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HomeMy WebLinkAboutCity Council - 07/11/1989AGENDA SPECIAL EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 11, 1989 6:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig W. Dawson, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA DISCUSSION ON SPECIAL ASSESSMENT POLICY ADJOURNMENT. AGENDA TUESDAY, JULY II, 1989 COUNCILMEMBERS: CITY COUNCIL STAFF: EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas . City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Deb Edlund I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES III. CONSENT CALENDAR A. Clerk's License List B. Neighborhood Outreach Program C. School's Out Program Page 1516 Page 1517 Page 1533 City Council Agenda - 2 Tues.,July 11, 1989 D. COUNTRY GLEN by Coffman Development. 2nd Reading of Ordinance No. 18-89, Zoning District Change from Rural to R1-13.5 on 9.3 acres; Approval of Developer's Agreement for Country Glen; and Adoption of Resolution No. 89-158, Authorizing Summary of Ordinance No. 18-89 and Ordering Publication of Said Summary. 9.3 acres into 20 single family lots, 1 outlot, and road right-of-way. Location: South of Townline Road, west of Claycross Way. (Ordinance No. 18-89 - Rezoning; Resolution No. 89-158 - Authorizing Summary and Publication) E TECH CENTER AT CITY WEST by Steven Hoyt Company. 2nd Reading of Ordinance No. 16-89-P0-5-89, Planned Unit Development District Review Amendment on 87 acres and Zoning District Amendment within the 1-2 Zoning District; Approval of Supplement to Developer's Agreement for Tech Center at City West; Adoption of Resolution No. 89-157 Authorizing Summary of Ordinance No. 16-89-PUD-5-89 and Ordering Publication of Said Summary; and Adoption of Resolution No. 89-156, Site Plan Approval for Tech Center at City West. 12.46 acres for construction of 160,868 square feet of office/warehouse uses. Location: West of City West Parkway, north and east of Shady Oak Road. (Ordinance No. 16-89-PUD-5-89 - PUD Amendment and Zoning District Amendment within 1-2 District; Resolution No. 89-157, Authorizing Summary and Publication; Resolution #89-156 - Site Plan) F. Final Plat Approval for Chase Point (located south of Crosstown Highway and west of Shady Oak Road) Resolution No. 89-152 G. Final Plat Approval for Country Glen (located south of West 62nd SIT-Tet and east of Duck Lake Road) Resolution No. 89 -1S4-- H. Approve Special Assessment Agreement for Fountain Place Apartments I. Approve Special Assessment Agreement for Hidden Glen 3rd Addition J. Approve Plans for Widening of C.S.A.H. 4 between Terrey Pine Drive and Timber Lake Drive (extension of work proposed with TH 5 improvement) Resolution No. 89-155 K. Resolution No. 89-142 Authorizing the Refunding of $5,560,000 in Housing Revenue Bonds for the Edenvale Apartments Project • L. Receive Bids and Award Contact for Cedar Ridge Storm Sewer, I.C. 52-156 (Resolution No. 89-11T) M. Receive Bids and Award Contact for C.S.A.H. #1 and #18 Storm Sewer ImprovementT(ffisolution No. 89-148) IV. PUBLIC HEARINGS A. EDEN PRAIRIE CENTER for United Artist Theaters. Request for a second free-standing pylon to advertise the United Artist Movies. The sign is proposed at 249 square feet, 22 feet in height, 2'1" wide between faces, and to be located at the Eden Prairie Shopping Center's northeast entrance off Prairie Center Drive. Location: 1076 Eden Prairie Center. (Resolution No. 89-140 - PUD Concept Amendment to Overall Eden Prairie Center Planned Unit Development) Continued from June 20, 1989 Page 1540 Page 1546 Page 1554 Page 1557 Page 1560 Page 1569 Page 1584 Page 1586 Page 1589 Page 1592 Page 1480 City Council Agenda - 3 - Tues.,July 11, 1989 B. BERGIN AUTO by James J. Bergin. Request for Site Plan Review within the 1-2 Zoning District on 2 acres for construction of a 7,500 square foot addition to an existing building. Location: Northwest corner of Martin Drive and Corporate Way (Resolution No. 89-119) C. BLUFF ROAD SANITARY SEWER WATERMAIN, AND STREET IMPROVEMENTS, I.C. 52-144 (Resolution No. 89-144) D. C.S.A.H. #1 BY-PASS/TURN LANE IMPROVEMENTS, I.C. 52-155 PFETOlution No. 89-146) E. VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN A PORTION OF HIDDEN GLEN 3RD ADDITION (Resolution No. 89-149) F. VACATION OF A DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 13 BLOCK k PRAIRIE EAST THIRD ADDITION (Resolution No. 0:130T G. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PARTS OF LOTS 6 & 7 BLOCK 1 BLUFFS WEST SECOND ADDITION -Taisolution No. 89-151) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance Prohibiting Parking Vehicles Overnight in Parks B. Resolution No. 89-147 Receiving Bids and Awarding Contract for C.S.A.H. i1 By-Pass/Turn Lane Improvements, I.C. 52-155 VII. PETITIONS REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Set date for Special City Council to review MCA Traffic RepoTt -TAugust 15, 1989 at 6:00 PM -T- 2. Set date for Special City Council Meeting for Public Hearing of 1989 Special Assessments (September 12:-T989 at 7:30 PM) B. Report of City Manager 1. Discussion on Hunting in Eden Prairie 2. Process for Considering Ordinance to Change the Mayoral Term C. Report of City Attorney D. Report of Director of Planning Page 1595 Page 1605 Page 1606 Page 1607 Page 1608 Page 1609 Page 1610 Page 1620 Page 1622 Page 1624 Page 1628 City Council Agenda - 4 - Tues.,July 11, 1989 E. Director of Parks, Recreation & Natural Resources 1. Snowmobile Trails in Eden Prairie F. Report of Director of Public Works G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT Page 1629 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST July 11, 1989 CONTRACTOR (MULTI-FAMILY & COMM.) Carlson-LaVine, Inc. Christenson Building Corporation John Schulz Construction Sunram Landscape CONTRACTOR (1 & 2 FAMILY) Baklund Contracting, Inc. Bateson Builders Mike Blood Construction Gopher State Development Co. Lynne Homes, Inc. North Valley Homes, Inc. Tonka Construction PLUMBING Mike Larson Plumbing Co. Major Mechanical, Inc. Owens Services Corporation Ridgedale Plumbers Roseville Plumbing & Heating Vesey Plumbing Company WELL DRILLING Hartmann Well Company SCAVENGER McKinley Sewer Service & Supply, Inc. GAS FITTER Crown Plumbing E.S.P. Heating Janecky Plumbing 3.2 BEER ON SALE Beijing Chinese Restaurant Country Kitchen Restaurant Mango's Grill & Carry Out Signature Beef & Grill, Inc. These licenses have been approved by the department heads responsible for the licensed activity. Pat Solie Licensing MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources DATE: July 5, 1989 SUBJECT: Neighborhood Outreach Program The residents of Windslope Apartments have successfully obtained funding of Community Block Grant Funds through the Community Action For Suburban Hennepin County for an evening recreation program to serve their children. The proposal would require the City of Eden Prairie to serve as the fiscal agent for the program and allocate funds accordingly. Lyndell Frey, Youth Recreation Supervisor for the City of Eden Prairie, would be in charge of hiring the staff and monitoring the program and funds for the grant. If approved by the City of Eden Prairie, this program would provide a 16 month evening program, which will meet two times per week (Tuesday and Thursday evenings from 6:30 to 8:30 p.m.). The program would be broken into four sessions - summer, fall, winter and spring. Three sessions would be 11 weeks long and the summer session would run for 13 weeks. Mr. Frey has worked with the neighborhood group from Windslope Apartments and developed the proposed recreation program format, after they contacted him for assistance. Staff requests authorization from the City Council to approve the City acting as fiscal agency for this project and for the Youth Recreation Supervisor to supervise this program. BL:mdd UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. June 19, 1989 -5- MOTION: Cook moved to recommend that snowmobiling be limited to areas south of Highway 5, west of County Road 4 and south of Pioneer Trail west of the airport and only with the landowners permission in those areas with no riding allowed on City streets to and from trails. Mikkelson seconded the motion. On call for discussion, it was decided that the City would maintain a parking lot to be used for unloading snowmobiles in the riding arena parking lot. The motion passed 4-0. B. Ordinance Prohibiting Parking of Vehicles in Parks After Hours, Etc. MOTION: Richard moved to approve the ordinance as written. Joyer seconded the motion and it passed 4-0. VII. NEW BUSINESS None VIII. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Manager of Recreation Services 1. 3 Man Basketball - Summer 1989 2. Racquetball - Summei 1989 These are information items only. 3. Neighborhood Outreach Refer to memo dated June 16, 1989 from Lyndell Frey, Recreation Supervisor. The residents of Windslope Apartment Complex requested a program similar to the City summer playground program. Nesbitt Park is only two blocks away, but the residents of Windslope requested an evening program for their children on a year round basis. They asked if the City would develop this type of program if they would provide funding. Frey did not see a problem with doing this as long as it did not duplicate the program the City was offering. /577 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, NEC. & NATURAL RESOURCES COMM. June 19, 1989 -6- The programs the residents wish to implement include a recreational program, a tenant's forum, a transportation program and a welcoming committee. The neighborhood crime watch program was cut from the original proposal. . City staff had some concern about the transportation proposal since the residents were going to set up their own transportation program. It was felt that the City could be liable if there were any problems. The residents were directed to Southwest Metro Transit services and a subsidized program has been developed with this funding. The money for the program has been allocated and approved by the Community Action for Suburban Hennepin (CASH). The City would be in charge of hiring the recreation staff for this program. CASH would like to use Eden Prairie as a pilot program. The Windslope Apartment Complex has approximately 60 children between the ages of 6 and 12, 40 of which are anticipated to participate in this program. The program would be held year round. Cook asked if this would be an ongoing program or for one year only. Frey said there are no guarantees, but it is hoped that it will be ongoing. Cook asked if the residents will be able to handle the program themselves in the future or if City staff will continue to be involved. Frey said he does not believe the residents will be able to handle the program within the next year, but perhaps sometime in the future it will be possible. Joyer asked if this is a segregated program for kids in this area only and asked why there has been an increase in the programs at Nesbitt Park. Frey said there have been some misunderstandings between Windslope residents and other neighbors in the area which is already being resolved since this program has begun. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. 8 NATURAL RESOURCES COMM. June 19, 1989 -7- Joyer asked if this is a duplicate program to the one being offered by the City. Frey said it was similar, in terms of content, to the summer playground program, but held in the evening and would be year round. MOTION: Mikkelson moved to recommend approval of the Neighborhood Outreach Program per staff recommendation. Richard seconded the motion and it passed 4-0. Richard said he would like a report to be brought back to the commission in 4-6 months. Frey added that Briar Hill would also be another possibility for a program similar to Windslope if it works out well there. 4. School's Out Program Refer to memo dated June 16, 1989 from Lyndell Frey, Recreation Supervisor. Staff is looking at a $1200 commitment from the City in addition to the same amount from both the school and the YMCA. This money would be made up out of the rental of the facility. The program is for Cedar Ridge Elementary School for kids participating in the latch key program. Transportation would be provided. Frey is recommending that $400 is needed for the fall quarter. $1000 in excess revenue from adult golf lessons could be transferred for use in this program. Lambert asked what the rationale is for tax money to be used to provide activities for a select group of kids going to this particular school. Frey said this would be a pilot program and should be run on a break-even basis. The money is needed up front to get the program off the ground. Kids from other schools may attend the program if they have their own transportation. The $1200 from the City would be covered by registration fees. This proposal is to request funds for Neighborhood Outreach, a non-profit group of Windslope Apts. We, as a neighborhood group of concerned tenants living in a low—income housing project, hope to develop several programs to enrich our neighborhood. We wish to accomplish this by implementing various programs and activities such as a daytime recreation program for children and an evening recreation program for youth, establish a tenants forum, organize a transportation program to obtain necessities for non-mobile tenants, develop a welcoming committee to greet and assist new residents in becoming acclimatized to our community, and establish a neighborhood crime watch, McCruff safe house, and a crisis nursery. The participants will be residents and children of Windslope Apts. With our varied programs we will attempt to reach a majority number of residents through one or more of our various programs. Since Windslope Apts. are low-income government subsidized units we know the residents meet federal income guidelines. The various programs we wish to implement are as follows: Recreational Program: We plan to provide a recreational outlet to help curb the idle time for our youth and help to keep them in better shape "body and mind"through activities, crafts, and discussions. Through the activities we hope to build a better, stronger unity among the youth in the complex. We hope to develop in them pride in their community and pride in themselves. We are in the process of securing the Preserve "Barn" for our evening recreation program for the youth. This is a party room/community room open to all residents living in the Preserve Association. Toirrple.ult this program we will be working with the City of Eden Prairie Park and Recreation Department. Upon approval from the Eden Prairie City Board they will act as our fiscal agent. Additionally, they will provide and supervise staff and be responsible for planning, advertising, and implementing the activities after meeting with the Recreational Committee from Neighborhood Outreach to discuss expectations and goals. An outline of the program is as follows: Essentially the program will consist of a 16 month evening program which will meet two times per week, Tuesday and Thursday evenings from 6:30 p.m. to 8:30 p.m. broken down into four sessions: summer, fall, winter, and spring. Three sessions will be 11 weeks long, and the summer session will run 13 weeks. The City of Eden Prairie seasonally sponsors summer activities for youth and pre-schoolers in a local park. This program, however, exists solely during the morning and afternoon hours and terminates at the end of July. Because there is a need for daytime activities it is our intention to promote and encourage participation in this local park program especially since scholarships are available to all the children at Windslope. It is our intention to run the City sponsored program simultaneously with our proposed evening program. Also, since the City program terminates the end of July we felt the need to incorporate an August afternoon program. This program is scheduled to run for four weeks on Monday and Wednesday afternoon. For the August program we will be charging a nominal fee of $3.00 for youth per 11 week session. The underlying rationale is the belief that parents who have invested money in a program, no matter how minimal, are more likely to be personally committed to ensure that their children will attend. Additionally, a minimal fee will be charged for special field trips (e.g. Circus Pizza, zoo). The revenue produced from the session and field trips will be funneled back into the program. The proposed budget for the recreational program is $11,559.00. See the attached for detailed breakdown. Tenant's Forum: Due to the fact that many residents are experiencing difficulties in dealing with management we feel the need to devise a process through which we can more effectively address and resolve problems with -2- management. This can be best achieved by forming a committee to receive complaints and present them to management for review and resolution. We anticipate minimal expenses to cover such items as flyers, posters, and files. For this program we are requesting $150.00. Transportation Program: 44,thi-n-W-4.n4s.lepe-tiRefe-are-a-nbsaber-ef-Rea-mgbi4 r-e&-i-cient-s-4.n..need-a-f--t-ran6por-tat-ion--to-aee,es6-1;eFiks.,-gcoGery-stere 6 T -sad €+-3.4.G.€ - .4.1qGwg11-c,Isv.:Ec.hes-oP-1;ws tfiR - 6 tO• -ex,pen.se. t414_&_pnag_r_eip_we.„1.n.E.,....tteque Lst_ict4a10,4)0., see Amendment 89 -017 Welcominz Committee: We are forming a welcoming committee in order to generate goodwill within our coariunity and to share local resource information, projects, and activities. As new tenants arrive and are identified each household will receive a folder of information containing a welcoming letter, community map, and Neighborhood Outreach information as well as a small welcoming gift. Expenses for gifts and materials arevanticipated to be at $300.00. Neighborhood crime watch, McGruff safe houses, crisis nursery: We will be working with the police department and inparticular with the Crime Prevention Division to develop their programs for the crime watch and McGruff houses within our community. There is a need for a crisis nursery within our community and we will be working with Hennepin County to develop this project. We will need funds for equipment for the nursery and we would like to provide the availability of snacks and/or crafts for the McGruff houses. It is estimated that $250.00 be allocated to the McGruff houses program and $250.00 be allocated to the crisis nursery total of $500.00. Our neighborhood planning group consists of 15-20 residents of Windslope Apts. who are mainly single parent mothers. We are organizing committees for each individual program that we have described. There will be a chairman to head each committee who have volunteered to report to the Neighborhood Outreach. We are requesting a total of $13,000 to cover our programs which we have itemized above. EVALUATION: Recreation Program: 1. How many children attended the rec. program each week and/or day? 2. Do we see more cooperation on our playgrounds? 3. Is there less damage to the complex? 4. Is overrall behavior better at the bus stop? 5. Are youth sharing their concerns with the workers? (Showing a comfort level?) 6. Is the $3.00 minimal fee accomplishing its purpose of getting parental commitment? Transportation System: 1. How many residents are utilizing the transportation system? Should it be enlarged or reduced? Tenant's Forum: 1. Are tenant's utilizing the tenant's forum as a means of resolving difficulties with management? Welcoming Calmittee: 1. Are new tenant's responding to information provided by the welcoming committee? -4- •,A li5'q AMENDMENT TO CONTRACT 89-017 With mutual consent of the grantee and grantor, the Transportation Program will be administered according to the following stipulations: 1. Funds will be allocated for transportation costs only to Southwest Metro Transit, Dial-A-Ride, or to other already-operating transportation programs administered by profit or nonprofit organizations. 2. No funds shall be given to volunteer drivers of Neighborhood Outreach for incentives or transportation costs. 3. The grantee does not support any use of volunteer drivers and/or personal vehicles of Neighborhood Outreach and its members for any purpose. 4. The grantee will allocate funds to Neighborhood Outreach for the development of flyers and transportation schedules upon verification that transportation will be provided by a an organization covered in stipulation 1 (above). 5. This amendment to Contract 99-017 replaces the section labeled "Transportation Program" on page 3 of the attached workplan. ir For the Grantee: For the Grantor: (representative signature) (board representative) (typed name and title) (typed name) (date) (date) (executive director) (typed name) (date) AGREEMENT 89- 017 This agreement is entered into between Community Action for Suburban Hennepin, hereinafter referred to as the Grantor" whose address is Room 343, 1001 Highway 7, Hopkins, Minnesota 55343 and the City of Eden PrAirie hereinafter referred to as "the Grantee," whose address is 16700 Valle'' View Road The Grantor has identified a population of low-income persons within suburban Hennepin County that is in need of certain services. The Grantee represents that it is qualified and willing to furnish these services. The Grantor has received or has applied for funds from the State of Minnesota to provide these services. The Grantor wishes to grant up to $12 ,50 9.00 to the. Grantee to be used for services described in this agreement. • Therefore, the Grantor and Grantee agree to the following: I. TERMS OF THE AGREEMENT This Agreement begins on June 15, 19e9and terminates on Aucust 16, 1990 regardless of the dates on the signatures of the parties, unless the Agreement is terminated earlier as provided herein. The Grantee will comply with the same terms as stated in the contract between the Grantor and its source of funds used to support this project. This Agreement does not imply that the Grantor will support the Grantee's activities in the future. II. CONTENTS OF THE AGREEMENT This Agreement consists of this form plus the following attachments: Project Sumnary and Work Plan Budget The entire agreement between the Grantor and the Grantee is contained herein. This Agreement supersedes all spoken agreements and negotiations. wfli III. SERVICES PRoVIDEO BY THE CONTRACTOR The Grantee agrees to provide the following services: Recreatlonal Program: Welcoming Committe: Transoortation Program: Tenants Forum Services are described more fully in the attached work plan. IV. FINANCIAL PRACTICES AND PAYMENT OF THE GRANT Allowable costs for the project are defined by the Budget incorporated with this Agreement. Costs incurred from thirty (30) days prior to the effective daze of the grant, which were in anticipation of this award and specifically approved in writing by the Grantor, are allowable costs to the extent they would have been allowable had they been incurred after the effective date of the award. Payments to the Grantee shall be made based upon invoices submitted to the Grantor. Invoices shall be submitted.on forms approved by the Grantor and according to the schedule listed with the Budget Notes. In no case shall the Grantor have in hand more funds than necessary for thirty (30) days of operation of this project. Payments shall be made in accordance with the Grantor's customary procedures for payment of invoices. The Grantee must secure the written approval of the Grantor before making budget changes involving (a) moving funds from one budget category to another or (h) a d'"..-...nce greater than ten percent in line items within one budget category. V. REPORTING The Grantee agrees to furnish the Grantor with reports in form and at times requested by the Grantor for financial evaluation and program management purposes. A. At the request of the Grantor, the Grantee shall assist the Grantor by providing documentation necessary to complete forms and reports required by State, Fede:al and private agencies. B. All reports requested by the Grantor must be received within thirty (30) days cf the request, unless an extension ut time is approved by the Grantor. C. The Grantor reserves the right to withold payments without penalty pending receipt of reports. The Grantor agrees to furnish written notice to the Grantee of the Grantor's decision to withold payment. Notice shall be given prior to the next scheduled payment. VI. MAINTENANCE OF RECORDS AND ACDIT A. The Grantee shall: 1. Maintain records that reflect all revenue received and all direct and indirect costs incurred in the performance of this Agreement. 2. Maintain records of services provided under this agreement. 3. Insure that all records and documents maintained under this Agreement or pertinent to the accounting practices and procedures of the Grantee are available at all reasonable times for inspection, review, duplication, transcription and audit by personnel of the Grantor, authorized agents of the Federal and State government, and the State or legislative auditor. 4. Maintain all records required by this Agreement in forms appropriate for authorized auditing and for a minimum of three years after completion of the contract for audit purposes. 5. Submit to the Grantor a statement from the Grantee's auditor confirming that these funds were included in the annual audit immediately following completion of the project and were used in accordance with this agreement. B. The Grantor may use and disclose in any manner provided by law, all reports provided to the Grantor under this Agreement. VII. MONITORING Personnel of the Grantor may conduct periodic site visits to determine compliance with this Agreement and evaluate the quality of services provided under this Agreement. Such visits may be with or without prior notice during the Grantee's hours of operation. The Grantee, upon request, shall be furnished with a summary of any reports prepared as a result of a visit. VIII. CANCELLATION This Agreement or a portion thereof may be cancelled by either party at any time for causes other than funding contingencies upon thirty (30) days written notice, delivered by mail or in person. Cancellation due to contingencies of funding is defined in Article X of this Agreement. 6 IX. CHANGES IN THE ACREEM'NT This Agreement may be changed with the mutual consent of the Grantor and the Grantee. Changes shall be in writing and added to this Agreement. X. CONTINGENCY OF FUNDING This grant is supported by funds paid to the Grantor under contracts with the State of Minnesota. The Grantor agrees to make its best faith effort to secure and maintain funding to continue this Agreement over the specified term. In the event the Grantor is not financially able to continue this Agreement, the Grantor may terminate or suspend this Agreement with written notice and pro-rated payments to the Grantee consistent with the Grantor's contract with the State of Minnesota. XI. COMPLIANCES A. The Grantee agrees to comply with all the State and Federal regulations imposed by the •Grantor's funding sources. These regulations include, but are not limited to: 1. Non-Discrimination in employment and services. 2. Prohibition of political activity supported by funds from this project. 3. P -oh".'"on of religious activity supported by funds from this project. 4. Compliance with local laws, ordinances, and codes. The Grantee agrees to provide services only to persons who meet the current definition of "low-income" as stated in State and Federal guidelines for program funds. For purposes of this program any person receiving AFDC or general assistance funds shall meet the definition of "low income." XII. FUELICITY CREDIT TO THE AGENCY The Grantee shall acknowledge the Grantor in all publ'-"v including but not limited to brochures, posters, newsletters, and audio-visual presentations. Acknowledgement shall use the phrase "Supported in part by funds from Community Action for Suburban Hennepin, Inc." or com e ,....le language. X:::. INDEPENDENCE OF THE CONTRACTOR The Grantee is to be and shall remain independent with respect to all services performed under this Agreement. Nothing in this Agreement shall be construed ES establishing the Grantee as an ',;-) agent, representative, or employee of the Grantor. The Grantee represents that it will secure all personnel required to perform the services defined in this Agreement. Those persons are to be employees of the Grantee. The Grantee is responsible for answering all employee claims such as Unemployment Compensation, Worker's Compensation or employment discrimination. X:V. SUBCONTRACTING AND ASSIGNMENTS The Grantee shall not enter into any subcontracts for performance of any the services contemplated under this Agreement nor assign interest in the contract without the prior written approval of the Grantor. The Grantor may attach conditions and provisions to subcontracts as it deems necessary. XV. AMOUNT OF GRANT The Grantor agrees to furnish the Grantee an amount not to exceed $12,509.00 ($00,000.00) for the services provided. SIGNATURES ..)r the Grantee: For the Grantor: Recrean Sunervisc.r (title) (board representative) Lvn.dell Frey (typed name) (typed name) 5 -30 -29 (date) (date) (executive director) (typed name) (date) WINCSLOFE APARTMLVTS - PRCPOSED BUDGET "Evening Adventure Club" Salaries for 2 staff workers 9 $8/hr 2 nights per week for 46 weeks 2 x 21/2 hrs = 5hrs x 2 nights = 10hrs x $8 = $80 x 46 wks $3,680.00 127. fees/taxes 4021.60 Salary for 1 aide @ $5.50/hr - 5hrs/week x $5.50 x 46 weeks 12% fees/taxes 12 hrs of preparation time per season-preparing lessons and plans, making phone calls, visits, passing out flyers-4 seasons x 12hrs. = 48hrs x $8 12% fees/taxes Awards: T-shirts for attendance and identity into program - $6 per shirt for quantity of 60 shirts designed and printed $6 x 60 youth Pizza Party: 1 per season x 4 seasons 02.50per youth x 60 youth ;2.50 x 60 youth(bring a friend to the club night) $150 x 4 Supplies: Craft Supplies and Equipment $1,100.00 $1,100.00 Sports Equip.-bats, balls, soccer, football 400.00 Board games, puzzles, books, video rental, etc. $400.00 Bus Transportation: 1 trip per month for 9 mos. x $8 0 per trip $720 Once per week for winter months -.3x4wks- 12 trips x $80 $960 Mid June to Aug of 1990 EVENING 2 nights per week 2 workers 0 $80/wk and 1 aide @ $27.50/wk = $107.50/wk x 4 weeks 12 hours prep time for this 1990 summer season at $8/hr RECREATION PROGRAM BUDGET Welcoming Committee: outreach gift, folders, flyers, letters, etc. Transportation Program: +2--i-nt.-en-t-i,s.te—pe-r--dr-iv.ei.----3oar-s-par—wee4; See attached amendment --and--sched.ules- Tenants Foram: Records-files, posters, flyers, filing cabinet $1,265.00 151.80 304.00 ' 46.08 360.00 600.00 $1,900.00 $1,660.00 $1,075.dc 96.00 $11,559.00 $ 300.00 $ 500.00 $ 150.00 TOTAL MOUNT REQUESTED FOR GRANT $12,509.00 Note: We are planning to charge a $3.00 fee for each 11 week session of our evening program so that the children may feel more of a commitment to the group. This money will help us pay for an August daytime 2 1/2 hr. Income program. Aprox 50 youth x $3 per session x 5 sessions (16 mos) $750.00 expense467 427.00 expense t 1 /2.56 AUG.! DAYTIME 2 1/2 hr. program LIMIT 40 children for 2 workers 2 days x 4 wein Scholarships: We would like to offer shcolarships for programs offered by the Y.M.C.A. or the E. P. Community Center where there may be a need. We will use the money generated frcm our session fees to provide these scholarships as needed. 1,)') AMENDMENT TO CONTRACT 89-017 With mutual consent of the grantee and grantor, the Transportation Program f will be administered according to the following stipulations: 1. Funds will be allocated for transportation costs only to Southwest Metro Transit, Dial-A-Ride, or to other already-operating transportation programs administered by profit or nonprofit organizations. 2. No funds shall be given to volunteer drivers of Neighborhood Outreach for incentives or transportation costs. 3. The grantee does not support any use of volunteer drivers and/or personal vehicles of Neighborhood Outreach and its members for any purpose. 4. The grantee will allocate funds to Neighborhood Outreach for the development of flyers and transportation schedules upon verification that transportation will be provided by a an organization covered in stipulation 1 (above). 5. This amendment to Contract 89-017 replaces the section labeled "Transportation Program" on page 3 of the attached workplan. r For the Grantee: For the Grantor: (representative signature) (board representative) (typed name and title) (typed name) (date) (date) (executive director) (typed name) (date) 0t) MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROA: Bob Lambert, Director of Parks, Recreation & Natural Resources DATE: July 5, 1989 SUBJECT: Afternoon Enrichment Program For a number of years the School District has contracted with the YMCA to provide a Latch Key Program. This program is extremely important to families that have both parents working or for single parent families. For the most part, in the past, students in the Latch Key Program simply spent time in a gym waiting for their ride home. During this time, they could play basketball or do homework, etc.; however, there was little opportunity for more creative use of their time. The City Recreation staff, the School District staff and YMCA staff have agreed to jointly participate in and support a coordinated after school program for elementary students. The pilot program will begin at Cedar Ridge Elementary during the fall of 1989, with the hope to expand the program to other elementary schools in Eden Prairie. The goal is to offer enrichment and recreational programs, as well as a supervised activity area for students until the parents can pick them up. Staff requests the City Council to consider supporting this program to an amount not to exceed $1,200 for the fall of 1989. Staff is recommending transferring revenue from the Spring Skill Development Program, which exceeded revenue projections by over $1,000, to fund the fall request. The goal of this program is to meet these initial class subsidies through fees that would be charged participants. Students in the Latch Key Program and others would be able to participate in these programs, if desired. Attached to this memo is the proposed After-School Coordinated Programs Agreement that will further explain this proposed program. Staff requests authorization to fund this pilot program for the fall of 1989. The Council will be requested to consider funding a 1990 program in the 1990 budget requests. BL:mdd UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. June 19, 1989 -7- Joyer asked if this is a duplicate program to the one being offered by the City. Frey said it was similar, in terms of content, to the summer playground program, but held in the evening and would be year round. MOTION: Mikkelson moved to recommend approval of the Neighborhood Outreach Program per staff recommendation. Richard seconded the motion and it passed 4-0. Richard said he would like a report to be brought back to the commission in 4-6 months. Frey added that Briar Hill would also be another possibility for a program similar to Windslope if it works out well there. 4. School's Out Program Refer to memo dated June 16, 1989 from Lyndell Frey, Recreation Supervisor. Staff is looking at a $1200 commitment from the City in addition to the same amount from both the school and the YMCA. This money would be made up out of the rental of the facility. The program is for Cedar Ridge Elementary School for kids participating in the latch key program. Transportation would be provided. Frey is recommending that $400 is needed for the fall quarter. $1000 in excess revenue from adult golf lessons could be transferred for use in this program. Lambert asked what the rationale is for tax money to be used to provide activities for a select group of kids going to this particular school. Frey said this would be a pilot program and should be run on a break-even basis. The money is needed up front to get the program off the ground. Kids from other schools may attend the program if they have their own transportation. The $1200 from the City would be covered by registration fees. /1:31 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. June 19, 1989 -8- MOTION: Richard moved to recommend approval ot the School's Out Program with reports to the commission on a quarterly basis and the $1200 from City funds to be used for implementation of the program. Joyer seconded the motion and it passed 4-0. Richard suggested that perhaps employees of the parents could be solicited to make donations to help pay for the program. Frey said this would be a possibility. 5. Family Bike Social Lori Helling re-introduced Dave Whiteford, intern student from Mankato State University. Dave was the coordinator for the Family Bike Social which was held on June 9. It was co- sponsored by Prairie Cycle and the Eden Prairie Parks and Recreation Department. There were 25 more participants than last year. However, it is important to have an alternate date in case of bad weather so programs do not have to be re-printed. 6 Student Internship Dave said his internship has far exceeded his goals and he feels he was very fortunate to have been in Eden . Prairie. The major portion of his time was spent with adult athletics and he felt very comfortable doing this. Events Dave coordinated were listed in the memo included in the packets. He also attended lots of meetings during the last 11 weeks. IX. REPORTS OF CITY COUNCIL ACTIONS A. June 6, 1989 Council Meetin9 The City Council approved the senior citizens discount at the Community Center. The Spoon Ridge neighborhood petition for a bike trail was discussed. The Council also approved the construction of tennis courts at Franlo Park and Wyndham Knolls Park and the commission's suggestions for athletic field usage. The bond referendum was also discussed and August 8 was the date decided for another referendum. Lambert said that after more discussion, this will be delayed for an undetermined amount of time. Draft 3 AFTER-SCHOOL COORDINATED PROGRAMS AGREEMENT PURPOSE: The purpose of this agreement by the parties noted is to participate in and support a coordinated after-school program for elementary students in Eden Prairie Schools. The first year the program will be piloted at Cedar Ridge Elementary with the hope to replicate the program at other elementary schools in Eden Prairie. The goal is to offer enrichment and recreational programs as well as a supervised activity area for students until parents can pick them up. PARTIES ARE: The parties to this agreement are the Eden Prairie Community Education Department, Eden Prairie City Parks and Recreation Department, and the Southdale YMCA School's Out Program. In addition, Cedar Ridge Elementary School agrees to support and work with the three parties with planning, promotion, facility uses and implementation. RESPONSIBILITIES: Each of the parties shall be responsible to: • assist with planning and coordination and promotion • provide instructors/activity leaders for their programs • financially support an on-site supervisor and other program costs (such as mailings, promotion costs, inservice, etc.) if not covered totally by program fees • provide information regarding their programs for joint promotion • provide insurance for their staff a,nd programs • help select, work with and evaluate on-site supervisor • meet twice quarterly to plan programs and to evaluate programs USE OF SPACE: Eden Prairie Schools will provide free use of space for after-school programs run through this cooperative agreement. The Southdale YMCA's rent for the use of the gym and/or cafeteria will be reduced by the amount that the Y subsidizes the supervisor. CLASS FEES: Program fees will be determined by the cost of the instructor and class supplies. In addition, a surcharge of $.75 per student per program hour will help cover the cost of the supervisor. SUPERVISOR COST: Each of the three parties will contribute S1200 toward the cost of the supervisor for this pilot project. The Southdale YMCA will contribute this as a reduction in their rent. The City of Eden Prairie and the School District will contribute S1200 each with the R5),6 understanding that, as a pilot, if the funds from class subsidies exceed the cost of the supervisor, these funds will be returned. FINANCIAL ASSISTANCE: Funds will be solicited to provide financial assistance for students in need who cannot afford to take the programs. Guidelines and procedures will be developed by the parties involved and communicated in promotional materials. SCHOOL'S OUT FEES: Students regularly enrolled in School's Out for three or more segments a week will be given a $1.00 discount on up to two classes a week (subsidized by the YMCA). Students who want to enroll in School's Out for one or two afternoons before and/or after attending an enrichment or recreational class will be given a $1.00 discount on their School's Out fee for those days (subsidized by the coordinated program). These discounts will be recorded and an actual fund transfer made at the end of each six-week session. STUDENT/PARENT COMMUNICATION: Parents will be mailed pre- registration information for the first . session of classes prior to the start of the school year. Subsequent registration information will be distributed through students. Confirmations of enrollments will also be sent home. SUPERVISOR ROLE: The on-site supervisor will be responsible for hiring the instructors (on behalf of the parties listed above), preparing and distributing promotional materials, handling registrations and confirmations, monitoring the students and instructors during the programs and transition times, communicating with staff and parents, working with and reporting to the parties above, directly supervising children from 5:30-6:00, and administering late fee pickup policy. FISCAL AGENT: Expenses for the coordinated programs to include on-site supervision and promotional materials will be paid by the Eden Prairie Schools acting as fiscal agent. Income for classes will also be deposited with the fiscal agent. Calculations of overages or deficits will be made and direct expenses for instructors and materials will be settled with each party at the end of each sec ion. The three parties will determine how to handle any final overage or deficit at the end of the year. If costs are not recovered, the parties involved recognize that this pilot is a worthwhile project for the benefit of youth. • DRAFT DRAFT INDEPENDENT SCHOOL DISTRICT 272 Eden Prairie, Minnesota POSITION DESCRIPTION TITLE: COMMUNITY EDUCATION YOUTH PROGRAMS ASSISTANT POSITION QUAUFICATION: Education/Certification: High school graduate One or two years post-secondary education preferred Training emphasis in education, recreation or human services preferred Experience: One year job related experience with program coordination desired. Other Qualifications: Ability to write and communicate effectively. Ability to meet and work with people using basic human relations skills. Ability to identify community needs and resources and to develop educational/ recreational programs to meet those needs. Ability to manage time and responsibilities. Good organizational and coordinating skills. Ability to work with children in a positive manner. Ability to use a computer. LINE/STAFF RELATIONSHIP Immediate Supervisor: Community Education Program Coordinator 'Job Goal: To assist Community Education Program Coordinator, City Recreation Supervisor, and YMCA Schools Out Supervisor in developing and coordinating the after-school educational and recreational activities offered at a community school and to provide on-site supervision of students and activities. MAJOR FUNCTIONS AND ATTENDANT RESPONSIBILITIES 1 . Pro ,rarn Deve.loprnent: Plan programs to be held after-school at a community school in cooperation with the Community Education Program Coordinator. the Park and Recreation Department Supervisor, and the YMCA Schools Out Supervisor. ').3 Community Education Youth Programs Assistant Job Description Page 2 1.2 Schedule instructors for the agreed-upon programs on behalf of the three parties listed above. 1.3 Prepare and distribute promotional materials about the programs offered through all three parties listed above. 1.4 Work directly with staff, students, and parents to gather ideas for programs. 1.5 Handle the registrations, deposits, confirmations, payroll, and revenue/expense reports for the after-school programs. 1.6 Monitor the students and instructors during the programs and transition times. 1.7 Communicate with staff and parents about the programs and policies. 1.8 Directly supervise children waiting for rides from 5:30-6:00 p.m. and administer the late fee pickup policy. 1.9 Conduct inservice for instructors to cover their roles and responsibilities, an overview of the program, and building information. 1.10 Coordinate with school staff regarding usage of rooms and equipment needed for the after-school programs. 2. Othprt 2.1 Perform other duties as directed by supervision. TERMS OF EMPLOYMENT Classification Number: EPSEA Class 3 Hours/Day: 3-1/2 - 4' Days/Week: 4 Weeks/Year: 36 ' • Hours will generally be from 2:30-6:00 p.m. or slightly later if parents are late. Print Date: 6/14/89 Country Glen CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-89 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: 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 July 11, 1989, entered into between William Coffman Development Company, a Minnesota corporation, 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 6th day of June, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 11th day of July, 1989. ATTEST: TOhn D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A Outlot A, STENEHJEM ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. 1 641 Country Glen DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1989, by Coffman Development Company, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from rural to RI-13.5 on 9.3 acres and Preliminary Plat of 9.3 acres into nineteen (19) single family lots and two outlots, all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #18-89, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated June 1, 1989, reviewed and approved by the City Council on June 6, 1989, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Concurrent with, and as part of the final plat for the property, Developer agrees to dedicate to the City Outlot A, as depicted in Exhibit B, attached hereto, for trail purposes. Said outlot shall be dedicated to the City free and clear of any liens, mortgages, or encumbrances. 4. Prior to release by the City of the final plat, Developer agrees to execute a special assessment agreement with the City which establishes that the Developer agrees that the property shall be assessed for sufficient costs to cover construction of the following public streets and utilities to service the property: Country Road - public street, sanitary sewer, watermain, storm sewer Claycross Way - public street, sanitary sewer, watermain, storm sewer Townline Road/West 62nd Street - waterline extension (residential section, only) to the west boundary of the property 5. Prior to release by the City of the final plat, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 6. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 7. Concurrent with street and utility construction on the property, Developer agrees to construct, or cause to be constructed, a five- foot wide concrete sidewalk along the west and north sides of Country Road, as depicted in Exhibit B, attached hereto. Developer further agrees that said sidewalk shall be constructed in accordance with City standards and specifications and in accordance with the terms and conditions of Exhibit C, attached hereto. 8. Prior to issuance of any building permit on the property, Developer agrees to install two "temporary dead-end signs" on the property to be located at the western terminus of Claycross Way and the western terminus of Country Road, all as depicted in Exhibit B, attached hereto. Said signs shall be as approved by the City and shall remain in place until such time as said roads are extended west of the property by development of the adjacent parcel(s). 9. Developer acknowledges that there shall be no construction upon Outlot B of the property, as depicted in Exhibit B, attached hereto, until such time as development of the land to the west occurs. Developer further acknowledges that it is Developer's intention that said Outlot B shall be utilized for reconfiguration of lots to the west at a future date. Country Glen CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-158 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 18-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 18-89 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 11th day of July, 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. 18-89, 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. 18-89 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 July 11, 1989. GifY D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Country Glen CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-89 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: Summary: This Ordinance allows rezoning of land located south of Townline Road, west of Claycross Way, 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.) Tech Center at City West CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-89-PUD-5-89 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: 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 within the 1-2 District and be placed in the Planned Unit Development 5-89-1-2 District (hereinafter "PUD 5-89-1-2." Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 22, 1985, entered into between Northwestern National Life Insurance Company, a Minnesota corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain supplement to the Developer's Agreement, dated as of July 11, 1989, entered into between the same parties, (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 5-89-1-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 5-89-1-2 is not in conflict with the goals of the Guide Plan of the City. B. PUD 5-89-1-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, that are contained in PUD 5-89-1-2, are justified by the design of the development described therein. D. PUD 5-89-1-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the 1-2 District and placed in the Planned Unit Development 5-89-1-2 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 6. 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 7. 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 June, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 11th day of July, 1989. ATTEST: Jahn D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of /64 Tech Center at City West SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this , 1989, by and between NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, a Minnesota corporation, hereinafter referred to as "Developer," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" WHEREAS, Northwestern National Life Insurance Company and City made and entered into a Developer's Agreement, dated January 22, 1985, for City West Business Center Phases III and IV (the "Developer's Agreement"); and, WHEREAS, the parties desire to amend said the Developer's Agreement for the property as described in Exhibit A of said Developer's Agreement; NOW, THEREFORE, in consideration of City adopting Resolution #89-156, Site Plan Approval, and Ordinance #16-89-PUD-5-89, it is agreed by and between the parties hereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: "Owner shall develop the property in conformance with the revised material dated June 15, 1980, reviewed and approved as amended by the City Council on June 20, 1989, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein." B. Paragraph 3.A. shall be amended by adding the following: •13 . Samples of exterior building materials for the structures on the property. "4. Samples of exterior lighting standards to be utilized on the property. day of n5 . Detailed signage plan for the property, including any signs to be located on the structures." C. Paragraph 3.8. shall be amended to read as follows: "3.8. Submit to the City Engineer, and obtain the City Engineer's approval of plans for grading, streets, sanitary sewer, water, storm sewer, storm water run-off, and erosion control. Also, obtain approval from the Minnesota Department of Natural Resources for wetland alteration. "Upon approval by the City Engineer and the Minnesota Department of Natural Resources, Develoepr shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer and the Minnesota Department of Natural Resources, in accordance with the terms and conditions of Exhibit C of the Developer's Agreement." D. Paragraph #6. shall be amended to read as follows: "6. As part of the Planned Unit Development District Review, City hereby grants waivers from the provisions of Chapter II of the City Code, Zoning, to allow the following: "A. Up to 60% office usage within the structures within the 1-2 Zoning District. "B. A front yard setback along City West Parkway of 35 ft., instead of 50 ft." E. Paragraph #8. shall be added as follows: Concurrent with construction on the property, Developer agrees construct a five-foot wide concrete sidewalk connection between each building and the sidewalk along City West Parkway and to complete the bituminous surface connection between the sidewalk along City West Parkway and the trail along the pond, as depicted in Exhibit El, attached hereto. Developer further agrees to relocate the trail along the pond as depicted in Exhibit B, attached hereto, and to obtain approvals for both improvements from the City West Homeowners' Association." 2. Northwestern National Life Insurance Company 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. r -0 EXHIBIT A Tech Center at City West P.U.D. Concept Amendment and P.U.D. District Review Block 1, Outlot A; City West Addition Block 1; City West Business Center Block 1; City West Third Addition Block 1; City West Fourth Addition Block 1, 2, 3, Outlot A, B, C; Primeland Addition Block 1, Outlot A; Primeland Second Addition Block 1, Outlot A; Primeland Third Addition Block 1, Outlot A; Primeland Fourth Addition Block 1, Outlot A; Primeland Fifth Addition Zoning. District Amendment and Site Plan Review Lots 2 and 3, Block 1, City West Business Center, Hennepin County, M i n n e s o t a 16'60 Tech Center at City West CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-157 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 16-89-PUD-5-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 16-89-PUD-5-89 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 11th day of July, 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. 16-89-PUD-5-89, 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. 8. 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. 16-89-PUD-5-89 shall be recorded in the ordinance book, along with proof of publication required by paragraph herein, within 20 days after said publication. ADOPTED by the City Council on July 11, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Tech Center at City West CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-89-PUD-5-89 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: §EETLInt: This Ordinance allows rezoning of land located west of City West Parkway, north and east of Shady Oak Road, from the 1-2 District to the PUD-5- 89-1-2 District, subject to the terms and conditions of a developer's agreement and supplement to 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.) b ox Tech Center at City West CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-156 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR TECH CENTER AT CITY WEST FOR NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY WHEREAS, Northwestern National Life Insurance Company has applied for site plan review of Tech Center at City West on 12.46 acres for construction of a 160,868 sq. ft. office/warehouse building on property located west of City West Parkway, north and east of Shady Oak Road, currently zoned PUD-5-89-I-2; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 22, 1989, Planning Commission meeting and recommends approval of said site plan; and, WHEREAS, the City Council has reviewed said application at a public hearing at its June 20, 1989, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Northwestern National Life Insurance Company for construction of a 160,868 sq. ft. office/warehouse building, based on plans dated July 11, 1989, subject to the following: A. All the terms and conditions of that certain Developer's Agreement between Northwestern National Life Insurance Company and the City of Eden Prairie for Tech Center at City West (formerly known as City West Business Center III and IV), dated January 22, 1985; and, B. All the terms and conditions of that certain Supplement to Developer's Agreement between Northwestern National Life Insurance Company and the City of Eden Prairie for Tech Center at City West, dated July 11, 1989. ADOPTED by the City Council on July 11, 1989. Sary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-152 A RESOLUTION APPROVING FINAL PLAT OF CHASE POINT WHEREAS, the plat of CHASE POINT has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for CHASE POINT is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JULY 5, 1989. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on JULY 11, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John 0. Frane, Clerk 1664 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: July 5, 1989 SUBJECT: CHASE POINT PROPOSAL: The Developers, Crosstown Investors, have requested City Council approval of the final plat of Chase Point. Located at the southwest corner of the Crosstown Highway and Shady Oak Road, the plat contains 7.9 acres to be divided into two lots for the construction of a day-care center and gas/service station and one Outlot for future development. HISTORY: The second reading Ordinance No. 14-89, Zoning District change from Rural to Neighborhood Commercial on 2.78 acres was finally read and approved at the City Council meeting held June 20, 1989. The preliminary plat was approved by the City Council at their meeting held May 16, 1989 per Resolution No. 89-107. The Developer's Agreement referred to within this report was executed June 20, 1989. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities necessary to serve this site are in place and available for extension into this project. Currently, 'there is an improvement contract for the extension of City West Parkway along the southerly boundary of this project. This roadway will serve as access to the Chase Point project. Prior to release of the final plat the plat shall be revised to show drainage and utility easements over the existing municipal utilities through the site. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement and shall conform to City Code. Page 2 of 2 CHASE POINT July 5, 1989 BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Chase Point subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee in the amount of $756.00. 2. Receipt of engineering fee in the amount of $790.00. 3. Revision of plat to include drainage and utility easements over the existing municipal utilities. JJ:ssa cc: Crosstown Investors Sathre Bergquist, Inc. I5T6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-154 A RESOLUTION APPROVING FINAL PLAT OF COUNTRY GLEN WHEREAS, the plat of COUNTRY GLEN has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for COUNTRY GLEN is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JULY 6, 1989. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on,JULY 11, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, CliiI CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: July 6, 1989 SUBJECT: COUNTRY GLEN PROPOSAL: Coffman Development Company, the Developers, have requested City Council approval of the final plat of Country Glen. The plat is located south of West 62nd Street, east of Duck Lake Road in the North Half of Section 5. Formerly Outlot A of Stenehjem Addition, the plat contains 9.3 acres to be divided into 19 single family lots, two outlots and right-of-way dedication for street purposes. Outlots A and B contain 0.13 and 0.36 acres respectively. Ownership of Outlot A will be transferred to the City for park and trail purposes. Ownership of Outlot B will be retained by the developer to combine with adjacent property for future development. HISTORY: The preliminary plat was approved by the City Council June 6, 1989 per Resolution No. 89-129. Second reading of Ordinance No. 18-89, changing zoning from Rural to R1- 13.5, is scheduled for final approval July 20, 1989. The Developer's Agreement referred to within this report is scheduled for execution July 11, 1989. VARIANCES: All variance requests must be processed through the Board of .Appeals. UTILITIES AND STREETS: The Developer has submitted a 100% petition along with a 5% deposit of the estimated construction costs requesting the City installation of municipal utilities, streets and walkways within the development as a public improvement contract. As detailed in Item 4 of the Developer's Agreement, prior to release of the final plat the Developer shall execute a Special Assessment Agreement with the City establishing the Developers portion of the construction cost for public streets and utilities. Page 2 of 2 COUNTRY GLEN July 6, 1989 PARK DEDICATION: Prior to release of the final plat the Develo p e r s h a l l provide the City with a warranty deed for Outlot A f o r t r a i l p u r p o s e s . BONDING: Bonding shall conform to City Code and the Develope r ' s A g r e e m e n t requirements. RECOMMENDATION: Recommend approval of the final plat of Country Gl e n s u b j e c t to the requirements of this report, the Developer ' s A g r e e m e n t a n d t h e following: 1. Receipt of street sign fee in the amount of $827.00. 2. Receipt of street lighting fee in the amount of $3,29 4 . 0 0 . 3. Receipt of engineering fee in the amount of $760.00. 4. Receipt of warranty deed for Outlot A. 5. Execution of Special Assessment Agreement for the public improvements. JJ:ssa cc: Coffman Development Company Schoell and Madson, Inc. lri1)9 — 1 /aline 28, 1989 MINNEAPOLIS OFFICE 4400 IDS CENTER PO SOUTH EIGHTH STREET MINNEAPOLIS MINNESOTA 57402 012133841 7 15 FAX (6121349-6711 REPLY TO EDEN PRAIRIE OFFICE . ROBERT I LANG ROGER A TALLY DAVID H GRECIERSON• RICHARD F 6050W MARK I JOHNSON JOSEPH A NILAN JOHN W LANG. CPA LEA M D,SOLZA JEFFREY C. APPELQUIST. JUDITH X DUTCHER BARBARA M ROSS °AlioAtakemprello PnctscelawmWecomman 370 SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE EDEN PRAIRIE. MINNESOTA 55344 TELEPHONE (6I2)829-7355 LANG, PAULY & GREGERSON, LTD ATTORNEYS AT LAW Alan Gray City Engineer City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Fountain Place Apartments Amendment to Special Assessment Agreement Dear Alan: Enclosed is a copy of a letter which I received from Michael Hurley relative to the above-captioned matter. I am also enclosing the original Agreement signed by several parties described in Mr. Hurley's letter. Mr. Hurley requests that the Agreement be approved by the City Council and signed prior to the Mortgagee's giving its consent. The approval and delivery of the Agreement should be conditioned upon the Mortgagee consenting and the Agreement being duly filed prior to any change in ownership or any further encumbrances upon the property. If you have any questions concerning this please call. Rogt A. Pauly RAP:ss Enc. RAHNA,GUY,MERRML,H5NES&GIANCOLA.LTD. ATTORNEYS AT LAW 3989 Central Avenue N.E., Suite 600 Minneapolis, Minnesota 55421-3985 Phone 1612) 788-1644 Te1ecopier 1612) 788-3305 701 7 ouFth Avenue South, Swre 500 hlinneapubs, hfinnesou 55415.16 1 June 26, 1989 CERTIFIED MAIL RETURN RECEIPT REQUESTED Roger A. Pauly Attorney at Law 370 Suburban Place Building 250 Prairie Center Drive Eden Prairie, MN 55344 ',mum A GL/ZY RICHARD A MERRILL ROBERT C HONES GABRIEL 0 GONGOLA PAW E GOOLFWSKI RONALD B PETERSON JEFFREY S JOHNSON JON P ERCKSON SAVIOR COSSI THOMAS L DONOVAN KENNETH A AMDAHL RONALD t. GREENLEY SHARON L HALL MICHAEL F HURLEY STEPHAN R NICOL WILLIAM M HANSEN JON G TRANGSRUD JOAN AI THIEMAN KAREN J KINGSLEY PATRICK I FUGWA DANIEL 0 STEPHAN JENNY L WALKER JOAN M OUAOE LUKE R STELLPFLUG STEVEN I. MACKEY PATRICIA A ZENNER OF COUNSEL PETER HARSH LAWRENCEMNAWMXM PATENT,COPWRIGHTANO TRADEMARK LAW RE: Fountain Place Apartments Amendment to Special Assessment Agreement Dear Mr. Pauly: Enclosed please find an Amendment to Special Assessment Agreement regarding the Fountain Place Apartment Project. I presented the original Amendment to Special Assessment Agreement to the Hennepin County Registrar of Titles to ensure that the document would be accepted for recording. After several discussions and amendments to the Agreement and legal descriptions contained in the Agreement, the Registrar of Titles has agreed to accept the document after it has been executed ,by the City of Eden Prairie. The Mortgage Company that will be consenting to the AgreeMent has requested that the City approve the spreading of the assessments before their execution. The modifications to the Agreement are minor and deal only with reference to exhibits and legal descriptions contained within the exhibits. Would you please make arrangements to have this Agreement presented to the Eden Prairie City Council for their approval. After approval we will submit it to the lender of the property for their approval. There has been no conveyance or secondary financing of any of the property that is subject to and affected by the original Special Assessment Agreement or Amendment to Special Assessment Agreement. If you have any questions please feel free to contact me. Sincerely, LI9Wail 7 vi-eiti-ey7 Michael F. Hurley MFH:6) cc: Mr. Lloyd Cherne Mr. Steven Schumeister 1561 AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS This Agreement made and entered into this 13th day of March, 1989, between the City of Eden Prairie, a municipal corporation (the "City"); Lloyd G. Cherne and Joan A. Cherne, husband and wife ("Cherne"); and CSM Corporation, a Minnesota corporation, Fountain Place Apartments Limited Partnership, a Minnesota limited partnership, and Fountain Place Apartments II Limited Partnership, a Minnesota limited partnership (herein collectively referred to as the "Owner"). WHEREAS, the Owner holds legal title to all the property included in Blocks 1, 2, 3, and 4, Fountain Place Apartments, Hennepin County, Minnesota, according to the plat on file and of record in the office of the Hennepin County Registrar of Titles; which is described on attached Exhibit "A", WHEREAS, Cherne is the Owner of property described in Exhibit "B" attached hereto and made a part hereof; and, WHEREAS, the parties hereto entered into a certain agreement dated December 21, 1987, filed in the office of the Registrar of Titles, Hennepin County, Minnesota, on March 25, 1988, Document No. 191670(4_ entitled "Agreement Regarding Special Assessments," relating to improvements required by the Fountain Place Apartment project more fully described therein (the "Improvements") and the assessment for benefits resulting therefrom and said Agreement Regarding Special Assessments also provides for the levying of assessments for "Trunk Improvements" described therein; and, WHEREAS, the City, Cherne, and Owner desire to amend the Agreement Regarding Special Assessments, 1'5 (4 NOW THEREFORE, it is agreed by and between the parties as follows: 1. The term "Improvements" shall include the installation and construction of sanitary sewer and water, if any. The "Improvements" shall mean those installed and constructed by the City or caused to be installed and constructed by the City. 2. All of the assessments for benefits resulting from the Improvements and the Trunk Improvement shall be levied against Blocks 1, 2, 3, and 4, Fountain Place Apartments, Hennepin County, Minnesota, except as hereinafter otherwise provided, payable by the owner of each Block in proportion that the area of such Block bears to the total area of Blocks 1, 2, 3, and 4. 3. All assessments for benefits in connection with the construction of a concrete path to be adjacent to and easterly of Columbine Road which abuts on the Cherne property shall be assessed soleli against the Cherne property. 4. Cherne reserves the right to appear before the Eden Prairie City Council to dispute the installation of or date of installation of said concrete path, so long as the same shall not delay the issuance, or impair the validity of any permits or approvals with respect to the property of Owner, or impair or delay in any manner the use and occupancy of such property by the Owner, or its agents, servants or tenants. The City Council's decision as to installation or date of installation of said concrete path shall be final and Cherne agrees to install or commence installation of said concrete path within the earlier of (i) the time period permitted by the City Council or (ii) 60 days - 2 - By: FOUNTAIN PLACE APAR LIMITED PARTNER By CSM 0 p By: its general pnrtner - ENTS II t.-5:-/Getitrit(aix>16% rttrer President of receipt of a written request from the City Council of Eden Prairie. 5. Cherne agrees to indemnify and hold Owner harmless from any costs, expenses or damages resulting from Cherne's failure to abide by and follow the terms and conditions of the Agreement regarding Special Assessments and this Amendment thereto. 6. Owner agrees to indemnify and hold Cherne harmless from any costs, expenses or damages resulting from owner's failure to abide by and follow the terms and conditions of the Agreement regarding Special Assessments and this Amendment thereto. CITY OF EDEN PRAIRIE Lloyd G. Cherne A municipal corporation By: Gary D. Peterson Its: Mayor pidan A. Cherne By: Carl J. Jullie Its: City Manager CSM CORPORATION a Minnesota caro efti—r on FOUNTAIN PI,ACE AP TMENTS LIMITED PARTNER By: CSM ,Z,i-tt general partner LtAVOlgettniaixrPartxter President -3- 66,1 PAULA K. PERI= NOTARY PUBLIC -MINNESOTA RAMSEY COUNTY My Commission Enp , re., Oct 9 1990 STATE OF MINNESOTA) ) as. COUNTY OF5.4497ex..., he foregoing instrument was acknowledged before me this day of s--,7/7/t//( , 19V/by Lloyd G. Cherne and Joan A. Cherne, husband and wife. • -1,1 z (2:411 Notary Public - 42— STATE OF MINNESOTA) ) ss. COUNTY OF GLORIA L. CHARNLEY NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission souse 3.1043 The foregoing instrument was acknowledged before me this day of , 1988, by Gary D. Peterson and Carl J. Jullie the Mayor and City Manager, respectively, of City of Eden Prairie, a municipal corporation, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA) ) 198.. COUNTY OF RArrNSE4 ) The foregoing instrument was acknowledged before me this (3 °` day of )ict2c4\ , 19 by (.7.:n y-.5i-tt,t1E7-) of CSM corporation, a Minnesota corporation, on behalf of said corporation. Notary Public the STATE OF MINNESOTA) , ss. COUNTY OF PAPISTLY ) The foregoing instrument was acknowledged before me this 13 4/‘ day of 0))9/2f,fr‘ , 198, by ,,I:p(':5 1-t1,14Efre'tr v 'rk-1 (.07,7?-FW7CK, the general partner of Fountain Place Apartments Limited Partnership, a Minnesota limited partnership, on behalf of said partnership. 1.17//41 71', • 6 1.8 ( 1 " Notary Public :-i) "."%. PAULAK.PERMIC 1) • NOTARY PUBLIC- MINNESOTA RAMSEYCOUNTY My Commission Expires Oct. 9.1990 -4- STATE OF MINNESOTA) ) as. COUNTY OF RAKII9D/ ) The foregoing instrument was acknowledged before me this ()-1"'I day of rn A_Qx21, , 198, by(=/.4,7 9,Q7".FCH;the general partner of Fountain Place Apartments II Limited Partnership, a Minnesota limited partnership, on behalf of said partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY, MERRILL, HYNES GIANCOLA, LTD. 3989 CENTRAL AVENUE N.E. MINNEAPOLIS, MN 55421 PAULA K. PERISIC NOTARY PUBLIC • MINNESOTA RAMSEY COUNTY My Commission Expires Oct 9, 1990 EXHIBIT "A" TO AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSE S S M E N T S Legal Description of Property owned by "Owner" Lot 1, Block 1 Lot 1, Block 2) Lot 1, Block 3 Lot 1, Block 4) Lot 2, Block 4--7/%G72. all in Fountain Place Apartments, Hennepin Coun t y , Minnesota. EXHIBIT "B" TO AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS Legal Description of Property owned by "Cherne" 1. Outlot A, Fountain Place Apartments, Hennepin County. 2. Outlot B, Fountain Place Apartments, Hennepin County. 3. Certificate of Title No. 711536. That part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22, lying Westerly and Northwesterly of the following described line: Commencing at the intersection of the South line of said quarter quarter with the Northwesterly right-of-way line of former State Highway No. 5, now State Highway No. 169; thence Northeasterly along said Northwesterly right-of-way line to a point distance 452 feet East (as measured at right angles) of the West Line of said Southwest Quarter of the Southwest Quarter; thence Northwesterly at right angles to said right-of-way 108.90 feet; thence Northeasterly at right angles a distance of 200 feet; thence Southeasterly at right angles 108.90 feet to said right-of-way line; thence Northeasterly along said Northwesterly highway line to a point thereor, distant 260 feet West at right angles from the East line of said Southwest Quarter of the Southwest Quarter; thence North to a point on the North line of said Southwest Quarter of the Southwest Quarter distant 260 feet West of the Northeast corner thereof; and said line there terminating; except that part thereof which lies Southeasterly of .a line run parallel with and distant 25 feet Northwesterly of Lihe 1 described below: Line 1 Beginning at a point on the East and West quarter line of said Section 14, distant 2,557.59 feet West of the East Quarter corner thereof; thence run Southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from West to South) for 251.40 feet; thence deflect to the left at an angle of 07 degrees 34 minutes 00 seconds for 1,463.47 feet thence deflect to the right at an angle of 14 degrees 28 minutes 44 seconds for 1,447.85 feet and there terminating. and also excepting that part thereof embraced within the plat of Fountain Place Apartments. FL'? ; SPECIAL ASSESSMENT AGREEMENT This is an agreement entered into this day of 1987, between the City of Eden Prairie, a Minnesota Municipal Corporation (the "City"), and owners of lands in Eden Prairie as set out in "Exhibit A' to this agreement (the 'Owners"). WHEREAS, the Owners own title to certain real estate in the City of Eden Prairie, County of Hennepin, State of Minnesota, which property is the subject of this Agreement and is set out in parcels as per "Exhibit A" attached hereto; and WHEREAS, the Owners of the property now platted as Hidden Glen Third Addition desire to develop the lots in said plat in such a manner that will require the construction of a sanitary sewer, including pipes, manholes and such other items as are normally associated with the construction of a sanitary sewer project in the metropolitan area OCrer lands lying easterly, of Hidden Glen Third Addition (the 'Improvement"); and WHEREAS, the Owners of Hidden Glen Third Addition, as set out in said Exhibit A, are willing and do hereby agree to pay the cost of the improvements to be assessed by the City of Eden Prairie to the extent that the cost is allocated to the property, and the Owners of the additional lands lying East of the plat of Hidden Glen Third Addition do also consent to the "ig assessment of the cost as set out herein, it being understood that there will also be assessments for other improvements in Hidden Glen Third Addition such as sewer, water, storm sewer and street paving which will be assessed against the lots in Hidden Glen Third Addition separately from this improvement, NOW, THEREFORE, it is hereby agreed between the City and the Owners as follows: 1. The Improvement contemplated herein will inure to the benefit of the property; 2. This Agreement is entered into pursuant to the provisions of M.B.A. 429.031(3), and all Owners do hereby waive any public hearing or notice of public hearing and further state and agree that the total cost of Improvement shall be assessed against the property in the manner set out herein. 3. The estimated cost of the Improvement is $28,363.37, to be assessed on an acreage basis as shown in "Exhibit B" attached hereto and made a part hereof. The future closings on individual lots in Hidden Glen Third Addition will all be conducted through Chicago Title Insurance Company. -2- 5. As each lot in Hidden Glen Third Addition is closed, a proportioned amount for its share of the assessments as shown on Exhibit B shall be retained by said title company pursuant to an escrow agreement between the title company and the owners of the lots in Hidden Glen Third Addition. Attached hereto is acknowledgment of said title company's to escrow the appropriate amount. 6. The sum for the Improvement is an estimate, but the amounts computed as levied against Parcel B and Parcel C are firm, and any amounts over the estimated $28,363.37 shall be assessed against the lots in Hidden Glen Third Addition. 7. The City assessment records for the property shall show these assessments as 'pending assessments until levied. IN WITNESS WHEREOF, the Owners have executed this Agreement the date first above written. CITY OF EDEN PRAIRIE NEW CONCEPT HOMES, INC. -3- It s Elaine Jacgu —/-16` itsxxxxxxxxxxxxxxxxxxxxxxxx Partner / Lloyd 'Schroeder OA KWOOD CORP ION h Dolejs yn. DERRI LAND COMPANY/ / , Its PAya1 41,,,f 8cx/ANNLxIC:Os. ESTATE OF ELIZABETH R. PAULY, Deceased By U-',/rk Rosemary P. MiOgo, Personalo Representative 10186 PARTNERSHIP trxxxxxxxxxxxxxxxxxxxxxxxxxxx By Arnold E. Schroeder 7 . ‘17— e1L-Le-e:?. Roselle B. Las Evelyn' Hickman k e'sU-7_7t-:4472/7.4_17... Loretta Trelstad The undersigned are mortgagees of variousparcels of the within described properties and do hereby assent to this Special Assessment Agreement and subject the lien of their individual mortgages to the terms of said Agreement. .TilLie Antoinette Dole] O Arnold E. SchP eder ?%6A7-felje--1-J Marie Schroeder -4- SHELARD NATIONAL BANK Sylvester Jacques b.. Its (1 p2„,.74...c.-geN Melvin Trelstad Elaine JacqueV / 7.7 /4,1)1,2.A..e.4_ (le-% ( i el( I CA C-d- Lifretta Trelstad i Clarence/It. Ess(17K; 0 //' / i ,, ,‹:. L k c/'' =,...( ...,: //i ei'E,s, .2'2'. -.... ,.,..._ Llud Schroeder - Rosella B. Ess 4, Le.A.- Germaine Schroeder Clarence Hickman Richard Enroth Evelyn/Hickman Cleo Enroth James A. Lamson, Trustee Thomas A. Ries, Trustee N.C. COMPANY CONSTRUCTION MORTGAGE INVESTORS CO. By By Its ;ts MUTUAL SERVICE LIFE INSURANCE CO. FIRST NATIONAL BANK OF HOPKINS By By Its Its By -5- /5') cAL 9)0.912s lyettA,:tr41 1.:;71 I — I NC coM:woi4 rz My cermrssion ••1.M1 Jon. 5, 1990 The undersigned title company agrees to escrow funds from any sale closed by them. CHICAGO TITLE INSURANCE COMPANY By Its STATE OF MINNESOTA) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1987, by the of City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoinginstrument was acknowl dged before me this j29 - day of ,....atezt—itu 1987, by exl,LA-14 the p'-Jr. of New Concept Homes, Inc., a Minnesota corporation, on behalf of the corporation. 1-77, Not4ry Public STATE OF MINNESOTA) . ) s S. COUNTY OF N) The foregoin: this day of...lt.txtu-,n , 1987, by .V....coo_e Vhbh,t-rc‘cik the of Derrick Land Company, a Minnesota corporation, on behalf of the corporation. 441.11:". KAMEIPLWEN —••:"NOTARYPUBLIC•AIINNMTA HENNERNCOMY * MYOOMMMVCNEXPRES114-001. YVVVV VVVVVYVVVYMMI Notary Public k -6- UARYEATON ICTARY KM= NNKEZOTA HENNEPIN COUNTY My comma's esdres 7 4343 STATE OF MINNESOTA) ) ss. COUNTY OF 14 4.A.trIn ) The foregoing instrument was acknowledged before me this 1.51 4.- day of , 1987, by Rosemary P. Mingo, Personal Representative of the Estate of Elizabeth R. Pauly, deceased. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OFwa The foregoin instr ment was ackno this jj,Z,day of 1987, by the e of G.N.R. Land C9 partnefship, on behalf of the partner-s STATE OF MINNESOTA) COUNTY OF 5 5 . Nptai Public "AmwmAAmwmp,mmm.wmAms EC TRU L ISSINGER °H'E"NY u P PeiNLICCO NE NU'N"TYFS°" rwwww. The foregoing instrument was acknowledged before me this day of • 1987, by a Partner of 10186 Partnership, a Minnesota general partnership, on behalf of the partnership. Notary Public , a Minnesota le ged i / befve */- -7- HARYEATON 9031i.1f Pl.r3.13 ••• 90,C0C1TA HeINEPIN COUNTY 00020=0 OVV•9 7-1340 STATE OF MINNESOTA) ss. COUNTY OF Theforegoing instrument was acknowledged before me this ,29-2 day of _...doir,c1/..,..41A), 1987, by L-Mat.e.h.ite/ the 7)4.i.„4...r 'of Oakwood Corporation, a Minnesota corporation, on behalf of the corporation. C - • ./,...6 7•Ze>,4t,-./ Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF A44-44.,a4,0 ) The foregoing instrument was acknowledged before me this adle day of 4---,7,11f.,m.Atni , 1987, by Joseph Dolejsi. VT .rbouglat r)-n ,n N:.;OTA C3 y Jx,,..ras :on. i, 1990 STATE OF MINNESOTA) ) ss. 'nUNTY OF Iknnee, ) NotarirPu The foregoing instrument was acknowledged before me this 1.51 4's day of lJr , 1987, by Arnold E. Schroeder. STATE OF MINNESOTA) ) ss. COUNTY OF Theiforegoing instrument was acknowledged before me this '10 day of 1.--y7em-,e, , 1987, by Tillie Antoinette Dolejsi. F- 7-•••-7, - r 41 21cualai \... . 1410!.• Y .._.1.7. -MI: TYYT:SOLY% -.;.f.7 1:N•1.2N COLNT? IA, ccrnrnusion expaes Ion. 5, 1990 • Notak -8- MARY EATON NOTARY PURUC - MINNESOTA HENNEPIN COUNTY My carrramoon =PM 7.n-0 Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF WAAefln ) The foregoing instrument was acknowledged before me this day of i;u44.c.,.6KJ- , 1987, by Elaine Jacques. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF 14-enneVM) The foregoing instrument was acknowledged before me this 'cc4 ' day of 11191.cp.bLr , 1987, by Loretta Trelstad. STATE OF MINNESOTA) ) ss. COUNTY OF 1\tAnevin) The foregoing instrument was acknowledged before me this 1-`0' day of , 1987, by Clarence Ess.."44-A L XJ4.1- 1%kift.14tsin V-TA.A5.e. 44- Claae^ce, ••n • r-Ss. V.33 Notary Public MARY EATON NOTARY KHOO • M1NNMOTA HENNEPIN COUNTY my camnsoon awes 7-134a STATE OF MINNESOTA) ) ss. COUNTY OF Illtorf;ei ) The foregoing instrument was acknowledged before me this 21 day ofi?,9-14,41 - , 1987, by Lloyd Schroeder. )\A Notary Public -1 0- Notary Public MARY EATON VOTARY PU8LIC - MINNESOTA HENNEMN COUNTY My ammomm sWmo 14MO I\ASU_ Notary Public STATE OF MINNESOTA) ) ss. rnUNTY OF WeAnepyl ) The foregoing instrument this af.1 4" day of was acknowledged before me 1987, by Rosella B. Ess. STATE OFOF MINNESOTA) ) ss. COUNTY OF ii\ZArti. ) The foregoing instrument was acknowledged before me this licl"" day of hapQ.A.ar , 1987, by Germaine Schroeder. MARY EATON —...:similumPuzuo.uswissom HENNEPIN COUNTY commtaxm =Pm 7-1340 Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF V.V.friAe9;i1 ) The foregoing instrument was acknowledged before me .s 2d1 dayof ia.e.0.1c.m.-61.:- , 1987, by Clarence Hickman. STATE OF MINNESOTA) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1987, by Richard Enroth. Notary Public 16'1 STATE OF MINNESOTA) ) ss. COUNTY OF ) UARYEATON NOTARY PusUe - MINNESOTA HENNEPIN COUNTY My aammramon moms 7-040 STATE OF MINNESOTA) ) ss. COUNTY OF 1 .(eieteftl ) The foregoing instrument was acknowledged before me this 2'' day of ilickenber , 1987, by Evelyn Hickman. Notary Public The foregoing instrument was acknowledged before me this day of , 1987, by Cleo Enroth. Notary Public STATE OF MINNESOTA) ) as. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1987, by James A. Lamson, Trustee. Notary Public STATE OF MINNESOTA) ) as. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1987, by Thomas A. Ries, Trustee. Notary Public -12- P579 STATE OF MINNESOTA) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of • 1987, by . the of N.C. Company, a corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of • 1987, by , the of Construction Mortgage Investors Co., a corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1987, by the of Mutual Service Life Insurance Co., a corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1987, by the of First National Bank of Hopkins, a corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1987, by the of Chicago Title Insurance Company, a corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT DRAFTED BY: BEST 6, FLANAGAN (JDO) 3500 IDS Center Minneapolis, Minnesota 55402 (612) 339-7121 -14- r-7 EXHIBIT A Parcel A: Hidden Glen Third Addition Owner: New Concept Homes, Inc., a Minnesota Corporation, as to that part of Hidden Glen Third Addition lying within the West 825.35 feet of the West 80 acres of the North Half of the Northwest Quarter of Section 6, Township 116, Range 22, which lies North of the North line of Hidden Glen, and Derrick Land Company, a Minnesota Corporation, as to the balance of Hidden Glen Third Addition. EXCEPT Lots 1 through 10 in Block 5; Lots 1 through 18, Block 6; which are owned by Oakwood Corporation, a Minnesota Corporation, AND EXCEPT Lot 20, Block 6, which is owned by 101'86 Partnership, a Minnesota General Partnership. Parcel 8: That part of the West 80 acres of the North 1/2 of the Northwest 1/4 of Section 6, Township 116, Range 22, lying East of the West 1618.1 feet thereof, except road. Parcel C: Owner: Estate of Elizabeth R. Pauly, deceased, Rosemary P. Mingo, Personal Representative Lloyd Schroedei, Elaine Jacques, Arnold E. Schroeder, Rosella Ess, Evelyn Hickman and Loretta Trelstad The North 1/2 of the Northwest 1/4, except the West 80 acres thereof, in Section 6, Township 116, Range 22; also that tract in the North 1/2 of the Northeast 1/4 of said Section 6, described as follows, to-wit; Commencing 80 rods East of the Southwest corner of the North 1/2 of the Northeast 1/4 of said Section 6, thence West to the Southwest corner of the North 1/2 of the Northeast 1/4 of said Section 6, thence North to the North line of said Section 6; thence East on said North line of said Section 6, 38 rods; thence Southeasterly to the place of beginning, according to the United States Government survey thereof. Owner: G.N.R. Land Co., a Minnesota partnership. EXHIBIT B Parcel A Assessable Acreage 47.05 25.00 6.00 Amount Assessed $17,097.97 9,085.00 2,180.40 $28.363.37 4 Note: Computed at $363.40 per acre. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 89-155 RESOLUTION APPROVING PLAN TO WIDEN CSAH 4 BETWEEN TERREY PINE DRIVE AND TIMBER LAKES DRIVE WHEREAS, the Hennepin County Department of Transportation has proposed to widen CSAH 4 (Eden Prairie Road) between Terrey Pine Drive and Timber Lakes Drive to four lanes and seeks approval thereof. NOW, THEREFORE, BE IT RESOLVED that said plans for the improvement within the City, be and hereby are approved. ADOPTED by the Eden Prairie City Council on July 11, 1989. Gary D. Peterson, Mayor ATTEST: SEAL .John D. Frane, Clerk June 15. 1989 DEPARTMENT OF PUBLIC WORKS Engineering Division 320 Washington Ave. South Hopkins, Minnesort,55,343:463 9-)J CL=1 11 Phme:(612)935-338 1!) CITY OF EDEN PRAIRIE Mr. Eugene Dietz, P.E. Director of Public Works City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: CSAH 4 - Terrey Pine Drive to Timber Lakes Drive Dear Gene: The County's 1989 maintenance program includes widening of CSAH 4 from south of Terrey Pine Drive (south terminus of County Project 8122) to Timber Lakes Drive. This existing two lane segment would be widened to a four lane undivided facility approximately 48 feet wide. Pavement markings on the widened roadway would provide for two lanes northbound and two lanes southbound on CSAH 4. To assure City concurrence with this improvement, we ask that the City Council adopt a resolution supporting the project. Once adopted, please have a certified copy of the resolution sent to my office. Thank you. Sincerely, ames M. Wold Division Engineer JMW/DLH:gk HENNEPIN COUNTY on equal opportunity employer CITY OF EDEN PRAIRIE, MINNESOTA RESOLUTION NO. AUTHORIZING CERTAIN AMENDMENTS TO THE FORMS OF AN APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND A LOAN AGREEMENT RELATING TO THE ISSUANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, $5,375,000 HOUSING DEVELOPMENT REVENUE REFUNDING BONDS (EDENVALE APARTMENTS PROJECT), SERIES 1989A, AND $185.000 TAXABLE HOUSING DEVELOPMENT REVENUE BONDS (EDENVALE APARTMENTS PROJECT), SERIES 1989B 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 Minnesota; and WHEREAS, the Issuer, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds and is authorized to enter into any agreements made in connection therewith; and WHEREAS, the Issuer on August 31, 1982, issued its $5,500,000 City of Eden Prairie, Minnesota Housing Development Revenue Note (the "Prior Note") to First National Bank of Minneapolis the proceeds of which were lent to Edenvale Apartments, a Minnesota general partnership pursuant to a Loan Agreement (the "Prior Loan Agreement") dated as of August 31, 1982 between the Issuer and Edenvale Apartments to finance the costs of acquiring, constructing and equipping a 174-unit multifamily rental housing development, known as Edenvale Apartments (the "Project"); and WHEREAS, pursuant to and in accordance with the provisions of the Prior Note and the Prior Loan Agreement, the interests and obligations of Edenvale Apartments thereunder have been transferred to Edenvale Company, a Minnesota general partnership (the "Company"), as its successor and assign; and WIIEREAS, the Issuer proposes to issue its $5,375,000 City of Eden Prairie, Minnesota Housing Development Revenue Refunding Bonds (Edenvale Apartments Project), Series 1989A (the "Series 1989A Bonds"); and WHEREAS, the Issuer proposes to issue its $185,000 City of Eden Prairie, Minnesota Taxable Housing Development Revenue Bonds (Edenvale Apartments Project), Series 1989B (the "Series 1989B Bonds"); and WHEREAS, the Issuer by the passage of Resolution No. on June 20, 1989 (the "Bond Resolution") authorized the issuance of the Series 1989A Bonds to refund and prepay the entire outstanding principal amount of the Prior Note and the issuance of the Series 1989B Bonds to be used to pay certain costs of issuance (the Series 1989A Bonds and the Series 1989B Bonds are referred to jointly herein as the "Bonds"); and WHEREAS, the Bonds will be issued under an Indenture of Trust dated as of June 1, 1989 (the "Indenture") between the Issuer and American National Bank and Trust Company, as trustee (the "Trustee"); and WHEREAS, the Issuer has agreed to enter into the Loan Agreement dated as of June 1, 1989 between the Issuer and the Company (the "Loan Agreement') pursuant to which the Issuer will lend to the Company the proceeds from the sale of the Bonds; and WHEREAS, subsequent to the date of passage of the Bond Resolution, certain modifications and amendments have been proposed to the forms of the Indenture and Lean Agreement originally approved by the Issuer in the Bond Resolution, the amended forms of which have been submitted to the Issuer for its approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. That the City Council of the Issuer (the "Council") ratifies and confirms its findings previously made that the undertaking of the Project within the Issuer has served to provide decent, safe and sanitary rental housing to persons and families of low or moderate income, as defined in Minnesota Statutes, Chapter 462C (the "Act"), and as such has served the public purposes provided in the Act. The Council further ratifies and confirms the findings and approvals set forth and granted by the Bond Resolution. 2. That the Loan Agreement as amended to the date hereof; and the Indenture are hereby approved. That the Mayor and City Manager of the Issuer are hereby authorized and directed to execute and deliver on behalf of the Issuer the Loan Agreement and the Indenture, substantially in the forms now on file with the Issuer, with such necessary and appropriate omissions, modifications, insertions, and additions as are not materially inconsistent with the form on file with the Issuer, and which are consistent with the Act, as the City Attorney and Bond Counsel in their discretion shall determine. The execution of the Loan Agreement and the Indenture by the appropriate officers of the Issuer with approval of the City Attorney as to form shall be conclusive evidence that any omissions, modifications, insertions and additions to such documents meet the conditions of the preceding sentence. All of the provisions of the Loan Agreement and the Indenture 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 herein and shall be in full force and effect from the date of execution and delivery thereof. 3. That except as set forth above, the Bond Resolution shall remain in full force and effect from and after the date of this Resolution and all findings, provisions and approvals set forth in the Bond Resolution are hereby incorporated by reference into this Resolution. 2 i")(1 Adopted this 11th day of July, 1989. Attest: Mayor City Clerk V 3 16a CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-145 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 52-152 Cedar Ridge Storm Sewer bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and, WHEREAS, the City Engineer recommended award of contract to: Nodland Construction Company, Inc. as the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Nodland Construction Company, Inc. in the name of the City of Eden Prairie in the amount of $282,999.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on July 11, 1989. Gary Peterson, Mayor ATTEST John D. Frane, Clerk SEAL: 11 -0 Hansen Thorp I I Pe!linen Olson Inc. I Consulting Engineers & Land Surveyors June 30, 1989 City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 ATTN: Alan Gray, P.E. RE: I.C. 52-152 Cedar Ridge Storm Sewer Dear Mr. Gray: Bids were received and opened at 10:00 a.m. on Thursday June 29, 1989, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate was $319,138.40. The estimated construction cost in the feasibility report was $340,000.00. The low bidder, Nodland Construction Company, Inc. came in below both the Engineer's Estimate and feasibility report estimate at $282,999.00. Recommendation is made that the City Council award Improvement Contract 52-152 to Nodland Construction Company, Inc. in the amount of $282,999.00. This recommendation considers the receipt of a favorable bid below the Engineer's Estimate and that the City Council reserves the right to award the contract in the best interest of the City. Respectfully, HANSEN THORP PELLINEN OLSON INC. (jazi4A. ch-Lacin-- Laurie A. Johnson, P.E. LAJ:bc enclosure (612) 829-0700 • 7565 Office Ridge Circle • Eden Prairie, MN 55344-3644 -4 L.icato? C onsulting En neer SUMMARY OF BIDS I.C. 52-152 DESCRIPTION: Cedar Ridge Storm Sewer BIDS OPENED: June 29, 1989 10:00 A.M. CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER Nodland Construction Co., Inc. Barbarossa & Sons, Inc. Brown & Cris Inc. Progressive Contractors, Inc. S.M. Hentges & Sons, Inc. J.P. Norex, inc. G.L. Contracting, Inc. Northdale Construction BID SECURITY Yes - 5% TOTAL AMOUNT 282,999.00 299,105.20 338,767.25 341,391.00 351,345.00 368,320.40 389,746.80 405,256.00 The undersigned recommend award of Contract to: Nodland Construction Co., Inc. as the lowest responsible bidder for this Improvement Contract. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-148 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 52-123 CSAH 1 & 18 Storm Sewer bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and, WHEREAS, the City Engineer recommended award of contract to: F.F. Jedlicki, Inc. as the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with F.F. Jedlicki, Inc. in the name of the City of Eden Prairie in the amount of $45,953.50 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on July 11, 1989 Gary Peterson, Mayor John D. Franc, Clerk SEAL: 117 Hansen Thorp -7) I Pellinen Olson Inc. Consulting Engineers & Land Surveyors June 30, 1989 City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 ATTN: Alan Gray, P.E. RE: I.C. 52-123 CSAH 1 6. 18 Storm Sewer Dear Mr. Gray: Bids were received and opened at 10:00 a.m. on Thursday June 29, 1989, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate was $49,429.50. The estimated construction cost in the feasibility report was $55,000.00. The low bidder, F.F. Jedlicki, Inc. came in below both the Engineer's Estimate and feasibility report estimate at $45,953.50. Recommendation is made that the City Council award Improvement Contract 52-123 to F.F. Jedlicki, Inc. in the amount of $45,953.50. This recommendation considers the receipt of a favorable bid below the Engineer's Estimate and that the City Council reserves the right to award the contract in the best interest of the City. Respectfully, HANSEN THORP PELLINEN OLSON INC. JailliA4 (2. 4441111477N.— Laurie A. Johnson, P.E. LAJ:bc enclosure (612) 829-0700 • 7565 Office Ridge Circle • Eden Prairie, MINI 55344-3644 SUMMARY OF BIDS I.C. 52-123 DESCRIPTION: CSAH 1 & 18 Storm Sewer BIDS OPENED: June 29, 1989 10:00 A.M. CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER F.F. Jedlicki, Inc. Brown & Cris, Inc. Nodland Construction Co. Inc. B & D Underground, Inc. G. L. Contracting, Inc. BID SECURITY Yes - 5% Yes - 5% Yes - 5% Yes - 5% Yes - 5% TOTAL AMOUNT $ 45,953.50 $ 57,165.35 $ 60,280.00 $ 60,433.00 $ 60,536.40 The undersigned recommend award of Contract to: F.F. Jedlicki, Inc. as the lowest responsible bidder for this Improvement Contract. 169q Bergin Auto Body CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-119 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BERGIN AUTO BODY EXPANSION FOR JAMES BERGIN WHEREAS, James Bergin has applied for site plan review of an expansion of Bergin Auto Body on 2.0 acres for construction of a 7,500 sq. ft. addition t o t h e existing building on property located north of Martin Drive, west of Corporat e W a y , currently zoned 1-2; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 12, 1989, Planning Commission meeting and recommends approv a l o f said site plan; and, WHEREAS, the City Council has reviewed said application at a public hearing at its July 11, 1989, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to James Bergin for an expansio n o f the existing Bergin Auto by construction of a 7,500 sq. fto addition, based on p l a n s dated June 30, 1989, subject to the following conditions: A. Prior to issuance of any permit for grading on the property, Developer agrees to submit to the City, and to obtain the City's approval of a revised site plan which removes 14 parking spaces along the front of the builiding, revises the doubl-loaded parking area to the north for a curb-to-curb spacing of 63 feet, and which indicates removal of the parking stall nearest the northwest corner of the building in order to provide a 10-foot setback along the proposed future lot line. Developer agrees to implement said plan as approved by the City. B. Prior to issuance of any permit for grading on the property, Developer agrees to submit to the City, and to obtain the City's approval of a revised landscape plan which relocates all landscaping affected by the additional building construction and utility installation work, revises the landscaping to increase and extend the screening berm to the west, provides sodding for all restoration areas, and provide for adequate screening of the repair vehicle storage area. Developer agrees to implement said plan as approved by the City. C. Prior to issuance of any permit for grading on the property, Developer agrees to submit to the City, and to obtain the City's approval of a plan for screening of rooftop mechanical equipment screening. Developer agrees to implement said plan as approved by the City. D. Developer agrees to submit grading, storm water run-off, and erosion control plans to the City and Watershed District and obtain the City's and Watershed District's approval of said plans, prior to grading permit issuance for the Resolution #89-119 Page 2 property. Developer agrees to implement said plans as approved by the City and Watershed District and further agrees to notify City and Watershed District at least 48 hours in advance of any grading on the property. E. Prior to building permit issuance for the property, Developer agrees to submit to the City, and obtain the City's approval of, a site lighting plan for the property, which depicts lighting of a down-cast variety. Developer agrees to implement said plan as approved by the City. ADOPTED by the City Council on July 11, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning May 19, 1989 Bergin Auto Body Northwest corner of Corporate Way and Martin Drive James Bergin Site Plan Review within the 1-2 zoning district on 2 acres. Background The Comprehensive Guide Plan depicts an Industrial land use for this site and surrounding sites. This property, as well as surrounding property, was zoned 1-2 in 1969 per Ordinance #135. The property is bordered to the north by the Crown Auto Distribution Center, to the south by Landscape Products Center, to the east by the Swedenborg Company, and to the west by the NSP substation. This site is currently platted as Outlot E, Edenvale Industrial Park. In 1985, Bergin Auto was approved with a preliminary platting of Outlot E into one, 1-acre lot and 1 outlot with a variance for a lot size of less than 2 acres in the 1-2 district. Bergin Auto was con- structed in 1985, but the property ,LLi: was never final platted and remains today as Outlot E. State Statute : now allows for construction of structures on outlots. The property 17 N is currently zoned 1-2 and has been designed in such a way to allow for - AREA LOCATION MAP future platting when an additional , Bergin Auto Body 2 May 19, 1989 use is proposed to the west. The proposed Bergin Auto site n o w c o n s i s t s o f 2 a c r e s , while the future site to the west consists of 2.7 acres, an d w h e n s u b d i v i d e d , w i l l require lot width variances. Site Plan A 7,500 square foot addition is proposed to be added to the e x i s t i n g B e r g i n A u t o building, for a total of a 13,500 square foot structure at a 1 5 . 5 % F l o o r A r e a R a t i o (FAR). The current fenced-in storage area for the park i n g o f v e h i c l e s b e i n g repaired will be shifted further to the north and slightly e n l a r g e d , i n a d d i t i o n t o the construction of a 20-space parking area for custome r u s e . S i n c e t h i s i s a corner lot, a 25-foot setback to parking is allowed along Cor p o r a t e W a y . The building addition is for the repair of vehicles. Cit y C o d e r e q u i r e s 3 p a r k i n g spaces per 1,000 square feet of building, based on a m a n u f a c t u r i n g u s e , o r 2 3 spaces. These spaces, in addition to the existing buildin g p a r k i n g r e q u i r e m e n t , totals 42 spaces. City Code would require a total of 38 p a r k i n g s p a c e s f o r t h e entire building based on 1/3 office, 1/3 manufacturing, an d 1 / 3 w a r e h o u s e s h o u l d t h e building use change in the future. The proponent is providin g a t o t a l o f 5 4 s p a c e s that meet Code in addition to the parking available with i n t h e b u i l d i n g . F o u r t e e n additional spaces are being provided along the front of the b u i l d i n g ; h o w e v e r , t h e s e spaces are not permitted and shall be removed since th e d r i v e a i s l e w i d t h a n d parking space depth cannot meet Code. The proponent will a l s o be required to revise the northern parking area to meet the curb to curb spacing f o r d o u b l e - l o a d e d p a r k i n g to the Code requirement of 63 feet. In addition, the pa r k i n g s t a l l n e a r e s t t h e northwest corner of the building will need to be removed so t h a t t h e C o d e m i n i m u m o f a 10-foot setback is provided from the proposed future lot l i n e . Outdoor Storage The proponent intends to utilize the outdoor storage a r e a f o r t h e p a r k i n g o f vehicles being repaired. The current outside storage area i s b e i n g s c r e e n e d b y a chain-link fence with brown opaque plastic inserts. The o r i g i n a l a p p r o v a l f o r t h e screening indicated a 6-foot board-on-board opaque cedar f e n c e . A t b u i l d i n g p e r m i t issuance, a chain-link fence with plastic inserts was su b s t i t u t e d f o r t h e c e d a r fence. The plan indicates a re-use of the existing fence t o s c r e e n t h e r e l o c a t e d storage area. Site inspection indicates this fencing does n o t e f f e c t i v e l y s c r e e n the storage area. Proposed berming along Corporate Way doe s n o t s c r e e n t h e s t o r a g e area. The berm should be increased in height and extended f u r t h e r w e s t w i t h m a s s plantings to provide adequate screening. This will be di s c u s s e d f u r t h e r i n t h e landscape section. Drainage The proposal includes the installation of a catch basin an d s t o r m s e w e r p i p e f r o m the northern parking area to Martin Drive. This install a t i o n w i l l r e q u i r e t h e relocation of existing plant materials to other areas on the s i t e . Landscaping City Code requires landscaping to meet caliper inch requi r e m e n t s b a s e d o n b u i l d i n g square footage in addition to screening parking areas and s t o r a g e a r e a s . Based on a ',500 square foot addition, a total of 23 caliper inches o f t r e e s i s r e q u i r e d . The proposed landscaping does not screen parking and storage a r e a s , a n d m a s s p l a n t i n g s Bergin Auto Body 3 May 19, 198C and berm revisions will be necessary. Staff would recommend that either a revision to the landscaping take place as shown on the attachment, if a chain-link fence with plastic inserts is used for screening, or provide a 6-foot board-on-board opaque cedar fence to screen the repair vehicle storage area. All existing plant material affected by the proposed building addition shall be relocated on-site since it was part of the original approval. The plan depicts the use of seeding and rock mulch as part of the site restoration. City Code requires that all areas of the site not occupied by the building or proposed for future expansion be sodded. The proponent shall revise the plan indicating the use of sodding for all site restoration. Architecture The plans indicate the continuation of the similar architectural style and use of materials for the proposed addition. An overhead door is proposed along the north elevation of the structure which will be the only entrance for vehicles in and out of the building. A rooftop mechanical screening plan has not been submitted as part of this proposal. City Code requires the screening of all rooftop equipment from public roadways and differing land uses. The proponent shall revise the plans to indicate the screening of any proposed rooftop units. Lighting No lighting plan has been submitted for review. Any parking lot or building lighting shall be of a down-cast variety to limit off-site glare. Prior to building permit issuance, a lighting plan shall be required. STAFF RECOMMENDATIONS Staff would recommend approval of the site plan review within the 1-2 zoning district on 2 acres subject to this Staff Report and the following: 1. Prior to City Council review, proponent shall: A. Remove the 14 parking spaces along the front of the building. Revise the double-loaded parking area to the north for a curb-to-curb spacing of 63 feet, and remove the parking stall nearest the northwest corner of the building so that a 10-foot setback is provided along the proposed future lot line. B. Relocate all landscaping affected by the additional building construction and utility installation work, and revise the landscaping plan to increase and extend the screening berm towards the west. Provide sodding for all restoration areas. Revise the landscaping plan as shown on the attachment if the chain-link fencing with plastic inserts is used for screening of the repair vehicle storage area, or provide a 6-foot board-on-board cedar fence for screening of the repair vehicle storage area. C. Provide a rooftop mechanical equipment screening detail. 2. Prior to Building permit issuance, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. Bergin Auto Body 4 May 19, 1989 B. Submit detailed storm water run-off, utility, and erosion control plans for review by the Engineering Department. C. Submit site lighting details depicting lighting of a down-cast variety. 543 ..°C2061°S 441 14 I LANDSCAPING r- i i•-% • . . ,A.1 82° • _7= . • .7" 14 ,- ^-)" 67 t,si•VER ArrAcrimEt.fr I 7.77' 7. 'I ". , 00 .•7 :1,ry : f ho :7 ! :17 17tTort- -.7 12, 7'7 '7' 1 he•t.1 .41 t o th e r 2:1!. j: III"ni. 1%!.. L n .• : 7.. •.1 with he: . Mot i .47 '•--:7-f7. . . l..j I. :771 Ie 172vi e w t_h:: for r not 1:2,1 of a 7, o € r. Mil:. tin A rran7en )1 1 t. • to the Y."77 ;r:n : . :tem to th.. 12, 1'77'7 : •.; € 7,:oI ion L; -0 C11,7..7:7\11 7,7.777 177 . by t: t fuz ' 7 7 .111 1.7:1; I. 7c,vi -!1.;-)i,,,;;cnt Review or 1 Cl .7,,or es wi7.11 w.Aivc,r , Diutrict Chcojo from :71 -13.5 to R7. -ILC or ;3.1.2 rr,23 y P7.--7,t of 3.1.2 .:icres Into 23 ainyle 1.oil Iota. of ' 77 1: . tildt 177" e„; rod hon -.;etit to th ,., z:zznc7'. ro3 rr ,i7crty owners aclvi:3ing them of a neighborhood meeting and that the res)ni;e from the no ghbors 1..001 been [Jul—It:we th.it the pi oi -nr_;ed l;luros hod chary:Jed rwer thc• :rem 3 ,7., unit.; to 55 tir.viihousLe rt:'.',1;:;:.,1 for 0 23 - fd.n I iy unit J.v1cr..;;t..:•v e r r.ge lot size would 1 .,e 13,500 :-.5quaro 1001. The cul --nn ind corner lot. woulc.1 mo ,l f led 1)0 ed on tt Cluff ionz . cir ng pretl ,nn 1.71 r hsifl .-,1 n 1:1re5r.ed to the Tht: imn"," for th wouLd he t9,1 the 17 1 r v .v..: ion, with ar,pr ,:ximately I! to 12 r_le:7,1 ,..juir, from. I F the wk-,1111 U vu woo(' rci:n 1 ;ed 'I n.ro .!c with H.:n !on I 'h: r eif:rsdw 1 dl hr IL, f CICfl,C 'C to ''.:;.!1,1n, of It ng ill t.; t,eing for 1. hc40e wl:hing l/ ) i,2k- A UNAPPROVED Planning Commission Minutes 2 June 12, 1989 Shopping Center. A continued public hearing. The proponent requested a 30-day continuance to complete plan revisions. Franzen noted that the site plan may need to be revised due to soil correction problems. MOTION: Dodge moved, seconded by Fell to continue the public hearing to the July 10, 1989, Planning Commission meeting, pending receipt and review by Staff of revised plans for the Denwal Ford proposal. Motion carried 6-0-0. B. PEPSIN AUTO, by James J. Bergin. Request for Site Plan Review within the 1-2 Zoning District on 2 acres for construction of a 7,500 square foot addition to an existing building. Location: Northwest corner of Martin Drive and Corporate Way. A continued public hearing. Richard Anderson and Charles Ruebling arrived at 7:35 PM. James Bergin stated that the request was to construct 7500 square foot addition onto the existing facility. He noted that the plan had been revised to include the berming, hedging, and screening of the roof-top units as requested by Staff. The proponent was not prepared for the metal panel; however, he believed this could be accomplished. Bergin stated that he had requested to be able to seed the property in lieu of sod, but if necessary would comply with the sod request. Fell asked if lighting had been addressed. Franzen replied that the lighting would be the same as the existing lighting which was within the City Code. Franzen noted that the sodding and metal panel requirements were required by ordinance. Anderson asked if a sprinkling system would be required. Franzen replied that an ordiance related to the requirement of sprinkling systems was not in place at this time. A sprinkling system was important when the property relied heavily on screening by landscaping; however, this project would be mainly screened with berming. Dodge asked if the proponent had planned for a chain link fence or a cedar fence. Bergin replied that there would he a chain link fence with shrubs. MOTION: Anderson moved, seconded by Fell to close the public hearing. Motion carried 7-0-0. UNAPPROVED Planning Commission Minutes 3 June 12, 1989 MOTION: Anderson moved, seconded by Fell to recommend to the City Council approval of the request of James J. Bergin for Site Plan Review within the 1-2 Zoning District on two acres for construction of a 7,500 square foot addition to an existing structure, based on revised plans dated May 31, 1989, subject ot the recommendations of the Staff Reports dated May 19, and June 9. Motion carried 7-0-0. C. EDEN PRAIRIE CENTER., for United Artist Theaters. Request for a second free-standing pylon to advertise the United Artist Movies. The sign is proposed at 249 square feet, 22 feet in height, 2'1" wide between faces, and to be located at the Eden Prairie Shopping Center's northeast entrance off Prairie Center Drive. Location: 1076 Eden Prairie Center. A public hearing. MOTION: Ruebling moved, seconded by Hallett to close the public hearing. Motion carried 7-0-0. MOTION: Ruebling moved, seconded by Hallett to recommend to the City Council approval of the request of United Artists Theaters for Planned Unit Development Concept Amendment to allow a second free-standing sign at Eden Prairie Center, based on plans and written materials dated May 26, 1989, subject to the recommendations of the Staff Report dated June 9, 1989 .... D.EDENVALE CROSSINGS, by Marcor Properties, Inc. Request for Comprehensive Guide Plan Amendment from Neighborhood Commercial to Community Commercial on 7.5 acres, Planned Unit Development Concept Amendment on 21 acres, Planned Unit Development District Review 00 21 acres, with waivers, and Zoning District Amendment within the C-Com Zoning District on 7.5 acres, Site Plan Review and Preliminary Plat on 7.5 acres Into 1 lot for construction of 38,056 square feet of commercial uses. Location: East of Mitchell Road, southeast of Martin Drive, Mitchell Road intersection. A public hearing. MOTION: Hallett moved, seconded by Sandstad to continue this item to the June 26, 1989 Planning Commmission meeting. Motion carried 7-0-0. /(,Y1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-144 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 6th day of June, 1989 fixed the 11th day of July, 1989 as the date for a public hearing on the following proposed improvements: I.C. 52-144 - BLUFF ROAD SANITARY SEWER, WATERMAIN, STREET AND DRAINAGE IMPROVEMENTS WHEREAS, ten days published notice of the Council hearing through two weekly publications of the required notice was given and the hearing was held on the 11th day of July, 1989 at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with the assistance of H.T.P.O., consulting engineers. ADOPTED by the Eden Prairie City Council on JULY 11, 1989 Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-146 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 6th day of June, 1989 fixed the 11th day of July, 1989 as the date for a public hearing on the following proposed improvements: I.C. 52-155 - CSAH 01 BY-PASS/TURN LANE WHEREAS, ten days published notice of the Council hearing through two weekly publications of the required notice was given and the hearing was held on the 11th day of July, 1989 at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement. ADOPTED by the Eden Prairie City Council on July 11, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk /0‘) VAC 89-06 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-149 VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN A PORTION OF HIDDEN GLEN 3RD ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: The drainage and utility easements adjoining and adjacent to the front, rear and side lines of Lots 12 through 22 inclusive, Block 1 and Lots 1 through 9 inclusive, Block 2, Hidden Glen 3rd, as platted and of record in the office of t..e County Recorder, Hennepin County, Minnesota. WHEREAS, a public hearing was.held on JULY 11, 1989, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: I. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on JULY 11, 1989. Gay D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 1:,o17 VAC 89-07 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-150 VACATION OF A DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 13, BLOCK 3, PRAIRIE EAST THIRD ADDITION WHEREAS, the City of Eden Prairie has certain a drainage and utility easements described as follows: Commencing at the southeasterly corner of Lot 13, Block 3, Prairie East Third Addition as recorded in the offices of the County Recorder and Registrar of Titles, Hennepin County, Minnesota; thence North 0 degrees 22 34" East along the easterly property line of said Lot 13 a distance of 25.00 feet; thence North 89 degrees 37' 26" West a distance of 10.00 feet to the point of beginning of the easement to be vacated; thence North 0 degrees 22' 34" East a distance of 50.00 feet; thence South 89 degrees 37' 26" East a distance of 5.00 feet; thence South 0 degrees 22' 34" West a distance of 50.00 feet; thence North 89 degrees 37' 26" West a distance of 5.00 feet to the point of beginning of the easement to be vacated and there terminating. WHEREAS, a public hearing was held on JULY 11, 1989, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on JULY 11, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk VAC 89-08 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-151 VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PARTS OF LOTS 6 AND 7, BLOCK 1, BLUFFS WEST SECOND ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: A 10.00 Foot wide drainage and utility easement over that part of Lots 6 and 7, Block 1, Bluffs West Second Addition as platted and recorded in the offices of the County Recorder and Registrar of Titles, Hennepin County, Minnesota described as follows: All that part of said Lots 6 and 7 lying witnin the southerly 5.00 feet of said Lot 6 and the northerly 5.00 feet of said Lot 7, except the most westerly 10.00 feet as measured parallel with the westerly property lines of said lots and the most easterly 10.00 feet as measured parallel with the easterly property line of said lots. WHEREAS, a public hearing was held on JULY 11, 1989, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 1 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on JULY 11, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk JULY 11.1989 51817 PETTY CASH -CHANGE FUND FOR ROUND LAKE CONCESSION STAND 1 818 COMMISSIONER OF REVENUE PAYROLL 6/9/89 181 9 COMMISSIONER OF REVENUE FIRST HALF OF JUNE 89 ESTIMATED SALES TAX 5162 n.! COMMISSION OF REVENUE MAY 89 SALES TAX 51821 COMMISSIONER OF REVENUE MAX 89 FUEL TAX 51822 FIRST BANK EDEN PRAIRIE PAYROLL 6/9/89 51823 SHEILA HELLER REFUND-AFTERNOON PLAYGROUND 51824 JOHN HUSMOE REFUND-ADULT GOLF LESSONS 51825 JAMES KLINE EXPENSES-POLICE DEPT 51626 LEAGUE OF MINNESOTA CITIES CONFERENCE-COUNCILMEMBER 51827 MINN P 0 S T BOARD LICENSES-POLICE DEPT 51828 MINN P 0 S T BOARD LICENSES-POLICE DEPT 51829 MN POLLUTION CONTROL AGENCY CONFERENCE-SEWER DEPT 51830 NATIONAL LEAGUE OF CITIES CONFERENCE-COUNCILMEMBER 51871 DOROTHY SCHNEIDER REFUND-SWIMMING LESSONS 51832 JENNY STUDWELL REFUND-PRESCHOOL PLAYGROUND 51833 STOUFFER MADISON HOTEL CONFERENCE-COUNCILMEMBER 51834 DE ANNE THIEDE REFUND-EXERCISE CLASS 51875 LINDA ISO REFUND-SWIMMING LESSONS 51836 JIM WAGNER REFUND-TENNIS LEAGUE 51637 ROSE WEHLAND REFUND-EXERCISE CLASS 51836 ABBEY'S RESTAURANT ADULT PROGRAMS/FEES PAID 51839 MN ORCHESTRA HALL ADULT PROGRAMS/FEES PAID 51840 YELLOW FREIGHT CO FREIGHT FOR MOTOR-WATER DEPT 51841 BRADLEY PRODUCTIONS -DOWNPAYMENT-ENTERTAINMENT-JULY 4TH CELEBRATION '1 842 PAM COFFMAN REFUND-SKATING LESSONS 043 CINDI DUENOW REFUND-AEROBICS CLASS ,1844 MINNEGASCO SERVICE-NORTH HILLCREST COURT 51845 MARIA MORAN REFUND-SWIMMING LESSONS/SKATING LESSONS 51846 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 51847 U S WEST CELLULAR INC SERVICE 51648 U S WEST COMMUNICATIONS SERVICE 51849 HALVERSON'S OF MPLS EXPENSES-AQUATICS SUPERVISOR 51850 BURGER BROTHERS SPORTING GOODS HIPBOOTS'-WATER DEPT 51851 PETTY CASH -CHANGE FUND-SUMMER PLAYGROUND PROGRAM- -NESBITT PARK/PRAIRIEVIEW PARK/FOREST HILL PARK/HOMEWARD HILL PARK/STARING LAKE PARK 51852 CITY COUNTY CREDIT UNION PAYOLL 6/9/89 51853 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 51854 GUARANTEE MUTUAL LIFE COMPANY JUNE 89 LIFE INSURANCE PREMIUM 51855 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 51856 ICMA RETIREMENT CORPORATION PAYROLL 6/9/89 51857 INTL UNION OF OPERATING END JUNE 89 UNION DUES 51858 MN TEAMSTERS CREDIT UNION PAYOLL 619/89 51659 MUTUAL BENEFIT LIFE JUNE 89 LIFE INSURANCE PREMIUM 51860 EXECUTIVE DIRECTOR-PERA PAYROLL 6/9/89 51861 EXECUTIVE DIRECTOR-PERA JULY 89 LIFE INSURANCE PREMIUM 51862 UNITED WAY PAYROLL 6/9/89 51663 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 51864 JAMES SCHLOSSMACHER SCHOOL-POLICE DEPT 51865 GREAT WEST LIFE ASSURANCE CO PAYROLL 6/9/89 R66 MN DEPT OF P/S MOTOR VEHICLE REGISTRATIONS 367 FIAM BOOK-FIRE DEPT 145 9 9912 50.00 11514.45 11700.00 19675.87 220.60 56155.46 5.00 32.00 200.00 20.00 35.00 300.00 60.00 150.00 24.00 17.00 410.76 28.00 24.00 17.00 28.00 65.34 288.00 65.87 75.00 24.00 28.00 163.96 45.00 55.25 109.93 1066.13 72.50 59.95 250.00 1363.00 186.00 2654.98 194.76 1468.92 921.00 25.00 2526.89 27314.18 99.00 246.50 100.00 475.00 4491.00 854.87 21.95 JULY 11.1989 51868 AMERICAN SWEDISH INSTITUTE 51869 MPLS INSTITUTE OF ART 870 AT&T CREDIT CORPORATION ,1871 AT&T CONSUMER PRODUCTS DIV 51872 AT&T 51873 KAREN ANDERSON 51874 LINDA ARNFELT 51875 DEBORAH AUSTIN 51876 THOMAS BECK 51877 DONNA BENZ 51878 JANET BLAKE 51879 ELLEN DEIST 51880 GLENN FLEKKE 51881 SUSAN GEKAS 51882 SUZANNE GILL 51883 WILL GROVENDER 51884 HOLIDAY INN 51885 ICMA HOUSING BUREAU 51886 IPMA MINNESOTA CHAPTER 51887 JANICE KIDD 51888 SUSAN KOOMAN 51889 51890 51891 51892 51893 PETTY CASH 51894 SHRUTI RANGNEKAR -.895 AMANDA RODRING 396 JANE TAMPLIN 51897 LOIS UNTIEDT 51898 U S WEST COMMUNICATIONS 51899 LIZ VAN SCHOONEVELD 51 9 00 MELANIE VORIS 51901 51902 51903 51904 51905 MN DEPT OF AGRICULTURE 51906 COMMISSIONER OF REVENUE 51907 NORTHERN STATES POWER CO 51908 DANIEL S PERNULA ' 51909 TOM ALLEN 51910 RICHARD ALLEN PRODUCTIONS 51911 CHERYL SAWYER 51912 TWIN CITIES MUSICIANS UNION 51913 TRUSTEE MPTF 51914 UNIVERSITY OF MINNESOTA 51915 HOPKINS POSTMASTER 7 16 CITY & STATE -917 HOPKINS POSTMASTER 3957863 SENIOR TRIP/FEES PD SENIOR TRIP/FEES PD SERVICE SERVICE SERVICE REFUND-NORTH COUNTRY TRIP REFUND-SWIMMING LESSONS REFUND-TENNIS LESSONS REFUND-SKATING LESSONS REFUND-PRESCHOOL PLAYGROUND REFUND-PRESCHOOL PLAYGROUND REFUND-AFTERNOON PLAYGROUND REFUND-GOLF LESSONS REFUND-SWIMMING LESSONS REFUND-PRESCHOOL PLAYGROUND REFUND-NORTH COUNTRY TRIP CONFERENCE-POLICE DEPT CONFERENCE-ADMINISTRATION EXPENSES-HUMAN RESOURCES REFUND-PRESCHOOL PLAYGROUND REFUND-SWIMMING LESSONS EXPENSES-CITY HALL REFUND-SKATING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-ROUND LAKE PARK BUILDING RENTAL SERVICE REFUND-PRESCHOOL PLAYGROUND/TENNIS LESSONS REFUND-SCUBA LESSONS CELEBRATION LICENSE-LIQUOR STORES LICENSE FEES-ASSESSING DEPT SERVICE GOLF INSTRUCTOR/FEES PAID -ENTERTAINMENT-SUNDAY VARIETY IN THE PARK- HISTORICAL & CULTURAL COMMISSION -ENTERTAINMENT-SUNDAY VARIETY IN THE PARK- HISTORICAL & CULTURAL COMMISSION HISTORICAL & CULTURAL COMMISSION -ENTERTAINMENT-CONCERTS IN THE PARK- HISTORICAL & CULTURAL COMMISSION -ENTERTAINMENT-CONCERTS IN THE PARK- HISTORICAL & CULTURAL COMMISSION CONFERENCE-ASSESSING DEPT POSTAGE-UTILITY BILLING SUBSCRIPTION-ADMINISTRATION POSTAGE-SENIOR NEWSLETTER 9.00 7.00 92.04 98.00 1565.00 10.00 15.25 22.00 19.00 17.00 19.00 15.00 4.30 42.00 34.00 10.00 41.34 50.00 12.00 40.00 24.00 2411.68 25859.60 24.00 Y9.00 57.84 12.00 17.00 19.00 26.50 88.62 36.00 126.00 15.18 500.00 15.00 610.00 80.00 180.00 4394.68 256.50 250.00 370.00 125.00 56.00 731.00 610.00 377.25 15.00 69.85 NORTHERN STATES POWER CO SERVICE NORTHERN STATES POWER COMPANY SERVICE MARK ODDEN REFUND-EXERCISE CLASS OFFICE PRODUCTS OF MINNESOTA INC. CONFERENCE-FINANCE DEPT PAT WEBBER REFUND-PRESCHOOL PLAYGROUND BUREAU OF ALCOHOL TOBACCO & FIREA LICENSE FEE-LIOUOR STORES COMMISSIONER OF REVENUE LICENSE 'FEE-ASSESSING DEPT JIMMY ALLEN ARTIST MGMT LTD -DEPOSIT FOR ENTERTAINMENT-JULY 4TH 16) 5195: BRAUN ENG TESTING INC 51954 BREDE EXPOSITION SERVICES 51955 ED BRION 51956 BRO-TEX INC 51957 BROCK WHITE CO 51958 BRYAN ROCK PRODUCTS INC 51959 CALC TYPE OFFICE EQUIPMENT CO 51960 CARLSON & CARLSON ASSOC 1 61 SUSAN CARTER 62 CARVER COUNTY TREASURER 12105219 SERVICE-STARING LAKE PARK CURTAIN FOR ICE SHOW-COMMUNITY CENTER SOFTBALL OFFICIAL/FEES PAID TOWELS-EQUIPMENT MAINTENANCE SPRING-EQUIPMENT MAINTENANCE GRAVEL-PARK MAINTENANCE 4 TYPEWRITERS-FIRE DEPT EMPLOYEE ASSISTANCE-HUMAN RESOURCES REFUND-PLUMBING PERMIT -SERVICE-HWY 212 ENVIRONMENTAL IMPACT STATEMENTS & STUDY REPORT JULY 11,1989 51918 EAGLE WINE Co WINE 51919 GRIGGS COOPER & CO INC LIQUOR 1920 JOHNSON BROS WHOLESALE LIQUOR LIQUOR .1921 MARK VII DISTRIBUTING COMPANY WINE 51922 PAUSTIS & SONS CO WINE 51923 ED PHILLIPS & SONS CO WINE 51924 PRIOR WINE CO WINE 51925 QUALITY WINE CO LIQUOR 51926 CIRCUS PIZZA SPECIAL TRIPS/EVENTS/FEES PAID 51927 SKATELAND SPECIAL TRIPS/EVENTS/FEES PAID 51928 MN BUREAU OF CRIMINAL APPREHENSIO EXPENSES-BCA ACCOUNT 51929 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 519:0 ACRO-MINNESOTA INC OFFICE SUPPLIES-CITY HALL 519:1 HERBERT S ADOLPHSON EXPENSES-BUILDING DEPT 51932 ADT SECURITY SYSTEMS KEYPAD REPAIR-POLICE BUILDING 5193: AIRSIGNAL INC PAGER SERVICE-COMMUNITY CENTER 519:4 AMERICAN RED CROSS -FIRST AID & CPR TRAINING/AQUATIC VIDEOS/ -LIFESAVING BOOKS & REGISTRATIONS-ROUND -LAKE BEACH/RILEY LAKE BEACH/AFTERNOON PLAYGROUND/POOL LESSONS 519:5 AMERICAN SPEEDY PRINTING CENTERS -PRINTING-RECREATION ADMINISTRATION/ ORGANIZED ATHLETICS 51936 Hn tf IL. !! SIGNS-STREET DEPT 51937 iALAIttiO311 TENNIS INSTRUCTOR/FEES PAID 51938 )(II At EXPENSES-FIRE DEPT 51939 11..1111 AL11111111 (3 -SERVICE-STRUCTURAL REPAIRS & COATING OF CONCRETE WATER TANK-WATER DEPT '1940 ARMOR SECURITY INC KEYS-FACILITIES DEPT 741 ARTISANS INC -690 T SHIRTS-AFTERNOON PLAYGROUND/DAY CAMP 51942 ASSOCIATED WELL DRILLERS INC -WELL ABANDONMENT-EDEN PRAIRIE RD/FRANLO PARK 51943 ASSOC OF METROPOLITAN MUNICIPALIT EXPENSES-COUNCILMEMBERS/ADMINISTRATION 51944 AUTOMATED ENTRANCE PRODUCTS INC DOOR CLOSER-PARK MAINTENANCE 51945 GWEN BARKER EXPENSES-HISTORICAL & CULTURAL COMMISSION 51946 BATTERY & TIRE WAREHOUSE INC -MIRROR BRACKETS/BATTERIES/WINDSHIELD -WASHER FLUID/WIRE/BRAKE FLUID/POWER STEERING FLUID-EQUIPMENT MAINTENANCE 51947 JOHN BENSON GOLF INSTRUCTOR/FEES PAID 51948 BERRY COFFEE COMPANY SERVICE-CITY HALL 51949 BEI MEDICAL WASTE SYSTEMS SERVICE 51950 JAMES BITTNER SOFTBALL OFFICIAL/FEES PAID 51951 BLAYLOCK PLUMBING CO REFUND-PLUMBING PERMIT 51952 LOIS BOETTCHER -MINUTES-PARKS RECREATION & NATURAL RESOURCES COMMISSION 1772.72 20615.43 20957.29 42.50 370.24 10893.71 2179.19 11583.61 344.00 180.00 405.05 189.00 2431.18 15.00 58.00 14.00 845.00 150.05 1412.16 312.00 20.00 30000.00 8.60 2266.45 6629.00 60.00 60.00 9.52 235.87 405.60 1195.45 82.50 45.00 157.00 56.42 1145.30 200.00 240.00 181.05 8.50 01.08 2312.50 160.00 90.50 632.32 in ; 51963 CENTURION TECHNOLOGY SYSTEMS INC SQUAD CAR SET UP-POLICE DEPT 51964 CHASE BRACKETT COMPANY APPRAISAL FEE- EDEN PRAIRIE INDUSTRIAL CTR 51965 CHUCK'S BAGS UNLIMITED FIRST AID RESCUE EQUIPMENT-FIRE DEPT 51966 CLEAN SWEEP INC STREET SWEEPING-STREET DEPT 967 COLLEGE OF ST THOMAS CONFERENCE-CITY EMPLOYEES .968 COMMUNICATIONS CENTER HEAD SET/SPEAKER-SEWER DEPT 51969 COMMERICAL ASPHALT CO BLACKTOP-STREET MAINTENANCE 51970 CONCRETE RAISING INC CURBING-DRAINAGE CONTROL 51971 SPENCER L CONRAD EXPENSES/MILEAGE-FIRE DEPT 51972 CONSTRUCTION MATERIALS INC SEALCOATING-STREET MAINTENANCE 51973 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-EQUIPMENT MAINTENANCE 51974 COPY EQUIPMENT INC -FLORESCENT TAPE-STREET MAINT/PARK MAINT/ PRINTING-PARK PLANNING DEPT 51975 CORONET Mil FILM & VIDEO INC VIDEO FILM-POLICE FORFEITURE-DRUGS 51976 CORPORATE RISK MANAGERS INC JUNE 89 INSURANCE CONSULTANT 51977 CULLIGAN SERVICE 51978 BILL DAGGET WALLEYBALL OFFICIAL/FEES PAID 51979 WARD F DAHLBERG MAY 89 EXPENSES-LIQUOR STORES 51980 DALCO CLEANING SUPPLIES-FACILITIES DEPT 51981 DEL AIR CONDITIONING INC AIR CONDITIONING REPAIR-FACILITIES DEPT 51982 OEM CON LANDFILL INC MAY 89 WASTE DISPOSAL-PARK MAINTENANCE 51983 DONS SOD SERVICE SOD-STREET MAINTENANCE 51984 DON EVE & SONS MOWING-STREET MAINTENANCE 51985 DRISKILLS SUPER VALU -EXPENSES-CITY HALL/POLICE DEPT/OUTDOOR CENTER/SENIOR CENTER 775.98 500.00 1400.00 13489.64 3000.00 195.00 7630.83 4496.25 115.48 3168.00 249.93 140.44 420.00 560.00 56.60 24.00 80.00 50.87 910.22 24.00 148.50 270.00 64.48 EXPENSES-FIRE DEPT AEROBICS INSTRUCTOR/FEES PAID -MAY 89 MAINTENANCE AGREEMENT/TONER-CITY HALL GLASSWARE-FIRE DEPT EXPENSES-ADMINISTRATION WASTE DISPOSAL-FORESTRY DEPT -CULVERTS/CULVERT BANDS/JOINT SEAL/GASKETS- DRAINAGE CONTROL/SEWER DEPT SUITS-ROUND LAKE BEACH/RILEY LAKE BEACH RAINCOATS/SEATS/GLOVES-STREET MAINTENANCE CAR WASH REPAIR-POLICE BUILDING -50 MANHOLE ADJUSTMENT RINGS-$2750.00/6 -MANHOLE COVERS-$648.00/6 GRATES-$342.00/ -9 BACKPLATES-$543.00/8 CATCH BASINS- $1544.00-STREET MAINT/DRAINAGE CONTROL EXPENSES-HISTORICAL & CULTURAL COMMISSION BLOOD TESTS-POLICE DEPT SOFTBALL OFFICIAL/FEES PAID CHEMICALS-PARK MAINTENANCE -SWITCHES/CONTROL BOXES/LAMPS/HORN/BELTS/ -BEARINGS/CABLE TIES/FLASHERS/OIL SEALS- EQUIPMENT MAINTENANCE 51986 DRISKILLS SUPER VALU 51987 FAUL DUNNUM 51988 EASTMAN KODAK COMPANY 1 989 EDEN INCENTIVES & PROMOTIONS 90 EDEN PRAIRIE CHAMBER OF COMMERCE ,I991 JOHN H EKLUND 51992 ELK RIVER CONCRETE PRODUCTS 51993 ELSMORE AQUATICS 51994 ELVIN SAFETY SUPPLY INC 51995 EMPRO CORPORATION 51996 ESS BROS & SONS INC 51997 JULIE EVERT 51998 FAIRVIEW 51999 DAVID FEDIE 52000 FEED RITE CONTROLS INC 52001 FEIST BLANCHARD CO 382.58 200.00 941.53 448.70 12.00 70.00 1094.51 200.00 266.41 81.35 5722.00 7.50 49.00 15.00 213.28 751.79 52002 VOID OUT CHECK 52003 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 52004 FOX MCCUE & MURPHY 1988 AUDIT SERVICE 52005 LYNDELL F FREY SOFTBALL & VOLLEYBALL OFFICIAL/FEES PAID 52006 FROZEN IMAGES SLIDE DISPLAY -FIRE DEPT 52007 GENERAL BINDING CORPORATION -REPORT BINDING MACHINE REPAIR-ENGINEERING DEPT/FORESTRY DEPT 0.00 657.53 10000.00 123.00 350.00 290.85 ,64725 52008 GENERAL OFFICE PRODUCTS CO FOLDING TABLES-COMMUNITY CENTER 52009 GEROLD BROS REFUND-BUILDING PERMIT 52010 GT COMMERICAL SERVICES INC LAWN MAINTENANCE-CEMETERY OPERATIONS '011 JOSEPH GLEASON HOCKEY & SOFTBALL OFFICIAL/FEES PAID 012 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAINTENANCE 52013 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 52014 ROBERT GRANT 52015 GREAT FACES INC 52016 GREENKEEPER INC 52017 GROSS OFFICE SUPPLY 52018 GUNNAR ELECTRIC COMPANY INC 52014 C F HAGLIN & SONS CO 52020 .16A HANDY CRAFTS INC 52021 HANSEN THORP PELLINEN OLSON INC 52022 HENNEPIN COUNTY TREASURER 52023 HENNEPIN COUNTY TREASURER 52024 HENNEPIN COUNTY PUBLIC RECORDS 52025 HERZOG PETROLEUM 52026 D C HEY COMPANY INC 52027 HONEYWELL PROTECTION SERVICES 52028 IAA! MINNESOTA CHAPTER 52029 INDEPENDENT SCHOOL DIST #272 52030 INSTY-PRINTS 52031 INSTY PRINTS 52032 INTL OFFICE SYSTEMS INC 52033 F F JEDLICKI INC -,034 PENNY JESSEN JM OFFICE PRODUCTS INC 52036 KAY JOHNSON 52037 N CRAIG JOHNSON MAI 52038 CARL JULLIE 52039 KAHNKE BROTHERS INC 52040 JIM KILDAHL 52041 KILLMER ELECTRIC CO INC 52042 BRADLEY J KNUTSON 52043 JOHN KOEGL 52044 ROBERT LAMBERT 52045 LAMBERT ROGERS INC 52046 LANDSCAPE PRODUCTS CENTER 52047 LANDSCAPE & TURF 52048 SANDRA A LANDUCCI 52049 LANG PAULY & GREGERSON LTD 52050 LEAGUE OF MN CITIES INS TRUST 52051 LEEF BROS INC 52052 LEO LEWIS FOOTBALL CLINIC 52053 LIL RED EDEN PRAIRIE GROCERY 52054 JAMES R LININGER REFUND-BUILDING PERMIT FIRE PREVENTION POSTERS-FIRE DEPT SPRINKLER REPAIR-FACILITIES DEPT OFFICE SUPPLIES-POLICE DEPT 2 LAMP LENS-PARK MAINTENANCE SERVICE-COMMUNITY CENTER REPAIR SUPPLIES-CENTER CARE SERVICE-STARING LAKE PARK FILING FEES-PLANNING DEPT APRIL 89 BOARD OF PRISONERS FILING FEES-ENGINEERING DEPT MOTOR OIL-EQUIPMENT MAINTENANCE MAINTENANCE AGREEMENT-PUBLIC WORKS BLDG MAINTENANCE AGREEMENT-SENIOR CENTER DUES-BUILDING INSPECTIONS DEPT -ROOM RENTAL-COMMUNITY BAND/EXPENSES- HISTORICAL & CULTURAL COMMISSION OFFICE SUPPLIES-POLICE DEPT PRINTING-SOLID WASTE MANAGEMENT -MAINTENANCE AGREEMENT/TONER-CITY HALL/ POLICE DEPT BACKHOE RENTAL-DRAINAGE CONTROL BASKETBALL OFFICIAL/FEES PAID -OFFICE SUPPLIES-CITY HALL/2 TYPEWRITER STANDS-$390.00-FIRE DEPT AEROBICS INSTRUCTOR/FEES PAID APPRAISAL FEE-WALLACE RD JUNE 89 EXPENSES/DUES-ADMINISTRATION -MOWING-STREET MAINTENANCE/SOD & GRADING- PARK MAINTENANCE SOFTBALL'OFFICIAL/FEES PAID TRAFFIC SIGNAL REPAIR-TRAFFIC CONTROL SOFTBALL OFFICIAL/FEES PAID SERVICE-CUMMINS GRILL HOMESTEAD -JUNE 89 EXPENSES/DUES-PARKS RECREATION & NATURAL RESOURCES DEPT VIDEO TAPE-SEWER DEPT SHRUBS-STARING LAKE PARK GRASS SEED-PARK MAINTENANCE EXPENSES/MILEAGE-FIRE DEPT MAY 89 LEGAL SERVICE-FLYING CLOUD LANDFILL WORKERS COMPENSATION INSURANCE MATS-LIQUOR STORE FOOTBALL CLINIC-SPECIAL EVENTS EXPENSES-POLICE DEPT SOFTBALL OFFICIAL/FEES PAID 260.25 440.00 477.00 390.00 1761.53 1090.00 15.00 478.00 62.75 4.40 23.18 5890.00 35.84 7315.64 170.00 1002.16 102.50 603.10 130.00 75.00 10.00 60.00 158.85 366.89 563.79 380.00 120.00 614.00 40.00 1200.00 205.03 1043.75 60.00 64.50 160.00 125.00 335.00 170.00 161.00 50.00 92.12 5647.23 41722.00 39.60 1690.00 13.64 165.00 289.84 52055 LOFTNESS SPECIALIZED FARM EOUIPME -AUGER REPAIR/BLOWER CHAIN/SPROCKET/FAN REPAIR-PARK MAINTENANCE 89359 JULY 11,1989 52056 DYLAN LOHONEN WALLEYBALL OFFICIAL/FEES PAID 7057 LONG LAKE FORD TRACTOR INC POINTS/LEVER-EQUIPMENT MAINT/PARK MAINT zO58 LOUISVILLE LANDFILL INC -MAY Gq WASTE DISPOSAL-WATER DEPT/STREET MAINTENANCE 52059 MACQUEEN EQUIPMENT INC -FORKS/SHAFTS/OIL SEAL/GASKET/SPRING/ ROLLER BEARING-EQUIPMENT MAINTENANCE 52060 JAMES MATSON CANINE SUPPLIES-POLICE DEPT 52061 MATT'S AUTO SERVICE INC TOWING-EQUIPMENT MAINTENANCE 52062 MBA DESKTOP PUBLISHING PLUS -PRINTING-JULY 4TH CELEBRATION/RUSSIAN -SOCCER PROCLAMATION/SUNDAY VARIETY IN THE -PARK/CONCERTS IN THE PARK-HISTORICAL & CULTURAL COMMISSION 52063 MC FARLANES INC CEMENT-PARK MAINTENANCE 52064 MCGLYNN BAKERIES INC -EXPENSES-CITY HALL/POLICE DEPT/FORESTRY DEPT/SENIOR CENTER 52065 MCGRAW HILL PUBLISHING COMPANY BOOK-PARK PLANNING DEPT 52066 MEDICINE LAKE LINES BUS SERVICE-COMO ZOO-KIDS KORNER 52067 MENARDS SUPPLIES-ROUND LAKE MARINA 52068 MIKE MERRIMAN SOFTBALL OFFICIAL/FEES PAID 52069 METRO ALARM INC -380 QUARTER 89 SECURITY MAINTENANCE AGREEMENT-PUBLIC WORKS BUILDING 52070 METRO PRINTING INC OFFICE SUPPLIES-POLICE DEPT/FIRE DEPT 52071 METROPOLITAN WASTE CONTROL COMMIS MAY 89 SAC CHARGES 52072 DAVID G MEYER GOLF INSTRUCTOR/PEES PAID 52073 MID CENTRAL INC -5 WHEEL BLOCK SETS/SUCTION STRAINER/ CLOSET HOOKS-FIRE DEPT F2074 MID CO SECURITY SYSTEMS INC -PHOTO ID EQUIPMENT I, CARD PROCESSING-FIRE DEPT ,2075 MIDLAND EQUIPMENT CO PAINT-PARK MAINTENANCE 52076 MIDWEST ASPHALT CORP SEALCOATING/BLACKTOP-STREET MAINTENANCE 52077 MPLS AREA ASSN OF REALTORS SUBSCRIPTION-ASSESSING DEPT 52078 MN CONWAY FIRE & SAFETY COUPLINGS-FIRE DEPT 52079 MN POLICE & PEACE OFFICERS ASSN DUES-POLICE DEPT 52080 MN RECREATION & PARK ASSN INC -SOFTBALL TOURNEY SANCTION-ORGANIZED ATHLETICS 52081 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORES 52082 MINNETONKA COMMUNITY SERVICES SERVICE 52083 MINUTEMAN PRESS -OFFICE SUPPLIES-FIRE DEPT/PRINTING-JULY -4TH CELEBRATION/HISTORICAL & CULTURAL COMMISSION , 52084 W M MONTGOMERY & ASSN -MAY 89 RADIO ENGINEERING SERVICE-POLICE DEPT 52085 MOTOROLA INC RADIO REPAIR-FIRE DEPT 52086 MR SIGN SQUAD CAR SET UP-POLICE DEPT 52087 MTI DISTRIBUTING CO -FRICTION WHEEL/STABLIZER ASSEMBLY/SPACER- EQUIPMENT MAINTENANCE/PARK MAINTENANCE 52088 GREGORY J MUELLER SOFTBALL OFFICIAL/FEES PAID 52089 WM MUELLER & SONS INC GRAVEL-PARK MAINTENANCE 52090 NAIL ASSN OF POLICE PLANNERS DUES-POLICE DEPT 52091 NATIONAL CAMERA EXCHANGE -FLASH/CAMERA-POLICE DEPT/OUTDOOR CENTER- STARING LAKE PARK 52092 NATIONAL SCREENPRINT 48 POLO SHIRTS-AFTERNOON PLAYGROUND 193 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-HUMAN RESOURCES J94 NORTH KILBRIDE OPTICIANS SAFETY GLASSES-FIRE DEPT 52095 NORTHLAND ELECTRIC SUPPLY COMPANY 25 ELECTRICAL CONNECTIONS-FIRE DEPT 24.00 88.52 190.80 1676.94 30.73 136.00 266.75 114.00 448.22 20.51 79.00 17.63 15,00 78.00 353.00 84249.00 195.75 1233.50 2201.62 235.00 1543.48 125.61 469.00 45.00 35.00 814.40 100.00 2126.30 240.00 251.18 200.00 107.59 135.00 63.70 20.00 84.95 670.11 200.00 60.00 450.21 9939550 JULY 11,1989 52096 OCHS BRICK & TILE CO CEMENT-SEWER DEPT -7097 OFFICE PRODUCTS OF MN INC TYPEWRITER REPAIR-FINANCE DEPT 2098 PAPER WAREHOUSE -MASKING TAPE/PAPER CUPS/STREAMERS/PAPER TOWELS-AFTERNOON ADVENTURE 5209q PEPSI COLA COMPANY POP-SOCIAL EVENTS 52100 PERSONNEL POOL SERVICE-PLANNING DEPT 52101 TOM PETERSON SOFTBALL OFFICIAL/FEES PAID 52102 PITNEY BOWES INC -3RD QUARTER 89 POSTAGE METER RENTAL- -POLICE DEPT/3RD QUARTER 89 MAINTENANCE AGREEMENT/CARBON ROLLER-COMMUNITY CENTER 52103 POMMER COMPANY INC TROPHIES-ORGANIZED ATHLETICS 52104 POSTIVE CONTROL SYSTEMS PHONE LINE MONITOR-POLICE FORFEITURE-DRUGS 52105 POWER PRODUCTIONS CASSETTE TAPE-FITNESS CENTER 52106 PRAIRIE ELECTRIC COMPANY INC -REPLACE FAN MOTOR/SWITCHES-PUBLIC WORKS BUILDING 52107 PRAIRIE HARDWARE -CAULKING/SCREWS/PAINT/LOCK SET/COUPLER/ -BOLTS/DRILL BIT/ANCHORS/WASHERS/PAINT -BRUSHES/FILTERS/CEMENT PATCH/ICE CHIPPERS/ NAILS/MASKING TAPE/DETERGENT-COMMUNITY CTR 52108 PRAIRIE LAWN & GARDEN WHEELS/BATTERY-WATER DEPT 52109 THOMAS PRENDERGAST SOFTBALL OFFICIAL/FEES PAID 52110 J A PRICE AGENCY INC LIABILITY INSURANCE-CITY HALL 52111 RESCUE ONE HYDRAULIC OIL-FIRE DEPT 52112 RICHARDS ASFRAL7 COMPANY ASPHALT-STREET hAINTENANLE 52113 CITY OF RICHFIELD -2ND QUARTER 89 DISPATCH SERVICE-POLICE DEPT 92114 RINGDAHL & CO INC 2 IMMOBILIZERS-RILEY LAKE BEACH 115 ROAD MACHINERY & SUPPLIES CO ADAPTERS/DRUMS-EQUIPMENT MAINTENANCE 2116 ROAD RESCUE INC FIRST AID RESCUE EQUIPMENT-FIRE DEPT 52117 ROGER'S SERVICE CO REPAIR STARTER-EQUIPMENT MAINTENANCE 52118 ROL DRI SOUEEGES-SPRING SKILL DEVELOPMENT 52119 RYANS RUBBER STAMPS RUBBER STAMP-FINANCE DEPT 52120 S & S ARTS & CRAFTS TOYS-AFTERNOON ADVENTURE 52121 SALLY DISTRIBUTORS INC KITES-SPECIAL EVENTS 52122 JOHN SANS EXPENSESYMILEAGE-ASSESSING DEPT 52123 SAVOIE SUPPLY CO INC BELT/BRUSH INSERTS-FACILITIES DEPT 52124 CHUCK SCHAITBERGER EXPENSES/MILEAGE-FIRE DEPT 52125 RICHARD SCHUETTE EXPENSES-HISTORICAL & CULTURAL COMMISSION 52126 SEARS DRILL BIT-SEWER DEPT/ROLLER-PARK MAINT 52127 SELECT SERVICE & SUPPLY CO INC FLOOR HOCKEY SET-AFTERNOON PLAYGROUND 52128 CINDY SEVERTSON VOLLEYBALL OFFICIAL/FEES PAID 52129 SHAKOPEE FORD INC -ADAPTOR/SEALS/SWITCH/REPLACE DRIVE SHAFT/ VEHICLE REPAIR-EQUIPMENT MAINTENANCE 52130 J L SH1ELY COMPANY GRAVEL-STREET MAINTENANCE 57131 STEVEN R SINELL JUNE 89 EXPENSES-ASSESSING DEPT 52132 MICHAEL SKARP LIFEGUARD INSTRUCTOR/FEES PAID 52133 SNAP ON TOOLS CORP -RATCHET WRENCH/WRENCHES/ADAPTOR/STRIPPER- EQUIPMENT MAINTENANCE 52134 SNYDER DRUG STORES INC BATTERIES-RILEY LAKE BEACH 57135 THOMAS SOPCZYK EXPENSES/MILEAGE-HUMAN RESOURCES 52136 SOUTHWEST SUBURBAN CABLE COMMISSI SERVICE-CABLE TV 52137 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-COMMUNITY CENTER "138 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/HAPPENINGS- COMMUNITY CENTER L2139 SPORTS WORLD USA ICE PACKS/VOLLEYBALLS-ORGANIZED ATHLETICS 67.50 86.00 57.88 72.50 598.00 225.00 838.43 131.04 3470.00 36.95 436.45 564.91 119.02 30.00 1780.00 100.00 412.50 19910.91 161.12 71.54 1718.21 327.26 98.89 11.50 80.59 11.40 96.91 9.33 130.42 23.26 24.07 88.70 54.00 597.71 504.31 270.49 141.75 327.25 32.49 11.00 3250.00 18.48 3782.67 145.95 4092639 JULY 11.1989 52140 STANDARD SPRING CO -WHEEL ALIGNMENT & BALANCING/BOLTS/NUTS/ SPACERS-FIRE DEPT .141 STATE TREASURER MAY 89 BUILDING SURCHARGES 52142 STATE TREASURER STATE OF MINNESOT LICENSE FEE-SEWER DEPT 52143 STATE TREASURER STATE OF MINNESOT LICENSE FEE-WATER DEPT 52144 STREICHERS PROFESSIONAL POLICE E0 -2 BODYGUARD PARTITIONS/HEADLIGHT FLASHERS/ SPEAKER REPAIRS-POLICE DEPT/FIRE DEPT 52145 R STUART CO INC -REMOTE WINDOW OPENER/TRANSMITTER HOLDER- POLICE DEPT 52146 NATALIE SWAGGERT JUNE 89 EXPENSES-HUMAN RESOURCES 52147 TARGET STORES -OFFICE SUPPLIES/KITCHEN CLOCK/SKI VEST/ -BATTERY/DOCUMENT FRAMES-HISTORICAL & CULTURAL COMMISSION/ROUND LAKE MARINA 52148 TECHNIFLOW CORPORATION PIPELINE TELEVISING-SEWER DEPT 52144 TENNANT COMPANY SKIRT REPLACEMENT KIT-PARK MAINTENANCE 52150 TEXGAS VALVE REPAIR KIT-EQUIPMENT MAINTENANCE 52151 TJ'S OF EDEN PRAIRIE EXPENSES-CITY HALL/FIRE DEPT 52152 TOWN & COUNTRY DODGE -PUMP/VALVE/GASKET/HOSE/TUBE-EQUIPMENT MAINIENANLE 52153 VAL TRADER AEROBICS INSTRUCTOR/FEES PAID 52154 TRIARCO ARTS & CRAFTS INC -COLORED MARKERS/GLUE/CHALK/SCISSORS- AFTERNOON PLAYGROUND/PRESCHOOL PLAYGROUND 52155 TWIN CITY OXYGEN CO -OXYGEN/ACETYLENE-EQUIPMENT MAINT/PARK MAINTENANCE 52156 TWIN CITY TESTING SERVICE-COMMUNITY CENTER REPAIR 52157 UNITED BUYING SERVICES INC BOOK-FIRE DEPT 158 THE UPHOLSTERY SHOP -INTERIOR WORK ON SURVEILLANCE VAN-POLICE FORFEITURE-DRUGS -15q VAN 0 LITE INC CHARGER-EQUIPMENT MAINTENANCE 52160 vICOM INC -JUNE 89 WIRE MAINTENANCE & WIRE REPAIRS- COMMUNITY CENTER 52161 VOSS ELECTRIC SUPPLY COMPANY LIGHT BULBS-FACILITIES DEPT 52162 WALOOR PUMP F EQUIP CO LIFT STATION REPAIR-SEWER DEPT 52167 KEITH WALL JUNE 89 EXPENSES-POLICE DEPT 52164 WATER PRODUCTS CO -6 1" 1000 GAL METERS-$800.28112 METER -CONNECTIONS/20 MEASURING CHAMBER -COUPLINGS-$480.00/CUTTER WHEEL/METER -GASKET/SUPPORT GASKET/WRENCH-WATER DEPT/ BUILDING DEPT/SEWER DEPT 52165 WATSON FORSBERG CO SERVICE-COMMUNITY CENTER REPAIR 52166 PAUL WELIN SOFTBALL OFFICIAL/FEES PAID 52167 MARY WHEATON TENNIS INSTRUCTOR/FEES PAID 52168 DAVE WHITEFORD SOFTBALL INSTRUCTOR/FEES PAID 52159 WILSON TANNER GRAPHICS -OFFICE SUPPLIES-CITY HALL/BUSINESS CARDS- -$355,0-POLICE DEPT/PARK MAPS-$699.00- -PARK PLANNING/PUBLICITY-$1947.00-SOLID WASTE MANAGEMENT 52170 TOM WILSON EXPENSES/MILEAGE-FIRE DEPT 52171 THE WORK CONNECTION SERVICE-STREET DEPT 52172 ZACK'S INC RAKES/SCOOP SHOVELS-STREET MAINTENANCE 5217: ZEE MEDICAL SERVICE -FIRST AID SUPPLIES-CITY HALL/AFTERNOON -PLAYGROUND-RILEY LAKE BEACH/ROUND LAKE BEACH .74 ZEP MANUFACTURING COMPANY -CLEANING SUPPLIES-FACILITIES DEPT/ EQUIPMENT MAINTENANCE 3808578 390.00 4928.77 15.00 15.00 898.37 683.00 200.00 128.02 297.00 92.50 18.97 133.52 205.40 150.00 220.30 74.03 67.00 20.80 676.25 86 134.50 115.71 85.60 212.00 2174.76 16279.00 120.00 168.00 555.00 3108.00 116.75 4599.00 176.74 199.15 745.74 JULY 11,1989 52175 176 _177 .1270 51300 53386 Z1EBART OF MINNESOTA INC ZIEGLER INC KAY ZUCCARO VOID OUT CHECK VOID OUT CHECK RUSTPROOFING-EQUIPMENT MAINTENANCE REPAIR TACHOMETER-SEWER DEPT AQUA AEROBICS INSTRUCTOR/FEES PAID 255.00 254.91 135.00 89.1°- 21.95- $621112.91 DISTRIBUTION BY FUNDS 770597.62 6540.52 58091.54 41880.67 477.0u 4566.25 672.32 37792.94 725.00 2152.71 440.00 46678.73 86022.56 5755.05 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 20 CEMETERY OPERATIONS 21 POLICE DRUG FORFEITURE 22 STATE AID CONST 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 39 86 FIRE STATION CONST 45 UTILITY DEBT FD ARB 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND $621112.91 MEMORANDUM TO; Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources DATE: July 6, 1989 SUBJECT: Ordinance Prohibiting Parking or Leaving a Motor Vehicle in a City Park After Hours Earlier this year, the City Council authorized staff to prepare an amendment to the City Code, Chapter 9, Section 9.04, Subdivision 4.K that would prohibit parking or leaving a motor vehicle in a City park when the park is closed. Attached is a copy of Ordinance 89-22, which will address the problem of individuals that leave cars or boats unattended in parks over night. This amendment would make such a practice a misdemeanor. BL:mdd ORDINANCE NO. 89- ) AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9, SECTION 9.04, SUED. 4.K. TO PROHIBIT PARKING OR LEAVING A MOTOR VEHICLE IN A CITY PARK WHEN THE PARK IS CLOSED, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9, Section 9.04, Subd. 4.K. shall be and is amended to read as follows: "Subd. 4. It is a petty misdemeanor for any person in a park to: K. Park or leave a motor vehicle with or without a boat trailer in other than an established or designated parking area; park an unattended boat trailer in any parking space; park or leave a motor vehicle in a parking area when the park is closed; or violate posted directions or instructions of any park attendant at a designated parking area." Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation A Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication., FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-147 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 52-155 - C.S.A.H. fl BY-PASS/TURN LANE bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to MIDWEST ASPHALT, INC. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with MIDWEST ASPHALT, INC. in the name of the City of Eden Prairie in the amount of $52,654.30 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council,on JULY 11, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk -MEMORANDUM- TO: Mayor and City Coun FROM: Eugene A. Dietz DATE: July 6, 1989 RE: CSAH #1 BY-PASS/TURN LANE I.C. 52-155 On June 29, 1989, bids were opened for the above captioned project and are tabulated as shown below: Midwest Asphalt $52,654.30 Stenger Excavating $62,461.00 Hardrives, Inc. $63,639.10 Alber Construction Co. $69,769.00 The feasiblity study for this project estimated the construction cost to be $59,000.00 and the low bid from Midwest Asphalt is approximately 10% lower. Midwest Asphalt is a competent contractor in performing the contemplated work. It is recommended that Midwest Asphalt be awarded the contract for the proposed work on CSAH #1 at the entrance to the new Cedar Ridge Elementary School in the amount of $52,654.30. EAD:ssa July 6, 1989 TO: CARL JULLIE THROUGH: KEITH WALL FROM: JAMES CLARK SUBJECT: FIREARMS CODE REVISIONS Last September, the City Council revised the hunting areas as defined in City Code 9.40. This was in response to city growth forcing the closure of hunting areas. At that meeting, it was clear that the council felt the hunting areas should be evaluated with the future in mind. It should be noted that public feedback to the publicity surrounding the last revision was limited to 15 calls - 13 asked if they could hunt, 2 were upset that they could not hunt in areas that they previously hunted. The current code has been revised numerous times and there are also council resolutions that apply to hunting. As we revise it, it may be appropriate to "clean up" the entire code. At this time, we would recommend the following revisions: - Discharge of firearms be limited to the Minnesota River Valley south of HIghway 169 and south of Riverview Road with the following exceptions: - 1. "lawful defense of person, property or family or in the necessary defense of enforcement of laws. - 2. By police officer in normal course of duty including but not limited to training. - 3. By council approval when in the best interests of public safety for wildlife management purposes, i.e., currently M.A.C. shoots birds to minimize risks to aircraft. - 4. At approved archery ranges where only target tipped arrows are used. Council may also want to include language that allows them to issue blanket permits in the hunting area. The U. S. Fish & Wildlife Service (Terry Shriner) tells us that approximately 1500 permits are issued in the Bloomington/Burnsville area to control deer population. I can provide additional information regarding the reasons for this hunting if needed. ot- ,,t n J City Council Minutes 12 September 6, 1988 B. Report of City_Manager 1. Item 0 from the Consent Calendar (Firearms Discharge Regulations". Jullie reported that this was an Ordinance change. He said that Staff was asking the Council to formalize further hunting limitations within the City. Harris was concerned that in one or two years these limitations would need to be revised again. She commented that the City of Eden Prairie was filling up and filling in. Harris stated that she would prefer seeing a complete ban on the discharge of firearms in the community. Pidcock concurred with Harris. Bentley stated that the discharge of firearms had been a major issue over the years. He commented that the limits had been restricted further a few years ago. Bentley stated that he had never received a complaint about hunting. Bentley believed that hunting was well-regulated and restricted currently and was not in favor of a complete ban. Pidcock stated that she had been informed that there were properties in the southwest area of the City which had made investments in the promotion of hunting and shooting. Pauly stated that there was a gun club in the Minnesota River valley area. Chief of Police Wall stated that the area which allowed hunting in Eden Prairie had been progressively reduced. He said that there were permitted areas south of Highway 169 that could support hunting for several years. Wall stated that the City had special areas designated which required that a hunter had to be in the presence of the property owner. Wall said that the question was where should the boundaries be placed. He said that the Police Department did not have the personnel to monitor the hunters adequately. Wall said that the area allowed for hunting needed to be moved further south as development of the City progresses. Pidcock stated that because it was so easy for anyone to obtain firearms, she believed more restrictions were needed. Harris asked what would be gained by not restricting the hunting to south of Highway 169 now. Captain Clark stated that there would be upset hunters and there would be an Impact to the farmers who rented their land for hunting purposes. City Council Minutes 13 September 6, 1988 Anderson stated that with a new elementary school going up In the southwest area and a new housing development being approved tonight for that area, restrictions would be necessary in the future. Anderson believed that for this year the Police seemed to have things under control and suggested that a change in the ordinance be made for next year's hunting season. Harris said that she agreed with Anderson, but would suggest when the change was made that the City look at limits that would be acceptable for 5 to 10 years. Bentley was concerned about the wording of the Ordinance; he said that according to the wording he could shoot in the middle of Flying Cloud Airport. Captain Clark replied that this was true and that federal licenses were granted to shoot the birds on the property to prevent accidents. Bentley stated that the wording was confusing. Pauly replied that he believed there was a clear division as worded and that it could be clearly enforced. MOTION: Bentley moved, seconded by Anderson to approve the 1st Reading of Ordinance No. 42-88. Motion carried 4-0-1, with Harris abstaining. Harris stated that she was not against hunting; however, she did not believe that the ordinance was as restrictive as it should be. MOTION: Anderson moved, seconded by Harris that a recommendation from the Police Department be presented to the City Council on hunting in Eden Prairie before July 1, 1989. Motion carried unanimously. 2. Item K from the Consent Calendar (Bauer property Grading Permit Dietz believed that this proposal was a win-win situation for the property owner and for the City. Dietz stated that Mitchell Road was in need of fill material and that a proposal for development of the Bauer property had been submitted along with a grading plan. Dietz stated that the two plans appear to be compatible; however, the Council had not reviewed the proposal for the Bauer project. Dietz stated that a shelf would be created in the hill and he believed that the grading would be necessary at sometime in order to develop the property. Anderson believed that the City had made a statement to the residents that the City wanted to maintain the hills, trees and wetlands. Anderson stated that he was opposed MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig W. Dawson SUBJECT: Process for Considering an Ordinance to Extend Mayoral Term DATE: July 6, 1989 After several months of study, the Mayoral Term Study Committee presented a report to the City Council on June 6, 1989. In their report, Committee members recommended that an ordinance be adopted this year to change the mayoral term of service from two to four years. As their recommendations were drawn from internal discussion and a brief survey of other communities, Committee members suggested that Council consider having additional public comment on the proposed four-year term. The Council accepted the report and the Committee's recommendations on a 4-0 vote (with Mayor Peterson absent during Council discussion). Consideration of an ordinance to change the mayoral term does not require a formal public hearing. It may be handled as any other ordinance not related to land use which amends the City Code. Given the significance of this matter, Council may wish to have public comment periods during the meetings at which the first and second reading of the proposed ordinance occurs. Committee members recommended that publicity regarding consideration of this proposal be done in a usual manner with the media. Local newspapers would be asked to announce the issue and meeting dates. A notice would be placed on the cable television community bulletin board. These methods have provided optimal public notification of other matters of special significance which have been considered by the Council. Recommendation: An ordinance can be prepared for Council consideration on August 1, 1989. It is recommended that the Council direct preparation of this ordinance for the August 1 meeting, and that local news media be informed of the Council's intent for public discussion at this meeting and the meeting at which the second reading would occur. CWD:CJJ:jdp MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources-14AL_ DATE: July 6, 1989 SUBJECT: Snowmobiling in Eden Prairie Attached is a memo from Stuart A. Fox, Manager of Parks and Recreation, regarding snowmobiling in Eden Prairie, as well as minutes of the Parks, Recreation and Natural Resources Commission from their June 19, 1989 meeting. In January of 1989, the City Council directed the Parks, Recreation and Natural Resources Department staff to work with the Police Department on evaluating complaints regarding snowmobiles and other off road vehicles in Eden Prairie, and to report to the City Council during mid summer. Stuart Fox, Manager of Parks and Natural Resources, worked with Jim Clark, Police Department, reviewing complaints from citizens during the last year on snowmobiles, and reviewed problems other cities in the area are having regarding snowmobiles, and actions they are taking to control these problems. The majority of the complaints relate to snowmobiles "going to and from trails" on City streets, and to snowmobiles, or other off-road vehicles, in City parks. At the June 19, 1989 meeting, the Commission members discussed problems and alternatives to correcting those problems with members of the Snowdrifters Snowmobile Club. The action recommended by the Parks, Recreation and Natural Resources Commission was to eliminate all snowmobiling north of Highway 5, west of County Road 4, and north of County Road 1, west of Flying Cloud Airport, and prohibit snowmobiling east of Flying Cloud Airport. Within the southwest area, where snowmobiling would still be allowed, snowmobiling would be restricted to private property with the property owner's per- mission and restricted to the public trail. Snowmobiling would not be allowed in City right-of-ways going to and from the trail. The Commission further recommended that the City maintain the parking area for the riding arena free of snow during the winter, so it can be used as a trail head for people that are trailering their snowmobiles to the trail. Snowmobiling would be allowed on the lakes within the southwest area, which would include: Mitchell Lake, Rice Marsh Lake and Riley Lake. Members of the Snowmobile Club indicated they realized that development was occurring in the southwest area and did not expect they would be able to maintain a trail north of County Road 1, west of County Road 4 more than two more years. If the city council decides to approve this recommendation, the key to this revision in the law is 1) enforcement and 2) public education. ENFORCEMENT: The Parks, Recreation and Natural Resources staff would recommend additional funding for a park ranger program that would allow the Police Department to hire a person on a part-time basis that would be able to patrol city parks, lakes, etc, to inform people that the City is serious about this ordinance. Additional funding for this position will be included in the 1990 budget. PUBLIC EDUCATION: Public education must take many forms in order to let people know there is a major change in what is off limits in Eden Prairie. 1. SIGNAGE - The City will have to invest in a considerable number of signs at the access to lakes and parks where people have been able to snowmobile in the past. 2. NEWS RELEASES - Maps showing the new restricted areas within the City should be published in both the Sailor and the Eden Prairie News with the revisions to the existing ordinance regulating snowmobiles and other off road vehicles. 3. INFORMATION FLYERS: The City should work cooperatively with the Snowdrifters Club requesting they send a mailing, informing all registered snowmobilers within Eden Prairie and adjacent communities on the revisions to the City ordinance relating to snowmobiles. These information flyers should be also be available at the Police Department, City Hall and the Community Center. Recognizing the fact that snowmobiling will eventually have to be phased out of all fully developed areas within the City, the Parks, Recreation and Natural Resources Department staff believe that the City should attempt to retain this form of public recreation as long as possible. After reviewing the four typewritten pages of complaints from the Police Department during last winter, only three complaints were registered south of County Road 1. The major step of eliminating all snowmobiling north of County Road 1, east of County Road 4 and north of Highway 5, west of County Road 4 should severely restrict the number of complaints, and the change in the law that does not allow people to go "to and from a public trail" along a public right-of-way will also severely restrict the amount of "legal" snowmobiling in Eden Prairie. It will be much easier for the Police Department to enforce a law against snow- mobiling in approximately three fourths of the City if they don't have to determine if someone is going to or from a trail. Snow- mobiling will be simply off limits, and if they are riding a snowmobile in that part of the community they are guilty of breaking the law. ATV'S AND OFF ROAD MOTORCYCLES: The Police Department has also indicated a concern about the use of ATV's and motorcycles, and is recommending limiting the use of ATV's and off road motorcycles where snowmobiling would be allowed. ATV's and off road motorcycles are not allowed on any snowmobile trails and would still be restricted to use on private property with the property owner's permission within that area of the City still open to snowmobiles. This would make it illegal to use motorcycles or ATV's on any lakes in the north and eastern part of the City, which include Round Lake, Duck Lake, Birch Island Lake, Bryant Lake, Anderson Lakes, Neil Lake, Eden Lake, and Staring Lake. Staff will be in attendance at the July 11th meeting to discuss this recommendation. BL:mdd MEMORANDUM TO: Parks, Recreation and Natural Resources Commission THRU: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Stuart A. Fox, Manager of Parks and Natural Resources DATE: June 12, 1989 SUBJECT: Snowmobiling in Eden Prairie BACKGROUND: Snowmobiling in Eden Prairie has been a winter sport that h a s b e e n enjoyed by many people over the last ten to fifteen y e a r s . However, as land development has taken place there have b e c o m e fewer and fewer areas of open land for snowmobilers to enj o y a n d explore. The City Council has passed a number of resolutio n s a n d ordinances that were meant to define and regulate areas des i g n a t e d for snowmobile usage within the City. At this same tim e , t h e Snowdrifters Snowmobile Club has been very active in developi n g a n d maintaining snowmobile trails within the City limits. In add i t i o n , the Snowdrifters Club has handled education and training inv o l v i n g youth in proper operation and handling of a snowmobi l e i n conjunction with the requirements set forth by State statu t e , a s well as City ordinance regarding the operation of a snowmob i l e b y a minor. During the mid 70's a person living in Eden Prairie was a b l e t o access the snowmobile trail in several areas of the city no r t h o f Highway 5. However, since the building of the high school, a s w e l l as development of several parklands, this northerly portion o f t h e trail system has been eliminated. Today the only snowmobile t r a i l exists in the area south of Highway 5 starting at the parkin g l o t of the American Legion and running westerly through Miller P a r k across a portion of Mitchell Lake and westerly to Rice Marsh L a k e , where it connects with the Southwest Trail system going th r o u g h Chanhassen. The second portion of this same trail system pro c e e d s from the American Legion parking lot and goes sou t h a n d southeasterly to Red Rock Lake, crossing the lake and eve n t u a l l y crossing Pioneer Trail and going south between Spring Road a n d E d e n Prairie Road winding through the bluff area, crossing H i g h w a y 169/212 and eventually going into the Minnesota River bottom s a r e a . This same trail eventually connects to the Minnesota Valle y S t a t e trail in Chaska and at that point a snowmobiler could go t h r o u g h Skell County down to Murphy Henry Park Reserve. CURRENT STATUS: At the present time, snowmobiling is permitted in the city b a s e d on the rules and regulations that are attached to this me m o . I n addition, the staff would like to highlight Resolution No. 8 2 - 1 6 which basically gives snowmobilers the ability to utilize Birch Island Park, as well as the frozen waters of seven public bodies of water within the City limits. OBSERVATIONS AND CONCERNS: The staff has discussed the present regulations with the Police Department, as well as within our own department. There were several areas that were mentioned numerous times regarding confusion, or violation of snowmobile rules which seem to occur over and over again. The first of these is the operation of snowmobiles on parkland and bike trail hikeway connections throughout the City. This is prohibited and continues to be a source of complaints for both our department as well as the Police Department. The second problem area centers around snowmobiling on private property without permission of the property owner. Since snowmobiles are so mobile, it has been difficult for the Police Department to either talk to or to issue citations for violations of this portion of the ordinance. The third area of concern centers around the ability of a snowmobile operator to utilize City streets for direct travel to or from a snowmobile area, also defined as snowmobile trail by the shortest route and at a speed not exceeding 10 miles per hour. According to the Police Department, snowmobile operation in residential areas travelling back and forth on City streets constitutes the greatest number of complaints. The last area of concern is regarding the operation of a snowmobile on specific bodies of frozen water; namely, the seven listed on Resolution No. 82-16, which includes Staring Lake, Birch Island Lake, Bryant Lake, Mitchell Lake, Riley Lake, Red Rock Lake, and Rice Marsh Lake. At the present time, our concern revolves around snowmobiling on Staring Lake and having a number of snowmobiles leave the lake surface and travel trough the parkland on both the bike trail hikeway system, the sliding hill, and other areas including the picnic grounds. Also, at Red Rock Lake with the recent development that is occurring on the easterly shores, as well as proposed development on the northwesterly corner, the question has been raised whether or not this lake should be utilized for snowmobiling. ALTERNATIVES AND RECOMMENDATIONS TO PRESENT ORDINANCE: The staff has contacted a number of surrounding communities to ascertain what their regulations are in regards to snowmobiling, as well all terrain vehicles (ATV). The conversations with the various administrative offices and Police Departments found that these communities have similar ordinances regulating snowmobile usage. (See attached summary of snowmobile ordinances.) The one thing that should be noted which is not indicated on this summary is that the majority of these cities are also in the process of evaluating their current ordinance and making recommendations to limit the usage of snowmobiles in several areas; namely, snowmobiling on streets to get to trail system heads; prohibiting snowmobiles from travelling on public waters, except where a trail system is involved, and regulating the usage of snowmobiles on private property. The staff realized the past efforts of the Snowdrifters Snowmobile Club in education, as well as trail alignments throughout the City. The Club has also been very disappointed and disheartened by the number of violations that continue to plague the City in terms of snowmobile violations and feel that these violators are giving snowmobilers a bad name within the City. The staff has contacted the Snowdrifters Snowmobile Club and informed them of the options and alternatives that are being proposed in regards to changing the current Snowmobile Ordinance. The staff would recommend that the Parks, Recreation and Natural Resources Commission and City Council make some changes to the current ordinance related to the operation of snowmobiles and all terrain vehicles, and propose the following alternatives: 1. Limit snowmobiling within the City exclusively to signed trails only. This would mean a couple of things; the first that there would be no snowmobiling on private property any place in the City and also the second thing is that this would eliminate snowmobiling on frozen bodies of water unless a trail utilized that lake as a portion of its trail system. Also, in conjunc- tion with this the trail system would have to have a designated parking area that would be of sufficient size to permit the parking of vehicles with snowmobile trailers attached. 2. Snowmobiling on City streets would be prohibited, except in the case of emergency. This would eliminate the nuisance calls in neighborhoods where people continue to drive back and forth on the streets and bike trails and sidewalks. 3. Eliminate snowmobiling on all public bodies of water, as well as ATV usage on these lakes. As mentioned in number one, the only exception to this would be where a designated marked trail system uses that particular body of water as a portion of its trail system. 4. Limit snowmobile trails to that portion of the City south of County Road 1 (Pioneer Trail). This alternative is something that may have to be considered in the future as more and more of the City becomes developed, in particular the southwest area of the City boundaried by Pioneer Trail, Eden Prairie Road and State Highway 5. SAF:mdd DNR Grant-in-aid Funded Trails By Snowdrifters Snowmobile Club *** SPECIAL NOTE *** smovzzILINc Ts NOT ALLOWED ON ROUND LAKE, ANDERSON LAKE, DUCK LAKE, AND BR2.9L--A"E. NO SMOWMOBILING ALLOWED FROM 11P.M. TO 7A.M. SEE SNOWMOBILING LAWS ON BACK OF MAP THE 88-89 SEASON COUD SPELL THE END OF SNOWMOBILING IN EDEN PRAIRIE.THE PRIVILEGE OF OPERATING A SNOWMOBILE IN THE CITY RELIES ON THE OBSERVANCE OF RULES AND REGULATIONS BY YOU THE OPERATORS. KEEP SNOWMOBILING ALIVE OBEY THE LAW GENERAL RULES FOR OPERATION OF SNOWMOBILES IN EDEN PRAIRIE 1. Snowmobiles cannot be operated on roadways, shoulders, or inside bank of trunk, county state aid, or county highways and never can be operated within right of way of inter- state highways or freeways. 2. A snowmobile may be operated on city streets but only for direct travel from person's home to closest snowmobile area by shortest route and not in excess of 10 m.p.h. 'V When crossing roadways, snowmobiles must; come to complete stop prior, crossing must be made at approximately 90 degree angle to roadway, yield right of way to oncoming traffic, have both front and rear lights on in time of darkness or reduced visibility. 4. Snowmobiles cannot be operated on sidewalks or walkways. 5. Snowmobiles cannot be operated on private property without consent of owner. 6. Snowmobiles cannot be operated on any publicly owned lands (school grounds, parks, etc.) and frozen waters except where authorized (see map). 7. Snowmobiles cannot be operated during hours from 11:00 p.m. - 7:00 a.m. except as means of transport to operators residence at a reduced speed. 8. It is unlawful for any person under 14 y.o.a. to operate snowmobiles on streets, highways, public lands, frozen waters, or make a crossing of street or highway unless accompanied by parent or guardian. 9. A person 14 y.o.a. or older but less than 18 y.o.a. may operate snowmobiles on streets, highways, public lands, frozen waters, and cross streets or highways if person has, in possession, a valid snowmobile safety certificate. 10. When left unattended, snowmobile's ignition shall be locked and key removed. II. Snowmobiles cannot be operated while under the influence of alcohol or drugs. 12 ( ;nowmobile operators shall stop upon receiving a visual or audible signal from any law enforcement officers. 13. Three wheel all-terrain vehicles are prohibited from using authorized state aided Eden Prairie Snowmobile trails and from operation on City streets unless operated and licensed as other motorized vehicles on roadways. 7 2 a f in 100i of ['Wiling it a 5 3 7f. 3 § §§ UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. 8, NATURAL RESOURCES COMM. June 19, 1989 -2- Breitenstein said she feels letters of this type should be made available to the public, perhaps thru the local newspaper. Lambert said he did not feel that the public would read this much information. Lambert added that Bud Baker had called and suggested that the mayor place an information column in the newspaper addressing particular issues and providing answers to them. Lambert will discuss this possibility with the mayor. V. DEVELOPMENT PROPOSALS None VI. OLD BUSINESS A. Snowmobile Trails in Eden Prairie Refer to memo dated June 12, 1989 from Stu Fox, Manager of Parks, Recreation and Natural Resources. Last winter the City Council directed staff to work with the Public Safety Department and bring back ideas and suggestions about snowmobiling and what should be done about it. Stu Fox and the Public Safety Department did a survey of surrounding communities and are offering suggestions for changes to the present ordinance. The suggestion which would have the gre.atest impact would be prohibiting snowmobiling to and from City trails. This would mean no snowmobiling would be allowed north of County Road 1, to or from the trails, or on public bodies of water on the lakes named. This would also include ATV usage. Staff has worked closely with the Eden Prairie Snowdrifters Club who have cooperated with the City and also become angry when the ordinance is disobeyed by other snowmobilers. Richard asked if these changes would eliminate snowmobiling across Staring Lake. Lambert said that although it would be illegal to snowmobile on Staring Lake, there would still be problems for several years until people were made aware of the change, but signs would be put up to make snowmobilers aware. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. June 19, 1989 -3- Bill Finny of 16571 W. 78th St. said he has lived west of Mitchell Lake since 1966 and a member of the Eden Prairie Snowdrifters since 1975. There are about 50 families in the club with 150- 200 snowmobiles. He said the club has had good cooperation from City staff in keeping these trails open. He made comments on the following issues: Riding on parkland and bike trail highway connections in the City: After a good snowfall, many snowmobiles which are not even registered are being used. The club would be willing to offer their support in regulating this, perhaps by using larger signs. Riding on private property: There is not much which can be done to control this. Riding on City streets with 10 mph speed limit: Not familiar with complaints of this type. Fox had a listing of all complaints relating to snowmobiles from last winter. Most of the complaints are that snowmobiles are going back and forth, riding across lawns, chasing dogs, etc. Ninny suggested that maybe a list of registered snowmobiles in Eden Prairie could be made available to help with enforcing the ordinance. Ninny added that the club would like to see snowmobiling on City streets kept open if it can be controlled. Regarding snowmobiling on lakes, there are no trails to Birch Island and Bryant Lake. It is understood that there is no snowmobiling allowed on Staring Lake. Mitchell Lake has a trail and Ninny feels it should be kept open. He also sees no reason why snowmobiling should not be allowed on Riley Lake, Red Rock Lake or Rice Marsh Lake. As development occurs in these areas in the next several years, the club understands that these trails will have to be moved to eliminated. He added that the parking lots at both the American Legion in Eden Prairie and the American Legion in Chanhassen can be used to park trailers. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. 8 NATURAL RESOURCES COMM. June 19, 1989 -4- Mikkelson asked how many citations were issued to snowmobilers last winter. Fox said there were no citations issued because snowmobiles are difficult to catch unless the officer also has a snowmobile. Bill Turner, also a member of the Eden Prairie Snowdrifters Club, said that two years ago letters were sent to all registered snowmobilers in Eden Prairie and surrounding communities listing the rules for operating snowmobiles in Eden Prairie. However, there was no snow that winter so there were no problems. Cook said it is evident that snowmohiling will have to be eliminated in Eden Prairie at some point in the future, but at this point if riding on City streets was eliminated and snowmobiles would have to be put on trailers to the trails, it would alleviate a lot of problems. He asked if the location of parking Jots would make a difference. Turner said no. Cook asked if the time when snowmobiling is allowed make a difference. Fox said that the majority of complaints are in the late afternoon so it would not make a significant difference. Richard said he feels that eliminating riding on City streets is necessary. He does not see a problem leaving the trails where they are and suggested that the Eden Prairie Snowdrifters Club bring their suggestions back to the commission on what can be done. Lambert said he feels that restricting snowmobiling areas would make it easier to understand and to enforce. He added that he would like a decision made now that would be effective for several years, rather than discussing the issue every year. Cook asked if it would be feasible to get around Mitchell Lake without going over it and also if persons living on the lake would be allowed to use it for snowmobiling. Lambert said it would be easy to get around Mitchell Lake, but that there hasn't been a concern to date from residents on that lake. L7:10 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. June 19, 1989 -5- MOTION: Cook moved to recommend that snowmobiling be limited to areas south of Highway 5, west of County Road 4 and south of Pioneer Trail west of the airport and only with the landowners permission in those areas with no riding allowed on City streets to and from trails. Mikkelson seconded the motion. On call for discussion, it was decided that the City would maintain a parking lot to be used for unloading snowmobiles in the riding arena parking lot. The motion passed 4-0. B. Ordinance Prohibiting Parking of Vehicles in Parks After Hours, Etc. MOTION: Richard moved to approve the ordinance as written. Joyer seconded the motion and it passed 4-0. VII. NEW BUSINESS None VIII. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Manager of Recreation Services 1. 3 Man Basketball - Summer 1989 2. Racquetball - Summet 1989 These are information items only. 3. Neighborhood Outreach Refer to memo dated June 16, 1989 from Lyndell Frey, Recreation Supervisor. The residents of Windslope Apartment Complex requested a program similar to the City summer playground program. Nesbitt Park is only two blocks away, but the residents of Windslope requested an evening program for their children on a year round basis. They asked if the City would develop this type of program if they would provide funding. Frey did not see a problem with doing this as long as it did not duplicate the program the City was offering.