. 4•""f. r 1 fililI,�4- �'* :e'?j� ///1T j - d. u, . , , ii.,/77''",,v-i , / / / v ' \b\i//p-(/ \ / ( I I / I iii.,:i':',„,if l/ f fJ� ``` \ I , /II i.. 7 0 \\I1'\ rt\.1i11 I Ifl I // .r, \\\ ! } ,-;',//:;%4' P i 1)))) ' 0\\I ^ „�.,,`,,,A.'II;I1)%I vyy, ,\' `� ( • \\ç( (l(i_l`_c� cn ilL'%?-` / i I) il' \\\', ,-/,'/ • a) !' �/,%%i!/ \\ ,,/„�� / %/� %TJ I Proposed Land Use ---• Existing Land Use —•• i Attachment A i a.!1 1ilt7-- 0i,i\ 1 �;� - 6 '1 , 1/ ;;;I, I � II � � I ; /; 1, ;o 7( 0 ,--)/ /i t I 1\'''' 1 -.."----' __ ; \\ ri9' 7 0 ',' 1 it It 1 IC—L)-2 )i//,/;i77--.;-----; -:ifj, ,,,'-/T 2 1�� � ti q �.*.y {C 1// ,\ �a0.rL ti I j / ' a v( \ '''',.\\\:jr-r- y / 1:11/0A1 � elt - ,11„,,o,/,/,o(N--(7 (, , Iller'.,) I, , ,ip,intjr !i ' I ) 1 ; 1/1// . (11 %Jt \ 1 / .eII !/� \i'�; , , `1 , I �I ` IlII z Xil 1p4 'w71 /'i, I \\ I , t-'! )0 .:o[ / %, i11 ;,i/0,,, It:,////, (,-/-,--7:igji i, / i/,-,.J . : '/,;;,,,/j NMIMs„, `— /,,; �.. // ) f Proposed Zoning ---- c' Existing Zoning ••INIII•m i, Attachment B 1 . L )y - MEMORANDUM - TO: Planning Commission FROM: Alan D. Gray, P.E. City Engineer DATE: April 21, 1988 RE: Frank Beddor Property The plans for the Frank Beddor property located at the Northeast corner of State Trunk Highway 5 and Dell Road, prepared by Fortier and Associates, show three (3) alternatives for providing sanitary sewer and water service to the site. The utility alterantives are discussed conceptually and construction corridors are shown on Sheet 3 of the drawings. Very little detail has been provided. To provide water service and adequate fire protection to the site the Eden Prairie trunk watermain system needs to be extended westerly along the Highway 5 corridor to the site and northerly connecting to trunk watermain that will be constructed within the Ridge 2nd Addition. The watermain extension west along Highway 5 will be difficult prior to the upgrading of Highway 5 and may require easement aquisition at a significant expense if the project precedes the right-of-way aquisition for the upgrading of Highway 5. It is not possible to determine from the information submitted that the alternatives proposed are feasible to implement at this time. Significantly more detailed study is required to make that determination. The preliminary submittal indicates that sanitary sewer service may be accomplished by connection to the City of Chanhassen or by providing a pumping station and force main extended easterly along the north right-of-way of Highway 5. Gravity sanitary sewer service to this site will ultimately be provided from the Red Rock Interceptor sewer currently under construction by the Metropolitan Waste Control Commission. We estimate that it will be several years before the subtantial completion of the Red Rock Interceptor and the extension of gravity service north from the Red Rock Interceptor to this site. The Ridge 2nd Addition currently under construction directly north of this site is providing a temporary sewage pumping station. This site could be provided with temporary service by providing capacity for it in the pumping station being constructed in The Ridge 2nd Addition. A gravity sanitary sewer must ultimately be extended across this site from the pumping station in The Ridge 2nd Addition to Highway 5. This gravity sewer would then connect to the gravity sewer system on the south side of Highway 5 which would be extended from the Red Rock Interceptor. The feasibility of providing temporary sewer service to the site and making adequate provision Page 2 of 2 for future gravity service extended across the site cannot be determined from the information submitted. Significantly more detailed study is required to determine the feasibility of providing temporary service at this time and provisions for future gravity service. Storm sewer for the site is not shown on the grading and utility plan nor discussed in detail in the written text. Storm sewer will be provided to adequately drain the parking lot areas proposed on this property and to conduct storm water to the wetland northeast of the site. A sedimentation basin will likely be required by the Watershed District for this development. The site plan shows a driveway connection to West 184th Street approximately 150 feet north of the south right-of-way line with a mediun opening in West 184th Street. A mediun opening is not planned in West 184th Street between Highway 5 and West 77th Street in Chanhassen. It is desirable that the major point of egress from the site be located opposite West 77th Street in Chanhassen where a mediun opening will be provided. The proposed traffic circulation plan for the site does not provide for ingress or egress from the parking area located easterly of the building to West 184th Street at the intersection with West 77th Street in Chanhassen. ADG:ss aCo MEMORANDUM TO: Mayor and City Council FROM: Kate Karnas, Planning Assistant THROUGH: Chris Enger, Director of Planning DATE: May 13, 1988 SUBJECT: Frank Beddor Property--Public Hearing Staff has been working with the proponent on this item for several months, trying to encourage them to provide a complete set of plans for review. Only incomplete plans were available for the Planning Commission at their meeting last month. As outlined in the Staff Report, there was a substantial amount of significant information missing, in addition to which there were many Code provisions not met by the project as designed. The Planning Commission recommended denial of this item, passing it on to the Council with that recommendation for the May 17, 1988, meeting. Due to publication requirements with the Eden Prairie News, it is necessary to send in items going from the Planning Commission to the City Council the very next day after the Planning Commission meeting. This was done with this proposal and others on the April 25th Planning Commission agenda. However, Staff has not yet received any plans for Council review. Attempts were made to contact the proponents by letter and by phone through both the architect and the land owner. We have received no response. Based on this, the City Council may wish to consider the following options for handling this project: Continue the public hearing. Close the public hearing and return the item, without prejudice. Close the public hearing and deny the request. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #88-86 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WYNDHAM NOB ADDITION FOR BURL CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Wyndham Nob Addition for Burl Corporation, dated May 11, 1988, consisting of 30.03 acres into 14 single family lots, one outlot, and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of May, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk `).J E UNAPPROVED MINUTES N PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES C12MM1 N Monday, 2, 1988 7:30 p.m., City frail 7600 Exe�cu rv`e Drive COMMISSION MEMBERS--PRESENT: P reitenstein, chairperson; ud Baker, Moe Cook, Karon Joyer, Brian Mikkelson, Pat Richard, Charles Shaw COMMISSION MEMBERS AB T: None COMMISSION STAF . Bob Lambert, Director of Community Ser • s, Rick Bolinske, Superinte ent of Recreation; Barb Cross, Landscape Architect ROLL CALL e meeting was called to order at 7:30 p.m. by chaff •erson, Pa. Breitenstein. II. APPR• •L OF AGENDA MOTION: J. er moved to approve the a • da as presented. Richard seco •ed the motion and it p sed 6-0. ( III. APPROVAL OF MI TES OF APRI 18, 1988 Richard referred to t' - mo '.n made on Page 9 on the Preserve Homeowner's Association ail. He said the motion passed 3-2. Cook referred to otions made •n Page 2 on Eden Lake Playground Expansion whi passed 5-0 and : Page 4 on Technology Park which .assed 5-0. MOTIO . Baker moved to approve the m utes of April 18, 1988 -s amended. Cook seconded the moth and it passed 6 IV. PETITIONS, REQUESTS AND Csi i ► a sL None V. DEVELOPMENT PROPOSALS A. Wyndham Nob Refer to staff report dated April 22, 1988. aa), UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RES. COMM. May 2, 1988 -2- Barb Cross said the proposal is for a 14 lot single family development and the developer is requesting a zoning change and preliminary plat. She introduced Mr. Don Patton representing Burl Corporation. Mr. Patton said water and sewer are being completed on the first phase of development, Wyndham Crest. This site is located north of Wyndham Crest situated on 8 acres south of Townline Road, east of Dell Road and west of Purgatory Creek. All recommendations made by regulatory agencies have been adapted. Tree replacement for the site will be 120 caliper inches. Joyer referred to the 36 inch oak tree located in the center of the cul-de-sac. Patton said there was no other alternative except to remove the tree. Baker asked where the replacement trees will be located. Patton said they will be out of the City right-of-way in the lots themselves approximately 20 feet from the curb. Cook asked if County Road 62 will be even with the outlet road of this development. Patton said there will be some transition, but they will be even when the road is completed. Cook asked where Purgatory Creek is in relation to this development. Patton showed its location on the map and the development is west of Purgatory Creek. Cook asked where the tree line will be. Patton showed the location on the map. Cross said the issues to be considered on this development are the dedication of the floodplain although any grading to be done in the floodplain has already been approved by the DNR, Watershed District and U.S. Army Corps of Engineers. Trees will be replaced on a caliper inch basis and the trail system will feed into the right-of-way. Cook asked if any sidewalks or bike trails are proposed on the site. Patton said no. Baker asked what type of zoning change will be required. Cross said the area is currently zoned rural and will be changed to low density residential. MOTION: Baker moved to approve Wyndham Nob Addition per staff recommendation. Mikkelson seconded the motion and it passed 6-0. -Jn,J STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: April 22, 1988 PROJECT: Wyndham Nob Addition LOCATION: South of Townline Road, east of Dell Road, west of Purgatory Creek APPLICANT/ FEE OWNER: Burl Corporation REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 7.96 acres. 2. Preliminary Plat of 30.03 acres into 14 single family lots, 1 outlot, and road right-of-way. Background This site is currently "�-1._== "-"-- =-_� guided for {---- „„...o r- �7- Low Density Residential land uses, • • N COMA •� ♦•♦ / as are the adjacent properties. RhlIi6,5� •r.*j�NO* Specific land uses in this area L=`""-PROPOSED SITE •''_4****�4�� r include CSAH #62 and the City of .Tvin �. ��,. 1,�c��4�•,•��� ti yi Minnetonka to the north, Wyndham ••�•��,� • Crest, zoned R1-13.5 to the south, T, _ 1��.- .W.04•• *., • Purgartory Creek to the east, and 11 .:r' '1t13.5 ! \.`••��i�•0,4 vacant property, zoned Rural to the IL; \1 1 j �. �;��'�r� west. The proponent is requesting ' '°°i y .. —\ 4.4.•- \ the preliminaryplatting pp R_.",�' • F - 4',.. , R1 1.5.'� of approxi- 13.5 '-� I mately 30.03 acres into 14 single C:/,%. . '," family lots, 1 outlot, and road oq�r; VV. ";��--,�J �•� \ ��1;., right-of-way. a 1_ .5 �- ..`�;� L I / Site Plan/Preliminary Plat RIwi .., R1-13.5. RM -6.5tr- I,(1 7 -#. Of the 30.03 acres being platted, / / approximately 7.96 acres would be �� "ffL" I�. CF .� used for actual development. Outlot 2_- �, _ :,. 4 4 A, containing approximately 22 YT �' /`' acres, and bordering Purgatory r R L.,- ,' �, / Creek, will be dedicated to the -,.; �//" •P`'-c � \R1- 0.5- w R1i13.5 _( P� City. A total of 14 lots are being In .,-H-, ,` __ 1 on this property -lot..., proposed pro ert at a ��.T� �! density of approximately 1.76 units _ , per acre. Lot sizes in the ac ./'. . �\ w' , - ,,-- subdivision range from a minimum of 4-1�, t.._',-� �/ ... �" R1-13.5 13,500 square feet to a maximum of `ffr j . F._y • c, y / 25,400 square feet. Average lot 1rJ �n� I 1 ;4. ,+' , 1 size is approximately 18,264 square h`T. , n n. n n' AREA LOCATION MAP ,�, LI Wyndham Nob Addition 2 April 22, 1988 feet. All of the lots meet the minimum requirements of the R1-13.5 zoning district. Access to this site will be provided from the future extension of Chennault Way, which is located to the west of the subject site, and from C.S.A.H. #62. Access to the southern portion of the site would be provided by a cul-de-sac measuring approximately 300 feet in length. The current plans for the cul-de-sac depict a 60- foot radius with a 5 foot center island designed to save a 36-inch oak tree. An undisturbed area of approximated 60 feet in diameter would be required to save this tree. Prior to Council review, the plans shall be revised to reflect a 50-foot radius in accordance with City Engineering standards. Floodplain/Conservancy Zone In this area, the floodplain elevation is located at the 870 contour elevation and extends into the subject property along the eastern property line. In addition, the entire floodplain area to the east of the proposed subdivision is classified as a protected wetland. Because the proposed plans indicate fill within the wetland area, permits will be required by the Department of Natural Resources, the Riley- Bluff-Purgatory Creek Watershed District, and the U.S. Army Corps of Engineers. Because it is not known at this time whether any permits will be approved and/or if changes to the plan will be necessary, Staff would recommend that the 1st Reading of the ordinance at the Council be contingent upon receiving appropriate permits and that the 2nd Reading of the project not be held until all permits required have been received. If changes are required to the plans, Staff would recommend the plans be returned to the Planning Commission and City Council for review. According to the Purgatory Creek study, this entire parcel is located within the Purgatory Creek Conservancy Zone. Due to its location adjacent C.S.A.H. #62, the lack of any significant site features, the amount of preserved open space in this area is quite large, and the fact that if the Purgatory Creek study was strictly adhered to, this property would be undevelopable, it is felt that the intent of the Purgatory Creek Recreation Study has been met. Grading Elevations on this site range from a high point at the 890 contour elevation located within the center of the cul-de-sac bubble to a low point at the 866 contour elevation adjacent the most easterly property line near the Purgatory Creek floodplain. Proposed grading on this site involves a cut of approximately 14 feet located on Lot 5 and a fill of approximately 7 feet located within the northern portion of the site, and along the western property line. In addition, fill is being proposed within the floodplain and protected wetland which would be subject to the Department of Natural Resources, U.S. Army Corps of Engineers, and the Watershed District's approval. Because of the location of the property adjacent to the proposed crosstown, a six-foot high earthen berm is proposed along the northern property line for noise mitigation purposes. Finally, the grading plan depicts the removal of four trees totalling 120 caliper inches. Because tree removal is 100%, a replacement plan depicting 120 caliper inches of plant material is required prior to Council review. Utilities Water and sanitary sewer service will be provided to this site by connections made l�h\ .Wyndham Nob Addition 3 April 22, 1988 to existing utilities located within the proposed Chennault Way extension, and to an existing 18-inch sewer line located approximately 100 feet east of the western aproperty line. Connections for the sanitary sewer will be made to an existing manhole with water service being provided by the connection of a 12-inch water line located within the Chenault Way extension extended throughout the project site into the property's most easterly property line along C.S.A.H. #62. Due to the location of the existing sanitary sewer easement, the homes on Lots 9 through 11, and Lots 1 through 3, will be placed to the rear of this easement or approximately 70 feet back from the street right-of-way. This will not affect the required setbacks in the R1- 13.5 Zoning District. Storm water run-off is proposed to be collected in a series of catch basins located within the street's right-of-way and discharged into the Purgatory Creek floodplain to the east. Pedestrian Systems No pedestrian system improvements have been identified with this project. STAFF RECOMMENDATIONS: Staff would recommend approval of the Wyndham Nob project based upon plans dated March 25, 1988, subject to the Staff Report, dated April 22, 1988, and subject to the following conditions: 1. Prior to Council review, proponent shall A. Revise the plans to depict a 50-foot radius on the proposed cul-de- sac. B. Submit a tree replacement plan depicting 120 caliper inches of plant material. 2. The 1st Reading of the ordinance by the City Council be contingent upon receiving all appropriate permits required by the Department of Natural Resources, Watershed, and the U.S. Army Corps of Engineers. The 2nd Reading by City Council shall not be held until such permits and/or plans have been reviewed by City Staff. If permits are not received and changes to the plan are required, proponent shall return to the Planning Commission and City Council for additional review. 3. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit storm water run-off, utility, and erosion control plans for review by the City Engineer. C. Provide right-of-way for CSAH #62 as required by Hennepin County and the City of Eden Prairie. 4. Prior to Grading Permit issuance, proponent shall: ` ..10 Wyndham Nob Addition 4 April 22, 1988 A. Notify the City and Watershed District at least 48 hours in advance of grading. Stake all grading limits with a snow fence. Any trees lost outside the grading limits shall be replaced on an area inch per area inch basis. B. Stake the construction limits with an erosion control fence. 5. Prior to Building permit issuance, proponent shall pay the appropriate Cash Park Fee. 6. Concurrent with Final Plat, proponent has proposed to dedicate Outlot A to the City for conservation purposes. If the outlot is held privately, the proponent shall place the outlot in a drainage and utility easement and convey a scenic easement over the outlot to the City. In addition, a trail easement may be required depending upon the Parks, Recreation, and Natural Resources Commission recommendations. 1J,! MAY 17,1988 42268 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 498.15 42269 A T 0 M CONFERENCE-POLICE DEPT 25.00 2270 BIRTCHER WELSH MAY 88 RENT-CITY HALL 1)711.36 ` 42271 BETTY BRUMM REFUND-EXERCISE CLASS 4.00 42272 BUSINESS CREDIT LEASING INC MAY 88 COPIER RENTAL-FIRE DEPT 182.75 42273 CITICORP NORTH AMERICA INC MAY B8 MAINTENANCE AGREEMENT 414.79 42274 CRAGUN'S CONFERENCE CENTER CONFERENCE-POLICE DEPT 218.22 42275 BEV DECKER REFUND-SWIMMING LESSONS 15.00 42276 LORI FREE REFUND-SWIMMING LESSONS 20.00 42277 PATTY FUHRMANN REFUND-ADULT TENNIS LESSONS 17.00 42278 HOPKINS POSTMASTER POSTAGE-HUMAN SERVICES DIRECTORY 1423.19 42279 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 2719.22 42280 DEBRA HANSEN REFUND-SWIMMING LESSONS 19.00 42281 JOHN HOBS REFUND-DEFENSIVE DRIVING CLASS 7.00 42282 KATHY HOWELL REFUND-SWIMMING LESSONS 17.00 42283 MATTHEW HUNNICUTT REFUND-SWIMMING LESSONS 20.00 42284 JASON NORTHCO PROPERTIES MAY 88 RENT-LIQUOR STORE 551B.75 42285 MARY LARSEN REFUND-ADULT TENNIS LESSONS 20.00 42286 MINNESOTA ASSOC OF WOMEN POLICE CONFERENCE-POLICE DEPT 140.00 42287 MN RECREATION & PARK ASS'N INC CONFERENCE-COMMUNITY CENTER 25.00 42288 NATIONAL CAREER WORKSHOPS CONFERENCE-PLANNING DEPT 59.00 42289 NSP SERVICE 13170.96 42290 MARION PETERSON REFUND-DEFENSIVE DRIVING CLASS 7.00 42291 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 10.86 42292 KATHY RUCKER REFUND-FOR KIDS ONLY 11.00 42293 LINDA SCHEIBLE REFUND-RACQUETBALL LEAGUE 5.00 42294 BARBARA THOMPSON REFUND-ADULT TENNIS LESSONS 20.00 "295 NATIONAL CAREER WORKSHOPS CONFERENCE-PLANNING DEPT 177.00 296 PETTY CASH EXPENSES-CITY HALL 69.92 42297 SUPPLEE'S 7 HI ENTERPRISES INC MAY 88 RENT-LIQUOR STORE 4822.40 42298 ALLANSON BUSINESS PRODUCTS INC OFFICE SUPPLIES-POLICE DEPT 341.30 42299 AMERICAN SPEEDING PRINTING CENTER PRINTING-AWARDS BANQUET 102.05 42300 SOUTHWEST SUBURBAN PUBLISHING -LEGAL ADS-PLANNING DEPT/HAPPFNINGS- 3890.14 COMMUNITY CENTER/ADVERTISING-LIQUOR STORE 42301 ARVILLE HEIN PARK RENTAL DEPOSIT 50.00 42302 RICHFIELD POSTMASTER POSTAGE-ADAPTIVE RECREATION PROGRAM 77.00 42303 IACCO MINNESOTA CHAPTER CONFERENCE-POLICE DEPT 50.00 42304 LILLIAN DOLENTZ REFUND-SWIMMING LESSONS 40.00 42305 DANIEL FRYE REFUND-KIDS KORNER 2.81 42306 JAYNA STEFFENS REFUND-KIDS KORNER 2.81 42307 UNITED PARCEL SERVICE POSTAGE-PARK DEPT 8.20 42308 COMMISSIONER OF REVENUE PAYROLL 4/29/88 12902.68 42309 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 252.00 42310 FEDERAL RESERVE BANK PAYROLL 4/29/88 49147.56 42311 GREAT WEST LIFE ASSURANCE CO PAYROLL 4/29/88 4071.00 42312 ICMA RETIREMENT CORP PAYROLL 4/29/88 1325.80 42313 INTL UNION OF OPERATING ENG MAY 88 DUES 874.00 42314 MEDCENTERS HEALTH PLAN INC MAY 88 INSURANCE 10846.90 42315 THE MINNESOTA UC FUND 1ST QUARTER 88 UNEMPLOYMENT BENEFITS 2463.84 42316 EXECUTIVE DIRECTOR-PERA PAYROLL 4/29/88 24523.71 42317 PHYSICIANS HEALTH PLAN MAY 88 INSURANCE 17272.01 42318 UNITED WAY PAYROLL 4/29/88 211.50 42319 CITY COUNTY CREDIT UNION PAYROLL 4/29/88 891.00 '20 ESI SIGNS & PROMOTIONS 2 PRESERVE LIQUOR STORE SIGNS 790.00 .,321 TRAVELERS DIRECTORY SERVICE ADS-LIQUOR STORES 244.00 17774888 a MAY 17,1988 42322 AT&T COMMUNICATIONS SERVICE 184.14 42323 AT&T CONSUMER PRODUCTS DIV SERVICE 16.50 2324 MCDONALDS EXPENSES-PARK & RECREATION DEPT 4.25 ' 42325 MINNEGASCO SERVICE 10301.76 42326 NORTHWESTERN BELL SERVICE 610.27 42327 NSP SERVICE 6808.57 42328 US WEST CELLULAR INC SERVICE 43.70 42329 HOPKINS POSTMASTER POSTAGE-SUMMER BROCHURE 806.25 42330 MENARDS CHAIN LINK FENCE-DRAINAGE CONTROL 96.90 42331 MAAO CONFERENCE-ASSESSING DEPT 120.00 42332 HOPKINS POSTMASTER POSTAGE-CITY HALL 5000.00 42333 FAIRCHILD MARKETING ADS-LIQUOR STORES 365.00 42334 HOPKINS POSTMASTER POSTAGE-SUMMER BROCHURE 408.00 42335 GUARANTEE MUTUAL LIFE CO MAY 88 LIFE INSURANCE PREMIUM 2274.08 42336 W H HARRIS & ASSOCIATES CONFERENCE-POLICE DEPT 650.00 42337 MUTUAL BENEFIT LIFE MAY 88 LIFE INSURANCE PREMIUM 2617.93 42338 FIDELITY STATE BANK OF NEW PRAGUE SUPPLIES-POLICE DEPT 1.95 42339 MN DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATION 25.00 42340 MN DEPT OF P/S MOTOR VEHICLE REGISTRATION 6.00 42341 MN DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATION & EXCISE TAX 704.20 42342 NORTHERN STATES POWER COMPANY SERVICE-FIRE STATION #4 7500.00 42343 WEST HENNEPIN HUMAN SERVICES EXPENSES-HUMAN RESOURCES 40.50 42344 BEER WHOLESALERS INC BEER 4017.00 42345 COCA COLA BOTTLING CO MIX 464.05 42346 DAY DISTRIBUTING CO BEER 5159.29 42347 EAST SIDE BEVERAGE CO BEER 11855.15 42348 KIRSCH DISTRIBUTING CO BEER 654.15 '?349 MARK VII DISTRIBUTORS INC BEER 17393.07 2350 PEPSI/7-UP BOTTLING CO MIX 596.10 4235I ROYAL CROWN BEVERAGE CO MIX 215.56 42352 THORPE DISTRIBUTING CO BEER 18742.60 42353 TWIN CITY HOME JUICE COMPANY MIX 27.00 42354 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 43.89 42355 BARBAROSSA & SONS INC SERVICE-WATER TREATMENT PLANT ADDITION 360109.37 42356 BROWN & CRIS INC SERVICE-BENNETT PLACE & BLOSSOM ROAD 22007.99 42357 CLEAN SWEEP INC SERVICE - 1988 CITY STREET SWEEPING 10756.20 42358 KENKO INC SERVICE-BLUFFS EAST 4TH ADDITION 36962.76 42359 RICHARD KNUTSON INC SERVICE-ANDERSON LAKES PARKWAY 2107.15 42360 NODLAND CONSTRUCTION CO SERVICE-WYNDHAM KNOLL 12218.59 42361 RILEY PURGATORY BLUFF CREEK SERVICE-CHAIN OF LAKES STORM SEWER 9123.80 42362 SHAFER CONTRACTING COMPANY INC SERVICE-COUNTY ROAD 4 TO MITCHELL ROAD 8125.79 42363 SHAW LUNDQUIST ASSOC INC SERVICE-WATER TREATMENT PLANT ADDITION 48584.15 42364 A TO Z RENTAL CENTER EQUIPMENT RENTAL-WATER DEPT/POLICE DEPT 31.80 42365 ABBOTT PAINT & CARPET PAINT-WATER DEPT 649.53 42366 ACE CHEMICAL PRODUCTS INC CLEANING SUPPLIES-EQUIPMENT MAINTENANCE 215.70 42367 ACRO-MINNESOTA INC OFFICE SUPPLIES-CITY HALL 429.46 42368 HERB ADOLPHSON EXPENSES-BLDG DEPT 20.00 42369 AMERI-STAR LIGHTING LIGHT BULBS-PARK MAINTENANCE 419.50 42370 AMERICAN LINEN SUPPLY CO AIR FRESHENER SERVICE-CITY HALL 20.20 42371 AMERICAN NATIONAL BANK & TRUST CO BOND PAYMENT 67127.36 42372 AMERICAN PLANNING ASSOCIATION SUBSCRIPTION-PLANNING DEPT 15.00 42373 AMERICAN PLANNING ASSOCIATION DUES-PLANNING DEPT 173.00 42374 AMERICAN WATER WORKS ASSOC BOOKS-WATER DEPT 316.00 375 EARL F ANDERSON & ASSOC INC SIGNS-STREET DEPT 495.60 .[376 JANE ANDERSON -198B ICE SHOW LIGHTING COORDINATOR- 100.00 COMMUNITY CENTER 677761.81 69,J L 42377 JERRY ANDERSON HOCKEY OFFICIAL/FEES PAID 140.00 42378 LONNIE ANDERSON -1988 ICE SHOW COSTUME COORDINATOR- 150.00 COMMUNITY CENTER 11 42379 AQUA ENGINEERING INC POLY PIPE/CLAMP/COUPLINGS-PARK MAINTENANCE 23.19 2380 ARMOUR SECURITY INC KEYS-PROGRAM SUPERVISOR 26.00 42381 ASSOCIATED ASPHALT INC BLACKTOP-STREET MAINTENANCE 30.14 42382 ASTLEFORD INTL INC REPAIR ELECTRICAL SYSTEM-EQUIPMENT MAINT 53.94 42383 AUDIO VISUAL WHOLESALERS PROJECTOR-FORESTRY DEPT 453.93 42384 B R W INC -SERVICE-TRAFFIC STUDY FOR MAJOR CENTER 220.00 AREA 42385 KEITH BAKKE REFUND-OVERPAYMENT UTILITY BILLING 736.I5 42386 BARRY & SEWALL RUST REMOVER-WATER DEPT 51.68 42387 BATTERY & TIRE WAREHOUSE INC -WIRE/TUBING/TIES/FUSEHOLDERS/SEAT 368.85 CUSHIONS/FLASHLIGHT-EQUIPMENT MAINTENANCE 42388 TRACI 8ERGO SOFTBALL OFFICIAL/FEES PAID 30.00 42389 BIFFS INC WASTE DISPOSAL-PARK MAINTENANCE 1213.69 42390 BLACK & VEATCH SERVICE-WATER TREATMENT PLANT ADDITION 10926.54 42391 CITY OF 8LOOMINGTON ANIMAL IMPOUND SERVICE-MARCH 88 345.00 42392 LOIS 80ETTCHER -MINUTES-PARK RECREATION & NATURAL 69.75 RESOURCES COMMISSION 42393 RICK BOLINSKE MILEAGE-COMMUNITY CENTER 150.25 42394 BORCHERT-INGERSOLL INC HOUSING-EQUIPMENT MAINTENANCE 205.54 42395 BOYER FORD TRUCKS INC -GUIDE/NUT/BUTTON/PUMP/PULLEY/FILTER/SEAL 330.87 KIT-EQUIPMENT MAINTENANCE 42396 LEE 8RANDT HOCKEY OFFFICIAL/FEES PAID 299.50 42397 BROWNING FERRIS INDUSTRIES -MAY 88 TRASH DISPOSAL-CITY HALL/WATER 337.23 -DEPT/POLICE & FIRE BUILDS/LIQUOR STORE/ COMMUNITY CENTER 42398 C & H DISTRIBUTDRS INC FREIGHT CHARGES-WATER DEPT 32.00 ''399 CABINETREE CABINETS-SENIOR CENTER 2114.20 .400 CARPET CITY CARPET-CONFERENCE ROOM-WATER DEPT 1150.00 42401 CARVER COUNTY TREASURER -SERVICE-HWY 212 ENVIRONMENTAL IMPACT 1341.72 STATEMENT & STUDY REPORT 42402 CENTRAIRE INC AIR CONDITIONER MAINTENANCE-CITY HALL 252.99 42403 CENTURION TECHNOLOGY SYSTEMS INC SQUAD CAR SET UP-POLICE DEPT 600.00 42404 CLEVELAND COTTON PRODUCTS TOWELS-WATER DEPT 88.34 42405 CLUTS 08RIEN STROTHER ARCHITECTS SERVICE-SENIOR CENTER 292.50 42406 COMMISSIONER OF REVENUE APRIL 88 FUEL TAX 154.87 42407 COMMUNICATION CHANNELS SUBSCRIPTION-FIRE DEPT 24.00 42408 COMMUNICATIONS CENTER RADIO-EQUIPMENT MAINTENANCE 1086.95 42409 COMPUTER KNOW HOW SCHOOL-FIRE DEPT 300.00 42410 JOYCE CONLEY SCHOOLS-POLICE DEPT 52.00 42411 CONSOLIDATED PLASTICS COMPANY INC UTILITY SCOOP-WATER DEPT 33.61 42412 CONSTRUCTION MATERIALS INC SEALCOATING-STREET MAINTENANCE 1620.00 42413 CONTACT MO8ILE COMMUNICATIONS INC -CLIPS/ANTENNAS/RADIO REPAIR/INSTALLATION 952.76 OF RADIOS-POLICE DEPT/EQUIPMENT MAINT 42414 CONTINENTAL SAFETY EQUIP INC -HARNESS/SAFETY 8LOCK W/AUTO HOOK/AIRPACK/ 1788.47 CALIBRATE OXYGEN SENSOR-SEWER DEPT 42415 CORPORATE RISK MANAGERS INC APRIL 88 INSURANCE CONSULTANT 3530.00 42416 CROWN MARKING INC OFFICE SUPPLIES-CITY HALL 74.50 424I7 CURTIS INDUSTRIES -SCREWS/PINS/CONNECTING LINKS/COTTER PIN/ 398.22 FITTINGS-EQUIPMENT MAINTENANCE 42418 CUSTOM AUTOBDDY -RADIATOR SUPPORT/DEFLECTORS/GRILLE/FENDER 705.99 -HEADLIGHTS/PAINT REPAIR-PICKUP TRUCK- WATER DEPT J275537 `7J1e 42419 CUSTOM FIRE APPARATUS INC -AIR COMPRESSOR GASKET/GAUGE/PRESSURE 653.41 -SWITCH/CHECK VALVE/RECEPTACLE/WIRE/TU8E- I 42420 CUTLER-MAGNER COMPANY UQIICRE LIKLIMT 285.30 2421 D & K PRINTING PLUS INC PRINTING-SENIOR NEWSLETTER E-WATER DEPT 8201.50 42422 WARD DAHL8ERG APRIL 88 EXPENSES 80.00 42423 DALCO -CLEANING SUPPLIES-WATER DEPT/PARK MAINT/ 943.18 COMMUNITY CENTER 42424 THE DICKSON COMPANY -2 FIRE HYDRANT PRESSURE RECORDERS-WATER 787.89 DEPT 42425 LYNDA DIEDE SERVICE-HUMAN SERVICES DIRECTORY 34.00 42426 EUGENE DIETZ APRIL 88 EXPENSES 200.OD 42427 DIXIE PETRO-CHEM INC CHEMICALS-WATER DEPT 1599.00 42428 JENNIFER DRESSEN MILEAGE-COMMUNITY CENTER 82.00 42429 DRISKILLS SUPER VALU -EXPENSES/CONCESSIONS STAND SUPPLIES- 137.29 COMMUNITY CENTER 42430 DUSTCOATING INC DUSTCOATING-DUST CONTROL 9940.00 42431 EDEN PRAIRIE FAMILY CENTER PRINTING-SENIOR CENTER 5.73 42432 CITY OF EDINA SERVICE-MARCH 88 WATER TESTS 86.00 42433 VOID OUT CHECK 0.00 42434 ELK RIVER CONCRETE PRODUCTS MANHOLE RING-SEWER DEPT 147.60 42435 EPA AUDIO VISUAL INC AUDIO VISUAL CART-WATER DEPT 86.04 42436 FEIST 8LANCHARD CO -8ELTS/TIE RODS/BUSHINGS/VOLT REGULATOR/ 1033.70 -SHOCKS/OIL SEAL/SMOG PUMP/8EARINGS/8RUSH -SETS/RADIATOR HOSE/ROTORS/MASTER CYLINDER/ -DUST COVER/PCV VALVES/DIMMER SWITCHES/ -CONDENSERS/CAPS/TOGGLE SWITCHES/COILS/ BALLAST RESISTORS-EQUIPMENT MAINTENANCE 42437 FINLEY BROS ENTERPRISES SERVICE-BAKER RD RESERVOIR SPILL 160.00 '438 FOUR STAR 8AR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 436.27 _439 FRESHWATER FOUNDATION DUES-FORESTRY DEPT 55.00 42440 G & K SERVICES -TOWELS/COVERALLS-WATER DEPT/PARK MAINT/ 781.15 LIQUOR STORE 42441 DARRELL GEDNEY HOCKEY OFFICIAL/FEES PAID 170.00 42442 JOE GLEASON HOCKEY & SOFTBALL OFFICIAL/FEES PAID 351.00 42443 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAINTENANCE/FORESTRY DEPT 787.48 42444 W W GRAINGER INC 2 ELECTRIC MOTORS-WATER DEPT 326.74 42445 GRANT MERRITT & ASSOCIATES LTD -APRIL 8B LEGAL SERVICE-FLYING CLOUD 9011.25 LANDFILL 42446 ALAN GRAY MARCH 88 EXPENSES/DUES 225.00 42447 GUNNAR ELECTRIC CO INC REPAIR SOFT8ALL FIELD LITES-PARK MAINT 240.40 42448 HACH CO LAB SUPPLIES-WATER DEPT 112.83 42449 C F HAGLIN & SONS CO SERVICE-COMMUNITY CENTER REPAIR 59211.D0 42450 HALE COMPANY INC INSPECT 8ATTERY BACKUP-EQUIPMENT MAINT 98.00 42451 HENNEPIN COUNTY CHIEFS OF POLICE SCHOOLS-POLICE DEPT 280.00 42452 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 354.00 42453 HODGES BADGE COMPANY INC RIBBONS-POOL LESSONS 52.50 42454 JUDY HOEL -1988 ICE SHOW STAGE MANAGER-COMMUNITY 130.00 CENTER 42455 HOFF & ALLEN LEGAL SERVICE 862.68 42456 HONEYWELL INC CHART-WATER DEPT 80.05 42457 ALLENE HOOKOM EXPENSES-HISTORICAL & CULTURAL COMMISSION 20.07 42458 MICHAEL J HOSTETLER HOCKEY OFFICIAL/FEES PAID 145.00 42459 INSIGHT SU8SCRIPTION SERVICE SUBSCRIPTION-FORESTRY DEPT 12.75 320581 MAY 17,1988 42460 IBM 4 42461 ICMA MAY 88 MAINTENANCE AGREEMENT-CITY HALL 480.51 2462 ICMA BOOK-PLANNING DEPT 42.70 RA y 42463 INDEPENDENT SCHOOL DIST #272 -SERVICE-YOUNGD AUDIENMINIST CETIVE CONCERTS-HISTOR- 62 ICAL & CULTURAL COMMISSION 620.00 .00 42464 INDUSTRIAL LIGHTING INC LIGHT BUL8S/FUSE-WATER DEPT 42465 INSTY PRINTS PRINTS-PLANNING DEPT 88.00 42466 INTL SOCIETY OF FIRE SERVICE DUES-FIRE DEPT 8.00 42467 ISS INTER SERVICE SYSTEM JANITORIAL SUPPLIES-CITY HALL 60.00 4246E B H JENKINS REFUND-BLDG DEPOSIT 130.76 42469 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-WATER DEPT/FIRE DEPT 90.30; 42470 ROGER JOHNSON AIRCRAFT RENTAL-PLANNING DEPT 34.0 23 .00 42471 KRAEMERS HOME CENTER -EXTENSION CORDS/ROLLERS/PAINT-PDLICE DEPT 36.47 42472 LANG PAULY & GREGERSON LTD WATER DEPT/PARK MAINTENANCE -LEGAL SERVICE-FEBRUARY 88 LANDFILL/ 23009.35 42473 LOGIS JANUARY 88 42474 LYMAN LUMBER CO MARCH 88 SERVICE 8111.68 TIMBERS-PARK 42475 MACQUEEN EQUIPMENT INC -TOW BAR/DRIVE SPROCKETS/DRIVE CHAIN/BEAR- 372.84 42476 MCGLYNN BAKERIES INC INGS/FITTING-EQUIPMENT MAINTENANCE 42477 MEDICAL OXYGEN & EQUIP CO EXPENSES-FIRE DEPT 91.61 42478 MERLINS HARDWARE HANK OXYGEN-FIRE DEPT 51.15 42478 METRO PRINTING INC PLEXIGLASS SHIELD-PARK MAINTENANCE P8.80 -PRINTING FORMS/ENVELOPES/PROPERTY 344.00 42480 METRO WASTE CONTROL COMMISSION APRILECE 88 SAC ICHARGES/FIRE DEPT 42481 MIDLAND PRODUCTS CO SUPPLIES-SPECIAL EVENTS 27794.25 '482 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 92.35 483 BRIDGET MILLER SERVICE-HUMAN SERVICE DIRECTORY 266.00 42484 MARION MILLER SUPPLIES-KIDS KORNER 66.00 42485 MINNESOTA COMMUNICATIONS CORP -APRIL & MAY 88 PAGER SERVICE 16.95 WATER DEPT 139.14 42486 MN CONWAY FIRE & SAFETY -AIR CYLINDER-WATER DEPT/UNIFORMS & EQUIP 539.95 42487 MINNESOTA DAILY MENT REPAIR-FIRE DEPT EMPLOYMENT ADS-COMMUNITY CENTER 42488 MINNESOTA SUBURBAN NEWSPAPERS INC EMPLOYMENT ADS-COMMUNITY CENTER 32.00 42489 MINNESOTA VALLEY LANDSCAPE INC EQUIPMENT RENTAL-FORESTRY DEPT 593.75 42490 MTI DISTRIBUTING CO -LYNCH PINS/SWITCHES/WASHERS/FRICTION 593.75 WHEEL-EQUIPMENT MAINTENANCE 95.13 42491 MY CHEESE SHDP EXPENSES-FIRE DEPT 42492 NATL FIRE PROTECTION ASSN SUBSCRIPTION-FIRE DEPT 16.31 42493 NATIONAL LEAGUE OF CITIES CONFERENCE-COUNCILMEMBER 75.75 42494 NATIONAL SCREENPRINT 72 T-SHIRTS-COMMUNITY CENTER 75.00 42495 NATIONWIDE ADVERTISING SERV INC EMPLOYMENT ADS-HUMAN RESOURCES 149.94 42496 JIM NELSON-MEGA SALES OFFICE SUPPLIES-LIQUOR STORE 149.94 42487 BETH NILSSDN 1988 ICE SHOW DIRECTOR-COMMUNITY CENTER 314.85 42498 J P NOREX INC -WATERMAIN REPAIRS-WALLACE ROAD/VALLEY 023.44 VIEW RD/TIMER LAKE DRIVE 2023.44 42499 NORWEST BANK MPLS NA BOND PAYMENT 42500 OFFICE PRODUCTS OF MN INC 1988 MAINTENANCE AGREEMENT-CITY HALL 17125. 42501 OLSEN CHAIN & CABLE CO INC -HOOK/TURNBUCKLES/CABLE CLIPS-SEWER DEPT/ 125.00 0 PARK MAINTENANCE 86.73 69502 KIM OREN SOFTBALL OFFICIAL/FEES PAID iO3 P & H WAREHOUSE SALES INC -CONTROL ASSEMBLY/CONTROL BUSHING/SOLENOID 30.00 PARK MAINTENANCE 54.51 863D714 MAY 17,1988 42504 JOHN H PALMER REFUND-BUILDING PERMIT 1080.00 ii42505 PARK 2506 PEDERSONO SELLS LLET MEQUIP LCOE INC R COUPLINGS/MOTOR-EQUIPMENT MAINTENANCE 54 SERVICE 01.29 42507 PENNSYLVANIA OIL CO LUBRICANTS-EQUIPMENT MAINTENANCE 414.42 42508 PEPSI/7-UP BOTTLING CO SUPPLIES-SOCIAL EVENTS 67.50 42509 T A PERRY ASSOCIATES INC REPAIR CAR WASH-POLICE BLDG 73.50 42510 PERSONNEL POOL TEMPORARY EMPLOYMENT-GENERAL SERVICES 288.32 42511 CONNIE L PETERS MILEAGE-COMMUNITY CENTER 16.75 42512 PHOTOS INC PRINTS-PLANNING DEPT 232.50 42513 PATRICIA PIDCOCK EXPENSES-COUNCILMEMBER 100.00 42514 THE PINK COMPANIES CASTERS-POLICE DEPT 200.00 42515 POLAR CHEVROLET & MAZDA 6 SQUAD CARS-POLICE DEPT 71592.D0 42516 POMMER COMPANY INC PLAGUES/TROPHIES-SPECIAL EVENTS 252.00 42517 PRAIRIE ENTERTAINMENT ASSOCIATES OVERPAID TRAFFIC STUDY FDR MAJOR CENTER 280.00 42518 PRAIRIE HARDWARE -TAPE/POWER OUTLET CENTER/OUTLETS/ 109.00 -BATTERIES/BOLTS/NUTS/SCREWS/PLUNGER/ DEPT 42519 PRESERVE INSURANCE AGENCY LIABILITYPOLICE INSURANCE-CITY HALL 42520 PRIOR LAKE AGGREGATE INC GRAVEL-STREET MAINTENANCE 1780.00 42521 PROTOOL SAFETY GLASSES-STREET MAINTENANCE 9.30 42522 PSQ LEASING & MAINTENANCE TELEPHONE REPAIR-SENIOR CENTER 167. 42523 MN REAL ESTATE JOURNAL SUBSCRIPTION-ASSESSING DEPT 165.00 0 45.00 42524 RANDOM SPECIALTIES REFUND-OVERPAYMENT UTILITY BILLING 2391.05 42525 EDNA RANNOW REFUND-ROUND LAKE PARK BLDG RENTAL 15.00 42526 AAGE REFFSGAARD DUES-BUILDING DEPT 10.00 42527 RETAIL DATA SYSTEMS OF MN STATIC MAT-LIQUOR STORE 48.71 42528 ROLLINS OIL CO FUEL-EQUIPMENT MAINTENANCE 7268.00 529 RODNEY W RUE EXPENSES-ENGINEERING DEPT 149.00 .530 SAFETY KLEEN CORP -LUBRICANTS/EQUIPMENT RENTAL-EQUIPMENT 113.00 MAI 42531 SAINT PAUL BOOK & STATIONERY CO OFFICEANCE/PARK SUPPLIES-POLICENANCE DEPT/COMMMUNITY 112.27 CENTER/KIDS 42532 SARGENT WELCH SCIENTIFIC CO ELECTRODE-WATERNER DEPT 42533 KEVIN W SCHMIEG FEBRUARY 88 EXPENSES53.95 42534 SCHMITT MUSIC CENTERS PRINTED MUSIC-ART & MUSIC 200.00 42535 RICK SCHOEN HOCKEY OFFICIAL/FEES PAID 51.00 42536 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT 999.63 42537 SEARS ROEBUCK & CO -FASCIA BOARDS-HOME PROGRAM/COVERALLS/DADO 331.97 42538 KEN SERDAR PARK MAINTENANCE L OFFICIAL/FEES PAID 196.00 42539 SHAW LUNDQUI5r ASSDCIATES INC -INSTALL LRECEPTACLES-ADMINISTRATION BLDG- 640.00 DEPT 42540 SIMPLEX TIME RECORDER CO DUCTRDETECTOR ASSEMBLY-COMMUNITY CENTER 413.00 42541 STEVEN R SINELL APRIL 88 EXPENSES 42542 CORY SMITH HOCKEY OFFICIAL/FEES PAID 68.0026 .00 42543 SNAP ON TOOLS CORP -WRENCH/BLOW GUN/HAMMER/WRENCH SET/ COMPRESSOR-EQUIPMENT MAINTENANCE 344.50 42544 SNYDER DRUG STORES INC -FILM DEVELOPING/TAPE/FILM-COMMUNITY 40.02 CENTER 42545 SOUTHWEST AUTO SUPPLY INC -FLOOR MATS/FILTERS/BULBS/BRAKE SHOES/ 1623.02 -BATTERIES/CARBURETOR/FLOOR MATS/BRAKE -PADS/FUEL PUMPS/SHOCKS/GREASE GUN HOSES/ -VOLTAGE RETURNER/TUBES/TEMPERATURE -CONTROL/HOSE FITTINGS/GASKETS-EQUIPMENT MAINTENANCE 9189280 as-ye MAY 17,1988 42546 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/EMPLOYMENT ADS- 887.17 II 2547 SPORTS WORLD USA COMMUNITY CENTER JACKETS-PARK MAINTENANCE/LOGDS/STOP 159.40 WATCHES-ROUND LAKE PARK 42548 SHAWN SPRIEGEL -1988 ICE SHOW STAGE MANAGER-COMMUNITY 130.00 CENTER 42549 STAR PLUMBING & EXCAVATING REFUND-BUILDING PERMIT 42550 STAR TRIBUNE SUBSCRIPTION-CITY HALL 41.00 42551 STATE TREASURER APRIL 88 BUILDING SURCHARGE70.20 42552 STS CONSULTANTS LTD SERVICE-WATER PLANT EXPANSION 4193.43772.94 42553 SUBURBAN CHEVROLET -ALIGNMENT/VALVES/FUEL PUMP/POWER WINDOW 279.37 -SWITCHES/SHIFT INDICATOR/COIL/HOUSING ASSEMBLY-EQUIPMENT MAINTENANCE 42554 SUNRISE PROPERTIES REFUND-SPECIAL ASSESSMENTS 328.50 42555 TANDEM PROPERTIES -REFUND-OVERPAYMENT DEVELOPMENT APPLICA- 740.00 42556 TARGET STORE #220 TION FEE 42556 DENNIS FIREPROOF LOCK BOX-PLANNING DEPT P9.99 42558 DENNSITTOREPI ST PAPER CO REFUND-BUILDING PERMIT 2248.00 42559 TWIN CITY OXYGEN CD PAPER TOWELS-POLICE DEPT 184.10 42560 UNIFORMS UNLIMITED OXYGEN/ACETYLENE-EQUIPMENT MAINTENANCE 24.52 UNIFORMS-FIRE DEPT 220.00 42561 UNIVERSAL BATTERIES-EMERGENCY LIGHTS-WATER DEPT 1405.86 42562 UNLIMITED SUPPLIES INC -SANDBLASTING UNIT-$6.99-EQUIPMENT MAINT/ 1182.69 -WASHERS/NUTS/BOLTS/CONNECTORS/COTTER PINS- EQUIPMENT MAINTENANCE/PARK MAINTENANCE 42563 VANS PINES INC TREES-FORESTRY DEPT 206.25 42564 VF INDUSTRIAL FINISHING REFINISH TRUCK TOOL BOX-EQUIPMENT MAINT 35.00 '565 VICOM INC MAY 88 TELEPHONE WIRE MAINTENANCE 5.25 .566 VIKING CHEVROLET CO -PICKUP-$6950.00-PARK DEPT/1/2 TON PICKUP- 38124.OD -$10324.00-WATER DEPT/3 PICKUP TRUCKS- $20850.00-STREET MAINTENANCE 42567 VIKING LABORATORIES INC CHEMICALS-POOL OPERATION 22.50 42568 VOSS ELECTRIC CO LIGHT BULBS-FIRE & POLICE BUILDINGS 72.60 42569 JIM WALTERS PAPERS INC XEROX PAPER-CITY HALL 560.00 42570 WATER PRODUCTS CO -25 5/8" METERS-$350.00/20 COUPLINGS- 3588.61 -$612.00/1 3/4" METER-$95.00/1 1/2" METER- -$295.00/PLUGS/NUTS & BOLTS/CONNECTORS/ -STRAINERS/SEALS/GASKETS/SCREWS/WIRE/ -GENERATORS/THREADED RODS/WASHERS/COVERS/ VALVE EXTENSIONS-WATER DEPT 42571 WATSON FORSBERG CO SERVICE-FIRE STATIONS #3 & 4 118517.00 42572 SANDRA F WERTS MILEAGE/EXPENSES-SENIOR CENTER 42573 LISA WESEN EXPENSES-SOCIAL EVENTS 71.38 42574 WEST PUBLISHING COMPANY PAMPHLETS-FINANCE DEPT/POLICE DEPT 25.50 25.50 42575 LISA WHITCOMB REFUND-STARING LAKE PARK BUILDING RENTAL 53.00 42576 WILCO PUBLISHING CO BOOKS-PARK PLANNING 52.00 42577 WILSON TANNER GRAPHICS -COMPUTER PAPER/PRINTING POLICE MANUALS/ 963.90-ENVELOPES-WATER DEPT/SIGNS-PARK DEPT/ -APRIL NEWSLETTER & EMPLOYMENT APPLICATION FORMS-HUMAN RESOURCES 4257E KEN WORDE HOCKEY OFFICIAL/FEES PAID 229.50 42579 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-STREET MAINTENANCE a758D ZIEBART OF MN INC -RUSTPROOFING-EQUIPMENT MAINTENANCE/WATER 356.50 DEPT 356.50 ,.581 NODLAND CONSTRUCTION CO -SERVICE-HIDDEN GLEN 3RD ADDITION/WYNDHAM 119931.52 CREST Lig F 29577463 42079 VOID OUT CHECK 2083 VOID OUT CHECK 322.80 2136 VOID OUT CHECK 108.17 42241 VOID OUT CHECK 32637 890.94 42288 VOID OUT CHECK 890.15- 42339 VOID OUT CHECK 111.00- -716106 25.00 $1453285.38 At DISTRIBUTION BY FUNDS 10 GENERAL 318810.11 t CERTIFICATE OF INDEBT 72614.52 6 LIQUOR STORE-p V M 46005.24 17 LIQUOR STORE-PRESERVE 26396.60 22 STATE AID CONST 1341.72 30 CASH PARK FEES 420.00 31 PARK ACQUIST & DEVELOP 61617.70 33 UTILITY BOND FUND 421143.00 39 86 FIRE STATION CONSTRUCT 126017.00 44 UTILITY DEBT FUND 73885.10 45 UTILITY DEBT FD ARB 1075.00 51 IMPROVEMENT CONST FD 211537.60 52 IMPROVEMENT DEBT FUND 11046.75 73 WATER FUND 46369.65 77 SEWER FUND 31550.40 81 TRUST & ESCROW FUND 745.60 87 CDBG FUND 210.00 91 T I F DEBT FUND 299.39 $1453285.36 457 14 MEMO TO: City Council FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Director of Planning DATE: May 12, 1988 RE: DRAFT ORDINANCE REGARDING RECREATIONAL VEHICLES Included in your Council packet are: January 4, 1988, memo on Storage of Recreational Vehicles in Residential Districts. Planning Commission minutes of February 8, 1988. December 10, 1987, letter from the Topview neighborhood. February 3, 1988, letter from resident. May 2, 1988, letter from resident. Draft Ordinance from Roger Pauly's Office (for discussion purpose). The Planning Commission did request to have the draft Code returned to them between the Council's 1st and 2nd Reading. At the Planning Commission's February 8, 1988, meeting, it was also discussed that if a recreational vehicle is grandfathered in it should be expected to be brought into conformance (inv2 years) as to location upon the lot if a conforming location exists. Residents interested in this item have been notified that discussion of an ordinance will appear on the Council's May 17, 1988, agenda. Please refer back to the January 4, 1988, memo for information on the following: Windshield survey results. Requirements from other communities. Estimated increase in complaints Staff would anticipate. Staff will prepare a public hearing notice for 1st Reading of a Code amendment at the Council's direction. I ., I MEMO TO: City Council FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Director of Planning DATE: January u, 1988 RE: Storage of Recreational Vehicles in Residential Districts City Zoning Code does not define recreational vehicles or regulate their placement on residential lots. Staff does receive inquiries from individuals contemplating a home in Eden Prairie, who wish to park their boat or camper on the lot and inquiries from residents objecting to the recreational vehicles. If Staff receives a complaint about a vehicle parked upon the grass in a front yard, the owner is requested to relocate the vehicle to the drive, garage, or another part of the yard. If a complaint is received about a recreational vehicle upon a driveway and projecting over a sidewalk or curb, the ovmer is requested to correct the situation. In Eden Prairie one easily sees the full line of recreational vehicles. Residents own snowmobiles, small fishing boats, large day cruisers, small and large sailboats, canoes, pop—up campers, tow campers, motor hones, all terrain vehicles, hunting vehicles, trailers, etc. In some instances, the parking is seasonal because some boats are taken to lakes in the summer. Recreational vehicles are found parked upon driveways, in sideyards, in rear yards, under decks, and occasionally in front yards. They are rarely found in garages, because of automobile storage and because the size of some recreational units are too large for a standard size garage stall. When homes are built out to the 5 or 10 foot sideyard setbacks insufficient space may remain to store recreational vehicles on the sideyard or to manuever them to the rear yard. Steep slopes on sides and rear can also prevent some homeowners from using these areas for storage. At the end of this memo is a fictional scenario of recreational vehicle parking. Staff did a random survey in December, 1987 of 15 Eden Prairie neighborhoods to compile information on the number of households which do park recreational vehicles outside and where they are parked. The following chart outlines what we found. Area Number of Lots Lots With Rec. Location of Rec. in Area Vehicles Vehicles Front Side Rear 1. Dellwood 90 11 6 2 3 2. High Trail 54 6 4 0 2 Estates 3. Edenvale 5th 16 3 2 0 1 Edenvale 10th 40 3 2 0 1 4. Kings Forest 55 10 5 4 1 5. Arbor Glen 49 0 0 0 0 6. Willow Creek 25 5 1 2 2 7. Valewoods 49 3 1 0 2 8. Lake Trail 44 7 4 1 2 Estates 9. Eickholt/Brace's 23 6 1 3 2 Bit 10. Lake Eden South 83 9 1 6 2 11. Northmark I 28 2 1 1 12. Olympic Hills 13 3 2 1 13. Bluffs West 33 5 2 3 14. Yorkshire Point 27 4 1 1 2 15. Crestwood 44 7 2 4 2 Li)(v1 — I 2 I a I a I s '' -6 1 I 8 ` . 9 1 10 1 y I _ 'A. )t.,_+. " `)' \ 11 , as .a Y.r/ , _. f ...... i atm_ .., • 14,, F 'y fir ©gg� \ 36, `. i' �• .oee + n r e � - • N awe/ !, ♦ vs .� . - .I .• ._ �� v / • ' d al M � Jam, o i+ r _ J am , r. „lolle 7 ., -- —moo ( _ ‘. J U i i i i i $ i i # i 1 i �'° 1 , 1 2 1 3 I a I s 1 6 I 7 1 e 1 s 1 10 • The count of lots with recreational vehicles may be low because this was a windshield survey done from the street and it is difficult to see the entire side and rear yards of some Lots. Of the 673 lots in this windshield survey 84 lots (12%) did have recreational vehicles stored outside. A direct comparison to the 7,000 single family lots in Eden Prairie would indicate an estimated 873 lots in the City with some type of outside recreational vehicle storage. At the end of this memo is a diagram illustrating some neighborhood scenarios. If residents I.:ere not allowed to park recreational vehicles in Residential Districts they would need to find storage space elsewhere. Some residents would apply for permits to construct storage buildings or detached garages in their rear yards to house their recreational vehicles. Staff' receives approximately 20 - 25 inquiries a year about recreational vehicles storage. If an ordinance is adopted limiting or prohibiting such storage, I would estimate 100+ complaints/year would be received. This would increase the Zoning Administration case load by 40%. The case load increase annually because of infill and growth is 25%. Staff checked with the cities of Minnetonka, Maple Grove, Chanhassen, Edina, and Bloomington to learn how they are regulating recreational vehicles. Their situations are as follows: Minnetonka Allows up to 4 units (includes boats, trailers, campers, etc.) outside on a residential lot. If a unit is parked in the front yard, it is to be placed upon the hard-surfaced area. Units can also be parked in side or rear yards with no minimum setback from the property lines. All units are to be owned by the household. The Minnetonka ordinance is about 6 months old and is enforced by building inspectors in the Community Development Department. Maple Grove Does not regulate recreational vehicles in residential districts. Chanhassen Allows recreational vehicles in side or rear yards. If a vehicle is parked in the front it must be screened. The Chanhassen Planning Department reviews vehicle parking on a complaint basis. Edina Allows one recreational vehicle per dwelling unit. The vehicle is to be parked on the driveway and maintain a 15 foot setback from the street and 5 foot setback from the side property line. Bloomington Allows recreational vehicles less than 7 feet in height to be stored in side yards or rear yards. Vehicles in excess of 7 feet are permitted if they meet the building setback minimums. /ii-33 0, ,- - or j I _ DD NEIGHBORHOOD SCENARIOS "INN W Lot 1 has parked in the side yard a small camper. If lot 2 has garage space adjacent to this sideyard the parked camper will pro- bably not concern the neighbor. I 1 Lot 2 has a large cabin cruiser in the rear I I rig Aillr yard. A boat such as this may impact homeowners on lots 3,6,7 & 8. �--- o Lot 4 has parked upon the driveway a large boat which fills the area from the garage to the curb. A large boat on a driveway can dominate the 'streetscape'. The side and rear yard of this lot could be too steep to locate the boat in the side or rear yard. I I Lot 5 has a small sailboat on the driveway. This type of storage is not the type the staff usually receives a complaint on. Lot 10 has a small sailboat in the side yard. V N This can be of concern to the homeowner on ❑ lot 9 if living or dining room windows face that direction. II I Lot 11 has a small boat on the driveway and one parked in the side yard. If the boats are o, well maintained complaints may not be received. W lill LI Lot 13 has 3 recreational units, a fishing boat, a sailboat , and a camper. Even though the units Li are in the side and rear yard, they may impact the views from windows of homes on lots 9,10,17& 18. Lot 15 has a sailboat in the sideyard and a Ahunting vehicle parked in the rear. Because the ! t3, 9u-' Li sailboat is small and a heavy stand of trees ____i separate lot 15's rear yard from other yards, Icomplaints would not be expected. § 19.45 BLOOMiNGTON CiTY CODE § 19.50 or unloading or rendering a service. No more than one commercial vehicle shall be parked on or adjacent to a platted residential lot at any time except when loading or unloading or rendering a service. The word "platted" as used in this section shall include actual plats, registered / g land surveys, and auditor's subdivisions. 1/ fi' (Code, 1958 § 8.09; Village Ord. No. 179, 3-16-59; Ord. No. 54, 12-18-61. renumbered to § 8.06; 1, Ord. No. 77-47. 8-8-77; Ord. No. 78-46. 6-10-78) SEC. 19.46. TENTS. No tents shall he erected, maintained or used in any nonresidential district unless the owner or occupant of the premises where the tent is to be placed shall first be issued a con- ditional use permit in accordance with the provisions of Article II of this Chapter. (Code, 1958 § 8.07; Added by Ord. No. 54, 12-18-61; Ord. No. 64-62, 7-20-64) SEC. 19.47. HEIGHT. in all residential districts, the required setback shall be increased by two feet for each foot of height of the structure over 25 feet. (Code, 1958 § 8.08; Added by Ord. No. 54, 12-18-61) SEC. 19.48. EXCEPTIONS TO MiNIMUM FLOOR AREA REQUIREMENTS. (a) In districts where restaurants are allowed as permitted or conditional uses and the minimum floor area requirements of the district for the principal building are in excess of 10,000 square feet, the minimum floor area requirements for restaurants is 10,000 square feet. If, however, the restaurant is included in or is a part of a principal building which meets the minimum floor area requirements of Section 19.41 of this Code, there shall be no required mini- mum floor area for that restaurant. (b) The minimum floor area requirements of Section 19.42(c) shall not be applicable to: (1) Planned business developments, or (2) Gasoline service stations when they are included in an integrated roadside deve- lopment. (Code, 1958 § 8.09; Added by Ord. No. 64-17, 3-2-64; Ord. No. 73-53, 8-20-73; Ord. No. 74-44, 5-20-74) SEC. 19.49. EXCEPTIONS TO CONSTRUCTION REQUIREMENTS. When a building is sought to be erected in any zoning district by a governmental agency ( for the purpose of storage of chemical road materials, to protect against any adverse impact which might be caused by such outside storage, the construction requirements of the zoning district in which the building is to be located need not be complied with so long as the pro- posed building has been reviewed by the Planning Commission and has been approved by the City Council as: • (1) Necessary for environmental protection; (2) Not contrary to the purposes of the zoning code and the purposes of the zoning district in which the building is to be erected; (3) Not having an appearance which will adversely affect adjacent uses; (4) Having the building sufficiently separated by distance or screening from adja- cent residentially zoned or used land so that existing homes will not be depreciated in value and so that there will be no deterrence to development of vacant land. (Code, 1958 § 8.10; Added by Ord. No. 74-41, 5-20-74) ARTICLE V. PERFORMANCE STANDARDS SEC. 19.50. EXTERIDR STORAGE. (a) in R (Residential) Districts - (1) 7111 materials, machinery and equipment shall be stored within a building or fully screened so as not to be visible from adjoining or adjacent lands, except for the following: laundry drying and recreational equipment; construction materials, machinery and equipment currently being used on the premises; landscaping and agricultural equipment and machinery currently being used or intended for use on the premises; off-street parking of passenger mobiles and pick-up trucks; trash and garbage receptacles. 2) Majpr recreational equipment, defined for the purposes of this Article as travel trailers, ckup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, less than seven feet in height above the ground may be stored in any side or rear yard except when such yard is adjacent to a street. In addition to the general seven-foot height permitted, minor portions of such equipment not exceeding four square feet in vertical cross-section as viewed from the adjacent lot line is permitted. Exterior storage of such +\ equipment which is seven feet or more in average height above the ground is prohibited except in the buildable portion of a lot. No major recreational equipment shall be used for living, sleeping or housekeeping purposes when stored on a residential lot. No such equipment shall be stored out of doors on residential premises unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state; in no event shall any such equipment be so stored for a period of more than 90 days if not in condition for safe and efficient performance of its intended function. c,i • ORG. /03/-4/ (c) . Recreational Vehicles: campers, pickups with campers or mounted toppers, mobile homes, all terrain vehicles, marine craft, camping trai- lers, and snowmobiles. Also a trailer used to . transport recreational vehicles shall itself ( be a recreational vehicle under this ordinance. (d) Hard Surfaced: all-weather, durable, dust- ( free surfacing material. (e) Screen: An opaque fence at least the height of the recreational vehicle and of a design, color and material similar to the house or garage to which it is adjacent. ( 2. Permitted Storage. ( Numerical Zoning Permitted Restrictions on Type of Vehicle Districts Location Permitted Vehicles (a) Automobiles; motor- R1, R2, On the driveway No restriction. cycles; or trucks, PRD 1-2 not within 15 C pickups or vans feet of street under 9,000 pounds. curb and not within 5 feet of lot line. - R 1-5, In a garage or No restriction. PRD 1-5 other lawfully con- structed building. R 3-5, On any hard sur- No restriction. PRD 3-5 faced area. 41 Recreational R1, R2, On the driveway One vehicle per dwelling C vehicles. PRD 1-2 not within 15 ft. unit. When recreational C of street curb vehicle(s) on trailer, and not within 5 the trailer and vehicle(s) ft. of the lot shall be considered one line. vehicle. R 1-5, In a garage or No restriction. r PRD 1-5 other totally en- closed, lawfully constructed buil- ding. R 3-5, On any hard sur- One vehicle per PRD 3-5 faced area. dwelling unit. (c) Commercial usage All resi- In a garage or No restriction. vehicles and dential other lawfully unmounted campers constructed buil- and toppers. ding. ( (it,. I) i5/- �4d /mil 4/4✓2 IG77/�'Cc. • cluttered and otherwise unsightly areas. (cl prevents the full use of residential streets for residential parking. (d) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited (el decreases adjoining landowners and occupants' enjoyment of their property and neighborhood. and (f1 otherwise adversely affects property values and neighborhood Patterns. 1- Unlawful Parking and Storage_ ai No person may place. store, or allow the placement or storage of ice fish houses. skateboard ramps. Playhouses or other similar non-permanent structures outside continuously for longer than 24 hours in the front-yard area of residentially-zoned property. unless more than 100 feet back from the front property line_ 12, No person may place. store. or allow the placement or storage of pipe. lumber. forms. steel. machinery. or similar materials, including all materials used in connection with a business , outside or, residentially-zoned property. unless shielded from public view by an opaque cover or fence. r,. No person shall cause. undertake. permit or allow the • outside parking and storage of vehicles on residentially-zoned property unless it complies with the following requirements: O No more than four vehicles per lawful dwelling unit may be parked or stored anywhere outside on A-1 and R-2 zoned property. excluding vehicles of occasional guests who do not reside on the . property. Vehicles which are parked or stored outside in the front yard area must be on_ a paved or graveled parking or driveway area. iii. All vehicles. watercraft. and other articles stored outside on residential property must be owned by a person who resides 0n that Property. Students who are away at school for periods of time__but__s_tiJl claim the property as their legal residence shall be considered residents on the property. No person owning, driving or in charge of any vehictn with a weight classification G through T inci • e as specified in Minn. St at. S158_._0 i. Subd. lei may cause or _permit that vehicle to be .Parked outside or to stand continuously fox more than tto hours on any Property or public street within a residential zone in the city. 4. Exceptions. The prohibitions of this- section shall not apply to the following. 6 Loon Prairie Planning Co--ission February 8, 198E Page B. LIMITATION OF STORAGE IN YARD SETBACKS Proposed City Code Amendment Franzen introduced Zoning Administrator Jean Johnson who has been researching and drafting an ordinance increasing restrictions on storage of recreational vehicles in residential districts. Johnson stated that the residents petitioning a change as well as those affected by the change were notified of this meeting before the Commission. She continued that the purpose of her presentation was further review before drafting the ordinance for final approval Joy Commission and City Council. Bye commented that if recreational vehicles are permitted, they must be screened. Johnson stated that the suaaested height variance would be 7 ft., length of 10' , and a grandfathering clause. Commission Members discussion focused on storage allowed in front yards, screening accomplished without blue tarps, grandfathering be associated with present vehicle not homeowner, and 7 ft. height would ban all recreational vehicles, as well as most vans. Fell inquired if there was a time period for storage on automobiles and boats. Johnson responded that all vehicles must be operable and licensed. MOTION: Motion was made by Ruebling and seconded by Bye to recommend to the City Council that the draft of the Limitation of Storage ir. Yard Setbacks include the following: 1) the grandfathering be stipulated to specific vehicles; 2) all vehicles licensed and operable; 3) consider height limit that of a recreational vehicle; and 4) minimize storage in front yards. Motion carried 5-0-0 VII. PLL.NNEP.S P.FPORT None VIII. ADJOURNMENT Motion was made by bye and seconded by Fell to adjourn the meeting at 8:35 PM. Motion carried 5-0-0 December 10, 1987 Mr. Carl Julie City Manager Eden Prairie City Hall 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Julie: As residents of Topview Acres in Eden Prairie, an area of single family homes, we wish to propose that an ordinance be put forth regulating the size, type, quantity and length of time that recreational, sport and miscellaneous equipment can be stored on one's property. An example of our concern is a "Lake Superior" type boat being stored at 7275 Topview Road. It is approximately 30 feet long, 20 feet high, and is covered by a bright blue plastic tarp. This is clearly visible for at least two blocks. Also, at this resi- dence there is a snowmobile on a trailer and another boat on a trailer being stored on a long term basis. Communities surrounding Eden Prairie have ordinances regulating such storage. Examples are Edina and Bloomington. Also, local areas, as the Preserve and Cardinal Creek, have restrictions governing this kind of situation. Why is it that one area of Eden Prairie has regulations and another doesn't? A city ordinance would eliminate such inequities and unify our city's appearance. • Eden Prairie is developing a reputation as a beautiful and prime area in which to live. If situations like the one described at 7275 Topview Road are allowed to continue ungoverned it will foster more storage of all kinds of material. The neighborhood's appearance will suffer dramatically and property values will fall. We ask the City Council, City Manager, and all concerned officials to put foreward a definitive plan designed to eliminate this type of storage. If other city governments have had the foresight to protect their constituent's investments, ought not Eden Prairie do the same? Respectfully, .— 7CL�. f Y7Lt�, 7. j 77u Ce' 'I.2 Jr/ i ollti cc: Gary D. Peterson, Mayor Patricia Pidcock, Councilmember Richard Anderson, Councilmember Dr. Jean Harris, Councilmember George Bentley, Councilmember 969 z2o 1 ,PJ We the undersigned agree and support the accompanying letter pertaining to storage and parking of recreational vehicles in the Topview area and all of Eden Prairie... 7"45 /233' -1 a 2_ 1 1 1\IZ C44.44,./xt— S k016-All 193 --/1062i0 . 131,1, )21,L, C (114,—(1-4)—(2e_ II Zee- Tic;79 --k• 7 I-) 0 7 epki-clic.ft-o g-e-ct-C a ki-e/ , , c„ 1,-4c-• ' xptiLL_7:) L/0 04 pi 16,(- L 22.1 FEB 11 i9g8 4/C‘' Ca-7-)c-e - LL CET.J. " MEW 18220 S, Shore Lane W. Eden Prairie, Mn 55346 February 3, 1988 • Jean Johnson City Zone Administrator Eden Prairie City Hall 7600 Executive Drive Eden Prairie, MN 55344 Dear Jean, I am writing in regard to an article in the February 3rd issue of the Eden Prairie News. This article pertained to a new ordinance about the storage of large boats or other recreational vehicles on residential property within Eden Prairie. I. have been an Eden Prairie resident for 20 years and a boat owner for 1 year. I own an 18 foot runabout which I store along side my driveway on my grass during the late spring, summer, and early fall. During the past winter I stored the boat offsite at an indoor storage place for boats and other recreational vehicles. I can appreciate the concern expressed by some Eden Prairie residents about the unsightly storage of vehicles and other paraphenalia that make the neighborhood look unsightly, however, I believe there arc limits of reasonableness. In defining these limits there are several issues that need consideration. 1. The total height of the vehicle from the ground (including the trailer it may be mounted on. 2. T1u total length of the vehicle, excluding the tongue of the trailer (since it rests close to the ground). 3. '11ie amount. of time during the year in which the vehicle is stored on the residential property. 4. The amount of distance from the road to the location of the vehicle. In my own case the boat is an olx'n bow runabout which is rests about 5 feet above ground when mruntad on the trailer, however the windshield is just over 7 feet alcove the ,round when the boat is mounted on the trailer. The length I of the hull of the boat is 18 feet excluding the engine mounted on the rear of the boat and the tongue of the trailer which extends in front of the boat. The boat is stored on my property approximately mid May through early October. The boat is parked approximately 25 back from the road on the side of my driveway. That is the only place I can park my boat since the house is located on a hill where the landscape slopes down away from the road on both sides of my house. The rear of my house is not accessible with the car. I have not received any complaints from my neighbors about my parking the boat on my propety during these times. Two of my neighbors across the street have boats of similar size which they park on their property during the whole year. I do not find this objectionable and I do not believe vehicles of this side detract in any way from the property value of our hones. Boats of this size are meant to be trailered to local lakes. As I mentioned earlier, I am not opposed to an ordinance as long as it represents a reasonable limitation and does not inadvertantly cover a lot of smaller boats like mine. Consider an ordinance as follows: The ordinance should cover any boat whose hull length exceeds 20 feet. There shall be a limit of one recreational vehicle stored per dwelling unit. The vehicle must be stored at least 20 feet from the road. If you find it necessary to add other dimensional requirements, exclude the impact of the trailer it is mounted on. Thanks for your consideration. Sincerely l Dick Gunderson 937-8322 JOH:N C. AND MARILYN K. MARTINSEN 7225 Eden Prairie Road Eden Prairie, MN 55346-1712 May 02, 1988 Ms. Jean Johnson City of Eden Prairie 7600 Executive Drive Eden Prairie, Mn 55346 Dear Ms. Johnson: Enclosed please find some sample ordinances for Recreational Vehicles in other cities. They all have some good parts that I would like to have considered. I have attached remarks on some of the sections. Please advise me when hearings will start. If I can be of any assistance , please feel free to contact me at 349-3391 or 937-8242. Sincerely, John C. Martinsen q()LI CALIFORNIA, Vallejo Serving on committees and attending meetings can result in favorable legislation.That's what the RV owners of Vallejo,California,found out when that community was in the process of drawing up an ordinance to regulate RV parking. Representatives of the Good Sam Club and other RV organizations were invited to attend meetings with the City Council and deputy city attorney of Vallejo to offer their suggestions and opinions on the direction that the ordinance should take.After a number of meetings that generated input from all segments of the community,the final form of the ordinance was agreed upon and voted into law. In addition to permitting RV storage on residential property, the ordinance provides for temporary use for sleeping purposes by friends,relatives or visitors for a period not to exceed 30 days in any one calendar year. ORDINANCE NO.218 N.C.(2d) AN ORDINANCE OF THE CITY OF VALLEJO AMENDING THE VALLEJO MUNICIPAL CODE BY ENACTING,ADOPTING AND ADDING THERETO,A NEW CHAPTER TO TITLE 7,SAID NEW CHAPTER TO BE NUMBERED CHAPTER 7.96, PROHIBITING THE OCCUPANCY OR USE OF MOBILE LIVING UNITS AS DEFINED THEREIN BY ANY PERSON FOR LIVING OR SLEEPING PURPOSES UPON ANY STREET,ALLEY,LANE, • HIGHWAY,MUNICIPAL OFF-STREET PARKING LOT,OR OTHER PUBLIC PLACE.OR UPON ANY LOT, PIECE,PARCEL, OR TRACT OF LAND WITHIN THE CITY OF VALLEJO: SUBJECT TO CERTAIN EXCEPTIONS AS EXPRESSED THEREIN; EXEMPTING THE PARKING OR STORAGE THEREOF WHEN NOT USED FOR LIVING OR SLEEPING PURPOSES IN VIOLATION OF CITY ORDINANCES OR REGULATIONS;PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE AND A SEPARABILITY CLAUSE;AND REPEALING SECTION 10(a)OF ORDINANCE NO.430 N.C., AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT OR INCONSISTENT THEREWITH. The Council of the City of Vallejo does ordain as follows: SECTION I.The Vaiiejo Municipal Code is hereby amended by enacting,adopting and adding thereto a new chapter to Title 7,said new chapter to be numbered and read as follows: CHAPTER 7.96 MOBILE LIVING UNITS Section 7.96.010. DEFINITIONS,As used in this Chapter: "Mobile living unit"means a camp car,commercial coach,mobile home, recreational vehicle,or travel trailer as each of these terms is defined in Chapter I (Sections I8000-18013), Part 2(Mobile Homes)and in Chapter I (Sections 1820(1-18220). Part 2.1 (Mobile Homes Parks Act),Division 13 of the Health and Safety Code of the State of California,and a camp trailer. housecar,or trailer coach,as each of these terms is defined in Division I (Sections 100-675)of the vehicle Code of the State of California,or any other vehicle or structure originally designed, or permanently altered in such a mariner as will permit occupancy or use thereof for living or sleeping purposes,and so designed or equipped with wheels,or capable of being mounted on wheels and used as a conveyance on public streets or highways,propelled or drawn by its own 21 - - q'r or other motive power,excepting a vehicle or device used exclusively upon stationary rails or tracks. "Person"means and includes any natural person,partnership, firm,company, corporation, trust.or unincorporated association. Section 7.96.020. USE OR OCCUPANCY OF MOBILE LIVING UNITS FOR SLEEPING PURPOSES PROHIBITED: EXCEPTIONS. It shall be unlawful for any person to occupy or use any mobile living unit for living or sleeping purposes upon any street,alley,lane,highway. municipal off-street parking lot.or other public place,or upon any lot,piece.parcel,or tract of land within the City of Vallejo excep(as provided below and in Sections 7.96.040 and 7.96.050 of this chapter: (a) Within a lawfully established and licensed mobile home park, recreational trailer park,travel trailer park,labor camp subject to Chapter 4 (commencing with Section 2610) Part 9,Division 2 of the Labor Code of the State of California.or other like facility which is designed and equipped to operate for the purpose of providing temporary or permanent accommodations for such mobile living units:and (b) A mobile living unit may be occupied or used for sleeping purposes on y by friends, relatives,or visitors on land entirely owned by or leased to the host person for a period of not to exceed thirty(30)days in any one calendar year,provided that said mobile living unit shall not be connected to any utility,other than temporary electricity hookups,and provided further that the host person shall receive no compensation for such occupancy or use.All temporary electrical hokup facilities shall comply with applicable state law and the Vallejo Electrical—Code.No such mobile • living uni(s shall discharge my liner,sewage,effluent or other mailer except into sanitary facilities designed to dispose of such material. Section 7.96.030. PERMITTING PROPERTY TO BE OCCUPIED OR USED FOR SUCH PURPOSES PROHIBITED.Subject to the exceptions set forth in Sections 7.96.020,7.96.040 and 7.96.050 of this chapter,it shall be unlawful for any owner,lessee,or occupant of any lot,piece, parcel,or tract of land within the City of Vallejo.whether for gain,hire,reward,or gratuitously, or otherwise,to permit the'same to be occupied or used by any mobile living unit for living or sleeping purposes. Section 7.96.040.OVERNIGHT PARKING EXCEPTION.Nothing in this chapter shall he deemed to prevent the temporary occupancy,for sleeping purposes,of a mobile living unit for a single period of not more than fourteen (14) hours from the evening of one day to the morning of the next day,if lawfully parked on a public street,when the following conditions are met: (a) Said vehicle must conform to all applicable sections of the Vehicle Code of the State of California; (h) Said vehicle must have completely self-contained utilities,meeting all applicable codes and laws of the State of California governing such mobile living units, as defined in Section 7.96.010 of this chapter,or meeting such requirements in the jurisdiction of registration,if the vehicle is registered outside of the State of California: (c) The self-contained utilities described in(b)above must include toilet facilities: (d) Said vehicle,or the occupants thereof,may not discharge or discard any Inter.effluent,sewage or other matter into any public street or way or upon any private property while parked as provided in this section: (e) No mobile living Ifni(may be parked under the provisions of this section in any residential zoned district; and (f) No mobile living unit may he parked under(he provisions of this section anywhere in the City of Vallejo for two or more consecutive nights. ' Section 7 96 050. EXEMPTION FOR PARKING OR STORAGE ON OWNED OR LEASED PREMISES. Nothing in this chapter shall be deemed to prohibit the owner or operator of any mobile living unit from parking or storing his mobile living unit upon premises owned, leased,or othersvise lawfully occupied or used by him,so long as such mobile living unit is not occupied or used for living or sleeping.purposes in violation of the provisions of this chapter, Title 16,Zoning,of this Code,or any other applicable ordinance or regulation of the City of Vallejo. Section 7.96.060. PENALTIES.Every person violating any of the provisions of this :owl-,hall be deemed guilty of a misdemeanor,and upon a first conviction thereof shall be 22 n/ 110 punished by a fine not exceeding ONE HUNDRED DOLLARS($100.00),or by imprisonment in the County Jail for not exceeding thirty(30)days.or by both such fine and imprisonment,and upon a second conviction thereof shall be punished by a fine not exceeding TWO HUNDRED FIFTY DOLLARS($250.00),or by imprisonment in the County Jail for not exceeding ninety (90) days,or by both such fine and imprisonment,and upon a third or subsequent conviction thereof shall be punished by a fine not exceeding FIVE HUNDRED DOLLARS ($500.00),or by imprisonment in the County Jail for not exceeding six(6)months,or by both such fine and imprisonment. Every person continuing committing,or permitting any violation of the provisions of this chapter shall be deemed guilty of a separate offense for each and every day of said violation of this chapter. Section 7.96.070.ENFORCEMENT.It shall be the duty of any Police Officer,the Building Official,the Health Officer,and any other employee of the City of Vallejo designated by the City Manager by writing filed with the City Clerk,to enforce the provisions of this chapter. The Building Official,the Health Officer,or any regularly appointed employee of said Building Department or Health Department.and any other employee of the City of Vallejo so designated by the City Manager,are hereby empowered to make arrests and issue citations pursuant to Section 836.5 and 853.6 of the Penal Code of the State of California for violations of this chapter. SECTION 2.SEPARABILITY.If any section,subsection,sentence,clause,or phrase of this ordinance is for any reason held unconstitutional or invalid,such decision shall not affect the validity of the remaining portions of this ordinance.The City Council does hereby declare that it would have passed this ordinance in every section,subsection,sentence,clause,or phrase thereof,irrespective of the fact that any one or more sections,subsections,sentences,clauses.or phrases be declared unconstitutional or invalid. SECTION 3. REPEAL OF CONFLICTING ORDINANCES.Section 10(a)of Ordinance No.430 N.C.adopted March 27, 1961,and all other ordinances or pans of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE.This ordinance shall take effect and be in full force and effect from and after thirty(30)days after its final passage. First read at the regular meeting of the Council of the City of Vallejo held on the 18th day of March, 1974,and finally passed and adopted at a regular meeting of the City Council held the 25th day of March, 1974,by the following vote: AYES: Councilmen Bertuzzi,Cunningham,Cupola,Douglas and Sibley NOES: None ABSENT: Councilmen Asera and Dubnoff,excused. Signed/FLORENCE E.DOUGLAS Mayor ATTEST: Signed/HELEN G.SEEBER City Clerk • a3 grn FLORIDA, Boynton Beach Good Samers in Boynton Beach,Florida,won a decisive victory and one of the most liberal RV parking ordinances on the books. • Prior to 1978,the existing anti-RV ordinance prohibiting the parking of RVs on residential property (except in a garage) was enforced only on complaint. This led to one RVer in the community claiming that the practice of enforcing only in response to complaints was discrim- inatory; he had been cited several times while others in the city continued to park their RVs on their property without penalty since no complaints had been filed against them. This lone RV owner's allegation led to a wholesale enforcement of the ordinance,and a loud cry of protest from RV owners who requested a new ordinance. The new ordinance went far beyond most in allowing not one but two RVs to be parked on a single residential lot provided that only one is parked or stored in the area between the right-of-way and the structure on a hard surfaced area.A second one may be parked or stored in a carport,on a driveway (behind the front line of the structure) or in a rear yard. The ordinance goes a step further in allowing additional RVs stored in an enclosed structure. Chapter 20 RECREATIONAL VEHICLES,BOATS AND BOAT TRAILERS Sec.20-I.Purpose.The purpose of this chapter is to regulate the parking and storage of recreational vehicles and boats or boat trailers.These regulations are intended for and in the best interest of the citizens of the city to provide easy access to recreational vehicles while promoting the health,safely and welfare of all the citizens of the city.(Ord.No.78-2,§ t,2-7- 78) Sec.20-2.Scope.This chapter is intended to be applicable in all residentially zoned areas within the city limits. (Ord.No.78-2,§2,2-7-78) Sec. 20-3.Definition. As used in this chapter,"recreation vehicle"means any travel trailer,motor home-slide-in camper,or other unit built or mounted on a chassis,excluding vans,designed without a permanent foundation,which is used for temporary dwelling or sleeping purposes and which may be legally driven or towed on a highway,and which body length does not exceed thirty-five(35)feet and total body width does not exceed eight (8) feet. or any boat or boat trailer,end all other sport type recreational vehicles and the trailers used to store or transport all such recreational vehicles,lOrd.No.78-2,§3,2-7-78) Sec.20-4.More stringent regulations to apply.This chapter is primarily for the purpose of protecting residential zoning.Therefore-any ordinances of this city or laws of this state providing fur the regulation of recreation vehicles, boats or boat trailers or motor vehicles are in addition to this chapter and wherever any provision of some other ordinance or applicable statute whether primarily for the regulation of recreation vehicles,boats or boat trailers or motor vehicles or for purposes of zoning,imposes more stringent requirements or limitations then arc imposed or required by the provisions of this chapter than the more stringent requirements or limitations shall apply. (Ord.No. 78-2,§7,2-7-78) Sec. 20-5.Effect on private limitations on land use.This chapter shall not he con- strued to limit any deed restrictions,condominium regulations or similar private limitation more restrictive than the regulations contained herein.Further this provision shall not be construed as creating an obligation on the city to enforce private limitations on land use. (Ord.No.78-2,§7, 2-7-78) 24 Sec. 20-6.Conditions to parking on private property.Parking or storing of recreation vehicles,boats or boat trailers on private property may be permitted under the following conditions: (a) That the recreation vehicle,boat or boat trailer may be parked or stored in a carport. (b) That the recreation vehicle,boat or boat trailer may be parked or stored on a driveway. (c) That the recreation vehicle,boat or boat trailer may be stored in the rear yard,not closer than five(5)feet of the rear lot line or in the side yard not projecting beyond the front roof line. (d) That the recreation vehicle, boat or boat trailer must be owned or used by a resident of the premises. (e) That the recreation vehicle, boat or boat trailer must be currently registered and licensed as required by state and federal law. (f) That no recreation vehicle,boat or boat trailer may be parked between the right- of-way and the structure unless on a driveway or other hard surfaced area,such as asphalt,paving stones,sheilrock or concrete. (g) That the total number of vehicles(other than passenger vehicles)so parked or stored shall be limited to two(2),not including those kept in a garage.Only one recreation vehicle may be parked or stored between the right-of-way and the structure. (h) That the recreation vehicle,boat or boat trailer shall be parked or stored entirely on the owner's property in a safe and orderly manner and that vehicles parked or stored on a driveway shall not be a hazard to people entering the driveway or to persons passing on the sidewalk. (i) That the recreation vehicle,boat or boat trailer is not in the process of being constructed,reconstructed or undergoing major repairs that have taken more than seven(7)consecutive days to complete.(Ord.No.78-2,§4,2-7-78;Ord.No. 80-23,§i,6-3-80) Sec.20-7.Time limit for parking on right-of-way.No recreation vehicle,boat or boat trailer shall be parked or stored on any public right-of-way for a period exceeding one hour. (Ord,No.78-2,§5,2-7.78) Sec.20-8.Occupying on private property. (a)Generally, It shall be unlawful to occupy any recreation vehicle while said vehicle is parked or stored on private property unless such use is specifically permitted in the applicable zoning district. (b)Construction trailers shall be permitted as outlined in Section 4(H)of Appendix A of this Code. (c)Mobile homes as defined in Section I,General Definitions,of Appendix A of this Code shall be permitted in applicable zoned districts.(Ord-No.78-2,§6,2-7-78) IOWA, Maquoketa In 1981,Good Samers in Maquoketa,Iowa,requested a Legislative Kit in order to prepare a pro-RV parking presentation to the city council. Details of their actual activities are not available,but the current ordinance regulating RV parking in that community has been written for the convenience of RV owners. It provides for front driveway and/or front yard parking when space is not available in the side yard and there is no reasonable access to the side or rear yard. It is interesting to note that this particular ordinance addresses the issue of LP-gas containers, requiring that they meet certain standards and that valves be closed unless the vehicle is being readied for immediate use. The ordinance also allows sleeping in the vehicle for a period not exceeding 72 consecutive hours to provide for non-paying guests. 5-IC-6:DEFINITIONS OF RECREATIONAL VEHICLE AND VESSEL: As used in this ordinance,camping and recreation vehicles and equipment is defined as and shall include the following: Recreational Vehicle:A general term for a vehicular unit not exceeding thirty-six(36) feet in overall length,eight(8) feet in width.or twelve(12)feet in overall height,which applies to the following specific vehicle types: I. Camper Trailer—A folding or collapsible vehicular structure,without its own power. designed as a temporary living quarters for travel,camping,recreation,and vacation uses; and be licensed and registered for highway use. 2. Travel Trailer—A rigid structure,without its own motive power,designed as a temporary dwelling for travel.camping,recreation,and vacation use:be licensed and registered for highway use:and which when equipped for the road,has a body width of not more than eight (8)feet. 3. Truck Camper—A portable structure,without its own motive power,designed to be transported on a power vehicle as a temporary dwelling for travel,camping, recreation.and vacation use;and which in combination with the carrying vehicle: be licensed and registered for highway use. 4. Motor Home—A vehicular unit built on or as a pan of a self-propelled motor vehicle chassis,primarily designed to provide temporary living quarters for travel,camping, recreation.and vacation use:and to be licensed and registered for highway use. 5. Boat Trailer—A vehicular structure without its own motive power,designed to transport a recreational vessel for recreation and vacation use and which is licensed and registered for highway use. 6. Horse Trailer--A vehicular structure without its own motive power designed primarily for the transportation of horses and which,in combination with the towing vehicle.is licensed and registered for highway use. 7. Utility Trailer—A vehicular structure without its own motive power designed and or used for the transportation of all manner of motor vehicles.goods,or materials and licensed and registered for highway use. Recreational Vessel:A general term applying to all manner of watercraft,other than a seaplane on water.whether impelled by wind,oars,or mechanical devices,and which is designed primarily for recreation or vacation use.A recreation vessel.when mounted upon a boat trader, 31 • and its towing vehicle,when parked,shall be considered one(1) unit,exclusive of its towing vehicle. 5-IC-7:REGULATIONS GOVERNING RECREATIONAL VEHICLES AND VESSELS: Any owner,lessee,or bailee of a recreational vehicle may park one such vehicle or one such vessel on a single lot in a residential district,subject to the following: I. Such recreational vehicle or vessel shall be maintained in a clean,well kept state so as not to detract from the appearance of the surrounding area. 2. If such recreational vehicle or vessel is equipped with liquified gas containers,such contain ers shall meet the standards of either the Interstate Commerce Commission or the Federal Department of Transportation or the American Society of Mechanical Engineers,as such standards exist on the date of passage hereof.Further,the valves of such liquified petroleum gas containers must be closed when the vehicle or vessel is not being readied for immediate use,and in the event that leakage is detected from such liquified petroleum gas containers, immediate corrective action must be taken. 3. At no time shall such parked recreational vehicle or vessel be occupied or used for living, sleeping,or housekeeping purposes except as provided in sub-paragraph(4)of this Section. 4. It shall be lawful for only non-paying guests at a residence in a residential district to occupy one recreational vehicle or vessel,parked subject to the provisions of this ordinance,for sleeping purposes only for a period not exceeding seventy-two (72)consecutive hours.The total number of days during which a recreational vehicle or vessel may be occupied under this sub-section shall not exceed fourteen(14)in any calendar year. 5. Such recreational vehicle or vessel may be parked in the following manner: (a) Inside any enclosed structure which structure otherwise conforms to the zoning re- quirement of the particular district where located. (b) Outside in the side yard or in the rear yard,and shall not be nearer than two feet(2') to any side or rear lot line. (c) Parking of recreational vehicles or vessels is permitted in front driveway or an area ad- jacent to the driveway provided: (1) Space is not available in the side yard,or there is no reasonable access to either • the side or rear yard.A lot shall be deemed to have reasonable access to the rear • yard if terrain permits and an access can be had without substantial damage to existing large trees or landscaping.A corner lot shall normally be deemed to have reasonable access to the rear yard. (2) Inside parking is not possible. (3) The recreational vehicle or vessel may not extend over the public sidewalk or publicly owned right-of-way. (d) The City Manager or Police Chief may issue a permit for parking on any City street or alley for a period not to exceed seventy-two(72)hours. (e) The City Manager or Chief of Police may issue a pemiit for parking more than one recreatonal vehicle or more than one recreational vessel on a single lot in a residential district. (f) The owner of a recreational vehicle or recreational vessel parked on a single lot in a residential district shall also be the owner or the renter of such residential lot. 32 NEBRASKA, Bellevue A few months after the establishment of a favorable RV parking ordinance in Albuquerque, New Mexico (see page 41), Good Samer Victor Clarence of Bellevue, Nebraska, served on a similar committee with the same favorable results. Using the Albuquerque ordinance as a guideline,the Bellevue committee tailored it to suit the needs of their own community. ORDINANCE NO.1115 AN ORDINANCE RELATING TO PARKING AND STORAGE OF RECREATIONAL VEHICLES,TRAILERS AND BOATS; DEFINING TERMS; PERMITTING PARKING AND USAGE THEREOF;REPEALING SECTIONS 2240,2241,2437,2438, 24371,24381,2537,2538,2637,AND 2638 OF ORDINANCE NO.770,THE ZONING ORDINANCE OF THE CITY OF BELLEVUE;TO PROVIDE AN EFFECTIVE DATE. Be it ordained by the Mayor and Council of the City of Bellevue, Nebraska: Section I.For the purpose of this ordinance,the following definitions arc hereby adopted: RECREATIONAL VEHICLE means a vehicular unit not exceeding 40 feet in overall length.8 feet in width,or 12 feet in overall height,primarily designated as a temporary living quarters for recreational,camping or travel use;it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes molor home, truck camper,travel trailer,and camping trailer.A vehicle meeting the above definition except for size is not deemed incidental to a dwelling un'.t. TRAILER means a vehicle without motive power,designed so that it can be drawn by motor vehicle,to be used for the carrying of persons or as a human habitation.However,a structure which meets the requirements of the Building Code of the City of Bellevue in all ways, including foundation,is not a trailer,whether or not it was once a vehicle. BOAT means a vehicle for traveling in or on water,not exceeding 40 feet in body length,8 feet in width,or 12 feet in overall height.Height includes the trailer,if the boat is mounted on a trailer.A vehicle meeting the above definition except for site is not deemed incidental to a dwelling unit. YARD,FRONT,means that part of a lot between the front lot line and the front(s) of the principal building on the lot,and extended to both side lot lines. YARD.REAR.means that part of a lot between the rear lot line and the back(s)of the principal building on the lot,and extended to both side lot lines. YARD,SIDE.means that part of a lot nut surrounded by building and not in the front or rear yard. Section 2. In all residential zones provided for in the Bellevue Zoning Code,it is permissible to park a recreational vehicle, trailer,or boat and boat trailer in the following manner: a. Parking is permitted inside any enclosed structure,which structure otherwise conforms to the zoning requirements of the panicular zone,where located; b. Parking is permitted outside in the side yard or rear yard provided it is not nearer than 2 feet to the lot line; c. Parking is permitted outside on a concrete driveway,provided: 35 I. Space is not available in the rear yard or side yard.or there is no reasonable access to either the side yard or rear yard;a corner lot is always deemed to have reasonable access to the rear yard; a fence is not necessarily deemed to prevent reasonable access; 2. Inside parking is not possible; 3. The unit is parked perpendicular to the front curb; d. The body of the recreational vehicle or boat must be at least 13 feet from the face of any curb; e. No part of the unit may extend over the public sidewalk or public thoroughfare (right-of-way), f. Parking is permitted only for storage purposes,and any recreational vehicle or trailer shall not be: 1. Used for dwelling purposes,except for overnight sleeping for a maximum of 14 days in any one calendar year.Cooking is not permitted at any time. 2. Permanently connected to sewer lines,water lines,or electricity.The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes. 3. Used for storage of goods,materials,or equipment other than those items considered to be part of the unit or essential for its immediate use. g. Notwithstanding the provisions of Subsections(3)above,a unit may be parked anywhere on the premises during active loading or unloading;and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use. h. The unit shall be owned by the resident on whose property the unit is parked for storage. Section 3.Sections 2240,2241,2437,2438,24371,24381,2537,2538,2637,and 2638 of Ordinance No.770 are hereby repealed. Section 4.This Ordinance shall take effect from and after its passage and approval according to law. Passed and approved this 10th day of June,1974. Signed/Robert M. Haworth Mayor ATTEST: Signed/Mary Struklett City Clerk First reading: May 13, 1974 Second reading: May 27, 1974 • Third reading:June 10, 1974 36 07 a I NEW MEXICO, Albuquerque Although the RV parking situation in Albuquerque,New Mexico,was resolved more than a decade ago,it is included in this publication because it illustrates how RV owners cooperated with non-RV owners and government officials in drawing up an ordinance that has been satisfactory for all concerned. More than ten years later, it still is a valid and effective piece of legislation. At the time the need for a new ordinance was made public, the city was working with an old ordinance that covered the parking of some RV units but prohibited parking other units. Trucks with campers were permitted to park on driveways, but not trailers. RVowners complained of discrimination, and the City Planning Commission responded by forming an ad hoc committee of ten members,five of whom were RV owners and five non- owners.Included on the committee were one Good Sam member(Murray Getz),two members of another RV organization, a representative from the real estate business, a lawyer and a member of a boating club. After six months of monthly meetings,the committee presented a recommended ordinance to the City Council. The meeting was open to the public, and some of those present voiced objections to the proposal The committee met again,and on March 12, 1973, the final reading of the new proposal generated no objections from the floor and the City Council voted unanimously to pass the ordinance. RVers gained the right to have their units in their driveways, 11 feet back from the curb, or in the side yard or back yard. COMMISSION ORDINANCE NO.26.1973 AN ORDINANCE AMENDING SECTIONS 4 AND 7 OF COMMISSION ORDINANCE NO.2726,AS AMENDED, PERTAINING TO ZONING REGULATIONS ON YARDS,BOATS, RECREATIONAL VEHICLES,TRAILERS,THE PARKING OF SUCH VEHICLES IN RESIDENTIAL ZONES,AND DECLARING AN EMERGENCY. Be it ordained by the City Commission,the Governing Body of the City of Albuquerque.New Mexico: Section 1. The definition of"Trailer"in Section 4 of Commission Ordinance No.2726,as amended, is hereby repealed and the following paragraphs are hereby added in correct alphabetical sequence to Section 4 of that Ordinance: BOAT means a vehicle for traveling in or on water,not exceeding 30 feet in body length.8 feet in width,or I t feet in overall height. Height includes the trailer.if the boat is mounted on a trailer.A vehicle meeting the above definition except for size is not deemed incidental to a dwelling unit. RECREATIONAL VEHICLE means a vehicular unit not exceeding 4(3 feet in body length,8 feet in width,or I I feet in overall height. primarily designed as a temporary living quarters for recreational;camping,or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes motor home, truck camper.travel trailer,and camping Railer.A vehicle meeting the above definition except for a size is not deemed incidental to a dwelling unit. ('� 41 • TRAILER means a vehicle wit hum motive power.designed so that it can be drawn by a motor vehicle.to be used Sir the carrying of persons or property or as a human habitation.However,a structure which meets the requirements of the Building Code of the City of Albuquerque m all ways,including foundation,is not a trailer,whether or not it was once a vehicle. YARD.FRONT.means that part of a lot between the front lot line and the(rinds)of the principal building on the lot,and extended to both side lot lines. YARD. REAR,means that part of a lot between the rear lot line and the back(s)of the principal building on the lot-and extended to both side lot lines. YARD, SIDE,means that part of a lot not surrounded by building and not in the front or rear yard. Section 2. Section 7.A.2.f of Commission Ordinance No. 2726, as amended. is hereby repealed. Section 3 Section 7.A'.e. of Commission Ordinance No. 2726,as amended, is herehv redesignated 7.A.2.f Section 4. The following is added to Section 7.A.2. of Commission Ordinance No. 2726.as amended: e. Recreational vehicle,boat,or boat-and-boat-trailer parking as follows: (II Inside parking,or (2) Outside parking in the side yard or the rear yard.or (3) Outside parking in the front yard.provided (a) pace is not available or there is no reasonable access to either the side yard or rear yard:a corner lot is always deemed to have reasonable access to the rear yard;a fence is not necessarily deemed to prevent reasonable access: (b) Inside parking is not passible: (c) The unit is parked perpendicular to the front curb; (d) The body of the recreational vehicle or boat is at least I I feet from the face of the curb;and (c) No part of the unit extends over the public sidewalk. (4) Parking is permitted only if the unit,while parked in this zone,is (a) Nut used for dwelling purposes,except one recreational vehicle may he used for dwelling purposes for a maximum of 14 days in any calendar year on any given lot.Cooking is not permitted in the recreational vehicle at any time.Butane or propane fuel shall trot be used, `ix cc f,.. hve I=t ny eat,-g2D SE , (h) Not(ermanently connected to sewer lines,water lines,or electricity.The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes if the receptacle and the connection from the recreational vehicle has been inspected and approved by the City;this connection must meet the Electrical Code of the City of Albuquerque and a City electrical permit must be obtained for all such installations.The individual taking out the permit must call for an inspection of the electrical wiring when ready for inspection.Standard inspection fees will be charged,except no inspection shall be made fur less than a$3.50 fee. (c) Not used for storage of goods,materials on equipment other than those items considered to be a pan of the unit or essential for its immediate use. (5) Notwithstanding the provisions of Subsections(3) and (4)above-a unit may be parked anywhere on the prenuu•s dint etude load c rig or unloading,and use of electricity or isrerpanc Mel is permuted when necessary to prepare a recreational vehicle for used (6) If the dwelling on the lot is under eonstructiena the provisions of Section 7.A.2.g.(3) below shall control-rather than the provisions of Subsection (I) through(4)above. g. Trailer parking as follows: (I) Inside parking if all provisions of Section 7.A?.e.(4)above are met,or (2) Outside parking in the side yard or the rear yard of cargo trailers of less than 2500 pounds carrying capacity. tl As a dwelling connected to any utilities,for a period of up to six months or until 42 �l� construction is completed,whichever comes first.The six-month period shall begin to run front the date on which a building permit is issued for a dwelling unit on the same lot.The body of the trailer shall be set back at least 5 feet from any lit line and 8 feet from the dwelling under construction. (4) Notwithstanding the other provisions of this subsection,a trailer may be parked anywhere on the premises during active loading or unloading, Section 5. If any section,subsection,paragraph.sentence,clause,phrase or part hereof are for any reasons declared unconstitutional or invalid, the validity of the remaining portions hereof shall not be affected since it is the express intent of the City Commission, the governing body of the City of Albuquerque. to pass each section.subsection,paragraph,clause,phrase, and every part hereof separately and independently of every other part. Section 6. This ordinance is hereby declared to be an emergency measure on the ground of public need. h is therefore to become eJJccnve five days after publication in full as provided by law. PASSED.SIGNED AND ADOPTED by the City Commission oldie City of Albuquerque, Bernalillo Com uy. New Mexico this 12th day of March. 1973. Signed/L.MAAVEDA Chairman,City Commission ATTEST: Signed/GISELE GATEGNAL City Clerk APPROVED AS TO FORM: Signed/PATRICK L.MCDONALD Assistant City Attorney • • • 43 a c) EU&i,, f-k,a h T i �, lc.V 0itP.v T Seir;>u,p cvdivcy �dusP 56 6 ,(a� °`i y "Lid✓/°v,. ll� �, 3 S dpV �E�/, � ewe/% >> Al66 ;f d 5 ��yos�s `iS � at h o aU�y / - Adve S � /Th (GaL YO 1dS ddd/�J6i� 7r / .ORO C6} clockiele A r y to o sd i 6 Gtatja Ge cirM fritipVieki/V `\2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-7 Z AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY (1) ADDING THE DEFINITION OF RECREATIONAL VEHICLE, AND (2) ADDING A NEW SECTION REGULATING OUTSIDE RECREATIONAL VEHICLE PARKING AND STORAGE IN ALL ONE-FAMILY RESIDENTIAL DISTRICTS AND ALL MULTI- FAMILY RESIDENTIAL DISTRICTS, 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. City Code Section 11.01 entitled "Definitions" is hereby amended by adding paragraph 38a which shall read as follows: [38a. "Recreational Vehicle" - Any trailer, watercraft, snowmobile, pull camper, all terrain vehicle, pickup mounted with topper, motorhome, travel trailer or tent trailer, or other similar vehicle. A recreational vehicle upon a trailer shall consti- tute one recreational vehicle.) Section 2. City Code Section 11.03, Subd. 3.J., entitled "Outside Storage and Displays" is hereby amended by adding subsection 3 to read as follows: [3. The parking or storing of recreational vehicles outside of an enclosed building or structure in all One-Family Residential Districts and all Multi-Family Residential Districts is prohibited, except as hereafter provided. -1- (a) No more than 2 recreational vehicles may be stored or parked outside upon a lot. (b) Recreational vehicles of a height of 7 feet or less may be parked or stored on a lot provided no part of a recreational vehicle of a height of 7 feet or less may be closer than 15 feet from the traveled portion of a street. (c) Recreational vehicles of a height greater than 7 feet may be parked or stored on (i) that part of a front yard of a lot occupied by a driveway, provided no part of a recreational vehicle may be closer than 15 feet from the traveled portion of a street, (ii) that part of a side or rear yard of a lot not situated within 10 feet of a lot line, or (iii) that part of a side yard within 10 feet of a lot line which is also within that part of a front yard occupied by a driveway and is not within 15 feet from the traveled portion of a street. (d) Recreational vehicles parked or stored outside must be owned by a person residing on the lot. (e) All recreational vehicles parked or stored outside must be operable and exhibit current license or registration plates or tags.] Section 3. 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. -2- 11 Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1988. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of ( , 1988. t RAP2 015-1 05-12-88 -3- • A Minnesota Festiva!of Music Marilyn C.Nelson Carl Jullie May 10, 1988 Chairman Philip Brunelle City Manager ArtisticOn',Ior City of Eden Prairie 7600 Executive Drive BOARD OF DIRECTORS Eden Prairie, MN 55344 Karl-Erik Andersson Kjell Bergh Douglas F.Bryant Dear Mr.Jul l i e, Curtis L.Carlson Ricbard Cisek Enclosed with this letter is a copyof the proposed operational plan for the use of Gene Corby SherryDavis Eden Prairie Center parking facilities for the 1988 Minnesota Midsummer Music John Farrell Festival, Nancy J.Fletcher David Goldb Luella Goldberg Items covered in the proposed plan include a description of the kiosk area, the Dr Sam Graburski temporary crosswalk and signs, the shuttle bus route, security and personnel and Dale Gustafson hours of operation. We have tried to make the plan a comprehensive proposal. Betty Rulings William H.Kling James Lindau In conjunction with this proposal,Midsummer Music Festival requests the followinc •rlciaLindell from the City of Eden Prairie: 'ivy B.Mackay Elkin Mclnnis Stephen Pflaurn I If necessary,a temporary tent permit for the tent and kiosk to be Paul Ridgeway constructed at the designated spot. Stewart R.Slender Donald Shank John D.Taylor 2. Approval of temporary crosswalk and stop signs at the kiosk area. Hank Todd Jack Tunbeim 3. To loan Midsummer Music Festival any available traffic control signs EX OFFICIO (crosswalk,stop,handicap parking). Rudy Perpich (oirr^or 4. An on-duty Eden Prairie Police Officer at the kiosk site for the first 9 State/nrnnr,,,ea days of the festival during hours of ticket sales(67 1/2 hours total). Kurt Laughinghouse Ma,r,r City/Bloomington Thank you for all of your kind considerations. s1AJoR spossORs Sincer Trammell Crou'Company / // Volvo Minn 1�" Minnesota Department � ,�� 7a of Tourism �`' Lutheran Brotherhood Robert M Smith Carlson Companies Jostens,Inc Logistics Coordinator e1 dtronir.Inc. 378-9551 nesola Public Radio na i/new c•11rGrsab �� A Minnesota Fistival of Music.is part of a public/private cooperative, Northwest Airlines initiated by a major grant from the Minnesota Department of Tourism Northwestern Bell and hosted by Trammell Cron'Company and other private sponsors. Thin Cities Magazine Swedish participation is underwritten by,Pita). Wenger Corporation 8400 5ormandule Lake Boulevard•Suite 180•Bloomington.Minnesota 554.1'•612-89'1-I670 C 9 A Minnesota Festival of Music Marilyn C.Nelson The 1988 Minnesota Midsummer Music Festival is the culmination of over three Chairman years of planning by thousands of Minnesotans.It grew from a dream that the State Philip Brunelle of Minnesota could create and produce a world-class music festival that would be Artistic°bettor beautiful,popular and artistically valid.To make the Festival international in scope BOARD OF DIRECTORS and appeal,it would feature the culture and the musicians of a different country Karl•Erik Andersson every two years.This year's inaugural Festival will have a Swedish theme and Kjell Bergh Swedish performers;the 1990 Music Festival is planned to feature Germany. Douglas F.Bryant Curtis L.Carlson RichardCisek The Midsummer Music Festival is a non-profit entity and is not a commercial Gene Corby venture, Its major funding comes from the State of Minnesota Department of Sherry Davis Tourism,An underlying u ose of the Festival is the promotion of tourism to the Jobn Farrell 1? S P rP Nancy).Fletcher State of Minnesota. Dated Fraher Luella Goldberg The Festival is intended for familyentertainment with an appeal to all age groups. Dr Sam Grabarski Dale Gustafson While music is the main attraction,many other activities and events will be a part of Betty Rulings the Festival. It will run for ten days--Friday,June 17 through Sunday,June 26, William H.Kling 1988--and be located at Hyland Lake Park Reserve in Bloomington(just Southwest James Lindau of 1-494 and Hwy Patricia Lindell 100 Har'iey B.Mackay I Iclnnis Because the Festival site is a Hennepin County Park with minimal car parking St,, ,m Pflaum capacities,it will be necessaryto direct thepublic to park at designated parking lots Paid Ridgeway P StewartR.Stender and take shuttle buses into the Festival site. Extensive advertising and public Donald Shank relations efforts are being made in this regard.The arrangement will be advertised HankD Taylor as "Free Parking" and "Free Shuttle Bus" to help entice people into parking at Jack Tunbeim designated lots. EX OFFICIO To discourage people from attempting to park closer,the City of Bloomington is Rudy Pernor passing an emergency parking ban on City streets for the area surrounding the park Governor Slate of Minnesota site during the Festival.In addition,East Bush Lake Road--the only access road the Karl laugbingbouse the Park entrance--will be barricaded and blocked to anything except shuttle bus Mayor traffic. City of Bloomington MAJOR SPONSORS People attending the Festival will therefore have to park at the designated parking Trammell Crow Company lots.Advertising efforts will also emphasize that the parking lots will have security Volvo and be safe for vehicles and people. Minnesota Department of Tourism For manyreasons includingaccessibility, configuration, traffic flow patterns, Lutheran Brotberbood Carlson Companies availability to Westem suburbs,and ability to be easily identified--Eden Prairie Jostens,Inc Center is an ideal location to use as a remote Festival parking lot site.There should Medtronic Inc also be a synergistic benefit to the Center,in that it will be extensively identified Minnesota Public Radio and publicized through the Festival.' Meyer&McGrath west Airltnes A Minnesota Festival o/Music is purr of a public/private cooperatit e Northwestern Bell initiated by a major grant from the Minnesota Department of Tourism Ib in Cities Bel ine and hosted by Trammell Crow Company and other private sponsors Wenger Corporation Swedish participation is underw7itten by Volvo 8400 Nonnandale Lake Boulevard•Suite 180•Bloomi �ngton,Minnesota 55437•612-B97-1670 3C)U • • OPERATIONAL PLAN ELEMENTS OF THE PLAN: Signs(directional and informational) Parking lot location Shuttle bus route Temporary STOP signs and crosswalk signs "Kiosk" area description Security and personnel Hours of Operations Sians Professionally made directional signs will be erected on all routes to Eden Prairie Center, guiding traffic to the Lower Level East parking lot, pursuant to approval by tho City of Eden Prairie through a special temporary sign plan permit. These signs will be 24" in height and 32" wide, made of .120" Poly-plate material, on a white background. They will be consistent with all signage utilized at the Festival and with prior advertising and public relations materials. They will be mounted just as existing street signs and traffic signs are presently mounted, with the bottom edge of the sign at least seven feet above grade and in conformance with sign standards. Within the lot area, signs will show the parking area, the crosswalk, and direct the pedestrians to the kiosk waiting area. • Parking lot lQ ;iort The designated parking lot at Eden Prairie Center which is being proposed for use by the Music Festival is the Lower East lot along Prairie Center Drive. This lot is currently the least-used lot at the Center and is ideally located for use by attendees of the Music Festival. It is easily accessible to automobiles which exit 1-494 and Hwy. 169, and "faces" the direction of the Festival site. Eden Prairie Drive along the East border of Eden Prairie Center is easily able to handle any traffic generated by the Music Festival parkers. The lot itself will fill up with cars from the "outside in," due to tho location of the kiosk area at the outer border, rather than from the Center outward as is the case with shoppers who park in the lots. • Shuttle bus route Shuttle buses will being driving the route between Hyland Lake Park Reserve and Eden Prairie Center on 1-494. Should this route become congested, there are also alternative routes, but this is planned to be the primary route. Buses will exit 1-494 onto Prairie Center Drive headed South, and will enter the perimeter road of the Center at the Southeast access road near Sears. Buses will drive North along the perimeter road and stop at the kiosk opposite the Lower East lot to pick up passengers. The buses will then exit at the Northeast access road to Eden Prairie Drive and go North to 1-494. Temporary "STOP" s.Lans and "PEDESTRIAN CROSSWALK" signs A pedestrian crosswalk will be created along the perimeter road, crossing the perimeter road near the center of the East Lower Level lot to the grassy boulevard where the kiosk will be located. The crosswalk will be wide and well- marked. There will be a temporary stop at the crosswalk. Large STOP signs will be put up, along with "STOP AHEAD" and "PEDESTRIAN CROSSWALK" signs to warn motorists of the upcoming crosswalk. Pedestrians will be directed to the crosswalk, and whenever a bus is loading or unloading a traffic monitor will assist pedestrians in the crosswalk. "Kiosk" area description The kiosk area will be on the grassy boulevard just opposite the center of the Lower East parking lot. The crosswalk will connect the kiosk to the lot. The kiosk will consist of an awning of proposed 20' X 60' size. This awning is the style used at lawn receptions or weddings. Inside will be benches for people to sit on if waiting for others or a bus, two satellite outhouses which will be cleaned daily, trash receptacles which will be emptied nightly, and the kiosk building. The kiosk building will be used for selling "Festival Admission Buttons." There is a cost of $2 for adults and $1 for children and seniors daily for admission to the Festival site (A different button will be used each day rather than a ticket). This admission fee is used to defray the expense of renting the Park and cost • ("Kiosk" continued) of facilities. It entitles the bearer to enjoy three outdoor stages of music and one indoor stage -- everything at the Festival except for vended products and the large Meadow Tent performances. (The performances in the large meadow tent are by musicians of international stature, and an admission fee is charged for these "Main Acts.") People will be required to purchase a Festival Admission Button in order to board the bus, so that they won't have to wait in line inside the Park to purchase the button. It was determined to be easier to make this button available at the three main parking lots rather than at some bus dropoff point within the Park. HOWEVER, all pre-sold "Main Act" tickets include the cost of the Festival Admission, so anyone with a pre-purchased performance ticket need only display that ticket as he/she boards the bus and will be issued the Festival Admission Button of the day without extra cost. Security and personnel Because money is being exchanged at the kiosk, it will be necessary to have an armed guard at the kiosk during operating hours. There will always be at least one armed guard -- probably an off-duty police officer -- present near the kiosk during hours of operation that Festival Admission Buttons are sold. • In addition, there will always be at least two private security personnel at the site during the times of shuttle bus operation (see "Hours of Operation" on following page). These personnel can also assist in car parking, crosswalk pedestrians, vehicle security, and personal safety. There will also be transportation and logistics personnel at the site to assist in bus boarding and other needs, The Festival Admission Button sellers are employed by a professional ticketing firm hired by the Music Festival. All personnel will be in constant radio contact with each other and with base operations, including police and emergency services. (This proposed operational plan is identical to the plan being used at the two other major parking sites -- Normandale Community College and Normandale Lake Office Park -- and procedures will be supervised and consistent throughout all locations.) (le I • HOURS OF OPERATION Shown below are the dates and hours of operation of the Festival, the ticket selling, and the parking lot operation. Buses will run from one hour before, until approximately one hour after the Festival hours. The Festival Admission Buttons will only be sold until 8:30 p.m. every evening, at which time that portion of the operation will be closed and no further money exchanged. Security personnel will remain on site, however, until all operations cease for the evening. FESTIVAL ADMISSION HOURS OF DAY FESTlvA J-IQUHS BUTTONS SOLD OPERATION Fri, 6/17 4 pm - 10 pm 3 pm - 8:30 pm 3 pm - 11 pm Sat, 6/18 10 am - 11 pm 9 am - 8:30 pm 9 am - midnight Sun, 6/19 10 am - 11 pm 9 am - 8:30 pm 9 am - midnight Mon, 6/20 4 pm - 10 pm 3 pm - 8:30 pm 3 pm - 11 pm Tue, 6/21 4 pm - 10 pm 3 pm - 8:30 pm 3 pm - 11 pm Wed, 6/22 4 pm - 10 pm 3 pm - 8:30 pm 3 pm - 11 pm Thu, 6/23 4 pm - 10 pm 3 pm - 8:30 pm 3 pm - 11 pm Fri, 6/24 4 pm - 10 pm 3 pm - 8:30 pm 3 pm - 11 pm Sat, 6/25 10 am - 11 pm 9 am - 8:30 pm 9 am -.midnight Sun, 6/26 10 am - 2 pm • 9 am- 5 pm • '(The last day of the Festival, Sunday, June 26, 1988, there is no Festival Admission Fee or button sold -- entry to the Festival is free. There are no formal musical performances on that last day; only a noon non-denominational service is being planned.) �/ .U 6 \ I I ll I TO 494 1 c/ NORTHEAST P ACCESS ROAD Iw. rdwte,to,t. / //:41‘\ I. U ..cU.no.MU ..ei :71 ')' 410111111 eoewetes ,...,.. "Z"..?"4111 1 (P/ ONALDSON\ imp 11J -"� : \ Gt(Ne6b v ; IU SE AREA ` LOT, aq i \\\ vim.. \ y /i/ OSSWALK / / ' 1 1. UTURE �,% .„ / ________ - \ 0 . A41( . i (i\ti 6 2\et:e\ .. _),z)N ZL QOP �� J \\ ttt , .i/1 .,,_ ,......., /9 triql/ j � � � 11 N\, f SOUTHEAST a .e ,.o .,, SO100 ACCESS ROAD .Certain of the•lamsts ah;„;w,the attest pen are indicated es t "i Iowa(er sroso.ed, but Iowa Devele.nent Co. sakes no reyreaentattee that \ AL.nt, . de-s1-�n. .1� c. as Omen j OL)5 . MEMORANDUM TO: City Council THRU: Carl Jullie City Manager FROM: Craig Dawson Assistant to City Manager SUBJECT: Yard Waste Recycling Service DATE: May 11, 1988 Yard waste constitutes in the area of eight percent of all waste generated. The Legislature, Metropolitan Council, and Hennepin County have targeted these wastes as ones which are easily recycled and do not belong in landfills. Statutes have been passed and policies adopted which will prohibit the disposal of yard wastes in sanitary landfills beginning in 1990. The waste management industry will need to have a system in place by 1990 to comply with these mandates. During the interim, cities may play a bridging role in diverting these wastes with city-sponsored yard waste collection programs. Requests for proposals for yard waste collection for recycling purposes were sent to all licensed refuse haulers in the City. (A copy of the RFP is attached.) Two firms responded to the RFP by the May 4 submission date. Copies of these proposals are also included with this memorandum. The RFP assumed that the City's program would be voluntary; that is, a collection service would be provided and residents encouraged, but not required, to take advantage of the program by placing yard wastes at their curbs for collection and eventual recycling. Collection was to be weekly through November 18, 1988. Respondents needed to indicate schedules for collection, material preparation requirements, and publicity efforts. They would be required to report regularly on amounts recycled and recycling locations. And they needed to propose their fees for service. Woodlake Sanitary Services, Inc. and Waste Management-Savage responded to the RFP. With the exception of cost, their proposals were quite similar. WSS would collect in the City over four days; Waste Management would take five days. Both firms would take the wastes to Hennepin County's Maple Grove compost facility at which the materials would be de-bagged. Only grass and leaves would be collected and they must be placed at the curb. Waste Management indicated a general willingness to assist the City with publicity efforts, whereas WSS said that it would include reminders about the program with the billings to the 6500 to 7000 customers that it has in Eden Prairie. The main difference is price. Waste Management would charge $2.00/month; for an estimated 9500 single-family through four-plex units, the cost to run the program from June 6 to November 19 would be $104,500. WSS would charge $0.39/unit per week, or $89,252 for the program length. Subsequent staff research suggests that most of the three- and four-plex units are in townhome associations which have their complexes done by landscape firms under contract. They should be excluded from the yard waste collection program. Some 8300 units would thus be eligible. Waste Management said it would retain its per unit fee; WSS said its fee would increase somewhat. In any case, collection costs would be reduced in the range of ten percent. A publicity budget of $500O chould be included with this program. Conversations with the City of St. Louis Park and with Hennepin County suggest that first-year, voluntary participation programs will yield about 0.2 tons/unit which can be served. Eden Prairie could expect 1660 to 1900 tons to be collected (depending on 8300 or 9500 units). Costs quoted appear to be consistent with those charged to other Hennepin County communities. This tonnage collected is important in order to receive grant funds from Hennepin County. The County estimates 37,868 of solid waste will be generated in Eden Prairie in 1988. If five percent, or 1893 tons, are recycled, the City will receive a grant to cover 50 percent of its costs. The grant is a graduated one, with a ten percent fund grant for each percent recycled up to an 80 percent grant net costs of the program would be as follows: WSS price plus City publicity = $ 94,252 (9500 units) WM price plus City publicity = $109,500 (9500 units) w/40% w/50% w/60% County City County City County City Grant Cost Grant Cost Grant Cost WSS program 37,700 56,550 47,126 177T26 56,550 77700 WM program 43,800 65,700 54,750 54,750 65,700 43,800 CITY FUNOS: At this time, the only funds available to fund the probable City costs ranging between $37,700 and 65,700 are found in the General Fund reserve. COUNCIL ACTION: Council should decide if it wishes to offer this program at these costs for 1988. The program could begin on June 6 if Council adopts the program at its May 17 meeting. CD:bm ! � CITY OF EDEN PRAIRIE REQUEST FOR PROPOSAL 4 YARD WASTE RECYCLING COLLECTION The City of Eden Prairie is considering offering its residents a yard waste collection program. These wastes would be recycled in conformance with the City's overall recycling plan. The City is seeking a firm or group of firms to collect yard wastes and deliver them to a site for composting. Service Area Approximately 9500 single-family through four-plex units and Schedule: exist in Eden Prairie that would be served by the program. Collection from these homes would occur weekly from June 6 through November 18, 1988. Firms responding to this request will be responsible to identify the day of collection for specific streets. Copies of the most recent City map are included for your planning convenience. Waste Processing Proposers will need to identify the site or sites to which Site: the wastes will be delivered. If the proposer delivers waste to Hennepin County's Eden Prairie compost facility, the cost proposed should reflect the need to de-bag wastes prior to delivery. Wastes delivered to Hennepin County's Maple Grove compost facility may remain in bags. Other compost operations which may be utilized and the preparation required for the waste need to be identified. Preparation: Proposers must describe what preparation of materials is necessary for residents (e.g., what brush must be bundled separately, where wastes should be placed, etc.) Collection Cost: The contractor will need to identify the manner in which it will require compensation. For example, charges could be made based on a monthly fee, an hourly cost, or a cost per ton or cubic yard of material collected. Costs proposed must estimate the total units of service (i.e., time provided or materials collected) for the June 6-November 18 service period in order to estimate total program cost. Reporting: Because the City will be seeking funding assistance from Hennepin County, the amount of materials collected needs to be reported to the City and verifiable. This documentation will be submitted to the City on at least a monthly basis. Other Conditions: Because the City will be a grant recipient, regulations of Hennepin County and the State of Minnesota regarding such things as non-discrimination in employment may apply to the City and the contractor. Publicity: The proposer will need to identify the manner in which it will assist the City in publicizing the service. The City plans to work with local newspapers and to send mailers periodically to remind residents of the service and program requirements. • - 2 - The contractor will be expected to receive phone calls from residents and handle their requests for service. Copies of logs relating to these customer calls will be provided to the City. Due Date: Proposals will be due May 4, 1988. They should be addressed to the attention of Craig Dawson, Assistant to the City Manager, City of Eden Prairie, 7600 Executive Drive, Eden Prairie, MN 55344-3677. Questions may be directed to Mr. Dawson by calling 937-2262. It is urged that if you need to contact him, that you do so before April 25. Council Action: The Eden Prairie City Council must authorize implementation of the program. It is expected that the City Council will consider this matter at its May 17, 1988 meeting. If Council delays action to a future meeting, the starting date of the program would be later in order to allow time for proper communications to the community. Such a delay would result in a reduction in overall program costs. A Waste Management Company SEPARATE YARD WASTE COLLECTION PROPOSAL CITY OF EDEN PRAIRIE WASTE MANAGEMENT—SAVAGE 12448 Pennsylvania Ave So. Savage, MN 55378 Michael Derkopec General Manager (612) 890-1100 /f A Waste Management Company INTRODUCTION ,1e2:1 Waste Management of Savage is pleased to submit this proposal for a yard waste recycling program to the City of Eden Prairie. Solid waste disposal is a growing problem for many communities. As a result, recycling is becoming an important waste management tool. This proposed yard waste recycling program will place the City of Eden Prairie in the forefront of those exploring alternatives to traditional waste hauling techniques. Waste Management's experience, talent, and dedication to service make the company ideally suited to implement this recycling program. We share your enthusiasm for this new venture, and look forward to becoming your recycling partner. We also realize that the City of Eden Prairie is also considering other recycling options (newspaper, glass, aluminum), and would like to discuss these opportunities with you. SERVICE AREA AND SCHEDULE Waste Management of Savage will use two rear-load packer trucks and four men to collect yard waste in the City of Eden Prairie on a weekly basis. Approximately 1,900 units would be served each day of a give day week. The tentative boundaries are outlined in the attached city map. Waste Management is willing to assist the city in making residents aware of their yard waste collection day through flyers, etc.. WASTE PROCESSING SITE We expect to deliver the yard waste to the Maple Grove compost facility. If the Maple Grove site is closed or the de-bagging of waste becomes required, an additional charge of $.35 cents per unit will be necessary. PREPARATION All waste must be placed at the curbside of the nearest recognized public street. Grass, leaves, etc., must be bagged. COLLECTION COST The rate for weekly, curbside yard waste collection would be $2.00 per unit/month. This rate is based on a minimum of 9,000 units served. The final count would be determined by the City before the project begins. The rate can he prorated for partial months. 1001 /4;;;;S A Waste Management Company Page 2 %CI Proposal for City of Eden Prairie REPORTING Monthly volume reports would be submit,:ed to the city. AFFIRMATIVE ACTION Affirmative Action policy is attached. PUBLICITY Waste Management will assist the city with door hangers, flyers, and local media interviews that promote and encourage the program. /(0), • n, tt irk..., r l4 �� "" Flair A,- ILLIFIL "I 'Cc.'• ,M,: 11.; e112 ir A 4-,:".-r:j 1 iIdi ti „ ,.��,. =3 �V zga rtEr , T�, I. _ ..r , "--. - etc•• l• t .c �a , �j-t: � •^ \ �. :, arw�.t a --17 s: ■.' iii. g 'fir II 'e�M�(..�''c •":,.„,,,,mia,-, , ,..,;-,,RF ,,,,,g1,. ,i. gitl.,,,,-1... ',. ..,..,-..,,,,. -$ 40 ...r-_ rtI . � . ,:-' ,P„ gip: i 1 1. =—r:.. • —err, — ;, ' ltr — l_ r 1 ‘..46".0.giiici• -, . ' .ftinIRi-7, ----. - t "'• - " - wryer 1011 an Arkitillillint&-?4-N -if IVA ,467=P; MIL .i ' r �ks '�����4 L .' AINIV%I- 4,44";WI .•,4- -IlEaltriaatlir �.� :�:�� 1, iw � �r: 26 brinim/Iiiiib:111511111,_ �IILiJ111U :� y� �'�;Pr' ll tIlifi�= � ra3- RI !!mud;" ; ems.,,, --* M1` � I� w N diihoneumumagrommi P-4711 VII ' 4. i;;w0.41 am .---*,' WiPlemPO IIPP' L.,. , •••.11! * • ai 1L-ilk r , • �.1 miaji■1 r o ky,Asap �;; r...7`"-s imi I==-1 VIA ' .... 6.,.... .w.R, �. � .. *�X we Dn165.Ji.y..) A/ WASTE MANAGEMENT OF SAVAGE-MINNESOTA j AFFIRMATIVE ACTION PROGRAM SEPTEMBER 1, 1987 - AUGUST 31, 1988 / WASTE MANAGEMENT, INC. EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION PROGRAM Statement of Policy It has been and will continue to be the policy of Waste Management, Inc. that it shall be an equal opportunity employer. To assure full implementation of the policy, Waste Management, Inc. shall act affirmatively to assure that it will: a. Recruit, hire and promote for all job classifications without regard, to race, creed, color, national origin, sex handicap or age, except where sex is a bona fide occupational qualification. b. Base decisions on employment solely upon an individual's qualifications and interst in the position being filled. c. Make promotion decisions only on the individual's qualifications as related to the requirements of the position for which the employee is being considered without regard to race or sex. d. Insure that all other personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs, company sponsored training, education, tuition assistance, social and recreation programs, will be administered wtihout regard to race, creed, color, national origin, sex, or age, except where sex is a bona fide occupational qualification. In keeping with the above policy, Waste Management, Inc. will periodically conduct anlyses of all personnel actions to insure equal opportunity. 7 Preside t JJ�r WOODLAKE SANITARY SERVICE, INC. ASubsidiaryot Nlbste Systems' May 3, 1988 Mr. Craig Dawson Assistant to the City Manager CITY OF EDEN PRAIRIE 7600 Executive Drive Eden Prairie, Minnesota 55344-3677 Dear Mr. Dawson: Over the past year, Woodlake has been involved in numerous yard waste programs throughout the metro area. As you know, Woodlake provided a special leaf pick up for your City last fall. Data gathered from that pickup was used in the development of this years proposal. Woodlake is pleased to propose the following Yardwaste Recycling Collection Program. CITY OF EDEN PRAIRIE REQUEST FOR PROPOSAL YARD WASTE RECYCLING COLLECTION Service Area Wood lake proposes to collect the yard waste four (4) days and Schedule: each week, Monday thru Thursday. Enclosed is a sector map of the City of Eden Prairie showing the breakdown of the different days. Monday Sectors 9, 12, 13, 14, 15, 16, 17 and part of sector 11, south of Sunnybrook Road to Mount Curve Road to Franlo and Franlo to Anderson Lakes Parkway. Tuesday Sectors 1 & 2 and part of sector 3, west of County Road 4. Wednesday Sectors 4, 5, 6, 7, 8 and the remaining part of sector 3. Thursday Sector 10 and the remaining part of sector 11. Waste Processing All compost collected will be delivered to the Hennepin Site: County site in Maple Grove. Preparation: Yard waste (grass and leaves) must be kept separate from other refuse. Residents who participate in the Yard Waste Collection Program must place yard waste at the curb in plastic bags or biodegradable paper bags. 9813 Flying Cioud Drive I Eden Prairie,Minnesota 55347/(612)941.5174 _ Craig Dawson May 3, 1988 Page 2 11 Collection Cost: The Yard Waste Collection Program will run for a 24 week period between June 6th and November 18th. The cost for this 24 week City wide service, will be $89,252.00 or $.39 per home, per week based on 9500 homes. Reporting: The total number of yards collected will be documented at the compost facility and all documentation provided to the City on a monthly basis. Other Conditions: Woodlake is in compliance with all County and State labor requirements and is an Equal Opportunity Employer. Publicity: Woodlake would help publicize the Yard Waste Program by sending a special mailing to all Woodlake customers explain- ing the program. Additional notices reminding customers of the program would be sent with statements during the summer months. Respectfully submitted, Kevin R. Tritz District Manager KRT:mn , : i ' r . , k•e.Z..'_.1°J,:/.;,. ' ,,,,ek\.--) 44V. III 1 , i4--- a.:7 1 _''' —... . I At'., Imirkv 1 .!,"7" , .:-. ..:fL:"Till Wilalr-- ,,iP15171,3 ft-All 1 4",'„,,,,,Ii tri'llim,iii t'45;,: , r7,27.,___. I,1.1 Ir•la "j!... '• r'i7.44,71 .4 -;:.-•-..- ',:ditiritia ._'4 , ,:Kl.'•'-'4111 frirOFMISSIVI,Z•r4,7„.??W':,-,ttggir tr:::11M7 "Ori :MI hiliciL gi44-. ir-06,44,-. ve-IT ,L4.-;Im.,— • •,.'-, . :: 'Its, es • . r '-'.7..,',..-i'.r,!-P,,,,attv.4.,-4.• '11). - <' A4_,_ft\Yr; aFT11;:., -1.. f''.?zIL ..z....'IMUMIIIII ,4—'• Ili' . r.q,/,.-..,,;:-,41 - -ffea.„,161E unii,r-----., ,,.7-4-•-;:nitx , *xi? -, •L•.-viomilt-Tr: fa.•,.. F.i!'.1.1 p- ,,,, ‘.• - rr . A -,• r 1 z P-- ,-1 , \,_,,,....„-- 451 .-0 Ar•tas.-e. !-14c1A-if i...'i /Vii.11P;-,-- "f I i CI. • ' . 1-.'.;.'"wazgo;gimetamestO FAS ' , - . ,.---_',,...7.•, - 7,--- .- . -- .,,--. ...4..r=111r,,II 1 'C- Milk _ ' --1, --7 Fre7/4-01 j-'- ‘`, iimu , .2 r,,,.-- - ..„.". ,P ho • L'4.1- -7 p.. , r '‘` cf;• 5 , -.:. . .... 1.... -,,,,;,:-„,:,;;;LL7,411 ,•,:•:-?:'; I\ ' - N.-\,,,,,)' - . 15 P--• -- -Si ---iii.0%,..--, a.'40 \ __I , L, ••- , __ ) -,-- ,•--• .— • ,.., ____:;.-.H 7-,,,,,c,.,,,,,-7,,.' „?ii--..T.-,....4.:t...1 ; tr.„1„,,./-7" , ....,\ .e.• ;‘„ ' • ' -- 1 cr.......,,. Ls \____j ici_,'77"--'-' ,...3'...i; •-'%1;\ • _,. ..-_,..:,,, ''',...11 1. W1 'L---7. I ( ° )=.'44 .- • -. 1.‘ .. - ily , „. ,---r.,-' • r-- . . 1 1 i... ',IVO,' .,TH'71 '''' - -",.L.',-f rs •• . 0. 1 __- Ti , „ • ., ,... .-5--ThIp\ .._ . _ 1 _ •• 1 -.;,- _ --\----, i • 1 444 F.,- •- -;• " ""il--tl_ • •- 1 .. i ( 'Cl....t ,..:,::.„7,;---e-- ,-.7."----.- •- _.' ---',_„(r. -,•. -'{- I / ,-, , iii.tEN,,,„..,:,..,--j,'4..7-Ott''.; ' -- [ •----- k..--, -Th ' - 7 ' S' ",..: - -- - - ,- - - •t. r , ' . . . L SECTOR MAP f I. CITY OF EDEN PRAIRIE Ah... NORTH ,- I MINNESOTA ......_... 1 LA)'1 [ . MEMORANDUM TO: Mayor and City Council TRHU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources DATE: May 11, 1988 SUBJECT: Community Center Child Care In November of 19B7, the City Council authorized a six month trial program for child care at the Community Center. The Parks, Recreation and Natural Resources Commission has been reviewing the child care program through written reports, and on May 2nd reviewed a final report from Rick Bolinske, Superintendent of Recreation, and heard testimony from several residents that use the facility and the child care program. At this point, it looks as though the child care program can be operated on a break even basis, if the staff eliminates the weekend and evening times and is very careful to send supervisor staff home when they are not needed. The Parks, Recreation and Natural Resources Commission members felt it was important to allow the staff the flexibility to reschedule the times for when the child care center is open based on the seasonal demand for this facility, and requested the program be reviewed after a full year of operation in order to determine the demand during all four seasons. At the May 2nd meeting, the Commission took the following action: MOTION: Baker moved to recommend that the day care program at the Community Center be continued and will be brought to the Commission for review of profit and loss criteria in three months. Cook seconded the motion and it passed 6- 0. Staff would note that this program is being held in a meeting room that was not designed for child care. There is an existing folding wall between the child care facility and the temporary recreation office that is currently occupying meeting room A. Although, the staff support the child care program and believe that this program offers another dimension of community service to the Community Center that is important to the continued community support of the Center, staff does not believe the Council should plan on continued long term use of these rooms for these uses. Staff recommends the City Council approve the continuation of the Community Center child care program, and will submit a report to the Council on the growth of the program, as well as profit and loss after one full year of operation. BL:mdd MORAN= TO: Parks, Recreation and Natural Resources Commission THE: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: Rick Bolinske, Superintendent of Recreation DATE: May 2, 1988 SUBJECT: Community Center Child Care To continue with Child Care at the Community Center or not, that is the question. In making that decision it is important to look at the overall picture. Hopefully, the following analysis will help you in making your decision. A. Reasons for starting the Child Care in the first place. 1. The referendum for additional facilities onto the Community Center failed. With the passage the Community Center had direction, with- out it we had none. 2. The Recreation Staff had started many programs that brought in additional income into the Community Center. Why now start a program that potentially can lose money. 3. The Community Center now needed direction. It was obvious we were not going to see a large increase in facilities. Staff felt we must move forward even though we had just suffered the loss. Plans called for the Child Care to be the heart of the new direction for the Community Center. • 4. It was obvious with the failure of the referendum that the Community Center had a small base of support. That mainly came from hockey and figure skating persons. Staff felt it was important to build up a base of support. It was felt that with Child Care we could build up a base of support with parents and users of the building. 5. Staff felt the Community Center should be family and community orientated offering programs for all. The Child Care fit into those plans. 8. Staff anticipated the Child Care to be a losing proposition. We were hopeful the loss would be not so great that we could make it up by other programs that benefited from having a Child Care within the building. Staff looked at the Child Care as a loss leader. An example of this would be as follows. Stores sell pop at a loss to encourage customers to come in and buy groceries at their store. The hope is the loss they take on the pop is made up in the groceries that people buy. Another example would be at the ball- park. Venders would sell hotdogs cheap to encourage people to buy a hotdog and then hopefully they make up the profit by selling them beer or pop. They may lose 5 cents on the hotdog, but make 80 cents on the coke. B. Current statis of Child Care at the Community Center. 11 1. Since the last meeting with the Eden Prairie Parks, Recreation and Natural Resources Commission the numbers using the Center and the income that has generated has greatly increased. 2. We receive many compliments on the quality of care provided the children. We also receive many compliments from users who now use the Community Center on a regular basis because of Child Care. 3. Classes that had not filled previously are now running with a large number in them due to Child Care. 4. Users of Child Care who now use the Community Center have doubled in number since we opened. 5. We have sold additional memberships due to having Child Care, and classes available for the patrons. 6. Over 150 different families have used the service provided by the Community Center. 7. Numbers using Child Care are still climbing. Last week was a record week for number of users with 90 and a record week for number of users using the building at 67. 8. It is obvious that we have built up a loyal following who enjoy the Community Center due to Child Care. They can become the "heart" of the Community Center user. 9. The Child Care now is making money during the day, coming close to breaking even in the night sessions, but continues to lose badly on Saturdays. Going back to my example of the hotdog at the ballgame. Once people enjoy the hotdog they buy at the ballgame the person is able to raise the price to make it profitable. We now are in a situation where we can actually make money on Child Care if we would choose to do so. 10. We have now found another support group in addition to figure skaters and hockey. This support group is not so one dimensional. Persons who use Child Care use the pool, use the fitness center, use the ice skating rink, use the racquetball courts, and many attend classes offered by the Community Center. C. How the Child Care fits into the long range plans of the Community Center. 1. The leadership Rita Phelps has shown in Child Care must continue. Quality care must continue. If leadership or quality care is lack- ing the numbers can go back down. 2. Numbers using Child Care should double in the next year with quality leadership. 3. With the doubling of Child Care the numbers in classes should continue to increase. New classes in aerobics, swimming, skating, and the fitness area should continue to increase. JiL 4. Children using the Child Care now will grow up using the Community Center and will continue to get in other classes. With the increased number of kids classes such as For Kids Only, Skating, and Swimming should continue to increase and be easier to fill. The dream of making the Community Center more kids orientated can then be realized. With this plan though, adults will not be for- gotten and will use the Community Center in greater numbers, because there will be more for them to do. 5. Long range plans should include setting up a citizen support committee similar to YMCA's to give the Community Center both direction and input to programing. This group if handled right will be loyal to the Community Center and be very important if a referendum is ever proposed to enlarge the building. 6. Many, many more positive offshoots of Child Care can be realized with proper leadership. So many doubted that Child Care would survive and do as well as it has. It now should be obvious to all the many benefits it will provide the Community Center. I am thankful to Rita Phelps for the foresight and determination to make Child Care possible at the Community Center. Without her dedication Child Care would not have been possible. Without her the decision on Child Care would have been an easy one. D. My recommendation. 1. Close Saturdays. 2. Cut back the night hours to times that it is profitable. This is especially true when we have classes such as Aerobics going on. 3. Keep the daytime hours open. 4. Continue to monitor the income versus the expenditures on the Child Care Center. Increase hours only when income demand warrants it. 5. Have a group of users plus staff determine changes necessary for the Child Care. Receive all input before making decisions on the Child Care. Refer to plans 1 through 6 on ways to eliminate losses. • /U17 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RES. COMM. May 2, 1988 -6- 5. City Council Meeting Report The following actions were taken at the April 19 meeting: A petition was received from the Mitchell Lake Homeowners Association asking that the level of the lake be raised. The Council denied the request. The Edenvale Golf Course Proposal was withdrawn. The Preserve Homeowners Association trail issue will be discussed at tomorrow night's meeting. The Lake Riley Chain of Lakes project was approved. Preliminary approval has been received from the City of Chanhassen to share the costs of this project with Eden Prairie. The Purgatory Creek Recreation Area major access study by Brauer and Associates was approved. The Lake Riley operations policy was approved including mooring in marked areas, etc. B. Reports of Superintendent of Recreation 1. Day Care Program Update Refer to memo dated May 2, 1988 from Rick Bolinske, Superintendent of Recreation. Bolinske said many changes have occurred in this program since it was last reviewed by the commission. One of the most significant was that outside care was offered at a higher fee than was charged to members. Baker noted that income approximates wages in most cases and that child care is now running on a break even basis with the exception of evenings and Saturdays. He asked what is projected for the future. Since there was an $18,000 deficit projected in February, he asked if the program can continue breaking even on a regular basis. Bolinske said it could probably be doubled within one year. Baker said he questions whether the facilities are adequate to double the usage. He asked if there have been any problems encountered with the away care. Bolinske said no. ' Lc' UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RES. COMM. May 2, 1988 -7- Claire Hilderman of Rustic Hills Dr., a day care provider, said she does not feel the child care at the Community Center is hurting other day care providers. The cost is very low and provides a service which Cannot be found anywhere else. Ann Florizano of Kristie Lane commented that many of her friends are members at Flagship and Flagship does not offer this type of care. She feels the number using the service will increase in the future. Cheryl Boettcher of Tartan Curve said she appreciates the day care center and thinks the care given is wonderful. She does feel that the hours should be extended in the mornings and afternoons. Baker said he feels the profit and loss situation should be reviewed every three months and changes made if the need arises. Shaw asked if child care at the Community Center has been advertised. Bolinske said yes, but it could be advertised more. Shaw added that care needs to be taken so we don't advertise to be losing money or having lost money. Cook said he doesn't feel this commission is qualified to make decisions regarding hours, etc. He said the people who operate the program should monitor it, make changes and fine tune i t if necessary. Shaw asked if the commission can charge those that run the program to do so on a break even basis by whatever means they find necessary. Lambert said the City Council has to establish all fees charged by the Community center. Baker asked Rita Phelps if she is comfortable with the fee schedule as it is. Rita said she is comfortable with it, but feels the hours should be extended. Sheila Jefferson of Ticonderoga Trail said she has a friend who is considering becoming a member at the Community Center because of the child care although she was unsure about what running on a break even basis meant. Baker said staff is trying to cover the wages involved in the child care program without losing money. Lambert added that there are hidden revenues not shown in membership fees. /1 /V/J UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RES. COMM. May 2, 1988 -8- Joan Angelson, a new resident in Eden Prairie, said it is difficult to find child care when you are new in the area and she feels the program might be at a break even point without staff realizing it. Lambert said the bottom line is that the net costs should pay for the staffing and make it easy to justify the fees that are being charged. Fees should be comparable to what is charged in the private day care business. Jean Femray of North Hillcrest Court said she is a day care provider and gets at least four calls a week asking about daycare. She doesn't feel this program is in competition with her. MOTION: Baker moved to recommend that the day care program at the Community Center be continued and will be brought to the commission for a review of profit and loss criteria in three months. Cook seconded the motion and it passed 6-0. 2. Trollwood Presentation (tape) This item was cancelled. VII. OLD BUSINESS None VIII. NEW BUSINESS None IX. ADJOURNMENT MOTION: Cook moved to adjourn the meeting at 9:15 p.m. Richard seconded the motion and it passed 6-0. Respectfully submitted, Lois Boettcher Recording Secretary lOjti • NUMDEA.OF Chili.cR4Al PER WE-K ._._ � to r' IvW W ...� `A 'r► c►1 V7 61 61 6c -•J ^1 a) co to - _..._ - _.-_- ---- NCO � 0:tN6No -Ra0ivs0 - 00N 6N0 -aCp - - -- - - -- - --- m N rIT -7 -0 - ---- - - - - - - _- .-- m TNANK561VINb TP- E CHRIsrn 8 4a - �r R —5 Z A oz Z �- I -- - ►)— CP 1 (r )-- lA rl --- - -- 113 - -- - - - - EA57`!21.S Pei ao-.I3P,K__ uct. t 2 y'1 3 5 35 12 ....37 iy 31 26 ' 31 c Nov. 2 pool closedA ...,,,�0 V. pool closed 45 16 pool closed, . 33 23 Thanksgiving irk 17 30 ?ool reopens 52 Dec. 7 40 • 14 28 21 Christmas wk 10 28 New Years wk. 5 Air Jan 1. .24 • 11 31 i8 36 . �5 40 Feb. 1 ..34 Away 8 Away.starts. . 40 12 ?2- 15 40 28 68 • 0/73. IO 22 • 40 20 too 29 .59 26 '5xa(00.9S Mar. 7 53 22 /7 g / 82.0 14 52 19 7/ 3.9s- pen by 9eserva- 21 38 29 67 Z//. 9() :ion only 28 Easter, Spring br.24 19 i/3 /39. 9j Apr. 4 53 25 4 Z33.N 11 56 25 S/ g /4e. /.i 18 6? 23 9 0 bib vj 1'\ c . 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' r t Ai '--t''\ i• -t- _ ' ----77._ ,'-i , .k.'!. .- 7----- -- --------Q,,-', ---.)NI-- ' U\ ' 4 ,f, 'c) ' _.,; lA ' ' v V\ --N• kh 0 i .N" Ili-'----:- V 1 —----•1,\- --- 1. N 1 i i —77 -4)--- \a 7—•i-1.—-,--- .—— -7— - --7L1-1 -----)714A---- —H—i — . k4 • ! -- ) -. -•--) ----------1-77.-1:----. .-k----;1 1 - (\ . ___._.n______*,.________ _____ ___.,L_k_ _ .t ----' , --- .----: '-----K \-• tk - ' - _..- - __ _ .____ ___ ,.. ..,.. ....z . ....1,,, •kv \\ ___ ..____•.... . .._ ..__ l`t _.__..... . -.. ._ - ,---- --- • ---- - - --- --- ----sk ---L- - k - -. I) p - - . • --------- -. -- - - --. . - 1), 1 -- - ,,t- • Amr4.:L.1 19, 198 Arr7den Prairie News 11 •8455 Flying Cloud Drilp, Eden Prairie, IT 55311-4 To the Editor, As a taxoayer and a oaren.t in Eden 'Drairi2, I am writinc about the Center Care at the Ca-munity !Center. I am a frequ=nt user cf this child care center, for bcth in and ray from the center activities. About two months ago I joined the 1C0-mile swim club because I could droo off my 10 month old there while I swim. I nov do that three times a ;se: . have scheduled numerous doctors and dentists anneintments during the day- time since the "away" care began. It used to be very chaotic to do this all in the eveninz when my husband oculi watch cur daushter. There ':CS usually cn2y one nirtht per weak which the dectors-worä? which meant waiting wee;;s for an acpcintment. Once that ni.,:ht came it made for a very long day. le have lived in I:inneocta only one year and have ne family here at all. Almost all of our friends :re also from cutside the local area, and have similar situations. We have be setting more and Lore names of babysitters, but sti almost alvays have a di"1 -ult time getting one. Finally, when Center Care besan it seemed we found the per- fect so:ution to our needs. I hav? found Center Cara to be a very convsnient, safe and caring place to drop and my child. She profits from it herself in that it is a main source of other children for her to play with. She gets to be in / . fun, stimu2ating environment while I do some needed things. I put a lot of time into parentino and do not look towards Center Care to get out Of dcino my cab. From the soeed with which '.Cden Prairie is grcwing, see chaid care as being one of the most needed services in the area. As far as I !mew there is no cthor nlace which off2rE what Center Care does. There are other full-time day cares and some other drop off 'laces for childrsn ower about two years old, and also some ether health slul:a with child care while you Use the facilities •'s far as health club , wa do not want to belong to other olac=0. which cost four and more times as ouch as the Community Canter, when the Community Center hes everythIng we need. • I h:i heard tan recantly of clooing Center Care becmyae it is los- ing money. For me, it is one o' bi7gest. reaocno that wa have a family Community Cents7 me7.hershin tall. i the three . -:oaro'ae class Ti., been in there since Center Ca.re ro0ue' almost every othe:• claaa brouht at lsast en? child to Center Care '-ma br-usht twe tmember hree childrsn These c7asees, whioh br'.1g a lot of money to tle Community Canter, muld 71.%obably not be :lbo to be o7fors'i vith-ut such a sarvir‘a. • .11=.•••••\ • 1.7 It would be a great, great loss tc the ccm_unity if Center Care were closq Most unfair of all would be to make such a hosty decision when Center as cnl•, been open since Cctober 1 , 19N7, without even to exist all four seasons, ,have no idea how much h ndthe Chaves during the rest of the Year, rdeaat: it nay have • in whatever way I can to keep ;it going.' would be interested in helping Joan Angelis 7017- Beacon Circle Ed an Prairie, 1•'N 553W1 • Q34-5551 y/42-- 4;46 cc: Mayor Gary Peterson Coucilwoman Jean Harris Councilman Richard Anderson Councilwoman Patricia Pidcoc'_c Councilman George Bentley • • • • • 1 April 23,1988 Dear Sir/Madam, It has come to my attention that the Center Care service at the Eden Prairie Community Center is being reevaluated. Apparently, two day care providers have complained that business is being taken away from them and are insensed that it is subsidized by their tax dollars. There are also some financial concerns that need to be ad- dressed with respect to its ability to run in the black. I am a user of the service and have opinions that I feel you should hear be- fore you make a decision. First of all, the claim that these day care businesses are being hurt by the service is unfounded and I am very surprised that it has even been brought into question on these grounds. This service is used, in great part, by familieswhose mothers are at home during the day to take classes or participate in programs at the Center. Families that use a full-time day care provider are those where both parents are in the workplace. The demographics of the two groups would indicate that the type of services required are totally different. I don't know of any full-time, private day care provider who would allow drop-in baby- sitting on a very occasional basis or for an hour at a time on any given day. Unless these two providers are willing to accomodate the needs of my demographic group, at competitive prices, they have no basis for com- plaint. My tax dollars subsidize meal kickbacks to licensed day care providers and I don't use their services. Does that give me the right to ask that they be closed down? or to complain that they exist at all? The fact that the City could entertain such a ludicrous claim is dis- turbing, at best. As the mother of two preschool children, I am typical of a large group of families in Eden Prairie. One of the biggest draws the Center has is the Center Care service. If this service was discontinued we would be forced to seek out similar programs,i.e. swim classes,etc., at a nearby YMCA where comparable services are provided. Your daytime programs would slowly die out, and with them any revenue they may have produced. Herein lies the bottom line, money. If the service is in the red then raise the prices we already pay per hour. Most mothers I know would gladly pay a little more for the convenience of having their child- ren in a safe enviornment in the same facility. One that is small enough to afford personal care while large enough to accomodate flexible schedules. IOaU ..E But I also challenge you to place a greater value on the needs of the families who use the Center and to appropriate the funds to help it grow. Cut your municipal costs somewhere else. If Eden Prairie truly "Loves its Kids", then put private interests in perspective and make public programs accessable to all of us. Sincerely, //''// QiLQ2� Gfi u_ Karen Weber IGyo F- <-!o e. £.fP. , /I,?it/ 6s.3/" • cc/ Gary Peterson Jean Harris Richard Anderson Patricia Pidcock George Bentley • /J.; r • Please return to the Office or Center-Care I use Center-Care service because 43 [7'S rWe:T74 /v /ot41-aic/; CaNJF/►Enrrolp o f PS/2 rovdeil , 7ye th is OUTT D/I, ! Oa,- 5ah sees Q I± )% e tl detfraesc{c,/,7e%ef Qac 4."-e k c ua-c{n fr ccrt-ey� Cent 4, c:s I) ait ItQ. I,/c s EPCC fke bsf 6y - /4/ ir e ar _n144,— ��vr �s� �! T 14.4+ tiz eak ctork., 2uJ 44 4roelics 3 51 gionh°f f et la-e. , ct e ;f ✓lvd- r„- S serv,i!e �� ofke.� -I �� s ..-), /1q / — cuar.JS ev e 1. Are you likely to use CE R-CARE during summer months for: IN the build.ing own us'-, ling poohuse etc) ROUND LAKE AWAY (same program we offer now 2. Would expanded afternoon hours be helpful 3. If you plan other childcare during the summer would you want the service again in the fall? /v ahk 74 lest t,^ (O�jl�t!lli� eo,s?`t,„ of ail Ce.� Gate e>. i,Lf �1c%.e7, Please return to the Office or Center-Cere 11 I use Center-Care service because r kwc�e t'A fY._ r/,,../?ov 1 0,, l Q,, .nnI Ybp-1-0 in n /dn(�c,,t.r,10 r r' I S I/2v/r� O1 ,O/7PC/(te (�P rl d ri LP11 Lu I �- �1 U -Pe)J1 -f -- f ll,t i` Y1_u m l�v,( ,,7' C�'17 1,11-e11. Al- Cent-- I.LZr'e r rrY..(,) 1'1;)u, ?77 Pam, 4N T/!2 717/lu T.",Lc3rng +41e -Pcro, It j ltof- -0,,- -frc ip `,ccz- a, "A" re- 0.4 ev 42 ,� $.3 rYla (<r `Ma 4(1-ge,of), In ho,nn cd,le 4 l/et) I 1P C,I0SS 0, 11017 Please return to the Office or Cente Care I use Center-Care service because 1 1..\?0. t r,r„,;n4 ',414,c. (n ,11,4- A^ (/ v V ,11`X j,»c ` i J Li �J e 1� c ,�lh- ,z4n:- i, nl- IV,� c� c•/, �l,.lf�-u, K T l-� 1'- 5\a4� lrc`it1.,4 , --1-,-r --VIA-1.-1- . i,47,c Y1.s SPi.Zili:rr T 14'r S,( IA '1-(Lk mej(r) tc(.h\(Q , , ri,iIIt Il4e:1f Y11�j ri?',C,('i'�-,-1'V Sol': Ill_ 1,`,- _k,- °.s^ Z^ cKTjr11 n)1,uj ri,(er (`fit'gr'rr\ nr:Irf' 112cr. S1 +rc( k-1- 1. r.,- 11 6r.aV:- -4, I1,)"('V ,1t+ I,(Se fc-iilrvs Cbt1-?1^T.'_ J eN.2ilf-tic 41 (,"ECG.\ PALN 61(tC(Refl Wilk� -- • *-xee-eisek . 1. Are you likely to use CANTER-CARE during summer months for: R the building ( own use, sibbling pool use .etc) I.rr � �Lan b�1z.n t t AWAY (same program we offer nowj��rIA,±ice },, 2. Would expanded afternoon hours be helpful UPS AuL.�"n Nrr., S,,v„,, cc, -11 3. If you plan other childcare during the summer;��would o want the service again i:-. the fall? (Pe'--, /�I j� n U /T5o J.-. (Jc (^ jr kk2. 11ti\ l'.0115' H6.-‘c\ brC0411(, - 411QI1-a�IQri7k }'1�collEN, but-V LJCulck Ylci-eUcv% c�.3-ts(c&R__:T iT`Itic.z� (.,u-„cc._ I'Y% GN sl c(llICC c`u12� ?/1.2.,,a21._,...) y p 1,..- /0„' / r_ease I use Center-Care service because ;/- cLctrCaJ ryr_a_ Zr�*'�+ 4-0 -1.„,y P kc w-ems rn-U ., h r o d a h, ft..1) n1,c!U �21=ftu.-- rn 2 •1_ , orbit, 1v, Pmmiri-H , J) Y Lv.rvc6.1, 4i� noitnUl --CAc�? Q �(n?).)0---) )7 (70_ (L,.j) a- 10 rr,ti,,411) oe,a.. In,,,i� � o.rt.l lrrt 1;"(17l VAL... ay.; fr u. yho r•1r _ `-0 -ern.Atr,Alytnr,rtl X.P.,/1f ,4721i•-zi-, i /h - 4179• E'Qdn)0 d�_ In • , a.o fiA.S.2 l Are ,you likely ttl use CENTrR-CARE during sumng months for: IN the building ( own use, sibbling pool use etc) L1C•o ROUND LAKE p„.i„, Qc.- uU AWAY tsame program we offer now) fut.-1.- 2. Would expanded afternoon hours be helpful Q(kAuI4u Lorry_ /lu,u2� kit 3. If you plan other childcare during the r,w uld" yo/u�waant the service again in the fall? �z�� tpQ�� ( 1'_ Please return to the Office or Center`-Care I use Center-Care service because 21- 4O -r r>rt& 1r'7C U. /(i�+LJC" Ar • Pr/114tr. n� r n _ //fQ�a�n�.ry /!ir e ( �n��/n �/" / O d A_ . he / U lte /�/ y!ty-„/I' 4- , rf/'n 7,044. /%v /( „ i4 �/,io49 U 00 j"// - // a n.i,i n.l>/�i -f;7—,,. /?' �7i1,G! /yr9ti/ir,�Ji /1JJ�l•'�n?1i•, ���r�Ia ,f1. 4r/, It n 4 try,n h a1 F A 11 li-e/o. "elf � (4,1t, 71� iT V 1. Are you likely to use CENTER-CARS during sur=.ar months for: � IN the building l own use, sibblir_;; pool use etc) /1„'/ ROUND LAIC AWAY (same program we offer now) . / 2. Would expanded afternoon hours be helpful U 3. If you plan other childcare during the summer, would you want the service again in the fall? 01'2,. U /3:t =lease I use Center-Care service because O y CAi%/1 en-ie .; 7/Ap o741et-r17./�`-�4 14- Hie CITYh0SU1Jo/C. yertb11( 1,�-X7e, IJPP/iS fh See n ar !' I�Py. r PP ea, 'I tlr'KP.f71 del-DIf inPP/ Coh,niiit 71r "ySe/ ' es hieed '�d mn,�e icclbrs app13. pry(( exc ir(r•se 3l%�G� //--7'A e'er,lei: rl� .& ores f a/,l rP li) gnfiyA /en.,S „ere. .Z'/s Ch t-tf h, A.)l// r•Adit e/7/-ea, =CI' 1i AVMfi 71v1✓/ham h/i/i,11p0r"141vnr-i- L halt,/ k co(/. Zv& hrr�{ �4 71.nke. Ai r c�1,7 MMe, gn rr �������/�/n�„;,/, n( r on ce- whrcl1 turned ouf d'setS OuS. 1 ca.vno7� !If D/rd 40,jah the cy/t�r' e a , c/u b5 are-a, ara n nn o -ahem have-40/3y ar•e- any 414y- 1. Are you likely to use CENTER.— e.2 during summer months for: IN the building ( wn fuse, sibbling pool use etc) De-In//eI/ ROUND LAKE AWAY (same program we'offer now //^Q/anb/v 2. Would expanded afternoon hours be helpful I/ey lyjl{G!? 3. If you plan other childcare during the summer, would you want the service again in the fall? ye.S- C-CTi- - r,--hvr e4;/dCQr6 Please return to the Office or Center-bare I use Center-Care service because Z -}Q)(._C ork_YT)nce "tap rr y. 15 vrr. rlrt 16 toll -lrtkc cc(Ve r,-F tohi le Z Ct -n Th16 Inlet. iviJ Loh r i lA CiS PnrCIIs'cl nt i cto.f co-ler. LC,4 ft Li- 4I-x chi iri tRVe D(I U,CtcCt `r Lori I lc( prr hctbt�j. nXi f?xrnbx rsh_tf n4 4h c(n ;,- 1. Are you likely to use CErrat-CARE during summer months for: IN the building ( own use, sibbling pool use etc) V/ ROUND L.41, AWAY (same program we offer row) in a �iprn" 2. Would expanded afternoon hours be helpful -Tr,- m Ir; I-F •tiv hc:;,r- ru-A C. '. ; Z• ) i nO4Duk,'r x_-ICv u� 3. If you plan other childcare during the summer, would you wart the service again in the fall? k)/4 • /,( 9 I use Center-Care service because � _L.)A a (-1 ,-�, fr+, Ac' ;N.JNr-(q. A -� lit — �c � • i ,J.11. •n1 • I. ).C-U- 6- . ICY\ 4 fR.,\�\C\/''1 'r(`-C_ I V\ J r 1. Are you likely to use CENTER-CARE during summer months for: IN the building ( own use, sibbling pool use etc) �!o� ROUND LAKE lyvi. \\f,.0 AWAY (same program va offer now) `fY\n 2. Would expanded afternoon hours be helpful Ne'\ \^q, 3. If you plan other childcare during the summer, would you want the service again in the fall? Please return to the Office or Centel-Care I use Center-Care service because 'R l Q.- e.Itc,I eo / ^-16-4 Ice . C pkAAPLk-fi.ti.e L(P 51dty i/J cNgc Fit et "rh-C.cy� a (L2X J�uQ di I t e IC Eiti ,(AtA //XL41f- /0/1k 04A-i4 .1)lt0 vcle,+o (,6 i % 441 Q-Chci(c e. bti,t.iV S ce �Q- n ice (Cp G7ck.gvc, f 16mo t Iv (Vtliw,4 -61. eiLteAfjf, 1. Are you likely to use CENTER-CAPE during summer months for: IN the building-, t own use, sibbling pool use etc) 1,,0 ROUND LAKE �t AWAY (same program we offer now) .1(p11 2. Would expanded afternoon hours be helpful 3. If you plan other childcare during the summer, would you want the service again in the fall? ) tilt n. Pfr` /' (J I/eO - MEMORANDUM - TO: Mayor and City Council FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: May 12, 1988 RE: Equipment Maintenance Staffing Changes • Emmet (Bud) Sager is a mechanic in the Equipment Maintenance Division. Bud has been an employee with the City of Eden Prairie since September of 1970 and has been looking forward to retirement in 1989. Up to about 18 months ago, Bud has been an effective employee with the City of Eden Prairie. Due to a number of illnesses and injuries, Buds ability to perform his typical duties has been extremely limited. Most recently, he injured his back in August of 1987 and reinjured it in January of this year. Our doctor has assigned a permanent 30-pound lifting restriction, which makes it very difficult for him to perform his normal duties. The Personnel Department is pursuing the possibility of a permanent disability for Bud. Aside from the disappointment of seeing a good employee reduced to a limited work capacity, the Equipment Maintenance Division is operating shorthanded. It is therefore imperative that we be authorized to hire an additional mechanic to help service the 175 city vehicles. The current staffing level for Equipment Maintenance includes three mechanics and one mechanics helper. During the preparation of the 1988 budget, we internally discussed the need for an additional mechanic to service our growing fleet. We decided that we were right on the boarder and we could manage an additional year. However, it has been my intention to seek an additional position for 1989. With the personnel shortage created by the injuries, I am specifically reqesting that the position be authorized at this time approximately one-half year early. EAD:ss /v3/ •