HomeMy WebLinkAboutCity Council - 05/02/1989TUESDAY, MAY 2, 1989
COUNCILMEMBERS:
CITY COUNCIL STAFF:
AGENDA
EDEN PRAIRIE CITY COUNCIL
7:30 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
Mayor Wry 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
COMMENDATIONS FOR THE EDEN PRAIRIE HIGH SCHOOL GYMNASTICS TEAM AND THE EDEN PRAIRIE HIGH SCHOOL BASKETBALL TEAM
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Regular City Council Meeting held Tuesday, February 21, 1989
B. Regular City Council Meeting held Tuesday, April, 18, 1989
III. CONSENT CALENDAR
A. Clerk's License List
B. Resolution Authorizing an Amendment to the Contract for an E.I.S. and Design Study Report for T.H. 212 7Resolution No. 89-79)
C. Receive Petition and Order Feasibility Report for Street & Utilities for Summit/Meadowvale/Red Oak Drive I.C. 52-16
(Resolution No. 89-80)
D. Receive Feasibility Study for CSAH 1 & 18 - Vicinity Drainage Improvements and Set Public Hearing, I.C. 52-123 (Resolution No. 89-74)
E. KINGSTON RIDGE (aka Starview Terrace) by Patrick Bauer.
2nd Reading of Ordinance No. 60-88, Rezoning from Rural to
R1-13.5 on 15.72 acres; Approval of Developer's Agreement
for Kingston Ridge; and Adoption of Resolution No. 89-87,
Authorizing Summary of Ordinance No. 60-88 and Ordering
Publication of Said Summary. Location: East of East Staring
Lane, west of Mitchell Road, north of County Road No. 1.
15.72 acres into 26 single family lots. (Ordinance No. 60-88 -
Rezoning; Resolution No. 89-87 - Authorizing Summary and
Publication)
Page 830
Page 832
Page 853
Page 870
Page 871
Page 882
Page 885
Page 886
City Council Agenda -2- Tues.,May -2, 1989
F. Final Plat Approval for Kingston Ridge (formerly Starview Terrace)
lioTiTed N.W. of Mitchell Road and West of Staring Lake
TkiFititition No.
G. Change Order No. 3 Phase II Community Center
H. BOULDER POINTE (aka Red Rock Ranch) by Mason Homes. 2nd Reading
of Ordinance No. 4-89-PUD-2-89, Planned Unit Development District
Review Amendment within the R1-13.5 Zoning District; Approval of
Supplement to Developer's Agreement to Overall Red Rock Ranch; and
Adoption of Resolution No. 89-71, Authorizing Summary of Ordinance
No. 4-89-PUD-2-89, and Ordering Publication of Said Summary. 60
acres within the R1-13.5 Zoning District with waivers from front
and side yard setback Code requirements. Location: West of
Mitchell Road, east of Red Rock Lake. (Ordinance No. 4-89-PUD-2-
89; Resolution No. 89-71, Authorizing Summary and Publication)
I. Resolution No. 89-88, Authorizing the Issuance of $465,000 of
Refunding Bonds for Kinder-Care Learning Centers, Inc.
J. Resolution No. 89-89, Authorizing the Issuance of $3,480,000 in
Refunding Bonds and $400,500 in Refunding Capital Appreciation
Bonds (zero coupon bonds $1,500,000 face for Castle Ridge Care
TeRTr
K. Rental Policy for Outdoor Center
L. 4th of July Vendors
M. Park Use Ordinance Revisions
N. Request Authority to Receive Bids for Tennis Court Construction
at Franlo and Wyndham Knoll Parks
IV. PUBLIC HEARINGS
A. CEDAR RIDGE STORM SEWER IMPROVEMENTS, I.C. 52-152 (Resolution
No. 89-81)
B. EDEN SQUARE SHOPPING CENTER by The Robert Larsen Partners. A
request for Planned Unit Development Concept Amendment Review and
Planned Unit Development District Review on 9.59 acres within the
C-Reg-Ser zoning district with waivers, preliminary plat of 11.72
acres into 3 lots for construction of a 60,794 square foot
commercial devlopment. Location: Northeast corner of Highway #169
and Prairie Center Drive. (Resolution No. 89-83 - PUD Concept
Amendment to Overall Eden Square PUD; Ordinance No. 5-89-PUD-3-89 -
Planned Unit Development District and Zoning District Amendment
within C-Reg-Ser District; Resolution No. #89-84 - Preliminary
Plat)
V. PAYMENT OF CLAIMS
VI. ORDINANCES & RESOLUTIONS
A. Ordinance relating to the Environmentally Acceptable Packaging
Page 893
Page 896
Page 904
Page 911
Page 915
Page 922
Page 929
Page 934
Page 936
Page 937
Page 938
Page 945
Page 953
City Council Agenda - 3 - Tues.,May 2, 1989
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request by Neighborhood Residents regarding Rezoning for Proposed
Lake Heights Third Addition (continued from March 2, 11.19)
B. Request from Timber Lake Homeowners Association to Raise Control Level of Mitchell Lake
C. RED ROCK VIEW ADDITION by Mark Olsen. Request for Preliminary
Plat of 5.7 acres into 9 single family lots and road right-of-way.
Location: West of Meadowvale Drive, east of Blue Sky First
Addition. (Resolution No. 89-85 - Preliminary Plat)
D. STRAWBERRY HILL by Dennis J. Wittenberg. Request for Preliminary Page 1000 Flit of 3.2 acres into 5 single family lots and road right-of-way,
with varainces to be reviewed by the Board of Appeals. Location:
East of County Road No. 4, north of Blue Sky First Addition.
(Resolution No. 89-86 - Preliminary Plat)
VIII. REPORTS OF ADVISORY COMMISSIONS
A. Report from Waste Management Commission on Recycling
IX. APPOINTMENTS
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
1. City Manager Performance Review Results/Salary Adjustment
C. Report of City Attorney
D. Report of Director of Planning
E. Director of Parks, Recreation & Natural Resources
1. High School Request for Community Center Use Page 1010
F. Report of Director of Public Works
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
Page 976
Page 980
Page 981
Page 1003
A COMMENDATION
from the
CITY COUNCIL
of the
CITY OF EDEN PRAIRIE
WHEREAS, the Eden Prairie community encourages and supports its
children in organized, competitive activities; and
WHEREAS, the skills and values attained by participation in these
activities help students to become responsible residents of Eden Prairie
and of the nation; and
WHEREAS, the City Council wishes to recognize excellence in
achievements made by Eden Prairie students;
NOW, THEREFORE, the City Council of the City of Eden Prairie hereby
commends the
EDEN PRAIRIE HIGH SCHOOL BOYS BASKETBALL TEAM
for winning the 1989 Minnesota State Section 2AA Basketball Championship
and for making its first of many trips to the Minnesota State High Shool
Basketball Tournament.
The Council congratulates the Team for its fine achievement and
applauds the positive recognition that team members have brought to Eden
Prairie.
Presented May 2, 1989.
Gary D. Peterson, Mayor
on behalf of the City Council
Richard Anderson
SEAL:
Jean Harris
Patricia Pidcock
Douglas Tenpas
A COMMENDATION
from the
CITY COUNCIL
of the
CITY OF EDEN PRAIRIE
WHEREAS, the Eden Prairie community encourages and supports its
children in organized, competitive activities; and
WHEREAS, the skills and values attained by participation in these
activities help students to become responsible residents of Eden Prairie
and of the nation; and
WHEREAS, the City Council wishes to recognize excellence in
achievements made by Eden Prairie students;
NOW, THEREFORE, the City Council of the City of Eden Prairie hereby
commends the
EDEN PRAIRIE HIGH SCHOOL GIRLS GYMNASTICS TEAM
for its Second-Place finish in the 1989 Minnesota Class AA State
Tournament.
The Council congratulates the Team for its fine achievement and
applauds the positive recognition that team members have brought to Eden
Prairie.
Presented May 2, 1989.
Gary D. Peterson, Mayor
on behalf of the City Council
Richard Anderson
SEAL: Jean Harris
Patricia Pidcock
Douglas Tenpas
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 21, 1989
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
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, 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:
Anderson moved, seconded by Pidcock to approve the Agenda.
ADDITIONS:
Add Item X.A.1, Kids Kingdom. Add Item X.A.2, Update on Metro
Ride Challenge. Add Item X.A.3, Midwest Federal solvency
effect on City's bonds. Add Item X.A.4, Communication.
DELETE:
Remove Items E and M from the Consent Calendar.
MOVE:
Move Item K from the Consent Calendar to Item VII.C.
Motion carried unanimously.
II. MINUTES
A. Special City Council meetiu. held Tuesdp„ /anuary 31, 1 98.9
7?iA
ity Council Minutes 2 February 21, 1989
MOTION:
Harris moved, seconded by Pidcock to approve the minutes
of the Special City Council meeting held Tuesday, January
31, 1989 as published. Motion carried unanimously.
III. CONSENT CALENDAR
A. Clerk's License List
B. 2nd Readinsof Ordinance No. 2-81, amending Section 2.11,
Sudb. 1 of the City Code to reduce the number of members
from nine to seven on the Board of A_ppeals and Ad.i2istments
C. 2nd Reading_of Ordinance No. 1-81,_Site_Pia_n_and
Architectural Design Review - Amendment to City Zoning
Code, Chapter 11
D. Fire Department - Alternate to Refurbishment of Enqine
3
E. ELIM SHORES by Brauer & Associates. 2nd Reading of
Ordinance No. 56-88, Zoning District Amendment within the
RM-2.5 Zoning District on 8.36 acres with variances
approved by the Board of Appeals; Approval of Developer's
Agreement for Elim Shores; and Adoption of Resolution No.
89-36, Authorizing Summary of Ordinance No. 56-88 and
Ordering Publication of Said Summary. 8.36 acres into 3
lots for construction of a 61-unit senior housing
development. Location: West of County Road No. 4, east
of Mitchell Lake. (Ordinance No. 56-88 - Zoning District
Amendment; Resolution No. 89-36 - Authorizing Summary and
Publication) (REMOVED FROM THE AGENDA)
F. ELIM SHORES - Final Approval of Housing Revenue Bonds for
Elim Shores in the amount of $4,100,000 (Resolution No.
89-41)
S. ZACHMAN BROTHERS 1ST ADDITION by Zachman Development
Corporation. 2nd Reading of Ordinance No. 58-88, Zoning
District Change from Rural and RM-6.5 to R1-9.5 on 5 acres
with variances approved by the Board of Appeals; Approval
of Developer's Agreement for Zachman Brothers 1st
Addition; and Adoption of Resolution No. 89-37,
Authorizing Summary of Ordinance No. 58-88 and Ordering
Publication of Said Summary. 5 acres into 16 single
family lots, and road right-of-way. Location: The
southwest corner of Frani° Road and Preserve Boulevard.
(Ordinance No. 58-88 - Rezoning; Resolution No. 89-37 -
Authorizing Summary and Publication)
H. Final Plat Approval of Zachman Brothers First Addition
.(located west of Preserve Boulevard and south of Franlo
Road) Resolution No. 89-31
ity Council Minutes 3 February 21, 1989
I. Approve Temporary Construction Easement to MnDOT for T.H.
169 Improvements over Tracts A & B, Registered Land Survey
No. 423 (MnDOT Parcel 879)
J. Approve City participation in T.H. 169 Imp_r_ovements
between Prairie Center Drive and CSAH 1 (Resolution No.
89-35)
K. Approye_Coug.rative Constriction Agreement No. 65466 with
MnDOT for City participation in cost to improve T.H. 5 in
the vicinity_of CSAH 4 (Resolution No. 89-39) (MOVED TO
L. DNR SHORELAND REVIEW - The DNR has new shoreland
regulation that will affect land development in Eden
Prairie
M. Final Plat AppLoval for North Bay of Timber Lakes 3rd
Addition (Resolution No. 89-43) (REMOVED FROM THE AGENDA)
N. Resolution No. 89-42 Changing the Term of Assessments for
Leyy No._11337 trom 5 to 15_Years.
MOTION:
Pidcock moved, seconded by Harris to approve the Consent
Calendar with the deletion of Items E, K, and M.
ITEM D
Harris asked when the fire engine would be delivered.
Fire Chief Johnson replied that the first engine would be
delivered in 1990 and the second engine in 1991.
ITEM F
Pauly reported there was a modified version of Resolution
No. 89-41. Pauly noted the change was the reference from
assessed value or assessed evaluation to become gross tax
capacity. Pauly stated the Resolution was contingent on
the changes being made in the Tax Increment Financial Plan
previously approved to reflect the new terminology. He
added the Resolution was also contingent on the signing of
the Developers Agreement in relation to the project and a
special Developers Agreement related to the financial
aspects. Pauly noted that Item F could be approved
without the approval of Item E.
ITEM L
Peterson asked if it would be appropriate to refer this
item to the appropriate Chamber of Commerce Committee
and/or the Developer's Forum for comment and review before
final approval by the City Council.
`Mq
ity Council Minutes 4 February 21, 1989
Anderson asked Peterson why the City was going through the
Chamber of Commerce regarding City business. Anderson
believed this matter did not belong at the Chamber of
Commerce for approval. Peterson replied he was not
suggesting the lieed for the Chamber of Commerce approval.
Peterson said that the City had entered into the
Developers Forum to improve communications. Peterson
believed the Chamber of Commerce would be interested in
the proposed changes.
Anderson asked if there would be a Public Hearing for
discussion of the Review. Peterson replied there would
not be a Public Hearing and added that by approving the
Item on the Consent Calendar the Review policy would be
adopted.
Harris commented that her understanding was that the City
had 2 years to adopt the Review policy. Enger replied
that Staff was attempting to respond to the DNR's
potential adoption of regulations in a timely fashion;
however, the time frame was not long enough. Enger added
the legislation was beyond the time for the City to offer
comments which would have any effect on the legislature.
Enger stated the DNR had already adopted its policy.
Enger bclieved it was important for Eden Prairie to make
its position know to the DNR as soon as possible. Enger
said the City would be expected to adopt the DNR's
criteria within two years.
Pidcock suggested sending the Chamber of Commerce a copy
of the Review as a courtesy.
Motion carried unanimously to approve the Consent
Calendar.
IV. PUBLIC HEARINGS
A. BEPNETT_PLAcE_ADDITION by Sam Thorpe and Frank Cardarelle.
Request for Zoning District Change from R1-22 to R1-13.5
on 1.48 acres, and Preliminary Plat of 1.48 acres into 4
single family lots. Location: East of Bennett Place,
north of Blossom Road. (Ordinance No. 8-89 - Rezoning;
Resolution No. 89-38 - Preliminary Plat)
Jullie reported that notice of this Public Hearing was
sent to 41 property owners and was published in the
February 8, 1989 issue of the Eden Prairie News.
Frank Cardarelle, representing the proponent, presented
the plan for a 4-1A subdivision located at Bennett Place
and Blossom Road. Cardarelle stated the project was
straightforward and added that utilities and streets were
already available.
ity Council Minutes 5 February 21, 1989
Enger reported that this item was reviewed by t
h
e
P
l
a
n
n
i
n
g
Commission at its January 23, 1989 meeting and
r
e
c
o
m
m
e
n
d
e
d
approval on a 5-0-0 vote per the recommendation
o
f
t
h
e
Staff Report dated January 20, 1989. Enger note
d
t
h
e
p
l
a
n
was not reviewed by the Park, Recreation and Nat
u
r
a
l
Resources Commission.
No comments from the audience.
MOTION:
Harris moved, seconded by Pidcock to close the P
u
b
l
i
c
Hearing and approve 1st Reading of Ordinance No.
8
-
8
9
f
o
r
Rezoning. Motion carried unanimously.
MOTION:
Harris moved, seconded by Pidcock to adopt Reso
l
u
t
i
o
n
N
o
.
89-38 for Preliminary Plat Approval and to dir
e
c
t
S
t
a
f
f
t
o
prepare a Development Agreement according to C
o
m
m
i
s
s
i
o
n
and Staff recommendations. Motion carried unan
i
m
o
u
s
l
y
.
B. VACATION 89,701 - Vacation of Temporary Turn-aro
u
n
d
O
v
e
r
Parts of Lot 10, Block 1 and Lot 9, Block 2, Pu
r
g
a
t
o
r
y
Ridge (Resolution No. 89-32)
Jullie reported that notice of this Public Hear
i
n
g
w
a
s
published in the February 8, 1989 issue of the
E
d
e
n
Prairie News.
No comments from the audience.
MOTION:
Pidcock moved, seconded by Anderson to close th
e
P
u
b
l
i
c
Hearing and adopt Resolution No. 89-32 Vacating
t
h
e
Temporary Turn-around Easement in the Purgatory
R
i
d
g
e
Subdivision. Motion carried unanimously.
C. VACATION 89-02 - Vacation of Drainage and Utili
t
y
Easements in LaVonne Industrial Park (Resolution
N
o
.
8
9
-
33)
Jullie reported that notice of this Public Hea
r
i
n
g
w
a
s
published in the February 8, 1989 issue of the
E
d
e
n
Prairie News.
No comments from the audience.
MOTION:
Pidcock moved, seconded by Harris to close the
P
u
b
l
i
c
Hearing and adopt Resolution No. 89-33 approvin
g
t
h
e
e--• / l o(a
ity Council Minutes 6 February 21, 1989
vacation of Drainage and Utility Easements in LaVonne
Industrial Park. Motion carried unanimously.
D. PRAIRJE VILL4GE_APARTMENTS - Approval of an Amended Tax
Increment Financing Plan and Amended Interest Rate
Reduction Program (Resolution 89-40)
Jullie reported that the document for Prairie Village
Apartments were not ready and recommended this item be
continued to the March 7, 1989 City Council Meeting.
No comments from the audience.
MOTION:
Pidcock moved, seconded by Anderson to continue this
Public Hearing to the March 7, 1989 meeting of the City
Council. Motion carried unanimously.
V. PAYMENT OF CLAIMS
MOTION:
Pidcock moved, seconded by Harris to approve Payment of Claims
No. 48824 through No. 49156.
Harris asked Lambert if hand weights were provided by the City
for the physical fitness classes at the Community Center.
Lambert replied yes.
Peterson asked Dietz why a sound level survey would be
necessary at the water department. Dietz replied he would
check into this item, but believed it would be to determine
the depth of the water in the wells.
Harris asked Jullie what type of investigation the City was
paying First Western Bank to do. Jullie replied the
investigation of liquor license applicants.
Peterson asked Jullie what the Walden Book Store claim was
for. Jullie replied he would check into this item.
ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas and
Peterson all voting "AYE".
VT. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. Surface Management
Ordinance for Mitchell and Red Rock Lakes
Jullie reported that Staff recommended approval of the 1st
Reading of Ordinance No. 6-89 based on the Staff Memo of
February 10, 1989. Jullie noted that the regulations for
B/1
'ity Council Minutes 7 February 21, 1989
Mitchell Lake and Red Rock Lake had been approved by the
DNR.
Anderson asked if this was considered the Public Hearing
for this Ordinance. Lambert replied no. Pauly added that
a Public Hearing was not required; this was not an
amendment to the zoning code. Lambert added that no
changes had been made to the Ordinance since originally
talking with the residents.
Peterson asked Lambert if variances would be given by
permit on an individual basis. Lambert replied that anyone
wishing a permit or variance would be required to come
before the Council. Lambert discouraged the issuance of
any variances.
Anderson commented that on a lake of this size a 10-
horsepower motor would be adequate for a pontoon.
Anderson asked if similar requests for permits pertained
to Red Rock Lake. Lambert replied that the Park &
Recreation Department had not received inquires for
permits on Red Rock Lake.
Pidcock had interpreted the Ordinance to read that permits
would be issued. Lambert replied that residents would be
required to come before the City Council and provide a
good rationale for the request.
MOTION:
Pidcock moved, seconded by Anderson to approve 1st Reading
of Ordinance No. 6-89. Motion carried unanimously.
B. Qrdina.nce_po,_7-89 - Renaming Research Road and a Segment
of Mitchell Road
Harris stated that Lake Caroline did not seem an
appropriate name.
MOTION:
Harris moved, seconded by Anderson to amend Ordinance No.
7-89 to read Staring Lake Parkway.
Peterson asked if this would be actually considered a
parkway. Anderson said the road was as much like a
parkway as Minnehaha Parkway; the road followed the lake.
Dietz informed the Council that Staff had had discussions
with the developer of Boulder Point requesting a name
change. The City already has a street using the root of
Boulder and; therefore, had informed the developer that
the name proposed would not be in compliance with the
City's policy. Dietz noted that the name of Staring Lake
737,
ity Council Minutes 8 February 21, 1989
Parkway would not be in compliance with the City's policy
for the same reason. He added the City already had a
street with the root of Staring.
LeLand Kotke, 9190 Mitchell Road, concurred with the name
Staring Lake Parkway. He believed the reference to a
parkway added to the beauty of the area.
Motion carried unanimously.
MOTION:
Harris moved, seconded by Anderson to approve Ordinance
No. 7-89 as amended. Motion carried unanimously.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Southwest Area Stud/ - Approve Final Draft
Jullie reported that the process had been completed for
the Southwest Area Study and added that the Planning
Commission had endorsed the Study. Jullie stated that
Staff was recommending the adoption of Southwest Area
Study.
Lee Johnson, owner of property in the area, stated that he
had written a letter o the City Council addressing his
concerns. Johnson believed that the road improvements,
utility improvements, and development could be done at the
same time. Johnson stated that he would be responsible to
install the service road as part of his development, which
would require grading on the northern portion of his
property. Johnson added that the utility and grading work
would be minimal, compared with the disturbance of the
Highway #5 construction. Johnson believed that occupancy
was the critical factor, not the construction or
development of housing units.
Peterson asked if the report precluded development. Enger
replied that the study indicated that no subdivision
construction was to begin before a safe access at Dell
Road to Highway #5 was provided; this was written prior to
the full evaluation of the alignment of Highway #5 and a
service road which would be installed by the developer.
Enger noted that Staff concurred that US Homes and Tandem
would need to start grading while Highway #5 was under
construction. Enger stated that Staff would not agree to
allow all of the development proposed by the developers
for these areas prior to a safe access being provided at
Dell Road. Enger added that Staff was concerned about
limiting the occupancy permits due to the implication that
the property had been platted and sold. Enger believed
that the control the City had over the development was the
platting of lots.
ity Council Minutes 9 February 21, 1989
Peterson understood that the Southwest Area Study was to
be used as a guideline only. Johnson stated that he did
not want to see the Southwest Area Study as a set policy.
Jullie stated that Johnson's letter would become part of
the record.
Dick Feerick, representing B D & D Partnership, stated
that it planned to start some grading in 1989 and actual
construction of homes in 1990. He added that it was B D
D Partnership's desire to plat the property in 1989.
Feerick stated that adequate safety controls would be
provided. Enger stated that Staff had indicated to
Feerick that in order to facilitate his requests a MUSA
Line change would be required. Enger said that with the
letting of bids for Highway #5 not occurring until late
1989, and the recommendation that development not occur
until the safe access at Dell Road was provided,
construction of Feerick's property would not be possible
In 1989. Enger noted that both the MUSA Line change and
the starting of construction before and/or during the
construction of Highway #5 would be in direct conflict
with the recommendations outlined in the Southwest Area
Study.
Dietz stated that the bid opening for the upgrading of
Highway #5 had been changed several times. Dietz
empathized with the developers wanting to start grading,
but added that once the grading had started it would mean
the developers had invested monies and would then be
pushing to move the projects further along. Dietz said
that some grading could be done at the same time as the
upgrading of Highway #5; however, a safe access to Dell
Road would be necessary for construction traffic. Dietz
wanted to be able to assure timing schedules that the
contractors could meet to provide access to the sites for
the developers.
Feerick stated that he wished to bring the issues to the
Council's attention. Feerick stated that the clock
started when a developer purchased the property. He added
that the developers wanted to be part of the City's
process.
Pidcock asked Feerick if he was opposed to the adoption of
the Southwest Area Study. Feerick replied that the
developers wanted time frames established.
Peterson complimented the consultant team for the
excellent job in preparing the study.
(
zy
ity Council Minutes 10 February 21, 1989
MOTION:
Anderson moved, seconded by Harris to adopt the Southwest
Area Study and endorse the findings, conclusions, and
recommendations.
Pidcock asked if a clause should be included to indicate
the awareness that modifications may be necessary.
Motion carried unanimously.
B. Order Feasibility Report for Dell Road between T.H. 5 and
CSAH 1 and Scenic Heights Road between CSAH 4 and Riley
Lake Road, I.C. 52-160 (Resolution No. 89-34)
Dietz reported that this resolution would order a
feasibility study for Dell Road and Scenic Heights Road.
Dietz recommended the firm of Strgar-Roscoe-Fausch, Inc.
to prepare the feasibility study for the City.
Tenpas suggested that when companies were being
recommended, which the City had not dealt with in the
past, company brochures should, be included in the
Council's information package if possible.
Bob Smith, Ron Krueger & Associates, representing several
of the developers in the southwest area, stated that the
developers were concerned about the following: 1.
Expediency of the feasibility study. (Especially for the
northern section of the southwest area.) 2. Location of
Dell Road and Scenic Heights Road. 3. Developers
participation in the approval of the road alignments.
Smith added that the developers concurred with the City's
choice of the consulting firm. Smith stated that the
developers were requesting the City have a preliminary
feasibility study completed in 60 days and a final draft
completed 30 days after the preliminary. Smith stated
that the developers would like to tender the several
alignments which they had already prepared to the
consulting firm. Smith requested weekly meeting with the
consultant and City Staff.
Dietz stated that Staff was aware of the developer's
concerns; however, he believed the 60-day timeframe set by
the developers would be ambitious and was not practical.
Dietz added that Staff would do everything to complete the
feasibility study as soon as possible.
Peterson asked Dietz what timeframe he would propose.
Dietz replied 4 to 6 months. Dietz said that several
alignments had been proposed and there was environmental
studies to be completed related to the proposed
alignments. Dietz stated that Staff was not prepared to
ity Council Minutes 11 February 21, 1989
commit to a 60-day draft and added that he believed weekly
meetings with the developers, the consultant, and Staff
would be counter-productive. Dietz said that he would
work with the developers and would be in favor ot
publishing a preliminary draft piior to th public hearing
for the developers.
Anderson asked if an Environmental Impact Statement would
be required. Enger replied that he did not believe that
Eden Prairie was yet at a "Related Action" stage of
development. He added that the Southwest Area would
develop in phases which would take place over several
years. Enger noted that the need to expedite the
feasibility study for Dell Road and Scenic Heights Road
was unnecessary due to the fact that development in these
areas would not take place for at least two years because
of the recommendations of the Southwest Area Study and
added that the results of the feasibility study would
accomplish two things: 1) determine how the assessments
for the improvements would be applied, and 2) establish
the alignments of the roads.
Tenpas was concerned about the, relationship between an
independent consulting firm and Ron Krueger & Associates.
Dietz stated that Ron Krueger & Associates had offered to
share the basic data and road alignments which they have
collected, which would be of benefit to all of the
developers in the southwest area. Dietz added that he did
not see the City handling this project any differently
than any other project, which would be that the developers
propose possible road alignments and the City typically
building the roads the way the developers have proposed
unless environmental issues would prohibit that alignment.
Dietz believed that the City had an obligation to
represent all of the developers in the southwest area and
added that currently 7 developers agreed on the proposed
alignments for the road and 2 developers were not
represented. Dietz stated that the premise of the
feasibility study was that the City not pay for right-of-
way and therefore, a consensus of all parties would be
necessary to have the project proceed in an expedient
manner. Tenpas stated that he would like to see the
consultants ideas be as independent as possible, to have
the Council see the consultants' ideas, and then work with
the developers to come to a consensus.
Anderson was also concerned that the consultant conduct a
totally independent study, without influence from outside
groups. Anderson stated that he had received letters from
the developers not represented by Ron Krueger &
Associates, which had raised environmental issues which
needed to be addressed. Anderson believed that all the
developers in the southwest area should have the same
opportunities and that all the developers in the southwest
7142,
'ity Council Minutes 12 February 21, 1989
area be notified and allowed to participate in meetings
with the consultant. Dietz stated that he viewed the
consultant as an extension of City Staff and would notify
all the involved parties.
Bob Bjorklund, developer, stated that the intent of the
developers was to be cooperative with Staff and the
consultant and to provide open channels of communication,
not to create conflict.
MOTION:
Harris moved, seconded by Anderson to adopt Resolution No.
89-34 approving the feasibility study for Dell Road and
Scenic Heights Road. Motion carried unanimously.
Pidcock commented that in a letter to the Council, it was
noted that in the Southwest Area Study reference was made
to "Lake Riley", which should be corrected to read: Riley
Lake.
C. Approve Cooperative Construction Agreement No. 65466 with
MnDOT for City participation in cost to improve T.H. 5 in
the vicinitly of CSAH 4 (Resolution No. 89-39)
Dietz reported that Staff had noted some number errors in
the agreement which MnDot would like the City to sign.
Dietz did not view these as a major problem and believed
that MnDot would change the numbers once Staff brought it
to MnDot's attention.
Dietz noted that Staff would like to see paragraph 1 on
page 19 removed in its entirety, while MnDot was only
willing at this time to take out part of the sentence
which limits the indemnification. Dietz stated that if
the City did not sign the agreement by Friday, February
24, 1989, MnDot would postpone the bid letting for 30
days. Staff did not believe it was in the City's interest
to be the responsible for any delay on the Highway #5
project. Dietz noted the new language in the ordinance.
He suggested that city Attorney Pauly be directed to
negotiate the necessary changes and still try for a Friday
bid letting.
Peterson asked Dietz what the City's exposure would be if
the indemnity clause was not changed. Dietz replied that
the paragraph would set the State's responsibility to
upgrade Highway #5 and set the City's responsibility in
the process. The State would do all of the construction
and the City would be responsible at the end of the
project for maintenance work for utilities. Dietz noted
that the last agreement signed with MnDot did not include
the following wording: "including an action or claim
`Cte
ity Council Minutes 13 February 21, 1989
which alleges negligence of the State, its agents,
officers or employees."
Pauly noted that page 4, section C, stated that the MnDo
t
would be permitted to make changes in the plan and pass
the costs along to the City. Pauly believed this sectio
n
was too open-ended. Dietz stated that Staff had noted
this section; however, due to the good working
relationship with MnDot, Staff did not see this as a maj
o
r
problem. Dietz stated that the City had worked on
projects before with the same type of wordage.
Anderson stated that he was concerned about the wording i
n
this situation due to the railroad bridge costs not being
determined at this time. Dietz stated that the State had
outlined what the City would be responsible for and the
railroad bridge was not included. Dietz added that
according to the final plans there would be an at grade
crossing of the railroad crossing. Dietz stated that the
City's share was a fixed amount. He added that the
purpose of this paragraph was to deal with unexpected
costs which would be shared by the City and the State;
such as soil corrections. Anderson asked Dietz to clar
i
f
y
If it had already been determined that an on grade
crossing would be what was built. Dietz replied it was
o
n
the final plan as such.
Pauly questioned the wording on page 12, section C. He
stated that the amount due from the City was computed b
y
the State and was final, binding, and conclusive, which
meant the City could not question or dispute the amount
the City would be responsible for. Pauly added that th
e
same applied to acceptance of the completed construction
on the project, the City would have no recourse action i
f
the work was accepted by the State, yet found to be
defective by the City. Dietz replied that City Attorney
was correct in the interpretation; however, due to the
history of a good working relationship with MnDot, Staff
would not be uncomfortable. Dietz added that the City h
a
d
never had a problem in its dealings with MnDot and that
some of the work to be completed would be based on
specifications written by Eden Prairie Staff. Dietz
suggested that if the Council was uncomfortable with the
wording and believed that too many open ended statements
had been made, a 30-day continuance could be requested.
Pauly noted on page 15, section D, the wording: "that
neither party Lo this agreement shall drain any additiona
l
drainage into said storm sewer facilities that is not
included in the drainage for which said storm sewer
facilities were designed without first obtaining
permission to do so from the other party." Pauly state
d
that the City owns the storm sewer facility, but this
document would suggest that the City would not be able
t
o
aty Council Minutes 14 February 21, 1989
drain additional land into the storm sewer facility
without State approval. Dietz stated that Staff was
comfortable with the design proposed by the St.3tp;
however, Staff did question the computation figures for
the exact drainage area.
Pauly noted on page 16, the State was requiring the City
to provide maintenance for the frontage roads, bikeways,
sidewalks, and driveway pavement. Pauly questioned what
the City's position would be if it wished to vacate or
abandon these items. The State did not provide for any
time limits. Dietz asked Pauly if he was concerned about
vacating or abandoning rights to private property owners.
Pauly said that under this agreement the City would still
be responsible for maintenance of those facilities. Dietz
stated that he could not remember this being a problem,
and questioned what would be the benefit to the private
property owner.
Pauly stated that he did not see the indemnification
paragraph related to the City's negligence on Page 360 as
a major problem due to the fact that the City had worked
with this similar language in other agreements and the
City was insured; however, to include taking
responsibility for the State's negligence would be far-
reaching and unacceptable. Pauly said that this paragraph
would be acceptable with the following were removed:
"including an action or claim which alleges negligence of
the State, its agents, officers or employees." Dietz
stated that the State was willing to take out the afore
mentioned phrase. Dietz added that he had requested the
whole paragraph be taken out.
Tenpas suggested that the City wait 30 days, until the
document was worded exactly the way the City Attorney
would suggest. Tenpas did not believe that 30 days was
too long to wait to ensure a more secure document on
behave of the City. Tenpas believed that it was prudent
to have City Attorney Pauly follow up on his
recommendations to protect the City's interest.
Peterson suggested that the Council give City Attorney
Pauly direction on which items the Council believed to be
vital.
Pidcock stated that the City's history of dealing with
MnDot has always been successful in the past and believed
that the details could be worked out.
Dietz believed that if Council was comfortable with the
removal of the wording on the indemnification paragraph
and the other details could be negotiated with MnDot to
City Attorney Pauly's satisfaction the Friday deadline
could still be met. Tenpas stated that he would be
'Ity Council Minutes 15 February 21, 1989
comfortable with this suggestion. Pauly stated that he
believed the details could be worked out.
Peterson stated that the indemnification definitely nee
d
e
d
to be reworded and a modification to the paragraph
referencing that the State would compute the amount owed
by the City without any provision for recourse action by
the City. Dietz believed this could be worked out.
MOTION:
Harris moved, seconded by Pidcock to adopt Resolution No
.
89-39. Motion carried unanimously.
VII. REPORTS OF ADVISORY COMMISSIONS
A. gosirl_p_i_Appeals & Adiustments - Request for Joint Meeting
with City Council
Peterson stated that the letter to the Council from the
Board of Appeals & Adjustments was a request for
clarification as to if the Council was giving a differen
t
direction by which the Board should make It's
recommendations. Peterson believed that the Council had
been clear on its reasoning for overturning the Board's
recommendations. Peterson suggested a joint meeting with
the Council and the Board of Appeals & Adjustments in th2
near future. Peterson further suggested that Staff revie
w
the minutes of the meeting and respond to the Board of
Appeals & Adjustments by outlining the reasons for the
Council's decision. Peterson added that he would like to
make it clear to the Board of Appeals & Adjustments that
the two "NO" votes did not signal a change in the
Council's policy. Peterson believed that the Board of
Appeals & Adjustments was consistent in its issuance of
variances; however, the Council had the right to review
the data differently and come to different conclusions,
without implying that the original decision was incorrect.
Harris commented that it was uncommon for the Council t
o
overturn a decision made by the City's commissions.
MOTION:
Pidcock moved, seconded by Tenpas to direct Staff to wri
t
e
a letter to the Board of Appeals & Adjustments stating t
h
e
City Council's support in its decision process and to ha
v
e
Staff research the Council's support of past decisions b
y
the Board of Appeals & Adjustments.
Peterson stated that the Council would encourage any
Commission or Board members in attendance at a City
ity Council Minutes 16 February 21, 1989
Council Meeting to address the Council on issues of
concern.
Motion carried unanimously.
IX. APPOINTMENTS
A. Appointment of Study Committee on Mayoral Term
All of the Councilmembers had not been able to reach the
individual they wished to appoint for this committee and;
therefore, asked that the item be discussed at the next
Council meeting.
B. Board of Appeals & Adjustments - 1 Appointment for 3-year
Term commencing March 1, 1989
MOTION:
Pidcock moved, seconded by Anderson to nominate William
Arockiasamy for the appointment to the Board of Appeals &
Adjustments. Motion carried unanimously.
MOTION:
Pidcock moved, seconded by Harris to close the nominations
and cast a unanimous ballot for William Arockiasamy.
Motion carried unanimously.
C. Building_Code Board of .Appeals - 2 Appointments for 3-year
Terms commencing March 1, 1989
Pidcock nominated Marcia Kolb and Robert Lapic. Harris
nominated John Schneider.
Kolb received votes from: Tenpas, Peterson, Pidcock,
Harris, Anderson. Schneider received votes from:, Tenpas,
Pidcock, Harris. Lapic received votes from: Peterson,
Anderson.
MOTION:
Pidcock moved, seconded by Harris to cast a unanimous
ballot for Marcia Kolb and John Schneider. Motion carried
unanimously.
D. Flying Cloud Airport Advisory Commission - 2 Appointments
for 3-Year Terms commencing March 1, 1989: 1 Appointment
of a Representative of the Flying Cloud Businessmen's
Association and 1 Appointment of a Citizen Representative
701
'Ity Council Minutes 17 February 21, 1989
MOTION:
Anderson moved, seconded by Harris to nominate William
Helker and Jay Olson. Motion carried unanimously.
MOTION:
Pidcock moved, seconded by Harris to close the nominations
and cast a unanimous ballot for William Helker and Jay
Olson. Motion carried unanimously.
E. Historical & Cultural Commissjon - 2 Appointments for 3-
Year Terms commencing March 1, 1989
MOTION-.
Harris moved, seconded by Pidcock to nominate Deb Potter
and Robert McCluskey. Motion carried unanimously.
MOTION:
Pidcock moved, seconded by Harris to close the nominations
and cast a unanimous ballot for Deb Potter and Robert
McCluskey. Motion carried unanimously.
F. Human Ftgbts_,s, Services Commission - 4 Appointments. 1 to
an unexpired term to 2/28/91 and three 3-Year terms
commencing March 1, 1989
Anderson nominated William Jackson, Gall Leipold, Judy
Schuck, and Bette Anderson. He added that Anderson would
be his nomination for the unexpired term.
Harris nominated Gary Perkins for the unexpired.
FIRST BALLOT
Jackson received votes from: Peterson, Harris, Pidcock,
Anderson.
Leipold received votes from: Peterson, Tenpas, Harris,
Pidcock, Anderson.
Anderson received votes from: Peterson, Tenpas, Harris,
Anderson.
Perkins received votes from: Peterson, Tenpas, Harris,
Pidcock.
Schuck received votes from: Tenpas, Pidcock, Anderson.
?gel
'ity Council Minutes 18 February 21, 1989
2ND BALLOT
Jackson received votes from: Trnpas.
Anderson received votes from: Harris, Pidcock.
Perkins received votes from: Peterson, Anderson.
3RD BALLOT
Anderson received votes from: Tenpas, Pidcock, Harris.
Perkins received votes from: Peterson, Anderson.
MOTION:
Pidcock moved, seconded by Harris to cast a unanimous
ballot for William Jackson, Gail Leipold, and Gary Perkins
for three-year terms and Bette Anderson for a 2 year term.
Motion carried unanimously.
G. Parks, Recreation & Natural Resources Commission - 2
Appointments for 3-Year Terms commencing March 1, 1989
Harris nominated Pat Breitenstein. Pidcock nominated
Karon Joyer. Anderson nominated David Kuechenmeister.
MOTION:
Harris moved, seconded by Pidcock to close the
nominations. Motion carried unanimously.
Breitenstein received votes from: Tenpas, Peterson,
Pidcock, Anderson, Harris.
Kuechenmeister received votes from: Tenpas, Anderson.
Joyer received votes from Peterson, Pidcock, Harris.
MOTION:
Pidcock moved, seconded by Harris to cast a unanimously
ballot for Pat Breitenstein and Karon Joyer. Motion
carried unanimously.
Tenpas commented that he would have liked to have seen
some new members on this committee.
H. Planning Commission - 3 Appointments for 3-Year Terms
commencing March 1, 1989
Harris nominated Charles Ruebling. Anderson nominated
Robert Hallett. Pidcock nominated Tim Faber. Tenpas
nominated Doug Sandstad.
'Ity Council Minutes 19 February 21, 1989
MOTION:
Pidcock moved, seconded by Harris to close the
nominations. Motion carried unanimously.
Ruebling received votes from: Harris, Peterson, Pidcock,
Tenpas, Anderson.
Hallett received votes from: Harris, Peterson, Pidcock,
Tenpas, Anderson.
Sandstad received votes from: Harris, Pidcock, Tenpas.
Faber received votes from: Peterson.
MOTION:
Pidcock moved, seconded by Harris to cast a unanimous
ballot for Charles Ruebling, Robert Hallett, and Doug
Sandstad. Motion carried unanimously.
X. R.FRPRTF_OE OFFICERBOARDS &.COMMJSSIONS,
A. Reports of Council Members
1. Kids Kingdom Memo
Harris noted that the choice of locations for daycare
centers might not always be where the Council would desire
them to be. Harris noted that the Council had previously
expressed concerns related to health and safety issues.
Harris stated that regarding this particular request she
was concerned with the walkway, if safe access was
provided between the play area and the facility. Harris
added that she was not concerned with the location of the
facility.
Anderson stated that studies had shown that especially
young children were affected by being close to heavily
traveled roads due the increase in carbon monoxide.
Anderson stated that he would be concerned about the
location of daycare centers directly on the main highway
such as Highway 0169.
Enger stated that every daycare center was located on the
main roadways. Enger said that he had observed that the
play areas were typically located in the frontyard
setback, which placed the play area right along the main
road.
Anderson asked Enger what the City expected the traffic
volumes to be in this area. Anderson believed that the
City was responsible for the health and safety of the
children.
ceS0
:ity Council Minutes 20 February 21, 1989
Enger believed that the Council would be lookin
g
a
t
m
o
r
e
of these types of plans for additional daycare
f
a
c
i
l
i
t
i
e
s
in the community. Enger noted that private day
c
a
r
e
facilities would be decreasing because of the ne
w
l
a
w
s
a
n
d
the increased insurance expenses. Enger sugge
s
t
e
d
t
h
a
t
this would be an issue for the Human Rights & S
e
r
v
i
c
e
s
Commission to look into.
Harris believed that the daycare issue was a ver
y
c
o
m
p
l
e
x
one, which needed further study.
Enger believed that minor modifications could b
e
m
a
d
e
t
o
the zoning district standards which would requir
e
a play area to be a set distance from the roadway.
Peterson asked if there were any published data
o
n
t
h
i
s
subject. Enger replied yes. Peterson suggeste
d
t
o
d
i
r
e
c
t
this issue to the Human Rights & Services Commis
s
i
o
n
.
Pidcock stated that she was very concerned abo
u
t
t
h
e
children playing outside so close to the main r
o
a
d
w
a
y
s
with the higher speed limits.
MOTION:
AndersDn moved, seconded by Pidcock to direct t
h
e
H
u
m
a
n
Rights & Services Commission to investigate th
e
d
a
y
c
a
r
e
location issue and its relation to both carbon
m
o
n
o
x
i
d
e
and carbon dioxide affect on nearby day care centers.
Harris stated that she would not like this acti
o
n
t
o
d
e
l
a
y
progress on the Kids Kingdom proposal for the
L
a
r
i
a
t
Center.
Motion carried unanimously.
2. Midwest FPderal's Solvency_Lmpact on the_City's_Flonds
Harris asked Jullie if the City's bonds would be
i
m
p
a
c
t
e
d
by the recent solvency of Midwest Federal. Ju
l
l
i
e
r
e
p
l
i
e
d
that the bonds were federally insured; however,
h
e
w
o
u
l
d
verify this with Finance Director Frane.
3. Update on the Challenge by_Metro Ride Against
S
o
u
t
h
w
e
s
t
Metro
Harris asked if the Commission had awarded a co
n
t
r
a
c
t
a
n
d
what liability may be faced by the City as it i
s
a
p
a
r
t
y
to this joint-powers organization. Peterson st
a
t
e
d
t
h
a
t
this would not be resolved for some time and ad
d
e
d
t
h
a
t
the challenge had not been formally filed at th
i
s
t
i
m
e
.
7ity Council Minutes 21 February 21, 1989
4 - PIO_Emg..P.s.:q
Harris asked for an update on the solicitation process for
bids accepted by the City and suggested that requests be
sent to as wide an audience as possible and consider as
many vendors as permitted.
Pidcock stated that she had not heard of several of the
bidders for the carpet at the Community Center.
B. Report of City Manager
C. Report of _c71.t.Y__At(-)X8..t.Y.
Pauly noted that the City had finalized the purchase of
the Purgatory Creek Recreation Area.
Pauly stated that he was still investigating the
legalities related to prohibiting plastic containers.
Peterson asked Assistant City Manager Dawson to advise the
Waste Management Commission to keep updated on the
processes taking place in Minneapolis/St. Paul.
D. Reput of Director of Planning
E. Director of. Parks, Recreation & Natural Resourses_
F. Report of Director of Public Works
G. Regort of Finance Director
XT. NEW EqErN.T=
XII. ADJOURNMENT
MOTION:
Pidcock moved, seconded by Harris to adjourn the meeting at
10:00 PM. Motion carried unanimously.
'K,42
EDEN PRAIRIE CITY COUNCIL
UNAPPROVED MINUTES
TUESDAY, APRIL 18, 1989
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
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, Director of
Public Works Eugene A. Dietz, and
Recording Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL:
RESOLUTION NO. 89-77, PROCLAIMING APRIL 24 - APRIL 30 AS DISABILITY
AWARENESS WEEK_
MOTION:
Harris moved, seconded by Pidcock to adopt Resolution No. 89-77,
Proclaiming April 24 to April 30, 1989 as Disability Awareness Week.
Motion carried unanimously.
Mayor Peterson presented the Proclamation to the audience and Jullie
Bridges. The Mayor expressed the City's support of the efforts of the
Eden Prairie Committee on Disabilities for Educational and
Recreational Services. Julie Bridges thanked the City for its
increased awareness.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION:
Pidcock moved, seconded by Harris to approve the Agenda as
published and amended.
ADDITIONS:
Add Item X.A.1, Letter to Harry Rogers. Add Item X.A.2,
Comment by Mayor Peterson. Add Item X.A.3, Results of the
City-wide Cleanup Day. Add Item X.A.4, Recognition of the
High School Boys Basketball Team and the High School
Gymnastics Team. Add Item X.11.1, Update of the Appraisal for
the Elaine Jacques Property.
City Council Minutes 2 April 18, 1989
DELETE:
Remove Item E from the Consent Calendar.
Motion carried unanimously.
II. MTKI.TFq
A. Housina & Redevelopment Authority Meeting held Tuesday.
March 7, 1999
MOTION:
Pidcock moved, seconded by Harris to approve the Minutes
of the Housing & Redevelopment Authority meeting held
Tuesday, March 7, 1989. Motion carried unanimously.
B. City Council Meeting held Tuesday, March 7, 1989
Pidcock moved, seconded by Harris to approve the Minutes
of the City Council meeting held Tuesday, March 7, 1989 as
published and amended.
CORRECTION:
Page 6, paragraph 5, sentence 2, should read: limited to
two terms.
Motion carried unanimously.
C. City_Council _Meeting held Tuesday, March 211989
MOTION:
Pidcock moved, seconded by Harris to approve the Minutes
of the City Council meeting held Tuesday, March 21, 1989
as published. Motion carried unanimously.
D. Housing k_ROeyelopment Authority Meeting held Tuesday,
April 4, 1989
MOTION:
Pidcock moved, seconded by Harris to approve the Minutes
of the Housing & Redevelopment Authority meeting held
Tuesday, April 4, 1989. Motion carried unanimously.
E. City Council Mes_ting held Tuesday, April 4, 1989
MOTION:
Pidcock moved, seconded by Harris to approve the Minutes
of the City Council meeting held Tuesday, April 4, 1989 as
published and amended.
City Council Minutes 3 April 18, 1989
CORRECTIONS:
Page 9, motion, paragraph 3, sentence 2, should read: to
pull the license from the Legion without just cause.
Page 12, motion, paragraph 5, sentence 1, should read:
Harris was concerned about the cost to Eden Prairie
consumers and merchants which could be ameliorated by a
consortium of cities in the western suburbs coming
together to create a common market area in order to make
alternatives attractive.
Page 12, motion, paragraph 5, sentence 2, was removed in
its entirety.
Motion carried unanimously.
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 Donnayls Round
L.Ae Estates 3rd (located south of Evener Way and east of
The Ridge 2nd Addition) Resolution No. 89-69
E. Receive Feasibility Study for CSAH 1 & 18 Vicinity
Drainage Improvements and Set Public Hearing, I.C. 52-123
(Resolution No. 89-74) (pEmovED FHom THE AGENDA)
F. WESLEY_E,LANCHOFF_RLS by David Brown. A request for
Preliminary and Final Approval of Registered Land Survey
of 11.6 acres into one tract. Location: 9801 Spring Road
(Resolution No. 89-75 - Approving Registered Land Survey)
G. Award_Contracts_for I.C, 52-161 3 1989 Maintenance
Materials and Water Treatment Chemicals (Resolution No.
89-72)
H. Award I.C. 52-163, Articulated Motor Grader (Resolution
No. 89-73)
I. Preparation of Water System Anal_ysi .s (Resolution No. 89-
78)
MOTION:
Harris moved, seconded by Pidcock to approve Items A
through I with the removal of Item E on the Consent
Calendar.
City Council Minutes 4 April 18, 1989
ITEM
Peterson asked why only Bloomington was being considered
for a joint water system and not Minnetonka or Chanhassen.
Jullie replied that Bloomington was currently in need of a
study and expansion of its system; Minnetonka and
Chanhassen were not in this position at this time. Dietz
stated that Minnetonka and Chanhassen did not treat its
water. He added that Bloomington had a water system
similar to Eden Prairie's system.
Pidcock asked Dietz if the City was ready to expand its
system again. Dietz replied that he had presented a
memorandum earlier to the Council suggesting that a study
be conducted in the Fall of 1989; therefore, this study
would take place approximately six months early. He added
that the information gained from this study would be of
value to Eden Prairie in the future even if a joint effort
with Bloomington was not deemed appropriate.
Pidcock asked Dietz if Bloomington had used the firm of
Black & Veatch before. Dietz replied that both
Bloomington and Eden Prairie had employed the services of
Black & Veatch for development of their water systems.
Motion carried unanimously.
IV. PUBLIC HEARINGS
A. Reauest bY EilnvalCompany
$5390000 in Bonds Issued for the Edenvale Apartments
Project
City Manager Jullie reported that notice of this Public
Hearing was published in the April 5, 1989 issue of the
Eden Prairie News. Jullie noted that information had not
been provided to Staff in time to prepare a draft of a
Resolution and; therefore, Staff recommended the hearing
to be held now and the Resolution to be considered at a
future City Council meeting.
Dan Nelson, representing the proponent, stated that a
Public Hearing was required due to recent changes in the
laws. Nelson sated that the letter-of-credit provider had
not returned the necessary information to the proponent.
Nelson concurred with the recommendation of a continuance
for the Resolution.
Peterson asked Nelson if the company's equity had changed.
Nelson replied that the financing was not increasing, the
change was only in the interest rate. Nelson added that
Edenvale Apartments had more equity in the property than
in 1982.
A
City Council Minutes 5 April 18, 1989
No further comments from the audience.
MOTION:
Pidcock moved, seconded by Anderson to LioL3c. the Public
Hearing and schedule the Resolution for this item on the
May 16, 1989 City Council meeting. Motion carried
unanimwisly.
B. Easement Vacation No. 89-04 - Vacation of Utility Easement
Over Part of the North Half of the Northwest Quarter of
Section 6 (Resolution No. 89-70)
Jullie reported that notice of this Public Hearing had
been mailed to affected property owners and was published
in the March 29, 1989 issue of the Eden Prairie News.
No comments from the audience.
MOTION:
Pidcock moved, seconded by Anderson to close the Public
Hearing and adopt Resolution No. 89-70 approving the
Easement Vacation. Motion carried unanimously.
V. pAymENT_OF CLAIMS
MOTION:
Pidcock moved, seconded by Harris to approve Claims No. 50020
through No. 50313. ROLL CALL VOTE: Anderson, Harris,
Pidcock, Tenpas, Peterson all voting "AYE".
VI. ORDINANCES & RESOLUTIONS
VII. PE.T.ITISW —REQVUTS_& 011MUNIgATIONS
A. Request from Lions Club re.garding Charitable Gambling
License Application (continued from April 4, 1989); and for a member of the Lions Club to serve on the Charitable
Gambling Study Committee
Jullie reported that the Lions Club had withdrawn it
request at this time for a Charitable Gambling License
Application; however, representatives of the Lions Club
wished to address the City Council.
Jim Jordan, representing the Lions Club, asked the Council
if action had been taken regarding the American Legion's
request for a Charitable Gambling License. Peterson
replied that the American Legion had had a Class A License
before and was simply applying for a renewal. Peterson
added that he understood that the American Legion was
adding a Bingo facility, which would also be available for
City Council Minutes 6 April 18, 1989
other organizations to utilize. Peterson said that
because the City was in the process of forming a committee
to study Charitable Gambling, he would like to see the
Legion's proposal examined again, the same as any other
organization. Peterson added that he would like to have
the opinions of the community before taking action on any
Charitable Gambling proposal. Jordan stated that it was
the Lions desire to see all organizations applications
considered under the same guidelines and to have a
consistency by the City Council in the granting of
licenses.
In response to a Council question, Staff said that the
American Legion's Class A lawful gambling license had been
included on the Consent Calendar.
MOTION:
Peterson moved, seconded by Harris to reconsider the Items
on the Consent Calendar. Motion carried 3-2. Pidcock and
Anderson voting NO.
MOTION .:
Peterson moved, seconded by Harris to remove Item A from
the Consent Calendar. Motion carried 3-2. Pidcock and
Anderson voting NO.
MOTION:
Anderson moved, seconded by Tenpas to approve Items B
through I, with the removal of Item E on the Consent
Calendar. Motion carried unanimously.
MOTION:
Harris moved, seconded by Pidcock to move the American
Legion's Request for the Renewal of the Charitable
Gambling License to Item VII.B. Motion carried
unanimously.
Council then suspended discussion of Item VII.A in order
to consider VII.B (See page 8 of these minutes).
Following action on Item VII.B, Council resumed discussion
of this Item (VII.A).
Jordan stated that it was not the Lions Club's intent to
cause any problems for the Legion. Jordan said that the
Lions Club had been before the Council twice presenting
information regarding the request for a charitable
gambling license to use pulltabs. He added that to avoid
a rejection of the request by the Council, the Lions Club
had decided to withdraw its request; however, this was
prior to knowing that the Legion's request would he
7,)/
City Council Minutes 7 April 18, 1989
granted. Jordan stated that the Lions Club would abide by
whatever decision was made by the Council, but would
request that the Charitable Gambling Study Committee be
unbiased and treat all organizations the same. Jordan
said that he did not believe that being in a position to
rent space to other organizations should be justification
for the issuance of a license. He questioned
Councilmember Tenpas's statpment that pulltabs were not
acceptable, but bingo was all right. Jordan noted that
the Legion would be used by the general public. He added
that the license was held by the organization, not the
building or bar owners. Jordan believed that the Lions
Club was entitled to a liceobe and would like to have
representation on the Charitable Gambling Study Committee
or at least be able to make a presentation to the
Committee. Jordan asked the Council if it would be in a
position tonight to reconsider the Lions Club's withdrawal
of the application for a charitable gambling license and
take action to consider the issuance of a license tonight.
Peterson replied that a motion would have to be made by a
Councilmember to consider such action. No motion was
presented.
Tenpas stated that if the residents of Eden Prairie wanted
to have pulltabs in bars it would come out in the study to
be conducted by the committee. Tenpas clarified his
position as wanting to make sure that all organizations
were treated in an equitable manner. He added that he
wanted to hear from the Charitable Gambling Study
Committee before considering the issuance of any new
licenses in Eden Prairie.
Harris stated that what had taken place with the granting
of the Legion's Class A license was the continuance of a
tradition. Harris added that the Council was grappling
with what should be the criteria for the issuance of a
license and therefore, be able to assure equity in the
issuance of the licenses. Harris asked if the Lions Club
had identified an individual to represent them on the
Committee. Jordan replied Jerry Johnson would be the
recommendation of the Lions Club.
Pidcock stated that she would be in favor of granting the
Lions Club a charitable gambling license if it were not
for the location where the Lions Club proposed to sell the
pulltabs.
Anderson stated that the Council had already been
approached by the Hockey Association of Eden Prairie and
now by the Lions Club. He believed that the City needed
to make decisions on how many locations would be allowed
to have charitable gambling, how many licenses did the
City want to issue, and how many of the licenses should be
769
City Council Minutes 8 April 18, 1989
for bingo and how many for pulltabs. Anderson commented
that he had not heard one bad comment about the Legion.
Anderson believed that there was a definite difference
between the Legion's request and that of the Lions Club.
B. American Leaion's Request for the Renewal of the
Charitable Gambling License
Peterson asked what the intentions of the Legion Club were
if the City Council granted the renewal of the Class A
License.
Duaine Denman, Commander of the Eden Prairie American
Legion Post, stated that the new facility was scheduled to
open in July, 1989 and that the opening of a new facility
had been based on the premise that charitable gambling and
bingo would be a part of the operation. Denman noted that
the American Legion had had a Class A License since 1983
and had not seen any problems created by allowing
charitable gambling. Denman believed that a delay in the
issuance of the renewal of the Class A License would
drastically affect the opening in July. Denman noted that
the Class A License would now be used to conduct bingo.
He added that other non-profit organizations were being
offered the opportunity to use the facility to operate
"Bingo Nights"; however, the exact details of how other
organizations would use the facility had not been worked
out at this time.
Peterson asked Denman if the income from charitable
gambling was essential for operating expenses or to make
lease payments. Denman replied that the charitable
gambling proceeds were used to support the Legion's
functions; such as baseball teams, etc., to upgrade the
kitchen, and for maintenance and upkeep of the facility.
Peterson asked Denman if more of the money would go toward
the lease payment now than in the past. Denman replied
that some of the income would come from renting part of
the facility to other organizations.
Peterson asked Denman what other organizations had been
contacted. Denman replied the Sons of the Legion, Lions
Club, and the Legion Auxiliary.
Tenpas asked Denman how critical the projected revenues
from the charitable gambling had been in obtaining the
financing for the new building. Denman replied that he
doubted that a mortgage would have been approved without
the projected income from charitable gambling.
Tenpas asked Denman how many nights a year were projected
for bingo. Denman replied bingo would be offered 5 nights
a week.
City Council Minutes 9 April 18, 1989
Tenpas asked Denman if there was any organization to which
the Legion would not rent the facility. Denman stated
that the Legion would not discriminate against any
organization which would meet the City and the State's
criteria for charitable gambling.
Tenpas questioned how the City could control charitable
gambling licenses. Tenpas did not believe that it would
be fair for the City to issue a license to Legion and not
to the Lions Club. Tenpas said that his main concern was
making the issuance of licenses equitable for all
organizations. Tenpas added that he approved of bingo;
however, he was concerned about allowing pulltabs. Tenpas
was pleased to see that the Legion was opening its
facility to other group and that the majority of the money
from the proceeds would stay in Eden Prairie.
Denman stated that the Legion's license was kept within
the boundaries of the Legion Post.
Tenpas stated that he would be prepared to approve the
request of the Legion's license renewal.
Peterson asked Pauly if a Class A License would be
required by each organization which utilized the Legion's
facility for bingo. Pauly replied that the organization
would have to have a bingo license and added that special
licenses could be obtained to hold a "Bingo Night".
Denman added that a Class C license was for bingo only.
Peterson stated that if the operation being proposed by
the Legion was going to be the same as before, he would
vote for the renewal of the license; however, several
questions remained unanswered. Peterson added that the
Legion was now proposing to operate a full bingo
operation, which had not been done before. Peterson
wished to have answers to the following questions related
to the bingo operation: 1. How much of the money would go
to offset the lease payment? 2. How will the program be
administered?
Peterson stated that the rationale for establishing a
committee to study charitable gambling was to provide the
Council with the necessary background information needed
to make decisions like this one. Peterson believed that
by approving the Legion's request, the Council would be
sending a message to the Charitable Gambling Study
Committee that there was nothing left to study.
Harris understood that charitable gambling proceeds could
not be used for lease payments or construction. Denman
stated that the organization must rely on leasing the
space to other organizations for charitable gambling.
761
City Council Minutes 10 April 18, 1989
Harris asked Jullie is the City would receive any revenue
from the issuance of the Legion's license. Jullie replied
that the City could obtain approximately 3% of the
proceeds if it were related to costs of administering and
enforcing the licensed activity by the City. Harris asked
if there would be any administration costs by the City.
Jullie replied that the City had not researched this area
fully at this time.
Harris asked Denman if the Legion had always had a Class A
license. Denman stated that the Legion had always had a
Class A license; however, the Legion had never completely
utilized the Class A license because the former building
was not large enough to house a bingo operation.
Peterson asked Pauly what the purpose was for the
legislation to limit the funds frcm going to offset lease
payments. Pauly replied rhat it was to direct the funds
for human and charitable uses. Peterson stated that the
organizations had found a legal way to circumvent the
intent of the legislation. Pauly replied that originally
the payment for renting the facility was considered as a
gambling proceed; however, the law had recently changed to
allow the money paid to rent the facility to be applied to
the lease payment.
Tenpas stated that the Legion was offering its facility to
other organizations to be used as a vehicle for them to
raise funds, which would generate funds to help the
community.
Harris stated that this proposal was attractive due to the
localization of the charitable gambling events at one
place.
Pidcock asked Denman if the Legion had examined the
history of facilities in other communities related to any
history of problems or needs for additional police
security. Denman stated that each operation provided its
own security and the parking lots were patrolled. Denman
added that bingo did draw large crowds and did have the
potential for trouble. Denman stated that the Legion
would have its own security force to handle any problems.
Pidcock asked Denman how many people the lower level of
the facility would hold. Denman replied approximately 350
under normal use for dances, meetings, etc. and
approximately 300 for bingo.
Pidcock asked if the Legion would discriminate against any
organization requesting to use its facility. Denman
stated that the Legion would not discriminate against any
organization, the organization did have to meet the
State's criteria to obtain a charitable gambling license.
76g
City Council Minutes 11 April 18, 1989
Anderson stated that the Legion was a private club, which
was different from Greenstreets, which was a public place.
Anderson said that the Legion had an excellent track
record, it did not discriminate, and had been an asset to
the community. Anderson stated that he had been opposed
to issuing a license for which the proceeds would go to
only one organization. He added that the money from the
Legion's proceeds would stay in Eden Prairie. Anderson
noted that other organization had requested the license to
operate gambling in a public place, which was different
from the Legion's request for a private club. Anderson
believed that in a private club there was more control.
Anderson concluded by stating that he had voted for the
Legion's license in 1983 and could not justify changing
his vote at this time.
Peterson stated that Councilmember Anderson's points were
well taken and that he too appreciated the Legion's
contributions to the community; however, the charitable
gambling would now be extended to the public with the
introduction of bingo. Peterson believed the Council
should have specific answers to the questions outlined in
Assistant City Manager Dawson's memo to the Council
related to the purpose of the Charitable Gambling Study
Committee before granting this license. Peterson was
concerned about the City's loss of control over gambling
operations. Peterson stated that he was not opposed to
charitable gambling, Peterson was concerned because of
the drastic change from only conducting a pulltab
operation for Legion members in the past, to operating
bingo five nights a week, which would be open to the
public.
Harris asked when the Council would have to make a
decision. Pauly replied the Council would have to decide
within 60 days after the City had received notification
from the State Gambling Board of the request. Jullie
replied that the could would need to act by the May 2,
1989 City Council meeting.
Peterson asked if the Legion would consider withdrawing
its request until after the Charitable Gambling Study
Committee had given its recommendations to the Council.
Denman stated that date would be 30 days past the date the
current license would expire with the State.
Harris asked if the decision for the Legion could wait
until after the Lions Club had made its presentation.
Harris stated that she was not sure if other groups would
want to use the Legion's facility. Jordan stated that the
Lions Club was not interested in operating bingo. He
added that the Lions Club request was for pulltabs, not
bingo. Jordan stated that the Lions Club would prefer
that the Council act on the Legion's request before making
City Council Minutes 12 April 18, 1989
its presentation.
Tenpas stated that it was his goal to make charitable
gambling equitable for everyone. He believed the Legion
and the Lions Club were two separate issues.
Pidcock concurred with Tenpas and added that she could see
no justification to deny the Legion's license.
MOTION:_
Pidcock moved, seconded by Harris to approve the American
Legion's application for a Class A charitable gambling
license.
Harris stated that she could not find just cause to deny
the Legion's license and added that the license would be
required to be renewed in one year, which would give the
Charitable Gambling Study Committee the time necessary to
make an appropriate evaluation.
Peterson stated that he could not find just cause to deny,
except that he would like answers to questions due to the
change in operation. Peterson stated that he strongly
believed that this item should be reviewed first by the
Charitable Gambling Study Committee.
Anderson stated that in 1983 the Legion went through an
extensive investigation. He added that the Legion had a
good track record and was an asset to the community..
Anderson believed that time was of the essence for the
Legion.
Peterson stated that the point of difference was to
compare a trouble free pulltab operation with that of a
full operation of bingo. Peterson did not believe these
two operations were comparable. Anderson noted that the
Council had approved a Class A license in 1983, which
would provided for the operation of both.
Motion carried 4-1. Peterson voted NO.
Dennis Bertrand, Past Commander of the Legion, stated that
the Legion was a community-oriented organization which had
made several donations to community functions. Bertrand
added that the Legion had operated in Eden Prairie since
1920 and had continued to make donations to the community
even after its facility had been destroyed by the fire.
He added that the Legion believed that a promise made was
a promise kept. 88% of all the money raised by the Legion
was spent in Eden Prairie. This amount was 9 times that
required by law. Bertrand stated that while he
appreciated the concerns of the Council the Legion would
make sure the concerns were unfounded.
City Council Minutes 13 April 18, 1989
Tenpas asked Bertrand how much more money was estimated to
be generated by the introduction of bingo. Bertrand
replied that the plan was to have 18 occasions for bingo
each month and added that based on record:, from St. Louis
Park and Arden Hills Legions, the net result could be
approximately $800,000 a year.
Peterson asked if the Legion would share the final details
of the operation with the Council and the Charitable
Gambling Committee when the exact procedures had been
determined. Bertrand stated that the Legion would co-
operate. Bertrand stated that the Legion supported the
Lions Club endeavors.
Jan Bertrand, Legion Auxiliary member, stated that she had
followed the changes in the state legislature for some
time regarding charitable gambling. She added that the
process was very complicated and changes were taking place
frequently. Bertrand believed that if charitable gambling
were not allowed that the taxpayers would be the losers,
due to the loss of support for social programs provided by
the charitable gambling revenues.
Following this discussion, Council resumed consideration
of Item VII.A (see page 5 of the minutes).
VIII. REPORTS OF ADVISORY COMMISSIONS
A. South Hennepin Human Services Council - Presentation of
the Annual Report by Tim Culver and Pat Nash
Tim Culver, Chair of the Board of Directors of the SHHSC,
stated that the SHHSC was created by a joint powers
agreement. Culver introduced Pat Nash, who had served on
the SHHSC for 5 years.
Pat Nash stated that she had served on a child care forum
and the Outreach Team, which presented the resources
available from the various communities. Nash extended an
invitation to the City Councilmembers to attend the annual
dinner meeting. Nash added the theme for this year was
"The Spirit of Caring".
Tim Culver presented the Council with the SHHSC Annual
Report. Culver stated that a goal of the SHHSC was to
increase the funds coming from the private sector and to
reduce the costs to the government. He noted that an
equal amount of funding came from Hennepin County and the
four cities. Culver noted that the SHHSC would be losing
several funding sources as programs were spun off to other
agencies.
Harris stated that the SHHSC was an important service
organization and added that iL was through the SHHSC that
City Council Minutes 14 April 18, 1989
the City could continue to offer some services to the
residents of Eden Prairie which otherwise would not be
provided.
Peterson asked Culver how many year the SHHSC had been in
operation. Culver replied the SHHSC had been founded in
1970.
IX. APPOINTMENTS
A. Appointment ol 7 members to the Charitable Gambling Study
Committee
Jullie reported that the Staff's recommendation for
Pastoral member for the committee would be Pastor Merrill
Ronning.
MOTION:
Anderson moved, seconded by Harris to accept Staff's
recommendation for Pastoral member, Pastor Merrill
Donning. Motion carried unanimously.
MOTION:
Harris moved, seconded by Pidcock to nominate the
following for positions on the Charitable Gambling Study
Committee:
Jerry Johnson
Paul Redpath
Pat Britenstein
Jeff Olson
Dan Dryer
Councilmember Pidcock to call in nomination.
(Pidcock later named Judy Schuck)
Motion carried unanimously.
MOTION:
Harris moved, seconded by Anderson to close the
nominations and to cast a unanimous ballot. Motion
carried unanimously.
X REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council jlembers
1. Letter to Harry_Rogers
Harris asked if the information presented in the letter to
Mr. Rogers would have any impact on proposed legislation
being considered for the wetland and lake areas. Harris
asked Dietz for clarification on the exact location of the
City Council Minutes 15
April 18, 1989
parcel in question. Dietz replied that he would provide
Councilmember Harris with a schematic drawing. Jullie
replied that this was a matter of vacation of right-of-way
and added that it was required to be review by the DNR.
Pidcock stated that Mr. Rogers should be commended on the
trusting way in which he dealt with the City.
2. Comment by Mayor Peterson
Mayor Peterson stated that Randy Johnson would like to be
present when the ordinance related to plastic packaging
was presented to the City Council at the May 2, 1989
meeting.
3. Results of City:wide Cleamm Day
Anderson stated that the day started very slowly at Round
Lake, but the end result was that approximately 40 bags of
debris was collected at Round Lake by a group of Boy
Scouts and Girl Scouts. Anderson believed this provided
wonderful learning experience for the children. Anderson
noted that there were still a lot of areas left to clean
up in Eden Prairie. Anderson believed that recognition
should be given to those participating in the clean up.
MOTION;
Anderson moved, seconded by Pidcock to commend all the
individuals who participated in the City-wide Cleanup Day
on June 15, 1989 and to present them with individual
certificates of recognition to be presented at a City
Council meeting. Motion carried unanimously.
Jullie stated that Stu Fox had reported that approximately
85 residents participated throughout the city. Jullie
suggested a letter to the editor of the newspapers to
recognize the efforts of those who participated. Jullie
noted that all of the individuals may not have signed the
registration.
4. Recognition of Boys High School Basketball Team and the
Htgb School Girls Gymnastics Team
Anderson believed that recognition should be given to the
High School Boys Basketball team and to the High School
Girls Gymnastics team which participated in State
Tournaments. Anderson stated that the teams had provided
positive public recognition for the City of Eden Prairie
and believed that the City Council should commend those
teams.
7c )
City Council Minutes 16 April 18, 1989
MOTION:
Anderson moved, seconded by Pidcock to commend the High
School Boys Basketball team and the High School Girls
Gymnastics team for their efforts.
Tenpas stated that any other team such as the debate team,
etc. should also be given recognition when they make State
Tournaments. Tenpas was concerned about the emphasis
placed on sports and believed that non-athletic
achievements should be equally commended.
Pidcock stated that recognition should be given to anyone
who brings recognition to the City of Eden Prairie.
Motion carried unanimously.
B. Report of City Manager
1. Update of the Appraisal for Elaine Jaques Pro_gerty
Jullie reported that the City was unable to come to
acceptable terms with Elaine Jacques after the initial
appraisal of $277,000 had been offered. The property was
reappraised at $410,000 and Staff would like authorization
to submit a new proposal based on the new appraisal to
Elaine Jacques as soon as possible.
MOTION:
Anderson moved, seconded by Harris to authorize Staff to
submit an offer to Elaine Jacques based on the revised
appraisal of $410,000 for the 24 acre-site previously
approved by the City Council. Motion carried unanimously.
C. Report of City Attorney
D. Report of Director of Planning .
E. Director of Parks Recreation & Natural Resources
F. Re_po.rt of Director of Public Works
1. Self-Propelled Swee_per
Dietz reported that Staff recommended the rejection of all
bids. Dietz stated that the City would not be able to
acquire a new sweeper in time for this spring's cleanup.
He added that the street sweeping process would be
complete in two weeks.
662
City Council Minutes 17 April 18, 1989
NOT
Pidcock moved, seconded by Anderson to reject all bids.
Motion carried unanimously.
Pidcock asked how the City cleaned up the debris in the
rights-of-way. Dietz replied that the paper debris would
have to be done by hand. Pidcock believed that something
should be done by the City to improve the appearance of
the right-of-ways.
2. Special Assessment Policy
Peterson asked the Council if it would consider a special
workshop to consider this item or a continuance to the May
2, 1989 meeting. Peterson believed that more time was
needed to read and understand thoroughly this document
before taking action. He added that discussion on this
issue would probably be quite lengthy.
Jullie stated that the intent of the presentation tonight
was only to highlight the features of the policy. Jullie
added that there were still technical details which needed
to be worked out before the policy could be adopted.
Dietz presented the items which he believed the Council
might wish to look over further. Dietz also noted that on
Page 9, items 23, 24, and 25 would require further Staff
consideration and input from the City Attorney.
MOTION:
Tenpas moved, seconded by Pidcock to continue the Special
Assessment Policy to the May 16, 1989 meeting of the City
Council. Motion carried unanimously.
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION:
Pidcock moved, seconded by Tenpas to adjourn the meeting at
9:55 PM. Motion carried unanimously.
ZO
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
May 2, 1989
CONTRACTOR (MULTI-FAMILY & COMM.)
Advance Builders, Inc. of St. Paul
Five Star Construction, Inc.
Gregory Construction
J. R. Jones Fixture Company
Westbrook Development, Inc.
CONTRACTOR (I & 2 FAMILY)
Country View Builders, Inc.
Custom Pools
Mark Ten Custom Homes, Inc.
Pacific Pool & Patio
Peterson Pools
Shapes and Surfaces, Inc.
Strictly Porches
Timberwall Landscaping, Inc.
Worry Free Home Repair Service
PLUMBING
Cokato Plumbing & Heating, Inc.
E.A.H. Schmidt & Associates, Inc.
Jerry's Plumbing
GAS FITTER
Key Metalcraft
Metro Gas Installers, Inc.
Owens Service Corporation
E.A.H. Schmidt & Associates, Inc.
HEATING & VENTILATING
Innovative Heating & Air Conditioning
Key Metalcraft
E.A.H. Schmidt & Associates, Inc.
REFUSE HAULER
Metro Refuse,Inc.
These licenses have been approved by the departmnet heads responsible for
the licensed activity.
/- P jJ
Pat Sofie
Licensing
710
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-79
SUPPLEMENT TO JOINT POWERS AGREEMENT
T.H. 212 EIS/DESIGN STUDY REPORT
WHEREAS, the State of Minnesota, Department of Transportation, the Metropolitan
Council, Carver County, Hennepin County, the City of Chanhassen, the City of
Eden Prairie, and the City of Chaska, hereinafter referred to as the "Agencies",
did enter into an agreement identified as Number 64140 for the performance of an
environmental impact statement and a design study report for the T.H. 212
corridor;
WHEREAS, the Agencies did thereby agree to participate and cooperate in the
preparation and completion of the T.H. 212 Environmental Impact Statement and
Design Study Report;
WHEREAS, it was determined that a consulting firm would be selected by the
Agencies' Task Force and hired by Carver County, to prepare the Environmental
Impact Statement and Design Study Report;
WHEREAS, a contract was executed with a consulting firm and a substantial
portion of the required scope of work has been completed;
WHEREAS, due to changes in the original roadway corridor concept, data provided
to the consultant was no longer valid;
WHEREAS, several sites/structures along the corridor are requiring more research
for Historic Significance than originally suspected;
WHEREAS, the consultant has been requested to make the necessary corrections to
the data, and to perform the necessary research for the impacted sites;
WHEREAS, it was agreed in Section 2.01 of Agreement No. 64140, that all expenses
for the study exceeding $320,000 would be the responsibility of the Minnesota
Department of Transportation;
WHEREAS, the Minnesota Department of Transportation has reviewed the proposed
costs to perform the additional services and have found the costs to be fair and
reasonable;
WHEREAS, the Minnesota Department of Transportation is obligated to reimburse
Carver County for necessary payments to the consultant for the additional work
requested; and
T-7
(
Page 2 of 2 RESOLUTION NO. 89-79
WHEREAS, Supplement Number One to Agreement No. 64140
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n
t
N
u
m
b
e
r
One, a part hereof, is approved, and
BE IT FURTHER RESOLVED, that the Mayor and City Man
a
g
e
r
b
e
a
n
d
h
e
r
e
b
y
a
r
e
authorized to execute the Agreement in behalf of the Cit
y
o
f
E
d
e
n
P
r
a
i
r
i
e
.
ADOPTED by the Eden Prairie City Council on May 2, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
7'7
CONSULTANT AGREEMENTS
AMENDMENT TO SECTION
AGREEMENT
64140
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
TECHNICAL SERVICES
Supplement No. 1 to
Agreement No. 64140
The State of Minnesota,
Department of Transportation, and
The County of Carver
Re: T.H. 212 Environmental Impact Statement
SUPPLEMENTAL .
ENGINEERING AGREEMENT NO. 1
THIS SUPPLEMENTAL AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, the Metropolitan
Council, Carver County, Hennepin County, the City of Chanhassen, th
e
City of Eden Prairie, and the City of Chaska hereinafter referred to
a
s
the "Agencies".
WITNESSETH:
WHEREAS, the Agencies did enter into Agreement No. 64140, whereby the
Agencies did agree to participate and coorerate in the preparation an
d
completion of the T.H. 212 Environmental Impact Statement and Design
Study Report; and
WHEREAS, it was determined that a consultanting firm would be selec
t
e
d
by the Agencies' Task Force and hired by Carver County, to prepare th
e
Environmental Impact Statement and Design Study Report; and
page 2 64140-1
WHEREAS, a contract was executed with a consultanting firm and
a
substantial portion of the required scope of work has been compl
e
t
e
d
;
a
n
d
WHEREAS, due to changes in the original roadway corridor conc
e
p
t
,
d
a
t
a
provided to the consultant was no longer valid; and
WHEREAS, several sites/structures along the corridor are requ
i
r
i
n
g
m
o
r
e
research for Historic Significance then originally suspected;
a
n
d
WHEREAS, the consultant has been requested to make the necess
a
r
y
corrections to the data, and to perform the necessary research
f
o
r
t
h
e
impacted sites; and
WHEREAS, it was agreed in Section 2.01 of Agreement No. 64140,
t
h
a
t
a
l
l
expenses for the study exceeding $320,000 would be the respons
i
b
i
l
i
t
y
o
f
the Minnesota Department of Transportation; and
WHEREAS, the Minnesota Department of Transportation has reviewe
d
t
h
e
proposed costs to perform the additional services and have foun
d
t
h
e
costs to be fair and reasonable; and
WHEREAS, the Minnesota Department of Transportation is obliga
t
e
d
t
o
reimburse Carver County for necessary payments to the consult
a
n
t
f
o
r
t
h
e
additional work requested.
page 3 64140-1
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
REVISION SECTION 2.0 - CONTRACT ADMINISTRATION
Sections 2.01 and 2.02 should be revised to the following
:
2.01 The consultant contract shall not exceed $364,500 an
d
s
h
a
l
l
b
e
a
p
p
r
o
v
e
d
by a majority vote of the T.H. 212 Task Force prior to ex
e
c
u
t
i
o
n
b
y
Carver County and the consultant. The Costs to the munic
i
p
a
l
i
t
i
e
s
,
t
h
e
counties, and the Metropolitan Council shall not exceed $
2
0
0
,
0
0
0
.
0
0
a
n
d
shall be shared as follows:
AGENCY
City of Chanhassen
City of Chaska
City of Eden Prairie
Carver County
Hennepin County
Metropolitan Council
Mn/DOT
COST
$ 30,000
$ 30,000
$ 30,000
$ 30,000
$ 30,000
$ 50,000
S_164,500
$ 364,500
Should the final cost of the study exceed $364,500, the
M
i
n
n
e
s
o
t
a
Department of Transportation agrees to complete the Envi
r
o
n
m
e
n
t
a
l
I
m
p
a
c
t
Statement and Design Study Report at no additional cost
t
o
t
h
e
a
g
e
n
c
y
members listed below:
City of Chanhassen
City of Chaska
City of Eden Prairie
Carver County
Hennepin County
Metropolitan Council
A final contract cost of less than $364,500 shall result
i
n
r
e
d
u
c
e
d
agency costs proportional to each agency's cost obligati
o
n
s
s
t
a
t
e
d
a
s
follows:
page 4 64140-1
For Costs up $320,000:
Chanhassen
Chaska
Eden Prairie
Carver County
Hennepin County
Metropolitan Council
Mn/DOT
Subtotal:
MAXIMUM $
OBLIGATION
$ 30,000
$ 30,000
$ 30,000
$ 30,000
$ 30,000
$ 50,000
$ 120,000
$ 320,000
PERCENTAGE
OBLIGATION
9.375 %
9.375 %
9.375 %
9.375 %
9.375 %
15.625 %
37.500 %
100.000 %
For Costs exceeding $320,000, up a maximum of $364,500:
Mn/DOT
$ 44,500
100.000 %
TOTAL: $ 364,500
2.02 Each agency's pro rata share, as defined in Section 2.01, shall be paid
to Carver County as contracting agent, from time to time when and as
payments are required to be made by Carver County to the consultant firm
pursuant to the contract. Carver County shall invoice each Agency from
time to time as payments are required to be made to the consultant firm.
Such invoices shall reflect each member Agency's share of the payment due
and shall be paid within 35 days from receipt of the invoice.
STATUS OF ORIGINAL AGREEMENT
Except as amended and modified herein, the term of said Agreement No.
64140 shall remain in full force and effect.
APPROVALS
Before this Supplemental Agreement shall become binding and effective,
it shall receive the approval of such State Officers as the law may
provide, in addition to the Commissioner of Transportation.
cr)(1)
Agreement 64140-1
Page 5
STATE OF MINNESOTA
Approved:
As to form and execution by the
Attorney General:
By
Title
Date
Department of Transportation:
By
Title
Date
Department of Administration:
By
Title
Date
Department of Finance:
By
Title
Date
Page 6 Agreement 64140-1
It The participating governmental agencies having signed this supplemental
contract and the Hennepin County Board of Commissioners having duly
approved this supplemental contract on the
HENNEPIN COUNTY BOARD OF COMMISSIONERS
By
Chair
arid
Associate Deputy County Administrator
ATTEST:
By
Clerk of County Board
Approved as to Legality Form
By
Assistant Hennepin County Attorney
Date
day of 1989 and
pursuant to such approval and the proper County Officials having signed
this supplemental contract the parties hereto agree to be bound by the
provisions herein set forth.
Page 7 Agreement 64140-1
CARVER MINI-(
By
By County Chairman
County Administrator
Date
Date
Approved as to form
By County Attorney
Date
Page 8
Agreement 64140-1
MFTROPOLITAN COUNCIL
By
By
Executive Director Council Chair
Date Date
Approved as to form
By
Metropolitan Council Legal Counsel
Date
Page 9 Agreement G4140-I
MUNICIPALITIES
City of Chanhassen
By By
Mayor City Manager
Date Date
City of Eden Prairie
By By
Mayor City Manager
Date Date
City of Chaska
By By
Mayor City Manager
Date Date
N 1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 89-80
RESOLUTION RECEIVING PETITION AND
ORDERING FEASIBILITY REPORT
WHEREAS, a petition has been received and it is proposed to make the
f
o
l
l
o
w
i
n
g
improvEments:
I.C. 52-166 (Summit/Meadowvale/Red Oak Drive Street & Utilties)
and assess the benefitted property for all or a portion of the co
s
t
o
f
t
h
e
improvements, pursuant to Minnesota Statues, Chapter 429.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
That the proposed improvements be referred to the City Engineer for
s
t
u
d
y
with the assistance of H.T.P.O., and that a feasibility report sha
l
l
b
e
prepared and presented to the City Council with all convenient
s
p
e
e
d
advising the Council in a preliminary way as to the scope,
c
o
s
t
assessment and feasibility of the proposed improvements.
ADOPTED by the Eden Prairie City Council on May 2, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
772,
NAME
APRIL 11, 1989
CITY OF EDEN PRAIRIE
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THE STAFF AND COUNCIL OF EDEN PRAIRIE IS IN THE PROCESS OF REVIEW OF
THREE (3) SEPARATE PROJECTS: I) STRAWBERRY HILL, 2) RED ROCK VIEW, AND
3) RED ROCK SHORES.
THESE PROJECTS ARE DIRECTLY NORTH AND WEST OF THE RED ROCK LAKE 1ST
AND 2ND ADDITIONS.
FURTHER, THE CITY IS UNDER STUDY OF STORM SEWER AND SANITARY SEWER
ALONG THE MWCC TRUNK SEWER LINE ALONG THE SOUTHERLY BOUNDARY OF SAID RED
ROCK LAKE 1ST AND 2ND ADDITIONS.
WE THE BELOW SIGNED RESIDENTS OF THE RED ROCK LAKE 1ST AND 2ND ADDITIONS
RE QUEST THAT THE CITY DIRECT A FEASIBILITY STHDY BE DONE TO INCORPORATE SEWER,
WATER AND STREET CONSTRUCTION IN THOSE AREAS OF OUR ADDITIONS NOT EFFECTED
BY THE ABOVE REFERENCED PROJECTS.
RESPECTFULLY SUBMITTED,
ADDRESS
) IC) SzL.)
R,S dP9•g Dv-
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11 •I
PAGE 1 OF 2 7 ,0
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ADDRESS
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PAGE 2 OF 2
TZLI
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 Engin
e
e
r
,
t
h
r
o
u
g
h
H
a
n
s
o
n
,
T
h
o
r
p
,
Pellinen and Olson, Inc. to the City Council rec
o
m
m
e
n
d
i
n
g
t
h
e
f
o
l
l
o
w
i
n
g
improvements to wit:
I.C. 52-123 (Drainage Improvements, Vicinity of CSAH
1
a
n
d
C
S
A
H
1
8
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE
C
I
T
Y
C
O
U
N
C
I
L
:
I. The Council will consider the aforesaid improveme
n
t
s
i
n
a
c
c
o
r
d
a
n
c
e
with the report and the assessment of property abutting or within
said boundaries for all or a portion of the cost of
t
h
e
i
m
p
r
o
v
e
m
e
n
t
pursuant to M.S.A. Section 429.011 to 429.111,
a
t
an estimated total cost of the improvements as shown.
2. A public hearing shall be held on such proposed i
m
p
r
o
v
e
m
e
n
t
o
n
t
h
e
May 18, 1989 at 7:30 P.M. at the Eden Prairie
C
i
t
y
H
a
l
l
,
7
6
0
0
Executive Road. The City Clerk shall give publi
s
h
e
d
a
n
d
m
a
i
l
e
d
notice of such hearing on the improvements as requ
i
r
e
d
b
y
l
a
w
.
ADOPTED by the Eden Prairie City Council on May 2,
1
9
8
9
.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, Clerk
SEAL
5q5
Kingston Ridge
aka Starview Terrace
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 60-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the R1-13.5 District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
R1-13.5 District, and the legal descriptions of land in each District referred to in
City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended
accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of May 2, 1989, entered into between
Patrick and Kathleen Bauer, husband and wife, and the City of Eden Prairie, which
Agreement is hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 20th day of December, 1988, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 2nd day of
May, 1989.
ATTEST:
56hn D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
Legal Description
EXHIBIT A
that part of Government Lot Two (2), Section
'twenty-one (21). Township 116 North, Range
Twenty-two (22), West of the Fifth Principal
Meridian, described as follows: comnencing at th e Northwest corner of said Government Lot Two (2):
thence South 76 degrees 47 minutes 30 seconds
East to the Westerly line of Turn Road: thence
Southerly along said Road line to its intersection
with a line bearing South 76 degrees 47 minutes
30 seconds East from a point in the West line of
said Government Lot Two, (2), distant 319.8 feet
North from the Southwest corner thereof: thence
North 76 degrees 47 minutes 30 seconds West to
said West line; 'thence North to the beginning.
Also,
That part of Government Lot 2, S.L.otion 21, Township 116 North, Range 22 . West of the Fifth Principal IlericiL,n, described as follows:
commencing at the Northwest corner of said Government Lot 2;
-thence on a bearing of EAST, assumed basis for bearings, 190.04
feet, along the north line of said Government Lot 2; thrnce South 0
1
degrees 10 minutes 30 seconds West 44.40 feet, to a line bearing
South 76 degrees 47 minutes 30 seconds East from the point of
beginning; thence North 76 degrees 47 minutes 30 seconds West
194.27 feet, along said line to the point of beginning.
. 2<rl
Starview Terrace
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered int
o
a
s
o
f
, 1989, by
Patrick G. and Kathleen L. Bauer, hu
s
b
a
n
d
a
n
d
w
i
f
e
,
h
e
r
e
i
n
a
f
t
e
r
j
o
i
n
t
l
y
r
e
f
e
r
r
e
d
t
o
as "Developer," and the CITY OF EDEN
P
R
A
I
R
I
E
,
a
m
u
n
i
c
i
p
a
l
c
o
r
p
o
r
a
t
i
o
n
,
h
e
r
e
i
n
a
f
t
e
r
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to Ci
t
y
f
o
r
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
C
h
a
n
g
e
f
r
o
m
R
u
r
a
l
to R1-13.5 on 15.72 acres and Prelim
i
n
a
r
y
P
l
a
t
o
f
1
5
.
7
2
a
c
r
e
s
i
n
t
o
2
6
s
i
n
g
l
e
f
a
m
i
l
y
lots, two outlots, and road right-
o
f
-
w
a
y
,
s
i
t
u
a
t
e
d
i
n
H
e
n
n
e
p
i
n
C
o
u
n
t
y
,
S
t
a
t
e
o
f
Minnesota, more fully described i
n
E
x
h
i
b
i
t
A
,
a
t
t
a
c
h
e
d
h
e
r
e
t
o
a
n
d
m
a
d
e
a
p
a
r
t
hereof, and said acreage hereinafter
r
e
f
e
r
r
e
d
t
o
a
s
"
t
h
e
p
r
o
p
e
r
t
y
;
"
NOW, THEREFORE, in consideration o
f
t
h
e
C
i
t
y
a
d
o
p
t
i
n
g
O
r
d
i
n
a
n
c
e
#
6
0
-
8
8
,
Developer covenants and agrees to con
s
t
r
u
c
t
i
o
n
u
p
o
n
,
d
e
v
e
l
o
p
m
e
n
t
,
a
n
d
m
a
i
n
t
e
n
a
n
c
e
o
f
said property as follows:
1. Developer shall develop the prop
e
r
t
y
i
n
c
o
n
f
o
r
m
a
n
c
e
w
i
t
h
t
h
e
materials revised and dated December
1
4
,
1
9
8
8
,
r
e
v
i
e
w
e
d
a
n
d
a
p
p
r
o
v
e
d
by the City Council on December 20
,
1
9
8
8
,
a
n
d
a
t
t
a
c
h
e
d
h
e
r
e
t
o
a
s
Exhibit B, subject to such changes
a
n
d
m
o
d
i
f
i
c
a
t
i
o
n
s
a
s
p
r
o
v
i
d
e
d
herein. Developer shall not develo
p
,
c
o
n
s
t
r
u
c
t
u
p
o
n
,
o
r
m
a
i
n
t
a
i
n
the property in any other respect or
m
a
n
n
e
r
t
h
a
n
p
r
o
v
i
d
e
d
h
e
r
e
i
n
.
2. Developer covenants and agrees to th
e
p
e
r
f
o
r
m
a
n
c
e
a
n
d
o
b
s
e
r
v
a
n
c
e
b
y
Developer at such times and in such
m
a
n
n
e
r
a
s
p
r
o
v
i
d
e
d
t
h
e
r
e
i
n
o
f
all of the terms, covenants, agreemen
t
s
,
a
n
d
c
o
n
d
i
t
i
o
n
s
s
e
t
f
o
r
t
h
i
n
Exhibit C, attached hereto and made a
p
a
r
t
h
e
r
e
o
f
.
3. Prior to release by the City of the
f
i
n
a
l
p
l
a
t
f
o
r
t
h
e
p
r
o
p
e
r
t
y
,
Developer shall submit to the City
E
n
g
i
n
e
e
r
,
a
n
d
r
e
c
e
i
v
e
t
h
e
C
i
t
y
Engineer's approval of plans for s
t
r
e
e
t
s
,
s
a
n
i
t
a
r
y
s
e
w
e
r
,
w
a
t
e
r
,
storm sewer, and erosion control fo
r
t
h
e
p
r
o
p
e
r
t
y
.
S
a
i
d
p
l
a
n
s
s
h
a
l
l
include detailed information regar
d
i
n
g
s
t
o
r
m
w
a
t
e
r
r
u
n
-
o
f
f
a
n
d
drainage for each individual lot.
Upon approval by the City Engineer
,
D
e
v
e
l
o
p
e
r
s
h
a
l
l
c
o
n
s
t
r
u
c
t
,
o
r
cause to be constructed, those imp
r
o
v
e
m
e
n
t
s
l
i
s
t
e
d
a
b
o
v
e
i
n
s
a
i
d
(Z g
plans, as approved by the City Engineer
,
i
n
a
c
c
o
r
d
a
n
c
e
w
i
t
h
E
x
h
i
b
i
t
C, attached hereto.
4. Prior to release by the City of the fi
n
a
l
p
l
a
t
f
o
r
t
h
e
p
r
o
p
e
r
t
y
,
Developer agrees to execute a special as
s
e
s
s
m
e
n
t
a
g
r
e
e
m
e
n
t
w
i
t
h
t
h
e
City for purposes of public street an
d
u
t
i
l
i
t
y
c
o
n
s
t
r
u
c
t
i
o
n
f
o
r
Mitchell Road to service the property.
5. Prior to issuance of any grading or buil
d
i
n
g
p
e
r
m
i
t
o
n
t
h
e
p
r
o
p
e
r
t
y
,
Developer agrees to submit to the Cit
y
,
a
n
d
t
o
o
b
t
a
i
n
t
h
e
C
i
t
y
'
s
approval of, documentation proving own
e
r
s
h
i
p
o
f
t
h
a
t
p
o
r
t
i
o
n
o
f
t
h
e
property described as "the Kraemer pa
r
c
e
l
"
i
n
E
x
h
i
b
i
t
A
,
p
a
g
e
2
,
attached hereto and made a part hereof.
6. Prior to issuance of any grading permit
f
o
r
t
h
e
p
r
o
p
e
r
t
y
,
D
e
v
e
l
o
p
e
r
agrees submit to the City, and to obta
i
n
t
h
e
C
i
t
y
'
s
a
p
p
r
o
v
a
l
o
f
a
surety in an amount sufficient to cov
e
r
t
h
e
c
o
s
t
o
f
e
x
t
e
n
s
i
o
n
o
f
Victoria Drive to the southern-most pr
o
p
e
r
t
y
l
i
n
e
,
a
s
d
e
p
i
c
t
e
d
i
n
Exhibit B, attached hereto. Said suret
y
s
h
a
l
l
i
n
c
l
u
d
e
t
h
e
c
o
s
t
o
f
extending the public street, utiliti
e
s
,
a
n
d
s
i
d
e
w
a
l
k
to the southern-most property line within Victo
r
i
a
D
r
i
v
e
.
7. Developer shall notify the City and the
W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
4
8
h
o
u
r
s
prior to any grading, tree removal, or t
r
e
e
c
u
t
t
i
n
g
o
n
t
h
e
p
r
o
p
e
r
t
y
.
8. Concurrent with street and utility con
s
t
r
u
c
t
i
o
n
o
n
t
h
e
p
r
o
p
e
r
t
y
,
Developer agrees to construct, or cause
t
o
b
e
c
o
n
s
t
r
u
c
t
e
d
,
f
i
v
e
-
f
o
o
t
wide concrete sidewalks along the no
r
t
h
a
n
d
w
e
s
t
s
i
d
e
s
o
f
Q
u
e
e
n
s
Trail and along the east side of Victo
r
i
a
D
r
i
v
e
,
a
l
l
a
s
d
e
p
i
c
t
e
d
i
n
Exhibit B, attached hereto.
9. Prior to issuance of any building perm
i
t
o
n
t
h
e
p
r
o
p
e
r
t
y
,
D
e
v
e
l
o
p
e
r
agrees to submit to the Director of Pa
r
k
s
,
R
e
c
r
e
a
t
i
o
n
,
a
n
d
N
a
t
u
r
a
l
Resources, and to obtain the Director'
s
a
p
p
r
o
v
a
l
o
f
,
a landscape plan for the area adjacent to existing
M
i
t
c
h
e
l
l
R
o
a
d
,
i
n
c
l
u
d
i
n
g
L
o
t
7, Block 2, and Lots 1-9, inclusive,
B
l
o
c
k
3
,
a
l
l
a
s
d
e
p
i
c
t
e
d
i
n
Exhibit B, attached hereto.
Developer agrees to submit bonding, or
s
u
r
e
t
y
,
f
o
r
s
a
i
d
l
a
n
d
s
c
a
p
i
n
g
in accordance with the terms and
c
o
n
d
i
t
i
o
n
s
o
f
C
i
t
y
C
o
d
e
Chapter 11.03, Subdivision 3, items #2-4
.
10. Prior to issuance of any building perm
i
t
o
n
t
h
e
p
r
o
p
e
r
t
y
,
D
e
v
e
l
o
p
e
r
agrees to provide for a "temporary
d
e
a
d
-
e
n
d
"
s
t
r
e
e
t
s
i
g
n
t
o
b
e
located at the terminus of Victoria Dr
i
v
e
a
s
d
e
p
i
c
t
e
d
i
n
E
x
h
i
b
i
t
B
,
attached hereto. The purpose of said s
i
g
n
s
h
a
l
l
b
e
t
o
i
n
f
o
r
m
f
u
t
u
r
e
residents that Victoria Drive will con
n
e
c
t
t
o
o
t
h
e
r
r
o
a
d
(
s
)
a
t
s
o
m
e
point in time.
act
IN WITNESS WHEREOF, the parties to this Agr
e
e
m
e
n
t
h
a
v
e
c
a
u
s
e
d
t
h
e
s
e
presents to be executed as of the day and
y
e
a
r
a
f
o
r
e
s
a
i
d
.
CITY OF EDEN PRAIRIE
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
)SS. COUNTY OF HENNEPIN)
The foregoing instrument was acknowl
e
d
g
e
d
b
e
f
o
r
e
m
e
t
h
i
s
day of , 1989, by Gary D. Peterson,
t
h
e
M
a
y
o
r
a
n
d
C
a
r
l
J
.
J
u
l
l
i
e
,
the City Manager of the City of Eden Prai
r
i
e
,
a
M
i
n
n
e
s
o
t
a
m
u
n
i
c
i
p
a
l
c
o
r
p
o
r
a
t
i
o
n
,
o
n
behalf of said corporation.
Notary Public
PATRICK G. BAUER
KATHLEEN L. BAUER
STATE OF MINNESOTA)
)SS. COUNTY OF HENNEPIN)
The foregoing instrument was acknowled
g
e
d
b
e
f
o
r
e
me
, 1989, by Patrick G. and Kathleen
this day of L. Bauer, husband and wife.
Notary Public
L33
Kingston Ridge
(aka Starview Terrace)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-87
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 60-88 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 60-88 was adopted and ordered p
u
b
l
i
s
h
e
d
a
t
a
r
e
g
u
l
a
r
meeting of the City Council of the City of Eden Prair
i
e
o
n
t
h
e
2
n
d
d
a
y
o
f
M
a
y
,
1
9
8
9
;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC
I
L
O
F
T
H
E
C
I
T
Y
O
F
E
D
E
N
PRAIRIE:
A. That the text of the summary of Ordinance No. 60
-
8
8
,
w
h
i
c
h
i
s
attached hereto, is approved, and the City Council f
i
n
d
s
t
h
a
t
s
a
i
d
text clearly informs the public of the intent and e
f
f
e
c
t
o
f
s
a
i
d
ordinance.
B. That said text shall be published once in the Eden Prai
r
i
e
N
e
w
s
i
n
a
body type no smaller than non-pareil, or six-point typ
e
,
a
s
d
e
f
i
n
e
d
in Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall be made
a
v
a
i
l
a
b
l
e
f
o
r
inspection by any person during regular office hours
a
t
t
h
e
o
f
f
i
c
e
of the City Clerk and a copy of the entire text of t
h
e
O
r
d
i
n
a
n
c
e
shall be posted in the City Hall.
D. That Ordinance No. 60-88 shall be recorded in the
o
r
d
i
n
a
n
c
e
b
o
o
k
,
along with proof of publication required by parag
r
a
p
h
B
h
e
r
e
i
n
,
within 20 days after said publication.
ADOPTED by the City Council on May 2, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
7g1
Kingston Ridge
(aka Starview Terrace)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 60-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
LIMEY) This Ordinance allows rezoning of land located east of East
Staring Lane, west of Mitchell Road, north of County Road #1, from the Rural
District to the R1-13.5 District, subject to the terms and conditions of a
developer's agreement. Exhibit A, included with this Ordinance, gives the full
legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane
/s/Gary D. Peterson
City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the day of , 1989.
(A full copy of the text of this Ordinance is available from the City Clerk.)
eig9-
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-82
A RESOLUTION APPROVING FINAL PLAT OF
KINGSTON RIDGE
WHEREAS, the plat of KINGSTON RIDGE has been
s
u
b
m
i
t
t
e
d
i
n
a
m
a
n
n
e
r
r
e
q
u
i
r
e
d
for platting land under the Eden Prairie Ordin
a
n
c
e
C
o
d
e
a
n
d
u
n
d
e
r
C
h
a
p
t
e
r
4
6
2
of the Minnesota Statutes and all proceedings
h
a
v
e
b
e
e
n
d
u
l
y
h
a
d
t
h
e
r
e
u
n
d
e
r
;
and
WHEREAS, said plat is in all respects consist
e
n
t
w
i
t
h
t
h
e
C
i
t
y
p
l
a
n
a
n
d
t
h
e
regulations and requirements of the laws o
f
t
h
e
S
t
a
t
e
o
f
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 COUN
C
I
L
O
F
T
H
E
C
I
T
Y
O
F
E
D
E
N
P
R
A
I
R
I
E
:
A. Plat approval request for KINGSTON RIDGE is ap
p
r
o
v
e
d
u
p
o
n
c
o
m
p
l
i
a
n
c
e
with the recommendation of the City Engineer'
s
r
e
p
o
r
t
o
n
t
h
i
s
p
l
a
t
dated APRIL 27, 1989.
B. That the City Clerk is hereby directed to supp
l
y
a
c
e
r
t
i
f
i
e
d
c
o
p
y
o
f
this Resolution to the owners and subdivisio
n
o
f
t
h
e
a
b
o
v
e
n
a
m
e
d
plat.
C. That the Mayor and City Manager are hereby auth
o
r
i
z
e
d
t
o
e
x
e
c
u
t
e
t
h
e
certificate of approval on behalf of the City Council
u
p
o
n
compliance with the foregoing provisions.
ADOPTED by the City Council on MAY 2, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
-493
CITY OF EDEN PRAIRIE
ENGINEERING REDORT ON FINAL PLAT
(RESOLUTION NO. 89-82)
TO: Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technician
DATE: April 27, 1989
SUBJECT: Final Plat of Kingston Ride
PROPOSAL: The Developers, Patrick G. and Kathleen L. Bauer, have requested
City Council approval of the final plat of Kingston Ridge, a single
family residential subdivision located Northwest of Staring Lake Parkway
and West of Staring Lake in the South half of Section 21. Formerly known
as Starview Terrace, the plat contains 15.72 acres to be divided into 26
single family lots, two outlots and right-of-way dedication for street
purposes. Outlot A will be conveyed to the property owner to the South
to improve the existing house setback condition. Outlot B will be
conveyed to the property owner to the North, David F. Kraemer, as part of
a land exchange agreement with the Developers.
HISTORY: The preliminary plat was approved by the City Council December 20,
-----1988 per Resolution No. 88-290.
Second reading of Ordinance No. 60-88, changing zoning from Rural to R1-
13.5, is scheduled for approval at the May 2, 1989 City Council Meeting.
The Developer's Agreement referred to within this report is scheduled for
execution May 2, 1989.
VARIANCES: All variance requests must be processed through the Board of
Appeals.
UTILITIES AND STREETS: All municipal utilities, roadways, and walkways will be
installed throughout the plat in conformance with City Standards and the
requirements of the Developer's Agreement. Prior to release of the final
plat, the Developers shall rovide the City with temporary cul-de-sac
easements for both ends of Vi tone Drive. Additionally, the Developers
shall enter into a Special ksessment Agreement with the City defining
Developers portion of const uction costs involved with the improvement
contract for the upgrading of Mitchell Road.
Prior to release of the final plat, the Developers shall sumbmit to the
City Engineer, and receive the City Engineer's approval of plans for
streets, sanitary sewer, water and storm sewer for the property.
P)t-1
Page 2 of 2
KINGSTON RIDGE
April 27, 1989
(RESOLUTION NO. 89-82)
PARK DEDICATION: The requirements for park dedication are covered in the
Developer's Agreement.
BONDING: Bonding for municipal utilities must be provided prior to release of
the final plat and conform to City Code and the Developer's Agreement
requirements.
RECOMMENDATION: Recommend approval of the final plat of Kingston Ridge
subject to the requirements of this report, the Developer's Agreement and
the following:
I. Receipt of street sign fee in the amount of $892.00,
2. Receipt of street lighting fee in the amount of $5,400.00,
3. Receipt of engineering fee in the amount of $1,040.00,
4. Execution of Special Assessment Agreement for Mitchell Road,
5. City Engineer's approval of construction plans for municipal
utilities,
6. Receipt of temporary cul-de-sac easements,
7. Satisfaction of bonding requirements.
JJ:ssa
cc: Patrick and Kathleen Bauer
Frank Cardarelle & Assoc.
`OS
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation & Natural
Resources
DATE: April 20, 1989
SUBJECT: Change Order No.3 Phase II Eden Prairie Community Center
Repair
Enclosed is a copy of Change Order No. 3, which should be the final
Change Order for Phase II of the Partial Repairs to the Eden
Prairie Community Center. This Change Order totals $9,088, and
along with Change Order No's 1 & 2, makes at total amount of Change
Orders of $22,642 on the original $410,000 contract for a total
increase of 6% in Change Orders.
Mr. Wally Daniels, architect for the project, has attached two
letters dated December 28, 1988 and April 14, 1989 describing the
reasons for the requirements of Change Order No. 3.
Staff have reviewed the request for this Change Order and recommend
approval as per the Architect's approval of $9,088.
BL:mdd
rib)
1011 hhcollet Mall
Minneapolis, Minnesota 55403.2491
1312/338-8241 FAX 612,138.4840
American Institute of Architects
National Society of
Prolessoonal Engineers
An Equal Opportunity Employer
Setter, Leach & Lindstrom Inc.
Architects Engineers Planners
April 14, 1989
Bob Lambert
City of Eden Prairie
Eden Prairie City Hall
7600 Executive Drive
Eden Prairie, MN 55343
RE: City of Eden Prairie
Phase II, Partial Repairs to the Eden Prairie Commity Center
Dear Bob:
Per your request we are submitting a letter of explanation for Change Order #3.
An explanation of items 1 and 2 of Change Order 113 are contained in the second
and third paragraphs of our letter to you dated December 28, 1988, a copy of
which is enclosed.
Item 3 of Change Order #3 was caused because the thickness of the existing
masonry at the top of the skylight was not as shown on the original Contract
Drawings. During the Phase II repair, it was discovered that the existing
masonry wall would be insufficient to support the new outside wyth
e
.
Therefore, revisions to the structural support for this wall had to be mad
e
,
the cost of which is listed as $969.
Sincerely,
Walter J. Dyliels, AIA
Project Manager
sjs (p-6)
1848.002.06-1
enclosure
1Oil Ntcollei Mail
Minneapolis Mmneso.• SS403 2491
61233E1 8741 SAA 612,338 4840
American instaule of Arch•rects
Nafional Society of
Proless ,onal Ence,ere
An Equal Opponun.ly ErnWove,
Setter, Leach .1 Lindstrom Inc.
Architects Engineers Planners
December 28, 1988
City of Eden Prairie
Eden Prairie City Hall
7600 Executive Drive
Eden Prairie, MN 55343
Attn: Mr. Robert Lambert
Director of Parks, Recreation & Natural Resources
Re: Phase II, Partial Repairs to the Eden Prairie Community Center
Dear Bob:
This letter is a confirmation of our phone call of December 28, 1988, regarding
two change order items on the above project.
When we prepared the construction documents for the Phase II, Partial Repairs;
we elected to specify a paint on some walls of the mechanical rooms as a latex,
water resistant primer. The purpose of this paint coating was only to prevent
the flow of moisture vapor through the relatively porous concrete block walls.
As these nxmm were essentially hidden from any sort of public view we felt
that the use of primer coating was acceptable in terms of appearance and had
the further advantage of being the least expensive method of accomplishing this
form of vapor control. During construction we were advised by the manufacturer
of this paint that the performance of this vapor resistant primer coat in an
exposed (uncovered) situation is rather untested and performance results are
therefore, unknown. As the purpose of this repair is to provide a long lasting
solution we immediately began looking for other options. Concurrent with this
event it was also brought to our attention that the volatility of the paint
coatings applied to the north wall of the boiler room would require shutting
off the boiler. As the painting would be occurring during the winter season this also caused us to search for other options to this coating as well. The result of these concerns was to issue a proposal request to the contractor
directing him to change the vapor resistant primer coating to two coats of a
water based epoxy paint. This type of coating has the vapor resistance
required, increased durability when exposed to moisture, and has the further
virtue of being less volatile so that the same coating could be applied in the
boiler room and not require shutting down the heating system. In process of
issuing this change we also noted that two walls previously not specified to
receive paint which should in order to insure the longevity of coatings on both
sides of the wall.
Sincerel
Walter J. Dirtier§
Project Manager
vkc (p-6)
1848.002.06-1
Mr. Lambert
December 29, 1988
Page 2
The result of this Is a proposal by the contractor for an a
d
d
t
o
t
h
e
c
o
n
t
r
a
c
t
of $3,517. We recommend accepting this proposal as the cost
i
s
r
e
a
s
o
n
a
b
l
e
a
n
d
it results in a paint system whose performance characte
r
i
s
t
i
c
s
a
r
e
b
e
t
t
e
r
understood in this particular situation and therefore, we hav
e
m
o
r
e
c
o
n
f
i
d
e
n
c
e
that it will perform long lasting service to you.
While recladding the south wall of the upper mechanical
r
o
o
m
,
i
t
w
a
s
n
o
t
e
d
during the roof flashing operation that the existing insul
a
t
i
o
n
o
n
t
h
e
r
o
o
f
o
f
the natatorium was wet. This implied a failure somewher
e
i
n
t
h
e
n
a
t
a
t
o
r
i
u
m
roofing system. Further investigation has revealed that one
p
r
o
b
a
b
l
e
c
a
u
s
e
i
s
the support system for the air condensing unit. Thi
s
s
u
p
p
o
r
t
w
a
s
n
o
t
constructed according to the original contract documents a
n
d
a
p
p
e
a
r
s
t
o
h
a
v
e
caused the failure of the membrane over the years. We hav
e
i
s
s
u
e
d
i
n
s
t
r
u
c
t
i
o
n
s
to the contractor to remme the wet insulation and to
i
n
s
t
a
l
l
a
n
e
w
a
i
r
condensing .unit support system on the natatorium roof.
A
l
t
h
o
u
g
h
t
h
e
f
i
n
a
l
total cost of the reroofing and new support system is not
k
n
o
w
n
a
t
t
h
i
s
t
i
m
e
because we do not know for certain the absolute limits of
w
e
t
i
n
s
u
l
a
t
i
o
n
,
w
e
believe the total of both new support and reroofin
g
w
i
l
l
a
m
o
u
n
t
t
o
approximately $6,500. We strongly recommmd your appro
v
a
l
o
f
t
h
i
s
c
h
a
n
g
e
t
o
prevent further water problems at a later date in this area.
Bob, we would appreciate approval of both of these items. If,
h
o
w
e
v
e
r
,
y
o
u
h
a
v
e
any questions please do not hesitate to call me.
z,q01
dorm,
Address
I a41114. MN ./
/le
%
BY
ii
()ATE
CHANGE
ORDER
ALA DOCLAIE \l" G701
Dktlbut;on to
OWNER •
ARCHITECT
CONTRACTOR
FIELD
OTHER
PROJECT Phase:II , Part. -Repairs to
Mame, address . Eden Prairie Community Ctr.
- Eden Prairie, Minnesota
TO '(Contractor .
T
Watson-Forsberg Company
L_Mi nneapol s MN 55416
CHANGE ORDER NUMBER:
3
INITIATION DATE: APril 4, 1989
ARCHITECT'S PROJECT NO: 1848.002.06-1
CONTRACT FOR: General Construction
j CONTRACT DATE. August 10, 1988
You are chrectea to make the rollm.ving changes in this Contract:
1. Provide work required by Proposal Request No. 4 (Revised).
2. Provide work required by Proposal Request No. 6.
, Total from Watson-Forsberg letter dated January 6, 1989.
Total from Watson-Forsberg memo dated March 23, 1989.
ADD: $3;517.00
ADD: 4,512.00
ADD: 90.00
Total add for Proposal Request 6: 4,602.00
3. Provide work described by Watson-Forsberg Co. letter dated
December 30, 1988.
ADD: 969.00
TOTAL ADD: $9,088.00
(Attachments on Page 2)
Not valid until $;necl by both the Owner and Architect.
5,,,znakire CuMractor indicates no agreement herewith, including any adiustment in the Contract Sum or Contract Time
The ongmai .Contract Suml ,GLKII a 414 e m ) was $410,000.00
Net change by previously authorized Change Orders $ 13,554.00
The iContract Sumi rOtr;Tramteed,k,tmmmnm-Eoesti prior to this Change Order was $ 423,554.00
The Contract Sum! Cwa.rAuteed-NlaN.i.askral..C(.,44 will he (increased) E61.tIEEMS:Edi 02m,c4Immgedi
by this Change Order $ 9,088.00 The new ;Contract Sum, Cuauote_ed-Niaximuul.Custi including this Change Order will be $ 432,642.00
The Contract Time ‘,..1H be Iitie*±!..d) (eie,e/e,rsed)- (unchanged) by
The Date or SubsLintial Completion as of the date of this Change Order therefore is unchanged
Authorized:
Settor,_Leach Lindstrom, Inc. Watson-Forsberg Company City. of Eden Prairie
AR( HITE( T
1011 Ni
fg,ACTORC011Pt Mall Z52 South Plaza Building iAnxecutive Drive
1 Days
Adares,
Eden Prairie, MN 55344-3677
BY
DATE
AEA DOCUMENT .G7111 • CHANCE ORDER • NPRIL 1 4 17E1 EDITION • • .0 1975
THE AMERICI kN INSTITUTE 01 ARCHITECTS 1735 NEss EORK "E.. N."' AVNSN cTo o r 200M
G701 — 1978
PROPOSAL
REQUEST
AIA DOCUMENT G709
OWNER .
ARCHITECT
CONTRACTOR
FIELD
OTHER
PROJECT:
Phase II, Part. Repairs to
PROPOSAL REQUEST NO: 4 (Revised)
(name, address)
Eden Prairie Community Ctr.
Eden Prairie, Minnesota
OWNER:
City of Eden Prairie
DATE: December 5, 1988
TO: (Contractor)
T Watson-Forsberg Company
1 ARCHITECT'S PROJECT NO: 1848.002.064
252 South Plaza Building
CONTRACT FOR:
General Construction
Minneapolis, MN 55416
1 CONTRACT DATED:
August 10, 1988
Please submit an itemized quotation for changes in the Contract . Sum and/or Time incidental to proposed modifica-
tions to the Contract Documents described herein. 1
THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN.
Description: (Wrotten descnpuon of the Work}
Specification Section 09900 - Painting.
Refer to Paragraph 3.5; after subparagraph headed "Paint Finish 4" add new
subparagraph "Paint Finish 5", existing concrete block that has not been previously
painted. One coat 5317 Acrylic Block Filler, two coats 5585/5586 Water Base Epoxy
Enamel. -
Drawing 1 - First Level Floor Plan.
Refer to Plan 1, First Level Floor Plan.
1. At Room E112A, add "Paint Finish 5" to
2. At Room E113A, add "Paint Finish 5" to
3. At Room E114, delete "Paint Finish 1"
1" to "Paint Finish 5".
Attachments: 0,i itached docurnents thst support descripoonl
None.
the south and east walls.
the north and east walls.
from the east wall. Change "Paint Finish
(Continued on Page 2)
ARcHirEcT7—\SETTER, LEACH & Lly'DISTBM, 252
q(_
RETURN A COPY OF THIS FORM ATTACHED
TO THE ITEMIZED QUOTATION BY:
AIA DOCUMENT G709 • PROPOSAL REQUEST • APRIL 1970 EDITION • Alva • m 1970 • THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, 0.C. 20006
bi•(
ONE PACE
Proposal Request No. 4 (Revised)
Comm. No. 1848.002.06-1
Page 2
4. At Room E115, grout exposed cores of concrete plank full (over Room E116).
Change "Paint Finish 1" to "Paint Finish 5". Change "Paint Finish 4" to "Paint
Finish 5". Continue "Paint Finish 5" on west wall to extreme southwest corner of
the room. Add "Paint Finish 5" to the surfaces of block and concrete plank
enclosing Room E116.
5. At Room E116, delete "Paint Finish 4" from west wall.
6. At Room E120, change "Paint Finish 4" to "Paint Finish 5". Add "Paint Finish 5"
to the south wall.
7. At Room E250, change "Paint Finish 4" to "Paint Finish 1".
god.
ARCH S TIER , LEACH & LINOST OM,214,c.
? /
RETURN A COPY OF THIS FORM ATTACHED
TO THE ITEMIZED QUOTATION BY:
PROPOSAL ."
REQUEST
AM DOCUMENT C709
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
PROJECT:
(name, address)
OWNER:
TO: (Contractor)
E
Phase II, Part. Repairs to
Eden Prairie Community Ctr.
Eden Prairie, Minnesota
City of Eden Prairie
--
Watson-Forsberg Company
252 South Plaza Building
Minneapolis, MN 55416
PROPOSAL REQUEST NO: 6
DATE:
December 12, 1988
-1 ARCHITECT'S PROJECT NO: 1848.002.06-1
CONTRACT FOR:
General Construction
CONTRACT DATED:
August 10, 1988
Please submit an itemized quotation for changes in the Contract Sum and/or Tim
e
i
n
c
i
d
e
n
t
a
l
t
o
p
r
o
p
o
s
e
d
m
o
d
i
f
i
c
a
-
tions to the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH TH
E
W
O
R
K
D
E
S
C
R
I
B
E
D
H
E
R
E
I
N
.
Description: (Written description of the Work)
1. Drawing 1 - First Level Floor Plan:
Refer to Plan 1, First Level Floor Plan; at west end of each trash
e
n
c
l
o
s
u
r
e
w
a
l
l
and on north side of north trash enclosure wall, install expandi
n
g
j
o
i
n
t
f
i
l
l
e
r
(specified) in gap between existing construction and new veneer
c
o
n
s
t
r
u
c
t
i
o
n
,
full height (3 joints total)
2. Drawing 3 - Roof Plan Details:
Refer to Plan 13, Roof Plan; working southward from a line parall
e
l
t
o
a
n
d
2
'
-
0
"
south of Grid '0' remove existing roofing and wet insulatio
n
.
I
n
s
t
a
l
l
n
e
w
roofing and roof insulation per unit price No. 1 (Specification S
e
c
t
i
o
n
0
1
0
2
5
)
.
Remove existing mechanical equipment and pipe support curbs and r
e
p
l
a
c
e
w
i
t
h
n
e
w
equipment and pipe support curbs per Details 1/R0002 and 2/R000
2
(
i
s
s
u
e
d
w
i
t
h
this Proposal Request).
Attachments: iLie anachtd documents that support description)
New Detail 1/R0002.
AR DOCUMENT G709 • PROPOSAL REQUEST • APRIL 1970 EDITION • AIA0 •
1
0
1
9
7
5
•
T
H
E
ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W WASHINGTON, D
.
C
.
2
0
0
0
6
Boulder Pointe
aka Red Rock Ranch
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 4-89-PUD-2-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINN
E
S
O
T
A
,
R
E
M
O
V
I
N
G
C
E
R
T
A
I
N
L
A
N
D
F
R
O
M
O
N
E
ZONING DISTRICT AND PLACING IT IN ANOTHER, AM
E
N
D
I
N
G
T
H
E
L
E
G
A
L
D
E
S
C
R
I
P
T
I
O
N
S
O
F
L
A
N
D
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE
C
I
T
Y
C
O
D
E
C
H
A
P
T
E
R
1
A
N
D
S
E
C
T
I
O
N
1
1
.
9
9
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROV
I
S
I
O
N
S
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, M
I
N
N
E
S
O
T
A
,
O
R
D
A
I
N
S
:
Section 1. That the land which is the subject of th
i
s
O
r
d
i
n
a
n
c
e
(hereinafter, the "land") is legally described
i
n
E
x
h
i
b
i
t
A
a
t
t
a
c
h
e
d
h
e
r
e
t
o
a
n
d
m
a
d
e
a part hereof.
Section 2. That action was duly initiated proposing tha
t
t
h
e
l
a
n
d
b
e
removed from the Rural District and be placed
i
n
t
h
e
P
l
a
n
n
e
d
U
n
i
t
D
e
v
e
l
o
p
m
e
n
t
4
-
8
9
-
R1-13.5 District (hereinafter "PUD 4-89-R1-13.
5
.
"
Section 3. The land shall be subject to the terms and c
o
n
d
i
t
i
o
n
s
o
f
that certain Supplement to Developer's Agreem
e
n
t
d
a
t
e
d
a
s
o
f
M
a
y
2
,
1
9
8
9
,
e
n
t
e
r
e
d
into between Robert H. Mason Homes, Inc., and
t
h
e
C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
(
h
e
r
e
i
n
a
f
t
e
r
"Supplement"). The Supplement contains the t
e
r
m
s
a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
P
U
D
4
-
8
9
-
R
1
-
13.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following fi
n
d
i
n
g
s
:
A. PUD 4-89-R1-13.5 is not in conflict with the goa
l
s
o
f
t
h
e
G
u
i
d
e
P
l
a
n
of the City.
B. PUD 4-89-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundar
i
e
s
.
C. The exceptions to the standard requirements of
C
h
a
p
t
e
r
s
1
1
a
n
d
1
2
o
f
the City Code, that are contained in PUD 4-89-R
1
-
1
3
.
5
,
a
r
e
j
u
s
t
i
f
i
e
d
by the design of the development described the
r
e
i
n
.
D. PUD 4-89-R1-13.5 is of sufficient size, composi
t
i
o
n
,
a
n
d
a
r
r
a
n
g
e
m
e
n
t
that its construction, marketing, and operat
i
o
n
i
s
f
e
a
s
i
b
l
e
a
s
a
complete unit without dependence upon any subse
q
u
e
n
t
u
n
i
t
.
Section 5. The proposal is hereby adopted and the land
s
h
a
l
l
b
e
,
a
n
d
hereby is, removed from the Rural District an
d
s
h
a
l
l
b
e
i
n
c
l
u
d
e
d
h
e
r
e
a
f
t
e
r
i
n
t
h
e
Planned Unit Development 4-89-R1-13.5 District
,
a
n
d
t
h
e
l
e
g
a
l
d
e
s
c
r
i
p
t
i
o
n
s
o
f
l
a
n
d
in each district referred to in City Code Secti
o
n
1
1
.
0
3
,
s
u
b
d
i
v
i
s
i
o
n
1
,
s
u
b
p
a
r
a
g
r
a
p
h
B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Pro
v
i
s
i
o
n
s
a
n
d
Definitions Applicable to the Entire City Code
I
n
c
l
u
d
i
n
g
P
e
n
a
l
t
y
f
o
r
V
i
o
l
a
t
i
o
n
"
a
n
d
Section 11.99 entitled "Violation a Misde
m
e
a
n
o
r
"
a
r
e
h
e
r
e
b
y
a
d
o
p
t
e
d
i
n
t
h
e
i
r
q0,11
entirety by reference, as though repeated verbatim herein.
Section 7.
passage and publication
This Ordinance shall become effective from and after its
FIRST READ at
Prairie on the 7th day
published at a regular
May, 1989.
ATTEST:
a regular meeting of the City Council of the City of Eden
of February, 1989, and finally read and adopted and ordered
meeting of the City Council of said City on the 2nd day of
Jain D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
qos
RED ROCK RANCH
. EXHIBIT A
DISTRICT MIN
Governmet tot 6 . TIGT91 that sort described as fol
t
o
w
s
:
loginning at the oerrn:ast corner of said Covernmee
t
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4
;
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along the east lim of isId Govers
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t
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4
a
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d
e of 321.69 feet; thence westerly and mullet with the
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of Section 21. Tomshie 116 North. Wooge 22 Nest
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Porter; thesas North Of degrees 39 23 StCendS Zest. rrrrr lel With the
s
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of Said Rertheast quarter of the Northeast Ow • a distance of 508.46 feet; thestO rrrrr SS degrees SO m
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3211.41 feet; theoce Soeth 41 drgree
s
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290.24 feet. Slangs moo-tangential curse concav
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Smthrost heel. 0 radio, of $20.1
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09 degrees 0 atestes 24 seconds Ves
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691.01 feet. to the poiet of hegioal
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.
SubJect to so essemot for publIc riehtwaf-my 'marmoset is Kitchell Rood.
That ..rt. of Goverment tots 3. $ e
n
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6
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Range 22 Vest of the Sth triodes! Vert/lea whtch lie
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and lying northerly and easterly./ the following described lines
Cementing at the mender tersel
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the lest described curve a distance of 170.00 feet and said liee therm
Red Rock Ranch Revised
(aka Boulder Pointe)
SUPPLEMENT TO DEVELOPER'S AGREEMENT
This Supplement to Developer's Agreement made and entered into
a
s
o
f
t
h
i
s
day of , 1989, by and between Robert H. Mason,
I
n
c
.
,
a
Minnesota corporation, and the City of Eden Prairie, a munici
p
a
l
c
o
r
p
o
r
a
t
i
o
n
,
hereinafter referred to as "City;"
WHEREAS, Robert H. Mason, Inc., and City made and entered into a
D
e
v
e
l
o
p
e
r
'
s
Agreement, dated December 13, 1989, for Red Rock Ranch
(
t
h
e
"
D
e
v
e
l
o
p
e
r
'
s
Agreement"); and,
WHEREAS, the parties desire to amend said agreement for a port
i
o
n
o
f
t
h
e
property referred to in said agreement, that portion of the
p
r
o
p
e
r
t
y
b
e
i
n
g
a
s
described in Exhibit A, attached hereto and made a part hereof;
NOW, THEREFORE, it is agreed by and between the parties thereto as
f
o
l
l
o
w
s
:
1. The Developer's Agreement shall be and hereby is supplemented and a
m
e
n
d
e
d
i
n
the following respects:
A. Paragraph 1. shall be amended to read as follows:
Owner shall develop the property in conformance with the revis
e
d
material dated February 2, 1989, reviewed and approved as amended
b
y
the City Council on February 7, 1989, and attached hereto as Exhib
i
t
B, subject to such changes and modifications as provided herein.
B. There shall be added to paragraph 14. an item C. as follows:
"C. Within the R1-13.5 portion of the property as depicted in
Exhibit A, attached hereto, waiver from the requirements of
Chapter 11 to allow for varied side yard setbacks subject to
the following requirements:
No side yard setback shall be less than five (5) feet.
4.0
931
The total of both side yards on any lot shall be 25 ft.
Minimum side yard distance between houses on adjoining lots
shall be 25 ft."
2. Robert H. Mason, Inc., agrees to all of the terms and conditions and accepts
the obligations of the "Owner" under the Developer's Agreement, as amended
and supplemented herein.
gol
Boulder Pointe
(aka Red Rock Ranch)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-71
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 4-89-PUD-2-89 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 4-89-PUD-2-89 was adopted and ordered published at a
regular meeting of the City Council of the City of Eden Prairie on the 2nd day of
May, 1989;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 4-89-PUD-2-89, which
Is attached hereto, is approved, and the City Council finds that
said text clearly informs the public of the intent and effect of
said ordinance.
B. That said text shall be published once in the Eden Prairie News in a
body type no smaller than non-pareil, or six-point type, as defined
in Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall be made available for
inspection by any person during regular office hours at the office
of the City Clerk and a copy of the entire text of the Ordinance
shall be posted in the City Hall.
D. That Ordinance No. 4-89-PUD-2-89 shall be recorded in the ordinance
book, along with proof of publication required by paragraph B
herein, within 20 days after said publication.
ADOPTED by the City Council on May 2, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
qoq
Boulder Pointe
(aka Red Rock Ranch)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 4-89-PUD-2-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
§.(2/1EX: This Ordinance allows amendment of the zoning of land
located west of Mitchell Road, east of Red Rock Lake within the PUD-9-88-R1-13.5
District by overlaying the PUD-2-89-R1-13.5 District, subject to the terms and
conditions of a developer's agreement. Exhibit A, included with this Ordinance,
gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane
/s/Gary D. Peterson
City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the day of
• 1989.
(A full copy of the text of this Ordinance is available from the City Clerk.)
910
F q -
RESOLUTION AUTHORIZING THE ISSUANCE OF
$465,000 INDUSTRIAL REFUNDING REVENUE BONDS
(KINDER-CARE LEARNING CENTERS, INC. PROJECT)
SERIES C TO REFUND COMMERCIAL DEVELOPMENT
REVENUE BONDS HERETOFORE ISSUED TO FINANCE
A PROJECT UNDER THE MINNESOTA MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT
BE IT RESOLVED by the Council of the City of Eden Prairie, Minnesota,
as follows:
1. The Council has received a request from Kinder-Care Learning
Centers, Inc., a Delaware corporation (the "Company") that the City undertake
to refund its $465,000 Commercial Development Revenue Bonds, Series 1984
(Kinder-Care Learning Centers, Inc. Project) heretofore issued on December
17, 1984 (the "Prior Bonds") in order to finance costs of acquiring, con-
structing and equipping, as applicable, one or more child day-care facilities
(the "Project"); and that the City accomplish such refunding by the issuance,
pursuant to the Minnesota Municipal Industrial Development Act, Sections
469.152 through 469.1651, Minnesota Statutes 1988, as amended (the "Act"), of
its $465,000 Industrial Refunding Revenue Bonds (Kinder-Care Learning Cen-
ters, Inc. Project) Series C (the "Bonds"), to be purchased by The Frazer
Lanier Company Incorporated, Montgomery, Alabama (the "Bond Purchaser"), pur-
suant to a Bond Purchase Agreement to be dated the date of issuance of the
Bonds by and among the City (among other issuers), the Company and the Bond
Purchaser (the "Bond Purchase Agreement"),
2. It is proposed that, pursuant to a Loan Agreement between the City
and the Company dated as of May 1, 1989 (the "Loan Agreement"), the City loan
the proceeds of the Bonds to the Company to refund an equal principal amount
of the Prior Bonds. The Company has agreed to furnish such amounts in addi-
tion to the proceeds of the Bonds as may be necessary to effect the complete
refunding and payment in full of the Prior Bonds. The Company Payments as
defined in and to be made by the Company under the Loan Agreement are fixed
so as to produce revenue sufficient to pay the principal of, premium, if any,
and interest on the Bonds when due. It is further proposed that the City
assign its rights to the Company Payments and certain other rights under the
Loan Agreement to First Alabama Bank, Montgomery, Alabama (the "Trustee") as
security for payment of the Bonds under a Trust Indenture dated as of May 1,
1989 (the "Indenture") and that the Company procure an irrevocable letter of
credit (the "Letter of Credit") further to secure the payment of the Bonds
and the interest and any premium thereon.
3. Forms of the following documents have been submitted to the Council
for approval:
(a) The Loan Agreement;
(b) The Indenture;
Cc) The Bond Purchase Agreement; and
(d) The form of Offering Circular pursuant to which the Bonds are
to be offered and sold (not executed by the City).
4. It is hereby found, determined and declared that:
(a) the Project described in the Loan Agreement and Indenture
continues to constitute a Project authorized by the Act;
(b) the purpose of the Project has been and will be to promote the
public welfare by its use as a child day-care center,
(c) the Project is located within the City limits, at a site which
is easily accessible to employees residing within the City and the
surrounding communities;
(d) the issuance and sale of the Bonds to refund the Prior Bonds,
the execution and delivery by the City of the Loan Agreement, the Bond
Purchase Agreement and the Indenture, and the performance of all cove-
nants and agreements of the City contained in the Loan Agreement, the
Bond Purchase Agreement and the Indenture and of all other acts and
things required under the constitution and laws of the State of Minne-
sota to make the Loan Agreement, the Bond Purchase Agreement, the
Indenture and the Bonds valid and binding obligations of the City in
accordance with their terms, are authorized by the Act;
(e) it is desirable that the Bonds be issued by the City upon the
terms set forth in the Indenture;
(f) the Company Payments under and as defined in the Loan Agree-
ment are fixed to produce revenue sufficient to provide for the prompt
payment of principal of, premium, if any, and interest on the Bonds
issued under the Indenture when due, and the Loan Agreement and the
Security Document (as defined in the Loan Agreement) also provide that
the Company is required to pay all expenses of the operation and main-
tenance of the Project, including, but without limitation, adequate
insurance thereon and insurance against all liability for injury to
persons or property arising from the operation thereof, and all taxes
and special assessments levied upon or with respect to the Project and
payable during the term of the Loan Agreement and the Indenture;
(g) under the provisions of the Act, and as provided in the Loan
Agreement and the Indenture, the Bonds are not to be payable from or
charged upon any funds other than the revenue pledged to the payment
thereof; the City is not subject to any liability thereon; no holder of
any Bonds shall ever have the right to compel any exercise by the City
of its taxing powers to pay any of the Bonds or the interest or premium
thereon, or to enforce payment thereof against any property of the City
except the interests of the City in the Loan Agreement which have been
assigned to the Trustee under the Indenture; the Bonds shall not
constitute a charge, lien or encumbrance, legal or equitable, upon a
n
y
property of the City except the interests of the City in the Lo
a
n
Agreement which have been assigned to the Trustee under the Indentur
e
;
the Bonds are issued without moral obligation on the part of the Stat
e
or it6 political subdivisions, and the Bonds shall recite that t
h
e
Bonds, including interest thereon, are payable solely from the revenue
s
pledged to the payment thereof and that the Bonds shall not constitu
t
e
a debt of the City within the meaning of any constitutional or stat
u
-
tory limitation; no provision, covenant or agreement contained in the Loan Agreement, the Indenture, the Bond Purchase Agreement, the Bonds
,
any Certificate executed by the City or any other documents executed b
y
the City or any obligation herein or therein imposed upon the City, o
r
the breach thereof, shall constitute, give rise to or impose upon th
e
City or any of its officers, agents or employees, a pecuniary liabilit
y
or a charge against the City's general credit or taxing powers; and
(h) no public official of the City has either a direct or indirect
financial interest in the Project nor will any public official either
directly or indirectly benefit financially from the Project.
5. Subject to the approval of the City Attorney, the Loan Agreement,
the Bond Purchase Agreement and the Indenture and exhibits ther
e
t
o
a
r
e
approved substantially in the forms submitted. The Loan Agreement, t
h
e
B
o
n
d
Purchase Agreement and the Indenture are directed to be executed in t
h
e
n
a
m
e
and on behalf of the City by the Mayor and the City Manager. Any
o
t
h
e
r
documents and certificates necessary to the transaction described abov
e
s
h
a
l
l
be executed by the appropriate City officers. Copies of all the doc
u
m
e
n
t
s
necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture.
6. The City shall proceed forthwith to issue its Bonds, in the form
and upon the terms set forth in the Indenture. The offer of the Bond P
u
r
c
h
a
-
ser to purchase the Bonds for $465,000 is hereby accepted. The Mayo
r
a
n
d
City Manager are authorized and directed to prepare and execute the Bon
d
s
a
s
prescribed in the Indenture and to deliver them to the Trustee for authen-
tication and delivery to the Bond Purchaser.
The distribution and use by the Bond Purchaser of the Offering
Circular relating to the Bonds, including for this purpose the pr
e
l
i
m
i
n
a
r
y
draft thereof in the form submitted to the City at the meeting at wh
i
c
h
t
h
i
s
resolution is passed, are hereby approved. The City has not confi
r
m
e
d
,
a
n
d
assumes no responsibility for, the accuracy, completeness or fairnes
s
o
f
a
n
y
of the information contained in the Offering Circular, any amend
m
e
n
t
s
o
r
supplements thereto or any reports, financial information, offerin
g
o
r
d
i
s
-
closure documents or other information in any way relating to the L
e
t
t
e
r
o
f
Credit, the Company or the Bond Purchaser, other than the informati
o
n
r
e
l
a
t
-
ing to the City contained in the Offering Circular under the capt
i
o
n
"
T
H
E
ISSUERS".
7. The Mayor, City Manager, City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Bond P
u
r
c
h
a
s
e
r
—3—
certified copies of all proceedings and records of the City relati
n
g
t
o
t
h
e
Bonds, and such other affidavits and certific
a
t
e
s
a
s
m
a
y
b
e
r
e
q
u
i
r
e
d
t
o
s
h
o
w
the facts relating to the legality of the Bonds
a
s
s
u
c
h
f
a
c
t
s
a
p
p
e
a
r
f
r
o
m
t
h
e
books and records in the officers' custody an
d
c
o
n
t
r
o
l
o
r
a
s
o
t
h
e
r
w
i
s
e
k
n
o
w
n
to them; and all such certified copies, certi
f
i
c
a
t
e
s
a
n
d
a
f
f
i
d
a
v
i
t
s
,
i
n
c
l
u
d
-
ing any heretofore furnished, shall constitute
r
e
p
r
e
s
e
n
t
a
t
i
o
n
s
o
f
t
h
e
C
i
t
y
a
s
to the truth of all statements contained there
i
n
.
8. The City elects to have the provisions of su
b
p
a
r
a
g
r
a
p
h
(
D
)
,
a
s
modified by the provisions of subparagraph (H
)
,
o
f
S
e
c
t
i
o
n
1
0
3
(
b
)
(
6
)
o
f
t
h
e
Internal Revenue Code of 1954, as amended, ap
p
l
i
e
d
t
o
t
h
e
B
o
n
d
s
.
T
h
e
e
x
e
c
u
-
tion of this resolution by the Mayor of the C
i
t
y
a
n
d
t
h
e
C
i
t
y
C
l
e
r
k
a
n
d
t
h
e
filing of this resolution by the City Clerk i
n
t
h
e
r
e
c
o
r
d
s
o
f
t
h
e
C
i
t
y
are hereby declared to constitute notation of the
b
o
o
k
s
a
n
d
r
e
c
o
r
d
s
o
f
t
h
e
C
i
t
y
that such election has been made.
9. The approval hereby given to the various doc
u
m
e
n
t
s
r
e
f
e
r
r
e
d
t
o
above includes approval of such additional de
t
a
i
l
s
t
h
e
r
e
i
n
a
s
m
a
y
b
e
n
e
c
e
s
-
sary and appropriate and such modifications th
e
r
e
o
f
,
d
e
l
e
t
i
o
n
s
t
h
e
r
e
f
r
o
m
a
n
d
additions thereto as may be necessary and ap
p
r
o
p
r
i
a
t
e
a
n
d
a
p
p
r
o
v
e
d
b
y
t
h
e
City Attorney and the City officials authorize
d
h
e
r
e
i
n
t
o
e
x
e
c
u
t
e
s
a
i
d
d
o
c
u
-
ments prior to their execution; and said City
o
f
f
i
c
i
a
l
s
a
r
e
h
e
r
e
b
y
a
u
t
h
o
r
i
z
e
d
to approve said changes on behalf of the City
.
T
h
e
e
x
e
c
u
t
i
o
n
o
f
a
n
y
i
n
s
t
r
u
-
ment by the appropriate officer or officers
o
f
t
h
e
C
i
t
y
h
e
r
e
i
n
a
u
t
h
o
r
i
z
e
d
shall be conclusive evidence of the approval o
f
s
u
c
h
d
o
c
u
m
e
n
t
s
i
n
a
c
c
o
r
d
a
n
c
e
with the terms hereof. In the absence of the
M
a
y
o
r
o
r
C
i
t
y
M
a
n
a
g
e
r
,
a
n
y
o
f
the documents authorized by this resolution to
be executed may be executed by the Acting Mayor or the Acting City Manager, re
s
p
e
c
t
i
v
e
l
y
.
Passed: April 18, 1989
Attest
City Clerk
(SEAL)
Mayor
-4-
N
To: Mayor & Council
From: John Franc
Date: April 27, 1969
Re: Resolution 89-89
Castle Ridge has two bond issues for its Eden Prairie facility.
In 1962 $2.550.000 were issued and in 196 $1,175,000 were issued;
these issues were public sales with no third party guarantee. The
coupons on these bonds range from 7.25% to 157.. It is proposed to
refinance these bonds with bonds at a rate of about 6.757.. The
total outstanding on the issues is $3,605,000 with maturities to
2016. The new issue is for $3,480,000 with the last maturity in
2009. A zero coupon bond with a face yaue of $1,500.000 would
also be sold at a discount. Proceeds would be about $400,000. It
would mature in 15 years; no interest is payable on this bond.
The new bond sale would be public with no third party guarantee.
Resolution 89-69 is included for your consideration. See the
attached sheet for additional data.
Castle Ridge
CASTLE RIDGE CARE CENTER
EDEN PRAIRIE, MINNESOTA
ESTIMATED SOURCE & APPLICATION OF FUNDS
SOURCE OF FUNDS:
BOND PROCEEDS
CURRENT INTEREST BONDS \ 3,480,000.00 CAPITAL APPRECIATION BONDS (0 eau /3 6N) 400,500.00
TRUSTEE HELD FUNDS
516,757.00
CORPORATE FUNDS
140,318.00
TOTAL
4,537,575.00
.....===
APPLICATION OF FUNDS:
REFUNDING OF SERIES 1982 BONDS
REFUNDING OF SERIES 1986 BONDS
DEBT SERVICE RESERVE FUND
CAPITAL AND OTHER EXPENDITURES
UNDERWRITER'S DISCOUNT
ESTIMATED ISSUANCE COSTS
TOTAL
2,613,502.00
1,214,842.00
348,000.00
153,226.00
77,610.00
130,395.00
4,537,575.00
==========
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, MINNESOTA (THE "ISSUER")
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY
OF THE ISSUER'S FIRST MORTGAGE HEALTH CARE
REFUNDING REVENUE BONDS (CASTLE RIDGE
CARE CENTER, INC. PROJECT) SERIES 1989 (THE
"BONDS"), WHICH BONDS AND THE INTEREST AND
ANY PREMIUM THE:1EON SHALL BE PAYABLE
SOLELY FROM REVENUES DERIVED FROM
REVENUES PLEDGED PURSUANT TO THE
INDENTURE; APPROANG THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF
AN INDENTURE OF TRUST, A LOAN AGREEMENT,
AN ESCROW AGREEMENT, AND A BOND PURCHASE
AGREEMENT; APPROVING THE FORM OF A
COMBINATION MORTGAGE, SECURITY
AGREEMENT, AND FIXTURE FINANCING
STATEMENT AND OFFICIAL STATEMENT;
APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF THE BONDS; AND
PROVIDING FOR TI1E SECURITY, RIGHTS AND
REMEDIES OF THE OWNERS OF SAID BONDS
WHEREAS, the City of Eden Prairie, Minnesota (the "Issuer") is a statutory
city duly organized and existing under the Constitution and laws of the State of
M innesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota,
particularly Minnesota Statutes, Sections 469.152 to 469.165, as amended (the
"Act"), the Issuer is authorized to carry out the public purposes described therein
and contemplated thereby by issuing its r ,?venue bonds to refund, in whole or in
part, bonds which it has previously issued, and the interest thereon, and is
authorized to enter into any agreements n i.de in connection therewith and pledge
those agreements as security for the payr, ent of the principal of and interest on
any such revenue bonds; and
WHEREAS, Castle Ridge Care Center, Inc., a Minnesota nonprofit
corporation (the "Company") has requested the Issuer to issue its First Mortgage
Health Care Refunding Revenue Bonds (( astle Ridge Care Center, Inc. Project)
Series 1989 in an aggregate principal an ount of not to exceed $4,000,000 (the
"Bonds") to provide for the funding of a loal (the "Mortgage Loan") to the Company
for the purposes of refunding the Issuer's ;reviously issued First Mortgage Nursing
Home Revenue Bonds (Twin City Christiar, Homes Project) Series 1982, $2,470,000
in aggregate principal amount of which art currently outstanding (the "Series 1982
Bonds"), refunding the Issuer's previously issued First Mortgage Health Care
Revenue Bonds (Castle Ridge Care Center, Inc. Project) Series 1986, $1,175,000 in
aggregate principal amount of which are currently outstanding (the "Series 1986
Bonds"), paying certain other costs asso ,iated with the Company's health care
facility located in the City of Eden Prair e (the "Project"), and providing working
capital to the Company; and
WHEREAS, the Mortgage Loan will be made pursuant to the terms of a Loan
Agreement dated as of May 1, 1989 (the "Loan Agreement") between the Issuer and
the Company; and
WHEREAS, the Issuer proposes to finance the refunding of the Series 1982
Bonds and the Series 1986 Bonds and the other related purposes under the Act by
the issuance of the Bonds of the Issuer under this resolution as hereinafter defined;
and
WHEREAS, the Bonds will be issued under an Indenture of Trust dated as of
May 1, 1989 (the "Indenture") between the Issuer and First Trust National
Association (the "Trustee"), and will be secured by a Combination Mortgage,
Security Agreement and Fixture Financing Statement dated as of May 1, 1989 (the
"Mortgage") from the Company to the Trustee, and a pledge and assignment of
certain other revenues, all in accordance with the terms of the Indenture, and said
Bonds and the interest on said Bonds shall be payable solely from the revenue
pledged therefor and the Bonds shall not constitute a debt of the Issuer within the
meaning of any constitutional or statutory limitation nor shall constitute nor give
rise to a pecuniary liability of the Issuer or a charge against its general credit or
taxing powers and shall not constitute a charge, lien, or encumbrance, legal or
equitable, upon any property of the issuer other than the Issuer's interest in the
Project; and
WHEREAS, in order to comply with the requirements of Section 147(f) of
the Internal Revenue Code of 1986, as amended, the City Council of the Issuer will
hold a public hearing on May 16, 1989, after publication of notice thereof in a
newspaper of general circulation in the City at least fourteen (14) days before the
hearing; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, MINNESOTA, AS FOLLOWS:
1. The Issuer acknowledges, finds, determines, and declares that the
provision of necessary health care facilities, so that adequate health care services
are available to residents of the State at reasonable cost, is a public purpose.
2. For the purposes set forth above, there is hereby authorized the
issuance, sale and delivery of the Bonds in a principal amount or not to exceed
$4,000,000. The Bonds shall be numbered, shall be dated, shall mature, shall be
subject to redemption prior to maturity, shall be in such form, and shall have such
other details and provisions as are prescribed in the Indenture in the form now on
file with the Issuer. The interest rates on the Bonds shall be determined by Miller
6c Schroeder Financial, Inc., the underwriter with respect to the Bonds (the
"Underwriter"), subject to approval of the rates by the City Manager of the Issuer.
Execution of the Indenture and Loan Agreement by the City Manager of the Issuer
shall be evidence of such approval. In no event shall the interest rate exceed nine
and one-half percent (9.5%).
3. The Bonds shall be special obligations of the Issuer payable solely
from the revenues provided by the Company pursuant to the Loan Agreement, the
Mortgage, and other funds pledged pursuant to the Indenture. The City Council of
the Issuer hereby authorizes and directs the Mayor and the City Manager of the
2
7 /
Issuer (the "Mayor", and the "Manager", respectively) to execute and deliver the
Indenture, by and between the Issuer and the Trustee, and to deliver to said Trustee
the Indenture, and hereby authorizes and directs the execution of the Bonds in
accordance with the Indenture, and hereby provides that the Indenture shall provide
the terms and conditions, covenants, rights, obligations, duties and agreements of
the bondholders, the Issuer and the Trustee as set forth therein.
All of the provisions of the Indenture, when executed as authorized herein,
shall be deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Indenture shall be substantially in the form on
file with the Issuer, which is hereby approved, with such necessary and appropriate
variations, omissions and insertions as do not materially change the substance
thereof, or as the Mayor and the Manager, in their discretion, shall determine, and
the execution thereof by the Mayor and the Manager shall be corclusive evidence
of such determination.
4. The Mayor and Manager are hereby authorized and directed to
execute and deliver the Loan Agreement, the Escrow Agreement dated as of May
1, 1989 (the "Escrow Agreement") between the Issuer and First Trust National
Association, as trustee with respect to the Series 1982 Bonds and the Series 1986
Bonds, and the Bond Purchase Agreement dated May 17, 1989 executed by the
Issuer, the Underwriter, and the Company (the "Bond Purchase Agreement"). All of
the provisions of the Loan Agreement, the Escrow Agreement, and the Bond
Purchase Agreement, when executed and delivered as authorized herein, shall be
deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Loan Agreement, the Escrow Agreement, and
the Bond Purchase Agreement shall be substantially in the forms on file with the
Issuer which are hereby approved, with such omissions and insertions as do not
materially change the substance thereof, or as the Mayor and the Manager, in their
discretion, shall determine, and the execution thereof by the Mayor and the
Manager shall be conclusive evidence of such determination.
5. The Bonds shall be revenue obligations of the Issuer the proceeds of
which shall be disbursed pursuant to the Indenture and the Loan Agreement, and
the principal, premium and interest on the Bonds shall be payable solely from the
proceeds of the Bonds, the Loan Agreement and the Mortgage.
6. The form of the Mortgage in substantially the form on file with the
Issuer, is hereby approved, with such omissions and insertions as do not materially
change the substance thereof.
7. The Trustee is hereby appointed as Paying Agent and Bond Registrar
for the Bonds.
8. The Mayor and Manager of the Issuer are hereby authorized to
execute and deliver, on behalf of the Issuer, such other documents as are necessary
or appropriate in connection with the issuance, sale, and delivery of the Bonds,
including the Arbitrage Certificate, and all other documents and certificates as
shall be necessary and appropriate in connection with the issuance, sale and
delivery of the Bonds.
3
9. The Issuer has not participated in the
p
r
e
p
a
r
a
t
i
o
n
o
f
t
h
e
O
f
f
i
c
i
a
l
Statement dated May , 1989 relating to the Bonds (the "Off
i
c
i
a
l
S
t
a
t
e
m
e
n
t
"
)
and has made no independent invest
i
g
a
t
i
o
n
w
i
t
h
r
e
s
p
e
c
t
t
o
t
h
e
i
n
f
o
r
m
a
t
i
o
n
contained therein, including the Appen
d
i
c
e
s
t
h
e
r
e
t
o
,
a
n
d
t
h
e
I
s
s
u
e
r
a
s
s
u
m
e
s
n
o
responsibility for the sufficiency, accuracy or completeness of such infor
m
a
t
i
o
n
.
Subject to the foregoing, the Issuer here
b
y
c
o
n
s
e
n
t
s
t
o
t
h
e
d
i
s
t
r
i
b
u
t
i
o
n
a
n
d
t
h
e
u
s
e
by the Underwriter in connection wi
t
h
t
h
e
s
a
l
e
o
f
t
h
e
B
o
n
d
s
o
f
t
h
e
O
f
f
i
c
i
a
l
Statement in the form on file with Is
s
u
e
r
.
T
h
e
O
f
f
i
c
i
a
l
S
t
a
t
e
m
e
n
t
i
s
t
h
e
s
o
l
e
material consented to by the Issuer for us
e
i
n
c
o
n
n
e
c
t
i
o
n
w
i
t
h
t
h
e
o
f
f
e
r
a
n
d
s
a
l
e
o
f
the Bonds.
10. All covenants, stipulations, obligations a
n
d
a
g
r
e
e
m
e
n
t
s
o
f
t
h
e
I
s
s
u
e
r
contained in this resolution and the afore
m
e
n
t
i
o
n
e
d
d
o
c
u
m
e
n
t
s
s
h
a
l
l
b
e
d
e
e
m
e
d
t
o
be the covenants, stipulations, obligation
s
a
n
d
a
g
r
e
e
m
e
n
t
s
o
f
t
h
e
I
s
s
u
e
r
t
o
t
h
e
f
u
l
l
extent authorized or permitted by law
,
a
n
d
a
l
l
s
u
c
h
c
o
v
e
n
a
n
t
s
,
s
t
i
p
u
l
a
t
i
o
n
s
,
obligations and agreements shall be bin
d
i
n
g
u
p
o
n
t
h
e
I
s
s
u
e
r
.
E
x
c
e
p
t
a
s
o
t
h
e
r
w
i
s
e
provided in this resolution, all rights, p
o
w
e
r
s
a
n
d
p
r
i
v
i
l
e
g
e
s
c
o
n
f
e
r
r
e
d
a
n
d
d
u
t
i
e
s
and liabilities imposed upon the Issuer o
r
t
h
e
C
i
t
y
C
o
u
n
c
i
l
b
y
t
h
e
p
r
o
v
i
s
i
o
n
s
o
f
t
h
i
s
resolution or of the aforementioned doc
u
m
e
n
t
s
s
h
a
l
l
b
e
e
x
e
r
c
i
s
e
d
o
r
p
e
r
f
o
r
m
e
d
b
y
the Issuer or by such members of the Ci
t
y
C
o
u
n
c
i
l
,
o
r
s
u
c
h
o
f
f
i
c
e
r
s
,
b
o
a
r
d
,
b
o
d
y
o
r
agency thereof as may be required or a
u
t
h
o
r
i
z
e
d
b
y
l
a
w
t
o
e
x
e
r
c
i
s
e
s
u
c
h
p
o
w
e
r
s
and to perform such duties.
No covenant, stipulation, obligation o
r
a
g
r
e
e
m
e
n
t
herein contained or
contained in the aforementioned docu
m
e
n
t
s
s
h
a
l
l
b
e
d
e
e
m
e
d
t
o
b
e
a
c
o
v
e
n
a
n
t
,
stipulation, obligation or agreement o
f
a
n
y
m
e
m
b
e
r
o
f
t
h
e
C
i
t
y
C
o
u
n
c
i
l
o
f
t
h
e
1 ssuer, or any officer, agent or employe
e
o
f
t
h
e
I
s
s
u
e
r
i
n
t
h
a
t
p
e
r
s
o
n
'
s
i
n
d
i
v
i
d
u
a
l
capacity, and neither the City Council o
f
t
h
e
I
s
s
u
e
r
n
o
r
a
n
y
o
f
f
i
c
e
r
o
r
e
m
p
l
o
y
e
e
executing the Bonds shall be liable pers
o
n
a
l
l
y
o
n
t
h
e
B
o
n
d
s
o
r
b
e
s
u
b
j
e
c
t
t
o
a
n
y
personal liability or accountability by rea
s
o
n
o
f
t
h
e
i
s
s
u
a
n
c
e
t
h
e
r
e
o
f
.
No provision, covenant or agreement
c
o
n
t
a
i
n
e
d
i
n
t
h
e
a
f
o
r
e
m
e
n
t
i
o
n
e
d
documents, the Bonds or in any other document related to the Bonds, and no
obligation therein or herein imposed u
p
o
n
t
h
e
I
s
s
u
e
r
o
r
t
h
e
b
r
e
a
c
h
t
h
e
r
e
o
f
,
s
h
a
l
l
constitute or give rise to any pecuniary
l
i
a
b
i
l
i
t
y
o
f
t
h
e
I
s
s
u
e
r
o
r
a
n
y
c
h
a
r
g
e
u
p
o
n
i
t
s
general credit or taxing powers. In mak
i
n
g
t
h
e
a
g
r
e
e
m
e
n
t
s
,
p
r
o
v
i
s
i
o
n
s
,
c
o
v
e
n
a
n
t
s
and representations set forth in such do
c
u
m
e
n
t
s
,
t
h
e
I
s
s
u
e
r
h
a
s
n
o
t
o
b
l
i
g
a
t
e
d
i
t
s
e
l
f
to pay or remit any funds or revenues, o
t
h
e
r
t
h
a
n
f
u
n
d
s
a
n
d
r
e
v
e
n
u
e
s
d
e
r
i
v
e
d
f
r
o
m
the Loan Agreement which are to be
a
p
p
l
i
e
d
t
o
t
h
e
p
a
y
m
e
n
t
o
f
t
h
e
B
o
n
d
s
,
a
s
provided therein and in the Indenture.
11. Except as herein otherwise expressly
p
r
o
v
i
d
e
d
,
n
o
t
h
i
n
g
i
n
t
h
i
s
resolution or in the aforementioned docu
m
e
n
t
s
e
x
p
r
e
s
s
e
d
o
r
i
m
p
l
i
e
d
,
i
s
i
n
t
e
n
d
e
d
o
r
shall be construed to confer upon any pe
r
s
o
n
o
r
f
i
r
m
o
r
c
o
r
p
o
r
a
t
i
o
n
,
o
t
h
e
r
t
h
a
n
t
h
e
Issuer or any hclder of the Bonds issued
u
n
d
e
r
t
h
e
p
r
o
v
i
s
i
o
n
s
o
f
t
h
i
s
r
e
s
o
l
u
t
i
o
n
,
a
n
y
right, remedy or claim, legal or equitabl
e
,
u
n
d
e
r
a
n
d
b
y
r
e
a
s
o
n
o
f
t
h
i
s
r
e
s
o
l
u
t
i
o
n
o
r
any provision hereof, this resolution, the
a
f
o
,ementioned documents and all of their
provisions being intended to be and bei
n
g
f
o
r
t
h
e
s
o
l
e
a
n
d
e
x
c
l
u
s
i
v
e
b
e
n
e
f
i
t
o
f
t
h
e
Issuer and any holder from time to time
o
f
t
h
e
B
o
n
d
s
i
s
s
u
e
d
u
n
d
e
r
t
h
e
p
r
o
v
i
s
i
o
n
s
o
f
this resolution .
4
12. In case any one or more of the provisions of this resolution, other
than the provisions contained in the first sentence of Section 3 hereof, or of the
aforementioned documents, or of the Bonds issued hereunder shall for any reason
be halo to be illeggl or invalid, such illegality or invalidity shall not affect any
other provision of this resolution, or of the aforementioned documents, or of the
Bonds, but this resolution, the aforementioned documents, and the Bonds shall be
construed and endorsed as if such illegal or invalid provision had not been contained
therein.
13. The Bonds, when executed and delivered, shall contain a recital that
they are issued pursuant to the Act, and such recital shall be conclusive evidence
of the validity of the Bonds and the regularity of the issuance thereof, and that all
acts, conditions and things required by the laws of the State of Minnesota relating
to the adoption of this resolution, to the issuance of the Bonds and to the execution
of the aforementioned documents to happen, exist and be performed precedent to
and in the enactment of this resolution, and precedent to issuance of the Bonds and
precedent to the execution of the aforementioned documents have happened, exist
and have been performed as so required by law.
14. The officers of the Issuer, attorneys, engineers and other agents or
employees of the Issuer are hereby authorized to do all acts and things required of
them by or in connection with this resolution, the aforementioned documents, and
the Bonds for the full, punctual and complete performance of all the terms,
covenants and agreements contained in the Bonds, the aforementioned documents
and this resolution. In the event that for any reason the Mayor of the Issuer is
unable to carry out the execution of any of the documents or other acts provided
herein, any other member of the City Council of the Issuer shall be authorized to
act in his capacity and undertake such execution or acts on behalf of the Issuer
with full force and effect, which executions or acts shall be valid and binding on
the Issuer. If for any reason the Manager of the Issuer is unable to execute and
deliver the documents referred to in this Resolution, such documents may be
executed by a member of the City Council or the City Clerk, with the same force
and effect as if such documents were executed and delivered by the Manager of the
Issuer.
15. The effectiveness of this resolution is expressly conditioned upon the
holding of a public hearing with respect to the Bonds, and shall not be considered
effective unless and until such public hearing is conducted.
16. This resolution shall be in full force and effect from and after its
passage, subject to the terms of Section 15 hereof.
Adopted by the City Council of the City of Eden Prairie this day of May, 1989.
Mayor
City Clerk
5 2' I
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation
&
N
a
t
u
r
a
l
Resources -74c_
DATE: April 20,1989
SUBJECT: Rental Policies for Outdoor Cente
r
The Outdoor Center has been operating since
t
h
e
f
a
l
l
o
f
1
9
8
8
u
n
d
e
r
a very vague set of policies generally follo
w
i
n
g
t
h
e
u
s
e
o
f
o
t
h
e
r
outdoor park shelters. It is quite clea
r
,
h
o
w
e
v
e
r
,
t
h
a
t
t
h
e
Outdoor Center, having a staff person assi
g
n
e
d
t
o
t
h
a
t
f
a
c
i
l
i
t
y
for 20 hours a week, is quite different
f
r
o
m
a
t
y
p
i
c
a
l
p
a
r
k
shelter. It requires policies relating to th
e
t
y
p
e
o
f
u
s
e
,
a
s
w
e
l
l
as priority use and fees, for various groups
t
h
a
t
w
i
s
h
t
o
u
s
e
t
h
e
facility. Attached to this memo are the
s
e
t
o
f
g
o
a
l
s
f
o
r
t
h
e
purpose of the Outdoor Center and a proposed
r
e
n
t
a
l
p
o
l
i
c
y
f
o
r
t
h
e
Outdoor Center submitted by Roderick Mac
R
a
e
,
O
u
t
d
o
o
r
C
e
n
t
e
r
Coordinator. These fees have been revi
e
w
e
d
b
y
t
h
e
P
a
r
k
s
,
Recreation and Natural Resources staff and by
t
h
e
P
a
r
k
s
,
R
e
c
r
e
a
t
i
o
n
and Natural Resources Commission at their A
p
r
i
l
1
7
t
h
m
e
e
t
i
n
g
.
A
copy of the minutes of the April 17th meetin
g
a
r
e
a
l
s
o
a
t
t
a
c
h
e
d
.
The general fee structure is set up to l
i
m
i
t
t
h
e
u
s
e
o
f
t
h
e
facility to Eden Prairie groups, other
t
h
a
n
s
o
m
e
l
i
m
i
t
e
d
professional association use, and for th
e
f
e
e
s
t
o
c
o
v
e
r
t
h
e
supervisory cost to the City, rather than cov
e
r
i
n
g
t
h
e
e
n
t
i
r
e
c
o
s
t
of heat, lights, and maintenance of the f
a
c
i
l
i
t
y
.
T
h
e
g
e
n
e
r
a
l
philosophy being that the City should encoura
g
e
t
h
e
m
a
x
i
m
u
m
u
s
e
o
f
this exiting recreation facility, rather tha
n
l
i
m
i
t
i
n
g
t
h
e
u
s
e
t
o
a few groups that might be able to affor
d
a
h
i
g
h
e
r
f
e
e
.
T
h
e
professional groups would be paying for
t
h
e
m
a
i
n
t
e
n
a
n
c
e
a
n
d
operation costs of the building, but would n
o
t
b
e
p
a
y
i
n
g
f
o
r
a
n
y
supervisory fees as only professional gr
o
u
p
s
t
h
a
t
w
o
u
l
d
b
e
associated with City staff would be allowed to
u
s
e
t
h
e
b
u
i
l
d
i
n
g
a
n
d
it is presumed that a City staff person would
b
e
p
r
e
s
e
n
t
.
The Parks, Recreation and Natural Resourc
e
s
C
o
m
m
i
s
s
i
o
n
a
p
p
r
o
v
e
d
this policy and requested a reevaluation in
t
h
e
f
a
l
l
o
f
1
9
8
9
.
Staff recommends Council approval
per the Parks, Recreation and Natural Resources Commission recommendation.
An additional concern not addressed at the
C
o
m
m
i
s
s
i
o
n
m
e
e
t
i
n
g
i
s
the fee that should be imposed of priva
t
e
/
f
a
m
i
l
y
u
s
e
o
f
t
h
e
facility by a City staff person. Staff would
r
e
c
o
m
m
e
n
d
t
h
e
m
i
n
i
m
u
m
fee of $10 per hour is the staff person v
o
l
u
n
t
e
e
r
s
t
o
o
p
e
n
a
n
d
supervise the building for a private functio
n
.
BL:mdd
MEMORANDUM
TO: Bob Lambert, Director of Parks, Recreation & Natural
Resources
THRU: Laurie Helling
Lyndell Frey
FROM: Roderick MacRae, Outdoor Center
SUBJECT: Proposed Rental Policies for Staring Lake Outdoor Center
Attached is the final draft of the rental and use polices which are
being proposed for the Outdoor Center. This draft represents the
work of several staff and the input of a great variety of
viewpoints. We herewith recommend its presentation to the Parks,
Recreation and Natural Resources Commission. I trust that the
Commission will give due consideration to certain concerns
expressed in this memorandum.
A new policy designed expressly for the Outdoor Center is needed
at this time. As a program facility with a professional staff
person attached, it is important that we develop policies which
reflect the rich potential for the use and programming of the
Center.
The basic question is whether or not this facility should be viewed
as a fully tax-subsidized facility or whether it should aenerate
operational income. The dilemma is what, if any, fee should be
charged for the direct cost of staff supervision, (generally the
$25 basic charge, plus $5 per hour to remain on site).
It is the writer's belief that the Outdoor Center is a unique
facility that appropriately should be used to recover some of its
operating costs. Unlike the park shelters, which should be
available without limits, the Outdoor Center is a more elaborate
and costly building to maintain. Special equipment, furnishings
and decor are needed at the Center that are not generally available
in other buildings.
The principle of a "user fee" is well established in outdoor
recreation. I believe that a fair fee schedule can be developed
which would not be an undue burden to our citizens and would not
inhibit use of the facility. Most importantly, it would establish
a basic hourly fee structure which could be adjusted upward (or
downward) as future conditions warrant. It is my belief that this
structure would better serve Eden Prairie tax-payers over the long
term. An "alternative fee schedule" may be addressed to increase
revenue after the first year of operation.
q A3
DEFINITION OF GROUPS:
1. CITY OF EDEN PRAIRIE programs to include youth, adult, senior
citizen, adaptive recreation, leisure programs, government or
commission meetings.
2. SCHOOL DISTRICT programs to include K-12 activities, Community
Education, student co-curricular, parent groups, environmental
education.
3. COMMUNITY PROGRAMS to include community service organizations,
fraternal associations, churches, athletic and youth
associations, neighborhood associations, families and individual citizens, business and corporate groups. The rental
user must live or work in Eden Prairie.
4. PROFESSIONAL ASSOCIATIONS limited to membership or professional
development associations whose primary purpose is to promote,
nurture, and service the recreation profession. The purpose
of the use must be of benefit to the Eden Prairie Recreation
program and must be endorsed by a Eden Prairie Recreation Staff
person who will participate in the meeting.
RENTAL FEES:
(These fees are not true "rental" but reflect the actual cost of
staff supervision for the time of the meeting. Our policies
require a staff supervisor to be on duty at all times when the
Center is in use.)
1. CITY PROGRAMS No Fee.
2. SCHOOL PROGRAMS $5.00/hour (no deposit)
3. COMMUNITY GROUPS $25/first hour plus
$5/first hour thereafter,
($50 deposit required)
4. PROFESSIONAL GROUPS $10/hour (no aeposit)
RENTAL POLICIES:
1. The Outdoor Center shall be available for rental when not
programmed for S.L.O.C. activities. Generally, this will be
Friday, Saturday and Sunday. Selected weekdays and evenings
may be available upon request. Hours available shall be 7:00
A. M. to 10 P. M.
2. Priority use to be given to the user groups defined beginning
with CITY programs and continuing through PROFESSIONAL.
3. Youth groups (under age 18) shall provide one adult chaperone
per 10 participants.
gAti
4. Overall group size is limited to 50 persons.
5. Beer and wine are the only alcoholic beverages permitted. Beer
kegs are not allowed.
6. Group leader shall remain at the building until the designated
park attendant arrives with key to close facility.
7. User groups are expected to clean the facility following their
use to the following standards:
a. Return furniture to the appropriate configuration that was
in place upon arrival.
b. Bag all trash securely and place in outside containers.
c. Wipe, or mop, food and beverage spills on tables, floor,
counters, or furniture.
d. Leave building in "broom clean" condition.
INTERPRETIVE EXAMPLES OF USER GROUPS:
COMMUNITY GROUPS: Family parties, wedding receptions; service
clubs with a commercial use; any social event.
Tiger Cubs, Cub Scouts, Boy Scouts, Youth
Development Board, EP Soccer Association or
other athletic groups, Lions, Optimists,
Rotary, Jaycees, P.R.O.P., Alcoholics
Anonymous, etc.
RECREATION/PROFESSIONAL: American Camping Association (ACA);
Minnesota Parks and Recreation
Association (MRPA); Association of
Experiential Education (AEE); The Nature
Conservancy; Minnesota Parks and Trails
Foundation; and others defined by staff.
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. April 17, 1989
-2-
VII. NEW BUSINESS
A. September 12 Meeting with City Council
Refer to memo dated March 30, 1989 from Carl Jullie, City
Manager.
This is an information item only.
B. Rental Agreement for Outdoor Center
Refer to memo from Roderick MacRae, Outdoor Center.
Rod highlighted his proposal and how it differed from
the old policy. He defined the four groups: City of Eden
Prairie, school district, community programs and
professional associations.
Rental fees were proposed as follows:
City programs - No fee
School programs - $5/hr. (no deposit)
Community groups - $25/first hr. plus $5/hr. thereafter
($50 deposit)
Professional groups - $10/hr. (no deposit)
The question being raised is whether this facility should
be fully tax subsidized or whether it should generate
operational income and what fee should be charged for
the direct cost of staff supervision.
Baker said he understands why a fee structure needs to
be in place, but what is the opposite argument. MacRae
said the other position is that the citizens of Eden
Prairie have already paid for this building and also pay
taxes to keep it open. They should not have to pay a
rental fee if a staff person is presented. Baker said
he feels this is a subtle argument, but that the outdoor
center is actually more like a park shelter although park
shelters are not staffed.
Cook asked if the statement in the memo under rental fees
for community groups should read $25 first hour plus $5
per hour thereafter. MacRae said this was a typographical
error.
OP,C9
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. April 17, 1989
-3-
Cook said he feels there is quite a difference between scout
groups and Lions, etc. and these groups should not be grouped
together. MacRae said the current fee structure is schools
$5 per hour; community groups $10 per hour; professional groups
$15 per hour and social and corporate groups $20 per hour.
Cross said the problem with having too many categories is
that the person taking the reservation has to decide which
category the group is included in.
Melling noted that the rental foes for tho outdoor center
is supplementary income, as this building is used mainly for
outdoor programs.
Cook agreed that it is necessary to have some type of fee
structure.
Richard asked if the outdoor center is rented 35% of the time
now. MacRae said no, but that, hopefully, it will be in the
future.
Baker commented that he was uncomfortable with the fee
structure for scout groups, as they are running on a very
limited income.
Cook asked if it would be possible to keep the groups as they
are, but have scholarships available to cover use on an as
nee d basis to be determined by staff.
Melling said that the cost for community groups is to have
a staff person open and close the building and if they weren't
charged a fee, the City would be subsidizing those
organizations.
Breitenstein said she feels the fee structure should remain
as it is.
Baker brought up the possibility of charging all groups the
same fee.
Melling commented that the school gives the City the use of
gyms, etc. at one-half the cost. If the City were to increase
their fees to the schools, our cost to use school facilities
would most likely go up.
Cook said he does not understand why the professional groups
are paying less than other groups. Helling said that there
would already be a staff person present at these meetings
to open and close the building, so an additional staff person's
time would not be necessary.
gAte)
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. April 17, 1989
-4-
MOTION: Baker moved to recommend approval of staff's
recommendation for a fee structure for the outdoor center
with a re-evaluation in the fall. He wanted the staff
to keep a record of any complaints they received concerning
the fee structure. Cook seconded the motion.
On call for discussion, Richard said he would like to
see a list of who is actually using the outdoor center.
The motion passed 4-0.
C. Pedestrian System and Maintenance
Refer to memo dated April 12, 1989 from Barb Cross,
Landscape Architect.
Barb said the present policy is to put an 8' bituminous
bikeway on one side of the road and a S' concrete sidewalk
on the other side of all collector roads. On collector
streets where traffic is too heavy or fast for bicycle
traffic, an 8' pathway is added. On through streets
passing through residential neighborhoods where traffic
does not justify a separate bike trail but is too heavy
for pedestrians or kids on bikes, 5' concrete walkways
are required. Over the past few months, the Planning
Commission has been recommending sidewalks on nearly every
street except cul-de-sacs.
Baker gave his opinion on the following questions:
Should the City require sidewalks to be installed on every
new street except cul-de-sacs? Traffic should be studied
before sidewalks are installed, but he did not want to
see them all over town.
Should the City have sidewalks or a trail on both sides
of the street to eliminate the need to cross the street?
It is not necessary unless traffic in the area is heavy.
How heavy must traffic be before a sidewalk is installed
on a roadway within a subdivision? Very heavy. Should
be looking at collector streets where traffic is heavy.
Cross said this is what the Planning Commission has been
recommending, but they may not be aware that the City
is responsible for maintaining them.
Baker asked what the annual cost is for maintenance of
sidewalks on a per mile basis. Cross did not know, but
would find out.
On whether the City should continue to be responsible
for maintaining sidewalks including snow removal, Cross
said most sidewalks are not plowed daily and staff said
residents have not been required to clear them.
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Rec
r
e
a
t
i
o
n
&
N
a
t
u
r
a
l
Resources....
DATE: April 20,1989
SUBJECT: 4th of July Celebration Vend
o
r
s
In June 1988, the City received a request from
a
p
r
i
v
a
t
e
v
e
n
d
o
r
f
o
r
selling necklaces at the 4th of July
c
e
l
e
b
r
a
t
i
o
n
.
T
h
e
C
i
t
y
C
o
u
n
c
i
l
reviewed the past policy of restricti
n
g
v
e
n
d
o
r
s
a
t
t
h
e
4
t
h
o
f
J
u
l
y
celebration to local service organi
z
a
t
i
o
n
s
,
b
u
t
r
e
q
u
e
s
t
e
d
C
i
t
y
staff to research the pros and cons of
a
l
l
o
w
i
n
g
o
t
h
e
r
v
e
n
d
o
r
s
,
s
u
c
h
as private vendors, businesses, and c
h
u
r
c
h
e
s
,
t
o
a
t
t
e
n
d
t
h
e
4
t
h
o
f
July celebration.
Laurie Melling, Manager of Recreatio
n
S
e
r
v
i
c
e
s
,
t
h
e
s
t
a
f
f
p
e
r
s
o
n
responsible for supervising the 4th of
J
u
l
y
c
e
l
e
b
r
a
t
i
o
n
,
c
o
m
p
l
e
t
e
d
a survey of other communities to d
e
t
e
r
m
i
n
e
t
h
e
i
r
p
o
l
i
c
i
e
s
o
n
vendors, as well as budgets for firew
o
r
k
s
d
i
s
p
l
a
y
s
,
i
n
o
r
d
e
r
t
o
provide the City Council with a c
o
m
p
a
r
a
t
i
v
e
l
o
o
k
a
t
o
t
h
e
r
communities' 4th of July celebrati
o
n
s
.
A
c
o
p
y
o
f
M
s
.
H
e
l
l
i
n
g
'
s
April 13th memo to the Parks, Recre
a
t
i
o
n
a
n
d
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
Commission and City Council is attache
d
.
On April 17th, the Parks, Recrea
t
i
o
n
a
n
d
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
Commission reviewed Ms. Helling'
s
m
e
m
o
a
n
d
a
c
o
p
y
o
f
t
h
o
s
e
unapproved minutes are also attache
d
.
T
h
e
P
a
r
k
s
,
R
e
c
r
e
a
t
i
o
n
a
n
d
Natural Resources Commission c
o
n
c
u
r
r
e
d
w
i
t
h
t
h
e
s
t
a
f
f
recommendation to continue not allowi
n
g
p
r
i
v
a
t
e
v
e
n
d
o
r
s
a
t
t
h
e
4
t
h
of July celebration, but to limit ven
d
o
r
s
t
o
E
d
e
n
P
r
a
i
r
i
e
s
e
r
v
i
c
e
clubs, other Eden Prairie organizatio
n
s
,
c
h
u
r
c
h
e
s
a
n
d
b
u
s
i
n
e
s
s
e
s
.
The Parks, Recreation and Natural Re
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
h
a
d
s
o
m
e
question on whether or not businesses
s
h
o
u
l
d
h
a
v
e
t
h
e
s
a
m
e
p
r
i
o
r
i
t
y
as public service organizations, ch
u
r
c
h
e
s
,
e
t
c
.
S
t
a
f
f
f
u
r
t
h
e
r
recommended that returning vendors sho
u
l
d
b
e
g
u
a
r
a
n
t
e
e
d
t
h
e
i
r
s
a
m
e
concessions items from year-to year, a
n
d
r
e
t
u
r
n
i
n
g
a
n
d
n
e
w
v
e
n
d
o
r
s
should be able to select any concess
i
o
n
i
t
e
m
n
o
t
a
l
r
e
a
d
y
b
e
i
n
g
provided. Duplication of conces
s
i
o
n
i
t
e
m
s
s
h
o
u
l
d
a
l
s
o
b
e
restricted.
The Parks, Recreation and Natural
R
e
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
a
l
s
o
recommended that the City staff sho
u
l
d
p
r
o
m
o
t
e
o
t
h
e
r
c
o
m
m
u
n
i
t
y
organizations to get involved in the
4
t
h
o
f
J
u
l
y
c
e
l
e
b
r
a
t
i
o
n
.
BL:mdd
9Ac)
MEMORANDUM:
TO: Eden Prairie Parks, Recreation and Natural Resources Commission and
Eden Prairie City Council
THROUGH: Bob Lambert, Director of Parks, Recreation & Natural Resources
FROM: Laurie Melling; Manager of Recreation Services
DATE: April 13, 1989
SUBJECT: 4th of July Celebration Vendors
On Tuesday, July 4, the City of Eden Prairie will be hosting it s fourth annual
4th of July Celebration at Round Lake Park. Last summer the following
organizations provided refreshments and concessions throughout the day,
beginning at noon and continuing through the fireworks display:
Eden Prairie Lions: Beer Garden
Eden Prairie Historical and Cultural Commission: Ice Cream Social
Rotary Club of Eden Prairie: Pop, Popcorn, Lemonade, Hot Dogs and Tropical Snow
Ice Slush
LaLeche League: Bake Sale Goods
The City of Eden Prairie has been approached by private vendors and local church
organizations, requesting to sell concessions at this year's 4th of July
Celebration. At this time, we do not have a set policy on:
1. What type of vendors should be allowed to sell concessions at the 4th of
July Celebration (service clubs, churches, local businesses, private
vendors)?
2. Should there be a vendor's fee for any of these organizations?
3. Should we restrict the duplication of concession items, and regulate
concession prices?
I have contacted various communities throughout the metro area who host 4th of
July Celebrations, researching their involvement with vendors. The following
communities do not allow any private vendors at their 4th of July Celebration:
Richfield, Edina, Chanhassen, Plymouth, Wayzata, Chaska and St. Paul.
Excelsior, Bloomington and Maplewood allow private vendors at their 4th of July
Celebration. Excelsior charges private vendors $100.00/day. Bloomington
charges private vendors, churches and service clubs $75.00/day. Maplewood
charges private vendors 10% of the gross.
Other than Bloomington, none of the communities I contacted charge a vendor fee
to local service clubs or churches.
q 33
Several communities have local churches providing concession at their 4th of
July Celebration. All communities said they would allow local ehul:ch vendors,
if the request was made.
The following advantages were given for including private vendors: 1) expands
variety of concession items, 2) requires less staff involvement, 3) concession
preparation would be easier, 4) left-over concession items wouldn't be a
concern, 5) abide by health restrictions, 6) professional, 7) provide revenue
for the event.
The following disadvantages were given for including private vendors: 1) higher
concession prices, 2) cuts into the fund-raising efforts of community service
clubs, 3) detracts from the small town/home town philosophy.
Four communities do not regulate or restrict concession items. Six of the
communities do not allow duplication of concession items, unless they are high
demand or specialty items. All communities try to supply a variety concession
items, priced comparatively with the other vendors.
The City of Eden Prairie will have a $7,000.00 Fireworks Display this 4th of
July. For comparison purposes, listed are the '89 Fireworks Display anticipated
budgets for each community:
Bloomington
Maplewood
Wayzata
Richfield
Excelsior
Edina
Chanhassen
Chaska
Plymouth
St. Paul
$15,000.00 - $40,000.00 "Summer Set"
18,000.00
18,000.00
10,000.00
8,000.00
7,500.00
5,000.00
3,500.00
3,000.00 "Music in Plymouth"
-0- -Fireworks at Taste of MN"
I would like to recommend that the City of Eden Prairie does not allow private
vendors at the 4th of July Celebration. The following organizations should be
allowed to sell concessions at the 4th of July Celebration: Eden Prairie
service clubs, organizations, churches and businesses. Vendor priority should
be as follows:
1. Returning Eden Prairie service clubs
2. Returning Eden Prairie organizations, churches and businesses
3. New Eden Prairie service clubs
4. New Eden Prairie organizations, churches and businesses
I also recommend that there should not be a vendors fee for any of these
organizations.
Returning vendors should be guaranteed their same concession item(s) from year
to year. Returning and new vendors should be able to select any concession item
not already being provided. Staff should restrict duplication of concession
items, and make recommendations of concession prices.
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. April 17, 1989
-7-
2. Hidden Ponds Park Entry
Refer to letter dated March 31, 1989 from Bob Lambert,
Director of Parks, Recreation and Natural Resources.
Barb said that a letter was received from Tom and
Karen Thompson about fast traffic at the entrance
to Hidden Ponds Park. Barb said the entrance to the
park looks like a street.
Cook asked about the possibility of a speed bump.
Barb said it was considered, but because of liability,
the City will not consider speed bumps.
MOTION: Baker moved to recommend proceeding with
erection of a "Park Entry-Park Closes at 10 p.m."
sign opposite the Hidden Parks entry sign, erecting
a stop sign and stop ahead sign, removing or trimming
vegetation along northwest side of entry road, install
a park gate and sending a letter to ballplayers or
managers of teams warning them of new signs and how
they will be enforced. Cook seconded the motion
and it passed 4-0.
C. Reports of Manager of Parks and Natural Resources
1. Arbor Day Proclamation
Refer to memo dated April 12, 1989 from Stu Fox,
Manager of Parks and Natural Resources.
This is an information item only.
D. Reports of Recreation Manager and Supervisors
1. 4th of July Vendors
Refer to memo dated April 13, 1989 from Laurie Belling,
Manager of Recreation Services.
Lori contacted several other communities about private
vendors at their 4th of July celebrations. The
majority did not allow private vendors. Excelsior
charged $100 per day, Bloomington charges $75 per
day and also charges service groups and Maplewood
charges 10% of gross. The advantages and disadvantages
of including private vendors was included in the memo
along with budgets for the various communities
fireworks displays. Laurie also discussed vendor
priority and recommends not allowing private vendors,
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, REC. & NATURAL RESOUR
C
E
S
C
O
M
M
.
A
p
r
i
l
1
7
,
1
9
8
9
-a -
Baker asked if service groups could be co
n
t
a
c
t
e
d
enco ,;raging them to get involved in the cele
b
r
a
t
i
o
n
,
t
h
u
s
taking some of the burden of community se
r
v
i
c
e
g
r
o
u
p
s
.
stated that this would be a good fund ra
i
s
e
r
f
o
r
E
d
e
n
Prairie service groups, organizations and
c
h
u
r
c
h
e
s
a
n
d
that businesses should be excluded.
Laurie said groups using a private vendo
r
t
o
p
r
o
v
i
d
e
t
h
e
i
r
concessions would be given a lower prior
i
t
y
.
Cook asked if a private vendor is involv
e
d
,
h
e
f
e
e
l
s
t
h
e
service group should also provide volunt
e
e
r
s
t
o
r
u
n
t
h
e
concession.
Baker also suggested that some type of id
e
n
t
i
f
i
c
a
t
i
o
n
,
i.e. caps, be used by service groups so
t
h
e
p
u
b
l
i
c
k
n
o
w
s
who they represent. Laurie said groups c
o
u
l
d
b
e
e
n
c
o
u
r
a
g
e
d
to do this.
Cook reiterated that no pull tabs will b
e
a
l
l
o
w
e
d
.
L
a
u
r
i
e
said that is correct.
Richard asked if there is a recommended o
r
s
u
g
g
e
s
t
e
d
l
i
s
t
of novelty items. Laurie said no, but st
a
f
f
c
o
u
l
d
c
o
m
e
up with a list of vending items.
Baker said he feels the more activities t
h
a
t
a
r
e
o
f
f
e
r
e
d
,
the better the celebration will be.
Laurie has suggested that another stage
be used for non-musical entertainment.
MOTION: Richard moved to recommend appro
v
a
l
o
f
s
t
a
f
f
'
s
suggestion not to use private vendors at
t
h
e
4
t
h
o
f
J
u
l
y
celebration. Cook seconded the motion a
n
d
i
t
p
a
s
s
e
d
4
-
0.
2. Spring into Summer
Refer to memo dated March 30, 1989 from B
o
b
L
a
m
b
e
r
t
,
Director of Parks, Recreation and Natura
l
R
e
s
o
u
r
c
e
s
.
This is a request to use the Community Ce
n
t
e
r
o
n
M
a
y
1
9
-
20 for a joint City Junior High party and
S
e
n
i
o
r
H
i
g
h
party.
MOTION: Cook moved to recommend approval
f
o
r
u
s
e
o
f
t
h
e
Community Center on May 19-20 for the joi
n
t
C
i
t
y
J
u
n
i
o
r
and Senior High parties. Baker seconded
t
h
e
m
o
t
i
o
n
a
n
d
it passed 4-0.
MEMORANDUM
Mayor and City Council
Parks, Recreation and Natural Resources Commission
Carl Jullie, City Manager
Bob Lambert, Director of Parks, Recreation & Natural
Resourcesipo,
April 25, 1989
SUBJECT: Park Use Ordinance Revisions
The existing Park Use Ordinance restricts the use of alcohol at two
locations within the park system: the first is Flying Cloud
Ballfields and the second is within Round Lake Park north of Valley
View Road. Staff recommends the City consider expanding the
restricted use of alcohol to three neighborhood parks that serve
elementary school park sites. Those three parks include Forest
Hills School/Park, Prairie View School/Park and Eden Lake
School/Park.
Even though these parks are City land and the City could continue
to allow the use of alcohol at these parks, there is a State law
that prohibits the use of alcohol on public school grounds, and due
to the joint use of these parks as school playgrounds the staff
would recommend eliminating the use of alcohol at these park sites.
There have not been any serious problems with alcohol abuse at
these three park sites; however, an example of some growing concern
is that three days in a row the principal at Forest Hills called
to indicate that her staff had to have the children at Forest Hills
walk around the two softball fields to pick up beer bottles and
beer cans that were left there by the teams using those fields the
previous evening. The school staff were especially concerned as
some of the beer bottles were half full of beer.
City staff have contacted representatives from those various teams
indicating that if there is a report of their team leaving any
field in that condition again, they will not be given "returning
team" status for getting into the softball league the following
year.
The Parks, Recreation and Natural Resources Staff are also
recommending the City Council consider a revision to the Park Use
Ordinance that would require individuals to remove privately owned
vehicles from parks during the hours which the park is closed. The
existing ordinance language indicates that people must leave the
park at 10:00 P. M., however, some individuals have decided that
park parking lots are a convenient place to park extra automobiles
rather than in their garage or their own driveway. As long as tho
automobiles are moved every 48 hours there is no City ordinance
that restricts this use of City property.
TO:
THRU:
FROM:
DATE:
The Parks, Recreation and Natural Resources Staff request the City
Council direct the City Attorney to make these draft changes to the
Park Use Ordinance and submit these ordinance revisions for the
proper public hearing.
BL:mdd
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation & Natural Resources Commission
THRU: Bob Lambert, Director of Parks, Recreation & Natural
Resources
FROM: Barbara Penning Cross, Landscape Architect
DATE: April 25, 1989
SUBJECT: Request Authorization to Solicit Bids for Tennis Court
Construction at Franlo and Wyndham Knoll Park
Franlo Park was initially constructed in June of 1985. Over the
years facilities at the park have been added, and now include:
• 2 regulation soccer fields
• 1 softball field
• 1 baseball field
• play equipment
• parking for 96 cars
A tennis court and multi-purpose court was graded, and base rock
was installed, during the initial construction. The neighborhoods
around the park have grown and the City has received a number of
calls requesting the tennis courts and multi-purpose court be
constructed.
Wyndham Knoll Park was graded last summer after several years of
delays caused by the developer. Facilities at the park now
include:
• a football field
• a softball field
• parking for 18 cars
• play equipment
City staff has received many phone calls from residents in this
growing area requesting the tennis courts be constructed.
Parks, Recreation and Natural Resources Staff is requesting
authorization to advertize for bids to construct 2 tennis courts
and a multi-purpose court at Franlo Park and 2 tennis courts at
Wyndham Knoll Park. These projects are being combined in order to
receive more favorable bids. Money for the tennis court
improvements will come from cash park fees.
BPC:mdd
936
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-81
RESOLUTION ORDERING IMPROVEMENTS AND
PREPARATION OF PLANS AND SPECIFICATIONS
WHEREAS, a resolution of the City Council ad
o
p
t
e
d
t
h
e
4
t
h
d
a
y
o
f
A
p
r
i
l
,
1
9
8
9
fixed the 2nd day of May, 1989 as the da
t
e
f
o
r
a
p
u
b
l
i
c
h
e
a
r
i
n
g
o
n
t
h
e
following proposed improvements:
I.C. 52-152 (Cedar Ridge Storm Sewer)
WHEREAS, ten days published notice of the C
o
u
n
c
i
l
h
e
a
r
i
n
g
t
h
r
o
u
g
h
t
w
o
w
e
e
k
l
y
publications of the required notice was given and the hearing wa
s
h
e
l
d
o
n
t
h
e
2nd day of May, 1989 at which all persons d
e
s
i
r
i
n
g
t
o
b
e
h
e
a
r
d
w
e
r
e
g
i
v
e
n
a
n
opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN P
R
A
I
R
I
E
C
I
T
Y
C
O
U
N
C
I
L
:
I. Such improvement is hereby ordered.
2. The City Engineer is hereby designed
a
s
t
h
e
E
n
g
i
n
e
e
r
f
o
r
t
h
i
s
project and is hereby directed to prepare pl
a
n
s
and specifications for the making of such improvement, wi
t
h
t
h
e
a
s
s
i
s
t
a
n
c
e
o
f
H.T.P.O., consulting engineers.
ADOPTED by the Eden Prairie City Council on
M
a
y
2
,
1
9
8
9
.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Clerk
CITY OF EDEN PRAIRIE
HENNEDIN COUNTY, MINNESOTA
RESOLUTION #89-84
RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN SQUARE SHOPPING CENTER
FOR THE ROBERT LARSEN PARTNERS
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Eden Square Shopping Center for The Robert Larsen
Partners, dated April 27, 1989, consisting of 11.72 acres into three lots, a copy of
which is on file at the City Hall, is found to be in conformance with the provisions
of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is
herein approved.
ADOPTED by the Eden Prairie City Council on the 2nd day of May, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-83
A RESOLUTION APPROVING THE EDEN SQUARE SHOPPING CENTER
PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT
TO THE OVERALL EDEN SQUARE PLMNED HNIT DEVELOPMENT
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for
the Planned Unit Development (PUD) of certain areas located within the City; and,
WHEREAS, the Eden Square Shopping Center development is considered a proper
amendment to the overall Eden Square Planned Unit Development Concept; and,
WHEREAS, the City Planning Commission did conduct a public hearing on the
request of The Robert Larsen Partners for PUD Concept Amendment approval to the
overall Eden Square Planned Unit Development Concept for the Eden Square Shopping
Center development and recommended approval of the PUD Concept Amendment to the City
Council; and,
WHEREAS, the City Council did consider the request on May 2, 1989:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Eden Square development PUD Concept Amendment, being in Hennepin
County, Minnesota, and legally described as outlined in Exhibit A,
is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval to
the overall Eden Square Planned Unit Development Concept as outlined
in the application materials for Eden Square Shopping Center.
3. That the PUD Concept Amendment meets the recommendations of the
Planning Commission dated April 24, 1989.
ADOPTED by the City Council of Eden Prairie this 2nd day of May, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
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STAFF REPORT
TO: Planning Commission
Michael D. Franzen, Senior Planner
Chris Enger, Director of Planning
April 21, 1989
Eden Square Shopping Center Revisions
Northeast quandrant of the intersection of Prairie Center Drive and
U.S. Highway #169
Commercial Partners, Inc.
1. Planned Unit Development Concept Review on 9.59 acres.
2. Planned Unit Development District Review with variances for
number of parking spaces and signs.
3. Zoning District Amendment within the existing Commercial
zoning district.
4. Preliminary Plat of 9.58 acres into one lot.
5. Site Plan Review.
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE OWNERS:
REQUEST:
Background
This site is guided Commercial.
This site is zoned C-Regional
Service according to a 1978 Planned
Unit Development CRUD) for the Eden
Prairie Neighborhood Shopping
Center, containing 82,500 square
feet of building which included a
bank, a 35,000 square foot grocery
store, and two retail buildings
totalling 45,000 square feet. In
1980, a PUD Amendment was requested
by Applebaums Grocery Store. That
request was withdrawn prior to City
Council review. In 1985, the 1978
PUD and zoning was amended for the
83,500 square foot Eden Square
Shopping Center.
78 BEIM Si
OS,F,
AREA L
Eden Square 2 April 21, 1989
Site Plan
Thr approved 1985 plan proposed two buildings totalling 83,500 square feet at a Base
Area Ratio (B.A.R.) of 0.2. The 1989 proposal depicts three smaller retail
buildings totalling 60,794 square feet plus two fast food restaurants (2,100 square
feet and 3,500 square feet) with a B.A.R. at 0.178.
Building and parking areas meet the minimum setback requirements in the C-Regional
Service zoning district.
Parking required for this project would be 481 spaces. This is based on 6 spaces
per 1,000 for the retail buildings and 1 space for every 3 seats for the restaurant
uses on the free-standing sites and within the strip malls. A total of 478 parking
spaces are designated on-site, which includes actual and proof-of-parking. Proof-
of-parking is 16% of the total parking on-site. Staff had previously indicated to
the developer that a 10% maximum would be an acceptable amount of proof-of-parking.
If the proof-of-parking areas along Prairie Center Drive were built, proof-of-
parking would be at 9%. Twenty-four of the proof-of-parking spaces are in loading
areas which cannot be counted. Nineteen of the proof-of-parking spaces are within
planting islands which constitute 4% of the total project which could be used for
future parking. Parking is 27 spaces short of the ordinance requirements. Total
parking available is 451 spaces. This would be a ratio of 6.05 spaces per 1,000
square feet. The 1985 approved plan was based on 5.5 spaces per 1,000 square feet.
The proponent has indicated a cross-parking easement with Sears which can provide
additional parking if needed which makes the variance request reasonable.
It is our understanding that McDonalds may be considering the larger fast food
restaurant site. The existing McDonalds is 55 feet by 75 feet and 4,125 square feet
in building area. The site plan shows a 35 feet by 100 feet and 3,500 square foot
building. We understand that this is a new McDonalds prototype. Since the site
plan is tight, a building larger than this cannot be built without removing parking
and green area. Therefore, the green area should not be diminished with any future
plan for these free-standing sites.
Traffic
The p.m. peak hour trip generation for the approved 83,500 square foot shopping
center is 568 p.m. peak hour trips. The proposed trip generation for the 60,794
square foot strip mall would be 492 trips. The two fast-foot restaurants totalling
6,000 square feet of building would generate approximately 201 trips. The total
p.m. peak hour generation for the new proposal would be 693 p.m. peak hour trips.
BRW has indicated that there can be up to a 25% trip reduction factor with shared
trips associated with multiple destination trips associated with a mixed use
development that relies on an internal private road circulation system. If 18% of
the total trips from this project would be shared, the proposed peak hour generation
would equal the estimate. Staff finds the proposed traffic consistent with the
current BRW estimate.
Archi tecture
Building elevations have been provided for the three strip retail buildings. No
architecture is available at this time for the free-standing fast food restaurant
sites. The three strip retail buildings will be constructed primarily of facebrick
and glass. Three different shades of brown will be utilized to provide for
Eden Square 3 April 21, 1989
definition of the sign band and for variety. There is a canopy across the fronts of
all retail buildings.
Mechanical equipment is proposed to be screened by a parapet
w
a
l
l
a
b
o
v
e
t
h
e
r
o
o
f
line. If after construction the mechanical units are visible a
s
d
e
t
e
r
m
i
n
e
d
b
y
Staff, they must be screened to Code.
The fast food restaurants have not been identified by type. Since
t
h
e
a
r
c
h
i
t
e
c
t
u
r
a
l
plans are not available, the architectural plans will have to be
r
e
v
i
e
w
e
d
b
y
t
h
e
Planning Commission and City Council at a later date prior to
t
h
e
i
s
s
u
a
n
c
e
o
f
a
building permit. Staff is concerned about the architectural co
n
t
i
n
u
i
t
y
w
i
t
h
i
n
t
h
e
project. There needs to be a strong architectural, material, an
d
c
o
l
o
r
t
i
e
t
o
t
h
e
commercial building. The proponent has provided a freestandin
g
b
u
i
l
d
i
n
g
c
r
i
t
e
r
i
a
which identifies common color, materials, roof lines, wall m
a
s
s
i
n
g
,
a
n
d
w
a
l
l
detailing. This is acceptable to Staff.
Landscaping
The amount of landscaping required is based upon a caliper inch r
e
q
u
i
r
e
m
e
n
t
b
a
s
e
d
upon building square footage, screening of parking areas, and scr
e
e
n
i
n
g
o
f
l
o
a
d
i
n
g
areas. A total of 324 caliper inches have been provided on-site. The 1985 a
p
p
r
o
v
e
d
plan contained 493 caliper inches of large trees to screen parki
n
g
,
b
r
e
a
k
-
u
p
t
h
e
large hard surface parking areas, and to soften building mass.
An 8-foot—high architectural brick screen wall is proposed along
t
h
e
b
a
c
k
s
i
d
e
o
f
building #2 to screen the parking areas. Additional shade trees are
n
e
e
d
e
d
b
e
t
w
e
e
n
Firestone and Building 2 to better screen loading. Screening of par
k
i
n
g
n
e
e
d
s
t
o
b
e
improved along the Franlo Road entrance. Since the sidewalk is
a
l
o
n
g
t
h
i
s
s
t
r
e
e
t
frontage, there is no room to berm and screening must rely
s
o
l
e
l
y
o
n
p
l
a
n
t
materials. The shrubs proposed will not screen parking.
Screening of parking areas from Prairie Center Drive and Hig
h
w
a
y
#
1
6
9
w
i
l
l
b
e
difficult. Since the site is at a higher elevation than the road
w
a
y
a
n
d
a
l
l
o
f
t
h
e
space is required for the change in grade, it is not possible to c
o
n
s
t
r
u
c
t
a
b
e
r
m
t
o
screen parking. Therefore screening must rely solely on the
u
s
e
o
f
l
a
n
d
s
c
a
p
e
materials. Additional heavy conifer plantings and mass shrub pl
a
n
t
i
n
g
s
a
r
e
n
e
e
d
e
d
where shown on Attachment A. Since the landscape plan relies h
e
a
v
i
l
y
o
n
t
h
e
u
s
e
o
f
plant materials for screening, an irrigation system is recommende
d
.
Utilities
Sewer and water service can be extended to the property by co
n
n
e
c
t
i
o
n
t
o
u
t
i
l
i
t
i
e
s
along Highway #169 and within the private loop road serving the
s
h
o
p
p
i
n
g
c
e
n
t
e
r
.
Storm water run-off will drain through a series of catch basin
s
t
o
w
a
r
d
s
P
r
a
i
r
i
e
Center Drive and Highway #169.
Pedestrian Systems
A requirement of the 1978 approval was to construct a pedestrian
c
i
r
c
u
l
a
t
i
o
n
s
y
s
t
e
m
which linked different uses on-site and connected to the Ci
t
y
'
s
o
v
e
r
a
l
l
t
r
a
i
l
system. There should be an 8-foot wide bituminous trail along Pr
a
i
r
i
e
C
e
n
t
e
r
D
r
i
v
e
and Highway #169. The trail along Highway #169 should be co
n
s
t
r
u
c
t
e
d
w
h
e
r
e
determined by the Parks and Natural Resources Commission.
CO9-
Eden Square 4 April 21, 1989
There is an internal pedestrian system which consists of a 5-foot wide concrete
sidewalk along Franlo Road and the private interior roadway as well as sidewalks
connecting the three retail buildings.
Signs
A schematic plan for the location of the wall signs has been submitted. Wall signs
have been proposed around the entire building. The back side of the retail building
is proposed for extensive signage. Considering that between 15 to 20 tenants would
be likely for a project of this size, a wall covered with unregulated signs in terms
of quantity, size, location, color, and lighting, would not be visually attractive.
To keep a clean architectural look to the building, it would seem appropriate to
limit the signage beyond the ordinance; however, historically, this has not been
successful.
The building elevations show an architecturally defined signage band area. The
lettering proposed will be individual, back lighted letters. Keeping the signage to
a defined architectural area, designed as part of the overall building appearance,
should provide for a visually attractive and uncluttered look. The developer must
commit to this as a part of the PhD.
The commercial regional service zoning district permits one free-standing sign per
street frontage. The total area of a free-standing sign for a building having more
than one street frontages is one 20 feet high, 80 square feet sign. Each permitted
free-standing sign in excess of one, shall have a sign area not to exceed 36 square
feet. The maximum height of these signs shall not exceed 20 feet. No sign shall be
placed closer than 20 feet to any street right-of-way. Where parking occurs within
one-half of the required front yard, no sign shall be placed closer than 15 feet to
any street right-of-way. In addition, because the project exceeds 5 acres in size,
one area identification sign of 80 square feet in sign surface and 20 feet in height
is permitted.
The plan depicts three pylon signs and three monument signs. Since this site
involves three street frontages, one 80 square—foot sign and two 36 square—foot
signs could be allowed per Code.
Since signs are proposed across the rear of the retail buildings, and wall signs for
two free-standing fast food restaurants, Staff is concerned about sign clutter
between the wall signs and the pylon signs. Total signs should be kept to a
minimum. A poor example of too many wall signs and pylon signs exist across the
street at the Eden Prairie Auto Mall. Since the Code limits one free-standing sign
per street frontage, a PhD waiver will be needed to permit a pylon sign for each
fast food restaurant on Highway 0169. As a trade-off for this waiver, the two fast
food restaurants could share one pylon sign totalling 80 square feet along Highway
#169 with wall signs or trade the wall signs for two pylon signs. Either
alternative is acceptable to Staff. One project identification sign at the
intersection of Highway #169 and Prairie Center Drive can be permitted up to 80
square feet. The three monument signs, though not allowed per City Code, could be
allowed through the PhD District Review. These monument signs are for direction and
project identification rather than for tenant identification.
Lighting
An overall lighting plan has been submitted for review which depicts 351/2-foot poles.
The lighting poles and fixtures should be identical throughout the project.
g=1
Eden Square 5 April 21, 1989
STAFF RECOMMENDATIONS
The Planning Staff would recommend approval of the request for PUD Amendment, PUD
District Review with variances, Zoning District Amendment in the C-Regional zoning
district, and Preliminary Plat for the construction of the project known as Eden
Square based on plans dated March 22, 1989, subject to the recommendations of the
Staff Report, dated April 21, 1989, and subject to the following conditions:
1. Prior to City Council review, proponent shall:
A. Modify the landscape plan to provide for additional heavy coniferous
plantings and mass shrub plantings where shown on Attachment A.
B. Revise the site plan to provide for an eight-foot—wide bituminous
trail along Highway #169.
C. Revise the sign plan so that the fast-food restaurants share one
pylon or trade the wall signs for two pylon signs.
2. Prior to Final Plat approval, proponent shall:
A. Provide the detailed storm water run-off, erosion control plans, and
utility plans for review by the City Engineer.
B. Provide detailed erosion control and storm water run-off plans for
review by the Watershed District.
3. Prior to Building permit issuance, proponent shall:
A. Pay the Cash Park Fee.
B. Provide samples of proposed exterior building material s for review.
C. Notify the City and Watershed District 4.8 hours in advance of
gradi ng.
D. Provide plans for review by the Fire Marshal .
E. Provide an irrigation plan for review.
4. Prior to Building permit issuance for the two free-standing fast food
restaurants, proponent shall return to the Planning Commission and City
Council for review of the site plan and architectural plans.
MAY 2,1989
50315 JIM DEHN TRACTOR CABS
TRACTOR CAB INSULATION-EQUIPMENT MNTC
50316 CITY OF APPLE VALLEY MUNICI-PALS/FEES PAID
50317 MN SW SUBURBANNAACP -EXPENSES-HUMAN RIGHTS & SERVICES
COMMISSION
18 NORTHERN STATES POWER CO
SERVICE
L'u319 U S WEST COMMUNICATIONS
SERVICE
50320 COMMISSIONER OF REVENUE MARCH 89 SALES TAX
50321 MN DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATIONS
50322 MN RECREATION & PARK ASSN
CONFERENCE-SENIOR CENTER
50323 PETTY CASH EXPENSES-CITY HALL
50324 JUDITH ANDERSON
REFUND-FOR KIDS ONLY
50325 COMMISSIONER OF REVENUE
MARCH 89 FUEL TAX
50326 CRAGUN'S RESORT
SCHOOL-WATER DEPT
50327 WENDY DORN
REFUND-ICE SHOW
50328 ALLISON FELL
REFUND-FOR KIDS ONLY
50329 STEVEN FRIEDE
REFUND-FOR KIDS ONLY
50330 JOHN HUMPHREY
REFUND-FOR KIDS ONLY
50331 LARRY LEWIS
REFUND-EXERCISE CLASS
50332 MARIA MORAN
REFUND-FOR KIDS ONLY
50333 MARY PARSONS
REFUND-FOR KIDS ONLY
50334 U S WEST CELLULAR INC
SERVICE
50335 U S WEST COMMUNICATIONS
SERVICE
50336 OPTIMIST CLUB OF EDEN PRAIRIE
SOFTBALL TOURNAMENT REGISTRATION/FEES PAID
50337 CUSTOM FIRE APFARATUS INC
HEAVY RESCUE TRUCK-FIRE DEPT
50338 CITY-COUNTY CREDIT UNION
PAYROLL 4/14/89
50339 VOID OUT CHECK
50340 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION
50341 EXECUTIVE DIRECTOR-PERA MAY 89 LIFE INSURANCE PREMIUM
50342 EXECUTIVE DIRECTOR-PERA PAYROLL 4/13/89 & 4/14/89
' 1 3 FIRST BANK EDEN PRAIRIE PAYROLL 4/13/89 & 4/14/89
. .4 GREAT WEST LIFE ASSURANCE CO PAYROLL 4/21/89
50345 GUARANTEE MUTUAL LIFE COMPANY APRIL 89 LIFE INSURANCE PREMIUM
50346 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION
50347 ICMA RETIREMENT CORPORATION PAYROLL 4/21/89
50348 INTL UNION OF OPERATING END APRIL 89 UNION DUES
50349 MUTUAL BENEFIT LIFE APRIL 89 LIFE INSURANCE PREMIUM
50350 UNITED WAY PAYROLL 4/14/89
50351 COMMISSIONER OF REVENUE PAYROLL 4/13/89 & 4/14/89
50352 AT&T CONSUMER PRODUCTS DIV SERVICE
50353 AT&T SERVICE
50354 MINN ASSOC FOR CRIME VICTIMS CONFERENCE-POLICE DEPT
50355 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE
50356 NORTHERN STATES POWER CO SERVICE
50357 NORTHERN STATES POWER COMPANY SERVICE
50358 CENTRAL DISTRICT WATER OPERATOR'S SCHOOL-WATER DEPT
50359 INVER HILLS COMMUNITY COLLEGE MN COMMUNITY BAND FESTIVAL/FEES PAID
50360 GOVERNMENT TRAINING SERVICE CONFERENCE-ADMINISTRATION
50361 CRAGUN'S CONFERENCE CENTER
CONFERENCE-ADMINISTRATION
50362 SHERYL GALONSKI
REFUND-ADULT BEGINNING GOLF
50363 DOUG HAYDEN
REFUND-MINNESOTA WOLVES PROGRAM
50364 ROGER JOHNSON
REFUND-SWIMMING LESSONS
50365 DENISE KIEFER
REFUND-AQUA AEROBICS
50366 P M MCPHILLIPS
REFUND-SWIMMING LESSONS
50367 MARLEE MESHBESHER
REFUND-RACQUETBALL LEAGUE
5("8 ROBIN REISER
REFUND-ADULT MEMBERSHIP
26464950
115
77.00
78.00
75.00
812.43
4409.35
19816.69
48.00
155.00
50.20
20.00
733.00
237.72
32.00
10.00
10.00
10.00
18.00
10.00
10.00
219.99
180.95
4560.00
114820.00
1363.00
0.00
252.00
99.00
27269.38
54361.57
4391.00
2587.93
194.76
1288.92
897.00
2502.59
246.50
10863.95
33.60
831.75
90.00
55.25
2826.48
7492.80
60.00
25.00
135.00
251.42
27.00
5.00
19.00
15.00
19.00
5.00
47.27
MAY 2,1989
50369 MARILYN SCHMIDT REFUND-SWIMMING LESSONS
50370 MARCUS SYVERSON REFUND-MINNESOTA WOLVES PROGRAM
50371 U S POSTMASTER -POSTAGE-1989 LAWN WATERING Pm ICY NOTICES
WATER DEPT
72 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID
50373 B DALTON BOOKS EXERCISE BOOKS-FITNESS CENTER
50374 MINNETONKA BOAT WORKS 2 BOAT HORNS-RILEY LAKE BEACH
50375 MN DEPT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATIONS & EXCISE TAX
50376 AIRCRAFT ACCIDENT SEMINAR SCHOOL-FIRE DEPT
50377 HOPKINS POSTMASTER POSTAGE-SENIOR CENTER NEWSLETTER
50378 OFFICE PRODUCTS OF MINNESOTA INC CONFERENCE-FINANCE DEPT
50379 STATE TREASURER STATE OF MINNESOT SCHOOL-WATER DEPT
50380 SUBWAY SANDWICHES AND SALADS EXPENSES-ELECTIONS
50381 UNIVERSITY OF WISCONSIN-EXTENSION CONFERENCE-PLANNING DEPT
50382 NANCY GRAUSAM REFUND-FAMILY MEMBERSHIP FEE
50383 JEAN GIBBS REFUND-SWIMMING LESSONS
50384 BROADWAY EQUIPMENT CO CAR WASH SOAP-POLICE DEPT
50385 PETTY CASH EXPENSES-CITY HALL
50386 EAGLE WINE CO WINE
50387 GRIGGS COOPER & CO INC LIQUOR
50388 JOHNSON BROS WHOLESALE LIQUOR LIQUOR
50389 PAUSTIS & SONS CO WINE
50390 ED PHILLIPS & SONS CO WINE
50391 PRIOR WINE CO WINE
50392 QUALITY WINE CO WINE
50393 TOW DISTRIBUTING CORPORATION WINE
50394 THE WINE COMPANY WINE
50395 A & H WELDING & MFG CO SLUDGE DRAIN GRATES-WATER DEPT
50396 ACRO-MINNESOTA INC -OFFICE SUPPLIES-CITY HALL/POLICE DEPT/
-2 DESKS-$460.60-INSPECTIONS/SAFETY/
-FACILITIES DEPT/FILE CABINET-$19I.80-
COMMUNITY CENTER
50397 ADVANCED H E PROGRAM HUNTER EDUCATION INSTRUCTOR/FEES PAID
50398 AIRSIGNAL INC PAGER SERVICE-POLICE DEPT
50399 ALERTING COMMUNICATORS OF AMERICA CIVIL DEFENSE SIREN-POLICE DEPT
50400 AMERICAN LINEN SUPPLY CO -AIR FRESHENER SERVICE-CITY HALL/UNIFORMS-
34.00
5.00
1572.97
84.00
9.95
18.00
1388.67
210.00
70.34
99.00
45.00
234.33
195.00
97.00
20.00
54.00
46.43
1175.44
13005.86
25341.06
269.80
11916.62
2762.63
10983.04
147.35
409.60
2844.00
1374.15
90.00
82.00
13648.22
1691.64
50401 AMERICAN NATIONAL BANK
50402 AMERICAN PLANNING ASSN
50403 AMERICAN WATER WORKS ASSOC
50404 VOID OUT CHECK
50405 ANDERSON'S GARDEN
50406 ANDON INC
50407 AQUATROL CORPORATION
50408 ARMOR SECURITY INC
50409 B R W INC
50410 PATRICIA BARKER
50411 BEACON PRODUCTS COMPANY
5 -'2 BERRY COFFEE COMPANY
9583772
-WATER DEPT/BUILDING INSPECTIONS DEPT/
-FACILITIES DEPT/STREET DEPT/SEWER DEPT,'
-EQUIPMENT MINT/PARK MAINT/COMMUNITY
CENTER/LIQUOR STORE
BOND PAYMENT
SUBSCRIPTION-PLANNING DEPT
BOOKS-WATER DEPT
EXPENSES-FIRE DEPT
-HELIUM TANK/VALVE RENTAL/STRING-SOCIAL
EVENTS
-REPAIR WELL NO. 3 TELEMETRY SYSTEM-WATER
DEPT
LATCH GUARDS/LOCK GUARDS-POLICE DEPT
SERVICE-TRAFFIC STUDY
-EXPENSES-EMPLOYEE RECOGNITION-HUMAN
RESOURCES DEPT
FIELD MARKING PAINT-PARK MAINTENANCE
SERVICE-CITY HALL
270.00
30.00
252.15
0.00
63.99
71.70
515.71
40.70
2737.75
121.17
1040.00
769.45
qg
SERVICE
WASTE DISPOSAL-PARK MAINTENANCE
SERVICE-WATER TREATMENT PLANT EXPANSION
-FILM/FILM PROCESSING-ENGINEERING DEPT/
-POLICE DEPT/FORESTRY DEPT/PLANNING DEPT/
PARK BOND REFERENDUM
-MINUTES-PARKS RECREATION & NATURAL
-RESOURCES COMMISSION/HISTORICAL &
CULTURAL COMMISSION
VEHICLE REPAIR-POLICE DEPT
CUTTING EDGES/SKID SHOES-PARK MAINTENANCE
HOCKEY OFFICIAL/FEES PAID
SERVICE-HAMILTON ROAD
TOOL CADDY KIT-FACILITIES DEPT
CAR WASH SOAP-FIRE DEPT
RACQUETBALL OFFICIAL/FEES PAID
GRAVEL-STREET MAINTENANCE
EMPLOYEE ASSISTANCE-HUMAN RESOURCES
-HEATER SWITCH/BLOWER SWITCH/CONTROL CABLE-
EQUIPMENT MAINTENANCE
MAY 2,1989
50413 BFI MEDICAL WASTE SYSTEMS
50414 BIFFS INC
50415 BLACK & VEATCH
in416 BLACKS PHOTOGRAPHY
50417 LOIS BOETTCHER
50418 MICHAEL BOSACKER
50419 BOYUM EQUIPMENT INC
50420 LEE M BRANDT
50421 BRAUN END TESTING INC
50422 BRISSMAN KENNEDY INC
50423 BROADWAY EQUIPMENT CO
50424 ANDREA BROSCH
50425 BRYAN ROCK PRODUCTS INC
50426 CARLSON & CARLSON ASSOC
50427 CARL SONS LAKE STATE EQUIP CO
37.50
96.24
520.34
643.97
83.24
628.62
150.01
323.00
1783.60
60.00
324.00
110.00
3660.24
240.00
55.95
50428 CENTURION TECHNOLOGY SYSTEMS INC SQUAD CAR SETUP-POLICE DEPT
50429 CHAPIN PUBLISHING COMPANY LEGAL ADS-WATER DEPT
50430 CLAREYS SAFETY EQUIPMENT INC 8 NOZZLES-FIRE DEPT
50431 JAMES CLARK MILEAGE-POLICE DEPT
50432 THE CODE REPORTER SUBSCRIPTION-FIRE DEPT
50433 BUTLER PAPER COMPANY XEROX PAPER-CITY HALL
50434 CEDAR VALLEY HEATING & A/C INC REFUND-MECHANICAL PERMIT
50435 CITIZENS STATE BANK INVESTIGATION-POLICE DEPT
50436 COMMISSIONER OF TRANSPORTATION -SERVICE-PRAIRIE CENTER DRIVE/HWY 5 & EDEN
PRAIRIE ROAD
S7 CONCEPT MICROFILM INC MICROFILMING-ENGINEERING DEPT
50438 SPENCER CONRAD EXPENSES-FIRE DEPT
50439 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-POLICE DEPT/EQUIPMENT MA1NT
50440 CONTECH CONST PRODUCTS INC PIPE/CULVERT BANDS-DRAINAGE CONTROL
50441 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT
50442 CORPORATE RISK MANAGERS INC APRIL 89 INSURANCE CONSULTANT SERVICE
50443 CROWN MARKING INC NAMEPLATES-BUILDING INSPECTIONS DEPT
50444 CULLIGAN SERVICE
50445 CURTIS INDUSTRIES INC -SOCKET SET/SCREWS/WASHERS/SPRAYERS/KEYS/
-ANCHORS-EQUIPMENT MAINT/PARK MAINT/
WATER DEPT
50446 CUSTOM AUTOBODY REPAIR & PAINT 2 TRUCKS-WATER DEPT
50447 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT
50448 D & K PRINTING PLUS INC SIGNS-FACILITIES/ORGANIZED ATHLETICS
50449 GENEVA DANNEWITZ OVERPAYMENT-UTILITY BILLING
50450 DALCO -CLEANING SUPPLIES/SUPPORT/CAGE FLOAT-
WATER DEPT
50451 11 n11U 111 CAPS/5 GENERATORS-WATER DEPT
50452 1 1 SERVICE-EMPLOYEE NEWSLETTER
50453 11 1 11 Hi MARCH 89 WASTE DISPOSAL-STREET MAINTENANCE
50454 11 1 n41 CHLORINE-WATER DEPT
50455 11 (01 LADDER-WATER DEPT
50456 111 111 11 -EXPENSES/CONCESSION STAND SUPPLIES-
COMMUNITY CENTER
5 04 57 ECOLAB PEST ELIMINATION DIVISION APRIL 89 SERVICE-FIRE STATIONS
200.00
158.40
5380.50
33.50
29.50
745.78
66.55
0.75
1705.98
1352.30
104.19
898.54
602.82
109.87
1540.00
31.80
54.60
414.60
1385.61
1595.99
25.79
25.31
324.30
261.95
230.00
12.00
984.00
373.57
176.94
121.50
4 ,6633 5
50477 GAME TIME
50478 KATE GARWOOD
50479 DARRELL GEDNEY
50480 GENERAL OFFICE PRODUCTS COMPANY
50481 GLASS SERVICE CO INC
50482 JOSEPH GLEASON
83 GNERER WELDING INC
84 CITY OF GOLDEN VALLEY
50485 GOVERNMENT TRAINING SERVICE
50486 GRANT MERRITT & ASSOCIATES LTD
50487 GREATER LOS ANGELES CHAPTER
50488 GROSS OFFICE SUPPLY
50489 LEROY GUBA
50490 HACH CO
50491 ROBERT F HANNON III
50492 HANSEN THORP PELLINEN OLSON INC
50493 HAYDEN MURPHY EQUIPMENT CO
50494 HEALY RUFF
50495 HENN CT" DEPT OF PROPERTY TAX
50496 HENNEPIN COUNTY TREASURER
50497 HENNEPIN COUNTY TREASURER
50498 HENN CTY-SHERIFFS DEPT
50499 HENNEPIN COUNTY TREASURER
50500 HENNEPIN TECHNICAL INSTITUTE
50501 HODGES BADGE COMPANY INC
5^6 2 HOWE RICHARDSON DIV
,,o21198
BRACES-PARK MAINTENANCE
MILEAGE-PLANNING DEPT
HOCKEY OFFICIAL/FEES PAID
-COMPUTER PAPER-CITY HALL/4 CARD CABINETS-
ENGINEERING DEPT
GLASS-FACILITIES
HOCKEY OFFICIAL/FEES PAID
PLOW CABLES-EQUIPMENT MAINTENANCE
1989 MUNICIPAL CLIPPING SERVICE
CONFERENCE-POLICE DEPT
-FEBRUARY & MARCH 89 SERVICE-FLYING CLOUD
LANDFILL
VIDEO FILM-WATER DEPT
OFFICE SUPPLIES-POLICE DEPT
HOCKEY OFFICIAL/FEES PAID
LAB SUPPLIES-WATER DEPT
HOCKEY OFFICIAL/FEES PAID
-SERVICE-PIONEER TRAIL & COUNTY RD 18
-DRAINAGE STUDIES/HAMILTON ROAD/BLUFF ROAD/
-RED ROCK LAKE STORM SEWER CONNECTION/
RIVERVIEW ROAD
CARBURETOR REPAIR-WATER DEPT
CIVIL DEFENSE SIREN-POLICE DEPT
POSTAGE-VOTER REGISTRATION VERIFICATIONS
FILING FEE-PLANNING DEPT
SPECIAL ASSESSMENTS-ENGINEERING DEPT
MARCH 89 BOOKING FEE-POLICE DEPT
-FIRST HALF 89 PROPERTY TAXES-MORE HOUSE/
-HENDRICKSON PARCEL/IDLEWILD LAKE ADDITION/
STARRWOOD
SCHOOL-FIRE DEPT
AWARD RIBBONS-POOL LESSONS
TESTING WHEEL LOAD SCALE-POLICE DEPT
35.00
410.88
128.00
150.00
287.60
8.00
394.42
60.00
120.00
25.20
30.38
4599,00
141.78
275.00
386.75
41.50
429.01
25.00
638.82
24.19
25.00
220.00
316.00
66.33
596.00
88.00
150.00
95.00
21124.19
81.00
36.76
289.00
142.22
86.00
12545.54
234.69
2125.00
35.70
240.00
390.90
693.25
2152.76
30.00
150.11
88.00
MAY 2.1989
50458 EDEN PRAIRIE CHAMBER OF COMMERCE EXPENSES-COUNCIL
50459 EDEN PRAIRIE FIRE DEPT SCHOOL-FIRE DEPT
50460 CITY OF EDINA SERVICE-MARCH 89 WATER TESTS
461 DEB EDLUND MINUTES-CITY COUNCIL
,62 ELVIN SAFETY SUPPLY INC -BODY HARNESSES/TAGLINC/CHFHICALS/RAIN
PANTS/SAFETY VESTS-WATER DEPT/STREET MAIN1
50463 JEFFREY ELWELL MILEAGE-COMMUNITY CENTER
50464 ELECTRICAL MECHANICAL SERVICES IN -REPLACE SEAL ASSEMBLY ON GEAR MOTOR UNIT-
WATER DEPT
50465 JEFF ESS HOCKEY OFFICIAL/FEES PAID
50466 RON EGG HOCKEY OFFICIAL/FEES PAID
50467 EXPRESS MESSENGER SYSTEMS INC POSTAGE-PLANNING DEPT
50468 FACILITY SYSTEMS INC SERVICE-FINANCE DEPT
50469 FEED RITE CONTROLS INC CHEMICALS-WATER DEPT
50470 FIDELITY PRODUCTS CO GARBAGE BAGS-WATER DEPT
50471 FIRE RADIO SERVICE FREQUENCY COOR RADIO FREQUENCY COORDINATION-FIRE DEPT
50472 FINLEY BROS ENTERPRISES REEL/BAGS/STEEL WIRE/TIES-PARK MAINT
50473 FOREMOST BUSINESS MACHINES INC REPLACE SWITCH-WATER DEPT
50474 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES
50475 CITY OF FRIDLEY SERVICE-SPRING SKILL DEVELOPMENT
50476 6 & K SERVICES -COVERALLS/TOWELS-WATER DEPT/PARK MAINT/
LIQUOR STORE
qtri
MAY 2,1989
50503 HYDRAULIC SERVICES CYLINDER RESEALED-EQUIPMENT MAINTENANCE
50504 HYDROTEX INC LUBRICANTS-EQUIPMENT MAINTENANCE
50505 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS-WATER DEPT
1 -06 INSTY PRINTS -PRINTING-INVITATIONS-HUMAN RESOURCES DEPT(
MAY 89 NEWSLETTER-POLICE DEPT
50507 INTL ASSN OF ARSON INVESTIGATORS DUES-BUILDING INSPECTIONS DEPT
50508 INTL OFFICE SYSTEMS INC -APRIL 89 MAINTENANCE AGREEMENT-CITY HALL/
POLICE DEPT/TONER-POLICE DEPT
50509 11111 11111111 EXPENSES-POLICE DEPT
50510 11 11111 1111111 11 OFFICE SUPPLIES-WATER DEPT
50511 111 1111111 EXPENSES-FIRE DEPT
50512 1111 11111 APRIL 89 EXPENSES-ADMINISTRATION
50513 11111 111111 11 -PLYWOOD/LUMBER/ROLLER COVER/PAINT BRUSH/
-SCREWS/WASHERS/TIMBERS-PARK MAINT/SENIOR
CENTER/COMMUNITY CENTER
50514 KAMAN BEARING AND SUPPLY CORP BEARING PROTECTORS-WATER DEPT
50515 L LEHMAN & ASSOCIATES INC -MARCH 89 LEGAL SERVICE-FLYING CLOUD
LANDFILL
50516 BOB LAMBERT -APRIL 89 EXPENSES-PARKS RECREATION &
NATURAL RESOURCES DEPT
50517 DON LANG LICENSE FEE-PARK MAINTENANCE
50518 LANG PAULY & GREGERSON LTD -NOVEMBER 88 LEGAL SERVICE/NOVEMBER 88
-COMMUNITY CENTER LITIGATION/MARCH 89
FLYING CLOUD LANDFILL
50519 LEAGUE OF MN CITIES EXPENSES-COUNCILMEMBERS
50520 LMCIT LIABILITY INSURANCE-CITY HALL
50521 LEEF BROS INC -COVERALLS-EQUIPMENT MAINTENANCE/MATS-
LIOUOR STORE
50522 DAVID LINDAHL EXPENSES-PLANNING DEPT
3 M & I INDUSTRIAL SUPPLY INC -GLUE/TAPE/HYDRAULIC SEALANT-EQUIPMENT
MAINTENANCE
50524 M & M PRINTING INC PRINTING RECRUITING FOLDERS-FIRE DEPT
50525 MACQUEEN EQUIPMENT INC -BLADES/SHEARS/SCREWS/CLIPS-EQUIPMENT
MAINTENANCE/PARK MAINTENANCE
50526 111111 11111111 SERVICE-CEMETERY OPERATIONS
50527 11111 1 11111 REFUND-PARK DEDICATION FEE
50528 11111 1111111111 MAY 89 COMPUTER MAINTENANCE-POLICE DEPT
50529 1111111 1111111 11 EXPENSES-FIRE DEPT
50530 111 1111111 ARTWORK/KEYLINING-FIRE DEPT
50531 111111 111111 / 1111 11 OXYGEN-FIRE DEPT
50532 1111 11111 11 -BUSINESS CARDS-FIRE DEPT/ENVELOPES/ALARM
RESPONSE DOOR HANGERS-POLICE DEPT
50533 METROPOLITAN WASTE CONTROL COMMIS MAY 89 SEWER SERVICE CHARGES
50534 METROPOLITAN WASTE CONTROL COMMIS MARCH 89 SAC CHARGES
50535 MID CENTRAL INC PUMP CANS/HOSE EDGE ROLLERS-FIRE DEPT
50536 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE
50537 MN CONWAY FIRE & SAFETY -PRESSURE GAUGE/COUPLINGS/CYLINDERS/
MOUNTING BRACKETS/VALVES-FIRE DEPT
50538 THE MINNESOTA DAILY EMPLOYMENT ADS-COMMUNITY CENTER
50539 MINNESOTA EXPRESS INC FREIGHT-ENGINEERING DEPT
50540 MINNESOTA INSTITUTE OF LEGAL EDUC SCHOOL-FIRE DEPT
50541 MN REAL ESTATE JOURNAL SUBSCRIPTION-ASSESSING DEPT
50542 MINNESOTA SAFETY COUNCIL DUES-BUILDING INSPECTIONS DEPT
50543 MINNESOTA SAFETY COUNCIL INC SCHOOL-FIRE DEPT
5,1 4 MN SUBURBAN PUBLICATIONS EMPLOYMENT ADS-COMMUNITY CENTER
24 11111 7
116.44
937.80
100.05
95.45
37.00
606.90
123.08
660.90
10.76
102.11
359.41
43.46
11365,18
203.69
15.00
28106.53
45.00
189.00
125.00
3.79
89.27
1066.00
403.77
50.00
720.00
1295.00
50.81
90.00
276.50
866.00
154033.51
10815.75
759.00
141.00
26697.75
282.62
28.00
620.00
45.00
86.00
454.14
105.60
Otic
MAY 2,1989
50545 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORES
50546 MINNESOTA WANNER CO ROLLER ASSEMBLY-FACILITIES DEPT
50547 MINUTEMAN PRESS PRINTING FORMS-BUILDING INSPECTIONS DEPT
C 548 MOTOROLA INC RADIO REPAIR-FIRE DEPT
,49 MTI DISTRIBUTING CO -SPARK PLUGS/LYNCH PIN/FUEL FILTER PUMP/
ELEMENTS-PARK MAINTENANCE
50550 NM MUELLER & SONS INC GRAVEL-STREET MAINTENANCE
50551 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-HUMAN RESOURCES
50552 BETH NILSSON
SKATING INSTRUCTOR/FEES PAID
50553 JP NOREX INC
SEWER SERVICE REPAIR-ATHERTON WAY
50554 NORTHERN STATES POWER CO
FIRST QUARTER 89 SERVICE
50555 OFFICE PRODUCTS OF MN INC -COMPUTER REPAIR/LABELS-ENGINEERING DEPT/
FORESTRY DEPT
50556 PENNZOIL PRODUCTS COMPANY OIL-EQUIPMENT MAINTENANCE
50557 PHOTO PHOTO SERVICES
FILM/PRINTS-HUMAN RESOURCES/ASSESSING DEPT
50558 THE PINK COMPANIES
INSTALLATION OF CARPET-COMMUNITY CENTER
50559 PITNEY BOWES INC -2ND OUARTER 89 MAINTENANCE AGREEMENT-
COMMUNITY CENTER
50560 PLAQUES PLUS INC
PLAQUES-COUNCIL
50561 PRAIRIE ELECTRIC COMPANY INC -INSTALL & REPAIR RECEPTACLES-POLICE BLDG/
FIRE STATION
50562 PRAIRIE HARDWARE -STRIPPING TOOL/BRUSHES/PIPE/CLAMPS/TAPE/
-FLASHLIGHT/BATTERIES/DRILL BITS/FUNNELS/
-BOLTS/PLUGS/COUPLINGS/HOOKS/SCREWS/COPPER
TUBING/FITTINGS-WATER DEPT
50563 PRAIRIE HARDWARE -HOOKS/DRILL BITS/SCREWS/BATTERIES/SIGNS/
-BUG SPRAYER/TEA KETTLE/POWER OUTLET-CITY
HALL/SENIOR CENTER
50564 PRIOR LAKE AGGREGATE INC
SAND-DRAINAGE CONTROL
65 PROTOOL
BROOMS-STREET MAINTENANCE
,66 PS8 LEASING & MAINTENANCE
TELEPHONE REPAIR-CITY HALL
50567 RIDGE DOOR SALES & SERVICES INC
DOOR REPAIR-FIRE STATION
50568 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-MITCHELL & RESEARCH STREET
IMPROVEMENTS
50569 ROAD MACHINERY & SUPPLIES CO
HOSE ASSEMBLY-EQUIPMENT MAINTENANCE
50570 ROAD RESCUE INC
FIRST AID RESCUE EQUIPMENT-FIRE DEPT
50571 ROLLINS OIL CO
GAS-EQUIPMENT MAINTENANCE
50572 RUSSELL SMITH ASSOCIATES INC
SERVICE-RILEY LAKE LAWCON PROJECT
50573 SANCO INC
CLEANING SUPPLIES-FACILITIES DEPT
50574 KEVIN SCHMIEG -FEBRUARY & MARCH 89 EXPENSES-INSPECTIONS/
SAFETY/FACILITIES DEPT
50575 SEARS
ROLLER/COVERALLS-PARK MAINTENANCE
50576 MINNESOTA BANKERS ASSOCIATION
CONFERENCE-POLICE DEPT
50577 SEDGWICH HEATING & A/C
REFUND-MECHANICAL PERMIT
50578 SEELYE PLASTICS INC -PLUMBING & CHEMICAL FEEDER REPAIR PARTS-
WATER DEPT
50579 SHAW LUNDQUIST
REFUND-BUILDING PERMIT
50580 STEVEN R S1NELL
MARCH & APRIL 89 EXPENSES-ASSESSING DEPT
50581 W GORDON SMITH CO -DIESEL FUEL/BATTERY/GLASS CLEANER/RUBBER
-TIP-EQUIPMENT MAINTENANCE/WATER DEPT/
COMMUNITY CENTER
50582 SNAP ON TOOLS CORP -SCREW DRIVER SETS/PLIERS/SOCKET SETS-
EQUIPMENT MAINTENANCE
50583 SOUTHDALE YMCA
1ST QUARTER 89-YMCA YOUTH OUTREACH PROGRAM
r -94 SOUTHWEST SUBURBAN PUBLISH INC
EMPLOYMENT ADS-PARK MAINT/WATER DEPT
3885640
951.60
31.98
293.40
1163.35
132.21
226.77
259.00
455.88
844.00
51.07
121.00
380.65
31.34
6509.60
138.64
338.76
131.00
$13.51
128.35
799.44
33.78
37.90
73.50
3698.14
40.79
498.93
8720.00
750.00
50.32
400.00
28.95
65.00
34.45
446.74
2700.00
216.50
4384.85
300.75
2625.00
249.25
gS0
MAY 2,1989
50585 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/HAPPENINGS-
COMMUNITY CENTER
50586 STATE TREASURER MARCH 89 BUILDING SURCHARGE
E'187 STREICHERS PROFESSIONAL POLICE EQ EARMUFFS-FIRE DEPT c 88 NATALIE SWAGGERT APRIL 89 EXPENSES-HUMAN RESOURCES
0589 KIMBERLY TEACHOUT WALLYBALL OFFICIAL/FEES PAID
50590 TEAM LABORATORY CHEMICAL CORP DEGREASER/CRACK FILLER-SEWER DEPT
50591 TENNANT COMPANY SWEEPER BRUSH-PARK MAINTENANCE
50592 THANE HAWKINS CHEVROLET -3 89 SIO COMPACT PICKUPS-PARKS DEPT/
ENGINEER DEPT/FACILITIES DEPT
50593 THORBECK & LAMBERT ARCHITECTS LTD -SERVICE-MARCH 89 MODIFICATION STUDY OF
POLICE BUILDING
50594 TIMBER PRODUCTS TREATED TIMBERS-PARK MAINTENANCE
50595 TONY'S PIZZA SERVICE EXPENSES-FIRE DEPT
50596 TURNQUIST PAPER CO CLEANING SUPPLIES-FACILITIES DEPT
50597 TWIN CITY OXYGEN CO EQUIPMENT REPAIR-PARK MAINTENANCE
50598 UNITOG RENTAL SERVICES UNIFORM-WATER DEPT
50599 VAN 0 LITE INC LAMP-EQUIPMENT MAINTENANCE
50600 VAUGHN DISPLAY FLAG REPAIR-POLICE DEPT
50601 VIKING SOUTHDALE FORD 7 89 SQUAD CARS-POLICE DEPT
50602 VIKING SPECIALTY 6 SOFTBALL BATTERS BOXES-PARK MAINTENANCE
50603 VOSS ELECTRIC SUPPLY COMPANY LIGHT BULBS-FACILITIES DEPT
50604 WALDOR PUMP & EQUIP CO MONITOR-SEWER DEPT
50605 WATER PRODUCTS CO -30 5/813/4 100 GAL METERS-$1376.70/1 3/4
3723.86
3516.39
365.70
200.00
18.00
755.00
511.00
22107.00
619.15
33.60
317.52
168.22
31.50
59.00
120.34
13.35
93877.00
1019.70
20.40
286.40
1565.18
-1000 GAL METER-$97.53/CONNECTIONS/
-GENERATOR TERMINAL COVER/SCREWS/NOZZLE
CAP CHAINS-WATER DEPT
SERVICE-FIRE STATIONS #3 & 04
-ZOOM LENS/DOUBLER/CASE-POLICE FORFEITURE-
DRUGS
ELECTRODES-EQUIPMENT MAINTENANCE
MILEAGE-COMMUNITY CENTER
-ENVELOPES-$1290.00-CITY HALL/EMPLOYEE
-NEWSLETTER-$190.00-HUMAN RESOURCES DEPT/
BUSINESS CARDS-ASSESSING DEPT
1989 GUN RANGE RENTAL-POLICE DEPT
1ST AID SUPPLIES-CITY HALL
50606 WATSON FORSBERG CO
50607 WEST PHOTO
J8 WEST WELD
50609 DAVID WHITEFORD
50610 WILSON TANNER GRAPHICS
50611 BRIAN WIPPERMANN GUN RANGE
50612 ZEE MEDICAL SERVICE
49814 VOID OUT CHECK
50128 VOID OUT CHECK
50322 VOID OUT CHECK
12404.00
310.00
90.20
45.50
1495.00
3750.00
30.00
13.00-
57.24-
155.00-
1 472 27 77
$866668.99
951
DISTRIBUTION BY FUNDS
10 GENERAL 301373.23
11 CERTIFICATE OF INDEBT 94708.50
15 LIQUOR STORE-P V M 48787.34
17 LIQUOR STORE-PRESERVE 34946.52
20 CEMETERY OPERATIONS 50.00
21 POLICE DRUG FORFEITURE 310.00
30 CASH PARK FEES 720.00
31 PARK ACQUIST & DEVELOP 5310.00
33 UTILITY BOND FUND 540.34
39 86 FIRE STATION CONST 155864.50
45 UTILITY DEBT FD ARB 1590.00
51 IMPROVEMENT CONST FD 18622.28
57 ROAD IMPROVEMENT CONST FD 2737.75
73 WATER FUND 30846.40
77 SEWER FUND 168637.46
81 TRUST & ESCROW FUND 39.12
90 TAX INCREMENT FUND 1585.55
$866668.99
ORDINANCE NO. 12-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.40 WHICH
REGULATES THE USE, SALE, CONVEYANCE OR POSSESSION BY A FOOD
ESTABLISHMENT OF PACKAGING MATERIAL THAT IS NOT ENVIRONMENTALLY
ACCEPTABLE; BY AMENDING SECTION 5.99 WHICH SETS FORTH PENALTY
PROVISIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 5 shall be and is amended by
adding thereto Section 5.40 which reads as follows:
"SEC. 5.40. ENVIRONMENTALLY ACCEPTABLE PACKAGING
Subd. 1. Purpose and Findings. The City Council finds that
discarded packaging from foods and beverages constitutes a signi-
ficant and growing portion of the waste in the Eden Prairie waste
stream. Regulation of food and beverage packaging, therefore, is
a necessary part of any effort to encourage a recyclable and com-
postable waste stream, thereby reducing the disposal of solid
waste and the economic and environmental costs of waste manage-
ment for the citizens of Eden Prairie and others working or doing
business in Eden Prairie.
The Council further finds that plastic packaging is rapidly
replacing other packaging material, and that most plastic
packaging used for foods and beverages is nondegradable, nonre-
turnable and nonrecyclable.
The Council also finds that the two main processes used to
dispose of discarded nondegradable, nonreturnable and nonre-
cyclable plastic foods and beverage packaging, are land filling
and incineration, both of which should be minimized for environ-
mental reasons.
Chemicals hazardous to human health and to the safety of the
environment are present in the composition of plastic packaging,
are believed to leach into the groundwater when this packaging is
placed in landfills, have been found to escape into the air when
this packaging is burned in incinerators, and contribute to
environmental problems associated with ash residue resulting from
the incineration process.
The Council therefore finds that the minimization of non-
degradable, nonreturnable and nonrecyclable food and beverage
packaging originating at retail food establishments within the
City of Eden Prairie is necessary and desirable in order to
-1-
reduce the city's waste stream, so as to reduce the volume of
landfilled waste, to minimize toxic by-products of incineration, to
make the waste stream less damaging to the environment, and to
make our City and neighboring communities more environmentally
sound places to live.
Subd. 2. Definitions. The following terms as used in this
Section, shall have the following meanings.
a. Environmentally Acceptable Packaging - Environmentally
acceptable packaging shall mean and include any of the following:
(i) Degradable Packaging: Paper or other cellulose-
based packaging capable of being decomposed by
natural biological or biochemical processes;
(ii) Returnable Packaging: Food or beverage containers
or packages, such as, but not limited to, soft
drink bottles and milk containers that are
capable of being returned to the distributor, such
as, but not limited to, dairies and soft drink
bottlers, for reuse as the same food or beverage
container use at least once;
(iii) Recyclable Packaging: Packaging made of materials
that are separable from solid waste by the generator
or during collection and are currently collected for
recycling in an organized fashion as required by
City Code. Packaging made of either polyethylene
terepthalate (P.E.T.) or high density polyethylene
(H.D.P.E.) shall be considered to be recyclable if
and when it is collected for recycling in the same
manner as here stated.
b. Food Establishment - Food establishment shall mean any
building, room, stand, enclosure, vehicle, space, area, or other
place wherein food is stored, prepared, manufactured, processed,
wrapped, canned, packed, bottled, transported, distributed, sold
or offered for sale or served in any way with or without charge,
except private homes.
c. Packaging - Packaging shall mean and include all food-
related wrappings, adhesives, cords, bindings, strings, tapes,
ribbons, bags, boxes, coverings and containers; and shall further
include cups, glasses and similar containers for drinking out of
or for holding liquids, and plates and serving trays, but shall
specifically exclude plastic knives, forks and spoons sold or
intended for use as utensils.
d. Sell - Sell shall mean any transaction of a mercantile
character.
-2-
Subd. 3. Prohibitions. No person owning, operating or
conducting a food establishment within the City shall do or allow
to be done any of the following within the City: sell or convey
at retail or possess with the intent to sell or convey at retail
any food or beverage that is placed, wrapped or packaged, at any
time at or before the time or point of sale, in or on packaging
which is not environmentally acceptable packaging. The presence
on the premises of the food establishment of packaging which is
not environmentally acceptable packaging shall constitute a
rebuttable presumption of intent to sell or convey at retail, or
to provide to retail customers packaging which is not environmen-
tally acceptable packaging; provided, however, that this sub-
paragraph shall not apply to manufacturers, brokers or warehouse
operators, who conduct or transact no retail food or beverage
business.
Subd. 4. Exemptions. This Section shall not a2ply to:
(a) any flexible packaging of 10 mils or less in
thickness;
(b) any packaging used at hospitals or nursing homes;
(c) any paper, cellophane or other cellulose-based
packaging that is coated with plastic;
(d) any packaging which is not environmentally
acceptable, but for which there is no commercially
available alternative as determined by the City
Council by amendment of this Section by ordinance.
In determining whether there are commercially available
alternatives the City Council shall consider the following:
(1) the availability of environmentally acceptable packaging for
affected products; (2) the economic consequences to manufac-
turers, suppliers, retailers and other vendors of requiring
environmentally acceptable packaging when available; and (3) he
competitive effects on manufacturers, suppliers, retailers e
other vendors involved in the sale of product brands or lak -,Is
available only in packaging that is not environmentally ac.ep-
table packaging.
Subd. 5. Violation a Petty Misdemeanor. Each viol.tion of
any provision of this Section shall be a petty misdemeinor for
which the maximum fine is $100.00. Each day on which a violation
occurs constitutes a separate violation.
Subd. 6. Adverse Licensing Action. Any viol;tion of this
Section shall be sufficient grounds for the revoc:ion,
suspension, denial, or non-renewal of any license for the food
establishment at which the violation occurs.
-3-
Subd. 7. Severability. If any part or provision of this
Section or the application thereof to any person, entity, or cir-
cumstauces shall be adjudged unconstitutional or invalid by any
court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application which is
directly involved in the controversy in which such judgment shall
have been rendered, and shall not affect or impair the validity
of the remainder of this Section or the application thereof to
other persons, entities, or circumstances."
Section 3. City Code Chapter 5, Section 5.99 shall be and
is amended to read as follows.
"SEC. 5.99 VIOLATION A MISDEMEANOR.
Every person violates a section, subdivision, paragraph or provi-
sion of this Chapter when he performs an act thereby prohibited
or declared unlawful, or fails to act when such failure is
thereby prohibited or declared unlawful, and upon conviction
thereof, shall be punished as for a misdemeanor except as other-
wise stated in this Chapter.
Section 4. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 5.99 entitled "Violation A
Misdemeanor," as amended are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
Section 5. This ordinance shall become effective on
, 19 , after its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the day of , 1989,
and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of
, 1989.
ATTEST:
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the
, 1989.
day of
-4-
L31)(
April 28, 1989
MEMORANDUM
TO: Eden Prairie City Council
FROM: Waste Management Commission
SUBJECT: Proposed Plastics Ban Ordinance
We, the members of the Waste Management Commission would like to respond
to the recent action by City Council pertaining to a proposed ordinance to ban
the use of plastics in the packaging and serving of foods in Eden Prairie.
While the concept and intent are good indeed, the members of the Commission
tend to differ with the manner in which this proposal was advanced by Council.
Since this Commission was formed as an advisory body to Council on such matters
we feel that in this case the Waste Management Commission was circumvented and
that, considering the magnitude of such an issue, the Commission should have
been given the opportunity to study the pros, cons, and all the ramifications,
and then make an appropriate recommendation. In this case Council would be
armed with a stronger base of information upon which to make a sound decision
at this time.
Therefore, the Waste Management Commission recommends that it be afforded
the opportunity for discussion before Council takes any further action on this
issue.
RANDYIOHNSON
PHONE
COMMI,SION,
812 -348-3088
TOE) 348-7708
BOARD OF HENNEPIN COUNTY COMMISSIONERS
2400 GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55487
DATE:
TO:
FROM:
RE:
April 21, 1989
Mayors, Council Members, City Managers,
and Recycling Coordinators in Suburban Hennepin Co.
Randy Johnson
Plastic Recycling
There has been a great deal of recent publicity about the Minneapolis
ordinance that purportedly bans plastic food packaging. Some suburban
cities are considering similar ordinances.
I believe that for both environmental and economic reasons, a
better approach is to recycle plastic. Unlike newsprint, there is
a strong and growing local demand for recycled plastic that is separated
by resin.
That is why I introduced a resolution at the April 18th County
Board meeting to require cities in Hennepin County to collect plastic
(in addition to aluminum, glass and newsprint) in order to remain
eligible for the county's recycling cost reimbursement program. At
my request, the resolution was referred to the April 28 meeting of
the Public Service Committee and to our Recycling Task Force.
I expect the County Board to enact this significant change to
our recycling program early next year, to be effective only after
our Materials Recovery Facility is operating and densification equipment
for collection trucks is available.
Council Member Steve Cramer, who authored the Minneapolis ordinance
announced that he supports my proposal although he may still want
to ban some packaging.
Enclosed for your information are copies of a news release, questions
and answers about plastic recycling, and some information that has
been printed in newspapers.
REJ:sls
Enclosures
DATE: 4/21/89
TO:
HENNEPIN
FROM:
Randy Johnson
SUBJECT:
I thought you would like to see this before we mail these
on Monday. The media may be calling you.
RANDYIOHNSON
COmM,110 ,,,
PHONE
012•348-3058
TDD 348-7708
BOARD OF HENNEPIN COUNTY COMMISSIONERS
2400 GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55487
NEWS RELEASE
"RECYCLE PLASTIC - DON'T THROW IT AWAY AND DON'T BAN IT"
Next year at this time Hennepin County residents will be recycling
plastic, and all the talk of a so-called plastic ban will be a distant
memory predicted by Hennepin County Commissioner Randy Johnson.
At Tuesday's Hennepin County Board meeting Commissioner Randy
Johnson will introduce a major amendment to the county's source separation
ordinance and recycling reimbursement plan. It will require cities
to collect plastic as part of their curbside recycling programs in
order to remain eligible ior the county's generous 50% to 80% cost
reimbursement.
One result of adding plastic to the three materials already being
collected (glass, newspaper and aluminum) will be, in effect, to supercede
the Minneapolis ordinance that purportedly bans some food and beverage
plastic packaging. That ordinance exempts from its ban any material
that is collected in a recycling program.
"The fact is that plastic is much too valuable to throw away
- and it is also much too valuable to ban. Plastic can and ought
to be recycled," said Johnson.
For example, to an end user, aluminum is worth about $1200 per
ton, glass is worth about $50 per ton, and newsprint is - or was -
worth about $20 per ton. Meanwhile, properly separated and ground
plastic can be sold locally for $200 to $600 per ton. But local companies
have to buy it from recyclers in cities hundreds of miles away because
we are not collecting it yet in our own recycling programs," explained
Johnson.
Johnson said he chose to introduce the amendment adding plastic
to the collected recyclables at this time for several reasons.
"First, the county board soon will be issuing a Request for Proposals
to operate a "Materials Recovery Facility" that will separate and
prepare recyclables - including plastics - and sell them to the appropriate
users.
(over)
4:9
Recycle Plastic
April 17, 1989
Page 2
"Second, just a few weeks ago the State Pollution Control Agency
took two major steps forward to encourage recycling plastic rather
than banning it. The ?CA proposed regulations to adopt a plastic
coding system developed by the plastic industry to help recyclers
identify the different plastic resins.
"In addition, the PCA awarded a $40,000 grant to a private company
to explore the feasibility of building a plastic resin recovery facility
in Minnesota.
"The third reason to begin to recycle plastic is illustrated
by the tons of newspaper we now see piling up every day in Twin Cities
recycling programs.
"It proves the overriding importance of making sure there is
a real market for what we collect. Nothing is recycled until somebody,
somehow, somewhere, actually takes the material and re-uses it," Johnson
said.
"Unfortunately, the past focus of Twin Cities recycling programs
has been almost entirely on increasing the supply of materials that
residents separate out for collection. Now we know those "supply
side garbologists" were wrong. We must focus our recycling efforts
on materials like plastic for which there is a strong and growing
market, and we must work at creating new markets for materials such
as newsprint."
After discussion at the Tuesday board meeting, Johnson said he
will ask that this change in policy be reviewed by the county's recycling
task force. He said that the amendment adding plastic to the list
of recyclables should take effecc only after the county's Materials
Recovery Facility is operating early next year, and only after the
county board has determined that, if necessary, a portable "on board"
compactor is commercially available for local recycling collection
trucks.
If all 47 cities in Hennepin County decide to continue to participate
in the county's recycling cost reimbursement program, Johnson said
that Hennepin County will have the most extensive plastic recycling
program in the nation next year. He pointed out that any city could
still opt out of the county's reimbursement plan and continue down
the path of banning plastic, but for Minneapolis that would mean turning
down nearly $2 million next year.
We are giving the cities the opportunity - and a very strong
financial incentive - to recycle plastic and I hope they respond positively.
RANDY1OHNSON
COMMISSIONLM PHONE
612-345-3088
TOE) 348-7708
BOARD OF HENNEPIN COUNTY COMMISSIONERS
2400 GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55487
QUESTIONS AND ANSWERS
ABOUT COMMISSIONER RANDY JOHNSON'S
PLASTIC RECYCLING INITIATIVE
Question: What exactly is Randy proposing to do in order to recycle plastic?
Answer: Under state law and municipal ordinances, cities are primarily responsible
for deciding how to collect recyclable material within their boundaries. Hennepin
County has overall authority for managing solid waste. The county's funding
assistance policy reimburses a city for up to 80% of its recycling costs if
the program meets the county's guidelines.
Randy's proposal would add plastic to the three materials (aluminum, glass and
newsprint) that a city recycling program already must collect to remain eligible
for reimbursement.
Question: How does the plastic recycling proposal affect the highly publicized
Minneapolis ordinance that might ban some plastic packaging next year?
Answer: The Minneapolis ordinance exempts from the ban any material that
is being collected in a recycling program. Thus, if Minneapolis wants to remain
eligible for county reimbursement, it will collect plastic instead of banning
it. Of course, the city could choose to turn down the county's reimbursement
and proceed to ban plastic instead of recycling it. (The city's 1988 reimbursemen
t
was $1,421,144 and the amounts for other cities are attached.)
Question: Won't this "recycle plastic instead of banning it" plan pit the county
against the city on recycling?
Answer: Not at all. Minneapolis councilmembers who authored the ban have
acknowledged that their real goal is to increase recycling. Now they will have
the opportunity - and financial incentive - to do so. Councilmember Steve Cramer,
author of the Minneapolis ordinance, supports the plan to collect plastic, althoug
h
he still may want to ban some packaging.
Question: What is the source of money for the county's recycling reimbursement
plan?
Answer: None of it comes from property taxes! To date, funds have come from
Interest earnings from bond proceeds. In June, the funding will come from a
surcharge on non-recycled waste sent to landfills and the waste-to-energy plants.
161
Plastic isecycling Initiative
Page 2
Question: Are plastics really recyclable?
Answer: Definitely yes. Of the five basic types of resins used
in most consumer plastic packaging, four of them are in strong demand by local plastic companies who can reduce costs and maintain qu
a
l
i
t
y
by mixing the recycled resins with virgin resins in manufacturi
n
g
t
h
e
i
r
products.
Question: What are the most readily recyclable plastics?
Answer: High-density polyethylene (H.D.P.E.) is the most widely
used plastic resin. It is used for rigid containers such as mi
l
k
j
u
g
s
and household product containers.
Polyethylene terephthalate (P.E.T.) is used in rigid containers
,
o
f
t
e
n
for soft drinks. It can be recycled into many diverse applicat
i
o
n
s
such as soft drink base cups, strapping, paint brushes, geotext
i
l
e
s
,
carpets, shower stalls, and boat hulls.
Polystyrene (PS) is used most often as a foam for cups, trays a
n
d
f
a
s
t
food containers. In its solid form, PS is used for cutlery. Re
c
y
c
l
e
d
PS is in demand for use as an energy-saving insulation board.
Polypropylene (PP) has many applications, including snack foo
d
p
a
c
k
a
g
i
n
g
,
and it is often interchanged with polyethylene or polystyrene
.
Question: How will plastics be recycled?
Answer: Hennepin County will be contracting with a private company
to operate a Materials Recovery Facility that will separate co
l
l
e
c
t
e
d
recyclables including plastics and sell the materials to the
a
p
p
r
o
p
r
i
a
t
e
end-user. Most plastics can be separated by resin through han
d
s
o
r
t
i
n
g
,
or by using established mechanical or chemical technologies, a
n
d
t
h
e
n
washed and ground into chips for shipment. Plastic packaging
t
h
a
t
contains unidentified or mixed resins can be co-mingled and us
e
d
f
o
r
relatively "low-tech" applications such as landscape timbers,
c
a
r
s
t
o
p
s
,
road sign markers, etc.
Question: A Star Tribune editorial claimed that the plastics
c
o
v
e
r
e
d
by the Minneapolis ordinance should be banned because they caus
e
p
r
o
b
l
e
m
s
in landfills and harmful emissions in municipal incinerators.
I
s
t
h
e
editorial accurate?
Answer: No, the Star Tribune is wrong. Although plastic buried
in a landfill does not decompose for hundreds of years, the fa
c
t
is that hardly anything under the top few feet in a landfill decomposes. In fact, the stability of plastic in a landfill means that it c
o
n
t
r
i
b
u
t
e
s
neither to leachate nor methane production.
Plastic Recycling Initiative
Page 3
As for incineration, over 907. of the plastic in the waste stream, and
virtually all of the food packaging, contains carbon, hydrogen and
oxygen. Under federal law, plastic food packaging cannot contain heavy
metals. Even incineration of polyvinylchlorides (PVC) does not yield
dioxins/furans when properly combusted.
Question: How much of our garbage is plastic?
Answer: According to a recent Environmental Protection Agency study,
plastics make up only 7% of the waste stream by weight. However, plastics
may constitute nearly 30% of the waste stream by volume.
Question: What are the disadvantages of a broad plastic packaging
ban?
Answer: For many applications, consumers prefer plastic packaging.
Families with children understand that plastic bottles and jars do
not break into sharp fragments. Others prefer the lighter weight or
microwaveability. Also, many plastic containers, such as butter or
margarine tubs and ice cream buckets, are re-used indefinitely for
many common household purposes.
Question: Will anybody pay for the plastic that is collected in a
recycling program, or will we have a glut like we now have with separated
newspapers?
Answer: The local market for recycled plastic separated by resin
is strong and growing. For comparison, end users of the three materials
now collected for recycling in Hennepin County pay approximately the
following amounts: aluminum $1200 per ton; glass $50 per ton; newsprint
$20 per ton (but there is an excess of supply and the price throughout
the nation is dropping quickly). Recycled plastic separated by resin
can be sold for the equivalent of $200 to $600 per ton.
Question: What are the practical problems in recycling plastic?
Answer: The advantages of plastic packaging - its durability and
capacity to enclose a large volume of product with very light weight
- can raise difficulties in collection. In short, a recycling collection
truck can fill up very quickly with plastic containers that weigh very
little, and end-users of recycled plastic pay for resins based on weight.
However, the new "on-board" portable compactors should be commercially
available near the end of the year, and some preliminary plastic collection
programs have indicated that asking residents simply to "stamp" on
most plastic containers achieves sufficient densification.
Plastic Recycling Initiative
Page 4
Question: Why did the county wait until now to mak
e
p
u
b
l
i
c
t
h
i
s
i
n
f
o
r
m
a
t
i
o
n
about the value and recyclability of plastic?
Answer: In fact, the county's plan to accept plastic at its
M
a
t
e
r
i
a
l
s
Recovery Facility has been discussed publicly for
t
h
e
p
a
s
t
y
e
a
r
.
C
o
m
m
i
s
s
i
o
n
e
r
Johnson also provided this information at public he
a
r
i
n
g
s
b
e
f
o
r
e
b
o
t
h
the Minneapolis and St. Paul city councils before t
h
e
y
v
o
t
e
d
o
n
t
h
e
i
r
plastic "ban."
Question: When would Randy's proposal to include pl
a
s
t
i
c
s
a
s
a
r
e
c
y
c
l
a
b
l
e
matexial for collection take effect?
Answer: This new recycling initiative requires an amendme
n
t
o
f
t
h
e
county's funding assistance policy and perhaps even
t
h
e
c
o
u
n
t
y
'
s
s
o
u
r
c
e
separation ordinance. Moreover, Randy has asked tha
t
t
h
e
n
e
w
p
o
l
i
c
y
be reviewed by the county's Recycling Task Force, co
m
p
o
s
e
d
o
f
p
u
b
l
i
c
officials and concerned citizens. In all likelihoo
d
,
p
l
a
s
t
i
c
w
i
l
l
begin to be accepted for collection shortly after th
e
M
a
t
e
r
i
a
l
s
R
e
c
o
v
e
r
y
Facility opens early next year.
Revised 4/21/89
MUNICIPAL REIMBURSEMENT AND FUNDING PERCENTAGE FOR 1988
CITIES
ELDON:N:3TM
BROOKLAW RULE
CHI-J.LPLIN
COCORA
CRYSTAL
COUNTY
FUICaNG
5D
70
TOTAL
REIMBURSEMENT
$16,243
515,766
$51,562 CO
CC S.1:,097
DLrra;
50
DEEPHAVE:
60 .57,895
60
526,1E2
rx:ELsion
60
$7,905
GOLD L-I.; VALLEY
70
$51,312
GREMWDOD
50
$E11
HOPKINS
60
$26,776
MINIZEAPOLIS
70
$1,421,144
MIIZIETONKA
70
$32,912
MINNETRISTA
60
$2,603
MOUND
70
$21,245
NEW HOPE
50
$11,567
PLYMOUTH
80
$122,126
RICHFIELD
70
$80,383
ROBBINSDALE
80
$163,195
ROCKFORD
60
$351
SHOREWOOD
70
$8,546
SPRING PARK
50
$3,047
ST. RONIFACIUS
60
$423
ST. LOUIS PARK
80
$208,075
TONKA BAY
80
$17,452
WAYZATA
80
$32,408
WHRC (A)
60
$12,675
WOODLAND
80
$3,545
TOTALS
$2,395,387
(A) WHRC n West Hennepin Recycling Commission which
includes Greenfield, Independence, Long Lake,
Loretto, Maple Plain, Medina and Orono.
abLI
Randy Johnson
expects that financing such
collection would result in much
greater cost for the county.
(r1.1)c ;Nat! ilork irnt
4 — 2 1— 8 9
Not All Plastic Blights the Environment
To the , Lditor .
As a commissioner of Hennepin
County, which has the responsibility
and legal authority to manage solid
waste in Minnesota I was amused to
read of the supposed ban on plaseie
food packaging passed by Minneapolis,
where about one-third of our counts
residents live (news story. April If
Several years ago I proposed, and
our county board supported, a much
more comprehensive statewide ban on
plastic food packaging. We thought we
were enlightened environmentalists.
Further study taught its that not
only was such a ban unnecessary, but
also that it would reduce use of a
product that offers greater potential
for recycling than almost anything
else in the waste stream. Plastic food
packaging (with few exceptions) does
not contain heavy metals or other
toxic components that can cause
problems in incinerators. Also, plus.
tic does not pose serious leaching
problems in landfills.
Apparently, Minneapolis council
members learned the same thing.
Some refer to their ordinance as a
ban, but it really sets up a commis-
sion to study which plastics, if any,
should be banned It also exempts
polyethylene terepthalate and high
density polyethylene — most of the
plastic and container packaging — if
they are collected for recycling.
Our county pays up to 80 percent of
recycling costs for each of our 47
cities If they meet our guidelines The
money is raised not from a tax, but by
a surcharge. on nonrecycled waste.
Despite the hoopla about a sup-
posed ban on plastic food packaging. I
arn confident we will move quickly to-
ward recycling instead of banning
most plastic. RANDY JOHNSO ,
Minneapolas. April 7,1909
4/18/89 tarifibune
ili Wipoflil Of lilt Twill CititS
Proposal would have
Hennepin County pay
cities to recycle plastics
. Hennepin County should add
plastics to the list of garbage it pays
cities to recycle, County
. Commissioner Randy Johnson
, said Monday.
, He said he'll ask the County Board
to authorize that change after cities
get a chance to discuss it, He said
plastics recycling should begin once
the county's proposed recycling
center is operating early next year.
Recycling plastics is better than
banning them. Johnson said,
referring to a recently passed
Minneapolis ordinance that will
prohibit some types of food
packaging
liut Minneapolis Council Member
Siesc 'Tartlet, who engineered the
pOt kaging ordinance, said that
although tic supports Johnson's+ r
proposal, some packaging that
can't be reused needs lobe banned.
The county already pays cities up
to 80 percent of certain recycling
costs, depending on what share of
garbage is recovered. The county
made $2.4 million in payments for
paper, glass and can recycling last
year.
Among the most easily recycled
plastics are those used in milk and
pop bottles, Johnson said. A study
for the Metropolitan Council last
August found that 6.8 percent of
the garbage picked up in
Washington and Ramsey counties
consisted of plastics.
St Louis Park collected 40.000
pounds of' milk and pop hottic.typc
plastics last year. Recycling
coordinator Wally Wysopal said he
Johnson said he was confident that
recycling plastics would not result
in the same son of market glut that
has reached crisis proportions for
newsprint. He said there is an
extraordinan8 strong market for
recycled plastics locally.
0? 510)`,01 i!'0
/011tOf IIttitlf4
I Y!) f A AVC:
S I PALIt p•iN 511
I A0t,71).).01
, NEWS FOCUS
Solid Waste Concerns Spur
Plastic Recycling Efforts
With plastics taking up 30% of volume of municipal solid waste and
costs of landfilling and incineration rising rapidly, waste reduction
efforts focus on development of plastics recycling technology
Ann M. Thayer,
C&EN Northeast News Bureau
The management of solid waste is
reaching a crisis in the U.S. and
worldwide. This is illustrated by
wandering garbage barges with no
permission to land and by wastes
washing up on beaches.
Every year the U.S. generates
about 320 billion lb of what is
called municipal solid waste, or
postconsumer waste. About 85% of
this trash is currently disposed of
in landfills. Yet as the amount of
solid waste increases—and the
Environmental Protection Agency
estimates that it will reach 380 bil-
lion lb by 2000—a third of the
landfill, ore expected to close in
the next five years. Many people
are concerned that efforts to deal
with the growing quantity of gar-
bage are not moving fast enough.
Plastics make up only about 7% of solid wastes,
acimrding to figures prepared by Franklin Associates
for EPA, but plastics and paper are the fastest-growing
segments of such wastes. In 1987, the plastics industry
produced a total of 55 billion lb of plastics, and the
public discarded about 22 billion lb of that. By 2000,
plastics production may reach 75 billion lb, and the
public is expected to throw away about 38 billion lb of
that, accounting for 10u/u. of solid municipal wastes
that year. Although not a significant proportion by
weight, plastics have been targeted as a waste prob-
lem since, by volume, they are a very visible 30% of
municipal solid waste.
Rapidly rising costs of landfilling, as high or higher
than $100 per ton in some parts of the U.S., and of
alternative waste treatment methods, such as inciner-
ation, are making it prohibitively expensive to deal
with large amounts of waste. When coupled with the
desire to conserve resources and have an environ-
mentally acceptable means of reducing solid waste,
recycling is often considered as an alternative.
Recycling, although not inexpensive itself, can be less
costly than other disposal methods because there is
both a return on the reused materials and an offset of
landfill charges. Of the more than 300 billion lb of
solid waste produced, only about 10% is recycled an-
nually. Aluminum and paper are the materials recy-
cled most, with about 30% of the aluminum and 20%
of the paper reprocessed. Only 1% of the plastics is
recovered.
The apparent lack of movement in plastics recycling
has helped to make plastics a scapegoat in the battle
January 30, 1989 CAEN 7
kr; . .1 4
Clean, ground recycled polyethylene milk bottle chips fall
from pilot plant equipment into bin
News Focus
on solid waste. In the past decade, plastics have be-
come increasingly prevalent because of their light
weight, versatility in a range of applications, and
convenience. But many plastic consumer items have
short life spans and quickly make their way into the
waste stream. More than half of the discarded plastics
are found in the form of packaging, an area frequent-
ly targeted for recycling. Packaging, about one third
by weight of consumer waste, consists primarily of
paper (48%), glass (27%), and plastics (11%).
Much of the public believes that plastics cannot be
recycled or safely incinerated and, because they do not
decompose, that they should be removed entirely from
the waste stream. One can argue as to whether plastics
are in fact a major cause of the solid waste crisis, but
the answer is almost irrelevant since plastics are gen-
erally perceived to be a significant problem.
The result has been the rapid introduction of a
tremendous amount of local, state, and federal legisla-
tion that attempts to deal, one way or another, with
the problems of solid waste. Much of the legislation
has been aimed directly at plastics. On the federal
level, former President Reagan signed the Plastic Pol-
lution Control Act on Oct. 28, 1988, requiring that all
six-pack ring carriers be made of biodegradable mate-
rials. The act will go into effect unless, in the next two
years, EPA determines that it is either not feasible or
that the by-products of the biodegradable materials
are not environmentally safe. Efforts to deal with
solid waste issues are also expected to continue with a
reauthorization ot the Resource Conservation St Re-
covery Act, which at this time promotes recycling
only through government procurement guidelines.
The most comprehensive federal legislation pro-
posed to date was reintroduced this month by Rep.
George ). Hochbrueckner (D.-N.Y.). The bill, H.R. 500,
entitled the "Recyclable Materials Science & Technol-
ogy Development Act," has been described as the first
measure introduced to authorize a comprehensive con-
sumer product recycling program on a national level.
The bill stipulates that alter a lour -year joint review
by EPA and the Commerce Department, all consumer
items deemed recyclable would be identified and list-
ed. Items determined to be recyclable must then be
recycled, and all remaining items must be made bio-
degradable. After an additional year, the sale of cer-
tain nonrecyclable or nonbiodegradable consumer
goods would be prohibited. The bill would establish
an Office of Recycling Research & Information to
distribute information and funds for research. Com-
merce would be directed to look into ensuring tech-
nology development, expanding the end-use markets
for recycled materials, and encouraging the develop-
ment of biodegradable products.
On the state level, the interplay of plastics and
legislation began in 1978 with the introduction of the
polyethylene terephthalate (PET) beverage bottle. In a
relatively short time, nine states introduced -bottle
bills," or deposit laws on the return of plastic bottles.
In these states, the deposit laws account for collection
of an estimated 80 to 95% of the PET bottles sold. At
present, at least 30 states are looking into some sort of
waste management legislation involving plastics.
The existing or proposed legislation runs the gamut
of possible approaches, from the relatively benign
sponsoring of feasibility studies for recycling to out-
right bans on the use of plastics. Other approaches
include limited bans on certain items, such as polysty-
rene food containers, taxes on bottles or other con-
tainers, deposit laws, enforced usage of biodegradable
materials, and restrictions on government procure-
ment of recyclable or degradable items. In addition,
voluntary or mandatory recycling programs are starling
in many states. Susan Vadney of the Society of the
Plastics Industry (SPI) Council on Solid Waste Solu-
tions indicates that at least nine states have recycling
programs and six more are likely to follow.
A few states such as Rhode Island, New Jersey, and
California have become models for recycling programs,
with Rhode Island and New Jersey having mandatory
programs. In both states, several communities have
had successful pilot programs for recycling that have
included plastics. In October 1987, California enacted
a mandatory beverage container redemption law
(AB2020) with the condition that plastics manufactur-
ers guarantee end-use markets for recycled plastics.
Massachusetts, in a joint study with Rhode Island,
has recently released a Plastics Recycling Action Plan.
The plan includes plastics as a significant part of a
comprehensive recycling program aimed at reducing
municipal waste levels 25%. The plan promotes pilot
programs and further R&D into all aspects of recycling.
Added incentives to recycling sometimes take the form
of potential legislated penalties, such as taxes or de-
posits, that would be imposed if recycling goals, or
those for certain materials, are not met. These incen-
tives are often directed at bringing the recycling of
plastics up to a level comparable to aluminum cans
and glass bottles. Some states, like New lerect', are
also offering business loans, R&D funds, tax credits
on equipment purchases, and market stimulation as
incentives.
8 January 30, 0989 CSEN
g(pi
,• 11. H i(
!p1!tVY1 (4
t. ;• I!, ,1
I
i`',1 n It n ..1 n • Wi•
1,11,1,1C.1,t \ I!! Hi:, ''.1\ 21!
31,1 ,1111,! htTh".
It SV3`, !ill Us !!)31 !!!/
eritti ,,, t,
Ii t fF,r +LA' 11,H•!,11,•n •.ii !,1 11,...1 ,,,011t II
tr, T. r,,
raialieViarkWiNS319eP.X4441:11`...Z .:54
Dittman sits on plastic lunch made at CMill plant
News Focus
the attitudes driving toilay's legislation and would
like to see it take a new direction. "The legislation is
coming from a quick fix," says Pearson. "And it's too
early to make simplifying decisions, unless you know
the impact on society and the environment.
"But," he says, "what we can't let it do is cause us to
panic. We are trying to get a message out there about
recycling, but get it out there in a calm and rational
way. We want to get to various legislators and let
them know that when they have the facts, they will
see that banning plastics is not the answer."
But how and where does a group like this get its
facts? In 1985, PRI; made its primary objective the
establishment and support of the Center for Plastics
Recycling Research (CPRR) at Rutgers University.
Funds totaling nearly $2.3 million in 1988-89 to sup-
port research come from HU, Rutgers University, and
other organizations such as SPI, the National Science
Foundation, the New Jersey Commission on Science &
Technology (which has established CPRR as one of its
Advanced Technology Centers), and several state gov-
ernments and universities. In the near future, Rep.
Jim Courter (12..-N.J.) is expected to reintroduce a
proposal to fund the center as the National Center for
Plastics Recycling, the hub of a national effort with
other universities.
Starting up a research program in recycling is not information as widely and in as timely a lash ion
an unlikely thing for plastics manufacturers to do, can to help develop the infrastructure that trill cdt1,0
Pearson points out. "One of the things I don't think plastic, to be induded in the recycling stream," says
the public at all understands is that the plastics Indus- Morrow.
try recycles every plastic, every thermoplastic, every In its first two years. CPR R also comtrocled and
day." He explains that the reprocessing of in-house began operating what is potentially commercial-
scrap front the manufacture of plastic products has scale pilot plant facility. -To be able to reduce the
been a common practice for as long as the industry applied research to practice in a timely manner," says
has existed. Thus, much of the technology for reusing Morrow, "we realized that we had to have a process
plastics already exists. But, he notes, the use of in- development and demonstration facility Mot was sig-
house scrap is relatively straightforward, since nificantly larger than you would ordinarily espeet to
collecting and sorting the materials is not necessary. find at a university, or even in industry." Iii' add,
So the question CPRR was given regarding plastics that this has allowed them to move ,flong faster toward
recycling was, Pearson says: "How do you gather it a commercially viable design
bock trom 240 million Americans and do something through this Iocused it tort, CPRR has prodoced a
with it that makes any sense?" technology transfer manual that describes in detail
Under a charter to advance R&D in all aspects of the setup and operation of a plastics recycling plant.
plastics recycling and reuse, the job has been given to The hope of CPRR is that making the technology
Darrell R. Morrow, director of CPR R, and his staff. available will foster tl.e commercialization of plastic ,
The center operates with three divisions—research, recycling. There are currently 14 licensees of the CPRR
process development, and information services—that process worldwide; tWO of them are looking into build-.
work 011 covering the scientific, technological, eco- ing plants in the 'war future.
nom ic, environmental, and practical sides of recycling The process developed at CPRR is said to lw stint
plastics. This 111Cludes defining and developing the in its layout to those usoct in private industry. Most
necessary infrastructure to recycle plastics. This frame- plastic reclamat I011 systems are designed to work with
work consists of four areas: collection, sorting, recta- rigid containers, such as pET beverage bottles. and
illation, and reuse. Unlike other materials such as HDPE milk or household product containers. because
paper, metal, and glass, which have been recycled for they are currently the easiest postconsunwr items to
40 years or more, the infrastructure for plastics recycling collect and sort PEI beverage bottles are 3(11.1,111y mit
is not yet in place. one, but several materials: a PFT hods. (clear or green),
The center initially concentrated on reclamation a pigmented high-density polyethylene WI WI) lia ,c
and reuse ami developed a technology for the recta- cup, aluminum cap. label, and adhesive, Iti ,t•parale
mation ot postconsumer waste plastics. After only two these components, either a dry or wet separation meth-
years, CPRIZ published nearly 25 reports based on its od based on one or more it the dilletent phi -dial
research and !told conferences to provide for transfer- properties of the material, can to' used
ring the technology. "We want to disseminate the Frank W. Dittman, ',roped manager it the1 PRP
10 'Ol I 50. 1559 GUN
plant, describes its operation after the containers have
been collected and delivered to the plant. The bottles
sorted bt: hand separate out the more valuable
resins "We are looking at mechanical sorting based
on optical and electrical principles." says Dittman,
but whether that's going to beat hand sorting at cost.
I don't know. You can sort by hand pretty quickly."
After sorting, the bottles are shredded and ground
into chips for processing. The chips are then air classi-
fied, which, Dittman says, means that the lighter weight
paper and other contaminants are separated in an air
cyclone from the heavier plastic chips.
To remove the labels still attached to the chips, a
cost-effective and efficient nieans of removing a wa-
terproof adhesive had to be devised. After finally
finding a detergent wash that would work, he ex-
plains, it had to be optimized with respect to tempera-
ture, washing time, concentration of detergent, power
ofmixing„md, of course, concentration of chips.
In the case Ili the multicomponent ITT beverage
bottles, once the labels are removed, the lighter HOPE
fraction is separated front the heavier PET and alumi-
num pieces in a hydrocyclone system. It is at this
stage that other reclamation methods often differ,
using a separation step based on flotation methods;
Dittman suggests that the hydrocyclone system will
be an improvement over the flotation methods. The
IDPE chips ore then dried and collected.
The l'Ff and aluminum chips require further drying
stt that they can be electrostatically separated. This is
the most expensive part of the entire process. "The
aluminum cop is only I% by weight of the bottle,"
explains Dittman, "but the equipment to remove it
represents about 30`A of the investment in the plant.
It's out of balance, and we are trying to remove the
aluminum more cheaply." The process—which at the
CPRIZ plant can lundle about 600 IL, per hour, or a
potential capacity of about 5 million lb per year—
generates clean, well-separated (99.9,4) granulated plas-
tic chips that can be sold to a manufacturer who uses
technology comes (corn overseas, as the Europeans
and Japanese have been involved in recycling for a
longer period of time. There are other reclamation
processes for different resins, which have been devel-
oped by or licensed to private companies, but because
these are usually proprietary the details of their oper-
ations are not known.
Morrow makes a point of calling the system de-
signed at CPRR a "resin recovery system," to stress
the fact that it will work on about five different
resins. Currently PET and HDPE can be processed
together. and are easily separated because of their
different densities. The center hopes to add polysty-
rene and polyvinyl chloride to the mixed plastics
stream they process. But, with the present technology,
PET and PVC cannot be run together since they have
similar densities.
"We have a very ambitious objective," says Morrow.
"What we have challenged ourselves to is to Make our
resin recovery system a universal reclamation facili-
ty." Ideally, he explains, one would like to be able to
feed in mixed, even granulated, plastics and have
pure, generic resins come out the other end. This
would remove the need for hand sorting and, for
example, the separate processing of pigmented and
unpigmented HOPE containers. Morrow notes that
economics are driving this stage of the reclamation
process: Colored HOPE is less valuable than uncolored
HOPE, which has greater flexibility in end uses.
The value of recycled materials is present only if
there are available markets, and plastics have become
the second most valuable recyclable material after
aluminum. The greatest return on recycled plastics is
gained w hen the resins are reused in their original or
similar applications, or by producing materials with
added value, such as engineering plastics, If the prop-
erties of the resins are not compromised by the recla-
mation process, and if free enough of contaminants,
generic resins can be sold to the manufacturers of
•
News Focus
Chemical recycling of plastics is alternative to mechanical methods
In addition to mechanical methods of
reusing plastics, such as molding or
extruding, polyester resins also can be
reclaimed through chemical means and
used to produce new polymer composi-
tions. Eastman Chemicals (a division of
Eastman Kodak) and Freeman Chemical
Corp. have led In developing the chemi-
cal recycling of polyester resins. By
one of three reaction paths, Polyethyl-
ene terephthalate (PET) can be used to
produce polyols (for polyurethane foams)
and unsaturated resins, or it can be
broken down Into its original starting
components and repolymerlzod. Eastman
Chemicals, through the Plastic Bottle
Institute of the Society of the Plastics
Industry, has provided detailed discus-
sions of these reactions.
PET consists of repeating ethylene
glycol and terephlhalic acid (TPA) units
joined together by ester linkages. Aro-
matic polyols, hydroxyl-terminated short-
chain molecules consisting of TPA and
glycol units, can be produced from PET
In a one-step glycolysis reaction. The
Idea behind the reaction Is very simple:
High-molecular-weight PET is broken
down Into short-chain pieces through a
catalytic reaction of PET and diethylene
glycol. By heating a mixture of PET and
diethylene glycol In the presence of a
manganese catalyst, the polymer chain
Is cut Into short fragments, and the
ethylene glycol portions undergo ex-
change with the free diethylene glycol.
This reaction Is allowed to proceed until
an equilibrium between the two glycols
Is reached and the PET has been re-
duced to short-chain polyols.
The aromatic polyois resulting from
the reaction can be mixed with com-
mercial polyols, blowing agents, surfac-
tants, catalysts, and polymeric isocya-
nates to produce a rigid polyurethane
foam. When compared with control foams
produced from commercially available
polyester polyols, the foams produced
from reclaimed materials were found to
have essentially the same properties.
Freeman Chemical uses about 25 mil-
lion lb of postconsumer PET bottles and
film scrap to make polyols for the pro-
duction of rigid foams. The company
estimates that more than 50% of the
laminate foam Insulation used for con-
struction is made from recycled material.
PET resins also can be reused to
produce new unsaturated polyester res-
ins. This takes a two-step reaction. The
first reaction is similar to that used to
make the polyois but. instead of ethyl-
ene glycol, propylene glycol Is used in
the glycol exchange. The end products
of this reaction include bis(hydroxyethyl)-
terephlhalate and bis(hydroxypropyl)tere-
phthalate diesters, mixed ethylene gly-
col and propylene glycol terephthalate
diestert and free ethylene glycol and
plastic products as a replacement for virgin material.
But Food Sr Drug Administration restrictions prohibit
use of recycled resins in food applications, making one
major plastics market inaccessible to recycled resins.
Mixed, or commingled, plastics must be dealt with
differently to find end uses. Several technologies exist
for mixed plastics, such as the ET/1 extrusion process
from Advanced Recycling Technology of Belgium and
a compression-molding process from Recycloplast of
West Germany. At CPRR, another pilot plant with an
ET/1 extruder has been installed to make plastic lum-
ber out of mixed plastics. Lower-melting plastics in
the mixture act as a matrix that carries other plastics,
and even up to 40% contaminants, such as paper,
metal, glass, and dirt, into the mold. The resulting
product can be treated and used like wood in
nonconstruction applications such as decks, picnic ta-
bles, and park benches. Reclaimed HOPE resins are
also used to make flower pots, pipe, bottle base cups,
pails, and drums.
A few companies make mixed plastic items commer-
cially. About six years ago, Eaglebrook Plastics of Chi-
cago started recycling HOPE plant scrap, developing
its own technology for cleaning and reclaiming the
resin to be sold back to manufacturers. Eaglebrook
since has extended its technology to deal with
postconsumer waste and now buys bales of bottles
'rum community collection centers. An offshoot com-
dany, Eaglebrook Profiles, was recently opened to
make plastic lumber profiles using a proprietary,
continuous-extrusion process developed in-house.
Similarly', Polymer Products, a division of Plastic
Recycling Inc. of Iowa, is a young company that has
started buying industrial scrap and postconsumer plas-
tics, generally commingled, to make car stops, speed
bumps, traffic bollards, and plastic lumber. Floyd I lam-
mer, chairman of Plastics Recycling Inc., says that
when he started the company he had in mind to
manufacture value-added products with their own
end-use markets, rather than deal in the more volatile
commodity resins. He noted that two years ago there
wasn't a market for mixed plastics products, but that
the company has been building its market slowly, but
successfully, as one of the few small companies mak-
ing these types of products.
In contrast, PET end-use markets have been devel-
oping for at least 10 years. When the PET bottle was
introduced in 1978 and was collected in states with
deposit laws, the industry for recycling them and
reusing them began to develop. PET resins can be
reused to make polyols for insulation and unsaturated
resins for bathtubs, shower stalls, boat hulls, and auto
panels. Reclaimed PET is also used for strapping, paint
brushes, geotextiles, fibers for fiberfill and carpets,
and other textile applications.
Wellman Inc. of Clark, NT, the largest consumer of
reclaimed PET, recycles PET beverage bottles and scrap
to manufacture fibers, fiberfill, geotextiles, and other
products. Dennis Sabourin, vice president of Wellman,
indicates that the company used about two thirAs of
the PET bottles collected in the U.S., or about 100
million lb, in 1988. About 150 million lb of PET bot-
tles were collected nationwide and recycled in 19S8,
or about 20% of those manufactured. This is a substan-
tial increase over the 8 million lb collected in 1979 at a
time when the return of plastic bottles was just begin-
12 January 30, 1969 CEEN
HO
production, It does frequently
Polyethylene terephthalate (PET) use a methanolysis reaction,
which breaks down PET into
Its original starting materials.
propylene glycol. Since all of the prod- to reprocess large amounts pens of
ucts are hydroxyl-termlnated, reacting millions of pounds) of Kodak film scrap.
them with a dibasic acid like mcleic As David Cornell, manager of technology
anhydride produces new unsaturated and manufacturing in Eastman Chemicals'
polyester condensates, polyester recycling business unit, says.
This synthetic method has been suc- "It makes good sense for us at Eastman
cessfully tested on PET from beverage Kodak to recycle our scrap as it helps
bottles (a 2-L bottle, for instance, con- treat the solid waste problem and saves
sista of about 50 to 60 g of PET). Pro- on our disposal cost."
clueing unsaturated resins from reclaimed The methanolysls begins with roe-
PET takes about half the time as other sonably clean PET scrap to which a
methods and produces materials of equal catalyst and methanol are added. This
Molecular weight, acid value, and via- mixture is heated under pressure to
cosity. Glass fiber-reinforced laminates force the PET to depolymerize. The end
and unreinforced castings prepared from products are ethylene glycol and dl-
the reclaimed PET material test favor- methyl terephthalate (DMT). Pure MAT
ably with other materials and ethylene glycol are obtained through
recrystallizatIon and distillation, respec-
tively. These pure materials can be used
as feedstocks for the synthesis of new
polyesters.
A few special considerations must
be dealt with when reusing PET from
consumer sources in chemical recycling.
For example, the PET must be clean
and free of contaminating materials.
Using plant scrap assures the manufac-
turers of both the identity of the resin
and its purity. Using mixed colored res-
ins may pose a problem, although when
they are used In products that are not
visible to the consumer, such as foam
Insulation, color is not a factor.
Whether an economic advantage is
realized when using reclaimed materi-
als depends on several factors, ranging
from the relative Costa of obtaining and
reprocessing the materials to the cost
of virgin materials or feedstocks. In ad-
dition, the supply of materials and the
scale of the reprocessing effort may
play a significant role.
o cats does not currently use
CI-1 2 -01 2 -0-C Chlx-CHr-OH
ning. CPRII estimates a potential market now for at
least 500 million lb of reclaimed PET, increasing to
more than 900 million lb in 1993. Similarly, 55 mil-
lion lb of HDI'E containers were recycled in 1988 and
the potential market is estimated at 440 million lb,
growing to 660 million lb in 1993. By most estimates
the market for plastics reuse is growing.
According to an analysis of markets and economics
of recycling by R. M. Kossoff and Associates of New
York City, although the market for plastic resins can
fluctuate widely, economic incentives are present in
all aspects of the recycling chain. The firm sees the
business as highly segmented, with opportunities at a
variety of levels. These include collection, reclama-
tion, selling of reclaimed resins, end-use products,
and equ i pm ent manufacture. But as Richard M. Kossoff,
director of the study, says, "In the long run, the
markets will have to lead."
Increasing costs of virgin resins and viable end-use
markets are currently making the recycling business
attractive, and more and more companies, both large
and small, are entering the business. The 1988 Plastic
Bottle Recycling Directory and Reference Guide pub-
lished by the Plastic Bottle Institute of SP! currently
li,ts 67 companies that buy bulk bottles for recycling,
47 companies that sell reprocessed plastics, 50 compa-
nies that purchase reprocessed plastic, and 54 compa-
nies that manufacture equipment for recyclers.
Most people in the plastics recycling business will
tell you they can always use more plastic than is
currently available, but that the bottleneck is in get-
ting the materials collected from consumers. Sabourin
indicates that Wellman could use more than twice the
amount currently available and as much as three and
a half times that in the next two years. That more than
200 million lb of plastic containers were recycled with
no organized recycling program, other than deposit
laws in nine states, suggests that the level of plastics
recycling and the requisite end-use markets will prob-
ably rise with increased collection efforts.
Having produced a working reclamation plant, CPRR
is shifting its R&D emphasis to the areas of collecting
and sorting plastics. The center is in the process of
publishing another manual to help communities and
industry establish the infrastructure for collecting and
sorting plastics as a part of a comprehensive recycling
program. In following the progress and analyzing the
results of several community pilot programs, the cen-
ter has found that the success of th-se programs de-
pends on many factors. The most important factor is
the careful design and planning of a program to fit a
given community.
Even though including plastics in recycling pro-
grams is a new concept, participation rates can be as
high as 70 to 90%. "If you want to get serious about
collecting, you make it very simple for the consumer
to participate," says Pearson. This usually means curb-
side pickup programs for trash and recyclable materi-
als in suburban communities. In comparison, drop-off
programs only have a 10 to 30% participation rate.
Although mandatory recycling laws do help to direct-
ly communicate the need for recycling and enforce it.
Pearson feels that with sufficient education about the
solid waste problem and the value of recycling, most
people are very willing to participate And the value
of education is not to he underestimated, because the
Although Eastman Chemi-
the unsaturated resin synthe-
sis from reclaimed PET in its
January 30. 1989 C&EN 13
News Focus
moststitlitult initial obstacles to overcome are the
previous misconceptions people hold about plastics
not being recyclable
The extent to which a community gets involved in
recycling depends on the economics of collection,
transportation, handling, reprocessing, the revenues
trom sales of recycled materials, and the offset of
1,111,1101 or incineration fees The large nurnber of
variables makes the overall economics of recycling
programs complicated. Based on current costs and
market prices, the CPRR economic model predicts
that an average suburban community with landfill
charges of $45 per ton or more cannot afford not to
recycle. Although this should encourage some com-
munities to become involved in recycling, this does
not mean that local governments must become entre-
preneurs in the plastics end-use market. However,
government subsidies to start programs and stimulate
workct growth inight be necessary.
CPI2,R suggests that communities work toward de-
veloping regional Material Recovery Facilities (MRIE)
to handle all the recyclable materials collected. Several
MRI , facilities exist across the U.S., and the number
being looked at is growing rapidly. These larger facil-
ities, serving several communities, can handle sorting
and densification (baltng or shredding) in addition to
sale and transport of recyclables to reprocessors.
Promoting recycling and collecting plastic contain-
ers has led to the development of other organizations.
One of these is NAPCOR, the National Association
for Plastic Container Recovery, a nonprofit associa-
tion of 12 major PIET resin and container manufactur-
ers "We work with communities in recycling efforts
to either encourage including PH in existing pro-
grams or to have it included in programs under devel-
opment," says Luke B. Schmidt, president of NAPCOR.
NAPCOR has a goal of achieving a 507 recycling rate
for pa bottles by 1992.
NAPCOR works on a project-by-project basis to en-
courage collection, Schmidt says. These project, are
usually in demonstration programs. Currently, they
are working in at least seven states giving financial
support, technical assistance, and public education
and promotion programs. In addition, thy member
companies of NAPCOR have pledged to use a volun-
tary coding system developed by SPI to identify res-
ins. The code consists of a number and letter symbol
that can be imprinted on containers in the molding
process and should help in the sorting of resins.
The Plastic Bottle Institute of SPI and the Council
on Plastics & Packaging in the Environment (COPPE)
work to educate and provide information on pla s tics
recycling and waste issues. The Plastic Bottle Insti-
tute, with 23 industrial members, publishes newslet-
ters in addition to its extensive plastics recycling di-
rectory. Along with other organizations, it hopes to
inform the public about the recyclability il plastics
and the existence of viable end-use markets. WIPE
works to communicate in to industry. the
public, and government about plastics recycling and
waste management.
"We want to educate the public as to what can and
should be done so that decisions can be made on an
informed and not an emotional basis," says Connie
Pitt, communications coordinator for CO PIE. Although
not a lobbying organization, it does interact on mat-
ters of public policy as an in source and in a
peer review capacity. There are 42 companies in COPPE
that cover a broad base in the plastics industrv. Noel IL
Malone, manager of marketing in Eastman Chemicals'
polyester recycling division, says that the large num-
ber of groups spanning the plastics industry is benefi-
cial. "The industry is deep and wide, and specific
groups can focus in on specific problems,- he says.
New Jersey Division of Solid Waste Management
deputy director Sheil is encouraged that the plastics
industry appears to be joining together and moving
forward on recycling. "Unlike other industries Iglass
and paper], the plastics industry is a very diverse
group, ... especially by the time you get to the end
product," she says. "If the states hadn't put the pres-
sure on, it wouldn't have happened." Although the
industry has come a long way toward recycling plas-
tics, comments Shed, recycling plastics hasn't yet
become real on a large scale, and it will remain to be
seen what happens in the next few years.
In addition to getting involved in re:, ding through
organizations such as PRY, NAPCOR, and COPPE. the
plastics industry is expanding its own internal it torts.
Many of the major resin manufacturers, such as Du
Pont, Dow Chemical, Mobil Chemical, and Eastman
Chemicals, have taken positions on and responsibility
for solid waste issues and established corporate divi-
sions to focus on plastics recycling and/or solid waste
management. These divisions look into the govern-
mental PrivironniontAl
Speed bump is one of a number of end use products made
by Polymer Products from commingled plastics
of a product as recyclable lets the public perceive it in
a positive light and helps to maintain a market. And
joint ventures, acquisitions, and the building of
recycling businesses offer the plastics industry new
markets and promotional opportunities.
Mobil Chemical is a producer of polyethylene and
polystyrene resins and a major manufacturer of poly-
styrene products. In addition to recycling all in-house
scrap, the company purchases 100 million lb of poly-
ethylene film scrap to use in the production of institu-
tional trash bags. Robert J. Barrett, general manager of
Mobil's Solid Waste Management Solutions unit, ex-
pects that business opportunities will continue to arise
from the solutions to solid waste problems. An exam-
ple is Mobil's $.1 million joint venture company, Plas-
tics Again, with Genpak of Glens Falls. N.Y.
( ;en pa Ic„1 plastic products man u facturer, and Mobil
are in the process of opening and operating one of the
first plants to recycle polystyrene foam items such as
food containers, cups, and cutlery. The materials are
Icing collected from Massachusetts schools and insti-
tutions by New England Cltlitc, a major reclamation
firm and recycled materials end-use manufacturer.
The plant its a capacity to recycle 3 million lb per
year of polysty,,rene resin, which will be reused by
the companies or sold to producers of insulation, fence
posts. and flower puts. The new company is expecting
a profit by 1992.
Dow has entered into a joint venture
ogreeillent With Denitar of Canada to operate w hat
the companies hope will be by 1990 a self-sustaining
PET and IIDPE recycling business. The North Ameri-
can company is expected to take postconsumer plas-
tics and, using a proprietary Dow process, convert
them into resins for use in Dent tar's manufacturing or
t o b e i,oht by Dow.
()tiler industry efforts to "close the loop - of prod-
uct manufacture, recycling, and resin reuse include
Procter dr Gamble's marketing of a plastic household
product container made from recycled PET. johnson
Controls, a major manufacturer of PET beverage bot-
tles and containers, is also involved in promoting
recycling efforts. Internally, the company recycles in-
house scrap and is working on proprietary R&D ef-
forts in recycling. As a container manufacturer, John-
son Controls is also taking an interest in the design of
packaging to make it more recyclable. A company
spokesman indicates that approaches are being worked
on to begin marketing nonfood containers from recy-
cled materials. Manufacturers looking to use recycled
resins are concerned with getting consistent quanti-
ties and quality of the materials to make these efforts
economically feasible.
Although plastics have been targeted in the battle
on solid waste, and both government and industry
have responded, plastics are only one part of the
growing solid waste riiblv , The importance of in-
vestigating alternatives in waste disposal is becoming
obvious to all involved. And new organizations, such
as the Council on Solid Waste Solutions of the SP1, are
growing out of the plastics and other industries. Un-
like PRF, which emphasizes plastics recycling, the
Council looks into all aspects of the solid waste prob-
lem, focusing on reaching local, state, and federal
governments to influence legislation and on evaluat-
ing waste treatment technologies.
Alternative solid waste treatment methods are being
explored and plastics recycling will probably con-
tinue to be among them, because it doesn't seem
likely that our society will entirely give up their
plastic products. Morrow makes the important point
that plastics should be integrated slowly into the
recycling scheme, starting with beverage bottles and
moving on to other types of packaging, to provide
time for the collection, reclamation, and end-use in-
frastructure to grow. Forcing too much, too soon, into
the existing structure could do more harm than good
in terms of a collapse of the effort and backlash from
the apparent failure to recycle plastics. The outlook
on biodegradable plastics, as generally expressed by
the plastics industry, is that they may only find limit-
ed applications in agriculture or in dealing with litter.
EPA's Office of Solid Waste has proposed that an
integrated system of waste reduction, recycling, incin-
eration, and landfilling be established. This view seems
to be supported by most industries and many legisla-
tive and environmental groups, but with different
emphasis on the different components. EPA has also
set a goal for recycling 25% of solid waste nationwide.
Although the details and issues of solid waste man-
agement are both complex and controversial, it ap-
pears that after reducing the amount of waste through
recycling and burning that which can be safely incin-
erated in waste-to-energy conversion facilities, the
levels of materials left for landfills can be greatly
reduced. Still left to be dealt with are the issues of safe
and cost-effective incineration, air and ash toxicity
levels and disposal, establishment of a nationwide
recycling infrastructure, and development of efficient
and environmentally safe landfilling methods. 0
g" ') January 30. 19139 MEN 15
MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl Jullie
City Manager
FROM: Roger A. Pauly
City Attorney
DATE: April 25, 1989
SUBJECT: Lake Heights Third Addition
My opinion has been requested with respect to the following
question. Has the 3.11 acres, which is the subject of a request
to plat into Lake Heights Third Addition reverted to Rural
District Zoning from the RM-6.5 District to which it was zoned in
1981 together with other property by virtue of paragraph VIII,
Exhibit C, of a Developer's Agreement between Universal Land
Corporation and the City of Eden Prairie, dated April 7, 1981?
Paragraph VIII, Exhibit C of the Agreement provides: If
Owner fails to proceed in accordance with this Agreement within
24 months of the date hereof and provide proof of filing in
accordance with item VII. hereof, Owner for itself, its suc-
cessors, and assigns shall not oppose rezoning of said property
to Rural.
A review of the applicability of paragraph VIII, requires a
review of the entire Agreement to determine whether the owner
has proceeded in accordance with the Agreement. The Agreement
contains nine paragraphs imposing obligations upon the owner.
The following information relating to those paragraphs has been
obtained from the Staff Report to the Planning Commission, dated
February 24, 1989, a Memorandum from the Director of Planning to
the Mayor and City Council, dated March 16, 1989, and from files
and conversations with City staff. A discussion of the infor-
mation concerning the nine items follows:
1. The Agreement imposes upon the owner the obligation to
plat and develope the property in conformance with material
dated January 9, 1979, reviewed and approved by the City Council
on February 6, 1979. A Developer's Agreement is dated April 7,
1981. The property consisting of 22 acres was the subject of a
final plat, which received final council approval on and is dated
March 6, 1984. I am advised that the property has been developed
in accordance with the January 9, 1979 material with the excep-
-1-
tion of a portion which was rezoned by the Council in 1984 from
12 multiple units to four single-family homes (RM-6.5 to R13.5)
and the 3.11 acres which are the subject of the present request
for rezoning. The 1984 rezoning, of course, modified the obliga-
tion of the developer with respect to this paragraph.
2. The owner agreed to the performance and observance of
the obligations and the conditions set forth in Exhibit C, which
will be discussed hereafter.
3. Paragraph 3 requires the owner to convey to the City
Outlot A, Lake Eden, according to the plat on file and of record
and to not or permit any other person to grade or construct any
structure on Outlot A. Outlot A, Lake Eden was conveyed to the
City by deed dated March 6, 1984, filed February 5, 1985, and
there was no grading or structure thereon.
4. The owner was required to plat that part of Preserve
Boulevard within the property to a width of 50 feet. Preserve
Boulevard has been platted and constructed although not within
the plat of Lake Heights Addition. It is however within Outlot
R, Lake Eden of which Lake Heights Addition is a part.
5. The owner was required to petition the City for a
sidewalk within the right-of-way and east of the driving surface
of Homeward Hills Road, abutting the property and to construct a
portion of Preserve Boulevard which abuts the property with a 28
foot hard surface within a 50 foot right-of-way. Construction of
the sidewalks and Preserve Boulevard has been completed. While a
petition for improvement of a portion of Homeward Hills road has
been found, none has been found for the improvement of Preserve
Boulevard.
6. Paragraph 6 prohibits the owner from constructing any
driveway connecting any lot within the property with Anderson
Lakes Parkway or Homeward Hills Road. This prohibition has been
observed in the development of the property.
7. The owner is prohibited from constructing any structure
closer than 50 feet from Anderson Lakes Parkway or Homeward Hills
Road. This prohibition has also been observed.
8. This paragraph provides for assessments for sewer and
water construction within that part of Homeward Hills Road
abutting the western side of the property to be levied against
the property. This has been accomplished.
9. This paragraph requires the owner to post one sign along
the south side of Anderson Lakes Parkway and one sign along the
west side of Preserve Boulevard in locations depicted on Exhibit
B informing the public of future multiple residential develop-
ment. The paragraph states that "the signs must be approved by
-2-
the Planning Department and in place prior to issuance of any
Building Permit".
There is a dispute as to whether the signs were ever posted.
Persons in the neighborhood are of the belief that they were
never posted, while John Lassen in his letter to the Mayor and
Council, dated March 20, 1989, contends that they were installed
in 1981.
Exhibit C imposes for the most part obligations on the
owner to be observed during the construction process. Since the
property, with the exception of that which is under consideration
fur rezoning, has been developed and construction completed it is
assumed at this point in time that those provisions were either
waived, followed, or inapplicable to this particular development.
In the light of the obligations cast upon the owner by the
1981 Agreement having been performed, waived, or were inappli-
cable with the exception of the disputed obligation of posting
signs along Anderson Lakes Parkway and Preserve Boulevard, has
the 3.11 acre parcel automatically reverted to the Rural
District?
The answer to that question is clearly "no". First,
paragraph VIII, Exhibit C does not provide for an automatic
rezoning, but only provides that in the event the owner fails to
proceed in accordance with the Agreement within 24 months the
owner will not oppose rezoning of the property to Rural.
Second, Minnesota Statutes §462.357 which delineates the proce-
dures for zoning property as well as Chapter 11 of the City Code
clearly require that rezoning be accomplished by ordinance and
pursuant to notice and public hearing.
Having concluded there is no automatic reversion of the pro-
perty to the Rural zoning district does paragraph VIII of Exhibit
C prevent the owner from opposing rezoning of the property to
Rural? The question here is has the owner failed to proceed in
accordance with the Agreement within 24 months of the date of the
Agreement? With respect to this issue it is noted that the
Council granted a one year extension on April 5, 1983. Thus the
date by which the owner was required to proceed was April 7,
1984. While some of the obligations imposed may not have been
performed within the three year time period, others were
accomplished within that time frame. For example: The final
plat was approved by the Council on and dated March 6, 1984.
Engineering work for improvements within Lake Heights Addition
was performed. Outlot A was conveyed prior to the date of the
Agreement. Street improvements for Homeward Hills Road and
Preserve Boulevard were installed and assessed against the pro-
perty. One dictionary's definition of proceed is to go forward
or onward, to undertake and carry on some action or process, or
to move on in an orderly manner. The American Heritage
-3-
Dictionary, Second College Edition. Thus in my opinion it would
be difficult if not impossible to sustain a contention in court
that the owner failed "to piocoed" in accordance with the
Agreement.
Conclusion
The 3.11 acres which are the subject of the present request
for rezoning have not reverted to the Rural District nor is the
owner precluded pursuant to paragraph VIII, Exhibit C of the 1981
Developer's Agreement from opposing rezoning to the Rural
District.
Caveat. The foregoing does not reflect an opinion as to
whether the Council may or may not appropriately rezone the 3.11
acres to the Rural District pursuant to regularly established
procedures. Such proceedings would raise not only legal, but
environmental, engineering, planning and sociological issues not
addressed by this memorandum.
r'r?
Timber Lakes Association
April 17, 1989
City of Eden Prairie
City Council
7600 Executive Drive
Eden Prairie, Minnesota 55347
Gentlemen & Ladies:
APR 19 1989
The purpose of this letter is to request that the City of Eden Prairie
explore the primary alternative of raising the water level of Mitchell
Lake.
At the annual homeowners meeting of the Timber Lake association, our
members voted unanimoulsly that this option be proposed rather than to
reforest the surrounding lakeshore. This should not be construed as
their being unappreciative of the reforestation option but rather a
ddesire to have higher lake levels.
As a way of some background, the lowest basement in the neighborhood
is at 7990 Island Road. The floor is at 876.5 feet sea level. The
DNR has establihed flood level at 874.0 or 2.5 feet below the 7990
Island Road basement. The homeowners are requesting a lake level of
871.5 feet which is 5.0 feet below the lowest basement in the
neighborhood and 2.5 below flood level.
During the last time that Eden Prairie experienced a 100 year rain,
Mitchell Lake rose 2.8 feet, from 871.2 to 874.0. Given the current
drought as well as the chain of lakes project, the last reading was
recorded at 868.2 feet.
The City Council is all too well aware of the advantages associated
with a higher lake level, and therefore will not waste valuable time.
I would, however, ask you to consider these when comparing this
alternative with reforestation.
In summary we, the homeowners of Timber Lakes Association, hereby
request that the lake level be raised to 871.5 feet, which we
understand is easily doable, and with minimal associated cost.
Thank you for your consideration and as always we, the Board Members
would be delighted to discuss this as well as other alternatives at
your convenience.
Sincerely,
6.)
W. G. Scholz
Secretary
Timber Lakes Association
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION R89-85
RESOLUTION APPROVING THE PRELIMINARY PLAT OF RED ROCK VIEW ADDITION FOR
MARK OLSEN
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Red Rock View Addition for Mark Olsen, dated April 27,
1989, consisting of 5.7 acres into nine single family lots, a copy of which is on
file at the City Hall, is found to be in conformance with the provisions of the Eden
Prairie Zoning and Platting ordinances, and amendments thereto, and is herein
approved.
ADOPTED by the Eden Prairie City Council on the 2nd day of May, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
1-- f
.
- - ....., ..........'
-1 —, _. ._ ‘,n.,.; ., , N, ,
AREA LOCATION MAP
STAFF REPORT
TO: Planning Commission
Donald R. Uram, Assistant Planner
Chris Enger, Director of Planning
April 21, 1989
Red Rock View Addition
West of Meadowvale Drive, east of Bluesky 1st Addition
Mark Olsen
1. Preliminary Plat of 5.7 acres into 9 single family lots and
road right-of-way.
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE OWNER:
REQUEST:
Background
This is a continued item from the
April 10, 1989, Planning Commission
meeting. The direction given to the
proponent by the Planning Commission
was to increase the lot sizes to
meet the R1-22 zoning district
requirements, to review the
possibility for 125—foot lot widths
along Meadowvale Drive, and to
provide 50-foot front yard setbacks.
Because the property is currently
zoned R1-22 and the revised
preliminary plat meets the require-
ments of the zoning district, the
request for a change from R1-22 to
R1-13.5 has been withdrawn.
Site Plan/Preliminary Plat
In order to meet the R1-22 zoning
district requirements, the number of
lots have been reduced from 11 as
shown on the previous plan to 9.
Lot sizes range from a minimum of
22,000 square feet to a maximum of
30,870 square feet. The average lot
size is 25,942 square feet. All the
lots meet the minimum requirements
TO\
Red Rock View 2 April 21, 1989
of the R1-22 zoning district. Lot widths adjacent Meadowvale Drive within this
subdivision measure 102.9 feet. In requesting the 125—foot lot widths, a concern of
the neighborhood was the distance between houses. The R1-22 zoning district will
provide a minimum distance of 30 feet between houses while the R1-13.5 would provide
20 feet. If the proponent is required to provide 125—foot lot widths, one
additional lot would have to be removed.
Access to this site is from Sutton Drive and Meadowvale Drive. Meadowvale Drive is
currently a gravel road without utilities and will have to be upgraded in order to
serve this project. The proponent must submit a petition for the upgrading of
Meadowvale Drive. In addition, a street to the west will be constructed through the
project to provide access to proposed Strawberry Hill Addition located adjacent
County Road #4.
Grading
Elevations on this site range from a high point of 8801 within Lot 8 and 880 within
Lot 2. The site slopes towards the drainage area which is located to the property
directly west of the proposed project. The site is virtually void of trees and
rolling in nature. Minimal grading will occur to allow for the construction of
building pads and road construction. The grading plan has been revised to reflect
50 foot front yard setbacks along Meadowvale Drive with the exception of Lot 3.
Depending upon the house style, a 50-foot setback could also be met on this lot.
Utilities
Sanitary sewer service is proposed to be extended to this site through proposed
Strawberry Hill Addition from sewer and water lines to the west of County Road #4.
Storm water run-off is proposed to sheet drain across the proposed lots; however,
because of the street construction, catch basins will be required and these plans
shall be submitted prior to Council review. The decision to extend utilities to
serve the subdivision has not been made at this time. A petition for utility and
road construction must be reviewed and accepted by the City as a condition of zoning
and plat approval.
STAFF RECOMMENDATIONS
Staff would recommend approval of the preliminary plat based on revised plans dated
April 19, 1989, subject to recommendations of the staff report, dated April 21,
1989, and subject to the following conditions:
1. Prior to Council review, proponent shall submit a petition for the extension
of sanitary sewer, water service, and street construction for Meadowvale
Drive.
2. Prior to Final Plat approval, proponent shall:
A. Provide detailed storm water run-off, utility and erosion control
plans for review by the City Engineer.
B. Provide detailed storm water run-off and erosion control plans for
review by the Watershed District.
Red Rock View 3 April 21, 1989
3. Prior to Building permit issuance, proponent shall:
A. Notify the City and Watershed District at least 48 hours in advance
of grading.
B. Pay the appropriate Cash Park Fee.
4. Approval of the preliminary plat is contingent upon City Council acceptance
and approval of the petition for roads and utilities.
-MEMORANDUM-
TO:
Chairman and Planning Commission Members
FROM: Alan Gray, P.E.
City Engineer
DATE: April 7, 1989
RE:
Red Rock Shores, Strawberry Hill and Red Rock View Addition
The purpose of this memo is to discuss utility service for three newly
proposed residential subdivisions located east of County Road 4 in the
vicinity of Lake Shore Drive. The proposed Red Rock Shores subdivision
consists of 16 residential lots located on approximately a 19 acre parcel
north and east of Lake Shore Drive adjacent to Red Rock Lake. Strawberry
Hill and Red Rock View additions are situated southerly of Lake Shore Drive
between Meadowvale Road and CSAH 4.
SANITARY SEWER: Trunk sanitary sewer service for this area is provided by
the newly constructed Red Rock Interceptor sewer. As part of the Fairfield
Addition westerly of County Road 4 3 a lateral sanitary sewer was extended
easterly from the Red Rock Interceptor sewer to the west right-of-way line of
CSAH 4 for the purpose of providing sanitary sewer service to the Lake Shore
Drive, Meadowvale Drive and Red Oak Drive area. From its current termination
point in the Fairfield Addition sanitary sewer may be extended easterly
across CSAH 4 and through the proposed residential subdivisions as shown on
the preliminary utility plan for Red Rock Shores. The nine most northerly
lots within the proposed Red Rock Shores subdivision are adjacent to Red Rock
Lake and have proposed basement elevations below the invert of the extended
gravity sanitary sewer. A lift station will be required for this area as
shown on the preliminary utility plan for Red Rock Shores. In addition to
the sanitary sewer shown on the preliminary utility plan for Red Rock Shores
it is recommended that sanitary sewer be extended in Scenic Heights Road to
provide sewer service to the existing home on the east side of CSAH 4 south
of the future intersection of Scenic Heights Road and CSAH 4.
As part of this proposed plan sanitary sewer would be constructed in a
segment of Meadowvale Road and Red Oak Drive providing sanitary sewer service
to existing residential homes in this neighborhood as well as the proposed
new subdivisions.
WATER: Trunk watermain will be extended south along CSAH 4 this coming
construction season. Completion of this trunk watermain project will make
lateral water available for extension through the proposed residential
subdivisions. The segment of watermain to be extended from CSAH 4 within
1•7,
April 7, 1989
Page 2 of 2
future Scenic Heights Road will be 16" trunk watermain. The remaining
watermain extended within the proposed residential streets may be 6"
watermain provided that the system loops back to the trunk watermain on CSAH
4.
STORM DRAINAGE: The Strawberry Hill and Red Rock View additions lie within a
16--acre watershed easterly of County Road 4 that drains to a small kettle
hole that currently has no outlet. As part of the subdivision improvements a
storm sewer outlet to Red Rock Lake from this kettle hole will be
constructed. Preliminary drainage calculations have been provided and
indicate that sufficient storage and outlet hydraulic capacity can be
provided for this area to provide protection from storm events of a magnitude
equivalent to the July 1987 storm.
The remaining areas of the proposed subdivisions drain to Red Rock Lake.
Lateral storm sewer is proposed as shown on the preliminary utility plan.
The current outlet to Red Rock Lake from the intersection of Red Oak Drive
and the proposed residential street within Red Rock Shores is inadequate and
will require reconstruction as part of a City Improvement Contract or
privately by the proposed developments.
PETITION
We, the residents of the Red Rock West neighborhood,
(Including the streets of Meadowvale Dr., Red Oak Dr. and
Summit Dr.) do hereby request that the road planned In the
new development north of our neighborhood, end In a culdesac
as the developers originally planned, instead of connecting
to Red Oak Dr.
The majority of people who built In our neighborhood did
so because it was a quiet, dead-end area. We understand the
need to have a second exit/entrance Into our neighborhood
for public safety, etc., but feel that the new road planned
to connect Meadowvale Dr. to Lakeshore Dr. will fulfill that
need. Extending Red Oak Dr. would offer a shortcut to
Scenic Heights Rd. for residents In the development now
being built west of Cty. Rd. 4 - changing the character of
our neighborhood from one with no outside traffic to one
with a possible heavy traffic flow.
The major reason we have been given for having this
connection Is that culdesacs cause problems for plowing,
mall delivery and public safety. Recent developments around
us have numerous culdesacs, as does most of the City of Eden
Prairie. One more culdesac does not seem to be Inconsistent
with past planning.
911
A -
PETITION 4/89 (7
We, the residents of the Red Roc
k
W
e
s
t
n
e
i
g
h
b
o
r
h
o
o
d
,
(including the-streets of Meadow
v
a
)
e
D
r
.
,
Red Oak Dr.. Summit .Dr., ,andAhe,east . side of Cty.-Rd. 4) do hereby request, for the purpose of kee
p
i
n
g
f
u
t
u
r
e
n
e
w
h
o
m
e
s
consistent with existing homes
I
n
o
u
r
n
e
i
g
h
b
o
r
h
o
o
d
,
t
h
a
t
t
h
e
planning commission take the fo
l
l
o
w
i
n
g
a
c
t
i
o
n
s
:
1. Retain the current zoning of R-2
2
f
o
r
t
h
e
p
r
o
p
o
s
e
d
additions of Strawberry Hill, R
e
d
R
o
c
k
V
i
e
w
A
d
d
i
t
i
o
n
,
a
n
d
Red Rock Shores. .:The residents of this neighborh
o
o
d
b
o
u
g
h
t
and built in this neighborhood
p
a
r
t
i
a
l
l
y
b
e
c
a
u
s
e
o
f
t
h
e
large size of the lots, The ent
i
r
e
a
r
e
a
h
a
s
t
h
e
s
a
m
e
s
i
z
e
zoning and.lt Is reasonable to e
x
p
e
c
t
t
h
a
t
t
h
e
z
o
n
i
n
g
w
o
u
l
d
remain consistant. :The developers who have purchas
e
d
l
a
n
d
to be developed in our neighborh
o
o
d
b
o
u
g
h
t
l
a
n
d
z
o
n
e
d
R
-
2
2
.
They should -be-expected to develop the lots
a
c
c
o
r
d
i
n
g
t
o
t
h
e
present zoning.
2. To be.visually consistent with
t
h
e
n
e
i
g
h
b
o
r
h
o
o
d
the frontage of the proposed lots o
n
M
e
a
d
o
w
v
a
l
e
D
r
.
b
e
consistent with facing lots cu
r
r
e
n
t
l
y
o
n
M
e
a
d
o
w
v
a
l
e
D
r
.
-
-
1
2
5
ft. minimum as opposed to the pr
o
p
o
s
e
d
1
0
0
f
t
.
.
f
r
o
n
t
a
g
e
.
3. That the setbacks of the propose
d
l
o
t
s
o
n
M
e
a
d
o
w
v
a
l
e
D
r
.
be consistent with current cons
t
r
u
c
t
i
o
n
i
n
t
h
e
r
e
s
t
o
f
t
h
e
neighborhood--50 feet Instead
o
f
t
h
e
p
r
o
p
o
s
e
d
3
0
f
e
e
t
.
I
t
would be inconsistent with the
t
w
o
h
o
u
s
e
s
p
r
e
s
e
n
t
l
y
o
n
Meadowvale Dr. If this Is not c
h
a
n
g
e
d
.
4. We would recommend that the hom
e
s
b
u
i
l
t
o
n
e
i
t
h
e
r
t
h
e
existing Meadowvale Dr. or Red O
a
k
D
r
.
a
d
h
e
r
e
t
o
s
o
m
e
o
f
t
h
e
restrictive covenants existing
o
n
t
h
e
r
e
s
t
o
f
t
h
e
l
o
t
s
-
-
s
u
c
h
as no fences In the front yard,
a
m
i
n
i
m
u
m
f
i
r
s
t
f
l
o
o
r
s
i
z
e
of 1100 sq. ft. for a 2 story ho
m
e
,
1
3
0
0
s
q
.
f
t
.
f
o
r
a
1
story home.
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Petition
April 7, 1989
We believe that street additions to the Red Rock West
neighborhood are unnecessary and would only increa
s
e
t
r
a
f
f
i
c
.
The current configuration of Meadowvale Dr. and Red
O
a
k
D
r
.
i
s
a
hosechoe which is more than adequate for snow removal
a
n
d
s
c
h
o
o
l
Petition
April 7, 1989
We believe that street additions to the Red Rock West
neighborhood are unnecessary and would only increase traffic.
The current configuration of Meadowvale Dr. and Red Oak Dr. is a
horseshoe which is more than adequate for snow removal and school
bus s.
Clatif _..er..e.titc-4, 86 vo 4.„(4.1 404, ind
/ )
14 7 /7( %// Cti-L,13,2
7/1,-114V _
ike JJ7)1I 5 7 e p
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1711 16-7t,o.,„,,if
X 750 kilec-vz ,a".,
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\
•I•
PETITION 4/89 (7
We. the residents of the Red Rock West neighborhood,
(including the streets of Meadowvale Dr., Red Oak Dr. and
Summit Dr.) do hereby request that the road planned In the
new development north of our neighborhood, end In a culdesac
as the developers originally planned, Instead of connecting
to Red Oak Dr.
The majority of people who built In our neighborhood did
so because It was a quiet, dead-end area. We understand the
need to have a second exit/entrance into our neighborhood
for public safety, etc., but feel that the new road planned
to connect Meadowvale Dr. to Lakeshore Dr. will fulfill that
need. Extending Red Oak Dr. would offer a shortcut to
Scenic Heights Rd. for residents In the development now
being built west of Cty. Rd. 4 - changing the character of
our neighborhood from one with no outside traffic to one
with a possible heavy traffic flow.
The major reason we have been given for having this
connection is that culdesacs cause problems for plowing,
mall delivery and public safety. Recent developments around
us have numerous culdesacs, as does most of the City of Eden
Prairie. One more culdesac does not seem to be Inconsistent
- with past planning.
ckn f t-SS
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C..
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To: Eden Prairie Planning Commission
Apr.7, 1989
The neighborhood we call Red Rock West, consi
s
t
i
n
g
o
f
t
h
e
h
o
m
e
s
on Meadowvale Dr., Red Oak Dr., Summit Dr. an
d
t
h
e
n
e
a
r
h
o
m
e
s
o
n
the east side of Cty. Rd. 4, was invited
t
o
a
n
e
i
g
h
b
o
r
h
o
o
d
meeting March 30, 1989 called by Bill Gi
l
k
i
n
w
h
i
c
h
t
h
r
e
e
developments (Strawberry Hil), Red Rock View
A
d
d
i
t
i
o
n
,
a
n
d
R
e
d
Rock Shores) which adjoin our neighborhood wer
e
p
r
e
s
e
n
t
e
d
.
We were unhappy with the developers' plan
s
a
n
d
called a
neighborhood meeting Wed. April 5. On two days
n
o
t
i
c
e
2
1
f
a
m
i
l
i
e
s
attended. The two petitions that follow will b
e
p
r
e
s
e
n
t
e
d
M
o
n
d
a
y
night at the Planning Commission Meeting.
W
e
n
e
e
d
t
h
e
r
e
s
t
o
f
the weekend to route the petitions around the
n
e
i
g
h
b
o
r
h
o
o
d
f
o
r
signatures. Also included is a copy of th
e
a
t
t
e
n
d
e
e
s
o
f
o
u
r
meeting. These families endorse the two petit
i
o
n
s
2
1
-
0
.
149 expect a large turnout from the neighborhood at Monday
n
i
g
h
t
'
s
planning meeting.
We ask that you consider the needs of our neig
h
b
o
r
h
o
o
d
.
Bill Sauro 8750 Meadowvale Dr.
Wp
PETITION 4/89
We, the residents of the Red Rock West neighborhood.
(Including the streets of Meadowvale Dr., Red Oak Dr.,
Summit Dr., and the east side of Cty. Rd. 4) do hereby request, for the purpose of keeping future new homes
consistent with existing homes in our neighborhood,that the
planning commission take the following actin
1. Retain the current zoning of R-22 for the proposed
additions of Strawberry H111, Red Rock View Addition, and
Red Rock Shores. The residents of this neighborhood bought
and built in this neighborhood partially because of the
large size of the lots. The entire area has the same size
zoning and It is reasonable to expect that the zoning would
remain consistent. The developers who have purchased land
to be developed In our neighborhood bought land zoned R-22.
They should be expected to develop the lots according to the
present zoning.
2. To be visually consistent with the neighborhood the
frontage of the proposed lots on Meadowvale Dr. be
consistent with facing lots currently on Meadowvale Dr.--125
ft. minimum as opposed to the proposed 100 ft. frontage.
3. That the setbacks of the proposed lots on Meadowvale Dr.
be consistent with current construction in the rest of the
neighborhood--50 feet Instead of the proposed 30 feet. It would be inconsistent with the two houses presently on
Meadowvale Dr. If this Is not changed.
4. We would recommend that the homes built on either the
existing Meadowvale Dr. or Red Oak Dr. adhere to some of the
restrictive covenants existing on the rest of the lots--such
as no fences In the front yard, a minimum first floor size
of 1100 sq. ft. for a 2 story home. 1300 sq. ft. for a 1
story home.
Petition
April 7, 1989
We believe that street additions to the Red Rock West
neighborhood are unnecessary a
n
d
w
o
u
l
d
o
n
l
y
i
n
c
r
e
a
s
e
t
r
a
f
f
i
c
.
The current configuration of Me
a
d
o
w
v
a
l
e
D
r
.
a
n
d
R
e
d
O
a
k
D
r
.
i
s
a
horseshoe which is more than ade
q
u
a
t
e
f
o
r
s
n
o
w
r
e
m
o
v
a
l
a
n
d
s
c
h
o
o
l
buses.
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C (6-41
,
/5- 7/,
Art,/ .4(41.
EG6 /c7e C.71:,
/s-?/(
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #89-86
RESOLUTION APPROVING THE PRELIMINARY PLAT OF STRAWBERRY HILL FOR
DENNIS J. WITTENBERG
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Strawberry Hill for Dennis J. Wittenberg, dated April
27, 1989, consisting of 3.2 acres into five lots, a copy of which is on file at the
City Hall, is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 2nd day of May, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
\., ("— ;n ,....)e )0.1:% c."
• # e 0, ri
I -.PROPOSED SITE
1
- I ^ •
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE OWNER:
REQUEST:
Background
Planning Commission
Donald R. Uram, Assistant Planner
Chris Enger, Director of Planning
April 21, 1989
Strawberry Hill Subdivision
South of Lake Shore Drive, east of County Road #4
Dennis J. Wittenberg
1. Preliminary Plat of 3.2 acres into 5 single—family lots.
This item was continued from the
April 10, 1989, Planning Commission
meeting, to allow the proponent time
to make plat revisions consistent
with the R1-22 zoning district.
Because the property is currently
zoned R1-22 and the revised
preliminary plat meets the require-
ments of the zoning district, the
request for a change from R1-22 to
R1-13.5 has been withdrawn.
Site Plan
The revised site plan depicts the
subdivision of 3.2 acres of land
into 5 single--family lots at a
density of 1.56 units per acre.
There is an existing house on
proposed Lot 4. Lot sizes range
from a minimum of 18,972 square feet
to a maximum of 27,732 square feet
with an average lot size of 23,168
square feet. All lots meet the
minimum requirements of the R1-22
zoning district with the exception
of Lot 4 which will require a lot
size variance. The variance is
created by the location of the pond
and the existing building pad
requirements for Lots 1-3. AREA LOCATION MAP
1 091
Strawberry Hill 2 April 21, 1989
Access to the proposed subdivision will be from the interior street while the
existing home will continue to have access to County Road #4.
Grading
Grading will follow the natural contours of the land. The northwest portion of the
low area being filled to accommodate building pads. The Engineering Department has
reviewed this and has indicated the amount of fill to be acceptable. There is enough
storage capacity within this low area to accommodate a 100-year flood. There will
be a storm sewer outlet to Red Rock Lake. Houses must be set at a minimum of 2 feet
above the elevation.
Utilities
Sanitary sewer service is proposed to be extended to this site across County Road
04. The decision to extend utilities to serve this subdivision has not been made at
this time. A petition for utility and road construction must be reviewed and
accepted by the City as a condition of zoning and plat approval.
STAFF RECOMMENDATIONS
Staff would recommend approval of the project based on revised plans dated April 18,
1989, subject to the recommendations of the Staff Report dated April 21, 1989, and
subject to the following conditions:
1. Prior to Council review, proponent shall submit a petition for the extension
of sanitary sewer, water service, and sewer construction.
2. Prior to Final Plat, proponent shall:
A. Provide detailed storm water run-off, utility, and erosion control
plans for review by the City Engineer.
B. Provide detailed storm water run-off and erosion control plans for
review by the Watershed District.
3. Prior to Building permit issuance, proponent shall:
A. Notify the City and Watershed District at least 48 hours in advance
of grading.
B. Pay the appropriate Cash Park Fee.
4. Approval of the rezoning and preliminary plat is contingent upon City
Council acceptance and approval of petition of roads and utilities.
5. Apply for and receive a variance from the Board of Appeals for a lot size
less than 72,000 square feet for Lot 4, Block 5.
10(f)-
MEMORANDUM
TO: Mayor and Councilmembers
FROM: Waste Management Commission
SUBJECT:
Recommendations for a Residential Recycling Program
DATE: April 27, 1989
During the past four months the Waste Management Commission has studied the
solid waste management system in Eden Prairie and the opportunities available to
reduce the amount of refuse destined to landfills by reusing and recycling these
wastes. Commission members have spoken with waste collectors and Hennepin
County staff, toured a waste processing facility, held a meeting for public
comment, and spent several hours in research and discussion. The field of
recycling and waste abatement is one which is evolving rapidly. The recycling
program recommended by the Commission is designed to provide a reliable,
consistent, predictable system which can remain flexible with the opportunities
for further recycling as they develop.
Goals: In developing a recycling program, the Commission had several guiding
principles:
1) The City's program should strive to achieve the maximum
abatement practical.
2) A mix of recycling strategies will be necessary to achieve
the maximum amount of recycling possible.
3) Recycling opportunities ought to be equally and uniformly
available.
4) Recycling operations should be consistent with Hennepin
County and Metropolitan Council plans and policies.
5) Recycling services should be reliable, predictable, and
consistent.
6) Recycling should build on its success. New materials to
be collected should be added only after reliable markets
are assured.
7) When possible, recycling services should be provided in
a manner which gives a waste generator an economic
incentive to recycle.
Policies of Other Governmental Agencies: Plans and policies of other
governmental agencies shape the City's possible courses of action. Metropolitan
Council policies require metropolitan counties to recycle at least 16 percent of
their solid waste recycled through source separation. Hennepin County's latest
plans have cities responsible for seeing that at least 10 percent of their
residential solid waste is recycled through source separation. The County would
be responsible for coordination of business and institutional recycling.
State law mandates that no yard waste be placed in sanitary landfills beginning
in 1990. Further, yard wastes will not be accepted at waste facilities in the
Hennepin County system.
03
- 2 -
Developments within the Private Collection Industry in Eden Prairie:
When the Commission began its study in January, licensed collectors of
residential refuse had stated a preference for having the responsibility on them
for providing recycling services to their customers. During the study process,
Commission members found greater merit in having one firm under contract to
collect recyclables. However, beginning April 1, Admiral Waste Management began
collecting source-separated recyclables from its 2000 or so Eden Prairie
accounts. Woodlake Sanitary Services/BFI very recently announced its intent to
provide collection of source-separated recyclables from the 7100 households it
serves in Eden Prairie. (It is estimated that there are 10,500 housing units
which are not apartments or condominiums that would be served in a recycling
program begun this year.) This private initiative offers several advantags to
the City and its residents.
The Recommended Waste Management Program:
1. The City should designate Reuter Recycling, Inc. as the recipient of all
non-recyclable solid waste not collected separately at curbside.
The engineering design of this facility would result in up to 85
percent of solid waste not ending up in a landfill. The waste
processing system would recover more material for reuse than the
Hennepin County system in which these materials would be
incinerated.
2. The City should maintain the "open collection system" for solid waste
materials other than recyclables.
The current system of residential waste collection in Eden
Prairie is known as an "open system". Residents contact licensed
refuse collectors and make their own arrangements for refuse
collection. This system has served residents and the refuse
collection business well. While there are several benefits
with having collection under a City contract for specified areas,
these benefits do not appear to outweigh the advantages of the
existing system at this time.
3. Solid waste haulers should be encouraged to offer a system of volume-based
pricing as an incentive for waste reduction.
Residents should see some economic benefit for their effort to
separate and recycle solid waste. Commission members recognize
that it is difficult to legislate some system of volume-based pricing
in an open collection system. The City should, however, state its
preference for volume-based pricing and support efforts by haulers
to introduce these plans.
4A. The City should contract with one hauler to provide recycling collection
services for the City. Collection should be on at least a twice-monthly
schedule with the City establishing a designated day for the collection
of recyclables.
Having one firm under contract to collect recyclables would
have several advantages.
nog
- 3 -
-Recycling under one contract is easier to manage
and administer than monitoring and enforcing the
recycling requirements of the many firms licensed
to collect refuse and recyclables.
-One firio under contract could concentrate its
attention and resources to recycling services
instead of other aspects of refuse collection.
-One firm under contract with a city the size of
Eden Prairie would be a bigger player in the
recycling markets, thus having more reliable
contracts and market possibilities outside the
immediate area.
-In sum, the single-firm approach is preferred
because it should yield more reliable and greater
amounts of recycling, albeit at a cost (see
attachment).
Under the single-firm option, having twice-a-month collection would
be a cost-effective approach to take. In order to make the collection
days easy to remember, understand, and publicize, the City should
designate the day(s) of collection for areas of the City (e.g.,
north or south of Highway 5).
4B. The City should require licensed haulers to provide collection services
for source-separated recyclables from their residential customers.
Based on recent announcements by the City's licensed collectors
about their intentions regarding recyclable waste, this
alternative is equally acceptable to Recommendation 4A. While
this approach does not offer the same prospect for removing as many
recyclables from the waste stream as in the single-hauler approach,
it does present significant cost savings for the City and its
taxpayers (see attachment).
Licensed collectors have indicated they would be able to begin
pickup of recyclables much sooner than under the plan
contemplated in Recommendation 4A. They have stated they would
be able to begin volume-based pricing and that it would be easier
to explain and show the benefits of this system to their
customers.
Under Recommendation 4B, collection of recyclables should be done
on a weekly basis and on the same day as the rest of the trash.
Existing licensees have indicated they would plan to operate on
this basis.
5. Recyclable materials to be collected would include glass, cans, and
newsprint; plastics and other paper materials should become part of the
program as soon as possible thereafter.
/of,
-4-
Glass, cans, and newsprint are the most commonly recycled
materials. They are also the minimum necessary to receive County
funding assistance. Additional materials should be added to
the City's requirements only after reliable markets are assured
for them or if other agencies require cities have them collected.
The City should avoid adding and removing different materials from
the collection system to avoid confusion and disillusionment with
the recycling program.
6. A single container should be utilized by all residents.
Experience has shown that participation and the amount of
material recycled is consistently higher when a container for
recyclables is provided to residents. A single container capable
of holding three grocery sacks is common in the Twin Cities and
has proven to be effective. This is a cost-effective approach
when compared with stackable containers which hold one material
in each. County funding assistance is available. The Council
should seriously consider paying the remaining cost of the
containers to demonstrate the City's commitment to a long-term
recycling program.
7. Separate collection of yard wastes should be required this Fall, and year-
round beginning in 1990.
Statutes prohibit disposal of yard waste in sanitary landfills
beginning January 1, 1990. Essentially, the responsibility for
handling and disposal of yard wastes has been left to the waste
management industry. Residents and haulers can become familiar
with these new requirements by having separate yard waste
collection this Fall.
8. The recycling program should be initiated no later than October 1, 1989
but preferably sooner.
Given the public bidding requirements required under
Recommendation 4A as well as the public education efforts the
Commission believes are necessary with a City-operated program,
it appears that a well-prepared program could start no earlier
than August 1; it is not improbable that this date would be
delayed. Under the plan in Recommendation 48, curbside
collection of source-separated recyclables would be available
to most residents as early as June.
9. The City should provide a drop-off center(s) for recyclables in particular
to serve those in multi-family housing.
The Commission's curbside program is designed for those
residences which are easiest to serve. Multi-family housing is
a segment of Eden Prairie's population which should be addressed
in the near future. In the meantime, the City should have a
drop-off center like the one operated under contract with
Goodwill/Easter Seals. This center provides a convenient
opportunity to recycle for those persons who are not covered under
the City's curbside system.
O W.9
-5-
Summary: The Commission's plan is a logical and workable one which can be
readily implemented. Awareness of the need to recycle, a key to any program's
success, is high. The Commission plans to move ahead with public education and
information efforts after the City Council has adopted a recycling plan. We
thank the City Council for the opportunity to develop a recycling plan and are
pleased to present these recommendations.
jdp
A Comparison of Costs:
A. Under a scenario where the City would contract with a firm to collect
recyclables, the start-up and on-going costs of a City-wide curbside
collection program would represent a significant financial commitment.
The following table shows estimates of the ranges of costs the City could
incur. The following assumptions are used:
1) City program begins September 1, 1989
2) 10,500 households are served by the program
3) Cost of manufacture, delivery, and distribution of
containers is $9 apiece
4) Cost of collection service is $1.50 - $2.50/unit/month
5) Hennepin County reimbursement is $5/household for containers
6) Hennepin County finanical assistance for collection services
ranges from 50% to 80% depending on level of recycling
achieved
7) Hennepin County assistance programs will continue into the
future as structured currently
8) Households (and number of containers provided) grow 600-800
units/year
1989 Costs
(9-1-89 to 12-31-89)
Henn .Co. Net
10,500 households Cost
Assistance
City Cost
Containers $99,500 $52,500 $47,000
Service $53,000 - $105,000 $31,500 - $ 52,500 $31,500 - $52,500
$167,500 - $200,000 $84,000 - $105,000 $78,500 - $99,500
1990 Costs
11,100 - 11,300 households
Containers
Service
$5,400 - $ 7,200 $ 3,000 - $ 4,000 $ 2,400 -$ 3,200
$199,800 - $339,000 $ 49,900 - $271,200 $ 40,000 -$169,500
$205,200 - $346,200 $ 52,900 - $279,200 $ 42,400 -$172,700
Ongoing Annual Increases (in 1989 $)
600 - 800 households
$5,400 $ 7,200 $ 3,000 - $ 4,000 $ 2,400 -$ 3,200
$10,800 - $ 24,000 $ 5,400 - $ 19,200 $ 2,200 -$12,000
$16,200 - $ 31,200 8,400 - $ 23,200 4,600- $ 15,200
The apparent source of funds to implement this program in 1989 is the
General Fund balance. The net cost to be drawn from the undesignated
balance would not threaten the City's bond rating. Sufficient flexibility
exists within the City's tax levy structure that the 1990 program costs
would not bump the City's property tax levy up against the statutory levy
Containers
Service
ir)07
limit. The 1990 net program costs as related to the assessed value for
taxes payable in 1989 would add .07 to .30 percent of tax capacity, or
0.4 to 1.9 percent to the City's taxes collected.
B. An alternative scenario has licensed refuse collectors responsiblP for
providing recycling services to their customers. The City's costs in this
plan would be limited to providing the initial recycling container to each
household. Replacement containers would be paid by customers (as Hennepin
County funding assistance for containers extends only to the initial
recycling container). The City could demonstrate its commitment to
recycling by paying the cost of the container beyond County assistance.
Alternatively, this difference could be paid by licensed haulers who,
presumably, would in turn pass the cost to their customers.
Costs under this alternative would be as follows:
Cost
Henn. Co.
Assistance
Net City
Cost
1989
10,500 containers $99,500 $52,500 $0 - $47,000
Future Years
600 - 800 containers $5,400 - $7,200 $3,000 - $4,000 $O - $ 3,200
C. Other costs for the recycling program are not included in the analyses
above. These costs include administrative staff, publicity, and an
attended drop-off center. These costs which are in the $40,000 - $50,000
range are partially reimbursed by Hennepin County.
CWD:jdp
MEMORANDUM
TO:
THRU:
FROM:
DATE:
Mayor and City Council
Parks, Recreation and Natural Resources Commission
Carl Jullie, City Manager
Bob Lambert, Director of Parks, Recreation & Natural
Resources-1AL_
April 13, 1989
SUBJECT: High School Request of Community Center Use
Attached is a March 6, 1989 memo from Steve Schultz, Athletic
Director for Eden Prairie High School; and an April 12, 1989 memo
from Tom Eastman, Supervisor of operations and Jennifer Payne,
Supervisor of Recreation responsible for aquatic programs
responding to Mr. Schultz's requests.
To summarize Mr. Schultz's request the boy's and girl's swimming
teams at the high school are growing quite rapidly and coaches from
those teams have requested additional pool time, as well as
exclusive use of the pool (presently they share a portion of the
pool with swim lessons, etc.).
Ms. Payne has outlined the costs to the City if the swim classes
were eliminated and if the City provided exclusive use of the pool
to the swim teams, and charged the high school for full use of the
pool. The bottom line is that the school would have to pay an
additional $2,648 in pool rental for the girl's program and $579
for the boy's program, for a total additional gain in income from
pool rental of $3,245. This gain in pool rental, however, does
not compensate for losses from lesson programs estimated at $7,680.
The losses could total as much as $13,418; therefore, the projected
total loss for 1989 for the aquatics programs at the swimming pool
is $4,434, using the more conservative estimate of $7,680 in lost
revenue.
Mr. Schultz has also requested the City to reassess the agreement made with the high school for rental of the ice arena for high
school hockey games. The existing agreement that was made two
years ago was to charge the current ice time rate per hour for a
minimum of four hours, plus 50% of the gate. The School and the
City would split 50/50 the cost of all game workers, while the City
would pay 100% of the cost of the maintenance and the School paid
for 100% of the ticket takers, security personnel, officials,
scorekeepers, etc.
Mr. Eastman has pointed out that the high school has lost money in
14 of the 18 games played since 1987.
Staff is recommending the City Council consider revising the
arrangement to charge the current ice time rate per hour for a
minimum of four hours; pay all expenses for ticket takers, score
keepers, announcers, and police officers from the gate receipts;
then the City and School split the remaining balance 50/50. This
would guarantee the City would get revenue from the ice rental and
the School would be able to provide the hockey games without a loss
of revenue, allowing both the City and the School to benefit from
large gate receipts.
The Community Center is the only recreation facility in Eden
Prairie that operates under the philosophy that the goal of the
facility is to meet operating costs; whereas, the philosophy of the
City regarding all other recreation facilities such as outdoor
tennis courts, soccer fields, softball fields, skating rinks, etc.
the goal is to encourage the maximum use of those facilities, with
the users only paying for the supervision costs, rather than the
operation and maintenance costs.
City staff are constantly pressured from various users and user
groups to lower the costs of this facility to ensure the facility
remains affordable to the user.
In regards to the requests relating to the use of the swimming
pool, the City and School agreed that this pool would be used as
the primary practice facility for the boy's and girl's swimming
teams and would host home swimming meets; therefore, staff would
recommend the City grant the request of the School District for
expanded use of the pool with the exception of Saturday mornings.
Staff would also recommend that the City charge the School District
for the exclusive use of the pool at the full pool time, but not
charge the School District for the loss of revenue from cancelled
swim classes and aquatic exercise classes. The Council should
understand, however, that if the School is not charged for the loss
of revenue, the Community Center budget will be a minimum of $4,500
further away from breaking even.
If the School is relying on this pool for swim practice for these
teams and for home meets, the City should expect the demand for
practice time to increase as the number of participants in the high
school swimming program increases; however, there still should
remain certain times such as Saturday mornings, where public
swimming lessons and use of the pool by the community must remain
the first priority of the Community Center.
BL:mdd
1011
I fammr
AMMIF STEPHEN SCHULTZ
DIRECTOR
EDEN PRAIRIE HIGH SCHOOL
17185 Valley View Road
Eden Prairie, MN 55346
(612) 937-7002
March 6, 1989
Mr. Bob Lambert
Director, Parks and Natural Resources
7600 Executive Drive
Eden Prairie, MN 55344
Dear Bob;
This letter is a follow-up to our meeting of February 14, 1989.
For convenience, I've identified and separated the requests.
USE OF THE COMMUNITY CENTER POOL FOR GIRLS' SWIMMING
1. We'd like to request exclusive use of the pool for our
practice sessions during the Girl's swim season (fall).
As we indicated in our earlier discussion, the numbers of
swimmers that we have necessitate the use of the entire pool.
2. We'd like the ability to schedule up to 8 home meets per
season (both Boys and Girls' seasons).
The allowable number of meets is 16 as mandated by the
MSHSL; we think it reasonable that half (8) of these should
be home meets.
3. We'd like to be able to schedule 4 lanes for a two hour time
period on Saturday mornings between the hours of 7:30 and
11:00. Again with our number of swimmers and the number
of yards required to be swum in order to be competitive in
the Lake Conference we need to practice Saturdays.
SIGNAGE FOR THE HIGH SCHOOL ATHLETIC FIELDS
1. We'd like to request permission to install signs visible
from County Road 4 labeling the Soccer, Baseball, and Softball
field location. I have indicated below a possible lay-out
for the signs.
EDEN PRAIRIE HIGH SCHOOL
ATHLETIC COMPLEX
-Soccer -Softball -Baseball -Parking
OFFICE OF STUDENT ACTIVITIES
I G
Thanks once again for your continued
c
o
o
p
e
r
a
t
i
o
n
.
Sincerely
Steptfen Schultz
Director of Student Activities
Eden Prairie High School
Please feel free to offer alternativ
e
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a
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,
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recommended sources for purchase of
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In addition, we intend to individua
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so that we can more readily identif
y
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RENTAL ARRANGEMENTS FOR OUR HOCK
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We would like to pursue a re-examina
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s
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m
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Hockey game rental agreement in ligh
t
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history. I am willing to meet wit
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is appropriate, and will await an ap
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TO: Bob Lambert, Director of Parks, Recreation & Natural Resources
FROM: Tom Eastman, Supervisor of Operations
Jennifer Payne, Supervisor of Recreation
DATE: April 12, 1989
SLEOECT: High School Request of Community Center Use
In response to the memorandum sent by Steve Schultz on March 6, 1989, staff
would like to address each of the requests regarding pool scheduling and ice
fees.
A) Exclusive use of pool during uirls season: The girls season would include
the months of September, October and November. Since our classes run on a
monthly basis, this would mean the elimination of 3 afternoon sessions that
would meet between 4:00-5:30 pm. Listed below are the classes that would need
to be canceled and the potential loss of income if all the classes run.
$17.00 Average cost of session x 6 students x 4 preschool classes = $ 408.00
$19.00 Average cost of session x 8 students x 14 Red Cross classes = $ 2,128.00
(afternoon) x 3 months = $ 7,608.00
This figure does not include any classes offered after 6:30 pm. If there are
more than 2 or 3 hoae meets that run later, we would be unable to run the
evening Aqua Aerobics or swim lessons and the potential loss of income for these
is listed below.
$17.00 Average cost of session x 6 students x 5 preschool classes = $ 510.00
$17.00 Average cost of session x 12 students x 2 preschool classes = $ 408.00
$18.00 Average cost of session x 22 students x 2 Aqua classes = $ I,2.00
(evening classes) x 3 months = $ 5,130.00
(afternoon classes) = $ 7,608.00
Total = $12,738.00
The potential loss of income is $12,738.00. The actual income received in 1988
was $6000.00. Each year the enrollment does fluctuate each quarter, but we can
estimate that the income for 1989 would land between these two figures. This
year we had a slower enrollment in fall and larger in winter.
8) The ER-IS would like to schedule 16 home swim meets per year: If the Parks,
Recreation and Natural Resources Commission approves the exclusive use of the
pool during afternoon hours, it would not make a difference how many girls home
swim meets were held because the afternoon classes would not be running. Staff
recommends that the boys swim meets be scheduled on Fridays. This would allow
us to run the afternoon Community Center classes Monday thru Thursday. If
classes were allowed to run during the week this would mean only Fridays classes
canceled:
$17.00 Average cost of class x 8 students x 5 Red Cross classes = $ 680.00
C) EPHS would like to schedule 4 lanes for a 2 ho
u
r
b
l
o
c
k
b
e
t
w
e
e
n
7
:
3
0
-
1
1
:
0
0
am on Saturday mornings.
Currently the boys and girls swim team have been u
s
i
n
g
4
l
a
n
e
s
o
n
S
a
t
u
r
d
a
y
mornings between 7 and 9 am. During the school ye
a
r
S
a
t
u
r
d
a
y
i
s
t
h
e
b
u
s
i
e
s
t
morning for swim lessons. It accounts for 33 of t
h
e
8
1
c
l
a
s
s
e
s
w
e
offer each month at the Comunity Center. The classes begin a
t
9
:
0
0
a
m
a
n
d
w
e
n
e
e
d
t
h
e
entire pool for those classes. Staff would recomae
n
d
p
r
a
c
t
i
c
e
s
t
a
y
b
e
t
w
e
e
n
7
and 9 am on Saturdays. The largest conflict we run
i
n
t
o
i
s
l
i
m
i
t
e
d
p
o
o
l
s
p
a
c
e
for Saturday morning lap swimmers.
To better accomodate both the High School and Cit
y
,
s
t
a
f
f
p
r
o
p
o
s
e
s
t
h
r
e
e
options be considered.
1. Leave the arrangement as is. Continue to program
l
e
s
s
o
n
s
d
u
r
i
n
g
H
i
g
h
School practice times.
2. Eliminate the lessens during the High School prac
t
i
c
e
s
a
n
d
c
h
a
r
g
e
s
c
h
o
o
l
district for full use of the pool. The hourly fe
e
f
o
r
t
h
i
s
w
o
u
l
d
b
e
$28.00. Presently the High School is charged by
t
h
e
l
a
n
e
a
n
d
t
h
e
y
h
a
v
e
their choice of h. many lanes they need each day
f
o
r
p
r
a
c
t
i
c
e
.
U
n
d
e
r
t
h
i
s
system the High School would receive exclusive use
o
f
t
h
e
p
o
o
l
o
n
d
a
y
s
t
h
a
t
were scheduled in advance. The scheduling would n
e
e
d
t
o
b
e
a
r
r
a
n
g
e
d
b
y
t
h
e
end of the previous school year, similar to what i
s
n
o
w
d
o
n
e
b
y
t
h
e
H
i
g
h
School hockey team. Listed is the revenue that wo
u
l
d
b
e
p
r
o
d
u
c
e
d
f
r
o
m
practice time alone and its comparison to 1988 figures:
Girls Season
64 days with 2.5 hrs practice x $28.00/hr.
= 4480.00 8 home swim meets 4.5 hrs each x $50.00/hr.
= 1800.00
1988
3631.22 $6280.00
Boys Season
64 days with 2 hrs practice x $28.00/hr.
13 home swim meets 4 hrs each x $50.00/hr.
1988
4586.18
• 3584.00
= 1600.00
$5184.00
3. The third option would be to require the high
s
c
h
o
o
l
t
o
p
a
y
f
u
l
l
r
a
t
e
f
o
r
the pool and also pay the losses to the Community C
e
n
t
e
r
b
y
n
o
t
h
a
v
i
n
g
a
n
y
swim classes during the girls season only. It woul
d
b
e
d
i
f
f
i
c
u
l
t
t
o
c
o
m
e
up with a precise figure for lost income. Listed b
e
l
o
w
i
s
a
s
u
m
m
a
r
y
a
n
d
a
projection for the loss to the Comaunity Center. T
h
i
s
i
s
b
a
s
e
d
o
n
t
h
e
assumption that boys season home swim meets are on
F
r
i
d
a
y
s
o
n
l
y
.
• projected loss in lesson income girls season
• projected loss in lesson income boys season
. income gain from entire pool charge (girls)
. income gain from entire pool charge (boys)
Total projected loss
$7,000.00
680.00
7,680.00
+ 2,648.78
+ 597•82
= $4,434.32
D) Rental Arrangement for High School Hockey Gages:
Two years ago staff met with school administration to ad
d
r
e
s
s
t
h
e
a
r
r
a
n
g
e
m
e
n
t
w
e
had at that time for cash disbursement of money received
d
u
r
i
n
g
h
o
c
k
e
y
g
a
m
e
s
.
The arrangement that came out of those meetings called f
o
r
t
h
e
C
i
t
y
t
o
c
h
a
r
g
e
the current ice time rate per hour for a minimum of 4 hou
r
s
,
p
l
u
s
5
0
7
.
o
f
t
h
e
gate; and the School and City split 50-50 the cost of al
l
g
a
m
e
w
o
r
k
e
r
s
including: ticket takers, scorekeepers, announcers, and
P
o
l
i
c
e
O
f
f
i
c
e
r
.
T
h
e
City pays 100% of the cost of maintenance, plus receives
1
0
0
7
.
o
f
c
o
n
c
e
s
s
i
o
n
revenue.
This means that the total gate receipts are split 50-50.
T
h
e
n
t
h
e
H
i
g
h
S
c
h
o
o
l
pays for ice time which this year ran $320.00 (4 hrs @ $8
0
/
h
r
=
$
3
2
0
.
0
0
)
a
n
d
5
0
7
.
of the cost for. help. Out of the City's 507. split they
p
a
i
d
f
o
r
t
h
e
i
r
5
0
%
s
h
a
r
e
of the cost for help.
Since this policy went into effect in 1987 the High Sc
h
o
o
l
h
a
s
p
l
a
y
e
d
1
8
r
e
g
u
l
a
r
season hone games. During those 18 games the High Sch
o
o
l
h
a
s
c
o
v
e
r
e
d
e
x
p
e
n
s
e
s
four times. The other 14 games they have lost money r
a
n
g
i
n
g
a
n
y
w
h
e
r
e
f
r
o
m
a
l
o
w
of $7.75 to a high of $257.50.
The goal of the High School has been to cover game expe
n
s
e
s
f
r
o
m
t
h
e
g
a
t
e
receipts. This has not been accomplished under the ex
i
s
t
i
n
g
p
o
l
i
c
y
.
A
p
o
s
s
i
b
l
e
solution and recommendation by staff would be to pay al
l
e
x
p
e
n
s
e
s
f
r
o
m
g
a
t
e
receipts before the money is split. Then after ice tim
e
a
n
d
t
h
e
h
e
l
p
h
a
v
e
b
e
e
n
paid, split the remaining balance 50-50. In virtually
e
v
e
r
y
g
a
m
e
o
v
e
r
the last two seasons neither side would have realized a loss.
Staff would like to recommend to the High School that t
h
e
y
r
a
i
s
e
t
h
e
a
d
m
i
s
s
i
o
n
fee charged to students from $1.00 to $2.00 per studen
t
.
T
h
i
s
i
s
t
h
e
g
o
i
n
g
r
a
t
e
charged by other schools in the Lake Conference and wou
l
d
h
e
l
p
o
v
e
r
c
o
m
e
a
n
y
expenses including maintenance cost that might occur un
d
e
r
t
h
e
o
l
d
a
r
r
a
n
g
e
m
e
n
t
.
A meeting should be arranged with school officials to d
i
s
c
u
s
s
t
h
e
p
o
o
l
a
n
d
hockey game arrangement. Please advise.
cc: Laurie Helling
MEMORANDUM
TO: Bob Lambert, Director of Parks, Recreation & Natura
l
Resources
FROM: Barbara Penning Cross, Landscape Architect
DATE: March 29, 1989
SUBJECT: Round Lake Park Batting Cage Location & Sign
a
g
e
f
o
r
t
h
e
High School Athletic Complex
Earlier this week I met with Wes and Stu at Round L
a
k
e
P
a
r
k
t
o
determine a location for the batting cage and to disc
u
s
s
s
i
g
n
a
g
e
for the athletic facility. Recommendations are as fol
l
o
w
s
:
BATTING CAGE
The most likely location for the batting cage is be
y
o
n
d
c
e
n
t
e
r
field of the #7 baseball field. This location (as s
h
o
w
n
o
n
t
h
e
attached map) is right off the end of the parking lot
,
s
o
a
c
c
e
s
s
would be easy. It is plainly visible from inside th
e
a
t
h
l
e
t
i
c
complex but screened from people just driving by th
e
p
a
r
k
.
I
t
appears as though electricity for a jugs machine is at
t
h
e
o
t
h
e
r
end of the parking lot. Another electric line could be
r
u
n
a
l
o
n
g
the edge of the lot and would not destroy any paveme
n
t
o
r
t
u
r
f
during installation. This location is also level an
d
c
l
e
a
r
o
f
drainage swales that cover the site.
$IGNAGE
I would recommend a (1) two sided sign, similar in design to the attached clipping. It should be installed on the south s
i
d
e
o
f
t
h
e
entry drive parallel to the entry road. It should be
l
o
c
a
t
e
d
a
s
close to the County right-of-way as possible fo
r
m
a
x
i
m
u
m
visibility. I have no objection to the proposed layout
t
h
a
t
S
t
e
v
e
Schultz suggested, but wonder if the City should als
o
b
e
n
a
m
e
d
since some of the facilities are ours.
Green directional signs, similar to the sign on Coun
t
y
R
o
a
d
4 identifying the Community Center, should be placed per
t
h
e
C
o
u
n
t
y
recommendation to warn drivers of the upcoming turn.
Signs that say "No Parking" should also be posted alo
n
g
t
h
e
e
n
t
r
y
drive leading to the parking lot. This should hel
p
a
l
l
e
v
i
a
t
e
potential congestion problems.
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