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HomeMy WebLinkAboutCity Council - 10/17/1989 AGENDA HOUSING & REDEVELOPMENT AUTHORITY TUESDAY, OCTOBER 17, 19B9 7:3D PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive HRA MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas HRA STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig W. Dawson, Finance Director John Frane, City Attorney Roger Pauly, and Recording Secretary Barb Malinski PLEDGE OF ALLEGIANCE ROLL CALL I. CONVENE MEETING II. APPROVAL OF MINUTES OF MEETING HELD TUESDAY, DECEMBER 13& 20, 1988 Page 2941 III. NEW BUSINESS A. HRA Resolution No. 89-02 Amending Property Management Agreement Page 2943 for Prairie Village Apartments IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DCTOBER 17, 1989 IMMEDIATELY FOLLOWING HRA MEETING 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 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 Barb Malinski ROLL CALL I. APPROVAL OF AGENDA AND DTHER ITEMS OF BUSINESS City Council Agenda - 2 - Tues.,October 17, 1989 II. CONSENT CALENDAR A. Clerk's License List Page 2944 B. Proposal for Better Management of Household Hazardous Waste Page 2945 from Waste Management Commission C. Resolution No. 89-219 Authorizing Execution of An Agreement with Page 2946 Hennepin County for Funding Assistance for Solid Waste Recycling Activities D. Round Lake Softball Field Improvements Page 2947 E. STARRING HIGHLANDS by Cliff and Mary Anderson. Approval of Page 2948 Developer's Agreement for Starring Highlands. 2.17 acres into 3 single family lots with a front yard setback variance to be reviewed by the Board of Appeals. Location: Northwest corner of Ridge Road and East Staring Lane F. A TO Z RENTAL AND EDEN PRAIRIE APPLIANCE by Rome Development. 2nd Page 2951 Reading of Ordinance No. 33-89, Zoning District Amendment within the C-Reg-Ser Zoning District on 1.67 acres; Approval of Addendum to A to Z Rental Developer's Agreement; Adoption of Resolution No. 89-228, Authorizing Summary of Ordinance No. 33-89 and Ordering Publication of Said Summary; and Adoption of Resolution No. 89- 229, Site Plan Review. 1.67 acres for construction of a 21,014 square foot commercial facility. Location: South of Valley View Road, west of Plaza Drive. (Ordinance No. 33-89 - Rezoning; Resolution No. 89-228 - Authorizing Summary; Resolution No. 89- 229 - Site Plan Review) G. BLUFFS WEST 8TH by Hustad Development. 2nd Reading of Ordinance Page 2959 No. 36-89, Zoning District Change from R1-22 to R1-13.5; Approval of Developer's Agreement for Bluffs West 8th Addition; and Adoption of Resolution No. 89-227, Authorizing Summary of Ordinance No. 36-89 and Ordering Publication of Said Summary. 2.12 acres into four single family lots. Location: North of Bluestem Road & access off Bennett Place. (Ordinance No. 36-89 - Rezoning; Resolution No. 89-227 - Authorizing Summary) H. Preliminary and Final Plat Approval of Bluffs West Bth Addition (located west of Bennett Place and north of Bluestem Lane Page 2966 Resolution No. 89-221 I. Receive 100% Petition and Authorize Preparation of Plans and Specifications together with an Assessment Agreement for a Detached Page 2968 Frontage Road with Utiliities south of T.H. 5 and east of Dell Roads I_C 3 -1%7 (Resolution No. 89-22� _ — J. Approve Resolution Requesting Early Construction of Detached Frontage Road south of T.H. 5 and East of Dell Road (Resolution No. Page 2973 89-223) K. Approval of Request from Eco Solutions, Inc. Page 2974 L. Receive Petition for Improvements to Dell Road and Scenic Heights Page 2981 Road south of T.H. 5 and west of C.S.A.H. 4I.C.II 52-160 City Council Agenda - 3 - Tues.,0ctober 17, 1989 M. Request py Mr. Peter Jorgensen for a Grading Permit at 16101 Page 2985 Pioneer Trail N. Request from Eden Prairie Foxjets Page 2987 0. Approve Special Assessment Agreement No. 89-10 for Prairie Court Page 2995 P. Resolution No. 89-230 Authorizing Issuance of MIDB Refunding Page 2999 Bonds for McGlynn Bakeries in the amount of-2TO-50,00O III. PUBLIC HEARINGS A. PUBLIC STORAGE by Public Storage, Inc. Request for Guide Plan Page 3003 Change from Low Density Residential to Office on 1.09 acres and from Low Density Residential to Neighborhood Commercial on 1.09 acres and from Low Density Residential to Industrial on 3.10 acres, Zoning District Change from Rural to Office on 1.09 acres, and from Rural to Neighborhood Commercial on 1.09 acres and from Rural to I-2 on 3.10 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 5.28 acres into 3 lots and road right- of-way, Site Plan Review on 5.2B acres for construction of 54,137 square feet of office, commercial, and industrial land uses. Location: West of County Road #1B, south of the Preserve Village Mall. B. SANDY POINTE by Sandy Pointe Partnership. Request for Zoning Page 3004 District Change from Rural to R1-22 on 6.0 acres, Preliminary Plat 11.2 acres into 13 single family lots, 2 outlots, and road right- of-way. Location: East and west of Corral Lane, south of Red Rock Lake. (Ordinance No. 41-B9 - Rezoning; Resolution No. 89-207 - Preliminary Plat) C. MOORHEAD ADDITION by Transtar, Inc. Request for Zoning District Page 3018 Change from R1-22 to R1-13.5 on 1.77 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 1.77 acres into 4 single family lots, 2 outlots, and road right-of-way. Location: 9969 Bennett Place. (Ordinance No. 42-89 - Rezoning; Resolution No. 89-208 - Preliminary Plat) D. VACATION 89-13 VACATION OF DRAINAGE EASEMENT ON LOT 14, BLOCK 3, Page 3021 EDEN VIEW Resolution No. 89-224) E. VACATION 89-14, VACATION OF RIGHT-OF-WAY FOR PART OF LAKESHORE Page 3022 DRIVE (Resolution No. 2251— IV. PAYMENT OF CLAIMS Page 3D23 V. ORDINANCES & RESOLUTIONS VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request py Menards for a Grading Permit to Allow Fill to be Placed page 3D24 Within Outlot C located at the N.W. Corner of Valley View Road and Topview Road " City Council Agenda - 4 - Tues.,October 17, 1989 VII. REPORTS OF ADVISORY COMMISSIONS VIII. APPOINTMENTS A. One �A ointment to the Citizens Advisory Committee for T.H. 212 TA ` 1 - - IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Director of Parks, Recreation & Natural Resources F. Report of Director of Public Works 1. NSP Undergrounding proposal (Continued from 10/3/89) Page 3025 G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT 1 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST October 17, I989 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Accent Real Estate Dakota Plumbing & Heating, Inc. LaMettry, Inc. Lamb Mechanical Loeffel-Engstrand Company CONTRACTOR (1 & 2 FAMILY) HEATING & VENTILATING Creekside Nursery, Inc. J. K. Heating Company Integral Refrigeration Systems Genereux Homes, Inc. Snelling Mechanical, Inc. Hagen Construction Home Enhancers, Inc. Kee Construction, Inc. GAS FITTER R. B. Construction, Inc. J. K. Heating Company Lindemeier Service These licenses have been approved by the department heads responsible for the licensed activity. Pat So ie Licensing MEMORANDUM TO: Mayor and City Council FROM: Waste Management Commission SUBJECT: Proposal for Better Management of Household Hazardous Waste DATE: October 5, 1989 Household hazardous wastes are being collected and disposed with the rest of the solid waste generated by residents. More responsible management of household hazardous wastes is necessary because they cause contamination of water and air in and around landfills. Waste collection personnel are not trained or qualified to collect household hazardous wastes. Furthermore, their vehicles are not equipped to transport these wastes; toxic and flammable liquids and gases can accumulate within the truck itself. Greater concern needs to be shown for the environment and for those persons who handle household hazardous wastes. While county and state regulations exist to minimize the disposal of household hazardous wastes at waste processing facilities and landfills, they have not had a history of effective management on the receiving end. We recommend that this problem be addressed at the source - the residence - and that new regulations be adopted which: 1) prohibit the placement of household hazardous wastes to be collected unseparated from the rest of residential waste; and 2) prohibit refuse collectors from collecting household hazardous wastes in a manner where they are combined with other refuse. The Commission recommends that the City Council endorse and forward this proposal to the Hennepin County Board of Commissioners. This proposal addresses an issue which has not been thoroughly incorporated into the overall waste management system. jdp CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-219 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY FOR FUNDING ASSISTANCE FOR SOLID WASTE RECYCLING ACTIVITIES WHEREAS, the City of Eden Prairie 1989 Budget appropriates funds for solid waste recycling activities; and WHEREAS, on January 3, 1989, the City Council determined that a curbside source-separation recycling program would best serve the residents of Eden Prairie at this time; and WHEREAS, funding assistance is available from Hennepin County to defray a portion of the City's expenses for these activites; and WHEREAS, the City has submitted an application for 1989 funding assistance in which the County's obligation is estimated to be $99,800; and WHEREAS, Hennepin County requires that the City Council adopt a resolution which authorizes execution of an agreement in order for the City to receive funding assistance; NOW,THEREFORE, BE IT RESOLVED by the Council of the City of Eden Prairie that the Mayor and City Manager be authorized to execute Hennepin County Contract No. A07829, a document in which the recycling program undertaken by the City is properly described, in order that the City may now complete the requirements for its recycling funding assistance. ADOPTED by the Eden Prairie City Council this 17th day of October 1989. Mayor Gary D. Peterson ATTEST: John D. Frane, City Clerk 94(P MEMORANDUM TO: Mayor and City Council Parks, Recreation & Natural Resources Commission THRU: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Stuart A. Fox, Manager of Parks and Natural Resources DATE: October 10, 1989 SUBJECT: Round Lake Softball Field Improvements In the approved budget for 1989, for park maintenance activities, there was a capital outlay expenditure of $8000 for softball field improvements. The amount budgeted was for the extension of outfield fences on five fields, as well as side fences for two fields. The cost for these improve-ments would be paid for in the upcoming years by team registration fees. Specifications for the work were prepared and mailed to several contractors, with the bids being opened on Thursday, October 5, 1989. The specifications called for the following work: 1. Extension of 8 sections of the 8' high outfield fences, for a total of 116 lineal feet of 8' fence. 2. Installation of a 5' high side fence on fields number 2 and 3, totalling 360 lineal feet of fencing. 3. Relocation of the player's benches with a concrete pad under them to reduce maintenance problems. The following is a summary of the bids submitted: Finley Bros. Enterprises DBA Tennis West $8,098.60 Viking Fence and Construction Company $12,392.10 Bids were also sent to two other fencing companies; however, they did not bid on the project. RECOMMENDATION: The staff recommends that the City Council award the bid for the ballfield improvements at Round Lake Park to Finley Bros. Enter- prises in the amount of $8,098.60. SAF:mdd agCr • Starring Highlands DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1989, by Clifford and Mary Anderson, husband and wife, hereinafter jointly referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Preliminary Platting of 2.17 acres into three single family lots for construction of two additional single family houses, in addition to the existing single family house, 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 approving said plat, 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 August 7, 1989, reviewed and approved by the City Council on August 15, 1989, and attached hereto as Exhibit 8, 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 provide for a drainage and utility easement over the westerly 110 feet of the northern half of Lot 1, Block 1, as depicted in Exhibit 8, attached hereto. 4. Prior to release by the City of the final plat for the property, Developer shall submit to the City Engineer, and to obtain the City Engineer's approval of plans for grading with no slope in excess of • a 3:1 ratio, 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 l• C, attached hereto. 5. 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 public streets, sidewalks, sanitary sewer, watermain, and utilities within East Staring Lane and Ridge Road to service the property. 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. Prior to issuance of any building permit on the property, Developer agrees to submit to the Building Department, and to obtain the Building Department's approval of well and septic systems for the two houses to be constructed on Lots 1 and 2, Block 1, as depicted in Exhibit B, attached hereto. Upon approval by the Building Department, Developer agrees to construct, or cause to be constructed, those improvements listed above, as approved by the Building Department. 8. Developer agrees that the front yard setback for the houses to be constructed on Lots I and 2, Block 1, as depicted in Exhibit B, shall be 46 ft., as is compatible and established in the surrounding area of the property. 9. At such time as public sanitary sewer and watermain facilities are constructed and made available to the property, connections for said utilities shall be made available to each of the lots of the property as depicted in Exhibit B, attached hereto. Developer agrees that after said utilities are made available to the property, and the on-site systems for the individual lots for sanitary sewer and water require repair or replacement, Developer shall hook up to the public utilities provided and cease use of the on-site wells and septic systems. 10. City and Developer acknowledge that Lot 1, Block I, of the property, as depicted in Exhibit B, attached hereto, may be platted into two lots at a future date, meeting City Code requirements within the existing zoning district of RI-22. Developer agrees that at such time as Developer may request such additional platting, Developer shall submit the required application materials for such additional platting to the City for review, recommendation, and approval. a949 :• Exhibit A Legal Description A tract of land in the West Half of the Southeast Quarter of Section 21, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at the intersection of the center line of Staring Lane and the North line of Ridge Road of Staring Lake First Addition as platted in said section; thence North 11 degrees 38 minutes 35 seconds East a distance of 92.3 feet; thence North 2 degrees 22 minutes 35 seconds East a distance of 421.35 feet; thence North 88 degrees 36 minutes 25 seconds West a distance of 238.1 feet; thence South 2 degrees 22 minutes 35 seconds West a distance of 411.3 feet to the intersection with said North line of Ridge Road; thence Easterly along said North line a distance of 243.5 feet to the point of beginning. Subject to an easement for road as recorded in Book of Deeds No. 2120, page 387 containing 2.17 acres. { _ . 2950 ::� A to Z Rental Expansion CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE ND. 33-89 AN ORDINANCE DF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #13-88, AND, ADDPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL DF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That Ordinance #13-88 be amended by adding the following: "Section 2. That the plans dated August 31, 1989, reviewed and approved by the City Council September 5, 1989, for Eden Prairie Apartments shall apply. Section rovisions and DefinitionsApplicable to�the Entire ChCity Code Including Penaltya for PViolation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on September 5, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of October, 1989. —ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of 29s1 • Exhibit A LEGAL DESCRIPTION - ZONING ( 'hat part of Outlot A, MENARD 4TH ADDITION, according to the recorded plat thereof which lies southeasterly and easterly of the following described line: Beginning at a point on the southwesterly line of said Outlet A distant 346.68 feet northwesterly from the Southwest corner of said Outlot A, as measured along said southwesterly line; thence in a northeasterly direction, at right angles to said southwesterly line, a distance of 172.52 feet; thence senortheflyr deflecting to the left 60 degrees 45 minutes 0 0l deflectingfdistance of 43.64 feet; thence Y to the right 90 degrees 00 minutes 00 seconds for a distance of 70.27 feet, more er less, to the northeasterly line of said Outlot A and said line there terminating. • LEGAL DESCRIPTION - PLATTING Outlot A, Menard 4th Addition, Hennepin County, Minnesota. • • • • i . 295 . A to Z Rental SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1989, by and between Rome Corporation, a Minnesota corporation, hereinafter "Developer," of a portion of the property as described in that certain developer's agreement between Developer and the City of Eden Prairie, a municipal corporation, hereinafter "City," for A to Z Rental dated April 19, 1988, hereinafter "Developer's Agreement;" WHEREAS, the parties desire to amend said Developer's Agreement for a portion of the property referred to in said agreement, that portion of the property being as described in Exhibit A, attached hereto and made a part hereof; NDW, THEREFORE, it is agreed by and between the parties thereto 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: Developer shall develop the property in conformance with the revised material dated Au ust 31, 1989, reviewed and approved as amended by the City Council on eptember 5, 1989, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. B. There shall be added paragraphs 11. - 14. as follows: "11. Prior to issuance of any building permit by City, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of a revised landscaping plan which provides for the following: A) An irrigation system for the landscaped areas on the property. B) An equal combination of six-foot and eight-foot coniferous trees along the north property line for purposes of screening the loading areas and overhead doors. • C) evergreen trees along the south property line of the existing structure for purposes of screening the Increased berm height and increased plantings of parking and storage areas. 0) Additional plantings and berming for the parking lot as an alternative to lowering the elevation of the parking lot as depicted in Exhibit B, attached hereto. "Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those plans listed accorabovedanceswith approved termsyand the conditionsDirector of Exhibit C Planning, of the Developer's Agreement." "12. Prior to issuance of any building permit by City, Developer agrees to complete the following: "A) The construction of the berm along the south property line in accordance with Exhibit B of the Developer's Agreement and as described in item #11.C), above. "B) The installation of the five-foot wide concrete sidewalk along the west side of Plaza Drive, as depicted in Exhibit 8 of the Developer's Agreement. " Said berm and sidewalk shall be constructed and completed in accordance with the terms and conditions of Exhibit C of the Developer's Agreement. "13. Concurrent with building construction on the property and prior to issuance by City of any occupancy permit for the property, Developer agrees to provide bituminous paving and curb and gutter for the entire parking area on the property, both as depicted in Exhibit B of the Developer's Agreement and for the parking area as depicted in Exhibit B as described in item #A. 1., above. "Said bituminous paving and curb and gutter shall be constructed in accordance with the terms and conditions of Exhibit C of the Developer's Agreement." "14. Developer acknowledges and agrees that signage, lighting, and exterior materials to be implemented on the property shall be consistent with the existing signage, lighting, and exterior materials on the property for color, size, and style." 2. Developer agrees to all of the terms and conditions the obligations of the Developer under the Developer'sAgreement,dasaccepts amended and supplemented herein. aasy • A to Z Rental Expansion OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ROME CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of 1989, by and between James and Jean Way, husband and wife, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #33-89 amending the zoning of the property owned by Owners within the Reg-Ser District, as more fully described in that certain Supplement to Developer's Agreement entered into as of , 1989, by and between Rome Corporation and City, Owners agree with the City as follows: 1• This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 2. If the Owners transfer such property, Owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. JAMES WAY JEAN WAY ass A to Z Rental Expansion CITY OF EOEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-228 A RESOLUTION APPROVING THE SUMMARY OF OROINANCE 33-89 ANO OROERING THE PUBLICATION OF SAIO SUMMARY WHEREAS, Ordinance No. 33-89 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of October, 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. 33-89 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 brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. 0. That Ordinance No. 33-89 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 October 17, 1989. Gary 0. Peterson, Mayor ATTEST: John D. Frane, City Clerk 9 A to Z Rental Expansion CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-89 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 amendment of the zoning of land located south of Valley View Road, west of Plaza Drive within the C-Reg-Ser 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.) ag57 A to Z Rental Expansion 4, CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-229 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ROME DEVELOPMENT FOR A TO Z RENTAL EXPANSION WHEREAS, Rome Development has applied for site plan approval of A to Z Rental Expansion on 1.67 acres for construction of a 21,014 sq. ft. commercial facility on property located west of Plaza Drive, south of Valley View Road, to be zoned C-Reg-Ser by Ordinance #33-89 adopted by the City Council on October 17, 1989; and, WH , the nning on d said tion at a public hearing atE its SAugust 14,a1989, Planning iCommission emeeting andprecommended approval of said site plan; and, WHEREAS, the City Council has reviewed said application at a public hearing at its September 5, 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 Rome Development for A to Z Rental Expansion for construction of a 21,014 sq. ft. commercial facility, based on ( plans dated August 31, 1989, subject to the terms and conditions of that certain Developer's Agreement between Rome Development, a Minnesota corporation, and the City of Eden Prairie, dated October 17, 1989, for said A to Z Rental Expansion. ADOPTED by the City Council on October 17, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk a�s� . Bluffs West 8th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 36-89 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 DF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-22 District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 17, 1989, entered into between Wallace Hustad, Sr., and Ruth Hustad, husband and wife, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between The Bluff Company, a Minnesota corporation, and the City of Eden Prairie, dated as of October 17, 1989, which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of September, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of October, 1989. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of , Exhibit A Legal Description Outlot D, BLUFFS WEST 7TH ADDITION, Hennepin County, Minnesota. Bluffs West 8th Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1989, by Hustad Development Corporation, 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 R1-22 to R1-13.5 on 2.12 acres and Preliminary Plat of 2.12 acres into four lots and road right-of-way for single family residential development, 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 #36-89, 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 September 14, 1989, reviewed and approved by the City Council on September 19, 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. Prior to release by the City of the final plat for the property, Developer shall submit to the City Engineer, and to obtain the City Engineer's approval of plans for the property for streets, sanitary sewer, water, irrigation systems, erosion control, and storm sewer, including storm water runoff calculations for the low area in the backyards of the houses to determine the need, if any, for a storm sewer outlet. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Prior to any "land alteration" as that term is defined in City Code Chapter 11, Section 11.55, Developer agrees to apply to the City Engineer, and alteration per obtain the of a land mitfortheproperty i Engineer's pp naccordancewi l th said Section 11.55. The land alteration permit shall, among other conditions and requirements, include mitigation of tree loss for 48 caliper inches of trees. 5. As part of the Developer's Agreement dated June 2D, 1989, for Bluffs West 7th Addition, it was acknowledged by the parties thereto that it would not be possible for the number of caliper inches of trees removed from said 7th Addition to be replaced totally within the rezoned portion of said 7th Addition in accordance with the City's Tree Preservation Policy. Therefore, the parties thereto agreed that the requirements of said Policy would be met by replacement of trees on outlots of said 7th Addition at the time such outlots were developed. City and Developer herein acknowledge that the property is an outlot of the development known as Bluffs West 7th Addition and subject to that provision of Bluffs West 7th Addition. Developer agrees, therefore, that 48 caliper inches of trees shall be replaced on the property in accordance with the terms, covenants, agreements, and conditions set forth in the land alteration permit discussed in item #4., above. 6. Concurrent with individual site grading on Lots 2 and 3, Block 1, as depicted in Exhibit B, attached hereto, Developer agrees to construct the retaining walls and bituminous driveway depicted for said Lot 2, in said Exhibit B. Construction of the retaining walls and bituminous driveway shall be accomplished in accordance with terms and conditions of Exhibit C, attached hereto. A92 Bluffs West 8th Addition OWNERS' SUPPLEMENT TO OEVELOPER'S AGREEMENT BETWEEN HUSTAO DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 19B9, by and between The Bluff Company, a Minnesota corporation, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #36-89 changing the zoning of the property owned by Owners from the Rural District to the R1-13.5 District, as more fully described in that certain Oeveloper's Agreement entered into as of October 17, 1989, by and between Hustad Oevelopment Corporation, a Minnesota corporation, and City, Owner agrees with the City as follows: 1. If Hustad Oevelopment Corporation fail to proceed in accordance with the Oeveloper's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, heirs, and assigns of the property. 3. If the Owner transfers such property, Owner shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Carl J. Jullie, City Manager Bluffs West 8th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-227 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 36-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 36-89 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of October, 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. 36-89, 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 Drdinance shall be posted in the City Hall. D. That Ordinance No. 36-89 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADDPTED by the City Council on October 17, 1989. ary D. eterson, Mayor ATTEST: John D. Frane, City Clerk a94.1/ Bluffs West 8th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 36-89 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 north of Bluestem Lane, west of Bennett Place, from the R1-22 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.) • � I a965 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-221 A RESOLUTION APPROVING PRELIMINARY AND FINAL PLATS OF BLUFFS WEST 8TH ADDTION WHEREAS, the plat of BLUFFS WEST 8TH ADDITION 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 BLUFFS WEST 8TH ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated OCTOBER 12, 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 OCTOBER 17, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 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 FRDM: Jeffrey Johnson, Engineering Technician . DATE: October 12, 1989 SUBJECT: Preliminary and Final Plats of Bluffs West 8th Addition PROPOSAL: The Developers, Hustad Development Corporation, have requested City Council approval of the final plat of Bluffs West 8th Addition. Located west of Bennett Place, north of Bluestein Lane, in the south half of Section 26, the plat contains 2.12 acres to be divided into 4 single family lots and one Outlot. Outlot A contains 1,244 square feet and will be combined with the proposed Nelson Addition to the north to meet lot dimension requirements for future platting. HISTDRY: The approval of the preliminary plat is being requested in conjunction with approval of the final plat. Second Reading of the Zoning District change from R1-22 to R1-13.5 is scheduled for final approval October 17, 1989. The Developer's Agreement referred to within this report is scheduled for execution October 17, 1989. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and walkways necesary to service this project are currently in place and available for use. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Bluffs West 8th Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee hi the amount of $250.00 JJ:ssa - MEMORANDUM - TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager FROM: Alan 0. Gray, P.E. City Engineer OATE: October 12, 1989 RE: Oetached Frontage Road South of TH 5 at Dell Road The purpose of this memo is to provide background information for Resolution No. 84-222 which authorizes preparation of plans and specifications for a detached frontage road with utilities south of TH 5 and east of Dell Road and Resolution No. 89-223 requesting MnOOT to consider early construction of the previously referenced detached frontage road. The approved layout plan for TH 5 includes a detached frontage road extending easterly from Oe11 Road along the south side of TH 5 to provide access to three existing homes along the west shore of Mitchell Lake southerly of TH 5. These three homes now take direct access to TH 5 via a shared driveway extending north along the west side of Mitchell Lake. This driveway access will be terminated as part of the improvements to TH 5 scheduled to begin construction in April of 1990. (A reduced copy of the layout plan showing the detached frontage road is attached to this memo.) The properties through which the proposed detached frontage road would be constructed are owned by Tandem Properties and M-R/US HOT. Both properties are currently the subject of development proposals. A residential collector street facility extending through both properties is proposed on the approximate alignment of the detached frontage road as shown on the TH 5 layout plan. MnOOT has agreed to participate in the construction cost for a residential collector street facility in an amount equivalent to the estimated construction cost for the detached frontage road facility proposed in the approved layout plan. This is most easily accomplished by entering into a cooperative construction agreement with the City of Eden Prairie. cased on onstruc the desin and t the collector road facilityproperty petition from the o withuti the City litiesThroughla cooperative construction agreement, MnDOT will reimburse the City a portion of the cost equivalent to the proposed detached frontage road construction. The additional cost incurred by the City to upgrade the frontage road to a collector street facility with utilities will be assessed to the abutting benefited parties. Resolution No. 89-222 directs the preparation of plans and specifications for the proposed facility in accordance with MSA 420.031, Subdivision 3 and Resolution No. 89-223 requests MnOOT's participation in project costs through a Cooperative Construction Agreement. AOG:ssa 1 1 -I • i! \ 1 1'1\ - ---- -\ f�ll.. i n.,uc \tio I,I / il till L! i 1 :' t. tL ' ijilb )16 I `'-r, a 1 II�,F74'1/' � I � / nar wn� r . I clb 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-222 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS TOGETHER WITH AN ASSESSMENT AGREEMENT FOR I.C. 52-177 BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvements have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City Standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improve- ments shall not be approved by the City Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on October 17, I989, Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk �?9rJC1 • CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: 1415 SEZ1/1C6General Location) u 2W n } 1� X Sanitary Sewer .L n 1/j NQ eitt+ X Watermain ( OT tS ^ t kciJ SDA b f X Storm Sewer V S. ,t •••• X _ Street Paving Other tiW�ftL:Liri.� Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served (Must be owners of record) eDrd;1 ji •rfv2. Q4cW fW 0-"Voldem Prorr iscs t�lllfl sr usiiIrr tZc v ` te�ui EE 4 Less ST4TE aowrnt@4T.eN3 (For City Use) Date Received Project No. Council Consideration IP.IAXII4i7 ----------':::-.-- ---— ' -.ii;i:,,I10.1,!1;:'. --:' 1, --—,'-,-'-!.•''_u_i;:li 2..:..-:L-.•=,7„ .. . E-' 1,• 4::''''i '''' ‘• ' , 611" Iv Atli i:.i4 t. \-. .. . .• •,....,.:/..- ,. ...- :: .-.-_ --- t: 341,11) 'wiry b. 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I :rzl ,7,:•S .,,- / 1E031 I • : ;91g • 1. .,„. ..• CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-223 REQUESTING EARLY CONSTRUCTION OF DETACHED FRONTAGE ROAD AT TH 5 AND DELL ROAD WHEREAS, the Minnesota Department of Transportation and the City of Eden Prairie have approved the layout plan for TH 5 from CSAH 4 to the West Hennepin Line; WHEREAS, the approved layout plan includes a detached frontage road along the south side of TH 5 extending easterly from Dell Road in Eden Prairie; and WHEREAS, the early construction of the detached frontage road is desirable to provide continued access for existing residents during construction of TH5 improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the Minnesota Department of Transportation prepare a Construction Cooperative Agreement with Eden Prairie for the detached frontage road to TH 5 at Dell Road to facilitate early construction. ADOPTED by the City Council of the City of Eden Prairie on October 17, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk (- MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig W. Dawson SUBJECT: Proposal from Eco Solutions, Inc. DATE: October 11, 1989 Eco Solutions, Inc., a non-profit organization, is planning to conduct surveys of solid waste patterns in a central city neighborhood and a suburban neighborhood. These "garbage audits" would compile an inventory of residential waste composition, purchasing patterns, and disposal practices. Aside from the value of gathering data, the primary aims of the study are to find ways to inform people how to reduce their amount of waste, how to recycle more of their waste, and how to make purchasing decisions which are less detrimental to the environment. Eco Sol utionsy f it ling to ipate itis suburban portion of the study. As outlined in the attached proposal, costs to the City would be for in-kind services related to assembling information. No additional funds would need to be expended. The Waste Management Commission has reviewed this proposal and given its endorsement. It believes that the study would be valuable to Eden Prairie if it were selected as the suburban community to be included. RECOMMENDATION: It is recommended that the Council approve the City's participation in the study proposed by Eco Solutions, Inc., and to communicate its willingness to commit the in-kind resources requested. CWD:CJJ:jdp Attachment 42994 .. t t e CO . 1929 South Fthh St. Minneapohs,MN55454•(612)33&0250 SC)114iti )I'lS INC September 11, 1989 Craig Dawson City of Eden Prairie 7600 Executive Drive Eden Prairie, MN. 55344 RE: Residential Waste Survey Dear Mr. Dawson: I am writing to invite Eden Prairie's participation in the Residential Waste Survey Project, a pilot program for a promising new waste reduction technique. The Project is seeking participation from 250 residents in each of two locations, one of which will be the Phillips neighborhood of Minneapolis. We would be very happy to have Eden Prairie as our second Project site. Eco Solutions is raising all funds and needs your participation only in a limited capacity, which is explained below. Enclosed is a general description of the Project, which involves going through homes with the residents, analyzing their waste- handling habits, and suggesting ways to reduce the amount of material that leaves the home as "waste." Eden Prairie would be a good second Project site due to its location, size, socioeconomic factors, and waste handling programs, which make it good for comparison with our first site. What we will need from the City, the County, or the appropriate person are information and assistance in the following areas: *basic demographic data on the City (population, number of households, types of residences, income levels, etc.); *information on garbage and recycling systems and routes, and on other existing waste handling opportunities; *access to any available data on the amount of waste currently generated in the City and on that waste's composition; *information on existing ways to provide Project information to the public; and *a letter from the City or the appropriate governing body committing the above resources to the Project. In most cases, someone will only need to assist our research staff in locating the needed information. We anticipate that most of this assistance could be provided in a few phone calls or office visits. LI 1!V'Y ryrU 1/ra/r..r a9x We expect no funds from you, although any help in the form of in- kind services would be very much appreciated. An example of the type of in-kind services I have in mind would be letting us place our marketing materials in City or County mailings or publications. Naturally, if several cities are interested in being our second Project site, the provision of in-kind services will influence our decision. We believe that reducing solid and hazardous wastes and promoting recycling and composting will be beneficial to the government and people of Eden Prairie. We also believe that our Project will serve as a complement to your existing waste handling programs. Please let me know if you have questions. Otherwise, I will contact your office on or about September 22. Thanks for your interest! Si ly, ias l il s Chair Enclosure -2- aq96) eco . solutionst929 South Fifth St •Minneapolis,MN 55454•(612)338-0250 INC. -- -THE RESIDENTIAL WASTE SURVEY PROJECT Disposal of solid waste is currently the nation's third largest domestic expenditure, costing $6 billion annually just for collection and disposal. In addition, there are the staggering costs associated with environmental degradation. On the Federal level, 1988 allocations for pollution control and regulation were $1.5 billion, of which $398,000 (.0265%) was for waste minimization. The State of Minnesota has already spent $20 million on "Superfund" clean-up of leaky disposal sites and anticipates spending as much as $67 million just for existing sites. The waste problem is also an energy problem. Every step of the mining, agriculture, manufacture, wholesale, transportation, and retail processes uses energy. When an item is made for only one use or disposed of before its useful life is over, the energy used in its creation can never be recaptured. So failing to minimize wastes also contributes to acid rain and the greenhouse effect. The Residential Waste Survey is a new approach to the waste problem, attacking the problem on the individual level. The Residential Waste Survey is: *a waste reduction tool, *a public service campaign, *a recycling promotion program, *an energy-saving strategy, *an environmental protection plan, *a resource conservation action, *an empowerment project, and *an answer to local government's most vexing problem. The Residential Waste Survey is currently being developed by Eco Solutions, a Minnesota nonprofit corporation founded in November, 1988, with the goal of preventing pollution by dealing with the "front end" of environmental problems. The idea of a residential "Garbage Audit" was born during a meeting of the Minnesota Solid Waste Policy Report Task Force, of which Eco Solutions' Chair was a member. The basic objective is to reduce the amount of household garbage, and hence reduce the need for additional waste facilities, clean-up of hazardous waste sites, and the commitment of non- renewable resources to the waste stream. The Survey Project will include: (1) going through 500 homes (250 each in two target neighborhoods) and determining what trash is produced there; (2) educating the residents about how what trash is produced, what steps might be taken to reduce trash production, recycling methods and availability, composting methods, proper disposal of any hazardous waste, and the effects of the more problematic items on the environment; •'s a9rY • (3) encouraging residents to reduce their general and hazardous waste production, giving specific steps for action and information on local resources; and (4) gathering information for municipal and other agencies on the types and amounts of trash being generated and on easily adoptable reduction strategies. The Waste Survey answers a basic problem of the current waste glut. The public is aware of waste problems -- a recent Gallup Poll showed that 41% of Americans are "extremely concerned" about the problems associated with garbage -- but individuals must take a great deal of initiative to find out what they can do to help beyond simple recycling. Our project will send resource people into residences to answer questions specific to that household. The types of questions a Residential Waste Survey will ask are summarized in Attachment A. Residents will also gain a sense of having some control over the garbage problem. And unlike conventional programs, the Waste Survey addresses the entire problem, rather than separating solid wastes, hazardous wastes, composting and recycling. The true cost of our current garbage habits is the cost of wasted resources. What is commonly called a "high standard of living" is actually a "high standard of depletion" of our national resource base. Since the U.S. produces twice as much garbage per day per capita as other industrial nations, these problems are basic to our national economy and long-term security. Project activities, which are expected to last two years, include: *researching the composition, manufacture, and disposal of common wastes, the short-term costs and savings for household waste options, and the long-term costs of various disposal options; *finding available waste reduction and recycling information; *preparing waste information for use by the average resident, where such materials don't already exist; *developing Survey forms; *choosing two test Waste Survey neighborhoods; gathering information on existing area waste options; *preparing and using promotional materials; *performing 500 Waste Surveys; and *doing a complete evaluation, including waste reduction measurements, and follow-up phone calls to Survey participants. Funds have been received for development activities, which are underway. To fund the remainder of this Project, we are seeking foundation, corporate, civic, and individual contributions. If the initial Project is as successful as expected, the materials and expertise developed would be used to make the Residential Waste Survey a national campaign, which we expect to be publicly funded. Further information is available from Lilias Jones, Project Coordinator. 100% Recycled Paper ATTACHMENT A: THE RESIDENTIAL WASTE SURVEY- A PRELIMINARY OUTLINE Some of the items Waste Surveys will cover include the following: (1) Recycling: does the resident take part in basic recycling activities offered in the area: 'glass, cans, newspaper, corrugated, etc. If not, what information can help him/her take part. Does the person have problems such as lack of space, inability to carry, lack of knowledge of recycling locations/dates, that the auditor can help with; (2) Yard/Garden: how are lawn and other biodegradable wastes disposed. Composting should be encouraged, and these wastes should be separated from the general waste stream. Lawn and garden chemical use should be discussed. Non-chemical pest control information should be given out, for both in-house and lawn applications; (3) Hazardous Materials: how are hazardous materials used and disposed of. Does the resident know which items are hazardous when released into the environment. In which ways can their use be minimized: for example, using mist containers, rather then pressurized sprays. Is the resident aware of the best on-premises methods and of any available programs for safe disposal of these wastes. Are all hazardous materials properly stored to prevent spills, fire hazard, and waste; (4) Shop/Garage: in any shop or garage area, how are the wastes associated with painting, stripping, automobiles, small engines, and other projects treated. Is motor oil recycled. Is paint thinner used as long as possible and disposed of as safely as possible. Is the resident aware of ways to stretch the life of mechanical equipment to prevent the need for early replacement. Is durable equipment favored over single-use or poorly-built items; (5) Household Goods: how does the resident deal with clothing, furniture, and other items that are no longer needed and/or outgrown. Are these items replaced before they must be. Is the resident aware of the relative effects of synthetic and non-synthetic fibers. Are things thrown out that can be recycled through rummage sales or thrift shops. Is the resident aware of local agencies that could use these things. Does the person need storage or pick-up service for these items; (6) Major Projects: is a major project underway or planned that might include special trash-removal needs, such as remodeling or landscaping. In what ways can the project be planned and undertaken to minimize trash and hazardous waste production. What suggestions might the garbage auditor offer to help the resident dispose of whatever wastes cannot be recycled. What community resources exist to help with future projects; (7) Office: for any office area, what is done with paper that is slightly damaged or only used on one side. Is it reused for notes, 100% Recycled Paper 99 children's coloring, or other projects. Can it be recycled. Can recycled paper be used for letterhead, copy paper, computer paper, or , other printing needs. Is copying done using both sides of the paper whenever possible. Are typewriter and computer printer ribbons refilled, where possible; (8) Plastics: how/how much does the resident use and dispose of plastics, including sacks, styrofoam cups, and food and other packaging. In which cases are there non-plastic alternatives, such as paper sacks, cloth diapers, pop/beer can boxes, and glasses. In • which cases can plastic items be reused, such as sandwich and bread bags. In which cases can bulk purchase lead to less packaging, such as many food items. In which cases can the same or similar items be purchased in recyclable or recycled containers, such as buying food in glass jars, rather than in plastic jars. Is the resident aware of the availability of biodegradable plastics; (9) Cooking: are multi-use items preferred over single-use items, such as cloth towels over paper towels, hardware over picnic supplies, bulk popcorn and meals over single-serving units. When eating out, is the resident aware of the advantages and disadvantages of various kinds of food packaging, such as paper, styrofoam, and cardboard. Are appliances purchased for specific functions when a multi-function appliance would serve the same purpose, such as a hamburger-maker for a frying pan; (10) Hygiene: for cosmetics, deodorants, hair-care products, and other personal items, is the resident aware of the effects of the manufacture of various items on solid and/or hazardous wastes. Where appropriate, information should be given on less toxic or less wasteful alternatives. What size and type of container is purchased: for example, large or small, plastic or glass, tube or pump, spray or mist. How are residues disposed of. Are residents aware of the higher costs, solid waste problems, and biological hazards associated with disposable diapers. As further research is done in the development phase of this project, further items will undoubtedly be added to this preliminary outline. Obviously, not all of these areas will be of concern in every residence. 100% Recycled Paper X7D 1 - MEMORANDUM - TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager FROM: Alan D. Gray, P.E. City Engineer DATE: October II, I989 RE: Dell Road and Scenic Heights Road Extensions Attached to this memo is a copy of a petition for street and utility improvements to segments of Dell Road and Scenic Heights Road southerly of TH 5 and westerly of CSAH 4. A cover letter from U.S. Homes dated September 15, 1989 attached to the petition briefly describes the scope and timing for the improvements being requested. A drawing attached to the petition roughly indicates the segments of Dell Road and Scenic Heights Road being referred to in the petition and by number reference collates to the property owners that have signed the petition. By Resolution No. 89-34, the Council has previously authorized the study of Dell Road and Scenic Heights Road south of TH 5 and west of CASH 4. This feasibility study has been designated I.C. 52-16D and referred for study by the City Engineer with the assistance of the consulting firm Strgar-Roscoe- Fausch, Inc. The scope of this previously authorized feasibility study includes the segments of Dell Road and Scenic Heights Road referred to in the current petition. It is recommended that the improvements requested in the current petition be directed for consideration as part of the feasibility study being prepared for I.C. 52-160. ADG:ssa • 1USHOme ) Thompson Land Development Division 300 South County Road 18 • Suite 870 • St.Louis Park.Minnesota 55426 • (612)544.7333 September 15, 1989 Mr. Alan Grey, City Engineer CITY OF EDEN PRAIRIE 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Grey: Attached is the petition for the connection of Highway 5 and County Road 4 through the extensions of Dell Road and Scenic Heights Road. We anticipate a rural, two-lane construction to be completed in the • summer of 1991. Utility construction and upgrading to four lanes should occur in conjuction with development progress from Highway 5 on the north and County Road 4 on the east. Please call me if you have any questions. Sincer Lee W. J-.. son Sr. Vice President/Project Manager LWJ/lds Attachment • r } I i CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the followng described improvement(s): �/ 11 ''//(General Location) A /( Sanitary Sewer JC'L/7iG //eiyij7 id Q„c! ,any 44d Watermain Lyi i7 ir/Ph Of Co id 51 and segti dp1 Storm Sewer 7Wy S r=sftz�hutl X Street Paving // Other Street Address of Other Legal Description of Names of Petitioners Property to be Served (Must Be Property Owners) &Rif' '( a�/acl�.I�O,h¢ V 1 cihlem &titles er. ►do A•er' Ceh'l ex 4lomes Matitsi G� t e etlf n1 E UStfoT 124 (For City Use) =__ _- Date Received Project No. Council Consideration 41).1,.11liAlli,l, \ I 'tili'1111111,7•0. , .'.;_,I,!`" 'IN',',,, ,•:, .:.-",-'" ,., , . •2--, 1114414 -,_ b, r;',••••,,,-14 _/./ ....1i ‘,‘. a `L!L,:i7. '417 , .-.-_--: i; — 2±,,, •:„.); • - CH W''' a Iii:1:i tilirif;„cii•.; :;:r ( — _• ..„ I‘, . i:' " • '''Y'[.‘(to .0 HOISNIM•S. '——.—I 4-le,! ., ; •••S ''t N.\‘\‘ SP oo• • W.. so CHANHASSEN ...- ',E . - '-'s .9i0A - ,;•,% ..., @ ' r- ''''' 411c - ' ''"-IW - '''j •-' li '. ' , ,. _ _ ni ,iWt.1 •" MAMA a ,I GARACE 0,11,1C7 A wi ornrcj ( . . _ \ - \,, ,,, , cEi •"s .—., c--— ( . . ity ,.- • -7... , - , -i . • ., . ' -.., • ,,,,-. alk 4167 .n. PO 1.• 1 • , / . 11'/Iiirli . : ,,, I Ill , 1 ,3 ---- "' i r- - _ , .. ., ..„ .n. 0.•/ ..f!'' r? 14\„. -.?•lit . __________--- • ,„, 4. , _ -_,--------- r.. .--- y ,iu....:,- — a_ 1 I . ,.,. f ,7..;' 4 41 V, , f/ 41..L'i• , i 1 i. 1. I 1 d,q 7 I - MEMORANDUM - TO: Mayor and City Council FROM: Jeffrey Johnson • DATE: October 11, 1989 RE: Grading Permit at 16101 Pioneer Trail Mr. Peter Jorgensen, owner of the property located at 16101 Pioneer Trail, has requested City Council approval of an after-the-fact grading permit for his property. Mr. Jorgensen has, over a period of 2-1/2 to 3 years, placed a significant amount of fill on his property in an attempt to build up a level rear and side yard area. Drainage patterns have not been adversely affected as a result of this grading. Please refer to the attached plan, which was prepared by the owner, and roughly show proposed finished contours. Recommend that the City Council grant Mr. Jorgensen an after-the-fact grading permit with the following provisions: 1. That no additional fill be placed on the property and the limits of grading will not extend beyond what presently exists. 2. That Mr. Jorgensen shall immediately proceed with restoration of the site which shall consist of finished grading of all eroded areas and all slopes to a grade of 3:1 or flatter, placement of top soil over all disturbed areas, and the boardcast of seed and mulch over all disturbed areas. 3. Restoration must be complete by November 15, 1989. JJ:ssa 01/i/a, • • .p .p v c CORD as . I �� for) :z7 10<a*-r/Wa Al imPlAt So°4 1 i 1 I oaf et I Seel • L• f,27 sx- l307 o 97 — - Ai-0 r./Gila: ,.99 ciao) i EX.' E,0625 /0' o°59 r 4 897s�. �o1 • 4doE -1p. �y P./ �0 2q 7Vd i MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources. DATE: October 11, 1989 SUBJECT: Request from Eden Prairie Foxjets Attached is the background information on the request from the Foxjets for additional swim time, that would infringe on open swimming. Also, attached is a copy of the unapproved minutes of the Parks, Recreation and Natural Resources Commission including their recommendation to allow the Foxjets to use three lanes at 25 yards for their 30 minutes of extended practice up until November 17th. This would leave the diving well and 5 lanes at 25 yards for open swimming. The open swimming period during this time has generally accommodated approximately 30-35 people. In order to accommodate the Girl's Swim Team and the ever expanding Foxjets Swim Club, as well as the limited number of users of the open swim period during this time of the day and time of the year, City staff concur with the recommendation of the Parks, Recreation and Natural Resources Commission to allow the Foxjets Swim Club to use three lanes at 25 yards from 7:30 to 8 P. M. during the open swim for their extended practice. This would only occur during the high school girl's swim season when there is a conflict. Consistent with past practices, whenever any group requests use of the swimming pool or the ice arena during an open swim or open skating period, staff requests authorization from the City Council for this change. As we are not having to change the open swimming period, but are merely restricting a portion of the pool for a practice session, staff requests authorization to approve the request of the Foxjets. RAL:mdd 260 MEMORANDUM TO: Mayor and City Council Parks, Recreation & Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources l- DATE: September 28, 1989 SUBJECT: Eden Prairie Foxjets Swim Club Request Attached is a September 19, 1989 request from Bernie Weber, President of the Eden Prairie Foxjet Swim Club, requesting the City to consider expanding their rental period for an extra half hour of pool time from 7:30-8:00 p.m., weekdays. In 1981, prior to the Community Center opening, the City adopted the following order of priority for use of ice and pool time: a. City of Eden Prairie programs b. Eden Prairie School District 272 c. Eden Prairie non-profit youth organizations d. Eden Prairie non-profit adult organizations e. Other Eden Prairie groups of special interest or profit oriented groups f. Other groups that are special interest or profit oriented, or groups where less than 75% of the membership is from Eden Prairie Since the Community Center has opened, there have been several local groups requesting additional pool or ice time beyond that time designed for open swim or open skating. The City has been consistent in denying reducing the amount of open swim or open skating time. Also, attached to this memo is a May 13, 1987 memo relating to Eden Prairie High School's request for additional pool time. The City Council granted an additional one-half hour of swim time to the Eden Prairie Girl's High School swim Team, but took that time away from the Foxjets Swim Club. At this point, the Foxjets Swim Club has grown to over 120 swimmers and they are feeling the pinch for additional pool time, and suggest the City add that one-half hour back on the last half of their swim period, thereby cutting into the open swim period. The recreation staff and the Community Center staff indicate that the 7:30-8:00 p.m. time is the busiest time during the open swim evening session during weekdays, and do not recommend eliminating / that 30 minute period from the general public. BL:mdd dqn r MAR AND'J'1 TO: Mayor and Eden Prairie City Council Eden Prairie Park and Recreation Commission THRU: Bob Lambert, Director of Community Servirr:; FROM: Rick Bollnske, Superintendent of Recreation DATE: Wednesday. May 13. 1987 SUBJECT: Eden Prairie High School's request for more pool time. This will serve as a summary and staff recomendat.inn on the Eden Prairie High School's request for an additional 1/2 hour of swim time for their girls high school swim team. Staff sees the options as follows: 1. Leave the swim times the way they are. 2. Take the 1/2 hour requested by E.P.H.S. from the Foxjets swim program. 3. Take the 1/2 hour requested from the open swim time available to families and individuals at the Community Center. The problems with each of the options listed above are as follows: Option 1-leaving the times as they are provides as problem for the girls swim program. Their numbers are steadily growing. They com- petition they now receive in the Lake Conference is much stiffer than the conference they were in before. Staff at the high school and Community Center feel they do need an additional 1/2 hr. to be competitive with the rest of the Lake Conference. Numbers in the high school program will continue to grow because of the fine feeder program provided by the Foxjets. Option 2. By taking 1/2 hour out of the Foxjets program, we would be taking time from a program that is already bursting at the seams with numbers of participants. The Foxjets swim program has over 125 indivi- duals swimming at the Community Center. Most times, now, during practice, there are as many as 10 children in each lane. Four-five years ago the Foxjet program was mainly non-residents, but this has changed and now over 857. of the participants are Eden Prairie residents. Staff have received many requests from the Foxjets requesting more time. Option 3- Takes time away from the general public and taxpayer of Eden Prairie. This is a very difficult option to grant for the following reasons. 1. The Community Center's main focus, when built, vms to provide open swim time to the citizens of Eden Prairie. • 1 2. As stated above, not only does the high school wont additional r time, but so do the Foxiets. The problem comes in as to where do you draw the line. 3. 7:30-8:00 is the prime time for youth to swim at. the Community Center. Most of our open swimmers at night come from 7:30-8;30 and the numbers drop off after that.. Average doily attendance for the months of Sept and Oct is from 30-50 persons. 4. Staff has the concern that if open swim starts at 8:00 many parents would be upset because of the lateness of the open swim Children would be forced to swim from 8-9:00, go home and get to bed by 9:30 on a school night. Staff doesn't feel this would he acceptable to parents. 5. Staff is in the process of setting up a new membership for youth. Our intention is to increase the number of youth who use the Community Center on a regular basis. The youth membership is inexpensive and is designed to make it attractive for the youth of Eden Prairie to use the Community Center. Staff hopes to sell well over 1,000 memberships to youth. Staff feels that changing the open swim time even that 1/2 hour would affect their plans for increasing the amount of youth who use the center regularly. 6. During the recent park bond referendum. we heard over and over again how the general public wanted open public sessions Ir protected. Staff feels it would he a mistake to change our open public sessions time now. There are no easy solutions to changing any of the times listed above. Staff recommends the high school requesting an additional 1/2 hour from the Foxjet program. The reasons are as follows. 1. On the priorities listing, the high school has priority over the Foxjets. 2. Right now, the Foxjets have 3 hours of practice time and the high school two hours. By giving the high school 1/2 hour of the Foxjet time, both would have 2 1/2 hours apiece. 3. This 1/2 hour of time, taken from the Foxjet program, would only be for the months of Sept., Oct.., and part of Nov. The Foxjet program runs year round, and the staff at the Community Center feels we could make up that 1/2 hour lost over that two months at another time. 4. It is hoped that the Foxiets can adjust their schedule and move to earlier times the days that the high school girls team has meets. It is also hoped that we can work out morning swim time for both the high school and the Foxjets. ag90 Demands for additional time, by soups and individuals, will be increasing at- 1 the Community Center, as programs and the City of Eden Prairie continue to grow. Presently, we are at capacity for ice rentals and swimming. Our weirtht room nod racquetball courts are at capacity for the six winter months. Waiting lists are developing in all skating and swimming programs. People are being turned down in those program. This puts staff in a precarious position, similar to that discussed above. • 2091 Eden Prairie Foxjet Swim Club Tad Hauck, Head Coach { r 17923 Lor Way,Edon Prairie.Mn.33344 September 19, 1989 Mr. Tom Eastman 16700 Valley View Road Eden Prairie, MN 55346 Dear Mr. Eastman: I am writing in regards to the Foxjet Swim Club's request for an extra half hour of pool time from 7:30-8:00 pm weekdays. As you know the Foxjet Swim Club has grown steadily over the last two years. Once again this fall we have experienced excellent new swimmer registration and presently have over 120 swimmers. During the summer we have a full three hours of pool time (4:30- 7:30 pm) and feel that we are able to run the five groups within our program efficiently given that amount of time. The proposed extra half hour would once again give us three hours and would enable the club to move the oldest two groups back one half hour and one hour respectively. This would allow us to work exclusively with our most inexperienced swimmers and our newest members for the first hour each day. We feel this is very important for the continued growth and health of our club. / ' Tom, specifically what we are asking for is four lanes (meters) from 7:30-8:00 pm-Monday through Friday. This schedule would be in effect through Friday, November, 17th, which is the end of the girls high school season, at which time we would return to our 4:30-7:30 schedule. The high school boys team under Tad's direction will practice from 2:30-4:30 daily during the winter season. ' Thank you for your interest. We look forward to your reply. (Sincerely, L)ant4,44 Bernie Weber Club President 347-92 (o fic Tad Ha k Head Coach • - t a9V•Z UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION �• Monday, October 2, 1989 City Hall 7:30 p.m. COMMISSION MEMBERS PRESENT: Pat Breitenstein, chairperson; Bud Baker (late), Moe Cook, Karon Joyer, Paul Karpinko, Pat Richard (late) COMMISSION MEMBERS ABSENT: Brian Mikkelson COMMISSION STAFF: Bob Lambert, Director of Parks, Recreation and Natural Resources; Lori Belling, Recreation Manager I. ROLL CALL The meeting was called to order at 7:30 p.m. by chairperson, Pat Breitenstein. II. APPROVAL OF AGENDA MOTION: Joyer moved to approve the agenda as printed. Karpinko seconded the motion and it passed 4-0. III. APPROVAL OF MINUTES - SEPTEMBER 18, 1989 MOTION: Cook moved to approve the minutes as printed. Karpinko seconded the motion and it passed 4-0. IV. PETITIONS, REQUESTS AND COMMUNICATIONS • A. Request from Eden Prairie Foxjets Refer to memo dated September 28, 1989 from Bob Lambert, Director of Parks, Recreation and Natural Resources and letter dated September 19, 1989 from the Eden Prairie Foxjet Swim Club. Lambert said that a letter was received from the Foxjets requesting extending their rental period for an extra one-half hour from 7:30 to 8:00 p.m. The additional time was taken away from them in 1987 when the Eden Prairie Girl's High School Swim Team requested extra time. At this time, the Foxjets have over 120 children in their program. Lambert reviewed the priority use of time as established by the City Council. If additional time were given to the Foxjets, this would take time away from open swimming. Other than for one time events, the policy on maintaining open swimming and open skating periods has not been changed since the Center opened. dd UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Oct. 2, 1989 -2- -- - -- Lambert said he understands the position of the Foxjets, but he does not believe in cutting into open swim time. The average number of people during open swimming is 32 per evening during the week. Giving extra time for use of three lanes at 25 meters to the Fox jets would take away the availability of the diving well from swimmers. Bernie Weber, President of the Foxjets, and Tad Hauck, Head Coach, were present at the meeting. Weber said that the club began with 30 swimmers two - - years ago. At that time, they also incurred a $7000 debt for pool rental. Last year, the club placed second at the state level and this year they have 53 new swimmers over the 60 they had one year ago. Their debt is almost clear and they are requesting an additional three lanes only thru November 17. Cook asked if most of the members of the club live in Eden Prairie. Hauck estimated that 80 to 90% of the members live in Eden Prairie. Richard commented that he is impressed with the quality of coaching for the club. He feels that it would be necessary to close the diving board if the club were swimming in front of it. However, he suggested using an additional one or two lanes and swimming yards instead of meters. Lambert said he feels that this would make sense but questioned how long it would take to change from meters. Hauck said it takes about 7-8 minutes to change markers so this would not be a problem. Lambert added that if five lanes and the diving board were available for open swimming, there should not be a problem with keeping the open swimming period in tack. Hauck said that this arrangement would be acceptable to the club. MOTION: Richard moved to recommend allowing the Foxjets Swim Club use of the three lanes closest to the seating area from 7:30 to 8:00 p.m. weekdays until November 17, 1989. Joyer seconded the motion and it passed 4-0. 2994 1 AGREEMENT REGARDING SPECIAL ASSESSMENTS S.A.A. 89-10 THIS IS AN AGREEMENT MADE THIS DAY OF , 1989, Between the City of Eden Prairie, a municipal corporation, (the "City") and Gonyea Investments, Inc., a Minnesota general corporation (the "Owner"). A. The Owner holds legal and equitable title to property described as Outlot A, Gonyea 4th Addition, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner through the Developer's Agreement, has agreed to pay for one-half the cost of the following: a. Split signal phasing at T.H. 5 and Co.Rd. 4; b. Revision of signal timing at T.H.5 and CSAH No. 4; c. Construction of a right turn lane on Wagner Way at CSAH No. 4. In addition, the owner was responsible to construct an 8-foot bike path along the west property line. The City (through the State's Contractor) will construct a 5- foot concrete sidewalk in lieu of the bike path which will remain the Owner's responsibility (all of which is hereafter referred to as the "Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction of the Improvements. 1 299c 2. The City previously paid for the split signal phasing and timing at T.H.5 and CSAH No. 4 intersection. The material was supplied by the State with the City paying the installation cost of $937.00. The Owner consents to paying half this cost plus accrued interest from April 21, 1987 at an annual rate of 8.5%. 3. The Owner acknowledges that the Improvements referred to herein will be part of a larger construction project involving CSAH No. 4 as it passes the Property as well as other land. The City was presented with Agreement No. PW 27-49-89 by Hennepin County for the construction of a right turn lane on Wagner Way. The estimated cost of the right turn lane based on contract unit prices is $3,021.75 plus 15% for engineering and inspection. The Owner consents to paying half the actual cost plus accrued interest from the date of payment to Hennepin County. In addition, the City was presented with Agreement No. PW 70-49-87 by Hennepin County for the construction of CSAH No. 4 which includes installation of a 5-foot concrete sidewalk along the east side of CSAH No. 4 north of Wagner Way. The estimated cost of this sidewalk based on contract unit prices is $2,887.50 plus 15% for engineering and inspection. The Owner consents to paying the actual cost plus accrued interest from the date of payment to Hennepin County. 4. For purposes of determining the amount of the assessment, the cost of the Improvements shall include, actual construction cost, 15% engineering and inspection, 9% administrative fee and interest on the balance at a rate to be determined at the time of assessments. 2 299(0 5. The City's assessment records for the Property will show the assessment as a "pending assessment" until levied. 6. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 7. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its of`icers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. GONYEA INVESTMENTS, INC. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation BY: BY: Its Gary D. Peterson Its Mayor BY: BY: Its Carl J. Jun ie Its City Manager 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1989, by Gary D. Peterson, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1989, by , its and by , its Gonyea Investment, Inc., a Minnesota Corporation, on behalf of the corporation. Notary Public 4 619433 Resolution No. 89-230 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS TO PROVIDE FUNDS FOR REFINANCING OF INDUSTRIAL DEVELOPMENT PROJECT ON BEHALF OF BURTON J. McGLYNN WHEREAS, the City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469.152 to 469.165, as amended (the "Act"), authorized to issue and sell its revenue bonds for the purpose of financing and refinancing the cost of authorized projects, and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act; and WHEREAS, Burton J. McGlynn, an individual doing busi- ness as B.J.M. Properties (the "Borrower"), has proposed to this Council that the City issue and sell its $2,050,000 City of Eden Prairie Industrial Development Refunding Revenue Bonds (McGlynn Bakeries, Inc. Project), Series 1989, in substantially the form and bearing the terms and provisions set forth in the hereinafter-mentioned Indenture (the "Bonds") pursuant to the Act and lend the proceeds thereof to the Borrower in order to pay in full and refund the outstanding City of Eden Prairie Industrial Development Revenue Bonds (McGlynn Bakeries, Inc. Project), Series 1984 (hereinafter referred to as the "Prior Bonds"), and thereby refinance the costs of acquiring, con- structing and equipping an approximately 32,000 square foot addition to an existing facility at 7752 Mitchell Road in the City, which is owned by the Borrower and leased to McGlynn Bakeries, Inc. for use as a warehousing and manufacturing facility (the "Project"). Forms of the following documents relating to the Bonds have been submitted to the City and are now on file: (a) Loan Agreement (the "Loan Agreement") dated as of November 1, 1989, between the City and the Borrower, where- by the City agrees to make a loan to the Borrower of the proceeds of sale of the Bonds and the Borrower agrees to refund the Prior Bonds and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bonds; and (b) Trust Indenture (the "Indenture") dated as of November 1, 1989, between the City and American National Bank and Trust Company, as Trustee, pledging revenues, including those to be derived from the Loan Agreement, as security for the Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (c) Irrevocable Letter of Credit (the "Letter of Credit") to be dated the date of issuance and original delivery of the Bonds, to be issued by First Bank National Association (the "Bank"), to the Trustee, for the account of the Borrower, securing payment of the principal of, the purchase price for, and the accrued interest on the Bonds (this document not to be executed by the City); (d) Remarketing Agreement (the "Remarketing Agree- ment") dated as of November 1, 1989, between the Borrower and Piper, Jaffray & Hopwood Incorporated, as Remarketing Agent, providing for the terms and conditions of remarket- ing the Bonds (this document not to be executed by the City); and (e) Bond Purchase Agreement (the "Bond Purchase Agreement"), by and between Piper, Jaffray & Hopwood Incor- porated (the "Underwriter"), the Borrower and the City, providing for the purchase of the Bonds from the City by the Underwriter and setting the terms and conditions of purchase; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, AS FOLLOWS: 1. findings. It is hereby found, determined and declared that: (a) Following approval of the Project by the City and the Minnesota Energy and Economic Development Authority, the City duly issued the Prior Bonds, pursuant to a resolu- tion duly and validly adopted by the City Council of the City on December 4, 1984 (the "Prior Bond Resolution"), at a meeting thereof duly and regularly called and held. (b) The Bonds are being issued to refund the Prior Bonds. (c) There is no litigation pending against the City or, to the best of its knowledge, threatened against the City relating to the Project, the Prior Bond Resolutions or the Prior Bonds, or to the Bonds, the Loan Agreement, the Indenture or the Bond Purchase Agreement, or questioning the organization, powers or authority of the City. -3- '4J0U (d) It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture, under the provisions of which the City's interest in the Loan Agree- ment will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds. (e) The Loan Agreement provides for payments by the Borrower to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The Loan Agreement obligates the Borrower to pay for all costs of operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments. (f) Under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and the Letter of Credit and moneys in the funds and accounts held by the Trustee under the Indenture which are pledged to the payment thereof; no holders of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and each Bond issued under the Indenture shall recite that such Bond, including interest thereon, shall not con- stitute or give rise to a charge against the general credit or taxing powers of the City. 2. Approval and Execution of Documents. The forms of Loan Agreement, Indenture and Bond Purchase Agreement referred to in the recitals hereof are approved. The Loan Agreement and Indenture shall be executed in the name and on behalf of the City by the Mayor, the City Manager and the City Clerk, and acknowledged as may be further provided therein, in substan- tially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be con- clusively evidenced by the execution thereof, and then shall be delivered to the Trustee. The Bond Purchase Agreement shall be executed as provided therein. Copies of all documents shall be delivered and filed as provided therein, or as required by law. 3. Approval, Execution and Delivery of Bonsls. The City shall proceed forthwith to issue the Bonds, to be dated November 1, 1989, in the aggregate principal amount of $2,050,000, bearing interest at an initial rate not to exceed seven and one-half percent (7.50%) per annum (which rate shall -9- 0 be approved by the officers executing the Indenture, such aproval to be conclusively evidenced by the execution thereof), in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolu- tion and made a part hereof. The Underwriter has agreed pursu- ant to the provisions of the Bond Purchase Agreement, and subject to the conditions therein set forth, to purchase the Bonds at a purchase price of 100% of the par amount thereof, and said purchase price is hereby found to be favorable and is hereby accepted. The Mayor, the City Manager and the City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by Section 2.08 of the Indenture, for authentication, registration and delivery to the Under- writer. As provided in the Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital, to the extent permitted by law, shall be conclusive evidence of the validity and regularity of the issuance thereof. 4. Certificates. etc. The Mayor, City Manager, City Clerk, and other officers of the City are authorized and directed to prepare and furnish to bond counsel and the original purchasers of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Prior Bonds and the Bonds, and such other affidavits and cer- tificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 5. Filina with County. The City Clerk is authorized and directed to deliver a certified copy of this Bond Resolu- tion to the Director of Property Tax and Public Records, acting as County Auditor of Hennepin County, together with such other information as the Director of Property Tax and Public Records may require, and obtain the certificate of the Director of Property Tax and Public Records as to entry of the Bonds on the Director's bond register as required by the Act and Minnesota Statutes, Section 475.63. 6. Election Under Internal ReYynue _CQd_e. The City Council hereby elects that the provisions of section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended (or, if applicable, Section 144(a)(4) of the Internal Revenue Code of 1986, as amended), permitting the issuance of bonds in an aggregate principal amount up to $10,000,000 under certain conditions, shall apply to the Bonds. 1815d -5- 3ooa ' Public Storage Inc. 9033 LYNDALE AVE.SOUTH,SUITE 101,BLOOMINGTON,MN 55420 (612)888.3095 October 3, 1989 Mr. Mike Franzen Senior Planner City of Eden Prairie 7500 Executive Orive Eden Prairie, MN 55344 re: Appeal to City Council for Guide Plan Change, PSI Addition #2 Dear Mr. Franzen: This letter is to confirm our telephone conversation of Monday, October 2nd. As you recall we discussed a change or continuance from the City Council agenda on October 17th, to Tuesday, November 7th. We will work towards a more effective presentation to convince the council that the use is appropriate and that there is a compelling reason to change the guide plan. We will keep your department appraised of any changes we may elect to make prior to the November 7th meeting. Thank you for your attention to this matter. Sincerely, Donald Jensen, ASLA Development Coordinator, PSI DJ/mhr { E &x 3 STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: September 22, 1989 PROJECT: Sandy Pointe LOCATION: East and west of Corral Lane, south of Red Rock Lake APPLICANT/ FEE OWNER: Sandy Pointe Partnership REQUEST: 1. Zoning District Change from Rural to R1-22 on 6.0 acres. 2. Preliminary Plat of 11.2 acres into 13 single family lots, 2 outlots, and road right-of-way. Background This 11.2 acre site is currently guided Low Density Residential with c�i approximately 6.0 acres zoned RI-22. \ Surrounding properties on all sides Mc w,,,,= , -.. are also guided Low Density cn). Residential. Specific land uses in this area include large lots, zoned I " • \ \ `-j, Rural to the south; Boulder Pointe, - >s r^ ` .NE'c F zoned Rural to the east; and the —"' 1 Eden Hills 1st Addition, zoned R1-22 - )�eaa to the west. Red Rock Lake abuts — �_\ "�oex . this property on the north and east i -- PROPOSED SITE sides. The proponent is currentl y j' 1 ml--r-T1, \.•/4,de ` `-' requesting a Zoning District Change R ,pi•�� . ;� from Rural to R1-22 on approximately PUB' -4j. • •:•:;`o.' 6.0 acres to allow for the :`: ;l. T 'o•' construction of 13 single family ' i ,�� ��.�' lots. �`` ..••.«,.;' Site Plan/Preliminary Plat -r` -� -1 ,>�.p, PUB r�, _ .1.� `•o• The site plan depicts the sub- j i I I i •, i, division of the 11.2 acre property L� l / into 13 single family lots, 2 /UB •'%""•1`'j'• outlots, and road right-of-way. A '-/ {' r density of 1.16 units per acre is - • T 1!`' ` `- proposed. Lot sizes within the 1 i`�� 2 '�' subdivision range from a minimum of `�'�' rrawrsr ~ �,r 22,000 square feet to a maximum of AREA LOCATION MAP 2ockt < < Sandy Pointe 2 September 22, 1989 74,000 square feet. The average lot size is 30,265 square feet. All of the lots meet the minimum requirements of the R1-22 Zoning District. Outlot A, a remnant parcel containing approximately 315 square feet to the south of the proposed Mitchell Road extension, should be combined with the adjacent property at time of development. Outlot B, containing approximately 20,200 square feet is to be placed under common ownership which would allow the homeowners within the Sandy Pointe subdivision access to Red Rock Lake. Access Access to the subdivision will be provided by the future extension of Mitchell Road to County Road Al along the south boundary of this property. A feasibility study is currently underway for the construction of Mitchell Road. Because this subdivision relies on access from Mitchell Road, 2nd Reading and final plat approval shall not occur until the contract for Mitchell Road has been awarded. It is the City's intention to begin construction in the spring of 1990. The extension of two cul-de- sacs from Mitchell Road will service the actual project site. With the review of the Red Rock Ranch proposal in 19B2 - 1934, numerous discussions were held concerning the Corral Lane connection to Mitchell Road with ultimate development. In a report dated January 6, 1983, Staff recommended that the connection from this development (Red Rock Ranch) to Corral Lane could be made as one of the alternatives illustrated (see Attachment A). Specifically, Staff recommended that "the connection should be made in the future for the inter- connection of neighborhoods and to provide two ways out of Corral Lane. The connection should not be made in such a way as to encourage the short cutting of the County Road #1 and County Road #4 intersection. The road connection shall not be made until the extension of sewer into the Corral Lane area and reconstruction of the roads has taken place." This recommendation was included in the the March 27, 1984 Developer's Agreement between Robert H. Mason, Inc. and the City of Eden Prairie. The Eden Hills 1st Addition neighborhood remains extremely concerned about the connection from Corral Lane to Mitchell Road and the possibility for short- cutting traffic which Staff agrees may occur. In regards to this issue, there are two alternatives for the Planning Commission to consider: 1. The Planning Commission may take into consideration neighborhood and Staff concerns regarding the short-cutting of traffic and recommend that Corral Lane end in a cul-de-sac on Lot 26, Eden Hills 1st Addition. This would allow for a closed neighborhood, however would result in Corral Lane ending in a 1,300 foot cul-de-sac while Cedar Ridge Road would continue to be a 1,600 foot long cul-de-sac. 2. The second alternative for the Planning Commission to consider would be to require the connection made as shown on the plans when Corral Lane and Cedar Ridge Road are upgraded. The design for the connection of Corral Lane would be one-way street with a median in Sandy Pointe Road which would allow only a right in, right out from that subdivision. This would deter the traffic from short-cutting the neighborhood from Mitchell Road to County Road #4 but provide an additional way out of the neighborhood for residents and emergency vehicles. 3. The third alternative would be to leave Corral Lane as it is currently platted and not provide a connection to Mitchell Road. 3U�S < < Sandy Pointe 3 September 22, 1989 The proponent is requesting that the existing Corral Lane within the property be vacated and realigned as indicated on the plans. The current platted right-of-way is approximately 30 feet from Red Rock Lake while the proposed Sandy Pointe Road will ultimately be approximately 200 feet from the lake. The purpose of the road realignment is to allow for the development of lots adjacent Red Rock Lake. With the current Corral Lane right-of-way, five lots could be subdivided from Lot 27, Block 2 which was originally platted with the Eden Hills 1st Addition for a total of 12 lots overall. The proposed realignment would allow for 13 lots. Transition The Eden Hills 1st Addition was platted in 1956 with lots ranging in size from approximately 22,000 square feet to lots in excess of three acres. The average lot size within the subdivision is approximately 44,400 square feet. However, 21 of the 29 lots are less than 1 acre in size. The average of the lots which are less than 1 acre in size is approximately 32,650 square feet which is comparable to the average lot size proposed within Sandy Pointe. Lots directly abutting the proposed subdivision range in size from approximately one acre to a lot exceeding three acres. The densities of the two projects are comparable at approximately one unit per acre. To provide a transition between existing single family neighborhoods and infill developments, the Planning Commission and City Council have considered making abutting lots the same size or matching lot lines. Historically, this has not been done in this area as indicated by the Red Rock Lake 1st Addition platted directly to the north. The abutting lots within this subdivision are 26,400 square feet in size. Although the abutting lots within Sandy Pointe meet the minimum requirements of the R1-22 Zoning District, the Planning Commission must decide whether these lots are compatible with the overall development in this area or whether additional transition is needed. If this development is not compatible, the Planning Commission may consider a reduction in lots to allow for an increase in lot sizes adjacent Eden Hills 1st Addition. Grading Elevations on this site range from a low point of approximately 839 adjacent Red Rock Lake to a high point of 874 along the west property line. Maximum cut and fill amounts on the project range from approximately 16 feet of fill at the intersection of Mitchell Road and Sandy Pointe Road to approximately 8 feet of cut to the rear of Lots 1 and 2, Block 1. The entire site is proposed to be graded to allow for building pads with the exception of the 100 foot shoreland setback. The tree inventory indicates a total of 564 caliper inches of significant trees on this site. Based upon the building pad for Lot 10, Block 2, 94 caliper inches of significant trees will be removed. A tree replacement plan for 21 caliper inches must be submitted prior to Council review. Utilities Utilities are available to this site through connections made to the Red Rock 8 interceptor which is located on the property. Sanitary sewer will be extended to Corral Lane with this development. Water service will be provided through connections made to a future water line which will be placed in Mitchell Road. ?v))f 0 Sandy Pointe 4 September 22, 1989 Storm water run-off is proposed to be collected within a catch basin system and a storm water detention pond located on the south and east side of Mitchell Road and discharged into Red Rock Lake. Detailed storm water run-off, utility plans, and erosion control plans will be required for review by the City Engineer and the Watershed District. Shoreland Ordinance Because this property is adjacent to Red Rock Lake, which is classified as a Recreational Development water, the following requirements exist: 1. Minimum lot size - 20,000 square feet. 2. Minimum width at the building line is 120 feet. 3. Minimum width at the Drdinary High Water Mark is 120 feet. 4. Minimum building setback from the Drdinary High Water Mark is 10D feet. All of the lots meet the minimum requirements of the Shoreland Ordinance. In locations where homes abut significant natural sight features such as lakes, Staff has recommended that building pads be 70 feet in depth. Due to the shoreland setbacks, the road location, and the location of the sanitary sewer, the building pads on Lots 7-10, Block 2 are not 70 feet in depth. The building pads on these lots measure from 45 - 55 feet in depth and have widths ranging from 65 - 140 feet. Building footprints range from 3,2D0 square feet to approximately 6,000 square feet. The proponent has submitted a series of building plans which indicate that homes ranging in value up to $300,000.00 can be constructed on these lots within the proposed building pads. The Planning Commission may consider the location of Sandy Pointe Road, the location of the sanitary sewer and the width of the lots as reasons to allow building pads less than 70 feet in depth. Pedestrian Systems Plans indicate an 8 foot bituminous trail to be constructed along the north side of Mitchell Road. To provide access to the trail system, the developer shall install a 5 foot concrete sidewalk along the east side of Sandy Pointe Road. STAFF RECOMMENDATIONS If the Planning Commission feels that the site plan as proposed is not compatible with the adjacent neighborhood and that additional transition is needed, Staff would recommend the elimination of one lot along the west side of Sandy Pointe Road to allow for increased lot sizes. With this revision, Staff recommends approval of the request for a Zoning District Change from Rural to R1-22 on 6.0 acres and Preliminary Plat of 11.2 acres into 13 single family lots, 2 outlots, and road right-of-way based upon plans dated August 11, 1989, subject to recommendations of the Staff Report dated September 22, 1989, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the plans to reflect a 5 foot concrete sidewalk along the east side of Sandy Point Road. 2,011 Sandy Pointe 5 September 22, 1989 B. Revise the plans to either reflect the elimination of the connection from Corral Lane to Sandy Pointe Road or to reflect the design of Corral Lane as a one-way street with a median in Sandy Pointe Road. C. Submit a tree replacement plan for 21 caliper inches. D. Revise the plans to depict the elimination of one lot along the west side of Sandy Pointe Road. 2. Prior to Final Plat approval, proponent shall: A. Provide detailed storm water run-off and erosion control plans for review by the Watershed District. B. Provide detailed storm water run-off, utility, and erosion control plans for review by the Watershed District. 3. Prior to grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. 4. Prior to building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Submit detailed building plans for Lots 7 - 10, Block 2 which indicate compliance with the Shoreland setbacks. The proponent shall agree not to request variances on any lot abutting Red Rock Lake. 5. Second Reading and Final Plat approval shall not occur until the contract for Mitchell Road has been awarded. 3001 ., . ....7_,r, • . '� 1.L i i i • `` fi I - . (• ! 1 '..)". • a "-' . ' ..' '1 -: .. \\*; ..(• \ --.\'': i `ce, • " -ea * C. ', ‘....... -5,, •_,,r,, .... . .: 0 . y / f t CU s_ .o n� 4a '.ram 9 .R;,\ . : p -2 \\\ i V i A, .....„.\ . \ 0„,,,. ... • ,. . , ....:, 1 • `\ 1 4 • a _ / 1 TV' �' '�C �,. : \ \ - vid L 1 \3\\, IN ( s 1� i , ) rL C € c 7 o t 3 L f , 1 r y, , _.1 -=--; - ._�i ,,- 1. (Xkl - ATTACHMENT A 1 ,. ,. ) — „ , -.• i . 4• \ \\% I -7-- V t,k t 4 sr.-Slit. Iii . ' • lib -4111.1 ...iigk, 0 IIV 1110P104 -...e_z • w/ 411k ot. . . III a**4 At''' ... <es-52, -._ • . .. „ ;,______... •.\: ...„ ...., 8 , . , . / >% 1 i• " ii A V. $ / /)•.:,,.. 1 . .'',... ' 0 z - • - li: -.weak tio . .1' Ali . -rid. `'• -- -; . . : . ; AA.••.1.0 I.. )1 '1 ". .. .....,..././ 3010 1 UkiAPF c\,'EI� Planninj c..vuniosion Minutes September 25, 1309 MOTION Anderson moved, seconded by Ratter to recommend to the City Council denial of the request of Public Storage Inc. for Zoning District Change from Rural to nffi.-e, Neighborhood Commercial, and I-2, with variances to be reviewed by the Board of Appeals. Motion carried 6-0-0. MnTIU q: Anderson moved, _oeonded by Bauer to recommend to the City Council dental of the request of Public Storage Inc. for Preliminary Plat of 5.38 acres into ::hr.ee lots and road right-of-way. Motion carried 6-0-0. MOTIgy_5: Anderson moved, seconded by Bauer to recommend to the City Council denial of the request for a Site Plan Review on 5.38 acres for construction of 54,137 square feet of office, commercial, and industrial land uses. Motion carried 6-0-0. C. ,SAN_DY..POiN3 , by Sandy Pointe Partnership. Request Eor Zoning District Change from Rural to R1-22 on 6.0 acres, Preliminary Plat of 11.2 acres into 13 single family lots, two outlota, and road right-of-say. Location: East end west of Corral Lane, south of Red Rock Lake. Bob Smith, representing the proponent, stated that Lot 27 on the west side of Corral Lane was presently zoned R1-72 and the parcel to the east of Corral Lane was zoned Rural. Lot 28 was a recreational lot for the Eden Hills subdivision. Lot 27 was exempt from the covenants of the Eden Hills subdivision. The proponent had investigated three possible road alignments; 1) leaving Corral Lane in its present location to allow the development of 6 lots on the west side, 1 lot on the peninsula, and 6 lots on a cul-de-sac, 2) Corral Lane would he moved to the western border of the property allowing the development of 7 lakeshore lots, or 3) the connection between Corral Lane and Mitchell Road as per the Staff recommendation. The project was design for 13 lots at 1.1 units per acre. The lot sizes and widths would ue equivalent to that of the Eden Hills development. Two of the lakeshore lots would not meet the 70-foot building pad sees, the plan proposed 50-foot pads. Trees would not be removed alone the Lakeshore; however, some trees in the southern portion of the parcel would he removed. Samlat.ad asked Smith if the two loto on the west :isle of the road waul..l have any recreational space due to the steep grade for the rear yards. Smith replied that would he an opportunity far retaining walls and terracing Planning commission Minutes I September 25, 1989 to be used on these lots. Sand .t•ad then irked if the slope would be 3-to-1. Smith replied yes and added that there was a swail which discharged he water around the site. • Franzen reported that transition to the existing Eden • Hills subdivision was a key issue. Staff recommended the proponent reduce the project by l lot by combining lots 1 and 2. The plans should be revic.•d 1e -liminate the connection Eros Corral Lane to .^..;cnIy Point Road or design Corral Lane as a one-way street with a median at Sandy Pointe Road. Final Plat approval and 2nd Reading should not occur until the contract for Mitchell Lake has been awarded. Anderson asked if Staff was concerned about the 50-foot building pads along the laF:eshore. Franzen believed that based on the dimensions of the two rots the proponent would probably construct a longer and narrower home on these sites. Anderson then asked if decks could be built on the lots. Franzen replied that the print only showed a possible footprint; however, decia ,would a . 1,e allc.wed because of the easement on the lots. Anderson asked if any sidewalk or trail system was proposed. Smith replied that a sidewalk was proposed along the east side of Corral Lane and 8-foot bituminous trail along Mitchell Road. Ed Martin, 15810 Cedar Ridge Road, President of the Eden Hills Homeowners' Association, stated that th- neighbors were not opposed to the development of the neighborhood; however, they would request the rejection of the plan as proposed. Martin believed the density of the project was too high and questioned if the plan as designed was • compatible with the adjacent lots. Lots 1, 2, and 2 were barely 22,000 square feet and abutted lots which were over one acre. The position of lots 1 and 2 would require an 8-foot cut in grade, which would create a hardship for the lots in the Eden Hills subdivision. The alignment of • Corral Lane should remain as platted currently. Corral Lane currently acts as a natural barrier for the lake. Martin believed that Eden Prairie needed more green space • and proposed that only 2-to-3 homes be developed in Lot 27. The neighbors would prefer that access to the new development be from Mitchell Road and that the cual-de-sac remain closed. Martin believed that opening the cul-de- sac wools encourage short-cuts fro,.,, Mit. hell Ruc; to County Road R9. :flan Jarman, 15710 Corral 7,ane, .tzt?d that the reel hborhood of Eden Hill:; was a quite neighborhood and believed that the new development would increase the traffic. Jarman was concerned for the safety of the children in the neighborhood with the traffic increase. Jarman did not believe that .a directional island would ' 0106 Plaening Coemieeiou Mieutes September 75, 1959 help decrease the traffic. Mikes ?unck, 15702 Cedar Ridge Read, stated that he lived •adj,+ceut to Lot 27 and conenrred with the recommendation by Martin to limit the level._ tn.-nt to onli .-te-- homes on Lot 27. Junck was concerned that his Lakeview would be taken away. Floyd Hagen, 15002 Cedar Ridge Rowel, stated that the recreational are•., was protected by covenants and had always been considered as part of the neighborhood. Hagen was concerned about the density of the project and the impact of -to-3 story homes in these locations. Hagen was also concerned about the increase in traffic. Hagen questioned how the use of the beach area could continue to be restricted. Hagen was concerned that the Homeowners' Association members would now be cutoff from easy access to the recreational lot. David Newman, 6959 Tartan Lane, believed that this project would impact his property, even though the development was not adjacent to his property. Newman questioned the impact a zoning change would have on the need for additional City services, the impact on property taxes, the Impact on the current inventory of existing horn ,,, and the affect on current sales and pricing of existing homes in the area. Newman believed that this item should he tabled until answers to these questions could be obtained. Virginia Gartner, 15701 Cedar Ridge Road, stated that Lot 27 Ws—. .actually flat and sloped to the lake. Gartner believed that the plans which showed a steep elope en Lite two lots to the west of Corral Lane were deceptive. Gartner believed that the density of the project was too high. Smith believed that the lot values and home values would provide a transition. The value of the homes would be approximately $300,000. Smith stated that the beach would remain a private beach. Smith noted that Lot 27 was currently zoned for R1-22 development. The two lots to the west of Corral Lane could have retaining walls built as the area above this was the flat area referred to by Mrs. Gartner. 0andet.ad stated that he would not be in favor of the cul- de-sac without a connection between Corral Drive and Mitchell Road. Martin et.at.d that the neighberr were willing to dr ee around to County Road 01 to gain access to the recreational area and preferred the cleeed cul-de-sac. Hallett stated that he believed that the project was too 3UI6C Planning Commission Minutes 6 "elet.embe=r 25, 1111 crowded; however, he 'lid not :ei ieve that only 2 or . lots was reasonable. Hallett believed that the proponent should he more sensitive to the concerns of the existing neighbors. Bye stated that the road as proposed by the proponent • would act as a transition. Anderson stated that the neighbors seemed to be more concerned about the visual impact of the project, rather than transition. Hallett did not believe that legitimate reasons fur denial of the project had been presented. Hallett asked if the lots on the west side of Corral Lane could be kept at the present R1-22 zoning. Franzen replied yes. Sandsted believed that if the plan was reduced by 1 lot as recommended it would be more acceptable. Bye aeke-a what help could be given to protect the view of the existing homes. Franzen replied that if the covenant restricted the development of only 1-story homes it would be the responsibility of the property owner to enforce the covenant. Smith replied that the existing homes were 60 feet higher than the proposed homes and that a 2-story home would be approximately 20 Eeet in height, which should not restrict the view of the lake. Junck stated that he was concerned about the view being blocked by the proposed location of the corner home on the peninsula. Martin stated that he would like to readdress some of the issues raised tonight with the Association members. Smith noted that the layout as proposed met all ordinances. Anderson stated that he would like to see continued cooperation between the neighborhood and the proponent to work out a reasonable solution. Smith stated that two neighborhood meetings had already been conducted. Smith further recommended that the proposal be considered as presented with the removal of 1 lot. Bye stated that she would like to have Public Safety review the road alignment issues. Smith stated that Public Safety had referred the matter back to Planning staff. Martin. 'stated that the r:,e?ight,orhood wanted to live with the 12.00 foot cul-de-sac and did nut under:;t•-and the need to change this. Jim Zaechran, the developer, stated that he did not want. to �u10 O Planning Commission minutes ^-.e,temb r 21, 1939 Coral Lane make the connection to K:'.,t.,_1'_ .,d and had proposed the one-way as ..in alternative:. Zachman stated that the expense of snaking the connection to Mitchell Road would need to be offset by the cunritrt:c:t:ien of higher priced homes on thy-• .its•. Zachman added that !he• was in agreement with the neighborhood that the connection to 11.. .'_ 11 ti—zl should nut he made. 6Or"3I Lane Sand,ted believed that the proposal should be developed as • planned with the elimination of 1 lot .as recommended by Staff. Sands tad believed that: the connection should he made to Mitchell Road. Zachman stated that the road alignment had been discussed in depth. To make the connection to Mitchell Road it would require the development of $300,000 home_ to cover Hutt costs of the connection. Zachman stated that he wanted to have the right to develop the property without disturbing the existing neighborhood. Bye stated that she could support the cul-de-sac proposal with a walkway. Franzen recommended the consideration of the cul-de-sac with knock-down barriers. Bye believed that the character of the existing neighborhood should be protected. MOTION 1: Sandstad moved, seconded by Anderson to close the public hearing. Motion carried 6-0-0. MOTION 2: Dodge moved, seconded by Bauer to recommend to the City Council approval of the request of Sandy Pointe Partnership for Zoning District Change from Rural to R1-22 on 6.0 acres for single family residential development to be known as Sandy Pointe, based on plans dated September 22, 1989, subject to the recommendations of the Staff • Report dated September 22, 1939 with the clarification that Corral Lane end at Lot 27 and that 1 lot of Lots 1 and 2 be removed. Motion carried 6-0-0. NOTION Dodge moved, seconded by Ease.: to recommend to the City • Council approval of the requc t of Sandy Pointe Partnership for Preliminary Plat of 11.2 acres into 12 single family let_,, two outlst:; and road right-of-way, for residential ial development to be tniwn ;as Sandy Pointy, Lased on plans Laced on Diana dated September 22, 1939, ,albject to te recommendations at '- rc Staff Report dated September t 22, 1929 with the clarification that Corral Lane end at Lot 27 and that 1 lot of Lot a 1 and 2 be removed. Motion Planning Commission Minutes, 3 ,.ptcn:ber 77,, 1939 carried 6-0-0. D. Mrn^FHEAD. Request fur Zoning Di.:t: .t: Change from R1-27 to R1-13.5 on 1.77 acres, wit:; to he reviewed by the Board of Appeals, Preliminary Plat of 1.77 acres into four single family lots, two outlots, and road right-of- way. Location: 9969 Bennett Place. V. llLC ZU.s..JI_;,S Vi. NESr' Pit_;INFL^ VII. PLANNRRR'. FFPnRT VIII. urlpuuMENT �,oio F ( 15001 Cedar Ridge Road Eden Prairie, MN 50747 September 25, 1909 Mr. Chris Enger, pl ,,miny Director Planning Commissicw City of Eden Prairie 7600 Executive Drive Eden Prairie, Mn Eh144 RE: Sandy Point Deeeinpment Proposal Dear Mr. Eager and eembers of the Planniee Commiselee: I am writing personally to outline some runcerns about the development as p; epoeed in hope that they may a :a._„( in reaching an equitable and apernimiete plan. The followiee items are in no significant order, but ore of SOMQ concern. be order is not significant. 1. DENSITY The ever age let size of this neighbrehood is 1.11 acres, or 44 400 square feet. Staff notes that S of the 29 lots, or 27.5% of them exceed one erre - while and the other "ril% still average .81 acres at 72 650 sruere feet. The develuper propoee en average of 70 265 feet, or. .76 ecru lots. However, a% over 20% of Edon mills largest lots are remeved to make the comparison, 20% of the proposed lots should be eliminated which would indicate ':hose proposed to be significantly smaler then those of Eden Hills. Thi5 is particularly true of those lo's% immediately adjoining the prreosed development so a reasonable transition is desirable. 2. EDEN ..HILLS 'TXREATTONAL. OUTLET Please notc that as a per of Eden Hills, anti part of the plat which includes the corral, all Eden Hills homeowrers on the specified lots have access to the association's reereational lot and beach. These rights should be protected in any development. 3. ALIGNMENT 07 CORRAL LANE As this was part of the plat uf this neighborhood, end so was understood as the development potential on which reliance wee made by property owners, its:,ould not be altered. 4. ACCESS III the staff report we note the reference to the concern over cul-de-sau outlincd in item 1. Please note that the discussed approach does eot result in the cul-de-see, for this situation hi',existed for over 70 years on the accepted and registered plat upon which the neighborhood was developed. Please note also that Public Safety in the east has noted that our seighborhood association coupled with oee limited access has been m important factor in minimieing proble,ms of hurglary, vandalieen ond other issues which could be ire:) eeeed by more reedy and frequent Cre 'i of other roade. We believe the proven benefits of this ovee 10 year old situation • should not b eopardized by such development. 4 a;011 1 ( ( ) In addition, I . litive that the protilems of tr . lit: cutting through i- to avoid the in:. ..isingly congestod intersect: in of Eden Prairie 14, Road and Pioneer r. ail plus that. which can be ex, cted to arise from Mitchell and Pioo.,or Trail poses a safety hazer . ,..:i the residential I. community as We as needlessly increasing not -.: ,ill pollutinn with no benefit to this neighborhood-community. 1 ., 5. CONFORMING ElirLDING TYPES In our develcpment, because of aesthetic consider itions, homes on the outer peri.iieter were generally limed to single level homes. It would seem appropriate that some height restrictioes apply to the proposed howcs 'hat by excessive heights a non-i ..ositional development could snfairly undermine property values. 6. LAKESHORE PRE7ERVATION In the staff report i.,:, rote their concern over the project', inability to conform with It desired 70 depth for building fonlorint because of the development outline. It would appear that this largely results from the density being sought, i.e. a lower density mis,ot unable conforming developmenC. I believe this is a preliminary hearing, but oish to record these concerns that tho :,est and most appropriate devnlonment will enhance and not be detrim9ntal to our City and this neighborhood. Thank you for' considering th,m in your' deliberations. Respectfully submiltA, f4aix,p4„,/ . • Eden Hills Sant y Pointe I ! i 1 ! ( 301: . C C MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Robert A. Lambert, Director of Parks, Recreation and Natural Resources FROM: Barbara Penning Cross, Park Planner DATE: September 29, 1989 SUBJECT: Supplemental Staff Report to the September 22, 1989 Planning Staff Report on Sandy Pointe The Planning Commission approved this 11.2 site, located on the southwest shore of Red Rock Lake with several recommended changes after listening to neighborhood input. 1. In order to create a better transition Lots 1 & 2, Block 1 should be combined to form just one lot. 2. There was much neighborhood opposition to the connection of Corral Lane to Sandy Pointe Road and eventually out to Mitchell Road. In lieu of this input, the Planning Commission recommended that Corral Lane end in a cul-de-sac on Lot 26 of the Eden Hills development. Specific issues the Parks, Recreation and Natural Resources Commission should address are: SHORELAND MANAGEMENT ORDINANCE: Red Rock Lake is classified as a recreation development lake and restrictions are set for lot width, lot size and setbacks. All of the lots within this subdivision meet the minimum requirements of the Shoreland Ordinance. GRADING AND TREE PRESERVATION: The site is generally sloped toward the lake and with the exception of a 100' shoreline setback, the entire site will be graded. Five hundred and sixty four caliper inches of trees exist on the site. Ninety four caliper inches of trees will be removed, which is a 16.5% tree loss. A tree replacement plan, meeting the tree preservation guidelines, will be submitted for Council review. PEDESTRIAN SYSTEMS: An 8' bituminous trail will be constructed along the north and west side of the Mitchell Road extension. The pedestrian systems in the area will be affected if Corral Lane ends in a cul-de-sac, or if it is connected Sandy Pointe Drive with a through street. The Parks, Recreation and Natural Resources Department staff has the following recommendations concerning the pedestrian system: t (7 1. A 5' concrete sidewalk should be installed along the west side of Sandy Pointe Road. This will provide residents access to Outlot A, which will be the lake access owned by the Home- owner's Association. This sidewalk will also connect to the trail system along Mitchell Road providing easy access to the neighborhood park as well as other areas within the City. 2. If this plan is approved with a through street, staff recommends a 5' concrete sidewalk be installed on the south side of Corral Lane when it is improved in the future. 3. If this plan is approved with a cul-de-sac, an 8' bituminous trail should be installed through the platted right-of-way to allow pedestrians and bicycle connections between the neighborhoods. The Eden Hills Homeowner's Association owns a small park and a 20' strip of land adjoining the lake. Outlot A of this project directly adjoins Eden Hills park and will also be owned by the neighbor-hood association. The intent is to provide lakeside recreation to the residents within the project. As far as staff knows, relations between these Homeowner's Association's are friendly and facilities can be shared. Questions do arise if this arrangement should ever change in the future. The pedestrian connections mentioned in this report are the only way for Eden Hills residents to have access to their park and it is the only way Sandy Pointe residents can get to County Road 4 without going all the way along Mitchell Road to County Road 1 and then out to County Road 4. Staff recommends approval based on the Planning Staff Report and this supplemental report. BPC:mdd • 1 .N1`i • -4--( i . • 1 \ ''''). 1 447 •• , , 1 it , u ‘ . . ..., — ; s .• • • . . i'I. 43 .- . • • 1st ..i. ' • x ---- ' ^ . . . ki I ' \ .••••• • ..,.. i . 1:. . • • 'I • '• • • 1 • 0 • • • 1 • i .......-...- . I • • • ) i . • . . • .t , . • . • . , . . •,:. 'Wt \ 511131,,R 7.144•111,fi! gSV/ --- , ,,./{tI• -;-,•4,..,-,:'''.',"-::: :1,:: .... ..tl - -. •••• • . • . •. A\ ''-' ‘'‘.74 '7..0,E-H:- ''':;4ffl::',I'l ••• ..- • •••"' / 1:- 7.:',. •1:- 7.7--:' .--...t_- ;:k? : i', : ..- •:. :!c2-, i dt .:... %C. ....4 • 3,..:•••••• ... 44.4... .1.:,..1 0,,, • . ‘„,,,,,,.... •ll 's,i!..:, ' - i•.•x • i \ • -... 1 • I. ."7,:''. n 4.. &.,\ r •;,.. ,) . ..... F' ••''!", 2i!''' # -''' \ , ... .?r,,, ..f, C'-*.) li. ' V..., , , , "' .. 1,7'-...,....e;• 4. 7,,,..—-e,..--,-..- -*; ,---. .1\ .; a.U 1 ' I . .. '4;:".n •t 1'1.,,, - - . •••• ' •'''' i' 0/4,,,,.•-• ' e."- ' • N• I Sr... 1 . 6i. ..,• S ‘... dr ... 'r.!I ••,s,:,,i'-'s LI,k •:'.4•••.„ e d 0, •• . '1 -Cr >- ' Ic., i:j• . . '• • • 4 s f^ .. %,.., ;, .' ',. C:•• . (NOS : : V 0 .,'-' •,- -• " ' •in• dig W.e • . i'•.'•!. Y.-.•.i;.\..,,•?.. .•• ''';'•• Z Tr,' 1 . .,• • ..- I t. .., .. i '' • i•1° i I ."'i;,. t ++ • ' 4'ta• # „,,. ., i fi'V •• ••• .2 „V., .• ''...• P..c„, ,..•.`•ir.f 2 . .4 • c•••••, ..X ••• 7. 0 1. '•: 1 .... • ••-2 i, ' is.'• 1 ' . ..;-'••.. :.1"-V..;g ,• ; . • . ,D••• .... 0.,1,i(d. A P.'.,;1C..dA:.•',,'•:,, 1.=, 1-1.-1 1 3,;,'•''-';' - .' "'"...' .2.;'.*•i'.46/0•..< .'•'.'.i."I.•la f:v„-...o.'...4:•-::l1,':',,k'•..: . =wacI1.",.-,.0!)•• ••••>'a771g 4 i i ‘_•,I;!••IrA''•,• i''.'s•'t9.‘'V,r;t.:—.'—..i.'11:'11 i. ;.. 4`4' ?. .,1 ..•, - • , ., t. 0 , ,x .1. , ._•,__.___..- ,,_--7-,•,----,,, ,. -----7;-7.-7,- 7r,.. . — r `'Nr>• . I,. .1...2„..........r.j.;...e , • ° ••••• •I' 4.4. . 4. it• ".-r ... ..5•••• :'1 '16,, , . ° 30Ic ' .4 4: 1 „.. ... UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. a NATURAL RESOURCES COMM. Oct. 2, 1989 -3- V. DEVELOPMENT PROPOSALS A. Sandy Pointe Refer to memo dated September 29, 1989 from Barb Cross, Landscape Architect and staff report dated September 22, 1989. Bob Smith of Krueger a Associates was present at the meeting to review the proposal. Smith introduced Jim Zachman of Sandy Pointe Partnership. The site is located south of Red Rock Lake, east and west of Corral Lane. The proposed development is for 13 lots on 11.2 acres. Several neighbors have expressed concern about the development. They feel that Corral Lane should end in a cul-de-sac and the developer is reducing the number of lots by one because of their concern for a better transition. City staff has suggested a sidewalk on the west side of Sandy Pointe and a trail connecting to Corral Lane. 21 caliper inches of trees will be replaced. Cross reported that all lots meet the shoreland management ordinance. Total tree loss is 16.5% and they will replaced per the tree replacement ordinance. A sidewalk will be constructed on the west side of Sandy Pointe Road and staff is also recommending a trail connection in the right-of-way to reach the outlot and proceed to Co. Rd. 4. She said it is her understanding that the two developments will share a common association. Smith added that the two developments in this area will be independent associations. Zachman commented that at the present time, the residents have use of the entire beach and, hopefully, this will continue. Cross added that the original homeowner's association had proposed that the City purchase the parkland and Lakeshore all the way to the City park in Boulder Pointe. Richard asked why the City wasn't interested. Lambert said it would have been too expensive to acquire this land. 3016 • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Oct. 2, 1989 -4- Cook asked if an easement will be necessary on the south end of Sandy Pointe for an asphalt trail. Cross said that it is currently platted as a right-of-way so this will not be a problem. Lambert indicated that the connection to Corral Lane should be a 5' sidewalk rather than 8' asphalt. Cook asked if anything needs to be included in the recommendation about the two homeowners associations. Cross said the City has no control whatsoever over this. MOTION: Cook moved to recommend approval of Sandy Pointe per staff recommendation. Richard seconded the motion and it passed 4-0. B. Tech 10 Refer to memo dated September 29, 1989 from Barb Cross, Landscape Architect and staff report dated September 8, 1989. Bob Smith of Krueger & Associates reviewed the proposed development. The site is located west of Golden Triangle Drive north of 74th St. The developer is proposing a 74,000 sq. ft. office/warehouse on 5.6 acres. The entire west side of the site will remain in its natural state. 22% of the existing trees will be removed and the developer will replace 268 caliper inches in Tech 10 and 545 caliper inches in Tech 9. There is an 8' bituminous trail along the entire length of Golden Triangle Drive. Cross said that the grading on this site will be quite severe as indicated with the 70' grade change because of a hill. At one point on the site, there will be a 50' cut and 10' of fill. Cross added that she shows a 41.5% tree loss. Smith said that his numbers were calculated using not only Tech 9 and 10, but with the entire site considered as one development. He added that the eastern portion of Golden Triangle Drive was originally a gravel pit. Cross said that the developer has done all that is possible to preserve trees. The Planning Commission has approved this development. She added that there is an opening along the existing trail. .U(,,) STAFF REPORT t TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: September 22, 1989 PROJECT: Moorehead Addition LOCATION: South of Blossom Road, east of Bennett Place FEE OWNER: Justin C. Moorehead DEVELOPER: Transtar Corporation REQUEST: 1. Rezoning from R1-22 to R1-13.5 on 1.77 acres. 2. Preliminary Plat of 1.77 acres into 4 single family lots, 3 outlots, and road right-of-way. Background This site is currently guided Low �� \-`" "77 RM-6 Density Residential for up to 2.5 ,/> "'i_ i}y' •" X units per acre. This site is 1 g, -- ``� currently zoned RI-22. Surrounding �s � •: , :';- existing land uses are single family Zr"..,,` -Rr ,,,' 't residential. Land to the south, ` 1 east, and west are RI-22, with , ;�\_... R113. j property to the north being R1-13.5. V mg 1 Site Plan \`� t-;v The \�' /r preliminar .y plat depicts the `��_ !_ subdivision of 1.77 acres into 4 .,. .,.--N. i' , lots at a density of 2.26 units per '•`" 1 . ; acre. Proposed Lot 3 is the �" _ ! �. existing Moorehead residence. Due ,e s ..-. ,'� rC to the dedication of road right of IIII �r way, house location and con )1 E F1lE2ft I9 -, ,1 &t figuration of the existing house, a •) .;/.` r — .. I street frontage variance from 100 v �I1-4 .5. , N. I s A . feet to 75 feet will be required. A =i._.i 1 51 11-, Street frontage variance for . - � ( i proposed Lot 4 will be necessary _ ! . Rj °: PROPOSED SITE% until such time a street is - I I ! I if constructed to serve this site and r .- N~anew I +cs. ox e. the adjacent property owned by the , ,^ �y'R•-13 : ; !�r: is'NM 65 _ .. .- -i113.& t AREA LOCATION MAP ,, fur 6 C Moorehead Addition 2 September 22, 1989 Andersons. Until the street is constructed, a driveway would be constructed wi thin the proposed outlot to provide access to the parcel. This would be stipulated upon an agreement whereby the owner accepts all responsibility for maintenance of the driveway. Outlots A and B on the preliminary plat are proposed to be sold and combined with adjoining lots of adjacent subdivisions. Sight Vision Distance Sight vision distance is acceptable for the southern 3 driveways, meeting the minimum criteria for viewing distance to the north and south on Bennett Place. The sight vision distance to the south on Lot 1 is acceptable; however, the sight vision distance to the north does not meet the criteria and the driveway should be located on the southern side of the property to meet the 260-foot minimum distance required. Utilities Sewer and water service is available to this site by connection to existing facilities within Bennett Place. Storm Drainage The existing site drains through the eastern portion of the property through the Blossom Ridge Addition to a storm sewer pipe which discharges into a large basin approximately 500 feet to the east of the property. Drainage and utility easements are proposed across 3 of the lots such that no structures or grading would interfere with the natural direction of the drainage. Road Construction When the property to the south of this site develops, a public road will be required to be constructed where shown on the preliminary plat. Proposed Lot 4 will benefit from the construction of this roadway and must enter into a special assessment agreement to cover a proportionate share of the cost of utilities, storm drainage, and road construction in the future. The location of this roadway will allow for the southern parcel to develop with lots meeting the requirements of the R1-13.5 zoning district. The development plan shows that the existing Anderson house would meet the required 30-foot frontyard setback off the cul-de-sac. Preliminary grades have been developed along the centerline of the proposed roadway which indicate that the road can be constructed which meets City requirements. In order to accommodate the proposed road grades, it will be necessary for a 28-foot wide construction easement across proposed Lot 3. The attached plan for the development of the roadway proposes 3/1 slopes. This construction easement should be written to the City and recorded on the deed for the lot. Grading The use of walkouts on proposed Lots 2 and 3 minimizes the amount of fill necessary in order to accommodate the house pads on proposed Lots 1 and 2. This helps q preserve the majority of the natural drainage way to the rear of the houses. There will be up to 12 feet of fill necessary between the road right-of-way and the front elevation of the houses in order to accommodate the proposed driveways. "3Ulg C ( Moorehead Addition 3 September 22, 1989 Tree Loss The grading plan indicates that a total of 123 out of 359 existing significant trees, or 34%, would be lost due to construction. Tree replacement would be 56 inches. Prior to review by the City Council. The proponent shall submit a tree replacement plan for 56 caliper inches to be spread across each of the lots. Prior to grading permit issuance, it will be required that the proposed construction limits around the trees be staked with a snow fence so that the trees can be protected during construction. Erosion control will also be necessary to limit the amount of sedimentation which would filter into the natural drainage way. Sidewalks and Trails There is an existing 5-foot wide concrete sidewalk on the west side of Bennett Place. No additional trails or sidewalks are planned in the area. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for rezoning from R1-22 to R1-13.5 and a preliminary plat of 1.77 acres into 4 lots and 3 outlots, based on plans dated September 13, 1989, subject to the recommendations of the Staff Report dated September 22, 1989, and subject to the following recommendations: 1. Prior to City Council review, proponent shall: A. Revise the site plan to relocate the driveway to the south side of proposed Lot 1. This would provide for better sight vision distance to the north. 8. Provide a tree replacement plan for 56 caliper inches. 2. Prior to Final plat approval, proponent shall: A. Provide detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. B. Provide detailed storm water run-off and erosion control plans for review by the Watershed District. C. Enter into a special assessment agreement for proposed Lot 4 which covers the construction cost of the roadway including road, street, curb and gutter, utilities, and storm drainage. D. Dbtain a variance from the Board of Appeals for a lot without frontage on a public street. 3. Prior to Building permit issuance, proponent shall: A. Pay the Cash Park Fee. 4. Prior to Grading permit issuance, proponent shall: A. Stake the proposed construction limits with a snow fence to protect the trees. B. Notify the City and Watershed District 4B hours in advance of grading. t30d4 Published 9/27/89 VAC 89-13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-224 VACATION OF A DRAINAGE EASEMENT ON LOT 14, BLOCK 3, EDEN VIEW WHEREAS, the City of Eden Prairie has a certain drainage easement described as follows: The drainage easement as shown on the recorded plat of Eden View on file in the office of the Registrar of Titles, being the area 10 feet north westerly of and adjacent to the southeasterly property line of Lot 14, Block 3 Eden View, except that part within the westerly 10 feet of said Lot 14, Block 3, Eden View, Hennepin County, Minnesota. WHEREAS, a public hearing was held on OCTOBER 17, 1989, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, 8E IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage easement 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 OCTOBER 17, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 3oaf • Published 9/27/89 pp VAC 89-14 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-225 VACATION OF RIGHT-OF-WAY FOR PART OF LAKE SHDRE DRIVE WHEREAS, the City of Eden Prairie has a certain right-of-way described as follows: That part of Lake Shore Drive lying within Government Lot 1, Section 16, Township 116, Range 22, Hennepin County, Minnesota WHEREAS, a public hearing was held on OCTO8ER 17, 1989, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way 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 right-of-way easement 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 OCTOBER 17, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk • �O2Z OCTOBER 17.1989 54673 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 395.70 54674 PETTY CASH CHANGE FUND-ORGANIZED ATHLETICS 40.00 54675 JON SARFF SERVICE-SALES TAX REFUND 19119.92 '4676 RICHARD KNUTSON CO INC SERVICE-SALES TAX REFUND 13565.94 64677 PROGRESSIVE CONTRACTORS INC SERVICE-SALES TAX REFUND 2572.59 5467E BARBAROSSA & SONS SERVICE-SALES TAX REFUND 7668.76 I. 54679 NORTHDALE CONSTRUCTION INC SERVICE-SALES TAX REFUND 11760.55 54680 AT&T SERVICE 1203.45 54681 AT&T CREDIT CORPORATION SERVICE 93.67 54682 AT&T SERVICE 211.05 54683 U S WEST CELLULAR INC SERVICE 767.25 54684 NORTHERN STATES POWER COMPANY SERVICE 12347.71 54685 NORTHERN STATES POWER COMPANY SERVICE 16442.79 54686 UPPER MIDWEST SECTION A W M A CONFERENCE-PLANNING DEPT 60.00 54687 PAUL & JUDITH SORENSEN -FINAL PAYMENT-HOME ACOUISTION-7B35 EDEN 921.34 COURT 54688 JASON NORTHCO PROP OCTOBER 89 RENT-LIOUOR STORE 6141.94 54689 BIRTCHER WELCH COMPANY OCTOBER 89 RENT-CITY HALL 19880.79 54690 STEVE SWANSON REFUNO-TENNIS LESSONS 22.00 54691 FORD MOTOR CREDIT COMPANY -OCTOBER 89 COPIER INSTALLMENT PAYMENT- 300.0') POLICE OEPT 54692 GRAND VIEW LODGE CONFERENCE-POLICE DEPT 280.00 54693 HAMLINE UNIVERSITY CONFERENCE-ADMINISTRATION 35.00 54694 PETTY CASH EXPENSES-CITY HALL 56.71 54695 CITY OF WEST ST PAUL -ADDITIONAL PAYMENT-CITY'S SHARE OF 62.25 MUNICIPAL'S BANQUET 54696 BEIJING CHINESE RESTAURANT EXPENSES-CITY COUNCIL 29.15 54697 LEROY GRYTING MILEAGE-RILEY LAKE BEACH 28.25 °4698 LANG PAULY & GREGERSON LTD MAY 89 LEGAL SERVICE 161E15.69 4699 MEMINDEX OFFICE SUPPLIES-WATER DEPT 87.06 54700 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-HIDDEN GLEN 3R0 ADDITION/GOLDEN 18699.5E -TRIANGLE DR EXTENSION/WYNDHAM CREST/ -MITCHELL/RESEARCH RD IMPROVEMENTS/ -COUNTRY GLEN/MITCHELL RD PAVING & UTILITIES FEASIBILITY STUDY 54701 SO HENNEPIN HUMAN SERV COUNCIL CONFERENCE-HUMAN RESOURCES DEPT 10.00 54702 EAGLE WINE CO WINE B55.55 54703 EAST SIDE BEVERAGE CD WINE 42.95 54704 GRIGGS COOPER & CO INC LIQUOR 4646.34 54705 JOHNSON BROS WHOLESALE LIOUOR LIQUOR 6028.43 54706 MARK VII DISTRIBUTING COMPANY WINE 13.00 54707 ED PHILLIPS & SONS CO WINE 8903.71 54708 DUALITY WINE CO WINE 2637.56 54709 MN ASSN OF WOMEN POLICE CONFERENCE-POLICE DEPT 60.00 54710 HDLIDAY INN DOWNTOWN COHERENCE-POLICE DEPT 49.00 5471! KEITH WALL EXPENSES-POLICE DEPT/FIRE DEPT 650.00 54712 NORTHERN STATES POWER CO SERVICE 11.16 54713 MINNEGASCO SERVICE 288.46 54714 AT&T SERVICE 540.91 54715 AT&T CONSUMER PRODUCTS DIV SERVICE 29.25 54716 U S WEST COMMUNICATIONS SERVICE 916.07 54717 NANCY BERRYMAN REFUND-SKATING LESSONS 28.75 54718 JENNIFER ANOIS REFUND-INDDDR & OUTDOOR GAMES 10.00 54719 KAREN ANDREWS REFUND-INDOOR & OUTDDOR GAMES 10.00 '720 DAVIO BROWN REFUND-SWIMMING LESSONS 20.00 17712986 OCTOBER 17,1989 54721 JACQUELINE CRUGNOLA REFUND-SKATING LESSONS 13.00 54722 GRETCHEN OORR REFUND-TAE KWON DO CLASS 18.67 54723 SANDY FITZGERALD REFUND-INDOOR & OUTDOOR GAMES 10.00 ( 4724 CAROL FOSSEY REFUND-TAE KWON DO 37.34 J4725 ERIN HEITZ REFUND-SWIMMING LESSONS 1.75 54726 JODI JAMES REFUND-SWIMMING LESSONS 2.75 54727 KEN MEYER REFUND-OVERPAYMENT OF WALLYBALL LEAGUE FEE 10.00 54728 MARGE MUELLER REFUND-SWIMMING LESSONS 11.50 54729 TY OSTRONIAL REFUND-FOOTBALL CLINIC 12.00 54730 KATHLYN VILENDP.ER REFUND-SWIMMING LESSONS 32.25 54731 SANDRA WALTER REFUND-SKATING LESSONS 19.00 54732 KATHRYN WEBER REFUND-INDOOR & OUTDOOR GAMES 10.00 54733 TRAVEL I EXPENSES-RADIO COMMUNICATIONS-POLICE DEPT 2004.00 54734 B & S TOOLS -SPINER HANDLE/SCREWDRIVER SETS/HOSE & 1135.65 -REEL-5253.00/HACKSAW/PLIERS/PUNCH/RATCHET -WRENCH/WRECKING BAR/SANDPAPER/IMPACT TOOL -KIT-3243.50/HAMMER-WATER DEPT/EQUIPMENT MAINTENANCE 54735 MICHAEL C MCGRAW EASEMENT-WATER TRUNK-COUNTY RD 4 650.00 54736 COMMISSIONER OF REVENUE PAYROLL 9/29/89 11251.05 54737 FIRST BANK EDEN PRAIRIE PAYROLL 9/29/89 55737.5E 54738 SUPPLEE'S 7 HI ENTER INC OCTOBER RENT-LIQUOR STORE 4676.7I 54739 GERALD K AND RHODA HAAS EASEMENT-DRAINAGE SW OF CSAH COUNTY 1 & 18 3262.50 54740 ALEXIS BAILLY VINEYARD INC WINE 176.00 54741 EAGLE WINE CO WINE 1139.01 54742 GRIGGS COOPER & CO INC LIQUOR 3824.32 54743 JOHNSON BROS WHOLESALE LIQUOR LIDUOR 5017.27 54744 ED PHILLIPS & SONS CO WINE 5570.59 -4745 PRIOR WINE CO WINE 83.20 4746 QUALITY WINE CO WINE 4318.05 54747 GOVERNMENT TRAINING SERVICE CONFERENCE-BUILDING DEPT 245.00 54748 BROWN & CRIS INC -SERVICE-HAMILTON RD STREET & STORM SEWER 10343.74 IMPROVEMENTS 54749 FF JEDLICKI SERVICE-CSHA COUNTY I & 18 STDRM SEWER 4165.71 54750 RICHARD KNUTSON INC -SERVICE-COUNTY ADS 1 & 4 WATERMAIN/BLUFF 74743.85 ROAD 54751 MIDWEST ASPHALT CORP -SERVICE-BYPASS & TURN LANE IMPROVEMENTS 10839.10 FOR CEDAR RIDGE SCHOOL 54752 NODLAND CONSTRUCTION CO -SERVICE-HIDDEN GLEN 3RD ADDITION/WYNDHAM 121366.57 -CREST/COUNTRY GLEN UTILITY & STREET IMPROVEMENTS 54753 NORTHDALE CONSTRUCTION CO -SERVICE-MITCHELL/RESEARCH RD & WEST 76TH 94032.05 -STREET IMPROVEMENTS/GOLDEN TRIANGLE DR IMPROVEMENT/COUNTY RD 1 WATERMAIN 54754 A TO Z RENTAL CENTER LAWN EDGER RENTAL-WATER DEPT 14.84 54755 AAA STRIPING SERVICES INC -CROSSWALK STRIPING-DELL RD/SCENIC HEIGHTS/ 220.55 SCHOOL ROAD 54756 ACRO-MINNESOTA INC OFFICE SUPPLIES-CITY HALL/POLICE DEPT 1171.00 54757 ACE CHEMICAL PRODUCTS INC CLEANING SUPPLIES-EQUIPMENT MAINTENANCE 238.50 54758 ADT SECURITY SYSTEMS -OCTOBER 89 TO SEPTEMBER 90 SECURITY 286.96 SYSTEM AGREEMENT-POLICE BUILDING 54759 AIRLIFT DOORS INC DOOR REPAIR-POLICE BUILDING 264.10 54760 AMERI-STAR LIGHTING LIGHT BULBS-PARK MAINTENANCE 32.00 54761 AMERICAN NATIONAL BANK BOND PAYMENT 111979.98 762 AMERICAN LINEN SUPPLY CO -UNIFORMS-SEWER DEPT/STREET MAINT/ 918.80 EQUIPMENT MAINT/PARK MAINT 52988695 3o,26 54763 EARL F ANDERSEN & ASSOC INC BATTERIES/SIGNS-STREET DEPT 497.18 54764 AQUA ENGINEERING INC -PVC PIPE/BUSHINGS/COUPLINGS/CEMENT-PARK 51.72 MAINTENANCE 54765 ARMOR SECURITY INC -LOCK REPAIR/CYLINDER LOCK-POLICE BLDG/4TH 274.IC QUARTER SECURITY SYSTEM-OUTDOOR CENTER ]4766 ASTLEFORD INTL INC WATER PUMP/LIGHT-EQUIPMENT MAINTENANCE 82.37 54767 8 & S TOOLS -SOCKET/CENTER PUNCH/BATTERIES-EQUIPMENT 56.70 MAINTENANCE 54769 BATTERY & TIRE WAREHOUSE INC -TIRE REPAIR STRIP/ANTI-FREEZE/BRAKE FLUID/ 394.85 -CONDUIT/WINDSHIELD WIPER BLADES/PLUG/WIRE- EOUIFMENT MAINTENANCE 54769 BRUCE BETTENDORF SOFTBALL OFFICIAL/FEES PAID 120.0C 54770 BFI MEDICAL WASTE SYSTEMS SERVICE-ANIMAL CONTROL 52.50 54771 BLOOMINGTON CHAPTER -BARBERSHOP OUARTET-ADULT PROGRAMS/FEES 64.00 PAID 54772 CITY DF BLOOMINGTON AUGUST 89 ANIMAL IMPOUND SERVICE 612.00 54773 LOIS BOETTCHER -MINUTES-PARKS RECREATION & NATURAL 96.72 RESOURCES COMMISSION 54774 BLACK & VEATCH SERVICE-UPDATE 1986 WATER MASTER PLAN 3490.62 54775 LANCE BRACE EXPENSES-POLICE DEPT 72.4C 54776 LEE M BRANDT SOFTBALL OFFICIAL/FEES PAID 375.00 54777 BRO-TEX INC PAPER TOWELS-EQUIPMENT MAINTENANCE 213.355 54778 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINTENANCE 35.32 54779 BSN CORP FLAG BELTS-AFTERNOON PLAYGROUND 63.3E 54780 JAMES BUCK FOOTBALL OFFICIAL/FEES PAID 128.00 54781 NATHAN BUCK SOFTBALL & FOOTBALL OFFICIAL/FEES PAID 605.00 54782 MATT BULLOCK CONTRACTING CO SERVICE-STARING LAKE PARK 27434.70 54783 BUREAU OF BUSINESS PRACTICE SUBSCRIPTION-FACILITIES DEPT 47.4E 54784 BUSINESS CREDIT LEASING INC NOVEMBER 89 COPIER RENTAL-FIRE DEPT 182.75 54785 CARLSON & CARLSON ASSOC EMPLOYEE ASSISTANCE-HUMAN RESOURCES DEPT 40.00 `4786 CELLULAR BROKERS INC 2 MOBILE PHONES-FIRE DEPT 2648.00 C. 4787 CITY OF CHASKA GOLF LESSONS/FEES PAID 240.00 54788 BILL CLARK OIL HYDRAULIC OIL/ANTI-FREEZE-EQUIPMENT MAINT 491.70 54789 JOHN COLEMAN EXPENSES-BUILDING DEPT 15.0( 54790 COLLEGE OF ST THOMAS CONFERENCE-HUMAN RESOURCES DEPT 2000.00 54791 COMMERCIAL ASPHALT CO BLACKTOP-STREET MAINTENANCE 10158.81 54792 COMMISSIONER DF REVENUE LICENSE-EQUIPMENT MAINTENANCE 10.00 54793 COMMISSIONER OF REVENUE SEPTEMBER 89 FUEL TAX 295.6( 54794 COMMUNICATIONS CENTER RADIO REPAIR-EQUIPMENT MAINTENANCE 130.2C 54795 COMPUTER PLACE COMPUTER REPAIR-POLICE DEPT 58.0C 54796 CONCEPT MICROFILM INC MICROFILMING-SEWER DEPT 422.4C 54797 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-EOUIPMENT MAINTENANCE 30.0( 54798 COPY EQUIPMENT INC METAL LOCATOR REPAIR-SEWER DEPT 130.00 54799 CREATIVE WALLS INSTALL RETAINING WALL SYSTEM-PARK MAINT 1400.0( 54800 CROUSE CARTAGE CO FREIGHT CHARGES-WATER DEPT 222.88 54801 CURTIS INDUSTRIES INC -FENDER WASHERS/CONNECTIONS/FITTINGS/DRILL 457.91 BITS/SCREWS-EQUIPMENT MAINTENANCE 54802 CURTIS STUMP REMOVAL SERVICE-STUMP GRINOING-FORESTRY DEPT 250.0C 54803 TOM DAHLEN SOFTBALL OFFICIAL/FEES PAID 60.00 54804 CRAIG DAWSON CONFERENCE/EXPENSES-ADMINISTRATION 154.83 54805 DAY TIMERS INC OFFICE SUPPLIES-PARK PLANNING DEPT 40.26 54806 DECORATIVE DESIGNS OCTOBER 89 SERVICE-CITY HALL 49.50 54807 DEL AIR CONDITIONING & HEATING IN -AIR CONDITIONING REPAIR/REPAIR LEAK/ 639.20 -REPLACED FUSES & TRANSFORMER-POLICE BLDG/ • FIRE STATIONS/CITY HALL/PUBLIC WORKS BLDG • ( 5509440 54808 DELEGARD TOOL CO -COUNTERBORE GAUGE/TOROUE WRENCH-EOUIPMENT 155.87 MAINTENANCE 54809 EUGENE DIETZ SEPTEMBER 89 EXPENSES-ENGINEERING DEPT 200.00 54810 DON EVE & SONS MOWING SERVICE-STREET MAINTENANCE 540.00 54811 DONS SOD SERVICE SOD-PARK MAINTENANCE 177.00 4812 DRISKILL'S SUPER VALU EXPENSES-COMMUNITY CENTER 312.14 L ,4813 EASTMAN KODAK COMPANY AUGUST 89 MAINTENANCE AGREEMENT-CITY HALL 549.78 54814 EDEN PRAIRIE HORSE ASSOCIATION EXPENSES-FIRE DEFT 100.00 54815 ECOLAB PEST ELIMINATION DIVISION -2 AIR SENTRY UNITS/INSECT REPELLANT-FIRE 160.80 STATIONS 54816 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 9.25 54817 DEB EDLUND MINUTES-CITY COUNCIL/PLANNING COMMISSION 275.00 54818 JOHN H EDLUND WASTE DISPOSAL-FORESTRY DEPT 315.00 54819 ESS BROTHERS & SONS INC -MANHOLE ADJUSTMENT RINGS/GRATES-DRAINAGE 734.00 CONTROL 54820 JEFF ESS HOCKEY OFFICIAL/FEES PAID 160.00 54821 RON ESS HOCKEY OFFICIAL/FEES PAID 80,00 54822 KEITH FARNIOK EXPENSES-FIRE DEPT 101.91 54823 FEIST BLANCHARD CO -PAINT/SWITCHES/HORN RELAY/WATER PUMP/FUEL 682.24 -PUMP/GASKETS/SEALS/FLASHERS/FUSEHOLDER -KIT/UTILITY LIGHT/WIRES/BEARINGS/BELTS/ RADIATOR HOSES-EQUIPMENT MAINTENANCE 54824 FIRE INSTRUCTORS ASSN OF MN TRAINING SUPPLIES-FIRE DEPT 26.23 54825 FINLEY BROS ENTERPRISES -BASKETBALL STANDARD/NOSE CONE & FRAME/ 540.00 BACKBOARD/GOAL & NET-PARK MAINTENANCE 54826 FIRST TRUST CENTER BOND PAYMENT 28379.38 54827 FIVE STAR CONSTRUCTION FINAL PAYMENT-CONFERENCE ROOM REMODELING 30E16.38 54828 FORD MOTOR CREDIT CO -NOVEMBER 89 COPIER INSTALLMENT PAYMENT- 300.00 POLICE DEPT 54829 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIOUOR STORE 194.03 54830 STUART FOX SOFTBALL OFFICIAL/FEES PAID 150.00 1831 LYNDELL F FREY EXPENSES-SPECIAL TRIPS/EVENTS 23.50 ,,4832 G & k: SERVICES TOWELS-PARK MAINTENANCE/LIQUOR STORE 74.46 54833 KATE GARWOOD MILEAGE-PLANNING DEPT 20.50 54834 DARRELL GEDNEY HOCKEY OFFICIAL/FEES PAID B0.90 54835 JOE GLEASON HOCKEY & SOFTBALL OFFICIAL/FEES PAID 308.00 54836 GOODWILL INDUSTRIES INC -SEPTEMBER 89 EXPENSES-SOLID WASTE 1814.67 MANAGEMENT 54837 GI COMMERICAL SERVICES INC -AUGUST 89 MOWING SERVICE-PLEASANT HILLS 265.00 CEMETERY 54838 GUARANTY TITLE REFUND-SPECIAL ASSESSMENTS 905.94 54839 GUNNAR ELECTRIC CO INC REPLACE 4-WAY SWITCH-FIRE STATION 86.00 54840 HALE COMPANY INC -INSTALLED NEW GLASS INTO CARD READER- 129.75 EQUIPMENT MAINTENANCE 54841 BOB HAUGEN EXPENSES-FIRE DEPT 11.50 54842 DENNIS HAUGEN -REPLACED TUB FAUCET-PIONEER TRAIL-HOUSING 280.00 REHABILITATION PROGRAM 54843 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 510.00 54844 HENNEPIN COUNTY PUBLIC RECORDS -FILING FEE-ENGINEERING DEPT/HOUSING 103.00 REHABILITATION PROGRAM 54R4.5 HENNEPIN COUNTY TREASURER AUGUST 89 BOARD OF PRISONERS-POLICE DEPT 1814.00 54846 HENNEPIN COUNTY ATTORNEY'S OFFICE DISTRIBUTION OF FORFEITURE FUNDS 62.00 54847 HENN CTY-SHERIFFS DEPT AUGUST 89 BOOKING FEE-POLICE DEPT 681.31 54848 HENNEPIN COUNTY TREASURER WASTE DISPOSAL-FORESTRY DEPT 667.50 4506614 31. a0 R OCTOBER 17.1989 54849 D C HEY COMPANY INC MAINTENANCE AGREEMENT-FIRE DEPT 65.00 54850 HOFFERS INC FIELD MARKING PAINT-PARK MAINTENANCE 271.20 54851 HONEYWELL PROTECTION SERVICES REPLACED PANEL-SENIOR CENTER 325.00 4852 IBM CORPORATION -NOVEMBER 89 MAINTENANCE AGREEMENT-CITY 424.32 HALL 54853 INTEREX CORPORATION FIRE EXTINQUISHERS-FACILITIES DEPT 75.58 54854 INSTRUMENTATION SERVICES INC EQUIPMENT REPAIR-POLICE DEPT 3I4.14 54855 INTL OFFICE SYSTEMS INC -SEPTEMBER 89 MAINTENANCE AGREEMENT-CITY 156.50 HALL/TONER-POLICE DEPT 54856 IRON MOUNTAIN FORGE 4 PARK BENCHES-PARK MAINTENANCE I100.00 54857 J & R RADIATOR CORP RADIATOR REPAIR-EQUIPMENT MAINTENANCE 156.32 54858 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-CITY HALL 124.19 54859 CARL JULLIE EXPENSES-ADMINISTRATION 152.35 54860 SCOTT A KIPP MILEAGE-PLANNING DEPT 9.50 54861 RON KIRSCH VOLLEYBALL OFFICIAL/FEES PAID 54.00 54862 KURT KLINGELHUTZ WINTER STORAGE LEASE-STREET DEPT/PARK DEPT 500.00 • 54863 BRAD KNUTSON SOFTBALL OFFICIAL/FEES PAID 228.00 54864 KOSS PAINT & WALLPAPER INC PAINT-STARING LAKE PARK 30.98 54865 KROY INC OFFICE SUPPLIES-POLICE DEPT 20.48 • 54866 JEFF LABORE SERVICE-POLICE DEPT 44.00 54867 ROBERT LAMBERT -SEPTEMBER 89 EXPENSES-PARKS & RECREATION 200.00 DEPT • 54868 LANDSCAPE & TURF GRASS SEED-STREET MAINTENANCE 53.00 54869 CINDY LANENBERG MILEAGE-FIRE DEPT 49.25 54870 LANG PAULY & GREGERSON LTD -JUNE 89 LEGAL SERVICE/AUGUST B9 FLYING 26066.11 CLOUD LANDFILL 54871 LAND EQUIPMENT INC EQUIPMENT RENTAL-STREET DEPT 395.00 • 54872 BOB LANZI EXPENSES-CITY HALL 26.49 94873 LINHOFF CORPORATE COLOR -PRINTS-EMPLOYEE NEWSLETTER-HUMAN 7.30 • RESOURCES DEPT 54874 JAMES R LININGER SOFTBALL OFFICIAL/FEES PAID 105.00 • 54875 LIONS CLUB DUES-POLICE DEPT 50.00 54876 LOGIS AUGUST 89 SERVICE 5589.87 54877 LONG LAKE FORD TRACTOR INC TRACTOR RENTAL/SPOUT-PARK MAINTENANCE 1447.30 54878 LUNDS DELI STYLE RESTAURANT EXPENSES-FIRE DEPT 38.70 54879 AMY MACDONALD TEEN VOLUNTEER WAGES 56.00 54880 MACQUEEN EQUIPMENT INC -VAC ALL HOSE & COUPLER/BOLTS/NUTS-SEWER 1023.80 DEPT/EQUIPMENT MAINTENANCE 54881 BARB MALINSKI MINUTES-CITY COUNCIL 28.00 54882 MENARDS -SCREWS/TURNBUCKLES/CEILING HOOKS- 5.71 HISTORICAL & CULTURAL COMMISSION 54883 MERLINS HARDWARE HANK -NOZZLE/EDGERS-PARK MAINT/NAILS/PAPER 100.18 -TOWELS/SPONGE/BATTERY-HISTORICAL & -CULTURAL COMMISSION/PAINT/BRUSH/ROLLER COVERS-COMMUNITY CENTER 54884 STEVE MERRILL -ARTWORK-EMPLOYEE RECOGNITION-HUMAN 35.00 • RESOURCES DEPT 54885 METRO PRINTING INC PRINTING-LICENSE FORMS-FINANCE DEPT 255.00 54886 MIO CO SECURITY SYSTEMS INC VIDEO LENS-POLICE DEPT 220.50 54887 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 1470.12 • 54888 MINNESOTA COMMUNICATIONS CORP -OCTOBER 89 PAGER SERVICE-WATER DEPT/ 267.50 J. POLICE DEPT/FIRE DEPT 54889 MN CONWAY FIRE & SAFETY -24 GLOVES-$744.00/BATTERIES/SAFETY CANS- 10139.80 FIRE DEPT 890 MN SUBURBAN PUBLICATIONS EMPLOYMENT ADS-COMMUNITY CENTER 86.40 4271759 -,3Ua91 OCTOBER 17.1989 54891 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORES 146.40 54892 MOTOROLA INC -PORTABLE RADIO-$1100.00/HOUSING/TIMER/ 1945.00 AMPLIFIER-FIRE DEPT lr 4893 MOORLANE INC EQUIPMENT RENTAL/SYRUP/CUPS-FIRE DEPT 60.20 .,4894 MTI DISTRIBUTING CO -SCREEN/ELEMENTS/OIL FILTER/CAPSCREW/ 396.36 WASHER-EQUIPMENT MAINT/PARK MAINT 54895 MUR CON & ASSOCIATES CANOE PADDLES-OUTDOOR CENTER PRDGRAMS 61.50 54896 NATIONWIDE ADVERTISING SERVICE IN -EMPLOYMENT ADS-POLICE DEPT/BUILDING 1421.76 INSPECTIONS DEPT 54897 BETH NILSSON -PARTIAL PAYMENT-SKATING INSTRUCTOR/FEES 1860.10 PAID 54898 NORTHERN RUNNING BOARD-SEWER DEPT 101.98 1 54899 NORWEST BANK MINNESOTA N A BOND PAYMENT 439311.00 54900 RED NOVECKI FILM/FILM PROCESSING-FIRE DEPT 102.00 54901 OFFICE PRODUCTS OF MN INC TYPEWRITER REPAIR-BUILDING DEPT 85.00 E. 54902 BILL OLSON BLACK DIRT-STREET MAINTENANCE 248.00 54903 HARRY ORTLOFF SOFTBALL OFFICIAL/FEES PAID 135.00 54904 PAPER WAREHOUSE -PAPER CUPS/TRASH BAGS/FORKS/PAPER PLATES- 14.00 OUTDOOR CENTER PROGRAMS 54905 PATRICIA'S FRAME SHOP SHADOW BOX-POLICE DEPT 57.00 54906 DANIEL S PERNULA GOLF INSTRUCTDR/FEES PAID 216.00 1 54907 JOHN PERKINS SERVICE-WILLOW PARK IMPROVEMENTS 10016.33 54908 T A PERRY ASSDCIATES INC -INSTALL CONDUCTIVITY METER & SENSOR- 202.50 POLICE BUILDING 54909 PERSONNEL POOL SERVICE-PARKS & RECREATION DEPT 203.52 54910 GARY D PETERSON EXPENSES-COUNCILMEMBER 311.04 54911 PHOTOS INC PRINTS-PLANNING DEPT 125.00 54912 PATRICIA PIDCOCK EXPENSES-COUNCILMEMBER 145.53 `4913 PITNEY BOWES INC -4TH QUARTER B9 MAINTENANCE AGREEMENT- 149.90 RECREATION SUPERVISOR 54914 PLEHAL BLACKTOPPING INC TRUCK & PAVER RENTAL-STREET MAINTENANCE 1967.50 54915 POMMER COMPANY INC PLAQUES/TROPHIES-ORGANIZED ATHLETICS 1234.06 54916 PRAIRIE ELECTRIC COMPANY INC REPAIR BATHROOM FIXTURES-PUBLIC WORKS BLDG 43.80 54917 PRAIRIE LAWN & GARDEN CHAIN SAW REPAIR-EQUIPMENT MAINTENANCE 11.50 54918 PRAIRIE HARDWARE CORDS/PINS/COUPLER PLUGS-FIRE DEPT I2.90 54919 PRAIRIE HARDWARE -PHONE CORD/INSECT SPRAY/SPIKES/MOP HEADS/ 102.15 -HINGES/PAPER TOWELS/BATTERIES/GARBAGE -BAGS/NOZZLE/TAPE/CLEANING SUPPLIES/BRUSH/ -SANDPAPER-PARK MAINTENANCE/OUTDOOR CENTER PROGRAMS/HISTORICAL & CULTURAL COMMISSION 54920 PRAIRIE HARDWARE -CLEANING SUPPLIES/BATTERY/TAPE RULE/ROPE/ 134.28 -BACKING PROS/SPRAY PAINT/PLIERS/WALL -STRIPPER/CONNECTORS/BLADES-FACILITIES DEPT 54921 PRAIRIE HARDWARE -OUTLET BOXES/RECEPTACLES/PLUG/DUCT TAPE/ 240.40 -STAPLE GUN/STAPLES/PAINT TRAYS/GLOVES/ -PAINT ROLLERS/HANDLES/VALVES/PIPE -FITTINGS/HOOKS/CLEANING SUPPLIES/PLASTIC -BOX/BATTERIES/ALUMINUM STRIP-SEWER DEPT/ STREET DEPT/EQUIPMENT MAINT 54922 PRAIRIE HARDWARE -HOT PDT/CAULKING/FLASHLIGHT BULBS/RUST 316.49 -REMOVER/WEATHER STRIPPING/BRUSHES/LEVEL -BATTERIES/CLEANING SUPPLIES/PLIERS/VISE/ -GRIP/HANDLE/MIRROR/SHOVELS/MAUL-WATER DEPT #. i 46137820 p' 0 OCTOBER 17.1989 54923 PRAIRIE OFFSET PRINTING -PRINTING-BUILDING INSPECTIONS DEPT/FLYERS- 464.00 FIRE DEPT 54924 PRINTING ARTS INC PRINTING-FALL BROCHURE-COMMUNITY CENTER 2238.00 4925 J A PRICE AGENCY LIABILITY INSURANCE 4800.00 D4926 PRINT GALLEY INC LETTERHEAD/ENVELOPES-CITY HALL 920.00 54927 PRIOR LAKE AGGREGATE INC SAND-STREET MAINTENANCE 12.15 54928 PSO BUSINESS COMMUNICATIONS INC TELEPHONE SERVICE-CITY HALL 810.00 54929 PSO LEASING & MAINTENANCE -4TH QUARTER 89 MAINTENANCE AGREEMENT- 1465.50 FACILITIES DEPT 54930 QUALITY WASTE CONTROL INC 200 RECYLING CONTAINERS-SOLID WASTE MGMT 1000.00 54931 RAINBOW FOODS EXPENSES-OUTDOOR CENTER PROGRAMS 65.45 54932 ANN REED EXPENSES-NEIGHBORHOOD OUTREACH PROGRAM 153.60 54933 SCOTT REIN SOFTBALL OFFICIAL/FEES PAID 180.00 54934 ROAD MACHINERY & SUPPLIES CO EQUIPMENT REPAIR-EQUIPMENT MAINTENANCE 94.00 54935 PAUL ROGERS PREPARING & SEEDING GRASS-MILLER PARK 2001.00 54936 ROGER'S SERVICE STARTERS/ALTERNATORS-EQUIPMENT MAINTENANCE 238.35 54937 RON SON CONTRACTING REFUND-PLUMBING PERMIT 20.50 54938 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-CITY HALL/SEWER DEPT/ 240.34 -HISTORICAL & CULTURAL COMMISSION/POLICE DEPT/COMMUNITY CENTER 54939 THE SANDWICH FACTORY INC EXPENSES-CITY HALL/POLICE DEPT 93.27 54940 KEVIN SCHMIEG -SEPTEMBER 89 EXPENSES-BLDG INSPECTIONS 200.00 DEPT/SAFETY DEPT/FACILITIES DEPT 54941 DON SCHWARTZ SOFTBALL OFFICIAL/FEES PAID 1140.00 54942 SEARS PIPE WRENCH-SEWER DEPT 36.85 54943 SETTER LEACH & LINDSTROM INC SERVICE-COMMUNITY CENTER REPAIR 538.99 54944 SHAKOPEE FORD INC -DOOR HEADER/LAMP ASSEMBLIES-EQUIPMENT 100.22 MAINTENANCE -4945 M SHANKEN COMMUNICATIONS INC SUBSCRIPTION-LIOUOR STORE 100.00 i946 J L SHIELY COMPANY GRAVEL-STREET MAINTENANCE 1016.50 54947 SIGNATURE CONCEPTS INC FIRE PREVENTION SUPPLIES-FIRE DEPT 734.00 54948 SIMPLY WINDOW BLINDS WINDOW BLINDS-FIRE STATIONS 3750.60 54949 SMITH DIVING -6 MASK/FINS & SNORKEL SETS/CHAINS-ROUND 306.50 LAKE BEACH/RILEY LAKE BEACH 54950 SNAP ON TOOLS CORP WRENCH/SOCKET SETS-EQUIPMENT MAINTENANCE 229.65 ' 54951 SYNDER'S DRUG STORES INC -DYE/RUBBER BANDS/RUBBER GLOVES/PENS-DAY 10.72 CAMP/RILEY LAKE BEACH 54952 SOUTHWEST SUBURBAN PUBLISH INC -EMPLOYMENT ADS-COMMUNITY CENTER/FINANCE 250.51 DEPT/BUILDING INSPECTIONS DEPT 54953 SPS COMPANIES WATER CLOSET REPAIR KIT-PARK MAINTENANCE 36.09 54954 THE STANDARD REGISTER COMPANY OFFICE SUPPLIES-CITY HALL 186.59 54955 STATE OF MINNESOTA DISTRIBUTION OF FORFEITURE FUNDS 31.00 54956 STEPP MFG CO INC -AUGER SHAFT REPAIR/REPLACE AUGER COUPLING- 1022.70 EQUIPMENT MAINTENANCE 54957 STRAND MANUFACTURING CO INC IMPELLOR REPAIR-SEWER DEPT 67.81 54958 STREICHERS PROFESSIONAL POLICE EQ -TRAFFIC CONES/HAND CUFFS/LIGHTBAR/ 290.25 DIRECTIONAL SIGNAL-POLICE DEPT 54959 SUBURBAN CHEVROLET -STEERING WHEEL REPAIR/TRANSMISSION REPAIR 6103.41 -WHEEL SHAFT REPAIR/REPAIR FIRE DAMAGE -UNDER HOOD/SASH/SWITCHES/KNOBS/HOSES/ -STEERING GEAR/SEAL KIT/BEARING/REPLACE CRANKSHAFT-EQUIPMENT MAINTENANCE 54960 SUPRA COLOR INC FILM PROCESSING-POLICE DEPT 75.45 54961 SUN ELECTRIC CORPORATION COMPUTER PROGRAM UPDATE-EQUIPMENT MAINT 289.00 962 TESSMAN SEED & CHEMICAL COMPANY GRASS SEED-PARK MAINTENANCE 1507.50 3282050 OCTOBER 17.1989 54963 NANCY TOUVE SOFTBALL OFFICIAL/FEES PAID 300.00 54964 TURF PRO INC MOWING SERVICE-FORESTRY DEPT 225.00 54965 TURF SUPPLY CO GRASS SEED-PARK MAINTENANCE 4639.00 A966 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-EQUIPMENT MAINTENANCE 36.00 54967 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 448.30 54968 UNLIMITEO SUPPLIES INC -NUTS/BOLTS/WASHERS/HACKSAW/BLADES/BATTERY 341.80 CLAMPS/FUSE HOLDERS-EQUIPMENT MAINTENANCE 54969 UNIVERSAL BATTERY COMPANY INC BATTERIES-SEWER DEPT 66.98 54970 VAN 0 LITE INC BATTERY CHARGERS/LAMP-EQUIPMENT MAINT 159.42 54971 VF INDUSTRIAL FINISHING REFINISH & PAINT VAN TRAILER-POLICE DEPT 350.00 54972 VICOM INC -OCTOBER 89 WIRE MAINTENANCE AGREEMENT- 5.25 PUBLIC WORKS BUILDING 54973 CLARK WALKER SOFTBALL OFFICIAL/FEES PAID 330.00 54974 WATSON FORSBERG CO SERVICE-COMMUNITY CENTER REPAIRS 20264.00 54975 SANDRA F WERTS -MILEAGE/POSTAGES/EXPENSES-SENIOR CENTER/ 86.29 HISTORICAL & CULTURAL COMMISSION 54976 YMCA CAMP DUNORD -CABIN RENTAL-OUTDOOR CENTER PROGRAMS- 262.50 FEES PAID • 54977 ZACK'S INC -RUBBISH PICKERS/RAKES/CLEANING SUPPLIES- 727.00 STREET MAINTENANCE/PARK MAINTENANCE 54978 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL 39.40 54451 VOID OUT CHECK 1819.65 54527 VOID OUT CHECK 113.00 54561 VOID OUT CHECK 16659.44 54614 VOID OUT CHECK 21381.01 -1169216 $1332396.50 3oa* DISTRIBUTION BY FUNDS 10 GENERAL 228954.75 11 CERTIFICATE OF INDEBT 5467.00 12 CERTIFICATE DEBT FD 216.25 15 LIDUOR STORE-P V M 34143.10 17 LIDUOR STORE-PRESERVE 23449.92 20 CEMETERY OPERATIONS 265.00 31 PARK ACOUIST 1< DEVELOP 58285.00 33 UTILITY BOND FUND 19378.42 40 86 FIRE STATION DEBT 257.50 43 77 FIRE DEBT FUND 44.03 45 UTILITY DEBT FD ARB 134504.79 47 80 G 0 DEBT FUND 11137 .98 51 IMPROVVEMENT CONST FD 727090.89 55 IMPROVEMENT DEBT FUND ARB 102350.00 56 ROAD IMPROVEMENT DEBT FD 224662.88 57 ROAD IMPROVEMENT CONST FD 5019.89 77 WATER FUND 9758.21 77 SEWER FUND 13242.70 80 POLICE CONFISCATED FDS 93.00 81 TRUST & ESCROW FUND 8560.43 f 7 COBS FUND 536.40 ,0 TAX INCREMENT FUND 25184.76 $1332796.50 i 0<�3 1 y - M E M D R A N D U M - TD: Mayor and City Council FROM: Jeffrey Johnson DATE: October 11, 198 RE: Grading Permit Request on Dutlot C Menards Addition Rome Development Company, on behalf of Menard, Inc., has requested City Council approval of a request of a grading permit to allow the placement of fill on 0utlot C of Menards Addition located at the northwest corner of Valley View Road and Topview Road. The request consists of the placement of approximately 6,500 cubic yards of excess soil generated from the proposed expansion of the A to Z Rental site located at the southeast corner of Valley View Road and Plaza Drive. The fill will be placed over an area of D.94 acres within Dutlot C. Please refer to the attached plan. Recommend approval of Rome Development's request for a grading permit with the following provisions: 1. Applicant must secure a temporary entrance permit from Hennepin County for Valley View Road. 2. Applicant must protect the existing sidewalk and replace any cracked or damaged sections that result from this work. 3. The scope of the grading permit will cover the placement of excess fill from the A to Z Rental only and shall not exceed 6,500 cubic yards. 4. Applicant will verify with a representative of the City that the proposed grading will not result in removal of or damage to any significant trees as defined in the Eden Prairie Tree Protection Policy. 5. Applicant shall provide the City with an overall grading plan for the remainder of Dutlot C, keeping ultimate development in mind. JJ:ssa cc: Rome Development Company Menards, Inc. 3U q - MEMORANDUM - TO: Mayor and City Council FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: September 28, 1989 RE: NSP Proposal For Undergrounding Utilities Over the past year, Staff has been working with NSP to identify a way in which overhead utilities can be placed underground -- especially when they are in the process of reconstructing a pole line system. During our discussions with NSP, we have determined that the way in which they deal with us concerning underground installations appears to be consistent with other suburban communities. Currently, if we are proceeding with a construction or reconstruction project, NSP will bury the overhead utilities, but the City of Eden Prairie must pay the cost less a credit consisting of their estimated cost to build a new overhead system in another location. The result is often times a substantial cost and we have more often than not declined the process. As a means of compromise, NSP has researched three possible means of generating the revenue to Iost wrotertonCarlrounding Jullie onerhead Augustut8,it1989 summarizes those three possibilities. After reading, you will note that unit pricing is the only method that they would consider acceptable. Based on their estimates, if $1.50 were to be added to a residential customer each month and a sliding scale amount added to each commercial customer, the resulting revenue would be over $300,000.00. By increasing that unit price by a nominal amount, the result can generate over $500,000.00. Exhibit B of the attachment shows the two illustrations mentioned above. While it may seem that a commercial customer paying $25.00 or $50.00 per month is high, the smallest billing a commercial using 100 kilowatts of electricity would receive is in the $2,000.00 to $3,000.00 range. You should also know that existing customers in Eden Prairie that have underground service are currently paying a surcharge of $1.50 per month for that purpose. These proposed costs would be in addition to the current payments being made. I will be available at the Council Meeting to discuss this information in more detail. If the Council chooses to proceed, the next step would be to ask NSP to prepare a draft agreement and obtain more specific details regarding the program. EAD:ssa - MEMORANDUM - TO: Carl Jullie FROM: Gene Dietz DATE: August 8, 1989 RE: NSP FEES FOR GENERATING REVENUE TO UNDERGROUND UTILITIES On August 8, 1989 I met with Stu Fraser to discuss information NSP had prepared regarding a means to generate a source of income to allow for undergrounding of utilities. NSP identified three possibilities as follows: 1. Franchise Fee: In this situation, we would enter into a franchise agreement with NSP and the provisions of that agreement would allow for a percentage rate to be applied to their customers up to 5%. Attached Exhibit A shows that a 1% franchise fee would generate $242,000.00 while 5% would be over $1.2 million dollars. According to Frazer, implementing such a fee schedule would require a public hearing process and they would adamantly oppose it. Their primary reason is that the billing to their customers would be such that it would resemble a rate increase for which they would be responsible. Additionally, they feel that the treatment to the customers on a percentage basis would be unfair. 2. Surcharge: This method is almost identical to the franchise fee, except that a franchise would not be a part of the process. NSP has the same strong feelings against using this method as well. . 3. Unit Pricing: Exhibit B shows two alternatives illustrating the use of unit pricing. If a revenue generating mechanism is to be established, NSP favors this over the other two alternatives. As shown on the exhibit, NSP has identified four customer classifications and using two different models, show that an income between $300,000.OD to $500,000.00 per year could be attained. The price per month for a residential customer is not significant, but some might feel the $25.00 per month for a commercial customer might be oppressive. However. Fraser tells me that the smallest monthly bill a 100kW customer would receive would be two or three thousand dollars. NSP would expect that Minnesota Valley Electric would be required to follow this same kind of pricing structure if we choose to follow it. They would also expect that some consideration be given to AT&T, Northwestern Bell and Cable Television. August 8, 1989 Page 2 of 2 t This unit price would show up on the billing for each customer as a separate line item. NSP would be receptive to negotiating what that language says so that it doesn't put either them or the City in a negative position. New Brighton was very close to adopting a system like this. They actually had an ordinance in draft form and an agreement ready to be signed when the City decided to pull out of the project. They struggled with the problem of who paid for the homeowner cost to bury underground services ($200.00 to $500.00 plus restoration). Another problem they faced was with an older housing stock, many homes did not meet current code requirements for their electric service. An underground service installation would require that the property owners bring their electrical system up to code at an additional cost of as much as a $1,000.00 or more. Fraser also pointed out that the vast majority of our residential customers are currently paying $2.00 per month for underground service already. He wondered what their reaction might be to an additional $2.00 more or less. If we choose to pursue this matter, NSP would be willing to develop some type of long-range capital improvements budget so that it could be tied to the unit pricing structure (15-20 year range). NSP would charge us some sort of fee to implement such a system and that would come from the first year's revenue. They estimated as much as $60,000.00 to change their billings mechanism. They also indicated that they would like to impose some sort of cap on the amount of money that could be accumulated in this dedicated fund (say $5-10 million dollars). When that cap is reached, the system would automatically stop collecting until the amount was drawn down. Finally, Fraser told me that they are not interested in being a banker for undergrounding our system. If we had a major project that we wanted to do, we would have to accumulate the money or borrow the money and pay it back with this source of revenue in order for them to proceed with the work. Fraser was quick to point out that they didn't want to do any of these mechanisms, but of the three alternatives, they strongly favored the unit pricing procedure. The first step is for the City Staff to review this proposal and if we desire, they would be willing to develop the information further and put it in writing. EAD:ssa C • City of Eden Prairie (1988 figures) Customers: Edina Office Shorewood Office 7,431 8,213 15,644 Total Revenues: Edina Office $14,546,501 Shorewood Office 9,645,493 • $24,191,994 1% annually $241,919 2% annually 483,838 3% annually 725,757 4% annually 967,676 5% annually 1,209,595 Customer operations has informed me that a per unit charge can be programmed specifically on to our Eden Prairie customers. If this choice is selected, the charges to the various classes of customers can be decided upon to reach whatever level of revenue is desired annually. Other items such as a cap to the funds, etc. will also need to be negotiated. P.R. Carney ( • .. Eden Praire Illustration of Unit Pricing No. Month 12 Months JIrl15 Price/Unit TWA No. 1 Residential 13177 1.50 237,186 Commercial Up to 25kW 1100 3.50 46,200 Commercial 25 to 100kW 577 6.00 41,544 Commercial over 100kW 126 25.00 37.R00 Total annually $362,730 No. 2 Residential 13177 2.00 316,248 Commercial Up to 25kW 1100 5.00 66,000 Commercial 25kW to 100kW 577 10.00 69,240 Commercial over 100kW 126 50.00 75.600 Total annually 5527,088 6164E if g AGENDA SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 24, 1989 6:30 PM, CITY COUNCIL CHAMBER 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 Dawson, Director of Parks, Recreation & Natural Resources Robert Lambert, and Recording Secretary Barb Malinski PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA II. LAWFUL GAMBLING COMMITTEE REPORT III. LAWFUL GAMBLING LICENSE APPLICATIONS IV. CAPITAL IMPROVEMENT PROJECTS V. OTHER BUSINESS VI. ADJOURNMENT } 3 1 1 1 1 FINAL REPORT OF THE LAWFUL GAMBLING STUDY COMMITTEE CITY OF EDEN PRAIRIE, MINNESOTA AUGUST 1989 Executive Summary: In April 1989, the Eden Prairie City Council appointed the Lawful Gambling Study Committee to explore whether and to what extent lawful gambling activities should be allowed within Eden Prairie. Since their first meeting on May 4, 1989, Committee members have examined a variety of issues associated with lawful gambling activities. Information and comments from several resource persons, residents at a public meeting, staff research, and personal experience have contributed to the Committee recommendations. By a 4 - 2 majority, the Committee members recommend that no lawfulAactivities requiring a State License be allowed within Eden Prairie. The reasons for this conclusion will be discussed more fully later. If the City Council were to decide that some forms of lawful gambling should be permitted, Committee members have suggested guidelines under which licenses should be approved. * * * * * Types of Lawful Gambling: The State of Minnesota allows five lawful gambling activities. These activities include bingo, pulltabs, raffles, tipboards, and paddlewheels. Fraternal, religious, veterans, or non-profit organizations which qualify for tax-exempt status under Section 501(c)(3) of the U.S. Internal Revenue Code are the only groups which may conduct lawful gambling. State statutes and administrative rules provide a system to ensure that games are run fairly and gambling revenues are used appropriately. Lawful gambling is a big business in Minnesota. Residents spend an estimated $1 billion on gambling per year. The activities which generate the most revenue are pulltabs and bingo. Licenses Required: The State of Minnesota has established three types of licenses which may be issued for one year to charitable organizations. Class A licenses allow an organization to conduct all five lawful gambling activities. Class B licenses allow each gambling activity except bingo. A Class C license permits an organization to conduct only bingo. A variety of exemptions exist for several types of one-time or infrequent gambling occasions as specified in Chapter 349 of Minnesota Statutes. For these exempted activities, organizations must receive a certificate from the State and notify the municipality at least 30 days before the event. The State of Minnesota issues a license or certificate after conducting a background investigation of the applicant to determine the fitness of the organization and the applicability of any additional local regulations. In addition to meeting the test for being an eligible type of organization, the applicant must have been in existence at least three years and have at least 15 active members. - 2 - Local Regulation: According to M.S. 349.213, subd. 1, "a statutory...city... has the authority to adopt more stringent regulation of any form of lawful gambling...,including the prohibition of any form of lawful gambling, and may require a permit for the conduct of gambling except from licensing." In a recent opinion in response to questions from the City of Cloquet, the Minnesota Attorney General emphasized that local regulations may apply only to the form of gambling -- i.e., the types of games and how they are conducted -- and not to the organizations which may conduct gambling activities. Further, a city may only specify how up to ten percent of net profits must be spent; an organization has discretion for use of the remaining ninety percent. One further local power to limit gambling exists in this section of the statute. An organization must notify a city when it makes an application for a State license. Within 60 days, a city council may adopt a resolution to deny the license application. Without disapproval during this time, the license request is considered to have local approval. * * * * * Study Process: Committee members consulted a variety of resources in order to make recommendations within the legal framework summarized above. Several persons presented information and opinions to the Committee: Chuck Anderson, Minnesota Department of Revenue, Charitable Gambling Division Lt. Les Bridger, Eden Prairie Police Department Bill Nelson, Wayzata Lions Club Don Storm, Minnesota State Senator, District 42 Duaine Denman, Eden Prairie American Legion Post #409 At a public meeting held June 15, 1989, persons spoke on behalf of the following groups: Academy for Artistic Gymnastics Booster Club Eden Prairie American Legion Post 409 Eden Prairie American Legion Post 409 Auxiliary Eden Prairie Lions Club Eden Prairie Ministerial Association Speak Again - Tracheotomies and Laryngectomies Private residents (two) Committee members also shared several articles and legal opinions. From this broad range of information presented verbally and on paper, Committee members considered the benefits and drawbacks of lawful gambling activity. * * * * * Recommendation Not to Allow Lawful Gambling: A majority of Committee members recommend that the City Council adopt an ordinance which would not allow within Eden Prairie the issuance of Class A, B, and C licenses as described in Minnesota statutes. Lawful gambling activities which are allowed with exemption certificates from the State should be allowed within the City. The drawbacks to lawful gambling outweigh the benefits from the proceeds of these activities. The issues involved are both practical and philosophical. - 3 - Fundraising: Lawful gambling is an effective fundraising activity. As trends in government spending show a reduced scope of responsibility for social services, charitable organizations have been identified as ones which can fill a vacuum. They can use proceeds from a variety of sources to address existing and emerging community needs. A substantial part of the gross revenues from gambling are returned to players as winnings. The remaining funds must go toward administrative expenses, taxes, and charitable giving. During the 1989 session of the Legislature, new laws were adopted for taxation of lawful gambling. The effect of these new laws is to reduce the amount of net proceeds for charitable purposes to 4.5 to 5.0 percent of gross revenue. The effort required by organizations to gain this revenue is tremendous compared to the profit they receive. Revenues from lawful gambling are variable over time. Organizations conducting lawful gambling and recipients of their charity may become dependent on gambling receipts for their on-going operations. Shortfalls will cause problems. Experience in other states with such lawful gambling opportunities as pulltabs, lotteries, and pari-mutuel betting suggests that gambling is an entertainment fad. After a few years revenues begin to drop as the novelty for gambling wears off. With the coming of a lottery in Minnesota, an activity with larger prizes than the other forms of lawful gambling allowed by Statute, it is possible that the money residents may spend in lawful gambling could decrease further. Traditional fundraising efforts, those which reward commitments of time and energy, result in greater overall public service. Gambling as a fundraising activity appeals more to people who enjoy gambling than to those persons who wish to give for particular causes. It is a convenient way to raise funds, but the motives among the participants are not necessarily charitable. Patronage uestions: It is a common perception that persons who participate in lawful gam ling activities are ones with low to moderate amounts of discretionary income. Eden Prairie residents, most of whom are in the middle to upper end of the socio-economic scale, are not in a group likely to patronize these gambling operations. Many of the players of these games would not be residents of Eden Prairie, but rather people who come into Eden Prairie for entertainment and recreation. The number of players, and consequently the amount of revenue, from gambling activity is likely to be less than proponents have estimated. How Fairly are the Games Operated?: According to a representative of the Minnesota Department of Revenue, a number of practices exist which go against the legal operations of gambling as described in statutes and administrative rules. Pulltab sellers may alert friends that a sizable pot remains with just a few pulltabs remaining. Sellers may not record the serial numbers of each pulltab game played, thus underreporting the amounts to be taxed and to be contributed to charities. These are examples of cheating the players because their chances for a fair shot at the winnings is compromised. Additionally, persons who play these games with the belief that their losses will go to charities may see their gifts go to less than reputable operators. Evidence of illegal operations is mounting. The Minnesota Legislature has not demonstrated its commitment to provide adequate staff and financial resources for proper policing and regulation of lawful gambling. By allowing lawful gambling in Eden Prairie, the City would be providing more opportunities for improper operations and fraudulent use of revenues. • - 4 - Any Organization Can Oo It: The recent Minnesota Attorney General's opinion states that cities cannot specify the types of organizations which can operate lawful gambling. The City Council may not, for example, restrict licenses only to those organizations based within Eden Prairie, nor may it specify how to use more than ten percent of the net proceeds. A potential exists for most of the profits to be used outside of the City. It has been suggested that if Eden Prairie were not to allow these activities, its island-like status would result in having these additional charitable proceeds being given in some other community. While this argument has merit, it is not necessarily true. As Minnetonka and Edina do not allow lawful gambling, Eden Prairie would be part of a larger, contiguous island. Nothing exists in statutes or administatives rules to assure that any more than ten percent of net proceeds would remain within the City, and Committee members have pointed out that the amount and reliability of proceeds is questionable. Charitable contributions are already made to the Eden Prairie community by a number of dedicated civic organizations. The absence of lawful gambling does not mean that civic giving would cease. Costs: In addition to the drawbacks mentioned thus far, lawful gambling entails a variety of other costs. Some are tangible and incurred now; others, less tangible and paid in the future. Monitoring gambling activities will require dedication of staff time from the Police Department. Revenues from the City tax allowed by statute probably would not cover the City's costs for administration and enforcement. Establishments with gambling activities, and particularly bingo halls, can produce sizable amounts of traffic to the community's already congested road system. Social costs may be difficult to measure, but they are real. Less money for family needs can result in a broad range of problems requiring immediate family intervention. Gambling can be an addictive activity which affects the family, employers, and society at large. Not only are there disruptions at home and the workplace which spill over and affect more persons than the gambler alone, but costs are borne by the public for treatment of this condition. While disallowing gambling in Eden Prairie will not remove other opportunities to gamble, in a small way the City could reduce the costs resulting from gambling. Other Remarks: The Committee's recommendation not to allow lawful gambling is grounded in practical and philosophical considerations. To allow lawful gambling would be for the City Council to endorse a value of opportunism and luck for the rest of the community. To do so would invite the undesirable aspects of gambling into the hospitality and entertainment establishments patronized by Eden Prairie residents. In making this recommendation, the Committee is not making any value judgment about the respect the community holds for any organization, nor is it casting any doubt about an organization's competence to conduct lawful gambling operations. Simply, a majority of the Committee does not favor continuous lawful gambling activities. * * * * * Guidelines if Lawful Gambling is Permitted: The Eden Prairie City Council has already approves a number of CTss A and Class C licenses for activities at the Eden Prairie American Legion Post No. 409. Inasmuch as lawful gambling existed prior to the Committee's deliberations and it appears likely that this level of activity would be accepted by the community in the future, the Committee has developed guidelines when considering new license applications and renewals. - 5 - Several good reasons exist to allow lawful gambling. It provides charitable organizations with an opportunity to obtain more money to give to a variety of worthwhile activities. These groups may provide a number of services which are no longer funded by government activities. For a number of people, lawful gambling is a form of entertainment; indeed, a night of playing bingo on the average costs as much as a night's entertainment at a movie theater, sports event, or restaurant. One could consider it worthwhile to have an activity which results in charitable contributions from persons who might otherwise have no inclination to make them. A number of comments have been made that governments should interfere as little as possible with the morality and choices of their citizens; limiting lawful gambling is an inappropriate governmental intrusion. People can show their sentiments against gambling by not participating in the games and not accepting gifts made possible by gambling profits. Minnesotans have indicated their desire to gamble by approving a constitutional amendment to allow a lottery. The Legislature has spoken for the Minnesota community by permitting lawful gambling subject to a comprehensive set of statutory and administrative controls. Residents should have a wide range of choices in their activities and how they wish to raise funds. The following are the proposed guidelines: 1. Use of proceeds: The City shall specify that at least ten percent of net proceeds he used for human services needs within the City of Eden Prairie. These proceeds should be directed to PROP unless PROP is unwilling or unable to use these funds. In the event that PROP does not receive the funds, the City Council should have the use of these funds overseen by the Eden Prairie Human Services Coordinating Council. The City Council should state its strong preference that any proceeds from gambling activities be used to address human services needs (and not for such things as park acquisition or public safety equipment). 2. Organizations: Lawful gambling licensees must be legally chartered non-profit organizations certified by the State of Minnesota, having written constitutions stating the purposes for their existence, having been in existence in Eden Prairie for at least three years with at least 15 members who hold their regular business meetings within the City. (Realizing that this guideline may conflict with the recent Attorney General's opinion referenced earlier, the Committee urges the City Attorney to review the law and encourages that a way be found to implement this recommendation.) 3. Records: Licensees approved by the City must make available to the City all records the organization must send to the State. The City would have all rights to review records without prior notice or search warrants. Further, organizations would be required to send to the City on a monthly basis copies of bank statements and cancelled checks, as well as to provide records of all units of gambling purchased, sold, and remaining. These requirements would provide the City with another level of investigation to ensure that gambling operations were being conducted properly. . - 6 - 4. City Tax: A City tax of 1.0 percent of gross receipts should be levied on activities conducted under a Class A, B, or C license. While State Statute allows a 3.0 percent City levy, it should be noted that the State now receives a 6.0 percent tax on gross receipts. A 9.0 percent tax by State and City would reduce the amount of proceeds available to charitable gambling so significantly that organizations would be discouraged to conduct lawful gambling. It is more important to have proceeds going to charitable uses than the City's general fund. 5. Locations: Committee members strongly believe that the number of locations where gambling would be allowed should be very limited. A reasonable standard to consider is one location per 10,000 residents. Because Eden Prairie's population is so close to 40,000, four locations could be permitted at this time. Additional criteria related to eligible locations include: a) In locations which have restaurant service, gambling activities must not be permitted in the dining, lobby, or cashier areas of the establishment. In on-sale liquor establishments, activities would be allowed only in the bar area. Gambling activities should not be allowed in what could be characterized as "family places", or areas of establishments where families would be present. b) An organization receiving a lawful gambling license should be allowed to conduct gambling activities at only one location within Eden Prairie. c) Only one license should be permitted to operate at a location. Locations at which multiple-licensees were permitted to operate prior to August 15, 1989 should be exempt from this limitation. When developing an ordinance to regulate lawful gambling, the ordinance adopted by the City of Minneapolis should be used as a model for technical provisions relating to permitted locations. 6. Bingo Hall Operations: All bingo halls should be allowed to conduct bingo activities no more than four days during the week. Committee members do not believe that the community wished to be associated with a seven-days-per-week bingo hall. Because most of the players probably would not reside in Eden Prairie, those persons arriving in cars and buses at the bingo hall would add significantly to traffic volumes on an already strained local and regional roadway system. If a bingo hall is successful, the traffic activity it generates could be incompatible with residential or neighboring land uses. 7. No Paddlewheel Games: Paddlewheel games (similar to a "Wheel of Fortune" wheel) are not often played in Minnesota. They are also games in which a relatively high level of cheating is done by game operators. Consequently, no paddlewheel games should be allowed under Class A and Class B licenses. - 7 - Committee members thank the City Council for this opportunity to serve the community. We have worked diligently with many hours of spirited discussion. We were not unanimous with many of our recommendations. They represent majority or consensus viewpoints. Because Committee members represent a wide set of perspectives, we have been able to suggest workable and satisfactory methods to regulate lawful gambling in Eden Prairie. Committee Members: Pat Breitenstein Paul Redpath Dan Dryer Merrill Ronning Jeff Olson Judy Schuck Jerry Johnson, Chair Staff: Craig W. Dawson, Assistant to the City Manager CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST October 24, 1989 GAMBLING (CLASS A) all types of gambling Acrogymnastics Sports Education Association St Mary's Romanian Orthodox'Church (Bingo & Pull-tabs at the Eden Prairie Legion) Pat Solie, Licensing I c MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie SUBJECT: Capital Improvement Projects DATE: August 4, 1989 The attached table shows a listing of our needs for major facilities for the next several years. These are based upon the capital improvement planning we have been doing since the City Needs Study Committee • recommendations in 1985. As a basic conclusion, it appears feasible to anticipate that we could accomplish these needs through a combination of funding procedures which would result in an increased property tax of about $5.00 per month in today's dollars for the typical $120,000 valued homestead. Long-term financing (by a referendum or other vehicles) would be needed for City Hall, Miller Park, Community Center ice bubble, and fire needs. Shorter term borrowing and annual budget appropriations could be used for the other projects. My most recent discussions with Or. McCoy indicate that the School District will be scheduling a levy referendum in November of this year to asic for a 2 1/2% levy increase for operations. This would amount to $55 per year or about $5.00 per month for the typical $120,000 homestead. This would begin in 1990. As we know, it is difficult these days to make any projection on property tax impacts because changes in tax policy are probably forthcoming from the State Legislature. I understand that Governor Perpich will be proposing a maximum tax rate much lower than the current 3.3% for homes over $100,000 in value. This would be beneficial to Eden Prairie taxpayers and will help with the sale of referendums. It does appear that we could do a referendum for parks next year and for City Hall in 1991. Please call if you have questions about this data. We will be prepared for more discussion on Tuesday evening at our joint meeting with the School Board. CJJ:jdp TABLE Project '90 '91 '92 '93 '94 '95 '96 1. Land for City Hall 9 9 9 9 9 ($1.0 M.) 2. City Hall Bldg. 15 15 15 15 15 ($4.0 M.) Ref. 20 yrs. 1991 3. Miller Park & 15 15 15 15 15 15 Comm.Center Improvements ($4.2 M.) Ref. 20 yrs. 1990 4. Parks - Land + 9 9 9 9 9 9 Improvements $250,000/yr - 10 years annual appropriation 5. Police Needs - 11 11 11 11 11 4 Bldg. & Communications $750,000 over 5 yrs. + $200,000/yr appropriation 6. Fire Needs - 6 New Station & Equipment ($1.6 M.) Ref. 20 yrs. 1995 Less City Hall (9) (9) (9) (9) Rental ($250,000) per yr. Cost/yr. for 9 44 59 50 50 41 40 $120,000 Homestead $/Month 1 4 5 4 4 3 3 1 FINAL REPORT RESIDENTS ADVISORY COMMITTEE ON CITY ADMINISTRATIVE OFFICES NOVEMBER 1987 Since October 1987, a group of 24 residents of Eden Prairie has studied ways to address the community's need for a future City Hall. What was anticipated to be a four-month process evolved into something lasting a year. The added time allowed more thoughtful discussion among Committee members after gaining the benefits of professional services from a survey research firm, an architect, and a property appraiser. Recommendations of the Committee provide the City Council with sound alternatives to accomplish the construction of the new City Hall. Charge to the Committee: Throughout the study, Committee members adhered to the City Council's charge: "The Eden Prairie City Council seeks an independent, informed recommendation from the community about the best way to address the City's need for permanent administrative offices. It is appointing a 24-member blue-ribbon committee to investigate this matter. The committee will be free and is encouraged to explore a wide array of solutions; however, it will not contemplate any options which entail leasing office space. In considering sites for new City offices, the committee shall have no restrictions on the location of a site it will recommend. The committee will recommend whether the building should be built in phases or initially constructed to its eventual size. It will identify appropriate costs for construction of the building. Finally, the committee will recommend whether this construction should be financed with bonds authorized by referendum or within legal restraints if a referendum is not held. "In its desire to have the committee operate independently, the Council will not have its members nor its staff participate in the committee's activities. The City Manager shall, however, assign one member of his staff to perform liaison duties for the committee. If the committee determines that it needs additional resources which may involve expenses, it may request that the Council authorize payment for these services." The Committee has been responsive to the Council's direction. Major recommendations appear in the Executive Summary. The remainder of the report explains the process and findings of the study. EXECUTIVE SUMMARY The City of Eden Prairie is a substantial organization. It has revenues of $25 million annually, fixed assets in excess of $80 million, and nearly 200 permanent staff positions. The revenue and staff figures put Eden Prairie in the same league as such high-tech companies as Research, Inc. in Eden Prairie and Zycad Corporation of Arden Hills. Eden Prairie as a corporation will continue to grow, and its corporate headquarters - City Hall - needs to be planned with that larger size in mind. It is a decision which could well last longer than 50 years. Major Conclusions: A two-story City Hall with 37,000 to 41,000 square feet of space should be constructed for occupancy in March 1993. It should be designed such that it blends reasonably well with surrounding buildings and environmental conditions. The design, while not ostentatious, should reflect the public nature of the - 2 - building. While it appears that expansion of the building will not be necessary, the design should allow for future expansion should the need arise. Costs for the building, its mechanical support and interior finishes, should be approximately $70 per square foot in 1986 dollars. City Hall should be located on five to eight acres of land. The Committee has identified four sites which should be considered for City Hall. Costs for the land should be in the $3.00 per square foot range. The Council should secure the land as quickly as possible, and should consider outright purchase using monies in the General Fund reserve. Total costs for City Hall, including the building, site work, land cost, and contingency, should fall in the range of $4.65 to $5.35 million. To finance the project, the Council should establish a Building Fund. This fund should be built up by levying the equivalent of 0.6 mills through 1997. From 1993 to 1997, the Council should continue the levy for rent of leased space at 7600 Executive Drive. The method of financing recommended does not require that a referendum be held for authority to issue long-term general obligation bonds. Committee members prefer to pre-fund construction costs. The probability of a successful referendum vote is tenuous. The City's need for a City Hall is great, and the project should be accomplished with a view to overall fiscal prudence. PROCESS In October 1986 the City Council appointed four persons to serve on the executive committee: Rich Anderson, Gene Haberman, Marty Jessen, and Jean Myers. They solicited 12 members to the Committee and recommended eight persons who had written the Council regarding their wish to participte. The 24 members of the committee were: Executive Committee Rich Anderson Jean Myers Gene Haberman Marty Jessen Committee Membership Rod Anderson Mike Gust Tom Bierman John Hartsough Ann Boline Fred Hoisington David Bowers Steve Hoyt Pat Breitenstein Jerry LaBarre Ken Brooks Jim Ostenson Betty Craig Jim Rannow Dennis Dirlam Paul Redpath Harlan Fritz Lyle Shaw Merle Gamn Dave Spaulding Two members of the Committee later excused themselves from further participation. Gene Haberman accepted a position out-of-state and Betty Craig found her schedule very busy. Most meetings of the full Committee averaged 14 to 18 in attendance. The broad scope of the Committee's work quickly became apparent. In order to manage the work, subcommittees were established. Subcommittee charges and - 3 - reporting dates were designed and sequenced to build upon each other's studies. In this manner, the work progressed logically, with each new piece using the consensus which had been building among the full Committee. Each member of the Committee served on a subcommittee, and each subcommittee had at least one member of the executive committee. The subcommittees were: 1. Inventory of Other City Halls: This subcommittee conducted a survey of selected suburbs to determine why various communities designed and located their City Halls the way they did. They also found what types of services were offered, and how much building space had been built to provide them. 2. Other Governmental Services: This subcommittee investigated the possibility (and probability) of locating additional services (e.g., Hennepin County, U.S. Postal Service) with a new City Hall. 3. Survey: This subcommittee was charged with conducting a survey of residents to determine what they expected of a City Hall building. And what concerns they had when they voted (or did not vote) at the referendum. 4. Program for the City Hall: This group used the results of the previous three suFamnittees' work to write a description of the program (services and facilities) for the City Hall. It studied the efficiency, arrange- ment, and public use of the space. 5. Site Selection/Building Design: Using the program statement, this group identified and evaluated potential sites, and developed a concept plan for the site. 6. Finance and Implementation: This subcommittee explored funding a e natives for the new City Hall. It also addressed such implementation issues as the use of referendum, timing for funding programs, and timing of property acquisition and building occupancy. Each subcommittee submitted a draft report to the full Committee for additional comment. All final reports were approved by the full Committee. These reports appear in the following chapters. CHAPTER I INVENTORY OF OTHER CITY Chair: Jim Ostenson Members: Ann Boline, David Bowers, Mike John Hartsough, Jean Myers rAyll" This subcommittee contacted staff members and asked eight general quesitons. The cr comparable to Eden Prairie in terms of it become. A summary of the research about done and what they would do differently a 1 To: Residents Advisory Committee on City Administrative Offices From: Inventory of Other City Halls Sub-Committee Date: January 14, 1987 This committee was charged with conducting a selective inventory of what other cities have built as city halls and why. Accordingly, we selected several suburbs that we felt were comparable with Eden Prairie in terms of maturity or communities that were more established from which we • might learn. The following communities were selected: Maple Grove Eagan Minnetonka Bloomington St. Louis Park Edina Brooklyn Center Coon Rapids Woodbury Plymouth While it is difficult to form definite conclusions from our research, we were able to acknowledge the following facts. Population verses size of City Hall: Population of the Communities surveyed ranged from 16,000 to 80,000. The majority of the communities were between 31,000 to 45,000. While the size of the City Hall structure was not always able to be identified, they generally ranged from 15,000 to 40,000 square feet and contained approximately 100 employees. City Services Located Within the City Hall: The majority of City Halls contain all administrative offices and eight of the communities also had their police department within the City Hall building. Several of the communities had their fire department administrative offices located inside. Repeatedly, it was mentioned that it is important to have as many functions under one roof as possible. The people interviewed felt that it was important for the different departments to have convenient access to each other (i.e., • the fire department working with the building department). City Services Contained Outside City Hall: The two services most frequently located outside were a fire department and public works. Location of City Hall: The majority of the City Halls were located within the geographic center of the community. Those that were not, were located near the business district or on a main street. Page two Other Services in the City Hall: None of the communities interviewed had other services, outside of city services, located within their City Hall building. Several of the communities had libraries near by, a police station next door or future hopes for an adjacent post office. Recommended Changes or Improvements: The need for better space utilization seemed to be a common complaint. Too often the City Halls were built too small or did not allow for an easy flow of communication between various departments. The need for storage was usually under estimated and the potential need for expansion was not addressed. 1 ' F CHAPTER I OTHER GOVERNMENTAL Co-Chairs: Pat Breitenstein, Paul F Members: Rod Anderson, Betty Cra Marty Jessen This subcommittee reviewed what servic other city halls. Members also explor office or post office contract statior County service center, County and Stagy university extension courses, and cow programs. Discussion among Subcommittee and Committee members concluded that housing as many of the City's services as possible under one roof was desirable. Other services which the City may consider adding would be a deputy registrar (vehicle licensing) and a contract postal station. While the Subcommittee started with the concept of combining all of the services described into one community service office, the idea of a public service center is not feasible because the U.S. Postal Service will build an Eden Prairie office within a few years and the County has no plans for service centers in addition to those at the Government Center, Brookdale, Ridgedale, and Southdale. Planning for a City Hall building and site should be focused just on the needs of the City organization. CHAPTE SUI Chair: Gene Haberman Members: Tom Bierman, Ken Brooks, J The Executive Committee believed it was ty's sentiments and expectations of a City H that a survey would be a valuable tool in gz �a l \ j components of the survey were to be: 1 'ices; and 3) the image of the building as net ice facility. The focus was to be more for Jpport for a new City Hall, rather than to be wrong on the referendum. City Council granted a request for funds to retain the services .._t survey/research firm to conduct the survey. Subcommittee members chose TK Associates of Minneapolis, Inc. for the work. During January 1987, 300 residents of Eden Prairie were contacted through a random telephone survey, 150 of whom were known to have voted on the referendum. The sample yielded a 95 percent confidence level for the results. Based on the data and analysis provided by the firm, the subcommittee and committee drew the following conclusions: 1. There is a need for a new City Hall. 2. At this time, residents are not frequent users of City Hall but they are satisfied with the quality of service received when they have used it. 3. Perhaps because of their infrequent usage, residents are not overly concerned with the location of City Hall. 4. Residents do not perceive a strong need to add services by other governmental agencies and clearly do not see a need for au auditorium as a possible addition to City Hall. 5. Residents felt strongly that a new City Hall need not be highly visible and distinct but should blend in with the surroundings. 6. A majority of residents feel that city government will change and grow in the future through the addition of staff to provide services to meet general and specific needs, as well as the overall growth of staff to accommodate existing services. Therefore, building design should be flexible and expandable. J. Residents expect a thorough cost-benefit analysis to be performed on all perspective locations and building plans. A bias exists toward locations already owned by the City. 8. Residents perceive that the last referendum was poorly planned and marketed. A copy of the full report, including an interesting compilation of respnses to open-ended questions, is stored in the City Manager's Office. The executive summary of the consultant's report appears on the next two pages. EXECUTIVE SUMMARY' . A total of 300 telephone interviews were conducted with adult residents of the City of Eden Prairie: 150 with a systematic random sample of residents who voted in the May 6, 1986 referendum and 150 with a random sample of the general population. . Two-thirds of the respondents have lived in Eden Prairie for over five years; eight in ten live in single family homes; and, over nine in ten own their homes. • Just over half of the respondents were female; almost two- thirds are aged 31 to 50; and 95% reported that they are registered to vote. • Over ninety percent of the respondents have been to Eden Prairie City Hall at some time, and almost all of these residents reported that they were very or somewhat satisfied with the service they received on their last visit. . The most frequently reported reasons for going to City Hall included attending Council meetings, obtaining dog licenses/tags, and obtaining building or other permits. . Over three-fourths of the residents who have been to City Hall or who know where it is located feel that the location is fine where it is. . Six in ten of the respondents thought that the City Hall should blend well with surrounding buildings, while a quarter thought is should be highly visible and distinct looking. . When read a list of services and asked which were important for City Hall to offer, the most frequently mentioned services were those dealing with the use of land in the community. . While just over half of the respondents thought that it was important for City Hall to offer car licensing services, close to seven in ten mentioned that they would make use of such a service if it were available. . Almost half of those residents who thought it was important for City Hall to offer land use planning and building construction safety services did not think that they, themselves, would use the service. . Just over a tenth of the respondents feel a government services center is very necessary in Eden Prairie, and just over half feel it is somewhat necessary. 1111 . Two-thirds of the respondents do not feel it is at all necessary for City Hall to include an auditorium and public meeting space. i I • Just over six in ten of the respondents expect the role of city government in Eden Prairie to change over the next five to ten years. Of the 189 residents who anticipate chnnges in the role of city government, many mentioned that the change would involve the need for increased services and related personnel. • Over two-thirds of the residents in the study indicated that they had voted in the May 6, 1986 referendum on City Hall. This ranged from 43% in the general population sample to 93% in the sample drawn from known voters. . Among those residents who indicated that they voted in the referendum, cost, the necessity of a new building, and location were the three issues most frequently mentioned as having influenced their vote. • Among those residents who indicated that they did not vote in the referendum, being uninformed or uninterested, out of town, or too busy were the most frequently mentioned reasons for not voting. 1 1 11 CHAPTER IV PROGRAM FOR THE BU Chair: Tom Bierman, Fred Hoisington Members: Dennis Dirlam, Marty Jessen, Jim R This Subcommittee had a rather broad charge: tc 'nfII. Ill/n new City Hall. A program is a broad concept for ,V to be. This term relates to a variety of elemen interior space to the achitecture and "statement' image. In order to make the task manageable, the information and decisions from the studies of the Chapters I-III. Funds for architectural services to assist the Com the City Council. Wally Daniels of the firm Setter •fic., who had been the project manager for the City Hall ror the March 1986 referendum, provided the expertise the Subcommittee requested. While Subcommittee members at first believed some general relationships existed between employees or population and building square footage, further study proved that no standard existed. Accordingly, the Subcommittee analyzed staffing projections, public space expectations, and building use from a "bottom-up" approach. Its conclusions suggested ranges of expected sizes and functions. The Subcommittee's final report appears on the next two pages. To further summarize its recommendations: A multi-level building of 37,000 to 41,000 square feet should be constructed all at one time. Interior and exterior architecture should convey functionality, efficiency, and good utility of space while being warm and inviting. It should blend reasonably well with surrounding buildings and environmental conditions, while reflecting the public nature of the building. City Hall should have a geographically central location on a site preferably eight acres minimum in size (five acres absolute minimum). The • cost for the building -- in terms of building shell, building equipment, and interior finishes - should be around $70/square foot (1986 dollars). REPORT OF THE PROGRAM SUBCOMMITTEE RESIDENTS ADVISORY COMMITTEE ON CITY ADMINISTRATIVE OFFICES FOR THE CITY OF EDEN PRAIRIE, MN Throughout February and March 1987, the Program Subcommittee has explored what should be key elements for Eden Prairie's City Hall. During the review process, the Subcommittee used the professional advice of the architect for the earlier City Hall proposal, a substantial amount of information gathered by the staff liaison, and the results of the resident survey to guide members to recommendations. These recommendations are presented to the full Residents Advisory Committee on City Administrative offices for comment and adoption. A building "program" is a broad concept for defining what a building ought to be. It can contain both specific and general elements as well as identify structural particulars and architectural themes. For ease and clarity, the Subcommittee narrowed its focus to the parameters to be discussed below. Many recommendations are general in nature because neither a design nor a site for the building now exist. Services To Be Offered: The types of services provided at City Hall should be similar to those which presently exist. Granted, the services offered may evolve in ways which are not now predictable; however, the structure in the administrative offices should not need much change to handle future demands. Having other governmental or private agencies housed in the City offices appears neither necessary nor desired. Staff Size: Assuming that projections made for the development of the community are accurate and in order to maintain at least the current level of service quality, the building should be designed to house 105 to 115 employees. This number of staff members will probably be reached in about five to ten years. This staffing requirement is comparable with cities of similar size, and one at which administrative staffing should stabilize. Staff size after additions in 1987 will number 70. Public Areas: The image one gains upon entering the building should be of functionality, efficiency, and good utility of space. It should be warm and inviting. Easy orientation and easily identified access to other levels will enhance everyone's use of the building. Because providing space for Council and Commission meetings is an important function of a city hall, there should be ample space and a number of meeting and conference rooms with built-in flexibility. A feeling of spaciousness is not critical; however, it should be considered if the building design will result in little additional cost. The City Hall should include a multi-purpose entrance area, seating for 150 persons in the Council Room, and other public meeting areas. Multiple use of as many spaces as possible - for both public and staff areas - should be encouraged. Building Size: In order to accommodate the types and levels of services, the amount of staff positions to provide those services, and the public areas needed for the public use and image of the building, City Hall should be between 37,000 and 41,000 square feet in size. - 2 - City Halls are public buildings and require more space than "a typical office building" because of the need for public meeting areas (e.g. City Council and Commission rooms), the presence of several relatively autonomous departments, and greater storage needs due to the historical nature of public records. A range of 37,000 to 41,000 square feet is recommended. This office space is consistent with cities of similar size which the Subcommittee has studied. To minimize future cost, the full 37,000 to 41,000 square feet should be constructed all at one time. The exact size of the building will depend on the building design which, in turn, will depend on soil and topographic characteristics of a site. The building should be multi-level, with the number of levels dictated by these characteristics. If a basement level is feasible, it should be used only as non-public space. Multiple use of space should be sought as much as possible. Exterior Building Image: The architecture of City Hall should convey the qualities already identified for the public areas of the building. The future City Hall should be designed such that it blends reasonably well with surrounding buldings and environmental conditions. The design, while not ostentatious, should reflect the public nature of the building. While design is somewhat site-dependent, the look of the city halls of such cities as Plymouth and Eagan should be the design goal. The building should be multi-level (because this design is more cost-effective) as dictated by the topography of the site. While it appears that expansion of the building will not be necessary, the design should allow for future expansion should the need arise. Cost: After review of construction costs of five other city halls, buildings in the metropolitan area, and buildings in Eden Prairie, the Subcommittee concluded that costs for the building, its mechanical support and interior interior finishes, should be approximately $70 per square foot in 1986 dollars. Costs not included in this figure are such things as parking lots, landscaping, communications equipment, furniture, and land and site preparation. Size and Location: The size of the land on which the City Hall will be located should have a minimum of eight acres. This size will allow flexibility in the design and configuration of the building on the site while providing some open space on the City Hall grounds. Eight acres will also allow possible building expansion and space for parking areas (estimated to be 200 spaces) in accordance with development standards in the Ordinance Code. City Hall should have a geographically central location. Summary: The new City Hall should be well-designed and impart the public nature of the building with effective use of space. The building should not be ostentatious. It should blend well with surrounding buildings and environmental conditions. It should be designed to house 105 to 115 • employees who will provide the services generally found at other city halls in metropolitan-area suburbs. It should have sufficient public meeting areas within the building. To accommodate the needs identified by the Subcommittee, the City Hall should be between 37,000 and 41,000 square feet in size and allow for future expansion should that unlikely need arise. The cost for the building - in terms of the building shell, building equipment, and interior finishes - should be approximately $70 per square foot (in 1986 dollars). A centrally-located site with a minimum size of eight acres will be needed. rwn•irin F,U/L ie. 7 CHAPTER V SITE SELECTION/BUILDING DE Chair: Rich Anderson Members: Merle Gamm, Fred Hoisington, Steve Hoy Jerry LaBarre, Jim Ostenson, Dave Spau This group focused its efforts on identifying sites recommendations of the program subcommittee. Using services approved by Council, Setter, Leach & Linds analysis, while Krueger Appraisals, Inc. gathered i basis regarding anticipated and appropriate costs f Committee members identified a number of sites which could be considered and later reduced the number to eight. Criteria for weighting and scoring the sites were established by the full committee. These criteria and weights are listed below: Cost of Land 29% Building Efficiency 17% Location/Accessibility 14% Site Now Owned by City 11% Relationship to Other Uses 11% Site Size 9% Sites scored highest if they were less than a "benchmark" site (a "pure" 5 acres @ $3.OD/s.f., or $653,000), accommodated a two-story building, were within 1/4- mile of geographical population center, had excellent access and visibility, were owned by the City, were totally compatible/consistent with surrounding existing and future land uses and Guide Plan, and between five and eight acres in size. The Subcommittee's recommendation was for the City to negotiate the purchase of three privately-owned parcels: *Site 8, ADC property, northeast corner of Anderson Lakes Parkway and Mitchell Road; *Site 7, Carmody property, north of Anderson Lakes Parkway along Purgatory Creek; *Site 10, Equitable property, southeast curve of Equitable Drive south of Valley View Road; and to have Site 2, the old City Hall site, be a fall-back site in the event that an acceptable price were not negotiated for any of the three sites. Further, consideration should be given to purchase of the five acres immediately south of the old City Hall so that the present building and its use can be maintained if this site were ultimately selected. Costs for the privately-owned sites could be expected to range between $550,000 and $1,600,000 depending how (and if) the parcels could be subdivided. CHAPTER VI E-14)M— FINANCE AND IMPLEMENT Chair: Marty Jessen Members: Ann Boline, Ken Brooks, John Hartsc This Subcommittee discussed ways in which reconm subcommittees could be put into action. Its rer pages. In summary, recommendations for financir Hall plan are to: *Secure land as quickly as practical and cor outright purchase; *Make decision to build by February 1991 so that building may be occupied March 1, 1993; *Establish a Building Fund with an annual levy approximating 0.6 mill through 1997, and continue the levy for rent in 1992 through 1997; *If a Building Fund is not established, gain approval through referendum for issuance of general obligation bonds, which has lowest long-term cost; and *If referendum is also not chosen, look at other long-term financing techniques. The full Committee endorsed these recommendations, with the exception of one member who dissented because the issue would not be placed in front of residents on a referendum as had been done previously. TO: FULL COMMITTEE FROM: FINANCE AND IMPLEMENTATION SUBCOMMITTEE SUBJECT: SUBCOMMITTEE REPORT DATE: SEPTEMBER 14, 1987 The Subcommittee makes the following recommendation regarding its charge: Land Acquisition: Land for the new City Hall should be secured as quickly as practical. The City Council should consider use of its cash reserve for full, outright purchase of the site selected. 0ccupancy: The new City Hall should be ready for occupancy on March 1, 1993, the day after the first three-year renewal option expires on the current lease for space at 7600 Executive Drive. Financing Method: Several financing methods are available. The Subcommittee strongly recommends that a Building Fund be established, and that this new levy be set at 0.6 mills. Additionally, after the new City Hall is occupied, the amount paid for rent in 1992 should continue to be levied throughout the term of the construction agreement (1997). The Subcommittee's second choice is to issue general obligation bonds approved through referendum. This choice would have the lower total cost of long-term strategies, although there is risk that it would be defeated. The referendum would need to be held by March 1991. The third choice is using such instruments as certificates of participation which offer the advantages of long-term financing, but which carry interest charges up to one percent greater than bonds approved by referendum. Memoranda are attached and are to be considered a part of the subcommittee's report. MEMORANDUM TO: Implementation and Finance Subcommittee Residents Advisory Committee on City� Administrative Offices FROM: Craig W. Dawson, Staff Liaison SUBJECT: Financing Alternatives and Final Report DATE: September 14, 1987 The Subcommittee is nearing completion of its work. A draft of the final report should be presented to the full Committee on September 30. The bulk of the report could be taken from a memorandum prepared for the Subcommittee's June 11 meeting. Little if any information has been uncovered which would conflict with or add to the information contained in that memorandum. Some additional information has been prepared as requested by the Subcommittee. One of the techniques which the members found inviting was the establishment of a building fund. This alternative embodies a pay-as-you-go philosophy, a method generally not used in Eden Prairie because of a belief that future residents and businesses should also bear the cost of long-lived City facilities. Some concerns have also been raised that monies raised may not remain in the fund - they may be raided for other purchases or in an attempt to reduce the City's tax levy. The following table and scenarios about the growth of a building fund have been assembled without a great degree of sophistication but with quite conservative assumptions. Funds Raised Mill Levy @ Projected Assessed Value @ 0.6 Mill Levy $250,000 Levy 1988 $397 million $238,200 0.63 1989 439 million 263,400 0.57 1990 480 million 288,000 0.52 1991 520 million 312,000 0.48 1992 560 million 336,000 0.45 1993 600 million 360,000 0.42 1994 640 million 384,000 0.39 1995 680 million 408,000 0.37 1996 720 million 432,000 0.35 1 1997 760 million 456,000 0.33 ' 1998 800 million 480,000 0.31 • - 2 - Assumptions 1. Growth in assessed value = $40 million/year 2. Tax increment financing districts are not returned to general tax rolls (Partial retirement is, in fact, anticipated for taxes payable 1990 of about $18 million assessed value, and full retirement for taxes payable 1992 adding another $12 million assessed value.) The following scenarios assume that payments for $4 million in construction costs begin in 1992 for occupancy of the new City Hall on March 1, 1993. Consequently, if a contract is entered into for the statutory-maximum five years, the costs of construction should be paid in full by 1997. It is further assumed that interest earnings will equal the cost of inflation; hence, both matters are ignored. Scenario A Constant 0.6-mill levy $3,861,000 Funds raised thru 1997 Continuation of levy for rent 1993-1997 990,000 (Rent = $205,000 in 1992) $4,851,000 Scenario B Constant $250,000 levy $2,500,000 Funds raised thru 1997 Continuation of levy for rent 1993-1997 990,000 (Rent = $205,000 in 1992) $3,590,000 Cost: The Subcommittee needs to recommend the cost of the project. To date, the following figures have been used by the Subcommittee and/or other subcommittees: Building (incl. fees and other internal systems) 37,000-41,000 s.f. @$70 plus other items above $3.25 - 3.55 million Site Work (Parking, Landscaping) 300,000 Land Cost (5-8 acres, $3.00+/s.f.) $0.7 - 1.1 million Range of Cost $4.25 - 4.95 million + Contingency 400,000 $4.65 - 5.35 million Implementation: Decisions need to be reached on the following items: a) When should land be secured? Much discussion has focused on the idea that the City should own, or be in the process of buying, the land when the decision is made to finance non-land costs for the New City Hall. It has been suggested that Council secure the land as soon as practicable, including outright purchase with use of the City's cash reserve. - 3 - b) When should the building be ready for occupancy? Although the charge from the City Council stated that Council will determine when the City will end leasing office space, several Committee members have expressed opinions that a recommendation should be made regarding a preference for occupancy in the City's own building. c) Which method(s) of financing are preferred and deserve further analysis? Several vehicles exist for financing the new City Hall. Some of them have been discussed by the Subcommittee and some very preliminary data have been prepared about possible financial impact. Any alternative recommended by the Subcommittee should have more thorough analysis by firms with financial expertise on these matters. The Subcommittee should identify its preferences in order of priority. Considerable discussion has taken place about the use of referendum for financing approval. The following table gives examples on the use of referendum in some other metropolitan area suburbs. Apple Valley Original building approved with referendum. Expansions accomplished without referendum. New City Hall will probably be with referendum. Brooklyn Park Present City Hall and expansions without referendum. New facility without referendum. Burnsville New City Hall with referendum (1987). Champl in Original building approved with referendum. Expansion & remodeling approved with referendum (1987) Chanhassen Facility approved with referendum (on second try) Chaska New facility approved without referendum. Maple Grove Original City Hall approved with referendum. Expansion approved with referendum. Minnetonka Original building approved without referendum. Expansion approved without referendum. New Brighton Original building approved with referendum. Expansion approved with referendum. Plymouth Facility approved without referendum. St. Louis Park Facility approved without referendum. . MEMORANDUM TO: Implementation and Finance Subcommittee Residents Advisory Committee in City Administrative Offices FROM: Craig Dawson, Staff Liaison SUBJECT: Financing Alternatives DATE: June 11, 1987 At its last meeting, the Subcommittee was presented several financing alternatives which are available to the City. We have explored some of these options during the interim and compiled the following information to assist in making recommendations. Referendum: Traditionally, the safest way to obtain the lowest rate of interest for financing a City Hall is through a referendum approving the issuance of bonds. The City commits its full faith and credit during the term of the bonds. Because interest on the bonds is tax-exempt, the City is able to pay off the bonds with lower rates of interest than conventional financing. The City of Eden Prairie generally issues debt for periods of 15 - 20 years, although State law allows up to 30 years. Two risks are readily apparent with a referendum. First, the amount of bonds to be authorized is high because numerous contingences and inflation must be included. This may contribute to the second risk: the referendum may fail. Bonds must be issued within "a reasonable period of time" after a referendum passes. This time frame is fuzzy, and we would rely on bond counsel advice. Current federal law also exempts a City which issues less than $5 million in a calendar year to have bond proceeds for that year from arbitrage rules. Lease Purchase. The City Attorney advises that State law prohibits purchases which take more than five years to accomplish unless they have been approved by referendum. Several techniques have been designed to finesse around the literal interpretation of the statute. One such option is issuing certificates of participation. (The Subcommittee has been provided with two examples of this vehicle.) Under this arrangement a financial corporation and the City would execute a lease/purchase agreement and issue certificates for in te contract other parties invest n One actfordeed betweentheCityand the financial corporation. Thep Citygwouldhin effect, but not technically, be retiring the debt through annual lease appropriations. Technically, the City's obligation is only for one year; hence, an element of risk is introduced and the rate of interest under this arrangement is 0.5 to 1.0 percent higher than a referendum-approved issue. Bond counsels advise that interest earned on the certificates is exempt from federal income tax, but would be taxable on the state income schedule. Another tool is a more conventional lease purchase arrangement which would not entail the certificates described above. With this mechanism a builder functions as mortgagor in what would customarily be a turnkey transaction. Advantages to having a private party • construct a building include the savings in time compared to that required public bidding process, and the alleged savings in costs which private projects have over public undertakings. Formerly, developers were able to have the tax-exempt status of these projects pass through to them. Recent changes in federal law removed this benefit. Under the conventional arrangement, the City would also be liable for real estate taxes (paid in the rent) until the purchase was consummated. Lease purchase is not to be confused with sale leaseback, a concept which was popular a few years ago. Sale leaseback involves a City selling a property to another entity and then paying it for use of, or a guarantee of revenue for the facility. A notable local example is the St. Paul Civic Center. Establishment of a Building Fund: Another technique to finance a new City Hall is on a pay-as-you-go basis. A building fund is a variant of this method. Because of the five- year limit on pruchases, a fund would need to be established and revenue accumulated before construction is begun. The difference between construction costs and the building fund balance at the time of construction would need to be paid within five years. The City could also take advantage of moneys in its General Fund Reserve. The amount available varies from year to year; for discussion purposes, however, one could consider $1 million for a one-time expense. City staff has tried to formulate hypothetical cash flow models based on a differing costs and different dates of occupancy. Significant changes relating to a City's taxing authority and the computations for assessed valuation were just adopted by the 1987 Legislature. For example, in 1988 all cities may increase their levy base only 3 percent plus an adjustment for population, but NOT an adjustment for increased conmecial/industrial valuation. (It appears that the C/I valuation escalator will be restored in 1989.) At this time, it is premature to make projections without a fuller understanding of the ramifcations of the new statutes. Some discussion had occurred about the impact on a "typical" Eden Prairie homestead if a set amount of property tax revenue were set aside for a building fund. The following table represents the effect of a $250,000 levy for taxes payable 1987: Homestead Est. Mkt. Value "Extra" Tax $ 80,000 $ 11.61 120,000 19.78 160,000 27.96 The mill rate impact would have been 0.73 mills. A mill raised $341,000 in 1987. Again, changes in the property classificaiton and taxation system make projections about 1988 taxes highly speculative. The 1987 figures should, however, represent the highest cost because there will be new tax base growth. CWD:jdp • * * * * * * rilf/q„ Final Comments: All of the Committee members wish t' the privilege to participate in a study which will l Eden Prairie. The Council's aim of broad-based reps._ on this Committee was realized: each member brought different perspectiv. priorities into the planning and study process, and the Committee arrived at a thoughtful, well-rounded consensus which is conveyed in this report. We commend the City Council for the generous financial and staff resources which it made available thoughout the study. Without this assistance, the Committee's work would have been considerably longer and have had less depth of analysis. The Committee is confident that this report provides the City Council with several viable, practical alternatives for the construction of a new City Hall. We, too, wait for this project to reach fruition and look forward to being present for its grand opening.