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Home My WebLink AboutCity Council - 01/03/1984EDEN PRAIRIE CITY COUNCIL AGENDA JANUARY 3, 1984 Nf -MBERS: CITY COUNCIL STAFF: INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL 7:311 PM, SCHOOL ADMINISTRATION BLDG. Mayor Wolfgang Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie; City Attorney Roger • ' Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. . Dietz, and Recording Secretary Karen Michael I. APPROVAL IF AGENDA AND OTHER ITEMS IF BUSINESS II. MINUTES A. Minutes of the City Council Meeting held Tuesday; December 6, 1983 Pagel B. Minutes of the City Council, Planning_Commission, and Parks, Recreation Page 9 & Natural Resources Commission Meeting held Tuesday, December 13 1983 CINSENT CALENDAR A. Final Plat approval for Tana er Creek (south of St. John's Wood) Page ID Xe -solutfon No. 8415 B. Final Plat approval for Maple Knoll_iDuck Lake Trail at Purgatory Page 13 Creek) (Resolution No. 8440— C. Reschedule March 21, 1984 Council reeting_to March 27, 1984 Page 16 S. Clerk's License List Page 17 E. Resolution No. 84-97 designatthe Official City Newspaper Page 19 F. Resolution No. 84-18, authorizA ?t.y Officials to transact banking Page 25 business G. Resolut on No. 84-19, author, .12 e of facsimile signatures by Page 26 Public Officials H. Resolution No,_84-11._deslno oq_Jenositories I. Resolution .No. 84-11, author, og the treasurer to invest City of Eden Prairie funds Page 27 Page 28 'V. PHRLIC_HFARINGS A. CARMEL ADDITION . by. Hans Flacon ovs .. Request for Planned Unit Develop- Page 29 ment District Review and Zonil r,ist:rict Change from Rural to R1-13.5 and Preliminary Plat of 43 acres for single family lots. (Location: North of Rowland Road and We‘A of Old Shady Oak Road). (Resolution No. 84-2 - Planned Unit leve7oo rt Oistrict; Ordinance No. 84-1 - PUD/Zoning; and Resolution Nj. 24-3 - Preliminary-Tiat). City Council Agenda - 2 - Tues.,January 3, 1984 V. PAYMENT OF CLAIMS NOS. 11299 - 11351; 11352 - 11515 r VI. REPORTS OF AIVISORY COMMISSIONS vII. APPOINTMENTS A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 Alternates B. Health Officer - Appointment of 1 Health Officer for the year 1984. Appointment by Mayor with consent of Council. C. South Hennepin Human Services Council - Appointment of 1 Council Representative and 1 City Staff Representative to serve 2 year terms commencing 2/1/84 D. WAFTA Board - Appointment of 1 Representative to serve a 1-year term commencing 1/1/84 E. Appointment of City Attorney Page 54 F. Appointment of 2 Representatives to the Suburban Rate Authority for 1984 Page 61 VIII. ORDINANCES & RESOLUTIONS A. Resolution No. 83-33, requesting approval of Planned Unit Development ,r Concept Review for mixed residential land uses on 159 acres for 525 At units for Red Rock Ranch _by Robert Mason Homes. Location: Wesi -iif Mitchell Road and East of the eastern shore of Red Rock Lake. Page 62 Resolution No. 84-13)0,/ O. Resolution No. 84-96, designating the official meeting dates, time and place for the City of -rdep Prairie Council members in 1984, and appointin. an Acting Mayor C. Resolution No. 84-12, establishing fees for the City of Eden Prairie Page 76 for 19$4 IX. REPORTS OF OFFICERS, BOAROS & COMMISSIONS A. Reports of Council Members B. Report of City Manager f/(1. Joint Powers Agreement regarding_pruposed Municipal Legislative Page 92 Commission C. Report of City Attorney O. Report of Oirector of Community Services 1. Community Center non-resident membership fees olc •- d<V0 Page 112 2. Cash Park Fees • c) Page 105 X. NEW BUSINESS XI. AIJOURNMENT. Page 75 ."-•• • Eden Prairie News 2,'` 1913 15716 West 78th Street Eden Prairie, MN 55344 937-8690 December 21, 1983 Mayor Wolfgang Penzel City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Your honor: The Eden Prairie News hereby requests designation as the official newspaper for the City of Eden Prairie during 1984. Our line rate, as computer by the office of the state printer, is as follows: 31,8 cents per line for first insertion 21,2 cents per line for each subsequent insertion 10,6 cents per line additional for extra composition, first insertion only These rates represent no increase in cost over last year. Enclosed is a letter from Mark R. Anfrnson, attorney for the Minnesota News- paper Association, concerning our status as a legal newspaper, Thank you for your attention to this matter. We hope we may continue to be of service to the city. Sincerely, .Gee) Mark Weber Publisher cc: Roger Pauly, City Attorney Enclosure MARK R. ANFINSON ATTORNEY AT LAW LAKE CALHOUN PROFESSIONAL BUILDING 3100 HENNEPIN AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55406 612-821-eau October 27, 1983 Mr. Stan Rolfsrud Publisher Southwest Suburban Publishing, Inc. 327 Marschall Road Shakopee, MN 55379 Re: Legal Newspaper Status - Eden Prairie News Dear Mr. Rolfsrud: I am responding to your recent letter concerning the Eden Prairie News, and your proposal to change that newspaper from paid subscription to free circulation. Your specific inquiry is whether or not this change will jeopardize your status as a legal newspaper. My basic conclusion is identical to yours. I can unequivocally say that I see no basis for arguing that the proposed change would alter the legal newspaper status. That of course is not to say that someone can't attempt to dispute your status once the change is made. However, I feel quite confident that such a challenge would go nowhere. The reasons I feel this way are as follows. In the first place, there is nothing whatsoever in Minnesota law which directly addresses this specific question. Neither the provisions of the applicable statutes, nor the opinions of either the Minnesota Supreme Court or the Minnesota Attorney General's office are directly on point. This is substantially in your favor, since under any reasonable interpretation of Minn. Stat. Section 331.02 your proposed change would not affect your legal newspaper status. Section 331.02 contains four provisions which are pertinent to the question here. Clause (4) requires that the newspaper "have Page 2 October 27, 1983 Mr. Stan Rolfsrud at least 500 copies regularly delivered to paying subscribers and have entry as second class matter in its local post office, or have at least 500 copies regularly distributed without aarge to local residents". Clause (6a) requires that the newspaper be made available at single or subscription prices to anyone "requesting the news- paper and making the applicable payment, or be distributed with- out charge to local residents". Clause (7) states that the newspaper must have "complied with all the foregoing conditions of this subdivision for at least one year last past", which includes the clauses just recited. There is nothing whatsoever in the language of any of the sections cited, nor in any other section of Chapter 331 governing legal newspapers generally, which states or implies that a change under clauses (4) or (6a) affects the newspaper's qualified legal status. Furthermore, it is a well-known principle of statute interpretation that statutes are to be interpreted according to their plain meaning. The plain meaning of the clauses just referred to is that a news- paper can change from paid subscription to free distribution and retain its qualified status. Clauses (4) and (6a) both simply state that the newspaper must comply with one or the other of the conditions described. From your letter, I understand that you will still be fully in compliance with those clauses once you have made your change to free distribution. I think that clause (8) of Section 331.02(1), which requires sub- mission of a U.S.P.S. "second class statement of ownership and circulation or in the absence of a permit" annual submission of a verified statement of ownership and circulation by a recognized auditing agency, once again simply gives a newspaper a choice. Provided that the newspaper complies with one or the other each year without interruption, there should be no problem. I agree that your current submission to the Secretary of State is sufficient for this year, and that next year it will be sufficient if you submit the audited statement. Section 331.02(3) lends support to this interpretation. That section lists several occurrences which will not invalidate a Page 3 October 27, 1983 Mr. Stan Rolfsrud newspaper's qualified legal status. These include consolidation with another paper, change of the newspaper's name, change of the day of publication, change of the frequency of publication, and change of the known office of issue within the county. On the other hand, that section lists occurrences which will cause a newspaper to lose its qualified status. These inclai —the suspension of publication, change of the known office of issue outside of the county, and the failure to maintain a known office of issue in the county. This statute provides an important indication of the types of occurrences which the Legislature believed should affect the qualified status of a newspaper. It is quite clear to me that the change which you are proposing has no effect on the fundamental character of the newspaper, and therefore is much more similar to the types of occurrences just listed which would not change the qualified status, than it is to the occurrencei —Nit —Iisted which would change the status. All of the latter contingencies involve some basic or fundamental alteration of the character of the news- paper or its office. By analogy, therefore, Section 331.02(3) strongly supports the interpretation which we have already arrived at. Finally, we should look at the basic reason for enactment of the laws governing legally qualified newspapers. It is quite clear that this reason is to insure the credibility, legitimacy, and permanency of a newspaper which will be publishing public notices. Nothing connected with your proposed change has any significant effect on the well-established status of your newspaper. The change that you are contemplating seems in no way to be contrary to the purposes of the statute in insuring the legitimate and permanent status of a legal newspaper. For this reason also, I am quite con- fident that a court reviewing this situation would rule in your favor. As a result of the reasons just discussed, I seriously doubt if anyone will seriously attempt to challenge you on the basis of this change. However, if someone does raise a question, you might want to consider either having an attorney for one of the municipalities which you deal with request an opinion from the State Attorney General on this matter, or seek what is called a declaratory judg- ment as to the qualified status of the newspaper as provided for Page 4 October 27, 1983 Mr. Stan Rolfsrud in Section 331.02(4). I hope this answers your question. If I can be of any further assistance in connection with this matter, feel entirely free to call on me. Also, please feel free to show copies of this letter to anyone who you would Best regards, Mark R. Anfins n MRA:ae 2cl FNCE DIRECTOR JOHN FRANE MEMO1ANDUM TO: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie City Council Agenda for Tuesday, January 3, 1984 December 30, 1983 II. A. & B. MINUTES Correct, approve and file minutes of City Council Meeting held Tuesday, December 6, 1983, and minutes of the City Council, Planning Commission, and Parks, Recreation & Natural Resources Commission Meeting held Tuesday, December 13, 1983. III. A. - I. CONSENT CALENDAR Recommend approval of items A - I on the Consent Calendar. IV. A. CARMEL ADDITION Official notice of this Public Hearing was published on December 21st in the Eden Prairie News and mailed to 23 property owners within the project vicinity. Both the Planning Commission and the Parks, Recreation & Natural Resources Commission have recommended approval. Recommend approval as follows: Close the Public Hearing; Adopt Resolution No. 84-02 for PUD approval; 1st Reading of Orinance No. 84-01 for Rezoning and PUD Development approval; Adopt Resolution No. 84-03 for Preliminary Plat approval; and Direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations (and any amendments thereto). V. PAYMENT OF CLAIMS NOS. 11299 - 11351; 11352 - 11515 Recommend approval of Payment of Claims as submitted. VII. A. APPOINTMENT - METROPOLITAN LEAGUE OF MUNICIPALITIES Appointment of Mayor and City Council would be appropriate. ( /II. B. APPOINTMENT - HEALTH OFFICER Dr. Frederic Ekrem has served for the past year. Mayor Penzel will verify his desire to be reappointed. Mayor and City Council - 2 - December 30, 1983 VII. C. VII. D. VII. E. VII. F. VIII. A. VIII, C, IX. B. 1. IX. D. 1. IX. D. 2. APPOINTMENT - SOUTH HENNEPIN HUMAN SERVICES COUNCIL Recommend the appointient of Jan Flynn as Staff Representative. Councilman Anderson has served as Council Representative for the past year. APPOINTMENT - WAFTA BOARD Mr. George Kissinger has indicated that he does not desire to be reappointed to this Board. Mr. Hacking indicates that other member cities typically appoint a Councilmember, and that regular meeting attendance is not expected unless an unusual agenda item is anticipated. APPOINTMENT OF CITY ATTORNEY Recommend the reappointment of the firm of Lang, Pauly & Gregerson, Ltd. as City Attorney for 1984. APPOINTMENT TO THE SUBURBAN RATE AUTHORITY Recommend approval of Resolution No. 84-13, designating John Frane as the Director, and George Tangen as the Alternate Director of the Suburban Rate Authority for 1984. RED ROCK RANCH PUD Some last minute substantial changes in the draft of Resolution No. 83-33 prompted me to pull this item from the Council packet. Recommend that this item be continued to the January 17th meeting. RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, ETC. Recommend approval of Resolution No. 84-06. Please note that the Acting Mayor must also be designated on the Resolution. FEE RESOLUTION The proposed changes in the Fee Resolution are underlined and the prior fees are noted. Before adopting Resolution No. 84-12, Council should address items IX. D. 1 and 2 which are also included in the Fee Resolution. JOINT POWERS AGREEMENT The basic idea of this agreement is for several suburban communities finding ourselves in the same "boat" with respect to legislative concerns, can pool our resources to hire an effective lobbyist on our behalf. Together we will represent about 400,000 in population. Our financial commitment would be limited to .25t per capita, with a $10,000 cap, Recommend approval of the Joint Powers Agreement and therein authorizing membership in the Municipal Legislative Commission, COMMUNITY CENTER NON-RESIDENT MEMBERSHIPS Recommend that the Council authorize non-resident memberships at the Community Center with the fees to be 1.5 times the established resident fees as per Mr. Pappas memo of November 28, 1983. CASH PARK FEES As per Mr. Lambert's memo of December 30th, some concerns have been expressed about the magnitude of the proposed increase in Cash Park Fees and lack of input from developers. We are recommending that this item be referred to the Development Commission for their recommendation prior to Council approval. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 6, 1983 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath & George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planninu Director Chris Enger, Director of Community Ser - vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman George Tangen was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X. A. Set Tuesday, December 27, 1983, at 7:30 p.m. as the date and time of a Special Meeting of the City Council to be held in the Council Chambers at 8950 Eden Prairie Road at which time requests for Industrial Revenue Bonds will be heard; X. B. Road System in the Castle Ridge area; and X. C. Special Assessments/Richard Miller Homes; IX. B. Letter from Congressman Frenzel. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. II. NINIITES A. Minutes of the City Council Meeting held Tuesday, November I, 1983 (continued from 11/15/83) MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the November 1, 1983, meeting of the City Council as published. Motion carried with Penzel abstaining. B. Minutes of the Special City Council Meeting held Tuesday, November 29 1983 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Special Meeting of the City Council held Tuesday, November 29, 1983, as published. Motion carried with Anderson abstaining. City Council Minutes -2- December 6, 1983 III. CONSENT CALENDAR A. Clerk's License List B. Parks, Recreation & Natural Resources Commission request regarding Cross Country Ski License C. Final Plat approval for Idlewild Office Center (Resolution No. 83-290) D. Change Order No. 2, Lorence Addition, I.C. 52-032 E. Final Plat approval for Timber Creek Woods (Resolution No. 83-292) F. Confirmation of appointment of member to the Restoration Committee G. Appointment of Auditor's for 1983 Calendar Year H. Request from S & S Land Company (Sherman & Sorem) for an extension to the time for final approval of Municipal Industrial Development Bonds MOTION: Bentley moved, seconded by Redpath, to approve items A - H on the Consent Calendar; Staff was instructed to write letters on behalf of the Council to legislators, the Governor, and the Commissioner of the Department of Natural Resources regarding cross country ski licensing. Motion carried unanimously. IV. PUBLIC HEARINGS A. HIDDEN RIDGE by Ron Krueger and Dick Mackenzie. Request for Zoning District Change from Rural to R1-13.5 and Preliminary Plat of 10.3 acres for 11 lots. Location: east of County Road 4 at Duck Lake Trail. (Ordinance No. 55-83 - rezoning, Resolution No. 83-283 - preliminary plat) - Continued from 11-15-83 City Manager Jullie noted that Ron Krueger had prepared additional grading plans showing the alignment of his interior street matching the relocated intersection of Duck Lake Trail and County Road 4. Ron Krueger, developer, addressed the street alignment situation; he showed that excessive land alteration would occur if the plan to align the interior street system of Hidden Ridge with Duck Lake Trail were followed. He reviewed the options available and reported on discussions he has had with the property owner to the south. Redpath said there are 57 units in the Mill Creek townhouse development and there are few problems with left hand turns in and out even with the amount of traffic on Highway 1. Anderson said he did not think 11 houses in Hidden Ridge would pose much of a traffic problem. Bentley asked who would pay for the improvements along County Road 4. Jullie said the developer would and this is part of the access permit agreement with Hennepin County. 2. City Council Minutes -3- December 6, 1983 There were no convents-from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 55-83. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-283, approving the preliminary plat of Hidden Ridge for Ron Krueger and Dick Mackenzie. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution including the recommendations of Staff and the City Council noting the scenic easement along Purgatory Creek consistent with the Purgatory Creek Study. Motion carried unanimously. B. REQUEST FROM JOHN LIEPKE FOR COUNCIL REVIEW OF BOARD OF APPEALS & ADJUSTMENTS DECISION ON VARIANCE NO. 83-33 (Continued from 11-15-83) City Manager Jullie stated this item was continued from the November 15, 1983, meeting to allow John Liepke time to work out a suitable arrangement with his neighbors. John Liepke, 15208 Scenic Heights Road, said Jerry Halmrast had drawn a plan for a deck for the Liepke home which was acceptable to his neighbors. He presented a copy of the plan for review by the Council. Bill Gilk, 15212 Scenic Heights Road, said this was an excellent alternative plan. He asked the City Council to approve the variance to allow for the porch and deck as shown on the plan. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to reverse the action taken by the Board of Appeals & Adjustments; and to allow John and Debbie Liepke a variance to build a deck and porch onto their home at 15208 Scenic Heights Road as indicated on the plan dated December 5, 1983, as drawn by Jerry Halmrast. Motion carried unani- mously. C. PUBLIC HEARING FOR BAYPOINT MANOR TO CONFORM TO THE REQUIREMENTS OF T.E.F.R.A. City Manager Jullie said notice of this Public Hearing had been published. He noted the purpose of this Hearing was to bring this project into confor- mance with "TEFRA" rules adopted after the project was approved by the City. The deficiency to be resolved by this Hearing is that the original notice did not specify the exact location of the project. There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to extend bond approval for one year. Motion carried with Bentley voting "no." 3 City Council Minutes -4- December 6, 1983 D. RIDGEWOOD EASEMENT VACATION (Resolution No. 83-293) City Manager Jullie stated notice of this Public Hearing had been published. Director of Public Works Dietz reviewed the location of the proposed vacation. Tom Boice, represeting Centex, was present to answer questions. There were no comments from the audience. MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 83-293, vacating utility and right-of-way easements within Ridgewood West. Motion carried unanimously. E. NORSEMAN 3rd/5th EASEMENT VACATION (Resolution No. 83-294) City Manager Jullie stated notice of this Public Hearing had been published. Director of Public Works Dietz reviewed the location of the proposed vacation. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 83-294, vacating utility and right-of-way easements within Norseman Industrial Park 3rd and Norsemen Industrial Park 5th Additions. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 10746 - 11053 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 10746 - 11053. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS A. South Hennepin Human Services Council - Mary Hayden and Rosemary Dysinger (Continued from November 15, 1983) Rosemary Dysinger introduced Russ Striker, Executive Director of the South Hennepin Human Services Council. Dysinger reviewed the work of the Council and noted the Mini-Directory which had been prepared and distributed this Fall under the auspices of the Council. She also gave an overview of the programs offered by the Council including the Surplus Food Program, Emergency Assistance Program, H.O.M.E., Family Violence, Child and Adult Abuse, etc. Dysinger said the Council is now involved in a comprehesive study of human services. City Council Minutes -5- December 6, 1983 Mary Hayden reviewed the "South Hennepin Comprehensive Implementation Draft Preliminary Report" which had just been compiled by the Comprehensive Study Implementation Committee. Copies were distributed to the Council. Hayden said the Committee is looking at areas in which nothing is being done and which might be feasible. She said family violence is being stressed as an area of priority. Russ Striker added that area-wide concerns where services are lacking are going to be focused upon by South Hennepin Human Services Council. Hayden said the Committee expects to do a lot in the next three months. The Council will be updated on their activities from time to time. VII. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 56-83, regarding Liquor License Fees City Manager Jullie stated this draft Ordinance had been placed on the agenda pursuant to the Council's direction of November 29th. City Attorney Pauly noted his memorandum of December 1, 1983, and said he had surveyed area communities and had determined that they were split on the issue of paying liquor license fees in installments. Penzel noted his reasons for bringing this issue before the Council. Bentley said he felt the City does not have a large number of licenses available and they should be looked at as an important commodity. They are a source of revenue to the City. He also said he felt the licenses should go to those who were able to pay for them. MOTION: Redpath moved, seconded by Bentley, to table action on this item to a date not certain. Motion carried unanimously. VIII. APPOINTMENTS A. Appointment of member to the Human Rights & Services Commission to fill an unexpired term to 2/28/84 Penzel called attention to a letter which had been received from Gary D. Peterson in which he stated he was resigning from the Human Rights & Services Commission. MOTION: Redpath moved, seconded by Anderson, to appoint Doug Beardsley to fill the unexpired term to 2/28/84 on the Human Rights & Services Commission. Motion carried unanimously. A letter of appreciation will be sent to Gary D. Peterson on behalf of the Council. City Council Minutes -6- December 6, 1983 IX. REPORTS OF OFFICERS, BOARDSAI COMMISSIONS A. Reports of Council Members Penzel - called attention to the Resource Advisory Committee of the Metropolitan Council meeting to be held at 3:00 p.m. on Wednesday, December 13, 1983. B. Report of City Attorney City Attorney Pauly reviewed Congressman Bill Frenzel's letter of November 30, 1983, which addressed legislation affecting tax-exempt bonds. He explained the impact this might have on the City. Pauly said the concern individual communities would have is that the basis for issuing bonds would be a city's population. Eden Prairie would lose out if that were the case. Bentley said this would toss out the reserve fund idea which had been discussed by the City. He said other options should be considered and looked into by the City. Penzel suggested each Council member communicate with his legislators regarding this issue. C. Report of City Manager There was no report. D. Report of Director of Community Services 1. North Stars /Agreement Director of Community Services Lambert called attention to his memorandum of November 30, 1983, regarding the North Stars Agreement. Penzel said he felt the City should have some guarantee as to the minimum number of hours the North Stars will use the ice. He also expressed concern about what would happen if the franchise were to move to another City. City Attorney Pauly said there are specific restrictions regarding the encumberances. He said there will be clarification on the hours of scheduling. Various points of the agreement were discussed and issues were clarified. MOTION: Bentley moved, seconded by Redpath, to recommend approval of the North StarsiAgreement relative to the construction of a locker room addition to the Eden Prairie Community Center based on 6 City Council Minutes -7- December 6, 1983 these findings of fact: 1) that the land which is leased to the North Stars for their locker room facility is determined to be excess and/or surplus land presently and for the period of 20 years; 2) that the 300 hours of ice time constitutes excess ice time for the period of the lease; and 3) that the consideration provided by the North Stars in the agreement, which consists of building a building and the City succeeding in that building at the termination of the lease, is a fair and adequate consideration going to the North Stars. The supporting evidence for these findings is found in Charles Pappas' memorandum to the City Council dated November 28, 1983, and April 21, 1983. The North Stare Agreement will reflect the amendments as noted by the Council this evening. Motion carried unanimously. X. NEW BUSINESS A. Set Tuesday, December 27, 1983, at 7:30 p.m. as the date and time of a Special Meeting of the City Council to be held in the Council Chambers at 8950 Eden Prairie Road at which time requests for Industrial Revenue Bonds will be heard. MOTION: Redpath moved, seconded by Anderson, to set Tuesday, December 27, 1983, at 7:30 p.m. as the date and time of a Special Meeting of the Eden Prairie City Council at which time requests for Industrial Revenue Bonds will he heard. The meeting will be held in the Council Chambers at 8950 Eden Prairie Road. Motion carried unanimously. B. Road System in the Castle Ridge area Penzel stated there is a need for a curb cut at the eastern end of Castle Ridge. Planning Director Enger explained the road system and the reason there was no curb cut at that junction. Penzel asked that a meeting be set up with the Castle Ridge residents so they might be able to see what is proposed in that area. Anderson asked when the semaphores will be installed at Prairie Center Drive and TH 169. Director of Public Works Dietz said MnDOT will install them in late Spring or early Summer of 1984. The City had offered the services of its traffic consultants to speed up the process. Michael Kontact will be contacted to set up a meeting with the residents and representatives from the City. City Council Minutes -8- December 6, 1983 C. Special Assessments/Richard Miller Homes Richard Miller, Mel Ford and Robert Davidson, attorney for Miller Homes, were present. Richard Miller addressed his letter of December 6, 1983, (see attached) regarding the special assessments - Timber Lakes. City Attorney Pauly said he was unable to find any authority which requires the City to remove the assessments and respread them nor could he find anything which would allow the City do so. Pauly noted that Chapter 429 of the State Statutes permits the reconsideration of assessments under certain circumstances and permits the reassessment after certain hearings. He said he did not feel the City had been remiss In these assessments and thus a rehearing would not be possible. Discussion ensued on the pros and cons of the proposal. It was the consensus of the Council that more information would be necessary before action could be taken, if action were to be taken. MOTION: Redpath moved, seconded by Anderson, to set Friday, December 9, 1983, at 4:30 p.m. as the date and time of a special meeting of the City Council at which time additional information will be presented relative to this matter. The meeting will be held in the Council Chambers at 8950 Eden Prairie Road. Motion carried unanimously. XI. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 10:36 p.m. Motion carried unanimously. UNAPPROVED MINUTES EDEN-PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY, December 13, 1983 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, Richard Anderson, George i Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie, Director of Community Services Robert Lambert, Director of Planning Chris ' Enger and Recording Secretary Karen Michael This joint meeting of the City Council; Parks, Recreation & Natural Resources Commis- sion; Planning Commission; Watershed District and MCA Floodplain Property Owners was called to order by Mayor Wolfgang H. Penni. Bill Sault of the Watershed District presented Penzel with a check for $3,000 to be used towards the cost of the Master Plan for the Purgatory Creek Recreation Area. He stated the Watershed District was pleased and honored to be a part of this. Penzel accepted the check on behalf of the City and thanked the District for its participation. Gary Tushie of Saunders-Thalden & Associates introduced the team members who were present. A memorandum and report of the Planning Team regarding this portion of the meeting is attached to these Minutes. The Council discussed various ways to proceed as the Resource Management Committee of the Metropolitan Council had voted to keep Site #2 as a site for a landfill and will forward this recommendation on to the Metropolitan Council when it meets on Thursday, December 22, 1983, at 4:00 p.m. Penzel noted the discrepencies in the findings which had been used to veto Site #1 and then had been used to favor Site #2. It has been noted the FAA has some regulations regarding the location of landfills relative to airports. This will be explored further. Other areas to be looked into are the question of Green Acres/MUSA Line, wildlife preserves, etc. The Council requested Staff to prepare a mailing to be sent to concerned residents in the landfill site area; this mailing is to be ready by Friday. MOTION: Redpath moved, seconded by Anderson, to direct Staff to work on all aspects of the problem relating to Site #2, Motion carried unanimously. It was suggested the City provide a bus for those wishing to attend the Metropolitan Council meeting on the 22nd. The meeting was adjourned at 9:50 p.m. CITY COUNCIL: CITY COUNCIL STAFF: January 3, 1984 CITY OF EDEN PRAIRlE . HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-05' RESOLUTION APPROVING FINAU PLAT TANAGER CREEK WHEREAS, the plat of Tanager Creek in the 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 Tanager Creek is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated December 28, 1983. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is 'hereby directed to file a certified copy of this Resolution in the office of the Register of Deed and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are herby 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 January 3, 1984. Wolfgang H. Penzel, Mayor ATTEST SEAL John D. Frane, Clerk /0 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Engineering Technician CAP DATE: December 28, 1983 SUBJECT: TANAGER CREEK PROPOSAL: The developer, Centurion Company, has requested City Council approval of the final plat of Tanager Creek. The area encompassed by this plat contains approximately 70 acres and is presently being divided into 6 single family residential lots (approximately 3 acres) and 4 outlots, Outlot A is to be dedicated to the City and Outlots B, C and D will be replatted at a later date. The plat is located west of Baker Raod and east of Ponderosa Hills and LaVonne Industrial Park in Section 3. HISTORY: The preliminary plat was approved by the City Council on August 17, 1982, per Resolution 83-189. Zoning to RI-13.5 and RM 6.5 was finally read and approved by the ' City Council on March 1, 1983, per Ordinance 82-20. The Developer's Agreement referred to within this report was executed on March 1, 1983. VARIANCES: A variance from the requirements of City Code 12.20, Subd. 2.A, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities and streets will be installed by the developer in conformance with City Standards. The Developer's Agreement refers to the dedication of a parcel allowing the possible connection of West 66th Street to Tanager Lane. This parcel should be shown on the plat at this time as an outlot. A recordable Warranty Deed transferring ownership of this parcel to the City will be required prior to release of the final plat. Approval from the Hennepin County DOT of the right-of-way to be dedicated on the plat for County Road No. 60 (Baker Road) will be necessary prior to release of the final plat. II Pg. 2, Final Plat Tanager Creek.. . The area easterly of Co. Rd. No. 60 shown on the plat as an exception Is contiguous with the area being platted. The Engineering Department recommends that this parcel be platted as an outlot at this time. Platting will eliminate the need for a lengthy meets and bounds description and possible title confusion. A 20 foot wide drainage and utility easement will be necessary between lots 1 and 2 to cover storm sewer to be installed prior to release of the plat. PARK DEDICATION: Outlot A is to be dedicated to the City via a Warranty Deed. A recordable document will be required prior to release of the plat. Other requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agree- ment. Bonding for this plat shall cover all municipal utilities, streets, and walkways to be installed within dedicated right-of-way and easements as shown on the plat. Bonding has been received and a grading permit issued for the project. The bond covering this work insures stabilization of grading and completion of erosion control requirements. RECOMMENDATION: Recommend approval of the final plat of Tanager Creek subject to the requirements of this report, the Developer's Agreement and the following: I. Receipt of Engineering fee in the amount of $180.00. 2. Receipt of street lighting fee in the amount of $4,969.80. 3. Receipt of street signing fee in the amount of $510.00. 4. Receipt of Warranty Deeds for Outlots A and the parcel connecting West 66th Street and Tanager Lane. 5. Receipt of Henn/DOT approval of right-of-way dedication. 6. Addition to plat of drainage and utility easements as required by Engineering Department. 7. Satisfaction of Bonding requirements. 8. Receipt of utility and street construction plans as described in the Developer's Agreement. DLO:sg 12 CITY OF EDEN PR4IRIE January 3, 1984 HENNEPIN CEIJNTY, MINASOTA RESOLUTION NO. 84-04 A RESOLUTION APPROVING FINAL PLAT OF MAPLE KNOLL WHEREAS, the plat of Maple Knoll has been sub- mitted in the manner required for platting land •nder 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 ordin- ances 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 Maple Knoll is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated December 28, 1983. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed'and/or Regis- trar of Titles for their use as required by NSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on January 3, 1984. Wolfgang H. .15ern z—el .; Mayor AllEST: SEAL -Sof; SO CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Engineering Technician g460. DATE: December 28, 1983 SUBJECT: MAPLE KNOLL PROPOSAL: The developer, Charis Partnership, has requested City Council approval of the final plat of Maple Knoll (formerly Maple Hill Addition). This plat contains 11 single family residential lots on approximately 5.3 acres located south of Duck Lake Trail between Maple Leaf Acres 2nd and 6th Additions in the South 1/2 of Section 6. HISTORY: Zoning of the site to RI-13.5 was finally read and approved by the City Council on November 1, 1983, per Ordinance 48-83. The preliminary plat was approved by the City Council on October 6, 1983, per Resolution 83-237. Resolution 83-267, approved by the City Council on November 1, 1983, contains specific conditions for approval of the plat. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All munucipal utilities and streets necessary to serve the project will be installed by the developer in conformance with City Standards. The street name "Maple Knoll Circle" as shown on the submitted plat conflicts with existing names and will be changed prior to release of the final plat. Outlot A will be combined with the right-of-way being dedicated as Duck Lake Trail prior to release of the final plat. PARK DEDICATION: The requirements for park dedication are covered in Resolution 83-267. BONDING: The requirements for bonding are covered in City Code Section 12.50, subd. 4, B. ILl Pg. 2, Final Plat Maple Knoll RECOMMENDATION: Recommend approval of the final plat of Maple Knoll subject to the requirements of this report, Resolution 83-267 and the following: 1. Receipt of fee for Engineering in the amount of $330.00. 2. Receipt of fee for street lighting in the amount of $903.60. 3. Receipt of fee for street signing in the amount of $315.00. 4. Satisfaction of bonding requirements. 5. Street name approved by Engineering Department. 6. Inclusion of Outlot A into Duck Lake Trail right-of-way. 7. Receipt of construction plans for utilities and streets. DLO:sg MEMORANDUM Mayor and City Council City Manager Carl J. Jullie c, Rescheduling of March 20, 1984 Council Meeting to March 27, 1984 December 30, 1983 TO: FROM: SUBJECT: DATE: We recommend changing the date of the March 20th Council meeting to March 27, 1984, due to the statutory change which became effective 8/1/83 and reads as follows: "Chapter 168, 202A.14, Subd. 1. The date for precinct caucuses is changed to the third Tuesday in March starting in 1984. Chapter 168, 202.19. Public meetings or events may not be held after 6:00 PM by any city, county or town governing body; any state agency, department, commission or board; any public elementary or secondary school; any community college or state university; or the University of Minnesota on the day of a caucus." CJJ:jp It CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST January 3, 1984 CONTRACTOR (MULTI-FAMILY & COMM.) Belt Line Construction Knutson Construction Co. Mi kkel son-Wu 1 ff Remodel ing Opus Construction Quality Homes, Inc. R. J. Ryan Construction Scottom, Inc. 3292 Corporation Welsh Construction CONTRACTOR (1 & 2 FAMILY) American Dream Homes, Inc. Anderson/Sode nnan, Inc. Argus Development, Inc. Bruce Bren Homes George R. Butler Const. Eliason Builders, Inc. Fireplace Construction Co. John Kraemer & Sons, Inc. Lake Minnetonka Homes, Inc. Laurent Builders, Inc. S & M Builders, Inc. Ultra Homes, Inc. Wooddale Builders, Inc. Woodridge Corporation GAS FITTER Yale, Inc. HEATING & VENTILATING Albers Sheet Metal Allan Heating & Air Conditioning Dependable Heating & Air Cond. Dronen's Heating & Air Cond. HEATING & VENTILATING (con't.) Paul Lemke & Son Mechanical Midwest Heating & Ventilating Thompson Air Conditioning 3.2 BEER OFF SALE Edenvale Golf Club Jerry's Super Valu Lions Tap Margies CIGARETTES All Services, Inc. Griswold Vending Co. Royal Coin Servomation Corporation Superamerica Surfco Twin City Vending VENDING All Services, Inc. Allen Arthur, Inc. Coca Cola Bottling Co. Griswold Vending Co. Interstate United Corporation Servomation Corporation Twin City Vending TYPE B FOOD PDQ Food Store TYPE C FOOD PDQ Food Store CLERK'S LICENSE APPLICATION LIST page two RETAIL CANDY PDQ Food Store Sears Roebuck & Co. MECHANICAL GAMES PDQ SOLICITOR Minnesota Cablesystems KENNEL LICENSE (renewal) Joan Emswiler Coleman REFUSE COLLECTION G & H Sanitation, Inc. Quality Waste Control Woodlake Sanitary Service, Inc. These licenses have been approved by the department heads responsible for the licensed activity. 64 v. A. ( Pat Solie, Licensing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-07 A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED, by the City Council of the City of Eden Prairie Minnesota, that the Eden Prairie News be designated as the official City newspaper for the year 1984. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of January 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL 15716 West 78th Street Eden Prairie, MN 55344 2,'" 190 937-8690 Eden Prairie News December 21, 1983 Mayor Wolfgang Penzel City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Your honor: The Eden Prairie News hereby requests designation as the official n e w s p a p e r for the City of Eden Prairie during 1984. Our line rate, as computer by the office of the state printer, is a s f o l l o w s : 31,8 cents per line for first insertion 21,2 cents per line for each subsequent insertion 10.6 cents per line additional for extra composition, first Insertion only These rates represent no increase in cost over last year. Enclosed Is a letter from Mark R. Anfinson, attorney for the Minneso t a N e w s - paper Association, concerning our status as a legal newspaper. Thank you for your attention to this matter. We hope we may continue t o b e of service to the city. Sincerely, la4(ladiv Mark Weber Publisher cc: Roger Pauly, City Attorney Enclosure MAIpc R. ANFINSON --`" ATTORNEY AT LAW LANE CALUOUN PROFESSIONAL HOILDINO MOO HENNEPIN AVENUE soUTE MINNEAPOLIS, MINNESOTA 05400 Ola-527-eient October 27, 1983 Mr. Stan Rolfsrud Publisher Southwest Suburban Publishing, Inc. 327 Marschall Road Shakopee, MN 55379 Re: Legal Newspaper Status - Eden Prairie News Dear Mr. Rolfsrud: I am responding to your recent letter concerning the Eden Prairie News, and your proposal to change that newspaper from paid subscription to free circulation. Your specific inquiry is whether or not this change will jeopardize your status as a legal newspaper. My basic conclusion is identical to yours. I can unequivocally say that I see no basis for arguing that the proposed change would alter the legal newspaper status. That of course is not to say that someone can't attempt to dispute your status once the change is made. However, I feel quite confident that such a challenge would go nowhere. The reasons I feel this way are as follows. In the first place, there is nothing whatsoever in Minnesota law which directly addresses this specific question. Neither the provisions of the applicable statutes, nor the opinions of either the Minnesota Supreme Court or the Minnesota Attorney General's office are directly on point. This is substantially in your favor, since under any reasonable interpretation of Minn. Stat. Section 331.02 your proposed change would not affect your legal newspaper status. Section 331.02 contains four provisions which are pertinent to the question here. Clause (4) requires that the newspaper "have Page 2 October 27, 1983 Mr. Stan Rolfsrud at least 500 copies regularly delivered to paying subscribers and have entry as second class matter in its local post office, or have at least 500 copies regularly distributed without EFarge to local residents". Clause (6a) requires that the newspaper be made available at single or subscription prices to anyone "requesting the news- paper and making the applicable payment, or be distributed with- out charge to local residents". Clause (7) states that the newspaper must have "complied with all the foregoing conditions of this subdivision for at least one year last past", which includes the clauses just recited. There is nothing whatsoever in the language of any of the sections cited, nor in any other section of Chapter 331 governing legal newspapers generally, which states or implies that a change under clauses (4) or (6a) affects the newspaper's qualified legal status. Furthermore, it is a well-known principle of statute interpretation that statutes are to be interpreted according to their plain meaning. The plain meaning of the clauses just referred to is that a news- paper can change from paid subscription to free distribution and retain its qualified status. Clauses (4) and (6a) both simply state that the newspaper must comply with one or the other of the conditions described. From your letter, I understand that you will still be fully in compliance with those clauses once you have made your change to free distribution. I think that clause (8) of Section 331.02(1), which requires sub- mission of a U.S.P.S. "second class statement of ownership and circulation or in the absence of a permit" annual submission of a verified statement of ownership and circulation by a recognized auditing agency, once again simply gives a newspaper a choice. Provided that the newspaper complies with one or the other each year without interruption, there should be no problem. I agree that your current submission to the Secretary of State is sufficient for this year, and that next year it will be sufficient if you submit the audited statement. Section 331.02(3) lends support to this interpretation. That section lists several occurrences which will not invalidate a 22 Page 3 October 27, 1983 Mr. Stan Rolfsrud newspaper's qualified legal status. These include consolidation with another paper, change of the newspaper's name, change of the day of publication, change of the frequency of publication, and change of the known office of issue within the county. On the other hand, that section lists occurrences which will cause a newspaper to lose its qualified status. These inclai —the suspension of publication, change of the known office of issue outside of the county, and the failure to maintain a known office of issue in the county. This statute provides an important indication of the types of occurrences which the Legislature believed should affect the qualified status of a newspaper. It is quite clear to me that the change which you are proposing has no effect on the fundamental character of the newspaper, and therefore is much more similar to the types of occurrences just listed which would not change the qualified status, than it is to the occurrencei —ITit —listed which would change the status. All of the latter contingencies involve some basic or fundamental alteration of the character of the news- paper or its office. By analogy, therefore, Section 331.02(3) strongly supports the interpretation which we have already arrived at. Finally, we should look at the basic reason for enactment of the laws governing legally qualified newspapers. It is quite clear that this reason is to insure the credibility, legitimacy, and permanency of a newspaper which will be publishing public notices. Nothing connected with your proposed change has any significant effect on the well-established status of your newspaper. The change that you are contemplating seems in no way to be contrary to the purposes of the statute in insuring the legitimate and permanent status of a legal newspaper. For this reason also, I am quite con- fident that a court reviewing this situation would rule in your favor. As a result of the reasons just discussed, I seriously doubt if anyone will seriously attempt to challenge you on the basis of this change. However, if someone does raise a question, you might want to consider either having an attorney for one of the municipalities which you deal with request an opinion from the State Attorney General on this matter, or seek what is called a declaratory judg- ment as to the qualified status of the newspaper as provided for Page 4 October 27, 1983 Mr. Stan Rolfsrud in Section 331.02(4). I hope this answers your question. If I can be of any further assistance in connection with this matter, feel entirely free to call on me. Also, please feel free to show copies of this letter to anyone who you would like. Best regards, tuttp• Mark R. Anf ins n MRA:ae ay CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-08 A RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for this City in the transaction of any banking busi- ness with the official depositories (hereinafter referred to as the banks), Such authority including authority on behalf of or in the name of the City from time to time and until written notice to the bank to the contrary, to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT ALSO RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor, the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of January, 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-09 A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED that the use of facsimile signatures by the following persons: Wolfgang H. Penzel, Mayor and John D. Frane, Treasurer or Carl J. Jullie, City Manager on checks, drafts, warrant-checks, warrants, vouchers or other orders on public funds deposited hereby is approved, and that each of said named persons may authorize the depository bank to honor any such instrument bearing his facsimile signature in such form as he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore his manually written signature, and that in- struments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without his authority. ADOPTED by the City Council on the 3rd day of January, 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL AC CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. -84.10--- f/-3 A RESOLUTION DESIGNATING DEPOSITORIES BE IT RESOLVED, that the Suburban National Bank of Eden Prairie Minnespta,:authorized to do banking business in Minnesota, be and beteby is designated as Official Depository for the 141)-1-i-e--Ftrrois-10- the City of Eden Prairie, County of Hennepin, Minnesota.J.The City -Triiiiiiii ,-thallTaintaiti -Mpate-o*Fatern1W/Unts-Th the de- pository. / ADOPTED by the City Council of the City of Eden Prairie on this day of gova-ry-, 1984. 7 11 Wolfgang H. Penzel, Mayor ATTEST: John D. Fiiiie, City Clerk SEAL 7,41 /6 '1 "74 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-11 A RESOLUTION AUTHORIZING THE TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial Institution authorized to do business in the State of Minnesota in Certificates of Deposit, U. S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Savings Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council on this 3rd day of January, 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #84-2 A RESOLUTION APPROVING THE DEVELOPMENT OF PLANNED UNIT DEVELOPMENT OF CARMEL ADDITION FOR HANS HAGEN HOMES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Carmel Addition PUD Development by Hans Hagen Homes and considered their request for approval for development (and variances) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on January 3, 1984; NOW, THEREFORE, BY RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Carmel Addition by Hans Hagen Homes, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, attached hereto and made a part hereof. 2. That the City Council does grant PUD Development approval as outlined in the plans, as revised, dated December 20, 1983. 3. That the PUD Development meet the recommendations of the Planning Commission dated December 12, 1983. ADOPTED by the City Council of Eden Prairie this day , 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #84-3 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CARMEL ADDITION FOR HANS HAGEN HOMES, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Carmel Addition for Hans Hagen Homes, Inc., dated December 20, 1983, consisting of 43 acres for 87 single family residential lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of , 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk 30 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISIO N 7:30P.M., CITY HALL Marty Jessen, chairperson; Raiford Baker, Marge Friederichs, Gary Gonyea, Jesse Schwartz Pat Breitenstein, Jerry Kingrey Bob Lambert, Director of Community Services Charles Pappas, Community Center Manager and Mark Weber, Eden Prairie News Monday, December 19, 1983 COMMISSION MEMBERS PRESENT: COMMISSION MEMBERS ABSENT: COMMISSION STAFF! OTHERS PRESENT: I. ROLL CALL The meeting was called to order at 7:35 p.m. by chairperson, Marty Jessen. II. APPROVAL OF AGENDA MOTION: Gonyea moved to approve the Agend a a s p u b l i s h e d . Friederichs seconded the motion and it ca r r i e d u n a n i m o u s l y . III. MINUTES OF DECEMBER 5, 1983 Page 3 paragraph 11, change to: Baker felt it w a s i m p o r t a n t that as a Loveznmental a6cncy facility, we do not cut our prices and kill private competition. MOTION: Schwartz moved to approve the min u t e s a s c o r r e c t e d . Friederichs seconded the motion and it car r i e d u n a n i m o u s l y . IV. PETITIONS, REQUESTS AND COMMUNICATIONS None Y. RECOMMENDATIONS AND REPORTS A. Reports of Commissioners - none B. Reports of Staff 1. Development Proposal - CARMEL ADDITION Representative from Hans Hagen could not b e p r e s e n t . Bob Lambert presented the plans. 31 Lambert referred to Staff Memo of December 15, 1983, which refers to the need for a neighborhood park north of Rowland Road and west of Shady Oak Road. This park would service the proposed single family residential development in this area. The terrain is very bad. It consists of marshes and wooded ridges, therefore a very difficult area to develop. The developer and staff have agreed that the 15 acres on the north portion of the site could best serve as a park. The developer has agreed to give 4.2 acres of land in this area in lieu of cash park fees of $27,950. Lambert recommends purchase of the additional 10.8 acres for no more than $20,000. Total cost for the proposed 15 acre park site would be approximately $47,950. Baker expressed concern for a skating rink. MOTION: Baker moved to accept the recommendation to acceptthe 4.2 acres and to acquire the additional 10.8 acres for no more than $20,000 and to authorize an appraisal on the 10.8 acres. Gonyea seconded the motion and it carried unanimously. .2. Touch Football- 1983 Report Jessen made comment on what a concise report it is.) He recommended that we get reports such as this on all recreation programs. 'lessen referred to this as an information item and no action is required. 3. Community Center Monthly Report Lambert made comment that we have already exceeded the total number of participants from last year. It will be another four weeks before we get the total break even costs but we should lust break even. The reason for this is the cost of maintenance has gone up due to expired guarantees. 4. Special Meetinr of December 13, 1953 This meeting was held to discuss the further planning effort for the Purgatory Creek Recreation Area. MOTION: Cnnyea moved to approve the program for the master plan. Schwartz seconded the motion and it carried unanimously. 9)1 Plarwn tn) Co 14l11V:ke'S o 11 qç3 B. CARMEL, by Hans Hagen Homes. Request for Planned Unit Development District Review, Zoning District Change from Rural to R1-13.5 (with variances) and Preliminary Plat of 43 acres for single family lots. Location: North of Rowland Road and West of Old Shady Oak Road. A public hearing. Staff received some revised information on the project as requested by the Planning Commission; however, utility information, including any detailed information describing the storm sewer system, was not submitted. Planner Enger reported that the proponent had revised the request to eliminate the northern 25% of the property nearest the proposed Crosstown highway alignment from consideration at this time. The vehicle by which the developer requested the side yard variances discussed at the October 24, 1983, meeting was now the Planned Unit Development District Review and the zoning district request has been modified to R1-13.5. Proponent also chose to reorient the direction of access to Rowland Road, rather than Shady Oak Road, while still taking sewer and water from the direction of Shady Oak Road. Staff stated that several alternatives existed for access to the property and road systems within the property. These included: 1) Primary access from Shady Oak Road through the major hill or south of the major hill; 2) Primary access from Shady Oak Road south of the major hill, planned as a minor collector road and access to Bryant Lake Park, with no roads fronting on the through-road; and, 3) Access taken from Rowland Road with a loop through the major hill, or, two cul-de-sacs in lieu of the loop, to preserve more of the major hill. Planner Enger pointed out that the implication of the developer taking primary access from Rowland Road would be that Rowland Road would require upgrading in order for the development to proceed. The representatives of the County Park Reserve District had stated their intention to upgrade Rowland Road to a park access road in 1985 or 1986, pending approval of funding from the Metropolitan Council. Mr. Hans Hagen, proponent, stated that he would be willing to meet with the landowners in the area regarding sanitary sewer access to the property. He added that, regarding the location of the blacktopped trail along Rowland Road, it would be their proposal to delete this trail along Rowland Road and berm along the road instead. Mr. Hagen stated that this would aid in buffering the property from the adjacent rural area. Also, he stated that there would be adequate trail access for the people within the development along the internal roads of the development for access to the Hennepin County Park to the south. The Commission discussed the road considerations with the proponent and Staff in greater detail. Chairman Bearman -isked about the cut proposed It the top of the hill at the east side of the property. Planner Enger responded that a 26 ft. cut was proposed, but that it would not be visually noticed from anywhere around the site as the tree line was sufficiently mature to screen any such cut. - Torjesen stated that he felt there were many properties which would require access and asked that Staff investigate the various possibilities based on the Guide Plan, to include input from the neighborhood, regarding the road systems. Planner Enger responded that he felt the major questions revolved around Rowland Road and the possibility of an east-west access road. Marhula stated that he felt it would be appropriate to see the alternatives to the access situation for the various parcels adjacent to the proposed Carmel Addition prior to taking action on the proposal. Regarding road access for the area, Chairman Bearman raised questions regarding whether the road network for the area was sufficient; whether Rowland Road should be a minor road for the area or a major road; and whether another road would be required of a major or minor collector status in addition to Rowland Road. Gartner stated that she felt cul-de-sacs would be warranted in a situation such as the Carmel plat, due to the nature of the site and the lack of impact upon the surrounding properties of cul-de-sacs. Marhula asked if the scheduling of improvement to Rowland Road was a difficulty for this project. Staff responded that Rowland Road was not an issue based on the initial alignments chosen for utilities from Old Shady Oak Road. The initial design did not impact the scheduling of improvements for Rowland Road. Marhula asked if this would change based on the revised design of the plat. Staff responded that it would. Johannes asked what the projected build-out date was for the property. Mr. Hagen responded that approximately 25 units would be sold each year, for a three-to-four year build-out time. Gartner stated that, as an interim measure, perhaps the developer could be limited to the number of units built until Rowland Road was improved. Chairman Bearman asked for comments and questions from the audience. Mr. Ed Sieber stated that he supported the use of Rowland Road as the major access. Mrs. Julia Larsen, 6509 Rowland Road, owner of a large portion of the property proposed for development as Carmel, stated that previous developers had made proposals for the property which had not met the Guide Plan requirements. She added that, because this developer met the requirements of the Guide Plan, she felt the Commission should act favorably upon the request. Mr. Michael Loosen, 6200 Old Shady Oak Road, spoke in favor of an additional east-west road to service the Carmel property and the adjacent parcels. Mrs. Gayle Farber, 6525 Rowland Road, also spoke in favor of an additional east-west road, adding that she would like her property to be considered for access purposes to such a road. Mrs. Farber added that, while Mr. Hagen had shown how access could be provided to her property, she was not necessarily in favor of development of her property at this time, only that her potential for development not be eliminated by the plans for roads being discussed. Mr. Al Pavelka, 6324 Shady Oak Road, stated that he was in favor of an additional east-west road. Mr. Leonard Uherka, 6301 Shady Oak Road, expressed concern about utility access for the property. He stated that his property had just received utilities, for which he was being assessed. This development proposed: the crossing of his same parcel with utilities, and Mr. Uherka questioned whether he would be responsible for paying for the utilties in such a case. Staff responded that assessments were assigned to properties on a benefit basis, but that the Council would make a final decision on such a matter. Mrs. Farber asked if an additional east-west road would automatically become a secondary park access to the Hennepin County Park Reserve area to the south. Chairman Bearman stated that this would be a possibility. Mr. Don Uherka, 6517 Rowland Road, questioned the advisability of an additional east-west road. MOTION: Motion was made by Gartner, seconded by Johannes, to continue the public hearing pending additional information regarding transporta- tion systems and road access for the area. Motion carried--6-0-0 e 5 Planning Commission Minutes 5 October 24, 1983 C. CARMEL, by Hans Hagen Homes. Request for Zoning District Change from Rural to R1-9.5 and Preliminary Plat of 56 a c r e s for 112 single family lots. Location: North of Row l a n d Road and West of Old Shady Oak Road. A public hearing. Mr. Hans Hagen, Hans Hagen Homes, reviewed his reques t w i t h t h e Commission, pointing out the significant site and plan fe a t u r e s . Staff reviewed the report evaluating the project, and e x p r e s s e d concern that the project was being proposed for R1- 9 . 5 z o n i n g , rather than R1-13.5, as there were few lots which did n o t m e e t t h e R1-13.5 zoning district requirement. Gartner asked who would be responsible for the ex t e n s i o n o f utilities and streets to the property. Staff responde d t h a t t h e benefitting properties would likely be assesse d f o r a n y improvements. Gartner stated that she felt a better system for naming t h e s t r e e t s within the project was necessary. Mr. Hagen stated thi s w o u l d n o t be a problem. Hallett asked if there would be direct access to this pro p e r t y f r o m the Crosstown highway proposed *along the north edg e o f t h i s property. Staff stated that there would not be an acce s s t o t h i s property, the closest would be at Beach Road, or possibl y R o w l a n d Road in the future. Cliff Bodin, 6400 Shady Oak Road, questioned how his prop e r t y w o u l d be affected by storm drainage from this property. He s t a t e d t h a t the area had a large amount of standing water currently. M r . B o d i n added that he felt this plan should be considered as pa r t o f t h e entire area, that this whole neighborhood should be re v i e w e d t o assure that all the parcels were considered and none w o u l d b e adversely affected by this project. Dean Holasek, 6301 Rowland Road, asked if the Crosstown hi g h w a y w a s planned to be higher in elevation than this property. Sta f f s t a t e d that it was not. He questioned whether the City would c o n s i d e r a 36 Planning Commission Minutes 6 October 24, 1983 lesser density for this site. Staff responded that the project density was in conformance with the Comprehensive Guide Plan. Ken Beirsdorf, real estate agent, representing the Uherkas at 6301 Shady Oak Road, asked what the impact would be on the Uherka property of extending utilities from old Shady Oak Road, across the Uherka property, to the west to meet this proponent's property. Staff responded that it would require a great deal of study to determine the options for the Uherka property. Roger Farber, 6525 Rowland Road, expressed concern that the entire area be planned as one neighborhood. He suggested that, prior to any further action or review on the part of the City, that the developer meet with the neighborhood to work with their concerns. Gedney Tuttle, 7030 Willow Creek Road, expressed concern that the run-off to Bryant Lake from this property not provide pollutants to spoil the lake. Gayle Farber, 6525 Rowland Road, asked about the progress of Hennepin County regarding their plans for upgrading of Rowland Road. Staff stated that nothing had changed at the County level at this time. Hallett stated that he felt an advantage was available to those existing residents along Rowland Road by the proponent's plan for utilities to be extended from Old Shady Oak Road. He stated that this option did not force sewer and water upon the residents of Rowland Road, whereas extension of utilities to this site within Rowland Road would do so. Acting Chairman Torjesen stated that he felt the transitional size of 2.5 acre lots would be best for this neighborhood. Mr. Hagen stated that he would be willing to set up a meeting with the neighborhood to discuss concerns and to redesign the plat where appropriate to accommodate their concerns. Also, due to the concerns regarding storm water drainage in the area, he stated that the calculations for storm water run-off could also be made soon to provide more exact information to the City and the residents. Regarding zoning to the R1-13.5 District, as opposed to the requested R1-9.5 District, Mr. Hagen stated that he would prefer to maintain the R1-9.5 District to allow for flexibility in location of the homes on the lots and to provide for the possibility of three- car garages on approximately 30% of the lots. MOTION 1: Motion was made by Gartner, seconded by Marhula, to continue the public hearing to the November 14, 1983, Planning Commission meeting 3'1 In order to allow the developer time to work with the neighborhood, provide further information regarding storm water drainage from the Planning Commission Minutes 7 October 24, 1983 site, and to redesign the plat per the recommendations of the Staff Report of October 21, 1983, to have all lots in conformance with the R1-13.5 District requirements. Johannes asked if it would be possible, perhaps through a Planned Unit Development process, to restrict the development of 30% of the lots as R1-9.5, as the proponent had requested. Staff stated that this would be a possibility if the Commission so desired. Motion carried--6-0-0 (Commissioner Schuck left the meeting at 11:30 p.m.) 1414cs°4 16 Minnesota .0 ( s Department of Transportation p- District Five gr 5801 Duluth Street OF TO Golden Valley, Minnesota 55422 (612) 545.3761 November 16, 1983 Mr. Chris Enger Director of Planning Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 S.P. 2785 1-394 Plat review of Carmel'/ located south of CSAH 62 between Rowland Road and CS/II 61 in Eden Prairie, Hennepin County Dear Mr. Enger: The above referenced plat does not abut an existing or future trunk highway, therefore, we have no comments in regard to the plat. Thank you for continued cooperation in the plat review process. Sincerely, Evan R. Green Project Manager ERG:bn An Equal Oppormnity Employer miCZ.:i> 39 DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 7_5 -- HENNEPIN NoveMber 4, 1983 Mt. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat - "Carmel" Future CSAH 62 - Approximately 1,250 Ft. W. of CSAH 61, S. of Future CS A H 6 2 Section 2, Township 116, Range 22 Hennepin County No. 1132 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require Count y r e v i e w o f proposed plats abutting County roads. We reviewed the above plat and f o u n d i t acceptable with consideration of these conditions: -NO additional right of way required by Hennepin County in the area o f t h i s p l a t for the future construction of CSAH 62. -Since the final profile grades for future CSAH 62 are not establishe d , H e n n e p i n County may require temporary grading easements on the property abuttin g f u t u r e CSAH 62. -Since future CSAH 62 will be a limited access roadway, providing all a c c e s s t o this plat via Rowland Road is acceptable to Hennepin County. -111 proposed construction within County right of way requires an appro v e d u t i l i t y permit prior to beginning construction. This includes but is not limit e d t o , drainage and utility construction, trail development, and landscaping. S e e o u r Maintenance Division for utility permit forms. -The developer must restore all areas disturbed during construction wi t h i n C o u n t y right of way. Please direct any response or questions to Les Utigelt. Sincerely, I /11.le?,e James M. Wold, P.E. Chief, Planning and Programming HENNEPIN COUNTY on equal opportunity employer MEMORANDUM TO: Parks, Recreation and Natural Resources Commis s i o n FROM: DATE: SUBJECT: 7 . - Bob Lambert, Director of Community Services —At_ •n• December 15, 1983 Supplementary Staff Report to the October 21, 1 9 8 3 P l a n n i n g S t a f f Report for Carmel Addition The Community Services staff have determined t h e r e i s a n e e d f o r a n e i g h b o r h o o d p a r k north of Rowland Road-and west of Shady Oak Ro a d t o s e r v e t h e p r o p o s e d r e s i d e n t i a l development in this.area. This entire area is c o m p o s e d o f s t e e p w o o d e d h i l l s a n d low marshy areas, andris -difficult to develop f o r r e s i d e n t i a l , a s w e l l a s f o r n e i g h - borhood park facilities which are mainly activ e u s e a r e a s . .., • ' - - • - - Mr. Hans Hagen, the developer of this project, h a s b e e n v e r y c o o p e r a t i v e i n w o r k i n g with the City staff to determine a location th a t w o u l d h a v e a c c e s s f r o m t h e e a s t a n d the west, as well as.serving this site, withou t d e s t r o y i n g t h e d e v e l o p m e n t p o t e n t i a l of the si t e . • Mr. Hagen is proposing—to develop approximat e l y 4 1 a c r e s o f t h i s 5 6 a c r e s i t e . I f t h e City required land in lieu of cash, the City w o u l d b e a b l e t o t a k e u p t o 4 . 1 a c r e s f o r neighborhood park purposes. It was very diffi c u l t t o f i n d 4 . 1 a c r e s o n t h i s s i t e that would be suitable ±'i parkpurposes that w o u l d n o t e l i m i n a t e a l a r g e p o r t i o n of the developable property on this site. After a great deal of discussion, the develop e r a n d s t a f f h a v e a g r e e d t h a t t h e 1 5 acres on the north portion of the site could b e s t s e r v e t h i s d e v e l o p m e n t a n d f u t u r e residential subdivisions to the east and to t h e w e s t f o r p a r k p u r p o s e s . O f t h i s 1 5 acres approximately 4.4 is on stable soils an d r e l a t i v e l y l e v e l . A p p r o x i m a t e l y 2 acres contains steep wooded slopes that would a b u t t h e f u t u r e C r o s s t o w n F r e e w a y , a n d approximately 8.5 acres is existing marshland . T h e c i r c u l a r s h a p e d m a r s h i n t h e northeast portion of the site consists of abo u t 2 . 5 a c r e s a n d s o i l b o r i n g s i n d i c a t e m u c k y peat to a depth of -29 feet. The marsh in the northwest corner o f t h e s i t e c o n t a i n s about 2.3 acres and has peat to a depth of 5- 6 f e e t , a n d t h e m a r s h i n t h e s o u t h e a s t portion of the site contains about 3.5 acres a n d h a s p e a t t o a d e p t h o f a b o u t 2 2 f e e t . The Community Services Staff support this sit e f o r a n e i g h b o r h o o d p a r k f o r s e v e r a l reasons: 1. This site .has .sufficient developable property t o p r o v i d e t y p i c a l neighborhood park facilities including a comb i n a t i o n s o f t b a l l / f o o t b a l l field, possible tennis court facilities, and a p l a y g r o u n d a r e a , a s w e l l as ice slating rink. 2. Although, it is on the northern edge of the service area, it is c e n t r a l l y located between Shady . Oak Road and the northern portion of Rowland R o a d . 3. Safe pedes1rian access can be provided via a s i d e w a l k s y s t e m a l o n g t h e north/south street presently called Carmel Ro a d a n d a l o n g C a r m e l C i r c l e and the extension road to the cast and along C a r m e l D r i v e a n d t h e e x t e n s i o n to the west. • -2- 4. A good p o r t i o n o f t h e 1 5 a c r e s c a n b e l e f t i n i t s n a t u r a l ! M O W 00 ,01: providing n e i g h b o r h o o d p a r k f a c i l i t i e s i n a n a t u r a l s e t t i n g , S. This pa r k w i l l p r o v i d e a g o o d b u f f e r b e t w e e n s i n g l e f a m i l y reolAmiris t i and the fu t u r e C r o s s t o w n F r e e w a y . The Commun i t y S e r v i c e s S t a f f r e c o m m e n d t h a t t h e C o u n c i l a c c e p t 4 . 1 a c r e / Of tho developabl e p o r t i o n o f t h i s p r o p e r t y i n l i e u o f c a s h p a r k f e e s a n d f u r t h o r m O r s , would reco m m e n d o b t a i n i n g a n a p p r a i s a l f o r t h e r e m a i n i n g p o r t i o n o f t h i S s i t e t o determine a f a i r m a r k e t v a l u e f o r t h e r e m a i n i n g a p p r o x i m a t e 1 0 . 8 a c r e e l h o w e v e r , that price s h o u l d n o t e x c e e d $ 2 0 , 0 0 0 . By accept i n g 4 . 1 a c r e s o f t h i s p a r k l a n d i n l i e u o f c a s h p a r k f e e s , t h e t 7 W o u l d be giving u p $ 2 7 , 9 5 0 i n s i n g l e f a m i l y c a s h p a r k f e e s a t t o d a y ' s ' r a t O ( $ 1 4 1 , 011 met the propos e d r a t e o f $ 4 0 0 p e r u n i t ) . T h i s i s p u t t i n g a v a l u e o n t h s O O M q 4 1 1 011 411- portion of t h a t p r o p e r t y a t $ 7 , 0 0 0 / a c r e ( $ 8 , 6 0 0 / a c r e a t t h e p r o p o s e d eeeyt 2e i s reasonable t o a s s u m e t h a t t h e d e v e l o p a b l e p o r t i o n o f t h i s p r o p e r t y e e 140014111 te.- cost that w o u l d p r o b a b l y d o u b l e t h a t a m o u n t . The Plann i n g C o m m i s s i o n r e v i e w e d t h e C a r m e l A d d i t i o n o n M o n d a y , D e t t i e k a t e k recommende d a p p r o v a l a s p e r t h e P l a n n i n g S t a f f R e p o r t o f O c t o b e r 2 1 . the recom m e n d a t i o n s t o r e a d a s f o l l o w s : ' 1. Provide t h e p r o p o n e n t t h e o p p o r t u n i t y t o r e v i s e t h e d e v e l o p intatagoriesi rezoning f r o m R u r a l t o R 1 - 1 3 . 5 w i t h v a r i a n c e s f o r s i d e y a r d 10 feet a s a t r a d e - o f f f o r p r e s e r v a t i o n o f t h e m a j o r h i l l a n i F l a t subject to t h e f o l l o w i n g c o n d i t i o n s : A. Prior t o C i t y C o u n c i l r e v i e w , p r o p o n e n t s h a l l : 1. Revise th e p r e l i m i n a r y p l a t t o m e e t a l l l o t r e q u i r e s / M A P " R1-13.5 Di s t r i c t . 2. Submit a t r e e i n v e n t o r y i n d i c a t i n g t h e s i z e , trees lost w i t h d e v e l o p m e n t . 3. Submit ero s i o n c o n t r o l a n d s l o p e s t a b i l i z a t i o n 4. Submit gra d i n g l i m i t s a n d a g r e e t o p l a c e s n o w f e n c i n g a l o n l undisturbe d a r e a s . S. Submit c o m p r e h e n s i v e s t o r m s e w e r i n f o r m a t i o n . 6. Revise the s i t e p l a n p r o v i d i n g a S O f o o t r i g h t - o f - w a y road exten s i o n b e t w e e n L o t s 8 a n d 9 , B l o c k 1 t o t h e w e s t ' ' ' . 7. Revise the s i t e p l a n p l a c i n g f i v e f o o t w i d e c o n k e e s t the north s i d e o f C a r m e l D r i v e a n d C a r m e l L a n e f l I r j l e 7 : 7 2111 eI Road to Ca r m e l D r i v e , a n d o n t h e n o r t h s i d e o f At rt estension. 8. Extension o f t h e r o a d t o t h e e a s t p r o p e r t y l i n e fora wen Lots 4 and S, B l o c k 4 a n d o n e a d d i t i o n a l l o t z 7 ^I'Lve. -3- 8. Prior to final plat. the-proponent shall: 1. Submit detailed utility information to the Engineering Department for review and approval. 2. Receive Watershed District approval. 3. Reach agreement with the Farber's concerning inclusion and development of their property. 4. Dedicate a 4.1 acre park area to the City. City to purchase remaining portion of the north outlot for a cost not to exceed $20,000. S. Change steet names for fewer "Camel 'a". 6. Interim improvement to Rowland Road shall be shared by the developer. C.. Prior to building permit issuance, proponent shall: 1. Receive permit from Hennepin County to work within the County right-of-way. 2. Construction limits within wooded areas shall be fenced with snow fence. Trees removed or damaged outside of the construction area must be replaced, caliper inch for caliper inch. The Community Services Staff requests the Parks, Recreation and Natural Resources Commission to recommend approval as per the October 21 Planning Staff Report with the revisions stated in this report and request the Commission to recommend the Council authorize staff to obtain an appraisal on the proposed 15 acre park site to determine the value of the 10.8 acres the City will purchase from the developer. BL:md ii3 STAFF REPORT Planning Commission Stephen Sullivan, Assistant City Planner Chris Enger, Director of Planning October 21, 1983 Carmel Addition North of Rowland Road and West of Shady Oak Road Hans Hagen Homes Ernest and Julie Larson Donald and Evelyn Uherka TO: FROM: TRIVUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUESTS: 1. Zoning District Change from Rural to R1-9.5 2. . Preliminary Plat of 56 acres for 112 lots Background The Comprehensive Guide Plan designates the parcel for Low Density Residential. The current zoning is Rural. Existing Site Character The parcel is bordered to the north by the proposed 62nd Crosstown Freeway alignment. and to the south by Hennepin County Park Reserve land. To the east and west large rural homesteads exist. A home and several outbuildings exist within the property. The home is proposed to be incorporated within the plat. Existing vegetation consists of mainly meadow grasses and cropland. Large areas of swamp vegetation and woodland are predominant within the parcel. The proponent has not submitted a tree inventory indicating trees to be lost with development. Evaluation of the aerial photos indicates a majority of the woods and swamp areas being saved. The existing topography is characterized by rolling hills with steep slopes ranging from 10-40% and vertical drops of up to 60 feet. Storm water drainage runs to several low swamp areas located within the site. Soil correction will be necessary for residential development of the parcel. Small mauls, birds, and deer will be displaced to surrounding rural and park areas with development. Liq Carmel Addition Staff Report 2 October 21, 1983 Land Use The developer requests R1-9.5 zoning and platting of 112 single family lots. The developer feels the R1-9.5 request would provide the necessary flexibility with side yard setbacks to allow the development of large homes. The prices of homes will range from $125,000 to $225,000. The intent of the R1-9.5 District is to provice smaller lots with lower cost for smaller homes. The reduced side yard setback of five feet and ten feet is to be in scale with a smaller home on a small lot. This proposal would place large homes next to other large homes and utilize small setbacks. Ordinance Requirements All lots meet or exceed the lot size, lot width, lot depth, front yard setback, rear yard setback, and side yard setback requirements for the R1-9.5 District. The following is the lot area information for the project: Minimum lot size Maximum lot size Average lot size Lot size range: 9,500 to 13,499 sq. ft. 13,500 to 21,999 sq. ft. 22,000 sq. ft. and over Gross Density: 2 units per acre 11,250 sq. ft. 43,650 sq. ft. 18,840 sq. ft. 22 lots 62 lots 28 lots Site Plan Access to the parcel is proposed off Rowland Road. Rowland Road has a rock surface and is not designed to carry the traffic generated from the proposed development. The nearest water and sanitary sewer service is from County Road #61. The future improvement of Rowland Road would include a 12 inch watermain. The developer plans to bring utilities through a parcel to the east following a potential road alignment to County Road #61. In order to develop the Carmel parcel, an agreement would need to be reached with the easterly property owner, thus allowing Carmel road and utility access. This road alignment should intersect with County Road #61 across from the northern access to the City West project. The proposal does not provide a road link to the adjacent parcel to the west. The terrain to the west is characterized by steep slopes with extreme vertical change. Staff recommends a 50 foot right-of-way dedication between Lots 8 and 9, Block 1. This would provide a public road frontage to the remnant Larsen property and would also provide circulation between the adjacent parcels with any future development. Pour cul-de-sacs are proposed. The Carmel Road cul-de-sac exceeds the 500 foot maximum length. Staff reconnends that Carmel Court cul-de-sac dog-leg to the north, thus eliminating Carmel Bay cul-de-sac. The existing topography compliments such a revision. This would eliminate one cul-de-sac and provide the proponent the Carmel Addition Staff Report 3 October 21, 1981' opportunity to plat large lots in lieu of the seven small lots. The alignment for the 62nd Crosstown Freeway lies directly north of the property. Twelve lots abut the right-of-way. The building pad elevations for these lots are between 900 and 905. The preliminary design elevation for the Crosstown Freeway is 960. Noise impact and abatement information is needed in order to properly evaluate the impact of noise from the Crosstown Freeway to the proposed Carmel development. No sidewalks are proposed. Sidewalks are needed along the north side of Carmel Drive and Carmel Lane. Also, a sidewalk should be placed on the west side of Carmel Road up to Carmel Drive and on the north side of the recommended west extension between Lots 8 and 9, Block 1. The grading plan indicates cuts up to 30 feet with fills up to 15 feet. Slopes ranging from 2-33% are proposed. Road grades range from 1-7.5%. No erosion control or slope restoration information has been submitted. The site plan indicates grading limits, which save a majority of the wooded and swamp areas while maintaining the existing topographical character. Storm water is to be outletted into the adjacent wetland areas. The storm water then runs to a large wetland located west of Shady Oak Road, then eventually outlets to Bryant Lake. A comprehensive storm water study is necessary in order to evaluate . developmental impact. RECOMMENDATIONS Staff recommends one of the following alternatives: 1. Denial for the zoning from Rural to R1-9.5 and preliminary plat for the Carmel development. 2. Provide the proponent the opportunity to revise the development plan requesting rezoning from Rural to R1-13.5 with no variances and preliminary plat subject to the following conditions: A. Prior to City Council review, proponent shall: 1. Revise the preliminary plat to meet all lot requirements for the R1-13.5 District. 2. Submit a tree inventory indicating the size, type, and location of all trees lost with development. 3. Submit erosion control and slope stabilization information. 4. Submit grading limits and agree to place snow fencing along the undisturbed areas. 5. Submit noise and impact information for Crosstown Freeway. 6. Submit comprehensive storm sewer information. 7. Revise the preliminary plat to delete Carmel Bay cul-de-sac and dog-legging Carmel Court to the north. Carmel Addition Staff Report 4 October 21, 1983 8. Reach agreement with the easterly property owners allowing road right-of-way and utilities through the adjacent property to service the Carmel development. The alignment shall intersect with County Road #61 at the north City West development access. 9. Revise the site plan providing a 50 foot right-of-way and an improved road extension between Lots 8 and 9, Block 1 to the west property line. 10. Revise the length of Carmel Road cul-de-sac not to exceed the 500 foot maximum. 11. Revise the site plan placing five foot wide concrete sidewalks along the north side of Carmel Drive and Carmel Lane, on the west side of Carmel Road to Carmel Drive, and on the north side of the recommended westerly extension between Lots 8 and 9, Block 1. An eight foot wide bituminous path shall be placed on the north side of Rowland Road. B. Prior to final plat, the proponent shall: 1. Submit detailed utility information to the Engineering Department for review and aprpoval. 2. Receive approval for access to County Road #61 from Hennepin County. 3. Receive Watershed District approval. C. Prior to building permit issuance, proponent shall: 1. Receive a permit from Hennepin County to work within the County right-of-way. 2. Pay the Cash Park Fee. 3. Construction limits within wooded areas shall be fenced with snow fence. Trees removed or damaged outside of the construction area must be replaced, caliper inch for caliper inch. 11 LIZ -./CARNIEL City of Eden Prairie, MN Stormwater Management Plan November 1983 Drainage Patterns This area is hilly with natural depressions north and east of the plat and within. The property west is 30 to 50 feet higher and partially drains toward the plat. A ponding area within the plat overflows southeast to a large natural holding area east of the plat which discharges through two culverts under Old Shady Oak Road. The area between Old Shady Oak Road and Shady Oak Road (Co. Rd. 61) overflows south through another culvert under Old Shady Oak Road, to a drainage swale discharging into Bryant Lake. The City of Minnetonka Stormwater Management Plan includes two discharges to the lowland north of the plat, which over- flows to the holding area adjacent to the plat described above. These will discharge through 36" and 42" RCP culverts under the future Crosstown Freeway, designated as No. 593 and 594 respectively in this report; with 100-year discharges of 64 cfs and 94 cfs. The 36-inch discharge is at the northwest corner of the lowland and the 42" is 300 feet east of the east line of the plat extended north. Proposed Etormwater System The proposed grading plan and preliminary utility layout includes a stormsewer along Carmel Road, and catch basins on the south leg of Carmel Circle, discharging into a pond inside of Carmel Circle. The overflow for this pond is through a storm sewer into the lowland north of the plat. Two catchbasins for the north leg of Carmel Circle are on this discharge pipe. Site grading would close the existing overflow from Carmel Pond and raise the water level. Carmel Pond: 2.4 Acres, Normal Water Level 896.00 420,000 cu. ft. storage (9.64 Ac. ft.), High Level 900.00 New bottom elevation 892.00 CARMEL-Stormwater Management Plan, Sheet 2 Drainage Areas A summary of the- -runoff computations is presented in the table below: AREA Acres - Minutes i c Conc. Time 100-yr - cfs To North Existing 11.0 plat + 4.6 west 20.0 6.49 0.40 • 40.5 Proposed 10.9 plat 44.7 west 20.0 6.49 0.45 45.6 To- East Existing 16.9 plat +2.6 west 40.0 4.09 0.40 31.9 Proposed 7.1 plat +0 20.0 6.49 0.45 20.7 To Pond Existing 14.9 plat +2.1 west 20.0 6.49 0.40 44.1 Proposed to Pond 24.8 plat +4.6 west 28.0 5.19 0.55 _ (83.9) Proposed from Pond 420,000x2 1 28 0-195 1.20 0.55 19.4 83.9x60 TOTAL FROM PLAT 42.8 plat +9.3 west EXISTING 116.5 PROPOSED 85.7 Certification of Report Dennis E. Brown, P.E. //1/°/93 Date 144.4 Reg. NO. I hereby certify that this report was prepared by me or under my direct super- vision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. .... I II •:;K \C':;71,,/j; - '''... '''n ,'Z'',A -> i Ter.;CS k 7.7 A ,'0"‘,.'/;"n(Y z• : "f\-' 6...-...:,E ,,j J:1 :)1•-(: - ,N , - .,.._fic-k! k p ''/;1/al -/:.t • 6$ !COEN PRAIRIE) 08 NI. TO ,NN 5 7,173 IV SW ik 8 MI. TO INTERSTATE 33W SCALE 1:24000 ROWLAND 1.2 MI. CHASKA Ii MI. .67 I 25' • •,,N( TIC NORTH Of SHUT THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY, RES10N.VIRGifEtA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST QUADRANGLE Loc Revisions shown in pinple comp. photographs taken 1972 and 19 This information not field check, Purple tint indicates extension C l ;xi 1 11 ARE:, • irn Tau lams Sept. 22, 1983 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN. 55344 Re: Supportive matter to rezoning application for Carmel 1. The existing land use is agricultural. 2. The City has guided the iand for ;low density residential. 3. Hans Hagen Homes, Inc. is requesting that the land be rezoned from RU to R9.5. 4. The project will start immediately following plat approval. 5. Hans Hagen Homes, Inc. will develop the land, build and sell the homes with their own staff. 6. Please see enclosed brochures for architectural designs we will use. 7. There will not be any legal instruments other than the plat and abstracts or Title Insurance. 8. The building coverage shall be approximately 8% of the total land area. 9. The County half section is shown on the preliminary plat. 10. The adjacent land use is as follows: North (City of Minnetonka) - Industrial East - Residential South - Residential and County Park West - Residential and Agricultural 2353 Rice Street North St. Paul Minnesota 55113 Phone 1612) 483.0801 We Build Dreams. I 11. The City guide plan is low density residential. The plat is absolutely consistent with the City guide plan. The average lot size is 18,500 square feet. The minimum square front footage at the setback line is 80 feet except for cul-de-sac lots. 47% of the lots are 90 feet at the setback line. 12. The site constraints are numerous: 1. The elevation differential is over 65 feet and over 100 feet if adjacent land is considered. 2. Soil conditions are poor in many areas and need substantial corrections. 3. Mature trees must be retained to save the character of the site. 4. Most important, various parcels must be assembled to meet the city guide plan, to provide a safe and efficient street pattern. 5. Two single family residiences exist on the site and must be retained. The land is expensive, probably because of the industrial development occuring to the North and to the East and also because the property abutts Crosstown Freeway. The property owners have previously been approached by land developers who were promoting a land use that included high density residential and office buildings. The plat respects the existing land contours. Less than 17% of the "swamp" area is disturbed and this is to accomodate a reasonable street pattern. The existin,„ drainage pattern will not change because we have respectO the existing drainage swale and low ground. Large lots, many of which will remain in the natural "wild" condition will reduce the runoff associated with higher density development negating the impact on adjacent land owners. Virtually no storm sewer is re4uired which reduces the cost of maintenance for the City. All developments require compromise. Carmel is no exception, however the only compromise that Carmel needs is the acceptance of four cul-de-sacs. These were designed in the plat because of the physical constraint of topography,vegetation or natural ponding areas. 52, 1. Carmel Road - There is a natural pond on the East, a freeway on the North and a 100 foot hill on the West. 2. Carmel Bay - There is a thick grove of trees on the North and East and a pond just beyond the trees on the North and East. 3. Carmel Court - This road could be extended to open the land to the East.A temporary turn around be installed rather than a permanent cul-de-sac, however it is our understanding that the land owner to the East would prefer to retain the property in an undeveloped state. 4. Carmel Circle - This area has trees and a severe drop in topography to the North and East. Rowland Road is to the South. The economic constraint of the site consists of: 1. High land price 2. Poor soil conditions 3. Severe slopes The use of the R9-5 zone provides sufficient flexibility in side yards to permit the construction of larger homes and still accomodates necessary sloping for drainage easements. It is our opinion that Carmel will be one of the finest low density single family neighborhoods in Eden Prairie. Homes will range in price from $125,000.00 to $225,000.00. The environment is being respected. Trees, slopes and ponds are being saved. The City has enabled this to occur with the newly designed R9.5 district. Cordially, • ;/. ' , --Hans'7...Nagen, Jr. President ) - UTILITY BILLS POSTAGE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE LIQUOR LIQUOR WINE LIQUOR WINE WINE LIQUOR WINE WINE REFUND-EXERCISE CLASSES INVESTMENT SCHOOL-FIRE DEPT REGISTRATION FEE-ANIMAL CONTROL FIREMENS PENSION FUND REIMBURSEMENT POSTAGE-POLICE DEPT POSTAGE-1984 HOMESTEAD CARDS BULK MAILING-COMMUNITY CENTER EXPENSES REFUND-SNOW TUBING REFUND-SKI CLASSES 1984 BULK MAILING FEE REFUND-SNOW TUBING REFUND-SNOW TUBING POSTAGE-CITY HALL REFUND-SKI CLASSES PAYROLL-12/23/83 PAYROLL-12/23/33 PAYROLL-12/23/83 PAYROLL-12/23/83 PAYROLL-12/23/83 PAYROLL-12/23/83 PAYROLL-12/23/83 PAYROLL-12/23/83 PAYROLL-12/23/83 REFUND-EXERCISE CLASSES POSTAGE-WINTER PROGRAMS EXPENSES-POLICE DEPT PRINTING-SENIOR CITIZENS 9,1 250.12 1042.44 584.15 3275.60 9419.30 1674.04 639.68 4919.62 1533.61 877.77 6529.60 1028.82 167.15 1832.73 731.39 251.27 0.00 3.00 532.64 30.00 99.65 103765.00 600.00 984.98 97.93 10.00 15.00 48.00 80.00 7.00 7.00 300.00 17.00 16605.62 9338.20 65.00 104.00 , 3604.00 1 71.50 ; 37.50 1127.55 1 14961.35 9.00 645.44 269.00 69.98 0.00 0.00 0.00 0.00 0.00 0.00 0.00 28.00 S188234.6: DECEMBER 30,1983 c.,.99 HOPKINS POSTMASTER 11300 BLUE CROSS INSURANCE 11301 NICOLLET EITEL HEALTH 11302 MEDCENTER HEALTH PLAN 11303 PHYSICIANS HEALTH PLAN 11304 GROUP HEALTH PLAN 11305 WESTERN LIFE INSURANCE CO 11306 ED PHILLIPS & SONS CO 11307 QUALITY WINE CO 11308 INTERCONTINENTAL PCKG 11309 GRIGGS COOPER & CO INC 11310 TWIN CITY WINE CO 11311 EAGLE WINE CO 11312 JOHNSON BROTHERS WHOLESALE LIQUOR 11313 CAPITOL CITY DISTRIBUTING CO 11314 PAUSTIS & SONS 11315 VOID OUT CHECK 11316 CAROL MURRAY 11317 NORWEST MINNEAPOLIS 11318 UNIVERSITY OF MINNESOTA 11319 CRAGUNS CONFERENCE 11320 EDEN PRAIRIE FIRE RELIEF 11321 U S POSTMASTER li322 U S POSTMASTER 23 HOPKINS POSTMASTER 11324 PETTY CAS4 11325 ERIC NELSON 11326 PAUL WEGNER 11327 UNITED STATES POST OFFICE 11328 KERRY BURNS 11329 TRACY KNUDSEN 11330 HOPKINS POSTMASTER 11331 LANCE NEEDHAM 11332 FEDERAL RESERVE BANK 11333 COMMISSIONER OF REVENUE 11334 MINNESOTA STATE RETIREMENT 11335 AETNA LIFE INSURANCE 11336 GREAT WEST LIFE ASSURANCE 11337 UNITED WAY OF MINNEAPOLIS 11338 SUBURBAN NATIONAL BANK 11339 NORWEST BANK OF HOPKINS 11340 PERA 11341 MARY MURNANE 11342 HOPKINS POSTMASTER 11343 GREGG NELSON TRAVEL 11344 INSTY-PRINTS 11345 VOID OUT CHECK 11346 VOID OUT CHECK '1 347 VOID OUT CHECK .348 VOID OUT CHECK 11349 VOID OUT CHECK 11350 VOID OUT CHECK 11351 VOID OUT CHECK 10874 VOID OUT CHECK 18823463 ( 'ember 30, 1983 Cash Disbursements by Fund Number 10 GENERAL 15 L/5 PRAIRIE VILLAGE MALL 17 L/S PRESERVE 73 WATER FUND 81 TRUST I ESCROW FUND 82 FIRE RELIEF FUND 83 INVESTMENT FUND $188234.63 65842.91 10556.70 7315.26 250.12 -28.00 103765.00 532.64 JANUARY 3,1984 11352 ORRIN ALT - '53 MOLLY BAIRD . J54 ANNETTE BEACH 11355 V JAMES BERGSTROM 11356 BILL BLAKE 11357 BRIAN BLANCH 11358 MICHAEL BOSACKER 11359 LANCE M BRACE 11360 LES BRIDGER 11361 THOMAS K BROWN 11362 DANIEL J CARLSON 11363 JAMES G CLARK 11364 JOHN D CONLEY 11365 JOYCE CONLEY 11366 KYLE DUCHSCHERE 11367 JACK HACKING 11368 DONNA HYATT 11369 JAMES W KLINE 11370 ALLEN R LARSON 11371 JIM LINDGREN 11372 JAMES L MATSON 11373 CURTIS R 03ERLANDER 11374 PAULINE OLSON 11375 DENNIS PAULSON 11376 DANA PEARSON 11377 RICK RABENORT 378 TIM RUST £379 JOHN SORENSEN 11380 KEITH WALL 11381 JULIE WANQUIST 11382 STEPHEN WHITE 11383 A & H WELDING & MFG CO 11384 STUART ALEXANDER 11385 AMERICAN BELL 11386 AMERICAN SCIENTIFIC PRODUCTS 11387 AMERICAN WATER WORKS ASSOC 11388 EARL F ANDERSEN & ASSOC INC 11389 ASPLUND COFFEE CO INC 11390 TERRY AUSTIN 11391 BACHMANS 11392 BACHMANS 11393 ARNIE BARNES 11394 BRIAN BLANCH 11395 BRAUN ENGINEERING TESTING INC 11396 BUTCHS BAR SUPPLY 11397 BUTLER PAPER 11398 C & N W TRANS CO 11399 CLUTCH & U-JOINT BURNSVILLE INC 11400 JOHN CONLEY 11401 SHERMA COOMBS 11402 COPY EQUIPMENT INC 1403 DALCO 11404 DAY-TIMERS INC 11405 DAYTOURS 11406 DEALER AUTOMOTIVE SERVICES INC 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE . 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE 1984 UNIFORM ALLOWANCE STEEL BAR-STREET DEPT MILEAGE SERVICE-POLICE DEPT LAB SUPPLIES-WATER DEPT FILM-WATER DEPT STREET SIGNS CONCESSION STAND SUPPLIES-COMMUNITY CENTER INSTRUCTOR-EXERCISE CLASSES/FEES PAID FLOWERS REFUND FIRE HYDRANT DEPOSIT BASKETBALL OFFICIAL/FEES PAID SCHOOL-POLICE DEPT SERVICE-LORENCE ADON SUPPLIES-LIQUOR STORES TOWELS-CITY HALL 1 YEAR LEASE AGREEMENT-STORM SEWER HOSES/CLUTCH SET/FLYWHEEL-EQUIPMENT MAINT 1984 DUES-POLICE DEPT REFUND-EXERCISE CLASSES XEROX VELLUM/BLUEPRINT DUSTMOPS/PLASTIC BAGS-COMMUNITY CTR/STREET CALENDAR REFILL-COMMUNITY SERVICES BUS SERVICE-COMMUNITY SERVICES REPAIR DEFROSTER-SQUAD CARS 350.00 125.00 125.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 150.00 350.00 125.00 350.00 350.00 350.00 350.00 350.00 275.00 350.00 150.00 350.00 275.00 125.00 350.00 125.00 275.00 14.52 7.75 765.00 71.51 14.60 1265.44 139.9: 2270.40 21.20 272.69 132.00 43.00 408.50 50.0c 389.6 40.0C 25.(r 50.4' • 270.4 15.2' 225.5 147.0k 1596242 56 11407 11408 I )9 11411 11412 11413 DIRECT SAFETY COMPANY EDEN PRAIRIE CLEANERS CITY OF EDINA CITY OF EDINA KAREN EDSTROM ELVIN SAFETY SUPPLY INC KAREN ENO 11414 FEED-RITE CONTROLS INC 11415 FINANCE & COMMERCE 11416 FLAHERTYS HAPPY TYME CO 11417 G L CONTRACTING INC 11418 G L W DISTRIBUTING 11419 GENERAL OFFICE PRODUCTS COMPANY 11420 8 F GOODRICH TIRE CENTER 11421 KARIN GORI 11422 JACK HACKING 11423 DEBRA HANSEN 11424 CHUCK HARDY 11425 KARIN HARRIS 11426 HERITAGE PRINTING 11427 HENNEPIN COUNTY CHIEFS OF POLICE 11428 HENNEPIN TECHNICAL CENTERS 11429 D C HEY COMPANY INC 11430 HONEYWELL 11431 INDEPENDENT SCHOOL DISTRICT #272 J1432 ITASCO EQUIPMENT CO 33 IAAO It434 INTERNATIONAL ASSOC OF CHIEFS 11435 JM OFFICE PRODUCTS INC 11436 J & R RADIATOR CORP 11437 F F JEDLICKI INC 11438 TOM KEEFE 11439 KELLOGS LEBODY SHOP 11440 KETCH-ALL COMPANY 11441 KILLMER ELECTRIC COMPANY INC 11442 DAVID KREEMER 11443 VICKIE KROSHUS 11444 LANCE 11445 LANG PAULY & GREGERSON LTD 11446 JAMES J LORENCE 11447 GENE MACE 11448 MACQUEEN EQUIPMENT INC 11449 MANPOWER INC 11450 ROBERT MARTZ 11451 MCGLYNN BAKERIES INC 11452 METRO ALARM INC 11453 METROPOLITAN AREA MANAGEMENT ASSO 11454 METROPOLITAN WASTE CONTROL COMMIS 11455 MIDLAND PRODUCTS COMPANY 11456 MIDWEST ASPHALT CORPORATION '1 457 MPLS STAR & TRIBUNE CO 458 MINN ASSN OF CIVIL DEFENSE 11459 MINNESOTA CHIEFS OF POLICE ASSOC SPARE FUEL TANK-WATER DEPT CLEAN BLANKET-POLICE DEPT REFUND-UTILITY BILL NOVEMBER 83 TESTS REFUND-EXERCISE CLASSES JACKETS/PANTS-BUILDING DEPT -SERVICE-MINUTES FOR PARK & RECREATION COMMISSION MEETINGS SULFATE-WATER DEPT 1984 SUBSCRIPTION-ASSESSING DEPT MIXES-LIQUOR STORES SERVICE-RAVEN RIDGE/PHEASANT CIRCLE SUPPLIES-LIQUOR STORE OFFICE SUPPLIES 6 TIRES-STREET DEPT SERVICE-CALLIGRAPHY-COMMUNITY SERVICES EXPENSES-POLICE DEPT OPEN GYM SUPERVISOR/FEES PAID VOLLEYBALL OFFICIAL/FEES PAID INSTRUCTOR-EXERCISE CLASSES/FEES PAID PRINTING-COMMUNITY CENTER 1984 DUES-POLICE DEPT SCHOOL-FIRE DEPT SERVICE-BUILDING DEPT DEC-FEB 84 SECURITY SYSTEM-LIQUOR STORE JULY/AUG/SEPT/NOV-COMMUNITY EDUCATION PARTS-EQUIPMENT MAINTENANCE SUBSCRIPTION-ASSESSING DEPT 1984 DUES-POLICE DEPT OFFICE SUPPLIES REPAIR RADIATOR HOSE-STREET DEPT SERVICE-ONTARIO ROAD BASKETBALL OFFICIAL/FEES PAID INSTRUCTOR-EXERCISE CLASSES/FEES PAID • KETCH ALL POLE-ANIMAL CONTROL TWO 100 AMP METERS INSTALLED VOLLEYBALL OFFICIAL/FEES PAID REFUND-FITNESS CLASSES SUPPLIES-LIQUOR STORE SEPTEMBER 83 LEGAL SERVICE LAND-VALLEY VIEW ROAD REFUND-ICE TIME FILTER-STREET DEPT TEMPORARY HELP-PLANNING DEPT JANUARY 83 EXPENSES EXPENSES-POLICE DEPT 151 QTR 84 ALARM SYSTEM-STREET DEPT 1984 DUES-MANAGER JANUARY 84 SEWER SERVICE CONCESSION STAND SUPPLIES-COMMUNITY CENTER WINTER MIX-STREET DEPT EMPLOYMENT ADS 1984 DUES-CIVIL DEFENSE COORDINATOR 1984 DUES 45.23 6.00 24.75 95.00 25..00 76.65 76.00 1820.20 59.00 95.40 3411.59 37.60 213.54 491.70 5.00 22.46 48.00 90.00 1638.40 201.55 40.00 120.00 45.00 295.68 2677.30 20.00 12.00 50.00 71.39 30.00 2908.00 168.00 651.56 112.84 336.00 108.00 25.00 36.84 11950.00 9859.33 15.00 27.10 26.20 170.35 23.80 48.00 5.00 58910.77 363.2L 20.00 132.00 3.00 60.00 9780448 9270225 11460 MINNEGASCO SERVICE 11461 MINNEGASCO -SERVICE 162 MINNESOTA DEPARTMENT OF HEALTH .'" WATER SAMPLES-WATER DEPT - _463 MINNESOTA RECREATION & PARK ASSOC BROOMBALL REGISTRATIONS/FEES PAID 11464 MOODYS INVESTORS SERVICE SERVICE 11465 EARL & HELEN MORE LAND 11466 NAEGELE OUTDOOR ADVERT CO POSTERS-POLICE DEPT 11467 NATIONAL REGISTRY OF EMERGENCY SCHOOL-POLICE DEPT 11468 NORTHERN STATES POWER SERVICE 11469 NORTHERN STATES POWER CO SERVICE 6522.22 4857.52 270.1: 120.00 3000.C , 26350.C,. 350.00 15.00 14708.1E 129.34 234.56 118.50 3.93 33.66 190.50 315.00 87.16 24.00 35.20 452.56 36.00 97.20 6612.66 20.00 192.00 1030.30 120.00 228.00 268.23 36.00 40.38 1597.98 252.78 42.38 50.00 400.00 70.00 243.72 580.00 48.00 240.00 180.37 457.05 598.30 40.00 65.35 28.00 264.00 191.17 46.75 20808.19 : 11470 NORTHWESTERN BELL TELEPHONE SERVICE 11471 OLSEN CHAIN & CABLE CO INC SKIDDER CABLE/HOOKS 11472 STEVE OLSTAD • MILEAGE 11473 W G PEARSON INC SAND 11474 PENNSYLVANIA OIL CO OIL-STREET DEPT 11475 POMER MFG CO INC TROPHIES-VOLLEYBALL/FEES PAID 11476 POWER SYSTEMS HYDRAULIC FITTINGS 11477 JERRY PRODOEHL 1984 LICENSE RENEWAL-STREET DEPT 11478 R & R SPECIALTIES INC HYDRAULIC FLUID-COMMUNITY CENTER 11479 RAINBOW MECHANICAL INC -REPAIR GAS REGULATOR ON BOILER-COMMUNITY CENTER 11480 FRED RAZAVI VOLLEYBALL OFFICIAL/FEES PAID 11481 RETAIL DATA SYSTEMS OF MINNESOTA CASH REGISTER TAPE-LIQUOR STORE 11482 ROAD MACHINERY & SUPPLIES 2 SNOW PLOWS-STREET DEPT 11483 RYANS RUBBER STAMPS PREINKING STAMPS-CITY HALL 11484 JOHN RYSKI BASKETBALL OFFICIAL/FEES PAID 11485 STS CONSULTANTS LTD SERVICE-PRAIRIE CENTER DRIVE 186 BARBARA SCHNEIDER INSTRUCTOR/EXERCISE CLASSES/FEES PAID Al.487 LARRY SCHWARZ BASKETBALL OFFICIAL/FEES PAID 11488 SEARS ROEBUCK & CO MESSAGE RECORDER/CALCULATOR/BLINDS 11489 SUSAN M SELSETH VOLLEYBALL OFFICIAL/FEES PAID 11490 SNYDERS DRUG STORES INC -SUPPLIES-COMMUNITY CENTER/COMMUNITY SERVICES/POLICE DEPT 11491 SOUTHWEST SUBURBAN PUBLISHING INC NOVEMBER 83 LEGAL ADS/HAPPENINGS PRINTED 11492 SUBURBAN CHEVROLET WHEEL/CHECK ENGINE & EXHAUST-POLICE DEPT 11493 STEVE SULLIVAN EXPENSES-PLANNING DEPT 11494 SULLIVANS SERVICES INC PUMP TANK-RESEARCH ROAD 11495 DANIEL TEITELBAUM INSTRUCTOR-KARATE/FEES PAID 11496 THOMPSON & KLAVERKAMP LEGAL SERVICE-SANITARY LANDFILL 11497 TWIN CITY OXYGEN CO OXYGEN-STREET DEPT 11498 TWIN CITY TESTING & ENG LAB WATER SAMPLES-SANITARY LANDFILL PROJECT 11499 U S POLICE CANINE ASSOC INC 1984 DUES-POLICE DEPT 11500 UNIVERSITY OF MINNESOTA CONFERENCE-BUILDING DEPT 11501 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 11502 VAN WATERS & ROGERS CHLORINE-WATER DEPT 11503 VIKING PRESS INC LETTERHEAD-CITY HALL 11504 WATER PRODUCTS COMPANY LEAD METER SEALS-WATER DEPT 11505 WEST WELD EQUIPMENT PARTS-EQUIPMENT MAINTENANCE 11506 ADAM WIETHOFF BASKETBALL OFFICIAL/FEES PAID 11507 JOSEPH A WIETHOFF VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 11508 XEROX CORPORATION SERVICE 11 509 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-WATER/PARKS/STREET DEPT 510 CHASE COMMERCIAL CORPORATION PHONE EQUIPMENT-P/S BUILDING 11511 FLOYD SECURITY 1ST QUARTER 84 ALARM SYSTEM-LIQUOR STORE 11512 JAN FLYNN "EXPENSES-SENIOR CITIZENS ( 13 NORWEST BANK MPLS N A - SERVICE _ 1..)14 OLYMPIC HILLS CORPORATION REFUND 1/2 LIQUOR LICENSE 11515 ST CROIX RECREATION CO TIRE SWING ASSEMBLY-PARK DEPT 650846 280.17 34.14 2268.75 3750.00 175.40 $212977.61 60 87848.86 27920.85 1016.69 589.29 500.00 106.80 10488.50 -558.08 17312.02 58967.76 986.00 503.75 6179.01 January 3,1984 Cash Disbursements by Fund Number 10 GENERAL 11 CERTIFICATE OF INDEBT 15 L/S PRAIRIE VILLAGE MALL 17 L/5 PRESERVE 33 UTILITY BOND FUND 36 P/S & P/W BOND FUND Si IMPROV CONST FUND • 57 ROAD IMPROv CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 COMMUNITY DEVELOP BLOCK G - TAX INCREMENT CONST FUND k $212977.61 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-13 The City Council of the City of Eden Prairie hereby designates John D. Frane as the Director and George Tangen as the Alternate Director of the Suburban Rate Authority for 1984. ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January, 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, Clerk SEAL RED ROCK RANCH NOTE: PAGES 62 - 74 HAVE BEEN DELETED FROM THIS WEEK'S PACKET. THIS ITEM TO BE CONTINUED TO THE JANUARY 17, 1984 COUNCIL MEETING. C 74 —msr! CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-06 A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL MEMBERS IN 1984 AND APPOINTING AN ACTING MAYOR. BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:30 p.m. to be adjourned by 11:30 p.m., unless waived by unanimous vote of members present, in the Eden Prairie School Administrative Bldg., 8100 School Road, Eden Prairie, Minnesota. Roberts Rules of Order will prevail. BE IT RESOLVED, that is hereby appointed to be the acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of January, 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL 15" CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-12 A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: INDEX SECTION 1 FEES, CHARGES AND RATES AUTHORIZED AND DEFINED SECTION 2 FEES, RATES AND CHARGES PURSUANT TO CITY CODE SECTION 3 OTHER FEES, RATES AND CHARGES • SECTION 1. FEES, CHARGES, AND RATES AUTHORIZED AND DEFINED The fees, charges and rates for the purposes set forth in this Resolution for licenses, permits and municipal services shall be in the amounts set forth in the following sections. SECTION 2. FEES, RATES AND CHARGES PURSUANT TO CITY CODE The following fees, rates and charges required to be fixed and determined by Resolution of the City Council pursuant to the City Code and for other licenses, permits and municipal services are hereby fixed, determined and adopted as hereinafter set forth. Business Licenses: 2.1 CIGARETTES (Section 5.35) Annual $12.00 2.2 CONTRACTORS (Section 5.33) Annual One and two family $15.00 Multi-family and commercial $25.00 2.3 DANCE HALLS (Section 5.31 and 5.32) Annual Public Shows or Dances $400.00 if live musicians are employed. $100.00 where music is provided exclusively by electrical or mechanical device(s). Incidental Shows or Dances $300.00 if live musicians are employed. $ 50.00 where music is provided exclusively by electrical or mechanical device(s). $ 25.00 when live musicians are employed and when the applicant is a religious, charitable or other non-profit organiza- tion and the permit is for a special event or limited period; when music is to be provided exclusively by electrical or mechanical means for such non-profit organization, the fee shall be $10.00. No fee is required for dances conducted by the Park and Recreation Department, any agency of the Eden Prairie School District, or the Eden Prairie Foundation. 2.4 DOGS (Section 9.07) License: Male Female Impounding fees: $25 - 1st offense/year $50 - 2nd offense/year $100 - 3rd offense/year Annual $4.00 Annual $4.00 Boarding fee: $5 per day Euthanasia fee: $5 2.5 DOG KENNELS (Section 5.60) Annual Commercial $50.00 Private $25.00* *Includes three individual dog licenses and tags. 2.6 DRIVE-IN THEATERS (Section 5.31) Annual $300.00 2.7 FOOD ESTABLISHMENTS (Section 5.38) A. Restaurants, stores, supermarkets, • manufacturing And processing plants, etc. $225.00 Supplementary areas: bar, kitchen, meat market, bakery, grocery store, other. each $15.00 B. Bottled soft drinks and packaged products sold in prepackaged form each $40.00 supplementary area $10.00 C. Other food establishments not in "A" each $175.00 supplementary area $15.00 Itinerant food establishment first day $50.00 each additional day $10.00 Temporary food license $35.00 Retail candy shop - when operated in connection with another licensed food establishment $10.00 Retail candy outlet $55.00 Readily perishable food vehicle, first truck $50.00 including bakery food vehicle additional $30.00 Vending machines for food or beverage each $15.00 Catering food vehicle ' $100.00 2.8 GAMBLING (See Ordinance No. 1-83) Annual Fee $300.00 Temporary Fee $ 40.00 2.9 GAS FITTERS Annual Class A $15.00 2.10 GRAVEL MINING (Section 11.55) Application Annual Performance fee license bond Land alteration Incidental mining (0 to 25,000 c.y.) total plan volume Borrow pit, with 25,000 - 75,000 c.y. annual plan volume Borrow pit with more than 75,000 c.y. annual volume $200.00 $100.00 $1,000.00 $2,0n no $300.00 $10,000.00 $2,500.00 $750.00 $10,000.00 2.11 HEATING & VENTILATING Annual $15.00 Liquor On-sale - wine Annual Annual Annual Annual $2000.00 Application fee ' $250.00 $200.00 $200.00 $10.00 Sunday Liquor Set-ups Employee License 2.12 LIQUOR (Chapter 4) Non-intoxicating malt liquors Annual Application fee $100.00 On-sale $50.00 Off-sale $10.00 Liquor On-sale Annual Investigation fee $7500.00 $500.00* Liquor On-sale - fraternal clubs Annual $100.00 Investigation fee $500.00* non-fraternal clubs Annual 50% of annual on-sale fee Investigation fee 1506X0 *An investigation fee not to exceed $500 shall be charged an applicant by the City if the investigation is conducted within the state, or the actual cost not to exceed $10,000 if the Investigation is required outside the State, shall be charged an applicant by the City. 2.13 MECHANICAL AMUSEMENT DEVICES AND AMUSEMENT CENTERS (Section 5.30) For each of the first three machines/devices ("A") $150.00 Juke boxes, kids rides, etc. per machine ("B" & "C") $25.00 Amusement Center, plus $5 per machine for up to 10 machines $1500.00 2.14 PEDDLERS (Section 5.37) Annual - evidence of State License $5.00 2.15 PLUMBING LICENSE No fee - State Bond/Insurance required 2.16 PUBLIC SERVICES Refuse and garbage collectors (Section 5.36) Annual 1st vehicle $30.00 Each additional vehicle $15.00 Scavengers (Section 5.34) Annual $10.00 2.17 WATER SOFTENING AND FILTERING No fee - State License required 2.18 WELLS No fee - State License required -79 Fee No fee $10.00 $15.00 $20.00 $20.00 for the first 10,000 cubic yards, plus $10.00 for each addi- tional 10,000 cubic yards or frac- tion thereof. 2.19 BUILDING PERMITS (Section 10.06) Total Valuation $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,000.01 to $100,000.00 $100,000.00 and up Fee $10.00 $10.00 for the first $500.00 plus $1.50 for each additional $1,000.00 or fraction thereof, •to and including $2,000.00 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $170.50 for the first $25,000 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $283.00 for the first $50,000 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $433.00 for the first $100,000 plus $1.50 for each additional $1,000.00 or fraction thereof. PLAN CHECKING FEES: Plan checking fee shall be 65% of the building permit fee. 2.20 DEMOLISHING OR RAZING BUILDINGS (Section 10.05) $25.00 2.21 EXCAVATION AND GRADING (Chapter 70, U.B.C. 1979 and City Engineer's approval) Plan Checking Fees 50 cubic yards or less 51 to 100 cubic yards 101 to 1000 cubic yards 1001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards $110.00 for the first 100,000 cubic yards, plus $6.00 for each additi- onal 10,000 cubic yards or frac- tion thereof. 200,0001 cubic yards or more $170.00 for the first 200,000 cubic yards, plus $3.00 for each additi- onal 10,000 cubic yards or frac- tion thereof. Other Inspections and Fees Additional plan review required by changes, additions or revisions to approve plans: (minimum charge = one half hour) - $25.00 per hour. Grading Permit Fees Fee 50 cubic yards or less $10.00 51 to 100 cubic yards $15.00 _ 101 to 1,000 cubic yards 1,0001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 or more Other Inspections and Fees $15.00 for the first 100 cubic yards plus $7.00 for each additional 1,000 cubic yards or fraction thereof. $78.00 for the first 1,000 cubic yards plus $6.00 for each additional 1,000 cubic yards or fraction thereof. $132.00 for the first 10,000 cubic yards plus $27.00 for each addi- tional 10,000 cubic yards or frac- tion thereof. $375.00 for the first 100,000 cubic yards plus $15.00 for each addi- tional 10,000 cubic yards or frac- tion thereof. Inspections outside of normal business hours (minimum charge = 2 hours) Reinspection fee assessed under provisions of Section 305(h) Inspections for which no fee is specifically Indicated (minimum charge = one-half hour) 2.22 EXCAVATION OF STREETS (Section 6.07) $25.00 per hour $25.00 each $25.00 per hour $10.00 '4 2.23 FIRE PREVENTION PERMITS (Section 9.05) Storage & handling of flammable liquids $25,00, C/0.ru) Storage & handling of corrosive liquids $25.00 (10.04 ) Dry cleaning establishments $25;00 C/o.,10 Hazardous chemicals 25.00 (e0.ro) Resurfacing and refinishing .00 (63.01J Installation of LP tanks, permanent $25.00 uo ,rv) Installation_sLIP tanks, temporary $121.22 TRifillation of flammable & combustible liquid tanks $25.00 (/0,0-u) Tents 2 0 Cfa.v1) Grease vapor removal system cleaning 25.00 per cleaning Firewor*s_ $25.00 + ---P--;-stAndbYlirOlOterS at Present ••±11 ate) Explosives, storage orhandling JAM —21 -ILE-21----r -,--Burwitsroidents. $10.00/week other I50700ZWeei Fire alarm systems 10.06) - 61 irit Jn iiinni -..---:77- 2.24 HEATING & VENTILATION (Chapter 10) A fee for the issuance of a permit for work and for making inspec- tions pursuant to applicable ordinances shall be as set forth in the sections which follow, except as provided in the State Building Code. A. Job Vallation 0 to $1,000 $1,000 to $10,000 $10,001 to $50,000 $50,001 and up B. Gas Piping 2% (.02) of job value - minimum of $10 $20 for the first $1,000 plus $1.25 for each additional $100 or fraction thereof to and including $10,000. $132.50 for the first $10,000 plus $1.00 for each additional $100 or fraction thereof, to and including $50,000. $532.50 for the first $50,000 plus $7.50 for each additional $1,000 or fraction thereof. For 3 openings on gas up to 2" Each additional opening Over 2" Each additional opening 2 .25 HEM .LAndowner. free Resident NOResident .15,9a 2.26 INCINERATORS (Section 9.05) $20.00 2.27 MOVING A BUILDING (Section 10.05). $1,000 deposit each from the owners of the building and building mover. Moving a building $250.00 Moving a garage only 50.00 2.28 PLUMBING (Chapter 10) Fixtures - each Rough-in fixtures Setting fixtures on previous Electric water heater New ground run for existing building Sump and receiving tank Water treating device (softener) Washer openings Sillcocks For extending water lines Sewage disposal (individual) Municipal sewer per 100 feet Municipal water per 100 feet Meter inspection and sealing Inside change over - sewer, water or both For 3 openings on gas up to 2" Each additional opening Over 2" Each additional opening Storm sewer and sub soil drains per 100 feet Gas stove Bar-b-que Incinerator Minimum permit fee $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 7.50 $ 2.00 $ 2.00 $ 5.00 $15.00 $10.00 $10.00 $15.00 $ 7.50 $ 3.00 $ 1.00 $ 7.50 $ 1.00 $ 7.50 $ 5.00 $ 5.00 $ 5.00 $7.50 2.29 FIRE SPRINKLER SYSTEMS (Section 9.05) 1 - 5 heads $ 15.00 6 - 25 heads 26 - 50 heads 51 - 200 heads 201 and up $ 15.00 first 5 heads plus $ 10.00 each additional 10 heads or fraction thereof. S 35.00 first 25 heads plus $ 7.50 each additional 10 heads or fraction thereof. $ 57.50 first 50 heads plus $ 5.00 each additional 10 heads or fraction thereof. $132.50 first 200 heads plus $ 2.50 each additional 10 heads or fraction thereof. Relocate sprinkler heads., piping or .appliances - fees are the same :t 1:cs r.!!).0.a..12qMfer_new_jnstal - __ Standpipes 1 - 3 floors $15.00 $10.O0 each additional floor or fraction thereof: 2.30 SIGNS (Section 11.70) Up to 33 square feet in size 33 square feet through 60 square feet in size 61 square feet to 100 square feet in size Each additional 100 square feet or portion thereof not exceeding 300 square feet additional - per year Each additional 100 square feet or portion thereof over a total of 400 square feet additional Directional signs for housing projects Temporary signs - Up to 10 square feet - 30 days Over 10 square feet - 30 days $12.00 $15.00 $18.00 $ 2.00 $2.50 $ 5.00 $ 3.00 $ 5.00 Fees shall not be pro-rated for a period of time less than shown. The surfaces of double or multi-faced signs shall be combined for the purpose of determining the amount of the fee. 2.31 SEPTIC SYSTEM PUMPING (Section 10.02) $ 5.00 2.32 WATER SOFTENING AND FILTERING (Chapter 10) $ 5.00 2.33 WELLS (Section 10.04) $15.00 , 7,4 Development Fees 2.34 PLANNED UNIT DEVELOPMENT (P.U.D.) (Section 11.40) $300 minimum or $5/acre - whichever is greater. PLANNED UNIT DEVELOPMENT AMENDMENT $300 minimum or $5/acre - whichever is greater. 2.35 ZONING (Section 11.77) $300 minimum or $5/unit (residential) - whichever is greater. $300 minimum or $25/acre (commercial, industrial, office, public) whichever is greater. 2.16 PLATTING (Section 12.04) $200 minimum or $5/lot (residential - whichever is greater) $200 minimum or $25/acre (commercial, industrial, office, public) - whichever is greater. SITE PLAN REVIEW $300 minimum or $5/acre - whichever is greater. 2.37 CASH PARK FEES (Section 12.40) Single family unit All other residential Office, commercial, industrial 2.38 SHORELAND MANAGEMENT ORDINANCE PERMITS (11.501 S 4 co u..0..fr e Temporary structure_in public_ waters $10.00 Chingd —in structure in public waters $10.00 - Multipld dock or dock in excess of 75' $10.00 for'dock -in authorized dock u s e area Utility Charges (Section 3.02) 2.39 SYSTEM ACCESS CHARGES A. For sanitary sewer: as established by the Metropolitan Waste Control Commission and as agreed by the City Council at its November 17, 1981 meeting. B. For sanitary sewer - $100 per R.E.C. plus $85. $200 each Metro SAC for industrial, public, office - plus $85. $300 each Metro SAC for commerical - plus $85. For water - $300 per R.E.C. $600 each Metro SAC for industrial, public, office. $900 each Metro SAC for commercial. -$250. per 11400/acre 4, o 4o0o atirt $10.00 2.40 USER CHARGES LID A. Sanitary sewer - $1.25 per 1,000 gallons subject to a minimum of 5 000 gallons perlia-Fler per R.E.C. .o to, o-44 B. Water - $.90 per 1,000 gallons subject to a minimum of 7,000 gallons pe—F—quarter per R.E.C. C. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C. D. A residential equivalent connection (R.E.C.) is one dwelling unit. E. In addition to the charges in A., B., C., and D. each R.E.C. will be billed $11.45 each three months. Lio 0..57 F. Unmetered residential sewer only use charges are $19.13 per quarter per R.E.C. plus a $5.70 fixed charge. SECTION 3. OTHER FEES, RATES AND CHARGES 3.1 GUIDE PLAN CHANGE $300 minimum or $5/acre - whichever is greater. 3.2 ENVIRONMENTAL ASSESSMENT WORKSHEET (E.A.W.) $300 minimum or $5/acre - whichever is greater. 3.3 ENGINEERING SERVICES TO LAND DEVELOPERS For consultations, review of grading, utility and street plans and specifications, general and final inspection of improvements and special assessment division: Residential' 50 units or less $30.00/unit (minimum $100.00) over 50 units $20.00/unit (minimum $1,500) Commercial and Industrial 5 acres or less $100.00 Over 5 acres $ 20.00 per acre Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. 3.4 APPEAL TO BUILDING BOARD OF APPEALS $20.00 3.5 ZONING AMENDMENT AND ZONING APPEAL (Appealing to Building Code Board of Appeals) Zoning amendment $200.00 Zoning Appeal (appeal for interpretation, variances) $ 50.00 Plus cost of review by City Staff and/or special consultants necessary as determined by the City Manager.. Deposit required. 3.6 SPECIAL ASSESSMENT SEARCHES $7.50 per parcel. No charge for Eden Prairie residents on searches of their homesteaded property. 3.7 MAPS AND PRINTING $.50 per square foot for miscellaneous printing. $3.00 each for small size (2' x 3' or less) City maps. $5.00 each for large size City maps. $12.50/acre for Mark Hurd Co. topography maps previously purchased by the City, except $5.00/sheet if topo map purchased by other than City and with original purchaser's permission. New order through Mark Hurd Co. - their original charge plus $.50/acre. Duplicating costs: $.50 for the first 5 pages of any file and $.25 for each additional page, plus postage, if any. .50 $75 annual charge for City Council Minutes (pro-rated) IP- annual charge for Planning Commission Minutes (pro-rated) 3.8 COMMUNITY CENTER A. Ice Arena 65 Rental - prime-time . $67.5/hour Non prime-time = $62.50/hour (3 a.m. to 2 p.m. on days when school is in session.)--GT" School District Educational Classes = $15/hour 4o School District Hockey Team Practice: prime-time ;62.50/hour, non prime-time $32.50/hour Hockey games = $67.5Q/hour (personnel required to run the games supplied by others--- school keeps 100% of the gate minus ice time and personnel costs.) „.(A- Individual open skating fees 17 years and under = $1.00 18 years and older $2.00 Family skate . $4.00/family Recommended open skating times: Monday, Wednesday & Friday from 10 a.m. to 1 p.m.; Friday nights from 8 - 11 p.m.; ° Saturdays from 1 - 4 p.m. and 8 - 11 p.m.; and Sunday after- noons (family skate) from 1 - 4 p.m. co 71( B. Swimming Pool Rental fee - group reservations: 25 participants or less is $251 hour with 1 Staff person; 25 - 50 participants is $32/hour with 2 Staff persons; and over 50 participants is $40/hour with 3 Staff persons. School District Educational classes = $15/hour School District after school use (team practice) • $20/hour Individual open swimming fees: 18 and older = $1.50 5 - 17 years = $1.00 Tots 4 years and under = $.50 (accompanied by an adult) Recommended open swimming times: Open family and adult swim- ming times would be spaced throughout the day Monday through Friday. Longer sessions would be available on Saturdays and Sundays. Hours would range from 11/4 to 21/2'hours Monday through Thursday. Friday, Saturday and Sunday would range from 11/2 - 4 hours to accommodate family recreational swimming. C. Racquetball Courts Rental fee - School District use = $10/hour for 3 courts (includes use of available racquets and eye protectors.) D. Fitness Center Rental room #1 = $15/hour Rental room #2 = $15/hour Rental rooms #1 and #2 = $30/hour Individual use = $.50 E. Meeting Rooms Only private profit-oriented groups will be charged for use of meeting rooms. Room #1 = $10 for 1 11 hours - first floor Room #2 = $10 for 11/2 hours - first floor Rooms #1 and #2 - $20 for 2 hours - first floor Room #3 - $15 for 11/2 hours - second floor F. Lockers There is no charge for lockers, but members/guests must provide own locks. G. Membership Fees All memberships become due January 1st of any given year; member- ships purchased after January 1st are pro-rated on a monthly basis. Non-resident fees are 50% over those charged for residents. Swimming & Fitness Membership DP, Family = $75 Individual = $40 Scheduled open swims are free; free use of fitness center. Skating & Fitness Membership Family = $65 Individual = $35 Scheduled open skating sessions are free; free use of fitness center. Racquetball & Fitness Membership Family = $75 Individual = $40 $2.25 per member for racquetball court; free use of fitness center. Swimming, Skating and Fitness Membership Family = $110 Individual = $70 Scheduled open swims are free, scheduled open skating is free, free use of fitness center. Swimming, Racquetball & Fitness Membership Family = $125 Individual = $75 Scheduled open swims are free, $2.25 per member for racquetball court, free use of fitness center. Swimming, Skating, Racquetball & Fitness Membership (full membership) Family = $185 Individual . $100 Scheduled open swims are free, scheduled open skating is free, $2.25 per member for racquetball court, free use of fitness center. H. Daily Use Fees Ice Arena - open skating 18 and over = $2.00 17 and under = $1.00 Family skate = $4.00 per family Swimming Pool - open swim 18 and over = $140 5 - 17 years =41.00 4 and under (accompanied by paying adult) = $.50 Fitness Center $.50 per day Racquetball Courts Live or work in Eden Prairie (proof required) = $3.25 per person per hour Anyone outside of Eden Prairie = $4.00 per person per hour Persons with racquetball memberships will pay $2.25 per person per hour. I. Policy on Group Rates and Liabilities Supervision will be at the discretion of the Center Management. This will be based on the number of people to be using the Center as well as the age and type of group. Necessary life guards, building supervisor(s) and people to operate specialized equipment will be provided. Fees are $500 for City residents/groups; $650 for out of town groups. Fees are based on use of the Center from 11:30 p.m. to 7 a.m. on a lock-in basis. An insurance policy for liability is also required. The maximum number in a group is 600. Liability limits are $500,000 - bodily injury; $100,000 - property damage; and $500,000 - personal injury. 3.9 PARK FACILITY FEES Fees are based on the number of people in attendance. Eden Prairie public service groups will not be charged a fee. Groups or companies outside of Eden Prairie may reserve facilities after June 1 of the current year only if they have a branch office in Eden Prairie or have Eden Prairie residents as employees. Number of persons Fee 25- 50 $ 25 51 - 100 $ 50 101 - 150 $ 75 151 - 200 $100 201 - 300 $150 No private group of over 300 will be allowed to reserve facilities at any park. (Maximum number at Staring Lake Park will be 150.) 3.10 ABATEMENT FEE $5.00 per parcel per year. 90 Wolfgang K—Piii-#1, Mayor 3.11 CITY CODE City Code - bound copy = $25.00 City Code - Chapter 11 $ 4.00 City Code - Chapter 12 = $ 3.00 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie, Minnesota, and Town of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed. ADOPTED, by the City Council of Eden Prairie this 15th day of March 1983. ATTEST: Jolin D. Frane, City Clerk SEAL JOINT AND COOPERATIVE AGREEMENT • PRELIMINARY STATEMENT The Parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statute 471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursu- ant to statutory authorization, the Parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of legislative programs on matters of mutual concern and interest. I. GENERAL PURPOSE The primary purpose of this Agreement is for the member muni- cipalities to jointly and cooperatively develop legislative pro- grams on matters of mutual concern and interest, and identify, re- view, and to actively oppose proposals which may be in conflict with the interests of the member municipalities. The organization formed pursuant to this Agreement will be funded by member municipalities' contributions, as herein speci- fied, with contributions being used for the retention of profes- sional assistance, information preparation and dissemination, re- search and other activities that may from time to time be author- ized by the membership. II. NAME The Parties hereto agree to establish an organization to be known as the Municipal Legislative Commission to carry out the objective of this Agreement. III. DEFINITION OF TERMS Section 1. Definitions. For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. Section 2. "Board" or "Board of Directors" means the govern- ing body of the Commission. Section 3. "Commission" means the organization created pur- suant to this Agreement. Section 4. "Council" means the governing body of a Party. Section 5. "Directors" means the persons appointed pursuant to this agreement to serve as Directors. - 1 - 92 III. DEFINITION OF TERMS (Continued): Section 6. "Operating Committee" means the committee con- sisting of the City Managers or Administrators of each Party. Section 7. "Party" means a municipality which has entered into this Agreement. IV ADDITIONAL PARTIES Any other municipality may become a Party upon approval by a majority of the then Parties. V. EFFECTIVE DATE A municipality shall enter into this Agreement by duly exe- cuting a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the City Administrator of the City of Woodbury, but after the Commission Chairman is elected, such documents shall be filed with said Chair- man. This Agreement shall become effective upon approval by at least six municipalities, or on February 15, 1984, whichever is sooner. VI.POWERSAND DUTIES OF THE COMMISSION Section 1. The powers and duties of the Commission shall in- clude the powers set forth in this article. Section 2. It may establish legislative programs embodying proposed legislation and positions on proposed legislation. Section 3. It may take such action as it deems necessary and appropriate to accomplish the general purposes of the organi- zation. Section 4. It may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as Legislators, research organizations, educational institu- tions, other political subdivisions, municipal organizations, regulatory organizations, technical experts and any other persons who can provide pertinent information concerning legislation of interest to the Commission. Section 5. It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. Section 6. It may conduct such research and investigation and take such action as it deems necessary, including participa- tion and appearance in proceedings of any metropolitan State, Federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 2 VI. POWERS AND DUTIES OF THE COMMISSION (Continued): Section 7. It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this agreement. Section 8. It may contract with any of the parties or others to provide space, services or materials on its behalf. Any contracts let or purchases made, shall conform to the require- ments applicable to Minnesota statutory cities. Section 9. It may accept gifts, apply for and use grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. Section 10. It shall cause an annual, independent audit of the books of the Commission to be made and shall make an annual financial accounting and report in writing to the parties. Its books and records shall be available for and open to the examina- tion by the parties at all reasonable times. It shall establish the annual budget for the Commission as provided in this agree- ment. Section 11. It may delegate authority to the Operating Com- mittee between Commission meetings. Such delegation of authority shall be by resolution of the Board and may be conditioned in such manner as the Board may determine. Section 12. It may exercise any other power necessary and incidental to the implementation of its powers and duties. VII. BOARD OF DIRECTORS Section 1. The governing body of the Commission shall be its Board of Directors. Each Party shall be entitled to two (2) direc- tors. Each director shall have one (1) vote. The Council of each Party shall appoint its two (2) directors, one (1) of whom shall be the City Manager or Administrator and the other shall be an elected official from the Council of the Party. Directors shall serve without compensation from the Commission, but this shall not prevent a Party from providing compensation for its directors if such compensation is authorized by the Party and by law. Section 2. There shall be no voting by proxy, but all votes must be cast by the director at a Board meeting. 3 qq VII. BOARD OF DIRECTORS TContinued): Section 3. Each director shall serve until that director's successor is appointed and assumes his or her ressponsibilities. Directors shall serve at the pleasure of the Council appointing them. When a Council appoints a director, it shall give notice of such appointment to the Commission's Secretary-Treasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Commission. Section 4. A majority of the Board of Directors shall con- stitute a quorum of the Board. Section 5. A vacancy on the Board shall be filled by the Council of the Party whose position on the Board is vacant. VIII. MEETINGS Section 1. The Commission shall meet at least quarterly and shall hold an annual organization meeting in January. Section 2. At the organizational meeting, or as soon there- after as it reasonably may be done, the Board shall adopt bylaws governing its procedures including the time, place and frequency of its regular meetings. Such bylaws may be amended from time to time. Section 3. Special meetings of the Board may be called (a) by the president or (b) by the Operating Committee, or the Board upon the written request of a majority of the directors. Five (5) days written notice of special meetings shall be given to the directors. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall,,be considered at a special meeting. Section 4. Notice of regular meetings of the Board shall be given to the directors by the Secretary-Treasurer at least seven (7) days in advance and the agenda for such meetings shall accom- pany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. IV. OFFICERS Section 1. Number, Election, Qualifications. The officers of the Commission shall consist ot a Chairman, a Vice Chairman and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board and shall hold office until the 4 IV OFFICERS (Continued) next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her ear- lier disqualification, death, resignation or removal. All offi- cers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which they were elected. Not more than one (1) Director of a Party shall be elected an officer during the same term. Directors of a Party that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Section 2. Resignation. Any officer of the Commission may resign at any time by giving written notice of his/her resigna- tion to the Board, to the Chairman or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board, Chairman or Secretary/Treasurer. The acceptance of a resignation shcll not be necessary to make it effective. Section 3. Removal. Any officer may be removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Directors, at any meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meet- ing unless all of the Directors of this Commission are present at the meeting. Section 4. Vacancies. A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. Section 5. Chairman; Vice Chairman. The Chairman shall pre- side at all meetings ot the Commission and shall perform all duties incident to the office of Chairman and such other duties as may be delegated by the Commission. The Vice Chairman shall act as Chairman in the absence of the Chairman. The Chairman shall be an elected Director and the Vice Chairman shall be an appointed Director who shall also serve as Chairman of the Operat- ing Committee. Section 6. Secretary Treasurer. The Secretary/Treasurer shall be a Director who Is a member of the Operating Committee. He/she shall be responsible for keeping a record of all of the proceedings of the Commission and Operating Committee and shall serve as the Chairman of the Operating Committee. The Secretary/ Treasurer shall send written notice and material pertaining to agenda items to each Director. He/she shall have custody of the 5 9 (0 IV. OFFICERS (Continued): Commission's funds, shall pay its bills, shall keep its financial records and generally conduct the financial affairs of the Commis-sion. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks and drafts of the Commission shall require the signatures of the Secretary/Treasurer and one (1) other Director from a Party other than that of the Secretary/Treasurer. In conducting the Commission's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with generally accepted accounting principles. The Secretary/Treasurer's reports, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors not less than five (5) days prior to the meeting at which action on such bills or claims is to be taken. The Secre- tary/Treasurer shall post a fidelity bond or other insurance in an amount, on terms and with a company approved by the Commission. The Commission shall bear the cost of the bond or insurance. Said fidelity bond or other insurance shall cover all persons authorized to handle funds of the Commission. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Commission. Section 7. Other Officers. The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors. Section 8. Committees. The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. X. OPERATING COMMITTEE Section 1. Qualifications. The Operating Committee shall consist of the City Manager or Administrator Director appointed by each Party. Section 2. Authority. The Operating Committee shall have the authority to manage the property, affairs and business of the Commission between Commission meetings, to the extent speci- fically delegated by the By-Laws or resolution of the Board, but at all times, shall be subject to the control and direction of the Board. Section 3. Meetings. The Operating Committee shall meet monthly at a time and place to be determined by the Operating Committee. Special meetings may be called by the Chairman of the Operating Committee or by any other two (2) members of the 6 - 91 X. OPERATING COMMITTEE (Continued): Operating Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy-two (72) hours (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Operating Committee by the person or persons calling the meeting. The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting. Section 4. Personnel. The Operating Committee shall have authority to hire, supervise and discharge full or part-time employees but their compensation shall be within budget limita- tions. The Operating Committee may make any required employer contributions which local government units are authorized or required to make by law. XI. FINANCIAL MATTERS Section 1. Commission funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Orders, checks and drafts must be signed by any two (2) of the officers. Other legal instruments shall be executed with authority of the Board, by any two (2) officers. Section 2. The financial contributions of the Parties in support of the Commission shall be per capita. Each of the Parties shall pay to the Commission an amount as annually determined by the Commission not to exceed $.25 per capita by February 15, of each year based on the most recent Metropolitan Council population esti- mates, however, no individual municipality shall contribute more than $10,000 per year. This amount may be used by the Commission to pay all legal and consultant costs and expenses and other ex- penses as approved by the Board. The Board may authorize changes in the per capita charge for all members upon majority vote. Section 3. A proposed budget shall be formulated by the Board and submitted to the parties on or before August 1 of each calen- dar year. Such budget shall be deemed approved by a Party unless, prior to September 15 of the year involved, the Party gives notice in writing to the Board that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Board on or before November 1 of each year. Section 4. Any Party may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. -7- 9 2 XII. WITHDRAWAL Section 1. Withdrawal. Any Party may withdraw from this Agreement effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to September 15 of the preceding year. Section 2. Notice. In order to effectuate a withdrawal, a Party withdrawing fRim the Commission shall give written notice to the Chairman of the Commission, served personally on the Chair- man or addressed to the Chairman at the address shown on the records of the Commission, and by giving with such notice, a certified copy of a resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the Chairman of such notice and resolution. The with- drawing Party shall have the responsibility for such actual receipt by the Chairman. Upon receipt of such notice and resolution, the Chairman of the Commission shall forward a copy of the notice and resolution to each Director. Section 3. Financial Effect of Withdrawal. No financial benefit shall inure to a Party that witdraws trom this Commission nor shall there be any reimbursement for any contribution made or required of the withdrawn Party by this Agreement. XIII. AMENDMENTS Section 1. Amendments. This Agreement may be amended only by written amendment entered into by a majority of the then Par- ties to this Agreement in the same manner as this Agreement is entered into pursuant to Article VI hereof. XIV. DISSOLUTION Section 1. Duration of Commission. The Commission shall be dissolved if less than four (4) Parties remain, or by operation of State or Federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties. Section 2. Distribution of Assets. Upon dissolution of the Commission, all remaining assets or the Commission, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in pro- portion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affiars, but for no other purposes. 8 qq - 9 - 100 IN WITNESS WHEREOF, each undersigned municipality has caused this Agreement to be signed on its behalf this day of CITY OF BLOOMINGTON By Its Mayor By Its Manager/Clerk CITY OF BROOKLYN PARK By Its Mayor By Its Mafiager/Clerk CITY OF BURNSVILLE By Its Mayor By Its Manager/Clerk CITY OF EAGAN By Its Mayor Its Manager/Clerk CITY OF EDEN PRAIRIE By Its Mayor , 1983. CITY OF EDINA By Its Mayor By Its Manager/Clerk CITY OF MAPLE GROVE By Its Mayor By Its Manager/Clerk CITY OF MAPLEWOOD By Its Mayor Its Manager/ail -1 CITY OF PLYMOUTH By Its Mayor Its Manager/Clerk CITY OF ROSEVILLE By Its Mayor By Its Manager/Clerk Its Manager/Clerk CITY OF WHITE BEAR LAM By Its Mayor By Its Manager/Clerk CITY OF WOODBURY By Its Mayor By Its Manager/Clerk CITY OF MINNETONKA By Its Mayor By Its Manager MEMORANDUM TO: TBRU: FROM: DATE: SUBJECT: The Parks, Recreation and Natural Resources Commission Robert Lambert, Community Services Director Charles J. Pappas, Community Center Manager December 15, 1983 Area facility membership rates In response to the information requested by the Parks, Recreation and Natural Resources Commission, staff surveyed a number of facilities in the area as well as similiar types of facilities to see what types, if any, of memberships they made available to their residents and non-residents for the useage of . their facilities. The types of facilities surveyed are classified into 4 categories: #1 Swimming pools - indoor & outdoor #2 Ice Arenas #3 Private racquet clubs & the YMCA's #4 Community Centers - as closely similiar as possible In May of 1981, Staff surveyed the majority of these facilities as to membership rates. Their rates for 1981 as well as current rates are shown on the attached summary. Concerning the Community Center's current membership rates, it should be noted that we are entering our 3rd season of operation with no increase in our membership rates. Through discussions with individuals associated with the YMCA operation, staff has realized that our membership decrease is a characteristic of our second year membership offering. The trend for membership sales starts out very high - as ours did the first year. The second year, sales will decrease by as much as 50%. The 3rd year should show an increase and the 4th year should show an increase and plateau out. The offering of non-resident memberships is to ultimately raise our 4th year plateau. Looking at the single, year membership rates for a resident: the individual must ask, "how many times would I have to use this membership in order for it to show me a savings over a daily use fee?" -2- The following breakdown shows how many weeks it would take to pay back a membership cost if the individual used each aspect of his membership once each week. The breakdown is for our current resident memberships and also shows the proposed non-resident memberships. RESIDENT MEMBERSHIPS Swim & Fitness $40.00 Adult 20 weeks Student 26.6 weeks Skate & Fitness $35.00 Adult 14 weeks Student 23.3 weeks Racquetball & Fitness $40.00 Adult 26.6 weeks Student 26.6 weeks Swim, Skate & Fitness $70.00 Adult 17.5 weeks Student 28 weeks Swim, Racquetball & Fitness $75.00 Adult 25 weeks Student 30 weeks Swim, Skate, Racquetball & Fitness $100.00 Adult 20 weeks Student 28.5 weeks NON RESIDENT MEMBERSHIPS $60.00 • 30 weeks 40 weeks $52.50 21 weeks 35 weeks $60.00 26.6 weeks 26.6 weeks $105.00 26.2 weeks 42 weeks 012.50 30 weeks 34.6 weeks $150.00 26 weeks 35.2 weeks A family membership costs less than 2 individual memberships, therefore making that family membership more attractive in price as well as payback savings. Another point to consider in establishing the higher rate for non-residents, would be that the initial cost of the building is being paid by Eden Prairie residents through their taxes. Membership fees were established to be a benefit for the residents. MEMORANDUM TO: The Mayor, City Council, City Manager, Parks, Recreation and Natural Resources Commission THRUI FROM: Robert Lambert, Director of Community Services Charles Pappas, Community Center Manager November 28, 1983 SUBJECT: Non-resident Membership sales at the Eden Prairie Community Center In February of 1982, the Eden Prairie Community Center offered membership sales for the use of the facilities to those individuals and families that lived or worked in Eden Prairie. Six different combinations were offered and patrons had the option of purchasing an individual or family type of membership. In the year 1982, the Community Center sold 1,145 memberships for a gross income of $71,875.23. As of November 1, 1983, the Community Center has sold 646 memberships for a gross income of $41,964.41. This represents a substantial decrease in member- ship sales for this year. . . In an effort to increase income and participation in the membership area, staff requests the City Council and Parks Commission to consider the sale of non- resident memberships to the Community Center. These memberships would go on sale as of January 1st, 1984 and would be offered on a 1 year trial membership basis. The cost of these memberships would be 1/2 again as much as a resident membership and would be pro-rated each month just as the resident membership. An example would be as follows: Individual Membership for swimming, skating, racquetball and the fitness center would cost a resident $100.00. The same individual membership for a non-resident would cost $150.00. Staff can handle many more participants for open skating and swimming through- out the year, as this is the major area for membership participation. Staff could also anticipate additional concession revenues during these open times. log MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Service ' December 30, 1983 Cash Park Fees In late 1978, the City Council increased the cash park fees to the existing level of $250/unit for multi-family residential, $325/unit for single family residential and $1,400/acre for commercial and office. Although, City staff have reviewed these fees on an annual basis; staff has not recommended increasing these fees within the last five year period due to the recession of the last several years.. The Community Services Staff are presently reviewing cash park fees for 1984. Staff has contacted several second tier suburbs to compare cash park fees and have discussed land values with the City Assessor. The City Assessor has indicated that land values on unimproved residential property, as well as office, commercial and industrial property have approximately doubled since 1978. Following is a list of second tier suburbs and the cash park fees existing in 1983 or proposed to begin on January 1, 1984: ,.CANIUNITY TYPE OF USE LAND DEDICATION CASH CONTRIBUTION area 10% of the Assessor's Market Value area 5% of the Assessor's Market Value area 5% of the Assessor's Market Value In the past, City staff negotiated with developers as to the property value of each development. In 1983 they hired independent appraisers to determine the average market value of commercial property and industrial property. This average will then be the basis for the 5% fee. Burnsville Residential 10% of gross land Commercial 5% of gross land Industrial 5% of gross land $410/unit for single family/two family; $348/unit for townhouse/ quadraminium; $265/unit for condo- minium/apartment Eagan charges 4t per square foot of the net buildable property for commercial/industrial and office. Eagan Residential 10% of gross land value Commercial/ Industrial no land dedication except in areas that are needed for trails as designated in the municipal trails plan Plymouth Residential None Commercial/ 10% of the gross land Industrial area n< $400/unit for single family 10% of the Assessor's estimated land value of undeveloped land. Maximum fee is $2,200/acre lO to -2- -^MMUNTTY TYPE OF USE LAND DEDirftION CASH CONTRIBUTION \.—ple Grove Residential 7 11% of the gross land 71/2% of the appraised cash value for low density resident- for low density residential; 10% ial; 10% for 6-8 units per for medium density residential; acre; 10% plus 1% for each 10% plus 1% for each unit over 8 unit over 8 units per acre. units per acre. Developer pays all assess- ments on property dedicated Commercial 5% of the gross land area 5% of the fair market value after zoning. Fair market value is determined by a purchase agreement for the property after the approv,.. zoning or contingent on the ap- proved zoning or an appraisal by an independent appraiser (com- mercial in Maple Grove is gen- erally between $2 and $3 a sq. ft. fee would be $4,350/acre to $6,534/acre) Industrial 5% of the gross land area Same as commercial (industrial property averages approximately $25,000/acre in Maple Grove) Chanhassen Residential 10% $450/single per• single family resident Commercial/ $850/acre Industrial Minnetonka Minnetonka has no cash park fees and no park dedication requirement for developers. Bloomington Residential 10% 10% of the value of the raw land (fee won't exceed $1,000/acre) no land dedication required no fee required unless trails corridor passes thru site Commercial/ Industrial Fees range from $111/unit for a 1 bedroom efficiency condominium to $334/unit for a 4 bedroom townhouse; single family resident- ial is $326/unit 5% of the appraised value. Maple- wood City staff requests the developer to prove what the prop- erty is worth by a purchase agree- ment or an appraisal. Maplewood has za, not to exceed, park fee of $12,000/ acre (most commercial in Maplewood is around $2.75 a sq. ft.; therefore, cash park fee , are generally about $6,000/acre for commercial) Maplewood Residential land dedication to the City must have an equal appraised value as the required cash contribution Commercial/ Maplewood charges the fee Industrial rather than taking land dedication from commercial and industrial -3- CONNUNITY TYPE OF USE LAND DED+CATION _ ( .00klyn Park Residential 101 of the gross land area Commercial/ same as residential Industrial CASH CONTRIBUTION 10% of de assessed value for residential not to exceed a fee of $10,000/acre (this ordinance is being changed to charge 4% of the assessed value with no limit on the fee) same as residential Each community addresses the cash park fee or land dedication in a different manner based on their philosophy regarding the developer's responsibility to assist in the development of the park and open space system. Fees vary a great deal depending on this philosophy and the land values in the respective communities. The majority of the communities con- tacted charged either 10% or 5% for commercial/industrial property; the key question is 10% or 5% of what? Should the percentage be based on the assessed value, the market value. the appraised value, and at what time should the value be determined - before zoning, after zoning, before improvements such as road and sewer or after the assessments have been levied? The Community Services Staff requested the City Assessor to give his opinion of the aver- age market value of unimproved industrial, office and commercial property after zoning has been approved. The Assessor provided the following estimates: Industrial - $1.85/sq. ft. = $80,586/acre Office - $3.50/sq/ ft. = $152,460/acre Commercial - $4.00/sq. ft. = $174,240/acre The City of Eden Prairie presently charges $1,400/acre for industrial, office, and commercial property. If we charge 10%, the maximum the ordinance allows, and if we assume this should be 10% of the market value of unimproved property after zoning, and if we assume the Assessor's values are true for all industrial, commercial and office property; we would charge $8,000/acre for industrial, $15,000/acre for office and $17,000/ acre for commercial. Obviously, there should be an increase in fees, and there should be a different rate for commercial, industrial and office; however, an increase to any- thing approaching these fees would not be competitive with other communities and would obviously be an unreasonable increase. The Community Services Staff suggested to the Parks, Recreation and Natural Resources Commission that perhaps the amounts provided by the City Assessor would be on the high end of the land costs in Eden Prairie for those types of property, but might represent the difference in values between industrial, office and commercial. Community Services Staff suggested using those fees and charging 2% rather than 10% for 1984. This would be a fee of $1,600/acre for industrial, $3,000/ acre for office and $3,400/acre for commercial. Single family residential can be developed at a density of 2.5 units/acre. The City Assessor indicated that single family residential property is selling for $20,000/acre; 10% would equal $2,000/acre for a fee. At 2.5 units/acre cash park fees would have to be $800/unit to meet the maximum 10% value. The Community Services Staff would agree that some single family residential property is selling for $20,000/acre, however, there is also some single family residenital property selling at considerably less than $20,000/ acre. The Community Services Staff recommend charging half of that $800/unit charge based on the $20,000/acre land cost; therefore, the single family fee for 1984 would be $400/unit; this is a 23% increase for single family fees. A 23% increase for multi- family fees would increase the rate from $250/unit to $305/unit. Uri .4- On December 19, 1983, the Parks, Recreation and Natural Resources Commission recommended approval of the following fees for 1984: Industrial - from $1,400/acre to $1,600/acre Office - from $1,400/acre to $3,000/acre Commercial - from $1,400/acre to $3,400/acre Single Family Residential - from $325/unit to $400/unit Multi-Family Residential - from $250/unity to $30$/unit These fees are far below the maximum amount the City could charge on most properties; however, they are similar to fees that are charged in other fast growing second tier suburbs. The residential fees are in line with many communities. The commercial and office are less than communities such as Brooklyn Park, Maplewood, Maple Grove, but are higher than fees charged by Chanhassen, Eagan and possibily Burnsville (Burnsville has a higher percentage but a lower value put on the property). Plymouth charges $2,200/acre for commercial, industrial and office, therefore we would charge less for industrial and more for commercial and office than Plymouth. On December 29, Walt Carpenter and Dick Putnam discussed their concerns regarding this proposed change to the ordinance with the City Manager and the Director of Community Services. The major concern was that adjacent communities such as Bloomington and Minnetonka have no fees for commercial and industrial and that a jump from $1,400/acre to $3,400/acre for commercial is a substantial increase without having any discussion from the affected property owners. They have requested that the City provide a forum for discussion of these proposed increases. The City Manager and the Director of Community Services recommend the Council consider allowing the Development Commission to review this Proposed increase at their next meeting on Friday, January 6, and to receive input from developers prior to their follow- ing meeting, at which time they would make a recommendation to the City Council regarding the proposed park fees. BL:md foX