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HomeMy WebLinkAboutCity Council - 04/18/1989TUESDAY, APRIL 18, 1989 AGENDA JOHN FRANE EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive FINANCE DIRECTOR COUNCILMEMBERS: CITY COUNCIL STAFF: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas 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 Gene Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL RESOLUTION NO. 89-77 PROCLAIMING APRIL 24 - APRIL 30 AS DISABILITY AWARENESS Page 751 WEEK I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Housing & Redevelopment Authority Meeting held Tuesday, March Page 752 7 1989 B. City Council Meeting held Tuesday, Mare.] 7 1989 Page 754 C. City Council Meeting held Tuesday, March 21 1989 Page 764 D. Housing & Redevelopment Authority Meeting held Tuesday, April Page 774 4 1989 E. City Council Meeting held Tuesday, April 4, 1989 Page 776 III. CONSENT CALENDAR A. Clerk's License List B. Approval of Charge to the Charitable Gambling Study Committee C. Arbor Day Proclamation (Resolution No. 89-76) D. Preliminary and Final Plat Approval for Donnay's Round Lake Estates 3rd Tcated south of Evener Way and east of The Ridge 2nd Addition) Resolution No. 89-69 Page 790 Page 791 Page 792 Page 796 E. Receive Feasibility Study for CSAH 1 & 18 Vicinity Drainage Improvements and Set Public Hearing, I.C. 5 - 2 Resolution No. 89-74) F. WESLEY E. LANGHOFF RLS by David Brown. A request for Preliminary and FinirApproval of Registered Land Survey of 11.6 acres into one tract. Location: 9801 Spring Road (Resolution No. 89-75 - Approving Registered Land Survey) Page 799 Page 800 City Council Agenda - 2 - Tues.,April 18, 1989 G. Award Contracts for I.C. 52:161_, 1989 Maintenance Materials and Water Treatment Chemicals (ResolutionNo. 89-72) H. Award I.C. 52-163, Articulated Motor Grader (Resolution No. 89-73) I. Preparation of Water System Analysis (Resolution No. 89-78) IV. PUBLIC HEARINGS A. Request gy Edenvale Company to Refund (Refinance) $5,390,000 in Bonds Issued for the Edenvale Apartments Project B. Easement Vacation #89-04 - Vacation of Utility Easement Over Part of the North Half of the Northwest Quarter of Section 6 (Resolution No. 89757 V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Lion's Club regarding Charitable Gambling License Application (continued from April 4, 1989); and for a member of the Lion's Club to serve on the Charitable Gambling Study Committee VIII. REPORTS OF ADVISORY COMMISSIONS A. South Hennepin Human Services Council - Presentation of the Annual Report by Tim Culver and Larry Oppold Page 803 Page 806 Page 810 Page 812 Page 814 Page 823 IX. APPOINTMENTS A. Appointment of 7 members to the Charitable Gambling Study Committee X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Director of Parks Recreation & Natural Resources F. Report of Director of Public Works 1. Self-Propelled Sweeper 2. Special Assessment Policy G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT Page 828 Page 829 Matta DISABILITY AWARENESS WEEK RESOLUTION NO. 89-77 APRIL 24-30. 1989 WHEREAS: A significant effort is being made Statewide to e l i m i n a t e b a r r i e r s for disabled persons in the areas of employment, housing, transportation, education, and public accommodations; and WHEREAS: Many individuals with disabilities are living indep e n d e n t l y i n o u r community and participating in community activities such as community education and recreation; and WHEREAS: Both city officials and school administrators desir e p u b l i c a w a r e n e s s as to the issues and concerns facing disabled persons; and WHEREAS: Residents of our community need to become mor e a w a r e , n o t o n l y of the limitations disabled persons have, but also of their tale n t s and abilities; and WHEREAS: The Governor of the State of Minnesota, and eac h o f t h e S o u t h Hennepin communities, are proclaiming Disability Awareness W e e k i n recognition of the contributions disabled individuals make wit h i n t h e State and the communities in which they live: NOW, THEREFORE, I, Gary D. Peterson . Mayor . City of Eden Praivie (Name) (Title) (Entity) do hereby proclaim the week of April 24-30, 1989 as DISABILITY AWARENESS WEEK in Eden Prairie, Minnesota . Further, I urge all residents of our City to be more open and attentive to the needs and ab i l i t i e s of persons with disabilities. Dated this 18th day of April , 1989. (Signature) Mayor (Title) HOUSING & REDEVELOPMENT AUTHORITY UNAPPROVED MINUTES TUESDAY, MARCH 7, 1989 HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: HOUSING & REDEVELOPMENT AUTHORITY STAFF: 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Chair Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas City Manager Carl J. Jullie, Finance Director John Frane, City Attorney Roger Pauly, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL All Members Present I. CALL MEETING TO ORDER II. HRA RESOLUTION NO. 89-01, APPROVING REVISIONS TO THE TAX INCREMENT FINANCING PLAN FOR PRAIRIE VILLAGE APARTMENTS City Manager Jullie stated that the Prairie Village Apartments project would provide 56 housing units for the elderly. He added that revisions had been made to the facility based on recommendations from the Human Rights and Services Commission. Jullie stated that Staff was recommending approval of Resolution No. 89-01 related to revision in the tax increment financing. Sherrill Kuretich, attorney representing the proponent, stated that the changes were minor. Kuretich said the amount of the market value upon completion of the project had been changed from $6,500,000 to $5,100,000, which represented the amount of financing being requested. She noted that the plans and the costs of the project had not changed. Kuretich stated that an error on the rent schedule had been changed on Page 18 of the Tax Increment Financing Plan to reflect 16 two bedroom units for elderly housing rather than one bedroom units. Kuretich said that upon the recommendation of Assistant City Attorney Joe Milan, clarification had been made to the Project Management Agreement related to the developer's equity contribution which would be deducted out of the sale proceeds before the City's participation and what the percentage of the profit on the sale would be. Kuretich noted that Attorney Milan had been concerned about the developer requesting a guaranteed return on the investment, which was not the case. Director of Finance John Frane stated that because the developer's contribution was cash and the City's contribution was Tax Increment Financing, it was necessary to clarify how the profits would be shared upon the sale of the project. lousing & Redevelopment 2 March 7, 1989 MOTION; Anderson moved, seconded by Harris to adopt HRA Resolution No. 89-01 approving revisions to the Tax Increment Financing Plan for the Prairie Village Apartments. Motion carried unanimously. Anderson commented that he was pleased to see this development which would bring the City of Eden Prairie closer to reaching its goals for elderly housing in Eden Prairie. Harris concurred. Harris asked Jullie how many total units would be available for the elderly with the projects currently proposed. Jullie replied approximately 185 units. III. MINUTES A. Housing 4 Redevelopment Authority Meeting held Tuesday. October 10. 1988 MOTION; Harris moved, seconded by Pidcock to approve the Minutes of the Housing & Redevelopment Authority Meeting held Tuesday, October 18, 1988 as published. Motion carried 4- 0-1. Tenpas abstained. IV. ADJOURNMENT MOTION: Pidcock moved, seconded by Anderson to adjourn at 8:10 PM. EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, MARCH 7, 1989 COUNCIL MEMBERS: CITY COUNCIL STAFF: ROLL CALL: All Members Present 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Finance Director John Frane, City Attorney Roger Pauly, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund SPECIAL RECOGNITION TO SERGEANT JIM MATSON AND HAWKEYE Officer Tracy Luke of the Eden Prairie Police Department gave a presentation outlining the honors received by Hawkeye and his trainer Sergeant Jim Matson in both Regional and National competitions. Luke stated that in Hawkeye's years of service in the canine unit he had assisted in 7 felony arrests, the apprehension of 4 fleeing suspects, and 4 car theft arrests. Luke believed that Hawkeye's record both in competition and on the street were excellent. She expressed appreciation to Sergeant Matson for his many hours of training and care given to Hawkeye, which helped to make the streets of Eden Prairie safer for fellow officers and the residents. Sergeant Matson thanked the City of Eden Prairie, the City Council, Eden Prairie Lions Club, Eden Prairie Jaycees, and the Crime Prevention Fund for the past and present support of the canine program. Mayor Peterson presented Sergeant Matson with a plague which expressed the City's appreciation for his and Hawkeye's seven years of dedicated service to the community. COMMENT; EY DIRK DEVRTES Mr. DeVries from the Metropolitan Council expressed his appreciation to the City Council for its support for his reappointment to the Metropolitan Council, I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS OT ION: Harris moved, seconded by Pidcock to approve the Agenda as amended. City Council Minutes 2 March 7, 1989 ADDITIONS: Add VII.B, Resolution No. 89-43 Advanced Acquisition - Midnes Property for the Highway 212 Corridor. ADD VII.C, Resolution No. 89-56 Advanced Acquisition - Otterlie Property for the Highway 212 Corridor. Add XI.A, Snow Plowing. Add XI.B, Letter II. BOND SALE City Manager Jullie stated that bids were opened today for tne Sale of the Bonds. Mr. Langness representing Springsted, Incorporated, stated that the interest rates were higher than expected. Langness said that the rating agencies were impressed with the growth of Eden Prairie and also with the manor in which the City was handling the rapid growth. Langness noted that the bidding was aggressive. Tenpas asked why the bidding was more aggressive this year than in the past. Langness replied that it related to current market conditions and the City's ability to maintain its growth rate and control it. Langness recommend to award all three bonds to the syndicate headed by Piper, Jaffray & Hopwood, Incorporated. A. Resolution No. 89-53, Award_in2_114 209,000 in CertificAtes of Indebtedness MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 89-53 awarding $1,200,000 in Certificates of Indebtedness to the firm of Piper, Jaffray & Hopwood, Incorporated. Motion carried unanimously. B. Resolution No. 89-54, Awarding Sale of $2,060,000 General Obligation Building Refunding Bonds Harris moved, seconded by Pidcock to adopt Resolution No. 89-54 awarding the sale of $2,060,000 General Obligation Building Refunding Bonds to the firm of Piper, Jaffray & Hopwood, Incorporated. Motion carried unanimously. C. Resolution No. 89-55, Awarding Sale of 12,170,000 General Recreation Refunding Bonds HarEis moved, seconded by Pidcock to adopt Resolution No. 89-55 awarding the sale of $2,770,000 General Recreation Refunding Bonds to the firm of Piper, Jaffray & Hopwood, Incorporated. Motion carried unanimously. City Council Minutes 3 March 7, 1989 III. MINUTES A. Eden Prairie City Council Meeting held Tuesday, Octolzer 18. 1988 MOTION: Anderson moved, seconded by Harris to approve the minutes of the Eden Prairie City Council Meeting held Tuesday, October 18, 1988 as amended. CORRECTIONS: The date on the heading of all the pages should read October 18, 1988. Page 3, paragraph 3, line 13, should read: Gustafson noted that he had been late to the Planning .... Page 4, paragraph 7, line 4, should read: could be spot zoning. Page 14, paragraph 1, line 8, should read: prefer that the sale of the property would not occur at this time. Motion carried 4-0-1. Tenpas abstained. B. Eden Prairie City Council Meeting held Tuesday. February 7. 1989 MOT ION: Pidcock moved, seconded by Anderson to approve the minutes of the Eden Prairie City Council Meeting held Tuesday, February 7, 1989 as amended. CORRECTIONS: Page 14, paragraph 6, line 2, should read: committee and to then allow time to Page 14, paragraph 6, line 3, should read: reflected in the news media. Motion carried 5-0-0. IV. CONSENT CALENDAR A. Clerk's License List B. Settlement Agreement with Shafer Contracting Company, Inc. C. Proclamation for Girl Scout Week, march 12 -18. 1989 City Council Minutes 4 March 7, 1989 D. and Reading of Ordinance No. 6-89, Surface Management Ordinance for Mitchell and Red Rock Lakes E. Status of Recyclins Efforts F. Receive and Award Bid for Franlo Park Irrigation Project G. Resolution Relating to $9,045,000 General Obligation Bonds; Providing for an Election on the Issuance Thereof (Resolution No. 89-44) H. Final Plat Approval for Eden Prairie Center 5th Addition - Proposed Site for Arby's Restaurant (located north of Prairie Center Areal Resolution No. 89-46 I. Final Plat Approval for Bennett Place Addition (located east of Bennett Place and south of County Road 1) Resolution No. 89-47 J. Change Order No. 4, Water Treatment Plant Improvements, I.C. 52-072A. Contract No. 1, Shaw-Lundquist Associates, Inc. K. Resolution Requesting_that the Commissioner of Transportation Review the Speed Zones of C.S.A.H. 4 (north of C.S.A.H. 1 in Eden Prairie) Resolution No. 89-48 L. PRIMETECH IX, Primetech IX Limited Partnership. 2nd Reading of Ordinance No. 3-89-PUD-1-89, Planned Unit Development District Review on 87 acres with a waiver for structure height and Zoning District Change from C-Reg-Ser to office on 5.5 acres; Approval of Developer's Agreement for Primetech IX; and Adoption of Resolution No. 89-51, Authorizing Summary of Ordinance No. 3-89-PUD-1-89 and Ordering Publication of Said Summary. 5.5 acres for construction of a 62,669 square foot office building. Location: North of Shady Oak Road, east of City West Parkway, west of Highway N169 (Ordinance No. 3-89-PUD-1- 89 - PUD District and Rezoning; Resolution No. 89-51 - Authorizing Summary and Publication) M. BENNETT PLACE ADDITION by Sam Thorpe and Frank Cardarelle. 2nd Reading of Ordinance No. 8-89, Zoning District Change from R1-22 to R1-13.5 on 1.48 acres; Adoption of Resolution No. 89-52, Authorizing Summary of Ordinance No. 8-89 and Ordering Publication of Said Summary. 1.48 acres into four single family lots. Location: East of Bennett Place, north of Blossom Road (Ordinance No. 8-89 - Rezoning; Resolution No. 89-52 - Authorizing Summary and Publication) City Council Minutes 5 March 7, 1989 MOTION: Pidcock moved, seconded by Anderson to approve Items A through M on the Consent Calendar. Motion carried 5 0-0. Peterson stated that he was pleased to see Assistant City Manager Dawson's update on the status of the recycling program. V. PUBLIC HEARINGS A. PRAIRIE VILLAGE APARTMENTS - Approval of an Amended Tax Increment Financing Plan and Amended Interest Rate Reduction Program (Resolution 89-40) Continued from February 21, 1989 Jullie reported that notice of this Public Hearing were properly published. He added that Staff recommended approval of Resolution No. 89-40. There were no comments from the audience. MOTION: Anderson moved, seconded by Harris to close the Public Hearing and adopt Resolution No. 89-40 approving the Amended Tax Increment Financing Plan and Amended Interest Rate Reduction Program continued from February 21, 1989. Motion carried 5-0-0. VI. EAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris to approve Payment of Claims No. 49157 through No. 49461. ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas, Peterson All voting "AYE". VII. ORDINANCES & RE.SOLVTIONS A. Ordinance No. 5-89. Amending City Code Ckapter 2, Section 2.10 (Board/Commission Members appointed to no more than two full consecutive terms) Peterson asked Pauly if this ordinance would apply to previously-appointed members or members to be appointed in future years. Pauly replied yes, it would apply to both.. Tenpas stated that he understood the ordinance to say that a member could serve two consecutive terms, take a break, and then serve two more terms. Peterson replied that was correct. City Council Minutes 6 March 7, 1989 Anderson stated that he would not support the ordinance. Anderson believed that there were several qualified individuals, who provided needed leadership for the commissions, who would no longer be able to serve if this ordinance were passed. Anderson said that the City Council currently had a provision which required a unanimous vote by the Council to allow an appointment for a third consecutive term. Anderson believed there was a need for continuity and leadership. Anderson believed the current safeguards were adequate. Tenpas stated that Councilmember Anderson's point was valid; however, there were also a lot of new talented Individuals entering the community, who needed to be encouraged to participate. Tenpas suggested only allowing one third-term person per commission at one time. Anderson stated his concerns about the possibility of a commission ending up with all new members at one time without the appropriate leadership. Harris believed that during the last two years all of the third-term applicants had been reappointed. Harris believed that the recent applicants had been excellent and needed to be encouraged to serve the community. Pidcock stated that the members could always serve on a different commission. Pidcock questioned if the City Councilmembers' terms should be limited to two years. Peterson also concurred that Councilmember Anderson's concerns were valid. Peterson added that while the Council might want to bring in new talent, it was also reluctant to say no to a commission member with a history of working well with the Council and Staff. Peterson believed that there was a need to get new, well-qualified people on the boards and commissions. Anderson stated a concern about the possibility of a drastic change in direction of a commission with the introduction of too many new members at one time. Pidcock asked if the City had the option to ask a Commission member to resign. Anderson believed that would be extremely risky. Harris stated that she was not concerned about totally new members on a commission because of the staggered terms; however, she was concerned about self-perpetuating commissions. She believed that if the City wanted to maintain healthy commissions, there needed to be a fairly regular mechanism to assure that the commissions renewed themselves. City Council Minutes 7 March 7, 1989 Peterson said that it was not unusual to limit terms for commission members. Pidcock asked what other cities' policies were. Anderson believed that considerations for reappointment should be the members voting and attendance record. Anderson commented that he would be more comfortable with the ordinance if Eden Prairie was an older city. Peterson believed that the majority of the commission members serving today were faithful in attendance and were knowledgeable in their positions. He said that if the Council did not exercise the right to vote commission members out of office, the result was commissions and boards which did not change and new ideas were not introduced. Anderson commented that he remembered a few years ago when the City could not find qualified individuals to fill all the commissions positions and it was not until the last two years that an abundance of qualified individuals have applied. Pt•terson commented that the City did not want to send out the message that getting appointed to a commission was next to impossible. No action was taken by the Council at this time. B. Resolution NO. 89-43 Advance Acquisition - Midness Property Dietz stated that the Resolution would authorize Staff to proceed with the land acquisition within the approved official map area. Dietz added that the acquisition of the land would allow the City to extend Technology Drive to Wallace Road and to provide growing space for the School District and/or the City in the future. He said the land needed to be protected. MOTION: Pidcock moved, seconded by Anderson to adopt Resolution No. 89-43 authorizing Staff to submit the application for the Advance Land Acquisition. Motion carried unanimously. C. Resolution No. 89-56, Advance Acquisition - Otterlie Property MOTION: City Council Minutes 8 March 7, 1989 Pidcock moved, seconded by Anderson to adopt Resolution No. 89-56 authorizing Staff to submit the application for the Advance Land Acquisition. Motion carried unanimously. VIII. PETITIONS 4 REQUESTS & COMMUNICATIONS IX. REPORTS OF ADVISORY COMMISSIONS X. APPOINTMENTS A. Appointment of Study Committee on Mayoral Term (Continued from February 21, 1989) MOTION: Pidcock moved, seconded by Anderson to appoint the following members to the Study Committee on the Mayoral Term, with Dr. Harris serving as the Chairperson for the committee: Chuck Ruebling, Marge Fredrick, Rick Wolf, Dean Edstrom, Fred LeGrand. Motion carried unanimously. XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Snowplowing Peterson stated that he had received two phone calls after the latest storm with residents questioning the City's method of plowing. Peterson requested that Staff look into the possibility of alternate methods, if additional equipment was necessary, and/or if the current method was sufficient and report back to the Council with the findings. Tenpas and Pidcock both complimented the Public Works Department on the efficient and timely removal of the snow. Pidcock asked Dietz if the City had paid a lot of overtime to have the snow removed. Dietz replied that the crews worked 5 hours of overtime on Friday and 8 hours on Saturday. Dietz said that a decision was made to plow one way in each direction initially. He said that because of calls from the Police Department one-half of the crew worked for 4 hours on Sunday sanding. Dietz noted that by Monday afternoon the streets were clear. Anderson commented that after a big snow storm it is typical to make the one pass and then come back again, which is what upsets the residents because they go out and shovel out the driveway and then the plow comes back again. Anderson asked Dietz what type of equipment Edina has that does not fill in the residents driveways. Dietz City Council Minutes 9 March 7, 1989 replied that Edina has a special snowgate system applied to a road grader, which keeps the snow out of the driveways. Dietz noted that this system only works on a road grader and Eden Prairie only has one road grader. He added that the snowplowing was done with truck mounted plows. Anderson believed that the City should inform the residents of the policy for plowing on weekends and the City's priorities after a big storm. Dietz commented that a normal 6" snowfall would be cleaned up within two days. 2. Letter A letter from Mrs. Papic's Second Grade at Eden Lake Elementary. Dear Eden Prairie Council, Thank you for taking care of Eden Prairie. We think Eden Prairie is a good place to live, because we are glad we have parks to play in. But we think we need more snowplowing in the streets. And no more hunting or traps. Because we want to protect our animals and children may get hurt in the traps. Please take down almost all of the old buildings. And don't pollute so much. Please recycle our garbage. Sincerely, Lisa Rischmiller B. Report of City Manager C. Report of City Attorney Pauly reported that a bill was before the legislature to allow seven City Council members for statutory cities. D. Report of Director of Planning. E. Director of Parks, Recreation & Natural Resources F. Report of Director of Public WorkA 1. Award Contract for Street Sweeper Dietz reported that two bids were received for the street sweeper. The low bid from McQueen Equipment was for an Elgin machine at approximately $57,000. The next bid was for an Athey, Model H10 at approximately $64,000. Dietz stated that he believed the Athey machine to be superior in quality and therefore, recommended that all bids be City Council Minutes 10 March 7, 1989 rejected, the specifications be rewritten, and new bids be received. MOTION: Pidcock moved, seconded by Harris to reject all bids, rewrite the specifications, and advertise for new bids for the Street Sweeper. Jerry Wang, representing McQueen Equipment, stated that the Elgin machine is equivalent to the Athey Model 1410. He said that there were 4000 Elgin machines on the market today and there were only 300 to 400 Athey H10 machines. Wang said that the Elgin machine has been in production for over 20 years, while the they machine only 3 to 4 years. Wang urged the City Council to make the proper research in determining why the Elgin machine was not equivalent to the Athey 1410. Peterson informed Mr. Wang that the issue would not be resolved tonight; however, he appreciated his comments and assured Mr. Wang that Director of Public Works Dietz would address the concerns. Motion carried unanimously. G. Report of Finance Director XII. NEW BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Harris to adjourn the meeting at 8:45 PM. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 21, 1989 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas 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 Gene Dietz, and Recording Secretary Jan Nelson ROLL CALL: Councilmember Anderson was out of town and Councilmember Tenpas arrived late. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Jullie added Item X.13.1., Settlement Agreement with a Contractor Regarding Water Main Break. MOTION: Pidcock moved, seconded by Harris, to approve the Agenda as published and amended. Motion carried unanimously. II. MINUTES There were none. III. CONSENT CALENDAR A. Clerk's License List B. Resolution No. 89-45 Appointing Election Judges for the April 25 Bona Referendum C. Approve Cooperative Agreement with Carver County for Design of T.H. 5 from CSAH 4 to CSAH 17 D. 2nd Reading of Ordinance No. 7-89 To Rename Mitchell and Research Road E. Lawn Sprinkling Policy City Council Meeting 2 March 21, 1989 F. Request from Residents to Rezone Property in Proposed Lake Heights 3rd Addition G. Award Bids for Staring Lake Park Amphitheater Construction and Parking Lot Expansion H. Award Bids for Carmel Park and Red Rock Lake Grading Projects I. 2nd Reading of Ordinance No. 22-68 Relating to Outdoor Storage ot Recreational Vehicles J. Resolution No. 89-60 Authorizing Worker's Compensation Coverage to Members of City Boards and Commissions Mayor Peterson said Item I would have to be removed until Councilmember Tenpas arrived. Pidcock asked if this was the first time Item F had come up. Jullie said it was. Pidcock then said that she thought the item should be reworded to show that the Council action on this item is to direct Staff to review the issues involved. Peterson said he had a question on the paragraph entitled "Legal Issues" in the Staff Memorandum of 16 March on this subject. City Attorney Pauly said that rezoning does not occur automatically, that the statutory process must be followed and it isn't possible to contract that away. Peterson asked if there were any cost implications from Item J to include Members of City Boards and Commissions in Worker's Compensation. Jullie said he did not believe there were any. MOTION: Harris moved, seconded by Pidcock, to approve Items A - E, G, H, J and Item F to be reworded as follows: "Staff Recommendation Regarding Request from Residents to Rezone Property in Proposed Lake Heights 3rd Addition:' Motion carried unanimously. IV. PUBLIC HEARINGS Items A and B were deferred until Councilmember Tenpas arrived. C. COBS YEAR XV FUNDING--Resolution #89-29, Authorizing Expenuiture of Funds for Year XV Peterson asked if we had ever considered any equity sharing in the Scattered Site Housing Program. Assistant Planner Lindahl replied that we are currently doing townhomes with a $10,000 second mortgage subsidy per family and we don't think they will increase in value enough to consider equity. City Council Meeting 3 March 21, 1989 Peterson said it would seem reasonable to consider equity sharing so that we can recover some of the money especially since we will probably continue such programs. Pidcock asked if there was an equity-sharing program when we were doing single family houses. Lindahl said there was not. Peterson said he would recommend that Staff explore that possibility in the next couple of months. Harris asked if this year's appropriation figures are the same as last year's amounts. Lindahl said they are about the same except for the H.O.M.E program which was increased about $2,000. Harris said she was concerned that we have 12 families on the waiting list for child care assistance. Grace Norris, representing the Greater Minneapolis Day Care Association, said those families are the ones who are not eligible for other programs. Harris asked what the cost is for child care. Norris said it is between $2500 and $3000 per year. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No. 89-29 Approving the Proposed Program for Year XV Urban Hennepin County Community Development Block Grant Funds and Authorizing Its Submittal. Motion carried unanimously. D. Vacation ;89-03 - Vacation of Drainage and Utility and Scenic Easement with Lot 6, Block 2, Welter Purgatory Acres 3rd Addition. (Resolution ii89-57) City Manager Jullie stated notice of this public hearing was sent to owners of affected properties and was published in the Eden Prairie News. He noted this vacation was for drainage, utility and scenic easement on one lot within the Welter Purgatory Acres 3rd Addition. Pidcock asked if by vacating the easement we will lose the right to come back. Director of Public Works Dietz said that was true; however the portion to be vacated is only 6-1/2 X 30 feet, and the balance of the easement is 13-15,000 square feet. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 89-57, Vacation of Part of Drainage and Utility and Scenic Easements on Lot 6, Block 2, Welter Purgatory Acres 3rd Addition. Motion carried unanimously. City Council Meeting 4 March 21, 1989 V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims No. 49462 - 49743. ROLL CALL VOTE: Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Eden Prairie School District for Land Alteration Permit to Expand Parking Area for Bus Garage Located off of Scenic heights Road City Manager Jullie said the Eden Prairie School District has requested a land alteration permit to expand their parking at the bus garage, north of the present location. Jeff Schoenbauer of Brauer & Associates, representing the School District, reviewed the request. Peterson said he would be interested in knowing what the discussion was regarding this expansion property being within the highway 212 corridor. Schoenbauer said he had discussed this with Merle Came at length and the School Board feels they must du something to accommodate the additional 24-32 buses that will be required at the enrollment peak three years from now. He said this is the most economical approach for them at this time. Director of Public Works Dietz said the School District mast continue to "live" in their facilities. He said there is no where to go and no alternative in this kind of situation. Peterson asked what their ultimate plans were. Schoenbauer said that if the highway does come through, the entire facility will be relocated. He said this project is expected to cost around $80,000, which they feel is justified because the highway will not come through for at least five years. Pidcock said she thought $80,000 was a lot of money and, further, that she had grave reservations about cutting down the hill more than it already is. She thought it was a very poor use of taxpayer's money on something that will be useless in a couple of years. COUNCILMEMBER TENPAS ARRIVED AT 7:55 PM. Harris asked what were the alternatives that the School District considered. Schoenbauer said he did not know what City Council Meeting 5 March 21, 1989 the specific alternatives were, only that they were more ex- pensive than expanding at the present location. Dietz said that the only real alternative would be to get into an early acquisition of an alternative site. He said those sites are very expensive and there is no money to buy those sites. MOTION: Harris moved, seconded by Tenpas, to approve the Eden Prairie School District's request for a land alteration permit to expand the parking area at its existing bus garage. Motion carried unanimously. At this point the Council returned to Items 111.1, IV.A and IV.B on the Agenda. III. I. 2nd Reading of Ordinance No. 22-88 Relating to Outdoor Storage of Recreational Vehicles MOTION: Harris moved, seconded by Tenpas, to approve Item I on the Consent Calendar. Motion carried unanimously. IV. A. HIDDEN GLEN IV, by Frontier Midwest Homes Corporation. Request tor Planned Unit Development Concept Amendment on approximately 68 acres, Zoning District Change from 18M-6.5 to R1-9.5 on 7.5 acres, and Preliminary Plat of 7.13 acres into 26 single family lots. Location: South and east of Highway #101, west of Dell Road. A public hearing. (Resolution #89-58, PUD Concept Amendment to Hidden Glen North POD; Ordinance #10-89, Rezoning; Resolution #89-59, Preliminary Plat) City Manager Jullie stated notice of this public hearing was sent to owners of surrounding properties and was published in the Eden Prairie News. Scott Oakes, representing Frontier Midwest Homes, addressed the proposal. Planning Director Enger said this item was reviewed by the Planning Commission at their February 27th meeting. He said the Commission recommended approval on a 5-0 vote at that meeting, subject to the plan submitted by the developer and to the recommendations of the Staff Report of February 24th. He said the main item of concern was the ability to finish off the grading of the three lots on the eastern portion of the plat. Referring to the March 16 memo to the Council, Enger said that concern can be handled by proceeding with the preliminary plat at this point but not allowing a final plat until a resolution of the grading issues is reached. Luger said this proposal was not reviewed by the Parks & Recreation Department. Pidcock asked about the price range of the homes in this City Council Meeting 6 March 21, 1989 development. Oakes said it would be $80-100,000. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 89-58, Approving the Hidden Glen IV Planned Unit Development District Amend- ment to the Overall Hidden Glen North Planned Unit Develop- ment. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to approve 1st Reading of Ordinance ;10-89 for rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 89-59, Approving the Preliminary Plat of Hidden Glen IV for Frontier Midwest Homes Corporation, and to direct staff to prepare an amendment to the develop- ment agreement incorporating commission and staff recommenda- tions. Motion carried unanimously. B. BLUFFS WEST 7TH ADDITION, by Hustad Development. Request for Zoning District Change from R1-13.5 and R1-22 to R1-13.5 on 4.66 acres, and Preliminary Plat -)f 26.3 acres into 11 single family lots, 2 outlots, and road right-of-way. Location: North of Bluestem Lane, north of Bluestem Hills 5th Additoin. A public hearing. (Ordinance ;9-89, Rezoning; Resolution 489-30, Preliminary Plat) City Manager Jullie stated notice of this public hearing was sent to owners of surrounding properties and was published in the Eden Prairie News. Mary MacCauley, representing Hustad Development, addressed the proposal. Planning Director Enger said this project was reviewed at the February 27th meeting of the Planning Commission. The Commission recommended approval at that meeting, subject to the recommendations of the Staff Report of February 24th. He said the recommendations included a tree replacement plan, a revised grading plan, and a five-foot-wide concrete side- walk along the north side of Bluestem Lane and on the east side of Purgatory Road extension. Enger said the Park & Recreation Commission reviewed this proposal and also recommended approval, subject to the recommendations of the Planning Staff Report of February 24th. Peterson asked why there was no mention of the completion of construction of Purgatory Road. MacCauley said the right-of- way is dedicated and pointed out the location of the road. Bob Smith, representing the owners of the Nelson property, said the Nelsons did not receive notice of the review by the City Council Meeting 7 March 21, 1989 Planning Commission so were unable to attend that meeting. He said they wanted to suggest an alternate arrangement of lots and the roadway that would allow more flexibility for development of the other property in the area. Peterson noted that the Council was not in a position to redesign two developments at this meeting. Wally busted commented on the alternative suggested by Mr. Smith and reviewed the history of his contact with the Nelson family regarding development in this area. Harris said she agreed that the Council's role tonight is not to redraw proposed plats and she would not object to continuing this in order to give the two parties an opportunity to get together on this development. Peterson asked Enger if he thought there had been suffi- cient staff discussion with both of the parties involved. Enger replied that the staff has had a chance to evaluate Mr. Smith's alternative and that either Mr. Smith's or Mr. Hustad's proposal would work. Mr. Nelson said he may not have received the notice because he had moved during the last few months. Tenpas asked Nelson if he would be comfortable working with Hosted to arrive at a mutually beneficial solution. Nelson said that he would. Harris said that the Council has to act on what is before us tonight; however, she would like to be sure that Mr. Nelson has had an opportunity to have his considerations known. MOTION: Harris moved, seconded by Pidcock, to continue the public hearing until the next Council meeting on April 4th. Motion carried unanimously. At this point the Council resumed the regular order of the Agenda. VII. B. Request from Lion's Club regarding_Charitable Gambling License Application Jim Jordan, representing the Eden Prairie Lion's Club, asked the Council to waive the 60-day waiting period to approve a gambling license for the Lion's Club. He referred to his letter of March L to City Manager Jullie which accompanied the completed Gambling License Application and which outlined factors to be considered by the Council in its decision. Tenpas said he thought we must consider the values presented as well as the charity work that is done to help people. Jordan said the Lion's had considered that when gambling was first approved by the legislature and were afraid that it would detract from their other means of raising money. He '"-/ City Council Meeting 8 March 21, 1989 said since that time about one-third of the other metropoli- tan Lions Clubs have gone into pull-tab operations without losing their spirit of camaraderie. Harris said that she personally does not have anything against gambling; however, she has a problem because all of the calls she received when the Hockey Association presented a similar request were against pull-tab operations. She said that at this time she was not in a position to support the Lion's request; however, she would not vote against it. Pidcock said that, while she has no moral qualms about gambling in moderation, she is left with a quandry over what she went through with the Hockey Association request. She said the Legion operation is held within their own building, whereas the Lion's would be operating at a public restaurant. She said she could not in good conscience vote against the Hockey Association and then vote for the Lion's. Tenpas said he could not agree with the concept of gambling to raise money to give back to charity. He said he thought there are better ways to raise money than pull-tabs. Peterson said he spoke against this at the Lion's Club meeting and intends to vote against it here. He said he does not believe the end justifies the means. Jerry Johnson, representing the Lions Club, presented addi- tional information in support of the request. Tenpas said this is not the last time the Council will be faced with such a request; therefore, this may be the time to do a survey of the community to see how the residents feel about this issue. Harris said it was helpful when they have community input and she felt there has not been enough on this issue. Pidcock said she wanted to be consistent with her responses to such requests. Peterson said he would be willing to continue this request; however, since we are establishing a policy, if this request is approved he did not want to review any other similar requests. MOTION: Pidcock moved, seconded by Harris, to continue the request to the April 4th Council meeting. Motion carried with Tenpas voting against the motion. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. City Council Meeting 9 March 21, 1989 IX. APPOINTMENTS There were no appointments. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Tnere were no reports. B. Report of City Manager 1. Settlement Agreement with a Contractor Regarding Water Main Break Director of Public Works Diets reviewed the water main problem that occurred three years ago. He said the City Attorney's firm has been working on this issue. He said we sent a bill to the plumbing contractor for $7500 for the water and the time spent locating the leak. The subcontractor who did the repairs submitted a claim for $7400. He said the attorneys are recom- mending that we settle by paying the subcontractor $5000. Tenpas asked about the legal fees involved in this. Dietz responded that they considered dropping it, but decided that by continuing the process there was a message for contractors to be responsible. MOTION: Pidcock moved, seconded by Tenpas, to authorize the Mayor and City Manager to sign a release that summarizes the agreement. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Director of Planning There was no report. E. Director of Parks, Recreation & Natural Resources There was no report. P. Report of Finance Director There was no report. XI. NEW BUSINESS There was none. - City Council Meeting 10 March 21, 1989 XII. ADJOURNMENT MOTION: Harris moved, seconded by Pidcock, to adjourn the meeting at 9:40 PM. Motion carried unanimously. HOUSING & REDEVELOPMENT AUTHORITY UNAPPROVED MINUTES TUESDAY, APRIL 4, 1989 HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: HOUSING & REDEVELOPMENT AUTHORITY STAFF: 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Chair Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Finance Director John Frane, City Attorney Roger Pauly, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All Members Present I. CALL MEETING TO ORDER II. BRA BESOLUTION_NO,_8_9702,_APPROVING A MODIFIED TAX INCREMENT FINANCING PLAN FOR ELIM SHORES City Manager Jullie reported that the modifications to the Tax Increment Financing Plan were technical in nature and pertained to the numerical calculations for financial assistance. Jullie stated that Staff recommended the adoption of Resolution No. 89-02. Harris asked Jullie is the reference to "tenant" on Page 7, paragraph 2, pertained to Elim Shores and not to the tenants of the facility. Jullie confirmed that "tenant" referred only to Elim Shores in this document. Pidcock asked Director of Finance John Franc what agency used and/or recommended the 40% calculation figure to determine rental rates. Franc replied that the Federal regulation was 20%; however, as part of the negotiation process Elim Shores arrived at 40%. Pidcock asked what the justification was for the 40% figure. Pidcock believed that $510 per month rent would not be considered low rent. Bill Meyer, representing Elim Shores, stated that the rent included light cleaning service and additional amenities. Harris commented that $510 would be less expensive than a nursing home and the residents would be able to enjoy a more independent lifestyle. MOrfON: Pidcock moved, seconded by Harris to adopt HRA Resolution No. 89-02 approving a Modified Tax Incremert Financing Plan for Elim Shores. Motion carried unanimously. l ou5 ing Redevelopment April 4, 1969 III. ADJOURNMENT MOTION: Pidcock moved, seconded by Anderson to adjourn the meeting at 7:50 PM. Motion carried unanimously. EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, APRIL 4, 1989 COUNciL MEMBERS: CITY COUNCIL STAFF: 7:50 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, 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: All Members Present I. APPROVAL OF AGENDA AND_OTHER_ITEMS OF BUSINESS MOTION: Pidcock moved, seconded by Harris to approve the Agenda as amended. ADDITIONS: ADD Item K to the Consent Calendar, Resolution No. 81-68 Approving the Final Plat for Elim Shores. ADD Item X.A.1, Public Access to Mitchell Lake and Red Rock Lake. ADD Item X.A.2, Traffic Fatality on Anderson Lakes Parkway. ADD Item X.A.3, Recyclable Packaging. ADD Item X.A.4, Personal Comment by Tenpas. ADD Item X.A.5, City-wide Clean-up Day. ADD Item X.A.6, Waste Management Commission Report. ADD Item X.A.7, Confirmation of Meetings Scheduled for the City Council with Boards and Commissions. ADD Item X.A.8, Personal Comment by Harris. Motion carried unanimously. II. MINUTES III. CONSENT CALENDAR A. Clerk's License List B. ELIM SHORES by Elim Homes, Inc. 2nd Reading of Ordinance No. 56-88, Zoning District Amendment within the RM-2.5 Zoning District on 8.36 acres; Approval of Developer's City Council Minutes 2 APRIL 4, 1989 Agreement for Elim Shores; and Adoption of Resolution No. 89-36, Authorizing Summary of Ordinance No. 56-88 and Ordering Publication of Said Ordinance. 8.36 acres into 3 lots for construction of a 64-unit senior housing development. Location: West of county Road 4, east of Mitchell Lake (Ordinance No. 56-88-Zoning District Amendment; Resolution No. 89-36 - Authorizing Summary and Publication) C. Final Plat Approval for Boulder Pointe _Rocated west of_ Mitchell Road and east of Red Rock Lakel Resolution No. 89-61 D. ARProve Agreement with Chicago and Northwestern Zranaportation Company for watermain Installation on CSAH A (Resolution No. 89-63) E. Approve Plans and Specifications for Street Improvements on Hamilton Road and Authorize Bids to be Received, I.C. 52131 (Resolution No. 89-64) F. Receive Feasibility Study for Cedar_Ridge Storm Sewer Improvements and Set Public Hearing, I.C. 52-152 (Resolution No. 89-65) G. Change Order No. 5, Fire Stations Contract H. Resolution No. 89-66, Joining_ Hennepin County Fconomic Development Consortium I. Change Order No. 1 for Natatorium RempdellAng J. "Spring_ into Summer" - Request for Use of Round Lake Park and Eden Prairie Community Center K. Approve Final Plat for Elim Shores, Resolution No. 81-68 MOTION: Harris moved, seconded by Pidcock to approve Items A through K on the Consent Calendar. Jullie reported that Randy Travalia had requested to address the Council regarding Item C. Randy Travalia, representing Mason Homes, Inc., stated that the proponent was in total agreement with all of the Staff recommendations, with the exception of No. 5, which requested the revision of the street names. Travalia requested that the Plat be approved with the names as proposed, Boulder Pointe Road and Boulder Rise. He noted that the Police Department had recommended the names be changed because of the potential for confusion by emergency vehicles due to the existence of a street with a /2 City Council Minutes 3 APRIL 4, 1989 similar name. Travalia believed that the numbering system would be an adequate distinction. Ht added that Boulder Pointe Road would have 15000-block and that Boulder Rise would have 4-digit numbers. Jullie reported that a street called Boulder Hay Road was located in the northeastern portion of the city and that Staff was concerned about the possibility of people not familiar with the city being confused by streets with similar names, especially in emergency situations. Jullie added that this would not conform with the City's policy. City Engineer Alan Gray, stated that the Police Department had experienced residents calling for help in emergency situations were easily confused and did not always give the entire name of the street; therefore, the policy was not to allow the use of similar root names in choosing street names. Gray added that Staff had hoped that the street names used in this subdivision would compliment the division. Pidcock stated that the City had already asked the proponent to change the name of the subdivision. Peterson stated that the City was far beyond the point of being able to be completely original when chosing street names, there were several streets which had Eden as part of the name. Peterson added that he was comfortable allowing the names as proposed by the developer. Anderson asked Jullie how the address appeared when a 911 call came into the Police or Fire Department. Jullie replied that the entire address appeared on a screen; however, the confusion could take place with the emergency vehicle drivers. Jullie added that this was not as big a problem since the development of 911. Anderson asked Jullie how many mistakes had been made in the past because of addresses. Jullie stated that he could recall only one instance. Harris stated that the difference in the numbering systems would be a sufficient distinction and she was comfortable allowing the names as proposed by the developer. MOTION: Pidcock moved, seconded by Tenpas to amend Item C to permit the use of the street names as originally proposed by the developer as Boulder Pointe Road and Boulder Rise. Motion carried unanimously. City Council Minutes 4 APRIL 4, 1989 ITEM J Harris was pleased to see the "Spring into Summer" item on the Consent Calendar. Peterson thanked Staff for the background information provided on this item. Motion carried unanimously to approve the Consent Calendar. IV. PUBLIC HEARINGS A. pLuFFs WEST 7TW_ADDITION by Hustad Development. Request for Zoning District Change from R1-13.5 and R1-22 to R1- 13.5 on 4.66 acres, and Preliminary Plat of 26.3 acres into 11 single family lots, 2 outlots, and road right-of- way. Location: North of Bluestem Lane, north of Bluestem Wills 5th Addition. (Ordinance No. 9-89 - Rezoning: Resolution No. 89-30 - Preliminary Plat) Continued from March 21, 1989 Jullie reported that this item had been continued from the March 21, 1989 meeting. Mary McCawley, representing the proponent, presented revised plans which had been agreed upon by Hustad Development and David Nelson. McCawley stated that the revised plan did not affect the grading or tree loss significantly. She added that a variance would be required for front footage on Lot 5. Enger reported that Staff had met with the proponent and the owner of the adjacent property to the north. Enger noted that the two flag lots proposed and Lot 5 would be reviewed by the Board of Appeals. Enger believed the revised plan to be the best compromise. Peterson asked Enger what rationale would be presented to the Board of Appeals to support the variance request. Enger replied that the plan being presented was a better site plan which would reduce grading and would save additional trees. Anderson asked Enger what the size of the building pad would be. Enger replied 80 feet deep by 90- to 100-feet wide. Anderson asked how big the houses would be which would go on these lots. He added that his concern was that the larger homes on this size lot typically limited the number of trees saved. Enger replied that with lots of this size the owner utilized the entire lot. v ',; City Council Minutes 5 APRIL 4, 1989 MOTION: Pidcock moved, seconded by Harris to close the Public Hearing and approve 1st Reading of Ordinance No. 9-89 for Rezoning. Motion carried unanimously. MOTION: Pidcock moved seconded by Harris to adopt Resolution No. 89-30 approving the PrPliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. WOODLAND PONDS by Michael Halley Homes, Inc. Request for Zoning District Change from Rural to R1-9.5 on 20 acres, Preliminary Plat of 20 acres into 49 single family lots, 1 outlot, and road right-of-way. Location: East of Juniper Lane extension, north of County Road 1. (Ordinance No. 11-89 - Rezoning; Resolution No. 89-62 - Preliminary Plat) Jullie reported that notice of this Public Hearing had been sent to owners of 111 surrounding properties and published in the March 22, 1989 issue of the Eden Prairie News. John Uban, representing the proponent, stated that the property had several constraints which had not been anticipated originally. Uban said that the proponent had worked with the neighborhood related to the park development and the development of a trail system throughout the subdivision. Uban noted that access to the subdivision would come from Juniper Lane and Pioneer Trail. He added that the road system had been adjusted to meet the County standards. Uban stated that berming and additional screening would be provided along Pioneer Trail and added that 2 to 3 trees would be planted on each lot. Uban explained that the drainage plan for the site depicted the two ponds connected by a storm sewer system which would drain into Bloomington. He said that the sanitary sewer would be extended through the Hustad property and added that a written agreement to this effect would be obtained before the final approval by the City Council. Uban concluded by stating that he believed the park would be a great asset to the subdivision and the City. Enger reported that this item was reviewed by the Planning Commission at its March 13, 1989 meeting and approval was recommended on a 5-0-0 vote, subject to the March 10, 1989 Staff Report. He added that the plans had been revised in accordance with the Staff recommendations. Enger noted that the retaining walls required must be reviewed by the Building Inspections division. Enger said that Staff City Council Minutes 6 APRIL 4, 1989 anticipated the need for bypass lanes along County Road 81 to provide safe access. Enger reported that one lot would requite a variance for front footage. Lambert reported that this item had been reviewed by the Parks, Recreation & Natural Resources Commission at its March 6, 1989 meeting and recommended approval of the plan based on the Staff Report dated March 1, 1989. Lambert noted that the trail around the pond had been removed because the Parks, Recreation & Natural Resources Commission did not believe a trail was necessary in this location. Lambert stated that the Parks, Recreation & Natural Resources Commission recommended taking land in lieu of Cash Park Fees. Peterson asked Gray if the realignment of County Road 18 and County Road 1 would affect this project. Gray replied that the changes would occur east of this subdivision; however, it would impact the proposed Hustad development. Petercon asked if the revision to County Road 1 would encroach on the berming and planting being proposed. Gray replied that the right-of-way would be 50 feet and should not affect the berming. Tenpas commented that consideration needed to given to reduce the speed limit on County Road 1. Gray replied that the City had requested a speed reduction before and the County denied the recommendation. Pidcock asked how high the berming would be. Uban replied the berm would be 4 to 6 feet high. Pidcock asked Gray if Staff had any objection to the cul- de-sac. Gray replied that the only alternative would be a connection to County Road 1, which would not be recommended because of the sight distance. Pidcock asked Uban what the price range would be for the homes. Uban replied between $140,000 and $200,000. Peterson asked Gray if this project would affect the drainage in the area. Peterson added this area had a history of water problems. Gray replied that a request for a feasibility study would be before the City Council in two weeks and added that an additional pond would be recommended to the south of County Road 1 which would connect to this development. Pidcock asked if there would be a problem with the name Woodland Ponds when there was already a subdivision named Hidden Ponds. Gray replied that Staff did not have a problem with the plat name. Michael Halley replied that the name had been approved by Hennepin County. City Council Minutes 7 APRIL 4, 1989 Anderson asked Gray where the natural drainage for the pond to the north was located. Uban replied that the drainage comes from the north into the two ponds and will eventually outlet to the new southern pond. Gray replied that this was an outlet controlled structure, with the second pond overflowing into the third pond. Anderson asked if it would be better to allow the flow to occur naturally through the existing swale. Gray replied that the piping would maintain the level of the pond and added that without this control system the trees adjacent to the ponds would be lost. Lambert stated that to allow for a natural flow the pond elevation would have to rise 10 feet, which would kill the trees. MOTION: Harris moved, seconded by Pidcock to close the Public Hearing and approve 1st Reading of Ordinance No. 11-89 for Rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 89-62 approving the Preliminary Plat and to direct Staff to prepare a Development Alreement incorporation Commission and Staff recommendations. Motion carried unanimously. C. ELIM SHORES Modified Tax Increment Financing Plan (Resolution No. 89-67) MOTION: Pidcock moved, seconded by Tenpas to close the Public Hearing and to adopt Resolution No. 89-67 giving approval to a Modified Tax Increment Financing Plan for the Elim Shores project. Motion carried unanimously. V. PAY.MENT OE_CLAIMS MOTION: Anderson moved, seconded by Pidcock to approve Payment of Claims No. 49745 through No. 50019. ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Lions Club regarding Charitable Gambling License Application (continued from March 21, 1989) 7, City Council Minutes 8 APRIL 4, 1989 The Lions Club submitted a letter asking the Council consideration of its charitable gambling license request be continued to the Council's April 18, 1989 meeting. Mayor Peterson so ordered this continuance. Council wished to have general discussion on the topic of charitable gambling. Harris believed that this request would be the first of many requests for charitable gambling and recommended that Staff look at various option to regulate gambling in Eden Prairie. Anderson stated that the State Legislation had changed some of the gambling laws and recommended that before making any decision he would like to know what the benefits of charitable gambling would be for City, the pros and cons of all types of gambling, and exactly what are the types of gambling permitted. Anderson questioned If by eliminating gambling entirely would the Community be hurt. Harris believed that the City needed to treat all groups equitably. Harris questioned if there was any difference in granting a charitable gambling license to the Legion versus the Lions Club. Harris added that before making any decision she would like to have Staff examine the possibility of a means to control the process. Peterson suggested the appointment of and ad hoc committee; however, he was concerned if adequate time would be allowed for a response due to the time constraint placed on the City by the Lions Club request. Peterson noted the alternatives before the Council: 1) vote no, 2) do nothing and let it pass automatically, or 3) to ask the Lions Club to withdraw the request and resubmit. Tenpas questioned what type of image the City wanted to project. He commented that he was not opposed to gambling. Tenpas said that at the Legion the gambling was confined to its members and to its building. He added he was not comfortable with gambling at Greenstreets. Tenpas recommended a Public Meeting to hear the residents comments. Anderson believed the Council needed to be informed and to know what options were available before making a decision. Pidcock asked if Edina had pulltabs. Frane replied that Edina did not sell pulltabs because typically they were sold in on-sale liquor establishments and Edina did not have on-sale liquor. City Council Minutes 9 APRIL 4, 1969 Tenpas believed that asking the Lions Club for a 90 day extension was reasonable. Pidcock favored an ad hoc committee. MOTION: Pidcock moved, seconded by Anderson to appoint an ad hoc committee of seven members to review the gambling issue. The Council's recommendations for committee members would be available at the April 18, 1989 meeting. Motion carried unanimously. Peterson asked Staff to write to the Lions Club and the Legion to ask for withdrawal of their requests at this time. Anderson stated that there was a difference between a renewal of a license for the Legion and a request for a license by the Lions Club. Anderson did not believe the City had the right to pull the license from the Legion. VIII. REPORTS OF ADVISORY COMMISSIONS IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Public Access for Red Rock Lake and Mitchell Lake Pidcock asked why the City did not consider the accesses to Red Rock Lake and Mitchell Lake public accesses. Lambert replied that the DNR defined a public access as having the same access to the lake as a lakeshore property owner. Lambert added that these lakes did not have a place where the public could launch a boat. Harris commented that the letter sent to Mr. Eames was educational and suggested it be published in the news media. Lambert stated that the letter would have to be revised for the media. Anderson believed that Mitchell Lake was an asset to the community and was disturbed to think that the City could not keep the natural resource from dying out because of the laws. Peterson commented that it was not a community resource at this time, but rather a private amenity. Anderson stated that access was obtainable and it was a public lake. He added that he regretted the fact that nothing could be done to help the fish. Lambert replied that an aeration system could be used if approved. /774 City Council Minutes 10 APRIL 4, 1989 Anderson stated that he would like to know what an aeration system would cost. Peterson asked Lambert when the City would get a public access for Mitchell Lake. Lambert replied 1990. 2. Anderson Lakes Parkway Fatality Council discussed a traffic fatality which occurred on April 2, 1989 on the east side of the intersection of County Road 18 and Anderson Lakes Parkway. A 12-year-old boy riding his bicycle was struck by a vehicle and killed. Pidcock asked if there was a bike path in the area of Anderson Lakes Parkway and County Road 18 which the child could have used. Tenpas stated that the accident had happened on the Bloomington side of County Road 18. He added that because of the increased development in this area and due the speed of the traffic any accident had the potential to create serious and/or fatal injury. Pidcock asked if the City Council could do anything. Anderson stated that Eden Prairie's trail system ends on the north side of Anderson Lakes Parkway because of County Road 18. Jullie replied that residents needed to write to the County and request the intersections be upgraded. Pidcock asked if signs could be placed, which stated "accident reduction zone". Peterson replied that the City needed to have a program established first. Anderson stated that approximately one year ago he had made a motion to request the speed limit be lowered on County Road 1 and that since that time 2 fatal accidents have occurred. Anderson believed that the 2 fatalities should justify another request. MOTION: Anderson moved, seconded by Pidcock to direct staff to write a letter to the County requesting a reduction in speed for County Road 1 and County Road 18 and to upgrade the Intersection at County Road 18 and Anderson Lakes Parkway. Motion carried unanimously. Tenpas asked what the County's justification was for not lowering the speed limit. Jullie replied that the County believed that traffic patterns had to change, that it was not enough to Just change the speed limit sign. Pidcock asked what the Police Department's policy was for monitoring speed limits. Jullie replied that the police would go into a neighborhood upon the request of neighbors City Council Minutes 11 APRIL 4, 1989 and concentrate on that area heavily fc,r a short period of time; however, the police found that the effect was short- lived. 3. Recyclable Packaging Pidcock believed that Eden Prairie should follow the lead of Minneapolis and St. Paul to adopt a Resolution to ban styrofoam in the stores. Pauly presented an Ordinance adopted by Minneapolis, which prohibited the sale of foods not packaged with environmentally-acceptable packaging. The acceptable packaging was biodegradable, refillable, and recyclable. He added recyclable packaging would be defined under a program established by the City. Pauly noted that the Ordinance would not take effect until mid-1990. Pauly stated that the packaging industry was concern about distribution to various cities if the individual cities could regulate packaging. Anderson stated that it was a bold step and he would like to see Eden Prairie be one of the first suburban communities to support this type of action. Harris stated that she would be more comfortable with the support of other south metro communities. Tenpas believed it would be a great step. Peterson stated that he would prefer the matter be presented to the Waste Management Commission for review before Council taking action. Peterson questioned if there would be a hazard in burning the plastic. He added that he would not vote in favor of what was being proposed because he did not believe the Council was aware of all the facts. Anderson stated that the Resolution could always be amended. Anderson believed that this action would give industry the incentive to push toward recycling. Anderson stated that he would like to give Minneapolis credit and would like to be a part of the push to promote recycling. Tenpas believed this would be a first step toward cleaning up the environment. Pidcock stated that this action would let residents know that the City is serious about recycling. Pauly noted that the Minneapolis Ordinance was not in a form which could be adopted by Eden Prairie. ') 6 City Council Minutes 12 APRIL 4, 1989 Jullie suggested a resolution urging strong support of the Minneapolis ordinance. MOTION: Pidcock moved, seconded by Anderson to adopt a Resolution similar to that of the Minneapolis Ordinance relating to Environmentally Acceptable Packaging and be presented to the City Council by the May 2, 1989 City Council meeting. Pauly noted that currently a committee in the State House of Representatives was considering action which would prohibit cities from passing this type of ordinance. Tenpas stated that the public sentiment on recycling had never been greater and believed the time was right to take action. Pidcock stated that the problem was not just local, but a state, national, and international problem. Harris was concerned about an economic backlash to this ordinance. Harris stated that she would be more comfortable with support from other suburbs. Tenpas recommended passing the ordinance and then talking to other communities to follow suit. Pidcock believed the City needed to send out a message. Peterson stated that he would note "NO" due to lack of information and because this item was added to the agenda. Motion carried 3-1-1. Peterson voted "NO". Harris abstained. 4. Personal Comment bY Tenpas Tenpas commented that he had participated in the Red Cross Swim-A-Cross and found it to be a rewarding volunteer experience in which other Councilmembers should consider participating. S. City_-wide Cleanup Day Anderson offered a challenge to the other Councilmembers to participate in the City-wide Cleanup Day on April 15, 1989. He believed that it was important for the City leaders to do their share. Anderson suggested that each Councilmember pick a park close to his or her residence and to inform the residents through the news media to help their Councilmembers clean up the City. '17') City Council Minutes 13 APRIL 4, 1989 6. Waste Management Commission Peterson commended the Waste Management Commission on its work thus far. Peterson asked Dawson if the County would designate the City's waste to go to Reuter Recycling. Dawson replied that it would not, and that if the City had a contract prior to the County having its designation ordinance take effect on June 1, 1989 the City's contract would take precedence. 7. Schedule for Meeting with Commission and Boards MOTION: Harris moved, seconded by Pidcock to approve the dates as scheduled for the meetings with the Commissions and Boards. Motion carried unanimously. 8. Personal Comment by Harris Harris shared with the Council an award presented to her by the Phillip Morris Company. The award was the part of the First Annual Serwa Awards. Harris explained that serwa meant noble woman. Harris also shared a picture taken with President Reagan as part of a special committee she had participated in. B. Report of City Manager 1. Participation in ALiport Study Proposed by the Cities of Richfield and Bloomington Jullie reported that the cities of Richfield and Bloomington would like Eden Prairie and other south metro cities to participate in a review of the original Airport Adequacy Study. He added that there was concern about the conclusions for relocation of the airport and the economic impact to Eden Prairie. Jullie stated that the cost would be approximately $10,000. He added that other cities were being asked to participate, which could lower the cost. Peterson stated that the intent was not to review the recommendations, but to focus on data that was already gathered which had not been given sufficient attention. Peterson did not believe that the economic impact was given adequate consideration. MOTION: Harris moved, seconded by Anderson to authorize the City of Eden Prairie to participate in the Airport Study as proposed, subject to Staff recommendations. Motion carried unanimously. 17/ City Council Minutes 14 APRIL 4, 1989 C. epurt of City Attorney D. Report of Pi/ector of Planning E. Director of Parks, Recreation & Natural Resources F. Report of Director of Public Works G. Report of Finance Director X. NEW BUSINESS XI. AWOURNMENT MOTION: Pidcock moved, seconded by Harris to adjourn the meeting at 10:00 PM. Motion carried unanimously. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST April 18, 1989 CONTRACTOR (MULTI-FAMILY & COMM.) Genuine Construction, Inc. Lindstrom Cleaning & Construction Shildhiess Construction Medallion Kitchens of MInn. CONTRACTOR (1 & 2 FAMILY) HEATING & VENTILATING Conrad Mechanical Contractors, Inc. Fair Air Mechanical Total Mechanical Services, Inc. GAS FITTER A Plus Construction, Inc. Jack E. Bernatz D. S. Brewer & Associates, Inc. Classic Homes, Inc. Edgework Builders, Inc. King Homes Midwest Concrete Driveway Midwest Fence & Mfg. Co. John M. Miller & Associates Spicewood Construction, Inc. T & L Builders,Inc. Whitehawk Construction, Inc. Wooden Rainbow, Inc. PLUMBING G R Mechanical Fair Air Mechanical Total Mechanical Services, Inc. TEMPORARY LIQUOR Lions Club (Schooner Days - June 2,3,4) TEMPORARY BEER Lions Club (July 4th & Corn Feed) Optimist Club (Softball TournaMent) CHARITABLE GAMBLING Eden Prairie American Legion CIGARETTE Courtyard by Marriott These licenses have been approved by the department heads responsible for the licensed activity. Pat SoIii Licensing / MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson Proposed Charge to Charitable Gambling Study Committee April 6, 1989 Following is the proposed statement of purpose and charge to the Charitable Gambling Study Committee: Several organizations have approached the City Council recently requesting its approval of a charitable gambling license application. Charitable gambling, often in the form of pull-tabs, is a new phenomenon in Eden Prairie as well as many other Minnesota communities since the State removed the bulk of licensing authority from cities. The City of Eden Prairie has had little in the way of formal criteria to evaluate such requests. Questions have been raised whether this is a desirable activity to have in Eden Prairie. If these activities were acceptable to the community, under wnat conditions - if any - should they be allowed? How can requests be addressed in a consistent manner? A Charitable Gambling Study Committee has been appointed to consider such questions and recommend policies to the City Council. The Committee should decide whether charitable gambling activities should be permitted within the City and develop a philosophy statement to explain that position. If the Committee decides that charitable gambling operations should be allowed, it will recommend what types of activities should be permitted. The Committee will recommend what organizations would be eligible to conduct these operations, what conditions would need to be met to receive a license, what conditions may be placed on the conduct of operations, and to what purposes should proceeds be directed. Other issues which Committee members believe are relevant also should be reported to the Council. It is expected that the Committee's report will be forwarded to the City Council within 90 days. Staff resources are available for the Committee to use to complete its study. CWD:jdp MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation & Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Parks, Recreation & Natural Resources Stuart A. Fox, Manager of Parks and Natural Resources April 12, 1989 Tree City USA - Arbor Day Proclamation In 1981 the City of Eden Prairie was honored for the first time by the National Arbor Day Foundation as a Tree City USA. At that time, we were recognized along with 12 other communities in Minnesota as having a comprehensive urban forestry program that addressed the issues of tree planting and care. This year (April 12th) Eden Prairie received its 8th designation as a Tree City USA. Attached are copies of the Certificate of Commendation and recognition letter from Governor Perpich. To commemorate this honor the staff has prepared a proclamation to celebrate May 6, 1989 as Arbor Day in Eden Prairie. On May 6th, we will be conducting our 4th annual Arbor Day Walk at Staring Lake Park. As additional information becomes available, I will forward it to the Council and Commission members. SAF:mdd -7t)%c CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-76 RESOLUTION PROCLAIMING MAY 6, 1989 AS ARBOR DAY WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Eden Prairie has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree planting ways, NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Eden Prairie, do hereby proclaim May 6, 1989 as ARBOR DAY in the City of Eden Prairie, and I urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program, and FURHTER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. ADOPTED this 18th day of April, 1989 Gary D. Peterson, Mayor ATTEST: John D. Frane, Clerk SEAL STATE OF MINNESOTA OFFICE OF TIE GOVERNOR ST. PAUL 55155 RUDY PERPICH GOVF RNOR ''4%fAie April 12, 1989 The Honorable Gary Peterson Mayor of the City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 Dear Mayor Peterson: Congratulations to your community for being designated a TREE CITY USA by the National Arbor Day Foundation. This award recognizes that a good urban forestry program is an investmnt in the eomxmdc, social and physical well-being of a community. Trees are an increasingly vital resource and need to be recognized. They purify air and water, help conserve soil and energy, create jobs through a large forest products industry, serve as recreational settings, provide habitat for wildlife of all kinds, and make our cities more liveable. The benefits of these trees are really something to celebrate. With global temperatures the highest they have been since records were first kept, trees are more inportant then ever. With their Ability to reduce carbon dioxide build-up, trees have a cooling effect worldwide. Thank you for supporting a program that recognizes the importance of trees. After all, they make a world of difference to our future. I urge you to continue to have your ccidnunity plant, nurture, protect and wisely use these Minnesota treasures. Sincere de.cd% RUD ERPICH Govern r AN EQUAL OPPORTUNITY EMPLOYER 41§Dosos %, kterttOitteN 4110,7',"/ 4P4144F4k, 4 v.".; Len, rt, "-t M "VAT: N • , VI4 , 7.3 Atigattlk .•(1, 4:4 eavmmoin t2'- efivie.A RUDY PERPICH (i()VERNOlt Certificate of Commendation [6, Inrec„g„„i,,„,,f deSIV1,1101 a Tree City tr'SA b n the National ;Athol (ay; Now thertjore 1. Rudy Perpich. coMniend and re mgratulate: Eden Prairie on behalf of the einzens of the Shire of Afinnesota rtl .1 ..47;4..#• ''6 ''AltAe20Ser* In Witness IV her ev -, / have hereunto set My hand and caused the Seal of the Office of the Governor of the State of Alinnesota to be affixed at the State Capiti ,1 this twelveth day of April in the year of our Lord ‘me thousand nine hundred and eighty-nine. and e.11- the State the one hundred thirtieth 1:1 , • c TSPr7Alr 14=1 ..1604%,07111Fy ...r iasoZZOolitatozczTiliir r CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-69 A RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF DONNAYS ROUND LAKE ESTATES 3RD WHEREAS, the plat of DONNAYS ROUND LAKE ESTATES 3RD has been s u b m i t t e d i n a manner required for platting land under the Eden Prairie Ordin a n c e C o d e a n d under Chapter 462 of the Minnesota Statutes and all proceedi n g s h a v e b e e n duly had thereunder, and WHEREAS, said plat is in all respects consistent with the Cit y p l a n a n d t h e regulations and requirements of the laws of the State of M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F E D E N P R A I R I E : A. Plat approval request for DONNAYS ROUND LAKE ESTATES 3RD i s approved upon compliance with the recommendation of the Ci t y Engineer's report on this plat dated APRIL 12, 1989. B. That the City Clerk is hereby directed to supply a certified c o p y o f this Resolution to the owners and subdivision of the above n a m e d plat. C. That the Mayor and City Manager are hereby authorized to execu t e t h e certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on APRIL 18, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technicia DATE: April 12, 1989 SUBJECT: DONNAYS ROUND LAKE ESTATES 3RD CITY OF EDEN PRAIRIE ENGINEERING REPORT ON PRELIMINARY AND FINAL PLAT PROPOSAL: The Developer L.A. Donnay, has requested City Council approval of the preliminary and final plats of Donnays Round Lake Estates 3rd. Located South of Evener Way and East of the Ridge 2nd Addition in the South half of Section 7, the plat contains 4.2 acres to be divided into seven lots. This plat is a replat of Lots 1 through 6 and Lots 13 and 14 Block 3 Donnays Round Lake Estates 2nd to allow for larger 8-unit buildings. HISTORY: Request for preliminary plat approval is being made in conjunction with the request for final plat approval at the April 18, 1989 City Council meeting. Second reading of Ordinance No. 12-86-PUD-1-86, zoning the property to RI- 13.5 (9.5 acres), RM-6.5 (14.71 acres) and Planned Unit Development District Review, finally read and approved by the City Council August 18, 1986. The Developer's Agreement referred to within this report was executed August 19, 1986. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and streets are currently in place and available to serve this development. There are underlying drainage and utility easements that must be vacated due to the larger lot sizes and their encroachments into these easements; therefore, prior to release of the final plat the Developer shall vacate the underlying drainage and utility easements. Lots 2 and 7 will be owned in common and will be used for driveway purposes and also to provide a corridor for sewer and water services to the buildings. The sewer and water lines in Lots 2 and 7 will be privately owned and maintained. PAGE 2 OF 2 DONNAYS ROUND LAKE ESTATES 3RD APRIL 12, 1989 PARK DEDICATION: Park dedication will conform to the requirements of the Developer's Agreement. BONDING: Bonding shall conform to the requirements of City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Donnays Round Lake Estates 3rd subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of engineering fee in the amount of $250.00 2. Vacation of underlying drainage and utility easements JJ:ssa cc: L.A. Donnay Lot Surveys Company 'lL)7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-74 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer, through Hanson, Thorp, Pellinen and Olson, Inc. to the City Council recommending the following improvements to wit: I.C. 52-123 (Drainage Improvements, Vicinity of CSAH 1 and CSAH 18) NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the May 18, 1989 at 7:30 P.M. at the Eden Prairie City Hall, 7600 Executive Road. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on April 18, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #89-75 RESOLUTION APPROVING THE REGISTERED LAND SURVEY FOR WESLEY E. AND VIRGINIA L. LANGHOFF BE IT RESOLVED, by the Eden Prairie City Council as follows: That the Registered Land Survey for Wesley E. and Virginia L. Langhoff, d a t e d A p r i l 14, 1989, consisting of 11.6 acres into one tract, a copy of which is on f i l e a t t h e City Hall, is found to be in conformance with the provisions of the Ed e n P r a i r i e Zoning and Platting ordinances, and amendments thereto, and is herein app r o v e d . ADOPTED by the Eden Prairie City Council on the 18th day of April, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 'JJ - AREA LOCATION MAP - STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: FEE OWNER: REQUEST: Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning April 7, 1989 Langhoff R.L.S. 9801 Spring Road Wesley and Virginia Langhoff R.L.S. of 11.6 acres into 1 tract. This 11.6-acre property is located southwest of the Flying Cloud Airport and east of Riley Creek. Access to the parcel is provided by an existing 60-foot easement from Spring Road. In order to resolve a technical title problem, a Registered Land Survey (R.L.S.) is being proposed over the existing metes-and-bounds parcel to create an acceptable legal description for filing with the Registrar of Titles so that the deed to the property can be recorded. The property is currently zoned Rural. No change in zoning is proposed with this request. 701 Langhoff R.L.S. 2 April 7, 1989 Within the Rural zoning district, a minimum lot size of 10 acres is required when a preliminary plat or R.L.S. is to be considered for approval. In addition, a public road frontage of 100 feet is required. This R.L.S. meets all aspects of the City Code regarding lot size, width, depth, and structure setbacks, but does not have frontage along a public road. However, since this property currently exists as a metes-and-bounds parcel and the R.L.S. does not change the configuration or size of the property in any way, a variance from the Code requirement for public road frontage will not be necessary. RECOMMENDATION Staff would recommend approval of the request for an R.L.S. of 11.6 acres into 1 tract based on plans dated February 24, 1989. 70), CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-72 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the f o l l o w i n g c o n t r a c t : Project Number 52-161: 1989-1990 Maintenance Materials a n d W a t e r Treatment Chemicals bids were received, opened and tabulated according t o l a w . Those bids received are shown on the attached Summary of Bids; and WHEREAS, the Director of Public Works recommends aw a r d o f c o n t r a c t s a s follows: I. MnDOT 2341 Mix 2. Class 5 Aggregate 3. Class 2 Aggregate 4. Quicklime 5. Ferric Sulfate 6. Liquid Chlorine 7. Liquid Carbon Dioxide 8. Polyphosphate Commercial Asphalt Co. $ 97,500.00 J.L. Shiely Co. $ 16,250.00 J.L. Shiely Co. $ 6,500.00 Cutler-Magner Co. $171,470.00 Dixie Petro-Chem., Inc. $ 57,234.40 Dixie Petro-Chem., Inc. $ 33,176.00 Cardox Div. of Liquid Air Corp. $ 5,740.00 Dixie Petro-Chem., Inc. $ 27,051.00 as the lowest responsible bidders. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie Ci t y C o u n c i l t h a t t h e Mayor and City Manager are hereby authorized and direc t e d t o e n t e r i n t o a contract with the above named suppliers for the amounts l i s t e d i n a c c o r d a n c e with the specifications thereof approved by the City C o u n c i l a n d o n f i l e i n the office of the Director of Public Works. ADOPTED by the Eden Prairie City Council on April 18, 1 9 8 9 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 70).) -MEMORANDUM- TO: Mayor and City Co cil FROM: Gene Dietz DATE: April 13, 1989 RE: Maintenance Materials and Water Treatment Chemicals Bids were received for our annual contract for maintenance ma t e r i a l s a n d c h e m i c a l s for the water treatment plant. Three items need further explanation, the other bids were straight forward. Resolution No. 89-72 shows the material or chemical, recommended supplier and an extension of the unit price multip l i e d b y t h e e s t i m a t e d amount of materials to be purchased. The summary of bids a t t a c h e d s h o w t h e u n i t prices only for the materials. CLASS 5. Unit price for Class 5 as bid by R.F. Dongoske Sales, Inc. i s $ . 1 0 p e r t o n lower than the J.L. Shiely Company. However, the Dongoske pl a n t i s a t 1 1 3 t h a n d 3 5 W in Burnsville, while the Shiely plant site is located in Sha k o p e e . F o l l o w i n g 4 9 4 a n d 35W, the Dongoske plant is three miles further away than the S h i e l y p l a n t a n d u s i n g the Bloomington Ferry Bridge as a route to the Dongoske plan t t h e t r i p i s t e n m i l e s further. We would usually not use the interstate as a haul r o u t e a n d w o u l d p r e f e r the Bloomington Ferry/back-road approach since our crews st a r t a t 7 : 0 0 a . m . a n d w e could often times be trying to haul materials during rush h o u r t r a f f i c . O u r t r u c k s can haul approximately 7 tons and they get approximately 7 m i l e s p e r g a l l o n a n d t h e price of diesel fuel is $.73 today. Based on fuel costs al o n e , t h e D o n g o s k e b i d should be increased by $.15 to be comparable. We have therefor e r e c o m m e n d e d t h a t t h e Class 5 contract go to the J.L. Shiely Company. FERRIC SULFATE. Three bids were received for ferric sulfate -- a chemical util i z e d in our water treatment plant. Dixie Petro-Chem., Inc. (low bid) and Tennessee Chemical Company (second low bid) both qualified their bid by s t a t i n g t h a t t h e p r i c e was firm for only 90 days. Our specifications require a f i r m b i d p r i c e f o r t h e entire 12-month contract period. Feed-Rite Controls on the ot h e r h a n d g a v e u s a f i r m price for the contract period, but has a bid price of $12.54 p e r t o n h i g h e r t h a n t h e low bidder, which translates to an increase of $3,637.00 for t h e e s t i m a t e d c o n t r a c t amount. We have no reason to believe that there will be a need t o i n c r e a s e t h e p r i c e after 90 days and since most of the chemicals all come from the T e n n e s s e e a r e a , F e e d - Rite obviously increased their bid to protect themselves for t h e e n t i r e c o n t r a c t period. Therefore, we are recommending that the award be made t o D i x i e P e t r o - C h e m . , Inc. because it is believed to be in the best interest of the C i t y o f E d e n P r a i r i e . There is some risk that we could see a price increase, but the p r i c e s h a v e g e n e r a l l y been stable in the past years and that is not anticipated. POLYPHOSPHATE. It is recommended that the bid for this water plant chemi c a l b e awarded to Dixie Petro-Chem., Inc. Feed-Rite Controls, Inc. submitted two bids for this material. One was $.67 per pound and the other was $ . 7 3 p e r p o u n d . T h e chemical can exhibit various levels of performance and therefor e h a s a w i d e r a n g e o f feed rates in order to obtain the desired affect. The higher p r i c e b i d f r o m b o t h companies is a better quality material that requires an appl i c a t i o n r a t e o f b e t w e e n 8 and 8-1/2 pounds per million gallons of water treated. The l o w e r p r i c e m a t e r i a l f r o m Feed-Rite, however, requires an application rate of over 10 p o u n d s p e r o n e - m i l l i o n gallons. Therefore, although the unit price is lower, th e t o t a l p r i c e w o u l d b e substantially more than the bid submitted by Dixie Petro-Chem . , I n c . EAD:ssa Unt+ Price_ I.C. 52-161 - 1989 MATERIALS BID BIDDERS BID SECURITY MN/DOT 2341 MIX CLASS 5 (100SCRUSHED) CLASS 2 (100SCR5SHED) QUICKLIME FERRIC SULFATE LIQUID CHLORINE LIQUID CARBON DIOXIDE POLYPHOSPHATE Associated Asphalt, Inc. Bryan Rock ProductS 5% # 3. sS $ g Cardox Commercial Asphalt Co. Cutler-Magner Company g43-1.‘If S% i6..5". ilf 457 Dixie Petro-Chem.. Inc .5-Tek 031! S57.2.0.2 310.11 Feed-Rite Controls. Inc. .9%. IFOtte f giti 414 rg:Ci; G 8 I Trucking Hardrives. Inc. : Heller's Carbonic West. Inc Industrial Chemical Labs ."'Xp 10.7P- J 8 C Trucking J.L. Shiely Company SY0 4113.;LEF 1 . Liquid Carbonic Corp. AID 0/ O. 0—?. Midwest Asphalt Corp. $°4 , Aii, 41 , 1 Mississippi Lime Company Mueller and Sans. Inc. gorthern Chemical Co. 3-.0 I i5:43? A 1 1 l.F. Dongoske Sales. Inc. 5% *3 is 133. 3• Eennessee Chemical Co 1a/03. . it20.2.4s Ian Waters 6 Rogers, Inc. leStern Water Management 5% 10.7P1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-73 RESOLUTION ACCEPTING BID ARTICULATED MOTOR GRADER I.C. 52-163 WHEREAS, pursuant to an advertisement for bids for an Articulated Motor Grader, bids were received, opened and tabulated according to law. Those bids received are shown on the attached sheets; and WHEREAS, the Director of Public Works recommends award of contract to Ziegler, Inc. in the amount of $90,061.00 as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Mayor and City Manager are hereby authorized and directed to enter into a contract with the above named supplier for the amount listed in accordance with the specifications thereof approved by the City Council and on file in the office of the Director of Public Works. ADOPTED by the Eden Prairie City Council on April 18, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk -MEMORANDUM- TO: Mayor and City Cou '1 FROM: Gene Dietz DATE: April 13, 1989 RE: Bids for Articulated Motor Grader An alternate bid was specified which allows a used "low hour" machine to be bid. Each year the Metropolitan Airport leases about 30 machines for snow removal. The current contract with MAC is with Ziegler, Inc., which is the only one that could therefore bid the low hour machine (approximately 200 hours). The basic machine after trade-in was bid at $84,985.00 by Ziegler, Inc. and was approximately $6,000.00 below the John Deere price (new). With 200 hours, the Catapiller machine is an excellent value as bid. The budget amount for the machine is $90,000.00 and we included some options to the basic machine to be considered if the budget allowed. Of the options bid, it is my recommendation that we accept the option for air conditioner/ heater/pressurizer for $2,991.00 and the circle drive slip clutch with pressurizer for $2,175.00. Those two options along with the base bid price brings a total contract amount to $90,061.00. While an air conditioner may seem a luxury on a piece of construction equipment, in fact it can be considered a safety feature. Motor grader cabs have a significant amount of glass to allow the operator good visibility while using the machine. However, in the winter time, that glass becomes iced over very quickly and an air conditioner is the best means of solving that problem. Additionally, summer operation of the machine is extremely dusty and dirty, since by the nature of its work effort it is moving soil and gravel directly beneath the operator. In the heat of the summer, it is impossible to keep the windows closed and with the windows open, the amount of dust that the operator must breath is beyond a reasonable expectation of the job. The circle drive slip clutch with pressurizer is also a safety feature. If the blade comes in contact with a fixed object, this device acts as a shock absorber and prevents major damage to the machine. The other options -- new dozer, variable horsepower, and oversized tires -- are not as important in our opinion as the two options recommended for acceptance. There is an additional provision in the bids that ensures that the City of Eden Prairie would be able to sell the grader for a fixed minimum price. Carlson's Lake State Equipment did not bid this feature. Ziegler bid this amount at $70,000.00. Ziegler on the other hand bid a maximum repair cost of $7,000.00, while Carl son's bid was $2,000.00 for the same feature. However, because of the low base bid and option prices by Ziegler these features do not become the determining factor in awarding the contract. In summary, it is recommended that the award go to Ziegler, Inc. at a contract price of $90,061.00 including the selected options. EAD:ssa 207 BID FORM ALTFRNATE BID - LOW HOUR MACHINE 1. MAKE & MODEL OF EQUIPMENT BEING BID: SUBJECT TO PRIOR SALE MAKE: CATERPILLAR MODEL: 140G $ 125,860.00 F.O.B. CITY SHOP, EDEN PRAIRIE , MINNESOTA (Delivery Point) 2. LESS TRADE-IN: MODEL: CATERPILLAR 1300 S/N: 74V00416 F.O.B. CITY SHOP, EDEN PRAIRIE, MINNESOTA 3. PURCHASER PAYS THIS AMOUNT 4. GUARANTEED MAXIMUM REPAIR COST for 5 years or 6,000 hours, whichever occurs first. The agency pays for only repairs needed up to the maximum which SHALL NOT EXCEED 5. GUARANTEED MINIMUM VALUE at the end of 5 years or 6,000 hours 6. SCHEDULED MAINTENANCE COSTS (from attached work sheet) for 5 years or 6,000 hours 7. TOTAL COST BID (Item #3, Plus Item #4, less Item #5 plus Item #6). Contract length is 5 years or 6,000 hours. OPTIONS: A. One (1) new front mounted hydraulic angle dozer blade with float capabilities of similar design to existing plow B. Air conditioner/heater/pressurizer C. Circle drive slip clutch D. Variable horsepower E. 17.5x25 traction tires and spare tire and rim F. Trip cutting edge on wing $ 40,875.00 $ 84,985.00 — $ 7 000.00 $ 70.000 00 (-1 $ 3 ,66 6.1 8 $ 25,651.18 $ 4,280.001 $ 2,991.00 Eagle Air Cond. — $ 2,175.00 w/pressurizer $ 1,200.00 $ 2,715.00 $ Not Available DELIVERY DATE: 60 - 911 DAYS AFTER AWARD NOTE: Bidder must bid on all items and will be paid amount on Line 3. Failure to do so will disqualify bidder. NAME OF BIDDER: ZIEGLER INC. ADDRESS: 901 West 94th Street Minneapolis, MN 55420 N SIGNED BY: ‘n k - TITLE: ''BID ACCEPTED: (Date) BY: TITLE: (67 SIGNED BY: TITLE: (Y 1(1,L 1 r, Govc-rument_al Sales Manager BID ACCEPTED: BID FORM I. MAKE & MODEL OF EQUIPMENT BEING BID: MAKE: John Deere MODEL: 770B-H F.O.B. CITY SHOP, EDEN PRAIRIE , MINNESOTA (Delivery Point) 2. LESS TRADE-IN: MODEL: CATERPILLAR 1300 S/N: 74V00416 F.O.B. CITY SHOP, EDEN PRAIRIE, MINNESOTA 3. PURCHASER PAYS THIS AMOUNT 4. GUARANTEED MAXIMUM REPAIR COST for 5 years or 6,000 hours, whichever occurs first. The agency pays for only repairs needed up to the maximum which SHALL NOT EXCEED 5. GUARANTEED MINIMUM VALUE at the end of 5 years or 6,000 hours -- 6. SCHEDULED MAINTENANCE COSTS (from attached work sheet) for 5 years or 6,000 hours 7. TOTAL COST BID (Item #3, Plus Item #4, less Item #5 plus Item #6). Contract length is 5 years or 6,000 hours. $ 115,000.00 24,700.00 90,300.00 2,000.00 $ No guarantee , t-, $ 4,457.13 96,757.13 3,100.00 500.00 $ Not availabiov - $ Included in base bid. OPTIONS: A. One (I) new front mounted hydraulic angle dozer blade with float capabilities of similar design to existing plow B. Air conditioner/heater/pressurizer C. Circle drive slip clutch D. Variable horsepower E. 17.5x25 traction tires and spare tire and rim $ 350.00 F. Trip cutting edge on wing DELIVERY DATE: 110-150 DAYS AFTER AWARD NOTE: Bidder must bid on all items and will be paid amount on Line 3. Failure to do so will disqualify bidder. NAME OF BIDDER: Carlson's Lake State Eq. Co. ADDRESS: 12500 Dupont Avenue south Burnsville. MN 55337 $ Not available (Date) BY: TITLE: (6-1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-78 WATER SYSTEM ANALYSIS WHEREAS, the City of Bloomington is currently reviewing the water system needs for their community; WHEREAS, the City of Eden Prairie will ultimately have the need for an expanded water system beyond the capability of the current water plant and associated site; WHEREAS, the City of Bloomington is willing to consider constructing a water plant and associated facilities to serve their needs along with the potential needs of the City of Eden Prairie; and WHEREAS, the City Council of the City of Eden Prairie recognizes that this joint solution could be the most cost effective means to supply water for both communities. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie hereby expresses an interest to the City of Bloomington to consider a joint water treatment facility to serve the needs of both communities and authorizes the City Staff to select a consultant and negotiate a contract to study the needs of the City of Eden Prairie and to consider the feasibility of such a joint arrangement. ADOPTED by the Eden Prairie City Council on April 18, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 7, 10 -MEMORANDUM- TO: Mayor and City Council FROM: Gene Dietz DATE: April 13, 1 RE: Water System Analysis Recently, I have had occasion to meet with Staff from the City of Bloomington regarding the possibility of a cooperative arrangement for water system improvements. Briefly, Bloomington has been purchasing water from the City of Minneapolis for 29 years and supplys only 8 million gallons out of a potential supply of 41 million gallons with their own plant. Bloomington and Minneapolis are in the process of negotiating an extension to that contract, but are having difficulty doing so. The potential exists for Bloomington to be in a position of having to supply their entire water needs in the near future. Whether Bloomington builds a plant to supply their 40 mgd needs or a 10-20 mgd plant to supplement a supply from Minneapolis cannot be determined at this time. However, Bloomington has asked if we would be interested in cooperating with them to construct a plant incorporating the needs of the City of Eden Prairie. In order to determine if that is feasible, a study by a consultant will be necessary. The firm of Black & Veatch from Kansas City has designed our water treatment plant and much of our system. They also have completed the most recent study for the City of Bloomington. Therefore, it would seem to be the most cost effective and technically accountable procedure to hire Black & Veatch to investigate our growth needs and review the technical and financial feasibility of obtaining that extra capacity through a purchase arrangement with Bloomington. I suggested in a memorandum to you that it was my intent to bring this issue to you this Fall. Therefore, to pursue a study at this time is only a few months premature from our original intention anyway. While it is prudent to consider Black & Veatch as the consultant, the attached Resolution does not specify them, since we would need to negotiate a contract and price for the work. Therefore, the Resolution provides Bloomington an indication that we would like to consider the possibility and authorizes City Staff to select a consultant and negotiate a contract for Council consideration. I would anticipate that the entire process to receive a finished report would be approximately 6 months. Whether we ultimately cooperate with Bloomington or not, the results of this study will be important in determining the schedule for future improvements to our water system. I therefore strongly recommend that the Resolution be approved. EAD:ssa ii VAC 89-04 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-70 VACATION OF UTILITY EASEMENT OVER PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 6 (PLATTED AS WYNDHAM NOB 2ND ADDITION) WHEREAS, the City of Eden Prairie has a certain utility easem e n t d e s c r i b e d in Document Number 5378873 on file in the office of the Coun t y R e c o r d e r , Hennepin County, Minnesota further described as follows: REFER TO EXHIBIT A WHEREAS, a public hearing was held on April 18, 1989, after due n o t i c e w a s published and posted as required by law; WHEREAS, it has been determined that the said utility ease m e n t i s n o t necessary and has no interest to the public, therefore, should b e v a c a t e d . NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council a s f o l l o w s : 1. Said utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of t h e proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on April 18, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 70. EXHIBIT A A 20.00 foot permanent easement and a 1 0 0 . 0 0 f o o t t e m p o r a r y c o n s t r u c t i o n easement for utility/construction and m a i n t e n a n c e p u r p o s e s o v e r , u n d e r a n d across that part of that part of the w e s t 8 0 a c r e s o f t h e N 1 / 2 o f t h e N W 1/4 of Section 6, Township 116, Range 2 2 l y i n g e a s t o f t h e w e s t 1 6 1 8 . 1 f e e t thereof described as follows: The centerline of said 20.00 foot per m a n e n t e a s e m e n t a n d s a i d 1 0 0 . 0 0 f o o t temporary construction easement is des c r i b e d a s f o l l o w s : C o m m e n c i n g a t t h e Intersection of the north line of said S e c t i o n 6 a n d s a i d e a s t l i n e o f t h e west 1618.1 feet; thence south, along s a i d e a s t l i n e o f t h e w e s t 1 6 1 8 . 1 feet, a distance of 1036.05 feet to the point o f b e g i n n i n g o f t h e c e n t e r - line to be described; thence deflectin g t o t h e l e f t 1 1 5 d e g r e e s 0 0 m i n u t e s 00 seconds to said east line of the wes t 1 6 1 8 . 1 f e e t , a d i s t a n c e o f 4 0 0 . 0 0 feet; thence deflecting to the left 5 9 d e g r e e s , 0 4 m i n u t e s , 1 8 s e c o n d s a distance of 157.01 feet; thence defl e c t i n g t o t h e r i g h t 1 2 d e g r e e s 3 4 minutes 18 seconds a distance of 310. 0 0 f e e t ; t h e n c e d e f l e c t i n g t o t h e right 59 degrees 00 minutes 00 seconds a d i s t a n c e o f 3 0 8 . 0 0 f e e t ; t h e n c e deflecting to the left 13 degrees 25 m i n u t e s 3 0 s e c o n d s a d i s t a n c e o f 9 3 . 2 0 feet more or less to the east line o f s a i d N W 1 / 4 o f S e c t i o n 6 a n d s a i d centerline there terminating. Said temporary construction easement t o e x p i r e o n o r b e f o r e D e c e m b e r 3 1 , 1988. 71'3 APRIL 18,1989 50020 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 50021 DAKOTA COUNTY TECHNICAL INSTITUTE SCHOOL-FIRE DEPT 022 AT&T SERVICE •023 BIRTCHER WELSH APRIL 89 RENT-CITY HALL 50024 GREGG CLARKE REFUND-ROOT RIVER CANOE TRIP 50025 SUSAN GEKAS REFUND-SWIMMING LESSONS 50026 DORIS HAAS REFUND-GOOD COMPANY TRIP 50027 JASON-NORTHCO PROP LPX1 APRIL 89 RENT-LIQUOR STORE 50028 TRACY JOHANSEN REFUND-SWIMMING LESSONS 50029 STACY KOEHLER REFUND-SWIMMING LESSONS 50030 MINNEGASCO SERVICE 50031 MINNESOTA ANIMAL CONTROL ASSN CONFERENCE-POLICE DEPT 50032 MINNESOTA RECREATION & PARK ASSN -CONFERENCE-PARK RECREATION & N A T U R A L RESOURCES 50033 NORTHERN STATES POWER CO SERVICE 50034 OFFICE PRODUCTS OF MN INC COMPUTER SOFTWARE-FORESTRY DEPT 50035 MARGARET PENGELLY REFUND-AQUA AEROBICS CLASS 50036 NANCY TARAN REFUND-SWIMMING LESSONS 50037 U S WEST COMMUNICATIONS SERVICE 50038 MN DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATION & EXCISE TAX 50039 LIL RED EDEN PRAIRIE GROCERY POSTAGE-CITY HALL 50040 U S POSTMASTER POSTAGE-VALUATION NOTICES-ASSESSING DEPT 50041 HOPKINS POSTMASTER POSTAGE-DOG LICENSE APPLICATIONS/RENEWALS 50042 KEYE PRODUCTIVITY CENTER CONFERENCE-POLICE DEPT 50043 SOUTH HENNEPIN HUMAN SERVICES COU EXPENSES-ADMINISTRATION 50044 UNIVERSITY OF MINNESOTA CONFERENCE-ENGINEERING DEPT 50045 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 90046 BENSON OPTICAL REFUND-ROUND LAKE PARK BUILDING RENTAL 047 BENSON OPTICAL REFUND-ROUND LAKE PAVILION RENTAL J0048 RAYMOUND RAU REFUND-OUTDOOR CENTER RENTAL 50049 MIA REESE REFUND-STRENGTH TRAINING CLASS 50050 JEFF SMITH REFUND-OUTDOOR CENTER PROGRAM 50051 SUPPLIES 7 HI ENTER INC APRIL 89 RENT-LIQUOR STORE 50052 RMRS SYSTEM POSTAGE-POLICE DEPT 50053 TEENER'S THEATRICAL FABRICS & ACC COSTUMES-ICE SHOW-SPECIAL EVENTS 50054 BMB SERVICES -SOUND SYSTEM REPAIR & REPLACEMENT PARTS- COMMUNITY CENTER 50055 PAPER WAREHOUSE -CUPS/TABLE COVERS-OUTDOOR CENTER-STARING LAKE PARK 50056 PRAIRIE HARDWARE -PLASTIC TABLEWARE/DRILL BITS/SQUARE/HINGE/ -FASTENERS/SCREWS/BUCKETS/WIRE BRUSHES/ -SHOWER ROD/CADDY/COAT HOOKS/KEYS-STREET MAINTENANCE 50057 WATEROUS COMPANY VIDEO TAPES-FIRE DEPT 50058 C & N W TRANSP CO WATERMAIN RENTAL AGREEMENT 50059 HANS ERDMAN WINTER SURVIVAL INSTRUCTOR/FEES PAID 50060 AT&T SERVICE 50061 AT&T CONSUMER PRODUCTS DIV SERVICE 50062 NORTHERN STATES POWER COMPANY SERVICE 50063 NORTHERN STATES POWER CO SERVICE 50064 SOUTH HENNEPIN HUMAN SERVICES COU EXPENSES-COUNCILMEMBER 50065 U S WEST COMMUNICATIONS SERVICE 50066 CITY-COUNTY CREDIT UNION PAYROLL 3/31/89 ( 1 67 COMMISSIONER OF REVENUE PAYROLL 3/31/89 o68 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 10690358 367.95 450.00 191.49 26337.68 55.00 20.00 4.50 6050.29 4.75 5.00 17636.69 30.00 140.00 12769.94 580.00 21.00 53.00 149.32 1243.22 32.00 2878.68 117.22 98.00 10.00 135-00 29.89 43.00 43.00 50.00 21.00 2.00 4549.94 2000.00 1361.79 3429.89 23.75 171.25 35.00 1800.00 288.00 532.21 65.00 9958.57 5.20 10.00 705.71 1363.00 10782.65 252.00 APRIL 18.1989 50069 FIRST BANK-EDEN PRAIRIE PAYROLL 3/31/89 50070 GREAT WEST LIFE ASSURANCE CO PAYROLL 3/31/89 ,071 HEWN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION J072 ICMA RETIREMENT CORPORATION PAYROLL 3/31/89 50073 MEDCENTERS HEALTH PLAN INC APRIL 89 HEALTH INSURANCE PREMIUM 50074 MORWCST BANK HOPKINS PAYROLL 3/17/89 & 3/31/89 50075 EXECUTIVE DIRECTOR-PERA PAYROLL 3/31/389 50076 EXECUTIVE DIRECTOR-PERA PAYROLL 2/3/89-2/17/89-3/3/89-3/17/89 50077 PHYSICIANS HEALTH PLAN APRIL 89 HEALTH INSURANCE PREMIUM 50078 UNITED WAY PAYROLL 3/31/89 50079 JOHN FRANE FEBRUARY t MARCH 89 EXPENSES-FINANCE DEPT 50080 LIL RED EDEN PRAIRIE GROCERY POSTAGE-ELECTIONS 50081 MINNESOTA HISTORICAL SOCIETY EXPENSES-HISTORICAL & CULTURAL COMMISSION 50082 MINNESOTA ASHRAE CHAPTER CONFERENCE-BUILDING INSPECTIONS DEPT 50083 HENNEPIN COUNTY TREASURER LICENSE FEE-POOL-COMMUNITY CENTER 50084 BEER WHOLESALERS INC BEER 50085 DAY DISTRIBUTING CO BEER 50086 EAST SIDE BEVERAGE CO BEER 50087 KIRSCH DISTRIBUTING CO BEER 50088 MARK VII DISTRIBUTING COMPANY BEER 50089 MIDWEST COCA COLA BOTTLING CO MIX 50090 PEPSI COLA COMPANY MIX 50091 RC BEVERAGE-TWIN CITIES MIX 50092 THORPE DISTRIBUTING COMPANY BEER 50093 TWIN CITY HOME JUICE MIX 50094 MN DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATIONS 50095 CAPE ON THE POND -EXPENSES-EMPLOYEE RECOGNITION-HUMAN RESOURCES )96 MVMA BOOK-POLICE DEPT J0097 SOUTH HENNEPIN HUMAN SERV COUNCIL EXPENSES-HUMAN RESOURCES 50098 NORTHDALE CONSTRUCTION CO SERVICE-PRAIRIE VIEW DRIVE & ST ANDREW DR 50099 A D DICK COMPANY XEROX PAPER-CITY HALL 50100 ABBOTT PAINT & CARPET COMPANY 500 STRAINERS-WATER DEPT 50101 ACRO-MINNESOTA INC OFFICE SUPPLIES-CITY HALL/COMMUNITY CENTER 50102 ADT SECURITY SYSTEMS MID SOUTH IN SECURITY SYSTEMS-FIRE STATION 111 & *2 50103 AIRLIFT DOORS INC DOOR REPAIR-FIRE STATION i2 50104 ALPHA VIDEO & AUDIO VIDEO TAPES-PARK BOND REFERENDUM 50105 AMERICAN NATIONAL BANK BOND PAYMENT 50106 AMERICAN PLANNING ASSOCIATION BOOK-PLANNING DEPT 50107 AMERICAN SPEEDY PRINTING CTR PRINTING INVITATIONS-AWARDS-COUNCIL 50108 AMERICAN SOCIETY OF COMPOSERS ALIT LICENSE FEE-COMMUNITY CENTER 50109 EARL F ANDERSEN & ASSOC INC -100 ANIMAL CONTROL SIGNS-$2605.00/8OLTS/ -NUTS/BRACKETS-ANIAML CONTROL/BASES/ -POST ADAPTERS/T-SHIRTS-STREET DEPT/POSTS- $786.00/POST DRIVER-$125.00-SEWER DEPT 50110 AQUATROL CORPORATION REPAIR LEVEL TELEMETRY SYSTEM-WATER DEPT 50111 ARMOR SECURITY INC DOOR LOCK REPAIR-FIRE DEPT 50112 ARTSION MATERIALS CO MARKERS-PARK PLANNING 50113 ART STONE DANCE & GYMNASTIC SUPPL LEOTARDS-SPECIAL EVENTS 50114 ASTLEFORD INTL INC -FILTER/BRAKE SHOE/CABLE/MOTOR/POWER STEERING PUMP-EQUIPMENT MAINTENANCE 50115 AT&T CREDIT CORPORATION PURCHASE/LEASE TELEPHONE SYSTEM-WATER DEPT 50116 BACON'S ELECTRIC CO REPAIR HIGH SERVICE PUMP-WATER DEPT 17 BARTON ASCHMAN ASSOCIATES INC SERVICE-GOLF COURSE SCHEMATICS .18 BATTERY & TIRE WAREHOUSE INC -SIGNAL LIGHTS/WIPER BLADES/LIGHTS/ -WINDSHIELD WASHER FLUID/SIGNAL FLASHERS- 20829479 52832.03 4411.00 194.76 1268.92 12403.90 1000.00 26750.12 372.36 20791.66 246.50 400.00 12.50 48.00 40.00 330.00 3456.50 6067.32 13829.80 124.10 19929.65 672.50 434.95 284.14 20772.85 75.30 78.75 62.00 27.00 20.00 4225.36 195.70 201.90 1382.83 694.00 124.05 54.72 823.50 39.00 120.65 412.50 4026.60 207.00 103.35 9.00 97.65 588.88 95.30 448.85 7068.52 438.82 EQUIPMENT MAINTENANCE 50119 BAUER BUILT TIRE & SVC FRONT END ALIGNMENT-EQUIPMENT MAINTENANCE 50120 BENTEC ENGINEERING CORP LIFT STATION DIALER REPAIR-SEWER DEPT 50121 BERGIN AUTO BODY PAINT & REPAIR SQUAD CAR-EQUIPMENT MAINT 1122 BITUMINOUS ROADWAYS INC BLACKTOP-STREET MAINTENANCE /123 CITY OF BLOOMINGTON FEBRUARY 8 9 ANIMAL IMPOUND SERVICE 50124 BOUSTEAD ELECTRIC & MFG CO MOTOR-WATER DEPT 50125 BOYER FORD TRUCKS INC -SPACERS/HANDLE/WINTER SHIELD-EQUIPMENT MAINTENANCE 50126 BOYUM EQUIPMENT INC -BRAKE SHOES/HYDRAULIC CYLINDER-PARK MAINT/ EQUIPMENT MAINTENANCE 50127 BMS OFFICE STORES INC TYPEWRITER PRINTHEADS-POLICE DEPT 50128 BROADWAY EQUIPMENT CO CAR WASH SOAP-POLICE DEPT 50129 BRO-TEX INC TOWELS-EQUIPMENT MAINTENANCE 50130 MAXINE BRUECK MILEAGE-FINANCE DEPT 50131 BUCKINGHAM DISPOSAL INC MARCH 89 WASTE DISPOSAL 50132 BURTON EQUIPMENT INC ROLLING SAFETY LADDER-WATER DEPT 50133 BUSINESS CREDIT LEASING INC MAY 89 COPIER RENTAL-FIRE DEPT 50134 BUSINESS MACHINES SALES & SVC -TYPEWRITER MAINTENANCE AGREEMENT/4 PRINTWHEELS-POLICE DEPT 50135 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL 50136 KEROS CARTWRIGHT SERVICE-FLYING CLOUD LANDFILL 50137 CENTURION TECHNOLOGY SYSTEMS INC SET UP BRUSH TRUCK-FIRE DEPT 50138 CERTIFIED LABORATORIES CLEANING SUPPLIES/SPRAYER-WATER DEPT 50139 CHAPIN PUBLISHING COMPANY LEGAL ADS-STREET MAINTENANCE 50140 LLOYD CHERNE -REIMBURSEMENT OF GREEN ACRES ASSESSMENT LEVY 50141 CHUCK'S BAGS UNLIMITED FIRST AID EQUIPMENT-POLICE DEPT 50142 CLAREYS SAFETY EQUIPMENT INC -MARKING TAPE/16 HOSE CONNECTIONS-$2150.00/ -4 GATE VALVES-S700.00/6 HOSE CLAMPS- -$1156.50/3 SUCTION STRAINERS-$750.00/10 -20 EXTENSION CORDS-$475.00/8 CORD REELS- $540.00/SHOVELS/BROOMS-FIRE DEPT 50143 CLUTCH & TRANSMISSION SER INC -SHIFT CONTROL/LOCKOUT HUB/HEATER ASSEMBLY/ -CLAMPS/STEEL TUBING/TAIL SPOUT/FLEXIBLE TUBING-EQUIPMENT MAINTENANCE 50144 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-EQUIPMENT MAINTENANCE 50145 CONTINENTAL SAFETY EQUIP INC -SAFETY BLOCK-$1339.00/HARNESS/RETRIEVAL LINE/ROPE/SNAP HOOKS-SEWER DEPT 50146 CRESTLINE CO INC PENS-POLICE DEPT 50147 CRYSTAL MINN FABRICS $724 COSTUME SUPPLIES-SPECIAL EVENTS 50148 CUSTOM FIRE APPARATUS INC GENERATOR-FIRE DEPT 50149 CUTLER-MASHER COMPANY QUICKLIME-WATER DEPT 50150 WARD F DAHLBERG MARCH 89 EXPENSES-LIQUOR STORES 50151 DALCO -CLEANING SUPPLIES-WATER DEPT/FACILITIES/ COMMUNITY CENTER/PARK MAINTENANCE 50152 DECORATIVE DESIGNS APRIL 89 SERVICE-CITY HALL 50153 DIAMOND ACCEPTANCE -MAY 89 COPIER INSTALLMENT PAYMENT-POLICE DEPT 50154 EUGENE DIETZ MARCH 89 EXPENSES-ENGINEERING DEPT 50155 DEL AIR CONDITIONING & HEATING IN HEATER REPAIR-PUBLIC WORKS BUILDING 50156 DONAHUE MECHANICAL INC SEWER SERVICE-ATHERTON WAY 50157 DRISKILLS SUPER VALU EXPENSES-CITY HALL/SENIOR CENTER 50158 DUBLIN ADVERTISING PHOTOGRAPHY -PHOTOGRAPHY FEE-S600.00/FILM PROCESSING- FIRE DEPT 120.00 232.54 660.82 613.87 191.00 202.66 202.60 543.79 52.00 57.24 133.48 26.50 861.00 191.86 182.75 179.28 1005.01 500.00 320.00 135.00 244.80 433.81 375.00 6849.00 928.31 254.19 1746.64 215.80 276.80 2200.00 4997.03 80.00 1086.33 49.50 300.00 203.62 84.51 164.00 71.31 705.00 /67705 LK) 50159 PAULA DUNNUM 50160 DYNA SYSTEMS 50161 EDEN PRAIRIE CHAMBER OF COMMERCE ( )162 ' ,0163 50164 50165 50166 EDEN PRAIRIE FIRE DEPT E P PHOTO E P PHOTO ELVIN SAFETY SUPPLY INC FEIST BLANCHARD CO 50167 FIRST TRUST CENTER 50168 FLAGHOUSE INC 50169 FOTO MARK AEROBICS INSTRUCTOR/FEES PAID CABLE TIES-WATER DEPT -PRINT1N6-$254.66-PUBLIC INFORMATION/ EXPENSES-CITY HALL AWARD PROGRAMS-HUMAN RESOURCES SLIDES-FIRE DEPT FILM/FILM PROCESSING-POLICE DEPT GLOVES/CHEMICALS-WATER DEPT/COMMUNITY CTR -CABLE TIES/SNOW PLOW KIT/VALVES/PLUGS/ -TIRE GAUGES/ROTOR/WATER PUMP/BELTS/TIE -RODS/DRAG LINK/FILTERS/WINDOW HANDLES- EQUIPMENT MAINTENANCE BOND PAYMENT 2 CASSETTE RECORDERS-ORGANIZED ATHLETICS -WELL HOUSE AIR INTAKE FILTER SCREEN COATING-WATER DEPT 200.00 140.03 348.66 3205.75 4.65 31.22 228.70 1040.66 80479.38 89.10 200.00 50170 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 50171 FRIENDS OF H 0 M E EXPENSES-COUNCIL 50172 GENERAL SAFETY EQUIPMENT CORP ALUMINUM-FIRE DEPT 50173 GLASS SERVICE COMPANY INSTALL MAIL SLOT/REPLACE WINDOW-CITY HALL 50174 GOODWILL INDUSTRIES INC MARCH 89 EXPENSES-SOLID WASTE MANAGEMENT 50175 GOPHER OIL COMPANY HYDRAULIC OIL-WATER DEPT 50176 GOVERNMENT TRAINING SERVICE -STRATEGIC PLANNING CONSULTANT-HUMAN RESOURCES 50177 ALAN GRAY MARCH 89 EXPENSES-ENGINEERING DEPT 50178 GREAT FACES POSTERS-FIRE DEPT 50179 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT 50180 GUNNAR ELECTRIC CO INC CIRCUIT BREAKER-PARK MAINTENANCE 50181 HACH CO LAB SUPPLIES-WATER DEPT 'AM HANSEN THORP PELLINEN OLSON INC SERVICE-STARING LAKE PARK 183 HARMON GLASS LATCHES-EQUIPMENT MAINTENANCE 184 HEALTH & HOME ADVERTISING-LIQUOR STORES 50185 HENNEPIN COUNTY TREASURER MICROFILMING-CITY HALL 50186 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 50187 HEWN CTY-SHERIFFS DEPT FEBRUARY 89 BOOKING FEE-POLICE DEPT 50188 HENNEPIN COUNTY TREASURER FEBRUARY 89 BOARD OF PRISONERS-POLICE DEPT 50189 HENNEPIN PARKS SERVICE-SPRING SKILL DEVELOPMENT 50190 D C HEY COMPANY INC MAINTENANCE AGREEMENT-WATER DEPT 50191 HOFFER'S INC COATINGS DIV PAINT-PARK MAINTENANCE 50192 HOLLE CONSTRUCTION COMPANY REFUND-LAND DEVELOPMENT FEES 50193 HONEYWELL INC -FIRST QUARTER 89 PROCESS CONTROLS MAINTENANCE AGREEMENT-WATER DEPT 50194 IBM CORPORATION MAY 89 MAINTENANCE AGREEMENT-CITY HALL 50195 DRIVERS LICENSE GUIDE CO 1 D CHECKING GUIDE-POLICE DEPT 50196 INSTITUTE FOR ATHLETIC PERFORMANC FITNESS TESTING-POLICE DEPT 50197 INSTY PRINTS -PRINTING-POLICE DEPT/INVITATIONS-HUMAN RESOURCES 438.90 20.00 45.60 525.49 1814.67 65.90 910.08 200.00 179.14 308.02 28.98 125.09 2725.06 13.50 69.33 145.05 768.00 195.17 1153.66 200.00 75.00 72.60 1150.00 3723.00 424.32 17.45 4488.00 210.20 50198 INTL OFFICE SYSTEMS INC 50199 JM OFFICE PRODUCTS INC 50200 JOHN LEROY CO 50201 JOHNSON CONTROLS 50202 THE KNOX CO -TONER/MARCH 89 MAINTENANCE AGREEMENT-CITY HALL OFFICE SUPPLIES-WATER DEPT/FIRE DEPT BOLTS/ROPE CUTTER-WATER DEPT -FIRST QUARTER 89 MAINTENANCE AGREEMENT- COMMUNITY CENTER -KEY SECURITY BOX FOR FIRE DEPT-COMMUNITY CENTER 294.25 282.58 121.24 955.00 122.00 .0783543 DALE LACHERMEIER FIBERGLASS WAX-WATER DEPT LANOLINE COMMUNICATIONS SERVICES GAS MONITOR/CHARGER-SEWER DEPT CINDY LANENBERG MILEAGE-FIRE DEPT LINHOFF COLOR PHOTO FILM/FILM PROCESSING-PARK BOND REFERENDUM LONG LAKE FORD TRACTOR INC CROSSBAR-PARK MAINTENANCE LORENZE BUS SERVICE INC BUS SERVICE-ADULT PROGRAMS LUND'S INC EXPENSES-FIRE DEPT M-V GAS CO GAS-OUTDOOR CENTER-STARING LAKE PARK MARKETING RECREATION CLASSES SUBSCRIPTION-COMMUNITY CENTER MARKHURD CORPORATION AERIAL SURVEY SERVICES-PLANNING DEPT mATTS AUTO SERVICE INC TOWING-EQUIPMENT MAINTENANCE MCNEILUS STEEL INC STEEL PLATE-WATER DEPT MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT METRO ALARM INC -2ND QUARTER 89 SECURITY SYSTEM-PUBLIC WORKS BUILDING METRO PRINTING INC PRINTING FORMS-POLICE DEPT METROPOLITAN MECHANICAL CONTRACTO PUMP REPAIR-COMMUNITY CENTER KAREN MICHAEL EXPENSES/MILEAGE-HUMAN RESOURCES MIDLAND PRODUCTS CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE HERMAN MILLER INC -PARTITIONS/SHELVES/WORK SURFACES/TASK LIGHTS/CONNECTIONS-FINANCE DEPT 50223 MINNESOTA BLUEPRINT PRINTING-PARK PLANNING 50224 MINNESOTA COMMUNICATIONS CORP -APRIL 89 PAGER SERVICE-SEWER DEPT/WATER DEPT/FIRE DEPT/POLICE DEPT 50225 MN CONWAY FIRE & SAFETY -EXTINQUISHER RECHARGING/2I FLASHLIGHTS- -;136.50/56 ADAPTERS-$1980.00/13 BOLT -CUTTERS-$845.00/50 BRACKETS-$690.00/7 -HOOLIGAN TOOLS-$630.00/4 BACKBOARDS- -$868.00/12 PRYBARS-$169.50/10 SMOKE -EJECTORS-$4100.00/32 LOCKS-$736.00-FIRE DEPT 50226 MINNESOTA GOOD ROADS INC DUES-ENGINEERING DEPT 50227 MINNESOTA TITLE FILING FEES-PURGATORY CREEK/MCA ACQUISTION 50228 MINUTEMAN PRESS ADVERTISING-COMMUNITY CENTER 50229 W M MONTGOMERY & ASSOCIATES -MARCH 89 RADIO ENGINEERING SERVICE-POLICE DEPT 50230 MOTOROLA INC RADIO REPAIR-POLICE DEPT 50231 MOTOROLA INC 20 ALERT MONITOR RECEIVERS-FIRE DEPT 50232 BETH NILSSON SKATING INSTRUCTOR/FEES PAID 50233 NORCOSTCO INC BODYSUITS-SPECIAL EVENTS 50234 NORTH KILBRIDE OPTICIANS MAGNIFYING GLASSES-FIRE DEPT 50235 NORTH STAR SOUND INC CASSETTE RECORDER-PARK BOND REFERENDUM 50236 NORTH STAR TURF INC WHEEL SEAL/CYLINDER-PARK MAINTENANCE 50237 NORTHERN STATES POWER CO SERVICE-STREET LIGHTING-VALLEY VIEW ROAD 50238 NORWEST BANK MINNESOTA N A BOND PAYMENT 50239 COLONIAL BUILDERS INC DRAINAGE IMPROVEMENTS-BOYD AVE 50240 KATHLEEN A ORRE UNIFORMS-POLICE DEPT 50241 OFFICE PRODUCTS OF MN INC -PRINTER REPAIR-COMMUNITY CENTER/EQUIPMENT -MAINTENANCE/COMPUTER/MONITOR 14 CABLE- -$1998.00-EQUIPMENT MAINT/LABELS & CARTRIDGES-$131.50-FORESTRY DEPT 50242 OWENS SERVICE CORP REFUND-OVERPAYMENT MECHANICAL PERMIT 50243 PEPSI COLA COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 100.00 1523.00 42.75 369.20 108.30 111.00 57.63 195.00 69.00 1803.00 28.00 114.12 42.00 78.00 283.00 125.24 95.25 465.41 307.50 12529.16 92.29 290.10 10217.00 185.00 98.50 400.10 16.00 106.02 8380.00 2337.04 79.88 60.00 150.00 103.46 3725.00 1821780.20 2314.45 33.92 2311.75 11.50 352.50 50203 50204 50205 50206 207 , J208 50209 50210 50211 50212 50213 50214 50215 50216 50217 50218 50219 50220 50221 50222 7149127 711 APRIL 18,1989 50244 PERSONNEL POOL t 245 CONNIE L PETERS .0246 CHERYL C PETERSEN 50247 PITNEY BOWES INC 50248 POKORNY COMPANY 50249 PRAIRIE ELECTRIC COMPANY INC 50250 PRAIRIE HARDWARE 50251 PRAIRIE HARDWARE 50252 PRAIRIE HARDWARE 50253 PRAIRIE HARDWARE 50254 PRAIRIE HARDWARE 50255 PRAIRIE HARDWARE 50256 PRAIRIE HARDWARE 50257 PRIDE & PERFORMANCE INC 50258 PSO BUSINESS COMMUNICATIONS INC 50259 R P M DISTRIBUTORS 50260 R & R SPECIALTIES INC 50261 ROAD RESCUE INC 50262 RYANS RUBBER STAMPS 50263 ST PAUL BOOK & STATIONERY CO 50264 SANCO INC 50265 THE SANDWICH FACTORY INC 50266 SEARS 50267 SENIOR COMMUNITY SERVICES 50268 SETTER LEACH & LINDSTROM INC 50269 SEXTON PRINTING INC 50270 SHAKOPEE FORD INC 50271 THE SKETCH PAD 5 ,)272 SNAP ON TOOLS CORP k,273 SNYDER DRUG STORES INC 1327377 -SERVICE-ADMINISTRATION/HUMAN RESOURCES/ FINANCE DEPT MILEAGE-COMMUNITY CENTER MILEAGE-POLICE DEP1 -2ND QUARTER 89 POSTAGE METER RENTAL- POLICE DEPT WATER CLOSET PARTS-FACILITIES -INSTALL 4 TELEPHONE RECEPTACLES-FIRE -STATION/REPLACE BALLAST-POLICE BUILDING/ INSTALL RECEPTACLE-COMMUNITY CENTER -OIL CAN/COUPLER/BUSHING/CABLE TIES/DUCT -TAPE/SPRAY PAINT/GARDEN HOSE REPAIR-FIRE DEPT -BATTERIES/HUMIDIFIER PELLETS/VELCRO/TAPE/ -NO SMOKING SIGNS/SCREWDRIVER/STUD FINDER/ NAILS-CITY HALL -TAPE/PIPE/NUTS/BOLTS/WASHERS/SPRAY PAINT/ -DUST PAN/OUTLET PLATES/SPRING/LIGHT BULBS/ SWITCH-COMMUNITY CENTER -SANDING BELTS/PAINT BRUSHES/CLASPS/SCREWS/ -STEEL WOOL/PIPE/PAINT/PAINT ROLLERS/GLUE/ -WASHERS/FITTINGS/TAPING KNIFE/WEATHER STRIPPING-PARK MAINTENANCE -TAPE/WAX/POLISHING MITT & CLOTH/VELCRO/ LIGHT BULBS/WRENCH/SOCKET-POLICE DEPT PLASTIC TUBING/WOOD STICKS-SEWER DEPT -PAINT/PAPER PLATES/PAINT ROLLERS/PAINT -PANS/PLEXIGLASS/COUPLINGS/PIPE/TIES/ HANDLES-STREET DEPT RECOGNITION ITEMS-HUMAN RESOURCES TELEPHONE SERVICE-CITY HALL 130 CANS OF RACQUETBALLS-RACQUETBALL -SNOW BREAKER SPRING/REPLACE FROST PLUG & -FAN SWITCH/IAMBONI BLADES SHARPENED-ICE ARENA-COMMUNITY CENTER FIRST AID RESCUE EQUIPMENT-FIRE DEPT -RUBBER STAMPS-ENGINEERING DEPT/PLANNING DEPT/BUILDING INSPECTIONS DEPT -OFFICE SUPPLIES-CITY HALL/WATER DEPT/ COMMUNITY CENTER BROOMS-FACILITIES EXPENSES-POLICE DEPT -FANS/SOCKET SETS/PLIERS/WRENCHES/TOOL BOX/ SCREWDRIVER SET-FACILITIES -1989 SENIOR OUTREACH SERVICES-HUMAN SERVICES -SERVICE-COMMUNITY CENTER LITIGATION/ COMMUNITY CENTER REPAIR PRINTING-PARK BOND REFERENDUM -SWITCH/CLAMP/LAMP ASSEMBLY/VALVE- EQUIPMENT MAINTENANCE ARTWORK-AWARDS BANQUET-COUNCIL -AIR RATCHET/SOCKET/EXTENSION-EQUIPMENT MAINTENANCE EXPENSES-POOL LESSONS 1462.89 31.00 34.75 96.00 57.75 345.70 51.28 67.07 102.31 221.62 33.98 7.74 134.94 2132.98 435.00 260.27 285.75 52.84 116.50 114.07 10.95 59.78 208.72 1200.00 2851.85 2329.50 244.35 25.00 285.25 13.93 APRIL 18,1989 50274 SOUTHWEST AUTO SUPPLY INC -BRAKE PADS/FUSES/SOLDER/FILTERS/BULBS/ -PAINT/EXHAUST SYSTEMS/POWER STEERING HOSE -& FLUID/GASKETS/OIL PUMP/SHOP TOOLS/SEAT -COVERS/FUEL PUMP/DEFLECTOR SHIELD/FRONT -END PARTS/U JOINTS/STARTERS/TEMPERATURE CONTROLS-EQUIPMENT MAINTENANCE/WATER DEPT 50275 SOUTHWEST SUBURBAN PUBLISH INC -RECRUITING POSTERS-FIRE DEPT/ADVERTISING- LIQUOR STORES 50276 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-COMMUNITY CENTER 50277 SOUTHWEST TRAILS ASSN REIMBURSEMENT FOR SNOWMOBILE TRAILS 50278 SPORTS WORLD USA NET/BALL BAGS-TABLE TENNIS 50279 SPRINGSTED BOND PAYMENT 50280 STANDARD MOTORS CHAIN/OIL-PARK MAINTENANCE 50281 STANDARD SPRING CO -AXLE BRACKETS/U BOLTS/NUTS/AXLES/PINS- EQUIPMENT MAINTENANCE 50282 DONNA STANLEY MILEAGE-SENIOR CENTER 50283 STAR TRIBUNE SUBSCRIPTION-CITY HALL 50284 STATE OF MINNESOTA 1988 MN STATUES-CITY HALL 50285 STREICHERS PROFESSIONAL POLICE ED -BATTERIES/BULBS/STROBE TUBES/LAMPS/LIGHT BAR-$638.00/4 BULLET PROOF VESTS-$873.93- POLICE DEPT/EQUIPMENT MAINTENANCE 50286 SUBURBAN CHEVROLET -GRILLE/SEALS/EMBLEM/NUTS/SHAFT FRONT/ -SHAFT/RINGS/SWITCHES/REPAIR GASKET LEAK/ REPLACE CYLINDER HEAD-EQUIPMENT MAINT 50287 SUN ELECTRIC CORP -SOFTWARE FOR ENGINE ANALYZER-EQUIPMENT MAINTENANCE 50288 SUPPLEE ENTERPRISES INC CLEANING SUPPLIES-LIQUOR STORE • 789 SUPRA COLOR TABS INC PRINTS-POLICE DEPT 90 SWEDLUND SEWER & WATER SEWER CONNECTION-ATHERTON WAY J 1291 TC RUG SUBSCRIPTION-PLANNING DEPT 50292 THANE HAWKINS CHEVROLET -2 '89 CHEVROLET CELEBRITY WAGONS-POLICE DEPT 50293 TJ'S OF EDEN PRAIRIE EXPENSES HUMAN RESOURCES 50294 VALERIE TRADER AEROBICS INSTRUCTOR/FEES PAID 50295 TURNOUIST PAPER CO CLEANING SUPPLIES-FACILITIES 50296 TV FANFARE PUBLICATIONS INC ADVERTISING-LIQUOR STORES 50297 TWIN CITY OXYGEN CO -OXYGEN/ACETYLENE/WELDING GLOVES/HAMMER/ SOAP STONE HOLDERS-EQUIPMENT MAINTENANCE 50298 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 50299 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT/ANIMAL CONTROL 50300 USTA SUBSCRIPTION-COMMUNITY CENTER 50301 VESSCO INC -CHEMICAL FEEDER PARTS/CHLORINE LEAK DETECTOR-WATER DEPT 50302 VICOM INC APRIL 89 WIRE MAINTENANCE-COMMUNITY CENTER 50303 VIKING LABORATORIES INC CHEMICALS-POOL-COMMUNITY CENTER 50304 VOSS ELECTRIC CO LIGHT BULBS-FACILITIES 50305 WATSON FORSBERG CO SERVICE-COMMUNITY CENTER REPAIR 50306 WEATHERAMA WEATHER INSTRUMENTS RAIN GAUGE/STANO-POLICE DEPT 50307 DON WENDLING 3 2-WAY RADIOS-POLICE DEPT 50308 SANDRA F WERTS MILEAGE-SENIOR CENTER 50309 WEST WELD -WELDING JACKETS/WELDING ELECTRODES- EQUIPMENT MAINTENANCE 50310 WILSON TANNER GRAPHICS -BROCHURES-HUMAN RESOURCES/BUSINESS CARDS- POLICE DEPT/ENVELOPES-COMMUNITY CENTER ,11 WIZARDLY TELEPRODUCTIONS INC VIDEO-PARK BOND REFERENDUM 1741.82 1517.15 148.76 4639.07 15.75 9126.51 17.97 988.40 25.93 70.20 141.50 2099.03 379.55 101.01 7.58 58.65 600.00 15.00 19862.00 19.04 150.00 1205.58 561.60 121.07 13.40 2437.80 25.00 415.32 7.00 27.00 749.53 11996.00 97.50 1325.00 55.10 347.70 515.00 125.00 6174952 APRIL 18,1989 50312 ZACK'S INC 50313 ZEE MEDICAL SERVICE .,o314 KAY ZUCCARO 45696 VOID OUT CHECK 49773 VOID OUT CHECK 49830 VOID OUT CHECK 49944 VOID OUT CHECK 49953 VOID OUT CHECK 50012 VOID OUT CHECK -312834 CLEANING SUPPLIES/BUNGE CORDS-PARK 'MINT -FIRST AID SUPPLIES-CITY HALL/EQUIPMENT MAINTENANCE AQUA AEROBICS INSTRUCTOR/FEES PAID 68.00 78.40 165.00 24.00- 75.00- 3051.89- 5.30- 248.55- 35.00- $2394097.07 'T,)1 DISTRIBUTION BY FUNDS 282296.83 44444.21 330.50 49276.19 29628.72 360.67 24739.97 1800.00 16777.50 239.25 270926.25 316207.20 4225.36 6742E11.00 641098.88 23365.27 5620.51 8044.99 433.81 10 GENERAL 11 CERTIFICATE OF INDEBT 12 CERTIFICATE DEBT FD 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 25 TRANSIT SYSTEM 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 39 86 FIRE STATION CONST 40 86 FIRE STATION DEBT 45 UTILITY DEBT FD ARB 47 80 G 0 DEBT FUND 51 IMPROVEMENT CONST FD 55 IMPROVEMENT DEBT FUND ARB 56 ROAD IMPROVEMENT DEBT FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 91 T I F DEBT FUND $2394097.07 n A 0 \SZS J EDEN PRAIRIE LIONS PO. BOX 443-005 EDEN PRAIRIE, MINNESOTA 55344 April 10, 1989 Eden Prairie City Council c/o Mr. Carl J. Jullie City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Eden Prairie Lion's Club Charitable Gambling License Applic a t i o n Dear Council Members: The Eden Prairie Lion's Club has b e e n i n f o r m e d t h a t t h e C i t y C o u n c i l a t its April 4, 1989, meeting adopted a r e s o l u t i o n p u r s u a n t t o w h i c h a c i t i z e n s ' committee will be appointed to stu d y t h e i m p a c t o f c h a r i t a b l e g a m b l i n g i n t h e City of Eden Prairie. It is our u n d e r s t a n d i n g t h a t s u c h c o m m i t t e e w i l l b e appointed at the Council's April 18 t h m e e t i n g . In light of this action, we feel it i s i n e v e r y o n e ' s b e s t i n t e r e s t t h a t the Club withdraw its pending cha r i t a b l e g a m b l i n g a p p l i c a t i o n f r o m C o u n c i l consideration pending the Council' s r e c e i p t o f t h e r e p o r t f r o m t h e c i t i z e n s ' committee. At the same time, the C l u b w i s h e s t o r e i t e r a t e i t s b e l i e f t h a t the grant of a charitable gambling lic e n s e to the Club would be of great benefit to the City of Eden Prairie and p a r t i c u l a r l y t o i t s n e e d y . W e s t a n d b y everything that has been stated in o u r c o r r e s p o n d e n c e a n d p r e s e n t a t i o n t o t h e Council. Finally, we respectfully requc s t t h a t o n e o f o u r C l u b ' s g a m b l i n g committee members be appointed to t h e c i t i z e n s c o m m i t t e e t o b e n a m e d b y t h e Council. We firmly believe that th e n u m e r o u s h o u r s o f r e s e a r c h d o n e b y o u r group would be of great assistance t o t h e c i t i z e n s ' c o m m i t t e e . In closing, we want to again thank t h e C o u n c i l f o r i t s c o n s i d e r a t i o n o f this important issue. We are hope f u l t h a t t h e c i t i z e n s ' c o m m i t t e e c o n c l u d e s , as have we, that charitable gambli n g i s a r e s o u r c e t h a t m a y b e t a p p e d f o r t h e good of Eden Prairie without detrim e n t t o o u r c i t y . Very truly yours, EDEN PRAIRIE LION'S CLUB, INC. Janis D. Atkinson III mblfpg Committee Member EDEN PRAIRIE LIONS P.O. BOX 443-005 EDEN PRAIRIE, MINNESOTA 55344 March 31, 1989 Eden Prairie City Council c/o Mr. Carl J. Jullie City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Eden Prairie Lion's Club Charitable Gambling License Application Dear Council Members: On behalf of the entire membership of the Eden Prairie Lion's Club (the "Club"), I first want to thank the City Council for the thorough consideration given the Club's application for a Gambling License Application. We are pleased that the Council feels as do we that the issue deserves serious review in light of the great potential for good which it involves. The comments made by the Council members were very similar to those expressed by several of the Club's members at the February 20, 1989 Lions meeting. At that time, each interested member was given an opportunity to ask questions and to give his opinion pro or con regarding the charitable gambling proposal. Several of our members expressed moral reservations similar to those expressed by Councilman Tenpas and Mayor Peterson at your March 21st meeting. However, after a complete discussion of those issues and other related matters, the members present voted to adopt a resolution authorizinc, the Club's pull-tab operation by a 58% majority. This process is an example of the principle which the Club asks you as Council members to apply -- that is, in a democratic society when a group must make a decision, each member is first given a fair opportunity to express his or her opinion and then a majority vote determines the course of action fo r the group. The Club understands that, like certain council members and Clu b members, a segment of the Eden Prairie citizenry is morally opposed t o charitable gambling. However, we are confident that a majority of tha t citizenry is not opposed to charitable gambling and, in fact, that a larg e segment would welcome it for a variety of reasons. We feel it is more than a coincidence that the 58% vote we received from Club members is very close to Eden Prairie City Council March 31, 1989 Page 2 the 61% majority of the Eden Prairie citizens which we are told vote d i n f a v o r of a constitutional amendment to permit lottery gambling. Further , w h i l e i t is possible that you have received numerous telephone calls e x p r e s s i n g negative feelings about our application, we ask you to compare t h a t n u m b e r o f calls to the thousands of voting age residents of Eden Prairie w h o h a v e already expressed their opinions regarding gambling. We understan d t h a t y o u as Council members are facing the age old dilemma faced b y e v e r y democratically elected official, that is, do you vote your con s c i e n c e o r d o you vote as you feel those who elected you would vote. We hope t h a t t h o s e o f you who have moral reservations regarding charitable gambling wil l c h o o s e t h e latter alternative and vote in favor of the Club's applicat i o n . W e a r e confident a majority of those who elected you would have done s o a n d w o u l d want you to do so on their behalf. Further, we respectfully suggest that promoting gambling to raise f u n d s for charities would not be detrimental to Eden Prairie. Gambling p e r v a d e s o u r society. It has served as recreation for mankind throughout the a g e s a n d i n all cultures. Most people have on occasion gambled for fun. W h o h a s n ' t played a game of "nickle-dime" poker, bought a raffle ticket, play e d a g a m e o r two of charitable bingo, bet a dollar on the Super Bowl, visited C a n t e r b u r y Downs or dropped some change into a slot machine. We do not propo s e t o f o r c e anyone to gamble. Charitable gambling activities in Minnesota a r e s t r i c t l y regulated by the Charitable Gambling Board. No minors will be a l l o w e d t o purchase pull-tabs. Only those consenting adults who wish to ha v e a l i t t l e thrill associated with a game of chance will spend money at our b o o t h . A n d frankly, the opportunity to experience the "thrill of victory" i s a r e a l i t y with pull-tabs. We anticipate the games we will sell will h a v e a n 8 0 % payback. That is lot better chance than an individual can experie n c e a t m o s t any other gambling enterprise. In addition, the Club is not alone in its idea of raising funds thr o u g h charitable gambling. Our research indicates that the following c h a r i t i e s raise a significant amount of their funds through charitable gambli n g : Multiple Sclerosis Minnesota Systic Fibrosis Catholic Charities National Heart Association These charities have realized the resource charitable gambling r e p r e s e n t s a n d have tapped that resource to help untold individuals. • Thus, charitable gambling activities already exist to a signi f i c a n t degree in the State of Minnesota. No one has shown that such ac t i v i t i e s have had any significant effect on the moral character of our s t a t e o r o u r community. Rather, most people would point to the good wh i c h h a s b e e n accomplished as a result thereof. Eden Prairie City Council March 31, 1989 Page 3 The very existence of all these other charities points to another fact which we all must face -- there are limited dollars available for charitable giving. Many of those who used to give no longer are doing so. As you are aware, recent tax law changes have reduced the tax benefits available to donors. While this should not make a difference, it does and charities have suffered. While the funds have decreased, the need has increased. We are all forced to find new sources of funds to help those who cannot help themselves and the Club views charitable gambling as a new source which has exceptional potential. The Club feels that unlike many other fund raisers we are in a unique position to spread those funds among those in Eden Prairie who would not otherwise receive help and we have a history of doing so. This brings us to a proposition expressed by the Council members at the February 21st meeting -- if the Council consents to the Club's application, it must consent to all subsequent applications from whatever sources. We must respectfully disagree. At each council meeting, each of you is asked to make decisions as to quality, qualification and appropriateness on numerous issues. That is part of your responsibilities as an elected representative. While you must act within the parameters of statutes and ordinances, there is often a great deal of leeway within which you may exercise your reasonable discretion. And it is possible to differentiate between entities applying for a charitable gambling license. For instance, the Eden Prairie Hockey Boosters recently applied for a license. The Council chose to affirmatively deny such license application. We feel that application differs from the Club's application in two major ways: 1. The Boosters are closely tied with minors who while not directly involved in the fund raising are still exposed to what many citizens would consider improper conduct for minors. No minors will be associated with the Lions' operation. 2. The Boosters would have used the funds for one beneficiary, namely themselves. As pointed out previously to the Council, the Club is well known for spreading its donations throughout the wide range of worthy causes in Eden Prairie seeking to benefit the many rather than a few select groups. We feel it is clear that the Council would not be forced to approve the application of some fanatical cult merely because it had previously approved the Club's or some other worthy organization's application. In each case, we suggest the Council could consider several factors including: Eden Prairie City Council March 31, 1989 Page 4 1. The history of the group applying. a) The duration of its existence. b) Its history of charitable giving. 2. The proposed recipients of the funds. 3. The experience of the individuals who would be operating the charitable gambling. 4. The location of the operation. 5. The number of applications previously approved. Further, the Council could adopt reasonable, nondiscriminatory rules an d regulations that would allow it to make such differentiations on a u n i f o r m basis. The Club feels that it would fit within and, in fact, exceed an y r u l e s and regulations you would adopt and would be a most worthy recipient o f t h e first approval granted by this Council. Therefore, in closing, we respectfully ask the Council to waive at it s April 4th meeting the remaining thirty-five days within which the C o u n c i l could disapprove our application. In the alternative, we ask that the C o u n c i l take no action on our application prior to the expiration of such per i o d . B y so doing, the Council would be permitting the license to be approved b y t h e Charitable Gambling Board without the Council's affirmative approval th e r e o f . Thank you again for your consideration. Please give us the opportunity to expand the good works we have provided to Eden Prairie's citizens sin c e t h e Club's inception in 1966. Very truly yours, EDEN PRAIRIE LION'S CLUB, INC. ..Imes D. Atkinson III Ganbling Comnittee Member /A') -MEMORANDUM- Mayor and City Council Gene Dietz April 13, 1989 Bids for the Self-Propelled Sweeper Since the Council meeting at which the City Council rejecte d t h e b i d s f o r a s t r e e t sweeper, I have redrafted the specifications and we have re c e i v e d b i d s o n c e a g a i n . The Mobil, Athey H-10 came in at the same price as the o r i g i n a l b i d . T h e E l g i n supplier increased their bid by approximately $3,000.00, b u t d o e s n o t m e e t t h e specifications that we prepared for the second bid let t i n g . D u r i n g t h i s t i m e period, the attorney for the agency that sells the Elgin m a c h i n e h a s c o n t a c t e d Roger Pauly and has submitted a letter protesting the revise d s p e c i f i c a t i o n s a n d i n essence is threatening litigation if we award the contract t o p u r c h a s e t h e M o b i l machine. While I still feel that the Mobil machine has some supe r i o r q u a l i t i e s t o i t s counterpart from Elgin, we have had occasion to talk to o t h e r c o m m u n i t i e s t h a t have had the opportunity to demonstrate the machines in th e i r c o m m u n i t y a n d h a v e discovered that neither hydraulic machine is very effectiv e i n h i l l y t e r r a i n . I n fact, on steep hills, the hydraulic system needs to work s o h a r d t o p r o p e l t h e machine that the brooms can actually stop. We do not have w h a t c o u l d b e t e r m e d a rugged topography, but we certainly have a number of hills t h a t w o u l d p o t e n t i a l l y cause us the same kinds of difficulty. Additionally, we have had at least one very negative r e p o r t r e g a r d i n g p a r t s availability and service performance from the supplier of th e M o b i l m a c h i n e . W h i l e this may be an isolated problem, it does leave us hesitant t o l i t i g a t e o v e r t h e right to find out first hand. The delivery dates for either machine put us beyond our S p r i n g s w e e p i n g o p e r a t i o n which is scheduled to start on April 17. Therefore, our o b j e c t i v e o f o b t a i n i n g a new machine for the 1989 season has been lost at this point i n t i m e . Finally, we have been hearing some good reports about a proce d u r e w h e r e b y t h e E l g i n factory completely refurbishes an older machine -- complete l y n e w d r i v e t r a i n a n d total replacement of all parts worn below 70% of li f e - - a t a s u b s t a n t i a l reduction in price. As a result of these factors, I am recommending that we r e j e c t a l l b i d s f o r t h e second time and plan to start a procedure that would allow u s t o p u r c h a s e a m a c h i n e (either new or used) during Fall 1989. This entire process c o u l d b e l o o k e d a t i n a negative light, but when we do purchase a sweeper, I beli e v e t h a t w e w i l l h a v e a selection that is best for the City of Eden Prairie. TO: FROM: DATE: RE: EAD:ssa